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HomeMy WebLinkAbout2000-08-01; City Council; 15851; Poinsettia Lane Reach and DeJong ProjectCl,: OF CARLSBAD -AGENDA ;LL AB# &‘ir,sl TITLE. . STOCKPILE AGREEMENT MTG. %- 1-00 CARLSBAD TRACT CT 98-OWDP 00-l 8 POINSETTIA LANE REACH “c” DEPT. ENG RECOMMENDED ACTION: Adopt Resolution No. do@-d50 approving the stockpile agreement for Carlsbad Tract CT 98-OWDP 00-l 8, Poinsettia Lane Reach “C”, and authorizing the City Clerk to process the agreement for recording. ITEM EXPLANATION: Engineering staff has completed checking the stockpile agreement for Carlsbad Tract CT 98-OYCDP 00-18, also known as DeJong Project and Poinsettia Lane Reach “c”. The DeJong Project is an approved subdivision for residential development. This subdivision is located within Local Facilities Management Plan (LFMP) Zone 20 and is generally located at the northeast corner of Black Rail Road and Poinsettia Lane. Poinsettia Lane Reach “C” is a segment of roadway between Black Rail Road and Ambrosia Lane. The stockpile agreement conforms to the General Plan, all the applicable requirements of the Municipal Code, City Standards, and Growth Management Plan. The applicant is requesting the recordation of said stockpile agreement. ENVIRONMENTAL REVIEW: The stockpile agreement conforms substantially with the coastal development permit (CDP 00-18) for the stockpile grading. The proposed stockpile grading was deemed in prior environmental compliance with the project’s negative declaration (CT 98-05) dated June 10, 2000. FISCAL IMPACT: The developer pays a plancheck fee to cover the expense of planchecking and processing the stockpile agreement for recording. There is no fiscal impact to the City. All appropriate fees will be paid if and when grading permits are issued for this project. EXHIBITS: 1. 2. Location Map. Resolution No. a-dsb approving the stockpile agreement for Carlsbad Tract CT 98-051CDP 00-18, DeJong Project, Poinsettia Lane, Local Facilities Management Zone 20 and authorizing the City Clerk to process the agreement for recording. 3. Agreement Between Owner, Developer and the City of Carlsbad for an Uncontrolled Stockpile (Coastal Zone). ---_./-* ___- -. .___... ---- -_. --__ --.-- -.__ PROJECT NAME DEJONG, POINSETTIA LANE F;F& EXH'B'T STOCKPILE AGREEMENT CDPOi-18 I IWN By: SCOTT EVANS, CARLSBAD ENGINEERING DEPT 6,'27/00 C:\DWG14\CJ96-05.DWG 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. 2000-250 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE STOCKPILE AGREEMENT FOR CARLSBAD TRACT CT 98-05/CDP 00-18, POINSETTIA LANE REACH “c”, AND AUTHORIZING THE CITY CLERK TO PROCESS THE AGREEMENT FOR RECORDING. WHEREAS, Arie DeJong, Jr. Family Trust has submitted a stockpile agreement for Carlsbad Tract CT 98-05/CDP 00-18, Poinsettia Lane Reach ‘C”, to the City of Carlsbad for approval; and WHEREAS, a Negative Declaration was approved for CT 98-05 was approved by the Council on May 11, 1999 pursuant to Resolution No 99-161; and WHEREAS, the City approved a coastal development permit (CDP 00-18) for the stockpile grading and determined that the proposed grading is consistent with project Negative Declaration ; and WHEREAS, the Public Works Director has determined that said agreement substantially conforms to the approved Subdivision, Negative Declaration, and Coastal Development Permit; and WHEREAS, the conditions of approval for said CDP have been completed or secured; and WHEREAS, the City Council of the City of Carlsbad determined it to be in the public interest to approve said agreement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Manager is authorized to sign stockpile agreement. ill Ill Ill -. 