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HomeMy WebLinkAbout1994-12-13; City Council; 12956; Purchase of Property PAR & College Blvd.IL r 1:‘ 2 u F: 2 - z M M u 0 $ b N cn a, 3 a, a, VI U u al n (? I * g C .rl rl 0 rn o c, s p: al a a U a 0 a 4 .I4 s rd 2 u 0 z 0 6 6 U z 3 0 0 1; (ilTY OF CARLSBAD - AC@I DA BILL - AB # /2: 9 5 6 TITLE: APPROVAL OF PURCHASE AGREEMENT DEP C,T, MTG. 12-13- 5 CP DEPT. CD RECOMMENDED ACTION: WITH THE HUNTINGTON BEACH COMPANY FOR THE PURCHASE OF PROPERTY AT PALOMAR AIRPORT ROAD AND COLLEGE BOULEVARD cir It is recommended the City Council ADOPT Resolution No. 5y-327 APPR purchase agreement with the Huntington Beach Company for the City’s acquisiti gross acres of property located at Palomar Airport Road and College Boulevard. ITEM EXPLANATION Negotiations have been completed with the property owners, The Hunting Company, for the City’s acquisition of 109 gross acres of property located at Palon Road and College Boulevard for the potential future development of a municipal j facility. The Huntington Beach Company property is recommended to be acquired at this property will be potentially combined with additional properties adjacent to the development of a municipal golf course facility. Additional adjacent property un by the City includes a 140 acre site referred to as the KoIIlWeyerhauser, Carlsb The Carlsbad Airport Center, Phase 3 property is currently the subject of a City c initiated foreclosure action due to significant College Boulevard assessment deli This property may become available to the City in early 1995. Additionally, Carlsbad already owns 280 acres of Macario CanyonNeterans Memorial Park prop6 to the north of the Huntington Beach property. Portions of the City park prope available for golf course development. The properties are described in attached The City has spent considerable time over the last 12 to 18 months assessing the and availability of alternative sites for a municipal golf course facility. Although r some limitations, the Huntington Beach Company site offers the best oppc development of a municipal golf course. The City has completed preliminary environmental, geotechnical, and golf course layout studies which indicate that a golf course facility is feasible on this site when combined with portions of other Additionally, the site’s central City location, accessibility to major roads and I- adjacent utility and reclaimed water infrastructure, and other factors make this sit for its intended use. City staff and representatives of the land owners have prepared the attached pU Sale Agreement and Escrow Instructions setting forth the terms of the proposed include: Center, Phase 3 property located immediately east of the Huntington Beach Con Property Description: 109 gross acres comprising lots 1-26 ( Tract No. 85-1 7, Final Subdivision Map recorded December 13, 1991. % 0 0 Page Two of Agenda Bill No. la! 9 5 b 6 a Purchase Price: $800,000 Refund of Seller’s Existing Fees: Return of Seller’s Existing Bonds: map. Assumption of Seller’s Existing Assessment District and Community Facilities District Ob1 i gations: Refund $375,408 of seller’s existing lar development fees required by final mat Return of seller’s existing bonds requirc As land owner, City shall assume the e two (2) assessment district obligations f Palomar Airport Road and College Bou the community facilities district obligai No. 1). Staff recommends approval of the attached land sale agreement. GENERAL PLAN CONSISTENCY On April 20, 1994, the Planning Commission adopted Resolution 3656 findinp acquisition of the subject property to be consistent with the Carlsbad General PI ENVIRONMENTAL REVIEW A Negative Declaration was issued by the Planning Director on March 1, 1994 acquisition of the property in accordance with the California Environmental Qui FISCAL IMPACT The $800,000 purchase price of the subject property will be deposited by the ( escrow and delivered to the seller, The Huntington Beach Company, at the close In addition, other miscellaneous costs will be split between the City and the seller fees, title and recordation fees, document fees, etc. The City’s share of these mi! costs is estimated to be $25,000. Funds in the Golf Course Enterprise approximately $2 million for purchase of the property. As a condition of the sale, the City will refund a total of $375,408 for v; development fees paid by the seller. In 1991, the fees were paid by the propert) a condition of final map recordation; however, because of the delay in dew property, no inspection expenses or other costs were incurred by the City. The Gc will refund $256,361, with the balance coming from local drainage and street ligl Additionally, the sale also includes the provision for the return of various bonds ( the City which were posted by the property owners as condition of final map ap City costs will be incurred to release the bonds. \ 0 0 Page Three of Agenda Bill No. 12, 9 5 6 d L The City will assume the ongoing cost of the two (2) assessment districts and the c facilities district taxes that run with this property. The following is a summary of th costs through the retirement of these obligations: SPECIAL DISTRICT ANNUAL PAYMENTS DATE OF EXPIRA1 Palomar Airport Road Assessment $ 148,000 F.Y. 2002-0 District No. 86-1: College Boulevard District No. 85-2: 93,000 F.Y. 2005-0 Community Facilities District No. 1 : 34,000 When cons begins. For fiscal year 1993-94, the estimated cost for special district payments is $13; anticipated future annual costs totaling $275,000. It is intended that the annual p2 these special districts will be included in the cost of development, mainter operation of the golf course. Ultimately, the City's obligation to continue to make special district payments will terminate with either the date of entering into a 1 development agreement with an outside party or the date of final retirement of district debts identified above, whichever occurs first. Payments will be made k Course Enterprise Fund, or if insufficient funds, the General Fund. With the purchase of the Huntington Beach Company property, remaining funds Course Enterprise Fund will be reduced to approximately $1 million. If the City purchase adjacent property and the cost exceeds the Golf Course Enterprise Fun it is likely that General Fund reserves would need to be utilized to meet cash flc EXHIBITS 1. Location map. 2. 3. Resolution No. qY-322) approving an agreement with The Huntington E Company for the purchase of property. Sale Agreement (on file in the City Clerk's Office) - . 0 4 I 4 //////// AREA TO BE ACQUIRED 109 GROSS ACRES City of Carid r CARLSBAD MUNICIPAL GOLF COURSE EXHIBIT 1 4 t a 1 .. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 94-327 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSI CALIFORNIA, APPROVING A PURCHASE AGREEMENT WITH HUNTlNGTONBEACHCOMPANY,APPROPRIATINGFUNDS,ANDREL)r ADMINISTRATIVE ISSUES FOR THE PURCHASE OF PROPERTY Ft FUTURE MUNICIPAL GOLFCOURSE FACILITY. WHEREAS, the citizens of the City of Carlsbad, California, previously i special election vote in June 1989, as required by Chapter 1.24 of the Carlsba Code, the expenditure in excess of $1,000,000 for development of a municipal and WHEREAS, the acquisition of property to facilitate the development of sa golf course facility is an authorized use of said funds; and WHEREAS, the City and representatives of The Huntington Beach Cor completed negotiations for the City's purchase of certain real property withir Carlsbad intended to be used by City for said purpose; and WHEREAS, a purchase agreement has been prepared for said aforementioned real property to City; and WHEREAS, the fund balance in the Golf Course Enterprise Fund contai funds for said purchase; and WHEREAS, a refund of $375,408 in development fees paid by the Huntir Company is in order because no City of Carlsbad expenses were incurred; ar WHEREAS, the City Council of the City of Carlsbad, California, does h necessary, desirable, and in the public interest to approve said agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City California, as follows: 1. That the above recitations are true and correct. 2. That an agreement entitled Purchase and Sale Aareement i Instructions between the City of Carlsbad and The Huntington Beach Compar approved and the Mayor is authorized and directed to sign said agreement. 4 1 - 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 '17 18 19 20 21 22 23 24 25 26 27 28 .... 3. That the City Clerk is authorized to send a duplicate original of saic to The Huntington Beach Company, attention Mr. Mark Urban, c/o Chevro Development Company, 1660 Hotel Circle North, Suite 620, San Diego, Califc one (I) original to the escrow agent, First American Title Insurance Company, I Trish Erickson, 411 Ivy Street, San Diego, California 92101, and one Community Development Department. 4. That the City Council does hereby authorize the Finance appropriate $962,500 from the Golf Course Enterprise Fund for the purchase of, current year special district payments. 5. That the City Council does hereby authorize the Finance appropriate $256,361 from the General Fund balance to refund certain Huntir Company fees, the remaining $119,047 is to be refunded from the Planned Lo( Area Fund and the Street Lighting Benefit District Fund. 6. That the City Council does hereby approve the release and r property owners certain bonds held by City which were previously posted as ( the above referenced map. Following the City Council's approval of this resoluti is authorized and directed to prepare the necessary documentation to c transaction and to affect said release and return of said bonds and the City CI authorized and directed to sign said documents on behalf of the City. 7. That the City Council does hereby accept the corporation grant dc Huntington Beach Company. .... .... .... .... 2 *# 1 d 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 PASSED, APPROVED, AND ADOPTED at a regular meeting of the C, Council held on the 13th day of -DECEMBER , 1994, by the following vot AYES: NOES: None ABSENT: None Council Members Lewis, Nygaard, Kulchin, Finnila, Hall ATTEST: ALETHA -1- L. RAUTENKRANZ, City C erk (SEAL) 3 0 0 B ROB EC K PH LEGER & HARRISON 550 WI ~ CALIF ATTORNEYS AT LAW TELEPHONE: (619) 234-1966 - FACSIMILE: (619) 234-3848 (12TH FLOOR) (629) 236-1403 (13m FLOOR) WRITER'S DIRECT DIAL: (619) 699-0258 December 7, 1994 VIA OVERNIGHT DELIVERY Ron Ball, Esq, City Attorney City of Carlsbad 1200 Carlsbad Village Drive . Carlsbad, CA 92008 Re: Purchase and Sale Ameement and Escrow Instructions between Huntington Beach Comtxinv (as "Seller") and the Citv of Carlsbac (as "Buyer") Dear Ron: Please find enclosed one (1) copy of the referenced Purchase and Sale Agreement and Escrow Instructions ("Agreement") for lodging with the Carlsbad City Clerk. I am concurrently delivering a copy of this Agreement to Trish Erickson at Fi American Title Insurance Company and have requested a preliminary statement of closing costs. Thank you for your kind assistance in expediting this transaction. Very truly yours, &&L- w+ Ellen B. Spellman Encs. BPHSD\WSB\0105067.WP SAN FRANCISCO Los ANGELS SAN DIEGO PALO ALTO ORANGE COUNTY NEW YORK' LONDON, PRAGUE' 'Brobeck Hale and Dorr International Offices 0 0 - PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS SELLER: HUNTINGTON BEACH COMPANY, a California corporation BUYER : THE CITY OF CARLSBAD, a municipal corporation First American Title Insurance Company Escrow No. 11103140-TE ESCROW: BPHSD\Ei3S\0101841.04 12/06/94 0 0 - TABLE OF CONTENTS - - Pa ARTICLE 1 DEFINITIONS ........... 1.1 City.. ...................... 1.2 Close of Escrow, Closinq Date, and Closinq Deadline ..................... 1.3 Effective Date. .................. 1.4 Environmental Laws ................ 1.5 Escrow Asent ................... 1.6 GrantDeed .................... 1.7 Hazardous Materials ................ 1.8 Permitted Exceptions. ............... 1.9 &. ........................ 1.10Property ..................... 1.11 Purchase Price .................. 1.12 Title Insurer ................... ARTICLE 2 PURCHASE AGREEMENT; PURCHASE PRICE ..... 2.1 Purchase Aqreement ...... I . , ..... I . 2.2 Purchase Price .................. 2.3 Refund of DeDosits ................ ARTICLE 3 ESCROW ............ 3.1 Openins of Escrow ................. 3.2 Escrow Instructions ................ 3.3 Close of Escrow .................. 3.4 Deliveries to Escrow ............... 3.5 Prorations .................... 3.6 Escrow Charses .................. 3.7 Recordation of Documents ............. 3.8 Distribution of Funds ............... 3.9 Conformed Copies ................. 3.10 Tax Reportinq ................... ARTICLE 4 TITLE MATTERS ........... 4.1 Title Report ................... 4.2 Assessment Districts ............... 4.3 Title Insurance .................. 4.4 Extended Title Coveraqe .............. 4.5 GrantDeed .................... ARTICLE 5 REPRESENTATIONS, WARRANTIES ....... 5.1 Condition of the Property ............. BPHSD\EBS\0101841.04 12/06/94 -i- . 0 0 5.2 Buyer’s Representations and Warranties. ...... 5.3 Seller’s Representations and Warranties. ..... 5.5 Survival of Warranties and Oblisations ...... I 5,4 Real Estate Commissions , , , , o o o o I e e o e , ARTICLE 6 ADDITIONAL OBLIGATIONS ........ 6.1 Buyer’s Access to ProDerty. ............ 6.2 Development and Improvement Oblisations. ..... 6.3 Damase or Destruction. .............. 6.4 Condemnation. ................... 6.5 Possession .................... ARTICLE 7 GENERAL PROVISIONS ......... 7.1 Assisnment. .................... 7.2 Attorneys’ Fees .................. 7.3 Computation of Time Periods ............ 7.4 Conflict of Interest. ............... 7.5 Construction ................... 7.6 Countemarts ................... 7.7 Entire Asreement ................. 7.8 Exhibits ..................... 7.9 Further Assurances ................ 7.10 Gender, Number .................. 7.11 Governins Law ................... 7.12 Modification, Waiver ............... 7.13 Mutual Covenants. ................. 7.14 No Other Inducement ................ 7.15 Notice ...................... 7.16 Severability ................... 7.17 Successors .................... 7.18 Time ....................... EXHIB ITS A Grant Deed B General Escrow Provisions C Non-Foreign Affidavit BPHSD\EBS\O101841.04 12/06/94 -ii- \ 0 0 PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS " THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (rlAgreementll) , effective as of , 1994 ("Effective Date"), by and between HUNTINGTON BEACH COMPANY, a California corporation ("Seller"), and THE CITY OF CARLSBAD, a municipal corporation (llBuyerll) , constitutes an agreement to purchase and sell real property and escrow instructions directe to the Escrow Agent identified herein. ARTICLE 1 DEFINITIONS For purposes of this Agreement, the following defined term shall be indicated by initial capital letters and shall have th meanings set forth below: 1.1 City. The City of Carlsbad, California. 1.2 Close of Escrow, Closins Date, and Closins Deadline. As defined in Section 3.3 (a) . 1.3 Effective Date. The date first set forth above, whic shall be the date this Agreement has been executed (a) by Buyer pursuant to a resolution of the City Council authorizing such execution, and (b) by Seller. Buyer shall execute this Agreeme within three (3) business days after adoption of the City Council's resolution of approval. Execution of this Agreement Seller shall be null and void unless the Effective Date occurs or before December 15, 1994. 1.4 Environmental Laws. Any law or regulation applicable to the physical condition of the Property, or the presence of a substance thereon, including without limitation, the Comprehensive Environmental Response, Compensation and Liabilit Act of 1980, as amended (42 U.S.C. Sections 9601, & u.), the Resources Conservation and Recovery Act of 1976 (42 U.S.C. Sections 6901 et seq.), the Clean Water Act (33 U.S.C. Sections 466 et seq), the Safe Drinking Water Act (14 U.S.C. Sections 1401-1450), the Hazardous Materials Transportation Act (49 U.S. Sections 1801 et m), the Toxic Substance Control Act (15 U.S. Sections 2601-2629) , the California Hazardous Waste Control Law (California Health and Safety Code Sections 25100-256001, and t Porter-Cologne Water Quality Control Act (California Health and Safety Code Sections 13000 & seq.), as any of the foregoing ma be amended from time to time, and all regulations and publications implementing or promulgated pursuant to the foregoing. BPHSD\EBS\O101841.04 12/06/94 -1- \ 0 e 1.5 Escrow Asent. First American Title Insurance Company ATTN: Trish Erickson, 411 Ivy Street, San Diego, California 921 P.O. Box 808, San Diego, California 92112, Tel: (619) 238-1776. 1.6 Grant Deed. The Grant Deed conveying the Property to Buyer in the form of Exhibit "A" attached hereto, executed and acknowledged by Seller and Buyer. 1.7 Hazardous Materials. Hazardous Materials shall include, but are not limited to, substances which are flammable explosive, corrosive, radioactive, or toxic, and any substances defined as hazardous substances, hazardous materials, toxic substances or hazardous wastes in any of the Environmental Laws and all amendments to the Environmental Laws. Hazardous Materials shall also include those asbestos-containing material defined and described in Environmental Protection Agency Report No. 56/5-85-024 (June 1985) or any related or successor report other applicable government regulations defining or describing such materials. 1.8 Permitted Exceptions. As defined in Section 4.3. 1.9 E. The preliminary title report identified in Section 4.1. 1.10 Propertv. That certain real property described as Lo 1 through 26 of Carlsbad Tract No. 85-17, in the City of Carlsbad, County of San Diego, State of California, according t Map thereof No. 12903, recorded in the Official Records of San Diego County, California on December 13, 1991. 1.11 Purchase Price. The aggregate consideration to be pa by Buyer to Seller for the purchase of the Property, as set for in Section 2.2. 1.12 Title Insurer. First American Title Insurance Compan ATTN: Roy Provence, Title Officer, 411 Ivy Street, San Diego, California 92101 P.O. Box 808, San Diego, California 92112, Tel (619) 231-4652. ARTICLE 2 PURCHASE AGREEMENT; PURCHASE PRICE 2.1 Purchase Asreement. Seller agrees to sell the Proper to Buyer and Buyer agrees to purchase the Property from Seller, on the terms and conditions set forth herein. 2.2 Purchase Price. Buyer agrees to pay to Seller the amount of EIGHT HUNDRED THOUSAND AND N0/100 DOLLARS ($800,000). The Purchase Price shall be payable in cash and shall be delivered to Escrow Agent, in the form of a cashier's or BPHSD\EBS\0101841.04 12/06/94 -2- 0 0 certified check drawn on a California bank, payable to Escrow Agent, or funds by federal wire, at least two (2) business days prior to the scheduled Closing Date and, in any event, a sufficient time in advance to permit disbursement of such funds on the Closing Date under applicable law and Escrow Agent's standard practice. 2.3 Refund of Deposits. As additional consideration to geller, Buyer shall refund to Seller, through Escrow at the Clo of Escrow, the following cash deposits which have previously be delivered to Buyer in connection with the subdivision, development and/or improvement of the Property: Landscape Inspection Fee [# 88161 $ 80,000 Improvement Inspection Fee [# 88321 $175,000 Drainage Area Fee [# 350-810-18-77-87401 $114,992 Street Sign Deposit [# 88731 $ 1,361 Street Light Energizing Fee $ 4,055 TOTAL $375,408 [# 161-810-6210-88971 Buyer shall deliver the foregoing amounts to Escrow prior to th Closing Date, and Escrow Agent shall disburse such amounts to Seller on the Closing Date. ARTICLE 3 ESCROW 3.1 ODenins of Escrow. An escrow (rlEscrowrl) shall be opened with Escrow Agent to consummate the sale of the Property pursuant to this Agreement, identified as Escrow No. 1103140-TE Within three (3) business days after the Effective Date, Seller and Buyer shall cause a fully executed copy of this Agreement t be deposited with Escrow Agent. The date Escrow Agent has received an executed copy of this Agreement is referred to here as the "Opening of Escrow.lr Escrow Agent shall acknowledge the Opening of Escrow and its agreement to act as the Escrow Agent hereunder by: (a) executing the Consent of Escrow Agent attach hereto; and (b) promptly delivering a copy of the executed Consent to Seller and Buyer. 3.2 Escrow Instructions. This Agreement shall constitute initial escrow instructions to Escrow Agent. Escrow Agent's general provisions are attached hereto as Exhibit IlB1I and made part hereof, to the extent they are consistent with the provisions of this Agreement. The parties shall execute any additional instructions reasonably required by Escrow Agent to consummate the transaction provided for herein; provided, however, such additional Escrow Instructions shall not modify t BPHSD\EBS\0101841.04 12/06/94 -3- a 0 provisions of this Agreement, unless such instructions (a) stat1 the modification in full and (b) are signed by both parties. 3.3 Close of Escrow. (a) Closins Date. llClose of Escrowr1 or flClosing Dat means the date the Grant Deed is recorded in the Official Recor of San Diego County, California and the Purchase Price is paid Seller. The Close of Escrow shall occur on a date within thirt (30) days after the Effective Date, but in no event later than December 22, 1994 ("Closing Deadline"). Buyer and Seller shall use their reasonable efforts to cause the Close of Escrow to occur on or before December 16, 1994. (b) Material Term. BUYER ACKNOWLEDGES THAT A TIMELY CLOSING ON OR BEFORE THE SPECIFIED CLOSING DEADLINE IS A MATER1 TERM OF THIS AGREEMENT, AND THE CLOSING DEADLINE MAY NOT BE EXTENDED EXCEPT BY A WRITTEN ESCROW INSTRUCTION SIGNED BY BUYER AND SELLER. If the Escrow does not close on or before the Closing Deadline for any reason other than a default by Seller, instructions signed by Buyer and Seller, then Seller shall have the unilateral right to terminate this Agreement and the Escrow by delivering written notice to Escrow Agent and Buyer. In the event of such termination, Seller shall have no further obligations hereunder. Such termination shall not release Buyer's liability if the failure to close was the result of a default by Buyer, or any other liabilities of Buyer pursuant tc Section 6.1, and shall not affect Seller's rights and remedies under this Agreement, or at law or in equity, as a result of Buyer's default. If Seller does not elect to exercise its righ to terminate this Agreement and the Escrow as set forth above, Escrow Agent shall close the Escrow as soon as possible. and if the Closing Deadline has not been extended by written 3.4 Deliveries to Escrow. Prior to the Closing Date, eac party shall timely deliver to Escrow all funds and documents required to complete the Closing pursuant to this Agreement, including, but not limited to, prorated amounts and other payments required under Sections 3.5 and 3.6, any such delivery shall constitute a material default hereunder 3.5 Prorations. Escrow Agent shall prorate all real property taxes and installments of assessments payable prior tc the Closing Date (collectively, lltaxesll) which are a lien upon the Property, based on the most recent official information available from the appropriate City or County office; provided, however, that Seller shall pay all penalties and interest resulting from late payment of such taxes and assessments. All prorations shall be made to the Closing Date based upon a thirt (30) day month. If actual tax bills for the Property for the current tax year are not available as of the Close of Escrow, Buyer and Seller shall reprorate said taxes outside of Escrow Failure to make BPHSD\EBS\O101841.04 12/06/94 -4- 0 0 following Close of Escrow upon receipt of said tax bills by either Buyer or Seller. 3.6 Escrow Charses. (a) Seller’s Payments. Seller shall pay: (1) one- half of Escrow Agent’s fee or cancellation charge; (2) the cost of a standard CLTA owner‘s title insurance policy and prelimina title report; (3) the documentary transfer tax which Escrow Age determines is required by law; and (4) other charges and expens customarily charged by Escrow Agent to sellers. (b) Buyer’s Payments. Buyer shall pay: (1) one-ha1 of Escrow Agent’s fee or cancellation charge; (2) the cost of a ALTA Title Policy (if requested by Buyer), to the extent it cost of any title endorsements required by Buyer; (3) the cost recording the Grant Deed; and (4) other charges and expenses customarily charged by Escrow Agent to buyers. exceeds the amount payable by Seller as described above, and th (c) Default. Notwithstanding the foregoing, in the event of a default by Buyer or Seller hereunder, all cancellati and other escrow charges shall be paid by the defaulting party. 3.7 Recordation of Documents. Escrow Agent is authorized to record any instrument delivered through Escrow if necessary proper for issuance of the Title Policy described in Section 4. At Close of Escrow, Escrow Agent shall submit the Grant Deed to the County Recorder for recordation and instruct the County Recorder to return the original Grant Deed to Buyer and a conformed copy of the Grant Deed to Seller. At Seller’s or Buyer’s request, the documentary transfer tax shall be set fort in a statement separate from the Grant Deed and shall not be reflected in any recorded documents. 3.8 Distribution of Funds. Upon Close of Escrow, Escrow Agent shall distribute, pursuant to unilateral instructions provided to Escrow Agent by the recipient: (a) to Seller, or order, the Purchase Price, adjusted for prorations, charges and other credits and debits provided for herein; and (b) to Buyer order, any excess funds delivered by Buyer to Escrow Agent. 3.9 Conformed Copies. Upon Close of Escrow, Escrow Agent shall deliver to Seller and Buyer: (a) an accounting and final closing statement for this transaction; and (b) copies of all recorded documents, conformed to show the recording date and fi number. 3.10 Tax Reportinq. Any returns, statements or reports required to be filed under Section 6045(e) of the Internal Revenue Code of 1986 and Sections 18805 and 26131 of the California Revenue and Taxation Code (and any similar reports BPHSD\EBS\0101841.04 12/06/94 -5- 1 0 0 , required by federal, state or local law) relating to the Proper' shall be filed by Escrow Agent. In no event shall this Agreeme: be construed so as to require that such returns, reports or statements be filed by Buyer, Buyer's counsel, Seller or Seller counsel. Within five (5) days after Escrow Agent's receipt of , written request from Seller and/or Buyer, Escrow Agent shall provide evidence to Seller and/or Buyer of its compliance with the provisions of this Section 3.10. ARTICLE 4 TITLE MATTERS 4.1 Title ReDort. (a) Delivery; Review by Buyer. Buyer acknowledges receipt of a CLTA preliminary title report covering the Propert identified as Order No. 1104053-11, issued by Title Insurer dat as of October 21, 1994, and supplemented on November 7, 1994 (collectively, vlPRvl), together with a copy of each recorded document listed as an exception in the PR. Buyer has approved the exceptions set forth in the PR and agrees to accept title t the Property subject thereto. 4.2 Assessment Districts. The parties acknowledge that t Property is currently subject to Assessment District No. 86-1 relating to improvements to Palomar Airport Road, Assessment District No. 85-2 relating to improvements to College Boulevard payable pursuant to such districts shall be prorated between Seller and Buyer as of the Closing Date, as described in Section 3.5. Buyer shall accept title to the Property subject such districts and the lien of assessments thereunder; Seller shall have no liability or responsibility for any obligations thereunder (including the obligation to pay assessments) arisin from and after the Closing Date; and Buyer shall indemnify Sell from and against such obligations as further described in Secti 6.2(d). and Community Facilities District (CFD) No. 1. Assessments 4.3 Title Insurance. As of Close of Escrow, Title Insure shall issue, or be committed to issue, at Seller's sole cost, a standard form CLTA owner's title insurance policy ("Title Policyll), insuring Buyer's title to the Property in the amount the Purchase Price, subject only to the following permitted exceptions ("Permitted Exceptions1') : (a) The lien of current non-delinquent real estate taxes and assessments; (b) The lien of any supplemental taxes assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code; BPHSD\EBS\OlOl841.04 12/06/94 -6- * a a (c) The lien of the assessment districts described i: Section 4.2; (d) The matters set forth in the PR and approved by Buyer pursuant to Section 4.1; (e) Covenants, restrictions, reservations and other matters set forth in the Grant Deed, in the form attached heret as Exhibit "Ar1 ; (f) Any other matters requested, caused or approved writing by Buyer; and printed terms of the Title Policy's standard form. (9) Matters accepted or excluded from coverage by th 4.4 Extended Title Coverase. Buyer may elect to obtain ALTA extended title insurance coverage, rather than the CLTA Title Policy described in Section 4.2, subject to the following conditions: (a) Provision of such coverage shall not extend the Closing Deadline; (b) Buyer shall pay all additional costs of obtainin such coverage, including the costs of any required survey; required survey, (2) deliver the survey to the Title Insurer fo review, (3) order an inspection of the Property by the Title Insurer, (4) order the Title Insurer to update the PR if necessary to identify additional exceptions (if any) resulting from Title Insurer's review of the survey and inspection, and ( review and approve any such additional exceptions prior to the Closing Deadline described in Section 3.3; and (c) Buyer shall, in a timely manner, (1) order any (dl If Buyer disapproves any matter pursuant to paragraph (c) above, Seller shall have the option to cure such disapproval by electing to remove such exceptions prior to the Closing Date. 4.5 Grant Deed. Prior to Close of Escrow, Seller shall execute, acknowledge and deliver the Grant Deed to Escrow. BPHSD\EBS\O101841.04 12/06/94 -7- 0 0 ARTICLE 5 REPRESENTATIONS, WARRANTIES 5.1 Condition of the Property. (a) Buyer‘s Due Diliqence Review. Buyer acknowledge that, prior to the Effective Date, Buyer has reviewed and approved all aspects of the Property, after such examination, inspection, investigation and review as Buyer considered it appropriate to undertake, at Buyer’s sole expense, including, b not limited to, the following matters: (1) All applicable zoning, subdivision, land us environmental, building and other governmental laws, ordinances rules, regulations and requirements applicable to the Property, including, but not limited to, the restricted use zone for the flight path for Palomar Airport and related requirements, the provisions of the Local Coastal Plan and the requirements for further coastal development permits thereunder, and the Property’s compliance with the foregoing; (2) All governmental permits, approvals or othe entitlements issued in connection with the subdivision, development or improvement of the Property and the terms and conditions thereof, including but not limited to, the matters described in Section 6.2; (3) The assessment districts described in Secti 4.2 and the potential for other governmental fees, assessments and requirements; (4) The effect of easements, rights-of-way and other title matters; (5) The physical and environmental conditions o the Property, including hydrology, soils, geotechnical and hazardous materials conditions, and any environmental or hazardous materials investigations or reports obtained by Buyer at its expense; and (6) All other matters relating to the condition value, fitness, suitability or use of the Property, and all matters Buyer may deem necessary or appropriate to investigate. Any costs incurred by Buyer in examining and investigating the Property shall be borne entirely by Buyer. (b) Disclaimers. Except as expressly provided in Section 5.3: (1) Seller makes no representations or warranties, express or implied, as to the physical conditions c BPHSD\EBS\0101841.04 12/06/94 -8- 0 0 \ the Property or in connection with any matter relating to its condition, economic value, marketability, merchantability, feasibility, fitness, suitability or use, or which Buyer has relied upon directly or indirectly. (2) Seller makes no representation or warranty to any operative or proposed governmental laws, regulations and requirements (including but not limited to zoning, environmenta and land use laws, regulations and requirements) to which the Property may be subject. (3) Buyer acknowledges that no such representations or warranties of any kind have been made by Seller or its representatives. (4) Buyer expressly waives and negates the righ to any express or implied warranties including, but not limited to, all implied warranties of merchantability, condition, suitability or fitness for any particular purpose, and all warranties with respect to quality, capacity, workmanship and latent defects. (5) Buyer acknowledges that the purchase of the Property will be on the basis of Buyer's own investigation of: (i) the physical conditions of the Property, including the soil subsurface and environmental conditions thereof; (ii) the operative or proposed governmental laws, regulations and requirements affecting or applicable to the Property and the terms and conditions of all applicable governmental permits and approvals; and (iii) the economic value, marketability, merchantability, feasibility, suitability or use of the Propert (6) Except for matters arising from or attributable to a material finding known to Seller and not disclosed to Buyer, and subject to satisfaction or waiver of th conditions to Close of Escrow, Buyer will acquire the Property an "AS IS" condition. Buyer assumes the risk that adverse physical conditions or the applicability and effect of such governmental laws, regulations and requirements may not have be revealed by Buyer's investigation. As used herein, "material" shall mean all substantive findings that would influence or ten to influence Buyer's decision to acquire the Property. (7) Seller shall have no obligation to correct any conditions or alleged defects discovered by Buyer during tk course of its investigation or thereafter. If Buyer discovers, subsequent to the Effective Date hereof but prior to Close of Escrow, a material defect in the Property which could not have been discovered by a reasonable and diligent investigation undertaken by Buyer prior to the Effective Date hereof, then Buyer shall have the right to terminate this Agreement and the Escrow by delivering written notice to Seller and Escrow Agent, BPHSD\EBS\0101841.04 12/06/94 -9- 0 0 unless Seller agrees in writing to cure such default. In the event of such termination, neither party shall have any further rights or obligations hereunder (except for any liabilities of Buyer pursuant to Section 6.1). (c) Waiver and Release. Buyer waives its rights to recover from Seller and its partners, and their respective shareholders, directors, officers, employees and agents, any an all damages, losses, liabilities, costs or expenses whatsoever (including attorneys' fees and costs) and claims therefor, whether direct or indirect, known or unknown, foreseen or unforeseen, which may arise on account of or in any way growing out of or connected with the physical condition of the Property or any law or regulation applicable thereto, including without limitation any of the Environmental Laws, excepting in all case those losses, liabilities, damages, costs or expenses, and clai therefor, arising from or attributable to (1) a material matter or finding known to Seller and not disclosed to Buyer, or (2) Seller's breach of any express representation or warranty set forth herein. Buyer expressly waives the benefits of Section 1542 of the California Civil Code, which provides as follows: "A general release does not extend to claims which the creditor does not know or expect to exist in his favor at the time of executing the release, which if known to him must have materially affected the settlement with the debtor. 11 (d) Hazardous Materials. If Buyer should discover during its investigation of the Property any Hazardous Material or other environmental condition subject to legal requirements for corrective or remedial action, Buyer shall, within a reasonable time, notify Seller in writing of the same. If such discovery is made after the Close of Escrow, Seller shall have liability to Buyer arising out of such discovery unless Buyer c establish that the Hazardous Material was known by Seller to be present on the Property prior to the Close of Escrow and that Seller failed to disclose the existence of such Hazardous Material to Buyer. Further, Buyer shall indemnify, protect, hc harmless and defend Seller and its shareholders, directors, officers, employees and agents, from and against any and all claims (including third-party claims), demands, liabilities, damages, costs and expenses, including without limitation investigatory expenses, clean-up or other remedial costs and any way connected with the deposit, disposal, release or other generation of Hazardous Materials on the Property after the Clc of Escrow by Buyer or by Buyer's agents, employees or contractors, or with Buyer's consent, and the efforts of Buyer and/or its contractors to correct or remedy the same. The attorneys' fees, of whatever kind or nature, arising from or in EPHSD\EES\0101841.04 12/06/94 -10- 0 0 obligations set forth in this Section 5.l(d) shall survive the Close of Escrow and shall not be merged with the Grant Deed. (e) Property Documents. Buyer acknowledges that all engineering studies and reports, surveys, soils/geotechnical reports, maps and other information which Buyer may receive froi Seller or its agents in connection with this sale transaction, are provided without any warranty (whether oral or written, express or implied) by Seller as to their accuracy, sufficiency or lack of defects; and the foregoing are provided on the expre condition that Buyer shall make its own independent verificatio of such information. Buyer agrees not to assert any liability Seller arising out of Seller’s providing of such information. (f) Gradinq. Seller has not undertaken any rough grading of the Property. Seller makes no representations or warranties as to the quality of the soils present on the Property. Seller has no obligation to perform any grading or other work or to construct any improvements to the Property. represents and warrants, as of the date of execution of this municipal corporation, duly formed, existing and in good standi under the laws of the State of California; (b) Buyer has full legal right, power and authority to execute and fully perform i obligations under this Agreement pursuant to its governing instruments and state and local laws, without the need for any further corporate action; and (c) the persons executing this Agreement and other documents required hereunder on behalf of Buyer are the duly designated agents of Buyer and are authorize to do so. 5.2 Buyer‘s Representations and Warranties. Buyer agrees Agreement and as of Close of Escrow, as follows: (a) Buyer is 5.3 Seller’s Rewesentations and Warranties. Seller agrees, represents and warrants, as of the date of execution of this Agreement and as of Close of Escrow, as set forth below in this Section 5.3. References to I1Seller’s knowledge1’ matters Ilknown to Seller,11 or words of like import as used herein mean and are limited to the actual, current knowledge of Seller, as opposed to imputed or constructive knowledge, and no duty of inquiry or investigation by Seller is implied or required. (a) Authority. Seller is a corporation, duly formed existing and in good standing under the laws of the State of California; Seller has full legal right, power and authority to execute and fully perform its obligations under this Agreement pursuant to its governing instruments, without the need for any further action; and the persons executing this Agreement and other documents required hereunder on behalf of Seller are the duly designated agents of Seller and are authorized to do so. BPHSD\EBS\O101841.04 12/06/94 -11- 0 a (b) Non-Foreiqn Affidavit, Seller is not a foreign person and is a United States person as defined in Section 7701(a) (30) of the Internal Revenue Code, as amended (IlCodeIl). Prior to Close of Escrow, Seller shall deliver to Escrow (with l copy to Buyer) an affidavit, executed and sworn to under penalty of perjury, substantially in the form attached hereto as Exhibit I1C1l. Seller is a corporation qualified to do business and maintains an office in the State of California. Seller wil not instruct Escrow Agent to disburse any proceeds due to Selle upon the Close of Escrow to an address outside the boundaries o the State of California, and will not use a financial intermediary as defined in California Revenue and Taxation Code Section 18805(d) for the receipt of proceeds from this transaction. (c) Hazardous Materials. Seller has no knowledge, except as otherwise disclosed to Buyer in writing, of any relea of any Hazardous Materials onto the Property. To Seller‘s knowledge, no summons, citation, directive, order or other communication has been issued to Seller arising out of or relating to the presence of Hazardous Materials on the Property Prior to the Effective Date, Buyer has had the right and opportunity to perform an independent environmental assessment the physical condition of the Property, including the subsurfac thereof. (d) Bankruptcy. Seller has not: (1) made a general assignment for the benefit of creditors; (2) filed any voluntar petition in bankruptcy or been subject to the filing of an involuntary petition by Seller’s creditors; (3) had a receiver appointed to take possession of all or substantially all of Seller’s assets; (4) suffered the attachment or other judicial seizure of all or substantially all of Seller’s assets; (5) admitted in writing its inability to pay its debts as they come due; or (6) made an offer of settlement, extension or composition to its creditors generally. (e) Chanse in Representation or Warranty. If Seller learns of any material fact or circumstance that causes any representation or warranty of Seller set forth above to become untrue, Seller shall notify Buyer in writing as soon as is reasonably possible after Seller learns of such fact or circumstance. If such disclosure is made, Seller shall not be breach of such representation or warranty as a result of such fact or circumstance, and Buyer shall have the right to termina this Agreement by delivering written notice to Seller and Escro Agent, unless Seller agrees in writing to cure the material fac or circumstance so that the representation or warranty of Selle will be true and correct. In the event of such termination, neither party shall have any further rights or obligations hereunder (except for any liabilities of Buyer pursuant to Section 6.1). BPHSD\EBS\0101841.04 12/06/94 -12- a 0 5.4 Real Estate Commissions. Each party represents and warrants to the other party that no brokers or finders have bee, employed or are entitled to a commission or compensation in connection with this transaction as a result of the action or agreement of the indemnifying party. Each party agrees to indemnify, hold harmless, protect and defend the other party (a its partners and their respective officers, directors, shareholders, employees, agents, successors and assigns) from a against any obligation or liability to pay any such commission compensation arising from the act or agreement of the indemnifying party. representations and warranties given by Buyer and Seller in thi Article 5, and all obligations under this Agreement to be performed after Close of Escrow, shall survive the Close of Escrow and delivery of the Grant Deed to Buyer; provided, however, that all representations and warranties by Seller shal terminate one (1) year after the Closing Date, except for any representation or warranty which Buyer claims to have been breached, as long as (a) Buyer has notified Seller of a claim o breach (identifying such breach in reasonable detail) within su one (1)-year period and (b) Buyer files a lawsuit for breach of such representation or warranty and gives notice thereof to Seller within three (3) months after the expiration of such one year period. 5.5 Survival of Warranties and Oblisations. The ARTICLE 6 ADDITIONAL OBLIGATIONS 6.1 Buyer’s Access to Property. (a) Terms of Entry. Seller has allowed prior to the Effective Date, and Seller shall continue to allow between the Effective Date and the Close of Escrow or earlier termination o this Agreement, reasonable access to the Property by Buyer (and its employees, agents, representatives and contractors), during normal business hours, upon reasonable notice to Seller, in ord to inspect, conduct reasonable soils tests, environmental assessment work, engineering studies and surveys and other investigations required by Buyer, at Buyer’s sole cost. In connection with any such entry, Buyer: (1) shall perform all work in a safe manner; (2) shall not permit any hazardous condition to remain on the Property; (3) shall repair any damag or disturbance to the Property; (4) shall keep the Property fre and clear of all mechanics‘ or materialmen’s liens arising out Buyer‘s activities; and (5) shall comply with all Environmental Laws, all other governmental laws, ordinances and requirements, and the conditions of all permits applicable to such work. BPHSD\EBS\O101841.04 12/06/94 -13- 0 0 (b) Indemnity. Buyer shall indemnify, protect, hold harmless and defend Seller (and its officers, directors, shareholders, employees, agents, contractors, successors and assigns) and Seller’s property from and against any and all liabilities, liens, claims, damages, costs, expenses, suits or judgments (including attorneys’ fees and court costs) for labor or services performed or materials furnished to or for Buyer, o for personal injury, death or property damage, arising out of entry upon the Property, or any adjacent land owned by any representatives or contractors, or any breach of the provisions of this Section 6.1 by Buyer. 6.2 Development and Improvement Oblisations. As used herein, the l1ApprovalsIr means all existing permits, approvals a other entitlements issued by governmental authorities relating the subdivision, development and/or improvement of the Property the terms and conditions thereof, and all agreements or other documents entered into pursuant thereto. Certain of these Approvals have been issued by Buyer in its municipal capacity. As provided in Section 5.l(a), Buyer has reviewed and is famili with the Approvals. As additional consideration to Seller for the conveyance of the Property to Buyer, the parties agree as follows: affiliate of Seller, by Buyer or its employees, agents, (a) Assumption/Termination of Approvals. Effective the Closing Date, Buyer shall assume all obligations and limited to the following: liabilities of Seller under the Approvals, including, but not (1) Grading and erosion control [P.E. 2.91.271; (2) Subdivision Improvement Agreement [CT 85-17 (3) Hold Harmless Agreement - Drainage [CT 85-1 (4) Agreement to pay drainage fees [P.E. 2.91.2 (5) Indemnity Agreement - Flight Path Restricte Document No. 1991-06163161; CT 85-17, Document No. 1991-06162451; Zone [Document No. 1991-06375571; (6) Carlsbad Municipal Water District ( llCMWD1l) Agreements I, I1 and 111, dated January 19, (7) Hold Harmless Agreement - Drainage [Documen 1992; NO. 85-2302381 ; BPHSD\EBS\0101841.04 12/06/94 -14- 0 0 (8) Coastal Development Permit; and (9) Grading Permit. Buyer’s assumption of the Approvals shall specifically include the assumption of all obligations thereunder to construl or contribute to the construction of public improvements or facilities and to pay public facilities fees or other monetary exactions. From and after the Closing, Seller shall have no Notwithstanding such assumption, Buyer shall have the right, at Buyer’s option, to terminate all or any portion of the Approval Seller shall cooperate with such election to terminate, if requested by Buyer, by executing all documents reasonably required to evidence the termination of such Approvals, includi any documents to be recorded to remove such agreements as an exception to title to the Property. obligation or liability whatsoever pursuant to the Approvals. (b) Existinq Deposits. As provided in Section 2.3, Buyer shall return to Seller existing deposits previously delivered by Seller to Buyer in connection with the Approvals, the total amount of THREE HUNDRED SEVENTY-FIVE THOUSAND FOUR HUNDRED EIGHT AND N0/100 DOLLARS ($375,408). (c) Existins Bonds. In connection with the Approval Seller has previously posted certain bonds with Buyer, as follows : (1) Faithful Performance/Warranty; (2) Labor and Materials - CMWD [dated November 12, 19911 $801,500 to Grading and Erosion Control L2.91.17, dated November 12, 19911 $5,605,745 (3) Subdivision Monumentation [CT 85-171 $10,000 (4) Labor and Materials [CT 85-171 $2,909,160 (5) Faithful Performance/Warranty $5,818,320 [CT 85-17] TOTAL $15,144,725 Effective as of the Closing Date, Buyer shall release each of t foregoing bonds and all obligations of Seller secured thereby a deliver to Seller written evidence of such release, in order tc permit cancellation of such bonds by the surety; and Seller sha have no further liability with respect to the obligations secur by such bonds. (d) Indemnitv. Buyer shall indemnify, protect, hold harmless and defend Seller (and its officers, directors, shareholders, employees, agents, contractors, successors and assigns) from and against any and all liabilities, liens, clain EPHSD\EES\0101841.04 12/06/94 -15- 0 0 - damages, costs, expenses, suits or judgments (including attorneys' fees and court costs) arising on or after the Closinl Date as a result of the Approvals or any liabilities or obligations arising thereunder, or the bonds to be cancelled as described in Section 6.2 (c) . 6.3 Damaqe or Destruction. If, prior to the Closing Date any part of the Property is damaged or destroyed by fire or 0th casualty, Seller shall promptly give notice thereof to Buyer. such casualty materially, adversely affects the value of the Property or its suitability for Buyer's intended purpose, as reasonably determined by Buyer, Buyer may elect, by delivering written notice to Seller within ten (10) days after receipt of Seller's notice, to terminate this Agreement and the Escrow, unless Seller agrees, within five (5) days after Seller's recei of such termination notice, to cure the damage on or before the Closing Date. In the event of such termination, neither party shall have any further rights or obligations hereunder (except for any liabilities of Buyer pursuant to Section 6.1). If Buye does not deliver written notice of termination within said 10-d period, then the parties shall continue performance under this Agreement and the Escrow, without modification of any of its terms and without any reduction in the Purchase Price. Seller shall have no obligation to repair or restore the Property and liabilities or obligations to Buyer, and Buyer shall have no claims for damages or other remedies against Seller, as a resul of such damage or destruction of the Property. 6.4 Condemnation. If, prior to the Closing Date, Seller receives actual notice that a condemnation or eminent domain action is filed against the Property or any part thereof (or th a taking is pending or contemplated), but excluding any condemnation or taking by Buyer, Seller shall promptly give notice thereof to Buyer. If such taking is of all or a significant portion of the Property, Buyer may elect, by delivering written notice to Seller within ten (10) days after receipt of Seller's notice, to terminate this Agreement and the Escrow. In the event of such termination, neither party shall have any further rights or obligations hereunder (except for an liabilities of Buyer pursuant to Section 6.1). For purposes of this Section 6.4, the taking of a "significant portion" means a taking such that the value of the Property is materially impair or reduced. If Buyer does not deliver written notice of termination within said 10-day period, or if other than a significant portion of the Property as described above is taker then: (a) the parties shall continue performance under this Agreement and the Escrow, without modification of any of its terms and without any reduction in the Purchase Price; and (b) Seller shall assign and deliver to Buyer, subject to and effective upon the Closing Date, all of Seller's interest in tk award for such taking. Buyer shall have no other remedies BPHSD\EBS\O101841.04 12/06/94 -16- 0 0 - against Seller as a result of such condemnation except as set forth in this Section. 6.5 Possession. Possession of the Property shall be delivered by Seller to Buyer on the Closing Date after recordation of the Grant Deed. All risk of loss and damage to the Property from whatever source shall be the sole responsibility of Buyer after the Close of Escrow. ARTICLE 7 GENERAL PROVISIONS 7.1 Assiqnment. (a) BY Seller. Seller shall have the right to assig its rights hereunder with the prior written consent of Buyer, which consent shall not be unreasonably withheld. Any permitte assignee shall assume Seller's obligations hereunder, and Selle shall be released from all such obligations as of the date of such permitted assignment. (b) By Buyer. Prior to the Close of Escrow, Buyer m not assign its rights or delegate its duties hereunder without the express, prior written consent of Seller, which consent may be withheld in Seller's sole discretion, and any assignment or delegation without such consent shall be null and void. Any permitted assignee shall specifically assume all obligations, representations and warranties of Buyer under this Agreement an under any additional escrow instructions executed pursuant hereto, shall be bound by all approvals previously given (or deemed given) by Buyer hereunder, and shall provide a warranty authority comparable to Section 5.2. Subject to the foregoing the terms, covenants and conditions herein contained shall be binding upon and inure to the benefit of the successors and assigns of Seller and Buyer. 7.2 Attorneys' Fees. If either party commences legal proceedings for any relief against the other party arising out this Agreement, the losing party shall pay the prevailing party legal costs and expenses, including, but not limited to, reasonable attorneys' fees and costs as determined by the court The prevailing party shall be that party receiving substantial1 the relief sought in the proceeding, whether brought to final judgment or not. referred to in this Agreement shall include all Saturdays, Sundays and state or national holidays, unless the period of ti specifies business days. The term "business days" means days other than Saturdays, Sundays and state or national holidays. the date or last date to perform any act or give any notice or 7.3 Computation of Time Periods. All periods of time BPHSD\EBS\O101841.04 12/06/94 -17- 0 e - approval shall fall on a Saturday, Sunday or state or national holiday, such act or notice shall be deemed to have been timely performed or given if performed or given on the next business day. 7.4 Conflict of Interest. Conflicts of interest relating to this Agreement are strictly prohibited. Except as otherwise expressly provided herein, neither Buyer nor any director, employee or agent of Buyer shall give to or receive from any director, employee or agent of Seller any gift, entertainment o other favor of significant value, or any commission, fee or rebate. Likewise, neither Buyer nor any director, employee or agent of Buyer shall enter into any business relationship with any director, employee or agent of Seller (or of any affiliate Seller), unless such person is acting for and on behalf of Seller, without prior written notification thereof to Seller. 7.5 Construction. The captions and paragraph headings us in this Agreement are inserted for convenience of reference on1 and are not intended to define, limit or affect the constructio or interpretation of any term or provision hereof. This Agreement shall not be construed as if it had been prepared by only Buyer or Seller, but rather as if both Buyer and Seller ha prepared the same. 7.6 Counterparts. This Agreement or any escrow instructions pursuant to this Agreement may be executed in multiple copies, each of which shall be deemed an original, but all of which shall constitute one Agreement after each party ha signed such a counterpart. 7.7 Entire Asreement. This Agreement, together with all exhibits attached hereto and other agreements expressly referre to herein, constitutes the entire agreement between the parties with respect to the purchase and sale of the Property. All pri or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party, shall be of any effect unless i is in writing and executed by the party to be bound thereby. This Agreement supersedes the offer to purchase submitted by Buyer to Seller dated October 19, 1994 and the counteroffer submitted by Seller to Buyer dated November 1, 1994. 7.8 Exhibits. All exhibits referred to herein are attach hereto and incorporated herein by reference. 7.9 Further Assurances. The parties agree to perform SUC further acts and to execute and deliver such additional documer and instruments as may be reasonably required in order to carry BPHSD\EES\0101841.04 12/06/94 -18- 0 0 - out the provisions of this Agreement and the intentions of the parties. 7.10 Gender, Number. As used herein, the singular shall include the plural and the masculine shall include the feminine wherever the context so requires. 7.11 Governins Law. This Agreement shall be governed, interpreted, construed and enforced in accordance with the laws of the State of California. 7.12 Modification. Waiver. No modification, waiver, amendment or discharge of this Agreement shall be valid unless the same is in writing and signed by both Buyer and Seller. Thl escrow instructions shall be considered a part of this Agreemen. and no provision in said escrow instructions shall supersede or contradict the provisions of this Agreement, unless the parties agree in writing to such change. The exercise of any remedy provided by the provisions of this Agreement or at law or in equity shall not exclude any other remedy, unless it is express. excluded. 7.13 Mutual Covenants. In consideration of the mutual promises of the parties hereto, and of the execution of this Agreement by the parties, each party hereby agrees in good fait1 to utilize commercially reasonable efforts in connection with tl performance of all obligations and satisfaction of conditions hereunder, and in connection with the taking of any and all actions necessary with respect to any investigation, review, or other procedure required in order to enable such party to grant or withhold its consent or approval as provided for herein, it being the intention of each party that such covenant of good faith and utilization of commercially reasonable efforts shall deemed sufficient and valid consideration for the promises of each party hereunder. contrary, wherever any consent or approval of a party is requirl hereunder, such party shall not unreasonably withhold or delay such consent or approval. Absent an express statement to the 7.14 No Other Inducement. The making, execution and delivery of this Agreement by the parties hereto has been inducl by no representations, statements, warranties or agreements othl than those expressed herein. Notice to either party shall be in writing a. 7.15 Notice. either personally delivered or sent by an overnight courier service such as Airborne, Federal Express or Purolator, or by first-class mail, registered or certified mail, postage prepaid return receipt requested, addressed to the party to be notified at the address specified herein. Any such notice shall be deem1 received on the date of receipt if personally delivered or sent by overnight courier to the party (or such party’s authorized BPHSD\EBS\0101841.04 12/06/94 -19- t 0 0 representative) or three (3) business days after deposit in the U.S. Mail, as the case may be. SELLER: Huntington Beach Company c/o Chevron Land and Development Company ATTN: Mark Urban 1660 Hotel Circle North, Suite 620 San Diego, California 92108 Phone: (619) 692-3811 Fax : (619) 692-0211 With a Brobeck, Phleger & Harrison copy to: ATTN: Ellen B. Spellman, Esq. 550 West C Street, Suite 1300 San Diego, California 92101 Phone: (619) 699-0258 Fax : (619) 234-3848 BUYER : THE CITY OF CARLSBAD ATTN: Frank Mannen, 1200 Carlsbad Village Drive Carlsbad, California 92008 Assistant City Manager With a THE CITY OF CARLSBAD copy to: ATTN: Ronald Ball, Esq. 1200 Carlsbad Village Drive Carlsbad, California 92008 Either party may change its address for notice by delivering written notice to the other party as provided herein. Buyer an Seller, and their respective counsel, hereby agree that notices from Buyer or Seller may be given by their respective counsel a that for the purpose of giving such notice, either party's counsel may communicate directly with the other party. 7.16 Severability. If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of compete jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or conditi of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 7.17 Successors. Subject to the restriction on assignment contained herein, all terms of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the partie hereto and their respective heirs, legal representatives, successors, and assigns. EPHSD\EBS\0101841.04 12/06/94 -20- a 0 7.18 Time. Time is of the essence of each provision of th Agreement, including without limitation all time deadlines for 4 satisfying conditions and Close of Escrow. THE SUBMISSION OF THIS AGREEMENT FOR EXAMINATION OR THE NEGOTIATION OF THE TRANSACTION DESCRIBED HEREIN DOES NOT CONSTITUTE AN OFFER TO SELL BY SELLER, AND THIS AGREEMENT DOES NOT CONSTITUTE A BINDING CONTFSCT UNTIL EXECUTED BY SELLER. [Remainder of This Page Intentionally Left Blank1 BPHSD\EBS\0101841.04 12/06/94 -21- * 0 0 * [Signature Page Attached to Purchase and Sale Agreement and Escrow Instructions] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be effective as of the date first above written. I' SELLER" HUNTINGTON BEACH COMPANY, a California corporation By : Title: 'I BUYER 'I THE CITY OF CARLSBAD, a municipal corporation By : Claude Lewis, Mayor BPHSD\EBS\0101841.04 12/06/94 -22- 4 0 0 * CONSENT OF ESCROW AGENT - SELLER : HUNTINGTON BEACH COMPANY, a California corporation BUYER : THE CITY OF CARLSBAD, a municipal corporation ESCROW NO.: 1103 14 0 -TE .............................................................. The undersigned ( l1 Escrow Agent II ) hereby : (1) acknowledges delivery of a Purchase and Sale Agreement and Escrow Instructio ( llAgreementll) dated , 1994 between the Seller and Buyer identified above, on , 1994 which shall constitute the "Opening of Escrowll pursuant to Section 3.1 of t Agreement: and (2) agrees to act as the Escrow Agent in accordance with the provisions of the Agreement. ESCROW AGENT: FIRST AMERICAN TITLE INSURANCE COMPANY By : Escrow Officer EPHSD\EBS\0101841.04 12/06/94 CONSENT OF ESCROW AGENT , * 0 a . LIST OF EXHIBITS A Grant Deed B General Escrow Provisions C Non-Foreign Affidavit BPHSD\EBS\O101841.04 12/06/94 LIST OF EXHIBITS v 0 0 EXHIBIT "A" WHEN RECORDED, MAIL TO: 1 1 THE CITY OF CARLSBAD ) Attn: ) ) ) MAIL TAX STATEMENTS TO: ) ) SAME AS ABOVE 1 1 1 1 ) A Portion of Tax Assessor's Parcel No. Amount of Documentary Transfer Tax shown on attached paper--not for public record. CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HUNTINGTON BEACH COMPANY, a California corporatio ("Grantor"), hereby grants to THE CITY OF CARLSBAD, CALIFORNIA, municipal corporation (I1Granteel1), the real property located in the City of Carlsbad, County of San Diego, State of California, described as follows and hereinafter referred to as the "Property" : Lots 1 through 26 of Carlsbad Tract No. 85-17, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 12903, filed in the Office of the County Recorder of San Diego County on December 13, 1991. SUBJECT TO: 1. All general and special real property taxes and assessments, not delinquent. 2. All conditions, covenants, easements, liens, restrictions, and other encumbrances and matters of record in t Office of the County Recorder of San Diego County, California. BPHSD\EBS\0101841.04 12/06/94 A- 1 . 0 0 3. Matters that can be ascertained by a reasonable inspection and/or survey of the Property. IN WITNESS WHEREOF, Grantor has executed this Corporation Grant Deed on I 199-. GRANTOR : HUNTINGTON BEACH COMPANY, a California corporation By : Title: 6PH50\€~5\0101841.04 12/06/94 A- 2 1 0 0 1 STATE OF CALIFORNIA ) COUNTY OF 1 1 ss On , before me, Notary Public, personally appeared I personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signature (s) on the instrument the person(s), or the entity upon behalf of which th person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature [SEAL] [Remainder of Page Intentionally Left Blank] BPHSD\EBS\0101841.04 12/06/94 A-3 1 0 0 [Signature Page to Corporation Grant Deed] CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Corporation Grant Deed dated fro HUNTINGTON BEACH COMPANY, a California corporation, to the CITY OF CARLSBAD, CALIFORNIA, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, Californi pursuant to resolution No. , adopted on and the grantee consents to the recordation thereof by its duly authorized officer. DATED : , 1994 By : ALTHEA L. RAUTENKRANZ, City Clerk STATE OF CALIFORNIA 1 COUNTY OF 1 ) ss On , before me, Notary Public, personally appeared I satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signature (s) on the instrument the person(s), or the entity upon behalf of which th person(s) acted, executed the instrument. personally known to me (or proved to me on the basis of WITNESS my hand and official seal. Signature [SEAL] BPHSD\EBS\0101841.04 12/06/94 A-4 1L 0 0 EXHIBIT IIB" GENERAL ESCROW INSTRUCTIONS [First American Title Insurance Company] 1. Deposit of Funds and Disbursements. You shall deposi all funds received in this escrow in any bank insured by an agency of the United States Government, including your affiliat bank, First American Trust Company, in one or more of your general escrow demand accounts. These funds may be transferred to any other general escrow demand account or accounts, includi those maintained in your affiliated bank. All disbursements shall be made by your check, or at the request of the party entitled to a disbursement, by wire transfer, provided that suc party provides appropriate instructions to you and pays your wi transfer fee in connection therewith. You are authorized not t close escrow or disburse until good funds have been confirmed i escrow. 2. Prorations and Adjustments. The expression Ilclose of escrowll used in this escrow means the date of which instruments referred to herein are recorded and relates only to prorations and/or adjustments unless otherwise specified. All prorations and/or adjustments are to be made on the basis of a 30-day mont unless otherwise instructed in writing. 3. Recordation of Instruments. You are authorized to record any documents delivered through this escrow, the recordi of which is necessary or proper in the issuance of the requeste policy of title insurance. 4. [Intentionally Deleted.] 5. Authorization to Furnish Copies. You are to furnish copy of these instructions, amendments thereto, closing stateme and/or any other documents deposited in this escrow to the lend or lenders, and/or the attorney or attorneys involved in this transaction upon request of the lenders, brokers or attorneys. 6. Personal Property Taxes. No examination or insurance as to the amount or payment of personal property taxes is required unless specifically requested. cancel this escrow shall file notice of cancellation in your office, in writing. You shall, within a reasonable time thereafter, mail, by certified mail, one copy of the notice to each of the other parties at the addresses stated in this escrc Unless written objection to cancellation is filed in your offic by a party within ten (10) days after date of mailing, you are authorized at your option to comply with the notice and demand payment of your cancellation charges as provided in this 7. Risht of Cancellation. Any party instructing you to BPHSD\EBS\0101841.04 12/06/94 B-1 . 7 0 0 \ agreement. If written objection is filed, you are authorized a your option to hold all money and instruments in this escrow an take no further action until otherwise directed, either by the competent jurisdiction. * parties mutual written instructions, or final order of a court 8. Action of Interpleader. The parties hereto expressly agree that you, as Escrow Holder, have the absolute right at yo election to file an action in interpleader requiring the partie to answer and litigate their several claims and rights among themselves and you are authorized to deposit with the clerk of the court all documents and funds held in this escrow. In the event such action is filed, the parties jointly and severally agree to pay your cancellation charges and costs, expenses and reasonable attorney's fees which you are required to expend or incur in the interpleader action, the amount thereof to be fixe filing of the action, you shall thereupon be fully released and discharged from all obligations to further perform any duties o obligations otherwise imposed by the terms of this escrow. and judgment therefor to be rendered by the court. Upon the 9. Termination of Asency Oblisations. If there is no action taken on this escrow within six (6) months after the "ti limit date" as set forth in the escrow instructions or written extension thereof, your agency obligation shall terminate at yo option and all documents, monies and other items held by you shall be returned to the parties depositing same. In the event of cancellation of this escrow, whether it be at the request of any of the parties or otherwise, the fees and charges due First American Title Insurance Company, including expenditures incurr and/or authorized shall be borne equally by the parties hereto (unless otherwise agreed to specifically). 10. Conflictins Instructions. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein or affected hereby, you shall have the right to discontinue any or all further acts on your part until the conflict is resolved to your satisfaction, and you shall have t further right to commence or defend any action or proceedings f the determination of the conflict as provided in paragraphs 7 a 8 of these General Escrow Instructions. 11. [Intentionally Deleted.] 12. Usurv. You are not to be concerned with any question or usury in any loan encumbrances involved in the processing of this escrow and you are hereby released of any responsibility c liability therefor. 13. Indemnity for Attorneys' Fees and Costs. In the ever suit is brought by any party to this escrow, including the escY and title company or any other party, as against each other or BPHSD\EBS\O101841.04 12/06/94 B-2 f 0 0 I others, including the escrow and title company, claiming any right they may have as against each other or against the escrow and title company, then in that event, the parties hereto agree that the losing party shall pay to the prevailing party any attorney‘s fees and costs incurred by the prevailing party. 14. Amendments to Escrow Instructions. Any amendment or supplement to these escrow instructions must be in writing. These escrow instructions, together with the Purchase and Sale Agreement and Escrow Instructions to which these General Escrow Instructions are attached, constitute the entire escrow between the escrow holder and the parties hereto. acknowledges that there may be supplemental and/or additional taxes which may be assessed by reason of a change in ownership completion of construction pursuant to Chapter 498 Statutes of 1983 of the State of California. This will be reflected in the policy of title insurance issued at the close of escrow. Escro Holder shall not be concerned with any adjustment(s) of supplemental taxes between the parties for bills received by th parties after the close of escrow. In the event Seller has received Supplemental Tax Bill(s), Seller will provide same to escrow Holder with an explanation of time periods covered by sa tax bill(s) for proration purposes. 16. Preliminary Chanqe of Ownership Form. Buyer will furnish you with a completed Preliminary Change in Ownership Report pursuant to Section 480.3 of the Revenue and Taxation Co which you are instructed to submit with the Grant Deed. In the event this escrow is otherwise ready to close and Buyer has not provided the above report, you are instructed to close this escrow and collect from Buyer for the County Recorder an additional $20.00 fee for recordation of deed that is without Preliminary Change in Ownership Report. Buyer is aware that if the above report is not submitted with the Grant Deed, a Change in Ownership statement must be filed by the Buyer with the Coun Assessor not later than 45 days after recordation of the Grant Deed and failure to do so will result in additional penalties. Buyer acknowledges that Escrow Holder shall have no responsibility and/or liability for the County Recorder’s acceptance or rejection of said Preliminary Change in Ownership Report. 17. Good Funds Law. The parties understand that ALL fund, to close escrow must be deposited into escrow prior to the date of closing to allow sufficient time for clearance of such funds prior to disbursement. form of a cashiers, certified or teller check drawn on a financial institution, sufficient time must be allowed for clearance to comply with section 1413.1 of the California Insurance Code. Funds may be wired directly into First American‘s depository bank account to avoid waiting for clearance. 15. Supplemental Taxes. Buyer and Seller herein In the event such funds are not in the BPHSD\EBS\0101841.04 12/06/94 B-3 * 9 a 0 i .. 18. ReDortins to the Internal Revenue Service. Buyer and w Reporting Certificationr1 (Form 1099) completed and signed by ea Seller acknowledge that they are aware that Escrow Holder will not close this escrow without being in receipt of "Real Estate of the undersigned Sellers as required by the Tax Report Act of 1986. 19. Tax Reportinq and Withholdins Oblisations of the Parties. STATE LAW: [Intentionally Deleted.] FEDERAL LAW: [Intentionally Deleted.] With respect to both State Law and Federal Law, the parties t.o this transaction are seeking an attorney's, accountant's or other tax specialist's opinion concerning the effect of these laws on this transaction or are relying on tliei own knowledge of these laws. The parties to this transaction a NOT acting on or relying on any statements made or omitted by t Escrow Officer, Title Officer, or other closing officer with respect t.o tax reporting or withholding requirements. 20. Fax Transmittals. The undersigned parties instruct Escrow Holder and agree that First American Title Insurance Company may, during the course of this escrow, receive 'IFAX" transmitt.als from or on behalf of the parties herein for informational purposes only. acknowledge that prior to Escrow Holder's close or cancellation of this file or release of any funds held herein that Escrow Holder will require the original hard copy of any such rrFAX1r material. The parties further agree and 21. Asreement Resardins Cancellation Instructions. Prior agreement, if any, notwithstanding, in the event either party h the right of cancellation, the parties agree to sign such instructions as may be necessary to effect the cancellation of this escrow. 22. Exchanse Parties. All references to Seller and Buyer above, shall mean First Party and Second Party, respectively,, i: an exchange escrow transaction. 