HomeMy WebLinkAboutMP 177F; AVIARA BUILDING HEIGHT; Master Plan (MP)/
C1Y OF CARLSBAD • ' LAND USE REVIEW APPLICATION FOR PAGE t OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPT (FOR OE?7 USE ONLY) '..!SE 0!'-1.Y)
lKI Master Plan Amend.men t I 77(r-::) □ General Plan Amendment
-_,
□ Specific Plan □ Local Coastal Plan Amendment
□ Precise Development Plan □ Site Development Plan
□ Tentarive Trace Map □ Zone Change
□ Planned Development Permit D Conditional Use Permit
□ Non-Residential Planned Development □ Hillside Development Permit
□ Condom.iniwn Permit □ Environmental (mpact Assessment
□ Special Use Permit □ Variance
□ Redevelopment Permit □ Planned (ndustrial Permit
□ Tentative Parcel Map □ Coastal Development Permit
□ Administrative Variance □ Planning Commission Derermination
□ Lise any ocher applications nor specificed
2) LOCATION OF PROJECT: ON THE I South I SIDE OF I Alga Road I
(NORTH, SOUTH EAST, WESn (NAME OF STREEn
BETWEEN ~1 Camino Real I AND I 1-5 I
(NAME OF STREEn (NAME OF STREEn
3) BRlEF LEGAL DESCRlPTION: IPA 13-Lots 234-301 of Tract 85-35 and
PA 28 Lot 7 of Ph~c;P.. TI 1'F>n1-~1-;-,r,=. M<1TI ..
4) ASSESSOR PARCEL NO(S). li!S-610-~1-42) 215-611-(1-29) and 216-111-08 an? 6-111-!j
I I9 j 6) EXISTING GENERAL PtAN I same I : S) LOCAL F ACIUTIES ~ 7) PROPOSED GENERAL PLAN
MANAGEMENT ZONE DESIGNATION N DESIGNATION , ,
8) EXlSTING ZONING I PC j 9) PROPOSED ZONING ~ame I 10) GROSS SITE [111 I : -ACREAGE
: EJ 13) n'PE OF SUBDMS!ON EJ : 11) ?ROPOSED NUMBER OF ~ 12) PROPOSED NUMBER
RESIDENTIAL UNITS OF LOTS i
1
(R.ESID ENTIAL j COMMERCLAL I INDUSTIUAL) I
14) NUMBER OF EXISTING RESIDEN'TIAL UNITS I None I
1S) PROPOSED INDUSTRLAL I N71C j t6) PROPOSED COMMERCIAL I NT~ I ' i OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE
Nara: A PROPOSED PROJECr REQUIRING niAT MlJL"L'lPUt .APPUCAltONS BE FILED MUSr BE StJBMrrTm PRIOR TO 3:30 P.K A PROPOSm PRaracT
REQUIRING niAT' ONLY ONE APPUCA.nON Ba PDJ!D MUSI' BE SUBMlTIED PRIOR. TO 4:00 P.M. FRM00016 8190
-
• cm OF CAALSBAD •
, 1 ..., !..-\ND USE REV'lEW APPLICATION FORM W, P.-\GE 2 OF 2 : i---------------__;_ _ __,_...:.;_;:_;,-=-:..:~-==------__:_.::::'...::....:..:..:...:..;
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE
18) PROPOSED SEWER t:SAGE IN EQt:IVALENT DWELLING t:NlTS
19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC
20) PROJECT NAME: Avjara
IN/A
~IA
21) BRIEF DESCRIPTION OF PROJECT: Master Plan for re
height measurement for PA 13 and p
22) IN THE PROCESS OF REV1EW!N S APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAfF.
PlANNlN MISSIONERS, ES!G REV1EW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT ,\ND
ENTER THE PRopc:cn""-'1-u T S THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS
PURPOSE
President/General Manager
23) OvVNER 24) APPLICANT
' NAME (PRJNT OR 1YPE) Aviara Land Associates
Limited Partnership
NAME (PRJNT OR TYPE) Aviara
Limited Partnershi
Land Associates:
!
MAfLING ADDRESS 2011 Palomar Airport Road #206
CITY AND STATE ZIP TELEPHONE cm AND STATE ZIP
Carlsbad, CA 92009 931-1190 Carlsbad, CA 92009
TELEPHONE 1
931-1190
I CERTIFY n<AT l AM 11-IE l..ECA!. OWNER
ANO n,AT Ail TiiE ABOVE INFORMATION
IS TRUE ANO CORR TO 11-IE BEST OF
FOR CITY USE ONLY
FEE COMPUTATION:
APPLICATION TYPE
{'1 p 1-1 N-uD
ETA
PFi::;
TOTAL FEE RE.QUIRED
DATE FEE PAID
FEE RE.QUIRED ·
I S-80-00
"LIO·Oe:>
'-(<J. 00
3-3-rz..
I CERTIFY n<AT I AM n!E !.!CAL OWNER's REPRESE.'IT,._TIV! ... 'ID
INFORMATION IS TRUE A.'10 CORRECT ro THE
E.
DATE
RECEIVED
MARO 3 1992
CITY OP CAftUllA:D HING DIP1\
DATE STAMP APPUCATION RECEIVED
RECEIVED BY:
RECEIPT NO. / / <../ C,
• PA 13 Master
Plan Amend.
City of --Carlsbad
..... ;J 6\ ,j ,\i, t-1 •24-Bi,; 11 t4 ,t I
D[SCLOSUR.E STAr::.MENT
APPUC.:.Ni"S SiAT""cMENT OF OISCLOSURE OF C~AIN OWNEFISHIP IN"l'i;r!ESTS ON AU.. APPLICATIONS WHICH Will. ;:;EOUIAE
CtSC~ETlONA..::IY ACTION ON T'riE PAFrr OF Trie CITY COUNClL OR ANY APPOINTED SOARO, COMMISSION OR COMMC'i"oc;E.
(Please Print)
The following information must be disclosed: MAR O 3 1992
CITY 0~ CAfh..:.tf'.tf:--.~
PLAWtH~lG OEf'i'! • 1. Aoollcant
List the names and addresses of all persons having a financial interest in the application. Aviara Land Associates Limited Partners_h_i.p _____________ _
2011 Palomar Airport Rd.
Suite 206
Carlsbad, CA 92009
2. Owner
Ust the names and addresses of all persons having any ownership interest in the property involved.
Ayiara J.and Campany, a Delaware
cor;poratfon ·
450 Newport Center Drive
Rep11bJic DeveJoproent Ca a California corporation
180 N. Riverview Drive
Suite 304 Suite 130
Newport Beach, CA 92660 Anaheim, CA 92808
3. If any person identified pursuant to (1) or (2) ab.eve 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. .
Henry Hillman 450 Newport Center Drive
Suite 304
Newport Beach, CA 92660
4. If any person identified pursuant to (1) or (2) above is a non-profit organization o,r 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.
•
Oiscicsure Statement
•
(Over)
Page :Z
5. Hav~ you · had mora than 5250 wor-Ji of business transacted with any member of Citf staff, Scare:
Commissions, Committees and Couno1 within the past t.Yelve months?
Yes _Ne_,!_ ft yes, pleas& indicate person(s) ____________ , ________ _
.• ~ ' ' . ._' ', ';. •' ~ ' .. ~ . . .
{NOTE: Atiac.i.i ·adcfltlcna.f:pages as necessary.)
Aviara Land Associates Limited Partnership,
a Delaware limited partnership
BY: o pany, a Delaware
en ral Partner
By:...,,.,.. ..... _,;;;,;.,--i__,~"'""'"""----ice President
Aviara Land Associates Lirr:tited Partnership,
a Delaware limited partnership
B · · y, a Delaware
1 Partner
By: _jd-_Llfo~ant Secretary By: ...... ~~.L::.:.~:-zz:.j1-~-s-s+1-s-t-ant Sec.
S1gnat~ Owner/ uate 11te
BY: Republic ent Co., a
· · ion,
-tieJ~LL.
Signature oF resident
By: __..Q_4___,/__..__.~.......,.___ __
Signature or Owner/Date
By: Republic Development Co., a
California co oration,
By:
Signature of Applicant/Date
resident
Ted I., Hooyer/Assjstant Secretary
Print or Type Name of Owner
Ted L, Hoover/Assistant Sec.
