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HomeMy WebLinkAboutMP 179; Evans Point; Master Plan (MP)MP179 EVANS POINT 212-050-22-00 Status: WITHDRAWN on 04/26/89 Application date: 06/20/85 LAND USE PLANNING APPLICATION DISCRETIONARY ACTIONS REQUEST D Zone Change DGeneral Plan Amendment DTentative Tract Map C] Major Planned Unit Development El Master Plan DMajor Redevelopment Permit DMinor Redevelopment Permit QPrecise Development Plan (check other boxes if appropriate) DSpecif ic Plan DSite Development Plan DConditional Use Permit CUVariance QPlanning Commission Determination DSpecial Use Permit QStructure Relocation QMajor Condominium Permit QCoastal Permit (Portion of Redevelopment Area Only) Complete Description ofProject (attach additional sheets if necessary) Master Plan for 128 acres of residential development. Legal Description (complete) Attached. Assessors Parcel Number 212-050-22. 29. 30. 34 Zone RA-1 County of San Di General Plan 43 acres RL 85 acres RLM Existing Land Use Ydcant, Proposed Zone P.C. Proposed General Plan No change. Site Acreage 128 acres Owner Name (Print or Type) Trust Services of America, Inc. A California Corporation, as Trustjee Applicant Mailing Address P.O. Box A - 1831 Name (Print or Type) Bieri ~ Avis Mailing Address 11300 Sorrento Valley Road, Suite 101 City and State Zip Telephone City and State Zip 'San Diego, California 92112 San Diego, California 92121 '457-0777 I CERTIFY THAT I M THE OWNER'S REPRESENTATIVE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE Briqr application per . Ro1Iman SIGNATURE DATE 00*15 Date Application Recfa ffr ' Received By/ Fee* Received Receipt No. Date Application Recr<3 Staff Assigned Case Nuafcer 17 7 CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 438-5621 REC'D FROM_p \\ s IA~T DATE_ ACCOUNT NO.DESCRIPTION AMOUNT (. PfECEIPT NO.TOTAL I. SPECIFIC REQUIREMENTS General Plan Amendment/Zone Change 1. Application Form 2. General Requirement Items F-0 3. Reproducible 1:500 scale map of subject property showing requested zoning and surrounding zoning and land uses. 4. Fee: General Plan Amendment $765.00 + $5.00 per lot or acre, whichever is higher. Zone Change: $655.00 Master Plan/Specific Plan ~T~. Application Form 2. General Requirement Items: - eighteen (18) copies of items B-D - items E-0 3. Fee: Master Plan $1,635.+ $5.00 per/acre Specific Plan $1,090.00 Master Plan Amendment: Major $545.00 + 5.00 acre Minor $185.00 + 2.00 acre Specific Plan Amendment: Major $440.00 Minor $ 75.00 Tentative Tract Map T~. Application Form 2. General Requirement Items - eighteen (18) copies of item A items E-P 3. Fee: $530.00 (1-25 lots or units) $765.00 (26-100 lots or units) $1,310 (100 + lots or units) Revision: $330.00 (1-25 units or lots) $545.00 (26-100 units or lots) $765.00 (100+ units or lots) $150.00 Revision that does not change design of subdivision Major Planned Development (5 or more units) 1. Application Form 2. General Requirement Items: - eighteen (18) copies of items B-D items E-0 3. Conversion to Condominiums - list of names and addresses of all tenants of the project, proof of notification of the tenants 60 days prior to filing tentative map. Residential Condominiums $530.00 (50 units or less) $1,090.00 (50 units or more) $365.00 (Amendment for 50 units or less) $655.00 (Amendment for 50 units or more) $ 5.00 Unit (Notification of Tenants for Condominium Conversion) Residential Planned Unit Development $530.00 (50 units or less) $1,090.00 (51 units or more) $275.00 (Amendment for 50 units or less) $545.00 (Amendment for 50 units or more) Non Residential Condominium or Planned Unit Development $420.00 (50 or less units) $1,090.00 (50 or more units) $220.00 (Amendment for 50 or less units) $400.00 ( Amendment for 50 or more units) Site Development Plan 1. Application Form 2. General Requirement Items eighteen (18) copies of items B-D items E-I, M-0 3. Fee: $365.00 Conditional Use Permit/Special Use Permit/Precise Development Plan 1 . Application Form 2. General Requirement Items: eighteen (18) copies of items B-D items E-0 (items L,M & N not required for Special Use Permit) 3. Fee: $420.00 Conditional Use Permit/Special Use Permit $440.00 Precise Development Plan 4. Additional information may be required by the Enaineering Department for Special Use Permits Variance 1. Application Form 2. General Requirement Items: eighteen (18) copies of item B and D (if applicable) items E, F, H-K, M, 0 3. Variance Supplemental Sheet 4. Fee: Single Family = $150.00 Other = $420.00 Planning Commission Determination T~. Application Form ~ 2. One page statement precisely indicating the determination request. 3. General Requirement Items: eighteen (18) copies of items B-D (if applicable) items F-I, L, M, 0 4. General Requirement Items for Density Determination: eighteen (18) copies items B-D items E-I, L-0 5. Fee: $330.00 Major and Minor Redevelopment Permits ~.Application Form 2. General Requirement Items: Major; eighteen (18) copies of Item B-D items E-M and material samples (if applicable) Minor; - eighteen (18) copies of items B-D (if applicable) items E-Ff H-M and material samples (if applicable) 3. Fee. (Not established except where other permit is necessary). 