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HomeMy WebLinkAboutCT 75-04; LA COSTA LAND CO; Tentative Map (CT)W] CITY OF CARLSBAD APPLICATION FOR APPROVAL OF A TENTATIVE TRACT MAP AS PROVIDED FOR IN CHAPTER 20.12 OF THE CARLSBAD MUNICIPAL CODE FILING FEE RECEIPT NO. 3323 TENTATIVE TRACT NO.CT No. 75-4 (For Office Use) DATE TO THE PLANNING COMMISSION AND CITY COUNCIL OF THE CITY OF CARLSBAD: I. Request is hereby made for approval of Tentative Tract No. 75-4 consisting of 136 gross acres, having 109 lots, being a proposed subdivision of land for property described as: (Exact Legal Description) Portion of Section 25 and 36, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California generally located on the East (North, South, East, West) side of Alga Road between Alfil Way (Name of Street) (Name of Street) and Babilonia Street (Name of Street) TYPE OF SUBDIVISION Residential Residential, Commercial, Industrial • V . /PLICATION FOR APPROVAL TENTATIVE TRACT MAP V PRESENL ZONE PlannedCommunity PROPOSED ZONE Planned Community V the undersigned state that I am the (I, We) (I am, We are) agent for the owners of the property described herein and hereby V (Owner, Owners) give my V authorization to the filing of this (My, Our) proposed tract map: Name La Costa Land Company, an Illinois Corporation (Typed or Printed as shown on Recorded Deed) V L. me r, Vice President X Si gna tur *L V V V V Name V V V (Typed or Printed as shown on Recorded Deed) Signature Name V V V V V V Typed or Printed as shown on Recorded Deed Signature Name V (Typed or Printed as shown on Recorded Deed) Signature Name (Typed or Printed as shown on Recorded Deed) Signature Name (Typed or Printed as shown on Recorded Deed). Signature Name and Address of Subdivider: La Costa Land Company Costa Del Mar Road, Carlsbad, California 92008 Name and address of Engineer or Licensed Land Surveyor: L.S No. 3189 Rick Engineering Company, Robert C. Ladwig, Vice President 3088 Plo Pico Blvd., Suite 202 (P. 0. Box 1129), Carlsbad, Calif 92008 is from existing Carlsbad Municipal Water District 1 V . The source of water supply water mains which will be extended to provide water to the proposed development. 2. Type of street improvements and utilities which the subdivider proposes to install- the developer proposed to construct all streets to City standards with all proposed utilities (including OATV) underground. AP , PLICATION FOR APPROVAL TENTATIVE TRACT MAP 3. The method of sewage disposal is through the extension of existing Leucadia County Water District sewer mains. The subdivision is within the district's service area and is a part of the district. 4. Proposed storm water sewer or other means of drainage (grade& size)The rnaj:o'rrainage pattern will not be disturbed. The drainage structures for the streets will be determined during final engineering. 5. Protective covenants to be recorded The CC&R's that were adopted for the existing subdivision will stay in effect. 6. Proposed tree planting Tree planting will be in conformance to adopted ordinances. 7. Proposed grading plan (when required)The only grading on this project will be for the construction of streets and driveways. Whatever grading that is needed construct houses will be custom designed in conjunction with the house that each prospective buyer builds. The adopted general plan of the City of Carlsbad recognizes the property described in this application for Residential (Residential, Commercial, Industrial, Etc.) use of land. AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss CITY OF CARLSBAD ) I., Burton L. Kramer (I, We) (Name) depose and declare to the best of my k (my, our) going is true and correct under the penalty of pun -3- 10 APPLICATION FOR APPROVAL TENTATIVE TRACT MAP EXECUTED AT Carlsbad, Clifornia (City) (State) DATE May 6, 1975 OWNER AND/OR OWNER'S AUTHORIZED AGENT: LA COSTA LAND COMPANY BY: Burton L. Kramer, Vice President (Print Name) (Signature) Costa Del Mar Road (Mailing Address) Carlsbad, California 92008 (City and State) (Area Code) 714/729-9111 (Telephone Number) SUBSCRIBED AND SWORN TO BEFORE ME THIS 6th DAY OF May 1975. ()a-ttdo &29e/ Wanda Brock : IALSEAL SE dRE 4, 'NP '4 (Notary Public) SAN DIEG.0 COUNTY LIFOFtt MY , ]AN 16, 1979 t • ci . TITLE U'JSURANCE AND TRUST -IMPORTANT-WHEN REPLYING REFER TO OUR ORDER NUMBER: 963234 REFERE N C E: C AAjRAc -ESTATE S NORTH LA COSTA LAND COMPANY COSTA DEL MAR ROAD CARLSBAD, CALIFORNIA ATTENTION; BURTON KRAMER FINAL REPORT TITLE OFFICER: BEERS-HARBERT AS OF AT 7:30 A.M., THE TITLE TO THE HEREINAFTER DESCRIBED PROPERTY VESTS AS FOLLOWS: LA COSTA LAND COMPANY, AN ILLINOIS COMPANY SUBJECT TO; 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES FOR THE FISCAL YEAR ' 1974-75 A LIEN NOT YET PAYABLE. 26 AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF I SAN DIEGO GAS & ELECTRIC COMPANY FOR ; TO ERECT, CONSTRUCT, RECONSTRUCT9 REPLACES REPAIR, MAINTAIN AND USE FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND A LINE OR INDEPENDENT LINES OF POLES OR STEEL TOWERS OR POLES, AND WIRES OR CABLES SUSPENDED THEREON AND SUPPORTED THEREBY, INCLUDING WIRES FOR TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES AND ALL OTHER APPLIANCES AND FIXTURES FOR THE USE IN CONNECTION THEREWITH, ALSO INCLUDING GUYS, ANCHORAGE, CROSS-ARMS AND BRACES, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FROM SAID RIGHT OF WAY BY A PRACTICAL ROUTE OR ROUTES, TOGETHER WITH THE RIGHT TO CLEAR AND 963234 PAGE 1 nJ . . KEEP CLEAR SAID RIGHT OF WAY FROM EXPLOSIVE5. BUILDINGS, STRUCTURES, TREES, BRUSH AND INFLAMMABLE MATERIALS FOR THE PROTECTION FROM FIRE AND OTHER HAZARDS RECORDED I APRIL 22. 1954 IN BOOK 5212. PAGE 492 OF OFFICIAL RECORDS, RECORDER'S FILE NO. 52629 AND RECORDED MAY 12, 1954 AS DOCUMENT 62394 AS DOCUMENT NO. 5235 PAGE 130 OF OFFICIAL RECORDS AFFECTS LOTS 6 AND 67 SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES THE GRANTOR GRANTS TO THE GRANTEE, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO TRIM OR TOP AND TO KEEP TRIMMED OR TOPPED ANY AND ALL TREES ON THE LANDS OF THE GRANTOR ADJACENT TO SAID RIGHT OF WAY STRIP FOR A DISTANCE OF 20 FEET FROM THE EXTERIOR LINES OF THE RIGHT OF WAY STRIP, TO SUCH HEIGHTS AS IN THE JUDGMENT OF THE GRANTEE, IT SUCCESSORS OR ASSIGNS, SHALL BE REASONABLY NECESSARY FOR THE PROPER CONSTRUCTION, OPERATION AND MAINTENANCE OF SAID ELECTRIC TRANSMISSION.LINE OR. LINES, BUT AT NO POINT OUTSIDE THE RIGHT OF WAY STRIP TO A HEIGHT OF LESS THAN 30 FEET. AFFECTS NOPLTHERL1 20 FEET OF LOTS 4, 5, 7 AND LOTS 68 THROUGH 77 INCLUSIVE 3, AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF ' SAN DIEGO GAS & ELECTRIC COMPANY FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND FOR TELEPHONE PURPOS---Sq TOGETHER WITH THE RIGHT OF ACCESS TO THE RIGHT OF WAY OVER THE LANDS OF THE GRANTOR AND INCLUDING THE RIGHT TO CLEAR AND KEEP CLEAR SAID RIGHT OF WAY FROM EXPLOSIVES. BUILDINGS. STRUCTURES, TREES. BRUSH AND INFLAMMABLE MATERIAL FOR THE PROTECTION FROM FIRE AND OTHER HAZARDS RECORDED MAY 12. 