Print or Type Name of Applicant
' I •
CASE NO. IYl!l,f7(p) DATE: '3/ I "Z.--1 l
ENVIRONMENTAL IMPACT ASSESSMENT FORM -PART I
(To be Completed· by APPLICANT)
Applicant: __ /l,_lf_l_lr/l.A __ L-"---M_,__D;;;._..;...A_)_;_f....;;...ot"--'.=---;/--L....;.TD_._B;_'1-1'2.,__TM--=--,r,..,~lf-~1:..._P ___ _
Address of Applicant: "1.--ol I PA1...c,MA">( /h(l.,,/Jdf'I../T /2..tJ -St11Tt "UJb
ltnu..s I} /Jr() CA-, t; u D '
Name, address and ·phone number of person to be con,tacted (if other than
Applicant): p4111... J?L//J<ltJ: l;t',1✓€ APPMS.f { P*N~
GENERAL INFORMATION: (Please be specific)
Project Description: tJo,n-1,J Cl,4/'I eA! rf-8v11,D/Nu #£16ft(
CAt,L.,UW,1]11tJ Fc121\,WL..A -ro M_t{)Pt,1/IT cf !4oft./Ne vJ11}ft.JJ
Project Location/ Address: ft\/1 lrt'lA /)tuv/r,I, ,tn'D l!>1rn4 J 117.r DJt,,Jf',
Assessor Parcel Number: ---------
Gener al Pl an/Zone of Subject Property: R.LM/1J111,4f11,/11s I f-t!.
Local Facilities Management Zone:_/.....;:?....._ ____________ _
Is the site within Carlsbad's Coastal Zone? ~E'S' ------------
Please describe the area surrounding the site to the
North: ,et-64 /Zolr!) East: A,ll~ 6-4//1-ullll.S-6
· South: 8Mlf J ,16..J U6lJ(JI+/ West: /Jy,hfl.A l'vt,i1itlvJ(, ~ la
List all other applicable permits & approvals related to this project:
tnP, (71
2
e
(Please be Specific. Attach Additional Pages or Exhibits, if necessary)
I. Please describe the project site, including distinguishing natural and
manmade_ characteristics. Also provide precise slope analysis when a slope
of 15' or higher and 15% grade or greater is present on the site.
/f) ff', /'3 -UJ1J 'fi.lrlJt?'O i .t'fi',t~11 ,Jfivf "fttfJ IN$(~
1>) fl, 1,8 -~J &MO(IG '" ftzDUS!
2. Please describe energy conservation measures incorporated into the design
and/or operation of the project.
3. PLEASE ATTACH A PROJECT SUMMARY SHEET WHICH SHOWS THE FOLLOWING:
a. If a residential project identify the number of units, type of units,
schedule of unit sizes, range of sale prices or rents, and type of
household size expected, average daily traffic generation (latest SANDAG
rates). J/('tt ,,,; • LA" • ·,. A-) PA IS -{,J 1f () tsrr:rr~-) ~ 00, .S Ot)(l Jf/. rt• J ,n-,u.,
v~J b86tJ A-Pf'. !J), p1, 7,8 -'' J~ ff{1r'ttr / J5tJ~.,.J~6fJD ,,.,. fl!-r.1 ~I. ti O hi,
b. If a commercial project, indicate ·the exact type, activity(ies),
square footage of sales area, average daily traffic generation
(latest SANDAG rates), parking provided, and loading facilities.
c. If an industrial project, indicate the exact type or industry(ies),
average daily traffic generation (latest SANOAG rates), estimated
employment per shift, time of shifts, and loading facilities.
d. If an institutional project, indicate the major project/site
fun ct ion, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the
project.
3
I.
1)
2)
ENVIRONMENTAL IMPACT ANALYSIS
Please Answer each of the following questions by placing a check in the
appropriate space. Then, fully discuss and explain why each item was
checked yes or no. Provide supporting data if applicable. Attach
additional sheets as necessary.
Could the project significantly impact or change
present or future land uses in the vicinity of the
activity?
EXPLANATION: f(/-f)P1S(Y) I.Mt//) vft'.J A'/L4
A-u-1'#~ ft'Yl-. /IA P--I 1 J
Could the activity affect the use of a recreational
area, or area of aesthetic value?
EXPLANATION: f P-op I JfY) ~Nl>~.,Y1"
k(-M~13 tS\/1W'Jttvl-Hf1Glt1'l 4M£'f. No
YES
X
3) Could the activity affect the functioning of an
established community or neighborhood?
EXPLANATION: No /rFFfvf 1#1 ,+II ~srA-<J1.,uflr(J
@MM viii t'f17 ..
4) Could the activity result in the displacement of
community residents?
EXPLANATION: N6 H'S 10(/\)1' 01JPL~~~"'4
I/J6u c,;t> U.J IJ tr ~ 1>Jf. ffl' ,r(
4
' .
5)
6)
Could the activity increase the number of low and
moderate cost houiing units in the city?
EXPLANATION: ,h trffY'-f IN llf':6trt.aMJtl
,+,,vs,~".
Could the activity significantly affect existing
housing or create a demand for additional housing?
EX PLANA TI ON: f M>/J IJJ /;t-vi D v ,_,., /+I tJ1 M1¥ cf
f>'(. 5-rel G-ffl,JJ tltf tr ..
7) Are any of the natural or man-made features in the
activity area unique, that is, not found in other
parts of the county, state or nation?
8) Could the activity significantly affect an
historical or archaeological site or its settings?
9)
EXPLANATIOH: A:u. ~l(..O(!{C,tf., Jl""J
li+P6L£ s6"e 1tJ M,11, M rD "
Could the activity significantly affect the
potential use, extraction, or conservation of a
scarce natural resource?
EXPLANATION: fl/ f> ~c.tr 11.J Al~
~ s ~ t) fUfS ,
5
YES NO
X
X
10) Could the activity significantly affect fish,
wildlife or plant resources?
EXPLANATION: N & I> tJ P-u l'f t b,J To tJ M'UM1.-
/((l,fM w (U.. 6€ t,fffcreo ·
11) Are there any rare or endangered plant or animal
species in the activity area?
EXPLANATION: /r(ll€1J lrff-fe{F() />'f /t1,t,51l)t.
PIAN hfl#tN{)flv€1'11 #ltS fb!t,J 'Pfl,f(lovt '--'t
t,fltrl)e(). /Jr; H(lf fl?-rfNDlrN6t:IUfQ JP(!tA€{
/fff-8 or rflJ.
12) Could the activity change existing features of any
of the city's stream, lagoons, bays, tidelands
or beaches?
EXPLANATION: NO DtJ,Wf-rJ1tJ Tc l-1{6octJJ ~ >
Be/ttHf.s. ere. r/Jtu.., ~Jfl~'f 11Ufl. PtY
13) Could the activity result in the erosion or elimin-
ation of agricultural lands?
EXPLANATION: But LOI"'" If£ 16ttf c.~u:t){../t 7) tW
Db €.f N()r +fff:cr A-€f21tA) t..-1 vtle l~NO/.
14) Could the activity serve to encourage development
of presently undeveloped areas or intensify develop-
ment of already developed areas?
EXPLANATION: No tMPltC{ ~tJ /;fV«fUJPl'V1£,Jf
,v~rz.. 7Wt!r 1riM1r07 flfP@Jeo IA/LY..·
6
YES NO
X
X
X
)(
IS)
16)
Will the activity require a variance from estab-
lished environmental standards (air, water, noise,
etc.)? ·
EXPLANATION: /Vl) VMIA:1J~J (Z§QtJl(l.£0.
Is the activity carried out as part of a larger
project or series of projects?
EXPLANATION : /Vll[S'[fn P,trN lrM N l) nv€ ,JI
TtJ w-e Av,~ /VII}$~ P/AAI (1Ylf--t77)
17) Will the activity require certification, authoriza-
tion or issuance of a permit by any local, state
or federal environmental control agency?
EXPLANATION: 6u,u;1,J6' f€fl,Mt rs f(U'lvl
1)H; wry rf: C/Yf2,,t,,S~Pr{) IA/(1.,<, f,Jc ICEt;.Jll'Z,(f()
f f2.--U& -n P €. 'I &t M ,l'J.
_ 18) Will the activity require issuance of a variance or
conditional use permit by the City?
EXPLANATION: /VI> ,//rP.,tA>Jc.2. llL. Cl>tr011"1a,i~
Use-ffll-M,,r.s R..f"t:pv,µr; ..
19) Will the activity involve the application, use, or
disposal of potentially hazardous materials?
