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HomeMy WebLinkAboutCT 00-02; Calavera Hills Phase II; Tentative Map (CT)CiTY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECKBOXES) Q Administrative Permit - 2nd Dwelling Unit Q Administrative Variance []] Coastal Development Permit 0 Conditional Use Permit • Condominium Permit 1 I Environmental Impact Assessment I I General Plan Amendment E Hillside Development Permit • Local Coastal Plan Amendment • Master Plan Q Non-Residential Planned Development Q Planned Development Permit (FOR DEPARTMENT USE ONLY) Q Planned Industrial Permit Q Planning Commission Determination Q Precise Development Plan Q Redevelopment Permit Q Site Development Plan 0 Special Use Permit Q Specific Plan 1 I Tentative Parcel Mop Obtain from Engineering Department Q Tentative Tract Map I I Variance Q Zone Change Q List other applications not / spejiified ^ ^ (FOR DEPARTMENT USE ONLY) CTocoo ^ 2) /sSESSORPARCEU^O(S).>'^'^Q^-^^i tUS-OMrV0^4^ >(>Y-^\-t>(^../01\(o^-oai-tQ-, 3) PROJECT NAME: ' ~ ' ~ Calavera Hills Phase II 4) BRIEF DESCRIPTION OF PROJECT: Master subdivision with mass grading 5) OWNER NAME (Print or Type) Calavera Hills II L.L.C. 6) APPLICANT NAME (Print or Type) Calavera Hills II L.L.C. MAILING ADDRESS 2727 Hoover Avenue MAILING ADDRESS 2727 Hoover Avenue CITY AND STAT6 ZIP TELEPHONE National City CA 91950 (619) 336-3735 CITY AND STATE ZIP TELEPHONE National City CA 91950 (619) 336-3735 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE / DATE SIGNATURE / DATE 7) BRIEF LEGAL DESCRIPTION Subdivisicn of a porticn of Lot D, E, & J of the Rancho Agga HedLcnda, City of Carlsbad, County of San Diegp, State of Califomia, i^rtiticn >^ No. 823, filed 11-16-1896 NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. LOCATION OF PROJECT: Ihe currently Lndevelcped portion of Local Facilities tfenafflfmt Zcne 7. STREET ADDRESS ON THE BETWEEN East (NORTH, SOUTH, EAST, WEST) Rature (Damon Road SIDE OF AND El Caraino Real (NAME OF STREETI (NAME OF STREET) Tamarack Avenue (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS Seven 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTiNG ZONING Six Res. 49% 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 1 7) PROPOSED INCREASE IN ADT I 20) EXISTING GENERAL 217.1; PLAN Zero Zero Zero P-C 23) PROPOSED ZONING N/A 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 1 5) PROPOSED COMM SQUARE FOOTAGE 1 8) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION Zero Zero Zero N/A 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED FEE REQUIRED RECEiVED JAN 2 8 2000 DATE STAMP APPLICATION RECEIVED RECEIVED BY: DATE FEE PAID RECEIPT NO. Form 1 6 PAGE 2 OF 2 PROJECT DESCRIPTIQN/EXPLANATIQN PROJECT NAME' Calavera Hills Phase II Master Tentative Map APPLICANT NAME: Calavera Hills II, LLC 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. The proposed project involves the mass grading and installation of circiilation element roadway and underground drainage infrastructure within and southerly of the area known as Calavera Hills Phase II. The mass grading will be limited to the buildable areas of Villages K, L-2, U, W, X and Y of Calavera Hills, located within the central and soufii-easterly sections of the Calavera Hills Master Plan area. The proposed grading is consistent with the proposed Master Plan Amendment 150(H), presently in the EIR process in the City of Carlsbad. The affected property involves approximately 217 acres of land (exclusing off- site roadways), although the proposed mass grading is limited to approximately 121 acres (again excluding off-site roadways). The balance of the acreage is proposed to remain in permanent open space, consistent with the draft City of Carlsbad Habitat Management Plan (HMP). On-site construction of Reach C of College Boulevard is also proposed in conjunction with the Phase II mass grading project. Embankment of soil from Phase II to provide for construction of off-site Reach B of College Boulevard and Reach 3 of Cannon Road is also proposed. A total excavation quantity of 1,625,300 cubic yards, and an embankment quantity of 1,505,900 cubic yards (118,400 export) is anticipated by the project (on-site and off-site). These quantities do not include soil shrinkage or expansion, or any necessary remedial activities. Full width grading and two lane (plus median) improvements are proposed for the off-site reaches of the roadways. A total of six (6) master lots are proposed, one lot for each of the affected villages. These lots will be subsequently further subdivided for eventual residential development through the processing of future entitlement actions. R«v. 4/91 ProjDwe.frm City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discreticnarj' action on the part of the City Council or any appointed Board. Commission or Comminee. The foilowing information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fratemai organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and count)', city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and propertj' owner miist be provided below. APPLICANT (Not the applicant's agent) Provide the COIVIPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) ^ -r-^ -r -r ^ calavera Hills II, LLC, Person a California limited liability company Corp/Part_ Title Title 272 7 Hoover Avenue Address Nation;^1 CM-y, CA QIQSn Address. 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ^^^il^^" Companies, LLC Corp/Part Tamarack Properties, Inc. d Deldwdie IjciiixLeJ Ixability^ a California—~ Title company Title 272 7 Hoover Avenue Address M;:,+-ional ri-ty^ ra qiQsn Address. corporation c/o Rrnnkfipld Hnmp.c; 12865 Pointe. Del Mar, Ste, 200 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ® NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust ^/A Profit/Trust_ Title Title Address Address Have you had more than $250 worth of business transacted with any member of Cit>' staff. Boards. Commissions, Committees and/or Council within the past twelve (12) momhs? • Yes ^No If yes. please indicate person(s):. NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/dsfte Signature of applic^t/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upoty^he^te^f the completion letter. Applicant Signature: . ^^AA?^ Staff Signature: Date: ll2<^\20DO To be stapled with receipt to application Copy for file Form No. 1068-1 (Rev. 10/17/92) . Exhibit A to Preliminary Report i . t AM E ^ Preliminary Report First American Title Insurance Company ODAYCOMSULTAWTS Uti 0 4 1999 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 ttie Company will not pay costs, attorneys' lees or expenses) wtiich arise by reason of: 1 Taxes or assessments wtiicti are not stiown as existing liens t)y ttie reconls ol any taxing auttiority that levies taxes or assessments on real property m by ttie public records. Proceedings by a public agency whicti may result in taxes or assessments, or notice ol such proceedings, whether or not shown by the records ot such agency or by the public records. 2. Any tacts, rigtits, interests or claims wtiicti ate not stiown by ttie public records but wtiicti couW be ascertained by an inspection ot the land or wtiicti may be asserted by persons in possession ttiereol. 3. Easements, liens or encumbrances, or claims thereot, which are not shown by the public records. 4. Discrepancies, conllicts in boundaty lines, shortage in area, encroachments, or any other lacts which a correct survey would disclose, and which are not shown by the public records 5. (a) Unpatented mining claims; (b) reservations ot exceptions in patents or in Acts auttiorizing the issuance thereot, (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. EXCUJSIONS FROM COVERAGE The loilowing matters are expressly excluded trom ttie coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of; 1. (a) Any law, ordinance ot governmental legulation (including but nol limiled to building and zoning laws, ordinances, or regulations) restricting, regulating, ptotiibiling or relating to (i) ttie occupancy, use, or enjoyment ot ttie 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 ettect ot any violation of these lavrs, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof 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 Date of Policy. (b) Any governmental police power not excluded by (a) above, except to tlie extent ttiat a nolice ol ttie exercise thereof or a notice of a defect, lien ot encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ol Policy. 