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Home My WebLink AboutCT 83-07; DEVELOPMENT CONSULTANTS; Tentative Map (CT)pq AF, • . REQUEST 0 Zone change - O precise Development Plan QGeneral Plan Amew3ment . _ Specific Plan M Tentative Ti-act Map 0 Site Developnent Plan O Planned Unit Development 0 Conditional Use Permit - 0-Major Condominium Permit D Variance o Minor Condominium Permit F2 Planning Caaniss ion Determination jt Master Plan 0 Special Use PermIt ...0 Major Condominium Conversion Cl Alrrdxiistrative Variance Omplete Description of project (attach additional sheets if necessary) ...-2L_plicantproses_ratentinn nf 1 mn9rni iii in .nLis_th& J_o ndiersinoLlots.1hA,lLan&12_ too tnitsExis. Location of Project West of El Legal Description (ccmplee) Lots 6Lfiledm ±__ office of the Counjy Q of. the /ssessors Parcel Nurnher 167-250-27thrgJi 18 . Exisbiiig Laid Use zone . . General Plan- L__ RMH Site Acreage Proposed Zone Proposed General Plan . PC RMH Owner- . Applicant Name !'rint or Type) Name (Print or Type) -Fan t Mailing Address . . Mailing ddres . . . . . P.O. Box 2143 '' .. ., . City and State Zip Telephone City and State Zip Telephone I CERTIFY THAT I 2M THE LEGAL OWNER AND THAT ALL THE AEGVE INFOPMATION IS ID1JE I CERTIFY THAT I AM THE OWNER'S REPHESETIVE AND TEAT ALL THE ABOVE INFORWTION IS T1UE AND CORRECT TO THE BEST OF MY ENOWIIX AND CORRECT 'ID THE BEST OF M' KNOWtLDGE DATE rT Th TTTT - T r' e- - /c)-c). /31 194t.J4/1 L.. L...lOfl 1P-ftnciP-Lu i J \•_•___• ___.,_______t___..____ -•..------------•-•- P WI 7 art IN 70 V. If after the information you have submitted has been reviewed, it is determined .t,hat further information rired you will be so add. APPLICANT: Commmitv Resources oç _on • Name (individual, partnership, joint venture, corporation, syndication) l335 Business Address V.. (619) 293-7650 V . • V Telephone NuraJer :•• : . CLo AGENT . DeveIggiren . V • . V P.OBox2143,Car1sbadça90Q8 -_ • V V V Business Address . V V V V . V V V • • V • (619) 434I056• V Telephone Number V V V V V •' V V V V V Nam (individual, partner, joint . rome Address . V V venture, corporation, syndic.tioii) • . V V Telephone Number . 'Telephone Number V V Name .• . . Home Addzess Bus:Lness Address V V • V V V V Telephone Number - V V Number V • V• V : (Attach more sheets if necessary) .- . V I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be' relied upon as being true and correct until amended. V V Applicant A qent, 0-.---ner, PaWir~tne~zr V V APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all appli- cants are required to complete this disclosure form at the time of submitting their application. When this form has been com- pleted and signed, the information will he relied upon by them in determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either gen- eral or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of-this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint vêntire, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. - Should one or more of the parties be a privately held corporation (10 shareholders or less) or a real estate syndication, then please state the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syn- dicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corpor-- ation be a publically held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the'corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it, ATTACHMENT TO DISCLOSURE STATEMENT Name Business Address. Dean Greenberg, 1335 Hotel Circle SOuth Chief Executive Officer Suite 201 San Diego, CA 92102 Scott N. Ferguson, H U President Dr. Charles J. Burstin, H Director irorcondoninium_Permit (4 cr loss units) on Form 2. General Requirement items: • - three (3) copies of itenu A-U - items K,L,O,P,Q 3. Conversion to Condominiums - list of names and addresses of all tenants of the units to be converted to condominiums. 4. Fee: $50.00 ± $1.00 per unit Site 0ev eloquent Plan 2. General Requirement Items - thirteen (13) copies of items A-I) - items EL 0, 3?, Q 3. Fee: $350.00 Conditional - Use L'er'nit/Spec'al -use -Permit 1. AppilcatlEn- Form - 2. General Requirement Items: - - thirteen (13) copies of items A-I) • - items E-Q (items M,N & 0 not required for Special Use Permit) 3. Fee $400.00 . M ' S I. SPECIFIC REQUIRFMENTS Gsnera?_Plan_Amendment/Zone Change 1. Application Form 2. General Requirement Items H-Q 3. Reproducible 12500 scale map of subject property showing requestea zoning and surrounding zoning and land uses. 4.' Fee: General Plan Amendment $200.00 + $5.00 per lot or , acre. Zone Change: $500.00 Master Plan/Specific Plan/Precise Development Plan 1. Application Form 2. General Requirement Items: * - eighteen (18) copies of items A-I) - items E-Q 3. Fee: Master Plan $1,000 + $2.00 per/acre Specific Plan $I,000.00 Master Plan Amendment: Minor $50,00+ 2.00 acre 'Major $500.00 + 2.00 acre Vcriance 1. Application Form 2. General Requirement Itsra: - thirteen (13) copies of item A - items H, G, Hr F-N, I if applicable, and P (see Title 19. Environmant) • - 3, Variance Supplemental Sheet 4. Fee: Single Family = $100.00 Other = $250.00 \ Planning -Ccemission -DetermInaticn T3iTToni: 2. One puge statement precisely indicating the determination request. - 3. General Rceuirement Items: - thirtecni (13) copies of items A and I) - items H,K, and L 4. Foes $23.00 - Aiminjstrntiv Variance LnForm 2, General Requirement Items - (3) o-pice of items A & U, if applicable - - items C, H, F-N, and P 3, Fee: $100.00 Tentative Tract Map rm 1. ApplTitT5Fo 2-. Eighte-eh (18) copies of the Tentative Tract Map 3. General Requirement Items -, eighteen (18) copies of items A-C - items H, G-K, R , Fee: $500.00 (1-25 lots or units) $73000 (26-100 lots or units) $1Q_(100 + lots or units) - Etensic-n: 1/2 of original fee Revision: 1/4 of tentative map and regular-fee on • addi1ional lots or acres. Planned Unit Development 1. Application Form 2. General Requirement Items: - eighteen 1 8) copies of items A-D - items E-Q 3. F.e: $00 Administrative Amendment $50.00 Major Amendment: $700 .0 0 Malor Condominium Permit (5 or more units) . TrcTo: Form 2. General Requirement Items: - ciqhtcen (18) copies of items A-U - toms E-Q 3.Cos,v ~,-r.nit,ri 2o Condominiums - lint of names and addresses of all tenants of the project, proof of notification of the tenants 60 days prior to filing tc:itE:t ive lflCp. 