EXPLANATION: MD Hfr/.AP.Pdu..! rvM:1'f1?:(kt--,S •
/NVO vvtf.l).
7
X
X
X
)(
20) ill Will the·activity involve construction of facilities
in a flood plain?
EXPLANATION: ft,Mftl,Nb /Hl£lrJ /3 ,4,-,11> 2--1
,Jof t.,l)c.~11:J) "1/1}t/N ~tJDPl.1:;-IN ·
21) Will the activity involve construction of facilities
in the area of an active fault?
EXPLANATION:
t..Jo flf(.}/.;,JJ ,o~"'fi~ro 1tl 1).1£" llf2,€~
22) Could the activity result in the generation of
significant amounts of dust?
EXPLANATION: &ft uJf,JC,, eel6t/f ~Vt/f1]~,v
DtJ6J t/i>r lrff(ct ousr.
23) Will the activity involve the burning of brush,
trees, or other materials?
EXPLANATION : A:ee(ortQ, lift€ 11 I .S 6f?AOff"O •
No BclttM 1rJ<t Pf'J.-of4St'O.
24) Could the activity result in a significant change
in the quality of any portion of the region's air
or water resources? (Should note surface, ground
water, off-shore.)
EXPLANATION: No effftrJ&t '"' hrfJ.. df'.
WMc4 t;r.Jpu17 uh t.,,(.. MS CfL,;t.
8
X
X
x
.•
25) Will th~ project substantially increase fuel
c~nsumption (electricity, oil, natural gas, etc.)?
EXPLANATION: f(l-(if~(.I( t/"'IC..,'-f{<Jf ltfft{O(
f,)tf-t, CON.J'tl,.,,.,,py, o,.J,
26) Will the activity involve construction of facilities
on a slope of 25 percent or greater?
EXPLANATION: /rff,flfl£(2 Jr(J£'~ t+t{F 66!.J
p(l€1/,ol/j '1 6~£12 •
27) Will there be a significant change to existing
1 and form?
28)
{a) Indicate estimited grading to be done in
cubic yards: /IJ LA .
· {b) Percentage }~f /alteration to the present
land form: t!__IJ .
(c) Maximum hejg t of cut or fill slopes: ·
ti IIJ . (
EXPLANATION: PfYN:fc:( /r./1/avJ t!S 6tllL4)(,/V
ttf:t ftH i Clr¼)LA no rv.S N'I 1..41 ,
Will the activity result in substantial increases
in the use of utilities, sewers, drains or streets?
EXPLANATION: A::L,£... ttvFII..A SfP1/q(f1Af 1-M-:J
8~ trJ Sf" ktA&Y2 Pfil_ o f?t t; 1,.14-'t.
9
YES
x
X
29) Will the project significantly increase wind or
water erosion of soils?
EXPLANATION: /(~ ·/tfFl!cf 6M vJ/NI) ~
vJPr'fY'IJ-f?UJlotv Wlvt.,, UJ'\/~, ..
30) Could the project significantly affect existing
fish or wildlife ~abitat?
EXPLANATION: fc.,A-,-Jt/11'1(,, A/2l,9 /3 dl 2,/
IJ1ff t/d-( ~Cfi f]SH Pl'<-vJ11.,f)1.,1,fl
31) Will the project significantly produce new light
or glare?
EXPLANATION: f~~C,: Po£J t1r1 ltftrif
vt6M ,r... G"48E ◄
YES NO
X
X
.,
II. STATEMENT OF NON-S[GN[F[CANT ENVIRONMENTAL EFFECTS
If you have answered yes to any of the questions in Section I but think
the act!vity will have no significant environmental effects, indicate your
reasons below: ·
1',) 'T ;tt f tu PtM)(} f P-o~C( ,; SN 1fW,€1V !)tw61'/r n 1ltf;
Av, JrM JV\'1.S ~ f 1..~ •
n) PJui .. 01r1c, Nfl-f/11 n
~ di-ll{(Wfbtr.{)
vi I U... tf fl€q&) ,ff'() ft/-i)M 1Jn
ffl,1 o fl.. ~ Pi-v Ell)()M.!lA/1" ~
III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I
(If additional space is needed for answering any questions, attach
additional sheets as needed.)
··signat~;~
· (PersCpletingRepo rt)
f ~1,. <f, 41JKM
Date Signed '!)-J. $ /~ ,__
Instruct.eia
LBS: 1 h
11
'I
• •
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: __.A;J,.lvL.ai!..loa,....r....,a.__ __________________ _
APPLICANT NAME: Aviara Land Associates Limited Partnership
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.
Revising Master Plan for recalculating height measurement for
PA 13 and PA 28.
ProjO~~c.lrrn
t "
November 15, 1991
STEWAR~Ti TITLE COMPANY OF SAN DIEGO 7676 ZARD CENTER DRIVE 7TH FLOOR
S DIEGO, CALIFORNIA 92108
(619) 692-1600 ·
NINTH Superseding
PRELIMINARY REPORT
HILLMAN PROPERTIES WEST, INC.
2011 PALOMAR AIRPORT RD., 1206
CARLSBAD, CA 92009
YOUR NO.
OUR NO.
LOAN REF:
AVIARA PHASE 2
101274-10
ATTENTION: DONNA TESTA
IN RESPONSE TO THE ABOVE. REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, STEWART TITLE COMPANY OF SAN DIEGO HEREBY
REPORTS THAT IT IS PREPARED.TO ISSUE, OR CAUSE TO BE ISSUED, AS
OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE BY
STEWART TITLE GUARANTY COMPANY, DESCRIBING THE LAND AND THE
ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING
AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT,
LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN
SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED
SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID
POLICY OR POLICIES ARE SET FORTH HEREIN. 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 OF A POLICY
OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A
POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE
REQUESTED.
DATED AS OF NOVEMBER 13, 1991 AT 7:30 A.M.
~0
LORETTA am
TITLE OFFICER
NOTE:
EFFECTIVE WEDNESDAY, OCTOBER 24,_ 1990, _
OUR WIRING INSTRUCTIONS WILL BE AS FOLLOWS:
1. GROSSMONT BANK
667 SAN RODOLFO DRIVE
SOLANA BEACH, CA. 92075
2. ABA #122232109
3. FOR CREDIT ro· STEWART TITLE ACCOUNT
ACCOUNT# 11002412-01
4. REFERENCE: TITLE OFFICER AND/OR TITLE #.
101274~
THE FORM OF THE POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY ( )
2·. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B ( )
3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE
POLICY ( )
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY ( )
SCHEDULE A
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
A FEE
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP, FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP
101274~
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN rs SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
BEING A SUBDIVISION OF A PORTION OF SECTIONS 27, 28, 33 AND 34
ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS:
-BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID SECTION 27~
DISTANT THEREON SOUTH a.• 34' 09" WEST 230. 98 FEET FROM THE
NORTHWEST CORNER THEREOF, SAID POINT ALSO BEING THE INTERSECTION
OF SAID WESTERLY LINE AND THE SOUTHERLY LINE OF THAT CERTAIN
EASEMENT FOR PUBLIC ROAD RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989 AS FILE NO.