2 Rights of eminent domain unless notice of the exercise ttiereof has been recorded in Ihe public records at Date of Policy, but not excluding ftom covetage any laking whicti has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without l(nowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whelher or not reconted in the public records al Oate 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 af 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 lo the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting In loss or damage wtiich would nol have been sustained if the Insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. A. Unenforceability of the lien of the insured mortgage because of the inability or (allure ol the insured at Date of Policy, or the inability or lailure 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 unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and Is based upon usury or any consumer credit protection or tnith in lending law. 6. Any claim, which arises out of the Iransaclion vesting in the insured the estate or interest insured by their policy or the transaction creating the Interest of the insured lender, by reason of the operation of federal bankmptcy, 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 of the land, or regulating the character, dimensions or h)catian 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 ot any such law, ordinance or govemmental regulation. 2. Rights of eminent domain or govemnnental righls 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 inatlets (a) created, suffered, assumed or agreed to by the Insured claimanl; (b) not known to Ihe Company and not shown by the public records but known to the Insured claimant either at Oate 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 date such insured claimant became an Insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which 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 Und 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 ol the matters shown in parts one and two tollowing: Part One: 1. Taxes or assessments which are not shown as existing liens by the reconls ot any taxing authority that levies taxes or assessments on real property ot 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 ol 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 recoids. 5. Unpatented mining claims; resen/ations 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 lieti, for sen/ices, labor or maleral heretotr^ or herealter lurnished, imposed by law and not shown by [he public regonls. ORDERNC. 1211506-6 FIRST AMERICAN TITLE INSURANCE COMPANY 411 rVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 OCTOBER 20, 1999 MC MILLIN COMPANIES 2727 HOOVER AVE. NATIONAL CITY, CA 92050 ATTENTION: JEFF BRAZEL YOUR REF. CALAVERA HILLS AREA L-2 OUR ORDER NO. 1211506-6 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 AN EXCEPTION HEREIN 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 EXIIIBIT A 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 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 OCTOBER 14, 1999 AT 7:30 A.M. DIANNE LIVINOSTOW- TllhW OFFICER DIRECT DIAL PHONE 231-4654 FAX NO. 231-4647 PAGE 1 ORDER NO. 1211506-6 THE FORM OF POLICY TITLE ESISURANCE CONTEMPLATED BY THIS REPORT IS: TO BE DETERMINED TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: CALAVERA HILLS H LLC, A CALIFORNL\ LIMITED LIABILITY COMPANY THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HERED«J 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 1999-2000, NOW PAYABLE, A LIEN NOT YET DELINQUENT 2. 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. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREE^J DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 3. SAID LAND LIES WITHIN THE BOUNDARIES OF SPECIAL TAX ASSESSMENT DISTRICT(S) CREATED BY A "COMMUNITY FACILITIES DISTRICT" MAP RECORDED UNDER THE PROVISIONS OF THE MELLO-ROOS ACT (STREETS AND HIGHWAY CODE SECTION 3100, ET SEQ.) OF THE CALIFORNIA STATE LEGISLATURE. NOTE: UPON OFFICL^ FORMATION, POTENHAL ADDITIONAL TAXES MAY BE AUTHORIZED AND LEVIED BY THE DISTRICT WHICH MAY BE E^CORPORATED INTO THE REGULAR PROPERTY TAX BILL AND MADE A PART OF THE GENERAL TAX COLLECTION PROCESS. PAGE 2 ORDER NO. 1211506-6 COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION EWICATING 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), IN AN INSTRUMENT RECORDED APRIL 1, 1958 IN BOOK 7016, PAGE 536 OF OFFICIAL RECORDS. 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. COVENANTS, CONDITIONS AND RESTRICrTIONS, 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), IN AN INSTRUMENT RECORDED JANUARY 5, 1959 IN BOOK 7427, PAGE 358 OF OFFICIAL RECORDS. 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. AN EASEMENT FOR THE RIGHT TO SPILL WATER IN PRESENTLY EXISTING NATURAL DRAINAGE CHANNELS AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED JANUARY 9, 1967 AS FILE NO. 2638 OF OFFICIAL RECORDS. THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. REFERENCE IS MADE TO SAID n«JSTRUMENT FOR FURTHER PARTICULARS. ALSO FOR A PIPELINE OR PIPELINES FOR THE PURPOSE OF DRAINAGE WATER, OVER A STRIP OF LAND 20 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT POINT 4 OF LOT "D" AS SHOWN ON SAID MAP NO. 823; THENCE NORTH 01°46'56 EAST 2637.98 FEET TO POINT 5 OF SAID LOT "D"; THENCE NORTH 65°57'53" WEST 10.38 FEET; THENCE NORTH 24°02'07" EAST 427.94 FEET; THENCE NORTH 05°14'26" EAST 287.60 FEET; THENCE NORTH 18°02'37" EAST 497.21 FEET; THENCE SOUTH 71°57'23" EAST 75.00 FEET; THENCE NORTH 18°02'37" EAST 13.17 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 30°12'18" EAST 300 FEET. AN EASEMENT FOR PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED JANUARY 9, 1967 AS FILE NO. 2640 OF OFFICIAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. PAGE 3 ORDER NO. 1211506-6 REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 8. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED FEBRUARY 25, 1980, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LAKE CALAVERA HILLS ASSOC. AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: MAY 19,1980 AS FILE NO. 80-164050 OF OFFICIAL RECORDS. 9. AN EASEMENT FOR POLES, WIRES, CABLES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, PIPELINES AND APPURTENANCES FOR ANY AND ALL PURPOSES, COMMUNICATION FACILITIES, OVERHEAD AND/OR UNDERGROUND AND APPURTENANCES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JULY 15, 1981 AS FILE NO. 81-222452 OF OFFICL\L RECORDS, LOCATED WITHIN A STRIP OF LAND 6.00 FEET IN WIDTH LYING 300 FEET ON EACH SIDE OF THE CENTER LINE SHOWN ON THE EXHIBIT A ATTACHED TO SAID INSTRUMENT AND MADE A PART THEREOF. SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY." THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 10. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 9336, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 11. AN AGREEMENT REGARDBSfG PAYMENT OF A PUBLIC FACILITIES FEE, DATED OCTOBER 20, 1983, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CEDRIC E. SANDERS DBA CALAVERA HILLS COMPANY AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: OCTOBER 28,1983 AS FILE NO. 83-391316 OF OFHCL^L RECORDS. PAGE 4 ORDER NO. 1211506-6 12. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED AUGUST 25, 1987, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THERJEIN. EXECUTED BY AND BETWEEN: VERNON SAVINGS AND LOAN ASSOCIATION, FSA AND THE CITY OF CARLSBAD. RECORDED: OCTOBER 12,1987 AS FILE NO. 87-574493 OF OFFICIAL RECORDS. 13. A REIMBURSEMENT AGREEMENT DATED OCTOBER 6, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LYON/COPLEY CARLSBAD ASSOCL\TES, L.P., A CALIFORNLA LIMITED PARTNERSHIP AND TREETOPS UNLIMITED, A CALIFORNIA JOINT VENTURE COMPOSED OF SUNDANCE FINANCIAL, ESfC, A CALIFORNLA CORPORATION, FORMERLY PACIFIC SCENE, INC., AND GREAT AMERICAN DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION, FORMERLY FINANCIAL SCENE INCORPORATED, A CALIFORNLA. CORPORATION. RECORDED: APRIL 9, 1990 AS FILE NO. 90-189322 OF OFFICLAL RECORDS. A MEMORANDUM OF MODIFICATION TO REIMBURSEMENT AGREEMENT WAS RECORDED OCTOBER 23,1992 AS FILE NO. 1992-0677160 OF OFFICL\L RECORDS. A MEMORANDUM OF ASSIGNMENT OF REIMBURSEMENT AGREEMENT DATED MARCH 15, 1996, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: SUNDANCE FINANCLAL, INC., A CALIFORNIA CORPORATION AND TREETOPS UNLIMITED, A CALIFORNIA JOINT VENTURE COMPOSED OF SUNDANCE FINANCIAL, INC., A CALIFORNIA CORPORATION, FORMERLY PACIFIC SCENE, INC., AND GREAT AMERICAN DEVELOPMENT COMPANY, A CALIFORNLA CORPORATION, FORMERLY FDSfANCIAL SCENE INCORPORATED, A CALIFORNIA CORPORATION. RECORDED: MARCH 28,1996 AS FILE NO. 1996-0155263 OF OFFICIAL RECORDS. BY AN INSTRUMENT RECORDED DECEMBER 5, 1997 AS FILE NO. 1997-0615144 OF OFFICIAL RECORDS, PARCELS 3 AND 4 (VILLAGE Q AND T) HAVE BEEN RELEASED FROM SAID AGREEMENT. PAGE 5 K A M £ n J ORDER NO. 1211506-6 14. AN EASEMENT FOR CABLE TELEVISION FACILITIES AND INCIDENTAL PURPOSES IN FAVOR OF DANIELS CABLEVISION INC., RECORDED SEPTEMBER 26, 1990 AS FILE NO. 90-526046 OF OFFICIAL RECORDS. THE ROUTE OR LOCATION CANNOT BE DETERlVflNED FROM SAID INSTRUMENT. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 15. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED MAY 9, 1991 AS FILE NO. 91-0218597 OF OFFICLAL RECORDS, LOCATED WITHIN A PORTION OF THE HEREIN DESCRIBED PROPERTY. THE ROUTE OF WHICH IS FULLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS IVIADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 16. AN EASEMENT FOR INGRESS/EGRESS AND FOR THE INSTALLATION AND MAINTENANCE OF WATER PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED MARCH 29, 1991 AS FILE NO. 91-0142368 OF OFFICLAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 17. A NOTICE OF SPECIAL TAX LIEN FOR COMMUNITY FACILITIES DISTRICT NO. 1, RECORDED MAY 20, 1991 AS FILE NO. 91-0236959 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 18. AN AGREEMENT NOT TO OPPOSE THE FORMATION OF AN EASEMENT MAEVJTENANCE DISTRICT FOR THE CONTINUED MAINTENANCE OF THE BUENA VISTA CREEK CHANNEL CT 83-19, 83-32, EXECUTED BY LYONXCOPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP, RECORDED JUNE 28, 1991 AS FILE NO. 91-0316459 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 19. A FUNDING AND MITIGATION AGREEMENT DATED OCTOBER 26, 1993, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CARLSBAD UNIFIED SCHOOL DISTRICT AND LYON/COPLEY CARLSBAD ASSOCLATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP. RECORDED: NOVEMBER 2,1993 AS FILE NO. 1993-0736415 OF OFHCIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 6 . -v A £ ft / ORDER NO. 1211506-6 20. THE FACT THAT SAID LAND LIES WITHESI COMMUNITY FACILITIES DISTRICT NO. 3, AS DISCLOSED BY A NOTICE OF SPECLAL TAX LIEN RECORDED APRIL 26, 1994 AS FILE NO. 1994-0277976 AND BY DISTRICT BOUNDARY MAP RECORDED AUGUST 20, 1997 AS nLE NO. 1997-0403172 OF OFFICIAL RECORDS. AN AMENDMENT TO THE ABOVE NOTICE OF SPECIAL TAX LIEN WHICH RECORDED JULY 27,1995 AS FILE NO. 1995-0322359 OF OFFICIAL RECORDS. THE FACT THAT SAID LAND LIES WITHIN THE AMENDED ANNEXATION MAP NO. 3 TO BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 3, AS DISCLOSED BY INSTRUMENT RECORDED MARCH 11, 1999 AS FILE NO. 1999-0157103 OF OFFICIAL RECORDS. 21. THE TERMS, COVENANTS, AND PROVISIONS OF THE OPERATING AGREEMENT OF CYPRESS VALLEY LLC REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS. 22. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COPY OF ANY AMENDMENTS TO THE OPERATING AGREEMENT OF CYPRESS VALLEY LLC. PAGE 7 ORDER NO. 1211506-6 LEGAL DESCRIPTION THE LAND REFERRED TO HEREEST IS SITUATED ESI THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THE "REMAINDER PARCEL" WHICH LIES NORTHERLY OF TAMARACK AVENUE AS SHOWN ON CARLSBAD TRACT NO. 83-32, CALAVERA HILLS VILLAGE Q, ACCORDING TO MAP THEREOF NO. 12950, FILED ESf THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16,1992. OCTOBER 20, 1999 11:15 AM LB PAGES 4. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY • 1970 WITH A.L.TJV. ENDORSEMENT FORM 1 COVERAGE - SCHEDULE OF EXCLUSIONS FROM COVERAGE • 1. Any law, ordinance or govemmental 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 herealter erected on Ihe 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 govemmental legulation. 2. Rights of eminent domain or govemmental rights oi police poviier unless notice of 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 to the insured claimant either at Dale of f^licy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and nol 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 loss 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 affonled herein as to assessments for street improvements under construction or completed at Date ol Policy). 4. Unentorceability ol the lien ol the insured mortgage because ol lailure ot the insured at Date of Policy or ot any subsequent owner of the indebtedness to comply with applicable "doing business" laws ol the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Ijnd 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 lo 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 shovm 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 lacts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection ot said land or by making inquiry ol persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundaiy lines, shortage in area, encroachments, or any other facts which a conect 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 senrices, labor or material theretofore or hereafter fumished, 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 bcCLUSIONS FROM COVERAGE The tollowing matters are expressly excluded Irom the coverage ol this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, onlinance 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 ol the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iil) 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 defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereot or a nolice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ot Policy. 2. Righls of eminent domain unless notice of the exercise thereol has been recorded in the public records at Oate ol Policy, but not excluding from coverage any taking which has occurred prior lo Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or olher matters: (a) created, suffered, assumed or agreed to by Ihe insured claimant; (b) not known lo the Company, not recorded in the public records at Date of Policy, but known to Ihe insured claimant and not disclosed in writing lo the Company by the insured claimant prior to Ihe date the insured claimanl became an insured under this policy; (c) resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent lo Dale ot Policy (except to the exlent that Ihis policy insures the priority ot the lien ol the insured mortgage over any statutory lien for services, labor or material or the exteni insurance is afforded herein as to assessments for street improvements under construction or completed al date of policy); or (e) resulting in loss or damage which would nol have been sustained if 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 Ihe insured al Date of Policy, or Ihe inability or failure of any subsequent owner of the indebtedness, lo comply wilh applicable "doing business" laws of the state in which the land is situated. 5 Invalidity or unenforceability ol the lien ol the Insured mortgage, or claim Ihereof, which arises out ol the transaction evidenced by Ihe insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for senrices, labor or materials (or the claim ol priority of any statutory iien for senrices, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted lor and commenced subsequenl lo Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Dale cf Policy Ihe insured has advanced or is obligated to advance. 7. Any claim, which arises out of Ihe transaction creating the interest ol Ihe mortgagee insured by this policy, by reason of the operafion of federal bankruptcy, slate insolvency, or similar creditors' righls laws, that is based on: (1) the Iransaclion creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of Ihe application of Ihe doctrine of equitable subordination; or (iii) the transaction creating the interesl of Ihe insured mortgagee being deemed a preferential transfer except where the preferential transfer results Irom the lailure: (a) to timely record the instrument of transfer; or (b) of Such recordation to impart notice to a pun:haser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION 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 lorth in paragraph 6 above are used and the tollowing exceptions lo coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will nol pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by Ihe records ol any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, righls, interests, or claims which are not shown by Ihe public records but which could be ascertained by an inspection ot said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by Ihe public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any olher facts which a correct sunrey would disclose, and which are nol shown by public records. 5. Unpatented mining claims; resenrations or exceptions in patents or in Acls authorizing the issuance thereol; water rights, claims or title to water. 5. Any lien, or righl to a lien, for services, labor or material theretofore or hereafter fumished, imposed by law and nol shown by Ihe 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 nol pay loss or damage, costs, attorneys' fees or expenses which arise by reason of; 1. (a) Any law, ordinance or governmental regulation (including but nol limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) Ihe occupancy, use, or enjoyment of the land: (ii) the character, dimensions or location ol any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area ol the land or any parcel of which the land is or was a part: or (iv) environmental protection, or Ihe effect of any violation of Ihese laws, ordinances or governmental regulations, except to Ihe exlent that a nolice of the enforcement thereot or a notice ot a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in Ihe public records at Dale ol Policy, (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of Ihe exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation alleciing Ihe land has been recorded in the pubtic recoids at Date of Policy. 