4. Fee: $5000 + $,00 per unit .On ''r tn n ra* r'r t o ltrI11 1--ri -. e_"- •"''- --:•;* II. GNF1A PiIPNTS . . . . ------------- . -j.-.- . . . -. . . Ot-ic (1) copy of colored site plan (24t'x36') . A Site plan: Shall inc1ue the fc11owing information: : - Oie ( 1) cOPY Of colored elevations (24"x36't ) - c —and acidressof applipant, engineer and/or One (1) copy each of 8 1/2"x11' site iOfl and elevations. architect, etc. ' h-1 I case.ments - One (I) copy of 03 1/2"x1" location map (suggested stale 1:200" - vicinity maps on the site plan are not acceptable) and vehicular, showing service areas and ints of ingress and egress . Environmental Impact Assessment Form ($100) - off-street parking and loading areas showing Public Facility Agreemeit: 2 copies: One (I) motorized location, number and typical dimension of spaces, and wheel stops. original, One (1) reproduc e d copy. - distances between buildings and/or structures . . Disclosure Statement - building setoac'?.s' (front, rear and sides) . - location, height, and materials of wails and fences ' •• - •Photos tat ic cop of deed with complete legal description of location of f'resstaridinm sig ns -. -: - subject property or other form of description acceptable to all crive'ays to scale on adjacent and across' the street proparties for a i'ond the )lanning Director. thcITö'fj act' s-e - nr± hddrec-S -d St am2q~L Envelopes tot Development Plan, Spec i al Use Permit existing curbs, cjuttcrs, sideals ar'd ex.st1g (10 1 eoei lte paving widths within 100 feet on adjacent and across and Minor Condominium Permit) 1) a typewritten list of the the street pronerties. . 0 names and addresses of all, property owners and occupants typical street section . - rithin a 300 foot radius of subject property. The list - any oxisting riedinn islands within 100 fet of ;hall Include. the San Diego County Assessor's parcel number subject site. from the .iateat assessment rolls. 2) Two separate sets of - nearest cross streets on beth,sides with plus or con- manes addressed stamped envelopes (four sets for condominium distances from subject site. versions) of the property owners and occupants within a - location of all buildings within'100feet-of'subject • 300--font- red ins of subject property. For any,address other properties. -. than single family residence, apartment or suite number must I- VIinity map showing major dross streets • -be included. DO C0T TYPE ASS ESSOR','; PARCEL N.1i'1BER ON ENVE- a suarrary table' indicating the following . 10255 AND LEAVE' RETURN OF ADDRESS BLANK. 3) F.or Con5ominium infcrnaticn: ' Conversions, two seosrate sets of, addressed, stamped enve- site acreage ....... . . . 'lopes of all exiting tenants is required. existing zone and land use ' 300 Fact RadiusMap • pr-posed land use .-:. '(Not needed for Site Development Plan, Special Use Permit L building coverage •.-. and Minor Condominium Permit). A map to scale not less than • building sq. footage .. .' 1 = 200' showinc each lot within 300 feet of the exterior percent landscaping . .... . iounc3a:ies of th e subject arcperty. Each o these lots • n13;r,ber of parking spaces. - . • ' shall he consecutively numbered and correspond wit1 the pro- be sq. footage of ooen/recreational . petty list. The scale of the,map may be reduced to space (if applicable) • --••. - a scale acceptable to the Planning Director if the required cubic footage-of storage space ' ' scale is impractical. • (if applicable) ' For residential projects within Vista, SanMarcos Encinita, or San D c"itc School D_sarlots, the ap p l i cant shell mdi- B'. PrelininagvGrat5inq'and .Drainage'plan* (24ux36u) cate whether he prefers to dedicate ,land for school .facili- - exiting ansed the site and within tics, to pay a fee in lieu thereof, or do a combination of 100 feet of the 'boundaries o the site. these. If the applicant prefers to dedicate land, he shall - elevations of the site ' ' - suggest the specific land, ' existing -on-site trees; those to be renoved and those . to be saved. 0 0 For residential projects within the Carlsbad Unified School District, the applicant shall submit written. confirmation ,C. Pre! iidnaryLandsca•e' and Plan* (24"06") _Irrigation that school facilities will he available and serve the - location of planting areas and€j,c plant materials project at tine of need. (quantity and size) - .- Preliminary Title Report - location of areas to be irrigated 0 -Q. .Proof of sewer availability if located in the Leucadia ' • County Water District. D nt •L U ry; FI cnr j'l fr (24"x36" R . St i ¶ m 'n 01 fl n 1 to w v' t' n t it we tract Ma p t i re • -- locaLior, and size of storage areas 0 0 - all beilrlulgs,1,tructures, wclls and/or fences, s.gns eMOTE: , r'L.L EXIIII3ITU MU ST ilK 'ODED IN A SIZE NOT TO EXSCEED and etoto liqhL, , 0 ( i/" ii", ' OPGEMEW'AL, INFORMATION FO14 1 VARIANCE 1) Gross Acres (or square footage, if less than acre). 