The URL can be used to link to this page

Home My WebLink AboutCT 81-29; ALICANTE HILLS; Engineering ApplicationFOR APPLICANT TO FILL IN Site Address Alieante Road & Corte de la Vista Legal Description.' . Map No. .' Carlsbad Tracf·-N()1;~·8I:~29~:.r;:~~5J' .: ... ' ... Subdivision Name Alieante Hills Owner "-The Davidson Company Phone 450-1999 Owner's Address 9555 Genesee Avenue. San Die~o. CA 92121 Plans by civil Engineer R.C.E. Rick Engineerin~ Ca. 33591 Address Phone 729-4987 3088 Pia Pica Drive(Rabert.Stockton1 Soil Engineer R.C.E. Phone ( Geoeon 28188 (Michael Rahilly) 695-2880, Grading Contractor Phone Brown, Pardee & Haaey 278-518'1 Address 9434 Chesapeake Dr. Suite 1206. S.D. 92123. Party'responsible for overall supervision John Moore -The DaVidson Comnanv . Proposed use of grade site ResidentialSinQ'le Familv Develonment Number of cubic yards Cut Fill Import 24,000 /100.800 I 76.800 Proposed Schedule of Operations (dates) Start 10/30/85 I Waste -0-' Finish 12/20/85 I hereby acknowledge that I have read the application and state that \ (~ eli 1. '. f., ~" . ',;"li . (·~'I . .~ t'l1"""{'\' .• _ •• 1," • Surety Addre~s ...... ~ 'ilL E~ ~' , ' . , Date File9_ 6////£.r. Rec'd by Casn6eposi~ Rec'd by ~,~~ fileg.~ -' $/c ~Ct:7.-/ ~ /)/:z6/tls_ ' The foh~lRgiJocuments are required and shalvbecofue a part of the grading permit when they are approved. ~ Grading plans __ Specifications __ Soil report __ ' -Geologic Report ? Drainage .. structures __ Other __ Compaction report ~ SPECIAL CONDITIONSWHICH ARE MADE '. A PART OF THIS,PERMIT 1. Authorized hours of operation: 7:00 AM to Sunset, Monday· Friday. 2. Haul routes,are to be approved by City Engineer. 3. Adequate' provisions shall be made for erosion and ~iltatioh control. 4. All slopes shall be planted per City Code. ". 5. All fills to be compacted to at lea~t 90% of optimum density unless noted otherwise. the information I have provided is correct and agree to comply with , . all City ordinances and State laws regulating excavating and grading, Under City Code Sec. 11.06 170 this ~~~dlng Is: - and the provisions and condition~f)'TY permit issued pursuant to 0 REGULAR GRADING. City inspE;lctor will make inspections this application.' l IY1I Ijsted below. ( r M~I'I.. [B"'CONTROLLED GRADING· Private grading engineer shall Signature of Permittee --..J' ~ ~ observe work, coordinate tests, make reports. / !/lJ /J g')/1 -.'M INSPECTION DATE IN~P. SIGNATURE Owner or authorized agent ( ~ r\.t.. -1/,. If JC1CKlk . /) u .. L -.. 1'1/' II -lnitlal.siteprep.I/_M .... ~ ~~ ENVIRONMENTAL CLEAf1~E :< L' ~ 2ItF.r 1 "_ A4._4/~1') ..-/J C-,-!'f-2-' ,Date ~I 3Pt. Rough· prior 10 drains !/~ ~V" ~ '-f'LA/ E IA Log No. ,; --I''/( ~_ .1'. J I---,-------l~=.:...,.---!::!:..-f--;(/~O::::"':"_-----'-----'-- .f t& L.. .~c.-/Jilt.. /?1/1'G /. By rk ~.-'C--;1 Final· slopes planlE1d f'4 ""'} '-:::jj,;f-7i"1 OK.vi.4 /I.;,y.,: I r.'"D..vE',(' -~ "~ per~.sued Fa. fA IlQT.-H"SSS:2.'f l'!f I~~' •. ""'91XJ60 Private engr. cert. rec'd., I-t#'~ ~ by~ , Date /j/..z7/tis:": Copies: White-Office; Green.Building; U -' Per t Expiration Elate b. ..... ..-...-f.r.A L.. -~ '~ .~ ~~' Yellow-Inspector; Pink,Permittee; Goldenrod·Finance .~ . ~ . _. ': . THIS FORM WHEN PROPERLY VALIDATED I A PERMIT TO DO THE WORK DESCRIBED THIS PERMIT ISVALID FORIi\ IX (6) MONTH PERIOD --------------~------------------ Application for Grading Permit (J ..2/8-2,4 CITY OF CARLSBAD ENGINEERING DEPARTMENT 2075 Las Palmas Drive 438-3550 Validation by Finance Department Building Permit Plan Check No. ______ _ FOR APPLICANT TO FILL IN Site Address Alicante ~={oad and Corte De La Vista Legal Description Map No. Carlsbac Tract ~o. 81-29 1'4~3 Subdivision Name Alicante Eills Owner UILLs ()):: Al..lCfHJiE Phone CA!tGC ~rE&-T f>ARTN&~-SJJJP' (619) 727-370). Owner's Address 329 S. Rancho Santa Fe ~oad Plans by Civil Engineer R.C.E. 33, 591 RTCK ENGINEERING COMPANY (Bob Stockton) Address Phone 365 S Rancho ..Santa Fe Road (619)744-480Q· Soil Engineer R.C.E. Phone ~p()('!on (Jim Likins) 17030 (619') 695'-2880 Grading Contractor Phone :JO~ ~i:u.rtOS AU/) soN 153-4St.3 Address P'O. ',SOX "5d.-6 tJC) N liAS Party' responsible for overall supervision Surety Company Bolid No. Z:;~a ...z;jSQ/'grlCB U. #O/NAAO/7k:>7 Surety Address 3376 12/01/88 0001 01 _ OS M1Saec'd by 140.00 Cash deposit -Rec'd by Date filed $ /~a::o. -SE /~/&\:" The following documents are'required and shall b~om a part of the grading permit when they are approved. :5/ Grading plans ----, Specifications Soil report' --Geologic Report v"'/ Drainage structures __ Other _v_ Compaction report SPECIAL CONDITIONS WHICH ARE MADE A PART OF THIS PERMIT 1. Authorized hours of operation: 7:00 AM to Sunset, Monday -Friday. 11-~.:r~·_.L!L MI 1 .... 1 , C. ...... WC1.:...24A,..1 E"":;..=-,-----:c-'IY\A"'-!!...:.!P'-=-.J'IL..C.-")Jf:A"'-'-V~ ___ ___.,.