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HomeMy WebLinkAboutPUD 17E; MEISTER DEVELOPMENT GROUP; Planned Unit Development - Residential (PUD)c~~4 0(. f1~_~'~nL .. ~_~ __ ~_)/_~_'-_-~_. '_'/_~/_/_;_'c _____________ ~ _____________________ ~ '"""-- LAND USE PLANN.ING APPLICATIDN .-DISCRETIONARY ACTIONS -REQUEST :, 0 0 •• o Zone Change ' , DSpecific Plan 0° •• ':, ."' ..... (]General Plan Amendment []Site Development Plan qTentative Tract Map ',:" ' []Conditional Use Permit '~Major Planned Unit Develo~eI).t, :", OVariance o Master Plan ; ',' ' '",', [JPlanning Commission Determination OMajor Redevelopment Permit ": []Special Use Permit OMinor Redevelopment Permit DStructure Relocation [JPrecise Development Plan [)Major Condominium Permit (check other boxes if appropriate) DCoastal Per:mi t (Portion of Redevelopment Area Only) Complete Descrlptlon of ProJect (attach cddltlonal sheets if necessary) 3 CONCRETE TILT UP BUILDERS TOTALING 52,000 S.F. WITH 152 PARKING SPACES, MAXIMUM BUILDING HEIGHT TO BE 28' IN BUILDING ' A ' WITH MEZZANINE THE REMAINING BUILDINGS TO BE 22' HIGH. PROJECT MEETS ALL : PM ZONING REQUIREMENTS • . ~egal Description (complete) PARCEL 17 & 18 OF PARCEL MAP 11457 FILED IN THE OFFICE OF THE COUNTY --".-- RECORDER OF SAN DIEGO, CAOUNTY, JULY '2, 1981 Assessors Parcel Number 210-090-39, 210-090-40 Zone General Plan EX1Stlng Land Use PM PUD-17 VACANT Proposed Zone Proposed General Plan ti te Acreage N/A P/A 3.65 Owner Applicant Name (Print or Type) Name (Prlnt or Type) MEISTER DEVELOPMENT GROUP KROMMENHOEK/MC KEOWN & ASSOCIATES Malllng Address Mallulg Address 4 UPPER NEWPORT PLAZA P.O. BOX 82208 . " City and State Zip Telephone City and State Zip ,Telephone (714)833-9110 SAN DIEGO, CA 92138--2088 276-7710 NEWPORT BEACH, CA 92660 ( 619 ) I CERl'IFY '!HAT I AM 'llIE LEGAL CMNER AND I CERl'IFY '!HAT I AM 'llIE CMNER' S REPRESENTATIVE THAT ALL '!HE ABOVE INFORMATION IS TRUE AND '!HAT ALL 'llIE ABOVE INFORMATION IS TRUE iAND CX>RRECT 'It) 'llIE BEST OF MY KNCMLEDGE. AND CX>RRECT 'It) 'llIE BEST OF MY KNOOEDGE. SIGNA'IURE DATE SIGNATURE mTE Date rl7U>n Rec<d ~p~ r .. ··~iVed Reonpt. No.' ~ /1 ~(. , ' "'\ ' i ~ .. ... , ,-> , IDate . App11catlon-Rec'd: .. Ms19~ lcase NQ!d:)er r PWD-17 (re) -.. ~~-,. -. . _._-- • • I. SPECIFIC REQUIREMENTS General-Plan Amendment/Zone Change 1. Application Form ' 2. General Requirement Items F-O 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 1. Application Form 2. General Requirement Items: -eighteen (18) copies of items B-D -items E-O 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 1. Application Fo 4m 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 sub,division -;;"M..;.a;,.=.j_o~r ___ p..;;;l..,.a_n.;:.;n;,.;;.e-Td.......;:.R~e-=v~e.;;;;l..;:..o.;;..p;;.;.;m..;:..e.;.;;n..;:..t-.:..( .:;..5_o.:;...:;..r_m:.;;.o.:;..r.:;..e~u.:;..n;.;,l..:;..· t.;;..s..;;..!...) ~ to ,I+IS ~/Ub 1. Application Form '10 ~A l"I'Itu:::' 2. General Requirement Items: ,~~,~ ~ v~ eighteen (18) copies of items B-D items E-O 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. CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 438·5621 ACCOUNT NO. DESCRIPTION AMOUNT or EIPT NO. 50775 TOTAL I ,J 75: -- , Residential Condominiums $530.00 (50 units or less) $1,090.00 (50 units or more) $365.00 (Amend~ent 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 Condominiu~ or Planned unit Development $420.00 (50 or less units) J'o-_s~,j)..9_Q_.!_QJ)_(..5~O_Q.r~me'Fe-\1'I'l~i-es-)'-----_~ ;> L-~~2~2~0~.*O~0~(~A~m~.e~n~d~m~e~n~t~f~o~r~5~O~o~r~=I~e~s~s~u~n~i~t~s~)~ ~400.00 ( Amen ment for 50 or more units) Site Development Plan 1. 2 • 3. Application Porm General Requirement Items eighteen (18) copies of items B-D items F.-I, M-O Fee: $365.00 Conditional Use Permit/Special Use Permit/Precise Development plan 1. Application For~ 2. General Requirement Items: eighteen (18) copies of items B-D items E-O (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 Band 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 1. 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-O 5. Fee: $330.00 Major and Minor Redevelopment Permits 1. Application Form 2. General Requirement Items: Major: eighteen (18) copies of Item B-D items E-M and material samples (if applicable) Minor: eight~en (18) copies of items B-D (if applicable) items E-F, 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 Band 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; ( D • (5) Date of preparation; (6) The location, width and proposed names of all streets within the boundaries of the proposed subdivision and approximate grades thereof; (7) Location and width of alleys; (8) Name, location and width ~f adjacent streets; (9) Lot lines and approximate dimensions and numbers of e~ch iot; "(10) Approximat~ 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 l' 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 the subdivision description of the exterior boundaries of (approximate bear~ngs, 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 buildfng 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. Preliminary Landscape Plan (24" x 36" folded to 8 1/2" x 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 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". " L. N .) P. • One (1) copy each of 8 1/2"xl1" site plan and elevations. • One (1) copy of 8 1/2"xll" l-ocation map (suggested scale 2 00" -vic ini ty maps on the site plan are not~~~ep~able) Environmental Impact Assessment Form ($175) f"l~R Cb~'~ee I1-D Public Facility Agreement: 2 copies: One (1) notorized original, One (1) reproduced copy. Disclosure statement- 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 LJ 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. 600 Foot Radius Map \ (Not needed for Site Development Plan, Planning Commission Determination and Special Use 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. For residential projects within Vista, Encinitas or San Dieguito School Districts, the applicant shall indicate 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. Fo~ 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. preliminary Title Report (current within the last six months) • Proof of sewer availability if located in the Leucadia County water District. 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 plah and one copy of a colored elevation to the Land Use Planning Office by Noon two days prior to the Planning Commission meeting. 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 reflectin.g 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 ~dditional information needs to be provided in order to provide a full disclosure, please include it. ,~. , ' If after the information you have submitted has been reviewed, it is determined . ,t.hat further informati.s required, you will be so .,Sed. APPLICANT: AGENT: NENBERS: Name '(individual, partnership, joint venture, corporation~ syndication) Business Address Telephone Number Name Business Address Telephone Number Name '(individual, partner, joint, venture, corporation, syndication) Business Address Telephone NUM~r 3~siness Address Telephone Number Home i'.ddress Telephone Number Home Address (Attach more sheets if necessary} .' I/He decla:=e ur.der-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, fr.~ner, Par~n~r " eJPPLE.."'lENI'AL INFO:&.lI1ATION FORt1 • VARIANCE 1) Gross Acres (or square footage, if less than acre) ----------~--------2} Zone ________________________________________________________ __ 3) General Pla."l Land Use Designati01 ____ ~~---------------- 4) By law a Variance may be approved ally if certa:in facts are found to exist. Please read t.h3se requirements carefully and expla:in how th:! proposed project meets each of these facts. lJ!3e additialal sheets if necessary. a} Explain wl:r:! there are exceptlcnal or extraordinary circumstances or ccnditials applicable to tre property or to t.h3 :intended use th:l.t do not apply' generally to the oi:.l'er pro,Perty ~r class' of use :in the same vic:inity and Zale: . ----------------~--------------------------------------- b) Expla:in why such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vici.· .. lity and zcne but wbich is denied to the property in, question: c) Expla:in why the grant:ing of such variance \v:i..ll not be materially detrimental to the public welfare or :injurious to the property or improvements in such vic:inity and zcne in wbich t118 property is located d) Explain \..,hy the granting of such variance v.d.ll not adversely affect too canpre11ensi ve 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 Name (Print) FORM: PLANNING 37, REVISED 3/80 Date Relationship to Application (Property Owner-Agent) ------------------------..",.----. • • 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 a~ 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 Resolut'ion No. 7872, and consents to processing the application according to that resolution. Signature of Applicant or Date Authorized Agent ~\ Name (print) Title (Applicant, Authorized Agent, etc.) ". I \ \ APPR01ED: Michael J. Holzmiller Land Use Planning Manager POOR QUALITY ORIGINAL (S) i 'I , ,i , ... .... , TICOR TITLE "j INSURANCE -~" , " •. ;.,....~~.~ , .... 'W(.-""-""'~ ....... .:-.. -.... -:.:.~ ..... ··,.. .. ...,.~ ___ """"11' ..... ~""~¥~_~~~I'l.. .. <;w~~-l ...... _."fl'~-....La. __ .,.~ ... ~~ .~·...., ... ___ ·:.~ ...... =-~-......:.!o·t"" ........ ""(r ... r. " ..... ~~.I ................. ,· ............ • ... .:..--.. _ .... ~~.s-L~ \ l SUBJECT TO SCHEDULE B AND THE CONDITIONS ANlJ STIPULATIONS HEREOF. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, a Ccllifornl<J corporation, herem callea the Company, Insures the Insuren, as of Date of POliCY snO\,.;r. n Schedule A. Clgalnst lOSS Cf dam:'lge, not exceeding the amount of InsurJnce stated In S,:hedu!e A .. and f:CSts, attornt;';s' fees and expenses which the Company may b(~corne obllgoted to pay hen'3under, sustained ')r In'::...n:.:>d by sale InsureCI by reaSCjn of Titfr.· to the estate or Irlterest described In Sr;hedule A being vested other than CiS stated therRln, 2. An" ;jefect II! or lien or encurl10r:'ince on such title, 3. Unr; :.Jrketabl!lty cf such title, ·jr 4 I~nv '-Ick c:f the orrilnarv r:ght d ;in Clt)uttlnC] o'tmer for access to at !