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Home My WebLink AboutHDP 95-10; DENNIS RESIDENCE; Hillside Development Permit (HDP)AIL CITY OF CARLSBAD LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT (FOR DEPT USE ONLY) USE ONLy) 0 Master Plan 0 General Plan Amendment 0 Specific Plan 0 Local Coastal Plan Amendment 0 Precise Development Plan 0 Site Development Plan 0 Tentative Tract Map D Zone Change 0 Planned Development Permit 0 Conditional Use Permit 0 Non-Residential Planned Development ~lside Development Permit Vtb?~, 0 Condominium Permit 0 Environmental Impact Assessment 0 Special Use Permit D Variance 0 Redevelopment Permit 0 Planned Industrial Permit 0 TeHtatiYe Pafeel Map Obtain from Eng. Dept 0 Coastal Development Permit 0 Administrative Variance 0 Planning Commission Determination 0 Administrative Permit -2nd Dwelling Unit 0 List any other applications not specificed '1~1 (1~~tPArL,~ 2) LOCATION OF PROJECT: ON THE I NdlJt1.( 1 SIDE OF 18 f=U1Ut!~ I (NORTH, SOUTH EAST, WEST) (NAME OF STREET) BETWEEN 1 Acv r-J(:" orl AND I~D~ c..ON/~ c::;r. 1 (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: I L-eT <1-9. ~CM--o l..-t::. ~-~. 4) ASSESSOR PARCEL NO(S). I t., S'" ' 4-~ ( --/l-'-f I 5) LOCAL FACILITIES [1;J 6) EXISTING GENERAL PLAN IE] 7) PROPOSED GENERAL PLAN [ill MANAGEMENT ZONE DESIGNATION DESIGNATION 8) EXISTING ZONING ~l~ 9) PROPOSED ZONING 1 NC 1 10) GROSS SITE [j3J ACREAGE 11) PROPOSED NUMBER OF OJ 12) PROPOSED NUMBER ~ 13) TYPE OF SUBDIVISION ~ RESIDENTIAL UNITS OF LOTS 4 (RESIDENTIAL, COMMERCIAL ,INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL I 1 UNITS 15) PROPOSED INDUSTRIAL 1 ~ 116) PROPOSED COMMERCIAL 1 I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE NOTE: CITY OF CARLSBAD lAND USE REVIEW APPLICATION FORM 17) PERCENTAGE OF PROPOSED PROJEcr IN OPEN SPACE 1-0 18) PROPOSED SEWER USAGE IN EQUNALENT DWELLING UNITS I \ 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 20) PROJECT NAME: 21) BRIEF DESCRIPTION OF PROJECT: FArM\'-Y 22) IN TI-IE PROCESS OF TI-IIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING Cmv1MISSi<)~~~S;IGN REVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER TI-IE APPLICATION. VWE CONSENT TO ENTRY FOR THIS PURPOSE 23) OWNER NAME (PRINT OR TYPE) £.b£ tV!VJ.s FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPB FEE REQUIRED PAGE 2 OF 2 I../IDfX1s.-I () £. fit- /d2()t: 00 .Q.~O. 00 AUG 0 3 1995 errv OF C$1~JU,,~BA!l) ~ •• ·i ~ t"n~';f~~;'~ i7~~-r-"?-:~)~,) f'FF &?D () 0 RECEIVED BY: (5 TOTAL FEE REQUIRED DATE FEE PAID RECEIPT NO. ( · ..... : 12:23:41 First American Tide Insurance Company Vista Office: San Diego Office: 411 Ivy Street San Diego, CA 92101 (619)231-4607 965 South Santa Fe Avenue Vista, CA 92083 (619)758-8686 Prepared For: Frank White La Costa Sales & Rentals 7720 EI Camino Real #c Carlsbad Ca 92009 . ..... .:: ...... :. ',. . : : ....... . Pr.operty Address: O. El Fuerte Sf .'.:' ... :,:< .' Carl~bad 92199 : ...... > .: " .. :. Ass'elisor's Parcel No.:' il5-.491-2400 Title Repre~entative: .:: ,:," ',' ': .. ' " " ,:' ':':. ',:":' '" .,' ':': .:: This title' information has been furnished free of charge by First American Title in conformance with the rules established by the California Insurance Commissioner, who" urges you to shop for the best service available and compare charges and fees for title insurance, escrow and other services associated with the purchase of a home. This title information isfurnished as an accommodation only. The information contained herein is nol a complete statement or representation of the status of title to the property in question and no assllrances are made or liability assumed as to the accuracy thereof If you wish protection against loss with respect to the status of title, you should obtain a commitment, binder or policy of title insurance. Copyright (C) 1995 Dataquick Information Network (619)455-6900 Delivery: LM#18411 First American Title Company Property Profile Copyright (C) 1991 Dataquick Information Network (619)455-6900 First Owner. Donald E And Sharon Dennis Second Owner: Ownership. Mail Address: 1877 Amalfi Dr Encinitas, CA 92024-1285 Site Address: 0 Fuerte St Carlsbad, Ca 92199 Telephone Num: (619)4364097 Parcel Number: 215-491-2400 Census Tract: 06073 0200113 Map Page-Grid: 20 B511127 G7 Legal Descr: LOT 99\ Tract: 08302 Block: Lot: 99 ---------~-----Property Characteristics-------------- Use Desc: Vacant Land-Res Bedrooms: Zoning: R1 Bathrooms. No. Of Units: Total Rooms: Year Built. Lot Size. 38768 Square Feet: Garage: View. Pool. Fireplace: ---------------Sale & Loan Information-------------- Last Sale Date: 10/31/89 Cost/Sq. Foot: Sale Amount: 379850 (Full) Document No.: 0000592985 Lender: RETHMEIER ROGER Loan Amount: $229,85000 (Loan 2 Amount): Loan Type: Conventional (Loan 3 Amount)· -------------Assessment & Tax Information ------------- 12:23:-t7 Assessed Total: $230,000.00 Land Total' $230,000.00 Improvement: Percent Imp.: Exemption: Tax Amount: $2,877.70 Tax Status: Current Year Delinquent· Tax Rate Area' 009053 The Accuracy of the Abcn e Information is Deemed Reliable but is Not Guaranteed 08/01195 LM #18-l11 '. First American Title Company Comparable Sales Copyright (C) 1991 Dataquick Information Network (619)455-6900 The following analysis is based on 18 sales that were consumated within 12 months, The locations of the properties are within 3 miles of the subject property, The list following the analysis consists of the 18 closest properties. If, for example, the subject property characteristics were 2000 square feet, 3 bedrooms, 2 bathrooms, then only properties that were sold within 1 year and where the square feet was 1800-2200 and whose bedrooms numbered 2 to 4 and bathrooms numbered I to 3 were used as the sales com parables The model used to generate the following comparables may differ from the above example. Please contact your title representative for more information, Sale Price: Loan Amount: Square Footage: Number of Bedrooms: Number of Bathrooms: Year Built: Subject Property: Dennis, Donald & Sharon o Fuerte St Carlsbad 92199 APN: 215-491-2400 2: Cadigan, David o Ct Carlsbad 92112 APN' 215-491-0200 3: Razzaghi, Homayoun o Fuerte St Carlsbad 92008 APN: 215-493-0400 4: La Costa Estates Inc 7050 Via Ostiones Carlsbad 92009 APN: 215-572-2200 5: La Costa Estates Inc 7046 Via Ostiones Carlsbad 92009 APN.215-572-2300 6: La Costa Estates Inc 7042 Via Ostiones Carlsbad 92009 APN: 215-572-2400 Average: $545,722 $131,927 High' $788,000 $450,000 Sale Date: 10/31/89 Transfer Value: $379,850 Yr Bit: CostJSqFt: Sale Date: 02116/95 Transfer Value: $305,000 YrBlt Cost/SqFt: Sale Date: 10/26/94 Transfer Value: $200,000 YrBlt'. Cost/SqFt: Sale Date: 09/23/94 Transfer Value: $788,000 Yr Bit, Cost/SqFt: Sale Date. 09/23/94 Transfer Value: $788,000 YrBlt· Cost/SqFt: Sale Date' 09/23/94 Transfer Value: $788,000 YrBlt. Cost/SqFt: Low: $160,000 Lot Size: F Bed 1 Bath: Sq Ft' Lot Size' F Bed 1 Bath Sq Ft. Lot Size: F Bed 1 Bath Sq Ft: Lot Size: F Bed; Bath Sq Ft Lot Size F Bed I Bath. Sq Ft: Lot Size' F Bed I Bath: Sq Ft: The Accunlcy of the Above Information i~ Deemed Reliable but i~ Not Guaranteed 12:24:44 08/01195 "eo no = 4 ,.., -U1 #18411 38768 0/0.0 0 43124 010.0 0 23958 010.0 0 0 0/0,0 0 0 0/00 0 0 0/0.0 0 .' 7: La 'Costa Estates Inc e Sale Date: ./23/94 Lot Size' 0 . 7938 Via Ostiones Carlsbad 92009 Transfer Value: $780,000 F Bed 1 Bath' 0100 APN: 215-571-0100 Yr BIt: Cost/SqFt: Sq Ft: 0 8: La Costa Estates Inc Sale Date: 09/23/94 Lot Size: 0 7034 Via Ostiones Carlsbad 92009 Transfer Value: $780,000 F Bed 1 Bath. 0100 APN: 215-571-0200 Yr BIt: Cost/SqFt: Sq Ft· 0 9: Prado. Hans & C Sale Date 04/06/95 Lot Size. 0 7030 Via Ostiones Carlsbad 92009 Transfer Value: $326,500 F Bed 1 Bath: 0/00 APN.215-571-0300 Yr BIt: Cost/SqFt: Sq Ft 0 10: Golden, Steven & Kelly Sale Date: 06/16/95 Lot Size: 0 7026 Via Ostiones Carlsbad 92009 Transfer Value: $338,000 F Bed 1 Bath' 0100 APN 215-571-0400 Yr Bit· Cost/SqFt: Sq Ft 0 11: Shea, Joseph & Daryldean Sale Date: 05130/95 Lot Size 0 7022 Via Ostiones Carlsbad 92009 Transfer Value: $320,500 F Bed 1 Bath' 0100 APN' 215-571-0500 Yr Bit· Cost/SqFt: Sq Ft: 0 12: La Costa Estates Inc Sale Date: 09/23/94 Lot Size. 0 7018 Via Ostiones Carlsbad 92009 Transfer Value: $780,000 F Bed 1 Bath' 0100 APN' 215-571-0600 Yr Bit· CostlSqFt: Sq Ft: 0 13: La Costa Estates Inc Sale Date: 09/23/94 Lot Size: 0 7009 Via Ostiones Carlsbad 92009 Transfer Value: $780,000 F Bed 1 Bath: 0/00 APN 215-571-0700 Yr BIt: Cost/SqFt: Sq Ft 0 14: La Costa Estates Inc Sale Date' 09/23/94 Lot Size' 0 7013 Via Ostiones Carlsbad 92009 Transfer Value: $780,000 F Bed 1 Bath: 0100 APN' 215-571-0800 YrBlt Cost/SqFt: Sq Ft· 0 15: La Costa Estates Inc Sale Date: 09/23/94 Lot Size 0 7017 Via Ostiones Carlsbad 92009 Transfer Value: $780,000 F Bed 1 Bath: 0100 APN: 215-571-0900 Yr BIt: Cost/SqFt: Sq Ft: 0 16: La Costa Estates Inc Sale Date: 09/23/94 Lot Size 0 7023 Via Ostiones Carlsbad 92009 Transfer Value: $780,000 F Bed 1 Bath: 010.0 APN: 215-571-1000 Yr BIt: Cost/SqFt: Sq Ft. 0 17: Bertossi Sale Date' 12/20/94 Lot Size 0 o Dr Carlsbad 92008 Transfer Value: $179,000 F Bed 1 Bath 0/0.0 APN 215-610-0200 Yr BIt. Cost/SqFt: Sq Ft 0 18: Guendert Scott & Eleanor Sale Date: 05119/95 Lot Size. 0 o Dr Carlsbad 92008 Transfer Value. $160,000 F Bed 1 Bath: 010.0 APN. 215-610-0800 Yr Bit: Cost/SqFt: Sq Ft· 0 19: Ryan, David & Kathleen Sale Date. 06/27/95 Lot Size 0 o Dr Carlsbad 92008 Transfer Value: $170,000 F Bed / Bath' 0/00 APN: 215-610-0900 Yr BIt Cost/SqFt: Sq Ft 0 The Accuracy of the Above Information is Deemed Reliable but is Not Guaranteed 12:2-1:51 OS/01/95 LM#IS-Ill 1 2 3 4 5 6 7 8 9 10 11 e First American Title Company e Nearby Homeowner List Copyright (C) 1991 Dataquick Information Network (619)455-6900 Skoog, Mark Transfer Value: $220,000 Last Sale Date: 07111/88 APN: 215-491-1900 Dennis, Donald & Sharon Transfer Value: $379,850 Last Sale Date: 10/31/89 APN: 215-491-2400 Hahnke, Timothy & Paige Transfer Value: $770,000 7'23 I EI Fuerte St Carlsbad 92009 Last Sale Date 10/19/90 APN· 215-491-2300 Gomez, Raymond & Debra Transfer Value: $245,000 7223 EI Fuerte St Carlsbad 92009 Last Sale Date: 04119/88 APN.215-491-2500 Kuhnert, Daniel Transfer Value: $600,000 2660 Acuna Ct Carlsbad 92009 Last Sale Date: 03/30/94 APN: 215-491-2200 Faiman, John & Fumiko Transfer Value: $238,500 2650 Acuna Ct Carlsbad 92009 Last Sale Date: 03/03/89 APN: 215-491-2100 Lange, E & Anita Transfer Value: $425,000 2640 Acuna Ct Carlsbad 92009 Last Sale Date: OS/29/90 APN· 215-491-2000 Blue, Richard & Paterson Transfer Value: $593,000 7219 EI Fuerte St Carlsbad 92009 Last Sale Date: 04/08/93 APN· 215-491-2600 Jessop, Raymond & Roberta Transfer Value: 7215 El Fuerte St Carlsbad 92009 Last Sale Date: APN: 215-491-2700 Falk, Lewis & Jo Transfer Value: $620,000 7211 El Fuerte St Carlsbad 92009 Last Sale Date: 02/03/89 APN· 215-491-2800 Djekich, Ratko & Yovanka Transfer Value· 7302 Bolero St Carlsbad 92009 Last Sale Date. 07/23/92 APN. 215-491-2900 12:2~:58 The Accuracy of the Above Information is Deemed Reliable but is Not GuanlOtced 08/01/95 Sq Ft: Beds· Baths. Sq Ft. Beds. Baths: Sq Ft: 5328 Beds 5 Baths 3 0 Sq Ft 4292 Beds 4 . Baths. 3.0 Sq Ft 3660 Beds: 4 Baths: 45 Sq Ft. 5140 Beds. 4 Baths· 60 Sq Ft: 3556 Beds: 3 Batbs: 3.5 Sq Ft: 4663 Beds 5 Baths 30 Sq Ft 3977 Beds -, j Baths. 3.5 Sq Ft· 3996 Beds· 3 Baths. 3.0 Sq Ft 4981 Beds· 5 Baths 4.5 UI #115-111 .. First American Title Company Local Area Services Copyright (C) 1991 Dataquick Information Network (619)455-6900 SCHOOLS First Impressions 7703 Romeria St,Carlsbad 92009 La Costa Meadows Elementary 6889 El Fuerte St,Carlsbad 92009 LaCo~aHcighls8ementary 3035 Levante St,Carlsbad 92009 Compu-Help 7690 El Camino Real,Carlsbad 92009 North County Tutoring Agency 72] 9 Manzanita St,Carlsbad 92009 Play 'n Talk Phonics Courses 7105 Manzanita St,Carlsbad 92009 Aviara Oaks Elementary School 6900 Ambrosia Ln, Carlsbad 92009 Mission Estancia Elementary 3330 Calle Barcelona,Carlsbad 92009 Community Christian School 1645 S Rancho Santa Fe Rd,San Marcos 92069 Budget Driving School ,Encinitas 92024 HOSPITALS Tri-City Home Care Svc 2380 Camino Vida Roble # H,Carlsbad 92009 Scripps Memorial Home Care 2011 Palomar Airport Rd,Carlsbad 92009 CHURCHES La Costa Holy Cross Church 7676 El Camino Real,Carlsbad 92009 Project Winsome IntI 7720 El Camino Real, Carlsbad 92009 Distance: 95344 miles Distance 1.0040 miles Distance' 1.0540 miles Distance: 1.0550 miles Distance: 1.2659 miles Distance: 1.2758 miles Distance: 1.5272 miles Distance. 