HomeMy WebLinkAboutAV 96-06; AVOCET AVIARA P.A. LOT 8; Administrative Variance (AV)CITY OF CARLSBAD
• PLANNING DE ztTMENT/RECORDS MANAGEMENT
DOCUMENT MANAGEMENT SYSTEM
SCANNED/IMAGED SHEET
The following documents are scanned and indexed into the Document Management System:
INITIAL DOCUMENT(S) IMAGED BY IMAGED DATE
(
* 9
IMAGED
MAY 21 2002
CITY OF CARLSBAD
PLANNING DEPARTMENT
(VAr
:
ADDED DOCUMENT(S) IMAGED BY IMAGED DATE
PAGE Revised March 30,2001
LOT 8 - AVOCET
T . CITY OF CARLSBAD
J LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPT
USE ONLY)
(FOR DEPT '\ ZJ USE ONLY)
El Master Plan El General Plan Amendment
O Specific Plan Local Coastal Plan Amendment
Precise Development Plan Site Development Plan
0 Tentative Tract Map Zone Change
0 Planned Development Permit M Conditional Use Permit
O Non-Residential Planned Development Hillside Development Permit
Condominium Permit Environmental Impact Assessment
Special Use Permit
Redevelopment Permit
El Tentative Parcel Map
Obtain from Eng. Dept
ffl Administrative Variance
Administrative Permit - 2nd Dwelling Unit
El Variance
0 Planned Industrial Permit
Coastal Development Permit
Planning Commission Determination
List any other applications not specified
2) ASSESSOR PARCEL NO(S). 215-602-62
3) PROJECT NAME: AVOCET, AVIARA PLANNING AREA 4 (LOT 8)
4) BRIEF DESCRIPTION OF PROJECT: ADMINISTRATIVE VARIANCE REQUEST FOR SINGLE FMTTY RESIDENCE TO 41,1.0W
51 PRIVACY WALL WITHIN FRONTYARD SETBACK.
5) OWNER 6) APPLICANT
NAME (PRINT OR TYPE) NAME (PRINT OR TYPE
RDC DEVCO II LIMITED PARTNERSHIP HUNSAKER & ASSOCIATES SAN DIEGO, INC.
MAILING ADDRESS MAILING ADDRESS
180 NORTH RIVERVIEW DR, SUITE 130 10179 HUENNEKENS STREET SUITE 200
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
ANAHEIM , CA 92808 (714) 998-2550 SAN DIEGO, CA 92121 (619) 558-450
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE I CERTIFY THAT I AM THE LEGALJ REPRESENTATIVE OF THE OWNER
ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT
MY KNOWLEDGE. TO THE BEST OF MY KNOWLEDGE.
SIGA SIGNA'fUP DATE D,7 /( U2T -
7) BRIEF L{ESj1'ION:
PARCEL 8 OF PARCEL MAP NO. 16228 (CARLSBAD TRACT 85-35, PHASE 1
UNIT—C)
NOTE: ..f.
t P1WO$ED R4CT ERXNG TUT OLY ON 1U) BE UZD MUST BE UBMl) PUOR TO 4t$ M
LOT 8
.
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
8) LOCATION OF PROJECT: 1702 BLACKBIRD CIRCLE
STREET ADDRESS
ON THE I SOUTH I. SIDE OF I ALGA RD I
(NORTH, SOUTH EAST, WEST) (NAME OF STREET)
BETWEEN I AND I
(NAME OF STREET) (NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE 19
10) PROPOSED NUMBER OF LOTS 11) NUMBER OF EXISTING 12) PROPOSED NUMBER OF
RESIDENTIAL UNITS 1 RESIDENTIAL UNITS
13) TYPE OF SUBDIVISION 14) PROPOSED INDUSTRIAL 15) PROPOSED COMMERCIAL
(RESt COMM/ INDUS) RES OFFICE/SQUARE FOOTAGE _N/A SQUARE FOOTAGE N/A
16) PERCENTAGE OF PROPOSED 17) PROPOSED INCREASE IN 18) PROPOSED SEWER USAGE
PROJECT IN OPEN SPACE 11 AVERAGE DAILY TRAFFIC ______ IN EQUIVALENT DWELLING
UNITS
19) GROSS SITE ACREAGE 1.16 I 2 0) EXISTING GENERAL i 21) PROPOSED GENERAL PLAN IRLM I PLAN I RLM DESIGNATION
22) EXISTING ZONING J PC 23) PROPOSED ZONING PC
24) IN THE PROCESS 9F REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONE1(DE1N REVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE
PROPERT1I#(T IS2f4UB)ECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE
FOR CITY USE ONLY
FEE COMPUTATION:
APPLICATION TYPE FEE REQUIRED
pS' 2c0.00
0(725c /00 00
NOV 2 01996
DATE $TAMP APPLICATION
TOTAL FEE REQUIRED
I 3 -ca oo I
DATE FEE PAID
I I
RECEIPT NO.
FRM0016 3/96
Form No. 1068-1 (Rev. 10/17/92)
Exhibit A to Preliminary Report
AMER
.4
• . Preliminary
• . Report.
First American Title Ins ürance Company
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' lees or expenses) which arise by reason 01:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real properly or by the public records. Proceedings by a public agency which
may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpalenled mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c)
are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' lees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment
of the land; (U) the character, dimensions or location of any improvement now or hereafter erected on the land; (16) a separation in ownership or a change in the dimensions or area of the land or any parcel of which
the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except 10 the extent that a notice of the enforcement thereof or a notice
of a detect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. - -
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereat or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Dale 01 Policy.
2. Rights of eminent domain unless notice o the exercise thereof has been recorded in the public records at Dale 01 Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which
would be binding on the rights of a purchaser for value without knowledge.