195' IN BOOK 5235, PAGE 133 OF OFFICIAL RECORDS, RECORDER'S FILE NO. 62395 AND RCORDED APRIL 16. 1954 AS DOCUMENT NO, 49841 IN .00K 5207' PAGE 161 OF OFFICIAL RECORDS AFFECTS LOTS 26, 27 AND 98 963234 PAGE 2 . I SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES THE GRANTOR GRANTS TO THE GRANTEEt ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO TRIM OR TOP AND TO KEEP TRIMMED OR TOPPED ANY AND ALL TREES ON THE LANDS OF THE GRANTOR ADJACENT TO SAID RIGHT OF WAY STRIP FOR A DISTANCE OF 20 FEET FROM THE EXTERIOR LINES OF THE RIGHT OF WAY STRIP, TO SUCH HEIGHTS AS IN THE JUDGMENT OF THE GRANTEE, IT SUCCESSORS OR ASSIGNS, SHALL BE REASONABLY NECESSARY FOR THE PROPER CONSTRUCTION, OPERATION AND MAINTENANCE OF SAID ELECTRIC TRANSMISSION LINE OR LINES, BUT AT NO POINT OUTSIDE THE RIGHT OF WAY STRIP TO A HEIGHT OF LESS THAN 30 FEET. AFFECTS LOTS 18#19t 28 THROUGH 33 INCLUSIVE 91v 92s 95 AND 97 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 4. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED JANUARY It 1968 AMOUNT $18,839086.55 TRUSTOR s LA COSTA LAND COMPANY, AN ILLINOIS CORPORATION TRUSTEE $ TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION BENEFICIARY THE TRUSTEES OF CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND RECORDED $ APRIL 10, 1968 RECORDER'S FILE NO. 60084 NOTE: SAID DEED OF TRUST AFFECTS HEREIN DESCRIBED PROPERTY WITH OTHER PROPERTY NOTE: SAID DEED OF TRUST CONTAINS A PARTIAL RELEASE CLAUSE THE TERMS OF THE PROMISSORY NOTE WHICH IS SECURED BY SAID DEED OF TRUST PURPORTEDLY WERE MODIFIED BY AN INSTRUMENT DATED ; JANUARY It 1970 RECORDED : OCTOBER 13. 1970 RECORDER'S FILE N09 186419 963234 PAGE 3 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED MARCH 199 1971 EXECUTED BY $ TITLE INSURANCE AND TRUST COMPANY, ET AL RECORDED .1 JUNE 7, 1971 RECORDER'S FILE NO. 118185 SUBORDINATED TO a EASEMENT RECORDED JUNE 7, 1971 RECORDER'S FILE NO. 118184 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED a MARCH 22s 1973 EXECUTED BY a TITLE INSURANCE AND TRUST COMPANY, El AL RECORDED 1 APRIL 16, 1973 RECORDER'S FILE NO. 73098579 SUBORDINATED TO EASEMENT RECORDED JANUARY 22, 1973 RECORDER'S FILE NO. 73-019147 THE TERMS OF THE PROMISSORY NOTE WHICH IS SECURED BY'SA -ID DEED OF TRUST PURPORTEDLY WERE MODIFIED BY AN INSTRUMENT DATED a MARCH lt 1972 RECORDED a MAY 23, 1972 RECORDER'S FILE NO. 129838 5. AN EASEMENT PURPOSES STATED IN FAVOR OF i FOR RECORDED I '-7 - LOT AS SHOWN AFFECTING THE PORTION OF SAID LAND AND FOR THE HEREIN, AND INCIDENTAL PURPOSES SAN DIEGO GAS & ELECTRIC COMPANYs A CORPORATION ROAD, INGRESS AND EGRESS AND PUBLIC UTILITY PURPOSES SEPTEMBER 11, 1968 RECORDER'S FILE NO, 156163 ON THE MAP OF SAID LAND 6. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED JUNE 239 1970 AMOUNT $ 79000,0QO.00 TRUSTOR $ LA COSTA LAND COMPANYP AN ILLINOIS CORPOATI3 TRUSTEE a TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION BENEFICIARY a THE TRUSTEES OF CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND RECORDED a JUNE 25, 1970 RECORDER'S FILE NO, 11103' 963234 PAGE 4 . . NOTE' SAID DEED OF TRUST AFFECTS HEREIN DESCRIBED PROPERTY WITH OTHER PROPERTY NOTE' SAID DEED OF TRUST CONTAINS A PARTIAL RELEASE CLAUSE. THE TERMS OF THE PROMISSORY NOTE WHICH IS SECURED BY SAID DEED OF TRUST PURPORTEDLY WERE MODIFIED BY AN INSTRUMENT DATED * SEPTEMBER 24, 1970 RECORDED OCTOBER 13t 1970 RECORDER'S FILE NO, 185595 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPHP BY THE PROVISIONS OF AN INSTRUMENT DATED I MARCH 19, 1973 EXECUTED BY z TITLE INSURANCE AND TRUST COMPANY, ET AL RECORDED t JUNE 71 1971 RECORDER'S FILE NO, 118185 SUBORDINATED TO $ EASEMENT RECORDED JUNE 7, 1971 RECORDER'S FILE NO. 118184 NOTE , A SUPPLEMENT TO DEED OF TRUST WAS RECORDED NOVEMBER 18t 1971 AS FILE/PAGE NO. 269731. SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED DECEMBER 21t 1972 EXECUTED BY $ TITLE INSURANCE AND TRUST COMPANY, El AL RECORDED * APRIL 16, 1973 RECORDER'S FILE NO. 73-098580 SUBORDINATED TO * EASEMENT RECORDED JANUARY 22o 1973 RECORDER'S FILE NO, 73-019147 7. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF ' CARLSBAD MUNICIPAL WATER DISTRICT FOR ' A PIPELINE OR PIPELINES RECORDED JANUARY 22, 1973 RECORDER 1 S FILE NO, 73-019147 AFFECTS LOT 67 AS SHOWN ON THE MAP OF SAID LAND 963234 PAGE . . 8. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES. SHOWN OR DEDICATED BY THE MAP OF TRACT 7992 FOR SEVER AFFECTS 5V 6I 17 181 191 201 21 2729 30 31 'c 36 37 481 49 50 78'; 79 — 80'; Lfr 821 831 841 851 86 881 891 911: 92 95 AND 97' 9. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREINt AND INCIDENTAL PURPOSES. SHOWN OR DEDICATED BY THE MAP OF TRACT 7992 FOR I PUBLIC UTILITY AND TREE PLANTING AFFECTS * LOTS I THROUGH 98 INCLUSIVE 10. PROVI$IONSt HEREIN RECITEDt OF THE DEDICATION STATEMENT ON THE MAP OF THE TRACT SHOWN BELOW TRACT 7992 WE HEREBY GRANT TO THE CITY OF CARLSBAD AN EASEMENT OVER UPON, ACROSS AND UNDER ALL OF LOTS 61 261 27V 67AND 98AND PORTIONS OF LOTS 50"t'5 rt 521 531 771 78 79 831 87' 88—AND $9 —DESIGNATED "P9RTIONS OF LOTS Of 51, 52' 53o 77'; 78 --f 79'1-83'; 87"9'8d-AND 89 DDICTED AS 'JFEI'T SPSC IiEflEN'. EXCEPTING THEREFROM THE DRAIAE EASEMENTS DEDICATED HEREON TO THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT AND SHOWN WITHIN LOTS 27' 53. 87 AND 88 ON SAID MAP. EXCEPTINd THEREFROM THE SEWER EASEMENTS DEDICATED HEREON AND SHOWN WITHIN LOTS 6 AND 50 ON SAID MAP. AND EXCEPTING THEREFROM THE WATER EASEMENT DEDICATED TO THE CARLSBAD MUNICIPAL WATER DISTRICT AND SHOWN WITHIN LOT 67 ON SAID MAP, HREINAFTER REFERRED TO AS THE SUBJECT LAND-. TO-WITS -1- A PERPETUAL EASEMENT FOR OPEN SPACE OVER, UPON, ACROSS AND UNDER THE SUBJECT LAND AND NO BUILDING. STRUCTURE OR OTHER THING WHATSOEVER SHALL BE CONSTRUCTED, ERECTED' PLACED OR AINTAINED ON THE SUBJECT LAND EXCEPT AS MAY BE PERMITTED bY A SPECIAL USE PERMIT ISSUED PURSUANT TO THE ZONING oRDiNANc OF THE cITY OF CARLSBAD. -2- THE PERPETUAL RIGHT, BUT :DT THE OBLIGATIONS TO ENTER UPON THE SUBJECT LAND AND REMOVE ANY BUILDINGS, STRUCTURES OR CTHLR THINGS WHATSOEVER CONSTIWOTED, ERECTED, PLACED OR MAINTAII\ED ON THE SUBJECT LAND CONTRARY TO ANY TERM, COVENANT OR CONDITIO OF THIS EASEMENT AND TO DO ANY WORK NECESSARY TO ELIMINATL THE EFFECTS OF ANY EXCAVATION OR GRADING OR PLACEMENT OF SAND, 963234 PAGE 6 SOIL, ROCK OR GRAVEL OR ANY OTHER MATERIAL DONE OR PLACED ON THE SUBJECT LAND CONTRARY TO ANY TERM, COVENANT OR CONDITION OF THIS EASEMENT. GRANTOR COVENANTS AND AGREES FOR ITSELF AND ITS