------_t 2. Haul routes are to be approved by City Engineer. # Proposed use of grade site Residential Single Family Deve10piuent Number of cubic yards Waste 3. Adequate provisions shall be made for erosion and silt~tion cO,ntro!. I-::----:-:--=-::-::-::--:=r-------,.------.,---------t 4. All slopes shall be planted per City Code. Cut Fill Import FOIJNbA1lOtJI I I <;;Po)l.S 800 ..f-/- Proposed Schedule of Start Fini~'B1 Operations (dates) 12-1-88 1.1·/- I hereb.Y acknowledge that I have r~ad the application and state that the information I have provided is correct and agree to comply with all City ordinances and State laws regulating excavating and grading, and the prOVisions and conditions of any permit issued pursuant to this application. • 5. All fills to be compacted to at least 90% of optimum density unless noted otherwise. Under City Code Sec. 11.06 170 this grading is: o REGULAR GRADING" City inspector will make inspections listed below. o CONTROLLED GRADING -Private grading engineer shall observe work, coordinate tests, make reports. f If',ISPECTION DATE S;gn,,.,, of P"mat" ~~. . Owner or authorized agent t:A fIII.~,..Ld IYYJrJ!i' /IJ..M.J}. I-________ ---:'H--_____________ --tlnitial -site prep. ENVlRONMENTAL CLEARANCE- Date //;f;/8,r EIA Log No. e-rtl/-L'1 :-ZA 7 / /V$-, PC2;:';'cr:9k f/9n;: By --#--'';/ /,--~--~...,. Grading permit fe/ $ /4<?, --Plan check fee $ ~::4. I Permit~ .... -"l. '" A A. J ___ /1/1. by ><J/tivvk"~ Date/:2-/llb8. P~rm/Eliratio~ Date I h///89. / I 1'9P1 / / Rough -prior to drains Final-slopes planted compaction reports rec'd. 3 -JD' g9 Private engr. cert. rec·d. ~ ._ 00 -2:, 'f Copies: White-Office; Green-Building; '-v -G .-{/ Yellow-Inspector; Pink-Permittee; Goldenrod-Finance THIS FOHM WHEN PROPERLY VALIDATED IS A 'PERMIT TO DO THEWORK DESCRIBED THIS PERMIT IS VALID FOR A SIX (6) MONTH PERIOD -. ·1, . Application for Grading Permit &. PE NO.:2-· 52o.2S CITY OF CARLSBAD ENGINEERING DEPARTMENT 1200 Elm Avenue 438·5541 BuihdingPUmit Plan Check No. ______ _ FOR APPLICANT TO FILL IN Ii SlI<> Address ~::.c:ny ~ c:;' . , Bond No. Alicante Road & Corte de 1a Vista Fe-/ ~.A''''' 1II'/7~7 Legal Description Map No. Surety Address ~!. vI SL 7.',' Carlsbad Tract No. 81-29 ,_. ~ SUbdivision Name Da~:,t;/!, Rec'd by , Al1"aate Hills 6 ~;U-: o.w.me,.. Phone cash ofeposit R,<::; ~:1~~. '!'he I'l'avidson Comnanv 450-1999 $/D 1Ii1D.- Owner's Address The following documents are required and shal e a part 9555 Genesee Avenue San Die!7o CA 92121 of the grading permit when they are approved, Plans by Civil Engineer R.C.E. ::::'" Grading plans Specifications Rick En!7ineerina Co. 33591 -- __ Soil report Geologic Report : Address Phone 729-4987 ? Drainage structures --, 3088 Pio Pico Drive(Robert StockTon) --Other So i I Engi neer R.C.E. Phone __ Compaction report Geocon 28188 (Michael Rahillv) 695-2880 Grading Contractor Phone SPECIAL CONDITIONS WHICH ARE MADE Brown Pardee & Hanev 278-5181 A PARTOF THIS PERMIT Address -Authorized ~~urs of operation: 9434 Chesaneake 92123 1. Dr. Suite 1206 S.D. 7:00 AM to Sunset, Monday, Friday. Party responsible for overall supervision John MoorA -The Oavidsnn Comnanv 2. Haul routes are to be approved by City Engineer. Proposed use of grade site . -..,'. ;~, ·"inule F"mil v O"vP 1 3. Adequate provisions shall be made for erosion and siltation , Number ot cubic yards control. CUt' Fill Import Waste All slopes shall be planted per City Code. 1100 800 I 4. 24.000 76 800 -0- Proposed Schedu Ie of Start Finish 5. All fills to be compacted to at least 90% of optimum Operations (dates) 10/30/85 12/20/85 density unless noted otherwise. I hereby acknowledge that I have read the application and state that the information I tiave provided is correct and agree to comply with i all City ordinances and State laws regulating excavating and grading, Under City Code Sec. 11.06 170 this grading Is: : an<lithe provisions and condition :flY permit issued pursuant to this application. .t. Ii1 o REGULAR GRADING, City inspector will make inspections ~edbelow. CONTROLLED GRADING· Private grading engineer shall Signature o~ Permittee ~ ~ observe work, coordinate tests, make reports. Owner or authorized agent / J( 1.1 .iJ. . IV . JlA INSPECTION DATE INSP. SIGNATURE -Inilial . site prep. eN!tAIilQNMENTAL CLEA~ ltJ;E , " I,/z{rr C, ,5'(-2.. Date 1 I I; Rough -prior to drains EIA Log No. y -:t.~ A J - rI~~ ·~~/'!1;/~ .~".;~Y '1 Final· slopes planlad Grading permit fee $ "i.tO ¢-Plan check fee $ //6~ Compaction reports ree'd. Private engr. cert. rec'd. Pe."~d 7L po-*ept,.. -, ;};::Z:~'1lfiili, ..• ///.2,. by. Da~ ::2-~~ies; White-Office; Green-Building; Per.JrExPiration~te ~......,..;d4 ~d Yellow-Inspector; Pink-Permittee; Goldenrod-Finance , THIS FORM WHEN PROPERLY VALIDATED IS A PERMIT TO DO THE WORK DESCRIBED THIS PERMIT IS VALID FOR A SIX (6) MONTH PERIOD - 1 ..... --~-----------------------~~~~--~--~-~~ B of A ' 1 GRADING AND EROSION CONTROL BOND 2 NAME OF DEVELOPER: The Hills of A1icante, a California Limited Partnership 4 NAME OF DEVELOPMENT:~~~a:r=ls~b~a~~~T~r~a~~~8=1=-2=9=1=~=A=l=i=ca=n=t=e~H=i=l=l=s_~ __ ~~ __ ~ ~ REFERENCE DRAWING NUMBER:--=2=1.:::..,8--=2=A.z.... --=.:21=8;....