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HomeMy WebLinkAbout2001-09-05; Planning Commission; Resolution 50201 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 PLANNING COMMISSION RESOLUTION NO. 5020 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT NUMBER CT 99-04 TO SUBDIVIDE 1,200.2 ACRES INTO 248 LOTS ON PROPERTY GENERALLY LOCATED NORTH AND EAST OF LA COSTA AVENUE, SOUTH OF ALGA ROAD, EAST OF EL FUERTE STREET AND STRADDLING PORTIONS OF RANCH0 SANTA FE ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: VILLAGES OF LA COSTA - THE RIDGE & THE OAKS CASE NO.: CT 99-04 WHEREAS, Morrow Development, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Real Estate Collateral Management Company, “Owner,” described as See Attachment “CT 99-04 - A”, attached hereto and incorporated by this reference. (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “FFF” - ‘%XXX” dated August 29, 2001, on file in the Planning Department VILLAGES OF LA COSTA, THE RIDGE & THE OAKS - CT 99-04 as provided by Title 20 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 29th day of August 2001 and on the 5th day of September 2001 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of VILLAGES OF LA COSTA, THE RIDGE & THE OARS - CT 99-04, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. 7. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the lots being created satisfy all minimum requirements of Title 20 governing lot sizes and configuration and have been designed to comply with all other applicable regulations including the Villages of La Costa Master Plan (MP 98-01). That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for a number of residential densities and non- residential land uses as listed in the staff report which are compatible with adjacent existing and planned development. An analysis of land use compatibility is also contained in the Final Program EIR That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project site can accommodate the proposed residential development while complying with all development standards and public facilities requirements and is less than the number of units that are permitted by the existing plans and regulations applicable to the site. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that concurrent with recordation of the final map the developer will vacate and adjust any easements that conflict with proposed development. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures are oriented in various directions and adequate separations will be provided to allow for breezes to cool the areas and landscaping will be installed to provide shade and reduce the temperature of developed areas. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. PC RESO NO. 5020 -2- 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 8. 9. 10. 11. 12. 13. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project will implement all required mitigation measures contained in the Final Program EIR and the Mitigation Monitoring and Reporting Program that are applicable to The Greens. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management practices for water quality protection in accordance with the City’s sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) requirements. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan and The Villages of La Costa Master Plan based on the facts set forth in the staff report dated August 29,200l and as contained in the Planning Commission Resolution for GPA 98-01 which are incorporated herein by reference. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 11 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, A. The project has been conditioned to provide proof from the Encinitas Unified, San Dieguito Unified and San Marcos Unified School Districts that the project has satisfied its obligation for school facilities. B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit or be satisfied by the use of existing parkland credits in addition to the dedication of land for the future Alga Norte Park Site. C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 11. PC RESO NO. 5020 -3- 1 ’ 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 14. 15. 16. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that improvements necessary to maintain compliance with the growth management performance standards are contained in the Zone 11 Local Facilities Management Plan and the project will comply with the general and special conditions of the zone plan. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). The Plting Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the recordation of a final map or issuance of a grading permit, whichever occurs first. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Master Tentative Tract Map (CT 99-04). 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Master Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. The Developer/Operator shall and does hereby agree to indemnity, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and PC RESO NO. 5020 -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 6. 7. 8. 9. 10. 11. 12. 13. .- representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Master Tentative Tract Map, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with ‘the use contemplated herein, ancl (4 Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar copy of the Master Tentative Map reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities for the permits being issued. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. Notes: A note to this effect shall be placed on the Final Map. The Developer shall implement, or cause the implementation of, the Villages of La Costa Project Mitigation Monitoring and Reporting Program. This approval is granted subject to the approval of EIR 98-07, GPA 98-01, MP 149(Q), MP 98-01, LFMP 11, PUD 01-08, HDP 99-02, and SUP 01-03 and is subject to all conditions contained in the Planning Commission Resolutions for those other approvals. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict the required 15 percent of the total dwelling units (including: Units to be constructed on Lot 208 dz 209 of CT 99-04) as affordable to lower-income households for the useful life of the dwelling units, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. The Developer shall construct the required inclusionary units concurrent with the project’s market rate units, unless both the final decision making authority of the City and PC RESO NO. 5020 -5- , 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 14. 15. 16. the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The lower portion of the proposed slope (the western most slope of Lot 175 of CT 99-04) behind lots 21 through 24 and 26 through 33 of CT 85-5 (La Costa Knolls - Final Map 11575) shall be planted with trees and plants of a type and size to provide visual screening of the existing rear yards to the satisfaction of the Planning Director. The Developer shall install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. The Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CCdzRs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: A. General Enforcement by the Citv. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. B. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. C. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. D. Special Assessments Levied bv the Citv. