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HomeMy WebLinkAboutCT 83-09; MANDANA CORPORATION; Tentative Map (CT)QUALITY ORIGINAL (S) : f fl.:-' Li \J U .3 I ".7 • REQUEST I •. r o Zone Change 0 Pri se Developmnt Plan O Ceneral Plan iin±2nt 0 Spcif Ic plan '1 CTentati\7c Traci.: Map D Site Develop—.ant Plan O PJ.anneci Unit Dveio1mcn 0 Conditional Use Perrr.it 0 Major C dorRnau.. Permit 0 Variance 0 Ilinor Condon lurn Permit U Planning CaTndssion rrnin ±on 0 Master Plan 0 Spciai Use Peimit 0 4ajor rir iin Co1y7s03') D Adiyiinistrativc Var1a.ce DT71Ct.? Dscription of project (attadi addiUonai sheets if rucessary) The proposed tentative map involves 18 estate sizc Pr9jgtincludes water fe'a'tures riparian ' habi:t'at­a (Ponds) wi€hs.Qia.te.d •open space eaSement. Project envisions minimum grading as neès.s.ar t_J achieveon-siteircuiationandbuildingsites__— Generally _located _l miles norof tb. ntrrf, cm Fl £.aminoRe..aL_and -- Palomar Airoort Road and north and east of El Camino Real and North of Road. . • . .. Palomar__Airport :Road -.. . - . :. .: - . r,?ca >ccripion (co:iipleta) _.AttaheL___. •j A.crscsors Parcel rer --------------- P1 an Ig L~M5 Use R-A • -. R-E 2.5 ac. RL Vacnt/Agricultüre ?Dposed Zone 1'osd Cenera:L Plan Site Acreage Same Same 194.3 acres N.:sa (Print or ¶t'p) . Name (Print or Tp2) CxtJ.Pfl . 1:LL1ng AdcJi _nQQa..tiQ___ Na larg Address 18552 MacArthi.ir Blvd., Suite 341 18552 MacArthu Blvd., Sute 341. city r.tate - Zip Tell djono City and State Zip ieDne - Irvine , Ca .9.2715 k7l4) 85l-63 Irvine Ca. 92715 I CLTJF TvPYT I AM TEtE LLt7 L ONr ANE I CEPS?IF TiIAT I 2i TIM G'JTPS jAf 7J N3OVE fl'O 71TICP IS rJUE AND 11,17T ALL THE APOVE is r: ND CCPF3l 10 O'LEDE 11ST OF M I 7JiD C\)RET aD flIE EEET OF Nf1 C1UFLG'2 L•± 10 1:':J 3v \ .•..J • I .j Li C c.':. i (i.\ S • II j 7 -' : • - -: r)._ — ---•-----.----•----- ----. -.-.-- -- -,-- --.--------- .1 If after the information you have submitted has been reviewed, it is determined at further infortuatiOr •.quired you will be so a APPLICANT: Mandana_Corporation - Name (individual, partnership,. joint venture, corporation, syndication) 18552 MacArthur Blvd., I±vin 2fl5._ Busiress Address (714) 851-6315 Telephone Number • AGENT: • !€M13ERS Name : 2956 Roosevelt St., Carlsbad, CA 92008 • Business Address •-.i: Telephone Number MandanaCo on__ ___ Name '(individual, partner, 3QJnt - }rame Address • venture, corporation, syndication) Business Address -. • (714) 85-1-6315 •• : • Telephone Number Telephone Number Jerald D. White -;;-- -__- - .. Home c/p Mandana Corp. Business Address . .• - . Telephone Number . - - Telephone Number 18552. MacArthur •Blvd.. Arthur T. Amman Irvine, CA 92715 RObert Sonnebórn U - (Attach more sheets if necessary) 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. • • . * . Applicant 11 Y tne 4 : S 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 be 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 venture, 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 he provided in order to provide a full disclosure, please include it. Minor -Condominium Permit (4 or less unit) TThpplicaLion Form 2. General Requirement Items: three (3) copies of items A-U - items K, L, '0, P 1 0 3. Conversion to Condominiums - list of names and addresses of all tenants of the units to be converted to condominiums. 4. Fee: $50.00 4- $1.00 per unit Site Developeent Plan T App licntmn Form 2. General Requirement Items - thirteen (13) copies of items P-D - items FL, 0, P, Q 3. Fee: $350.00 Conditional' Use Perm.it/Special -Use -Permit 1. Application Form 2, General Requirement Items: - thirteen (13) copies of items A-D - ' items E-Q (items M,N & 0 not required for Special Use Permit) 3. Fee: $400.00 Variance 1. Application Form 2. General Requirement Items: - thirteen (13) copies of item A - items E, C, H, J-N, I if applicable, and P (see Title 19. Environment) 3. Variance Supplemental Sheet 4. Fee: Single Family = $100.00 Other = $250.00 Planning 'Comnission - Determination 1T ApplicaS&TForm 2. One page statement precisely indicating the determination request. - - 3. General Requirement Items: - thirteen (13) copies of items A and U - items H, K, and L 4. Fee: $25.00 klxninistrative 'Variance T3at ion Form 2. General Requirement Items - () copies of items A & U, if applicable - items C, H, J-N, and P 3. Fee: $100.00 [1 LING REQUREMETS I. SPECIFIC REQUIREMENTS General Plan Amendment/Zone Change 1. Application Form 2. General Requirement Items H-Q 3. Reproducible 1:500 scale map of subject property showing requested 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_Dey3.opmt Plan 1. Application Form 2. General Requirement Items: eighteen (18) copies of items A-D - items E-Q 3. Fee: Master Plan $1000 + $2.00 per/acre Specific Plan $1,000.00 Master Plan Amendment: Minor $50.00 + 2.00 acre Major $500.00 + 2.00 acre Tentative Tract Map -1. Application Form -2. Eighteen (18) copies of *the Tentative Tract Map 3. General Requirement Items - eighteen (18) copies of iter's A-C - items E, GK, MR 4. Fee: $500.00 (1-25 lots or units) $750.00 (26-100 lots or units) - $1,000 (100 + lots or units) Extension: 1/2 of original fee Revision: 1/4 of tentative map and regular fee on additional lots or acres. Planned Unit Development 1'. Application Form 2. General Requirement Items: - eighteen (18) copies of items A-D - items E-Q 3. Fee: $200 Administrative Amendment $50.00 Major Amendment: $200.00 MarCondc)minium Permit (5 or more units) 1. ApplicatioForm 2. General Requirement Items: - eighteen (18) copies ofitems A-D - items E-Q 3. Conversion to Condominiums - list of names and addresses of all tenants of the project,, proof of notification of the tenants 60 days prior to filing tentative map. 4. Fee: $50.00 + $1.00 per unit $5.00 per unit for notification of tenants Ii; GENERAL_PtJIREMENTS A. Site -Plant Shall include the following friforn'ation: : - Nd acidress of applicant, engineer and/or architect, etc. • - All easements - Dimsioned locations of: access, both pedestrian and vehicular, showing service areas and points of ingress and egress - off-street parking and loading areas showing • location, number and tvpial dimension of spaces, and wheel stops. - distances between buildings and/or structures - building setbacks (front, rear and sides) • location, height, and materials of walls and fences - location of freestanding signs • - a11 driveways to scale on adjacent -and across -the street _properties for a distance r100feeE beyond èIimits ofIEject site. - existing curbs, gutters, sidewalks and existing paving widths within 100 feet on adjacent and across the street properties. • - tpical street section - any existing median islands within 100 feet of subject site. - - nearest cross streets on both sides with plus or minus distances from subject site. - location of all buildings within 100 -feet -of -subject - procerties; • - a vicinity map showing major cross streets - a -summary tabl indicating the following inforr3t ion: site acreage . . • existing zone and land use proposed land use total building coverage - • .. . - • - building sq. footage .