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Home My WebLink AboutCUP 99-18; AT&T Wirelss Grand Pacific; Conditional Use Permit (CUP)CITY OF CARLSBAD LAND USE REVIEW APPLICATION < c 11 APPLICATIONS APPLIED FOR: (C ... ,-. !' V* •-' • , '• "- Q] Administrative Permit - 2nd Dwelling Unit Q] Administrative Variance ~O) Coastal Development Permit £r- f3> Conditional Use Permit L73 Condominium Permit I J Environmental Impact Assessment (~1 General Plan Amendment [] Hillside Development Permit Q Local Coastal Plan Amendment n Master Plan Q Non-Residential Planned Development Q Planned Development Permit HECK BOXES) (FOR DEPARTMENT USE ONLY) , ,t 'l *^oi& OJp^-ff Q " Planned Industrial Permit Q Planning Commission Determination Q] Precise Development Plan Q Redevelopment Permit Q Site Development Plan Q Special Use Permit Q Specific Plan £] Tentative Parcel Map Obtain from Engineering Department d Tentative Tract Map [] Variance G Zone Change Q List other applications not specified (FOR DEPARTMENT USE ONLY) 2) 3) 4) ASSESSOR PARCEL NO(S).: PROJECT NAME: BRIEF DESCRIPTION OF PROJECT: /iUS>V#U.//(S& 4-/)/£ZCilCSJSK- 5) OWNER NAME (Print or Type)6) APPLICANT NAME (Print or Type) MAILING ADDRESS MAILING ADDRESS CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE 74,0 I CERTIFY THAT I AM THE LEGAL OWNER AND IHAT ALL THE ABOVE INFORMATION IS TRUE ANA CORRECT T//THE BEST OF MY KNOWLEDGE. SIGNATURE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNEB-ATCtrTHAT ALUFHfABOVE INFORMATION IS TRUE AND CORRECT TO TtlEJEST OF MYyKNQWLEDGE. . S'3Z-1i DATE SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION i>IOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED. MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1 OF 2 8) LOCATION OF PROJECT: ON THE BETWEEN STREET ADDRESS SIDE OF (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) AND (NAME OF STREET)(NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 1 6) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 1 9) GROSS SITE ACREAGE 22) EXISTING ZONING 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING . 1 2) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 1 8) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24)IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FPJ?THIS PURPOSE V FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED FEE REQUIRED . 1-10.0 \OJ9 ivp.\ KfcCEIVED AU6 1 7 1993 CITY OF CARLSBAD RECEIVED BY: DATE FEE PAID RECEIPT NO. Form 16 PAGE 2 OF 2 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: APPLICANT NAME: //TV 7" Please describe fully the proposed project. 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. Our installation consists of installing three sectors of antennas with two antennas per sector. Two of the sectors will be located within an existing cupola at the northwest area of the existing development. One of the sectors will be located on the face of the cupola. The related radio and power equipment will be located in the parking garage. This equipment is specifically used for the transmission and reception of voice and data information carried over a wireless communication system. Q S! WoLUa: a<s_"m «}S d Q £2 O LETTER OF AUTHORIZATION Site Number: SD 039 B Property Address: 5805 Armada Drive Carlsbad. CA 92008 Assessor's Parcel Number: 211-022-28 To Whom It May Concern: I, David S. Brown and Timothy J. Stripe, owners of the above-described property, authorize AT&T Wireless Services, Inc. ("AWS") or its agent, Wireless Facilities, Inc. ("WFI"), to act as an agent on my behalf for the purpose of obtaining any building or land-use applications necessary to ensure AWS's ability to use the property for the purpose of constructing and operating a communications facility. I understand that this application may be denied, modified, or approved with conditions, and that such conditions or modifications must be complied with prior to issuance of building permits. I further understand that signing of this authorization does not create an obligation of any kind. D Name: 7/JWQT//Y ^DTP>ip£ Name: fift/ffi Title: fa- /%EE>tf£*K Title: Date: - Date: cc: Zoning File \ Form No. 1068-1 (Rev. 10/17/92) Exhibit A to .Preliminary Report RECEIVED Aiir, 1 7 1QQQAUG i / rays CITY OF CARLSBAD Preliminary Report F/rsf American Title Insurance Company A EXHIBIT A A LIST OF RENTED EXCEPTIONS AND EXCLUSIONS (ByWlicy. Type) • 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason ot: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (ill) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or tor the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws ot the state in which the land is situated. 5. Invalidity or Unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, slate insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. , ORDER. NO. 1218557-7 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P . 0. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 June 1, 1999 WFI 9805 SCRANTON ROAD #245 SAN DIEGO, CA 92121 ATTN: KATHERINE WREN YOUR REF: SD-039B OUR ORDER NO. 1218557-7 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF MAY 20, 1999 AT 7:30 A.M. ROGER KAHELIN - TITLE OFFICER DIRECT DIAL PHONE 231-4623 .FAX NO. 231-4638 PAGE 1 •"$'&s*:~*'~^\ *"'*/ ^"'^x<&v'x>st&^g^y^ "^ v.'.T^;^-ORDER NO. 1218557-7 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: TO BE DETERMINED TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: GRAND PACIFIC PALISADES LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FORMERLY KNOWN AS CARLSBAD PACIFIC RESORT LLC, A CALIFORNIA LIMITED LIABILITY COMPANY THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE AND EASEMENT THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS : 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1999-2000, A LIEN, NOT YET PAYABLE. 2. A BOND ISSUED UNDER THE 1915 ACT FOR CARLSBAD RANCH, ASSESSMENT NO. 0000, DISTRICT 95-1, WHICH IS CURRENTLY OR WILL BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $693,112.25, PROVIDED CURRENT TAXES ARE PAID. THIS IS NOT A PAY-OFF AMOUNT. IF PAY-OFF IS REQUIRED, THERE WILL BE ADDED FEES, INTEREST AND A PRE-PAY AMOUNT. A DATE OF PAY-OFF WILL HAVE TO BE PROVIDED BY YOU; AS INTEREST IS COMPOUNDED DAILY. PLEASE ALLOW 15 WORKING DAYS, AS A REPORT WILL HAVE TO BE ORDERED FROM AGENCY CONCERNED. 3. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. PAGE 2 ORDER NO. 1218557-7 SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 4. SAID LAND LIES WITHIN THE BOUNDARIES OF SPECIAL TAX ASSESSMENT DISTRICT(S) CREATED BY A "COMMUNITY FACILITIES DISTRICT" MAP RECORDED UNDER THE PROVISIONS OF THE MELLO-ROOS ACT (STREETS AND HIGHWAY CODE SECTION 3100, ET SEQ.) OF THE CALIFORNIA STATE LEGISLATURE. NOTE: UPON OFFICIAL FORMATION, POTENTIAL ADDITIONAL TAXES MAY BE AUTHORIZED AND LEVIED BY THE DISTRICT WHICH MAY BE INCORPORATED INTO THE REGULAR PROPERTY TAX BILL AND MADE A PART OF THE GENERAL TAX COLLECTION PROCESS. 5. ANY EASEMENTS AND/OR SERVITUDES AFFECTING EASEMENT PARCELS B, C AND D HEREIN DESCRIBED. 6. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED AUGUST 3, 1987, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CITY OF CARLSBAD AND CARLTAS DEVELOPMENT COMPANY. RECORDED: SEPTEMBER 1, 1987 AS FILE NO. 87-496010 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 7. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED APRIL 6, 1988, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CITY OF CARLSBAD AND CARLTAS DEVELOPMENT COMPANY. RECORDED: APRIL 14, 1988 AS FILE NO. 88-171939 OF OFFICIAL RECORDS. 8. A "NOTICE OF APPROVAL OF REZONING AND CONSENT TO CONDITION" DATED NONE SHOWN, EXECUTED BY AND BETWEEN CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, RECORDED JULY 5, 1989, INSTRUMENT/FILE NO. 89-354161 OF OFFICIAL RECORDS, WHICH DOCUMENT, AMONG OTHER THINGS, CONTAINS OR PROVIDES FOR: "AN OPEN SPACE EASEMENT AND USAGE OF THE HEREIN DESCRIBED PARCELS A, B AND C", AS DESCRIBED WITHIN SAID DOCUMENT. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 3 j^ii5^. ,,.. jlJlP^v' ORDER NO. 1218557-7 9 . THE FACT THAT SAID LAND LIES WITHIN THE CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1, AS DISCLOSED BY INSTRUMENT RECORDED MAY 20, 1991 AS FILE NO. 91-0236959 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 10. AN EASEMENT FOR TRAFFIC SIGNAL MAINTENANCE AND INCIDENTALPURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED JULY 15, 1992 AS FILE NO. 1992-0443116 OF OFFICIAL RECORDS, LOCATED WITHIN THE WEST 15.00 FEET AND SOUTH 15.00 FEET OF LOT 14 OF MAP NO. 13215. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 11. AN AGREEMENT REGARDING CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS, DATED DECEMBER 13, 1993, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.EXECUTED BY AND BETWEEN: CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND THE CARLTAS COMPANY'. RECORDED: DECEMBER 30, 1993 AS FILE NO. 1993-0886060 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 12. CITY OF CARLSBAD AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) FOR COMMUNITY FACILITIES DISTRICT NO. 1, ANNEXATION NO. 1, STATE OF CALIFORNIA RECORDED JANUARY 3, 1994 AS FILE NO. 1994-0002008 OF OFFICIAL RECORDS. 13. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS AND CHARGES, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C) AS CONTAINED IN THE DECLARATION OF RESTRICTIONS RECORDED JANUARY 12, 1994 AS FILE NO. 1994-0027697 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THIS DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ANY REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR FIRST MORTGAGE. PAGE 4 . • •-•' ORDER NO. 1218557-7 SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. AN INSTRUMENT DECLARING A MODIFICATION OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS WAS RECORDED APRIL 3, 1995 AS FILE NO. 1995-0138588 OF OFFICIAL RECORDS. SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE INCORPORATED BY A DECLARATION OF ANNEXATION RECORDED JULY 5, 1995 AS FILE NO. 1995-0283827 OF OFFICIAL RECORDS. AFFECTS MAP NO. 13215. 14. DEED RESTRICTION DATED FEBRUARY 15, 1995, EXECUTED BY CARLSBAD RANCH COMPANY, A CALIFORNIA LIMITED PARTNERSHIP AND THE CALIFORNIA COASTAL COMMISSION SUBJECT TO THE TERMS AND CONDITIONS CONTAINED' THEREIN RECORDED MARCH 14, 1995 AS FILE NO. 1995-0106622 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 15. THE FACT THAT SAID LAND LIES WITHIN THE ANNEXATION MAP NO. 1 OF COMMUNITY FACILITIES DISTRICT NO. 3 OF CARLSBAD UNIFIED SCHOOL DISTRICT, AS DISCLOSED BY INSTRUMENT RECORDED MAY 16, 1995 AS FILE NO. 1995-0205176 OF OFFICIAL RECORDS. 16. AN AGREEMENT REGARDING HOLD HARMLESS AGREEMENT DRAINAGE, DATED MAY 24, 1995, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CARLSBAD RANCH COMPANY, L.P. AND THE CITY OF CARLSBAD. RECORDED: JUNE 12, 1995 AS FILE NO. 1995-0245821 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 17. AN AGREEMENT REGARDING HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE, DATED MAY 24, 1995, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CARLSBAD RANCH COMPANY, L.P. AND THE CITY OF CARLSBAD. RECORDED: JUNE 12, 1995 AS FILE NO. 1995-0245822 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 5 ORDER NO. 1218557-7 18. THE FACT THAT SAID LAND LIES WITHIN THE AMENDED ANNEXATION MAP NO. 1 TO BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 3, AS DISCLOSED BY INSTRUMENT RECORDED JUNE 16, 1995 AS FILE NO. 1995- 0254037 OF OFFICIAL RECORDS. 19. AN EASEMENT FOR PUBLIC SIDE WALK AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 13215, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS: A PORTION OF LOT 2 AS SHOWN ON MAP NO. 13719. 20. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1, DATED JANUARY 22, 1996, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: GRAND PACIFIC RESORTS, INC., A CORPORATION AND CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: MARCH 7, 1996 AS FILE NO. 1996-0113674 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 21. THE INTEREST OF GRAND PACIFIC RESORTS, INC., A CORPORATION AS DISCLOSED BY AN AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1, RECORDED MARCH 7, 1996 AS FILE NO. 1996-0113674 OF OFFICIAL RECORDS. 22. A HOLD HARMLESS AGREEMENT DRAINAGE DATED JULY 11, 1996, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CARLSBAD RANCH COMPANY, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD. RECORDED: OCTOBER 16, 1996 AS FILE NO. 1996-0524217 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 6 ORDER NO. 1218557-7 23. AN AGREEMENT REGARDING COVENANT FOR GOLF ACCESS EASEMENT, DATED MARCH 12, 1997, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CARLSBAD ESTATE HOLDING, INC., A CALIFORNIA CORPORATION AND CARLSBAD RANCH COMPANY, L.P., A CALIFORNIA LIMITED PARTNERSHIP. RECORDED: MARCH 20, 1997 AS FILE NO. 1997-0124949 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 24. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS AND CHARGES, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C) AS CONTAINED IN THE DECLARATION OF RESTRICTIONS RECORDED APRIL 2, 1997 AS FILE HO. 1997-0150347 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THIS DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ANY REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR FIRST MORTGAGE. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. AFFECTS THE PROPERTY IN QUESTION WITH OTHER PROPERTY. 25. A PARKING EASEMENT AGREEMENT DATED JULY 2, 1997, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CARLSBAD RANCH COMPANY, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND CARLSBAD PACIFIC RESORT LLC, A CALIFORNIA LIMITED LIABILITY COMPANY. RECORDED: JULY 10, 1997 AS FILE NO. 1997-0324277 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 7 ,. i %*yr . ORDER NO. 1218557-7"•^•^^ s'Jji 26. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $6,000,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED JULY 10, 1997 AS FILE NO. 1997-0324278 OF OFFICIAL RECORDS. DATED: JULY 8, 1997 TRUSTOR: CARLSBAD PACIFIC RESORT LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: CHICAGO TITLE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: FINOVA CAPITAL CORPORATION, A DELAWARE CORPORATION AFFECTS THE PROPERTY HEREIN DESCRIBED WITH OTHER PROPERTY. SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT RECORDED NOVEMBER 12, 1998 AS FILE NO. 1998-0735566 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED NOVEMBER 12, 1998 AS FILE NO. 1998-0735567 OF OFFICIAL RECORDS. AN INSTRUMENT DATED MARCH 13, 1999, RECORDED APRIL 29, 1999 AS FILE NO. 1999-0288501 OF OFFICIAL RECORDS, EXECUTED BY GRAND PACIFIC PALISADES, A CALIFORNIA LIMITED LIABILITY COMPANY AND FINOVA CAPITAL CORPORATION, A DELAWARE CORPORATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED. 27. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER SHOWING: DEBTOR: CARLSBAD PACIFIC RESORT LLC, C/0 GRAND PACIFIC RESORTS, INC. SECURED PARTY: FINOVA CAPITAL CORPORATION DATE FILED: (NOT SHOWN) RECORDED: JULY 10, 1997 AS FILE NO. 1997-0324279 OF OFFICIAL RECORDS. PROPERTY COVERED: AS DESCRIBED THEREIN AN AMENDMENT TO SAID FINANCING STATEMENT RECORDED FEBRUARY 11, 1998 AS FILE NO. 1998-0072697 OF OFFICIAL RECORDS. AN AMENDMENT TO SAID FINANCING STATEMENT RECORDED APRIL 29, 1999 AS FILE NO. 1999-0288503 OF OFFICIAL RECORDS. PAGE 8 ORDER NO. 1218557-7 28. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $6,000,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED JULY 10, 1997 AS FILE NO. 1997-0324280 OF OFFICIAL RECORDS. DATED: JULY 8, 1997 TRUSTOR: CARLSBAD PACIFIC RESORT LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: CHICAGO TITLE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: FINOVA CAPITAL CORPORATION, A DELAWARE CORPORATION AFFECTS THE PROPERTY HEREIN DESCRIBED WITH OTHER PROPERTY. SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT RECORDED NOVEMBER 12, 1998 AS FILE NO. 1998-0735566 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED NOVEMBER 12, 1998 AS FILE NO. 1998-0735568 OF OFFICIAL RECORDS. AN INSTRUMENT DATED APRIL 7, 1999, RECORDED APRIL 29, 1999 AS FILE NO. 1999-0288504 OF OFFICIAL RECORDS, EXECUTED BY GRAND PACIFIC PALISADES (FKA CARLSBAD PACIFIC RESORT LLC) , A CALIFORNIA LIMITED LIABILITY COMPANY AND FINOVA CAPITAL CORPORATION, A DELAWARE CORPORATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED. 29. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER SHOWING: DEBTOR: CARLSBAD PACIFIC RESORT LLC, C/O GRAND PACIFIC RESORTS, INC. SECURED PARTY: FINOVA CAPITAL CORPORATION DATE FILED: (NOT SHOWN) RECORDED: JULY 10, 1997 AS FILE NO. 1997-0324281 OF OFFICIAL RECORDS. PROPERTY COVERED: AS DESCRIBED THEREIN AN AMENDMENT TO SAID FINANCING STATEMENT RECORDED FEBRUARY 11, 1998 AS FILE NO. 1998-0072700 OF OFFICIAL RECORDS. AN AMENDMENT TO SAID FINANCING STATEMENT RECORDED APRIL'29, 1999 AS FILE NO. 1999-0288505 OF OFFICIAL RECORDS. 30. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM ARMADA DRIVE EXCEPT FOR ACCESS OPENING ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON PARCEL MAP NO. 17877. 31. A NOTICE OF RESTRICTION ON REAL PROPERTY RECORDED AUGUST 5, 1997 AS FILE NO. 1997-0372433 OF OFFICIAL RECORDS. PAGE 9 ORDER NO. 1218557-7 REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 32. A NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO. : SDP 96-01/CT 96-01/PUD 96-01/CUP 96-11/CDP 96-02, RECORDED AUGUST 5, 1997 AS FILE NO. 1997-0372469 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 33. AN EASEMENT FOR AIRCRAFT OPERATION, AIRCRAFT SOUND AND NOISE, AIRCRAFT AVIGATION AND FLIGHT, HAZARD AND AIR SPACE AND INCIDENTAL PURPOSES IN FAVOR OF THE COUNTY OF SAN DIEGO, ITS SUCCESSORS AND ASSIGNS, RECORDED AUGUST 19, 1997 AS FILE NO. 1997-0400294 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: OVER AND THROUGH ALL AIR SPACE ABOVE GRANTOR'S PROPERTY, AS PARTICULARLY DESCRIBED HEREIN, FROM THE SURFACE TO AN INDEFINITE HEIGHT ABOVE SAID SURFACE. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 34. A RECIPROCAL INDEMNITY AGREEMENT DATED JULY 3, 1997, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN : CARLSBAD RANCH COMPANY , L . P . , A CALIFORNIA LIMITED PARTNERSHIP AND KREG-OC, L.P., A CALIFORNIA LIMITED PARTNERSHIP. RECORDED: SEPTEMBER 26, 1997 AS FILE NO. 1997-0476787 OF OFFICIAL RECORDS . REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 35. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED MARCH 13, 1998 AS FILE NO. 1998-0138098 OF OFFICIAL RECORDS. THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 36. A COVENANT FOR EASEMENT DATED APRIL 24, 1998, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CARLSBAD PACIFIC RESORT LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND THE CITY OF CARLSBAD. RECORDED: JUNE 12, 1998 AS FILE NO. 1998-0356918 OF OFFICIAL RECORDS . PAGE 10 ORDER NO. 1218557-7 REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 37. A CABLE TELEVISION HOTEL/TIMESHARE BILLING AGREEMENT AND GRANT OF EASEMENT DATED JUNE 15, 1998, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: DANIELS CABLEVISION, INC., A DELAWARE CORPORATION AND GRAND PACIFIC PALISADES LLC, ' A CALIFORNIA LIMITED LIABILITY COMPANY. RECORDED: JULY 9, 1998 AS FILE NO. 1998-0424986 OF OFFICIAL RECORDS. AN EASEMENT FOR INSTALLATION AND MAINTENANCE OF A CABLE TV SYSTEM AND INCIDENTAL PURPOSES AS SET FORTH IN THE INSTRUMENT ABOVE MENTIONED. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 38. A HOLD HARMLESS (DRAINAGE) AGREEMENT DATED MAY 28, 1998, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CARLSBAD PACIFIC RESORT LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND THE CITY OF CARLSBAD. RECORDED: OCTOBER 13, 1998 AS FILE NO. 1998-0656884 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 39. A HOLD HARMLESS (GEOLOGICAL FAILURE) AGREEMENT DATED MAY 28, 1998, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CARLSBAD PACIFIC RESORT LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND THE CITY OF CARLSBAD. RECORDED: OCTOBER 13, 1998 AS FILE NO. 1998-0656885 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 11 , ' .-^rS% •'^^•^ •^...,4Jjif*,,^ ORDER NO. 1218557-7 40. AN EASEMENT FOR THE CONSTRUCTION, OPERATION, REPAIR, RECONSTRUCTION AND ALL ACTIVITIES NECESSARY TO CONSTRUCT, RECONSTRUCT, OPERATE, MAINTAIN AND REPAIR FACILITIES DESIGNED FOR THE GENERAL PURPOSE OF COLLECTING, STORING, TRANSPORTING, PUMPING AND TREATING ALL WATER, INCLUDING SURFACE WATER, STREAM WATER, FLOOD WATER AND GROUND WATER FLOWING INTO SAID FACILITIES, AND ALL NATURAL AND ARTIFICIAL DRAINAGE CATCHES AND STRUCTURES OF ANY KIND, WHETHER ABOVE OR BELOW THE SURFACE OF THE GROUND AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED NOVEMBER 12, 1998 AS FILE NO. 1998-0735566 OF OFFICIAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 41. A COMMON IMPROVEMENTS MAINTENANCE AND MAINTENANCE COST-SHARING AGREEMENT DATED DECEMBER 15, 1998, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: GRAND PACIFIC PALISADES LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, CARLSBAD RANCH COMPANY, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND GRAND PACIFIC PALISADES OWNERS ASSOCIATION, INC., CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION. RECORDED: DECEMBER 18, 1998 AS FILE NO. 1998-0832764 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 42. THE SUBDIVISION MAP REFERRED TO IN THE LEGAL DESCRIPTION HEREIN CONTAINS VARIOUS RESTRICTIONS IN IMPROVING OR DEVELOPING THE PROPERTY HEREIN DESCRIBED. REFERENCE IS MADE TO SAID SUBDIVISION MAP FOR FURTHER PARTICULARS. 43. AN EASEMENT FOR PUBLIC UTILITY, TRAFFIC SIGNAL EQUIPMENT, LOOP DETECTORS AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 13719, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS: A PORTION OF LOT 2 AS SHOWN ON SAID MAP. 44. AN EASEMENT FOR GENERAL UTILITY, ACCESS AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 13719, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. PAGE 12 ORDER NO. 1218557-7 AFFECTS: A PORTION OF LOT 2 AS SHOWN ON SAID MAP. 45. A 25' SIGHT DISTANCE CORRIDOR AS DESIGNATED AND DELINEATED ON MAP NO. 13719. 46. A CONDOMINIUM PLAN PURSUANT TO SECTION 1351 OF THE CALIFORNIA CIVIL CODE RECORDED FEBRUARY 3, 1999 AS FILE NO. 1999-0065269 OF OFFICIAL RECORDS. 47. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS AND CHARGES, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C) AS CONTAINED IN THE DECLARATION OF RESTRICTIONS RECORDED FEBRUARY 3, 1999 AS FILE NO. 1999-0065270 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THIS DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ANY REGULAR OR'SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR FIRST MORTGAGE. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. AN ASSIGNMENT OF DECLARANT'S RIGHTS EXECUTED BY GRAND PACIFIC PALISADES LLC, A CALIFORNIA LIMITED LIABILITY COMPANY IN FAVOR OF FINOVA CAPITAL CORPORATION, A DELAWARE CORPORATION RECORDED APRIL 29, 1999 AS FILE NO. 1999-0288506 OF OFFICIAL RECORDS. 