2. Righls of eminent domain unless notice of ttie exercise ttiereof has been recorded in the public records al Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on ttie rights ot a purchaser lor value wittiout knowledge. 3. Delects, liens, encumbrances, adverse claims or other matters: (a) cieated, suttwed, assumed oi agieed lo by ttie insured claimant: (b) nol known to the Company, not recorded in the public reconls at Date of Policy, but known lo ttie insured claimant and nol disclosed in writing to the Company by the insured claimanl prior to ttie dale ttie insured claimant became an insured under ttiis policy; (c) resulting in no loss or damage to the insured claimant: (d) attaching or cieated subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained If the Insured claimanl had paid value for ttie estate or interest insured by this policy. 4. Any claim, which arises out of ttie transaction vesting in the Insured ttie estaie or interest insured by this policy, by reason of ttie operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, ttiat Is based on: (i) the transaction creating Ihe estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) ttie tiansaction creating Uie estate or interest insured by ttiis policy being deemed a preferential transfer except where ttie preferential transfer resulls from the failure: (a) to timely record the inslmmenl of transfer; or (b) of such recordation to impart notice to a purchaser tor 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 nol as an Extended Coverage Policy ttie exclusions set forth in paragraph B above are used and the tollowing exceptions to coverage appear in ttie policy. SCHEDULE B This policy does not insure against loss or damage (and ttie Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by ttie records of any taxing authority ttiat levies taxes or assessments on real property or by the public records. 2. Any fads, rights, interests, or claims which are not shown by ttie public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession ttiereof. 3. Easements, claims of easement or encumbrances which are nol shown by ttie public records. 4. Discrepancies, conflicts in boundaty lines, shortage in area, encroachments, or any ottier (acts wtiich a correct suwey would disclose, and wtiich are not shown by public records. 5. Unpatented mining claims; resenrations or exceptions in patents or in Acts authorizing ttie issuance ttiereof; waler rights, claims or tiUe to wafer. 6. Any lien, or right to a lien, for senrices, labor or material ttieretofore or hereafter furnished, imposed by law and not shown by ttie public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDEimAL TITLE INSURANCE POLICY -1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attomeys' tees and expenses resulting from: 1 Governmental police power, and the existence or violation ol any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on ttie land • environmental protection This exclusion does not apply to violations or ttie enforcement ol ttiese matters which appear in the public reconls at Policy Oate. This exclusion does nol limit ttie zoning coverage described in Items 12 and 13 of Coveied Title Risks. 2. The right to take ttie land by condemning H, unless: • a notice of exercising ttie right appears In the public records on ttie Policy Date • ttie taking happened prior to ttie Policy Date and is binding on you If you bought ttie land wittiout knowing of ttie taking. 3. Title Risks: • ttiat are created, allowed, or agreed to by you • ttiat are known to you, but not to us, on ttie Policy Date - unless they appeared In the public records • ttiat result in no loss to you • ttiat first affect your title after the Policy Date - ttiis does not limil ttie labor and material lien coverage in Hem 8 ot Covered TiUe Risks 4. Failure to pay value for your titte. 5. Lack of a righl: • lo any land outside ttie area speclflcally'described arrj referred lo in Item 3 of Schedule A, or ' ' ' • in streets, alleys, or watenways that touch your land This exclusion does not limit ttie access coverage in Item 5 "'1 Covered Title Risks. ' '' RONALD R. BALL CITY ATTORNEY JANE MOBALDI ASSISTANT CITY ATTORNEY CINDIE K. McMAHON DEPUTY CITY ATTORNEY JULIA L COLEMAN DEPUTY CITY ATTORNEY CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008-1989 (760) 434-2891 FAX: (760) 434-8367 RANDEE HARLIB SECRETARY TO CITY ATTORNEY ARDIS SEIDEL LEGAL SECRETARY/PARALEGAL April 22, 2002 ^^^^^ Ms. Sue Loftin THE LOFTIN FIRM 4330 La Jolla Village Drive, Suite 330 San Diego, CA 92122 Ms. Amy Nefouse LATHAM & WATKINS 701 B Street, Suite 2100 San Diego, CA 92101 VIA FACSIMILE AND REGULAR MAIL Re: Option Agreement - Satisfaction of Condition 31 cc . (e_Ga£> 2<s»2_ - (6 fi.c IU>^P 'STf/ 7 Dear Counsel: This letter is to confirm our mutual understanding, reached during our meeting on April 10, 2002, regarding the requirement for arbitration contained in Condition 31 of the Conditions of Approval for Calavera Hills Phase II ("Project"). The parties' understanding is that this requirement is to be triggered if Calavera Hills II LLC ("Calavera") and Rancho Carlsbad Owners Association Inc. ("Rancho Carlsbad") are at impasse and cannot reach agreement on the terms of an option agreement by May 1, 2002. Since the approval of the Project, the parties have been actively engaged in productive negotiations and all but a few issues have been decided. One key outstanding issue is whether and how to process concurrent land use approvals for the property that is the subject of the option agreement. The parties acknowledge that this discussion is expected to continue beyond May 1, 2002, and have tentatively set July 1, 2002, as the target date for concluding negotiations. The ongoing discussions regarding the option agreement, in general, and land use approval processing, in particular, have not reached impasse nor are they expected to ® Ms. Sue Loftin Ms. Amy Nefouse April 22, 2002 Page 2 reach impasse by May 1, 2002. Moreover, the requirement for arbitration is subject to the City's concurrence with any terms imposed by the arbitrator that impact the City's obligations under the agreement. Approval processing falls within this proviso and, because the City is not required to participate in arbitration under Condition 31, the parties believe it is best to exhaust discussions on approval processing before pursuing arbitration. Finally, the parties understand and agree that their decision to continue negotiations beyond May 1,2002, does not prevent either Calavera or Rancho Carlsbad from demanding arbitration if an impasse occurs after that date. Similarly, the parties understand and agree that their decision to continue negotiations does not constitute a waiver of any of the requirements contained within Condition 31, including the requirement that the option agreement be finalized prior to the issuance of any building permits for the Project. Thank you for your continued cooperation. If your understanding regarding the status of negotiations or of any of the above points is different, please let me know at once. Sincerely, CINDIE K. McMAHON Deputy City Attomey c: Gary Wayne, Assistant Planning Director David Hauser, Deputy City Engineer Van Lynch, Associate Planner FEB-07-02 09:30 +610-3363150 T-D14 P.03/14 F-801 ORNIA INDIAN LEGAL SmVICES FROM-McMillln Land Dsveiopmsnt CALIF 609 Saab Escondido Boalewd £scoBdido,CA9202S Pbone (760) 746-8941 • Fax (760) 746-1815 'www.caUiidiaa.org Oirtcting Anomty Icuru Aiininda Senior Siaif Attorney Lcnvrence R. SfKVumi Staff Aitorneyti Lts^J. Cartoni KaArynA- Ogai Bnnda Tamarait Jovm WiUit Mrwwn Mr. Brian Milich McMillin Land Devdopment 2727 Hoover Ave. National City, CA 91950 January 28,2002 VIA MAIL AND FACSIMILE (619) 336-3596 Re: Calavera Hills Pre-Excavation Agreemem Dear Brian: Enclosed please find the Calavera HiUs Pre-Excavatira Agreem^t signed by the San Luis Rey Band. Please feel fiee to call me with any questions or concerns- Sincerdy, CAJiFORNIA INDIAN LEGAL SERVICES ^MJ4l iJcfB^ Denise Douglas-Bairr Enclosure cc: Amy Nefouse - FEB-D7-02 09:30 FROM-McMlllin Land Development +619-3363150 T-014 P.04/14 F-801 PRE-EXCAVATION AGREEMENT CALAVERA mts MASTER PLAN PHASE II I. PARTIES The parties ro rhis Agreement are the San Luis Rey Band of Luiseno Mission Indians, ("San Luis Rey Band" or "Tribe") and Calavera Hills II LLC, a Califomia limited liability company ("Developer"), The San Luis Rey Mission Indian Foundation ("Foundation") is a party to this Agreement only with respect to section XIII of this Agreement and section IV of Add«idimi I to this Agreement. U. SUBJECT MATTER This Agreement concems a project knovm as Calavera HiUs Master Plan Phase n, in the City of Carlsbad, California ("Projeci"). Thc San Diego County Medical Examiner's Office will bc provided a copy of this Agreement, The City of Carisbad Planning Department, Lead Agency which is responsible for environmental compliance of this Project, wUl