4. Coastal Permit if applicable. Structure Relocation 1.Application Form 2. General Requirement Items eighteen (18) copies of B and D items E, F, H, I, M - inspection notice from the Building Department 3. Fee: $120.00 NOTE: INCOMPLETE SUBMITTALS WILL PREVENT OR SIGNIFICANTLY DELAY THE PROCESSING OF A PROJECT II. GENERAL REQUIREMENTS A. Tentative map/preliminary grading plan (24" x 36" folded to 8 1/2" x 11") Each tentative map/preliminary grading plan shall contain the following information: (1) Name and address of the owner whose property is proposed to be subdivided and the name and address of the subdivider; (2) Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps; (3) North point; (4) Scale; vicinity map; (5) Date of preparation; (6) The location, width and proposed names of all streets within the boundarie-s of the proposed subdivision and approximate grades thereof; (7) Location and width of alleys; (8) Name, location and width of adjacent streets; (9) Lot lines and approximate dimensions and numbers of each lot; (10) Approximate location and width of watercourses or areas subject to inundation from floods, and location of structures, irrigation ditches and other permanent physical features; (11) Approximate contours at 1' intervals for slopes less than 5%, 2' intervals for slopes between 5% and 10%, and 5' intervals for slopes over 10%. (both existing and proposed). Existing and proposed topographic contours within a 100 foot perimeter of the boundaries of the site. Existing on-site trees; those to be removed and those to be saved; (12) Approximate location of existing buildings and permanent structures and proposed condominium buildings; (13) Location of all major vegetation, showing size and type; (14) Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data); (15) Width and location of all existing or proposed public or private easements; (16) Classification of lots as to intended residential, commercial, industrial or other uses; (17) Location of railroads; (18) Approximate radii of curves of streets; (19) Proposed name and city tract number of the subdivision; (20) Any proposed phasing by units; (21) Number of units to be constructed when a condominium or community apartment project is involved. (22) Method of draining each lot; (23) Earthwork Volumes (24) Also, proposed utilities, existing street, sewer, water, and storm drainage improvements along the subdivision frontage, including street lights and fire hydrants on both sides of the street within 300 feet of the subdivision. (25) Typical street section for all adjacent streets and streets within the project. B. Site Plan (folded to 8 1/2" x 11") shall include the following information: Name and address of applicant, engineer and/or arc- hitect, etc. All easements Dimensioned locations of: access, both pedestrian and vehicular, showing service areas and points of ingress and egress off-street parking and loading areas showing location, number and typical dimensionn of spaces, and wheel stops. distances between buildings and/or structures building setbacks (front, rear and sides) location, height, and materials of walls and fences - location of freestanding signs all driveways to scale on adjacent and across the street properties for a distance of 100 feet beyond the limits of subject site. existing curbs, gutters, sidewalks and existing paving widths within 100 feet on adjacent and across the street properties. typical street section any existing median islands within 100 feet of subject site. nearest cross streets on both sides with plus or minus distances from subject site. location of all buildings within 100 feet of subject properties. - a vicinity map showing major cross streets a summary table indicating the following information: site acreage existing zone and land use - proposed land use total building coverage building sq. footage percent landscaping number of parking spaces - sq. footage of open/recreational space (if applicable) cubic footage of storage space (if applicable) ADDITIONAL DATA REQUIRED: UNLESS A TENTATIVE MAP IS SUBMITTED ALL DATA REQUIRED FOR A TENTATIVE MAP SHALL BE SUBMITTED ON THE SITE PLAN. C. Preliminary Landscape Plan (24" x 36" folded to 8 1/2" : 11") shall include the following information: 1. Landscape zones per the City of Carlsbad Landscape Guidelines Manual 2. Typical plant species and their sizes for each planting zone 3. An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. 4. Landscape maintenance responsibility (private or common) for all areas. 5. Percent of site used for landscaping D. Building Elevations and Floor Plans* (24"x36" folded to 8 1/2" x 11") floor plans with square footages included - location and size of storage areas all buildings, structures, walls and/or fences, signs and exterior lights. NOTE: ALL PLANS AND EXHIBITS MUST BE FOLDED IN A SIZE NOT TO EXCEED 8 1/2" x 11". E. One (1) copy each of 8 1/2"x11" site plan and elevations. F. One (1) copy of 8 1/2"x11" location map (suggested scale 200" - vicinity maps on the site plan are not acceptable) G. Environmental Impact Assessment Form ($175) H. Public Facility Agreement: 2 copies: One (1) notorized original, One (1) reproduced copy. I. Disclosure Statement J. Property Owners' List and Addressed Stamped Envelopes (Not needed for Site Development Plan, Special Use Permit, Planning Commission Determination and Minor Condominium Permit) 1) a typewritten list of the names and addresses of all property owners and occupants within a 600 foot radius of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2) Two separate sets of legal size (#10), addressed stamped envelopes (four sets for condominium conversions) of the property owners and occupants within a 600-foot radius of subject property. For any address other than single family residence, apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON ENVELOPES AND LEAVE RETURN OF ADDRESS BLANK. 3) For Condominium Conversions, two separate sets of addressed, stamped envelopes of all existing tenants is required. K. 600 Foot Radius Map (Not neededfor Site Development Plan, Planning Commission Determination and Special rise Permit). A map to scale not less than 1" = 200' showing each lot within 600 feet of the exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with «the property owner's list. The scale of the map may be reduced to a scale acceptable to the Land Use Planning Manager if the required scale is impractical. L. For residential projects within Vista, Encinitas or San Dieguito School Districts, the applicantshallindicate whether he prefers to dedicate land for school facilities, to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, he shall suggest the specific land. For residential projects within the Carlsbad Unified School District and the San Marco Unified School District, the applicant shall submit written confirmation that school facilities will be available and serve the project at time of need. M. Preliminary Title Report (current within the last six months) N. Proof of sewer availability if located in the Leucadia County Water District. 