48. A GRAND PACIFIC PALISADES RESORT AND HOTEL COST-SHARING AGREEMENT DATED JANUARY 27, 1999, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: GRAND PACIFIC PALISADES LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND GRAND PACIFIC PALISADES OWNERS ASSOCIATION, INC., CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION. RECORDED: FEBRUARY 3, 1999 AS FILE NO. 1999-0065271 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 13 ^^^^mK^^ ...ifii/P^,., ORDER NO. 1218557-7 49. A DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO HOTEL OWNER(S) USE RIGHTS, RECORDED FEBRUARY 3, 1999 AS FILE NO. 1999-0065272 OF OFFICIAL RECORDS. 50. A LICENSE AGREEMENT FOR USE OF GARAGE AND RAMPS UNIT DATED JANUARY 27, 1999, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: GRAND PACIFIC PALISADES LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND GRAND PACIFIC PALISADES OWNERS ASSOCIATION, INC., CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION. RECORDED: FEBRUARY 3, 1999 AS FILE NO. 1999-0065273 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 51. THE INTEREST OF VARIOUS PARTIES IN POSSESSION OF THE HEREIN DESCRIBED PROPERTY AS DISCLOSED BY VARIOUS DEEDS OF RECORD. 1998-1999 TAX INFORMATION: CODE AREA: 09034 PARCEL NO.: 211-022-24-00 1ST INSTALLMENT: $72,167.51 PAID 2ND INSTALLMENT: $72,167.51 PAID LAND VALUE: $4,425,000.00 IMPROVEMENTS: $ - 0 - EXEMPT: $-0- PAGE 14 y ORDER NO. 1218557-7•//*(••>•* , ' LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: LOT 2 OF CARLSBAD RANCH HOTEL AND TIMESHARE RESORT C.T. 96-01, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 03, 1999. PARCEL B: AN EASEMENT FOR AUTOMOBILE PARKING AND PEDESTRIAN INGRESS AND EGRESS PURPOSES AS GRANTED ON THAT CERTAIN PARKING EASEMENT AGREEMENT RECORDED JULY 10, 1997 AS FILE NO. 1997-0324277 OF OFFICIAL RECORDS, OVER A PORTION OF THE DESCRIBED PROPERTY AS DESCRIBED IN SAID AGREEMENT SUBJECT TO COVENANTS AND CONDITIONS CONTAINED THEREIN. LOT 15 OF CARLSBAD TRACT 94-09, CARLSBAD RANCH UNITS 2 AND 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13408, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 1, 1997. PARCEL C: A PERMANENT AND NONEXCLUSIVE EASEMENT FOR PURPOSES OF PEDESTRIAN INGRESS AND EGRESS AND GENERAL PUBLIC ACCESS IN, OVER, UNDER, ACROSS AND ALONG THAT PORTION OF LOT 1 OF CARLSBAD MINOR SUBDIVISION NO. 97- 03, ACCORDING TO PARCEL MAP THEREOF NO. 17877, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 7, 1997 AS DOCUMENT NO. 1997-0319148 OF OFFICIAL RECORDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; SAID CORNER IS A POINT ON A 621.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHWEST, THE CENTER POINT TO SAID CURVE BEARS SOUTH 74°13'31" WEST, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF ARMADA DRIVE ACCORDING TO MAP THEREOF NO. 13357, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 11, 1996 AS DOCUMENT NO. 1996-0463214 OF OFFICIAL RECORDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THENCE LEAVING SAID RIGHT OF WAY SOUTH 63°50'20" WEST (SOUTH 63°50'30" WEST RECORD MAP NO. 13357) 245.31 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT 1, TO A POINT ALSO BEING THE PAGE 15T:06/01/99 11:32:01 V: / / : : CF 00 ORDER NO. 1218557-7 SOUTHWESTERLY CORNER OF SAID LOT 1 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 17°59'30" EAST 113.63 FEET ALONG THE WESTERLY LOT LINE OF SAID LOT 1; THENCE NORTH 72°00'30" WEST 42.00 FEET ALONG THE SOUTHERLY LOT LINE OF SAID LOT 1; THENCE LEAVING SAID SOUTHERLY LOT LINE NORTH 17°59'30" EAST 5.00 FEET; THENCE SOUTH 72°00'30" EAST 47.00 FEET; THENCE SOUTH 17°59'30" WEST 113.78 FEET TO A POINT, SAID POINT BEING ON THE SOUTHEASTERLY LOT LINE OF SAID LOT 1; THENCE SOUTH 63°50'20" WEST (SOUTH 63°50'30" WEST RECORD MAP NO. 13357) ALONG SAID SOUTHEASTERLY LOT LINE 6.97 FEET TO THE TRUE POINT OF BEGINNING. PARCEL D: AN EASEMENT FOR ACCESS, PARKING, DRAINAGE AND UTILITIES OVER, ACROSS AND UPON LOT 1 OF PARCEL MAP NO. 17877, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 7, 1997. PAGE 16 Igrff^ , ORDER NO. 1218557-7f\-i-.',-f^y^^•..^:«*f /.:/>; WIRING INSTRUCTIONS FOR YOUR TRANSACTION THE INSTRUCTIONS PROVIDED BELOW ARE EXCLUSIVELY FOR OUR DEMAND/DRAFT, SUB-ESCROW ACCOUNTS. UNION BANK 530 B STREET SAN DIEGO, CA 92101 ABM 122000496 CREDIT: FIRST AMERICAN TITLE INSURANCE COMPANY ACCOUNT: 4000135661 PLEASE REFERENCE THE TITLE ORDER NUMBER WITH EACH CLOSING SO THE FUNDS CAN BE HANDLED IN THE MOST EFFICIENT MANNER. PAGE 17 MAP NO. 13719 CARLSBAD MAP 13367 LOT 3 SHEET 4 OF 5 SHEETS RANCH HOTEL AND TIMESHARE RESORT C.T. 96-O1 Q) Aft EAifMeHT fOK AKflUfr OffJttTIOHS,SOUHO. MI snue Ana <Z>Ai£At£juevrmfMKMFr ~ Of&WloUS, SOUND. AHtilVCe 7AUO AVIGATIOH PCIt DCC. Oil-t4ooi34 nee. Ateasr is.mi. } AN eASEM&rr ton ruei/c' umirtes. IHUXSSff/i ooc. ase-ot3to37 nee.. UOKHis. int. ® AH fASfHfNT mt CACJ.B TV PEROOC. 1338-0424306 KEC. JULYe.tsse. ® AneASeMEfJT FOR PARK/US AHD fCCeSTKIAH WO*£SJ AMD ' FWI337-O324Z77 /tec. JULY fO. 1337. LINC cunt \li 121}(•fisitif 1 Cl C2CJ <•'Ci l» OiRECTION \Hinrsi'clKYNisis-oo'cmwroo'ia'irNtrsi-jo-rN71-00-M-W NtT'39'JO'l'N72'00'M-W fUDtUS \ii.oo-ns.oo'121.00' 719.00'ss.co- 711.00' DiSTJWCf JOO'J.OO' 31 Wa oo':o.3)- 1.17'Jjyo- LCNCm \ DCIHtttr tr4S'2i' tl.!2' Oi'll'il-7.00- oo-jjii'a so' ocr4ro7~is.ir i!'4S'if 43.M- OS23-M- » coKuwr or cuno/r fw XXFSS; /MOW; £Kt mm AND BfUMVf US&fNT KCOKCfO 0*fR JU tOfS WMW MSaxmisoH e SUCH nur a c«>wr x norm.FfH DOC / l99&'O3f(fttt A 0*30293 KC. MUST ® AH £iS£M£*ir FOK PUSi/C UTILITIES.AHD eafess fee DOC.isae-o/seoaa Kec. MAKCH 13, 1336. © AH EAse&ietrr W/THIH PIKUMBS, IUBRESS AUD EGRESS P&t DOC.KBC.. MAY IS. IK.I. THE AEGVE &tSEM&/rS CANNOT«OM GEHeXAL PUBLIC AK£SS DOC. 1397O&S3eiO KSOOfOSDZ3. 1337 AfID P£K DCC.. t997-Oil3/4e K£C. JULY 7.1337.VICINITY MAP DETAIL "D" 1998 O'DAY CONSULTANTS. INC.CALIFOfJNIA COORDINATE INDEX NUMBER 346-1671 CMWD PROJ.f 96-509 /IERICAN LAND TITLE ASSOCIATION LOAN POLICVBTO WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location o( any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights ol police power unless notice ot the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which ate not shown as existing liens by the records of any taxing authority that levies taxes or assessments on teal property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other (acts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason ol: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (Hi) a separation in ownership or a change in the dimensions or area of the land or any parcel ol which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice ot a defect, lien or encumbrance resulting from a violation or alleged violation atlecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien ol the insured mortgage over any statutory lien for services, labor or material or the extent insurance is attorded herein as to assessments lor street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or Unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Dale of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy Ins insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of; 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiling or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date, of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described an:- referred to in Item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) . ' . , .. Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in tfe£*3pp|jcation. iK^JreJappjicant includes a corporation or partnership, include the names. tMe^addressfes of aj^«irtdividuals owning more than 10% of the shares. IF NO GJ^ THAN" 10% OF THE SHARES. PLEASE INDICATE NON- APPLCABLE (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 T/MoTHy 4TfaPC f DAviD fiZerttJ Corp/Part 6#WS> fAaf5* C Title &> " ffl-GSlteffT* Title Address C7T Address ^oo/ OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (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.) Corp/Part <£l/rMfr Title .Title £0 Address Address CT 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-O894 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/TrustNon Profit/Trust Title Title Address Address. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes No If yes, please indicate person(s):. NOTE: Attach additional sheets if necessary. certify that all the above information is true and correct to the best of my knowledge. Print or type name of owner Print or type name of applicant /Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADM1N\COUNTER\DISCLOSURE STATEMENT 5/98 Paae 2 of 2 AWS PROPOSED STEALTH ANTENNA LOCATION (BEHIND FACADE) 42'-6" A.G.L BOTTOM OF FASCIA 39-6" A.G.L RAD CENTER DRAWN BY: MJ REVISIONS DATE 5/21/99 DESCRIPTION REVISIONS IN ^d^J^«l I^MBOOH MTELECOM OUTSOURCING GRAND PACIFIC RESORT 5805 ARMADA DR. CARLSBAD, CA 92008 JOB# SD039B AWS PROPOSED STEALTH ANTENNA LOCATION : (BEHIND FACADE) 42'-6' A.G.L BOTTOM OF FASCIA 39-6" A.G1. RAD CENTER 38'-6" A.G.L TOP OF ROOF "GROUND DRAWN BY: MJ REVISIONS DATE 5/21/98 DESCRIPTION REVISIONS IN OUTSOURCING GRAND PACIFICRESORT 5805 ARMADA DR. CARLSBAD, CA 92008 JOB| SD039B PROPOSED AWS ANTENNA LOCATION RAD CENTER 38'~6" A.G.L. PARAPET 3/u/sa DRAWN BY: MJ REVISIONS DATE DESCRIPTION IN TELECOM OUTSOURCING GRAND PACIFIC RESORT 5805 ARMADA DR. CARLSBAD, CA 9200B JOB# SD039B Form No. 1068-1 (Rev. 10/17/92) Exhibit A to Preliminary Report AUG 1 7 1939 AME Preliminary Report First American Title Insurance Company EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 SCHEDULES EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys1 fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on Ihe rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by Ihe insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage lo the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. • ORDER NO. 1218557-7 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 . •'.* •'" -~p.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 June I, 1999 WFI 9805 SCRANTON ROAD #245 SAN DIEGO, CA 92121 ATTN: KATHERINE WREN YOUR REF: SD-039B OUR ORDER NO. 1218557-7 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS .FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF MAY 20, 1999 AT 7:30 A.M. JLN-»«y ROGER KAHELIN - TITLE OFFICER DIRECT DIAL PHONE 231-4623 .FAX NO. 231-4638 PAGE 1 "WiO^ „ ORDER NO. 1218557-7i%:^ /^iK THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: TO BE DETERMINED TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: GRAND PACIFIC PALISADES LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FORMERLY KNOWN AS CARLSBAD PACIFIC RESORT LLC, A CALIFORNIA LIMITED LIABILITY COMPANY THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE AND EASEMENT THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1999-2000, A LIEN, NOT YET PAYABLE. 2. A BOND ISSUED UNDER THE 1915 ACT FOR CARLSBAD RANCH, ASSESSMENT NO. 0000, DISTRICT 95-1, WHICH IS CURRENTLY OR WILL BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $693,112.25, PROVIDED CURRENT TAXES ARE PAID. THIS IS NOT A PAY-OFF AMOUNT. IF PAY-OFF IS REQUIRED, THERE WILL BE ADDED FEES, INTEREST AND A PRE-PAY AMOUNT. A DATE OF PAY-OFF WILL HAVE TO BE PROVIDED BY YOU; AS INTEREST IS COMPOUNDED DAILY. PLEASE ALLOW 15 WORKING DAYS, AS A REPORT WILL HAVE TO BE ORDERED FROM AGENCY CONCERNED. 3. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. PAGE 2 ORDER NO. 1218557-7 SUPPLEMENTAL TAXES THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 4. SAID LAND LIES WITHIN THE BOUNDARIES OF SPECIAL TAX ASSESSMENT DISTRICT(S) CREATED BY A "COMMUNITY FACILITIES DISTRICT" MAP RECORDED UNDER THE PROVISIONS OF THE MELLO-ROOS ACT (STREETS AND HIGHWAY CODE SECTION 3100, ET SEQ.) OF THE CALIFORNIA STATE LEGISLATURE. NOTE: UPON OFFICIAL FORMATION, POTENTIAL ADDITIONAL TAXES MAY BE AUTHORIZED AND LEVIED BY THE DISTRICT WHICH MAY BE INCORPORATED INTO THE REGULAR PROPERTY TAX BILL AND MADE A PART OF THE GENERAL TAX COLLECTION PROCESS. 5. ANY EASEMENTS AND/OR SERVITUDES AFFECTING EASEMENT PARCELS B, C AND D HEREIN DESCRIBED. 6. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED AUGUST 3, 1987, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CITY OF CARLSBAD AND CARLTAS DEVELOPMENT COMPANY. RECORDED: SEPTEMBER 1, 1987 AS FILE NO. 87-496010 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 7. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED APRIL 6, 1988, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: . CITY OF CARLSBAD AND CARLTAS DEVELOPMENT COMPANY. RECORDED: APRIL 14, 1988 AS FILE NO. 88-171939 OF OFFICIAL RECORDS. 8 . A "NOTICE OF APPROVAL OF REZONING AND CONSENT TO CONDITION" DATED NONE SHOWN, EXECUTED BY AND BETWEEN CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, RECORDED JULY 5, 1989, INSTRUMENT/FILE NO. 89-354161 OF OFFICIAL RECORDS, WHICH DOCUMENT, AMONG OTHER THINGS, CONTAINS OR PROVIDES FOR: "AN OPEN SPACE EASEMENT AND USAGE OF THE HEREIN DESCRIBED PARCELS A, B AND C", AS DESCRIBED WITHIN SAID DOCUMENT. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 3 ORDER NO. 1218557-7 THE FACT THAT SAID LAND LIES WITHIN THE CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1, AS DISCLOSED BY INSTRUMENT RECORDED MAY 20, 1991 AS FILE NO. 91-0236959 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 10. AN EASEMENT FOR TRAFFIC SIGNAL MAINTENANCE AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED JULY 15, 1992 AS FILE NO. 1992-0443116 OF OFFICIAL RECORDS, LOCATED WITHIN THE WEST 15.00 FEET AND SOUTH 15.00 FEET OF LOT 14 OF MAP NO. 13215. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 11. AN AGREEMENT REGARDING CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS, DATED DECEMBER 13, 1993, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND THE CARLTAS COMPANY. RECORDED: DECEMBER 30, 1993 AS FILE NO. 1993-0886060 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 12. CITY OF CARLSBAD AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) FOR COMMUNITY FACILITIES DISTRICT NO. 1, ANNEXATION NO. 1, STATE OF CALIFORNIA RECORDED JANUARY 3, 1994 AS FILE NO. 1994-0002008 OF OFFICIAL RECORDS. 13. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS AND CHARGES, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C) AS CONTAINED IN THE DECLARATION OF RESTRICTIONS RECORDED JANUARY 12, 1994 AS FILE NO. 1994-0027697 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THIS DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ANY REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR FIRST MORTGAGE. PAGE 4 ORDER NO. 1218557-7 SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. AN INSTRUMENT DECLARING A MODIFICATION OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS WAS RECORDED APRIL 3, 1995 AS FILE NO. 1995-0138588 OF OFFICIAL RECORDS. SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE INCORPORATED BY A DECLARATION OF ANNEXATION RECORDED JULY 5, 1995 AS FILE NO. 1995-0283827 OF OFFICIAL RECORDS. AFFECTS MAP NO. 13215. 14. DEED RESTRICTION DATED FEBRUARY 15, 1995, EXECUTED BY CARLSBAD RANCH COMPANY, A CALIFORNIA LIMITED PARTNERSHIP AND THE CALIFORNIA COASTAL COMMISSION SUBJECT TO THE TERMS AND CONDITIONS CONTAINED THEREIN RECORDED MARCH 14, 1995 AS FILE NO. 1995-0106622 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 15. THE FACT THAT SAID LAND LIES WITHIN THE ANNEXATION MAP NO. 1 OF COMMUNITY FACILITIES DISTRICT NO. 3 OF CARLSBAD UNIFIED SCHOOL DISTRICT, AS DISCLOSED BY INSTRUMENT RECORDED MAY 16, 1995 AS FILE NO. 1995-0205176 OF OFFICIAL RECORDS. 16. AN AGREEMENT REGARDING HOLD HARMLESS AGREEMENT DRAINAGE, DATED MAY 24, 1995, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CARLSBAD RANCH COMPANY, L.P. AND THE CITY OF CARLSBAD. RECORDED: JUNE 12, 1995 AS FILE NO. 1995-0245821 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 17. AN AGREEMENT REGARDING HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE, DATED MAY 24, 1995, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CARLSBAD RANCH COMPANY, L.P. AND THE CITY OF CARLSBAD. RECORDED: JUNE 12, 1995 AS FILE NO. 1995-0245822 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 5 ORDER NO. 1218557-7 18. THE FACT THAT SAID LAND LIES WITHIN THE AMENDED ANNEXATION MAP NO. 1 TO BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 3, AS DISCLOSED BY INSTRUMENT RECORDED JUNE 16, 1995 AS FILE NO. 1995- 0254037 OF OFFICIAL RECORDS. 19. AN EASEMENT FOR PUBLIC SIDE WALK AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 13215, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS: A PORTION OF LOT 2 AS SHOWN ON MAP NO. 13719. 20. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1, DATED JANUARY 22, 1996, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: GRAND PACIFIC RESORTS, INC., A CORPORATION AND CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: MARCH 7, 1996 AS FILE NO. 1996-0113674 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 21. THE INTEREST OF GRAND PACIFIC RESORTS, INC., A CORPORATION AS DISCLOSED BY AN AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1, RECORDED MARCH 7, 1996 AS FILE NO. 1996-0113674 OF OFFICIAL RECORDS. 22. A HOLD HARMLESS AGREEMENT DRAINAGE DATED JULY 11, 1996, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CARLSBAD RANCH COMPANY, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD. RECORDED: OCTOBER 16, 1996 AS FILE NO. 1996-0524217 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 6 - ORDER NO. 1218557-7 AN AGREEMENT REGARDING COVENANT FOR GOLF ACCESS EASEMENT, DATED MARCH 12, 1997, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CARLSBAD ESTATE HOLDING, INC., A CALIFORNIA CORPORATION AND CARLSBAD RANCH COMPANY, L.P., A CALIFORNIA LIMITED PARTNERSHIP. RECORDED: MARCH 20, 1997 AS FILE NO. 1997-0124949 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 24. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS AND CHARGES, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604 (C) AS CONTAINED IN THE DECLARATION OF RESTRICTIONS RECORDED APRIL 2, 1997 AS FILE HO. 1997-0150347 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THIS DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ANY REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR FIRST MORTGAGE. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. AFFECTS THE PROPERTY IN QUESTION WITH OTHER PROPERTY. 25. A PARKING EASEMENT AGREEMENT DATED JULY 2, 1997, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CARLSBAD RANCH COMPANY, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND CARLSBAD PACIFIC RESORT LLC, A CALIFORNIA LIMITED LIABILITY COMPANY. RECORDED: JULY 10, 1997 AS FILE NO. 1997-0324277 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 7 ORDER NO. 1218557-7 26. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $6,000,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED JULY 10, 1997 AS FILE NO. 1997-0324278 OF OFFICIAL RECORDS. DATED: JULY 8, 1997 TRUSTOR: CARLSBAD PACIFIC RESORT LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: CHICAGO TITLE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: FINOVA CAPITAL CORPORATION, A DELAWARE CORPORATION AFFECTS THE PROPERTY HEREIN DESCRIBED WITH OTHER PROPERTY. SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT RECORDED NOVEMBER 12, 1998 AS FILE NO. 1998-0735566 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED NOVEMBER 12, 1998 AS FILE NO. 1998-0735567 OF OFFICIAL RECORDS. AN INSTRUMENT DATED MARCH 13, 1999, RECORDED APRIL 29, 1999 AS FILE NO. 1999-0288501 OF OFFICIAL RECORDS, EXECUTED BY GRAND PACIFIC PALISADES, A CALIFORNIA LIMITED LIABILITY COMPANY AND FINOVA CAPITAL CORPORATION, A DELAWARE CORPORATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED. 27. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER SHOWING: DEBTOR: CARLSBAD PACIFIC RESORT LLC, C/O GRAND PACIFIC RESORTS, INC. SECURED PARTY: FINOVA CAPITAL CORPORATION DATE FILED: (NOT SHOWN) RECORDED: JULY 10, 1997 AS FILE NO. 1997-0324279 OF OFFICIAL RECORDS. PROPERTY COVERED: AS DESCRIBED THEREIN AN AMENDMENT TO SAID FINANCING STATEMENT RECORDED FEBRUARY 11, 1998 AS FILE NO. 1998-0072697 OF OFFICIAL RECORDS. AN AMENDMENT TO SAID FINANCING STATEMENT RECORDED APRIL 29, 1999 AS FILE NO. 1999-0288503 OF OFFICIAL RECORDS. PAGE 8 ORDER NO. 1218557-7 A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $6,000,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED JULY 10, 1997 AS FILE NO. 1997-0324280 OF OFFICIAL RECORDS. DATED: JULY 8, 1997 TRUSTOR: CARLSBAD PACIFIC RESORT LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: CHICAGO TITLE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: FINOVA CAPITAL CORPORATION, A DELAWARE CORPORATION AFFECTS THE PROPERTY HEREIN DESCRIBED WITH OTHER PROPERTY. SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT RECORDED NOVEMBER 12, 1998 AS FILE NO. 1998-0735566 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED NOVEMBER 12, 1998 AS FILE NO. 1998-0735568 OF OFFICIAL RECORDS. AN INSTRUMENT DATED APRIL 7, 1999, RECORDED APRIL 29, 1999 AS FILE NO. 1999-0288504 OF OFFICIAL RECORDS, EXECUTED BY GRAND PACIFIC PALISADES (FKA CARLSBAD PACIFIC RESORT LLC) , A CALIFORNIA LIMITED LIABILITY COMPANY AND FINOVA CAPITAL CORPORATION, A DELAWARE CORPORATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED. 29. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER SHOWING: DEBTOR: CARLSBAD PACIFIC RESORT LLC, C/0 GRAND PACIFIC RESORTS, INC. SECURED PARTY: FINOVA CAPITAL CORPORATION DATE FILED: (NOT SHOWN) RECORDED: JULY 10, 1997 AS FILE NO. 1997-0324281 OF OFFICIAL RECORDS. PROPERTY COVERED: AS DESCRIBED THEREIN AN AMENDMENT TO SAID FINANCING STATEMENT RECORDED FEBRUARY 11, 1998 AS FILE NO. 1998-0072700 OF OFFICIAL RECORDS. AN AMENDMENT TO SAID FINANCING STATEMENT RECORDED APRIL'29, 1999 AS FILE NO. 1999-0288505 OF OFFICIAL RECORDS. 30. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM ARMADA DRIVE EXCEPT FOR ACCESS OPENING ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON PARCEL MAP NO. 17877. 31. A NOTICE OF RESTRICTION ON REAL PROPERTY RECORDED AUGUST 5, 1997 AS FILE NO. 1997-0372433 OF OFFICIAL RECORDS. PAGE 9 ORDER NO. 1218557-7 REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 32. A NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO. : SDP 96-01/CT 96-01/PUD 96-01/CUP 96-11/CDP 96-02, RECORDED AUGUST 5, 1997 AS FILE NO. 1997-0372469 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 33. AN EASEMENT FOR AIRCRAFT OPERATION, AIRCRAFT SOUND AND NOISE, AIRCRAFT AVIGATION AND FLIGHT, HAZARD AND AIR SPACE AND INCIDENTAL PURPOSES IN FAVOR OF THE COUNTY OF SAN DIEGO, ITS SUCCESSORS AND ASSIGNS, RECORDED AUGUST 19, 1997 AS FILE NO. 1997-0400294 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: OVER AND THROUGH ALL AIR SPACE ABOVE GRANTOR'S PROPERTY, AS PARTICULARLY DESCRIBED HEREIN, FROM THE SURFACE TO AN INDEFINITE HEIGHT ABOVE SAID SURFACE. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 34. A RECIPROCAL INDEMNITY AGREEMENT DATED JULY 3, 1997, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CARLSBAD RANCH COMPANY, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND KREG-OC, L.P., A CALIFORNIA LIMITED PARTNERSHIP. RECORDED: SEPTEMBER 26, 1997 AS FILE NO. 1997-0476787 OF OFFICIAL RECORDS . REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 35. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED MARCH 13, 1998 AS FILE NO. 1998-0138098 OF OFFICIAL RECORDS. THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 36. A COVENANT FOR EASEMENT DATED APRIL 24, 1998, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CARLSBAD PACIFIC RESORT LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND THE CITY OF CARLSBAD. RECORDED: JUNE 12, 1998 AS FILE NO. 1998-0356918 OF OFFICIAL RECORDS . PAGE 10 . ORDER NO. 1218557-7 REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 37. A CABLE TELEVISION HOTEL /TIMESHARE BILLING AGREEMENT AND GRANT OF EASEMENT DATED JUNE 15, 1998, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: DANIELS CABLEVISION, INC., A DELAWARE CORPORATION AND GRAND PACIFIC PALISADES LLC, - A CALIFORNIA LIMITED LIABILITY COMPANY . RECORDED: JULY 9, 1998 AS FILE NO. 1998-0424986 OF OFFICIAL RECORDS . AN EASEMENT FOR INSTALLATION AND MAINTENANCE OF A CABLE TV SYSTEM AND INCIDENTAL PURPOSES AS SET FORTH IN THE INSTRUMENT ABOVE MENTIONED. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 38. A HOLD HARMLESS (DRAINAGE) AGREEMENT DATED MAY 28, 1998, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CARLSBAD PACIFIC RESORT LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND THE CITY OF CARLSBAD. RECORDED: OCTOBER 13, 1998 AS FILE NO. 1998-0656884 OF OFFICIAL RECORDS . REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 39. A HOLD HARMLESS (GEOLOGICAL FAILURE) AGREEMENT DATED MAY 28, 1998, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CARLSBAD PACIFIC RESORT LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND THE CITY OF CARLSBAD. RECORDED: OCTOBER 13, 1998 AS FILE NO. 1998-0656885 OF OFFICIAL RECORDS . REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 11 ORDER NO. 1218557-7 AN EASEMENT FOR THE CONSTRUCTION, OPERATION, REPAIR, RECONSTRUCTION AND ALL ACTIVITIES NECESSARY TO CONSTRUCT, RECONSTRUCT, OPERATE, MAINTAIN AND REPAIR FACILITIES DESIGNED FOR THE GENERAL PURPOSE OF COLLECTING, STORING, TRANSPORTING, PUMPING AND TREATING ALL WATER, INCLUDING SURFACE WATER, STREAM WATER, FLOOD WATER AND GROUND WATER FLOWING INTO SAID FACILITIES, AND ALL NATURAL AND ARTIFICIAL DRAINAGE CATCHES AND STRUCTURES OF ANY KIND, WHETHER ABOVE OR BELOW THE SURFACE OF THE GROUND AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED NOVEMBER 12, 1998 AS FILE NO. 1998-0735566 OF OFFICIAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 41. A COMMON IMPROVEMENTS MAINTENANCE AND MAINTENANCE COST-SHARING AGREEMENT DATED DECEMBER 15, 1998, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: GRAND PACIFIC PALISADES LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, CARLSBAD RANCH COMPANY, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND GRAND PACIFIC PALISADES OWNERS ASSOCIATION, INC., CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION. RECORDED: DECEMBER 18, 1998 AS FILE NO. 1998-0832764 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 42. THE SUBDIVISION MAP REFERRED TO IN THE LEGAL DESCRIPTION HEREIN CONTAINS VARIOUS RESTRICTIONS IN IMPROVING OR DEVELOPING THE PROPERTY HEREIN DESCRIBED. REFERENCE IS MADE TO SAID SUBDIVISION MAP FOR FURTHER PARTICULARS. 43. AN EASEMENT FOR PUBLIC UTILITY, TRAFFIC SIGNAL EQUIPMENT, LOOP DETECTORS AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 13719, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS: A PORTION OF LOT 2 AS SHOWN ON SAID MAP. 44. AN EASEMENT FOR GENERAL UTILITY, ACCESS AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 13719, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. PAGE 12 ORDER NO. 1218557-7 AFFECTS: A PORTION OF LOT 2 AS SHOWN ON SAID MAP. 45. A 25' SIGHT DISTANCE CORRIDOR AS DESIGNATED AND DELINEATED ON MAP NO. 13719. 46. A CONDOMINIUM PLAN PURSUANT TO SECTION 1351 OF THE CALIFORNIA CIVIL CODE RECORDED FEBRUARY 3, 1999 AS FILE NO. 1999-0065269 OF OFFICIAL RECORDS. 47. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS AND CHARGES, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604 (C) AS CONTAINED IN THE DECLARATION OF RESTRICTIONS RECORDED FEBRUARY 3, 1999 AS FILE NO. 1999-0065270 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THIS DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ANY REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR FIRST MORTGAGE. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. AN ASSIGNMENT OF DECLARANT'S RIGHTS EXECUTED BY GRAND PACIFIC PALISADES LLC, A CALIFORNIA LIMITED LIABILITY COMPANY IN FAVOR OF FINOVA CAPITAL CORPORATION, A DELAWARE CORPORATION RECORDED APRIL 29, 1999 AS FILE NO. 1999-0288506 OF OFFICIAL RECORDS. 48. A GRAND PACIFIC PALISADES RESORT AND HOTEL COST-SHARING AGREEMENT DATED JANUARY 27, 1999, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: GRAND PACIFIC PALISADES LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND GRAND PACIFIC PALISADES OWNERS ASSOCIATION, INC., CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION. RECORDED: FEBRUARY 3, 1999 AS FILE NO. 1999-0065271 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 13 ORDER NO. 1218557-7 49. A DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RELATING TO HOTEL OWNER(S) USE RIGHTS, RECORDED FEBRUARY 3, 1999 AS FILE NO. 1999-0065272 OF OFFICIAL RECORDS. 50. A LICENSE AGREEMENT FOR USE OF GARAGE AND RAMPS UNIT DATED JANUARY 27, 1999, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: GRAND PACIFIC PALISADES LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND GRAND PACIFIC PALISADES OWNERS ASSOCIATION, INC., CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION. RECORDED: FEBRUARY 3, 1999 AS FILE NO. 1999-0065273 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 51. THE INTEREST OF VARIOUS PARTIES IN POSSESSION OF THE HEREIN DESCRIBED PROPERTY AS DISCLOSED BY VARIOUS DEEDS OF RECORD. 1998-1999 TAX INFORMATION: CODE AREA: 09034 PARCEL NO.: 211-022-24-00 1ST INSTALLMENT: $72,167.51 PAID 2ND INSTALLMENT: $72,167.51 PAID LAND VALUE: $4,425,000.00 IMPROVEMENTS: $-0- EXEMPT: $-0- PAGE 14 :-r? r/'*'*- ... • ''' ''•'•^•'SiJV.-'C- 5'/ ' ' * -* -•• •• .^A.." — ~!.--;v .**«ORDER NO. 1218557-7.•/;*(••'-* , ' LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: LOT 2 OF CARLSBAD RANCH HOTEL AND TIMESHARE RESORT C.T. 96-01, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 03, 1999. PARCEL B: AN EASEMENT FOR AUTOMOBILE PARKING AND PEDESTRIAN INGRESS AND EGRESS PURPOSES AS GRANTED ON THAT CERTAIN PARKING EASEMENT AGREEMENT RECORDED JULY 10, 1997 AS FILE NO. 1997-0324277 OF OFFICIAL RECORDS, OVER A PORTION OF THE DESCRIBED PROPERTY AS DESCRIBED IN SAID AGREEMENT SUBJECT TO COVENANTS AND CONDITIONS CONTAINED THEREIN. LOT 15 OF CARLSBAD TRACT 94-09, CARLSBAD RANCH UNITS 2 AND 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13408, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 1, 1997. PARCEL C: A PERMANENT AND NONEXCLUSIVE EASEMENT FOR PURPOSES OF PEDESTRIAN INGRESS AND EGRESS AND GENERAL PUBLIC ACCESS IN, OVER, UNDER, ACROSS AND ALONG THAT PORTION OF LOT 1 OF CARLSBAD MINOR SUBDIVISION NO. 97- 03, ACCORDING TO PARCEL MAP THEREOF NO. 17877, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 7, 1997 AS DOCUMENT NO. 1997-0319148 OF OFFICIAL RECORDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; SAID CORNER IS A POINT ON A 621.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHWEST, THE CENTER POINT TO SAID CURVE BEARS SOUTH 74°13'31" WEST, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF ARMADA DRIVE ACCORDING TO MAP THEREOF NO. 13357, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 11, 1996 AS DOCUMENT NO. 1996-0463214 OF OFFICIAL RECORDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THENCE LEAVING SAID RIGHT OF WAY SOUTH 63°50'20" WEST (SOUTH 63°50'30" WEST RECORD MAP NO. 13357) 245.31 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT 1, TO A POINT ALSO BEING THE 1:06/01/99 11:32:01 V: / / : : CF 00 ORDER NO. 1218557-7 SOUTHWESTERLY CORNER OF SAID LOT 1 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 17°59'30" EAST 113.63 FEET ALONG THE WESTERLY LOT LINE OF SAID LOT 1; THENCE NORTH 72°00'30" WEST 42.00 FEET ALONG THE SOUTHERLY LOT LINE OF SAID LOT 1; THENCE LEAVING SAID SOUTHERLY LOT LINE NORTH 17°59'30" EAST 5.00 FEET; THENCE SOUTH 72°00'30" EAST 47.00 FEET; THENCE SOUTH 17°59'30" WEST 113.78 FEET TO A POINT, SAID POINT BEING ON THE SOUTHEASTERLY LOT LINE OF SAID LOT 1; THENCE SOUTH 63°50'20" WEST (SOUTH 63°50'30" WEST RECORD MAP NO. 13357) ALONG SAID SOUTHEASTERLY LOT LINE 6.97 FEET TO THE TRUE POINT OF BEGINNING. PARCEL D: AN EASEMENT FOR ACCESS, PARKING, DRAINAGE AND UTILITIES OVER, ACROSS AND UPON LOT 1 OF PARCEL MAP NO. 17877, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 7, 1997. PAGE 16 ORDER NO. 1218557-7 WIRING INSTRUCTIONS FOR YOUR TRANSACTION THE INSTRUCTIONS PROVIDED BELOW ARE EXCLUSIVELY FOR OUR DEMAND/DRAFT, SUB-ESCROW ACCOUNTS. UNION BANK 530 B STREET SAN DIEGO, CA 92101 ABA# 122000496 CREDIT: FIRST AMERICAN TITLE INSURANCE COMPANY ACCOUNT: 4000135661 PLEASE REFERENCE THE TITLE ORDER NUMBER WITH EACH CLOSING SO THE FUNDS CAN BE HANDLED IN THE MOST EFFICIENT MANNER. PAGE 17 MAP NO. 1371S SHEET 4 OF 5 SHEETS CARLSBAD RANCH HOTEL AND TIMESHARE RESORT \ MAP 133&7 LOT 8 C. T. 96-O1 LINE I D/aCCTON |LI miii'ircmu tamwfmi] Mjroo'io'wu Nirirwr IS H?rOO'30'W L6 NLT'39'JQ'C17 N72'OO'JO'W DISTANCEj.oo-j.00- 31.71'tea'10.31'l.irJJfO' cvmf \ Cl "C3 C4 Clct —fuStUs 1 11.00'7U.OO'721.OO'719.00'11.00' 7IS.OO- LCHcm |»«»/•ts.gr _7.00'a.so-ia.sa- 41.39' KIH ti-ti-29-os'irii' OO-JJ'21'ocr4i'07~if '•(•»'OTU-Jf t cotfMurr or osnoff fw xctss. omovn OTR »CT*f UUMVt USOfM KCOOXO Off Ml lOIf HIHH IHSsvemsm a SUCH nw a cvtar ec normmax, f i>i*-o*f<,ui fuss-otst,ii9mm -ItnJf 12.1: for EASEMENT NOTES: © KH EAilMENT fOK _, AHOMotion UK eoc, WT- 04001*3 f£C. AUGUST«wr op&umus SOUHD. AntsMceAHD MXHT/OU PCX DOC. O37-ncot94 nec. MJSUST 13. nan. ruai/cUTILITIES, IHVttSS AMD BSK3S PCX OX. 03a-0/3t097 KSC. MOKH 0.096. g) ANtASeulNT fOK CteiS TV PERDOC. isaa-iHziaef «£c~9.1930. ® AN tASWefJT fOK PARK/MI AHDiN<uts.3S AMO fl£C. JULY 14 1337. H> AN E4SeM£NT FOX fU&t/C UT/t/TfeS,WGKESS AHD EGMSS PER DOC.isse-Of3Boaa Kec. MAKCHIS. /sae. © AN eAsetaeNT WTHIH PIPEUUES,AHD EGRESS fBf OOC.nee.. HAY IB. nut. AK>V£TeD f DOCUMENTS. GEHEXAL. PUBLIC AKCSSAHD INSftESS ANDEO#£SSDOC. O97-o&sse/o neayraED oec. S3. 1997 AHD fejf DOC..aec. JULY © 1998 O'DAY CONSULTANTS. INC.CAUFORNIA COORDINATE INDEX NUMBER 346-1671 CMWD PROJ.f 96-509 AMIERICAN LAND TITLE ASSOCIATION LOAN WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears In the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date ol Policy'(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under constmction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims-or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY • 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company, not recorded in the public records at Date ol Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien ol the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable 'doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien ol the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or uuth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien lor services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the Issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land Is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning It, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically escribed ami referred to in Item 3 of Schedule A, or • In streets, alleys, or waterways that touch your land COASTAL ZONE OCCUPANT LIST 211-100-06 VACANT LAND 211-022-21 OPEN SPACE / VACANT LAND 211-022-20 OCCUPANT 5790 ARMADA DRIVE, CARLSBAD, CA 92008 211-100-04 VACANT LAND TRfl OCCUPANT OCCUPANT 5790 ARMADA DRIVE 5790 ARMADA DRIVE CARLSBAD, CA 92008 CARLSBAD, CA 92008 enenen ru 10 CDo I D5 i5? o. y> i survey or me idnuYCVJ should not rely upon it for - y -vjrpose ether th?n orientation ro rh:• general beetle-; , r: '.'.~^ parcel 3r parcel depicted. Title expressly disclaims any liability for alleged loss or damage, which ma\ result fror*- reliance upon this man " DETAIL "A" - 1"=1QQ' SAN DIEGO COUNTY ASSESSOR'S MAP 211 — 02 SHT 1 OF 2 1" = 400' 2/22/99 LM flOTir 02/24/94 BtcAP Fran: 211-021 CHANGES BUC 021 022 022 022 021 022 021 022 PRIOR MV 04 01.02.07 THRU 09 ttS\ 03 Jk 17 10.1HC16 USE PARCEL 12 13 i 19 22 23 i 24 tftflfH -023-07 17 1HKU 21 22 PORK JO JONOT 23*24 25* 26 [ SAME*STOP 27. ?8*2S tK 34 37 S3 SB }gg 99 39 cur na totat 49 1151 2 1434 4658 184 DETAIL "D" - 1" = 4Q' AD 1 ~*~71 Q _ ^ADI CD AH DA MA^LJ LJ^TT-I A k.ir> T-TI <r-r-.i 211 — 10 1" = 400' CHANGES BtX ICO PSKRAm\KWWH 01 JHRU 12 m !S8 ar«t 2 1« PRIVATE ST 2« ROCKEFELLER CT DETAIL "A" - SCALE 1"=5Q' MAP 13408- CARLSBAD TCT 94-09 CARLSRAD RANirM IIMTTC: SEP-24-99 FRI 09:29 A P.03 I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER <^£^W rfaci&c rktiSAP^^ ,LLC CAP APPLICANXOR APPLICANT'S REPRESENTATIVE BY- E: RECEIVED BY DATE: PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: APPLICANT NAME: Please describe fully the proposed project. 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. Our installation consists of installing three sectors of antennas with two antennas per sector. Two of the sectors will be located within an existing cupola at the northwest area of the existing development. One of the sectors will be located on the face of the cupola. The related radio and power equipment will be located in the parking garage. This equipment is specifically used for the transmission and r ception of voice and data information carried over a wireless communication system. r^ro.Order No. 232313 Escrow No. SD-377-03 GUARDIAN TITLE COMPANY 1660 Hotel Circle North, Suite 321 San Diego, CA 92108 (619) 574-5985 FAX (619) 294-3298 Pacific Bell Mobile Services 6170 Cornerstone Court #180 San Diego, California 92121 ATTN: Rod DATED: May 14, 1999 at 7:30 A.M. In response to the above referenced application for a policy of title insurance, GUARDIAN TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder of Commitment should be requested. Guardian Title Company is authorized to issued the title insurance policies of First American Title Insurance Company. The form of policy of title insurance contemplated by this report is: CLTA Standard Coverage Policy GUARDIAN TITLE COMPANY Michael Valeri. Title Officer Lorraine Mann, Operations Manager (619)574-5985 rNo.Order No. 232313 Escrow No. SD-377-03 SCHEDULE B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in the policy form designated on the face page of this report would be as follows: 1. General and special taxes, including any assessments collected with taxes, to be levied for the fiscal year 1999 to 2000, which are a lien not yet payable. General and special taxes for the fiscal year 1998 to 1999 have been PAID, including personal property taxes, if any: Area code: 09013 Parcel No.: 209-081-19-00 Land value: $260,882.00 Improvements: $ 0.00 Homeowners' Exemption: $ 0.00 First Installment: $2,925.02 Second Installment: $2,925.02 The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq., of the Revenue and Taxation Code of the State of California. Supplemental taxes for the fiscal year 1997 to 1998 have been PAID. The following amounts are shown for proration purposes only: Parcel No.: 879-484-17-87 1st Installment: $1,503.79 2nd Installment $1,503.79 Supplemental taxes for the fiscal year 1998 to 1999 have been PAID. The following amounts are shown for proration purposes only: Parcel No.: 889-484-17-78 1st Installment: $5,978.14 2nd Installment $5,978.14 Supplemental taxes assessed pursuant to the provisions of Section 75, et seq., of the Revenue and Taxation Code of the State of California: Supplemental Parcel No: 889-574-93-38 1st Installment: $3,437.47 NOT PAID Orderm 232313 Escrow No. SD-377-03 Penalty: $ 343.74 due after June 30, 1999 2nd Installment: $3,437.47 NOT PAID Penalty: $353.74 due after November 1, 1999 2. The following exception will be shown on a lender's policy of title insurance, if any, issued in connection with this transaction: Water rights, claims or title to water, whether or not shown by the public records. 3. A document subject to all the terms, provisions and conditions therein contained Entitled: Hold Harmless Agreement - Drainage Dated: March 15, 1982 Executed by: THE CITY OF CARLSBAD Recorded: March 29, 1982 as File No. 82-083 817 of Official Records 4. The matters set forth in the document shown below which, among other things, contains or provides for: certain easements; liens and the subordination thereof; provisions relating to partition; restrictions on severability of component parts; and covenants, conditions and restrictions (deleting any restrictions based on race, color or creed). Recorded: October 11, 1985 as File No. 85-378668 of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat nor render invalid the lien of any mortgage or deed of trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which are stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value. 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: THE SAN DIEGO GAS AND ELECTRIC COMPANY Purpose: Underground facilities and appurtenances for the transmission and distribution of electricity, pipelines and communication facilities and the right of ingress and egress Recorded: June 11, 1986 as File No. 86-233717 of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said instrument. Order No. 232313 Escrow No. SD-377-03 6. Any assessments or liens which may be levied by virtue of the feet that the subject property lies within the Community Facilities District No. 1, recorded May 20, 1991 as File No. 1991-0236959 of Official Records. 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: HUNSAKER DEVELOPMENT COMPANY, LLC Purpose: Right of way for access, ingress and egress Recorded: July 28, 1997 as File No. 1997-0358332 of Official Records Affects: Beginning at the Southeasterly corner of said Lot 19; thence along the Southeasterly line thereof North 89 Degrees 51 Minutes 40 Seconds West, 83.59 feet; thence North 60 Degrees 17 Minutes 17 Seconds East, 72.50 feet to the property line of said Lot 19, said line being also the Southwesterly line of Loker Avenue; thence along the Northeasterly line of said Lot 19, South 29 Degrees 42 Minutes 43 Seconds East, 41.61 feet to the True Point of Beginning. 8. An agreement dated September 2, 1998, by and between CIP LIMITED L.P., a California limited partnership, and THE CITY OF CARLSBAD, regarding an Encroachment Agreement, upon the terms, covenants, conditions, and provisions contained therein, recorded November 6, 1998 as File No. 1998-0726367 of Official Records. 9. The Leasehold Interest of ASYMPTOTIC TECHNOLOGIES, INC., dba ASYMTEK, as disclosed by a Subordination, Non-Disturbance and Attornment Agreement, wherein the above Leasehold Interest is Subordinate to the Deed of Trust, recorded December 30, 1998 as File No. 1998-0860830 of Official Records, all as contained within said Subordination Agreement, recorded December 30, 1998 as File No. 1998-0860832 of Official Records. 10. An Assignment of Rents and Leases dated December 30, 1998, as additional security for the Deed of Trust recorded December 30, 1998 as File No. 1998-0860830 of Official Records, executed by CARLSBAD OAKS LIMITED L.P., a California limited partnership, to STATE FARM LIFE INSURANCE COMPANY, an Illinois corporation, and recorded December 30, 1998 as File No. 1998-0860831 of Official Records. 11. A deed of trust to secure an indebtedness in the amount shown below: Dated: December 30, 1998 Amount: $2,000,000.00 Recorded: December 30, 1998 as File No. 1998-0860830 of Official Records Trustor: CARLSBAD OAKS LIMITED L.P., a California limited partnership Trustee: FIRST AMERICAN TITLE INSURANCE COMPANY Beneficiary: STATE FARM LIFE INSURANCE COMPANY, an Illinois corporation erNoOrder No. 232313 Escrow No. SD-377-03 12. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by inquiry of the parties in possession thereof Note No. 1: Copies of recorded documents referred to hi this report will be provided, upon request, at a nominal charge. Note No. 2: Before issuing its policy of title insurance, this Company will require evidence, satisfactory to the Company, that the vestee corporation named herein: (a) was duly incorporated on the date of acquisition of title hereinafter set forth and (b) is now of good standing in the state where it was formed Date of Acquisition: March 12, 1998 Note No. 3: The premium for a policy of title insurance, if issued, will be based on the short term rate. Note No. 4: None of the items shown in this report will cause the Company to decline to attach CLTA endorsement Form 100 to the ALTA Loan Policy, when issued. Said land is also known as: A SINGLE FAMILY DWELLING Property Address: 2747 WEST LOKER AVENUE, CARLSBAD, CALIFORNIA Note No. 5: The following is furnished for information only: The only conveyances affecting said land recorded within six (6) months of the date of this report are as follows: NONE Note No. 6: If a 1970 ALTA Lender's policy form has been requested, the policy, when approved for issuance, will be endorsed to add the following to the Exclusions From Coverage contained therein: Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of Federal Bankruptcy, State Insolvency, or Creditor's Rights Laws. Note No. 7: If This Company is requested to disburse funds in connection with this transaction, Assembly Bill 512 (Chapter 598, Statutes of 1989) mandates hold periods for checks deposited to escrow or sub-escrow accounts. The mandatory hold period for cashier's checks, certified checks and teller's checks is one business day. Other checks require a hold period from three to seven business days after the day deposited. ;rNo.Order m. 232313 Escrow No. SD-377-03 The persons who are parties to the transaction to which this title insurance policy relates (the "Principals") each agree, understand and acknowledge that Guardian Title Company ("Guardian") is also acting as an escrow holder in connection with this transaction and is not acting as a trustee or in any other fiduciary capacity. Guardian's duties shall be limited to safekeeping of such money and documents received by it as escrow holder, and for the disposition of such money and documents in accordance with the written instructions accepted by it as an escrow holder. All funds received by Guardian as escrow holder shall be deposited to an account (the "Escrow Account") with a state or federal bank (the "Depository"). Guardian may also deposit escrow funds for other customers for unrelated transactions to the Escrow Account. UNLESS OTHERWISE AGREED IN WRITING, EACH OF THE PRINCIPALS AGREES, UNDERSTANDS AND ACKNOWLEDGES THAT: THE ESCROW ACCOUNT IS NON- INTEREST-BEARING; NO FINANCIAL OR OTHER BENEFITS WELL BE EARNED BY OR PROVIDED TO ANY OF THE PRINCIPALS WITH RESPECT TO SUCH FUNDS; AND GUARDIAN AND ITS AFFILIATES MAY INSTEAD RECEIVE DIRECT AND INDIRECT FINANCIAL AND OTHER BENEFITS FROM THE DEPOSITORY WITH RESPECT TO SUCH FUNDS. THESE BENEFITS SHALL BE TREATED AS ADDITIONAL COMPENSATION TO GUARDIAN FOR ITS SERVICES AS AN ESCROW HOLDER IN THIS TRANSACTION. Only cash or wired funds can be given immediate availability upon deposit. All other funds such as personal, corporate or partnership checks and drafts may cause material delays in disbursement of funds on this order. In order to avoid delays, all funds should be wire transferred. Outgoing wire transfers will not be authorized until confirmation of the respective incoming wire transfer or availability of deposited checks. NOTE: IF YOU INTEND TO WIRE FUNDS TO GUARDIAN TITLE COMPANY, PLEASE CALL OUR OFFICE AND SEND THE FUNDS TO: IMPERIAL BANK 2015 MANHATTAN BEACH REDONDO BEACH, CA 90278 San Diego County Trust Account #31006864 ABA Routing No. 122201444 PLEASE REFERENCE OUR ORDER NUMBER AND THE TITLE OFFICER'S NAME. MRV AH I This plat fa for your aid ia locating vouriutd with reference to itreets sod otb-r p,jj. \Vhi!e this plat b believed to be cor- rect, the Costptnjr USUDMS no Habflity fonng by remMo of re&ance tfaereoi ;rNo.OrderWo. 