3. Detects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records at Dale of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured
claimant became an insured under this policy:
(c) resulting in no toss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained it the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy.
4. . Unenforceabilify of the lien of the insured mortgage because of the inability or failure at the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable
"doing business" laws of the state in which the land is situated.
5. Invalidity or unenlorceabitity of the lien of the insured mortgage, or claim thereof, which arises out 01 the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection
or truth in tending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operaion of federal
bankruptcy, state insolvency or similar creditors' rights laws. . .
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment 01 the land, or regulating the character,
dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any
- such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice 01 the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known
10 the insured claimant either at Dale of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the dale
such insured claimant became an insured hereunder: (C) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Dale of Policy: or (e) resulting in toss or damage which would
not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage
appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Pail One:
Taxes or assessments which are not shown as existing liens by the records at any faxing authority that levies taxes or assessments on real property or by the public records.
Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof.
Easements, claims of easement or encumbrances which are not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
Unpatented mining claims: reservations or exceptions in patents or in Acts authorizing the issuance thereof: water rights, claims or title to water.
Any lien, or right to a lien, for services, labor or material heretofore or hereafter lurnished. imposed by law and not shown by the public records.
WERICAN LAND TITLE ASSOCIATION LOAN POLIC70
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,
dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any
such law ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Detects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured claimant, (b) not known to the Company and not shown by the public records but known
to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant
to the Company prior to the date such insured claimant became an insured hereunder; (C) resulting in no toss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy (except to
the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date
of Policy).
4. Unentorceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state
in which the land is situated,
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions
to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry 01 persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof: water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following mailers are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' tees or expenses which arise by reason of:
1. (a). Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment
of the land: (6) the character, dimensions or location of any improvement now or hereafter erected on the land: (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel 01 which
the land is or was a part: or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement tbereot or a notice
of a detect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dale of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a detect, lien or encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice at the exercise thereof has been recorded in the public records at Dale 01 Policy, but not excluding from coverage any taking which has occurred prior to Dale of Policy which
would be binding on the rights of a purchaser for value without knowledge.
Defects, liens, encumbrances, adverse claims or other mailers:
(a) created, suffered, assumed or agreed to by the insured claimant:
(b) not known to the Company, not recorded in the public records at Dale of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured
claimant became an insured under this policy:
(C) resulting in no loss or damage to the insured claimant:
(d) attaching or created subsequent to Dale at Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance
is afforded herein as to assessments for street improvements under construction or completed at date of policy): or
(e) resulting in loss or damage which would not have been sustained it the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable
"doing business" laws of the stale in which the land is situated.
5. Invalidity or unentorceabilify of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection
or truth in lending law,
6. Any statutory lien for services, labor or materials (or the claim 01 priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to
the land which is contracted for and commenced subsequent to Dale of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date at Policy the
insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that
is based on:
(I) the transaction creating the interest of the insured, mortgagee being deemed a fraudulent conveyance or fraudulent transfer: or
(6) the subordination of the interest of the insured mortgagee as a result at the application 01 the doctrine of equitable subordination: or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer: or
(b) 01 such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSGIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage
appear in the policy.
.
. SCHEDULE B
.
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys; fees or expenses) which arise by reason 01:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof.
3. Easements, claims at easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary tines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims: reservations or exceptions in patents or in Acts authorizing the issuance thereof: water rights, claims or title to water,
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' tees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment
of the land: (ii) the character, dimensions or location of any improvement now or hereafter erected on the land: (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part: or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or
a notice of a detect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a detect, lien or encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which
would be binding on the rights of a purchaser for value without knowledge. .
3. Defects, liens, encumbrances, adverse claims or other mat(ers: -
(a) created, suffered, assumed or agreed to by the insured claimant:
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured
claimant became an insured under this policy:
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy: or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason at the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws,
that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer: or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy.the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage
appear in the policy. . .
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Fart One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof.
3. Easements, claims 01 easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against toss, costs, attorneys' tees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning:
• land use • land division
• improvements on the land • environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date,
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks,
2. The right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public records on the Policy Date
• the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Dale - unless they appeared in the public records
• that result in no loss to you
- that first affect your title after the Policy Date - this dues not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title,
5. Lack of a right:
• to any lard outside the area specifically described and referred to in Item 3 of Schedule A, or
- in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in ltem'5 of Cxvere't'Tille Risks. .. '
• • O•R NO. 1145543-B-15
FIRST AMERICAN TITLE INSURANCE COMPANY
411 IVY STREET, SAN DIEGO, CALIFORNIA 92101
P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776
November 19, 1996
REPUBLIC DEVELOPMENT
180 NO. RIVERVIEW DR. 4130
ANAHEIM; CA 92808
ATTN: JACK HARTUNG
YOUR REF: REPUBLIC DEVELOPMENT PARCEL 8
OUR ORDER NO. 1145543-B-15
IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE
INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE,
OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF
TITLE INSURANCE DESCRIBING 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
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 HEREIN. COPIES OF THE POLICY FORMS SHOULD
BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE
EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT
CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU
WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TEEMS OF THE
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 A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED
THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED AS OF NOVEMBER 13, 1996 AT 7:30 A.M.
'
GREG SPANIOL 'TITLE OICER
DIRECT DIAL PHO 231-4656
FAX NO. 231-4647
PAGE 1
ORDER NO. 1145543-B-15
THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
TO BE DETERMINED
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
FEE
THE LAND REFERRED TO HEREIN' IS DESCRIBED AS FOLLOWS:
(SEE ATTACHED LEGAL DESCRIPTION)
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID 'POLICY FORM WOULD BE AS
FOLLOWS:
1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1996-97, NOW
PAYABLE, A LIEN NOT YET DELINQUENT.
