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Home My WebLink AboutMP 177J; AVIARA PA 28 BUILDING HEIGHT; Master Plan (MP) (2)11 Q Pt GaL ; eu n ATn!n"t C Local CoastaL Plan Ammmir C Site Development Plan Zoneange Q Condironai Use Pmit S Hillside Development Pit C Environntenzai !npact Mses'ment Cl Variance P'anned Indusniat Pr CoastaL Development Pennic (: P12?!lfng Co'm,is'on Dmrfnn LI • (TTOFCARLAD - t.AND USE REVIEW APPUC&TICN W - FOR PAGE 1. OF 2 1.) APPUCXI!ONS APPlIED FOP.* (CHECK BOS) am Darr flM 11NTV Maw PL= Amendment I 77 (T) C Specific Plan. C Prdse Oevopc Plan Tranve tract Map' Planned Deve1opmx Pr Non-aesidantiaL Planned Oeveiapmr Condominium Pmix Spedai Use Pmix C Redevelopment Pmit , nadve Parcel Map Adminisnadve Variance list any O&W applirrons nor speciced. 2)LOC&TIONOPPROECr:ONTHE South ] SIDE OF' Jfuture Batiquitos j)riv (NORTh. SOUTH EASr. WEST)_____________________ (NAME OF STREET) BETWEEN future Kestre1jDr. JAviara Drive I (NAME OF STREET) (NAME OF STREET) 3) 13RMF LEGALDESCUFrZON: IPlanning Area 28 - Lot 7 of CT 89-37 4)ASSESSORPAR.NO(S). 1215-644-04 S) LOCAL FACIZflES I 19 16) EXMTM GENERAl. PlJN LM 1 GENERAl. PLAN TN/A I MANAGEMENT ZONE DESIGNATION DESIGNATION 8) EXISTING ZONING J p' J 9) MPOSED ZONING I N/A I 1M GROM SITE F 44. ii, ACREM 11) { N/A J N/A J OF SUBDIVISION RESIDENTIAl. UNITS I OF LOTS coMMERcxl. _____ 4DUSTRlAU 14)NUMBEROFNGRafrZALUNTT - I None exilting. 65 approved. - :.i-:; 5 ;..1w,'5 ;: . .• QTY OF CARLSBAD LAND USE REVIEW APPUCXflON ZOFZ 17) pERltAGE OF PROPOSED PRCIECI'iN OPEN SPAa I N/A I 18) PROPOSED SEWER. USAGE IN EQUIVALENT DWELLING UNITS I 6 c I 19) PROPOSED INCREASE IN AVERAGE: IA1LY TRAFFIC 20) PROJECTNAM& JAviara Planning Area 2R I 21) aR1EPDEsQ1yrIoN OF PROJECT!: Master Plan Amendment to revise u1nits a 18 feet to a minimum of 401 not to exceed 22 feet and remainder not to,,eceed 30 feet. ____ NECESSARY FOR MEMBERS OF QTT SEAM, 22) IN THE PR F C APPUCX1!ON IT MAY BE PLANNING COMM DESIGN REVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECr AND ENTER ThEO IS THE $UBJECI OF THIS APPUC&1ION. I/WE CONSENT TO ENTRY FOR TIUS PROP POSE: D.L. Clemens/Vice President 23) OWNER 24) APPUCANT NAPRINTORITPE) Aviara.Land Associate MA RINTOR.TiPE) Aviara Land Associate Limited Partnership I Limited Partnership MAILING ADDRESS MAILING ADDRESS 2011..Palomnar_AirportRd., _Suite206_ 2011 Palomar Airport Rd..Suite20( CIT AND STATE MP TELEPHONE Cl? AND STATE MP I .E PHONE Carlsbad,CA.92009931-1190 Carlsbad, CA 920099.31-1190 ?L tmNQW AMO1A UM&flN AI1YflT AM ivø A?AZ&ThiI VfPCF2WM 31MANDC00=107M LsrRUM4D A -.-I_ 7 FOR crrIf USE ONLY ,% RE .MVE D FEE COMPUTATION: APPUCATION 1'IPE FEE REQUIRED - APR 2 6 1994 CTYOFCALA I So 00 - - 0A1E StAMP U'Trc _c- s-o ooo lowlk- PEE REQUIRED I_2_70 f DATE FEE, PAW . It(Q REC1PrNo.I995-3 . I,. z)WCONOFPROJECr:cNrHE South J SIDE air Ifuture Batiqiiitos)rjvc (NORM SOUTH EAST. WEST) (NAME OF STREET) BETWEEN Ifuture Kestrelbr.Am JAviara Drive. 1 (NAME OF STREET) (NAME OF 3) BRIEF LEGAL 3ESIPTION: I Planning Area 28 - Lot 70± CT 89-37 4)ASSESS0KPAR.NO(S). 1215-644-04 5) LOCM. FACIZII I 19 1 6) STING GmRAi. PLAN IRLM 17' PROPOSED GENERAL PLAN MANAGEMENT ZONE . . DESIGN#I1ION DESIGNATION 8) EXISTING ZONING Lr I ) PROPOSED ZONING I N.IA I SS1TE ACREWE 144W ii ) PROPOSED NUMBER O I N/A I 12) PROPOSED NtJME. N/A J TE OF SUBDIVISION RESIDENTTAL. UNrIZ OF LOTS DUSTBIA1 14) NUMBER OF EM-MG REENTTLus= . None exiting. 65 approved. •;I, .. sj.qS 11 Lor.i DISCLOSURE STATEMENT ucwr 3MEN'r CF C!ScCSURE CF C.-STAIN OWNERSHIP INTEREST 3 ON M P..1cATONS W)4O4 Wit CUi SGTCNAY ACTCN CM i-i OF rE C.