232313 Escrow No. SD-377-03 EXHIBIT "A" PARCEL A: Lot 19 of CARLSBAD TRACT NO. 74-21, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 10372, filed in the Office of the County Recorder of San Diego County, April 13, 1982. PARCELS: An easement being a portion of Lot 18 of CARLSBAD TRACT NO. 74-21, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 10372, filed in the Office of the County Recorder of San Diego County, April 13, 1982, described as follows: Beginning at the Northeasterly corner of said Lot 18; thence along the Northwesterly line thereof North 89 Degrees 51 Minutes 40 Seconds West, 13.27 feet to the True Point of Beginning; thence North 89 Degrees 51 Minutes 40 Seconds West, 83.59 feet; thence South 29 Degrees 42 Minutes 43 Seconds East, 41.61 feet; thence North 60 Degrees 17 Minutes 17 Seconds East, 72.50 feet to the True Point of Beginning. erNo.Order No. 232313 Escrow No. SD-377-03 SCHEDULE A 1. The estate or interest in the land described or referred to in this Schedule covered by this report is: A FEE as to Parcel(s) A THE EASEMENT more particularly described as Parcel(s) B 2. Title to said estate or interest as of the date hereof is vested in: CARLSBAD OAKS LIMITED L.P., a California limited partnership 3. The land referred to in this report is situated in the County of San Diego, State of California, and is described in Exhibit "A": ******************** * Acxiom/DataQuick Systems Report ** * * San Diego * ********************************************** Prepared for: The City of Carlsbad 600' Radius Provided by: First American Title 411 Ivy Street San Diego, CA 92101 Account Rep: Chris Baker Prepared by: Carrie Vandever r*****************************************************************: * Farms - 6 line : records 1 to 11* * Search Criteria * Parcel Number 21102220, 21102221, 21102226, 21102227, 21102229, * 21104036, 21110004..21110006, 21110009, 21110010* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 11 matching properties were found Tue Jun 15 13:53:48 1999 ******************************************************************************* ** This information is sourced from public documents and is not guaranteed ** The following report was processed using the above parameters and was provided by Chris Baker of First American Title Page 1 1 ) Prcl:211-022-20 Site:5790 ARMADA DR*CARLSBAD CA 92008 Ownr:NATZONAL ASSN OF MUSI MailiPO BOX 2329*RANCHO SANTA FE CA 92067 Use:l-3 ST OFF/STOR Zn:C Xmpt: Sale:$1,720,620F Date: 07/07/95 Doc:290419 Yb: Sqft: Asd:$5,258,806 Imp:65% Un:l Ph: Rms: Beds: Bths: Lotsz:4.04 A Tract:00000001 Lt:8 Lender: First Loan: Loan/Rate Type: 2 ) Prcl:211-022-21 Site:ARMADA DR*CARLSBAD CA Ownr:C B RANCH ENTERPRISES Mail:5600 AVENIDA ENCINAS 106*CARLSBAD CA 92008 Use:OPEN SPACE ESMN Zn:S Xmpt: Sale: Date: 09/18/96 Doc:475734 Yb: Sqft: Asd:$261,715 Imp:0% Un:1 Ph: Rms: Beds: Bths: Lotsz:53.80 A Tract:00000001 Lt:1 Lender: First Loan: Loan/Rate Type: 3 ) Prcl:211-022-26 Site:ARMANDA DR*CARLSBAD CA Ownr:LAKEVIEW ASSOCIATES I Mail:5900 PASTEUR CT*CARLSBAD CA 92008 Use:LIGHT MANUFACT Zn:M Xmpt: Sale:$15,OOOF Date: 04/26/99+ Doc:277266 Yb:1999 Sqft:81,712 Asd:$4,457,000 Imp:44% Un:1 Ph: Rms: Beds: Bths: Lotsz:4.70 A Tract:00000001 Lt:7 Lender: SELLER First Loan: $13,941 Loan/Rate Type: /FIX 4 ) Prcl:211-022-27 - Site: Ownr:CARLSBAD RANCH COMPAN Mail:5600 AVENIDA ENCINAS 100*CARLSBAD CA 92008 Use: Zn: Xmpt: Sale: Date: 03/05/99+ Doc:141894 Yb: Sqft: Asd: Imp:0% Un: Ph: Rms: Beds: Bths: Lotsz: Tract:00000000 Lt: Lender: First Loan: Loan/Rate Type: 5 ) Prcl:211-022-29-0 Site: Ownr:ANACKER,CHARLES D & J Mail:5900 PASTEUR CT 200*CARLSBAD CA 92008 Use: Zn: Xmpt: Sale:$11,500F Date: 04/26/99+ Doc:277198 Yb: Sqft: Asd: Imp:0% Un: Ph: Rms: Beds: Bths: Lotsz: Tract:00000000 Lt: Lender: SELLER First Loan: $10,791 Loan/Rate Type: /FIX 6 ) Prcl:211-040-36 Site:951 PALOMAR AIRPORT RD*CARLSBAD CA 92009 Ownr:PRICE CO THE Mail:999 LAKE DR*ISSAQUAH WA 98027 Use:1-3 ST OFF/STOR Zn:M Xmpt: Sale: Date: 10/23/93 Doc:903201 Yb:1992 Sqft:99,999 Asd:$10,943,633 Imp:53% Un:1 Ph: Rms: Beds: Bths: Lotsz:20.27 A Tract:OOOOOPM1 Lt:H Lender: First Loan: Loan/Rate Type: 7 ) Prcl:211-100-04 Site:FLEET ST*CARLSBAD CA Ownr:PALOMAR CANNON PARTNE Mail:5522 LOCKHAVEN DR*BUENA PARK CA 90621 Use: VACANT LAND-IND Zn-.M Xmpt: Sale: $1, 981, 111F Date: 12/29/97 Doc:662288 Yb: Sqft: Asd:$1,981,000 Imp:0% Un: Ph: Rms: Beds: Bths: Lotsz:3.79 A Tract:00000001 Lt:12 Lender: First Loan: Loan/Rate Type: 8 ) Prcl:211-100-05 Site: Ownr:UNKNOWN Mail: Use: Zn: Xmpt: Sale:$3,857,675F Date: 09/23/97+ DOC-.468038 Yb: Sqf t: Asd: Imp:0% Un: Ph: Rms: Beds: Bths: Lotsz: Tract:00000000 Lt: Lender: First Loan: Loan/Rate Type: THE ABOVE INFORMATION IS SOURCED FROM PUBLIC DOCUMENTS AND IS NOT GUARANTEED Copyright (C) 1998 Acxiom Corporation Page 2 9 ) Prcl=211-100-06 Site:FLEET ST*CARLSBAD CA Ownr:15 CARLSBAD RANCH LLC Mail:619 S VULCAN AVE*ENCINITAS CA 92024 Use:VACANT LAND-IND Zn:M Xmpt: Sale: Date: 01/21/99 Doc:33167 Yb: Sqft: Asd:$547,582 Imp:0% Un: Ph: Rms: Beds: Bths: Lotsz:3.45 A Tract:00000001 Lt:15 Lender: SAN DIEGO NAT BK First Loan: $887,500 Loan/Rate Type: CST/FIX 10 ) Prcl:211-100-09 Site:HIDDEN VALLEY RD*CARLSBAD CA Ownr:LEGOLAND CARLSBAD INC Mail:5600 AVENIDA ENCINAS 130*CARLSBAD CA 92008 Use:VACANT COMMERCL Zn:C Xmpt: Sale: Date: 04/16/97 Doc:175999 Yb: Sqft: Asd:$7,252,339 Imp:0% Un: Ph: Rms: Beds: Bths: Lotsz:132.11 Tract:00000001 Lt:18 Lender: First Loan: Loan/Rate Type: 11 ) Prcl:211-100-10 Site:FLEET ST*CARLSBAD CA Ownr:CARLSBAD RANCH MAINTE Mail:5600 AVENIDA ENCINAS 130*CARLSBAD CA 92008 Use: Zn:C Xmpt: Sale:$Q Date: 08/04/98 Doc:488957 Yb: Sqft: Asd: Imp:0% Un: Ph: Rms: Beds: Bths: Lotsz:1.97 A Tract:00000001 Lt:13 Lender: First Loan: Loan/Rate Type: THE ABOVE INFORMATION IS SOURCED FROM PUBLIC DOCUMENTS AND IS NOT GUARANTEED Copyright (C) 1998 Acxiom Corporation First Owner Name Situs Address Phone Parcel Num Page 1 Ref # 15 CARLSBAD RANCH FLEET ST*CARLSBAD CA ANACKER,CHARLES D C B RANCH ENTERPR ARMADA DR*CARLSBAD C CARLSBAD RANCH CO CARLSBAD RANCH MA FLEET ST*CARLSBAD CA LAKEVIEW ASSOCIAT ARMANDA DR*CARLSBAD LEGOLAND CARLSBAD HIDDEN VALLEY RD*CAR NATIONAL ASSN OF 5790 ARMADA DR*CARLS PALOMAR CANNON PA FLEET ST*CARLSBAD CA PRICE CO THE 951 PALOMAR AIRPORT UNKNOWN 211-100-06 211-022-29-0 211-022-21 211-022-27 211-100-10 211-022-26 211-100-09 211-022-20 211-100-04 211-040-36 211-100-05 9 5 2 4 11 3 10 1 7 6 Copyright (C) 1998 Acxiom Corporation * * * r********************* Acxiom/DataQuick Systems Report * * San Diego * :******************* Prepared for: The City of Carlsbad 600' Radius Owners Provided by: First American Title 411 Ivy Street San Diego, CA 92101 Account Rep: Chris'Baker Prepared by: Carrie Vandever Search Criteria Parcel Number 21102220, 21102221, 21104036, 21110004 ************************************ * Labels - 3 up copiable : records 1* * * * * * * * * * * * * * * * to 11 Total 2 Sets printed 21102226, 21102227, 21102229, .21110006, 21110009, 21110010 *********************** * * * * * * * * * * * * * * * * * * * * • matching properties were found Tue Jun 15 * 13:54:22 1999 * r***************** ** This information is sourced from public documents and is not guaranteed The following report was processed using the above parameters and was provided by Chris Baker ~ of First American Title * * NATIONAL ASSN OF MUSIC PO BOX 2329 RANCHO SANTA 92067-2329 C B RANCH ENTERPRISES 5600 AVENIDA ENCINAS 10 CARLSBAD CA 92008-4452 LAKEVIEW ASSOCIATES INC 5900 PASTEUR CT CARLSBAD CA 92008 CARLSBAD RANCH COMPANY 5600 AVENIDA ENCINAS 10 CARLSBAD CA 92008 CHARLES D ANACKER 5900 PASTEUR CT 200 CARLSBAD CA 92008 PRICE CO THE 999 LAKE DR ISSAQUAH WA 98027-5366 PALOMAR CANNON PARTNERS 5522 LOCKHAVEN DR BUENA PARK CA 90621-1540 15 CARLSBAD RANCH LLC 619 S VULCAN AVE ENCINITAS CA 92024-3634 LEGOLAND CARLSBAD INC 5600 AVENIDA ENCINAS 13 CARLSBAD CA 92008-4455 CARLSBAD RANCH MAINTENA 5600 AVENIDA ENCINAS 13 CARLSBAD CA 92008-4455 *** 10 Printed *** survey or me ianaVc'j should not rely upon it for pose cthar their, captation ro th--j general beetle -- . f .!~,o parcel or parce1*? depicted. ri .' .• »*ie '^an Title expressly disclaims any liability for alleged loss or damage., which ma\ result fro*"' rel'3^ce upon this men DETAIL "A" - 1"=1QO' DETAIL C" - 1 =40' i_Rsj534_PALOMAR AIRP SAN DIEGO COUNTY ASSESSOR'S MAP 211 — 02 SHT 1 OF 2 1" = 400' 2/22/99 LM flnmm.- 02/24/94 BfAP Fran: 211-021c BU< 021 022 022 022 021 022 021 022 H.A PXIORAPH 04 01.02.07 nm 09*75 03tl7 10,11*16 USE PARCEL 12 18 i 19 22 23* 24 JS1G NEWfPN -023-07 17 THRU 21 22 PCRPC 10 JONOT 23 i 24 \ 25 A X SAUC t STOP 27. 28*29 •k w 94 97 98 98 98 99 99 ^CUTNd 10021 49 1151 2 1434 4658 184 DETAIL "D" - 1"=40' MAP 13719-CARLSBAD RANCH HOTEL AND TIMESHARE RESORT CT 96-01 enen CO •sr •mfsstr Jm&~t 7 211 — 10 1" = 400' OmKOS/Il/97 BfRJO fmnu lll-Oa DETAIL "A" - SCALE 1"=»5Q' CHANGESaur too PttKXAfH HfVAPH Ot JHKV 12 IK IS9S atrm 2 1« PRIVATE ST 2- ROCKEFELLER CT SHT 2 MAP 13408-CARLSBAD TCT 94-09 CARLSBAD RANCH UNITS 2 & 3 * - z/75 -S 5*99 1 N THIS MAP WAS PREPARED FCfl ASSESS^ PWOSE5 QW NO. LWBirrY_BCY CF THE DATA SHOWN. ASSESSOR 5 PARCELSLOCAL IJSOIVSDN GO BUILDING ORDNANCES. I* OPEN SPACE R=24O 49.35 ^ R=26O 63.28 ^ R=2325 88.68 Or- N87'50'34*E 109.17 ^ R=2I75 ^ R- 117.50 ^ R=2!75 ^ R=II7.5O ^H= 27.50 PALQMAR AIRPOR 39 99 31.77 50.59 37 96 21.71 I ZOO K-S87*5230*E 38.2O L-S43*I3*16*E 21.67 M-NOl"59'52"E 34.76 survey v 400' 2/23/98 SM CHANGES BLK 04o * OLD! NEW / — Q2o "2<- - OZ<J- 4--) l£f 3 7 4*4 J" 5/// 5 ti^LL214- Ho^- 1A . /o J6 2ZtZ3 19 13 k^/e ^. 3 ^•7- tf^ •4- 753 loJfll A£U^[ K'-^ 6f $3 JZ-14. •*e*tt.r/S-'S ' J4.-/8 /9'2o 2/-2G 27 Z8J29 fc.07oto. !«a-»uM°*" ,-B|uC*i. »,?//z [3^-33 30 14 35 37 341&5 PG 9 36437 POR -050-19 YR 7/ 73 "3 7.7 /^r^ 74- 7^ I75 i> 75 7<f> 73 82 3(o 8(0 89 ?2^> 97 98 98 | CUT S93/ (oi 4; ^/^3 ZS37 zii4 57B 5390 3ZS>2 3£0S 4/32 3I&5 735 245S 14-73 !?&> A-TZrZ. iO(,& I&*J 96 1795 1876 or parcels c'epicred Title expre's'y G;;-.:; for alleged loss o-r result from re!^"1"; r-tion parcel leri ~an icbility • h may MAP 823 - RHO AGUA HEDIONDA - POR LOT H the global leader IN TELECOM OUTSOURCING oci 25 STY OF CA; October 24, 1999 ENGINEERING EXHIBIT HUMAN EXPOSURE TO RADIOFREQUENCY ELECTROMAGNETIC FILEDS AT&T Wireless Services, Incorporated Site ID (SD039B) San Diego County, California INTRODUCTION OF ENGINEERING CONSULTANT I, Dr. Chi Nche, am a principal engineer with WFI. I am familiar with the guidelines for radio frequency (RF) exposure to humans as adopted by the FCC and I have performed the calculations and analysis presented herein. This exhibit has been prepared for AT&T Wireless Services, Incorporated (hereafter AT&T Wireless) for the purpose of addressing public exposure to RF emissions from a new proposed Personal Communications Services (PCS) transmitting facility in San Diego County, California. PROPOSED FACILITY The proposed site is located at 5805 Armada Drive in the city of Carlsbad. Communication antennas will be mounted on the roof of an existing building, The radiation center of the antennas is 39.6 feet above ground level. The worst case location for RF exposure is the balcony that is about 6 feet directly below the antennas. A total of 12 antennas will be utilized for the three sectors. Each sector shall be configured with two transmit and two receive antennas. The proposed antenna is an Allgon model 720001 antenna having a gain of 16 dBd. Each sector will have a maximum of 9 radio channels. Each radio channel radiates a maximum effective radiated power (ERP) of 120 W. Therefore, when the system is fully loaded, this wireless communication site will have a maximum of 27 (3x9) radio channels. Under worst case conditions of full buildout and maximum simultaneous ERP of 120 watts per channel, the total peak power output would be 1080 watts from each sector. Transmission will be in the D band, 1965-1970 MHz. BACKGROUND FOR RF ENERGY PROPAGATION RF radiation is one of several forms of electromagnetic radiation. The movement of charge in a transmitter radio antenna creates electromagnetic waves that radiate away from the antenna and can be picked up by a receiving antenna. Radiated power rapidly decreases as the distance from the source increases according to what is known as the inverse square law. For example doubling the distance from the source will cause the power level to drop to a fourth of the original level. Hence, at a distance of four feet the power density is one quarter that measured at two feet. The 9805 Scranton Road. Suite 100. San Diego. CA 92126. Tel: 619 824 2929. Fax: 619 824 2928. the global leader IN TELECOM OUTSOURCING power measured at some distance from the source is termed power density and is measured in watts per unit area. It has been known that high intensities of RF radiation can be harmful due to its ability to heat biological tissue (the principle by which microwave ovens work). In 1996, the FCC adopted new guidelines for evaluating human exposure to RF fields from fixed transmission antennas such as those proposed for this facility. According to Section 1.1310 of the FCC rules, levels of radiation for PCS licensees established by the National Council on Radiation Protection and Measurements (NCRP) must be adhered to. The subsequent analysis demonstrates that the proposed AT&T Wireless facility will comply with the maximum permissible exposure (MPE) limits specified by the FCC rules. MPE per Section 1.1310 is one milliwatt per square centimeter (1.0mW/cm2) maximum. BACKGROUND FOR CALCULATIONS Figure 1 illustrates a typical antenna setup. In order to calculate the power density illuminating a person at the reference point (Figure 1), the shortest possible distance to the reference point must be calculated. For the purpose of this study, the height of the subject is assumed to be 6.56 feet (2 m). The power density calculations are made under the assumption that the subject starts at the base of the antenna structure and walks away from the base over a flat plane. The power density is then computed using the calculated shortest distance to the subject and the effective radiated power radiated towards the subject. In the computations, the vertical antenna pattern is considered. Results The results are presented in Table I. The maximum percentage MPE for the general population/uncontrolled exposure is 3.6 % on the balcony (0.9 foot away). At ground level, the values are expected to be even smaller. CONCLUSION As shown in Table 1, human exposures to RF emissions from the facility proposed by AT&T Wireless at this site -will be well below the MPE limit for the general population/uncontrolled exposure in all areas accessible to the public. Thus emissions from this site should pose no hazard to the general public. In addition, installation guidelines are being recommended to AT&T Wireless together with site specific safety procedures and recommendations. These will further ensure that the general public will not be exposed to RF levels in excess of the FCC limits. 9805 Scranton Road, Suite 100. San Diego. CA 92126. Tel: 619 824 2929. Fax: 619 824 2928. the global leader IN TELECOM OUTSOURCING I certify that under penalty of perjury that the foregoing is true and correct. Executed on the 15 day of July 1999. Chi Nche, PhD Height of Aperture 1 -Antenna BS Heightto center of radiation Shortest distance Subject Ground or Roof Surface Figure 1. Typical antenna setup showing the important computational parameters. 9805 Scranton Road. Suite 100. San Dieeo. CA 92126. Tel: 619 824 2929. Fax: 619 824 2928. the giobai leader IN TELECOM OUTSOURCING Table I. Power Density Results for Site SD039B Distance from subject to point directly below nearest antenna (ft) 0.656 0.6561 0.7 0.8 0.9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 25 30 35 40 45 50 100 200 300 400 500 600 700 800 900 1000 1200 1400 1600 1800 2000 Angle Below Horizon (deg) 82.67 82.67 82.18 81.09 79.99 78.91 68.59 59.53 51.89 45.57 40.36 36.08 32.52 29.54 27.02 24.87 23.03 21.42 20.02 18.78 17.68 16.70 15.82 15.03 14.31 11.53 9.65 8.29 7.27 6.47 5.82 2.92 1.46 0.97 0.73 0.58 0.49 0.42 0.37 0.32 0.29 0.24 0.21 0.18 0.16 0.15 Incident ERP (dBd) with 2 transmitters on -10.90 -10.90 -10.50 -10.30 -10.00 -10.10 -11.30 -17.60 -20.90 -8.00 -10.00 -13.40 -6.90 -4.70 -2.90 -4.50 -6.00 -3.50 -4.90 -9.60 -10.20 -3.80 -0.70 -0.20 -1.90 -2.40 2.40 -0.80 2.30 7.90 7.90 15.70 15.40 15.40 15.40 15.40 13.90 13.90 13.90 13.90 13.90 13.90 13.90 13.90 13.90 13.90 Incident Power Density (^W/cm2) 29.99 29.99 32.81 34.16 36.38 35.30 24.10 4.84 1.89 30.31 15.73 5.94 22.13 30.89 39.71 23.55 14.41 22.35 14.22 4.26 3.30 12.91 23.72 24.07 14.79 8.62 18.31 6.49 10.19 29.33 23.81 28.30 8.45 3.76 2.11 1.35 0.67 0.49 0.37 0.30 0.24 0.17 0.12 0.09 0.07 0.06 % of FCC Standard 3.00 3.00 3.28 3.42 3.64 3.53 2.41 0.48 0.19 3.03 1.57 0.59 2.21 3.09 3.97 2.35 1.44 2.23 1.42 0.43 0.33 1.29 2.37 2.41 1.48 0.86 1.83 0.65 1.02 2.93 2.38 2.83 0.85 0.38 0.21 0.14 0.07 0.05 0.04 0.03 0.02 0.02 0.01 0.01 0.01 0.01 9805 Scranton Road, Suite 100. San Diego. CA 92126. Tel: 619 824 2929. Fax: 619 824 2928. the global leader IN TELECOM OUTSOURCING OCT 2S October 24, 1999 ENGINEERING EXHIBIT HUMAN EXPOSURE TO RADIOFREQUENCY ELECTROMAGNETIC FILEDS AT&T Wireless Services, Incorporated Site ID (SD039B) San Diego County, California INTRODUCTION OF ENGINEERING CONSULTANT I, Dr. Chi Nche, am a principal engineer with WFI. I am familiar with the guidelines for radio frequency (RF) exposure to humans as adopted by the FCC and I have performed the calculations and analysis presented herein. This exhibit has been prepared for AT&T Wireless Services, Incorporated (hereafter AT&T Wireless) for the purpose of addressing public exposure to RF emissions from a new proposed Personal Communications Services (PCS) transmitting facility in San Diego County, California. PROPOSED FACILITY The proposed site is located at 5805 Armada Drive in the city of Carlsbad. Communication antennas will be mounted on the roof of an existing building, The radiation center of the antennas is 39.6 feet above ground level. The worst case location for RF exposure is the balcony that is about 6 feet directly below the antennas. A total of 12 antennas will be utilized for the three sectors. Each sector shall be configured with two transmit and two receive antennas. The proposed antenna is an Allgon model 720001 antenna having a gain of 16 dBd. Each sector will have a maximum of 9 radio channels. Each radio channel radiates a maximum effective radiated power (ERP) of 120 W. Therefore, when the system is fully loaded, this wireless communication site will have a maximum of 27 (3x9) radio channels. Under worst case conditions of full buildout and maximum simultaneous ERP of 120 watts per channel, the total peak power output would be 1080 watts from each sector. Transmission will be in the D band, 1965-1970 MHz. BACKGROUND FOR RF ENERGY PROPAGATION RF radiation is one of several forms of electromagnetic radiation. The movement of charge in a transmitter radio antenna creates electromagnetic waves that radiate away from the antenna and can be picked up by a receiving antenna. Radiated power rapidly decreases as the distance from the source increases according to what is known as the inverse square law. For example doubling the distance from the source will cause the power level to drop to a fourth of the original level. Hence, at a distance of four feet the power density is one quarter that measured at two feet. The 9805 Scranton Road, Suite 100. San Diego. CA 92126. Tel: 619 824 2929. Fax: 619 824 2928. wthe global leader IN TELECOM OUTSOURCING power measured at some distance from the source is termed power density and is measured in watts per unit area. It has been known that high intensities of RF radiation can be harmful due to its ability to heat biological tissue (the principle by which microwave ovens work). In 1996, the FCC adopted new guidelines for evaluating human exposure to RF fields from fixed transmission antennas such as those proposed for this facility. According to Section 1.1310 of the FCC rules, levels of radiation for PCS licensees established by the National Council on Radiation Protection and Measurements (NCRP) must be adhered to. The subsequent analysis demonstrates that the proposed AT&T Wireless facility will comply with the maximum permissible exposure (MPE) limits specified by the FCC rules. MPE per Section 1.1310 is one milliwatt per square centimeter (1.0mW/cm2) maximum. BACKGROUND FOR CALCULATIONS Figure 1 illustrates a typical antenna setup. In order to calculate the power density illuminating a person at the reference point (Figure 1), the shortest possible distance to the reference point must be calculated. For the purpose of this study, the height of the subject is assumed to be 6.56 feet (2 m). The power density calculations are made under the assumption that the subject starts at the base of the antenna structure and walks away from the base over a flat plane. The power density is then computed using the calculated shortest distance to the subject and the effective radiated power radiated towards the subject. In the computations, the vertical antenna pattern is considered. Results The results are presented in Table I. The maximum percentage MPE for the general population/uncontrolled exposure is 3.6 % on the balcony (0.9 foot away). At ground level, the values are expected to be even smaller. CONCLUSION As shown in Table 1, human exposures to RF emissions from the facility proposed by AT&T Wireless at this site will be well below the MPE limit for the general population/uncontrolled exposure in all areas accessible to the public. Thus emissions from this site should pose no hazard to the general public. In addition, installation guidelines are being recommended to AT&T Wireless together with site specific safety procedures and recommendations. These will further ensure that the general public will not be exposed to RF levels in excess of the FCC limits. 