(-3Si oro...; physlC:Jily ODen s tn=~t:-::' ~'yh,/,:,j'1 'f :~p.Ii:H'ld. :n rac:!. ell '.its up'Jn (jnr=· or r7'10re SUCh str,::;ets sr nls.!h,tvavs,' and :n c1udlt'cn, as tc an Insured ,jc·rd,:;-r oniy, 5 !nv:, ,rj;ty of the tlen of the fr~sured n~crtg3ge upon said estatE: or Interest except to the extent tha: 3'-,·:.n !n'i~li di:v, 1/ I~'!o!r;; the~"3ot 3r1S'::S out of the transaction eVlderoceo bv the Insured rnortg3g~ an" 's.oased upen il v= Jry, or b. 3r,y consumer credit protection or truth :n lending !alty' 6. Prlerlt)' of any lit:n r), encumbrance over the lIero of ;:he insured mOl rgage, said mort93ge being shs\\ n In Sd-,~:du!e B In the order r:; Its pnonty; or 7. InvJ!ldlty of any ilssignment of the insured mortgage, provided SuCh aSSignment IS shown In Schr:-ou;e B, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA President ... ' .... : . ·····1. ,"'!' " ...... / 1,;-: ,_ .. ,,;.;-',", ',', .: 1 " .. , , Schedule B 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 by making inquiry of 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. 6. Any right. title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character. dimensions or locatIOn of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, orthe effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the· exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (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 been a purchaser or encumbrancer for value without knowledge. 10. 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. 11. 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. . 1. Definition of Terms Thp folll, .. ·"ng terms when used In thiS policy mean- (al "lnsurlOd" the Insured nam"d In Schedule A. and. sublect to anv fightS or aefen~es the Company may have had against th" namea Insured. those ""no sucyeed to the Interest of such Insured by operation ()f law as dlstln- gUlsnell from purchase including but not limited to. heirs. d'stnbutees. deVisees. survivors. personal representatives. next of kin. or corporate or f,duc'dr\ successors_ The term ',nsured" also ,nc'udes {II the Ov"ner of the lnaeOt"(lnesS secured by the Insured mortgage and ea,;h successor on o\~ner<;~'o "I such Indeotednr~ss Ir,osprvlng. howpver. :111 nghts JnG de- fc'nsrs d" to any such successor wtl(O .ll:nuores th2 Inr1eotedness oy ()(Jera- lion <'f ' ,.V .1S aes,:noed ,n [tie f'rst sent"'1( e t:f t"'S subpdragraOh (.11 rholt the Cj'n~OdI1Y "",auld have !lad aQ311lst thr-sU!:c~ss()r c; tr3nsh:·rof; :ma further In'~ludes (II; any gevernmen'tal t.1<Jt:nr·v or In ..... trurnf-~ntJ!l{y v\nll:;n IS an ,nsurer "f guarantor under an Insurance Contrilcr ·:)r qU3ranty ,nsurlng or guarantr't"ong sa,d Indebtedness. or any part therc!or wh .... ther named as an Insured l1ereon or not. and illl) the partIes deSignated ,n p3ragrdph 2101 of Conditions and Stipulations these Conditions and Stipulations {bi "'nsurea clannant an InsL:red cla'm'ng lOSS or damage hereunaer lei "Insured lenoer" th" (lWn"'r of an 'nsu'eo mortgage cd) "Insured mortgage' a mortgagp "hawn In Schedule B tho; owner of '/\ih,ch IS ramed as an InSLorIOd ,n Scheaulp A Ie) . knovvledge" actudl kno,-.,Iedge. not constructlv,; kn()wledge or not,ce ·".,h,ch mi3y be ,mputeo 1:1 .In onsLlrt-'d bv rE ason of ,lfly publiC; rpcard:; if) 1.3nd" the land descr'oed soec:fl\~.111v cr c'/ n-:fE'ft-'flce In Scheduk~ C -1nd ,mprr)vements C:lff':(ed trt-r~:tc v .. hll:h bv I.1V\ I:Jn;.;tltut~ r~d: propert\. pro- VldfjO hf)wever tn-? t(!rrl' ')nu" does i11-·t .n(luUe Jnv dfea P,(Cludt":d by par:~gr)pn 6 ')f D 3fl ! ',1 SCht:(L .. ~~ B Gt th~s P -Jt .V 'gl r11r)rtg3ge' ·r.(~rt~~~!q,= Gt-:';.;d ot t:u~t ~~ ..1st dt-)ed ..... r -U"I-""'If St?,:'.lf IV 1j1. -)trurnent d-q 'rubllC records" thOSt: fP( crd~ V'vhlch DV it1V\ rrnpart ;.onstrUt:tlvP nQ!Wp. 01 lTIatters relatln~l to the lAnd (Conditions ,1Od St·pulatlcns Continued en the In~lde c·f the Last P:1ge 0f ThiS pr)!ICY) AI " ~. ) ~ 1 <j ~ 'j .~ 1 .. ·1 , . ,. TICOR TITLE4 .·~5URANCe CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1973 POLICY NO. AMOUNT CHARGE . EFFECTIVE DATE: 1 . SCHEDULE A 1125922 $2,150,000.00 $3,041.50 SEPTEMBER 27, 1984 AT 8:00 A.M. NAME OF INSURED SIGNAL DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION AND MEISTER DEVELOPMENT GROUP, A CALIFORNIA CORPORATION 2. THE ESTATE OR INTEREST IN THE LAND DESCRIBED HEREIN AND WHICH IS COVERED BY. THIS POLICY IS A FEE AS TO PARCEL A, BAND C; AN EASEMENT AS TO PARCEL C-1 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: MEISTER DEVELOPMENT GROUP, A CALIFORNIA CORPORATION SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE, NOR AGAINST COSTS, ATTORNEY'S FEES OR EXPENSES, ANY OR ALL OF WHICH ARISE BY REASON OF THE FOLLOWING. PART I ALL MATTERS SET FORTH IN PARAGRAPHS NUMBERED 1 (ONE) TO 11 (ELEVEN) INCLUSIVE ON THE INSIDE COVER SHEET OF THIS POLICY UNDER THE HEADING OF SCHEDULE B PART I. PART II 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR: 1984-85 A LIEN NOT YET PAYABLE . THE LiEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 498, STATUTES OF 1983 OF THE STATE OF CALIFORNIA 2. 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 1125922 PAGE • TICOR TITl.--ISURANCe • IN FAVOR OF FOR RECORDED SOUTHERN COUNTIES GAS COMPANY, A CORPORATION TRANSMISSION AND DISTRIBUTION OF GAS AFFECTS JULY 26, 1932 DOCUMENT NO. 36742 IN BOOK 147, PAGE 152 OF OFFICIAL RECORDS A STRIP OF LAND 5 FEET IN WIDTH, LYING 2 1/2 FEET ON EACH SIDE OF A CENTER LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID LOT "H" AS SAME IS SHOWN ON MAP NO. 1681 OF THUM LANDS IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, AND THE CENTER LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD RIGHT OF WAY, ACCORDING TO ALIGNMENT CHANGE OF 1909, SAID POINT OF COMMENCEMENT BEING AT ENGINEERS STATION 2273, PLUS 22.94 ON A 2 DEGREE CURVE OF SAID ALIGNMENT; THENCE FOLLOWING THE ARC OF SAID CURVE CONCAVE TOWARD SOUTHWEST, THE RADIUS OF WHICH BEARS SOUTH 55°05'25" WEST 2864.94 FEET THROUGH A CENTRAL ANGLE OF 11°53'05" A DISTANCE OF 594.27 FEET TO THE END OF SAID CURVE; THENCE CONTINUING ALONG THE CENTER LINE OF SAID RIGHT OF WAY SOUTH 23°01'30" EAST -RAILROAD MAP SOUTH 37°28' EAST MAGNETIC-A DISTANCE OF 570.90 FEET; THENCE NORTH 66°58'30" EAST A DISTANCE OF 52.50 FEET; THENCE SOUTH 23°01'30" EAST A DISTANCE OF 67.61 FEET TO THE POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID ATCHISON, TOPEKA AND SANTA FE RAILROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 23°01'30" EAST PARALLEL WITH AND 52.50 FEET FROM THE SAID CENTER LINE OF RIGHT OF WAY A DISTANCE OF 8789.77 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHERLY LINE OF THAT PORTloN OF SAID LOT "H". SAID MATTER AFFECTS: PARCELS 17 AND 18 3. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES: IN FAVOR OF SOUTHERN CALIFORNIA TELEPHONE COMPANY FOR A RIGHT OF WAY RECORDED AUGUST 2, 1941, DOCUMENT NO. 45305 IN BOOK 1200, PAGE 421 OF OFFICIAL RECORDS SAID DEED DOES NOT CONTAIN THE LOCATION OF SAID EASEMENT. 4. 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 THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY FOR AERIAL AND UNDERGROUND COMMUNICATION STRUCTURES RECORDED AUGUST 30, 1957, DOCUMENT NO. 133405 IN BOOK 6730, PAGE 126 OF OFFICIAL RECORDS AFFECTS AS FOLLOWS: THE WESTERLY AND SOUTHWESTERLY 100 FEET OF THE NORTHERLY 2400 FEET OF THE SOUTHERLY 3958.9 FEET OF LOT "H" OF RANCHO AGUA HEDIONDA, LYING EASTERLY . OF THE EAST LINES OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY RIGHT OF WAY AND THE STATE HIGHWAY XI-SD-28, SAID MEASUREMENTS BEING DRAWN PARALLEL WITH THE HIGHWAY AND RAILWAY RIGHT OF WAYS AND PERPENDICULAR TO THE SOUTH LINE OF LOT "H" OF RANCHO AGUA HEDIONDA; AND ALSO, THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, LYING NORTHEASTERLY OF THE EASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE 1125922 PAGE • TICOR TITL,.-"15URANCE • RAILWAY RIGHT OF WAY AND SOUTHWESTERLY OF THE WESTERLY LINE OF STATE HIGHWAY XI-SD-28 AND SOUTHEASTERLY OF THE SOUTHERLY LINE OF PROPERTY DESCRIBED IN DEED RECORDED JANUARY 21, 1953 IN BOOK 4722, PAGE 350 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, AS SAID PORTIONS OF PROPERTY ARE SHOWN ON PARTITION MAP THEREOF NO. 823, FILED FOR RECORD IN THE COUNTY RECORDER'S OFFICE OF SAN DIEGO COUNTY, NOVEMBER 16, 1896. THE ABOVE DESCRIBED EASEMENT SHALL BE LOCATED ON A STRIP OF LAND 4 FEET IN WIDTH, THROUGH THE ABOVE DESCRIBED PROPERTY LYING SOUTHWESTERLY OF AND ABUTTING THE FOLLOWING DESCRIBED LINE: " BEGINNING AT THE SOUTHWESTERLY CORNER OF THE ABOVE DESCRIBED PROPERTY; THENCE EASTERLY ON THE SOUTHERLY PROPERTY LINE TO A POINT WHICH SAID POINT IS 22.5 FEET, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY RIGHT OF WAY AND SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHERLY 39.58 FEET ON THE ARC OF A CIRCLE CONCAVE TO THE EAST WHOSE DELTA ANGLE IS 0°32'37" AND LENGTH IS 39.58 FEET; THENCE NORTH 23°05'53" WEST, TO THE POINT OF TERMINATION IN THE NORTHWESTERLY PROPERTY LINE OF THE ABOVE DESCRIBED PROPERTY. SAID MATTER AFFECTS: PARCELS 17 AND 18 5. 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 THE VISTA SANITATION DISTRICT, A COUNTY SANITATION DISTRICT, AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION FOR WATER PIPE LINES, SEWER PIPE LINES, TOGETHER WITH AN ACCESS ROAD OVER AND ACROSS THE HEREINAFTER DESCRIBED LANDS RECORDED JUNE 23, 1964, RECORDER'S FILE NO. 112575 AFFECTS AS FOLLOWS: ALL THAT PORTION OF LOT H OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING WITHIN A 17.50 FOOT STRIP OF LAND" LYING 8.75 FEET EACH SIDE OF A CENTER LINE DESCRIBED AS FOLLOWS: BEGINNING AT POINT T, AS SAID POINT IS DESCRIBED IN DEED TO THE SAN DIEGO GAS & ELECTRIC COMPANY, RECORDED IN BOOK 4722, PAGE 350 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE NORTH 66°54'10" EAST, 50.00 FEET TO A POINT IN THE EASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY RIGHT OF WAY, SAID POINT BEING ALSO THE SOUTHWESTERLY, CORNER OF THAT TRACT OF LAND CONVEYED TO THE SAN DIEGO GAS & ELECTRIC COMPANY BY SAID DEED RECORDED IN BOOK 4722, PAGE 350 OF OFFICIAL RECORDS; THENCE CONTINUING NORTH 66°54'10" EAST ALONG THE SOUTHERLY LINE OF SAID TRACT, 14.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 23°13 /40" EAST, 2625.51 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS.OF 500.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE A DISTANCE OF 77.54 FEET, THROUGH A CENTRAL ANGLE OF 86°53'06" TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY, HAVING A RADIUS OF"1500.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE A DISTANCE OF 465.22 FEET, THROUGH A CENTRAL ANGLE OF 17°46'12" TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 500.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE A DISTANCE OF 77.54 FEET THROUGH A CENTRAL 1125922 PAGE 3 1 l IJ TICOR T1TLee-",;SURANCe .' " ., ~, '\ 1. , ,,} ANGLE OF 8° 53' 06"; THENCE SOUTH 23° 13' 40" EAST, 1328.10 FEET TO AN ,~ INTERSECTION WITH THE CENTER LINE OF ROAD SURVEY 1534 (PALOMAR AIRPORT ~ ROAD) ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY, SAID .