SUCCESSORS AND ASSIGNS AS FOLLOWS* A. THAT IT SHALL NOT ERECT, CONSTRUCT, PLACE OR MAINTAIN, OR PERMIT THE ERECTION, CONSTRUCTION, PLACEMENT OR MAINTENANCE OF ANY BUILDING OR STRUCTURE OR OTHER THING WHATSOEVER ON THE SUBJECT LAND OTHER THAN SUCH BUILDINGSt STRUCTURES AND OTHER THINGS AS MAY BE PERMITTED BY A SPECIAL USE PERMIT ISSUED PURSUANT 10 THE ZONING ORDINANCE OF THE CITY OF CARLSBAD. Be THAT IT SHALL NOT USE THE SUBJECT LAND FOR ANY PURPOSE EXCEPT AS OPEN SPACE AND FOR PARK AND/OR RECREATIONAL PURPOSES, WITHOUT THE WRITTEN AUTHORIZATION OF THE CITY OF CARLSBAP OR ITS SUCCESSORS OR ASSIGNS, Co THAT IT SHALL NOT EXCAVATE OR GRADE OR PERMIT ANY EXCAVATING OR GRADING 10 BE DONE, OR PLACE OR ALLOW TO BE PLACED ANY SAND, SOILS ROCK, GRAVEL OR OTHER MATERIAL WHATSOEVER ON THE SUBJECT LAND WITHOUT THE WRITTEN PERMISSION OF THE CITY OF CARLSBAD OR ITS SUCCESSORS OR ASSIGNS , PROVIDED, HOWEVER, THAT GRANTOR MAY EXCAVATE, GRADE OR PLACE SAND, SOIL* ROCK OR GRAVEL OR OTHER MATERIAL ON THE SUBJECT LAND AS MAY BE PERMITTED BY A SPECIAL USE PERMIT ISSUED PURSUANT TO THE ZONING ORDINANCE OF THE CITY OF CARLSBAD. D. THAT THE TERMSt COVENANTS AND CONDITIONS SET FORTH HEREIN MAY BE SPECIFICALLY ENFORCE) OR ENJOINED BY PROCEEDINGS IN THE SUPERIOR COURT OF THESTATE OF CALIFORNIA. THE GRANT OF THIS EASEMENT AND ITS ACCEPTANCE BY THE CITY OF CARLSBAD SHALL NOT AUTHORIZE THE PUBLIC OR ANY MEMBERS THEREOF TO USE OR ENTER UPON ALL OR ANY PORTION OF THE SUBJECT LANDS IT BEING UNDERSTOOD THAT THE PURPOSE OF THIS EASEMENT IS SOLELY TO RESTRICT THE USES TO WHICH THE SUBJECT LAND MAY BE PUT THIS EASEMENT SHALL BIND THE GRANTOR AND ITS $UCESSORS AND ASSIGNS. 963234 PAGE 7 11. A DEDICATION TO THE SAN DIEGO FLOOD CONTROL DISTRICT AND ACCEPTANCE THEREBY OF DRAINAGE EASEMENTS, ALL AS SHOWN ON THE MAP OF SAID LAND - V AFFECTS: LOTS !;,3,,17, 1819 20, 21, 22, 27, 32, 34, 36. 53, 55AND 66 -'- 963234 PAGE 8 DESCRIPTION 2 LOTS 1 THROUGH 98 INCLUSIVE OF CARLSBAD TRACT NO. 73-10 —LA COSTA ESTATES NORTH— IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7992 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 31, 1974, EXCEPTING THEREFROM'l/loTH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS CONTAINED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 4 WEST, AS RESERVED BY THE STATE OF CALIFORNIA IN PATENT RECORDED APRIL 22* 1954 IN BOOK 5212* PAGE 490 OF OFFICIAL RECORDS* THE RIGHT TO THE USE OF THE SURFACE, INCLUDING ITS RIGHT TO ENTER SUCH LANDS TO A DEPTH OF 500 FEET BELOW THE SURFACE WAS RELEASED AND WAS QUITCLAIMED BY THE STATE OF CALIFORNIA TO LA COSTA LAND COMPANY BY A QUITCLAIM RECORDED JUNE 30* 1971 AS FILE/PAGE 141047 ALSO EXCEPTING ONE—HALF INTEREST IN OIL AND MINERAL RIGHTS, FOR A PERIOD OF 20 YEARS FROM DATE OF RECOMENDATION TO BE CONTINUED IF OIL OR MINERALS SHALL BE DEVELOPED WITHIN FIVE MILES OF THE PROPERTY, OTHERWISE TO REVERT TO THE LAND. RIGHTS OF EXPLORATION SHALL NOT BE INCLUDED. HOWEVER, SLANT DRILLING MAY BE MADE FROM AN ADJOINING PROPERTY, PROVIDED THAT THIS DRILLING BE AT LEAST 100 FEET IN DEPTH MEASURED ANYWHERE ON THE ABOVE DEfSCRIBED* IN LOTS 3 AND 4 —WEST HALF OF THE SOUTHWEST QUARTER— SECTION 30, TOWNSHIP 12 SOUTH, RANGE 3 WEST AND THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 4 WEST* SAN BERNARDINO MERIDIAt\, ACCORDING TO UNITED STATES GOVERNMENT SURVEY AS RESERVED BY GERMAINE Me GRAEFo HORACE L. GRAEF AND ROBERT We GRAEF IN DEED RECORDED JUNE 27* 1960 UNDER RECORDER 2 S FILE NO, 129955 , 963234 PAGE 9 TITL INSURANCE AND TRUST COMPANY BYJ/tLk RON HARBERT MAP TITLE DEPARTMENT 963234 PACE 10 DEPARTMENT OF REAL ESTATE OF THE STATE OF CALIFORNIA (213) 620 -2700 In the matter of the application of SAVE-MOST DEVELOPMENT, INC., A California Corporation, 250 Newport Center Drive, M-200 Newport Beach, California 92660 for a Final Subdivision Public Report on CARLSBAD TRACT 754, MAP 8302 itJf COSTA CUSTÔWATES" FINAL SUBDIVISION PUBLIC REPORT FILE NO. 35941 ISSUED DECEMBER 9, 1974 SECOND AMIMEIT FEBRUARY 10, 1978 EXPIRES DECEMBER 8, 1979 This Report Is Not a Recommendation or Endorsement of the Subdivision But Is Informative Only. Buyer or Lessee Must Sign That He Has Received and Read This Report. This Report Expires on Date Shown Above. If There Has Been a Material Change in the Offering, an Amended Public Report Must Be Obtained and Used in Lieu of This Report. Section 35700 of the California Health and Safety Code provides that the practice of discrimination because of race, color, religion, sex, marital status, national origin or ancestry in housing accommodations is against public policy. Under Section 125.6 of the California Business and Professions Code, California real estate licensees are subject to disciplinary action by the Real Estate Commissioner if they make any discrimination, distinction or restriction in negotiating a sale or lease of real property because of the race, color, sex, religion, ancestry or national origin of the prospective buyer. If any prospective buyer or lessee believes that a licensee is guilty of such conduct, he or she should contact the Department of Real Estate. Information Regarding Schools can be found on Page 6 of this Report. READ THE ENTIRE REPORT on the following pages before contracting to purchase a lot in this SUBDIVISION. Page 1 of 9 Pages R/E Form 618 10/76 I . SPECIAL NOTE THIS TRACT WAS RESUBDIVIDED FROM ORIGINAL MAP NO. 7992, CARLSBAD TRACT 73-10. LOTS COVERED BY REPORT Lots 54, lO)#, 105, 106, 107 and 108 recorded in San Diego County, California. LOCATION AND SIZE In the City of Carlsbad. Approximately 31 miles from San Diego over paved roads. The population of these cities is approximately 19,391 and 773,400, respectively. Approximately 136.07 acres divided into 114 lots or parcels. Lots average 1.2 acres each. The developer owns an additional 3 1 836 acres of land continguous to this offering, some of which may also be subdivided. METHOD OF SALE - INTEREST TO BE CONVEYED The developer states he will make no offer to lease lots. CONDITIONS OF SALE: If your purchase involves financing, a form of deed of trust and note will be used. These documents contain the following provisions: An Acceleration Clause. This means that if you sell the property, default in your payment, or lease the oil, gas and mineral rights, the lender may declare the entire unpaid loan balance immediately due and payable. A "Balloon Payment". This means that your monthly payments are not large enough to pay off the loan with interest during the period for which the loan is written, and that at the end of this period, you must pay the entire remaining balance in one payment. If the remaining balance is a sizeable one, you may be concerned with the possibiae difficulty in refinancing the balance. A Prepayment Penalty. This