9805 Scranton Road, Suite 100. San Diego. CA 92126. Tel: 619 824 2929. Fax: 619 824 2928. the global leac IN TELECOM OUTSOURCING Table I. Power Density Results for Site SD039B Distance from subject to point directly below nearest antenna (ft) 0.656 0.6561 0.7 0.8 0.9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 25 30 35 40 45 50 100 200 300 400 500 600 700 800 900 1000 1200 1400 1600 1800 2000 Angle Below Horizon (deg) 82.67 82.67 82.18 81.09 79.99 78.91 68.59 59.53 51.89 45.57 40.36 36.08 32.52 29.54 27.02 24.87 23.03 21.42 20.02 18.78 17.68 16.70 15.82 15.03 14.31 11.53 9.65 8.29 7.27 6.47 5.82 2.92 1.46 0.97 0.73 0.58 0.49 0.42 0.37 0.32 0.29 0.24 0.21 0.18 0.16 0.15 Incident ERP (dBd) with 2 transmitters on -10.90 -10.90 -10.50 -10.30 -10.00 -10.10 -11.30 -17.60 -20.90 -8.00 -10.00 -13.40 -6.90 -4.70 -2.90 -4.50 -6.00 -3.50 -4.90 -9.60 -10.20 -3.80 -0.70 -0.20 -1.90 -2.40 2.40 -0.80 2.30 7.90 7.90 15.70 15.40 15.40 15.40 15.40 13.90 13.90 13.90 13.90 13.90 13.90 13.90 13.90 13.90 13.90 Incident Power Density (nW/cm2) 29.99 29.99 32.81 34.16 36.38 35.30 24.10 4.84 1.89 30.31 15.73 5.94 22.13 30.89 39.71 23.55 14.41 22.35 14.22 4.26 3.30 12.91 23.72 24.07 14.79 8.62 18.31 6.49 10.19 29.33 23.81 28.30 8.45 3.76 2.11 1.35 0.67 0.49 0.37 0.30 0.24 0.17 0.12 0.09 0.07 0.06 % of FCC Standard 3.00 3.00 3.28 3.42 3.64 3.53 2.41 0.48 0.19 3.03 1.57 0.59 2.21 3.09 3.97 2.35 1.44 2.23 1.42 0.43 0.33 1.29 2.37 2.41 1.48 0.86 1.83 0.65 1.02 2.93 2.38 2.83 0.85 0.38 0.21 0.14 0.07 0.05 0.04 0.03 0.02 0.02 0.01 0.01 0.01 0.01 9805 Scranton Road, Suite 100. San Diego. CA 92126. Tel: 619 824 2929. Fax: 619 824 2928. the global leader IN TELECOM OUTSOURCING I certify that under penalty of perjury that the foregoing is true and correct. Executed on the 15 day of July 1999. Chi Nche, PhD Height of Aperture 1 -Antenna BS Height to center of radiation Shortest distance T Subject Ground or Roof Surface Figure 1. Typical antenna setup showing the important computational parameters. 9805 Scranton Road. Suite 100. San Diego, CA 92126. Tel: 619 824 2929. Fax: 619 824 2928. PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times This space is for the County Clerk's Filing Stamp formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and San Diego County; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Jan. 6, 2000 I certify (or declare) under penalty of perjury that i the foregoing is true and correct. Dated at this of san Marcos California 6th day Jan. 2000 Signature NORTH COUNTY TIMES Legal Advertising Proof of Publication of Public Hearing NOTICE OF PUBLIC HEARINGCOMPLETE DATE: November 5, 1999DESCRIPTION:Request for a Conditional Use Permit to allow the installa-tion of a telecommunications facility at the Grand Pacific Re-sort site.LOCATION:This project is within the City of Carlsbad's Coastal Zone lo-cated at 5805 Armada Drive in the C-T-Q/C-2-1 Zones andin Local Facilities Management Zone 13.ASSESSOR'S PARCEL NUMBER:211-022-28APPLICANT:AT&T Wireless 9805 Scranton Rd., Ste. 245 San Diego, CA92121 2000 at 6:00 p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, fol- lowed by public testimony, questions and a decision. Copies of the staff report will be available on or after January 13, 2000. If you have any questions, or would like to be notified of the decision, please contact Jason Martin at the City of Carls- bad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 2075 Las Palmas Drive, Carlsbad, California 92009, (760) 438-1161,extension 4515. APPEALSIf you challenge the Conditional Use Permit in court, youmay be limited to raising only those issues you or someoneelse raised at the public hearing described in this notice, orin written correspondence delivered to the City of Carlsbadprior to the public hearing.1. Appeals to the City Council: Where the decision is ap-pealable to the City Council, appeals must be filed in writingwithin ten (10) calendar days after a decision by the Plan-ning Commission.2. Coastal Commission Appealable Project:This site is not located within the Coastal Zone AppealableAreaWhere the decision is appealable to the Coastal Commis-sion,appeals must be filed with the Coastal Commission withinten (10) working days after the Costal Commission has re-ceived a Notice of Final Action from the City of Carlsbad.Applicants will be notified by the Coastal Commission of thedate that their appeal period will conclude. The San Diegooffice of the Coastal Commission is located at 3111 CaminoDel Rio North, Suite 200, San Diego, California 92108-1725.CASE FILE: CUP 99-18CASE NAME: AT&T WIRELESS/GRAND PACIFIC RE-SORT rifi r nnpriLL but City ofa Carlsbad Planning Department NOTICE OF PUBLIC HEARING COMPLETE DATE: November 5, 1999 DESCRIPTION: Request for a Conditional Use Permit to allow the installation of a telecommunications facility at the Grand Pacific Resort site. LOCATION: This project is within the City of Carlsbad's Coastal Zone located at 5805 Armada Drive in the C-T-Q/C-2-Q Zones and in Local Facilities Management Zone 13. ASSESSOR'S PARCEL NUMBER: 211-022-28 APPLICANT: AT&T Wireless 9805 Scranton Rd., Ste. 245 San Diego, CA 92121 A public hearing on the above proposed project will be held by the Planning Commission in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on January 19, 2000 at 6:00 p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after January 13, 2000. If you have any questions, or would like to be notified of the decision, please contact Jason Martin at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 2075 Las Palmas Drive, Carlsbad, California 92009, (760) 438-1161, extension 4515. 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 PIjh 1 APPEALS If you challenge the Conditional Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad prior to the public hearing. 1. Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: I This site is located within the Coastal Zone Appealable Area. X This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 3111 Camino Del Rio North, Suite 200, San Diego, California 92108-1725. CASE FILE: CUP 99-18 CASE NAME: AT&T WIRELESS/GRAND PACIFIC RESORT PUBLISH: JANUARY 6, 2000 S/7E AT&T WIRELESS/ GRAND PACIFIC RESORT CUP 99-18 NATIONAL ASSN OF MUSIC PO BOX 2329 RANCHO SANTA 92067-2329 C B RANCH ENTKRPftf-SE~S 5600 A^iJiBA^ENCINAS 10 CARLSBAD CA 92008-4452 LAKEVIEW ASSOCIATES 5900 PASTEUR CT CARLSBAD CA 92008 INC CARLSBAD RANCH COMPANY 5600 AVENIDA ENCINAS 10 CARLSBAD CA 92008 CHARLES D ANACKER 5900 PASTEUR CT 200 CARLSBAD CA 92008 PRICE CO THE 999 LAKE DR ISSAQUAH WA 98027-5366 PALOMAR CANNON PARTNERS 5522 LOCKHAVEN DR BUENA PARK CA 90621-1540 15 CARLSBAD RANCH LLC 619 S VULCAN AVE ENCINITAS CA 92024-3634 LEGOLAND CARLSBAD INC 5600 AVENIDA ENCINAS 13 CARLSBAD CA 92008-4455 CARLSBAD RANCH MAINTENA 5600 AVENIDA ENCINAS 13 CARLSBAD CA 92008-4455 *** 10 Printed *** AT&T WIRELESS SUITE 245 9805 SCRANTON RD SAN DIEGO CA 92121 Signature OK*. CITY.OFOARLSPA LAND USE REVIEW APPLICATION < a 1) APPLICATIONS APPLIED PC?R: (C. . • .. i . v •«'-,'- "- ^J Q Administrative Permit - 2nd Dwelling Unit Q Administrative Variance TJT) Coastal Development Permit /\p -p^-sfj^ Conditional Use Permit [~| Condominium Permit Q Environmental Impact Assessment Q General Plan Amendment Q Hillside Development Permit ,'<••>. • ' [~~1 Local Coastal Plan Amendment ' Q] Master Plan Q Non-Residential Planned Development H] Planned Development Permit HECK BOXES) (FOR DEPARTMENT USE ONLY) 1 '. * rfW3& (jO? $•$-(!! • •• * Q Planned Industrial Permit n Planning Commission Determination [] Precise Development Plan Q Redevelopment Permit n Site Development Plan n Special Use Permit n Specific Plan n Tcntotivo Porool Mop Obtain from Engineering Department Q Tentative Tract Map |~| Variance ' n Zone Change [D List other applications not specified (FOR DEPARTMENT USE ONLY) - 2) 3) 4) ASSESSOR PARCEL NO(S).: PROJECT NAME: BRIEF DESCRIPTION OF PROJECT:Tj>J&E£ ^£C7Z>£ 5} OWNER NAME (Print or Type)6) APPLICANT NAME (Print or Type) 4T+T l^$> MAILING ADDRESS MAILING ADDRESS CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE 760 I CERTIFY THAT I AM THE LEGAL OWNER AND IHAT ALL THE ABOVE INFORMATION IS TRUE AN^ CORRECT TOT/THE BEST OF MY KNOWLEDGE. SIGNATURE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNEB-AND-WAT ALL^FHTABOVE INFORMATION IS TRUE AND CORRECT TOTyEJEST OF MYyKNQWLEDGE. DATE SIGNATURE DATE7 7) BRIEF LEGAL DESCRIPTION i\IOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED. MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1 OF 2 8) LOCATION OF PROJECT:6&Q6 ON THE BETWEEN (NORTH, SOUTH, EAST, WEST) STREET ADDRESS SIDE OF r AND &&V3 (NAME OF STREET) (NAME OF STREET)(NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 1 7) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING , 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY ^Ifi^THIS PURPOSE V FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED FEE REQUIRED RECEIVED • - s • ' . AUG t 7 1939 CITY OF DA RECEIVED BY: RECEIVED DATE FEE PAID RECEIPT NO. Form 16 •) ne m CITY -OF CARLSBAD LAND USE REVIEW APPLICATION < c 1) APPLICATIONS A^PI^EtfFOR: (C. .... ,7, Q Administrative Permit - 2nd Dwelling Unit Q Administrative Variance "O) Coastal Development Permit ££• ^p^. [J^ Conditional Use Permit O Condominium Permit [3 Environmental Impact Assessment Q| General Plan Amendment Q Hillside Development Permit , I • 7 . ' n Local Coastal Plan Amendment ' Q Master Plan l_j Non-Residential Planned Development Q Planned Development Permit HECK BOXES) (FOR DEPARTMENT USE ONLY) , >t 1 cCfjOjg C*JP3J-if • • * * - Q ' Planned industrial Permit C] Planning Commission Determination n Precise Development Plan Q Redevelopment Permit Q Site Development Plan (3 Special Use Permit Q Specific Plan n Tcntotivo Porocl Mop Obtain from Engineering Department O Tentative Tract Map |~1 Variance v PI Zone Change [U List other applications not specified (FOR DEPARTMENT USE ONLY) - 2) 3) 4) ASSESSOR PARCEL NO(S).: PROJECT NAME: BRIEF DESCRIPTION OF PROJECT: //VSr#u,//(S& & T4t8££ -S£CT<fE 5) OWNER NAME (Print or Type)6) APPLICANT NAME (Print or Type) MAILING ADDRESS MAILING ADDRESS CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE 760 I CERTIFY THAT I AM THE LEGAL OWNER AND IHAT ALL THE ABOVE INFORMATION IS TRUE AN& CORRECT T0/ THE BEST OF MY KNBWLEDGE. SIGNATURE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNEIHWD-THAT ALLJHfABOVE INFORMATION IS TRUE AND CORRECT TO TyEBEST OF MY/KNOWLEDGE. DATE SIGNATURE DATE ' 7) BRIEF LEGAL DESCRIPTION Z i\IOTE: A PROPOSED PROJECT REQUIRjNG MULTIPLE APPLICATIONS BE RLED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED. MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1 OF 2 f 8) LOCATION OF PROJECT:S&C6 * ''*' ON THE BETWEEN STREET ADDRESS SIDE OF r (NORTH, SOUTH, EAST, WEST) AND (NAME OF STREET) (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS TYPE OF SUBDIVISION PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 1 9) GROSS SITE ACREAGE 22) EXISTING ZONING 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING . 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24)IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY PCB^THIS PURPOSE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED TO Dfi , . TAL FEE REQUIRED ^TE FEE PAID , J- - RECEIVED AU6 1 7 19S9 ICEIVED RECEIVED BY: RECEIPT NO. Form 16 PAGE 2 OF 2 CITY OF CARLSBAD ENGINEERING DEPARTMENT LAND USE REVIEW August 19, 1999 TO: Jason Martin - Associate Planner FROM: David Rick - Assistant Engineer COMPLETENESS REVIEW PROJECT ID: CUP 99-17: Pacific Bell Wireless The Engineering Department has completed its review of the above referenced project for application completeness and has determined that the application and plans submitted for this project are complete and suitable for continued review. Engineering staff does not have any comments to add to the project. However, please provide me with a copy of the property's title report before sending your complete/incomplete letter so that I may verify that none of the proposed structures are located within a City easement. Please add the following conditions of approval to the resolution. 1. The antenna or appurtenance shall not be constructed on any easement without the easement holder's permission. 2. The antenna or appurtenance shall not be constructed in any drainage area or over any drainage structure. If you or the applicant have any questions regarding the above, please either see or call me at extension 4324. David Rick Engineering Technician - Land Use Review , H:\UBRARY\ENG\WPDATA\MISC\COMPREV CITY OF CARLSBAD ENGINEERING DEPARTMENT o LAND USE REVIEW August 23,1999 TO: Jason Martin - Associate Planner FROM: David Rick - Assistant Engineer COMPLETENESS REVIEW PROJECT ID: CUP 99-18/CDP 99-38: Grand Pacific Resorts The Engineering Department has completed its review of the above referenced project for application completeness and has determined that the application and plans submitted for this project are complete and suitable for continued review. Engineering staff does not have any comments to add to the project. Please add the following conditions of approval to the resolution. 1. The antenna or appurtenance shall not be constructed on any easement without the easement holder's permission. 2. The antenna or appurtenance shall not be constructed in any drainage area or over any drainage structure. If you or the applicant have any questions regarding the above, please either see or call me at extension 4324. David Rick £J *•- Engineering Technician - Land Use Review H:\LIBRARY\ENG\WPDATA\MISC\COMPREV November 6, 2002 Raymond Patchett City Manager City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: ATTWS Site No. SD0039 - Grand Pacific Dear Mr. Patchett: General Order 159-A (GO-159-A) of the California Public Utilities Commission (CPUC) requires cellular carriers to send a notification letter of a utility's intent to construct a cellular facility to CPUC's Safety and Enforcement Division within 15 business days of receipt of all requisite local land use approvals. The notification letter shall state that such approvals have been received, or that no land use approvals are required. As set forth in GO 159-A, copies of the notification letter are required to be served concurrently by mail on the local governmental agency. Where the affected local governmental agency is a city, service of the notification letter to the city shall consist of service of separate copies of the notification letter upon the City Manager, the City Planning Director and the City Clerk. In order to comply with these requirements, I have enclosed a copy of the notification letter for our project within your city limits. If you have any questions or require additional information, please call me at (858) 571-4167. Sincerely, Kevin McGee Site Acquisition and Zoning Manager AT&T Wireless Services, Inc. Attachments November 6, 2002 CONSUMER SERVICES DIVISION California Public Utilities Commission 505 Van Ness Avenue San Francisco, CA 94102 RE: AT&T Wireless Site No. SD0039 Grand Pacific This letter is to provide the Commission with notice pursuant to the provisions of General Order No. 159A of the Public Utilities Commission of the State of California (CPUC) that with regard to the project described in Attachment A: [J (a) The Commercial Mobile Radio Services Provider has obtained all requisite land use approval for the project described in Attachment A. | | (b) That no land use approval is required because (c) Modification AT&T Wireless Services will add one (1) new 2' x 2' flat panel antenna pipe mounted within an existing rooftop structure, one (1) coaxial cable from equipment room to the antenna and one (1) piece of radio equipment located within an existing equipment room. No other changes to the existing facility are proposed. A copy of this notification letter is also being provided to the appropriate local government agency for its information. Should there be any questions regarding this project, or if you disagree with any of the information contained herein, please contact me at (858) 571-4167. Sincerely, Kevin McGee Site Acquisition and Zoning Manager AT&T Wireless Attachment: CC: Helen Malone Utilities Enforcement Branch Consumer Services Division California Public Utilities Commission 505 Van Ness Avenue San Francisco, CA 94012 Michael Holzmiller Planning Director City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 ATTACHMENT A 1. Project Location: Site Number: SD0039 Grand Pacific Site Address: 5805 Armada Drive Carlsbad, CA 920008 County: San Diego Location: 33° 07' 29.0" Latitude 117° 18'57.0" Longitude Assessor's Parcel Number: 211 -022-28 Number of Antennas to be Installed: Add one(l) new 2' x 2' flat panel antenna. RBS Equipment Size: Add one(l) piece of radio equipment within existing equipment room. 2. Project Description: The project is a modification to an existing wireless communications facility. AT&T Wireless Services will add one new 2' x 2' flat panel antenna pipe mounted within an existing rooftop structure, one (1) coaxial cable from equipment room to the antenna and one (1) piece of radio equipment located within an existing equipment room. No other changes to the existing facility are proposed. 3. Business addresses of all Local Government Agencies: City of Carlsbad, Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 Contact: Christer Westman Telephone: 760-602-4614 4. Land Use Approval: On September 5, 2002, AT&T Wireless Services obtained from the City of Carlsbad Planning Department an Administrative Substantial Conformance Approval for Conditional Use Permit No. 99-18 to modify an existing wireless communications facility located at 5805 Armada Drive. JflN. 4.2000 3:59PM 7604319020 MO.841 P. 1/3 CARLSBAD RANCH DESIGN REVIEW COMMITTEE FAX MEMORANDUM Page 1 of 3 TO: COMPANY NAME: FAX NUMBER: FROM: COPIES TO: DATE: REGARDING: Tim Stripe Grand Pacific Resort (760)431-4580 David Meyer Jason Martin, City of Carlsbad Design Review Committee Members • Judy Bohlim, NAMM • Chris Calkins, Carltas Co. • Bill Haviluk, LEGOLAND 1/4/00 Grand Pacific Resort (Lot 2) AT&T Wireless Antenna (760) 438-0894 (760) 438-0255 Hand Delivered (760) 603-0032 On behalf of the Design Review Committee (DRC) of Carlsbad Ranch and pursuant to Section 6 of the Design Guidelines, the subject application pending before the Planning Commission for the installation of an antenna by AT&T Wireless has not been reviewed and approved by the DRC, Please note that any alteration(s) which affect the physical appearance of the building, landscaping or site must be approved by the DRC. As was previously done for the Pacific Bell Wireless antenna, please submit five (5) sets of information on the antenna, including plans, brochures, materials, pictures of other actual installations and if possible a photo-rendering of the proposed installation on the subject building. Thank you for your cooperation and please call should you have any questions on this matter. DRC Memo Form JfiN. 4.2000 3:59PM 7604319020 NO.841 P.2/3 City of Carlsbad Planning Department NOTICE OF PUBLIC HEARING COMPLETE DATE: Novembers, 1999 DESCRIPTION: Request for a Conditional Use Permit to allow the installation of a telecommunications facility at the Grand Pacific Resort site. LOCATION: This project is within the City of Carlsbad's Coastal Zone located at 5805 Armada Drive in the C-T-Q/C-2-Q Zones andi in Local Facilities Management Zone 13. ASSESSOR'S PARCEL NUMBER: 211-022-28 APPLICANT: AT&T Wireless 9805 Scranton Rd., Ste, 245 San Diego, CA 92121 '. A public hearing on the above proposed project will be held by the Planning Commission in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on January 19, 2000 at 6:00 p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after January 13, 2000. If you have any questions, or would like'to be notified of the decision, please contact Jason Martin at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 2075 Las Palmas Drive, Carlsbad, California 92009, (760) 438-1161, extension 4515. 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (76O) 438-O894 JflN. 4.2000 3:59PM 7S04319020 NO.841 P.3/3 AT&T WIRELESS/ GRAND PACIFIC RESORT CUP 99-18 11/05/99 15:32 FAX 6196232079 WFI/AT&T ilOOl writthe global leaderIN TELECOM OUTSOURCING FACSIMILE TRANSMITTAL SHEET TO: ' Jason Martin COMPANY: City of Carlsbad FAX NUMBER: 760-438-0894 PHONE NUMBER: FROM: Doug Munson DATE: 11/5/99 TOTAL NO. OF PAGES INCLUDING COVER; 5 PHONE NUMBER: 619-450-7387 RE: ' FAX NUMBER: Grand Pacific Resort 619-623-2079 D URGENT 0 FOR REVIEW D PLEASE COMMENT D PLEASE REPLY D PLEASE RECYCLE Chris, I may not have left a copy with you but here is the report. If you need a hard copy let me know and I will forward it to you. Thanks for your help. Doug 9805 SCRANTON ROAD, SUITE 245 SAN DIEGO, CA 92121 11/05/99 15:32 FAX 6196232079 WFI/AT&T i]002 Ihe qlobal ieader IN TELECOM OUTSOURCING October 24, 1999 ENGINEERING EXHIBIT HUMAN EXPOSURE TO RADIOFREQUENCY ELECTROMAGNETIC FILEDS AT&T Wireless Services, Incorporated Site ID (SDO39B) San Diego County, California INTRODUCTION OF ENGINEERING CONSULTANT I, Dr. Chi Nche, am a principal engineer with WFI. I am familiar with the guidelines for radio frequency (RF) exposure to humans as adopted by the FCC and I have performed the calculations and analysis presented herein. This exhibit has been prepared for AT&T Wireless Services, Incorporated (hereafter AT&T Wireless) for the purpose of addressing public exposure to RF emissions from a new proposed Personal Communications Services (PCS) transmitting facility in San Diego County, California.i PROPOSED FACILITY The proposed site is located at 5805 Armada Drive in the city of Carlsbad. Communication antennas will be mounted on the roof of an existing building, The radiation center of the antennas is 39.6 feet above ground level. The worst case location for RF exposure is the balcony that is about 6 feet directly below the antennas. A total of 12 antennas will be utilized for the three sectors. Each sector shall be configured with two transmit and two receive antennas. The proposed antenna is an Allgon model 720001 antenna having a gain of 16 dBd. Each sector will have a maximum of 9 radio channels. Each radio channel radiates a maximum effective radiated power (ERP) of 120 W. Therefore, when the system is fully loaded, this wireless communication site will have a maximum of 27 (3x9) radio channels. Under worst case conditions of full buildout and maximum simultaneous ERP of 120 watts per channel, the total peak power output would be 1080 watts from each sector. Transmission will be in the D band, 1965-1970 MHz. BACKGROUND FOR RF ENERGY PROPAGATION RF radiation is one of several forms of electromagnetic radiation. The movement of charge in a transmitter radio antenna creates electromagnetic waves that radiate away from the antenna and can be picked up by a receiving antenna. Radiated power rapidly decreases as the distance from the source increases according to what is known as the inverse square law. For example doubling the distance from the source will cause the power level to drop to a fourth of the original level. Hence, at a distance of four feet the power density is one quarter that measured at two feet. The 9805 Scraoton Road, Suite 100. San Diego, CA 92126. Tel: 619 824 2929. Fax: 619 824 2928. 