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s PC RESO NO. 5020 -6- , ’ 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 17. The Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the Planning Director in consultation with the North County Transit District where such facilities are requested along the project’s street frontage. Said facilities, if required, shall be free from advertising and shall include at a minimum a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. 18. Prior to approval of the final map, the Developer shall: 1) consult with the United States Fish and Wildlife Service (USFWS) regarding the impacts of the Project; and, 2) obtain any permits required by the USWFS. 19. 20. PC RESO NO. 5020 Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #l special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. Prior to the issuance of the grading permit or approval of the final map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. E. Landscane Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in the Villages of La Costa Master Plan or as approved by the Planning Director. -7- 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 21. 22. 23. 24. 25. parties and successors in interest that the City of Carlsbad has issued a(n) Master Tentative Map by Resolutions No. 5020 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. The Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. The developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. Concurrent with the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that Lots 208, 209 and 210 may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #l on file in the Planning Department). The Developer shall submit a street name list consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map approval. Open Space and Trails 26. 27. The Developer shall dedicate on the final map, an open space easement for those non- HCP portions of lots which are (in slopes, wetlands, coastal sage scrub or other constrained land plus all other lands set aside as part of the Citywide Open Space System) to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, as shown on Exhibit CLFFF” _ 66 TTTT”, dated August 29,200l for The Ridge & The Oaks. Removal of native vegetation and development of Open Space Lot(s), including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, PC RESO NO. 5020 -8- 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 28. 29. 30. 31. other than that approved as part of (the grading plan, improvement plans, biological revegetation program, landscape plan, etc.) as shown on Exhibit “FFF” - “TTTT”, dated August 29, 2001 for The Ridge & The Oaks, is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, based upon a request from the Homeowners Association accompanied by a report from a qualified arboristbotanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. On the final map, the Developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement for trail(s) shown on the master tentative map within Open Space Lot(s). If the City of Carlsbad accepts dedication of the trail easement, the trail shall be constructed as a public trail and will be the maintenance and liability responsibility of the City of Carlsbad. If the City of Carlsbad does not accept dedication of the trail easement, the trail shall still be constructed but it shall be constructed as a private traiZ and shall be the maintenance and liability responsibility of the Master Homeowners Association. Concurrent with the development of Neighborhoods 3.8 and 3.9 the developer shall install demountable posts (bollards) along the portion of Ranch0 Santa Fe Road closed to vehicular travel where pavement will remain as approved by the City Engineer. Prior to recordation of the final map or issuance of a grading permit the developer shall comply with the applicable provisions of the “1996 Parks Agreement” between the City of Carlsbad and Real Estate Collateral Management Company. Prior to the initiation of grubbing or clearing the applicant shall install %ilt” fencing at project boundaries where grubbing or clearing is to occur in order to minimize movement of rodents and snakes into the surrounding, existing neighborhoods. Applicant shall insure also that a biologist is on site during these activities to capture and remove snakes. Additionally, the applicant shall initiate grubbing or clearing from the perimeter of the site inward to the site when such activity will occur adjacent to existing homes. Engineering Conditions: Note: Unless specifically stated in the condition, all of the following engineering conditions upon the approval of this proposed major subdivision must be met prior to approval of a final map. General 32. Prior to issuance of any building permit, Developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formally established by the City. PC RESO NO. 5020 -9- 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 33. 34. 35. 36. 37. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other recorded document, for maintaining the private easements within the subdivision and all the private improvements: storm watqr quality treatment facilities, medians, landscaping, streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Multiple final maps are proposed as shown on the tentative map. The phasing plan as shown on sheet 1 is approved, subject to the following conditions: A. Developer shall provide adjacent utilities easements or right-of-way and access to extend access, sewer, water and drainage facilities in advance of neighborhood development. The intent of this condition is to not preclude, hold-up or delay adjacent development or utility services as a condition to phasing of this project. B. As provided for in The City of Carlsbad Municipal Code (20.20.020) this condition may be modified upon each filing of a final or phased final map. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. Prior to any construction activity a construction access and staging plan shall be approved by the construction inspector. The access and staging plan shall include but not be limited to: Access, parking, equipment delivery and storage, NPDES facilities and dust control away from public streets and sensitive habitat. The developer shall provide for sight distance corridors at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in the CC&Rs). “No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition.” Fees/Agreements 38. Prior to the issuance of any building permit within a sewer service boundary adjustment area, (Specifically lots: 201, 202, 206, 230, 231, 232), the boundary adjustment of the Vallecitos Water District / Leucadia County Water District sewer service areas shall be approved by LAFCO. Any payments or adjustment to future services shall be resolved as part of or prior to the LAFCO approval. As an alternate to adjusting District boundaries, service agreements may be executed. PC RESO NO. 5020 -lO- 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 39. 40. 41. 42. 43. 44. 45. Prior to the issuance of any building permit within the water service boundary adjustment area, (Specifically lot 206), the boundary adjustment of the Vallecitos Water District / Olivenhain Municipal Water District water service areas shall be approved by LAFCO. Any payments or adjustment to future services shall be resolved as part of or prior to the LAFCO approval. As an alternate to adjusting District boundaries, service agreements may be executed. The developer shall pay all current fees and deposits as required. The developer shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City’s standard form Geologic Failure Hold Harmless Agreement. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. The Proposed median landscaping in Ranch0 Santa Fe Road fronting the project shall be maintained by the Developer or Homeowners Association. Grading 46. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. (The developer must submit and receive approval for grading plans in accordance with city codes and standards prior to issuance of a building permit for the project.) 47. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intent for the start of work has been submitted to the State Water Resources Control Board. 48. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial PC RESO NO. 5020 -ll- 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 conformance from both the City Engineer and Planning Director. 49. The mass grading concept is approved as part of this master tentative map. The rough-graded pads created by the mass grading plan for this project will require additional grading prior to construction of buildings and private improvements on the individual lots. A subsequent grading permit will be required for final development of lots. A construction revision to the rough grading plan will not be permitted to fulfil1 this requirement. This condition does not apply to lots 1 - 161. 50. The open channels, storm drain improvements, earthen swales, NPDES water quality and desiltation basins shown on the tentative map shall be constructed, and maintained by the developer, property owner or owner’s association until specifically relieved in writing by the City of Carlsbad. Periodic testing and reporting will be required. Dedications/Imurovements 51. 52. 53. 54. 55. 56. 57. Any land dedicated or offered for dedication to any entity shall reserve access and maintenance rights to operate and maintain basins, sewer, water, and drainage facilities within the proposed easements or open space. Concurrent with the Final Map approval the developer shall irrevocably offer the City, the existing basin in San Marcos Creek near the end of Gibraltar Street. This basin may be restored as part of a citywide NPDES Water quality control system or as part of the project SWPPP. Periodic testing and reporting may occur. Developer to apply for street vacations of existing right-of-way (Corintia Street, Ranch0 Santa Fe Road) as shown on the tentative map. Developer shall cause Owner to execute a covenant of easement for private drainage as shown on the tentative map. The obligation to execute and record the covenant of easement shall be shown and recording information called out on the final map. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the tentative map. The offer shall be made by a certificate on the final map and/or separate recorded document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that are already public are not required to be rededicated. This condition also applies to the phasing condition. If easements are required out of phase with this project, they shall be irrevocably offered as identified herein. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. Developer shall cause Owner to waive direct access rights on the final map for all lots abutting El Fuerte Street, Alga Road, Corintia Street (public portion), Ranch0 Santa Fe Road, Questhaven Road (San Elijo Ranch Road), Street “C?‘, La Costa Avenue, Cadencia Street, Street “D”, Street “G”, and old Ranch0 Santa Fe Road except PC RESO NO. 5020 -12- 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 ,- openings as shown on the tentative map. All lots with frontage on multiple streets shall waive access as required to limit access to one street only. 58. Prior to issuance of building permits, the developer shall underground all existing overhead utilities within the subdivision boundary. The major power transmission facilities (69kV or above) are exempt from this condition. 59. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map, and the following improvements: A. B. C. D. E. F. G. H. Ranch0 Santa Fe Road shall be improved along the project frontage to full width Prime Arterial standards (right-of-way width of 126 feet). Traffic signal interconnect shall be provided along Ranch0 Santa Fe Road between La Costa Avenue and Melrose Drive, concurrent with frontage improvements. Developer may apply for reimbursement of traffic signal interconnect costs from the City of Carlsbad. Video detection shall be provided at the fourth leg of the La Costa Avenue/ Ranch0 Santa Fe Road intersection. Street “C” shall be graded to full width Major Arterial standards (right-of- way width of 102 feet). Street Y?’ shall be improved to full width Secondary Arterial standards (offset). The public water system shall be constructed onsite to Olivenhain Municipal Water District / Vallecitos Water District standards. Recycled water mains shall be constructed in Street “C”, Ranch0 Santa Fe Road, and Cadencia Street as required to serve project common areas. Pumps and associated appurtenances shall be provided concurrent with construction. Public storm drain system shall be constructed onsite to City of Carlsbad standards. Public sewer system shall be constructed onsite to Leucadia County Water District / Vallecitos Water District standards. A list of the above improvements shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. 60. Developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall prepare and submit a Storm PC RESO NO. 5020 -13- 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 h Water Pollution Prevention Plan (SWPPP) and provide improvements constructed pursuant to best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. B. C. D. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. SWPPP will include calculations of anticipated pollutant loading, and sizing of structural BMPs to comply with City of Carlsbad and Regional Water Quality Control Board requirements. 61. Developer shall incorporate into the grading / improvement plans the design for the project drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not practical. These end treatments shall be designed so as to prevent vegetation growth t?om obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, to the satisfaction of the City Engineer. 62. Prior to issuance of a grading permit for lot 223, Developer shall obtain approval of a Conditional Letter of Map Revisions (CLOMR) from FEMA for any grading within the regulatory floodplain. Prior to occupancy of any units on lot 223, Developer shall obtain approval of a Letter of Map Revision (LOMR) from FEMA. Final Mar, Notes 63. Note(s) to the following effect(s) shall be placed on the map as non-mapping data: A. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition. PC RESO NO. 5020 -14- 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 B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. C. Geotechnical Caution: 1. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. D. Prior to the issuance of any building permit within a sewer service boundary adjustment area, (Specifically lots: 201, 202, 206, 230, 231, 232), the boundary adjustment of the Vallecitos Water District / Leucadia County Water District sewer service areas shall be approved by LAFCO. Any payments or adjustment to future services shall be resolved as part of or prior to the LAFCO approval. As an alternate to adjusting District boundaries, service agreements may be executed. A note to this affect shall be placed on the final map as non-mapping data. E. Prior to the issuance of any building permit within the water service boundary adjustment area, (Specifically lot 206), the boundary adjustment of the Vallecitos Water District / Olivenhain Municipal Water District water service areas shall be approved by LAFCO. Any payments or adjustment to future services shall be resolved as part of or prior to the LAFCO approval. As an alternate to adjusting District boundaries, service agreements may be executed. A note to this affect shall be placed on the final map as non-mapping data. F. Covenant of easement recording information where applicable. Standard Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 64. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code unless determined to be satisfied through compliance with the provisions of the 1996 Parks agreement. 65. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 66. Any signs proposed for this development shall at a minimum be designed in conformance with the Villages of La Costa Master Plan and shall require review and approval of the Planning Director prior to installation of such signs. 67. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. PC RESO NO. 5020 -15- 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 68. 69. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property, The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. . . . . . . . . . . . , . . . . . . . . . . . . PC RESO NO. 5020 -16- 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 - PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of September 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: JEFF&J%& SEGALl@hairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 5020 -17- I’ EXHIBII .- “CT99-04 - “A” * LEGAL DESCRIFI’ION LA COSTA - RANCHEROS The Ridge THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THOSE PARCELS OF LAND SHOWN AND DELINEATED ON THE COUNTY OF SAN DIEGO ASSESSOR’S MAPS BEING 223-05043, 223-05049 AND 72-010-31 AND LYING WITHIN THE FOLLOWING DESCRIBED PROF’ERTY: PARCEL BB: THAT PQRTlON OF THE WEST HALF OF SECTION 32; AND THE NORm HALF OF SECrION 31; AND THE SOIKHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECI-ION 30, ALL BEING IN TOWNSHIP 12 SOUTH. RANGE 3 WEST; TOGETHER WJTH THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, IN TOWNSHIP 12 SOUFH. R4NGE 4 =. B’i THE C0UNl-Y OF SAN DIEGG, STATE OF CALIFORNIA ACCORDING TO THE OF=b= PUT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID WEST HALF; THENCE S0Ul-H 89”53’42” EAST ALONG THE NORTH LINE OF SAID WEST HALF. 2689.53 FEEI- TO THE NORTHEAST CORNER THEREOF; THENCE SOUI’H oo”36’38” WEST ALONG THE EAST LINE OF SAID WEST HALF, 3120.35 FEET TO A POINT ON THE SOUIHWE~Y RIGHT OF WAY LINE OF A 2fXk(JO FOOT SAN DIEGO GAS AND ELECl-RIC EASEMENT, ~Ecomm APRIL 19. 1954 IN BOOK 5208. PAGE 399 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE LEAVING SAID EAsT LINE AND ALONG SAD EASEMENT LINE, NORTH 64”1323” WEST, 2226.43 FEEI-; THENCE SOUTH 72°08'OO" WEST, 65.20 FEET TO A POINT ON A LINE. SAID LINE BEING 45.00 FEET som?IT’EF&Y MEASURED AT RIGHT ANGLES AND PARALLEL WlTH SAID SOUI-HWESTERLY RIGHT OF WAY LINE OF A 200.00 FOOT SAN DIEGO GAS AND EIJdJRX COMPANY EASEMENT; THENCE NORTH 64”1323” WEST ALONG SAID PARAU-EL LINE. 1583.36 FEET TO A POINT ON THE SOUTHEASTERLY BOUNDARY LINE OF LA COSTA VALE UNIT NO. 3, IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNL4 ACCORDING TO MAP THEREOF NO. 7950, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO cow, JUNE 3.1974; THENCE NORTH 31°00’00” EAST ALONG SAID BOUNDARY UNE 45.19 FEEI- TO THE NORTHEAST CORNER OF SAID MAP NO. 7950; THENCE NORTH 64’1323” -WEST ALONG THE NOR- Y BOUNDARY LINE OF SAID MAP NO. 7950. A DISTANCE OF 1326.91 m; THENCE SOUTH 43”3O’OO” WEST 47759 FEET TO THE BEGINNING OF A NON- TANGENT 1720.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 43”30’00” WEST; THENCE NORTHWESTE RLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02”50’00” A DISfANCE OF 85.06 FEET; THENCE TANGENT TO SAID CURVE NORTH 43=‘40’ WEST 445.15 FEET TO THE BEGINNING OF A TANGENT 455.00 FOOT RADIUS CURVE CONCAVE SO UWERLY; THENCE NOR-Y, WESTERLY AND SO~STERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF %050’OO” A DISTANCE OF 768.98 FEET; THENCE TANGENT TO SAID CURVE SOUTH 39”30’00” WEST 15351 FEFT TO THE BEGINNING OF A TANGENT 780.00 FOOT RADIUS CURVE CONCAVE SO-Y; THENCE SOLTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08”59’38” A DlSTANCE OF 122.44 FEEI- TO A POINT ON THE NORTHERLY BOUNDARY OF CARLSBAD TRACT NO. 72-20. UNIT NO. 2 IN THE CITY, OF CAIUSBAD. COUNTY OF SAN DLEGO. STATE OF CALIFORNIA ACCORDING TO Mm THEREOF NO. 7779, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, mOBER 26, 1973; THENCE LEAVING SAID MAP NO. 7950 AND ALONG THE’BOUNDARY OF SAID MAP NO. 7779, NON- TAN&NT TO SAID CURVE NORTH 71”OO’OO” WEST 269.16 FEET; THENCE NORTH 44”o(rOO WEST 965.00 FEET; THENCE NORTH 71O1323” WEST 276.62 m; THENCE SOUTH 77%‘50 WEST 29025 FEET; THENCE NORTH 59”50’00” WEST 12123 m THENCE SOUTH 83”40’00 WE57 114.59 FEET; THENCE SOUTH 14°40’00” WEST 230.00 FEET; ‘THENCE SOUTH 28020’30’ WEST 436.00 FEEI-; THENCE SOUTH 18”2730” EAST 218.11 FEET; THENCE SOUTH 25”0328” WEST 165.00 FEZ; THENCE NORTH 64”56’32” WEST 300.00 FEET; THENCE SOUFH 00‘24’13” WEST 110.03 FEET TO THE INTERSECTION WITH THE SOUIHWEmRLY LINE OF THAT CERTAIN 100.00 FOOT EASEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 19,1954 IN BOOK 5208. PAGE 403 OF OFFICIAL RECORDS; THENCE LEAVING SAID ‘BOUNDARY OF SAID MAP NO. 7779 AND ALONG THE SO UTHwEslzRLY BOUNDARY OF SAID EASEMENT NORTH 64’56’32” WEST TO THE MOST SOUFHERLY CORNER OF CARLSBAD TRACT NO. 754 (LA COSTA ESTATES NORTH-), IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF ORNIA ACCORDING TO MAP THEREOF NO. 8302 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 5. 1976; THENCE LEAVING SAID EASEMENT ALONG THE JSASTERLY BOUNDARY THEREOF NORTH 25°03’28” EAST 100.00 FEET; THENCE NORTH 03”02’10” WEST 495.00 FEET; THENCE NORTH 20%‘10” EAST 280.00 FEET; THENCE NORTH 05”30’00” WEST 130.00 FEET; THENCE NORTH 36”55’10” EAST 345.00 FEET; THENCE NORTH 52°15’oO” EAST 160.00 FEET TO A POINT TN THE BOUNDARY OF PARCEL MAP NO. 10179, IN THE CI-IY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALJFORNlA. FILED IN THE OFFiCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27,198O AS FILE NO. 88204502 OF OFFICIAL RECORDS; THENCE LEAVING SAID BOUNDARY OF MAP NO. 8302 AND ALONG THE SOUI-HERLY BOUNDARY OF SAID PARCEL MAP NO. 10179, SOUI-H 26°58’00” EAST 346.13 FEET; -I-HENCE NORTH 89O43’11” EAST 880.46 FEET; THENCE SOUTH 42”13’10” EAST 281.25 FEEI-; THENCE SOUTH 49V.6’54” EAST 170.00 FEET; THENCE SOUTH 42’42’30” EAST 530.00 FEET; THENCE NORTH 66O24’35” EAST 174.50 FEIZT; THENCE NORTH 89”5820” EAST 145.00 FEIZ THENCE NORTH 34”29’10” EAST 309.50 FEET; THENCE SOUTH 74”0021” EAST 14530 FEET; THENCE NORTH 4177’00” EAST 113.50 FEET; THENCE SOUTH 85”44’40” EAST 271.00 FEET; THENCE NORTH 31”5715” EAST 330.00 FEFT; THENCE NORTH 47=25’05” EAST 129.10 FEFT TO THE I-CI.ION WITH THE NORTHERLY LINE OF SAID SECTION 31; THENCE ALONG THE NORTHERLY BOUNDARY