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HomeMy WebLinkAboutMP 177N; AVIARA PLANNING AREA 12 & 13; Master Plan (MP)r- CITY OF CARLSBAD •, LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2 1') APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT (FOR DEPT USE ONLY) USE ONLY) Master Plan Amendment 5774 0 General Plan Amendment Specific Plan 0 Precise Development Plan 0 Tentative Tract Map 0 Planned Development Permit Non-Residential Planned Development O Condominium Permit O Special Use Permit 0 Redevelopment Permit O Tentative Parcel Map Obtain from Eng. Dept Administrative Variance Administrative Permit - 2nd Dwelling Unit J Local Coastal Plan Amendment El Site Development Plan Zone Change O Conditional Use Permit O Hillside Development Permit 0 Environmental Impact Assessment Variance O Planned Industrial Permit 0 Coastal Development Permit [J Planning Commission Determination List any other applications not specificed 2) 'LOCATION OF PROJECT: ON THE South SIDE OF I Alga Road 1 (NORTH, SOUTH EAST. WEST) (NAME OF STREET) BETWEEN I Blackrail Rd4 AND (Blue Herron Drivel (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: 4) ASSESSOR PARCEL NO(S). I - h - - 0 —0 I 5) LOCAL FACILITIES r19 __1 6) EXISTING GENERAL PLAN konibl 7) PROPOSED GENERAL PLAN 1A/A I MANAGEMENT ZONE DESIGNATION DESIGNATION 8) EXISTING ZONING PC(9) PROPOSED ZONING 4/A 110) GROSS SITE I 91A ACREAGE . . 11) PROPOSED NUMBER OF N/A 12) PROPOSED NUMBER N/Al 13) TYPE OF SUBDIVISION F~ RESIDENTIAL UNITS OF LOTS I (RESIDENTIAL, COMMERCIAL ,INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL 6 UNITS 15) PROPOSED INDUSTRIAL I NIA 116) PROPOSED COMMERCIAL N/A OFFICE/SQUARE FOOTAGE / SQUARE FOOTAGE NOTE: jEE) PROJC1EQUTIVT ONLY ONE UTONJE I>MUSF SVB1'4flTEDPRIQR'TO 400 JM. FR-M00016 8/90 • CITY OF CARLSBAD W W _____ LAND USE REVIEW APPLICATION _FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE I N/A 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS N/A 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC J None - 20)PROJECrNAME: F Aviara Planning Areas 12 and 13 21) BRIEF DESCRIPTION OF PROJECT: F Master Plan Amendment to allo foot driveways on Planning Area 12: and to allow 20 foot fi yard setbacks for side loailpa anynupc m Dl rn1-nn Av.i 1Z 22) IN THE PROCESS OFWREVIG-T!IIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMfS ESIGN REVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPEW THE SUBJgC1' OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE A- A 23) OWNER 24) APPLICANT NAME (PRINT OR TYPE) NAME (PRINT OR TYPE) Aviara Land Associates Aviara Land Associates MAILING ADDRESS MAILING ADDRESS 2011 Palomar Airport Rd., #206 2011 Palomar Airport Rd., #206 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE' Carlsbad, CA 92009 931-1190 Carlsbad, CA 92009 931-1190 CERTIFY ThA AM THE LEGAL OWNER I CERTIFY TAT! AM ThE IIGAI. OWNER's REPESENTATIV! AND AND ThAT E ABOVE INFORMATION ThAT ALL ThE INFORMATION IS TRUE AND coRRwr TO THE IS TRUE TO THE BEST OF BEST OF MY 0OWLEDGZ. MWAY 04 E. SIG RE DATE 2/77 7AE/f9.1 - W FOR CITY USE ONLY RECEIVED FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED FEB 2 11995 Pq -? A 1,7 ' VgO 0 CTY OF CALAD /671 ___________________ 120 DATE RECEIVED BY: TOTAL FEE REQUIRED DATE FEE PAID L 2-z ('— 17J ' J RECEIPT NO. 'T . - " '00 *0 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Aviara Planning Areas 12 and 1 APPLICANT NAME: Aviara Land Associates Please describe fully the proposed project. Include any details necessary to adequately explain the scope an/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. The proposed project is a minor amendment to the Aviara Master Plan, pages 117 and 121. The amendment wording on page 117 would allow jointly-used driveways serving two or less units to be served by a minimum 20 foot wide drive in Planning Area 12. Amendment wording on page 121 would allow minimum 20 foot front yard setbacks for side-loaded garages on Planning Area 13. ProJOe8C.lrm c.,' d((I1 . I bad DISCLOSURE STATEMENT APPLICANTSSTATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL PEQUIPE CSCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD. COMMISSION OR COMMITTEE. ;Please Print) The following information must be disclosed: A pplicant List the names and addresses of all persons having a financial interest in the application. D.R. Horton 10179 Huennekens. Ste. lOf) San Diego, CA 92121 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. Aviara Land Associates Limited Partnership 2011 Palomar Airport Rd. Suite 206 Carlsbad. CA 92009 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any .partnerstFp interest in the partnership. N/A 4.. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. N/A FRM00013 8/90 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 433-1161 S I Over) )isclosure Statement Page 2 Have you had more than $250 worth of business transacted with any member of City' staff. Bcárcs Commissions', Committees and Council within the past twelve months? Yes Nd - If yes, please indicate person(s) °erson is defined £3 'Any iroividual, firm, cop arm erzhip. jcir,tventUre. associatiOn, social club, fraternal orçanization, corporation. estate. tt'..St. recev•r. Syndicate. this anø any other county, city and county. city municipality, district or other poirtical subdivision, Or any Otrier ;[O or ' combination acting as a unit' (NOTE: Attach additional pages as necessary.) Owner: Aviara Land Associates Limited Partnership, a Delaware limited partnership BY: Aviara Land Company, a Delaware corporation, General Partner BY: Applicant: D.R BY: 21 D.L. Clemens/Vice President BY: .)$ . •)4J Ted L. Hoover/Assistant Secretary DATE: -13 ?/ BY: Republic Development' Co., a California corporation, General Partner BY: D.L. Clemons/Vice President BY : ') -z L )_ - Ted L. .Hoover/Assistant Secretary DATE: f 3 - 7L7 ~!ttv of C ~TPIsbad ' • & LIF1Ti itI.s •If411 DISCLOSURE STATEMENT ucrs STATEMENT OF CISCLOSUPE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL PECUIRE CISCEflONAPY ACTION ON THE PART OF TI-I! CT? COUNCIL OR ANY APPOINTE0 8CA0. COMMISSION OR COMM1TTF (Please Print) The following information must be disclosed: Atoplica List the names and addresses of all persons having a financial interest in the application. Aviara Land Associates Limited Partnership 2011 Palomar Airport Road Suite 206 Carlsbad, CA 92009 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. Aviara Land Asso&.ates Limited Partnership 2011 Palomar Airport Road Suite 206 Cartsbad, CA 2009 S If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. N/A 4. If any person. identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or benefidary of the trust. N/A FRM00013 8/90 2075 Las Palmas Drive • Carlsbad. California 92009-4859 • (619) 4381161 flt Cr' 00 (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards Commissions, Committees and Councirwithin the past twelve months? Yes No X . If yes, please indicate person(s) Per-ion is dufin.d U: 'Any indiMuaI, firm. coo*rtn.rship. joint vsrTttzr.. association. social oIu, trat.rnal or*niziUon. corporation. estate. trust. receiver, syndicate, this and any otPt.r county. city and county, city municipa'ity, district or o1. Political subdivision, or any Wrier group or combination acting as & unit.' Owner: Aviara Land Associates Limited Partnership, a Delaware limited partnership By: Aviara Lan ompany, a Delaware 9 Per D L Clemens/V' Pre nt By: Z&kk. Scott M. Medansky/Asst. Secret Date: 2/16/95 Applicant: Aviara Land Associates Limited Partnership, a Delaware limited partnership Aviara Laompany, a Delaware ocpratiq1n, General Partner By: 5rLVUI W\- 'W\4jA- "Scott M. Medansky/sst. Secretar Date: 2/16/95 By: Republic Development Co., a California corn6aion. President Asst. Secretary Date: I /16/95 By: Republic Devejçpment Co., a alifornia corj5o)ation, Gene art her By: D. L. zs/Vfce President By: 777,4UL/ Jon,Ifr1ke/Asst. Secretary Date: /1/95 - S. S. PLANNING AREA 12: MULTI-FAMILY RESIDENTIAL DESCRIPTION: This 26.1 acre planning area provides for multi-family attached housing. The neighborhood fronts upon Alga Road to the northeast and is bounded by the hotel planning area to the east and the 7th and 8th holes of the golf course to the west. The southern portion of this neighborhood will preserve the natural slopes and vegetation. DEVELOPMENT STANDARDS: PD All development in Planning Area 12 shall conform to the development standards of the PD Ordinance as described in Chapter 21.45.090 of the Carlsbad Municipal Code unless otherwise noted in this chapter. USE ALLOCATION: Maximum of 317 residential units. (21.1 DU/AC) Private recreation facilities are required in conjunction with the residential units. PERMITTED USES: Multi-family attached housing or detached conodminiums. SITE DEVELOPMENT STANDARDS: Height: The maximum height shall not exceed 35 feet. All heights shall be determined per Section 21.04.065 of the Carlsbad Municipal Code. At least 50% of the structures in this Planning Area shall be no more than two stories in height. Where three story structures are proposed, adequate structural relief and roofline variation shall be incorporated into the structure to reduce the mass. Setbacks: The minimum setback for all structures from the Alga Road right-of-way shall be 50 feet. The minimum setback for all structures and parking from Street shall be 30 feet. All parking shall be setback a minimum of 35 feet from Alga Road, provided that it is fully screened. Front yard setbacks within the planning area shall be in conformance with Section 21.45.090(b) of the Carlsbad Municipal Code. All structures shall be setback a minimum of 20 feet from the planning area boundary. The minimum building separation shall be 20 feet. All structures shall be setback a minimum of 20 feet from internal streets. Parking/Driveways: Parking shall conform to the standards of Chapter 21.44 of the Carlsbad Municipal Code. All open parking shall be screened from Alga Road by the use of berming and heavy landscaping. Jointly-used private driveways serving three or less units shall be constructed to a minimum curb to curb width of 20 feet. All other access drives shall be to the minimum standards of the City Engineering Department. SPECIAL DESIGN CRITERIA: Design: All community-wide design standards described in Section,A of Chapter IV shall be embodied in the architecture of this planning area. The following specific guidelines shall also be included for this planning area: -117- I. S. PLANNING AREA 13: SINGLE FAMILY RESIDENTIAL DESCRIPTION: This 65.4 acre planning area consists of a private gated community of single family residential homes. The neighborhood in general is bounded by the golf course to the east and the west. Access is provided to both Alga Road and Pacific Rim Drive. Home sites generally are located along the central ridge line. The remainder of the site will be reserved as open space. DEVELOPMENT STANDARDS: R-1-8 All development in Planning Area 13 shall conform to the standards of the R-1 one-family residential zone (Carlsbad Municipal Code, Chapter 21.10) unless otherwise noted in this chapter. USE ALLOCATION: Maximum of 72 residential units. (1.1 DU/AC) PERMITTED USES: Single family detached residential units are allowed in this planning area. SITE DEVELOPMENT STANDARDS: Height: The maximum height allowed in this planning area is 30 feet to the peak of the roof. All heights shall be determined per Section 21.04.065 of the Carlsbad Municipal Code. Lot Size: The minimum lot size for Planning Area 13 shall be 8,000 square feet. The minimum lot width shall be 70 feet. At least 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: The minimum front yard setback for split-level lots shall be 20 feet. All other setbacks shall maintain a minimum 25 foot front yard setback. For units that include side loaded garages, a minimum 20 foot setback is allowed (for the garage) as long as the section of the garage within the 25 foot setback is no greater in width than 40% of the allowed building frontage (lot width minus side yard setbacks); and that the ground floor habitable portion of the building maintain a setback a minimum of 40 feet. This reduced front yard setback is allowable for side loaded garages only. No living area is allowed inside or above the structure within the reduced setback area. All living areas must abide by the minimum 25 foot setback line. The minimum side yard setback shall be 10 feet. All other setbacks shall be per Chapter 21.10 of the Carlsbad Municipal Code. Parking: Parking shall conform to the standards of Chapter 21.44 of the Carlsbad Municipal Code. SPECIAL DESIGN CRITERIA: Design: All community-wide design standards described in Section A of Chapter IV shall be embodied in the architecture of this planning area. The following specific guidelines shall also be included for this planning area: * Development shall only be allowed along the ridgetop of this planning area. 121 First American Title ,• Thc Co. Co. Deot. phone fax 0 [Fill GREG SPNXOL - TlW OFFICER. DIRECT DIAL PEONE 231-4656 SENT BY:FATQO 2 -21-95 ; 12:18 •. SUBO lvi S 10 N 09 519 931 7950; 1 ORDER NO. 107445-15 FIRST AMERICAN TITLE INSURANCE COMPANY 42.1 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-17' OCTOBER 19, 1994 HILLMAN PROPERTIES WEST 2011 PALOMAR AIRPORT ROAD, SUITE 206 CARLSBAD, CALIFORNIA 92009 ATTN: PAM WIITCOMB REP: PLANNING AREA 12 OUR ORDER NO. 1074245-15. IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLZCY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTE, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLLMMDFb FROM COVERAGE PURSUANT TO THE PAINTED SCHEDULES, CONDITION AND STIPULATIONS OF SAID POLICY FORMS. I THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE O SAID POLICY OR POLICIES ARE SET FORTE HEREIN. COPIES OF TEE $LICY FORMS SHOULD BE READ • THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ESSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY, IS ASSUMED HEREBY. IF I IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COITMENT SHOULD BE REQUESTED. DATED AS OF OCTOBER 17, 1994 AT 7:30 A.M. PAGE 1 CASE NO. M~ 177 N DATE: 'l-p q') ENVIRONMENTAL IMPACT ASSESSMENT FORM -PART I (To be Completed by APPLICANT) Applicant: Av IA-ClA lAN Q IA {,( 0 lfl(f{( l L--ro ~ PA{?r,Je'ft5thP Address of Applicant: 'W(\ P(<}::vQM/4:fl me..ptJrVr (2-pe-Q. ~~ UJ~ . f t AfU/2 Y?A::0 r CA: ~ ~ Uc, q Phone Number: ( ~ ( 9) q 3 f " ( 19 0 Name, address and phone umb r of person to be contacted (if other than 'Applicant): 1...