~ INTERSECTION WITH SAID CENTER LINE BEING HEREINAFTER DESCRIBED AS POINT . ~ "A"; AND TO THE BEGINNING OF A 20.00 FOOT STRIP OF LAND LYING 10.00 FEET '~ EACH SIDE OF A CENTER LINE DESCRIBED AS FOLLOWS: CONTINUING SOUTH j 23°13'40" EAST 523.48 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE ~ NORTHEASTERLY HAVING A RADIUS OF 1000.00 FEET; THENCE SOUTHERLY ALONG SAID· CURVE A DISTANCE OF 106.15 FEET THRqUGH A CENTRAL ANGLE OF 6°04'54" TO A POINT IN THE NORTHERLY LINE OF LAND~DESCRIBED IN DOCUMENT RECORDED OCTOBER 5, 1959 I N BOOK 7918, PAGE 363 OF OF F I C IAL RECORDS. TOGE THER WITH THE RIGHT TO INSTALL, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REPLACE A ROAD FOR INGRESS AND EGRESS AND WATER AND, UTILITY LINES OVER THE PROPERTY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT H OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, 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, LYING WITHIN A 20.00 FOOT STRIP OF LAND LYING 10.00 FEET EACH SIDE OF A CENTER LINE DESCRIBED AS FOLLOWS: BEGINNING AT POINT "A", ABOVE DESCRIBED; THENCE SOUTH 23°13'40" EAST, 523.48 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1000.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE A DISTANCE OF 106.15 FEET THROUGH A CENTRAL ANGLE OF 6°04'54" TO A FOINT IN THE NORTHERLY LINE OF LAND DESCRIBED IN DOCUMENT RECORDED OCTOBER 5, 1959, IN BOOK 7518, PAGE 363 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION LYING WITHIN ROAD SURVEY 1534 (PALOMAR AIRPORT ROAD). SAID MATTER AFFECTS: PARCELS 17 AND 18 6. 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 FROM PAUL ECKE AND MAGDELENA ECKE TO THE STATE OF CALIFORNIA RECORDED JUNE 18, 1965 RECORDER'S FILE NO. 108756, AND BY DEED RECORDED JULY 7, 1967, RECORDER'S FILE NO. 99185 SAID MATTER AFFECTS: PARCEL 14 7. 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 SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR ELECTRICAL FACILITIES RECORDED AUGUST 28, 1969, RECORDER'S FILE NO. 158714 AFFECTS LOCATED OR TO BE LOCATED AS SHOWN ON THE PLAN MARKED EXHIBIT "A", ATTACHED THERETO. 8. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION OF RESTRICTIONS EXECUTED BY RECORDED 1125922 SIGNAL DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION AND CARLSBAD COMMERCIAL CENTER, A CALIFORNIA LIMITED PARTNERSHIP MARCH 31, 1982, RECORDER'S FILE NO. 82-087084 PAGE 4 (!I TICOR TITLE=e ISURANCE -' •. ~;'. RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. SAID MATTER AFFECTS: PARCELS 17 AND 18 9. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP 11457 FOR : STORM DRAINS AFFECTS: AS SHOWN ON SAID MAP 10. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP 11457 FOR : SEWER PURPOSES_ AFFECTS: AS SHOWN ON SAID MAP 11. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED IN FAVOR OF FOR RECORDED AFFECTS HEREIN, AND INCIDENTAL PURPOSES SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION 1. UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY. 2. PIPELINES AND APPURTENANCES FOR ANY AND ALL PURPOSES. 3. COMMUNICATION FACILITIES, AND APPURTENANCES. JULY 20, 1981, RECORDER'S FILE NO. 81-227292 AS FOLLOWS: THE EASEMENT IN THE AFORESAID PROPERTY SHALL BE A STRIP OF LAND, INCLUDING ALL OF THE AREA LYING BETWEEN THE EXTERIOR SIDELINES, WHICH SIDELINES SHALL BE THREE (3) FEET, MEASURED AT RIGHT ANGLES, ON EACH EXTERIOR SIDE OF EACH AND EVERY FACILITY INSTALLED WITHIN SAID PROPERTY ON OR BEFORE JUNE 30, 1982. 12. A AMOUNT DATED AMOUNT TRUSTOR TRUSTEE DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE STATED HEREIN BENEFICIARY RECORDED SEP TEMBER 27, 1984 $702,717.00 MEISTER DEVELOPMENT GROUP, A CORPORATION TICOR TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION SIGNAL DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION SEPTEMBER 27, 1984, RECORDER'S FILE NO. 84-365770 SAID MATTER AFFECTS: PARCEL 14 13. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED SEPTEMBER 27, 1984 AMOUNT $448,285.00 TRUSTOR MEISTER DEVELOPMENT GROUP, A CALIFORNIA CORPORATION TRUSTEE TICOR TITLE INSURANCE AND TRUST COMPANY, A CALIFOPNIA CORPORATION 1125922 PAGE 5 , ,. TICOR TITl.--ISURANCE e BENEFICIARY RECORDED SIGNAL DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION SEPTEMBER 27, 1984, RECORDER'S FILE NO. 84-365771 SAID MATTER AFFECTS: PARCEL 17 14. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED SEPTEMBER 27, 1984 AMOUNT $568,998.00 TRUSTOR MEISTER DEVELOPMENT GROUP, A CALIFORNIA CORPORATION TRUSTEE TICOR TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION BENEFICIARY SIGNAL DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION RECORDED SEPTEMBER 27, 1984, RECORDER'S FILE NO. 84-365772 SAID MATTER AFFECTS: PARCEL 18 1125922 PAGE 6 -l , • , . ~ IJ TICOR TITL.-~_ISURANCE • SCHEDULE C THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCEL 14, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK OF PARCEL MAPS AT PAGE 11457, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: PARCEL 17, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK OF PARCEL MAPS AT PAGE 11457, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL C: 'PARCEL 18, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK OF PARCEL MAPS AT PAGE 11457, I N THE OF F I CE OF THE COUNTY RECORDER OF SA 10 COUNTY. PARCEL C1: AN EASEMENT FOR ACCESS, INGRESS, EGRESS, TRAVEL, RIGHT-OF-WAY, AND OTHER VEHICULAR OR PEDESTRIAN TRAFFIC PURPOSES OVER THAT PORTION OF PARCEL 19, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP NO. 11457, IN THE OFFICE OF THE COUNTY RECORDER OF'SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 19, SAID CORNER BEING ON A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE TO SAID CORNER BEARS NORTH 59°01'12" EAST; THENCE SOUTHEASTERLY 33.12 FEET ALONG SAID CURVE BEING ALSO THE MOST EASTERLY LINE OF PARCEL 20 OF SAID PARCEL MAP NO. 11457, THROUGH A CENTRAL ANGLE OF 3° 47' 42" TO ALINE PARALLEL WITH AND 33.00 FEET SOUTHEASTERLY FROM THE MOST SOUTHEASTERLY LINE OF SAID PARCEL 19; THENCE ALONG SAID PARALLEL LINE, THE FOLLOWING COURSES: SOUTH 56°14'31" WEST, 85.85 FEET AND SOUTH 67°29'31" WEST, 404.23 FEET TO A LINE PARALLEL WITH AND 33.00 FEET SOUTHWESTERLY FROM THAT CERTAIN COURSE SHOWN AS "NORTH 22°30'29" WEST, 440.39 FEET" FOR A PORTION OF THE NORTHEASTERLY LINE OF SAID PARCEL 20; THENCE NORTH 22°30'29" WEST, 473.39 FEET ALONG SAID LAST MENTIONED PARALLEL LINE TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 88.50 FEET; THENCE NORTHERLY 20.56 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°18'37" TO A POINT ON THAT CERTAIN COURSE SHOWN AS "NORTH 80°48'08" EAST (RAD.), 34.00 FEET" FOR A PORTION OF THE NORTHWESTERLY LINE OF SAID PARCEL 19; THENCE ALONG SAID NORTHWESTERLY LINE, THE FOLLOWING COURSES: SOUTH 80°48'08" WEST, 1.00 FOOT TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE 1125922 PAGE 7 . ~ .: , . \ , ·1 .j .1 .j IJ TICOR TITL.~·ISURANCe SOUTHEASTERLY HAVING A RADIUS OF 89.50 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 80°48 /08" WEST, NORTHEASTERLY, 44.10 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28°13'49" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 252.50 FEET, NORTHEASTERLY 129.83 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°27'39", NORTH 48°29'36" EAST, 23.39 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 24.00 FEET, AND NORTHERLY 21.80 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52°03'15" TO THE MOST NORTHERLY CORNER OF SAID PARCEL 19, SAID CORNER BEING ON A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 435.00 FEET, A RADIAL LINE TO SAID CORNER BEARS SOUTH 52°01'05" WEST; THENCE SOUTHEASTERLY, 43.26 FEET ALONG SAID CURVE AND THE NORTHEASTERLY LINE OF SAID PARCEL 19 THROUGH A CENTRAL ANGLE OF 5°41'54" TO A LINE PARALLEL WITH AND 34.00 FEET SOUTHEASTERLY FROM THAT CERTAIN COURSE DESCRIBED ABOVE AS "NORTH 48°29'36" EAST 23.39 FEET" FOR A PORTION OF THE NORTHWESTERLY LINE OF SAID PARCEL 19; THENCE SOUTH 48°29'36" EAST, 41.80 FEET ALONG SAID LAST ABOVE MENTIONED PARALLEL LINE TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 218.50 FEET; THENCE SOUTHWESTERLY 112.35 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°27 /39" TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 55.50 FEET; THENCE SOUTHWESTERLY 40.24 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41°32'26" TO SAID NORTHEASTERLY LINE OF PARCEL 20; THENCE SOUTH 22°30'29" EAST, 420.39 FEET ALONG SAID . NORTHEASTERLY LINE TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE EASTERLY, 31.42 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" TO SAID SOUTHEASTERLY LINE OF PARCEL 19; THENCE ALONG SAID SOUTHEASTERLY LINE, THE FOLLOWING COURSES: NORTH 67°29'31" EAST, 347.98 FEET, AND NORTH 56°14'31" EAST, 85.30 FEET TO THE POINT OF BEGINNING . 1125922 PAGE 8 • J i, I' " ,. (Conditions and Stipulations Continued from Reverse Side of Policy Facel 2. (a) Continuation of Insurance after Acquisition of TItle by Insured Lender If this pohcy Insures the owner of the Indebtedness secured 1:'" the Insured mortgage. this policy shall continue In force as of Date of Policy in favor ot such Insured wno acquires all or any part of said estate or Interest III the land described In Schedule C by foreclosure. trustee's sale. conveyance In lieu of foreclosure. or other legal manner which discharges the hen of the Insured IT:')rtgage. and If such Insured IS a corporation, ItS transferee of the estate or Interest so acquired. provided the transfere~ IS the parent or wholly O'lvned subSidiary of such Insured. and In favor of any governmental agency (;r Instrumentalltv Which ilcqulres all or any pJrt of the estate or IIlterest pursuant to a contract of Insurance or guaranty Insuring or guaran- teeing thl: ,ndebtedness SfKured by the Insured mortgage Aft~r any sucr, acquIsition the amount of nsurance hereunder. ~x':luslve of costs. attor- neys' fee, 'lnrJ expenses which the Company may De ob,igated to pay. shail not E:xc.e' .(j ;h e least of (I) th<; amr'unt of Insurance stated m Schedule A. 'II) the arl'ount of the unp;:lIo pnnclpal of th'3 indebtedness plus Iflterest thereon .. :; rietermlned under paragr'3ph 6(a) (III) hereof expenses of fore- '~Iosure iii' d a:nc)unrs aavanced to proll'Jer the !,en of the Insured mortaaae .3no ser;w',d by said insured mortgage at the time of ,.;cqulsltlon of su~h f!statp. or :rt<:-rE:st In the land; o~ (III) thi" an' "Jnt paid t:ly dny cjovernmental agency or Instrumentailty, If Su:::h Jg~nc'l r r !nstrumentalltv r'; thA Insured claimAnt. In a<:"CUISltion of sucn t~statE: ')r "{E:rest In sdtlsfac:t'c:,n I)f Its Insurance r:ontr3ct 'Jr gUdra0ty (b) Continuation of Insurance after Conveyance of TItle ;fI~ '~I)V:~' Jq~= 'If ~~tS P(~llI.