2. A BOND ISSUED UNDER THE 1915 ACT FOR IMPROVEMENT OF ALGA ROAD,
ASSESSMENT NO. 0000, DISTRICT 88-1, WHICH IS CURRENTLY OR WILL BE
COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $8,279.68,
PROVIDED CURRENT TAXES ARE PAID. - -
THIS IS NOT A PAY-OFF AMOUNT.
IF PAY-OFF IS REQUIRED, THERE WILL BE ADDED FEES, ,INTEREST AND A
PRE:-PAY AMOUNT. A DATE OF PAY-OFF WILL HAVE TO BE PROVIDED BY
YOU; AS INTEREST IS COMPOUNDED DAILY.
PLEASE ALLOW 15 WORKING DAYS, AS A REPORT WILL HAVE TO BE ORDERED
FROM AGENCY CONCERNED.
3. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED
-' PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE
-CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE
STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE.
PAGE 2
...
ORDER NO. 1145543-B-15
4. SUPPLEMENTAL TAXES:
THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL
SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN
DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW.
S. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE
DISTRICT NO. 1" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY OF
.CARLSBAD A. CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 19, 1986,
RECORDER-'-S -FILE NO. 86-356638.
SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES. FUNDS FOR THE
CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE GENERATED BY .FEES
COLLECTED AS BUILDING PERMITS ARE ISSUED FOR DEVELOPMENT WITHIN
THE BOUNDARIES OF THE DISTRICT.
6. AN AGREEMENT REGARDING TITLE SETTLEMENT AND EXCHANGE AGREEMENT
AND CONVEYANCE OF PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE
TRAIL), DATED JUNE 6, 1988, UPON THE TERMS, COVENANTS, AND
CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: THE STATE OF CALIFORNIA, ACTING BY
AND THROUGH THE STATE LANDS
COMMISSION, WITH THE CONCURRENCE
• . - . . OF THE CALIFORNIA ATTORNEY GENERAL
AND PACIFIC RIM LAND ASSOCIATES
LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP.
RECORDED: JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
7: THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CARLSBAD UNIFIED
SCHOOL DISTRICT, AS DISCLOSED. BY INSTRUMENT RECORDED MARCH 14,
1989 AS FILE NO. 89-242769 OF OFFICIAL RECORDS. .
NOTICE OF SPECIAL TAX LIEN RECORDED APRIL 9, 1990, RECORDER'S
FILE NO. 90-189679 OF OFFICIAL RECORDS.
8. AN INSTRUMENT ENTITLED "DEED RESTRICTION (OPEN SPACE)", DATED
MARCH 22, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS AND
RESTRICTIONS CONTAINED THEREIN EXECUTED BY AND BETWEEN AVIARA
LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND
-
THE CALIFORNIA COASTAL COMMISSION, RECORDED APRIL 14, 1989, AS
FILE NO. 89-196176 OF OFFICIAL RECORDS.
A RELEASE OF DEED RESTRICTION (OPEN SPACE) RECORDED JULY 9, 1990
AS FILE NO. 90-369910 OF OFFICIAL RECORDS.
PAGE 3
....
ORDER NO. 1145543-B-15
•A RELEASE OF DEED RESTRICTION (OPEN SPACE) RECORDED JULY 3, 1991
AS FILE NO. 91-0327679 OF OFFICIAL RECORDS.
A RELEASE OF DEED RESTRICTION (OPEN SPACE) RECORDED FEBRUARY 4,
1992 AS FILE NO. 1992-0059246 OF OFFICIAL RECORDS.
9. AN AGREEMENT REGARDING DEED
TRAIL), DATED MARCH 13, 1989,
CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:
RECORDED: APRIL 14, 1989 AS
RECORDS.
RESTRICTION (LAGOON NORTH SHORE
UPON THE TERMS, COVENANTS, AND
AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE
CORPORATION AND THE CALIFORNIA
COASTAL COMMISSION.
FILE NO. 89-196178 OF OFFICIAL
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
10. A DOCUMENT ENTITLED. "IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE
EASEMENT AND DECLARATION OF RESTRICTIONS" (LAGOON NORTH SHORE
100' BUFFER) DATED MARCH 13, 1989, EXECUTED BY AVIARA LAND
ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, RECORDED
APRIL 14, 1989, RECORDER'S FILE NO. 89-196180 OF OFFICIAL
. RECORDS. -
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
11. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE,
DATED MARCH 31, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES, LIMITED
PARTNERSHIP, A LIMITED PARTNERSHIP
AND THE CITY OF CARLSBAD.
RECORDED: JUNE 5, 1989 AS FILE NO. 89-296176 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
12. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS,
RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS
AND CHARGES, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION
INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON
RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR
NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR
RESTRICTIONS VIOLATE 42 USC 3604(C) AS CONTAINED IN THE
DECLARATION OF RESTRICTIONS RECORDED JULY 5, 1989 AS FILE NO. 89-
354659 OF OFFICIAL RECORDS.
PAGE 4
S..
ORDER NO. 1145543-B-15
SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THIS
DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ANY
REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE
SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR
FIRST MORTGAGE.
SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER
DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF
TRUST MADE FOR VALUE. -
FIRST AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED JULY 31, 1990 AS
FILE NO. 90-418521 OF OFFICIAL.RECORDS.
SECOND AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED FEBRUARY 8,1991
AS FILE NO. 91-0057543 AND RE-RECORDED MARCH 15, 1991 AS FILE NO.
