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HomeMy WebLinkAboutSP 144G; SDG&E Wastewater Facility; Specific Plan (SP)• CITY OF CARLSBAD A LAND USE REVIEW APPLICATION ^P FOR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOX! Q Master Plan [T] Specific Plan Amendment [ [ Precise Development Plan | | Tentative Tract Map | | Planned Development Permit [""1 Non-Residential Planned Development | [ Condominium Permit | | Special Use Permit | [ Redevelopment Permit 1 | Tentative Parool Map Obtain from Eng. Dept | [ Administrative Variance | | Administrative Permit - 2nd Dwelling Unit IS) (FOR DEPT USE ONLY) t>PIWG, \ | General Plan Amendment |"XJ Local Coastal Plan Amendment [ | Site Development Plan [X~| Zone Change [ [ Conditional Use Permit [ | Hillside Development Permit [ [ Environmental Impact Assessment [ [ Variance / | [ Planned Industrial Permit | | Coastal Development Permit [ | Planning Commission Determination | | List any other applications not specificed (FOR DEPT USE ONLY) 2) LOCATION OF PROJECT: ON THE (NORTH, SOUTH EAST BETWEEN CAR COUNTRY (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: NORTH | SIDE OF WEST) CANNON ROAD (NAME OF STREET) DR. | AND (FUTURE FARADAY AVENUE (NAME OF STREET) PORTION OF LOT H OF RANCHO AGUA HEDIONDA ON MAP NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY 4) ASSESSOR PARCEL NO(S). 5) LOCAL FACILITIES 1 ; MANAGEMENT ZONE 8) EXISTING ZONING PI 11) PROPOSED NUMBER OF ( RESIDENTIAL UNITS NOVEMBER 16. 1896 21.1-010-23 3 6) EXISTING GENERAL PLAN OS DESIGNATION J 9) PROPOSED ZONING OS ) 12) PROPOSED NUMBER •) OF LOTS 7) PROPOSED GENERAL PLAN QS DESIGNATION 10) GROSS SITE 124.2) ACKtAUti 13) TYPE OF SUBDIVISION N ,^ (RESIDENTIAL, COMMERCIAL .INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS 15) PROPOSED INDUSTRIAL OFFICE/SQUARE KJOTAUH 0 0 16) PROPOSED COMMERCIAL SQUARE 1-UO'l'AGE 0 NOTE: A PROPOSES* PROJECT REQCaaNGlHAT MKHLltPLC APHJCATtONS BE HIED MCSTBE SUBMITTED WUOR TO &3* fc*t A WtOttJSED PROJECT KEQWRiNG THAT QM.Y ONE AFPUCATTON JJB SUED MUST BE Sl»MITTEI> PRIOR TO 4:(W P.M. FRM00016 8/90 ^^ CITY OF CARLSBAD ^^ LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED P 18) PROPOSED SEWER USAGE IN 19) PROPOSED INCREASE IN AVEF 20) PROJECT NAME: 21) BRIEF DESCRIPTION OF PF ROJECT IN OPEN SPACE 1 00% EQUIVALENT DWELLING UNITS 0 IAGE DAILY TRAFFIC 0 SDG&E SPECIFIC PLAN AMENDMENT FOR GOLF COURSE UDJECT: SPECIFIC PLAN AMENDMENT, LCPA AND ZONE CHANG! : TO ALLOW THE DEVELOPMENT OF TWO HOLES OF A NINE HOLE GOLF mtTRqp ASSOCIATED WITH THE CARLSBAD RANCH SPECIFIC PLAN AMENDMENT. 22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, OlpSIGN REVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPFJWY/ijH/r/S'THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THISpirns-osE {j\yy/.^ /A-> • f t lA^ldNATURE 23) OWNER 24) APPLICANT NAME (PRINT OR TYPE) SAN DIEGO GAS & ELECTRIC COMPANY NAME (PRINT OR TYPE) HOFMAN PLANNING ASSOCIATES MAILING ADDRESS 101 ASH STREET MAILING ADDRESS 2386 FARADAY AVENUE SUITE 120 CITY AND STATE ZIP SAN DIEGO, CA 92101 TELEPHONE CITY AND STATE ZIP CARLSBAD, CA 92008 TELEPHONE I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGN, I CERTIFY THAT I AM THE CEGAL OWNER'! REPRESENTATIVE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE 3-95" FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED TOTAL FEE REQUIRED DATE FEE PAID MAR 3 0 1995 DATE RECEIVED BY: »oc;^ area included in RECEIPT NO. City of Carlsbad Planning Department DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in theyappJieatjpjTy ©F HOFMAN PLANNING ASSOCIATES 2386 FARADAY AVENUE, STE f20~ CARLSBAD, CA 92008 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. SAN DIEGO GAS & ELECTRIC 101 ASH STREET SAN DIEGO, CA 92101 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. NONE 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. NONE FRM0007 4/91 2O75 Las Palmas Drive - Carlsbad, California 92OO9-1 576 •• (619)438-1161 Disclosure Statement (Over) Page 2 5. Have you had more than $250 wort/7 of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No /) If yes, please indicate person(s) Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as a unit1 (NOTE: Attach additional pages as necessary.) Signature of Print or type name of owner ,*^^ Signature of ap$icant/date .KS-BILL HOFMAN Print or type name of applicant FRM0007 4/91 PROJECT DESCRIPTION / EXPLANATION The proposed project is to request a Specific Plan Amendment, Local Coastal Plan Amendment and Zone Change for 24.2 acres located north of Cannon Road, between Car Country Drive and future Faraday Avenue. This proposal is necessary for the future development of two holes of the nine hole golf course associated with the Carlsbad Ranch Specific Plan. The Carlsbad Ranch Specific Plan Amendment is currently being processed through the City of Carlsbad and proposes the development a nine hole golf course as a part of the specific plan. The golf course was originally planned for 18 holes and was to utilize a large portion of the property north of Cannon Road. However, since the original submittal of the Carlsbad Ranch Specific Plan Amendment, the golf course was redesigned. The golf course was redesigned to remove all the fairways and greens from the north side of Cannon Road with the exception of two. These two fairways will connect those fairways and greens that are west of Planning Area 1 to the fairways and greens that are between LEGO Drive and Planning Area 5 of the Carlsbad Ranch Specific Plan. The current SDG&E Specific Plan was originally adopted by the City Council on August 3, 1971. The specific plan covers an area of approximately 680 acres and is bounded by Zone 8 on the east, the Pacific Ocean on the west, the north shore of Agua Hedionda Lagoon on the north and Cannon Road on the south. This proposal is to remove from the SDG&E Specific Plan the area identified as Parcel B as shown on the Adjustment Plan provided. In addition to the amendment to the SDG&E Specific Plan, a Zone Change is requested. The area identified as Parcel B on the Adjustment Plat is currently zoned PU (Public Utilities). Since the current General Plan land use designation is OS (Open Space), the Zone Change is required to bring the zoning into conformance with the General Plan. The new zoning designation will be O- S (Open Space) and will allow for the development of this area as a golf course. The final request is for an amendment to the Agua Hedionda Lagoon Segment of the Local Coastal Program. The details for this amendment accompany this submittal and is identified as Local Coastal Plan Amendment - Agua Hedionda Lagoon Segment. 3 0 CARLSBAD RANCH SPECIFIC PLAN AMENDMENT ASSESSOR PARCEL NUMBERS Carltas Company - 211-022-01,02,03,04,05,06 211-023-01,02,05,06 San Diego Gas And Electric Company - 212-010-14 211-010-19, 23, 24 Gemological Institute Of America - 211-023-03, 04 C.TY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 434-2867 /<*, REC'D FROM.DATE 7652 07/05/94 OOOi 01 02 ACCOUNT NO.DESCRIPTION PRM7 34010 -«> AMOUNT C T~3C./ / n -**- 'V//C-fc 2 ///-/-.A 7/V; i 5 RECEIPT NO. 15072 jff^ n-: . j i j NOT VALID UNLESS VALIDATED BY CASH REGISTER TOTAL J CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE ' CARLSBAD, CALIFORNIA 92008 434-2867 n REC'D FROM DATE ACCOUNT NO.DESCRIPTION 7652 07/05/94 X>0i (AMOUNT 12131-00 / / /7 ^ / '/^/;&jy- , RECEIPT NO. 15073 NOT VALID UNLESS VALIDATED BY CASH REGISTER TOTAL TO: FINANCE DEPARTMENTFINAIS I^RlFROMf^NGINEERINGfPLANNING/BUILDING DATE:. ITEM(S)CHARGE HQfi 94-0' L-QCa.1 Coas-fa/31.00 200.00 TOTAL CHARGES TO: FINANCE DEPARTMENT FROM: ENGINEERING/PLANNINQ/BUILDING DATE: CHICAGO TIift COMPANY Issuing Office: 925 B STREET SAN DIEGO, CA 92101 PHONE: (619)239-6081 JULO 5 199<* C5TY OF CARLSBAD DEFT. MICHAEL O'CONNELL O'DAY CONSULTANTS 7220 AVENIDA ENCINAS #204 CARLSBAD, CALIFORNIA 92009 Order No. 968906 50 Reference: CARLSBAD RANCH/LEGO Regarding: CALIFORNIA Dated as of: June 14, 1994 at 7:30 AM In response to the above referenced application for a policy of title insurance, CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: BINDER TOM.VOTEL 544-6234 Title Officer PFPO1-08/05/93bK SM <7V-o/ , SP /w fe) HICAGO COMPANY Issuing Office: 925 B STREET SAN DIEGO,. CA 92101 PHONE: (619)239-6081 JOHN