·; ~~r.C1:: .-. ,ntlnu..-: !f1 f':,r::e:J~ cf Date of Pf)ill:Y. In t:·p/nr 'Jf ;1' IrSIJr .. :,d SG !(jng .~s :,u,~h lfl·)uu~a ;(-:tarns ;~n G,:tJte or intArest :1"' rhf: :~r,d . r,/.'r:s dr: InC1F'Di.:~(jn~·~s ";~.r'.Jrc·d [)y t1 pur'~n,;"js~~ 'r,(jnRV rn()rtg{)q~ .Jt'l,~q GV " ~)I..;r-:n3ser frr,rr S'Jl.r TiSu'8Cl :',r ';('; !Gru dS Slh~h d"slJred .::,n..1l! h,JVI-? ~ .. -3r:j ;y uy r~:as'-~n f,f :'::""";io"1f';t'3 " f ':. ":Irr,'Jf'ltv m ... .:-.at7 0'/ Sl.Y':t'': InSlvr.-d 'r: :iny trJn~,' -r ')r ':cn'v8ydn'_~ ' ... sul:r; ~st]t·:: ')( Intt-:rt~s.t ~Y(";"ld--=d h(y:;~~ve:'" th!S 0811(',-,:;;t'all (l()t ':'CJntlnl.)i} In f0f'_'~ :n t;3' ... ~_,r of .-]ny o';~-:n·lser from St..1Cl :1Sured co ~:,frig S;jld ':;S!clU: r;.r ':l!~~rpst ~ir !h~ .n(jebtedr.oSSS secured ova QUrCnfiS-:-Y)c!~t-y fI'(:rtgCJg'-: '].'"r-.p !,~. suer. ,nsurf:C 3. Defense and Prosecution of Actions-Notice of Claim to be Given bY'an Insured Claimant 101. The (.:· .... pany. at Irs '),',n C'~s: anl1 ,""thr;ur undcJe delij·l. shall prOVide for th., defen ,!? of i1n InSur"d n ·'tIOiltlr;n to t'le ",\tern tha: such !:tl(Jatlon Involves \In allegea def8ct lien -..;n.cumoran(~e ()r otr"1cr m,gtter msurea agalns~ Oy j .... l$ polICy fbI The .[1' ..red shall not.iv thp Ccrr>pclnv promptlv in Wfltlrlg i') In c"se of any Iingat· . n as st't forth!n la' 3(\0\" ,,,I:n C.'lsp. ,po\v:£::ag8 shaJl corne to an 'nslJred h,·reunder of any ,;Ialln c,t t,t'e ')r Interest 'hh'ch IS adverse to the tltie to th,:: ':;stelte or Interest ,~r tnO? IIe'l ,)f me Insured rr>ortgage. as Insured. and whl,-n .nlght rause 1055 or camiige fr)r V'.hich me Company may be ;,abie by v,rtup. of thiS polrev. ::r ",.) ,f t'tl~ to thi' estare ()r Interest or the I:en of the :ns·;r~d mortrpqe. as ,nSLlrerJ IS rt~,ected as unmarketablE; If such prompt nr::ce shall not be C)'vt"n to the Company. then as to such Insured all :,abd,ty ()f :ne Company shail cease and terminate In regard to the matter or matters {,r \'.hlch such prompt notice IS recUirea. proVided. however, that failure ro 'l()t:fy shall In no case preJUdice the nghrs of any such Insured under thiS policy unless the Company shall be prejudiced by such failure and then (',nly to the extent of such prejudice (c) The Ccmpany shall have the nght at Its own cost to Institute and Without undue de',1Y prosecute any action or proceeding or to do any other act which In ITS op,nron may be necessary or deSirable to establish the title to the esrare or Interest or the lien of the Insured mortgage. as Insured. and the Company may take any 3ppropnate action, whether or not It shall be liable und"r the terms of tr>IS pohcy. and shall not thereby concede "ability or waive anv proVISion of thiS poliCy (d) Whenev,;r the Company shal( have Drought anv action or Interposed a defense d:'. rt'flu,red or pprmltted ov the preVISions of thl'3 policy. the Com- pany may aursue any SUCh !'\Igatlon to fmal determlnallon bv a court of competent IU'ISClctlon and e\presslv reserves the rlgnr. 'n Its sole a,scre, lion. to ap(:(~al from dny ,ldverse ludgment or order. (e) In alj CJses where thiS poliev permits or reaulres the Company to prose- cute or prOVide for the defense of any action or proceeding. the Insured hereunder shall secure to the Company the nght to so prosecute or prOVide defense m such aClion or proceedinG. and all appeals therein. and permit the Company to use. at ItS option, th-p niime of such Insured for such pur- pose. Whenever reauestea Oy the Company. such Insured shall give the Company. at the Company s expense. ail reasonable did Ii 1 In any such action or proceeding In effpctlng settlement. securing eVidence. ootalnlng ~, -.. ' Witnesses, or prosecuting or defending such action or proceeding. and (21 In any other act which In the opinion of trle Company may be necessary or deSirable to establish the title to the estate or Interest or thp. lien of the Insured mortgage. as Insured. Including but not limited to executing correc- tive or other documents. 4, Proof of Loss or Damage-Limitation of Action In addrtlon to the notli;es reqUired unaer paragraph 3(b) of these Condl tlons and Stipulations. a proof of loss or damage. Signed and svvorn to by the rnsured d,ilmant shall be furnished to the Company Within 90 days atter the Insured claimant shall ascertain or determine the facts glvlnq nse to SUCh loss or damage. Such proof of loss or damage snail descnb8 the defect In. or lien or encumbrance on the tlt!e, or other maller Insurea against oy thiS policy which constitutes the baSIS of loss or d.3mage. and. when appropn, ate. state the baSIS of Cillf:ulatlnq the amount of SULn loss or d3mage. Shouid such proof of loss or damage filrl to staTe facrs suffiCient to enablf' the Company ro determine ItS liability hereunar;r Insureo clatf11an! "t thE- 'Mitten request 01 the Compilny. shall furniSh 5u['h addltlonaJlniormatlon as may reasonably oe neceSS'3ry to make such deteroTlinatlon ~w right of action shall accrue t'J Insured claimant until 30 days Jlrp' such proof of loss or damage shall have been iurnlsh"d F.1dure to furn!~,h sucn proof of loss or diJmilge shall terminate any liab,!lty 0)[ the CUrr>pany undo?r thiS pO":::y as to such loss or damage 5. Options to Payor Otherwise Settle Claims and Options to Purchase Indebtedness T~'? e,rr,pany shail'r,ave the nptlon to iCay for oth"r'.vlse settle fo~ cr In the name of illl Insure(] f.!3Irnilnt a'ly r;131m Insured aC)3trSt .. )[ tt) tem'l:.dte ad liability i-1'1d oOI:gatl'::-ns tjf th~~ Cornpany her':lund~;r C', PdY~rlq :)r' t(~ndE::'rtng Pd'trrt-;lr-t 0f thl,: ,rr:GtHH (,.If Insurance under thE') C-... 'f'V V:G':..)thE-!'" '/"nh .lnv ·::.stS. 3ttG(n~ys' ~t~ .. ~s dnU ~<P!-nses If'(,u .... ,:.!d "":l' F: lr~ t ~~") of SLlI.r. PdV rr'2nt r)r tendt:r of paym!,:'nr cy thf-; :nsurtld ~.\llmv·\~ .]'10 JutlI.0(1l'"~rJ r)v Ir.~' Companv in (~ase !')SS or darrl,H]e lS C!.J.;n£:O un(J~·r!h s p-::-}!icy by th~ 0\/\ nf~r :)f thr: .r'JeDtedness SP'(,uff:d bv thp Insurl:lC morr:-}3gt='. the Comoar·v snail have the furthAr GPTlon to purr:h(]S8 su('h Ifldc[)t:"" dress for the ;·Hnou~·t ')'/'1 r)g ~rereon trqether v .... ltn JF cr;STS. atl,.)rr.p.vs frp.S ar1C1 PXPfTIS2~ V'~hil:~1 the ("mpany ·s ':"'I!9<Jted nereunder te pay if th" C:crr>DJny off-'s 1(' au', ::hJse said 'ndt-c~"dness as hu r81n ornvioed. ~'l+:-1:\\ i'~r cf su~r: :nO..lt1t',jd· n,:;ss shall tr3ns:-··r dnd assign SJid Ir)d~btednt·ss ,,:;00 lhe 'ncrtgag':-:-Jnd an\' collateral secu'·rc; the SWllP to the Ccmcanv uOG'l payrnf'nr tl-;r,r0ifJr .1S hE-rein orovldeG : .. ,pen SUCh r.ff8~ oel:lg rnaa(;; Ov the C,.'rnpany :ll; "lotiny And obligations' f rh8 Cvnpany hereunder to thE-' o·.vner of th,::, In,jeotecl- ness secur~d bv s,lla ,nsurpo mortgJge. Other th"n thr, Dbilgdt,(,'l to pur· chase said Ind',bteaness pursuant to thiS paragrapn Gre termlnatl.'c1 6. Determination and Payment of Loss (ai The liability cf the Company under thiS policy shall 'n no ,:ase e\c~ed the least of III the actual lass of the Insured claimant. or (II) the amount oi Insurance stated In SCht'dU!<> A.. ·.)r If .,pplr, ,101". th" amount of Insurance as defined In paragrilpn 21<11 h,;r,,()f. ,~r (III) If thiS poliCY Insures the owner of the Inaebtedness se:cu'ed bv the Insured mortgage. and provlaed said owner IS the Insurea Claimant. the amount of the unpaid pnnclpal of said IndeOtedness piUS rnterest thereon proVided such amount shall not Include any addltlonai pnnClpal Indebted, ness created subsequent to Date of Policy. e.xcept as to amounts adviJnced to protect the lien of the Insured mortgage and secured therebv (b) The Company will pay, In addition to any loss ,nsured dgalnst oy thiS policy. iJll costs Imposed lICQn an Insured In litigation carned on by the Company for such Insured. " .d all costs. attor'1eys' fees and expense,; In litigation carned on by such Insured With the written authOrization of rhe Company (C) When the amount of loss or diimage !las been definitely fixed In accord· ance With the conditions of thiS policv. the loss or damage shall be payaole Within 30 days thereafter 7. Limitation of Liability No claim shall ans" cr De malntdlrilblp undp, rh!,; POIICV I,ll:f the Cnmpclny. after haVing rer:elved notll'f: of ,In allegr:d dpf,'ct. 1'8n or encumtrance In, sured against hereunder. by litigation or :Hherwise. removes SuCh dulect. lien or encumbrilnce or establlshPs the title. or the hen of the Insured mortgage, as Insured. wrthln a reasonJble tlrnp .'llrer r;ocelPt of such notice. fbi In the event of litlqatlon until there has oeen a final deterfTllnatlon by ii court of competent i~nsd:ctlon and CISPllSltion of all appeals tlwrefrom, adverse to the tllIe or to the II,'n of the Insurf,d mortgage. ,,"i In<;Ulpd. dS prOVided In paragraph 3 ~erpnf Of (::) for I'JoJiltv vGluntan;y iJd~itted Gr assumed by an Insured Without pncr v"mtten !;c,nspnt (If 1'1P (omp.lny. (Cond'llons and Stlpul,JrI0r1S Continued and Conl'luded on Reverse Side of ThiS Page) i''C~H'~'tlOn~ and StIPuiilll'.>n:, C"nLflUeC .lnd cuncluololTl R",,,rsc Sldt' :--1 Tr"", Page" 8, Reduction of Insurance-Termination of Liability pnonty pi the ",'n oi thE-' Jrlld mort~~iJg0 The COITlO.1ny sh.ill lll' ;'lIS'C,· All payments under thiS pCllicy except pdyment mad\-' fe'r LOSts attor!"'eys· gated to and bt: entitled to ai' 'Ignts and remealc'" .. , hie!"' Sue·n InSurc"j fees ilnd expenses shall reduce tht' clmoLint of tilt' Insurdnce pro t.'lntc·. clalm~nt would h:lVe hCld ag,lJnst ilny pt-'rson or propr:'rlv In rpspe~ : Ie.' ~u::;" ·provlded however. If tne owner 01 the mdf'btedness secured bv tht-' Jrl. cl.1J(r. hdd th's POII(;y not b<>"n bsued. and U1<:' Cr,n,panv I~ nf'reov dU sured mortoClQe IS an Insured hereundpr tIIen such payments. pfl()r to tht:' thorlzed ilnd ,>mpowt'red to S:Je'. comp'0mi<;e or setn">'n 1\5 ndrn,·, 'In ;h·" acquISition Zlf title to said estate or Intt'rest as provided Ifl pdrawaph 210 1 of narnp c-f tt)E' ,nsured In th'_' fuil c" tpnt c'( t!1t' 1('~5 Su,t" "'.'u bV ih, ( lP1pan\ thesp Conditions and Stipulations shall n0t reduce pro tanto tne amount of If reoue<;:t:o by :n,· Cornpilf1l, :toc' Insure(i sh,,11 ,",('CUe'! i-lnv ,!nd ',(z...:u· the Insur;Jnle affordi?d herc:under as to ilny such Insured. t'XCE'ot to the mcnts tn "Nlopncp tnL' \,·th,,: S0Dr00J1Jr'n If P;e' Oil'(!"'l"n; do,'" I : '.'\..>r f'\.t~nt that such pavrn,:~nt'S reduct' tht:' Cin1()Unt of thp Ind~btpdn0:;,S St.:'· tht' loss Clf surI11nsup ... ·c.1 CL:ilnl~l:~: tfp-' Cr.mp-H:v stld[' t I( :,:.Jnr(J~l,-jl· .