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HomeMy WebLinkAboutMS 05-21; BILTMORE TENTATIVE MAP; Engineering ApplicationCITY OF CARLSBAD - ENGINEERING DEPARTMENT APPLICATION ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. PROJECT NAME: BILTMORE MINOR SUBDIVISION DATE: PROJECT DESCRIPTION:- PARCEL MAP CREATING TWO PARCELS PROJECT ADDRESS: LAUREL TREE LANE LOT NO(S).: N/A MAP NO.: N/A APN(S).: 212-040-25 NUMBER OF LOTS: 2 NUMBER OF ACRES: 1 c - g 7 OWNER: CENT—BILTMORE APPLICANT: ASCENT—BILTMORE Mailing Address: 3255 FORTUNA RANCH RD Mailing Address: 3255 FORTUNA RANCH RD. OLIVENHAIN, CA 92024 OLIVENHAIN, CA 92024 Phone Number: 858-759-9055 Phone Number: 858-759-9055 Fax Number: 858-759-0117 Fax Number: 858-759-0117 E-Mail: thomas.smi-thl@cox.net E-Mail: thomas.smithl@cox.net I certify that I am the le owner d that all the above information is true an orrect be knowledge. Signatu : Dãtè: Signature: Dãté: CIVIL ENGINEER: V SPFAP, PLS SOILS ENGINEER: N/A FIRM: SPEAR & ASSOCIATES, INC. FIRM: Mailing Address: 475 PRODUCTION STREET Mailing Address: SAN MARCOS, CA 92078 Phone Number: 760-736-2040 Phone Number: Fax Number: 760-736-4866 Fax Number: E-Mail: RSPEARaSPEARINC .NET E-Mail: State Registration Number:r,s 6 40 4 State Registration Number: ADDITIONAL COMMENTS: IMPROVEMENT VALUATION What water district is the proposed project located in? (check one) JJ Carlsbad Municipal Water District DOlivenhain DVal!ecitos If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ N/A GRADING QUANTITIES cut N/A cy fill N/A cy remedial N/A cy import N/A cy export N/A cy SEE REVERSE SIDE H:/DEVELOPMENT SERVICES/MASTERS/Application for Engineering Plan Check Revised 1/14/02 Mc Q__ CITY OF CARLSBAD - ENGINEERING DEPARTMENT APPLICATION ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. APPLICATION FOR (' all that apply) FOR CITY USE ONLY PROJECT I.D. DRAWING NUMBER DEPOSIT/FEES PAID COMMENTS [] Adjustment Plat (ADJ) [] Certificate of Compliance (CE) [J Dedication of Easement (PR) Type:_________________ Type:___________________ Type:_________________ Encorachment Permit (PR) Final Map (FM) LI Grading Plancheck (DWG) Improvement Plancheck (DWG) Parcel Map (PM) coc-;zi fioc-sv 3,25' Quitclaim of Easement (PR) Type:___________________ Type:__________________ Type:__________________ Reversion to Acreage (RA) fl Street Vacation (STy) Tentative Parcel Map (MS) LI Certificate of Correction (CCOR) Covenant of Easement (PR) Substantial Conformance Exhibit (SCE) LI Other APPLICATION ACCEPTED BY: RECEIVED JAN 132006 ENGINEERING DEPARTMENT DATE STAMP APPLICATON RECEIVED H:/DEVELOPMENT SERVICES/MASTERS/Application for Engineering Plan Check Page 2 Revised 1/14/02 CITY OF CARLSBAD - ENGINEERING DEPARTMENT APPLICATION ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. PROJECT NAME: BILTMORE TENTATIVE PARCEL MAP DATE: PROJECT DESCRIPTION:PROPOSED 2—PARCEL SUBDIVISION TO CREATE ONE OPEN SPACE PARCEL AND ONE PARCEL FOR DEVELOPMENT PROJECT ADDRESS: LAUREL TREE LANE LOT NO(S).: N/A MAP NO.: ROS 5715 APN(S).: 21 2-040-25 NUMBER OF LOTS: 2 NUMBER OF ACRES: 15. 