23. [Intentionally Deleted.] TIME: IS OF THE ESSENCE OF THESE INSTRUCTIONS. If this escrow is not in condition to close by the closing date referrec to in the: body of the instructions, and demand for cancellation is received by you from any party to this escrow after said datc you shall. act in accordance with the cancellation instructions contained in the general provisions. cancellat,ion is made, you will proceed to close this escrow whe: the principals have complied with the escrow instructions. If no demand for EPHSD\EBS\0101841.04 12/06/94 B-4 b f e e EXHIBIT IrC" .-x .. AFFIDAVIT [Non-Foreign Affidavit Pursuant to FIRPTA] - SELLER : HUNTINGTON BEACH COMPANY, a California corporati BUYER : THE CITY OF CARLSBAD, a municipal corporation PROPERTY: Lots 1-26 of Map No. 12903 ESCROW NO : 1103 14 0 -TE ............................................................... HUNTINGTON BEACH COMPANY, a California corporation (IISelle hereby certifies the following: 1. Seller is the owner of the Property identified above. other person or entity has an ownership interest in the Propert 2. Seller is not a foreign person and is a IIUnited State Persont1 as such term is defined in Section 7701(a) (30) of the Internal Revenue Code, as amended (the IrCodelr). 3. Seller's U.S. Tax Identification Number is: 94-303764 Seller's business address is: 23 Corporate Plaza, Suite 250, Newort Beach, California 92660. 4. This Affidavit is provided pursuant to Section 1445 c the Code which requires a transferror of a U.S. real property interest to withhold tax if the transferee is a foreign person. Seller understands that the purchaser of the Property intends t rely on this Affidavit in connection with the United States For Investment and Real Property Tax Act (FIRPTA). The undersigned, the general partners of Seller, hereby declare under penalty of perjury that the foregoing is true and correct. DATED : SELLER : HUNTINGTON BEACH COMPANY, a California corporation By : Title: BPHSD\EBS\0101841.04 1Z/OSp4 c-1 B SUBJECTTO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. PRESIDCIX I A'i'TZST fl& L &&@& SECRETARY tx,LuwuivS FKUIVI uJVtHAGt The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees arise by ream of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, rei or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or here: !and; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; 01 protec?ion, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice or the e of Policy. resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Gr a notice of a defect, lien or encumbrance resulting from a violation or alleged violation aff ecting the land has been recorded in the put (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, li 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 taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser- for value without knowledge. (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in Writ (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy; or (e) resulting in !oss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insure( 4. Any claim, which arises out of the transaction vesting il! the Insured the estate or interest insured by this policy, by reason of the operation of state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential trans 3. Defects, liens, encumbrances, adverse claims or other matters: by the insured claimant prior to the date the insured claimant became an insured under this policy; failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CON DIT1 ONS AND ST1 PU LATi ONS by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required Proof of loss Or damage, the Company's obiigations 10 the insured under the Policy shall tYmin2te, includinu any Ilabili'Y Or obiigation 10 defend, Prosecute, or continu-ee-any litigation. with :egard to the matlei Or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized represefitative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its pmission, in writing, for any authorized rep- resentative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and mem- oranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claiman: provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, prcduce otiier reasonably requested infxrnation or grant permission to secure reasonablji necesSary inforrna- prohibited by law or governmental regulation, shall terminate any liability of the Company under this pclicy as to that claim 6. oPT'oNS To pAy OR OTHERWiSE SEnLE CLAtMS; TERMINATION OF LIABILITY. In case cf a claim under this policy, the Company shall 1. DEFINITION OF TERMS. for any loss or damage caused the (b) In the event of any litigatii the Company or with the Company' shall have no liability for loss or dan a final determination by a Court Of and disposition of all appeals there 2s insured. (c) The Company shall not damage to any insured for liability vo insu,ed in settling any claim or suit consent of the Company. 1o, REDUCTION oF INSURANCE TERMINATION OF LIABILITY All payments under this policy for costs, attorneys, fees and exPC amount of the inSurance pro tanto, ll. L,ABILIM NONCUMULATlVE It is expressly understood t suranceunderthis policyshal,berec Company may pay under any polic) which exception is taken in Schel insured has agreed, assumed, or la hereafter executed by an insured a lien on the estate o1 interest des, Schedule A, and the amount so I The following terms when used in ?his policy mean: (a) "insured": the insured named in Schedu]e A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named Insured by operation of law as distinguished fronl purchase including, but fiOt limited to, heirs, distributees, devisees, survivors, personal representa- tives, next of kin, or corporate or fiduciary successors. (b) ,,insured claimant": an insured claiming ,oss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge 01 notice which may be imputed to an insured by leaSon Of the public records as defined In this policy or any other records which impattconstructive notice of matters affectiny the land. (d) "land': the land described or referred to in Schedule (A), and improvements affixed thereto which by law constitute real property. The term"1and" does not include any property beyond the lines of the area described or referred to in Schedule (A), nor any right, titie, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trusi dsed, or other security instrument. (f) "public recordst,: records established undei sfate statutes at Date of policy for the purpose of impaiiing purchasers for value and without knowledge, With respect to Section I (a)(iv) of the Exclusions From Coverage, llpublic records" shall also incude environmental protection liensfiled in the records of the clerk of the United States disirict court for the district in which the land is located. (9) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excltided or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER payinent under !his policy io the in: constructive notice 01 matters relating to real properiy to tion irom Third Parties as required In this Paragraph, WSS 12, PAYMENT OF LOSS, (a) No payment shall be mad policy for endorsement of the paymc been lost or destroyed, in which destruction shall be furnished to Company' (b) When iiability and the exte been definitely fixed in accordance M Stipulations, the loss or damage sh days thereafter. 13, SUBROGATlON UPON PAYM OR SETTLEMENT. (a) The Company's Right of Whenever the Company shall r,laim tinder this policy, all ribht oi : the Company unaffected by any act The Company shall be subrogated [~~~$~~~d$r$~~r ~~o~~~ had this policy not been issued. If req the insured claimant shall transfer tc and remedies against any person o order to perfect this right of su1 claimant shall permit the Company settle ifithe name ofthe insured clair, of the insured claimant in any t involving these rights or remedies. If a payment on account of a c the loss of the insured claimant, subrogated to these rights and rem which the Company's payment bea of the loss. If lcss should result from ~ claimant, as stated above, that act: but the Company, in that event, sha] that part Of any losses insured agai Shall exceed the amount, if any, II reason of the impairment by (he Company's right of subrogation, (b) The Company's Right5 have the following additional opbons: (a) To Pay or Tender Payment of the AmouLt of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by :he insured claimant, which were authorized by the Company, up to the time of paymerit or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than lo make the payment requiredb sha"terminatei inc'uding any liability or obligation to defend, prosecute, or continue any litigation, and the poiicy shall be surrendered to the Company 'or canceiiation. (b) TO Pay 01 Otherwise Settle With Parties Other than ihe Insured or With the lasured Claimant. (i) to pay Or otherivise Settle with other parties for Or in the name Of an insured claimant any claim instired against under this policy, together with any Costs, atiOrneyS' fees and expenses incurred by the insured claimant which were authorized by the Company UP to the time Of payment and which the Company is obligated to pay; or (ii) to pay Or otherwise settle with the insured claimant the bSS 01 damage provided for under this POliCY, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company UP to the time of payment and which the Company iS obligated to pay. Upon the exercise by the Company Of either Of the options provided for in paragraphs (bN) Or (ii), the Corn- PanY's obligations to the insured under this Policy for the claimed loss Or damage, orher than the Payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest ,1, the land, o, holds ai, !ndebtedness Secured by a purchase money mortgage giver: by a purchaser irom the insured, or only so long as the insured shall have liability by ,eaSOn of covenants of warranty made by the insured in any rransfer or conveyance of the EShk 01 interest. This policy shall not continue in torce in favor of any purchaserfrom the insured of either (1) an estate or interest in the land, or (ii) ai: indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in cas? knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case oreiudice the riohts of anv insured under thic nniir\r linl~~c YULULU YO IIILU(UUL. llllU I.'""UJ UIlUl, llVL v",,LtIIue 111 iu1l;e Ill (UJ IU I uy UI VLW~I VW~ VYLLI~ vvNill rdllles Ulllel lllilli the insured claimant shall transfer t( favor of any purchaser from the insured of either (i)an estate or interest in the land, or (ii) an indebtedness secured by a * purchase money mortgage given to the insured. 3. the hsured 01 with the bred Clairf~ant. (i) to pay Or otherdse Settle with other parties for or in the name of an insured Clailllant any Claim insbred against under this policy, together wi?h any Costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay Or otherwise Settle with the insured claimant the loss or damage Provided for under this PClicY, together with any costs, attorneys' fees and expenses ~~rred by the InsIJred claimant which were authorized by the Company UP to the the of Payment and which the company is obligated to Pay. Upon the exercise by the Company Of either Of the options Provided for in Paragraphs (b)(i) 01 (ii), the Corn- PanY's obligations to the insured mder this Policy for fne claimed loss 01 damage, other than the Payments required 10 be made, shall terminate. including any liability 01 obligation to defend, Prosecute Or continue any litigation. 7. DETERMINATION, EXTENT OF LlABlLlTY and remedies against any person o $rder to p&fect this right of su claimant shall permit the Company settle inthe name ofthe insured clain of the insured claimant in any i involving these rights or remedies, If a payment on account of a c the loss of the insured claimant, subrogated to these rights and ren which the Company's payment bea of the loss. If lcss should result from i claimant, as stated above, that act 5 but the company, in that event, shal that part of any losses insured agai shall exceed the amount, if any, 11 reason of the impairment by ihe Company's right of subrogation. (b) The Company's Rights 0 bligors. The Company's right of SUI insured obligors shall exist and limitation, the rights of the insured to olher policies of insurznce or bonr terms or conditions contained in tl provide for subrogation rights by r~ NQTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (ij in case of any litigation as set forth in Section 4(aj below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estat? or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the exlent of the prejudice. 4. OEFENSE AND PROSECUTION OF ACTIONS; OIJTY OF INSURED CLAIMANT TO COOPERATE. (a) upon written request by the insured and subjectto the options contained in Section 6 of these Conditions and herein described. 14. ARBITRATION. Stipulations, the Company, at its own cost and without insured in litigation in which any third party asserts a claim adverse io the title or interest as insured, but only as to thos? stated causes of action alleging a defect, lien or en- cumbrance or other matter insured against by this Policy. The Company shall have the ilght to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any Other counsel. The Company wiU not pay any fees, c0sts Or ex!Jenses incurred by the insured in the defcnse Of tnose causes of action which allege m&xs not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute ally action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether @r not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisiorls of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. the Company to prosecute or provide for th6 defense of any action or proceeding, the insured shall secure to the Company the right tO SO prosecute or provide defense in the action or proceeding, and all appeals therein, an3 permit the Company to use, at its option, tho, name of the insured for this purpose. Whenever requested by the Company, the insured, 8. APPORTXMlENT. at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action 01 proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest iis insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecde, or continue any litigation, with regard to the matter or matiers requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and swom to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encurnbrance on the title, or other matter insured against AN0 COINSURANCE. This policy is a contract of indemnity against actual monetary ioss or damage sustzined or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent (a) The liability of the Company tinder this policy shall unreasonable delay, shall provide for the defense of an not exceed the least 01: Unless prohibited by applical (i) the ArnoGnt Of InSUranGe Stated in Schedule A; or (iij the difference between the value Of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance inscred against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the Amount of Insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the hmnt of kurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall nct apply to Costs, attorneys' fees and expsnses for which the Company is liable under this Policy, and shall only apply 10 that Portion the Amount of 'nsurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 Of these Conditions and Stipulations. pany or the insured may demand ai Title Insurance Arbitration Rules of Associatiog, Arbitrable matters m; limited to, any controversy or clain and the insured arising out of or re service of the Company in connect1 the breach of a policy provision 1 arbitrable matters when the Am $1,000,000 or less shall be arbitrat( the Company or the insured. All arb! Amount of Insurance is in excess arbitrated only when agreed to by bo insured. Arbitration pursuant to thi Rules in effect on the date the demar or, at the option of the insured, the F Policy shall be binding upon the p include attorneys' fees only if the la! the land is located permit a court to a prevailing party. Judgment upon th Arbitrator@) may be entered in any I thereof. The law of the situs of the arbitration under the Title InSurance A copy of the Rules may Company upon request. 15. LIABILITY LIMITED TO THIS POLICY ENTIRE CONTRACT. (a) This policy together with E attached hereto by the Company i! contract belVieen the insured and tht ing any provision of this policy, this p as a whole. (b) Any claim of loss or da based on negligence, and which ari the titk to the estate or interest co\ action asserting such claim, shall be (c) No amendment of or end can be made except by a writing endc hereto signed by either the Presider Secretary, an Assistant Secretary, ( authorized signatory of the Compan! 16. SEVERABILITY. In the event any provision of tt or unenforceable under applicable li deemed not to include that provision shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be giver statement in writing required to be fl shall include the number ofthis policy to tine Company at 114 East Fifth Stret 92701, or to the office which issue( (d) In all cases where ttlis policy permits or reqcires of any loss which exceeds, in the aggregate, 10 percent of If the land described in Schedule (A)(C) consists oftwo or more parcels which are not used as a single site, and a loss is established affecting one or mo:e of the parcels but not all, the loss shall be computed and settled on a Pro rata basis as if the h'nount of hS~rance tu& this Policy was divided Pro rata as 10 the value on Date of policy of each separate Parcel to th whole, exCluSive Of any improvements made sub- sequent to Date of policy, unless a liability 01 value has otherwise been agreed Won as to e2ch Parcel by the Company and the insured at the time Of the issuance Of this policy and shown by an express statement or by an endorsement attached to this pclicy. 9, LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of meSS to 01 from the land, 01 Cures the claim of unmarketability Of title, all as insured, in a reasonzbly diligent mnner by any method, including litigation and the ComPle- tion of any appeals therefrom, it shall have fully Performed its obligations with respect to that matter and shall not be liable FORM NO. 1402.92 ORDER NO. 1104053 (10/17/92) ALTA OWNER'S EXTENDED COVERAGE POLICY RMF SCHEDULE A POLICY NO. 1104053 PREMIUM $1,446 AMOUNT OF INSURANCE $800,000.00 DATE OF POLICY: DECEMBER 15, 1994 AT 2:59 P.M. 1. NAME OF INSURED: THE CITY OF CARLSBAD, CALIFORNIA, A MUNICIPAL CORPORATION 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY TI POLICY IS: FEE 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: THE CITY OF CARLSBAD, CALIFORNIA, A MUNICIPAL CORPORATION 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOl SEE EXHIBIT "1" ATTACHED HERETO PAGE 1 FORM NO, 1402.92 ORDER NO, 1104053 (P0/17/92) ALTA OWNER'S EXTENDED COVERAGE POLICY SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMP WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE REASON OF: 1. SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FIS( YEAR 1994-1995, A LIEN NOT YET DELINQUENT. 2. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVR ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR W $38,704.85, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT RO. BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE $46,546.01, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVA ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR W- BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE 1 $50,704.82, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT ROI BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE : $60,977.03, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVAl BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR W ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR W: ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR W: BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE : $27,321.07, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT ROi ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR W BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE - $32,856.01, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVAE BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE 1 $42,015.54, PROVIDED CURRENT TAXES ARE PAID. ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR W1 PAGE 2 FORM NO. 1402.92 ORDER NO. 1104053 (10/17/92) ALTA OWNER’S EXTENDED COVERAGE POLICY A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT RO BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE $50,527.01, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVA ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR W ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR W $38,913.27, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT RO BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE : $46,797.20, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVAI BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE 1 $36,866.73, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT R01 BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE : $44,335.51, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVAI BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE . $31,007.75, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT ROi BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE 1 $37,289.56, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVAF ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WI BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE I $19,832.84, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT ROf ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WI BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE I $23,850.74, PROVIDED CURRENT TAXES ARE PAID. BE COLLECTED ON THE TAX ROLL, PRINCIPAL BALANCE ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR W. ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR W: ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR W: ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR W: ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR W: PAGE 3 FORM NO. 1402.92 ORDER NO. 1104053 (10/17/92) ALTA OWNER'S EXTENDED COVERAGE POLICY A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVA ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR W BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE $31 I 864.14, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT RO. BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE : $38,319.44, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVAI BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE : $24,814.55, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT ROi BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE . $29,841.69, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVAI ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR W' BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE i $33,984.24, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT ROT BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE I $40,869.06, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVAF ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WI BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE I $21,858.94, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT ROT ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR W1 BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE I $26,287.31, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVAR BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE I $22,830.21, PROVIDED CURRENT TAXES ARE PAID. ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR W. ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR W: ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR W' ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WI ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WI PAGE 4 FORM NO. 1402.92 ORDER NO. 1104053 (10/17/92) COVERAGE POLICY ALTA OWNER‘S EXTENDED A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT RO ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR W BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE $27,455.37, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVA ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR W BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE $19,289.76, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT RO, BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE $23,197.64, PROVIDED CURRENT TAXES ARE PAID. ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR W A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVA: ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR W BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE $21,921.60, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT RO. ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR W BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE . $26,362.68, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVAI ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR W: BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE : $32,501.21, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT R01 ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR W: BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE : $39,085.58, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVAI BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE : $53,086.02, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT RO? ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WI BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE 1 $63,840.65, PROVIDED CURRENT TAXES ARE PAID. ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR W: PAGE 5 FORM NO. 1402.92 ORDER NO. 1104053 (10/17/92) ALTA OWNER'S EXTENDED COVERAGE POLICY A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVA BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE $52,135.61, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT RO, BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE $62,697.70, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVA BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE $23,404.64, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT RO, ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR W BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE $28,146.15, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVAl ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR W BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE $33,106.96, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT RO, ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR W BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE $39,814.04, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVN BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE $48,271.40, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT RO, BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE $58,050.64, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVA BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE $19,571.74, PROVIDED CURRENT TAXES ARE PAID. ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR W ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR W ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR W ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR W ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR W ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR W PAGE 6 FORM NO. 1402.92 ORDER NO. 1104053 (10/17/92) ALTA OWNER'S EXTENDED COVERAGE POLICY A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT RO, ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR W BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE $23,536.75, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVA ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR W BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE $42,224.43, PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT RO BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE $50,778.60, PROVIDED CURRENT TAXES ARE PAID. ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR W 3. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF A ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OT APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXAT CODE I 4. SAID LAND LIES WITHIN THE BOUNDARIES OF SPECIAL TAX ASSESSM DISTRICT(S) CREATED BY A "COMMUNITY FACILITIES DISTRICT" 1 AND HIGHWAY CODE SECTION 3100, ET SEQ.) OF THE CALIFOR STATE LEGISLATURE. NOTE: UPON OFFICIAL FORMATION, POTENTIAL ADDITIONAL TAXES BE AUTHORIZED AND LEVIED BY THE DISTRICT WHICH WILL INCORPORATED INTO THE REGULAR PROPERTY TAX BILL AND MAD1 PART OF THE GENERAL TAX COLLECTION PROCESS. RECORDED UNDER THE PROVISIONS OF THE MELLO-ROOS ACT (STRE 5. AN EASEMENT FOR PUBLIC ROAD AND INCIDENTAL PURPOSES IN FA' OF SAN DIEGO COUNTY, RECORDED OCTOBER 5, 1899 IN BOOK 2 PAGE 292 OF DEEDS. THE ROUTE OR LOCATION CANNOT BE DETERMINED FROM S. INSTRUMENT. 6. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGRO CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECT COMPANY BY INSTRUMENT RECORDED APRIL 15, 1954 IN BOOK 52 PAGE 419 OF OFFICIAL RECORDS, LOCATED WITHIN LOTS 5, 21, 23 AND 24 AS SHOWN ON MAP NO. 12903. PAGE 7 FORM NO. 1402.92 ORDER NO. 1104053 (10/17/92) COVERAGE POLICY ALTA OWNER'S EXTENDED REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULA; 7. AN EASEMENT FOR A LINE OF INDEPENDENT LINES OF POLES AND, STEEL TOWERS AND WIRES AND/OR CABLES SUSPENDED THEREON 1 SUPPORTED THEREBY; UNDERGROUND CONDUITS, CABLES, VAULTS, , MANHOLES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRIC AND FOR ALL OTHER PURPOSES CONNECTED THEREWITH; FOR TELEPHO: SIGNAL, AND COMMUNICATION PURPOSES, INCLUDING GUYS, ANCHORAl CROSSARMS, BRACES, AND ALL OTHER APPLIANCES AND FIXTURES USE IN CONNECTION THEREWITH; ALSO FOR PIPELINES FOR ANY , ALL PURPOSES, TOGETHER WITH THEIR NECESSARY FIXTURES . APPURTENANCES AT SUCH LOCATIONS AND ELEVATIONS, UPON, ALO OVER, AND UNDER THE HEREINAFTER DESCRIBED RIGHT OF WAY, GRANTEE MAY NOW OR HEREAFTER DEEM CONVENIENT AND NECESS, FROM TIME TO TIME, TOGETHER WITH THE RIGHT OF INGRESS THER. AND EGRESS THEREFROM, TO AND ALONG SAID RIGHT OF WAY B1I PRACTICAL ROUTE OR ROUTES IN, UPON, OVER, AND ACROSS ' HEREIN DESCRIBED LAND, AND INCIDENTAL PURPOSES IN FAVOR OF I DIEGO GAS AND ELECTRIC COMPANY, RECORDED AUGUST 14, 1957 BOOK 6706, PAGE 514 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOI THE SOUTHWESTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARAL: WITH AND 50.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLl AND THE NORTHWESTERLY LINE OF SAID RIGHT OF WAY SHALL PARALLEL WITH AND 100 FEET NORTHEASTERLY, MEASURED AT RI( ANGLES, FROM THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID RANCHO A( HEDIONDA, DISTANT THEREON 3,427.40 FEET EASTERLY FROM COR: NO. 13 OF LOT G, AS SHOWN ON SAID PARTITION MAP; THENCE NO, 28O51'09" WEST, A DISTANCE OF 5,474.83 FEET; THENCE NO1 34O44'58" WEST, A DISTANCE OF 1,463.61 FEET TO A POINT IN' WESTERLY LINE OF LOT F OF SAID RANCHO AGUA HEDIONDA, WH LAST MENTIONED POINT BEARS SOUTH 87O25'01" EAST, A DISTANCE 2,025.08 FEET; THENCE SOUTH 6O48'36" WEST, A DISTANCE 1,218.96 FEET; THENCE SOUTH OO26'31" EAST, A DISTANCE 1,047.85 FEET FROM CORNER NO. 6 OF LOT F, ACCORDING TO Si PARTITION MAP. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAl AFFECTS LOTS 2, 3, 4, 7, 8, 11, 15, 16 AND 25. PAGE 8 FORM NO. 1402.92 ORDER NO. 1104053 (10/17/92) ALTA OWNER'S EXTENDED COVERAGE POLICY 8. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTUR EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF R SURVEY NO. 1534 WHERE REQUIRED FOR THE CONSTRUCTION MAINTENANCE OF SAID ROAD AS GRANTED IN DEED RECORDED FEBRU 16, 1960 AS FILE NO. 31696 AND AUGUST 16, 1960 AS FILE 165716, BOTH OF OFFICIAL RECORDS. SAID INSTRUMENT FURTHER RECITES: AND, THE SAID GRANTOR DOES HEREBY WAIVE ALL CLAIM LOCATION, ESTABLISHMENT, AND CONSTRUCTION OF SAID HIGHWAY REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAI AFFECTS LOTS 12, 13, 14, 15, 18, 19, 20, 23, 24, 25 AND 2( 9. AN EASEMENT FOR STREET, HIGHWAY, PUBLIC UTILITY, i INCIDENTAL PURPOSES IN FAVOR OF EMILY K. SWITTERS; IRWIN KELLY; TITLE INSURANCE AND TRUST COMPANY, A CORPORATION, ITS CAPACITY AS TRUSTEE OF A CERTAIN TRUST OF WHICH IRWIN KELLY WAS TRUSTOR; MAXINE T. SMITH; BARBARA JEAN K. HIGD( GRAHAM M. KELLY; AND TO THALIA KELLY CONSIDINE, IN 1 CAPACITY AS EXECUTRIX OF THE ESTATE OF GENEVIEVE KELl DECEASED, RECORDED JANUARY 12, 1961 AS FILE NOS. 6641 i 6642, BOTH OF OFFICIAL RECORDS, LOCATED OVER, UNDER, ALOI AND ACROSS THE NORTHERLY 30 FEET OF LOTS 2, 3, 4 AND 5. THE RIGBT OF OTHERS TO USE SAID EASEMENT AS CONVEYED RESERVED IN VARIOUS OTHER INSTRUMENTS OF RECORD. COMPENSATION FOR ANY AND ALL DAMAGES ON ACCOUNT OF 10. AN EASEMENT FOR PIPELINE(S) FOR ANY AND ALL PURPOSES, TOGETI WITH THEIR NECESSARY FIXTURES AND APPURTENANCES, INCLUDII BUT NOT LIMITED TO, CONDUITS AND CABLES FOR POWER TRANSMISSI AND COMMUNICATION PURPOSES AND INCIDENTAL PURPOSES IN FAVOR CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED OCTOBER 19, 1s AS FILE NO. 181401 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOF A STRIP OF LAND 12 FEET IN WIDTH, ADJACENT TO Z SOUTHWESTERLY FROM THE SOUTHWESTERLY LINE OF AN EASEMENT Z RIGHT OF WAY 150.00 FEET IN WIDTH, AS GRANTED TO THE SAN DIE GAS AND ELECTRIC COMPANY, BY DEED RECORDED AUGUST 14, 1957 BOOK 6706, PAGE 514 OF OFFICIAL RECORDS, THE NORTHEASTEE LINE OF SAID 12.00 FOOT STRIP BEING THE SOUTHWESTERLY LINE SAID 150.00 FOOT RIGHT OF WAY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAE PAGE 9 FORM NO. 1402.92 ORDER NO. 1104053 (10/17/92) ALTA OWNER'S EXTENDED COVERAGE POLICY AFFECTS LOTS 2, 3, 4, 8, 11, 15, 16 AND 25. 11. AN IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUB' RIGHT OF WAY PURPOSES, DATED SEPTEMBER 6, 1977 IN FAVOR OF ' COUNTY OF SAN DIEGO UPON THE TERMS AND CONDITIONS CONTAII OFFICIAL RECORDS. THE ROUTE THEREOF IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT G OF RANCHO AGUA HEDIONDA, IN THE COU? OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THERI NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER, DESCRIE AS FOLLOWS: COMMENCING AT CORNER NO. 12 OF LOT G, AS SHOWN ON RECORD SURVEY MAP, NO. 7938, ON FILE IN THE OFFICE OF THE COUP ENGINEER OF SAID COUNTY; THENCE ALONG THE BOUNDARY OF SAID I G, NORTH 71O27'49" EAST, 546.48 FEET (NORTH 70O54'27" EA5 546.53 FEET PER RECORD OF SURVEY MAP NO. 7938) TO THE TF POINT OF BEGINNING; THENCE CONTINUING ALONG THE BOUNDARY SAID LOT G, SOUTH 59O15'20" EAST, 1,176.06 FEET (SO1 7938); THENCE SOUTH 89O13'35" EAST (SOUTH 89O46'41" EAST P RECORD OF SURVEY MAP NO. 7938), 299.22 FEET; THENCE LEAVI THE BOUNDARY OF SAID LOT G, SOUTH 01O29'39" WEST, 30.00 FEE THENCE PARALLEL WITH THE BOUNDARY OF SAID LOT G, NOR 89O13'35" WEST, 306.87 FEET; THENCE NORTH 59O15'20" WES 1,170.33 FEET; THENCE SOUTH 71O27'49" WEST, 91.38 FEET TO 7 BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCA SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SA CURVE, THROUGH A CENTRAL ANGLE OF 69O33'58", A DISTANCE 24.28 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 01O53'5 WEST, 1,018.35 FEET TO THE BEGINNING OF A TANGENT 970.00 FC RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY A SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTR ANGLE OF 24°41'03", A DISTANCE OF 417.90 FEET; THENCE TANGE TO SAID CURVE SOUTH 22O47'12" EAST, 183.88 FEET TO T BEGINNING OF A TANGENT 1,030.00 FOOT RADIUS CURVE, CONCA WESTERLY; THENCE SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC 1 SAID CURVE, THROUGH A CENTRAL ANGLE OF 19°28/3811, A DISTAN OF 350.14 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 03O18'3 EAST, 234.53 FEET TO THE BEGINNING OF A TANGENT 20.00 FOI RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTER ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE I 105°55'5111, A DISTANCE OF 36.98 FEET TO A POINT IN THE ARC 1 SAID CURVE, TO WHICH A RADIAL LINE BEARS SOUTH 19O14'25" EAS' THEREIN, RECORDED SEPTEMBER 7, 1977 AS FILE NO. 77-367341 59O47'49" EAST, 1,175.97 FEET PER RECORD OF SURVEY MAP h PAGE 10 FORM NO. 1402.92 ORDER NO. 1104053- (10/17/92) ALTA OWNER'S EXTENDED COVERAGE POLICY THENCE LEAVING SAID CURVE ALONG THE PROLONGATION OF Si RADIAL LINE, SOUTH 19O14'25" EAST, 13.00 FEET TO THE NORTHEI LINE OF COUNTY OF SAN DIEGO ROAD SURVEY NO. 1534 (PAL01 AIRPORT ROAD, 100.00 FEET WIDE), ON FILE IN THE OFFICE OF r COUNTY ENGINEER OF SAID COUNTY; THENCE ALONG SAID NORTHEI LINE OF SAID ROAD SURVEY, SOUTH 70O45'35" WEST, 61.42 FEI THENCE LEAVING SAID NORTHERLY LINE NORTH, 03O18'34" WE! 283.12 FEET TO THE BEGINNING OF A TANGENT 1,000.00 FOOT RAD: CURVE, CONCAVE WESTERLY; THENCE NORTHERLY AND NORTHWESTEI ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE 19O28'38", A DISTANCE OF 339.94 FEET; THENCE TANGENT TO Si CURVE, NORTH 22O47'12" WEST, 183.88 FEET TO THE BEGINNING A TANGENT 1 , 000.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THE1 NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CUR' THROUGH A CENTRAL ANGLE OF 24°41'03", A DISTANCE OF 430 FEET; THENCE TANGENT TO SAID CURVE, NORTH 01°53'51" EA; ABOVE MENTIONED LOT G; THENCE ALONG THE BOUNDARY OF SAID : G, NORTH 71O27'49" EAST (NORTH 70O54'27" EAST PER RECORD SURVEY MAP NO. 7938), 139.87 FEET TO THE TRUE POINT BEGINNING. AFFECTS LOTS 1, 2, 3, 4, 5, 9, 12 AND 26. 1,053.08 FEET TO AN INTERSECTION WITH THE BOUNDARY OF ' 12. A HOLD HARMLESS AGREEMENT, DATED JUNE 13, 1985, UPON ' TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE CITY OF CARLSBAD i RECORDED: JUNE 27, 1985 AS FILE NO. 85-230238 OF OFFIC HUNTINGTON BEACH COMPANY. RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULA AFFECTS LOTS 5, 6, 7 AND 16 THROUGH 25, 13. AN EASEMENT FOR PUBLIC UTILITY PURPOSES/STORM DRAIN , INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, MUNICIPAL CORPORATION, RECORDED JULY 3, 1985 AS FILE NO. 239992 OF OFFICIAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT . AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULA AFFECTS LOT 16. PAGE 11 FORM NO. 1402.92 ORDER NO. 1104053- (10/17/92) ALTA OWNER'S EXTENDED COVERAGE POLICY 14. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES IN FAVOR THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED J1 AS FOLLOWS: PARCEL A: 3, 1985 AS FILE NO. 85-239993 OF OFFICIAL RECORDS, DESCRI: A STRIP OF LAND 15.00 FEET IN WIDTI-I, LYING 7.50 FEET ON El SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LIN COMMENCING AT THE MOST WESTERLY CORNER OF RECORD OF SURVEY r NO. 6493, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF Si COUNTY I OF SAID STATE; THENCE ALONG THE SOUTHWESTERLY BOUNDi LINE OF SAID RECORD OF SURVEY MAP NO. 6493, SOUTH 47O28': EAST (SOUTH 48O01'52" EAST PER RECORD OF SURVEY NO. 649: 2,296.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAV: SAID SOUTHWESTERLY BOUNDARY LINE SOUTH 22O53' 02" EAST, 196 FEET TO A POINT HEREIN DESCRIBED AS POINT ''Al" , SAID PO: ALSO BEING THE POINT OF TERMINUS. THE SIDE LINES OF SAID EASEMENT SHALL BE EXTENDED OR SHORTEI TO BEGIN IN SAID SOUTHWESTERLY BOUNDARY LINE OF RECORD SURVEY MAP NO. 6493 AND TO END AT RIGHT ANGLES THROUGH r POINT OF TERMINUS. PARCEL IIAl" : A STRIP OF LAND 30.00 FEET IN WIDTH, LYING 15.00 FEET ON Ed SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINl BEGINNING AT THE ABOVE DESCRIBED POINT "Al"; THENCE SO1 22O53'02" EAST, 35.00 FEET TO THE POINT OF TERMINUS. THE SIDE LINES OF SAID EASEMENT SHALL BEGIN AT RIGHT ANGI THROUGH THE POINT OF BEGINNING AND END AT RIGHT ANGLES THROI THE POINT OF TERMINUS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAI AFFECTS LOT 23. PAGE 12 FORM NO. 1402.92 ORDER NO. 1104053 (10/17/92) ALTA OWNER’S EXTENDED COVERAGE POLICY 15. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES F DATED APRIL 25, 1985, UPON THE TERMS, COVENANTS, , CONDITIONS CONTAINED THEREIN, EXECUTED BY AND BETWEEN: HUNTINGTON BEACH COMPANY i THE CITY OF CARLSBAD, MUNICIPAL CORPORATION. RECORDED: JULY 10, 1985 AS FILE NO. 85-246096 OF OFFIC RECORDS. 16. THE HEREIN DESCRIBED PROPERTY LIES WITHIN THE PROP0 BOUNDARIES OF ASSESSMENT DISTRICT NO. 86-1, PALOMAR AIRP( ROAD, AS SHOWN ON DIAGRAM RECORDED JANUARY 29, 1986 AS F: NO. 86-037400 OF OFFICIAL RECORDS. 17. THE HEREIN DESCRIBED PROPERTY LIES WITHIN THE COLLl BOULEVARD ASSESSMENT DISTRICT, SHOWN ON DIAGRAM RECORDED MAf 26, 1986 AS FILE NO. 86-116365, AS EVIDENCED BY NOTICE ASSESSMENT RECORDED MARCH 26, 1986 AS FILE NO. 86-116366 OFFICIAL RECORDS. 18, AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FI DATED SEPTEMBER 18, 1986, UPON THE TERMS, COVENANTS, 1 CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: HUNTINGTON BEACH COMPANY i THE CITY OF CARLSBAD, MUNICIPAL CORPORATION. RECORDED: OCTOBER 1, 1986 AS FILE NO. 86-439759 OF OFFIC: RECORDS. 19. A NOTICE OF ASSESSMENT FOR ASSESSMENT DISTRICT NO. 8t (PALOMAR AIRPORT ROAD) RECORDED JULY 7, 1988 AS FILE NO. I 329467 OF OFFICIAL RECORDS. 20. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURE EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF PALOb AIRPORT ROAD WHERE REQUIRED FOR THE CONSTRUCTION I MAINTENANCE OF SAID ROAD AS GRAMTED IN DEED RECORDED NOVEME 30, 1988 AS FILE NO. 88-611266 OF OFFICIAL RECORDS. PAGE 13 FORM NO. 1402.92 ORDER NO. 1104053- (10/17/92) ALTA OWNER'S EXTENDED COVERAGE POLICY SAID INSTRUMENT FURTHER RECITES: THE GRANTOR, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, HERE WAIVES ANY CLAIM FOR ANY AND ALL DAMAGES TO GRANT05 CONVEYED BY REASON OF THE LOCATION, RECONSTRUCTION LANDSCAPING OF SAID HIGHWAY IN THE MANNER PROPOSED. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULM AFFECTS LOT 18. REMAINING PROPERTY CONTIGUOUS TO THE RIGHT-OF-WAY HERE 21. THE PRIVILEGE AND RIGHT TO EXTEND DFL4INAGE STRUCTURE EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF PALOP AIRPORT ROAD WHERE REQUIRED FOR THE CONSTRUCTION I! MAINTENANCE OF SAID ROAD AS GRANTED IN DEED RECORDED NOVEMB 30, 1988 AS FILE NO. 88-611267 OF OFFICIAL RECORDS. SAID INSTRUMENT FURTHER RECITES: THE GRANTOR, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, HERE WAIVES ANY CLAIM FOR ANY AND ALL DAMAGES TO GRANTOR CONVEYED BY REASON OF THE LOCATION, RECONSTRUCTION LANDSCAPING OF SAID HIGHWAY IN THE MANNER PROPOSED. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAR AFFECTS LOTS 18, 19, 20, 23 AND 24. REMAINING PROPERTY CONTIGUOUS TO THE RIGHT-OF-WAY HERE 22. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURE EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF HIDD VALLEY ROAD WHERE REQUIRED FOR THE CONSTRUCTION A MAINTENANCE OF SAID ROAD AS GRANTED IN DEED RECORDED NOVEMB 30, 1988 AS FILE NO. 88-611268 OF OFFICIAL RECORDS, SAID INSTRUMENT FURTHER RECITES: THE GRANTOR, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, HERE WAIVES ANY CLAIM FOR ANY AND ALL DAMAGES TO GRANTOR CONVEYED BY REASON OF THE LOCATION, RECONSTRUCTION ( LANDSCAPING OF SAID HIGHWAY IN THE MANNER PROPOSED. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAR! REMAINING PROPERTY CONTIGUOUS TO THE RIGHT-OF-WAY HERE PAGE 14 FORM NO. 1402.92 ORDER NO. 1104053- (10/17/92) ALTA OWNER'S EXTENDED COVERAGE POLICY AFFECTS LOTS 1, 9, 12 AND 26. 23. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURI EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF PALOP AIRPORT ROAD WHERE REQUIRED FOR THE CONSTRUCTION P MAINTENANCE OF SAID ROAD AS GRANTED IN DEED RECORDED NOVEME 30, 1988 AS FILE NO. 88-611269 OF OFFICIAL RECORDS. SAID INSTRUMENT FURTHER RECITES: THE GRANTOR, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, HERE WAIVES ANY CLAIM FOR ANY AND ALL DAMAGES TO GRANTOF REMAINING PROPERTY CONTIGUOUS TO THE RIGHT-OF-WAY HERE CONVEYED BY REASON OF THE LOCATION, RECONSTRUCTION LANDSCAPING OF SAID HIGHWAY IN THE MANNER PROPOSED. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAR AFFECTS LOTS 14 AND 15. 24. AN EASEMENT FOR THE INSTALLATION, CONSTRUCTION, MAINTENANC REPAIR, REPLACEMENT, RECONSTRUCTION AND INSPECTION OF ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL AND A STRUCTURES INCIDENTAL THERETO, AND FOR THE FLOWAGE OF A WATERS IN, OVER, UPON OR THROUGH SAID CHANNEL AND INCIDENT PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED NOVEMB 30, 1988 AS FILE NO. 88-611270 OF OFFICIAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT A AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAR AFFECTS LOT 16. 25. AN EASEMENT FOR THE INSTALLATION, CONSTRUCTION, MAINTENANC REPAIR, REPLACEMENT, RECONSTRUCTION AND INSPECTION OF ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL AND A STRUCTURES INCIDENTAL THERETO, AND FOR THE FLOWAGE OF A WATERS IN, OVER, UPON OR THROUGH SAID CHANNEL AND INCIDENT PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED NOVEMB 30, 1988 AS FILE NO. 88-611271 OF OFFICIAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AI AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAR! PAGE 15 FORM NO. 1402.92 ORDER NO. 1104053 (18/17/92) ALTA OWNER'S EXTENDED COVERAGE POLICY AFFECTS LOT 23. 26. AN EASEMENT FOR THE INSTALLATION, CONSTRUCTION, MAINTENAN REPAIR, REPLACEMENT, RECONSTRUCTION AND INSPECTION OF ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL AND , STRUCTURES INCIDENTAL THERETO, AND FOR THE FLOWAGE OF , PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED NOVEM. WATERS IN, OVER, UPON OR THROUGH SAID CHANNEL AND INCIDEN 30, 1988 AS FILE NO. 88-611272 OF OFFICIAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT , AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAE AFFECTS LOT 14. 27. AN EASEMENT FORA PRESSURE REDUCING STATION, INCLUDING BUT 1 LIMITED TO, CONDUITS AND CABLES FOR POWER TRANSMISSION I COMMUNICATION PURPOSES, TOGETHER WITH THE RIGHT OF INGRI THERETO, EGRESS THEREFROM AND INCIDENTAL PURPOSES IN FAVOR COSTA REAL MUNICIPAL WATER DISTRICT, RECORDED NOVEMBER 1 1988 AS FILE NO. 88-611273 OF OFFICIAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT I AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTI AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMI SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUII FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAI AFFECTS LOT 24. 28. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FE DATED SEPTEMBER 17, 1990, UPON THE TERMS, COVENANTS, I! CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: HUNTINGTON BEACH COMPANY, CORPORATION AND THE CITY CARLSBAD . RECORDED: NOVEMBER 6, 1990 AS FILE NO. 90-600883 OF OFFICI RECORDS. PAGE 16 FORM NO. 1402.92 ORDER NO. 1104053- (10/17/92) ALTA OWNER'S EXTENDED COVERAGE POLICY 29. NOTICE OF SPECIAL TAX LIEN FOR COMMUNITY FACILITIES DISTR: NO. 1, RECORDED MAY 20, 1991 AS FILE NO. 91-0236959 OFFICIAL RECORDS. 30. AN AGREEMENT REGARDING DRAINAGE FEES, DATED NOVEMBER 13, 19! UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THERE: EXECUTED BY AND BETWEEN: HUNTINGTON BEACH COMPANY, CALIFORNIA CORPORATION AND I CITY OF CARLSBAD, A MUNICI: CORPORATION. RECORDED: NOVEMBER 27, 1991 AS FILE NO. 91-0616245 OFFICIAL RECORDS, REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAI 31. A HOLD HARMLESS AGREEMENT DATED OCTOBER 23, 1991, UPON 1 TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: HUNTINGTON BEACH COMPANY, CALIFORNIA CORPORATION AND 1 CITY OF CARLSBAD. RECORDED: NOVEMBER 27, 1991 AS FILE NO. 91-0616316 OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAF 32. A INDEMNITY AGREEMENT DATED NOVEMBER 15, 1991, UPON THE TERP COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: HUNTINGTON BEACH COMPANY, CALIFORNIA CORPORATION AND 1 CITY OF CARLSBAD. RECORDED: DECEMBER 10, 1991 AS FILE NO. 91-0637551 OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAR 33. AN OFFER AND THE REJECTION OF SAID OFFER SUBJECT TO 'I PROVISIONS OF SECTION 66477.2 OF THE GOVERNMENT CODE OF T STATE OF CALIFORNIA FOR THE DEDICATION OF THAT PORTION OF L STREET AND PUBLIC UTILITY EASEMENT PURPOSES HEREON", AS SHC ON THE MAP OF SAID TRACT, WHICH PROVIDES THAT A REJECTED OFF OF DEDICATION SHALL REMAIN OPEN AND SUBJECT TO FUTL ACCEPTANCE BY THE CITY OF CARLSBAD. 2 DESIGNATED "PORTION OF HIDDEN VALLEY ROAD DEDICATED F PAGE 17 FORM NO. 1402.92 ORDER NO. 1104053- (10/17/92) ALTA OWNER‘S EXTENDED COVERAGE POLICY 34. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE F RIGHTS OF INGRESS OR EGRESS TO OR FROM PALOMAR AIRPORT RC ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON h NO. 12903. AFFECTS LOTS 13, 14, 15, 18, 19, 20, 23, 24, 25 AND 26. 35. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE 2! RIGHTS OF INGRESS OR EGRESS TO OR FROM COLLEGE BOULEVA ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON i” NO. 12903. AFFECTS LOTS 5, 6, 16, 17, 18, 21 AND 25. 36. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE P RIGHTS OF INGRESS OR EGRESS TO OR FROM HIDDEN VALLEY RO ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON M NO. 12903. AFFECTS LOTS 1, 2, 9, 12 AND 26. 37. AN EASEMENT FOR OPEN SPACE AND INCIDENTAL PURPOSES DELINEATED AND DESIGNATED ON MAP NO. 12903, SUBJECT TO A TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS: LOT 2 AS SHOWN THEREON. 38. AN EASEMENT FOR SIGHT CORRIDOR AND INCIDENTAL PURPOSES DELINEATED AND DESIGNATED ON MAP NO. 12903, SUBJECT TO AI TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS: LOTS 1, 2, 3, 17, 18, 20 AND 21 AS SHOWN THEREON 39. AN EASEMENT FOR SEWER AND INCIDENTAL PURPOSES AS DELINEATI AND DESIGNATED ON MAP NO. 12903, SUBJECT TO ANY TERMS Al CONDITIONS CONTAINED THEREIN. AFFECTS: LOT 23 AS SHOWN THEREON. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES AS DELINEATI AND DESIGNATED ON MAP NO. 12903, SUBJECT TO ANY TERMS AI CONDITIONS CONTAINED THEREIN. AFFECTS: LOTS 1, 2, 7, 8, -16, 18, 19, 20, 24, 25 AND 26 I: 40. SHOWN THEREON. PAGE 18 FORM NO. 1402.92 ORDER NO. 1104053- (10/17/92) ALTA OWNER'S EXTENDED COVERAGE POLICY 41. A RECITAL AS SHOWN ON MAP NO. 12903 AS FOLLOWS: FLIGHT PATH RESTRICTED-USE ZONE I11 WITHIN THIS ZONE, 1 FOLLOWING LOT COVERAGES FOR POTENTIAL USES WILL BE APPLII UNLESS BUILDINGS ARE CONSTRUCTED ON THESE LOTS OUTSIDE ? FLIGHT PATH RESTRICTED-USE ZONE. 1) WAREHOUSES OR SIMILAR USES-MAXIMUM 75% LOT COVERAGE. 2) OFFICES OR SIMILAR USES-MAXIMUM 35% LOT COVERAGE. 3) NO STORAGE OR MANUFACTURE OF EXPLOSIVES OF HIGE FLAMMABLE MATERIALS WILL BE ALLOWED WITHIN THIS ZONE. AFFECTS LOTS 17, 20, 21 AND 22. 42. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTION RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIC AND CHARGES BUT DELETING RESTRICTIONS, IF ANY, BASED ON RAC COLOR, RELIGION OR NATIONAL ORIGIN AS CONTAINED IN T DECLARATION OF RESTRICTIONS RECORDED DECEMBER 13, 1991AS FI NO. 91-0646772 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY TH DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED T ANY REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONE SHALL BE SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED TRUST OR FIRST MORTGAGE. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHA NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE DEED OF TRUST MADE FOR VALUE. AN EASEMENT FOR WATER LINE AND INCIDENTAL PURPOSES IN FAVOR 1 CARLSBAD MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY, RECORD: MARCH 11, 1992 AS FILE NO. 1992-0133693 OF OFFICIAL RECORD: DESCRIBED AS FOLLOWS: 43. PAGE 19 FORM NO. 1402.92 ORDER NO. 1104053- (10/17/92) ALTA OWNER'S EXTENDED COVERAGE POLICY BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2 AS SHOWN SAID PARCEL MAP NUMBER 6331; THENCE ALONG THE NORTHERLY LI OF SAID PARCEL 2 NORTH 71O27'15" EAST 21.34 FEET TO A POINT A LINE THAT IS 20.00 FEET EASTERLY AND PARALLEL TO T WESTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID PARALL LINE SOUTH 01°53'18" WEST 842.80 FEET; THENCE LEAVING SA PARALLEL LINE SOUTH 46O53'18" WEST 11.31 FEET; THENCE NOR 01°53'181r EAST 16.28 FEET; THENCE NORTH 88O06'42" WEST 12. FEET TO A POINT IN SAID WESTERLY LINE OF SAID PARCEL 2; THEN ALONG SAID WESTERLY LINE NORTH 01O53'18" EAST 827.07 FEET THE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAR AFFECTS LOT 2. 44. AN EASEMENT FOR WATER LINE AND INCIDENTAL PURPOSES IN FAVOR CARLSBAD MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY, RECORD DESCRIBED AS FOLLOWS: MARCH 11, 1992 AS FILE NO. 1992-0133694 OF OFFICIAL RECORD BEGINNING AT A POINT ON THE CENTERLINE OF COUNTY OF SAN DIE, ROAD SURVEY NUMBER 1534, KNOWN AS PALOMAR AIRPORT ROAD, ( FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY, i ENGINEERS STATION 78 + 25.34 E.C.; THENCE ALONG SA: CENTERLINE SOUTH 78O20'57" EAST (NORTH 78O20'53" WEST PER SA R.S. 1534) 1,177.59 FEET; THENCE LEAVING SAID CENTERLINE, i RIGHT ANGLE, NORTH 11O39'03" EAST 63.00 FEET TO A POINT ON TI NORTHERLY RIGHT OF WAY LINE OF SAID PALOMAR AIRPORT ROAD PI THAT EASEMENT FOR PUBLIC HIGHWAY, PUBLIC UTILITY AI INCIDENTAL PURPOSES, TO THE CITY OF CARLSBAD RECORDED NOVEMBI 11, 1988 AS FILE N0.88-611267 OF OFFICIAL RECORDS OF SAID Si DIEGO COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNINC THENCE CONTINUING NORTH 11O39'03" EAST 103.08 FEET TO A POII! ON THE ARC OF A NON-TANGENT 60.00 FOOT RADIUS CURVE, CONCAT NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOU7 26O07'43" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CUR1 THROUGH A CENTRAL ANGLE OF 19°15'2811, A DISTANCE OF 20.17 FEE TO A POINT IN THE ARC OF SAID CURVE TO WHICH A RADIAL LIP BEARS SOUTH 06O52'15" WEST; THENCE LEAVING SAID CURVE SOU7 11°39'03" WEST 101.38 FEET TO A POINT IN THE ABOVE MENTIONE ALONG SAID RIGHT OF WAY LINE NORTH 78O20' 57" WEST 20.00 FEI TO THE TRUE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS NORTHERLY RIGHT OF WAY LINE OF PALOMAR AIRPORT ROAD; THEN( PAGE 20 FORM NO. 1402.92 ORDER NO. 1104053- (10/17/92) ALTA OWNER'S EXTENDED COVERAGE POLICY AFFECTS LOTS 20 AND 23. 45. AN EASEMENT FOR WATER LINE AND INCIDENTAL PURPOSES IN FAVOR CARLSBm MUNICIPAL WATER DIgTRICT, A PUBLIC AGENCY, RECORD MARCH 11, 1992 AS FILE NO. 1992-0133695 OF OFFICIAL RECORC DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY CORNER OF LOT 76 OF CARLSBAD TRA 1985 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIE RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SA POINT BEARS NORTH 43O32'28" WEST; SAID CURVE BEING T NORTHWESTERLY RIGHT OF WAY LINE OF COLLEGE BOULEVARD PER TH EASEMENT, FOR PUBLIC HIGHWAY AND INCIDENTAL PURPOSES, TO T CITY OF CARLSBAD RECORDED JULY 3, 1985 AS FILE NO. 85-2399 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THEN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTR ANGLE OF 02O02'51", A DISTANCE OF 50.07 FEET TO A POINT IN T ARC OF SAID CURVE TO WHICH A RADIAL LINE BEARS NORTH 45O35' 1 WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THEN A CENTRAL ANGLE OF 00°36'49", A DISTANCE OF 15.00 FEET TO POINT IN THE ARC OF SAID CURVE TO WHICH A RADIAL LINE BEAI NORTH 46O12'08" WEST; THENCE LEAVING SAID CURVE AI NORTHWESTERLY RIGHT OF WAY LINE OF COLLEGE BOULEVARD ALONG LINE LYING 20.00 FEET SOUTHWEST AND PARALLEL WITH TI SOUTHERLY LINE OF THAT SAN DIEGO GAS & ELECTRIC COMPAI EASEMENT PER DOCUMENT NUMBER 49242 RECORDED APRIL 15, 1954 BOOK 5205, PAGE 419 OF OFFICIAL RECORDS OF SAID SAN DIE( COUNTY; NORTH 47O28'18" WEST 347.72 FEET; THENCE NOR OOo 52' 18" EAST 51.43 FEET TO THE NORTHERLY LINE OF THAT PARCl OF LAND SHOWN AS DESCRIPTION NO. 3, 78.07 ACRES PER RECORD ( SURVEY MAP NUMBER 5715 FILED DECEMBER 19, 1960 IN THE OFFIC OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHERLY LIE SOUTH 89O07'42" EAST 7.50 FEET; THENCE NORTH 41O14'29" EA5 11.58 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH OOO52' 1E WEST 53.52 FEET TO THE SAID SOUTHERLY LINE OF HEREIN ABOT MENTIONED SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT; THEN( ALONG SAID SOUTHERLY LINE SOUTH 47°28'18" EAST 341.40 FEET 1 THE TRUE POINT OF BEGINNING. 81-46, ACCORDING TO MAP THEREOF NUMBER 11289, FILED JULY 1 COUNTY, SAID POINT BEING ON THE ARC OF A NON-TANGENT 1401. CONTIWING SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROU PAGE 21 FORM NO. 1402.92 ORDER NO. 1104053- (10/17/92) ALTA OWNER'S EXTENDED COVERAGE POLICY 46. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGES IN ARE ENCROACHMENTS OR ANY OTHER FACTS WHICH A CORRECT SURVEY WO'I DISCLOSE, AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. AN EASEMENT OR LESSER RIGHT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN STATED, INCLUDING INCIDENTAL PURPOSES, DISCLOSED BY A SURVEY OR INSPECTION OF SAID LAND FOR, ROADS AND TRAILS LOCATED ON SAID LAND. AFFECTS VARIOUS PORTIONS OF SAID LAND. PAGE 22 FORM NO. 1402.92 ORDER NO. 1104053- (l0/17/92 1 ALTA OWNER'S EXTENDED COVERAGE POLICY EXHIBIT "I." LOTS 1 THROUGH 26 OF CARLSBAD TRACT NO. 85-17, IN THE CITY CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIAf ACCORDING MAP THEREOF NO. 12903, FILED IN THE OFFICE OF THE COUNTY RECORC OF SAN DIEGO COUNTY, DECEMBER 13, 1991. PAGE 23 , 1 .. ., 1, ,* I """6 212-040 :%i! i3 f6 p GO .P2 5g 9 h) w N * @ W -0 mz P %% ., . UIO, A 4hl lQ "GC (0 VI0 'L. Gc )I 51 I 2> G; (2: 58 % :g CuO --x > WO XJ 3-0 U+ I 1, 73- 8 x 5 4 0 I P 3 P 52 d:. First American Title Insurance Company 411 IVY STREET SAN DIEGO, CALIFORNIA 92101 (619) 238-1776 CITY OF CARLSBAD Date: December 15, 1994 ATTN: Prank Mannen Escrow No. li03140TE 1200 Carlsbad Village Drive CarLsSad, CA 92008 College Business Park Property Address: Carlsbad, CA We have completed the above numbered escrow and enclose the following items: Check for $185.95 representing excess deposit Final settlement statement Original Purchase Agreement Original Real Estate Withholding Certificate Original Non-Foreign Affidavit Copy of conformed Grant Deed All recorded documents will be mailed direct to the proper parties by the Count Recorder's office. Thank you for the opportunity to assist you in this transaction. Should you require any further information, please do not hesitate to contact the undersigned. Very truly yours, $77fpzG* lylarta Hyde Assistant to Trish Erickson [iii ,om Z 2. .I rj% .% .% .*. mw .. c: >: :< x x .. .. ". .. ... ... ... 8 :.: .. CITY OF CARLSBAD One Million One Hundred Seventy Six Thousand Two Hundred Eighty e Dollars ftottaRS 5: 2. .. and 27 loo------------------------------------ i: $ K /CASH .. ... $ .% ... ... .. .. .. CASHIER'S CHECK 1 CHECK OTHER \ 1176289.27 RECE~ AFTER HO I .'. .. .'. :-: CPECYING ACCOUNT NO :=: x WIRE / ... x X J A \d - First American Title Insurance Company 41 1 IVY STREET SAN DIEGO, CALIFORNIA 92101 (619) 238-1776 CLOSING STATEMENT BUYER CITY OF CARLSBAD Closing Date: a municipal corporation 1200 Carlsbad Village Drive Escrow No. 1103140TE Carlsbad, CA 92008 Page 1 Property : College Business Park, Carlsbad, CA December 15, 1994 DEBITS : Total Consideration 800,000.00. DEPOSITS: Deposit 1 By: CITY OF CARLSBAD ADJUSTMENTS: REFUND OF DEPOSITS 375,408.00 TITLE CHARGES: Owners Title Policy Premium 289.27 ESCROW FEES: Escrow Fee 406.25 Check Herewith 185.75 Totals 1,176,289e27 1 SAVE FOR INCOHE TAX PURPOSES 2 F 4 BCKNOwPGEiMBNT OF ADDITIONAL EECROW ~N~~U~TZONS Reg Escrow Na._a;L 03 14 O-EEZfl A ee nt an gscrow I- &ions between Run tin*- B each Conpan, la5 "Se U- the City of Carl&@ ( as *%we$*#) f Lots layo uah 26 of Carlsbad %act No - 85-17 At the request of Esarow Agent, effective Dscember 9, 1994, Buyer and Seller have execuked and delivered tUs Acknowledgement af Additional Escrow Instruc't%om (llAcknowledgment~~) in accordance wfth Section 3.2 of the referenced PmCnase and Sale Agreement and Escrow lhslzuctians ( lnAgreement" 1 . following General Escrow Instructions front the Escrow Agent as additional Escrow Tfnskxuctions supplmentiug those set forth in prcrvisfans of tae Agzecment and do not morliEy sameJ hereby cansenk to their inaorporatlon in Gaia kgreemenc: Buyer and Seller hereby acknowledge receipt of the the Bsgreement; and, to the extent they are dondd-t dkh *e 1. %be Parties, r Tax Renorkina & WithholdinQ obliaations of 8TgTg ZAW: California Revenue and Taxation Ccde Sections 18805, 18815 and 26131 plaue 3pecial requirements fay tax reporting and withholding on Buyers when the selling price is greater than $IQ0,0Q0.00 (me hundred thousand dollars) and (i.)eh;e funds to the tx%msaction are to he disbused to aithar(a) a Seller with a last known address outside of California, or(b) a financial intermediary of the Seller. The withholding rate is three and one-third percent (3 113%) of the selling prfca as defined in the statute. Guurce Unit, P.0. Eox 6511 Sacramento, Califomfa 95812-9651, (914) 369-4900. The Seller may reglest a waiver by contacting: FRANCHISE TU BO^, wimdd at BEDERaL LM7: ZxkcLmal Revenue Coda Section 1445 places special requirements for tax reporting and withholding on t3e parties to a real estate transaction where the Seller is a non- eesidont alien, a nm-donestTc corporation or paztnership, a donestic corporatian or partnership cantrcslled by ncm-residents or non-rceident csrpcrlrations or partnersaip. t WO\WCU\tl105W7,NP With respect to both the State Law and Federal Law referred to &we, the parties to thio trsnsaction are seeking an attorney's, acc~wtant~s or other tax epecialist's opinfon concerning the effeet of these laws on this tlrmmtctfon or are relytng on their own knawledge of these laws. a= NOT acting on or relying on any statements made or amitted by the ESC~QW Officer, Title officer, or other clcrsing offices with respect to tax reportkg or Wfthholding requirements* Buyer and Seller €urther represent and warrant that rhe parties to ais transaetian F3zaSt Amerkan Title InsuYanue Compmy may rely on this Acknowledgment: in connection with khe above-referenced t~an~action. mi3 Adumwhdgrnmt may be executed in WtiDle GOp$eS, each Of Vhf& &all be deemed an originaz and all of which shall ccmstitutte a single acknowledg&Mnt binding ora a11 pa'rtiea . ~cknowleclgment -20 be effective as of t21e date first above written. "SELZER" BUXCINGTUN BEACE CQHPANY, a IIil WITNESS WHE#EOF, the parties hereto have caused .this California corporation By : Titles . 8tB-m Tm CITY OF ws8AII, E municipal cr)qorakion By : hank Maanen, waistant city xamger ; '+lsqw$fl\ola:l:qy,Wp ‘1 c .LJ v -% PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS SELLER: HUNTINGTON BEACH COMPANY, a California corporation BUYER : THE CITY OF CARLSBAD, a municipal corporation ESCROW: First American Title Insurance Company Escrow No. 1103140-TE EPHSD\EBS\O101841.04 3 2/06/94 ',I c r I %x TABLE OF CONTENTS - P: ARTICLE 1 DEFINITIONS ........... 1.1 Citv.. ...................... 1.2 Close of Escrow, Closins Date, and Closinq Deadline ..................... 1.3 Effective Date. .................. 1.4 Environmental Laws ................ 1.5 Escrow Asent ................... 1.7 Hazardous Materials ................ 1.8 Permitted ExceDtions. ............... 1.9 a.. ....................... 1.10Propertv ..................... 1.11 Purchase Price .................. 1.12 Title Insurer ................... 1.6 GrantDeed .................... ARTICLE 2 PURCHASE AGREEMENT; PURCHASE PRICE ..... 2.1 Purchase Asreement ................ 2.2 Purchase Price .................. 2.3 Refund of Deposits ................ ARTICLE 3 ESCROW ............ 3.1 Openins of Escrow ................. 3.2 Escrow Instructions ................ 3.3 Close of Escrow .................. 3.4 Deliveries to Escrow ............... 3.5 Prorations .................... 3.6 Escrow Charses .................. 3.7 Recordation of Documents ............. 3.8 Distribution of Funds ............... 3.9 Conformed CoPies ................. 3.10 Tax ReDortinq ................... ARTICLE 4 TITLE MATTERS ........... 4.1 Title Report ................... 4.2 Assessment Districts ............... 4.3 Title Insurance .................. 4.4 Extended Title Coverase .............. 4.5 GrantDeed .................... ARTICLE 5 REPRESENTATIONS, WARRANTIES ....... 5.1 Condition of the Property ............. EPH SO\ESS\Ol 01 841 -04 12/06/94 -i- $ 7 -1 1 4. 5.2 BuYer's ReDresentations and Warranties. ...... 5.3 Seller's ReDreSentatiOnS and Warranties. ..... 5.4 Real Estate Commissions .............. 5.5 Survival of Warranties and Obliqations ...... ARTICLE 6 ADDITIONAL OBLIGATIONS ........ 6.1 Buyer's Access to ProDertv. ............ 6.2 DeveloDment and ImDrovement Oblisations. ..... 6.3 Damase or Destruction. .............. 6.4 Condemnation. ................... 6.5 Possession .................... ARTICLE 7 GENERAL PROVISIONS ......... 7.1 Assianment. - - . . - - - . . - . - . - . - - - - . 7.2 Attornevs' Fees .................. 7.3 ComDutation of Time Periods ............ 7.4 Conflict of Interest. ............... 7.5 Construction ................... 7.6 Countemarts ................... 7.7 Entire Asreement ................. 7.8 Exhibits ..................... 7.9 Further Assurances ................ 7.10 Gender, Number .................. 7.11 Governins Law ................... 7.12 Modification, Waiver ............... 7.13 Mutual Covenants. ................. 7.14 No Other Inducement ................ 7.15 Notice ...................... 7.16 Severability ................... 7.17 Successors .................... 7.18 Time ....................... EXHIBITS A Grant Deed B General Escrow Provisions C Non-Foreign Affidavit BPHSD\EBS\O101841.04 12/06/94 -ii- 1' 'i' ?, PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ( "Agreement 'I ) , effective as of , 1994 ("Effective Date"), by and between HUNTINGTON BEACH COMPANY, a California corporation (llSellerll) , and THE CITY OF CARLSBAD, a municipal corporation (flBuyerll), constitutes an agreement to purchase and sell real property and escrow instructions direct6 to the Escrow Agent identified herein. ARTICLE 1 DEFINITIONS For purposes of this Agreement, the following defined tern shall be indicated by initial capital letters and shall have tk meanings set forth below: 1.1 City. The City of Carlsbad, California. 1.2 Close of Escrow, Closins Date, and Closins Deadline. As defined in Section 3.3 (a) . 1.3 Effective Date. The date first set forth above, whic shall be the date this Agreement has been executed (a) by Buyei pursuant to a resolution of the City Council authorizing such within three (3) business days after adoption of the City Council's resolution of approval. Execution of this Agreement Seller shall be null and void unless the Effective Date occurs or before December 15, 1994. execution, and (b) by Seller. Buyer shall execute this Agreeme 1.4 Environmental Laws. Any law or regulation applicable to the physical condition of the Property, or the presence of a substance thereon, including without limitation, the Comprehensive Environmental Response, Compensation and Liabilit Act of 1980, as amended (42 U.S.C. Sections 9601, et -.I, the Resources Conservation and Recovery Act of 1976 (42 U.S.C. Sections 6901 et sea.), the Clean Water Act (33 U.S.C. Sections 466 & m), the Safe Drinking Water Act (14 U.S.C. Sections 1401-1450), the Hazardous Materials Transportation Act (49 U.S. Sections 1801 et sea), the Toxic Substance Control Act (15 U.S. Sections 2601-2629), the California Hazardous Waste Control Lab (California Health and Safety Code Sections 25100-25600), and t Porter-Cologne Water Quality Control Act (California Health anc Safety Code Sections 13000 & m.), as any of the foregoing me be amended from time to time, and all regulations and publications implementing or promulgated pursuant to the foregoing. OPHSD\EOS\O101841.04 12/06/94 -1- Yr 5' q. 1.5 Escrow Asent. First American Title Insurance Compan ATTN: Trish Erickson, 411 Ivy Street, San Diego, California 92 P.O. Box 808, San Diego, California 92112, Tel: (619) 238-1776 1.6 Grant Deed. The Grant Deed conveying the Property t Buyer in the form of Exhibit "A" attached hereto, executed and acknowledged by Seller and Buyer. 1.7 Hazardous Materials. Hazardous Materials shall include, but are not limited to, substances which are flammabl explosive, corrosive, radioactive, or toxic, and any substance defined as hazardous substances, hazardous materials, toxic substances or hazardous wastes in any of the Environmental Law and all amendments to the Environmental Laws. Hazardous Materials shall also include those asbestos-containing materia defined and described in Environmental Protection Agency Repor No. 56/5-85-024 (June 1985) or any related or successor report other applicable government regulations defining or describing such materials. 1.8 Permitted EXCeDtiOnS. As defined in Section 4.3. 1.9 m. The preliminary title report identified in Section 4.1. 1.10 Prabertv. That certain real property described as I, 1 through 26 of Carlsbad Tract No. 85-17, in the City of Carlsbad, County of San Diego, State of California, according Map thereof No. 12903, recorded in the Official Records of San Diego County, California on December 13, 1991. 1.11 Purchase Price. The aggregate consideration to be p by Buyer to Seller for the purchase of the Property, as set fo in Section 2.2. 1.12 Title Insurer. First American Title Insurance Compa ATTN: Roy Provence, Title Officer, 411 Ivy Street, San Diego, California 92101 P.O. Box 808, San Diego, California 92112, Te (619) 231-4652. ARTICLE 2 PURCHASE AGREEMENT; PURCHASE PRICE 2.1 Purchase Asreement. Seller agrees to sell the Prope: to Buyer and Buyer agrees to purchase the Property from Seller on the terms and conditions set forth herein. 2.2 Purchase Price. Buyer agrees to pay to Seller the amount of EIGHT HUNDRED THOUSAND AND NO/lOO DOLLARS ($800,000) The Purchase Price shall be payable in cash and shall be delivered to Escrow Agent, in the form of a cashier's or BPHSD\EBS\Ol01@41.04 12/05/94 -2- 1' 5' 1, certified check drawn on a California bank, payable to Escrow Agent, or funds by federal wire, at least two (2) business days prior to the scheduled Closing Date and, in any event, a sufficient time in advance to permit disbursement of such fund: on the Closing Date under applicable law and Escrow Agent's standard practice. 2.3 Refund of DeDosits. As additional consideration to Seller, Buyer shall refund to Seller, through Escrow at the Clc of Escrow, the following cash deposits which have previously bt delivered to Buyer in connection with the subdivision, development and/or improvement of the Property: Landscape Inspection Fee [# 88161 $ 80,000 Improvement Inspection Fee [# 88321 $175,000 Drainage Area Fee [# 350-810-18-77-87401 $114,992 Street Sign Deposit [# 88731 $ 1,361 Street Light Energizing Fee $ 4,055 [# 161-810-6210-88971 TOTAL $375,408 Buyer shall deliver the foregoing amounts to Escrow prior to tl Closing Date, and Escrow Agent shall disburse such amounts to Seller on the Closing Date. ARTICLE 3 ESCROW 3.1 ODenins of Escrow. An escrow ("Escrow11) shall be opened with Escrow Agent to consummate the sale of the Propert- pursuant to this Agreement, identified as Escrow No. 1103140-T: Within three (3) business days after the Effective Date, Selle. and Buyer shall cause a fully executed copy of this Agreement < received an executed copy of this Agreement is referred to herc as the "Opening of Escrow.11 Escrow Agent shall acknowledge thc Opening of Escrow and its agreement to act as the Escrow Agent hereunder by: (a) executing the Consent of Escrow Agent attacl hereto; and (b) promptly delivering a copy of the executed Consent to Seller and Buyer. 3.2 Escrow Instructions. This Agreement shall constitutc initial escrow instructions to Escrow Agent. general provisions are attached hereto as Exhibit llB" and made part hereof, to the extent they are consistent with the provisions of this Agreement. additional instructions reasonably required by Escrow Agent to consummate the transaction provided for herein; provided, however, such additional Escrow Instructions shall not modify be deposited with Escrow Agent. The date Escrow Agent has Escrow Agent's The parties shall execute any BPHSD\EBS\0101841.04 12/06 P4 -3- Ti i* i, provisions of this Agreement, unless such instructions (a) sta the modification in full and (b) are signed by both parties. 3.3 Close of Escrow. (a) Closins Date. "Close of Escrow'' or "Closing Da means the date the Grant Deed is recorded in the Official Reco of San Diego County, California and the Purchase Price is paid Seller, The Close of Escrow shall occur on a date within thir (30) days after the Effective Date, but in no event later than December 22, 1994 ("Closing Deadline"). Buyer and Seller shal use their reasonable efforts to cause the Close of Escrow to occur on or before December 16, 1994. (b) Material Term. BUYER ACKNOWLEDGES THAT A TIMEL CLOSING ON OR BEFORE THE SPECIFIED CLOSING DEADLINE IS A MATER TERM OF THIS AGREEMENT, AND THE CLOSING DEADLINE MAY NOT BE EXTENDED EXCEPT BY A WRITTEN ESCROW INSTRUCTION SIGNED BY BWE AND SELLER. If the Escrow does not close on or before the Closing Deadline for any reason other than a default by Seller and if the Closing Deadline has not been extended by written instructions signed by Buyer and Seller, then Seller shall hav the unilateral right to terminate this Agreement and the Escro by delivering written notice to Escrow Agent and Buyer. In th event of such termination, Seller shall have no further obligations hereunder. Such termination shall not release Buyer's liability if the failure to close was the result of a default by Buyer, or any other liabilities of Buyer pursuant tc Section 6.1, and shall not affect Seller's rights and remedies under this Agreement, or at law or in equity, as a result of to terminate this Agreement and the Escrow as set forth above, Escrow Agent shall close the Escrow as soon as possible. party shall timely deliver to Escrow all funds and documents required to complete the Closing pursuant to this Agreement, including, but not limited to, prorated amounts and other payments required under Sections 3.5 and 3.6. Failure to make any such delivery shall constitute a material default hereunder 3.5 Prorations. Escrow Agent shall prorate all real property taxes and installments of assessments payable prior tc the Closing Date (collectively, "taxesf1) which are a lien upon the Property, based on the most recent official information available from the appropriate City or County office; provided, however, that Seller shall pay all penalties and interest resulting from late payment of such taxes and assessments. All prorations shall be made to the Closing Date based upon a thirt (30) day month. If actual tax bills for the Property for the current tax year are not available as of the Close of Escrow, Buyer and Seller shall reprorate said taxes outside of Escrow Buyer's default, If Seller does not elect to exercise its rig1 3.4 Deliveries to Escrow. Prior to the Closing Date, ea( BPHSD\EBS\0101841.04 12106194 -4- 1' \1' \ following Close of Escrow upon receipt of said tax bills by either Buyer or Seller. 3.6 Escrow Charses. (a) Seller's payments. Seller shall pay: (1) one- half of Escrow Agent's fee or cancellation charge; (2) the cost of a standard CLTA owner's title insurance policy and prelimina title report; (3) the documentary transfer tax which Escrow Age determines is required by law; and (4) other charges and expens customarily charged by Escrow Agent to sellers. (b) Buyer's Pavments. Buyer shall pay: (1) one-ha1 of Escrow Agent's fee or cancellation charge; (2) the cost of a UTA Title Policy (if requested by Buyer), to the extent it exceeds the amount payable by Seller as described above, and tf- cost of any title endorsements required by Buyer; (3) the cost recording the Grant Deed; and (4) other charges and expenses customarily charged by Escrow Agent to buyers. event of a default by Buyer or Seller hereunder, all cancellati and other escrow charges shall be paid by the defaulting party. (c) Default. Notwithstanding the foregoing, in the 3.7 Recordation of Documents. Escrow Agent is authorizec to record any instrument delivered through Escrow if necessary proper for issuance of the Title Policy described in Section 4. At Close of Escrow, Escrow Agent shall submit the Grant Deed tc the County Recorder for recordation and instruct the County Recorder to return the original Grant Deed to Buyer and a conformed copy of the Grant Deed to Seller. At Seller's or Buyer's request, the documentary transfer tax shall be set fort in a statement separate from the Grant Deed and shall not be reflected in any recorded documents. 