WHITE CARLTAS COMPANY 5600 AVENIDA ENCINAS SUITE 100 CARLSBAD, CALIFORNIA 92008 Order No. 968906 50 Reference: CARLSBAD RANCH/LEGO Regarding: , CALIFORNIA Dated as of: June 14, 1994 at 7:30 AM In response to the above referenced application for a policy of title insurance, CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: BINDER TOM VOTEL 544-6234 Title Officer PFPG4-08/05/93bK SCHEDULE A Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: SEE ATTACHED EXHIBIT - VESTED IN 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: SEE ATTACHED DESCRIPTION PRHJMA-B/27/93bk 1 Order No. 968906 50 EXHIBIT (VESTEDIN) ™ RAY W. WINTER, BARBARA WINTER, C. WILLIAM DEALY, JR. AND ROTH DEALY AS SUCCESSOR CO-TRUSTEES OF THE PAUL ECKE, SR. TRUST DATED SEPTEMBER 8, 1983 AS TO PARCEL A; SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION COMPANY AS TO PARCEL B; GEMOLOGICAL INSTITUTE OF AMERICA, INC., AN OHIO NON-PROFIT CORPORATION AS TO LOTS 5 AND 6 OF PARCEL C; CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP AS TO THE REMAINDER OF PARCEL C; SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION AS TO PARCELS Dl AND D2; RAY R. WINTER AND CONSTANCE L. M. WINTER, AS TRUSTEES OF THAT CERTAIN TRUST AGREEMENT KNOWN AS THE RAY R. WINTER AND CONSTANCE L. M. WINTER REVOCABLE TRUST DATED DECEMBER 31, 1992 OF WHICH RAY R. WINTER AND CONSTANCE L. M. WINTER ARE TRUSTORS AS TO PARCEL E Order No: 968906 50 DESCRIPTION PARCEL A: THAT PORTION OF LOT "G" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, .COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896,.DESCRIBED AS FOLLOWS: BEGINNING AT CORNER NO. 12 OF SAID LOT "Gn OF THE RANCHO AGUA HEDIONDA, ACCORDING TO PARTITION MAP THEREOF NO. 823 AND SHOWN ON RECORD OF SURVEY MAP NO. 5715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID LOT "G", NORTH 70° 56' 06" EAST -RECORD NORTH 71° 25' EAST- 406.80 FEET; THENCE LEAVING SAID NORTHERLY LINE ALONG THE CENTER LINE OF A 66 FOOT EASEMENT RESERVED FOR ROADWAY AND UTILITY PURPOSES AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 5715, SOUTH 1° 20' 35" WEST 1053.08 FEET TO THE BEGINNING OF A 1000 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG SAID CURVE, 430.81 FEET THROUGH AN ANGLE OF 24° 41' 03"; THENCE TANGENT TO SAID CURVE, SOUTH 23° 20' 28" EAST 183.62 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID CURVE, 339.94 FEET THROUGH AN ANGLE OF 19° 28' 38" THENCE TANGENT TO SAID CURVE, SOUTH 3° 51' 50" EAST 335.70 FEET TO THE CENTER LINE OF ROAD SURVEY NO. 1534, FILED IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY; THENCE ALONG THE CENTER LINE OF SAID ROAD SURVEY, SOUTH 70° 12' 37" WEST -SOUTH 70° 45' 53" WEST PER ROAD SURVEY NO. 1534- 631.92 FEET TO THE SOUTHWEST CORNER OF SAID DESCRIPTION NO. 2, AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 5715; THENCE ALONG THE WESTERLY LINE OF SAID DESCRIPTION NO. 2, NORTH 0° 31' 16" WEST 2385.97 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B: ALL THAT PORTION OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE CORNER COMMON TO LOTS "F", "H" AND "I" OF SAID RANCHO AGUA HEDIONDA, SAID CORNER BEING KNOWN AS POINT 6 OF LOT "F", AND ALSO BEING AN ANGLE POINT IN THE EASTERLY LINE OF THE LAND DESCRIBED IN A DEED FROM GROVER C. JACOBSEN, ET AL, TO THE SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION, RECORDED MAY 2, 1952 IN BOOK 4456, PAGE 49 OF OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO; THENCE SOUTH 0° 34' 51" EAST, ALONG THE EASTERLY LINE OF THE SAN DIEGO GAS AND ELECTRIC COMPANY LAND SO DESCRIBED, 1318.39 FEET (RECORD SOUTH 0° 34' EAST, 1319.22 FEET), TO A POINT KNOWN AS POINT 7 OF SAID LOT "F", SAID POINT 7 BEING ALSO AN ANGLE POINT IN THE EASTERLY BOUNDARY OF THE ABOVE DESCRIBED SAN DIEGO GAS AND ELECTRIC COMPANY LAND; THENCE CONTINUING ALONG THE BOUNDARY OF SAID SAN DIEGO GAS AND ELECTRIC COMPANY LAND, NORTH 89° 29' 13" EAST, 1865.50 FEET (RECORD NORTH 89° 28' EAST, 1865 FEET) TO A POINT KNOWN AS POINT 8 OF SAID LOT "F" (1865 FEET IS THE DISTANCE SHOWN IN PARTITION DEED FROM JOHN L. KELLY, ET AL, TO CHARLES KELLY DATED NOVEMBER 4, 1896, RECORDED NOVEMBER 16, 1896 IN BOOK 255, PAGE 282 OF DEEDS, RECORDS OF SAN DIEGO COUNTY, SAID PARTITION MAP NO. 823 SHOWS DISTANCE TO BE 1365 FEET): SAID POINT BEING ALSO AN ANGLE POINT IN THE EASTERLY BOUNDARY OF THE ABOVE DESCRIBED SAN DIEGO s Order No: 968906 50 DESCRIPTION GAS AND ELECTRIC COMPANY LAND; THENCE LEAVING THE BOUNDARY OF THE ABOVE DESCRIBED SAN DIEGO GAS AND ELECTRIC COMPANY LAND, NORTH 6° 48' 36" EAST, 1218.96 FEET TO A POINT IN THE NORTHERLY LINE OF A PORTION OF SAID LOT "F", BEING ALSO A POINT ON THE NORTHERLY LINE OF THE PROPERTY CONVEYED TO IRWIN J. KELLY, BY DEED FILED IN THE REGISTRAR OF LAND TITLES ON DECEMBER 2, 1918 AS DOCUMENT NO. 779; THENCE NORTH 87° 25' 01" WEST, ALONG THE NORTHERLY LINE OF THE ABOVE DESCRIBED IRWIN J. KELLY LAND, BEING ALSO ALONG THE NORTHERLY LINE OF A PORTION OF LOT "F" A DISTANCE OF 2025.08 FEET TO THE POINT OF BEGINNING. PARCEL C: LOTS 1 THROUGH 8 INCLUSIVE OF CARLSBAD TRACT NO. 92-7 (CARLSBAD RANCH UNIT 1 AND UNIT 2) , IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13078, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28, 1993. PARCEL Dl: THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE CORNER COMMON TO LOTS "F", "H" AND "I" OF SAID RANCHO AGUA HEDIONDA AS SHOWN ON SAID MAP NO. 823; THENCE ALONG THE BOUNDARY OF SAID LOT "H" AS FOLLOWS: SOUTH 00° 34' 51" EAST, 1318.39 FEET; NORTH 9° 28' 00" EAST, 1865.00 FEET AND SOUTH 00° 34' 00" EAST, 625.00 FEET, MORE OR LESS TO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED MAY 2, 1952 IN BOOK 4456, PAGE 49 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND, SOUTH 80° 43' 25" WEST, 321.54 FEET TO THE MOST EASTERLY CORNER OF LAND DESCRIBED IN PARCEL 1 IN DEED TO CARLTAS CO., RECORDED JANUARY 13, 1966 AS FILE NO. 6702, BEING THE BEGINNING OF A TANGENT 2000.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID CARLTAS CO'S LAND AS FOLLOWS: WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13° 48' 19" A DISTANCE OF 481.89 FEET AND TANGENT TO SAID CURVE NORTH 85° 28' 16" WEST, 1083.64 FEET; THENCE CONTINUING NORTH 85° 28' 16" WEST, 1074.05 FEET TO THE MOST EASTERLY CORNER OF LAND DESCRIBED IN PARCEL 2 IN SAID DEED TO CARLTAS CO. HEREINABOVE REFERRED TO, BEING THE BEGINNING OF A TANGENT 2000.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE ALONG THE BOUNDARY OF SAID PARCEL 2 OF CARLSTAS CO'S LAND AS FOLLOWS: WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06° 22' 26" A DISTANCE OF 222.49 FEET; AND TANGENT TO SAID CURVE NORTH 79° 05' 50" WEST, 1617.28 FEET TO THE MOST EASTERLY CORNER OF LAND DESCRIBED IN PARCEL 2 IN DEED TO SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JANUARY 13, 1966 AS FILE NO. 6700; THENCE ALONG THE BOUNDARY OF SAID LAND AS FOLLOWS: NORTH 79° 05' 20" WEST, 449.94 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34° 00' 00" A DISTANCE OF 593.41 FEET TO THE POINT OF TANGENCY IN THE SOUTHEASTERLY LINE OF LAND DESCRIBED IN DEED TO SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JANUARY 21, 1953 IN BOOK 4722, PAGE 350 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 66° 54' 10 WEST, 215.00 FEET, MORE (Jrder No: 968906 50 ^_ DESCRIPTION OR LESS TO THE SOUTHERLY PROLONGATION OF THE MOST EASTERLY BOUNDARY OF THAT PORTION OF CALIFORNIA STATE HIGHWAY ll-SD-5 (INTERSTATE 5) AS DESCRIBED IN PARCEL 2 IN DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 20, 1969 AS FILE NO. 48604; THENCE ALONG SAID PROLONGATION NORTH 22° 28' 20" WEST, 30.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID PORTION OF INTERSTATE 5 HEREINABOVE REFERRED TO; THENCE ALONG THE EASTERLY BOUNDARY OF SAID INTERSTATE 5 AS FOLLOWS: NORTH 22° 28' 20" WEST, 20.00 FEET; SOUTH 67° 31' 40" WEST, 150.00 FEET; NORTH 83° 00' 15" WEST, 71.08 FEET; NORTH 38° 25' 20" WEST; 530.22 FEET TO THE BEGINNING OF A TANGENT 1440.