• . percent landscaping . nsJer of parking spaces • sq. footage of open/recreational space (if applicable) cubic footage of storage space (if. applicable) . . ........ B Preliminary Grading -arid -Drainage Plan* (24"x36") • istiny and proposed contogr-F —on the site and within 100 feat of the boundaries of the site. • elevations of the site existing-oft- ' site trees; those to be removed and those to be saved. C. Preliminary -Landscape arid - Irrigation Plan* (24'x36) location OF—plantin-9--a-reas and typical plant materials (quarttity and size) - - location of areas to be irrigated D. Building -Elevat ions -and _Floor-Plans* (24x36) fTThJ.ans flTThre fEts included - location and size of storage areas - all build irgr, s& iucturcs, walJ s and/or fcniccsk signs UrVj exterior lights. -. F. One(fl- copy of colored site plan (24"x36") F. One (1) copy of colored elevations (24'x36') - One (1) copy each of 8 1/2"xll" site plan and elevations. OnC (1) copy of 8 1/2x11 tt location ma (suggested scale i :2001 vicinity maps on the site plan are not acceptable) Environmental Impact Assessment Form ($100) - Public Facility Agreement: 2 copies: One (1) motorized original, One (1) reproduced copy. Disclosure Statement Photostatic copy -of -deed with complete legal descrjptióri of subject property or other- form of de-scr-iption acceptable to the planning Director. Poperty Owners' List-and ZYdressed Stamped En velope s - (Notueede for Site Development Plan, Special Use Permit -and Minor Condominium Permit) 1) a typewritten list of th. names and addresses of all property owners and occupants within a 300 foot radius of subject property. The list shall include the San Diego County Assessor's parcel number from the latest as rolls. 2) Two separate sets of addrbssc-d stamped envelopes (four sets for condominium con- versions) of the property owners and occupants within a 300--foot radius of subject .property. For any address other than single family reidence, apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL JUI4EER ON ENVE- LOPES AND LEAVE RETURN OF ADDRESS BLANK. 3) Fpr Condominium Conversions, two senaate sets of. addressed-, stamped enve- lopes of all existing tenants is required. - - 300 Foot Radius Map (Not needed for Site Development Plan, Special Use Permit and Minor Condominium Permit) P map to scale not less than = 200 showing each lot within 300- feet of th exterior - boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the pro- perty owner's list. The scale of themap may be reduced to a scale acceptable to the Planning Director if the required ' scale is impractical. - - - - For residential orojects within Vista, SanMarcos, Encinit or San * Dic-quito School Districts, the applicant shall indi- cate whether he prefers to dedicate land. for school facili- ties, to pay a fee in lieu thereof, or do a combination of. these. If the applicant prefers to dedicate land, he shall -suggest the specific land. - • - For residential projects within the Carlsbad Unified School District, the applicant shall submit written confirmation that school facilities will he available and serve the project at time of need. - Preliminary Title Report - - - -Proof of sewer availability if located in the Loucadia County Water District.• Statement of agreement to waive tentative tract map time limits. *NOT F: EXUTBITS MUST BE FOLDED IN A SIZE NOT TO EXCEED -I. -J. -Ic L. - N. - 0. P. .. Q. R. 00, V.- 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) day time 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, etc., 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 rnustbe 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 un,til all prior necessary entitlements'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 ub to one year from the date the application was accepted as complete to properly review all of the, applications. Date 1 &. ame ationship to Application (Property Owner-Agent) FORM: PLANNING 37, REVISED 3/80 S FOUNDERS TITLE COMPANY 1843 HOTEL CIRCLE SOUTH, SUITE 100 SAN DIEGO, CALIFORNIA 92108 (619)296-8300 PRELIMINARY TITLE REPORT ORANGE COAST TITLE 640 No. Tustin Santa Ana, CA Attention: Sharlene Your Ref: 96866-5 Our No.: 300028-1 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THE INSURER HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBED 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 FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH -IN SCHEDULE 1 AND SCHEDULE 1 (CONTINUED) ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED: December 26, 1984 at 7:30 A. M. TITLE OFFICER RON BEARSK fj u . S DESCRIPTION Parcel 1: All that portion of Lot "B" of RANCHO AGUA HEDIONDA, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, described as follows: Beginning at the corner common to Lots "C" and "D" of said Rancho, on the Northerly boundary line of said Lot "B"; thence South 200 19' 00" West, 2273.70 feet; thence South 20 ° 31' 30" West, 553.20 feet; thence North 89 0 57' 00" East 996.45 feet; thence South 10 0 28' 00" West, 1429.85 feet; thence South 740 02' 00" East, 538.60 feet; thence South 46 0 53' 00" East, 327.45 feet; thence South 66 0 01' 00" East, 121.50 feet; thence South 89 0 37' 00" East, 173.35 feet, thence North 75° 44' 00", 234.25 feet; thence North 01° 36' 00" East, 447.40 feet; thence North 51 0 04' 00" East, 1788.20 feet; thence North 540 24' 00" East 326.40 feet to a corner common to Lots "B" and "C"; thence along the boundary line between Lots "B" and "C" North 00 ° 32' 00" West, 2655.20 fee'b to a corner of said Lot "B"; thence North 89 0 53' 00" West along the North line of said Lot 2666.00 feet to the place of beginning. Excepting. therefrom all that portion thereof described as follows: Beginning at the most Northerly, Northeast corner of said Lot "B", sa'id corner being designated as Point No. 13 on said Map; thence along the boundary to said Lots "B" and "C", South 00 ° 32' 00" East to the Southeast corner of the Northerly 1000.00 feet of said Lot "B"; thence continuing