also be provided a copy ofthis Agreement. in. PURPOSE The purpose ofthis Agreemem is to formalize procedures for the treatmem of Native American human remains, grave goods, ceremonial items and any other significant or intact Native American cultural itons, in the event tbat any are found in coi^'unction with devdopment ofthe Project. This Agreemrat ^plies to aU aspects of ifae Project involving archaeological studies, excavation, grading, and any other natwal-ground-disturbing activity affecting an archaeological site, in which Developer is the party responsible for such activity. This Agreement also formalizes procedures for Native American monitoring during archaeological studies, grading, and ground«disturbing activities for the Project. This Agreement is entered into in fiirtherance of the protection of Native American cultural resources, oonsbteat with die Califomia Environmental Quality Aa ("CEQA"). This Agreement is effective as ofthe date of the signatures below. IV. CULTURAL AFFILIATION The Tribe believes in good &ith that the Project area consists of land which has been traced to and tradiuonaUy occupied by the San Luis Rey Band. Any Native American human remains which are found in coiyunction with the develoinnem of this project shaU be treated in accordance with Section VII of this Agreement. Any other Nadve American culmral resources shall be treated in accordance with Section IX of this Agreement. SD_0OCS\MM«3 6(W20(M] FEB-07-02 09:30 FROM-McMlllln Land Development +619-3363150 T-014 P.05/14 F-801 V. PROTECTION OF SITES AND PROJECT AREA The Projeci area consists of approximately 819 acres located in tbe City ofCarlsbad, Calitornia, as shown on Exhibit A attached hereto [Figure 1-2 fiom EIR], As documented in the Culmral Resources Technical Repon for the Project (Recon, May 12,2000), development of the Project wiU not adversely impact any known sites of cultural or archeological significance. Two of tbe sites, SDI-5438 and SDI-5439, will be preserved in permanent open space and so will not be disturbed by grading, excavation, or subsequent project development activiQr. However, the Projeci WiU potentially impact nine other sites, which are not considered significant under die California Environmental Quality Act; Sites SDI-5416, SDI-5434, SDI-5435. SDI-5436, Temp 5, SDI-12,470, SDM2,47l, SDI-635. and SDI-5437 (collectivdy "Sites"). The San Luis Rey Band understands that, in accordance with the approved tentative tract map and associated entitiements for the Project, devdopment wiU take place over the areas of some or all of the Sites. Provided that the developmenl takes place as described in the tentative tract map and associated entitiements consistent with the provisions of this Agreement, die San Luis Rey Band agrees to such development and improvements widiin die PTojeci area. VL COORDINATION WITH COUNTY MEDICAL EXAMINER'S OFFICE The Devdoper shall immediately contact the County Medical Examiner, the San Luis Rey Band and die City of Carlsbad, in the event dial any human remains are discovered during any stage ofthe implementation of die Project. The Devdoper shall request that die County Medical Examiner provide notification to die NAHC, as required by California Public Resources Code § 5097.98(a) and California Hcaldi and Safety Code § 7050.5, if appropriaie. VU. TREATMENT AND DISPOSITION OF REMAINS In die event dial human remains found duiing developmenl of the Project are d«eiroined by the Counly Medical Examiner to be Native American, and the San Luis Rey Band or a member of die San Luis Rey Band is detennined to be the MLD, die foUowing provisions shaU ^ply. The San Luis Rey Band shaU be aUowed, under Califomia Public Resources Code § 5097.98(a), to: (1) inspect the site of the discovery, and (2) make prompt deieiminations as to bow the human remains and grave goods should be treated and disposed of, with appropriate dignity, by tbe Tribe. The San Luis Rey Band shall complete its inspection within twenty-four (24) hours of recdving notification from either the Developer, the City, or the NAHC. AU panies agree xa discuss in good faith what constimtes "appropriate dignity," as diat term is used in die applicable statutes. Reburial of human remains shaU comply with California PubUc Resources Code §§ S097.98(a) and (b) and any odier appUcable law, nile, ordinance of any governmental agency having jurisdiction of the propeny. The San Luis Rey Band shall be SO_OOCSV303049.6[W2000] FEB-07-02 09:30 FROM-McMlllln Land Development +619-3363150 T-014 P.06/14 F-801 fiilly responsible for the determination and prompt disposition and treatment of Native American human remains, if it is deiermined to be the MLD. All parties are aware diat die San Luis Rey Band may wish to rebwy tbe Native American human remains and ceremonial and culiural items or grave goods, if any are discovered, on or near the site of their discovery, in an area which wUl not be subject lo fiiture disturbances or development over a prolonged period of time. Developer agrees that if it is also die property owner, it wiU aUow on-site reburid by die Tribe, subject to compUance widi dl appUcable laws, rules, ordinances or regul^ns of any govemmemd agency having jurisdiction of the property. A muniaUy acceptable non-devdoprooit area shdl be selected, in consultation with die San Luis Rey Band, as close as practicable to the site of die remains' origind burid, subjeci to any required govemmemd agency approvals. The term "human remains" encompasses more dian human bones, because San Luis Rey traditions call for the ceremonid buming of human remains and animds. Ashes, human remains and assodated grave goods, including but not limited lo animd bones and odier remnants fiom buming ceremonies found with human remains, are to be treated in the same maimer as human bones or human bone fitigments that remain intact. VIIL MOST LIKELY DESCENDANT In die event diat Native American human remains arc found duiing devdopment ofdic Project, it is understood by dl panies to diis Agreement diat die determination of Most Likely Descendant ("MLD") under CaUfomia PubUc Resources Code §5097.98, wUl be made by die Native American Heritage Commission ("NAHC"), upon notification of die discovery of human remains of Native American origin at die Project site. While die NAHC has designaled die San Luis Rey Band as MLD for die Carlsbad area in die past, diere is no guarantee that die San Luis Rey Baiid, or one of their members, will be so named. The Tribe bdieves, however, dial when and if such human remains are discovered in die Pioject site, given die location of die site and die history and prehistory of ihe area, Henry Contreras, or another member of the San Luis Rey Band, wiU be named MLD, Should it be detennined by die NAHC dial a member of an Indian Tribe odier dian die San Luis Rey Band is die MLD, die provisions of diis Agreemeni relating to die trealment of Native American remains shdl be nuU and void in dieir entirety; however, in such an event, die provisions of Addendum I to diis Agreemeni, which is fiilly severable, shaU continue in fiiU force and effen. IX- TREATMENT OF CULTURAL ITEMS Treatment of Native American ceremonid and culturd items by the Tribe wUl reflect die traditional religious beUefs and practices of die San Luis Rey Band. The Developer agrees to give dl Native American ceremonid and culturd items which may bc fouiKl on die Projea sue to die San Luis Rey Band for appropriaie ireaimcni, unless die SP_D0CS\3q3fl43 6[W?00oJ FEB-Q7-02 09:31 FROM-McMi11 in Land Development +619-3363150 T-014 P.07/14 F-801 Developer is otherwise ordered by a court or agency of competent jurisdiction. The Devdoper wdves any and aU claims to ownership of Native American ceremonid and culturd items which may be found on the projeci site in fiivor of die San Luis Rey Band. If temporary possession of culwrd items by an entity or individud odier dian die San Luis Rey Band (for example, an archaeologist retained by die Developer) is necessary, diat entity or individud shall not possess those items for longer than is reasonably necessary. The San Luis Rey Band shdl prompdy remove dl culturd iteins, excluding human remains, so as not to delay the Project. X, NON-DISCLOSURE OF LOCATION OF REBURIALS li is understood by dl parries to diis Agreement dial unless otiierwise required by law, the site ofany reburid of Native American human remains shdl not be disclosed by Devdoper, excepi as may be necessary for die future protection and maintenance of die area by any successors in interest ofthat area. The site ofany reburid sbaU not, unless odierwise required by law, be govemed by public disclosure requirements of thc Cdifomia PubUc Records Act. The County Medical Examiner will be asked to widihold pubUc disclosure of infoimation related to such reburid pursuant to the specific exemption set fonh in Cdifomia Govemment Code § 625M.T). XL WORK STATEMENT FOR NATIVE AMERICAN MONITORS The description of work for monitors of