2) Zone - 3). General Plan Land Use tsignaticn 4) By law a Variance may be approved only if certain facts are found to exist Please fead tise rédrernents carefully and explain how the proposed project meets each of these facts. Use additional sheets if necessary. a) Explain why there are exceptional or extraordinary circumstances or ccndit±ons applicable to the property or to the intended use that do not apply , generally to the other roerty Or class 'of use in the sthiie vicinity and zcne: b) Explain why such variance is necessary for the preservation arid enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied ft the property in qaest±on: c) Explain why the granting of such variance will not be materially detrimental to the public welfare or injuriou to the property or improv€nerits in such vicinity and zone in which tha property is located d) Explain thy the granting of such variance will not adversely affect the comprehensive general plan: I FORM: PLANNING 37, REVISED 3/80 • STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day-time restriction on Planning Commission processing of Tentative Maps and a thirty (30) daytime limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative. Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etd., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must he signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitirnents have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. - ••_Date SLgnature . • Name (Print) Relationship t55piication (Property Owner-Agent) Trameruca Title Insuranceimpany 4355 RUFFIN ROAD SAN DIEGO, CALIFORNIA 92123 (619) 565-8131 DATE OCTOBER 12 1983 ORDER NO. 0065143 COMMUNITY RESOURCES 2204 GARNET AVENUE SAN DIEGO, CALIFORNIA ATTN: TINA COURTNEY PRELIMINARY TITLE REPORT ------------ IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TRANSANERICA 11111 INSURANCE HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE FORM POLICY OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORM. THIS REPORT (AND ANY SUPPLEMENTS DR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REOUESTEU. DATED AS OF 7:30 A.M. OCTOBER 11, 1983 GApKIPr 7 (T4TLE' OP'FICER) THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: COMMUNITY RESOURCES CORPORATION, A NEVADA CORPORATION 7777FF Tramerica Title lnsurancempany THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA., COUNTY OF SAN DIEGO, CITY OF CARLSBAD, AND IS DESCRIBED AS FOLLOWS: LOTS 4 THROUGH 6., INCLUSIVE AND LOTS 11 AND 12 OF CARLSBAD TRACT NO. 79-27, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 10161, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 30, 1981. PAGE 2 0065143 IF Traamerwa Title lnsurance!omPanY ON THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES, a Lien, not yet due and payable. For Fiscal Year: 1983-84 2. "THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 498, STATUTES OF 1983 OF THE STATE OF CALIFORNIA." 3. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF EL CAMINO REAL WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID PUBLIC ROAD AS GRANTED IN DEED RECORDED MARCH 11., 1966 AS FILE NO. 042245 OF OFFICIAL RECORDS. The above item af+ects: LOT 1 OF THE HEREIN DESCRIBED 4. AGREEMENT on the terms and conditions contained therein. Purpose : REGARDING CERTAIN RESTRICTIONS AND LIMITATIONS IN RESPECTS TO CERTAIN SLOPE RIGHTS OVER THE HEREIN DESCRIBED LAND, FOR THE BENEFIT OF CERTAIN LANDS ADJACENT TO ANY REGIONAL SHOPPING CENTER. Dated : APRIL 20, 1966 Executed by: FAWCO. A PARTNERSHIP, BERNARD CITRON AND HARRY J.L. FRANK, JR., THE "OWNERS"; THE MAY DEPARTMENT STORE COMPANY, A NEW YORK CORPORATION, AND PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP Recorded, Official Records: APRIL 21, 1966 Series/Instrument No 66916 5. EASEMENT, and incidents thereto, In Favor oP : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION Recorded, O$+icial Records: MAY 28, 1974 Series/Instrument No.: 74-138506 Purpose : UNDERGROUND AND NECESSARY ABOVE GROUND STRUCTURES, FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND FOR ALL OTHER PURPOSES CONNECTED AND ALSO FOR PIPLINE(S) FOR THE TRANSMISSION AND DISTRIBUTION OF GAS. APPects : THE SAID EASEMENT AND RIGHT OF WAY IN THE AFOREDESCRIBED LANDS SHALL BE SIX FEET OR MORE IN WIDTH, BEING THREE FEET MEASURED AT RIGHT ANGLES, ON EACH SIDE OF EACH AND EVERY ELECTRIC AND GAS UTILITY FACILITY INSTALLED WITHIN THE AFOREDESCRIBED LANDS ON OR BEFORE DECEMBER 26, 1975. GRANTEE MAY FROM TIME TO TIME AFTER SAID DATE INSTALL WITHIN THE EASEMENT AND RIGHT OF WAY ADDITIONAL ELECTRIC AND GAS UTILITY FACITLITIES. PAGE 3 0065143 1! Traamerica Title Insurance mpany 6. AGREEMENT on the terms and conditions contained therein.. Purpose : IS REGARDING THE CONSTRUCTION, MAINTENANCE AND POSSIBLE COSTS PERTAINING TO CERTAIN ROADWAYS FOR ACCESS AND UTILITIES Dated : OCTOBER 26., 1977 Executed by: GROVE APARTMENTS INVESTMENT Co.. AND KAMAR CONSTRUCTION CO. Recorded, Official Records: MARCH 20., 1978 Series/Instrument No.: 78-108597 Location : NOT SET FORTH THEREIN 7. EASEMENT SHOWN ON FILED MAP., and incidents thereto, Purpose: SEWER, WATERLINE, DRAINAGE AND PUBLIC UTILITIES Affects: SAID LOTS 1 THROUGH 6, 11 AND 12 AS FOLLOWS: LOT 1: PRIVATE STREET - CIRCULO SANTIAGO LOT 2: PRIVATE STREET - CIRCULO SANTIAGO LOT 4: PRIVATE STREET - VIA CLEMENTE LOT 5: PRIVATE STREET - VIA LOS SANTOS LOT 6: PRIVATE STREETS - VIA FRANCISCA AND CALLE CABALLERO LOT 11: PRIVATE STREET - CALLE CABALLERO LOT 12: PRIVATE STREET - CALLE ARROYO S. EASEMENT SHOWN ON Purpose: DRAINAGE AND Affects: LOT 1 OF THE 9. EASEMENT SHOWN ON Purpose: WATERLINE Affects: LOT 12 OF THI FILED MAP., and incidents thereto., SEWER HEREIN DESCRIBED FILED MAP, and incidentsthereto, HEREIN DESCRIBED 10. EASEMENT, and incidents thereto, In Favor of : SAN DIEGO GAS & ELECTRIC COMPANY.,'A CORPORATION Recorded, Official Records: AUGUST 26, 1981 Series/Instrument No.: 81-272629 Purpose : 1.. POLES, WIRES, CABLES AND APPRUTENANCES FOR THE TRANSMISSION AND DISTRIBUTIO N OF ELECTRICITY.. 2. UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY. 3. PIPELINES AND APPURTENANCES FOR ANY AND ALL PURPOSES. 