11/05/99 15:33 FAX 6196232079 WFI/AT&T @003 the global teaoerIN TEL1OOM OUTSOURCING power measured at some distance from the source is termed power density and is measured in watts per unit area. It has been known that high intensities of RF radiation can be harmful due to its ability to heat biological tissue (the principle by which microwave ovens work). In 1996, the FCC adopted new guidelines for evaluating human exposure to RF fields from fixed transmission antennas such as those proposed for this facility. According to Section 1.1310 of the FCC rules, levels of radiation for PCS licensees established by the National Council on Radiation Protection and Measurements (NCRP) must be adhered to. The subsequent analysis demonstrates that the proposed AT&T Wireless facility will comply with the maximum permissible exposure (MPE) limits specified by the FCC rules. MPE per Section 1.1310 is one milliwatt per square centimeter (1.0mW/cm2) maximum. BACKGROUND FOR CALCULATIONS Figure 1 illustrates a typical antenna setup. In order to calculate the power density illuminating a person at the reference point (Figure 1), the shortest possible distance to the reference point must be calculated. For the purpose of this study, the height of the subject is assumed to be 6.56 feet (2 m). The power density calculations are made under the assumption that the subject starts at the base of the antenna structure and walks away from the base over a flat plane. The power density is then computed using the calculated shortest distance to the subject and the effective radiated power radiated towards the subject. In the computations, the vertical antenna pattern is considered. i Results ; The results are presented in Table I. The? maximum percentage MPE for the general population/uncontrolled exposure is 3.6 % on the balcony (0.9 foot away). At ground level, the values are expected to be even smaller. CONCLUSION I As shown in Table 1, human exposures to RF emissions from the facility proposed by AT&T Wireless at this site will be well below the MPE limit for the general population/uncontrolled exposure in all areas accessible to the public. Thus emissions from this site should pose no hazard, to the general public. In addition, installation guidelines are being recommended to AT&T Wireless together with site specific safety procedures and recommendations. These will further ensure that the general public will not be exposed to RF levels in excess of the FCC limits. 9805 Scranton ROad, Suite 100. San Diego, CA 92126. Telt 619 824 2929. Fax: 619 824 2928. 11/05/99 15:34 FAX 6196232079 » » WFI/AT&T i]004 the giobal Seaoer IN TELECOM OUTSOURCING I certify that under penalty of perjury that the foregoing is true and correct. Executed on the 15 day of July 1999. Helgft erf Aperture 1 / BS Height to center of radiation Shortest distance 1 SubjectGround orRoof Surface Figure 1. Typical antenna setup showing the important computational parameters. 9805 Scranton Road, Suite 100. San Diego, CA 92126. Tel: 619 824 2929. Fax: 619 824 2928. 11/05/99 15:34 FAA 6196232079 _jg^WFitthe global leader | IN TELECOM OUTSOURCING WFI/AT&T i]005 Table I, Power Density Results ftw Site SDO39B Distance from subject to point directly below nearest antenna (ft) 0.656 0,6561 0.7 0.8 0.9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 25 30 35 40 ' ' ' _j 45 50 100 200 300 400 500 600 700 800 900 1000 1200 1400 1600 1800 2000 Angle Below Horizon (deg) 82.67 82.67 82.18 81.09 79.99 78.91 68.59 59.53 51.89 45.57 40.36 36.08 3252 29.54 27.02 24.87 | 23.03 21.42 20.02 18.78 17.68 I 16.70 | 15.82 15.03 14.31 11.53 9.65 8.29 7.27 6.47 5.82 2.92 1.46 0.97 0.73 0.58 0.49 0.42 0.37 0.32 0.29 I 0.24 0.21 0.18 0.16 0.15 Incident BRP (dBd) with 2 transmitters on -10.90 -10.90 -10.50 -10.30 -10.00 -10.10 -11.30 -17.60 -20.90 -8.00 -10.00 -13.40 -8.90 -4.70 -2.90 -4.50 -6.00 -3.50 -4.90 -9.60 -10.20 -3.80 -0,70 -0.20 -1.90 -2.40 2.40 -0.80 2.30 7.90 7.90 15.70 15.40 15.40 j 15.40 15.40 13.90 13.90 13.90 13.90 13.90 13.90 13.90 13.90 13.90 13.90 Incident Power Density (^W/crn2) 29.99 29.99 32.81 34.16 36.38 35.30 24.10 4.84 1.89 30.31 15.73 5.94 22.13 30.89 39.71 23.55 14.41 22.35 14.22 4.26 3.30 12.91 23.72 24.07 14.79 8.62 18.31 6.49 10.19 29.33 23.81 28.30 8.45 3.76 2.11 1.35 0.67 0.49 0.37 0.30 0.24 0.17 0.12 0.09 0.07 0.06 % of FCC Standard 3,00 3.00 3.28 3.42 3.64 3.53 2.41 0.48 0.19 3.03 1.57 0.59 2.21 3.09 3.97 2.35 1.44 2.23 1.42 0.43 0.33 1.29 2.37 2.41 1.48 0.86 1.83 0.65 1.02 2.93 2.38 2.83 0.85 0.38 0.21 0.14 0,07 0.05 0.04 0.03 0.02 0.02 0.01 0.01 0.01 0.01 9805 Scranton Road, Suite 100. San Diego, CA 92126. Tel: 619 824 2929. Fax: 619 824 2928. ^r ^v City of Carlsbad Planning Department FAXTRANSMITTAL DATE: September^, 1999, TIME SENT: Number of Pages Being Transmitted (Including Cover Sheets 2 TO: Doug Munson COMPANY: (Click Here) PHONE #: (Click Here) FAX#: (619)623-2079 FROM: Jason Martin DEPT.: PLANNING PHONE: (760) 438-1161 ext. 4514 FAX: (760) 438-0894 SPECIAL INSTRUCTIONS: Doug Here's a listing of the noticing requirements for the CD and CD permits. Please submit these materials; a copy of the RF study; and 10 copies of plans, revised per our discussions, at your earliest convenience. Thanks. Return Fax 2075 Las Palmas Drive * Carlsbad, California 92009-1576 * (760)438-1161 PROJECT NO. & NAME Date Page 2 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) 100' Occupant List - (Coastal Development Permits Only) a typewritten list of names and addresses of all occupants within a 100 foot radius of the subject property, including the applicant and/or owner. C) Mailing Labels - two (2) separate sets of maihng labels of the AND/OR" OCCUPANTS] within a foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single family residence, an apartment or suite number must be included but the Apartment, Suite and/or Building Number must NOT appear in the street address line. DO NOT type assessor's parcel number on labels. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith Mrs. Jane Smith MRS JANE SMITH 123 Magnolia Ave., Apt #3 123 Magnolia Ave. APT 3 Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE Carlsbad, CA 92008 CARLSBAD CA 92008 D) Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. E) Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY:_ DATE: RECEIVED BY DATE: . a City of Carlsbad ^f ^•^«^««^^B^.BB^^|B^Bii^BB|^^^^^^^^^^^^^^^^Planning Department September 10, 1999 Paul Pachuta, Contractor for AT&T Wireless Service 9805 Scranton Road, Suite 245 San Diego CA 92121 SUBJECT: CONDITIONAL USE (CUP) 99-18 AND COASTAL DEVELOPMENT PERMIT (CDP) 99-38 Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed the above referenced project applications as to their completeness for processing. The project involves a proposal to install AT&T wireless telecommunications antenna and equipment at the Grand Pacific Resort located at 5805 Armada Drive. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. At this time, the City is requesting the applicant submit a RF study for review, and inclusion into the case file. The City has identified a issue relating to the proposed project's potential for significant adverse visual impacts. The proposed antennae have been sited on a prominent section of the building and designed such that they project from the building wall, making the antennae very visible from highly traveled roadways and public places. The site is within the City's Coastal Zone and immediately adjacent to a City landmark - the Carlsbad flower fields. Given the site's prominence in this very important location, staff believes that that the antennae should be either relocated to a less conspicuous area on the site/building or redesigned such that they are better concealed and/or better integrated into the building architecture. This issue will need to be addressed before this application can be scheduled for a public /hearing before the Planning Commission. The Planning Department will begin processing your application as of the date of this communication. Additionally, and in follow-up to a recent telephone conversation with a representative from your office, be sure to eliminate any unnecessary or inapplicable information on the plans to avoid confusion (i.e. the highlighted or "bubbled" areas which do not relate to this project). 2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (760) 438-1161 • FAX (76O) 438-O894 CUP 99-18/CDP 99-38 September 10, 1999 Page 2 Please contact your staff planner, Jason Martin, at (760) 438-1161, extension 4515, if you have any questions or wish to set up a meeting to discuss the application and potential re-design alternatives. Sincerely, MICHAEL J. HOLZWIILLER Planning Director MJH:JM:eh c: Gary Wayne Jason Martin, Team Leader David Rick, Project Engineer Bobbie Hoder File Copy Data Entry Planning Aide f ~ ,City of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION February 2, 2000 Grand Pacific Palisades LLC 5900 Pasteur Court, Ste. 200 Carlsbad, CA 92008 SUBJECT: CUP 99-18 - AT&T WIRELESS/GRAND PACIFIC RESORT At the Planning Commission meeting of January 19, 2000, your application was considered. The Commission voted 6-0 (Compas Absent) to APPROVE your request. The decision of the Planning Commission became final on January 19, 2000. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the Planning Director, Michael J. Holzmiller, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 602-4600. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:JM:mh Enclosed: Planning Commission Resolution No. 4698 c: AT&T Wireless 9805 Scranton Rd., Ste. 245 San Diego, CA 92 121 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-46OO • FAX (760) 602-8559 TfoTne City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: January 19, 2000 Application complete date: November 5, 1999 Project Planner: Jason Martin Project Engineer: David Rick SUBJECT: CUP 99-18 - AT&T WIRELESS/GRAND PACIFIC RESORT - Request for a Conditional Use Permit to allow the installation of a telecommunications facility at the Grand Pacific Resort site. The resort is located at 5805 Armada Drive in the C-T-Q/C-2-Q Zones and in Local Facilities Management Zone 13. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4698 APPROVING Conditional Use Permit CUP 99-18 based on the findings and subject to the conditions contained therein. II.INTRODUCTION Grand Pacific Resorts, Inc., for AT&T Wireless Services, is requesting approval to install an unmanned telecommunications facility, consisting of antennae and equipment, inside the Grand Pacific Resort. If approved, the facility will better the AT&T Wireless Services' ability to provide mobile communications coverage in central Carlsbad and along the Interstate 5 corridor. This request is one of several existing or planned facilities by AT&T in North County. The Federal Communications Commission has licensed the utility to provide service in San Diego County and beyond. The zoning of the site allows, by conditional use permit, quasi-public utilities such as the proposed wireless telecommunication facility. Staff recommends approval of the requested CUP as the necessary findings for it can be made. III. PROJECT DESCRIPTION AND BACKGROUND Occupying a prominent position above Palomar Airport Road, the Grand Pacific Resort borders open space-zoned lands (the flower fields) to the west and south, Legoland and Armada Drive to the east, and existing and developing office and research uses to the north. The project site is within the Commercial Tourist, General Commercial, and Qualified Development Overlay zones and the Carlsbad Ranch Specific Plan (SP207). The facility consists of "panel type" antennae and equipment installations. Antennae is proposed at three separate locations all on the octagonal-shaped, rooftop cupolas that accent the west side of the resort building and overlook the flower fields. Primarily built as architectural enhancements with stucco, windows and a roof to match the rest of the resort, the cupolas are fully enclosed, virtually empty shells approximately 25 feet wide and 18 feet high at their tallest points. One proposed location consists of antennas mounted to the exterior of one of the cupolas facing east. The panel antennae will be painted to match the exterior of the building and because © EraCUP 99-18 - AT&T WIREEESS SERVICES/GRAND PACIFIC RESORTS January 19, 2000 Page 2 of the location will not be visible to any public right-of-way. The other two antennae locations are on the west side of the cupolas. Given the high prominence of these locations, the applicant has agreed to integrate the antennae with the building architecture as much as possible and will be installing the antennae inside of the cupolas. For the antennas to receive and transmit signals through the cupola walls, removal of the existing cement-based stucco in front of each antenna will be required, according to the applicant. Proposed in its place is "Dryvit," a material system featuring a foam base with a fiberglass reinforced stucco-like exterior. The applicant notes Dryvit is durable and approved by the resort owner, and project plans indicate the stucco-like finish will match the existing stucco. Dryvit is a common architectural element in Carlsbad. It has been used as the exterior treatment for entire buildings. The equipment is proposed in an interior storage room near the antennae and will not be visible to the public. This project is subject to the following regulations: A. C-T, Commercial-Tourist Zone; and C-2, General Commercial Zone (Chapters 21.28 and 21.29 of the Zoning Ordinance); B. Qualified Development Overlay Zone (Chapter 21.06 of the Zoning Ordinance); C. Carlsbad Ranch Specific Plan (SP207); D. Coastal Development Regulations (Chapter 21.201 of the Zoning Ordinance); E. Conditional Use Permit regulations (Chapter 21.42 of the Zoning Ordinance); F. Comprehensive Land Use Plan for McClellan-Palomar Airport, and; G. Growth Management. IV. ANALYSIS Staff developed its approval recommendation after analyzing the project's consistency with the applicable City regulations listed above. A discussion on the compliance with each of the regulations follows. A. Commercial - Tourist and General Commercial Zones The proposed facility is consistent with all development standards of the Commercial-Tourist and General Commercial zones. Its location inside the rooftop cupola complies with setback, lot coverage, and building height requirements, and it does not require additional parking. Zoning Ordinance conditional use permit regulations (Chapter 21.42.010 (2)(J) allow accessory public and quasi-public utility facilities in all zones by approval of a conditional use permit (CUP). Required CUP findings can be made for the proposed wireless communication facility as it is a desirable public convenience and is compatible with its surroundings. B. Qualified Development Overlay Zone The Zoning Ordinance designates the project site with a "Q" Overlay Zone because of its sensitive location. However, additions of no more than 1,000 square feet to commercial buildings in commercial zones are exempt from the Overlay Zone provisions. The facility, proposing no expansion to a commercially zoned, resort building, is also exempt. CUP 99-18 - AT&T WIREffiSS SERVICES/GRAND PACIFIC REPORTS January 19, 2000 Page3 C. Carlsbad Ranch Specific Plan The Grand Pacific Resort is within the Carlsbad Ranch Specific Plan boundaries. The proposed communications facility is consistent with all applicable regulations, including the goals of the Specific Plan and development standards expressly for the Grand Pacific Resort planning area in that the installation of panel antenna will be screened from public view. D. Conditional Use Permit Regulations Conditional land uses such as wireless telecommunication facilities possess unique and special characteristics that make it impractical to include them as permitted uses "by right" in any of the various zoning classifications. Accordingly, the Zoning Ordinance requires conditional use permits and Planning Commission public hearing review to address the aesthetic, operation, location, and other concerns potentially attributable to these land uses. As part of the Planning Commission's consideration to approve a conditional use permit, several findings must first be made. A summary of how the project meets the findings follows. 1. The requested facility is desirable because it will provide safety and convenience benefits to the public by expanding and improving a mobile communication system. 2. The proposal is consistent with the General Plan, Zoning Ordinance, and Carlsbad Ranch Specific Plan because: • it will not be visible to the surrounding area; • it is not precluded by the commercial land use designations of the project site as they allow quasi-public utility uses with a conditional use permit; • it will not interfere with the circulation, design, or operation of the Grand Pacific Resort or existing uses nearby because it is installed on/in a rooftop cupola and; • it is consistent with all applicable development standards. 3. The existing cupola can accommodate all antennas and equipment and enable them to be hidden from view. 4. All proposed modifications to the cupola to enable facility installation will not change the cupola's appearance as viewed from public places. 5. The proposed use will not generate a traffic impact because it is unmanned and requires only monthly maintenance. The attached Planning Commission Resolution No. 4698 contains the required findings and an expanded discussion of how the project complies with them. RE?0CUP 99-18 - AT&T WIRELESS SERVICES/GRAND PACIFIC RESORTS January 19, 2000 Page 4 E. Comprehensive Land Use Plan For McClellan-Palomar Airport (CLUP) The project is located within the boundaries of the CLUP. Airport noise will not have an impact on the facility nor will the facility interfere with airport activities. Therefore, the proposal will be compatible with airport operations. F. Coastal Development Regulations The Mello II Local Coastal Program Segment includes the project site. However, as a minor building improvement, the proposed PCS facility is exempt from needing a coastal development permit according to Section 21.201.060A.2 of the Zoning Ordinance. G. Growth Management Local Facilities Management Plan Zone 13 includes the Grand Pacific Resort. Installation of the facility in the existing resort building and monthly facility maintenance visits will not result in increased public facilities demands; therefore, the proposal will not exceed performance standards for public facilities. V. ENVIRONMENTAL REVIEW The proposal is exempt from the California Environmetal Quality Act (CEQA). CEQA Section 15301 exempts minor alterations to existing buildings involving negligible or no expansion of use beyond that previously existing. Additionally, as Pacific Bell Wireless must comply with FCC regulations, radio frequency emissions from the proposed facility are not considered a health hazard. ATTACHMENTS: 1. Planning Commission Resolution No. 4698 (CUP) 2. Location Map 3. Background Data Sheet 4. Disclosure Statement 5. Exhibits "A"- "F" dated January 19, 2000 JM:cs:mh AT&T WIRELESS/ GRAND PACIFIC RESORT CUP 99-18 BACKGROUND DATA SHEET CASE NO: CUP 99-18 CASE NAME: AT&T WIRELESS AT GRAND PACIFIC RESORT APPLICANT: AT&T WIRELESS SERVICE REQUEST AND LOCATION: Approval of an unmanned telecommunications facility consisting of small panel antennas and ancillary equipment proposed within an existing building - the Grand Pacific Resort at 5805 Armada Drive. LEGAL DESCRIPTION: Lot 2 of Carlsbad Ranch Hotel and Timeshare Resort C.T. 96-01. according to Map No. 13719, in the City of Carlsbad. County of San Diego. State of California, filed in the Office of the County Recorder of San Diego County on February 3. 1999. APN: 211-022-24 Acres: 7.51 Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Land Use Designation: Travel/Recreation Commercial and Community Commercial (T-R/C) Density Allowed: N/A Density Proposed: N/A Existing Zone: Commercial -Tourist. Qualified Development Overlay Zone (C-T-Q): General Commercial, Qualified Development Overlay Zone (C-2-0) Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site C-T-Q and C-2-Q T-R/C Hotel and timeshare North O-QandP-M/Q1 O/PI2 Vacant and office under construction South Open Space (OS) OS Flower fields East C-T-Q T-R Legoland West OS OS Flower fields 'Office, Qualified Development Overlay and Planned Industrial, Qualified Development Overlay 2Office, Planned Industrial PUBLIC FACILITIES School District: CUSP Water District: CMWD Sewer District: CMWD Equivalent Dwelling Units (Sewer Capacity): N/A ENVIRONMENTAL IMPACT ASSESSMENT /\| Categorically exempt pursuant to California Environmental Quality Act TCEQA) Guidelines Section 15301. . ; City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETF^ LEjfiAL names and addresses of ALL persons having a financial interest in th€*appjication. If^he appjicant includes a corporation or partnership, include the names, tftje, a<jdres^es bf al^'Utdiyiduals owning more than 10% of the shares. IF NO INDK^pJ^i^3D^ft€^-''tHAT?"100/o OF THE SHARES. PLEASE INDICATE NON- APPtlCABLE (N/A) IN THE SPACE BELOW- If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Title Corp/Part. Title Address C7T Address £77 OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Corp/Pa TitleTitle £0 " fr-£S.\2>e&7S Address C?o^ f^T^^ C77 Address £"?«*>CT 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX f760) 438-O894 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/TrustNon Profit/Trust Title Title Address Address Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes /No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. 