1.8797 miles Distance' 2.5433 miles Distance. 2.6021 miles Distance: 2.4376 miles Distance' 2.7619 miles Distance: 1 0550 miles Distance: 1 1075 miles 12:25:16 The Accuracy of the Abovc Information is Decmed Reliable but is Not Guaranteed 08/01/95 LM #18411 St Elizabeth Seton Church e 6628 Santa Isabel St,Carlsbad 92009 Christ Presbyterian Church 7807 Centella St,Carlsbad 92009 Chabad At La Costa 1980 La Costa Ave,Carlsbad 92009 North Coast Presbyterian Chr 1831 S EI Camino Real,Encinitas 92024 Church Of New Hope 3650 Paseo Del Lago,Carlsbad 92009 :vlahone Lydia Chin 6710 Paseo Del Vis,Carlsbad 92009 ~azdaznanElector 1701 Aryana Dr, Encinitas 92024 ~eadowlark Community Church 1918 Redwing St, San Marcos 92069 RESTAURANTS Southwest Hospita1ity Cnsltnts 2841 Torry Ct,Carlsbad 92009 Nadest Inc 7682 El Camino Real # 108,Carlsbad 92009 Don Pedro La Costa 7720 El Camino Real, Carlsbad 92009 Pasta Experience 7740 El Camino Real,Carlsbad 92009 RomaMia 7720 EI Camino Real,Carlsbad 92009 Grand Central Deli 7672 El Camino Real,Carlsbad 92009 Little Caesars Pizza 6985 El Camino Real,Carlsbad 92009 Le Bon Vivant 6981 EI Camino Real,Carlsbad 92009 Distance: 1.1893 miles Distance: I 1985 miles Distance 1.2998 miles Distance. 1.3994 miles Distance: 1.5272 miles Distance: 1.7293 miles Distance: 1. 9810 miles Distance: 2.0759 miles Distance: .2 J 595 miles Distance: 1.0550 miles Distance: 1 1075 miles Distance. J.l 075 miles Distance: 1.1075 miles Distance: 1.1161 miles Distance: 1.2778 miles Distance: 1 2795 miles 12:25:20 The Accuracy of the Above Information is Deemed Reliable but is Not Guaranteed 08101195 LM #18411 Tusc-any Ristorante-Bar-Cafe .6981 EI Camino Real,Carlsbad 92009 Togo's Eatery 6971 EI Camino Real, Carlsbad 92009 HOTEL/MOTEL La Costa Resort Hotel & Spa 2] 00 Costa Del Mar Rd,Carlsbad 92009 Resort Investment Marketing 7314 Borla PI,Carisbad 92009 Distance: 1.2795 miles Distance: 1.2845 miles Distance· 1. 1674 miles Distance: 1.4065 miles 12:25:22 The Accuracy of the Abovc Information is Deemed Rcliable but is Not Guaranteed 08/01/95 LM #18-111 .. e Demographic Profile e Census Tract: 0200.11 City: Carlsbad County: San Diego County Population Profile Total Population: 7,044 Age: 0-15 16-21 22-34 35-44 45-54 55-64 65 + Male: 10% 2% 11% 10% 7% 4% 5% Female: 9% 2% 13 % 10% 7 '% 4% 5 'X) Socio-Economic Profile Tract Average Household Income: $69,661 MSA Average Income: $44,375 H ousellOld $0-10K $10-20K $20-35K $35-50K $50-75K $75-100K $100K + Income: 84 306 373 501 828 359 451 Education: No DI~loma HS DI~loma AA Degree BAiBS Degree Grad Degree 323 779 535 1380 820 Profession: Executive I Sales I Farmer I Craft I Blue Collar I Administration Technical Fisher Repair Other 994 1558 19 239 145 Cars: 2 _3 4 None 545 1114 406 113 8 Travel Time: 0-10 10-20 20-40 40-60 60-90 90 + Work Home --(mmutcs) 405 1083 1496 565 157 313 221 Total Housing Units: 3,400 Housing Profile Homes Owner Renter SFR SFR Mobile Occupied Occupied Detached Attached MF 2-4 MF5+ Home And 2186 713 1381 1187 319 473 0 Condos: 1 Bed 2 Beds 3 Beds 4 Beds 5 + Beds 120 1326 1340 567 47 Year Householder Moved In: Before 1989-90 1985-88 1980-84 1970-79 1960-69 1950-59 1949 924 1344 362 241 20 8 8 Year Built: 148 930 871 1157 265 29 0 Mortgage and Selected Monthly Costs: $0-$799 $800-$1249 $1250-$1999 $2000 + Average Costs 80 440 715 411 $1,312.00 Gross Rent: $0-$499 $500-$749 $750-$999 $1000 + Average Rent 0 89 399 225 $1,007.00 Mortgage Costs as a Percentage of Household Income in 1989: 0%-20% 21%-24% 25%-29% 30%-34% 35% + 373 239 240 282 512 EW 12.43AC. .LERO ~ HT. J ffi ~ COUN·\ , &.lA' p~G(4Cj SHT I I.~.)ro",' In. t,' ~~ .. ·· •.• r ',' ro',pl O~ 2 r •• @ 1'0.}7 SHT. J ~ 215-49 j 5HT IOf2 1·~.200· ) ., rjJ .... -:-:J E\1 CHANGES OLolNEW n CUT ., OP SPACE £SMT (SUBJ :0 sPELIA __ '5= PEP.MI-) 2. _OC SDGi.E 200F, ESM- ~ MAP 8302-CARLSBAD ROS 9250.12154 all' f<-!11 45 . ; I J I ! I ! I I I J II-+<, 177 2,(, 4'1ot50 ')O~ I I I I I I I J ! 0D ••• 0idar ~Io .};~crow NO<'. Loon No. 993286-9 3073-J 89 -:. . .": ,..- 592ga5 ~ 1tQI.UT ~ filar .IImlt:.III tml .. • r:?i rl:O:COROro IN Pil I.. OrFWILL m::GOROS 1388 ('FS,H,::,' ;r.oU~Y,C,A WHEN RECORDED MAIL TO: DONALD E. DENNIS SHA~ON L. DENNIS 1877 AMALF'I DR. ENCINIT.~, CA 92024 MAIL TAX STATEMENTS TO, SAME AS ABOVE 89 OCT 31 PH "3: ~O "l VEHA L. LYL~_ I • ..£OU~I! '( ;::£r.ORO~ SPA(:l AUOVl: THIS LINE fun nr.conorn's uSE --------~~--~---~II DOCUMENTARY TRANSFER TAX $._ ... ~.!:c.:~~ __ ;7.Q~"~c ...... Computed on ,ho conllderDlion or v~lue of property convlYl!d; OR ...... Computed on Ihl comlder.tiOn arVal1J8 less Illms or encumbrcnces c~(emaining at !imo 01(*"' \ /'( , _ i}".....1...A.JL .. ~. __ Eftr..L~~_ Ignatur. of Otcl.rant or Ag,", dlletlnlnlng tax -,qtm Nam. -;;;lL) GRANT DEED FOR A VALUABL E CONSIDERATION, re<:eilJi of which is hereby acknowledgod, ROGER RETHNEIER hereby GRANTlS) to DONALD E. DENNIS AND SHARON L. DENNIS HUSBAND AND WIFE the rc"f\i?ro~<;?fWIi,,~ 01 County 01 SEE ATTACHED MADE A PART HERETO; 0,,-. bo~ o~} mo. tho Ulld 1'310nod. a Notary Public in and lor s.lId Slate. por· ·,rraPtJ·'ed..--: ..... r.; .. -+-1" -ei'" ..... -" ~" ... nCZ)€Y 1\e ~ m . 6-- per60nallv known to mo (lJf proved III me on tho basiS of salJS!nclory oVldonco) '0 bo Iho pOl!lonlsl wnoso narne,s) lsfaro ~ub:5(.ribed 10 Iho wilhln Instrument and BcknowJed03d 10 mo thut ho/lho/thoy oxoculod 'hf}'~me. " State of Cnhfornin. described as OfFICIAl. SEAl. MARLA MARTIN HOTAAY PUBLIC • CAl'fO'rv~ I'IlIN(;1f>Al omce H '-\11 ~oo COI.""" Io/y~E.zo ~.J.I992 WITNESS ~n~~Ofll~141J'0.1. . /\ ~ ~LJ~~~ (ThiS .rVA Jor oftlelol ol)lorl:ll w.l) ~nnIU' ------"~AIL TAX STATEMENTS AS DIRECTED ABOVE \002 (6/82) .I )I •• ..... rI I·, 1389 ORDER NO. 993266-9 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 99 OF CARLSBAD TRACT NO. 75-4 LA COSTA ESTATES NORTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8302, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 5, 1976. EXCEPTING THEREFROM 1/161'H OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS CONTAINED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 4 WEST, AS RESERVED BY THE STATE OF CALIFORNIA IN PATENT RECORDED APRIL 22, 1954 IN BOOK 5212, PAGE 490 OF OFFICIAL RECORDS, THE RIGHT TO THE USE OF THE SURFACE, INCLUDING ITS RIGHT TO ENTER SUCH LANDS TO A DEPTH OF 500 FEET BELOW THE SURFACE WAS RELEASED AND WAS QUITCLAIMED BY THE STATE OF CALIFORNIA TO LA COSTA LAND COMPANY BY A QUITCLAIM, RECORDED JUNE 30, 1971 AS FILE NO. 141047 OF OFFICIAL RECORDS. ALSO, EXCEPTING ONE-HALF INTEREST IN OIL AND MINERAL RIGHTS, FOR A PERIOD OF 20 YEARS FROM DATE OF RECOMMENDATION TO BE CONTINUED IF OIL OR MINERALS SHALL BE DEVELOPED WITHIN FIVE MILES OF THE PROPERTY, OTHERWISE TO REVERT TO THE LAND. RIGHTS OF EXPLORATION SHALL NOT BE INCLUDED, HOWEVER, SLANT DRILLING MAY BE WIDE FROM AN ADJOINING PROPERTY, PROVIDED THAT THIS DRILLING BE AT LEAST 100 FEET IN DEPTH MEASURED ANYWHERE ON THE ABOVE DESCRIBED, IN LOTS 3 AND 4 WEST HALF OF THE SOUTHWEST QUARTER SECTION 30, TOWNSHIP 12 SOUTH, RANGE 3 WE;ST AND THE EAST m.LF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY AS RESERVED BY GERMAIN 111. GRAEF, HORACE L. GRAEF AND ROBERT W. GRAEF, IN DEED RECORDED JUNE 27, 1960, AS FILE NO. l29955 OF OFFICIAL RECORDS. PAGE 7 i 1 I ! l ·. , .. - OrdtrNfj. (Vl.J);.JY,\.~ 'j , • Escrow N~. 3073-J Loan No. &mI!XD I<QV""I vi ,1;,.1 /J. L:r,~'.i flTU CD. WHEN RECORDED MAIL TO: MR. I03ER RE'rnMEIER 1510 S. Hill street O::eanside, CA 92054 1390 89 592966 rn ,1;:L:LfiOf.D IN ~ Of-TICI;.'. m:COROS ;F SMI r" t f(;IIS1Y, ~h. 89 OCT 31 PH ·3i ItO L VERA L. LYL~~ I _~OlJ'lT Y I-in:oll0f]..j _____________________ ..L ________ SPACI AIOVE THIS UN! 10. WECO.DU·S U$! ----44--. This DEED OF ThUST. made DEED OF TRUST WITH ASSIGNMENT OF RENTS (Thl,l)..-.! of Trutt _ III 8OOOIon11on doIntl this 30th day of October, 1989 , between OONALD E. DENNIS and SF.ARCN L. DENNIS, husband and wife as JaINI' ~~'n called TRUSTOR. whOse address Is 1877 AIralfi Drive, (Numn., Ind Str .. l) Encinitas CA 92024 (City) IS '81.) FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation. herein called TRUSTEE. and • hllfoln called BENEFICIARY, WITNESSETH: That Tru5tor grants to Trustee In Trust. with Power of Sal",. thaI property in the City of carlsbad County of San Diego • StsleofCalifornia. described as: Lot 99 of Carlsbad Tract No. 75-4 of LA COSl'A ESTATES NQRI'H, in the city of carlsb3.d, County of san Diego, State of califonlia, according to Map thereof No. 6302, filed in tile Office of the County Recorder of san Diego county, on May 5, 1976. BEING MJRE FULLY DESCRIl3ED IN THE ATrWfED EXHIBIT "A" A'ITl\CHED HERE'IO AND MIllE A PART HEREOF. If tho trullOr ... 11 .. n, ""nvtV or 8111not, Mid proPtrty, or .ny port thO/fo!. or .oy Into,m thor.in. or "'.11 be d.Vlned of hi'litio or Iny Into, ... t th,")n In fny rnaMIt' or way. whotllt,volunlarlly 0' onvolyntarUy, without tilt written cO","nt of tho bon,flclary b,lng flrn hid and oolOinod. bone- flela", "'"II hlvtt the ~ht •• t Its option, "'_I .. p<ohlbilld by law. \0 dod ... OIly IncHbtodllfl. or obligotlon. ucured horeby,I".,pocti .. of the matyrlty dIU .poelfled In any not. tvlclon"'ng tho ....... Immodl4lely dy, and pay_bla. T090thtr with tho ,on ... IssullS ond prof.ts theteof. subject. however. to tho right. pow" andoulio()tity h .... JnJf1.r given to Ind confcrr<>d upon 8enef,- ciary to collect and IPply $Uch ren .. , Juu., and profits. Fo, tho PU'POsa 01 Securing (1) payment of the oum of $ 229,850.00 with Interut ,h.,.."," aceOrding to lho term, of. promi:uo,y note or not4t$ of llVin date h4rowith n.,ade by Trunor, payablw to ordar of Beneficiary, "nd exteruions or r,nowal$ tl$eleof. and (2) the performance of each ag,"ment afTrustor incorporated byr.ference or cantainadh."rein (3) Plymantof addltlonallUmlloo intorestthereon which may htreafter b~ IOGnee! to Trultor. or his suo:essors or ~i9n'. whon evidgnced by a promis.sory not. or notiS rocUing that they ure secured by thIs O\Nd ofTru$l. To Prolecllhes.cu,i1Y 01 till' Detd of Trust. and wIlh 'OSP~ 10 the properlY IboYod"",rlbed. Tru .. or exp,essly mok .. aoch and all of thillg,eom.nls. and .oopt'1 Gnd OSIrHS to perlcrm sod blJ bound! by e~h and IU of tho torms and provisions set rorth in $ubdivision A, and it is mutually agreed that .. ch and ,II of th~ (arms and p'ovi'io~ .. 1 forth In S\Jbdiyj,ion B 01 the f.OIiliou. dt'<d 01 l<Vit r<ctl,ded in O,.nge County August 17. 1964. and in all other count in August 18. 1964. In the book..nd.at tho ~e of Official Rocords In the office of lh& county recorder of the county whore SDid property Is 1000ttd. nOled b910w opPOsilo tho name of wch county, namely: COUNTY eOOK PAGE COUNTY BOOK PAGE COUNTY 800K PAGE COUNTY 800K PAGE Alameda 1288 556 Kines 868 713 PI.IJC~r 1026 379 Slcrr" 38 187 Alp.nc 3 130-31 Lake 437 110 Plumas 166 1307 Silkiyou 506 762 Amador 133 438 L .... n 192 367 RlYersido 3718 347 Solano 1287 621 Butto t330 513 LooAngel", T·3878 874 SlCram.mtQ 6039 '24 Sonoma 2067 427 ClIlevllfu 185 338 M"".,. 