1 2 3 4 5 6 7 8 9 10 11 12 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the City Clerk is authorized to cause the original stockpile agreement to be recorded in the Office of the County Recorder of San Diego County, State of California. After document recordation forward copies of said agreement to the Engineering Department and . PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 1st day of August , 2000 by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin NOES: None ATTEST: y+&J&h.m WOOD, City Clerk ww Records Management Department September 11,200O Gregory J. Smith San Diego County Recorder Post Office Box 1750 San Diego, CA 92112-4147 Enclosed for recordation are the following described documents: AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR AN UNCONTROLLED STOCKPILE APN 215-080-31-00 Project No. 81 Name CDP 00-18 Poinsettia Lance Reach C - Stockpile Permit Also enclosed are instructions on how the City is to be billed for the recordation fees incurred. Thank you for your assistance in this matter. Sincerely, Sr. Office Specialist Enclosures 1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 49 May26 1984 RECORDING FEES FOR THE CITY OF CARLSBAD Al-TN: Al Arocho Program Development Specialist Per an existing agreement between Scott Evans of the Cii of Carlsbad Engineering Department and Margaret Stahl of the San Diego County Recorder’s Office, dated March 6,lQQQ. please charge all recording fees on documents recorded for the Cii of Carlsbad tc the City of Carlsbad. The Cii of Carlsbad contact person is Frank Jimeno at telephone number 61 Q-436-l 161, extension 4501. Please fonmrd charges to: CITY OF CARLSBAD ENGINEERING DEPARTMENT ATTENTION: FRANK JIMENO 2975 LAS PALMAS DRIVE CARLSBAD, CA 92009-1576 i SHERRI HOWARD Associate Engineer 2075 Las Palmas Dr. l Carlsbad. CA 92009-l 576 l (619) 438-1161 - FAX (619) 438-0894 6a LEGAL DESCRIPTION E?iHIlW “A” THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: TIfAT PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SA!! BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 3 OF SAID SECTION 22 AS SHOWN AND ESTABLISHED ON RECORD OF SURVEY MAP NO. 12096. FILED IN THE OFFICE OF THE COUNTY RECORDER MARCH 23,1989, SAID CORNER BEING MARKED BY A 2 INCH IRON PIPE WITH CAP STAMPED “L.S. 3189 X/2M AHR 1979”; THENCE ALONG THE NORTH LINE OF SAID SECTION 22, SOUTH 89“ 24’12” EAST, 1347.66 FEET (NORTH 89“ 24’ 08” WEST, 1347.71 FEET PER R OF 13762) TO A ‘/z INCH REBAR ESTABLISHING THE EASTERLY LINE OF LOT 2 OF SAID SECTION 22 PER RECORD OF SURVEY MAP NO. 13762, FILED IN THE OFFICE OF THE COUNTY RECORDER MAY 14,1992; THENCE ALONG THE EASTERLY LINE OF LOT 2 AS ESTABLISHED PER SAID RECORD OF SURVEY MAP NO. 13762, SOUTH 00“ 47’ 07” EAST PER R OF S 13762), 1114.12 FEET TO A % INCH REBAR ESTABLISHING THFi SOUTHEAST CORNER OF SAID LOT 2 PER SAID RECORD OF SURVEY MAP NO. 13762; THENCE NORTH 86” 55’ 26” WEST 1337.37 FEET (NORTH 86“ 55’36” WEST, 1337.72 FEET PER R OF S 13762) TO SOUTHEAST CORNER OF SAID LOT 3, SAID CORNER BEING MARKED BY % INCH IRON PIPE MARKED “R.C.E 8210” AS SHOWN AND DESCRIBED ON SAID RECORD OF SURVEY MAP NO. 12096; THENCE NORTH 01” 29’12” WEST (NORTH 01” 28’ 59” WEST PER R OF S 12096), 1056.64 FEET TO THE POINT OF BEGINNING. SAID PROPERTY IS DESCRIBED AS PARCEL “C” IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 A FILE NO. 1997-0106632 OF OFFICIAL RECORDS. CALlFORNlA ALL-PURPOSi ACKNOWLEDGMENT personally appeared Name(s) of Spner(s) Y personally known to me - OR - 0 ye basis 1) whose name(s) is/are subscribed tothe 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 the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though lhe information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: 0 Individual 0 Corporate Officer Title(s): Cl Partner - 0 Limited Cl General El Attorney-in-Fact Cl Trustee Cl Guardian or Conservator 0 Other: Signer Is Representing: lop of lhumb here Signer’s Name: Cl Individual El Corporate Officer Ttle(s): 0 Partner -D Limited 0 General Cl Attorney-in-Fact Cl Trustee Cl Guardian or Conservator Cl Other: Signer Is Representing: 0 1994 Nalional Nolary Association a 9236 Remmel Ave.. P.O. Box 7184. Canoga Park. CA91309.7184 Pral. No. 5907 Reorder: Call bIbFree 1-800-876-6827 ? .