91-0114756, BOTH OF OFFICIAL RECORDS.
THIRD AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS,
-. CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED SEPTEMBER 16,
1991 AS FILE NO. 91-0475307 OF OFFICIAL RECORDS.
• .FIRST AMENDED AND FULLY RESTATED ASSIGNMENT OF DECLARANT'S RIGHTS
UNDER MASTER DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE AVIARA COUNTRY CLUB AND RESORT, DATED JUNE
22, 1992, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED
THEREIN EXECUTED BY AND BETWEEN AVIARA LAND-ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE
-BANK OF CALIFORNIA; A CALIFORNIA CORPORATION, RECORDED JUNE 29,
1992 AS FILE NO. 1992-0406653 OF OFFICIAL RECORDS.
13. CONDITIONS TO GRANT AS CONTAINED IN THE GRANT DEED FROM AVIARA
LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP. TO RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP, RECORDED JULY 25, 1989 AS FILE NO. 8930102
-.
OF -OFFICIAL RECORDS. • .. . .. . . .
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
SAID INSTRUMENT IS SUBORDINATE TO THE DEED OF TRUST RECORDED JULY
25, 1989 AS FILE NO. 89-390105 OF OFFICIAL RECORDS, BY THE TERMS
OF A SUBORDINATION AGREEMENT RECORDED JULY 25, 1989 AS FILE NO.
:89390108 AS AMENDED AND RESTATED IN INSTRUMENT RECORDED MARCH 7,
19.90 AS FILE NO. 90-121099 AND AS REAFFIRMED BY INSTRUMENT
RECORDED OCTOBER S,,1990 AS FILE NO. 90-548473, ALL OF OFFICIAL
RECORDS. . -
PAGE 5
ORDER NO. 1145543-B-15
A SECOND REAFFIRMATION OF AMENDED AND RESTATED SUBORDINATION
AGREEMENT (OPTION AGREEMENTS AND CONDITIONS TO GRANT) RECORDED
DECEMBER 12, 1991 AS FILE NO. 91-0645330 OF OFFICIAL RECORDS.
A THIRD REAFFIRMATION OF AMENDED AND RESTATED SUBORDINATION
AGREEMENT (OPTION AGREEMENTS AND CONDITIONS TO GRANT) RECORDED
AUGUST 6, 1993 AS. FILE NO. 1993-0513262 OF OFFICIAL RECORDS.
AN AMENDED AND RESTATED SUBORDINATION AGREEMENT (OPTION AGREEMENT
AND CONDITIONS TO GRANT) RECORDED DECEMBER 30, 1994 AS FILE NO.
1994-0741275 OF OFFICIAL RECORDS.
14. A OPTION TO REPURCHASE AGREEMENT DATED JUNE 3O, 1989, UPON THE
TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND RDC DEVCO II
LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP.
RECORDED: JULY 25, 1989 AS FILE NO. 89-390103 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
SAID AGREEMENT IS SUBORDINATE TO THE DEED OF TRUST RECORDED JULY
25, 1989 AS FILE NO. 89-390105 OF .OFFICIAL RECORDS, BY THE TERMS
OF A SUBORDINATION AGREEMENT RECORDED JULY 25, 1989 AS FILE NO.
89-390108 AS AMENDED AND RESTATED IN INSTRUMENT RECORDED MARCH 7,
1990 AS FILE NO. 90-121099 AND AS REAFFIRMED BY INSTRUMENT
RECORDED OCTOBER 5, 1990 AS FILE NO. 90-548473, ALL OF OFFICIAL
RECORDS.
SAID OPTION AGREEMENT IS SUBORDINATE TO THE DECLARATION OF
COVENANTS, CONDITIONS. AND RESTRICTIONS FOR AVOCET AT AVIARA
-.
RECORDED MARCH 1,.. .1991 AS FILE. NO. 91-0091104 OF OFFICIAL
RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED MARCH
..... 1,1991 AS.FILENO. 91-0091105 OF OFFICIAL RECORDS. ...
A SECOND REAFFIRMATION OF AMENDED AND RESTATED SUBORDINATION
AGREEMENT (OPTION AGREEMENTS AND CONDITIONS TO GRANT) RECORDED
DECEMBER12, 1991 AS FILE NO. 91-0645330 OF OFFICIAL RECORDS.
A THIRD REAFFIRMATION OF AMENDED AND RESTATED SUBORDINATION
AGREEMENT (OPTION AGREEMENTS AND CONDITIONS TO GRANT) RECORDED
AUGUST 6, 1993 AS FILE NO. 1993-0513262 OF OFFICIAL RECORDS.
AN AMENDED AND RESTATED SUBORDINATION AGREEMENT (OPTION AGREEMENT
AND CONDITIONS TO GRANT) RECORDED DECEMBER 30, 1994 AS FILE NO.
1994-0741275 OF OFFICIAL RECORDS...
PAGE 6
ORDER NO. 1145543-B-15
A REAFFIRMATION OF AMENDED AND RESTATED SUBORDINATION AGREEMENT
OPTION AGREEMENTS AND CONDITIONS TO GRANT DATED SEPTEMBER 30,
1996, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED
THEREIN.
EXECUTED BY AND BETWEEN:
RECORDED: OCTOBER 31, 1996 AS
RECORDS.
RDC DEVCO II LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP,
AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND CITICORP REAL
ESTATE, INC., A DELAWARE
CORPORATION.
FILE NO. 1996-0553275 OF OFFICIAL
15. A DEED OF TRUST FOR THE PURPOSE OF SECURING PERFORMANCE OF THAT
CERTAIN AGREEMENT DATED JUNE 30, 1989, RECORDED JULY 25, 1989 AS
FILE NO. 89-390104 OF OFFICIAL RECORDS.