911 136 S.sn B.nito 300 40& SUmisJ3lJS 1970 56 Colu;; 323 391 M~riCl 1849 122 ~n Bern.rdino 6213 768 Sutte, 655 585 Contra Costa 4684 1 M.,lposo 90 453 San Franci1CO A-8Ot 696 Tohama 457 183 0.1 Norto lOt 549 M'ffldocino 667 99 San Joaquin 2855 283 l'nnity lOB 595 el Dorado 704 635 M.,..cod 1660 753 540 Luis Obispo 1311 137 Tulare 2530 100 Frnno 6052 623 Modoc 191 93 San MOleo 4776 175 Tuolumne 177 160 GI"nn 409 78 Mono 69 302 ~Ilnta Barbara :£065 881 VItI.ura 2607 237 Humboldt 8:)1 B3 Montlt.y 367 239 Santa Clar. 6626 664 Y~lo 769 16 Imperial 1189 701 1'1""1 704-742 SantaCn.n 1638 607 YYba 396 693 Inyo 165 672 Ntvada 363 94 Shaota BOO 833 Kern 3756 690 Oranl1O 7182 18 San Di_SERIE!;5 Book 1S64.Poge 149774 s~i:l1I IrtUfO to Bnd ~lnd t.hg ~ia 116rol.o, with rol$.poc;t to the proporty ~V'C described. Slid agre~nU. term' and provisions contained in s..aid sub-drvisioR A and B# (tdtntlceJ in 811 Co • .mtiet. and pnnted on the rRVUr5B udo horeon lifO by th. within refcrenc08 thereto, Incorporuted herem and made a pan of 1)l,~ Dved (" Trust for III purpO~ D'S fully as if wt fonh at 1&t12th hire-in. and Benoticiary mov charge for B statement rt'garding th~ obligation HCured hereby. provided thft Ch"CVO thorcfor does not .;feHO the maximum oUowed by law. Tho undersigned 'rustor, reque:st$lhat • copy af any 1"K)tictt of d.fault .nd 80Y node. of saJe h¥fuundtrb .. mlHtd to him at his addrm hereinbefore set forth. I STATE OF CAI.IFORNIA Iss. COUNlYOF· ________ -.J OnL ____________________________________ __ belo,., me, the undur$lgned. • NOlaI)' Public In and for said Stal •• per· &onnllyappe8rOOL-_________ . ___ _ personalty ,",own to rno (or proved to me on the ba.!3 01 satl.'actO<)' o1ldence) to be \he peroonl,) whoa(> name(8) blare subscribed to Ihe within lnalNmont ~r.c! oc,,"ovd6d\led to ma that hu/sMllhoy execuled the same. WITNESS my hand and oHk:!aI ..,al. S~n.lw~. _________________ ___ Donald E, Dennis Sharon L. DePJ'lis (this IrM for offic:i.} notarial ".U 11021li/82j " , RflCCldfing Requested By. and Whm R.cordecI Mall To: ~AP{ CIEGOCOUNTY Tm.E e SAN' MARCOS NATIONAL a\NR 978 SAN MARCOS BLVD. SAN MARCOS, CA 92069 Order No.: 11200-01 Loan No.: 001718251/ 03650 1429 I ~. DEED OF TRUST With AssIgnment 01 Rents NOTICE: (BOX(ES) CHSCKED IF AP?IJCA8LE) Cl ntIS DEED Of TRUST secuRES AN IHDUTEDNESS WHICH PROVIDES fCRAVA!IWlI.E RATE Of INmlEST. o THIS DEED OF TRUST SECURES AN IHDEBTEDNESS WIilCII PROVIDES FOR AflEVOLYlHG UHf! OF CREDIT. THIS OEEDOFTRUST,I1lId.lIllS 27TH daycf HAY .19 92 btIwttn DONALD E. DENNIS and SHARON L. DENNIS HOSBAN''''';:;:D~ANO:-=''--'''WI=FE=---- uTRUSTOR,whOsea4dttUla 1877 AMALFI DRIVE ENCINITAS CA 92024 ~S~AN~~MAR~~C~O~S~N~A~T~I~O~N~AL~~BANK~~ ___________________________________ ,~T~~~ -:.S:::AN:::-:..:MAR:=:=CO=SoiNoniA~TI~OrnN~ALi:iriiBANK~t-''ii'A~~tlf'J'~IONAL~tf....B.AHKI~~NG~ASSOC~~IATl~rQN~ ____ • u BENEFICIARY, wIIose&.ddI_1t 978 SAN MARCOS BLVD: SAlfkARCos, CA 92069 WITNESSeTH: Tha1 TMtot Irrevocably GRANTS, TfWISFERS IIId ASSIGNS to TRUSTeE IN ~ ... V!TH POWER OF SALE.1IItI property In SAN DIEGO CoutIty.Ca!ifcmla.~Icnown~ 1877 IU'1IU..o1'I DRIVE, ENCINITAS ( CA. 92024, CA AND AM 215-491-24 BL FUERTE DRIV& and I'I1OAII partlculallyd~ =: PARCEL 1; CARLSBAD, CA. 92009 LOT 99 OF CARLSBAD TRACT NO. 75-4 IA COSTA ESTATES NORTH, IN THE CITY OF CARLSBllD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8302, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO SEE EXHIBIT "A" ATTACHED HERETO AND HADE A PART HEREOF BY REFImENCE HEREIN ~ FOR THE PURPOSE OF SECURiItG (11 ~ofth .. um 0I. ______ 2"'3~S"-• ...,6 .... 0~O'_',C!>Q~Q'__,wtth IntIIUt thereon a:cotdlng to ilia termI of. PROMISSORY NOTE oftmldalehtrn!th.lIgnt4by o FOR THE PURPOSe OF SECURING perfoonanoe of all piOl11IIu m&df and to _ paymtOt of all amountl owed from tIm,to time,lncIuding InlettSt and advanca and ~ undtflht following doculllllltl: (I). RwoMng toot. Ilgntd by 1" ."-!\t}. k I .'-S ..•. ..,,$ (' ,-~c '1 • ,. ,~, ""~ .A '<, • • y' o • FORM 1402 ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS NRT SCHEDULE A AMOUNT OF INSURANCE $379,850.00 DATE OF POLICY: OCTOBER 31, 1989 AT 3:40 P.M. 1. NAME OF INSURED: DONALD E. DENNIS AND SHARON L. DENNIS ORDER NO. 993286-9 POLICY NO. 993286-9 PREMIUM $228.00 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: FEE 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: DONALD E. DENNIS AND SHARON L. DENNIS, HUSBAND AND WIFE AS JOINT TENANTS 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "1" ATTACHED HERETO PAGE 1 FORM 1402 ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS ORDER NO. 993286-9 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, INTEREST, 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. (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. 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. PART TWO: 1. SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1989-90. 2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. AN EASEMENT FOR ELECTRIC TRANSMISSION LINES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION, RECORDED APRIL 22, 1954 IN BOOK 5212, PAGE 412 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PAGE 2 .. . \ ~I 1-. k I r-·1 ./- FORM 1402 ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS ORDER NO. 993286-9 SAID EASEMENT LIES NORTHERLY AND ADJACENT TO THE PROPERTY HEREIN DESCRIBED BUT CONTAINS THE FOLLOWING RECITAL: THE GRANTOR GRANTS TO THE GRANTEE, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO TRIM OR TOP AND TO KEEP TRIMMED OR TOPPED, ANY AND ALL TREES ON THE LANDS OF THE GRANTOR ADJACENT TO SAID RIGHT OF WAY STRIP FOR A DISTANCE OF 20 FEET FROM THE EXTERIOR LINES OF THE RIGHT OF WAY STRIP, TO SUCH HEIGHTS AS IN THE JUDGMENT OF THE GRANTEE, ITS SUCCESSORS OR ASSIGNS, SHALL BE REASONABLY NECESSARY FOR THE PROPER CONSTRUCTION, OPERATION AND MAINTENANCE OF SAID ELECTRIC TRANSMISSION LINE OR LINES BUT AT NO POINT OUTSIDE THE RIGHT OF WAY STRIP TO A HEIGH'l' OF LESS THAN 30 FEET. 4. AN EASEMENT FOR ELECTRIC TRANSMISSION LINES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION, RECORDED MAY 12, 1954 IN BOOK 5235, PAGE 130 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: SAID EASEMENT LIES NORTHERLY AND ADJACENT TO THE PROPERTY HEREIN DESCRIBED BUT CONTAINS THE FOLLOWING RECITAL: THE GRANTOR GRANTS TO THE GRANTEE, ITS SUCCESSORS AND ASS IGNS , THE RIGHT TO TRIM OR TOP AND TO KEEP TRIMMED OR TOPPED, ANY AND ALL TREES ON THE LANDS OF THE GRANTOR ADJACENT TO SAID RIGHT OF WAY STRIP FOR A DISTANCE OF 20 FEET FROM THE EXTERIOR LINES OF THE RIGHT OF WAY STRIP, TO SUCH HEIGHTS AS IN THE JUDGMENT OF THE GRANTEE, ITS SUCCESSORS OR ASSIGNS, SHALL BE REASONABLY NECESSARY FOR THE PROPER CONSTRUCTION, OPERATION AND MAINTENANCE OF SAID ELECTRIC TRANSMISSION LINE OR LINES BUT AT NO POINT OUTSIDE THE RIGHT OF WAY STRIP TO A HEIGHT OF LESS THAN 30 FEET. 5 . AN EASEMENT WITHIN LOT 99 AS SHOWN ON MAP FOR DRAINAGE AND INCIDENTAL PURPOSES AS SHOWN ON THE MAP OF SAID TRACT. 6. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, IN AN INSTRUMENT RECORDED MAY 19, 1976 AS FILE NO. 76-152036 OF OFFICIAL RECORDS. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. PAGE 3 FORM 1402 ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS e- ORDER NO. 993286-9 7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $229,850.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED OCTOBER 31, 1989 AS FILE NO. 89-592986 OF OFFICIAL RECORDS. DATED: OCTOBER 30, 1989 TRUSTOR: DONALD E. DENNIS AND SHARON L. DENNIS, HUSBAND AND WIFE AS JOINT TENANTS TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: ROGER RETHMEIER, AN UNMARRIED MAN PAGE 4 FORM 1402 ALTA OWNER'S POLICY WESTERN REGIONAL EXCEPTIONS ORDER NO. 993286-9 EXHIBIT "l" LOT 99 OF CARLSBAD TRACT NO. 75-4 LA COSTA ESTATES NORTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8302, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 5, 1976. EXCEPTING THEREFROM 1/16TH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS CONTAINED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 4 WEST, AS RESERVED BY THE STATE OF CALIFORNIA IN PATENT RECORDED APRIL 22, 1954 IN BOOK 5212, PAGE 490 OF OFFICIAL RECORDS, THE RIGHT TO THE USE OF THE SURFACE, INCLUDING ITS RIGHT TO ENTER SUCH LANDS TO A DEPTH OF 500 FEET BELOW THE SURFACE WAS RELEASED AND WAS QUITCLAIMED BY THE STATE OF CALIFORNIA TO LA COSTA LAND COMPANY BY A QUITCLAIM, RECORDED JUNE 30, 1971 AS FILE NO. 141047 OF OFFICIAL RECORDS. ALSO, EXCEPTING ONE-HALF INTEREST IN OIL AND MINERAL RIGHTS, FOR A PERIOD OF 20 YEARS FROM DATE OF RECOMMENDATION TO BE CONTINUED IF OIL OR MINERALS SHALL BE DEVELOPED WITHIN FIVE MILES OF THE PROPERTY, OTHERWISE TO REVERT TO THE LAND. RIGHTS OF EXPLORATION SHALL NOT BE INCLUDED, HOWEVER, SLANT DRILLING MAY BE MADE FROM AN ADJOINING PROPERTY, PROVIDED THAT THIS DRILLING BE AT LEAST 100 FEET IN DEPTH MEASURED ANYWHERE ON THE ABOVE DESCRIBED, IN LOTS 3 AND 4 WEST HALF OF THE SOUTHWEST QUARTER SECTION 30, TOWNSHIP 12 SOUTH, RANGE 3 WEST AND THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY AS RESERVED BY GERMAIN M. GRAEF, HORACE L. GRAEF AND ROBERT W. GRAEF, IN DEED RECORDED JUNE 27, 1960, AS FILE NO. 129955 OF OFFICIAL RECORDS. PAGE 5 e MAP NO. O.?uc ~... 1,.-, /EfliilitfffitfNl1fJIllJt#l'r;/urj CARLSBAD TRACT NO 7S 4 SHEET 8 OF 10 SHEETS __ {(_ F/P' Hil'~ SERIES ~ 8K. /, , U. A51'A!(('B. . _ 'to ~ \ .. 'I • 1/ I, 1 'i-() Gl I -----• ...", FIrst Americ.n Title Co~y 01 S.n Die/;o ~~'-:~~ ~ NdirJ?<o/.... ~~ J (LA COSTA ESTATES NORTH) I A ~ ~ .", •• ". ........ , •• O.C.L'.O •• ' •• ,,,,77< ; '<{o I, / ~ . ~ I ~M CO,>TA "I~~-"'" ---.• ----.• -. ",f ~ ! ---~ { -r-, ~ -U I\lrr 1\ -b ... " ~P, /' . "'~.i'T"/:;-~' ~i lvJ A p ~J" 0 J . J J 0 4 % \ '----111419' __ J 0 :' / 6!"1.mM1 ?f' . \ \ SI.£;; 1/I.4lCl? {J~Af8tr ?lJ C4~ -....... , 7367 --,,-<==::===:::.---N(;¢"I3'i'.1"If •. SU80lVlSION ~N~Ii'Y ~ <it'197.7, O,f ~ I-~-?!, F~~C"'ll<: , ,', ~ __ -______ . '*'7, \/_ ..... " --------No 6O~.s7'21. . .,.,' , '/"7~' 'Jr. \\ r. ~<&""'!:o.., _ ~=-'\:'o. . ..,.. -' ~ 'Oi. ~~ ---~__ \ ~----..\ ~I KI-I'IFa!. ~/8' ~ OJ'f' \$' ,c.. '.; ~ 'S?' ; ... E,f 6iSEkENT 1\ t>9tN7FO~~ SEE Otf7AI{ 'E; ~ff .... It! ~' 77 ol!'~7~" '1(, It, 114 'fI,.1 ( ... ~ \~'" ~. 4872AC1iE5 ( ~ itr6tSfilftlq 70 ~ ~NICIAf,( Il'ATBr ~ ~ ~ r/p ~ .tr.1.9r.s; O,..f. .,,-------- 110 1t?4E'(; ADTt$ i'095.SI' --------1,!'"--_ ------+-- "'95.91' ~{)(}' 81S77;ft1 iW' EASE~NT 70 s.w tviiS17 64S ,j EtEC7h1C Cl7 --------- I'i:W lI77UTY RJ!>~ ,fEC 4-l'I?-5-I, A5 tkl'~ ar. 2'R, A>. 43<', aN. 4 ~ 5-1<'-5-1, A5/JOC'r;e394, .~ 5i'9S, Pif1kJ,M. ~ WIT/( Ii'frlHT 70 TlirA( GI9 7l¥' ANY 1li'Et5 WI77I/N l'O' 57l!YP EACH $ ..... Q<' EASEMENT ~ IY WAY UH/lY. 15060i" en ----tr--- 100" ~ ~ ~~ ~JV --,ll'W i _ l-----:Ii ir!~a.l <) .\ 79 , &J .;: j SO \ 49 ~ I .. ~ .1!fi!'f!1 (", • ,'" ,-",."',., \ (/) , I -""""" .~ ~: ~: ~\-c'1:r.XlTtr1fU. 81 I ~ ~ ~ ... -' ~ ~!N I • ~.... -, it; ~~ ~ ~ _; '<:' ~V ~~ (~r--"r:Jo' ~<;h.. '\.\f' //'''.f ~. }!Af' -;( .. ~ .AY/\~ 51 \<>' ~ " '<!il ' ~_ • \~ ~~ ~\~ j ~~ :\ I 78 . l0i'8ACA!5'~1t '--....... '...... k',!"'~.".r~.~~-·~ll I '~. ~ " 3" ~ --.. ,s;;;;--..}i ~: ~ '" fP'~ ) " _.n ~~ f1"';;;,.~ i. ~A~.~ //~ \\._ \~>=.-~ 42 ttl (/) (. ~ t:1IC;'-· IJ):!'I' ,[I ~ HAD. • SOl8<f' .J.~~\?-"M~i;.... ./ ~ '" ~ 'rAt ,. I )..\tJ;i\!,t:: .~ Ai~ ~ ~ \,,~' 41 ~ A'/" 74 ~~. "" ,. \ fIJ?' SCALE "-50' ~'.;,.__ ,75 • , ' ~.---. --/ 5fi ' I I Jl7tJ~ \ \ --_ .... fIJJ- RICK !NQINt:f:IUHt COMPANY ,~' ~ \ \; .. ' -<--: .O"'''OPlCOILVO,CARLS.AO,CALlFORHlA,9200a 11tr====~~ 108 \ \ SEE SHEET \, \ '\ ' ---->.t.~W 57 NO 4-:............... utcosDt ,\ ~ . _____ 7 I'RO.If;CT IIO.~ · ' FIDELITY NATIONAL TITLE INSURANCE COMPANY 2763 Camino Del Rio South Phone(619) 295-7332 San Diego, California 92108 P.O. Box 85589,S.D., CA 92186-5589 RANCHO VISTA NATIONAL BANK 770 Carlsbad Village Drive Carlsbad, California Attention: Linda PRELIMINARY REPORT North county 748-4110 727-1852 & 753-6321 Your No. DENNIS Our Number 9508888-A Date: August 21, 1995 In response to the application for a policy of title insurance referenced herein, FIDELITY NATIONAL TITLE INSURANCE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies or 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 herein 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 Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance for a Policy or Policies 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. 