- Gregory J. Smith COUNTY OF SANDIEGO ASSESSOR/ RECORDER/ COUNTY CLERK ASSRSSOR’S OFFICE ~CORDER/~UNTYthRK'SOFFICE 1600 Pacific Highway, Room 103 www.sdarcc.com 1600 Pacific Highway, Room 260 San Diego, CA 92101-2480 I P.O. BOX 121750 9 San Diego, CA 92112-1750 * Tel. (619) 23G3771 l Fax (619) 5574056 Tel. (619) 237-0502 l Fax (619) 5574155 Correspondence Number: 888279320000915 September 15, 2000 CITY CLERKS OFFICE 1200 CARLSBAD VILLAGE DR CARLSBAD, CA 92008 .I . . Dear Sir/Madam: We are returning your document unrecorded for the following reason(s): The attached copy of the map is illegible for imaging. For your convenience, recording fees, commonly used document forms and document requirement information is available on our website which is shown above. % Thank you for your cooperation in resolving this matter. Please return this correspondence with your document(s). If you have any questions, please call our Customer Service Desk at (619)238-8158 and press 0. Very truly yours, &fiy& ,' ~, ' ,?<. ,i h+ 3 i ,v e~uw D&uty ReForder Enclosure(s) Branch Ojjfices Available To &me You t%UI.A VISTA ELC~JON 344 “F” Street, Suite 200 198 West Main Street, Suite 101 Chula Vista, CA 91910-2646 El Cajon, CA 920203316 (619) 4982200 (619) 401-5700 -b%lLSA 5473 Kearny Villa Road, 3rd Floor San Diego, CA 92123-1142 (858)505-6262 SAN MARCOS 334 Via Vera Cruz, Suite 150 San Marcos, CA 92069-2638 (760)940-6868 8. POWERS OF TRUSTEE: With respect to each trust created by this Agreement, and the property of each trust, Trustee shall have all powers given it by law and all powers which may be exercised by individuals owning similar, property In their own right. WithouJ, restricting the wneralfty of the foregoing, the foJJowlng powers are set forth, by Way of illustration of the extent of powers granted and not by way of limitation, to be exercised from time to time by Trustee In its discretton: 8.1 TO RETAIN PROPERTY. TO retain, without liability for loss or depreciation resulting from such retention and wifhout regard to diversffication, property received in kind, whether or not of the character prescribed by law for investments by fiduciaries. 8.2 TO OPERATE BUSINESS. To engage in any business or other enterprise at the risk of the Trust estate as sole proprietor, general or limited partner, principal or stockholder; to effect Incorporation, dtssolution or other change in the form of organiration of the business or enterprise. 8.3 TO SELL, EXCHAtGE, REPAIR, ETC. To manage, control, grant options on, sell (for.cash or on deferred payments), convey, exchange, dedicate to public use, partitlon, divide, subdivide, improve and repair Trust property; to erect or raze improvements and .to create restrictions, easements and other servitudes, without or without consideration. 8.4 TO LEASE. To lease Trust property for terms within or beyond the term of the Trust and for any purpose, in&ding exploration for and removal of gas, oil and other minerals: to enter in community oil leases, pooiing and unitizations agreements; 8.5 TO BORROW. TO borrow money from any lenders Including the Trustee, and to encumber or hypothecate Trust property by mortgage, deed of trust, pledge or otherwise, 8.6 TO INSURE. TO carry, at the expense of the Trust, Insurance of such kinds and in such amounts as the Trustee deems advisable to protect the Trust estate and the Trustee agai?st any hazard; to apply for, own, receive as a part of the Trust assets,’ hold and/or pay premiums upon life insurance in any form and upon the life of any person or persons. . 8.7 TO COMMENCE OR DEFEND LlTfGATlON. Jo comments or defend litigation with respect to the Trust or any propew of the ‘trust estate at the expense of the Trust; to compromise, settle, cohtest, abandon or otherwise 2 adjust any claims or litigation against or in favor of the Trust; to enforce any mortgage. or deed of trust or pledge held hereunder; and to purchase at any sale thereunder any praperty subject‘thereto, 8.8 TO MAKE INVESTMENTS. To invest and reinvest the Trust estate in every kind of property, real, personal or mixed, and every kind of investment, specifically including corporate obligations of every kind, stocks, preferred or common shares of investment trusts, investment companies, mutual funds, mortgage participations, and common trust funds of the Trustee. 