3.8 Distribution of Funds. Upon Close of Escrow, Escrow Agent shall distribute, pursuant to unilateral instructions provided to Escrow Agent by the recipient: (a) to Seller, or order, the Purchase Price, adjusted for prorations, charges anc other credits and debits provided for herein; and (b) to Buyer order, any excess funds delivered by Buyer to Escrow Agent. 3.9 Conformed Copies. Upon Close of Escrow, Escrow Agent shall deliver to Seller and Buyer: (a) an accounting and final closing statement for this transaction; and (b) copies of all recorded documents, conformed to show the recording date and fi number. 3.10 Tax Reporting. Any returns, statements or reports required to be filed under Section 6045(e) of the Internal Revenue Code of 1986 and Sections 18805 and 26131 of the California Revenue and Taxation Code (and any similar reports 8PHSD\EBS\OlOl84l.o4 12/06/94 -5- '1 1)s 1 '\ required by federal, state or local law) relating to the Prope: be construed so as to require that such returns, reports or statements be filed by Buyer, Buyer's counsel, Seller or Selle: counsel. Within five (5) days after Escrow Agent's receipt of written request from Seller and/or Buyer, Escrow Agent shall provide evidence to Seller and/or Buyer of its compliance with the provisions of this Section 3.10. shall be filed by Escrow Agent. In no event shall this Agreemr ARTICLE 4 TITLE MATTERS 4.1 Title ReDOrt. (a) Deliverv: Review bv Buyer. Buyer acknowledges receipt of a CLTA preliminary title report covering the Proper identified as Order No. 1104053-11, issued by Title Insurer da as of October 21, 1994, and supplemented on November 7, 1994 document listed as an exception in the PR. the exceptions set forth in the PR and agrees to accept title the Property subject thereto. (collectively, I1PRl1), together with a copy of each recorded Buyer has approved 4.2 Assessment Districts. The parties acknowledge that ' Property is currently subject to Assessment District No. 86-1 relating to improvements to Palomar Airport Road, Assessment District No. 85-2 relating to improvements to College Boulevarc and Community Facilities District (CFD) No. 1. Assessments payable pursuant to such districts shall be prorated between Seller and Buyer as of the Closing Date, as described in Section 3.5. Buyer shall accept title to the Property subject such districts and the lien of assessments thereunder; Seller shall have no liability or responsibility for any obligations thereunder (including the obligation to pay assessments) arisi. from and after the Closing Date; and Buyer shall indemnify Sel from and against such obligations as further described in Sect 6.2(d). 4.3 Title Insurance. As of Close of Escrow, Title Insurl shall issue, or be committed to issue, at Seller's sole cost, ( standard form CLTA owner's title insurance policy ("Title Policy11), insuring Buyer's title to the Property in the amount the Purchase Price, subject only to the following permitted exceptions ("Permitted Exceptions1') : taxes and assessments; pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code; (a) The lien of current non-delinquent real estate (b) The lien of any supplemental taxes assessed BPHSD\E8S\0101841.04 12/06/94 -6- y lr > \ (c) The lien of the assessment districts described i section 4.2; (dl The matters set forth in the PR and approved by (e> Covenants, restrictions, reservations and other Buyer pursuant to Section 4.1; matters set forth in the Grant Deed, in the form attached heret as Exhibit "A" ; (f) Any other matters requested, caused or approved (g) writing by Buyer; and Matters accepted or excluded from coverage by tb printed terms of the Title Policy's standard form. 4.4 Extended Title Coverase. Buyer may elect to obtain ALTA extended title insurance coverage, rather than the CLTA Title Policy described in Section 4.2, subject to the followins conditions: (a) Provision of such coverage shall not extend the (b) Buyer shall pay all additional costs of obtainir such coverage, including the costs of any required survey; (c) Buyer shall, in a timely manner, (1) order any required survey, (2) deliver the survey to the Title Insurer fc review, (3) order an inspection of the Property by the Title Insurer, (4) order the Title Insurer to update the PR if necessary to identify additional exceptions (if any) resulting from Title Insurer's review of the survey and inspection, and ( review and approve any such additional exceptions prior to the Closing Deadline described in Section 3.3; and paragraph (c) above, Seller shall have the option to cure such disapproval by electing to remove such exceptions prior to the Closing Date. execute, acknowledge and deliver the Grant Deed to Escrow. Closing Deadline; (dl If Buyer disapproves any matter pursuant to 4.5 Grant Deed. Prior to Close of Escrow, Seller shall BPHSD\EBS\0101841.04 f2/06/94 -7- t \b 1 \ ARTICLE 5 REPRESENTATIONS, WARRANTIES 5.1 Condition of the propertv. (a) Buver‘s Due Diliqence Review. Buyer acknowledgl that, prior to the Effective Date, Buyer has reviewed and approved all aspects of the Property, after such examination, inspection, investigation and review as Buyer considered it appropriate to undertake, at Buyer’s sole expense, including, 1 not limited to, the following matters: (1) All applicable zoning, subdivision, land u: environmental, building and other governmental laws, ordinance: rules, regulations and requirements applicable to the Property including, but not limited to, the restricted use zone for the flight path for Palomar Airport and related requirements, the provisions of the Local Coastal Plan and the requirements for further coastal development permits thereunder, and the Property’s compliance with the foregoing; entitlements issued in connection with the subdivision, development or improvement of the Property and the terms and conditions thereof, including but not limited to, the matters described in Section 6.2; (2) All governmental permits, approvals or othc (3) The assessment districts described in Sect: 4.2 and the potential for other governmental fees, assessments and requirements; (4) The effect of easements, rights-of-way and other title matters; (5) The physical and environmental conditions ( the Property, including hydrology, soils, geotechnical and hazardous materials conditions, and any environmental or hazardous materials investigations or reports obtained by Buye: at its expense; and All other matters relating to the conditio] value, fitness, suitability or use of the Property, and all matters Buyer may deem necessary or appropriate to investigate (6) Any costs incurred by Buyer in examining and (b) Disclaimers. Except as expressly provided in investigating the Property shall be borne entirely by Buyer. Section 5.3: (1) Seller makes no representations or warranties, express or implied, as to the physical conditions ( BPHSD\EBS\0101&41.04 12/06/94 -a- 7 '6 'i \ the Property or in connection with any matter relating to its condition, economic value, marketability, merchantability, feasibility, fitness, suitability or use, or which Buyer has relied upon directly or indirectly. Seller makes no representation or warranty to any operative or proposed governmental laws, regulations an requirements (including but not limited to zoning, environment and land use laws, regulations and requirements) to which the Property may be subject. (2) (3) Buyer acknowledges that no such representations or warranties of any kind have been made by Seller or its representatives. (4) Buyer expressly waives and negates the rig to any express or implied warranties including, but not limite to, all implied warranties of merchantability, condition, suitability or fitness for any particular purpose, and all warranties with respect to quality, capacity, workmanship and latent defects. (5) Buyer acknowledges that the purchase of tht Property will be on the basis of Buyer's own investigation of: (i) the physical conditions of the Property, including the soi: subsurface and environmental conditions thereof; (ii) the operative or proposed governmental laws, regulations and requirements affecting or applicable to the Property and the terms and conditions of all applicable governmental permits an( approvals; and (iii) the economic value, marketability, merchantability, feasibility, suitability or use of the Proper1 (6) Except for matters arising from or attributable to a material finding known to Seller and not disclosed to Buyer, and subject to satisfaction or waiver of tk conditions to Close of Escrow, Buyer will acquire the Property an I!= =I1 condition. Buyer assumes the risk that adverse physical conditions or the applicability and effect of such governmental laws, regulations and requirements may not have be revealed by Buyer's investigation. As used herein, ltmaterialll shall mean all substantive findings that would influence or ter to influence Buyer's decision to acquire the Property. any conditions or alleged defects discovered by Buyer during tk course of its investigation or thereafter. If Buyer discovers, subsequent to the Effective Date hereof but prior to Close of Escrow, a material defect in the Property which could not have been discovered by a reasonable and diligent investigation undertaken by Buyer prior to the Effective Date hereof, then Buyer shall have the right to terminate this Agreement and the Escrow by delivering written notice to Seller and Escrow Agent, (7) Seller shall have no obligation to correct 8PHSD\EBS\0101841.04 f 2106/94 -9- t \) i \ unless Seller agrees in writing to cure such default. event of such termination, neither party shall have any further rights or obligations hereunder (except for any liabilities of Buyer pursuant to Section 6.1). In the (c) Waiver and Release. Buyer waives its rights to recover from Seller and its partners, and their respective shareholders, directors, officers, employees and agents, any ar all damages, losses, liabilities, costs or expenses whatsoever (including attorneys' fees and costs) and claims therefor, whether direct or indirect, known or unknown, foreseen or unforeseen, which may arise on account of or in any way growinc out of or connected with the physical condition of the Properti or any law or regulation applicable thereto, including without limitation any of the Environmental Laws, excepting in all case those losses, liabilities, damages, costs or expenses, and clai or finding known to Seller and not disclosed to Buyer, or (2) Seller's breach of any express representation or warranty set forth herein. Buyer expressly waives the benefits of Section 1542 of the California Civil Code, which provides as follows: therefor, arising from or attributable to (1) a material matter "A general release does not extend to claims which the creditor does not know or expect to exist in his favor at the time of executing the release, which if known to him must have materially affected the settlement with the debtor. I' (d) Hazardous Materials. If Buyer should discover during its investigation of the Property any Hazardous Material or other environmental condition subject to legal requirements for corrective or remedial action, Buyer shall, within a reasonable time, notify Seller in writing of the same. If such liability to Buyer arising out of such discovery unless Buyer c establish that the Hazardous Material was known by Seller to be present on the Property prior to the Close of Escrow and that Seller failed to disclose the existence of such Hazardous Material to Buyer. Further, Buyer shall indemnify, protect, hc harmless and defend Seller and its shareholders, directors, officers, employees and agents, from and against any and all claims (including third-party claims), demands, liabilities, damages, costs and expenses, including without limitation investigatory expenses, clean-up or other remedial costs and attorneys' fees, of whatever kind or nature, arising from or ir any way connected with the deposit, disposal, release or other generation of Hazardous Materials on the Property after the Clc of Escrow by Buyer or by Buyer's agents, employees or contractors, or with Buyer's consent, and the efforts of Buyer and/or its contractors to correct or remedy the same. discovery is made after the Close of Escrow, Seller shall have The BPHSD\EBS\OlO1841.04 12/06/94 -10- 4 1) ! \ obligations set forth in this Section 5.l(d) shall survive the Close of Escrow and shall not be merged with the Grant Deed. (e) ProDertv Documents. Buyer acknowledges that a1 engineering studies and reports, surveys, soils/geotechnical reports, maps and other information which Buyer may receive fr Seller or its agents in connection with this sale transaction, are provided without any warranty (whether oral or written, express or implied) by Seller as to their accuracy, sufficienc or lack of defects; and the foregoing are provided on the expr condition that Buyer shall make its own independent verificati of such information. Buyer agrees not to assert any liability Seller arising out of Seller's providing of such information. (f) Gradinq. Seller has not undertaken any rough grading of the Property. Seller makes no representations or warranties as to the quality of the soils present on the Property. other work or to construct any improvements to the Property. 5.2 Buver's Remesentations and Warranties. Buyer agree represents and warrants, as of the date of execution of this Agreement and as of Close of Escrow, as follows: (a) Buyer is municipal corporation, duly formed, existing and in good stand under the laws of the State of California; (b) Buyer has full legal right, power and authority to execute and fully perform obligations under this Agreement pursuant to its governing instruments and state and local laws, without the need for any further corporate action: and (c) the persons executing this Agreement and other documents required hereunder on behalf of Buyer are the duly designated agents of Buyer and are authoriz to do so. 5.3 Seller's Remesentations and Warranties. Seller agrees, represents and warrants, as of the date of execution o this Agreement and as of Close of Escrow, as set forth below i this Section 5.3. References to ttSeller's knowledge" matters Itknown to Seller,I1 or words of like import as used herein mean and are limited to the actual, current knowledge of Seller, as opposed to imputed or constructive knowledge, and no duty of inquiry or investigation by Seller is implied or required. (a) Authoritv. Seller is a corporation, duly formel existing and in good standing under the laws of the State of California; Seller has full legal right, power and authority ti execute and fully perform its obligations under this Agreement further action; and the persons executing this Agreement and other documents required hereunder on behalf of Seller are the duly designated agents of Seller and are authorized to do so. Seller has no obligation to perform any grading or pursuant to its governing instruments, without the need for an BPHSD\EBS\0101841.04 12/061% -11- 1 \1 I ). \ (b) Non-Foreisn Affidavit. Seller is not a foreign person and is a United States person as defined in Section 7701(a) (30) of the Internal Revenue Code, as amended ('1Code11). Prior to Close of Escrow, Seller shall deliver to Escrow (with copy to Buyer) an affidavit, executed and sworn to under penal of perjury, substantially in the form attached hereto as Exhibit IlC". Seller is a corporation qualified to do business and maintains an office in the State of California. Seller wi not instruct Escrow Agent to disburse any proceeds due to Sell upon the Close of Escrow to an address outside the boundaries the State of California, and will not use a financial intermediary as defined in California Revenue and Taxation Cod Section 18805(d) for the receipt of proceeds from this transaction. (c) Hazardous Materials. Seller has no knowledge, except as otherwise disclosed to Buyer in writing, of any rele of any Hazardous Materials onto the Property. To Seller's knowledge, no summons, citation, directive, order or other communication has been issued to Seller arising out of or relating to the presence of Hazardous Materials on the Propert Prior to the Effective Date, Buyer has had the right and opportunity to perform an independent environmental assessment the physical condition of the Property, including the subsurfa (d) Bankruptcy. Seller has not: (1) made a general assignment for the benefit of creditors; (2) filed any volunta petition in bankruptcy or been subject to the filing of an involuntary petition by Seller's creditors; (3) had a receiver appointed to take possession of all or substantially all of Seller's assets; (4) suffered the attachment or other judicial seizure of all or substantially all of Seller's assets; (5) admitted in writing its inability to pay its debts as they come due; or (6) made an offer of settlement, extension or composition to its creditors generally. (e) Chanae in Representation or Warrantv. If Selle learns of any material fact or circumstance that causes any representation or warranty of Seller set forth above to become untrue, Seller shall notify Buyer in writing as soon as is reasonably possible after Seller learns of such fact or circumstance. If such disclosure is made, Seller shall not be breach of such representation or warranty as a result of such fact or circumstance, and Buyer shall have the right to termin this Agreement by delivering written notice to Seller and Escr Agent, unless Seller agrees in writing to cure the material fa or circumstance so that the representation or warranty of Sell will be true and correct. neither party shall have any further rights or obligations hereunder (except for any liabilities of Buyer pursuant to Section 6.1). thereof. In the event of such termination, 8PHSD\E8S\OlOl84l.o4 12MP4 -12- 1 \' J \ 5.4 Real Estate Commissionst Each party represents and warrants to the other party that no brokers or finders have bel employed Or are entitled to a commission or compensation in connection with this transaction as a result of the action or agreement of the indemnifying party. indemnify, hold harmless, protect and defend the other party (i its partners and their respective officers, directors, shareholders, employees, agents, successors and assigns) from i against any obligation or liability to pay any such commission compensation arising from the act or agreement of the indemnifying party. Each party agrees to 5.5 Survival of Warranties and Oblisations. The representations and warranties given by Buyer and Seller in th: Article 5, and all obligations under this Agreement to be performed after Close of Escrow, shall survive the Close of Escrow and delivery of the Grant Deed to Buyer; provided, however, that all representations and warranties by Seller sha: terminate one (1) year after the Closing Date, except for any representation or warranty which Buyer claims to have been breached, as long as (a) Buyer has notified Seller of a claim ( breach (identifying such breach in reasonable detail) within s7 one (1)-year period and (b) Buyer files a lawsuit for breach 0: such representation or warranty and gives notice thereof to Seller within three (3) months after the expiration of such onc year period. ARTICLE 6 ADDITIONAL OBLIGATIONS 6.1 Buver's Access to ProDertv. (a) Terms of Entrv. Seller has allowed prior to the Effective Date, and Seller shall continue to allow between the Effective Date and the Close of Escrow or earlier termination c this Agreement, reasonable access to the Property by Buyer (anc its employees, agents, representatives and contractors), durinc normal business hours, upon reasonable notice to Seller, in or( to inspect, conduct reasonable soils tests, environmental assessment work, engineering studies and surveys and other investigations required by Buyer, at Buyer's sole cost. In connection with any such entry, Buyer: (1) shall perform all work in a safe manner; (2) shall not permit any hazardous condition to remain on the Property; (3) shall repair any damas or disturbance to the Property; (4) shall keep the Property frc and clear of all mechanics' or materialmen's liens arising out Buyer's activities; and (5) shall comply with all Environmental Laws, all other governmental laws, ordinances and requirements, and the conditions of all permits applicable to such work. BPHSD\EBS\O101841.04 12106/94 -13- I \l I \ (b) Indemnitv. Buyer shall indemnify, protect, holc harmless and defend Seller (and its officers, directors, shareholders, employees, agents, Contractors, successors and assigns) and Seller's property from and against any and all liabilities, liens, claims, damages, costs, expenses, suits or judgments (including attorneys' fees and court costs) for laboi or services performed or materials furnished to or for Buyer, ( for personal injury, death or property damage, arising out of entry upon the Property, or any adjacent land owned by any affiliate of Seller, by Buyer or its employees, agents, representatives or contractors, or any breach of the provisions of this Section 6.1 by Buyer. herein, the "Approvals11 means all existing permits, approvals i other entitlements issued by governmental authorities relating the subdivision, development and/or improvement of the Propert? the terms and conditions thereof, and all agreements or other Approvals have been issued by Buyer in its municipal capacity. As provided in Section 5.l(a), Buyer has reviewed and is famil: with the Approvals. As additional consideration to Seller for the conveyance of the Property to Buyer, the parties agree as follows: 6.2 Development and Improvement Oblisations. As used documents entered into pursuant thereto. Certain of these (a) AssumDtion/Termination of Approvals. Effective the Closing Date, Buyer shall assume all obligations and liabilities of Seller under the Approvals, including, but not limited to the following: (1) Grading and erosion control [P.E. 2.91.271, (2) Subdivision Improvement Agreement [CT 85-1' (3) Hold Harmless Agreement - Drainage [CT 85-; Document No. 1991-06163161; (4) Agreement to pay drainage fees [P.E. 2.91.: CT 85-17, Document No. 1991-06162451; (5) Indemnity Agreement - Flight Path Restrict6 Zone [Document No. 1991-06375571; (6) Carlsbad Municipal Water District (llCMWD1l) Agreements I, I1 and 111, dated January 19, (7) Hold Harmless Agreement - Drainage [DocumeI 1992; NO. 85-2302381 ; BPHSD\EBS\0101841.04 12/06/44 -14- ' \, ' \. \ (8) Coastal Development Permit; and (9) Grading Permit. Buyer's assumption of the Approvals shall specifically include the assumption of all obligations thereunder to constrl or contribute to the construction of public improvements or facilities and to pay public facilities fees or other monetary exactions. From and after the Closing, Seller shall have no obligation or liability whatsoever pursuant to the Approvals. Notwithstanding such assumption, Buyer shall have the right, at Buyer's option, Seller shall cooperate with such election to terminate, if requested by Buyer, by executing all documents reasonably required to evidence the termination of such Approvals, includj any documents to be recorded to remove such agreements as an exception to title to the Property. to terminate all or any portion of the Approval (b) Existinu DeDosits. As provided in Section 2.3, Buyer shall return to Seller existing deposits previously delivered by Seller to Buyer in connection with the Approvals, the total amount of THREE HUNDRED SEVENTY-FIVE THOUSAND FOUR HUNDRED EIGHT AND NO/lOO DOLLARS ($375,408). (c) Existina Bonds. In connection with the Approval Seller has previously posted certain bonds with Buyer, as follows: (1) Faithful Performance/Warranty; (2) Labor and Materials - CMWD [dated November 12, 19911 $801,500 to Grading and Erosion Control L2.91.17, dated November 12, 19911 $5,605,745 (3) Subdivision Monumentation [CT 85-171 $10,000 (4) Labor and Materials [CT 85-17] $2,909,160 (5) Faithful Performance/Warranty $5,818,320 TOTAL $15,144,725 [CT 85-17] Effective as of the Closing Date, Buyer shall release each of t foregoing bonds and all obligations of Seller secured thereby i deliver to Seller written evidence of such release, in order tc permit cancellation of such bonds by the surety; and Seller shz have no further liability with respect to the obligations secu by such bonds. (dl Indemnitv. Buyer shall indemnify, protect, holc harmless and defend Seller (and its officers, directors, shareholders, employees, agents, contractors, successors and assigns) from and against any and all liabilities, liens, clain BPHSD\E6S\0101841.04 12/06/94 -15- ,1 j,' .. \ damages, Costs, expenses, suits or judgments (including attorneys' fees and court costs) arising on or after the Closi. Date as a result of the Approvals or any liabilities or obligations arising thereunder, or the bonds to be cancelled a described in Section 6 -2 (c) - 6.3 Damase or Destruction. If, prior to the Closing Datc any part of the Property is damaged or destroyed by fire or ot. casualty, Seller shall promptly give notice thereof to Buyer. such casualty materially, adversely affects the value of the Property or its suitability for Buyer's intended purpose, as reasonably determined by Buyer, Buyer may elect, by deliverinc written notice to Seller within ten (10) days after receipt of Seller's notice, to terminate this Agreement and the Escrow, unless Seller agrees, within five (5) days after Seller's rece of such termination notice, to cure the damage on or before thl Closing Date. In the event of such termination, neither party shall have any further rights or obligations hereunder (except for any liabilities of Buyer pursuant to Section 6.1). If Buy does not deliver written notice of termination within said 10-1 period, then the parties shall continue performance under this Agreement and the Escrow, without modification of any of its terms and without any reduction in the Purchase Price. Seller shall have no obligation to repair or restore the Property and liabilities or obligations to Buyer, and Buyer shall have no claims for damages or other remedies against Seller, as a resu of such damage or destruction of the Property. 6.4 Condemnation. If, prior to the Closing Date, Seller receives actual notice that a condemnation or eminent domain action is filed against the Property or any part thereof (or t: a taking is pending or contemplated), but excluding any condemnation or taking by Buyer, Seller shall promptly give notice thereof to Buyer. If such taking is of all or a significant portion of the Property, Buyer may elect, by delivering written notice to Seller within ten (10) days after receipt of Seller's notice, to terminate this Agreement and thl Escrow. In the event of such termination, neither party shall have any further rights or obligations hereunder (except for a liabilities of Buyer pursuant to Section 6.1). For purposes o taking such that the value of the Property is materially impai or reduced. If Buyer does not deliver written notice of termination within said 10-day period, or if other than a significant portion of the Property as described above is take then: (a) the parties shall continue performance under this Agreement and the Escrow, without modification of any of its terms and without any reduction in the Purchase Price; and (b) Seller shall assign and deliver to Buyer, subject to and effective upon the Closing Date, all of Seller's interest in t award for such taking. this Section 6.4, the taking of a "significant portion" means Buyer shall have no other remedies EPHSD\EES\O101841.04 12/06/94 -16- ,I 1' L. \ against Seller as a result of such condemnation except as set forth in this Section. 6.5 Possession. Possession of the Property shall be delivered by Seller to Buyer on the Closing Date after recordation of the Grant Deed. the Property from whatever source shall be the sole responsibility of Buyer after the Close of Escrow. All risk of loss and damage to ARTICLE 7 GENERAL PROVISIONS 7.1 Assiqnment. (a) Bv Seller. Seller shall have the right to assic its rights hereunder with the prior written consent of Buyer, which consent shall not be unreasonably withheld. Any permitte assignee shall assume Seller's obligations hereunder, and Selle shall be released from all such obligations as of the date of such permitted assignment. (b) Bv Buver. Prior to the Close of Escrow, Buyer n not assign its rights or delegate its duties hereunder without the express, prior written consent of Seller, which consent mal be withheld in Seller's sole discretion, and any assignment or delegation without such consent shall be null and void. Any permitted assignee shall specifically assume all obligations, representations and warranties of Buyer under this Agreement ar under any additional escrow instructions executed pursuant hereto, shall be bound by all approvals previously given (or deemed given) by Buyer hereunder, and shall provide a warranty authority comparable to Section 5.2. the terms, covenants and conditions herein contained shall be binding upon and inure to the benefik of the successors and assigns of Seller and Buyer. proceedings for any relief against the other party arising out this Agreement, the losing party shall pay the prevailing part) legal costs and expenses, including, but not limited to, reasonable attorneys, fees and costs as determined by the court The prevailing party shall be that party receiving substantial] the relief sought in the proceeding, whether brought to final judgment or not. referred to in this Agreement shall include all Saturdays, Sundays and state or national holidays, unless the period of ti specifies business days. The term "business days" means days other than Saturdays, Sundays and state or national holidays. the date or last date to perform any act or give any notice or Subject to the foregoins 7.2 Attornevs' Fees. If either party commences legal 7.3 Computation of Time Periods. All periods of time BPHSD\EBS\0101841.04 12/06/94 -17- 1 \, ' . I \ approval shall fall on a Saturday, Sunday or state or national holiday, such act or notice shall be deemed to have been time1 performed or given if performed or given on the next business day. 7.4 Conflict of Interest. Conflicts of interest relatin Except as otherwis to this Agreement are strictly prohibited. expressly provided herein, neither Buyer nor any director, employee or agent of Buyer shall give to or receive from any director, employee or agent of Seller any gift, entertainment other favor of significant value, or any commission, fee or rebate. Likewise, neither Buyer nor any director, employee or agent of Buyer shall enter into any business relationship with any director, employee or agent of Seller (or of any affiliate Seller), unless such person is acting for and on behalf of Seller, without prior written notification thereof to Seller. 7.5 Construction. The captions and paragraph headings u in this Agreement are inserted for convenience of reference on and are not intended to define, limit or affect the constructi or interpretation of any term or provision hereof. Agreement shall not be construed as if it had been prepared by only Buyer or Seller, but rather as if both Buyer and Seller h prepared the same. 7.6 Counterparts. This Agreement or any escrow instructions pursuant to this Agreement may be executed in multiple copies, each of which shall be deemed an original, bu all of which shall constitute one Agreement after each party h This signed such a counterpart. 7.7 Entire Asreement. This Agreement, together with all exhibits attached hereto and other agreements expressly referr to herein, constitutes the entire agreement between the partie with respect to the purchase and sale of the Property. All pr or contemporaneous agreements, understandings, representations warranties and statements, oral or written, are superseded. N subsequent agreement, representation, or promise made by eithe party hereto, or by or to an employee, officer, agent or representative of either party, shall be of any effect unless is in writing and executed by the party to be bound thereby. This Agreement supersedes the offer to purchase submitted by Buyer to Seller dated October 19, 1994 and the counteroffer submitted by Seller to Buyer dated November 1, 1994. hereto and incorporated herein by reference, 7.8 Exhibits. All exhibits referred to herein are attac 7.9 Further Assurances. The parties agree to perform su further acts and to execute and deliver such additional docume and instruments as may be reasonably required in order to carr BPHSD\EBS\O101841.04 12/06/94 -18- ,' )e \* \ out the provisions of this Agreement and the intentions of the parties. include the plural and the masculine shall include the feminim wherever the context so requires. interpreted, construed and enforced in accordance with the laws of the State of California. 7.10 Gender, Number. As used herein, the singular shall 7.11 Governins Law. This Agreement shall be governed, 7.12 Modification, Waiver. No modification, waiver, amendment or discharge of this Agreement shall be valid unless the same is in writing and signed by both Buyer and Seller. TI escrow instructions shall be considered a part of this Agreemer and no provision in said escrow instructions shall supersede 01 contradict the provisions of this Agreement, unless the partiez agree in writing to such change. The exercise of any remedy provided by the provisions of this Agreement or at law or in equity shall not exclude any other remedy, unless it is expresE excluded. 7.13 Mutual Covenants. In consideration of the mutual promises of the parties hereto, and of the execution of this Agreement by the parties, each party hereby agrees in good fait to utilize commercially reasonable efforts in connection with t performance of all obligations and satisfaction of conditions hereunder, and in connection with the taking of any and all actions necessary with respect to any investigation, review, 01 other procedure required in order to enable such party to grant or withhold its consent or approval as provided for herein, it being the intention of each party that such covenant of good faith and utilization of commercially reasonable efforts shall deemed sufficient and valid consideration for the promises of contrary, wherever any consent or approval of a party is requii hereunder, such party shall not unreasonably withhold or delay such consent or approval. 7.14 No Other Inducement. The making, execution and delivery of this Agreement by the parties hereto has been induc by no representations, statements, warranties or agreements otf. than those expressed herein. Notice to either party shall be in writing 2 either personally delivered or sent by an overnight courier service such as Airborne, Federal Express or Purolator, or by first-class mail, registered or certified mail, postage prepaic return receipt requested, addressed to the party to be notifiec at the address specified herein. Any such notice shall be deen received on the date of receipt if personally delivered or sent by overnight courier to the party (or such party's authorized each party hereunder. Absent an express statement to the 7.15 Notice. BPHSD\EBS\0101841.04 12/06/34 -19- I 7' I. \ representative) or three (3) business days after deposit in thc u.S. Mail, as the case may be. SELLER: Huntington Beach Company c/o Chevron Land and Development Company ATTN: Mark Urban 1660 Hotel Circle North, Suite 620 San Diego, California 92108 Phone: (619) 692-3811 Fax : (619) 692-0211 With a Brobeck, Phleger & Harrison copy to: ATTN: Ellen B. Spellman, Esq. 550 West C Street, Suite 1300 San Diego, California 92101 Phone: (619) 699-0258 Fax : (619) 234-3848 BUYER : THE CITY OF CARLSBAD ATTN: Frank Mannen, 1200 Carlsbad Village Drive Carlsbad, California 92008 Assistant City Manager with a THE CITY OF CARLSBAD copy to: ATTN: Ronald Ball, Esq. 1200 Carlsbad Village Drive Carlsbad, California 92008 Either party may change its address for notice by delivering written notice to the other party as provided herein. Buyer ai Seller, and their respective counsel, hereby agree that notice: from Buyer or Seller may be given by their respective counsel i that for the purpose of giving such notice, either party's counsel may communicate directly with the other party. condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competl jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condit of this Agreement shall be valid and enforceable to the fulles extent permitted by law. Subject to the restriction on assignmen, contained herein, all terms of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the partif hereto and their respective heirs, legal representatives, successors, and assigns. 7.16 Severabilitv. If any term, provision, covenant or 7.17 Successors. BPHSD\EBS\0101841.04 12/06/94 -20- 0 \, * \. \ 7.18 Time. Time is of the essence of each provision of t Agreement, including without limitation all time deadlines for satisfying conditions and Close of Escrow. THE SUBMISSION OF THIS AGREEMENT FOR EXAMINATION OR THE NEGOTIATION OF THE TRANSACTION DESCRIBED HEREIN DOES NOT CONSTITUTE AN OFFER TO SELL BY SELLER, AND THIS AGREEMENT DOES NOT CONSTITUTE A BINDING CONTRACT UNTIL EXECUTED BY SELLER. [Remainder of This Page Intentionally Left Blank] BPHSD\EBS\0101841.04 12/06/94 -21- 1 '\, ' \k ' \ [Signature Page Attached to Purchase and Sale Agreement and Escrow Instructions1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be effective as of the date first above written. "SELLER" HUNTINGTON BEACH COMPANY, a California corporation By : Title: 11 BUYER I' BPHSD\EBS\OlOl841.04 12/06/94 -22- ; I!' \\ \ CONSENT OF ESCROW AGENT SELLER I HUNTINGTON BEACH COMPANY, a California corporation BUYER : THE CITY OF CARLSBAD, a municipal corporation ESCROW NO.: 11 03 14 0 -TE ________________________________________---------------------- The undersigned ( I1Escrow Agent") hereby: (1) acknowledges delivery of a Purchase and Sale Agreement and Escrow Instructic ( IfAgreementi1 ) dated 1994 between the Seller and Buyer identified above, on & & /4 , 1994 which shall constitute the IIOpening of Escrowii pursuant to Section 3.1 of t Agreement; and (2) agrees to act as the Escrow Agent in accordance with the provisions of the Agreement. ESCROW AGENT: FIRST AMERICVTLE INSURANCE COMPANY By 2 : L, Escrow Officer BPHSD\EBS\0101841.04 12MW CONSENT OF ESCROW AGENT .I 'I\' z ' \ LIST OF EXHIBITS A Grant Deed B General Escrow Provisions C Non-Foreign Affidavit 8PHSD\EBS\O101841.04 12/06/94 LIST OF EXHIBITS 4 <I\ + a' 1 EXHIBIT "A" WHEN RECORDED, MAIL TO: ) 1 THE CITY OF CARLSBAD ) Attn: ) 1 ) 1 1 ) 1 ) 1 1 MAIL TAX STATEMENTS TO: SAME AS ABOVE A Portion of Tax Assessor's Parcel No. Amount of Documentary Transfer Tax shown on attached paper--no1 for public record. CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HUNTINGTON BEACH COMPANY, a California corporatic (llGrantor"), hereby grants to THE CITY OF CARLSBAD, CALIFORNIA, municipal corporation ( llGranteetl) , the real property located ir the City of Carlsbad, County of San Diego, State of California, ffPropertyO : described as follows and hereinafter referred to as the Lots 1 through 26 of Carlsbad Tract No. 85-17, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 12903, filed in the Office of the County Recorder of San Diego County on December 13, 1991. SUBJECT TO: 1. All general and special real property taxes and assessments, not delinquent. restrictions, and other encumbrances and matters of record in t 2. All conditions, covenants, easements, liens, Office of the County Recorder of San Diego County, California. BPHSD\EBS\O101841.04 12fl6/94 A- 1 I < '>> 1 t' 1 3. Matters that can be ascertained by a reasonable inspection and/or survey of the Property. Grant Deed on IN WITNESS WHEREOF, Grantor has executed this Corporation , 199 . - GRANTOR : HUNTINGTON BEACH COMPANY, a California corporation By : Title: BPHSD\EBS\0101841.04 12/06/94 A- 2 , ' I *'\ * +' c STATE OF CALIFORNIA 1 COUNTY OF 1 1 ss On , before me, Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/ar subscribed to the within instrument and acknowledged to me tha he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which t person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature [SEAL1 [Remainder of Page Intentionally Left Blank] EPHSD\EBS\0101841.04 12/06/94 A- 3 , '- ' *! , , [Signature Page to Corporation Grant Deed] CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Corporation Grant Deed dated fr HUNTINGTON BEACH COMPANY, a California corporation, to the CIT OF CARLSBAD, CALIFORNIA, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, Californ pursuant to resolution No. , adopted on and the grantee consents to the recordation thereof by its dul authorized officer. DATED : , 1994 By : ALTHEA L. RAUTENKRANZ, City Clerk STATE OF CALIFORNIA 1 COUNTY OF 1 ) ss On , before me, Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name (s) is/ar subscribed to the within instrument and acknowledged to me tha he/she/they executed the same in his/her/their authorized instrument the person(s), or the entity upon behalf of which t person(s) acted, executed the instrument. capacity(ies), and that by his/her/their signature(s) on the WITNESS my hand and official seal. Signature [SEAL] BPHSD\EBS\0101841.04 12/W94 A- 4 ,' <I!' EXHIBIT "B" GENERAL ESCROW INSTRUCTIONS [First American Title Insurance Company1 1. Deposit of Funds and Disbursements. You shall depos all funds received in this escrow in any bank insured by an agency of the United States Government, including your affilia, bank, First American Trust Company, in one or more of your general escrow demand accounts. These funds may be transferrec to any other general escrow demand account or accounts, includ those maintained in your affiliated bank. shall be made by your check, or at the request of the party entitled to a disbursement, by wire transfer, provided that SUI party provides appropriate instructions to you and pays your w transfer fee in connection therewith. You are authorized not close escrow or disburse until good funds have been confirmed escrow. All disbursements 2. Prorations and Adjustments. The expression "close o escrow" used in this escrow means the date of which instrument referred to herein are recorded and relates only to prorations and/or adjustments unless otherwise specified. All prorations and/or adjustments are to be made on the basis of a 30-day mon unless otherwise instructed in writing. record any documents delivered through this escrow, the record of which is necessary or proper in the issuance of the request1 policy of title insurance. 3. Recordation of Instruments. You are authorized to 4. [Intentionally Deleted.] 5. Authorization to Furnish Copies. You are to furnish copy of these instructions, amendments thereto, closing stateml and/or any other documents deposited in this escrow to the lenl or lenders, and/or the attorney or attorneys involved in this transaction upon request of the lenders, brokers or attorneys. as to the amount or payment of personal property taxes is required unless specifically requested. cancel this escrow shall file notice of cancellation in your office, in writing. You shall, within a reasonable time thereafter, mail, by certified mail, one copy of the notice to each of the other parties at the addresses stated in this escr Unless written objection to cancellation is filed in your offi by a party within ten (10) days after date of mailing, you are authorized at your option to comply with the notice and demand payment of your cancellation charges as provided in this 6. Personal ProDertv Taxes. No examination or insuranc 7. Risht of Cancellation. Any party instructing you to EPHSO\EBS\0101841.04 12/06/94 B-1 6 I '\ * e' 7 agreement. If written objection is filed, you are authorized i your option to hold all money and instruments in this escrow ai take no further action until otherwise directed, either by the parties mutual written instructions, or final order of a court competent jurisdiction. 8. Action of Interpleader. The parties hereto expressl! agree that you, as Escrow Holder, have the absolute right at yc election to file an action in interpleader requiring the partic to answer and litigate their several claims and rights among themselves and you are authorized to deposit with the clerk of the court all documents and funds held in this escrow. In the event such action is filed, the parties jointly and severally reasonable attorney's fees which you are required to expend or incur in the interpleader action, the amount thereof to be fixe and judgment therefor to be rendered by the court. filing of the action, you shall thereupon be fully released an( discharged from all obligations to further perform any duties c obligations otherwise imposed by the terms of this escrow. agree to pay your cancellation charges and costs, expenses and Upon the 9. Termination of Asencv Oblisations. If there is no action taken on this escrow within six (6) months after the "t: limit date" as set forth in the escrow instructions or written extension thereof, your agency obligation shall terminate at yc option and all documents, monies and other items held by you shall be returned to the parties depositing same. In the event of cancellation of this escrow, whether it be at the request 01 any of the parties or otherwise, the fees and charges due First American Title Insurance Company, including expenditures incur1 and/or authorized shall be borne equally by the parties hereto (unless otherwise agreed to specifically) . 10. Conflictins Instructions. Should you before or aftel close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein or affected hereby, you shall have the right to discontinue any or all further acts on your part until the conflict is resolved to your satisfaction, and you shall have t further right to commence or defend any action or proceedings f the determination of the conflict as provided in paragraphs 7 E 8 of these General Escrow Instructions. 11. [Intentionally Deleted.] 12. Usurv. You are not to be concerned with any questior or usury in any loan encumbrances involved in the processing of this escrow and you are hereby released of any responsibility c liability therefor, 13. Indemnitv for Attorneys' Fees and Costs. In the ever suit is brought by any party to this escrow, including the esci and title company or any other party, as against each other or BPHSD\EBS\0101841.04 32/06/94 B-2 b l'tC 7 others, including the escrow and title company, claiming any right they may have as against each other or against the escroi and title company, then in that event, the parties hereto agrec that the losing party shall pay to the prevailing party any attorney's fees and costs incurred by the prevailing party. 14. Amendments to Escrow Instructions. Any amendment or supplement to these escrow instructions must be in writing. These escrow instructions, together with the Purchase and Sale Agreement and Escrow Instructions to which these General Escr,oi Instructions are attached, constitute the entire escrow betweei the escrow holder and the parties hereto. acknowledges that there may be supplemental and/or additional taxes which may be assessed by reason of a change in ownership completion of construction pursuant to Chapter 498 Statutes of 1983 of the State of California. This will be reflected in th. policy of title insurance issued at the close of escrow. Escr Holder shall not be concerned with any adjustment(s1 supplemental taxes between the parties for bills received by t parties after the close of escrow. received Supplemental Tax Bill(s), Seller will provide same to escrow Holder with an explanation of time periods covered by s tax bill(s) for proration purposes. furnish you with a completed Preliminary Change in Ownership Report pursuant to Section 480.3 of the Revenue and Taxation C which you are instructed to submit with the Grant Deed. In th event this escrow is otherwise ready to close and Buyer has no provided the above report, you are instructed to close this escrow and collect from Buyer for the County Recorder an additional $20.00 fee for recordation of deed that is without Preliminary Change in Ownership Report. Buyer is aware that i the above report is not submitted with the Grant Deed, a Changc in Ownership statement must be filed by the Buyer with the Coui Assessor not later than 45 days after recordation of the Grant Deed and failure to do so will result in additional penalties. Buyer acknowledges that Escrow Holder shall have no responsibility and/or liability for the County Recorder's acceptance or rejection of said Preliminary Change in Ownershi Report. 17. Good Funds Law. The parties understand that ALL fun to close escrow must be deposited into escrow prior to the dat of closing to allow sufficient time for clearance of such fund prior to disbursement. In the event such funds are not in the form of a cashiers, certified or teller check drawn on a financial institution, sufficient time must be allowed for clearance to comply with section 1413.1 of the California Insurance Code. Funds may be wired directly into First American's depository bank account to avoid waiting for clearance. 15. SuDDlemental Taxes. Buyer and Seller herein of In the event Seller has 16. Preliminam Chanqe of Ownershir, Form. Buyer will BPHSD\EBS\0101841 .@I 12/06194 B-3 c I 'f h' I. t* w 18. ReDortinq to the Internal Revenue Service. Buyer an seller acknowledge that they are aware that Escrow Holder will not close this escrow without being in receipt of "Real Estate Reporting Certificationii (Form 1099) completed and signed by e of the undersigned Sellers as required by the Tax Report Act o 1986. 19. Parties. Tax ReDortins and Withholdins Oblisations of the STATE LAW: [Intentionally Deleted.] FEDERAL LAW: [Intentionally Deleted.] With respect to both State Law and Federal Law, the parties to this transaction are seeking an attorney's, accountant's or other tax specialist's opinion concerning the effect of these laws on this transaction or are relying on the own knowledge of these laws. The parties to this transaction NOT acting on or relying on any statements made or omitted by Escrow Officer, Title Officer, or other closing officer with respect to tax reporting or withholding requirements. Escrow Holder and agree that First American Title Insurance Company may, during the course of this escrow, receive rtFAX1l transmittals from or on behalf of the parties herein for informational purposes only. acknowledge that prior to Escrow Holder's close or cancellatio of this file or release of any funds held herein that Escrow Holder will require the original hard copy of any such ItFAXt1 20. Fax Transmittals. The undersigned parties instruct The parties further agree and material. 21. Asreement Resardins Cancellation Instructions. Prio agreement, if any, notwithstanding, in the event either party the right of cancellation, the parties agree to sign such instructions as may be necessary to effect the cancellation of this escrow. 22. Exchanse Parties. All references to Seller and Buye above, shall mean First Party and Second Party, respectively, an exchange escrow transaction. 23. [Intentionally Deleted.] TIME IS OF THE ESSENCE OF THESE INSTRUCTIONS. If this escrow is not in condition to close by the closing date referrl to in the body of the instructions, and demand for cancellatio: is received by you from any party to this escrow after said da, contained in the general provisions. cancellation is made, you will proceed to close this escrow whc the principals have complied with the escrow instructions. you shall act in accordance with the cancellation instructions If no demand for BPHSD\EBS\0101841.04 12/06/94 B-4 ,'c 5 $" 1 ' t EXHIBIT "C" AFFIDAVIT [Non-Foreign Affidavit Pursuant to FIRPTA] SELLER : HUNTINGTON BEACH COMPANY, a California carparat BUYER : THE CITY OF CARLSBAD, a municipal corporation PROPERTY: Lots 1-26 of Map No. 12903 ESCROW NO : 1103140-TE .............................................................. HUNTINGTON BEACH COMPANY, a California corporation ("Sell'. hereby certifies the following: 1. Seller is the owner of the Property identified above other person or entity has an ownership interest in the Propert 2. Seller is not a foreign person and is a "United Statc Person" as such term is defined in Section 7701(a) (30) of the Internal Revenue Code, as amended (the "Codef1). 3. Seller's U.S. Tax Identification Number is: 94-303764 Seller's business address is: 23 CorDorate Plaza, Suite 250, Nemort Beach, California 92660. 4. This Affidavit is provided pursuant to Section 1445 c the Code which requires a transferror of a U.S. real property interest to withhold tax if the transferee is a foreign person. Seller understands that the purchaser of the Property intends t rely on this Affidavit in connection with the United States For Investment and Real Property Tax Act (FIRPTA). declare under penalty of perjury that the foregoing is true and correct. The undersigned, the general partners of Seller, hereby DATED : SELLER : HUNTINGTON BEACH COMPANY, a California corporation By : Title: WHSD\EBS\OlOl641.04 12PI94 c-1 B- e- - . i?EO€U)ED REBITEST OF PIR91 BBAERAJAB TITU PIUBDIBIBXOQI WW IlEF- I WHEN RECORDED, MAIL TO: 1 nisinstrument is certifid to be a true and )I exact copy of that certain inshment recorded THE CITY OF CARLSBAD 1 o"Pee * ' gC. 6? p 7s Fk s?0/9G4 Attn: Frank Mannen 1 offie of the County Recorder of San DIP20 h~: FIRST AMERlCA 'WRANCE 1200 Carlsbad Village Drive w- -... " ...=.... ..... .. . . ... ........ ""7 Dl Authorii P d 9 ature z Carlsbad, CA 92008 1 1 1 1 La..- SAME AS ABOVE ) 1 1 1 MAIL TAX STATEMENTS TO: ax Assessor~s Parcel Nos. 212-041-12 throuqh 212-041-37 Amount of Documentary Transfer Tax shown on attached paper--nc for public record. CORPORATION GRLWT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HUNTINGTON BEACH COMPANY, a California corporati ( I1Grantort1) , hereby grants to THE CITY OF CARLSBAD, CALIFORNIF munjdpal corporation ( llGranteelr) , the real property located i the City of Carlsbad, County of San Diego, State of California described as follows and hereinafter referred to as the llPrcbpertyll : Lots 1 through 26 of Carlsbad Tract No. 85-17, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof NO. 12903, filed in the Office of the County Recorder of San Diego County on December 13, 1991. SUMECP To: 1. All general and special real property taxes and 2. All conditions, covenants, easements, liens, assessments, not delinquent. restrictions, and other encumbrances and matters of record in 1 Office of the County Recorder of San Diego County, California. i/oa0(3-// > I- 3. Matters that can be ascertained by a reasonable IN WITNESS WHEREOF, Grantor has executed this Corporatioi inspection and/or survey of the Property. Grant Deed on m. 9 , 199y. GRANTOR! HUNTINGTON BEACH COMPANY, a California corporation By:; Title: ? . STATE OF CALIFORSIA ) COUNTY OF ObfiGE ) ) ss On -bmb,uh~ 4 \%q , before me, RP\MDI\I A CALbEeCk ,I Public, personally appeared a. L- SHhLLj personall to me (: - ) to be the person($) whose nan is/msubscribed to the within instrument and acknowledged to me that he/&&hey executed same in his/he&kek authorized capacity(-&), and that by his/- signatureo on the inst the person(s), or the entity upon behalf of which the personw acted, executed the instrument WITNESS my hand and official seal This area for Official Notarial Seal NB94lOM001 21 9/94 ," SAN DIEGO coum RECORDER The amount of remittance below is In full payment of the Documentary Tran Tax for the document attached and described'befow. When tax payment is verified and after the permanent record is made, attach this request to t: document pursuant to Section 11932 R & T Code. GRANTOR: HUNTINGTON BEACH COMPANY, a California corporation GRANTEE: CITY OF CARLSBAD, a municipal corporation DOCUMXNTARY TRANSFER TAX $ -0-- - municipal corporation x Computed on Full Value of Property conveyed, or Computed on Full Value Less Liens 6: Encumbrances remaining therec at time o€ sale. /TXU Title dfficer FIRST AMERICAN TITLE INSURANCE COMPANY I Unincorporated Area City Of Carlsbad PARCEL No-: 212-041-12 through 212-041-37 DATED: December 9, 1994 DATE OF RECORDATION: DOCUMENT NO. .- ,j!?&L-- /FIRST AMERICAN TITLE INS1 Signature f arty Submitting for Recordation ** c e CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant de€ dated Corporation, to the City of Carlsbad, California, a political corporation and/or governmental agency, is hereby accepted by the City Council of the City of Carlst: California pursuant to Resolution No. 94-327, adopted on December 13, 1994, ant the grantee consents to the recordation thereof by its duly authorized officer. DATED: 404p& jq, 197lf , from HUNTINGTON BEACH COMPANY, a California l2457YLdk ALETHA L. RAUTENRANZ, City Clei '. AFFIDAVIT [Non-Foreign Affidavit Pursuant to FIRPTA] SELLER: HUNTINGTON BEACH COMPANY, a California corporati BUYER: THE CITY OF CARLSBAD, a municipal corporation PROPERTY : Lots 1-26 of Map No. 12903 ESCROW NO : 1103140-TE --------------------------------------------------------------. HUNTINGTON BEACH COMPANY, a California corporation ("Sellt hereby certifies the following: 1. Seller is the owner of the Property identified above other person or entity has an ownership interest in the Proper1 2. Seller is not a foreign person and is a ''United Statt Person" as such term is defined in Section 7701(a)(30) of the Internal Revenue Code, as amended (the ''Code"). Seller's business address is: 23 Corporate Plaza, Suite 250, Nemort Beach, California 92660. 3. Seller's U.S. Tax Identification Number is: 94-303761 4. This Affidavit is provided pursuant to Section 1445 ( interest to withhold tax if the transferee is a foreign person, Seller understands that the purchaser of the Property intends I rely on this Affidavit in connection with the United States Foi Investment and Real Property Tax Act (FIRPTA). declare under penalty of perjury that the foregoing is true an( correct. the Code which requires a transferror of a U.S. real property The undersigned, the general partners of Seller, hereby DATED: SELLER: HUNTINGTON BEACH COMPANY, a California corporation By: " Title: dk6/& Address (number and street) DaytIme telephone numter ( 77 11) vqn 7 q/, A"," IL Pwstmctions "80er IFOVIII 590-RE Real Estate Withholding Exemption Certificate General Infomatian ~~te~~~m in these insvumons are io me Internal Revenue Code (IRC) a5 of January 1. 1993. and to dre California Revenue and Taxanon Code (RBTC) sidered a Calitornia trust if at least one trustee is a California resident. Irrevocable trusts are required to withhold on distributions of Ca!ifornia source income to their nomsi- dent beneficiaries. Note: This appiies only to irrevocabie non- granror irusts. Irrevocable trusts cannot be revoked by the grantor. Tile grantor is the person(s) who transferred (granted) assets to the trust. An irrevocable trust is also called a have a provision to allow the grantor to revoke the trust. A revocable or grantor trust does have a provision allowing the grantcr to revoke the :mst and !ake back the assets. The grantor of a grantor trus! shall be treated as the seller of real estate owned by such a irus:. Therefore. if the seller is a revocable or grantor !rust and one or more of the grantors is a nonresident, withholding is required. If all of the grantors of a revocable or grantor trust are residenis. no withholding is required. is the one lwed in most of the bme. A mobile home. houseboat. cooperative apartment. or con dominium can also be a pnncipal residence. property may quai9 as your prlnclpar residence A PMPOSe Of bm even if you temporariiy rent d out whiie it is in th Use Form 59D-RE lo obtain an exempfron from process of being soid. as long as it is rented out withholding for the sale of California real estate. Only as a matter of convenience or for another The completed Form 590-RE should be pre- nonousiness purpose. IRC Seaon 1034 does senred to the buyer or other withholding agent not contain a bright-line test for determining what and retained in their records for a period of five 1s considered temporary. In federal case taw on years foilowing the close oi the transaction. The buyer will be relieved of the withholding require- and circumstances of each case. !nauaing the intent Of the Seller. 10 determine ii the property and signed Form 590-RE. Do not use Form 59G-M If you are a partner, met the definirron Of principal residence at the Independent contractor, entertainer or other time of sale. Generally. if the qrooeq is rented payee that may be subjed to withholding. Out for less than a year while !: is on the market., Instead, use Form 590, Withholding Exemp it will Still be consiaered a pnncipal residence for tion Certificate (partners use Form 59W, withholding nurposes. You snould evaluate your Wlthholding Exemption Certlficate for Dornes- fanual situarion. the law. ana applicabie federal tic (Nonforeign) Nonresident Partners), to case iaw to determine if :he propeq oualifies as obtain an exemption from withholding. your principal residence within the meaning of IRC Section 1034. For more informatJon. get B Law Federal Publication 523, Selling Ycur Home. and 26131) requires wtthholding of income !or ?ranchise) tax when California red estate is sold by a nonresident. 6: Men SRourld this Form The cefications on Side 1 should be completed when: The aeller Is a Callfornia resident on the data escrow closes. Residents of California wno have an out-of-state address to which tunds are disbursed will need to complete Form 540-RE to be exempt from *holding. FOflTl 590.AE wilt not become invalid if the seiler moves oui of California after me dose of escrow. The property meets the deflnitlon of prtncC psi rssidenca under IRC Section 1034 at the 'Jme escrow closes. Form 59ME can be signed even if you do not plan to pur- chase a new home or if the purchase price of your new home is less than the sales price of your old home. Recagnitjon of this gain in the year of sale or in subsequent years will be -le to Caliiornia and must be reFJrted On a California tax return. The seller Is a California estate. For with- holding purposes, an estate is considered a Caliomia e*'e if *e decedent was a mi- tornia resident at the bme of death. Estates are required to withhold on distributions of Caiifomia source income to their nonresident beneficiaries. The seller Is a corporation that has a per- manent place of buslness In California lmmedlately after the, transfer. . The seller is a partnership and the nams Of me partntlrsh1p* A pamenhip may be required to wdhhog on distributions of California source income to nonresident part- . infonabon. ners. For more information get FTB Pub. Parmer Wrthholding Guidelines. The seller Is exempt from tax under either ' Callfomla or federal law. The seller Is a California trust For with- '.- holding purposes, an irrevocable trust<is an- non.grantar IUS( because the trust does not this subject. rhe Tax Coun ccnsldered the fads men& if they ceiy in good faith on a completed R&TC Section 18662 (former Sections 18805 D Requirement io Fiie a California Return G What is Not ii Bkincipal Resideglce A ampleled Form 5:O-RE exempts the seller from withholding kri does nor eliminate the requirement to n!e a California tax return and pay the tax aue. E WO is a Resident A Caiffornia residen; (I every individual who is in Calrfonia for other Man a temporary or transitory puwse or any individual domiciled in California who is absent for a temporary or transitory purpose. A" IfldMdu;l domi,jla in ~lif~~,~ a. is absenr *om Calzornia :or an unin!empted period Of at lead 18 consec-ve monms under an empioyment-reiated contract is considered out- side Caliomia for other than a temporary or tran- sitory purpose. This does not apply it an individual has inmrne from stocks, bcnds, notes or cther intangible personal property in excess of $2CO,W0 in any taxable year in which the ' employment-related antract is in effect. A spouse who & absent bm californ& for an uninremrpted period of at lea 18 rnorrths to ammpany a spouse under an employment- relatd comac! is consider& olrtside of califor- oia for other man a temporary or transAory purpose. Sellers ~o are uncertain of meir residency sta- hJs Cul get aSSiStance in dflemlning rheir resi- dency status by calling the Franchise Tax Board lnformanon Center at the numben iidd below: From within the Unned States, ai. . . . . . . . . . . . . . . 1 -awa52-5711 From outside the Unrted States, call. . . . . , . . . . . . . . . 1-916-8-851-6500 For hearing impaired w'h TDD, Sellers may also gel m Pub 1031, Guidelines for Determining Resident Status. for more The following are not pnncipal resioences under IRC Section 103: 1. Rental property. 2. Pat of home used !or business. 3. Vacant land. 4. Vacstion home or second home. Wdhho\ding is required on SSleS ot these types of propertles unleSS another withholdinS exceplion is met or a waiver of withholding is obtained. Get Form 597-A, Applicalion for Wrvlnolding Cetifi- Cde fOf Disposition of California Reel Es'ate by Nonresidents, for more Intornabon. H , What is a Permanent Place A mrporation has a permanent pia- of business in this state if fi is organized and existing under the iaws of :his stale or if a is a toreign corpora- tion quaiifred TO transact ntrastate business by the Calimia Secretary of State's mce. A cor- poration whim has not qualified to transact intra- state business (e& a corporation engaged exclusively in interstate commerce) will be con- sidered as having a Dennanent place of business in this state only if it maintains a permanent office in this state which is permanendy staffed by its ernployees. For 'Ore Information Contaa: Franchise Tax Board Withhold at Source Unlt P.O. Box 651 Sacramento, CA 95812-0651 Telephone: (916) 369-4400 FAX: (916) 369-4831 be Used of Business recorded tltle to the property is in the call. . . . . . . . . . . . . . . 1-800-622-6268 101 7, Domestic (Nonforeign) Nonresident F ..What is a Principal Residence UsuaJly. the home in which you live is your prind- pal residence. tl you have more than one home, only the sale of your man home qualies as a sale of a principal residence. If you have two homes and lie in both of $em. the. main home ., . Side 2 Form 590-RE Instructions (REV. 1993) Form No 1068-1 (fie" 10/17/92) Exhibit A to Preliminary Report . rninary Report First American Etle Insurance Company LAIIIYII n LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE rhis policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. 2. 3. 4. 5. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency whi may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts, rights. interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct sulvey would disclose, and which are not shown by the public records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a). (b), or I are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoymt of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of whi the land is or was a part; or (iv) environmental protection. or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a noti of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded.by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecti the land has been recorded in the public records at Date of Policy. Rights of eminent domain unless notice c: the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy whi would be binding on the rights of a purchaser for value without knowledge. Defects. liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy. but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date ot Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insur claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicat "doing business'' laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protecti or truth in lending law. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of fede bankruptcy, state insolvency or sim'ilar creditors' rights laws. 2. 3. 4. 5. 5. 2. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the charact dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of a such law, ordinance or governmental regulation. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but kno\ to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or inlerest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the dl such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which woi not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 2. 3. 3. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS Nhen the American land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverai ippear in the policy. SCHEDULE B rhis policy does not insure againsl loss or damage by reason of the matters shown in parts one and two following: kt One: 1. 2. 3. 1. j. 5. 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. Any facts. rights, interests, or claims which are not shown by the public records but which couid be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements. claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines. shortage in area. encroachments, or any other facts which a correct survey wouid disclose, and which are not shown by public records. Unpatented mining claims. reservations or exceptions in patents oi in Acts authorizing the issuance thereof; water rights. claims or title to waler. Any lien. or right to a lien, for services. labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. * - ,, -\ 5- SCHEDULE B This policy does no1 insure against loss Or damage (and the Company will not pay costs. attorneys' fees or expenses) which arise by reason of 1. 2 3 4 5 6 Taxes or assessments which are not shown as existing liens by ihe records of any taxing authority that levies taxes or assessments on real property or by the public records. Any facts. rights. interests. or claims which are not shown oy the public records but which could be ascertained by an inspection of said land or by making iiiquiry of persons in pas! Easements. claims of easement or encumbrances 'which are not Shown by the public records. Discrepancies, cOnfliC3 in boundary lines, Shortage in area. encroachments, or any other facts which a correcl survey would disclose, and which are not shohn by public records Unpatented mining claims; reservations or exceplions in paients or in Acts aUthOriZing the issuance thereof: water rights. claims or title lo water. Any lien. or right to a lien, for Sewices labor or malerial theretofore or hereafter furnished, imposed by law and not shown by !he public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY - 1992 EXCLUSIONS FROM COVERAGE The follovring malters are expressly excluded from the coverage of this policy and the Comoany will not pay loss or damage. costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law. ordinance 01 governmenlal regulation (including bul not limited to building and zoning laws. ordinances. or regulations) reslrlcting, regulating, prohibiting or relating to (i) !he occ 01 lhe land; (ii) the characler. dimensions or location of any imorovement no?/ or hereafter erected on the land, (iii) a separation in ownership or a change in the dimensions or area 01 which the land is or was a part; or (iv) environmental protection. or the effecl of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of ' a notice of a defect, lien or encumbrance resul:ing from a violation or alleged violation affecting the land has been recorded in the public records ai Dale of Policy (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereol or a notice of a defect, lien 01 encumbrance resulting {[om a viola\jon 01 Iht' i2fld has been recorded in {he public records at Date of Policy. Rights Of emiflefll domain UnkSS notice 01 the eXeKlSe fhP,ROf has been recorded in the public records at Date of Policy. but not excluding from coverage any taking which has occurred PI would be binding on the rights of a purchaser for value witnout knowledge. Defects, liens, encumbrances, adverse claims or other matters. (a) created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company, no1 recorded in the public records ai Date of Policy, but known to the insured claimant and no1 disclosed in writing to the Company by Ihe insured claimant pr claimant became an insured under this policy, (c) resulting in no loss or damage io the insured claimant, (d) attaching or crealed subsequent to Date of Policy: or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interesl insured by this policy. Any claim, which arises out of the transaclion vesting in the Insured the estate 0: interest insured by this policy, by reason of the operation of federal bankruptcy, slate insolvency, or sim that is based on: (I) the transaclion creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) Ihe transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the lailure: (a) Io timely record the instrument of transfer, or (b) of such recordation lo imparl notice to a purchaser fo: value or a jIJdgment or lien creditor. 2. 3. 4. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage ?olicy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the toliowin appear in the policy SCHEDULE B This OOliCy does no1 insure against IOSS or damage (and the ComDany will not pay costs, attorneys' fees or expenses) whxh arise by reason 01. Paff One: 1. 2. 3 4. 5 6 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies !axes or assessments on real properly or by !he public records Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry 31 persons in posses Easements claims oi Easement or encumbrances which are not shown by Ihe public records. Discrepancies, contlicts in boundary lines. shorlage in area, encroachments. or any other facts which a correct survey would disclose, and which are not showii by public records Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title IO water. Any lien, or right Io a lien. for services, labor or malerial theretofore or hereafter furnished, imposed by law and not shown by the public records. IO. AMERICAN LAND TITLE ASIOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to Ihe Exceptions in Schedule 6, you are no1 insured against loss, costs, atlorneys' fees and expenses resulting from. 1. Governmental police power, and the existence or violation of any law or governrent regulalion. This includes building and zoning ordinances and also laws and regulations concerning - land use - lard division * improvements on the land - en'/ironmealal protection This exclusion does not apply to violations or the enlorcement of these matters which aopear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in llems 12 and 13 01 Covered Title Risks. The right lo lake the land by condemning it. unless 2 0 a notice 01 exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bough1 ihe land wilhoul knowing 01 the laking. 0 that are created, allowed. or agreed to by you * lhal are known to you, but not to us. on the Policy Date - unless lhey appeared in the oublic records - that result in no loss to you a thal first aflecl your title after the Policy Date - this does not limit the labor and material lien coverage in item 8 of Covered Tille Risks 3 Title Risks 4 5 Lack of a righl Failure to pay value for your litle. 0 to any land outside the area specifically described and referred io in item 3 of Schedule A, or * v slreets, alleys. or waterways that touch your land This exclusion (;:& not limil the access cove.ige in Item 5 of Covered Titie Risk. * 4: AMERICAN LAND TITLE ASSOCIATION LOAN PGLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1, Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, ( dimensions or location of any improvement now or hereafter erected on the land, or p:ohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the efle such law ordinance or governmental regulation. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. Defects. liens, encumbrances, adverse claims, or other matters (a) created, suffereo. assumed or agreed to by tie insured claimant. (b) not known :o the Company and not shown by the , to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writin! to the Company prior to the date such insured claimant became an ifisured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to the extent insurance is afforded herein as to any statutory lien for labor or material or :o the extent insurance is afforded herein as to assessments for street improvements under construct of Policy). Unenforceability of the lien of the insured mortgage because of failure of the ilSJred ai Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing bi in which the land is situated 2 3. 