89-345765 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY AND
SOUTHWESTERLY LINE OF SAID EASEMENT, NORTH 72.47'00" EAST 161.47
FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY; THENCE NORTHEASTERLY, EASTERLY AND
SOUTHEASTERLY ALONG SAID CURVE 40.36 FEET THROUGH A CENTRAL
ANGLE OF 92.30'00"; THENCE TANGENT TO SAID CURVE SOUTH 14•43•0011
EAST 689.57 FEET TO THE BEGINNING OF A TANGENT 901.00 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY AND
EASTERLY ALONG SAID CURVE 1135.38 FEET THROUGH A CENTRAL ANGLE
OF 72•12 1 00 11 ; THENCE TANGENT TO SAID CURVE SOUTH 86.55'00" EAST
217.41 FEET TO THE MOST NORTHERLY CORNER OF CITY OF CARLSBAD
TRACT NO. 85-35 (AVIARA PHASE 1 -UNITE), ACCORDING TO MAP
THEREOF NO. 12413, FILED IN THE OFFICE OF THE COUNTY RECORDER,
JUNE 29, 1989; THENCE lU,ONG_THE WESTERLY BOUNDARY THEREOF SOUTH
47•10 1 50" WEST 350.89 FEET; THENCE SOUTH 40.43'12" WEST 605.23
FEET; THENCE SOUTH 17•45•00 11 EAST 846.44 FEET; THENCE SOUTH
16.45'00" WEST 112.44 FEET; THENCE SOUTH 12•5a•oo11 EAST 1804.79
FEET; THENCE SOUTH 31.51'00" EAST 700.07 FEET; THENCE SOUTH
6•33'30" EAST 495.49 FEET; THENCE SOUTH 14.29'30" WEST 519.43
FEET TO AN ANGLE POINT THEREIN, SAID POINT ALSO BEING A POINT IN
· THE AGREED BOUNDARY OF THE TITLE SETTtEMENT AND EXCHANGE
AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT, RECORDED
JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS; THENCE
ALONG SAID AGREED BOUNDARY.NORTH. 20.30'00" WEST 117..43 .FEET;
THENCE NORTH 85.00'00" WEST 71.00 FEET; THENCE SOUTH 25•30•0011
WEST 223.00 FEET; THENCE SOUTH 10•45•0011 EAST 53.00 FEET; THENCE
SOUTH 33•30•0011 WEST 146.00 FEET; THENCE SOUTH 55•30•0011 WEST
52.00 FEET; THENCE SOUTH 77°30'00" WEST 358.00 FEET; THENCE
SOUTH 55°10'00" WEST 167.00 FEET; THENCE SOUTH 75°58'00" WEST
-1-
101274-10
42.00 FEET; THENCE NORTH 83"56'00" WEST 117.00 FEET; THENCE
NORTH 73"50'00" WEST 99.00 FEET; THENCE NORTH 79•50•00 11 WEST
147.00 FEET; THENCE NORTH 74"10'00" WEST 190.00 FEET; THENCE
NORTH 68.56'0211 WEST 346.00 FEET; THENCE NORTH 73"16'26" WEST
174.03 FEET; THENCE NORTH 84"00'00" WEST 124.00 FEET; THENCE
SOUTH 78·00 1 00 11 WEST 447.00 FEET; THENCE NORTH 83"00'00" WEST
123.73 FEET; THENCE NORTH 32"17'46" WEST 561.76 FEET; THENCE
NORTH 69"15'09 11 WEST 228.25 FEET TO A POINT ON THE WESTERLY LINE
OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 33,
DISTANT THEREON SOUTH 0"43'34" EAST 788.20 FEET FROM THE
NORTHWEST CORNER OF SAID EAST HALF, AS SAID POINT IS SHOWN ON
RECORD OF SURVEY MAP NO. 10774, FILED IN THE OFFICE OF SAID SAN
DIEGO COUNTY RECORDER, OCTOBER 30, 1986 AS FILE NO. 86-494180 OF
OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID RECORD OF
SURVEY NO. 10774, NORTH 0•43•34 11 WEST 788.20 FEET; THENCE NORTH
0•31 1 09 11 EAST 1357.67 FEET; THENCE SOUTH 89"08'2111 EAST 1358.22
FEET; THENCE NORTH. 23"17'49 11 EAST 157.02 FEET; THENCE SOUTH
-83.48 1 32 11 EAST 182.90 FEET; THENCE NORTH 63"48'2411 EAST 118.59
FEET; THENCE NORTH 46.13'59 11 EAST 66.87 FEET; THENCE NORTH
21"18'51 11 EAST 78.99 FEET; THENCE NORTH 14.41'04 11 WEST 271.89
FEET; THENCE NORTH 26 • 24' 56~' WEST 112. 98 FEET; THENCE NORTH
44•10 1 38 11 WEST 189.09 FEET; THENCE NORTH 36.53'26" WEST 81.01
FEET; THENCE NORTH 17"21'5411 WEST 96.54 FEET; THENCE NORTH
7"59'3311 WEST 108.38 FEET; THENCE NORTH 3"53'04" EAST 180.75
FEET; THENCE NORTH 35•32•0111 WEST 142.05 FEET TO THE EAST
QUARTER CORNER OF SAID SECTION 28; THENCE CONTINUING ALONG SAID
BOUNDARY LINE NORTH 0"34'09" EAST 2485.34 FEET TO THE POINT OF
BEGINNING.
-2-
SCHEDULE B
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED
ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS:
l. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT: $66,855.28 OPEN
SECOND INSTALLMENT: $66,855.28 OPEN
LAND: $10,404,000.00
CODE AREA: 09027
PARCEL NO. 215-040-23
lA. SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1990-91 ASSUMED
PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH
SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF
CALIFORNIA;
CODE AREA
PARCEL NO.
FIRST INSTALLMENT
SECOND INSTALLMENT
09027
900-000-15
$46,695.92
$46,695.92
OPEN
OPEN
1B. SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1990-91 ASSUMED
PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH
SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF
CALIFORNIA;
CODE AREA
PARCEL NO.
FIRST INSTALLMENT
·SECOND INSTALLMENT
09027
900-000-16
$46,695.92
$46,695.92
OPEN
OPEN
lC. SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1990-91 ASSUMED
PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH
SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF
CALIFORNIA;
CODE AREA
PARCEL NO.
FIRST INSTALLMENT
SECOND INSTALLMENT
09027
900-000-17
$33,198.93 OPEN
$33,198. 93 ... 0PEN
1D. SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1990-91 ASSUMED
PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH
SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF
CALIFORNIA;
-1-
101274~
CODE AREA
PARCEL NO.
FIRST INSTALLMENT
SECOND INSTALLMENT
SCHEDULE B CONTINUED
09027
900-000-18
$33,198.94 OPEN
$33,198.94 OPEN
lE. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE
FISCAL YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT: $46,206.23 OPEN
SECOND INSTALLMENT: $46,206.23 OPEN
LAND : $ 3 , 121 , 2 0 0 • 0 0
CODE AREA: 09133
PARCEL NO. 216-111-08
lF. SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1990-91 ASSUMED
PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH
SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF
CALIFORNIA;
CODE AREA
PARCEL NO.
FIRST INSTALLMENT
SECOND INSTALLMENT
09133
900-000-28
$25,995.66
$25,995.66
OPEN
OPEN
lG. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE
FISCAL YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT: $50,981.37 OPEN
SECOND INSTALLMENT: $50,981.37 OPEN
LAND : $ 2 , 0 8 0 , 0 0 0 • 0 0
CODE AREA: 09132
PARCEL NO. 216-111-09
lH. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE
FISCAL YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT: $54,354.67 OPEN
SECOND INSTALLMENT: $54,354.67 OPEN
LAND: $2,653,020.00
CODE AREA: 09133
PARCEL NO. 214-170-51
lI. SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1990-91 ASSUMED
PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH
SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF
CALIFORNIA;
CODE AREA
PARCEL NO.
FIRST INSTALLMENT
SECOND INSTALLMENT
09133
900-000-12
$46,214.51
$46,214.51
OPEN
OPEN ..
lJ. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE
FISCAL YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT: I $55,583.44 OPEN
-2-
101274-..0
..
SECOND INSTALLMENT:
LAND:
CODE AREA:
PARCEL NO.
SCHEDULE B CONTINUED
$55,583.44 OPEN
$2,387,718.00
09132
216-150-18
101274-.0
IK. 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.
2. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SUCH
MATTERS ARE SHOWN BY THE PUBLIC RECORDS.
3. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: CARLSBAD MUNICIPAL WATER DISTRICT
FOR: PIPE LINE
RECORDED: DECEMBER 4, 1959 IN BOOK 8027, PAGE 83
OF OFFICIAL RECORDS
AFFECTS: AS SET FORTH THEREIN
4. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: THE CITY OF CARLSBAD
FOR: WATER SYSTEM, SEWERAGE, DRAINAGE, POWER
LINE, EXCAVATION, AND/OR EMBANKMENT
FACILITIES
RECORDED: MARCH 11, 1976 AS FILE NO. 76-071622
OF OFFICIAL RECORDS
AFFECTS: AS SET FORTH THEREIN
S. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: SAN DIEGO COUNTY FLOOD CONTROL DISTRICT,
ZONE l
FOR: AN ENCLOSED OR Uij~NCLOSED FLOOD DRAINAGE
CHANNEL
RECORDED: NOVEMBER 22, 1976 AS FILE NO. 76-391112
OF OFFICIAL RECORDS
AFFECTS: AS SET FORTH THEREIN
6. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL·PURPOSES
IN FAVOR OF: SAN DIEGO GAS & ELECTRIC COMPANY
FOR: THE TRANSMISSION AND DISTRIBUTION OF
ELECTRICITY, UNDERGROUND FACILITIES
CONSISTING OF CONDUITS, MANHOLES,. HANDHOLES .