0. Colored Site Plan and Elevation Plan (Not required with first submittal).It is the Applicant's responsibility to bring one copy of a colored site plan and one copy of a colored elevation to the Land Use Planning Office by Noon two days prior to the Planning Commission meeting. P. Statement of agreement to waive tentative tract map time limits. APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all appli- cants are required to complete this disclosure form at the time of submitting their application. When this form has been com- pleted and signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either gen- eral or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, : its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 shareholders or less) or a real estate syndication, then please state the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syn- dicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corpor- ation be a publically held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. 1^ after the information YOU have submitted has been reviewed, it is determined that further informatioi^^ required, you will be so APPLICANT: AGENT: Evans Point Joint Venture c/o Bieri - Avis Name (individual, partnership, joint venture, corporation, syndication) 11300 Sorrento Valley Road, Suite 101, San Diego, Ca. 92121 Business Address (619) 457-0777 Telephone Number Name Business Address MEMBERS t Telephone Number Stephen A. Bieri Name -(individual, partner, joint venture, corporation, syndication) 17704 Montero Road San Diego. Ca. 92128 Home Address 11300 Sorrento Valley Road, Suite 101, San Diego, Ca. 92121 Business Address (619) 457-0777 (619) 451-1926 Telephone Number Douglas M. Avis Telephone Number 12911 Via Latina Del Mar. Ca. 92014 Home Address 11300 Sorrento Valley Road, Suite 101, San Diego, Ca. Business Address (619)) 457-0777 (619) 259-0980 Telephone Number Telephone lumber 92121 Sun Development Corporation 5151 Shoreham Place #150 San Diego, California 92122 (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be' relied upon as being true and correct until amended. (/Applicant BY Agent, Owner, Partner PLEMENTAL INFORMATION FORM VARIANCE 1) Gross Acres (or square footage, if less than acre) 2) Zone ; 3) General Plan Land Use Designation 4) By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully and explain how the proposed project meets each of these facts. Use additional sheets if necessary- a) Explain why there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone: b) Explain why such variance is necessary for the preservation and enjoyment of a substantial property right possessed by otter property in the same vicinity and zone but which is denied to the property in question: c) Explain why the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located d) Explain why the granting of such variance will not adversely affect the comprehensive general plan: STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. Signature Date Douglas M. Avis Applicant Name (Print) Relationship to Application (Property Owner-Agent) FORM: PLANNING 37, REVISED 3/80 AGREEMENT TO EXTEND TIME LIMITS TO ALLOW REVIEW OF THE LAND USE ELEMENT OF THE GENERAL PLAN In a desire to assist the City of Carlsbad to expeditiously review the Land Use Element of the General Plan and to ensure full and adequate review of the application for this development project the undersigned agrees that the time limits imposed by law to approve or disapprove this application shall be extended. If a negative declaration is adopted for this project the undersigned agrees that the time period for approval or disapproval is extended for 90 days. If the project requires an environmental impact report the undersigned agrees that the time limit imposed by Section 21151.5 of the Public Resources Code is extended for six months and that the project shall be approved or disapproved within 90 days after the certification of the environmental impact report. The undersigned understands that the City will process this application according to City Council Resolution No. 7872 and consents to processing the application according to that resolution. Si&riature of Applicant or Date Authorized Agent Douglas M. Avis _ _ _ Name (print) Title (Applicant, Authorized Agent, etc.) APPROVED : Michael J. Holzmiller Land Use Planning Manager RECORDING REQUESTED WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorder's use Documentary transfer tax: $ No fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No. <3- / 2 - 0'J~& - 3- 7 , £ O AGREEMENT BETWEEN OWNER. DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 26 day of March , 19 85 by and between Evans Point Joint Venture (Nameof Developer) a Joint Venture hereinafter referred to as (Corporation, partnership, etc. ) "Developer1' whose address is 11300 Sorrento Valley Road-Suite 101 -(Street) San Diego, California 92121 (City,State,Zip Code) Trust Services of America, Inc. (Nameof Legal Owner) , hereinafter referred to as (Corporation, etc.) "Owner" whose address is P.O. Box A 18ri (Street) San Diego, California 92112 (City, State, Zip Code) AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. REV 4-2-82 2^-33.2. RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made a part of this agreement, and hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a development project as follows: Planned rnrnmiim' 1-y of 70 townhomes, 294 single family homes. 