DATED: JUNE 30, 1989
TRUSTOR: RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP
TRUSTEE: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A
CALIFORNIA CORPORATION
BENEFICIARY: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
AFFECTS THE PROPERTY HEREIN DESCRIBED WITH OTHER PROPERTY.
SAID DEED OF TRUST IS SUBORDINATE TO THE DEED OF TRUST RECORDED
JULY 25, 1989 AS FILE NO. 89-390105 OF OFFICIAL RECORDS, BY THE
TERMS OF A SUBORDINATION AGREEMENT RECORDED JULY 25, 1989 AS FILE
NO. 89-390107 AS AMENDED AND RESTATED IN INSTRUMENT RECORDED
MARCH 7, 1990 AS FILE NO. 90-121098 AND AS REAFFIRMED IN
INSTRUMENT RECORDED OCTOBER 5, 1990 AS FILE NO. 90-548472, ALL OF
OFFICIAL RECORDS.
- SAID . DEED OF TRUST 1S :SUBORDINATE TO THE DECLARATION OF
: COVENANTS;.. CONDITIONS AND RESTRICTIONS FOR AVOCET AT .AVIARA
RECORDEDMARCH 1, 1991 AS FILE NO. 91-00911040FOFFICIAL
RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED MARCH
1, 1991 AS FILE NO. 91-0091105 OF OFFICIAL RECORDS.
A SECOND REAFFIRMATION OF AMENDED AND RESTATED SUBORDINATION
AGREEMENT (MARKETING AGREEMENT) RECORDED DECEMBER 12, 1991 AS
FILE NO. 91-0645331 OF OFFICIAL RECORDS.
A THIRD REAFFIRMATION OF AMENDED AND RESTATED SUBORDINATION
AGREEMENT (MARKETING AGREEMENT) RECORDED AUGUST 6, 1993 AS FILE
NO. 1993-0513261 OF OFFICIAL RECORDS.
PAGE 7
...
ORDER NO. •1145543-B-15
SAID DEED OF TRUST IS SUBORDINATE TO THE DEED OF TRUST RECORDED
JULY 25, 1989 AS FILE NO. 89-390105 AND AS AMENDED AND RESTATED
IN INSTRUMENT RECORDED DECEMBER 30, 1994 AS FILE NO. 1994-
0741272, BOTH OF OFFICIAL RECORDS, BY THE TERMS OF A
SUBORDINATION AGREEMENT RECORDED DECEMBER 30, 1994 AS FILE NO.
1994-0741274 OF OFFICIAL RECORDS.
A REAFFIRAMTION OF AMENDED AND RESTATED SUBORDINATION AGREEMENT
(MARKETING AGREEMENT) DATED SEPTEMBER 30, 1996, UPON THE TERMS,
COVENANTS, AND CONDITIONS CONTAINED THEREIN. -
EXECUTED BY AND BETWEEN: RDC DEVCO II LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP,
AVIARA .LAND ASSOCIATES LIMITED.
PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND CITICORP REAL
- ESTATE, INC., A DELAWARE
CORPORATION.
RECORDED: OCTOBER 31, 1996 AS FILE NO. 1996-0553274 OF OFFICIAL
RECORDS.•
16. AN UNRECORDED MARKETING AND INDEMNITY AGREEMENT, DATED JUNE 30,
1989 UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN,
EXECUTED BY AND BETWEEN RDC DEVCO II LIMITED PARTNERSHIP, A
.. DELAWARE LIMITED PARTNERSHIP AS BUILDER, AND AVIARA LAND
ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AS
DEVELOPER, AS DISCLOSED BY DEED OF TRUST RECORDED JULY 25, 1989
AS FILE NO. 89-390104 OF OFFICIAL RECORDS.
17. A DEED OF TRUST, ASSIGNMENT OF -RENTS, SECURITY AGREEMENT AND
-. . FIXTURE FILING TO SECURE THE PERFORMANCE UNDER AN AGREEMENT
REFERRED TO THEREIN, AND ANY OTHER AMOUNTS AND/OR OBLIGATIONS
SECURED THEREBY, RECORDED JULY 25, 1989 AS FILE NO. 89-390105 AND
.
S AMENDED AND. RESTATED IN INSTRUMENT RECORDED DECEMBER 30, 1994
AS -FILE NO. 1994-0741272 OF OFFICIAL RECORDS.
DATED: JUNE 29, 1989
.......TRUSTOR:, :.: .. RDC . DEVCO II LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP . .. . . .
.:- TRUSTEE: . TITLE .....INSURANCE COMPANY OF CALIFORNIA, A
CALIFORNIA CORPORATION
BENEFICIARY: CITICORP REAL ESTATE, INC., A DELAWARE
CORPORATION
AFFECTS THE PROPERTY HEREIN DESCRIBED WITH OTHER PROPERTY.
AN ASSIGNMENT OF SALES CONTRACTS AND DEPOSITS, DATED JUNE 29,
1989, UPON THE TERMS COVENANTS AND CONDITIONS CONTAINED THEREIN
EXECUTED BY RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP IN FAVOR OF CITICORP REAL ESTATE, INC., A DELAWARE
CORPORATION RECORDED JULY 25, 1989 AS FILE NO. 89-390106 AND AS
PAGE 8
..
ORDER NO. 1145543-B-15
AMENDED AND RESTATED IN INSTRUMENT RECORDED DECEMBER 30, 1994 AS
FILE NO. 1994-0741273 OF OFFICIAL RECORDS.