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11° 35' 11" A DISTANCE OF 291.20 FEET TO THE BEGINNING OF A COMPOUND 2940.00 FOOT RADIUS CURVE; SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03° 10' .40" A DISTANCE OF 163.06 FEET; NORTH 24° 09' 38" WEST, 799.13 FEET AND NORTH 22° 28' 35" WEST, 973.45 FEET TO THE EASTERLY BOUNDARY OF SAID INTERSTATE 5 AS DESCRIBED IN FINAL ORDER OF CONDEMNATION, RECORDED MAY 2, 1952 IN BOOK 4456, PAGE 192 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY BOUNDARY NORTH 12° 55' 39' WEST, (RECORD - NORTH 13° 30' 49" WEST) 224.85 FEET TO THE MOST SOUTHERLY CORNER OF THAT PORTION OF SAID INTERSTATE 5 AS DESCRIBED IN PARCEL 3 IN SAID DEED RECORDED MARCH 20, 1969 AS FILE NO. 48604; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 3, NORTH 02° 56' 09" WEST, 230.26 FEET TO AN ANGLE POINT IN THE EASTERLY BOUNDARY OF SAID INTERSTATE 5 AS DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION ABOVE REFERRED TO; THENCE ALONG SAID EASTERLY BOUNDARY NORTH 16° 04' 40" WEST, 362.38 FEET TO THE MOST SOUTHERLY CORNER OF THAT PORTION OF SAID INTERSTATE 5 AS DESCRIBED IN PARCEL 2 IN SAID DEED, RECORDED MARCH 20, 1969 AS FILE NO. 48604; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 4, NORTH 11° 16' 18" EAST, 135.00 FEET, MORE OR LESS TO THE SOUTHWESTERLY BOUNDARY OF THE SWAMP OR OVERFLOW LAND KNOWN AS THE LAGOON BED AS SHOWN ON MISCELLANEOUS MAP NO. 209, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 8, 1949; THENCE ALONG SAID SOUTHWESTERLY BOUNDARY AS FOLLOWS: SOUTH 27° 50' 00" EAST, 190.00 FEET, MORE OR LESS TO AN ANGLE POINT THEREIN, SOUTH 16° 12' 00" EAST 252.00 FEET; SOUTH 36° 05' 00" EAST, 430.00 FEET; SOUTH 57° 51' 30" EAST, 275.40 FEET; EAST, 24.00 FEET; SOUTH 30° 38' 00" EAST, 23.00 FEET; SOUTH 66° 55' 00" EAST, 172.00 FEET; SOUTH 79° 24' 00" EAST, 238.00 FEET; AND SOUTH 73° 11' 00" EAST, 186.00 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 74° 13' 09" EAST, 348.77 FEET; THENCE SOUTH 61° 31' 17" EAST, 208.80 FEET; THENCE SOUTH 44° 13' 41" EAST, 211.52 FEET; THENCE SOUTH 30° 10' 36" EAST, 164.14 FEET; THENCE SOUTH 57° 54' 04" EAST, 83.80 FEET; THENCE SOUTH 79° 48' 57" EAST, 199.82 FEET; THENCE SOUTH 81° 39' 13" EAST, 365.95 FEET; THENCE SOUTH 81° 46' 24" EAST, 41.09 FEET; THENCE SOUTH 58° 18' 47" EAST, 40.10 FEET; THENCE SOUTH 26° 11' 42" EAST, 164.13 FEET; THENCE SOUTH 81° 40' 11" EAST, 207.76 FEET; THENCE SOUTH 75° 58' 16" EAST, 446.93 FEET; THENCE SOUTH 46° 26' 55" EAST, 155.80 FEET; THENCE SOUTH 83° 53' 10" EAST, 304.30 FEET; THENCE SOUTH 64° 10' 23" EAST, 238.61 FEET; THENCE NORTH 61° 11' 55" EAST, 1176.37 FEET; THENCE NORTH 74° 59' 45" EAST, 569.04 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE MOST EASTERLY 200.00 FEET. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT POINT "A" AS SHOWN ON SAID MISCELLANEOUS MAP NO. 209; THENCE NORTH 23° 05' 05" WEST, 461.74 FEET; THENCE NORTH 67° 26' 30" EAST, (RECORD - Order No:968906 50 t DESCRIPTION NORTH 66° 56' 40' EAST) 350.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 22° 33' NORTH 67° 26' SOOTH 22° 33' SOUTH 67° 26' 30" WEST, 30' EAST, 30" EAST, 30" WEST, (RECORD - NORTH 23° 03' 20' (RECORD - NORTH 66° 56' 40" (RECORD - SOUTH 23° 03' 20" (RECORD - SOUTH 66° 56' 40' WEST) 234.00 FEET; THENCE EAST) 260.32 FEET; THENCE EAST) 234.00 FEET; THENCE WEST) 260.32 FEET TO THE TRUE POINT OF BEGINNING. PARCEL D2: THE MOST EASTERLY 200.00 FEET OF THE PROPERTY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "H" OF RANCHO HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE CORNER COMMON TO LOTS "F", "H" AND "I" OF SAID RANCHO AGUA HEDIONDA AS SHOWN ON SAID MAP NO. 834; THENCE ALONG THE BOUNDARY OF SAID LOT "H" AS FOLLOWS: SOUTH 00° 34' 51" EAST, 1318.39 FEET; NORTH 89° 28' 00" EAST 1865.00 FEET AND SOUTH 00° 32' 00" EAST, 625.00 FEET, MORE OR LESS TO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED MAY 2, 1952 IN BOOK 4456, PAGE 49 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND, SOUTH 80° 43' 25" WEST, 321.54 FEET TO THE MOST EASTERLY CORNER OF LAND DESCRIBED IN PARCEL 1 IN DEED TO CARLTAS CO., RECORDED JANUARY 13, 1966 AS FILE NO. 6702, BEING THE BEGINNING OF A TANGENT 2000.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID CARLTAS GO'S LAND AS FOLLOWS: WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13° 48' 19" A DISTANCE OF 481.89 FEET; AND TANGENT TO SAID CURVE NORTH 85° 28' 16" WEST,1083.64 FEET; THENCE CONTINUING NORTH 85° 28' 16" WEST, 1074.85 FEET TO THE MOST EASTERLY CORNER OF LAND DESCRIBED IN PARCEL 2 IN SAID DEED TO CARLTAS CO. HEREINABOVE REFERRED TO, BEING THE BEGINNING OF A TANGENT 2000.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE ALONG THE BOUNDARY OF SAID PARCEL 2 OF CARLTAS GO'S LAND AS FOLLOWS: WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06° 22' 26" A DISTANCE OF 222.49 FEET; AND TANGENT TO SAID CURVE NORTH 79° 05' 50" WEST, 1617.28 FEE TTO THE MOST EASTERLY CORNER OF LAND DESCRIBED IN PARCEL 2 IN DEED TO SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JANUARY 13, 1966 AS FILE NO. 6700; THENCE ALONG THE BOUNDARY OF SAID LAND AS FOLLOWS: NORTH 79° 05' 20" WEST 449.94 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34° 00' 00" A DISTANCE OF 593.41 FEET TO THE POINT OF TANGENCY IN THE SOUTHEASTERLY LINE OF LAND DESCRIBED IN DEED TO SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JANUARY 21, 1953 IN BOOK 4722, PAGE 330 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 66° 54' 10" WEST, 215.00 FEET, MORE OR LESS TO THE SOUTHERLY PROLONGATION OF THE MOST EASTERLY BOUNDARY OF THAT PORTION OF CALIFORNIA STATE HIGHWAY ll-SD-5 (INTERSTATE 5) AS DESCRIBED IN PARCEL 2 IN DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 20, 1969 AS FILE NO. 48604; THENCE ALONG SAID PROLONGATION NORTH 22° 28' 20" WEST 30.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID PORTION OF INTERSTATE 5 HEREINABOVE REFERRED TO; THENCE ALONG THE EASTERLY BOUNDARY OF SAID INTERSTATE 5 AS FOLLOWS: NORTH 22° 28' 20" WEST,20.00 FEET; SOUTH 67° 31' 40" WEST, 150.00 FEET; NORTH 83° 00' Order No: 968906 50 ^_ DESCRIPTION 15" WEST, 71.08 FEET; SOOTH 38° 25' 20" WEST, 530.22 FEET TO THE BEGINNING OF A TANGENT 1440.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11° 35' 11" A DISTANCE OF 291.20 FEET TO THE BEGINNING OF A COMPOUND 2940.00 FOOT RADIUS CURVE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03° 10' 40" A DISTANCE OF 163.06 FEET; NORTH 24° 09' 38" WEST, 799.13 FEET; AND NORTH 22e 28' 35" WEST 973.45 FEET TO THE EASTERLY BOUNDARY OF SAID INTERSTATE 5 AS DESCRIBED IN FINAL ORDER OF CONDEMNATION, RECORDED MAY 2, 1952 IN BOOK 4456, PAGE 192 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY BOUNDARY NORTH 12° 55' 39" WEST (RECORD - NORTH 13° 30' 49" WEST) 224.85 FEET TO THE MOST SOUTHERLY CORNER OF THAT PORTION OF SAID INTERSTATE 5 AS DESCRIBED IN PARCEL 3 IN SAID DEED RECORDED MARCH 20, 1969 AS FILE NO. 48604; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 3 NORTH 02° 56' 09" WEST, 230.26 FEET TO AN ANGLE POINT IN THE EASTERLY BOUNDARY OF SAID INTERSTATE 5 AS DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION ABOVE REFERRED TO; THENCE ALONG SAID EASTERLY BOUNDARY NORTH 16° 04' 40" WEST, 362.38 FEET TO THE MOST SOUTHERLY CORNER OF THAT PORTION OF SAID INTERSTATE 5 AS DESCRIBED IN PARCEL 4 IN SAID DEED, RECORDED MARCH 20, 1969 AS FILE NO. 48604; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 4, NORTH 11° 16' 18" EAST, 135.00 FEET, MORE OR LESS TO THE SOUTHWESTERLY BOUNDARY OF THE SWAMP OR OVERFLOW LAND KNOWN AS THE LAGOON BED AS SHOWN ON MISCELLANEOUS MAP NO. 209, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 8, 1949; THENCE ALONG SAID SOUTHWESTERLY BOUNDARY AS FOLLOWS: SOUTH 27° 50' 00" EAST, 190.00 FEET, MORE OR LESS TO AN ANGLE POINT THEREIN, SOUTH 16° 12' 00" EAST 252.00 FEET; SOUTH 36° 05' 00" EAST, 430.00 FEET; SOUTH 57° 51' 30" EAST, 275.40 FEET; EAST, 24.00 FEET; SOUTH 30° 38' 00" EAST, 23.00 FEET; SOUTH 66° 55' 00" EAST, 172.00 FEET; SOUTH 79° 24' 00" EAST, 238.00 FEET; AND SOUTH 73° 11' 00" EAST, 186.00 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 74° 13' 09" EAST, 348.77 FEET; THENCE SOUTH 61° 31' 17" EAST, 208.80 FEET; THENCE SOUTH 44° 13' 41" EAST, 211.52 FEET; THENCE SOUTH 30° 10' 36" EAST, 164.14 FEET; THENCE SOUTH 57° 54' 04" EAST, 83.80 FEET; THENCE SOUTH 79° 48' 57" EAST, 199.82 FEET; THENCE SOUTH 81° 39' 13" EAST, 365.95 FEET; THENCE SOUTH 81° 46' 24" EAST, 41.09 FEET; THENCE SOUTH 58° 18' 47" EAST, 40.10 FEET; THENCE SOUTH 26° 11' 42" EAST, 164.13 FEET; THENCE SOUTH 81° 40' 11" EAST, 207.76 FEET; THENCE SOUTH 75° 58' 16" EAST, 446.93 FEET; THENCE SOUTH 46° 26' 55" EAST, 155.80 FEET; THENCE SOUTH 83° 53' 10" EAST, 304.30 FEET; THENCE SOUTH 64° 10' 23" EAST, 238.61 FEET; THENCE NORTH 61° 11' 55" EAST, 1176.37 FEET; THENCE NORTH 74° 59' 45" EAST, 569.04 FEET TO THE POINT OF BEGINNING. PARCEL B: ALL THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF HIGHWAY XI-SD-2B AND ENGINEER STATION 334 PLUS 79; THENCE NORTH 59° 16' 30" EAST 1087.40 FEET MORE OR LESS TO THE CENTER LINE OF THE ATCHISON, TOPEKA AND SANTA FE FE RAILROAD; THENCE NORTH ALONG SAID CENTER LINE 953.04 FEET; THENCE NORTH 67° 24' 00" EAST 1770 FEET; THENCE NORTH 22° 35' 00" WEST 461.74 FEET; THENCE NORTH 67° 26' 30' EAST 350.