along said Easterly line South 00 ° 32 1 00" East, 470.00 feet to the Southeast corner of the land described in Deed to Hiroshi Kato, et ux, recorded February 10, 1976 as File No. 76-047442 of Official Records; thence along the Southerly and Westerly line of said land as follows: Parallel with the Northerly line of said Lot "B", North 89 0 53' 00" West, 1854.00 feet to the Southwest corner therein; and parallel with the Easterly. line of said Lot, North 00 ° 32' 00" .West, 470.00 feet to the Southerly line of the Northerly 1000.00 feet of said Lot "B"; thence along said Southerly line North 89 ° 53' 00" West, 454.68 feet to a point on said Southerly line distant North 89° 53' 00" West, 2308.68 feet from the Southeast corner of said Northerly 1000.00 feet of Lot "B", North 000 32' 00" West, 1000.00 feet to the Northerly line of said Lot "B" at a point on said Northerly line distant thereon North 89 0 53 1 00" West, 2308.68 feet from the Point of Beginning; thence along said Northerly line, South 89 0 53' 00" East, 2308.68 feet to the Point of Beginning. DESCRIPTION CONTINUED Parcel 2: An easement and right of way for road purposes, to be used in common with the grantors and others over a strip of land 60.00 feet wide, providing access to the land described in Pa 1 above, from the County Road known as El Camino Real and crossing Parcels "B" and "C" described as follows: Parcel B: All that portion of Lot "B" of RANCHO AGUA HEDIONDA, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 14, 1896, described as follows: "Commencing at the corner of Lots "C" and "D" on the Northerly .boundary line of said Lot "B"; thence South 20 ° 19' 00" West,.. 2273.70 feet; thence South 20° 31' 30" West, 553.95 feet (553.20 feet - Records); thence North 89 0 57' 00" East 996.45 feet; thence South 10° 28' 00" West, 1841.50 feet; thence North 82 ° 57' 16" West, 366.50 feet to the TRUE POINT OF BEGINNING; thence North 77° 48' 01" West, 256.25 feet; thence North 54° 35' 27" West, 408.50 feet; thence South 56 0 55' 41" West, 160.58 feet; thence North 27° 35' 04" West, 207.51 feet to the Northeasterly corner of Record of Survey Map No. 4223, Records of San Diego County, said point being also on the Westerly line of that certain 421.72 acre parcel of land shown on Record of Survey Map No. 517, Records of San Diego County; thence along said Westerly line, South 20 ° 31' 30" West, 339.50 feet to the Northerly right of way of County Road A-13, 60.00 feet wide as shown on said Record of Survey Map No. 517; thence along said right of way line, South 89 ° 12' 00" East, 3.54 feet to an angle point in said right of way line; thence South 21° 35' 00" East, 300.00 feet; thence leaving said right of way line, North 75 0 35' 52" East, 845.83 feet to the TRUE POINT OF BEGINNING. Parcel C: All that portion of Lot "B" of RANCHO AGUA HEDIONDA, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, described as follows: S. . DESCRIPTION CONTINUED Commencing-at the corner of Lots "C" and "D" on the Northerly boundary line of said Lot "B"; thence South 200 19' 00" West, 2273.70 feet; thence South 20° 31' 30" West, 553.95 feet (553.20 feet - Records) to the Northwesterly corner of land described in Deed to Palomar Vista, Ltd., recorded June 15, 1961 as File No. 103235 of Official Records, being the TRUE POINT OF BEGINNING; thence North 89 ° 57' 00" East 996.45 feet; thence South 10 ° 28' 00" West, 2396.50 feet; thence North 82 ° 22' 52" West, 132.81 feet; thence North 12° 40' 58" West, 594.53 feet to the most Easterly corner of Parcel "B" above; thence North 770 48' 01" West, 256.25 feet; thence North 54 0 35 1 27" West, 408.50 feet; thence South 56 0 55' 41" West, 160.58 feet; thence North 27° 35' 04" West, 207.51 feet to the Northeasterly corner of Record of Survey Map No. 4223, Records of San Diego County, said point being also on the Westerly line of that certain .421.72 foot parcel of land. shown on Record of Survey Map No. 517, Records of San Diego '- County; thence along said Wester-ly line, North 20° 31' 30" East, 409.07 feet; thence leaving said Westerly line, North 89 0 57' 00" East, 324.00 feet; thence North 20 ° 31' 30" East, 672.23 feet; thence South 89 0 57' 00" West, 324.00 feetto the Westerly boundary of said 421.72 acre parcel of land; thence along said Westerly boundary, North 20 0 31' 30" East, 390.00 feet to the TRUE POINT OF BEGINNING. I CmNNE95 POLICY - J.P.- LOMN fl.....,,..PohcvFmn,1973 POLICY OF TITLE INSURANCE ISSUED BY STEWAIT TITLE GUARANTY COMPANY SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth n lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of it priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. Signed under seal for the Company, but this Policy is to be valid only when it bears an authorized countersignature. TE\VART TITLE GUARANTY roMI'4Ny Chairman of the Board Countersigned: President STEWART TITLE COMPANY id" of San Diego 7 a Authorized Countersignature LARL 0 SCHULTZ, Executive Vice President 151-5 REV. 10.73 ___I_ Owner's Policy J.P.-Loan-1973 California Land Title Association Standard Coverage Policy Form 1973 SCHEDULE A Order No.: 31622-2 Effective Date: March 19, 1982 at 8:00 a.m. Amount $160,000.00 1. Name of Insured: Charge: $608.00 Policy No.: CNJPSDO 40970 Loan No. MANDANA CORPORATION, A Liberian Corporation; AND JERALD D. WHITE AND DONAVEE S. WHITE; AND ARTHUR T. AMMON, dba: ART AMMON & ASSOCIATES; AND ROBERT SONNEBORN, dba: CARLSBAD PROPERTIES 2. The estate or interest in the land described herein and which is covered by this Policy is: A Fee and an Easement. 3. The estate or interest referred to herein is at Date of Policy vested in: NANDANA CORPORATION, A Liberian Corporation 4. The land referred to in this Policy is situated in the State of California, County of San Diego, and is described as follows: PARCEL "A": Parcel 1 of Parcel Map No. 5050, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof on file in the Office of the County Recorder of San Diego County, being a portion of Lot B of RANCHO AGUA HEDIONDA, according to Map 823, filed in the Office of County Recorder of San Diego County. PARCEL "B": An easement and right of way for road and utility purposes over, under, along and across that certain strip of land delineated and designated on said Parcel Map 5050 as "40 Foot Road and Utility Easement". Policy No.: C SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: PART I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such pro- ceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but nct limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. S. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claim- ant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attach- ing or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. 1S13 REV. 1O-73 Page STE'NART TITLE GUARANTY COMPANY . . Owner's Policy J.P.-Loan-1973 Policy No.: CNJPSDO 40970 SCHEDULE B PART II 1. General and special taxes for the fiscal year 1982-83, including special district levies, now a lien payable in November. 2. An easement for roadway, pole line, pipelines and incidental purposes as granted to Lillie Kelly Ortega, et al in deed recorded July 29, 1936 in Book 541, Page 244 of Official Records. The route of said easement is not set forth. 3. An easement over said land for poles, wires and incidental purposes as granted to the San Diego Gas and Electric Company, by deed recorded July 10, 1946 in Book 2176, Page 198 of Official Records. The location of said line of poles and wires shall be as follows: Beginning at a point on the Southerly line of said Lot "B", distant thereon North 80 0 12' West, 3.54 feet from the angle point in said Southerly line shown as Point 6 on said Nap No. 823; thence South 80° 12' East, 3.54 feet; thence South 210351 East, 1278.06 feet; thence South 38 0 35' East, 2594.68 feet; thence North 10 0 54' East, 2861.14 feet; thence North 1 1 36' East, 339.7 feet; thence South 75 0 44' West, 234.23 feet; thence North 89°37' West, 173.35 feet; thence North 66 0 01' West, 121.5 feet; thence North 46 1 53' West, 327.45 feet; thence North 74 0 02' West, 538.6 feet; thence North 10 0 28' East, 190.15 feet to the TRUE POINT OF BEGINNING; thence North 73 1 01' West, 302.5 feet; thence North 61°56' West, 372 feet; thence North 78°56' West, 325 feet. NOTE: Quitclaim Deed executed by San Diego Gas & Electric Company, recorded June 24, 1971 under Recorder's File No. 135302, released the following portion of said easement: That certain strip of land 12.00 feet in width, lying within Lot "B" of the partition of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the Office of County Recorder of San Diego County and being 6.00 feet on each side of the following described centerline: Commencing at a point on the Southerly line of said Lot "B", distant thereon North 80 0 12'00" West, 3.54 feet from the angle point in said Southerly line shown as Pt. 6 on said Map No. 823; thence South 80 0 12 , 00" East, 3.54 feet; thence South 21 0 35 1 00" East, 1278.06 feet; thence South 38°35 1 00" East, 1278.68 feet; thence North 10054100fl East, 2861.14 feet; thence North 1 0 36 1 00" East, 339.70 feet; thence South 75 0 44 1 00" West, 234.23 feet; thence North 89 0 37 1 00" West, 173.35 feet; thence North 66 0 01'00" West, 121.50 feet; thence North 46 0 53'00" West, 327.45 feet; thence North 74 0 02 1 00" West, 538.60 feet; thence North 10°28 1 00" East, 190.15 feet; thence North 73 0 01'00" West, 302.50 feet; thence North 61 0 56 1 00" West, 372.00 feet to the TRUE POINT OF BEGINNING of a strip of land being Quitclaimed herein; thence from said TRUE POINT OF BEGINNING, North 78 0 57 1 00" West, 325.00 feet. . . Attached to and made a part of Stewart Title Guaranty Company Policy No. CNJPSDO 40970 Continuation of Schedule B PART II 4. An easement over said land for poles, wires and incidental purposes as granted to the San Diego Gas and Electric Company, by deed recorded March 2, 1965 as File No. 36719 of Official Records. The location of said line of poles and wires shall be as follows: Within a strip of land 12.00 feet wide, the centerline of which is described as follows: Commencing at a point on the Westerly line of that certain portion of said Lot "B" described in deed recorded in Book 1446, Page 52 of Official Records, distant thereon South 20 0 31 1 30" West, 769.23 feet from the Northwest corner thereof; thence from said point of commenc- ment, South 820471300 East, 34.00 feet; thence South 60°19 1 30" East, 192.00 feet to the TRUE POINT OF BEGINNING of the right of way herein described; thence from said TRUE POINT OF BEGINNING, continuing South 600191300 East, 241.90 feet to an intersection with an angle point on the centerline of that certain right of way granted to San Diego Gas & Electric Company, a Corporation by deed recorded in Book 2176, Page 198 of Official Records. ALSO: Beginning at said TRUE POINT OF BEGINNING; thence North 60°19' 30" West, 193.00 feet to an intersection with an angle point on the centerline of that certain right of way granted to San Diego Gas & Electric Company, a Corporation by deed recorded in Book 2998, Page 228 of Official Records. 5. An easement for road and incidental purposes as granted to Tootsie "K" Ranch, a Partnership in deed recorded December 20, 1965 as File No. 228165 of Official Records. A strip of land 60 feet in width, the exact route of said easement is not set forth. 6. An easement for underground facilities consisting of conduits, manholes, handholes and junction boxes with wires and cables placed therein and aboveground structures consisting of pads, transformers and other aboveground structures and incidental purposes as granted to San Diego Gas & Electric Company in deed recorded July 5, 1972 as File No. 172635 of Official Records. The location of said easement is described as follows: Within a strip of land 8.00 feet in width, being 4.00 feet measured at right angles on each side of the following described centerline: (CONTINUED) Attached to and made a part of Stewart Title Guaranty Company Policy No. CNJPSDO 40970 Continuation of Schedule B PART II (ITEM NO. 6 CONTINUED) Commencing at the most Easterly corner of 2.00 net acre parcel, being shown and delineated on Road Survey No. 4223, filed in the Office of County Recorder of San Diego County; thence along the Northeasterly prolongation of the Southeasterly line thereof, North 2031 1 30" East, 409.07 feet; thence leaving said line, North 89 1 57 1 00" East, 324.00 feet; thence North 20°31 1 30" East, 136.52 feet; thence South 66 0 01'08" East, 522.85 feet to the TRUE POINT OF BEGINNING of the centerline herein described; thence from said TRUE POINT OF BEGINNING, South 34°56 1 45" West, 40.10 feet. ALSO: Beginning at said Point of Beginning; thence North 34°56'45" East, 5.00 feet. 7. A Declaration of Covenants for Street Improvements, dated June 10, 1976, executed by Russell W. Grosse and Mary E. Grosse, recorded June 22, 1976 as File No. 76-193417 of Official Records 8. An easement for road and incidental purposes as reserved by Russell W. Grosse and Mary E. Grosse, husband and wife in deed recorded September 15, 1976 as File No. 76-300785 of Official Records. Said easement is described as follows: That portion of Parcel A shown on Parcel Map No. 5050 as Proposed 20 Foot Private Road Easement. 