HomeMy WebLinkAbout1991-05-14; City Council; 11158; Mello-Roos Election Results.
4 MELLO-ROOS ELECTION RESULTS
Adopt Resolution No. q 1 - I Y g , declaring the results the "Mello-Roos" Election 1
1991; and adopt Resolution No. Cii-14 9 , authorizing the creation of the CFL
transferring expenditures and authorizing a loan to that fund.
ITEM EXPLANATION
The returns of the Community Facilities District Special Election have been canv,
certificate showing the results of that canvass is attached as Exhibit "A" to Res( q / - / 4 8 , In accordance with the Elections' Code, the Certification is now bein to Council for action.
The attached Resolution declares the following election results:
The Special Tax and Bond Authorization
Proposition passed because it received the
required 2/3's voter approval.
A total of 8,197 votes were cast:
7,760 (94.7%) voted Yes 6 437 (5.3%) voted No
In addition to certifying the results of the election the Council is being asked t
authorize the transfer of all past expenditures, encumbrances and contracts rel;
formation of the CFD from the general fund to the new CFD fund. This transfer
a debt within the CFD to be repaid to the general fund as soon as revenues becomt
The first tax assessments will be collected with the December 10, 1991 tax
repayment of all costs may require more than one tax year depending on the cost (
issues planned for 1991-92. In addition to creating the new CFD fund and transfe
staff is asking for the Council to approve an advance of a final $50,000 to the C
cover costs between now and the end of the fiscal year. This advance will be part
owed from the CFD fund back to the general fund. Beginning in 1991-92 the CFD
sufficient. The City has no further obligation to support the operations or debts of 1
6 E Q 2
#I 2 0 F 0 4
$ z 3 0 0
1. Resolution No. q I - ( L6 g declaring the results of a "Mello-Roos Community Facil
1982" Special Tax and Bond Authorization Election.
Resolution No. q i -1 L& 7 , authorizing the creation of the Community Facilities
No. 1 Fund; the transfer of expenditures from the General Fund; and a loan tc
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RESOLUTION NO. 91-148
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, DECLARING THE
RESULTS OF A "MELLO-ROOS COMMUNITY FACILI-
TIES ACT OF 1982" SPECIAL TAX AND BOND
AUTHORIZATION ELECTION
WHEREAS, the CITY COUNCIL of the CITY OF CA
CALIFORNIA, (hereinafter referred to as the "legislative
the local Agency"), has previously declared its intent
held and conducted proceedings relating to the issuance t
to be secured by special taxes to pay for certain public
facilities in a community facilities district, as au
pursuant to the terms and provisions of the "Mello-Roof
nity Facilities Act of 1982", being Chapter 2.5, *
Division 2, Title 5 of the Government Code of the S
California, said Community Facilities District being ref6
as COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter refe
as the "District"); and,
WHEREAS, said legislative body did call for and ord6
held an election to submit to the qualified voters
District a proposition to incur a bonded indebtedness sec
a special tax levy to pay for certain capital facilities
District; and,
WHEREAS, at this time said election has been held
measure voted upon, and this legislative body does de
declare the results of the election in accordance w
provisions of the Elections Code of the State of Californi
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all t
correct.
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SECTION 2, That this legislative body hereby recei
approves the CERTIFICATE OF ELECTION OFFICIAL AND STATE
VOTES CAST, as submitted by the Election Official, said
ment setting forth the number of votes cast in the elect]
measure voted upon, and the number of votes given for
against the measure voted upon. A copy of said Certific
Statement is attached hereto, marked Exhibit "A", referer
so incorporated.
SECTION 3. That the City Clerk is hereby di:
pursuant to the provieions af the Elections Code of the E
California, to enter in the minutes the results of the L
as set forth in said STATEMENT OF VOTES CAST.
PASSED, APPROVED AND ADOPTED by the City Council
City of Carlsbad at its regular meeting held on the 14t
of May , 1991, by the following vote, to
AYES: Council Members Lewis, Kulchin, Larson, Nygaard
NOES: None
ABSENT: None
St ant on
ATTEST:
r
ALETHA L. RAUTENKRANZ, City C%rk
(SEAL)
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CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 9s.
CITY OF CARLSBAD )
I, ALETHA RAUTENKRANZ, ELECTION OFFICIAL OF THE
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DC
CERTIFY that pursuant to the provisions of Section 53326
Government Code and Division 12, commencing with Sectic
the returns of the votes cast at the
of the Elections code of the State of California, I did
CITY OF CARLSBAD
SPECIAL MAILED BALLOT ELECTION
COMMUNITY FACILITIES DISTRICT NO. 1
in said City, held May 7, 1991.
I FURTHER CERTIFY that this Statement of Votes Cas
the whole number of votes cast in said District in sai
and the whole number of votes cast for the Measure
District in said City, and the totals of the respective
and the totals as shown for the Measure are full, t
correct.
I. TOTAL NUMBER OF VOTES CAST: 8,197
11. TOTAL NUMBER OF VOTES FOR
AND AGAINST PROPOSITION A: FOR 7,760
AGAINST 437
WITNESS my hand and Official Seal this 8th
May , 1991.
ELECTION OFFICIAL
CITY OF CARLSBAD
STATE OF CALIFORNIA
EXHIBIT "A"
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RESOLUTION NO. 91-149
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD AUTHORIZING THE
CREATION OF THE COMMUNITY FACILITIES
DISTRICT NO. 1 FUND AND THE TRANSFER OF
EXPENDITURES FROM THE GENERAL FUND, AND
AUTHORIZING A LOAN OF FUNDS TO THE
COMMUNITY FACILITIES DISTRICT NO. 1
WHEREAS, the voters within Community Facilities District No. 1, hereins
as "CFD', have approved the creation of a Mello-Roos Community Facilities Dis
for the construction of certain public improvements; and
WHEREAS, the City of Carlsbad has expended general fund monies to s
cost of engineering, legal, and financial services related to the creation of CF.
expectation that all expenditures would be repaid from CFD if approved; and
WHEREAS, CFD will be assessing a tax against property within the bound(
CFD in fiscal year 1991-92 thereby creating a1 cash flow into the CFD which will
ability to repay some or all of the funds advanced by the general fund during tht
process; and
WHEREAS, some additional tax assessment related costs remain to
between the date of formation and the end of this fiscal year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
CITY OF CARLSBAD as follows:
1. That all CFD expenditures of funds, encumbrances, or contracts recorded
of Carlsbad General Fund shall be transferred to the CFD fund and that tl
shall represent a debt to be repaid to the City of Carlsbad General fund at
possible time.
That an additional amount of $50,000 shall be loaned to the CFD to COI
assessment services, and fiscal consulting services between this date and the
fiscal year.
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3. That the amount of the contracts with NBS/Lowry for special tax services
the formation of the CFD shall be increased by $40,000.
That the contract with Kadie, Jensen, Johnson and Bodner for fiscal consulti
related to the formation of the CFD shall be increased by $10,000.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the C
, 1991, by the following v
Council Members Lewis, Kulchin, Larson, Nygaard and Stan1
4.
of the City of Carlsbad on the 14th day of May
AYES:
NOES: None
ABSENT: None
ATTEST:
a&xL 4. R% ALETHA L. RAUTENKRANZ, CitylClerk
(Seal)
e e
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PROJECT FUTURE
P. 0. Box 4650
Carlsbad, CA 92008 May 14, 1991
Dear Mayor Lewis and Members of the City Council:
RE: AB 11,158--Declaring Mello-Roos Ellection Results
and Authorizing Creation of the CFD Fund
Starting with the November 14, 1989 proposal(AB 10,369)
to form a Citywide Mello-Roos Community Facilities District,
we have repeatedly expressed to this body our serious concern:
about the project and its conformance with CEQA in written anc
orallcomments by, among others, the undersigned and our repre-
sentatives Roy Gorman and Terrell Watt.
These include letters on file January 20, 1990: January :
1990; July 10, 1990; August 8, 1990; August 28, 1990; Decembei
1990; and January 29, 1991.
For the reasons set forth in our prior communications anc
until all issues relevant to the legal validity of the establ:
ment of the district have been completely resolved, we ask thc
council to defer all action pursuant to the establishment of
Mello-Roos Citywide Community Facilities District #1 in the
City of Carlsbad.
Very truly yours,
PROJECT FUTURE
BY
L A-eL-
Anne Mauch, Secretary
e e
A
PROJECT FUTURE
P. 0. Box 4650 Carlsbad, CA 92008
May 14, 1991
Dear Mayor Lewis and Membecs ;of the City Council:'
RE: AB 11,088(3/26/91) Improvements Needed to
Palomar Airport Road and 1-5 Interchange
In a separate letter to the council, also dated May 14,
1991, PROJECT FUTURE asks the council to defer all action
Facilities District #1 until all issues pertinent to the
legal validity--or invalidity--of the establishment of the
district have been completely resolved,
pursuant to the establishment of Mello-Roos Community
In conjunction and consistent with that request, we
ask that the council take no action contingent upon establisl.
ment of the district until the legal validity of the district
has been determined and the district subsequently established.
Further, we reiterate the concern we expressed at the
May 6, 1991, public hearing on the Price Club project that
provisions of the Growth Management Ordinance, especially
Section 21,90,13O(c), be strictly implemented and enforced,
Section 21.90.130(c)says: "If the council determines
that a deficiency exists then no further building or develop-
ment permits shall be issued within the affected zone or
zones and development shall cease until an amendment to the
city-wide facilities and improvements plan or applicable
local facilities management plan which addresses the deficienc
is approved by the city council and the performance standard
is met." (Underlining added,)
The council recognized such a deficiency at its March 26,
1991, meeting. We therefore ask that the council immediately
take appropriate actions to stop development and cease
issuance of building and development permits in the impacted
zones until the remedies specified in Section 21,90.130(c)
have been effected.
Very truly yours,
PROJECT FUTURE
BY a, z\
Anne Mauch
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NO. OF BALLOT OWNER'S NAME & ADDRESS VOTES NO - .-__-------------------------------- ------
44-M HOMES 19
'7 UPPER NEWPORT PLAZA NEWPORT BEACH, CA 92660
ABADA, AHARON 29
t3AN DIEGO, CA 92120
00 I
___
6121 ROMANY DRIVE €IQ2
00 3
-
AITCHISON, WALLACE G 1
6112 W 75TH PLACE
:LOS ANGELES, CA 90045 -
ALADRAY, NAZEAN & JOSEPH 1
04
2555 FAIRGROUNDS DRIVE #56 mg
.PO BOX 2308 RANCHO SANTA FE, CA 92067
L ALSOP, ANNE TR 1
'VALLEJO, CA 94589 -
pal-h
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Li/ I</? /
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COMMUNITY FACILITIES DISTRICT NO. 1
QUALIFIED ELECTORS
-s
1991 CITY OF CARLSBAD
NO. OF
OWNER'S NAME.& ADDRESS VOTES .----------------,-,,,,_,,,,,,,,__,_ -------
27611 LA PAZ ROAD LAGUNA NIGUEL, CA 92677
ELROY & ASSOC
I3REN DONALD L CO
qRY PAGE 2
0 w
COMMUNITY FACILITIES DISTRICT NO. 1
‘5.
199f . CITY OF CARLSBAD
* QUALIFIED ELECTORS
.----------------------------------- -------
1 -% &’-?y-
ClARLSBAD OAKS EAST LTD C!/O TECH CONSTRUCTION CORP
F’O BOX 80036
RY PAGE 3 ELECTORS
NO. OF
VOTES -------------,-.-,---,--------------- --------
CARDIFF, CA 92007
CHAPPEE, EUGENE
OWNER'S NAME . & ADDRESS
i
T
1 654 N HIGHWAY 101
EiNCINITAS, CA 92024 -
4 COBRA-BLACKMORE
C!/O ALLEN BLACKMORE
PO BOX 424
IEANCHO SANTA FE, CA 92067
COMMUNITY BANK CORP
3233 SAN FERNANDO RD, STE 3
CRIVELLO FAMILY TRUST
C/O SUN PACIFIC ENT
PO BOX 6189
SAN DIEGO, CA 92106
DANIELS CABLEVISION
3200 CHERRY CREEK S DR, STE 500
~-
4 C/O M KERSOG
LiOS ANGELES, CA 90065 -
5
-
1
DENVER, CO 80209
12520 HIGH BLUFF DR #300
21 DAVIDSON/COSCAN PARTNERS
SAN DIEGO, CA 92130
DELORM, ROBERT
OCEANSIDE, CA 92054
DEVLIN, LESLIE L
MENTONE, CA 92359
-
11
2421 DUNSTAN ST
1131 AMETHYST
LONG 5350 E BEACH, BROADWAY CA 90803
-
1
DICKIE, CHARLES & VIRGINA 1'
- r
1 DONAHUE, RICHARD ET AL
4964 DAVID WAY SAN BERNARDINO, CA 92404
PO BOX 607
ENCINITAS, CA 92024
EDWARDS, MARJORIE R
PO BOX 1905 RANCHO SANTA FE, CA 92067
1/ _. I - ECKE, PAUL SR 23
-
1
-
@ALLOT 0 &l-E
do. Mr9ILE b
03 8'
03?
4 I 137 7 /
41 i 5r/q ~
0 40 %q*,
w/ <I?, OW
Q42 4Ii3~/71
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OYb 411sl, /
0 q 7 Ylq(7,
0 4 8' 4//3-/7 I
9//57$,
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w i99i CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1
* QUALIFIED ELECTORS
OWNER'S NAME & ADDRESS
---------------------w---------w--- --111111
ENGLER, WILLIAM E.
C/O THE FIELDSTONE CO
HADLEY, PAUL & PEGGY 4743 W HOFFER ST
HEAD WILLIAM E C/O RAMON D ASEDO PO BOX 207
HERRICK DEVELOPMENT
755 RAINTREE DRIVE
RY PAGE 5 ELECTORS
W - 1991 L CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1
QUALIFIED ELECTORS
OWNER'S NAME. & ADDRESS
----------------,--,,,,,,,,,,,_____ ---_---
HUNTINGTON BEACH CO
C/O CHEVRON USA INC 5-0
PO BOX 175
JRY PAGE 6 ELECTORS
IRVINE, CA 92664
LYON COMMUNITIES INC 4330 LA JOLLA VILLAGE DR, STE 130 SAN DIEGO, CA 92122
LYON/ COPLEY CARLSBAD ASSOC
4490 VON KARMAN NEWPORT BEACH, CA 92660
MADISON SQUARE DEVELOPMENT I1
4223 PONDEROSA AVE #A
-
28
-- 0
478
7
3
0 8Y 4/1q9,
0 Fl 4113--ii4/
0 869 hyy /
I
ENCINITAS, CA 92024
MCKINNEY, RONALD & EVELYN 6 4355 HUERFANO AVE
SAN DIEGO CA 92117
MCREYNOLDS, ANDREW 35
--_ -
2316 CALLE CHIQUITA LA JOLLA, CA 92037
MCROSKEY, JOHN 9 6212 CORTE DEL ABET0
CARLSBAD, CA 92009
MENDIVIL, MARIA ET AL 8 REI-AlLGfJ --re:
4748 VALLE VERDE CT ar2m mflNz4G’L-
LA VERNE, CA 91750 rnLSS,P”’ LTIEJ-C, cA 92 L92
MERCOTAL INC 3 7167 CONSTRUCTION CT SAN DIEGO, CA 92121
MISON ESTANCIA PARTNERSHIP 7 C/O MOLA DEVELOPMENT CORP
4699 JAMBOREE NEWPORT BEACH, CA 92660
MITSUUCHI, ROY & NANCY 30
YlIJ//q {
0 7-3 WlJT/9 /
cf? LJ qlcf?/
0 95’ .i/ I G/?,
07 6 Lu 1qq 1
097 y//.’/9 1
072
4/2 3/ ?/
j ,sa‘ 1120 S FIGUEROA ST SANTA ANA, CA 92704
MOORE, GUY S. JR. 2 049
qRY PAGE 8
4k4/
~lI379 (
ELECTORS
e w
i99i CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1
' QUALIFIED ELECTORS
NO. OF
OWNER'S NAME 61 ADDRESS VOTES ................................... --------
IRY PAGE 9 ELECTORS
NO. OF OWNER’S NAME & ADDRESS VOTES ................................... -------
PRICE CO. 62 PO BOX 85466 SAN DIEGO, CA 92138
PROPERTY MORTGAGE CO 4 C/O BALBOA CAPITAL CORP 14724 VENTURA BLVD SHERMAN OAKS, CA 91403
PURITAN-BENNETT CORP 26 2310 CAMINO VIDA ROBLE
CARLSBAD, CA 92009 SF
RDC DEVCO I1 LTD PARTNERSHIP 20
180 N. RIVERIEW DR, STE 130
C/O REPUBLIC DEVELOPMENT CO
ANAHEIM, CA 92808
RICE ENTERPRISES 92 PO BOX 4782 SAN CLEMENTE, CA 92672
~
ROBERTSON, BRIAN K 7 4656 EL CAMINO REAL CARLSBAD, CA 92008
D &TI5 B 4 LLOT
r*p. m\R. 1 LEO
I la qw/7,
/E5 wj$,
IIq q Ir q7,
I IS’ 4Wh/
1 lb Llli</f t
I17 ‘I/ d? J
QUALIFIED ELECTORS
B A LL0-i- NO. OF VOTES NO. OWNER’S NAME & ADDRESS ................................... -------
/ 25’ SCHINDLER, THURL0 11 648 MARSOLAN AVE SOLANA BEACH CA 92075
SCHREIBER, DALE 2
CARLSBAD, CA 92009
SDG&E 1
SAN DIEGO, CA 92010
SEA BLUFF ASSOCIATES 6 276 N EL CAMINO REAL OCEANSIDE, CA 92054
SEAPOINTE PROFESSION lo 535 ENCINITAS BLVD, STE 116 ENCINITAS, CA 92024
SHELLEY, DANIEL T 195
ENCINITAS, CA 92024
SHERMAN, JOSEPH 30 P 0 BOX 2529
SAN GABRIEL, CA 91778
7163 ARGONAUTA WAY lad
101 ASH STREET 127
I a d --
I27
905 OLIVE CREST DR /30
-
131
_-
SIPPEL MARVIN ET AL 2 806 WESTFIELD AVE PORTERVILLE, CA 93257
STANTON, MARIE L 1
13a
I33 1438 PACIFIC STREET REDLANDS, CA 92373
STEINDORF, ALBERT 0 & SONDRA G
1410 VALLEDA LANE ENCINITAS, CA 92024
SUGINO, MASADA &I IKUK 6 2050 S DEL DIOS HIGHWAY ESCONDIDO CA 92025
SUNBELT PLANNING CO 69 8641 FIRESTONE BLVD DOWNEY, CA 90241
SUNNY CREEK I PARTNERSHIP 18
5 i3’1
) 33’
/3(Q
C/O 5850 JAMES AVENIDA E BETZ ENCINAS, STE A 137
CARLSBAD, CA 90241
0 &-re
rnA-LLEb
Lwh /
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q1Gb f
W1i-h /
q 1 ,s-/q,
7/dT/ 9 I
4iL5-/9,
4/K[q,
%%/
LI /I 377 /
Lh&/
411 G%/
y//Jl/ql
QUALIFIED ELECTORS
NO. OF OWNER'S NAME & ADDRESS VOTES ................................... -------
SUNNY CREEK I1 PARTNERSHIP 77 C/O RUSSELL W GROSSE DEV CO, INC
5850 AVENIDA ENCINAS, STE A CARLSBAD, CA 92008
TABATA, AKIRA & JOYCE 5 8201 LEGION PLACE MIDWAY CITY CA 92655
TABATA, NOBORU & EVELYN 25 PO BOX 943 CARLSBAD, CA 92008
TABATA, NOBORU ET AL 14 PO BOX 943 CARLSBAD, CA 92008
-
TARTAGLIA, PATRICIA 1 56 MONARCH BAY SOUTH LAGUNA BEACH, CA 92677
THERRIEN, CHARLES J 2 926 E TWELFTH STREET NATIONAL CITY, CA 92050
THOMPSON, DAVID & KAREN 28 PO BOX 1487 CARLSBAD, CA 92008
THOMPSON, DAVID B 5
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PO BOX 1487 CARLSBAD, CA 92008
THOMPSON, HAROLD 10 C/O HALCO INC
145 E RENO AVE E-7
LAS VEGAS NV 89119
TREETOPS UNLIMITED 7 3900 HARNEY ST SAN DIEGO, CA 92110
UNION OIL CO OF CALIFORNIA TAX DIVISION PO BOX 7600 LOS ANGELES, CA 90051
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WRISLEY, RALPH & HOPE
PO BOX 2028 CARLSBAD, CA 92008
YAMAMOTO, YUJIRO ti YAMA 1201 VIA LA JOLLA
SAN CLEMENTE CA 92672
YMCA OF SAN DIEGO
7510 CLAIRMONT MESA BLVD
3
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SAN DIEGO, CA 92111
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27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
i
ASSESSOR'S TAXABLE AC
OWNER'S NAME &ADDRESS PARCEL NO. GROSS AC CURRENT FY
A-M HOMES 215-612-10 18.23 18.23
Total : 18.23 18.23
Count: 1
ABADA, AHARON 214-140-40 28.35 28.17
................................... --______-- ________ __________
-__------- -------- -------_-_
----_-_--- -----___ --________
Total: 28.35 28.17
Count : 1
AITCHISON, WALLACE G 215-070-18 1.00 0.00
Total: 1 .oo 0.00
Count: 1
ALADRAY, NAZEAN & JOSEPH 212-040-26 0.63 0.63
Tota 1 : 0.63 0.63
Count: 1
ALSOP, ANNE TR 214-022-1 0 0.18 0.18
Total: 0.18 0.18
Count: 1
ALTAMIRA UNIT NO 4 214-300-08 0.68 0.68
Total: 0.68 0-68
Count : 1
ANDREX DEVELOPMENT CO 213-050-45 2.68 2.68
Total: 2.68 2.68
Count: 1
ARIE DEJONG JR. FAMILY TRUST 215-080-01 32.90 0.00
Total: 32.90 0.00
Count: 1
AVIARA LAND ASSOC 214-170-51 40.00 40.00
215-040-18 20.00 20.00
215-040-19 18.30 18.30
215-040-20 49.30 49.30
215-040-21 15.40 15.40
215-040-22 25.00 25.00
215-040-23 107.70 107.70
215-070-25 5-03 5.03
215-080-24 50.50 50.50
215-080-25 24.25 0.00
21 5-592- 01 6.94 0.00
---------_ ------__ -_________
-------___ ------__ __________
---------- __------ ---__-----
----__---- -_-__--- ---_-____-
---------- -------- -------___
---------- -----_-_ ----------
NBS/LOURY A68-015-025 PAGE 1 TAXABLE PARCELS
F e @
27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR'S TAXABLE AC
OWNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY ................................... ---------- ________ ______-___
AVIARA LAND ASSOC 215-592-02 21.02 3.00
21 5-592-04 2.56 2.10
215-592-09 2.84 2.84
215-592-10 30.52 0.00
215-592-19 13.84 0.00
215-600-15 0.16 0.16
215-600-16 0.16 0.16
215-600-23 0.17 0.17
215-600-24 0.17 0.17
21 5 - 600 - 25 0.17 0.17
215-600-26 0.17 0.17
215-600-27 0.30 0.30
215-610-01 0.30 0.30
215-610-02 0.22 0.22
215-610-03 0.22 0.22
215-61 0-04 0.22 0.22
215-610-05 0.22 0.22
215-610-06 0.22 0.22
215-610-07 0.23 0.23
21 5 -61 0 - 08 0.23 0.23
215-610-09 0.23 0.23
215-610-10 0.23 0.23
215-610-11 0.23 0.23
215-610-12 0.23 0.23
215-610-13 0.23 0.23
215-610-14 0.23 0.23
215-610-15 0.23 0.23
215-610-16 0.24 0.24
215-610-17 0.24 0.24
215-610-18 0.25 0.25
215-610-19 0.30 0.30
215-610-20 0.30 0.30
215-610-21 0.28 0.28
21 5-61 0-22 0.28 0.28
215-610-23 0.28 0.28
215-610-24 0.28 0.28
215-610-25 0.25 0.25
215-610-26 0.25 0.25
215-610-27 0.25 0.25
215-610-28 0.25 0.25
215-610-29 0.25 0.25
215-610-30 0.25 0.25
215-610-31 0.24 0.24
215-610-32 0.24 0.24
215-610-33 0.24 0.24
215-610-34 0.24 0.24
215-610-35 0.24 0.24
215-610-36 0.24 0.24
215-61 0-37 0.24 0.24
215-61 0-38 0.24 0.24
215-610-39 0.24 0.24
NBS/LOWRY A68-015-025 PAGE 2 TAXABLE PARCELS
a e
27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR'S TAXABLE AC
OWNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY
AVIARA LAND ASSOC 215-610-40 0.22 0.22
215-610-41 0.30 0.30
215-611-01 0.29 0.29
215-611-02 0.29 0.29
215-611-03 0.29 0.29
215-611-04 0.29 0.29
215-61 1-05 0.25 0.25
215-61 1-06 0.25 0.25
215-611-07 0.25 0.25
215-611-08 0.25 0.25
21 5-61 1 -09 0.25 0.25