692 OWNER: ASCENT —BILTMORE CARLSBAD,LL APPLICANT: THOMAS SMITH MailingAddress: 3255 FORTUNA RANCH RD. MailingAddress: 3255 FORTUNA RANCH RD. OLIVENHAIN, CA 92024 OLIVENHAIN, CA 92024 Phone Number: g_gp Phone Number: 858-759-9055 Fax Number: 858-759-9055 Fax Number: RS_7g_9g55 E-Mail: E-Mail: 'THOMACSI' ITH@ADDLPIXIA.NET I certify that lam the Iega,,9wner and that all the above 1M1e5 C.0( information is true a ect to est f my knowledge. Signatur Date:______ Signat : Date: 4_1D CIVIL ENGINEER: RICHARD LANG SOILS ENGINEER: JOSEPH VETTEL FIRM: LANG ENGINEERING FIRM: GEOCON Mailing Address: 561 SAXONY PLACE 101B Mailing Address: AgAo FT.ANnPRAq F)RTVP ENCINITAS, CA 92024 SAN DTFf,U, CA 97121 Phone Number: 760-487-1918 Phone Number: 858-558-6900 Fax Number: 760-487-1917 Fax Number: ____________ E-Mail: RLANGaLANGENGINEERING . CUM E-Mail: State Registration Number: RCE 3' State Registration Number: ( 7401 ADDITIONAL COMMENTS: PROJECT LAND SURVEYOR FOR TENTATIVE PARCEL MAP RAY SPEAR, PLS 6404 SPEAR & ASSOCIATES, INC. 475 PRODUCTION STREET, SAN MARCUS, CA 92075 P14NE:70-736-2040 FAX:760-736-4866 RSPEAR(aSPEARINC . NET IMPROVEMENT VALUATION What water district is the proposed project located in? (check one) Carlsbad Municipal Water District DOlivenhain flVallecitos If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ GRADING QUANTITIES cut cy fill _____ cy remedial _ cy import _____ cy export_____ cy SEE REVERSE SIDE H:/DEVELOPMENT SERVICES/MASTERS/Application for Engineering Plan Check Revised 1/14/02 CJ-OF CARLSBAD - ENGINEERING DEPAENT APPLICATION ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. APPLICATION FOR (v' all that apply) FOR CITY USE ONLY PROJECT I.D. DRAWING NUMBER DEPOSiT/FEES PAID COMMENTS [] Adjustment Plat (AD)) [] Certificate of Compliance (CE) [] Dedication of Easement (PR) Type:__________________ Type:___________________ Type:___________________ LI Encorachment Permit (PR) El Final Map (FM) El Grading Plancheck (DWG) El I(ovement Plancheck (DWG) ("Parcel Map (PM) __ __________ El Quitclaim of Easement (PR) Type:_________________ Type:___________________ Type:__________________ [] Reversion to Acreage (RA) Street Vacation (SN) [J Tentative Parcel Map (MS) [] Certificate of Correction (CCOR) LI Covenant of Easement (PR) [] Substantial Conformance Exhibit (SCE) [] Other APPLICATION ACCEPTED BY: 2005 DATE STAMP APPLICATON RECEIVED H:/DEVELOPMENT SERVlCESASTERS/Application for Engineering Plan Check Page 2 Revised 1114/02 2365 NORTHSIDE DRIVE SUITE 500 SAN DIEGO, CA 92108 By: P.INDY QUIRK President By: TODD JOHNSO2 Secretary I . SUBDIVISION GUARANTEE Guarantee No: Order No: 603040040 - U50 Liability: $1,000.00 Fee: $750.00 CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES The County of SAN DIEGO and any City within which said subdivision is located in a sum not exceeding $1,000.00 that, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said map are set forth in Schedule A. The map hereinbefore referred to is a subdivision of: CITY OF CARLSBAD MINOR SUBDIVISION NO. 05-21 Dated: March 16, 2006 CHICAGO TITLE INSURANCE COMPANY Issued by: CL.TA Guarantee Form No. 14 (Rev. 4-10-75) SUBFACE -- 03/06/03 PA Order No: 603040040 -U50 Dated: March 16, 2006 at7:30 A.M. MapNo:MS 05-21 Subdivision: CITY OF CARLSBAD MINCR SUBDIVISION NO. 05-21 Fax