4. COMMUNICATION FACILITIES, OVERHEAD AND/OR UNDERGROUND AND APPURTENANCES. Affects : THE EASEMENT IN THE AFORESAID PROPERTY SHALL BE A STRIP OF LAND, INCLUDING ALL OF THE AREA LYING BETWEEN THE EXTERIOR SIDELINES, WHICH SIDELINES SHALL BE THREE (3) FEET, MEASURED AT RIGHT ANGLES, ON EACH EXTERIOR SIDE OF EACH AND EVERY FACILITY INSTALLED WITHIN SAID PROPERTY ON OR BEFORE AUGUST 15., 1982. AFFECTS: LOTS 1 THROUGH 6, INCLUSIVE 11 AND 12. THE LOCATION OF WHICH IS NOT SET OUT THEREIN.. PAGE 4 0065143 rTraamer1ea Title Insurance loompany 11. AGREEMENT-on the terms and conditions contained therein. Purpose : OF GRANTING A LICENSE TO ENTER UPON THE HEREIN DESCRIBED LAND FOR THE PURPOSE OF MAINTENANCE AND REPAIR OF THE LANDSCAPING AND VEGETATION THEREON, TOGETHER WITH THE IRRIGATION SYSTEM WHICH SERVES THE SAME Dated : NOVEMBER 11, 1981 Executed by: GENSTAR DEVELOPMENT INC., A NEW YORK CORPORATION (BROADMOOR), T.L. SHELDON ENTERPRISES, A CALFORNICA If CORPORATION (SHELDON) AND HUNT ENTERPRISES, A CALIFORNIA CORP. (HUNT) Recorded, Official Records NOVEMBER 25, 1981 Series/Instrument No.: 81-374327 12.. AGREEMENT on the terms and conditions contained therein. Purpose : IS REGARDING PAYMENT OF FEES FOR CERTAIN PUBLIC FACILITIES NECESSARY TO SERVE THE DEVELOPMENT Dated : MARCH 4, 1980 Executed by: GENSTAR DEVELOPMENT INC., A NEW YORK CORPORATION (BROADMOOR), T.L. SHELDON ENTERPRISES, A CALIFORNIA Recorded, Official Records: JULY 27, 1982 Series/Instrument No..: 82-229266 13. EASEMENT, and incidents thereto, In Favor of : PACIFIC TELEPHONE AND TELEGRAPH COMPANY, A CORPORATION Recorded, OFficial Records MARCH 1, 1983 Series/Instrument No..: 83-064032 Purpose : UNDERGROUND COMMUNICATION STRUCTURES Affects : ALL THOSE PORTIONS OF LOTS 1, 2, 4, 5, 6, 11 AND 12 INCLUSIVE LYING WITHIN THE SEWER, WATERLINE, DRAINAGE, PUBLIC UTILITIES AND ACCESS EASEMENTS AS SHOWN ON SAID MAP 14. DEED OF TRUST for the original amount shown below, and any other amounts payable under the terms thereof. Original Amount: $12,000,000.00 Dated : APRIL 13, 1983 Recorded, Official Records: APRIL 14, 1983 Series/Instrument No.: 83-119874 Trustor : COMMUNITY RESOURCES CORPORATION, A NEVADA CORPORATION Trustee : TRANSAMERICA TITLE COMPANY OF SAN DIEGO Beneficiary: VERNON SAVINGS AND LOAN ASSOCIATION, A TEXAS SAVINGS AND LOAN ASSOCIATION PAGE 5 0065143 777F Tramerica Title Insuranceimpany ASSIGNMENT OF RENTS AND LEASES AS ADDITIONAL FOR THE ABOVE INSTRUMENT - BY: COMMUNITY RESOURCES CORPORATION, A NEVADA CORPORATION TO: VERNON SAVINGS & LOAN ASSOCIATION, A TEXAS SAVINGS AND LOAN ASSOCIATION DATED: APRIL 13, 1993 RECORDED, OFFICIAL RECORDS: APRIL 14., 1983 SERIES! INSTRUMENT NO.: 83-119975 THE ABOVE ITEM AFFECTS THIS AND OTHER PROPERTY. 15. AN ASS IGNMENT OF PROFITS BY: COMMUNITY RESOURCES CORPORATION, A NEVADA CORPORATION TO: VERNON SAVINGS & LOAN ASSOCIATION, A TEXAS SAVINGS AND LOAN ASSOCIATION DATED: APRIL 13, 1983 RECORDED, OFFICIAL RECORDS: APRIL 15, 1983 SERIES/INSTRUMENT NO.: 83-119877 16. AN ASSIGNMENT OF CONTRACTS AND SALES PROCEEDS BY: COMMUNITY RESOURCES CORPORATION, A NEVADA CORPORATION TO: VERNON SAVINGS & LOAN ASSOCIATION, A TEXAS SAVINGS AND LOAN ASSOCIATION DATED: APRIL 13, 1983 RECORDED, OFFICIAL RECORDS: APRIL 14, 1983 SERIES/INSTRUMENT NO. 83-119878 17. AGREEMENT on the terms and conditions contained therein. Purpose : AGREEMENT FOR THE PAYMENT OF A PUBLIC FACILITIES FEE Dated : APRIL 15, 1983 Executed by: COMMUNITY RESOURCES CORPORATION AND THE CITY OF CARLSBAD Recorded, Official Records: MAY 4 1 1983 Series/Instrument No.: 83-146497 Unless shown in the body of this preliminary report there appears of record no transfers or agreements to transfer the land described herein recorded during the period of six months prior to the date of this report, except as follows: --- NONE--- PAGE 6 0065143 er 760 0 3 AC 9) S)-$T 2 32 PAR A SEC 9 I I0.40AC 4.2-0 AC .1 - "I 8 2.60C 8473/ . 1.04 AC -7 41 ELM RESERVIOR SITE Q91 AC - PAR.I '&d) "k •c MAP 10161 - CARLSBAD TCT NO 79-27 (c0NDM) SEC 32 - TI IS-R4* - POR W 1,2 4 inirisamerica Title Services FIRST RATE SERVICE AT A FAIR PRICE TS1ERICA RFFIM ROAD SAN DIEU, CALIFORNIA 92123 £19-563-8131 JENKINS & PERRY 225 BROADWAY, NO. 1900 SAN DIEGO CA 92101 ATTN: ALAN PERRY TEL.NO. 231-2500 04 COPIES c/a TA 13-02 00 CCR COMMUNITY RESOURCES 1335 HOTEL CIRCLE SO. SAN DIEGO CA 92108 TELINOS 293-7630 02 COPIES c/a TA 13-02, 00 CCR ORDER NUMBER: 13-02-0063428 TITLE NUMBER: - - PRELIMINARY REPORT IN RESPONSE TO THE ABOVE RElERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TRAXSfiVJUfi TITLE INSURANCE L1PMY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, DR CAUSE TO BE ISSUED, AS OF THE DATE IIEREIJ. (I CALIFORNIA AND TITLE ASSOCIATION STANDARD C(WERACE FORN POLICY OF TITLE INSURANCE DESCRIBDI THE LAND AND THE ESTATE DR IN- FEREST THEREIN HEREINAFTER SET FORM, INSURING AGAINST LOSS UHICH MY BE SUSTAINED BY REASON OF ANY DEFECT, 1101 OR NCU1IBRANCE NOT 5NOV11 OR REFERRED 10 AS All EXCEPTION $CLOV OR HUT EXCLUDED FRUIt COUE:RAG€ PURSUANT TO THE PRIIIIED CHEDULE5, CONDITIONS AND STDWL*TIIS OF SAID POLICY INtl. THIS REPORT (AND ANY SUPPLEHEIITS OR ANENDIIEKTS THERE 10) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATIEG THE SSUANCE OF A POLICY OF TITLE INSURf*E AND NO LIABILITY IS ASSUIIED HEREBY. IF IT IS DESIRED THAT LIABILITY BE SSlMED PRIOR TO THE ISSUANCE IF * POLICY OF TITLE INSURANCE, A BINDER OR COMITIIEHI SHOULD BE REQUESTED. DATED AS OF NOVEMBER 24. 1982 at 7:00 A.M. GARY TRIPHAN (OFFICER) PAGE 1 - T Transamerica Title Services FIRST RATE SERVICE AT FAIR PRICE 13-02-0063428 The estate or interest in the land described herein is a: FEE SIMPLE ON THE DATE SHM tfiDUE. THE ESTATE WI IK1ERET REFEREED 10 HEREIN IS UETED IM: GENSTAR DEVELOPMENT INC... A NEW YORK CORPORATION The land referred to herein is situated in the State of CALIFORNIA County of SAN DIEGO • City of CARLSBAD and is described as follows: LOTS 1 THROUGH 12, INCLUSIVE OF CARLSBAD TRACT NO. 79-27, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP NO. 10161 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON JULY 30, 1981. ASSESSOR'S PARCEL NUMBER : 167-250-27,,167-250-28, 167-250-33. 