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HomeMy WebLinkAboutMS 810; Lusk Carlsbad Property; Minor Subdivision (MS)SUBDIVISION LOG 4 STAFF ENGINEER: ^-X^/-?? SUBOIVISION NO. t /^S^/O SUBDIVISION NAME t ^X^^.sXly OWNER/DEVELOPERt 'X^- X^i(<^ ADDRESSt X^/t^tSf-Xih^Z^yu^ . -^^y/X^ JZO^ .PHONE xX^e) '¥^2.-/?.<r^/ ENGINEER OF NORK « ^as^^ ^S&yryj/Lr— FIRM; X^ciAy .^^^/^C'^/^g ADDRESS I ^. 3^-^ ^ TReScX _PHONE X£>/<^J 74^-"^ft5n TENTATIVE MAP APPROVAL! 1ST EXTENSION! 2Np EXTENSION] / IMPROVEMENT PLAN NO. <. "AS BUILTS" APPROVED! GRADING PLAN NO./i GRADING PERMIT ^O.i EROSION CONTROL PLANt BONDS AND AGREEMENTS AGREEMENT TITLE EXPIRATION OATE FAITHFUL PERFORMANCE BOND AMT. LABOR h MATERIALS BOND AMT, MONUMEN- TATION BONO AMT. SECURITY TYPE (CASH, SURETY. LOC) COMMENTS SURETY COMPANYi_ ADDRESSJ CONTACTS PHONES EASEMENTS USE LOCATION RECORD NO. REPORTS TYPE OF REPORT STATUS (IN, N/A) CHECKED BY Title Report /A/ bubdivislon Guarantee Traverse Calcs Hydraulic Calcs Hydrology Calcs Sewer Calcs c..-»«^ r«lr« Soils Report WATER DISTRICTi SCHOOL DISTRICTS Xl^/^rJ>=^ DRAINAGE AREAi "l^D PLANNING ACriONt^ COMMENTSs DISTRICTS (^r/s^// SEWER PLANNING AREA: SPECIAL ZONESi(ASSESSMENT. THOROUGHFARE, BRIDGE CITY OF CARLSBAO ENfilNEEItlllG OEPARTHERT PPPS AlB QgPOSITS MOirSHPFT . PROJECT ..A.i«t //^^^O' X.lXS}ty DATE; 7X^/XB^ TENTATIVE PARCEL HAP FEE ... .^^^/P^.-Tf^T^ ftt-'f . <, MAP FEE ( LOTSXPARCEL MAP/FINAL MAP NO. OF LOTS ). . . (EXPEDITED/NOT EXPEDITED) ~ "7 T x^X>. PARCEL MAP EXTENSION FEE IMPROVEMENT PLAN CHECK FEE: DEPOSIT WITH SUBMITTAL IMPNOygMIMT t>6SCBIPTIQN TOTAL: IMPROVEMENT INSPECTION FEE: ITEM PERCENTAGE -^=X- TOTAL: X • PERCENTAGE PARK-IN-LIEU FEE (CIRCLE ONE): DWELLING TYPE: SF OR DUPLEX _JIP^<'4 UNITS) MF (> I* UNITS) MH AREA: 1 2 3 ^ NUMBER OF UNITS: X » AREA FEE/UNIT STREET LIGHT ENERGIZING: 5*800 LUMEN AT 81 .M. 9,500 LUMEN AT l^l'TOS » 16,000 LUMEN ^-At""^ 152.10 • 20,000 LUMEN AT 169.38 » ^ —<r~7~ TOT/' • GRADING PLAN CHECK FEE DEPOSIT^ ----^ RECEIPT NO. (EXPEDITED/NOT EXPEDITED) GRADING PLAN CHECK FEE ( CUBIC YARDS) GRADING CASH DEPOSIT . DUPLICATE TRACING FEE ...rX^. STREET SIGN DEPOSIT: ^ AT • AT AT • TOTAL: ' ; STREET STRIPING DEPOSIT - FRONT LINE OR AREA FEES (TYPE ) DRAINAGE AREA FEE (AREA NO. -t^ ) '-,'^=^ TOTAL ACRES: X " AREA FEE - vta-S VALUE^ OP" KA3TER DRAINAGE IMPROy^MENTS AS NOTED Iri hA^ibR DRAINAGE PLAN'^CUMENTS MULTIPLIED BY CURRENT mF^^lfflON FACTOR. LINE vAujL^x--"£A£m " mm\ X • X • X • TOTAL: DRAINAGE FEE DUE: . . —CXXX ADDITIONAL FEES: /7 yy ^ /> W /' TYPE: (X^^y/77h/T^/C^T^t^T^T.^/: C^'?y^y^^^ - TYPE: Ql./o-/^ '^:z:z^y'yoX') . , ! , , .-r=f=: . . >^^^^^/ foTAL^ES AND DEPOSITS: . . . (IN ADDITION, A GRADING PERMIT FEE OF IS DUE UPON ISSUANCE OF THE GRADING PERMIT.) 1200 ELM CITY OF CARLSBAD NUE CARLSBAD, CALIFO 438-5621 A 92008 REC'D FROM. c DATE ^ - ACCOUNT NO. DESCRIPTION —7^08 mmm, 7508 06/09/8 000101—m i )\s ,s?//: CCl- X'/xxC aofg/2 I'l6 \00 pf r (Xq )if ii-A nf cfj-^/nou-ocxKn ! j RECEIPT NO. ?^1677 TOTAL John D. Lusk & Sc .NO finMH nfCOnOtO MAIL TO John D. Lusk & Son • 17550 Gillette Avenue Irvine, California C l, I J ncMnpT r..'i:''Q'i/g;r (JP Title rl^lPinrc ;inr( Tnist Comp:i or* I;, ijftOS SAHOIEfJOCOUNTY.CALIF. HARLEYF.PLOOM RECORDER ASXQ. r WA'l «1 tT»Ttw|NIt 10 C :> t Jotin D. Lusk & Son 17550 Gillette Avenue I.-vine, Califcrnia iPACE ABOVE THIS UNE FOR RECORDER S USE 0 - o "3 ;Ll^•- /-i Corporation Grant Deed THI« rORM rURNHHtO TlTLt IN»UR»NCE ANO TRU»T COlHfANY FOR A V.ALUABLE CONSIDLRATION, receipt of which is hereby ncknowlediied. OCCIDENTAL PETROLEUM LAND AND DEVELOPMENT CORPORATION 1 corporation organized under the laws of the slate of hereby GRANTS lo JOHN D. LUSK & SON, a California Corpora\.ion the followini! described real property in the City of Carlsbad County of SanDiego . State of California; See Exhibit "A" attached hereto and incorporated herein by refer-ence for' legal description. uu;.u:.::!.'i/„-!( rr:-v r-r--- :AX J.. n Uni:icofpcia;ou A'ca [J ,ity rl !r '-.C'VCYEO. 01? •• '•'.Lt. — him Name TRANSFER TAX PAID HARllY f. BIOOM, RECOdOm ill W illic-- \\ IHTI'"! . -ill ' 111 illii.II IKI- 1 nu-i-il il- 1 HI iiuuilr iKiiiii' anil -IMI In br alliM'il lirri'tii iiiid lhi« instru- „„.„! |,, I X ,1 In it- yice_. ... I'li-iilnil ami . ASStStant ^—,Sfiir«orv lliiii-iliil' ililK aillll"li/iil. Ii.iiril: December 29. 1P72 -•WW III I \i II iiilM \ i IUl MV Ol Orange / i,„ December 29, 1972 i„i,.,, „i, iii, mni'i -I'jM.'l I Ni.l.iM I'ltlilii il) .mil ("I -n-l "-I-ll' 1-I'lt.ilh .i|i|i' mil R. C. Hadley , ;,„.„„ |.. riM- In I,.- 111.' Vice I',l-l.I. Ml I Gary R. Mosh kill'** II ,t. IIX' f" ll*" Assistant s.it.-liHV 'll llir ( 1.1 t>i.i <il .nil lli'il I \.-I Mil.I ill.' V.11I1111 I'l-h lllll. Ill Wi'>i.n III 111. I'. Ill- ill* |M I ...ll- v.\ i. .-\. .iil.>l ill.- i.illi.ii jli-lt iiii'i 111 -11 lull-ill 111 llli- I .11 |..il .(I lull lllf'li'il) ll.lllii'il. .'.nil .. I, ,i..i.l. .If. .1 I'- ll- lllll •mil I ..l|iiil; Hull .\.illl.-il lln- uilliiii lii-liu 11. M imi-ii iiil (• i;- \>\ i»iw- "I 11 II-'.I.III.Ill ..I il- I'"..1.1 "I .liiriliif". VI I I M — iMv Il lllll j/Tl .ill., nl .. JI- - ^ Occi_dental Petroleum Larrfi)eihd_ ?eveiQ^i^pTLQ.ftr-t2arAti 00/ / /^M^" Serri-tunj;'"'. •: *<.uiif ' I > \\v\\ (M 1*1 intf'l * OrnClAL Sf AL I SHERRY L KOSS NOIAIK l-uaLlC '-'AllfiJIlNIA I *<^1P7 PHiN' ii'Ai nrricf. IN | oiiANGi county • My Commlnlon Ef e» August 30. 1976 | X 5:1 I tl2 I m. \t\ w KfMi 2? 05 \ (M ^ t: i>;-\ 'X , • V.'- i ' r'\ i Parcel 1: Those porttons of lots 2, 3, the N 1/3 of lot 4 and the E 1/2 nf tht! NE 1/4 of Section 29, Township 12 South, Range 4 West S.B.M,, in the City of Carlsbad, County of San Diego, State of California, lying southwesterly of the southwesterly Une of the 200 foot right of way of the A.T. & S.F. Railroad ano northeasterly of the northeasterly line of the Coast Highway as it now exists, Parcel 2: Those portions of the E 1./2 of Section 29 and the W 1/2 of Section 28, Township 12 South, Range 4 W-st. S.B.M,, tn the Ctty of Carlsbad, County of San Dtego, State of California, described as follows: • Beginning at the northwest corner of the E 1/2 of the NE 1/4 of saici ' Section 29; thence along the northerly Une of said E 1/2 of the NE 1/4, N89''58'20"E 294,68 feet to the beginning of a tangent curve, concave south- | westerly having a radius of 600.00 feet; thence southeasterly along said • curve, through a central angle of 63''10'41" an arc distance of 661 .60 feet; ^ thence tangent to said curve S26'^50'59"E 389.48 feet to the beginning of a tangent curve concave westerly having a radius of 1700.00 feet; thence southerly along said last mentioned curve, through a central angfe of 9'^7'29" . an arc distance of 285.57 feet; thence tangent to said last mentioned curve ; S17*13'30"E 1187.36 feet to the beginning of a tanget curve concave westerly having a radius of 1250.00 feet; thence southerly along said last mentioned curve, through a central angle of 23*30'00" an arc distance of 512.69 feet to the beginning of a reverse curve (;oncave easterly having a radius of 500,00 feet; thence southerly along said last mentioned curve, through a central angle* of 20'00'00" an arc distance of 174.53 feet; thence radial to said last mentioned! curve, S76*16'30"W 710.09 feet to the easterly line of the 200 foot right of | way of the A.T, & S,F, Railroad; thence along said last mentioned easterly line, N21*08'15" W 2313.75 feet to the west Une of said E 1/2 of the NE 1/4; thence along said last menttoned west Une, NO'02'20" W 765.33 feet to the point of beginning. ^•••1 m mi cn •oo QO 4 STATEMENT OF MREENENT TElfTATIVE PARCEL NAP CITY OF CARLSBAO