means that if you wish to pay off your loan in part before it is due, you must in addition pay a penalty. A Late Charge. This means that if you fail to make your installment payment on or before. the due date, you must in addition pay a penalty. Purchaser will receive a Grant Deed which will be recorded by the escrow agent. Buyer pays $200 closing costs. Seller pays all other costs. Contracts of Sale will not be used. Leases will not be used. If a purchaser makes full cash payment, he will be required to execute sales agreement and escrow instructions. Page 2 of 9 Pages . File No. 35941 (Second Amendment) S PURCHASE MONEY HANDLING The subdivider must impound all funds received from you in an escrow depository located at Foremost Escrow, Inc., 2232 S.E. Bristol, Santa Ana, California 92707, until legal title is delivered to you. (Refer to Sections 11013 and 11013.2(a) of the Business and Professions Code.) There is a blanket encumbrance on the property and the beneficiary is Central States, Southeast, Southwest Areas Pension Fund. This is in the form of a note and deed of trust. The encumbrance contains release provisions to enable your lot to be delivered free and clear of the lien upon payment of a release price by the developer. At the time of sale, the property will be conveyed free and clear of all mortgages or liens except the purchaser's obligation to complete the purchase price in conformance with Sections 11013 and 11013.2(a) of the Business and Professions Code. TAXES AND ASSESSMENTS You will be liable to San Diego County for property taxes prorated according to when you became the owner of the property. To approximate your taxes: TAKE 25% OF THE SALES PRICE, DIVIDE BY 100, AND TEEN MULTIPLY BY THE TOTAL TAX BATE S THE TAX RATE FOR THE 1977-78 FISCAL YEAR IS $9.1493. THE TAX RATE AND ASSESSED VALUATION MAY CHANGE IN SUBSEQUENT YEARS. FOR EXAMPLE, ANY BONDED DEBT OR SPECIAL DISTRICT ASSESSMENT APPROVED AFTER THE ABOVE TAX BATE HAD BEEN SET COULD INCREASE THE FUTURE RATE. The lots are not subject to assessment. RESTRICTIONS -- This subdivision is subject to restrictions recorded in the Office of the San Diego County Recorder, Book 1976, Page 152036, which include, among other provisions, the following: Prior to any construction, you must obtain approval of your plans by the architectural control committee. This committee is appointed by the subdivider. The applicant shall pay a filing fee of $50 for each plan submitted for each single- family building. Building Restrictions: Minimum lot size: None. Height limit: 35 feet. Minimum floor space: 2,400 square feet for single story. Roofs shall be of tile, shingles, shakes or other matter of a color and type approved by the Architectural Committee; rock roofs shall not be allowed. Minimum building cost: None. Garage limit: None - 2 cars minimum. Page 3 of 9 Pages File No. 359141 (Second Amendment) If you fail to keep your lot in good order, the developer may clear it at its own expense. If the developer or the architectural control committee or one of your neighbors sues you for any violation of the restrictions by you, you may have to pay their attorney's fees and expenses. You must fence your service yard. You may not put up any outside television antenna or radio antenna. You may not park any boat or trailer or truck on your lot or in the street. Declarant has caused to be paid fees and has dedicated real property to provide for park and recreational facilities, as well as for public elementary school facilities. To provide for reimbursement of said fees and the value of real properties dedicated, the applicant submiting building plans to the Committee shall cause to be paid to the Declarant the sum of $350.00 for each dwelling unit constructed on each lot, $200.00 of which is allocated to elementary school facilities. Such reimbursement shall be payable only upon final approval of the building plans by the Architectural Committee. Declarant reserves the right to impose a lien upon each lot to enforce collection of the reimbursement. FOR INFORMATION AS TO YOUR OBLIGATIONS AND RIGHTS, YOU SHOULD REM) THE RESTRICTIONS. THE SUBDIVIDER SHOULD MAKE THEM AVAILABLE TO YOU. EASEMENTS - - Perpetual easements are reserved for utilities, drainage, flood control, rights of way, building setbacks, sewers, and other purposes, and are shown on the title report and subdivision map recorded in the Office of the San Diego County Recorder, Book 1976, Map No. 8302. These easements include the right of ingress and egress over the easements for the purpose of installing, operating and maintaining utilities, drainage ditches and the right to trim or remove any trees or shrubs as necessary for these purposes.. MINERAL RIGHTS -- You will not own the mineral, oil and gas rights under your land. These have been reserved as follows: The right to surface entry has been waived. USES AND ZONING -- Limited to single-family aetached. dwellings. HAZARDS OR NUISANCES There are no known hazards, nuisances or geologic conditions. Insurance against possible earthquake damage is available at annual rate of $.20 per $100.00. Fire insurance is available at an annual estimated cost of $.23 per $100.00. Page L. of 9 Pages File No. 3591 (Second Amendment) . . RECREATIONAL FACILITIES - PRIVATELY OWNED AND OPERATED The developer owns nearby recreational facilities which are available only upon application for membership and acceptance by the Membership Committee of La Costa Country Club. Present initiation fees range from $750.00 to $2,000.00; dues are $75.00 per month. STREETS AND ROADS -- As of the date of this report, streets have not been completed. The subdivider has posted a bond with the city to ensure completion to city standards. The subdivider has one year to complete. The time limit may be extended by the city. The subdivider states that he intends to complete the roads by November 30, 1976. The present conditions of the main access road to the subdivision is good. This road is Alga Road, City of Carlsbad, and is a two-lane road, 84 feet wide and maintained by the City of Carlsbad. The final mile of the route to the subdivision consists of a two-lane, paved road, 84 feet wide. The roads are presently 100% complete. WATER - - The Carlsbad Municipal Water District advises that it has an adequate supply and will supply water service to each lot in the project. Lot owners must hook-up to the central system, and you will be required to pay costs for hook-up of water service; there is a meter charge of $75.00. The cost to extend service from the lot line to the dwelling is estimated at $5.00 per foot. The monthly rate for water service if $3.50 plus 330 per 1,000 Cu. ft. The developer has posted a bond to complete the system by May 