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 written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. The form of Policy or Policies of title insurance contemplated by this report is: CLTA STANDARD COVERAGE POLICY-1990 Owners CLTA Loan Binder ALTA LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE ALTA Loan ALTA-R LP-10 X ALTA Extended Owners Dated as of August 15, 1995 at 7:30 A.M. FNTC Form No. 27-089-92 BOB WHITMOYER Title Officer/ael Page 1 .' PRELIMINARY REPORT PAGE NO. 2 ORDER NO. 9508888-A The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE Title to said estate or interest at the date hereof is vested in: DONALD E. DENNIS AND SHARON L. DENNIS, husband and wife, as joint tenants NOTE: It is our understanding that title to said estate or interest in said policy is to be vested in: The land referred to in this report is described as follows: SEE ATTACHED DESCRIPTION =============================================================================== At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as hereinafter shown. 1. General and Special taxes, a lien not yet payable, including any assessment collected with taxes, for the fiscal year 1995-96. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 3. An easement for underground facilities and above ground structures and incidental purposes, in favor of San Diego Gas and Electric Company, by document recorded April 22, 1954 in Book 5212, Page 492 and May 12, 1954 in Book 5235, Page 130 both of Official Records. Said easement is described as follows: The Northerly 20 feet. Reference is hereby made to said document for full particulars. 4. An easement over said land, as shown on the Map thereof, for 10 feet in wide drainage. 5. Covenants, conditions and restrictions, but deleting restrictions, if any, based upon, race, color, religion or national origin, as contained in instrument recorded May 19, 1976 as File No. 76-152036 of Official Records. Said instrument provides 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. PRELIMINARY REPORT PAGE NO. 3 ORDER NO. 9508888-A 6. A Deed of Trust to secure an indebtedness of $229,850.00, recorded October 31, 1989 as File No. 89-592986 of Official Records. Dated: October 30, 1989 Trustor: DONALD E. DENNIS AND SHARON L. DENNIS, husband and wife, as joint tenants Trustee: FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation Beneficiary: ROGER RETHMEIER, an unmarried man The amount due, terms and conditions of said indebtedness should be determined by contacting the owner of the debt. The beneficial interest under said Deed of Trust was assigned of record by mesne assignments of record to SPMG HYE RAMBOLDT. 7. An agreement to which reference is hereby made for full particulars, regarding drainage, recorded April 6, 1992 as File No. 92-0194849 of Official Records. 8. A Deed of Trust to secure an indebtedness of $235,600.00, recorded June 9, 1992 as File No. 92-0356849 of Official Records. Dated: Trustor: Trustee: Beneficiary: May 27, 1992 DONALD E. DENNIS AND SHARON L. DENNIS, husband and wife SAN MARCOS NATIONAL BANK SAN MARCOS NATIONAL BANK, a National Banking Association The amount due, terms and conditions of said indebtedness should be determined by contacting the owner of the debt. Covering this and other property. 9. NOTE: The, following matter is shown for information only: An inspection of this property will be made prior to recording the Trust Deed to be insured, if such an inspection discloses any evidence of commencement of a work of improvement, either on-site or off-site, the coverage for mechanic's lien insurance will be deleted from the policy, unless all the necessary documentation for indemnification have been submitted to this company and such indemnification has been formally approved by it, prior to the recording of the Deed of Trust. PRELIMINARY REPORT PAGE NO. 4 ORDER NO. 9508888-A 1994-95 TAX INFORMATION: Code Area: Parcel No. 1st Installment: 2nd Installment: Based on Land: 9053 215-491-24 $1,438.85 POSTED PAID 12/9/94 $1,438.85 POSTED PAID 12/30/94 $230,000.00 NOTE: If taxes are posted paid less than 45 days, the Company will hold the tax amount plus delinquency amount until 45 days has elapsed. If taxes have been paid through an impound account and we are furnished written confirmation of same or you can provide us with a copy of the cancelled check, this requirement will be waived. If a monthly payment of any existing Deed of Trust is made within 30 days of closing, the Company will hold an amount equal to that payment until 30 days has elapsed. If a cancelled check or other form of proof of payment can be furnished for this payment, then this hold policy will be waived. NOTE: The wiring instructions listed below are for this specific transaction involving the Title Department of the San Diego office of Fidelity National Title. These instructions therefore should not be used in other transactions without first verifying the information with our accounting department. It is imperative that the wire text be exactly as indicated below. Any extraneous information may cause unnecessary delays in confirming the receipt of funds. Receiving Bank Bank ABA No. Beneficiary Account No. Reference WIRE TRANSFER INSTRUCTIONS TITLE DEPARTMENT -SAN DIEGO BANK OF AMERICA NT & SA Branch 507 1275 Rosecrans Street San Diego, California 92106 121000358 FIDELITY NATIONAL TITLE COMPANY 050-7916151 Title Officer BOB WHITMOYER Title Order No. 9508888-A The charge for a policy of title insurance, if issued through this Title Order, will be based on the Short-Term Rate. ... PRELIMINARY REPORT PAGE NO. 5 LEGAL DESCRIPTION ORDER NO. 9508888-A Lot 99 of CARLSBAD TRACT NO. 75-4 LA COSTA ESTATES NORTH, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 8302, filed in the Office of the County Recorder of San Diego County, on May 5, 1976. EXCEPTING THEREFROM 1/16th of a~l coal, oil, gas and other mineral deposits contained in the East Half of the Southeast Quarter of Section 25, Township 12 South, Range 4 West, as reserved by the State of California in Patent recorded April 22, 1954 in Book 5212, Page 490 of Official Records, the right to the use of the surface, including its right to enter such lands to a depth of 500 feet below the surface was released and was Quitclaimed by the State of California to La Costa Land Company by a Quitclaim, recorded June 30, 1971 as File No. 141047 of Official Records. ALSO EXCEPTING one-half interest in oil and mineral rights, for a period of 20 years from date of recommendation to be continued if oil or minerals shall be developed within five miles of the property, otherwise to revert to the land. Rights of exploration shall not be included, however, slant drilling may be made from an adjoining property, provided that this drilling be at least 100 feet in depth measured anywhere on the above described, in Lots 3 and 4 West Half of the Southwest Quarter Section 30, Township 12 South, Range 3 West and the East Half of the Southeast Quarter of Section 25, Township 12 South, Range 4 West, San Bernardino Meridian, as reserved by Germain M. Graef, Horace L. Graef and Robert W. Graef, in Deed recorded June 27, 1960 as File No. 129955 of Official Records. 8/21/95 ael .. SPECIAL NOTICE California Insurance Code Section 12413.1 which was enacted by Chapter 598 of the Laws of 1989 (A.B. 512) effective January 1, 1990, regulated the disbursement of escrow funds by Title Companies. Funds received by Fidelity National Title Insurance Company via wire transfer may be disbursed upon receipt. Funds recei ved by this Company via cashiers check or tellers check may be disbursed on the next business day after the day of deposit. IF ESCROW FUNDS (INCLUDING SHORTAGE CHECKS) ARE DISBURSED TO THIS COMPANY OTHER THAN BY WIRE TRANSFER OR CASHIERS CHECK OR TELLERS CHECK, DISBURSEMENT AND/OR CLOSING WILL BE DELAYED 3 TO 7 BUSINESS DAYS. Questions concerning deposit and/or disbursement of escrow and sub-escrow funds and recording should be directed to your title officer, escrow officer or loan payoff officer. OUTGO~NG W~RE TRANSFERS W~LL NOT BE AUTHOR~ZED UNT~L WE HAVE CONF~RMAT~ON OF OUR RECORD~NG AND 1 OF THE FOLLOW~NG: 1. WE HAVE RECE~VED CONF~RMAT~ON OF THE RESPECT~VE ~NCOM~NG W~RE. 2. COLLECT~ON OF A DEPOS~TED CHECK. NOTE: On any open credit line or equity credit line loans: Fidelity National Title Insurance Company will require the borrower to turn in any unused checks to the lender and do whatever is necessary to have the lender freeze or terminate the account, otherwise their demand makes us responsible for any checks or cash withdrawals that are outstanding and we will be forced to hold the difference between the principal and the maximum that can be borrowed until the lender has received our payoff check and the account is zeroed. EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE SCHEDULE OF 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, attorney's 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, 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 ereded 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 defec!, 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 poilcy; (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. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the Inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage, and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the Insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim which arISes out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that IS based on: (i) the transaction creating the Interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (il) 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. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay los; or damage, costs, attorney's 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, 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, hen 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 pubhc 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 has 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 or transfer; or (b) of such recordation to impart notice to a purchaser for value or a Judgment or lien creditor. The above ALTA pol icy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also Include the following General Exceptions: SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Taxes Or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedil'lgs, 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 inspedion of the land or which may be asserted by persons in possession thereof. PART 1 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. , . EXHIBIT A AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorney's fees and expenses resulting from: 1. Governmental policy 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 • improvements on the land • land division • 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 knowledge 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 is 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 and 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. SCHEDULE B EXCEPTIONS In addition to the Exclusions, you are not insured againnst loss, costs, attorney's fees, and the expenses resulting from: 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 3. Any facts about the land which a correct survey would disclose and which are not shown by the pUblic records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. 4. Any water rights or claims or title to water in or under the land, whether or not shown by the publ ic records. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY· 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorney's 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) r~stricting, 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, 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 occured 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. 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 this 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. SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the publ ic 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. FNTIC FORM NO. 089-94A (2/95) Preliminary Report Exhibit A PART 1 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. 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CARLSBAD, ~LlFOANIA 92008 434-2867 REC'D f,ROM ACCOUNT NO. DESCRIPTION AMOUNT , . ' Cl/ • .., to .LI-nP C; f'-; C). / t1l ~ > -)~ ..... .-. ) /I~() rElitJ? II l~o ! C ..... "j'2,..!l '" /'/7 co< -. .