4 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLIC'I - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used anc to coverage appear in the policy SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in pars one and No following. Part One 1 2 3 4. 5. 6. Tares or assessments which are not shown as existing liens by the records of any tmg authority that levies taxes or assessments on real property or by the public records Any facts. rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in posses Easements, claims of easement or encumbrances which are not shown by rhe pub ic records Discrepancies conflicts in boundary lines shortage in area, encroachments, or any other facts which a correct survey would disclose. and which are not shown by public records Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water. Any lien, or right to a lien. for services, labor or material theretofore or hereafter furnished. imposed by law and not shown by the public records 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressiy excluded from the coverage of this policy and the Company will not pay loss or damage. costs, attorneys' lees or expenses which arise by reason of. 1. (a) Any law, ordinance or governmental regulation (including but not limited lo building anc zoning laws, ordinances. or regulations) restricting, regulating prohibiting or relating to (i) the occup of the land, (I!) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the Ian the land is or was a part, or (iv) environmental protection, or the effect Of any violat 'on of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforce of a defect, lien or encumbrance resulting from a violation or alleged violation affect1r.g the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent :hat a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation or all the land has been recorded in the public records at Date of Policy flights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims or other matters. (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Polxy, bui known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant, (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for senices. labor or materia is afforded herein as to assessments for street improvements under c0nsr:uc;ion or completed at date ot policy). or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy. or the inability or failure of any subsequent owner of the indebtedness, to ' "doing business" laws of the slate in which the land is situated Invalidity or unenforceability of the lien of the insured mortgage. or claim thereof, 'which arises out of the transaction evidenced by the insured morlgage and is based upon usury or any con! 01 truth in lending law. my statutory lien for services, labor or materials (or the claim 01 priority of any Stlut0:y !ien for services, labor or materials over the lien of the insured mortgage) arising from an improver the land which is contracted for and commenced subsequent to Date of Policy and IS not financed in whole or in >art by proceeds ol the indebtedness secured by the insured mortgage whic insured has advanced or is obligated to advance. Any claim, which arises out of the transaclion creating the interest ol the mortgagee irisured by this policy, by reason of the operation of federal bankruptcy. slate insolvency, or similar cre is based on. (I) the transaction creating the interest of the insured mortgagee being deemed a traudJlent conveyance or fraudulefit transfer or (11) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer excepl where the preferential transfer results from the failure: (a) to timely record the instrument of transfer, or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor 2. 3. 4. 5 6. 7. 7. AMERICAN LAND TITLE ASSOCIAT!ON LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When ihe American Land ttle Association policy is used as a Standard Coverage Policy ard no: as an Mendea Coverage Policy the eXCluS!OlS set forth in paragraph 6 above are used and the fCllOwlflg t appear in the policy. ORDER NO. 1104053 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.0. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 AMENDED NOVEMBER 7, 1994 CHEVRON LAND & DEVEL. 1660 BOTEL CIRCLE NO, #620 SAN DIEGO, CA ATTN: MARK URBAN YOUR REF: CARLSBAD-26 LOTS OUR ORDER NO. 1104053-11 BUYER : CITY OF CARLSBAD IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF '1 INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO IS! OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIl TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THE HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAIN REASON OF ANY DEFECT, LIEN OR ENCVMBWCE NOT SROWN OR REFERRED Tc OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDI CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS, THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID PC OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS S€ BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS RE€ THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS IS SOLELY FOR THE PURPOSE OF FACILITATING "HE ISSUANCE OF A POLIC TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DEE THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF 7 INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED, DATED AS OF OCTOBER 21, 1994 AT 7:30 A.M. PAGE 1 ORDER NO. 1104053 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT TO BE DETERMINED TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED I HUNTINGTON BEACH COMPANY, A CALIFORNIA CORPORATION THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REF TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PR EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD i FOLLOWS : 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1994-1995, PAYABLE, A LIEN NOT YET DELINQUENT. 2. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $38 , 70 ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WI PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $46,54 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULE ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WI COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $50,70 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WI COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $60,97 PROVIDED CURRENT TAXES ARE PAID. ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WI PAGE 2 cr ORDER NO. 1104053- A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE! BOULEV ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WII COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $27,321 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT R ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WII COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $32,856 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEV ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WII COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS : $42 , 015 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT R COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $50,527 ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WII PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEV ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WIL COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $38,913 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT R ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WIL COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $46,797 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEV COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $36,866 PROVIDED CURRENT TAXES ARE PAID. ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WIL A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT R ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WIL COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $44,335 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEV COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $31,007 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT R COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $37,289 PROVIDED CURRENT TAXES ARE PAID. ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WII ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WII PAGE 3 ? ORDER NO. 1104053 A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULE ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WI COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $19,83 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WI COLLECTED ON THE TAX ROLL. PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $31,86 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT 1 ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WI COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS : $38 , 31 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULE ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WI COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $24,81~ PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT 1 ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WI COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $29,841 PRINCIPAL BALANCE TS: $23 , 85 ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WI PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULET ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WII COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $33,984 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT I: ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WII COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $40,865 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULET COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS : $21 , 85E PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT R ASSESSMENT NO. 0000, DISTRICT 86-1, WICB IS CURRENTLY OR WII COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $26,287 PROVIDED CURRENT TAXES ARE PAID. ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WII PAGE 4 ORDER NO. 1104053- A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULET ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WII COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $22,836 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSmD UNDER THE 1915 ACT FOR PALOMAR AIRPORT R ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WII COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $27,455 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSWI) UNDER THE 1915 ACT FOR COLLEGE BBULEV ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WIL COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $19,289 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT R ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WIL COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $23,197 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVi ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLYORWIL COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $21,921 PROVIDED CURRENT TAXES ARE PAID- A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT RC ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WILI COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $26,362. PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVZ- ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WILI COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $32,501. PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT RC ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WILI COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $39,085. PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEVA ASSESSMENT NO, 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WILL COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $53,086. PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT ROj ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WILL COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $63,840.( PROVIDED CURRENT TAXES ARE PAID. PAGE 5 ORDER NO. 1104053- A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULE1 ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WII COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS; $52,135 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT F ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WII COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $62,697 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULES ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WII COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $23,404 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT E ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WII COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $28,146 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEV ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY ORWII COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $33,106 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT R ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WII COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $39,814 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEV ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WII COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $48,271 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT R ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OK WIL COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $58,050 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULEV COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $19,571 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT R ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WIL COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $23,536 PROVIDED CURRENT TAXES ARE PAID. ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WIL PAGE 6 ORDER NO. 1104053- A BOND ISSUED UNDER THE 1915 ACT FOR COLLEGE BOULE\ ASSESSMENT NO. 0000, DISTRICT 85-2, WHICH IS CURRENTLY OR WII COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $42,224 PROVIDED CURRENT TAXES ARE PAID. A BOND ISSUED UNDER THE 1915 ACT FOR PALOMAR AIRPORT R ASSESSMENT NO. 0000, DISTRICT 86-1, WHICH IS CURRENTLY OR WII COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $50,778 PROVIDED CURRENT TAXES ARE PAID. THIS IF PAY-OFF IS REQUIRED, PRE-PAY AMOUNT. IS NOT A PAY-OFF AMOUNT. THERE WILL BE ADDED FEES, INTEREST E A DATE OF PAY-OFF WILL HAVE TO BE PROVIDE YOU; AS INTEREST IS COMPOUNDED DAILY. PLEASE ALLOW 15 WORKING DAYS, AS A REPORT WILL HAW TO BE ORI: FROM AGENCY CONCERNED. 3. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSE PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLIC STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. 4. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HE DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 5. SAID LAND LIES WITHIN THE BOUNDARIES OF SPECIAL TAX ASSESS DISTRICT (S) CREATED BY A "COMMUNITY FACILITIES DISTRICT" RECORDED UNDER THE PROVISIONS OF THE MELLO-ROOS ACT (STREETS HIGHWAY CODE SECTION 3100, ET SEQ.) OF THE CALIFORNIA S LEGISLATURE. NOTE: UPON OFFICIAL FORMATION, POTENTIAL ADDITIONAL TAXES Mp AUTHORIZED AND LEVIED BY THE DISTRICT WHICH WILL BE INCORPOR INTO THE REGULAR PROPERTY TAX BILL AND MADE A PART OF THE GEN TAX COLLECTION PROCESS. 6. AN EASEMENT FOR PUBLIC ROAD AND INCIDENTAL PURPOSES IN FAVO SAN DIEGO COUNTY, RECORDED OCTOBER 5, 1899 IN BOOK 280, PAGE OF DEEDS. THE ROUTE OR LOCATION CANNOT BE DETERMINED FROM SAID INSTRUM PAGE 7 Ir ORDER NO. 1104053 AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONI AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRES! EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPAN INSTRUMENT RECORDED APRIL 15, 1954 IN BOOK 5205, PAGE 41 OFFICIAL RECORDS, LOCATED WITHIN LOTS 5, 21, 22, 23 AND 2 SHOWN ON MAP NO. 12903. 7. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICUW 8. AN EASEMENT FOR A LINE OF INDEPENDENT LINES OF POLES AND/OR , TOWERS AND WIRES AND/OR CABLES SUSPENDED THEREON AND SUPP( THEREBY; UNDERGROUND CONDUITS, CABLES, VAULTS, AND MANHOLE, THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND FOF OTHER PURPOSES CONNECTED THEREWITH; FOR TELEPHONE, SIGNAL BRACES, AND ALL OTHER APPLIANCES AND FIXTURES FOR US CONNECTION THEREWITH; ALSO FOR PIPELINES FOR ANY AND PURPOSES, TOGETHER WITH THEIR NECESSARY FIXTURES APPURTENANCES AT SUCH LOCATIONS AND ELEVATIONS, UPON, A: OVER, AND UNDER THE HEREINAFTER DESCRIBED RIGHT OF WAY GRANTEE MAY NOW OR HEREAFTER DEEM CONVENIENT AND NECESSARY TIME TO TIME, TOGETHER WITH THE RIGHT OF INGRESS THERETC EGRESS THEREFROM, TO AND ALONG SAID RIGHT OF WAY BY A PRAC' ROUTE OR ROUTES IN, UPON, OVER, AND ACROSS THE HEREIN DESCl LAND, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THE SOUTHWESTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARi WITH AND 50.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES THE NORTHWESTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARi WITH AND 100 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES, THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID RANCHO HEDIONDA, DISTANT THEREON 3,427.40 FEET EASTERLY FROM CORNE: 13 OF LOT G, AS SHOWN ON SAID PARTITION MAP; THENCE 1 28°51'0911 WEST, A DISTANCE OF 5,474.83 FEET; THENCE I 34O44'58" WEST, A DISTANCE OF 1,463.61 FEET TO A POINT I1 WESTERLY LINE OF LOT F OF SAID RANCHO AGUA HEDIONDA, WHICH MENTIONED POINT BEARS SOUTH 87O25'01" EAST, A DISTANC 2,025.08 FEET; THENCE SOUTH 6O48'36" WEST, A DISTANCE OF 1,2: FEET; THENCE SOUTH OO26'31" EAST, A DISTANCE OF 1,047.85 FROM CORNER NO. 6 OF LOT F, ACCORDING TO SAID PARTITION MA1 COMMUNICATION PURPOSES, INCLUDING GUYS, ANCHORAGE, CROSS, ELECTRIC COMPANY, RECORDED AUGUST 14, 1957 IN BOOK 6706, PAG . REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAl AFFECTS LOTS 2, 3, 4, 7, 8, 11, 15, 16 AND 25. PAGE 8 ec. ORDER NO. 1104053- 9 e THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVl WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID AS GRANTED IN DEED RECORDED FEBRUARY 16, 1960 AS FILE NO. z AND AUGUST 16, 1960 AS FILE NO. 165716, BOTH OF OFFICIAL, REC( AND EMBANKMENT SLOPES BEYOND THE LIMITS OF ROAD ~URVEY NO. SAID INSTRUMENT FURTHER RECITES: AND, THE SAID GRANTOR DOES HEREBY WAIVE ALL CLAIM COMPENSATION FOR ANY AND ALL DAMAGES ON ACCOUNT OF THE LOCAl ESTABLISHMENT, AND CONSTRUCTION OF SAID HIGHWAY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAE AFFECTS LOTS 12, 13, 14, 15, 18, 19, 20, 23, 24, 25 AND 26, 10. AN EASEMENT FOR STREET, HIGHWAY, PUBLIC UTILITY, AND INCIDE PURPOSES IN FAVOR OF EMILY K. SWITTERS; IRWIN J. KELLY; 1 TRUSTEE OF A CERTAIN TRUST OF WHICH IRWIN J. KELLY WAS TRU: MAXINE T. SMITH; BARBARA JEAN K. HIGDON; GRAHAM M. KELLY; AI! THALIA KELLY CONSIDINE, IN HER CAPACITY AS EXECUTRIX OF ESTATE OF GENEVIEVE KELLY, DECEASED, RECORDED JANUARY 12, 19t FILE NOS. 6641AND 6642, BOTH OF OFFICIAL RECORDS, LOCATED C UNDER, ALONG, AND ACROSS THE NORTHERLY 30 FEET OF LOTS 2, AND 5. THE RIGHT OF OTHERS TO USE SAID EASEMENT AS CONVEYED OR RESE IN VARIOUS OTHER INSTRUMENTS OF RECORD. INSURANCE AND TRUST COMPANY, A CORPORATION, IN ITS CAPACI1 11. AN EASEMENT FOR PIPELINE(S) FOR ANY AND ALL PURPOSES, TOGE WITH THEIR NECESSARY FIXTURES AND APPURTENANCES, INCLUDING, NOT LIMITED TO, CONDUITS AND CABLES FOR POWER TRANSMISSIOK COMMUNICATION PURPOSES AND INCIDENTAL PURPOSES IN FAVOl CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED OCTOBER 19, 19E FILE NO. 181401 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: A STRIP OF LAND 12 FEET IN WIDTH, ADJACENT TO AND SOUTHWES’I FROM THE SOUTHWESTERLY LINE OF AN EASEMENT AND RIGHT OF 150.00 FEET IN WIDTH, AS GRANTED TO THE SAN DIEGO GAS ELECTRIC COMPANY, BY DEED RECORDED AUGUST 14, 1957 IN BOOK E PAGE 514 OF OFFICIAL RECORDS, THE NORTHEASTERLY LINE OF 12.00 FOOT STRIP BEING THE SOUTHWESTERLY LINE OF SAID 150.00 RIGHT OF WAY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAF PAGE 9 *F ORDER NO. 1104053- AFFECTS LOTS 2, 3, 4, 8, 11, 15, 16 AND 25. AN IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC I OF WAY PURPOSES, DATED SEPTEMBER 6, 1977 IN FAVOR OF THE C( OF SAN DIEGO UPON THE TERMS AND CONDITIONS CONTAINED THE1 RECORDED SEPTEMBER 7, 1977 AS FILE NO. 77-367341 OF OFF: RECORDS. THE ROUTE THEREOF IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT G OF RANCHO AGUA HEDIONDA, IN THE COUN: FILED IN THE OFFICE OF THE COUNTY RECORDER, DESCRIBED AS FOLl COMMENCING AT CORNER NO. 12 OF LOT G, AS SHOWN ON RECOR SURVEY MAP NO. 7938, ON FILE IN THE OFFICE OF THE COUNTY ENG: OF SAID COUNTY; THENCE ALONG THE BOUNDARY OF SAID LOT G, 1 71O27'49" EAST, 546.48 FEET (NORTH 70O54'27" EAST, 546.53 PER RECORD OF SURVEY MAP NO. 7938) TO THE TRUE POIN BEGINNING; THENCE CONTINUING ALONG THE BOUNDARY OF SAID LC SOUTH 59O15'20" EAST, 1,176.06 FEET (SOUTH 59O47'49I' I 1,175.97 FEET PER RECORD OF SURVEY MAP NO. 7938); THENCE $ 89O13'35" EAST (SOUTH 89O46'41" EAST PER RECORD OF SURVEY MA1 7938), 299.22 FEET; THENCE LEAVING THE BOUNDARY OF SAID LC SOUTH 01°2913911 WEST, 30.00 FEET; THENCE PARALLEL WITH BOUNDARY OF SAID LOT G, NORTH 89O13'35" WEST, 306.87 FEET; T€ NORTH 59O15'20" WEST, 1,170.33 FEET; THENCE SOUTH 71O27'49" F 91.38 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CT. CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLYALONG THE ARC OF CTJRVE!, TBROUGH A CENTRAL ANGLE OF 69033'58", A DISTANCE OF 2 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 01O53'51" F 1,018.35 FEET TO THE BEGINNING OF A TANGENT 970.00 FOOT FU CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY AND SOUTHEASTERLY Z THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 24O41' 01 DISTANCE OF 417.90 FEET; THENCE TANGENT TO SAID CURVE Z 22O47'12" EAST, 183.88 FEET TO THE BEGINNING OF A TAI 1,030.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; T€ SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE, THI; A CENTRAL ANGLE OF 19O28'38", A DISTANCE OF 350.14 FEET; T€ TANGENT TO SAID CURVE, SOUTH 03O18'34" EAST, 234.53 FEET TC BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, COP NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID Cl THROUGH A CENTRAL ANGLE OF 105O55'51", A DISTANCE OF 36.98 TO A POINT IN THE ARC OF SAID CURVE, TO WHICH A RADIAL LINE E SOUTH 19O14'25" EAST, THENCE LEAVING SAID CURVE ALONG PROLONGATION OF SAID RADIAL LINE, SOUTH 19O14'25" EAST, 3 FEET TO THE NORTHERLY LINE OF COUNTY OF SAN DIEGO ROAD SURVE' 1534 (PALOMAR AIRPORT ROAD, 100-00 FEET WIDE), ON FILE IK OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE ALONG 12. SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. PAGE 10 e.. w . ORDER NO. 1104053- NORTHERLY LINE OF SAID ROAD SURVEY, SOUTH 70'45'35" WEST, 6 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH, 03°18'3411 h 283.12 FEET TO THE BEGINNING OF A TANGENT 1,000.00 FOOT RA CURVE, CONCAVE WESTERLY; THENCE NORTHERLYAND NORTHWESTERLY A THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19O28'38 DISTANCE OF 339.94 FEET; THENCE TANGENT TO SAID Cmm, N 22047'12" WEST, 183.88 FEET TO THE BEGINNING OF A TAN 1,000.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; TH NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, THRi A CENTRAL ANGLE OF 24O41'03", A DISTANCE OF 430.82 FEET; TH: TANGENT TO SAID CURVE, NORTH 01O53'51" EAST, 1,053.08 FEET T INTERSECTION WITH THE BOUNDARY OF THE ABOVE MENTIONED LO1 THENCE ALONG THE BOUNDARY OF SAID LOT G, NORTH 71°27'491' 1 (NORTH 70O54'27" EAST PER RECORD OF SURVEY MAP NO. 7938), 13 FEET TO THE TRUE POINT OF BEGINNING. AFFECTS LOTS 1, 2, 3, 4, 5, 9, 12 AND 26. 13. THE EFFECT OF A DEED ON THE DATE OF WHICH THE GRANTOR HAT RECORD INTEREST IN SAID LAND NOR HAVE THEY SINCE ACQUIRED N DATED : MARCH 10, 1982 GRANTOR : WILLIAM K. BORSUM TRUST U/T/A DATED JANUARY 1979 GRANTEE : y WILLIAM K, BORSUM RECORDED : APRIL 23, 1982 AS FILE NO. 82-116330 OF OFFIC RECORDS 14. A HOLD HARMLESS AGREEMENT, DATED JUNE 13, 1985, UPON THE TER COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE CITY OF CARLSBAD RECORDED: JUNE 27, 1985 AS FILE NO. 85-230238 OF OFFIC HUNTINGTON BEACH COMPANY. RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS AFFECTS LOTS 5, 6, 7 AND 16 THROUGH 25. 15. AN EASEMENT FOR PUBLIC UTILITY PURPOSES/STORM DRAIN 1 INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, A MUNICI CORPORATION, RECORDED JULY 3, 1985 AS FILE NO. 85-239992 OFFICIAL RECORDS, THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT 1 AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS AFFECTS LOT 16. PAGE 11 'C ORDER NO. 1104053- 16. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED JULY 3, PARCEL A: A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH I AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE MOST WESTERLY CORNER OF RECORD OF SURVEY NO. 6493, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF 1 COUNTY, OF SAID STATE; THENCE ALONG THE SOUTHWESTERLY BOUNl LINE OF SAID RECORD OF SURVEY MAP NO. 6493, SOUTH 47O28'18" 1 (SOUTH 48°01'52!f EAST PER RECORD OF SURVEY NO. 64931, 2,29r FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING ! SOUTHWESTERLY BOUNDARY LINE SOUTH 22O53'02" EAST, 196.79 FEE' A POINT HEREIN DESCRIBED AS POINT lfA1"f SAID POINT ALSO BEING POINT OF TERMINUS. THE SIDE LINES OF SAID EASEMENT SHALL BE EXTENDED OR SHORTENE BEGIN IN SAID SOUTHWESTERLY BOUNDARY LINE OF RECORD OF SURVEY NO. 6493 AND TO END AT RIGHT ANGLES THROUGH THE POINT TERMINUS. PARCEL IIAl" : A STRIP OF LAND 30.00 FEET IN WIDTH, LYING 15.00 FEET ON I SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE ABOVE DESCRIBED POINT "Al"; THENCE S( 22O53'02" EAST, 35.00 FEET TO THE POINT OF TERMINUS. THE SIDE LINES OF SAID EASEMENT SHALL BEGIN AT RIGHT AN( THROUGH THE POINT OF BEGINNING AND END AT RIGHT ANGLES THR( THE POINT OF TERMINUS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAR: AFFECTS LOT 23. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DZ APRIL 25, 1985, UPON THE TERMS, COVENANTS, AND CONDITI CONTAINED THEREIN. EXECUTED BY AND BETWEEN: HUNTINGTON BEACH COMPANY AND AS FILE NO. 85-239993 OF OFFICIAL RECORDS, DESCRIBED AS FOLL( .. 17. CITY OF CARLSBAD, A MUNICl CORPORATION. RECORDED: JULY 10, 1985 AS FILE NO. 85-246096 OF OFFIC RECORDS. PAGE 12 fr ORDER NO. 1104053* 18. THE HEREIN DESCRIBED PROPERTY LIES WITHIN THE PROPOSED BOUNDi OF ASSESSMENT DISTRICT NO. 86-1, PALOMAR AIRPORT ROAD, AS i ON DIAGRAM RECORDED JANUARY 29, 1986 AS FILE NO. 86-0374C OFFICIAL RECORDS. THE HEREIN DESCRIBED PROPERTY LIES WITHIN THE COLLEGE BOULI ASSESSMENT DISTRICT, SHOWN ON DIAGRAM RECORDED MARCH 26, 19I FILE NO. 86-116365, AS EVIDENCED BY NOTICE OF ASSESSMENT REC( MARCH 26, 1986 AS FILE NO. 86-116366 OF OFFICIAL RECORDS. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, I SEPTEMBER 18, 1986, UPON THE TERMS, COVENANTS, AND CONDI': CONTAINED THEREIN. EXECUTED BY AND BETWEEN: HUNTINGTON BEACH COMPANY ANI CITY OF CARLSBAD, A MUNI( CORPORATION. 19. 20. RECORDED: OCTOBER 1, 1986 AS FILE NO. 86-439759 OF OFF1 RECORDS. 21. A NOTICE OF ASSESSMENT FOR ASSESSMENT DISTRICT NO. 86-1 (PAI AIRPORT ROAD) RECORDED JULY 7, 1988 AS FILE NO. 88-32946 OFFICIAL RECORDS. THE PRIVILEGE-AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAW AND EMBANKMENT SLOPES BEYOND THE LIMITS OF PALOMAR AIRPORT WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID AS GRANTED 1988 AS FILE NO. 611266 OF OFFICIAL RECORDS. SAID INSTRUMENT FURTHER RECITES: THE GRANTOR, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, HE WAIVES ANY CLAIM FOR ANY AND ALL DAMAGES TO GRANTOR'S REMAl OF THE LOCATION, RECONSTRUCTION OR LANDSCAPING OF SAID HIGHWl THE MANNER PROPOSED. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAF AFFECTS LOT 18. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVP AND EMBANKMENT SLOPES BEYOND THE LIMITS OF PALOMAR AIRPORT WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID AS GRANTED IN DEED RECORDED NOVEMBER 30, 1988 AS FILE NO. 611267 OF OFFICIAL RECORDS. 22. IN DEED RECORDED NOVEMBER 30, PROPERTY CONTIGUOUS TO THE RIGHT-OF-WAY HEREBY CONVEYED BY RE 23. I PAGE 13 'c ORDER NO. 1104053- SAID INSTRUMENT FURTHER RECITES: THE GWTOR, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, HE WAIVES ANY CLAIM FOR ANY AND ALL DAMAGES TO GRANTOR’S REMAI PROPERTYCONTIGUOUS TO THE RIGHT-OF-WAYHEREBY CONVEYED BY RE OF THE LOCATION, RECONSTRUCTION OR LANDSCAPING OF SAID HIGHWP THE MANNER PROPOSED. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAR AFFECTS LOTS 18, 19, 20, 23 AND 24. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVA AND EMBANKMENT SLOPES BEYOND THE LIMITS OF HIDDEN VALLEY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID AS GRANTED IN DEED RECORDED NOVEMBER 30, 1988 AS FILE NO. 611268 OF OFFICIAL RECORDS. SAID INSTRUMENT FURTHER RECITES: THE GRANTOR, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, HE WAIVES ANY CLAIM FOR ANY AND ALL DAMAGES TO GRANTOR‘S REMAI PROPERTY CONTIGUOUS TO THE RIGHT-OF-WAYHEREBY CONVEYED BY RE OF THE LOCATIQN, RECONSTRUCTION OR LANDSCAPING OF SAID HIGHWP THE MANNER PROPOSED. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAR AFFECTS LOTS 1, 9, 12 AND 26. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVA AND EMBANKMENT SLOPES BEYOND THE LIMITS OF PALOMAR AIRPORT WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID AS GRANTED IN DEED RECORDED NOVEMBER 30, 1988 AS FILE NO. 611269 OF OFFICIAL, RECORDS. SAID INSTRUMENT FURTHER RECITES: THE GRANTOR, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, HE WAIVES ANY CLAIM FOR ANY AND ALL DAMAGES TO GRANTOR’S REMAI OF THE LOCATION, RECONSTRUCTION OR LANDSCAPING OF SAID HIGHWl THE MANNER PROPOSED. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAF AFFECTS LOTS 14 AND 15. 24. 25. PROPERTY CONTIGUOUS TO THE RIGHT-OF-WAY HEREBY CONVEYED BY RE PAGE 14 8- ORDER NO. 1104053- 26. AN EASEMENT FOR THE INSTALLATION, CONSTRUCTION, MAINTENI REPAIR, REPLACEMENT, RECONSTRUCTION AND INSPECTION OF AN ENCI OR UNENCLOSED FLOOD DRAINAGE CHANNEL AND ALL STRUC’I INCIDENTAL THERETO, AND FOR THE FLOWAGE OF ANY WATERS IN, C UPON OR THROUGH SAID CHANNEL AND INCIDENTAL PURPOSES IN FAV( THE CITY OF CARLSBAD, RECORDED NOVEMBER 30, 1988 AS FILE 88-611270 OF OFFICIAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICW AFFECTS LOT 16. 27. AN EASEMENT FOR THE INSTALLATION, CONSTRUCTION, MAINTENZ REPAIR, REPLACEMENT, RECONSTRUCTION AND INSPECTION OF AN ENCI OR UNENCLOSED FLOOD DRAINAGE CHANNEL AND ALL STRUCl INCIDENTAL THERETO, AND FOR THE FLOWAGE OF ANY WATERS IN, ( UPON OR THROUGH SAID CHANNEL AND INCIDENTAL PURPOSES IN FAW THE CITY OF CARLSBAD, RECORDED NOVEMBER 30, 1988 AS FILE 88-611271 OF OFFICIAL RECORDS. THE ROUTE OF- SAID EASEMENT IS SET OUT IN SAID DOCUMENT AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAF AFFECTS LOT 23. 28. AN EASEMENT FOR THE INSTALLATION, CONSTRUCTION, MAINTENI REPAIR, REPLACEMENT, RECONSTRUCTION AND INSPECTION OF AN ENCI OR UNENCLOSED FLOOD DRAINAGE CHANNEL AND ALL STRUC’I INCIDENTAL THERETO, AND FOR THE FLOWAGE OF ANY WATERS IN, C UPON OR THROUGH SAID CHANNEL AND INCIDENTAL PURPOSES IN FAVC THE CITY OF CARLSBAD, RECORDED NOVEMBER 30, 1988 AS FILE 88-611272 OF OFFICIAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAI AFFECTS LOT 14. PAGE 15 *P ORDER NO. 1104053 29. AN EASEMENT FOR A PRESSURE REDUCING STATION, INCLUDING BU LIMITED TO, CONDUITS AND CABLES FOR POWER TRANSMISS101 COMMUNICATION PURPOSES, TOGETHER WITH THE RIGHT OF I& THERETO, EGRESS THEREFROM AND INCIDENTAL PURPOSES IN FAV CObTA REAL MUNICIPAL WATER DISTRICT, RECORDED NOVEMBER 30, AS FILE NO. 88-611273 OF OFFICIAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMEN AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEE MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT S BEYOND THE LIMITS OF SAID RIGHT OF NAY WHSRE REQUIRED FO CONSTRUCTION AND MAINTENANCE THEREOF. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULA AFFECTS LOT 24. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, SEPTEMBER 17, 1990, UPON THE TERMS, COVENANTS, AND CONDI EXECUTED BY AND BETWEEN: HUNTINGTON BEACH COMPANY .. CORPORATION AND THE CITl RECORDED: NOVEMBER 6, 1990 AS FILE NO. 90-600883 OF OFF 30. CONTAINED THEREIN * CARLSBAD . RECORDS e 31. NOTICE OF SPECIAL TAX LIEN FOR COMMUNITY FACILITIES DISTRIC 1, RECORDED MAY 20, 1991 AS FILE NO. 91-0236959 OF OFF RECORDS. 32. AN AGREEMENT REGARDING DRAINAGE FEES, DATED NOVEMBER 13, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREI: EXECUTED BY AND BETWEEN: HUNTINGTON BEACH COMPANY CALIFORNIA CORPORATION AND CITY OF CARLSBAD, A MUNI CORPORATION. RECORDED: NOVEMBER 27, 1991 AS FILE NO. 91-0616245 OF OFF RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULA I PAGE 16 2, ORDER NO. 1104053- A HOLD HARMLESS AGREEMENT DATED OCTOBER 23 , 1991, UPON THE TE COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: HUNTINGTON BEACH COMPANY, 33. CALIFORNIA CORPORATION AND CITY OF CARLSBAD. RECORDED: NOVEMBER 27, 1991 AS FILE NO. 91-0616316 OF OFF1 RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAR 34 o A INDEMNITY AGREEMENT DATED NOVEMBER 15 , 1991, UPON THE TE COVENANTS , AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: HUNTINGTON BEACH COMPANY , CALIFORNIA CORPORATION AND CITY OF CARLSBAD. RECORDED: DECEMBER 10, 1991 AS FTLE NO. 91-0637551 OF OFF1 RECORDS a REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAR 35. AN OFFER AND THE REJECTION OF SAID OFFER SUBJECT TO PROVISIONS OF SECTION 66477.2 OF THE GOVERNMENT CODE OF THE S OF CALIFORNIA FOR THE DEDICATION OF THAT PORTION OF LC DESIGNATED "PORTION OF HIDDEN VALLEY ROAD DEDICATED FOR ST AND PUBLIC UTILITY EASEMENT PURPOSES HEREON", AS SHOWN ON THE OF SAID TRACT, WHICH PROVIDES THAT A REJECTED OFFER OF DEDICA SHALL REMAIN OPEN AND SUBJECT TO FUTURE ACCEPTANCE BY THE CI'I CARLSBAD. 36. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF INGRESS OR EGRESS TO OR FROM PALOMAR AIRPORT ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAE 12903. AFFECTS LOTS 13, 14, 15, 18, 19, 20, 23, 24, 25 AND 26. 37. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF INGRESS OR EGRESS TO OR FROM COLLEGE BOULEVARD ADJA THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 12 AFFECTS LOTS 5, 6, 16, 17, 18, 21 AND 25. 38. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF INGRESS OR EGRESS TO OR FROM HIDDEN VALLEY ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAE 12903. AFFECTS LOTS 1, 2, 9, 12 AND 26. PAGE 17 I. ORDER NO. 1104053 AN EASEMENT FOR OPEN SPACE AND INCIDENTAL PURPOSES AS DELINI AND DESIGNATED ON MAP NO. 12903, SUBJECT TO ANY TERMS CONDITIONS CONTAINED THEREIN. AFFECTS: LOT 2 AS SHOWN THEREON. 39 - 40. AN EASEMENT FOR SIGHT CORRIDOR AND INCIDENTAL PURPOSE DELINEATED AND DESIGNATED ON MAP NO. 12903, SUBJECT TO ANY I AND CONDITIONS CONTAINED THEREIN. AFFECTS: LOTS 1, 2, 3, 17, 18, 20 AND 21 AS SHOWN THEREON AN EASEMENT FOR SEWER AND INCIDENTAL PURPOSES AS DELINEATE1 DESIGNATED ON MAP NO. 12903, SUBJECT TO ANY TERMS AND CONDI: CONTAINED THEREIN. AFFECTS: LOT 23 AS SHOWN THEREON. 41. 42. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES AS DELINI AND DESIGNATED ON MAP NO. 12903, SUBJECT TO ANY TERMS CONDITIONS CONTAINED THEREIN. AFFECTS: LOTS 1, 2, 7, 8, 16, 18, 19, 20, 24, 25 AND 26 AS 5 THQREON . 43. A RECITAL AS SHOWN ON MAP NO. 12903 AS FOLLOWS: FLIGHT PATH RESTRICTED-USE ZONE I11 WITHIN THIS ZONE, FOLLOWING LOT COVERAGES FOR POTENTIAL USES WILL BE APPI UNLESS BUILDINGS ARE CONSTRUCTED ON THESE LOTS OUTSIDE THE FI PATH RESTRICTED-USE ZONE. 1) WAREHOUSES OR SIMILAR USES-MAXIMUM 75% LOT COVERAGE. * 2) OFFICES OR SIMILAR USES-MAXIMUM 35% LOT COVERAGE. 3) NO STORAGE OR MANUFACTURE OF EXPLOSIVES OF HIGHLY FW MATERIALS WILL BE ALLOWED WITHIN THIS ZONE. AFFECTS LOTS 17, 20, 21 AND 22. 44. THE LIMITATIONS, COVENANTS , CONDITIONS, RESTRI CTI RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVIS AND CHARGES BUT DELETING RESTRICTIONS, IF ANY, BASED ON Ii COLOR, RELIGION OR NATIONAL ORIGIN AS CONTAINED IN DECLARATION OF RESTRICTIONS RECORDED DECEMBER 13, 1991 AS NO. 91-0646772 OF OFFICIAL RECORDS. PAGE 18 <F ORDER NO. 1104053- SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHAL SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUS' FIRST MORTGAGE I SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NE1 DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEE TRUST MADE FOR VALUE. 45. AN EASEMENT FOR WATER LINE AND INCIDENTAL PURPOSES IN FAVO CARLSBAD MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY, RECO MARCH 11, 1992 AS FILE NO. 1992-0133693 OF OFFICIAL RECO DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2 AS SHOW SAID PARCEL MAP NUMBER 6331; THENCE ALONG THE NORTHERLY LIN SAID PARCEL 2 NORTH 71O27'15" EAST 21.34 FEET TO A POINT ( LINE THAT IS 20.00 FEET EASTERLY AND PARALLEL TO THE WEST: LINE OF SAID PARCEL 2; THENCE ALONG SAID PARALLEL LINE SI 01°53'1811 WEST 842.80 FEET; THENCE LEAVING SAID PARALLEL : SOUTH 46O53'18" WEST 11.31 FEET; THENCE NORTH Ol"53'18" 1 16.28 FEET; THENCE NORTH 88O06'42" WEST 12.00 FEET TO A POIN' SAID WESTERLY-LINE OF SAID PARCEL 2; THENCE ALONG SAID WEST: LINE NORTH 01°53r1811 EAST 827.07 FEET TO THE POINT OF BEGINN REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAR, AFFECTS LOT 2. 46. AN EASEMENT FOR WATER LINE AND INCIDENTAL PURPOSES IN FAVOl CARLSBAD MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY, RECOl MARCH 11, 1992 AS FILE NO. 1992-0133694 OF OFFICIAL RECO! DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF COUNTY OF SAN D ROAD SURVEY NUMBER 1534, KNOWN AS PALOMAR AIRPORT ROAD, ON IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY, AT ENGIN STATION 78 + 25.34 E.C.; THENCE ALONG SAID CENTERLINE S( FEET; THENCE LEAVING SAID CENTERLINE, AT RIGHT ANGLE, N( 11°39'0311 EAST 63.00 FEET TO A POINT ON THE NORTHERLY RIGH: WAY LINE OF SAID PALOMAR AIRPORT ROAD PER THAT EASEMENT PUBLIC HIGHWAY, PUBLIC UTILITY AND INCIDENTAL PURPOSES, TO OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY, SAID POINT B1 THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 11O39 EAST 103.08 FEET TO A POINT ON THE ARC OF A NON-TANGENT 61 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO : 78O20'57" EAST (NORTH 78O20' 53" WEST PER SAID R.S. 1534) 1,17' CITY OF CARLSBAD RECORDED NOVEMBER 11, 1988 AS FILE N0.88-61: PAGE 19 tc ORDER NO. 1104053- POINT BEARS SOUTH 26O07'43" WEST; THENCE EASTERLY ALONG THE OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19O15'28", A DISTAN( 20.17 FEET TO A POINT IN THE ARC OF SAID CURVE TO WHICH A RT 11°39'03" WEST 101.38 FEET TO A POINT IN THE ABOVE MENTl NORTHERLY RIGHT OF WAY LINE OF PALOMAR AIRPORT ROAD; THENCE 2 SAID RIGHT OF WAY LINE NORTH 78O20'57" WEST 20.00 FEET TC TRUE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULAF AFFECTS LOTS 20 AND 23. LINE BEARS SOUTH 06°52'15" WEST; THENCE LEAVING SAID CURVE 5 47 D AN EASEMENT FOR WATER LINE AND INCIDENTAL PURPOSES IN FAVC CARLSBAD MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY, RECC mcg 11, 1992 A6 FILE! NO. 1992-0133695 OF OFFICIAL RECC DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY CORNER OF LOT 76 OF CARLSBAD TRAC? 46, ACCORDING TO MAP THEREOF NUMBER 11289, FILED JULY 16, 198 THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, CONCAVE SOUTHEASTERLY, A IiADIAL LINE .TO SAID POINT BEARS N 43O32'28" WEST; SAID CURm BEING THE NORTHWESTERLY RIGHT OF LINE OF COLLEGE BOULEVARD PER THAT EASEMENT, FOR PUBLIC HIG AND INCIDENTAL PURPOSES, TO THE CITY OF CARLSBAD RECORDED JUL 1985 AS FILE NO. 85-239994 OF OFFICIAL RECORDS OF SAID SAN D COUNTY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THR A CENTRAL ANGLE OF 02°02'51", A DISTANCE OF 50.07 FEET TO A P IN THE ARC OF SAID CURVE TO WHICH A RADIAL LINE BEARS N 45O35'19" WEST, SAID POINT BEING THE TRUE POINT OF BEGINN THENCE CONTINUING SOUTHWESTERLY ALONG THE ARC OF SAID C THROUGH A CENTRAL ANGLE OF 00'36 ' 49", A DISTANCE OF 15.00 FEE A POINT IN THE ARC OF SAID CURVG TO WHICH A RADIAL LINE B NORTH 46O12' 08" WEST; THENCE LEAVING SAID CURVE AND NORTHWEST RIGHT OF WAY LINE OF COLLEGE BOULEVARD ALONG A LINE LYING 2 FEET SOUTHWEST AND PARALLEL WITH THE SOUTHERLY LINE OF THAT DIEGO GAS & ELECTRIC COMPANY EASEMENT PER DOCUMENT NUMBER 4. RECORDED APRIL 15, 1954 IN BOOK 5205, PAGE 419 OF OFFI( RECORDS OF SAID SAN DIEGO COUNTY; NORTH 47O28'18" WEST 34' FEET; THENCE NORTH OOO52'18" EAST 51.43 FEET TO THE NORTH1 LINE OF THAT PARCEL OF LAND SHOWN AS DESCRIPTION NO. 3, 71 ACRES PER RECORD OF SURVEY MAP NUMBER 5715 FILED DECEMBER 1960 IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG ! NORTHERLY LINE SOUTH 89O07'42" EAST 7.50 FEET; THENCE N( 41O 14' 29" EAST 11.58 FEET; THENCE LEAVING SAID NORTHERLY 7 SOUTH OOO52'18" WEST 53.52 FEET TO THE SAID SOUTHERLY LINI HEREIN ABOVE MENTIONED SAN DIEGO GAS AND ELECTRIC COM: POINT BEING ON THE ARC OF A NON-TANGENT 1401.00 RADIUS CU PAGE 20 uec is '94 18:lL N0.U I tL. FZRST AMERICAN TITLE INSURANCE COWPANY 411 IVY STREET $AN DIEGO, CALIFORNIA 92101. (619) 231-4652 FIRST AMERICAN TITLE INSURANCE COMPANY ESCROW DEPARTMENT 411 IVY STREET SAN DIEGO, CA. ATTN: TRISH ERICKSON ESCROW NO.: 1103140TE OUR ORDER NO.: 1104053 -11 DATED AS OF: OCTOBER 21, 1994 AT 7:30 A.M. THE ABOVE NUMBERED REPORT (INCLUDING ANY SUPPLEMENTS AM)/ AMENDMENTS THERETO) IS HEREBY MODIFIED AND/OR SUPPLEMENTED REFLECT THE FOLLOWING ADDITIONAL ITEMS RELATING TO THE ISSUANCE THE POLICY! 8XXX THE FQLLOWLNG ITEM (3) HAS/HAVE BEEN ADDED TO OUR PRELIMINA REPORT ; 48. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGES IN AREA, ENCROAC'WMENTS OR AMI OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. AN EASEMENT OR LESSER RIGHT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN STATED, INCLUDING INCIDENTAL PURPOSES, DISCLOSED BY A SURVEY OR INSPECTION OF SAID LAND FOR, ROADS AND TRAILS LOCATED ON SAID LAND. AFFECTS VARIOUS PORTIONS OF SAID LAND. DATED! DECEMBER 13, 1994 FIRST AMERICAN TITLE INSURANCE COMPANY g2-k DIAL PBQNE 231-4652 OFFICER - ORDER NO. 1104053. EASEMENT; THENCE ALONG SAID SOUTHERLY LINE SOUTH 47°28'1811 341.40 FEET TO THE TRUE POINT OF BEGINNING. 1994-1995 TAX INFORMATION: CODE AREA: 09104 1ST INSTALLMENT: $7,058.99 OPEN 2ND INSTALLMENT: $7,058.99 OPEN LAND VALUE: $87,585.00 PARCEL NO. : 212-041-12-00 IMPROVEMENTS: $-0- EXEMPT : $-0- CODE AREA: 09104 PARCEL NO. : 212 -041-13 - 00 1ST INSTALLMENT: $9,354.30 OPEN 2ND INgTALLMENT: $9,354-30 OPEN LAND VALUE: - $110,187.00 IMPROVEMENTS : $-0- EXEMPT : $-0- CODE AREA: 09104 1ST INSTALLMENT : $5,148.40 OPEN 2ND INSTALLMENT: $5,148.40 OPEN LAND VALUE: $84,759.00 PARCEL NO. : 212 - 041-14 - 00 IMPROVEMENTS : $-0- EXEMPT : $-0- CODE AREA: 09104 PARCEL NO. : 212-041-15-00 1ST INSTALLMENT: $7,896.26 OPEN 2ND INSTALLMENT: $7,896.26 OPEN LAND VALUE: $135,615.00 IMPROVEMENTS: $-0- EXEMPT : $-0- PAGE 21 .' I. ORDER NO. 1104053 1994-1995 TAX INFORMATION: CODE AREA: 09104 PARCEL NO. : 212-041-16-00 1ST INSTALLMENT: $7,047.41 OPEN 2ND INSTALLMENT: $7,047.41 OPEN LAND vALm: $76,283.00 IMPROVEMENTS: $-0- EXEMPT : $-0- CODE AREA: 09104 PARCEL NO. : 212-041-17-00 1ST INSTALLMENT: $6,674.34 OPEN 2ND INSTALLMENT: $6,674.34 OPEN LAND VALUE: $73,458.00 IMPROVEMENTS : $-0- EXEMPT : $-0- CODE AREA: 09104 PARCEL NO. : 212-041-18-00 1ST INSTALLMENT: $5,906.78 OPEN 2ND INSTALLMENT: $5,906.78 OPEN LAND VALUE: $110,187.00 IMPROVEMENTS :* $-0- EXEMPT : $-0- CODE AREA: 09104 1ST INSTALLMENT: $3,795.94 OPEN 2ND INSTALLMENT: $3,795.94 OPEN LAND VALUE: $67,807.00 PARCEL NO. : 212-041-19-00 IMPROVEMENTS: $-0- EXEMPT : $-0- CODE AREA: 09104 1ST INSTALLMENT: $5,711.17 OPEN 2ND INSTALLMENT: $5,711.17 OPEN LAND VALUE: $50,856.00 PARCEL NO. : 212 - 041-20- 00 IMPROVEMENTS: $-0- EXEMPT : $-0- CODE AREA: 09104 PARCEL NO. : 212-041-21-00 1ST INSTALLMENT: $4,462.08 OPEN 2ND INSTALLMENT: $4,462.08 OPEN LAND VALUE: $39,554.00 IMPROVEMENTS : $-0- EXEMPT : $-0- PAGE 22 T:10/27/94 15:44:22 V: 1 / : : RP 00 ‘t ORDER NO. 1104053 1994-1995 TAX INFORMATION: CODE AREA: 09104 PARCEL NO. : 212-041-22-00 1ST INSTALLMENT: $6,039.17 OPEN 2ND INSTALLMENT: $6,039.17 OPEN LAND VALUE: $45,205.00 IMPROVEMENTS: $-0- EXEMPT : $-0- CODE AREA: 09104 PARCEL NO. : 212-041-23-00 1ST INSTALLMENT: $4,037.39 OPEN 2ND INSTALLMENT; $4,037.39 OPEN LAND VALUE: $53,681.00 IMPROVEMENTS : $-0- EXEMPT : $-0- CODE AREA: 09104 PARCEL NO. : 212-041-24-00 1ST INSTALLMENT: $4,186.64 OPEN 2ND INSTALLMENT: $4,186.64 OPEN LAND VALUE: $50,856.00 IMPROVEMENTS :- $-0- EXEMPT : $-0- CODE AREA: 09104 PARCEL NO. : 212-041-25-00 1ST INSTALLMENT: $3,529.66 OPEN 2ND INSTALLMENT: $3,529.66 OPEN LAND VALUE: $39,554.00 IMPROVEMENTS: $-0- EXEMPT : $-0- CODE AREA: 09104 PARCEL NO. : 212-041-26-00 1ST INSTALLMENT: $3 , 988.63 OPEN 2ND INSTALLMENT: $3,988.63 OPEN LAND VALUE: $42,380.00 IMPROVEMENTS: $-0- EXEMPT : $-0- CODE AREA: 09104 1ST INSTALLMENT: $5,840.24 OPEN 2ND INSTALLMENT: $5,840.24 OPEN LAND VALUE: $50,856.00 PARCEL NO. : 212-041-27-00 IMPROVEMENTS: $-0- EXEMPT : $-0- T:10/27/94 15:44:22 V: / / : : RP 00 PAGE 23 .' t ORDER NO. 1104053- 1994-1995 TAX INFORMATION: CODE AREA: 09104 1ST INSTALLMENT: $8,880.88 OPEN 2ND INSTALLMENT: $8,880.88 OPEN LAND VALUE: $110,187.00 PARCEL NO. : 212-041-28-00 IMPROVEMENTS: $-0- EXEMPT : $-0- CODE AREA: 09104 PARCEL NO. : 212-041-29-00 1ST INSTALLMENT: $9,280.92 OPEN 2ND INSTALLMENT: $9,280.92 OPEN LAND VALUE: $79,109.00 IMPROVEMENTS: $-0- EXEMPT : $-0- CODE AREA: 09104 PARCEL NO. : 212-041-30-00 1ST INSTALLMENT: $4,253.74 OPEN 2ND INSTALLMENT: $4,253.74 OPEN LAND VALUE: $45,205.00 IMPROVEMENTS : - $-0- EXEMPT : $-0- CODE AREA: 09104 1ST INSTALLMENT: $5,980.37 OPEN 2ND INSTALLMENT: $5,980.37 OPEN LAND VALUE: $62,157.00 PARCEL NO. : 212-041-31-00 IMPROVEMENTS: $-0- EXEMPT : $-0- CODE AREA: 09104 PARCEL NO. : 212-041-32-00 1ST INSTALLMENT: $8,548.01 OPEN 2ND INSTALLMENT: $8,548.01 OPEN LAND VALUE: $56,506.00 IMPROVEMENTS: $-0- EXEMPT : $-0- CODE AREA: 09104 PARCEL NO. : 212-041-33-00 1ST INSTALLMENT: $3,599.48 OPEN 2ND INSTALLMENT! $3,599.48 OPEN LAND VALUE: $42,380.00 IMPROVEMENTS: $-0- EXEMPT : $-0- T:10/27/94 15:44:22 V: / / : : RF 00 PAGE 24 IC ORDER NO. 1104053 1994-1995 TAX INFORMATION: CODE AREA: 09104 PARCEL NO. : 212-041-34-00 1ST INSTALLMENT: $7,579.32 OPEN 2ND INSTALLMENT: $7,579.32 OPEN LAND vALm: $70.633.00 IMPROVEMENTS : $-0- EXEMPT : $-0- * PAGE 25 T:10/27/94 15:44:22 V: / / : : Rp 00, ORDER NO. 1104053- LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFOF COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 1 THROUGH 26 OF CARLSBAD TRACT NO. 85-17, IN THE CIT CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TC THEREOF NO. 12903, FILED IN THE OFFICE OF THE COUNTY RECORDER OB DIEGO COUNTY, DECEMBER 13, 1991. - PAGE 26 T:10/27/94 15:44:22 V: / / : : FC? 00 I' c .. I. 0 * ObO-ZLZ I d L First American Title Insurance Company 41 1 IVY STREET a SAN DIEGO, CALIFORNIA 92101 (619) 238-1776 CITY OF CARLSBAD Date: November 28, 1994 ATTHu': Frank Eannen Escrow No. 1103140TE 1200 Carlsbad Village Drive Subject Property: Carlsbad., CA 92008 Cullege Bus? ness Park Carlsbad, CA In connection with the above mentioned escrow, please find enclosed the foll documents or informati-on hereinafter listed. PLEASE REVIEW A%aD RETAXPF FOR POUR PHLES:: Supplemental Report dated November 15, 1994 Should you have any questions, please do not hesitate to contact us az (619) 231-4685. Our FAX no. is (619) 231-4696. Very truly yours, Narta (?a*+ Hyde Assistant to Trxsh Erickson p’ FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET SAN DIEGO, CALIFORNIA 92101 (619) 231-4652 CHEVRON LAND & DEVEL. FIRST AMERICAN TITLE INS. C SAN DIEGO, CA SAN DIEGO, CA. ATTN: MARK URBAN ATTN: TRISH ERICKSON 1660 HOTEL CIRCLE NO. #620 411 IVY STREET OUR ORDER NO.: 1104053-11 DATED AS OF: OCTOBER 21, 1994 AT 7:30 A.M. YOUR REFERENCE: CARLSBAl-26 LOTS THE ABOVE NUMBERED REPORT (INCLUDING ANY SUPPLEMENTS ANI AMENDMENTS THERETO) IS HEREBY MODIFIED AND/OR SUPPLEMENTED REFLECT THE FOLLOWING ADDITIONAL ITEMS RELATING TO THE ISSUANCE THE POLICY: XXXX ITEM NO(S) . 13 OF OUR PRELIMINARY REPORT HAS/HAVE E DELETED. DATED: NOVEMBER 15, 1994 FIRST AMERICAN TITLE INSURANCE COMPM \- DIAL PHONE 231-4652 First American Title Insurance Company 41 1 IVY STREET SAN DIEGO, CALIFORNIA 92101 (619) 238-1776 CITY OF CARLSBAD Date: November 14, 1994 ATTW: Frank Mannen Escrow No. 1103140TE 1200 Carlsbad Village Drive Carlsbad, CA 92008 Subj ee'c Property: College Business Park Carlsbad, CA In connection with the above mentioned escrow, please find enclosed the follc documents or information hereinafter listed, PLEASE REVIEW ARD RETAIN FOR YOUR FILES: Preliminary Title Report Plotted Eaesments Title Exceptions #6 through 12, 14 through 34 and 44 through 47 Should YOU have any questions, please do not hesitate to contact us at (619) 231-4685. Our FAX no. is (619) 231-4696. Very truly yours, !yF%& Marta Hyde Assistant to Trish Erickson ---_ - .- , /’ .eaeeEp 9 08 @@@@El ? 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LWr 411 P "XiCL. ivl ,<A, L.&L#, d I t ~'Ut-i! k4v a:m+Ly* L' .~u eh--,u+y /.xcr4.cAufip- h, Lbi*:i ,i/ rm<m$<q+'i, i I' 1- c - 1 0'. 6, , J .n C G iLw+ mas4-~ /dJ rfi-a. LA,d ! 1 ,. *L -id ' 4' - d- (j/&fiT/ j".L547r,-. ?; dd dl V 64. & hL4A17 I &L$L,&i $ L dd &a, &&-a \ hje @?urn r IJI ,%it b\l&'U &d .&U rL5.d Ld W& @.>, LUi /MU* ~Cihic,o A,.; .& &?vva& <hiL Ah'd-- I. PL~A?, iJz L LC4 1 A* ,ad:, MU;/ 3 I I ; I L I c r cq c IX- ";'r'c<* - 7id,%dLIh, d2tA 5!f,&uALl .&+iJv La+ Q&'h, &LA 1 i ( I i ( LIdNl-dAj i p LL",:! %;&j %/ &&wJ &.r;cia &$A 3 t . GL t &/&,& 1; LdI WLC*,-LtI u' "3 if. ; %id ef 2f&d( 2Ur-4 .-J, L&bbL44 0-4;- I i I dl G I uci. 3; l&yy I2.k- y &I(U!'rl. rr-w-ZxJ Of!, i 434.4 ufi. bJp &J+& &-Jai ~4 &pbA $ i;.&. yf ('Xlii 4 /+'I' i. - & 8L%&!!b I Ciii#&, ! --,L----. // W-LUdLL ratlon, as Grantee, da hereby Prmt to and all other appliances and fixtures for use la connectlon therawit:i, ala0 inclc Ing guys, anchorage, crossarms ad braces, topztkzr vlth iht right of lDQress 8 egress from sald ridht of way by a practical route or routes in, upon, over and cross the herernafter described lands, togetber with tbe zigbt fo clear and ke clear said right of way from explosives, buildings, structvres, trees. b-ust md i f'lamma5le materials for protection from fisc ad other huzards. Tbe larAs in which sal2 easeaent of rLgnt of .*.&.y is hereby grar.ted a situated in the Couf.~ of. _-c%?-D!Zgg?---, State of California, and are particular described as follows. t3 wit: &ll ?>at porticc of Rancho pgia aedionda, in the Coiatv of r;a? Die+, Staze of Califcxnis, as sho-i on Partitior, Hap thereof I?o. "23, filed in ihe office of the County Recorder os" sei6 h ~iego Co-mty, Novexhe1 i6, 156, houadeG md described as follwe: &,ita ddiond~, %?o--~ ~?5 nuzhered upon said Parttticx Kbp No. 823; as ?oint 7 O? Lo TWO^ kno-m as Psint 2 in said bt, "Gnj thence YcIth 8" 42' &t, 3268 fee;, -0 a G:Ic,nc ;roun,i known as Point 3; thence North 38" 51' West, lzlk feet to s SZCCF =CUI n 3s ?din: 4; ttcr.ce Sodth 79" 20' ilest, 5357 feet to a stone ~aund Knrm as i'<i;q 5; hexe ?br:~ 7%" 21' 'dest, 12% fee: to a stone wwcd hn0;n~ es ?oir;C, 6; * PJcr p1 51" ilest, 1823 feet to 2 stor;= asad '=OW. as Point 7; thznre Eol..t% 620 hest ?ey;nnlnL, at a S:OIIC momd at a pint 92 tine Southerly line of said "nenciro 'A.' ad POL-I?, l of Lot "Gn; thence Korth 27" 55' East, 13jC feei to a SL,GIIE. ~+,i~~~ ii; :rcnc'c SJilLP 71" 25' est, 547 feeL nbr~ or less, to a point in t- Zast &e of 1ma dc-c '.)ea in .jecl LO Cnarles W. PtrrtrfJee, recsided kagust 6, i9-5 in l~ok \ 62 <, ? <;I> '3, o %pas, :'--we Soo;therl) aLopa t+,e Easterly IiTe of saLL ?art ' -iu o 2 pin r, kc dC3' ere?+ iorod Eooutherly 1 ine "f sald R AC~C A UE Ec.'lo-aa; r' ' LL' ri s, LIJ-s said SOI.~-EZ-~~ ilEe 12,763 feet, mole zr less +o t*- p3ir.t :I . .,> * QE5i. c po cj.-'. b 'mfl&T -*. e Rater liuo aC the aforsosfd lands riy dcscrlbrd sc The side lines of the above described r-t of vay shdl be Iangtherled ard/or n3ortcncd so as to terminate said lines Ln cflc bo~nderlea of the abwe described. T* is i.n;.c:-stood md agreed by the parties hereto that Crzmcr, their heirs an5 n.;i nz, mav =onstruct ad we roaclsays CrosslrG the hereinabobove iescricrd r-igkt or ..-if, ~ro:i<e3, zo'ieJcr, tlEt said roadyay crossi~gs we sc located .md "ocstr,cted 'hqt '+I, i- :)C~.tioi ad *ise Sk.lll? not interfere vi:h nor iz2air Grar,tea'~ -1se of said hrrc- A* I. s~.vt~ .!r:;c?:bed ..ibh' of -day, nor dnaag? strx?:.res erected tnereon, nor inpair- or 6 I'? i Lcarm~e it".nTcn t~t- surface' 2f itIe :i&t of %by md eipctripalL co;ldccto1.6 ~ -+~-!r! C c co C-. In ?.he exercise of the rights hereby granted, Grantee shall avold cnrea- socabie interier-nce of such use by Graator and his suc~essors ;XI estate ,f the a- forcz-rio lands as is not inconsistent with the full enjoyment of tile rlghts nerein granted to Grantee: provided, howzver, that Grantor and kls successcrs in estate shall Tot erect or construct, or pernit to be cre$ted or constructed. any building or cther structlfre. plant any tree or trees, or Grill any well, within the limits of said right of way. GTantee sndl have the right to erect. rtalntain and use gates in all fer.- ces wtr-ch now cross or shall hereafrer cmsa said route or routes, and to trim and cut and clear away any trees arLa brush whenever in Lts .)ud@ent the same shall Se necessary fcr the convenient and rsfe exercise of the rrghtn hereby Qranted, the r:dibt to *ran5fer and assign this eaz-rrit in whole cr ra :a;'t btlng hereby granted tc the Graztee. 7na Grantor grants +c the Graatne, lts successors ana assrgris, the right to trim or tcp and to keep trimed or topped, an^ and all trees on the lands cf the exterlor lines of the right of way strip, to such heights as 1% the JudCmer.t of the Grzntee, it successors or assigns, shall be reassnably necessary for the proper con- struction, operation and caintenance of said electric transmission llne or 1 ines, but kt EO poirit outside the right of way strip to a height of less thm-. 30 feet. Grantor agrees that no other easelrent or easements sholl be graited on, under or over said -trip of lacd by Grantor, uithout the previous vzztten consent CJ f Grantee, r- ~t'rpt as kerei?ic.-o *e pravided. iH WITNESS WHE€.,,,:F. Grantor has executed these presents thc&:>day of (;rantor ad,!acent to said right of way strip for a distance of..20-. feet fron the Add . . . m-% Executed In the Presence a:: 'I I, IN WITNESS WEREOF. I hove hssesrnto set my hand and affixed my officlai real the day and year in the undersi gntcj. STATE OF C 0 Fi F' OR t .TI ON F OW FA 1 GRANT OF RIGRI! OF WAY . I -.. i ::'.;L~x::bLc' materials for protection ?ran fire and. the^ . !' : c,. ,:. 3 n: R !,o'int cn the Soutiierly line of said . .. . ':.;cstcr:;, line of said right of way shall be parallel with ere j I,,.( :;o..!: !!,A.L-ztt:riy, measured at right angles, and the €icrthee.;teriy 1in.e.. . The SI& lines of the &oye described right cf rey shdl be lengthened . zcnci/or shortened SO a8 to iemin8te said line8 In the Soun&ie$ of tho -Love ticscribed property. .. I. .- s:-:c: czcrcix of the rights hereby gzo-te?, :hc -i&t to trzrrsfer ~id. cc 0: ;aid electric ?rpnsr-.lssion line or lines, b1L at no p0ir.t outside ::c ol' snii rizht of vay; and provided also, that said roadway crossings arc ,- I.:xscu?,cd In the Presence of; i g~~7'c nc par irnmwws .r%.L. V. wrrrviu.lq ! c'cil'STT OF SAX DTRCd), i ' .LC ......... .... .............. .................... 07. , lQ.x. l,,.fc,7em,e. 0.t .~.... .day of ..!!wet sndl e=wrn9 pcrqonaliy :ippmrrd ............ J.. .C, Kennedy '!OEt.e~i.a. .!Is'?Pz:+e.l~ ........................... : .a ~<.tarv Ftai>ii,. in ,,nd f,,r rhc cilin (-ollrl!y of San Ihe~o. State of California. renidinq :ticreiq ,id,. c,,~~,,,~,~~~,,~,.,, . .. ACY.NOWI.ZITXXF.bZ- Wiinrcn .. ... _---- - ._.__ -~-- ~ I * - ._ C' E.: '5 t .- i ! 959 % Easement for Gormtfy Highway Know AU U+a by - pnwsbrt _______.______.__ .T.iTLE...!rysuR~~-A~~- rr;usS.T...cw4PIY ....... .--- ..... -__. . Grantor--, 02 ................ ..--. .. rl 5AP* LIIEGO RCAO Suaucr NO. :gj4 _.. ^.... ...-..... . _.-. _.-_--..- ....... .__- ...--.......... .............. - ... ...._ ................ .- ..............----.---....... --..- I i 1 i f f i 4 F- F :r ! !$ _^_.._... ............... _.__ ..................... ...-. ... _._.. ...... ........- .. ____.__ ......._ --. ......... ...._. ........... ..--- ......-.... -..- ... ..-.. ....... ..__._-_____ ---I-, udy of.. .......... !: ........ _.___ .............. .........-....... .............. -.-.--, owner--- of the kereinarfter descrfbtd Ianda, for and in conddcration __.___ ..-Lw.AN.P-~E~LQL ...-. _._._ ....... .____ ............................. .-.doIiars ($..- ..!..:-%. ...... -.) aad pa!< by the Csonfy GZ Sari Diego, Skte of Califonfa, cr on fb behalf, the receipt stah oL ___._.__ Cb~iE.0PJlla ... r 3 whereof is hereby acknowledged, and the benefita to accrue to- .......2.-..-...., by reascn of the location md establhhment by the Couck of San Diego, St& of Ca!ifornia. of a public highway UPOD. over and ac1088 said iandg _ ......-..... IT...-...... -..--Gc=s- hersby .93:fp_ ..........-.... 1.1.s ..-.-approval of an& consent to the IOC~~OD, establishment and construction of such highway thereon and _...... .. I.-? _. .._......_.- do.ES-, by these preaenta hereby grant, convey and dedicate to the County of Sari Diego, State of Wifornias grantee. the right of way and incidents there& for such pub& hfskxay upad. OV~? GBd Berm the said lands, heteinafter described, lying and being in the Goarity of San Diego, Skate of California, an8 partic- nlarly described ps follow% *a+%: 7 ............... ? 8- 5 5 e THAT PORTION OF LOT G OF :HE RANCHO AGUA HEDIONDA, ACCORDING TO MAP THEREOF NO. %3 FlLEC !H T3E OFFICE OF THE Co'JNTY %CORDER OF SAN OICGO C03NTY, LYING WITKIN A ST.?IP OF LAND 10 FEET WIDE, 50 FEET ON EkCH S13E OF THE FOLLOWING DESCRIBED CENTER LINE: 3EGlNNlNG AT A POINT ON THE WESTERLY LINE OF SA!? LOT G, (CPLIFORNIA ~OOROINATE SYSTEM, !AM!ERT GRID ZONE 6) 2325.50 FEET FROM THE SOUTHWEST CORN7 OF SAID LOT; THENCE N17Oo45tj3"E., ]273.& FEET TO ?HE EEGlHNlNG OF A TANGENT CURVE TO TH RlGHT HAVING A RADIUS OF ANGLE OF 30"53e14" A DISTANCE OF 333.63 FEET; THENCE TAHGENT TO SAID CURVE S.78°2C'53"E.t 2C85.14d FEET T3 Ti(€ BEGlNNiHG OF A TARGENT CURVE TO THE RIGHT iiiVlFiG A RADIUS OF 120c FEZ DISTANT THERECN N.O"O2'01.71"E. i I r :! i t I 155.3 FEET; 'THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL i -..-.. t i t,-rnt~ EASTEFLLY AND SOUTPEASTEEC~ *LO.VG SAID CURVE YHROUGX A CENTRAL ANGLE OF 39"18135" A DISTANCE OF 823.13 KET; THENCE TINGEKT TO SP.iD CURVE S.3YG0ZiL8"5., 391.51 FEET TO THE BEGINNING OF A TANSENT ClRVE TO THE LEFT HAVIkG A RADIUS OF 1206 FEET; THENCE SOUTHEASTEE AND EASTERLY AL0tJ-G SAlG CURYE TEROUSH A CENTRAL ANGLE OF 43°c1t50" A DISTANCZ OF 1026.89 FEET; TtiENCE TANGENT TO SAID CURVE S.~"~br&"E., lql2.12 FEET TU FiiE BEGINNING OF A TANC CURVE TO THC LEFT i:*V:NG A PADIUS 0.F lw FEET; TtiENCE NORTKEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43"55'~,4'* A DlST-NCE OF 87r.42 FEET; THENCE TANGENT TO SAID CURVE N.42!"OOt08"E., L333.53 FEET TO THE: BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVIWC 23"26'49" A DiSTANCE OF 613.45 FEET; THENCE TANGENT. TO SAID CURVE N.6>"26'>7"EG, 1532.71 FEET TO THE BEGINNING CF A TAKGENT CURVE TO T'HE RIGXT HAVING 4 RACIIUS OF 1500 FEET; THEN( EASTERLY ALONG SAID CURVE THRCilGH A CENTRAL ANGLE OF lo019r56" A DISTANCE OF 270.50 FEE<; POINT ON SEMI-TANGENT GF TXAT CER;AIH CURVE OX THE CEWTER LIKE OF ROAD SURVEY NO. 6&, A PLAT OF WHiCii IS ON FILE IC THE GfF;CE OF THE SURVEYOR OF SAN DIEGO COUNTY, SAID CURVE \i i i cc A RADIUS OF 2000 FEET: iWENCE NOR7HEASIERl Y ALONG SkiC CtlRi'E THROUGH' A CENTRAL ANGLE OF THENCE TANGENT TO SAID CSR'JE N.7jo46r53"E., 414.34 FEET TO EtiC,irEERtS STATION 222+51.78 HAVING A RADIUS OF IoCO FEET, A CENTRAL ANGLE OF 46"21130ii AND ;. LENGTH OF G09.i i FEET. -. EXCE?TI% THEREFROM THAT PORTION THEREOF iYIkG EASTERLY OF THE CENTER LINE OF THAI CEkTA 1a-FOOT RIGHT OF UAY DESCRI3ED IN EASEYENT TO THE SAN SICGO Gns 8 ELECTRIC COMPANY RECO IN BOOK 5205, PAGE 419 OF CFFICIAL RECoR~s CF SAID COUNTY. TXE SICE LINES OF SAID STRIP SF LA:JD SHALL 3E PROLONGED OR SHORTENED AT THEIR 'JESTERN EX TREMlilES SO AS 70 TERMIEATE 1'4 TKE'QSTERLY LINE OF SAID LOT G. !. , ' - AUG - 3 ;96(1 _"-..-..-- - ............. I c -~~~- ~ -r - -----__-I ---I -I-_-__-- _I__ - __ ___ - - - - _. _--__-- ----- 0- .----_- - I I Xi0 bS A TiJiilIEri CO~SIOL9ATION ThE GRANTEE AGREE3 TdAT AT ThE TlWE A t?OAL 15 CONSTRUCTED GN I ThE HTiiEii’i GRANTED RIGHT OF MAY IT WtLC PESrOXH THE ~CLLGW”lS b3RX: i 2 I !i P 1, CCN5TRUCf A 5TANDAAD 4-S;RhlJD EAR9E3 WIRE fENCE ATTALYEO 7:: ZYEL POST5 SPACfD 16 FEET ON CENTERS ON EhCH SIDE OF THE HEREIN CRdN7EJ 91CHT OF WdY. i 2. !NSTALL 3NE 72-INCd COPRJZATCO KETAL PIPE JNOEI! ThE ROACSED FOR 113s ,IS€ OF-THE ’ GRANTOR AS A CATTLE PASS, AT A LCCATION AGQEEABLE TG BGTH PARTIES. 3. !H57AL!. OYE 2o-LCOT COPCQETE SLAB ACRGSs THE FULL WIDTH OF THE PAVED SECTION Or THE ROAD, AT A LOCATIOH AGREEABLE TO BOTH PARTIES. INSTALL FIVE (A) 1 )Le (5) GlTES IN THE ABCYE XC?JTICNE5 FENCE hS FGLLOWS: TWO 2e-FOOT GATES - ONE ON EACH SIDE OF THE RIGHT 3F WAY kT APPROXIMATELi ENilNEEiirS ZTATiON 925. OR E 8 (E) ONE 14-FGOT GATE CN THE SOUTH SICE OF TiiE RIGHT OF WAY NEAR ThE EAST SGLtStAkY E) of GRANTOR~S PROPE~TY. c: (C) TWO 14-FOCT GATES, ONE ON EACH SIDE OF THE RIGHT OF WAY NEAR THE WEST SOUNDARY OF GRANTOR’S PROPERTY. IN THE EVENT THE HEREIN CONVEYrD RIGHT OF WAY IS EVER AEA”IOCtIE0 FOR ROAD PURPOSES, THE GRANTOR, THEN ANC IN THAT EVEHT ALL CF THE INTEREST CF THE GRANTEE OR ITS SUC--SSORS, SHALL REVERT TO ITS HEIRS OR ASSIGNS. G &s... 0 3WPANV 111t1 1st fRIJ11 IrSUlAlCt CoMm11 1. PRtSlDfll Codntq of San Diqo. thedar.and'y in th Certifldate first '-bove -den. By- 1 ~k ',\ i// 'I&<d--VLL, This is to certify that cbe interest in real prope-rty conveyed by e foregokg deed or grant t C, i , 5 f : !i 3: i 6 5 < Y 5 iE = 2 E F: 5” ?i t 02 z - i I . . __ -__I -- -1-------- --=. -e #- 77d ! s. State of m3-=Qrnl= on - - --...-.- *Y -- -.-. E* liL;taem ..-_-- Joh LM- --- .__ 1 eorntp of hn Diego 25,-, 19-6.Qp, More me, the lndenipnd a Notq M a md !or ~dd Cmfy and State, pcrswB~ appcard-..-..-- __ - r. ---_____ horn to me tn be Le President, nd - -.kretav of known 11 me to be ?e cnrporatiin that aad &e dhir iarfrunat, & rrim io me ti be %e 3i-s~ & atakd %t Y;!& mtrument an behalf of Bc comn!im kcin ~EZU, Ecd / Kt&k;lgrd to me Wpd, rwha m!d L rdhi~ I instmcnt punwit ’to tisCr’ly-tm..or a ~achtrion of its Board of Directors+ - - KTHESS q h&,& off* seat ’ A *e &&y&&- :Sal1 WCirr,”P;lrkcs id --F ir said ,a!C?- nfaT K. ~ocg q, --_ - - ! #' '. _. -. - T7 c- 4 147 -.-*-.- ~ -.--, -.-., ,-, ,, ry -..-- :. - . . . - ,.- .;I i,i i.- .,. _+__ . -----_ f - E 5 f I -,31-7.,- 7.---. ---* T .. c ., -II,L ;,_____L ,L..;L.Y, zA=2 Z~~YZ zz 2. :-,>~-'; XT,T,Y, .. ..__. 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Iyarm, > 2 :TOE~~ ?uuSlic in zn? fo~ ~21~' .- ~o:-1:1q ea~ si-ztn,, Fers32a~~y qp2Ted Robert I)BUay Kelly - > i~~~~.~ CO zc t? $2 :I:.: .J~YZ~:I ;:::SSQ iLcy:e i~ ,,li21Fn s &-.le , ra2jscyijr-S i-3 t;Ilc _I_ - _-_ - . -- - he c;:cc~t.ed tile Sp.si:ruxer?t 2z.s ~.c-:II>:'J-~< 7.35 t!p.t -- ! -JI'r>Tss zy i:Zr!C; ~rz j:rlc<sl --. se..l. ,1 ,/-) (SCSl) ~---&/*&O 8. .TCWCU, j~~~~i-~ i'a~LL5-2 ic 22~ 231 s~bc .'~*:.~~--.~ : --.<-.. 1 2.2~ -_ Ccr:~:Lssmfi X:.:FizLs &y 25, 1963 ci.- -7n S"-%. - f!E/T?.LE wo: 6641 *~~n?~~~ rrLwES /2tLitL&$.d O@ Lcctr, J &I? 23ePH3I SER:ES 2 Boar[ 196; . , fF2 SAW kOCL!3 MFiC:nL DIEGO !!.g*E.uECO~Ea c-;wiY.CUlF- RECORDS 1 /\ 5 I:& 3 &/? f [ i, '.p c c.! 5, ;v ' &- ri r - ?y. \ *. L E.: 4.. E / 1 IS0 .- *-. - =I I;' I.? A :,--:. ,:u.,a L DZZE- CIF E,~.SXIZX:* -- :?<I?,?' X. !YX?YX, io~ va!.uavic. consiccration , dcc-s !1~rzby :,rent 1. _. ~~~~1~: j. iETAIJ'I; TI:'TJ, ~~~~~~<A.~~~~ 2 .;RUS'z ~@:~)A~~[y 8 coyp3rCi:ior,, i:: its c;y;,z.:i.::-- 2s <~Js[:~c 3: 2 Cc;"iaj.n trust of :J;><C;~ ~?~~~~~ J. ~.~~~A~ ;:RS L:=JS~L)~; ~>~,~x~~~ T, ~~~~~~~; ?[-?.]:A;-& JDJ! 1:. i!T..>3C:; <?&:y:.: >I. izLLTZ; s!-:d t~ '.r:YJ,U ISLT,Y C(;?:SIDItE in her zepyesectatj-\,c capzcicy 2s y;<ccutyi\. OL ~i~e cscats of <:S',~I~~ETv~. *G;T,LYt deceased; 2r;d LLo ?,, DSEY aLLY, rheir heirs, succe.ssors, ac6 assigns , a1-& c~se~~ot 5:: street , higiway , a.nd public uiiliclj' puqoses thirty Eeet ir. ~&5; a-k Eour?c?.ccl Qt? Sic riortherly edge tlierecf by a lice Z~?scribeC 2s follows; ;eZLr.nLag et 2 z--inci~ ircn pi?? aitli krowe cap xorr2EEnEia; :he cor.x>on :CJYG~~ 92 Lots T-- I = sild 11 of zL;enchg k~ua i?E<is;-,Cz> zccorcl- i6,s to zlic Partition nap thereof :YO. ~23 =r-ed in ~::e DzfiCe of tile CT:~?C~ Zecorder, l:cvexber 15, 1s>7cY said C~ITLCI ki;iz corner 12 +Z kt 2 2r.C corner 9 of T,ct F; ihcnce pipe zar:<tT.s C~F~ET f!. of LO'; .s (Corner 13 sf 9) (:;. 73-3 25t x. 557r PC.-- i.;ap 523); -.- :;?-::- j;C 551 96" zast 546.73 cce; to 9 1iL:e ./- T / 6; z $7. ,_ . ~~ESCC ~wjt-: 330 4-71 &jTf zast 1,175.9 feet (s. 5.19 &5t E. 113.3' per C.? a s:--12x p<Fe n--,-t- 5' L:!L ,,.U&..llI~ COraEI 12 sf Lot yEP $23); !-;;e cc sath 230 451 bi!' EZSt ZL 2 (cDrp,eT 11 .I: 1;) Z? p pcint an the Sssterly 2; pzcd 3: land desipzted ri I-:~. 21: zn ?.~-tnrd 35 Survey l.:En l--T .- L.3' >;L2: --7 - tiled L:, tfic C3Zcili.L:' 3e~crdefls <Fstznces 2:;c ~~~~~-ii;s 3re 3s s:2:,x on sa1c. 1;. ,sf r --c- -- ". .-Lz> -,Q. 577-5. CEFd LZ-faoz -,;< 02 esscxcnt s:;c;ll l;r, CCSSU~-E~ at .. Jcf~c- ~~~c~x>~-i 1- 13.3. ,?!--e ~zy-~o~,~g .. -_ ? .- -;,<lit - anzles t3 t:le aE-.--c..- % .dLCic.--Y c -7-v:n.. vu ____ s COUPS&~ doc.; the r:orthei-- Ij. 50un2aq7 t;iecf~f, tile sorjr-.ley17 borir,dary sf SST& easenent to be ~~:gyc~~e~ Gy lEn:ei12ned ss necessasy ~'3 inccxsec'i tile ezster- - IT., Li.lc --------l-- ,.,csLTIL; -.-.--.,.--- ;.du,.L:cL~es 3; ~ET< parc-7, d? lmd Zcsisnz::~2 E: .- - 2e5c--<-.,-:--- __<LA./._ _- >.7. 2'' 3- __ %_LC '.. 3: 5. ;:E? 571.5. I! r QE5A G -- ! i ___.-_ .-..-.._ . .-._ ._-. -.. . - _. . . . ~ .-. .. .. ,.-~ . I. 151. 0 P ,rantor hcrcl:;. -<7Jrc:lC:: s;rangs to ~2;: ~;:,-anto.: c. P r ti c-*-- . * 1.- _^_I_ <.. .. -j.:-; ---;:It 'io ;;:TEnC ~~~~y:c~i<~ zp: p:j:;:ic :::-.z.i:-::;v -."-.C .>-." c!:? pYT- prJ:cs 511, xglJey, 0VC)I ,-.T,c zc:-.:..;s 52?<: cccc:.::-!i':, ,' c-1,2 2:=;1c zoy -,.il'clFc rt:;cp: 2,;r-T ;;:;y;a;. !:.~qy..~cc; :;cse:>-inS CI.2 I A- :e:i'c ~iid .t,~vi~ccs, ~i'~c~sco;-,c cn.5 ;IZ?~,PS, -.?L c ,,>-:.As- "-. .. 1 exceT:-y.ii;, Bovcver, to ?;rcn';or ii like ar.5 Lnd~~cndent i:iz:ht to ?- &.~ 2- tj 1 IT ;geng s:jc;~ 3tTliY;j ~~s~r;..c~~,~s t;:ezcifi z:nd 65 ::2 fic,rj?.rstC said casmeI?t, c The casencnts zr?d ;:i:;hts herein gracted to grantees are. 2nd shall be app. ,-;enan: EO lands or irixxnsrs ;herein aF tile gre~~ees, their heirs and devisees, s~ccesS~i:s 2nd assigns, indL-;idually and colleccivcly, iE arid to ai, izrds or intc .c-sts E g 2. 1: 2: B' E a;.. t:?ez-in o:.;;.,ed l;y Clia or ~njr 0: tl.tea f.11 eii5cy Lots F .z~r G of .. 'it ?m~5?o Lgua iiedionda. r- ,r.lantgr f.%rtky ex:p.rcssly ~xcep~s and reserves the y<z;le of c~L~.~~ ase of said e:ze;;len'i, 2nd 'i ~X'L tc orhers shliIa:- rmn-conFlictinZ r%$it~ therein, ?,- - 1:~s cs;:enent axi otkz ri.$its hsreir, ~ssnted are i3LCL:-~d ----.-+ 1; p.21-t in consi+ratlon of rhe izziver by, znd ex- tin;=.is~~~en~ "2, anp ~52 ZIT FzEscri.?ti:re 07 Eiicient roa&my . -. -=, -.J'iC~ S--P zi:& ~~~~~ents :;?Id 33- Lientees E- .lac> 32 C~ZG in said ~~~~~~i~,t-~~ ;TO. 2" la;lds 3s:side 05 eI?c koali&~5,es of t--his eesc2er;t, i.2 Lei-,~ a~?:e=~ ';:kc: ~;hi.~ eeSezcnt coi-xccclj dee- cyLscc t! i;3yI<oa ~f -3n a;;cle~: CEGC)~ rg&.q; an2 accepLance or' gklL ,Tyant 0~ exercLse sf z?,.~. ri;hr 3r bececit ~Lven hereby, :jy zr?y 2xari~ee, i,ls L:ELy 3'; &X&~C., :.~CC~SSS:C or assizn, shdi be crid ~,T~~~~-:I~~:~ cor,clcsl-ge evi.dcr:ce of scch vaivc, and ?X- .- .. .. . . .- l-. LLilL.-lsl~A-.~~~ 2s t-0 ECC:? ?erssr: so ~cce2'~L.n; ox cxerc- - - .- r . .. 1 s-2~~; ~-~;:lc 3, i>eI-,?xiL. .. ,. - f- .- 1 c'. . -I 152 .. ?.. J ,?c p,s~~c-~:-sc,.<k~r: ~ ?.::riCs ).re ::ad arc situntc in the (I' * Cosr.::y <,: c:az gie.53, ctctc 2; CC.~LLOP?I~. ::it-nc2ss E!y ii~fi6 Cr.2 seci i-!;$s 12th C'2.y of JaiXlG1>7, $11 J~TS~:>? l2 ' , ?->SI, bczore Tic, R. lvascu 3rd S izre, pcrc ;niilly 1.- c,y';uJ.ee ^..-.^^- * -dl3 K. Suitbp8 , L-.l,g:m E9 -2 : I;e the pcrssn T<?ose nsxe 2 sukscribed. to CLQ ~iThFn Lnstruxr and zcknovledged that dm eszc;itcd the szr.c. .,,~;.;i-~ rLy >lend 3r.d orriclal seal. PC. - -TI"-< m .. .. p23kLc 1:. nnL f3r S22.C co:2T.zy zzd State. :*Q Coxiission :<::?ires W 25, 1963 .% Jb4 12 ' 2.3oPH .. 51 ;RES 2'&6 1361 'OfF\E:LL RECORDS SIH ciS0 cbUUTY.CALIF. 3, RPOIR 8.@FNumER ~ 5 72 y?h 1 1 GRANT OF RIGHT SF WAY ................................... EIcx< ?.&?x. sy EM I a. .E s=m.a .='?E :sa. ......... .-. .......................... ----.- ... ............................... ................._._......... , a3 Gxstc:, %r XXL in ccinidt.rariufi & &c szz: ni =.-.e L)~l!zr 0k-r valuab!e cons:&eratim paid by . cA3.EBa. )%T;IciP,&&. 3;-4'.'E1?_.cTs.~;c~...ii.. ~~~~~~c .~o~l..;*:.l'.e~~ .... _. a 1st ........... ric 5 orp2r71zed 2 ......... arid .~F;x~~,~I;I~~. . "93" 7 t$e ?Wi! c)L::,?%t ?ate r. ?)istri~f-..A~ t...Of...l9l.lI.. 2s .mc-r,d=i i ..................................................................................................... 1$ G;a;:<e, ::<:;c: .*.B:=( is kc:+ ~c~pOu&-.ip,j. 8.3 +d,> ppt :a 5aid CAi?Em3 .>mXIPAz. V:5SE -.---;r..r-- U22iCAbL ,.-.... ................................................. i.. * p $C .... \i .... ...*..;'i b.C ..................... it siIcce:wT'i and assigzs, .a as-mer.? of 31gh: of wv;y,~~~xrctxxx~~~~in. vponFover, uwier, and acme '~mc~s ttc:sinaf!:; 6cx~kt-d. to crcct. conztmct, recsxtrud, t-z;~$=, xpjr. z:zichiz 2nd us a pipe!iw or +E& ay arrd 2:i ?u:pss~, tcpther with their n+:essq 6~1ures 2nd qpurir~ar= including but mt iimi:ed to conduh c&!cs for power transmission and communication pu'poy~, et such iocations and elevations. upon, alcng, over and I rhz 'nertiaafter descrikd right of way as Grantee may now cr helair &m cocvrrtient and necessary from time to !ogether Wii> !$e right 3: ingress iher:to and egress therefrom, tc and fmcg said right of way by a practical rcutcor r / x* %.,, c " *---4* I' - in, upm, os8 and across the herein-f;er described iands, toeether wi&\ &= right 10 clear pnd keep cicar =id right 01 from e,pIusiv,--,. bui!&ngs ad stmcturcs. .. .- The ;and$ in which sid eawmcnt of righ: of way !s hckby pr.d arc si:s.xtd in ;he Cmr.;y of ... %!1..Gif.g0. State of Coiifarniz, 2-6 arsI p;lrtidaty dsrihd as fdo=s.'to =it: Lll thzt percel of lacd 2esign;nate:l as "&cscrips.ion No. 2, n2.@q Acres"" 2s sh.57~ erd de;lx?zted on Record of Survey X22 No. 5715 file2 l!i the office of the ~oixty 2e.ecorder cf %x Ciego County, %cez:,.or 19, 196c, SeIrg a par-tlon of Ut "G" of tine Ezxho &ss. :iedlcr.da 3 the Count:: of Sa? Diego, Stete of Ca.lif; 2ccordir;E: 'GO I{q thereof ?:c. 823 filed in the offke of the County Recoder of San Diego County, Sovenbe? 16, 1826. -5:lf:L.;f SI @y=i=-- -R.@?StcF E?%;XRPrn!ek om 1.9 m&4'a WFtfySs. REWm ?a ixm CWm, w. A8f.3w*€?EmsR i X!%2 m zsi h. /-- ]Lii /) 9 c;..K~ 'I$ 08 5 i 3 i s-Km-q&-:d ez.wment of +t of way in tk! rfmz&d h& is i%rt!cur?% &s&& as hh: i 411 thzt p~;'ti.m of said imd dcsle;nrit,ed. ~p !trczcF$ti3r: yo. 2, 8s.og Acres'' descriixi 3s follows: 1 i i! .&-T?&t'\qL ,' t;t L str:g cf lnndrn0 fee:: in ti:^:;)? zqacent to %r:5 ~~~,~tp,~:~~t~~l~ frog S.?uth;:cst5riy line of an eBSE'nE'r,t 2& right of vay 151j.Ij(i feet In ;,i.?th gg gr to ?he Sa2 Cicgo Cas & Slectrlc Cmpstcy b:~ ~EICJ,~ recsp:ad ~;rgust 14, 1957, I.? mok 6706. page 514 of Ofr'iCiai !?cccr-3s, thc Bortheasrerly line cf cald 10.09 fmt strio being the Soilthwsterly 1lr!e of 251~ 150.$0 ioot rigfit 'jT' way. .:. . - .. __ . .- ? $0 ' Flj ! f f Grar.tor and .. ~~.~.....succc~~s in &ax &!I mi +IECL _- -%c\ 07 prmit to be =redo4 csr mustr h~i!ding or other struchre, pht any tree or m o: drZ any ad OT vmk: wi&i the Fdt of ssid ii$t of Grantee shaIi have the right to erect, I?uin:sin md w gats in pi: fences whiQ nirn CTMS or &a3 IKlt. rima? %r tht convezicilt and -5 excrck of ?lit ri$his EerzSy granted. tbt right to wd:r sr,d w tt;j In wkok or In part being bereby prm:ed zo <&e Gr,-.-.';et. Gizakr apes fits: GO v6e; e~c~zt or easeir-ts hl! Sc pz:d a?; .~1&r or 3~e~ &d * of hd i wilhcut & previous rritter. mrmt oi Grmtet. It k tlso undcrsbod and ad hy the pads hereto ibtt ih Gmr.to: '&d~&f-:.&&&'~~~ ircreaje OY decruu?. or pmmit to be in& or &rad, tbe cridng prwd &va:iwa cd tizd * dcs uf way, &ling at &e iice his duccmmt is ex4 wi-hut Gat ~c;rious wfittm Ccmt of Lbe rrantn. % said ro9k or routs, ud ~JJ trim md cut and &r away my trw ar?d brsb wbrnerpz :n is 22L-t 5s sa f 5 .- . . .. .. , . .., .-. . ... ti f '1 .. .. .,. $3 g%jjcer t+izjT. IbC Lkn!CZ ____ !l&.L.:..e:&Ad k-u pr-& i.2. .. ... 4?& tt ...- e??Z-: _- ELedrd io tbt Prraence of: .+EK a ___. 2zx&?i--*- U.2dd 'g- * P A?e&. C-'#'&L; p .. 1:::c- ~ wi ._ .. -. . . , .., ..- I... -.---I--.- .- , .. 7- 0' Y ..._.._ ___ ___..........-.. ------ .._I -- Wiw _________._.~_.I____--_-.-- - -..- _----.._ Typed 3+8-61. [TI DIUWN BYJT~ ____ ~ ____-. _..._ -_.. __-_ ..-..- -. .-._-_ .-.. . ..-......- I XGTARZES45E =OR% FOXX C -. CHECIum BY Fm ,. - , , UEW0-5547 - *\ ,. I . R/?M-G-arr-Fwm ZIGl-RcrircCAvpu.? IS59 e. c-2 .I 4 ?? b91\ '.I .. 4. - . a u vil-mmsm t STAT€ C? CI~ORn4. 1 cor~ly~f~m~icga $ s 2- ihk -&%* d BF+.esbe=. A. n I&% e m5 Pad S. &:lrsk:y --- a Fo'aV p*C md-f& the =id w *xi SrCce. i&dir4 k-ein. ddy wmm%njmed u;d rs$;n. p~di=sti, aGsu&d..-_-..--- -.--Am $9 9- b be t& prXQ-..&- - -..--- de& - __________ Y.- Kubo*a- ~~i~crhd ?O the &!tiin %stramat, a : ??'ii dmz10, rb biag b me i+ srr,m, ~~-3 P;I qs : ~-----h=..~izh&.--&(~TlSbB6. cEIIfGm.i& 4a~ fixL--- ye8p-* en< m I,.- EhiZY E9123 Enltts22 ______ -de .m-n L. i&L--- io k s5 : =. p----- ?he E9m,J.3 ___- ddDScri 10 &¶ *fi and 'mCeX3 &&.r;ne.t, ex-$ mG. <sixr & - & fi & -.5:krs;2 R rid a h -BLC--EWA k Larr;e; and ih said oi~act --~LB-! -..'Mo 191 FillBS 5fi F&iffo~ @%e& 1 hyt i,Gca~ 6 tq imi xi ~cmj q &-id *,m .,.."':: I '. 7 =dm% &B di f& ch *o. --=3 x-; r. F----->&.; * --..---.<x+& *: &;e' t~kc jn ad 19: =id -+%p, D-. &a& S. E~+T%s~L~I i: - ... . --. . . .. .-' c .;.rr..- .I '..., 2" , . ._ - ..-- . . .. -**.l *. I-., :'. ..__.. .-. A;.*. _- ...... .. .. . . __ . . . .. _I..... , . . . , . . . ... TkLS is to certify ipai :he jntereat ~ real prcpert~ conveyed frcm the : 1.:. I - - from deed of grmi dated &I23 4, 1561 _-- aily ~ellg &it,iera, a E-rrrled womtiri _____-_- __-. - _- --- - To CARLsBAD slTJNICfi>-?L WgmE ~~;TxKI~, s :k<r:.nici& Y!!ater Distri orwized a-jd existing :x-der ;he &Tmicipal v;'z:z~ District Act of 19 21, 2~ amcnded, is hereby accepted by order C'f the mard of Directors Of cP,~~GBAD >VnTICzIpAL WATER DETRICT ON -@Vkemaer 8. L?61 a' the g-iee coos?.n~s io recordation tiiereof by its duly aUthrized dficer -. 5. .. 6.. .. cATET): Segts~her 8, 1961 ,- 3.' 2' *.. ' c44KLsBA3 ~~~~~~?h~ ivATER i .f /&!A: /Q.k p,IC?imD R. LLT ~~~r~+ar~ cf tho CarlsSad rv?m-icC Gistricr ai$ ~f tha Board of Dire thered. .c BY ., . c .. .- .. t .- 7. .. .-e .. g 5 r C- - mjwb 1 nm? czfezd e. -17 5yd z3d em a~ &kid =A md yar k CLi e- 17s &e r&e - - .- .- -._ __ __. - .. ..- - .. ..___.._ ____ , . . . ,. .. , . __. i* PnUk k d for crM P-3 .sd 9. :,s s ess.3.r ' .i Farce1 Froject TI1 1112-L- .\-- __ 21 .___._ 2-041-02 - - h'. 0. No. 3112r-J I0g NC. 377-9 Parcel No. 27-0617-A -_- _-_-_- - HAfiK E. fiUI LEN and tiELE:I E. I-ILLLE'I, husband anwife - _. __ _._.__.-_.-- I;ABLSSA .___ and .-_- -___ ___ __-_ ~ D IND1I.SIRIA1PEVELOPE.lEMT: a 1 imi ted partnership ;. --cinifter designate? Grantorkj, represent ttat --aey are - :he owr?er(s) of the hereinaf -cr:&d real pro?erty, and for a valuable consic?eriitibn hereby make kj an Irrevocable Cf 7- 3e2icat;on of tie hereinafter described real property for the following pilblic ?grr;ose: PUBLIC tl IGHWAY 75:~ real cmperty refsrred to above is situated in tl;e unincor-mratecj area 05 +,e Co'iiity S.x L'irco, State of California, and is more 2arcicul.irl.j described as f0:lo.a: _-L_ Parcel !io. 77-C617-A T9at portion of Lot G of the Rancho Aqua Hedionda, in the County of San Diego, State of California, according to tZ;tp thereof ?lo. 823, filed in the Office of the County Record€.