167-250-32, 167-250-31, 167-250-30, 167-250-35, 167-250-36, 167-250-381 167-250-37, 167-250-29, 167-250-34 WI THE DATE HEREDI EXCEPTIONS 10 COUCRACE DI ADDITION III THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IH SAID POLICY romt VWL0 K is rous: ITEM: A. COUNTY TAXES, as follows: For Fiscal Year: 1982-83 First Installment: *1.904.56 - OPEN Second Installment: *1.904.56 - OPEN Land Value: *340.000.00 Account No.: 167-250-27 Code Area No.: 09000 ITEM: A. 01 THE ABOVE ITEM AFFECTS: LOT 1 OF THE HEREIN DESCRIBED PAGE 2 T Transamerica Title Services FIRST RATE SERVICE ATA FAIR PRICE 13-02-0063428 ITEM: A.02 COUNTY TAXES, as follows: For Fiscal Year: 1982-83 First Installment: $2632..77 - OPEN Second Installment: $2632.77 - OPEN Land Value: $470000.00 Account No.: 167-250-28 Code Area No: 09000 ITEM: A.03 THE ABOVE ITEM AFFECTS LOT 2 OF THE HEREIN DESCRIBED ITEM: A. 04 COUNTY TAXES, as follows: For Fiscal Year: 1982-83 First Installment: NO TAXES DUE Second Installment: NO TAXES DUE Account No..: 167-250-33 Code Area No.: 09000 ITEM: A.05 THE ABOVE ITEM AFFECTS: LOT 3 OF THE HEREIN DESCRIBED ITEM: A.06 COUNTY TAXES as follows: For Fiscal Year: 1982-83 First Installment: $1260.37 - OPEN Second Installment: $1,260.37 - OPEN Land Value: $225000.00 Account No.: 167-250-32 Code Area No.: 09000 ITEM: A.07 THE ABOVE ITEM AFFECTS: LOT 4 OF THE HEREIN DESCRIBED PACE 3 TIransamerica tte Services FIRST RATE SERVICE ATA FAIR PRICE 13-02-0063428 ITEM: A. OEI COUNTY TAXES as follows: For Fiscal Year: 1982-83 First Installment: $2285.47 - OPEN Second Installment: $2,285.47 - OPEN Land Value: $408,000.00 Account No.: 167-250-31 Code Area No.: 09000 ITEM: A.09 THE ABOVE ITEM AFFECTS: LOT 5 OF THE HEREIN DESCRIBED ITEM: A.10 COUNTY TAXES, as follows: For Fiscal Year: 1982-83 First Installment: $3.809.12 - OPEN Second Installment: $3,809.12 - OPEN Land Value: *680.000.00 Account No.: 167-250-30 Code Area No.: 09000 ITEM: A. 11 THE ABOVE ITEM AFFECTS: LOT 6 OF THE HEREIN DESCRIBED ITEM: A. 12 COUNTY TAXES, as follows: For Fiscal Year: 1982-83 First Installment: NO TAXES DUE Second Installment: NO TAXES DUE Account No..: 167-250-35 Code Area No.: 09000 ITEM: A. 13 THE ABOVE ITEM AFFECTS: LOT 7 OF THE HEREIN DESCRIBED PAGE 4 T Transamerica • Title Services FIRST RATE SERVICE AT FAIR PRICE 13-02-0063428 ITEM: A.20 COUNTY TAXES, as follows: For Fiscal Year: 1982-83 First Installment: NO TAXES DUE Second Installment: NO TAXES DUE Account No.: 167-250-29 Code Area No.: 09000 ITEM: A. 21 THE ABOVE ITEM AFFECTS: LOT 11 OF THE HEREIN DESCRIBED ITEM: A.22 COUNTY TAXES, as follows: For Fiscal Year: 1982-83 First Installment: NO TAXES DUE Second Installment: NO TAXES DUE Account No.: 167-250-34 Code Area No.: 09000 ITEM: A.23 THE ABOVE ITEM AFFECTS: LOT 12 OF THE HEREIN DESCRIBED ITEM: 1. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF EL CAMINO REAL WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID PUBLIC ROAD AS GRANTED IN DEED RECORDED MARCH 11. 1966 AS FILE NO. 042245 OF OFFICIAL RECORDS. AFFECTS: LOT 1 OF THE HEREIN DESCRIBED ITEM: 2. AGREEMENT on the terms and conditions contained therein. Dated: APRIL 20, 1966 Recorded Official Records: APRIL 21 1966 SeriesfIntrument No.: 66916 Location: NOT SET FORTH THEREIN PURPOSE: REGARDING CERTAIN RESTRICTIONS AND LIMITATIONS IN RESPECTS TO CERTAIN SLOPE RIGHTS OVER THE HEREIN DESCRIBED LANDS FOR THE BENEFIT OF CERTAIN LANDS ADJACENT TO ANY REGIONAL SHOPPING CENTER PAGE 6 T Transamerica Title Services FIRST RATE SERVICE AT A FAIR PRICE ® 13-02-0063428 EXECUTED BY AND BETWEEN: FAWCO, A PARTNERSHIPS BERNARD CITRON AND HARRY J.L. FRANK1 JR., THE "OWNERS"; THE MAY DEPARTMENT STORE COMPANY. A NEW YORK CORPORATION, AND PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP ITEM: 2.01 SAID AGREEMENT WAS AMENDED BY DOCUMENTS RECORDED JULY 28, 1969 AS FILE NO. 135915 AND AUGUST 15, 1978 AS FILE NO. 78-346433 BOTH OF OFFICIAL RECORDS. REFERENCE IS HEREBY MADE TO SAID AGREEMENT AND ITS AMENDMENTS FOR FULL AND FURTHER PARTICULARS. ITEM: 3. EASEMENT# and incidents thereto, Granted to: THE CITY OF CARLSBAD Recorded, Official Records: APRIL 2, 1973 Series/Instrument Mo.: 73-085551 Purpose: PUBLIC DRAINAGE AFFECTS: THE CENTERLINE OF A 12 FOOT DRAINAGE EASEMENT LOCATED IN A PORTION OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, INTHE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED DECEMBER 27, 1870, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 32, THENCE ALONG THE WESTERLY LINE OF SAID SECTION 32, NORTH 1 DEGREES, 03 MINUTES, 10 SECONDS EAST, 2263.6 6 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 89 DEGREES. 11 MINUTES, 20 SECONDS EAST, 669.99 FEET; THENCE NORTH 00 DEGREES, 48 MINUTES, 40 SECONDS EAST, 158.00 FEET; THENCE NORTH 35 DEGREES, 05 MINUTES, 53 SECONDS EAST. 26.63 FEET; THENCE SOUTH 89 DEGREES, 11 MINUTES, 20 SECONDS EAST, 25.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 500.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5 DEGREES, 56 MINUTES, 45 SECONDS, AN ARC DISTANCE OF 51.89 FEET; THENCE TANGENT TO SAID CURVE SOUTH 83 DEGREES, 14 MINUTES. 35 SECONDS EAST. 110.39 FEET; THENCE NORTH 6 DEGREES 45 MINUTES, 25 SECONDS EAST, 305.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 31 DEGREES, 38 MINUTES, 10 SECONDS WEST, 62.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 30.