-,. ~'-'A -". ~~ p::7 \ / erA / ,L.' ) ,-,Ii;; .:y" ,tj ?~-tJ ",0:; ••• ..J } -"' .10 ,I '_j'~__ • '"""'I, ... "". l:. ;1c ·r 1-./ fo""" {{;?h .it. (~7 J'I.~; \ ,J .. ~ } ..... t;(;J o--a . ",,'- 3015 {}SlO3l$'$ :tOOl 03. 02 ", .. __ I _ ... .. ~ .. -.,- .,-TI'\I'II -.J7V."';V • • • • • • • i • • ,", • 1¢5. 0 =< t;, • RECEIPT NO. NOT VALID UNLESS VALIDATED BY TOTAL > • ~,~--rt' • CASH REGISTER * Printed on recycled paper. . ACCOUNT NO. DESCRIPTION AMOUNT II -(jr-:: r ) \)[ /:) \ , J--IT)j:; If) '\ ,'. --, I ()(') ( --1-( kiLl r(, I} ,JU)L r -\' ~ I -z \ . ) \ '/ -----! -\ /1,( t--t ()\ ~ ~-\ . /\ - . -(, (I -_A.~x y --' 1':1 l I\tj .. 1' • .. I I I I I : 25113 : RECEIPT Nd. NOT VALID UNLESS VALIDATED BY TOTAL Ci :~--- I <it} Printed on ,"cycled paper_ _ ~A$H REGISTER ~ City of Carlsbad _" hi.,. Ii He' -ZDeE"',,[4." DISCLOSURE STATEMENT APPLICANT'S STAiEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL ~EQUI~E DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED SOARD. COMMISSION OR COMMITT'EE (Please Pnnt) The following information must be disclosed: 1 . Applicant List the names and addresses of all persons having a financial interest in the application. 2. Owner 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the Pertnership. Atje 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. ~IA FRMOOO13 8/90 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 , , (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards Commissions, C./mmittees and Council within the past twelve months? Yes _ No _/_~I Iff yes, please indicate person(s} ____________________ _ Person II defined u: 'Any individual, firm, copartnership. joint venture. aslociation, social club, fraternal organization. corporation. estate. trust. ~r. syndicate. thil and any other county, city and county, city municipality, district or other political lubdivillon, or any other group or combination acting as a unit' (NOTE: Attach additional pages as necessary.) . Signature of Owner/date ~ 'A/2PJA! . .])E,II;1 jS J-3-9~ FRMOOO13 8/90 • Cit of Carlsbad ------==~~~~--~=-~- DISCLOSURE STATEMENT APPUCANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMIITEE. (Please Print) The following information must be disclosed: 1. AppUcant Ust the names and addresses of all persons having a financial interest in the application. 2. Owner 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 1 0% of the shares in the corporation or owning any partnership interest in the partnership. 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. FRMOOO11 4/91 ~------------------~~~--~~~~~~~~~~--~~~~77~ 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 • (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Q6mmittees and Council within the past twelve months? Yes _ No _/_ ' If yes, please indicate person(s) ________________ _ Person is defined at: 'Any individual, firm, copartnerahip, joint venture, uaociation, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district 01' other political subdivision, 01' any other group or combination acting ... unit.' (NOTE: Attach additional pages as necessary.) Signature of Owner/date I Signa ;ZY/J/~.iL) ,6 ,oc//Y/S k!ll?~/ L.,DElY/IId ~1T l<:. \LIlA£.. • Print or type name of owne;7 Print or type name of applicant FRMOOO11 4/91 • PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: APPLICANT NAME: • ~1t ~ .. lL\M(2 .keCkt\~. 7 Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also Include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. A ~(~~€.. ~~u'f. ~>\~~ Or S~ ~Ff. w~""" A"""~D FnJf2-cJ4{L G-~&E. * (l..~ <;Q ''Fr. e>tJ I::. Mlf'J\ ~lNl( ~Lcf{N~ ~ (..;ovA~p ~ -?'t-'L"l a Fv fl{l;ffi ( (A)T 99 / U1J~ l~ C-eYrA) G~(f.J(; v..'nLL. Itv\P~w: ~ ~l<;n~t!> ~6t4 E"~P ~ b<:cE.-S~ fO (1-f-\Jeu> 't>(V\"€-VJ-b~ .AND GUT ,.rAt> AP·~iA) t=e~ ~ ~\E..Pfev '<3l-~S bF (l+fe ~ , 1) b-Ncti · ~l:. ~tJ\tJ(, ~5 WI L,..L ~ ~$-rfJ...AJtr£O \b ~Te.. J;. C/{~UL/'o1-»fUvt..~ raND ~t>LL , ~!5A~~ 't~'LP ~(~ 1, Rev.4/i1 ProjO •• e.frm '--- • e HILLSIDE D~;MENT PERMITe HILLSIDE DEVELOPMENT ·PERMIT AMENDMENT INFORMATION SHEET GENERAL INFORMATION This sheet generally explains how your Hillside Development Pennit (HDP) will be processed. If you have any questions after reading this, please call the Planning Department at 438-1161 or review Chapter 21.95 of the Carlsbad Municipal Code and the Hillside Development Guidelines. When a Hillside Development Pennit is needed: A Hillside Development Pennit (HDP) is required when development is proposed on land with a slope gradient of 15% or greater and a slope height of greater than 15 feet. Development means building, grading, subdivision or other modification of a hillside area. It is highly recommended that you, as an applicant: 1) review Chapter 21.95 and Chapter 11.06 of the Carlsbad Municipal Code (The Hillside Ordinance, Excavation and Grading); and 2) discuss the Hillside Development with a City Planner before submitting an application for a Hillside Development Pennit. The H.illside Development Pe..r.m.it should be submitted concurrently with any pennit or application for development of a Hillside area. How your Hillside Development will be Processed Generally the steps involved in reviev",ing your Hillside Development Pennit application are as follows: 1. A Hillside Development Pennit application is submitted to the Planning Department at 2075 Las Pa1mas Drive. The application m~st be submitted with and reference any other p~rmit application such as a building or grading pennit, tentative map, etc. All ~ submitted shall be folded to 8-1/2-x 11-. Information items required: {a. A completed Land Use ReView Application Form. V b. Five (5) copies of the slope analysis -Include north a.."IOW and scale (see Section 21.95.020 of Carlsbad's Municipal Code). The slope analysis should be the same scale as the site plan and grading plan. Acres % ----..- Identify slopes (1) o to less than 15% slope DO 00 (2) 15% to less than 25% slope 0, &J/7t-90 0 (3) 25% to less than 40% slope o ,04 At. 5 0 (4) 40% or greater slopes o .04 A<-§D Indicate the acreage of land in each slope category TOTAL s;.ctr:? 100% FRMOOO11 10/92 Page 1 of 5 ~. e. % Sle = Vertical Distance x 100 Horizontal Distance (Distance between contour intervals) Five (5) copies of the slope profile(s) -Include vertical and horizontal scale. A minimum of three (3) slope profiles (slope cross sections) shall be provided and indexed on the constraints map. See Section 21.95.020(b) of the Carlsbad Municipal Code for additional requirements. Assurance of slope analysis and slope profile accuracy. Both the slope analysis and slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer or land surveyor indicating the datum, source and scale of topographic data used in the slope analysis and slope profiles, and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified. Five (5) copies of a preliminary landscape plan on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size. The scale should be consistent with all other exhibits. Each landscape plan shall contain the following information: ./( 1) -/(2) Landscape zones per the City of Carlsbad Landscape Manual. Typical plant species, quantity of each species, and their size for each planting zone in a legend. (Use symbols). An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. 6 Landscape maintenance responsibility rivat or common) for all areas. 03) 04) /( 5) ?cr(-6)-.~ Percent of site used for landscaping. 709" Water Conservation Plan. ~ f. Show with a site plan, grading plan, landscape plan, and building plans and elevations how development fulfills the following Hillside Development and Design Standards (21.95.060). Submit five (5) sets of each plan. fJAc 1) Coastal Zone Requirement (if applicable). 7 ~~ontour grading. / . ~ea or extent of grading. To define the area or~tPf grading, the area in acres, of both cut excavation and areas hall be calculated. TIlls calculation shall be noted on the pamc cut or J fill area. 4) Screening graded slopes. )-5) View preservation and enhancement. ~~~~,dw~-=s~i~ __ , (9) ~crJ. ~ Hillside architecture. Hilltop architecture Hillside dramage Man-made slope height and volume of grading cut or fill. Volume of earth moved for cuts and fills shall be minimized. The larger volume of the total cut or total fill volumes divided by the total area in acres that is cut and filled (that is graded) shall equal the volume of hillside grading for this chapter. The relative acceptability of hillside grading volume shall be determined by the following: FRMOOO11 10/92 l Page 2 of 5 k. ['f\ (11) ~(12) _ubic Yards of Cut or Fill Grading per Acre of Cut and Fill Area (in Acr~s) o -7,999 Cubic yds./ acre 8,000 -10,000 Cubic yds./acre > 10,000 cubic yds./acre ative Sensitivity of Hillside Grading Volume Acceptable Potentially acceptable Unacceptable If Sections 21.95.060(c)(2) and G)(4) of the Carlsbad Municipal Code are applicable to the proposed project please provide the written findings required by those sections. Potential development and design standard modification. If requesting a modification to the development and design standards pursuant to Section 21.95.070 provide the necessary findings and plans required by that section. Environmental Impact Assessment Form (separate fee required). Public Facility agreement: Two (2) copies: One (1) notarized original, and one (1) reproduced copy. (separate fee required). A completed "disclosure statement". Three (3) copies of a preliminary title report (current within the last six (6) months). If Hillside Development Permit is not accompanied by any other permit, also include the following information on slope analysis: location, slope and width of driveway, building setbacks, location of any retaining walls and drainage systems. 2. A Planning Department counter person generally checks your application for completeness. If your application is incomplete, it cannot be accepted. If your application appears complete, it is accepted. 3. The Hillside Development Permit application is typically reviewed, processed, and approved concurrent with the first permit or application you may have with the City for that hillside area. 4. For approval of a Hillside Development Permit the followjng findings must be made: a. That hillside conditions and undevelopable areas of the project have been properly identified. b. That the development is consistent with the pwpose, intent and requirements of the Hillside Ordinance to: ( 1) Assure hillside alteration will not result in substantial damage or alteration of significant natural resource areas, wildlife habitats or native vegetation areas; ( 2) Preserve the natural appearance of hillsides by assuring that development density and intensity relates to the slope of the land, o and is compatible with hillside preservation. FRMOOOll 10/92 Page 3 of 5 ( 3) Assure proper design is utilized in grading, landscaping, and in the development of structures and roadways to preserve the natural appearance of hillsides. (4) Preserve and enhance a healthful and aesthetically pleasing environment by assuring that hillside development is pleasing to the eye, rich in variety, highly identifiable, and reflects the City's cultural and environmental values. ( 5) Assure hillside conditions are properly identified and incorporated into the planning process. ( 6) Implement the intent of the land use and open space/conservation elements of the Carlsbad General Plan. ( 7) Prevent erosion and protect the lagoons from excessive siltation. ( 8) Encourage creatively designed hillside development requiring a minimal amount of grading. ( 9) R~duce the intensity of development on hillside areas to ensure all development that does occur is compatlble with the existing topography. c. That hillside development is consistent with the Hillside Development and Design Standards (21.95.60) and substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual. d. That development is consistent with the provisions of Section 21.53.230 and 240 of the Carlsbad Municipal Code. Submit a completed "Project Description/Explanation" sheet. Deposit for Publication of Notices -See Fee Schedule for amount. ~ \ 00 FRMOOOll 10/92 Page 4 of 5 'J PROJECf NUMBER 1. Land Use Review Application Form 2. Slope Analysis (S Copies) 3. Slope Profile (S Copies) 4. Environmental Impact Assessment Form (Separate Fee required) S. Site Plan. Grading Plans. Preliminary Landscape Plan. Building Plans. Elevations (S each) 6. Disclosure Statement 7. Title Report (3 Copies) 8. Application Fees. (Planner to include Application Number and Account Number on receipt) 9. PFF Agreement (2 Copies) (Separate Fee Required) The original PFF Agreement with the application number written in the lower right hand comer and one copy of the title report must be sent to the City Clerk's Office by the Planning Department for review and recordation) 10. Planner to date stamp the application materials and plans. Application materials must be given to data entty as soon as possible on the same day they are submitted. DATE ______________ __ SIGNATURE ________________________ _ ,FRMOOO11 10/92 Page 5 of S 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. Rev. 4/81 ProjO •• c.frm Cit of Carlsbad -----~~~~~---~~~ DISCLOSURE STATEMENT APPUCANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMrrrEE. (Please Print) The following information must be disclosed: 1 . Applicant Ust the names and addresses of all persons having a financial interest in the application. 