-, described as follows: Ci)K4ti;CI'4rJ at Csrner i;o. 12 cf Lot G as shown on Record of Survey Map KO. 7938, on file in the Office of the County Engineer of said County; thence along th2 bcundary of said Lct G ;Icrth 71"!7'49" East, 546.48 feet, (!;orth 70'54'27" Eds;, 546.53 feet per Rec71rd of Survey I-!ap ib. 7938) to the TRUE P3iXT OF EEGI!iYING; thence continiing along the boiini;ary of said (7-26-77) (RH: JK) 970.00 foot radius curve, concave Easterly; thence Southerly and South- easterly along the arc of said curve thrcugh a central angle of 24'41 '03", a distance of 417.90 feet; thence tangerlt to said curve dJ- . ',.. .. ' =. 35 -- \' I~: c)lit-r ,-.I ikiiIca:ion is made pursuant t3 Section 7050 of the Government Code of the Stst, of c'c%:ifomisl .rid nay bc accepted zt my tine by the city coancil of the city within Ghich suc r<.,ii ;,-og,crty is locazed at tk?e time of acceptance or, if l*Jcated in the unincorporated territory by t;'lC Eoarci of Supervisors of the: County of San Piego. i:; c)ffer c.f Dedication may be termimted and the right to accept such offer abandoned in th I+, [mmez- '1s is prcscribed for the vacation of streets or highways by Part 30f Division 9 o .31,tr>r 2 of Divisioa 2 of Streets anri Hiqk-ays Code of :he State of California, whichever ir .1;.i.lic.151~. such termination and a'oiindorxent nay bemade by the city council of the city withi i~hi(:h rc.31 property is locatei?, 3,' if located in the unincorporated territory, by the Boar cf s~;~>~-visors of thr? County of Sar. r)ieQo. ~51s 3ffi.r of Deuicai:ion shall he irrevocable an2 shall ix binding on the Grantor(s1 ____ their -.. 5t.i rs, i'xecutors, adininistrators, silccesscrs and assigr?s. caused this Irrevocable Cffer of Dedication to t :n 8tlt.-..-.ys \\:?ereof, the Grantcr (s) -k!cV-t? I ... ,?>:c.cute8 6- ,~~1~;_2_n_d ' _____ day Of-AucusL ____ , ;977. CAi(LSGA3 1;iDUSTRIAL -DEVELOPilEfJT -d& fli.dL!.&L-- __ __ __.. -. 1 '. :<:. > %<.< -k;.,-..: .BY - L*LLL-L,? ---- ... BY. __ .______._____-----------I_ \ /,LL ' ' '. . . ,;-LC-< < .c i: : -.. . ' 5. --La P&<, ,2< z FRAN( E. M1IL:EN L --------._____ ~ ____ '. i -'/. ;-i i _- i\ HELEX E. MULLEN -___- __.- _____ ____ ____--.___ --____ ----~___~- _-- ss. --- ( STATE GF- Cal i farnla countY ~5 --!an Diego ----___ I Sa.,' .~. I-,-,.-*.. ..., -.-: 3r.d state, personally appeareu , :2r, .kuqust 2. , 15xbef3rre re, :he LndersFgned, a Notary Public in and fi ._-______ ~_- Frank E. Mullc!n ___. -_ ____ -___ -_______ __..- . ____-__ _--- -__---- . .. . subscribed to tke with n t~ nt= t3 be the person ..:.cse nane is __ r-mt?r.t, xnd acknc:w?e-'qed thathe executed the same. I mnnnn. "1.1.11.: I*.lmTcT~m.r.m~m7mmmmm - r;'itr.ess r.f !:md and offici31 seal. 2FFiCfAL SELL ' 1. I ,:i.r:.: 5:: 33 lx:?alf of t?.e Soard of Fvipcrvisors of the Comty of San Diego pursuant to aiithori *ic,:.fcrrc:2 by :?.eso?ut:on of said :'oar2 acopted on October 12, 1476 that the Ccunty of Sa? Dii CC,~I?;P:-L:S :o the na%i:ir: of ::..e foregoi-q ;rrevoc&le Gffer ar.d consents to recordation then b;) it:; ci.iij7 xithorizcti officer. r ' I- , ' $1, -7 -, - ,I > . 'r Cat(.ri .&:? -._:,- -1 ..____ ___ 7 7' f _______ __------ @ --- I ' 4w .d <''. \ 2 'R. J. ' PFLIbzIN, Director of Real 1'ropr.r Prr -.. .. :.,rb r:,rrL 12 (1C-32-75) 6 i IZ iw ! -0 n :4 W 4 a\ 1. 4' 5 . =. 35 -. .. .C i~!:t.i cif i?c,tii~-.ltion is made pursuai r- to Section :OS0 of the rfiverninept Code of the :;t: f $.%: i i:.~>ri:i<i 'i:?.! war 5.2 acccptc3 at any time by the city cour.ci1 of the city within whick SI tt:.ii i I{>;,.:rty I-: Ic,catcd at tiic tire of acceptance or, if- located in the unincorporated territo :>y ttrr. ca;ir.,i of Si-pervisors of tnc Cocnty of San Ci.ego. :ff::r c-f >?;_.lication m;ry bt: terminzted and t.he riqh? to accept such offer abandoned i!i r~i:~:ix 2:, is prescribe2 for t.hc \,?cation of streets or highways by Part 3 of Pivision 9 of 1)iT.vis;ion 2 of Street>; and Hiqhways Code of the State of California, whichcvt-r l+,- Si:ch tcr-ination and abdndonment mayDcn3,3e by the city council of the city K it :i! real L:ro;:crty is locatc>d, or if located in t:?e nnincor2orated territory, by the 3c. i.~ of :.cci:cation shall he irrevocdble an6 shall be binding on the Grantor(si the? I isors of the County of S:L~ Ciego. .._ .>, . .I :, t.~~~iit~r~, administrators, successors anti assicns. ,:-. .\I:.::~'!:s \-,>err?of, the Grantoc (5) have caused ti.is Irrevocable Of fer of Dedication t( . .. 61s~s~;:cd ;hi!; - _-!J.J __-__ _('.ay of Augst , 1.977. CARLSEND Ii!DLlSTRIAL DEVELOPMEt4T ---LLL - L&- ___~ ____ ~ ___ 5y - .L2:?JJ- l&, i_ * ~ , E. ,'.Pi .2,./ ~$2 < , - .EY . . - . . -. __ . - -.- __ _.-_.-____-__ _-_ __ __.__ '.. . i , __ !!A ii c-~ ~ ' ____._- .--I-. _-- a. -:I:- ;y LC, //?;&/ i,,&. ,L j .~ ..+. A. FI!ANK E. tWLL EN ---____ _____-_ ,? . :. /f'!' , - ,! , >!AilL. I . HELEN E. MULLEH ----~-- __________ --~ TmE INSURANCE 1 s Uartnenhlp 1 y- 39 AND TRUST - m A7DP Corrrn . ... .~. (. -1. } ss. \r.lIE,c.f. ('41 1F0RSl4 San 3iego , CoL \ I Y OF .-.. ___ ._--- ---------, on-^ ----. ~-- - ._.__ ~. .~._ __ ..-. ------ -.---- 5,:fL,rLg ~~ihbcjJc~~iT,c,j. 3 Siotary Public in and for said Slate. penonally aFWared-- August 2, 1977 i ams ' 3iic in an< -~ -__-__--- ~. .__.__ ..__ ..__. ~.-.--- I - 1 ~ -___..-_--- ---- -- 2 (o k the general dxapwncrfof rht pa:ir.tr% tlliiimnn!nn.m ~n.mmm~,~~,~~~,,,,~ 'p known 10 me i to the w: *I ---..- .-_-_-- -- --- : [h3: c,r:uled [he niihin instrumcnt. and zikno\;lcdscd 10 m= CFESCIA: SEAL ?~~%?'I'LE 1. CNvlDDl I - z CALIF3aN.A I . -. I>_ ..:y :: :3t:; !),at sr;ch psrtncr\iip c~cmtcd the =me. 1, ..$ I? \€SS my hand and Jficial sed. P8:N;;P;L OFFICE IN I -.it D;E;5 c:tJIN?y ir C-::*l Ssion Ex;ires &:arch 17. 1978 l=-Yl.uULI,.W',uuuu..yWLir).W lE , '3. ?,' Signature- .,.L.,L&LL-.(- 0 p- i I\ I- ,, (nu, =rei for ofi1.l no(rrirl Ul) ______________. -- -.---- - .- . Lk th . .. ___ - -- -I FOR NOTARY SEAL OH STAMP - .. -- .- - hCli.?i ?J%C . C;,UfDBXiA :C Piw;;.l 311ce. Sbn Diol0 CJ. Ta:L My CoT!.nissia:: Cxp. J~ty 13, 1591 . ?:**,r.>.;\ ,;; r.,..: .. ~ .. ~_~. .. - , A"..*,, 10 "IC ?,V L!..,! ,',T -2:T.P. im . . :. . .,. L CITY OF CARLSBAD 1250 Elm Avence Carlsbad, California 92008 ) i9K JUll 27 /J! 11: 13 .- Parcel No. 212- 641- 63 5' 04 - -_ ..... . __. XOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (Rhm~ Drawing No. 2.41-7 1 and/or improvement plans (mm~ Drawing NO. ?41-7 1 for development to occur on property described as See attached legal description (APN 2i2-04i-o3,Oq, I (we) Xuntinqton Beach Company the owner(s1 of said property promise to indemnify and to hold the City of Carlsbad and any of its agencies or employees harmless from liability for injuries to persons, or damage to or taking of property, directly or indirectly caused by the diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system vr other irnprovemciits identified in the appiov& plans: or by the design, construction or maintenance of the drainage system or other improvements identified in the approved plans. C" Approval of the plans by the City shall not constitute an - assumption by the City of any respansibility for such damage or - . . .. . - . -- _. .. .. .. .. ', .. ,. I. .. .. .. .. . -2- City shall not be an insurer or surety €or the design or f taking. IO38 b constraction of the improvements pursuant ta the approved plans, nor ,-. shall any officer or employee thereo€ be liahln nr responsible for any accident, lass or damage happening OK occurinq during the construction work or improvements as specified in this agreement. It is further agreed that the above owner[s) will maintain all drainage systems to insure a free flow to a satisfactory point of discharge unless said systems are accepted as public facilities. It is further agreed that this agreement shalL be binding on all heirs, successors or assigns having an int.erest in all or any part of the property described herein. iN WITWESS WHEREOF, the undersigned has executed this instrument this 3' day of &//E- , 19Ej'. -. -_._ OWR(S) I Huntington Beach Company CORPORATE ACKNOWLEDGMENT Stateof CaliPornia Onthislhe 13 day of Shirley M. Ekstrom the undersigned Notary Public, personally appeared J. M. Harter and J. W. Johnson 3personally known toma ;: prove0 tome onthebasiso~salisfscto~evidence to be the penon(s) who executed the within instrument 85 named. and acknowledged 10 me that the corporation execuled it. MTIWUHOr~-~.~?~~~.POBm~.-WLC*~ No tm --. -- :r ,'. , . .. . .. .. ... .. . .. .I .. ' .> ,.- , '-1 103': j . ' The land referred to herein is situated in the State of California, County of San Diego. and is described as follows: w PARCEL A: That portion OE that certain parcel of land shown end designated as "Description No. 3, 78.07 Acres", on Record of Survey Map No. 5715, filed in the Office OP the County Recorder of Sen Diego County on December 19, 1960, being 8 prtion of Lot X" of the WCKO AGUA HEDIONDA, in the County of Sen Diego, State of Californh, according to Liiis Hop thereef !ks 823, filed in the Office of the County Recorder of said Sen Diego County, November 16, 1896, lying Northerly of the center line of County Road Survey No. 1534 a5 shown on said Record of Survey Map No. 5715 (now know as Palomsr Alrport Road). Excepting therefrom that portion lying Uesterly of the following described boundary lines: Comencing at the Northwesterly cwrner of said "Description NO. 3-; thence along the trortherly line of said "Description No, 3" South 89'46'32'' East, 214.71 feet to the ttortheasterly corner of land described in deed to Epoh Investment Club, recorded November 15, 1961 as File No. 197951 of Official Records snd the TRUE POINT OF 8ECI"ZNG; thence along the Easterly boundary line of said land as follows: South 19.12'56" East, 1115.85 feet to an angle point therein and South 02°36'00" West, 500.00 feet to the Southerly line af said 'Description No. 3"- PARCEL B: That portion of that parcel of land designated as 'Description No. 3, 78-07 Acres", as shown and delineated on Record of Survey Hap No. 5715, filed fa the Office of the County Recorder of San Diego County on December 19, 1960, being a portlon of Lot "G" of the RANCKO AGUA XEDIONDA. in the County of San Diego, SLate of Californfa, according to Hsp thereof No. 823, filed in the Office of the County Recorder of said Saa Diego County on November 16, 1896, deacribed as follows: Beginning at the Point of Intersection of the Northerly line of said Parcel with a line which is parallel with and 110 feet Southwesterly, measured at right angles from the Northeasterly line of said Parcel; thence along the boundaries of said Parcel as follows: North 89' 66' 32" West, 214.72 feet to the Northwest corner thereof; South 1' 02' 57" vest, 1,255,68 feet; South 28' 55' 39" bst, 190.67 feet to B point in a 1,500 foot radlvs curve concsve Southerly, a radial line to said point bears Hoorth 6' 39' 05" East, Easterly along said curve, l16.lt0 feet through a central angle of 4' 26' 46"; and South 78' 54' 09" East, 382.97 feet; thence North 2' 36' East, 500 feet; thence North 19' 12' 56" West, 1115.85 fcet to the ?dat of Beginning. rlh/kr .. . - . . -. .. . . -. - --_ - - --- -- .. . . .- - _. . (. I , ._ .. .. 77 .. .-. . : .. .. .. I. . .. '1 CITY Ok CARLSBAD AND wnrn RCCORDLD WAIL TO 1985 Jut -3 pH 2: 16 r hr City of Carlsbad (r,rc 1200 EI.III avenu+ -8 Carlsbad, California I - -I 1 I WL 92008 ry we n*nram m ' ,,.- 'City of Carlsbad ,,,,,, 1200 Elm Avenue - Carlsbad, California 92008 J %A L SPACE ABOVE THIS LINE FOR RECORDER'S USE- Corporatfon Grant Deed the Huntington Beach Company the City of Carlsbad, a municipal corporation, an easement for public utiltity purpoees/storm drain over, under and across hereby GFUNTS to a corporation organized under the laws 01 the Shtcof California the Mowing dcazribd teal ptdparty in the City of Carlsbad , County or San Diego , Slut0 of Cal ifumis: See attached Exhibit "A" for legal description atrtached hereto-and by this reference made a part hereof. All as shown for convenience sake on Exhibit "Bn attached hereto and by this reference made a pafC hereof. I before me. the under. (7hlr UI. tor omclnl nwioi~~ mi) MAIL TAX STATEMENTS AS DIRECTED ABOVE A Parcel of land being a partion of Lot C of Rancha Aqua Edion- da, ~ag No.823 on file in the Office af the County Recorder of the County Of Saa Diego, State of California, located in sa;itd Countv of said state, more particularly described as follmar Parcel A A strip of land 15.00 feet in Width, lying 7.50 feet on each side and parallel with the following described centerliner, Commencing at the most Westerly corner of Record of Survev Map No. 6493 on file in the Office of the County Recorder of said Countv, of said State; thence, along the Southwzsterly beundatv line of said Record of Survav Map N0.6493 South 47 28' 18" East (South 48" 01' 52" East per Record of Survey No. 6493) 379.70 feet to a rJoint on the arc of a nontangent 1401.00 foot radius curve concave Southeasterly; a radial line to said point- beats North 43" 32' 52' West: thence, leaving said Southwesterlv bouna- arv line Southwesterly along the arc of said curve through a . central angle o€ 34" 28' Of" a distance of 842.83 feet to a point herein described as Point "A-L", a radial line to said point bears North 78' 00' 59" West; thence, continuing Southwestexlv alonq khe gitc of said curwe through a central angle of Qo 19' $?* a distance of 8.13 feet; thence, South 11" 39' 04" West, 390.89 feet to the beginning of a tangent 110.00 foot radius curve concave Northwesterlv: thence, Southwesterly along the arc of said curve through a central angle of 11' 56' 19" a distance of 22.92 feet to a point: of compound curvature of a 47.00 foot radius curve coucave Northwesterly; thence, .Scuthw$sterly along the arc of said curve through a central angle of 44 40' 37." a distance of 36.65 feet to a point of compound curvature of a 110.00 foot radius curve concave Northerly; thence, Westerly alonq the aKC of said curve through a central anqle of 29O 11' 56" a dfatance of 56.06 feet to a point on the Northerly riqht: of wav of Road Survev 1534 as shown on Record of Sutvev Map No.5715 an file in the office of the County Recorder, of said County, of said State, said point also being 8 point of reverse curvature of iSSO.00 foot radius curve concave Southerly: thence, Westerly alonq said Northerlv right of way and the arc oE said curve through a central angle of 0' 07' 46" a distance of 3.50 feet to the TRUE POINT OF BEGINNING; thence, leaoinq said Northerly right of wav line North 45' 23' 15" tast,--20.00 feet to the Point of The sidelines of said easement: shall be shoetened or extended to begin on said Northelrv right of wag line through Che TRUE POINT . The sidelines of said easement shall be shortened or extended to begfr, on the arc of said 1401.00 foot radius curve through the Paint of Beginning and to end at right angles through the Point: of Terminus. .!? 6.. 7) i ( - / '-*Zi" L - 7 CERTIFXCATION POR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated from ?he Hun- E!ea.chcanFauy to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California pursuant to resolution No. 8074 p adopted on Jm 25, 1985 , and the grantee consents to the recordation thereof by its duly authorized officer. Jme 13, lp8S DATED: CIlVkS 26, 1985 I i i 4 .L ,*- 'i - --__ -_ AND WHXN RICORBID MAIL fb . NAU~ City of Garlsbad *DDW** 1200 Elm Avenue SPACE ABOVE TNle LlN6 FOR RECORDER'S USE - MAIL TAW n'*n*I*h rn 1200 Elm Avenue ADDual Em a "*"L, Carl'sbad. CA 92008 J THE UNDERSIGNED GRANTOR(S) DECWUZE(S) DOCUMENTARY TRANSPER TAX Is S 0 computed on full value of property conveyed, or 0 computed on N1 valuc IESS value of liens or encumbrances remaining at timed sate. 0 unincorpora~lvea El *of-- FOR A VALUABLE CONSXDERATION, receipt of which is hereby scknowledgpd, Huntfngton Beach Company a corpratinn organized under the laws of the slate of hcrcbYGRANTSto ca1 1 forni a City of Carlsbad, a Munfcfpal Corporation a drainage easement over, under and across the following described red property m the C I ty o f Car? s b a d Quntyof San Ofego , state of calitornla: See Exh.fb1.E "A" for legal descrfption attached hereto and by thfs reference incorporated hereln. All as shown for convenience sake on attached Exhlblt "8". HUNTINGTON BEACH COMPANY Dsed June 17, 1985 =ATE OF CALIFORNIA of the eorporadon thet oxeeu~cd the wllhin Lirument. known to mc to bc the prs~u who executed the wlthin Snstrumtnt on behalf of lht corpornllcn themln PlCO DR. SUITE 20%; CARkBAD, CA PPOOI NE 0 AREAPAIIE~I~ 729-4987 A strip of land 15.00 feet in width, lying 7-50 feet on each aide and parallel with the following described centerline: CUMMBNCING at the m08k W&3(r&!!ly txm~ of Record of Survey Map No. 6493 on file in the Office of the County Recorder of said County,oE said State; thence, along the Southwesterly b?undary to the TRUE POINT OF BEGINNING; thence, leaving aaid Sauthwest- erly boundary line South 22'53'02" East 196.79' feet to a point herein described as Point *A1" said point also being the Paint of Terminus. The sidelines of said easement shall be extended ar shortened b-- __ begin in said Southwesterly boundary line of Recerd of Survey Map No. 6493 and to end at right angles through the Point of Termi- Parcel AX A strip of land 30.00 feet in width, lying 15.00 feet on each aide and parallel with the following described centerline: BEGINNING at the above described Point "AI"; thence, South 22'53'02" EasC 35.00 feet to the Point of Terminus. The sidelines of said easement shall begin at right angles through the Point of Beginning and .ep.d. at right angles through the Point of Terminus. line of said Record of Survey Map No, 6493 South 47"28'h8" East (South 48601'52' EaeC per Rec rd of Survey NO. 64931 2296.15 feet c *. . . _- PROPOSED Ca7: 81-46 UNJT No. 3 ( .. This is Co certify that tzhe interest in real property conveyed by tne deed or grant dated from ~Hun~nBexh~ to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlshad, California Pursuant to resolution No. 8074 , adopted bn June 25, 1985 , and the grantee consents to the recordation thereof by its duLy authorized officer. DATED: J* 26, 1985 Jiane 17, 1985 ALETXA L. RAUTENXWZ, CityJlerk r c RE~ORDINC AEOUESTER BY AND 1 5 1 1200 Elm Avenue 1 Carlsbad, California 92008 1 ' WHEN' RECORDED NAIL TO: '46' 1 641 CITY bP CARLGAID 1 1295 JUl IO MI 11: b3 *. Document a r y t r an a e e c e ax : 3L;.,c l&=d Signa cu re of dec 1 &rant dFt armin ing tax-f irn rraie City of Carlabad PA'ZHENT OF A PUSLLC FACILITIES FEE THIS AGREEHENT ia eFtered into thia Ldsy of April , 19& by and beeveen HUNTINGTON BEACH COMPANY a California corporation , hereinaeter referred to a8 -(Corporation, partnership, etc.) "Developer" whose address is 2110 Main Street Huntington Beach, CA 92648-2499 (street) and TYE CITY OF (City, stzte, zip code) CARLSBAD, a municipal corporation of the State of California, hercinaftrr refnrrnd to as "City", whose oddress is 1200 Elr: Avenue, Carlabad, California, 92008. ;i X r y 6 a 8; - 9.. A ni WHEREAS, Developer ~II the owner of the real property described on Exhibit "A:,'attached hereto and made a part of chis egreement, hereinafter referred co ae "Broperty"; snd WHEREAS, Tho Property lies within the bouodariee of City; and WHEREAS, Developer ptopnsea B development project 88 Eokloxs: 110 acre planned industrial park sll REV 4-2-82 - -. .--_ . _-* ( t 642 . on eaid Properey, which development Carrie8 the proposed nape oE L Coiiege Buainass Park .- c and ir hereattar referred to am "Development"; and WHEREAS, Doveloper r'iied on the day of 19_85, with the City a requeat for Zone change, tent&ve tract map, 7-3 hereinafeer referred to 81 "Reque9t"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the. City Council. Eind that all public facilities neceaeary io aerve .a development vi11 be available concurrent with need or such development. shall noC be approved (said element ia on file with the City Clerk and is iacorpossted by this reference); and WHEREAS, Developgr and City recognize the correctness of Council Policy No. 17, dated April 2, 1982, in file with the City Clerk end incorporated by Chid reference, and that the City's public facilities and servicee are at capacity and vi11 not be available to accommodate the proposed Development; and WHEREAS, Devaloper has asked the ciey to Eind that public facilities and sarvices will be available eo meet the future needa of the Development as it ie preeently proposed; but the Developer is aware thss the city cannot and vill cot be able to make any such finding without financial assiarance to pay for auzh services and facilities; and therefore, Developer propose8 to help eatiafy the General Plan as implemented by Council Policy No. 17 by payment of a public Eclcilitiea Pee. -2- REV A-2-a2 ii .- ...-.-- . - , - --.. __-- I , . . ._-. . ~ , NOW, TREREFORE, in conaideration of che tecitalr and the - covenants contained herein, the parties agree ai EO~~OWE: 1. The DavelapbF shell pay to tha City d public frncilitiaa lac in an nnount not to exceed 2% of the building permit valuation of the building or structures to be constructed' In the Development purrusnc to the Request. The fae $halt be paid pr;or to the issuance at building or cchcr consrruction permits for the development und shall be based cn the valuation at that time. This Eae shell be in addit ion to any Eeer, dedications or irnprovemenca raauized purruant EO Titles 18, 20 or 21 of the CarLsbad Municipal Code. Developer shall pay a fee Eor conversion o f exiating building or structures . into condominiums in. ~n amount not to exceed 2% oE the building permit valuation at the time of conversiod. The fee for u condominiug conversion shall be paid prior to the issuance of a condoninium conversion permit a8 provided in Chapter 21.47 of the Carlobad Municipal Code. Condominium shall include community apartment or #cock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for u'se" aa used in thin agreeuen:, except in reference to mobilehome site8 or projecte, shall not'reEer to grading permits or other permits for the * construction of underground or atreet ,improvements unlees no othor permit is necessary prior to the use or occupancy far which the . developmene is Intended. Developer shall pay to City R public facilities fee in the aum of'$1,150 for eech mobilehome space to be constructed pursuant to the Request. The fee shall be paid psior to the isiluance of building or ocher conatruction permits for the: development. This fee aha11 be in addition to any fees, dedications OP improvements required according to Titles 18, 25 or 21 of the Carlrrbad Municipal Code. -3- REV h-2-82 ( --.. . --.-- 2. The Developer may offer to donate a site or rites for public Eacilitber ia lieu of dl1 oc part JE the financia! obtigak;on .greed upsn in Paragraph 1 ~~OVR, IE Dcv,elopec offaro CI) dendra a rite u: pitea €or public facititiea, the City ehaI*l coneider, bct is not obligated tff accept the offer. The tins for donation and sraount of credit against the fee ahrll be determined by City prior to the iasuance OP any building 6r Other peemits. Such determination, when made, shall beccse a part of this agreement. Sites donated under this paragraph bhall not include improvements required pursuant to . Titles I8 or 20 oE the Carlebad Municipal Code, 3. This agreement and the Fee paid purauant hereto are required to ensure the consistency of the Development wich the City's General Plan, If the fee is no€ paid as provided herein, the City will not have the funds to provide public facilities and setvicee, and the development will not be consisteat with the General Plan and any eppfOv8t or peirrit for thr GE-qelopment shall be void. No building Or other construction permit or entitlement €or use shall be issued until the public facilities fee required by this agreement is paid. 4. City agreea ko deposit the fees paid pursuant to this agreement in a pubtic facilities Eund for the financing of public provide the facilities and suEficient funds from the payment of this and similar public facilieita fees are available. 5. City agree# to provide upon request reasonahla assurance8 eo onable Developer to comply with arty requireaente of other public agencies aa evidence of adequate public Eacilities and serviced sufficient tu accommodate the naeds of the Development herein described. - -4- - REV k-2-82 - , 6. All obligations hereunder shall tetmiaate in cha evgnt t,h.e Requests made by DevakOper are not approved. 7. Any notice from one party to cha ocber ehall be in wrieing, and ahall be dated and signed by the psrcy giving such iaotice or by duly authorized uepcaaanertive of such party. not be tffectiwa for any purpose vhatroever unless sarvcd in one oE the foliowing manners: Any such notice shall 7.1 Lf notice is given to the City of parsonal delivery thereof to the City or by depositing aame in the United States Hail, addxeosed to the CiLy at the addrees oet Eorth herein, enclosed in a Manager, postage preppid and certified. 7.2 If notice is given to Developer by personal dekhvery thereof to Developer oc by depositing the aane in the United States Hail, enclosed in a sealed envelope, addresaed Co Developer at the address as may have been deaignaked, postage prepaid and certified. 9. This agreement: shall be binding upon and shall inure to tho benefit ol, a'nd shall apply to, the reepective successors and a88fgne of Developer ad the City, and reEerences to Developer or City herein shall be deemed to be reference ta and include their respektive EUCC~S~Q~E and assigns wieho~~e specific ci~iiti~il'cf sack SL~CC~SO~: and aiaigns. property, all obligations of Developer hereunder shall terminsre; provided, however, that any BUCC~SAJ~ of Dovelopet's inrerest in the property ahal.1 have first assumed obligatione hereunder. If Developer should ceane to have any infereat in che in writing the Developer's 9. This agreement shall be recorded but shall. not create a lien or nocuricy interest in the property, Vhen the obligations of this agreement have been $atiefiad, City ahall record e releare. -5- REV 4 -2-82 r ri - ..* ___ . - - .. . - . - ,...;-. . . . --__.__-a* - *A- 646 f~ WITNESS WHEREOF, thio agreesent io executed io 9dn Diago - county, Cilifornii aa of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California HUbITINGTON BEACH COMPANY .. Vice President - OParatws (Tit la) ATTEST: +y*.* ALE HA L, MTE KRA , Cit C1 k' APPROVED AS TO FORK: City At cocney (Notarial acknowledgement of execution by DEVELOPER-OWNER muot be -6 - 'REV 4-2-82 I c .---- .--I I I CORPORATE ACKMOWLEOQMENT p personally known to me 0 proved to mB on the bask ofsallsfectclryevtdRDce J d:on behalf of the cwporatlon lhereln named, andacknovrledged to me tnst the covoraflon ereculed It. I I c - --T. --.. - -_. .. t,lJ ' D4U *. I - EX R I 8 KT 'I, LEGAL DESCRIPTXOR A portion of that certain parcel of land shown and designated as "description No. 3,78.07 acres" on Recgrd of Survey Map No.5715, Filed in the Office of the County Recorder of San Diego County on December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hsdionda, in the County of San Diego, State of California, according to the map thereof No.823, filed in the Office of the County Recorder of said County, November 16, 1896, lying Northerly of tt.e centerline of County Road Survey No.1534 as shown on said Record of Survey Map No.5715, Parcels 1 through 4 of Parcel Map No.C33i, in the County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, September 8, 1977 as File No.77-369645 of Official Records. .' - ... C' ( --__. ---. - '--RC.- . I ....-. CltL/CF c4.-pLSp,&fi FILED 'MAP a PARCEL i3B J!t{ 29 R 12. 30 a RECQAD OF WRVW a STATIHIOWWA'Y /-"J MisctCeLmww & ASSESSM!M DISTRICT BOUNDARY a AS8E55MENT OISTRtCT DIAGRAM # :I VERA L. LYLE, RECORDER .=om T mm '2 ( c1 RECORD OF SURVEY MESSWENT DfSTRlCT BOUNDARY mE=ENT DlSTRlCT DIAGRAM FORM 7 13.731 Q .,. 1 RECORDING F(SQU~TED ~\lcc 198G llhR 26 FH 3. 05 WHEN RECORDED, RETURN TO CITY CLERK C iTY OF CARLSBAD 1200 ELM AVENUE GARLSBAD, M 92008 NOTICE OF ASSESSMENT Pursuant to the requirements of Section 3114 of the Streets and Highways Code of the State of California, the undersigned, CITY CLERK of the legislative body of the CITY OF CARLSBAD. STATE OF CALIFORNIA, HEREBY GIVES NOTICE that a dlagram and assessrnent were recorded in the Office of the Superintendent of Streets of said City, as All that Drepertr lvina within the boundaries of the Assessment District, of which the exterior boundarfes and real property of said District are as delineated upon a map of said District entitled ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD) NOTICE IS FURTHER GIVEN that upon the recording of this Notice in the Office of the County Recorder, the several assessments assessed on the lots, pieces and parcels shown on said filed Assessment Diagram shall become a lien upon the lots or portions of lots assessed, respectively- Reference is made to the Assessment Dlagram and Assessment Roll recorded in the Office of the Superintendent of Streets. Attached hereto is a list indicating the names of the assessed cwners, all as re- quired pursuant tD Section 27288.1 of the Government Code of the State of CalifOrnh DATED: r/\d I CITY OF CARLSBAD STAT€ OF CALIFORNIA ** . . .a-. . . -. Y I, c , . .'* 4 .r . .1 __, - __ -I_ __I-_ ---- -- ---*- - -- - - ---- - - *. tdCOPDING REQUESTED 8Y AH0 ) YHEW PECOPOED MIL TO: CITY fX WLSBAO 1200 Elm Avenue Cwlsbad, Callfornib 92008 B@OCT-t PH It30 1' I Slgnatrrre of declarant determining tax-ffm naae AN0 THE CITY OF (T\RLSBAD FOR TY PAYMM OF A PUBLIC FACILITIES FEE , nerefnafter referred to as "Oeve1operg umse address is 2llOwn street snd THE CITY ff CARGRAD, a munlcfpal corporation of tha State of Calttotnia, nerelndter reFerred to a "Cfty", wse address is 1Mo Elm Avenue, C&lsbad, Callfornfa, 92008. .. WfTHESSETk WHEREAS, DeveloOer ts the mer of tne real property descrfbed on, Emtbit "A*:. attacned hereto arrd made a part of tnis agrement. nereinafta teferred to as 'Propertyy; and WHEREAS, Tne Property lies within the baundartes of City; and UHEREAS, Oeveloper Drowses a development project as follows: I 110 Acre maaned Indugtrial Park t ~ _I - .. .-_---- . - -----* - on said Property, wnicn development carries tne poposed ndme of oollege BwiIw3s Park ana is hereafter referred to as "Development"; and WHEREAS, Oeveloper filed on tne a day af nl0ril , 19&, witn the Cfty a request far -e w. m~ tivetractmkRand hereinafter referred to a *Request*; and YaPW, tne Publtc Facilltfes Etement of Ule Cfty General Plan requires that tne Crty Council find that all public facill~t~ necessary to serve a developnent wllt be available concurrent ulth need or Jucn development shall not be approved (said element is an flle wftn the Cfty Clerk wd fs incorporated .by this reference); and No. 17, dated April 22, 19E6, on file rrltn the Elty Clerk dnd incorpratd by this reference, and tnat tne Cfty's public facilities and services are at capacfty and will not be available to accomoodate the cddftlonel need for public faillties and services resultfng from tne propOs~d kveiopaent; and WHEREAS, Oevelow has asked tne City to flnd tnat publlc facilities and SerVfces dl1 be available te meet tne future Reeds of tne Oevalopnent as tt Is pesently woposed; but tne Oeveloper is aware tnat the City canmt and w111 not be ale to make any suCn finding witnout financlal assistance b pay for sucn services and facllities; and tnetefore, Oevelupet proposes to help satfsfy tne General Plan as implemented by Council Policy S. 17 by payment of i I b a Pub?ic facflltles fee. NOU, TCfEREFOPE, fn consfderation of the recitals and tne covenants contained nerein, the parties agree as fotlows: -2- c - -* -- . I / ,- --.. -- I __- - ------- . -.-- . facilities, tne Ctty snail cmstder, but Is not obligated to accept the offer. Tne the for donatign and mount of credit against tne fee snall be determind by Clty prior to the Issuance of any building or otner permits. Such determlnation. men made, shall becme L part of tnls agreement. Sftes donated under tnis pdragapn Small not include linproveaents required pursuant to Titles 18 or 20 of tne Carlsbhd Municipal Code. 3, tnis agrement and tne fee paid prrsuant hereto ire required to ensure the consistency of me Deueloprpent with the Clty's General Plan. If tne fee is not puld as provided nefefn, tne City will not nave the funds to pcvide public faciltties and servfces, and tne development will rot be conslstant wltn the 6emra1 Plan and any approval or penntt for the Odvelapment snall be wid. until tne public facilities fee required by tnfs agresncnt 45 paid. i. 4. City ugrees tu deposft tne fees patd plrsuant to this agreement in a public fucllttfes fund for tne financing of public facilfties when tne City Council detenatnes tne need exlsts to FOVlde tne fadllties and sut'ffcfent funds fran tne pawnt of tnls and simflar public facilittes ffees are avail able. -. 5. City agrees to praulde upon request reasonable assurances to enable I of adfquate public facllittes and services sufficient to kcomdate tne needs of tne Derrelopaent nerefn described. 6. All obllgatiens hereunder shall terminate In tne event tne Requests i made by Qeveloper we not approved. I -4- - -ic 3 - .___ .______ . -. ., -- - - -. . .'..- 7. Any notice from one party to the otner Snail be in wlttnn, fins shall be dated and signed by tne party gfving such notice or by a duly autnortred representative of sum patty. Any such nOtfCe sndl not be effective for any purpose matsoever unless served in one of the foilowing manners: 7.1 If notice is given to tne CIty of personal delivery tnwaof to the Clty or by deposltlng same In &ne Unfted States Mail, addressed to tne Ctty at tne address Set fortn nerein, enclosed 4n a seated envelope, *dressed to tne Ctty for attention of tne Clty Manager, mstage pepald and certified. to Developer or by depsfting tne same In We United States Hail, enclosed In a sealed envelope, addressed to Oevelopet at tne address as may naue been deslgnated, postage pepaid bnd certified. deemed to be reference fo and Include fnetr rapectlve SUCCBJQ~.S wd ~SS~~S witnout specific mention of sucn successo~s and assigns. If Oevetoper snoutd cease to have any Interest fr, tne Property, all obligatfons of Ueveloper nereunder snult terminate; provided. hDWWWn that any successor of Pevetoger's intetest in tne woperty mall have tlrst assunred In writing tne Developer's . ; . ! ob1 ig8tiOns 'hr~nd~. 9. Tnfs agreement snatl be recorded but shall not create I lien or i securlty Interest in me Property. Unen tne obligations of tnls agrement nave been satisfied, Cfty snall record a release. -5- ( .?, . .. * . .._--- . . ---- __-_-.--. - .. .. . 1. ... . '. . IN WITNESS WHEREOF, this agremnt fs executed in $an Oiego County, callfornia as of the ate first written above. DEYELOPER-OWNER: CITY OF CARLSBAD, a micfpal corporattan of the ! State of California APPROVED AS TO FOIW: 4 Notarfa1 acknowledgement of execution by DEVELOPER-ONNER must be attached.) 1 ! i -6- I I -- -._---_ E X HI R I f "A u LEGAL ESCRIPTION -- Aperti.onofthatOertainparoelaf landshaamandmtedaa "descriptian No. 3#78.07 arm!&' on RecQrcl of sumt3y Map No. 5715, filed in the office of the cuulty Recorder of Sanmego carmtgon IMx&erXQL9, lfEO,EeingaportionofbtWfof theRanchBgua Hediosds, in the ocrrmty of San Mego State of cellfornia, acocnding tothenrep~f~.823,filediathe~~ofthe~yRecordErr of said OOLmtg, Novaker I& 1896, lying lbrtherly of the centerline Of mw EIoadsurOepNO. 1534 88 shCRlp011 &dReoomlOB SUroepMap No. 5715. parcels 1 thrwgb 4 of Parcel Map&. 8331, in the thm- of Sari-, 1 I < ) ,. I I --- ', . b.. * * I. STATE OF CALWORNIA ) ?s9. COUNTYOFORANGE Ii On thb 18th day of September, 19815~ before me, the undersigned, B Notary Public in and for said State, penonally appeared J.W. Johnson, known to me or proved to me on the basis of satisfactoryevkhce to k the Vice President, and AJ. Clark, known to me or proved to me an the basis of satishctory evidence to be the Asswant Secretary/Asslsmnt Treasurer of HUNTINGTON BEACH COMPANY, that c#cuted the witMn Insffument, and personally known to me to be the! person whost name is subscrikd to the wvithln instrument on behalf of such corporattan, and aehwkdged to me that such corporation executed the same pursuant to it$ by-laws or a re~olution of its Board of Directors, WrcNEss my hand and official seal. ! Name {typed or printed) (This area resarved for official seal) My commission exprresr 1126!90 1 1 ( P WN RaCORDBD, RllTUM B ]Ill A1 -7 PliQ: 06 CITY CLZRK CITY OF CARLSBAQ 1200 ltlLll AWNUI CARLSBAD. CA 32008 NOTICE OF ASSESSMSNT Pursusnt to the requiramntl of 8acticm 3114 of the Streets and Highuaye Cde of the State af California, the undersigned, CITY CLERx of the legialative body of the CITY o? CARL8BAD, STAT&? Or ChLIFORNIA, HZReBY GIVES HOTXCB that a diagram and assessment were recorded in the Office of the Superintendent of Stmeto of said City, aa provtded for in eald Section 3114, and relating to the following deecribed real property 8 All thae property lying within the baundsrLee of the Aeraeement Dietrtct, of which the exterior boundatlee and real property of maid Dietrlct ere a13 delineated upon a map of maid District entitled ASSESSM~NT DI~ICP NO. of the real progmrty within said Aeeeaciment Diotrict. NOTICE IS FURTHER GWEN that upon the recording of %hie Notice in the Office of the County Recorder, the eevoral aeaessments asaetrred on the iota. pieces and parcels shown on ssfd filed Aef1865111ant Didgram ehall becane a lien upon the lQtS or portions of lots BBaeaBed, reepectively. Reference ie made to the Asaeaament Dfagrara and Asseesment Roll tecorded in the Office of the Superintendent of Streets fa: the amount of any flnal and confirmed asaesmnts. includLnp any annuai a8~e166mnt ae levied for administrative costa. attachod hereto 1s a list indicating the names of the a88effEed Ovnerci, a11 a8 requlred pursuant to Sectlon 27288.1 of the Government Coda of the State of California. DATED I J+.Lf 1988, CITY OF CARtSRAO STATE OP CALXWRnIA ( .~ . . # -j 0574 JULY 7, 1988 PAGE 1 CITY OF CFIRLSBAD (PALOMRR RIRPORT ROFID) ASSESSMENT DISTRICT NO. 86-1 -1 - NOTICE OF ASSESSMENT LISTING OWNER'S NAME ALDRAY, NAZEAH SC JOSEPHINE 8 I RTCI-IER BUSINESS CENTER ChALTAb CONPAN V ECKE, Pam HUFtTINGTON BEACH COMPANY KELLY, RICHARD C. L ROBERT F. MORGAN PALOMAR INDUSTRIES 7 OWNERS CAHLS~~~',P~LOMAR.\NOT r crs: - t I ST ING ( ..:.,:..,., ' "-7' - - T THFS INSTRUMENT e TO: pkEF%\:Gq OF SAN DIEGO COUNTY, o\. LAHE RECORDBJ CITY CLERK CITY OF CARLSBAD 1200 ELM AVEKUE CARLSSAD, CA 92008 1988NOV 3 OAM8:W 'ERA C LYLF RECORDING REQUESTED BY UNION hVD TIT-LE -ad NO TRANSFER TAX DUE SPACE ASOVE FOR RECORDER'S USE CNLY EASE!!XT FGR PUSLIC HIGHWAY Project Assessor's Parcel SO. 212-041-03 W.O. t!o. HUNTINGTON BEACH CDMPANY, a California Corporation, hereinafter called "GRANTCP" boes hereby grant, convey and dedicate to the CITY OF CARLSBAD, State of California, hereinaftir called "GRANTEE", an easement for puSllc highway and public utility pu poses and incidents thereto, upon, over am1 acress that certain real property within the CITY OF CARLSSAD, State of California, described as follows: See the attached ledal descriition designated Exhibit "A" and attached Acquisition ?lat designated Exhibit "Bn, each m %e a part hereof by reference. GRANTOR hereby further grafits to the CITY CF CARLSBAD that brivilege and right to extend drainage structues and excavation arid ecbankment slopes 100 feet beyond the limits of ti-.e Higkuay. RESERVING unto GRANT R, its juccessors or assigns, the right to eliminate such slopes and/or drainage structu es cr p>:*tions therecf, when in the written opinion of the protection and/or support and),, arainage facility, provided such substitution is first approved in writing by saiC Ensincerfs), which such approval shall not be unreasonaSly ui thhe Id - CRAXTOR nereby further grants o GRASTEE all trees, growths (groulng or that may hereafter grow), and road building matehials within said right-of-uay, together uith the risht to use the same in such manner a at such locations as said GRANTEE may deem proper, needful hidhway. The CRASTOR, for itself, its uccessors and assigns, hereby waives any claim for any and all Camges to GRANTOR'S remai ing ;ro;erty cortiguous to the right-of-uay bereby cozveyed proposed. Cared this p? ' day of L. L~ ,,,I , 1988. i i herein described right-of-way 1 yhere re;uired for the construction and aaintenance of said City Endineer of GRANTEE, tt.e r. necessity therefore is removed by substituting other and necessary, in the cocstri + ctiori, reconstruction, improvezent or maintenance of said by reason of the location, rcconstraction 1 I '? I or landscaping of said highday in the sanrier 'I a Californ STASE OF CAiIFGE!iIA)ss. Cotinty of 1 On '2 &LC, I-_ i '; , 192, before ce, the tary Public in ace far said Officer of HJn:in.'cl 3:-~ e.l to me cjn the Snsis of satisfactcry evide tr.e prrson(s) rhose name(~) is/are sdbscribed t:, tt-e uithf? instruacnt and ackcowledged :o -e that Se/she/ttey evccuted the sane. Yitness sy hand ar.6 offic?.il seal. Cowty and' State, -___ -- ( I (7 " e- LBOfL~Z1890 & k+L. >p': d..$ HotAry XLlic in and om sad , Cos-+ j dc State pa'! 611266 i This. is to certify that the interest in real property conveyed by the foregoing corporation grand deed to the City of Carlsbad. a municipal corporation is hereby accepted by the City Council of said City of Carlsbad. California pursuant to Resolution No. &'-)&adopted on &?&&&<r 7. /YbpR , and the Grantee consents to recordation thereof by its duly authorized officer. BY - ALwc$ cper DJted 9a IOd t9pg *-* 11 lrwl U.F. .APN 212 -O4l-O3 coNsuuira ENGINEERS 4455 WRMIY CANYON Ram, sm m .. EXHIBIT "A" Assessors Parcel 212-041-03 All that portion of that certain parcel of land designated as "Cescription No. 3, 78.G4 acres'' as sfionn and delineated on Record of Survey Map No. 5715, filed in the office of the Ccunty Recorder of the Coufity of San Diey, an December 19, 1960. being a partfon of Lot "G" of the Rancho Agua Hedionda, accordfng to Hap thereof No. 823, filed in the office of tke County Recorder of sai4 San Diego County, November 16, 1896, fn the City of Carlsbad, County of San Diego, State of Calffornia, being more particularly described as fol 1 ows : BeginnfnY at the Wit southnesterly corner of said Description NO. 3, said point being on a I.500.00 foot radius curve concave scutherly. sald point being on the centerline of the 100 faot wide right-of-way, known as Palomar Afrport Road, according to Road Survey No. 1534, on file in the offfce of the County Surveyor of safd County, a radfal line to said point bears N 7'20'37" E; thence easterly along said curve, and along said centerline, through a central angle of 4'19'30, an arc length of 113.23 feet to the end of said curve, said pofnt befng shown on said Road Survey No. 1534, as Engineer's Station 78+25.34 EC; thence contillufnq along safd centerllne S 78'19'53'' E (S 78'20'53" E per Road Survey No. 1534) 382.97 feet, to the most southeasterly corner of 1a;ld described in deed to the Epoh Investment Club, recorded November 15. 1961, as ffle No. 197951, O.R.; thence leavfng said centerline, along the easterly lfne of said deed, N 3'33'23" E (N 2'36' E per recorded deed) 50.50 feet to the TRUE POINT OF BEGINNING, sa!d point befng on the northerly right-of-way of said Road Survey No. 1534; thence along said northerly right-of-way line H 78'19'53' W (N 78'20'53" U per Road Survey No, 1539). 286.97 feet to the beginning of a tangent curve concave northeasterly, and having a radfus of 25.00 feet, said point befog the most southeasterly corner of the right-of-way known as College Boulevard, granted to the City of Carlsbad in deed recarded July 3, 1985, as F/P 85-239994, 0.2.; thence along said curve through a central angle of 90°CO'OO" an arc length of 39.27 feet; thence tangent to said curve, r( 31"40'37* E (N ll"33'04' E per said APN 212 -041-03 "2 611266 heeta '/ right-of-way deed), 9.70 feet to the beginning of a tangent curve concave northeasterly and having a radfus of 25.00 feet, a radial lfne to said point bears X 78'19'53'' Y; thence southeasterly alnng said curve through a central angle of 92'40'07" an arc length of 40.43 feet; thence tangent to said curve S 81'00'00" E, 130.54 feet to the heginning of a tangent curve concave southwesterly. having a radius of 40.00 feet; thence southeasterly along said curve through a central angle of 31'47'18". an arc length of 22.19 feet to a point of reverse curvature with a curve concdve northeasterly and having a radius of 40.00 feet; thence southeasterly along said reversing curve through B a central angle of 31'47'18", an arc length of 22.19 feet; thence tangent to said curve S 81'00'00" E, 100.00 feet to the beginning of a tangent cdrve concave southerly and having a radius of 2,363.00 feet; thence easterly alonq said curve through a central angle of 0'16'28" an arc length 11.31 feet to the intersection with the easterly lfne of said deed to the Epoh Investment Club; thence along said easterly line S 3'33'23" A, (S 2'36' U per said deed), 11.05 feet to the TRUE POINT OF BEGINNING. 'vu I7 MU[ v. i APN 212 -041-03 CONSWING ENGlNlERS 4455 rWRPI IY CANYON RO4D, SVm 330 MQzr rnHGJm-€%L.f COR& FEW -@mf w &y%Bbp ; E335 DETAIL A SBI'#'aO''E tWs4' 4lm4N LxXsL %B.Z2C+Z = Dog S01'00'00''E IOCXOO' --- NVi4.'w'~ 9.m' (NG0%6'E m ss9) APN 212-041-O3 I 8 .: m~p RECORDED, PLEASF, HASAIL 88-611267 &US INSTRUMENT TO: rRDED Ii4-1 &TY CLERK 1988NOV 3 0 AM&@- CITY OF CARLSEAD 1200 ELM AVENUE CARLSBAD CA 92008 OFFirHL RECO2DS OF SAII OIKo WRM. cb RECORDIdG UNION LAND REQUEST3 TITLE CO. BY L&%E% c _1 ?:O TRANSFER TAX DUE SPACE ABOVE FOR RCCORC%lS USE ONLY EASWENT FOR PUSLIC HIGHWAY - Assessor's Parcel Project No. 212-our-011 Y.O. :zo. HUNTXXGTON BEACH COMPANY, a California Corporation, hereinafter called VRANTOIIN does hereby grant. convey and dedicate to the i3ITY BP CARLSBAD, State of California, hereinafter called "GRANTEE", an essement for public highway and public utility purposes and incidents thereto, upon, over and across that certain real property irithin the CITY OF CARLSBAD, State of California, descrtbed as follows: See the attached legal description designated Exhibit "A" and attached Acquisition Plat designated Exhibit "B", each made a part hereof by reference. GRANTOR hereby further grants to the CITY OF CARLSBAD that privilege and right to extend drainage structures azd excavation and exbankment slopes 100 feet beyond the limits of tte hereir. described right-of-way where required for the construction and maintenance 3f said Highday. RESERVING unto GRANTOR, its successors or assigns, the right to elirninzte such slopes and;or drainage structures or pcrtions thereof, when in the written opinion of the City Engineer of GRANTEE, the necessity therefore is removed by substituting other I protection and/o- support and/or drainage facility, FrOviCed such substitution is first approved in writ:ng by said Engineer(s), uhich such approval shall not be unreasonaSly ui thheld. CRAh'TG3 hereby further grants to GRANTEE all trees, growths (growing or that may hereafter grow) , and road building baterials within said right-of-uay, together ulth the right to use the saxe in such manner and at sorh locations as said GRANTEE nay deem proper, needful and necessary, in the construction, reconstruction, improvement or maintenance tor said hishvay . The GRANTOR, for itself, its successors and assigns, hereby waiver any claim for any and all damages to GRANT3R's remaining property contiguous to the rig5t-of-way hereby conveyed by reason of tbe location, reconstruction or landscaping of said highway ir! the manzer proposed. Date3 this p7 day of: /&x. ,? I 1988. /x !Q HL'NTINGTON BEACH CO ANY, a CallfornLa r;tton 3y/+,---- ~- , L: ? E; 'LL~ STATE GF CAL1FORNIA)ss. Cotnty of ) (-3 On\AdI, / 'i , 19&, befsre %e, the mdersigned, a Notary Public in ar.d for said County an4 State, personal?). appeared --.:, 1 irk' - . 0f:lte: :f tlbr:tlnr!v; 0. -$ 0' perjonally known to ZP (or proved to ce on the basis >f 3atiSfaCtOPY evidence) t3 be the person($) whose name:=) islare subscribed to the u:th:n In3trurnent and acknouleCged to roe :hat he/she/thej executed the same. Witness my hand aid official seal. ( (g / c . / ,i[gd ,, s.--. N tary Publib in and f'or sild Couqty and StatL --- Q / 80 4 I + Thii is to certify that the interest in real property conveyed by the foregoing corporation grand deed to the City of Cwlsbad, a municipal COrpOratiOfl is hereby accepted by the City CouncfI of said City of Carlsbad California pursuant to 9 /PBB/ , and the Grantee Resolution No. consents to recor ation thereof by its d$?%-orfzed officer. Dated + Fadopted On BY f3f& R PO&- ALETHA L. RACTENKRANZ, City Clefk I -- . - 88 5 x? 611267 wyt-j m-uvvv 8rtr "u3,tW.I04?z8 0.47~. - I CONSULTING ENGINEERS 44% MURPfIY CANtDN ROW, WE 100 2 EXHIBIT "A" LEGAL DESCRIPl ION Assessors Parcel 212-041 -04 I All that portion of that certain parcel of land designated as "Description No. 3, 78.05 acres" as shown and delineated on Record of Survey Maa No. 5715, filed in the office of the County Recorder of t.he County of San Diego, on December 19, 1960. being a portion of Lot "G" of the Rancho Agua Hedionda, according to May, thereof No. 823, filed in the office of the County Recorder of said San Diego County, Novembs 16, 1986, in the City of Carlsbad, County fol 1 OW$ : of San Diego, State of Ca?ifornia, being mre particularly described as Beginning at the most southwesterly corner of said Description No. 3, said point being on a 1.500.00 foot radius curve concave southerly, said point being on the centorline of the 100 foot wide right-of-way, known as Palomar Airport Road, according to Road Sirvej No. 1534 on file in the office of the County Surveyor of said County, a radial line to said point bears N 7'20'37" U; thence easterly along said curve, and along said centerline, through a central angle of 4'19'30'', an arc iength of 113.23 feat to the end of said curve, said point being showii oil said Road Survey No. 1534, as Engineer's Station 78+25.34 EC; thence continuing along said centerline S 78'19'53" E (5 78'20'53'' E per Road Survey No. 1534) 382.97 feet, to the most southeasterly corner of land described in deed to the Epoh Investment Club, recorded November 15, 1961, as File No. 197951, O.R.; thence leaving said centerline, along the easterly line of said deed, N 3"33'23" E (N Z"36' E per recorded Deed) 50.50 feet to the TRUE POINT OF BEGIhNING, said point being on the northerly right-of-way of said Road Survey No. 1524; thence along said northeasterly right-of-way of Road Survey No. 1534 S 78'19'53" E Page I of 2 UUl~LJ e,l.vvvr-. "'1 B,M iofiZs 0&4?~. - I 4= aXaAf%w $m!TJaM-PBT W-dl ! { Sheets COpIsuuia ENGINEERS 4dU MURPHY CANW W, SWE 2W 'A * (s 78°20'53" E par Road Survey No. 1534) 1,654.17 feet to the intersection of a non-tangent curve concave southwesterly and having a radius of 2063.00 feet, 3 radial line to said point bears N 18'06'15" E; thence westerly along said curve through E central angle of 6'26'08" an arc length of 231.72 feet; thence tangant to said Curve N 78'19'53" U, 1,325.70 feet to the beginnjng of a tangent curve concave southerly and Raving a radius 3f 2,363.00 feet; thence westerly along said curve through a central angle of 2'23'39" an arc length of 98.74 feet to the intersection with the easterly line of property described in said Epoh Deed: thence leaving said curve along said easterly line, s 3O33'23" w (S 2O36' W per said Deed) 11.05 feet ta the TRUE POINT of BEG!" ING. I 268-01-1 (w) .?a. 50 Page 2 of 2 -. ., U. - I q!/m BY: h? 611267 rl Sheets --. __ - ~ OF BuF?%v m.5715 EucILJEER Is STATIOL~ 78425.34 E.C. ER Ram WRVEY 1534 m' LIG- CF- 3~& OElAIL .A I APN 212-041-04 AREA 70 De bicsUlFiED SLlOWkl I/// 23,4475 I0RZ= 0.47bcI. -Iu pkL"9:p,$iq of $AN DIEGO COUNTY. CA. Lmulln aEcoRDUIJ CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, C.4 92008 1988NOV :3 O AM8:M VERA C. LYLE NO TRANSFER TAX DUE SPACE ASOVE FOR RECORDER'S iSE ONLY EASEMENT FOR PUBLIC HIGHWAY Assessor's Parcel Project No. 212-041-06 W.O. No. HUSTINCTON BEACH COMPANY, a California Corporation, hereinafter called "GRANTOR" does hereby grant, convey and dedicate to the CITY OF highway and public utility purposes and iscidents thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as I CARLSBAD, State of California, hereinafter called "GRANTEEn, an easement for pu!11!c See the attached legal description Cesignated Exhibit "A" and attached Acquisition Plat designated Exhibit "B", each mde a part hereof by reference. GRANTOR hereby further grants to the CITY OF CARLSBAD that. privilege and right to extend drainage structures and excavation and es3anhzent slopes 100 feet beyond the limits of the horeir. described right-of-way where required for the construction and mintenance of sald Highway. RESERVING unto GRANTOR, its successors or assigns, the right to elininate such slopes and/or drainage structures or pwticcs thereof, when in the written opinion of the City Engineer of GRANTEE, the necessity therefore is renoved by substituting ot!?er prctection acdlor support and/or drainage facility, provided such substitution is first approved in writing by said Eagizeer(s1, uhich such approval shall not be unrensonab?y wi ttheld. CRANTOR hereby further grants to GRANTEE all trees, growths (growing or that zajr hereafter grcw). and road building mater!als within said right-of-uay, together with the right to Lise the smc in such manner an3 at :iuch locations as said GRANTEE nay deem proper, needful and necessary, in the constructiop, reconstruction, iffiprovenent cr maintenance of said hfdhUJy * The GRANTOR, for itself, its successors and assigns, hereby waives any clain for any and a11 damges to CRAHTOR's rem3:ning property contigcous to the right-of-way hereby conveyed by reason of the location. reconstruction or landscaping of said highsray in the canner ---- a Notary Public in and ro? said e on the bas13 of d to the wikin Witness ~y hand and officisl seal. ( $10 C4l d 9lFq ! This is' to certify that the interest in real property conveyed by the foregoing corporaticn grand deed to the City of Carlsbad, d municipal corporation is hereby accepted by the City Council of said City of Carlsbad. California pursuant to Resolution No. /&cadopted on #&~,-r 2 /yp,y , and the Grantee consents to recordation thereof by its duly authori?ed officer. Dated Ld /e 19pF BY -*<- &i&. . I "2 611263 04 G?! N YI?'lb*d E.: 3-17'lG-bJ 52 m' (fl y5%*1A] fEP: rM655') -me Pu1N-I- CF E%XilWlr& --- EXUIDIT s 0' I 4mq F: XH I B If "A" LEGAL OESCR~P~~ON Assessors Parcel 212-041-06 All that portion of Parcel 1, of Parcel Hap No. 6331, filed in the office of the County Recorder of San Diego County, September 8, 1377, in the City of Carlsbad, County of Sdn Diego. State of California, bring more particularly described as fo1 I ows : Beginning at the rist southwesterly corner of said Parcel 1; thence along the westerly line of said Parcel 1 N 3'17'16" W (N 3'18'34" Y per Parcel Map No. 6331) 52.00 feet to a point on the northerly right-of-way of 3alomar Airport Road, according to Road Survey No. 1534, on file ir; the office of the County Surveyor of said County, said point being the TRUE POINT OF BEGINNING; thence continuing along the westerly line of said Parcel 1 N 3'17'16" W (N 3'18'34" W per Parcel Map No. 6331) 41.51 feet; thence leaving said westerly line N 69'43'15" E 278,25 feet to the beginning of a tdngent Curve concave southeasterly and having a radius of 2,313.00 feet; thence easterly along said curve through d central angle 8"43'IG" dn arc length of 352.00 feet to a point of intersection with the easterly line of said Parcel 1, a radial line to said point bears N 11'33'35" W; thence leaving said curve alcng the easterly line of said Parcel 1 S 19'41'02" E (S 18'42'20" E per Parcel Map No. 6331) 24.99 feet to a point of intersection with the qortherly right-of-way said Road Survey No. 1534, said point being on a curve concave southeasterly and havtng a radius of 1,550.00 feet, a radial line ta said point bears H 18'41'50" W; thence westerly along said curve through a central angle of 0'31'17" an arc length of 14.10 feet; thence tangent to said curve, along the northerly right-of-way cf said Road Survey No. 1534, S 70'46'53" W (S 70'45'53" U per Parcel Map No. 6331) 526.36 feet to the TRUE POINT OF BEGINNING. L Exceotlng therefrom that portion of the above described portion of Parcel 1 described in irrevocable offer to dedicate real property to the County cf San OiegQ for roadway purposes described in document recorded September 7, 1977, as File/Page No. 77-367341, O.R. 268-01-1 (w) .300.25 ,* L, b.** I-.*--- * ----- 04 6331 tJ 3'17'Idl.l d 3'17'lG'b.l =a' (1.j 3- 6 9-d FF iW 6341) -TpuE f7olrii CF EECjlW~M --- - ( I ib No. ?,GB - 01 1 \*et I of f sb@h s? 611268 .II AREA Ta BE rSCQUl-5, GLlowFt \\\\\ t~4w0TP~ oLCc4 "w LbIE CmEL ! --- --- - - ___ fi1 W! Id Yl7'!b*A N 3'17*i6''H 41 61' (N Vls'H'ld E< M6431) -lW€ Polrrp m f3%11Wit43 _I_--- CONSULllNG EfX;IN€ER!i 4655 MURPHY CANW RO-UI, SUITE X0 Job NO. 268 - 01 1 Date: 9/30/87 By: D. bW4L Sheet 1 01 I Sheet! - ~RDED - - - . - lid1 . - L?--..oT!-l OFFICIAL RECCRDS Of SAN DlEGO COUhTY, Gk 1988N OV 3 O AM 8:OO CITY OF CARtSBAD 1200 ELH AVEH'JE CLRLSBAD, CA 92008 VERA t LYE NO TRANSFER TAX DUE SPACE ABOVE FCR RECORDER'S USE OKLY EASMENT FOR PUBLIC HICHYAY Project - Assessor's Parcel. NO. 212-091-08 W.O. No. HUNTINGTON BEACH COMPANY, a California Corporation, hereinafter called "GRAHTOR" does hereby grant, convey and dedicate to the !CITY CF CASLSBAD, State of California, hereinafter called "GRANTEE", an easement for puSlic highvay and public utility purposes and incidents thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as See the attached legal description designated Exhibit "A" sild attached Acquisition Plat designated Exhibit "B", each made a part hereof by reference. CRANTCR hereby further grants to the CITY OF CARLSEXD that privilege and right to extend drainaae structures and excavation and embankcent slopes 100 feet beyond the limits of the herein described right-of-uay uhere required for the constructicn and maintenance of said Highuay. RESERVIHG unto GRANTOR, its x&xessors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof , uhen in the written opinior. of the City Engineer of GRANTEE, the necesnity tterefcre is removed by substituting other protection and/or support and/or draicage facility, prwided such substitution is first approved in uriting by said Engineercs), which such approval shall not be unreasocably withheid. GRAHTGB hereby further grants to GRANTEE all trees, growths (growing or that uay hereafter grow) , and road building materials vithin said right-of-way, together with the right to use the 3ame in sdch aanner azd at such locations as said GRANTEE rcay deem proper, needful and necessary, in the construction, reconstruction, improvement or maintenance of said The GFIAHTOR, for Itsel:', its successo:~s and assigns, hereby waives any claim for ar.y and all damages t@ CRANTOB's renaining property contiguous to the right-of-way hereby conveyed by reason of the location, reconstruction or landscaping of said highway in the manner proposed. Dated this -- i7.- day oIc,/d~~, ,/\ ,JL .. , 1988. / H'JNTINGTGH BEAC -~ STATE OF CA!,IFCRHIA)s3. v County of c*..i /. 1 OtijcJ 3, Dgfi:&ji E::-- ..a- 1 8 b;nzy.4:J ..--. .' i-'., onL\ ,d-., /'; -- , 193, before m, the under:iig Sotar-y Public in an3 for sal2 Cou ty ,anC;atate, personally appeared 5. J. 'Nciili persrjnally kncun oved to cc cn the basis of cstisfactory eviznce) to be the person(s) whose name(s) is/ara subscribed to the withi3 instrument and acknowledged to ne :hat he/she/they executed the S~F-F). blitneas my hand 2nd cfficial seal. ----- pj, A- !* 4 ,! _.<* ' . A - 2*.*<-+-. *Lit ,i;,,d for7 sal$-= Stdte 1 S? 611269 This is to Certify that the interest in real property conveyed by the faregoirg corporatfon grand deed to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsba California pursuant to 6 77/9 , and the Grantee Resolution No. consents to recor ation thereof by its du y authorrzed o icer. !laxed +- Fadopted On Avw BY d-&.ZA- d? lf- ALETQA L. RAUTENKRANZ. City Clefk - Job Ha. m Ey: P..JN.IL Sheet 1 of 1 Shc - , EXH I6 IT "A" LEGAL OESCRIFTION Assessors Parcel 212-041-C8 All that portion of Parcel 3, of Parcel Hap No. 6331, filed in the office of the County Recorder of San Diego County, September 8, 1977, in the City of Carlsbad, County of San OiegO, State of California, being more particularly described as follcws: aeginning at the most southwesterly corner of said Parcel 3, said point being on file in the office of the County Surveyor of said County; thence leaving said centerline along the westerly line of said ParC?l 3 N 18"41'02" W (N 18"42'20" W per Parcel Map No. 6331) 50.00 feet to the TRUE POINT OF BEGINNING. said point being on the northerly right-of-way of said Road Survey No. 1534; thence continufng along said westerly line, N 18O41'02" W (N 18"42'20" W per Parcel Map No. 6331) 24.99 feet to a point of intersection with a non-tangent Curve concave southerly and having a radius of 2,313.00 feet, a radial lfne to said point bears N 11'33'35" U; thence easterly along said curve throligh a central angle of 6"16'04" an arc length of 253.03 feet to a point of cusp with a curve concave southerly and having a radius of 1,550.00 feet, a radfal line to said point on said 2,313.00 foot curve bears H 5"17'31" W, and a radial line to safd point on said 1,550.00 foot radius curve bears N 9'27'30' Y; thence westerly alcng said 1,550.00 foot radius curve through a central angle of 9"14'20' an arc length of 249.94 feet to the TRUE POINT OF 8EGINNING. on the centerline of Palmar Airport 8oad according to Road Survey Nd. 1534, 268-01-1(~).300.25 CoNsuLrlNC ENGiNfERS w WE9TEVL.Y LINE QUE POINT OF BEbINN\NB R N 10'4 I' 02" w (a) 50.00' (N 10'42'20"W PEQ FY\FKEL b/JW A.P.N. ZIZ++l-6D COTi!XX PAKCEL 3 SOCT HW EST €.WY #Ea To ersrnL.!!gEf7 ( WHEN RECORDED, PLEASE MAIL THIS INSTRPENT TO: CITY CLERK CITY OF CARLSBAO 1200 ELM AVENUE CARLSBAO, CA 92008 NO TRANSFER TAX DUE 88-611270 pk%:DR:oc$&l OF !3AN DIEGO COUNTY. CQ Liiitii~E _- - - J 1988NOV 3 0 AM8:O - SPACE ABOVE FCR RECORDER'S USE ONLY \* . - Ple Granm shdll hrrve the right to f- all or awporticn of said m L.ein OQlVeyBd WfMintitlidl there is insblled or c=&mcbd arlum=l?=loGOd flocd MqrZl -. ?ha (;rant=, its - ard ai-, shall be resparsible for cl=atw, -, ad -Fins in w repaFr tlm - -ib€d wpm of -- %a Grant~~, his - ad assigns, resemes the riqht to ecse in a manner aFpmveabythe-, itsa=essasardassigns,anyportianofanunenzld fld dnthqa drarplel pm~icled such achan-e is e.mxtd or fnstdlled by a 1iQprrSeQ ccrrfracfor in aa;prdanoe with plarrr an;i spziiicatiars m& b~ and to the satisfacticn of t? -, its - axxi Bssiw. GEWI~ shdli d unreasarably withlmld such w. In qranthq its -ti-, Ww, M not limit& to, the fUiw by the amtrxbr or - of M &equate perfornnlrr=a m to lpamnb3 ampletim of the VGrk. 'Ihare is reserved to the E;rantor, his m ard assigns, the right aril privileq to u3e the alwve described . lanioftheQantoratarytime,inanymnet arri forany prppose not inxrrsistentvith the Rrll UES ard enjayment by thawangee, its sumesom ami assigns, J -?%)Of i 5 1 \\ =OF &&.:_." )s. CJ; I (x1 \A /,A, / 'i am3 fbr saia v cy- e-, perscnally - ?. 1. Worh , hce P:~&it , l9-, txf~ ma, the rprderrjigned, a Notary public in 1 - c~!m a! ALI, &i 3 j w$r+y persorrallyknamtonre (OT~to~onthebasisofMtisfactoryevi~) -Le Al.EmL.RAipIE"z a E XH I2 I T "A" LEGAL DESCRIPTION Assessors Parcel Yo. 212-041-03 1 All that portion of Lot "G" of the Rancho Agua Hedionda according to map thereof No. 823 filed in the office of the County Recorder of San Diego County November 16, 1896, in the City of Carlsbad, Canty of San Diego, State of Califcrnia, being more particularly described as follows: Beginning at a poiat on the northerly right-of-way of Road Survey No. :534 on file in the office of the County Surveyor of said County, know as Palomar Airport Road, at Engineers Station 78t25.34 E.C.; thence along said northerly right-of-way S 78"19'53" E (N 75"20'53" W per said R.S. 1534) 00.31 feet to the SRLIE POINT OF BEGINNING; thence leaving said northerly right-of-way, N 9°OO'OO" E 34.75 feet; thence S 3leOO'0O" E 20.00 feet, thence S 9'00'00" w 35.66 feet to said northerly right-of-way; thence along said northerly right-of-way. N 78"19'53' W 20.62 feet to the TRUE POINT OF BEGINNIhG. ?63-0i-i(Uj350.2 i Pa3 L9-r G Zj-19 AGUA rJdIJObJDA MAP NO 323 Ir' APN 212-Ml-03 58I"W'E -.-_ -- - AREA TO 6E ACQUIRED "&.BQ== u..ozbc.. UNION LAND TITLE CO. , .- - WHEN RECOR#D, PLEASE MIL THIS INSTRWENT TO: CITY CLERK CITY OF CARLSBAD 1200 EN AVEHUE CARLSBAD, C4 92008 NO TRANSFER TAX DUE 88-61 127'1 p&P"R"C"q of SAIl DIEGO CGUNTf. CA L%F!??J 1988NQV 3 0 m&[#) VERALLYLE SPACE ABOVE FOR RECORDER'S USE ONLY J.. , Ihe Grxntee shall have the right to fenx sll or any pazm of said easamt kin carveyad within which there is Mled or amdxwkl anunendlcexi flood c?xairw &amel. IM -tee, its suaxssozs wd assip, shall be respsible for inpmvement. zhe Grantor, his - anl assig;rs, rese~ves the riqht to enclose in a m w by the mke, its ~XXZSSO~S and assigns, any porticpl of an mi- flood dram cfiarrmel provfded sucfi enclosure is am&mct& OK htdllcd by a licensed oontractor in aaoordarrz with plans ard specificatims apprrxred by and to the satisfadion of the -8 its -IS ard assigns. (;rantee shall not unreaxrnably withhold sucfi a&pmval. In grant- its cxrditicxzs, inclubing, but not limit& to, the filirq by the axltractar 31: c;rantor of an zkdecprate perfomance bmi to guarantee amyletirn of the wnrk. lhere is resaved to the Grantor, his SLICXX~SSOIS ard assigns, the right and privilege to use the aknte described lard of the mtcr at arrj tixre, in any xanner and for any purpose not inocrsistent with the full use arxl enjoyment by the Grimtee, its suazessrs and assigns, of -*, d-8 d -* in @ w the above described mm of rights ard privileges he: Dcearted this /q+ Qy of 02 *A? * -- STATEOF $yk:;i is. County?of on (&Lq /$ ~&~fy?*:w”,%b&- -lY - X. J vicKK ’ Vice Presrdent 8 DE, before E, the micpxi, a ~otary mlic in ____.^I a I J I. . .. EXHISIT "A" - LEGAL DESCRIPTION Assassors Parcel No. 211-04i-134 All that portion of Cct "G" of the Rancho Agua Hedionda acc3rding to map thereof No. 323 filed in the office of the County Recorder of San Diego County November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at a poini on the northerly right-of-way of Road Sgrvey Fio. 1534 on file in the office of the County Surveyor cf said County, known as Palomar Airport Road, at Engineer's Station 78+25.34 E.C.; thence along said northerly right-of-way S 78'19'53" E (N 78'20'53'' W per said R.S. 1534) 1.255.77 feet to the TRUE POINT OF BEGINNING "A"; thence leaving said northerly right-of-way, N ll"40'07" E 47.00 feet; thence s 78"19'53" E 20.00 feet; thence S 11°40'07" W 47.00 feet to said northerly right-of-way; thence along said northerly right-of-way, N 78'19'53" W 20.00 feet to the TRUE POINT OF BEG I tiN I hG "A" . Together with the follokfng described portion cf said Lot "G" described as fol 1 ows : Beginning at a point on the northerly right-of-Nay of Road Survey No. 1534 on flle in the office of the County Surveyer of said County, knonn as Pdiomar Airport Road, at Engineer's Station 99+10.74 B.C.; thence along said northerly right-of-way N 78'19'53' W (N 78"20'53" W per said R.S. 1534) 45.63 feet to the TRUE POINT OF BEGINNING "E'; thence leaving said northerly right-of-way, N 3GY3'36" E 7.23 feet; thence N 53"01'24" V 20.00 feet, thence S 36"58'36" \I 16.69 feet to said northerly right-of-way; thence along said northerly right-of-way, S 78"19'53" E 22.12 feet to the TRUE POINT CF SEGINNIHG "3". 268-C1-1(H)347.72 ____L.-.. ,,-- C0"G ENGINEERS !3TOU4U GUA $110 - J UJi LU J 'J x-1 c3 AGUA rlcD I? 1 ru)N 04 jww No 02.3 APhl Zk?-O+l-W I TRUE PorNT OF ~EGINQ[&~AQ --wme&~c --- ___ - - ___ ---- - e- --- " 44?nz Zz 0.02bL. APK 212- 041-04 APN 212-041-04 . .-. AREA -10 FE ACQUIPEP St-IOWhl El Z7A. Z'iclZ = 0.035 &. . ,., . ... .- - - .- ACQUBSI"IT11ON PLAT COIJSUlllNG lffilNEtRS S-TDRW CRAikI EASEMENT a; 'X - WMKRE~OROED, PLEASE WAIL , YH!S INSTRUWENT TO: 1 CITY CLERK 1200 ELM AVENUE CARLSBAD, CA 92008 CITY OF CARLSBAD NO TRANSFER TAX DUE 88-6112'72 01. SAll w EOUNM,cA 1988NOV 3 0 8M8.60 p%T&J!q I='* J .c --- SPACE ABOYE FOR RECORDER'S USE ONLY v, . dR - - have the d@ to fm all a any mal Of Said - hRh clxmyad wfthinu¶Yich - ia htalled or UxxhUAd M \plerr=lased fljoddrain~ dmrrml. Ib. Qarntee, its - ard assignB, shdll be m3qxrmibln for . cQeXatil4, ladn-hw, - )Feeping in 93cd =@.r - - described mks of -9 - -, his - alxl assip, - thl right to 8Kme il\armm e by the QMtae, its swxsors ami Wfm, any pxtim of an unetxlam flcd I3d.mge &Fil%ml prwided t3kKil emlcsur8 is OOrStructed or hstalled by's li- - in cscmrdarrra with plans an3 specificatham - by ami to tha LsattsfaaLon of the G?’mt=, its - d assignls. Grantlm shall rmt mly WitIWM e -0 In Qranting ita &t.i~~. inclucLFng, tut notWedt0,thefilFrgbytheccntraCtor czC;rarrtorofana&qatem- knd tn grrarcates 5aqletica of the wxk. ’B.lareisresarred to the -, his suxesms arrd assip, the rigw nrd privilege to use the aknre described lami of the - at my time, in qmarae am3 foranyprrposa not h=d&xitwith tb full wan3 enjqynrentbythammtea, i- - ardl -i(p15, of the riw and privilqs m m, Eaalulthis @=kyof PI., * 19 J-f Vic: Presidenf /’ SIlATeOF (2 - 2s. , BE, bfore ma, m m-ip, a w Rlic in the -(a) uhme nam(s) Ware subscrfbed to the within imtmmnt and ac.smwle&g€dtp met that he&lb/e?aey exeQfted tha sax€!. si ei: CXI L- 17 ?I 7+ ““l&r peraavilly ~qt$#&;*w$&!@* kxwn &: to Em (appzuvtai -1y tom al - the : basis of ti. ’- Satkifactory w0r ; evi&la3] to i3e - Cumty ard Stata lmis is to cartify that the interast in ,real pmperty -a by the forepin3 emzsant to the city of Cat-, a municipal capratim is - eooBpeed by the city canril of SaM ci &ly aafthotited off of cilrlswi, californfa purmant to I&?solutial m. J%zw-- z4?3Edm-,&<7 ,andtha~an€imk3to~~m~fiJyi~ ww AlEMa L. EvaureMIzAhz, city cprk -**---A - - - -___ CoNsurits EWNEEAS Ads5 MURPHY CAMON m, m1E m '+--'L -. __ --- -- -_ _____ - 83 \ 5 Be 511272 JOU I.-. §heet I OF 2 Sheet6 Q1..f4HL A PimCZL hAM N 0, 0331 ppr.I 212-@41-08 I R=\,5FOO 00’ I .. PALOMAK ,AIKyom mmmf mw - rJQ 3, PA- WP 63331 --- -_ - MEA TU BE 0 &&7CfCs UrnAC. ----__ - -- - IwVpwYmN e ** - 4 CONSULTlNG IhY;INECRS d455 MURPHY UNION W, %NE 200 W MGO, CA 92Q3 &I4 576-Q#K) FARCE L 3 W\FKE!, MAP N 0, 53.3 1 APN ~~z-o$I-Q~ I I -. ~!%,?t$nf- om&. RECORDINO nmwmm BY ?-~ARPiwU)(rmFm 1986 OEC 2 9 AM8:OO JOHN E5tMARD MbDU ,7261 Siete Legues &cb Santa Pe, CA 92067 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowlcdgtd WPLE, INC., JOHN EoHARD RIDDLE and BRENDA LYNfl RIDDLE, husband and wife 88 Joint Tenants the foflowing described reaI prom m the STATE OF CALIFORNIA COUNTY OF Sari Die!?" on November 5. 15186 mc. tbe udccsigd. L lauy publie in m4 for said Stale, pdly nr OT pnnd 1- msm tk binis CKp D-10 be- paw-- Mad lbc UitM &K4" 8s (hc pa~d ppm Betty Milaten "ice Ellen Schridt pmay havn IO P or prwcd 19 nu on ~bc bnb duthlcaa). mbha to bc Ibc pnonwha Seerrcvy 6f the CMpnMicn IW exaulcd the sithin msmmmi lad nrmw~fflpcd to me ilut ruch corpontia urnncd the rihin isrtrumcni ( exccuid tbc rahin muunwnt 0 lht Aeaiatmt ‘r w ::‘x F::; -G 41 8: 48 CIlYOF CARLSBAD 1200 Carlsbad Village Dive (Formerly Elm Avenue) CarlYbad, CaIifomia 92008 1 Space above this line for Recorder‘s use ParcelNo.2 12-Q41-e;o(,fO! /I AGREEMENT BETWEEN DEVELOPER-OWNER AND THE ClTY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FE& THE3 AGREEMENT is entered hro rhis @day ot $&..&, 19k by and between , hereinafter referred to as ‘Developef (Copohtion, partnership, etc.) and the CITY OF CAEUSBAD, smuniapal corporation of the State of CaIifamia, hereinafter referred to as ’City“, whose address is 1200 CarIsbad Village Drive (Formerly Elm Avenue), Carkbad, California. 92008. WITNESSETH: WHEREAS, Developer is rhe owner of the real property desmid on Exhibit “A”:, attached hereto and made B part of this agreement, hereinafter referred to as ‘Property*; and WHEREAS, the Propmy lfes within the boundaries of City; and WHEW, Developer proposes a devebpmem project as follows. on said Property, which development . REV 8/90 1 _.. , .. I carries the propased name of e0 /%%e 6fi5tG&% Pdfh is hereidtez referred as 'Development"%ui hereinafter referred to as'Request'; and WEREAS, the Public Facilities Element of the City General Plan requires that the City Council find &at aU public facltities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is an file with rhe City Clerk and 4 hcorporated by this reference); and WHEREAS, Developer and City recognize &e correctness of Council Policy No. 17, dated Jdy 28,1987, on file wi* the City Clerk and incorporated by chis reference, and that the CiVs public ties and sentices me at capacity and will not be available to accomodate the additional need for public facilities and services resulting from the proposed Development; and ~ WHEREAS, Developer has asked the City to find that public facilities and Services d be available to meet the fume needs of the Developmew as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding withput financial assistance to pay for such services ad faciIities; and therefore Developer proposes to help satisfy the Gad Ph as MpIemented by Council Policy No. 17 by payment of a public facilities fee. NOW THEREFORE, in considemtion of &e reatals and the covenant~ contained herein, the parties agree BS follows: 1. The Developer shall pay to the City a public facilities fee in an amout not to exceed 3.5% of the building pexmit valuation of the building or smhues to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or Rm 8/90 2 I { i other construction permits for the devebpment and shall be based on the dwtion at that time. This fee shall be in oddidon to nay fecs, dedications or improvements requited pursuant to Tfdw building or structures into condominium in an amount not to exceed 3.5% of the building permit vaIuadon at the time of conversion. The fee for a conduminiurn conversion shf be paid prior to the Issuance of a condominium convenion pennit as provided in Chapter 21.47 of the Carlsbad MunfcipalCode. Condominium shall include community apament or stock cooperative, The tern "other construction pdts', "other construction permit" snd entitlement of use" os used in this ageement, except in reference to mobiIe home sites or projects, shall not refer to grading permits or other pdts for the construction of underground or street improvements des no other permit is necesmy prior to the we of occupancy for which the development is Intended. Developer shall pay the City a public facilities fee in the sum of 81.150 for each mobile home space to be constructed pursuant to the request, The fee shall be paid prior to the issuance of building or other construction perids for the development. This fee shall be in addition ta any fees, dedications or improvemerlts Iequired according to Titles 18.20, or 21 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If DeveLoper offers to donate a site or sites for public faciliries, Ehe City shall consider, but is not obligated to accept the offer. of this agreement. Sites donated under this paragraph shaU not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the Cicy's General Pian. If the fee is not paid as provided i herein, the City will not have the funds to provide public fadties and services, and the development will not be consistent with the Gend Plan and any approval or permit for the Development shall be void. No bufldiig or other cotlstruction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City apes to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of publfc facilities when the City Council determines the need exists to provide the facilities and dcient funds from the payment of this and similar public facilities fees are avidable. $. City agrees to provide upon request reasonabh assurances to enable Developer to comply wit!! any requirements of other public agencies as evidence of adequate public facilities and service sufficient to accommodate the needs to the Devdopment herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developers are not approved. 