Number: (619)544-6292 SCHEDULE A The map hereinbefore referred :o is a subdivision of: SEE ATTACHED DESCRIPTION The parties hereinbefore referred to are: OWNER: ASCENT-BILTMORE CARLSBAD, LLC, A DELAWARE LIMITED LIABILITY COMPANY TRUST DEED HOLDERS: CHICAGO TITLE COMPANY, TRUSTEE UNDER DEED OF TRUST RECORDED OCTOBER 19, 2004 AS FILE NO. 2004-0992203, OFFICIAL RECORDS. EASEMENT HOLDERS: THE SIGNATURE OF SAN DIEGO GAS AND ELECTRIC COMPANY, OWNER OF AN EASEMENT AS DISCLOSED BY DEED RECORDED AUGUST 14, 157 IN BOOK 6706, PAGE 514 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A) (3) (A) (I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. THE SIGNATURE OF THE COUNTY OF SAN DIEGO, OWNER OF EASEMENTS AS DISCLOSED BY DEEDS RECORDED FEBRUARY 16, 1963 AS DOCUMENT NO, 31696; AUGUST 16, 1960 AS DOCUMENT NO. 165716 AND SEPTEMBER 22, 2035 AS FILE NO. 2005-0819338, ALL OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A) (3) (A) (I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. SEE ATTACHED EXHIBIT SUBDIVA-- 12/22/88 ..--- I S Policy No. Page 1 EXHIBIT THE SIGNATURE OF JAMES S. UKEGAWA, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, CARLSBAD LAUREL TREE APARTMENTS, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND KELLY/JRM-PALOMAR AIRPORT ROAD I, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY , OWNER OF AN EASEMENT AS DISCLOSED BY DEED RECORDED FEBRUARY 2, 1961 AS DOCUMENT NO. 19367 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A) (3) (A) (I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. THE SIGNATURE OF THE CITY OF CARLSBAD, OWNER OF EASEMENTS AS DISCLOSED BY DEEDS RECORDED MAY 11, 1982 AS FILE NO. 82-139472 AND SEPTEMBER 14, 1990 AS FILE NO. 90-504662, BOTH OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A) (3) (A) (I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. EXHIBITS -- 12/22/88 Page 1 DESCRIPTION OrderNo. 603040040 PARCEL A: THAT PORTION OF THAT CERTAIN PARCEL OF LAND SHOWN AND DESIGNATED AS DESCRIPTION NO. 3, 78.01 ACRES ON RECORD OF SURVEY MAP NO. 5715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1960, BEING A PORTION OF LOT "G" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING SOUTHERLY OF THE CENTER LINE OF COUNTY ROAD SURVEY NO. 1534 AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 5715, (NOW KNOWN AS PALOMAR AIRPORT ROAD) AND LYING WESTERLY OF A STRAIGHT LINE DRAWN NORTHERLY FROM THE MOST NORTHERLY CORNER OF "DESCRIPTION NO. 5" OF SAID RECORD OF SURVEY MAP NO. 5715 TO A POINT ON THE CENTER LINE OF SAID ROAD SURVEY NO. 1534, DISTANT THEREON NORTH 780 54' 09" WEST, 110.74 FEET FROM THE WESTERLY TERMINUS OF THAT 1200.00 FOOT RADIUS CURVE IN THE CENTER LINE OF SAID ROAD SURVEY NO. 1534 AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 5715. PARCEL B: ALL EASEMENTS OF EVERY KIND, NATURE AND DESCRIPTION AS DISCLOSED IN ARTICLE II OF A DOCUMENT ENTITLED "DECLARATION OF COVENANTS REGARDING MUTUAL DEVELOPMENT", DATED JANUARY 31, 2003 EXECUTED BY KELLY/JRM-PALOMAR AIRPORT ROAD I, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("KJRM") AND NORDARL CENTER PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP ("NC"), SUBJECT TO ALL THE