AND JUNCTION BOXES WITH WIRES AND CABLES
PLACED THEREIN AND ABOVEGROUND STRUCTURES
CONSISTING OF PADS, TRANSFORMERS, AND OTHER
ABOVEGROUND STRUCTURES, TOGETHER WITH THE
-3-
SCHEDULE B CONTINUED
101274-to
RECORDED:
RIGHT OF INGRESS THERETO AND EGRESS THEREFROM
MAY 10, 1977 AS FILE NO. 77-177430
OF OFFICIAL RECORDS
AFFECTS: AS SET FORTH THEREIN
7. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE
DISTRICT NO. l" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY
OF CARLSBAD, A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 19,
1986 AS FILE NO. 86-356638 OF OFFICIAL RECORDS.
SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES
FUNDS FOR THE CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE
GENERATED BY FEES COLLECTED AS BUILDING PERMITS ARE ISSUED FOR
DEVELOPMENT WITHIN THE BOUNDARIES OF THE DISTRICT.
8. 'AN AGREEMENT TO WHICH REFERENCE rs HEREBY MADE FOR FULL
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
JUNE 6, 1988
THE STATE OF CALIFORNIA, ACTING BY AND
THROUGH THE STATE LANDS COMMISSION, WITH
THE CONCURRENCE OF THE CALIFORNIA ATTORNEY
GENERAL; AND PACIFIC RIM LAND ASSOCIATES
LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP
TITLE SETTLEMENT AND EXCHANGE AGREEMENT
AND CONVEYANCE OF PUBLIC ACCESS EASEMENT
(LAGOON NORTH SHORE TRAIL)
JUNE 10, 1988 AS FILE NO. 88-278452
OF OFFICIAL RECORDS
9. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: STATE OF CALIFORNIA ACTING BY AND THROUGH
THE STATE LANDS COMMISSION
FOR: PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE
TRAIL)
RECORDED: JUNE 10, 1988 AS FILE NO. 88-278452
OF OFFICIAL RECORDS
AFFECTS: AS SET FORTH THEREIN
10. A DEED OF TRUST TO SECURE AN INDEBTEDNESS Of THE AMOUNT
STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS
THEREOF
DATED
AMOUNT
TRUSTOR
TRUSTEE
DECEMBER 20, 1988
$125,000,000.00.
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP
FIRST INTERSTATE BANK OF CALIFORNIA,
A CALIFORNIA CORPORATION
-4-
BENEFICIARY
RECORDED
SCHEDULE B CONTINUED
FIRST INTERSTATE BANK OF CALIFORNIA,
A CALIFORNIA CORPORATION
DECEMBER 23, 1988 AS FILE NO. 88-661636
OF OFFICIAL RECORDS
SAID MATTER AFFECTS THIS AND OTHER PROPERTY.
AN ASSIGNMENT OF RENTS, AS ADDITIONAL SECURITY FOR THE PAYMENT
OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, _WHICH
ASSIGNMENT WAS
EXECUTED BY
TO
RECORDED
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE CORPORATION
FIRST INTERSTATE BANK OF CALIFORNIA,
A CALIFORNIA CORPORATION
DECEMBER 23, 1988 AS FILE NO. 88-661637
OF OFFICIAL RECORDS
A FINANCING STATEMENT GIVEN AS ADDITIONAL SECURITY FOR THE
PAYMENT OF THE INDEBTEDNESS SECURED BY THE. DEED OF TRUST
SHOWN IN ITEM NO. 24
101274-MO
DEBTOR AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP
SECURED PARTY FIRST INTERSTATE BANK OF CALIFORNIA, A
CORPORATION
FILED DECEMBER 23, 1988 AS FILE NO. 88-661638
OF OFFICIAL RECORDS
IN THE OFFICE OF SAN DIEGO COUNTY
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED
SUBORDINATED TO
RECORDED
APRIL 14, 1989 AS FILE NO.
of Official Records
DEED RESTRICTION (TRAIL)
APRIL 14, 1989 AS FILE NO.
of Official Records
89-196179
89-196178
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED
SUBORDINATED TO
RECORDED
APRIL 14, 1989 AS FILE NO. 89-196181
OF OFFICIAL RECORDS
IRREVOCABLE OFFER TO DEDICATE
OPEN-SPACE EASEMENT AND DECLARATION
OF RESTRICTIONS
APRIL l.4.,. 1989 AS FILE .. NO~ .89~196180.
OF OFFICIAL RECORDS
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
-5-
INSTRUMENT
RECORDED
SUBORDINATED TO
RECORDED
SCHEDULE B CONTINUED
JUNE 29, 1989 AS FILE NO. 89-345756
OF OFFICIAL RECORDS
EASEMENT
JUNE 29, 1989 AS FILE NO. 89-345755
OF OFFICIAL RECORDS
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED
SUBORDINATED TO
RECORDED
JUNE 29, 1989 AS FILE NO. 89-345758
OF OFFICIAL RECORDS
EASEMENT
JUNE 29, 1989 AS FILE NO. 89-345757
OF OFFICIAL RECORDS
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED
SUBORDINATED TO
RECORDED
JUNE 2.9, 1989 AS FILE NO.
OF OFFICIAL RECORDS
EASEMENT
JUNE 29, 1989 AS FILE NO.
OF OFFICIAL RECORDS
89-345766
89-345765
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED
SUBORDINATED TO
RECORDED
· JULY 24, 1989 AS FILE NO. 89-388407
OF OFFICIAL RECORDS
MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
JULY 5, 1989 AS FILE NO. 89-354659
OF OFFICIAL RECORDS
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED
SUBORDINATED TO
RECORDED
JUNE 1, 1990 AS FILE NO. 90-298174
OF OFFICIAL RECORDS
EASEMENT AND COVENANT REGARDING CATV
SERVICE
JUNE 1, 1990 AS FILE NO. 90-298175
OF OFFICIAL RECORDS
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED: JULY 3, 1991 AS FILE NO. 1991-0327680
-6-
101274-..0
SUBORDINATED TO:
RECORDED:
SCHEDULE B CONTINUED
OF OFFICIAL RECORDS
DEED RESTRICTION
JULY 3, 1991 AS FILE NO. 1991-0327678
OF OFFICIAL RECORDS
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED:
SUBORDINATED TO:
RECORDED:
JULY 10, 1991 AS FILE
OF OFFICIAL RECORDS
EASEMENT
JULY 10, 1991 AS FILE
OF OFFICIAL RECORDS
NO. 1991-0337970
NO. 1991-0337970
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
101274-~
INSTRUMENT
RECORDED: I SEPTEMBER 25, 1991 AS
OF OFFICIAL RECORDS
DEED RESTRICTION
SEPTEMBER 25, 1991 AS
OF OFFICIAL RECORDS
FILE NO. 1991-493747
SUBORDINATED TO:I
RECORDED: I FILE NO. 1991-493746
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED: I
SUBORDINATED TO:I
RECORDED: I
DECEMBER 5, 1991 AS
OF OFFICIAL RECORDS
DEED RESTRICTION
DECEMBER 5, 1991 AS
OF OFFICIAL RECORDS
FILE NO. 1991-626217
FILE NO. 1991-626216
11. ANY ASSESSMENTS WHICH MAY BE LEVIED AGAINST THE HEREIN
DESCRIBED PROPERTY, AS DISCLOSED BY A FILED MAP OF THE
ASSESSMENT DISTRICT;
PLAT NO.: PROPOSED BOUNDARIES OF COMMUNITY FACILITIES
DISTRICT NO. 1 OF THE CARLSBAD UNIFIED
SCHOOL DISTRICT
CITY OF: CARLSBAD
RECORDED: MARCH 14, 1989 AS FILE NO. 89-130025
OF OFFICIAL RECORDS
AND AS AMENDED MAY 8, 1989 AS FILE NO. 89-242769 OF OFFICIAL
RECORDS.
NOTE OF SPECIAL TAX LIEN RECORDED--JULY-28,. 1989 AS-FILE NO •.
89-400726 AND OCTOBER 5, 1989 AS FILE NO. 89-540361, BOTH OF
OFFICIAL RECORDS.
12. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
-7-
t s
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
SCHEDULE B CONTINUED
MARCH 22, 1989
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE CORPORATION, AND THE CALIFORNIA
COASTAL COMMISSION
DEED RESTRICTION (OPEN SPACE)
APRIL 14, 1989 AS FILE NO. 89-196176
OF OFFICIAL RECORDS
A PORTION OF SAID LAND HAS BEEN RELEASED BY VIRTUE OF DOCUMENT
RECORDED JULY 3, 1991 AS FILE NO. 91-0327679 OF OFFICIAL
RECORDS.
13. AN INSTRUMENT ENTITLED DEED RESTRICTION (TRAIL) BY AND
BETWEEN AVIARA LA~D ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP AND CALIFORNIA COASTAL COMMISSION, WHICH
AMONG OTHER THINGS, SET OUT GUIDELINES FOR LANDSCAPING, PUBLIC
ACCESS, GRADING, FUTURE DEVELOPMENT AND PRESERVATION OF STEEP
SLOPES. SAID INSTRUMENT RECORDED APRIL 14, 1989 AS FILE NO.
89-196178 OF OFFICIAL RECORDS •.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
101274-MO
14. AN INSTRUMENT ENTITLED IRREVOCABLE OFFER TO DEDICATE
OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS DATED MARCH
13, 1989 BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND RECORDED APRIL 14, 1989 AS FILE
NO. 89-196180 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
15. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
MARCH 31, 1989
AVIARA LAND ASSOCIATES, LIMITED
PARTNERSHIP AND THE CITY OF CARLSBAD
PAYMENT OF A PUBLIC FACILITIES FEE
JUNE 5~ 1989 AS FILE NO. 89-296176
OF OFFICIAL RECORDS
16. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: CITY OF CARLSBAD
FOR: DRAINAGE
RECORDED: JUNE 29, 1989 AS FILE NO. 89-345755
OF OFFICIAL .. RECORDS ...
AFFECTS: AS DESCRIBED IN SAID DOCUMENT
17. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES
-8-
IN FAVOR OF:
FOR:
RECORDED:
AFFECTS:
SCHEDULE B CONTINUED
CITY OF CARLSBAD
GENERAL UTILITY AND ACCESS
JUNE 29, 1989 AS FILE NO. 89-345757
OF OFFICIAL RECORDS
AS DESCRIBED IN SAID DOCUMENT
18. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: CITY OF CARLSBAD
FOR: PUBLIC STREET PURPOSES, DRAINAGE PURPOSES
AND FOR SIDEWALK PURPOSES
RECORDED: JUNE 29, 1989 AS FILE NO. 89-345765
OF OFFICIAL RECORDS
SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY
DESCRIBED IN SAID DOCUMENT.
19. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
JUNE 28, 1989 ·
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP AND THE CITY
OF CARLSBAD
BASIN MAINTENANCE
JUNE 29, 1989 AS FILE NO. 89-345770
OF OFFICIAL RECORDS
20. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT
101274-111
RECORDED SEPT~BER 16, 1991 AS FILE NO. 1991-475307 OF OFFICIAL RECORDS.
RESTRICTIONS, IF ANY BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR
RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN
GOOD FAITH AND FOR VALUE.
THE ABOVE-MENTIONED COVENANTS, CONDITIONS AND RESTRICTIONS
PROVIDE THAT THE ASSESSMENT LIENS PROVIDED FOR THEREIN SHALL BE
SUBORDINATED TO THE LIEN OF ANY FIRST MORTGAGE UPON ANY
CONDOMINIUM.
BY A DECLARATION OF ANNEXATION RECORDED JUNE 7, 1991 AS FILE NO.
1991-0273692 OF OFFICIAL RECORDS, THE HEREIN DESCRIBED PROPERTY
WAS ANNEXED TO SAID COVENANTS, CONDITIONS AND RESTRICTIONS.
21. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: 'SAN DIEGO GAS & ELECTRIC COMPANY .
FOR: UNDERGROUND FACILITIES AND APPURTENANCES
-9-
• •
SCHEDULE B CONTINUED
101274-}.0
FOR THE TRANSMISSION AND DISTRIBUTION OF
ELECTRICITY, AND COMMUNICATION FACILITIES,
AND APPURTENANCES
RECORDED: FEBRUARY 20, 1990 AS FILE NO. 90-090371
OF OFFICIAL RECORDS
SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY
DESCRIBED IN SAID DOCUMENT.
22. AN AGREEMENT TO WHICH REFERENCE IS
PARTICULARS
HEREBY MADE FOR FULL
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
APRIL 17, 1990
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP AND DANIELS
CABLEVISION, INC., A DELAWARE CORPORATION
EASEMENT AND COVENANT REGARDING CATV SERVICE
JUNE 1, 1990 AS FILE NO. 90-298175
OF OFFICIAL RECORDS
23. A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN
NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER
THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND
DISTRICT: NO. 1, CITY OF CARLSBAD
DISCLOSED BY: ASSESSMENT DISTRICT BOUNDARY MAP
RECORDED: DECEMBER 19, 1990 AS FILE NO. 90-674118
OF OFFICIAL RECORDS
NOTICE OF SPECIAL TAX LIEN RECORDED MAY 20, 1991 AS FILE NO. 1991-0236959
OF OFFICIAL RECORDS.
24. AN INSTRUMENT ENTITLED DEED RESTRICTION BY AND BETWEEN
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND CALIFORNIA COASTAL COMMISSION DATED MAY 29, 1991
AND RECORDED JULY 3, 1991 AS FILE NO. 1991-0327678 OF OFFICIAL
RECORDS.
25. AN AGREEMENT
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
TO WHICH REFERENCE IS HEREBY MADE FOR FULL
JUNE 18, 1991
CITY OF CARLSBAD AND AVIARA LAND ASSOCIATES
HOLD HARMLESS AGREEMENT DRAINAGE
JULY 10, 1991 AS FILE NO. 1991-0337923
OF OFFICIAL RECORDS
26. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN AND ... INCIDEN-TAL--PORPOSES .. -·
IN FAVOR OF: CITY OF CARLSBAD, A MUNICIPAL CORPORATION
FOR: ACCESS ROAD, SLOPE AND DRAINAGE STRUCTURES
PURPOSES
RECORDED: JULY 10, 1991 AS FILE NO. 1991-0337970
-10-
. . • •
SCHEDULE B CONTINUED
101274-];0
AFFECTS: IOF OFFICIAL RECORDS
A PORTION OF SAID LAND
27. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
JULY 26, 1991
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP, AND THE
CITY OF CARLSBAD
AGREEMENT TO PAY DRAINAGE FEES
AUGUST 7, 1991 AS FILE NO. 1991-0397112
OF OFFICIAL RECORDS
28. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FU4L
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
JULY 23, 1991
ODMARK & THELAN AND THE DAV~DSON COMPANIES,
PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP,
AND AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP
MEMORANDUM OF AGREEMENT
SEPTEMBER 4, 1991 AS FILE NO. 1991-0453555
OF OFFICIAL RECORDS
29. AN INSTRUMENT ENTITLED DEED RESTRICTION (TRAILHEAD PARKING)
BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP, AVIARA MASTER ASSOCIATION, A
CALIFORNIA NON-PROFIT MUTUAL BENEFIT CORPORATION AND CALIFORNIA
COASTAL COMMISSION AND RECORDED SEPTEMBER 25, 1991 AS FILE NO.
1991-493746 OF OFFICIAL RECORDS.
30. AN INSTRUMENT ENTITLED DEED RESTRICTION BY AND BETWEEN
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND CALIFORNIA COASTAL COMMISSION DATED NOVEMBER 15,
1991 AND RECORDED DECEMBER 5, 1991 AS FILE NO. 1991-626216 OF
OFFICIAL RECORDS.
-11-
July 25, 1991
AVIARA
•
STEWART TITLE COMPANY OF SAN DIEGO
7676 HAZARD CENTER DRIVE 7TH FLOOR
SAN DIEGO, CALIFORNIA 92108
(619) 692-1600
Third Superseding
PRELIMINARY REPORT
2011 PALOMAR AIRPORT RD. 1206
CARLSBAD, CALIFORNIA 92009
YOUR NO.
OUR NO.
LOAN REF:
(PLANNING AREA NO. 13)
101897-6
AVIARA LAND
ATTENTION: PAMELA L. HAMES r?