9. An easement for pipeline or pipelines for any and all purposes and incidental purposes as granted to Carlsbad Municipal Water District in deed recorded November 27, 1978 as File No. 78-507881 of Official Records. The location of -said easement is described as follows: The centerline of a 15 foot easement, lying 7.50 feet on each side of the following described centerline: Commencing at the most Southerly corner of said Parcel No. 3 as shown on said Map No. 5050; thence North 59°58'30" West, 296.30 feet to the TRUE POINT OF BEGINNING; thence North 24°25 1 50" East, 639.09 feet; thence North 00°03 1 00" West, 454.67 feet to a point of terminus, the sidelines of said easement to be lengthened or shortened as required to terminate at the North line of Parcels 2 and 3 as shown on said Map No. 5050 and the North line of the southerly 25.00 feet of said Parc1s 1 and 3. 10. An easement for the construction and maintenance of an underground electrical distribution system, together with necessary above ground facilities and structures, as granted to San Diego Gas and Electric Company, by instrument recorded February 13, 1979 as File No. 79-065482 of Official Records. The location of said easement is described as follows: (CONTINUED) . S Attached to and made a part of Stewart Title Guaranty Company Policy No. CNJPSDO 40970 Continuation of Schedule B PART II (ITEM NO. 10 CONTINUED) PARCEL A: Within that portion of said Parcel 1 of parcel Map No. 5050, shown and delineated as wProposed Private 20 Foot Road Easement" on said Parcel Map No. 5050. PARCEL B: The Easterly and Southeasterly 15.00 feet of said Parcel 1. EXCEPTING THEREFROM any portion thereof lying within Parcel A described above. 11. A Deed of Trust to secure an indebtedness of $78,000.00, recorded July 20, 1979 as File No. 79-300951 of Official Records. DATED: June 14, 1979 TRUSTOR: JERALD D. WHITE AND DONAVEE S. WHITE, husband and wife TRUSTEE: TITLE INSURANCE AND TRUST COMPANY, a California Corporation BENEFICIARY: ROBERT J. DOOSE AND CAROL J. DOOSE, each as to an undivided one-half interest 12. An easement over said land for communication structures and incidental purposes, as granted to The Pacific Telephone and Telegraph Company, by instrument recorded March 28, 1980 as File No. 80-107253 of Official Records. The location of said communication structures shall be as follows: 1. Those portions of said Parcel of Parcel Map No. 5050, designated and delineated on said Parcel Map as, "PROPOSED PRIVATE 20' ROAD EASEMENT." 2. The Easterly and Southeasterly (15.0) fifteen feet of said Parcel 1. 13. A Deed of Trust to secure an indebtedness of $42,000.00, recorded March 19, 1982 as File No. 82-074679 of Official Records. DATED: December 18, 1981 TRUSTOR: MANDANA CORPORATION, a Liberian Corporation TRUSTEE: STEWART TITLE COMPANY OF ORANGE COUNTY, a California corporation BENEFICIARY: JERALD D. WHITE and DONAVEE S. WHITE, husband and wife as community property 14. A Deed of Trust 1 to secure an indebtedness of $20,000.00, recorded March 19, 1982 as File No. 82-074680 of Official Records. DATED: March 9, 1982 TRUSTOR: MANDANA CORPORATION, a Liberian Corporation TRUSTEE: STEWART TITLE COMPANY OF ORANGE COUNTY, a California corporation BENEFICIARY: JERALD D. WHITE and DONAVEE S. WHITE, husband and wife as community property (CONTINUED) Attached to and mad No. CNJPSDO 40970 e a part of Stewart Title Guaranty Company Policy Continuation of Schedule B PART II (ITEM NO 14 CONTINUED) The beneficial interest under said ARTHUR T. AMMON, dba: ART AMMON & assignment recorded March 19, 1982 Records. Deed of Trust was assigned to ASSOCIATES, a 24% interest by as File No. 82-074681 of Official The beneficial interest under said Deed of Trust was assigned to ROBERT SONNEBORN, dba: CARLSBAD PROPERTIES, a 24% interest by assignment recorded March 19, 1982 as File No. 82-074682 of Official Records. =Rk NI 3O.3;o. ;.. I$ •e3. j I. ns (ZS - - lOIOA. a @1 Ac • . \ ,_1•I,u_3.59PAR 4 . .i*p 14, - 31-105 '_Y' t ( •' or c 1< 4' • I7.12 AC. .• ,' DETAIL-C- I IN.2OOF7 2 / 0 \.. 09 COR. NO. 4.-' 7,. . LOT ,M23 Ac I SEC .2T . 14 1 lip . . .: At-- L' -i...-- - ............................................ '.; . . order do . t 9343 Escrow No. Lot r-140. COPJPD AT THE REDST O'F 'NA21 TITILA IXJMPA.1Y WHEN RECORDED MAIL TO: Ma ndana Corporation 18552 MacArthur Blvd, #341 Irvine, CA 92715 MAIL. TAX STATEMENTS TO: ABOVE ADDRESS . 82-074678 —M 3RDM Wom opr"c Wcows- "L"L aw"lim 1. CA.] 00 1982MAR 39 AM8: I RF(7'4j VERAL.LV1..E I t MG I '' COUliII [TxPDgo -'i SPACE ASOVELIIU ,..II(jI 1RECORDERS USE DUgLNTARY TRANSFER TAX Computed on the consideration or value of property Conveyed; OR .Computed on the consideration or value less liens or encumbrances rnaiswcatdtn.o sail. " LA LA2 Sle re orb.ciprant or As&nt determining sax - Firm PSm. GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JERALD D. WHITE AND DONAVEE S. WHITE, husband and wife hereby GRANT(S) to MJNDAiA CORPORATION,' LIBERIAN CORPORATION the real properly in the City of CARLSBAD County of SAN DIEGO • State of California, described as AS PER ATTACEfl RIDER AND MADE A PART }IERETO BY THIS REFERENCE: Da DECEMBER 15, 1981 ted STATE OF CALIFORNIA COUNTY OF SL On_.D&C5Ms ,q before me, the undersigned, • Notary Public in and for said State, personally appeared JeL) (). Wii1é . witir IPMD WIF(?' known to me to be the person _S_ whole name subscribed to the vwithirk instrument and acknowledged that 1"H5,y executed the WITNESS my -!7~r Ae I d Mr, OFFICIAL SEAL F. MERCURIO MOTARy PUBLIC CALIFORNIA PRINCIPAl. OFFICE IN sm DIEGO COUNTY tembet 15, 1983 MY. CommhE Sep (This •r.a for official notarial small 1002 (10/60) ED LEGAL DESCRIPTION 152 R NO. 31622-2 PARCEL NA': Parcel 1 of Parcel Map No. 5050, in the City of Carlsbad, County of Sar Diego, State of California, according to Map thereof on file in the Office of the County Recorder of San Diego County, being a portion of Lot B of RANCHO AGUA HEDIONDA, according to Map 823, filed in the Office of County Recorder of San Diego County. PARCEL 'B': An easement and right of way for road and utility purposes over, under, - along and across that certain strip of land delineated and designated on -. said Parcel Map 5050 as 0 40 Foot Road and Utility Easement'. 12/30/81 ams S. -. 4 - OriurNo.. 