THEREOF NORTH 89”43’11” EAST 2607.74 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SECTION 25 TOWNSHIP 12 SOUI-H. RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA ACCORDING TO THE OFFICIAL PLAT THEREOF LYING SOUTHEASTERLY OF THE SOUTHEASIERLY BOUNDARY OF SAID MAP NO. 8302. EXCERING THEREFROM THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 32 TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERN4RDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COM?vlENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SEtX’ION 32; -EENCEALONGTHE EASTERLY LINE OF SAID NORTHWEST QUARTER SOLTI’H 003631” WEST, 950.65 FEET; THENCE SOUITH 31”28’50” WEST. 341.61 FEET; THENCE SOUTH 58”42’49” WEST. 456.37 FEET; THENCE NORTH 76”12’27” WEST 230.37 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH O”36’31” EAST. 77.00 FEET; THENCE NORTH 897329” WEST, 350.00 FEET; THENCE s0m-H o”36’31” WEST. 265.00 FEET; THENCE soul-H 46”28’07” EAST. 68.28 FEE-c THENCE SOUR-I 55’28’26” EAST 34.95 FEET; THENCE SOUTH 67°10Z6” EAST. 76.69 FEET THENCE SOUTH 897329” EAST’, 110.00 FEET; -IHENCE NORTH 78%4X7” EAST. 9220 FEEI’ TO A LINE WHlCH BEARS SOUTH 0’36’31” WEST FROM THE TRUE POINT OF BEGINNLNG; THENCE ALONG SAID LINE. NORTH 0=36’3 I ” EAST, 263.00 FEET TO THE TRUE POINT OF BEGINNING. C ALSO EXCEF'ITNG THEREFROM THAT PORTON OF THE NORTHERLY HALF OF SECTION 32 TOWNSHIP 12 SOUI-K R4NGE 3 WEST, SAN BERNARDINO BASE AND -IAN. DESCRIBED As FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SALD SECT’ION 32: THENCE ALONG THE NORTH LINE THEREOF SOUTH 89O53’42” EAST 496.36 FEET; THENCE LEAVING SAID NORTH LINE S0Ul-H O”O6’18” WEST, 210.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE S0Ul-H 89O53’42” EAST, 237.57 FEET TO THE BEGINNING OF A 470 FOOT RADIUS CURVE. CONCAVE SOUTHERLY; THENCE l5GTERLY ALONG THE ARC OF SAD CURVE THROUGH A CENTRAL ANGLE OF 36”03’42”. A DISTANCE OF 295.82 FEFT; THENCE TANGENT TO SAID CURVE SOUTH 53”50’00” EAST. 386.84 FEET; I-HENCE SOUTH 35°24’Kl” WEST. 30.75 I=% THENCE s0U’r-H 63’42’00” EAST, 424.18 FEET; THENCE S0U-H 76”40’00” EAST, 288.30 FEET; THENCE S0Ul-H OO”OO’oO” WEST, 81.00 FET; THENCE SOUIX 72”49’00” WEST, 288.60 FEET; THENCE NORTH 89”32’30” WEST, 628.00 FTSET; THENCE S0Ul-H 87°08’CX3” WEST. 618.80 FEE; THENCE NORTH 47°36’00” WEST, 187.00 FEET; THENCE NORTH 2D56’OO” E/dT, 16620 FEET; THENCE NORTH 20’05’30” EAST, 530.37 FEEI- TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF SECI-ION 31, TOWNSHIP 12 SOUI-H, RANGiE. 3 WEST. SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 3 OF PARCEL MAP NO. 10179 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COIJNiY. STATE OF CALIFORNIA BEING THE SOUTHEAST CORNER OF SECTION 30 AS SHOWN ON SAID PARCEL MAP. THENCE SOUTH 89”43’11” WEST ALONG THE SOUI-HERL Y LINE OF SAID PARCEL 3. A DISTANCE OF 48.19 FEET TO A POINT’ ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROAD SURVEY NO. 454, ON FIX5 IN THE OFFICE OF THE COUNTY ENGINEER OF SAID SAN DIEGO C0UNI-Y; THENCE LEAVING SAID SOUIHERLY LINE AND ALONG SAID RIGHT OF WAY LINE SOUTH 31”32’16” WEST 247.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 89”43’11” EAST. 145.34 FEET TO A POINT ON -l-HE NORTHWESTERLY RIGHT OF WAY LINE OF PROi’OSED RANCH0 SANTA FE DRIVE; THENCE ALONG SAID NORTHWESTE RLY RlGKT OF.WAY LINE SOm 12%?‘42” WEST. 2.251 FEEI- TO THE BEGINNING OF A TANGENT 1137 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SO UTHWEXERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7”17’27” A DISTANCE OF 144.68 m; THENCE LEAVING SAID NORTHWESTERLY RIGHT OF WAY LINE NORTH 69VO’CQ” WEST, 172.47 FEET TO A p0DJ-T ON SAID SOUFH%ESl’ERLY RIGHT OF WAY LINE; THENCE NORTH 31”32’16” EAST, 115.50 FEET TO THE TRUE POINT OF BEGINNING. AFFECT’S PARCEL NOS. 223,050-43.223-050-49,223-010-31. NO-E THIS PARCEL IS DESCRIBED IN A MANNER NOT NORMALLY USED BY TITLE ~suR.i%!% AS A CONVENIEN CE TO OUR CUSTOMERS. THEREFOFtE, IT IS IMPORTANT -IHAT THIS DESCRIPnON NOT BE INCLUDED IN ANY CONVEYANCES, As l-T IS NOT INSURABLE. PARCEL DD. THOSE PARCELS OF LANI SHOWN AND DELINEATED ON THE COUNTY OF SAN DlEGO ASSESSOR’S MAPS BEING 223-010-12, 223-010-18, 223-010-19, 223-010-U. 223-010-28, 223-010-29, 2.23-010-32 223-010-33,223-01034.223-010-35.223-010-37.223-021-9. z&021-10,223-021-n 223-021- 15, 223-021-16, 337470-23 AND 222470-25 AND LYING WITH THE FOLLOWING DESCRIBED PROPERTY: C -4 + PARCELS 3 AND 4 OF PARCEL MAF NO. 10179, IN THE CTIY OF CAIUSBAD. COUNTY OF SAN DIEGO. STATE OF CALIF0RN-k FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 17,198O AS RLE NO. t&204502 OF OFFiCL4L RECORDS. TOGETHER WITH THAT PORTON DELINEATED AND DESIGNATED “NOT A PART” ON SAID PARCELMAP. EXCEPTING THEREFROM THAT PORTION LYING WTTHIN CARLSBAD TRACT NO. 79-25(B) UNIT NO. 1. IN THE CITY OF CARISBAD, COUNTY OF SAN DIEGG, STATE OF CALIFORNLA ACCORDLNG TO MAP THEREOF NO. 10243. FILED IN THE OFFiCE OF THE COUNTY RECORDER OF SAN DJEGO COUNTY, OCTOBER 20,1981. ALSO EXCEPTING THEREFROM THOSE PORTIONS LYING WlTHIN CARLSBAD TRACT NO. 79- 25(B) PHASE VI. IN THE CFIY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 10820. FIlED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY..JANUARY 13,1984, AND CARLSBAD TRACT NO. 84-23. IN THE ClTY OF CARLSBAD. COUNTY OF SAN DIEGG, STATE OF CALIFORNIA ACCORJXNG TO MAP THEREOF NO. 11241, FILED IN THE OFFICE OF THE C0LJNi-Y RECORDER OF SAN DIEGO CouNT?I, MAY 22.1985. EXCEPTING THEREFROM THAT PORTION LYING WTlHIN RECORD OF SURVEY NO. 9182 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUl=ORNIA FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGG COUNTY. OCTOBER 28.1982 As FILE NO. 82-332144 OF OFFICIAL, RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL MAF’ NO. 10179 LYING NORTHEASTERLY OF THE CENTERIJNE OF THAT CERTAIN RIGHT OF WAY AS DESCRIBED IN DEED TO THE COUNTY, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 7.1966 AS FILE NO. 58549 OF OFFICIAL RECORDS. ALSO EXCEI’ITNG THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LA COSTA MEADOWS, UNIT NO. 2 ACCORDING TO MAP NO. 6095 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID SOUTHEAST CORNER BEING A POINT ON THE SO un&lSTERLY RIGHT-OF- WAY OF EL FUERTE STREET As SHOWN ON SAID MAP NO. 6905; THENCE NORTH 68°13’~” EAST 1536.70 FEEI- TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 68”Ol’lO” EAST 99.51 F-EI-; THENCE soul-H 51”54’40” EAST 141.03 FEFT; THENCE soul-H 22”5225” WEST 191.85 FEET; THENCE SOUTH 57°13’OO” WEST 73.07 FEET; THENCE NORTH 83”46’00” WEST 185.97 FEET: THENCE NORTH 34”25’48” WEST 144.00 FEET; THENCE NORTH 55”34’12”‘EAZX’ 1Oo.cK-I FEl?T TO THE BEGINNING OF A TANGENT 322-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASIERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33”35’22” A DISTANCE OF 188.77 FE!X TO THE TRUE POINT OF BEGINNING. AFFECTS PARCEL NOS. 223-010-12 223-010-18.223-010-19.223-010-27.223-010-28,223-01(F~, 223- Olb32 Z&010-33.223-OIO-34,223-010-35,223-010.37; 223t-021-09, 223-021-10.223-021-12 223-021-15 AND 223-021-16; 222470-25 AND 22247&23. NOTE THIS PARCEL IS DESCRIBED IN A MANNER NOT NORMALLY USED BY Told IbMJRERS. AS A CONVENIEN CE TO OUR CUsToMERs. THEREFORE. IT IS IMPORTANT THAT THIS DESCRIPTION NOT BE INCLUDED IN ANY CONVEYANCES. AS IT IS NOT INSURABLE. PARCELEEI PARCEL 2 OF PARCEL MAP NO. 13900. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. !TATE OF CALIFORNIA FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 6,1985 AS FILE NO. 85-281626 OF OFFKIAL RECORDS. Ai=FECEi PARCEL NO. 222-151-80. LEGAL DESCRIPTION LA COSTA - SOUTHEAST II The Oaks THE IAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL x: LOT 5 AND THE WEST HALF OF LOT 6 AND LOT 8 OF RANCH0 LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CDORNIA ACCORDING TO MAP THEREOF NO. 848. FBilZD LN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COW. JUNE 27.1898. EXCEPTING THEREFROM THAT PORTION LYING WTI-HIN CARLSBA,D -l-RKT NO, 75-9(B) UNIT NO. 2, IN THE CITY OF C-BAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 9959. RLED IN THE OmCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 31.1980 AND THAT PORTION LYING SO lJl-FD&Y AND SOlJIHWSERLY OF -l-FE SOUTHERLY BOUNDARY THEREOF. ALSO EXCB’ITNG THEREFROM THAT PORTION LYING WlTHIN PARCEL MAP NO. 13524, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA FILED IN THE OmCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 25.1984 AS FlLE NO. MO3293 OF OmCIAL RECORDS, AND THAT PORTION THEREOF LYING SOUTHERLY OFTHE SOUTHERLY BOUNDARY THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTE F&Y OF THE FOLLOWING DESCFtIBED LE BEGINNING AT THE MOST EASTERLY TERMINUS OF THE CaTERLINE OF LA COSTA AVENUE AS SHOWN ON HEREIN-BEFORE MENTIONED PARCEL MAP NO. 13524; THENCE NORTH 55”OO’OO” EAST 200.89 FEET To THE BEGINNTNG OF A 1000.00 FOOT RADIUS CURVE NORTHWESI-ERLY; THENCE NORTHE-RI-Y ALONG SAID CURVE TO THE NORTHERLY LINE OF HEREINBEFORE MENTIONED LOT 5 OF RANCH0 LAS ENCINITAS. AFFECTS PARCEL NOS. 223~06&i5.223-060-49 AND 264-222-03. PAIt= AA: THE WEST HALF OF SECTION 32 AND THE EAST HALF OF SECTION 31. ALL BEING IN TOWNSHIP 12 SOUTH. RANGE 3 WEST. SAN BERNARDINO BASE AND MERIDIAN, ACCORDING To 0rnclAL PLAT THEREOF. ALL BEING IN THE Crry OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. EXCEPTING THEREFROM THAT PORTION OF THE EAST HALF OF SAID SECTION 31, ALL THAT PORTION THEREOF LYING NORTHWESTERLY OF THE So- I&Y BOUNDARY OF CARLSBAD TRACT NO. 72-20 CLA COSTA VALE) UN-IT NO. 3, IN THE CITY OF CARLSBAD, COTrNTy OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 7950. FILED IN THE Ol=iXE OF THE COUNTY RECORDER OF SAN DIEW COUNTY, JUNE 3.1974. PAGE 1 h ORDER NO. 1126324-l 1 ALSO EXCEPTING THEREFROM ALL THAT PORTION THEREOF LYING NOR-Y OF THE FOLLOWING DESCRIBED IJNE: BEGINNING AT THE NORTHWEST CORNER OF SAID WEST ONE HALF OF SAID SECTTON 3T THENCE SOUTH 89”53’42” EAST ALONG THE NORTH LINE OF SAID WEST ONE HALF. 268953 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUI-H OO”36’38” WEST ALONG THE EAST LINE OF SAID WEST ONE HALF. 3120.35 FEEI TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF A 200.00 FOOT SAN DIEGO GAS AND ELECTRIC COMPANY EAsEMEI\TT IN BOOK 5208. PAGE 399 OF THE OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY AND BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE AND ALONG SAID EASEMENT LINE. NORTH 64’13’23” WEST, 2226.43 FEFT; THENCE SOUTH 72=‘08’00” WEST, . 65.20 FEET TO A POINT ON A LINE, SAID LINE BEING 45.00 FEET SOS Y, MEASURED AT RIGHT ANGLES AND PARALLEL WITH SAID SOUTHWESTERLY RIGHT OF WAY LINE OF 200.00 FOOT SAN DIEGO GAS AND ELECl-RIC COMPANY EAEMENT; THENCE NORTH 64”13’23” WEST ALONG SAID PAIULLEL LINE. 1583.36 FEET TO A POINT’ ON THE SOUI-HEASTERLY BOUNDARY LINE OF SAID MAP NO. 7950; -IHENCB CONTINUING ALONG SAID PARALLEL LINE NORTH 64”13’23” WEST TO THE INTERSECTION WITH THE NORTHERLY LINE OF SAID SECTTON 3 1. SAID INTERSECI’ION BEING THE POINT OF TERMINUS. ALSO EXCEPTING THEREFROM ALL THAT PORTION THEREOF LYING SO ImWESTERLY OF THE FOLLOWING LINE: BEGINNING AT THE MOST SOmRLY CORNER OF SAID CARLSBAD TRACT’ NO. 72-20 AS SHOWN ON MAP NO. 7950, SAID CORNER BEING A POINT ON THE ARC OF A NON-TANGENT 1230.00 FOOT RADIUS CURVE, CONCAVE SOUIT-lEASTERLY, A RkDL4L TO SAID p0IN-T’ BEARS NORTH 51”54’08” WEST; THENCE CONTINUING ALONG THE SOUllEACE R&Y BOUNDARY LLNE OF CARLSBAD TRACT NO. 72-20. THE FOLLOWING COURSES: NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14’=34’46” A DISTANCE OF 312.99 FEET. NORTH 38”50’03” EAST, 31.80 FEET TO THE BEGINNING OF A TANGENT 1480.00 FOOT RADIUS CURVE, CONCAVE SO UTHEASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7’19’57” A DISTANCE OF 189.40 FEET; THENCE NORTH 46°10’OO” EAST, 1057.78 FEfi TO THE TRUE POINT OF BEGWG; THENCE LE4VING SAID SOUFHEASTERLY BOUNDARY LINE S0Ul-H 43”50’00” EAST, 1685.42 FEET; THENCE SOUTH 53O39’32” EAST, 42.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY A RADIAL LINE TO SAID POINT BEARS S0Vl-H 53”39’32” EAST: THENCE SOUI-HWESTERLY ALONG SAID CURVE TO THE INTERSECI-ION WITH THE So~FUY LINE OF SAID SECTION 3 1. SAID INl-ERSECl-ION BEING THE POINT OF ‘TERMINUS. ALSO EXcEITING THE JNIEREST CONVEYED TO THE COUNTY OF SAN DIEW BY DEED RECORDED FEBRUARY 16. 1967 AS FILE NO. 21426 OF OFFICLAL RECORDS, LYING WITHIN THOSE PORTIONS DESCRIBED AS FOLLOWS: PARCEL 66398-A: THAT PORTION OF SEaON 31. TOWNSHIP 12 SOIXH. RANGE 3 WEST, SAN BERNARDINO BASE AND M=BXiN. LYING WITHIN A !XRIP OF LAND 60 FEEI’ WIDE, 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBEDCENTERLJNE: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF ROAD SURVEY NO. 454, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY ENGINEER WITH THE NORTH LJNE OF SAID SOUTHEAST QUARTER BEING DISTANT ALONG SAID NORTH LINE 721.98 FEET FROM lHE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER, SAID POINT BEING ENGINEERS mATION 194 PLUS 74.85, POINT PAGE 2 ORDER NO. 1126324-11 ON A 1000 FOOT RADIUS CURVE CONCAVE ESERLY ON SAID CENTER LINE; THENCE ALONG SAD CIENERLINE AS FOLLOWS: soU.l-EWY ALONG SAD 1000 FOOT RADiTJS CURVE, 36.54 FEEI- AND TANGENT TO SAID CURVE SOm 7% EAST, 12.41 FEEI- TO THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A 1200 FOOT RADIUS CURVE, THE CEN-IER OF WHICH Bm SOUTH 82”38’ WEST FROM SAID POINT; THENCE IZAVING SAID CENTER LINE SOUTHWE5ERLY ALONG SAID CURVE THROUGH A CENTIUL ANGLE OF 71”50’, A DISTANCE OF 1504.47 FEET TO ENGINEER’S STATION 210 PLUS 87.12 POINT OF TERhJINATION ON THE ENTER LINE OF SAID ROAD SURVEY NO. 454. PARCEL 66398-B: THAT PORTION OF SAID SOmAST QUARTER LYING SO- Y OF PARCEL 66398-A HEREINABOVE DESCRIBED, AND NORTHERLY OF SAID ROAD SURVEY NO. 454. ALSO EXCEFVNG THEREFROM THAT PORTION CONVEYED TO MAG PROPERTIES. A CALIFORNIA GENERAL PARTNERSHIP, BY DEED RECORDED FEBRUARY 1,199o AS FILE NO. 90-057460 OF OmaAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PAGE 3 .A ORDER NO. ll26W-11 THAT PORTION OF SECTION 31. TOWNSHIP 12 SOUTH. RANGE 3 WEST, SAN BERNARDINO MEFUDL4N. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEW, STATE OF CALIFORNlA DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF LOT 494 OF MAP NO. 7950. ON FiLE IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DJEW COUNTY, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY LINE OF RANCH0 SANTA FE ROAD AS SHOWN ON SAID MAP NO. 7950; THENCE SOUI-H 31”00’00” WEST, 46.04 FEET; THENCE SOUTH 59”00’00” EAST, 71.00 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF SAID MAP SAID POINT BEING ON A NON-TANGENT 1520.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUI-HWES-IERLY ALONG THE ARC OF SAID CURVE AND SAID BOUNDARY LINE THROUGH A CENTRAL ANGIE OF 9” 19’02”. A DISTANCE OF 247.18 FEET TO THE TRUE POINT OF BEGINNING. SAID POINI? BEING ON A NON-TANGENT 700.00 FOOT RADIUS REVERSING CURVE, CONCAVE EASTERLY; A RADIAL LINE TO SAID POlNI- BEARS NORTH 73”26’32” WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID 700.