IN RESPONSE TO THE ABOVE REFEREZo APPLICATION FOR A POLICY OF
TITLE INSURANCE, STEWART TITLE fc:'oMPANY OF SAN DIEGO . HEREBY
REPORTS THAT IT IS PREPARED/TO ISSUE, OR CAUSE TO BE ISSUED, AS
OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE BY
STEWART TITLE GUARANTY COMPANY, DESCRIBING THE LAND AND THE
ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING
AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT,
LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN
SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED
SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID
POLICY OR POLICIES ARE SET FORTH HEREIN. 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 OF A POLICY
OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A
POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE
REQUESTED.
DATED AS OF JULY 23, 1991 AT 7:30 A.M.
0AL~tUJpiz__-/_/ --~s'="'a'=E,,::;,L,..c::L:::,.Y,_;::;..-A~""""ES""'E~'r-m----r---~'-'-
TITLE OF CER
I '
NOTE:
EFFECTIVE WEDNESDAY, OCTOBER 24, 1990,
OUR WIRING INSTRUCTIONS WILL BE AS FOLLOWS:
1. GROSSMONT BANK
667 SAN RODOLFO DRIVE
SOLANA BEACH, CA. 92075
2. ABA #122232109
3. FOR CREDIT TO STEWART TITLE ACCOUNT
ACCOUNT# 11002412-01
4. REFERENCE: TITLE OFFICER AND/OR TITLE #.
I I
101897-6
THE FORM OF THE POLICY OF· TITLE INSURANCE CONTEMPLATED BY THIS REPORT
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY )
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B ( )
3. AMERICAN LAND TITLE ASS'OCIATION RESIDENTIAL TITLE INSURANCE
POLICY
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY )
SCHEDULE A
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
A FEE
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP
I '
. 101897-6
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
LOTS 234 THROUGH 301 INCLUSIVE OF CITY OF CARLSBAD TRACT 85-35,
PHASE 1-UNIT D, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12412, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE
29, 1989.
TOGETHER WITH THE PARCELS 1, 3 & 4 OF PARCEL MAP NO. 16451, IN
THE CITY OF CARLSBAo,·coUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
APRIL 15, 1991 AS FILE NO. 1991-168677 OF OFFICIAL RECORDS.
I •l
SCHEDULE B
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED
ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS:
1. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 1991-92, A LIEN NOT YET PAYABLE.
101897-6
lA. 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.
2. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE
DISTRICT NO. l" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY
OF CARLSBAD A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 19,
1986, RECORDER'S FILE NO. 86-356638.
SAID INSTRUMENT, AMONG OTHER THINGS PROVIDES:
FUNDS FOR THE CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE
GENERATED BY FEES COLLECTED AS BUILDING PERMITS ARE ISSUED FOR
DEVELOPMENT WITHIN THE BOUNDARIES OF THE DISTRICT
3. A DEED OF
STATED HEREIN
THEREOF
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT
AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS
DECEMBER 20, 1988
$125,000,000.00
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP
FIRST INTERSTATE BANK OF CALIFORNIA, A
CALIFORNIA CORPORATION
FIRST INTERSTATE BANK OF CALIFORNIA, A
CALIFORNIA CORPORATION
DECEMBER 23, 1988 AS FILE NO. 88-661636
OF OFFICIAL RECORDS
SAID MATTER AFFECTS THIS AND OTHER PROPERTY.
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED
{
/ !APRIL 14, 1989 AS FILE NO. 89-196179
OF OFFICIAL RECORDS
-1-
' '
SUBORDINATED TO
RECORDED
SCHEDULE B CONTINUED
DEED RESTRICTIONS (TRAIL)
APRIL 14, 1989 AS FILE NO. 89-196178
OF OFFICIAL RECORDS
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED
SUBORDINATED TO
RECORDED
APRIL 14, 1989 AS FILE NO. 89-196181
OF OFFICIAL RECORDS
IRREVOCABLE OFFER TO DEDICATE OPEN
SPACE EASEMENT AND DECLARATION OF
RESTRICTIONS
APRIL 14, 1989 AS FILE NO. 89-196180
OF OFFICIAL RECORDS
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED
SUBORDINATED TO
RECORDED
JULY 24, 1989 AS FILE NO. 89-388407
OF OFFICIAL RECORDS
MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
JULY 5, 1989 AS FILE NO. 89-354659
OF OFFICIAL RECORDS
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED
SUBORDINATED TO
RECORDED
JUNE 1, 1990 AS FILE
OF OFFICIAL RECORDS
EASEMENT & COVENANT
JUNE 1, 1990 AS FILE
OF OFFICIAL RECORDS
NO . 9 0-2 9 81 7 4
NO. 90-298175
101897-6
SAID DEED OF TRUST AND ASSIGNMENT OF RENTS HAS BEEN SUBORDINATED
TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE
PROVISIONS OF AN INSTRUMENT
RECORDED AUGUST 1, 1990 AS FILE NO. 90-421124
OF OFFICIAL RECORDS
SUBORDINATED TO DECLARATION OF COVENANTS CONDITIONS
ANO RESTRICTIONS
RECORDED AUGUST 1, 1990 AS FILE NO. 90-421123
OF OFFICIAL RECORDS
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED:
SUBORDINATED TO:
JULY 3, 1991 AS FILE NO. 1991-0327680
OF OFFICIAL RECORDS
DEED RESTRICTION
-2-
RECORDED:
SCHEDULE B CONTINUED
JULY 3, 1991 AS FILE NO. 1991-0327678
OF OFFICIAL RECORDS
NOTE: UPON RECEIPT OF A RECONVEYANCE AT THE CLOSE OF THIS
TRANSACTION THE ABOVE ITEM WILL BE ELIMINATED FROM THE FINAL
POLICY.
4. AN ASSIGNMENT OF RENTS AS ADDITION SECURITY FOR THE PAYMENT
OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH .
ASSIGNMENT WAS
EXECUTED BY:
TO:
RECORDED:
5. A FINANCING
INDEBTEDNESS TO
DEBTOR
SECURED PARTY
FILED
IN THE OFFICE OF
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
DELAWARE LIMITED PARTNERSHIP
FIRST INTERSTATE BANK OF CALIFORNIA, A
CALIFORNIA CORPORATION
DECEMBER 23, 1988 AS F!LE NO. 88-661637
OF OFFICIAL RECORDS
STATEMENT SHOWING THE MAXIMUM AMOUNT OF
BE SECURED THEREBY AS
· AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP
FIRST INTERSTATE BANK OF CALIFORNIA
DECEMBER 23, 1988 AS FILE NO. 88-661638
OF OFFICIAL RECORDS
THE COUNTY RECORDER OF SAN DIEGO COUNTY
SAID MATTER AFFECTS THIS AND OTHER PROPERTY.
A RELEASE RECORDED NOVEMBER 1, 1989, RECORDER'S FILE NO.
89-593670 AFFECTING LOT 230 MAP 12412, ~ND RECORDED JANUARY 31,
1990, RECORDER'S FILE NO. 90-054128 AFFECTING LOT 90 MAP 12410,
AND RECORDED FEBRUARY 22, 1990, RECORDER'S FILE NO. 90-94975
AFFECTING LOTS 87, 88 89 MAP NO. 12410 AND LOT 5 MAP 12409.
6. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED: MARCH 13, 1989
101897-6
BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE CORPORATION AND THE CALIFORNIA COASTAL
COMMISSION
REGARDING:
RECORDED:
DEED RESTRICTION (CONCERNING THE BATIQUITOS
LAGOON NORTH SHORE TRAIL)
APRIL 14, 1989 AS FILE NO. 89-196178
OF OFFICIAL RECORDS
7. A DOCUMENT ENTITLED "IRREVOCABLE OFFER TO DEDICATE
OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS" (CONCERNING
THE 100' BUFFER ZONE ADJACENT TO NORTH SHORE OF·BATIQUITOS
LAGOON} DATED MARCH 13, 1989, EXECUTED BY AVIARA LAND ASSOCIATES
LIMITED PARTNERSHIP, A DELAWARE CORPORATION, RECORDED APRIL 14,
1989, RECORDER'S FILE NO. 89-196180.