01% 1 Escro iii No. [ ~7 277 4 • J,anNo. •81-294130 I ZEE" I • FILE/PAGE NO. I sio.oj BOOK 19 91 WHEN RECORDED MAIL. TO: RECORDED REQUEST OF CALiFORNIA LAND TITLE COMPANY ,, +1dana Corporation &P 1510 28 0,81 SL 18552 MacArthur Blvd. Suite 341 OFFiCIAL REOORDS AN DIEGO COUNTY. CA, Irvine, CA VERA L LYLE SPACE ABOVE THIS LINE MI1tflRDERS USE MAIL TAX STATEMENTS TO: DOcLWrAR' TRANSFER TAX * ABOVE ADDRESS Computed on the consideration or value of property conveyed; OR .. . Comput.d or v.1i4's I liens or encumbc on the consideration remaining at time of ills. Stewart Title Escrow f V Signature of OacI.r.nt or Agent duturmining tax - FIrm Name GRANT DEED TRANSFER TAX PAID IAN DIEGO COujjry kECQk FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SUNNY CREEK ASSOCIATES, a California General Partnership hereby GRANT(S) to MANDANA CORPORATION, a Liberian Corporation the real property in the City Df Carlsbad V V County of San Diego • State of California, described as AS PER ATTACHED LEGAL DESCRIPTION AND MADE A PART HERETO BY THIS REFERENCE: On batons me, the undersignod, a Notary Public in and for iaiØ State, p.rsna1Iy appeared SUNNY CREEK ASSOCIATES, a California General Partnership BY: Ro-Liff, Inc., a California Corporation, General Partner BY:VKW. a California General Partnership BY: ROBANNE, INC., a California Corporatior General ,Partner BY: V Z),t- Robert Whitmoyer, Pres'14t SEE ATTACHED PAGE FOR NOTARY Ilk to. atuia .owi& awo 1002 Il09 r ,-rrr- Dated STATE OF CALIFORNIA COUNTY OF known to me to be the person - whose n_ne iubecrib.d to lbs within instrument and acknowledged that ______ executed the s_ne. WITNESS my hand and official seaL Sigrias.rs LEGAL DESCRIPTION PARCEL 1: 1: All that portion of Lot "B" of Rancho Agua Iledionda, in the City of Carlsbad, County of Sa,n Diego, State of California, according to Map thereof No. &2-, filed in the Office, of the CounCy Recorder of San Diego County, November 16, 1896, described as follows: Beginning at the corner common to Lots "C" and "I)" of said Rancho, on the Northerly boundary line of said Lot "B"; thence South 2019'00" West, 2273.70 feet; thence South 20°31'30" West, 553.20 feet; thence North 89 °57'00" East, 996.45 feet; thence South 10 ©28'00" West, 1429.85 •feet; thence South 7402'00" East, 538.60 feet; thence South 4653'00" East, 327.45 feet,; thence South 66°01'00" East, 121.50 feet; thence South 89 °37'00" East, 173.35 feet; thence North 75 °44'00" Last, 234.25 feet; thence North 01 °36'00" East, 447.40 feet; thence North 5104'00" East, 1788.20 feet; thence North 54 °24'00" East, 326.40 feet to a corner common to Lots "B" and "C"; thence along the boundary line between Lots "Be' and "C" North 00 °32'00" West, 2655.20 feet to a corner of said Lot "B"; thence North 89 °53'00" West along the North line of said Lot 2666.00 feet to the Place of beginning. EXCEPTING ttherefrom all that portion thereof described as follows: Beginning at the most Northerly, Northeast corner of said Lot "B" said corner being designated as Point No. 13 on said Map; thence along the boundary common to said Lots "B" and "C", South 00 °32'00" East to the Southeast corner of the Northerly 1000.00 feet of said Lot "B"; thence continuing along said Easterly line South 0003210011 East, 470.00 feet to the Southeast corner of the land described in Deed to Hiroshi Kato, et ox, recorded February 10, 1976 as File No. 76-047442 of Official Records; thence along the Southerly and Westerly line of said land as follows: parallel with the Northerly line of said Lot "B", North 89 °53'00" West, 1854.00 feet to the Southwest corner therein; and parallel with the Easterly line of said Lot, North 00 °32'00" West, 470.00 feet to the Southerly line of the Northerly 1000.00 feet of said Lot "s"; thence along said Southerly line, forth 89 °53'00" West, 454.68 feet to a point on said Southerly line distant North 89°53'00"West 2303.68 feet from the Southeast corner of said Northerly 1000.00 feet of Lot "B", North 00032100 West, 1000.00 feet to the Northerly line of said Lot "13" at a point on said Northerly line distant thereon North 89 °53'00" West 2308.68 feet from, the Point of Beginning; thence along said Northerly line, South 89 °53'OO" East, 2308.68 feet to the POINT OF BEGINNING. PARCEL 2: An easement and right of way with the grantors and -others providing access to the land County Road known as El Carnii described as follows: for road purposes, to be used in common over a strip of land 60.00 feet wide, described in Parcel 1 'above, from the io Real and crossing Parcels "B" and "r -continued- DESCRIPTION CONT1u 0 PAGE TWO PARCEL '!j": All that portion of Lot "B" of RMCHO AG1.HED1ONDA, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the Recorder of San Diego County, November 16, 1896, described as follows: Commencing at the corner of Lots "C' and "D" on the Northerly boundary line of said Lot "B"; thence South 2001910011 West,' 2273.70 feet; thence South 20031130u West,-553.95 feet (553.20 feet - Record); thence North 89 °57'00" East, 996.45 feet; thence South 1002810011 West, 1841.50 feet; thence North 82057 '16" West, 366.50 feet to the TRUE POINT OF BEGINNING; thence North 77.48'01" West 256.25 feet; thence North 54 °35'27" West, 408.50 feet; thence South 56 °5541" West, 160.58 feet; thence North 27 °35'04" West 207.51 feet to the Northeasterly corner of Record of Survey Map No. 4123, Records of San Diego County, said point being also on the Westerly line of that certain 421.72 Acre parcel of land shown on Record of Survey Map No. 517, Records of San Diego County; thence along said Westerly line, South 20 °31'30" West, 339.50 feet to the Northerly right of way line of County Road A-13, 60.00 feet wide, as shown on said Record of Survey Map No. 517; thence along said right Of way line, South 80d 12 l 00h t East, 3.54 feet to an angle point in said right of way line, South 2103500fl East, 300.00 feet; thence leaving said right of way line, North 75 °35'52" East, 845.83 feet to the TRUE POINT OF BEGINNING. PARCEL "C": All that portion of Lot "B" of Rancho Agun liedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map " thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, described as follows: Commencing at the corncr of Lots "C" and "1)" on the Northerly boundary line of said Lot "B"; thence South 20019100h1 West, 2273.70 feet; thence South .20°3l'30" West, 553.95 feet (553.20 feet - Record) to the Northwesterly corner of the land described in Deed to Palomar Vista, LTD., recorded June 15, 1961 as Document No. 103235 of Official Records, being the TRUE POINT OF BEGINNING; thence North 89 °57'00" East, 996.45 feet; thence South 100281001; West 2396.50 feet; thence North 85 °22'52" West, 132.81 feet; thence North 12°40'58" West, 594.53 fwt to the most Easterly corner of Parcel "B" above; thence North. 