-• S . ,t/-1.-r 5VMN"($lr) rvo. ~ o~~ 1 w. f?,fJ GENERAL INFORMATION: (Please be specific) Project Description: Mfr1Df1.. fV\A~:ffil:: ft,AJJ ~~ti[ TI:, hB CbNdre vJ\Q'(BS d'f: D(½'l~\t.Jlt'1J DN @\ltAA-fw,JN\N"G-- Pr(lf P l '2--I ftN O p.fY/v~ I} fv'U)N"( '1A:v112 !e-t13Al{t--.S ftrYl, 1 IO€ U> /.\-{)~ c Afl.AA'l ~ () tJ P<A-N ,.q f\J"" l)r(llct+ , 3 . Project Location/Address: ________________ _ kV \ DrtlA p r.JtN N l ti y txtveA: ~ t-i.. Prr' f) ( "3 . Assessor Parcel Number: vf 5 -b ( 0 -01.--V> ~4 · i, ~ -b ll ... O l ro 2,,) LlS--fo(l.- / ~ General Plan/Zone of Subject Property: ..:..(l_;;.L...;..M_._,_/ ___ tt.M_:....;.___.._/__:_P,_v ____ _ ( Local Facilities Management Zone: _ _._(....L'f ___________ _ Is the site within Carlsbad's Coastal Zone? -~~e~S~-------- Please describe the area surrounding the site to the North: Got.,f UU(':Se I l/,M!MUIA\, East: t,oLf (.()J{Z..~e ' '5Ul\..0fN~ South: t¼StQttJfiMr \JNOi'l; West: bOl.R W\Jtt4C U~if t'WCtflON List all other applicable permits· & approvals related to this project: />(\J\ltAA MA {f ~ pl.At.Ji Ml lt\M f\:\ld~e ,:. . ' •' (Please be SpecjficIAch Additional Pages or Ex1. if necessary) 1. Please describe the project site, including distinguishing natural and - manmade characteristics. Also provide precise slope analysis when aslope of 15' or higher and 15% grade or greater is present on the site. 4t4t4- fr(44 11 - 69AO4!O r'I -O 9I-iii4A (} 5('1 Lirt40(D)156}'w O&yL C 4$'r(VC1oAi 2. Please describe energy conservation measures incorporated into the design and/or operation of the project. tJ1c 3. PLEASE ATTACH A PROJECT SUMMARY SHEET WHICH SHOWS THE FOLLOWING: a. If a residential project identify the number of units, type of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected, average daily traffic generation (latest SANDAG rates). ~J A . iThi 1 J ad A oec rM i-ecT p0--('Vfl4 1 10 M54- PW4 b. If a commercial project, indicate the exact type, activity(ies), square footage of sales area, average daily traffic generation 6' (latest SANDAG rates), parking provided, and loading facilities. tlk c. If an industrial project, indicate the exact type or industry(ies), average daily traffic generation (latest SANDAG rates), estimated employment per shift, time of shifts, and loading facilities. ~JA d. If an institutional project, indicate the major project/site function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. I. ENVIRONMENTAL IMPACT ANALYSIS - Please Answer each of the following questions by placing a check in the appropriate space. Then, fully discuss and explain why each item was checked yes or no. Provide supporting data if applicable. Attach additional shéetsas necessary. YES NO 1) Could the project significantly impact or change present or future land uses in the vicinity of the activity? EXPLANATION: 14t4') V5$ (Z4tW(AI lHe SPVv. O'1'C4* CrO tJS3 #u.-ouW!7 6r',1 PL4MW 69AI7, 2) Could the activity affect the use of a recreational area, or area of aesthetic value? EXPLANATION: (UtVeA11 rnt- V&~ rIO 1- 3) Could the activity affect the functioning of an established community or neighborhood? EXPLANATION: rIO (Wf'sV1 1bC4 M M . 4) Could the activity result in the displacement of community residents? EXPLANATION: NO O%PUA C1P1W1 S 17 QVv1I1 is WV S j 4 •. .. 5) Could the activity increase the number of low and -moderate cost housing units in the city? EXPLANATION: 1I) I rv1,T'(y1 ?J 1JS fr"& 'itit 11 6) Could the activity significantly affect existing housing or create a demand for additional housing? EXPLANATION: V'JUA,- tJO1 kPRGI f2- \ 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: fj'IS CS-1m1 (5oaCe3 i $Uct(tiUNOlt4Cf Dc1Vf!S TIWI -Th 't 9(/O. Wô ivvpt1. NO y Could the activity significantly affect an historical or archaeological site or its settings? EXPLANATION: tjo f1Z4C-kt.,C12 P(A4DreOv06 c, 1 i14 TW- Couid.the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? EXPLANATION: 11- 4/26A t4S 1ffP kp frO FicY2 'V1 AJ() 'PIJW rNTtt fJLL') vw C'O1JC9 f 11 P1tJ (tJ (lies 6 \i (?d5 rjZ( 8) 9) .. •& Rue 10) - Could the activity significantly affect fish, wildlife or plant resources? EXPLANATION: f'O (yv'p{,'( '16 5uclk a4S 61Jg_C6 5 V41 Z1t5 (JLf fWA PMf9 YVN'ff 11) Are there any rare or endangered plant or animal species in the activity area? EXPLANATION: (PPr51rt- S/€ 5C%k1) 1$ L.oCMTt'9 fr1 kO(t'Cti'I1 ,Wfi5. ('6r1 L(A117 frJ 'fl AC'1 'J t #r1 12) Could the activity change existing features of any of the city's stream, lagoons, bays, tidelands or beaches? EXPLANATION: tip V41 &JftS$' ?JTt.. (;frC45 A 0f L6CA11W IJ 1H /r12Ei 13) Could the activity result in the erosion or-elimin- ation of agricultural lands? EXPLANATION: Wb 4(IJLIU(24t, L4-40S (4 eL 6f k(CfkY) T,4f PM? PO •v7 X x 14) Could the activity serve to encourage development of presently undeveloped areas or intensify develop- ment of already developed areas? EXPLANATION: av, PM,9ut /Y!IOVTh ii- ,JOT ('it tNf,Jcr1li .. ..i 15) -Will the activity require a variance from estab- lished environmental standards (air, water, noise, etc.)? EXPLANATION: -fi 0 (P (2.iti'I C ~ fl24W\ _SiJ 9'Q4 f24 ci 16) Is the activity carried out as part of a larger project or series of projects? EXPLANATION: iTh IW1AA PSJVY41 PC1 14 t4 WAS (1 v) I' iW 17) Will the activity require certification, authoriza- tion or issuance of a permit by any local, state or federal environmental control agency? EXPLANATION: L,,P D,VW1 18) Will the activity require issuance of a variance or conditional use permi.t by the City? EXPLANATION: NO \/A(#NCsf OYZ- CUP )L LL- M rV40tQ. 19) Will the activity involve the application, use, or disposal of potentially hazardous materials? EXPLANATION: I'O -O60 Jito frJ 174-i 'rupocrO wWQM'tN1 6fi S)Pv'1 Of rv'4N1. in - 4 j,7 •. •& 20) Will the activity involve construction of facilities in a flood plain? - EXPLANATION: t'fo uODpl.A L'fS frU L4 C'~rrry frJ 'flkt ,crVf 21) Will the activity involve construdion of facilities in the area of an active fault? EXPLANATION: NO .ri'JOJr'J C1-L f:pih4$ f11t tJ 22) Could the activity result in the generation of significant amounts of dust? EXPLANATION: The 6)9 V4)AAJ'1 v4LL, MV tIO .f(.;( i' 14t fo'rlerdflPru 0051 ASfôCIIN Nt1X tsv Wf cc- qt stiI?rL?,r (f'4PrIL 23) Will the activity involve the burning of brush, trees, or other materials? - EXPLANATION: tIC) tII(LA e (t4Ll1fl?. 