~: -suo tl curoo b\· sue h mortgage n~lht~ dnd rc·rnt'dl:.H 5 Ir"J tr",_, [y, 'p r:l:-11 'v\ h. 'n <lt0 p ..... 'l11 ·nt Dt-'.-I .... !,' ~hl' PayollJllt In f~JII by any pprson ()f voi;,;nt.iry satisfactIon or rpleast=-r! tht"' Anl')Unt of ::dld iC's~ out ~LJ.·' ~ ... :t)~ J~jdt::-.n c:..h.,il tH_l .. ~ .... J~( '':1:I1.!~ I) ~, •• :H) InSlHeo mortgage shalllPrmlnat" all liability clf the Company to an I(ISUft'O InsLlrt'd mort;:ld9t:' if 'uss <,no a,·el [':SUi! 'r,' ~T' .lIN " ' ':.: c·u.' ,,~.;,,>(j 01;\ ner d the mdebtpdness secLired by tf'e Insured mortgag", except as cli1lll1dnt su,:h old Shilll not ,~·~d tnl:' p·Jil~'V, Out tnt-( .. 'n·,pz;ny In t" ,t "v"'lit. provided In paragraph 21a) hereof "hdli dS to SUl"n InsurHl (i..JIIn,Hll IA· requtr,-d k: p." i "nil tn,!: lJ,;': cof any !OS~E.':-tr)sur(?d ayatnst hf'r~.)und~'r V\·hlC h Sh~lii ~XI P!;O tt)t,., ,.Ip'·unt If an\,. lost to tnt"' (ornpJny Qv r~';,ls()n CIt n',f:' InlpaJrn~I:~qt (,t tr,t '1~~'1t c,f 9, Liability Noncumulative It 15 expressly understOOd that the amount of Insurance under thiS policv as to tile Insured owner of the estate or mterest l'overed by thiS POliCY shall be reduced by any amount the Company Inay pay unoer an~' poliCy InsLlnng lal a mortgage shown or referred to In Schedule B hereof which IS a lien on the estate or Interest covered by thiS POliCY, or (bl a mortgage hereafter exe· cuted bv an Insured which IS a Charge or lien on the estate or mterest described or referred to In Schedule ~ and the amount so paid shall be deemed a payment ur:der thiS polley The Company shall have the option to apply to the payment of any such rncrtgage any an10unt tnat otnerwlse I;\culd be payable hereunder tc,the Ins,J(ed olt.ner 0f the estate 0' Inte'rest COvo;'rt"d Dy thiS policy "nd the "mount sc p:lld shari be oeemed a payn)ent unCE:-f tn-s pOlicy to scl,d InstJ!t,d ......... 1/\ npr Tht' preVISions cf tnls paragraph 9 shall not ODP'V to an owner cf the Indebt· edness seculed by the msured mortgage. uniess such Insured aCQuires tltl'e to said estal!j or Interest if) satisfaction of said IndeDtedness or any part theff'O! 10. Subrogation Upon Payment or Settlement \'</henevPr the Cornpanv snail haVE: pa'd ur settlea a c:alm u nde~ this pOliCY al! "ght of subrogc1tlon ~nall vpstlfl tn(; Compaf1\ una!fec!ed Dy dn'y' a:1 of tht., Insured claImant, except thAt the ovvner rof the rndebtedrtess sec!.JrE:-d bv :he Irsllred :nortgage may re'pas" or SUDSli\ute th(; oersonai :1:JOII,ty cf any debtol or gUnrantor f)r !?xtend r·r (":trl'·rl,/:lse rr.(iddv tn~ t!7rrr,s , ... f P~lY­ m~nt, or rpiease ~l P()rt!0~ of tne "~S!-1tf' t .. r Ir.t€·rp:-.t f~,:r:'" tr.!.:, ,I(-r, ':,f tt"11? Ins~]"::-(: n"l(~rt9=19l"-:'. ;)r '':-~I!:asc anv ~:':"·!:.~tt-,r'j; SC_}CUr'ty te.!'" Hh_" :ndo::: ~-=Gn(:,ss prC\IG~d Surh B( t uC:,urs (lfil)r r J ;F:'~CiO! by SUCh Ir1~Ur~")c~ (.f nor"':t: .::;f any cla'''1"1 CIt tit!£:. r:r wt~:r~"'St 3dverse tn fr;t": tltl€: t":, tne t"'1.,.:att' r*)f !n!t'''~S~ rr tn!:-' priority of the l,pr, ('}t the Irjsure(i m,-)r!(]39j:..>3nd d'Jf-'S i'e t r~~c:;ul! "'-"f'\ I:-'S:S (.f 1'.) ~ -\j m -I c w n' .::.,.: r C 0 coS" CD o .., '::c '; ~ -I N -.. =-;:;: ":"":..D'f. CD Ci) ~ .. N ::r Ou-.-.j=; S-o· (,C (t. OrJ"-.) Vl }.> OJ c; g .., (0 III 0 ~ ;j 0 () 0 CJ CD (Q 3. ("') 0 3 '0 III ::I < 0 ... ("') III ::;: 0 .., ::I iii' subrogation. . 11. Liability Limited to this Policy ThiS Instrument together \\ Itt> JI' endors~rnents and r!l,e·r Instrull'en:s. If any attach,"d npreto by tf't' COnlpaAY IS the ent,re pnlley ilnd ccr'ract be· tween the Insured and th" Conlp<lny. Any ciilim of lOSS O:;f damiJOt' \,-!"',otner or not based on negli~1f:nce dnd ,'.hlcn anses out of tne status of tlW il£'r: Cof the In~ured mortgage or of the (,(Ie to me es tnll' or Intere" t (.ovprtJ 'kr, by, or ilny artlon assei(lnq sucn ciaHn shdll De restricted to thE' prov·s.( ns and CondJllons and Strpul;tlons of thiS pOlicy NJ.) <HTh?n(jnl ... nt ;)f or endor':;f-'ment t::J thl~: PC11~:'V c~r. ue rnad€.: f'\C~Gt bV V\ (ltl(19 enuors~d t"1t-'rpon f.):' Btta .. :hed hf;'roto slgn'"'!d tn: either thf-' F'r~·s,a..;nt. a Vice Pr~Sldt-'nt tbt;; Sfl (..r,ltArv. (In 4Sslstdnt ~e' il:'tary O~ vaIJOZll:: ,....J c~i,( f>r or autnorlZf:O signiltory Cl tht' ((,n·lpan,. ~ NC.1 PJymcnt sndli be fTl:30(.l \\ 1~1'10U: produ·:mg thIS PI..I!ICY for eno\' ~sef'Tit-·nt of SL..ch paympr;t unif:SS th,:, P0',Cy UW ICst or aesHoy-so 'n .... \r,lct' c : .... ":" ~}r0of of SUCh loss or destru...:t~~:n spa.!! De f~Jrnlsh~d to ~l'v:, s3tlsfact:~ '1 = .. tne C0n~Pdny 12. Notices. Where Sent A~, nrt' :'J_:~:' rt'\;u.r~:j t( .... t'":. ?'\ t-r-tnt:' ( . ...,.... C:lnv Jf'oj :-:."'l\ ~ ::I:-·""·,'::(1t . ':, ~1!JrC r7-'UU're(j :'. h,:' ~,jrnl~ht.·d v ......... C HYlPe:n\ Sr.,jli tIl:. .I(jar-:·~~~·d H " ~ .. n',:Pdi I ... )ffl(:~' C":I'-:':-DE·~ . .h; .. tP--. t~.: 6308 .. tv. ~~)., 8:-J'; t-'\.l::! P: ... : ~ . ~·27:;2. u s !\ll;Ji~:~-s Cr:l,f -'rr: ':;OC)': 13. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE CHARGE FOR TITLE SEARCH. TITLE EXAMINATION AND TITLE INSURANCE. -t -I -I n ,... 0 m jJ j .me AND WHEN RECORDED MAIL TO 'Carlsbad Pacifica Associates~ a California limited partnership c/o .Meister Development Group .~ Grantor is controlling Gel,l:r" 1 Fartner of Grantee. No consideration was paid by Grantee. ~~~!u Four Upper Nevrport Plaza Newport Beach, CA 92660 -" s .;.. , :~e& LAttn: Chris Call, EsC]. .-J ~ MAIL TAX STATEMENTS TO 'Carlsbad Pacifica Associates~ arne a California limited p::rrtnership c/o Meister Development Group ~~~~s Four Upper Newport Plaza Ne\,-port Beach, CA 92660 ':~,,& L~' ttn: Chris Call, Esq. --.J j Z ~J t-« Il. ------------------....J..-;;r---SPACE ABOVE THIS LINE FOR RECORDER'S USE---- Individual Grant Deed CAT. NO. NN00582 TO 1923 CA !2-83) THIS FORM FURNISHED BY TlCOR TITLE INSURERS The undersigned grantor(s) declare(s}: Documentary transfer tax is $ -0-no consjderation (xxx) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (xx) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Howard W. Meister, II , a rrarried man, as his role and separate property hereby GRANT(S) to Carlsbad Pacifica Associates, a California limited partnership, the following described real property in the City of Carlsbad County of San Diego , State of California: Parcel 14, in the City of Carlsbad, County of San Diego, State of California, as shown on the map filed in Book of Parcel Maps at Page 11457, in the Office of the County Recorder of said County. <"f Dated: __ D_e_c __ e_mb __ e_r __ ~~ ___ ~I __ l_9_8_5 __________ ___ STATE OF CALIFORNIA ) -O .. N....,.' '"'~~-¥.~~ Los Angel es >-ss ~ vI I 1 "n" -J>A.,.Q-X.,.QA..QiQi..tJ;".::l:l..r>.4J\ _______ ~ ____ ) • On December 20 , 1985 before me, the undersigned, a Notary PublIc in and for said State, personally appeared Hm.,rard vi. l'leister, II personally known to me or proved (0 me on the basis of sat- isfactory evidence to be the person_whose n:lme-...£/.:,,s __ subscribed to the within instrument and acknowledged that he executed the same. WITNESS my han d official seal. II • OFFi;lAL SEAL ..' -. LUANNE ..... GIANNELLI Hemry Publlo-Califomla LOa ~ CX)(J){ly My c-.n. £$ .... fT, tteS n· .. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ) ) ) ) ) ) Space above this line for Recorder's use Documentary transfer tax: S No fee /wZ/C;~ Signature of declarant determining tax-firm name City of Carlsbad 02 / 0 -t? '7 tJ --3 9/ if' 0 Parcel No. 17 and 18 of Parcel Map 1145~ AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 31st day of __ J_u_l ... y __ , 1 9 8 S- by and between Meister Development Group --------------------~~--------~~------------------------------- (name of developer-owner) a corporation , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 4 Upper Newport Plaza (street> Newport Beach, California 92660 and TBE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WIT N E SSE T H: WHEREAS, Developer is the owner of the real property described on Exhibit "A:, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: REV 4-2-82 • on said Property, which development carr1es the proposed name of Pacifica Business Center and 1S hereafter referred to as "Development"; and WHEREAS, Developer filed on the-lOth day of June 19 85 , with the City a request for PUD-17 (E) Meister - Request for approval to construct three research and development build- ings located on Avenida Encinas south of Cannon Road. 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 serve 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 is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated April 2, 1982, in file with the City Clerk and incorporated by this reference, and that the City's public facilities and serV1ces are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has 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 is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. -2- REV 4-2-82 " NOW, THE RE FOR E • nco n sid era t ion 0 f the r eet a 1 san d the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee Ln 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. Th is fee s hall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion 0 f 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 terms "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or 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 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 developme~t. 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. -3- REV 4-2-82 2. The Developer may offer to donate a site or sites for public facilities 1n lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer 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. 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 to comply with any requirements of other public agencies as evidence of adequate public facilities and serV1ces sufficient to accommodate the needs of the Development herein described. -4- REV 4-2-82 : 6 . All Obligatitts hereunder shall termina~in the event the Requests made by Developer are not approved. 7. Any notice from one party to the other shall be 1n 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 1S g1ven to the City of personal delivery thereof to the City or by depositing same Ln 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 1S given to Dev~loper by personal delivery thereof to Developer or by depositing the same 1n the United States Mail, enclosed 1n a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and ass1gns of Developer and the City, and references to Developer 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 Deyeloper should cease to have any interes~ in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have ~irst assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. -5- REV 4-2-82 · ,. IN WITNESS WHEREOF, this agreement ~s executed ~n San Diego County, California as of the date first written above. DEVELOPER-OWNER: Meister Development Group (name) / BY (::k. .' //!,ufj 7-~: It" .. :' ( 2>. f/Vi~ (/#.