77 °48 1 01" West, 256.25 feet; thence North 54035127u West, 408.50 feet; thence South 56 °55'41" West, 160.58 feet; thence North 2703510411 West, 207.51 feet to the Northeasterly corner of Record of Survey Map No. 4223, Records of San Diego County, said point being also on the Westerly line of that certain 421.72 Acre parcel of land shown on Record of Survey Map No. 517, Records of San Diego County; thence along said Westerly line, North 2031'30" East, 60.07 feet; thence leaving said Westerly line, North 89 0 57 1 00;; East, 324.00 feet; thence North 20 °31'30" East, 672.23 feet; thence South 89 °57'00" West, 324.00 feet to theWesterly boundary of said 421.72 Acre Parcel of land; thence along said Westerly boundary, North 20 °31'30" East, 390.00 feet to the TRUE POINT OF BEGINNING. JLOV STATE OF CALIFOWA ) S )ss. COUNTY OF SAN DIEGO ) On Sef. .I )9fJ , before me, the undersigned, a Notary Public in and for said State, personally appeared June B. Rhodes -, known to me to be the Vice President of Ro-Liff, Inc., the corporation that executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of Sunny Creek Associates, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. TC&LSLAL Signature OIAINSVORTh S!J DIEGOA COil:Tv ?y C:i _L STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) On 1,_9j'/, before me, the undersigned, a Notary Publit in and for said State, personally appeared RobertP.Whitmoyer , known to me to be the President of Robanne, Inc., the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of Kb', and Xw being known to me to be one of the partners of Sunny Creek Associates, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner of KW and that KW executed the same as such partner of Sunny Creek Associates. WITNESS my hand and official seal. a A Signature DOPED" Si. . c: I C: L.. - - r - - VIEGOA COUNTY TITLE ORDER NO. U—B86.78 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO Name [COMMONWEALTH LAND TITLE COMPANY Street Camino del Rio South Address San Diego, CA 92108 City State Attention: Foreclosure Dept. Zip L Thie cI ..ient Is certlfjegj to be a true and correct COPY of the original document recorded a$ instrument No. in the off cc of Recorder of San Diego County. the COMMONWEALTH LAND TITLE & 1 N Co. OF SAN DiEGO flUe OttIcr LSPACE ABOVE THIS LINE FOR RECORDER'S USE - THIS FORM FURNISHED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY BENEFICIARY LOAN NO. TRUSTEE'S SALE NO.- F 886783 Notice of Default and Election to Sell Under Deed of Trust IMPORTANT NOTICE IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION, and you may have the legal right to bring your account in good standing by paying all of your past due payments plus permitted costs and expenses within three months from the date this notice of default was recorded. $232,448.64 September 21, 1984 This amount is as of and will increase (Date) until your account becomes current. You may not have to pay the entire unpaid portion of your account, even though full payment was demanded, but you must pay the amount stated above. After THREE MONTHS FROM THE DATE OF RECORDATION OF THIS DOCUMENT (which date of recordation appears hereon), UNLESS THE OBLIGATION BEING FORECLOSED UPON PERMITS A LONGER PERIOD, YOU HAVE ONLY THE LEGAL RIGHT TO STOP THE FORECLOSURE BY PAYING THE ENTIRE AMOUNT DEMANDED BY YOUR CREDITOR. To find out the amount you must pay, or to arrange for payment to stop the foreclosure, or if your property is in foreclosure for any other reason, contact: SUNNY CREEK ASSOCIATES Ralph Barnes (Name of beneficiary or mortgagee) 685 South Magnolia, El Cajon, CA 92020 (619) 440-7703 (Mailing Address) (Telephone No.) If you have any questions, you should contact a lawyer or the government agency which may have insured your loan. Remember, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPT ACTION. NOTICE IS HEREBY GIVEN: That a breach of, and default in, the obligations secured by that certain Deed of Trust executed by MANDANA CORPORATION, a Liberian corporation Instrument # recorded on 9-15-81 in Book/Reel 1981 - e 81-294133 of Official Records in the office of the Recorder of San Diego County, California, has occurred in that payment has not been made of: the semi-annual interest payments due on March 1, 1984 and September 1, 1984 and subsequent installments due thereafter; plus late charges, if any; any and all sums advanced by the Beneficiary under the terms and provisions of said Deed of Trust; any delinquent taxes, liens assessments or insurance premiums; any delinquent payments accruing under a prior Deed of Trust; together with all trustee's fees and costs; that by reason thereof, the present beneficiary under such Deed of Trust has deposited with said duly appointed Trustee, such Deed of Trust and all documents evidencing obligations secured thereby, and the undersigned does hereby declare all sums secured thereby immediately due and payable and does hereby elect to cause the trust property to be sold to satisfy the obligations secured thereby. COMMONWEALTH LAND TITLE COMPANY a California corporation- Tated Form 3236 .. I OJDINC REQUESTED BY AND ) %fliEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Elm Avenue ) Car1s1ad, Ca1Fornia .92008 ) Space above this line for Recorder 1 s use Documentary trnsfer tax: $ 10 fee - Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 2 62 9 - 7 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 27thday of JANUARY , 1984 by and between MANDANA CORPORATION (name of.developer-owner) a . , hereinafter referred to as (Corporation, partnership,.etc.I * "Deeloper" whose address is 1852 Mac Arthur Blvd, Suit 41 (street) IRVINE, CA 92715 . 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. S W I T N E S S E T H: WHEREAS, Developer is the owner of the real property described on Exhibit "A:, attached hereto and made a rt 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: -. 