7. Any notice from one party to the other shall be in wrieing, and shall be dated ad signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever udess served in one of the following Illanners: I 7.1 If notice is given to the City by personal delivery thereof ro the City or by deposidng same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sed4 envelope, addressed to the City artention of the City Manager, postage prepaid and certified. 7.2 If notice given to Developer by personal deliveryrherecf to Dewlopet or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as my have been designated, postage ptepaid and certified. REV 8/90 4 i i I _'.. - I. .. apply to the respective successors and assigns of Developer and the City, and Ieferences to Developer City herein shaU be deemed to be references to and include their respactivc ~~cce~sof$ have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Dewlopeis obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. when the obligations of this agreement have been satisfied, Ciry shall record a 5 w 8/90 ( .-. IN WITNESS WHEREOF, this agreement is executed in S~R Diego county, California as of the date fitst written above . .. DEVELOPER-OWNER CrrY OF CAREBAD, a municipal carporntion of the State of C8UfodE ATTEST, -L&UdP- A?- - L RA&NKRANZ, city Clerk APPROVED AS TO FORM: VJNCENT F. BIONPO, JR. city Anomy (Notarial acknowledgement of execution by DEVELOPER-OWER must be attached) RJ# 8/90 6 ,I_ .. ( \ :_. . . . . .-_ . _. . . . .. i STATE OF CALIFORNIA 1 COUNTY OF ORANG€ On this 17th day of September, '1990, before me, the undesigned, a Notary Public in and for said State, penonally appeared B. 1. SHAUY and A. 1. CLARK personally known to me to be the Vice President and Assistant SecretaryKreasurer of HUNTINGTON BEACH COMPANY, that executed the within instrument, and personally known to me to be the persons whose names ore subscribed to the within instrument on behalf of such corporation, and acknowledged to me that such corporation executed the same pursuant to its bylaws or a resolution of its Board of Directors. WITNESS my hand and official seal. .. , - .' .. ORDER 210. 1001785-11 LEGAL DESCRXPTTON THE LAWD REFERRED TO HEREIN TS SITUATED IN !MU3 STATE OF CLALXFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARGE& A: THAT PORTION OF THAT CERTAIN PARCEL OF LAND SHOWN AND DESIGNATED AS FILED IN THE OFFICE OF THE COLW'PY RECORDER OF SAN DIEGb COUNTY ON HEDIONDA, TN THE COUNTY OF SAN DISGO, STATE OF CALXFORNIA, ACCORDING TO THE MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYXNG NORTHERLY OR THE CENTEX LXNE OF COtJNTy ROAD SURVEY NO. 1534 AS SHOWN ON SAID fzzCORp OF SURVEY MAP NQ. 5715 (NOW KNOWN AS PALOMAR AIRPORT ROAD). EXCEPTING THEREFROM THAT PORTION LYXNG WESTERLY OF THE POWXIWfNG DESCRIBED BOUNDARY LINES: COMMENCING AT TKE NORTHUESTEF?ZY CO- bP SAID flD$Si!RTmION ab. 3n, THENCE ALONG THE NORTXeRLY LINE OF SAID "DESCRIPTION NO. 3" SOUTH 89O46'32" =ST, 214.72 FMET M I\KE NORTXEASTERLY co~~ OF LAND AS FILE NO. 197951 OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNIXG; TIIENCE ALONG THE EASTERLY BOUNDARY LINE OF SAID LAND AS "DESCRIPTION NO. 3, 78.07 ACRES"# ON RECORD OF SURVEY MAP NO, 57151 DECEMBER 19, 1960, BEING A PORTION OF LOT "G" OF THE RANCETO AGUA DESCRIBED IN DEED TO DOH XNVESTMENT CLUB, RECORDED NOVEMBER 15, 1961 SOUTH 19°12'56H EAST, 1115.85 FEET TO AN ANGLE POINT THEREIN AND SOUTH 02°36~401g WEST, 500.00 FFET TO THE SOuTKERtY LINE OF SAID a'DESCRIPTION NO. 3". PARCEL B: THAT PORTION OF THAT PARCEL OF LAHD DESIGNATED AS "DESCRIPTION NO. 3, 78.07 ACRES", AS SHOWN AND DEWNEBTED ON RECORD OF SURVEY MAP NO* 5715, FILED IN TEE OFFICE OF THE COUNTY RECORDER OF SAN DfEGO COUNTY ON DECPSBER 19, 1960, BEING A PORTION OF LOT "G" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFZCE OF THE COVNTY RECORDER OF SAID SAN DIEGO COUNTY ON NOVEMBER 16, 1896, DESCRIBED hi3 FOLLOWS: i "*.' % ., . .,.. . . .. L 0. OIIDL,? 10. 1091735-11 BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY LXUE OF SAID PARCEL WXTX A LINE WHICH IS PARAUEL XTH AND 110 FEET SOIJTXWZS~Y, MEASURED AT IETGHT MGmS FROM TAX NOXTEEASTERLY LTNE OF SAID PARCEL; THENCE ALONG THE BOUNDARXES OP SAID PARCEL As FOLLOWS: NOR!L'€I 851a46'32" WEST, 214.72 FEET TO THE NORTHNEST CORlQER THEFSOF; SOUTH 1'02'57" WEST, 18295.68 FEET, SOW 28O55'39" EAST, 190.67 FEET TO A POINT XN A 1,500 FOOT WIUS CURVE CONCAVE SOUTNERZY, A RADIAL LINE TO SAID POINT BEARS NORTH 6O33'05" EAST, EASTERLY AUING SAID CURVE, 116.46 FEET -WOWGH A CENTRAL ANGLE OF 4*26'46"; AND SOUTH 78b54*09t1 EAST, 382.97 FEE2; THENCE NORTH to%* EAST, 500 FEET; THENCE NORrK 19'12'56'' WEST, 1115.85 FEET TO TRE POINT OF BEGINNTNG. PARCEL C: PARCELS 3. THROUGH 4 OF PARCEL MAP NO. 6331, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILm IN TEIE OFFXCE OF THE COuNm RECORDER OF SAN DIEGO COUNTY, SEPTEHBER 8, 1977 AS PXLE NO. 77-369645 OP OFFICIAL RECORDS. XINERAL RIGHTS BELOW A DEPTX OF 500 FEET =OH THE SURFACE THEREOF WITH NO RTGHTS OF SURFACE ENTRY. EXCEPTXNG THEREFROH ONE-HALF INTEREST IN AND TO ALL THE OIL, GAS AND PAGE 19 - .i . .. ( *. . . _. a *rnmS~DBY W14EN RECORDED, lU\E'pUp,ti TO; 114 II 'I y!J 1 ... II I ; L LILY 3 * p(@S.- talWYL/ L{,IL [{: l/ I I JidUi *-*I , \/ \I\! I I :', I \I I y '\lj \'V\ a I806 CITY CLERK .. .. * CITY OF CRItLtJIIAD 1200 CARLSUM vrLx,Acm DR. CiWLSBhD, CA 92000 NoTlCX OF SPECXhG TNE LIEN Pursuant: to the requi.rernent8 of Section 3114.5 of the Streeke and HLghways Code and section 53328.3 of the Government Code, the undersigned CITY CLERK of the leginlative body Of the CITY OF CARISBAD, COWUNITY FACILITIES DISTRXCT NO. I, STATE OF CALIFORNIA, HEREBY GIVES NOTICE that a lien is hereby impoeed to secure paymene of a speclal fax which the City Council of the ClCy of Carlabad, County of San DiegOf State of CalLfornia, is authorized to annually levy for the following purpoeer To pay for certain public capital facilltiee, Including tho payment: of principal and interest on bonds, eald facLLitiee generally deecribed a8 followst I. PublLc facillties generally described ae il new library facility, a. major addition to an exluting library building, a City Hall compZex, and the addttion of office and warehouee facillties 4t the public safety centet. 11. Park Lmpravernante generally designated a8 the XACARIO CANYON PARK. rrr. najor street Lmprovernents~ in Fortions of the following designated public ~traets: FARRDAY AVENUE, CANNON RGAD, LA COSTA AVVZldE, OLS-VENHAIN ROAD/RX?ICHO SAHTA FZ ROAD and LEUCADIA BOULEVAIU,. IV. Hajor bridge and overpa86 facilities generally described aa the LA COSTA INTERCWCE, POI?ISETTIA LRNP: INTERCHANGE and PALOMAR AIRPORT ROAD INTE,~CWGE. The special tax l.8 authorized to be levied within Cornunity FacflLtiea Dletrict No. lr whlch hae nw been cffictally formed, and the lien of the special tax 1s a continuing llen which shall mecure each annual levy of tho special tax and which ehall continua in force and efftlct untfk the special tax obligation is prapaidt permanently satisfied and cancelled In accordance with law or until the special tax ceases to be levied and a notice of ceaaation of special tax Is recorded in accordance with Section 53330.5 of the Government Code. The rate and method of apportionment of the authorized special tax La as shown on the attached, referencad and Lncorporated Zxhibit "A", and tho epecial tax shall be collected in the plam manner a8 ordfnary ad valorem property taxe6 LICB collected and eatlafled and the ilen of the epecial tax cancelled nrs IO followsr c .e all non-exempt: real propsrty wfthfn tho Dietrlct Ln accordance with Section 3215.5 of the Street8 and Highways Code. The (a) narnea of the owner(a) of the real property included withln this Community Facilitiaa Dlstrict as they appear on the Saet: secured aeeeoement: roll as of the date of recording of thfe Notice and (b) the Ameaaor'B tax parcel(8) numbers of all parcels or any portion thereof which are lncluded within thia Community Facilities Dlstrlct are as eet fosth on the attached, referenced and incorporated Exhiblt "B". Reference Le made to the boundary map of the Community Facilities Dlatrict recorded at nook aq , Page .$(Q , Document: NC,. 4$-&34r !$? , of Naps of AEiEeEsmQnt and Community Facilities DiEtriCCS in the Office of the county Recorder for the County of Sad Diego, State Oi Callfornia, which map le now the final * boundary map of the Community Fadlitfen Dietrict. For further informatfan concecnlng the current and estlmated future tax liability of ownera or purchasers of real property subject to this apeciai tax lien, 'interested pereone ahould contact: the following dedgnated person: Jl% ELLIOTT, FINANCE DIIReCTOR CITY OF CARLSSrn 1200 CARLSBAD VILLAGE DRIVE CARLSBAO, CA 9200% TELEPHOHEt (619) 434-2867 STATE OF CRLIFORNIA e ... . . .-.. r ! 1.808 \ CITY OF CAFUSBAD COWUNITY FACILITIES DISTRICT NO. 1 B~IBIT "A" PROPERTY CATEGORIES AND MAXIHUH TAX All taxable property wlthh the boundaries of the Community Facilities Dfstrict shall be subject to ANNUAS. SPECIAL TAXES as applicable, baaed upon the property categoriee, rnaxhum tax ratee, increaflea and status of the issuance of building permits, all aa hereinafter set forth, Improvement Area I: refers to all properties within the boundariee of the City of carlabad Bridge and Thoroughfare Dietrict. Improvement Area XI is for all rsmahing properties withhi the Cornunity FaoilLtles District, not within the Bridge Ei Thoroughfare Dlstrict. RESIDENTIAL PROPERTY All taxab1.a property prior to the lesuance of Q building permit shall be subject to the following maximum annual special tame, subject to Fncreaeas an sell Earth herein: MAXIWUX ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER PEWLOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVENENT IMPROVEMENT Residential Low 5 281.00 $ 277.00 Reeidential Law to Hedlum 772.00 760 .OO Residential lmdium 1,294.00 1,217 .OU Residential kXgh 2,793 .OO 2.739 .OO Residential Medium to High 1,984.00 1,a6a. oo SPECIAL DEVELOPMENT TAX - ONE TTM3 Upon the Lseuanca of a building permit, all Residential proppertiee ahall be subject to the following described SPECIAL DEVELOPMENT TAX - ONE TI~tE, also subject to increases ae set forth herein, ae foL1Pwe: KIU[XMZIM SPECfAL DEVELOPMENT TAX - ONE TTHE PER RESIZ5ENTXAL DWELLING UNIT FOR FISCAL YEAX 3990/1991 IHPROVSMENT IMPROVENENT Residential Low Reaidenrial Low to Medium Reeidential Medium 2,810.00 2,312.00 2,312.00 Re%fdential Hedlum to Hlgh 2,810.00 Raefdential High 2,810.00 2 I 312.00 - - - .. *- - .. .. .. -a '- .- c -. .. . -. .. -4 ' .f' -. . . . 2-, , . .a .. . -e 0 . .. ,*- .. - .. . .- . . .._ ,- .. . . , .. ? MAXIHUH ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEWPXAPABLE Ac€l€! PO2 PZ6cx YEMI 199o/i991 Commercial Property $ 2,400.00 Industrial Property 1,200 .oo 960.00 Agricultural Property -0- -0- All Commercial and Induetrial Property, upon the iseuance of a building permLt, ehall have the option to (1) pay the SPECIAL DEVELOPMENT TRX ., ONE TXHE or (2) assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not to exceed twenty-flvs (25) years, generally in the amounts per pzoperty category as followai I HAXIHUM SPECIAL DEVELOPXENT TAX - ONE TrKe FOR FISCAL YEAR 1990/91 PER SQUARE FOOT OF BUILDIN0 AREA PROPERTY CATEGORY IMPROVEMENT IHPROVEHENT SWHERCIAL USE DESIGNATIONS AREA I . aarp 11 Reetaurant - Faat Food $ 28.46 7 7-58 outdoor Tennie Court8 28.14 7.26 Bank with Drive-thru 18 + 06 5.72 Regtaurant - Sit Down Kar ha Bank - Walk In Auto - Gasoline Grocery Store 7.78 2.56 S fi t with Drive-thru 7.59 3.48 Bowling Center 6.63 2.83 Restaurant: - Quality 6.57 3.09 NeiqhbQrhaod Shopping Center 6.46 2.27 Auto Car Waeh 6.31 ‘ 2-52 S & L - Walk In 5.51 3.03 Race Track 5.10 2.33 Llbrary 4.26 2.86 Hospital - Ganeral 3.88 3.18 Convenience Harket 27.31 6.74 Campgr6Und 17.S1 4.99 Cornmunit: y Shdpp ing Center 4.24 1.80 L -..- -... -.... ~ . 1810 Hotel - conv. Pac/Conun. 2.99 1.94 Cornmarcia1 Shops 2.90 1.58 Motel 2.69 2.06 Office - Hlgh Rise 2.67 3.84 Office - conunerclsl, 100,000 SF 2.56 1.75 Lumbat/Hardware stam 2.47 1.58 Office - Xsdlcal 2.42 2.01 HospLtal - Convalescent 2.33 2.23 Xndoor Sports Arena 2.33 2.23 Resort Hotel 2.30 1.98 2.26 1.91 2.14 1.90 Heal%b Club 2.89 1.85 All other Commerclal Properties 2.14 1.44 not lndeiitifled above Heliportti S 10.63 S 3.67 Park 2.14 1.51 Xnduatrial-Commerclal BueLneas A11 other Industrial Properties not identified above 1.74 1.42 OR, IN "KE ?&TXR?ih~, ANNUAL SPECIAL TAX The "Maximum Annual Special Tax .. Developed Property" for 4ny Ffscal Year ehall not. 0XCQed 13.81% of tho authorized "Haximum Specfal Dovolopmwt Tax - One Time" for tho various. Camrrcial and Induatrfal Property cataqorirr as sat forth above in the amount appllcable and annually adjusted for each PLscal Yiar. ANNUAL TAX IHCREASX The above SPECIAL TAXES for the taxable properties are applicable for the fiscal year 1990/91, and are all subject to annual lncreasee to reflect increase8 la construction coata, The conetruction Cost Index of the EngineerLng Newa-ReCord, tlkled "ENR @8dk Indexea Ln 22 CltLea" wL11 he uaed. The Index pubxished for the month of April for &he Clty of Lo6 Angelee under the column heading of "Percentage Change from Laet Yeac" wLll annually inflate each of the Haxfmm Annual Taxes for each year for properties as follcwar ( .' ., above-ref erenced increase. The abcve taxas ohall be Levied until all bonds have been discharged and facilities funded snd/or guaranteed, and the SPECIAL DEVELOPKENT TAX - ONE TIME has been paid; however, the ANNUAL SPECXAL TAX - DEVELOPED PROPERTY ehall not be levied for a pariod in axcess of twenty-five (25) years per parcel. ResidentiaL I Once a building permit: has been ieeued for Residential property and the SPECIAL DEVELOPMENT TAX - ONE TIKE haa boen paid, the property no longer will be subject to any annual special tax. The Commercial and Xnduatrial properties, upon the iasuance of a building permit, have the option to (1) pay the SPECIAL DSVELOFHENT TAX - ONE TIN or (2) a6aUme the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, iia aet forth above. Upon the fasuance of Residential property Shall be taxed in an amaunt aufficient to meet the 65% share of faciiitles, which tax will includa coat0 of Faauance, interest and other Costs, including sinking fund paymente for future construction a8 appliczble. Commercial 8 Induatrial property shall be taxed in an amount sufficient to meet the 35% share of facFlities, whkh tax will include costn of ieouancs, intereet and other costa, including sinking fund payments for futuse conetruction IQ applicable. COLLECTION OF ANNUAL TAX Residential i Determine monies neceeeary to make payment. on bond debt service, repleniah reEerVBl call bonds, pay bonds and Community Facilities District No. 1 admLnLstrative coats, and pay for public capital. facilities. FIRST: xeduce this amount by the funda collected from special Development Tax - One Time levied against residentla1 properties. SECONDI The remaining funds needed are to be collected by the levy of the annual Special Tax - Undeveloped Property an undeveloped taxable residential acreage, in the proportional amounts for each property category as required, not to exceed the maximum authorized tax. ,. 1812 Cbmrnerclal and Industrial; Determine moniea neceeaary to make payment' on. bond debt flervice, replenish reaerve, call bonds, pay bonds and community Faclliliee DlEtriCt No. 1 adminlstrative costa, and pay for current or future public capital fadlitlee. FIRST: Reduce thh amount by the funds collected from Special Develbpment Tax - One The and annual Special Tax - Developed Property levLed against commercial and Industrial. properties. SECOND; Levy the annual SpecLal Tax - Undeveloped Preperty on undeveloped taxable commercial and induetrial acreago in the proportional amount8 for each property category as required, not to exceed the maximum tax. *** c - .I. .- -! CERTIFICATE OF COHPLIANCE HIT11 NOTICE REQUIXUENTS COMMUNITY FACILITIES DISTRICT NO. 1 STATE OF CJGIFOILNNIA COUNTP OF SAN DXEGO CITY OF CML8EA.D ALETHA RAUTENKRANZ, under penalty of prjuxy, CERTIFIES AS FOLLOWS1 The undersigned ie now, and at all thee mentloned herein waul the duly qualified .and acting CITY CLEM of the ClTY OF CRRLSEAD, CKLIFOJWIA, and as euch, accomplished the notice requirements in connection with the referenced ColrvnUnLty Facilities District, aa noted: RECORDING rhe NOTICE OF SPECIAL TAX LIEN waa recorded in the OffkE of the County Recorder on , 1991, said date being wtthin flfteen (15) daya of the certification of the reaulta at the election of the community racilitier DiBtriCt. EXECUTED thh t 19915 at: carlabad, cal FfornFa. CITY CLERK CITY or cmsam STATE OF CALIFORNIA , - - . c.. I. -.. 17 May 1991 CI@ k4 CARLSBAD EXHIBIT ttWI I COMMUNITY FACILITIES DISTRICT NO. 1 ASSESSOR'S PARCEL NO, OWNER'S NAME h ADDRESS g"~aa~~~~~D~~~~~~~~-~muunm~~~~~~~~- __________ A-M HOMES 215-612-10 214-14 0-40 AITCHTSON, WALLACE G 2 15-07 0-18 ALADRAY, NAZEAN 6( JOSEPH 212-040-26 ALSOP, ANNE TR 214 -022-10 ALTAMIRA UNIT NO 4 214-300-08 ARIE DEJONG JR. FAMILY TRUST 215-080-01 214-170-51 AVIARA LAND ASSOC AVIARA LAND ASSOC 215-040-18 215-040-19 AVIARA LAND ASSOC AVIARA LAND ASSOC 215-040-20 AVIARA LAND ASSOC 215-04 0-21 2 15-04 0-22 AVIARA LAND ASSOC 215-040-23 AVlARA LAND ASSOC AVIARA WD ASSOC 215-070-25 AVIARA LAND ASSOC 215-080-24 AVltARA LAND ASSOC 225-080-25 AVIARA LAND ASSOC 215-592-02 21g-592-02 215-592-04 AVIARA LAND ASSOC AVIARA LAND ASSOC 215-592-09 215-592-10 AVIARA LAND ASSOC AVIARA LAND ASSOC 215-592-19 AVIARA LAND ASSOC 215-600-15 nv-r_n_n_q LA-VE p.SSQC 235-5132-16 2 15- 6 00-23 AVIARA LAND ASSOC AVIARA LAND ASSOC 215-600-24 AVIARA LAND ASSOC 2 15-6 00-25 AVIARA LAND ASSOC 2 15 - 600-2 6 AVIARA LAND ASSOC 215-600-27 AVLARA LAND ASSOC 2 15 - 6 10-0 1 215-610-02 AVIARA LAND ASSOC 215-610-03 AVIARA LAND ASSOC AVIARA LAND ASSOC 215-610-04 AVIARA LAND ASSOC 215-610-05 AVIARA LAND ASSOC 215-610-06 AVIARA LAND ASSOC 215-6lQ-07 AVIARA LAND ASSOC 215-610-08 215-610-09 AVIARA LAND ASSOC AVIARA LAND ASSOC 215-610-10 AVIARA LAND ASSOC 215-610-11 AVIARA LAND ASSOC 215-610-12 215-610-13 AVIARA LAND ASSOC 2 15-6 10-14 AVIARA LAND ASSOC AVIARA LAND ASSOC 2 15-6 10-15 AVIARA LAND ASSOC 215-610-16 ABADA, AHARON AVIARA LAND ASSOC PAGE 1 I 17 May 1991 CITY OF CARLSBAD EXHI BIT r'B'l COMMUNITY FACILITIES DISTRICT NO, 1 ASSESSOR'S OWNER'S NAME br ADDRESS PARCEL NO, ____I___I_____I_C__-_---~-----L- ---I------ 215-610-17 215-610-18 AVIARA LAND ASSOC AVIARA LAND ASSOC AVXARA LAND ASSOC 215-610-19 AVIARA LAND ASSOC 215-610-20 AVIAXA LAND ASSOC 215-610-21 AVIARA LAND ASSOC 215-610-22 AVIARA LAND ASSOC 215-6 10-2 3 AVIARA LAND ASSOC 215-610-24 AVIARA LAND ASSOC 225-610-25 AVIARA LAND ASSOC 2 15- 610-2 6 AVIARA LAND ASSOC 215-610-27 AVIARA LAND ASSOC 215-610-28 AVIARA LAND ASSOC 215-610-29 AVTARA LAND ASSOC 215-610-30 AVIAXA LAND ASSOC 215-610-3 1 AVIARA LAND ASSOC 215-610-32 215-610-33 AVIARA LAND ASSOC 2 15-610-3 5 AVIARA LAND ASSOL! AVIARA LAND ASSOC AVfARA LAND ASSOC 215-610-36 AVIARA LAND ASSOC 215-610-37 AVIARA LAND ASSOC 215-610-38 AVIARA LAND ASSOC 215-610-39 AVIARA LAND ASSOC 215-610-40 215-610-41 AVIARA LAND ASSOC 215-611-01 215-611-02 AVIARA LAND ASSOC AVIARA LAND ASSOC AVIARA LAND ASSOC 215-611-03 AVIARA L,AND ASSOC 215-611-04 AVIARA LAND ASSOC 215-611-05 215-611-06 AVIARA LAND ASSOC Aiiim Li;ND MSOC 215-611-07 AVIARA LAND ASSOC 215-dPi-08 215-611-09 AVIARA LAND ASSOC AVIARA LAND ASSOC 215-611-10 AV1:ARA LAND ASSOC 215-611-11 AVIABA LAND ASSOC 215-611-12 AVIARA LAND ASSOC 215-611-13 AVIARA LAND ASSOC 215-611-14 AVIARA LAND ASSOC 218-61 1-15 AVIARA LAND ASSOC 215-611-16 AVIARA LAND ASSOC 215-611-17 AVIARA LAND ASSOC 215-611-18 215-611-19 215-611-20 AVIARA LAND ASSOC AVIAW LAND ASSOC 21 15-611-2 215-611-22 AVIARA LAND ASSOC AVIARA LAND ASSOC AVIANI LAND ASSOC 215-611-23 AVIm LAND ASSOC 215-611-24 ! AVIAFS LAND ASSOC 215-611-25 AVIARA LAND ASSOC 215-611-26 215-611-27 AVIARA LAND ASSOC AVIARA LAND ASSOC 215-611-28 215-610-3 4 PAGE 2 I 1816 -! 27 May 1991 CITY OF CARISBAD COMMUNITY FACILITIES DISTRICT NO. 1 EXHI BIT "BZ' ASSESSOR I S OWNER'S NAME 6( ADDRESS PARCEL NO. AVIARA LAND ASSOC 215-611-29 AVIARA LAND ASSOC 215-612-05 AVIAII UND ASSOC 215-612-09 AVIARA LAND ASSOC 215-612-13 AVIARA LAND ASSOC 215-612-14 AVIARA LAND ASSOC 215-612-17 AVIARA LAND ASSOC 216-110-02 -I--------------_------------------ ------..""- AVIARA LAND ASSOC 216-110-19 AVIARA LAND ASSOC 216-110-29 AVIARA LAND ASSOC 2 16-11 1-04 AVTARA LAND ASSOC 2 16- 111- 07 . AVIARA LAND ASSOC 216-211-08 AVIARA LALAND ASSOC 216-111-09 AVIARA LAND ASSOC 216-121-15 AVIARA LAND ASSOC 216-121-16 AVIARA LAND ASSOC 216-150-07 AVIARA LAND ASSOC 216-150-18 AVIARA LAND ASSOC 216-150-19 AVIARA M.H.A. 215-592-03 AVIARA I4,H.A. 215-592-11 AVIARh M,H.A. 215-592-16 AVIARA M.H,A. 21'5-592-17 hVIARA M.H.A. 215-592-3.8 AVIARA M.H.A. 2 15- 6 02-53 AVXAFtA M.H.A. 2 15- 6 02-54 AVIARA M.H.A. 2 15 -6 12-03 AVIARA M.H.A. 215-612-08 AVIARA M,H+A. 215-612-11 AVXARA 24eH.A. 215-612-12 AVIARA M.H.A. 215-612-15 %T?Xp.?-n_ K*X.L. 215-612-15 AVIARA RESORT ASSOC 215-612-02 AVIARA-5 215-592-08 AVIARA-5 215-592-12 AVIARA-5 215-592-13 AVf ARA-5 215-592-14 AVIARA-5 215-592-15 BACHMAN, JOHN & ALICE 214-021-01 BACHMAN, JOHN & ALICE 2 14-021-02 BACHMAN, JOHN & ALICE 2 14-021-08 BACHMAN, JOHN & ALICE 2 14-02 1-09 BARBER, ROSS ti MABEL E TRS 2 09-0 60-57 BATIQUITOS BLUFF 2 16-14 0-27 3ATIQUITOS BLUFF 216-14 0-28 BATIQUXTOS BLUFF 2 16-14 0-29 BATIQUITOS BLUFF 216-140-3 1 AVIARA LAND ASSOC 216-122-01 PAGE 3 *. . '., - : -.. .. .-- . -- . ., I X7 May 1991 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT 11i31' ASSESSOR'S OWNER'S NAME SC ADDRESS PARCEL NO, vl~llul"l~"ll~nllnln~~wl~~~~~""~"~" I.-l.IIul"" EA'PIQUILTOS BLUFF 216-420-79 BATIQUITOS POINTE 216-140-17 BATIQUITOS POINTE 2 16-14 0-18 BATIQUITOS POINTE 2 16-140-19 BCE DEVELOPMENT CORP 223-030-56 BCE DEVELOPMENT COBP 223 -0 60-60 BCS PROGRAM L-2 212-040-29 BECKMAN INSTRUMENTS 209-050-29 BIRTCHER BUSINESS CENTER 212-110-08 BMNSKI, THEODORE b MIRIAM 210-100-05 BMNSKI, THEODORE €I MIRIAM 210-100-06 BLONSXI, THEODORE & MIRIAM 210-100-12 BDLTON, GEORGE & MU1 2 l5-070-23 SFIAMALEA CALIFORNIA, INC 215-612-04 BREN DONALD L CO 255-03 1-18 BRIGHTON CARLSBAD ASSOC 2 64-010-21 BRIGHTON CARLSBAD ASSOC 264-010-22 BRIGHTON CARLSBAD ASSOC 2 64-010-23 BRIGHTON CARLSBAD ASSOC 2 64 -010-25 BRYANT, FRANK 2 l!FQ70-19 BUERGER, WTLLIAM ti A" 215-040-08 BUERGER, WILLIAM & ANN 215-040-10 CALIFORNIA COMMUNITIES INC 2 12-04 0-30 CALIFORNIA COMMUNITIES INC 212-120-33 CAMPBELL, TOM ET AL 214-022-13 CANTARINI, BANNING T ET AL 209-070-01 CANTARINI, BANNING T ET AL 209-070-02 CARLSBAD 54 PARTNE-P 2 12 -02 0-23 CARLSBAD AIRPORT CENTER 212-081-01 CARLSBAD AIRPORT CENTER 2 12-081-02 CARLSBAD AIRPORT CENTER 2 12-081-03 CARLS BAD AIRPORT CENTER 212-081-04 CARLSBAD AIRPORT CENTER 212-081-05 CARLSBAD AIRPORT CENTER 212-081-06 CARLSBAD AIRPORT CENTER 212-081-07 CARLSBAD AIRPORT CENTER 212-081-08 PAGE 4 I . ,. .*, I . 17 May 1991 COMMUNITY FACILITIES DISTRICT NO. 1 EXHTBTT’ IlBtl ASSESSOR’S OWNER’S NAME & ADDRESS PARCEL NO. ---------------~-~~uum-mnnmmuu~~--~ &--.-----.-- CARLSEAD AIRPORT CENTER 2 12-08 1-0 9 CARLSBAD AIRPORT CENTER 212-081-10 CARLSBAD AIRPORT CENTER 212-.081-11 CARLSBAD AIRPORT CENTER 212-081-13 CARLSBAD AIRPORT CENTER 212-081-15 CARLSBAD AIRPORT CENTER 212481-17 CARLSBAD AIRPORT CENTER 212-081-18 CARLSBAD AIRPORT CENTER 2 12-082-0 1 CARLSBAD AIRPORT CENTER 2 12-08 2 -02 CARLSBAD AIRPORT CENTER 212-082-03 CARLSBAD AIRPORT CENTER 212-082-04 CARLSBAD AIRPORT CENTER 212-082-05 CARLSBAD AIRPORT CENTER 212-082-06 CARLSBAD AIRPORT CENTER 23.2-082-07 CARISBAD AIRPORT CENTER 212-082-08 CARLSBAD AIRPORT CENTER 212-082-09 212-091-02 CARLSBAD AIRPORT CENTER CARLSBAD AIRPORT CENTER 212-091-03 CARLSBAD AIRPORT CENTER 212-091-04 CARISBAD AIRPORT CENTER 212-091-05 CARLSBAD AIRPORT CENTER 212-091-08 CARLSBAD AIRPORT CENTER 212-091-13 CARLSBAD AIRPORT CENTER 212-091-14 CARLSBAD AIRPORT CENTER 212-091-15 CARLSBAD AIRPORT CENTER 212-091-16 2 12-09 1-17 CARLSBAD AIRPORT CENTER CARLSBAD AIRPORT CENTER 212-091-19 CARLSBAD AIRPORT CENTER 212-092-02 CBRLSBAD AIRPORT CENTER 212-092-03 CARLSBAD AIRPORT CENTER 212-092-04 212-092-06 CARLSBAD AIRPORT CENTER CARLSBAD AIRPORT CENTER 212-092-07 CARLSBAD AIRPORT CENTER 212-092-08 CARLSBAD AIRPORT CENTER 212 -09 2 -09 CARLSBAD AIRPORT CENTER 212-092-10 CARLSBAD AIRPORT CENTER 212-092-11 CAKLSBAD AIRPORT CENTER 212-092-12 CARLSBAD AIRPORT CENTER 212-092-13 CARLSEAD AIRPORT CENTER 212-092-19 CARLSBAD AIRPORT CENTER 212-092-22 CARLSBAD AIRPORT CENTER 23.2-093-01 CARLSBAD AIRPORT CENTER 212-093-02 CARLSBAD AIRPORT CENTER 212-093-03 CARLSBAD AIRPORT CENTER 2 12-093-04 CARLSBAD AIRPORT CENTER 212-093-05 CARLSBAD AIRPORT CENTER 212-093-06 CARLSBAD AIRPORT CENTER 212-093-07 CARLSBAD AIRPORT CENTER 212-093-08 CARLSBAD AIRPORT CENTER 212-093-09 CARLSBAD AIRPORT CENTER 212-081-14 CARLSBAD AIRPORT CE4TER 212 -0 9 1-01 CA3XZAD 6IR2CET CEmZE 2 12 -09 2 -05 CARLSBAD AIRPORT CENTER 212-092-23 PAGE 5 c I CITY1 &J hRuBAD COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT OB" ASSESSOR' S OWNER'S NAME & ADDRESS PARCEL NO, ---------"---""-"--LI_c_1________I_ ""-------- CARLSBAD DEVELOPMENT CO 168-050-02 CARLSBAD DEVELOPMENT CO 168-050-05 CARLSBAD HEIGHTS ASSOC 212-040-41 CARLSBAD MWD 167-101-08 CARLSBAD MWD 168-040-20 CARLSBAD MWD 169-011-24 CARLSBAD MWD 169-500-05 CARLSBAD IWD 215-080-05 CARLSBAD MWD 215-080-23 CARLSBAD OAKS EAST LTD 209-082-02 CARLSBAD OAKS EAST LTD 209-082-03 CARLSBAD OAKS EAST LTD 209-082-96 CARLSBAD OAKS EAST LTD 209-082-07 CARLSBAD OAKS EAST LTD 209-082-08 CARLSBAD OAKS EAST LTD 2 09 -083 - 0 1 CARLSBAD OAKS EAST LTD 209-083-02 CARLSBAD OAKS EAST LTD 209-083-03 CARLSBAD OAKS EAST LTD 209-083-0'7 CARLSSAD OAKS EAST LTD 209-083-08 CARLSBAD OAKS EAST LTD 209-083-11 CkRLSBAD OAKS EAST LTD 209-083-3.2 CARLSBAD OAKS EAST LTD 209-083-15 CARNATION PROPERTIES 215-070-06 CHAPPEE, EUGENE 214-160-28 CARLSBAD MWD 168-040-24 CARLSBAD MWD 168-050-08 CARLSBAD MWD 169-230-02 CITY OF CARLSBAD 167 -1 01 - 07 167-101-09 CITY OF CARLSBAD 167-101-34 CITY OF CARLSBAD 167-101-35 CITY OF CARLSBAD 168-020-12 CITY OF CARLSBAD 168-020-13 CITY OF CARLS3AD 168-020-17 CITY OF CARLSSAD 168-020-18 CITY OF CARLSBAD 168-040-02 CITY OF CARLSBAD 212-010-05 CITY OF CARLSBAD 212-010-07 CITY OF CARLSBAD CITY OF CARLSBAD 168-020-19 CITY OF CARLSBAD 212*-010-11 CITY OF CARLSBAD 212-010-12 CITY OF CARLSBAD 212-010-13 CITY OF CARLSBAD 2 12-06 1-19 CITY OF CARLSBAD 212-081-20 CITY OF CARLSBAD 214-140-3 9 CITY OF CARLSBAD 2 14-3 00-0 9 216-110-34 CITY OF CARLSBAD PAGE 6 . I =. .. i, - - .. . I. .- - % 17 May 1991 CITY OF CARLSBAD COMMUNITY FACILITXES DISTRICT NO, 1 EXHIBIT "B" ASSESSOR'S CITY OF CARLSBAD 223-050-66 CITY OF CARLSBAD 223-060-51 223-560-61 CITY OF CARLSBAD CITY OF CARLSBAD 255-146-59 COBRA-BLACKMORE 212-120-06 COMMUNITY BANK CORP 216-122-25 COUNTY OF SAN DIEGO 209-050-25 CRIVELLO FAMILY TRUST 212-061-03 CUSD 167-101-11 CUSD 167-101-26 168-050-19 CUSD DANIELS CABLEVISION 223-010-40 DAVIDSON/COSCAN PmTNERS 215-590-01 DAVIDSON/COSCAN PARTNERS 215-590-02 DAVIDSON/COSCAN PARTNERS 215-590-03 DAVIDSON/COSCAN PARTNERS 215-590-04 DAVIDSON/COSCAN PARTNERS 215-590-05 DAVIDSON/COSCBN PARTNERS 215-590-06 DAVIDSON/COSCAN PARTNERS 215-590-07 DAVIDSON/ COSCAN PARTNERS 215-590-08 DAVI DSON/COS CAN PARTNSRS 215-590-09 215-590-10 DhVXDSON/COSCAN PARTNERS DAVIDSON/COSCAN PARTNERS 215-590-11 DAVIDSON/COSCAN PARTNERS 215-590-12 DAVI DSON/COSCAN PARTlE33S 215-590-23 215-590-14 DAVIDSON/ COS CAN PARTNERS DAW. US ON/COSCAN ~Al?l'd&RS 215-590-15 DAVI DS ON/COS CAN PARTNERS 215-590-16 215-590-17 DAVIDSON/COSCAN PARTNERS DAVIDSON/COSCAN PARTNERS 215-590-18 215-590-19 DAVXDSO N/ COSCAN PARTNERS DAVIDSON/COSCAN PARTNERS 215-590-20 DAVIBS ON/ COS CAN PARTNERS 215-590-21 DAVIDSON/COSCAN PARTNERS 215-59 0-22 DAVIDSON/COSCAN PARTNERS 215-590-23 215-590-24 DAVIDSON/COSCAN PARTNERS DAVIDSON/ COSCAN P&R!L"ERS 2 15-59 0-25 DAVIDSON/ COSCAN PARTNERS 215-590-26 DAVIDSON/ COSCAN PARTNERS 215-590-27 DAVIDSON/COSCAN PARTNERS 215-590-28 DAVIDSON/ COSCAN PARTNERS 215-590-29 DAVIDSON/COSCAN PARTNERS 215-590-30 DAVIDSON/COSCAN PARTNERS 215-590-3 1 DAVI DSON/COSCAN PARTNERS 215-590-32 DAVIDSON/COSCAN PARTNERS 215-590-33 DAVIDSON/COS CAN PARTNERS 215-590-34 ---------"----------------------~-- OWNER'S NAME 6r ADDRESS PARCEL -__--yI___ NO, PAGE 7 c . .I I. 1821 * 17 May 1991 CLTY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT I'BIl ASSESSOR' S OWNER'S NAME & ADDRESS PARCEL NO. DAVIDSON/COSCAN PARTNERS 215-590-35 DAVIDSON/ COSCAN PARTN EP.S 215-590-36 DAVIDSON/COSCAN PARTNERS 2 15-590-3 7 DAW DSON/COSCAN PARTNERS 215-590-38 DAVI DSON/COSCAN PARTNERS 2 15-59 0-3 9 DAVIDSON/COSCAN PARTNERS 215-590-40 DAVI DSON/COS CAN PARTNERS 2 15-590-41 DAVIDSON/COSCAN PARTNERS 215-590-42 DAVIDSON/COSCAN PARTNERS 215-590-4 3 DAVIDSON/COSCAN PARTNERS 215-591-01 DAVIDSON/COSCAN PARTNERS 215-591-02 DAVIDS ON/COSCAN PARTNERS 2 15-591-03 DAVIDSON/COSCAN PARTNERS 215-591-05 DAVI DSON/CO S CAN PARTNERS 225-591-06 DAVI DS ON/COS CAN PARTNERS 2 15-591-07 DAVI DSON/COS CAN PARTNERS 215-591-08 DAVIDSON/COSCAN PARTNERS 2 15-591-09 2 15-5g 1-1 0 215-591-11 DAVI DS ON/CO SCAN PARTNERS DAWDSON/COSCAN PARTNERS 215-591-12 DAVIDSON/COSCAN PARTNERS 2 15-591-13 215-591-14 DAVIDSON/COSCAN PARTNERS DAVIDS ON/COSCAN PARTHERS 215-591-15 DAVIDSON/COSCAN PARTNERS 215-591-16 215-591-17 DAVIDSQN/COSCAN PliRTNERS DAVIDSON/COSCAN PARTNERS 2 15-591-18 DAVIDSON/COSCAN PARTNERS 215-591-19 DAVIDSON/COSCAN PARTNERS 215-591-20 DAVIDSON/CQSCAN PARTNERS 215-591-21 DAVIDSON/COSCAN PARTNERS 215-591-22 DAVIDSON/COSCAN PARTNERS 215-591-23 DAVIDSON/COSCAN PARTNERS 215-591-24 DAVIDSON/COSCAN PARTNERS 215-591-25 DAVLDSON/COSCAN PARTNERS 215-59 1-2 6 DAVIDSON/COS CAN PARTNERS 215-591-27 DAVIDSON/COS CAN PARTNERS 215-591-28 DAVIDSON/COSCAN PARTNERS 215-591-29 DAVIDSON/COSCAN PARTNERS 215-62 0-01 DAVIDSON/COS CAN PARTNERS 215-620-02 DAV IDSON/ COS CAN PARTNERS 2 15-620-03 DAVIDSON/COSCAN PARTNERS 215-620-04 DAVIDSON/COSCAN PARTNERS 2 15-62 0-05 DAVIDSON/COSCAN PARTNERS 2 15- 62 0-06 DAVIDSON/COSCAN PARTNERS 215-620-07 DAVIDSONICOSCAN PARTNERS 215-620-08 DAVIDSON/COSCAN PARTNERS 2 15-62 0-09 D AVI DSON/COS CAN PARTNERS 215-620-10 DAVIDSON/COSCAN PARTNERS 215-620-11 DAVIDSON/COSCAN PARTNERS 215-620-12 DAVIDSON/COSCAN PARTNERS 215-620-13 DAVIDSON/COSCAN PARTNERS 2 15-620-14 DAVI DSON/COSCAN PARTNERS 2 16-620-15 ------------------------------ ---- -- ----" __-__ DAVI DSON/COSCAK PARTNERS 2 15-591-04 DAVIDSON/COSCAN PARTNERS PAGE 8 - ... - _. . . '- .. .' a_ x I,' I , .. .?' *- . '- . - .. . - .. - .. f _I - . i. .. . ,- .. .. . .. . .. .. ., .. -1 .. . e. ..' *.. . , . d -. .. 14 ' .- .. - ,* 1822 I t 17 May 1991 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT llB1* ASSESSOR' S OWNER'S NAME L ADDRESS PARCEL NO. ------------I---------------------- ---------- DAVIDSON/COSCAN PARTNERS 215-620-16 DAVIDSoN/COSCAN PARTNERS 215-620-17 DAVIDSON/COSCAN PARTNERS 2 15-62 0-18 DAVI DSON/ COS CAN PARTNERS 215-620-19 DAVIDSON/COS CAN PARTNERS 215-620-20 DAVIDSON/ COSCAN PARTNERS 215-620-29 DAVIDSON/COSCAN PARTNERS 215-62 0-2 2 DAVIDSON/COSCAN PARTNERS 2 l.5-620-2 3 XiV IDSON/ C0SCP.N PARTNERS 215-620-24 DAVIDSON/COSCAN PARTNERS 2 15-62 0-25 DAVIDSDN/COSCAN PARTNERS 2 15-62 0-2 6 DAVIDSON/COSCAN PARTNERS 215-620-27 215-620-28 DAVIDS ON/ COSC AN PARTNERS 215-620-29 2 15-62O-3Q DAVIDSON/COSCAN PARTNERS DAVIDSON/COSCAN PARTNERS 2 15-620-2 1 DAVIDSON/COSCAN PARTNERS 215-620-32 DAVIDSON/COSCAN PARTNERS 215-620-33 DAVIDS ON/COSCAN PARTNERS 215-620-34 DAW DSON/COSCAN PARTNERS 215-620-35 DAW DSON/COSCAN PARTNERS 215-620-36 DAVI DS ON/COSCAN PARTNERS 215-620-37 DAVI DSON/ COS CAN PARTNERS 215-620-39 DAVI DSON/COS CAN PARTNERS 215-620-40 DAV I DSON/ COS CAN PARTNERS 2 15-620-4 1 215-620-42 DAVIDSON/COSCAN PARTNERS DAVI DSON/COS CAN PARTNERS 215-620-43 DAVI DSON/COSCAN PARTNERS 215-620-44 DAVIDSON/COSCAN PARTNERS 215-620-45 DAVI DSON/ COSCAN PAXTNERS 215-620-46 DAVI DSON/COSCAN PARTNERS 215-620-47 DAVI DS ON/ COS CAN PARTNERS 215-620-49 DAVIDSON/COSCAN PARTNERS 215-620-50 DAVIDSON/COSCAN PARTNERS 215-620-51 DAVIDSON/COSCAN PARTNERS 215-620-52 DELORM, ROBERT 2 09-040-24 DAVTDSON/COSCRN PARTNERS DAVX DSON/COSCAN PARTNERS 215-620-38 DAVIDSON,/COSCiiN PARTNERS 215-520-4s DEVLIN, LEI?ETk L 23.4-022-18 DICKIE, CHARLES & VIRGINA 214-021-03 DONAHUE, RICHARD ET AT, 214-021-04 DONAHUE, RICHARD ET AL 214-022-01 DONAHUE, RICHARD ET AL 2 14-022-04 DONAHUE, RICHARD ET aL 214-022-06 ECKE, PAUL SR 212-041-05 PDWARDS, MARJORIE R 214-022-15 EDWARDS, MARJORIE R 214-022-17 PAGE 9 ( - -. I I823 \ 17 May 1991 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT llB1l ASSESSOR’S PARCEL NO. OWNERIS NAME 6r ADDRESS ----------------------------------- ------_-_I ENGLER, WILLIAM E. z14-170-5a ENGLER, WILLIAM E. 2 14 -170-59 216-140-33 EXTEN VENTURES INC 223-060-53 FERMANIAN, G. FERNANDEX, VICTORIA 215-070-14 FIELDSTONE/LA COSTA 216-320-13 2 22 -47 0-23 FIELDSTONE/LA COSTA FIELDSTONE/IA COSTA 222-470-25 FIELDSTONE/LA COSTA 223-010-12 FIELDSTONE/LA COSTA 223-010-18 FIELDSTONE/LA COSTA 223-010-19 FIELDSTONE/LA COSTA 223-010-27 FIELDSTONE/LA COSTA 223-010-29 2 23 -010-3 1 FIELDSTONE/LA COSTA FIELDSTONE/LA COSTA 223-010-32 FIELDSTONE/LA COSTA 2 23-010-33 FIELDSTONE/- COSTA 223-010-34 FIELDSTONE/LA COSTA 223-010-35 FIELDS TONE/ LA COSTA 223-010-37 FIELDSTONE/LA COSTA 223-011-02 FIELDSTONE/= COSTA 223-011-03 FIELDSTONE/LA COSTA 223-011-04 FIELDSTONE/LA COSTA 223-011-05 FZELDSTONE/LA COSTA 223-011-06 223-021-08 FIELDSTONE/- COSTA FIELDSTONE/.&& COSTA 2 23-021-09 FIELDSTONE/LA COSTA 223-021-10 FIELDSTONE/LA COSTA 2 23-0 2 1-1 1 223-021-15 FIELDSTONE/LA COSTA FIELDSTONE/LA COSTA 223-021-16 FTELDSTONE/LA COSTA 223-032-01 FIELDSTONE/LA COSTA 223-032-02 FIELDSTONE/LA COSTA 223-050-53 FIELDSTONE/LA COSTA 223-050-54 FIELDSTONE/LA COSTA 223 -050-59 FIELDSTONE/LA COSTA 223-050-65 FIELDSTONE/LA COSTA 2 2 3 -0 5 0- 6 7 FIELDSTONE/LA COSTA 223-050-69 FIELDSTONE/= COSTA 223-060-15 FIELDSTONE/LA COSTA 2 23 - 0 60-49 FIELDSTONE/LA COSTA 223-071-05 FIELDSTONE/LL COSTA 223-071-07 FIELDSTONE/LA COSTA 223-071-09 FIELDSTONE/.&& COSTA 255-010-09 FIELDSTONE/LA COSTA 255-010-18 FIELDSTONE/LA COSTA 255-010-19 FIELDSTONE/LA COSTA 255-022-01 FIELDSTONE/LA COSTA 2 23 -010-2 a ;PIELDST@NE,’LP, COSTA 223-021-12 PAGE 10 . -. . ... . - 1824 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT IIB'b ASSESBOR f B OWNER'S NAME ti ADDRESS PARCEL NO. _""----"----L-----------"-~--"--"-" ---"--_-*- FIELDSTONE/- COSTA 255-030-09 255-030-10 FIELDSTONE/WL COSTA FIELDSTONE/- COSTA 255-030-11 FSELDSTONE/LA COSTA 255-031-17 FfELDSTONE/EA COSTA 255-031-24 FIELDSTONE/- COSTA 255-031-25 FIELDSTONE/frA COSTA 255-031-26 FIELDSTONE/LA COSTA 2 64-22 0-47 264-220-71 FIELDSTONE/LA COSTA FIG HOLDING CO 212-062-04 212-062-14 FIG HOLDING CO FISHER, JOHN & CARYL 214-160-34 214-430-22 FRED DELANEY 2 14-43 0-23 FRED DELANEY FRED DELANEY 2 14 -43 0-2 4 GREAT WESTERN SAVINGS 209-041-18 HADLEY, PAUL & PEGGY 215-080-19 FIELDSTONE/LA COSTA 255-04 1-14 UEAD WILLIAM E 2 14-010-03 HERRICK DEVELOPMENT 214-450-20 HIGDON, BARBARA 212-050-13 HILLEBRECHT CO 2 14-140-42 HUNT, W H 216-122-23 HUNTINGTON BEACH CO 212-041-06 212-041-07 HUNTINGTON BEACH CO HUNTINGTON BEACH CO 212-041-08 HUNTINGTON BEACH CO 212-041-09 HUNTINGTON BEACH CO 212-041-10 212-041-11 HUNTINGTON BEACH CO 212-050-41 IVAR NV CORP IVAR NV COXP 2 12-050-4 3 KAISER ELECTRO-OPTIC 209-081-01 KAISER ELECTRO-OPTIC 209-081-07 KAISER ELECTRO-OPTIC 209-081-09 209-081-18 KAISER ELECTRO-OPTIC KAISER ELECTRO-OPTIC 209-081-19 KAZSER ELECTRO-OPTIC 209-081-20 KAISER ELECTRO-OPTIC 209-081-22 KAZSER ELECTRO-OPTIC 217-061-23 PAGE 11 - -- 1825 17 Hay 1991 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO, 1 EXHIBIT "B" ASSESSOR'S PhRCEL NO. ---------l----------___________II__ --I--__-__ KAISER, GILBERT & MARY 215-080-22 XATO, HIROSHI: & IDA 209-070-04 KA'PO, HIROSHI & IDA 2 09-07 0 - 0 8 KELLY FAMILY CARLSBAD 207-101-12 KELLY FAMILY CARLSBAD 208-020-30 KZLLY FAMILY CARLSBAD 208-020-33 KELLY, ALLAN 0 & KATHERINE M 168-050-01 KELLY, ALL3N 0 & KATHERINE M 168-050-03 KELLY, ALLhN 0 & KATHERINE M 168-050-06 KELLY, ALLAN 0 s( KATHERINE M 168-050-07 OWNER'S NAME & ADDRESS KELLY FAMILY CARLSBAD 208-020-28 KELLY, ALLAN 0 & KATHERINE M 168-050-25 XELLY, ALLAN 0 SC KATHERINE M 168-050-26 KELLY, RICHARD C 209-060-53 KELLY, RICHARD C 209-060-58 212-040-32 KELLY, RICHARD C KELLY, RICHARD ET AL 212-040-35 KELLY, RICHARD ET AL 212-040-37 KELLY, RICHARD ET AL 212-040-40 KELLY, ROBERT 212-081-21 KELLY, ROBERT ET AL 212-040-3 6 212-040-38 KELLY, ROBERT ET AL KELLY, IJ. ALLAN & MARIE ET AL 208-020-32 XIRGIS, HOWARD & IDA 212-010-03 LA COSTA ESTANCIA - 255-031-20 LA COSTA FUNDING 223-060-29 LAMB, JOHN M 21 6-14 0-16 212-04 0-46 LAUREL TREE INVESTMENTS CO LEUCADIA CWD 2 16-11 0-18 LUSK, JOHN & SON CORP 214-150-16 LUSX, JOHN & SON CORP 214-150-17 LUSX, JOHN & SON CORP 214-150-18 LYON COWNITIES INC 215-612-06 LYON COMMUNITIES INC 215-612-07 LY ON/ CO PLEY CARLS BAD ASS OC 167-101-03 LYON/COPLEY CARLSBAD ASSOC 167-101-19 PAGE 12 1826 . 27 May 1991 CITY OF CARISBAD COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT ltBll ASSESSOR 'S PARCEL NO. ~--"-------"-~--"---____________yyI _1_3_-_-__ LYON/ COPLEY CAHLS BAD ASSOC 167-101-21 167-101-27 LYON/COPLEY CARLSBAD ASSOC LYON/COPLEY CARLSBAD ASSOC 167-101-28 LYON/COPLEY CARLSBAD ASSOC 168-040-17 168-04 0-18 LYON/COPLEY CARLSBAD ASSOC 168-040-22 168-040-23 LYON/COPLEY CARLSBAD ASSOC 168-040-25 LYON/COPLEY CARLSBAD ASSOC 168-050-27 LYON/COPLEY CARLSBAD ASSOC 208-101-05 MADISON SQUARE DEVELOPMENT TI 2 13 -091-04 OWffER'S NAME & ADRRESS LYON/COPLEY CARLSBAD ASSOC 168-040-14 LYON/COPLEY CARLSBAD ASSOC 168-040-15 ~YON/CONJF;Y CARLSBAD ASSOC LYON/COPLEY CARLSBAD ASSOC MADISON SQUARE DEVELOPMENT XI1 212-110-01 MADTSON SQUARE DEVELOPMENT 111 212-110-02 MADISON SQUARE DEVELOPMENT I11 212-110-03 MADISON SQUARE DEVELOPMENT I11 212-110-04 MADISON SQUARE DEVELOPMENT I11 212-110-05 212-110-06 MADISON SQUARE DEVELOPMENT I11 MADISON SQUARE DEVEMPMENT III 212-110-07 MAG PROPERTIES MAG PROPERTIES 223-050-70 MAG PROPERTIES 223-060-31 MAG PROPERTIES 223-060-32 MANDANA CAL CO CORP 209-040-27 MANDANA CAL CO CORP 209-070-03 MANDANA CAL CO CORP 209-070-07 MARINE CORPS WEST 213-070-11 MC CABE, JEFFREY S 214-022-08 MCXINNEY, RONALD & EVELYN 215-070-10 MCREYNOLDS, ANDREW 2 11 - 04 0-14 MCROSKEY, JOHN 213-061-02 213-070-20 MCROSKEY, JOHN MCROSREY I JOHN 213-070-21 MCROSREY I JOHN 213-070-22 MENDIVIL, MARIA ET AL 214-170-73 223-050-68 MERCOTAL INC 213-070-0a MISON ESTANCIA PARTNERSHIP 223-060-50 METSUUCHI, ROY & NANCY 216-121-02 MITSUUCHI, ROY 6 NANCY 216-121-03 PAGE 13 ( . . -.- - ... 1 1827 . 17 May 1991 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT "Bt1 ASSESSOR'S PARCEL NO. OWNER'S NAME f ADDRESS ------------------_-________L__I___ -I"---____ MOORE, GUY S. YR. 2 15-080-2 0 MORGAN/PALOMAR INDUSTRY 212-040-25 MTK CORP OF AMERICA 212-092-14 MTK CORP OF AMERICA 212-092-15 MURPHY , HOWARD TRUST 216-121-01 NELSON, GREGORY &. BARBARA 215-080-04 NORTHWESTERN PACIFIC 255-023-01 NORTHWESTERN PACIFIC 255-023-02 OCEAN ELUFF PARTNERS 215-070-16 ODMARK THELAN DAVIDSON CO 214-170-17 ODMARK THELAN DAVIDSON CO 214-170-21 214-170-22 ODMARX TIIELAN DAVIDSON CO QDMAFUS THELAN DAVIDSON CO 216-150-03 ODMARX THELAN DAVIDSON CO 216-150-05 ODMARK THELAN DAVIDSON CO 216-150-16 OLIVENHAIN MWD 223-071-06 PALOMAR INVESTMENT 209-041-20 PALOMAR INVESTMENT 2 09-04 1-2 7 PALOUR TNVESTMENP 209-041-28 PARIWJXW WEST PARTNERSHIP 223-060-40 PILLSBURY, MARTHA 209-092-22 PORTER, MAXVIN & MARGRET 214-170-72 PRICE CO. 211-040-09 PRICE CO. 211-040-12 PROPERTY MORTGAGE CO 214-160-19 PROPERTY MORTGAGE CO 214-160-24 RDC DEVCO I1 LTD PARTNERSHIP 215-600-01 RDC DEVCO I1 LTD PARTNERSHIP 215-600-02 RDC DEVCO 11 LTD PARTNERSHIP 225-600-03 RDC DEVCO 11: LTD PARTNERSHIP 215-600-04 RDC DEVCO I1 LTD PARTNERSHIP 215-600-05 RDC DEVCO Ir LTD PARTNERSHIP 215-600-06 RDC DEVCO I1 LTD PARTNERSHIP 215-600-07 RDC DEVCO I1 LTD PARTNERSHIP 215-GOO-08 RDC DEVCO 11 LTD PARTNERSHIP 215-600-09 RDC DEVCO 11 LTD PARTNERSHIP 215-600-10 RDC VEK!O I1 LTD 1ARTNERSHIP 215-600-11 PRICE CO. 211-040-08 PAGE 14 ( . .- . I 1828 . 17 May 1991 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO, 1 EXHXBIT i'B" ASSESSQR 3 I5 OWNER'S NmE k ADDRESS PARCEL NO. RDC DEVCO Ir LTD PARTNERSHIP 215- 600-1'2 RDC DEVCO I1 LTD PARTNERSHIP 215-600-13 RDC DEVCO I1 LTD PARTNERSHIP 2 15-60 0-14 RDC DEVCO I1 L'PD PARTNERSHIP 215-600-17 RDc DEVCb x1 LPD PARTNERSHIP 215-600-18 RDC DEVCO If LTD PARTNERSHIP 215-600-19 RDC DEVCO rr LTD PARTNERSHIP 2 15-600-20 RDC DEVCO XI LTD PARTNERSHIP 215-600-21 RDC DEVCO 11 LTD PARTNERSHIP 2 15-60 0 -22 RDC DEVCO TI LTD PARTNERSHIP 215-601-01 RDC DEVCO I1 LTD PARTNERSHIP 215-601-02 RDC DEVCO IT LTD PARTNERSHIP 2 15-601-03 RDC DEVCO I1 LTD PARTNERSHIP 215-601-04 RDC DEVCO 11: LTD PARTNERSHIP 215-601-05 RDC DEVCO I1 LTD PARTNERSHIP 215-601-06 RDC DEVCO I1 LTD PARTNERSHIP 215-601-07 RDC DEVCO 11 LTD PARTNERSHIP 215-601-08 RDC DEVCO I1 LTD PARTNERSHIP 215-601-09 RDC DEVCO 11 LTD PARTNERSHIP 215-601-10 RDC DEVCO 11 LTD PARTNERSHIP 215-601-11 RDC DEVCO I1 LTD PARTNERSHIP 215-601-12 RDC DBVCC, ?XC LTD PARTNERSHIP 225-601-25 RDC DEVCO 11 LTD PARTNERSHIP 215-601-26 RDC DEVCO I1 LTD PARTNERSHIP 215-601-27 RDC DEVCO 11 LTD PARTNERSHIP 2 15-601-28 RDC DEVCO IT LTD PARTNERSHIP 215-601-29 RDC DEVCO I1 LTD PARTNERSHIP 215-601-30 RDC DEVCO I1 LTD PARTNERSHIP 215-601-31 RDC DEVCO I1 LTD PARTNERSHIP 215-601-32 RDC DEVCO I1 LTD PARTNERSHIP 215-601-33 ROC DEVCO II LTD PARTNERSHIP 215-601-34 RDC DEVCO I1 LTD PARTNERSHIP 215-601-47 RDC OEQCQ I1 LTD PARTNERSHIP 215-602-01 215-602-02 RDC DEVCO I1 LTD PARTNERSHIP RDC DEVCO I1 LTD PARTNERSHIP 215-602-03 RDC DEVCO I1 LTD PARTNERSHIP 215-602-04 RDC DEVCO I1 LTD PARTNERSHIP 215-602-05 BDC DEVCO If LTD PARTNERSHIP 215-602-06 RDC DEVCO rI LTD PARTNERSHIP 215-602-07 RDC DEVCO IX LTD PARTNERSHIP 215-602-08 RDC DEVCO I1 LTD PARTNERSHIP 215-602-09 RDC DEVCO I1 LTD PARTNERSHIP 215-602-10 RDC DEVCO rI LTD PARTNERSHIP 215-602-11 RDC DEVCO I1 LTD PARTNERSHIP 215-602-12 RDC DEVCO 11 LTD PARTNERSHIP 215-602-13 ROC DEVCO I1 LTD PARTNERSHIP 215-602-14 RDC DEVCO If LTD PARTNERSHIP 215-602-15 RDC DEVCO I1 LTD PARTNERSRIP 2 l5-GO2-16 RDC DEVCO I1 LTD PARTNERSHIP 215-602-17 RDC DEVCO I1 LTD PARTNERSHIP 215-602-18 RDC DEVCO IX LTD PARTNERSHIP 215-602-19 RDC DEVCO I1 LTD PAF3"ERSHIP 215-602-20 --------------------______II_______ ..--------- RDC DEVCO SI LTD PARTNERSHIP 215-601-24 PAGE 15 (6 [< ., . ,._ 1829 COMMUNITY FACILITIES DISTRICT NO. 1 .. 17 May 1991 CITY OF CARLSBAD * EXHI BIT ll Bll ASSESSOR'S OWNER'S NAME & ADDRESS PARCEL NO. --------------------------------"~- -..-----"-- RDC DEVCO I1 LTD PARTNERSHIP 215-602-2 I 215-602 -22 RDC DEVCO I1 LTD PARTNERSHIP RDC DEVCO I1 LTD PARTNERSHIP 215-602-23 RDC DEVCO II LTD PARTNERSHIP 2 15-60 2-2 4 RDC DEVCO I1 LTD PARTNERSHIP 2 15-60 2-2 5 215-602-26 RDC DEVCO I1 LTD PARTNERSHIP RDC DEVCO I1 LTD PARTNERSHIP 215-602-34 RDC DEVCO I1 LTD PARTNERSHIP 2 15- 602-3 5 RDC DEVCO I1 LTD PARTNERSHZP 215-602-3 6 RDC DEVCO I1 LTD PARTNERSHIP 215-602-37 RDC DEVCO I1 LTD PARTNERSHIP 2 15-602-3 8 RDC DEVCO 11 LTD PARTNERSHIP 215-602-39 2 15-602-4 0 RDC DEVCO I1 LTD PARTNERSHIP 215-602-41 215-602-42 RDC DEVCO I1 LTD PARTNERSHIP RDC DEVCO 11 LCD PARTNERSHIP 215-602-43 RDC DEVCO 11 LTD PARTNERSHIP 215-602-47 REGENTS OF THE UNIVERSITY OF CAL 169-230-03 REGENTS OF THE UNIVERSITY OF CAL 169-230-04 REGENTS OF THE UNIVERSITY OF CAL 169-230-05 REGENTS OF THE UNIVERSITY OF CAL 169-230-07 REGENTS OF THE UNIVERSITY OF CAL 169-230-12 REGENTS OF THE UNIVERSITY OF CAL 169-230-18 REGENTS OF THE UNIVERSITY OF CAL 169-230-23 REGENTS OF THE UNIVERSITY OF CAL 169-230-28 REGENTS OF THE UNIVERSITY OF CAL 169-230-29 RICE ENTERPRISES 264-010-07 RICE ENTERPRISES 264-010-09 ROBERTSON, BRIAN X 168-040-03 ROBERTSON, VIRGINIA K 168-050-17 208-010-3 2 ROBERTSON, VfXCINIA R HOESCH, RONALD L. 215-070-15 RUDVALIS, JOSEPH A. 215-070-04 SZU4MT.S CARLSBAD ASSOC 214-010-09 SAMMIS CARLSBAD ASSOC 214-031-03 SAMMIS CARLSBAD ASSOC 2 14 -03 1-0 9 214 -03 1-10 SAMMTS CARISBAD ASSOC SAMMIS CARLSBAD ASSOC 214-031-11 SAMMIS CARLSBAD ASSOC 214-031-12 SAMMIS CARLSBAD ASSOC 214-033-01 SAMMIS CARLSBAD ASSOC 214-034-01 SAMMXS CARLSBAD ASSOC 214-035-01 SAMEiIS CARLSE3AD ASSOC 214-03 6-01 SAMMIS CARLSBAD ASSOC 214-051-01 SAMMIS CARLSBAD ASSOC 214-052-01 SAMMIS CARLSBAD ASSOC 214-053-02 RDC DEVCO I1 LTD PARTNERSHIP PAGE 16 ( I 'a . __ .* 1830 I .I '17 May 1991 CITY OF CARLSBAD COMbfuNITY FACILITIES DTSTRICT NO. 1 EXHIBIT rlB'l ASSESSOR'S PARCEL NO. -_--------------------------------- ---I------ SAMMIS CARLSBAD ASSOC 214-054 -04 SAMMIS CARLSBAD ASSOC 214-061-21 214-062-21 214-063-21 SAMMIS CARLSBAD ASSOC SAMMIS CARLSBAD ASSOC 214-065-01 SAMMIS PROPERTIES 216-140-25 SAMMIS PROPERTIES 2 16-14 0-32 SAN DIEGUITO HSD 223-322-03 SAN DIEGUITO HSD 223-322-04 SAN MAFXOS CWD 223-071-10 SANDLIN, DOROTHY 209-060-55 SARKARlA, DAIJIT 215-070-12 SCHINDLER, THURL0 215-070-13 SCHREIBER, DALE 216-010-01 SCHREIBER, DALE 2 16-010-02 SCHREIBER, DALE 216-010-03 216-010-04 SCHREIBER, DALE SCHRETBER, DALE 216-010-05 OWNER'S NAME br ADDRESS SAMMLS CARLSBAD ASSOC! SAMMIS CJWkXW ASSQC 214464-01 S DGE 209-050-28 SEAFOINTE TROFZSSfO?? 214-010-01 SEA BLUFF ASSOCIATES 216-140-30 SHELLEY, DANIEL T 223-061-01 SHELLEY, DANIEL T 223-061-02 SHELLEY, DANIEL T 255-040-19 SHELLEY, DANIEL T 2 64-0 10-11 SHERMAN, JOSEPH 2 14 -14 0-13 SIPPEL MARVIN ET AL 212-050-35 STANTON, MARIE L 214-022-03 STATE OF CALIFORNIA 210-100-03 STATE OF CALIFORNIA 210-100-04 STATE OF CALIFORNIA 211-030-29 STATE OF CALIFORNIA 2 14 -150- 19 STATE OF CALIFORNIA 216-030-05 STATE OF CALIFORNIA 216-030-34 STATE OF CALIFORNXA 2 16 -04 1-2 3 STATE OF CALIFORNIA 216-041-25 STATE OF CALIFORNIA 216-042-07 PAGE 17 . .. .;a. . _._. * 1831 I . '17 May 1991 CITY OF CARLSBAD * COMMUNITY FACILITIES DISTRICT NO. 1 ONNER'S NAME 6 ADDRESS EXHIBIT liB't ASSESSOR'S PARCEL NO. -----------------------"----------- --_-----_- STATE OF CALIFORNIA 216-140-08 STATE OF CALIFORNIA 2 16-14 0-22 STATE OF CALIFORNIA 216-140-23 STATE OF CALIFORNIA 216-150-14 STATE OF CALIFORNIA 216-150-15 STATE OF CALIFORNIA 214-150-17 STEINDORF, ALBERT 0 & SONDRA G 212-050-36 STEINDORF, ALBERT 0 & SONDRA G 2 12-050-3 7 STEINDORF, ALBERT 0 & SONDRA G 212-050-38 STEINDORF, ALBERT 0 & SONDRA G 2 12-05 0-3 9 SUGINO, MASADA & IKUK 215-040-09 SUGINO, MASADA & IKUK 215-04 0-11 SUNBELT PLANNlNG CO 214-140-07 SUNNY CREEK I PARTNERSHIP 209-090-11 SUNNY CREEK 13: PARTHERSHIP 209-060-59 SUNNY CREEK 11: PARTNERSHIP 2 09-090-02 SUNNS CREEK 11 PARTNERSHIP 209-090-03 SUNNY CREEK I1 PARTNERSHIP 2 09-09 0-04 209-090-06 SUNNY CREEK I1 PARTNERSHIP SUNNY CREEK I1 PARTNERSHIF 2 09-090-07 SUNNY CREEK If PARTNERSHIP 209-090-08 SUNNY CREEK I1 PARTNERSHIP 209-090-09 SUNNY CREEK Ir PARTNERSHIP 2 09-090-10 TABATA, AKIRA & JOYCE 215-040-04 SUNNY CREEK I1 PARTNERSHIP 209-090-01 209-090-05 SUNNY CREEK I1 PARTNERSHIP TABATA, NOBORU & EVELYN al4-17n-66 TABATA, NOBORU & EVELYN 2 15-080-2 1 TABATA, NOBORU ET AL 212-050-33 TABATA, NOBORU ET AL 2 14-140-44 TARTAGLIA , PATRICIA 214-022-25 THERRIEN, CHARLES J 216-110-32 THOMPSON, DAVID SI KAREN 214-170-09 THOMPSON, DAVID B 214-170-47 THOMPSON , HAROLD 2 14 - 17 0 -3 6 TREETOPS UNLIMITED 167-554-01 TREETOPS UNLIMITED 167-55442 TREETOPS UNLIMITED THOPIPSON, DAVID & KAREN 2 14-170-05 167-554-03 PAGE 18 F k 6 . : - .,. ... .. . .. <> . T I 1832 .. 917 May 1991 CITY OF CARLSBAD EXHIBIT 'lBtr I C("TITY FACILITIES DISTRICT NO, 1 ASSESSOR'S PARCEL NO. -------------------------I_" -----I- __---__--- UNiON OIL CO OF CALIFORNIA 223-060-28 UPLAND INDUSTRIES 212-020-25 UPLAND INDUSTRIES 212-020-37 UPLAND INDUSTRIES 212-020-38 UPLAND INDUSTRIES 212-020-39 UPLAND INDUSTRIES 212-070-01 UPLAND INDUSTRIES 212-07 0-12 UPLAND INDUSTRIES 212-070-13 UPIlrAND INDUSTRIES 212-070-15 UPLAND INDUSTRIES 212-070-17 UPLAND INDUSTRIES 2 12-070-22 UPLAND INDUSTRIES 2 3.2 -070-23 UPLAND INDUSTRIES 212-070-24 212-120-03 UPLAND INDUSTRIES 212-120-04 212-120-05 UPLAND INDUSTRIES UPLAND INDUSTRIES 212-120-07 UPLAND INDUSTRIES 212-120-08 UPLAND INDUSTRIES 212-120-09 OWNER'S NAME & ADDRESS UPLAND INDUSTRIES 212-12 0-01 UPLAND INDUSTRIES 2 12-120-02 UPLAND INDUSTRIES UPLAND INDUSTRIES 212-120-10 UPLAND INDUSTRIES 212-120-11 UPLAND INDUSTRIES 212-120-12 UPLAND INDUSTRIES 212-120-13 UPLAND INDUSTRIES 2 12-120-14 232-120-16 UPLAND INDUSTRIES UPLAND INDUSTRIES 212-120-17 UPLAND INDUSTRIES 212-120-18 UPLAND INDUSTRIES 212-120-20 UPLAND INDUSTRIES 212-120-21 UPLAND INDUSTRIES 212-120-22 UPLAND INDUSTRIES 212-120-24 UPLAND INDUSTRIES 212-120-23 UPLAND INDUSTRIES 2 12-120-25 UPLAND INDUSTRIES 212-120-26 UPLAND INDUSTRIES 212-120-27 UPLAND INDUSTRIES 212-120-28 UPLAND INDUSTRIES 212-120-29 UPLAND INDUSTRIES 212-120-30 VISTA SANTA FE 255-031-22 2 5 5-03 1-2 3 VISTA SANTA FE WARD, GUY 214-021-10 WARD, GUY 214-022-21 2 14-022-23 WARD, GUY WARD, GUY 214-022-24 2 14-170-4 6 WEIDNER, EVELYN ET AL WEISS MYLAS & FRANCINE X 214-150-08 PAGE 19 'I 1833 \... '17 May 1991 CITY OF CARLSBAD EXHIBIT' "Brl * CONMUUX" FACILITIES DISTRICT NO. 1 ASSESSOR'S PARCEL NO. -------I--------------------------- ---1..---1- WESTERN LAND br DEVELO?MENT 168-050-2 3 WESTERN LAND & DEVELOPMENT 2 09-060-03 WErSTZRN LAND B DEVELOPMENT 209-060-06 OWNER'S NAME & ADDRESS WIEGAND PROPERTIES PARTNERSHIP 2 55-04 0-17 WIMPEY GEORGE INC 212-050-22 WIMPEY GEORGE INC 212-050-29 212-050-30 WIMPEY GEORGE INC WIMP'EY GEORGE INC 212-056-34 WOOD, JAMES F P LINDA L 2 14-02 2-02 2 09-04 0-2 3 WRISLEY, RALPH & HOPE YAMAMOTO, YUJIRO & YAMA 215-040-05 YMCA OF SAN DIEGO 212-050-40 PAGE 20 i \ OFFICIAL XCOW SAY DIKO ClNiY kECfflLER'5 OFFICE CITY OF CARLSEAD 1 RF: 11.00 fEES: 1200 Elm Avenue Carlsbad, California 92008 ) ANETIE EVMS, COUNTY RECUDES s Parcel No. 212 -041-06. 07. 08. 09. 10 b AGREEMENT TO PAY DRAINAGE FEES AS REQUIRED BY THE FACXLZTIES ZPINAGEWENT RUN FOR ZOXJ3 5 G~W!l!H MANAGrnNT PROGRMI AND THE AMPTID ILICAL PE 2-91-27, CT 85-17 . h , 19% by and between Huntington Beach Company a California corporation, hereinafter referred to as i'DevelQpern whose address is 18300 Van Xarman, Suite 850, Imine, CA 92715 and THE CITY OF CARISBAD, a municipal corporation of the State of California, hereinafter referred to as Wity" whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETK: WHEREAS, Developer is the owner of the real property described on Exhibit %I1:, attached hereto and made a part of this agreement, herdnaftar referred +a as "Property": and I WHEREAS, The Property lies within the boundaries of the City; and WHEREAS, Developer proposes a development project as follows: industrial business park composed of 26 lots on said Property, which Devekopment carries the proposed name of College Business Park CT 85-17 and is hereinafter referred to as nDevelopmentw; and WHEREAS, Developer filed on the 15th day of Hay, 1985, with AGREEIIEKTS AC-9.fm 1 IN, amw ( I the City as a request for tentative tract ma?kreinafter referred to a5 "Request"; and i WHJ3REAs, On September 17, 1990 Developer entered into an agreement with the City to pay Fublic Facilities fees of 3.5 percent of the building permit valuation. A copy of the agreement is on file with the City Clerk ahd is incorporated by this reference. WHEREAS, Developer and City recognize the correctness of the Local Facilities Management Plan for Zone 5, on file with the City Clerk and incorporated by the reference, and that the City's drainage facilities may be at: Or neat capacity in the drainage sub-banin where this development is located, and nay not be available to accommodate tha additional drainage demands on such facilities and services resulting from the proposed hvelopment ; and wHp;Tws, said plan €or Zone 5 requires that all public facilities, including drainage, necessary to serve a development will be available in conforaance with the City's adopted perfomance standard (said Zone Plan is on' file with the City Clerk and is incorporated by thio refneenca) : and WHEREAS, Developer ha. aalred the City to find that drainage facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance ta pay for such services and facilltfes: and thherefare, Mveloper proposes to satisfy the local F'aGiUti@S Hanagement Plan for Zona 5 by the paymen% of drainaye fee. HOW, THEREFORZ, in consideration of the recitals and the AUEOYYTS AC-9.f ra 2 IN. 8/23/90 I covenants contained herein, the parties agree as follows: 1. 2. That the foregoing recitals are true and correct. The Developer shall pay to the City a drainage fee as required by the Local Facilities Management Plan for Zone 5 as may be detailed in said plan and fncorporated by reference and as determined through the revised Master Drainage Plan necessary to provide drainage facilities in conformance with the City's Growth Management perfomance standard. This drainage fee shall be in addition to any feas, dedications or improvements required pursuant to Titles 18, 23 and 21 of the Carlsbad Municipal Code. 3. This agreement ana the drainage fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan, the Growth Management Program and the Local Facflities Management Plan for Zone 5. If the fee is not paid as provided herein, the City will not: have the funds to provide drainage facilities and services, and the Development will not be consistent with the General Plan, the Growth Management Program or the Local Facilities Management Plan for Zone 5 and any approval or pdt for the Development shall be void. No building or other cowtructicm permit or entitlement for use shall be issued until tha drainage facilities fee is paid or this agreement is executed. e. That Developer agrees to pay the drainage fees identified by the City Council as necessary to pay for the cost of providing the drainage improvements or facilities which are required by the Growth Management Progrem and the revised Master Drainage Plan, or any other provision of Chapter 21.90 of the Carlsbad Municipal Code, or any other provision of law. Payment shall be due 30 days from the date the drainage fee is ( KREEWNfS M+%fm 3 REV. 8/23/90 7-p -~ 1 established. Developer hereby waives his right to challenge said drainage Eees. Developer further waives any rights to pay the drainage fees referred to herein under protest and that any protest shall immediately subject the project to the provisions of section 21.90 of the Carlsbad Municipal Code, or any provision of law. 5* Developer agrees to construct, or participate in financing the COnStrUCtiOn of public facilities and improvement identified in the citywide facilities and improvements plan or the Local Facilities Management Plan to the extent that those facilities ox fmprovements are allocated to Developer's property or project and are not financed by the fees referencad hereto. 6. City agrees ta deposit the drainage Pe%s paid pursuant to this agreement in a drainage fund for the financing of drainage facilities as needed h the City of Carlrbad when the City council deternines the need exists to provide the facilities and sufficient funds fro= the paynent of thia and eimflar fees are available, 7, subject to paragraphs 3 and 4, the City agrees to issue 1 building and other development parmfts pursuant to the provisions of the Carlsbad Municipal Cod. Title 18, 20, and 21 to the extent such permit comply with applicable provisions of law. 8. In the event that the payrnent required by this agreement is not made when due the City may pursue any remedy, legal or equitable (including those specifically referred to herein) , against the Developer and the Deve~oper*s 8ucc8ssorsI heirs, assigns and transferees, Without naiv.ving its rights under I additional time to pay the druinaga fa%. WLIIEYIS A0-9.fn 4 IN. Y23I93 ( 's) i 9. In addition to the other remedies available to the city, it is hereby agreed that if Developer does not pay the drainage fees specified by this agreement the City may revoke the building permit for the project or may deny or revox@ a CeXkificake of Occupancy for the project or both upon 15 days written notice to Developer of the revocation or denial. 10. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such part, Any such notice ehall not be effective for any purpose whatsoever unless served in one of the following manners: lQ.1. If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at: #la address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the city Xanager, postage und prepared and certified. 10.2. If notice is given to Doveloper by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclomed in a sealed mvelope, addressed to Developer at the addrers a8 indicated in this agreement or at another place as designated to the City by ahe Developer in writing, postage prepaid and certified. 11. The City shall not, nor shall any officer, ezployee of the city, be liable or responsible for any loss or damage happening or occurring to Developer's building for the exercise of any of the remedies provided to the city pursuant to this agreement, regardicss of the nature of the loss or damage, ' 12. This agreement and the covenants contained herein shall lUEE?lEHlt AG-9.fm 5 IN. 8/23/90 ( I 1 I be binding upon and enure to the benefit of the successors, heirs, assigns and transferees of Developer ana shall run with the real property and create an equitable servitude upon tha real property. 13. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agrement have bean satisfied and appropriate fee paid to record a release, City 8hall record the release. 14. The prevailing paxty in any dispute Between the parties shall be the right to recover from the non-prevailing party all costs and attorney's fees expanded in the course of such dispute. 15. Except as otherwise provided herein, all. notices required or provided for under this agreement shall be in writing and shall be delivered in person or servad by certified mail postage prepaid. Delivery of notice to Developer shall be presumed to have been made on the date of Bailing regardless of /// /// /// /// /// /// /// /// /// /// /// /// /// AGIEUTWIE fO.9.fm 6 REV. amm ( shall be addressed as €ollous: Lawrence M. Netherton, Vice President Huntington Beach Company 18300 von Kaxman, Suite 850 Imine, CA 92715 Executed by Developer this ~~kd?&y of &?fl,.&/P? I (print name hare) Assistant Secret= (title and organization of signatory) (President or vice-president aad secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant: secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: VINCENT F. BIQNW, JR. AMEEWlt AC.9.fm fi k n I I EX H 1 BI T “A“ -II THAT PORTION OF LOT G OF RANCHO AGUA HEDIONDA, IN THE ClTy OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON THE PARTITION MAP THEREOF NO- 823, FILED IN THE OFFICE OF WE COUNTY RECORDER OF SAD SAN DIEGO, COUNTY, NOVEMBER 16,1896, BEING A WRTION OFTHATCERTAN PARCEL SHOWNAND DESlGNA7EDAS’DESCRIPTION NO. 3,78.07 ACRES ON RECORD OF SURVN MAP NO. 5715 FLED DECEMBER 19, I960 IN ME OFFICE OFTHE COUNTY RECORDER OF SAID COUNM, LYING NORTHERLY OFTHE CENTER LINE OF COUNTY ROAD SURVEY NO. 1534 AS SHOWN ON SAD RECORD OF SURVEY MAP NO. 5715 (NOW KNOWN AS PALOMAR AIRPORT ROAD), AND PARCELS 1 THROUGH 4 OF PARCEL MAP NO. 6331, FLED SEPTEMBER 8,1977 AS FILE NO. 77-369645 OF OFflClAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY. LEROY C. BODAS R.C.E. 22312 pa %*Cf{*;t9 , cf m7 / ( \i 7 I. P 1 $1 DOC # 1991-0616316 ~7-~uu-i99i 02: 44 prr - RECORDING REQUESTED BY AND 1 WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Carlsbad Village Drive 1 Carlsba d. California 92008 Space abov RHHETIE EVflHSs CWIY RECflRDEP Parcel No. 212 -- 041 06, 07. 08, 09. 10 & 11 HOLD HARXLESS AGREEMENT DRAINAGE CT 85-17 In consideration of the City's approval of a drainage plan (Plan No. 323-SA) and improvement plans (Plans No. 323-5) for development to occur on proparty describwl as see attached Bxhibit UAY (APN 212-041-06, 07, 08, 09, 16 & 11, we &m+Angton Beach Company, A California Corporation the ow~ers of said property promise to indemnify and to hold the City of carlsbad and any of its agencies or employees harmless from liability for injuries to persons, or damage to or taking of property, directly ox indiractly caused by the diversion of water., the alteration of the normal flow of surface waters or alrainage, or the concentration of aurface waters or drainage from the drainage system or other improverents identified in the approved plans; or by the design, construction or maintenanca of the drainage system or other improvement^ identified in the approved plans. Approval of the plans by the City shall not constitute an assumption by the City of any responsibility for such damage or taking. City shall not be an insurer or surety for the design or construction of the improvements pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. Agr*uent8/AE-lC.fRn REV. 5121/#) cI *' It is further agreed that the above owners will maintain a21 drainage systems to insure a free flow to a satisfactory point of discharge unlese anid systems are accepted a8 public Facilitierr, It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. instrument this +r$c€ay o IN WITNESS WHEREOF, the. unde B executed this APPROVED AS To FORH: 1 VINCENT P. BIONW, JR. City Attorney Deputy Ciky Akkorney I 1 higr.)mts/AP-14.T#l REV. 5/21/90 . _,, r .I _. Ju!& ,~ - , <-t&&J&,M.'- -3.W.,%d :'a do I P a County of Oranst JWl tt\e Undslllgnd NOtw Public, pSrMMlly wp4Ud lsutencc H. Ncthettan B pnortally known lo me ff\ lObft~hO~MO&WhaOXOCUtd the witbin Inrtrummlas Vice President personanyappeared t31i c).aeC P. IY~YCR D AHOflNEY-IN-FACT NIuE6)oFsIGNMQ the same in hisfherftheir authorized capacity(ies), and that by his/her/thelr Wmss my hand and off& ai. , ,_ ~, ~ .. -. --- J I .- - .- , c -3 I * * 387 EXHl BIT "An THAT PORTION OF LOT 0 OF RANCHO AGUA HEDIONFIA, IN THE CITY OF CARLSEAD, COUNTY OF SAN OIEGO, STATE OF CALIFORNIA, AS SHOWN ON THE PARTITION MAP THEREOF NO. 823, FUD IN THE OFFICE OF THE COUNTY RECORDER OF SAlD SAN DIEGO, COUNTY, NOVEMBER 16,1896, BEING A PORTION OFTHATCERTAIN PARCEL SHOWNAND DESIGNATED AS'DESCRIPnON NO. 3,78.07 ACRES" ON RECORD OF SURVEY MAP NO. 5715 REO DECEMBER 19, I960 IN THE OFFICE OF THE COUNTY RECORDER OF SAlD COUNTY, LYING NORTHERLY OFTHE CENTER UNE OF COUNTY ROAD SURVEY NO. 1534 AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 5715 (NOW mOWN AS PALOMAR AIRPORT ROAD), AND PARCELS 1 THROUGH 4 OF PARCEL MAP NO. 6331, FILED SEPTEMSER 8,1977 AS FILE NO. 77-369645 OF OFFICIAL RECORDS IN THE OFFlCE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY. R.C.E. 22312 ( )r % A ;;[,..L .*I.. *. i;ca ;PbG -&., .-.e.- *..e *...,. I.. . 'tL.'.L. ~L~~L( * > ,r. .-: RECORDING REQUESTED BY AND Cit of Carlibad k: : ' 641 P.*&::i iJfi<, ;LO,:I ;'[;:F;i; WHEN RECORDED, MAIL TO. 12g0 Carlsbad Village Drive Carisbad, CA 92008 r 1: * 4% . .. 3; : ,, u'; Space above this line for Recorder's use Parcel No.212-041-06,07,08,09,10 and 11 INDEMNlTY AGREEMENT Palomar Airport Fli ht Path.RestriCted Zone CT 8517 Colgqe Business Park law. All nozices anddernands~hall be gEVeR by either personal deliuery br in whtmg by registered mail, postage prepaid, and teturn receipt requested Notices shall be considered given on theearlier of (a) receipt, If personally delrvered Bo an afftter of the addressee, or (b) Seven two (72) hours following deposit in the United States provided that if any parl gives notice of a change of name or address, notices to mail. Notices shall be ad 3 ressed 35 appears below for the Tespective partier, such party thereafter shal r begiven assperrfted in that notice 1 I I ‘I 648 HBCo: Huntington Beach Company 2120 Main Street, Suite 260 Huntington Beach CA 92648 Am: B. 1. Shally, Esq. *lie Carisbad ullage Drive Carlsbad. CA 92U08 Ann: City Manager CITY: Ci of Carbbad The terms, covenants and conditions herein contained shall be binding upon fN WITNESS WHEREOF, the paflies hereto have executed this Indemnity the successorsand assigns to the Premises. Agreement this - Jmayof $+(@,?&Q ,1991 HUNTINGTON BEACH CO PANY. CITY OF CARLSBAD, a munictpal a Caltfornia corp r on’ / corpor ti n of the State of California a in renya By:&i;e(c2,d;k-J 7/ p By:M.,A Vice President for City Manager By : pro d as to form w:,. City Attorney ( I . * I' 649 STATE OF CALI POW1 A COUNTY OF ORANGE )Re Oa Novrmtrw 15, !:?I, before me, Joscphine Royal. a Notary RrbIic for the Stote of California, duly carmfssioned and swm, personally appeared !mrrncr ?. Scrhrrton and 'Ilchnrl 5 !layer prsonatly &nom to me to he the persons who exerutcd the within instrument a8 Vlrr P!rsidr.nt and Awj stnbt %crrtor on behalf of named, ond scknovledged to ple that the corporation executed it. ---I.---,- -*A__y., Hunt inRtm Reacts +ymny ._ * the cbrparation therein 1; \ 1 ~rspamaSmm~~Tmr~ DOC # 195'1-0646V2 13-DEC-1991 12g20 PF1 223u CffItIAI RECRDS SI# DIEGO UXHTY ECORDER'S OFFICE AhHEJTE ws, cmTY KtEcoRDEh" RF: 73.00 FEES: 215.00 #: 141.00 1.00 nf: h617 PC- I/ 1 ) ) ) ) 1 1 ) ) ) ) 1 ) ) 1 ) Recordtng Requested By: City of brlrbad Plbnr .i:.g hpaflrntnl 2975 Las P-fmas Carkbad, CA 92009 And When Recorded Mati to: City of brls& Pfanning Department 2975 lar Palmar tsrlsbad, CA 92009 With a Copy to: Huntington Beach Company Attn.: Law Department 18300 Von Karmen, Suite 850 hinc, CA 92715 1 Space Above For Recorder's Use 1 31 I DECLARATION Off COVENANTS, CONDITIONS AND RESTRlCTlONS COLLEGE BUSINESS FOR PARK CITY OF CARLSBAD COUNTY OF SAN DIEGO STATE OF CALlFORNi.4 . 1. v ... ---------~uu~~.*~~;ua~~.-rw~~49u .. --- . . .~. - . .. 223i Table of Contents ARTICLE 1 1.1 0 'City" . . . . . . . . . . . . . . . . . . . . 1.18 "Drainage Easement Areas' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.19 "Final Map" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1.20 "Gross Floor Area" . . . . . ..................................... 6 1.22 -!iitlside Ordinance" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1.31 "Mortgagee" ................................................... 7 1.32 'Occupant" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1.33 "Open Space Lots" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1.34"Owner" ... . . . .. .. . ... . . . ... . . . . . .. . . . . .. . . . . . . .. .. .. . . . . . . . . . . 8 ............................... 8 ....___......__..... 8 1.40 "Preservation Easement' . . . . . . . . . . . . . . . . . . . . . . . ........... 9 .. ' , 22y,l 1.49 "Tract Map" ........................... .................... 10 10 2.1 Organization .................... ........................... 10 ARTICLE 2 . ... . .................. THE ASSOClATlON , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 2.2.1 Assessments ............... ..................... 2.2.4 Insurance ................................ 2.2.; Payment of Expenses .................... 2.3.1 Acquisition of Property .................. 2.3.2 Assessments, Liens ...................... 2.3.3 Borrowing ............................. 2.3.5 Delegation ........................ 2.3 Powers ....................................... 2.3.4 Contracts ......................... 2.3.6 Enforcement ............. .................... .................... 2.4 lnitial Board of Direct ......... ........ 13 ........ 14 ARTICLE 4 ARCHITECTURAL REVIEW COMMITTEE .......... ................... 4.1 Organization; Members ............... ................... 4.2 Terms of Office ....................... 4.3 Duties and Appeals ............................. ARTICLE 5 ............. 17 ............. 17 5.2.3 Preliminary Plan .......... 5.7Time for Approval or Disapproval 5.8 Submission of Plans to City or Government ........ ......... 24 ..................... 22Q ............. 26 ............. 26 .............. 26 ............. 27 ........ 28 6.1 3 Waste Disposal ........... *. ............. 7.2 Prohibited Uses .................. 7.3 Nuisances ............................... ........ 61 . . . ._. . . 62 .. .. . .. . 62 txHIBlT 'A' LOT CONFIGURATION, OPEN SPACE AREAS AND INITIAL COMMON AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 ' ,!, - 2234 ............... 50 ............. 51 .............. 54 13.1 Term of Declaration ...................... 14.3 Constructive Notice and Acceptance ............ ............ 61 2Z;jtj- OEClARATlON OF COVENANTS, CONDITIONS AND RESTRICTIONS COLLEGE BUSINESS PARK FOR THIS DECLARATION of COVENANTS, CONDITIONS, AND RESTRICTIONS FOR COLLEGE BUSINESS PARK ("Declaration") is made as ,of ,1991, by HUNTINGTW! PEACH COMPANY, a California corporation ("Declarant"), with reference to the following facts. EICNEZER 26 e RECITALS A. Declarant is the owner of real property ("Property") located in the City of Carlsbad, County of $an Diego, California, more particularly described as: Lots 1 through 26 of Carlsbad Tract No. 85-17, in the City of Carlsbad, County of San Dtego, State of California, according to Map No 12903 filed in the Office of the County Recorder of San Diego County on -r 13 ,IQ,. A copy of Map No. 12903 ("Fin21 Map") indicating the configuration of the Lots included in the Property is attached hereto as Exhibit "A." 6. Declarant intends to develop the Property as a business and industrial complex to be generally known as "College Business Park" ("Business Park'), and to sell, lease, or otherwise convey portuons of the Property to varlous individuals and entities for purposes compatlble with such development C. By this Declaration, Declarant intends to impose upon the Property mutually beneficial restrictions, in accordance wtth a general plan of improvement, in order to establish and provide a means of maintatning a high quality environment for the beneftt of Declarant and all future owners of the -- 22&? DECLARATION NOW, THEREFORE, Declarant hereby declares that the Property and each portion thereof is and shall be owned, conveyed, mortgaged, encumbered, leased, developed, improved, used and occupied subject to this Declaration and the limitations, covenants, conditions, restrictions, easements, Itens and charges set forth herein, ad of which are equitable servitudes and shall run with the title to the land and shall be &ding on and inure to the benefit of all parties oaving or acquiring any right, title or interest in the Property or any portion thereof and their respective heirs, successors and assigns. The purpose of this Declaration is to enhance and protect, and provide a means of controlling and maintaining, the value, desirability and attractiveness of the Property and every portion thereof, for the benefit of Declarant ind every owner, in accordance with a general plan of subdivision, development and improvement. ARTICLE 1 DEFINITIONS 1.1 'Architect" shall mean a person holding a certificate to practice architecture in the State of Californla under the authority of Division 3, Chapter 3 of the California Business & Professions Code or any successor legislation. I 1.2 "Architectural Review Committee" or "Committee" shall mean the Architectural Review Commrttee created pursuant to Article 4 1.3 *Articles" shall mean the Articles of Incorporation of the Association which are or shall be filed in the Office of the California Secretary of State, asamended and supplemented from time to time. 1.4 "Assessment" shall mean certain costs of the Association to be paid by the Owner of each Lot, as determined by the Board pursuant to Article 10. I. L @ *i 1.5 "Association" shall mean the College Business Park Owners Association, a California nonprofit mutual benefit corporation, its successors and assigns, established pursuant to these CC&Rs., College Business Park %, 1.6 "Board" or "Board of Directors" shall mean the Board of I DirectON of the Association, as the same may be constituted from time to time. 3 3 1.9 "Business Park" shall mean the Property described in Recital A, including all facilities and improvements located thereon, which shall constitute the real propcrtj subject to the Specific Plan. 1.8 "Bylaws" shall mean the Bylaws of the Association, as amended and supplemented from time to time 1.9 "CC&Rs" shall mean this Declaration of Covenants, Conditions end Restrictions for COLLEGE BUSINESS PARK, as the same may be amended from time to time. 1.10 "clty" shall mean the City of Carlsbad, California, a municipal corporation. 1.1 1 created pursuant to Article 4. 1.12 "Committee" shall mean the Architectural Review Committee "Common Areas" shall mean the Open Space Lots, the Parkway Areas, the Medians, the Drainage Easement Areas, the DesrttinglDetenrion Basins, other portion of the Property or off-site areas over which all Owners and/or the Association have rights or obligations of use, beneficial enjoyment or maintenance pursuant to the terms of this Declaration or the conditions of approval of the Final Map, the Specific Plan, or any other governmental approval affecting the Property The location of the initial Common Areas within the Property subject to this Declaration are identified on Exhibit "B." The Common Areas indicated on Exhlbit "B" may be modified from time to trme to change the location or configuration thereof or to reflect the requirements of the City or other governmental authorities by recordation of a Supplemental Declaration executed by Declarant and recorded in the Official Records of San Diego County, California. the Parcourse. landscaped areas, bus shelters, special paving treatments, and any 2239 1.13 "Common Expenses' 4all me3n the actual and estimated expenses of: ,(a) maintaining and operating the Association; (b) maintaining and operating the Common Areas and the Improvements located thereon, the Hillside Areas and any Improvements, facilities or services which are provided to all Owners, but the cost of which, in the reasonable judgment of Declarant, cannot reasonably be segregated for each Owner, (c) exercising the powers and performing the duties of the Assxiation and the Board under this Declaration and the other ProjeL, Documents; determined by the Board. and (d) maintaining any reasonabie reserves for such purposes as 7.14 "Conceptual Landscape Element" shall mean the landscape plans and criteria for the Business Park prepared by Declarant and approved by the City pursuant to the Specific Plan, as amended and supplemented from tlme to time. 1.15 'Declarant" shall mean Huntington Beach Company, a California corporation, and successors and assigns o! Huntington Beach Company or a successor Declarant if: (a) such successors and assigns hold or acquire record fee title to all or any portion of the property and (b) Huntington Beach Company or a successor Declarant executes and records a document which expressly names such party as a successor declarant and assigns the rights and duties of declarant hereunder. 1.16 "Declaration" shall mean this Declaration of Covenants, Conditions, Covenants and Restrictions for College Business Park , as amended or supplemented from time to time 1.17 "Desiltinq/Detention Basins" shall mean the desllting/detention basins constructed in connection with development of the Property within the Open Space Lots, the roads providing access between the Property and such basins, and any storm drainage facilities and erosion control landscaping installed in connection with such access roads. 1.18 'Drainaqe Easement Areas' shall mean all portions of the Property which are subject to drainage easements granted to the City or other governmental or utility entity or which are designated as 'drainage easement' on any subdivision map or parcel map recorded for all or any portion of the Property. College Business Park 224" The Drainage Easement Areas are located within areas designated as Common Areas on Exhibit "C.' 1.19 'Final Mao" shall mean the final subdivision map for College Business Park, filed in the Office of the Recorder of San Diego County, California, on , 1990, as Map No. , including all conditions of City approval thereof, as the same may be amended from ttme to time. Th, configuration of the Lots shown on the Final Map is deDicted on Exhibit "A" attached hereto. 