-.f CCUNcU.. OR ANY APPOINTED SOAPO. CCMMISSICNCR CCMMrrr-,:F- (Please rtt7t) The following information must be disciosed: 11 - Aoolicarlt Ust the names and addresses of all persons having a financai interest in the application. Aviarn Land Ag Tmjg Partners 2011 Palomar Airport Suite 206 Carlsbad, CA 92009 2. Owner Ust the names and addresses of all persons having any ownership interest in the praperty irivolvec. Airiara Land Associates Limited Partnershit, 2013. Palomar Airport Rd. Suite 206 (arlsbad., CA 94009 3. if any person identified pursuant to (1) or (2) above is a corporation or partnership. list Me names arc addresses of all individuals owning more than 10% of the shares in the corporation or owning- any partnersni interest in the partnership. N/A 4. If any person idenflad pursuant to (1) or (2) above is a non-profit organization, or a trust, liSt the names an addresses of any person serving as officer or director of the non -profit organization or as trustee or beneiic:ar of the trust. N/A FRM00013 &'gO 2075 Las Pahmas Drive e Car1scac. California 92009-'859 • (619) 438.1161 0' 0 (Over Disclosure Statement Page 2 S. Have you mad more than $250 worth of business transacad with any member of City staff. Scat Commissions, Committees and Coundlwithin the past twelve months? Yes No X . If yes. please incicate person(s) OWSOR, 11 4eifl44 u Any in4mdt44. firm. coomuvsmO6 jasvtv..iw.. sus. *osi duO. tr.md or aDofl. 0,5Orm0et. uzir.. Vust. fC*v*I. iyndscor*. IIs sf0 ii *m.v cou nw. cw and coumv. any mun.sondy. daaor or anor ømme. suoasvi..on. W any an.r ;ro or omowi4t*o.1 sconq sd a nst. (NCTS Attach additional pages as necessary.) Owner: Aviara Land Associates Limited Partnership, a Delaware limited partnership BY: Aviara Landpany, a Delaware co General Partner ]D. L Clemens/Vice President By: .9 4A Ted L. Hoover/Assistant Secretary Date: 4/25/94 BY: Republic Development Co., a 7 — fornia corp tion, D. L. Clem7ice lq=d=t By:_JiL iiv_ Ted L Hoover/Assistant Secretary Date: 4/25/94 Applicant: Aviara Land Associates Limited Partnership, a Delaware limited partnership BY: Aviara Lan ompany, a Delaware —2oneral Partner D. L. C ins/Vicc President, By: Ted L Hoover/Assistant Secretary Date: 4/25/94 BY: Republic Development Co., a orna c p ion, Gen e By.LA— D. L Cle ice President By. 9 4..4 Lttv~~~ Ted L. Hoover/Assistant Secretary Date: 4/25/94 PROJECT DESCRIPTTCN/EXPLANATTON PRCJEcYNAME Master Plan Amendment T Aviara Planning Area 28 APPUcANTNAME Aviara Land Associates Limited Partnership P'ease describe fully the proposed proec. Include any details necessary to adeguatety explain the scope and/or operation of the proposed prce. 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. Oescrptfori/Expfanation. The proposed project is a Master Planflanendment to revise a portion of page 179 of the Aviara Master Plan text. This revision to the building height development standards would allow an increase in the maximum allowable standard height of the future residential homes. Existing Master Plan wording allows that none of the approved 65 homes within the neighborhood exceed 18 feet to the peak of the highest roof. This minimal standard will result in monotonous rows of repetitive 18 foot high homes. The proposed amendment to the text allows that a maximum 60% of the units may achieve a 30 foot height and a minimum of 40% of theunits not to exceed 22 feet. It is believed that this formula will allow for some variation in structural heights, will avoid a monotonous effect of redundant heights, will not result in any negative visual impacts, and will help meet market demand for a variety of home sizes and plans. I DESCRIPTION: This-45.6 acre planning area located at the southwest corner of the Aviarà Resort and Country Club Master Plan consists of single family homes. This neighborhood is located along the north shore of Batiquitos Lagoon on the south side of Batiquitos Drive just west of the 1st hole of the golf course. DEVELOPMENT STANDARD: R-1-10 All development in this planning area shall conform to the standards. of the R- 1 10,000 One-Family Residential zone described in Chapter 21.10 of the Carlsbad Municipal Code unless otherwise noted in this chapter. USE ALLOCATION: Maximum of 66 residential units (1.44 DU/AC). Private recreation facilities shall be allowed in conjunction with the residential units and area a requirement of the planning area. PERMITTED USES: Single family residential housing. SITE DEVELOPMENT STANDARDS: Height: The maximum height in this planning area is 24 30 feet to the peak of the roof. To ensure variety in roof heights, a minimum of 40% of the