215-611-10 0.25 0.25
215-611-11 0.25 0.25
215-611-12 0.25 0.25
215-611-13 0.29 0.29
215-611-14 0.29 0.29
215-611-15 0.29 0.29
215-611-16 0.34 0.34
215-61 1-17 0.54 0.54
215-611-18 0 -37 0.37
215-611-19 0.35 0.35
215-611-20 0.35 0.35
215-61 1-21 0.29 0.29
215-611-22 0.29 0.29
21 5-61 1 -23 0.29 0.29
215-611-24 0.39 0.39
215-611-25 0.44 0.44
215-611-26 0.44 0.44
215-61 1-27 0.44 0.44
215-611-28 0.43 0.43
215-612-05 39.31 0.00
215-61 2-09 30.26 0.00
215-612-13 41.35 0.00
215-612-14 7.32 7.32
215-612-17 1.23 1.23
216-1 10-02 4.00 0.00
216-110-19 21.49 0.00
216-110-28 10.39 0.00
216-111-04 84.99 0.00
216-111-07 90.04 0.00
216-111-08 29.50 29.50
216-111-09 20.80 0.00
216-121-15 63.50 0.00
216-121-16 60.27 0.00
216-122-01 28.85 0.00
21 6- 150-07 5.32 0.00
216-150-18 36.83 36.83
216-150-19 1.10 1 .IO
_________-_-________--------------- ---------- -------- ----------
215-611-29 0.34 0.34
---------- -------- ____--____
Total: 1,030.48 435.88
NBS/LOURY A68-015-025 PAGE 3 TAXABLE PARCELS
I 0 e
27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR ' S TAXABLE AC
OWNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY ................................... --------__ -__-____ _______--_
Count: 111
AVIARA M.H.A. 215-592-03 3.15 0.00
215-592-11 3.08 0.00
215-592-16 2.40 0.00
21 5- 592- 17 2.33 0.00
215-592-18 1.57 0.00
215-602-53 0.36 0.00
215-602-54 0.07 0.00
215-612-03 7.17 0.00
215-612-08 0.04 0.00
215-612-11 7.82 0.00
215-612-12 4.15 0.00
215-612-15 4.74 0.00
215-612-16 28.36 0.00
Total: 65.24 0.00
Count: 13
AVIARA RESORT ASSOC 215-612-01 32.94 0.00
215-612-02 5.15 0.00
Total: 38.09 0.00
Count: 2
-________- ---____- __________
____-_____ ---____- --------__
AVI ARA-5 21 5- 592- 08 4.11 4.11
215-592-12 3.17 3.17
215-592-13 4.55 4.55
215-592-14 4.16 4.16
215-592-15 12.22 12.22
Total: 28.21 28.21
Count: 5
BACHMAN, JOHN & ALICE 214-021-01 0.35 0.35
214-021-02 0.37 0.37
214-021-08 0.35 0.35
214-021-09 0.36 0.36
Total: 1.43 1.43
Count: 4
BARBER, ROSS & MABEL L TRS 209 - 060 - 5 7 1.22 1.20
Total: 1.22 1.20 1-3,
---______- ---__--- -----___-_
---------- -------- --__------
ee fa
rr f? ;'3 1 ---------- -----I-- __________
bb -
1 f ,$ g sGt Count:
BATIQUITOS BLUFF
p" e-
e 216-140-27/ 17.74 1;:;; ;T J(A IZA ~olFIs~
H 216-140-31 J 4.25 3.83
(3 216-140-28 22.86
216-140-29 J 0.01 0.00 $E E
NBWLOWRY A68-015-025 PAGE 4 TAXABLE PARCELS
* e
27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR’S TAXABLE AC
OWNERIS NAME & ADDRESS PARCEL NO- GROSS AC CURRENT FY
p0,tdsC‘TTlff c ................................... -_________ ________ __________ e¶. 23 BATIQUITOS BLUFF - 21 6- 420- 79 2.45 2.21 - I<A 124 Sl5.s ---------- ________ __________
fP - 22.01
ad
Total : m -
Count: 5
BATIQUITOS POINTE - 216-140-17 J 6.23 5.61 s
”p..@ ,qATL ..%G&O 1 H216-140-18 ’ 17.10 13.73
216-140-19 10.06 0.00- i3F;;f” -_____---- ________ -_________ -4- F-
Total: 19.34
Count: 3
BCE DEVELOPMENT CORP 223-030-56 7.97 0.00
223- 060 -60 1.26 0.00
Tota 1 : 9.23 0.00
Count: 2
---------- __------ ----------
BCS PROGRAM L-2 212-040-29 18.11 17.69
Total: 18.11 17.69
Count: 1
BECKMAN INSTRUMENTS 209-050-29 25.85 19.40
Total: 25.85 19.40
Count: 1
BIRTCHER BUSINESS CENTER 212-110-08 1.59 1.59
Total: 1.59 1.59
Count: 1
BLONSKI, THEODORE 8, MIRIAM 210-100-05 0.60 0.60
210-100-06 3.34 3.34
210-100-12 0.27 0.27
Total: 4.21 4.21
---------- ____---- __________
---------- -----__- -__-______
---------- -------_ __________
---------- ---_-___ __________
Count I 3
BOLTON, GEORGE & MU1 21 5-070- 23 0.68 0.00
Total: 0.68 0.00 Count: 1
BRAEUOOD DEVELOPMENT 213-061-13 2.17 2.17
Total: 2.17 2.17 Count : 1
BRAMALEA CALIFORNIA, INC 215-612-04 11.48 11.48
---------- -_------ -_________
---------- -------- --------__
NBS/LOWRY A68-015-025 PAGE 5 TAXABLE PARCELS
e e
27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR'S TAXABLE AC
OWNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY ................................... --------_- --_----_ _____-____ ---------- --__-c-- --_----___
Total : 11.48 11 -48
Count : 1
BREN DONALD L CO 255-031-18 30.61 21.69
Total: 30.61 21.69
Count : 1
BRIGHTON CARLSBAD ASSOC 264-010-21 16.75 12.72
264-010-22 15.20 7.79
-------_-- ---_---_ ______-___
2 lpd - 022 -71 bj+-.Sl
25-5-031- 17 23 264-010-23 13.28 9.49
264-010-25 102.61 92.35 ---------- -------- --__---___
Total : 122.35 217 Count: 4
BRYANT, FRANK 215-070-19 7.09 0.00
TotaL: 7.09 0.00
Count: 1
BUERGER, WILLIAM & ANN 215-040-08 2.53 0.00
215-040-10 2.52 0.00
Total: 5.05 0.00
Count: 2
-------__- -------- -____--___
---------- -------- -_--------
CALIFORNIA COMMUNITIES INC 212-040-30 85.43 64.82
212-120-33 13.92 10.40
Total: 99.35 75.22 count: 2
CAMPBELL, TOM ET AL 214-022-11 0.36 0.36
Total: 0.36 0.36
Count: 1
CANTARINI, BANNING T ET AL 209-070- 01 138.50 0.00
209-070-02 3.12 2.84
Total : 141.62 2.84
Count : 2
CARLSBAD 54 PARTNER 212-020-23 53.66 40.30
Total: 53.66 40.30
Count : 1
CARLSBAD AIRPORT CENTER 21 2- 081 - 0 1 2.58 2.58
-----_____ --__---- ---__--_--
---_-_____ --__---- ---__---__
-----____- -------- __________
--------_- -_____-- __-----_--
NBS/LOWRY A68-015-025 PAGE 6 TAXABLE PARCELS
e m
27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR'S TAXABLE AC
OWNER'S NAME 81 ADDRESS PARCEL NO. GROSS AC CURRENT FY
CARLSBAD AIRPORT CENTER 212-081-02 2.51 2.51
212-081-03 4.05 4.05
21 2-081 - 04 1.86 1.86
212-081 -05 2.39 2.39
212-081-06 1.99 1.99
212-081-08 2.12 2.12
212-081-09 2.08 2.08
212-081-10 3.58 2.10
212-081-11 2.66 2.66
212-081-13 1.48 1.48
212-081-14 2.32 2.32
212-081-15 2.62 2.62
212-081 - 17 6.55 6.55
212-081-18 13.71 10.30
212-082-01 2.73 2.73
212-082-02 3.11 3.11
212-082-03 2.10 2.10
212-082-04 3.16 1.80
212-082-05 2.74 2.20
212-082-06 2.75 2.20
21 2- 082-07 8.56 3.90
21 2-082-08 4.19 4.19
212-082-09 12.70 8.20
212-091 -01 2.71 2.71
212-091-02 3.13 3.13
212-091-03 4.73 2.70
212-091-04 4.75 4.75
212-091-05 4.31 4.31
212-091-08 1.50 1.50
212-091-13 3.85 3.85
212-091-14 2.56 2.56
212-091-15 4.37 2.10
212-091-16 3.93 1 .IO
212-091-17 11.74 0.00
212-091 - 19 3.33 2.70
21 2- 092- 0 1 2.44 2.44
212-092-02 2.28 2.28
212-092-03 2.79 2.79
212-092-04 3.89 3.89
212-092-05 4.65 4.65
212-092-06 2.88 2.88
212-092-07 1.68 1.68
212-092-08 1.53 1.53
212-092-09 1.49 1.49
21 2-092- 10 1.55 1-55
21 2- 092- 1 1 1.26 1.26
21 2- 092- 1 2 2.16 2.16
212-092-13 3.23 3.23
212-092-19 3.32 3.32
212-092-22 1.48 1.24
................................... --_------- _---____ __________
212-081-07 1.64 1.64
NBS/LOURY A68-015-025 PAGE 7 TAXABLE PARCELS
0
27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR'S TAXABLE AC
OWNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY
CARLSBAD AIRPORT CENTER 21 2-092- 23 2.01 1.76
212-093-01 5.50 5.50
212-093-02 2.91 2.91
21 2- 093- 03 2.99 2.99
212-093-04 4.43 4.43
212-093-05 3.51 3.51
212-093-06 2.06 2.06
212-093-07 2.19 2.19
212-093-08 5.65 5.65
212-093-09 5.11 5.11
Total : 220.08 183.59
Count: 62
CARLSBAD DEVELOPMENT CO 168-050-02 25.12 25.12
168-050-05 253.00 206.00
Total: 278.12 231.12
Count : 2
................................... _-___---__ -____--_ __-_____c_
---------- ---_---- ----__---_
--_------_ -------- __-__-__-_
CARLSBAD HEIGHTS ASSOC 212-040-41 54.73 41 .OO ---------- -------- __----__--
Total: 54.73 41 -00
Count: 1
CARLSBAD OAKS EAST LTD 209 -082-02 5.69 5 -69
209-082-03 8.63 8.63
209-082-06 4.02 4.02
209-082-07 5.11 5.11
209-082-08 6.24 6.24
209-083-01 6.31 6.31
209- 083- 02 5.24 5.24
209- 083- 03 5.48 5.48
209-083-07 5.58 5.58
209-083-08 4.86 4.86
209-083-11 5.70 5.70
209-083-12 2.00 2.00
209- 083- 15 4.92 4 -92
Total: 69.78 69.78
Count : 13
CARNATION PROPERTIES 215-070-06 10.05 0.00
Total: 10.05 0.00
Count : 1
CHAPPEE, EUGENE 214-160-28 0.92 0.92
Total: 0.92 0.92
Count : 1
_____-____ -----_-- -_---_-_--
---------- ---_--_- _____-____
-_-__r--__ -_______ ___-_____-
NBS/LOWRY A68-015-025 PAGE 8 TAXABLE PARCELS
0 0
27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO- 1
TAXABLE PARCELS
ASSESSOR'S TAXABLE AC
OWNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY
COBRA-BLACKMORE 212-120-06 3.82 3.82
Total : 3.82 3.82
Count : 1
COMMUNITY BANK CORP 216-122-25 3.64 0.00
Tota 1 : 3.64 0.00
Count: 1
CRIVELLO FAMILY TRUST 212-061-03 4.74 4.74
Total: 4.74 4.74
Count: 1
................................... ----_----- -____-_- ___--_____
------_--- -------_ ___-_-_-__
_-___-____ _____-__ _------__-
---------- -------- _----__-__
DANIELS CABLEVISION 223-010-40 0.40 0.36
Total: 0.40 0.36
Count: 1
DAVIDSON/COSCAN PARTNERS 215-590-01 0.13 0.13
215-590- 02 0.13 0.13
215-590-03 0.13 0.13
215-590-04 0.13 0.13
215-590-05 0.13 0.13
215-590-06 0.13 0.13
215-590-07 0.13 0.13
215-590-08 0.13 0.13
21 5-590- 09 0.13 0.13
215-590-10 0.07 0.00
215-590-11 0.13 0.13
215-590- 12 0.13 0.13
21 5-590- 13 0.13 0.13
215-590-14 0.13 0-13
215-590- 15 0.13 0.13
215-590-16 0.13 0.13
215-590- 17 0.13 0.13
215-590- 18 0.22 0.22
215-590-19 0.20 0.20
215-590-20 0.20 0.20
21 5-590-21 0.19 0.19
21 5-590-22 0.13 0.13
215-590-23 0.22 0.22
215-590-24 0.22 0.22
215-590-25 0.22 0.22
215-590-26 0.22 0.22
215-590-27 0.13 0.13
215-590-28 0.13 0.13
215-590-29 0.17 0.17
215-590-30 0.18 0.18
215-590-31 0.18 0.18
---------- -_______ __----__--
NBS/LOURY AM-01 5- 025 PAGE 9 TAXABLE PARCELS
0 0
27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR'S TAXABLE AC
OUNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY
DAVIDSON/COSCAN PARTNERS 215-590-32 0.18 0.18
215-590-33 0.30 0.30
215-590-34 0.30 0.30
215-590-35 0.25 0.25
215-590-36 0.25 0.25
215-590-37 0.25 0.25
................................... __________ ________ _______--_
215-590-38 0.25 0.25
215-590-39 0.15 0.15
215-590-40 0.15 0.15
21 5 -590-41 0.17 0.17
215-590-42 0.17 0.17
215-590-43 0.15 0.00
215-591-01 0.18 0.18
215-591-02 0.22 0.22
215-591-03 0.22 0.22
215-591-04 0.22 0.22
215-591-05 0.22 0.22
215-591-06 0.22 0.22
215-591-07 0.22 0.22
215-591-08 0.14 0.14
215-591-09 0.07 0.00
215-591 -10 0.13 0.13
215-591-11 0.13 0.13
215-591-12 0.13 0.13
215-591-13 0.13 0.13
215-591-14 0.13 0.13
215-591- 15 0.18 0-18
215-591- 16 0.22 0.22
215-591-17 0.18 0.18
215-591-18 0.18 0.18
215-591-19 0.18 0.18
215-591-20 0.18 0.18
215-591-21 0.16 0.16
215-591-22 0.16 0.16
215-591-23 0.08 0.00
215-591-24 0.16 0.16
215-591-25 0.16 0.16
215-591-26 0.16 0.16
215-591-27 0.16 0.16
215-591 -28 0.16 0.16
215-591-29 0.19 0.19
215-620-01 0.18 0.18
215-620-02 0.16 0.16
215-620-03 0.14 0.14
215-620-04 0.14 0.14
215-620-05 0.14 0.14
215-620-06 0.14 0.14
215-620-07 0.07 0.00
215-620-08 0.14 0.14
215-620-09 0.14 0.14
215-620-10 0.15 0.15
NBS/LOURY A68-015-025 PAGE 10 TAXABLE PARCELS
9 0 0
27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR'S TAXABLE AC
OWNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY ---__-__-__________________________ _--_-_____ -_-_____ __________
DAVIDSON/COSCAN PARTNERS 215-620-11 0.15 0.15
215-620- 12 0.14 0.14
215-620-13 0.15 0.15
215-620-14 0.17 0.17
215-620-15 0.20 0.20
2 1 5 -620- 1 7 0.20 0.20
215-620-18 0.18 0.18
215-620-19 0.18 0.18
215-620-20 0.16 0.16
215-620-21 0.16 0.16
215-620-22 0.18 0.00
215-620-23 0.15 0.15
215-620-24 0.15 0.15
215-620-25 0.16 0.16
215-620-26 0.14 0.14
215-620-27 0.14 0.14
215-620-28 0.14 0.14
215-620-29 0.14 0.14
215.620.16 0.20 0.20
215-620-30 0.14 0.14 215-620-31 0.14 0.14
215-620-32 0.14 0.14
215-620-33 0.14 0.14
215-620-34 0.14 0.14
215-620-35 0.15 0.15
215-620-36 0.15 0.15
215-620-37 0.15 0.15
215-620-38 0.15 0.15
215-620-39 0.15 0.15
215-620-40 0.17 0.17
215-620-41 0.19 0.19
215-620-42 0.19 0.19
215-620-43 0.19 0.19
215-620-44 0.25 0.25
215-620-45 0.22 0.22
215-620-46 0.18 0.18
215-620-47 0.18 0.18
215-620-48 0.18 0.18
215-620-49 0.18 0.18
21 5 - 620 -5 1 0.16 0.16
215-620-52 0.18 0.18
Total: 20.57 19.95
Count: 124
DELORM, ROBERT 209-040-24 11-00 7.58
Tota L : 11.00 7.58
Count: 1
215-620-50 0.16 0.16
---------- -------- ____c_____
---------- -___---- ----------
NBS/LOURY A68-015-025 PAGE 11 TAXABLE PARCELS
9 0 0
27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR'S TAXABLE AC
OUNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY
DEVLIN, LESLIE L 214-022-18 0.18 0.18
Total : 0.18 0.18
Count: 1
DICKIE, CHARLES & VIRGINA 214-021-03 0.18 0.18
Total: 0.18 0.18
Count : 1
DONAHUE, RICHARD ET AL 214-021-04 0.18 0.18
214- 022- 01 0.11 0.11
214-022-04 0.18 0.18
214-022-06 0.18 0.18
................................... ---------- -------- -_____-__-
---------- -------- -_----__-_
---------- -------- -___--____
---------- -------- _________.
Total: 0.65 0.65
count: 4
ECKE, PAUL SR 212-041-05 22.62 17.00
Tota 1 : 22.62 17.00
Count: 1
EDWARDS, MARJORIE R 214-022-15 0.18 0.18
214-022-17 0.18 0.18
Tota I : 0.36 0.36
Count: 2
ENGLER, WILLIAM E. 21 4- 1 70- 58 2.16 0.00
21 4- 170- 59 1.65 0.00
Tota L : 3.81 0.00
Count : 2
__--__---_ ------__ -_________
_---__---_ ------_- ---_______
---------- ---_---_ -___--____
EXTEN VENTURES INC 216-140-33 1.15 1.04 ---__----- -------- -_____-___
Total: 1.15 1.04
Count : 1
FERMANIAN, G. 223-060-53 0.01 0.00
Total: 0.01 0.00
Count: 1
__--___--_ -____-__ _____-____
FERNANDEZ, VICTORIA 215-070-14 10.09 0.00 __-_______ -------- ----------
Total : 10.09 0.00
Count: 1
FIELDSTONE/LA COSTA 216-320-13 8.42 0.00
PAGE 12 TAXABLE PARCELS NBS/LWRY A68-015-025
0 0
27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR'S TAXABLE AC
OWNER'S NAME &ADDRESS PARCEL NO. GROSS AC CURRENT FY
FIELDSTONE/LA COSTA 222-470-23 5.06 3.76
222-470-25 1.55 0.69
223- 01 0- 1 2 9.30 5.71
223-010- 18 0.17 0.15
223-010-19 5.83 4.36
223-010-27 61.95 40.26
223-010-28 13.30 10.52
223-010-29 105.33 74.51
223-010-31 2.12 0.00
223-010-32 17.38 0.00
223-010-33 41.45 0.00
223-010-34 11 -78 0.00
223-010-35 35.05 25.96
223-010-37 38.09 28.90
223-011-02 46.28 38.07
223-011-03 1.62 1.27
223-011-04 33.78 29.82
223-011-05 30.62 0.00
223-011-06 18.45 12.31
223-021-08 2.63 2.07
223-021-09 39.42 24.42
223-021-10 0.97 0.00
223-021-11 5.54 3.80
223-021-12 24.42 11.32
223-021-15 2.65 0.00
223-021-16 23.52 0.00
223-032-01 32.56 28.80
223-032-02 0.84 0.76
223-050-53 3.67 0.00
223-050-54 38.75 28.13
____________________--------------- ---------- -------- ----------
223-050-59 0.51 0.41
223-050-65 18.92 12.67
223- 050-67 46.63 37.15
223-050-69 52.83 25.61
223-060-15 78.57 66.82
223-060-49 41.85 0.00
223-071-05 72.80 41.05
223-071-07 46.13 22.56
223-071-09 133.45 51.74
255-010-09 84.87 64.77
255-010-18 27.72 14.81
255-010-19 2.28 2.28
255-022-01 5.78 0.00
255-030-09 40.02 38.81
255-030-10 74.61 49.17 riL< P,OdGS BE B&,Gt+V
255-031-24 50.54 51 -07
255-031-25 37.09 32.92
255-031-26 12.12 0.00
255 -041 -14 132.80 94.98
NBS/LOWRY AM-01 5- 025 PAGE 13 TAXABLE PARCELS
0 e
27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR'S TAXABLE AC
OWNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY
-re I FIELDSTONE/LA COSTA 264-220-47 0.57 - 0.51 ",,. 13+
-_----__--__-__-------------------- __________ --_-____ ___-__--__ r Lot.lGS
@4-220-71 65.58 5- __________ ________ __--______
' / b43 Total:
Count: 1
FIG HOLDING CO 212-062-04 8.24 8.24
21 2-062- 1 4 5.10 5.10
Total: 13.34 13.34
Count: 2
FISHER, JOHN & CARYL 214-160-34 0.12 0.12
---------- -------- ----------
____-__--- --__-___ _______-__
Total: 0.12 0.12
Count: 1
FRED DELANEY 214-430-22 1.22 1.10
214-430-23 1.14 1.03
214-430-24 0.92 0.83
Total: 3.28 2.96
Count: 3
GREAT WESTERN SAVINGS 209-041-18 1.35 1.35
Total: 1.35 1.35
Count: 1
HADLEY, PAUL & PEGGY 215-080-19 15.03 0.00
Total: 15.03 0.00
Count: 1
HEAD WILLIAM E 214-010-03 0.50 0.50
Total: 0.50 0.50
Count: 1
HERRICK DEVELOPMENT 214-450-20 0.78 0.78
Total : 0.78 0.78
Count: 1
HIGDON, BARBARA 212-050- 13 5.00 4.41
Total: 5.00 4.41
Count: 1
---------- -------- ----------
---------- -------- ----------
-_______-_ -------- ----------
_______--- -------- ----------
__________ _------- ----------
---__-____ ________ __________
-.Mu€- 214-140-42 66.57 66.00 ________-- -------- ----_-____
, -- " =.&$ c 3 $, "; a 7 4-+b4 - t-ss -2 .-J"
NBS/LOWRY A68-015-025 PAGE 14 TAXABLE PARCELS
e a
27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR'S TAXABLE AC
OWNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY ____________________--------------- ___------- -------- ----------
Total: 66.57 66.00
HUNT, U H 216- 122-23 3.16 0.00
Total: 3.16 0.00
Count: 1
--_--__--_ ---__-__ ______----
Count: 1
HUNTINGTON BEACH CO 212-041-06 14.53 10.90
212-041-07 14.00 9.80
212-041-08 13.96 9.10
212-041-09 13.77 7.70
212-041-10 32.09 22.00
212-041-11 11.73 8.00
Total : 100.08 67.50
Count: 6
IVAR NV CORP 212-050-41 1.83 0.00
212-050-43 14.30 10.70
Total: 16.13 10.70
Count: 2
KAISER ELECTRO-OPT1 4.27 4.27
* 209-081-09 2.97 2.97 "F- k&lSSK bW. co * #209-081-18 5.22 5.22
$209-081-19 3.25 3.25
y209-081-20 3.26 3.26
-jc 209-081 -22 5.36 5.36
+213-061-23 5.76 5.76
Total : 33.67 33.67
Count: 8
KAISER, GILBERT & MARY 215-080-22 10.23 0.00
Total: 10.23 0.00
---------_ -------- -----____-
-_-----__- -------- ----------
3.58 3.58 > 4
31
--_--_---- -------- ---_______
---------- -------- ----------
Count: 1
KATO, HIROSHI & IDA 209-070-04 21.23 19.85
209-070-08 20.00 0.00
Total : 41.23 19.85
Count : 2
KELLY FAMILY CARLSBAD 207-101-12 82.86 9.44
208-020-28 333.59 132.45
208-020-30 6.96 0.00
208-020-33 4.29 2.87
__________ ________ _------_--
NBS/LOWRY A68-015-025 PAGE 15 TAXABLE PARCELS
e e
27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR'S TAXABLE AC
OWNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY ____________________--------------- _____--___ -------- ---------- _____--___ -_-----_ ----------
Total: 144.76 .-A
Count : ,
\X
KELLY, ALLAN 0 & KATHERINE M 168-050-01 109.45 0.00
168-050-03 14.10 10.61
168-050-06 17.11 13.83 x4
168-050-07 57.71 48.70
168-050-25 63.45 62.05 ,
168-050-26 94.11 55.40
\
i 1
____-____- -------- ---------- i
Total: 355.93 190.59 \
Count: 6
KELLY, RICHARD C 209-060- 53 0.55 0.00 9
209-060-58 31 -48 0.00 I
1 212-040-32 49.36 40.56
Total : 81 -39 40.56
Count : 3
KELLY, RICHARD ET AL 212-040-35 10.53 7.90
212-040-37 15.93 11.90
__-------- ___-____ ----------
212-040-40 1.42 1.10 1 _-__--___- ----_--- ----------
/ 1 Total: 27.88 20.90
Count: 3
KELLY, ROBERT 212-081-21 0.52 0.52
Tota 1 : 0.52 0.52
Count: 1
KELLY, ROBERT ET AL 212-040-36 6.94 5.20
,
I
_-----_--- -------_ ----------
r'
212-040-38 5.24 3.90 t'
r' __---_____ ----__-- ----_-----
Total: 12.18
Count: 2
KELLY, W. ALLAN & MARIE ET AL 208-020-32 1.41
Total :
,i
*- .r > G4-U fp-"--m" --.- --"l.lll.lyl I _-__-------*?_a_
k _----__--- _------_ ---------- $.-d-s-d "
1 -41 3 '* ~$Jg:L.---.".-.----.--- 1
KIRGIS, HOUARD & IDA 212-010-03 22.10 9.90
Total: 22.10 9.90
Count: 1
LlOll PARTNERSHIP 213-061-10 4.42 4.42
213-061-11 4.13 4.13
__-_____-- -------- ----------
PAGE 16 TAXABLE PARCELS NBS/LOWRY AM- 01 5-025
e @
27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR'S TAXABLE AC
OWNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY ____________________--------------- ____----__ ---___-- ---------- _-___-__-_ -----___ -------__-
Total : 8.55 8.55
Count: 2
LA COSTA ESTANCIA 255-031 -20 7.59 4.66
Total: 7.59 4.66
Count: 1
LA COSTA FUNDING 223-060-29 4.52 4.00
Total: 4.52 4.00
Count: 1
LAMB, JOHN M 216-140-16 5.14 0.00
__-_____-_ _----___ _-___-____
------__-- --___--- ----------
-------_-- -------- _-----____
Total : 5.14 0.00
Count: 1
LAUREL TREE INVESTMENTS CO 212-040-46 11.30 8.50
Total: 11.30 8.50
Count : 1
-__------- -------- ----------
LUSK, JOHN & SON CORP 214-150-16 59.16 0.00
214-150-17 18.70 0.00
214-150-18 17.50 0.00
Total: 95.36 0.00
Count : 3
-__-____-_ -----_-- ---_-----_
LYON COMMUNITIES INC 215-612-06 15.88 15.88
215-612-07 11.34 11.34
Total: 27.22 27.22
Count : 2
LYON/COPLEY CARLSBAD ASSOC 167-101-03 9.74 8.77
167- 101 - 19 62.07 32.32
167-101-21 6.35 5.39
167-101-27 13.38 10.83
167- 101 - 28 9.40 0.00
168-040-14 34.60 28.52
168-040-16 7.50 6.26
168-040- 17 3.55 2.20
168-040-18 114.98 70.11
168-040-22 4.95 2.45
168-040-23 22.98 17.66
168-040-25 135.23 90.50
168-050-27 50.86 32.93
208-101 -05 2.17 1.05
---------- _______- ----------
NBS/LOURY A68-015 -025 PAGE 17 TAXABLE PARCELS
e e
27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR'S TAXABLE AC
OUNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY ____________________--------------- _____----- -------- ---------- -__-___--- -------- ----------
Total: 477.76 308.99
Count: 14
MADISON SQUARE DEVELOPMENT I1 213-091-04 2.13 2.13
Total: 2.13 2.13
_--_-__-_- -------- ----------
Count: 1
MADISON SQUARE DEVELOPMENT 111 212-110-01 2.01 2.01
212-110-02 0.97 0.97
212-110-03 0.90 0.90
212-110-04 0.93 0.93
212-110-05 1.64 1.64
212-110-06 1.29 1.29
212-110-07 1.13 1.13
Total: 8.87 8.87
Count : 7
MAG PROPERTIES 223- 050 - 68 6.67 5.32
223-050-70 17.83 8.65
223-060-31 8.67 3.99
223-060-32 42.90 38.61
Total : 76.07 56.57
Count: 4
MANDANA CAL CO CORP 209-040-27 5.00 3.75
209-070-03 4.20 4.06
209-070-07 186.66 159.93
Total: 195.86 167.74
Count: 3
MARINE CORPS WEST 213-070-11 3.12 3.12
Total: 3.12 3.12
Count: 1