TERNS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED OCTOBER 13, 2004 AS FILE NO. 2004-0972747 OF OFFICIAL RECORDS. APN: 212-040-25 S (9 CHICAGO TITLE COMPANY PRELIMINARY REPORT FIRST AMENDED Dated as of: March 16, 2006 at 7:30 AM Reference: ASCENT BILTMORE/CARLSBAD Order No.: 603040040 - U50 CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or Interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to In Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of title insurance policy and should be carefully considered. It is Important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY nE Visit Us On The Web: westerndivision. ctt. corn CHICAGO TITLE COMPANY 2365 NORTHSIDE DR. #500 SAN DIEGO, CA 92108 (619)5 W Cyr 521-3608 T otel TITLE OFFICER PFP ..08/05/99bk Title Department: SCHEDULE A )rderNo: 603040040 U50 Your Ref: ASCENT BILTMORE/CARLSBAD The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE AS TO PARCEL A; AN EASEMENT MORE FULLY DESCRIED BELOW AS TO PARCEL B Title to said estate or interest at the date hereof is vested in: ASCENT-BILTMORE CARLSBAD, LLC, A DELAWARE LIMITED LIABILITY COMPANY The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: SEE ATTACHED DESCRIPTION I Page 1 DESCRIPTION Order No. 603040040 PARCEL A: THAT PORTION OF THAT CERTAIN PARCEL OF LAND SHOWN AND DESIGNATED AS DESCRIPTION NO. 3, 78.01 ACRES ON RECORD OF SURVEY MAP NO. 5715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1960, BEING A PORTION OF LOT "G" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING SOUTHERLY OF THE CENTER LINE OF COUNTY ROAD SURVEY NO. 1534 AS SHOWN.ON SAID RECORD OF SURVEY MAP NO. 5715, (NOW KNOWN AS PALOMAR AIRPORT ROAD) AND LYING WESTERLY OF A STRAIGHT LINE DRAWN NORTHERLY FROM THE MOST NORTHERLY CORNER OF "DESCRIPTION NO. 5" OF SAID RECORD OF SURVEY MAP NO. 5715 TO A POINT ON THE CENTER LINE OF SAID ROAD SURVEY NO. 1534, DISTANT THEREON NORTH 780 54' 09" WEST, 110.74 FEET FROM THE WESTERLY TERMINUS OF THAT 1200.00 FOOT RADIUS CURVE IN THE CENTER LINE OF SAID ROAD SURVEY NO. 1534 AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 5715. PARCEL B: ALL EASEMENTS OF EVERY KIND, NATURE AND DESCRIPTION AS DISCLOSED IN ARTICLE II OF A DOCUMENT ENTITLED "DECLARATION OF COVENANTS REGARDING MUTUAL DEVELOPMENT", DATED JANUARY 31, 2003 EXECUTED BY KELLY/JRM-PALOMAR AIRPORT ROAD I, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("KJRM") AND NORDAHL CENTER PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP ("NC"), SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED OCTOBER 13, 2004 AS FILE NO. 2004-0972747 OF OFFICIAL RECORDS. APN: 212-040-25 SCHEDULE B Page 1 OrderNo: 603040040 U50 YourRef: ASCENT BILTMORE/CARLSBAD At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2006-2007 THAT ARE A LIEN NOT YET DUE. E 2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2005-2006 1ST INSTALLMENT: $23,797.52 (PAID) 2ND INSTALLMENT: $23,797.52 PENALTY AND COST: $2,389.75 (DUE AFTER APRIL 10) HOMEOWNERS EXEMPTION: $NONE CODE AREA: 09104 ASSESSMENT NO: 212-040-25 C 3. SUPPLEMENTAL OR ESCAPED TAXES FOR THE FISCAL YEAR 2005-2006, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 1ST INSTALLMENT: $1,458.85 (PAID) 2ND INSTALLMENT: $1,485.85 (PAID) CODE AREA: 09104 ASSESSMENT NO: 849-118-13-44 D 4. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. E 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: AUGUST 14, 1957 IN BOOK 6706, PAGE 514, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. F 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: COUNTY OF SAN DIEGO PURPOSE: PUBLIC ROAD RECORDED: FEBRUARY 16, 1960 AS FILE NO. 31696, OFFICIAL REB -10/31/e7bk Page 2 Order No: 603040040 U50 SCHEDULE B (continued) Your Ref: ASCENT BILTMORE/CARLSBAD RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. AJ SAID INSTRUMENT ADDITIONALLY CONTAINS THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE ABOVE DESCRIBED RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. G 7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE COUNTY OF SAN DIEGO PURPOSE: EASEMENT FOR COUNTY HIGHWAY (ROAD SURVEY 1534) RECORDED: AUGUST 16, 1960 AS FILE NO. 165716, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. AK SAID INSTRUMENT ADDITIONALLY CONTAINS THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE ABOVE DESCRIBED RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. H 8. AN EASEMENT FOR THE PURPOSES SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN BELOW MAP NO.: RECORD OF SURVEY MAP NO. 5715 PURPOSE: ROADWAY AND UTILITY PURPOSES AFFECTS: WESTERLY 30 FEET OF SAID LAND r 9. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: RESERVED BY TITLE INSURANCE AND TRUST COMPANY PURPOSE: ROAD AND UTILITY RECORDED: FEBRUARY 2, 1961 AS FILE NO. 19367, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. AM SAID EASEMENT IS APPURTENANT TO AND FOR THE USE AND BENEFIT OF THE FOLLOWING PARCELS OF LAND: APN 212-040-56, CURRENTLY VESTED IN JAMES S. UKEGAWA, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY APN 212-040-59, CURRENTLY VESTED IN CARLSBAD LAUREL TREE APARTMENTS, L.P., PRELIMBC-9/23/9bk SCHEDULE B Page 3 (continued) Order No: 603040040 U50 Your Ref: ASCENT BILTMORE/CARLSBAD A CALIFORNIA LIMITED PARTNERSHIP APN 212-040-64, CURRENTLY VESTED IN KELLY/JRM-PALOMAR AIRPORT ROAD I, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY IT 10. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CITY OF CARLSBAD PURPOSE: SEWER AND ACCESS RECORDED: MAY 11, 1982 AS FILE NO. 82-139472, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. K 11. AN EASEMENT FOR HIGHWAY PURPOSES AS TAKEN BY THE CITY OF CARLSBAD SUPERIOR COURT jN41292 RECORDED SEPTEMBER 14, 1990 AS FILE NO. 90-504662, OFFICIAL RECORDS. L SAID INSTRUMENT ADDITIONALLY CONTAINS THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE ABOVE DESCRIBED RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. M 12. DRAINAGE CHANNEL AND ALL STRUCTURES INCIDENTAL THERETO AS TAKEN BY THE CITY OF CARLSBAD SUPERIOR COURT CASE #N41292 RECORDED SEPTEMBER 14, 1990 AS FILE NO. 90-504662, OFFICIAL RECORDS. N 13. AN EASEMENT FOR OPEN SPACE TOGETHER WITH THE RIGHT TO ENTER AS TAKEN BY THE CITY OF CARLSBAD SUPERIOR COURT CASE N4192 RECORDED SEPTEMBER 14, 1990 AS FILE NO. 90-504662, OFFICIAL RECORDS. o RESTRICTIONS ON THE USE, BY THE OWNERS OF SAID LAND, OF THE EASEMENT AREA AS PROVIDED IN THE DOCUMENT REFERRED TO ABOVE. p 14. NOTICE OF SPECIAL TAX