A FIRST AMENDMENT TO CONSTRUCTION LOAN AGREEMENT AND MODIFICATION
AGREEMENT DATED FEBRUARY 28, 1990, BY AND BETWEEN RDC DEVCO II
LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, REPUBLIC
DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION AND CITICORP REAL
ESTATE, INC., A DELAWARE CORPORATION AND RECORDED MARCH 7, 1990
AS FILE NO. 90-121097 OF OFFICIAL RECORDS.
A SECOND AMENDMENT TO CONSTRUCTION LOAN AGREEMENT AND
MODIFICATION AGREEMENT DATED OCTOBER 3, 1990, BY AND BETWEEN RDC
DEVCO II LIMITED PARTNERSHIP, A.DELAWARE LIMITED PARTNERSHIP,
REPUBLIC DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION AND
CITICORP REAL ESTATE, INC., A DELAWARE CORPORATION AND RECORDED
OCTOBER 5, 1990 AS FILE NO. 90-548471 OF OFFICIAL RECORDS.
SAID DEED OF TRUST IS SUBORDINATE TO THE DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVOCET 'AT AVIAPA
RECORDED MARCH 1, 1991 AS FILE NO. 91-0091104 OF OFFICIAL
RECORDS, BY THE -TERMS OF A SUBORDINATION AGREEMENT RECORDED MARCH
1, 1991 AS FILE NO. 91-0091106 OF OFFICIAL RECORDS.
A FOURTH AMENDMENT .: TO CONSTRUCTION LOAN
'
AGREEMENT . AND
- . .. MODIFICATION AGREEMENT DATED NOVEMBER 22, 1991, BY AND BETWEEN
RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP,
REPUBLIC DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION AND
CITICORP REAL ESTATE , INC., A DELAWARE CORPORATION AND RECORDED
-DECEMBER 12, 1991 AS FILE NO. 91-0645329 OF OFFICIAL RECORDS.
FIFTH AMENDMENT TO CONSTRUCTION LOAN AGREEMENT AND MODIFICATION
AGREEMENT DATED JULY 26, 1993, BY AND BETWEEN RDC DEVCO II
LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, REPUBLIC.
DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION AND CITICORP REAL
.ESTATE, INC., A DELAWARE CORPORATION RECORDED AUGUST 6, 1993 AS
FILE NO. 19930.513259 OF-OFFICIAL RECORDS.. .-
1ANINSTRUMENT DATE OCTOBER - ,....1996, RECORDED OCTOBER 31, 1996
AS FILE NO. 1996-0553273 OF OFFICIAL RECORDS, EXECUTED BY RDC
DEVCO LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP,
REPUBLIC DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION, AND
CITICORP REAL ESTATE, INC. A DELAWARE CORPORATION PURPORTS TO
MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED.
PAGE 9
ORDER NO. 1145543-B-15
18. AN AGREEMENT REGARDING UNITY OF CONTROL, DATED FEBRUARY 20, 1990,
UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP; DAVIDSON COSCAN
PARTNERS, A CALIFORNIA GENERAL
PARTNERSHIP; LYON COMMUNITIES,
INC., A CALIFORNIA CORPORATION;
RDC DEVCO II LIMITED PARTNERSHIP,
• A DELAWARE LIMITED PARTNERSHIP; A-
M HOMES, A CALIFORNIA LIMITED
PARTNERSHIP AND BRAMALEA
CALIFORNIA INC., A CALIFORNIA
CORPORATION.
RECORDED: APRIL 16, 1990 AS FILE NO. 90-204778 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
19. AN EASEMENT AND COVENANT REGARDING CATV SERVICE, DATED APRIL 17,
- 1990, UPON THE TERMS,. COVENANTS AND CONDITIONS CONTAINED THEREIN,
EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND DANIELS
.CABLEV-ISION, INC., A DELAWARE CORPORATION, RECORDED JUNE 1, 1990
AS FILE NO. 90-298175 OF OFFICIAL RECORDS:
AN ASSUMPTION AND EASEMENT AGREEMENT DATED APRIL 17, 1990, UPON
THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN:" - DANIELS CABLEVISION, INC., A
DELAWARE CORPORATION AND RDC DEVCO
II LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP.
- RECORDED: JUNE 1, 1990 AS FILE NO. 90-298178 OF OFFICIAL RECORDS.
REFERENCE-IS MADE TO SAID INSTRUMENT FOR FURTHER-PARTICULARS. -
A -PORTION OF SAID LAND WAS RELEASED FROM SAID INSTRUMENTBY
CORPORATION QUITCLAIM DEED, DATED MARCH26; 1991, EXECUTED BY
DANIELS CABLEVISION, INC., A DELAWARE CORPORATION, RECORDED APRIL
15, 1991 AS FILE NO. 91-0168675 OF OFFICIAL RECORDS.
FIRST AMENDMENT TO EASEMENT AND COVENANT REGARDING CATV SERVICE,
RECORDED APRIL 15, 1991 AS FILE NO. 91-0168678 OF OFFICIAL
• . RECORDS. •-
20. THE PARCEL MAP REFERRED TO IN THE LEGAL DESCRIPTION HEREIN
• .• CONTAINS VARIOUS RESTRICTIONS IN IMPROVING OR DEVELOPING THE
PROPERTY HEREIN DESCRIBED. REFERENCE IS MADE TO SAID PARCEL MAP
FOR FURTHER PARTICULARS.
PAGE 10
ORDER NO. 1145543-3-15
21. A SPECIAL ASSESSMENT DISTRICT PASS-THROUGH AUTHORIZATION
AGREEMENT DATED JULY 5, 1990, UPON THE TERMS, COVENANTS, AND
CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: THE CITY OF CARLSBAD, A MUNICIPAL
CORPORATION AND RDC DEVCO II.