<:-( .... ·1 .-» ) Jejtjtette Engel J vi e President / /1 .J BY /A .... '., _. !/' 1/ . ,\ __ ~+-~~ ____________ ~v __ ~~'~~ ____ ~ __ __ ~9hn Martin _l:efident (Ti le ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) CITY OF CARLSBAD, a municipal corporation of the State of California BY --~~--~--------------------City Manager On August 13, 1985, before me, the undersigned, a Notary Public in and for said State, personally appeared John ~l. Martin personally known to me to be the person who executed the wi thin instrument as the President, and Jeanette Engel, personally known to me to be the person who executed the within instrument as the Vice President of corporation therein named and ~a~c~y~n~p~w~~~~~~~~~ to m~ that the corporation executed it. WITNESS my hand and official seal. EXHIBIT "A" LEGAL DESCRIPTION • cmNER APPLICANT Meister Development Group 4 Upper Newport Plaza Newport Beach, CA 92660 (714) 833-9110 Krormnenhoek/McKeown & Assoc. P. o. Box 82208 San Diego, CA 92138-2088 276-7710 .. ---- e }JI ~ I ....: ...... 4\LLE~. ~L\.Tln=--s. LEele G.UIDLE & ~l.\.LLOHY ··coe •• c. ~ ..... " .... .I ..... C 14"'._" ........ C ..... . .·c .... o c ....... ~ ... ... <e .... ~I.. .. _ .... . ... .".0 r; (I" .... . ... • ... 0 •• ,,~ .... , .... ••• & "".0' ....... , .. & ......... , ........... \ I· ....... c ..... ~iIt. , ....... C ru." • • 0.1.11' : ::a'_' ... ' • "'C ... C.. ..(<< ' .. 0 .......... '''f~. •••• 1:_ .. ~c .. , ... ' .. 0 ..... <III .. -...... ... •• '.'e_' .... ·C .. , .. ,,0.11:"_ II: ....... . 0'0_<)& • _ ........ Of .. ,,: ......... r a~c ....... ,_ ............ ." 0 .. .",0" ...... fO .. _o •• e. 4I .. ao_ • ... 0 ..... Co ••• -lO ..... c;t .. 00 ....... .. ..... c f:D .. C •••• cc oc ..... c ........... ... .. ...... -.lItc·" ... ........... 0 0 COAotlltoe ... I('_.C: .. C ""w .. .. ... c:: ......... c.C' ...... . .' ..... " Q ..... ' 1111.1: ........ .. ..... Cc.. c_" .... . 1:.......... ."OC) .. . •• c. ••• o •• , ... e_ •• ' .' .......... , ........ . 0 .... • .. « ..... , ... .. . '''0'' • c: ..... v.· .0 .... ' C ••• f' .. .. ....... 0 ....... . 0."-0 ................ . l .......... of .... ·c. ... , ............... ~. ,""., .... 0 .. 0 ... .... " ..... , ....... . NEWPORT BEACH, CALIFORN,A 926eO"":'999 TI:L£""ON£ ,71., e40'9900 TCL£COPtI!:A NO 171., e40·ol.311 December 6, 1985 Mr. Thomas B. Therrien Civil Enqlneerinq Department 1200 Elm Avenue CJrlsbad, CA 92008 Re: Mel s te r lear.1 sbad Commerc 1.<11 t:en ter Dear ~r. ~herrien: LOS "'''O(,I:S O""'CI!: s,s SOUTH I"IGUEROA 5TRI:I:T. £IGwrM "LOO", LOS ANOa:La:S, CAI..If'OA ... A 1l001O·J3911 '£L£""ONI: 1213, e2Z"'!\&!I!I Ta:La:x "0 ell·e228 ..... La ...... SA T£La:COPII:R 121J, eolo· •• ·e Z"'~ MAIL ""0 IZf3J eZ2-721Z weSTWOOO O"~ICE IOQeo WILSHIRE eOUL£VARO. surr!: 4~a \,,05 .... NG£LE5 C.AL,FOA""A '\iIIOOZ4-.Jeeo TEL.IEP~ONE (21.3 ..... 7 1-]5;81 M5519-003 Enclosed please find the most recent draft of the Agreement to Convey Easement Ln the above-referenced matter. ThlS .jraft conforms to the modifications requested by Dan Hentscnke l.n hlS letter of Decemoer 5, 1985. As per our t:ele- phone conversatlon of today, it is my understandinq that upon your recelpt of this Aqreement, it shall be revlewed for compli- ance with the modifications recommended by ~r. Hentschke, and the grading permit in the above-referenced matter shall be issued immediately glven that all other requirements for such issuance have been met. Thank you for your cooperation in this matter, and please give me a call 1£ you have any questions. KDJ:lr Enclosure cc: yours, Kenneth ~ohnson Ms. Jeanette Engel (w/enc~ via messenger) VIA'MESSENGER , , . " . AGREEMENT TO CONVEY EASEMENT THIS AGREEMENT TO CONVEY and entered into as of this and between the CITY OF CARLSBAD, corporation ("City"), and MEISTER corporation ("Meister"). EASEMENT ("Agreement") is made day of 1985, by a California municipal DEVELOPMENT GROUP, a California R E CIT A L S: A. Meister desires to develop certain real property ("Property") located within the corporate limits of City, said Property beinq more specifically described in Exhibit "A", attached hereto. B. The Property borders on a street within ~he corporate limits of City ("Street"), and the development plans of Meister contemplate access to the Street. C. It beinq ~he policy ~f City to limit ~he proliferation ot driveway accesses to the Street and other streets of City, the Planning Cocnmission ("Commission") ,)f City passed Resolution No. 2433 (attached hereto as Exnlbit UgH), which approved Meister's development plans, subJect to certain conditions, one of which (Condition No. 33) requires Meister to enter into an agreement with City tq.grant the owner ("Adjacent Owner") of adjacent property to the north ("Adjacent Property"), access over a portion ("Subject Portion") of the ?roperty for the purposes of a joint driveway. The Subject Portion is more particularly described in Exhibit "C· attached hereto. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of WhiCh is hereby acknowledged, City and Melster agree as follows: 1. In the event that the City Engineer ("Engineer"), or the City Planning Commission ("Planning Commission") or City Council ("Council") determines at some later date, not to be beyond the term of this Agreement, that the development of the Adjacent Property requires joint driveway access because there is insufficient alternate access or because it is determined that joint driveway access would better serve the public interest than separate driveways, then Meister shall grant an easement ("Easement") to Adjacent Owner over the Subject Portion to make such joint driveway access possible, subject to the ~erms of this Agreement. 0058U/M5519-003 dla:12/06/85 2. The City's determination that such joint driveway access is required shall be in the sole discretion of the Engineer, Planning Commission or Councll. 3. The Easement shall be located on the Subject Portion and 3hall be substantially similar in form and substance to the grant of easement attached hereto as Exhibit "0", (a) It is agreed that the plans of Meister for the construction of the driveway WhICh is the improvement contemplated upon the SubJect PortIon have been approved dnd that if. in the discretIon of the Engineer, the future development of the Adjacent Property reqUIres additional access, such access shall not be requIred over any portIon of the Property, and the expense ot the construction of such additional access shall be borne entirely by the Adjacent Owner. AdditIonally, in no way shall the additional access be situated so as to cause 1 reduction 1n parking spaces on the Property. (b) The easement shall be 1ranted sublect to the terms set ~o[th in Exniblt "0" .lnd shall speclfic311y prOVIde ~hat: (i) Adjacent Owner shall pay one-oalf (l/2) of any maintenance applicacle to the maintenance Jnd upKeep of ~he drlveway; (ii) Adjacent Owner shall reimburse MeIster for one-half (1/2) of the expense of the constructlon of the driveway; and, I I (iii) Adjacent Owner shall indemnify and hold Meister harmless against and from any and all claims for injury or death to persons, or damage to. or loss of. property ariSIng out of its use, operation or maintenance of the Easement or any improvement thereon. or the use. operation or maIntenance of the Easement or any improvement, thereon by Adjacent Owner's officers, agents, employees, invitees. permittees, lessees, successors or assigns. 4. It is agreed that Adjacent Owner is not a third party benefiCiary of this Agreement. which Agreement is solely by and between Meister and City. 5. The term of this Agreement shall be twenty (20) years. If at the expiration of sa1d twenty (20)-year term, the City has not made a determination that the development of the -2- Adjacent Property requires joint driveway access, this Agreement shall expire and be of no legal effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first-above written. -3- MEISTER Califor 8y: By: Its: DEVELOPMENT GROUP, a fa C{)rpo[Jtion I/_~-j , " I~if"" :'i'(·( ..... , 11'\- , { v CITY OF CARLSBAD, <i California municipal corporat:on By: Its: By: Its: • I LEGAL DESCRIPTION OF MEISTER'S PROPERTY Parcel 14 in the City of Carlsbad, County of San Dieqo, State of California. as shown in the map filed in Book of Parcel Maps at paqe 11457 in the office of the County Recorder of said County. II EXHIBIT "A" -4- ~. DESCRIPTION OF SUBJECT PORTION Beginning at the most Westerly corner of Parcel 14 of Parcel Map No. 11457, in the City of Carlsbad, County of San Diego, State of Californld, on file in the office of the County Recorder ot said County, of said State, said corner formed by the intersection of two courses: North 39 41'59" West 22.31 feet (North 39 41'49" West 22.29 feet per record) and North 61 25'05" East 251.19 feet (North 61 24'41" East 251.13 feet per record), sald corner also being the ~RUE POINT OF BEGINNING; thence, leaving sald corner along ~he Northerly boundary of sald Parcel 14 North 61 25'05" East 81.15 feet (North 61 24'49" East per record); thence, Leavinq said boundary South 28 34'55" East 28.02 feet; thence, South 61 25'05" West 5.00 feet; thence, South 76 29'20" West 77.57 feet to a pOlnt on the Westerly boundary of said Parcel L4; t:hence, .donq the Westerly boundary North 39 41'59" West (North 39 41'49" West per record) 8.00 feet to the TRUE POINT OF BEGINNING. , , . EXHIBIT "c" -5- EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (MAgreement") is entered into as of this ____ day of I 198 , by and between MEISTER DEVELOPMENT GROUP, a California corpo;ation ("Grantor"), and ("Grantee") . R E crT A L S: A. Grantor owns certain real property located in San Diego County, State of Californla, more particularly descrlbed on Exhlblt "A", attached hereto and by this reference made a part hereo:: (the ··Property··). 8. 