5, 1977 (installed August 1, 1976). SEWAGE FACILITIES -- The subdivider will install sewer service to the edge of all lots. The system is adequate to serve the entire project. The system will be connected to the county sewer system and, construction is to be completed by August 30, 1976. A bond has been posted to assure completion. There is a connection charge of $500.00; estimated cost of installation is $3.00 per foot; the monthly cost for service is $3.00. UTILITIES ELECTRICITY,— The subdivider has entered into a contract and made financial arrangements with San Diego Gas & Electric Co. to install electric lines to each lot numbered 1 through 108. To obtain service, you must pay hook-up and meter installation charges. Costs to extend service from the lot line are estimated at $2.00 per foot. Page 5 of 9 Pages File No. 35941 (Second Amendment) . . GAS - - Natural gas supplied by San Diego Gas & Electric Co. The purchasers must pay install- ation costs. Such costs may be as much as $300.00 depending upon the location of your lot. Costs to extend service from the lot line to the dwelling are included. TELEPHONE -- Telephone service is available from Pacific Telephone Company, which has installed a main line into the subdivision, and will extend service to your lot from the lot line at a cost of $2.00 per foot. TELEVISION -- The quality of TV reception is good. Cable service is presently available. Installation is $13.50 plus $.75 per foot when installed in telephone company trench. Activation cost is $15.00 and monthly charge is $6.75. CC&R's prohibit external antenna. CC'44UNITY SERVICES GARBAGE AND TRASH COLLECTION ,— Service is available from McDougal Sanitation Co. and is provided at cost of $4.50 per month for a once-per-week pickup. SCHOOLS -- The Rich-Mar Union School District and Escondido Union High School District have furnished information of the nearest schools, distances to the most remote lot, vai1ability of school bus transportation, and bus charges, as indicated: Schools Alvin Dunn Elementary 300 Rancho Santa Fe Road San Marcos San Marcos Junior High 650 Mission Road San Marcos Distance - Miles 9.0 miles 11.0 miles NOTE: Bus transportation will be provided to the above schools at no charge, upon approved completion of Alga Road San Marcos High 7.0 miles 1615 San Marcos Boulevard San Marcos All high schools in this district are operating at or over capacity enrollment. On May 27, 1965, a tax override election failed for lack of a majority vote. At the present time no definite plan is under consideration for financing additional school facilities. There is no bus service at the present time. Information supplied here- with is for the 1975-76 school year only. Page 6 of 9 Pages File No. 359111 (Second Amendment) . . This school information was provided by the school districts prior to issuance of the public report. Purchasers may contact the local school district offices for any changes in school assignments, facilities and bus service. MEDICAL AND DENTAL - - Private physician and dentists, a clinic, and hospital care are available in Carlsbad, 11 miles from the subdivision. Major hospital facilities and medical specialists are in Encinitas, 7 miles from the subdivision. POSTAL SERVICE -- City delivery is to each lot. FIRE PROTECTION -- Carlsbad City Fire Department, 2-1/4 miles, at El Camino Real and Arnal Road. PUBLIC TRANSPORTATION -- Regularly scheduled bus service is available 2-1/4 miles from the subdivision at El Camino Real. POLICE PROTECTION'-- Police protection is available through the Carlsbad Police Department. The nearest station is 9 miles from the subdivision. SHOPPING FACILITIES Available in Carlsbad, population 19,391. Other shopping in Encinitas, 5 miles from subdivision. SUBSURFACE CONDITIONS, CONSTRUCTION, DRAINAGE GEOLOGIC CONDITIONS -- THE UNIFORM BUILDING CODE, CHAPTER 70, PROVIDES FOR LOCAL BUILDING OFFICIALS TO EXERCISE PREVENTIVE MEASURES DURING GRADING TO ELIMINATE OR MINIMIZE DAMAGE FROM GEOLOGIC HAZARDS SUCH AS LANDSLIDES, FAULT MOVEMENTS, EARTHQUAKE SHAKING, RAPID EROSION OR SUBSIDENCE • THIS SUBDIVISION IS LOCATED IN AN AREA WHERE SOME OF THESE HAZARDS MAY EXIST • SOME CALIFORNIA COUNTIES AND CITIES HAVE ADOPTED ORDINANCES THAT MAY OR MAY NOT BE AS EFFECTIVE IN THE CONTROL OF GRADING AND SITE PREPARATION. PURCHASERS SHOULD DISCUSS WITH THE DEVELOPER, THE DEVELOPER'S ENGINEER, THE ENGINEERING GEOLOGIST, AND THE LOCAL BUILDING OFFICIALS TO DETERMINE IF THE ABOVE-MENTIONED HAZARDS HAVE BEEN CONSIDERED AND IF THERE HAS BEEN ADEQUATE COMPLIANCE WITH CHAPTER 70 OR AN EQUIVALENT OR MORE STRINGENT GRADING ORDINANCE DURING THE CONSTRUCTION OF THIS SUBDIVISION, FILLED GROUND -- Some lots contain filled ground varying to a maximum depth of 19.0 feet. These soils are to be properly compacted for the intended use under the supervision of a state licensed engineer. Page 7 of 9 Pages File No. 35941 (Second Amendment) . S SOIL CONDITIONS An engineering report has been filed which indicates some lots may have expansive soils within the upper 3 feet below grade; these lots containing fill may require special design of footings and slabs. It is estimated that the extra cost involved in constructing a single story 3,500 sq. ft. house would be $3,000 to $3,500 and a two story house of 2500, sq. ft. would be $2,000 to $2,500. FLOOD AND DRAINAGE -- There are no flood or drainage problems. ELEVATION - CLIMATE.- PHYSICAL CHARACTERISTICS The elevation of the highest lot is 420 feet above sea level; the lowest lot, 140. The topography is hilly with no wooded areas. Soil conditions consist of predominately Black Mountain volcanic materials, of gravelly clayey silt topsoil overlying the volcanic rock. The average rainfall is 10. inches. The average snowfall is 0 inches. There is a program to control soil erosion, consisting of regulations enforced by the city. All graded slopes must be planted with erosion control plants; all grading and planting is inspected by the Building Department of the City of Carlsbad. Temperature Ranges: High Low Mean Summer 108 0 490 Annual mean is 630 Winter 870 210 PHYSICAL ACCESS -- Roads are under construction and all lots are physically accessible with no exceptions. PLATTING, VIOLATIONS, LITIGATION, FINANCIAL INFORMATION The city has approved the engineer's plan for the subdivision and the subdivision map has been filed for record.. Each lot has been staked for identification purposes. VIOLATIONS The Department of Housing and Urban Development, Office of Interstate Land Sales Registration, issued a letter April 22, 1975, requiring that purchasers, prior to that time, be given rescission rights for the violation consisting of failure to file with the said office in connection with another subdivision owned by this subdivider. LITIGATION -- The subdivider is currently litigating a suit involving it, none of which, individually or in the aggregate, will have a material effect upon the developer or the subdivision. Page 8 of 9 Pages File No. 359141 (Second Amendment) .'