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 22° 38' 30" WEST DESCRIPTION 234.00 FEET; THENCE NORTH 67° 26' 30" EAST 260.32 FEET; THENCE SOUTH 22° 30' 30" EAST 234.00 FEET; THENCE SOUTH 67° 26' 30' WEST 260.32 FEET TO THE TRUE POINT OF BEGINNING. SCHEDULE B Page 1 Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A THE FOLLOWING ITEMS AFFECT PARCEL A 9 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1994-95 WHICH ARE A LIEN NOT YET PAYABLE. C 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. D 3. AN ASSESSMENT BY THE IMPROVEMENT DISTRICT SHOWN BELOW ASSESSMENT ( OR BOND ) NO: 212-41-5 SERIES: 86-1 DISTRICT: CITY: CARLSBAD FOR: PALOMAR ARPT. ST.IMP1915A8% BOND ISSUED: AUGUST 31, 1988 SAID ASSESSMENT IS COLLECTED WITH THE COUNTY/CITY PROPERTY TAXES. 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE COUNTY OF SAN DIEGO PURPOSE: PUBLIC ROAD PURPOSES RECORDED: OCTOBER 5, 1899 IN BOOK 280, PAGE 292 OF DEEDS AFFECTS: THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: JANUARY 18, 1937 IN BOOK 609, PAGE 153 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS PREUMB-8/7/81-lrc t SCHEDULE BPage 2 (continued) Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO RECORDED: AUGUST 14, 1957 AS DOCUMENT NO. 122214 IN BOOK 6706, PAGE 514 OF OFFICIAL RECORDS AFFECTS: THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. 7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE COUNTY OF SAN DIEGO PURPOSE: PUBLIC ROAD PURPOSES RECORDED: FEBRUARY 16, 1960 AS FILE NO. 31696, OFFICIAL RECORDS AFFECTS: THE SOUTHERLY 50 FEET SAID INSTRUMENT ADDITIONALLY CONTAINS THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE ABOVE DESCRIBED RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. 8. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: IRWIN J. KELLY, TITLE INSURANCE AND TRUST COMPANY, A CORPORATION IN ITS CAPACITY AS TRUSTEE OF A CERTAIN TRUST OF WHICH IRWIN J. KELLY WAS TRUSTOR, MAXINE T. SMITH, BARBARA JEAN K. HIGDON, GRAHAM M. KELLY, AND TO THALIA KELLY CONSIDINE IN HER REPRESENTATIVE CAPACITY AS EXECUTRIX OF THE ESTATE OF GENEVIEVE KELLY, AND TO R. DEWEY KELLY, THEIR HEIRS, SUCCESSORS AND ASSIGNS PURPOSE: STREET, HIGHWAY AND PUBLIC UTILITY PURPOSES RECORDED: JANUARY 12, 1961 AS FILE NO. 6642, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. 9. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PURPOSE: ROADWAY AND UTILTY PURPOSES AS GRANTED/RESERVED BY VARIOUS INSTRUMENTS OF RECORD, ONE OF WHICH RECORDED FEBRUARY 2, 1961 AS FILE NO. 19366, OFFICIAL RECORDS AFFECTS: THAT PORTION OF PROPERTY HEREIN DESCRIBED, LYING WITHIN THAT CERTAIN STRIP OF LAND DESIGNATED AS "66 FOOT EASEMENT RESERVED FOR ROADWAY AND UTILITY PURPOSES", AS SHOWN ON RECORD OF SURVEY MAP NO. 5715 10. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS PRELIMBC-9/23/S3bk t SCHEDULE BPage 3 (continued) Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO RESERVED IN A DOCUMENT PURPOSE: UTILITY AND RIGHT OF WAY PURPOSES RECORDED: APRIL 10, 1962 AS FILE NO. 60613, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. 11. COVENANTS AND RESTRICTIONS IMPOSED BY A LAND CONSERVATION CONTRACT EXECUTED PURSUANT TO SECTION 51200 ET SEQ. CALIFORNIA GOVERNMENT CODE "AS DISCLOSED BY COUNTY ASSESSOR'S MAP BOOK 212, PAGE 04" 12. AN AGREEMENT REGARDING REIMBURSEMENT AGREEMENT , MADE BY AND BETWEEN CITY OF CARLSBAD AND PAUL ECKE, SR., RECORDED AUGUST 14, 1986 AS FILE NO. 86-349360, OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. • 13 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CITY OF CARLSBAD PURPOSE: OPEN SPACE RECORDED: SEPTEMBER 15, 1988 AS FILE NO. 88-463306, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. RESTRICTIONS ON THE USE, BY THE OWNERS OF SAID LAND, OF THE EASEMENT AREA AS PROVIDED IN THE DOCUMENT REFERRED TO ABOVE. 14. AN AGREEMENT REGARDING REIMBURSEMENT AGREEMENT , MADE BY AND BETWEEN CITY OF CARLSBAD AND PAUL ECKE, SR., RECORDED NOVEMBER 1, 1988 AS FILE NO. 88-557946, OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 15. A NOTICE OF SPECIAL TAX LIEN TO PAY FOR CERTAIN PUBLIC CAPITAL FACILITIES, INCLUDING THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDS RECORDED MAY 20, 1991 AS FILE NO. 1991-0236959. 16. THE RIGHTS OF THE PUBLIC IN AND TO THAT PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN ROAD WIDENING, AS DISCLOSED BY COUNTY ASSESSOR'S MAP BOOK 212, PAGE 04.. 17. ANY INVALIDITY OR DEFECT IN THE TITLE OF THE VESTEES IN THE EVENT THAT THE TRUST REFERRED TO IN THE VESTING PORTION OF SCHEDULE A IS INVALID OR FAILS TO GRANT SUFFICIENT POWERS TO THE TRUSTEE(S) OR IN THE EVENT THERE IS A PREUMBC-B/23/93bk SCHEDULE BPa«e 4 (continued) Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO LACK OF COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE TRUST INSTRUMENT. 18. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CITY OF CARLSBAD, A MUNICIPAL CORPORATION PURPOSE: STREET AND PUBLIC UTILITY RECORDED: JANUARY 8, 1992 AS FILE NO. 1992-0009788, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. V 19. A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND. DISTRICT: ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DISCLOSED BY: ASSESSMENT DISTRICT DIAGRAM RECORDED: JULY 30, 1992 AS FILE NO. 1992-0475545, OFFICIAL RECORDS 20. AN UNRECORDED LEASE WITH CERTAIN TERMS, COVENANTS, CONDITIONS AND PROVISIONS SET FORTH THEREIN LESSEE: FRED MALDONADO DISCLOSED BY: FINANCING STATEMENT RECORDED: NOVEMBER 30, 1992 AS FILE NO. 1992-0764496, OFFICIAL RECORDS X THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. Y THE FOLLOWING ITEMS AFFECT PARCEL B Z 21. PkOPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1994-95 WHICH ARE A LIEN NOT YET PAYABLE. AA 22. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. AC 23 . ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT SOME PORTION OF SAID LAND IS TIDE OR SUBMERGED LANDS, OR HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS ACCRETED TO SUCH PORTION SO CREATED. PREUMBC-9/23/93bk SCHEDULE BPa«e 5 (continued) Order No: 968906. 50 YourRef: CARLSBAD RANCH/LEGO AB 24. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: WILLIAM MC CLINTOCK PURPOSE: A WAGON OR TRUCK ROAD OR NARROW GAUGE RAILROAD RECORDED: DECEMBER 15, 1933 DOCUMENT NO. 54263 IN BOOK 265, PAGE 93 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. AD 25. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SHOWN ON MAP OF SAID TRACT. EASEMENT PURPOSE: PRIVATE ROAD KNOWN AS HIDDEN VALLEY ROAD AFFECTS: AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 7938 AE 26. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE CITY OF CARLSBAD PURPOSE: ACCESS TO THE REGIONAL PARK AREA RECORDED: NOVEMBER 20, 1975 AS FILE NO. 75-326684, OFFICIAL RECORDS AFFECTS: THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. AF REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AG 27. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE CITY OF CARLSBAD PURPOSE: ROAD RECORDED: NOVEMBER 20, 1975 AS FILE NO. 75-326695, OFFICIAL RECORDS AFFECTS: THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. AH REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AI 28. A LEASE WITH CERTAIN TERMS, COVENANTS, CONDITIONS AND PROVISIONS SET FORTH THEREIN. LESSOR: SAN DIEGO GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION PREUMBC-e/Z3/93bk Page s Order No: 968906 SCHEDULE B(continued) 50 YourRef: CARLSBAD RANCH/LEGO AJ AL AM AN AO LESSEE: RECORDED: THE CITY OF CARLSBAD, CALIFORNIA, A MUNICIPAL CORPORATION JUNE 30, 1976 AS FILE NO. 76-282404, OFFICIAL RECORDS THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. AK 29 . AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: RECORDED: REGARDING: JUNE 15, 1978 SAN DIEGO GAS AND ELECTRIC COMPANY AND LLOYDS BANK CALIFORNIA AUGUST 24, 1978 AS FILE NO. 78-361767 OF OFFICIAL RECORDS FACILITIES AGREEMENT (INCLUDING GRANTS OF EASEMENTS OVER REAL PROPERTY AND COVENANTS RUNNING WITH THE LAND REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 30. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION SEWER PURPOSES AND INCIDENTAL THERETO, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS JUNE 14, 1991 AS FILE NO. 1991-0285931, OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. 31. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION PUBLIC STREET, PUBLIC UTILITY PURPOSES, SLOPE PURPOSES, DRAINAGE AND TEMPORARY CONSTRUCTION PURPOSES JUNE 3, 1993 AS FILE NO. 1993-0350241, OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. RESTRICTIONS ON THE USE, BY THE OWNERS OF SAID LAND, OF THE EASEMENT AREA AS PROVIDED IN THE DOCUMENT REFERRED TO ABOVE. THE FOLLOWING ITEMS AFFECT PARCEL C PRELJMBC-9/23/93bk SCHEDULE BPa«e 7 (continued) Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO AP 32. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1994-95 WHICH ARE A LIEN NOT YET PAYABLE. AR 33. AN ASSESSMENT BY THE IMPROVEMENT DISTRICT SHOWN BELOW ASSESSMENT ( OR BOND ) NO: 1 SERIES: 86-1 DISTRICT: PALOMAR AIRPORT ROAD FOR: STREET IMPROVEMENTS BOND ISSUED: AUGUST 31, 1988 SAID ASSESSMENT IS COLLECTED WITH THE COUNTY/CITY PROPERTY TAXES. AS A REPORT ON SAID TAXES AND ASSESMENTS HAS BEEN ORDERED. WE WILL SEND A TAX SUPPLEMENT WHEN IT IS RECEIVED. AT 34. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. AU 35. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SUCH MATTERS ARE SHOWN BY THE PUBLIC RECORDS. AV 36. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PAUL ECKE AND MAGDALENA ECKE, HUSBAND AND WIFE AS JOINT TENANTS PURPOSE: ROAD AND PIPE LINE RECORDED: APRIL 4, 1947 IN BOOK 2380, PAGE 20 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. AU SAID EASEMENT HAS BEEN CONVEYED AND/OR RESERVED IN VARIOUS OTHER INSTRUMENTS OF RECORD. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AX 37. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY PURPOSE: . PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: FEBRUARY 5, 1954 IN BOOK 5132, PAGE 278 OF OFFICIAL RECORDS AFFECTS: — THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND PREUMBC-9/23/83bK SCHEDULE BPage 8 (continued) Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO IS MORE FOLLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AY 38. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: MARCH 11, 1954 IN BOOK 5167, PAGE 387 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A-PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AZ 39 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: OCTOBER 18, 1956 IN BOOK 6305, PAGE 97 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BA 40. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CARLSBAD MUNICIPAL WATER DISTRICT PURPOSE: PIPELINE OR PIPELINES RECORDED: MAY 15, 1961 AS FILE NO. 83959, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BB 41. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CARLSBAD MUNICIPAL WATER DISTRICT PURPOSE: INGRESS AND EGRESS RECORDED: MAY 15, 1961 AS FILE NO. 83960, OFFICIAL RECORDS PREUMBC-8/23/83bH SCHEDULE B (continued) Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. BC 42. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CITY OF CARLSBAD PURPOSE: SEWER AND STORM DRAIN RECORDED: NOVEMBER 30, 1972 AS FILE NO. 320457, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BD 43. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: . CITY OF CARLSBAD PURPOSE: PUBLIC ROAD, UTILITY, SEWER, WATER, LANDSCAPE, SIDEWALK ENCROACHMENT RECORDED: NOVEMBER 30, 1972 AS FILE NO. 320458, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BE 44. RESOLUTION NOS. 3851, 3852 AND 3853 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ESTABLISHMENT OF AN AGRICULTURE PRESERVE (AP 76-1) RECORDED MARCH 1, 1976 AS FILE NO. 76-059757; BF A LAND CONSERVATION CONTRACT FOR THE ECKE (CARLTAS) AGRICULTURAL PRESERVE NO. 76-1, DATED FEBRUARY 10, 1976, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN, EXECUTED BY AND BETWEEN THE CITY OF CARLSBAD AD CARLTAS CORPORATION, RECORDED MARCH 1, 1976 AS FILE NO. 76-059758 OF OFFICIAL RECORDS. AND AS MODIFIED BY A FIRST AMENDMENT RECORDED MAY 7, 1993 AS FILE NO. 1993-0286978 OF OFFICIAL RECORDS. AND AS MODIFIED BY A SECOND AMENDMENT RECORDED DECEMBER 29, 1988 AS FILE NO. 88-672971. A NOTICE OF NON-RENEWAL RECORDED OCTOBER 4, 1991 AS FILE NO. 1991-0514807 OF OFFICIAL RECORDS. AND AS MODIFIED BY A THIRD AMENDMENT RECORDED APRIL 27, 1993 AS FILE NO. PHEUMBC-9/Z3/93bk SCHEDULE BPage 10 (continued) Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO 1993-0243908 OP OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENTS FOR FULL PARTICULARS. BG 45. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE PACIFIC TELEPHONE AND .TELEGRAPH COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: OCTOBER 11, 1977 AS FILE NO. 77-416786, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BH QUITCLAIM DEED RECORDED APRIL 5, 1994 AS FILE NO. 1994-0224679 WHICH RELEASES LOTS 2, 5 AND 7. BI 46. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CITY OF CARLSBAD PURPOSE: PUBLIC ROAD, UTILITY, SEWER AND WATER RECORDED: OCTOBER 21, 1985 AS FILE NO. 85-390632, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BJ 47. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CITY OF CARLSBAD PURPOSE: PUBLIC ROAD, UTILITY, SEWER AND WATER RECORDED: OCTOBER 21, 1985 AS FILE NO. 85-390633, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BK 48. THE FACT THAT SAID LAND LIES WITHIN THE BOUNDARIES OF ASSESSMENT DISTRICT NO. 86-1 AS DISCLOSED BY INSTRUMENT RECORDED JANUARY 29, 1986 AS FILE NO. 86-037400 OF OFFICIAL RECORDS. PR£UMBC-9/23/93bk SCHEDULE BPa&e " . . (continued) Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BU 49 . AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: JULY 10, 1986 BY AND BETWEEN: CITY OF CARLSBAD, AND CARLTAS CO., A CALIFORNIA CORPORATION RECORDED: AUGUST 14, 1986 AS FILE NO. 86-349359 OF OFFICIAL RECORDS REGARDING: REIMBURSEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BM 50. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: AUGUST 3, 1987 BY AND BETWEEN: CITY OF CARLSBAD AND CARLTAS DEVELOPMENT COMPANY RECORDED: SEPTEMBER 1, 1987 AS FILE NO. 87-496010 OF OFFICIAL RECORDS REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BH 51. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: DECEMBER 8, 1987 AS FILE NO. 87-6753G7, OFFICIAL RECORDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BO 52. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: APRIL 6, 1988 BY AND BETWEEN: CITY OF CARLSBAD AND CARLTAS DEVELOMENT COMPANY RECORDED: APRIL 14, 1988 AS FILE NO. 88-171939 OF OFFICIAL RECORDS REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BP 53. A COVENANT AND AGREEMENT EXECUTED BY: CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP IN FAVOR OF: CALIFORNIA COASTAL COMMISSION PREUMBC-9/23/B3bk SCHEDULE BPa«e 12 (continued) Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO RECORDED: MAY 11, 1988 AS FILE NO. 88-220104, OFFICIAL RECORDS WHICH AMONG OTHER THINGS PROVIDES: FOR DEVELOPMENT OF PROPERTY AND AGRICULTURAL DEED RESTRICTION BO 54. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: MAY 6, 1988 BY AND BETWEEN: CARLTAS DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION AND CITY OF CARLSBAD RECORDED: MAY 11, 1988 AS FILE NO. 88-222132 OF OFFICIAL RECORDS REGARDING: GRADING REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BR 55. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CITY OF CARLSBAD PURPOSE: DRAINAGE RECORDED: JULY 7, 1988 AS FILE NO. 88-329739, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BS 56. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CITY OF CARLSBAD PURPOSE: ROADWAY AND GENERAL UTILITY RECORDED: AUGUST 22, 1988 AS FILE NO. 88-414913, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. BT SAID INSTRUMENT ADDITIONALLY CONTAINS THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE ABOVE DESCRIBED RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. BU REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BV 57. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PREUMBC-e/23/93bK SCHEDULE BPa&e " (continued) Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO GRANTED TO: CITY OF CARLSBAD PURPOSE: PUBLIC UTILITY RECORDED: SEPTEMBER 15, 1988 AS FILE NO. 88-463310, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. BW SAID INSTRUMENT ADDITIONALLY CONTAINS THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE ABOVE DESCRIBED RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BX 58. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CITY OF CARLSBAD PURPOSE: FLOOD DRAINAGE CHANNEL RECORDED: SEPTEMBER 15, 1988 AS FILE NO. 88-463313, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BY 59. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: MAY 26, 1988 BY AND BETWEEN: CITY OF CARLSBAD AND CARLTAS CO., A CALIFORNIA LIMITED PARTNERSHIP RECORDED: NOVEMBER 1, 1988 AS FILE NO. 88-557947 OF OFFICIAL RECORDS REGARDING: REIMBURSEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. BZ 60. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: ASSOCIATION OF CAR COUNTRY EXPANSION OWNERS PURPOSE: MAINTENANCE AND REPAIR RECORDED: DECEMBER 30, 1988 AS FILE NO. 88-677018, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. PREUMBC-e/23/93bk SCHEDULE BPa«e " (continued) Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. CA 61. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: ASSOCIATION OF CAR COUNTRY EXPANSION OWNERS PURPOSE: MAINTENANCE AND REPAIR RECORDED: DECEMBER 30, 1988 AS FILE NO. 88-678653, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. CB 62. A COVENANT AND AGREEMENT EXECUTED BY: CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP IN FAVOR OF: CITY OF CARLSBAD RECORDED: JULY 5, 1989 AS FILE NO. 89-354161, OFFICIAL RECORDS WHICH AMONG OTHER THINGS PROVIDES: FOR OPEN SPACE EASEMENT AND USAGE OF THE HEREIN DESCRIBED PROPERTY. CC 63 . AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: JUNE 25, 1991 BY AND BETWEEN: CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP AND CITY OF CARLSBAD RECORDED: AUGUST 5, 1991 AS FILE NO. 1992-0390279 OF OFFICIAL RECORDS REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. CO 64 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GfVMJTED TO: CITY OF CARLSBAD PURPOSE: STREET AND PUBLIC UTILITY RECORDED: FEBRUARY 11, 1992 AS FILE NO. 1992-0076195, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. CE 65. AN UNRECORDED AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PREUMBC-9/23/83bk SCHEDULE BPase is. (continued) Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO PARTICDLARS DATED: FEBRUARY 19, 1992 BY AND BETWEEN: CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP AND GEMOLOGICAL INSTITUTE OF AMERICA, INC. REGARDING: PURCHASE OF REAL PROPERTY DISCLOSED BY: DEED OF TRUST RECORDED: AUGUST 24, 1992 AS FILE NO. 1992-0534192 OF OFFICIAL RECORDS CF 66. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: SEPTEMBER 28, 1992 BY AND BETWEEN: CARLTAS COMPANY, A PARTNERSHIP AND THE CITY OF CARLSBAD RECORDED: OCTOBER 16, 1992 AS FILE NO. 1992-0660393 OF OFFICIAL RECORDS REGARDING: THE PAYMENT OF A PUBLIC FACILITIES FEE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. CG 67. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: SEPTEMBER 14, 1992 BY AND BETWEEN: CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD RECORDED: OCTOBER 20, 1992 AS FILE NO. 1992-0667486 OF OFFICIAL RECORDS REGARDING: THE PAYMENT OF A PUBLIC FACILITIES FEE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. CH 68. RECORD OF SURVEY MAP NO. 13995, RECORDED NOVEMBER 25, 1992 WHICH DISCLOSES VARIANCES FROM THE RECORD LEGAL DESCRIPTION OF SAID LAND. REFERENCE IS MADE TO SAID MAP FOR FURTHER PARTICULARS. CI 69 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CITY OF CARLSBAD PURPOSE: DRAINAGE AND TEMPORARY CONSTRUCTION RECORDED: MARCH 4, 1993 AS FILE NO. 1993-0137581, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. PREUMBC-e/23/93bk SCHEDULE BPage is (continued) Order No: 968906 50 .YourRef: CARLSBAD RANCH/LEGO CJ 70. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER, SHOWING DEBTOR: FRAZEE FLOWER INC., A CALIFORNIA CORPORATION SECURED PARTY: FRAZEE PROPERTIES-CARLSBAD, A CALIFORNIA PARTNERSHIP RECORDED: MARCH 18, 1993 AS FILE NO. 1993-0167877, OFFICIAL RECORDS CL RECORD OWNER NAMED: CARLTAS COMPANY CK A RELEASE OF ALL CROPS, FLOWERS, AND BULBS, WHETHER PLANTED, GROWING, MATURED OR HARVESTED, LOCATED ON PROPERTY IT FARMS ON THE NORTHEAST CORNER OF PASEO DEL NORTE AND PALOMAR AIRPORT ROAD, CARLSBAD, CALIFORNIA, OWNED BY CARLTAS COMPANY, RECORDED MAY 18, 1994 AS FILE NO. 1994-0327245 CM 71. ANY RIGHT, TITLE OR INTEREST OF THE DEBTOR NAMED IN THE FINANCING STATEMENT SHOWN ABOVE. ON THE DATE OF SAID FINANCING STATEMENT THE DEBTOR HAD NO RECORD INTEREST IN SAID LAND NOR HAS THE DEBTOR SINCE ACQUIRED ANY. CM 72. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING BEEN RELINQUISHED BY THE MAP OF SAID TRACT. AFFECTS: LOTS 1 AND 2 ADJACENT TO PALOMAR AIRPORT ROAD AND LOTS 2 AND 8 ADJACENT TO CANNON ROAD CO 73. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SHOWN ON MAP OF SAID TRACT. EASEMENT PURPOSE: OPEN SPACE AFFECTS: LOT 1 AS SHOWN ON MAP 13078 EASEMENT PURPOSE: DRAINAGE AFFECTS: LOT 7 AS SHOWN ON MAP 13078 EASEMENT PURPOSE: TEMPORARY DRAINAGE EASEMENT AFFECTS: LOT 7 AS SHOWN ON MAP 13078 EASEMENT PURPOSE: PUBLIC STREET AND PUBLIC UTILITIES AFFECTS: LOTS 2 AND 8 AS SHOWN ON MAP 13078 EASEMENT PURPOSE: ROAD AND UTILITIES AFFECTS: LOT 2 AS SHOWN ON MAP 13078 PREUMBC-9/23/936K SCHEDULE B17 (continued) Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO EASEMENT PURPOSE: PORTION OF LOT 2 TO BE GRANTED TO LOT 8 FOR PRIVATE DRAINAGE AFFECTS: AS SHOWN ON MAP 13078 CP 74 . AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: DECEMBER 13, 1993 BY AND BETWEEN: CITY OF CARLSBAD AND CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP RECORDED: DECEMBER 30, 1993 AS FILE NO. 1993-0886033 OF OFFICIAL RECORDS REGARDING: HOLD HARMLESS AGREEMENT DRAINAGE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. CO 75. AN AGREEMENT TO PAY DRAINAGE FEES AS REQUIRED BY THE GROWTH MANAGEMENT PROGRAM AND THE ADOPTED LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 13 AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: DECEMBER 21, 1993 BY AND BETWEEN: CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD RECORDED: DECEMBER 30, 1993 AS FILE NO. 1993-0886034 OF OFFICIAL RECORDS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. CR 76. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: DECEMBER 13, 1993 BY AND BETWEEN: CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND THE CARLTAS COMPANY RECORDED: DECEMBER 30, 1993 AS FILE NO. 1993-0886060 OF OFFICIAL RECORDS REGARDING: CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. CS 77. CITY OF CARLSBAD AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) FOR COMMUNITY FACILITIES DISTRICT NO. 1, ANNEXATION NO. 1, STATE OF CALIFORNIA RECORDED JANUARY 3, 1994 AS FILE NO. 1994-0002008, OFFICIAL RECORDS. CT 78. A DEED OF TRUST TO SECURE PERFORMANCE UNDER AN AGREEMENT REFERRED TO THEREIN, AND ANY OTHER OBLIGATIONS SECURED THEREBY DATED: DECEMBER 9, 1993 TRUSTOR: "- CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP PREUMBC-9/23/83bk Page is Order No: 968906 SCHEDULE B (continued) 50 YourRef: CARLSBAD RANCH/LEGO CU cu ex CY cz TRUSTEE: BENEFICIARY: RECORDED: WESTERN INSURANCE HOLDINGS, INC. INSURANCE COMPANY OF THE WEST JANUARY 5, 1994 AS FILE NO. 1994-0008745, OFFICIAL RECORDS PARTIAL RECONVEYANCE RECORDED FEBRUARY 25, 1994 AS FILE NO. 1994-0128379 WHICH RECONVEYED LOTS 3 AND 4. CV 79. THE MATTERS SET FORTH IN THE DOCUMENT SHOWN BELOW WHICH, AMONG OTHER THINGS, CONTAINS OR PROVIDES FORTH CERTAIN EASEMENTS; LIENS, AND THE SUBORDINATION THEREOF; PROVISIONS RELATING TO PARTITION; AND COVENANTS, CONDITIONS AND RESTRICTIONS. ENTITLED: RECORDED: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS JANUARY 12, 1994 , AS FILE NO. 1994-0027697, OFFICIAL RECORDS SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. 80. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: $420,000.00 JANUARY 1, 1994 CARLTAS COMPANY, A LIMITED PARTNERSHIP TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION CALIFORNIA STATE COASTAL CONSERVANCY JANUARY 12, 1994 AS FILE NO. 1994-0027699, OFFICIAL RECORDS AFFECTS LOT 1 81. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: $1,477,179.71 JANUARY 14, 1994 GEMOLOGICAL INSTITUTE OF AMERICA, INC., AN OHIO NONPROFIT CORPORATION CHICAGO TITLE COMPANY, A CALIFORNIA CORPORATION CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP JANUARY 14, 1994 AS FILE NO. 1994-0033876, OFFICIAL RECORDS PREUMBC-9/23/93bk SCHEDULE BPa8e is (continued) Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO DA AFFECTS LOTS 5 AND 6 DB AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WHICH NAMES AS ASSIGNEE: SAN DIEGO TRUST & SAVINGS BANK, A CALIFORNIA BANKING CORPORATION RECORDED: FEBRUARY 25, 1994 AS FILE NO. 1994-0128381, OFFICIAL RECORDS DC 82. A LEASE WITH CERTAIN TERMS, COVENANTS, CONDITIONS AND PROVISIONS SET FORTH THEREIN. LESSOR: GEMOLOGICAL INSTITUTE OF AMERICA, INC. LESSEE: CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP RECORDED: JANUARY 14, 1994 AS FILE NO. 1994-0033877, OFFICIAL RECORDS OD AFFECTS LOTS 5 AND 6 OE THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. DF 83 . A MEMORANDUM OF OPTION AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: JANUARY 14, 1994 BY AND BETWEEN: CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP AND GEMOLOGICAL INSTITUTE OF AMERICA, INC., AN OHIO NON-PROFIT CORPORATION RECORDED: JANUARY 14, 1994 AS FILE NO. 1994-0033878, OFFICIAL RECORDS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. DG AFFECTS LOT 7 OH 84 . A J>EED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY AMOUNT: $2,500,000.00 DATED: FEBRUARY 23, 1994 TRUSTOR: CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP TRUSTEE: SAN DIEGO TRUST & SAVINGS BANK, A CALIFORNIA BANKING CORPORATION BENEFICIARY: SAN DIEGO TRUST & SAVINGS BANK, A CALIFORNIA BANKING CORPORATION RECORDED: FEBRUARY 25, 1994 AS FILE NO. 1994-0128380, OFFICIAL PREUMBC-9/23/B3bk SCHEDULE BPaee 20 (continued) Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO RECORDS Dl AN AGREEMENT TO MODIFY THE TERMS AND PROVISIONS OP SAID DEED OF TRUST AS THEREIN PROVIDED EXECUTED BY: FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP AND CARLTAS DEVELOPMENT COMPANY; PAUL ECKE, III, TRUSTEE OF THE PAUL ECKE, III REVOCABLE TRUST, DATED SEPTEMBER 22, 1989; PAUL ECKE, III AS AN INDIVIDUAL; PAUL ECKE, JR. AND ELISABETH K. ECKE, TRUSTEE OF THE PAUL ECKE, JR. AND ELISABETH K. ECKE TRUST DATED MARCH 7, 1983 AND AMENDED IN TOTAL JANUARY 2, 1991; PAUL ECKE, JR. AND ELISABETH K. ECKE AS INDIVIDUALS RECORDED: MAY 11, 1994 AS FILE NO. 1994-0311050, OFFICIAL RECORDS DJ 85. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CARLSBAD MUNICIPAL WATER DISTRICT PURPOSE: THE CONSTRUCTION, OPERATION, REPAIR, RECONSTRUCTION AND ALL ACTIVITIES NECESSARY TO CONTRUCT, RECONSTRUCT, OPERATE, MAINTAIN AND REPAIR FACILITIES DESIGNED FOR THE GENERAL PURPOSE OF COLLECTING, STORING, TRANSPORTING, PUMPING AND TREATING ALL WATER, INCLUDING SURFACE WATER, STREAM WATER, FLOOD WATER AND GROUND WATER FLOWING INTO SAID FACILITIES AND ALL NATURAL AND ARTIFICIAL DRAINAGE DITCHES AND STRUCTURES OF ANY KIND, WHETHER ABOVE OR BELOW THE SURFACE OF THE GROUND. RECORDED: APRIL 25, 1994 AS FILE NO. 1994-0272435, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. OK THE FOLLOWING ITEMS AFFECT PARCELS Dl AND D2 DL 86. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1994-95 WHICH ARE A LIEN NOT YET PAYABLE. DM 87. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. DM 88. TRUST INDENTURE DATED OCTOBER 16, 1940, EXECUTED BY SAN DIEGO GAS AND PRBJMBC-9/23/93bk SCHEDULE BPa8e 21 (continued) Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO ELECTRIC COMPANY, TRUSTOR, TO THE BANK OF CALIFORNIA NATIONAL ASSOCIATION, AS TRUSTEE TO SECURE BONDS OF SAID TROSTOR, RECORDED RECORDED ON OCTOBER 10, 1940 IN BOOK 1087, PAGE 1 OF OFFICIAL RECORDS AND ALL INDENTURES SUPPLEMENTAL THERETO. DO 89. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SOUTHERN CALIFORNIA TELEPHONE COMPANY PURPOSE: COMMUNICATION STRUCTURES RECORDED: IN BOOK 1200, PAGE 421 OF OFFICIAL RECORDS AFFECTS: THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. OP 90. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS RESERVED IN A DOCUMENT PURPOSE: ROAD AND PIPE LINE PURPOSES AND INCIDENTAL PURPOSES RECORDED: OCTOBER 8, 1948 IN BOOK 2974, PAGE 493 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND 'IS MORE FULLY DESCRIBED IN SAID DOCUMENT. DO 91. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS RESERVED IN A DOCUMENT PURPOSE: INGRESS AND EGRESS FOR WATER PUMPING AND DISTRIBUTION PURPOSES RECORDED: OCTOBER 8, 1948 AS DOCUMENT NO. 100047 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. DR 92. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PURPOSE: INGRESS AND EGRESS FOR ROAD PURPOSES AND WATER PIPE LINES AS GRANTED/RESERVED BY VARIOUS INSTRUMENTS OF RECORD, ONE OF WHICH RECORDED APRIL 29, 1948 AS DOCUMENT NO. 43668 AND JANUARY 21, 1953 IN BOOK 4722, PAGE 361 OF OFFICIAL RECORDS AND IN VARIOUS DEEDS OF RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. DS 93. THE RIGHT TO INUNDATE THAT PORTION OF SAID LAND ADJOINING THE SWAMP AND PREUMBC-9/23/93bk SCHEDULE B22 (continued) Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO OVERFLOW LAND KNOWN AS THE LAGOON BED, DP TO AN ELEVATION OF 10 FEET ABOVE THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN, AS RESERVED BY GRACE KATHRYN BURDEN IN DEED DATED SEPTEMBER 30, 1948 AND RECORDED OCTOBER 8, 1948 IN BOOK 2974, PAGE 496 OF OFFICIAL RECORDS, AND AS RESERVED BY GROVER C. JACOBSEN, GRACE OAKES JACOBSEN AND GAIL FRANCES LATHAM IN DEED DATED SEPTEMBER 30, 1948 AND RECORDED OCTOBER 8, 1948 IN BOOK 2975, PAGE 1 OF OFFICIAL RECORDS. DT 94 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PURPOSE: INGRESS AND EGRESS FOR ROAD AND PUBLIC UTILITY PURPOSES AS GRANTED/RESERVED BY VARIOUS INSTRUMENTS OF RECORD, ONE OF WHICH RECORDED OCTOBER 8, 1948 AS DOCUMENT NO. 100052 AND IN VARIOUS DEEDS OF RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. OU 95. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: OCTOBER 20, 1949 IN BOOK 3358, PAGE 85 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. DV 96. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING BEEN SEVERED FROM SAID LAND BY THE DOCUMENT RECORDED: MAY 2, 1952 IN BOOK 4456, PAGE 192 OF OFFICIAL RECORDS AFFECTS: THE FREEWAY DW 97. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PAUL ECKE AND MAGDALENA ECKE, HUSBAND AND WIFE AS JOINT TENANTS PURPOSE: ROAD AND WATER PIPELINE RECORDED: APRIL 15, 1963 AS FILE NO. 51681, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. PREUMBC-9/23/83b* SCHEDULE B23 (continued) Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO DX 98. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: MARCH 11, 1954 IN BOOK 5167, PAGE 387 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. OY 99. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: W. D. CANNON, AN UNMARRIED MAN AND PAUL ECKE AND MAGDALENA ECKE, HUSBAND AND WIFE PURPOSE: TRANSMISSION AND DISTRIBUTION OF WATER AND INCIDENTAL PURPOSES RECORDED: MARCH 5, 1956 IN BOOK 6082, PAGE 41, OFFICIAL RECORDS AND MARCH 5, 1956 IN BOOK 6082, PAGE 301 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. DZ A PORTION OF SAID EASEMENT WAS RELEASED BY QUITCLAIM DEED RECORDED JUNE 26, 1990 AS FILE NO. 90-344818, OFFICIAL RECORDS. EA 100. A REVOCABLE LICENSE, UPON THE TERMS AND CONDITIONS SET FORTH THEREIN DATED: APRIL 2, 1963 LICENSOR: SAN DIEGO GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION LICENSEE: PIRATES' COVE INC., A CALIFORNIA CORPORATION RECORDE: APRIL 18, 1963 AS FILE NO. 66929 EB 101. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: JANSS CORPORATION, A DELAWARE CORPORATION PURPOSE: INGRESS TO AND EGRESS FROM THAT CERTAIN SUBDIVISION RECORDED: JUNE 8, 1965 AS FILE NO. 102193, OFFICIAL RECORDS AFFECTS: THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. EC 102. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS PREUMBC-8/23/93bk SCHEDULE BPase 24 (continued) Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING BEEN SEVERED FROM SAID LAND BY THE DOCUMENT RECORDED: MARCH 20, 1969 AS FILE NO. 48604, OFFICIAL RECORDS AFFECTS: THE FREEWAY ED 103 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION PURPOSE: ROAD, PUBLIC UTILITY PURPOSES AND INCIDENTALS THERETO RECORDED: NOVEMBER 13, 1972 AS FILE NO. 303347, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. EE 104 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION PURPOSE: A TEMPORARY ACCESS EASEMENT AND RIGHT OF WAY FOR VEHICULAR AND PEDESTRIAN ACCESS RECORDED: NOVEMBER 20, 1975 AS FILE NO. 75-326694, OFFICIAL RECORDS AFFECTS: THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. EF 105. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION PURPOSE: TEMPORARY FLOATING EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES AND APPURTENANCES THERETO RECORDED: NOVEMBER 20, 1975 AS FILE NO. 75-326695, OFFICIAL RECORDS AFFECTS: THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. EG 106. A LEASE WITH CERTAIN TERMS, COVENANTS, CONDITIONS AND PROVISIONS SET FORTH THEREIN. LESSOR: SAN DIEGO GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION LESSEE: THE CITY OF CARLSBAD, CALIFORNIA, A MUNICIPAL CORPORATION RECORDED: AUGUST 30, 1976 AS FILE NO. 76-282404, OFFICIAL PREUMBC-9/23/93bk SCHEDULE BPage 25 (continued) Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO RECORDS EH THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. El 107. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION PURPOSE: WATER PIPELINE PURPOSES AND INCIDENTALS THERETO RECORDED: DECEMBER 30, 1976 AS FILE NO. 76-440986, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. EJ 108. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION PURPOSE: SLOPE, DRAINAGE AND PUBLIC STREET PURPOSES AND INCIDENTALS THERETO RECORDED: JULY 18, 1988 AS FILE NO. 88-346329, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. EK 109 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION PURPOSE: SEWER PURPOSES AND INCIDENTALS THERETO TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS RECORDED: JUNE 14, 1991 AS FILE NO. 1991-0285931, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. EL 110. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION PURPOSE: PUBLIC STREET AND PUBLIC UTILITY PURPOSES, PERMANENT SLOPE PURPOSES, DRAINAGE PURPOSES AND TEMPORARY CONSTRUCTION PURPOSES RECORDED: JUNE 3, 1993 AS FILE NO. 1993-0350241, OFFICIAL RECORDS PREUMBC-9/23/93bk SCHEDULE BPase 26 (continued) Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. EM 111. ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT SOME PORTION OF SAID LAND IS TIDE OR SUBMERGED LANDS, OR HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS ACCRETED TO SUCH PORTIONS SO CREATED. EN 112. ANY RIGHTS, INTERESTS OR EASEMENTS IN FAVOR OF THE PUBLIC WHICH EXIST OR ARE CLAIMED TO EXIST OVER ANY PART OF SAID LAND COVERED BY WATER. EO 113. RIGHTS AND EASEMENTS FOR COMMERCE, NAVIGATION AND FISHERY. ES THE FOLLOWING ITEMS AFFECT PARCEL E ET 114. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1994-95 WHICH ARE A LIEN NOT YET PAYABLE. EU 115. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. EV 116. COVENANTS, CONDITIONS AND RESTRICTIONS (DELETING THEREFROM ANY RESTRICTIONS BASED ON RACE, COLOR OR CREED) AS SET FORTH IN THE DOCUMENT RECORDED: DECEMBER 22, 1922 IN BOOK 894, PAGE 393 OF DEEDS EU 117. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: WILLIAM G. HENSHAW PURPOSE: DAMS AND RESERVOIRS RECORDED: DECEMBER 22, 1922 IN BOOK 894, PAGE 393 OF OFFICIAL RECORDS AFFECTS: THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. EX 118. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: W. D. CANNON, AN UNMARRIED MAN PURPOSE: INGRESS AND EGRESS FOR WATER PUMPING AND DISTRIBUTION PURPOSES RECORDED: OCTOBER 8, 1948 IN.BOOK 2974, PAGE 486 OF OFFICIAL RECORDS AFFECTS: THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. PREUMBC-8/23/93bk SCHEDULE BPaie 27 (continued) Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO EY 119. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CARLSBAD MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT PURPOSE: INGRESS AND EGRESS RECORDED: MAY 15, 1961 AS FILE NO. 083960, OFFICIAL RECORDS AFFECTS: THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. EZ 120. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CITY OF CARLSBAD, A MUNICIPAL CORPORATION PURPOSE: THE TRANSMISSION AND DISTRIBUTION OF WATER AND FOR ALL OTHER PURPOSES CONNECTED THEREWITH RECORDED: JUNE 28, 1961 AS FILE NO. 110699, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. FA 121. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: AUGUST 5, 1981 AS FILE NO. 81-248284, OFFICIAL RECORDS AFFECTS: THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. FB RESTRICTIONS ON THE USE, BY THE OWNERS OF SAID LAND, OF THE EASEMENT AREA AS PROVIDED IN THE DOCUMENT REFERRED TO ABOVE. EP END OF SCHEDULE B FC NOTE NO. 1: WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE AFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: CONSTANCE L. M. WINTER (NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES PREUM8C-9/23/93W SCHEDULE B28 (continued) Order No: 968906 50 YourRef: CARLSBAD RANCH/LEGO MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.) FD NOTE NO. 2: IF TITLE IS TO BE INSURED IN THE TRUSTEE(S) OF A TRUST, (OR IF THEIR ACT IS TO BE INSURED), THIS COMPANY WILL REQUIRE A COPY OF THE TRUST INSTRUMENT CREATING SUCH TRUST, AND ALL AMENDMENTS THERETO, TOGETHER WITH A WRITTEN VERIFICATION BY ALL PRESENT TRUSTEES THAT THE COPY IS A TRUE AND CORRECT COPY OF THE TRUST, AS IT MAY HAVE BEEN AMENDED, THAT IT IS IN FULL FORCE AND EFFECT AND THAT IT HAS NOT BEEN REVOKED OR TERMINATED. FE NOTE NO. 3: CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 1, 1985 AS FILE NO. 85-411922 AFFECTS PARCEL B FF NOTE NO. 4: THE REQUIREMENT THAT A COPY OF THE PARTNERSHIP AGREEMENT OF CARLTAS COMPANY BE FURNISHED TO THIS COMPANY, TOGETHER WITH ALL SUPPLEMENTS, AMENDMENTS, ETC., THERETO. EQ NOTE: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB-ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. NOTE: ANY FUNDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS FOLLOWS : BANK OF AMERICA 1850 GATEWAY BOULEVARD CONCORD, CALIFORNIA ABA 121-000358 CREDIT TO CHICAGO TITLE SUB -ESCROW DEPOSITORY ACCOUNT NO. 12359-50752 FURTHER CREDIT TO ORDER NO: 000968906 ATTN: TOM VOTEL TITLE OFFICER ER EM PREUMBC-9/23/93bk OETMU^- : , LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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 lana or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Reorder Form No. 12599 (Rev. 2/93) CM Q.3 THJM LAN MAPI6ai 238 MS.PRCO-MRICU.TUMAI. PRCMRVC «CONTMACT> MUITV isiEMM1* Mr )i in r« ei MWKO no* UUHHUI rwiraus out MAP 823 - RHO AGUA HEOIONOA - FOR LOT H - HM209 ROS 1606,11737. 12462 o,•1 oD1O n(Uao PASEO DEL NORTE »AH OIC«0 COUNT! AMaMTI NAP *KZH N02 DETAIL "A"-NO SCALED PORLOT H MAP 823- RHO AGUA HEOOOA-RQS. ^Oft§B46,e673,7050.7J55.12462 <uJ3w otnai IDJJ (CQ awo; f 09 1 "This plat Is for your aid in locating your land with reference to streets and other par- cels. While this plat is believed to be cor- .. reel, the Company assumes no liability for any 'loss occuxing by reason of leliaace thereon." 212-04!HT I OF OFFER TO DEDICATE '* OPEN SAtCC *»«.».KIT.i.I. as?./C-i* - TIB SID DIEGO COuulT iSSCSSOI'S Mir ll 112 Hi 01 - IHT I Of 1 (0«.<sscsuiCNi runrous OMIT MAP 823 - RHlf ROS 5715, 8646 HEOIONOA - fc» LOT G - 1*15 IH HI£W a 2 oS1 "This plat Is for your aid In locating yourland with reference to streets and other par- cels. While this plat is believed to be cor- rect, the Company assumes no liability for s loss occuring by r thereon,1* 212 — 04 SHT 2 OF 2 Vao AO P* p) . AOMCUllUtlM. PRBOtVE (CONTRACT) 1« S D G * E TRANSMISSION NO ACCESS OPEN SPACE i SAN DIEGO COUNTY ASSESSOR'S MAP BOCK 212 PAGE O4 SHT. 2 OF 2 THIS UAP IS PREPARED FOR I ASSESSKNT PURPOSES ONLY. MAP 12903 - CARLSBAD 7CT NO 85-17 MAP 823 - RHO AGUA HEDIONDA - POR LOT G - MM514ROS 5715.10019.13415 c10CO 01 8- § "This pint is for your aid in locating your hn.l with reference to streets and other par- cv-ls W!>ib this pljt is lirlit-vcd to be cor- rect, the Company assumes no liability-for anf loss occuriog by reason of rehancetbereon.PT.S,2)2 -Ol la«400' V OtTAU.r-ioo' SUB DIEGO COUITV iSSESSOB'S M«P 6K 2IZ P6 01 T" "< \ MAP823-RHOXAGUA HEDIONOA W3S 7938, 10116,12462 -POR LOT F