the ardiaeologicd, grading and ground- disturbing operations at the development site is attached hereto as Addendum 1, and incorporated herein by reference. Addendum I specifies the geogiaphicd area over which die monitoring shdl be conducted, the size of die monitoring crew, die powers of die monitoring crew, and provisions for compensation ofthe tribd monitors. xn. SUCCESSORS AND ASSIGNS This Agreemem shdl be binding upon and inure to die benefit of die bdrs, successors, executors, adminisiratois, and assigns of aU die parties, including subsequent land owners and developers ofthe projeci area, and any peison or entity obUgated to comply with environmentd and cultural/archaeologicd protection laws applicd)le to this project. XIIL INDEMNITY & INSURANCE The San Luis Rey Band, its ofGcers, members, directors, council members, agents, employees, afQliates, successors, subsidiaries, assigns, and related organizations or entities, in no way agrees to defend, hold harmless, indemnify nor guaraniec in any way the City of Carlsbad or die Developer firom any and aU claims, obUgations, UabiUties, damages or actions arising oul of, relating to or connected with die Project. Provided, however, die San Luis Rey Mission Indian Foundation ("Foundation") which shdl, pursuant to section IV of Addendum I to this Agreement, refer appropriate monitors for die Project, shdl indemnify, defaid and save hannless Developer, its agents, officers, and employees, and each of diem, of and ftom any and dl cldms, demands, causes of action. FEB-07-02 09:31 FROM-McMllI in Land Development +619-3363150 T-014 P.08/14 F-801 damages, costs, expenses, property damage, contraa disputes, losses or liability, in law or in equity, of every kind and nature whatsoever, including but not Umited to damage to streets, goods, property, or injuries to or death of any person, but only to the extent that such claims, demands, causes of action, damages, costs, expenses, propeny damage, contract disputes, losses or liabiiily are caused by or conoibuted to, in whole or in pan, the negligence of the Foundation and/or monitors or by an act, omission, commission or deviation by the Foundation and/or monitors fiom the standards of care applicable to the performance of services in connection with the Projeci and this Agreement. The Foundation agrees to mdntain. throughout the entire term of this Agreemeni and during any wotk performed pursuant to this Agreement, the foUowing minimum insurance coverage; Comprehensive Generd Liability: $1,000,000 or Commercid Generd LiabiUty: $1,000,000 widi $2,000,000 aggregate, or Commercial Generd Liability: $1,000,000 Generd Aggregate and with Aggregate Limit per project endorsement; Cdifoniia Worker's Compensation: Staiuu>ry Requiranents The Foundation agrees to deliver to Developer insurance certificates adding Developer as an Additiond Insured to the Foundation's Generd LiabUity insurance policy prior to any on'Siic monitoring activity. The Developer $haU be insured, for ongoing opeiations, undw the Foundation's insurance policy only for UabiUty arising out ofthe Native American monitors' woric related to the Project. XIV, SEVERABILITY Should any pan of this Agreement be found by any coun or agency of compemit jurisdiction to be, to any extent, invaUd or unenforceable, the remdnder of diis Agreemem shaU not be affected diereby, and shaU be vdid and enforcedile to the fullest extent permitted by law, XV. CONSIDERATION In consideration of, and contii^gent upon the Developer's compliance with the requirements and promises contained in diis Agreement, die San Luis Rey Band, and die Foundation on their behdf and on behdf of their members, agrees to forgo legd action which could impede the devdopment of the Project. SO_DOCS\303043.6[W2000} FEB-D7-02 09:31 FROM-McMi11 in Land Development +619-3363150 T-014 P.09/14 F-801 XVI. GENERAL PROVISIONS A. This Agreemcoi is unique to die Project only, and docs not set a precedwit for other projects. B. The San Luis Rey Band hereby submits to the jurisdiction of the courts ofthe Statc of CaUfomia for puiposes of die interpretation, enforcement and perfonnance of diis Agreement and to any State Coun judgment, order or action in connection dierewith and agrees diat die venue of any such action shaU be in the San Diego County Superior Coun in Nonh County. XVIL COUNTERPARTS This Agreement may be signed in two or more counteipans, and wiU be effective when dl the panies and signaKiries have affixed their signatures to two or more of thc counteipans and diey have been delivered to dl parties, at which time die counterparts togedier wiU be deemed one origind document. San Luis R^ Band of Luiseno Mission Indians Calavera HUls n LLC, a CaUfomia limited UabUity company By: Russdl Romo By: Tribd Captain [tide] Date Date San Luis Rey Mission Indian Foundation By: Carmen Mojado Secretary SD_I5OCSV3O3043,6(W2000] FEB-07-02 09:31 FROM-McMlllin Land Development +619-3363150 T-014 P. 10/14 F-801 XVL GENERAL PROVISIONS A. This Agreemem is unique wdwPitgect only, and does not aet a pipec^^ other prpjects. B. Tbe S«n Lois Rey Band heieby aibimts to die jurisdiciion of ^ Stale of CaUfiwnia for purposes of die intqpietatiQo, enforcement and peilbimanoe of dds AgivaiuBif and tt) any State Coun judgment in connection dieiewidi and agrees dua die venue of any sui^ action d^ the San Diego County Superior Conrt in Ntntb County. XVIL COUNTERPARTS Uiis Agjeement may be signed in two or mnce counteipans^ and will be efiGKtive^iieD dl the panics and signtfories have afifoed their signsturss to two or more di^ h«ve been deliveied to aU panies, at which time tbe eoumeipans togetber WiU be deen^ ome origiiid document. San Luis Rey Band of Luisefio Kfisdon bdians By: Russell RonD Tribd Captain Date San Lois Mission bdian Foundatiain By: Cannen Mpjado Secntwy Catovem HiUs n LLC, a Catifosnia ^^it^ UainU^ conqmy By:yf^ [titled S ^ Date Date SD_DOC8\3O3M34i(«aQ0iq FEB-D7-02 09:31 FROM-McMi11 in Land Development +619-3363150 T-014 P.11/14 F-801 EXHIBIT A [FIGURE 1-2 FROM EIR SHOWING MASTER PLAN PROJECT AREA] SD_DOCS\303043 6[Vkr2000l FEB-D7-02 09:32 FROM-McMiIIin Land Development +619-3363150 T-014 P.12/14 F-801 ADDENDUM 1 CALAVERA HILLS MASTER PLAN II PROJECT NATIVE AMERICAN MONITORING OF GRADING AND GROUND-DISTURBING ACTIYTTIES L SPECinCATIONS Given die potential nature and sensitivity of the archaeologicd sites and culturd resources ihai are in or may be in die Projeci area, thc parties have agreed to aUow Native Amencan monitoring during grading and naiurd-ground-disturbing activities for the Project affecting the Sites and associated buffer areas identified on Appendix A, which is hereby incorporated by reference. WhUe the exercise of diis audiority is unlikely, die Native American monitors are empowered to temporarily stop or relocate excavation activities for shon periods of time, not to exceed dutre (3) hours, to protect or remove significant culturd items diat may be uncovered during development, and lo consult with die Project archaeologist Any temporary stops or relocations of excavation activities by die Native American monitor shdl be coordinated wid) the on-site project superintendent. Regarding grading activities, a pre-grading conference shdl be held with die City of Carlsbad to clarify Native American monitoring specifications widi the grading contractor and/or projeci manager and the grading inspector of die jurisdiction in which the {^ject site is located. The San Luis Rey Band or die designated Native American monitor, shall be invited to panicipaie in this conference. In conjunction with die Native American Monitors, the Developer may provide an archaeologist, of its choosing, ifand when any archaeologocid sites are uncovered duiing thc development process or at any odier time. The archaeologist shdl assist in identifying and/or ascendning the significance ofany subsurfece culturd resources, and be avdiable for consultation with the Native American monitor. For purposes of determining crew sizes, a written schedule of excavation, testing, grading and/or ground-distuibing activities wiU be submitled by the Developer to die Native American monitor at least one week in advance of the commencement of these activities. H. PROJECT TO BE MONITORED Monitoring shall occur within the development area ofthe Sites and buffer zones listed on Appendix A. This shdl be known as the "monitor area." It is agreed tiiat monitoring will be allowed for dl excavation, grading, and naturd- ground-disturbing activities occuning in the monitor area. Ul. PROJECT CREW SIZES The Parries to the Cdavera HiUs Master Plan Phase II Excavation Agreement anticipate die need for a tribal mooiioring crew consisting of one (1) person, and die expected monitoring SD,DOCS\3030<3 6tW2000] FEB-07-02 09:32 FROM-McMl11 in Land Development +619-3363150 T-014 P.13/14 F-801 duration wiU not exceed 175 hours cumulatively. If the scope of die work changes to require additiond monitors li.e. simultaneous grading