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 5W4 If1CMtV1 t4AN6-€ I'( Al a- 0am- )4rr(- f2-ora W'ftL.- NO 1:14 x S. LES 25) - Will the project substantially increase fuel consumption (electricity, oil, natural gas, etc.)? EXPLANATION: •i'Jo tWi21M3E t ,) itJL- Jii . JL'fi'/G i- V"\ i-}#t P " P ci ',9 iJ9 rwI1. 26) Will the activity involve construction of facilities on a slope of 25 percent or greater? EXPLANATION: 11L ?orôil' ,iwe,vt ,rvverfi OdES Wo1 rfrt5tiL-1 (rS Ot&'uiL'OP((N'i cc oR Gk1 4tff 27) Will there be a significant change to existing land form? (a) Indicate estimted grading to be done in cubic yards: tJjA (b) Percentage of alteration to the present land form: PJJP (c) Maximum height of cut or fill slopes: EXPLANATION: 'flt W!)MN1 O(C 2461 55 41Iicf &1 5 11t'/ Y1 roVO t4(s4912rv\ YZAThJ NO 28) Will the activity result in substantial increases in the use of utilities, sewers, drains or streets? EXPLANATION: N C Mi (1 V4 I L.- (ZfJU L' S. 00—S 29) Will the project significantly increase wind or -water erosion of soils? EXPLANATION: A1O fc( Ots vjtt'C) CP- V1I1y71 1Z4 5 ( 6 t VJ LÀ— (25 u L.1. 30) Could the project significantly affect existing fish or wildlife habitat? X EXPLANATION: 'fl4t MPcEC-1'1) Qi'tA IS If (4V'IP FzIiL OeJ i Lir'-ttvi' jPi7 W F- 13 CIL v1(2Lv '-1 i1J. 31) Will the project significantly produce new light or glare? EXPLANATION: tO LA6t4T Ot 04 WILL P43 c) ", a rfD -ç .i,P-f 4 0 /D fPy2-1D lO L.I. STATEMENT OF NONICANT ENVIRONMENTAL EFFEC• 18 If you have answered yes to any of the questions in Section 1 but think _the activity will have no significant environmental effects, indicate your reasons below: i1 LØ fiytV19 vi&ft 1;;/1W (,L)/ST L- rJi1 3€ NU 4 13i', M2OEirW(t i'J v9 v1Wt- t4T (Al /D\(C'fi-K (rVpiQ 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.) Signature \9VVVV (Pers eting Report) Date Signed 14r? 11 SENT BYFATCO 2-21-9 ; 12:18 S. 5U6 DIVISION-' •• 619 931 7904 2 F ORDER NC. 107445-1S THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPOT IS PRELIMINARY TITLE REPORT TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTD IN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE L MITED PARTNERSHIP FORMERLY PACIFIC RIM LAND ASSOCIATES L MITED 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 O THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLIC FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1994-9 , NOW PAYABLE, A LIEN NOT YET DELINQUENT. 2. SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALl ORNIA REVENUE AND TAXATION CODE. PARCEL NO. 900-001-01-00, ORIGINAL 1ST INSTALLMENT $23,798.25 OPEN ORIGINAL 2ND INSTALLMENT $23,798.25 OPEN DELINQUENCY CHARGES: $2,379.83 1ST PENALTY $2,389.83 2ND PENALTY NOTE: NO DETERMINATION IS MADE AS TO THE ASSESSED TAX YEAR. 3. A REPORT TO FOLLOW ON: TAXES 4. A BOND ISSUED UNDER THE 1915 ACT FOR CITY OF CARLSBAD/ALGA ROAD, ASSESSMENT NO. 0000, DISTRICT 88-1, WHICH IS CtJ*.ENTLY OR WILL BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $750,227.48, PROVIDED CURRENT.TAXES ARE PAID. PA GE2 SENT BY:FATCO ; 2-21-9 ; 12:19 ; SU6DIVISION- 619 931 •79O# 3 • •• ORDER NO. 1074245-15 THIS IS NOT A PAY-OFF AMOUNT. IF PAY-OFF IS REQUIRED, THERE WILL BE ADDED FEES, INTEREST AND A PRE-PAY AMOUNT. A DATE OF PAY-OFF WILL HAVE TO BE PROVIDED BY YOU; AS INTEREST IS COMPOUNDED DAILY. PLEASE ALLOW 15 WORKING DAYS, AS A REPORT WILL HAVE TO BE ORDERED FROM AGENCY CONCERNED. 5. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF 1 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 TA*ATION CODE. 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. 7. THE FACT SAID LAND LIES WITHIN A 'BRIDGE AND THOROU HFARE DISTRICT-NO. 1" ESTABLISHED BY RESOLUTION NO. 8744 BY TH CITY OF CARLSBAD A CERTIFIED COPY OF WHICH WAS RECORDED ATJGU T 19, 1986, RECORDER'S FILE NO. 86-356638. SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES FUNDS F THE CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE GENERA?IED 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, COVENANT, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE STATE OF CALIFORNIA, ACTING RECORDED: JUNE 10, 1988 AS RECORDS. BY SAND THROUGH THE STATE LANDS COMMISSION, WITH THE CONCURRENCE OF THE CALIFORNIA ATTORNEY GENERAL AM .PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP. FILE NO. 88-278452 OF OFFICIAL REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTIC11LARS. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORGINAL PRINCIPAL SUM OF $125,000,000.00, AND ANY OTHER AMOtJ$TS OR PAGE 3 SENT BY:FATCO ; 2-21-b 12:2U; i iu,-+ .• •• - ORDER NO. 10741245-15 OBLIGATIONS SECURED THEREBY, RECORDED DECEMBER 23, 1 88 AS FILE NO. 88-661636 OF OFFICIAL RECORDS. DATED: DECEMBER 20, 1988 TRUSTOR: AVIARA LAND ASSOCIATES LIMITED PARTNERS IP, 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. 89-1961176 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 RESTRCTION (TRAIL) RECORDED APRIL 14, 1989 AS FILE NO. 89-196478 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREMENT RECORDED APRIL 14, 1989 AS FILE NO. 89-196179 OF OFFICIAL RECORDS. 1 SAID DEED OF TRUST IS SUBORDINATE TO THE MASTER DECLARA'IjION 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- 388407 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT AND CO7ENANT REGARDING CATV SERVICE RECORDED LUNE 1,-1990 AS FILE ND. 90- 298175 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDIATION AGREEMENT RECORDED JUNE 1, 1990 AS FILE NO. 90-298174 OF OFFICIAL RECORDS. AN INSTRUMENT DATED JUNE 22, 1992, RECORDED JUNE 29, 11992 AS FILE NO. 1992-0406651 OF OFFICIAL RECORDS, EXECUTED XVIARA 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 AMENDEI DEED RESTRICTION RECORDED JULY 22, 1993 AS FILE NO. 1993-046w 287 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AG RECORDED JULY 22, 1993 AS FILE NO. 1993-0467288 OF Q I C IAL RECORDS. PAGE 4 4 SENT BY:FATCO 2-21-95 ; 12:20 .. SUD1VISi0N- •• 619 931 ORDER -NO. 1074245-15 10. AN ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT WAS EXECUTED BY: AVLARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LtMXTED PARTNERSHIP TO : FIRST INTERSTATE BANK OF CALIFORIA, A CALIFORNIA CORPORATION RECORDED : DECEMBER 23, 1988, RECORDER'S' PILE NO.. 88-661637 I 11. A FINANCING STATEMENT FILED IN THE OFFICE OF THE4OUNTY RECORDER SHOWING: I DEBTOR: AVIARA LAND ASSOCIATES L4MITED PARTNERSHIP SECURED PARTY: FIRST INTERSTATE BANK OF CALIPORNI RECORDED: DECEMBER 23, 1988 AS FILE NO. 88-S1638 OF OFFICIAL RECORDS. PROPERTY COVERED: AS SET FORTH THEREIN AN AMENDMENT TO SAID INSTRUMENT RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406652 OF OFFICIAL RECORDS. 12. THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED ThOUNDAREES OF COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CARLSBAD UIFIED SCHOOL DISTRICT, AS DISCLOSED BY INSTRUMENT RECORDED MARbH 14, 1989 AS FILE NO. 89-242769 OF OFFICIAL RECORDS. NOTICE OF SPECIAL TAX LIEN RECORDED APRIL 9, 1990 A FILE RECORDER FILE NO. 90-189679 OF OFFICIAL RECORDS. I 13. AN INSTRUMENT ENTITLED DEED RESTRICTION (OPEN SPACE) ', 1 DATED MARCH 22, 1989, UPON THE TERMS, COVENANTS, AND CONDITIOS AND RESTRICTIONS CONTAINED THEREIN EXECUTED BY AND BETWEEN *VIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORTION I AND THE CALIFORNIA COASTAL COMMISSION, RECORDED APR] L 14, 1989, AS FILE NO. 89-196176 OF OFFICIAL RECORDS. AN AMENDED DEED RESTRICTION RECORDED JULY 22, 1993 AS F NO. 1993-0467287 OF OFFICIAL RECORDS. 14. AN AGREEMENT REGARDING DEED RESTRICTION (LAGOON NORTH TRAIL), DATED MARCH 13, 1989, UPON THE TERMS, COVENANT CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIABA LAND ASSOCIATES L PARTNERSHIP, A DE] CORPORATION AND THE CALl COASTAL COMMISSION. RECORDED: APRIL 14, 1989 AS FILE NO. 89-196178 OF OF RECORDS. SHORE ,AND MITED .WARE ORNIA ICIAL PAGE 5 SEI\!,T BY:FATCO 2-21-9 ; 12:21 .. SUBDIVISION-' •I 619 931 79504 S ORDER NO. 107445-15 REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICJLARS. 15. 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: 'AVIARA. LAND ASSOCIATES, LMITED PARTNERSHIP, A LIMITED PARTNERSHIP AND THE CIY OF CARLSBAD. RECORDED: JUNE 5, 1989 AS FILE NO. 89-296176 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 16. THE SUBDIVISION MA? REFERRED TO IN THE LEGAL DESCRPTION HEREIN CONTAIN VARIOUS RESTRICTIONS IN IMPROVING OR DEVEjOPING THE PROPERTY HEREIN DESCRIBED. REFERENCE IS MADE TO SAID MAPS FOP. FURTHER PARTICULARS. I 17. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT. INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM ALGA ROAD AThIACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MP NO. 12412. I 18. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS AND CHARGES BUT DELETING RESTRICTIONS, IF ANY, BASED ON I RACE, COLOR, RELIGION OR NATIONAL ORIGIN AS CONTAINED I THE DECLARATION OF RESTRICTIONS RECORDED JULY 5, 1989 AS FIE NO, 89-354659 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED B't THIS DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITD TO, ANY REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF HONEY, SHALL BE SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DED OF TRUST OR FIRST MORTGAGE. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF I SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORT*GE OR DEED OF TRUST MADE FOR VALUE. I FIRST AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED JULY 32, 1990 AS FILE NO. 90-418521 OF OFFICIAL RECORDS. I SECOND AMENDED AND RESTATED MASTER DECLARATION OF CC ANTS, CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED FEB RY 8, 1991 AS FILE NO. 91-0057543 AND RE-RECORDED MARCH 15, 91 AS FILE NO. 91-0114756, BOTH OF OFFICIAL RECORDS. PAGE SENT BY:FATCO ; 2-21 -95; 12:21 .. THIRD AMENDED AND RESTATED CONDITIONS AND RESTRICTIONS 1991 AS FILE NO. 91-047530 oudu Q1 •• ORDERNO. 107445-15 MASTER DECLARATION OF COVENANTS, FOR AVIARA, RECORDED SEPTEMBER 16, OF OFFICIAL RECORDS. FIRST AMENDED AND FULLY RESTATED ASSIGNMENT OF DEC 'S RIGHTS UNDER MASTER DECLARATION OF COVENANTS, CONDITIOS AND RESTRICTIONS FOR THE AVIARA COUNTRY CLUE AND RESORT, DATED JUNE 22, 1992, UPON THE TERMS, COVENANTS, AND CONDTIONS CONTAINED THEREIN EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNRSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIOP.NIA CORPORATION, RECORDED JUNE 29, 1992 AS FILE NO. 1992-006653 OF OFFICIAL RECORDS. 19. AN EASEMENT FOR tINDERGROtIND FACILITIES AND APPURTENANCS FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRE CITY , COMMUNICATION FACILITIES, AND APPURTENANCES AND INCIDENTAL PtITOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION, RECORDED FEBRUARY 20, 1990 AS FILE NO. 90-90373 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: I THAT CERTAIN STRIP OF LAND 10.00 FEET IN WIDTH, LYING WITHIN SAID LOT 230, LYING ADJACENT TO' AND COINCIDENT WITH THE EXTERIOR BOUNDARY OF THAT CERTAIN DEDICATED ROADWAY, SHOvqN AND DELINEATED AS ALGA ROAD" ON SAID MAP NO. 12412. REFERENCE IS MADE TO SAID 'INSTRUMENT FOR FURTHER PARTI 20. AN AGREEMENT REGARDING UNITY OF CONTROL, DATED FEBRtJ 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS COL THEREIN. EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES I PARTNERSHIP, A DELAWARE I PARTNERSHIP; DAVIDSON PARTNERS, A CALIFORNIA C PARTNERSHIP; LYON CONMtTh INC., A CALIFORNIA CORPO RDC DEVCO II L PARTNERSHIP, A DELAWARE I PARTNERSHIP; A-M HOM] CALIFORNIA LIMITED PARTlS AND BRAMALEA CALIFORNIA CALIFORNIA CORPORATION. RECORDED: APRIL 16, 1990 AS FILE NO. 90-204778 OF OF RECORDS. 20, I TED ITED TIES, TION; 4ITED MITED A RSHIP IC.,, A C IAL REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTI 21. AN EASEMENT AND COVENANT REGARDING CATV SERVICE, DA APRIL 17, 1990, UPON THE TERMS, COVENANTS AND CONDITIONS PAGE 7 SENT y:FATCQ 2-21-5 ; 12:22 UL)iV11ON- S. •• ORDER NO. 107445-15 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. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 22. THE FACT THAT SAID LAND LIES WITHIN THE ASSESSMENT DI$TRICT NO. 88-1 (ALGA ROAD), AS DISCLOSED BY INSTRUMENT REORDED OCTOBER 31, 1990 AS FILE NO. 90-590741 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICtYLARS. 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. I NOTICE OF SPECIAL TAX LIEN RECORDED MAY 20, 1991 AS F NO. 1991-0236959 OF OFFICIAL RECORDS. 24. THE TERMS, COVENANTS, AND PROVISIONS OF THE P1 HIP AGREEMENT REFERRED TO IN THE VESTING HEREIN, AND THE OF ANY FAILURE TO COMPLY WITH SUCH TERMS, COVEI AND PROVISIONS. 1994-1995 TAX INFORMATION; CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09027 215-612-10 $77,480.51 OPEN $77,480.51 OPEN $6, 000, 000.00 $- 0- s-a- PGE a SENT BY:FATCO ; 2-21-5 ; 12:22 als 931 19o; S. •• H ORDER NO. 107445-15 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALl COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 230 OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 - 13N2 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIF ACCORDING TO MAP THEREOF NO. 12412, FILED IN THE OFFICE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989. TOGETHE THAT PORTION OF BLACK RAIL COURT VACATED BY RESOLUTION RE APRIL 13, 1991 AS FILE NO. 91-0168676 OF OFFICIAL RECORDS ADJOINS LOT 230 ON THE WEST, AS MORE PARTICULARLY DES THEREIN. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL ri NATURAL GAS, NATAL GAS RIGHTS, AND OTHER HYDROCARBC WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS E FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UND PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, 14. EXPLORING, AND OPERATING THEREFOR, AND STORING IN AND REMOVI SANE FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RI WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER TI PROPERTY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO THRO ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTO WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND UNDER AND BENEATH THE EXTERIOR LIMITS THEREOF, AND TO RE RETtJNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE AN WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, R WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPL( OPERATE THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) THE SUBSURFACE OF THE PROPERTY. "1-)ft I NIA, THE WITH WHICH RIBED GHTS, S BY THE ING, THE TTO I THE OR SUCH AFTS 'ILL, SUCH OVE, OR T OF PAGE 9 fl " \-_ •J. ... ORDER NO. 1070972-15 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: TO BE DETERMINED TITLE TO SAID ESTATE OR INTEREST At THE DATE HEREOF IS VESTED IN: 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 1993-94, A LIEN, NOT YET PAYABLE. -• 2. A REPORT TO FOLLOW ON: BONDS OR ASSESSMENTS 3. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. 4. 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. 5. 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, RECORDER'S FILE NO. 86-356638. PAGE 2. •. ORDER NO. 1070972-15 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. 6. AN AGREEMENT REGARDING TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACÔESS EASEMENT (LAGOON NORTH SHORE TRAIL), DATED JUNE 6 1 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. 7. 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. PAGE 3. :' •. . I • ORDER NO. 1070972-15 SAID DEED OF TRUST IS SUBORDINATE TO THE IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS RECORDED APRIL 14, 1989 AS FILE NO. 89-196180 OF -OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL 14, 1989 AS FILE NO. 89-196181 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVIARA POINT RECORDED AUGUST 1, 1990 AS FILE NO. 90-421123 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED AUGUST 1, 1990 AS FILE NO. 90-421124 OF OFFICIAL RECORDS. AN INSTRUMENT DATED JUNE 22, 1992, RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406651 OF OFFICIAL RECORDS, EXECUTED AVI.ARA 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. 8. 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 9. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER SHOWING: - DEBTOR: AVIARA 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 OF OFFICIAL-RECORDS. 10. 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, DECEMBER 19, 1990 AS FILE NO. 90- 0674118, BOTH OF OFFICIAL RECORDS. PAGE 4 • • - ORDER NO. 1070972-15, NOTICE OF SPECIAL TAX LIEN RECORDED JULY 28, 1989, RECORDER'S FILE NO. 89-400726, APRIL 9, 1990, RECORDER'S FILE NO. 90-189679, AND MAY 20, 1991 AS FILE NO. 91-0236959, ALL OF OFFICIAL RECORDS-. 11. 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 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND THE CALIFORNIA COASTAL COMMISSION, RECORDED APRIL 14, 1989., AS FILE NO. 89-196176 OF OFFICIAL RECORDS. 12. 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. 13. A DOCUMENT ENTITLED "IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS" (LAGOON NORTH SHORE 100' BUFFER) DATED MARCH 13, 1989, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, RECORDED APRIL 14, 1989, RECORDER'S FILE NO. 89-196180 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 14. 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: AVIARA 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. 15. 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. PAGE 5. ( I. S. ORDER NO. 1070972-15 16. AN EASEMENT FOR 4' GENERAL UTILITY AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 12412, SUBJECT TO ANY TERMS - AND CONDITIONS CONTAINED THEREIN. AFFECTS: LOTS 234 THROUGH 301 INCLUSIVE AND PARCELS 3 AND 4 OF PARCEL MAP 16451. 17. AN AGREEMENT REGARDING CERTAIN IMPROVEMENTS AND EASEMENTS, DATED MARCH 7, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED • PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND WESTERN NATIONAL HOMES I LIMITED, A CALIFORNIA • LIMITED PARTNERSHIP. RECORDED: MARCH 22, 1990 AS FILE NO. 90-153235 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 18. 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-N 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 PARTICULARS. ---- -, 19. AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, PIPELINES, AND APPURTENANCES FOR ANY AND ALL PURPOSES, COMMUNICATION FACILITIES, AND APPURTENANCES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION, RECORDED APRIL 27, 1990 AS FILE NO. 90-229570 OF OFFICIAL RECORDS, LOCATED WITHIN LOTS 234: THROUGH 268 AND PARCEL 3 OF PARCEL MAP 16451. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE,, 6 S. fRAR NO. 1070972-15 20. 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 CONDITIpNS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: DANIELS CABLEVISION, INC., A DELAWARE CORPORATION AND A-M HOMES, A CALIFORNIA LIMITED PARTNERSHIP. RECORDED: JUNE 1, 1990 AS FILE NO. 90-298179 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. A PORTION OF SAID LAND WAS RELEASED FROM SAID INSTRUMENT BY CORPORATION QUITCLAIM DEED, DATED MARCH 26, 1991, EXECUTED BY DANIELS CABLEVISION, INC., A DELAWARE CORPORATION, RECORDED APRIL 15, 1991 AS FILE NO. 91-0168675 OF OFFICIAL RECORDS. FIRST AMENDMENT TO EASEMENT AND COVENANT REGARDING CATV SERVICE, RECORDED APRIL 15, 1991 AS FILE NO. 91-0168678 OF OFFICIAL RECORDS. 21. 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 AUGUST 1, 1990 AS FILE NO. 90-421123 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. SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE INCORPORATED BY A DECLARATION OF ANNEXATION RECORDED FEBRUARY 6, 1991 AS FILE NO. 91-0053111 OF OFFICIAL RECORDS. AFFECTS LOTS 244 THROUGH 255, INCLUSIVE, AND LOTS 279 THROUGH 290, INCLUSIVE, OF MAP NO. 12412. SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE INCORPORATED BY A DECLARATION OF ANNEXATION RECORDED FEBRUARY 6, 1991 AS FILE NO. 91-0053112 OF OFFICIAL RECORDS. AFFECTS LOTS 256 THROUGH 278 INCLUSIVE, OF MAP NO. 12412. PAGE 7 •. I. ORDER NO. 1070972-15 FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVIARA POINT CARLSBAD, CALIFORNIA (PLANNING AREA 13), RECORDED OCTOBER 24, 1991 AS FILE NO. 91-0551088 AND RE-RECORDED NOVEMBER 27, 1991 AS FILE NO. 91-0615505, BOTH OF OFFICIAL RECORDS. AFFECTS LOTS 234 THROUGH 301 OF NAP NO. 12412 AND PARCELS 1, 3 AND 4 OF PARCEL MAP NO. 16451. 