2% village commercial rpnt-pr-g and 9 acre public park. on said Property, which development carries the proposed name of and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 27 daY of Marrh » •19 85 , with the City a request for Tentative Map and Master Plan and Pre-annexation zone change. hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to ser^e a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and incorporated by this reference); and WHEREAS, Developer, Owner and City recognize the correctness of Council Policy No. 17 dated April 2, 1982, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and -2- REV 4-2-82 WHEREAS, Developer and Owner have asked the City to find that public facilities, and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer and Owner are aware that the City cannot and will not be able to make any such findings without financial assistance to pay for such services and facilities; and, therefore, Developer and Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer and Owner shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer and Owner sh?ll pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 2% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terras "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or -3- REV 4-2-82 projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer and Owner shall pay to City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer and Owner may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer and Owner offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be 'determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services^ and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. -4- REV 4-2-82 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer and Owner to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developer are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. -5- REV 4-2-82 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer, Owner and the City, and references to Developer, Owner or City herein shall be deemed to be reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner's interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to City. 9. This agreement shall be recorded but shall not create a lien or security interest on the Property. When the obligations cf this agreement have been satisfied, City shall record a release. /// Notwithstanding Trust Services of America, Inc.'s execution of this Note, it is understood that it has so acted as Trustee of its Trust No. 24-5493-00-2 and that-its liability and obligation hereunder are not assumed by it in its corporate capacity but shall be limited to its fiduciary undertaking, and /-/'/ ' in all events, to the assets of said Trust. -6- REV 4-2-82 PUBLIC FACILITIES FEE REQUIREMENTS City Council Policy -Number 17 requires that all developers requesting a discretionary action for a project pay a public facilities fee in the amount of 2.0 percent of the building valuation. The fee is computed by the Building Department and paid at the time the building permit is obtained. In the case of a condominium conversion, the fee is calculated on the building valuation at the time the fee is paid and the fee must be paid prior to obtaining a final map on the project. In addition to the above, a completed, .signed, and notarized agreement to pay the public facilities fee must be submitted with any application for a discretionary action. This agreement form should be completed by the applicant and submitted as follows: 1. Select the appropriate form for either (a) the developer and owner are the same party, or (b) the developer and owner are different. 2. Fill in the date the agreement is completed, the name and address of the developer (and owner, if appropriate) and state if each is an individual, partnership, corporation, etc. 3. Fill in the type of project proposed to be constructed, such as "a 12- unit condominium" or "30,000 square foot shopping center", etc., and the proposed name (if any). 4. Fill in the date the request will be (or was) submitted and the type of request, such as a "a tentative map", or a "condominium permit", "rezoning", etc. 5. Type a short legal description of the property on the last sheet (Exhibit "A"). Legal must be original, no reproduced copies will be accepted. 6. Sign the form in the presence of a notary and have the notary attach an acknowledgement of execution to the form. a. Fill out the title of the person signing the form (general partner, vice-president, etc.). If the agreement is signed by a corporate officer, the corporate seal must be stamped by the signature. b. The notary must be of the correct form (individual, partnership, corporation) and be completely and properly filled out. 7. Use ttu. attached form as original; a reproduced copy will not be accepted. Submit the original of the agreement and one copy. 8. A current copy of the preliminary title report mrst accompany each application. (The preliminary title report must have been issued within the last six months). 7/84 ORDER NO. 45205 LEGAL DESCRIPTION PARCEL 1: That portion of Lot "F" of RANCHO AGUA HEDIONDA, in the County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder cf San Diego County, November 16, 1896, described as follows: Beginning at Point 1 of said Lot "F" as shown on said map; thence along the boundary line of said Lot "F" South 25°33'56" East (Record: South 25°03'40" East) 229.00 feet to Point 23 of said Lot; thence South 54°40'19" East (Record: South 54°08' East) along the boundary line of said Lot 1,347.00 feet; thence South 35°19'44" West (Record: South 35°49'52" West) 2,257.74 feet; thence North 53°02'49" West (Record: North 52°32'21" West) 1214.69 feet to the most Westerly corner of that Parcel of land partitioned out to Barbara Jean Higdon, only, by and in that certain Final Judgment in partition recorded March 24, 1965, as File No. 52516 in Official Records of said Recorder; thence West to a point on the boundary line of said Lot "F" between points 4 and 5 of said Lot being the TRUE POINT OF BEGINNING; thence along said boundary line North 0°12'00" East to said Point 4 of Lot "F"; thence North 81°59'35" West a41.96 feet (Record North 83°05' West 344 feet) to Point 3 of Lot "F"; thence North 1°54'38" West 1,204.66 feet (Record North 3° West 1,218 feet) to Point 2 of Lot "F"; thence along the Northeasterly line of Lot "F", South 66°54'43" East (Record South 66°30' East) to a point distant thereon North 66°54'43" West (Record North 66°30' West) 780 feet from said Point 1; thence South 23°05'03" West 1450 feet; thence South to a line that bears East from the TRUE POINT OF BEGINNING; thence West to said TRUE POINT OF BEGINNING. EXCEPTING THEREFROM that portion described in Parcels 68452-A and 68452-B of deed to the County of San Diego, recorded January 14, 1970 as File No. 7225 of Official Records. ALSO EXCEPTING THEREFROM that portion described as follows: Beginning at said Point 23, being the Northerly corner of lands granted by Charles Kelly and wife to Elmer U. Carpenter by deed recorded June 1, 1937 in Book 662, page 75 of Official Records, in the Office of the County Recorder of San Diego County; thence South 11°55'07" West 14.42 feet along the Westerly boundary of said Carpenter land to the Southwesterly line of El Camino Real, as shown on Road Survey No. 1800-1, as described in deed to the County of San Diego, recorded January 14, 1970 as Document No. 7225 of Official Records of said County, being a point on a curve in said Southwesterly line concave Southwesterly and having a radius of 3455.00 feet, a radial line from said point bears South 35°35'22" West, said point being the TRUE POINT OF BEGINNING; thence Northwesterly along said curve through a central angle of 9°02'31" a distance of 545.24 feet to a tangent line in said Southwesterly line of El Camino Real; thence North 63°27'09" West 472.26 feet to the beginning of a tangent curve in said Southwesterly line concave Southwesterly and having a radius of 14,955.00 feet; thence Northwesterly along said curve through a central angle of 0°29'19" a distance of 127.53 feet to Station 420 Plus 25 as shown on said Road Survey No. 1800-1; thence leaving said Southwesterly line South 28°53'52" West 178.31 feet; thence South 17°24'23" East 278.57 feet; thence South 29°42'33" East 399.26 feet; thence South 54°36'44" East 601.95 feet more or less to the most Westerly corner of said land to Carpenter; thence along the Westerly boundary of said land North 42°59'32" East 374.50 feet and North 11055'07" East 301.18 feet to the TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM that portion described as follows: Beginning at Point No. 2 of said Lot "F" as shown on said map; thence along the common boundary line between Lot "I" and said Lot "F", South 1°38'25" East -Record South 1°54'38" East- 707.65 feet to the TRUE POINT OF BEGINNING, being the most Northeasterly corner of land described in deed to Marvin H. Sippel, et ux, recorded November 13, 1962 as File No. 193941 of Official Records; thence along the Southeasterly prolongation of the Northeasterly line of said Sippel's Land, South 55°33'25" East to a point on a line drawn parallel with and distant 100.00 feet measured at right angles from said common boundary line between Lots "F" and "I"; thence along said parallel line, South 1°38'25" East, 445.00 feet to a line that bears North 81°59'35" West from Point 4 of said Lot "F"; thence North 81°59'35" West, 103 feet, more or less, to Point 3 of said Lot "F"; thence along said boundary common to said Lots "F" and "I", North 1°38'25" West (Record North 1°54'38" West), 505.00 feet to the TRUE POINT OF BEGINNING. PARCEL 2: All of that portion of Lot F of RANCHO AGUA HEDIONDA, in the County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, and described as follows: Commencing at Point One of said Lot F, as shown on said map; thence along the exterior boundary line of said Lot F, South 25°03'40" East (Record: South 24°45' East) •229 feet to a point upon said Lot boundary line designated on said map as Point 23, which point is also the most Northerly corner of lands granted by Charles Kelly, et ux, to Elmer U. Carpenter by deed recorded June 1, 1937, in Book 662, page 75 of Official Records, in the Office of the County Recorder of San Diego County; thence along the Northwesterly boundary of said Carpenter lands as follows: South 11°51'12" West a distance of 315.60 feet to a point; thence South 42°55'37" West a distance of 374.50 feet to a point, which point is the most Westerly corner of said Carpenter lands; being also the most Southerly corner of land conveyed to Young Men's Christian Association of San Diego and San Diego County, by deed recorded March 28, 1972 as File No. 73319 of Official Records and the TRUE POINT OF BEGINNING; thence along the Southwesterly boundary of said Carpenter lands, South 54°10'08" East a distance of 2.07 feet to a point; thence South 42°24'42" West 938.72 feet to a point, which point is the beginning of a tangent arc concave Southeasterly and having a radius of 600 feet; thence along the curve of said arc a distance of 269.80 feet to a point; thence South 16°38'52" West 386.15 feet to the most Westerly corner of land conveyed to James A. Dye, et ux, by deed recorded December 31, 1969 as File No. 236219 of Official Records; thence West to the East line of land conveyed to Title Insurance and Trust Company by deed recorded December 22, 1965 as File No. 230093 of Official Records; thence along said East line North to an angle point; thence North 23°05'03" East to the Southwesterly line of said Young Men's Christian Association Lands; thence Southeasterly along said Southwesterly line to the TRUE POINT OF BEGINNING. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER:DEVELOPER: Trust Services of'America, Irrc. , A Evans Point Joint Venture California Corporation, a3.Trustee under Trust #24-5493-00-2 Bieri - Avis III, a California .' / / /' • general partnership, managing-? i TO -146 C (Corporation as a Partner of a Partnership) STATK OF CALIFORNIA COUNTY OF San Diego }ss. May 8, 1985 Inc. A po-ration, r On sakl State, personally appeared President =;ffi!t~r! liefore me. the undersigned, a Notary PuMic in and for Douglas M. Avis known ,„ me ,„ ,)e „„ Avis Company, Inc. tin- within' instrument and known to mi' to be [In- persons who executed the within instrument on hehalf of >aid corporation. s;;id corporation liein^' known to me |o he one of the partners of Bieri-Avis III ,1,, _. the corporation thai executed ant that executeil the within instrument, and acknowledged to me that -ueli corporation executed the same as such partner ami that inch partn^j^hip executeil the same. WITNESS Signature Ruth A. Besecker Name I Typed or Printed) joint venture OFFriAL iEAL, RUTH .BESECKER NOTARY r ; -c • CALIFORNIA SAN I .GO COUNTY MyComm • .' rej Nov 29, 1 ?88 California rship , Ruth A. Besecker Name 'Typed nr Printed) (This area for official notarial seal) "win M. Lji_oi_u;ii_!\ NOTARY PUBLIC • CALIFORNIA SAN D;EGO COUNTY m c«pirei Nov. 27, 1988M (This area for official notarial seal) CAT. NO. NN00737 TO 1945 CA (7-82) (Corporation) STATE OF CALIFORNIA COUNTY OF SAN DIEGO TITLE INSURANC6 AND TRUST A neon COMPANY I w u u \ On MAY 3. 19S5 before me, the undersigned, a Notary Public in and for personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the VICE President, and JOE^E.^ CJOLLTNR personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the ASSISTANT Secrerarv of rhe Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS myhand and^fificial seal. c ' / I n ffi v L/Lf^ tAjAJ ft 4 J ASicrnariirp J UllUAfn "rfc-fr/CtC-*- <• *-* /Hu / ,_ <T ,-.--••.-, ~^~ "^' :^.^~^""'\! ' ', r •'•-.•.--..... ...- /N ••- • • ' ••••-•'.-... 1 -, i;(O ' )-••- •- :.: : • . • . - - )v<V ^^-•^•^} - ~ -\ • v.' p . ' '"• •- '-' ' ''JT" ) W--^-N^-!l!^S;0n ExP're> Cecsmbar 12, 1988 S (This area for official notarial seal) ER must Li- CHICAGO TITLE COMPANY OF SAN DIEGO SUITE 100, 2550 FIFTH AVENUE - FINANCIAL CENTRE SAN DIEGO, CALIFORNIA 92103 - (619) 232-8921 PAGE 1 PRELIMINARY REPORT CHRIS LAU 4805 REFUGIO CARLSBAD, CA 92008 Attention: Your No. Our No. 45205-1 Disk No. 84 In response to the above referenced application for a policy of title insurance Chicago Title Company of San Diego hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance 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. Date: SEPTEMBER 5, 1984 at 7:30 A.M. LEE HOUSKET Title Officer The form of policy of title insurance contemplated by this report is: TO COME The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE Title to said estate or interest at the date hereof is vested in: TITLE INSURANCE AND TRUST COMPANY, a corporation, in its capacity as Trustee for the benefit of IRWIN J. KELLY The land referred to in this Report is situated in the State of California, County of San Diego, and is described as follows: SEE LEGAL DESCRIPTION ATTACHED ORDER NO. 45205 LEGAL DESCRIPTION PARCEL 1: That portion of Lot "F" of RANCHO AGUA HEDIONDA, in the County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, described as follows: Beginning at Point 1 of said Lot "F" as shown on said map; thence along the boundary line of said Lot "F" South 25°33'56" East (Record: South 25°03'40M East) 229.00 feet to Point 23 of said Lot; thence South 54°40'19" East (Record: South 54°08' East) along the boundary line of said Lot 1,347.00 feet; thence South 35°19'44" West (Record: South 35°49'52" West) 2,257.74 feet; thence North 53°02'49" West (Record: North 52°32'21" West) 1214.69 feet to the most Westerly corner of that Parcel of land partitioned out to Barbara Jean Higdon, only, by and in that certain Final Judgment in partition recorded March 24, 1965, as File No. 52516 in Official Records of said Recorder; thence West to a point on the boundary line of said Lot "F" between points 4 and 5 of said Lot being the TRUE POINT OF BEGINNING; thence along said boundary line North 0°12'00" East to said Point 4 of Lot "F"; thence North 81°59'35" West 341.96 feet (Record North 83°05' West 344 feet) to Point 3 of Lot "F"; thence North 1°54'38" West 1,204.66 feet (Record North 3° West 1,218 feet) to Point 2 of Lot "F"; thence along the Northeasterly line of Lot "F", South 66°54'43" East (Record South 66°30' East) to a point distant thereon North 66°54'43Tf West (Record North 66°30' West) 780 feet from said Point 1; thence South 23005'03" West 1450 feet; thence South to a line that bears East from the TRUE POINT OF BEGINNING; thence West to said TRUE POINT OF BEGINNING. EXCEPTING THEREFROM that portion described in Parcels 68452-A and 68452-B of deed to the County of San Diego, recorded January 14, 1970 as File No. 7225 of Official Records. ALSO EXCEPTING THEREFROM that portion described as follows: Beginning at said Point 23, being the Northerly corner of lands granted by Charles Kelly and wife to Elmer U. Carpenter by deed recorded June 1, 1937 in Book 662, page 75 of Official Records, in the Office of the County Recorder of San Diego County; thence South 11°55'07" West 14.42 feet along the Westerly boundary of said Carpenter land to the Southwesterly line of El Camino Real, as shown on Road Survey No. 1800-1, as described in deed to the County of San Diego, recorded January 14, 1970 as Document No. 7225 of Official Records of said County, being a point on a curve in said Southwesterly line concave Southwesterly and having a radius of 3455.00 feet, a radial line from said point bears South 35°35'22" West, said point being the TRUE POINT OF BEGINNING; thence Northwesterly along said curve through a central angle of 9°02'31" a distance of 545.24 feet to a tangent line in said Southwesterly line of El Camino Real; thence North 63°27t09" West 472.26 feet to the beginning of a tangent curve in said Southwesterly line concave Southwesterly