in two (2) differeni geographic areas), the Developer acknowledges ihat additiond monitors may be necessary. However, die cumulative number of hours set fonh above shall not be exceeded without advance written agreement between the Panies. Any additional moniior(s) will be subject to the same terms and conditions, including compensation, set fonh herein. If Native American human remains are found, coordinating the reburid of those remdns and culturd and ceremonial items wUl be conducted in accordance with Sections VH and IX of the Pre-Excavarion Agreement. IV. COMPENSATION On behdf of die San Luis Rey Band, die San Luis Key Mission Indian Foundation shaU refer qudified monitors for die Project The Native American monitors shaU be die Foundation's independent contractors and not an employee, agent or contracror of Developer. The San Luis Rey Band recognizes dial dangerous conditions can exist on die wodc site, panicularly during the grading operations, and has informed die Foundation and the monitors of these dangers, and that the monitors must assume responsibiUty for the safety of die tribd monitoring crew while on die Project site and conform to dl heddi, safely laws and regulations, including on-site job rules and regulations. No visitors are dlowed. The Developer shdl provide compensation to the Foundation for tbe tribd monitors at the rate of $35.00 per hour. The Foundation wiU invoice Developer and include with sudi invoice a complete time record for each monitor, showing die site(s). daie(s), and hours of actud monitoring. Further, dl monitors must check in widi the on-site project superintendent at thc beginning and end ofany work day. The on-site project superintendent's signature on each rime card must accompany the invoice. A minimum three-hour charge ("show up" time) wiU be charged to die Developer for unannounced work stoppages of San Luis Rey Band monitors which are not due to actions of die San Luis Rey Band- The hourly rate wiU not be appUcable to nravel time to and fiom the project site. The Foundarion wiU invoice Developer not more frequently dian mondily; Developer will prompdy pay dl invoices. SO_DOCS\303043.6[W2000] FEB-07-02 09:32 FROM-McMlII in Land Development +619-3363150 T-014 P.14/14 F-801 APPENDIX A SITES TO BE MONITORED AND BUFFER ZONES SITE BUFFER 20N£ SDI-5416 20 feet SDI-5434 20 feet SDI-5435 20 feet SDI-5436 20 feet Temp 5 20 feet SDI-12.470 20 feet SDI-12,471 20 feet SDI-635 20 feet SDI-5437 20 feet SD_POCS\S0J0*3.6{W2000] 10 L. SUE LOFTIN JASMIN D. FLORES WEB ADDRESS: \vv\\v.la\v\'ers.coiii/loltinfimi.com ^ flCOPY FEB 2002 ^ , • piAHNIMGDEPARTMtNl j CatlsbaA HUGH MCLEAN,OF COUNSEL (858) 481-6861 CLIENT/MATTER NUMBER RCHOA-471 THE LOFTIN FIRM ATTORNEYS AT LAW An Association of Independent Law Firms THE PLAZA LA JOLLA VILLAGE 4330 LA JOLLA VILLAGE DRIVE, SUITE 330 SAN DIEGO, CALIFORNIA 92122 TELEPHONE (858) 535-9380 FACSIMILE (858) 535-9381 WRITER'S DIRECT LINE (858)824-0778 January 31, 2002 Via Electronic Mail & U.S. Mail (sbryant(i:/jspl.usace.army.mil) U. S. Army Corps of Engineers Los Angeles District Regulatory Brancli - San Diego Field Ofc. ATTN: CESPL-CO-200100215-SKB 16885 W. Bernardo Drive, Suite 300-A San Diego, California 92127 . ; • . - ; ,1 ; Re: Rancho Carlsbad Owners Association, Inc. Rancho Carlsbad Country Club Estates, • ; - • Located at 5200 El Camino Real, Carlsbad, 92008 Public Notice; Application for Permit; Public Comment, No. 2001G0215-SK Withdrawal of Request for Public Hearing and to Modify «& Condition the Permit Dear Berry Scheid, Paul Klukas and Shannon Bryant: The Rancho Carlsbad Owners Association, Inc., a California nonprofit mutual benefit corporation (the "Association") filed with your office on November 9, 2001, (1) Request for Public Hearing and (2) Request to Modify and Condition the Permit. The purpose of this correspondence is to withdraw both of those request on behalf ofthe Association. The Association is pleased to inform you that during the course of the City of Carlsbad Planning Commission and City Council hearings the applicants under your application satisfied all concerns set forth in the November 9, 2001 correspondence by agreeing to the inclusion of three (3) additional conditions on the required City approvals. Those three conditions are included with this correspondence for your records. A critical element of the approvals granted by the City of Carlsbad is the establishment of the intersection for Cannon and College Boulevard. The establishment of this intersection minimizes the negative impact on Ranch Carlsbad Country Club Estates, a senior housing complex that has been in existence for over thirty (30) years. All other proposed intersection locations severely impacts the existing senior housing complex. The Association is strongly opposed to any changes in the location of the intersection as approved by the City of Carlsbad. The Association is fiirther pleased to inform you that it supports the application for permit as referenced above and request strongly that you approve the requested permit. Sincerely, THE LOFTIN FIRM By: L. Sue Loftin, Esq. LSL:seb C: Client " Brian Milich, for McMillian David Hauser, for the City of Carlsbad Eric Munoz, for the City of Carlsbad The Honorable Mayor Bud Lewis, City of Carlsbad Amy Nefouse, Esq., Attorney for McMillin Ron Ball, Esq. Attorney for City of Carlsbad California Fish & Game Sempra Energy September 20, 2001 Mr. Don Rideout, Principal Planner City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 RE: Calavera Hills Phase H Master Tentative Map (CT 00-02) dated August 14, 2001 Village Y Site Development Plan (SDP 01-05) dated July 10, 2001 Dear Mr. Rideout: I have reviewed the preliminary grading plans for the above-mentioned tentative map and site development plan with Don Mitchell of McMillin Land Development and Dick Hughes of Hughes & Associates. Although some minor grading details must still be resolved, in concept San Diego Gas & Electric (SDG&E) is in agreement with the overall project. It is not our intention to redesign the grading plans of the Calavera Hills Phase II project. With that said, SDG&E's position is to not adversely affect the desire ofthe McMillin Company's use of their property (SDG&E Easement). SDG&E understands that vegetation removal by the developer to implement the development plan will require the city and resource agencies approval. Before I issue a "Permission to Grade Letter", which will allow the encroachments within the SDG&E easement, and before the City of Carlsbad issues a Grading Permit SDG&E will need to review and approve the work shown on the rough grading plans within SDG&E's easement. Thank you for your cooperation in this matter. (858) 654-1238. Should you have any questions, please call me at John J. Hemandez Senior Land Management Representative Duly Authorized Agent for SDG&E cc: Eric Munoz, City of Carlsbad Planning Department Don Mitchell, McMillin Land Development Dick Hughes, Hughes and Associates [Calavera HiIIs-lR-R.doc] CALAVERA HILLS PHASE II ITEMS TO BE INCLUDED ENCROACHMENTS WITHIN THE SDG&E EASEMENT VILLAGE U 1. FILL SLOPE 2. BROW DITCH 3. PCC ARIZONA CROSSING 4. RIPRAP 5. DAYLIGHT GRADING ADJACENT TO COLLEGE BLVD ALONG WITH A DRIVEWAY CONNECTION TO COLLEGE BLVD. 6. DEDICATE COLLEGE BLVD TO THE CITY VILLAGE W 7. DAYLIGHT GRADING 8. CUT SLOPE VILLAGE X 9. DEDICATE COLLEGE BLVD TO CITY 10. RETAINING WALL ADJACENT TO COLLEGE BLVD 11. CUT SLOPE ADJACENT TO COLLEGE BLVD W/ BARRICADE AT THE TOP OF SLOPE, IF REQUIRED. 12. BROW DITCH 13. DEDICATE CUL-DE SAC TO CITY 14. REALIGN ACCESS ROAD NORTH OF CUL-DE-SAC 15. CONSTRUCT HEADWALL & RIP RAP NORTH OF CUL-DE SAC WITHIN AN EASEMENT DEDICATED TO THE CITY 16. CUT SLOPE NORTH OF CUL-DE-SAC 17. FILL SLOPE SOUTH OF CUL-DE-SAC 18. REALIGN ACCESS ROAD SOUTH OF CUL-DE-SAC 19. FILL SLOPES 20. GRADE ACCESS ROAD TO POLLUTION CONTROL BASE^ FROM EXISTEsfG ACCESS ROAD 21. CONSTRUCT STORM DRAIN, HEADWALL AND RIP RAP WITHEsf A STORM DRAIN EASEMENT DEDICATED TO THE CFIY VILLAGE Y 22. PLACE FILL SLOPE (NOTE: THIS WILL NOT BE PLACED ON EXISTING ACCESS ROAD). GENERAL ITEMS • AN ACCESS AGREEMENT GRANTED TO THE HOA FROM THE CUL-DE-SAC SOUTH TO THE POLLUTION CONTROL BASIN WILL BE ALLOWED. • ANY GATES REQUIRED BY SDG&E WILL BE ALLOWED IN EASEMENT. • ALL DEDICATIONS TO THE CITY WILL BE PERMITTED FOR THE INSTALLATON OF THEIR UNDERGROUND UTILITIES. • ALL FELL AND CUT SLOPES WILL REQUIRE PLANTING AND IRRIGATION • SDG&E WILL ACCEPT THE RELOCATION OF THE MAINTENANCE ACCESS ROAD TO AVOID A DIRECT CROSSING OF COLLEGE BLVD. • ALL PUBLIC RIGHT OF WAY DEDICATIONS WILL REQUIRE JOINT USE AGREEMENTS BETWEEN SDG&E AND THE CITY OF CARLSBAD. [Calavera HiIIs-lR-R.doc] JUL 19 '01 11:59 TO-917606028559 4IOWfll5D cflSSOCIflTfS T-029 P.02/05 F-061 LANDSCAPE ARCHITECTURE October 30, 2000 2836 Camlno Odt Rlo Soulti Suite 210 Son Dlego, California 92108 Phone 619 718-9660 FOX 619 718-9669 mdibox^ihowafdQssoc.com RLA»29)» Mr. Ocn Mitchell McMillin Land Development 2727 Hoover Avenu© National City, CA 91950 Re: Calavera Hills II Slope erosion control landscape Dear Don: The planting required bythe City of Carlsbad for slope erosion control on manufactured slopes is comprised of a combination of deep- and shallow* rooting plant material. In our opinion, this plant material, once established, will be sufficient to minimize surface erosion without the need for terrace drains. Sincerely Mm- • John Howard, ASLA Howard Associates. Inc. JUL 19 '01 11:59 TO-917606028559 FROH- T-029 P,03/05 F-061 Geotechnteaf">-GeolQ8l£.