2. Owner Ust the names and addresses of all persons having any ownership interest in the property involved. 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. FRMOOO11 4/91 -2-0-7-S--L-a-s-P-a-'-m-a-s-O-r-iv-e---.--C-a-r'-s-b-a-d-,-C-a-'if-o-r-n-ia--g-2-0-0-9-.-1-S-7-6--.--( 6--1-9-:-) -:4-:~-:8::-.--:-1--:-1-:6~1 * (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes _ No _ If yes, please indicate person(s) ________________ _ Person is defined as: 'Any individual, firm, copartnerthip, joint venture, aMOCiation, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, thia and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as a unit.' (NOTE: Attach additional pages as necessary.) Signature of Owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant FRMOOO11 4/91 DEFINITIONS PLANNING DEPARTMENT ADMINISTRATIVE POLICY renccs e Polil:Y No. 21 EITcctive Date 3 11 2 / 90- I. h:IIL'C ... \ \l.:rtical barrier or l.:ndusun: cOllstructed of any material v.hich supports no other load other than its ov. n ,-"eight. Wall· A solid fence. 3. Rdaining Wall -A wall designed to resist the lateral displacement of soil or other materials: said materials being substantially equal to the height of the wall. The term "wull" in Section 21.40.130 of the Zone Code and other applicable sections of the wde shall be interpreted to mean retaining walls in addition to solid fences. 4. S,Ii'l:tv Railing -An open fence not to exceed Jo" in height. The snid openings, nct\~een the !lIuteri,lis of '-"hich the fence is constructed must not represent less than 70 percent of the total surface of em:h five foot linear section when viewed perpendicular to the face of the fence. 5. The total height of all walls, fences. retaining walls. and combination fence/retaining walls in a required setback shall not exceed the following limits: A. In a required front yard setback. the total height shall not exceed 42 inches, (Example -Two 42 inch retaining walls would not be permitted nor a 42 inch retaining wall and another 42 inch fence). B. In a required side and rear ymd sethm.:k. the total height shall not exceed 6 feet. (Example • A 4 ft. retaining wall and a 5 [t. fence would not be permitted because the total exceeds 6 ft). c. Upon approval of the Planning Director. the total height shall not exceed 6 feet in a required street side yard. Otherwise. the total height shall not exceed 42 inches in a street side yard. (This includes all comhinations of fences and retaining walls). D. A 36 inch safety railing is required on lap of all retaining walls that exceed a height of 3 [eet. The maximum height of the railing shall be 36 inches and must conform to the definition of a safety railing. APPROVED BY: /1AA,; c2. d1J.~ 1lb-.~~ Planning Director JG:af RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) ) ) Space above this line for Recorder's use Parcel No. ~ /:) 'Y 9 / ~.y Ot.? AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR OUTSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 THIS AGREEMENT is entered into this 3 day of 1Jt(~tlS r ,19 'Is.- by and between {) 0 N 11 /.. () E. ()£If) (1) I S IJ tV 0 S JlIi If 0 /V J..... {)If 1l)/IJ1 S (name of developer-owner) a //7)~J I//Ottl?'S (corporation, .partnership, etc.) , hereinafter referred to as "Developer' whose address is 2d~ 2 £.( ru~/?/~ C/lRt{S(3/t() ('IJ 9d()d1 (street) . (city, state, zip code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as ·City·, whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008- 1989. WIT N E SSE T H: WHEREAS, Developer is the owner of the real property described on Exhibit "A", attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and Form Approved By City Council July 2, 1991 Rase II 91-1941KJH 1 Form 17 rev 3/27/95 WHEREAS, Develop'proposed a development project as !,OWS: ______ _ on said Property, which development carries the proposed name of ________ _ and is hereafter referred to as "DevelopmentN; and WHEREAS, Developer filed on the 8 ~ day of f.}LltL ('(S L , 19 9 Ii with the City a request for 1-1 J it rS /1)£ t?el/l,e~M~/'/~/;Z/" P,f(lI?J/TS _______________________ hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requi~es that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Counqil Policy No. 17, dated July 2, 1991, on file with the City Clerk and incorporated by this reference, and that the City's public facilities ,and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS; Developer has asked the City to find that public facilities and'services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREF<?RE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: Form Approved By City Council July 2, 1991 Aeso IF 91-194/KJH 2 Form 17 rev 3/27/95 1. The DeveloP.shall pay to the City a public facilit' fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed in the Davelopment pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 3.5% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms ·other construction permits·, "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issu~nce of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall be- come a part of this ,agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. Form Approved By City Coundl July 2, 1991 Resa II 91-194/KJH 3 Form 17 rev 3/27/95 3. This agree" and the fee paid pursuant heret~re required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Request made by Developer is not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as many have been designated, postage prepaid and certified. Form Approved . By City Coonel July 2. 1991 Rasa # 91-194/KlH 4 Form 17 rev 3/27/95 8. This agreeml shall be binding upon and shall inu'lo Ihe benefrt of, and shall apply to, the respective successors and assigns of Developer and City, ·and references to Developer or City herein shall be deemed to be a reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor to Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. Form Approved By City Council July 2, 1991 Rasa #I 91-1941t<.lH 5 Form 17 rev 3/27/95 IN WITNESS WHERIF, this agreement is executed in sa!iegO County, California as of the date first written above. DEVELOPER-OWNER: # IJplf/lI4e1J E. (j,{j/)/V'/S M (name of Developer) By ~C~~~ (signature) (print name) OW~ LI'f /oUlitf2Ul (tftle) • ~., By ~{))])[)L~~ (signature) J}f/JIl~1lJ ,<. (J,f////V/S (print name) OWl'll if? /"dt,ltOIf,p (title) ATTEST: ALETHA L RAUTENKRANZ, City Clerk CITY OF CARLSBAD, a municipal corporation of the State of California By ________________ __ MARTIN ORENYAK for City Manager (Proper notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) (President or vice~president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corp~ration must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD A. BALL, City Attorney By ________ ~ ____________ __ Assistant City Attorney Form Approved . By City Council July 2, 1991 Rasa if 91-194/KJH 6 Form 17 rev 3/27/95 .. . ~ .. EXHIBIT "A" LEGAL DESCRIPTION /JJr Qq of OAALPADTRPC! NO. 15-lj Lf](!(J6m /2SlATes IJORlff) / AJ TH£-(JIIY 0€ C0R~PfiD/ &JUJJTy C£!!AfJD/egDj 61ATE 6P G/'tLJFo/VJ/fI) AM-ORD; All) 7D mAP TfleR.ED~ NO. g30d> PI LEb / tJ THe oFf't!E 0(' TfI£ OJJUlJ7y J?EfU)RJJ;~ o-P -JAN VIPjO MUNTy {JJ fYlA-'j 6; 19710. LOT 99 OF CARLSBAD TRACT NO. 75-4 LA COSTA ESTATES NORTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8302, FILED IN THE OFFICE OF THE COUNTY ~CORDER OF SAN DIEGO COUNTY ON MAY 5, 1976 Form Approved By City Council July 2, 1991 Rasa # 91-194/KlH 7 Form 17 rfN3/27/95 CAL'JRNIA ALL-PURPOSE ACKNOWLEDI,c:NT STATE OF CAUFORNIA COUNTY OF SAN DIEGO On A<-j LlS+ I I 19'1 .?"·before me~re,=>~ t:: ~; II i--?~~otary Pub.lic, personally appeared Dc n A \ d E ~ Vl d s~, A l'(.i n L DenYlI,,5f-t-personally known to me -or [ Xproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Mare subscribed to the within instrument and acknowledged to me tha~they executed the same in ~~/their authorized capacity(ies), and that b~heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Form ApprOYlld By City Coundl July 2, '1991 Raso 11 91-194/KJH 8 t+ • • + • • * + • • • • • tf • , ..... ~ ", THERESA E W1WAMS < l ..... ~ COMM. #972122 z ~ ~ __ e' 0 Notary Public -California ~ j -. . SAN DIEGO COUNTY ( ··'''0.':' My Comm. Expires AUG 30. 1996 •••••••••••••• Form 17 rev 3/27/95 , ] . RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 . •• J ) ) ) ) ) ) ) ) ) ) ) Space above this line for Recorder's use Parcel No. II' -LI ct 1-.1 '-tOO NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: This Declaration and Notice Concerning Aircraft Environmental Impacts is made by DO(l.)~"D ~ ~S\~gR()rJ Dfitl\lr\JI.$ ,a(n) ..t6IiVtt"'{trvIflVtS ,hereinafter (name of legal owner) (individual, corporation, etc.) referred to as the 1I0wner", as developer of certain real property situated in the City of Carlsbad, County of San Diego, State of California. RECITALS A. The Owner is the developer and holder of the title to certain real property in the City of Carlsbad, County of San Diego, California, more fully described as: J...ot qq k-A costA iSr-iatlES ?a "J7 fJ.... PUllfCrt I CIJICI..S(Jt;-O, CA./ 9;1(JCJ'l B. The property is located approximately ~ miles from the McClellan- Palomar Airport, City of Carlsbad, San Diego County (the IIAirportll), operated by the County of San Diego, through which are conducted certain aircraft operations on and about said Airport and over real property in the vicinity of the Airport. C. Owner has no control over the operations of the Airport, including the types of aircraft, flight, the flight patterns of the aircraft, nor the frequency of the flights. NOISE FORM #2 rav. 3/'0/>15 D. E. e FORM: NOISE 2: 2 of 3 It is the desire of Owner to give notice to any potential purchaser of the real property of the air flight operation and the fact that purchasers may be subject to overflight, sight and sound of aircraft operating to or from the Airport. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of aircraft induding public, military and private aircraft which will generate noise and other environmental impacts. NOW, THEREFORE, in light of the above Recitals, as developer and owner of the property, does, for itself, and its successors and assigns, give the following notice: 1. Owner has and shall develop the property in accordance with Subdivision Tract Parcel Map (CT/PM ---.J approved by the City of Carlsbad, which approval includes the requiremellt·:~: the City of Carlsbad, that the ... pevelopment of the property is consistent with the Land Use Element and . 'Noise Element of the General Plan of the City of Carlsbad. 