MC CABE, JEFFREY S 214-022-08 0.06 0.06
Total: 0.06 0.06
Count: 1
_________- --______ -------_--
-_--____-- -------- ----------
---------- ------_- ----------
---------- -------- ____-__-_-
_-_------- -------- ---_____-_
MCKINNEY, RONALD & EVELYN 215-070-10 5.02 0.00 ---------- -------- -___-__---
Total: 5.02 0.00
Count: 1
MCREYNOLDS, ANDREW 211-040-14 34.30 24.35
NBS/LOWRY A68-015-025 PAGE 18 TAXABLE PARCELS
0 e
27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR'S TAXABLE AC
OUNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY ____________________--------------- ---------- -------- ---------- _____----- ---_____ ----------
Total: 34.30 24.35
Count: 1
MCROSKEY, JOHN 213-061-02 4.40 4.40
213- 070- 20 1.65 1.65
213-070-21 1 .50 1.50
213-070-22 1.37 1.37
Total : 8.92 8.92
Count : 4
MENDIVIL, MARIA ET AL 21 4- 170 - 73 7.13 0.00
Total: 7.13 0.00
Count: 1
MERCOTAL INC 213-070-06 1.16 1.16
213-070-08 1.44 1.44
Tota L : 2.60 2.60
Count: 2
__-__-__-- -------- ----____-_
----_--___ -------- ----------
__-------- ----_-_- ----------
HISON ESTANCIA PARTNERSHIP 223-060-50 6.82 6.14
Total : 6.82 6.14
Count: 1
MITSUUCHI, ROY & NANCY 216-121-02 22.61 0.00
216-121-03 6.93 0.00
Total: 29.54 0.00
Count: 2
---------- -------- ----------
__-------- -------- ___--_----
MOORE, GUY S. JR. 215-080-20 1.19 0.00
Total: 1.19 0.00
Count: 1
MORGAN/PALOMAR INDUSTRY 212-040-25 13.89 10.30
Total: 13.89 10.30
_--------- -------- _-__------
__--_----- -------- ----_-----
Count: 1
MTK CORP OF AMERICA 212-092-14 3.95 3.80
212-092-15 7.65 2.80 ______---- -------- ----------
Total : 11.60 6.60 b
Count: 2
MURPHY, HOWARD TRUST 216-121-01 20.00 0.00
NBS/LOURY A68-015-025 PAGE 19 TAXABLE PARCELS
0 0
27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR'S TAXABLE AC
OWNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY ................................... ---------- -------- --_------_ __--______ -____-__ ----------
Total: 20.00 0.00
Count: 1
NELSON, GREGORY & BARBARA 21 5 - 080- 04 5.17 0.00
Total : 5.17 0.00
Count: 1
NORTHWESTERN PACIFIC 255-023-01 3.87 0.00
255 -023-02 0.90 0.90
Total: 4.77 0.90
Count: 2
OCEAN BLUFF PARTNERS 215-070-16 31.23 30.00
Total : 31.23 30.00
-----i---- -------- -----_----
_-________ --__---_ ----------
____--__-- -------- ----------
Count I 1
ODMARK THELAN DAVIDSON CO 214-170-17 11.95 11 -95
214-170-21 10.65 10.65
214-170-22 2.12 2.12
216-150-03 8.77 8.77
216-150-05 4.54 4.54
216-150-16 1.76 1.76
Total : 39.79 39.79
Count: 6
_________- __-____- -_--------
PALOMAR AIRVIEW ASSOC IJJO LorJGiR 212-061-08 7.37 7.37 _--------- -------- ---------- ad45
Total : 7.37 7.37
count : 1
PALOMAR INVESTMENT 209-041-20 4.55 4.55
209-041-27 2.52 2.52
209-041-28 3.62 3.62
Total : 10.69 10.69
Count: 3
PARKVIEU WEST PARTNERSHIP 223-060-40 26.69 22.26
Total : 26.69 22.26
Count: 1
PILLSBURY, MARTHA 209-090-12 3.43 0.00
Total: 3.43 0.00
Count: I
---------_ ----___- ___-----_-
__----_--- -------- --------_-
--__------ -------- _____--___
NBS/LOURY A68-015-025 PAGE 20 TAXABLE PARCELS
0 0
27 Mar 1991 CITY OF CARLSBAD
I COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR I S TAXABLE AC
OUNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY ................................... __-------- _--_____ ______--__
PORTER, MARVIN & MARGRET 21 4- 170-72 1.12 0.00
Totat: 1.12 0.00
--__------ _---____ ______-___
count: 1
PRICE CO. 211-040-08 28.04 21.10
211-040-09 1.17 0.90
211-040-12 31.98 24.00
Total : 61 .I9 46.00
Count: 3
PROPERTY MORTGAGE CO 214- 160- 19 0.91 0.91
214- 160-24 2.75 2.75
Total: 3.66 3.66
Count: 2
PURITAN-BENNETT CORP 212-120-31 12.60 12.60
212-120-32 12.72 12.72
Total: 25.32 25.32
Count: 2
RDC DEVCO I1 LTD PARTNERSHIP 215-600-01 0.18 0.18
215-600-02 0.17 0.17
215-600-03 0.20 0.20
215-600-04 0.18 0.18
215-600-05 0.18 0.18
215-600-06 0.18 0.18
215-600-07 0.31 0.31
215-600-08 0.25 0.25
____----__ _-______ __________
---------- _-----_- _---______
___----__- ___-____ __________
215-600-09 0.16 0.16
215-600- 10 0.16 0.16
215-600-11 0.16 0.16
215-600-12 0.16 0.16
215-600-13 0.16 0.16
215-600-14 0.16 0.16
215-600-17 0.18 0.18
215-600-18 0.18 0.18
215-600-19 0.19 0.19
215-600-20 0.19 0.19
215-600-21 0.19 0.19
21 5 -600-22 0.19 0.19
215-601-01 0.15 0.15
215-601-02 0.14 0.14
215-601-03 0.20 0.20
215-601-04 0.27 0.27
215-601-05 0.27 0.27
215-601-06 0.18 0.00
215-601 -07 0.15 0.15
NBS/LOURY A68-015-025 PAGE 21 TAXABLE PARCELS
c 0 0
27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR ' S TAXABLE AC
OWNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY ................................... ---------- -------- ----------
RDC DEW II LTD PARTNERSHIP 215-601-08 0.20 0.20
215-601-09 0.20 0.20
21 5 - 60 1 - 10 0.20 0.20
215-601-11 0.20 0.20
215-601 - 12 0.20 0.20
21 5 -601 - 24 0.21 0.21
215-601-25 0.21 0.21
215-601 -26 0.21 0.21
215-601-27 0.13 0.13
215-601-28 0.13 0.13
215-601-29 0.13 0.13
215-601-30 0.32 0.32
215-601-31 0.32 0.32
215-601 -32 0.32 0.32
215-601-33 0.32 0.32
215-601-34 1.21 0.00
215-601-47 0.12 0.12
215-602-01 0.19 0.19
215-602-02 0.19 0.19
215-602-03 0.38 0.38
215-602-04 0.85 0.85
215-602-05 0.71 0.71
215-602-06 0.24 0.24
215-602-07 0.20 0.20
215-602-08 0.18 0.18
2 15 - 602- 09 0.17 0.17
215-602-1 0 0.25 0.25
215-602-11 0.61 0.61
215-602-12 0.69 0.69
215-602-13 0.48 0.48
21 5 - 602- 14 0.17 0.17
21 5 -602- 15 0.20 0.20
215-602-16 0.66 0.00
215-602-17 0.16 0.16
215-602-18 0.20 0.20
215-602-19 0.20 0.20
215-602-20 0.17 0.17
215-602-21 0.15 0.15
215-602-22 0.15 0.15
215-602-23 0.15 0.15
215-602-24 0.18 0.18
215-602-25 0.15 0.15
215-602-26 0.15 0.15
215-602-34 0.17 0.17
215-602-35 0.15 0.15
215-602-36 0.14 0.14
215-602-37 0.14 0.14
215-602-38 0.14 0.14
215-602-39 0.14 0.14
21 5-602-40 0.12 0.12
215-602-41 0.12 0.12
NBS/LOURY A68-015-025 PAGE 22 TAXABLE PARCELS
” 0 a
27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR’S TAXABLE AC
OUNER’S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY
RDC DEVCO I1 LTD PARTNERSHIP 21 5-602-42 0.14 0.14
2 15 - 602- 43 0.13 0.13
21 5-602-47 0.13 0.13
Total : 19.07 17.02
Count : 81
RICE ENTERPRISES 264-010-07 89.74 66.11
264- 01 0- 09 1.35 1.22
Total: 91 -09 67.33
Count: 2
ROBERTSON, BRIAN K 168- 040- 03 6.94 0.00
Total: 6.94 0.00
Count : 1
ROBERTSON, VIRGINIA K 168-050-17 197.75 0.00
208-010-32 168.13 0.00
Tota 1 : 365.88 0.00
Count : 2
ROESCH, RONALD L. 215-070-15 27.69 19.39
Total: 27.69 19.39
Count : 1
RUDVALIS, JOSEPH A. 215-070-04 5.03 0.00
Total: 5.03 0.00
Count: 1
SAMMIS CARLSBAD ASSOC 214-010-09 2.66 2.66
214-031-03 0.11 0.00
214-031-09 0.22 0.00
214-031-10 0.51 0.00
214-031-11 0.11 0.00
214-031-12 0.94 0.00
214-033-01 0.56 0.00
214-034-01 1.55 0.00
214-035-01 0.85 0.00
214-036-01 2.20 0.00
214-051-01 2.87 0.00
214-052-01 2.87 0.00
21 4- 053-02 2.15 0.00
214-054-04 0.71 0.00
214-061-21 2.20 0.00
214-062-21 2.20 0.00
214- 063- 21 2.20 0.00
_____-________--_--_--------------- ---------- -------- ----------
__--______ _--_-___ -_-_-----_
-----_____ -------_ --------__
___--_____ ----_L__ _------___
___--_____ -------- ----------
----__---- ----__-_ -----_-_--
------____ -----___ ----------
NBWLOURY A68-015-025 PAGE 23 TAXABLE PARCELS
.. 0 e .
27 Mar 1991 CITY OF CARLSBAD - COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR'S TAXABLE AC
OWNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY ______-________----________________ ___--_____ ___--___ __________
sAws msm ASSOC 214-064-01 1.33 0.00
214-065-01 0.31 0.00
Total : 26.55 2.66
Count : 19
---------- -----_-- _-----____
-SAMWS PROPERTEF -216-140-25 / 16.53 13.987 )(Ai$fi ~0rrJsL'~/A bR' - 216-140-32 I/ 34.68 31.21 SCE eq.a9 ---------- ________ __--______
Total: 51.21 45.19
Count: 2
=i - 0.00 > 5 ?",q p..C,AE ' 3 i LU 209-060-55 22.28 / ---------- -------- ____-_____ -=
Total : 22.28 0.00
Count : 1
SARKARIA, DALJIT 215-070-12 20.17 0.00
Total : 20.17 0.00
Count: 1
---------- -------- ------____
SCHINDLER, THURL0 215-070-13 10.08 0.00
Total : 10.08 0.00
Count: 1
SCHREIBER, DALE 216-010-01 0.38 0.38
216-010-02 0.50 0.50
216-010-03 0.14 0.14
216-010-04 0.14 0.14
216-010-05 0.14 0.14
Total: 1.30 1.30
Count : 5
SDGE 209-050-28 0.22 0.22
Total: 0.22 0.22
Count : 1
---------- ----____ __________
---------- -------- -----_-_--
---------- -------- _---______
SEA BLUFF ASSOCIATES 216-140-30 5.58 5.02 ---------- _--_____ -_________
Total : 5.58 5.02
Count : 1
SEAPOINTE PROFESSION 214-010-01 9.37 0.00
Total: 9.37 0.00
Count: 1
---------- ----____ -----_____
NBS/LOURY A68- 01 5- 025 PAGE 24 TAXABLE PARCELS
* 0 e
27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR'S TAXABLE AC
OWNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY ___________________---------------- ---------- -------- ----------
SHELLEY, DANIEL T 223-061-01 40.00 17.80
223-061-02 40.00 33.23
255-040-19 47.17 31.86
264-010-11 67.39 56.07
Total: 194.56 138.96
count: 4
SHERMAN, JOSEPH 214-140-13 30.00 0.00
Tota I : 30.00 0.00
Count : 1
SIPPEL MARVIN ET AL 212-050-35 1.09 0.00
Total: 1.09 0.00
Count: 1
STANTON, MARIE L 214-022-03 0.18 0.18
Total: 0.18 0.18
Count: 1
STEINDORF, ALBERT 0 & SONDRA G 212-050-36 1.20 0.00
__________ -------- ----------
---------- -------_ ------_---
______---- -------- -------___
---____-__ ________ __-_-__---
212-050-37 1.39 1.25
212-050-38 1.29 1.16
212-050-39 1.12 1.01
Total : 5.00 3.42
Count : 4
SUGINO, MASADA & IKUK 215-040-09 2.53 0.00
--___-____ ----_--_ ----------
215-040-11 2.53 0.00
Total: 5.06 0.00
Count: 2
---------- -------- ------___-
SUNBELT PLANNING CO 214-140-07 68.56 61.89
Total: 68.56 61 -89
Count : 1
SUNNY CREEK I PARTNERSHIP 209-090-11 17.60 17.60
Total: 17.60 17.60
Count : 1
SUNNY CREEK 11 PARTNERSHIP 209-060-59 47.27 33.87
209-090-01 3.73 3.73
209-090-02 3.85 3.85
209- 090- 03 3.59 3.59
--_____--- _-______ ----_-____
----__-_-_ --_-____ -_--------
NBS/LOWRY A68-015-025 PAGE 25 TAXABLE PARCELS
a e e
1
27 Mar 1991 CITY OF CARLSBAD . COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR'S TAXABLE AC
OUNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY
SUNNY CREEK I1 PARTNERSHIP 209- 090- 04 1.09 1.09
209-090-05 2.85 2.85
209-090-06 2.09 0.00
209- 090-07 2.45 2.45
209-090-08 4.31 4.31
209-090-09 2.21 2.21
209-090-10 2.91 2.91
Total : 76.35 60.86
Count: 11
____________________--------------- ---------- -------- ----------
---------- -------- ----_-____
TABATA, AKIRA & JOYCE 21 5 -040-04 5.00 0.00 ---__----- -------- ----------
Total: 5.00 0.00
Count: 1
TABATA, NOBORU & EVELYN 214-170-66 21.22 0.00
215-080-21 2.87 0.00
Total : 24.09 0.00
Count: 2
______---- -------- -------___
TABATA, NOBORU ET AL 212-050-33 9.52 0.00
214-140-44 4.17 3.00
Total: 13.69 3.00
Count : 2
TARTAGLIA, PATRICIA 214-022-25 0.18 0.18
Total: 0.18 0.18
Count I 1
THERRIEN, CHARLES J 216-110-32 1.06 0.00
Total: 1.06 0.00
Count: 1
__-------- -------- ----------
----_-__-- --_____- ----------
---------- -------- ----------
THOMPSON, DAVID & KAREN 214-170-05 7.50 0.00
214- 170-09 20.00 0.00
Total : 27.50 0.00
Count: 2
_______--- -------- ----------
THOMPSON, DAVID B 214-170-47 5.00 0.00
Total : 5.00 0.00
Count : 1
-_________ ___-_-__ ----------
THOMPSON, HAROLD 214-170-36 10.00 0.00 ______-___ ________ ----------
NBS/LOURY A68-015-025 PAGE 26 TAXABLE PARCELS
e 0 . 27 Mar 1991 CITY OF CARLSBAD
w COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR'S TAXABLE AC
OWNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY
Total: 10.00 0.00
Count: 1
TREETOPS UNLIMITED 167-554-01 6.27 0.00
167-554-02 0.36 0.00
167-554-03 0.02 0.00
Total: 6.65 0.00
Count: 3
UNION OIL CO OF CALIFORNIA 223-060-28 0.69 0.56
Total: 0.69 0.56
Count: 1
UPLAND INDUSTRIES 212-020-25 5.03 3.80
212-020-37 42.53 31 -90
212-020-38 53.70 28.90
212-020-39 89.60 50.40
212-070-01 4.03 4.03
212-070-12 1.91 1.91
212-070-13 3.02 3.02
212-070-15 1.55 1.55
212-070-17 2.04 2.04
212-070-22 3.69 3.69
212-070-23 8.37 8.37
21 2- 070-24 2.59 2.59
212-120-01 3.07 3.07
212-120-02 2.84 2.84
212-120-03 3.82 3.82
212-120-04 5.56 5.56
212-120-05 3.75 3.75
212-120-07 8.70 8.70
212-120-08 3.11 3.11
212-120-09 1.71 1.71
212-120-10 3.59 3.59
212-120-11 7.11 7.11
212-120-12 2.50 2.50
212-120-13 3.38 3.38
212-120-14 2.16 2.16
212-120-16 4.79 4.79
212-120-17 3.53 3.53
212-120-18 2.12 2.12
212-120-20 2.28 2.28
212-120-21 4.11 4.11
21 2-1 20-22 3.16 3.16
212-120-24 2.89 2.89
212-120-25 5.85 5.85
212-120-26 9.00 9.00
212-120-27 3.20 3.20
................................... ---------- ----_-__ __---_-___
1.11.1.1.1 11111-1- -1-111111.
---------- -------- ----------
212-120-23 2.28 2.28
NBS/LOURY A68-015-025 PAGE 27 TAXABLE PARCELS
e e
0
I 27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
ASSESSOR'S TAXABLE AC
OWNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY ____________________-.------------- --I------- ----..-- ----I-----
UPLAND INDUSTRIES 212- 120-28 3.64 3.64
21 2- 1 20 -29 3.67 3.67
21 2- 120-30 2.94 2.94
Total: 322.82 246.96
Count: 39
VISTA SANTA FE 255-031-22 20.26 14.99
255-031-23 15.35 11.39
Total : 35.61 26.38
Count: 2
WARD, GUY 214-021-10 9.10 9.10
214-022-21 0.36 0.36
214-022-23 0.36 0.36
214-022-24 0.63 0.63
Total: 10.45 10.45
Count: 4
---------- -----..- ---------I
---------- -------- ----------
---------- -----___ ----------
WEIDNER, EVELYN ET AL 214-170-46 5.40 0.00
Total: 5.40 0.00
Count : 1
UEISS MYLAS & FRANCINE K 214-150-08 2.63 0.00
Total: 2.63 0.00
Count: 1
WESTERN LAND & DEVELOPMENT 168-050-23 17.63 0.00
209-060-03 2.02 2.02
209-060-06 56.52 0.00
Total : 76.17 2.02
Count : 3
UIMPEY GEORGE INC 212-050-22 1.34 1.21
21 2-050-29 56.28 44.68
212-050-30 22.06 18.34
212-050-34 48.37 32.51
Total: 128.05 96.74
Count: 4
WOOD, JAMES F & LINDA L 214-022-02 0.18 0.18
Total: 0.18 0.18
Count : 1
---------- ---.---. ---.I-.--..
-__------- -------_ ------__--
__------__ ------__ -----____-
---------- ---__--- _________-
--------_- ------_- ----------
NBS/LOURY A68- 01 5- 025 PAGE 28 TAXABLE PARCELS
1 0 0
I
4 27 Mar 1991 CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
TAXABLE PARCELS
v
ASSESSOR 'S TAXABLE AC
OWNER'S NAME & ADDRESS PARCEL NO. GROSS AC CURRENT FY
WRISLEY, RALPH & HOPE 209-040-23 2.71 1.39
Total: 2.71 1.39
Count: 1
YAMAMOTO, YUJIRO & YAMA 215-040-05 5.00 0.00
Total : 5.00 0.00
Count: 1
YMCA OF SAN DIEGO 212-050-40 14.42 0.00
Total: 14.42 0.00
cowl t : 1
................................... ---_______ ________ __________
_---__---- ______-_ _--____---
--------_- _-___-__ __--_-_-__
---------- --_-___- ----------
................................... _--_______ ________ ___-_----_ ................................... __-_______ ________ ___-------
Total : 8,599.27 4,820.30
Count: 809
S;A,ZA POIEISC7-7-lA hnf. 9 P-72
&)&&dih ?A/&??776 /??X &j. 8i6
NBS/LOURY A68- 01 5 -025 PAGE 29 TAXABLE PARCELS
a e 0 SlacDoRF, -MAN, DUIGNAN & EISENBEXG
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
ATTORNEYS AT LAW
~OWARD J. SILLDORF- 1810STATESTREET 1300 DOVE STREET,
SCOTT A. BURDMANr SAN DIEGO, CALIFORNIA 921 01-2514 NEWPORT BEACH, CALlFORl
LAWRENCE D. DUIGNAN*
JAY R. EISENBERGa
DEBORAH M. KORNHEISER
THERESA M. FlLlClA
WILLIAM C. KURIMAY. REP1
P
(61 9) 239-5900
FAX (61 9) 239-1 833
(71 4) 833-0390 I FAX (71 4
* A PROFESSIONAL CORPORATION
** ALSO ADMITTED TO THE OHIO BAR
ALSO AMllTTED TO THE COLORADO BAR May 6, 1991 91 /I
HAND DELIVERED
Ms. Lee Rautenkranz
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1989
Re: CITY WIDE CFD ZONE 11 OF COMMUNITY FACILITIES DISTRICT
UNION OIL COMPANY OF CALIFORNIA dba UNOCAL
Dear Ms. Rauten kranz:
Please be advised that our office has been retained to represent the interests oi
Oil Company of California dba UNOCAL in regard to the vote by the property owners ii
11 of the City of Carlsbad Community Facilities District. Our office has been authorized
the ballot on behalf of UNOCAL for this issue. As of this date, we have not received th
for the vote on May 7, 1991. Therefore, please issue a new ballot, and cancel any outsi
ballots for UNOCAL on this issue.
I declare under penalty of perjury that the ballot for UNOCAL for the Zone 11 p
owners for the Community Facilities District vote has not been received and that a ne’
will have to be issued to this office.
e 0 ,*
PAGE 2
May 6, 1991 .
If you should have any questions, or desire additional information, then pleE
not hesitate to contact us.
Sincerely,
SILLDORF, BURDMAN, DUIGNAN 8.
EISENBERG, A Partnership of
Professional Corporations
De d$Pbmh orah M. Cro #.>.q%fl- cam eiser
Attorney at Law
DMCK/lpl
"uno-lr.Itr
cc: B.L. Scaparro
D. Bourgault
J. Cornett, Esq.
1 0 0
w HILLMAN PROPERTIES WEST, INC.
450 NEWPORT CENTER DRIVE, SUITE 304
NEWPORT BEACH, CALIFORNIA 92660-7640
(714) 640-6900
May 1, 1991
Ms. Lee Rautencranz City Clerk CITY OF CARLSBAD
1200 Elm Street
Carlsbad, CA 92008
Dear Lee:
Under penalty of perjury, I am acknowledging that Aviara Resort Associates L1 Partnership is the qualified elector to have received Ballot #011 of the Community Fa(
District No. 1 Election.
As of April 30, 1991, I have not received my ballot. Please send another to:
Aviara Resort Associates Limited Partnership
c/o Hillman Properties West, Inc. 450 Newport Center Drive, Suite 304
Newport Beach, CA 92660-7640
w:\f-av\corres\ballot.lrnk
\ e
q 0
I
Ms. Lee Rautencranz CITY OF CARLSBAD
May 1, 1991
Page 2
Thank you for your help with this matter.
Sincerely,
AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP,
a California limited partnership
By: Aviara Land Associates Limited Partnership, a Delaware limited partnership,
General Partner
By: Aviara Land Company, a Delaware corporation, General Partner
By: 3- .)& & \
Ted L. Hoover
Vice President
By: Republic Development Company, a
California corporation, General Partner & j&yv-\ By:
Ted L. Hoover Vice President
w: \f-av\corres\bal lot. lrnk
* *
May 2, I!
TO: Karen Kundtz
Assistant City Clerk
CITY OF CARLSBAD
This is to certify under Penalty of perjurv that as of this date MAG Properties has
received a ballot for the May 7, 1991
Please provide a duplicate ballot.
Managing Partner
MAG PROPERTIES
Number of Votes: 77
Ballot Number: 088
6 e
2?zdz?y 9%L%!A/ Yd
WESLEY A. WITT, TRUSTEE
P.O. BOX 2050
PALM SPRINGS, CALIFOR$P
(619) 327-1417 'e ** ' '- r a.1
4* .
r.
\",
",> "
Y
May 1, 1991
City of Cxclskad.
(7i ky Clerk ' R B-EZce
L\XLSLa2, CY, 92003 ._ - .
Attn: Karen
Re: Mello Roos Ballot
Dear Karen:
I serve as Trustee for the Paul and Peggy Hadley Family Trust and have
enclosed a Certificate of Successor Trustee and Certificate of Trustee's
Power to that effect.
Project has been sent out, but we cannot locate it.
replacement ballot to this office in the most expeditious mannez.
I understand that a ballot on the Mello 300s
Kindly send a
Very truly yours I
d!J+ & 3
bhy 4h
Wesley A. itt, Trustee
I declare mder Fnalty of -jury that I have not received the ballot
to date.
Wesley A. Witt, Trustee
0 .W
STATE OF CALIFORNIA 1 1 1 COUNTY OF ?\J~c -= I h-
CgRTIPZCATE OF SUCCESSOR TRUSTEE
I, WESLEY A. WITT, of Palm Springs, California, he qeclare as follows:
1. I am one of the successor trustees named in the and PEGGY HADLEY FAMILY TRUST AGREEMENT dated December 3, wherein Paul Hadley and Peggy Hadley were named as the orig trustees.
2. Paul Hadley, an original trustor and trustee die
January 6, 1985.
3. Peggy Hadley, a resident of Banning, Califor
resigned as trustee on July 25, 1989.
4. Since the day of the resignation of Peggy Hadle have been and am now serving as the trustee of the Paul and I Hadley Family Trust dated December 3, 1981,
5. A copy of a certificate of trustee powers is att< hereto and incorporated herein by reference.
I declare under penalty of perjury that the foregoir true and correct and that this certificate was executed on AI -, 30 1989, at Palm Springs, California.
r - Ci Aha WESLEY A. jWITT
SUCCESSOR TRUSTEE
On August 30 , 1989, before me, the undersigned, a N
Public in and for said State, personally appeared WESLEY A. known to me or proved to me by satisfactory evidence to bc
person whose name is subscribed to the within instrumenl acknowledged that he executed the same
WITNESS my hand and official seal.
NOTARY PUBLIe P &*
e- W
E OF u
WESLEY A. WITT and PEGGY HADLEY hereby certify as
follaws:
1. WESLEY A. WITT and PEGGY HADLEY are the Trustees 0
the "PAUL AND PEGGY HADLEY FAMILY TRUST" created on December 3
1981.
2. The following are the provisions of the PAUL AND
PEGGY HADLEY FAMILY TRUST PGREEMENT relating to the powers of
Trustee:
"6.0 To carry out the purposes of any trust created under this Agreement, and subject to any limitations stated elsewhere in this Agreement, the Trustee is vested with the following powers with respect to the trust estate and any part of it, in addition to those powers now or hereafter conferred by law.
6.1 To continue to hold any property and to operate at the risk of the trust estate any business that the Trustee receives or acquires under the trust, as long as the Trustee deems it advisable.