The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Engineering Department processing. This time limit can only be extended by the mutual concurrence of the Applicant and the City. By accepting applications for Tentative Parcel 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 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 of the Tentative Parcel 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 City Engineer action and fully concurs with any extensions of time up to one (1) year from the date the application was accepted as complete to properly review all of the applications. SIGNATURE DATE Marvin Steadman NAME (PLEASE PRINT) RELATIONSHIP TO APPLICANT (PROPERTY OWNER/AGENT) Citv of Carlsbad ngineering Department August 30, 1989 DATE NOTICE OF APPROVAL OF TENTATIVE PARCEL MAP MINOR SUBDIVISION NO. 810 Notice is hereby given that a Tentative Parcel Map has been approved on property generally located on the east side of Carlsbad Boulevard north and south of Poinsettia and more particularly described as Assessor Parcel Number 214-150-17 & 18. The project involved is described as subdividing one lot into two lots. APPLICANT: Rick Engineering Co. (Lusk Company) STATEMENT OF THE MATTER: Per City of Carlsbad Code Section 20.24.140(b) and the Califomia Subdivision Map Act Section 6645.5(d) any interested person adversely affected by this decision of the City Engineer may appeal it to the City Council. An appeal to the City Council must be filed at the City Clerks Office and an appeal fee of $275.00 paid. The appeal must be filed with the City Clerk in writing within 10 days of the date of the final approval letter (Attached). If you wish to file an appeal please contact the City Clerks office in person. If you have any questions regarding this matter please do not hesitate to contact our office. ROBERT J. WOJICK Principal Civil Engineer RJW:rp Attachments 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 Citv of Carlsbad Engineering Department August 28, 1989 The Lusk Company 5897 Oberlin Dr., Suite 204 San Diego, CA 92121 PROPOSED MINOR SUBDIVISION NO. 810 Whereas a review of the conditions of the letter of prehminaiy approval was requested by the appropriate date; and whereas the requirement of the Califomia Envirorunental Quality Act and the City of Carlsbad Envirorunental Protection Ordinance of 1973 relating to the subject proposed parcel map have been examined by the Plarming Director and declared to have a non-significant impact upon the environment; and whereas negative findings delineated by Section 20.24.130 of the Carlsbad Mimicipal Code have not been made; and whereas this minor subdivision is found to be in conformity with the General Plan of the City of Carlsbad; therefore, a final decision has been made to approve the subject tentative parcel map subject to the conditions set forth in the preliminary approval letter witii the following exceptions: Change Condition 6 to: "The Developer shall submit a copy of a vaUd Coastal Development Permit that is in substantial conformance with this action, for the review and approval of the Planning Director. This shall be a condition of the Conditional Certificate of Comphance. A letter from the Coastal Commission stating that a Coastal Permit is not required by this action shall fulfill this condition." Change Condition 7 to: "Prior to the issuance of any further development permit, (as defined in Section 21.90.020 of the Carlsbad Municipal Code), the developer shall comply with one of the options available (as determined by the City of Carlsbad) for agricultural conversion mitigation for the City's Mellow II Local Coastal Program, as a condi- tion of the Conditional Certificate of Compliance." ROBERT J. WOJCIK Principal Civil Engineer RJW:JM:TP c: Bob Ladwig 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 Citv of Carlsbad i.[.ii.ujji.i.i.i-j.um..iJ.iM July 27, 1989 DATE The Lusk Company 5897 Oberlin Drive, Suite 204 San Diego, CA 92121 PROPOSED MINOR SUBDIVISION NO. 810 A preliminary decision has been made, pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code, to approve the tentative map of the proposed minor subdivision subject to the following conditions: L The tentative parcel map approval shall expire two (2) years from the date of the letter containing the final decision for tentative map approval. 2. The applicant may request a review of the conditions in writing within ten (10) days of the date of this approval. 3. All lots within this project shall conform to current Zoning Ordinance (Title 21) with respect to size, setbacks, and land use. 4. This project is also approved under the express condition that the applicant pay the additional public facilities fee adopted by the City Council on April 22, 1986, and any development fees established by the City Council pursuant to Ordinance No. 9791 or subsequent ordinance adopted to implement a growth or development management system or public facilities phasing plan to fulfill the subdivider's agreement to pay the public facilities fee dated June 9, 1989, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project shall be void. 5. This minor subdivision is eligible for a parcel map waiver. In lieu of a parcel map, Conditional Certificates of Compliance shall be recorded. 6. The developer shall submit for approval of the California State Coastal Commission as a condition of the Conditional Certificates of Compliance. 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619)438-1161 Minor Subdivision 810 PAGE: 2 7. The developer shall submit proof of payment of required agricultural conversion mitigation fees per the City's Mellow II Local Coastal Program as a condition of the conditional Certification of Compliance. 8. No further development of the site will occur until all requirements of Growth Manage- ment Plan for Zone 22 have been complied with. 9. Prior to development of the site the owner must install all required public improvements including streets, water, sewer and drainage to the satisfaction of the City Engineer. 10. All required fees shall be paid prior to recordation of the Conditional Certificates of Compliance. ROBERT J. WOJCIK Principal Civil Engineer RJW:JM:rp c: Kurt Danielson FEES AND DEPOSITS MS 810 1. Conditional Certificate of Compliance (2 lots @ $225.00/lot) $450.00 / " CITY OF CARLSBAD W C X \) X ' ENGINEERING DEPARTMENT ^ Inter-Office Correspondence ^^*^^Vyf^^ "0: Parks Dept. _______ CRMWD Date: /^v;^ Planning Dept. ,/ LCWD Util.Maint. Dept. Olivenhain WD Fire Dept. SMCWD iUBJECT: Request for comments relative to Minor Subdivision No. <f^/D Applicant: /^i tl<L B/U6lA^^^f ^^ ^/77X>Xl/rX^ X^p, Enclosed is a copy of the Tentative Parcel Map of the subject Minor Subdivision with ittachments for your information as follows: SJl>Xx>it€. g'-vi-g- /o '>^Xo ~huJo ^ //^ ^g-^t:^Sgg>^^^e>^ ^lease review this proposed development and submit your comments to the City Engineer, \ttnj..—/Cois ^H-ic i^'^j X \< . Failure to respond to this request ^ will be interpreted to mean that the proposal has your endorsement nd no fees, deposits, or specific conditions will be required. or your cooperation. City Engineer ^ \ REPLY Sukd^^^uucr^ XyZfujyutXS (X^j-u^e^iiyi^.Jd(XXX>t•''?