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 26’43’55”. A DISTANCE OF 32659 m; THENCE SOUTH 10”10’27” EAST. 474.67 = TO A POINT ON A NON-TANGENT 2400.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTE F&Y ALONG THE ARC OF SAID CURVE THROUGH A CENThL ANGLE OF 15’24’49”. A DISTANCE OF 645.64 FEET TO A POINT ON A NON-TANGENT 1170.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 31”17’17” EA!ST; THENCE SOUmWEsmu Y ALONG THE ARC OF SAID 1170.00 CuIWE THROUGH A CENTRAL ANGLE OF 6”14’41”. A DISTANCE OF 12752 FEET; THENCE ~0~ 25=‘02’36” EAST, 60.00 FEET TO A POINT ON A NON-TANGENT 1230.00 FOOT MIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 25002’36” EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22’45’14”. A DISTANCE OF 488.47 FEET TO A POINT ON A NON-TANGENT 2400.00 IbUXUS CURVE, CONCAVE NORTHWESTERLY. A RADIAL LINE TO SAID POINT BEARS S0ul-H 33”56’33” EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID 2400.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 7°35’06”. A DISTANCE OF 317.72 FEFI-; THENCE SOUI-FI 41”31’39” EAST, 63.00 FEET; THENCE SOUTH 64°50’25” EAST. 265.09 FEET; THENCE S0UI-H 28=21?7” WEST, 501.00 FEET; THENCE SOUTH 31”16’32” EAST 62.63 FEET TO A POINT ON A NON-TANGENT 700.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTIWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30”22’01”. A DISTANCE OF 371.00 FEET; THENCE S0lJI-H 28”21’27” WEST, 470.00 FEET TO THE BEGINNMG OF A 1000.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE So~HwEslERLY ALONG THE ARC OF SAID CURVE THROUGH A CZNTRAL ANGLE OF 7”59’01”, A DISTANCE OF 139.34 FEET; THENCE NORTH 53O39’32” WEST. 42.00 FEET; THENCE MM-H 43”50’00” WEST, 1685.42 EET; THENCE NORTH 46’1000” EAST, 465.58 FEET TO THE HXXNNDJG OF A TANGENT 1520.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5’50’58”. A DISTANCE OF 155.18 FEET, TO THE TRUE POINT OF BEGINNING. AFFECTS PARCEL NOS. 223-050-67 AND 223-050-69; 223-071-05 AND 223-071-07. PARCEL BB: THOSE PARCELS OF LAND SHOWN AND DELINEATED ON THE SAN DIEGO COUNTY ASSESSOR’S MAPS BEING PARCELS 223-05051.223-050-52 223-050-53,223-05@54.223-050-59,223- 050-65 AND ‘Z3-071-09 LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY: -I-HA-I- PORTION OF TIE WEST HALF OF SECl-ION 32; AND T& NORTH HALF OF SE’XION 31; AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, ALL BEING PAGE 4 ,A rl ORDER NO. l-24-1 1 IN TOWNSHIP 12 SOUTH RANGE 3 WEST; TOGETHER WITH THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, IN TOWNSHIP 12 SOUI-H, RANGE 4 WEST. IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE OFFICIAL PIAT THEREOF DESCRTBED AS FOLLOWS: . BEGINNING AT THE NORmSI- CORNER OF SAID WEST HALF; THENCE SOUTH 89”53’42” EAST ALONG THE NORTH LINE OF SAID WEST HALF, 268953 FEFT TO THE NORTHEAST CORNER THEREOF; THENCE S0LR-H OCP3638” WEST ALONG THE EAST LINE OF SAID WEST HALF, 3120.35 FEET TO A POINT ON THE SO my rUGHI- OF WAY LINE OF A 200.00 FOOT SAN DIEW GAS AND ELECTRIC w, RECORDED APRIL 19. 1954 IN BOOK 5208, PAGE 399 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE LEAVMG SAiD EiiS’T LINE AND ALONG SAID EASEMENT LJNE NORTH 64”13’23” WEST, 2226.43 FEFT; THENCE SOUT’H 72’=08’00” WEST, 65.20 FEEI’ TO A POINT ON A LINE, SAID IJNE BEING 45.00 FEfi SOUTHWESIERLY MEASURED AT RIGHT ANGLES AND PARALLEL WITH SAID SOUI’HWEmRLY RIGHT OF WAY LINE OF A 200.00 FOOT SAN DlEGO GAS AND ~CTRIC COMPANY EASEMENT; THENCE NORTH 64’1323” WEST ALONG SAID PARALLEL LINE 1583.36 FEET TO A POINT ON THE SOVI-HEASTERLY BOUNDARY LINE OF LA COSTA VALE LJNlT NO. 3. KN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNLA ACCORDING TO MAP THEREOF NO. 7950, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 3.1974; THENCE NORTH 31”oo’OO” EAST ALONG SAID BOUNDARY LINE 45.19 FEET.TO THE NORTHEAST CORNER OF SAID MAP NO. 7950; THENCE NORTH 64’13’23” WEST ALONG THE NOR’IHEASTERLY BOUNDARY LINE OF SAID MAP NO. 7950, A DISTANCE OF 1326.91 FEZT; THENCE SOUTH 43°30’OO” WEST 47759 FEET TO THE BEGINNING OF A NON- TANGENT 1720.00 FOOT b’JXUS CURVE, CONCAVE NOR WY. A RADIAL LINE TO SAID POINT BEARS SOUTH 43”30’00” WEST; THENCE NOR- Y ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°50’OO” A DISTANCE OF 85.06 FEE+; THENCE TANGENT TO SAID CURVE NORTH 43’40’ WEST 445.15 FEET TO THE BEGINNING OF A TANGENT 455.00 FOOT h4DIUS CURVE. CONCAVE SOUTHERLY; THENCE NOR- Y. WESTERLY AND SOL..sIERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF %050’OO”’ A DISTANCE OF 768.98 FEET; THENCE TANGENT TO SAID CURVE SOVI-H 39’30’00” WEST 15351 FEET TO THE BEGINNING OF A TANGENT 780.00 FOOT RADIUS CURVE CONCAVE SOUFHEAS-IERLY; THENCE SOUl-HWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08”59’38” A DISTANCE OF 122.44 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF CARLSBAD TRACT NO. 72-20, UNlT NO. 2, M THE ClTY OF CARISBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNLk ACCORDING TO MAP THEREOF NO. 7779, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 26. 1973; THENCE LEAVING SAID MAP NO. 7950 AND.ALONG THE BOUNDARY OF SAID MAP NO. 7779, NON- TANGENT TO SAID CURVE NORTH 71ooo’OO” WEST 269.16 FEm; THENCE NORTH 44’=00’00” m 965.00 FEET; THENCE NORTH 71”13’23” WEST 276.62 FEET; THENCE SOUTH 77’46’50 WEST 290.25 FEET; THENCE NORTH 59°50’OO” WEST 121.23 FIEFT; THENCE SOUTH 83°40’OO* WEST 114.59 FEET; THENCE SOUTH 14°40’OO” WEST 230.00 FEET; THENCE SOUTH 28‘20’30” WEST 436.00 FEEL THENCE SOUTH 18o27‘3O” EAST 218.11 FEET; THENCE SOUTH 2500328” WEST 165.00 FEFT; THENCE NORTH 64’5632” WEST 300.00 FEET; THENCE SOU4-H OO“24’13” WE!Z 110.03 FEET TO THE INTERSECI-ION WITH THE SOUTHWESTERLY LINE OF THAT CERTAIN 100.00 FOOT EASEMENT TO SAN DIEGO GAS AND ELECIRJC COMPANY, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 19,1954 IN BOOK 5208, PAGE 403 OF OFFICIAL RECORDS; THENCE LEAVING SAID BOUNDARY OF SAID MAP NO. 7779 AND ALONC THE SOW RLY BOUNDARY OF SAID EASEMENT NORTH 64’56’32” WEST TO THE MOST SOUTHERLY CORNER OF CARLSBAD TRACT NO. 75-4 (LA COSTA ESTATES NORTH), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEW, !tXATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8302, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEW COUNTY, MAY 5. 1976; THENCE LEAVTNG SAID EASEMENT ALONG THE EASTERLY BOUNDARY THEREOF NORTH 2fi”0328” EA$T 100.00 FEET; THENCE NORTH 03”02’10” WEST 495.00 m THENCE NORTH 20”25’10” EAST 280.00 FEn; THENCE NORTH PAGE 5 .p I ORDER NO. 1326324-l 1 05°30’oO” WED 130.00 FEET; THENCE NORTH 36”55’10” EAST 345.00 FEET; THENCE NORTH 52”15’00” EAST 160.00 FEET TO A POINT IN THE BOUNDARY OF PARCEL MAP NO. 10179, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEW. STATE OF CALIFORNIA FILED IN THE OFFKE OF THE COUNTY RECORDER OF SAN DIEW COUNTY, JUNE 27,198O AS FILE NO. 80204502 OF OFFKIAL RECORDS; THENCE LEAVING SAID BOUNDARY OF MAP NO. 8302 AND ALONG THE SOUI-HERLY BOUNDARY OF SAID PARCEL MAP NO. 10179, SOUTH 26°58’00” EASI- 346.13 i=EET; THENCE NORTH 89”43’11” EAST 880.46 FEET; THENCE SOUTH 42”13’10” EAST 28125 FEFT; THENCE SOUTH 49°46’54” EAST 170.00 FEET; THENCE SOUTH 42”42’30” EAST 530.00 FEFT; THENCE NORTH 66”2435” EAST 174.50 FEET; THENCE NORTH 89”5820” EAST 145.00 FEET; THENCE NORTH 34’29’10” EAST 30950 FEET; THENCE SOUTH 74”0021” I 14550 FEET; THENCE NORTH 41027’00” EAST 11350 FEET; THENCE SOUI-H 85”44’40” EAST 271.00 FEET; THENCE NORTH 31”57’15” EAST 330.00 FEET; THENCE NORTH 47?5’05” m 129.10 FEET TO THE LNIEFSECI.ION WIT’H THE NORTHERLY LINE OF