* Environmental i L . I 5741 Palmer Way • Carisbad, Califomia 92008 • (760) 43g^3T55-^-FAX-(-760) 931-0915 November 3,2000 W.O. 2863-A-SC Calavera Hills II, LUC 2727 Hoover Avenue National City, Califomia 91950 Attention: Mr. Don Mitchell Subject: Re\^ew of Slope Drainage and Terracing, Calavera Hills II, City of Carlsbad, Califomia Dear Sir in accordance with your request, GeoSoils. Inc. (GSI) has reviewed the referenced reports, the referenced pians and eite conditions regarding the potential elimination ofthe terrace drains on planned cut and fill slopes at the subject site from a geotechnical perspective. Based on our review, tt is our opinion that ths overall gross stability of fill and cut slopes should not be adversely affected by the elimination of slope benches or tenace drains, nor are terrace drains required, from a geotechnical viewpoint, to enhance and/or otherwise maintain slope stability. In fact, a majority of the slope stability analyses compieted in preparation ofthe referenced reports were performed without the presence of benches. FurthenfDore, it has been our experience wjth otiier projects that tenace drains tend to become choked with sediment and organic debris overtime, due to lack of maintenance. As a result, overtopping ofthe teaace drain can occur, causing erosion and potential slope instability. The elimination oftense drains should e reviewed by the project civil engineer for comment. Soil parameters required by the civil engineer for any analysis could be provided upon request. The conclusions and recommendations presented herein are professional opinions. These opinione have been derived in accordance with current standards of practice and no wanranty is expressed or implied. Standards of practice are subject to change with time. GSI assumes no responsibility or liability for work, testing, or recommendations performed or provided by others. JUL 19 '01 11:59 TO-917606028559 FROH-T-029 P.04/05 F-061 The opportunity to be of service is greatly appreciated. If you have any queetione conceming this report or If we may be of further assistance, please do not hesitate to contact any of the undersigned. Respectfully submitted, QaoSoils, Ine. Robert Crisman Engineering Geologist, CEG RQC/DWS/JPF/mo Attachment Appendix • References Distribution: (4) Addressee / David W. Skelly ^ Civil Englneer,'RCE47 W.O. 2863-A-SC NovembarS.aooo Page 2 Calavera Hills II. LLC Raviaw of Slopa Drainage and Terracing F11«:«:\wp7\280(n2863a.r(» JUL 19 '01 12:00 TO-917606028559 FROH- T-029 P.05/05 F-061 APPENDIX REFERENCES GeoSoils, inc., Preliminary geotechnical evaluation. Calavera Hills 11, College Boulevard and Cannon Road Thoroughfare, City of Carlsbad, California, W.O. 2863-A-SC, in progress. . 1988a. Addendum to feasibility of 1:1 cut slope in lieu of approved crib wall, station 29-i-OO to 31 +50, Coliege Boulevard, Calavera Hiiis, City of Carisbad, California, W.O. 2393'B^C, dated May 4. , 1998b, Feasibility of 1:1 cut siope in lieu of approved crib waii, station 29-(-00 to 31 +50, Coliege Boulevard, Calavera Hills, City of Cartsbad, Calilbmia, W.O. 2393-B- SC, dated April 10. . 1998C, Preliminary review of slope stability. Calavera Hills, Villages "Q" and *T", City of Carisbad, Caiifomia. W.O. 2393-B-SC, dated February 16. G«oSoils> Iftc. APRIL 5, 2001 TO: BRIAN MILICH, MCMILLIN COMPANIES (VIA FAX 619.336.3596) FROM: ERIC MUNOZ, CITY OF CARLSBAD MASTER TENTATIVE MAP COMMENTS - 1^^ REVIEW The City has completed an initial review of the grading concept proposed with Master Tentative Map (CT 00-02) as reflected on the exhibits submitted February 28, 2001. In addition, the City reviewed the site and the stakes placed on the project's perimeter as of March 26, 2001. The comments below are divided into two categories: Policy level comments and Project level comments. The Policy level comments will need to be resolved before addressing detailed comments. Policy Level Comments 1. The master tentative map and grading concept shows significant encroachment into 40% slope areas which are regulated by City code sections 21.95.120(B) and 21.53.230(b)(4). 2. The grading concept also proposes a significant number of 40'+ high slopes which are regulated by City code section 21.95.120 E. 3. HMP hardline encroachments are also proposed Given the above, and after considering the justifications and exclusions submitted. City staff cannot support the magnitude and extent of the encroachments proposed. Staff was anticipating some degree of 40% slope encroachment, 40'+ high slopes and HMP hardline encroachment, however, the scale and extent ofthe proposed grading and encroachments can not be supported by staff The previously approved tentative maps for these areas conformed to city codes (no canyon fills, no 40' high slopes, mostly 40% slope avoidance) Regarding the justifications and exclusions made by the apphcant team, some of those may be acceptable. However, the justifications and exclusions being claimed should be the subject of a focused discussion between the City and applicant. We are now at a point where the grading concept has been refined and staked in the field. This has allowed staff to review the grading concept in detail for compliance with city codes. A focused discussion on this topic should be scheduled. c Project Level Comments 1. An overall landscape concept plan will be required with the master tentative map that shows temporary vs. permanent slopes and provides for soil erosion or planting, respectively, for each slope type. 2. On constraints maps, the graphical depiction of 40% slopes vs. 25-40% slopes must be more distinct so that 40% slope areas can be more easily viewed. Staff is willing to assist with determining if a proposed graphic symbol is distinct enough. 3. Account for, and provide an exhibit depicting, fire suppression areas. Their configuration, location and compliance with regulations will be part of the continued master tentative map review. 4. Statements on various base maps regarding the disposition of the 38 acres of potential excess mitigation credits for the Calavera Nature Preserve (Village Z) are not necessarily accurate or confirmed and should be removed. We anticipate that a discussion of these issues will be part of our Agenda for Tuesday, April 10, 2001. If you want to fax me a draft agenda by mid-day Monday we can finahze for our meeting on Tuesday. Sincerely, ERIC MUNOZ c: Michael Holzmiller, Planning Director Gary Wayne, Assistant Plarming Director Don Rideout, Principal Planner David Hauser, Deputy City Engineer Skip Hammann, Principal Engineer Frank Jimeno, Associate Engineer Lee Sherwood, RECON (via Fax 619.308.9334) Citv of Carlsbad Planning Department February 28, 2000 Don Mitchell iVIcMillin Companies 2727 Hoover Avenue National City CA 91950 SUBJECT: CT 00-02/HDP 00-02 - CALAVERA HILLS PHASE II - MASTER TM Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department and Engineering Department has reviewed your Tentative Tract Map and Hillside Development Permit, application no. CT 00-02/HDP 00-02, as to Its completeness for processing. The application Is Incomplete, as submitted. Attached are two lists. The first list is Information which must be submitted to complete your appiication. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. When all required materiais are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was Initially filed, January 28, 2000, to either resubmit the application or submit the required Information. Failure to resubmit the applicafion or to submit the materials necessary to determine your appiication complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Eric Munoz, at (760) 602.4608, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOfcZMILLER Planning Director MJH.EMrcs Gary Wayne, Assistant Planning Director Don Rideout, Team Leader Frank Jimeno, Project Engineer Bobbie Hoder File Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ^ LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning/Engineering: Pending EIR (EIR 98-02) is in process regarding Calavera Hills Phase ISSUES OF CONCERN Planning/Engineering: Project issues will be based on the EIR for Calavera Hills Phase II. LOCATION MAP NO SCALE (C^9nnn n'nnv ^nnsnl^flnts Inft a.\SDSK\Praj\9ei0e0\DVG\C«.AVERA\9820TLtlC.DWG 1-27-00 IJ:«S:S5 an EST CALAVERA HILLS MASTER PLAN BOUNDARY MASTER TENTATIVE MAP AREA PLANNING SYSTEMS CALAVERA HILLS - PHASE II MASTER TENTATIVE MAP LOCATION MAP