units shall be no higher than 22 feet. All heights shall be measured to the peak of the highest roof as defined by Section 21.04.065 of the Carlsbad 'Municipal Code.. Lot Size: The minimum lot size shall be 10,000 square feet. The minimum lot width shall be 70 feet except that lots fronting on a knuckle or cul-de-sac shall not be less than 50 feet in width. At lest 15% of the lot area shall be reserved for open space. This open space shall be located in the rear yard and' shall not exceed a gradient of 5%. Setbacks: A minimum setback of 150 feet from the wetlands boundary shall be observed for all grading and structures except for trail related features. All structures shall be setback a minimum of 35 feet from Batiquitos Drive. The standards front yard setback shall be 20 feet. In order to provide a variety of' front yard setbacks, a minimum of 37 units shall have 26-foot setbacks. The minimum side yard setback shall be 10 feet. All other setbacks shall be. per Chapter 21.10 of the Carlsbad Municipal Code. Additional front., rear and/or side yard setbacks may be required for those yards facing the lagoon. Parking: Parking shall conform to the standards of Chapter 21.44 of the Carlsbad, Municipal Code. . 179 CASE NO. DATE: ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I (To be Completed by APPLICANT) Applicant: Avtiara Land Associates Limited Partnership Address of Applicant: 2011 Palomar Airport Rd., #206 Carlsbad, CA 92009 Phone Number: (_619) 931-1190 Name, address and phone number of person to be contacted (if other than Applicant): Paul J. Kiukas (208) 667-8221 GENERAL INFORMATION: (Please be specific) Project Description: Master Plan Amendment to allow an increase in maximum structural building heights in Aviara PA 28 to a maximum 60% of units @. 30 ft. and a minimum 40% of units @ 22 ft. in height. Project Location/Address: Aviara Planning Area 2:8 Assessor Parcel Number: 215 - 644 - 04 General Plan/Zone of Subject Property: RLM / PC Local Facilities Management Zone: 19 Is the site within Carlsbad's Coastal Zone? Yes Please describe the area surrounding the site to the North: graded - future SF East: Aviara golf course South: Baticiuitos Lagoon West: Open Space List all other applicable permits '& approvals related to this project: CT 89-37, CT 90-31 F! . (Please be Specific. Attach Additional Pages or Exhibits, if necessary) 1. 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. Site is partially graded at this time, and contains a temporary desiltation basin. No affect to-approved grading is proposed by the Master Plan Amendment. 2. Please describe energy conservation measures incorporated into the des -ign and/or operation of the project. All UBC requirements to be incorporated. 3. PLEASE ATTACH A PROJECT SUMMARY SHEET WHICH SHOWS THE FOLLOW-ING: 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 SANOAG rates). N/A 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. N/A c. If an industrial project, indicate the exact type or indust'ry(ies), average daily traffic generation (latest SANDAG rates),, estimated employment per shift, time of shifts, and loading facilities., N/A d. If an institutional project, indicate the major project/site function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. ' N/A 3 . I. 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. YES 1) Could the project significantly impact or change present or future land uses in the vicinity of the activity? EXPLANATION: The proposed maximum height change will not affect land use. 2) Could the activity affect the use of a recreational area, or area of aesthetic value? EXPLANATION: ChT1ge in height will not affect use of the nearby public trail or other recreation uses. 3) Could the activity affect the functioning of an established community or neighborhood? EXPLANATION: Change in height will' have no affect on any established neighborhood. 