SAID SECTION 31; THENCE ALONG THE NORTHERLY BOUNDARY THEREOF NORTH 89”43’11” EAST 2607.74 m TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SECTION 25 TOWNSHIP 12 SOUTH RANGE 4 WEST-7 SAN BERNARDINO MERIDLAN, IN THE COUNTY OF SAN DIEGO. S-I-A-E OF CALJFORNIA ACCORDING TO THE OFFICIAL PLAT THEREOF LYING SOUTHEASTERLY OF THE SO-Y BOUNDARY OF SAID MAP NO. 8302. EXCEPT THEREFROM THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 32 TOWNSHIP 12 SOUTH RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN. DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTTON 32; THENCE ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARTER SOUTH o”3631” WEST. 950.65 FEET; THENCE SOUI-H 31”28’50” WEST, 341.61 FEFT; THENCE SOUTH 58”4249” WEST, 456.37 FEET; THENCE NORTH 76”12’27” WEST 230.37 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH O”3631” EAST, 77.00 m; THENCE NORTH 89-23’29” WEST, 350.00 FEET; THENCE SOUI-H O”3631” WEST. 265.00 FEET; THENCE SOUTH 46O28’07” EAST, 68.28 FEET; THENCE SOUTH 55’2826” EAST 34.95 FEET; THENCE SOUTH 67”10’26” EAST. 76.69 FEET; THENCE SOUTH 89’2329” EAST, 110.00 FEET; THENCE NORTH 78°04’47’ EAST. 92.20 FEETT TO A LINE WHICH BEARS SOUTH O”36’31” WEST FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE. NORTH O”3631” EAST. 263.00 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEKING THEREFROM THAT PORTION OF THE NORTHERLY HALF OF SECTION 32, TOWNSHIP 12 SOUI-H RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN. DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE ALONG THE NORTH LINE THEREOF SOUIH 89O53’42” EAST 496.36 FEET; THENCE LEAVING SAID NORTH LINE SOUlH 0V6’18” WEST, 210.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89’53’42” ESI-. 23757 FEEI- TO THE BEGINNING OF A 470 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EA!XERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36O03’42”, A DISTANCE OF 295.82 FEET; THENCE TANGENT TO SAID CURVE S0vI-H 53°50’00” EAST, 386.84 FEET; THENCE SOUI’H 35”24’00” WEST. 30.75 FEET; THENCE SOUTH 63°42’oO” EAST, 424.18 FEET, THENCE SOUTH 76’40’00” EA&i, 28830 FET; THENCE SOUTH OO”OO’OO” WEST, 81.00 FEEI-; THENCE SOUTH 72”49’00” WEST, 288.60 FEET; THENCE NORTH 89”32’30” WEST, 628.00 FEl3; THENCE SOW-H 87°08’00” WEST. 618.80 FEET; THENCE NORTH 47”3600” WEST, 187.00 FEET; THENCE NORTH 2”5600” EAST, 16620 FEET; THENCE NORTH 20”05’30” EAST, 530.37 FEET TO THE TRUE POINT OF BEGINNING. PAGE 6 . :-- ? ORDER NO. 1126324-11 ALSOEXCEPTING THEREFROM THAT PORTION OF SE(X-ION 31. TOWNSHIP 12 SO’XH RANGE 3 WES’l-, SAN BERNARDINO BASE AND MERIDIAN. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUIHEAST CORNER OF PARCEL 3 OF PARCEL MAP NO. 10179 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEW COUNTY, STATE OF CALIFORNIA BEING THE SOUTHEAST CORNER OF SECTION 30 AS SHOWN ON SAID PARCEL MAP, THENCE SOUTH 89*43’11” WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, A DISTANCE OF 48.19 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROAD SURVEY NO. 454, ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID SAN DIEGO COUNTY; THENCE LEAVING SAID SOUTHERLY LINE AND ALONG SAID RIGHT OF WAY LINE S0Ui-H 31”32’16” WEST 247.14 m TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 89*43’11” EAST, 145.34 FEET TO A POINT ON THE NORTHWESTERLY RJGHT’ OF WAY LINE OF PROPOSED RANCH0 SANTA FE DRIVE THENCE ALONG SAID NOR- Y RIGKT OF WAY LINE SOUTH 12w42” WEST, 2251 FEEI- TO THE BEGINNING OF A TANGENT 1137 FOOT RADIUS CURVE, CONCAVE NORTKWESIERLY; THENCE SOBY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7”17’27” A DISTANCE OF 144.68 FEE% THENCE LEAVING SAID NORTHWESIERLY RIGHT OF WAY LINE NORTH 69V0’009 WEST. 172.47 FEET TO A POINT ON SAID SOUTHWESTERLY RIGHT OF WAY LINE; THENCE NORTH 31”32’16” EAST, 11550 FEET TO THE TRUE POINT OF BEGlNNING. AFFECTS PARCEL NOS. 223-071-09,223-050-51. 223-050-52.223-05~53.223-05~54, 223-05@59,223- 05065. NO-D? THIS PARCEL IS DESCRIBED IN A MANNER NOT NORMALLY USED BY TI-DJS INSURERS. AS A CONVENrEN CE TO OUR CUSTOMERS. THEREFGRE IT IS IMPORTANT THAT THIS DESCRIPTION NOT BE INCLUDED IN ANY CONVEYANCES, As IT IS NOT INSURABLE. PARCEL cc: ~WESTKALFOFTHESOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 12 SOm RANGE 3 WEST. SAN B’ERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO OFFlCLAL PLAT THEREOF. AFFECIYS PARCEL NOS. 223-01 l-02 223-01 l-03,223-03281 AND 223-032-02. PARCEL DD: THOSE PARCELS OF LAND SHOWN AND DELINEATED ON THE SAN DIEGO COUNTY A!XESSOR’S MAPS BEING PARCELS 223-011-4, 223-011-5. 223-011-6, 223-021-8 AND 223-011-1~ LYING WTI-HIN THE FOLLOWING DESCRIBED PROPER’IY: PARCELS 3 AND 4 OF PARCEL MAP NO. 10179. IN THE CITY OF CARISBAD. COUNTY OF SAN DLEGO, STATE OF CALIFORNLA FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. JUNE 17.1980 AS FILE NO. go-204502 OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION DELINEATED AND DESIGNATED “NOT A PART” ON SAID PARCELMAP. EXCEFTNG THEREFROM THAT PORTION LYING WITHIN CARLSBAD TRACT NO. 79-2503) UNlT NO. 1. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEW. STATE OF CALlF0-A PAGE 7 .H I) , ORDER NO. 112632411 ACCORDING TO MAP THEREOF NO. 10243, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEW COUNTY, OCTOBER 20.1981. ALSO EXCEPTING THEREFROM THOSE PORTIONS LYING WTTHLN CARLSBAD TRACT NO. 79- 255(B) PHASE VI. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEW. STATE OF CALLFoRNh ACCORDING TO MAP THEREOF NO. 10820, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. JANUARY 13.1984. AND CARLSBAD TRA(JT NO. 84-23. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIF0RNl.A ACCORDING TO MAP THEREOF NO. 11241, FILED IN THE OFFiCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. MAY 22.1985. ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN RECORD OF SURF NO. 9182 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNL& FILED IN THE 0mcE 0F w cow-n RECORDER 0~ SAN DIEGO COUNTY. OCTOBER 28.1982 AS Fu NO. 82-332144 OF OFFICIAL RECORDS. ALSO EXCEITNG THEREFROM THAT PORTION OF SAID PARCEL MAP NO. 10179 LYING NORTHEAslERLY OF THE m OF THAT CERTAIN RIGHT OF WAY As DESCRIBED IN DEED TO THE COUNTY, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DKEGO COUNTY, APRIL 7.1966 AS FILE NO. 58549 OF OFFICIAL RECORDS. ALSO EXCEFl-ING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMM?ZNCI-NG AT THE SOUTHEAST CORNER OF LA COSTA MEADOWS, UNTT’ NO. 2, ACCORDING TO MAP NO. 6095 ON FILE IN THE OFFiCE OF THE COUNTY RECORDER OF SAID COUNTY, SAID SOUTHEAST CORNER BEING A POINT ON THE SO-Y RIGHT-OF- WAY OF EL FUERTE STREET AS SHOWN ON SAID MAP NO. 6905; THENCE NORTH 68*13’V EAST 1536.70 FEFT To THE TRUE POINT OF BEGINNING; THENCE SOUTH 68”ol’lo” EAtZ 9951 FEEr;THENCE SOUTH51*54'40"~141.03 FE~;THENCE sourH22"52'25" WEST191.85 FEET; THENCE SOUTH 57°13’oo” WEST 73.07 FEFT; THENCE NORTH 83*46’00” WEST 185.97 FEFf; THENCE NORTH 34’25’48” WEST 144.00 FEET; THENCE NORTH 55?i4’12” EAST 100.00 = To THE BEGINNING OF A TANGENT 322-FOOT RADlUS CURVE CONCAVE NORTHWE!j-l’=LY; THENCE NORTHDdERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33O35’22” A DISTANCE OF 188.77 FEET TO THE TRUE POINT OF BEGINNING. AFFECTS PARCEL NOS. 223-Oll-O4.223-O11-05.223-011-06; 223-021-O8.223-O21-11. NOTE: THIS PARCEL IS DESCRIBED IN A MANNER NOT NORMALLY USED BY TITLE INSURERS, AS A CO NVENTENCE TO OUR CUSTOMERS. THEREFORE, IT IS IMPORTANT THAT THIS DESCRIPTION NOT BE INCLUDED IN ANY CONVEYANCES, AS IT IS NOT INSURABLE. PAGE8