RECORDED: OCTOBER 31, 1990 AS FILE NO. 90-590733 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
22. THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 1, AS DISCLOSED BY INSTRUMENT
RECORDED DECEMBER 19, 1990 AS FILE NO. 90-0674118 OF OFFICIAL
RECORDS.
NOTICE OF SPECIAL TAX LIEN RECORDED MAY 20, 1991 AS FILE NO. 91-
0236959 OF OFFICIAL RECORDS.
23. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS,
RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS
AND CHARGES, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION
INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON
• RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR
NATIONAL ORIGIN.TO THE EXTENT SUCH COVENANTS, CONDITIONS. OR
RESTRICTIONS VIOLATE 42 USC 3604(C) AS CONTAINED IN THE
DECLARATION OF RESTRICTIONS RECORDED MARCH 1, 1991 AS FILE NO.
91-0091104 OF OFFICIAL RECORDS.
SAID 'INSTRUMENT -ALSO PROVIDES THAT ALL LIENS CREATED BY THIS
DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ANY
REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE
SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR
FIRST MORTGAGE.
- -AN ASSIGNMENT OF DECLARANT'S RIGHTS DATED MARCH 20, 1991 UPON THE
:.TERMS,-.-COVENANTS AND CONDITIONS CONTAINED THEREIN, EXECUTED BY -
-RDC:DEVCOII LIMITED PARTNERSHIP, ADELAWARE LIMITED PARTNERSHIP-
--N FAVOR OF CITICORPREAL ESTATE; INC.; ADLAWAECORPORATION
RECORDED MAY 21, 1991 AS FILE NO. 91-0240488 OF OFFICIAL RECORDS.
SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE INCORPORATED BY
A DECLARATION OF ANNEXATION RECORDED OCTOBER 29, 1991 AS FILE NO.
91-0557599 OF OFFICIAL RECORDS.
AN INSTRUMENT DECLARING A MODIFICATION OF SAID COVENANTS,
CONDITIONS AND RESTRICTIONS WAS RECORDED NOVEMBER 16, 1995 AS
FILE NO. 1995-0523394 OF OFFICIAL RECORDS.
PAGE 11
.. . I.
ORDER NO. 1145543-B-15
24. NOTICE OF SPECIAL TAX LIEN, CITY OF CARLSBAD, COMMUNITY
FACILITIES DISTRICT NO. 1 TO PAY FOR CERTAIN PUBLIC CAPITAL
FACILITIES INCLUDING THE PAYMENT OF PRINCIPAL AND INTEREST ON
BONDS, RECORDED MAY 20, 1991 AS FILE NO. 91-0236959 OF OFFICIAL
RECORDS.
A NOTICE OF CANCELLATION OF SPECIAL TAX LIEN WAS RECORDED JULY
31, 1995, AS FILE NO. 1995-0328167 OF OFFICIAL RECORDS.
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY-. -
25. THE TERMS, COVENANTS, AND PROVISIONS OF THE PARTNERSHIP AGREEMENT
REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE
TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS.
26. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COPY OF THE
PARTNERSHIP AGREEMENT REFERRED TO IN THE VESTING HEREIN AND ANY
AMENDMENTS THERETO.
1996-1997 TAX -INFORMATION:
- - CODE AREA: - 09027 - -
- - -----PARCEL 'NO.':'- 2i5-6026200 :
1ST INSTALLMENT: $1,092.07 OPEN
2ND INSTALLMENT: $1,092.07 OPEN
LAND VALUE: $85,000.00
IMPROVEMENTS: -$-0 -
- - . EXEMPT: - $__o_
PAGE 12
...
..
ORDER NO. 1145543-B-15
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 8 OF PARCEL MAP NO. 16228, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 20, 1990
AS FILE NO. 90-515753 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS,
NATURAL GAS , NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER
NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE
PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING
THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR
ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY
• -DRILL 'AN ' D MINE FROM LANDS OTHER . THAN THE PROPERTY OIL AND GAS WELLS,
TUNNELSAND SHAFTS INTO THROUGH OR ACROSS THE SUBSURFACE OF THE
PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED
WELLS, TUNNELS AND SHAFTS: UNDER AND BENEATH OR BEYOND THE. EXTERIOR --
LIMITS THEREOF; AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR,
DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT
: TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE,
STORE , EXPLORE OR OPERATE THROUGH'THE SURFACE OR THE UPPER FIVE
• HUNDRED --(500) FEET OF THE SUBSURFACE OF THE PROPERTY AS RESERVED IN
DEED RECORDED JULY 25, 1989 AS FILE NO. 89-390102 OF OFFICIAL RECORDS.
PAGE 13 T:11/19/96 09:08:40 V: / I : MF 00
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QUALITY
ORIGINAL (S)
i V 1 Lil2cb CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008
434-2867
REC'D FROM________________________________________ DATE_________________
ACCOUNT NO. DESCRIPTION
Pm4c.' JV ILo -
O(,
AMOUNT
C-- k'vvfl4
1730 12/31/96 0001 01 02
RF(FIPT Nfl NOT VALID UNLESS VALIDATED BY TOTAL 3
Printed on recycled paper. CASH REGISTER
CITY OFARLSBAD
1200 CARLSBAD •LAGE DRIVE cARLSBAD, IFORNIA 92008
434-2867
REC'D FRO DATE,
ACCOUNT NO. DESCRIPTION AMOUNT
cs ng i +
1107 11/2/96 0001 01 02
JJ'UV
RECEIPT NO. NOT VALID UNLESS VALIDATED BY TOTAL CO
OD CASH REGISTER Printed on recycled ;aper.