4) Could the activity result in the displacement of . x community residents? . . . . . • EXPLANATION: No residents reside in the area . at this time. • X., X, ru is . YES NO 5) 6) Could the activity increase the number of low and moderate cost housing units in the city? EXPLANATION: The increase in height will have no affect on low income housing units. The site has never been designated for affordable units. COuld .the activity significantly affect existing housing or create a demand for additional housing? EXPLANATION: No affect on demand for housin will result from the increase in maximum building height. X 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? EXPLANATION: The subject area is a1ready approved :for development Could the activity significantly affect an historical or archaeological site or its settings? EXPLANATION: Ali archaeological impacts mitigated.: Could-the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? EXPLANATION: No impact to scarce natural resources will result from this proposal, 8) 9) X X 5 YES NO 10) Could-the activity significantly affect fish, wildlife or plant resources? EXPLANATION: The increase in maximum building height will have no effect on fish, wildlife or plant resources. 11) Are there any rare or endangered plant or animal species in the activity area? EXPLANATION Biological surveys conclude that no rare or endangered plant or animals exist on the buildable portion of this planning area. la) Could the activity change existing features of any of the city's stream, lagoons, bays, tidelands or beaches? EXPLANATION: No impact whatsoever to these features will result. 13) Could the activity result in the erosion or elimin- ation of agricultural lands? EXPLANATION: No agricultural lands exist on the subject site. 14) Could the activity serve to encourage development of presently undeveloped areas or intensify develop- x ment of already developed areas? EXPLANATION: The proposed Master Plan Amendment will not encourage development of any area not already approved for development. 6 X X- - YES NO. 15) Will the activity require a variance from estab- lished environmental standards (air, water, noise, etc.)? EXPLANATION: No variance is required. A Master Plan Amendment is proposed and required. 16) Is the activity carried out as part of a larger project or series of projects? EXPLANATION: Aviara Master Plan 17) Will the activity require certification, authoriza- tion or issuance of a permit by any local, state or federal environmental control agency? X EXPLANATION: Master Plan Amendment will require approval of the California Coastal Commission. 18) Will the activity require issuance of a variance or conditional use permit by the City? EXPLANATION: None required. 19) Will the activity involve the application, use, or disposal of potentially hazardous materials? EXPLANATION: No hazardous materials to be utilized or allowed by virtue of the subject Master Plan Amendment. x 7 0 YES 20) Will the activity involve construction of facilities. in a flood plain? EXPLANATION: No floodplain construction. 21) Will the activity involve construction of facilities in the area of an active fault? EXPLANATION: No known faults 'in the area. 22) Could the activity result in the generation of significant amounts of dust? EXPLANATION: The increase in structural building height should not result in significant additional dust generation. 23) Will the activity involve the burning of brush, trees, 'or other materials? EXPLANATION: No 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 change in air or water resources will result. x x x 91 I I . YES NO 25) Will the project substantially increase fuel consumption. (electricity, oil, natural gas, etc.)? EXPLANATION: The increase in structural height will not substantially increase fuel consumption. 26) Will the activity involve construction of facilities on a slope of 25 percent or greater? EXPLANATION:. No impact to slopes will result from the proposed amendment. 27). Will there be a significant change. to existing land form? (a) Indicate estimated grading to be done in cubic yards: iJ/A (b) Percentage of alteration to the present land form: N/A (c) Maximum height of cut or fill slopes: N/A EXPLANATION: No impact to approved grading is proposed. 