HomeMy WebLinkAboutPUD 17E; MEISTER DEVELOPMENT GROUP; Planned Unit Development - Residential (PUD)c~~4 0(. f1~_~'~nL .. ~_~ __ ~_)/_~_'-_-~_. '_'/_~/_/_;_'c _____________ ~ _____________________ ~
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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
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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
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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:
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,
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)
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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
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• 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.
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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.
• •
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" .. ,
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)
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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
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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 " ~. ) ~
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·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
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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
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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
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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;
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-_ .. '
(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:, + :'
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v ------------------------------Its: --------------------------
~----------------------------Its: --------------------------
By: ~----------------------------Its: -------------------------
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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"
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LEGAL DESCRIPTION OF GRANTEE'S PROPERTY
, t
EXHIBIT "B"
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ASSIGNEE:
CARLSBAD PACIFICA ASSOCIATES,
a CalifOrn~~imited partnership
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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
)
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Date:
, J
I 71~'~ /1 <) -
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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.~
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&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
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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'-~ .... ~
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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.__'___'_. _____________ _
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COpy TO -i;:"'1. -----------------SIGNED:, /{V/1/}
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PROOUGT241J.3 /NE!BSj In<, Groton, Mass. 01471 If enclosures are not as noted, kindly notify us at once.
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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
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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
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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
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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
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3. Notice to Property Owners: f{) I f+
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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:. ____ _