9 LOT
4LIFO1
City of Carlsbad
• riiriri U •4 irll
DISCLOSURE STATEMENT
APPLICANT'S STATEMENT OF DISCLOSURE OR CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY
APPOINTED BOARD, COMMISSION OR COMMITTEE
(Please Print)
The following information must be disclosed:
I. Applicant
List the names and addresses of all persons having a financial interest in the application.
REPUBLIC DEVELOPMENT
180 NORTH RIVERVIEW
ANAHEIM, CA 92808
7 Owner
List the names and addressees of all person having any ownership interest in the property involved.
RDC DEVCO II LIMITED PARTNERST-TTP
180 NORTH RIVERVIEW
ANAHEIM, CA 92808
3
If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names
and addresses of all individuals owning more than 10% of the shares in the corporation or owning
any partnership interest in the partnership.
N/A
4. If any person identified pursuant to (1) or (2) above is a non -profit organization or a trust, list the
names and addresses of any person serving as officer or director of the non-profit organization or
as trustee or beneficiary of the trust.
N/A
DISCLOS.ERM 2/96 PAGE 1 of 2
2075 Las Palmas Drive - Carlsbad, California 92009-1576 (619) 438-1 161
. 0 LOT 8
(Over)
Disclosure Statement Page 2
5. Have you had more than $250.00 worth of business transacted with any member of--City staff.
Boards, Commissions, Committees and Council within the past twelve months?
Yes No X If yes, please indicate person(s)
Person is defined as Any individual, firm, copartnership, joint venture, association, social club, fraternal organization,
corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other
political subdivision or any other group or combination acting as a unit."
(NOTE: Attach additional pages as necessary)
M
x x
Print or type name of owner Print or type name of applicant
DISCLOS.FRM 2/96 PAGE 1 of 2
6 .
10
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME:
AVOCET, AVIARA PLANNING AREA 4 (LOT 8)
APPLICANT NAME: HUNSAKER & ASSOCIATES (FOR REPUBLIC DEVELOPMENT)
Please describe fully the proposed project. Include any details necessary to adequately
explain the scope and/or operation of the proposed project. You may also include any
background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
REQUEST FOR A VARIANCE TO ALLOW A 5' WALL WITHIN THE 20' FRONTYARD
SETBACK REQUIREMENT. THIS IS A DECORATIVE SCREEN/PRIVACY WALL.
Rev. 4/91 ProjDesc.frm
I
4
AVOCET - PARCEL 8
JUSTIFICATION FOR VARIANCE
By law a Variance may be approved only if certain facts are found to exist. Please read these
requirements carefully and explain how the proposed project meets each of these facts. Use additional
sheets if necessary.
1. Explain why there are exceptional or extraordinary circumstances or conditions applicable to the
property or to the intended use that do not apply generally to the other property or class of use in
the same vicinity and zone:
SEE ATTACHED
2. Explain why such variance is necessary for the preservation and enjoyment of a substantial property
right possessed by other property in the same vicinity and zone but which is denied to the property
in question:
SEE ATTACHED
3. Explain why the granting of such variance will not be materially detrimental to the public welfare
or injurious to the property or improvements in such vicinity and zone in which the property is
located:
SEE ATTACHED
4. Explain why the granting of such variance will not adversely affect the comprehensive plan:
SEE ATTACHED
FRM0004 2/96 Page of 5
. .
PARCEL 8 JUSTIFICATION
1. This property has extraordinary circumstances or conditions related to it
that do not apply generally to other properties in the area (with the
exception of Parcel 6). This lot is subject to a 50' rear yard setback from
Alga Road. It is also proposes a Plan I which is the single story unit of the
architectural drawings. Due to Council Policy No. 44, the City's policy which
establishes guidelines for small lot developments, the Plan I is the only
plan type that would work on this lot. Furthermore, the architectural
drawings for Plan I show a 5' decorative privacy wall which runs parallel to
the front of the structure at the southeastern corner of the building. This
variance request is for the allowance of the wall to encroach approximately
1.5' into the 20' front yard setback requirement.
2. The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity
and zone but which is denied to the property in question because owners of
the same model of other homes in the neighborhood have constructed
identical privacy walls. The privacy walls were shown on the building plan
elevations and sales brochures with no indication that some lots could not
accommodate the walls due to encroachment into the front yard setbacks.
3. The granting of the variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity and zone
in which the property is located because the location of the wall, which is
only 3' from the structure, does not substantially reduce open space and
does not create sight distance problems for neighbors.
4. The granting of the variance will not adversely affect the comprehensive
plan because the proposed variance allowing a privacy wall in the front
yard setback of a single family residence does not conflict with the goals
and objectives specified in any element of the City of Carlsbad General
Plan.
MAN
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CET
low
It
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I
F or those who prefer to land them-
selves in grand settings, Avocet at
Aviara is an infinitely reward-
ing destination.
Drawing inspiration
from the serenity of its sur-
roundings, Avocet is as much
a preserve for people as it is a
sanctuary for wildlife. Quiet,
vet teeming with vitality.
Secluded, yet easily accessible.
Inspired by classic Medi-
terranean architecture, Avocet's
distinguished residences are notable
for their discerning desi gn. Exquisite
craftsmanship. And exceptional eye
for detail.
Ever respectful of Batiquitos
Lagoon's living treasures,
Avocet and Aviara are in-
deed, birds of a feather.
With an appreciation for
the special lifestyles of its nest-
rig residents, Avocet is one of
e rare neighborhoods that hasn't
otteri how important natural
itiilOflV is on the shore front.
Or the home front.
1)
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