28) Will the activity result in substantial increases in the use of utilities, sewers, drains or -streets? EXPLANATION:. No substantial increase in infrastructure use will result. X 9 I I YES No: 29) Will the project significantly increase wind or water erosion of soils? EXPLANATION: No increase in erosion will result. 30) Could the project significantly affect existing fish or wildlife habitat? EXPLANATION: No impact to fish or wildlife will result. X 31) Will the project significantly produce new light or glare? EXPLANATION: No significant new light or glare will result from the amendment. X 10 Signature II. 4' If you have answered yes to any of the questions in Section I but think the activity will have no significant environmental effects, indicate your reasons below: 16. The proposed amendment is to the approved Aviara Master Plan. 17. The proposed Master Plan Amendment will require approval of the California Coastal Commission 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.) Date Signed f!( 11 AME/1 . . ORDER NO. 1089810-15 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 APRIL 22, 1994 HILLMAN PROPERTIES WEST 2011 PALOMAR AIRPORT ROAD, SUITE 206 CARLSBAD, CALIFORNIA 92009 ATTN: PAM WHITCOMB YOUR REF: PLANNING AREA 28 OUR ORDER NO. 1089810-15 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND '' ESTATE' OR INTEREST THEREIN HEREINAFI'ER SET FORTH, INSURING AGAINST LOSS WHICH NAY BE SUSTAINED BY REASON OF ANY DEFECT, tT!I 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 FORTE HEREIN. COPIES OF THE POLICY FORMS' SHOULD BE BEAD. THEY ARE AVAILABLE FROM THE OFFICE WHICH iSsuu THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISsuu 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 APRIL 20, 1994 AT 7:30 A.M. " GREG SPANIOL/R}IF - TITLE OFFICER DIRECT DIAL PHONE 231-4656 PAGE 1 • M / / S . ORDER NO. 1089810-15 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: SUBDIVISION MAP GUARANTEE 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 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1994-95. A LIEN. NOT YET PAYABLE. 2. A REPORT TO FOLLOW ON: BONDS OR ASSESSMENTS 3. SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA REVENUE AND TAXATION CODE. PARCEL NO. 900-000-27. ORIGINAL 1ST INSTALLMENT $29,945.97 PAID ORIGINAL 2ND INSTALLMENT $29,945.97 PAID NOTE: NO DETERMINATION IS MADE AS TO THE ASSESSED TAX YEAR. 4. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. PAGE 2 A \t k. . fl ORDER NO. 1089810-15 5. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 6. AN EASEMENT FOR WATER SYSTEM, SEWERAGE, DRAINAGE, POWER LINE, EXCAVATION, AND/OR EMBANKMENT FACILITIES AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED MARCH 11, 1976 AS FILE NO. 76-071622 OF OFFICIAL RECORDS, LOCATED WITHIN LOT 7 AS SHOWN ON MAP NO. 12967. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.. A PORTION OF SAID EASEMENT WAS ELIMINATED BY CORPORATION QUITCLAIM DEED OF EASEMENT RECORDED MAY 31, 1990 AS FILE NO. 90- 296040 OF OFFICIAL RECORDS. 7. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE DISTRICT NO. 1" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY OF CARLSBAD A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 19, 1986 1 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. 8. AN AGREEMENT REGARDING TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT (LAGOON NORTH. SHORE TRAIL), DATED JUNE 6, 1988, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: 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. RECORDED: JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 9. AN EASEMENT FOR PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE TRAIL) AND INCIDENTAL PURPOSES IN FAVOR OF STATE OF CALIFORNIA ACTING BY AND THROUGH THE STATE LANDS COMMISSION, RECORDED JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS, LOCATED WITHIN LOT 7 AS SHOWN ON MAP NO. 12967. PAGE 3 * •AMERl :1 .1. . S ORDER NO. 1089810-15 REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 10. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $125, 000, 000. 