-2=B::....-______________ --.--_,;,..-- 6 NAME OF SURETY : __ ~DE=.;V;.;:E;;;;;.LO,;;.;;P;.;:E:.;;.;;R.;:;..S ...,;;I:.;;,;;N.;:;..SU;;";;RAN=C,;;.;;E;;,,,....;;;.CO,;;.;;MP;;;;;,' .:;,;;ANY;;;;,;, ~ __ -..-________ -----,.. 7 AMOUNT OF BOND: $198.000.00 (Reduced from $430.000) 8 BOND NUMBER:_....;9~7=14..;..;6;".;;.6..:;,..S ____ EFFECnVE DATE: JANUARY 19, 1989 9 PREMIUM : ___ $'-"3~, .:;..;96;;".;;0...:.,. ,;;..;00'--_______________ .-...0.---.-______ _ 10 WHEREAS, the Developer named on Line 1 of Page 1 hereof, hereinafter 11 referred to as DEVELOPER, has app 1 i ed, pursuant to Chapter 11. 06 of the Carl sbad 12 Municipal Co~e, fot: a grading permit to perform excavation or fill work or both, 13 within the City of Carlsbad, State of California, more speciftcally described tn, 14 the application for grading permit for the Development named on Line 2 ~f Page 15 1 hereof, located as stated on Line 3 of Page 1 hereof, is hereby referred to and 16 made a part hereof; and 17 WHEREAS, the City Engineer has determined to approve sa,id app·l ication and 18 issue said permit subject to certain conditions as set out tn said permit; and 19 WHEREAS, DEVELOPER is required under the terms of sai'd ,permit and said, 20 Chap.ter 11.06' to furnish a bond for the faithful performance of his/her 21 obligations thereunder; 22 NOW, THEREFOR, we, the DEVELOPER and the Surety n'amed on Line 4 OT page 1 23 hereof, hereinafter referred to as SURETY, are held and firmly bound unto the City ,24 of Carlsbad, State of California, hereinafter referred to as CITY, in the penal 25 sum of the amount stated on Line 5 of Page 1 hereof, lawful money of the United 26 States, for the payment of which sum well and tr~ly to be made, we bind ourselves, 27 our heirs, successors, executors and administrators, jointly and ,severally, firmly, 28 . ...,'" . QJ:'CEJVED JAN 2 3 '," -,. . , • 1 by these presents. 2 The conditions of this obligation is such that if the above bounden 3 DEVELOPER, hislher or its h~irs, executors, administrator" successors or assigni, 4 shall in all things stand to and abide by, and well and truly keep and perform 5 the, work and. fulfill the conditions of said pe'rmit and said Chapter 11.06 and any 6 alteration thereof made as therein provided, on hts/her or their part~ to be kept 7 and performed a the time and in the manner there;;n specified, and 1-n all respects 8 according to their true intent and meaning, and shall indemnify and save harmless 9 the CITY, its officers, agents and employees, as therein stipulated, then th'is 10 obligation shall become null and void; otherwise,. it shall be and remai"n in full 11 force and effect. 12 As a part of the obl igation secured hereby and ;'n addition to the face , 13 amount specified therefor, there shall be included costs and reasonable expenses 14 and fees, inc 1 ud i ng reasonab 1 e attorney's fees, i.ncurred by the C rty in 15 successfully enforcing such obligation, all to be taxed as costs and included in . 16 any judgement rendered. 17 The SURETY hereby stipulates and agre~s that no change, extension of time, 18 alteration or addition to the terms of the agreement or to the work to be 19 performed thereunder or the specifications 'accompanying the sam~ shall in any way 20 III 21 III 22 III 23 III 24 III 25 III, 26 III 27 III 28 ~y\J • Q~CErvEO JAN 2 3 • 1 affect its obligations on this bond, and it does hereby waive. notice of any suc.h 2 change, extension of time, alteration or addition to the terms of the agreement 3 or to the work or to the specifications. 4 IN WITNESS WHEREOF, this instrument has been duly e~ecuted by the DEVELOPER 5 and SURETY above named on JANUARY 19 , 1989 • Calco West Financial Corporation, General Partner--- 6 By. Frederick ~~eSident 7 ~E~ J _.L -/ D~~~~~~RS INSURANCE COMPANY BY:~ SURETY David C. Banfer, Attorney-in-Fact 14 (Notari.a 1 acknowl edgement of execut ion by DEVELOPER and SURETY must by attached'.) 15 16 STATE OF CALIFORNIA } 5S. 1 COUNTY OF tS,q...u "j)/C't7e> /e>~ . ~ ..;» ::;. On this, ~ day o{-''''"-'''A=-''-N=-____ , 19.~ ,.before me, the undersigned, a Notary CORPORATION STATE OF CALIFORNIA ORANGE } COUNTY OF,...... __ --:::--______ SS. On -----,Jd.\~AI-fNf-, -l1f.-' ~9~1~98~9J--..o------, before me, the undersigned, a NOlllry Public in and for sriid Stilte, personally appeared ~~DA~~V~'D==-C~. B==AN~F~E~R~. --.-::-~-=--;::~====~============~---, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within i;lstrument as Attorney. in-Fact on behalf of Developers Insurance Company, the corporation therein named, and acknowledged to me that the ~orporation executed it. WITNESS my hand and official seal. Y/7 .~ Signature ----L--.---...:(~......::..n~-~~;s~·~4~/~------- -DIe 304 (REV. 2/85) OFFICIAL SEAL ~(f"~~~'" . N. AMYX t! --~)(!