'Jrantee ')wns certaln real property located in San Diego County, State <)t Californla, ;nore particularly rjescribed on EXhibit "8", attac~ea hereto dnd by thiS reierence ~ade 3 part hereor (the "AdJacent ?roperty"). C. Grantee deSires to obtain from Grantor and Grantor has agreed to grant to (~rantee, subJect to the terms and conditlons set Earth hereln, a perpetual, non-excluslve easement for vehicular and pedestrian ingress and egress purposes over that portlon of the Property which IS descrlbed in Exhlbit "C", attached hereto and by this reference made a part hereof (the "Easement Area") for the benefit of ahd appurtenant to the Adjacent Pr8perty. NOW, THEREFORE, in consideration of the foregolng recitals and ~he covenants and conditions hereinafter set forth, and for ather 100d and valuable consideration, the receipt lnd sufficlency 0:: which are hereby acknowledged, the partles hereby agree as follows: 1. Grant of Easement. Grantor hereby grants Grantee a perpetual, non-exclUSIve easement and right-of-way, and incldents thereto, for the benefit of and appurtenant to the Adjacent Property over the Easement Area for the purpose of (i) vehicular and pedestrian ingress and egress to and from Avenida Encinas to the Adjacent Property; and, (ii) the maintenance, repair, replacement, restoration, and cleanlng of the Easement Area, and ingress and egress in connection therewith. 2. ~xclusivi~y. The easement granted hereunder is non-exclusive and snail be used in common by the Owners of the 0059U/MS519-003 th:l2/02/85 EXHIBIT "0" Property and Adjacent Property, and their officers, agents, employees, invitees, permittees, lessees, successors and assigns. 3. Reservations. Grantor hereby reserves and excepts from the grant of easement herein, the right to use the Easement Area for any and all lawful purposes, including, but not limlted to, (i) vehicular and pedestrian ingress and egress to and from Avenida Encinas to the Property; (ii) the ffiaintenance, repair, replacement, restoration and cleanIng of the Easement Area, and ingress and egress in connection therewith; and, (iii) the right to grant other easement rlgnts in and to the Easement Area. Such supsequently granted easement rights shall not substantially interfere with the easement rights granted hereunder. The easement herein granted is subJect to: (i) general and special taxes, assessments, and unpaid bonds; and, (ii) all covenants, conditions, restrictions, reservations, easements, rights, rights-oE-way, and other encumbrances now of record, or as hereafter may become ot record, WhlCh do not adversely affect Grantee's use of the easement in any unreasonable and substantial way. 4. ReImbursement for Construction Costs. Concurrently wIth the grant :)t ~hlS ~asement, Grantee ~nall reimburse I;rantor for one-half (1/2) of the cost of the construction af the improvements over the Easement Area, as constructed 'In the date hereof. Construction costs shall include all costs Eor labor, materials, permlts, construction interest, architectural, contractor and englneering fees and attorneys' fees for preparation of documents, including but not limited to the documents necessary for the creation of this easement. Within ten (10) days of the date hereof, Gr~ntor shall supply Grantee with a written statement setting forth the above-mentioned construction costs. Grantor shall have no obligation to grant the easement contemplated herein if Grantee does not pay its share of costs in a timely manner. 5. Maintenance ~f Easement Area. Subject to the reimbursement as hereinatter provlded, Grantor shall be responsible Eor the maintenance, restoration, repair, cleaning and replacement of the improvements to the Easement Area, and shall use reasonable efforts to comply with all applicable governmental laws, rules, regulations, and ordinances in connection therewith. Such maintenance, restoration, repair, replacement and cleaning shall include, without limitation: (a) maintaining any surfaces in a level, smooth, and evenly-covered condition with a type of surfacing materiaL orlginally installed, or such substitute as shall, in all respects, be equal in quality, use and durability; -2- (b) periodically removing all papers, debris, filth, refuse, and washing or thoroughly sweeping the area to the extent reasonably necessary to keep said area in a neat, clean and orderly condition: and, (c) placing, keeping and repair, and replacing any necessary directional signs, markers, and lines. Grantor .. and (,rantee shall each pay for fifty percent (50%) of ·the costs and expenses of so malntalning, restoring, repairing, replacing and cleaning of the Easement Area (the ~Malntenance Costs M ). Within ten (10) days of Grantor's, or its successor's demand therefor, Grantee shall reimburse the Grantor for its fifty percent (50\) share ot the Maintenance Costs. Grantor shall furnlsh Grantee with a written statement itemizing the Maintenance Costs upon demand. In the event that Grantee falls to timely pay its share of the Maintenance Costs, Grantee shall be subJect to an additional charge ("Late Charge") in the amount of ten percent (10%) of the total Maintenance Costs. The delinquent payment for Malntenance Costs and the Late Charge shall bear interest thereaiter at the maximum rate allowable at law until paid. Should Legal ~ctlon be instituted 3gainst Grantee for :he payment 0f such ~alntenance Costs, Late Charges and interest accrued tnereon, Grantee shall also be liable for actual attorneys' fees and other expenses, if any, incurred in collecting sucn ~mounts. Grantee, by acceptance of a deed or other conveyance, regardless of whether it shall be so expressed in any such deed or other conveyance, is deemed to covenant dnd agree to pay tor fifty percent (50%) of the Malntenance Costs in accordance with this Paragraph 5. The portion of the Maintenance Costs and the Late Charge tor which 'the Grantee is liable for hereunder, together with interest thereon, attorneys' fees and court costs, snall be a continuing lien upon the Adiacent Property and ~ay be enforced by suit or by sale under the power of sale (which power is hereby granted), or by judicial foreclosure 0r any other manner allowed by law. Any exercise of the power of sale provided for above shall be conducted in accordance with Section 2924, etc., of the CiVll Code ot the State of California applicable to the exercise of powers of sale in mortgages or deeds of trust, or in any other manner permitted or provided by law. First American Title Insurance Company is hereby appointed as trustee in connection with any exercise of such power of sale and fee title to the Adjacent Property shall be deemed to be vested in First American Title Insurance Company for purposes of any such power of sale. Such Maintenance Costs and Late Charges, together with such interest, costs, and attorneys' fees, shall also be a personal obligation of Grantee at the time the same become due. The personal obligations shall not pass ~o the successors of Grantee unless expressly assumed by such successors. In the event Grantor fails to maintain the -3- -"':.'.", -- Easement Area as set forth hereinabove, Grantee's sole recourse shall be to assume such obligations upon 45 days notice to Grantor of such intention and Grantor's failure to cure such failure to maintain within said 45 day notice period. 6. Insurance and rndemnification. Grantee shall indemnify dnd hold Grantor harmless against and from any and all clalms for injury or death to persons, or damage to, or 1055 of, property arising out of its use, operation, or maIntenance of the Easement Area, or any improvement thereon or the use, operation, or maintenance of the Easement Area, or any improvement thereon by any of its officers, agents, employees, invitees, permitte~s, lessees, successors or asslgns. In connection therewith, Grantee shall at all times at its sole cost and expense, maintain a comprehensive, general liability policy of insurance, combined with comblned single limlts of not less than One Million Dollars ($1,000,000.00), wnich policy shall cover the above-mentioned use, operation, or maIntenance, any other easement rights granted herein and the Easement Area. 7. Liens. Grantee shall not suffer or permIt to be enforced against the Property or any part thereat, dny mechanIC'S, ~ater:almen'~, contractor'~, ')r 3ubcontractor's liens arIsing from or causea cy any claIm tor damage growlng Jut of the work of any maintenance, restoratIon, repalr, cleanIng or replacement of the improvements to the ~asement Area, or any other claim or demand ariSIng out of 3ny work undertaken by ~r on behalf of Grantee pursuant hereto, but Grantee shall payor cause to be paid all of saId liens, claIms or demands before any actlon is brought to enforce the same agaInst the Property, Grantee agrees to indemnlfy and hold Grantor"and the Property free and harmless from all liabIlity for any and all such liens, claims and demands, together with reasonable attorneys' fees and all costs and expenses in'connection therewith. Grantor reserves the right at any time and from time to time to post and maintain on the Easement Area sucn notices as may be necessary to protect Grantor and the Property agaInst liability for all such liens and claims. 8 . Covenants to Run With the Land. Each and all of such covenants, conditlons, easements and restrictions contained herein will run with the land whiCh is burdened and benefitted thereby, shall be for the benefit of the Adjacent Property and the burden of the Property, shall be binding upon each Owner of the Property and Adjacent Property, their respective successors, assigns, heirs, personal representatives of such Owners, including any and all other persons, firms or corporations having, or hereafter acquiring any right, title or interest in and to such Property or Adjacent Property, 0r any part thereof, and all benefits derived therefrom shall inure to the benefit of -4- the Owner of the Adjacent Property, and respective successors- in-interest, heirs, and personal representatives of such Owner, including all other persons, firms, or corporations having or hereafter acquiring an interest, title or right in and/or to the Adjacent Property or any part thereof. Each such covenant, 'condition, restriction, and easement imposed upon the Property shall constitute an equitable servitude in favor of the Adjacent Property with the Adjacent Property being the dominant estate and the Property being the servient estate. 9. Relocation 0f Easement. Subject to the approval of the City of Carlsbad, Grantor at its sale cost and expense shall have the right to relocate the Easement Area to such other portion(s) of the Property as Grantor may hereafter designate in writing in its otherwise sole and absolute discretion; provided. however, that Grantor shall be responsible for ensuring that the Easement Area as relocated (along ~ith any and all improvements located therein) shall be substantlally the same kind, character and quality as installed at and upon the Lnitial location ot :he Easement Area, and Grantor shall be responSIble for complying with all governmental requirements in connection therewlth. 