8,9 T3 MANAGE SECURITIES. With respect to securities held in the Trust, to have the power to VOt8, give proxies and pay assessments; to partlcipats in voting trusts, pooling agreements, foreclosures, reorganizations, consolidations, mergers, Ilquldations, sales and teases; to deposit securities with and transfer title to any protective or other committee; and to exercise or sell stock subscription or conversion rights. 8.10 TC, HOLD PROPERlY. To hold securities or other property in bearer form, In the Trustee’s OWN name or in the name of its nominee, with or without dIsclosing any fiduciary relationshIp. 8.1-l TO DIVIDE AND DlSTRlBUTE IN KIND. To make any division or distribution of Trust property In kind, including undivided interests In any property, or parti)! in kind and par’tly fn money; and to sell property to make such distribution ot division. 8.12 TZ EMPLOY AGENTS. To emptpy agents, experts and counsel, Investmen: or legal, even though they may be sssociated with, employed by, 01 counsel foY any of the Trustees or any of the beneficiaries of the Trust estate; and to make reasonable and proper payments to such agents, experts or counsel for services rendered, I 8.13 10 SET UP RESERVES, TO set UP, out of the rents, profits, or other income received, If any, reser\les for taxes, assessments, insurance premiums, repayments or mortgage or other Indebtedness, repairs, Improvements, depreciation, obsolescence, and general maintenance of bulldlngs and other property, and for the equalization of payments to or for beneficiaries entitled t:] receive income. 8.14 TC1 DETERMINE VALUE. To determine the market value of any Investment of the Trust estates for any purpose on the basts of such quotations or Inform&ion as the Trustee may deem pertinent and’ reliable without any limitation whatever. 3 -- . - -- ‘* . -..a 1- ,-- 8.15 TO PAY COSTS. To pay all costs, charges and expenses of the Trust. estates any pay or COmprOmiSe afl taxes pertaining to the admfnistration of the Trust estates which may be assessed agalnst them or against the Trustee on account of the Trust estates or the income thereof, &I6 TO DEAL VVlTH ESTATES AND TRUSTS. To enter Into any transaction authorized by this Article wifh Trustees, ,executors or administrators of other trusts or estates in which any beneficiary of this Trust agreement has an Interest or which by its’t’erms distributes to any trust estabtished by this agreement, even though Trustee also serves the other trust or estate in a fiduciary capacity; and in any such transaction to purchase property, or make loans on notes secured by property, even though similar or identical property constitutes a large proportion of the balance of the trust estate, and to retain any such property or note as if It bad been received In kind as an additional to the Trust estate. . 8,17 TO ACT THROUGH AN AGENT. To act hereunder through an agent or attorney-in-fact, by and under powers of attorney duly executed by the Trustee, in carrylng out any of the powers and duties herein authorlzed, 8.18 TO TRANSFER SITUS. To transfer the situs of any Trust property to any other Jurisdiction as often as the Trustee deems it advantageous to the Trust, appolntlng a substitute Trustee to Itself to act witi respect thereto; and In connection therewith, to delegate to the substitute Trustee any or all of the powers, discretionary or otherwise, given to the Trustee, which may elect to act as advisor io the substitute Trustee and shall receive reasonable compensation for so acting; and to remove any acting substitute Trustee and appoint another, or reaopoint its&If, at will. 8,19 Td APPORTlON PRiNClPAL AND INCOME. To apportion bettieen income and principal or to allocate wholly io principal or wholly to Income not only property received by, but also charges and expenses Incurred by, or taxes assessed against any trust hereunder. Notwithstanding any provklon hereinabove to the contrary, during any period that a Trustor is acting as Trustee, principal, Income, receipts and e::penses shall be ascertained and apportioned in accordance with applicable provisions of the California Uniform Principal and .Income Act. 8.20 PROBA7E CODE POWERS. The Trustee shall have all of the powers enumerated In Section 1120.2 o! the California Probate Code as It exists on the date of execuiion of thio instrument, which powers are incorporated herein by reference. The trust eE shall not be required to obtain a prior court order for, or ap.proval of, the exercise: of any such power, 4 __ ,_. -. --- .. .