1.20 "Gross Floor Area" shall mean, with respect to any Improvements on the Property, the gross floor area computed in accordance with the definition thereof set forth in the Carlsbad Municipal Code and utilized by the City to determine the gross floor area permitted under the Specific Plan, as amended from time to time. 1.21 "Hillside Areas" shall mean those designated areas of undeveloped slope within =me Lots. The location of the designated Hillside Areas Exhibit "E." The designated Hillside Areas within the Lots shall be maintained by the Association pursuant to this Declaration, the Hillside Ordinance, and the Specific Plaq; The Association shall have an easement over such areas as required by the Hillside Grdinance and as further described in Article 8. within the Property initially subject to this Declaration is generally depicted en 1.22 "Hillside Ordinance' shall mean the Hillside Development Guidelines, and the Hillside Development Regulations (Chapter 21 95) of the Carlsbad Municipal Code. 1.23 "Improvements" shall mean buildings, accessory structures, underground installations, slope and grade alterations, roads, curbs, driveways, gutters, parking areas, loading areas, sidewalks, utilities, fences, walls and barriers, stairs, decks, poles, signs, hedges, plantings, planted trees and shrubs, irrigation systems, storm drains, drainage facilities, and all other structures or landscaping improvements of any kind, whether above or below the land surface. College Business Park ... -. ~ . F- 1.24 'Lessee' shall mean the owner of a leasehold interest in all or a portion of the Business Park. 1.25 'Lot' shall mean each of Lots 1 through 26 of the Final Map. If any Lot is resubdivided or if a merger or lot line or boundary adjustment affecttng twc or more Lots is recorded, then each of the legal lots thus created shall be deemed to be a Lot. 1.26 'Maintenance and Operation Account' shall mean an account into which the Board shall deposit funds for matntenance and operation assessments, asdexribed in Section 10 13. 1.27 'Maximum Building Area' shall mean the maximum Gross Floor Area of permitted development allocated to the Property and to each Lot pursuant to the Specific Plan, and as specified in the Annexation of Declaration for each Lot, as modified from time to time by Declarant pursuant to Sectlon 6.4. The Maximum Building Area shall be established without regard to, and shall not be modlfted to conform to, the actual Gross Floor Area constructed on a Lot 1.28 "Medians' shall mean real property located within the rights-of- way of any public street, between paved portions of the street or within cul-de-sac areas, which have been or will be improved by Declarant for landscape purposes, including any irrigation systems or other appurtenances thereon. 1.29 'Member' shall mean every Owner who is a Member of the Association pursuant to Article 3. 1.30 "Mortgaqe' shall mean any duly recorded mortgage or deed of trust encumbering one or more Lots in the Business Park. 1.31 "Mortqaqee' shall mean a holder of a mortgage, lncludmg a beneficiary under a deed of trust. 1.32 "Occupant' shall mean any Penan who has the legal right tc occupy a portion of the Business Park and is not an Owner or Lessee. X -- -. za,, 1.33 ^Open Space Lots" shall mean the real property described as Lots 24, 25, and 26 of the Final Map, as shown on Exhibit "A;" It is anticipated that the Open Space Lots will be conveyed to the Association. 1.34 'Owner' shall mean the record owner, whether one or more Persons, of fee simple title to any Lot or Lots within the Property, including Declarant, but excluding those holding such an interest merely as security for the performance of an obligation. 1.35 *Parcourse* shall mean those areas depicted on Exhibit B, and more particularly described on Sheets L-2 and L-3 of the Irrigation and Landscape , 1991, which Plans for CT-85-17 approved by the City of Carlsbad on Parcourse shall be maintained as part of the Common Area by the Association pursuant to this Declaration and the Specific Plan, and the Association will have an easement over such area as described in Article 8. I 1.36 "Parkway Areas" shall mean (a) those areas within the rights-of- way of each public street through or adjacent to the Property which are located between the curb and the property lines of the adjacent Lots, and (b) those areas located within a ten foot width measured from the property line of the Lots adjacent to said rights-of-way of each public street through or adjacent to the Property. The location of the Parkway Areas within the Property initially subject to this Declaration is generally depicted on Exhibit "E.' The Parkway Areas within the public rights-of- way shall be maintained by the Association pursuant to the Speciflc Pian. The Parkway Areas located within the Lots shall also be maintained by the Association, and the Arrociathn shall have an easement over such areas as further described in Article 8. 1.37 'Person" shall mean a natural person, a corporation, a partnership, a trustee, or other legal entity. 1.38 'PM Zone" shall mean the "Planned Industrial" Zone designation applied to the Property, as defined in Chapter 21.34 of the Carlsbad Municipal Codc'thc Zoning Ordinance of the Clty, as amended and supplemented from time to time. - ~ - " - _.I . - ..----< . " ... .. P. .., c ~ - . . >e-.- . 1 2263 1.39 "PM Zone Requlations" shall mean the zoning regulations adopted by the City for property with the PM Zone designation, as set forth in the City'stoning Ordinance, as amended and supplemented from time to ttme. 140 "Preservatim EasementY shall mean the preserved area of approximately 3 acres of coastal sage scrub located on Lot 2. 1.41 'Project Documents" shall mean this Declaration, the Exhibits attached hereto, the Articles and Bylaws, and the Rules and Regulations, all as amended or supplemented from time to ttme. 1.42 "Property" shall mean the entire parcel of real property legally described in Recital A, including all facllities and Improvements located thereon, which is hereby subjected to this Declaration. 1.43 "Record" shall mean, with respect to any document, the filing and recordation of said document In the Office of the County Recorder of the County of San Diego, California. 1.44 "Reserve Account" shall mean an account into whlch the Board shall deposit funds for contingencies, repatrs and replacements, as descrtbed in Section 10.13. 1.45 'Rules and Regulations" shall mean those Rules and Regutattons prepared by Declarant to regulate the use operation, management use and maintenance of the Property, as further described in Section 7.8, as such Rules and Regulations may be amended or supplemented by the Board. 1.46 "Sianaae Manual' shall mean the manual prepared by Declarant setting forth the standards for permissible stgns in the Business Park, as approved by all applicable governmental authorities. 0 1.47 'Specific Plan" shall mean Specific Plan No. 199, approved for the Property inctudhg the Business Park, by the Planning Commission of the City of Cerlsbad on October 1, 1986 and the conditions of City approval thereof, as amended and supplemented from time to time. .* 1 -- - I 1,48 "Street Setback Area" shalt mean the setback area on each Lot adjacent to public streets, as required under the terms of the Specific Plan and the underlying zoning. 2 :: 1.49 "Tract Map' shall mean Carlsbad Tract No 85-17, approved by the City, which covers the Property and other real property adjacent thereto, as shown on Ex;;;Ltt "E" attached hereto. t- fi ARTICLE 2 THE ASSOCIATION 2.1 Orqanization. The Association is a California nonprofit mutual benefit corporation, charged with the duties and empowered with the rights set forth herein, in the Bylaws and in the Articles 2.2 Duties The Association shall be charged with the duties set forth in the Arlicles, the Bylaws and this Declaration, including, but not limited to, the 2.2.1 Assessments. The Association shall fix, levy, collect and enforce Assessments as further described in Article 10 2 2.2 Common Areas The Association shall maintain, repair, replace, restore, operate, control and manage the Common Areas and all facilities, Improvements and equipment located thereon, as further described in Article 9, except to the extenlsuch maintenance has been assumed by a governmental agency or public or private utility. and except as otherwise set forth herein - 2.2.3 Discharse of Liens. The Association shall discharge by payment, if necessary, any lien against the Common Areas or any portion thereof, and, if placed thereon as a result of the action of an Owner or Owners, assess the cost thereof as a Reimbursement Assessment (as defined in Section 10.8) to the Owner or Owners responsible therefor, provided, however, such Owner or Owners shall be given notice at least fifteen (15) days prior to any proposed discharge by the College Business Park 22t6 Association and the reasons therefor, and the opportunity to be heard by the Association, either orally or in writing, at least five (5) days before the proposed discharge and before a decision to discharge is made. 7.2.4 Insurance. The Association shall maintain such policy or policies of insurance as it deems necessary, to the extent available at a reasonable cost, including, but not limited to: (a)all risk insurance covering all or any appropriate portion of the Common Areas, (b) comprehensive general public !!ability insuraxe in the amount of at least $3,000,000 (Th~cr ivliilion Dollar,) per occurrence, insuring Declarant, the Association, the Board, the Committee and the Owners against all liability arising out of the ownership, use and maintenance of the Common Areas; (c) worker's compensation insurance, as required by law; (d) directors' and officers' errors and omissions polictes, in form and amount determined by the Board; and (e) insurance against any other risk which the Board considers appropriate. 2.2.5 Payment of Expenses The Association shall pay all expenses and obligations incurred by the Association in the conduct of its business, including, without limitation, all licenses, taxes or governmental charges levied or imposed against the property of the Assoctation. 2.3 Powers. The Association shall have the following powers, rights and duties, in addition to those provided elsewhere in this Declaration, the Articles - and the Bylaws:, 2.3.1 Acciuisition of Property. The Association shall have the power to acquire (by gift, purchase or otherwise), own, hold, improve, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association. 2.3.2 &<sments. Liens. The Association shall have the power to levy and collect assessments pursuant to Article 10 and to perfect and enforce liens in accordance with the provisions of Article 12. 2.3.3 Borrowinq. The Association shall have the power to borrow funds to pay costs of operation, secured by assessment revenues due for 2?4t. succeeding years or by assignment or pledge of rights against delinquent Owners; provided, however, that the vote of Owner: holding a majority of the total voting power of the Ownersshall be required to borrow, during any catendaryear, in excess of Ten Thousand Dollars ($10,000) multiplied by the number of Lots included in the Property from time to time (excluding Open Space Lots). Such borrowing may be from Declarant if Declarant agrees to advance funds; and, in such event, Declarant shall receive, as interest, no more than the published Bank of America Reference Rate plus one percent (1%) as interest. 2.3.4 Contracts. The Association shall have the power to contract for goods and/or services for the Common Areas or for the performance of any power or duty of the Association, subject to limitations set forth elsewhere in this Declaration, the Articles or the Bylaws. The Association's power to contract shall include, but is not limited to, the right to enter into agreements with one or more other owners' associations for the purposes described in this Sectlon. 2.3.5 Deleqation. The Association shall have the power to delegate its authority and powers to committees, officers or employees of the Association. * 2.3.6 Enforcement. The Association shall have the authority to enforce this Declaration pursuant to Article 12. 2.3.7 ManaQer. The Association shall have the authority to employ a manager or other Person and to contract wrth independent contrartorr or managing agents to perform all or any portion of the duties and responstbrlrties of the Association, provided that any contract with a manager or managing agent shall not exceed a one (1) year term and may provide for the right of the Association to terminate the contract immediately for cause and otherwise on thirty (30) days' written notice. The Association may contr-ct with Declarant or an affiliate of Declarant. 2.3.8 Securitv Services. The Association shall have the power to provide, or to contract for the provision of, security patrols or other security measures, or both, as the Board deems necessary. +g;, 2.3.9 Variances. The Board, acting for the Association, shall have the power to grant reasonable variances from the provisions of this Declaration from time to time, as the Board may deem, in its sole discretion, to be in the best interests of the Business Park, in order to overcome practical dlfficulties and to prevent unnecessary hardship in the application of the provisions contained herein, provided, however, that: (a) each variance does not materially injure any of the Lots or Improvements in the Business Park; and (b) the Owner seeking the variance shall other.vi;e be subject to and conform with all applicable governmental laws, ordinance:, regulat;ons and requirements. No va:iance ymted pursuant to the authority granted herein shall constitute a waiver of any provision of this Declaration as applied to any person or real propefly. 2.4 Initial Board of Directors. The initial Board of Directors of,the Association shall consist of three (3) directorr appointed by Declarant upon the incorporation of the Association and shall hold office until the initial Board calls the first annual meeting of Members pursuant to Section 2.7. b 2.5 Subsequent Board of Directors At the first annual Teeting of Members, a new Board consisting of five (5) directors shall be elected, and such meeting, except as may be Otherwise provided by the Bylaws, the Members shall elect a Board consisting of five is) directors who shall serve until the next annual meeting. The Bylaws shall provide for staggered terms and lengths of terms for directors different from those initially set forth in this Declaration slid may provide for a greater or lesser number of directors than set forth herein; provided, however, in no event shall there be more than seven (7) directors or less than three (3) directors. The Board shall undertake all duties and responsibilities of the Association and the management and conduct of the affairs thereof, except as expressly reserved herein to a vote of the Members. Board shell serve until the next annual meeting, At each subsequent annual 2.6 Personal Liability No member of the Board, or of any committee of the Association, or any officer of the Association, or any manager, or Declarant or any agent of Declarant, shall be personally liable to any Owner, or to any other party. including the Associatlon, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence of any such Person. -- -=% %A> 2.7 Annual Membership Meetings The initial Board may call the first annual meeting of Members at any time, but in no event later than sixty (60) days after fifty-one percent (51 %) of the Lots initially s&ject to this Declaration are conveyed by Declarant to Owners other then Declarant Thereafter, :he Association shall hold an annual meeting of the Members in accordance with the Bylaws of the Associativr . ARTICLE 3 ASSOCIATION MEMBERSHIP AND VOTING RIGHTS 3.1 Membership. An Owner shall automatically, upon becoming the record Owner of a Lot, be a Member of the Association and shall remain a Member until such time as he ceases to be an Owner for any reason, at which time his membership in the Association shall automatically cease Such membership shall he appurtenant to and pass with the ownership of the Lot. Notwithstanding that membership in the Association shall be held by an Owner, this Declaration IS binding upon Lessees and Occupants. 1 3.2 Transfer of Membership. Membership in the Association shall not be transferred, pledged or alienated in any way, except upon cmveyance of a Lot to a aew Owner; provided, however, an Owner, upon giving written notice to the Association, may grant to a Lessee who leases an entire Lot, for a lease term in excess of five (5) years, a power coupled with an interest to act as the Owner's agent and proxy in all matters relating to the Association, which power and proxy shall automatically terminate when the Lessee's tenancy ends for any reason Any attempt to transfer a membership, except as provided in this Section, shall be void and shall not be reflected upon the Association's books and records If the Owner of any Lot fails to transfer the membership appurtenant thereto upon any transfer, whether voluntary or involuntary, of the Lot, the Association shall have the rtght to the name of the prior Owner shall be null and void, but any agency and proxy given to a Lessee under a power coupled with an interest shall remain in effect throughout the period of the lease term and the Lessee's occupancy. record the transfer upon its books and thereupon the memberrhlp outstanding In 3.3 Votinq. The Association shall have two (2) classes of voting membership: I (a) Each Owner, but excluding Declarant for so long as the Class B membership is in effect, shall be a Class A Member and shall have one (1) vote for each 100 square feet of Maximum Building Area (rounded off to the nearest 100 square feet) owned by such Owner. Ib) Declarant shall be the sole Class B Member and shall have (rounded off to the nearest 100 square feet) owned by Declarant. Declarant's Class B membership shall terminate twelve (12) years after the date of recordation of this Declaration, at which time Declarant, :f ten (10) votes for each 100 quare feet of Maxtmum Building Area ' The votes allocated to Class A members and attributable to each Lot included In the Property initially subject to this Declaration are set forth on Exhibit "D' attached hereto. Whenever a vote is provided for under the terms of this Declaration, it shall be made in accordance with the provisions of th;: %r::m 3.3 unless otherwise 'j ,,,- * L 4. . , . a,,. - 3.4 Joint Ownership. Where the record ownenhip of fee stmple title to a Lot is jointly held by more than one Person. all such Perons shall jointly con~itute one Member. The votes for such Lot shall be exercised as such Persons shall jointly determine among themselves, but in no event shall more votes be cast with respect to any Lot than the number of votes to which the Lot is entitled. The Associatian shall have no obligation to determine the voting rlghts among such Persons, and if such Persons cannot agree upon how their votes shall be cast, the Association shall have the right to disregard the votes for such Lot. . *>a 1 14 > -@ College Business Park B-2260 15 1 imsm \ -+Go 1 3.5 Administration and Compliance. Except as to matters requiring the affairs of the Business Park shall be administered by the Association, acting through ! t r approval of Members as set forth in this Declaration, the Bylaws or the Articles, the its Board, officers and agents in accordance with the provwons of this Declaration, the Bylaw, an4 the Articles. If the Bylaws are in any way inconsistent with this Declaration, the i this Declaration shall prevail and control Each Owner, Lessee, Occupant or guest of a Lot shall comply with the Project Documents, and failure to so comply shall cpnstitute a breach of this Declaration and shall subject the defaulting party to all enforcement procedures and remedies provided under the Project Documents or available at law or in equity. I i $ P < - ARTICLE 4 ARCHITECTURAL REVIEW COMMllTEE 4.1 Orsanization: Members. An Architectural Review Committee shall be established which shall consist of three (3) Persons appointed by the Board. The Board shall also appoint two (2) alternate members, either of whom may be designated by the Committee to ect as a substitute for any member of the member or alternate member of the Committee shall be vested solely in the Board. Any member of the Committee may resign from the Committee, at any time, upon written notice to the Board. The Board shall appoint a new member to ftil any vacancy. A majority of the Committee may designate a representative to act for it The Committee may hire and pay consultants, architects or others to review plans, specifications or other documents submitted pursuant to Article 5. Committee in the event of his unavailability or disability The right to remove any 4.2 Terms of Office. The term of all Commlttee members shall be one (1) year. Any new member appointed to replace a member who has resigned or been removed shall serve such member's unexpired term Members whose terms have expired may be reappointed 4.3 Duties and Appeals The Committee shall have the following (a) To consider and approve, conditionally approve or disapprove Preliminary Plans, Final Plans and other documents required to be submitted to the Committee pursuant to Article 5; ' (b) In reviewing plans, specifications and other documents sibmitted pursuant to Article 5, to apply and enforce the standards and restiictions set forth in this Declaration; and (c) To perform all other duties delegated to and imposed upon it by this Declaration or the Board. , -*-. . :,.:.- ,...-.. ,. REVIEW OF IMPROVEMENT PLANS 5.1 Purpose of Improvement Requlations. The purpose of the conditions, covenants and restrictions set forth in Articles 5 and 6 is: (a) to insure proper development and use of the Property and to enhance and protect its value, in accordance with a general plan for development of a compatible Business Park; (b) to encourage and preserve an efficient, attractive environment; (c) to ensure construction of Improvements of proper design and materials in conformance with the Specific Plan which enhance the economic or esthetic value of the Property; (d) to provide for srchitectui a1 compatibility and continuity for all buildings and landscaping; (e) to secure and maintain proper setbacks from streets and adequate open spaces between structures; and (f) in general, to provide and malntain a high quality of Improvements for the Property for the benefit of Declarant and a!l 5.2 Required Review of Plans. No Improvements (other than interior permitted to remain on any portion of the Property until Plans (as defined below) have been submitted to and approved in writing by the Committee. All required Plans shall be submitted to the Committee in writing, signed by the Owner or prospective Owner of the Lot. If an application is submitted by a Lessee or tenant improvements) shall kt erected, placed, altered, expanded, mintaiced or '- <2+ prospective Owner or Lessee, the Owner of the affected Lot shall execute the Planr indicating it$ approval thereof. Approval must first be obtained from the Committee before the Plans are submitted to the City of Carlsbad All drawings, designs, and materials must be accurate and complete. A plan review fee of $250.00 payable to the Association will be charged by the Committee for Plans prepared by a licensed architect. Plans shall be submitted to Declarant's office at 18300 VC~ Karman Avenue, Suite 850, Irvine, California 92715, or such other address as designated by Declarant in a writing delivered to each Owner at the address for such Owner as shewn an the beaks maintained by the Assae;at;an. The plan review fee may be modified by the Board to reflect changed circumstances, such as increased costs due to inflation. Plans shall be submitted as follows: 5.2.1 General Requirements. Two copies of each Submittal are required. One copy will be returned to the applicant with comments. Lot numbers must be included on all plans and other documents submitted for review. A tabulation of Gross Floor Area by use, site area. landscape areas, required parking, parking provided, and the percent of building coverage must be included on all plans submitted for review. 5.2.2 Master Plan. The submission of a site Master Plan ("Master Plan') shall be required only when ultimate site development occurs in stages The Master Plan shall be submitted and approved by the Committee before a Preliminary Plan issubmitted. The Master Plan shall include the following: (a) an illustration of the total building complex, including roof lines and applicable setback areas, (b) vehicular and pedestrian circulation, (c) employee and guest parking; (d) grading, drainage and utilities, (e) the design relationship to adjacent properties and College Bisiness Park . P, .. - Q$d (fl character and materials; and (9) a description and sketches indicating architectural a conceptual landscape plan, Including, but not limited to, landscaping and irrigation of any S’. :et Setback Areas 5.2.3 Preliminary Plan. Following approv& of a Master Plan by the Committee; if required, all applicants shall submit a preliminary plan (“Preliminary Plan”), which shall set forth and/or depict the following information: (a) trafftc circulation plan, tncludtng employee and guest parking layout; (b) working hours; projected number of employees and schedule of (c) setbacks; (d) building and roof lines; (e) mdicatlon of extstlng topography, (0 ftr,tshed grades, (9) (h) building elevations showrng materrals, (I) colorsand finishes; cj) (k) planting areas; :I) drainage and utility connections to existtng lines; height for all exterior design elements; location of a method of screening exterior storage 224- Q (m) loading dock; and ramps, transformers, storage tanks, mechanical equipment, antennas; (n) trash enclosures; (0) the total number of reqular compact and handicapped parking space parking lot; (p) cuts of fixtures; (9) walkway and security lighting including catalog a conceptual landscape plan, including, but not limited to, any Street Setback Areas, together with a landscape maintenance plan for the Street Setback Areas, (r) location, dimension and general form of proposed temporary and permanent signing in compliance with the Signage Manual; (s) (t) a description of sound attenuation measures, a plan for compliance with any brusfi management program required by the City or any other governmental dgency; and (u) signage. The Preliminary Plan shall be submitted and approved by the Commlttee before a Final Plan issubmitted. 5.2.4 Final Plan. Following approval of a Preliminary Plan by the Committee, all applicants shall submit a Final Plan, wnich shall include the followtng (a) revisions required by the Prellminary Plan review; i - = - :. 'i ..a (b) construction details; (c) specifications if requested; tY .% (d) exterior color samples; c. j: 1. ; t! (e) = r'k - -. b t .; .r complete landscape plans showing the location and types of trees, shrubs, ground cover and irrigation systems; and : 1:' 8 9. ') (f) energy and water conservation measures to be taken. 5.3 Modifications to Plans and Improvements. Material changes in the Master, Preliminary or Final Plans approved by the Committee must be resubmitted to and approved by the Committee pursuant to this Article. In addition to the other requirements of this Section 5.3: (a) no exterior surface of any Improvement on any Lot shall be repainted, texturized or otherwise changed, (b) no alterations, additions or changes shall be made to any landscaping on any Lot, and (c) no additions or alterations to any paved area on any Lot shall be made until, in each case, plans for such painting, alterations, additions or changes, including camples of colors and materials, landscaping plans, or paving plans and specifications a5 the case may be, together with such other information as shall be required by the Committee, have been submitted in duplicate to the Committee and the Committee has approved such requested change in writing. 5.4 Sasis for Disapproval. The Architectural Review Committee may disapprove any and all plans and specifications submitted hereunder on any reasonable ground, including but not limited to, any of the following: (a) Failure to comply with any of the provisions of this Declaration; (b) Failure to conform with the Specific Plan or other City i 1 I , 22sc (c) Objection to the color scheme, finished proportions, style of architecture, height, bulk or appropriateness of any proposed Improvement in relation to the Lot or other Lots, ur in relation to other Improvements which are existing or proposed and approved by the Committee; (d) Incompatibtlity of exterior design or materials with existing structures and the topography and scenic resources of the area; (e) Objection to the landscape plan, including conformity of landscape design or materials with street landscaping, existing or proposed landscaping approved by the Committee for othei Lots, or the Conceptual Landscape Element; (9 Objection to the landscape maintenance plan for the Street Setback Areas, including the sufficiency of such plan to ensure maintenance of such areas in a first-class condition compatible with other Street Setback Areas in the Business Park and the requirements of this Declaration; (9) Visual or aesthetic impact; (h) The effect of the location and use of the lmp*ovements on neighboring sites and the operations and uses thereon, including the final ground elevation of the site and the design, facing and height of the building elevations in relation to nearby streets and adjacent sit es ; c (i) equipment from view from adjacent streets and properties; Failure to adequately screen trash areas and mechanical (k) Inadequacy of off-street parking or objection to the design and location of the parking areas; and College Business Park . ., &a si 1 (I)? Any other matter which, in the reasonable judgment of the Committee, would render the proposed Improvements or use inharmonious with the general plan for improvement of the Business Park or with Improvements then existing or proposed and approved by thz Committee for other Lots within the Business Park. In reviewing or approving any submittal, the Committee shall not be responsible for determining compliance with any governmental land use or building construction ordinances or requirements. 5.5 Development Requirements of City. The Property is subject to and each Owner shall comply with: (a) the development criteria and requirements set forth in the Specific Plan; (b) the PM Zone Regulations; (c) the development restrictions and requirements set forth in the Specific Plan ; and (d) other applicable governmental requirements. The City has the right to review and approve site development plans for each Lot pursuant to policies and standards promulgated, approved or adopted by the City, including without limitation, the Specific Plan, and the City's Zoning Ordinance. The City's review may include, but shall not be limited to, sign location, landscaping, access drives and building architecture. If any requirement imposed by the City is different from a requirement contained herein, the more restrictive requirement shall prevail. Each Owner and Occupant is responsible for identifying and conforming with all City requirements. 5.6 Decision of the Board. The Committee may approve, conditionally approve, or disapprove Master, Preliminary or Final Plans, or any other submittal required under this Article. The decision of the Committee may be appealed to the Board, and the decision of the Board shall be final and binding on all parties. The Board may amend its decision only with the consent of the Owner of the Lot on which the Improvement is to be located. One (1) set of the Master, Preliminary and Final Plans and each other document submitted to the Committee shall be returned to the applicant with the approval or disapproval endorsed thereon, and the ether set shall !x retained by the Committee for its permanent College Business Park : 5.7 Time for Approval or Disapproval. II the Committee, or its 0 j - designated represeqtative, fails to approve or disapprove the complete Master, I ! I Preliminary or Final Plans or other documents submitted to the Committee, in writing, within thirty (30) days after the Committee’s receipt of a complete application for such approval and the architectural review fee, it shall be conclusively presumed thet ?he Committee has disapproved the same unless the applicant has .‘-livered to the Cc,,nmittee, within fifteen (15) days after the expiration of the 30- day period, a notice in writing setting forth the date of initial submittal of the ; i complete application to the Committee and the fact that no approval or disapproval or disapprove the application on or before the fifteenth (15th) day after the Committee’s receipt of such notice, the provisions of this Declaration requiring approval of such Plans or other documents by the Committee shall be deemed to have been waived by the Committee with respect to such plans; provided, however, that such waiver shall not be deemed to be a waiver of any other covenant, condition or restriction provided herein. 4. has been given as of the date of such notice. If the Committee fails to either approve 5.8 Submission of Plans to City or Government. No plans, specifications or other documents to be submitted to the Committee pursuant to this Article shall be submitted to the City or any other governmental agency prior to obtaining the approval of the Committee. If pians, specifications or documents approved by the Committee are subsequently modified by the City or other governmental action, the modifications must be submitted to and approved by the Committee in writing, pursuant to the proceduresspecified in this Article. Upon City or other governmental approval of any such plans, specifications or documents, whether or not they have been modified, one complete approved set hereof shall be ,. .”\ furnished to the Committee. 5.9 Proceedins with Work. Upon approval of Final Plans by the committee pursuant to this Article, the Owner, Lessee or Occupant to whom the approval is given shall satisfy all conditions thereof and shall diligently proceed to commence the approved construction within one (1) year after the date of such approval, or within such other time period which may be requested by the party submitting the Plans and reasonably approved by the Committee. If the approved construction is not commenced within said one year or other approved time period, the approval given by the Committee pursuant to this Article shall be deemed College Business Park B-2260 24 ,I* @! : ‘4 8 4 4 .@ ’, @ 1' '3 I 5.10 Completion of Work. Once commenced, all construction work : revoked, unless the Committee, upon written request made prior to the expiration of said time period, e'xtends the time for commencing work. - .f shall be diligently prosecuted to completion in accordance with the approved Final Plan. Work in prcgress shall not cease for a period in excess of thirty (30) days, and Panstruction or altepation of any Improvements shall be completed within two (2) years after the commencement thereof, except and for so long as such work is rendered impossible, or would result in great hardship, due to strikes. fires, national emergencies, natural calamities, or other supervening forces beyond the control of the Owner, Lessee or Occupant or their agents. Failure to comply with this Section 5.10 shall constitute a breach of this Declaration and shall subject the defaulting party to all enforcement procedures and remedies provided under the Project Documents or available at law or in equity. Upon completion of construction of any Improvement, one complete set of as-built plans shall be submitted to and maintained by the Committee. 5.1 1 :t 6 .3 - Estoppel Certificate. Upon payment of a reasonable fee, in an amount set by the Board, and upon written request of any Owner, accompanied by an ALTA or certified as-built survey of the Lot if the Committee does not have such a recordable form certifying that, as of the date thereof, either: (a) all Improvements located on a specific Lot comply with the provisions of this Declaration; or (b) such Improvements do not so comply, in which event the certificate shall identify the non- complying Improvements and set forth with particularity the reason(s) for such non- compliance. Such certificate shall be furnished by the Committee within a reasonable time, but not to exceed thirty (30) days from receipt of a written request for such a certificate. Any Lessee, prospective Owner or Lessee or Mortgagee in good faith and for value shall be entitled to rely on said certificate with respect to the rnattersset forth therein, such matters being conclusive upon all parties in favor survey in its files, the Committee shall issue >n acknowledged certificate in I' 5.12 No Liability for ADRroval Errors. Declarant, the Board, the Committee, and their delegated agents shall not be liable for any damage, loss or prejudice suffered or claimed by any Person on account of: (a) the approval or disapproval of any plens or specifications; (b) the construction or performance of '4 ; di I e' .@ College Business Park 6-2260 25 --=A ,d : ':--a&%*Z~!=~zam== I I my work or improvement; (c) any defects in any plans, drawings, specifications or other documentation or any structural or other defects in any work, whether or not pursuant to approved plans or specifications; (d) the development of any Lot within the Property; or (e) the execution and filing of an estoppel certificate pursuant to Section 5.11, whether or not the facts therein are correct, provided that the Corninifleg har acted in good faith in issuing such estoppel certificate on the basis of such informatio.1 as may be possessed by it. Each Owner, Lessee, Occupant or other Person who submits Preliminary Plans, Final Plans or other documents to the Board, the committee, the Members tbereof and the agents of each such party harmless from and against all damage, loss or prejudice suffered or claimed by any Perron on account of any of the matters described above in this Section. ', : Committee shall forever indemnify, hold harmless and defend the Declarant, the :t ,I ,c ;. 'J ARTICLE 6 i P j t. i{ .k., IMPROVEMENT STANDARDS AND LIMITATIONS , r. 6.1 Drainaqe. No Owner shall interfere with or obstruct the established surface drainage pattern over any Lot, unless adequate alternative provision is made for proper drainage and is first approved in writing by the Architectural Review Committee and the City. As used herein, "established drainage" is defined as the drainage which exist: at the time the overall qradirig of a Lot is completed by Declarant. Water from any Lot may drain into adjacent streets, but shall not drain onto adjacent Lots unless an easement for such purpose is granted herein or in the recorded subdivision map for the Business Park. Each Owner shall maintain, repair and keep free from debris or obstruction the drainage system and facilities (if any) located on his Lot. !t ik. !& i" . ,. .L $ 6.2 Excavation and Underqround Utilities. No excavation shall be made except in connection with the construction of an Improvement, and, upon completion thereof, exposed openingsshall be backfilled and disturbed ground shall be graded, properly compacted, leveled and restored to its original condition. 6.3 Landscauinq and Irrigation. Each Owner shall provide continuous maintenance for all planted and undeveloped areas upon its Lot (excluding Common Areas, which shall be maintained by the Association) and shall -..--a-- - *- I t +&l keep the same free and clear of weeds, debris and rubbish, in a neat and clean condition. Each Owner shall comply with Brush Management Programs adopted by the City from time to time, including, but not limited to, any requirement for clearing or maintaining any areas (including slopes and open space areas) around such Owner‘s buildings. Each Owner shall maintain the landscaping and Irrigation facilities on 311 Street Setback Areas on its Lot in substantially the same quality and condition as tk landscaping and irrigation facilities originally installed by Declarant, or as otherwise approved by the Committee pursuant to Section 5 2 If the landscaping and irrigation facilities within any Parkway Areas or Street Setback Areas are damaged or disturbed in connection with construction of IrnGrovernents on any Lot, the Owner of such Lot shall restore andlor replace the same in accordance with Plans approved by the Committee pursuant to Article 5 Maintenance of the Street Setback Areas shall be rn conformance with the landscape maintenance plan for such areas approved by the Committee pursuant to Section 5 2 and any other standards and guidelines established by the Committee from time to time to ensure compatible, first-class maintenance of the Street Setback Areas throughout the Business Park Every Lot improved with a building or other substantial structure shall be landscaped as approved by the Committee within sixty (60) days after occupancy or completion of such structure, whichever occurs first, and maintained thereafter in a sightly and well- kept condition In particular, all unpaved areas between street curbs and the setback lines prescribed herein shall be fully and adequately landscaped. Hose bibs, sprinklers. drains and other reasonable and adequate landscape maintenance facilities shall be provided in the vicinity of all landscaped areas. l 1 6.4 Maximum Building Area The Gross floor Area of the lmprovementsconstruaed on each Lot shall not exceed the Maximum Butlding Area allocated to such Lot. The Maximum Building Area of each Lot “shall be determined as of the date of recorddion of the Declaration of Annexation for such Lot in accordance with the Specific Plan, taking into consideration all required set-back areas. Declarant reserves the right to modify the Maximum Building Area of one or more Lots, at any time prior to the conveyance of such Lots to a third party, provided that Oeclarant shall not modify the Maximum Building Area of any Lot after the conveyance of such Lot to a third party without the prior written consent of such third party The revised Maximum Building Areas shall be set forth in a Supplement to this Declaration, executed and recorded by Declarant If any Lot is further * :6 s subdivided or if a merger or lot line or boundary adjustment affecting two or more Lots is recorded, the Maximum Building Areas of the original Lot or Lots shall be allocated among the resubdivided Lot or Lots in a manner approved by the Board requirements. Upon issuance of any building permit for any building construction, includina apv remodeling, alteration or expansion of any existing building, the Owner of the affected Lot shall deliver to the Committee a determination of the determination shall be subject to verification by an Architect designated by the L and consistent with the PM Zone Regulat;onr and other appltcable City 4 t t Gross Floor Area of the proposed building, certified by an Architect. Association. Such < 6.5 Mechanical Equipment; Ductwork, Etc . Each Owner shall comply with the following restrictions: (a) All roof-mounted mechanical equipment and/or ductwork shall be screened from view by an enclosure which is detailed in a manner consistent wit? the building Corsideration shall be given to the view plane of adjacent developments. (b) Cyclone blowers shall be screened by a wall, fence or line of the building. Further, they shall be located on the rear or 'hidden" wde of the building and shall be painted to match the surface to which attached, if visible landscape materials and shall be located below the fascia andlor roof (c) Incinerator vents shall be located on the rear or 'hidden' side of the building in all cases. (d) Roof-mounted ventilators shall be a maximum of one and one-half (1-112) feet above the point to which attached and shall be painted or prefinished consistent with the color scheme of the building. Gutters and downspouts shall be painted to match the surface to which attached unless used as a major design element, in which case the color shall be consistent with the color scheme of the (e) > , pr--A.---- - --. 226'3 t (0 Vents, louvers, exposed flashing, tanks, s?acks, overhead doors, rolling and "man' service doors ,hall be painted consistent with the color scheme of the building 6.6 Parkinq Areas. Adequate off-street parking shall be provided to accommodate all parking needs of employees, visiton and company vehicles on the Lot, in a manner consistent with the Specific Plan and otner applicable City requirements. The intent of this provision is to eliminate the need for any on-street parking. If parking requirements increase as a result of a change in use or number of employees, additional off-street parking shall be provided to satisfy the intent of this Section. The Committee shall evaluate the adequacy of proposed parking designs according to the following guidelines: (a) Required off-street parking shall be provided on the Lot of the use served, or on a contiguous Lot (b) In addition to the guidelines set forth herein, parking requirements by land use, including size and number of spaces, aisle widths, accessand arrangements, etc ,shall conform to the Specific Plan and other applicable City requirements If there is more than one (1) shift, the number of employees on the largest shift shall be used in determining parking requirpments (c) Perking shall not be permitted between the public street pavement and the property line (d) Parking areas must conform to setback requirements as set forth in the Specific Plan and applicable zoning requirements (e) All side-yard areas not facing streets may be used in total for automobile parking and landscaping when not in conflict with the Specific Plan or other applicable City requirements -_- --. -i...- (f) Automobile parking areas shall be provided with entrances, exits and aisles adequate to provide safe movement of vehicles and must comply with City standards andlor guidelines. ! (9) Parking spaces shall be adequately sized to accommodate oversized vehicles which might be operated from and stored at the subject Lot. 6.7 Setback Lines. The setback lines shall be as set forth in the Specific Pian. No structure or improvement of any kind, and no part thereof, shall be i placed on any Lot closer to the property line than permitted by such setback requirements. AH setbacks shall be measured from the property line, provided, measured from the top of the slope pursuant to the provisions of the Hillside 1. Ordinance. Notwithstanding the foregoing, the following Improvements may be ?Y k t ‘t where the top of the slope extends beyond the setback lines, the set back shall be 1. allowed within such setbacks, with the approval of the Committee (a) Steps and walks, (b) Paving and associated curbing, except that vehicle parking areasshall be in conformity with Section 6.6 of this Declaration, (c) Fences, except that no fence shall be placed within the street setback area unless specific written approval is given by the Committee and the City, (d) (e) (0 La ndrca p 1 ng ; Planters, not to exceed three (3) feet in height; and Displays and signs identifying the Owner or Lessee, except that such displays are subject to specific City ordinances and must be approved by the Committee in writing. 6.8 Slqns. All signs shall be subject to the prior approval of the Committee In writing pursuant to Article 4. All signs shall conform with the Collcgc , ~ .__ -. - __ _-_uI*--*_-- ---.. - - .----1- - - - *-- .. 3 Business Park Signage Manual prepared by Declarant, as approved by the City and all other governmental authorities 1 6.9 Slope Areas. No Owner shall commence any construction on or engage in any development of any slope areas without the prior written approval of the Committee, and all such work shall be in conformance with the Lacdscape Design sectiull of the Specific Plan 6 10 Subdivision of Lots No resubdivision of any of the Lots described in Recital A, or any merger or lot line or boundary adjustment afrecting two or more Lots, shall be permitted without the written consent of the Board In the event a resubdivision, merger, or lot line or boundary adjustment is so approved, each of the Lots created as a result of the lot split or resubdivision, shall be subject to this Declaration and the other Project Documents . + n It .C 6 11 Storaqe and Loadinq Areas In addition to the requirements set i forth in the Specific Plan (a) No materials, supplies or equipment. including company- owned or operated trdcks, shall be stored in any area on a Lot except inside a closed building, or behind a visual barrier screening such area from the view of adjoining properties and/or a public street. Screening of storage areas shall be accomplished by the use of an opaque screening material, which may include walls, building, redwood slated chain link fences, or any combination thereof, to a minimum height of six (6) feet to screen the stored items, except that such height shall not exceed twelve (12) feet All street frontage walls shall be of concrete tilt-up or solid masonry. Upon a written application to the Committee, the Committee may approve, in writing, a variance of said storage area requirements (b) Loading areas shalt not encroach into setback areas unless specifically approved by the Committee in writing, in its sole discretion (c) Loading area doors and docks shall be set back and Loading areas and ’ screened to miqimize the effect from the street docks shall not be closer than seventy (70) feet to the street property line, for front yard loading areas, unless specifically approved by the Committee in writing, in its sole discretion. Loading will be permitted to the rear of the setback line from that portion of a structure not fronting a street. Front yard loading areas must be screened by a concrete tilt-up wall textured or colored to match the main building. 6.72 Utilities. All telephone, electrical and 0th: ;!ility lines shall be installed underground, except that transformer or terminal equipment related thereto may be installed above ground if screened from view of adjacent streets or properties. No Owner shall enter into any contract or agreement with any City, county or other governmental agency or body or public utility with reference to sewer lines or connections, water lines or connections, or street improvements (including but not limited to curbs, gutters, parkways, street lighting or other utility ., !. '! .. t f j B i ! .!I ,t I connections, lines or easements) relating to the Property or any Lot without the prior 1 t written consent of the Committee. ik: i. tc ! 6.13 Waste Disposal. No waste material, garbage or refuse shall be dumped, placed or allowed to remain on any Lot outside a permanent structure unless it is behind a visual barrier screening such area so that it is not visible from neighboring properties or public street:. All such waste, garbage and trash materials shall be kept in sanitary containers and shall be regularly removed from the Property j :!; x % , ii and shall not be allowed to accumulate thereon. Industrial waste dispoxl shall be in a manner prescribed by the ordinances of the City and any other applicable governing agency. ARTICLE 7 REGULATION OF OPERATIONS AND USES 7.1 Permitted Uses. Unless otherwise specifically prohibited herein, permitted uses shall include those uses permitted by applicable City zoning and land use regulations, provided such use is performed or carried out entirely within a building that is so designed and constructed that the operation, and uses comply ' with: (a) all Laws, as defined in Section 7.4; and (b) the provisions of this Declaration. Currently applicable City regulations of uses are set forth in the PM 226-7 Zone Regulations, and the Specific Plan. If applicable law is less restrictive than the provisions of this Declaration, the more restrictive provision shall apply. 7.2 Prohibited Uses Without limiting the provisions of Section 7 1 or any other provision of this Article, no Lot shall be used for any of the following activities or purposes: (a) Any use which, in the Boerd's sc': md absolute discretion, is considered to be objecbonable as an intrusion into the environment of Sound, odor, visual effect or physlcal impact or that will disturb or Park. tend to disturb the other Owners, Lessees or Occupants in the Business (b) (c) (d) Any public or private nuisance, Any use in violation of Sections 7 4 or 7 5; Any use or operation that results in a discharge or release of Hazardous Materials (as defined in Section7 51, on or under the surface of the Property or into the surface or ground waters of the Property, unless such discharge or release is in full compliance with all applicable federal, state and local laws, regulations, ordinances and permits; (e) Any use or operatlon that results in air emcssions of pollutants or contaminants, unless such emissions are in full compliance with all applicable federal, state and local laws, regulations, ordinances and permits relating to air pollution control, (0 Any use that produces intense glare or heat, unless such use is performed only within an enclosed or screened area in a manner such that the glare or heat emitted will not be discernible from any property line of the Lot; (9) Any use that creates a sound pressure level in violation of any applicable governmental regulatlon; g- .* . .'.- <I ., . (h) Any use that creates a ground vibration that is perceptible, without instruments, at any point along any of the property lines of the -L ?& (i) Residential uw: b 1. (11 Camping; i) (k) Mobile home sales and storage yards or mobile home, trailer or recreational vehicle parks or sale facilities; (I) facilities; Junk yards, auto dismantling operations or recycling (m) Distillation of bones; (n) Dumping, disposal, incineration or reductton of garbage, sewage, dead animals, refuse or spillage; (0) Saw or planing mllls; (p) Manufacturing, excavation (if applicable) or productton of cement, lime, asphalt, gypsum, fireworks, wood pulp or the like; (4) (r) Fat rendering; (11 (t) (u) Production of fish products, sauerkraut, vinegar or the Stockyards or slaughtering of animals; Surface mining operations or commerclal excavation; Smelting of iron, tin, zinc or other ores; 8 2.269 (v) Cemeteries, (w) (x) d Auto repair, automotive paint and body shops; Drilling for and/or the removal of gas or oil, refining of petroleum or its products, or petroleum storage yards, or (y) Jail or honor farms; Nuisances. No Owner, Lessee, or Occbpant shall create or permit any public or private nuisance on any portion of the Business Park. All incinerators or other equipment for the storage or disposal of trash, garbage or refuse shall be kept in a clean and sanitary condition. No odors shall be permitted to arise therefrom so as to render any Lot or portion thereof unsanitary, unsightly, offensive or detrimental to any property in the vicinity or to the Occupants thereof. No use or operation shall be conducted in the Business Park which is noxious, offensive, unsightly or which may interfere with the quiet enjoyment of o;het Owners, Lessees 7.3 and Occupants. i i i i a 7 4 Compliance with Laws. Retaulations. Permits or Certificates of Occupancy. No Owner, Lessee or Occupant shall permit any activtty, use or operation on any portion of the Property in violation of any law, statute, rule, regulatlon, requirement, permit, ordinance or certificate of occupancy promulgated by any federal, state or local governmental entity with jurisdiction over the Property or any business, use or operation thereon (colfectively, 'Laws') Each Owner, Lessee and Occupant shall, upon written notice from Declarant, or the Board, discontinue any use which is declared by any governmental entity having such pridrdion to be a violation of any Law. Each Owner, Lessee and Occupant shall, immediately upon receipt from any governmental entity of an allegation violation of any Law, provtde a copy of such allegation to the Board, notwithstandmg such party's belief that meritorious defenses to such allegations exist. No representatton IS made that compliance with the use regulations specified In thts Declaration will satisfy other legal requirements. L II 7.5 Hazardous Materials Without limiting the provisions of Section 7.4: College Business Park n- -..+ e?.'(/ - (a) Each Owner, Lessee or Occupant shatl strictly comply with all Laws now or hereafter promulgated with respect to the use, generation, storage, transportation or disposal of hazardous, toxic or radioactive materials (collectively, "Hazardous Materials") As used herein, "Hazardous Materials" shall include, but not be limited to, those materials identified as hazardous or toxic substances, materials or wastes pursuant to the Comprehen;jve En* '-onmental Response, Campensstion and Liabiltty Act af 1980 ("CERCLA"), as amended, 62 U.S.C. Section 9601. et seq, the Ressuice Conservation and Recovery Act ("RCRA"), 42 U.S C Section 6901, et seq , the Hazardous Materials Transportation Act, 49 U 5 C Section 1801, et seq, the California Hazardous Waste Control Act, California Health and Safety Code Section 25100, et seq , the Carpenter-Presley-Tanner Hazardous Substance Account Act, Cat. Health & Safety Code Section 25300, g x., the Safe Drinking Water and Toxic Enforcement Act, Cal Health & Safety Code Section 25249 5, g seq , the Porter-Cologne Water Quality Control Act, Cal Water Code Section 13000, et seq ,any amendments to and any regulations promulgated pursuant to the foregoing, and any similar federal, state or local Laws (b) No Owner, Lesee or Occupant shall discharge or release any Hazardous Material on or under the surface of the Property or into the surface or ground waters of the Property in violation of any Laws. IC) No Owner. Lessee or Occupant shall discharge any hazardous air pollutant regulated under the National Emissions Standards for Hazardous Air Pollutants by the United States Environmental Protection Agency. No Owner, Lessee or Occupant shall discharge any toxic air contaminant classified as such by the California Air Resources Board under the California Health and Safety Code. No Owner, Lessee or Occupant shall discharge any pollutant which would constitute a nuisance under the rules of the San Dieqo Air Pollution Control District <. * f - 1 __ _____- -- no- - I. ~ . - - _- -1- (d) Each Owner, Lessee or Occupant shall indemnify, hold harmless, protect and defend Declarant, the Board, the Association and each other Owner, Lessee or Occupant from and against all liabilities, losses, damages, costs and expenses directly or indirectly arising out of ! I the generation, storage, disposal, release or discharge of Hazardous Materials or hazardous air pollutants by such party, including but not hited to, the cost of any required monitoring, investigation, clean up, remcaal, detoxification, preparatiov of plans ar o:t.c* remedial work. The strict compliance by an Owner, Lessee or Occupant with all Laws pertaining to Hazardous Materials shall not excuse such party from its obligation of indemnification pursuant to this Section. 7.6 Necessarv Permits Prior to commencement of any operation or use upon a Lot, each Owner, Lessee or Occupant shall demonstrate to the Board that he has obtarned all necessary permits for the operation or use proposed by such I L 7 7 Access Declarant or the Board, and their respective agents, shall have the right, but not the obligation to enter upon a Lot as provided in Section 12.2 2 for the purpose of inspecting the same, in order to assure compliance with all applicable Laws. In addition, Declarant or the Board may require disclosure of any applicable information relating to the applicable Laws or permits and any other evidence necessary to assure Declarant and the Board of ar Owner's compliance with said Laws. 7.8 Rules and Requlations. Declarant has prepared Rules and Regulations relating to the use, management and maintenance of the Common Areas and the facilities and Improvements located thereon. and to the conduct of Owners and their Lessees, Occupants and guests with respect to the Property and other Ownen. The Board shall have the right to amend, supplement or repeal any of the Rules and Regulations, from time to time. The Rules and Regulations, as so amended and supplemented, shall be binding on all Owners and their Lessees, Occupants and guests. In the event of any inconsistency between the Rules and Regulations and this Declaration, the Declaration shall govern to the extent 01 the inconsistency. . - na-. . ARTICLE 8 RESERVATIONS OF EASEMENTS AND RIGHTS I L i 8.1 Easements Over Common Areas The Parkway Areas located outside the public right-of-way, and certain Drainage Easement Areas are owned by the Owners, d) part of their respective Lots Open Space Lots 24, 25 and 26 shall be crcveyed to the Association. The Common Areas are subjeii .u the followi;lg t easements: iT (a) There is hereby reserved to Declarant an easement over the Common Areas for the purpose of grading and installation of utilities, landscaping, irrigation and drainage facilities, and other Improvements, as necessary or appropriate to complete the improvement of such Common Areas pursuant to the Specific Plan, the conditions of approval of the Final Map, ana other applicable governmental regulations and requirements. (b) There is hereby reserved to Declarant, the Association and their agents and representatives an easement over all Common Areas for the purpose of maintenance, repair, reconstruction, restoration and landscaping, and as necessary to exercise the rights and to perform the duties set forth in this Declaration. (c) There is hereby reserved over those Parkway Areas outside the public right-of-way, for the benefit of Declarant. the Association and all Owners: (I) an easement for pedestrian ingress and egress; and (ii) an easement adjacent to the main entry to the Business Park for monument signs, landscaping, walls and other Improvements identifying the entry. (d) There is hereby reserved over the Drainage Easement Areas, for the benefit of Declarant, the Association and all Owners, an -_------- nr- r ----. - -- ..-- -I_ - '_ (e) Declarant hereby grants to the AsIociation, as Common Area, an easement over Open Space Lots 24, 25 and 26 for purposes of maintaining the Desilting/ Detention Basifis, an access road between the Property and the DesiltinglDetention Basin(s) and any temporary drainage facilities and temporary erosion control landscaping related thereto. -,:le Common Areas, including all areas subject to the easenieriis granted herein, easements granted herein tu Ownen shall be appurtenant to and shall pass with Occupants of each such Owner's Lot, and their respective guests, subject to the Rules and Regulations and the other restrictions set forth in Article 9 shall be maintained by the Association as further described in Article Q AII I )i title to each such Owner's Lot and may be used by the Owners, Lessees and i ti i '1 8.2 :t '1. Ik /k Easements of desiqnated Hillside Areas The designated Hillside Areas located on the Property are owned by the Owners, as part of their respective ri 1% lt Lots. The designated Hillside Areas are subject to the following easements (a) There is hereby reserved to Declarant an easement over $1- :$ the designated Hillside Areas for the purpose of grading and installation of landscaping, irrigation facilities, and other Improvements, as necessary or appropriate to complete the improvement of such designated Hillside Areas pursuant to the Specific Plan, the conditions of approval of the Final Map, and other applicable governmental regulations and requirements. (b) There is hereby reserved to Declarant, the Association and their agents and re?resentatives an easement over the designated Hillside Areas for the purpose of maintenance, repair, reconstruction, restoration and landscaping, and as necessary to exercise the rights and to perform the dutiesset forth in this Declaration 8.3. Transfer of Easement Riqhts Prior to the date for commencement of maintenance of the Association of any portion of the Common Areas pursuant to Section 9 1, or the designated Hillside Areas pursuant to Section 9,2.1 Declarant shall transfer any necessary easements to the Association. * ___ .- -- --- - -* , --I * - -- -< -.. z+*. 8 4 Riaht of Entry 8 4 1 Common Area Declarant, the Associatior,, the Board, and their employees, agents, and contractors are hereby granted the right to enter upon the Common Areas and upon any other portion of the Property, to the extent reasonably necessary, to repair, improve, maintain and operate the Common Areas, and to exercise the rights and to perform the duties imposeu by this Declaration on the Board or the Association. Such right of entry upon portions of the Property other than the Common Areas shall be exercised 50 as to interfere as little as reasonably possible with the possession, use and enjoyment of the Owner, Lessee or Occupant of such portion and shall be preceded by reasonable notice whenever the circumstances permit. The Association shall indemnify, hold harmless and defend the Owner of each Lot over which the foregoing easements are reserved from and against all damages, claims, losses and liabilities arising from or caused by the use of such Common Areas by the Declarant, Association, Owners, Lessees, Occupants or their guests. 8 4.2 Hillside Area Declarant, the Asociation, the Board, and their employees, agents, and contractors are hereby granted the right to enter upon the designated Hillside areas and upon any other portion of the Property, to the extent reasonably necessary, to repair, improve, maintain and operate the designated Hillside Areas and to exercise the rights and to pelform the duties imposed by this Declaration on the Board or the Association Such right of entry upon portions of the Property other than the designated Hillside Areas shall be exercised so as to interfere as little as reasonably possible with the possession, use and enjoyment of the Owner, Lessee or Occupant of such portion and shall be preceded by reasonable notice whenever the circumstances permit The Arrociati,on shall indemnify, hold harmless and defend the Owner of each Lot over which the foregoing easements are reserved from and against all damages, claims. losses and liabilities arising from or caused by such entry , 8.5 Utility Easements. Declarant hereby reserves for its own use and benefit, and for the use and benefit of the Association and all Owners, easements for the location, installation and maintenance of utilities and drainage facilities of convenience or necessity as may be requested or required by Declarant, the College Business Park ? I Association or any Lot Owner. The Association shall have the authority to grant easements or rights-of-way for utilities over the Common Areas as necessary to serve the Common Areas andlor the Lots The Owner of any Lot and any of his Lessees, Occupants or licensees shall have the right at all reasonable times to enter upon the land subject to said easements and to install. maintain, repair and service utilities and drainage facilities thereon for the use and beneftt of his Lot. Provided, however, any such Person shall restore said land, at his own expense, as nearly as practicable, to the same condit+n as existed prior to such entry The Owner of any Lot shall have the right to assign the benefit and use of any such easement to any pubtic or private utility company, agency or district for the purpose of installing, operating and maintaining utilities or drainage facilities and enforcing the easement rights. For purposes hereof, 'utilities" shall include electricity, gas mains and lines, water distribution lines, storm water sewers, sanitary sewers, telephone and telegraph cable and lines, and other similar or related facilities commonly regarded as utilities. No conveyance by Declarant of any Lot, or any interest therein shall be deemed to be a conveyance or release of the easements herein reserved, even though such conveyance purports to convey such Lot or Lots in fee simple or purports to convey Declarant's entire interest therein; but, notwithstanding the foregoing, Declarant reserves the right unto itself, from time to time, to release any segment or area from such reserved easements, provtded that Declarant causes any utiiity or utilities existing therein to be relocated without expense to the users thereof and without any unreasonable interruption of any utility service furnished pursuant to the easement to be released , . 4 a i. s I 8.6 Drainaae. Declarant hereby reserves for itself and successive Owners, over areas of the Business Park, easements for drainage from slope areas, and drainage ways from time to time constructed by Declarant. 8.7 Easements Reserved and Granted Any easements referred to In this Oeclaratioq shall be deemed reserved or granted, or both reserved and granted, by reference to this Declaration in a deed to any Lot. * _-_I- nr - - 22Zb\ ARTICLE 9 MAINTENANCE AND USE OF COMMON AREAS 9.1 Management and Maintenance by Association. The Areas and the management of the Common Areas shall be vested in the Association. In order to implement the power of administration established by this Declaration and management of the Common Areas, the Association shall have the powers set forth in Section 2.3 of this Declaration and elsewhere in the Project Documents The Association shall repair, restore, reconstruct, operate, maintain and manage the Common Areas and all facilities and Improvements located thereon in a first-class condition and a good state of repair, to the extent such areas are not maintained and controlled by the City or other governmental agency, district or public or private utility, except as otherwise set forth herein Maintenance by the Association of each portion of the Common Areas shail commence upon completion of the Improvements (if any) to such portion, as evidenced by a wrltten notice from Declarant to the Association together with a copy of any applicable nottce of completion; provided, however, Declarant shall perform all such maintenance prior to completion of such Improvements on the Common Areas and shall continue to maintain any Common Areas or Improvements for as long as they are covered by a maintenance or warranty bond in favor of the City. The Association's maintenance function includes, but is not limited to. the followtnq. administration of this Declaration as it applies to the Property and ?he Common (a) The maintenance of all Common Areas in accordance with the Specific Plan, the conditions of approval of the Final Map and other applicable governmental requirements; (b) The maintenance and replacement, when necessary, of 'trees, shrubs, ground cover and other landscape plantings or improvements installed on the Common Areas by Declarant or its successors pursuant to the Conceptual Landscape Plan and other specific landscape plans submitted to and approved by the City, (c) Clearing, grubbing and other maintenance of the Open Space Lots as required by the City or other governmental authorities, or as considered appropriate by the Board, but excluding any brush College Business Park I , fia-. . .- __ - - .. i maintenance which is the obligation of an Owner pursuant to Section 11.1; (d) Removing all trash and refuse from the Common Area;, (e) Cleaning, repairing and replacing all paved areas and signs 'r within the Common Areas (other than signs installed by an Owner as permitted hereunder); and I (f) Maintaining, repairing and replacing all utility facilities within the Common Areas, to the extent such work is not performed by a public or private utility company, agency or district. ,i All Owners shall be responsible for a proportionate share of the costs incurred by the Board pursuant to this Article, through assessments levied in accordance with Article 10. The Association shall also be responsible for collecting assessments for, and for paying the costs of maintaining the Open Space Lots Maintenance of Open Space Lots. 9 2.1 Open Space Lots Thp Associatim shall maintain the Open Space Areas, and the costs of such maintenance shalt be allocated among the Lotr included in the Property, and as such Lots may be adjusted or resubdivided from time to time, in the proportion the Maximum Building Area of each such Lot bears to the total Maximum Building Area of all such Lots. Such maintenance obligation shall include, but is not limited to, the repair, restoration, reconstruction, operation, maintenance and management of the DesiltinglDetention Basins. The costs of such maintenance shall be allocated to the Owners of Lots included in the Property by 1 - means of assessments pursuant to Artlcle 10 The foregoing costs allocated to Owners of Lots included in the Property shall be paid by the Association and 9.2 ' recovered by meansof assessments pursuant to Article IO, 9.2.1 Hillride Areas. The Arroeiation shall maintain the designated Hillside Areas, and the costs of such maintenance shall be allocated among the Lots included in the Property, and as such Lots may be adjusted or resubdivided from time to time, in the proporlion the Maximurn Building Area of College Business Park 1 . . - . . , . , - a. 0. .:. : 22Q each such Lot bears to the to:al Maximum Building Area of all such Lots. The costs of such maintenance shall be allocated to the Owners of Lots included in the Property by means of assessments pursuant to Article 10. The foregoing costs allocated to Owners of Lots included in the Property shall be paid by the Association and recovered by means of assessments pursuant to Article 10. 3.3 Maintenance Caused bv 0, men, Etc. The htociatlan <hall not be responsible for maintenance and repair of any Common Areas or Hillside Areas arising out of or caused by the willful or negligent act or omission of any Owner, or his Lessees, Occupants or guests, and such repairs or replacements shall be the responsibility of such Owner. If the Owner fails to perform such repairs and replacements within thirty (30) days after receipt of a written notice, and provided the Owner has been given an opportunity to be heard by the Board, orally or in writing, the Association shall have the right (but not the obligation) to make such repairs or replacements, and the cost thereof shall be charged to such Owner and his Lot or Lots as a Reimbursement Assessment as defined in Section '0.8. 9.4 DesiltinqlDetention Basins. In addition to the duties set forth in Sections 9.1 and 9.2, the Association shall have the following obligations and duties with respect to the DesiltinglDetention Basins: (a) The Association shall repair, restore, reconstruct, operate, maintain, monitor and manage the DesiltingIDetention Basins. (b) The Association shall conduct or cause to be conducted an inspection of the DesiltinglDetention Basins in accordance with a schedule of inspection prepared by an engineer designated by the goard to ensure that such Basins are capable of operating at design capacity. (c) A separate line item shall be included in the Association Budget prepared pursuant to Section 10.4, setting forth the amount of money allocated to the maintenance and monitoring of the Basins. The Association shall budget an amount adequate to cover such maintenance and monitoring. .. CLn- . . ~.. . -... .. . .. . . ..-_ .__. - .-- +Pa 9.5 Drivewavs. Each Owner shall have a right to construct, in accordance with Plans approved pursuant to Article 5, driveways and related Improvements over portions of such Owner's Lot designated as Common Areas on Exhibit '6;" provided, however, such Owner shall repair or replace all Common Area landscaping and irrigation and drainage facilities damaged in connection with Such conttrxtion. 9.6 Common Area Restrictions. Use of the Common Areas shall be subject to: (a) the reserved rights described in Section 8.1. (b) the Rules and Regulations, and (E) the other provisions of this Declaration. Other than the work performed or approved by Dectarant in connection with the development of the Business Park, Common Areas shall not be planted, altered, or improved, and nothing shall be removed therefrom without the written consent of the Board. 9.7 m. Subject to applicable governmental requirements, the Board may place and maintain on the Common Areas such signs as the Board may deem necessary in orderto identify the Property, regulate traffic access and parking, facilitate use of the Common Areas, and protect the health, safety and welfare of all Owners, Lessees, Occupants, agents, employees and guests. 