6.2 To manage, control, grant options on, sell (for cash or on deferred payments), convey, exchange, partition, divide, improve and repair trust property: to hold undivided interests in property; to participate in and become a member of partnerships and joint ventures.
6.3 To lease trust property for terms within or beyond the term of the trust for any purpose, including exploration for and removal of gas, oil and other minerals, and to enter into community oil leases, pooling and unitization agreements.
6.4 To borrow money and to encumber or hypothecate trust property by mortgage, deed of trust, pledge or otherwise; to borrow money on behalf of one trust from any other trust created hereunder; to lend money of one trust to any other trust created hereunder.
- 1-
0 0
6.5 To carry, at the expense of the trust, insurance of such kinds and in such amounts as the Trustee deems advisable to protect the trust estate and the Trustee against any hazard.
6.6 To commence or defend, at the expense of the trust, such litigation with respect to the trust or any property of the trust estate as the Trustee may deem advisable.
6.7 To compromise or otherwise adjust any claims or litigation against or in favor of the trust.
6.8 To invest and reinvest the trust estate in every kind of property, real, personal or mixed, and every kind of investment, specifically including but not limited to corporate obligations of every kind, preferred or common stock, shares of investment trusts, investment companies and mutual funds, and mortgage par ti cipa tions , which men of prudence , discretion and intelligence acquire for their own account and any common trust fund administered by any corporate Trustee under this Agreement.
6.9 To have all the rights, powers and privileges of an Owner with respect to the securities held in trust, including but not
limited to, the power to vote, give proxies and pay assessments; to participate in voting trusts, pooling agreements, foreclosures, r eor ganizations, consol idations, mergers , liquidations, sales and leases, and incident to such participation, to deposit securities with and transfer title to any protective or other committee on such terms as the Trustee may deem advisable; and to exercise or sell stock subscription or conversion rights.
6.10 To hold securities or other property in the Trustee's name, as the Trustee under this Trust, or in the Trustee's own name or in the name of a nominee, or the Trustee may hold securities unregistered in such condition that ownership will pass by delivery.
6.11 To purchase property at its fair market value as determined by the Trustee, in the
Trustee's discretion, from the probate estate of
either Settlor.
6.12 To lend trust funds (with or without security) to the Executor or Administrator of the
-2-
w W
probate estate of either Settlor for such term, under such conditions and at a reasonable rate of interest as may be agreed upon between the Executor or Administrator and the Trustee. The powers authorized in this paragraph may be exercised even though the Trustee and said Executor or Administrator may be the same person or entity.
to the trust for any trust purposel with interest at current rates; to receive security for such loans in the form of a mortgage, pledge, deed of trust or other encumbrance of any assets of the trust; to purchase assets of the trust at their fair market value as determined by an independent appraisal of those assets; and to sell property to the trust at a price not in excess of its fair market value as determined by an independent appraisal.
6.14 To open and maintain accounts in the name of the Trustee with any one or more banks or savings and loan associations authorized and doing business in the State of California or in any other State of the United States of America; to deposit in such accounts all the funds
to time be in the possession of the Trustee; to withdraw from such accounts a portion or all of said funds so deposited by checks or withdrawal slips signed by the Trustee, and any such bank or savings and loan association is hereby authorized to pay such checks or withdrawal slips and also receive the same for deposit to the credit of any holder thereof when so signed or endorsed, without inquiry of any kind and regardless of whether or not these trusts have been revoked. If more than one Trustee shall at any time be acting nereunder, the cotrustees may designate one or more of them to conduct such banking and make such deposits, withdrawals or endorsements, upon giving written notice of such designation to the bank or association in question; and such bank or association shall be fully protected in
relying upon such a designation. Payments when made as aforesaid by such bank or association shall not be subject to criticism or objection of any person concerned or interested in any way in the trust estate. The foregoing provisions are intended to limit the liability of the bank or association, but are not to be construed as granting to the Trustee powers not otherwise expressly granted herein.
6.13 To loan or advance the Trustee's awn funds
belonging to the trust estate that may from time
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W
6.15 To employ any custodian, attorney, accountant, or any other person to assist the Trustee in the administration of the trust estate and to rely on the advice so given.
compensation for all services so perfarmed shall be paid from the trust estate.
6.16 To retain professional investment counsel
of Trustee's choice, regarding trust investments in property held by these trusts counsel is retained, the Trustee shall abide by the decision of the counsel, but shall not be held liable or otherwise surcharged for losses directly attributable to investments made on the advice of the independent counsel. During the period independent counsel is retained by the Trustee, the Trustee shall not be required to take action in respect to trust investments unless the Trustee receives written instructions from the investment counsel.
6.17 TO purchase, in the Trustee's discretion,
at less than par, obligations of the United
States of America, #at are redeemable at par, in payment of any federal estate tax liability of either Settlor in such amounts as the Trustee deems advisable, and for that purpose the Trustee may partition a portion of the community property of the trust estate and make such purchases from either or both portions. The Trustee shall exercise the Trustee's discretion and purchase such obligations if the Trustee has reason to believe that either Settlor is in substantial danger of death, and may borrow funds and give security for that purpose. The Trustee shall resolve any doubt concerning the desirability of making the purchase and its amount in favor of
making the purchase and in purchasing a larger, even though somewhat excessive, amount. The
Trustee shall not be liable to either Settlor, any heir of Settlor or any beneficiary of this trust for losses resulting from purchases made in good faith. The Trustee is directed to redeem any such obligations that are part of the trust corpus to the fullest extent possible in payment of federal estate tax liability of either Settlor.
6.18 To withhold from distribution, in the Trustee's absolute discretion, at the time for distribution of any property in this trust, without the payment of interest, all or any part of the property as long as the Trustee shall
Reasonable
If such 1
- 4-
w, w
determine, in the Trustee's discretion, that such property may be subject to conflicting claims, to tax deficiencies or to liabilities, contingent or otherwise, properly incurred in the administration of the estate.
6.19 To partition, allot and distribute the trust estate on any division or partial or final distribution of the trust estate in undivided interests or in kind, or partly in money and partly in kind, at valuations determined by the Trustee and td sell such property as the Trustee may deem necessary to make division or distribution. In making any division or partial or final distribution of the trust estate, the Trustee shall be under no duty to make a pro rata division or to distribute the same assets to beneficiaries similarly situated; but, rather , the Trustee may, in the Trustee's discretion, make a nonpro rata division between trusts or shares and nonpro rata distributions to such beneficiaries, as long as the respective assets allocated to separate trusts or shares, or distributed to such beneficiaries, have equivalent or proportionate fair market value.
6.20 To release or to restrict the scope of any power that the Trustee may hold in connection with the trust created under this Agreement,
whether such power is expressly granted in the Agreement or implied by law. The Trustee shall exercise this power in a written instrument
executed by the Trustee, specifying the powers to be released or restricted and the nature of the restriction.
7.1. The husband and wife are hereby designated as cotrustees of all trusts created by or to be created pursuant to this Agreement. either husband or wife become unable because of death, incompetency or other cause to serve as
such cotrustees, or should either resign as cotrustee before the natural termination of all trusts provided for in this Agreement, Wesley A.
Witt shall forthwith become cotrustee with the remaining cotrustee and the two shall thereafter serve as cotrustees of all trusts provided for in this Agreement. The term "trustee" as used in
this Agreement shall refer collectively to husband and wife so long as they shall serve as cotrustee and thereafter to the remaining cotrustee and Wesley A. Witt or to any successor
OK successors as provided in this paragraph and
in the paragraphs herein below.
Should
- 5-
0 m ..
7.2. On the death of the surviving spouse, or should such spouse, after the death of the other Settlor,
resign or become unable for any reason to serve as a cotrustee of the trusts provided for in this agreement, Wesley A. Witt shall forthwith become trustee of the trusts provided for in this agreement.
7.8. If the surviving spouse is serving as cotrustee under this Agreement, and if the surviving spouse is
nable to participate in trust activities because of P llness, disability, or any other reason, the other cotrustee (Wesley A, Witt or any successor thereto)
make any and all decisions regarding the trust estate
as trustee under this Agreement. In determining the disability of the surviving spouse, the other cotrustee of the residual trust may rely on a certificate or other written statement from one licensed physician who has examined the surviving spouse. Any action taken by the other cotrustee of the residual trust, as trustee under this paragraph, shall be binding and conclusive upon all persons now or hereafter interested in the trust estate and may
be relied on by third parties dealing with the other cotrustee as trustee under this paragraph.
7.12. No one dealing with any Trustee hereunder need inquire concerning the validity of anything the Trustee purports to do, or need see to the
application of any money paid or any property transferred to, or upon the order of, the Trustee,"
WE DECLARE under penalty of perjury that the foregoin!
may, during any such incapacity, act as trustee and
true and correct and that this Certificate was executed on
January 2, 1985, at Banning, California.
fi /As
WESLEY p. WITT, hustee P &A/ JY qk54,
PEGGYbA&Y, Trustee
- 6-
.* .. . W *. ,. w
.r
STATE OF CALIFORNIA )
County of - )
) ss.
SAN BERNARDINO On January 21, 1985, before me, the undersigned, a
Notary Public in and for said State and County, personally
appeared WESLEY A. WITT and PEGGY HADLEY known to me (or provt
to me on the basis of satisfactory evidence) to be the person2
who executed the within instrument, and acknowledged to me thz
they executed the same.
WITNESS my hand and official seal. kb&~
Notary Public in and for said State and County
(SEAL)
+~+~***.*~~**4~+*~44~*4-~* i i
OFFICIAL SEAL
Noray Fublic-California
Priircipal Office In
Sn Bernardino County
omm. Exp June 17.1988
KO21 !;!J80TA
--+ + + + +* +
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33 tlc~ul lash %, 'J, tq fi y - 1 - 3 1 1.4 E 13
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TQfqphQnq: (SlOj WH&?
Fax! (619) 322-6343
33x-
PUASE DELIVER mZ ?'OWWING TO;
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?ATE : &-// /TI Y- moa #: y3q- 2868 I
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FROM: SJ 1 A= -
MAL P"E~BER OF PAGES iHcuDrw TI~SHZTTAL:_ r2,.
TIME TlWSMIT%D: -
TRANSMITTED BY: -
DOCUMENT TWSMZTTI~U:-
PLEASE CHECK THE APPROPRIATE ITMfS) BELGW: - ORIGINAL WlU NOT POUOW
~ /FQRXGINAL WIU FOLLOW BY:
y.-..l REGULAR PIAIL
__. CERTIFIED MAIL, RETURN R3CEIX" RXCJ--E5TF3 - FEDERAL EXPRESS - OTHER: -
I
NOTES t
I 33 ~cCullmch Z “0“ t. MA\’- 1-91 WED 1
z ’YiL/y AYd .t?. %9H!?d$ Fd
WBSCZY A. WITT. TRUSTEL
P.O. 80% 2050
PALM SPRINGS, CALtWRNl
(619) 327-1417
May 1, 1991
City of Carlsbd
City ~lerk’ls~ Office Carlabad, CB 92008
Attn; Karen
Re: Me110 Roo$ &llak
I3ear Karen:
X serve as Trustee for the Paul and Peg- Hadley FamilY Trust ad have mclosed a Certificate of Successor Trustee am3 Certificate of Wstee’s Power to that effect. Project has ken sat out, but WE! cannot locate it,
replacement ballot t.a this office in the most eqpditious m~i.
Very truly yoursr
X understand that a MJot on the Me110 Rems
Kindly send a
hi!!? rs/ 3
a+ 4 &
Wesloy A. itt, Trustee
I declare under penalty of perjury &at; I have not received the lxrllot to date,
Wesley A. Witt, Trustee
MAY- 1.--1. WED 1-46 t-icCul loch E --X
II- 4 WXlT Cart if led Rrblfc Accsuntrmtd 3145 tart Trhcpitr - McCilhm Way, 3uitr 4 Pili Sgrlngr, C#1lIarnir 912~ P4~phdfid: (619) 327-14Lt
?ax: (619) 323-6143
m-
PUML DELIWR THT ro~wrnG To:
FIRM:,
DATE: .I PSO~ I: L/J+- 2 $08
PAX I:, _,
Nrn: d#&W - f/Ty &&MS bF,fl/ci"
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A/?- 4.34 c , /pgz.
FROM: urd 1,1 I *Y .I
TOTAL KVKBEX OF PAGES IHCWDING TEuHSMI'W&Lt 10
TWSMITTED BY:
TIMZ TRANSHITTtD:
c)oC"F TRANSHITTEb:
a
PLEASE CHECK THE APPROPRIATE ITEX(S) BELOW: - ORIGIHAL WIU NOT FOWW
_I_ / ORIGINAL WIU FOLLOW BY!
_._ CERTIFIED MIL, RETURN REcErrYT REQUESTED - FEDERAL EXPRESS
./_I._ OTHER:
- REGULAR HAIL
.CULC. LIIYI.
$
NOTES I
w- = M k Y - 1 - '3 1 W E D 1W46 McCul luCh z:
2GdT t$5G*+ Yd
WESLEY A. WfTT, TRUSTEE
P.0. BOX 2930
PALM SPRINGS, CALfFGORh
W1D) 927-1417
May 1, 1991
City of earlsbad City Clerk's Office
Carlsbad, CA 92008
Attn: Karm
RG: Me110 Rims Ballot
mar Karen:
X serve as Trmstee for khe Paul and Peggy Hadley Family Trust and have enclosed a CertifXcah of 3uccessor Trustee and mrtificate of ?l-uste!e's
Power to that effect.
Project has hen sent out, but we carnot lceate it, Kindly send a replacement ballot ko this office in the mast expeditious manner.
Very truly yoursr
I understand that: a ballot on the el lo Rms
'."-a & 3
Wesley A. itt, Trustee
PI k Y - 1 - 9 1. W E D 1-47 McCu I I mc-h Z wt. t-
1
STATE QF CAfrfPORNIA 1 1 COUNTY OF q\u CP = t h~ 1
CERTXFXChTE 011 SUCCESSOR PRWSTEE
I, WESLEY A. WITT, of Palm Springs, California, h qeclare as folhwst
and PEGGY HADLE3 FAMILY TRUST AGREEMZNT dated Pi3csmb0r 3, wheraln Paul Hadhy and Peggy Hadley we58 named a8 tha or1 trusteer .
2. Paul Hadley, an original trustor and twatee di
3. Peggy Hadley, a residant of Banning, Calif0 re8ignad a3 trustee on July 25, 1989,
4. Since the day of the resignation of Peggy Hadl have been and am now serving a8 the trustee crf the Paul and Hadley Family Trust dated December 3, 1981,
5. A copy of a certificate Q€ truatee powera ia act hereto and incorpozated herein by referenceI
X declare under penalty of perjury that the fcrlcegoi true and Correct and that this certificate was executed cm I a, 1989, at Palm ~prings, California,
1, 1 am One Of the BUCC8880r tmStee8 named in the
Janunry 61 1985,
r - cc d,.r WESLEY A. IWIn! "' SUCCESSOR TRUSTEE:
6n AUqU8t J3 c 1989, before me, the underaigned, a 1 Public in and for said State, personally appeared WESLEY A. known to me or proved to me by satisfactory evidence La L peceon whom name is subscribed to the within instrumen acknowledged that he executed the same
WITNESS my hand and official seal.
Wt t. McCul loch 'S 1m47 M A Y - 1-91 WED
I
E OF TRUSTEES POW
NE€LBP A. WXPT ~iid PBX!! UABltPY herekg ~s~kP€p ah
f011OW8:
1. WESLEY A. WITT and PEGGY BADLEY are the Trustees
the "PAUL AND PEGGY HADtEY FAMXLY TRUST" created on Decemkr
1981,
2, The following are the provisions of the PAUL AND
PEGGY HADLEY FAMILY TRUST XRREEl4ENT relating to the pcrwc?r8 of
Trustee:
"6.0 To carry out the purposes of any trust created under this Agreement, and subject to any limitations
stated elsewhere in this Agreemenkt the Trustee is vested with the following p~srs with respect to the trust estate and any paxt ~f it, in addition to those powers now or hereaftst conferred by law,
6.1 at the risk of the trust estate any business that the
'IItuStee receives tx acquires under the trust, as long as the Trustee deems it advisable.
6,2 To manage, control, grant options onr sell (for Cash of on deferred payments), conveyr exchange, partition, divide, imprws and repair trust property3 to hold undivided interests in property; to participate in and become a membec of partnerships and joint: ventures,
6.3 To lease trust property for terms within or beyond the term of the trust fur any purpose, Including exploration for and removal of gas, ail and other minerals, and to enter into community oil leases, pooling and unitization agreements.
6.4 trust property by mortgage, deed of trust, pledge or crtherwfsej to borrow money on behalf of one trust from any othe1 trust cgeated heertunder; to lend money of one trust to any other trust created hereunder,
TO continue to hold any property and to operate
To bortdw money and to encumber or hypothecate
- 1-
= - *- +-
McC1-4 I I mc-h
v4 = Mfi*-i- 1-91 WED
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6.5 TQ carryr at the expense o€ the trust, insurance of such kinds and In such amounts is the Ttustee deems adviaable to proteck the trust estate and the Trustee against any’ hazard.
6,6 To wmmence 01: defend, at the wpen5e of the
trusk, such litigation with respect: t6 the trust or any property of the trust estate as the Trustee may deem advisable,
6.7 or litigation against or: in favor af the trust,
6,8 To invest and reinvest the trust estate in every kind of property, real, persmaL or mixed, and every kind of investment, Sp2CifiC8lly including but not limited to corporate obligations of every kind, preferred 01 common ~tock;, shares of investment trusts, investment companies and mutual fund$, and mortgage participations, which men of prudence, discretion and intelligence acquite for their: own account and any common trust fund administered by any
6,9 To have a13. the rightsr powers and privileges of an owner with respect to the securities held in trust, including but not limited to, the power to vote, give proxies and
pooling agceements, forecIosure8, reorganizations, consol idatians, mr gc rs c liquidationsl sales and leases, and incident to such participation, to depoait secutitiea with and transfer title to any protective or other committee on such terms as the Trustee may deem advisable1 and to exercise or sell stock SubScKipthn or conversion rights.
6.10 To hold securities of other propeEty in the trustee'^ name, as the Trustee under this Tzust, tx In the Tmrteds own nam~ or in the name of a nomlnr?cr or the Trustee may hold securities unregistered in such condition that: ownership will pass by delivery.
6.21 To purchase property at its fair markek value a3 determined by the Trustee, Ah the Trustee’ 8 discretion, from the pcobate eatate of either Settlor.
6.12 To lend trust: funds {with or without security) to the Executor or Adminiatratox of the
To compromise or. otherwise adjust any claims
carpofate Trustee under this Agreement,
pay IiSSeSsNentS; k~ participate in voting tf~~t~i
-2-
I MAY- 1-31 WED le43 McCul I~ch g wt-t
I
I.
probate estate of either Settlor fur such term, under such conditions and at a reasonable rate: of interest as may be agreed up~ri between the Executor or Administrator and the Trustee, The pawera authorized in this paragraph may be exercised even though the Trustee and said Executor or Administrator may be the same person or entity.
6.13 To loan oc advance the Tcustee'8 own funds t# #$ fly$$ for anf tniislr purpO$er with intemst
at current rates; to teceiv; security gar sudn loans in the form of a mortgage, pledge, deed of trust or other encumbrance of any assets of the trust) to purchase asset$ a€ the trust at their fair market: value as determined by an independent appraisal of those assets; and to sell proprty
ko the trust at a price not: in excess o€ its fair market value as determined by an independent appraisal.
6.14 To open and maintain account8 in the name of the Tsustee with any one or more banks or savings and loan associations authorized and doing business in the State of California ot in any other State of the United States of America; to deposit: in such accounts all the funds belonging to the trust estate that may ffom time to time be in the possessian of the Trustee; to withdraw from such accounts a portion or all of said funds 80 deposited by checks or withdrawal alips signed by khe Twstee, and any such bank ot savinga and loan association is hereby authorized to pay such checks or withdrawal slips and also teceivc the same for dcpait to the credit: of any holder thereof when 80 signed or endursed, without inquiry of any kind and regardless o€
whether 02 not these txustr have beefi fewoked. Xf more than one Trustee shall at any time be acting hereundet' I the cotrustees may designate one or moze of them to conduct such banking and make such deposit 8, withdrawal s ar endot sernent 8 , upon giving written notice of such designation to the bank OK association in questicrnj and such bank 01: a~sociation shall be fully protected in relying upon such a designation. Payments when made a8 aforesaid by such bank or association shall not be subject to criticism or objection of any person concerned or interested in any way In the trust estate!. intended to limit: the liability of the bank 61: association, but age not to be construed as granting to the Trustee powers not othsmise expressly granted hetein.
he foregoing provisions are
-3-
-= = t'If9'T- 1-91, WED 1-58 McCul luch G
6.15 To employ any custodian, attorney, accountantr or any other person to assist the Trustee In the administtation af the trust estate and to rely on the advice 30 given. Reasonable compensation for all 8t2rVfCGB 80 performed shall be paid from the trust estate.
k. It !to reCa!n ptotesslenal Znvestmcnt cCICinSCl of Trustee'$ choice, regarding trust investments in ptoperty held by these trusts If such counsel, is retainedr the TzwtetlshaL1 abide by the decision of the counsel, but shall not be held liable or otherwise surcharged for lwsas directly attributable tQ investments made on the
advice of the independent Counsel. During the period independent counsel io retained by the Trustee, the Trustee shall not be required to take action in respect to tiust Investments unless the Trustee receives written instructions from the investment: counsel,
6.17 To purchase, in the Truskee'S discretion, at lesa than parr obligations of the United States of America, that are redeemable at parr in payment of any federal estate tax liability of either Settlor in iuch amounts as the Trustee deems advisable, and fog that purpose the Trustee may pattitian h portion of the community ptsprty
of the trust estate and make such purchases from either or both portions, The Trustee shall exerciae the Trustee'8 discretion and purchase
believe that either Settlor is in substantial danger of death, and may bograw funds and give security for that purpose, The Trustee &all cesolve any doubt concerning the desirability of making the purchase and its amount in favor of making the purchase and in purchasing a largerr even though somewhat excessiver amount. 'phe Trustee shall not be liable to elthet Settlor, any heir of Settlor or any beneficiary of this trust fat 1osseS resulting fmm purchases made in good faith. The Trustee is directed to redeem any ouch obligations that are part of the trust carpus to the fullest extent possible in payment of Eedezaf. estate tax liability of either Settlor -
6.18 To withhold from distribution, in the
Iruskee's absolute discrekian, at the time fat distribution of any properky in this Grwt, without the payment of interest, all ar any part o€ the property as long as the Trustee shall
- 4-
such obligations if the Trustee has ream to
MAY- 1-9; WED 1-51 McCul lach = -*t.
t, k
determine, in the Trustee' 8 discretion, that such property may be subject to conflicting claims, to tax def icfencies OL to liabilities, contingent OE otherwise, properly incurred in the administtation of the estate.
6.19 To partition, allot and distribute the
distribukion of the trust estate in undivided
partly In kin I at valuations determined by the
may deem necessary to make division or distribution, of final distribution of the trust estate, the Tzustee &all be under no duty to make a pro rata division or to distribute the same assets to beneficiaries similarly situated1 but r rather, the Trustee mayl in the Trustee's disczedion, make a nonpro rata division between trusts oc shares and nonpra zata distributions to such beneficiaxles, as long a$ the respective assets allocated to separate trusts or shares, or distributed to such beneficiariesr have equivalent: or proportionate fair market value,
6,20 Ta release or to restrict the scope of any power that the Trusket! ~y held ia canneckion with the trust created under this Agreement, whekher such power is expressly granted in the Agseement bc Implied by law, The Trustee shall exercise this power in a written instrument: executed by the Trustee, specifying the powera to be released or restricted and the nature of the cestr fct ton.
7.1. as cotrustees of all trusts created by or to be created pursuant to thio Agreement. Should either husband or wife become unable because of
death, incompetency 01; other cause to serve as such cotrustees, or should either resign as cokrustee before the natural termination af all trusts provided for in this Agreementr Wesley A,
remaining wtrustee and the twQ shall theroaftez serve a3 cotrustees of all trusts provided far in this Agreement. The term 'trustee" as used fn this Agreement shall tefet collectively te husband and wife so long as they shall serve as cotrustee and thereafter to the remaining catreustee and ~esley A, Witt or to any ~uccesao~ or successor8 as provided in this paragraph and in the paragraphs herein below,
tfut!t efltat41 dri aay diuiaibfi br @tCial b~ €ha!
interests or In kind, or partly In money and
Ttustee and t 3 sell such property as the Trustee
In making any division or partial
The husband and wife are hazeby designated
Witt shall forthwith become cottustee with the
-5-
t = w** r.,HI- 1-541 WtU 1-:51 wccu I I OGh
I
*.
7.2. On the death of the surviving spouset or shoul< such spouser after the death of the 0th~ Scttlof, resign or become unable for any reason to SCEVF! as a cotrustee of the trusts provided for in this
agreementf Wesley A, Witt shaii fcyt;hni\b bgcome
&ustee of the trusts provided for in this agreement,
7,8. If the surviving spouse is serving ae cotrustec under this Agreement, and if the isurvfving spouse is nable tb patticipate in trust activities because of Yllness , di sa bil i ty , Qr any other reason, the other cotrustee (Wesley A, Witt of any succes8oz thereto) mayr during any 8uch incapacity, act: as trustee and make any and all decisions regarding the tcust estate as trustee under this Agreement, disability of the surviving spousel the other cottustec of the residual trust may rely on a certificate or othez written statement from one licensed physician who has examined the surviving spouse, Any action taken by the other cotrustee of the wesidual trust, as trustee undez: this pat8gra@I shall be binding and canchive upsn all ~WXS~S ww
OL hereafter interested in the trust estate and may be zelied on by third parties dealing with the othsxr cotrustee as trugtee under this paragraph.
7,12. inquire concerning the validity of anything the Trustee purports to do, or need see to the application of any money paid or any pcqeity ttansferged tot ~t upon the ordez ofr the Trustee.'
WE DECLARE undez plenalty of perjury that the foregoin4
In determining the
No one dealing with any Tzustee hereunder need
true and correct: and that this Cectificate was executed on
Januacy a, 1,985, at Banning, California,
.._.
I L
L = w +- t- MfiY- 1-31 WED 1-52 McCul ImGh
I .. 8'
STATE OF CALIFORNIA )
County of ~&ixxmx$rlbe 1 ) ss.
$AN BERNAfQZNQ
On January &p L385r befoze me, the undersigned# u - ----.-----I._
Notary Public in and for said State and County, personalLy
appeared WESLEY A. WITT and PEGGY HADLEY known to me (or pro1
La me on the basis of satisfactory evidence) to k the persol
who executed the within instrument, and acknqwledged to me u
they executed the same,
WITNESS my hand and official seal,
544 LE.. ,.I
Notaxy Public in and Tot said State and County (SEAL)
H+*+~*+**+rH~****+~~~~~~~~~~ I ofFlClAL SCAI.
NOR1 KUBOTA
Nmry Public-Catlfmir
Principal Office tn
hl hfd6!diM Cdlrfi& - 4--t++** + + ++* + b Comm, Exp, Juns 2Y,1988
0 0
Wiegand Properties Partnership
Attn: John Wiegand
424 Recluse Lane
Encinitas, CA 92024
APN: 255-040-17
41.86 acres = 42 votes
Per Jim E. (from Mac Brown) we should issue ballot
for Wiegand property. This parcel was included in
the map for the CFD, but was not included on the
list we used for mailing.