1 certify that all the above information is true and correct to the best of my knowledge. >4± Signature of owfer/date Print or type name of owner Print or type name of applicant /Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADM!N\COUNTER\DISCLOSURE STATEMENT 5/98 . PLANNING COMMISSION January 19,2000 Page 2 VOTE: 7-0-0 AYES: Compas, L'Heureux, Segall, Trigas, Welshons, Nielsen, Heineman, NOES: None ABSTAIN: None Chairman Compas reviewed the procedures that would be followed for this evening's public hearing. COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA. None PUBLIC HEARING: Assistant Planning Director, Gary Wayne stated that agenda items #1 and #2 would normally be heard in a Public Hearing context. The items should be taken individually and open and close public hearing. However, Mr. Wayne continued, the items are minor in nature and there are no outstanding issues, therefore staff is recommending approval of agenda items #1 and #2. Mr. Wayne announced that the Commission's actions on these items are final unless appealed to the City Council within ten calendar days 1. MOTION: ACTION: VOTE: AYES: NOES: ABSTAIN: 2. MOTION: ACTION: VOTE: AYES: NOES: ABSTAIN: GDP 99-28 • CARLSBAD COAST - Request for a Coastal Development Permit to allow the subdivision of 25.3 acres into two parcels, on property generally located north of Batiquitos Lagoon, between Carlsbad Boulevard and the San Diego Northern Railroad right-of-way, in Local Facilities Management Zone 9. Motion by Commissioner Segall, and duly seconded, that the Planning Commission adopt, Planning Commission Resolution 4719, approving Coastal Development Permit CDP 99-28, based upon the findings and subject to the conditions therein. 7-0-0 Heineman, Compas, L'Heureux, Segall, Trigas, Nielsen, Welshons None None CUP 99-18 - AT&T WIRELESS/GRAND PACIFIC RESORT - Request for a Conditional Use Permit to allow the installation of a telecommunications facility at the Grand Pacific Resort site. The resort is located at 5805 Armada Drive in the C-T-Q/C-2-Q Zones and in Local Facilities Management Zone 13. Motion by Commissioner Segall, and duly seconded, that the Planning Commission adopt, Planning Commission Resolution 4698 approving Conditional Use Permit CUP 99-18, based upon the findings and subject to the conditions therein. 7-0-0 Heineman, Compas, L'Heureux, Segall, Trigas, Nielsen, Welshons None None 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4698 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A TELECOMMUNICATIONS FACILITY ON PROPERTY LOCATED AT 5805 ARMADA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 13 CASE NAME: AT&T WIRELESS/GRAND PACIFIC RE- SORT CASE NO.: CUP 99-18 WHEREAS, AT&T Wireless Services/Grand Pacific Resort, "Developer", has filed a verified application with the City of Carlsbad regarding property owned by Carlsbad Pacific Resort, LLC, a California Limited Liability Company , "Owner", described as Lot 2 of Carlsbad Ranch Hotel and Timeshare Resort C.T. 96- 01, according to Map No. 13719, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on February 3, 1999. ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits "A"-"F" dated January 19, 2000, on file in the Carlsbad Planning Department, AT&T WIRELESS SERVICE/GRAND PACIFIC RESORT, CUP 99-18, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of January 2000, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES AT&T WIRELESS/GRAND PACIFIC RESORT, CUP 99-18, based on the following findings and subject to the following conditions: 4 . Findings: 1. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and 7 is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the proposal: 8 A. Offers safety and convenience benefits to the public since it will improve and expand the service provided by a mobile communications system; 10 B. Is consistent with General Plan objectives and Zoning Ordinance and Carlsbad 11 Ranch Specific Plan standards because: 12 1. it will not be generally visible to the surrounding area; 13 2. it is not precluded by the commercial land use designations of the 14 project site as they allow quasi-public utility uses with a conditional use permit; 15 3. it will not interfere with the circulation, design, or operation of the Palisades Resort or other existing uses nearby because it is installed in 17 a rooftop cupola; and 18 4. it is consistent with all applicable development standards. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in ~~ that the existing cupolas in which the antennae are proposed and the storage room in which the equipment is proposed is adequate to accommodate all antennas and 21 equipment. 22 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that only modifications to the cupola will be necessary to enable facility installation that, when completed, will not change the cupola's appearance, size or location. 25 4. That the street system serving the proposed use is adequate to properly handle all traffic 26 generated by the proposed use, in that the proposed unmanned use would require, on average, only monthly maintenance. 2g 5. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that the facility, including its PC RESO NO. 4698 -2- antennas, would not interfere with the airport's runway flight protection zones and 2 airport noise would not affect the project. 3 6. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the 4 environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 (minor alteration to existing structures involving negligible or no expansion of use beyond that 5 previously existing) of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state 7 CEQA Guidelines do not apply to this project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit issuance. 11 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to . - revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy 14 issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No 15 vested rights are gained by Developer or a successor in interest by the City's approval of this Conditional Use Permit.16 , j 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them 18 internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development 19 different from this approval, shall require an amendment to this approval. 20 3. The Developer shall comply with all applicable provisions of federal, state, and local 2} ordinances in effect at the time of building permit issuance. 22 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project 23 are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with 25 all requirements of law. 26 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and 2' representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non- PC RESO NO. 4698 -3- discretionary, in connection with the use contemplated herein; and (c) 2 Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the 3 facility of electromagnetic fields or other energy waves or emissions. 4 6. The Developer shall submit to the City a reproducible 24" x 36", mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. 7. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have 7 a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the ° Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. 10 8. This Conditional Use Permit is granted for a period of 10 years. This permit may be 11 revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed 10 years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may 14 not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with conditions which- will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may 17 grant. 18 9. The Developer/Operator shall comply with ANSI/IEEE standards for EMF emissions. Within six (6) months after the issuance of occupancy, the Developer/Operator shall submit a project implementation report which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at the subject site. The report shall quantify the EMF emissions and compare the results with currently accepted 21 ANSI/IEEE standards. Said report shall be subject to review and approval by the Planning Director for consistency with the Project's preliminary proposal report and the 22 accepted ANSI/IEEE standards. If on review, the City finds that the Project does not meet ANSI/IEEE standards, the City may revoke or modify this conditional use permit. 10. Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all 25 interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution No. 4698 on the real property owned by the 26 Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. PC RESO NO. 4698 -4- Code Reminders: 2 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 3 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 13, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 7 12. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval.8 13. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building 1 o permit issuance, except as otherwise specifically provided herein. 11 12 NOTICE 13 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If 16 you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for 17 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or 1 ° annul their imposition. 19 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 20 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this 21 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 23 " 24 25 26 27 28 PC RESO NO. 4698 -5- 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on the 19th day of January, 2000 by the 3 following vote, to wit: 4 AYES: Chairperson Compas, Commissioners Heineman, L'Heureux, Nielsen, Segall, Trigas, and Welshons 6 NOES: 7 ABSENT: 8 9 ABSTAIN: . 10 WILLIAM COMPAS, Chairperson 12 CARLSBAD PLANNING COMMISSION 13 14 ATTEST: 15 16 MICHAEL J. 17 Planning Director 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 4698 -6- FILE COPT City of Carlsbad Planning Department October 1, 2009 Grand Pacific Palisades, LLC c/o Accounts Payable Department PO Box 4068 Carlsbad, CA 92018 SUBJECT: CUP 99-18 - AT&T WIRELESS/GRAND PACIFIC Our records indicate a letter was sent to you on September 1, 2009, advising you that your Conditional Use Permit (CUP) No. 99-18 was due to expire on January 19, 2010. To date, we have not received a response. We are enclosing a copy of the letter previously sent. If we do not hear from you by November 2, 2009, thereaway no longer be adequate time to process your application and schedule a hearing before the Planning Commission prior to expiration of your CUP. Should this occur, your CUP will become null and void and the usage will be required to cease. Should you have any questions, please contact Chris Sexton at (760) 602-4624. Sincerely, SABRINA MICHELSON Planning Department c: AT&T Wireless, Attn: Adeline Connolly, 9820 Willow Creek Road, Suite 310, San Diego, CA 92131 File Copy Chris Sexton, Planning Technician II Senior Office Specialist film A*FILE COP'' NOTICE OF EXPIRATION September 1, 2009 Grand Pacific Palisades. LLC 5805 Armada Drive Carlsbad, CA 92008 SUBJECT: CUP 99-18 - AT&T WIRELESS/GRAND PACIFIC This is a courtesy notice. In a recent audit of our records, we found that CUP 99-18 - AT&T Wireless/Grand Pacific, located at 5805 Armada Drive, will expire on January 19, 2010. Should you, the property owner, require an extension of this permit, please send the following: S Written request for an extension; S Completed Disclosure Statement (enclosed); •S Land Use Application (enclosed); S A check for the Noticing Fee; •/ A check totaling all additional application fees; S Additional information will be requested by the planner. Send the required documents: City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 Your request for an extension must be received before October 1, 2009, to allow adequate time to process your application and schedule a hearing before the Planning Commission. If you do not request an extension by this date, the permit will be considered invalid and to continue operating, you will be required to submit an application for a new permit, along with a check totaling all fees associated with initiating a new permit. Should you have any questions, please contact the Planning Department at (760) 602-4610. Sincerely, SABRINA MICHELSON AT&T Wireless, Attn: Adeline Connolly, 9820 Willow Creek Road, San Diego, CA 92131 File Copy Senior Office Specialist 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us PROJECT REVIEW On January 8, 2008, CUP 99-18 - AT&T Wireless/Grand Pacific was reviewed for compliance with the conditions contained therein. 1. The project was found to be in compliance with all of the conditions of Resolution No. 4698 and no further action was taken. ACTIONS/COMMENTS: Signed? c: File Copy Data Entry - only if #3 above is selected, the status of the project should be changed to Expired in Permits. PROJECT REVIEW On January 31, 2007, CUP 99-18 - AT&T Wireless/Grand Pacific was reviewed for compliance with the conditions contained therein. 1. The project was found to be in compliance with all of the conditions of Resolution No. 4698 and no further action was taken. ACTIONS/COMMENTS: Signed: c: File Copy Data Entry Data Entry - please note: if #3 above is selected, the status of the project should be changed to Expired in Permits. i PROJECT REVIEW On January 3, 2006, CUP 99-18 - AT&T Wireless/Grand Pacific was reviewed for compliance with the conditions contained therein. 1. The project was found to be in compliance with all of the conditions of Resolution No. 4698 and no further action was taken. ACTIONS/COMMENTS: Signed c: File Copy Data Entry Data Entry - please note: if #3 above is selected, the status of the project should be changed to Expired in Permits. PROJECT REVIEW On April 23, 2003, CUP 99-18 - AT&T Wireless was reviewed for compliance with the conditions contained therein. 1. The project was found to be in compliance with all of the conditions of Resolution No. 4698 and no further action was taken. ACTIONS/COMMENTS: Signed: /%'UXL c: File Copy Data Entry £a. PLANNING DEPARTMENT BUILDING PLAN CHECK REVIEW CHECKLIST Plan Check No. CB Planner APN: Address /te/v/\rg>Ar Phone (61 9) 438-1 161, extension Type of Project & Use:_ Zoning: CFD (in/out) #_ Circle One _ Net Project Density:.DU/AC General Plan:Facilities Management Zone: .Date of participation:Remaining net dev acres: Legend: (For non-residential development: Type of land used created by this permit: T&uZ^.cem . fAJ^OH^>H7e>»^ ) Item Complete Environmental Review Required: DATE OF COMPLETION: YES Item Incomplete - Needs your action TYPENO Compliance with conditions of approval? If not, state conditions which require action. Conditions of Approval: '. Q Q Discretionary Action Required: APPROVAL/RESO. NO. PROJECT NO. YESQ^ NO DATE! TYPE OTHER RELATED CASES: Compliance with conditions or approval? If not, state conditions which require action. Conditions of Approval: Coastal Zone Assessment/Compliance Project site located in Coastal Zone? YES SC NO CA Coastal Commission Authority? YES NO X If California Coastal Commission Authority: Contact them at - 3111 Camino Del Rio North, Suite 200, San Diego CA 92108-1725; (619) 521-8036 Determine status (Coastal Permit Required or Exempt): t^gyvfp* Coastal Permit Determination Form already completed? YES NO If NO, complete Coastal Permit Determination Form now. Coastal Permit Determination Log #: • .. . '. ' '.."•• Follow-Up Actions: 1) Stamp Building Plans as "Exempt" or "Coastal Permit Required" (at minimum Floor Plans). 2) Complete Coastal Permit Determination Log as needed. |T~) Q Inclusionary Housing Fee required: YES NO n D Q D D D D D (Effective date of Inclusionary Housing Ordinance - May 21, 1993.) Data Entry Completed? YES NO (A/P/Ds, "Activity Maintenance, enter CBff, toolbar, Screens, Housing Fees, Construct Housing Y/N, Enter Fee, UPDATE!) Site Plan: 1. Provide a fully dimensional site plan drawn to scale. Show: North arrow, property lines, easements, existing and proposed structures, streets, existing street improvements, right-of-way width, dimensional setbacks and existing topographical lines. 2. Provide legal description of property and assessor's parcel number. Zoning: 1 . Setbacks: Front: Interior Side: Street Side: Rear: 2. Accessory structure Front: Interior Side: Street Side: Rear: Structure separation 3. Lot Coverage: Required Required Required Required setbacks: /J/\- Required Required Required Required : Required Required Shown Shown Shown Shown Shown Shown Shown Shown Shown Shown 4-Required Shown 5. Parking: Spaces Required Guest Spaces Required fj [J Additional Comments frte Shown Shown . e OK TO ISSUE AND ENTERED APPROVAL INTO COMPUTER MICROFLECT PART# B1476 w/ MOUNTING HDWR INCLUDED. INTERIOR PROPOSED ATT ANTENNA DOWN-TILT MECHANISM (PROVIDED BY CONSTRUCTION MANAGER) PROPOSED ATT EXTERIOR STEALTH SCREEN MATTERIAL TEXTURED AND PAINTED TO MATCH EXISTING BUILDING EXTERIOR BEHIND WALL DETAIL SCALE: N.T.S. •&S 1 ^~*tZ F fji* R f*^ r1/1-' 1 « M n , CJ CJ CJ F CJ ]IE 1- i V (. t*« 1 .--.--y^ Fl "'t 'rn CJ a "c - L~ i |^ | 1 1 J r"• ''•'/ - S •:../n ;i- Y n •'•-,*" CJ R f >6. -:'. -•' ' i •t" .-' .: •" ;- 5 ;^;. ^",.V ;Sv '•ft'. ft ?''•'' ^f! the global leaoer IN TELECOM OUTSOURCING 9805 Scranton Road, Suite 245 San Diego, CA 92121 858-450-7387 fax 623-2079 June 6, 2000 Jason Martin City of Carlsbad Dear Jason, Please find attached two copies of the plans for the AT&T installation at the Grand Pacific Resort. We have been requested to hide the one antenna sector that was to be face mounted. The attached plans show that we will install the antenna inside the turret in the same manner as all Oof the other antennas in our installation. Please let me know if any additional plans or other needs arise from your review of this plan change. Thank you for all of your time and efforts on our behalf. Respectfully, RECEIVED JUN 11 2000 CITY OF CARLSBAD PLANNING DEPT. VICINITY MAP DCEAN THOMAS GUIDE PAGE 1126, J3 ADDRESS 5605 ARMADA DRIVE CARLSBAD. CA 92008 COORDINATES (NAD 83) LATITUDE: 33" 07' 29.0' NORTH LONGITUDE: 117" 18' 57.0- WEST AT&T WIRELESS SERVICES GRAND PACIFIC 5805 ARMADA DRIVE CARLSBAD, CA 92008 SD-0039 CONSULTANT TEAM PROJECT MANAGEMENT: PLANCOU. INC. 302 STATE PLACE ESCONDIDO. CA 92029 ERIC MEURS (949) 370-5939 (760) 735-4913 (FAX) ARCHITECT: WILLUU BOOTH * ROBERT SUAREZ ARCHITECTURE & PLANNING P.O. BOX 4651 CARLSBAD. CA 92018 (760) 4S4-B474 (760) 4S4-B596 (FAX) STRUCTURAL CONSULTANT: HARRY F. FLETTER. STRUCTURAL ENGINEER 615 NORTH CITRACADO PARKWAY ESCONDIDO. CA 92029 (760) 489-0681 (760) 489-0963 (FAX) ELECTRICAL CONSULTANT: THERE IS NO CHANGE TO ELECTRICAL SERVICE AND NO OTHER ELECTRICAL WORK IN THE PROPOSED SCOPE OF WORK MECHANICAL CONSULTANT: THERE IS NO MECHANICAL WORK IN THE PROPOSED SCOPE OF WORK SURVEYOR: THERE IS NO SURVEY WORK IN THE PROPOSED SCOPE OF WORK PROJECT SUMMARY APPLICANT: AT&T WIRELESS SERVICES 74BO CONVOY COURT SAN DIEGO. CA 92111 (858) 571-4100 OWNER: GRAND PACIFIC PALISADES LLC5050 AVENIDA ENCIKAS |200CARLSBAD. CA 92008CONTACT: LEONARD BARON(619) 827-4185 PROJECT DESCRIPTION: INSTALLATION OF ONE (1) 2 FT. SQUARE PANEL ANTENNA MOUNTEDBEHIND NEW HF TRANSPARENT SCREEN INSIDE EXISTING TOWER OFEXISTING HOTEL BUILDING. ONE COAXIAL CABLE SHALL BE RUN PARALLEL TO EXISTING COAXIALCABLE IN EXISTING CONDUIT. TRENCH OR TRAY. NO VISUAL IMPACT. ONE RADIO UNIT APPROXIMATELY THE SIZE OF A SMALL BRIEFCASE WILL BE INSTALLED IN AN EXISTING RADIO RACK IX THE EQUIPMENT ROOM. NO VISUAL IMPACT. LEGAL DESCRIPTION: LOT 2 OF PAflCEL MAP 17877. IN THE CITY OF CARLSBAD, COUNTYOF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAPTHEREOF. FILJD IN THE OFFICE OF THE COUNTY RECORDER OF SANDIEGO COUNT!' ON JULY 7, 1997. PROJECT ADDRESS: ASSESSORS PARCEL NUMBER: 211-022-28 5805 ARMADA DRIVE CARLSBAD. CA 92008 EXISTING ZONING: TOTAL SITE AREA: PROPOSED PROJECT AREA: TYPE OF CONSTRUCTION: C-T-Q/C-2-Q 531,432= 12.2 ACRES PARKING GARAGE TYPE I SPRINKLEREDUNITS TYPE V. I HOURSPRINKLERED EXISTING 13LDG. OCCUPANCY: R-1 UNITS T-1 A-1 SHEET SCHEDULE TITLE SHEET * PROJECT DATA SITE PLAN. ROOF PLAN i SOUTHWEST ELEVATION APPLICABLE CODES ALL WORK SHALL COMPLY WITH THE FOLLOWING APPLICABLE CODES: CALIFORNIA STATE BUILDING CODE. TITLE 24, 1998 EDITION UNIFORM BUILDING CODE, 1997 EDITION UNIFORM PLUMBING CODE, 1997 EDITION UNIFORM MECHANICAL CODE, 1597 EDITION NATIONAL ELECTRICAL CODE, 1996 EDITION IN THE EVENT OF CONFLICT, THE MOST RESTRICTIVE CODESHALL PREVAIL ACCESSIBILITY DISCLAIMER THIS PROJECT IS AN UNOCCUPIED WIRELESS PCS TELECOMMUNICATIONS FACILITY AND. ACCORDING TO WRITTEN INTERPRETATION FROM THE CALIFORNIA DEPARTMENT OF THE STATEARCHITECT, IS EXEMPT FROM DISABLED ACCESS REQUIREMENTS. PREPARED FOR AT&T WIRELESS SERVICES 7480 CONVOY COURT SAN DIEGO, CA 92111 APPROVALS R.F. ZONING CONSTRUCTION SITE ACQUISITION OWNER APPROVAL PROJECT DATE DATE DATE DATE DATE NAME GRAND PACIFIC PROJECT NUMBER SD-0039 5805 ARMADA DRIVE CARLSBAD, CA 92008 SAN DIEGO DRAWING DATES 8/22/02 9/10/02 20 REVIEW ZO SUBUITTAL SHEET TITLE TITLE SHEET & PROJECT DATA PROJECTS\c;ngulor\02074zd\02Cr7.fizT1.DWG EXISTTNS AT«T ANTENNAS TOTAL OF tU BEHIND EXISTINS RF TRANSPARENT SCREEN N 2V to1 SO' W PROPOSED AT«T WIRELESS 2 POOT SOUARE PANS. AHTBWA MOUNTED BEHIND leS RF TRANSPARBJT FA*e. ABOVE EXISTTNS LOWERED VENT SITE PLAN8CM£:t«V PROPOSED AT«T WIRELESSPANEL ANTENNA MOUNTED BEHIND NEW RF TRANSPARENT PANEL SOUTHWEST ELEVATION acMCMr-r-or EXISTINS AT4T WIRELESS ANTENNAS TOTAL OF It) BEHIND EXISTTNS RF TRANSPARENT SCREEN PROPOSED AT4T WIRELESS 2 FOOT SaUARE PANEL ANTENNA MOUNTED BEHIND NEM RF TRANSPARENT PANEL ABOVEEXISTTNS LOWERED VENT PROPOSED AT«T WIRELESS2 FOOT SQUARE PANEL ANTENNAMOUNTED BEHIND NEW RF TRANSPARENT PANEL ABOVE EXISTING LOWERED VENT EXISTINS RAINSUTTGR AND DOWNSPOUT EXISTINS AT4T WIRELESS ANTENNAS TOTAL OF <t> BEHIND EXISTTNS RF TRANSPARENT SCREENS EXISTINS TILE ROOF EXISTINS CABLE TRAY- AND CABLE PORT NEW RF TRANSPARENT PANEL TO MATCH EXISTHS WALL FINISH IN DETAIL, TEXTURE AND COLOR(SHOWN SHADED^ EXISTINS ROOF MBJ. .BGSrMS LOUVERED VEKT ELEVATION DETAIL " PL/IN rune PREPARED FOR ATfiT WIRELESS SERVICES 7480 CONVOY COURT SAN DIEGO, CA 92111 APPROVALS CONSTRUCTION SITE ACQUISITION OWNER APPROVAL PROJECT NAME GRAND PACIFIC PROJECT NUMBER SD-0039 5805 ARMADA DRIVE CARLSBAD, CA 92008 SAN DIEGO DRAWING DATES 8/22/02 ZD REVIEW 9/10/02 ZD SUBUITTAL SHEET TITLE SITE PLAN, ROOF PLAN & SOUTHWEST ELEVATION PBOJECTS\cmgular\0207«zd\0207azA1.DWG C*• ' e*» rI%fc.o 4? INCLUDED IN THESE SPECINCAT1ON5 AS If UUMPLtlLLY KLPKOUUCtD HEREIN. 2. THIS FACILITY IS AN UNOCCUPIED PCS TELECOMMUNICATIONS SITE AND IS EXEMPT FROM DISABLED ACCESS REQUIREMENTS. 3. PRIOR TO THE SUBMISSION OF BIDS, THE CONTRACTORS PARTICIPATING SHALL VISIT THE JOB SITE AND FAMILIARIZE THEMSELVES WITH ALL CONDITIONS AFFECTING THE PROPOSED PROJECT, WITH THE CONSTRUCTION AND CONTRACT DOCUMENTS, FIELD CONDITIONS AND CONFIRM THAT THE PROJECT CAN BE ACCOMPLISHED AS SHOWN PRIOR TO PROCEEDING WITH CONSTRUCTION. SHOULD ANY ERRORS, OMISSION, OR DISCREPANCIES BE .FOUND, THE GENERAL CONTRACTOR SHALL IMMEDIATELY NOTIFY WFI, INC. PROJECT MANAGER AND THE ARCHITECT IN WRITING. IN THE EVENT OF DISCREPANCIES THE CONTRACTOR SHALL INCLUDE THE MORE COSTLY OR EXTENSIVE WORK IN THE BID, UNLESS SPECIFICARY DIRECTED OTHERWISE. IF A DISCREPANCY EXISTS AND THE PROJECT MANAGER AND ARCHITECT ARE NOT NOTIFIED, THE GENERAL CONTRACTOR SHALL BE HELD RESPONSIBLE FOR ALL COSTS INCURRED TO REPAIR OR CORRECT ALL PROBLEMS THAT RESULT. 4. DRAWINGS SHALL NOT BE SCALED. FIGURED DIMENSIONS HAVE PRECEDENCE OVER DRAWING SCALE AND DETAIL DRAWINGS HAVE PRECEDENCE OVER SMALL SCALE DRAWINGS. CONTRACTOR SHALL CHECK ACCURACY OF ALL DIMENSIONS IN THE HELD. UNLESS SPECIFICALLY NOTED, DO NOT FABRICATE ANY MATERIALS, OR BEGIN ANY CONSTRUCTION UNTIL THE ACCURACY OF DRAWING DIMENSIONS HAS BEEN VERIFIED AGAINST ACTUAL HELD DIMENSIONS. 