.' . . FINANCIAL INFORMATION -- The developer states the net loss for company for fiscal year ending 1975 was ($2,375,000 est.) The net deficit of the company for same fiscal year was (1+,850,000 est.) - SPECIAL RISK FACTORS a. The future value of land is very uncertain; do not count on appreciation. b. The subdivider is obligated to complete all subdivision improvements included in the offering and has made financial arrangements for such completion. It is possible, of course, that the developer will fail to complete the promised improvements. If such a situation occurs, then litigation by local authorities, the homeowners' association, or lot owners, may be necessary to enforce the completion through exercise of the financial provisions previously made. c. You should consider the competition which you may experience from the developer in attempting to resell your lot and the possibility that real estate brokers may not be interested in listing your lot. d. Changing land development and land use regulations by government agencies may affect your ability to sell the land. For further information in regard to this subdivision, you may call (213) 620-2700, or examine the documents at the Department of Real Estate, 107 South Broadway, Los Angeles, California 90012. MGJ:eh Page 9 of 9 Pages File No. 3591+1 (SecondAmendment) I OILSR 0-0109-04-18(I) WPARTMENT OF REAL ESTATj OF THE STATE OF CALIFORNIA TELEPHONE NO. (213) 620-2700 - 7-71 In the matter of the application of FIAI1 rT4IVISION LA COSTA LAND COMPANY, J1t 1BLIC REPORT an Illinois company, Costa Del Mar Road Carlsbad, California DepartMent for a final subdivision public report on ISSUEDann10EMBER 9, 1974 CARLSBAD TRACT 75-4 AMENDED: SEPTEMBER 23, 1976 LA COSTA ESTATES NORTH EXPIRES: DECEMBER 8, 1979 SAN DIEM& COUNTY, CALIFORNIA L4t (.TThiRet?Is Not a Recommendation or Endorsement of the Subdivision But Is Informative Only. 'iyer.;essee Must Sign That He Has Received and Read This Report. This Report Expires on Date Shown Above. If There Has Been a Material Change in the Offering, an Amended Public Report Must Be Obtained and Used in Lieu of This Report. SPECIAL NOTES INFORMATION REGARDING SCHOOLS CAN BE FOUND ON PAGE SIX OF THIS REPORT. NOTE: THIS TRACT WAS RESUBDIVIDED FROM ORIGINAL MAP NO. - 7992, CARLSBAD TRACT 73-10. LOTS COVERED BY REPORT Lots 1 through 108 recorded in San Diego County, California. LOCATION AND SIZE In the City of Carlsbad. Approximately 31 miles from San Diego over paved roads. The population of these cities is approximately 19,391 and 773,400, respectively. Approximately 136.07 acres divided into 114 lots or parcels. Lots average 1.2 acres each. The developer owns an additional 3,836 acres of land contiguous to this offering, some of which may also be subdivided. METHOD OF SALE - INTEREST TO BE CONVEYED The developer states he will make no offer to lease lots. -1- RIE FORM 618 30090.805 tZlO ZOM (ij 0 osp 01; 0-0109-04-18(I) The developer will not be negotiating, arranging, or helping purchasers obtain loans. Purchaser will receive a Grant Deed which will be recorded by the escrow agent. Buyer pays $200 closing costs. Seller pays all other costs. Contracts of Sale will not be used. Leases will not be used. If a purchaser makes full cash payment, he will be required to execute sales agreement and escrow instructions. PURCHASE MONEY HANDLING The subdivider must impound 411 funds received from you in an escrow depository located at Title Insurance and Trust Company, 220 "A" Street, San Diego, California 92112, until legal title is delivered to you. (Refer to Sections 11013, 11013.2(a), Business and Professions Code.) There is a blanket encumbrance on the property and the beneficiary is Central States, Southeast, Southwest Areas Pension Fund. This is in the form of a note and deed of trust. The encumbrance contains release provisions to enable your lot to be delivered free and clear of the lien upon payment of a release price by the developer. At the time of sale, the property will be conveyed free and clear of all mortgages or liens except the purchasers obligation to complete the purchase price, in conformance with Sections 11013 and 11013.2(a), Business and Professions Code. TAXES AND ASSESSMENTS You will be liable to San Diego County for property taxes prorated accord- ing to when you became the owner of the property. To approximate your taxes: TAKE 25% OF THE SALES PRICE, DIVIDE BY 100, AND THEN MULTIPLY BY THE TOTAL TAX RATE. THE TAX RATE FOR THE 1975-76 FISCAL YEAR IS $11.39. THE TAX RATE AND ASSESSED VALUATION MAY CHANGE IN SUBSEQUENT YEARS • FOR EXAMPLE, ANY BONDED DEBT OR SPECIAL DISTRICT ASSESSMENT APPROVED AFTER THE ABOVE TAX RATE HAD BEEN SET COULD INCREASE THE FUTURE RATE. The lots are not subject to assessments. TITLE AND PERMISSIBLE USE OF THE PROPERTY Title is vested in La Costa Land Company, an Illinois company. RESTRICTIONS -- This subdivision is subject to restrictions recorded in the Office of the San Diego County Recorder, Book 1976, Page 152036, which include, among other provisions, the following: Prior to any construction, you must obtain approval of your plans by the architectural control committee. -2- of 9 pages FILE NO. 35941 (Amended) OIl( I 0-0109-04-18(I) This committee is appointed by the subdivider. The applicant shall pay a filing fee of $50 for each plan submitted for each single-family building. Building Restrictions: Minimum lot size: None. Height limit: 35 feet. Minimum floor space: 2,400 square feet for single story. Roofs shall be of tile, shingles, shakes or other matter of a color and type approved by the Architectural Committee; rock roofs shall not be allowed. Minimum building cost: None. Garage limit: None - 2 cars minimum. If you fail to keep your lot in good order, developer may clear it at its own expense. If the developer or the architectural control committee or one of your neighbors sues you for any violation of the restrictions by you, you may have to pay their attorney's fees and expenses. You must fence your service yard. You may not put up any outside television antenna or radio antenna. You may not park any boat or trailer or truck on your lot or in the street. Declarant has caused to be paid fees and has dedicated real property to provide for park and recreational facilities, as well as for public elementary school facilities. To provide for reimbursement of said fees and the value of real properties dedicated, the applicant submit- ting building plans to the Committee