^^c^ y^^^^'^iZfei-, Date: Sianature; CITY OF CARLSBAD ^ J ENGINEERING DEPARTMENT Inter-Office Correspondence •Q: Parks Dept. , CRMWD Date: /x^X^ Planning Dept. LCWD Util.Maint. Dept. Olivenhain WD Fire Dept. SMCWD jUBJECT: Request for comments relative to Minor Subdivision No. (f^/D Applicant: tl<L E K}6 lAJ^^I ^ i:, / J7/> Xj/^'X::' X'o. Enclosed is a copy of the Tentative Parcel Map of the subject Minor Subdivision with ittachments for your information as follows: lease review this proposed development and submit your comments to the City Engineer, ^ttn: /^oh^^'t' i/^ojX\< ^ . Faiiure to respond to this request 3y will be interpreted to mean that the proposal has your endorsement as suDmitted and no fees, deposits, or specific conditions will be required. Thank you for your cooperation. City Engineer ^y- x%^ ^y^H^tu^ REPLY; /ft JUNMS S\ V? UTIUTIES* MAINTENANCE Date Sianature Citv of Carlsbad Engineering Department June 23, 1989 DATE NOTICE OF FILING OF TENTATIVE PARCEL MAP MINOR SUBDIVISION NO. 810 Notice is hereby given that a Tentative Parcel Map has been filed on property generally located on the east side of Carlsbad Boulevard north and south of Poinsettia and more particularly described as Assessor Parcel Number 214-150-17 & 18. The project involved is described as subdividing one lot into two lots. APPLICANT: Rick Engineering Co. (Lusk Company) STATEMENT OF THE MATTER: This project is a minor subdivision (four units or less), which by subdivision ordinance, does not require a public hearing. A minor subdivision is processed by the City staff and must comply with all applicable codes, regulations, and zoning. Each property owner may request, in writing, the opportunity to be heard on the Tentative Parcel Map. Such written request must be filed with the City Engineer within fifteen (15) days of this notice. Failure to so file shall be deemed a waiver of your rights with regard to this matter. Your comments and suggestions are appreciated. If you have any questions or comments, please do not hesitate to contact Jim Murray of our office at 438-1161. ROBERT J. WOJCIK Principal Civil Engineer RJW:HE:rp Attachment 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 cm OF OVRISBAD 2075 IAS PADAS CR. CARI2BM), CA 92009 FEE $400.00 ENGINEERINS CEPARDlENr TEinMlVE PARCEL MAP (4 CR USS PARCELS CR OONDCMINIUM UNITS) HcoE: IBB xmzam is SBODHSD TO PGR GCASEAL OdKISSICN KPOCNXL JF UXJOB) III HIE OCASEKL 2CME FCR OFFICE USE OtlLa M.S. NO. RECEIPr ND. OATE DXATION OF FBQJECT: East 44^ (NCRIH, SOOTH, EAST, WEST) SIDE OF p;=.-rlshad Boulevard (NAME OF SIREET) EEIWEEW North (NAME OF STREET) • JBIIID South of Poinsettia (NAME OF STREET) LEXaAL IXSCRIFriCN: (CCHFIETE) SPP AttricliFid NO. OF EXISTING WIS TOTAL ACREAGE 35.4± NO. OF PROPOSED lOTS ASSESSORS PARCEL NO. 214-150-17, 18 FPDJECr ADDRESS (IF AVAIIABLE) TYPE OF SUBDIVISICN (CIRCEE OtfE) INDUSTRIAL, OCfflERCIAL, RESICeTTIAL NAME OF I^S^SCM WHO H^ARED MAP Rick Engineering RBGISTRAinCN NO. (IF APPLICABI£) 28448 ZONE NO. 22 ADCRESS OF MAP HEARER ^ „. •^fi5 S. Rancho Santa Fe Road, Ste 100,S.M. 92069 FHCNE NUMBER 744-4800 NAME (PRINT OF THC) .7,n. T.usk company NAME (PRINT CR TIPE) Rick Engineering Company MAIUNS ACCRESS gS97 Oberlin Drive, Suite 204 MAILING ADCRESS 365 S. Rancho Santa Fe Road CITY AND STAIE ZIP TEIEPfKWE San niP.ao. CAI 92069 #452-8551 • CITY AND STATE ZIP TEIEEHOJE San Marcos, Ca. 92069 #744-4800 I CERTIFY THAT I AM IHE lEGAL OWNER AND THAT AIL THE ABOVE INFCSMATIGN IS ITOE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERI'IIY IHAT I AM THE CWNER'S REPRESENEAnVE AND THAT ALL THE ABOVE J3f^KI£Wa!lOtl IS TOJE AND OF MY KNOWIEDGE. TENTATIVE PARCEL MAP SUBMITTAL CHECKLIST For Citv Use DATE PROJECT SUBMITTAL IS COMPLETE COMMENTS: PROJECT ID. CHECKED BY YES NO lowing items must be in the initial submittal: Eight copies of the tentative parcel map 24" X 36" folded in a size L3 6. not to exceed 8V x 11" current within the Two copies of preliminary title report months. Public facilities letter - letter from the appropriate sewer (if outside City sewer district) district certifying that satisfactory facilities exist or arrangements have been made to the satisfaction of the district to provide said facilities. 300 foot radius map - An Z\" x 11" map showing each lot within 300 feet of the exterior boundary of the property to be subdivided. Each included lot shall be consecutively numbered to correspond with the property owner's list. Area to be subdivided shall be shaded and show new proposed lot lines. Propertv Owners' List and Addressed Labels A typewritten list of the names and addresses of all property owners and occupants within a 300 foot radius of subject property (including the application and/or owner). The list shall include the San Diego County Assessor's parcel number from the .latest assessment rolls. Two (2) separate sets of mailing labels of the property owners and occupants within a 300 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 LABELS. Applicant must submit a separate check to cover cost of postage due for two (2) separate mailings. Public Facilities Agreement - Completed, signed and properly notarized (individual, partnership, or corporate notary with a legal description attached). Two (2) copies needed: One (1) original and one (1) photocopy. Completed "Local Facility Impact Assessment Form." Two'copies of preliminary soils/geologic report for requiring a grading permit. ^AX^,..^tX*L^ Tentative Parcel Map Fee - $400.00 Completed application form. Environmental Impact Assessment Form and fee - $175 Grading plan including approximate earthwork volumes or statement on map that no grading permit is required. Time Extension Agreement - signed (If concurrent processing of other ^scretionary actions)^ all projects .00 or statement LJ^ 13. -X/ t.nmplQtpd "Inral Farility TmparT:Asgeg^9nt Fornv? -^h®^- Carlsbad Municipal Water District 5950 El Cannino Real, Carlsbad, CA 92008 Engineering: (619) 438-3367 Administration: (619) 438-2722 Fax: (619) 431-1601 June 26, 1989 To: City of Carlsbad Engineering Department 2075 Las Palmas Drive Carlsbad, CA 92009 Attn: Bob Wojcik Subj: Minor Subdivision, Map No(^8Lggg^usk) , East Side Carlsbad at Poinsettia Lane - CMWD Project No. 83-210 The subject project has been reviewed by the District's Engineering Department to determine the extent of water system improvements required in regards to the existing and proposed water system to serve proposed project. We have the following specific recommendations: 1. The entire water system for subject project must be evaluated in detail to insure that adquate capacity for domestic, landscaping and fire flow demands are met. 2. The Developer's Engineer shall schedule a meeting with the District Engineer and the City Fire Marshal and review the preliminary water system layout prior to preparation of the water system improvement plans. 3. The Developer will be responsible for all fees and deposits, plus the major facility charge which will be collected at time of issuance of building permit. 