Ballot No. 174 will be picked up by Pete Wessell
(from Planning Dept.) and hand delivered to
Mr. Wiegand (per Mac Brown).
Ihave issued the ballot and included the info
on the "ballots issued list" on 5/1/91 at
1:25 P.M.
K.
.ce 'L 7. * 0
BCE Development Inc. '1 ?ari: ?:=a, Suite "03G, :p;i:zr f&;z:cia S27n4. -j-~/zphefie <7"4j 476-27.56
April 26, 1991
City Clerk
1200 Carlsbad Village Drive Carlsbad, CA 92008
Attention: Lee Rautenkranz
I certify under penalty of perjury to the best of my knowle, BCE Development Inc. did not receive Ballot 017 regarding t: election for Mello Roos.
Please send this to:
BCE Development Inc.
Attention: R. T. Zimmer
1 Park Plaza Suite 1000
Imine, CA 92714
Thank you.
BCE DEVELOPMENT INC.
R. @+ . immer
Vice President & Controller
/Pas
-- , :eiecopier (714) 476-30?6
a e@ company v?&./
0 0
B CJ
-2- &$ tp *a
<;b ?% - ; &.% \-" '9- ?2 $3
Building, Civil Mechanical & Electrical Engineering
Contractor to the World
George Wimpey, Inc. 3565 Seventh Avenue P.O. Box 33608 San Diego, California 921 63-3608 e Tel. (f
April 29, 1991
Ms. Karen Kundtz City of Carlsbad
City Clerk's Office
1200 Carlsbad Village Drive
Carlsbad, California 92008
Dear Ms. Kundtz:
Following our telephone conversation today I can confirm, L penalty of perjury, that I have checked with my colleagues in office and that there is no trace of the Ballot Forms for the Wide Mello Roos having been received.
I am authorized by the Board of Directors to cast our vote in
election and I would be obliged if the necessary forms coul
sent to us to arrive here as soon as possible.
1
Vice President
FAG/ sm
U S. HEADQUARTERS SAN DIEGO FAX (61 9) 260-1 262
ASSOCIATED OFFICES U K AFRICA ASIA AUSTRALIA CANADA CARIBBEAN EUROPE FAR EAST MIDDLE EAST NEAR EAST SC
* * e
CALIFORNIA
COMMUNITIES, INC
April 29, 1991
Mrs. Lee Rautenkranz
City Clerk of Carlsbad
1200 Carlsbad Village Rd.
Carlsbad, CA 92008
Dear Mrs. Rautenkranz:
Under Penalty of Perjury, California Communities has not rem
the official ballots for the Carlsbad city wide Mello-Roos.
assessor parcel numbers are:
212-040-30
212-120-33
Please mail them as soon as possible to:
George Meeker
California Communities
19100 Von Karman Suite 500
Irvine, CA 02715
Sincerely,
P?TWiC??.Jr.t
GRM/jh
A CAL FED COMPANY
19100 VON KARh4AN AVE , SUITE #500, IRVINE, CA 92715 (714) 261-6700 (714) 660-7698 FAX
P 9 HrL LJ ri ib. id t3twriJ ii'ivtfp INL. P,
Bullding, Glvll Mechanical & EltGtriCsl Engineering
Contractor to the Worid
George Wlrnpuy, Inc, 35$5 Seventh AV~RUL P.0. Box 33608 San Diepo, California 821 63-3608 * Tel. (
April 24, i44i
Ms. Karen Kundtz
City of Carlsbnd city Clark's office
1200 Carlsbad Village Drive
Carlsbad, California 92003
Dear Ms. Kundtz:
Following our telsphons conversation today i can confirm, I penalty af perjury, that I have checked with my colleagues in afficss and that there is no trace of the Ballot Farms for the wide Me110 Roas having been received.
I: am authorizad by the Board of Directors to cast our vote in election and I would be obliged if the necessary farms cou!
sent to usi to arrive here as ioon as possible. si&i+y, 1
"ail" 11 , z 1. %I<* x*\" . [ J. ;/h ;qJ<-- \
F. Anthony Griffi '' Vice President
FAG/'bm
LLS. HEADQUARTERS. $Ah PIEGO FAX (61el 260-1262
ASYOCiATEU OFFICES* U K. AFRICA * ASIA AUSTRALIA* CANADA 4 CARfBBEAk 4 EUROPE @ FAR EAST+ MIDDLE EAST NEAR EAST 80
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Suite 204 Plonnmg
Carlsbad CdifOrnlU 92009 Processing
619 931 7700 Surveying
Fox 619 931 8680
r- f1P0 2'3 '31 3:42 a 0 PRG
CALIFORNIA
C 0 M M U N 1 T 1 E S. I N C.
fAX TRANirMIrrAl
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Numbes of copies, inctuding this form 2 ___ ,
Our f&x number is f7 141 6607638
if any diffr'cwlties $risez please call (7 14) 26 1-6700
Additional message# if any:
., A GAL FER COMPANY
19100 VOP4 &jR?&+d Am., SUITE WSOO. IRYINE. CA92715 (714) 261-6700 1714) 660-7698 FAX
PQG e e f-1P3 29 '91 9:42 1
CALIFORNIA
C 0 M M UN IT 1 E S, IN C.
April 29, 1991
Mrs. Lee Rautenkranz City Clerk of Carlsbad
120.0 Carlsbad Village Rd. Carlsbab, CA 92008
Dear Mrs. Rautenkranz:
Under Penalty of Perjury, California Communities has not rect
the official ballots for the Carlskad city wide Mello-Roos. a~sessor parcel numbers are:
212-040-30
212-120-33
Please mail them as soon as possible to:
George Meeker California Communities
19100 Von Karman Suite 500 Irvina, CA 02715
Sincerely, m9 President Jr.
GWm
A CAL FED COMPANY
19100 VON KARMAN Am,, SL, 4500, IRVINE, CA 92715 (714) 26'1-670r) (714) 660-7695 FAX
The 16935 WEST Buie BERNARD0 Corporation DRIVE a -I) "=m
SUITE 200
SAN DIEGO CALIFORNIA 92127 1696
(619) 487 3050
April 26, 1991
City Clerk
1200 Carlsbad Village Drive Carlsbad, CA 92008
CITY OF CARLSBAD
E BALLOT FOR CITY WIDE MELLO-ROOS
This is to state under penalty of perjury that Carlsbad Development Company did not receive the initial ballot for
the above referenced issue. Please forward this ballot to II attention c/o The Buie Corporation.
Thank you for your cooperation.
Project Manager
WJM:cf
a 0
~nn~~ 0. Kenny
IMPACT GEOLOGY
Post Office Box 1065
Carlsbad, California 92008
Phone: 438-0668
April 25, 1991
City Clerk City of Carlsbad Carlsbad, Calif. 92008
Thder penalty of perjury, we, Katherine M. Kelly and Allan 0. Kelly, AKA Kelly Family Carlsbad Partnership,
swtzax we did not receive a ballot to vote on the following parcels :
207-101-12 82.86 acres 208-020-28 333.59 acres 208-020-30 6.96 acres 208-020-32 1.41 acres 208-020-33 4.29 acres 429.11 total acres
gL rn If-
KATHERINE. M. JELLY
mo. xEL;LY
0 a
Bramalea California, Inc.
One Park Plaza, Suite 1100
Irvine, California 92714
(714) 851-3131
Executive
Offices
April 19, 1991
Ms. Lee Rutenkranz
City Clerk
1200 Carlsbad Village Drive
Carlsbad, California 92008
Dear Ms. Rutenkranz:
I hereby certify under the penalty of perjury that Bramalea California ha
received the original ballot for the Mello Roos election for May 7, 1991.
gZ6L- Jack Reimer
Vice President
Land Development
JR:db
Commercial Residential Industrial Developers
e 0
J8righton H 0 M E S
April 22, 1991
Lee Rautenkranz
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
- VIA FAXMILE (619)434-1987
Re: Community Facilities District No. 1 Ballot, Tax Assessor Parcel Numbers: 264-221
255-031-17, 264-010-21, 264-010-22, 264-010,264-010-25,
Dear Lee:
Pursuant to our telephone conversation today, I am writing to request a duplicate o
ballot you mailed to us on April, 15, 1991 for Community Facilities District No. 1.
I hereby certify under penalty of perjury that we have not received the ballot you rnailec
thus require a duplicate.
As we discussed, Brighton Carlsbad Associates’ ownership includes the Tax Assessor Pi
referenced above which encompass approximately 216 acres.
Thank you for your assistance.
Sincerely,
fl7&&/ Marshall G. Eichenauer, J .
Director of Forward Planning Brighton Homes Brighton Homes
for Brighton Carlsbad Associates
505 N. TUSTIN AVENUE, SUITE 250
SANTA ANA, CA 92705
7141667-3999
0 0 Bren Company
Hpri? 22, 149i
Ms. Lee Rautenkranz City Clerk CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008
Dear Ms. Rautenkranz :
After reviewing the City of Carlsbad Community Facilities Districc
No. 1 Qualified Electors List, I have determined the Bren Company adress in incorrect. I therefore request your office issue a duplicate ballot to the following address:
Bren Company 9191 Towne Centre Drive Suite L-101 San Diego, CA 92122
I further state under penalty of perjury that the Bren Company has not received its ballot.
The Bren Company appreciates your assistance in correcting the error.
Very truly yours,
DONALD L. BREN COMPANY
F&F E. Dale G ed
Assistant Secretary
EDG:erm
cc: 322.2.4
EDG. 032
San Diego Division
9191 Towne Centre Drive Suite L-101 San Diego California 92122 (619) 453-7
v e
SPIERS ENTERPRISES
17941 Mitchell St
Imine, CA 92714
(714) 863-1767
April 24, 1991
City Clerk
City of Carlsbad
1200 Elm Avenue Carlsbad, CA 92008
Re: Request for duplicate Community Facilities
District Ballot
Dear City Clerk:
As the person authorized to cast the Community
Facilities District votes for San Diego County Assessor's
Parcel #212-040-46, it is hereby requested that you
forward a duplicate ballot to me at your earliest convenience.
Under penalty of perjury, I hereby state that I have not received the official ballot material necessary to
cast the votes to which the subject parcel is entitled.
Thank you for your consideration in this matter.
Sincerely,
LAUREL TREE INVESTMENT CO. A Limited Partnership
By: Dwight W. Spiers Trust General Partner
--
Dwight W. Spiers Trustee
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GUARANTEE
C 3 AMEItJ 9 2
First American Title Insurance Cornpan.
H 430694
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Form 1349
CLTA Guarantee
Face Page GUARANTEE
LIABILITY $ ~,ooo.oo ORDER NO. 1007291-
FEE $ 100.00 YOURREF. UIZA POI
First American Title Insurance Company
a corporation, herein called the Company,
GUARANTEES
THE CITY OF CARLSBAD
herein called the Assured, against actual loss not exceeding the liability amount stated above which the Assure(
sustain by reason of any incorrectness in the assurances set forth in Schedule A.
LIABILITY EXCLUSIONS AND LIMITATIONS
1. No guarantee is given nor liability assumed with respect to the identity of any party named
or referred to in Schedule A or with respect to the validity, legal effect or priority of any
matter shown therein.
The Company’s liability hereunder shall be limited to the amount of actual loss sustained
by the Assured because of reliance upon the assurances herein set forth, but in no event
shall the Company’s liability exceed the liability amount set forth above.
2.
Please note carefully the liability exclusions and limitations and the specific assurances afforded by thls Quai
If you wish additional liability, or assurances other than as contained herein, please contact the company for 1
information as to the availability and cost.
Dated : APRIL 29, 1991 AT 7:30 A.M.
First American Title Insurance Company
BY PRESIDENT
BY ASSISTANT SECRETARY
Form 1355 e* --- CLTA Guarantee 8
Form No. 12
SCHEDULE A
LOT BOOK GUARANTEE ORDERNO. 1I
The assurances referred to on the face page are:
That, according to the Company's property records relative to the following described real property (bur
examination of those Company records maintained and indexed by name) :
FULL LEGAL DESCRIPTION SHOWN ON ATTACHED EXHIBIT "A"
A. The last recorded instrument purporting to transfer title to said real property is:
A CERTIFICATE OF ACCEPTANCE RECORDED MARCH 25, 1987 AS NO. 87-155828 OF OFFICIAL RECORDS, PURSUANT TO AN OFFE DEDICATION RECORDED SEPTEMBER 11, 1986 AS FILE NO. 86- OF OFFICIAL RECORDS, CONVEYING FEE TITLE TO THE CALIF0 STATE LANDS COMMISSION
B. There are no mortgages or deeds of trust which purport to affect said real property, other th,
those shown below under Exceptions.
NONE
No guarantee is made regarding (a) matters affecting the beneficial interest of any mortgage or deed of trust whi
shown herein as an exception, or (b) other matters which may affect any such mortgage or deed of trust.
No guarantee is made regarding any liens, claims of lien, defects or encumbrances other than those specificall?
for above, and, if information was requested by reference to a street address, no guarantee is made that said rei
is the same as said address.
Exceptions: NONE
e* -W
EXHIBIT "A"
PARCEL "A" WETLANDS
THAT PORTION OF LOT 3 OF PARCEL MAP 13653, IN THE CITY OF CARLSB COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 31, 1985, MORE PARTI DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3, BEING A POINT C EASTERLY BOUNDARY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPE SANTA FE RAILROAD COMPANY (COAST LINE); THENCE EASTERLY ALONG TH SOUTHERLY LINE OF SAID LOT 3 S 89'29'26" E 1084.00 FEET TO THE 'I
55" E 179.78 FEET; THENCE N 46"00'17" E 245.38 FEET; THENCE N 24 E 297.95 FEET; THENCE S 1'36'13" E 645.50 FEET; THENCE N 32'29'0 613.26 FEET; THENCE S 31'41'12" E 344.87 FEET; THENCE S 51'02'53 649.80 FEET: THENCE N 89'29'26" W 438.99 FEET TO THE TRUE POINT BEGINNING.
POINT OF BEGINNING; THENCE N 8"21'15" E 227,13 FEET; THENCE N 2
(A PORTION OF 216-140-28)
PARCEL "B" WETLANDS
THAT PORTION OF LOT 3 OF PARCEL MAP 13653, IN TEH CITY OF CARLSI COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OI COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 21, 1985, MORE PARTI DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3, BEING A POINT (
EASTERLY BOUNDARY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPI AND SANTA FE RAILROAD COMPANY (COAST LINE); THENCE NORTHERLY AL( SAID EASTERLY BOUNDARY LINE AND ALONG THE ARC OF A 11,559.20 FO( RADIUS CURVE CONCAVE WESTERLY 160.00 FEET THROUGH A CENTRAL ANGl 0'47'35"' THENCE LEAVING SAID EASTERLY BOUNDARY LINE N 82'50'46' 287.57 FEET; THENCE S 81'31'00" E 259.51 FEET; THENCE N 70"01'1 88.60 FEET; THENCE N 44'48'07" E 57.28 FEET; THENCE N 3'20'11" I FEET; THENCE N 74'09'40" E 78.16 FEET; THENCE S 31'53'39" E 259 THENCE S 56'53'25" E 204.17 FEET; THENCE N 89'29'26" W 1004.00 1 THE POINT OF BEGINNING.
(A PORTION OF 216-140-28)
PARCEL "C" LAGOON BLUFFS
THAT PORTION OF LOT 3 OF PARCEL MAP 13653, IN THE CITY OF CARLS: COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 31, 1985, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
0- --
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3, BEING A POINT C EASTERLY BOUNDARY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPE SANTA FE RAILROAD (COAST LINE) AND THE BEGINNING OF A 11,559.20 RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC 01 CURVE 160,OO FEET THROUGH A CENTRAL ANGLE OF 0'47'35" TO THE TRI
POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG THE ARC 01 11,559.20 FOOT RADIUS CURVE 74.58 FEET THROUGH A CENTRAL ANGLE ( 11"; THENCE LEAVING SAID EASTERLY BOUNDARY LINE N 61'15'33'' E 1: FEET; THENCE S 88'57'36" E 455.02 FEET; THENCE N 9'55'22" W 479# FEET; THENCE N 3'52'21" E 369.52 FEET; THENCE S 43'14'35" E 226, THENCE S 23'05'49" E 520.89 FEET; THENCE S 13'54'59" E 166.46 'I THENCE S 25'25'41'' E 206.37 FEET: THENCE S 63'16'29" E 57.86 FEf N 1'54'28" E 253.90 FEET: THENCE N 45'04'30" E 429.38 FEET; THEE
59'59" E 411.21 FEET; THENCE N 47'31'11" E 108.84 FEET; THENCE Z
13" E 324.20 FEET; THENCE S 24'45'37" W 297.95 FEET; THENCE S I W 245.38 FEET; THENCE S 26'55'55" W 179.78 FEET; THENCE S 8'21'1
227.13 FEET; THENCE N 89'29'26" W 80.00 FEET; THENCE N 56'53'2:
204.17 FEET; THENCE N 31'53'39" W 259.39 FEET; THENCE S 74'09'4(
78.16 FEET; THENCE S 3'20'11" W 81.10 FEET: THENCE S 44'48'07" T, FEET; THENCE S 70'01'45" W 88.60 FEET; THENCE N 81'31'00" W 259, FEET; THENCE S 82'56'46" W 287.57 FEET TO THE TRUE POINT OF BEG1
(A PORTION OF 216-140-28)
PARCEL "D" WETLANDS
THAT PORTION OF LOT 3 OF CARLSBAD TRACT 82-18, MAP NO. 11290, IT CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILl THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 16, : MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3, BEING A POINT ( EASTERLY LINE OF CARLSBAD BOULEVARD; THENCE SOUTHERLY ALONG SA11 EASTERLY LINE S 17'30'57" E 236.68 FEET TO THE TRUE POINT OF BE( THENCE LEAVING SAID EASTERLY LINE N 78'10'33" E 151.25 FEET; THI 81'32'17" E 186.83 FEET TO THE BEGINNING OF A TANGENT 27.00 FOO' CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID : RADIUS CURVE 44.06 FEET THROUGH A CENTRAL ANGLE OF 93'30'00"; TI 18'42'07" W 30,06 FEET; THENCE N 37'11'31" W 173.75 FEET; THENCI
17'49" W 144.08 FEET; THENCE N 23"20'08" W 88.76 FEET; THENCE 1
40" E 59.47 FEET: THENCE N 59'20'16" E 67.28 FEET: THENCE N 65'1 E 124.71 FEET; THENCE N 73'21'23'' E 107.39 FEET TO A POINT ON TI WESTERLY BOUNDARY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPI SANTA FE RAILROAD COMPANY (COAST LINE); THENCE SOUTHERLY ALONG 1 WESTERLY BOUNDARY LINE AND ALONG THE ARC OF A 11,359.20 FOOT RA] CONCAVE WESTERLY A DISTANCE OF 578.20 FEET THROUGH A CENTRAL ANI
2'54'59"; THENCE S 15'42'29'' E 125.14 FEET; THENCE S 46'05'21" FEET; THENCE S 71'53'21" W 195.12 FEET; THENCE N 74'32'39" W 24 FEET TO THE SAID EASTERLY LINE OF CARLSBAD BOULEVARD; THENCE NO' ALONG SAID EASTERLY LINE N 17'30'57" W 191.40 FEET TO THE TRUE : BEGINNING.
(A PORTION OF 216-140-19)
I e' "*-
PARCEL "E" LAGOON BLUFFS
THAT PORTION OF LOT 3 OF CARLSBAD TRACT 82-18, MAP NO. 11290, IN CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILE THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 16, 1 MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3, BEING A POINT 0 EASTERLY LINE OF CARLSBAD BOULEVARD; THENCE LEAVING SAID EASTERL N 62'45'52" E 114.82 FEET; THENCE N 7'55'44" E 150.47 FEET; THEN
5'23'25" W 149.12 FEET; THENCE N 70'51'17" E 379.26 FEET TO A PO THE WESTERLY BOUNDARY LINE OF THE RIGHT OF WAY OF THE ATCHISON, AND SANTA FE RAILROAD COMPANY (COAST LINE); THENCE SOUTHERLY ALO WESTERLY BOUNDARY LINE AND ALONG THE ARC OF A 11,359.20 FOOT RAD
OF 0'23'14"' THENCE LEAVING SAID WESTERLY BOUNDARY LINE S 73"21' 107.39 FEET; THENCE S 65'44'36" W 124.71 FEET; THENCE S 59'20'16 67.28 FEET; THENCE S 23'47'40" W 59.47 FEET; THENCE S 23"20'08" FEET; THENCE S 35'17'49" E 144.08 FEET; THENCE S 37'11'31" E 17: FEET; THENCE S 18'42'07" E 30.06 FEET TO THE BEGINNING OF A NON 27.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONC ARC OF SAID 27.00 FOOT RADIUS CURVE 44.06 FEET THROUGH A CENTRA1 OF 93'30'00"' THENCE TANGENT TO SAID 27 FOOT RADIUS CURVE S 81': 186.83 FEET; THENCE S 78'10'33" W 151.25 FEET TO A POINT ON SA11 LINE OF CARLSBAD BOULEVARD; THENCE NORTHERLY ALONG SAID EASTERLI
17'30'57" N 236.68 FEET TO THE POINT OF BEGINNING.
CURVE CONCAVE WESTERLY A DISTANCE OF 76.76 FEET THROUGH A CENTRA
(A PORTION OF 216-140-19)
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*** +*-
CLTA Guarantee (5-3-73)
<-
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms in loss to the Assured within the coverage of this Gu pay the full amount of this Guarantee or, if this issued for the benefit of a holder of a mortgage, the C have the Option to purchase the indebtedness Sec mortgage. Such purchase, payment Or tender Of pa full amount of the Guarantee shall terminate all li
given to the Company by the Assured the Comc purchase said indebtedness, the owner of such inde transfer and assign said indebtedness and the mort the same to the Company upon payment of the p
6. Limitation of Liability - Payment of Loss
(a) The liability of the Company under this Guar; limited to the amount of actual loss sustained b) because of reliance upon the assurances herein set no event shall such liability exceed the amount o stated on the face page hereof.
(b) The Company will pay all costs imposed upon t litigaiion carried on by the Company for the Ass costs and attorney’s fees in litigation carried on b: with the written authorization of the Company.
!c) NO claim for damages shall arise or be maint this Guarantee (1) if the Company after having re of an alleged defect, lien or encumbrance not shown tion or excluded herein removes such defect, lien or within a reasonable time after receipt of such not liability voluntarily assumed by the Assured in settl or suit without written consent of the Company.
(d) All payments under this Guarantee, except for as provided for in paragraph 6(b) hereof, shall reduc
made without producing this Guarantee for indorse payment unless the Guarantee be lost or destroyed, proof of such loss or destruction shall be furnishec faction of the Company.
(e) When liability has been definitely fixed in accord conditions of this Guarantee, the loss or damage sh; within thirty days thereafter.
7. Subrogation Upon Payment or Settlement
’VhCnever the Compnny sha’1 have sett1ed a ‘Iai Guarantee, all right of subrogation shall vest in
unaffected by any act Of the Assured7 and it sha11 to and be entit1ed to a11 rights and remedies whit
wou1d have had Gainst any person Or property in r
~~~~o:y“,~t~~i~o~~~~~~s~~~~ E=:;;; $il to such rights and remedies in the proportion which bears to the amount of said loss. The Assured if re( Company, shall transfer to the Company all rights against any person or property necessary in order t right of subrogation, and shall Permit the ComPa name of the As~red in any transaction or litigation rights Or rm~dies.
The following terms when used in this Guarantee mean:
(a) “land”: The land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law
constitute real property;
(b) “public records”: those records which impart constructive notice of matters relating to said land;
(c) “date”: the effective date;
(d) “the Assured”: the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company ;
(e) “mortgage”: mortgagc, dccd of trust, trust deed, or other security instrument.
Company hereunder. In the event after notice of cl
2. Exclusions from Coverage of This Guarantee
Tke Company assumes no liability for loss or damage by reason of the following:
(a) 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.
(b) Unpatented mining claims; rescrvations or exccptions in pat- ents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
(c) Title to any property beyond the lines of the land expressly described in the description set forth in this Gunrantec, or title to streets, roads, avenues, lanes, ways or waterways on which such
or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description.
(d) Defects, liens, encumbrances, adverse claims against the title as baaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured.
land abuts, or the right to maintain therein vaults, tunnels, ramps of the liability hereunder pro tanto, and no pay
3. Prosecution of Actions
(a) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or con- firm the matters herein guaranteed; and the Company may take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof.
(b) In all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or pro- ceeding, and the Company shall reimburse the Assured for any expense so incurred. 8. Guarantee Entire Contract
4. Notice of Loss - limitation of Action Any action or actions or rights of action that the Ass1
Or may bring against the Company arising Out ‘ matter hereof must be based On the provisions Of t No provision Or condition Of this Guarantee can changed except by a writing endorsed Or attached by the President7 a Vice President7 the Secretaq Secretav Or Other va1idating Officer Of the Cornpa’
A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be fur- nished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee.
9. Notices, Where Sent
~11 notices required to be given the company and in writing required to be furnished the company sha to it at 421 North ~~i~ Street, santa A~~, Califomi the office which issued this Guarantee.
10. Fee
The fee specified on the face of this Guarantee is tl title search and examination and for this Guarantee
5. Option to Pay, Settle or Compromise Claims
The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result
e. z / 0.
Our No. 8502409-86
Continued :
80. A 15.00 foot wide public utility and access easement is shown and
thereon. delineated on said Map No. 11616 and granted to the City of Carlsbad
81. The following recital contained on Map No. 11616:
This project is approved upon the express condition that building
permits will not be issued for development of the subject property
unless the City Engineer determines that sewer facilities are
available at the time of application for such sewer permits and will continue to be available until1 time of occupancy.
82. An easement for underground facilities and appurtenances for the
transmission and distribution of electricity, pipelines,
communication facilities and the right of ingress and egress and
incidental purposes as granted in deed recorded February 25, 1987 as
File No. 87-099126 of Official Records, in favor of San Diego Gas & Electric Company,
Said easement affects that certain strip of land 10.00 feet in
width lying within said Lot 80, lying adjacent to, coincident with
the exterior boundary of that certain dedicated roadway 96.00 feet
in width known as "Windrose Circle" as shown on said Map No. 11616.
No representation is made as to the present ownership of said
easement.
Restrictions on the use, by the owners of said land, of the easement
area as set out in the easement document.
83. A Deed of Trust to secure an indebtedness of $30,000,000.00, and any
other amounts payable under the terms thereof, recorded November 8,
1990, as File No. 90-607342 of Official Records.
Dated: November 5, 1990.
Trustor: Kaiza Poinsettia Corporation, a California
Trustee: First American title Insurance Company, a California
Beneficiary: The Hyogo Bank, Ltd., New York Branch.
corporation.
corporation.
Said matter affects this and other property.
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Continued :
84. ’ A Fixture Filing securing an indebtedness OF $(none shown) recorded --,
November 8, 1990 as File No. 90-607343 of Official Records,
Debtor: Kaiza Poinsettia Corporation
Creditor: The Hyogo Bank, Ltd., New York Branch
Affecting goods described therein.
THE FOLLOWING ITEMS AFFECT PARCEL F:.