2. That Owner has no responsibility or control over the operation of the Airport, including without limitation, the types or number of flight operations, types of aircraft (including jet aircraft), timing of flight operation, or frequency of flights. -. ., 3. That the flight operations to the Airport may create significant aircraft environmental impacts affecting the purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the property reside there subject to such overflight, sight and sound. 4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Declaration and Notice. This Notice shall run with the property and shall be binding upon all parties having or acquiring any right, title or interest in the property. 5. The purpose of this Notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of aircraft including public and private aircraft which will generate noise and other environmental impacts. NOISE FORM #2 rev.3{'O(95 r~ I )c ; .. e e FORM: NOISE 2: 3 of 3 Executed this ~O~ day of ..l...¥fJ~c~t~tl2~0tJz~ ____ , 19 *OWNER: D () N 11 l d ~. D 1(.. rJ 10 \ 5 /S If at f( 0 I\J 0 fi N (l) I 5 j. -r . (name of *Owner) Byj)AQatrlA~ (sign here) (print name here) 3D INt nfJ ~ Nil (title a organization :;!.~atory) By' .. -~~~ (sign here) . D6 ru (H. 0 It.. 0 IE rtJ N1 S (print name here) d-0 t (l)t T'" rV thJ 1" (title and organization of signatory) (Proper notarial acknowledgment of execution by *OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the sec;retary or assistant secretary under corporate seal empowering that officer to bind the corporation.) Approved as to form: RONALD R. BALL City Attorney By ____ ~ __ --------_--__ . NOISE FORM #2 rw.3/'O/05 " . • CALlF!NIA ALL-PURPOSE ACKNOWLEDIENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO On \OI'),cY-!f' before m~;~ Notary Public, personally appearC10CA\'6fJ?Q~ U ~~, [] personally known to me -or ['If proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i@ubSCribed to the within instrument and acknowledged to me that he/sh they xecuted the same in his/heQ'authoriZed capacity(ies), and that by his/her~ heir ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Dionne M. Beeson ~ Comm. #1036922 TARY PUBLIC· CALIFORNIAG) • SAN DIEGO COUNTY 0 Comm. Expires Aug. 28. 1998 .. NOISE FORM #2 rev. 3/ZT /95 ~~~[II" G REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) ) ) • Space above this line for Recorder's use Parcel No. AI5 Llq) a 4 0 0 C~ AGREEMENT BETWEEN DEVELOPER-OWNER ~D~EaTYOF~R~MD~R~E PAYMENT OF A PUBUC FACIUTIES FEE FOR OUTSIDE THE BOUNDARIES ·OF COMMUNITY FACIUTIES DISTRICT NO.1 THIS AGREEMENT is entered into this J day of aU q, L[6 T , 19 q:J by and between LJONftL-D E. OENIV/6 AN) SHARDtJ --LI bENN·J~ -~ ::---(name of developer-owner) \' ~ a .N I A-. , hereinafter referred to as "Developer" whose address n ~ (corporati~n, partnership, etc.) Cl is ~'7 ~~~~'7~&~-t.=.....:.fu~£f[fl4-£,..:t:=--+-M=-' L..!.-l.R==~=-=pJ)~, QA=:......L...-~qa...u..::;.{X)~9f--_ (street) (city, s~te, zip code) J . and f municipal corporation of the State of California, hereinafter fp [ells TO 7 $S is 1200 Carlsbad Village Drive, Carlsbad, California, 92008-It;1-() [,. ('filA. "-'.' I .. refer! ..J/ rV'<)/t':f: I ~ Tf-!-IS Litle! WIT N E SSE T H: }'y 0 T /2./M--I 1989 WHEREA~, uevelop~1 1>:1 LI,e owner of the real property described on Exhibit "A·, attached hereto and made a part of this agreement, hereinafter referred to as "Property·; and WHEREAS, the Property lies within the boundaries of City; and Form ApprOYed By aty Council July 2, 1991 Raso /I 91-1941KJH 1 Form 17 rev 3/27/95 e' tt' WHEREAS, Develop~r proposed a development project as tollows: ______ _ ~PR.'jF, on said Property, which development carries the proposed name of _---=.N_/wA-.:... ____ _ \ --) (J \ ' '.YJ ' .. and is hereafter referred to as "Development"; and 5 f!-oUf-iJ B~ o Z----)1 f) IS ~U/!J L MCL) WHEREAS, Developer filed _on the ~ R-Dcl:: of ~ with the City a request for dILLc6 J DE R 1::;:\/1 t: fA) CulLhINa ~--~_O_{M_\\_--________ _ ---/3iMl ~ pJltt-~-_________ hereinafter referred to as "Request' p IlAA/(,L ~ot~; /Vv~_v-WI~7 I Element of the City General Plan requires that the City Council fir ssary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 2, 1991, on file with the City Clerk and incorporated by this reference, and that the City's public facilities-and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and --WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: Form Approwd By City Coonel July 2.1991 Rasa 1/ 91-1941KJH 2 Form 17 rfN3/27/95 ...... • • IN WITNESS WHER~OF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: (title)' ATTEST: ALETHA L RAUTENKRANZ, City Clerk , rv OF CARLSBAD, a municipal rporation of the !I.te of California MARTIN ORENYAK for City Manager (Proper notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney By ________________________ _ Assistant City Attorney Form Approved By City Council July 2, 1991 Rase II 91-194/KlH 6 Form 17 rev 3/27/95 .. • the accessibility of (he adjoining proposed Alga Hills Par' and ill tUI'n is Inude more :cessible and valuable by adjoining the park. 'H) Environmental Impact Requirements: The applicant has submitted an Amendrnent to the Environmental J~ct Report for La Costa Estates North, ( Exhibit C, dated May 19, 1975). Staff has reviewed this ~ocument 1. and finds that it fulfills the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972 as amended, and the requ;rcments of the California Environment~l Quality Act. Specifically the document 'and its parent report qualify under Section 19.04.154 (Use of a Single Environmental Impact ~-1) which, at the discretion of the Planning Director, allows an earlier environmental impac~ report written in connection with an earlier project to apply to a later project if the circumstances 0; the projects are essentially the same. Staff finds that the differences between the original project and the current project are environmentally inconsequential, and that between the documents the impa~ts of the current pro' dequately covered. Parks Ordinance Requirements: No p~rks are shown for dedication on the Specific Plan or Tentative Tt'act Map. The applicant'will therefore be required to pay in-lieu fees prior to City approval of the final map. Tfie-''C.p'roposed Alga Hills Park is adjacent the proposed sub d i vis ion 0 nth e 1'1 est with lot 1 0 9 (II 0 pen Spa c e E as em c n til) 0 f the pro po sed sub d i v' i s ion s e r ',' i 11 gas transition. Dedicatio~ of this park site is' ~urrently being negotiated by the City and La Costa Land Company. J. Public Facilities Policy: (2) (3) Schools: No letters have been received from the Richmar Union School District or'the Escondido Union High School District. The applicant has indicated that an agreement with the Districts is under negotiation and that the letters will be received prior to the public hearing. Should the letter not be received staff recommends that the Commission continue the hearing fo~ the next two weeks to allow the agreement to be processed. Wate~: Water will be supplied from existing Carlsbad Municipal Witer District water mains which will be extended to provide water to the proposed development. A letter from the District's consultants makes no objections to the project; their suggested conditions have been incorporated in Section II of this report. Sewer: Sewer Service will be provided by Leucadia County Water District. District representatives have met with staff to discuss the potential problems at maintaining sewers of·rear lot lines. A letter from the Distl'ict has been received suggesting -/0 - '''"to .fli: BASIC PLANTING AND CARE, PAGES 56-112, 177-198 Acacia 203 --_._-----. '~~,A p'endiila-:,:': ':, \.,,:. 12-24 To 25·ft;,~·.;i To 15 It. ~th3lue gray. \0'4 in'.';..'" Yellow, in pairs or ~Beaulilul weeping tree. Perfect -. ) '. ~'" .. , v::', WEEPING~ACACIA; J . '; :' h" "t;J?ng,?n IOO9i-';: clusters. Blooms . ~. for cascading from behind " t;l;wEEPING.'MYALL ; ~~ ".' ~~_f~~:~~ ;} weepmg bran erratically in Apr., May.' :~w'all. Interesting structural form ~ f;-",!.';~I';'·'C:,~:l:'~', ','. ".~j . f';r., r. \ .. ··'f~· :" . asmature individual. Makes' . r'''.f'j~· ,,., ,. t ·IN':,', • ....... -.... .' ,~.: < {' ~.~'\" .. :-;;;':.;:;;:, i@:graCefUlespalier.Slowgrower,·.t t'· ?"" ... , "",* ,., ." -I ~.·,-,;..~.'.t;'_~·"'ll : ....••.. ~:~,~~ ~~<: .. ,',;~ ..... ~.:.::..::,. ~/:;~:~~3~~~ik;,.:~:'j .; "~\~<:' ~~';~" ~'~.~ :: :!~~~~~~0,kS900din ,~ ~A;po~alyrilfoIia·· .. ; 8,9, 13-24 10':':20 1t;:';S 12-15 fl. rl1:RoundiSh~~hih.In:H:~ Light yellow, fluffy, , . ~Snru'b or'can be trained as . . .~ · .. :-"PE'ARt'ACACIA 'I':. "l'\~'»:' ~,~Iong;sllvery·gray;,~.;il in long cluslers. ., ~rounded:open'headedtree, " ~i,:.:'.(.~,·',::·:~/~,.~~,.,:,~~.~r,.:':~. 'i r; 'i,;:' ~t~~~~~.~~~;~~ Nov.-Mar. ~~~:~~~;~~\~~~~ ~~I:~~~Od I ,.; eL~~,~~'~. __ ~ ____________________ ~'_'~ .~,~~ ___________ ,~;{~;~;_:. __ ~.~~,r~~~~~~~~:~.~~~~~~~>~0.~ __________________ ~~~~~s~um~m~e~r~w~a~t~e~rin~g~,~--------- ~IA:'redoii~s..;:.,:. '; 8,9,12-24 . 1-2fP:~;'.' 15ft. ~r~Narrow;'gray , •. ;\:i~'f.! Pulfy yellow balls. ~GroundcoverlorbankS'large I E:.·,(A."ongeruP) .' .. ." :"!i',! ~,~~ree~.:'"I,~. 1~~r:-: .. ';i~1. Spring. areas of poor soil. Endures • ,. •• ' .• '. • •• ; , .•• ; ••• I If __ • t' '.. .' . ~droughl, heat. 'Ongerup' and. f,:':; :,::. :,' ':~,Y'~: ,~. ,~,;"~.:,:;;! ~;~;';'. . .); ;'<;l,~;I.b\i:\!i$l' ~A. me/anoxylon 'Ongerup' ,', ... ,:. .. r~::':''':·i::q,::-;:\::,',;cil F"similaroridentical. " f~. retiriod~s . n·, (Ofte[1soid as A. • :;:;. floribunda.).,: ,-"c~ v: 'WATERWATTLE, . c" ',~ FLORI BUNDA .j ~'" ACACIA': .,' <:<, ;:",\ 1;1. salfgn' "~-iN::'_;;i: " • 'r'" ~ j : (A. cyanophy/la) .' ','; . BLUE·LEA!=.WATTLE.'~ A.smallHi" " '. "'; : (A. mlnuta):: .. ~"~ \1" ~ "::-' '. " " , :. A. stenophylla !, 'SHOESTRING ACACIA, " ", .. -" 8,9,13-24. Borderline Zones 5, 6. 8,9,12-24 8,9,12-24 8,9,12-24 8,9,12-24 8,9,12-24 . A, subporosa , 8,9, 13-24 BOWER WATTLE, RIVER WATTLE (A. cognata) . ~ . A. verticillata . " To 20 ft.\~ . ~, ~~: :::: .};j f '",I ' .. :~'j' '/~ .,,'1-:: I',.,,:t; '.' 20-40 It'l'j .~ :~ ;.~~~~ ',' "?:-!;-£~l -:, :l. ;i~t\~l ~ ~",.' :~-(' '¢-.-:il .' ;·.ij····.j 20-30kd , ,~ ;-"" .' j . ':',; =-~:"·-.i . Variable. I'; Canreach:l 30-35ft,·~ T~ 30 ft:~;'l • ~ : _ ••• v ~ '>";~:fi To 20 It. To 15 ft. 15-20 ft. To 20ft. 15-25 ft. To 20ft. 20-30 ft •. ~ 20-30 It. To 15 It. ., ,;; To 15 I\. r:-'; Finely diVldedi;;~'!~f1 , ~!r·deciduou~.Jhoniy'~ ~ .... branches~ II ":1'1 ~7.1'1 t~~ tong (10"16 in.); ~ltl \.; .. narrCNI: drooping'~'~ ~\;. pale leaves "'Z":t -;;-~ t~~ConlraSI vlith n~""~t.f~ ,. maroon neVi bark, " ;",., NarrOW; drooplng':' ;~ [~',"~~fl~j p\Dark green, ,.': ,i:';~ \ ,":,needlelike leaves, ,', . ~. ::Y. in. long, in :. ;: whorls. Looks like, ' .. an airy conifer: : .• :;,.; : l-f ., .~ l~' . k < ' Yellow, small heads in , cluslers. Blooms most . of year near coast. Vi Qulckscreen. Can be a ~:pendulous, see·through tree,.- m:Tends to gel leggy. The only Iii"acacia with chance 01 survival ~,in,Seattle if mild winters come ~. 4 In a rCNI. Cream-colored balls. Blooms most of year; heaviest in fall and ~;'Fasl~growing Iree with . . ' .' ~semiweeping habit. Water! , " "?moderalely 10 control growth; " . " .. ! ';prune 10 keep open, prevent . " :iwind damage. Don't overwater .. '; winter. ':-i ~Beslwithonesideoltree ~ Nearly orange balls In cluslers. Heavy bloom Mar., Apr. \r·waYSdrY. .: · ~'Screenforprivacyorwind .'. ; · ~nlrol. Mullitrunked big shrub'. fiOT tree .. :' , : YellCNI balls, fragrant. ~ExOtlC form with curving .. I " ". , Spring. ,~ ,;branches like green tentacle·s'.~ , YeIlCNI, fragranl puff balls. Spring. Creamy, Ik-in. balls. Late winter, spring . Paired yellCNI puffs. Spring. Pale yellCNI in 1·in.-long spikes. Apr.-May. ~Prune 10 form trunk and shape ,: .~branches. Short thoms hidden' <In'leaves,. ' , rtfOftein sold as A. farnesiana, ' · which Is cold·tender. Plant A. ' ~smallii where frost occurs. ' ~'Fasl-grCNIing, open, weeping ttree: Makes wonderful . ~shadows on walls, provides ~~i~~::~t .s.~~~e lor flowers. '-.- \"Graceful, weeping, 20-30·1t. f tree. 