4. The Developer shall be required to construct a 12" water line in Poinsettia Lane. 5. Presently the project has an existing 10" ACP water main located along the westerly boundary. "Serving Carlsbad for over 35 years" We ask that you include the above recommendations as a condition of approval. Please contact the undersigned if you have any questions. Very truly ;^ours F. JerJ?y Whitley Engineering Manager FJW:jcm cc: Mike Smith, Fire Marshal Rick Engineering, San Marcos, CA Citv of Carlsbad Engineering Department August 8, 1989 Mr. Bob Ladwig Rick Engineering Company 3088 Pio Pico Drive, Suite 202 Carlsbad, CA 92008-1965 PROPOSED MINOR SUBDIVISION NO. 810 (LUSK) - REQUEST FOR REVIEW OF PRELIMINARY DECISION CONDITIONS. Dear Bob, This letter is in response to your letter dated July 28, 1989, in which you requested deleting Conditions 6 and 7 and suggested a possible replacement condition. I have reviewed your requests with Gary Wayne of the Planning Department and here are the changes we propose: Change Condition 6 to: "The Developer shall submit a copy of a valid Coastal Development Permit that is in substantial conformance with this action, for the review and approval of the Planning Director. This shall be a condition of the Conditional Certificate of Compliance." Change Condition 7 to: "Prior to the issuance of any further development permit, (as defined in Section 21.90.020 of the Carlsbad Municipal Code), the developer shaU comply with one of the options available (as determined by the City of Carlsbad) for agricultural conversion mitigation for the City's Mellow II Local Coastal Program, as a condi- tion of the Conditional Certificate of Compliance." If you have any questions, please give me or Gary Wayne a call. Sincerely, Cl- MURRAY ^"-^ Associate Civil Engineer JM:rp 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 3088 Pio^BDrivc Suite 202 Carlsbad CA 92008-196 S (619) 729-4987 FAX:(619)729-10W RiCK ENGII#E:mNG COMPANY July 28, 1989 Mr. Bob Wojcik Principal Civil Engineer CITY OF CARLSBAD 2075 Las Palmas Drive Carlsbad, California 92009 SUBJECT: PROPOSED MINOR SUBDIVISION NO. 810 RICK ENGINEERING JOB NO, 7561-1 Dear Bob: Thank you for faxing the preliminary decision on Minor Subdivision No. 810 to me yesterday. I especially appreciate getting it quickly from you and not having to wait 3-4 days for the mail. In reviewing the conditions and per our discussion today, I would like to offer the following suggestions: I would suggest that Conditions 6 and 7 be deleted and replaced with the following language: "Prior to development, the developer shall comply with one of the three options available for agricultural conversion mitigation for the City's Mello II Local Coastal Program." This pretty much follows the thinking in draft Condition 7. The reason I have asked for Condition 6 to be deleted, would be as follows. It is clear that the Coastal permit is required for a parcel map. We did file a tentative parcel map on this project, but we have asked for, and it appears you would agree, that the final can be waived and we will file a Conditional Certificate of Compliance. It appears that we would not have to submit the Conditional Certificate of Compliance to the Coastal Commission for their approval. We would agree, though, that prior to any further development, we would have to submit to the Commission for their approval. This is further backed up when you read Section 66499.35 of the Subdivision Map Act. It states under paragraph (b), the last sentence, that "fulfillment of any condition shall be required prior to subsequent issue of a permit or other grant of approval for development of the property." In addition, a Certificate of Compliance is clearly not a subdivision, which would by definition not require a Coastal permit. We hope you agree with this in deleting Condition 6. Mr. Bob Wojcik RE: PROPOSED MINOR SUBDIVISION NO. 810 July 28, 1989 Page Two Again, thank you for your cooperation. If you have any questions, please give me a call. Sincerely, Robert C. Ladwig RCL:kd.001 cc: THE LUSK COMPANY Attention: Mr. Don Steffensen Mr. Marv Steadman RICK ENGINEERING COMPANY Attention: Mr. Ed Domingue Dale L. Schreiber Ponto Storage, Inc. 7290 Ponto Dr. Carlsbad, Calif. 92009 July 6, 1989 City Of Carlsbad Engineering Dept. 2075 Las Palmas Dr. Carlsbad, Calif. 92009-^859 Attnj L. Hobbs, Chief Engineer Robert J. Wojcik James Murray SUBJECT: Minor Subdivision No. 810 ( Lusk Company) Rick Engineering Parcel Number 214-150-1? & 18 Dear Sirs: In regards to your letter dated June 23, I989 and our telephone conversation with Hobbs and Murray concerning Zone 22 development and current flood control storm drain deficiencies, it is our position that no more water be sent south through our properties. Since the water normally went through these parcels and to Encinas Creek rather than coming south, we are concerned that the large flood drain pipe be in place as shown on the Master Storm Drain Plan which bypasses our property and is located in the railroad easement property, prior to any development on these parcels. We can no longer take any more water which heretofore flowed away from our property as we are at a flood control crisis at this time. During last years rains, which were light compared to past years, we were nearly flooded on several occasions. If you have any questions or oomments, please do not hesitate to contact laOat ^38-21^0. Dale Schreiber Ponto Storage, Inc. JJL 11 1989 C!TY OF C^4fiLSeAD 365 S. I^Biu SuTita Fc Rd. San Marcos California 92069-2338 (619)744-4800 FAX: (619) 744-0893 {ME RICK ENGIMERING COMPANY June 2, 1989 Mr. Robert Wojcik CITY OF CARLSBAD Engineering Department 2075 Las Palmas Drive Carlsbad, California 92009 SUBJECT: Dear Bob: LUSK TENTATIVE PARCEL MAP (RICK ENGINEERING JOB NUMBER 7561-1) />)$t/o Enclosed for your processing is a tentative parcel map application package for the westerly parcels of The Lusk Carlsbad property. As you may be aware, we are filing this tentative parcel map and then will file the previously processed certificate of compliance after approval of this tentative parcel map. Final parcel map requirements have been waived by the City of Carlsbad after review of Rick Engineering's (Bob Ladwig) letter to the City Engineer, dated November 3, 1988. Mario Ingrasci of your Engineering Department was also involved in the City's decision and can answer any questions you may have regarding the waiver of final parcel map. If I can be of any assistance in the processing of this tentative parcel map, please call me. Thank you for your rapid attention to this matter. Sincerely, Edward N. Domingue END:ndi Enclosures cc: Mr. Mario Ingrasci CITY OF CARLSBAD Mr. Marv Steadman THE LUSK COMPANY Mr. Bob Ladwig m TICOR TITLg INSURANCE ^ TICOR TITLE INSURANCE COMPANY 925 "B" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081 PRELIMINARY REPORT JANUARY 23, 1989 THE LUSK COMPANY ATTN: MARV STEADMAN 17550 GILLETTE AVENUE P.O. BOX C-19560 IRVINE, CA. 92713 YOUR REFERENCE: LT LINE ADJUST. R/R TR. OCNSDE OUR ORDER NO. : 1172756 AMENDED IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 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 ON THE ATTACHED COVER. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AT 7:30 A.M. AS OF DECEMBER 16, 1988 TITLE OFFICER: ROY PROVENCE TEL 619 544-6236 TOM VOTEL TEL 619 544-6234 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS; ( ) ALTA RESIDENTIAL TITLE INSURANCE POLICY - (6-1-87) ( ) ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE ( ) CLTA STANDARD COVERAGE POLICY - 1988 ( ) ALTA OWNER'S POLICY (10-21-87) AMENDED 1172756 PAGE 1 •7661 X /^jyX'O ^ TICOR TITLE INSURANCE— THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE THE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: THE LUSK COMPANY, A CALIFORNIA CORPORATION 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 COUNTY AND CITY TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR : 1988-89 INCLUDING PERSONAL PROPERTY TAX, IF FIRST INSTALLMENT : DELINQUENT SECOND INSTALLMENT : NOW PAYABLE ANY, AND WILL BE DUE 020189 THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE TAXATION CODE OF THE STATE OF CALIFORNIA. 2. AN EASEMENT. AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, STATED HEREIN, IN FAVOR OF : FOR : RECORDED : AFFECTS : AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES SAN DIEGO GAS & ELECTRIC COMPANY POLES, WIRES AND ANCHORS FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY JANUARY 17, 1917 IN BOOK 723, PAGE 481 OF DEEDS A STRIP OF LAND 2 FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 4, DISTANT 5 FEET EAST FROM THE EAST LINE OF THE STATE HIGHWAY; THENCE NORTH 5 FEET EAST AND PARALLEL WITH THE EAST LINE OF SAID STATE HIGHWAY TO A POINT ON THE NORTH LINE OF SAID LOT 2, DISTANT 5 FEET EAST FROM THE EAST LINE OF SAID HIGHWAY; THENCE EAST 5 FEET SOUTH AND PARALLEL WITH THE NORTH LINE OF SAID LOT 2, 125 FEET. 3. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, STATED HEREIN, IN FAVOR OF : FOR : RECORDED : AFFECTS : AMENDED 1172756 AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES SAN DIEGO GAS & ELECTRIC COMPANY POLES, WIRES AND ANCHORS, FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY JUNE 24, 1918 IN BOOK 760, PAGE 144 OF DEEDS A STRIP OF LAND 2 FEET IN WIDTH, BEING IN LOT 3, SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: PAGE TICOR TITie INSURANCE BEGINNING AT A POINT WHICH BEARS NORTH O'^OB' EAST 5 FEET; THENCE SOUTH 89'58' WEST 337.85 FEET FROM THE SOUTHEAST CORNER OF LOT 3, SAID SECTION 29, SAID POINT BEING THE WESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE NORTH 89°58' WEST PARALLEL WITH AND 5 FEET NORTHERLY FROM THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 647 FEET TO A POINT 5 FEET EASTERLY FROM THE EASTERLY LINE OF THE STATE HIGHWAY AT STATION 210 PLUS 44.75 OF THE STATE HIGHWAY, DIVISION VII, SAN DIEGO COUNTY, ROUTE 2, SECTION B. 4. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, STATED HEREIN, IN FAVOR OF FOR RECORDED AFFECTS AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY UNDERGROUND COMMUNICATION STRUCTURES OCTOBER 25, 1941, DOCUMENT NO. 66898 IN BOOK 1269, PAGE 3 OF OFFICIAL RECORDS A STRIP OF LAND 15 FEET IN WIDTH, THE CENTER LINE BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST PROPERTY LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, FROM WHICH SAID POINT THE NORTHWEST CORNER OF SAID EAST HALF OF NORTHEASTQUARTER OF SECTION 29 BEARS NORTH 00»02'00" WEST 689.37 FEET; THENCE SOUTH 2ri8'38" EAST 3057.10 FEET TO A POINT; THENCE ALONG THE ARC OF A CIRCLE CONCAVE TO THE EAST WHOSE DELTA ANGLE 16*^30' AND LENGTH IS 860.58 FEET TO A POINT THENCE SOUTH 04°48'38" EAST 95.40 FEET TO THE POINT OF TERMINATION, AND FROM WHICH SAID POINT THE SOUTHEAST CORNER OF SAID NORTH ONE-THIRD OF LOT 4, SECTION BEARS SOUTH 89°49'50" EAST 64.44 FEET. 5. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHT OF INGRESS OR EGRESS TO OR FROM THE HIGHWAY CONTIGUOUS THERETO, SAID RIGHTS HAVING BEEN CONDEMNED BY FINAL DECREE OF CONDEMNATION. A CERTIFIED COPY OF WHICH WAS RECORDED : APRIL 23, 1952 IN BOOK 4444, PAGE 395 OF OFFICIAL RECORDS CASE NO. : 165983 6. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY UNDERGROUND COMMUNICATION STRUCTURES MARCH 29, 1954, DOCUMENT NO. 40574 IN BOOK 5186, PAGE 560 OF OFFICIAL RECORDS A STRIP OF LAND 10 FEET IN WIDTH, THE WESTERLY LINE OF WHICH IS PARALLEL WITH AND ABUTTING THE EASTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY RIGHT OF WAY. BEGINNING AT A POINT ON THE WESTERLY LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, TO THE POINT OF TERMINATION ON THE SOUTHERLY LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO STATED HEREIN, IN FAVOR OF FOR RECORDED AFFECTS AMENDED 1172756 PAGE TICOR TITLE INSURANCE BASE AND MERIDIAN. 7. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHT OF INGRESS OR EGRESS TO OR FROM THE HIGHWAY CONTIGUOUS THERETO, SAID RIGHT HAVING BEEN RELINQUISHED BY DEED TO : THE STATE OF CALIFORNIA RECORDED : JULY 18, 1963, RECORDER'S FILE NO. 125935 NOTE: SAID DEED RECITES: "LANDS WHICH LIE GENERALLY NORTHWESTERLY AND SOUTHWESTERLY OF SAID PARCEL SHALL ABUT UPON AND HAVE ACCESS AS HEREINAFTER PROVIDED TO A CONNECTING ROAD WHICH WILL BE CONNECTED TO THE MAIN THOUROGHFARE OF THE FREEWAY ONLY AT SUCH POINTS AS MAY BE ESTABLISHED BY PUBLIC AUTHORITY." 8. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES THE CITY OF CARLSBAD STORM DRAIN JUNE 10, 1974, RECORDER'S FILE NO. 74-152824 PARCEL A-1 IN FAVOR OF FOR RECORDED AFFECTS AN EASEMENT FOR STORM DRAIN PURPOSES OVER THAT STRIP OF LAND 12.00 FEET IN WIDTH OVER THAT PORTION OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, THE SIDELINES OF SAID STRIP LYING 6.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE ATCHISON, TOPEKA & SANTA FE RAILROAD RIGHT OF WAY, BEING 200.00 FEET IN WIDTH, AND THE CENTER LINE OF POINSETTIA LANE, BEING 60.00 FEET IN WIDTH, AS DESCRIBED IN THE DIRECTORS' DEED TO THE COUNTY OF SAN DIEGO, FILE NO. 198819, RECORDED DECEMBER 22, 1966, IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY THENCE FROM SAID POINT OF INTERSECTION, ALONG SAID CENTER LINE, NORTH 76°13'30" EAST 377.48 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 18°00'00" WEST 2974.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 45.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 9°50'45", AN ARC LENGTH OF 7.73 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 29, SAID SECTION LINE BEING ALSO THE SOUTHERLY LINE OF LA COSTA DOWNS, UNIT NO. 1, ACCORDING TO MAP THEREOF NO. 2013, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY; A RADIAL LINE TO SAID POINT BEARS NORTH 62°09'15" EAST, SAID POINT BEING ALSO NORTH 89''58'20" EAST 575.53 FEET FROM THE EAST LINE OF SAID ATCHISON, TOPEKA & SANTA FE RAILROAD RIGHT OF WAY. THE SIDELINES OF THE ABOVE-DESCRIBED STRIP SHALL TERMINATE IN THE NORTH LINE OF SAID SECTION 29. ^ PARCEL A-2 AN EASEMENT FOR STORM DRAIN PURPOSES OVER THAT STRIP OF LAND 12.00 FEET IN WIDTH OVER PORTIONS OF SECTIONS 28 AND 29, TOWNSHIP 12 SOUTH RANGE 4 WEST OF THE SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN AMENDED 1172756 PAGE 4 TICOR TITLE INSURANCE \ DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, THE SIDLINES OF SAID STRIP LYING 6.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE; BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE ATCHISON, TOPEKA & SANTA FE RAILROAD RIGHT OF WAY, BEING 200.00 FEET IN WIDTH, AND THE CENTER LINE OF POINSETTIA LANE, BEING 60.00 FEET IN WIDTH, AS DESCRIBED IN THE DIRECTORS'S DEED TO THE COUNTY OF SAN DIEGO, FILE NO. 198819, RECORDED DECEMBER 22, 1966 IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, THENCE FROM SAID POINT OF INTERSECTION, ALONG SAID CENTER LINE, NORTH 76°13'30" EAST 752.49 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 13°43'30" WEST 47.42 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B": THENCE SOUTH 76''16'30" WEST 339.40 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 45.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40°43'30", AN ARC LENGTH OF 31.99 FEET, TO A TANGENT LINE; THENCE ALONG SAID TANGENT LINE NORTH 63°00'00" 14;99 FEET; THENCE SOUTH 27*00'00" WEST 85.44 FEET. ^ PARCEL A-4 AN EASEMENT FOR STORM DRAIN PURPOSES OVER THAT STRIP OF LAND 10.00 FEET IN WIDTH OVER THAT PORTION OF SECTION 29, TOWNSHIP 12 SOUTH , RANGE WEST OF THE SAN BERNARDIDO MERIDIAN IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA , ACCORDING TO OFFICIAL PLAT THEREOF OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, THE SIDELINES OF SAID STRIP LYING 5.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD RIGHT OF WAY, BEING 200.00 FEET IN WIDTH, AND THE CENTER LINE OF POINSETTIA LANE, BEING 60.00 FEET IN WIDTH, AS DESCRIBED IN THE DIRECTOR'S DEED TO THE COUNTY OF SAN DIEGO, FILE NO. 198819, RECORDED DECEMBER 22, 1966, IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE NORTH 21°08'15" WEST 94.95 FEET; THENCE NORTH 80°4r22" EAST 347.59 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 150.