85. General and special County and City taxes for the year 1990-1991,
including personal property taxes, if any, as follows:
Total : $9,978.22
First Installment: $4,989.11,
delinquent plus penalty of: $498.91
Second Installment: $4,989.11,
Exempti on: $0.00
delinquent plus penalty of: $-0-, includes costs of $10.00
Code Number: 09108
Parcel Number: 216-140-30-00
86. Delinquent taxes for the fiscal year 1988-1989 and subsequent delinquencies are tax defaulted. Amount to redeem prior to January 31, 1991, $24,606.12, February, 1991, $24,890.96.
a7. The lien of supplemental or escaped assessments, if any, pursuant to the provisions of Part 5, Chapter 3.5 (commencing with Section 75)
or Part 2, Chapter 3, Articles 3 and 4, ail of the Revenue and
Taxation Code of the State of California.
aa . An easement for pipelines, 20 feet in width and incidental purposes
as granted in deed recorded November 6, 1958 in Book 7338, Page 303
of Official Records, in favor of Carlsbad Municipal Water District.
described property.
Grantor and their successors in Estate shall not erect or construct,
or permit to be erected or constructed, any building or other
structure, plant any tree or trees, or drill any well or wells, within the limits of said right of way.
Said easement affects the Southerly 20.00 feet of the herein
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Grantee shall have the right to erect,-maintain and use gates in all
fences which now cross or shall hereafter cross said routp or
routes, and to trim and cut and clear away any trees and brush whenever in its judgment the same shall be necessary for the
convenient and safe exercise of the rights hereby granted, the right
to transfer and assign this easement in whole or in part being hereby granted to the Grantee.
Grantor agrees that no other easement or easements shall he granted on under or over strip of land by Grantor, without, the previous written consent of Grantee.
It is also undertood and agreed by the parties hereto that the
Grantor and their successors or assigns, shall not increase or
decrease, or permit to be increased or decreased, the existing ground elevations of the above described right of way, existing at the time this document is executed, without the previous written consent of the Grantee.
No representation is made as to the present ownership of said ea semen t .
Restrictions on the use, by the owners of said land, of the easement area as set out in the easement document.
89. The fact that the ownership of said land does not inqclude any rights
of ingress or egress to or from the freeway adjacent to said land, said rights having been relinquished by deed to the State of
California, recorded May 5, 1961 as File No. 58612 of Official
Records.
90. The fact that the ownership of said land does not include any rights
of ingress or egress to or from the freeway adjacent to said land,
said rights having been relinquished by deed to the State of California, recorded August 29, 1961 as File No. 150325 of Official
Records.
91. An easement for pipeline, 20 feet in width and incidental purposes
as granted in deed recorded August 29, 1961 as File No. 150326 of
Official Records, in favor of Carlsbad Municipal Water District.
Said easement affects the centerline of said easement of right of
way which is particularly described as follows:
COMMENCING at the South Quarter corner of said Section 28; thence Westerly along the South line of said Southwest Quarter North 89O20'39" West 341.03 feet to the TRUE POINT OF BEGINNING; thence
North 32'51'39'' West 1402.37 feet to a point being at Coordinates
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Continued :
Y-340, 772.36 feet and X-1, 676,222.76 feet-.
No representation is made as to the present ownership of said
easement.
Restrictions on the use, by the owners of said land, of the easement
area as set out in the easement document.
92. Exchange of Easements Agreement, on the terms and conditions
contained therein, recorded November 12, 1965 as File No. 205391 of
Offici a1 Records.
Dated: April 12, 1965
Executed by: Palmer Conner; Frank Miles Flint; C. Harris Adams; Dorothy R. Adams; Perry A. Lamb; John M.
Lamb; Bay View Hills, Inc., a corporation;
George W. Oliver and John M. Lamb as Special
Administrators with General Powers of the Estate
of John N. Metcalf; Perry A. lamb, as Executor
of the Will of May K. Metcalf; Donald Dean
Sharp; Robert C. Sharp
and: Jules Berman, a married man
93. An easement for ingress and egress on and across, aqd along the
herein described real property for personnel and equipment and
incidental purposes as granted in deed recorded May 3, 1974 as File No. 74-115353 of Official Records, in favor of San Diego County
Flood Control District.
Said easement affects a strip of land 12.00 feet in width lying
Southerly of and contiguous with the following described centerline:
COMMENCING at the Southwest corner of said Section 28; thence along
the Westerly line of said Section 28 North 00'02'20'' West, 681.90
feet to the Northwest corner of the South Half of the Southwest
Quarter of said Section 28; thence along the Northerly line of said
South Half of the South Half being the Southerly line and the
Westerly prolongation of said Southerly line of that land described
in Deed to Sequoia Pacific Realco, recorded May 29, 1973 as File No.
73-144748 of Official Records in the Office of the Recorder of said
San Diego County South 89'57'45" East, 1196.60 feet to the TRUE POINT OF BEGINNING; thence continuing South 89'57'45" East a
distance of 907.38 feet to a paint on the Westerly line of
Interstate Route 5, as sa-ld Route 5 was dedicated per condemnation
to the State of California, recorded July 16, 1963 as File No.
125935 of Official Records.
The Southerly llne of said strip shall terminate Easterly in said
*
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Continued :
Westerly line of Interstate Route 5.
No representation is made as to the present ownership of said
easement.
Restrictions on the use, by the owners of said land, of the easement
area as set out in the easement document.
94. The terms, covenants, conditions and provisions contained in an agreement, by and between Group VI, a a Californiclimited partnership, Sea Bluff Associates, a California joint venture, Cecil
A. Smith, a married man as his sole and separate property, Carlshad Corners Incorporated, a California corporation and R. C. Jewett Company, a California limited partnership and Poinsettia Investment Co., Inc., a California corporation recorded February 6, 1984 as File No. 84-045340 of Official Records.
95. An Unrecorded Successive Option Agreement to Purchase Real Property,
dated April 20, 1983 and amended May 29, 1984 by and between Sea
Bluff Associates, a California limited partnership, as Optionor and Batiquitos Bluff, a California limited partnership, formerly
Seabluff Partners, a California limited partnership, formerly, Sea
Bluff, Ltd., a California limited partnership, formerly Group VI, Ltd., a California limited partnership, upon and subject to all the terms, covenants and conditions therein contained, ass disclosed by instruments and information in possession of this company and as
disclosed by instruments recorded August 29, 1983 as File No.
83-304695 and recorded February 6, 1984 as File No. 84-045340, both
of Official Records.
Affects Lot 1.
96. The Parcel Map referred to in the legal description herein contains
various restrictions in improving or developing the property herein
described. Reference is made to said Parcel Map for further
particulars.
97. NOTE: A Certificate of Compliance affecting the herein described property was recorded September 20, 1985 as File No. 85-348463 of . Off i cia1 Records.
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Continued :
98. Payment of a Public Facilities Fee Agreement, on.the terms and
86-308960 of Official Records. conditions contained therein, recorded July 24, 1986 as File No,
Dated : July 9, 1986 Ex e c ut ed by : Sammis Properties, a corporation
and: The City of Carlsbad, a municipal corporation
99. Payment of Fees for Facilities and Improvements as RPquired by Growth Management System Agreement, on the terms and condit,ions contained therein, recorded August 25, 1986 as File No. 86-367068 of Offici a1 Records.
Dated: July 25, 1986
Ex e c u t ed by : The City of Carlsbad, a municipal corporation
and: Sammis Properties, a California corporation
100 Covenants, conditions and restrictions as disclosed by deed
restrictions executed by the California Coastal Commission recorded September 5, 1986 as File No. 86-389462 of Official Records.
10 1 Covenants, conditions and restrictions as disclosed by deed
restrictions executed by the California Coastal Commission recorded September 11, 1986 as File No. 86-399394 of Official Records.
102 An easement for underground facilities and appurtenances for the transmission and distribution of electricity, communication facilities and appurtenances, together with the right of ingress and egress and incidental purposes as granted in deed recorded February
25, 1987 as File No. 87-099127 of Official Records, in favor of San Diego Gas & Electric Company, a corporation.
Said easement affects a strip of land, including all of the area lying between the exterior sidelines, which sidelines shall be 3 feet measured at right angles, on each exterior side of each and every facility installed.
No representation is made as to the present ownership of said . easement.
Restrictions on the use, by the owners of said land,.of the easement area as set out in the easement document.
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Continued :
The location thereof is not set forth in said Deed.
103 A claim of lien recorded February 9, 1990 as File No. 90-074894 of Official Records,
Amount claimed: $28,262.40
By: Western Image Painting, Inc.
Plats enclosed
NA: mtc.
YOUR REQUEST AND MERELY FOR CONVENIENCE. THE
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Continued :
of the County Road Survey No. 148; thence South 50"37' East 1341.85
feet.
No representation is made as to the present ownership of said
easement,
Restrictions on the use, by the owners of said land, of the easement
area as set out in the easement document.
34. An easement for 10 feet in width, to construct, place, operate,
inspect, maintain, repair, replace and remove such aerial and
underground telephone, telegraph and communication structures as
granted from time to time require, consisting of poles, anchors,
wires, cables, conduits, manholes, and necessary fixtures and
appurtenances and incidental purposes as granted in deed recorded
October 21, 1956 in Book 5406, Page 172 of Official Records, in
favor of Pacific Telephone & Telegraph Company.
Said easement affects a strip of land 10 feet in width, the center line of which is described as follows:
BEGINNING at a point on the Northerly line of the South Half of the
South Half of the Southwest Quarter of Section 28, Township 12
South, Range 4 West, San Bernardino Base and Meridian, said point
being located North 89O57'30'' East, 5 feet from the Easterly right
of way line of the Atchison, Topeka and Santa Fe Railway Company;
thence South 21O08'38" East 731.90 feet to a Point o'f Termination on
the Southerly line of the South Half of the South Half of the
Southwest Quarter of Section 28, Township 12 South, Range 4 West, San Bernardino Base and Meridian, said Point of Termination being
located North 89O59'20" East, 5 feet from the Easterly right of way line of the Atchison, Topeka and Santa Fe Railway Company.
No representation is made as to the present ownership of said
easement.
Restrictions on the use, by the owners of said land, of the easement
area as set out in the easement document.
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Grantor reserves the right to use the prop.erty for all purposes not inconsistent with the rights granted the Grantee. Grantor covenants not to place or permit to be placed or maintained any buildinq inflammable materials on said easement.
Grantors grants to Grantee the right of ingress to and egress from said easement across property of Grantor, for the purpose of
exercising the easement granted; the right to clear and keep cleared from said easement such trees, brush, and other Obstructions as may
be necessary for the protection of said structures; and the right to
place markers and other devices to support or mark said construction where necessary, inside of the easement.
Grantee shall be liable to Grantor for any damage which may occur to the above described property by reason of negligence on the part of
Grantee in the exercjse of the easements granted.
Grantee shall maintain its aerial cable at a minimum height of 18
feet above the present surface of the ground.
Affects Lot 2 as shown on said Parcel Map No. 13653.
35. An easement for either or both pole lines, underground conduits and incidental purposes as granted in deed recorded December 2, 1954 in
Book 5455, Page 457 of Official Records, in favor of Pacific Telephone & Telegraph Company.
Westerly line of which is parallel with and abutting the Easterly right of way of the Atchison, Topeka and Santa Fe Railway Company’s
right of way.
Said easement affects a strip of land 10 feet in wl’dth, the
No representation is made as to the present ownership of said ea semen t .
Restrictions on the use, by the owners of said land, of the easement
area as set out in the easement document.
36. An easement and right of way 20 feet in width in, upon, over, under, and across the lands hereinafter described, to erect, construct, reconstruct, replace, repair, maintain and use a pipeline or - pipelines for any and all purposes, as granted to Carlsbad Municipal Water District by Deed recorded November 6, 1958 in Book 7338, Page 303 of Official Records.
Affecting a 20.00 foot strip of Parcel C with other property.
Grantor and their successors in Estate shall not erect or construct, or permit to be erected or constructed, any building or other
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structure, plant any tree or trees, or drill any well or wells,
within the limits of said right of way.
Grantee shall have the right to erect, maintain and use gates in all fences which now cross or shall hereafter cross said route or routes, and to trim and cut and clear away any trees and brush whenever in its judgment the same shall be necessary for the
convenient and save exercise of the rights hereby granted, the rights to transfer and assign this easement in whole or in part being hereby granted to the Grantee.
Grantor agrees that no other easement or easements shall he granted on, under or over strip of land by Grantor, without the previously
written consent to Grantee.
It is also understood and agreed by the parties hereto that the Grantor and their successors or assigns, shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the above described right of way, existing at the time this document is executed, without the previous written consent of the Grantee.
Affects Lot 2 of said Parcel Map No. 13653.
37. An easement for installation, construction, maintenance, repair,
replacement, reconstruction and inspection of a drainage channel and incidental purposes as granted in deed recorded May 3, 1974 as File
No. 74-115351 of Official Records, in favor of San Diego County Flood Control District.
Said easement affects a strip of land 15 feet wide, lying 7.5 feet on either side of the following described centerline:
COMMENCING at the Southwest corner of said Section 28; thence along the Westerly line of said Section 28, North 00°02'20'' West, 681.90 feet to the corner of the South half of the South Half of the
Southwest Quarter of said Section 28; thence along the Northerly
line of said South Half of the South Half being the Southerly line
and the Westerly prolongation of said Southerly line of that land described in deed to Sequoia Pacific Realco, recorded May 29, 1973
as File No. 73-144748 of Official Records in the Office of the
Recorder of said County, South 89'57'45'' East, 1196.60 feet to the TRUE POINT OF BEGINNING, said point being on a curve, concave to the
North 77O27'55" East; thence Southerly along said curve an arc
distance of 27.30 feet; thence tangent to said curve South 24O31'22" East a distance of 713.21 feet to the beginning of a. tangent curve,
concave to the West, having a radius of 130.00 feet; thence Southerly along said curve an arc distance of 6.62 feet to a point
in the South line of that land described in deed to Poinsetta Properties Ltd., recorded December 31, 1971 as File No. 307616 of
- East, having a radius of 130.00 feet, the center of which bears
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Continued :
Official Records.
The sidelines of said strip shall be prolonged or shortened so as to terminate in the Northerly and Southerly lines of said Poinsetta Properties Ltd. land.
No representation is made as to the present ownership of said
ea semen t .
Restrictions on the use, by the owners of said land, of the easement area as set out in the easement document.
Affects Lot 2 as shown on Parcel Map No. 13653.
38. An easement for ingress and egress on, across, and along the herein
described real property for personnel and equipment and incidental purposes as granted in deed recorded May 3, 1974 as File No.
74-115353 of Official Records, in favor of San Diego County Flood
Control District.
Said easement affects a strip of land 12-00 feet in width lying Southerly of and contiguous with the following described center line:
COMMENCING at the Southwest corner of said Section 28; thence along
the Westerly line of said Section 28 North 00°02'20" West, 681.90
feet to the Northwest corner of the South Half of the Southwest
Quarter of said Section 28; thence along the Northerly line of said
South Half of the South Half being the Southerly line and the
Westerly prolongation of said Southerly line of that land described
in deed to Sequoia Pacific Realco, recorded May 29, 1973 as File No.
73-144748 of Official Records in the Office of the Recorder of said
County, South 89O57'45" East, 1196.60 feet to the TRUE POINT OF
BEGINNING; thence continuing South 89O57'45" East a distance of
907.38 feet to a point on the Westerly line of Interstate Route 5,
as said Route 5 was dedicated per condemnation to the State of
California, recorded July 16, 1963 as File No. 125935 of Official
Records.
The Southerly line of said strip shall terminate Easterly in said
Westerly 1 ine of Interstate Route 5.
- No representation is made as to the present ownership of said
easement.
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Continued :
Restrictions on the use, by the owners of said land, of the easement
area as set out in the easement document.
Affects Lot 5 of said Parcel Map No. 13653.
39. An easement for ingress and egress, for personnel and equipment and incidental p.urposes as granted in deed recorded May 3, 1974 as File
No. 74-115354 of Official Records, in favor of San Diego County
Flood Control District Zone 1.
Said easement affects as follows:
COMMENCING at the Southwest corner of said Section 28; thpnce along
the Westerly line of said Section 28, North OOo02'20" West 681.90
feet to the Northwest corner of the South Half of the South Half of
the Southwest Quarter of said Section 28; thence along the Northerly
line of said South Half of the South Half being the Southerly line
and the Westerly prolongation of said Southerly line of that land
described in deed to Sequoia Pacific Realco, recorded May 29, 1973
as File No. 73-144749 of Official Records, in the office of the
Recorder of said County, South 89'57'45" East 1196.60 feet to a
the center of which bears North 77"27'55" East, thence Southerly
along said curve an arc distance of 27.20 feet; thence tangent to
said curve South 24O31'22", East a distance of 713.21 feet to a
tangent curve concave to the West, having a radius of 130.00 feet;
thence Southerly along said curve an arc distnace of 6.62 feet to a
point in the South line of that land described in deed to Poinsetta
Properties Ltd., recorded December 31, 1971 as File No. 307616 of
Official Records; thence continuing Southerly along said curve an
arc distance of 18.02 feet; thence South 13O39'52" West a distance
of 1,033.77 feet; thence South 76O20'08" West a distance of 7.50
feet to the TRUE POINT OF BEGINNING; thence continuing South
76'20'08'' West a distance of 55.00 feet; thence South 13O39'52" East
a distance of 300.00 feet; thence North 76O20'08'' East, a distance
of 55.00 feet; thence North 13°39'52'' West a distance of 300.00 feet
to the TRUE POINT OF BEGINNING.
point on a curve concave to the East having a radius of 130.00 feet
No representation is made as to the present ownership of said easement.
- Restrictions on the use, by the owners of said land, of the easement
area as set out in the easement document.
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Continued :
Affects Lot 4 of said Parcel Map-No. 13653. -
40. Public Facilities Fee Agreement, on the terms and conditions contained therein, recorded June 24, 1982 as File No, 82-134840 of Offi cia1 Records.
Dated : June 1, 1982 Executed by : Seabluff Associates
and: The City of Carlsbad, a municipal corporation
Reference is made to said instrument for further particulars.
41. Public Facilities Fee Agreement, on the terms and conditions
contained therein, recorded February 24, 1983 as File No. 83-058942
of Official Records.
Dated: .December 8, 1982
Executed by: Sea Bluff Associates
and : The City of Carlsbad, a municipal corporation
Reference is made to said instrument for further particulars.
42. The terms, covenants, conditions and provisions contained in an
agreement, by and between Group VI, a a California limited partnership, Seabluff Associates, a California joint venture, Cecil
A, Smith, a married man as his sole and separate property, Carlsbad
Corners Incorporated, a California corporation and R. C. Jewett Company, a a California limited partnership and Poinsettia Investment Inc., a California corporation recorded February 6, 1984 as File No. 84-045340 of Official Records.
Reference is made to said instrument for further particulars.
43. The Parcel Map referred to in the legal description herein contains various restrictions in improving or developing the property herein
described. Reference is made to said Parcel Map for further
* particulars.
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Continued :
44. An easemenf. for drainage and incidental purposes as-granted in deed recorded July 16, 1986 as File No. 86-294229 of Official Records, in favor of The City of Carlsbad.
Said easement affects a strip of land 20 feet in width across a portion of Lot 2 of Parcel Map No. 13653, in the City of Carlsbad,
CUUnty Uf Sdn Diego, State of California, filed in the Office of the County Recorder of San Diego County, January 31, 1985, the center line of which is described as follows:
BEGINNING at the Northeast corner of Lot 1 of Parcel Map No. 13653, being a point on the Westerly boundary of the right-of-way of Interstate Route 5; thence North 89O57'36" West 102.26 feet to the
intersection of the Westerly line of Avenida Encinas as proposed for
property line of said Lot 2; thence Southerly along the said
Westerly line of Avenida Encinas South 24O31'56" East 1.71 feet to the beginning of a tangent 290.22 foot radius curve concave
Westerly; thence Southerly along the arc of said 290.22 foot radius curve 164.82 feet through a central angle of 32O32'22'' to the beginning of a 252.00 foot radius curve concave Westerly, a radial line through this point bears North 01°59'34" West; thence Southerly along the arc of said 252.00 foot radius curve 131.65 feet through a central angle of 29O55'54"; thence tangent to said 252.00 foot radius curve South 37O56'20" West 28.55 feet to the beginning of a tangent 20.00 foot radius curve concave Northerly; thence Westerly along the arc of said 20.00 foot radius curve 29.70 feet through a central angle of 85O04'51"; thence South 33°01t11" West 17.00 feet
to the TRUE POINT OF BEGINNING, said TRUE POINT OF SEGINNING being the beginning of a 756.00 foot radius curve concave Southerly; thence Westerly along the arc of said 756.00 foot radius curve 365.00 feet through a central angle of 27O39'46".
A strip of land 15 feet in width across a portion of Lot 5 of Parcel Map No. 13653, in the City of Carlsbad, County of San Diego, State
of California, filed in the Office of the County Recorder of San
Diego County, January 31, 1985, more particularly described as fol1 ows :
BEGINNING at the Southwest corner of Lot 3 of said Parcel Map No. 13653, being a point on the Easterly boundary line of the right-of-way of the Atchison, Topeka and Santa Fe Railroad Company (Coast line) and the beginning of a 11,559.20 foot radius curve concave Westerly; thence Northerly along the arc of said curve
* 234.59 feet through a central angle of 1°09'46"; thence leaving said Easterly boundary 1 ine North 47O20' 10" East 132.33 feet; thence
South 87°12'01" East 492.90 feet; thence North 9'55'22" West 479.30
feet; thence North 3O52'21" East 298.82 feet along the Easterly linr of said Lot 4 to the TRUE POINT OF BEGINNING; thence North 33O44'11' West 138.10 feet to a point on the future Southerly right-of-way
radial curve concave Northerly; thence Easterly along the arc of
Carlsbad Tract No. 85-14 Phase 1 subdivision and the Northerly
line for Windrose Circle, said Southerly line being a 773,OO foot
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Continued :
1 said 773.00 foot radius curve 16.17 feet through a central angle of 1'11'54"; thence leaving said Southerly right-of-way 1 ine South 33'44'11" East 112.61 feet to a point on the Easterly line of said Lot 4; thence South 3°52'21" West 24.58 feet to the TRUE POINT OF BEGINNING.
No representation is made as to the present ownership of said
easement.
Restrictions on the use, by the owners of said land, of the easement area as set out in the easement document.
45. Public Facilities Fee Agreement, on the terms and conditions contained therein, recorded July 24, 1986 as File No. 86-308960 of Official Records.
Dated: July 9, 1986 Ex e c u t ed by : Sammis Properties, a corporation and: The City of Carlsbad
Reference is made to said instrument for further particulars.
46. Payment of Fees for Facilities and Improvements as r,equired by
contained therein, recorded August 25, 1986 as File No. 86-367668 of
Official Records.
Growth Management System Agreement, on the terms and conditions
Dated: July 25, 1986
Ex e c u ted by : and: Sammis Properties, a California corporation The City of Carlsbad
Reference is made to said instrument for further particulars.
47. The terms, conditions and provisions contained in Coastal
Development Permit No. 6-85-482, as disclosed by instrument recorded
September 5, 1986 as File No. 86-389462 of Official Records.
Covenants, conditions and restrictions, omitting restrictions herein 48.
if any, based on race, color, religion or national origin, as contained in a document recorded September 11, 1986 as File No.
86-399394 of Official Records.
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49. . An easement for el'ther or both po-le lines, underground conduits
together with the right of ingress and egress and incidental purposes as granted in deed recorded February 25, 1987 as File No. 87-099127 of Official Records, in favor of San Diego Gas R Electric
Company.
Said easement affects Lot 2 as shown on Parcel Map No, 13653.
EXCEPTING THEREFROM Carlsbad Tract No. 85-14 Phase 1, Batiquitos Lagoon Educational Park, according to Map thereof No. 11616, filed
in the Office of the County Recorder of San Diego County, September 12, 1986.
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 feet measured at right angles on each
exterior side of each and every facility installed, the approximate location being shown on Exhibit "A" attached thereto and made a part hereof.
No representation is made as to the present ownership of said
easement.
Restrictions on the use, by the owners of said land, of the easement area as set out in the easement document.
The location thereof is not set forth in said Deed.
50. A Deed of Trust to secure an indebtedness of $30,000,000.00, and any
other amounts payable under the terms thereof, recorded November 6,
1990, as File No. 90-607342 of Official Records.
Dated: November 5, 1990. Trustor: Kaiza Poinsettia Corporation, a California
Trustee: First American Title Insurance Company, a California
Beneficiary: The Hyogo Bank, Ltd., New York Branch.
corporation.
corporation.
. Said matter affects this and other property.
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e e.
Our No. 8502409-86 Continued :
51. A Fixture Filing securing an indebtedness of $(none shown) recorded .
November 8, 1990 as File No. 90-607343 of Official Records.
Debtor:
Creditor: The Hyogo Bank, Ltd., New York Branch
Kai za Poinsettia Corporati on
Affecting goods described therein.
52. Existing 15 foot sewer as disclosed on Map 11616 and by physical
inspection of said property.
THE FOLLOWING ITEMS AFFECT PARCEL D:.
53. Construction and Use of Desiltation and Retention Basin and Traffic
Improvements Agreement, on the terms and conditions contained
therein, recorded February 6, 1984 as File No. 84-045340 of Official Records.
Dated: October 7, 1983 Executed by: Group VI, a California limited partnership, Seabluff Associates, a California joint venture, Cecil A. Smith, a married man as his sole and separate property, Calrsbad Cornaers Incorporated, a California corporation and R.C. Jewett Company, a California general partnership
corporation
and: Poinsettia Investment Co., Inc., a California
Reference is made to said instrument for further particulars.
54. Tentative Map No. 85-14 and the Restoration of Lagoon and Wetland Areas Agreement, on the terms and conditions contained therein, recorded July 24, 1986 as File No. 86-308762 of Official Records.
Dated: July 9, 1986 Executed by: The City of Carlsbad, a municipal corporation and: Sumrnis Properties, a California corporation
--- Continued On Next Page ---
0. e
Our No. 8502409-86
Continued :
Reference is made to said instrument- for further particulars.
55. Public Facilities-Fee Agreement, on the terms and conditions contajned therein, recorded July 24, 1986 as File NO. 86-308960 of
Offici a1 Records.
Dated: July 9, 1986
Executed by: Sammis Properties, a corporation
and: The City of Carlsbad, a municipal corporation
Reference is made to said instrument for further particulars.
56. Payment of Fees for Facilities and Improvements as Required by
contained therein, recorded August 25, 1986 as File No. 86-367068 of
Off iclal Records.
Growth Management System Agreement, on the terms and conditions
Dated: July 15, 1986
Executed by: and: Sammis Properties, a California corporation The City of Carlsbad
Reference is made to said instrument for further par$iculars.
57. The terms, conditions and provisions contained in Coastal
Development Permit No. 6-85-482, as disclosed by instrument recorded
September 5, 1986 as File No. 86-369392 of Official Records .
58. Covenants, conditions and restrictions, omitting restrictions herein, if any, based on race, color, religion or national origin, as
contained in a document recorded September 11, 1986 as File No.
86-399394 of Official Records.
59. An easement for a 52.00 foot wide public utility, access and
incidental purposes, as shown or as offered for dedication on the
map of said Tract.
Said easement affects: Lot 79 as shown on the Map.
No representatlon is made as to the present ownershlip of said
easement.
--- Continued On Next Page ---
e, I)
Our No. 8502409-86
Continued :
60'. An easement for underground facilities and appurtenances for the transmission and distribution of electricity, pipelines and
appurtenances for any and all purposes, communication facilities and
the right of ingress and egress and incidental purposes as granted in deed recorded February 25, 1987 as File No. 87-099126 of Official
Records, in favor of San Diego Gas & Electric Company, a corporation.