'Emerald Cascade', L;Emerald Showers' are l selections. Needs good '~drainage, protection from f ocean wind or hot inland sun. i',Good low hedge in wind. f~Unpruned, it develops open i-: form with many spreading, pwlsting trunks. Sheared, it . ~ grows dense and full. Good al r'beach; resists oak root fungus. A:', ". " r ], .' ,I, I , ': , :: '; I: " I. I f,. " i' " ? ,. . ,n. . .. " .,.- I I I , BASIC PLANTING AND CARE, PAGES 56-112,177-198 bellidiformis. Aizo- aceae. LIVINGSTONE DAISY. Succulent annual. All Zones. Ice plant, but unlike most others, an annual. Pretty and useful temporary car- petin poor, dry soil, full sun. Trailing, a few inches high, with fleshy, bright green leaves and daisylike, 2-in. flowers in white, pink, orange, red. Sow seed in warm weather. Comes into bloom quickly. Fire retardant if well watered. Draws bees . Best in Dorotizealltillls bellidiformis DORYANTHES palmeri. Agavaceae. SPEAR LILY. Enormous succulent. Zones 15-17, 19- 24. Native to Australia. Gigantic cluster of 100 or so 6-in.-wide leaves which may reach 8 ft. in length. Blooms in summer. Flower stalk 6-15 ft. high; clustered flowers reddish brown, in an elongated cluster up to 6 ft. long. Striking in big gardens. Give about same care as century plant, but remember Ooryalltizes excdsa that spear lily tolerates more shade and requires more water to look good; and unlike century plant, it does not die after blooming. Also striking subject for patio containers. O. ace/sa, sometimes offered, has shorter leaves and crimson flowers in a tight, globular head. DOUGLAS FIR. See Pseudotsuga lIIellziesii. DOVE TREE. See Oavidia involucrata. DOXANTHA unguis-cati. See Macfadyena ungllis-cati. DRACAENA. Agavaceae. (For other plants often called dracaena, see Cordylille.) Ever- green plants (small palmlike trees). Essen- tia'Ily foliage plants, grown in house or on lanais; certain kinds can be grown outdoors, as noted below. Some show graceful faun·· tain forms with broad, curved, ribbonlike leaves, occasionalIy striped with chartreuse or white, Some have very stiff, swordlike leaves. Almost never flower as house plants. Fairly drought resistant. In cont<liners, water only when top '12-1 in, of soil is dry. Plants take sun outdoors, shade indoors. D. australis. See Cordylille australis. D. deremensis. Outdoors, out of wind, in Zone 24; house plant anywhere. Native to tropical Africa. Most commonly sold is V<lri- ety 'Warneckii': erect, slow growing to an eventual 15 ft., with 2-ft.-Iong, 2-in.-wide leaves in rich green striped white and gray. Others are: 'Bausei', green with white center stripe; 'Long ii', with broader white center stripe; 'Janet Craig', with broad, dark green leaves. Compact versions of 'Janet Craig' and 'Warneckii' exist. Oracaella draco D. draco. DRAGON TREE. Outdoors in Zones 16, 17,21-24; house plant anywhere. Native to Canary Islands. Stout trunk with upward- reaching or spreading branches topped by Oracaella lIIargillala clusters of heavy, 2-ft.-long, sword-shaped leaves. Grows slowly to 20 ft. high and as wide. Makes odd but interesting silhouette. Clusters of greenish white flowers form at branch ends. After blossoms drop, stemm), clusters remain. Trim them off to keep plants neat. Doronicum-Dryas 323 D. fragrans. CORN PLANT. Outdoors, out of wind, in Zones 21, 23,24; other than that, house plant. Native to west Africa. Upright, eventually to 20 ft. high, but. slow growing. Heavy, ribbonlike, blue green leaves to 3 ft. long, 4 in. wide. (Typical plant in 8-in. pot will bear leaves about 1'h ft. long.) Tolerates darker position in house than other dracaenas. Variety 'Massangeana' has broad yellow stripe in center of leaf. Other striped varieties are 'Lindenii' and'Victoriae'. D. marginata. Outdoors, out of wind, Zones 21, 23, 24. House plant anywhere. Very easy to grow, very popular. Slender, erect, smooth gray stems to an eventual 12 ft. carry chevron markings where old leaves have fallen. Stems topped by crowns of narrow, leathery leaves to 2 ft. long, ';' in. wide. Leaves are deep glossy green wi th narrow margin of plirplish red. If plan t grows too tall, cut off crown and re-root it. New crowns will appear on old stem. 'Tricolor' (,Candy Cane') adds narrow gold stripe to green and red. D. sanderana. Outdoors, out of wind, Zones 21,23,24; house plant anywhere. Native to west Africa. Neat and upright, to a possibl~ 6-10 ft., somewhat resembling young corn plant. Strap- shaped, 9-in.-long leaves striped with white. D. surculosa (D. godsef!ialla). House plant. Native to west Africa. Slow grower, smaller than other dracaen<ls. Slender, erect or spreading stems set with pairs or trios of 5-in.-long, 2-in.-wide, dark green leaves spotted with white. 'Kelleri' and 'Florida Beauty' are more heavily spotted. DRAGON TREE. See OracaClla draco. DRIMYS winteri. Winteraceae. WINTER'S BARK. Small evergreen tree. Zones 8,9, 14- 24. Native to southern Chile and Argentina. Slender, to 25 ft. Distinguished chiefly for clean foliage and dignified presence. Stems and branches, which tend to droop grace- fully, are mahogany red with aromatic bark. Bright green, leathery, fragrant leaves are elliptical, 5-10 in. long. Blooms in winter and spring: jasmine-scented, creamy white flowers about 1 in. wide, in small clusters. Usually multistemmed, but easily trained to single trunk. May require pruning from time to time to maintain outline of pleasing sym- metry. Give plenty of water with good drain- age. Takes some sun near coast; shade inland. DROSANTHEMUM. Aizoaceae. Succulent perennials. Zones 14-24. Two ice plants described here are often confused with each other, although quite different. In both, leaves are covered with glistening dots that look like tiny ice crystals; both have typical ice plant flowers with many narrow petals. Both are sun loving, will endure poor soil and live with little or no irrigation once established, especially near ocean. Can be fire retardant. D. f1oribundum. ROSEA ICE PLANT. Grows Ori17lys willtcri Oro:'alllhclIIllIll f/oriblll/dlllll to 6 in. tall, but stems trail to considerable length or drape over rocks, walls. Best ice plant for controlling erosion on steep slopes. Pale pink, J/.-in.-wide flowers make sheets of color in late spring, early summer. Bees are fond of them. D. hispidum. To 2 ft. tall, 3 ft. wide, less inclined to stem-root than O. f/oriblllldlll1l. Showy, I-in. purple flowers in late spring, early summer. O. f/orr{Jlmdll/71 is often sold as O. hispidlllll. DRUMSTICKS. See AI/illlll spizaeroceplra/u17l. DRYAS. Rosaceae. Perennials. Zones 1-6. Choice plants for rock gardens. Evergreen or partially so; somewhilt shrubby at bilse, forming carpet of leafy creeping stems. Shiny white or yellow D \. A. PLAN REVIEW CHECKUST APPLICABLE POLICIES AND ORDINANCES Before beginning specific review of a development proposal, first check the following list to see if there are any special policies or ordinances applicable to your project. . 1. 2. 3. Nit COMPLIANCE WITH THE GENERAL PLAN / Guidelines/Policies -;: Growth Control Point ./ Density Proposed (du/ac) -:7 Justification is Proposed Above Low End of the Density Range. GROWTH MANAGEMENT (See Grading for more Specific Listings) V Zone Plan (LFMP) 7 Zone Plan Conditions 7"" Assessment Form .. OLf flc. Constrained Acreage '2 ~t.I u,.:fl I Yo 2!. N ... Gross Density (du/ac) 1\<1 ..J:.llc -7' . -::-...:--"':: ~ 31 AL Y ~A c.. Net Density (du/ac)' • 15'1 Ac. 'f, ~ L.,b2.v,,;,f:~J-OASTALZONE Mello I ello /I Be Area Overlay Agricu ~Overlay Redevelopm t Coastal Permit Authority 25% Slopes witn astal Sage/Chaparral State Clearinghouse • ~1. /v-'f. 4. ~'ELOPMENT AREA _ . ubarea Pe 5eduses NPr -Wlthm 's Appeal Jurisdiction Area _ Coastal Deve 'l3!!!..ent Permit Area Village DeSign GutdeJ.[nes Manual Village Area Redeveloj)meJJ.t Plan 5. ENVIRONMENTAL /V Previous Environmental Assessment Part I Previous Environmental Assessment Part /I Adequate Baseline Data Studies "Naked Checklisr from MJH dated 3/27/90 Mitigation Monitoring Info Articles EIR Approval On Site sP /69 CT75-i-J 2 r '1 t CAlt 'Z-CII J.yt:1 6. 7. /VPr 8. EIR Mitigation Monitoring HILLSIDE ORDINANCE (See Grading/Hillside Below) ~T...JI:lfLUENCE AREA . _ Mcc7e!IBR:.!?!#.~mar Comprehensive Land Use Plan (CLUP) ._ SANDAG ReVl~ INTERIM OPEN SPACE ORDINANCE Equal or Greater Area Equal or Greater Environmental Quality Boundary Modification Made to Enhance Environmental Area Adjusted OS is Contiguous or close to OS Shown on Interim OS Map. Modification Necessary to Preserve Sensitive Area at a 2:1 Ratio. Comprehensive Open Space Network Map V:. {lff'f10. NPr 11. ~ ARCHAEOLly MAP IN BOBBIE HODER'S OFFICE ~ ~/3/~CE ~SeepUD'SBe/OW) ADMINISTRA TIVE POLICIES 13. --mIl URAL RESOUnGE MAF!.2 (fA 14. EL CAM/~RlDOR STUDY !'fA 15. SCE~/DELINES /'ffJ 16. N~ BEACH STUDY AREA . _ ..... 7iDtd~ AGUA~ LAND USE PLAN . t!'A 17. /tao FLOOD PLAIN OVERLAY c FEMA Flood Zone 19. / TRAILS F~SIBILITY STUDY . '-J -Loca.tlon l'r",; I I) 16c",0-1'-" e",JIM.I'\r ~ ~~J)" >Vb) ttt' pr e.f-17 . Stagmg Areas LI) j .~'.I..' ' ."J -V vi> "~"VI("'Ul·~ f27.J· I~ , .~ NOISE POLICY V" G.P. Noise Contour Map and Listing of CNEL for Major Streets tfIr McClellan Palomar Comprehensive Land Use Plan (CLUP) 21. Check Maps at Front Counter to See if Project is covered by a Prior Specific/Master Plan or other Discretionary Action. -Subject to Prior Conditions of Approval or EIR Mitigation Measures. 22. BLACK TAILED GNATCATCHER STUDY 2 '.j 1. B. C. Listed below are other items which may help when you are reviewing a project, but do not hesitate to look up further information because this list may not be all inclusive. ZONING ORDINANCE 1. pc. Zoning Designation 2. Sf Permitted Use 3. Nt) CUP Needed 4. . ·99/tc LotSize C ,)q, 1 (,t-rJ.) 5.2.y".ll r z,oQ.<f7Lot Depth 4~ -,\). ~ 6. . -11Jo Lot Coverage ----1'3 7'« 7. 5t III s.f. Building Square Footage I 8. ...!j1' Front yard Setback 9. bS ' Rear yard Setback 10. (5' + 2.'1' Side yard Setback 11. 7' 10' Separation Between Habitable Structures 12. 21 I X 7.-1 I Garage Width \b'l 13. 54'? Building Height Pc::.. ~ .J~" re-wJ -h> of< ... ! Sp.J.e.rj,j 14. ;vPr Floor Area Ratio 15. !J!!.j!. Existing Encroachments 16. (lo,\-t.,. Existing Non-Conformancies 17. ~ Fencing Non-Conformancies 18. .!\-~ Trash Enclosures 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Justification Map/Letter Design Guidelines Manual Lot Size Street Frontage Front yard Setback Garage Distance From Back of Sidewalk 5' Setback from Open Parking uest Parking G age Dimensions Stre Driveway Policy Street idth Drivewa idth Sidewalks ovided Internal Pede trian Circulation RV Storage Storage Area Small Lot Architect ~I Guidelines Common Recreation~ea Private Passive Recreat'tt:Jg"al Area 10' Distance Between Stru~~ 3 D. GRADING I HILLSlfiJII". 1. jtj.. HU. Ordinance/Permit 2. -L Constraints Map . 4. 5. 6. 7. B. Cut and Fill Map Soils and Geotechnical Studies Needed Peer Review Needed Design Standards Implemented ~ Slope Contouring/Undulation no,,/L No Slopes Longer than 200' Cut and Fill Slopes Screened Distance From Top of Slopes Hillside Architecture Follows Natural Slope All Natural Drainage Maintained Daylight to Natural Grades 8m vf Grading Amounts Overall Grading Amounts Per Acre~ Gross _Net o -15% Slopes 15 -25% Slopes 25 -40% Slopes 40% + Slopes E. PARKINSIv. STREETS 1. Alignment/With Surrounding Roadways 2. Acceptable Distance Between Roadways/Driveways 3. arking Spaces Required 4. rking Spaces ProviC!ed 5. % Compact Spaces Provided 6. Size f Spaces 7. Handi Parking B. 24' Bac up Distance 9. 5' Bump at End of Aisles 10. Driveway ·dth 11. Compliance ith Driveway Policy 12. Throat Distan 13. Compliance wi Landscape Guidelines for Parking Lots. F. ONE . Covered by Specific Plan lanned Industrial Permit (PIP) Form Clellan-Palomar Comprehensive Land Use Study (CLUP) . s ~G Review (Ruth Potter) Dista e from Arterials Drivewa Screening Front yBli Setback Side yard S tback Rear yard Se ack Outdoor Eating ea Rooftop Equipme (Plan Screening of ROOftO~qUipment Building Height Setback From Top of S pe Quality of Architecture . Deed Restrictions on Use Square Footage by Use No Outdoor Storage Trash Enclosure No Hillside Permit Needed on M Standards actured Slopes But Must Follow Hillside Design Compliance with Grading Approved on 4 ntative Map ADL:lh p/crnN./&