~/ NOTARY PUBliC-CALIFORNIA . \, ~ ... : .... i 0R.t,NG£ C')UNTY :1 :,/f My Ccmi .. :~siG!1 Expres Apr. 25, 1991 n-~_,~~Y~~~'~~'=<~~~ This area/or Q{ficial Notarial Seal • POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O. BOX 3343, ANAHEIM, CALIF. 92803-(714) 999-1471 NOTICE: 1. All power anp authority herein granted shall In any event terminate on the 31st day of December, 1989. 2. This .power of Attorney is void If altered or if any portion Is erased. N~ 032·804 3. This Power of Attorney is void unless the seal is readable, the text Is In brown ink, the signatures are'ln blue Ink and this notice' Is In red Ink. 4. This,Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and ·DEVELOPERS INSURANCE COMPANY, do .each severally, but not Jointly, hereby make, constitute and appoint DAVID C. BANFER . , the true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said c9rporatlons as sureties, bonds; undertakings and contracts of 8lIretyship In an amount not exceeding $1,500,000 in any single undertaking; giving and granting unto said Attorney(s)-in-Fact full J)OW8r and authority to do and·to perform ,every act, nec;essary, requisite or proper to be'donl! In connection therewith as each of said corporations could do, but reBl!rvlng to each of said oorPQ;atlons full power of substitution and revoca- tion; and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. - The authority and powers conferred ·by this Power of Attorney do not extend to any of the following bonds, Undertakings or contracts of-..uretyshlp: Bank depOSitory bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of Installment paper, note guarantee bonds, bonds on. flnancjallnstltutlons, lease bonds, Insurance company qualifying bonds, self-insurer's bonds, fidelity bonds or ball bonds. . This Po_r of Attorney Is granted and Is Signed by facsimile under and by authority ofthe following resolutions adopted by the respective Boards of Directors of INDEMNITY'COMPANY OF CALIFORNIA and DEVELOPE;RS INSURANCE COMPANY, effective as of September 21, 1986: - RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby Is, ~uthorized'to execute Po_rs:of Attorney, qualifying the attorney(s) named In·the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or.any Assis- tant Secretary of·the corporation be, and each of them hereby Is, authorized to attest the execution of any such·PCl_r of Attorney; RESOLVED, FURTHER, thatthe signatures of such officers may be affixed to any such Po_r of Attorney or to any certificate relating thereto by facsimile, and any such Power ofAttor- ney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and In the future with respectto any bond, undertaking or,contract of suretyship to which It Is attached. IN WrrNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed bY their respec- tive Presidents and attested by their respective Secretaries this 13th day of January, 1989. . INDEMNITY COMPANY OF CALIFORNIA BY~~~' ~~:.J!:::.' ~~'::!J~",{'~t1 ===-- Gerald A. Sauvageau, P~dent ."nEST "~~I By ______ ~--------~.~ __ ----~--__ --__ --- . Harry • Crowell, Sl!Cretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) DEVELOPERS INSURANCE COMPAN.Y AnEST BY~_-~~. ~h!A-¥-. ~-'----'-_ .~ Crowell, s:.cre~ry On January 13,1989, before me, the undersigned, a Notary'Publlc In and for said State, personally appeared Gerald A. Sauvageau arid I:/arry C. Crowell, personally.known to me (or proved to me on the basis of satisfactory'evidence) to be the persons who ex!!Cuted the within instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company, the Corporations therein named, and.acknowledged to me that the corporatl9ns executed I~. WITNESS my hand and official seal. Slgnature ___ i_M.._ff-1_~ __ -,_#7 ___ .L~-'~'--__ ~ ____ -'-- OFFICIAL SEAL . Notary Public CERTIFICATE. VIRGINIA M. LOU MAN NOTARY PUBLlC·cALIFORNIA ORANGE COUNTY My Commission ~xpjres Mar: 13, 1989 . - The undersigned, as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has n()t been revoked; and furthermore, that the prOVisions of the reloiutlons of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as-or-the date of this Certificate. __ .!" • . -- This Certificate Is executed In the City of Anaheim, California, this 19t~ay of JANUARY ,1989. INDEMNITY COMPANY OF CALIFORNIA " By-----=-/.~~ ~(7J,~~~, ~$~"~C7- L.C. Fiebiger Vice President DEVELOPERS INSURANCE COMPANY BY,~-L~~~e,~~~' ~L'~ , L.~'!? ...... Vice President 1~~1~~F~V~'?~/:A8~ __________________________________________________________ ~::~ ________________________ ........................ . TICOR T~TlE If5URANCE SUBDIVISION GUARANTEE TICOR TITLE INSURANCE COMPANY A CORPORATION GUARANTEES FEE : ORDER NUMBER: REFERENCE: $50.00 1092134 A CARLSBAD TRACT NO. 81-29 THE COUNTY OF SAN DIEGO AND CITY WITHIN WHICH SAID SUBDIVISION IS LOCATED IN A SUM NOT EXCEEDING $1,000 00. THAT, ACCORDING TO THOSE PUBLIC RECORDS WHICH, UNDER THE RECORDING LAWS, IMPART CONSTRUCTIVE NOTICE OF MATTERS AFFECTING THE TITLE TO THE LAND HEREINAFTER DESCRIBED, THE ONLY PARTIES HAVING ANY RECORD TITLE INTEREST IN SAID LAND WHOSE SIGNATURES ARE NECESSARY, UNDER THE REQUIREMENTS OF THE SUBDIVISION MAP ACT, ON THE CERTIFICATES CONSENTING TO THE RECORDATION OF THE SUBDIVISION MAP OF SAID LAND AND OFFERING FOR DEDICATION ANY STREETS, ROADS, AVENUES AND OTHER EASEMENTS OFFERED FOR DEDICATION BY SAID SUBDIVISION ARE: 1. THE DAVIDSON COMPANY, A CALIFORNIA CORPORATION, OWNER. 2. TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION, TRUSTEE UNDER DEED OF TRUST RECORDED OCTOBER 20, 1981, FILE/PAGE NO. 81-331759, IN BOOK 1981 OF OFFICIAL RECORDS. 3. FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION, TRUSTEE UNDER DEED OF TRUST RECORDED OCTOBER 21, 1981, FILE/PAG~ NO. 81-333341, IN BOOK 1981 OF OFFICIAL RECORDS. 4. SAN DiEGO GAS & ELECTRIC COMPANY, HOLDER OF EASEMENTS RECORDED APRIL 16, 1954 AS DOCUMENT NO. 49841, IN BOOK 5207, PAGE 1S10F OFFICIAL RECORDS; MAY 12, 1954 AS DOCUMENT NO. 62395, IN BOOK 5235, PAGE 133 OF OFFICIAL RECORDS; AND RECORDED OCTOBER 29, 1974, AS FILE/PAGE NO. 74-287227, IN BOOK 1974 OF OFFICIAL RECORDS, WHICH SAID EASEMENTS CANNOT RIPEN INTO A FEE. 5. COSTA REAL MUNICIPAL WATER DISTRICT, HOLDER OF EASEMENT RECORDED AUGUST 8, 1973, AS FILE/PAGE NO. 37-220063, IN BOOK 1973 OF OFFICIAL RECORDS, WHICH SAID EASEMENT CANNOT RIPEN INTO A FEE. 6. THE CITY OF CARLSBAD, HOLDER OF EASEMENTS AND RIGHTS AS DEDICATED ON MAP 7784 AND RESERVED ON MAP 8266, WHICH SAID EASEMENTS AND RIGHTS CANNOT RIPEN INTO A FEE. 7. SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, HOLDER OF EASEMENT DEDICATED ON MAP 7784, WHICH SAID EASEMENT CANNOT»Jl-EN INTO A FEE. {\ 8. LEUCADIA COUNTY WATER DISTRICT, HOLDER OF EASEMENT RECORDED-_ NOVEMBER -12, 1973 AS FILE/PAGE NO. 73-315883, IN BOOK 1973 OF OFFICIAL RECORDS, WHICH SAID EASEMENT CANNOT RIPEN INTO A FEE. 1092134-A PAGE 1 TleOR TITLE IISURANCE • 9. DAON CORPORATION, SUCCESSOR BY MERGER TO LA COSTA LAND COMPANY, AN ILLINOIS CORPORATION, HOLDER OF EASEMENT RECORDED OCTOBER 20, 1981, FILE/PAGE NO. 81-3317S8, IN BOOK 1981 OF OFFICIAL RECORDS, WHICH SAID EASEMENT CANNOT RIPEN INTO A FEE. 10. LA COSTA COMMUNITY ANTENNA SYSTEM, INC., HOLDER OF EASEMENT RECORDED AUGUST 17, 1982, AS RECORDER'S FILE/PAGE NO. 82-254572 IN BOOK 1982 OF OFFICIAL RECORDS. SAID EASEMENT CANNOT RIPEN INTO A FEE. THE TRACT HEREINBEFORE REFERRED TO IS A SUBDIVISION OF LANDS DESCRIBED AS: CARLSBAD TRACT 81-29, BEING A SUBDIVISION OF: PARCEL 1 OF PARCEL MAP 11722, FILED OCTOBER 9, 1981, IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. EXCEPT THEREFROM, ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NAtURAL GAS, NATURAL GAS RIGHTS, PETROLEUM, PETROLEUM RIGHTS, OTHER HYDROCARBON SUBSTANCES, GEOTHERMAL STEAM, ALL UNDERGROUND WATER, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, IN OR UNDER OR WHICH MAY BE PRODUCED FROM THE PROPERTY WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY, OIL, WATER, OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN, AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (SOD) FEET OF THE SUBSURFACE OF THE PROPERTY, AS RESERVED BY DAON CORPORATION, SUCCESSOR BY MERGER TO . LA COSTA LAND COMPANY, AN ILLINOIS CORPORATION, IN DEED RECORDED OCTOBER 20, 1981, RECORDER'S FILE NO. 81-331758. DATED: SEPTEMBER 24, 1984, AT 7:30 A.M. BY 1092134-A PAGE TICOR TITLE INSURANCE COMPANY OF CALIFORNIA ASSISTANT VICE PRESIDENT 2 ~. • TICOR T~TLE IISURANCE • TICOR TITLE INSURANCE COMPANY 220 "A" STREET P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619-239-6081 I DAVIDSON COMPANY ATTN: BILL DAVIDSON 595 LEUCADIA VILLAGE COURT LEUCADIA, CALIFORNIA 92024 YOUR REFERENCE: CARLSBAD TRACT 81-29 OCTOBER 2, 1984 OUR ORDER NO.: 1092134 4TH AMENDED PRELIMINARY SUBDIVISION REPORT FOR TENTATIVE MAP. FOR THE BENEFIT OF THE SUBDIVIDER, THE SUBDIVIDER1S ENGINEER, THE COUNTY OF SAN DIEGO, AND ANY CITY WITHIN WHICH THE SUBDIVISION IS LOCATED. IN CONNECTION WITH THE PROPOSED RECORDATION OF THE SUBDIVISION MAP, A PRELIMINARY EXAMINATION·OF THOSE PUBLIC RECORDS WHICH UNDER THE RECORDING LAWS IMPART CONSTRUCTIVE NOTICE OF MATTERS RELATING TO SAID LAND, DISCLOSES THE FOLLOWING MATTERS. DATED AT 7:30 A.M. AS OF SEPTEMBER 24, 1984 TITLE OFFICER: PROVENCE/RUHRUP SIGNED: _~_~ _______ _ VESTEE: THE DAVIDSON COMPANY, A CALIFORNIA CORPORATION EXCEPTIONS: 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR : 1984-85 A LIEN NOT YET PAYABLE. . . THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 498, STATUTES OF. 1983 OF THE .STATE AMENDED 1092134 PAGE 1 r-----..----------------------------c;-:=---~~~-~ ~~- TICOR TITLE IISURANCE • OF CALIFORNIA DELINQUENT TAX FIGURES AS FOLLOWS: FOR 1982-83 CODE AREA PARCEL NO. : TOTAL AMOUNT NECESSARY TO REDEEM: FIGURES GOOD THROUGH 9061 , 216-130-60 $42,043.26 OCTOBER 31, 1984 2. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID 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 RIGHT TO TRIM OR TOP AND TO KEEP TRIMMED OR TOPPED, ANY AND ALL TREES RECORDED APRIL 16, 1954 DOCUMENT NO. 49841, IN BOOK 5207 PAGE 1-61 OF OFFICIAL RECORDS AFFECTS THE NORTHEASTERLY 20 FEET OF PARCEL 1 3. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID 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 RIGHT TO TRIM OR TOP AND TO KEEP TRIMMED OR TOPPED, ANY AND ALL TREES RECORDED MAY 12, 1954 DOCUMENT NO. 62395 IN BOOK 5235 PAGE 133 OF OFFICIAL RECORDS AFFECTS THE NORTHEASTERLY 20 FEET OF PARCEL 1 4. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID 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 FOR ANY AND ALL PURPOSES TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCES INCLUDING BUT NOT LIMITED TO CONDUITS AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION PURP.OSES RECORDED AUGUST 8, 1973, RECORDER1S FILE NO. 73-220063 AFFECTS AS SHOWN ON PARCEL MAP NO. 11722 NOTE: SAID EASEMENT NOW VESTS IN COSTA REAL MUNICIPAL WATER DISTRICT 5. AN OFFER OF DEDICATION TO PUBLIC USE OF A PORTION OF SAID LAND. SAID OFFER WAS REuECTED ON SAID MAP, BUT IS SUBuECT TO FUTURE ACCEPTANCE UNDER THE PROVISIONS OF SECTION NO. 66477.2 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. DESIGNATED ON MAP NO.: 7784 '. AS PORTIONS AS SHOWN AS RESERVED FOR FUTURE ON MAP 7784 AND RESERVED ON MAP 8266 STREET 6. AN OFFER OF DEDICATION TO PUBLIC USE OF A PORTION OF SAID LAND." " SAID OFFER WAS REJECTED ON SAID MAP, BUT IS SUBuECT TO FUTURE ACCEPTANCE UNDER THE PROVISIONS OF SECTION NO. 66477.2 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. DESIGNATED ON MAP 'NO.: 7784 ' AS PORTIONS SHOWN AS RESERVED FOR FUTURE SLOPE RIGHTS ON MAP 7784 AND RESERVED ON MAP 8266 AMENDED 1092134 PAGE 2 TleOR T~TLE IISURANCE • 7. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP 7784 FOR : SEWER AND ACCESS AFFECTS: THOSE PORTIONS SHOWN AS SEWER AND ACCESS EASEMENTS DEDICATED ON MAP 7784 8. A DEDICATION TO THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT AND ACCEPTANCE THEREBY OF DRAINAGE EASEMENTS AND THE EASEMENTS FOR ACCESS TO MAINTAIN DRAINAGE FACILITIES, ALL AS SHOWN ON MAP 7784. 9. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED BY AND BETWEEN REGARDING RECORDED OCTOBER 1, 1973 CARLSBAD MUNICIPAL WATER DISTRICT, THE LEUCADIA COUNTY WATER DISTRICT, AND THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT JOINT USE OF EASEMENT NOVEMBER 5, 1973, RECORDER'S fILE NO. 73-308939 10. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION· OF SAID LAND AND FOR THE. PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF LEUCADIA COUNTY WATER DISTRICT FOR SEWER PIPELINE OR PIPELINES, MANHOLES, LATERALS, AND APPUR1ENANCES . RECORDED NOVEMBER 12, 1973, RECORDER'S FILE NO. 73-315883 AFFECTS PORTIONS OF LOTS 6, 11, 13, 14, 15, 16, 17, 19,20 AND 21 OF MAP 7784 SAID DEED DOES NOT CONTAIN THE LOCATION OF SAID EASEMENT~ 11. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR UNDERGROUND CONDUITS AND NECESSARY ABOVEGROUND STRUCTURES FOR TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND PIPELINE-S-FOR TRANSMISSION AND DISTRIBUTION OF GAS . RECORDED OCTOBER 29, 1974, RECORDER'S FILE NO. 74-287227 AFFECTS AS SHOWN ON PARCEL MAP 11722 12. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : DAON CORPORATION, SUCCESSOR BY MERGER TO LA COSTA LAND COMPANY, AN ILLINOIS CORPORATION FOR THE EXCLUSIVE RIGHT TO EMPLACE ON, UNDER AND ACROSS THE PROPERTY, TRANSMISSION LINES, CABLES, CONDUITS, MANHOLES, MARKERS AND OTHER FACILITIES FOR A COMMUNITY ANTENNA TELEVISION SYSTEM AND NECESSARY FIXTURES AND APPURTENANCES, AND THE RIGHT TO ENfER THEREON TO SERVICE, MAINTAIN, REPAIR, RECONSTRUCT, IMPROVE AND REPLACE SUCH FACILITIES; PROVIDED, HOWEVER, THAT THE EXERCISE OF SUCH RIGHTS DOES NOT UNREASONABLY INTERFERE WITH THE DAVIDSON AMENDED 1092134 PAGE 3 (i' t TleOR TITLE IISURANCE • COMPANY, A CALIFORNIA CORPORATION REASONABLE USE AND ENJOYMENT OF THE PROPERTY RECORDED OCTOBER 20, 1981, RECORDER'S FILE NO. 81-331758 13. A COVENANT AND AGREEMENT _ EXECUTED BY: THE DAVIDSON COMPANY, A CALIFORNIA CORPORATION IN FAVOR OF : DAON CORPORATION, SUCCESSOR BY MERGER TO LA COStA LAND COMPANY, AN ILLINOIS CORPORATION ASDISCLOS~D IN DEED RECORDED : OCTOBER 20, 1981, RECORDER'S FILE NO. 81-331758 WHICH, AMONG OTHER THINGS, PROVIDES : AS FOLLOWS: GRANTEE (DAVIDSON) HEREBY COVENANTS A~D AGREES BY THE RECORDING OF SAID DEED THAT THE COVENANTS AND CONDITIONS OF SAID GRANTEE TO BE PERFORMED AFTER RECORDATION OF SAID DEED UNDER THAT CERTAIN PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS ("PURCHASE AGREEMENT") BETWEEN GRANTOR (~) AND SAID GRANTEE DATED OCTOBER 16, 1981, SHALL BE CONSTRUED TO BE COVENANTS RUNNING WITH THE LAND, AND THE WORD "BUYER" IN THOSE COVENANTS AND CONDITIONS SHALL ALSO INCLUDE ANY SUCCESSORS-IN-INTEREST OF SAID GRANTEE IN THE PROPERTY OR ANY PORTION THEREOF. THESE COVENANTS AND CONDITIONS INCLUDE, WITHOUT LIMITATION, A CONDITION THAT ANY SALE IN BULK (RATHER THAN THROUGH SALES TO INDIVIDUAL HOME BUYERS UPON SAID GRANtEE'S CONSTRUCTION OF HOMES ON THE PROPERTY) SHALL BE SUBJECT TO A RIGHT OF FIRST REFUSAL IN SELLER ON THE TERMS AND CONDITIONS SET FORTH IN THE PURCHASE AGREEMENT. UPON THE-FULL PERFORMANCE OF THESE COVENANTS, SAID GRANTOR AGREES TO EXECUTE A -RELEASE OF THE COVENANTS RUNNING. WITH THE LAND AS EACH PHASE OF GRANTEE'S DEVELOPMENT OF THE PROPERTY HAS BEEN SOLE BY SAID GRANTEE. 14. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBfEDNESS OF THE AMOUNT STATED HEREIN DATED OCTOBER 20, 1981 AMOUNT $1,365,300.00 TRUSTOR THE DAVIDSON COMPANY, A CALIFORNIA CORPORATION TRUSTEE TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION BENEFICIARY DAON CORPORATION, A DELAWARE CORPORATION RECORDED OCTOBER 20, 1981, RECORDER'S FILE NO. 81-331759 15. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED OCTOBER 20, 1981 AMOUNT $155,000.00 TRUSTOR THE DAVIDSON COMPANY, A CALIFORNIA CORPORATION TRUSTEE FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY WILLIAM A. DAVIDSON, A SINGLE MAN RECORDED OCTOBER 21, 1981, RECORDER'S FILE NO. 81-333341 THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED AS COLLATERAL TO LOREN SLUDER, BY ASSIGNMENT DATED OCTOBER 20, 1981, RECORDED OCTOBER 21, 1981, RECORDER'S FILE NO. 81-333342. 16. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE .- PURPOSES STATED HEREIN, AND-INCIDENTAL PURPOSES IN-FAVOR OF LA COSTA COMMUNITY ANTENNA SYSTEM, INC., -A CALIFORNIA AMENDED 1092134 PAGE 4 TleOR TITLE IISURANCE FOR RECORDED AFFECTS CORPORATION TRANSMISSION AND DISTRIBUTION OF ELECTRICAL ENERGY AND COMMUNICATION (RADIO AND TELEVISION) SIGNALS AUGUST 17, 1982, RECORDER'S FILE NO. 82-254572 AS FOllOWS: A 34.00 FOOT WIDE EASEMENT OVER, UNDER, ALONG AND ACROSS THAT PORTION OF lOT 11 AND lOT 12 OF CARLSBAD, TRACT NO. 72-25 PER MAP NO. 7784 RECORDS OF SAN DIEGO COUNTY, AND A PORTION OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN PER UNITED STATES GOVERNMENT SURVEY THEREOF, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOllOWS: A STRIP OF lAND 34.00 FEET WIDE, lYING 22.00 FEET NORTHEASTERLY AND 12.00 FEET SOUTHWESTERLY OF THE FOllOWING DESCRIBED lINE: COMMENCING AT THE NORTHERLY TERMINUS OF THE CENTER lINE OF GIBRALTAR STREET AS SHOWN ON MAP OF lA COSTA SOUTH UNIT NO.5, . PER MAP NO. 6600, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT OF COMMENCEMENT BEING IN THE ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL lINE FROM SAID POINT BEARS SOUTH 85°32'07" EAST; THENCE NORTHERLY ALONG THE PROLONGATION OF SAID CURVE AND SAID CENTER lINE THROUGH A CENTRAL ANGLE OF 03°40'03" A DlsTANCE QF 48.01 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER lINE HEREIN DESCRIBED, BEING THE POINT OF INTERSECTION OF SAID 750.00 FOOT RADIUS CURVE WITH A 48.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY IN THE BOUNDARY OF SAID lA COSTA SOUTH UNIT NO. 5, A RADIAL lINE TO SAID 750.00 FOOT RADIUS CURVE BEARS NORTH 89°12'10" WEST, AND A RADIAL LINE TO SAID 48.00 FOOT RADIUS CURVE BEARS NORTH 02°37'50" EAST; THENCE lEAVING SAID BOUNDARY AND CONTINUING NORTHERLY AND NORTHWESTERLY ALONG SAID 750.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 23°28'38" A DISTANCE OF 307.32 FEET; THENCE TANGENT TO SAID CURVE NORTH 22°40'48" WEST 714.49 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°52'37" AND A DISTANCE OF 51.29 FEET TO THE POINT OF TERMINATION OF THE CENTER LINE HEREIN DESCRIBED BEING THE POINT OF INTERSECTION OF SAID 500.00 FOOT RADIUS CURVE WITH A 50.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL lINE TO SAID 500.00 FOOT RADIUS CURVE BEARS SOUTH 31°25'22" EAST. THE SIDELINES OF THE ABOVE DESCRIBED STRIP OF lAND TO BE LENGTHENED OR SHORTENED SO AS TO BEGIN IN THE ARC OF SAID 50.00 FOOT RADIUS CURVE AND TO END IN THE ARC OF SAID 48.00 FOOT RADIUS CURVE. All PER ATTACHED PLAT DESIGNATED AS PLAT NO.3. 17. AN AGREEMENT PARTICULARS DATED BY AND BETWEEN REGARDING RECORDED TO WHICH REFERENCE IS HEREBY MADE FOR FUll MARCH 3, 1983 THE DAVIDSON COMPANY, INC. AND THE CITY OF CARLSBAD PAYMENT OF A PUBLIC FACILITIES FEE MARCH 24, 1983, RECORDER'S FILE NO. 83-093444. 18. NOTE 1. NO KNOWN MATTERS OTHERWISE APPROPRIATE TO BE SHOWN HAVE BEEN DELETED FROM THIS REPORT, WHICH IS NOT A POLICY OF TITLE AMENDED 1092134 PAGE 5 TICOR TITLE IISURANCE • INSURANCE BUT A REPORT TO FACILITATE THE ISSUANCE OF A POLICY OF TITLE INSURANCE. FOR PURPOSES OF POLICY ISSUANCE, ZERO ITEMS , MAY BE ELIMINATED ON THE BASIS OF AN INDEMNITY AGREEMENT OR OTHER AGREEMENT SATISFACTORY TO THE COMPANY AS INSURER. CODE AREA : 9061 PARCEL NO.: 216-130-60 AMENDED 1092134 PAGE 6 .... ~I""'--------------------------------~----- TleOR TITLE IISURANeE • THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: CARLSBAD TRACT 81-29, BEING A SUBDIVISION OF: . PARCEL 1 OF PARCEL MAP 11722 FILED OCTOBER 9, 1981 IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. EXCEPT THEREFROM, ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, PETROLEUM, PETROLEUM RIGHTS, OTHER HYDROCARBON