00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED DECEMBER 23, 1988 AS FILE NO. 88-661636 OF OFFICIAL RECORDS. DATED: DECEMBER 20, 1988 TRUSTOR: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,, A DELAWARE LIMITED PARTNERSHIP TRUSTEE: FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY: FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION AFFECTS THE PROPERTY HEREIN DESCRIBED WITH OTHER PROPERTY. SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION (OPEN SPACE) RECORDED APRIL 14, 1989 AS FILE NO. 89-196176 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL 14, 1989 AS FILE NO. 89-196177 OF OFFICIAL RECORDS.. SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION (TRAIL) RECORDED APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL 14, 1989 AS FILE NO. 89-196179 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT RECORDED JUNE 29, 1989 AS FILE NO. 89-345755 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED JUNE 29, 1989 AS FILE NO. 89-345756 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED JULY 5, 1989 AS FILE NO. 89-354659 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED JULY 24, 1989 AS FILE NO. 89- 3 88407 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT AND COVENANT REGARDING CATV SERVICE RECORDED JUNE 1, 1990 AS FILE NO. 90- 298175 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED JUNE 1, 1990 AS FILE NO. 90-298174 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION RECORDED SEPTEMBER 25, 1991 AS FILE NO. 91-0493746 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED SEPTEMBER 25, 1991 AS FILE NO. 91-0493747 OF OFFICIAL RECORDS. PAGE 4 S . ORDER NO. 1089810-15 SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION RECORDED DECEMBER 5, 1991 AS FILE NO. 91-0626216 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED DECEMBER 5, 1991 AS FILE NO. 91-0626217 OF OFFICIAL RECORDS. AN INSTRUMENT DATED JUNE 22, 1992, RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406651 OF OFFICIAL RECORDS, EXECUTED AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED SAID DEED OF TRUST IS SUBORDINATE TO THE AMENDED AND RESTATED DEED RESTRICTION RECORDED NOVEMBER 17, 1992 AS FILE NO. 1992- 0734638 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED NOVEMBER 17, 1992 AS FILE NO. 1992-0734639 OF OFFICIAL RECORDS. Ii. AN ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT WAS EXECUTED BY: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TO : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED : DECEMBER 23, 1988, RECORDER'S FILE NO. 88- 661637 12. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER SHOWING: DEBTOR: AVIABA LAND ASSOCIATES LIMITED PARTNERSHIP SECURED PARTY: FIRST INTERSTATE BANK OF CALIFORNIA RECORDED: DECEMBER 23, 1988 AS FILE NO.. 88-661638 OF OFFICIAL RECORDS. PROPERTY COVERED: AS SET FORTH THEREIN. AN AMENDMENT TO SAID INSTRUMENT RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406652 AND JULY 15, 1993 AS FILE NO. 1993-0453042, BOTH OF OFFICIAL RECORDS 13. THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT, AS DISCLOSED BY INSTRUMENT RECORDED MARCH 14, 1989 AS FILE NO. 89-242769 OF OFFICIAL RECORDS. A NOTICE OF SPECIAL TAX LIEN RECORDED APRIL 9, 1990 AS FILE NO. 90-189679 OF OFFICIAL RECORDS. PAGE 5 •. \4t./1 /4. S . ORDER NO. 1089810-15 14. AN INSTRUMENT ENTITLED "DEED RESTRICTION (OPEN SPACE)", DATED MARCH 22, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS AND RESTRICTIONS CONTAINED THEREIN EXECUTED BY AND BETWEEN AVI.ARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND THE CALIFORNIA COASTAL COMMISSION, RECORDED APRIL 14, 1989, AS FILE NO. 89-196176 OF OFFICIAL RECORDS. A RELEASE. OF DEED RESTRICTION (OPEN SPACE) RECORDED JULY 3, 1991 AS FILE NO.. 91-0327679 OF OFFICIAL RECORDS. 15. AN AGREEMENT REGARDING DEED RESTRICTION (LAGOON NORTH SHORE TRAIL), DATED MARCH 13, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION AND THE CALIFORNIA COASTAL COMMISSION. RECORDED: APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL RECORDS., REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS., 16. AN EASEMENT FOR AN OPEN-SPACE EASEMENT IN GROSS AND PERPETUITY FOR LIGHT, AIR, VIEW, AND FOR THE PRESERVATION OF SCENIC. QUALITIES. (LAGOON NORTH SHORE 100' BUFFER) AND INCIDENTAL PURPOSES IN FAVOR OF THE STATE OF CALIFORNIA, A POLITICAL SUBDIVISION, RECORDED APRIL 14, 1989 AS FILE NO. 89-196180 OF OFFICIAL RECORDS, LOCATED WITHIN LOT 7 AS SHOWN ON MAP NO. 12967., REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 17. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE, DATED MARCH 31, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVI.ARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD. RECORDED:. JUNE 5, 1989 AS FILE NO. 89-296176 OF OFFICIAL RECORDS, REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS a 18. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD, RECORDED JUNE 29, 1989 AS FILE NO. 89-345755 OF OFFICIAL RECORDS, LOCATED WITHIN LOT 7 AS SHOWN ON MAP NO. 12967. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 6 S . ORDER NO. 1089810-15 19. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS AND CHARGES BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN AS CONTAINED IN THE DECLARATION OF RESTRICTIONS RECORDED JULY 5, 1989 AS FILE NO. 89- 354659 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THIS DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ANY REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR FIRST MORTGAGE. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. FIRST AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED JULY 31, 1990 AS FILE NO. 90-418521 OF OFFICIAL RECORDS. SECOND AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED FEBRUARY 8,1991 AS FILE NO. 91-0057543 AND RE-RECORDED MARCH 15, 1991A5 FILE. NO. 91-0114756, BOTH OF OFFICIAL RECORDS. AFFECTS. MAP NO. 12967. THIRD AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVI.ARA, RECORDED SEPTEMBER 16 1 1991 AS FILE NO. 91-0475307 OF OFFICIAL RECORDS. FIRST AMENDED AND FULLY RESTATED ASSIGNMENT OF DECLARANT'S RIGHTS UNDER MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE AVIARA COUNTRY CLUB AND RESORT, DATED JUNE 22, 1992, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406653 OF OFFICIAL RECORDS. RESTATED SUPPLEMENTARY ANNEXATION FOR PHASE II AND ADMINISTRATIVE MODIFICATION OF DECLARATION FOR AVIARA RECORDED FEBRUARY 24, 1-994 AS FILE NO. 1994-0124630 OF OFFICIAL RECORDS. PAGE 7 16 cl S S ORDER NO. 1089810-15 20. AN AGREEMENT REGARDING UNITY OF CONTROL, DATED FEBRUARY 20, 1990 ? UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP; DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP; LYON COMMUNITIES, INC., A CALIFORNIA CORPORATION; RDC. DEVCO II LIMITED PARTNERSHIP, A. DELAWARE LIMITED PARTNERSHIP; A-M HOMES, A CALIFORNIA LIMITED PARTNERSHIP AND BRAMALEA CALIFORNIA INC., A CALIFORNIA CORPORATION. RECORDED: APRIL 16, 1990 AS FILE NO. 90-204778 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS4. 21. AN EASEMENT AND COVENANT REGARDING CATV SERVICE, DATED APRIL 17, 1990, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND DANIELS CABLEVISION, INC., A DELAWARE CORPORATION, RECORDED JUNE 1, 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS. AN ASSUMPTION AND EASEMENT AGREEMENT DATED APRIL 17, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: DANIELS CABLEVISION, INC., A DELAWARE CORPORATION AND A-M HOMES, A CALIFORNIA LIMITED PARTNERSHIP. RECORDED: JUNE 1 1 1990 AS FILE NO. 90-298179 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. FIRST AMENDMENT TO EASEMENT AND COVENANT REGARDING CATV SERVICE, RECORDED APRIL 15, 1991 AS FILE NO. 91-0168678 OF OFFICIAL RECORDS. 22. THE FACT THAT SAID LAND LIES WITHIN THE ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD), AS DISCLOSED BY INSTRUMENT RECORDED OCTOBER 31, 1990 AS FILE NO. 90-590739 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 23. THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED BOUNDARIES OF COMMUNITY FACILITIES' DISTRICT NO. 1, AS DISCLOSED BY INSTRUMENT RECORDED DECEMBER 19, 1990 AS FILE NO. 90-0674118 OF OFFICIAL RECORDS. PAGE 8 A \ ER S . ORDER NO. 1089810-15 NOTICE OF SPECIAL TAX LIEN RECORDED MAY 20, 1991 AS FILE. NO., 91- 0236959 OF OFFICIAL RECORDS. 