- - 9. RIGHTS OF TRUSTEE. 9.1 TO ACT WITHOUT BOND. The original named Trustee herein shall not be required to give any bond or security, Any successor Trustee shall not be required to give bond or other security for performamx of his duties as Trustee hereunder, unless such bond or other securit!’ is required In the Instrument making such appointment. 9.2 TO RELY ON DOCUMENTS, The Trustee may rely or; any document or other paper. If believed by it to be genufne and to be slgnec’ and delivered by or on behalf of the proper person, firm or corporation, wit!;ouf incurring liability for any action or inaction based thereon. g,3 TO REIMBURSE AND TO COMPENSATE, The Trustee may reimburse itself from the Trust estate for all reasonable expenses Incurred In the admlnistratlon thereof. The Trustee shall be entltled to pay itself reasonable compensation from time to time without prior court order, 9.4 TO FREELY EXERCISE POWERS AND DISCRETIONS. The Trustee may freely act under all or any of the powers and discretions her& granted to it In all matters concerning the Trust estate, after fcvmtn~. its judgment based upon all the circumstances of any particular situation as to the wisest and best course to pursue In ‘the Interest of the trust and the beneficfarfes hereunder, without the necessity of obtaining the consen: or approval of any court, and notwlthstanding that it may be acting In Its indivicrual capacity, or as Trustee of other trusts, or as an agent for other person: or interests in connection with the same matters as an agent, sharehb,Ser, director, or otherwise; provided, however, that it shall exercise such powers and discretions at all times In a fiduciary capacity primarily in the.interests 0; the beneficiaries hereunder. . e lN WH?IESS WHEREOF, the Trustors have executed this Abstrac of Trust on the J$L- day of CL*, a’ rL)\onq _ ANNA P. DE JON& 7 5 __ . _.._ .- STATE OF CALIFORNIA COUNTY OF SAN DIEGO On B-H3 , 1997, before me -&I~ LnV~)d personally appeared ARJE DE JONG, JR., and ANNA P. DE JONG personal13 known to he (6 to be the person(s) whose name(s) fimsubscribed to the within instrument acknowledged to me that mwexecuted the same in hm/ authorized capaclty(ies), and that by hM@~lgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature W9wb o:V2503WAbdrsct of Tmbl (Seal) . z *s’~ . :\ 11 E R , c ORDER NO. 1221910-11 ~ FIRST AMFJUCAN TITLE INSURANCE COMPANY 411 Ivy STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 AUGUST 13,1999 FIRST AMERICAN TITLE INSURANCE COMPANY 411 rvY STREET SAN DIEGO, CA ATTENTION: ANGELIQUE SIZEMORE YOUR REF. 99-9013 AS OUR ORDERNO. 1221910-l 1 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT Is PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING TYKE LAM) AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, NSURlNG AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOW-N OR REFERRED TO AS OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRTNTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOW3 OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN E-XHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS K’iD EXCLUSIONS ARE MEAiiT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AI\SD SHOULD BE CAREFULLY CONSIDERED. IT IS IivlPORTAiiT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE Aii M4Y NOT LIST ALL LIENS, DEFECTS, Ai’ii ENC’IMBRAiiCES -4FFECTING TITLE TO TEZE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABIL1I-y IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE NSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF AUGUST 11,1999 AT 7:30 A.M. FAX ‘NO. 231-4647 PAGE 1 ORDER NO. 1221910-11 W FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ALTA OWNERS TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: ARIE DEJONG, JR. AND ANNA P. DEJONG, TRUSTEES OF THE ARIE DEJGNG, JR. FAMLLy TRUST DATED OCTOBER 4,1977 THE ESTATE OR INTEREST l-N = LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRJPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRL-NTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1999-2000, A LIEN, NOT YET PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSIMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF -l-BE CALIFORNIA REVENUE AND TAXATION CODE. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURMSHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREm DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 3. AN EASElvENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND -iNCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AN-D EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED JULY 21, 1954 IN BOOK 5307, PAGE 3 11 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PAGE 2 ORDER NO. 1221910-11 BEGINNING AT A POIW ON THE SOUTHERLY LINE OF RANCH0 AGUA HEDIONDA, AS SHOWN ON THE PARTITION MAP THEREOF NO. 823, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, WHICH POINT IS 2612.84 FEET WESTERLY FROM THE INTEXSECTION OF THE EASTERLY LINE OF SAID SECTION 22 WITH THE: SOUTHERLY LINE OF SAID RANCH0 AGUA HEDIONDA, THENCE FROM SAID POINT OF BEGINNLNG SOUTH 43”08’53” EAST, A DISTANCE OF 3998.34 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, DISTANT THEREON 287.66 FEET WESTERLY FROM THE SOUTHEAST CORNER OF SAID SECTION 22. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. SAID EASEMENT IS ALSO SHOWN AND DESCRIBED AS “138 KV LINE ENCINO TO OLD OF RECORD OF SURVEY NO. 6269. 4. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED AUGUST 21, 1958 IN BOOK 7222, PAGE 595 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID FR4CTIONAL SECTION 22, DISTANT THEREOF SOUTH 89”58’13” WEST, 2845.38 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE FROM SAID POINT OF BEGINNING SOUTH 8”37’32” EAST, 1293.58 FEET. REFERENCE IS MADE TO SAID MSTRUMEN-f FOR FURTHER PARTICULARS. 5. AN EASEMENT TO ERECT, CONSTRUCT, RECONSTRUCT, REPLACE, REPAIR, MAINTAIN AND USE A PIPELLNE OR PIPELINES FOR ANY AND ALL PURPOSES, TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCES INCLUDING BUT NOT LEMITED TO CONDUITS AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED OCTOBER 23, 1961 AS FILE NO. 183444 OF OFFICIAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 6. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 6269, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIiMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. PAGE 3 ORDER NO. 1221910-11 7. 8. 9. 10. 11. 12. 13. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF %135,000.00, AND AN-Y OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED SEPTEMBER 16, 1977 AS FILE NO. 77-378908 dF OFFICIAL RECORDS. DATED: AUGUST 26,1977 TRUSTOR: PELICAN LAND COMPANY, A LIMITED PARTNERSHIp TRUSTEE: TITLE INSURANCE AND TRUST COMPANY, A CALIFORNlA CORPOWiT’ION BENEFICIARY: MARY KATHRYN RABOFF, A MARRIED WOMAN, AS HER SEPARATE PROPERTY THE FACT THAT SAID LAND LIES WITHlN THE COMMUNI l-Y FACILITIES DISTRICT NO. 1, AS DISCLOSED BY INSTRUMENT RECORDED MAY 20, 1991 AS FILE NO. 91- 0236959 OF OFFICIAL RECORDS. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NOS. 10774, 12096, 13762, 14608 AND 14630, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY, THE EFFECT, IF ANY, OF SUBDIVISION MAP NO. 13679, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. NOTE: A CERTIFICATE OF COMF’LLANCE AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED MARCH 11, 1997 AS FILE NO. 1997-O 106632 OF OFFICIAL RECORDS. A RESOLUTION NO. 97-528 OF THE CITY COUNCIL OF THE CITY OF CARSLBAD, CALIFORNIA, OVERRULING AND DENYING PROTESTS AND ESTABLISHING BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVL4R.A. PARKWAY-POINSETTIA LANE) TO FINANCE THE COSTS OF MA4JOR PUBLIC IiMPROVEMENTS IN SAID CITY, RECORDED JULY 22, 1997 A FILE NO. 1997-0349 124 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AN EASEMENT FOR PUBLIC STREET, PUBLIC UTILITY AND INCIDENTAL PURPOSES IX FAVOR OF THE CITY OF CARLSBAD, A MUMCIPAL CORPORATION, RECORDED DECEMBER 26, 1997 AS FILE NO. 1997-0658902 OF OFFICIAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRJBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS PAGE 4 - 15. 16. 17. 18. ORDER NO. 1221910-11 AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUMMRLES OF COMMUNITY FACILITIES DISTRICT NO, 1, DATED FEBRUARY 11, 1998, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: ARJE DE JONG, JR. FAMILY TRUST DATED OCTOBER 4,1977 AND THE CITY OF CARLSBAD. RECORDED: hh4RCH 25, 1998 AS FILE NO. 1998-0162900 OF OFFICLAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. THE FACT THAT SAID LAND LIES WITHIN TEE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 3, AS DISCLOSED BY INSTRUMENT RECORDED b.fARCH 11,1999 AS FILE NO. 1999-O 157 103 OF OFFICIAL RECORDS. THE TERMS, COVENANTS, AND PROVISIONS OF THE TRUST AGREEMENT REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY WITH SUCH TERMS, COVENANTS, AND PROVISIONS. THE REQUIREMENT THAT THIS CObfl?m BE FURNISHED A COPY OF THE TRUST AGREEMENT REFERRED TO l-N THE VESTING HEREIN AND AN-Y AMENDMENTS THERETO. ANY DISCREPANCIES SHORTAGE IN AREA, ENCROACHMENTS OR OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE. 1998- 1999 TAX IN-FORMATION: CODE AREA: 09158 PARCEL NO.: 215-080-31-00 1 ST INSTALLMENT: $8,367.44 PAID 2ND INSTALLMENT: $8,367.44 PAID LAND VALUE: $1,556,225.00 LMFROVEIMENTS: so- EXElMPT: so- PAGE 5 - ORDER NO. 1221910-11 LEGAL DESCRIPTION THE LAND REFERRED TO HEPElN IS SITUATED IN THE STATE OF CAU-FORN-& COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: l-‘&4T PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CD-Y OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 3 OF SAID SECTION 22 AS SHOWN AND ESTABLISHED ON RECORD OF SURVEY MAP NO. 12096, FILED IN THE OFFICE OF THE coUNTY RECORDER MARCH 23,1989, SAID CORNER BEING MARRED BY A 2 INCH l-RON PIPE WITH CAP STAMPED “L.S. 3 189 1/2M AHR 1979”; THENCE ALONG THE NORTH LINE OF SAID SECTION 22, SOUTH 89”24’12” EAST, 1347.66 FEET (NORTH 89 “24’08” WEST, 1347.71 FEET PER R OF 13762) TO A % INCH REBAR ESTABLISHING THE EASTERLY LINE OF LOT 2 OF SAID SECTION 22 PER RECORD OF SURVEY MAP NO. 13762, FILED IN THE OFFICE OF ‘TTHE COUNTY RECORDER MAY 14, 1992; THENCE ALONG THE EASTERLY LINE OF LOT 2 AS ESTABLISHED PER SAID RECORD OF SURVEY MAP NO. 13762, SOUTH OO”47’07” EAST PER R OF S 13762), 1 I 14.12 FEET TO A % INCH REBAR ESTABLISHING THE SOUTHEAST CORNER OF SAID LOT 2 PER SAID RECORD OF SURVEY MAP NO. 13762; THENCE NORTH 86”55’26” WEST 1337.37 FEET (NORTH 86”55’36” WEST, 1337.72 FEET PER R OF S 13762) TO SOUTHEAST CORNER OF SAID LOT 3, SAID CORNER BEING MARKED BY % LNCH IRON PIPE MARRED “R.C.E 8210” AS SHOWN AND DESCRIBED ON SAID RECORD OF SURVEY MAI’ NO. 12096; THENCE NORTH 01’ 29’ 12” WEST (NORTH 01’28’59” WEST PER R OF S 12096), 1056.64 FEET TO THE POINT OF BEGINNING. SAID PROPERTY IS DESCRIBED AS PARCEL “C” IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997 A FILE NO. 1997-O 106632 OF OFFICIAL RECORDS. JUNE 22,1999 2:26 PM MF PAGE 6 -l- a- *x * i a 1 3 / ‘,I. 2 / ’ / 9 678 / tf / x J, a $l t- SE ri a- -I a2 .I- - - u In, WP mc? ’ d -SK Cd0 I - z 0-Y ;I5 I . NZ wrr) ,!, m *l ILgemia Item #.3 To: Ray Patchett, City Manager Via: Lloyd Hubbs Public Works From: Bob Wojcik, Deputy City For the InformdOll Of tt#: Re: Stockpile Agreement Carlsbad Tract CT 9%20:CDP 00-l 8 Poinsettia Lane Reach “C” Resolution No. 2250 Please add the following condition to Resolution‘No. 2250 Prior to issuance of the stockpile permit Poinsettia Lane shall be dedicated by Owner along the project frontage based on a center line to right-of-way width of 5 1 feet and in conformance with City of Carlsbad Standards.