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 51 DEGREES, 33 MINUTES, 58 SECONDS, AN ARC DISTANCE OF 27.00 FEET TO THE END OF SAID EASEMENT. AFFECTS: LOT 9 OF THE HEREIN DESCRIBED. PAGE 7 T, Transamerica Title Services 4 FIRST RATE SERVICE AT FAIR PRICE 13-02-0063428 ITEM: 4. EASE:MENT, and incidents thereto, Granted to: THE CITY OF CARLSBAD Recorded, Official Records; APRIL 2, 1973 Series/Instrument No.: 73-085558 Purpose; Drainage AFFECTS: THE CENTERLINE OF A 12 FOOT DRAINAGE EASEMENT LOCATED IN A PORTION OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED DECEMBER 27, 1870, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTIONS 32. THENCE ALONG THE WESTERLY LINE OF SAID SECTION 32, NORTH 1 DEGREES, 03 MINUTES, 10 SECONDS EAST, 2263. 66 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 89 DEGREES, 11 MINUTES, 20 SECONDS EAST, 669.99 FEET; THENCE NORTH 00 DEGREES, 48 MINUTES, 40 SECONDS EAST, 150.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES, 48 MINUTES, 40 SECONDS EAST, 8.00 FEET; THENCE NORTH 35 DEGREES, 05 MINUTES, 53 SECONDS EAST, 26.63 FEET; THENCE SOUTH 89 DEGREES, 11 MINUTES, 20 SECONDS EAST, 25.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 500.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5 DEGREES, 56 MINUTES, 45 SECONDS, AN ARC DISTANCE OF 51.89 FEET; THENCE TANGENT TO SAID CURVE SOUTH 83 DEGREES, 14 MINUTES, 35 SECONDS EAST, 110.39 FEET. AFFECTS: LOT 8 OF THE HEREIN DESCRIBED. ITEM: 5. EASEMENTS and incidents thereto. Granted to: THE CITY OF CARLSBAD Recorded, Official Records: APRIL 2, 1973 Series/Instrument No..: 73-085559 Purpose: Drainage AFFECTS: THE CENTERLINE OF 12 FOOT DRAINAGE EASEMENT LOCATED IN A PORTION OF SECTION 321 TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED DECEMBER 27, 1870, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 32, THENCE ALONG THE WESTERLY LINE OF SAID SECTION 32, NORTH 1 DEGREES, 03 MINUTES, 10 PAGE 8 T Transamerica Title Services FIRST RATE SERVICE ATA FAIR PRICE 13-02-0063428 SECONDS EAST, 2263.66 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 89 DEGREES, 11 MINUTES, 20 SECONDS EAST, 145.99 FEET; THENCE NORTH 18 DEGREES, 59 MINUTES, 57 SECONDS EAST, 74.17 FEET; THENCE NORTH 55 DEGREES, 31 MINUTES, 43 SECONDS EAST, 124.11 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 55 DEGREES, 31 MINUTES, 43 SECONDS EAST, 18.39 FEET; THENCE NORTH 16 DEGREES, 52 MINUTES, 13 SECONDS EAST, 24.08 FEET TO A POINT ON A NON—TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 6 DEGREES, 31 MINUTES, 22 SECONDS WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7 DEGREES, 20 MINUTES, 02 SECONDS, AN ARC DISTANCE OF 64.00 FEET; THENCE TANGENT TO SAID CURVE SOUTH 89 DEGREES, 11 MINUTES, 20 SECONDS EAST, 147.09 FEET TO A POINT ON A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 30.00 FEET THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 DEGREES, 00 MINUTES, 00 SECONDS, AN ARC DISTANCE OF 47.12 FEET; THENCE TANGENT TO SAID CURVE NORTH 00 DEGREES, 48 MINUTES, 40 SECONDS EAST, 95.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 100.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28 DEGREES, 00 MINUTES, 00 SECONDS, AN ARC DISTANCE OF 48.97 FEET; THENCE TANGENT TO SAID CURVE NORTH 27 DEGREES, 12 MINUTES, 20 SECONDS WEST, 64.00 FEET. AFFECTS: LOTS 8 9 AND 10 OF THE HEREIN DESCRIBED. ITEM: 6. EASEMENTS and incidents thereto, Granted to: SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION Recorded Official Records: MAY 28, 1974 Series/Instrument No.: 74-138506 Purpose: UNDERGROUND AND NECESSARY ABOVE GROUND STRUCTURES FOR THE TRANSMISSION & DISTRIBUTION OF ELECTRICITY & FOR ALL OTHER PURPOSES CONNECTED, AND ALSO FOR PIPELINE(S) FOR THE TRANSMISSION & DISTRIBUTION OF GAS AFFECTS: THE SAID EASEMENT AND RIGHT OF WAY IN THE AFOREDESCRIBED LANDS SHALL RE SIX FEET OR MORE IN WIDTH, BEING THREE FEET MEASURED AT RIGHT ANOLES, ON EACH SIDE OF EACH AND EVERY ELECTRIC AND GAS UTILITY FACILITY INSTALLED WITHIN THE AFOREDESCRII3ED LANDS ON OR BEFORE DECEMBER 26, 1975. GRANTEE MAY FROM TIME TO TIME AFTER SAID DATE INSTALL WITHIN THE EASEMENT AND RIGHT OF WAY ADDITIONAL ELECTRIC AND GAS UTILITY FACILITIES. THE LOCATION OF WHICH IS NOT SET OUT THEREIN. PAGE 9 H1I Transamerica Services FIRST RATE SERVICE AT A FAIR PRICE ® 13-02-0063428 ITEM: 7. AGREEMENT on the terms and conditions contained therein. Purpose: IS REGARDING THE CONSTRUCTION, MAINTENANCE AND POSSIBLE COSTS PERTAINING TO CERTAIN ROADWAYS FOR ACCESS AND UTILITIES Dated: OCTOBER 26, 1977 Executed by: AND BETWEEN GROVE APARTMENTS INVESTMENT CO. AND KAMAR CONSTRUCTION CO. Recorded, Official Records: MARCH 20 1978 Series/Instrument No.: 78-108597 Location: NOT SET FORTH THEREIN ITEM: 7.01 BY VIRTUE OF MODIFICIATIONS RECORDED OCTOBER 16, 1978 AND NOVEMBER 24, 1982 AS FILE NUMBERS 78-440517 AND 82-363510 RESPECTIVELY, THE TERMS OF THE ABOVE AGREEMENT WERE AMENDED AS PROVIDED THEREIN. ITEM: S. THE EFFECT OF AN UNRECORDED AGREEMENTS DATED SEPTEMBER 12, 1960 BY AND BETWEEN L. ALLAN JANDRO AND L. AFTON JANDRO, HUSBAND AND WIFE AND RILDAN, INC., A CALIFORNIA CORPORATION, AS DISCLOSED BY A DEED RECORDED FEBRUARY 29, 1980 AS FILE NO. 80-068912 OF OFFICIAL RECORDS, UPON ALL TERMS AND CONDITIONS CONTAINED THEREIN. ITEM: 9. THE FOLLOWING ITEMS AS DISCLOSED BY ALTA SURVEY DATED MARCH 18 1980 AND PREPARED BY KLEMA ENGINEERS, INC. A. A 15 FOOT WATER LINE EASEMENT ACROSS THE WESTERLY PORTION OF LOT 10. B. A 40 FOOT LONG HEADWALL DRAIN INLET EXTENDING SOUTHERLY FROM NORTHERLY LINE OF LOTS 9 AND 10. C. A 4.5 FOOT BY 8 FOOT CATCH BASIN ON THE NORTHERLY LINE OF LOT 10. D. THE ENCROACHMENT OF A 6 INCH WIDE CURB AND GUTTER ALONG THE NORTHERLY LINE OF LOTS 9 AND 10.. E. THE ENCROACHMENT OF 5 FOOT OV ERHANG FOR THE CENTRAL FEDERAL BANK BUILDING UPON THE NORTHERLY PORTION OF LOT 10.. F. A 50 FOOT LONG 4 FEET HIGH STONE WALL ENCROACHING UPON THE NORTHERLY PORTION OF LOTS 9 AND 10. G. A 99 FOOT LONG 8 FOOT HIGH STONE WALL ENCROACHING UPON THE NORTHERLY PORTION OF LOTS 9 AND 10. H. A 10 