9.8 Assessment District: Dedication of Common Areas. Declarant or the Board shall have the right to cooperate with governmental entities to establish a special assessment district for improvement or maintenance of all or any portibn of the Common Areas. Declarant or the Association shall have the right to dedicate or transfer, or grant an easement over, all or any portion of the Common Areas in which such party holds an interest to any public agency or authority or public or private utility, subject to such conditions as such party deems appropriate. 9.9 Destruction. Restoration. As soon as practicable after the damage or destruction of all or any portion of the Common Areas, the Board shall: (a) obtain bids from at least two (2) reputable contractors, licensed in California, which bids shall set forth in detail the work required to repair, reconstruct and restore such damaged or destroyed areas to substantially the same condition as the amount of all insurance proceeds available to the Association for the purpose of effecting such repair, reconstruction and restoration. If the insurance proceeds existed prior to such damage and the itemized cost of such work; and (b) determine AI- - . -- %, available to the Association are sufficient to effect the total repair, reconstruction and reStOratkm Of the damaged or dertroyed areas, then the Association shall cause such to be repaired, reconstructed and restored to substantially the same condition as existed prior to such damage. If the proceeds of insurance available to the Association are insufficient to cover the cost of repair, reconstruction and rcstoratt~n, the Board shall levy a Special Assessment for all additional funds needed to comply wtth the obligation of the Association to maintain th~ Common Areas in accordance with this Article 9. i ARTICLE 10 FUNDS AND ASSESSMENTS 10.1 Aqreement to Pay Maintenance Assessments, Creation of Lien and Obliqation. Declarant, for each Lot owned which is subject to assessment hereunder, hereby covenants and agrees, and each Owner of any Lot by his acceptance of a deed therefor, whether or not It shall be expressed in such deed, is deemed to covenant and agree, for each Lot owned, to pay to the Association. (a) annual Regular Assessments, as described in Section 10.6, (b) Special Assessments, asdescribed in Section 10 7, (c) Reimbursement Assessments, as described in Section 10.8; and (d) such other assessments which the Board is authorized to levy pursuant to this Declaration. Assessments, together with interest, costs and reasonable attorneys' fes, shall be a charge on the land and shall be a continuing lien on the Lot against which each such assessment is made, which lien shall be effective upon recordation of a notice pursuant to Section 12.3.2. Each such assessment, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the Owner of such Lot at the time it becomesdue and payable If more than one person or entity is the Owner of a Lot, the personal Obligation to pay such assessment shall be Joint and several. The personal obligation for delinquent assessments shall not pass to an Owner's successors in title, however, unless expressly assumed by them, but any lien created hereunder shall remain a charge against the Lot except as to bonafide purchasers or encumbrancers for value without notice and as set forth in Section 14 8. I , 10.2 No Waiver bv Non-Use. No Owner may exempt himself from payment of assessments by waiver of the use or enjoyment of all or any portion of College Business Park no - -- - .-- . - . ---- -- -- r the Common Areas or by waiver of the use or enjoyment, or by abandonment, of his Lot. ,I i 10.3 Purpose of Assessments Assessments levied by the Association shall be used to pay the Common Expenses (as defined in Section 1.1 l), in order to Rusiness Park, ad to reimburse the Association for the costs inritvpd in bringing an Owner into complrance with the Project Documents, and for any other purpose which in the reasonable judgment of the Association shall be for the common good of the Business Park. I 8. ,. enhance, rr.i!ntain and protect the desirability, attractiveness, and safety of the i 10.4 Budsets. At feast fifteen (15) days prior to the date for commencement of Regular Assessments pursuant to Section 10.6 2, and at least cause to be prepared and distribute to all Members of the Association a pro forma operating budget ('Budget') for such first or successive calendar year setting forth the estimated revenue and expenses on an accrual basis. The Budget shall include a 'I b! T I* CY fifteen (15) days prior to each calendar year thereafter, the Board shall prepare or reasonable allowance for contingencies, replacements and reserves. 10.5 Lots Sublect to Assessment; Allocation of Assessments All Lots within the Property, except the Open Space Lots, are subject to Regular Assessments and to Special Assessments All assessments (except for Reimbursement Assessments described in Sectlbn 10.8) shall be allocated among the Owners in the proportion the Maximum Building Area of each Owner's Lot or Lots bears to the total Maximum Building Area of all Lots then subject to assessment under this Declaration The Maximum 8utlding Areas may be modified by Declarant as provided in Section 6 4. In the event of resubdivision of any Lot or a merger or lot line or boundary adjustment affecting two or more Lots, the Maximum 8uilding Area of the original Lot or Lots shall be allocated among the resulting Lots as provided in Section 6.4, and the assessments for the original Lot or Lots shall be reallocated among the resulting Lots based upon the reallocated Maximum Building Area - I r-z:---.. --: -I _.- i' 10.6 Reqular Assessments 10.6.1 Purpose Regular Assessments shall be used to defray the i i Common Expenses 10.6.2 Date of Commencement of Reqular Assessments Regular Assessments shai! commence, as to all Lots initially subject to thiq P-claration. on the first (1st) day of the month following the conveyance of the first Lot by Declarant to an Owner other than Declarant; provided. however, that Declarant may, at its option, delay the start of Regular Assessments so long as Declarant performs all The first Regular Assessments shall be adjusted according to the number of months remaining in the calendar year and shall be prorated for any partial month. a% 1:. maintenance and other obligations of the Association at its sole cost and expense. 10.6.3 Establishment. Not more than sixty (60) days before the beginning of the first Regular Assessments hereunder and before the beginning of each calendar year thereafter, the Board shall meet for the purpose of establishing the Regular Assessment for the first or successive calendar year At such meeting, the Board shall review the Budget prepared in accordance with Section 10.4, and written comments received from any Member and any other information available to it and, after making any adjustments that the Board deems appropriate, without a vote of tbs Members o'the Association, shall establish the Regular Assessments for the fr,rthcomtng year. The Board shall give written notrce of the Regular Acwssments to each Owner xomptly after establishment thereof. , 10.6.4 Payment of Assessments. Regular Assessments shall be due and payable by the Owners to the Association in advance in four (4) equal quarterly installments, on or before the first (1st) day of January, April, July and October of each calendar year, or in such other manner as the Board shall designate. 10.7 Special Assessments. 10.7.1 PUrDQSe. Special Assessment$ may be levied by the Board: (a) If the Board determines that the Regular Assessments are or will be insufficient to defray actual Common Expenses of the n..- - *&fUJ I 1 Association for a given year due to unanticipated delinquencies or cost increases or unexpected repairs. replacements or reconstruction of any I I 1 Improvements in the Common Areas, (b) If funds are otherwise required for any au?horlzed activity of the Association, or (c) For the purpose of defraying, in whole or in part, the cost of construction of any capital improvements deemed reasonably necessary by the Board for the benefit of the Business Park, provided that any such capital improvement assessment in excess of five percent (5%) of all assessments budgeted for that calendar year shall require approval by the vote or written consent of Members holding a majority of the total voting power of the Association Members, which majority shall include Declarant for so long as Declarant is a Class B Meqber 8 10.7.2 Establishment The Board shall determine the approximate amount necessary to defray the expenses set forth in Section 10 7.1, and, if the amount is approved by a majority vote of the Board, it shall become a , Special Assessment; provided, however, that the Board may, in its discretion, pro- rate such Special Assessment over the remaining months of the calendar year or levy the full assessment immediately against each Lot Any Special Assessvent in excess of ten percentdiO%) of the budgeted gross expenses of the Association for the calendar year in which a Special Assessment is levied shall require approval by Members holding a majority of the total voting power vote of the Association Members, which majority shall include Declarant for so long as Declarant owns any portion of the Property 10 7.3 Time and Manner of Payment Special Assessments shall be due and payoble within fifteen (15) business days after a Member receives written notice from the Board specifying the amount of the Special Assessment, unless the Board specifies in such notice a later date for payment 10.8 Reimbursement Assessment. The Board may levy a Reimbursement Assessment against any Owner and such Owner's Lot or Lots to recover costs ('Noncompliance Expenses') incurred by the Association as a result of -. .. ne. _--. 1 \i 228,. such Owner's willful or negligent acts or failure to comply with this Declaration, the Rules and Regulat,ons or any other Project Documents, or to impose a fine or penalty pursuant to this Declaration. Assessments shall be due and payable within fifteen (15) business days after an Owner receives notice from the Board specifyiqq the amount of the Reimbursement Assessment :O 9 Non-payment of Assessments Any assessment not paid within fifteen (15) days after the due date shall be delinquent and such nonpayment shall constitute a default by the Owner hereunder. If any assessment is not paid within thirty (30) days after the due date, the Association shall have the right to collect a late charge equal to ten percent (10%) of the delinquent account or $10, whichever isgreater. In addition, the delinquent amount shall bear interest from the due date at the rate specified in Section 12 4 In the event of a default in the payment of any assessment, the remedies provided in Article 12 shall be available in addition to any other available legal or equitable remedies. 10.10 No Offsets AI1 assessments shall be payable tn the amounts specified by the particular assessment, and no offsets against such amount shall be permitted for any reasons, rncluding, without limitation, a claim that the Association is not properly exercising its duties of maintenance, operation or enforcement. * 10 11 Transfer of Property After transfer of any Lot within the Business Park, the transferring Owner shall not be liable for any assessment levied on his Lot after the date such Lot is transferred and written notice of such transfer is delivered to the Association. The transferring Owner shall remain responsible for all assessments and charges levied on his Lot prior to any such transfer. 10.12 Failure to Fix Reaular Assessments The omission by the Board to ftx the Regular Assessments hereunder before the expiration of any calendar year, for the next year, shall not be deemed either a waiver or modification of any provisions of this Declaration or a release of any Owner from the obligation to pay the assessments or any installment thereof for that or any subsequent year, and the Regular Assessment fixed for the preceding year shall continue until new Regular Assessments are fixed I 1 College Business Park _______ ...- - .. - 10.13 Association Funds. The assessments collected by the Association shall be deposited into two (2) separate accounts with a savings and loan association or bank selected by the Board, which accounts shall be clearly designated as: (a) the Maintenance and Operation Account, for maintenance and operation assessmen% and (b) the Reserve Account, for reserves for contingencies and the repair and replacemen: pf Iacilities and Improvements. The funds collected shall be deposited into the approprbte accounts and said accounts shall be separatelv maintained by the Association. Upon sale or transfer of any Lot by an Owner, the Owner's interest in such accounts shall be deemed automatically transferred to the successor Owner of such Lot. If the Board retains a professional management service, the Board may delegate the authority to deposit or withdraw funds to responsible representatives of such professional management agent. Said professional management agent may additionally be authorized to establish a common trustee account for deposit of assessments as col;ected. All funds shall be held in trust by the Association for the purpose for each assessment as hereinafter set forth. 10.14 Books of Account. The Board shall maintain full, complete and correct books of account of the operation of the Business Park. Said books and records shall accurately detail the receipts and expenditures affecting the Common Areas, specifying and itemizing the maintenance and repair expenses of the Common Areas and any other expenses incurred. The books of account shail be use and benefit of its Members and shall only be used for and applied to the specific i- I' 1: .i . - ;i. available for inspection by any Lot Owner during reasonable business hours. Any Lot Owner, or its duly authorized representative, may at any time and at its own expense 'k ?h .1. cause an audit or inspection to be made of the books and records of the Association for any period not previously audited. The Board may, at its option, cause an audit to be made at the Association's cost and expense. 10.15 Annual Statement. Within 120 days after the close of the Association's fiscal year, the Board shall prepare and distribute to each Member a balance sheet and operating (income) statement for the fiscal year, and a review of the financial statement of the Association, prepared in accordance with generally accepted accounting principles, if required under California Civil Code Section 1365. .. no- . . .- __ .. - .- . . ARTKLE 11 MAINTENANCE, RESTORATION OF LOTS i 11.1 Duty to Maintain. The exterior of all Improvements, the landscaping and the parking area, and all internal slopes on each Lot, other than Commoti Aveas, shall be regularly repaired (including replacements where necessary) ani maintained by each Owner in good, safe, siqhtly and well kept condition, in accordance with the approved plans and specifications for. such Lot (including, but not limited to, the landscape maintenance plan for the Street Setback Areas), this Declaration, the Rules and Regulations, the Specific Plan, and all other applicable City standards and regulations. Each Owner shall perform, at its sole expense, all brush maintenance on its Lot or on any adjacent 07r 7 <pace Lot which is required by the City or any other governmental agency in order to maintain a clear I I 11.2 Lateral Support. Each Owner shall maintain his Lot with sufficient landscaping and plantings so as to prevent any erosion upon his Lot which may result in damage to that Lot or to any adjacent Lot. No Owner shall perform any excavation upon his lot that will result in damage to any adjacent Lot. 11.3 Damaqe and Destruction; Duty to Rebuild. If all or any portion of a Lot or any Improvement on any such Lot, other than within the Common Areas, thereon in a manner which will restore them to a condition and appearance approved by the Committee and the City; (b)raze and remove the damaged or (c) any combination of the above. in a manner satisfactory to the Committee. The Owner of any Lot on which damaged Improvements are located shall be obligated to proceed with all due diligence hereunder, and such Owner shall cause cleanup andlor reconstruction to commence within three (3) months after the damage OCCUN and to be completed within nine (9) months after damage occurs, unless prevented by causes beyond his reasonable control. Improvements, restoring the Lot to substantially its original unimproved condition; 11.4 Insurance Obltqation of Owners. Each Owner shall insure hls e.- ____- _----- _--- ,- 228 ,' standard form of all risk insurance then in use in the State of California or under such other insurance as may be required under the terms of any Mortgagee encumbering his Lot. 11 5 Obliqation to Pay Taxes, Liens Each Owner shall pay, prior to d ?wquency, all real property taxes, assessments, special district charges and all other public, governmental, quasi-public or quasi-gowrnmental charges whlch ale or may become a lien upon the Owner's Lot and all other liens which may be or become superior to this Declaration or any amendments thereto If any Owner fails to timely pay any lien or charge as probided herein, the Association shall have the right to cure such default All costs and expenses, including attorneys' fees and costs, incurred by rhe Association in connection with said cure shall be a Noncompliance Expense and may be recovered by the Association as a Reimbursement Assessment against said Owner and his Lot as provided in Section 10 8 An Owner mayxontest the validity or amount of any taxes, assessments or charges and, in connection therewith, may defer payment thereof or pay under protest, provided that such Owner pays all taxes (including interest and penalties) which are determined to be due as+a result of said protest and protects the property from any lien by posting an adequate surety bond. 11.6 Performance By Board. If any Owner or Lessee fail i to maintain his Lo? or any Improvements thereon in the manner required by this Df claration, the Board shall notify the Owner or Lessee in writing by regis'ered mail that said Improvement or Lot is not being properly maintained. If such maintenance is not effected by the Owner or Lessee within thirty (30) days from the date of delivery of such notice to the Owner or Lessee, the Board, or its designee, shall have the right, to the extent permitted by applicabk laws, to enter upon the Lot for the purpose of maintaining, restoring or repairing said lmprovementsor Lot Entry upon the Lot by the Board or its agents or contractors for the purpose of maintenance or repair shall not be a trespass, and the Owner and all Lessees and Occupants shall be deemeu to have consented thereto The costs incurred by the Board in restoring, maintaining or repairing said Improvement or Lot, plus ten percent (10%) of such amount as an. allowance for overhead, plus interest at the rate specified in Section 12 4 and the, costs incurred by the Association to enforce this Article, including attorneys' fees and court costs, shall be payable to the Board upon demand, and shall be a charge on the land and a continuing lien on the Property on which the maintenance or repair was College Business Park ., ...- - - - -i 2?d5 i _..-- .. . made. The total amount shall also be the joint and several personal obligation Of the Owner and all Lessees and Occupants of the Site, except that the personal obligation for such amount shall not pass to successors-in-interest unless expressly assumed by them. Such sum shall also be a Noncompliance Expense and may be recovered by the Association as a Reimbursement Assessment agalnst the Owner and his Lot pursuant to Section 10.8. If the Board elects not to perform or cause to be periormed such work, the Av,ociation may pursue any other rights a4 remedies set forth herein or otherwise available bring an action at law or in equity to enforce the provisions of this Declaration. ARTICLE 12 ENFORCEMENT 12.1 Violation a Nuisance. The result of every act or omission whereby any provision of this Declaration is violated in whole or in part is hereby declared to be a nuisance. and every remedy allowed by law or equity against an Owner, Lessee or bccupant for nuisance, either public or private, shall be available to and may be exercised by Declarant, the Association, or any Owner. - 12.2 General Remedies. 12.2.1 Riqht to Enforce. The Declarant or the Association shall have the right to enforce, by all appropriate legal and equitabte proceedings, all conditions, covenants, restrictions, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. It is hereby agreed that money damages are an inadequate remedy for breach of any of the conditions, covenants and restrictions contained herein, other than a default in the payment of any assessment when due. Every Owner, Lessee and Occupant of a Lot subject to these restrictions express!y waives the benefit of California Code of Civil Procedure Section731(a) and any other comparable statute or rule, and agrees that such violation or breach may be enjoined whether or not monetary damages may be ,P provided or provable, 12.2.2 Inspection; Abatement by Declarant, Association. During reasonable hours, Declarant or the Association, or their duly authorczed agents, shall College Business Park 8-2260 have the right to enter upon and inspect any Lot and the Improvements located thereon for the purpose of ascertaining whether or not the provisions of this Declaration have been or are being complted with, and shall not be deemed guilty of trespass by reason of such entry Declarant shall give at least twenty-four (24) hours prior notice of such entry (except in the case of an emergency, when no advance notice shalt be required), unless the party in possesston cunsents at the time of entry Cedarant andlor the Association or their duly authorized agents shall have the right, bpon violation or breach of any restrtction set forth herein, if such violation or breach continues for a period of thirty (30) days after written notice thereof, to enter upon the Lot where such violations or breach exist. and summarily to take such action as may be necessary to bring such Lot or any Improvements or activities or Occupant thereof. Declarant andlor the Association, or thelr duly authorrzed agents, shall have the additional right at any time and from time to time following violation or breach of this Declaratron to prosecute a proceeding at taw or in equity against the Person or Persons who have violated or are attempting to violate any of the provisions ofthrs Declaration, to enjoin or prevent them from doing so, to cause said violation to be remedied, and to recover damages for said violation thereon into compliance with this Declaratlon, at the expense of the Owner, Lessee - 12.2.3 Owner's Remedies After written request to the Association to prevent any violation of this Declaration, and failure to act by Declarant or the Assoc;ation within fifteen (15) days of receipt of such request, any Owner shall additionally have all enforcement rights provided for In thrs Declaration. In addition, any other party to whose benefit this Declaration inures shall have the right, in the event of violation or breach of this Declaration, to prosecute a proceeding at law or in equrty against the Person or Persons who have violated or are attempting to violate this Declaration, to enjoin or prevent them from doing so, to cause said violatton to be remedied and to recover damages for 12 3 Collection of Assessments, Liens 12 3.1 Riqht to Enforce The right to collect and enforce assessments is vested in the Board acting for and on behalf of the Arsociatlon The Board or its authorized representative, can enforce the obligations of the Owners to pay assessments provided for in this Declaration by commencement and I n-. . _c_- - maintenance of a suit at law or in equity, or the Board may perfect a lien as described in Section 12.3.2 and foreclose such lien by judicial proceedings or through the exercise of the power of sale as described in Section 12.3.3. Suit to recover a money judgment for unpaid assessments may be maintained without foreclosing or waiving the lien rights. 12.3.2 Creation of Lien. If there is a failure to pay any assessment within thirty (30) days after the due date, the delinquent amounts, together with authorized representatives in the collection of said delinquent amounts, shall be a lien against such Lot upon the recordation in the Office of the County Recorder of San Diego County of a notice of delinquent assessment as provided in California Civil Code Section 1367. The notice of assessment shall not be recorded unless and until the Board or its authorized representative has delivered to the delinquent Owner(s), at least fifteen (1 5) days before recordation of the notice. a written notice of default and demand for payment, and unless the delinquency has not been cured within said fifteen (15) day period. late .charges, interest, costs and attorneys' fees incurred by the Board or its 12.3.3 Notice of Default; Foreclosure. After at least fifteen (15) days after the recording of the notice of delinquent assessment, the Board or its authorized representative may record a notice of default and can cause the Lot, with respect to which a notice of default has been recorded, to be sold in the same manner as a sale is conducted under California Civil Code Sections 2924, 2924b and 2924c applicable to the exercise of powers of sale in deeds of trust, or through judicial foreclosure, or in any other manner permitted by law. However, a5 a condition precedent to the holding of any such sale under Section 2924~. appropriate publication shall be made. In connection with any sale under Section 2924c. the Board is authorized to appoint its attorney, any officer or director, or any title insurance company authorized to do business in California as trustee for purposes of conducting the sale. If a delinquency is cured before sale, or before completing a judicial foreclosure, the Board or its authorized representative shali cause to be recorded in the Office of the County Recorder of San Diego County a certificate setting forth the satisfaction of such claim and release of such lien upon payment of actual expenses incurred, including reasonable attorneys' fees by the delinquent Owner. The Association, acting on behalf of the Owners, shall have the College Business Park 1. a- -- - -- Z?Yi power to bid upon the Lot at the foreclosure sale and to acquire. hold, lease, Mortgage and convey the Lot. 12.3 4 Subordination of the Lien to First Mortqaqes The lien of now 01 hereafter placed upon any Lot Subject to assessment which has been made in good faitti and for value and recorded in the Ofttce ui me San Diego County Recorder prior to the recordation of any such assessed lien, and the sale or transfer of any Lot pursuant to ~udicial or nonjudicial foreclosure of such a prior first Mortgage shall extinguish the lien of such asses~ments as to payments which became due prior to such sale or transfer No sale or transfer shall relieve such Lot from lien rights for any assessmerits thereafter becoming due nor from the Iten of any subsequentv assessment. Where the Mortgagee of a first Mortgage or other purchaser of a Lot obtains title to the same as a result of foreclosure, such purchaser and his successors or assigns shall not be liable for assessments chargeable to such Lot which became due prior to the acquisttlon of title to such Lot by such purchaser. assessment shall be subordtnate and sub~ect only to the lien of any first Mortgage 12.4 Interest All assessments and other monetary amounts which are not paid when due hereunder shall bear interest at the rate of twelve percent (12%) per annum, commencing thirty (30) days after the assessment or other monetary amount becomes due 12.5 Attorneys' Fees IP the event any legal or equitable proceedtng IS commenced to enforce or to restrain the violation of thls Declaratton or any restrictions or provision hereof, the losing party shall pay the attorneys' fees and court costs of the prevailing party in such amount as may be fixed by the court in such proceedings 12.6 Cumulative Remedtes, No Waiver The remedtes herein provided to enforce this Declaration shall be cumulative, and no such remedy is exclusive No delay or failure by Declarant, the Board, Association or any Owner to exercise any such remedy shall, under any circumstance. constttute a waiver of the right to enforce such covenant thereafter. 12 7 Enforcement by Ctty City, following a determination of the City Engineer or Director of Utilities and Maintenance that the Association or Owners of College Business Park I CI-. -____----- - -- -. Lots within the Business Park are in default of their duties and obligations to maintain the Common Areas and Common Area Improvements in the manner herein described, shall have the right, but not the obligation or duty, to enter upon such Common Areas and to undertake any work necessary to maintain such Common Areas or Common Area Improvements, all for the account of, and at the co,t and expense of the Lot Owners. Provided, however, that prior to entering upon the ummon Areas for the purpose of undertaking work necessary 10 maintain the Common Areas or Common Area Improvements, the City shall present to Declarant or the Association, as appropriate, a written notice which shall describe the nature of the default, shall set a date not less than ninety (90) days from the date of the presentation of such notices within which such time the Declarant or the Association may cure such default and shall specifically advise such entities that upon the failure to cure the defauk within the time frame set forth in the notice, the City may enter upon such Common Areas and perform such maintenance work to the Common Areas and Common Area Improvements all for the account of and at the cost and expense of said entities. Provided further, that in the event that any such person or entity, following receipt of such notice, wishes to protest determination of such determination to the City Council within ten (10) days of the mailing of the notice. , - default, such person or entity shall be entitled to appeal in writing wch (a) In the event the City shall enter upon the Common Areas and undertake the work maintaining the Common Areas or the Common Area Improvements following a determination by the City that the Declarant or the Association is in default of its duties and obligations, then each Lot Owner shall be liable to and shall reimburse City his OF her proportionate share of the costs associated with such default in accordance with Article 10. (b) In the event a Lot Owner shall fail to reimburse City for his or her proportionate share of any costs incurred by the City in curing said default, then City shall be entitled to make such reimbursable costs a lien upon the property of the Lot Owner benefited by such work by recording a notice that it has incurred reimbursable costs under the terms of this Declaration in the Official Records of the San Diego County Recorder. In addition to stating that costs have been incurred by City under the terms of this Declaration, such notice shall set forth the amount or until paid such reimbursable costs shall bear interest at the legal rate from the date College Business Park such reimbursable costs, the date they became due and payable, and shall state that B-2260 ne-. ~.-. . t such reimbursable costs became due until the date such costs are paid. Moreover, in the event a Lot Owner fails to reimburse the City for hie or her proportionate share of any costs incurred by the City in curing said default, then City may, in addition to recording a lien against such Lot, file a legal action seeking recovery of such costs; provided that, if the City is the prevailing party in such action, then City shall be entitled, as part of the settlement or judgment entered in such action, to interest on sucn costs computed at the legal rate plus reasonable attorneys ~CSS in an amount agreed to or fixed by the court. In addition to the foregoing, the City may seek equitable relief. (c) City's right to enforce the duties and obligations of Declarant or the Association, shall not preclude the City from entering upon the Common Areas, performing any work necessary to maintain the Common Areas and Common Area Improvements located therein, and to assess the Lot Owners for the costs of such maintenance work, all in accordance with the provisions of any special assessment laws now or hereafter enacted by the State of California or City ordinance, and the provisions of this Section shaff not constitute a waiver of the City's rights pursuant to such special assessment laws. - ARTICLE 13 T E R F.4, T E 9. h? I N AT1 0 N. AM EN EM E NT 13.1 Term of Declaration. Subject to the provisions of Section 13.2 hereof relating to amendments, this Declaration shall run with the land and shall continue in full force and effect until 5:OO p.m. on the twentieth (20th) anniversary of the date of recordation of this Declaration, and shatl be automatically extended far successive ten (10) year periadr unless, within six (61 months prior to the expiration of the initial term or any succeeding ten-year term, a written agreement executed by Owners owning seventy-five percent (75%) of the total acreage then subject to assessment hereunder is recorded in the Office of the County Recorder of San Diego County terminating this Declaration in whole or in part as to all or any portion of the Property. 13.2 Amendments. Any provision of this Declaration may be terminated, extended, amended or revoked ('amended') in any respect upon the College Business Park ~ . -.. - . - - - . . ,I nrr. QY, vote or prior written consent of the Owners holding seventy-five percent (75%) of the total voting power of the Association. Provided, however, that so long as Declarant owns record fee title to any portion of the Property or for a period of fifteen (15) years from the date of recordation of this Declaration. whichever is shorter, no such amendment shall be effective without the prior written consent of Declarant, No such amendment shall be effective iintil a written instrument setting forth the terms thereof, and including a certification by ciie President of the Association that Owners holding the required voting percentage have consented thereto, is duly executed by the Board and Declarant, in the event of Declarant's approval is required. ARTICLE 14 GENERAL PROVISIONS 14.1 Assiqnment of Declarant'$ Riqhts and Duties. Any and all of the rights, powers and reservations of Declarant set forth herein may be assigned to any Person, provided such assignee agrees in writing to accept such assignment and to assume the duties of Declarant pertaining thereto. An assignee may succeed to the same rights, powers and reservations and be subject to the same obligations and duties as are herein given to and assumed by Declarant, as a successor Declarant. provided such assignee: (a) holds or acquires record title to all or any portion of the Property; and (b; Declarant (or a successor Declarant) executes and records a document which expressly names such party as successor Declarant and assigns the rights and duties of Declarant hereunder. Notwithstanding any provision of this Declaration to the contrary. Declarant may, at any time, relieve itself of its rights and obligations under this Declaration by recording a notice stating that Declarant has surrendered said rightsand obligations and, upon the recording of such notice, even if it is not specified therein, said powen and obligations shall immediately vest in the Association. If at any time Declarant ceases to exist and has not made such an assignment, the rights and obligations of Declarant shall automatically vest in the Association. .. 14.2 Common Interest Subdivision. It is intended that California Civil Code Sections 1351 g seq. apply to this Declaration and the Business Park to the extent required by law. To the extent California Civil Code Section 1351 a seq. is applicable, the Business Park shall be a planned development type of common interest subdivision. 14.3 Constructive Notice and Acceptance. Each Owner, Lessee and Occupant, and every other person who now or hereafter owns or acquires any right, iitle, estate or interest in or to any portion of the Property, by acceptance of a deed, I. -? ir other intere;; therein, shall be conclusively deemed to have rcnsented and agreed to hold such title, leasehold or interest subject to and to comply with every covenant, condition and restriction contained herein and to the rights of Declarant - hereunder, whether or not any reference to this Declaration is contained in the deed, lease or other instrument by which such person acquired said interest in the Property. Every provision of this Declaration, regardless of its characterization herein, shall be deemed a covenant, condition, restriction, reservation, easement or servitude, as the circumstances may require to permit the enforcement thereof and to carry out the intent of this Declaration. 14.4 Declarant's Reserved Riqhzs. Wherever it appears in this Declaration that the Declarant has the right to waive compliance with certain provisions, the right to approve or deny certain matters or the right to exercise its discretion in various areas, these rights of the Declarant are expressly reserved or retained by the Declarant, and all of the provisions of this Declaration are subject to such retained and reserved rights. 14.5 Exhibits. All exhibits referred to herein are attached hereto and incorporated by reference. 14.6 Governino Law. This Declaration sha!l be governed, construed and enforced in accordance with the laws of the State of California. 14.7 Headinqs. The captions and paragraph headings used in this Declaration are inserted for convenience of reference only and are not intended to define, limit or affect the interpretation or construction of any provision hereof. 14.8 Mortqaqe Protection. No breach of this Declaratton shall defeat or render invalid the lien of any Mortgage now or hereafter executed upon any part of the Business Park except as provided in Sectlon 12.3.4 above. However, if any College Business Park B-2260 61 I. .. . ,_.....- - --7F --.___. - _--. a * portion of the Property is sold under a foreclosure of any Mortgage or is conveyed to g the party so secured in lieu of foreclosure, any purchaser at such sale, and his successors and assigns, shall hold any and all property so acquired subject to all of the restrictions and other provisions of this Declaration. Such a purchaser shall not be obligated to cure any preexisting breach of this Declaration which is non-curable by payment of r,ioney or of a type which is not practical or feasible to cure. Any loan ' +--;!itate the resale of any portion of the Property after a fc;ec!c:z*z sale or deed in lieu of foreclosure is a loan made in good faith and for value. If a Mortgagee delivers written notice of its Mortgage to the Board together with a request for delivery to the Owner or Owners. 14,9 Mutuality, Reciprocity; Runs With Land. Alt covenants, ... conditions, restrictions, reservations, easements and servitudes contained herein are made for the direct, mutual and reciprocal benefit of each and every portion of the Property; shall create mutual, equitable servitudes upon each Lot in favor of every other Lot; shall create reciprocal rights and obligations between the respective Owners of any portion of the Property, their heirs, successors, and assigns; and shall, as to the Owner of each Lot, his heirs, successors and assigns, operate as covenants running with the land, for the benefit of all other Lots. 14.10 Notices. Any notices required or permitted herein shall be in writing and either personally delivered or mailed, postage prepaid, by registered or certified mail, return receipt requested, addressed as follows: If intended for an Owner, to the last known address of the Owner. If intended for Declarant, to Huntington Beach Company, Attn: Project Manager, 18300 Von Karman Avenue, Suite 850, Irvine, California 92715. Mailing addresses may be changed at any time upon written notification to the Board. Notices shall be deemed received on the date of personal delivery or evidenced by receipt three (3) business days after 14.1 1 Notification of Sale. Concurrently with the consummation of a sale or transfer of any Lot or portion thereof whereby the transferee becomes a record title owner thereof, or within five (5) business days thereafter, the transferee shall notify the Board of such sale in writing. Such notification shall set forth the College Business Park B-2260 62 nr\ I- - 22Y 7 name of the transferee and the transferor, the location of the Property, the nature of the interest transferred, the transferee's mailing address. and the date of sale Prior to receiDt of such notification. any and all communicztions required or permitted to be given by the Board or the Association shall be deemed to be duly given to the transferee if duly and timely given to said transferee's traaisferor ' 14 12 Number, Gender As used herein, titc .viiyufar shall include the plural and the masculine shall include the feminine, wherever the context so * requires. 14.13 Severability. The provisions of this Declaration shall be deemed independent and severable, and if any competent court holds any provision to be invalid, partially invalid or unenforceable, such invalidity or unenforceability shall not affect or invalidate any other provision 14 14 Waiver Neither Declarant, the Association or any Member thereof, nor their successors or assigns, nor any Owner or Lessee shall be liable to any other Owner, Lessee or Occupant of any portion of the Property subject to this Declaration by reason of any mistake in judgment, negligence, nonfeasance, action or inaction In regard to the enforcement or failure to enforce the provisions of the Declaration or any portion thereof Every Owner, Lessee or Occupant, by acquiring his interest in the Business Park agrees that he will not bring any action or suit against Declarant, its successors and assigns or the Association or any member thereof, from time to time to recover any such damages or to seek equitable relief of one Owner against another This Section 15.14 shall not prevent the enforcement of any legal or equitable right College Business Park 8-2260 63 11/05/91 .-.^ ~ --_ - IN WITNESS WHEREOF, Declarant has executed this Declaration of Covenants, Conditions and Restrictions for College Business Park as of the date first set forth above. HUNTINGT~N BEACH COMPANY, __ _-- -- ‘-%A - STATE OF CAUFORNIA )ss COUNN OF ORANGE On November 26.1991 before me, Laune A cr8gg. d Notary hblrc for Ihe Stare. of Cdrfornrd. du/y commrrrroncd and sworn, penonally appeartd L. M Netherton and M K. Mayrr, penonally known Lo me Io be the penonr who execufed the wifhrn rnrfrumenl as Vrce-Presrdenf aid Arsrsfani Secretary OP behalf of Hunflngton Beach Company, fhe corporation fherern named, and rcknowleugedto me thrf fhe corporrfron rxecured!f W/Th’ESS my hdnd and OfflCld/ Kd/ -.re--- -.--- . --. . - . I 3 = a - - ~ - - - - - ~ ~ - ~ - - = s - I 1 1 l! :;;;[:A: RECC;?;; I ) 5;;; P:Ei;J CDLldTY RECCilCEfi'S ;ZFIC; ) ,!!.FE;TE E!l$z.S, C[ri;Ty EECG{cEq PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT said faaifity may include pipelines, pumping facilities, i 3/14/91 REV. \ . . .. -_. 1 XXATXON OF THE WE"?: The easemttnt granted herein shall be located within ptnd upon the properties more particularly described in Exhibit "A" and Exhibit "Bn attached hereto and by this reference made a part 3 4 5 hereof. 6 the ORANTOR this p€er-/&~. , I 14 21 22 23 24 25 26 s 27 28 cKWD 81-223 : /' (. Y 3 3/14/91 REV. : \, 1 .. . -. t 'r 1 > - .. ,' LEa&& XIEEI~ON C.P. 85-fl OX-BXTE UAm txHg ~BBEME~~T EsauBm w* . ALL THA'P RE2S PROPRETY SXTUATED XN 'fffEl CIW OF CARISBAD, COvNm OF PARCEL HAI? NUMBER 6331, FELBD SEPTEMBER 8, 1977 AS FIm NUMBER 77- SAN DIEGQt STAm OF CAluxFORNxA~ BEZNG A PORTION OF PARCEL 2 OF 369645 OF OFF3cCUL'~~RDSt IN THE OFPICE OF TEE CO- RECORDXR OF SAID SAN DXEW COUNTY, DESCFSBED As FOWWS: BEGI~XNG AT "XiE NOItTHWEST CORNER OF SAX0 PAR- 2 AS SHOWN ON SAID PAI(cEL MAP lTCMmFt 633l.t TBENCE: AUmG THE NOElTfIERtY I;IINE OF SXD PARCEL 2 NORTH 71° 27' 15" EAST 21.34 FZEZ To A WlINT ON A I;INE SAID PARCEZ 2: TBENCE ALONG SAID PABXUL =NE SOUTll 01" 53' 18" REST 842.80 )?Em!; !l!HZNCE IUWING SAID PARALmL m SOUTR 46* 53' THENCE NOR%% 88' 06" 42" WEST 12.00 FEET TO A POINT IN SATb WI3S-Y fixNE OF SAID PARCEL 28 THENCE ALONG SAID WESTERLY LINE TBAT IS 20.00 FEET EASTERLY AND PARUJiElt TO m WESTERLY LINE OF i I 18' WEST 11.31 F'BETJ 2?HENCE NORTH 01' 53' 18'' EAST 16a.28 FJZTi Nom 01' 53" 18: EAST 827.07 FEET 5'0 YHE MTNT OF' BZ&"ING. +Fa %4& LEROY C. BODAS 1P.C.E. 22312 3 CMWD 81-223 A&?& 2/2- o+l- 7 ( i\ -. 2 J ,>> %, ri >* - -- Olr 6: c, 7 .. :_ .' *." .. - . -. C&UFz?E Bus;llSES.. PWK c7 B&J7 I.. rn4V~~€ J@G? N 88486421W i. , , , -1. lm r 1. #88 35119S.977 stz . 12.800 = . 6766S9.245 #e 6. at.$ 4' 1*5318&*tZ 351191.988 #tL 351191.977 8zS 676659.245 Qts - 8.883 w , 16711.7'88 #8 H 71.2715€$.# 8.384 a2 676659.245 a# : m.om9 m I. *# i. *os 21.348 #t # I .I 35282% 382 ## * .3 5' 1.5318 rut** -1. #Z -1. Pgl 842.888 8tt 3. *** 351193.843 +ot 676678.959 ots S 46.5318WtZt -1. mat -1. &# 11.310 US 4. $28 351175.314 228 676678.782 us N 1.5318.G#; 1. *# 1. *# 16.288 mt 5. #* 351191.585 $# 676e7I. 236 $# ( ' 4fi\wa-zzp .: ._. :. ,_ *. ... . , . - __-.... '. . *_. . . . .*. @ *s A88e880r18 Parc Purpose; "&e easement granted herein shall be granted ( Said facility may include pipelines, pumping facilities, + alarms, lights, . The use shall .k. -. - ~ 1 , I.'./ / i \ k _-- The easement granted herein shall be located within and * - STATE OF CALIFORNIA 723 COUNTY OF ORANGE IS' i. on , before me, Josephine Koyal, 8 Notary Public for $i~%%'O~ %ifornia, duty coormissioned hnel Y and sworn, personally personalty v~er appeared on and knom ,030 be theysons &%executed e Sppretnrv the withh on behalf fnstrument Qf as - the 'corporation therein and man, n,,dH!%!ze that the corp6r&tion executed St 8 onre :.!.TJn t / / \ CERTIFICAmON FOR A CCEpTANca OF DEED “his is to oertify that the inter& in real property conveyed by the grant deed or I corporation to the carlsbad Municipal Water Mct, carlsbad, CaIiforda, a MunicipaI Water DisW Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on behalf of the CarIsbad Municipal Water District, Carlsbad, California, purzruant to authority conferred by Resolution NO.^ of the CarIsbad Municipd Water District adopted a January 28,1992, and the grantee OoIlsePts to recordation thereof by it‘s duly authorized officer. I d2&.&vJP& ALETHALRAWENKRAN~secretfUy CXiD 81-223 1 . - --_I I I IJmaL 088oRTlcrpI0~ C.2. 85rt7 OH BXTE WBTEB LI8E EmaBNT tsIcBIBXT *An 1 %'HAT PORTION OF W G OR RANC€lO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DXEGO, STATE OF CALIFORNIA, As SHOWN ON THE PAR!PITION HAY "HEREOF NUMBER 8231 FXLED IN THE OFFICE: OF TRE COoEsm RECORDER OF SAID SAN DIEGO COVNTY, NOVEMBER 16, 1896, DESCRIBED AS POISXIWS : BEGINNING AT A POINI! ON mE CEXPERKCNE OF COuNm OF SAN DIEGO ROAD SURVEY NUMBER 1534, KNOWN As PUllAR AIRPORT ROAD, ON FILE IN mfE EAST (NORTH 78' 20' 53" WEST PER SAID R.S. 1534) 1,177.59 FEET; %"CB LEAVING SAID -NE1 AT RIGH!C ANGLE, NORTfl 11' 39* 03" BAST 63.00 FEET TO A POINT ON - NORTHKRLY RIGHT OF WAY LINE OF SAID PALOMAR ~~R%' ROAD PER ~T EASEXENT FOR PUBLXC HIGHwAy, PUBLIC UlCTLIm RNI) INczDEmAL mSES, TO TKE CITY OF CARLSBAD RECORDED NOVEHBER 11, 1988 AS PXLE NUMBER 88-611267 OFFXCULL REcDRI3S OF SAID SAN DXEW COUNTY, SAID POINT BEING THE =WE POINT QF SEGXWrrm : TBENCE CON7!INUING NORTH 1l0 39' 03" EAST X03.08 FRET CONCAVE NOR!THJ%Sl'ERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 26' 07' 43" WEST; THENcf3 EASTERLY UNG TIEE ARC OR SAID CURVE THROUGH A CBNTRAL ANGLE OF iso 15' an, A DISTANCE OF 20.17 FEET TO A POINT IN THE ARC OF SAID CURVE TO WHICH A RADIAL LINE BEARS SOUTH 06* 52' 15" WEST: THENCE IZAVING SAID CURVE SOUTH If 39' 03" WEST 101.38 FEEXI! TO A FOlX!!2 ZN TBE -VI3 XENTXONED NORTHERLY RTGHT OF WAY WCNE OF PAIOW AIRPORT ROmt THENCE Ato" SAID RIGHT OF WAY LINE NORTH 78' 20' 57" WEST 20.00 FEET TO THE TRUE WrNT OF BEGINNXNG. OFFICE OB THE CWNTY ENGINEER OF SAID COUNTY, AT ENGINEERS STATION 78 5. 25.34 E.C. ; THFJJCE ALONG SAID CENTERLINE SOUTH 78O 20' 57" TO A POXLJT ON TIIE ARC OF A NON-TANGENT 6O.00 FOOT ZuulXUS CURVE, r CMWD 83-223 /’ i i i : .. . . , ,;:.:,,> .. ,:...: I 1 I \ 1- . .- -_ . TRAvR=? LO? 20423 5 I l.3983WW -1. m 181.388 6M 349795.538 *$s :. 67gm.e~ L** 5. m N ?8~20!i;tW~Lo 343795.533 #8 679483.881 m 28.868 W 349195.536 t# 679963.888 ?So f68.8126 # i: '1 -1. 868 1 -1. *St 2833.314 tts fill. 3983 E- 8.847 w 2. m 349988.52s ttt 673464.389 ut nl26.8743~+tt 1. # 1. S# 60.88% ttt 3. S# 349954.394 # Q9538.732 #a -19.1528 *$$ Me88 Sts -28.17 tst fi. 679583.554 I** &/2.No a-223 ( . .. I. Purpose: The easement granted herein shall be granted / \I 3/24/91 REV, ! '. I .. .. ..:. - ... ... . .. . .. said facility may include pipelines, pumping facilities, . ;> . i :.. .. .*. "2 . . ., . . - (i. ..I. . .. The easement granted herein shall be located within and by GRANTOR must be attached. ) / I ( ._.. .... . -- STATE OF CALIFORNIA COUNTY OF ORANGE Is8 On Dec r , before me, Josephine Hogd, a Notary Public for the?%,'b~'c",llfomia, duly commissioned and sworn, personafly apreared and -01 K. personally knovn tomone who executed% within instrument as the - , the co%poration therein namymk that the corporatioa executed it. ant Sorrrcav on behalf of and '- RV I I < \ 1. This is to certify that the interest in real property conveyed by the graat deed or easement, daiaiB!gl , from-. a California oxpxation to the CarIsbad Municipal Water Dhtrid, CarIsbad, califonria, a Municipal Water DMet Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on behalf of the CarIsbad Municipal Water Wc$ &Isbad, California, pursuant to auihorib mnferred by Resolution NO.^ of the Carlsbad MunicipaI Water District adopted on January 28,1992, and the grantee consents to recordation thereof by it's duly authorized officer. DATED: 3!c/19a WdD 81-223 1 , =GAL DESCRIPWOR C.T. 85-17 bb8IllE l!RTlIt LTW €W"l! EIfatXBXT "A" I THAT PORTION OF tolp G OF FUNCHO AGUA IIEDIONDA, XN THE CITY OF STATE OR CALIFORNIA AS SHOWN ON 1cEfts PARTZ'2IOrS HAP !WEREOF NUMBER 823, FILED IN TEE OFFICE OF THE COUNTY NOVEMBER 16, 1896 DESCRIBED AS cARI;sBAD, COfMTY OF SAN DIEM, RECORD= OF SAID SAN DIEGO CODNTY, I FOLUXIS: I BEGINNING AT T€E SOuTHERfiy CORNER OF LOT 76 OF CARESBAD PRACT 81- 46, ACCORDXNG TO MAP TXEXEQF NuM8ER 11289, FILED JIlLY 16, 1985 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNT!€, SAXD POXW BEING ON THE ARC OF A NON-TANGENT 1401.00 RADIUS CURVE, CONCAVE SotlTIFeAsTERLY, A RAD= LXNE TO SAID POmT BEARS NORTH 43' 32' 28w WEST; SAID CURVE BEING TIZE NOR!C€WESTE€&Y RIGX" OF WAY LW ZNCZDENTAL mJRpoSFS, TO TIlE CXm OF CARISBAD RECORDED ZULY 3, 1985 AS FILE NUl4BER 85-239994 OFFXCIAL RECORDS OF SArD SAN DXEGO COUNTY; l"CE SOuTHwBSTgRLY ALONG THE ApC OF SAID CllRVE THROUGH A CENTRAL ANGLE OF 09 02"51", A DISTANOE OF 50.07 FEET !PO A FOINT IN THE ARC OF SAID CURVE TO WCH A RADIAL LINE BEUG NORTH 45' 35' 19" WES'P, .SUD POXNT BEING THE !iTU'!3 PO TNT OF BEGINN ING; TRENCE CONTINUING SOUTHWESTERLY AMNG THE ARC OF SAID CURVE TRROUGH A IN THE ARC OF SAID CURVE TO WHICH A RADrAL LINE BEARS NOMY 4Gb 12' OF COLIJZGE BOWARD PER THAT EASEMENT, FOR PUBLIC HIGHWAY AND CENTRAL AXGU OF OOo 36 t 49", A DXSTANCE OF 15.00 IPEET TO A POINT I I 3 08" WEST1 =CE LBAVSNG SUD CURVE AND NORTHWESTERLY RIGHT OF WAY AND PARXLLEL WITEI THE SOUTHERLY rXNE OF THAT SAN DIEGO GAS L ELECTRXC COMPANY EASEMENT PER DOCU"2 NClMBER 49242 RECORDED APRfL COUNm: NORTH 49" 28' 18' WEST 347.72 FEET? THENCE NOP3H 00' 52' LINE OF COWGE BOULEVARD ALONG A LINE LYING 20-00 FEEC SOUTHWEST 15, 1954 M BOOX 5205, PAGE 419 O?FICIAL RECORDS OF SAID SP-N DXEGO 18" EAST 51.43 FEET TO TEE NORTHERLY LIXE OF THAT PARCEL OF LAND SHOWN AS DESCRIPTION NO. 3, 78.07 ACRES PER RECORD OF SURVEY MAP l"3ER 5715 ELED DECEMBER 3.9, 1960 IN TRE OFFICE OF SAID COUNTY RECORDER; THENCE AMNG SAID NORTHERLY UNE SOUTH 89' 07' 42" EAST 7.50 FEET; THENCE NORTH 41° 14' 29" EAST 11.58 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH OOo 52' 18'1 WEST 53-52 E'EEI? TO THE SAID SOuTHERty LINE OF HEREIN ABOVE IENTIONED SAN DIZGO GAS AND ELECTRXC COMPANY EASEMENT;l"CE ALONG SAID SOUTHERLY UNE SOUTH 470 28' 18" EAST 341-40 PEET TO THE TRUE POW2 OF BEGTNNXNG- WD 81-223 ,c i /fl/V. 2/2-00/- J/ I q ., - ,- - r a01 .. I .> , .% _-. -- .. - ~~ ~~. . .La. ( . . ,. .. a. *. CUUFGE ' &ZZNfi*s. PiVkK ~7 85- /F t . . .. . 5 45.3519E~ ,. I -I. rn 351481 599 NO i401.aM w 678468.282 tu 358196.984 8tt 6?9?35.?5? m8 H 8.521 e€ tst i, *# 51.430 #d -8.3649 am 1481.88 - 1. te 351453.823 ud h' 46.1208 WW 1. *M "la me 1401.800 S*t ' 678469,064 #8 s 8% 8742.~ ttt -1. tu 351166.558 tU 2. SSL 63'8724.533 a* hr 47.281 8 W*t* I. #S -1. dtt 347.726 a$* S1452.904 ($8 678476+564 sts 670468.283 tsb 331481,599 m ~'~458.2~ w 3. t*& 351461.516 a# 6784a.197 #a 9 8.5218vltu 140.3139 tu 53.528 M 5921.678 ;# 0.136 CUI 4. *aa 678483.383 t*b 351488.1e3 M 5 47.2a18f*t* -1. 88l 1. to2 ai.4ea tt: 351177.332 # 678734.976 w8 P'i 6 .? ?20 Do[ ll 1992-0133694 11 -nfi~-l~92 01~17 Pfl -._ d. blJ ..- -->: WHEN RECORDED, PLEASE HAIL TO: Fwrpose: The easement granted heroin shall bo granted 3/14/91 REV. f- I 4 E L 2 3 3 4 1 5 I s i 1 Said facility may incluc;: pipalines, pumping facilit structures desiqn-d to control the flow of water and all facili and structures associated with said use which are designeo facilitate the use and protect the facility from natural and 0% 20 ; 22 23 24 25 26 .: 0, \a 1j /// /// /// /// /// /// I 111 722 The rzscccnt grantee herein snail be iocatad within l7 APPROVED AS TO FOIU3: (Not; r ;hi ic:..,ovledgment a a 1 21 3 1 4! 5 I 6 I 722 1; LOCATION OF THE EASEMENT: I I The easezent granted nerein shall be located within and llpon the properti% more particularly described in Exhibit IiAIf and Exhibit rti3r1 attached hereto and bar this reference msde a part i nereoi-, 1 1; Execyted by the GRhVTOR this 72 day Qf fi~-?~p~fip. , 71 lo 11 12 13 14 15 .tG I _- MTrUA~l K MAWR A-cictani C-~~C~,... 724 - CERTIFICATION FOR ACCEPTANCE OF DEED -1 4 This is to certify that the interest in real property cGiiveyed by the grant deed or easement, dated i2/9/91 , from HUNTIffiW WaCH CCMPANY, a California - 1 1 1 1 Cowration -- - to the Carlsbad Municipal Water District, Carlsbad, Caiifornia, a Municipal Water District Act of 1911, as amended, is hereby accepted by the undersigned of€icer or agent on behalf of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to aiitbority conferred by ResG!ution N0.D of the Carlsbad Municipal Water L3istrict adopted 011 January 28, 1992, and the grantee conscnts to rccordatioil thereof by it's duly authorizcd off ice r. DATED: </q/?2 ALETHA L RAUTENKRANZ, Secrettiry CMWD 81-223 io i:' I I ?$. )* 4 e# 1, 10 i- 1 pa '$$ j Ld I ,@ : 1 i i 1 I- ,w X$-w--* ? .. I st 425 LEOAX, DE8CRIgTION C.T. 85.17 OM SITE WATER LIXE EkSEZ4ZICK' EgWZBIT *'A'' THAT PORTION OF TAT G OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNXA, 45 SHOhT ON THE PARTITION MAY THEREOF MBER 823, FILED IN THE OFFICE OF TEE CCUF!TV RECORDER OF SAXE SAN DXGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS : BEGINNING AT A POINT ON THE CENTERLINE OF COUNTY OF SAN DIEGO ROAD SURVEY NUMBER 1534, KNOWN AS PALQMAR AIRPORT ROAD, ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID CCUNTY, At ENGINEERS STP,TION EAST (NORTH 78O 20: 53" WEST PER SAID R.S. 1534) 1,177.59 FEET; THENCE LEAVING SAID C%>;TERLINE, AT RIGHT ANGLE, NORTH 1I.O 39' 03" EAST 63.00 FEET TO A POINT ON I?IE NORTHERLY RIGHT OF WAY LINE OF SAID PALQMAR AIRPORT ROAD PER THAT EASEMENT FOR PUBLIC HIGHWAY, PUBLIC UTILITY AND INCIDENTAL PURPOSES, TO THE CITY OF CARLSBAD RECORDED NOVEMBER 11, 1988 AS FILE NUMBER 88-611267 OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY, SAID POINT BEING THE TRUE PCINT OF BEGINNING; THENCE CONTINUING NORTH 11' 39' 03" EAST 103.08 FEET TO A POINT ON THE ARC OF A NON-TANGENT 60.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, k RADIAL LINE TO SAID POINT BEARS SOUTH 26' 07' 43" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CVTIVE THROUGH A CENTRAL ANGLE OF 13' 15' 28", A DISTAI?CE OF 20.17 FEET TO A POINT IN THE ARC OF SAID CURVE TO WHICH A RADIAL LINE BEARS SOUTH 06' 52' 15" WEST; THENCE LEAVING SAID CURVE SOUTH 11" 39' 03" WEST 3.01.38 FEET TO A POINT IN THE ABOVE MENTIONED NORTHERLY RIGHT OF WAY LINE OF PALOMAR AIRPORT ROAD; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 78O 20' 57" WEST 20.00 FEET TO THE TRUE POINT OF BEGINNING. 78 + 25.34 E.C.; THENCE ALONG SAlD CENTERIJNE SOUTH 78" 20' 57" c / fl -'a? * $&, / --. 'A24 - I, LERO: C. BODAS ' 4.u R.C.E. 223.2 CMWD 81-223 L/ 4 @A <s ii Qil F \ WGAT90b4 r= I-] E !3 1 a J\I I3 A -. -. . q -- ‘I ’ C&L_/FiE &?sALv’E53- ,%<%FK c7 c%--JT ‘*/ i. TR4VEiSE &J;p 270 { f3 YA=p E#SE#;Y/c I’ i \. I’ 728 S il.5?63W$r# -1. 4b* 349795.530 $tt 161.588 $*# 679363.088 tu 5. *St Id 76.2d5i Wttr 349745.533 tf8 I 1. dl* 679483.0Sf dss 20.860 trt 343i55.536 $11: 6794.53. @ti6 tt~ ! 1. St* I6S.blii $$* 349799.569 $it 8.803 gtt~ 673463.452 ttt 1 2033.314 iltt flf1.390ZEtte Ir.047 tS$ I -!- tS? ! I 8 -I. *$* I 1. #t4 1. *St 1BLBbO ttt , 2. bbt 679464.389 Std 349988.525 LS# i I r/ 25. G743Eisr 1. Sf* 1. ttt 60.888 $s# 3. t4rS 349954.34 tS# 67,951 8.232 t~ 7 -19.1528 $$* 60.86, S$t -28.17 ++$$ 9 S 6.5215Wzra -1. tSS .h 68, Ei?b ttt 4. tS* 39694. S25 $*$ 3 679583.554 $82 -. -!t Otl J ‘9 .d e 10 4 330 / &PSG E!4-%.2.3 w- , : a. tar District Purpose: The easement granted herein shall be granted said facility may include pipelines, pumping facilities, . - _._ - - .+ \ .;. . ..,I . fi~ eaament granted herein shall be located within ad . .. . , . . . .. , . . -- STATE OF CALIFORNIA COUNTY OF ORANGE )sa &l Decem et . 1991 , before me, Josephine Hoy81, a Notary Publfc for the Sbtate?of California, duly commissioned and T swom, personally personally 8pFeared and m-1 K. known ,,mons who executed% within instrument and on behalf of , the?%poratian therein t Sowe - d... ,.. . . .: .. . * i: .. 3 -1 I' 1 u3QAli DE8cRTPfpXOS 0.T. 85*%7 ON-SITI5 WATga tm EBBFHfml! I' EXEXBIT nlsn I THAT PoRTfoN OF XAT Q OF RAWCKO AGUA EEDXONDA, XN TliE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFO~Ui AS SHOWN ON W PARTZTION MAP THEReOF MtfMeER 823, FILED 23 T3E OFRXCE OF THE COUNTY RECORDER OR SAID SAW DIEGO CODNTY, NOVEMBER 168 1896 DESCRIBED AS FOLIXQWS: BEOXN"0 AT THE SOUTHERLY CKWR OF L6F 76 OF WBA~) *~CT 81- THE OFFXcE OF m com =CORDER OF SAID SAN DIEGO COUNTY, SAID PoXNzf BEING ON THE ARC OF A NQN-TANGENT 1401.00 RADIUS CURVE, CONCAVZ SOVI'HEASTERLY, A RADIAL IZNE TO SAID POXNT BaARs NORTH 43' OF COLLEGE BOULEV~ PBR TtIAT EASEMENT, FOR PUBLIC HXGEfWAY AND XNCIDENTAL mSES, TO TIfE CXTY OF CARISBAD RECORRED JULY 38 1985 TtlENcE SOvTHwESmY ALONG THE ApC OF SAID CURVE TRROUGH A CENTRAL ANGLE OF 02 02" fil", A DISTANOE OF 50.07 FEET "0 A FOINT IN THE WEST, .SAID WINT BEING THE !rRUE PoTNT OF BEGWINO; THENCE CONTIN[JXNG SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TKROUGH A CENTRAL ANGLE OF OOo 36' 49", A DISTANCE OF 15.00 FEE!t' TO A POINT IN THE ARC OF SAID CURVE TO WICH A RADIAL LINE BgAas NORTH 46" 12' 08" WEST; !IXENCE tEAvwG SAID CURVE AND NORTHWESTERLY XGHT OF WAY LINE OF COLLEGE BouLEvARfl AIDNG A LINE LYING 20.00 FEEEL' SOUTHWEST AND PRRAtfiEL WITH T&E SOUTHZRLY LINE OF TKAT SAH DIEGO GAS L ELEC3RIC COMPANY EASEMEHT PER DOCUMENT KUMBER 49242 RECORDED APRIL cOUN!l!Y: NORTtI 470 28' 18' WEST 347.72 PEET; THENCE NORTH OOo 52' NUMBER 5715 FILED DECEMBER 20, 1966 m THE OFFICE OF SAID COUNTY RgcoRDeRf 'JXENCIs AKING SAXD NORTHERLY LXm SOUTH 89 07' 42" EAST 7.50 FEET1 THENCE NOR!M3 41* 14' 29" EAST 131.58 FEET; THENCE LEAVING SAID NORTffERLY LINE SOUTH 00' 52' 18" WZST 53.52 FEE" TO THE SAID SOUTHEEUIY =NE OF HEREIN ABOVE MENTIONED SAN DIZGO GAS AND ELECPRIC COMPANY EAS~;TXiX?CE AIANG SArD SOUTHERLY LINE SOUTH 470 28' 18n 1 ! 46, ACCORDING TO MiU? THEilE3F NUMBER 3.1289, FILED JULY 16, 1985 XN 32' 2~ WEST: sArn CURVE BEZNO TEE NORTHWESTERLY RIGHT OF WAY LINE AS FILE NUMBER 85-239994 0mxcz-u RECORDS OF SAXD SAN DIEGO COUNTY~ ARC OF SAID CURVE TO WHICH A mriu LXNE BEARS NORTH 450 35' 19" I t .i l.5, PAGE 419 OFPICIAL =CORDS OF SAID SAN DXEGO 18" EAST 51.43 FEET TO TlIE NORTXERLY LIW OF TfIAT PARCEL OF LAND SIiOW? AS DFSCRIPTION NO* 3, 78.07 ACRES PER RE;CQm Or suRyE;y MAP 1954 Rs EQOX 5205, EAST 341.40 PEET TO TIB TRUe POINT OF BEGZNNING. R.C.E* 22312 CMWD 81-223 ( A.J?/v. 2/2-00/- // .. ~ we+wim= . I'. . ,.. . __ .... .,.. .. 9. C!UF&F sVS'fl~~~* PAFX e7 85- 17 t . . .. I Z?t/M9€ LJT 5 Wf?P *UNE €5#5F&H7- 3514a1.599 M; 678468.282 t:: ff 0.5218&11* 1, tu 1. SOI 51.438 8# 5. st8 350196.304 ## 67973.797 #8 -8.3649 a* 1401.85 #* -15.88 88$ -1. a8 i4ei.em s;: I 7. #: 351 166.558 SU s 89*0742€ ttt -1. tts 1.. Ut ?.&0 t# 2. # 678476.564 ttt : N 41.1429GLlt 1, w* 11.586 mt 3. -8 351461.616 w 678484.197 $a S 0.5218W# -1. #: -1. ut 53.528 # , 678724.533 a: H 47.281 $ WZU 1. *$a -1. m 347.7a st: 8. *St 351481.68f #; 351481.599 w ms2.9es tst I 578468.283 St8 578458.282 SU 5921.678 ,- 8.136 M 4. *# 35f488.183 8# 678483.383 m 5 47.2318Ettt -1. tvt 1. t9: 341.488 8- 3. m 351177.332 # 678734.976 *st ( IK LA 34 i.J'j:% iLcL IHli L-L'JL' t Chmn 4J Chevron Fax Cover Sheet Chevron Land and Development Company 1660 Hotel Circle North SJI San Diego. CA 92108 Phone 619 692 3811 Fax 619 692 0211 z Number of Pages (including cover sheet) To: rc;Lpr*JLL lmT-hldd From: M.M w Date: Time: Subject: Remarks: ll Pursuant to yoiir rpqiipqt I] For your conciirrence f] Please contact me f] Please hancile 13 Far your information ComwwbV d DelGLarkrby l%? hr ~'BzdOsd lw3 . kcr .- LW I 9 z 4 " COSJ7I)EUTIALITY TOTICE: The pages lucludd wth this facsimile trmmzissiou wdl coutaiu confrdeutid iulonuauou which IS 1eg;llly privdqtxi. The iufonuatlou i5 iuteuded ody for the use of the hdkidud or wtity nued above, ud inay c0nt.h hfomatiou that 15 pri\rieed. coufideutui aud exempt frow diwlosure uuder applicable iaw. If you are uot the iuteeded recipieut or the penou respi~sible for delireriq it to the intended recipient. IOU are hereby uotrfittd tht aiv didosure, reproductiou. distnbutiou or uge of my of the iufomatiou included slow with this facsllude tru\rnissiou is & pr*iliii)itpd. If )ou bate received this facsiude traumi*riou iu error. @caw hmediatelv notify the ahove seuder bl telephone md u.ul the origiual f,miuide trmwirsiou to the lame via the U. S. PohW Srvice. To confirm receipt or to report transmission failure call 619-692-381 1 '.]CIC' 21 '34 u5: 55 I,L;Ll 'SAP] ~lIEI;I:l STATE OF CALIFORNIA-THE RESOURCES AGENCY FEQRQE RRk Date February 3, 1989 C A t l FOR N I A CO A STA L COMM I SS 1 0 N SAN DIEGO COAST DISTRICT 1333 CAMINO DEL RIO SOUTH, SUITE 125 SAN DIEGO, CA 92108-3520 Application No. 6-88-1 24 (619) 297-9740 dR/I;/dc %Wi- 4 Page 1 of 4 NOTICE OF INTENT TO ISSUEPERMIT On September 15, 1988 , I he California Coastal Commission approved application of Huntington Beach Co. , subject the attached standard and special conditions, for the development described below: Description: Subdivision of I10 acres into 23 separate lots and site gradi (1 .l million cubic yards) to prepare building pads for an Lot Area 110 acres Zon i ng rpI Plan Designation Planned Industrial North side of Palomar Airport Road, west of the College industrial pork. Site: f3oul4vard intorsection, Carlsbad, Ean Diogo County. APN 21 2-041 -39 The permit will be held in the San Diego District Office of the Commission, pending fulfillment of Special Conditions 1-4 . When these conditions have been satisfied, the permit will be issued. CHARLES DAMM DISTRICT DIRECTOR BY (ljJ-TxJq& * NCi’i’ 51 ’34 1W:Uo &:<LI S#i DIECi:i NOTICE OF INTENT TO ISSUE PERMIT NO. 6-88-124 Page 2 of4 31ANUAKU CUNULlfONS: 1. Notice of Receipt and Acknowledqement. development shall not commence until a copy of the permit, signed by tl permittee or authorized agent, acknowledging receipt of the permit and off ice. years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a be made prior to the expiration date. Compliance. proposal as set forth below. Any deviation from the approved plans mu: be reviewed and approved by the staff and may require Commission appro! +. IrrtervreLaLiur!, AIIY quttb~~ons of intent or interDretation ot any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the sit€ and the development during construction, subject to 24-hour advance not 6. Assiqnment. The permit may be assigned to any qualified person, provia assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions sha be perpetual, and it is the intention of the Commission and the permitt to bind all future owners and possessors of the subject property to the terms and conditions. The permit is not valid and acceptance of the terms and conditions, ir returned to the Commission 2. Expiration. If development has not commenced, the permit will expire t roasonablc period of Cimc. Application Tui- entcli3 iutl uf tlw peritii i iiiu: 3. All development must occur in strict compliance with the SPECIAL CONDITIONS: The permit is subject to the following conditions: 1. Open Space Deea Restriction/Steep Slopes. Prior to the issuance of the coastal development permit, the applicant shall record a restriction against the subject property, free of all prior liens and encumbrances, exc for tax liens, and binding on the permittee’s successors in interest and an subsequent purchasers of any portion of the real property. The restriction shall prohibit any alteration of landforms, removal of vegetation or the erection of structures of any type without the written approval of the California Coastal Commission or its ruccessor in interest in the areas to retained in their natural state, pursuant to the approved grading plan, as shown on the attached ExhibSt $3. The recording document shall include leg descriptions of both the applicant‘s entire parcel(s) and the restricted ar and shall be in a form and content acceptable to the Executive Director. Evidence of recordation of such restriction shall be subject to the review written approval of the Executive Director. ;{c)', 21 '94 113:01 I,L&Ll ':,tqi cIEl;Q NOTICE OF INTENT TO ISSUE PERMIT NO. 6-88-124 Page 3 of 4 SPECIAL CONDITIONS, continued 2. Drainaqe and Erosion Control. A. Submittal of Plans Prior to the issuance of the coastal development permit, the applica shall submit, for the review and witten approval of the Executive Director drainage and erasion control plan for the project, including associated roa and utilities, 1980 Master Drainage Plan for the City of Carlsbad, including the Model Erosion Control Ordinance contained io the plan. Said plans shall include: The plan shall be prepared and reviewed in accordance with 1) hydrology and hydraulics, tnihich would assure no increase in peak runoff rate from the developed site over the greatest discharge expected from. existing undeveloped site as a result of a IO-year, 6-hour frequency storm. Runoff contro't shall be accomplished by a variety of measures including, but not limited to, on-site catchment basins, detention basil siltation traps and energy dissipators. 2) providing the on-going repair and maintenance of any approved drainage a erosion control facilities. If the off-site or on-site improvements dTE not to be accepted or maintained by a public agency, detailed maintenam agreements binding the applicants and their successors in interest shall be secured prior to the issuance of the permit. Such agreements shall t subject to the review and written approval of the Executive Oirector. 3. A plan and map for the placement of protective fencing, on a tempora basis, along the steep sloping areas to be retained in open space, pursuant to Special Condition #I of this permit. The plan shall specifically prohibit operating or parking earth-moving equipment withir or through these areas, stockpiling of earthwork or other disturbance within open space areas. The plan shall provide for the placement of fencing prior to any earthwork, grading or site clearance. Coordination with the area office staff of the Coastal Commission shall also be provided, in order to allow for a field inspection after said fencing is in place, but prior to Commencement of grading, to assure compliance wit the intent of these special conditions. 5. Grading Activities. For all phases of construction, the appljcant shall comply with these A runoff control plan designed by a licensed engineer qualified in Detailed maintenance arrangements and various alternatives for additional provisions on grading and erosion control: 1. All permanent runoff and erosion control devices shall be developed and installed prior to or concurrent with any on-site grading activities. NO\) 21 "34 10: 02 I,LZ.T, '%N DIEl:O NOTICE OF INTENT TO ISSUE PERMIT NO. 6-88-124 Page 4 of 4- SPECIAL CONDITIONS, continued: 2. A11 gradjng activities, including that required for streeks and utilities, shall be prohibited within the period from October 1st to March 31st of each year. 3. All areas disturbed by grading, but not completed during the construction period, shall be planted and stabilized prior to October 1st with temporary or permanent (in the case of finished slopes erosion control measures and landscaping. The use of temporary erosion control measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins and silt traps, shall be utilized in site. Said planting shall be accomplished under the supervision of a licensed landscape architect and shall consist of seeding, mulching, fertilizatil and irrignCion adequete to provide 90 percent covcrage within 90 days. Planting shall be repeated, if the required level of coverage is not estaDiisnea wirnin znat YU oay periou.. This requirement shall apply to all disturbed soils, including pursuant to Special Condition #3 of this permit. In addition to revegetation of a1 1 manufactured slopes and stock piles, revegetation o graded pad areas may be required upon a written determination by the Executive Director that planting is necessary either to assure adequate erosion and sedimentation control or to maintain the scenic integrity 01 the site. 3. LandscaDing Plan. Prior to the issuance of the coastal development Dermit. the armlicant shall submit a detailed IandscaDe alan indicating the type, size, extent and location of all plant materials and irrigation syster to be used in the landscaping of the manufactured slopes of the site. Drou( tolerant plant materials shall be utilized to the maximum extent feasible. The landscape plan shall include the use of plant material suitable to creal an intermittent landscape buffer between the graded pad areas and the surrounding roadways. Said plan shall be subject to the review and written approval of the Executive Director. cnnjiinrtinn with pl~ntingr to minimize soil lass frnm tho cnnc;triirt.ion >LuLkpile>. All plaiitiiiy >liatl LuiircIrIt1 Lu ail appruvtd laiiJ>Lap\iry c)IaII 4. Specific Plan Revisions. Prior to the issuance of the coastal development permit, the applicant shall submit documentation that General Provis:ion #10 of the Specific Plan for the subdivision has been revised to read : All proposed development shall comply with the policies of the underlyir Local Coastal Program and shall be reviewed through the coastal development permit review process. In the event that there is a conflic between the provisions of this Specific Plan and the certified Local Coastal Program, the more restrictive standard shall apply. Evidence of such revision shall be subject to the review and written apprcvs of the Executive Di rector (1 483N) tqiy' 2: '34 1TJ:O.l: l;L&D 3RN DIEGO _- GEORC STATE OF CALIFORNIA--THE RESOURCES AGENCY CALI FORNl A COASTAL COMMISSION SAN DIEGO COAST DISTRICT 1333 CXMlNO DEL RlCl qC)IITW SAN DIEGO. CA 92108.3530 (619) 297-9740 SUITS 135 - - . -~ rr-" - .. 1 /J . ,::I- COASTAL PERMIT EXTENSION WN Exmad 1ci4 Q Mr. Rudy Guei-1-eru Badas Engineerjng 1921 Palomar Oaks Way, Suite 370 Carlsbad, CA 92008 Re: EntenJiurl Request for rermlt No. 6-88-124 The Executive Ulrector has determined that there are no changed circums affectirrq tlir iorlfnrmf+y nt tho cubjcct dcvelopmcnt wittl Llrc Cal iforrila Coac+al Act. No objections to this deterulirlation have been received at Commission office. Therefore, the Executive Director grants a one year extension of the subject permit, subject to the same conditions approvec the Commission, to expire on a. - July 13, 1991 PETER DOUtLAb Executive Director By: U.UY\ Date: Auqust 23, 1990 cc: File (2302N) NO') :1 "34 143: 04 ':L:Ll Sap1 ~lIEl;lg '/ STATE OF CALIFORNIA-THE RESOURCES AGENCY CAllFORNIA COASTAL COMMISSION AMENDMENT TO COASTAL p SAN DIEGO COAST AREA DEVELOPMENT PERMIT NO. 6-88.9124-A 3111 CAMINO DEL RIO NORTH, SUITE 200 PETE WI1 Page I of 2 -.J SAN DIEGO. CA 92108-1725 (619) 521-8036 &trrgwm 1% J On July 16, 1991 , the California Coastal Commission granted t Huntinston Beach Co. this permit for the devetopment described below, subject to the attached Standard and Special Conditions. Origina i Subdivision of 110 acres into 23 separate lots and site gradi Project : to prepare building pads for an industrial park. Proposed Extension of one internal road to intersect with Hidden Valle Amendment: Road; addition of new internal street; deletion of Hidden Val Road extension; revision of parcel boundaries to reflect new road system. Lot Area 110 acres Zoning PM Plan Resignation P tanned Industria I Site: North side of Palomar Airport Road, west of the Cof lege Boulevard intersection, Carlsbad, San Diego County. APN 21 2-041 -39. Issued on bebalf of the California Coastal Commission by PETER DOUGLAS Execut i ve I)i rector and IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT ttAS BEEN RETURNED TO THE COMMISSION OFFICE. ACKNOWLEDGEMENT The undersigned permittee acknowledc receipt of this permit and agrees tc abide by all terms and onditions thereof. , & C.LPk i qat e of Permil 4 bky)' 2: '94 1u:DF 13L5D SQiI DIEGO AMENDMEN] TO COASTAL DEVELOPMENT PERMIT NO. 6-88-1 24-A Page 2 of 2 - STANDARD CONDITIONS: I. Notice of Receipt and Acknowledgement. The permit is not valid and development shal 1 not commence unti I a copy of the permit, signed by t permittee or authorized agent, acknowledging receipt of the'permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Exniration. If development bas not commenced, the permit wiH expire years from the date on which the Commission voted on the application. Development shall be pursued in a diliyerit manner and completed in d reasonable period of time. be made prior .t~ the expiration date. proposal as set forth below. Any deviation from the approved plans mu be reviewed and approved by the staff and may require Commission appro condition wi I I be reso tved by the Executive Director or the Commission Xnspections. The Commission staff shall be allowed to inspect the sit( and the development during construction, subject to 24-hour advance no' Appiication for extension of the permit mu 3. Compliance. All development must occur in strict compliance with the 4. Interpretation- Any questions of intent or interpretation of any 5. 6. Assisnrnent. The permit may br: as3iyrtrd Lu airy qualified pets~n, pruvik assignee files with the Commiqsinn an affidavit acrppting all terms ani ronditionr of tho permit. 7 T~ms and Cnnditinnr Run with the Land, Those termr and conditionr ch be perpetual, and it is the intention of the Commission and the permit. to bind all future owners and possessors of the subject property to thi term and cend4Cians. SPECIAL CONDITIONS: NONE I8403P) ;~'s,/ ~1 ''3.1 1Q:UG CLZI) SQN DIEiX .IATE OF CALIFORNIA-THE RESOURCES AGENCY GEORGE DEUK CALI FO RN I A COA SfA t COMM f SSION SAN DIEGO COAST DISTRICT 1333 CAMINO DEL RIO SOUTH, SUITE 125 SAN OIEGO, CA 92108-3520 (61 9) 297-9740 NOTICE OF COMMENCEMENT OF CONSTRUCTION I/We hereby notify the CALIFORNIA COASTAL COMMISSION that I/We began the development authorized by Permit Number on and that the development will he completed in accordance with any conditions imposed in the permit. Date Construction Began Fignz~turo OC hpplican+ 01- Representative Date