and having a radius of 14,955.00 feet; thence Northwesterly along said curve through a central angle of 0°29'19" a distance of 127.53 feet to Station 420 Plus 25 as shown on said Road Survey No. 1800-1; thence leaving said Southwesterly line South 28°53'52" West 178.31 feet; thence South 17°24'23" East 278.57 feet; thence South 29°42'33" East 399.26 feet; thence South 54°36'44" East 601.95 feet more or less to the most Westerly corner of said land to Carpenter; thence along the Westerly boundary of said land North 42059'32" East 374.50 feet and North 11°55'07" East 301.18 feet to the TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM that portion described as follows: Beginning at Point No. 2 of said Lot "F" as shown on said map; thence along the common boundary line between Lot "I" and said Lot "F", South 1°38'25" East -Record South 1°54'38" East- 707.65 feet to the TRUE POINT OF BEGINNING, being the most Northeasterly corner of land described in deed to Marvin H. Sippel, et ux, recorded November 13, 1962 as File No. 193941 of Official Records; thence along the Southeasterly prolongation of the Northeasterly line of said Sippel's Land, South 55°33'25" East to a point on a line drawn parallel with and distant 100.00 feet measured at right angles from said common boundary line between Lots "F" and "I"; thence along said parallel line, South 1°38'25" East, 445.00 feet to a line that bears North 81°59'35" West from Point 4 of said Lot "F"; thence North 81°59'35" West, 103 feet, more or less, to Point 3 of said Lot "F"; thence along said boundary common to said Lots "F" and "I", North 1°38'25" West (Record North 1°54'38" West), 505.00 feet to the TRUE POINT OF BEGINNING. PARCEL 2: All of that portion of Lot F of RANCHO AGUA HEDIONDA, in the County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, and described as follows: Commencing at Point One of said Lot F, as shown on said map; thence along the exterior boundary line of said Lot F, South 25°03'40" East (Record: South 24°45' East) 229 feet to a point upon said Lot boundary line designated on said map as Point 23, which point is also the most Northerly corner of lands granted by Charles Kelly, et ux, to Elmer U. Carpenter by deed recorded June 1, 1937, in Book 662, page 75 of Official Records, in the Office of the County Recorder of San Diego County; thence along the Northwesterly boundary of said Carpenter lands as follows: South 11°51'12" West a distance of 315.60 feet to a point; thence South 42°55'37" West a distance of 374.50 feet to a point, which point is the most Westerly corner of said Carpenter lands; being also the most Southerly corner of land conveyed to Young Men's Christian Association of San Diego and San Diego County, by deed recorded March 28, 1972 as File No. 73319 of Official Records and the TRUE POINT OF BEGINNING; thence along the Southwesterly boundary of said Carpenter lands, South 54°10'08" East a distance of 2.07 feet to a point; thence South 42°24'42" West 938.72 feet to a point, which point is the beginning of a tangent arc concave Southeasterly and having a radius of 600 feet; thence along the curve of said arc a distance of 269.80 feet to a point; thence South 16°38'52" West 386.15 feet to the most Westerly corner of land conveyed to James A. Dye, et ux, by deed recorded December 31, 1969 as File No. 236219 of Official Records; thence West to the East line of land conveyed to Title Insurance and Trust Company by deed recorded December 22, 1965 as File No. 230093 of Official Records; thence along said East line North to an angle point; thence North 23°05'03" East to the Southwesterly line of said Young Men's Christian Association Lands; thence Southeasterly along said Southwesterly line to the TRUE POINT OF BEGINNING. Order No. 45205 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, a lien not yet payable, for fiscal year 1984-85. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of the State of California. 3. An easement for road for wagon or truck trail or a narrow gauge railroad, over a portion of Lot "F" herein described as conveyed to William Me Klintock in that certain agreement recorded as Document No. 3311 of the Torrens book on May 8, 1923, and December 15, 1933 in Book 265, page 93 of Official Records. Said easement was affected by Quitclaim deed recorded April 17, 1968 as File No. 64424 of Official Records and by document recorded August 27, 1970 as File No. 155544 of Official Records. Affects as follows: Location thereof is not set forth. Reference is hereby made to said Document for further particulars. 4. The Right and privilege to extend drainage structures and excavation and embankment slopes beyond the limits of Road Survey No. 682, where required for construction and maintenance in favor of THE COUNTY OF SAN DIEGO, in deed recorded January 5, 1938 in Book 743, page 64 of Official Records and in Book 727, page 441 of Official Records. Affects Parcel 1 only. 5. An easement for above and below ground public utilities and incidental purposes, in favor of San Diego Gas and Electric Company, a corporation, as set forth in deed recorded October 20, 1948 in Book 2988, page 454 of Official Records. Affects as described in said instrument. 6. An easement for above and below ground public utilities and incidental purposes, in favor of San Diego Gas and Electric Company, a corporation, as set forth in deed recorded March 5, 1956 in Book 6003, page 133 of Official Records. Affects as described in said instrument. Reference is hereby made to said Document for further particulars. 7. An easement for above and below ground public utilities and incidental purposes, in favor of San Diego Gas and Electric Company, a corporation, as set forth in deed recorded September 18, 1962 as File No. 160664 of Official Records. Affects as described in said instrument. Reference is hereby made to said Document for further particulars. 