LIEN OF THE CITY OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1, State of California RECORDED MAY 20, 1991 AS FILE NO. 1991-0236959, OFFICIAL RECORDS. Q 15. AMENDED DIAGRAM OF ASSESSMENT DISTRICT NO. 86-1 RECORDED JULY 30, 1992 AS FILE NO. 1992-0475545, OFFICIAL RECORDS. R 16. A CERTIFIED COPY OF RESOLUTION NO. 97-528 OVERRULING AND DENYING PROTESTS AND ESTABLISHING BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY-POINSETTIA LANE) TO FINANCE THE COSTS OF MAJOR PUBLIC IMPROVEMENTS IN SAID CITY, WAS RECORDED JULY 22, 1997 AS FILE NO. 1997-0349124 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. PREUMBC-9/23/93bk SCHEDULE B Page 4 (continued) Order No: 603040040 U50 Your Ref'. ASCENT BILTMORE/CARLSBAD s 17. A DOCUMENT ENTITLED "DECLARATION OF COVENANTS REGARDING MUTUAL DEVELOPMENT ", DATED JANUARY 31, 2003, EXECUTED BY KELLY/JRM-PALOMAR AIRPORT ROAD I, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("KJRM") AND NORDAHL CENTER PARTNERS, L. P., A CALIFORNIA LIMITED PARTNERSHIP ("NC"), SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED OCTOBER 13, 2004 AS FILE NO. 2004-0972747 OF OFFICIAL RECORDS. T 18. EASEMENTS FOR INGRESS AND EGRESS, PIPELINES, DRAINAGE AND/OR PUBLIC UTILITIES AND INCIDENTAL PURPOSES THERETO OVER, UNDER, ALONG AND ACROSS THE EASEMENT PARCEL(S) HEREIN DESCRIBED AS GRANTED AND/OR RESERVED IN VARIOUS DEEDS OF RECORD. AFFECTS: PARCEL B U 19. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: $ 2,775,000.00 DATED: OCTOBER 15, 2004 TRUSTOR: ASCENT-BILTMORE CARLSBAD, LLC, A DELAWARE LIMITED LIABILITY COMPANY TRUSTEE: CHICAGO TITLE COMPANY BENEFICIARY: FIRST NATIONAL BANK OF OLATHE, ORGANIZED AND EXISTING UNDER THE LAWS OF KANSAS RECORDED: OCTOBER 19, 2004 AS FILE NO. 2004-0992203, OFFICIAL RECORDS v AN AGREEMENT TO MODIFY THE TERMS AND PROVISIONS OF SAID DEED OF TRUST AS THEREIN PROVIDED EXECUTED BY: ASCENT-BILTMORE CARLSBAD, LLC AND THE FIRST NATIONAL BANK OF OLATHE RECORDED: JUNE 3, 2005 AS FILE NO. 2005-0468320 OF OFFICIAL RECORDS w AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: AVIGATION EASEMENT RECORDED: SEPTEMBER 22,-2005 AS FILE NO. 2005-0819338 OF OFFICIAL RECORDS BY AGREEMENT ' RECORDED OCTOBER 4, 2005 AS FILE NO. 2005-0856584 OF OFFICIAL RECORDS x 20. AN UNRECORDED LEASE AFFECTING THE PREMISES HEREIN DESCRIBED, EXECUTED BY AND BETWEEN THE PARTIES HEREIN NAMED, WITH CERTAIN TERMS, COVENANTS, CONDITIONS AND PROVISIONS SET FORTH THEREIN AELIMBC-9/23/93bk I SCHEDULE B Page 5 (continued) Order No: 603040040 U50 Your Ref: ASCENT BILTMORE/CARLSBAD LESSOR: ASCENT-BILTMORE CARLSBAD, LLC, A DELAWARE LIMITED LIABILITY COMPANY LESSEE: FITNESS USA, INC., A CALIFORNIA CORPORATION DISCLOSED BY: MEMORANDUM OF LEASE RECORDED: MAY 24, 2005 AS FILE NO. 2005-0437944 OF OFFICIAL RECORDS y THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. z 21. AN UNRECORDED LEASE AFFECTING THE PREMISES HEREIN DESCRIBED, EXECUTED BY AND BETWEEN THE PARTIES HEREIN NAMED, WITH CERTAIN TERMS, COVENANTS, CONDITIONS AND PROVISIONS SET FORTH THEREIN LESSOR: ASCENT-BILTMORE CARLSBAD, LLC, A DELAWARE LIMITED LIABILITY COMPANY LESSEE: 24 HOUR FITNESS USA, INC., A CALIFORNIA CORPORATION DISCLOSED BY: MEMORANDUM OF LEASE RECORDED: MAY 24, 2005 AS FILE NO. 2005-0437945 OF OFFICIAL RECORDS AA THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. AB 22. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: COUNTY OF SAN DIEGO PURPOSE: AVIGATION RECORDED: SEPTEMBER 22, 2005 AS FILE NO. 2005-0819338 OF OFFICIAL RECORDS AFFECTS: THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. AC 23. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED 'NOTICE OF MULTI-IMPACTS" RECORDED NOVEMBER 18, 2005 AS FILE NO. 2005-01001388 OF OFFICIAL RECORDS. AD 24. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "NOTICE OF RESTRICTION ON REAL PROPERTY" RECORDED NOVEMBER 18, 2005 AS FILE NO. 2005-01001389 OF OFFICIAL RECORDS. AL 25. ANY CLAIMS FOR MECHANICS' LIENS ON SAID LAND THAT MAY BE RECORDED, BY REASON OF A WORK OF IMPROVEMENT THAT IS DISCLOSED BY A NOTICE OF COMPLETION PRELIMBC-9/23/93bK SCHEDULE B Page 6 (continued) DrderNo: 603040040 U50 Your Ref: ASCENT BILTMORE/CARLSBAD RECORDED: FEBRUARY 6, 2006 AS FILE NO. 2006-0086596, OFFICIAL RECORDS AE 26. RIGHTS OF PARTIES IN POSSESSION OF SAID LAND. MATTERS AFFECTING THE RIGHTS OF SAID PARTIES ARE NOT SHOWN HEREIN. AF 27. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. AG END OF SCHEDULE B AR NOTE NO., 1: YOUR OPEN ORDER REQUEST INDICATES THAT A LIMITED LIABILITY COMPANY WILL BE ACQUIRING, ENCUMBERING OR CONVEYING REAL PROPERTY IN YOUR TRANSACTION. UNDER THE PROVISIONS OF "THE CALIFORNIA LIMITED LIABILITY ACT, EFFECTIVE SEPTEMBER 30, 1994" THE FOLLOWING WILL BE REQUIRED: A COPY OF THE ARTICLES OF ORGANIZATION (AND ALL AMENDMENTS, IF ANY) THAT HAS BEEN FILED WITH THE SECRETARY OF STATE. THE REQUIREMENT THAT THIS COMPANY BE PROVIDED WITH A COPY OF THE OPERATING AGREEMENT. THE COPY PROVIDED MUST BE CERTIFIED BY THE APPROPRIATE MANAGER OR MEMBER THAT IT IS A COPY OF THE CURRENT OPERATING AGREEMENT. IF THE LIMITED LIABILITY COMPANY IS MEMBER-MANAGED THEN THIS COMPANY MUST BE PROVIDED WITH A CURRENT LIST OF THE MEMBER NAMES. Al GP 1AMEND/JRS RELIMBC-9/23/93bk Notice You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company is required to determine if you qualify for a discount. ..GN-- 11/22/04AA CHICAGO TITLE INSURANCE COMPANY Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy expectation of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ('Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: * From applications or other forms we receive from you or your authorized representative; * From your transactions with, or from the services being performed by, us, our affiliates, or others; * From our internet web sites; * From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and * From consumer or other reporting agencies. Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We may also disclose your Personal Information: * to agents, brokers or representatives to provide you with services you have requested; * to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and * to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in thepublic domain. Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville, FL 32204 Multiple Products or Services: If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. PRIVACYI -- 10/21/03 AA