5. CONTRACTOR SHALL NOTIFY THE WFI. INC. PROJECT MANAGER AND THE ARCHITECT IF ANY DETAILS ARE CONSIDERED IMPRACTICAL, UNSUITABLE, UNSAFE, NOT WATERPROOF, OR- NOT WITHIN CUSTOMARY TRADE PRACTICE. IF WORK IS PERFORMED, IT WILL BE ASSUMED THAT THERE tS NO OBJECTION TO ANY DETAIL DETAILS ARE INTENDED TO SHOW THE END RESULT OF THE DESIGN. MINOR MODIFICATIONS MAY BE REQUIRED TO SUIT JOB CONDITIONS, AND SHALL BE INCLUDED AS PART OF THE WORK. B. EXISTING ELEVATIONS AND LOCATIONS TO BE JOINED SHALL BE VERIFIED BY THE CONTRACTOR BEFORE CONSTRUCTION. IF THEY DIFFER FROM THOSE SHOWN ON THE PLANS, THE CONTRACTOR SHALL NOTIFY THE WFI, INC. PROJECT MANAGER AND THE ARCHITECT SO THAT MODIFICATIONS CAN BE MADE BEFORE PROCEEDING WITH THE WORK. 7. ALL SYMBOLS AND ABBREVIATIONS USED ON THE DRAWINGS ARE CONSIDERED CONSTRUCTION STANDARDS. IF THE CONTRACTOR HAS QUESTIONS REGARDING THEIR EXACT MEANING, THE WFI, INC. PROJECT MANAGER AND THE ARCHITECT* SHALL BE NOTIFIED FOR CLARIFICATION BEFORE THE CONTRACTOR PROCEEDS WITH THE WORK. 8. THE CONTRACTOR SHALL OBTAIN AND PAY FOR PERMITS, LICENSES AND INSPECTIONS NECESSARY FOR PERFORMANCE OF THE WORK AND INCLUDE THOSE IN THE COST OF THE WORK TO WR, INC. 9. THE CONTRACTOR SHALL SUPERVISE AND DIRECT ALL WORK, USING HIS BEST SKILL AND ATTENTION. HE SHALL BE SOLELY RESPONSIBLE FOR ALL CONSTRUCTION MEANS, METHODS. TECHNIQUES. PROCEDURES AND SEQUENCES AND FOR COORDINATING ALL PORTIONS OF THE WORK UNDER THE CONTRACT. 10. WORKMANSHIP THROUGHOUT SHALL BE OF THE BEST QUALITY OF THE TRADE INVOLVED, AND SHALL MEET OR EXCEED THE FOLLOWING MINIMUM REFERENCE STANDARDS FOR QUALITY AND PROFESSIONAL CONSTRUCTION PRACTICE: NRCA NATIONAL ROOFING CONTRACTORS ASSOCIATION O'HARE INTERNATIONAL CENTER 10255 W. HIGGENS ROAD. SUITE 600 ROSEMONT, IL 60018 SMACNA SHEET METAL AND AIR CONDITIONING CONTRACTORS NATIONAL ASSOCIATION 4201 LAFAYETTE CENTER DRIVECHATILLY. VA 22021-1209 ITLP INTERNATIONAL INSTITUTE FOR LATH AND PLASTER820 TRANSFER ROAD ST. PAUL, MN 55114-1406 AMA ADHESIVE MANUFACTURERS ASSOCIATION 401 NORTH MICHIGAN AVENUE, SUITE 2400 CHICAGO. IL 60611 11. THE CONTRACTOR SHALL VERIFY, COORDINATE, AND PROVIDE ALL NECESSARY BLOCKING, BACKING, FRAMING. HANGERS OR OTHER SUPPORTS FOR ALL ITEMS REQUIRING THE SAME. 12. THE CONTRACTOR AND ALL SUBCONTRACTORS SHALL COMPLY WITH ALL LOCAL CODES. REGULATIONS, AND ORDINANCES AS WELL AS STATEDEPARTMENT OF INDUSTRIAL REGULATIONS AND DIVISION OF INDUSTRIAL SAFETY (OSHA) REQUIREMENTS. 11 THE CONTRACTOR SHALL PROTECT THE PROPERTY OWNERS, WFI, INC. AND AT&T PROPERTY FROM DAMAGE WHICH MAY OCCUR DURING CONSTRUCTION. ANY DAMAGE TO NEW AND EXISTING CONSTRUCTION, STRUCTURE, LANDSCAPING, CURBS, STAIRS, OR EQUIPMENT. ETC. SHALL BE IMMEDIATELYREPAIRED OR REPLACED TO THE SATISFACTION OF WFI. INC., OR THE PROPERTY OWNER, OR THE OWNER'S REPRESENTATIVE, AT THE EXPENSE OFTHE CONTRACTOR. 14. THE CONTRACTOR SHALL BE RESPONSIBLE FOR, AND SHALL REPLACE OR REMEDY, ANY FAULTY, IMPROPER, OR INFERIOR MATERIALS OR WORKMANSHIP OR ANY DAMAGE WHICH SHALL APPEAR WITHIN ONE YEAR AFTER THE COMPLETION AND ACCEPTANCE OF THE WORK BY WR. INC. UNDER THIS CONTRACT. 15. IT SHALL BE THE RESPONSIBILITY OF THE GENERAL CONTRACTOR TOLOCATE ALL EXISTING UTILITIES. WHETHER SHOWN HEREIN OR NOT, AND TOPROTECT THEM FROM DAMAGE. THE CONTRACTOR SHALL BEAR ALLFYPFWCFQ TAD DrDAip OD oroi A^rurwT r»F imimrc r\t> nTUFU WIRELESS SERVICES GRAND PACIFIC RESORT SITE NUMBER: SD039B 5805 ARMADA DRIVE CARLSBAD, CA 92008 VICINITY MAP TAX ASSESSORS PARCEL# 211-022-28 1999 THOMAS GUIDE PAGE# 1126 SITE DRIVE GRAND PACIFIC RESORT 5805 ARMADA DRIVE CARLSBAD, CAUFORINA 92008 GENERAL SPECIFICATIONS 16. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE COMPLETE SECURITY OF THE PROJECT SITE WHILE THE JOB IS IN PROGRESS AND UNTIL THE JOB IS COMPLETED AND ACCEPTED BY WFI. INC. 17. THE CONTRACTOR SHALL PROVIDE TEMPORARY WATER, POWER AND TOILET FACILITIES AS REQUIRED BY THE PROPERTY OWNER, WFI, INC., AND THE CITY OR GOVERNING AGENCY. 18 THE LATEST EDITION OF ALL PERMITTED AND APPROVED PLANS PERTAINING TO THIS PROJECT SHALL BE KEPT IN A PLAN BOX AND SHALL NOT BE USED BY WORKERS. ALL CONSTRUCTION SETS SHALL REFLECT THE SAME INFORMATION. THE CONTRACTOR SHALL ALSO MAINTAIN IN GOOD CONDITION. ONE COMPLETE SET OF PLANS WITH ALL REVISIONS, ADDENDA AND CHANGE ORDERS ON THE PREMISES AT ALL TIMES. THESE ARE TO BE UNDER THE CARE OF THE JOB SUPERINTENDENT. 19. THE CONTRACTOR SHALL REMOVE ALL RUBBISH AND WASTE MATERIALS ON A DAILY BASIS. AND SHALL EXERCISE STRICT CONTROL OVER JOB CLEANING THROUGHOUT CONSTRUCTION, INCLUDING FINAL CLEAN-UP UPON COMPLETION OF WORK. ALL AREAS ARE TO BE LEFT IN A BROOM CLEAN CONDITION AT THE END OF EACH DAY. 20. THE GENERAL CONTRACTOR MUST PERFORM WORK DURING PROPERTY OWNER'S PREFERRED HOURS TO MOID DISRUPTION OF NORMAL ACTNVTY. 21. ALL EXPOSED METAL SHALL BE HOT-DIPPED GALVANIZED. 22. SEAL ALL PENETRATIONS THROUGH FIRE-RATED AREAS WITH U.L LISTED OR FIRE MARSHALL APPROVED MATERIALS IF AND WHERE APPLICABLE TO THIS FACILITY AND PROJECT SITE. 23. PROVIDE A PORTABLE FIRE EXTINGUISHER WITH A RATING OF NOT LESS THAN 2-A OR 2-A10BC WITHIN 75 FEET TRAVEL DISTANCE TO ALL PORTIONS OF THE PROJECT AREA CONSTRUCTION. 24. ELECTRICAL POWER SYSTEM SHALL BE GROUNDED PER NEC ARTICLES 250 AND 810. 24. ALL NEW OPENINGS IN THE EXTERIOR ENVELOPE OF CONDITIONED SPACES SUCH AS AT WALL AND ROOF PENETRATIONS SHALL BE CAULKED OR SEALED TO LIMIT INFILTRATION OF AIR AND MOISTURE. PROJECT SUMMARY INSTALLATION OF A RADIO BASE STATION (RBS) IN A 16'-2"X13'-6" AREA IN THE PARKING GARAGE BELOW THE BUILDING. INSTALLATION OF THREE ANTENNA ARRAYS ON, THE SOUTHWEST SIDE OF THE SOUTH TOWER, NORTHWEST SIDE OF THE NORTH TOWER, AND THE NORTHEAST SIDE OF THE NORTH TOWER. 3 ARRAYS / 2 ANTENNAE PER ARRAY / TOTAL=6 ANTENNAE COAXIAL CABLE RUNS FROM RBS TO ANTENNAE A NEW TELEPHONE SERVICE RUN TO RBS. A NEW 200A ELECTRICAL SERVICE TO RBS NEW MANUAL TRANSFER SWITCH AND GENERATOR PLUG FOR EMERGENCY SERVICE RBS AREA IS APPROXIMATELY 208 S.F. LEGAL DESCRIPTION LOT 2 OF PARCEL MAP 17877, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 7, 1997. CONTACTS PROJECT MANAGES: WO, WIRELESS FACILITIES INC. 9805 SCRANTON ROAD, SUITE 1100 SAN DIEGO, CA 92121(619) 824-2929 CONSTRUCTION REPRESENTATIVE: SITE ACOUISTIONREPRESENTATIVE: PLANNING REPRESENTATIVE: R.F. ENGINEERINGREPRESENTATIVE: JEFF ALTENBURG JIM RODGERS KEVIN McGEE FARDIN ESHRAGHI WESTOWER DESIGN, INC. 9805 SCRANTON ROAD, SUITE 247 (6,9) 452.0132 £BQ£ERTY OWNER;GRAND PACIFIC PALISADES, UjC 5900 PASTEUR CT. STE. 200CARLSBAD CA CONTACT: LEONARD BARON/-7cn\ am — R7RR /rrt I \ SURVEYOR ATLAS LAND CONSULTANTS 1955 WEST 35TH STREET DENVER, CO 80211 (303) 883.9125 STRUCTURAL ENGINEER WESTOWER DESIGN, INC. 9805 SCRANTON ROAD. SUITE 247 (619) 452.0132 ELECTRICAL ENGINEER: WALTER D. CAMP. P.E. 8989 MONTROSE WAY SAN DIEGO, CA. 92122(619) 535-1585 SHEET INDEX T-1 TITLE SHEET A-1 SITE PLAN A-2 ROOF PLAN\EQUIPMENT LAYOUT A-3 SOUTH ELEVATION A-4 WEST ELEVATION A-5 EAST ELEVATION PROJECT STATISTICS ZONING: SITE AREA: LAND USE DESIGNATION: C-Z/CTQ APPROX. 400 SO. FT. COMMERCIAL TOURIST BUILDING DATA OCCUPANCY PROPOSED PROJECT: B TYPE OF CONSTRUCTION (EXISTING): V, 1 HOUR AREA PROPOSED PROJECT: 400 SF STORIES (EXISTING BUILDING): 6 APPLICABLE CODES ALL WORK SHALL COMPLY WITH THE FOLLOWING APPLICABLE CODES CLAIFORNIA STATE BUILDING CODE. TITLE 24 UNIFORM BULDING CODE, 1994 EDITION NATIONAL ELECTRICAL CODE, 1993 EDITION IN THE EVENT OF CONFLICT. THE MOST RESTRICTIVE CODE SHALL PREVIAL PROPRIETARY INFORMATION THESE PLANS AND SPECIFICATIONS HAVE BEEN PREPARED BY WESTOWERDESIGN, INC. AND ARE THE INSTRUMENTS OF SERVICE. PROTECTED BY COPYRIGHT LAWS. THEY MAY NOT BE REPRODUCED IN WHOLE OR IN PART, OR USED IN ANY MANNER, WITHOUT WRITTEN APPROVAL OF WESTOWER DESIGN, DRAWN BY: MJ REVISIONS DATE 1-21-9 7.19.99 6.05.00 DESCRIPTION REVISIONS RTM KM AKT COM OUTSOURCING GRAND PACIFIC RESORT 5805 ARMADA DRIVE CARLSBAD, CAUFORINA 92008 JOB# SD-039B TITLE SHEET N22*29'22"W8.84' N67'30'38"E9.00' N22*29'22"W 12.77' <•*;;>>4V- 03 DETAIL "A" N23-52'21"E 3.00' *>' N2319'00"E3.00' TRUE NORTH 0 150 5 Scale 1" = 150 ft 300 7.19.99 ;D ZujO Q s"i-y * <5^fe S**t Q.LJ<1 DRAWN BY: RTM REVISIONS DATE 6.05.99 DESCRIPTION RTM KM SERVICES SAN DIEGO, CAUFORNIA the global leaderIN TEtECOM OUTSOURCING GRAND PACIFIC RESORT 5805 ARMADA DRIVE CARLSBAD, CALIFORNIA 92008 JOB# SD-039B SITE PLAN PROPOSED An LEASE AREA LOCATED ON 2ND FLOOR OF EXISTING BUILDING PROPOSED ATT COAX CABLE RUN PROPOSED ATT ANTENNAE LOCATED BEHIND FACADE SECTOR 'B' 320- AZIMUTH COAX CABLE RUN PROPOSED ATT ANTENNAE LOCATED BEHIND FACADE SECTOR 'C' 90" AZIMUTH PROPOSED AU ANTENNAE LOCATED BEHIND FACADE SECTOR 'A' 200' AZIMUTH ROOF PLAN SCALE: 1 = 40-0 GRAPHIC SCALE 5 0 5 10 20 40 60 80 PROPOSED An 16'-2" X 13'-6" LEASE AREA PROPOSED An WALL PRIMARY GROWTH GROWTH GROWTH CABINET CABINET CABINET CABINET PROPOSED TELCO GROUND TO PARKING GARAGE EQUIPMENT LAYOUT SCALE: 1/4" = 1'-0" GRAPHIC SCALE 543210 1INCH = 40 ft. ( IN FEET )TRUE NORTH 1/4"=1'-0" (IN FEET) PROPOSED An COAX GROUND TO ROOF EXISTING WALL > ^\ \ vj > ORTHV iv I ii LJJJO fll .5 {/> **£% §§*iOs <r^ v)yisg-&EX i«giQS£|2(£ X ™i"fe5 O< , D «25SKgiifc-^QJ2 ?!|i liiiKH W•^ C -i UStoQ S8fK yv5^>m o< O-Hio£">«l^isZO rfgylfe FO V<f>' >• >-of zfCQ-<K OUJZSyu-o ft?QKo; tj Q- 1BSSJfcg^iPh--<-IZK2D.LJ< UJ aiz"IEU DRAWN BY: MJ REVISIONS DATE REVISIONS 5/21/99 REVISIONS 7/19/99 RTM 6/5/00 KM ^£2^^^^•^^^•i^^fc ^B^^^^Mfc^^^l^^^P AI8U WIRELESS SERVICES SAN DIEGO, CALIFORNIA ;J*Xy, ^^^f Erbv the global leader IN TECECOM OUTSOURCING BS'^SI^^^ » O ° S M BJfl t •?§ I |^|]i|i •H J^j in u 1^* 3 g 5Vl, Ijt *" z o>i;i| GRAND PACIFIC RESORT 5805 ARMADA DRIVE CARLSBAD, CAUFORINA 92008 JOB# SD-039B ROOF PLAN EQUIPMENT LAYOUT 5' MINIMUM SPACING BETWEEN ANTENNAE PROPOSED ATT ANTENNAE LOCATED BEHIND FACADE SECTOR 'A' 200' AZIMUTH BOTTEM OF FASCIA AGL ELEV. 42-6" ANTENNA RAD CENTER ZONING 5/13/99 DRAWN BY: MJ REVISIONS DATE 5/21/991 J7/19/99 6/05/OD DESCRIPTION REVISIONS RTM AftT GRAND PACIFIC RESORT 5805 ARMADA DR. CARLSBAD, CA 92008 5' MINIMUM SPACING BETWEEN ANTENNAE PROPOSED ATT ANTENNAE LOCATED BEHIND FACADE SECTOR 'B' 320' AZIMUTH BOTTEM OF FASCIA ANTENNA RAD CENTER 5/21/99 7/19/99 6/05/00 tJ „ -Iou•» rr &ll fi^U-K5>-o< UJO- OLJ O Imon *" 5/13/99 DRAWN BY: REVISIONS DATE DESCRIPTION REVISIONS RTM AT&T ttwdptnlh IN TELECOM OUTSOURCING GRAND PACIFIC RESORT --:--••; 5B05 ARMADA-DR. ' CARLSBAD, CA 92008 SD039BJOB# 5' MINIMUM .SPACING-.BETWEEN, ANTENNAE PROPOSED ATT ANTENNAE' BEHIND BUILDING WALL SECTOR' 'C' 90' AZIMUTH 7/19/99 ili&L_ t fff 2 ZONING 5/13/99 DRAWN BY: MJ REVISIONS DATE 6/5/00 DESCRIPTION RTM AKT tte ( IN TELECOM OUTSOURCING GRAND PACIFIC RESORT 5805 ARMADA DR. CARLSBAD, CA 92008 JOB* SD039B INCLUDtU IN IHLSt SPtCIHUA I IONS AS If UUMKLLILLT KtrKUUUULU HtKLIN. 2. THIS FACILITY IS AN UNOCCUPIED PCS TELECOMMUNICATIONS SITE AND IS EXEMPT FROM DISABLED ACCESS REQUIREMENTS. 3. PRIOR TO THE SUBMISSION OF BIDS, THE CONTRACTORS PARTICIPATING SHALL VISIT THE JOB SITE AND FAMILIARIZE THEMSELVES WITH ALL CONDITIONS AFFECTING THE PROPOSED PROJECT, WITH THE CONSTRUCTION AND CONTRACT DOCUMENTS, FIELD CONDITIONS AND CONFIRM THAT THE PROJECT CAN BE ACCOMPLISHED AS SHOWN PRIOR TO PROCEEDING WITH CONSTRUCTION. SHOULD ANY ERRORS, OMISSION. OR DISCREPANCIES BE FOUND, THE GENERAL CONTRACTOR SHALL IMMEDIATELY NOTIFY WF1. INC. PROJECT MANAGER AND THE ARCHITECT IN WRITING. IN THE EVENT OF DISCREPANCIES THE CONTRACTOR SHALL INCLUDE THE MORE COSTLY OR EXTENSIVE WORK IN THE BID, UNLESS SPECIFICALLY DIRECTED OTHERWISE. IF A DISCREPANCY EXISTS AND THE PROJECT MANAGER AND ARCHITECT ARE NOT NOTIFIED. THE GENERAL CONTRACTOR SHALL BE HELD RESPONSIBLE FOR ALL COSTS INCURRED TO REPAIR OR CORRECT ALL PROBLEMS THAT RESULT. 4. DRAWINGS SHALL NOT BE SCALED. FIGURED DIMENSIONS HAVE PRECEDENCE OVER DRAWING SCALE AND DETAIL DRAWINGS HAVE PRECEDENCE OVER SMALL SCALE DRAWINGS. CONTRACTOR SHALL CHECK ACCURACY OF ALL DIMENSIONS IN THE HELD. UNLESS SPECIFICALLY NOTED, DO NOT FABRICATE ANY MATERIALS. OR BEGIN ANY CONSTRUCTION UNTIL THE ACCURACY OF DRAWING DIMENSIONS HAS BEEN VERIFIED AGAINST ACTUAL HELD DIMENSIONS. 5. CONTRACTOR SHALL NOTIFY THE WFI, INC. PROJECT MANAGER AND THE ARCHITECT IF ANY DETAILS ARE CONSIDERED IMPRACTICAL. UNSUITABLE, UNSAFE, NOT WATERPROOF. OR NOT WITHIN CUSTOMARY TRADE PRACTICE. IF WORK IS PERFORMED. IT WILL BE ASSUMED THAT THERE IS NO OBJECTION TO ANY DETAIL DETAILS ARE INTENDED TO SHOW THE END RESULT OF THE DESIGN. MINOR MODIFICATIONS MAY BE REQUIRED TO SUIT JOB CONDITIONS, AND SHALL BE INCLUDED AS PART OF THE WORK. 6. EXISTING ELEVATIONS AND LOCATIONS TO BE JOINED SHALL BE VERIFIED BY THE CONTRACTOR BEFORE CONSTRUCTION. IF THEY DIFFER FROM THOSE SHOWN ON THE PLANS. THE CONTRACTOR SHALL NOTIFY THE WFI, INC. PROJECT MANAGER AND THE ARCHITECT SO THAT MODIFICATIONS CAN BE MADE BEFORE PROCEEDING WITH THE WORK. 7. ALL SYMBOLS AND ABBREVIATIONS USED ON THE DRAWINGS ARE CONSIDERED CONSTRUCTION STANDARDS. IF THE CONTRACTOR HAS QUESTIONS REGARDING THEIR EXACT MEANING, THE WFI. INC. PROJECT MANAGER AND THE ARCHITECT SHALL BE NOTIFIED FOR CLARIFICATION BEFORE THE CONTRACTOR PROCEEDS WITH THE WORK. 8. THE CONTRACTOR SHALL OBTAIN AND PAY FOR PERMITS, LICENSES AND INSPECTIONS NECESSARY FOR PERFORMANCE OF THE WORK AND INCLUDE THOSE IN THE COST OF THE WORK TO WFI, INC. 9. THE CONTRACTOR SHALL SUPERVISE AND DIRECT ALL WORK, USING HIS BEST SKILL AND ATTENTION. HE SHALL BE SOLELY RESPONSIBLE FOR ALL CONSTRUCTION MEANS, METHODS. TECHNIQUES, PROCEDURES AND SEQUENCES AND FOR COORDINATING ALL PORTIONS OF THE WORK UNDER THE CONTRACT. 10. WORKMANSHIP THROUGHOUT SHALL BE OF THE BEST QUALITY OF THE TRADE INVOLVED, AND SHALL MEET OR EXCEED THE FOLLOWING MINIMUM REFERENCE STANDARDS FOR QUALITY AND PROFESSIONAL CONSTRUCTION PRACTICE: NRCA NATIONAL ROOFING CONTRACTORS ASSOCIATION O'HARE INTERNATIONAL CENTER 10255 W. HIGGENS ROAD. SUITE 600 ROSEMONT, IL 60018 SMACNA SHEET METAL AND AIR CONDITIONING CONTRACTORS NATIONAL ASSOCIATION 4201 LAFAYETTE CENTER DRIVE CHATILLY. VA 22021-1209 ITLP INTERNATIONAL INSTITUTE FOR LATH AND PLASTER 820 TRANSFER ROAD ST. PAUL, MN 55114-1406 AMA ADHESIVE MANUFACTURERS ASSOCIATION 401 NORTH MICHIGAN AVENUE, SUITE 2400 CHICAGO. IL 60611 11. THE CONTRACTOR SHALL VERIFY, COORDINATE, AND PROVIDE ALL NECESSARY BLOCKING. BACKING. FRAMING, HANGERS OR OTHER SUPPORTS FOR ALL ITEMS REQUIRING THE SAME. 12. THE CONTRACTOR AND ALL SUBCONTRACTORS SHALL COMPLY WITH ALL LOCAL CODES, REGULATIONS, AND ORDINANCES AS WELL AS STATE DEPARTMENT OF INDUSTRIAL REGULATIONS AND DIVISION OF INDUSTRIAL SAFETY (OSHA) REQUIREMENTS. 13. THE CONTRACTOR SHALL PROTECT THE PROPERTY OWNERS. WFI. INC. AND AT&T PROPERTY FROM DAMAGE WHICH MAY OCCUR DURING CONSTRUCTION. ANY DAMAGE TO NEW AND EXISTING CONSTRUCTION, STRUCTURE, LANDSCAPING. CURBS, STAIRS. OR EQUIPMENT. ETC. SHALL BE IMMEDIATELY REPAIRED OR REPLACED TO THE SATISFACTION OF WF1. INC.. OR THE PROPERTY OWNER, OR THE OWNER'S REPRESENTATIVE, AT THE EXPENSE OF THE CONTRACTOR. 14. THE CONTRACTOR SHALL BE RESPONSIBLE FOR. AND SHALL REPLACE OR REMEDY, ANY FAULTY, IMPROPER, OR INFERIOR MATERIALS OR WORKMANSHIP OR ANY DAMAGE WHICH SHALL APPEAR WITHIN ONE YEAR AFTER THE COMPLETION AND ACCEPTANCE OF THE WORK BY WFI, INC. UNDER THIS CONTRACT. 15. IT SHALL BE THE RESPONSIBILITY OF THE GENERAL CONTRACTOR TO LOCATE ALL EXISTING UTILITIES, WHETHER SHOWN HEREIN OR NOT, AND TO PROTECT THEM FROM DAMAGE. THE CONTRACTOR SHALL BEAR ALLrvorkicrc cr»D oroiiB no oroi Arrurwr nr t mi mrc no nruro AT&T WIRELESS SERVICES GRAND PACIFIC RESORT SITE NUMBER: SD039B 5805 ARMADA DRIVE CARLSBAD, CA 92008 VICINITY MAP TAX ASSESSORS PARCEL# 211-022-28 1999 THOMAS GUIDE PAGE# 1126 SITE iA DRIVE GRAND PACIRC RESORT 5805 ARMADA DRIVE CARLSBAD, CALIFORINA 92008 GENERAL SPECIFICATIONS 16. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE COMPLETE SECURITY OF THE PROJECT SITE WHILE THE JOB IS IN PROGRESS AND UNTIL THE JOB IS COMPLETED AND ACCEPTED BY WFI, INC. 17. THE CONTRACTOR SHALL PROVIDE TEMPORARY WATER, POWER AND TOILET FACILITIES AS REQUIRED BY THE PROPERTY OWNER, WFI, INC., AND THE CITY OR GOVERNING AGENCY. 18 THE LATEST EDITION OF ALL PERMITTED AND APPROVED PLANS PERTAINING TO THIS PROJECT SHALL BE KEPT IN A PLAN BOX AND SHALL NOT BE USED BY WORKERS. ALL CONSTRUCTION SETS SHALL REFLECT THE SAME INFORMATION. THE CONTRACTOR SHALL ALSO MAINTAIN IN GOOD CONDITION. ONE COMPLETE SET OF PLANS WITH ALL REVISIONS, ADDENDA AND CHANGE ORDERS ON THE PREMISES AT ALL TIMES. THESE ARE TO BE UNDER THE CARE OF THE JOB SUPERINTENDENT. 19. THE CONTRACTOR SHALL REMOVE ALL RUBBISH AND WASTE MATERIALS ON A DAILY BASIS, AND SHALL EXERCISE STRICT CONTROL OVER JOB CLEANING THROUGHOUT CONSTRUCTION. INCLUDING FINAL CLEAN-UP UPON COMPLETION OF WORK. ALL AREAS ARE TO BE LEFT IN A BROOM CLEAN CONDITION AT THE END OF EACH DAY. 20. THE GENERAL CONTRACTOR MUST PERFORM WORK DURING PROPERTY OWNER'S PREFERRED HOURS TO AVOID DISRUPTION OF NORMAL ACTIVITY. 21. ALL EXPOSED METAL SHALL BE HOT-DIPPED GALVANIZED. 22 SEAL ALL PENETRATIONS THROUGH FIRE-RATED AREAS WITH U.L LISTED OR FIRE MARSHALL APPROVED MATERIALS IF AND WHERE APPLICABLE TO THIS FACILITY AND PROJECT SITE. 23. PROVIDE A PORTABLE FIRE EXTINGUISHER WITH A RATING OF NOT LESS THAN 2-A OR 2-A10BC WITHIN 75 FEET TRAVEL DISTANCE TO ALL PORTIONS OF THE PROJECT AREA CONSTRUCTION. 24. ELECTRICAL POWER SYSTEM SHALL BE GROUNDED PER NEC ARTICLES 250 AND 810. 24. ALL NEW OPENINGS IN THE EXTERIOR ENVELOPE OF CONDITIONED SPACES SUCH AS AT WALL AND ROOF PENETRATIONS SHALL BE CAULKED OR SEALED TO LIMIT INFILTRATION OF AIR AND MOISTURE. PROJECT SUMMARY INSTALLATION OF A RADIO BASE STATION (RBS) IN A 16'-2"X13'-6" AREA IN THE PARKING GARAGE BELOW THE BUILDING. INSTALLATION OF THREE ANTENNA ARRAYS ON, THE SOUTHWEST SIDE OF THE SOUTH TOWER. NORTHWEST SIDE OF THE NORTH TOWER, AND THE NORTHEAST SIDE OF THE NORTH TOWER. 3 ARRAYS / 2 ANTENNAE PER ARRAY / TOTAL=6 ANTENNAE COAXIAL CABLE RUNS FROM RBS TO ANTENNAE A NEW TELEPHONE SERVICE RUN TO RBS. A NEW 200A ELECTRICAL SERVICE TO RBS NEW MANUAL TRANSFER SWITCH AND GENERATOR PLUG FOR EMERGENCY SERVICE RBS AREA IS APPROXIMATELY 208 S.F. LEGAL DESCRIPTION LOT 2 OF PARCEL MAP 17877, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 7, 1997. CONTACTS PROJECT MANAGERS: WR. WIRELESS FACILITIES INC. 9805 SCRANTON ROAD, SUITE #100 SAN DIEGO, CA 92121 (619) 824-2929 CONSTRUCTION REPRESENTATIVE: SITE ACQUISTION REPRESENTATIVE: PLANNING REPRESENTATIVE: R.F. ENGINEERING REPRESENTATIVE: JEFF ALTENBURG JIM RODGERS KEVIN McGEE FARDIN ESHRAGHI ARCHITECT: WESTOWER DESIGN, INC. 9805 SCRANTON ROAD, SUITE 247 (619) 452.0132 OWNER: SURVEYOR ATLAS LAND CONSULTANTS 1955 WEST 35TH STREET DENVER. CO B0211 (303) 883.9125 STRUCTURAL ENGINEER WESTOWER DESIGN. INC. 9805 SCRANTON ROAD, SUITE 247 (619) 452.0132 ELECTRICAL ENGINEER: WALTER D. CAMP, P.E, 8989 MONTROSE WAY SAN DIEGO. CA. 92122 (619) 535-1585 GRAND PACIFIC PAUCADES, LLC 5900 PASTEUR CT. STE. 200 CARLSBAD CA CONTACT: LEONARD BARONr-iM <mi-R7aa SHEET INDEX T-1 TITLE SHEET A-1 SITE PLAN A-2 ROOF PLAN\EQUIPMENT LAYOUT A-3 SOUTH ELEVATION A-4 WEST ELEVATION A-5 EAST ELEVATION PROJECT STATISTICS ZONING: srre AREA: LAND USE DESIGNATION: C-Z/CTQ APPROX. 400 SQ. FT. COMMERCIAL TOURIST BUILDING DATA OCCUPANCY PROPOSED PROJECT: 8 TYPE OF CONSTRUCTION (EXISTING): V. 1 HOUR AREA PROPOSED PROJECT: 400 SF STORIES (EXISTING BUILDING): 6 APPLICABLE CODES ALL WORK SHALL COMPLY WITH THE FOLLOWING APPLICABLE CODES CLAIFORNIA STATE BUILDING CODE, TITLE 24 UNIFORM BULDING CODE, 1994 EDITION NATIONAL ELECTRICAL CODE, 1993 EDITION IN THE EVENT OF CONFLICT. THE MOST RESTRICTIVE CODE SHALL PREVIAL PROPRIETARY INFORMATION THESE PLANS AND SPECIFICATIONS HAVE BEEN PREPARED BY WESTOWER DESIGN, INC. AND ARE THE INSTRUMENTS OF SERVICE, PROTECTED BY COPYRIGHT LAWS. THEY MAY NOT BE REPRODUCED IN WHOLE OR IN PART, O! USED IN ANY MANNER. WITHOUT WRITTEN APPROVAL OF WESTOWER DESIGN.INC. AND SHALL REMAIN THE PROPERTY OF WESTOWER OFRIRN. INn ITS UKAWN BY: MJ REVISIONS DATE .-21-99 7.19.99 6.05.00 DESCRIPTION REVISIONS RTM KM WF%ttwqtoMlMdM' IN TELECOM OUTSOURCING GRAND PACIFIC RESORT 5805 ARMADA DRIVE CARLSBAD, CAUFORINA 92008 JOB# SD-039B TITLE SHEET N22'29'22"W8.84' N67-30'38"E9.00' N22-29'22"W 12.77' *X \ \•f \ \ < *f/)\%s\ \ SEE DETAIL "A" tj*7^>^5;y.. % # I/ DETAIL "A" N23-52'21"E3.00'*5•«o- 98' N23T9'00"E3.00' TRUE NORTH 150 300 Scale 1" = 150 ft Es"l UKAWN bY: KIM REVISIONS DATE 7.19.99 6.05.99 DESCRIPTION RTM KM ART SERVICESSAN DIEGO, CALIFORNIA the global leader IN TECECOM OUTSOURCING GRAND PACIFIC RESORT 5805 ARMADA DRIVE CARLSBAD, CALIFORNIA 92008 SD-039BJOB# SITE PLAN PROPOSED ATT LEASE AREA LOCATED ON 2ND FLOOR OF EXISTING BUILDING PROPOSED ATT COAX CABLE RUN PROPOSED ATT ANTENNAE LOCATED BEHIND FACADE SECTOR 'B' 320' AZIMUTH COAX CABLE RUN PROPOSED ATT ANTENNAE LOCATED BEHIND FACADE SECTOR 'C' 90' AZIMUTH PROPOSED ATT ANTENNAE LOCATED BEHIND FACADE SECTOR 'A' 200' AZIMUTH © ROOF PLAN SCALE: 1" = 40'-0" GRAPHIC SCALE 5 0 5 10 20 40 60 80 1INCH = 40 ft. ( IN FEET ) PROPOSED ATT WALL PROPOSED ATT 16-2 X 13-6" LEASE AREA GROWTH GROWTH GROWTHPRIMARY CABINET CABINET CABINET CABINET PROPOSED TELCO GROUND TO PARKING GARAGE EQUIPMENT LAYOUT SCALE: 1/4" = I'-O" GRAPHIC SCALE 543210 TRUE NORTH 1/4"=1'-0" (IN FEET) PROPOSED ATT COAX GROUND TO ROOF EXISTING WALL > -A \ ^J > ORTHUlt ill LJ f|l.5 (/) &£% Q -J QUJz CZ O ft IT <D^<ggSs— Q.,*..&uNZK5 -iY WESTOWER DESIGTHEY MAY NOT BE'PROVAL OF WESTOIS SUBSIDIARIES AND•<C slsy &LJ C K -7^§5g zPSga&?°moFKwv5is>m o< o:i-IQ£"!^^iplfe5ok^1^b. < £C oiu'zo!S^l ofi§uZOT=¥<feo;P "°°2!PH| Q-UJ< LJ3CL tHwi™* 1^F?oin DRAWN BY: MJ REVISIONS DATE REVISIONS 5/21/99 REVISIONS 7/19/99 RTM 6/5/00 KM 5EEE3E IPfsSSF ^jp WIRELESS SERVICES SAN DIEGO, CALIFORNIA wri£lthe global leader IN TECECOM OUTSOURCING K' o ~E 1 & 111 ^^ * X ? oi a •H J^J inw 1^* 3 g 5 vk Tl^ m z <n ^W|"" 5 |§3 H!' * 1^92- ^ »"sj^^ 5 S za • g GRAND PACIFIC RESORT 5805 ARMADA DRIVE CARLSBAD, CAUFORINA 92008 JOB# SD-039B ROOF PLAN EQUIPMENT LAYOUT 5' MINIMUM SPACING BETWEEN ANTENNAE PROPOSED ATT ANTENNAE LOCATED BEHIND FACADE SECTOR 'A' 200' AZIMUTH ^-y^^m-$--• *(]». i BOTTEM OF FASCIA AGL ELEV. 42-6" ANTENNA RAD CENTER AGL. ELEV. 39'-6' TOP OF ROOF AGL. aEV. 38'-6" 7/19/99 UJQ-O c UJ o T- .<noF <feafw°o - ZONING 5/13/99 DRAWN BY: MJ REVISIONS DATE i/21/99 DESCRIPTION REVISIONS RTM ART VWDflOH IN TELECOM OUTSOURCING GRAND PACIFIC RESORT 5805 ARMADA OR. CARLSBAD, CA 92008 5' MINIMUM SPACING BETWEEN ANTENNAE PROPOSED ATT ANTENNAE LOCATED BEHIND FACADE SECTOR 'B' 320' AZIMUTH BOTTEM OF FASCIA AGL ELEV. 3B'-6 ANTENNA RAD CENTER ->-0< !Q-UI < 5/13/99 DRAWN BY: REVISIONS DATE /19/99 i/05/00 DESCRIPTION REVISIONS RTM KM AfeT IN TELECOM OUTSOURCING GRAND PACIFIC RESORT -•;:-. :5BOS ARMADA--DR. - CARLSBAD, CA'92008 JOB# SD039B 5' MINIMUM SPACING BETWEEN ANTENNAE PROPOSED ATT ANTENNAE' BEHIND BUJLDING WALL SECTOR 'C' 90' AZIMUTH ANTENNA RAD"GENTER-B2 7/19/99 III >m .P"ell * IP ZONING 5/13/99 DRAWN BY: MJ REVISIONS DATE 6/5/00 DESCRIPTION RTM KM WFVflu. <ilj»i»»l l^mafaf INTCLECOM OUTSOURCING GRAND'PACIFIC RESORT 5805 ARMADA DR. CARLSBAD, CA 92008