8. An agreement dated October, 1963, by and between INVESTMENT SECURITIES CORPORATION, a California corporation and TITLE INSURANCE AND TRUST COMPANY, disclosed by an instrument recorded March 26, 1964 as File No. 55458 of Official Records. Reference is hereby made to said Document for further particulars. 9. An easement and right of way for pipeline and access and right to pass over a strip of land 30 feet in width by any convenient route as awarded to various parties in the Final Judgment in partition and incidentals thereto in favor of CHARLES DAVID KELLY, ET AL, by an instrument recorded March 24, 1965 as File No. 52516 of Official Records. Affects as follows: Location thereof is not set forth. Reference is hereby made to said Document for further particulars. 10. An easement and right of way for water pipelines and incidents and appurtenances, ingress and egress and incidentals thereto in favor of CARLSBAD MUNICIPAL WATER DISTRICT, by an instrument recorded November 27, 1968 as File No. 208029 and re-recorded November 29, 1968 as File No. 209776, both of Official Records. Affects as described in said instrument. Reference is hereby made to said Document for further particulars. 11. An easement and right of way for ingress and egress for road purposes and incidentals thereto in favor of BARBARA J. HIGDON, by an instrument recorded December 31, 1969 as File No. 236218 of Official Records. Affects as described in said instrument. Reference is hereby made to said Document for further particulars. 12. The Right and privilege to extend drainage structures and excavation and embankment slopes beyond the limits of Road Survey No. 1800-1, where required for construction and maintenance in favor of THE COUNTY OF SAN DIEGO, in deed recorded January 14, 1970 as File No. 7225 of Official Records. Affects Parcel 1 only. 13. An agreement dated March, 1971, by and between TITLE INSURANCE AND TRUST COMPANY, a corporation, as Trustee for IRWIN J. KELLY and BARBARA JEAN HIGDON, ET AL, disclosed by an instrument recorded September 17, 1971 as File No. 211501 of Official Records. Reference is hereby made to said Document for further particulars. 14. An easement for above and below ground public utilities and incidental purposes, in favor of San Diego Gas and Electric Company, a corporation, as set forth in deed recorded April 10, 1970 as File No. 62701 of Official Records. Affects as described in said instrument. Reference is hereby made to said Document for further particulars. 15. An easement for aerial and underground communication structures and incidental purposes, as granted to the Pacific Telephone and Telegraph Company, in deed recorded April 3, 1975 as File No. 75-075835 of Official Records. Affects as described in said instrument. Reference is hereby made to said Document for further particulars. 16. An easement for above and below ground public utilities and incidental purposes, in favor of San Diego Gas and Electric Company, a corporation, as set forth in deed recorded July 29, 1975 as File No. 75-197509 of Official Records. Affects as described in said instrument. Reference is hereby made to said Document for further particulars. 17. An easement and right of way to excavate for, install, place, lay, construct, reconstruct, replace, repair, maintain and use at any time and from time to time underground conduits, vaults, manholes, handholes and junction boxes together with their necessary fixtures and appurtenances for the transmission and distribution of electricity and for all other purposes connected therewith, and also for pipeline(s) for the transmission and distribution of gas, together with all necessary and proper fixtures and equipment for use in connection therewith, at such locations and elevations, as may now or hereafter deem convenient and necessary at any time and from time to time, together with the right to ingress and egress therefrom by a practical route or routes in favor of San Diego Gas and Electric Company, recorded July 29, 1975 as File No. 75-197553 of Official Records. Affects as described in said instrument. Reference is hereby made to said Document for further particulars. 18. An agreement dated April 24, 1978, by and between IRWIN J. KELLY AND DOROTHY KELLY, TITLE INSURANCE AND TRUST COMPANY (San Diego Branch) as Trustee for Irwin Kelly under Trust Number 4P-5493-00-3 and CARLSBAD UNION CHURCH, disclosed by an instrument recorded May 9, 1978 as File No. 78-187851 of Official Records. Reference is hereby made to said Document for further particulars. 19. The requirement that this company be provided with evidence that the herein described property is a separate and distinct parcel of land in accordance with current existing County of San Diego lot split ordinances. 20. Rights of parties in possession of said land by reason of unrecorded leases. Please submit any such leases to this company for our examination. NOTE: General and special County and City taxes, including personal property taxes: Fiscal Year: 1983-84 Amounts for pro-ration purposes are: Total: $46.00 First Installment: $23.00 PAID Second Installment: $23.00 PAID Code area 09013 Parcel No.: 09013 Land Valuation: $4,043.00 Improvements: $NONE Personal Property: $NONE Exemption: $NONE NOTE: General and special County and City taxes, including personal property taxes: Fiscal Year: 1983-84 Amounts for pro-ration purposes are: Total: $5,825.72 First Installment: $2,912.86 PAID Second Installment: $2,912.86 PAID Code area 62006 Parcel No.: 212-050-29 Land Valuation: $458,291.00 Improvements: $63,845.00 Personal Property: $NONE Exemption: $7,000.00 NOTE: General and special County and City taxes, including personal property taxes: Fiscal Year: 1983-84 Amounts for pro-ration purposes are: Total: $1,968.28 First Installment: $984.14 PAID Second Installment: $984.14 PAID Code area 62006 Parcel No.: 212-050-30 Land Valuation: $174,044.00 Improvements: $NONE Personal Property: $NONE Exemption: $NONE