SUBSTANCES, GEOTHERMAL STEAM, ALL UNDERGROUND WATER, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, IN OR UNDER OR WHICH MAY BE PRODUCED FROM THE PROPERTY WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE PROPERTY TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY, OIL, WATER, OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS, AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN, AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE, AND OPERATE THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY, AS RESERVED BY DAON CORPORATION, SUCCESSOR BY MERGER TO LA COSTA LAND COMPANY, AN ILLINOIS CORPORATION, IN DEED RECORDED: OCTOBER 20, 1981, RECORDER'S FILE NO. 81-331758. AMENDED 1092134 PAGE 7 " '. SUBDIVISION GUARANTEE • TITLE INSURANCE AND TRUST COMPANY A CORPORATION GUARANTEES FEE : ORDER NUMBER: REFEREfIICE: S50.00 1092134 A CARLSBAD TRACT NO. '81-29 THE COUNTY OF SAN DIEGO AND CITY ~ITHIN WHICH SAID SUBDIVISION IS LOCATED IN A SUM NOT EXCEEDING Sl.000 00. THAT., ACCORDING TO THOSE PUBLIC RECORDS WHI CH, UNDER THE RECORD ING LAwS, IMPART CONSTRUCTIVE NOTICE OF HATTERS AFFECTING THE TITLE TO THE LAND HEREINAFTER DESCRIBED. THE ONLY PARTIES HAVING ANY RECORD TITLE INTEREST IN SAID LAND WHOSE SIGNATURES ARE NECESSARY. UNDER THE REOUIREMENTS OF THE SUBDIVISION MAP ACT, ON' TH~ CERTI~ICATES CONSENTING TO THE RECORDATION OF THE SUBDIVISION HAP OF SAID LAND AND OFfERING FOR DEDICATION ANY STREETS., ROADS., AVENUES AND OTHER EASEMENTS OFFERED FOR DEDICATION BY SAID SUBDiVISION ARE: I 1. THE DAVIDSON CO"1PANY, A CALIFORNIA CORPORATION., OWNER. 2. TITLE INSURANCE AND TRUST COMPANY; A CALIFORNIA CORPORATION., TRUSTEE UNDER DEED OF TRUST RECORDED OCTOBER 20, 1981. FILE/PAGE ~O. 81-331759., IN BOOK 1981 OF OFFICIAL RECORDS. 3. FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION. TRUSTEE UNDER DEED OF TRUST RECORDED OCTOBER 21. 1981., FILE/PAGE NO. 81-333341. IN BOOK 1~81 OF OFFICIAL RECORDS. 4. SAN DIEGO GAS t ELECTRIC COMPANY, HOLDER OF EASEMENTS RECORDED APRIL 16. 1954 AS DOCUMENT NO. 49841., IN BOOK 5207., PAGE Ibl OF OFFICIAL R~CORDS; MAY 12, 1954 AS DOCUMENT NO. 62395, IN BOOK 5235., PAGE 133 OF OFFICIAL RECORDS; AND RECORDED OCTOBER 29, 1974, . AS FILE/PAGE NO. 14-281227, IN BOOK 1974 OF OFFICIAL RECORDS, WHICH SAID EASEMENTS CANNOT RIPEN INTO A FEE. 5. COSTA REAL t'UNICIP,Al WATER DISTRICT., HOLDER OF EASEMENT RECORDED AUGUST 8., 1913, AS FILE/PAGE NO. 37-220063, IN BOOK 1973 OF OFFICIAL RECORDS. WHICH SAIDEASEHENT CANNOT RIPEN INTO A FEE. o b. THE (ITY OF CARLSBAD, HOLDER OF EASEMENTS AND RIGHTS AS DEDICATED ON MAP 7184 AND RESERVED ON MAP 8266. WHI£H SAID EASEMENTS AND RIGHTS CANNOT RIPEN INTO A FEE. 1. SAN DIEGO COUNTY FLOOD CONTROL DISTRICT. HOLDER OF EASEtJ.ENT DEDICATED ON MAP 7764, WHI(H SAID EASEMENT CANNOT RIPEN INTO A FEE. 8. LEUCADIA COUNTY WATER DISTRICT., HOLDER OF EASEMENT RECORDED NOVEMBER 12.1973 AS FilE/PAGE NO. 13-315883, IN BOOK 1973 OF OFFICIAL RECORDS, WHICH SAID EASE~ENT CANNOT RIPEN INTO A FEE. 1092134-A PAGE 1 ' . . d • • 9. OAON CORPORATION. SUCCESSOR BY MERGER TO LA COSTA LAND COMPANY. AN ILLINOIS CORPORATION. HOLDER Of EASEMENT RECORDED OCTOBER 20. 1981. FILE/PAGE NO. 81-331758, IN BOOK 1981 OF OFFICIAL RECORDS. WHICH SAID EASEMENT CANNOT RIPEN INTO A FEE. THE TRACT HEREINBEFORE REFERRED TO IS A SUBDIVISION OF LANDS DESCRIBED AS: CARLSBAD TRACT 81-29. BEING A SUBDIVISION OF: PARCEL 1 OF PARCEL MAP 11722. FILED OCTOBER 9. 1981. IN THE,OFFICE OF COUNTY ,RECORDER OF SAN DIEGO COUNTY. IN THE CIty OF CARL~eAD, IN THE COUNTY OF SAN DIEGO" STATE OF CALIFORNIA. EXCEPT THEREFROM, ALL MINERALS. MINERAL RIGHTS. OIL., OIL RIGHTS. NATURAL GAS, NATURAL GAS RIGHTS. ¥ETROLEUM, PETROLEUM RIGHTS, OTHER HYDROCARBON SUBSTANCES. GEOTHERMAN STEAM. ALL UNDERGROUND WATER. ANC ALL PRODUCTS DERIVED FROM ANY Of THE FOREGOINING. IN OR UNDER OR WHICH HAY BE PRODUCED FROM THE PROPERTY WHICH UNDERLIES A PLANE PARALLEL TO AND SOD FEET BELOW THE PRESENT SURFACE OF THE PROPERTY, TOGETHER WITH THE PE~PETUAL RIGHT OF DRILLING. MINING, EXPLORING AhD OPERATING THEREFOR AND STORIN~ IN AND REMOVING THE SAME fROM THE PROPERTY OR ANY OTHER LAND. INCLUDING THE RIGHT TO WHIPSTOCK OR OIRECTIOhALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY., OIL. WATER., OR GAS WE:LLS. TUNNELS, AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTDCKED OR DIRECTION"ALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH QR BEYOND THE EXTERIOR LIMITED THEREOF. AND TO REDRILL. RETUNNEL, EQUIP. MAINTAIN, REPAIR. DEEPEN. AND OPERATE ANY SUCH WELLS OR MINES, WiTHOUT. HOWEVER. THE RIGHT to DRILL. MINE, STORE. EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY, AS RESERVED BY DAON CORPO.RATION,~ SOCCESSOR BY MERGER TO LA COSTA LAND COMPANY, AN ILLINOIS CORPORATION; IN DEED RECORDED OCTOBER 20, 1981, RECORDER·S FILE NO. 81-331758. DATED: AUGUST 5. 1982. AT 7:30 A.M. TITtE INSURANCE AND TRUST COMPANY BY "'/5 ~"4 + • ~ /"J /Z~/d~~~ , ' ASSISTANT SECRETARY l092134-A PAGE 2 2