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8M1'22", AN ARC LENGTH OF 22.75 FEET, TO A TANGENT LINE; THENCE NORTH 72''00'00" 2.50 FEET TO THE INTERSECTION WITH THE CENTER LINE OF THE ABOVE-DESCRIBED EASEMENT (PARCEL A-1). y PARCEL A-5 AN EASEMENT FOR STORM DRAIN PURPOSES OVER THAT STRIP OF LAND 10.00 FEET IN WIDTH OVER THAT PORTION OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST OF THE SAN BERNARDINO MERIDIAN IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO OFFICIAL PLAT THEREOF OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, THE SIDELINES OF SAID STRIP LYING 5.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE ATCHISON, TOPEKA & SANTA FE RAILROAD RIGHT OF WAY, BEING 200.00 FEET IN WIDTH, AND THE CENTER LINE OF POINSETTIA LANE, BEING 60.00 FEET IN WIDTH, AS DESCRIBED IN THE DIRECTOR'S DEED TO THE COUNTY OF SAN DIEGO, FILE NO. 198819, RECORDED DECEMBER 22, 1969 IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE NORTH AMENDED 1172756 PAGE 5 TICOR TITLE INSURANCE 2r08' 15" WEST 71''2r45" WEST 79.93 FEET 5.00 FEET. TO THE TRUE POINT OF BEGINNING; THENCE SOUTH vg. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION SLOPE PURPOSES AUGUST 21, 1974, RECORDER'S FILE NO. 74-227600 AS FOLLOWS: STATED HEREIN IN FAVOR OF FOR RECORDED AFFECTS BEGINNING AT THE NORTHEASTERLY CORNER OF THE AFOREMENTIONED PARCEL 1; THENCE CONTINUING ALONG THE WESTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY RIGHT-OF-WAY NORTH 2r08'51" WEST 40.00 FEET; THENCE SOUTH 73'02'52" WEST 492.66 FEET TO THE INTERSECTION WITH THE EASTERLY LINE OF THE AFOREMENTIONED STATE HIGHWAY;'THENCE ALONG SAID EASTERLY LINE SOUTH 19*50'19" EAST 12.00 FEET; THENCE NORTH 76*16'30" EAST 495.77 FEET TO THE POINT OF BEGINNING. MO. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR FOR RECORDED AFFECTS OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION SLOPE AUGUST 21, 1974, RECORDER'S FILE NO. 74-227601 AS FOLLOWS: A NON-EXCLUSIVE EASEMENT FOR SLOPE PURPOSES IN, OVER, ACROSS AND THROUGH THE FOLLOWING DESCRIBED REAL PROPERTY TOGETHER WITH THE RIGHTS OF REPAIRING AND MAINTENANCE OF SAID SLOPES. BEGINNING AT THE SOUTHEASTERLY CORNER OF THE AFOREMENTIONED PARCEL 1 AS DESCRIBED IN THE REFERRED TO DOCUMENT, THENCE CONTINUING ALONG THE WESTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY RIGHT OF WAY SOUTH 2r08'5r' EAST 35.00 FEET; THENCE SOUTH 79°06'05" WEST 502.20 FEET TO THE INTERSECTION WITH THE EASTERLY LINE OF THE AFOREMENTIONED STATE HIGHWAY; THENCE ALONG SAID EASTERLY LINE NORTH 19*^50'19" WEST 10.00 FEET; THENCE NORTH 76*16'30" EAST 498.13 FEET TO THE POINT OF BEGINNING. 11. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED BY AND BETWEEN REGARDING RECORDED OCTOBER 12, 1982 JOHN D. LUSK & SON, A CALIFORNIA CORPORATION AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE NOVEMBER 23, 1982, RECORDER'S FILE NO. 82-361932 12. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF FOR RECORDED AFFECTS PARCEL "A" AMENDED 1172756 CITY OF CARLSBAD PUBLIC ROADWAY AND APPURTENANT PURPOSES AND MAY 18, 1984, RECORDER'S FILE NO. 84-186516 AS FOLLOWS: FOR SLOPES PAGE TICOR TITLE INSURANCE THAT PORTION OF LOT 3 OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF POINSETTIA LANE, BEING 60.00 FEET IN WIDTH, AS DESCRIBED IN THE DIRECTOR'S DEED TO THE COUNTY OF SAN DIEGO, FILE NO. 198819, RECORDED DECEMBER 22, 1966, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND THE EASTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AS SHOWN ON CARLSBAD TRACT NO. 71-2, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED AS MAP NO. 7954, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO; THENCE ALONG THE WESTERLY PROLONGATION OF SAID CENTER LINE OF POINSETTIA LANE, SOUTH 76''13'30" WEST, 201.66 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF THE THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE, NORTH 2r08'33" WEST, 80.67 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT NORTHERLY 80.00 FEET MEASURED AT RIGHT ANGLES TO SAID PROLONGATION OF THE CENTER LINE OF POINSETTIA LANE; THENCE PARALLEL TO SAID CENTER LINE, SOUTH 76°13'30" WEST, 494.75 FEET TO THE INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE STATE HIGHWAY AS DESCRIBED IN PARCEL 5A OF FINAL ORDER OF CONDEMNATION IN SUPERIOR COURT OF SAN DIEGO COUNTY, CASE NO. 165983, FILED IN THE OFFICE OF THE COUNTY CLERK OF SAID COUNTY; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE, SOUTH 19''50'30" EAST, 80.45 FEET TO A POINT ON SAID PROLONGATION OF THE CENTER LINE OF POINSETTIA LANE; THENCE ALONG SAID CENTER LINE, NORTH 76''13'30" EAST, 496.59 FEET TO THE "TRUE POINT OF BEGINNING". EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE PUBLIC USE AS DESCRIBED IN PARCEL ONE OF THAT CERTAIN DIRECTOR'S DEED CONVEYED TO THE COUNTY OF SAN DIEGO AND RECORDED ON DECEMBER 22, 1966, RECORDER'S FILE NO. 198819. ALSO EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE PUBLIC USE AS DESCRIBED IN PARCEL ONE OF THAT CERTAIN DEED CONVEYED TO THE CITY OF CARLSBAD AND RECORDED ON AUGUST 21, 1974, RECORDER'S FILE NO. 74-227600. ^ SLOPE EASEMENT #1 THAT PORTION OF LOT 3 OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF POINSETTIA LANE, BEING 60.00 FEET IN WIDTH, AS DESCRIBED IN THE DIRECTOR'S DEED TO THE COUNTY OF SAN DIEGO, FILE NO. 198819, RECORDED DECEMBER 22, 1966, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND THE EASTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, AS SHOWN ON CARLSBAD TRACT NO. 71-2, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED AS MAP NO. 7954, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO; THENCE ALONG THE WESTERLY PROLONGATION OF SAID CENTER LINE OF POINSETTIA LANE, SOUTH 76*13'30" WEST, 201.66 FEET TO A POINT AMENDED 1172756 PAGE 7 TICOR TITL| INSURANCE ON THE WESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE, NORTH 2r08'33" WEST, 80.67 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT NORTHERLY 80.00 FEET MEASURED AT RIGHT ANGLES TO SAID PROLONGATION OF THE CENTER LINE OF POINSETTIA LANE, SAID POINT BEING THE "TRUE POINT OF BEGINNING"; THENCE PARALLEL TO SAID LINE, SOUTH 76°13'30" WEST, 494.75 FEET TO THE INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE STATE HIGHWAY AS DESCRIBED IN PARCEL 5A OF FINAL ORDER OF CONDEMNATION IN SUPERIOR COURT OF SAN DIEGO COUNTY, CASE NO. 165983, FILED IN THE OFFICE OF THE COUNTY CLERK OF SAID COUNTY; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE, NORTH 19°50'30" WEST, 13.07 FEET; THENCE NORTH 76°13'30" EAST, 340.00 FEET; THENCE NORTH 66°57'20" EAST, 153.25 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE, SOUTH 21''08'33" EAST, 38.00 FEET TO THE "TRUE POINT OF BEGINNING". PARCEL "C" THOSE PORTIONS OF THE EAST HALF OF SECTION 29 AND THE WEST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF TH ECENTER LINE OF POINSETTIA LANE, BEING 60.00 FEET IN WIDTH, AS DESCRIBED IN THE DIRECTOR'S DEED TO THE COUNTY OF SAN DIEGO, FILE NO. 198819, RECORDED DECEMBER 22, 1966, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND THE EASTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AS SHOWN ON CARLSBAD TRACT NO. 71-2, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED AS MAP NO. 7954, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE, NORTH 2r08'33" WEST, 80.67 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT NORTHERLY 80.00 FEET MEASURED AT RIGHT ANGLES TO SAID CENTER LINE OF POINSETTIA LANE; THENCE ALONG SAID PARALLEL LINE, NORTH 76**13'30" EAST, 726.44 FEET TO THE INTERSECTION WITH THAT CERTAIN COURSE CITED AS BEING A CURVE HAVING A RADIUS OF 500.00 FEET AND AN ARC DISTANCE OF 174.53 FEET IN PARCEL 2 OF A DEED TO JOHN D. LUSK & SON, A CALIFORNIA CORPORATION, RECORDED JANUARY 9, 1973, RECORDER'S FILE NO. 73-006848; A RADIAL LINE TO SAID POINT BEARS NORTH 85°18'48" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°02'18", AN