Said easement affects as follows:
PARCEL A:
That portion of said Lot 1 shown and delineated as "Public Utility &
Access Easement dedicated hereon" more commonly known as "Navigator
Circle" and Navigator Court" (Lot l), (Private) on said Map No. 11616.
PARCEL 0:
That portion of said Lots 17, 26, 31, 38, 44, 48, 67, 71, 74 and 79
lying between the exterior boundary of said Parcel A and the
boundary shown and delineated as "Limit of Public Utility and Access
Easement" on said Map No. 11616.
No representation is made as to the present ownership of said ea s erne n t .
Restrictions on the use, by the owners of said land,.of the easement area as set out in the easement document,
61. Public Facilities Fee Agreement, on the terms and conditions
contained therein, recorded August 5, 1988 as File No. 88-385170 of
Official Records.
Dated : (not shown)
Executed by : Batiquitos Bluff, a a California,limited
partnership
and: The City of Carlsbad, a municipal corporation
Reference is made to said instrument for further particulars.
--- Continued On Next Page ---
,m w.
Our No. 8502409-86
Continued :
62. . An easement for construct and maintain, place, operate, inspect, -_
repair, replace and remove underground communication facilities including ingress thereto and egress therefrom and incidental
purposes as grante-d in deed recorded October 28, 1988 as File No.
California corporation. 88-552855 of Official Records, in favor of Pacific Bell, a
Said easement affects that portion of said Lots 1 to 79 inclusive designated and delineated on said Map as "CL 53' Public Utility & Access Easement dedicated hereon." Affects those portions of said Lot 1 also designated and delineated on said Map as "Navigate Circle (Private)" and "Navigator Court (Private)".
No representation is made as to the present ownership of said easement.
Restrictions on the use, by the owners of said land, of the easement area as set out in the easement document.
63. NOTE: A Certificate of Compliance affecting the herein described property was recorded March 15, 1989 as File No. 89-132850 of Offici a1 Records.
64. NOTE: A Certificate of Compliance affecting the herein described property was recorded October 17, 1989 as File No. 89-561703 of
Official Records.
65. A Deed of Trust to secure an indebtedness of $30,000,000.00, and any other amounts payable under the terms thereof, recorded November 8,
1990, as File No. 90-607342 of Official Records.
Dated: November 5, 1990. Trustor: Kaiza Poinsettia Corporation, a California
Trustee: First American Title Insurance Company, a California
Beneficiary: The Hyogo Bank, Ltd., New York Branch.
corpora ti on.
corporation -
* Said matter affects this and other property.
--- Continued On Next Page ---
I e. *.
Our No. 8502409-86
Continued :
66. A Fixture' Fi 1 i ng securi ng an indebtedness of $(none- shown) recorded
November 8, 1990 as File No. 90-607343 of Official Records.
Debtor : Kaiza Poinsettia Corporation
Creditor: The Hyogo Bank, Ltd., New York Branch
Affecting goods described therein.
THE FOLLOWING ITEMS AFFECT PARCEL E:.
67. An easement for either or both pole lines, underground conduits
together with the right of ingress and egress and incidental
145 of Deeds, in favor of San Diego Gas & Electric Company.
purposes as granted in deed recorded May 17, 1918 in Book 760, Page
Said easement affects Lot 80 as shown and delineated on said Map
No. 11616.
No representation is made as to the present ownership of said
easement.
Restrictions on the use, by the owners of said land, of the easement
area as set out in the easement document.
68. An easement for 20 feet in width, to erect, construct, reconstruct,
replace, repair, maintain and use a pipeline or pipelines for any
and all purposes and incidental purposes as granted in deed recorded
November 6, 1958 in Book 7338, Page 303 of Official Records, in
favor of Carlsbad Municipal Water District,
Said easement affects located within a 20.00 foot strip within Lot
80 as shown and delineated on said Map No. 11616.
No representation is made as to the present ownership of said
easement.
69. An easement for drainage channel and incidental purposes as granted
in deed recorded May 3, 1974 as File No. 74-115350 of Official
Records, in favor of San Diego County Flood Control District Zone 1.
Said easement affects Lot 80 as shown and delineated on said Map
No. 11616.
No representation is made as to the present ownership of said
ea semen t .
--- Continued On Next Page ---
0. *.
Our No. 8502409-86 Continued :
8
Restrictions on the use, by the owners of said land, of the easement
area as set out in the easement document.
70. Construction and Use of Desiltation and Retention Basin and Traffic Improvements Agreement, on the terms and conditions contained therein, recorded February 6, 1984 as File No. 84-045310 of Official Records.
Dated: October 7, 1983 Executed by : Group VI, a California limited partnership;
Seabluff Associates, a California joint venture; Cecil A. Smith, a Corners Incorporated, a California corporation; B. C. Jewett Company, a California general partnership
corporation and: Poinsettia Investment Co., Inc., a California
Reference is made to said instrument for further particulars.
71. Publlc Facilities Fee Agreement, on the terms and conditions contained therein, recorded July 24, 1986 as File No. 86-308960 of Official Records.
Dated: July 9, 1986
Ex e c ut ed by : and: The City of Carlsbad, a California corporation Sarnmis Properties, a corporation
Reference is made to said instrument for further particulars.
72. Payment of Fees for Facilities and Improvements as Required by Growth Management System Agreement, on the terms and conditions
contained therein, recorded July 24, 1986 as File No. 86-308961 of
Official Records.
Dated: July 9, 1986
Ex e c u t ed by : The City of Carlsbad, a municipal corporation
and: Sammis Properties, a corporation
--- Continued On Next Page ---
i B
w. e.
Our No. 8502409-86
Continued :
Reference is made to said instrument-fer further particulars.
73. The Payment of Fees for Facilities and Improvements as Required by
contained therein, recorded August 25, 1986 as File No. 86-367068 of
Offici a1 Records.
Growth Management System Agreement, on the terms and conditions
Dated: July 25, 1986
Executed by:
and: Sammis Properties, a California corporation
The City of Carlsbad
Reference is made to said instrument for further particulars.
74. The terms, conditions and provisions contained in Planned
Residential Development Permit No. 6-85-482, as disclosed by
instrument recorded September 5, 1986 as File No. 86-389462 of
Official Records .
75. Covenants, conditions and restrictions, omitting restrictions herein,
if any, based on race, color, religion or national origin, as
contained in a document recorded September 11, 1986 as File No.
86-399394 of Official Records.
76. A 15.00 foot wide sewer easement as shown and delineated on said Map No. 11616 and granted to the City of Carlsbad thereon.
77. A sewer easement as shown and delineated on said Map No. 11616 and
granted to the City of Carlsbad thereon.
78. A 15.00 foot wide drainage easement as shown and delineated on said
Map No. 11616 and granted to the City of Carlsbad thereon.
79. A 26.00 foot wide public utility and access easement as shown and
delineated on said Map No. 11616 and granted to the City of Carlsbad
thereon.
--- Continued On Next Page ---
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-
WORLD TITLE COMPANY 1455 FRAZEE ROAD, SUITE 408
SAN DIEGO, CALIFORNIA 92108
(619) 260-0015 (800) 325-3467
KAIZA POINSETTIA CORPORATION
7220 AVENIDA ENCINAS, SUITE 200
CARLSBAD, CALIFORNIA 92009
Attention: KATARO MIYOSHI Your No. :
Our No.: 8502409-86
Dated as of March 29, 1991 at 7:30 A.M.
WORLD 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, insurins
against loss which may be sustained by reason of any defect, lien or en-
cumbrance 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 FOI
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:
1. California Land Title Association Standard Coverage Policy [I 2. American Land Title Association Owner's Policy Form B [I
4:American Land Title Association Loan Policy [J 3. American Land Title Association Residential Title Insurance Policy []
KEN BROWN, Title Officer
(m, . m,
Our No. 8502409-86
SCHEDULE A
The estate or interest in the land described or referred to in this
schedule covered by this report is:
A FEE.
Title to said estate or interest at the date hereof is vested in:
KAIZA POINSETTIA CORPORATION, a California corporation, as to Parcels
A thru E, inclusive; and SEA BLUFF ASSOCIATES, a California
partnership, as to Parcel F.
The land referred to in this report is situated in the State of California,
County of San Diego, and is described as follows:
See Exhibit "A" attached hereto and made a part hereof.
7 c L
i Y e
b p ,' * 4. i \NTc WORLD TITLE COMPANY
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
SCHEDULE B
EXCEPTIONS FROM COVERAGE
PART I
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1988
This policy does not insure against loss or damage land the Company will not pay costs, attorneys' fees or expenses1 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 t
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 i
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 landor which may be i
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, andwhich are not sI
public records.
5. (a1 Unpatented mining claims; [bl reservations or exceptions in patents or in Acts authorizing the issuance thereof;[cl water rights, claims ortitle to water,
not the matters excepted under [a), [bl or lcl are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and thecompany will not pay loss or darnage,costs, attorneys' feesor expenses
by reason of:
1. [a) Any law, ordinance or governmental regulation [including but not limited to building or zoning laws, ordinances, or regulations1 restricting, regulating, pr
relating to [i) the occupancy, use. or enjoyment of the land; [iil the character, dimensions or location of any improvement now or hereafter erectedon tl
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 [ivl environmental protec
effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or anotice
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
[bl Any governmental police power not excluded by La1 above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or en 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 coveragi
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:
[a1 whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (bl 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 theCorr 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;
Id) attaching or created subsequent to Date of Policy; or [el resulting in loss or damage which would not have beensustained if the insured claimant had paidvaluefortheinsured mortgage orfortheestateorinter
4. Unenforceability of the lien of the insured mortgage because of the inability or failureof the insured at Date of Policy, or the inability or failureof any subsequt
the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage i upon usury or any consumer credit protection or truth in lending law.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6-1-871 AMENDED 10-21 -8
by this policy.
and
EXCLUSIONS FROM COVERAGE
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (6-1-871 AMENDED 10-
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
by reason of:
1. [a1 Any law, ordinance or governmental regulation [including but not limited to building and zoning laws, ordinances, or regulations1 restricting, regulating, pr relating to [il the occupancy, use, or enjoyment of the land; (iil the character, dimensions or location of any improvement now or hereafter erected on tt
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 [ivl environmental protec
effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or anotice
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
[bl Any governmental police power not excluded by [a1 above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or en
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 coveragc
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:
(a1 created, suffered, assumed or agreed to by the insured claimant;
[bl 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 theCor
insured claimant prior to the date the insured claimant became an insured under this policy;
[cl resulting in no loss or damage to the insured claimant;
Id1 attaching or created subsequent to Date of Policy; or le1 resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1 -8'
EXCLUSIONS
In addition to the Exceptions in Schedule 6. you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and al:
regulations concerning: land use land division
8 improvements on the land environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does I
zoning coverage described in Items 12 andl3 of Covered Title Risks.
[List of Printed Exceptions and Exclusions Continued on Reverse Sidel
WTC 131 REV 9 88
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Our No. 8502409-86
EXHIBIT "A"
1 -/ PARCEL A: 216-140-17 & 18
Lots 1 and 2 of CARLSBAD TRACT 82-18 (BATIQUITOS POINTE), in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1129O,-filed in the Office of the County Recorder of San Diego County, July 16, 1985.
EXCEPTING THEREFROM any portion which is or was ever tidelands below the elevation of natural, ordinary high tide.
PARCEL B: 216-140-31
That portion of Lot 1 of Parcel Map No. 13653, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, January 31, 1985 as File No. 85-033316 of Official Records.
BEGINNING at the most Easterly corner of said Lot 1; thence along the Easterly line thereof North 1°36'13" West 344.61 feet to the TRUE POINT OF BEGINNING; thence Southerly along the Easterly line of said Lot 1, South 1°36'13" East, 241.75 feet; thence leaving said Easterly line North 76°00'01'i West, 150.85 feet; thence South 19'47'34" West, 30.15 feet; thence South 65O38'13" West, 89.60 feet to a point on a 326.00 foot radius curve, concave Southwesterly, the center of which bears South 6S015'48" West; thence Northwesterly along said curve 46.99 feet thiough a central angle of 8O15'34" to a point of compound curve on a 826.00 foot radius curve, concave Southwesterly, the center of which bears South 57OOO' 14" West; thence Northwesterly along said curve 255.91 feet through a central angle of 17'45'06"; thence North 16'42'22" East, 370.32 feet; thence North 64°12'22" East, 149.00 feet to a point on the Northeasterly line of said Lot 1; thence Southerly along said line South 25O47'38" East, 422.00 feet to the TRUE POINT OF BEGINNING.
PARCEL C: 216-140-25, 29, 32 & 33
Those portions of Lots 1, 2, 3 and 4 TOGETHER WITH those portions of the streets adjoining said lots, shown as Avenida Encinas, all as shown on
Parcel Map No. 13653, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, January 31, 1985 as File No. 85-033316 of Official Records lying Northerly of the Northerly lines and Westerly of the Westerly lines of CARCSBAD TRACT NO. 85.14, Phase I (Batiquitos Lagoon Educational Park), in
the City of Carlsbad, County of San Diego, State of California, according
to Map thereof No. 11616, filed in the Office of the County Recorder of San Diego County, September 12, 1986.
EXCEPTING THEREFROM that portion conveyed to the City of Carlsbad, by deed
J
,
J //
recorded in the Office of the County Recorder of San Diego County, July
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Our No. 8502409-86
Continued :
16, 1986 as File No. 86-294230 of Official Records.
PARCEL 0: 216-420-82
Lot 79 of CARLSBAD TRACT 85-14 Phase 1, (Batiquitos Lagoon Educational
Park), in the City of Carlsbad, County of San Diego, State of California,
per Map No. 11616, filed in the Office of the Recorder in the County of
San Diego, State of California on September 12, 1986, EXCEPTING THEREFROM
the following described real property:
BEGINNING at the most Northerly corner of said Lot 46 of wid Map No.
11616, said corner being a point on the Southerly line of Lot 79; thence
South 37°10'20'' West a distance of 44.95 feet; thence North 25"41'07'' West
a distance of 4.38 feet; thence North 42O21'43'' East a distance of 43.13
feet to the Point of Beginning.
/ PARCEL E: 216-140-27
Lot 80 of Carlsbad Tract No. 85-14, Phase 1 (Batiquitos Lagoon Educational
Park), in the City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 11616, filed in the Office of the County
Recorder of San Diego County, September 12, 1986.
PARCEL F: 216-140-30
Those portions of Lots 1 and 2 and the street between said lots as shown
on Parcel Map No. 13653 in the City of Carlsbad, County of San Diego,
State of California, filed in the Office of the County Recorder of San
Dfego County, January 31, 1985 as File No. 85-033316 of Official Records, ,
lying Easterly of the Easterly and Northeasterly line of Carlsbad Tract 85-14 Phase I, Batiquitos Lagoon Educational Park, in the City of
Carlsbad, County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego County, September 12, 1986.
EXCEPTING THEREFROM that portion described as follows:
BEGINNING at the most Easterly corner of said Lot 1; thence along the
Easterly line thereof North lO36'13'' West 344.61 feet to the TRUE POINT OF
BEGINNING; thence Southerly along the Easterly line of said Lot 1, South 1'36'13" East, 241.75 feet; thence leaving said Easterly line North
76°00'01'' West, 150.85 feet; thence South 19O47'34'' West, 30.15 feet;
thence South 65O38'13'' West, 89.60 feet to a point on a 326.00 foot radius
curve, concave Southwesterly, the center of which bears South 65"15'48"
West; thence Northwesterly along said curve 46.99 feet through a central arrgle of 8O15'34" to a point of compound curve on a 826.00 foot radius
curve, concave Southwesterly, the center of which bears South 57°00'14''
West; thence Northwesterly along said curve 255.91 feet through a central angle of 17O45'06"; thence North 16O42'22" East, 370.32 feet; thence North 64'12'22'' East, 149.00 feet to a point on the Northeasterly line of said
Lot 1; thence Southerly along said line South 25O47'38" East, 422.00 feet
to the TRUE POINT OF BEGINNING.
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Our No. 8502409-86
SCHEDULE B
At the date hereof Exceptions to coverage in addition to the printed
exceptions and exclusions contained in said policy form would be as f 01 1 ows :
1. Second installment general and special County and City taxes for the
fiscal year 1990-1991, in the amount of $9,470.53.
Exemption: $0. GO
Code Number: 09121
Parcel Number: 216-140-17-00
la. Second installment general and special County and City taxes for the fiscal year 1990-1991, in the amount of $24,410.55.
Exempt i on : $0.00
Code Number: 09121
Parcel Number: 216-140-18-00
lb. Second installment general and special County and City taxes for the
fiscal year 1990-1991, in the amount of $10,375.07.
Exemption: $0.00
Code Number: 09108
Parcel Number: 216-140-25-00
IC. Second installment general and special County and City taxes for the fiscal year 1990-1991, in the amount of $22,654.39.
Exemption: $0.00
Code Number: 09108
Parcel Number: 216-140-27-00
Id. Second installment general and special County and City taxes for the
fiscal year 1990-1991, in the amount of $151.88.
Exemption: $0.00
Code Number: 09108
Parcel Number: 216-140-29-00
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Our No. 8502409-86 Continued :
le. Second installment general and special County and City taxes for the fiscal year 1990-1991, in the amount of $13,240.11.
Exemption: $0.00
Code Number: 09108 Parcel Number: 216-140-3 1-00
If. Second installment general and special County and City taxes for the fiscal year 1990-1991, in the amount of $28,773.71.
Exemption: $0.00
Code Number: 09108
Parcel Number: 216-140-32-00
lg. Second installment general and special County and City taxes for the fiscal year 1990-1991, in the amount of $2,258.54.
Exemption: $0.00
Code Number: 09108
Parcel Number: 216-140-33-00
lh. Second installment general and special County and City taxes for the fiscal year 1990-1991, in the amount of $6,217.13. '
Exemption: $0.00 Code Number: 09108 Parcel Number: 216-420-79-00
li. The lien of supplemental or escaped assessments, if any, pursuant to the provisions of Part 5, Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, all of the Revenup and Taxation Code of the State of California.
THE FOLLOWING ITEMS AFFECT PARCEL A:.
2. Any adverse claim based upon the assertion that some portion of said land is tide or submerged land, or is land that has been created by artificial means, or is land that has accreted to such portions so created.
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Our No. 8502409-86 Continued :
3. An easement for either of both pole lines, underground conduits and incidental purposes as granted in deed recorded January 17, 1917 in
Book 722, Page 116 of Deeds, in favor of San Diego Consolidated Gas and Electric Company.
said Map No. 11290.
No representation is made as to the present ownership of said
Said easement affects Lots 1 and 2 as designated and delineated on
easement.
Said instrument further recites: "It is understood by the parties hereto that the Grantee may place, erect and maintain on the lands
of the Grantor adjacent to the above described right of way such
anchorage as may be necessary to properly guy the power line erected over said right of way".
Restrictions on the use, by the owners of said land, of the easement
area as set out in the easement document.
4. An easement for either or both pole lines, underground conduits and incidental purposes as granted in deed recorded June 24, 1918 in
Book 760, Page 145 of Deeds, in favor of San Diego Gas & Electric Company.
Said easement affects Lot 1 as designated and delin'eated on said map No. 11290. ,
No representation is made as to the present ownership of said easement.
Restrictions on the use, by the owners of said land, of the easement
area as set out in the easement document.
5. An easement and right of way for telephone and telegraph lines,
system and plant, underground telephone and telegram communication structures consisting of buried cables and/or conduits, with all
necessary wires, manholes, markers and other appliances and fixtures
for telephone, telegraph and communication and incidental purposes
as condemned in favor of Southern Carlifornia Telephone Company, a
corporation by Final Order Condemnation Superior Court Case No.
103694, a certified copy of which recorded September 8, 1941 in Book
1234, Page 344 of Official Records and as conveyed by Marie H. Lamb in deed recorded December 23, 1941 in Book 1291, Page 125 of Official Records, located within Lots 1 and 2 as designated and delineated on said Map No. 11290.
-
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r m. * I, 1 m.
Our No. 8502409-86
Continued :
The interest of Southern California Lelephone Company in and to said easement has since passed to and now vests in Pacific Bell, a California corporation.
6. An easement for a 12 inch main gas line and incidental purposes as
revealed on Page 8, Area C of the Atchison, Topeka and Santa Fe
Railway Map under license issued June 13, 1933 in Box 351-C, File
No, 34570-11 in deed recorded September 18, 1947 in Book 2501, Page
147 of Official Records, in favor of Southern Counties Gas Company
of Cal ifornia.
Said easement affects a 25.00 foot strip within Lots 1 and 2 as
designated and delineated on said Map No. 11290.
No representation is made as to the present ownership of said
easement.
The interest of Southern Counties Gas Company of California in and
to said easement has since passed to and now vests in Southern
California Gas Company.
Restrictions on the use, by the owners of said land, of the easement area as set out in the easement document.
7. The fact that the ownership of said land does not in’clude any rights,
of ingress or egress to or from the freeway adjacent to said land,
said rights having been relinquished by deed to the State of
California, recorded July 23, 1954 in Book 5310, Page 473 of
Official Records.
Affects a portion of Lot 1 and all of Lot 2 of said Map No. 11290.
a. An easement and right of way for ingress, egress, road and
incidental purposes as reserved by May K. Metcalf, Frank Miles Flint
and Claire Sharp Flint, husband and wife, Jack W. Harris, Trustee of the Trust created by the last will and testament of Anna Virginia
Mecker, deceased, in instrument recorded July 6, 1955 in Book 5705,
Page 55 of Official Records, and the right of others to use said
easement as conveyed or reserved in various other instruments of
record, over, under, along and across the Northerly 40 feet of Lot 1 as designated and delineated on said Map No. 11290.
-
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Our No. 8502409-86 Contlnued ;
9. An easement for 15 foot sewer and incident21 purposes, as shown or as offered for dedication on the map of said Tract.
Said easement affects: Lot 2.
No representation is made as to the present ownership of said easement.
10. An easement for 25 foot sewer amd drainage and incidental purposes, as shown or as offered for dedication on the map of said Tract.
Said easement affects: Lot 2.
No representation is made as to the present ownership of said
easement.
11. An easement for 25 foot sewer and water and incidental purposes, as shown or as offered for dedication on the map of said Tract.
Said easement affects: Lot 2.
No representation is made as to the present ownership of said
easement.
12. An easement for 32 foot pliblic utility and access and incidental purposes, as shown or as offered for dedication on the map of said
Tract.
Said easement affects: Lot 2.
No representation is made as to the present ownership of said easement.
13. An easement for 15 foot public access and incidental purposes, as shown or as offered for dedication on the map of said Tract.
Said easement affects: Lot 2.
No representation is made as to the present ownership of said easement.
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I a. 1, * m.
Our No. 8502409-86
Continued :
14. An easement for 15 foot drainage and incidental purposes, as shown or as offered for dedication on the map of said Tract.
Said easement affects: Lot 2.
No representation is made as to the present ownership of said
easement.
15. An easement for 15 foot drainage and public access and incidental
purposes, as shown or as offered for dedication on the map of said
Tract.
Said easement affects: Lot 2.
No representation is made as to the present ownership of said
easement.
16. An easement for drainage and incidental purposes, as shown or as offered for dedication on the map of said Tract.
Said easement affects: That portion of Lot 2 lying within the open
space.
No representation is made as to the present ownership of said
easement.
17. A perpetual easement for open space in favor of City of Carlsbad, as
dedicated on the Map of said Tract which provides among other
things, that the following shall be performed only as permitted by a
Special Use Permit:
Excavation, grading or filling of said land; construction of
buildings, structures or other things whatsoever upon said land; use
of said land for other than open space and park or recreational
purposes.
Affects a portion of Lot 2.
18. Provisions of the Dedication Statement on the map of the tract
herein shown below:
Tract: Carlsbad Tract No. 82-18
Provisions: This subdivision i s a Condominium Project as
Map No.: 11290
defined in Section 1350 of the Civil Code
of the State of California, containing a
maximum of 354 dwelling units and is filed
pursuant to the provisions of the Subdivision
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Our No. 8502409-86
Continued :
Map Act.
19. The following recital contained on Map No. 11290:
This project is approved upon the express condition that building
permits will not be issued for development of the subject property
unless the City Engineer determines that sewer facilities are
available at the time of application for such sewer permits and will
continue to be available until time of occupancy.
Public Facilities Fee Agreement, on the terms and conditions 20 *
contained therein, recorded July 24, 1986 as File No. 86-308960 of
Official Records.
Dated : July 9, 1986
Ex e c u t e d by :
and: The City of Carlsbad, a California corporation
Sammis Properties
Reference is made to said instrument for further particulars.
21. A Deed of Trust to secure an indebtedness of $30,000,000.00, and any
other amounts payable under the terms thereof, recorded November 8,
1990, as File No. 90-607342 of Official Records.
Dated: November 5, 1990,
Trustor: Kaiza Poinsettia Corporation, a California
Trustee : First American Title Insurance Company, a California
Beneficiary: The Hyogo Bank, Ltd., New York Branch.
corporation.
corporation.
Said matter affects this and other property.
A Fixture Filing securing an indebtedness of $(none shown) recorded
November 8, 1990 as File No. 90-607343 of Official Records.
22 *
Debtor: Kaiza Poinsettia Corporation
Creditor: The Hyogo Bank, Ltd., New York Branch
Affecting goods described therein.
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Our No. 8502409-86 Continued :
THE FOLLOWING ITEMS AFFECT PARCEL B:. ._
23. The fact that the -ownership of said land does not include any rights
of ingress or egress to or from the freeway adjacent to said land, said rights having been relinquished by deed to the State of
Records.
California, recorded May 5, 1961 as File No, 58612 of Official
24. The terms, covenants, conditions and provisions contained in an agreement by and between Group VI, a California limited partnership, Sea Bluff Associates, a California joint venture, Cecil A. Smith, a married man as his sole and separate property, Carlsbad Corners Incorporated, a California corporation and R.C. Jewett Company, a California general partnership and Poinsettia Investment Co., Inc., a California corporation, recorded February 6, 1984 as File No. 84-045340 of Official Records.
25. The parcel map referred to in the legal description herein contains
various restrictions in improving or developing the property herein
described. Reference is made to said parcel map for further particulars.
26. A Certificate of Compliance affecting the herein described property has been recorded September 20, 1985 as File No. 85-348563 of Official Records.
27. Public Facilities Fee Agreement, on the terms and conditions
contained therein, recorded July 24, 1986 as File No. 86-308960 of
Official Records.
Dated : July 9, 1986 Executed by: Sammis Properties, a corporation and: The City of Carlsbad, a municipal corporation
Reference is made to said instrument for futher particulars.
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Our No. 8502409-86 Continued :
28. Growth Management Fee Agreement, on the *terms and conditions
contained therein, recorded August 25, 1986 as File No. 86-367068 of Official Records.
Dated: July 25, 1986
Executed by : The City of Carlsbad, California, a municipal
and: Sammis Properties, a California corporation
corporation
Reference is made to said instrument for further particulars.
29. Covenants, conditions and restrictions as disclosed by Deed
Restriction executed by the California Coastal Commission recorded September 5, 1986 as File No. 86-389462 of Official Records.
Reference is made to said instrument for further particulars.
30. Covenants, conditions and restrictions as disclosed by Deed
Restriction executed by the California Coastal Commission, recorded
September 12, 1986 as File 86-399394 of Official Records.