shall cause to be paid to the Declarant the sum of $350.00 for each dwelling unit constructed on each lot, $200.00 of which is allocated to elementary school facilities. Such reimbursement shall be payable only upon final approval of the building plans by the Architectural Committee. Declarant reserves the right to impose a lien upon each lot to enforce collection of the reimbursement. FOR INFORMATION AS TO YOUR OBLIGATIONS AND RIGHTS, YOU SHOULD READ THE RESTRICTIONS. THE SUBDIVIDER SHOULD MAKE THEM AVAILABLE TO YOU. EASEMENTS -- Perpetual easements are reserved for utilities, drainage, flood control, rights of way, building setbacks, sewers, and other purposes, and are shown on the title report and subdivision map recorded in the Office of -3- of 9 pages FILE NO. 35941 (Amended) OXL/ 0-0109-04-18(I) the San Diego County Recorder, Book 1976, Map No. 8302. These easements include the right of ingress and egress over the. ease- ments for the purpose of installing, operating and maintaining utilities, drainage ditches and the right to trim or remove any trees or shrubs as necessary for these purposes. MINERAL RIGHTS -- You will not own the mineral, oil and gas rights under your land. These have been reserved as follows: The right to surface entry has been waived. USES AND ZONING -- Limited to single-family detached dwellings. HAZARD OR NUISANCES There are no known hazards, nuisances or geologic conditions. Insurance against possible earthquake damage is available at annual rate of $.20 per $100.00. Fire insurance is available at an annual estimated cost of $.23 per $100.00. RECREATIONAL FACILITIES - PRIVATELY OWNED AND OPERATED The developer owns nearby recreational facilities which are available only upon application for membership and acceptance by the Membership Committee of La Costa Country Club. Present initiation fees range from $750.00 to $2,000.00; dues are $75.00 per month. STREETS AND ROADS -- As of the date of this report, streets have not been completed. The subdivider has posted a bond with the city to ensure completion to city standards. Subdivider has one year to complete. The time limit may be extended by the city. The subdivider states that he intends to complete the roads by November 30, 1976. Al]. streets and roads within the subdivision have been dedicated to the City of Carlsbad and will be maintained by it. The present conditions of the main access road to the subdivision is good. This road is Alga Road, City of Carlsbad, and is a two-lane road, 84 feet wide and maintained by the City of Carlsbad. The final .7 mile of the route to the subdivision consists of a two-lane, paved road, 84 feet wide. The roads are presently 100% complete. -4- of 9 pages FILE NO. 35941 (Amended) ciL oi, 0-0109-04-18(I) WATER -- The Carlsbad Municipal Water District advises that it has an adequate supply and will supply water service to each 1t in the project. Lot owners must hook-up to the central system, and you will be required to pay costs for hook-up of water service; there is a meter charge of $75.00; the costs of hook-up are included in the meter charge. The cost to extend service from the lot line to the dwelling is esti- mated at $5.00 per foot. The monthly rate for water service is $3.50 plus 33 per 1,000 Cu. ft. The developer has posted a bond to complete the system by May 5, 1977. (installed August 1, 1976). SEWAGE FACILITIES -- The subdivider will install sewer service to the edge of all lots. The system is adequate to serve the entire project. The system will be connected to the county sewer system and construction was completed on October 15,1976. A bond has been posted to assure completion. There is a connection charge of $500.00; estimated cost of installation is $3.00 per foot; the monthly cost for service is $3.00. UTILITIES ELECTRICITY -- The subdivider has entered into a contract and made financial arrange--; ments, with San Diego Gas & Electric Co. to install electric lines to each lot numbered 1 through 108. To obtain service, you must pay hook- up and meter installation charges. Costs to extend service from the lot line are estimated at $2.00 per foot. Hook-up and meter installation charges are $1.18 per dwelling. - GAS -- Natural gas supplied by San Diego Gas & Electric Co. The purchasers must pay installation costs. Such costs may be as much as $300.00 depending upon the location of your lot. Costs to extend service from the lot line to the dwelling are included. TELEPHONE -- Telephone service is available from Pacific Telephone Company, which has installed a main line into the subdivision, and will extend service to your lot from the lot line at a cost of $2.00 per foot. TELEVISION -- The quality of TV reception is good. Cable service is presently available -5- of 9 pages FILE NO. 35941 (Amended) OI 00109-0418(I) Installation is $13.50 plus $.75 per Loot when installed in telephone company trench. Activation cost is $15.00 and monthly charge is $6.75 per month. CC&R's prohibit external antenna. COMMUNITY SERVICES GARBAGE AND TRASH COLLECTION -- Service is available from McDougal Sanitation Co. and is provided at a cost of $4.50 per month for a once per week pickup. SCHOOLS -- The Rich-Mar Union School District and Escondido Union High School District have furnished information of the nearest schools, distances to the most remote lot, availability of school bus transportation, and bus charges, as indicated: Schools Distance - Miles Alvin Dunn Elementary 9.0 Miles 300 Rancho Santa Fe Road San Marcos San Marcos Junior High 11.0 Miles 650 Mission Road San Marcos Note: Bus transportation will be provided to the above schools at no charge, upon approved completion of Alga Road. San Marcos High 7.0 Miles 1615 San Marcos Boulevard San Marcos All high schools in this district are operating at or over capacity enrollment. On May 27, 1975, a tax override election failed for lack of a majority vote. At the present time no definite plan is under consideration for financing additional school facilities. There is no bus service at the present time. Information supplied herewith is for the 1975-76 school year only. This school information was provided by the school districts prior to issuance of the public report. Purchasers may contact the local school district offices for any changes in school assignments, facilities and bus service. MEDICAL AND DENTAL -- Private physician and dentists, a clinic, and hospital care are avail- able in Carlsbad, 11 miles from the subdivision. Major hospital facilities and medical specialists are in Encinitas, 7 miles from the subdivision. -6- of 9 pages FILE NO. 35941 (Amended) a oIl 09:04:18(I) POSTAL SERVICE -- City delivery is to each lot. FIRE PROTECTION -- Carlsbad City Fire Department, 2-1/4 miles; at