ARC DISTANCE OF 78.87 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 13''43'30" EAST, 1.46 FEET TO A POINT ON SAID CENTER LINE OF POINSETTIA LANE; THENCE ALONG SAID CENTER LINE, SOUTH 76°13'30" WEST, 710.09 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE PUBLIC USE AS DESCRIBED IN PARCEL ONE OF THAT CERTAIN DIRECTOR'S DEED CONVEYED TO THE COUNTY OF SAN DIEGO AND RECORDED ON DECEMBER 22, 1966, RECORDER'S FILE NO. 198819. ALSO EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE PUBLIC USE AS DESCRIBED IN PARCEL ONE OF THAT CERTAIN DEED CONVEYED TO THE CITY OF CARLSBAD AND RECORDED ON MAY 14, 1974, RECORDER'S FILE NO. 74-125459. AMENDED 1172756 PAGE 8 TICOR TITI^ INSURANCE SLOPE EASEMENT #3 , THOSE PORTIONSOF THE EAST HALF OF SECTION 29 AND THE WEST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF POINSETTIA LANE, BEING 60.00 FEET IN WIDTH, AS DESCRIBED IN THE DIRECTOR'S DEED TO THE COUNTY OF SAN DIEGO, FILE NO. 198819, RECORDED DECEMBER 22, 1966, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND THE EASTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AS SHOWN ON CARLSBAD TRACT NO. 71-2, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED AS MAP NO. 7954, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE, NORTH 21°08'33" WEST, 80.67 FEET TO THE "TRUE POINT OF BEGINNING", SAID POINT BEING ON A LINE PARALLEL WITH AND DISTANT NORTHERLY 80.00 FEET MEASURED AT RIGHT ANGLES TO SAID CENTER LINE OF POINSETTIA LANE; THENCE PARALLEL TO SAID CENTER LINE, NORTH 76*'13'30" EAST 540.00 FEET; THENCE SOUTH 8r06'15" WEST, 548.01 FEET TO A POINT ON SAID EASTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE SOUTHERLY ALONG SAID RIGHT OF WAY LINE, SOUTH 2r08'33" EAST, 47.00 FEET TO THE "TRUE POINT OF BEGINNING". 13. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED SEPTEMBER 24, 1985 AMOUNT : $9,375,000.00 TRUSTOR JOHN D. LUSK & SON, A CALIFORNIA CORPORATION TRUSTEE : TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY : SERVICE MORTGAGE COMPANY, A CORPORATION RECORDED SEPTEMBER 27, 1985, RECORDER'S FILE NO. 85-357388 SAID MATTER AFFECTS THIS AND OTHER PROPERTY. NOTES A. THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR RECORDING CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A "PRELIMINARY CHANGE OF OWNERSHIP REPORT." IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WILL NOT CHARGE AN EXTRA FEE IF THE DOCUMENT IS ACCOMPANIED BY AN AFFIDAVIT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. OUR TITLE BILLING WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE. B. CHAPTER 1004, OF CALIFORNIA STATUTES OF 1984, BECAME EFFECTIVE ON JANUARY 1, 1985. THIS LEGISLATION DEALS WITH THE DISBURSEMENT OF FUNDS DEPOSITED WITH ANY TITLE ENTITY ACTING IN AN ESCROW OR SUB-ESCROW CAPACITY. THE LAW REQUIRES THAT ALL FUNDS BE DEPOSITED AND COLLECTED BY THE TITLE ENTITY'S ESCROW AND/OR SUB-ESCROW ACCOUNT PRIOR TO AMENDED 1172756 PAGE 9 ^ TICOR TITLE INSURANCE DISBURSEMENT OF ANY FUNDS. USE OF A CHECK DRAWN ON AN OUT-OF-STATE FINANCIAL INSTITUTION OR USE OF ANY DRAFT MAY CAUSE A MATERIAL DELAY IN CLOSING AND DISBURSEMENT OF FUNDS ON THIS ORDER. IN ORDER TO AVOID SUCH DELAYS, ALL FUNDINGS SHOULD BE EITHER BY WIRE TRANSFER OR BY CHECK DRAWN ON CALIFORNIA FINANCIAL INSTITUTIONS. C. TAX FIGURES FOR CODE AREA PARCEL NO. LAND FIRST INSTALLMENT SECOND INSTALLMENT D. TAX FIGURES FOR CODE AREA PARCEL NO. LAND FIRST INSTALLMENT SECOND INSTALLMENT 1988-89 09027 214-150-17 $621,260.00 $3,235.95 DELINQUENT $3,235.95 UNPAID 1988-89 09027 214-150-18 $569,961.00 $2,968.75, DELINQUENT $2,968.75, UNPAID AMENDED 1172756 PAGE 10 TICOR TITI^ INSURANCE THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THOSE PORTIONS OF LOTS 2, 3 THE NORTH 1/3 OF LOT 4 AND THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 12 • SOUTH, RANGE 4, WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF THE 200 FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD AND LYING EASTERLY OF THE EASTERLY LINE OF PARCEL 5-A AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION IN SUPERIOR COURT OF SAN DIEGO COUNTY, CASE NO. 165983, A COPY OF WHICH BEING RECORDED APRIL 23, 1952, AS DOCUMENT NO. 50269 IN BOOK 4444, PAGE 395 OF OFFICIAL RECORDS, SAID EASTERLY LINE BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID FRACTIONAL SECTION 29, DISTANT THEREON NORTH 89*49'10" WEST 325.97 FEET FROM THE CORNER COMMON TO SECTIONS 28, 29, 32 AND 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, SAID POINT ALSO BEING DISTANT ALONG SAID SOUTH LINE SOUTH 89*49'10" EAST 88.23 FEET FROM ENGINEERS STATION 196 PLUS 46.33 ON THE CENTER LINE OF THE DEPARTMENT OF PUBLIC WORKS SURVEY MADE IN 1947 BETWEEN HALF MILE SOUTH OF SAN MARCOS CREEK AND 2.2 MILES SOUTH OF CARLSBAD, ROAD XI-SD-2-B; THENCE ALONG A LINE PARALLEL WITH AND DISTANT 80.00 FEET EASTERLY AT RIGHT ANGLES FROM THE CENTER LINE OF SAID SURVEY NORTH 24*45'30" WEST 72.54 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 6,120 FEET THROUGH AN ANGLE OF 4*55'30" A DISTANCE OF 526.06 FEET; THENCE NORTH 19*50' WEST 3628.47 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 19,846 FEET THROUGH AN ANGLE OF 0*22'46" A DISTANCE OF 131.43 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2, DISTANT ALONG SAID NORTH LINE SOUTH 89*55'53" WEST 466.01 FEET FROM THE NORTHEAST CORNER OF SAID LOT 2, SAID POINT ALSO BEING DISTANT ALONG SAID NORTH LINE OF LOT 2 NORTH 89*55'53" EAST 84.78 FEET FROM ENGINEER'S STATION 240 PLUS 28.54 ON THE CENTER LINE OF SAID SURVEY. EXCEPTING THEREFROM SAID LOT 3, THAT PORTION CONVEYED TO THE COUNTY OF SAN DIEGO, IN PARCEL 2 OF DIRECTORS DEED RECORDED DECEMBER 22, 1966, FILE NO. 198819 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY TERMINUS OF COURSE #5 OF PARCEL ONE OF THAT CERTAIN DIRECTORS DEED CONVEYED TO THE COUNTY OF SAN DIEGO AND RECORDED ON DECEMBER 22, 1966 AS FILE/PAGE NO. 198819 SAID COURSE NO. 5 HAVING A BEARING AND DISTANCE OF NORTH 13*05'20" WEST, 20.00 FEET; THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID COURSE SOUTH 13*46'30" EAST 28.75 FEET TO A LINE HAVING A BEARING OF SOUTH 76*16'30" WEST, SAID LINE BEING SOUTH 13*46'30" EAST 28.75 FEET FROM THE NORTHERLY LINE OF POINSETTIA LANE MEASURED ALONG THE SOUTHERLY PROLONGATION OF SAID COURSE NO. 5; THENCE SOUTH 76*16'30' WEST 1155.57 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING AND BEING DISTANT SOUTH 2r08'5r' EAST 27.97 FEET FROM THE NORTHERLY LINE OF POINSETTIA LAND AS MEASURED ALONG THE WESTERLY RIGHT OF WAY OF SAID RAILROAD COMPANY; THENCE ALONG SAID AMENDED 1172756 PAGE 11 g? TICOR TITI^ INSURANCE WESTERLY RIGHT OF WAY LINE NORTH 2r08'51" WEST 51.43 FEET TO A LINE PARALLEL WITH AND DISTANT NORTHERLY 51.00 FEET MEASURED AT RIGHT ANGLES TO THE ABOVE MENTIONED LINE HAVING A BEARING AND DISTANCE OF SOUTH 76*16'30" WEST 1155.57 FEET; THENCE ALONG SAID PARALLEL LINE SOUTH 76°16'30" WEST 495.77 FEET TO THE INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE STATE HIGHWAY AS DESCRIBED IN PARCEL 5A OF FINAL ORDER OF CONDEMNATION IN SUPERIOR COURT OF SAN DIEGO COUNTY CASE # 165983 FILED IN THE OFFICE OF THE COUNTY CLERK OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE SOUTH 19*50'19" EAST 51.29 FEET; THENCE NORTH 76*16'30" EAST 496.95 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE PUBLIC USE AS DESCRIBED IN THE AFOREMENTIONED DIRECTORS DEED RECORDED DECEMBER 22, 1966 AS FILE/PAGE NO. 198819. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY TERMINUS OF COURSE #5 OF PARCEL ONE OF THAT CERTAIN DIRECTORS DEED CONVEYED TO THE COUNTY OF SAN DIEGO AND RECORDED ON DECEMBER 22, 1966 AS FILE/PAGE NO. 198819 SAID COURSE NO. 5 HAVING A BEARING AND DISTANCE OF NORTH 13*05'20" WEST, 20.00 FEET; THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID COURSE SOUTH 13*46'30" EAST 28.75 FEET TO A LINE HAVING A BEARING OF SOUTH 76*16'30" WEST, SAID LINE BEING SOUTH 13*46'30" EAST 28.75 FEET FROM THE NORTHERLY LINE OF POINSETTIA LANE MEASURED ALONG THE SOUTHERLY PROLONGATION OF SAID COURSE NO. 5; THENCE SOUTH 76*16'30" WEST 1155.57 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY. SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING AND BEING DISTANT SOUTH 2r08'51" EAST 27.97 FEET FROM THE NORTHERLY LINE OF POINSETTIA LANE AS MEASURED ALONG THE WESTERLY RIGHT OF WAY OF SAID RAILROAD COMPANY; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE SOUTH 21*08*51" EAST 51.43 FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY 51.00 FEET MEASURED AT RIGHT ANGLES TO THE ABOVE MENTIONED LINE HAVING A BEARING AND DISTANCE OF SOUTH 76*16'30" WEST 1155.57 FEET; THENCE ALONG SAID PARALLEL LINE SOUTH 76*16'30" WEST 498.13 FEET TO THE INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE STATE HIGHWAY AS DESCRIBED IN PARCEL 5A OF FINAL ORDER OF CONDEMNATION IN SUPERIOR COURT OF SAN DIEGO COUNTY CASE # 165983 FILED IN THE OFFICE OF THE COUNTY CLERK OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE NORTH 19*50'19" WEST 51.29 FEET; THENCE NORTH 76*16'30" EAST 496.95 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE PUBLIC USE AS DESCRIBED IN THE AFOREMENTIONED DIRECTORS DEED RECORDED DECEMBER 22, 1966 AS FILE/PAGE NO. 198819. ALSO EXCEPTING THEREFROM ALL OIL AND MINERAL RIGHTS BELOW 500 FEET WITHOUT RIGHT OF SURFACE ENTRY AS RESERVED BY A. L. SHIPLEY, JR., CONSERVATOR OF THE ESTATE OF GEORGE H. CAPRON IN DEED RECORDED JUNE 30, 1969, FILE/PAGE NO. 116905. AMENDED 1172756 PAGE 12 TICOR TITI^ INSURANCE EXHIBIT A Printed Policy Exceptions and Exclusions ALTA RESIDENTIAL POLICY (6-1-87) The Exclusions and the Exceptions of the ALTA Residential Policy form recite that you are not insured against loss, costs, attorneys' ' fees, and expenses resulting from: Exclusions 1 Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning * land use * Improvements on the land * land division * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2 The right to take the land by condemning it, unless: * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and Is binding on you if you bought the land without knowing of the taking 3 Title Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date-unless they appeared in the public records ' that result in no loss to you * that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4 Failure to pay value for your title. 5 Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A or * in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in Item S of Covered Title Risks. Standard Exceptions (a) Any rights, interests or claims of parties In possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of the Covered Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. (d) Any water rights, claims or title to water on or under the land. ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE The Exclusions from Coverage of the ALTA Loan Policy form recites that the foiiowing matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1 (a) Any taw, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i)the occupancy, use, or enjoyment of the land; (ii)the character, dimensions or location of any improvement now or hereafter erected on the land;(iii) a separation in ownership or a change In the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Oate of Policy. 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3 Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or creating subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or matenal, or to the extent insurance Is afforded herein as to assessments for street Improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state In which the land Is situated. 5 Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth In lending law. 6 Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and Is not financed In whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or Is obligated to advance, (continued on next page) AMENDED 1172756 PAGE 13 TICOR TITLE INSURANCE CLTA STAI^RRD COVERAGE POLICY-1988 The Exclusions from Coverage of the CLTA Standard Coverage Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of; . (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (ill) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. . Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed In writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting In loss or damage which wouid not have been sustained if the insured claimant had paid value for the Insured mortgage or for the estate or Interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or faiiure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. invalidity or unenforceability of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Schedule B of the CLTA Standard Coverage Policy form recites that this policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a),(b) or (c) are shown by the public records. 8. Any facts, rights. Interests or claims which are not shown by the public records but which could be ascertained by making Inquiry of the lessors in the lease or leases described or referred to in Schedule A. 7. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. ALTA OWNER'S POLICY (10-21-87) The Exclusions from Coverage of the ALTA Owner's Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company wili not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (11) the character, dimensions or location of any Improvement now or hereafter erected on the land; (lil) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy . (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred has prior to Date of Policy which would be binding on the rights of a purchaser for value without knowiedge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009 AMENDED 1172756 PAGE 14 SX 'C X2 9 '-'X.,X, Thi.5 is not a survey of the land, but is compiled for information only, nor is it a part of the report or policy to which It mav,be attached. TITLE INSURANCE AND TRUST :20 "A" Street San Diego, California,92101 •A , 2 1 4 -15 SHT. I OF 2 r= 40 r/ CHANGES BLK OLD NEW YR CUT //-/2 7/ S 72 • ^- 75 /f 7^ //O/S I7t- 19 7+ 2351 /(^ 75 Z5 /fc/r mebil*. Homes ^2 PicK-lif f?cK-Uf S3 54 nz-iAi K/LL ff4 4158 ^5 4^0S /S 85 27 1 1 Mioppn '-)a. ASSESSMENT iMiRPOf'^S ONLV POR SEC 29 - TI2S-R'4V,' POR SEC 23 - TI2S-R4W R ;i: c K E N G i: N i;;: E: R :I: N c 0 n P A N Y SE CHECKING 3 ! 58 •'M TUlii . > 24 JAN . , •> C 0 1-^ D I N A T E S L.-CGUR SE: BEARING I) I STA JCE NO •nil EAST IJ START 0 . 0 0 0 0 . 0 0 0 1 NB9-0 9-43W '564 . 95 B .263 •••564 . 89 0 ^• N19 -O^-0 2W 1419 . 25 1348 . 972 - 1 030.477 15 3 N76-57--0 3E 497 . 98 1461 .409 ••••545 . 356_. 15 4 S^O -;^7-52E 1559 . 85 . 0 0 2 . 0 0 8 m ^ULOSURE; S74-27"" ()6W . 0 0 B - .002 • . 0 08 AREA 76 1897.9 sq. I-T . AREA 17.49077 C 0 :) R D I N A J E S ?1 COURSE BEARING DI STA NCE NO rrii EAS T ?1 START 0 . 0 0 0 0 . 0 0 0 L. 1 s;^o -;^7--i:;2E 1 673 . 4 4 "1 567 . 828 585.0 78 '•.) /». S76-b7-0 3W 495 . 6.1 •1679 . 73 0 102.267 3 Ni9-09 •• {)2hi 1651 . 43 1 1 9 . 691 ••••439.488 i 4 N70-^O-^BE 19942 . 0 0 6422 . 313 18398.918 77 CURVE DELTA •••••••• 0 •22 •39 19942.00 L •• • ••^ CM . 569 131.39 4 S71-13-37UI 19942 . 0 0 65 . 7 0 4 L •• • ••^ CM . 569 131.39 ••-482 .181 .to b SB9-27-2AE. 4 82 . 2 0 .... . 0 03 •••• .0 03 I' CLosuRi:: N77-36 -0OU . 0 05 . 0 0 1 • •• .005 33 AREA -B1631B.4 sq. I-^iREA 18.74 00 9