Reference is made to said instrument for further particulars.
31. Public Facilities Fee Agreement, on the terms and cdnditions contained therein, recorded Aprfl 14, 1988 as File No. 88-171940 of
Off i cia1 Records.
Dated: March 22, 1988
Execut~d by: Batiqiiitos Bluff, a California 1 imitori
and: The City of Carlsbad, a municipal corporation of
par-tncrshi p
the State of California
Reference is made to said instrument for further particulars.
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Com m cia1 and Industrial: e e
Determine monies necessary to make payment on
bond debt service, replenish reserve, call bonds, pay
bonds and Community Facilities District No. 1 COMMUNITY FACILITIES DlSTRl administrative costs, and pay for current or future SPECIAL MAILED BALLOT ELE public capital facilities. FIRST Reduce this amount by
the funds collected from Special Development Tax -
One Time and annual Special Tax - Developed INSTRUCTIONS TO LANDOWNER Property levied against commercial and industrial
properties. SECOND: Levy the annual Special Tax - In order to exercise your right as a qua
Undeveloped Property on undeveloped taxable Community Facilities District No. 1 in ' commercial and industrial acreage in the proportional
exceed the maximum tax.
CITY OF CARLSBAD
MAY 7,1991
special maiW ballst election, you m amU~nt§ for each property ~t~tegaty 4s required, not to following steps.
1. To vote on the measure, mark
the square after the word "Ye
word "No" on the enclosed offic
Detach the stub in the upper 11
and keep as your receipt.
2.
3. Fold and insert the Official E
enclosed Ballot Envelope, and
Envelope.
4. Complete the required inforn
enclosed Voter Identification Cc
sign and execute the Certif
provided. It is essential that t
be completed and signed in t
vote to be counted. The pu
document is to ensure that I
casting a vote had the authorit\
behalf of the owner of the prop€
vote.
Place the Voter Identification Ce
the sealed Ballot Envelope into
self-addressed return envelope.
envelope by mail or in persor
Clerk. To be valid, Ballots mus'
by 8:00 p.m. on Election day, r
POSTMARKS ARE NOT ACCEP
YOU MAY VOTE AND/OR TURN IN YO1
BALLOT TO:
5.
ALETHA RAUTENKRANZ, CITY CI
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRll
CAR LS BAD, CALIFORNIA 9 200
LOST, SPOILED OR DAMAGED BALLOTS:
If you have lost, spoiled or damaged
please call the City Clerk at (619) 4
information.
np vai VI LIIG I i3pOS1110~ Wlll nor UUllydit:
( f An6Wh4EY9S iiMlPARflALANA%YSIS
CSW OF CAWLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
The City Council of the City of Carlsbad, California, has
undertaken proceedings and taken adion to form a
Community Facilities District pursuant to the "Mello-
Roos Community Facilities Act of 1982" (referred to as
the "Act"), said Community Facilities District known
and designated as COMMUNIN FACILITIES
DISTRICT NO. 1 (hereinafter refecred to as the
'I Dist rict ") .
A Community Facilities District is established for the
purpose of carrying on specific activities within a
definite area of service. The specific activities
proposed for this District are the financing of major
public capital facilities, as set forth in the Ballot
Proposition. No other facilities or services are
authorized to be carried on by this District.
The City has also declared the necessity to incur a
bonded indebtedness as authorized by that Act, to pay for said proposed public capital facilities described in the Ballot Proposition. This bonded indebtedness
As shown on the enclosed official ballot, a SF shall not exceed $130,080,000. The total amount of
the bonds which the City actually issues may be less ballot election is being conducted by the Cit than this amount. the City of Carlsbad, California, pertainin
proposed issuance of bonds for a Cc
Facilities District formed pursuant to the "M The City has further determined that any bonds shall
be serial bonds and generally mature over a period not Community Facilities Act of 1982", said Cc to exceed forty (40) years. The bonds may be issued Facilities District known and designl
COMMUNITY FACILITIES DISTRICT NO. 1 (h in differing series, at differing times, and the maximum
referred to as the "District"). rate of interest to be paid on the bonds shall not
exceed the greater of either 12% per annum or the
This election will be conducted on the 7th db maximum legal rate at the time of any sale.
The City has also proposed the authorization for a 1991, at which time the qualified voters of th
special tax to be levied annually within the District shall be asked whether or not the District sh:
boundaries to pay for the costs of the facilities, as well bonded indebtedness in an amount not tc
as to pay for the annual installments for debt service $130,000,000 in 1991 dollars to finance certz
on any issued bonds. The proposed rate and method facilities as specified in the ballot proposition.
of apportionment of the special tax is also set forth in
the Ballot Proposition. The annual levy of the special percent (12%) per annum or the maxin
tax may nof exceed the rate as set forth in the Ballot permitted by law at the time of sale of any of th
If such bonds are authorized and sold, the pr Proposition; however, the City may levy the special tax
and interest on the bonds will be payable at a lower rate.
The proceeds of the special tax may only be used to proceeds of special tax levies, which are des
pay the costs of the authorized facilities, and/or debt the ballot proposition.
service as applicable on any authorized bonded
indebtedness. A special tiuc may continue to be levied The best estimate from official sources of tht
no longer than is necessary to pay for the principal and which would be required to be levied to fund 1
interest for any such bonds issued. The bonds will not issue during (a) the first fiscal year after the fir
be secured by any taxing power or funds of the City, bonds, and (b) the fiscal year after the las
although contributions from lawful sources may be bonds, and (c) the highest tax rate which v
available in certain cases. required to be levied is generally as set for
Approval of the Ballot Proposition must occur before taxing formula as attached herein, reference(
the City may either issue any bonds and/or levy the incorporated.
special tax. In order for the Proposition to be Inasmuch as the timing of the issuance of bo
approved, 2/3rds of the vote cast OR the Proposition the actual rate of the special tax necessary tc
must be cast in favor of the City incurring the bonded the bonded indebtedness is dependen
indebtedness and levying the special tax. In this development within the District, no estim:
District the vote will be by landowners, one (1) vote per available as to the year in which the highest
acre or portion thereof. will apply.
cot .-_I uct the proposed capital facilities,
bonded indebtedness, or levy any s
Approval of the Proposition, however, will {
and authorization to the City to undertake
upon completion of additional actions, in1 not limited to, final project design, etc.
BOND ISSUE STATEMENT
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NI
of interest on said bonds shall not excec
e COMMERCIAL, INDUSTRIAL
AND OTHER PROPERTY CITY OF CARLSBAD a
COMMUNITY FACILITIES DISTRICT NO. 1
EXHIBIT "A"
PROPERTY CATEGORIES AND MAXIMUM TAX
All taxable property within the boundaries of the
ANNUAL SPECIAL TAXES as applicable, based upon
the property categories, maximum tax rates, increases
and status of the issuance of building permits, all as UNDEVELOPED PROP E RTY
hereinafter set forth. Improvement Area I refers to all PER DEVELOPABLE ACRE
properties within the boundaries of the City of FOR FISCAL YEAR 1990/1991
Carlsbad Bridge and Thoroughfare District.
Improvement Area II is for all remaining properties
within the Community Facilities District, not within the
ANNUAL SPECIALTAX - UNDEVELOPED P
All taxable Commercial and Industrial Propc
the issuance of a building permit shall be
the following maximum annual special
Community Facilities District shall be subject to aubjecit to increases as set forth herein;
MAXIMUM ANNUAL SPECIAL TP
IMPROVEMENT AREA I Bridge &Thoroughfare District. Commercial Property $ 2,400.00
Industrial Property 1,200.00
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY Agricultural Property -0-
RESIDENTIAL PROPERTY
All taxable property prior to the issuance of a building
permit shall be subject to the following maximum
herein:
All Commercial and Industrial Property, up1
of a building permit, shall have the optior
the ANNUAL SPECIAL TAX - DEVELOPED f
period of not to exceed twenty-five (25) ye
the amounts per property category as follow
annual special taxes, subject to increases as set forth SPECIAL DEVELOPMENT TAX - ONE TlMf
MAXIMUM ANNUAL SPECIALTAX
UNDEVELOPED PROPERTY
FOR FISCAL YEAR 1990/1991 FISCAL
PER DEVELOPABLE ACRE MAXIMUM SPECIAL DEVELOPMENT TAX -
YEAR 1990/91 PER SQUARE FOOT OF Bl
PROPERTY CATEGORY IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA I AREA II
$277.00 Residential Low $281 .OO 772.00 760.00 Residential Low to Medium
Residential Medium 1,294.00 1,217.00 Residential Medium to High 1,984.00 1,868.00 Residential High 2,793.00 2,739.00 Restaurant - Fast Food $ 28.46 Outdoor Tennis Courts 28.14 Convenience Market 27.31 Bank with Drive-thru 18.06 Campground 17.51 Restaurant - Sit Down 15.17 Marina 14.85 Bank - Walk In 12.83 Auto - Gasoline 8.1 1 increases as set forth herein, as follows: Grocery Store 7.78 S & L with Drive-thru 7.59
Bowling Center 6.63 MAXIMUM SPECIAL DEVELOPMENT TAX Restaurant - Quality 6.57 Neighborhood Shopping Cent€ 6.46 Auto Car Wash 6.31 S & L - Walk !n 5.51
Race Track 5.10
Library 4.26 Community Shopping Center 4.24 Hospital - General 3.88
IMPROVEMENT COMMERCIAL USE DESIGNATIONS AREA I
SPECIAL DEVELOPMENT TAX - ONE TIME
Upon the issuance of a building permit, all Residential
properties shall be subject to the following described
SPECIAL DEVELOPMENT TAX - ONE TIME, also subject to
ONE TIME PER RESIDENTIAL DWELLING UNIT
FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA II
Residential Low $ 4,452.00 $ 3,835.00
Residential Low to Medium 4,452.00 3,835.00 Residential Medium 2,810.00 2,312.00 Residentia\ Medium to High 2,810.00 2,312.00 Residential High 2.81 0.00 2,312.00
COMMER~USE DESIGNATIONS AREA i =A II w TERM OF TAX a iMrROVEMENT IM EMENT
Hotel - Conv, Fac/Comm, 3.47 2.52
Regional Shopping Center 3.35 I .61 The above taxes shall be levied until all bonc
Discount Store 3.22 1.58 been discharged and facilities funded Golf Course 3.06 2.14 guaranteed, and the SPECIAL DEVELOPMEN Church 2.99 1.94 Office - Government 2.93 1.88 ONE TIME has been paid; however, the A
Commercial Shops 2.90 1.58 SPECIAL TAX - DEVELOPED PROPERTY shall Health Club 2.89 1.85 levied for a period in excess of twenty-five (25 Motel 2.69 2.06 Office - High Rise 2.67 I .a4 per parcel.
Office - Commercial, 100,000 SF 2.56 1.75 Lumber/Hardware Store 2.47
Office - Medical 2.42 2.07
Hospital - Convalescent 2.33 2.23 Once a building permit has been issu
2.33 2.23 Residential property and the SPECIAL DEVELOI indoor Sports Arena
Resort Hotel 2.30 1-98 University 2.26 1.91 TAX - ONE TIME has been paid, the property no
Junior College 2.19 1.90 will be subject to any annual special tax.
All Other Commercial Properties 2.14 1.44
Auto - Repair & Sales 3.41 1.58
1.58 Residential:
not identified above Commercial & Industrial:
IMPROVEMENT IMPROVEMENT
INDUSTRIAL USE DESIGNATIONS AREA I AREA II The Commercial and Industrial properties, up
issuance of a building permit, have the optior Heliports $ 10.63 $ 3.67 Industrial-Commercial Business pay the SPECIAL DEVELOPMENT TAX - ONE 1
Park 2.1 4 1.51 (2) assume the ANNUAL SPECIAL TAX - DEVE
All other Industrial Properties PROPERTY, as set forth above. Upon the issui
not identified above 1.74 1.42 any building permit, no further increase or esc
is authorized.
ALLOCATION OF COST AND TAX OR, IN THE ALTERNATE,
ANNUAL SPECIALTAX
The "Maximum Annual Special Tax - Developed
Property" for any Fiscal Year shall not exceed 13.81%
of the authorized "Maximum Special Development
Tax - One Time" for the various Commercial and
Industrial Property categories as set forth above in
the amount applicable and annually adjusted for each
Fiscal Year.
Total capital costs for all authorized facilities SI
allocated as follows: 65% to Residential propert
to Commercial & Industrial property. The above
exclude costs of issuance as needed.
Residential DroDertv shall be taxed in an E
sufficient to meet the 65% share of facilities, wh
will include costs of issuance, interest and other
including sinking fund payments for
construction as applicable.
Commercial & Industrial Drooerty shall be taxec
amount sufficient to meet the 35% share of fa(
which tax will include costs of issuance, intere:
other costs, including sinking fund payments for
ANNUALTAX INCREASE
The above SPECIAL TAXES for the taxable properties
are applicable for the fiscal year 1990/91, and are all
subject to annual increases to reflect increases in
construction costs. The Construction Cost Index of construction as applicable.
the EnQineerinQ News-Record, titled "ENR Cost
Indexes in 22 Cities" will be used. The Index
published for the month of April for the City of Los
Angeles under the column heading of "Percentage
Change from Last Year" will annually inflate each of Residential: the Maximum Annual Taxes for each year for
properties as follows: Determine monies necessary to make payme,
bond debt service, replenish reserve, call bonds
A. PROPERTIES WITHIN THE DISTRICT Not to bonds and Community Facilities District N
exceed 50% of the above-referenced increase. administrative costs, and pay for public c facilities. FIRST: Reduce this amount by the 1
8. PROPERTIES TO BE SUBSEQUENTLY collected from Special Development Tax - One
levied against residential properties. SECOND:
remaining funds needed are to be collected b
levy of the annual Special Tax - Undeveloped Pro
on undeveloped taxable residential acreage, ir
proportional amounts for each property categoi
required, not to exceed the maximum authorized t(
COLLECTION OF ANNUALTAX
ANNEXED: Not to exceed 100% of the above-
referenced increase until annexed.
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PROPOSITION A
Shall the City of Carlsbad, Community
Facilities District No. 1, County Of
San Diego, 1) incur a bonded indebtedness
in an amount estimated to be $130,000,000,
subject to inflation, to finance the
installation of public facilities generally
described as a new library facility, a major
City Hall complex, and the addition of office f YES I
and warehouse facilities at the public safety 1 I
Macario Canyon Park, major street improvements I NO 1
in portions of Faraday Avenue, Cannon Road, La 1 1
Costa Avenue, Olivenhain Road/Rancho Santa Fe
Road and Leucadia Boulevard, and major bridge
and overpass facilities described as the La
Costa Interchange, Poinsettia Lane Interchange
and Palomar' Airport Road Interchange, 2) levy
special taxes to pay for said facilities and/or
to pay for any authorized and issued bond
indebtedness, and 3) establish an Article XIIIB
appropriations limit equal to the maximum autho-
rized special taxes which may be levied in any
fiscal year?
addition to an existing library building, a I I
center, and park improvements designated as the I 1
The rate and method of apportionment of the special t(
generally be as follows:
PROPERTY CATEGORIES AND MAXIMUM TAX
All taxable property within the boundaries of the Communi
lities District shall be subject to ANNUAL SPECIAL '
applicable, based upon the property categories, max
rates, increases and status of the issuance of building
properties within the boundaries of the city of Carlsba
and Thoroughfare District. Improvement Area I1 is
remaining properties within the Community Facilities I
not within the Bridge & Thoroughfare District.
all as hereinafter set forth. Improvement Area I refer
RESIDENTIAL PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable property prior to the issuance of a buildir
shall be subject to the following maximum annual speci:
subject to increases as set forth herein: , *
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MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROP'
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/199
IMPROVEMENT IMPROVEMEN
PROPERTY CATEGORY AREA I AREA I1
Residential Low $ 281.00 $ 277.00
Residential Low to Medium 772.00 760.00
Residential Medium 1,294.00 1 , 217.00
Residential Medium to High 1,984.00 1,868.00
Residential High 2,793 .OO 2 , 739.00
SPECIAL DEVELOPMENT TAX - ONE TIME
Upon the issuance of a building permit, all Residential
ties shall be subject to the following described SPECIAL [:
MENT TAX - ONE TIME, also subject to increases as se
herein, as follows:
MAXIMUM SPECIAL.DEVELOPMENT TAX - ONE TIME PI
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 19
IMPROVEMENT IMPROVEME
AREA I AREA r PROPERTY CATEGORY
Residential Low $ 4,452.00 $ 3,835.0
Residential Low to Medium 4,452.00 3,835.0
Residential Medium 2 , 810.00 2,312.0
Residential Medium to High 2 , 810.00 2,312.0
Residential High 2,810.00 2,312.0
COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable Commercial and Industrial Property prior
issuance of a building permit shall be subject to the 1
maximum annual special taxes, also subject to increase
forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PI
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/
IMPROVEMENT IMPROVEM
AREA I AREA
Commercial Property $ 2,400.00 $ 1,600.
Industrial Property 1 , 200.00 960.
-0- Agricultural Property -0-
All Commercial and Industrial Property, upon the issu
building permit, shall have the option to (1) pay th
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DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPEC: - DEVELOPED PROPERTY for a period of not to exceed twen
(25) years, generally in the amounts per property catec
follows:
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
IMPROVEMENT IMPROVEME
AREA I AREA I1 COMMERCIAL USE DESIGNATIONS
$ 7.58 Restaurant - Fast Food $ 28.46 Outdoor Tennis Courts 28.14 7.26
6.74 Convenience Market 27.31 Bank with Drive-thru 18.06 5.72
17.51 4.9'
15.17 4.7. Campground
Restaurant - Sit Down Marina 14.85 4.4
12.83 4.6( Bank - Walk In
Auto - Gasoline 8.11 2. 8'
Grocery Store 7.78 2.51
Bowling Center 6.63 2.8
S & L with Drive-thru 7.59 3.4
Restaurant - Quality 6.57 3.0
Neighborhood Shopping Center 6.46 2.2
Auto Car Wash 6.31 2.5
5.51 3.0 S 61 L - Walk In 5.10 2.3 Race Track
Library 4.26 2.8
Community Shopping Center 4.24 1.8
Hospital - General 3.88 3.1
Hotel - Conv. Fac/Comm. 3.47 2.5
Auto - Repair & Sales 3.41 1.5
Regional shopping Center 3.35 1.6
3.22 1.5 Discount Store
Golf Course 3.06 2.1 Church 2.99 l.p
Office - Government 2.93 1.t
Commercial Shops 2.90 l.!
Health Club 2.89 1.r 2.69 2.( Motel
Off ice - Commercial, 100,000 SF 2.56 1.
Lumber/Hardware Store. 2.47 1. Office - Medical 2.42 2.'
Hospital - Convalescent 2.33 2. Indoor Sports Arena 2.33 2.
Resort Hotel 2.30 1. University 2.26 . 1.
Junior College 2.19 1.
All other Commercial Properties 2.14 1.
2 67 1. Office - High Rise
not indentif ied above
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IMPROVEMEE IMPROVEMENT INDUSTRIAL USE DESIGNATIONS AREA I AREA I1
Heliports $ 10.63 $ 3.67
Industrial-Commercia1 Business
Park 2.14 1.51
All other Industrial Properties not identified above 1.74 1.42
OR, IN THE ALTERNATE,
ANNUAL SPECIAL TAX
The "Maximum Annual Special Tax - Developed Property"
Fiscal Year shall not exceed 13.81% of the authorized "
Special Development Tax - One Time" for the various COK and Industrial Property categories as set forth above
amount applicable and annually' adjusted for each Fiscal Yf
ANNUAL TAX INCREASE
The above SPECIAL TAXES €or the taxable properties are
able for the fiscal year 1990/91, and are all subject tc
increases to reflect increases in construction costr
Construction Cost Index of the Engineering News-Record,
"ENR Cost Indexes in 22 Cities" will be used. Th
published for the month of April for the City of Los
under the column heading of "Percentage Change from La!
will annually inflate each of the Maximum Annual Taxes
year for properties as follows:
A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of
above-referenced increase.
B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceec
of the above-referenced increase until annexed.
TERM OF TAX
The above taxes shall be levied until all bonds have b
charged and facilities funded and/or guaranteed, and the
DEVELOPMENT TAX - ONE TIME-has been paid; however, th
SPECIAL TAX - DEVELOPED PROPERTY shall not be levi
period in excess of twenty-five (25) years per parcel.
Residential:
Once a building permit has been issued €or Residential
and the SPECIAL DEVELOPMENT TAX - ONE TIME has been I
property no longer will be subject to any annual special
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Commercial & Industrial:. '
The Commercial and Industrial properties, upon the issuanc
building permit, have the option to (1) pay the SPECIAL D
MENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL
DEVELOPED PROPERTY, as set forth above. Upon the issu
any building permit, no further increase or escala'
authorized.
ALLOCATION OF COST AND TAX
Total capital costs for all authorized facilities s
allocated as follows: 65% to Residential property,
Commercial & Industrial property. The above costs exclud
of issuance as needed.
Residential property shall be taxed in an amount suffic
meet the 65% share of facilities, which tax will incluc
of issuance, interest and other costs, including sinlci
payments for future construction as applicable.
Commercial & Industrial property shall be taxed in an
sufficient to meet the 35% share of facilities, which t
include costs of issuance, interest and other costs, i
sinking fund payments for future construction as applicab
COLLECTION OF ANNUAL TAX
Residential:
Determine monies necessary to make payment on bond debt
replenish reserve, call bonds, pay bonds and Community
ties District No. 1 administrative costs, and pay fo
capital facilities. - FIRST: Reduce this amount by t
collected from Special Development Tax - One Time levied
residential properties. SECOND: The remaining funds nE
,to be collected by the levy of the annual Specia
Undeveloped Property on undeveloped taxable residential
in the proportional amounts for each property cat
required, not to exceed the maximum authorized tax.
Commercial and Industrial:
Determine monies necessary $0 make payment on bond debt
replenish reserve, call bonds, pay bonds and Communit!
lies District No. 1 administrative costs, and pay for c
future public capital facilities. FIRST: Reduce this
annual Special Tax - Developed Property levied against
cial and industrial properties. SECOND: Levy tt
Special Tax - Undeveloped Property on undeveloped taxabl
cial and industrial acreage in the proportional amounts
property category as required, not to exceed the maximulr
the funds collected from Special Development'Tax - One
***
%
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VOTE
SECTION 9. That the appropriate mark placed in the
square after the word "YES" shall be counted in favor
adoption of the proposition, and the appropriate mark plz
the voting square after the word "NO" in the manner as
rized, shall be counted against the adoption of
proposition.
ARGUMENTS
SECTION 10. Arguments may be filed for and/or agaii
ballot measure, and the Election Official shall select
the arguments in favor and one of the arguments agaix
measure for printing and distribution. The Election 0
shall give preference and priority in the following sequen
A. The legislative body or any member
as authorized;
B. Individual property owners or bo
association of property owners or combinations of E
owners and associations who are the bona fide sponsors or
nents of the measure;
C. Bona fide associations of property c
D. Individual property owners w
eligible to vote on the measure.
DEADLINE FOR FILING ARGUMENTS
SECTION 11. That notice is hereby given that
arguments, not to exceed three hundred (300) words in
for or against the measure, shall be filed not later tl
P.M. on February 19, 1991, at the Office of the
Official.
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That any argument submitted for or agair
measure shall be accompanied' by a statement set forth in :
5350 of the Elections Code, signed and completed by the
of such argument.
REBUTTAL ARGUMENTS
SECTION 12. That if any person submits an argument i
the combined ballot proposition as set forth herein,
argument has been filed in favor of the combined propo
the Election Official shall then immediately send a copy
argument to the person filing the argument in favor (
combined ballot proposition. The person filing the argu
favor of the combined ballot proposition may prepare and
a rebuttal argument not to exceed two hundred fifty (250)
The Election Official shall then send copies of the argu
favor of the ballot proposition, who then may prepare and
a rebuttal argument to the argument in favor of the c
ballot proposition, such rebuttal argument not exce
hundred fifty (250) words. The rebuttal argument shall b
with the Election Official not more than ten (10) days af
final date for filing the direct argument. Rebuttal ax
shall be printed in the same manner as direct arguments i
rebuttal argument shall immediately follow the direct i
which it seeks to rebut.
This right of rebuttal, as provided
Resolution, is applicable only to the ballot propositior
ing to this Community Facilities District, and shall nc
to any future District elections.
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IMPARTIAL ANALYSIS
SECTION 14. That City Attorney is hereby direc
prepare an impartial analysis on the combined ballot prop
and file it with the Election Official. Such analysis
show the effect of the proposition on the existing law G
general operation of the proposed ballot proposition.
ELECTION PROCEDURE
SECTION 15. The Election Official is hereby author
take any and all steps necessary for the holding of saic
tion. said Election Official shall perform and renc
services and proceedings incidental to and connected wi
conduct of said election, and said services shall incluc
not be limited to the following' activities as are appropr
the subject election:
A. Prepare and furnish to the el
officers necessary election supplies for the conduct
election.
B. Cause to be printed the requisite
of official ballots, talley sheets and other necessary for
C. Furnish and address to mail of
ballots to the qualified electors of the Community Fac
District.
D. Cause the official ballots to be
and/or delivered, as required by law.
E. Receive the returns of the electi
supplies.
F, Sort and assemble the election m
and supplies in preparation for the canvassing of the retu
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G. Canvass the returns of the election.
H. Furnish a tabulation of the nur
votes given in the election.
I. Make all arrangements and ta
necessary steps to pay all costs of the election incur
result of services performed by the District and pay co!
expenses of all election officials.
J. Conduct and handle all other m
relating to the proceedings and conduct of the election
manner and form as required by law.
NOTICE
SECTION 17. That the City Clerk is hereby ordc
certify to the passage of this' Resolution and shall cau
Resolution to be published once a week for two successiv
in the CARLSBAD JOURNAL. This Resolution shall constiti
notice of the special bond election and authorization to
special tax.
PASSED, APPROVED AND ADOPTED by the City Council
S ecial City of Carlsbad at its/-r&tt&ar- meeting held on the 29tl
Of January , 1991, by the following vote, to
AYES: Council Members Lewis, Kulchin,Larson, Stanton and Nyg<
NOES: None
ABSENT: None ,y ' /I - ;,' 1- ( */y2$-J/ I? , ;. ( 1-
CLAUDE A. ~EWT$,~ hayor
ATTEST:
!aL23L 2 kL2kh-k
ALETHA L. RAUTENKRANZ, Citb Clerk
{SEAL)
e a
NOTICE OF APPOINTMENT OF ABSENT VOTER BALLOT CANVASSING BOARD
I, Aletha L. Rautenkranz, City Clerk of the City of Carlsbad, do appoint the follow
named individuals to serve as a Canvassing Board, to canvass absentee ballots for
Special Municipal Election to be held on May 7, 1991.
The canvassing will commence at 8:OO p.m., on Tuesday, May 7, 1991 in the C
Manager’s Conference Room at City Hall, 1200 Carlsbad Village Drive, Carlsbad, Califor
92008.
Inspector: Aletha L. Rautenkranz
Clerk: Kathleen Shoup
Clerk: Lucille Wood
Clerk: Teri Gerent
Clerk: Pat True
Clerk: Pat Stuckrad
Aletha L. Rakenkranz I
City Clerk
Dated: May 3, 1991
CERTIFICA tE OF FOSTiNc;
I do heieby certify that a copy of the foregoir