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. AN EASEMENT TO CONSTRUCT AND MAINTAIN, PLACE, OPERATE, INSPECT, REPAIR, REPLACE AND REMOVE SUCH UNDERGROUND COMMUNICATION FACILITIES AS GRANTEE MAY FROM TIME TO TIME REQUIRE (INCLUDING INGRESS THERETO AND EGRESS THEREFROM) CONSISTING OF WIRES, CABLES, CONDUIT, MANHOLES, HANDHOLES AND ABOVE GROUND MARKERS, PEDESTALS, TERMINAL EQUIPMENT CABINETS, OTHER ASSOCIATED ELECTRICAL CONDUCTORS AND NECESSARY FIXTURES AND APPURTENANCES, AND INCIDENTAL PURPOSES IN FAVOR OF PACIFIC BELL, A CALIFORNIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, RECORDED NOVEMBER 29, 1990 AS FILE NO. 90-0636009 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: 1. THOSE PORTIONS OF SAID LOTS 233 TO 302 INCLUSIVE DESIGNATED AND DELINEATED ON SAID MAP AS "4.00' GENERAL UTILITY EASEMENT TO THE CITY OF CARLSBAD DEDICATED HEREIN." 2. LOT 303, SAID LOT DESIGNATED AND DELINEATED ON SAID MAP AS "AVIARA DRIVE (PRIVATE STREET)" AND "GENERAL UTILITY AND ACCESS EASEMENT...". REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ALL LOTS. 24. AN EASEMENT FOR GENERAL UTILITY AND ACCESS AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON PARCEL MAP NO. 16451, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS PARCELS 3 AND 4. -• 25. AN EASEMENT FOR MAINTAINING IRRIGATION AND LANDSCAPING AND INCIDENTAL PURPOSES IN FAVOR OF AVIARA POINT ASSOCIATION, A CALIFORNIA NON-PROFI MUTUAL BENEFIT CORPORATION, RECORDED NOVEMBER 27, 1991 AS FILE NO. 1991-0615507 OF OFFICIAL RECORDS, LOCATED WITHIN PARCELS 3 AND 4 OF PARCEL MAP NO. 16451, AS SET FORTH THEREIN. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 8 S. 00 ORDER NO. 1070972-15 26. A HOLD HARMLESS AGREEMEN' r DATED MARCH 2, 1993, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES AND THE CITY OF CARLSBAD. RECORDED: MARCH 10, 1993 AS FILE NO. 1993-0149596 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS LOT 292 OF MAP NO. 12412. 27. THE TERMS, COVENANTS, AND PROVISIONS OF THE PARTNERSHIP AGREEMENT REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS. 28. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COPY OF THE PARTNERSHIP AGREEMENT FOR AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP REFERRED TO IN THE VESTING HEREIN AND ANY AMENDMENTS THERETO. 1992-1993 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09027 215-610-02 $950.88 PAID $950.88 PAID $80,210.00 $-o - $-o - PAGE -- 1992-1993 TAX INFORMATION: CODE AREA: 09027 PARCEL NO.: 215-610-03 1ST INSTALLMENT: $950.88 PAID 2ND INSTALLMENT: $950.88 PAID LAND VALUE: $80,210.00' IMPROVEMENTS: EXEMPT: $-0- CODE AREA: - -. 09027 PARCEL NO.: 215-610-04 1ST INSTALLMENT: $980.02 PAID 2ND INSTALLMENT: $980.02 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-o- EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-610-05 1ST INSTALLMENT: $957.84 PAID 2ND INSTALLMENT: $957.84 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-610-06 1ST INSTALLMENT: $944.89 PAID 2ND INSTALLMENT: $944.89 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $ -0- EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-610-07 1ST INSTALLMENT: $958.73 PAID 2ND INSTALLMENT: $958.73 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: $-0- .. ORDER NO. 1070972-15 ri PAG 10 A MF;1 •. 1992-1993 TAX INFORMATION: CODE AREA: 09027 PARCEL NO.: 215-610-08 1ST INSTALLMENT: $959.71 PAID 2ND INSTALLMENT: $959.71 PAID LAND VALUE: $80,210.00' IMPROVEMENTS: $-o- EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-610-09 1ST INSTALLMENT: $956.77 PAID 2ND INSTALLMENT: $956.77 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-o- .EXEMPT: EXEMPT: s-U- CODE AREA: 09027 PARCEL NO.: 215-610-10 1ST INSTALLMENT: $959.91 PAID 2ND INSTALLMENT: $959.91 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: 5-0- EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-610-11 1ST INSTALLMENT: $947.16 PAID 2ND INSTALLMENT: $947.16 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-610-12 1ST INSTALLMENT: $946.67 PAID 2ND INSTALLMENT: $946.67 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: 5-0- CODE AREA: 09027 PARCEL NO: 215-610-13 1ST INSTALLMENT: $942.45 PAID 2ND INSTALLMENT: $942.45 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $ -0- EXEMPT: •. ORDER NO. 1070972-15 PAG 11 •. 0* ORDER NO. 1070972-15 1992-1993 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09027 215-610-14 $964.82 PAID $964.82 PAID $80 1 210.00' $-0 - $-0- 09027 215-610-15 $964.82 PAID $964.82 PAID $80,210.00 $-0- 09027 215-610-16 $975.02 PAID $975.02 PAID $80,210.00 09027 215-610-17 $989.34 PAID $989.34 PAID $80,210.00 09027 215-610-18 $1,037.61 PAID $1,037.61 PAID $80,210.00 $-0 - $-0- 09027 215-610-19 $1,098.82 PAID $1,098.82 PAID $80,210.00 $-0 - PAG 12 AM k: .. ORDER NO. 1070972-15 1992-1993 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09027 215-610-20 $1,107.26 PAID $1,107.26 PAID $80,210.00' s-a- $-0- 09027 215-611-01 $1,076.36 PAID $1,076.36 PAID $80,210.00 s-a- s-a- 09027 215-611-02 $1,041.53 PAID $1,041.53 PAID $80,210.00 $-0 - 09027 215-611-03 $1,024.75 PAID $1,024.75 PAID $80,210.00 $-0 - $-0- 09027 215-611-04 $1,007.88 PAID $1,007.88 PAID $80,210.00 s -a - 5-0- 09027 215-611-05 $981.49 PAID $981.49 PAID $80,210.00 $-0- PAC-,.,E 1 • • • • • ORDER NO. 1070972-15 1992-1993 TAX INFORMATION: CODE AREA: 09027 PARCEL NO.: 215-611-06 1ST INSTALLMENT: $978.45 -PAID 2ND INSTALLMENT: $978.45 PAID LAND VALUE: $80,210.00' IMPROVEMENTS: $-0- EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-611-07 1ST INSTALLMENT: $982.08 PAID 2ND INSTALLMENT: $982.08 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-611-08 1ST INSTALLMENT: $975.01 PAID 2ND INSTALLMENT: $975.01 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-611-09 1ST INSTALLMENT: $987.57 PAID 2ND INSTALLMENT: $987.57 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-611-10 1ST INSTALLMENT: $1,005.72 PAID 2ND INSTALLMENT: $1,005.72 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-611-11 1ST INSTALLMENT: $1,051.73 PAID 2ND INSTALLMENT: $1,051.73 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: $-0- PAGE 14 I C I. Os ORDER NO. 1070972-15 1992-1993 TAX INFORMATION: CODE AREA: 09027 PARCEL NO.: 215-611-12 1ST INSTALLMENT: $1,032.90 PAID 2ND INSTALLMENT: $1,032.90 PAID LAND VALUE: $80,210.00' IMPROVEMENTS: $-0- EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-611-13 1ST INSTALLMENT: $1,053.59 PAID 2ND INSTALLMENT: $1,053.59 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $ -0- EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-611-14 1ST INSTALLMENT: $1,049.77 PAID 2ND INSTALLMENT: $1,049.77 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-O- EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-611-15 