10. Cancellatian. In the ~vent that access 1S created over the Adjacent Property or any 0ther property tndependent ~t the Easement Area ("Alternative Access"), WhlCh access is sufficlent to independently service the traffic needs of the Adjacent Area, thls Agreement wlll be cancelled by mutual agreement of the parties hereto. The Alternative Access shall be deemed sufficient if the Alternative Access complies WIth the then existing building andlor zoning ordinances of the City of Carlsbad pertaining to driveway access and has been determined to be sufficient by the City of CarlsDad. 11. Dedic~tion. The provisions of thi~ Agreement shall not be deemed to constltute a dedication for public use nor create any rights to the general pUblic. 12. General Provisions. (a) Any provisions of this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof, and such other provision shall remain in full force and effect; (b) Time is of the essence; (c) This Agreement shall be construed in accordance with and governed by the laws of the State of Californla; -5- -_ .. ' (d) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all such counterparts together shall constitute one agreement; (e) This Agreement may not be modified in any respect whatsoever, or rescinded, in whole or in part, except by written instrument executed by the Owners of the Property and Adjacent Property recorded in the Official Records of San Diego County, California. In addition, this Agreement may not be modified or rescinded without glving prlor written notice thereof to the holder or holders of any Mortgagee creating a first lien on the Property or any portion thereof; and, (f) The covenants herein contained and established shall be valid and enforceable for a period of sixty (60) years from the date hereof. IN WITNESS WHEREOF, the partIes hereto have caused ~his Agreement to be executed upon date and year :irst-aoove wrItten. "Grantor" "Grantee" MEISTER DEVELOPMENT I~ROUP I a Californ14' corporatlOn I /',,------1 8 Y : I ;:: /, ' r: 'I (y( (' 't By: By: Its:, + :' !/ . " .j (- v ------------------------------Its: -------------------------- ~----------------------------Its: -------------------------- By: ~----------------------------Its: ------------------------- -6- I I I' ! I I .... : LEGAL DESCRIPTION OF GRANTOR'S PROPERTY Parcel 14 in the City of Carlsbad. County of San Diego, Stale of California. as shown in the map filed in Book of Parcel Maps at page 11457 in the office of the County Recorder of said County. • I EXHIBIT "A" __ t. I l I i LEGAL DESCRIPTION OF GRANTEE'S PROPERTY , t EXHIBIT "B" .. "" C' ~f III i ~ • ASSIGNEE: CARLSBAD PACIFICA ASSOCIATES, a CalifOrn~~imited partnership ,I : .' By: Its: STATE OF CALIFORNIA COUNTY OF Lo~ ArJ61:r/IO ) ) SSe ) Date: On December Lo, 1985, before me, the undersigned, a Notary Public in and for said State, personally appeared _~~Q_W~M£VT~~~~ ____________________________ _ ________________ , personally known to me to be the person ___ who executed the within instrument as t!tEl:lr;&'H_7tff::r.i:J~_-__ of tee- partneE~ of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. CAT. NO, NN00630 TO 21946 CA (1-83) (Parmership) STATE OF CALIFO~IA COUNTY OF LOs. A~~I;.IES } ~. e OFFICIAL SEAL ,.' '. '. WANNE M. GIANNELLI Notary PublIc-caJitomla LOS ANG&LiI COUNTY My eonwn. !xp. June 17, 1. (ffJ TICOR TITLE INSURANCE On 'I>effi H~fJ2.-20 before me, the undersigned, a Notary Public in and for said State, personally appeared ..;.3i:w.Je-io<.z:JA.l:IW,"ffiJi&...I..L.;EIoo:.-...:£N=~<a~F::W.llko::-_______________ _ , personally known to me or proved to me on the baSIS of satisfactory evidence to be ~(rson who executed the within instrument as :;g£!l. 'J'AiU]~t tr.t paml~rs of the pannership that executed the within instrument, and acknowledged to me that such partnership executed the same. ::~~f~2h'~~ @) OFFICIAL SEAL ,., '. WANNE M. GIANNELLI Notary P'ubllo-callfomla LOa AHGELES COUNTY ." My Comrn. £xp. June f7,1Q8S (This area for official notarial seal) -" Recorded at the Request of: Carlsbad Pacific Associates When Recorded Return to: Carlsbad Pacific Associates c/o Howard W. Meister II Meister Development Group 4 Upper Newport Plaza Newport Beach, CA 92660 ASSIGNMENT OF EXCLUSIVE EASEMENT AND AGREEMENT TO MAINTAIN SETBACK AREA The undersigned, Meister Development Group, a California corporation ("Assignor"), hereby assigns to Carlsbad Pacific Associates, a California limited partnership ("Assignee"), all of its rights, title and interest in and to that easement described in the Assignment of Exclusive Easement and Agreement to Maintain Setback Area dated August 30, 1985, between Signal Development Corporation, a California corporation, and Assignor subject to all of the agreements, terms, conditions liabilities and restrictions therein retained, which document is being recorded contemporaneously herewith. ASSIGNOR: MEISTER DEVELOPMENT GROOP, a Califor~ia-corporation By: -iIc?:d# Its :1'{;;-I(7-1; /./..-¥-t-N ~ tt-D-IL/"!! I ( - STATE OF CAL IFORNIA COUNTY OF Las 46161:1.£5 ) ) SSe ) -r Date: , J I 71~'~ /1 <) - ! / On December~, 1985, before me, the undersigned, a Notary Public in and for said State, personally appeared jfo/)lA~ p fl). lJE IST6fL ) zr: 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 r!.HlJIJV-IAH Alit> Ceo of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instrument pursuant ot its by-laws or a resolution of its board of directors. WITNESS ~ and official se~. Signat~7h.~ -1- ., . - SITE VICINITY MAP NOT TO SCALE "'/ ~r TI1 II/lIeT" ..,rr . . , /' 'I: .I·/····"l"··(" U /., I. I .'1. 'i" .! ,\ .. ; A ( • ~ I' , ~ . ( , f f' • J . 1:1 L'lJ I I.', . /'1/ -\. .. , , i I I I I I I ..,. -N'l Y SOUNOAR r --FARC. L I·t p.~'I. j~O. IJ-157 FAR:£L 14 SCALE: ,-~ .10' RICK ENCJINEERINQ CCMPAr CIVIl. ENGINEERS BURV!! (ORS PLANNI e""" ~",A~ f"O "" I ["1Cl'O,r.A .1" _1~ .,. ~ ,-~ I', C r ..... , l'''''' "''''&1, CA ., •• ~-I',., ... ., " , • .: U •• ,., A P1I' no "AN M",.,ZMI l.. .... ,.,._ .. ----~-----.-.. n a 1 ~ I: I ~'J" • 11 IL II 9381-0 &trommsnhOGh:/M~(el1 & .4szoci~tes Architecture &. Planning 1515 Morena Blvd. SAN DIEGO, CA 92110 DATE 6 iJ7/fJS'-IJOB N°·o 4. Z 14 /) --. (619) 216·7710 ATTENTIO'£:.f:Ai F/~ ~-. . " 'j.};£ -.~~,0 RE, l11e i5-rE R. i11{JL-il TO Cl7Y of (/fW7I7ArJ 1'200 €t-lVI sT to/ 17<¢;/6 ~f:-;V/ r'/;:+ £/k / ;JtJr<; WE ARE SENDING YOU "@ Attached D Under separate cover via _________ the following items: I .. D Shop drawings D Prints D Plans D Saml?les OC ~c/< Ivr-D Specifications -L P (} t? f1rn~! D Copy of letter D Change order / ' .. COPIES DATE NO. 4-_ DESCRIPTION -0//7//))----7>~75 Cf/I3(:/< ft 572-) ~1920~ /' / • . /JP'-~ .... ~ ..:l Iii 'JUN 1985 ; . t!! ' Ie RECEIVED ; ...... ~ \~ _lHaOfFICE ~ ~<'.o. ,..<vo/ THESE ARE TRANSMITTED as checked below: D For approval D For your use ')1 ... As requested D Approved as submitted D Approved as noted D Returned for corrections ~1:L-~ D Resubmit __ copies for approval D Submit __ copies for distribution D Return __ corrected prints D For review and comment D _____________________ _ D FOR BIDS DUE _________ 19 D PRINTS RETURNED AFTER LOAN TO US REMARKS_-'-it1_t---"'fA5,-"-'-"'/.=-E=---_~~"_'_._'__/i_'_r/IJ~_~!?_'£(;;,_'_/_=:c:"_'I_'_PT.__'___'_. _____________ _ I COpy TO -i;:"'1. -----------------SIGNED:, /{V/1/} r PROOUGT241J.3 /NE!BSj In<, Groton, Mass. 01471 If enclosures are not as noted, kindly notify us at once. 1--... ----.:....~ I h~--" • e .. ~ i .. . ./i# . 1." ~ "~~~~~~~~~~::~~~~~~::::::::~~~~~~~::::~~~~~~~~~~~~lh'j'l !!ri 1m ARCHITECTURE & PLANNING KROMMENHOEK/MCKEOWN & ASSOCIATES 1515 MORENA BOULEVARD. SAN DIEGO, CALIFORNIA 92110 TELEPHONE (619) 276·7710 5721 SOUTH CLAIREMONT OFFICE SECURITY PAciFIC NATIONAL BANK 3091 CLAIREMONT DRIVE SAN DIEGO, CALIF. 92117 16-4 1220 PAy**TWO HUNDRED SEVENTY FIVE AND 00/100** DOLLARS TO THE ORDER OF CITY OF CARLSBAD 6/17/85 1I1005? 2t.nl ,,"'~~~~"'I ,./ ~~1, --,1,1 ~ J a:,.t ~":, //. .) I ":/' ."'.. /" .~' -,\ I . ~~ ;~~ ('~~ .. ~ -'" --:-:; ~ ::-: '. "'.\ ."~ ....... 'I .. , .. \ }~ ~~r, ~~~. .:~. i;: .~ ~; } \"/,1, .~.;o '" i ( . :'; 1"" .: r- t-trommenh09~~tn.1c t<ex. &. tls~ocl.s ~e$ Architecture & Planning 1515 Morena Blvd. SAN DIEGO. CA 92110 (619) 276·7710 DATE &/i¥//'~6 ,JOB NO. pA ~/~.J., R ATTENTION j4DPIAN . £..ANl?ER' TO (')e;Pt~'3fIIJ CITy j/iffA//PbP&7 RE, /'11 jfJOK, jLf11F: /1) I) J11E:A . .rr /0 . , j'2> U· c/. rtv/<-17~/X W7S ! WE ARE SENDING YOU ;jgf" Attached 0 Under separate cover via ________ the following items: o Shop drawings o Prints o Plans 0 Samples o Specifications o Copy of letter o Change order )§ (">E b-l;;JpdA9f.L/ COPIES DATE NO. DESCRIPTION J ---p.t). O. ,A?p(-IU/7Jtal'vl fr;;2 /Jl / ;VOl;;' A-;11eJ 1:/ M6Jr 0977 17?j 1rC1 I .'O_urcu f\TFJ 1 '~~'- THESE ARE TRANSMITTED as checl<ed below: JUN 14 1985 D For approval 'g ..... For your use /. o As requested o Approved as submitted o Approved as noted o Returned for corrections o Resubmit __ copies for appro'!Cl.IR, c'" 11ft, en\' o~ If.\. l...;;I:;'r:;.;.t o Submit __ copies -tCJrnclj~W~i~:) ~r,;Jr~l!f:~n EN1!:"~I':::oI';.~~,,tl r.J~~ .i." o Return __ corrected prints o For review and comment 0 ____________________ _ o FOR BIDS DUE 19 ___ 0 PRINTS RETURNED AFTER LOAN TO US REMARKS~ /;;1.4 PlfjO/<. C!e?m;?L//l;VCF ~ D/5a.o5&'C<£ <57?/;[;.pu&..v-r FAOiJ7"Y A6R£E/1Il;::tJ1: RE/-+;t? 1v 3 ST<::::>;<:'Y oU:!c-r . p.u. O. J7 .. D. If enclosures are not as noted, kindly notify us at once. -. EXEMPT OR EXCEP'IED: ___________ _ Posted: _______ _ Prior Ccrnpliance: )5-~ -<6S-Published : ___ _ Filed: --------Filed: NEGATIVE DEX::IARATICN: ___________ _ Posted: _______ _ Published: Notice of Detennination: ---------- ENVIR:NMEN'mL IMPACT REPORT: ____ --.,..".-,-,-_--=-_ Notice of Notice of Notice of Detennination: Preparation:________ Canpletion: ____ _ ---- PLANNING CJM.1ISSICN 1. Date of Hearing: C6-14-~S 2. Publication: jlJ / fJ I 3. Notice to Property Owners: f{) I f+ I 4. Resolution No. ___________ _ (Continued to: ___________ _ 5. ~l: _____________ __ CITY COONCIL 0 0 1. Date of Hearing: JO) B 2. Notices to City Clerk:_--!-N-It..;:\9:;-, ____ _ 3. Agenda Bill: ___________ _ 4. Resolution Noo ___________ _ 01"5 .• ,.; Ordinance No. ___________ _ Q)RRESPaIDENCE -Staff Report to Applic.ant: ________ _ Resoludon to Appl~canto:_~ ____ ~ __ _ Date: $?-{ L)-~5 ACTIOO: AppCQved LU /odd l-h () () oj QO\f\cl l~O fl:S Date: -----ACTION: ____ _ Date:. ____ _