24. A HOLD HARMLESS AGREEMENT DATED FEBRUARY 20, 1991, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN., EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP AND CITY OF CARLSBAD. RECORDED: MARCH 22, 1991 AS FILE NO. 91-0127324 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 25. A HOLD HARMLESS AGREEMENT DATED JUNE 18, 1991, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD. RECORDED: JULY 10, 1991 AS FILE NO. 91-0337923 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 26. AN UNRECORDED AGREEMENT DATED JULY 23, 1991, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN, AS DISCLOSED BY MEMORANDUM OF AGREEMENT, EXECUTED BY AND BETWEEN ODMARK &. THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, A CALIFORNIA GENERAL, PARTNERSHIP, AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, RECORDED SEPTEMBER 4, 1991 AS FILE NO.. 91-0453555 OF OFFICIAL RECORDS. 27. AN INSTRUMENT ENTITLED "DEED RESTRICTION", DATED SEPTEMBER 4, 1991, UPON THE TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVIARA MASTER ASSOCIATION, A CALIFORNIA NON-PROFIT MUTUAL BENEFIT CORPORATION, AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE CALIFORNIA COASTAL COMMISSION, RECORDED SEPTEMBER 25, 1991 AS FILE NO. 91-0493746 OF OFFICIAL RECORDS. 28. AN INSTRUMENT ENTITLED "DEED RESTRICTION", DATED NOVEMBER 15, 1991, UPON THE TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE CALIFORNIA COASTAL COMMISSION, RECORDED DECEMBER 5, 1991 AS FILE NO. 91-0626216 OF OFFICIAL RECORDS. PAGE 9 . . ORDER NO. 1089810-15 29. THE FOLLOWING RECITAL AS SHOWN ON MAP NO. 12967: THE OWNER OF THIS PROPERTY ON BEHALF OF ITSELF AND ALL OF ITS SUCCESSORS IN INTEREST HAS AGREED TO HOLD HARMLESS AND INDEMNIFY THE CITY OF CARLSBAD FROM ANY ACTION THAT MAY ARISE THROUGH ANY GEOLOGICAL FAILURE, GROUND WATER SEEPAGE OR LAND SUBSIDENCE AND SUBSEQUENT DAMAGE THAT MAY OCCUR ON OR ADJACENT TO, THIS SUBDIVISION DUE TO ITS CONSTRUCTION, OPERATION OR MAINTENANCE. 30.. THE SUBDIVISION MAP REFERRED TO IN THE LEGAL DESCRIPTION HEREIN CONTAIN VARIOUS RESTRICTIONS IN IMPROVING OR DEVELOPING THE PROPERTY HEREIN DESCRIBED. REFERENCE IS MADE TO SAID MAP FOR, FURTHER PARTICULARS. 31. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM BATIQUITOS DRIVE EXCEPT THOSE PORTIONS NOTED AS "ACCESS OPENINGS" ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 12967. 32. AN EASEMENT FOR SEWER AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 12967, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS: LOT 7. 33. AN EASEMENT FOR 20' SEWER AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 12967, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS: LOT 7. 34. AN EASEMENT FOR SEWER AND DRAINAGE AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 12967, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS: LOT 7. 35. AN EASEMENT FOR DRAINAGE AND ACCESS FOR DETENTION BASIN PURPOSES AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 12967, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS: LOT 7. 36. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 12967, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS: LOT 7. PAGE 10 • 46 ORDER NO. 1089810-15 37. AN INSTRUMENT ENTITLED "AMENDED AND RESTATED DEED RESTRICTIONt', DATED MAY 8, 1992 UPON THE TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVIABA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE CALIFORNIA COASTAL COMMISSION, RECORDED NOVEMBER 17, 1992 AS FILE NO. 1992-0734638 OF OFFICIAL RECORDS. AFFECTS MAP NO. 12967. 38. AN AFFORDABLE HOUSING DEVELOPMENT AGREEMENT DATED JULY 29, 1993, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: AUGUST 25, 1993 AS FILE NO. 1993-0554264 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 39. THE TERMS, COVENANTS, AND PROVISIONS OF THE PARTNERSHIP REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS. 1993-1994 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09132 215-644-04 $48,826.61 PAID $48,826.61 PAID $3,083,323.00 $-o - $-o- PAGE 11 ER • ORDER NO. 1089810-15 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 7 OF CITY OF CARLSBAD TRACT NO. 89-37, AVIARA PHASE II, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12967, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 16, 1992. PAGE 12