-3-
SCHEDULE B CONTINUED
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
8. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
MARCH 31, 1989
AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP,
A LIMITED PARTNERSHIP, AND THE CITY OF
CARLSBAD
AGREEMENT BETWEEN DEVELOPER-OWNER AND THE
CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC
FACILITIES FEE
JUNE 5, 1989 AS FILE NO. 89-296176
OF OFFICIAL RECORDS
9. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON
THE MAP OF THE TRACT SHOWN BELOW
MAP NO.: 112412
PROVISIONS: AS FOLLOWS:
THE OWNER ACCEPTS RESPONSIBILITY FOR DRAINAGE OVERLAND AND
ACKNOWLEDGES MAINTENANCE RESPONSIBILITY (IN PERPETUITY).
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT
BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE
SUBJECT PROPERTY UNLESS THE CITY ENGINEER DETERMINES THAT SEWER
FACILITIES ARE AVAILABLE AT THE TIME OF APPLICATION FOR SUCH
SEWER PERMITS AND WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF
OCCUPANCY.
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION, THAT
BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF
THE ZONE 19 LOCAL FACILITIES PLAN HAVE BEEN MET. THE PROJECT
MUST BE IN CONFORMANCE WITH COUNCIL RESOLUTION NUMBER 9322
APPROVED ON DECEMBER 22, 1987 AND ANY AMENDMENTS THERETO.THE
BUILDING PERMITS WHEN ISSUED WILL BE SUBJECT TO ANY FEES,. OTHER
CONDITIONS OR OTHER REQUIREMENTS IMPOSED AS PART OF THAT PLAN.
10. AN EASEMENT AFFECTING THE PORTION
PURPOSES STATED HEREIN AND INCIDENTAL
DEDICATED
OF SAID LAND AND FOR THE
PURPOSES, SHOWN OR
BY MAP NO.
FOR:
AFFECTS:
12412
4' GENERAL UTILITY
LOTS 233 THROUGH 302 INCLUSIVE
11. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES, SHOWN OR
DEDICATED
BY MAP NO.
FOR:
AFFECTS:
12412
GENERAL UTILITY, ACCESS AND PRIVATE STREET
LOT 303
-4-
101897-6
SCHEDULE B CONTINUED
101897-6
12. A NOTICE OF SPECIAL TAX LIEN RECORDED APRIL 9, 1990 AS FILE
NO. 90-189679 OF OFFICIAL RECORDS, THAT AMONG OTHER THINGS
PROVIDES FOR THAT SAID LAND LIES WITHIN THE COMMUNITY FACILITIES
DISTRICT NO. 1 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT.
13. AN AGREEMENT
PARTICULARS
DATED:
TO WHICH REFERENCE IS HEREBY MADE FOR FULL
MAY 16, 1990
BY AND BETWEEN:
REGARDING:
RECORDED:
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP AND THE
CITY OF CARLSBAD
AGREEMENT BETWEEN OWNER, DEVELOPER AND THE
CITY OF CARLSBAD FOR AN UNCONTROLLED
STOCKPILE
MAY 22, 1990 AS FILE NO. 90-279302
OF OFFICIAL RECORDS
14. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
APRIL 17, 1990
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP AND DANIELS
CABLEVISION INC., A DELAWARE CORPORATION
EASEMENT AND COVENANT REGARDING CATV
SERVICE
JUNE 1, 1990 AS FILE NO. 90-298175
OF OFFICIAL RECORDS
SAID DOCUMENT HAS BEEN AMENDED BY A DOCUMENT RECORDED APRIL 15,
1991 AS FILE NO. 1991-168678 OF OFFICIAL RECORDS.
15. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: SAN DIEGO GAS & ELECTRIC COMPANY, A
CORPORATION
FOR: UNDERGROUND FACILITIES AND APPURTENANCES
FOR THE TRANSMISSION AND DISTRIBUTION OF
ELECTRICITY, PIPELINES AND APPURTENANCES FOR
ANY AND ALL PURPOSES, COMMUNICATION
FACILITIES, AND APPURTENANCES
RECORDED: APRIL 27, 1990 AS FILE NO. 90-22~570
OF OFFICIAL RECORDS
AFFECTS: LOTS 229, 233-268 & 303
16. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION
OF RESTRICTIONS RECORDED AUGUST 1, 1990 AS FILE NO. 90-421123 OF
OFFICIAL RECORDS.
RESTRICTIONS, IF ANY BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
-5-
' .
I
SCHEDULE B CONTINUED
101897-6
WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR
RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN
GOOD FAITH AND FOR VALUE.
BY A DECLARATION OF ANNEXATION RECORDED FEBRUARY 6, 1991 AS FILE
NO. 91-0053111 OF OFFICIAL RECORDS, THE HEREIN DESCRIBED
PROPERTY WAS ANNEXED TO SAID COVENANTS, CONDITIONS AND
RESTRICTIONS.
BY A DECLARATION OF ANNEXATION RECORDED FEBRUARY 6, 1991 AS FILE
NO. 91-0053112 OF OFFICIAL RECORDS, THE HEREIN DESCRIBED
PROPERTY WAS ANNEXED TO SAID COVENANTS, CONDITIONS AND
RESTRICTIONS.
17. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED: .
BY AND BETWEEN:
REGARDING:
RECORDED:
18. AN EASEMENT
PURPOSES STATED
IN FAVOR OF:
FOR:
RECORDED:
AFFECTS:
JULY 6, 1990
THE CITY OF CARLSBAD AND AVIARA LAND ASSOCIATES
LIMITED PARTNERSHIP
SPECIAL ASSESSMENTS DISTRICT PASS-THROUGH
AUTHORIZATION AGREEMENT
OCTOBER 31, 1990 AS FILE NO. 90-590739
OF OFFICIAL RECORDS
AFFECTING THE PORTION OF SAID LAND AND FOR THE
HEREIN AND INCIDENTAL PURPOSES
PACIFIC BELL, A CALIFORNIA CORPORATION
COMMUNICATION FACILITIES, (INCLUDING INGRESS
THERETO AND EGRESS THEREFROM)
NOVEMBER 29, 1990 AS FILE NO. 90-636009
OF OFFICIAL RECORDS
AS FOLLOWS:
1. THOSE PORTIONS OF SAID LOTS 233 AND 302 INCLUSIVE DESIGNATED
AND DELINEATED ON SAID MAP AS, "4.00 GENERAL UTILITY EASEMENT
TO THE CITY OF CARLSBAD DEDICATED HEREON."
2. LOT 303, SAID LOT DESIGNATED AND DELINEATED ON SAID MAP AS
"AVIARA DRIVE (PRIVATE STREET}" AND "GENERAL UTILITY AND ACCESS
EASEMENT ••• "
19. A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN
NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER
THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND.
DISTRICT: NO. 1 CITY OF CARLSBAD
DISCLOSED BY: AN ASSESSMENT DISTRICT BOUNDARY MAP
RECORDED: DECEMBER 19, 1990
INSTRUMENT/FILE NO. 90-674118
OF OFFICIAL RECORDS.
-6-
•
SCHEDULE B CONTINUED
101897-6
20. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION
OF RESTRICTIONS RECORDED FEBRUARY 8, 1991 AS FILE NO. 91-0057543
OF OFFICIAL RECORDS.
AND RE-RECORDED MARCH 15, 1991 AS FILE NO. 1991-0114756 OF
OFFICIAL RECORDS
RESTRICTIONS, IF ANY BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR
RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN
GOOD FAITH AND FOR VALUE.
21. A NOTICE OF SPECIAL TAX LIEN RECORDED MAY 20, 1991 AS FILE
NO. 1991-0236959 OF OFFICIAL RECORDS, REGARDING CITY OF
CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
22. IMPROVEMENT REQUIREMENTS AS SET FORTH ON SAID PARCEL MAP
NO. 16451.
23. A DOCUMENT ENTITLED DEED RESTRICTION, DATED MAY 29, 1991 BY
AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP AND BETWEEN
CALIFORNIA COASTAL COMMISSION, RECORDEIT JULY 3, 1991 AS FILE NO.
1991-0327678 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
NOTE: NO KNOWN MATTERS OTHERWISE APPROPRIATE TO BE SHOWN HAVE
BEEN DELETED FROM THIS REPORT, WHICH IS NOT A POLICY OF TITLE
INSURANCE, BUT A REPORT TO FACILITATE THE ISSUANCE OF A POLICY
OF TITLE INSURANCE.·
FOR PURPOSES OF 0 POLICY ISSUANCE THE FOLLOWING ITEMS MAY BE
ELIMINATED ON THE BASIS OF AN INDEMNITY AGREEMENT OR OTHER
AGREEMENT SATISFACTORY TO THIS COMPANY AS INSURER:
NONE
-7-
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