FOOT LONG HEADWALL DRAIN—IN—LET EXTEENDING SOUTHERLY FROM THE NORTHERLY BOUNDARY OF LOT 9. PAGE 10 1F Transamerica -- Title Services FIRST RATE SERVICE AT A FAIR PRICE 13-02-006:3428 I. A 5 FOOT BY 10 FOOT CONCRETE VAULT LOCATE NEAR THE WESTERLY BOUNDARY LINE OF LOT 10. J. A 16 6 FOOT LONG 6 FOOT HIGH STONE WALL ENCROACHING UPON THE NORTHERLY PORTION OF LOTS 9 AND 10. K. A 5 FOOT BY 5 FOOT STORM DRAIN HEADWALL LYING NEAR THE NORTHEASTERLY BOUNDARY OF LOT 1. ITEM: 10. EASEMENTS FOR SEWER, WATERLINE, DRAINAGE, PUBLIC UTILITIES AND ACCESS ALL AS DEDICATED TO THE CITY OF CARLSBAD ON THE RECORD MAP OF SAID TRACT AS SHOWN AND DELINEATED THEREON, AFFECTING SAID LOTS I THROUGH 12 AS FOLLOWS: LOT 1: PRIVATE STREET - CIRCULO SANTIAGO LOT 2: PRIVATE STREET - CIRCULO SANTIAGO LOT 4: PRIVATE STREET - VIA CLEMENTE LOT 5: PRIVATE STREET - VIA LOS SANTOS LOT 6: PRIVATE STREETS - VIA FRANC ISCA AND CALLE CABALLERO LOT 7: PRIVATE STREET LOT 8: PRIVATE STREET LOT 9: PRIVATE STREET LOT 10: PRIVATE STREET LOT 11: PRIVATE STREET LOT 12: PRIVATE STREET UN—NAMED UN—NAMED AVENIDA MAGNIFICA AVENIDA MAGNIFICA CALLE CABALLERO CALLE ARROYO ITEM: 11. EASEMENTS FOR DRAINAGE AND SEWER AND INCIDENTALS THERETO OVER THOSE CERTAIN 12 FOOT STRIPS AS SHOWN AND DELINEATED ON THE RECORD MAP OF SAID TRACT. AFFECTING: LOTS 1, 8 AND 9 OF THE HEREIN DESCRIBED. ITEM: 12. EASEMENTS FOR WATERLINE AND INCIDENTALS THERETO OVER THOSE CERTAIN 1544D 12_ FOOT STRIPS OF LAND AS SHOWN AND DELINEATED ON THE RECORD MAP OF SAID TRACT. AFFECTING: LOTS 8, 10 AND 12 OF THE HEREIN DESCRIBED. ITEM: 13. PAGE 11 ,r Transamerica Title Services FIRST RATE SERVICEATA FAIR PRICE 13-02-0063428 THE EFFECT OF THE FOLLOWING RECITAL AS CONTAINED ON THE SUBDIVISION RECORD MAP. "ALL LOTS SHALL HAVE IRREVOCABLE AND RECIPROCAL ACCESS RIGHTS ACROSS ALL LOTS SHOWN ON THIS MAP." ITEM: 14. EASEMENTs and incidents thereto, Granted to: SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION Recorded, Official Records: AUGUST 26, 1981 Series/Instrument No.: 81-272629 PURPOSE: 1. POLES, WIRES, CABLES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY. 2.. UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY. 3. PIPELINES AND APPURTENANCES FOR ANY AND ALL PURPOSES. 4.. COMMUNICATION FACILITIES, OVERHEAD AND/OR UNDERGROUND AND APPURTENANCES. AFFECTS: THE EASEMENT IN THE AFORESAID PROPERTY SHALL BE A STRIP OF LAND, INCLUDING ALL OF THE AREA LYING BETWEEN THE EXTERIOR SIDELINES, WHICH SIDELINES SHALL BE THREE (3) FEET, MEASURED AT RIGHT ANGLES, ON EACH EXTERIOR SIDE OF EACH AND EVERY FACILITY INSTALLED WITHIN SAID PROPERTY ON OR BEFORE AUGUST 15, 1982. AFFECTS: LOTS 1 THROUGH 12 INCLUSIVE. THE LOCATION OF WHICH IS NOT SET OUT THEREIN. ITEM: 15. AGREEMENT on the terms and conditions contained therein. Dated: NOVEMBER 11, 1981 Recorded, Official Records: NOVEMBER 25, 1981 Series/Instrument No.: 81-374327 PURPOSE: OF GRANTING A LICENSE TO ENTER UPON THE HEREIN DESCRIBED LAND FOR THE PURPOSE OF MAINTENANCE AND REPAIR OF THE LANDSCAPING AND VEGETATION THEREON. TOGETHER WITH THE IRRIGATION SYSTEM WHICH SERVES THE SAME EXECUTED BY AND BETWEEN: QENSTAR DEVELOPMENT INC.. A NEW YORK PAGE 12 T Transamerica Title Services 0 FIRST RATE SERVICE ATA FAIR PRICE 13-02-0063428 CORPORATION (BROADMOOR)1 T.L. SHELDON ENTERPRISES, A CALIFORNIA CORPORATION (SHELDON) AND HUNT ENTERPRISES, A CALIFORNIA CORP.. (HUNT) ITEM: 15.01 SAID AGREEMENT IS PURSUANT TO AN UN-RECORDED AGREEMENT BY AND BETWEEN SAID PARTIES WHICH WAS EXECUTED CONCURRENTLY THEREWITH AND MADE A PART THEREOF BY REFERENCE CONTAINED THEREIN.. ITEM: 16. AGREEMENT on the terms and conditions contained therein.. Purpose: IS REGARDING PAYMENT OF FEES FOR CERTAIN PUBLIC FACILITIES NECESSARY TO SERVE THE DEVELOPMENT Dated: MARCH 4 1980 Executed by: EXECUTED BY AND BETWEEN: GENSTAR DEVELOPMENT INC., A NEW VOR CORPORATION (BROADMOOR). T.L. SHELDON ENTERPRISES, A CALIFORNIA Recorded, Official Records: JULY 27, 1982 Series/Instrument No.: 82-229266 Location: AFFECTS ALL OF THE HEREIN DESCRIBED. UNLESS SHOW IM THE E[1DY OF THIS PRELIMINARY REPORT THERE APPEARS OF RECORD NO TRANSFERS OR AGREEMENTS TO TRMSfER THE LAND DESCRIBED HEREIN RECORDED DURING THE PERIOD 1W SIX MUWINS PRIOR TO THE CT( OF THIS REPORT, EXCEPT AS FOILmIS: **NONE*** SHORT TERM RATE DOES NOT APPLY PAGE 13 I SHT2 if( 55 --- 10 SEC 3Z 4.20 AC 6.00 AC Fn U Cl) 56 33 SHT2 94.OAC. 3 S3 32 . 'uw . • 56 !~YD MAPPED FOR ASSESSMENT PURPOSES ONLY SAN DIEGO cOJN1Y ASSESSO R 'S MItE' SK 167 PG 25 or 4 I E63 AC 6 IC ?) 3 \c;\\ 4 ir 0 f •o .? . IA 40 AC the Company assumes bo 1iab1L1ity or any lo-'s occurring by reason of t15rc tht'eon." - f..i4• 41 .- I. MAP 10161 — CARLSBAD TCT NO 79-27 (COND) SEC 32 -TflS-R4 - Pn,rj, Y! 1/2 REORDlNG REQUESTED 1% RANSAMERICA TITLE INSURANCE COMPANY AND WHEN RECORDED MAIL TO ,ame ROMMUNITY RESOURCES CORPORATION tr..t 1335 Hotel Circle South Address San Diego, California 92108 lip L 00 THIS INSTRUMENT IS CERTIFIED TO BE A TPW AND EXACT COPY. F THATFAIN IN3HIThflEN REOORDID ON - IN IN THE OFFICE OF THMEOUT DIEGO COUNTY, SPACE ABOVE THIS LINE FOR RECORDER'S USE - MAIL TAX STATEMENTS TO lame P 7 treet Address tty ;stS AP#'s lôl-Jf-27, 28, 33, 32, 31, 30, 35, 36, 3837, 29 and 34 DOCUMENTARY TRANSFER TAX $ MPIJTEDON FULL VALUE O PROPERTY CONVEYED. COMPUTED ON FULL VAL E LESS LIENS AND CUMNCES REMAININCY AT TIME OF SALE. TATco Signature of Declarant or Agent determining fax. Firm Name same as above GRANT DEED (CORPORATION) By this instrument dated ---------------------------------- April12 --------- ---------- GENSTAR DEVELOPMENT, INC., a New York Corporation (Escrow ---------- ) , for a valuable consideration, hereby GRANTS to COMMUNITY RESOURCES CORPORATION, A Nevada Corporation the following described Real Property in the State of California, County of. aJiDi.eglL City of--------Carlsbad Lots l.thru 12, inclusive of Carlsbad Tract No. 79-27,-in the City of Carlsbad, County of San Diego, State of California, according to Map No. 10161, as filed in the Office of the County Recorder of San Diego County, July 30, 1981. CENSTAR DEVELOPMENT, INC., a New York Corporation 'If j ! I \ÀVice President L.