1ST INSTALLMENT: $1,036.13 PAID 2ND INSTALLMENT: $1,036.13 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-611-18 1ST INSTALLMENT: $1,191.23 PAID 2ND INSTALLMENT: $1,191.23 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-611-19 1ST INSTALLMENT: $1,143.16 PAID 2ND INSTALLMENT: $1,143.16 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: $-o- PAGg 15 V ' / . . •• ORDER NO. 1070972-15 1992-1993 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09027 215-611-20 $1,109.70 PAID $1,109.70 PAID $80,210.00' $-0- $-0- 09027 215-611-21 $1,020.04 PAID $1,020.04 PAID $80,210.00 $-0- $-0 - 09027 215-611-22 $999.93 PAID $999.93 PAID $80,210.00 $-0- 09027 215-611-23 $1,009.45 PAID $1,009.45 PAID $80,210.00 $-0- 09027 215-611-24 $1,119.02 PAID $1,119.02 PAID $80,210.00 $-0 - $-0 - 09027 215-611-25 $1,225.66 PAID $1,225.66 PAID $80,210.00 $-0 - PAG 16 C • • . • • - ORDER NO.. 1070972-15 1992-1993 TAX INFORMATION: CODE AREA: 09027 PARCEL NO.: 215-611-28 1ST INSTALLMENT: $1,196.33 PAID 2ND INSTALLMENT: $1,196.33 PAID LAND VALUE: $80,210.00' IMPROVEMENTS: EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-611-29 1ST INSTALLMENT: $1,131.68 PAID 2ND INSTALLMENT: $1,131.68 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-610-21 1ST INSTALLMENT: $1,063.61 PAID 2ND INSTALLMENT: $1,063.61 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-610-23 1ST INSTALLMENT: $1,041.92 PAID 2ND INSTALLMENT: $1,041.92 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-610-24 1ST INSTALLMENT: $986.88 PAID 2ND INSTALLMENT: $986.88 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-610-25 1ST INSTALLMENT: $979.62 PAID 2ND INSTALLMENT: $979.62 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: PAE 17 - 4\ •":"' ORDER NO. 1070972-15 1992-1993 TAX INFORMATION: CODE AREA: 09027 PARCEL NO.: 215-610-26 1ST INSTALLMENT: $981.29 PAID 2ND INSTALLMENT: $981.29 PAID LAND VALUE: $80,210.00' IMPROVEMENTS: $-0- EXEMPT: $-0- CODE AREA: 09027 PARCEL NO: 215-610-27 1ST INSTALLMENT: $982.86 PAID 2ND INSTALLMENT: $982-.86 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-610-28 1ST INSTALLMENT: $980.51 PAID 2ND INSTALLMENT: $980.51 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-610-29 1ST INSTALLMENT: $974.03 PAID 2ND INSTALLMENT: $974.03 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-610-30 1ST INSTALLMENT: $973.93 PAID 2ND INSTALLMENT: $973.93 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-610-31 1ST INSTALLMENT: $974.13 PAID 2ND INSTALLMENT: $974.13 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: $-0- PAQE 18 - ORDER NO. 1070972-15 1992-1993 TAX INFORMATION: CODE AREA: 09027 PARCEL NO.: 215-610-32 1ST INSTALLMENT: $968.34 PAID 2ND INSTALLMENT: $968.34 PAID LAND VALUE: $80,210.00' IMPROVEMENTS: EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-610-33 1ST INSTALLMENT: $962.56 PAID 2ND INSTALLMENT: $962.56 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-610-34 1ST INSTALLMENT: $994.54 PAID 2ND INSTALLMENT: $994.54 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-610-35 1ST INSTALLMENT: $1,016.12 PAID 2ND INSTALLMENT: $1,016.12 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-610-36 1ST INSTALLMENT: $994.74 PAID 2ND INSTALLMENT: $994.74 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: $0 CODE AREA: 09027 PARCEL NO.: 215-610-37 1ST INSTALLMENT: $981.00 PAID 2ND INSTALLMENT: $981.00 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $ -0- EXEMPT: $-o- PAGE 19 •0 ORDER NO. 1070972-15 "I p 1 I. 1992-1993 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09027 215-610-38 $1,001.80 PAID $1,001.80 PAID $80,210.00' $-0- $-0- 09027 215-610-39 $991.30 PAID $991.30 PAID $80,210.00 $-0- 09027 215-610-40 $944.99 PAID $944.99 PAID $80,210.00 $-0- CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: PAGE 2Q 5,-ç AMF;i1 1 'L •. 0 - ORDER NO. 1070972-15 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 234 TO 267 INCLUSIVE 270 THROUGH 277 INCLUSIVE AND 280, 281, 282, 284 TO 301 INCLUSIVE OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 - UNIT "D", IN THE CITY OF CARLSBAD, COUNTY OF SAM DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12412, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. TOGETHER WITH PARCELS 3 AND 4 OF PARCEL MAP NO. 16451, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 15, 1991. PAgE 21 •00' 'EAL UTflITV CE..:' r: PE CtTY ' C1.Z&0 CE.fA5). / IERELV I - r74 IJ • 4 "- Ul - 244 94 /• I i I 290 L1'E TARE L:#' Os. wig L I M%62)I0E 25 oJ' 2 r0101'14'( 40 CO £ .4 F.45 '2.7 W 50 DO' S. 4 M4422 °4.7W 50 06 MflE: AN 0 f7 SPACE (4SE-'"4r TO r'E cfrr Cf C4,5L55.k3 I Ljr .4i: tS oi':4r, -,ECN. To ae 4:NrA (.'ED slY PE A Y(A17.4 4$j4 4S.SJCI4 rrc. 11P ;Y2. .i_:12412,. sHt5 : F CARLSGAO IThICT 85-35 ., CITY O SEF ShEET NO. 8 — 4*tf. I •-N• IlL I ' 1 .'. .rC4.41N&'Efl PA.cceL R. of S. 10774 t.—w f F ôI('NOAY 'I •b, 233 Oki, - ' s 4 •3t'>Y '' X b . \\ ..1a_ •/ COUNTY C, SAN DIEGO. Sr4TF OF C.4L IFC,'W!A A VIARA —P/IA SE I —UVI r D - cu,rr r'a.g C.. C.Jta $.cI, Arc C S 51,J54 340 I3 34 70 C 2 .?/37 '34 • 53 00 23 4F' C2 1t3 '20 'C 4 12"23'09 40 00' 20 00' 25 45' 25.T4 22 ç C s z:roz'o 50 00' 145 42 ACS 04 471-30 ,51 , 340 00' 50 50' SEE SJ'EET Av. 4 - $ 4 00' www. urn t rv EA$E7 'NY ro - TIq CITY OF cqto LorcA rED 41 I 231 ,.,IS .4$ foorm SPACE) 30 300 Cc -E4t, LIT! STY aj. ACC.-:55 E45eENr.—'" 0 617 A.L D' LOT JO.? .) 7E cur 3 a '-. ' 0•,.o CARL a.40 DAEDICAt 3 .., (• • .. '. •,? I O"S - : I S5i - A. of S. 10774 vf,4,,D.q 'ICzL 4.? 45 - a av 4 I 20 - - 2T 1 1 1 276 ,A I 7 12412 .:. . tITY OF , ARLS81.O TRACT 85-35 cOLWTY OF S4.V o.ro, .1TS OF CALIFC&VIA A VIA RA-PHASE I-lit/iT D SEE 3JET NO.4 I. - - SEE S1-EET NO. 4 4 00 Q?.$4L UI7L SPY (pfl 7 r crrv No, cs.go LI3!C4r ACACON • ..//.) • ! Y 0 w 6 , ji 00 wt 144 70'. 72 249 Vr ' , .. . L CIL- ot • ' 4 .1 I •0• . 1% . . t H i2S3 5 W SL.eDM3f 8AfDqy - A. of S. 10774 •tfl4/$c'dR P4C€L I • SI •1 S. 3 I : 1E41,2 _________ f a - - - r 7 - CI T V OF C'A HL SBA D IRA C T 85-35 1,1 coL,ITY Ac SIV D.tG.7. S..47T or AVjARA —pHA5Ef—jJ//ITD S4.WW IC.g: 92 E ET M. 4 A?r _Pelf rW r22 PE CZTT 4.*4l.4O 0Ea1C4 TED •231 irjc,40w jo 04 tu • iao.\ . : • ift 411, 01 4. 00 WE1L UT?L I TV E4WEr TO 7E Crry Or C4L $640 CII •'4OF •?' •w • • frE)•v - zl NOS . NI 0 , 303- 240 IS S2 0' 1. 259 ..—... - ' S — - c' _-0 ;2 5 • 260 ( '\ (264' ', ,• 1 • • . ¼) (2) "_......J •- $t .20 • — II 'S.' - — •,.$•_•—_ . 33 • —S II . - '— •t_- •?__ jT 20 • J. urt&rrr ANO ACCESS AsEvr S's • - . .t . ,j3 OvEq AU o' wr joi r, .' crry v a . 40 — — - CAALS6AO DEDICATED Ev • —_o -'0 /' '° ' — .. • — AVf.4RA 55 N. — ' - - • , p — — I • . — 4..' •. — 0 : - L.) • —. _.'L •44•jj 0Q4 .M # • • L.3S.PJ • . . . • S • l••0J•,F'lI• S S 277 •- ED . •' . R.ofS 10774 • .• . . 1 • . S ,• Q(144/.Q 4DC R. of S. 10774