El Camino Real and Arnal Road. PUBLIC TRANSPORTATION -- Regularly scheduled bus service is available 2-1/4 miles from the subdivision at El Camino Real. POLICE PROTECTION -- Police protection is available through the Carlsbad Police Department. The nearest station is 9 miles from the subdivision. SHOPPING FACILITIES Available in Carlsbad, population 19,391. Other shopping in Encinitas, 5 miles from subdivision. SUBSURFACE CONDITIONS, CONSTRUCTION, DRAINAGE GEOLOGIC CONDITIONS -- THE UNIFORM BUILDING CODE, CHAPTER 70, PROVIDES FOR LOCAL BUILDING OFFICIALS TO EXERCISE PREVENTIVE MEASURES DURING GRADING TO ELIMINATE OR MINIMIZE DAMAGE FROM GEOLOGIC HAZARDS SUCH AS LANDSLIDES, FAULT MOVEMENTS, EARTHQUAKE SHAKING, RAPID EROSION OR SUBSIDENCE .THIS SUB- DIVISION IS LOCATED IN AN AREA WHERE SOME OF THESE HAZARDS MAY EXIST. SOME CALIFORNIA COUNTIES AND CITIES HAVE ADOPTED ORDINANCES THAT MAY OR MAY NOT BE AS EFFECTIVE IN THE CONTROL OF GRADING AND SITE PREPARA- TION. PURCHASERS SHOULD DISCUSS WITH THE DEVELOPER, THE DEVELOPER'S ENGINEER, THE ENGINEERING GEOLOGIST, AND THE LOCAL BUILDING OFFICIALS TO DETERMINE IF THE ABOVE-MENTIONED HAZARDS HAVE BEEN CONSIDERED AND IF THERE HAS BEEN ADEQUATE COMPLIANCE WITH CHAPTER 70 OR AN EQUIVALENT OR MORE STRINGENT GRADING ORDINANCE DURING THE CONSTRUCTION OF THIS SUBDIVISION. FILLED GROUND -- Some lots contain filled ground varying to a maximum depth of 19.0 feet. These soils are to be properly compacted for the intended use under the supervision of a state licensed engineer. SOIL CONDITIONS -- An engineering report has been filed which indicates some lots may have expansive soils within the upper 3 feet below grade; these lots contain- ing fill may require special design of footings and slabs. It is -7- of 9 pages FILE NO. 35941 (Amended) OR 0-0109-04- 18(1) estimated that the extra cost involved in constructing a single story 3,500 sq. ft. house would be $3,000 to $3,500 and a two story house of 2,500 sq. ft. would be $2,000 to $2,500. FLOOD AND DRAINAGE -- There are no flood or drainage problems. ELEVATION - CLIMATE - PHYSICAL CHARACTERISTICS The elevation of the highest 1t is 420 feet above sea level; the lowest lot 140. The topography is hilly with no wooded areas. Soil conditions consist of predominately Black Mountain volcanic materials, of gravelly clayey silt topsoil overlying the volcanic rock. The average rainfall is 10.4 inches. The average snowfall is 0 inches. There is a program to control soil erosion, consisting of regulations enforced by the city. All graded slopes must be planted with erosion control plants; all grading and planting is inspected by the Building Department of the City of Carlsbad. Temperature Ranges: High Low Mean Summer: 1080 49' Annual Mean is 63.2 0 Winter: 87 0 210 PHYSICAL ACCESS -- Roads are under construction and all lots are physically accessible, with no. exceptions. PLATTING, VIOLATIONS, LITIGATION, FINANCIAL INFORMATION The city has approved the engineer's plan for the subdivision and the subdivision map has been filed for record. Each lot has been staked for identification purposes. VIOLATIONS -- The Department of Housing and Urban Development, Office of Interstate Land Sales Registration issued a letter, April 22, 1975, requiring that purchasers, prior to that time, be given rescission rights for the violation consisting of failure to file with the said Office in connec- tion with another subdivision owned by this subdivider. LITIGATION The subdivider is currently litigating a suit involving it, none of which, individually or in the aggregate, will have a material effect -8- of 9 pages FILE NO. 35941 (Amended) • OT 0-0109-04- MW upon the developer or subdivision. FINANCIAL INFORMATION -- The developer states the net loss for company for fiscal year ending l975was( $2,375,000 est.) The net deficit of the company for same fiscal year as ( $4,850,000 est.) SPECIALRISK FACTORS a. The future value of land is very uncertain; do not count on appreciation. b. The subdivider is obligated to complete all subdivision improvements included in the offering and has made financial arrangements for such completion. It is possible, of course, that the developer will fail to complete the promised improvements. If such a situation occurs, then litigation by local authorities, the homeowners' association, or lot owners may be necessary to enforce the completion through exercise of the financial provisions previously made. c. You should consider the competition which you may experience from the developer in attempting to resell your lot and the possibility that real estate brokers may not be interested in listing your lot. d. Changing land development and land use regulations by • government agencies may affect your ability to sell the land. For further information in regard to this subdivision, you may call (213) 620-2700, or examine the documents at Department of Real Estate, 107 South Broadway, Los Angeles, California 90012. wpw/vj -9- and last FILE NO. 35941 (Amended) CITY OF CARLSBAD 1200 ELM AVENUE 0 CARLSBAD, CALIFORNIA 92003 729-1101 flCT 31 5OO7* 01 RECEIVED ADD P -: S S -r 7 DESCRPTIO-4 I AMOUNT a,& /37 5141 TOTAL 0 CITY OF CARLSBAD 40 1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 729-1181 RECEIVED FROM /-A ã371q Lfr713L) DATE fr/A ,V ADDRESS A/C. A/C. NO. DESCRIPTION AMOUNT 1-3 (\It7 75 ; TOTAL 00 e RICK ENGINEERING COMPANY' I PLANNING CONSULTANTS AND CIVIL ENGINEERS 3088 PlO PICO DR. • SUITE 202 • CARLSBAD, CA 92008 TELEPHONE • AREA CODE 714 • 729-4987 TO Planning Department City of Carlsbad 1200 Elm Avenue r1had, California 92008 GENTLEMEN: R-IEUU# OF UMUMMUML DATE 5-6-75 JOB NO. 6925-A ATTENTION Dana Hield RE ESTATES NORTH WE ARE SENDING YOU 0 Attached 0 Under separate cover via the following items: 0 Shop drawings Prints 0 Plans 0 Samples 0 Specifications ti r,,, r o Copy of letter 0 Change order 0 VL.. c..I'.4J Dated________ COPIES DATE NO. DESCRIPTION 28 B/L Tentative Map/Specific Plan 1 T/O Tentative Map/Specific Plan 1 Xerox Preliminary Title Report. 1 original Tentative Map Application 1 Original Specific Plan Application 1 B/L 300' Radius Plat 1 Original Property Owners List 1 Set Property Owners List(Gurnmed Labels) THESE ARE TRANSMITTED as checked below: El For approval 0 For Checking 0 Resubmit copies for approval XXj For your use 0 Approved as submitted 0 Design only, not for construction 0 As requested 0 Approved as noted 0 Return ______corrected prints 0 For review and comment 0 Returned for corrections 0 0 For Your Action REMARKS _l/5-3-75/No.2l53/Check for the amount of $636.00 for fees l/Copy/Zmendment to the Enviromental Impact Report-20 to follow (to be replaced) COPY SIGNED: Frank Fitzpatrjck:rk DAWCO It enclosures are not as noted, kindly notify us at once.