(! Authorized Agent STATE OF CALIFORNIA O0..ApriL. ... 13 ....................... 19.3-----before me, the undersigned, a Notary Public in and for said SS. County and State, personally appeared .......................................................... COUNTY OF.S.an...fliaga and .........Wi11iauL.F......S.lQw.......................................... ................................. known to me to be the and .......... Authorized ---------------------------------------respectively of the Corporation that executed the within instrument on behalf of the Corporation therein nameLand acknowledged to me that such Corporation executed the same. ; _.__) ..i/ ' / OFFICIAL l- 1 Notarys Signature .1....................74'.................... PATRICIAE.KING 'I [f4 NOTARY PUBLIC-CALIFORNIA PRINCIPAL Off ICE IN SAM DIEÜO COUNTY My (xpfres Jul 29 1983 MAIL TAX STATEMENTS AS DIRECTED ABOVE I S RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, Cali4ornia 92008 ) Space above this line for Recorder's use Documentary transfer tax: $ No fee Signature ot declarant determining - tax-firm name City of Carlsbad Parcel No. /67 So 73 • AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENTOFAPUBLICFACILITIESFEE THIS AGREEMENT is entered into this _15 day of _, I9ç by and between Communit y Resources_Corporation (name of developer-owner) /! B Corr-i, , hereinafter referred to as (Corporation, partnership, etc.) 7 "Developer" whose address is T-1(-)f-1_Cirr1 _m1-h,_iifl- _701 (Street) San _Diego,_ Ca. _21O8 and THE CITY OF / (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described • on Exhibit "A:, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: • • REV 4-2-82 I4IP /tià Cr13 7 on said Property, which development carries the proposed name of Pueblo Del Oro and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 15 day of April 19_3, with the City a request for (49 hereinafter referred to as "Request"; and cr WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated April 2, 1982, in file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional-need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services, will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. -2- REV 4-2-82 I VOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the building or structures to be constructed in the Development pursuant. to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion o f existing building or structures into condominiums in an amount not to exceed 2% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit " and "entitlement for use" as used in this agreement, except in reference to mobilehome sits or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer shaLl pay to City a public facilities fee in the sum of $1,150 for each niobilehome space to be constructed pursuant to the Request. The fee shall be paid pri.or to the issuance of building or other construction permits for the development. This fee shall be ii addition to any fees, dedications Or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. -3- REV 4-2-82 I 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a•site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. Developer shall be entitled to the full credit due Genstar, previous owner, under their 3/4/80 Agreerent. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public .facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. -4- • 6. All obligations hereunder shall terminate in the event the Requests made by Developer are not approved. 7. Any notice from one party to the other shall be in writing, 'I and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manne,s: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address .set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and the City, and references to Developer or City herein shall be deemed to be reference to and include their respective successors and assigns fithout specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations, of this agreement have been satisfied, City shall record a release. —5- n IN WITNESS WHEREOF, this agreement is executed in San Diego County, .California as of the date first written above. DEVELOPER -OWNER: orojjmni ty B.soume a Corpor a tion_ (name) Dean Gre (it1e) Chairman of the Board BY .CITY OF CARLSEAD, a municipal .corporation of the State of California -BY - City Manager (Tit fT ATTEST: ET}3A L, RAUTENKRANZ, City Clerk APPROVED AS TO FORM: CAT. NO. NN00737 TO 1945 CA (7-82) (9ITIE INSURANCE AND TRUST (Corporation) STATE OF CALIFORNIA COUNTY OF / } On /2,9c,2.5 /9,-.3 before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis - of satisfactory evidence to be the person who executed the within instrument as the f'tEsicIeIIt, '':'. •_ _ _ personally known to me or OlKICIAI. SEAL. proved to me on the basis of satisfactory evidence to be CHRISTI NA B. COURTNEY ' the person who executed the within instrument as the NO I ANY -imtIt: I'LIf ORNIA 5 Secretary of the Corporation that executed the within instrument and acknowledged - OFFICE IN 8 SAN DIEGO COUNTY to me that such corporation executed the within instru- MyCorn rnissionExpiresAprU 25, 1986 nlent pursuant to its by-laws or a resolution of its board of directors. - WITNESS my hand and official s Signature -- (This area for official notarial seal) V. U 2: U 1 $ I' 11 e : . . 0 EXHIBIT "A" LEGAL DESCRIPTION Lot 1 through 12 of Carlsbad tract number 79-27 as per irap # 10161 filed in the office of the County Recorder of the County of San Diego on r - . r •)L-( - I. -