13 Sing1 Pm117 T.rCc Dw11in Unitg REV 4-2-82 5. CT said Property, which development carries the proposed name of RIDGE RANCH (formerly Carlsbad Ridge) nd ishereafte'r referred to as '!Development"; and WHEREAS, Developer filed on the______day o f'January 1984 , with the City a request for A revision to Carlsb a d Trc-1- 'CT)83-9 hereinafter referred to as "Request"; and 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 he 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 'propos.ed; 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. • 0 ••\ public facilities fee. 0 -2- REV 4-2-82 ROW, THEREFORE,I als and the consideration of the reit 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 valuatio of the building or structures to be constructed in the Development pursuan 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 aadition to any fees, dedication's 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 condomimi con-v-ersion shall be paid prior to the issuance of a condominium convers-ion permit as provided in Chapter 21 .4.7 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 ih reference to mobilehom'e sites 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 dev,elopment is intended. Developer shal.l pay to City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall. bepaid prior to the issuance of building or other construction permits for the development. This fee shall be itz addition to an.y fees, dedications or improvements required according to Titles 18, 20' or 21 of the Carlsbad Municipal Code. -3- ,or " /.,__') 2. The Developer may offer to donate a sitlor sites for public /facilities in lieu of all or part of the financial obligation agreed upon in Paragraph. 1 abo. If Developer offers to donate asite or: sites for public facilities ) the City shall consider, but S;flO : obligated to accept the offer. The time for donation and amount o f credit against the fee shall be determined by City prior to the issuan.ce 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. 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 no't 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 o'r 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. CM - . /6. All obligations hereunder shall terminat•in the event the /Requests made by Developer are not approved. 7. Any notice from one party .to the other shall be. in writing, / 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, a: 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 tjriited 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 sh-all 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 without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of. Developer hereunder shalt 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— IN WITNESS WHEREOF, this agreement is executed in San Diego / County, -California as of the date first written above. - DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal ' corporation of the -' State of California - Mandana Corporation (namer BYAkbar Ghahremani -BY________________________ - --• City manager ft (Corporation) STATE OF CALIFORNIA COUNTY OF _.0 le A-k- J SS. 4 On J_Z before me, the undesigned, a Notary Public in and for said State, personally appeared F4kt$A _G-_-4Hi€j44b-.3 known to me to be the President, and known to me to be — Secretary of the corporation that executed the within Instrumen't, known to me to be the persons who executed the within -1 Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within i instrument pursuant to its by-laws or a resolution of its board of directors. OFFICIAL SEAL I WITNESS my hand and official seal. - N .J ELLIOTT + Signature_<t TI • Name (Typed or Printed) CLr.O 136* -(This area, for ,UcIal notarial seal) VINCENT F. -BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -• - • - - • -6- U S // EXHIBIT "A" LEGAL DESCRIPTION RIDGE RANCH • . (fofmerly Carlsbad Ridge) A portion of Lot "B" of Rancho Aqua Hedionda,in the City of Carlsbad, County of San Diego, State of California, per map.. thereof No.: 823, filed in the Office of the County Recorder of said County, November 16, 1896. (Previously known as the Tootsie "K!' Ranch), also known as San Diego County Assessor's Parcel No. 209070T07 . -. 34 RRcortD.tNG REQUESTED BAND ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recor Documentary transfer tax: $ No fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No- 209-070-07 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 12thlay of July , 1982 by and between MANpANA CogpogATTON (name of developer-owner) a Corporation - , hereinafter referred to- ,,-:as-(Corporation, partnership, etc.) "Developer" whose address is 18552 Mac Arthur Blvd., # 341 (Street) Irvine, CA 92715 and THE CITY OF (citytate,iip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. W I T N E S S E T H: 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: 138 Single family dwelling units REV 4-2-82 (27 - r'-' - .'----- on said Property, whic•development carries the pSposed name of Carlsbad Ridge and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 16th day of July 19 82 , with the City a request for approval of a tentative subdivision map. hereinafter referred to as "Request"; and 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 V-V-V. ...- V - V•__ - V•V• - - V-V VVV __.__V__-V. -VVV V__V. - V 6. All obligati 0 hereunder shall terminain the event the Requests made by Developer are not approved. 7. Any notice from one party to the other shall be in writing, 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 manners: 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 without 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— REV 4-2-82 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California fl,9iVL7,,V,* OP'i(A-77/ (n ame) MANDANA CORPORA_rDION BY _B ___ STATE OF CALIFORNIA c COUNTY OF S DIEM }SS. fO a 29 April 1983 _d_ before me, the undersigned, a Notary Public in and for E On B Arnirvan U , said State personally appeared c known to me to be the___ of the corporation that executed the within instrument, a E < and known to me to be the persons who executed the within . instrument on behalf of the corporation therein named, and ac- ' knowledged to me that such corporation executed the within OFFICIAL SEAL tt instrument pursuant to its by-laws or a resolution of its board of ..ROBERT H. SONNE3ORP4 PRINCIPAL OFFICE tI a NOTARY PUBLIC - directors. o . SAN DIEGO COUNTY My Commission Exp. Apr. 30, 196i official seal - t__. _J1 CN WITNESS my E Signature LL Name (Typed or Printed) (This area for official notarial seal) VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) - MIC REV 4-2-82 I SECURED AGREEMENT BETWEEN OWNER AS DEVELOPER AND CARLSBAD UNIFIED SCHOOL DISTRICT THIS SECURED AGREEMENT is entered into this \Z ' day of 198, by and between 1/ (Name of Developer) a C 0 T le o r (Corporation, Partnership, Etc.) hereinafter referred to as "Developer", whose address and phone number is \%t52 M #3'41 (Street) 2lS (City, State, Zip Code) (Phone Number) and CARLSBAD UNIFIED SCHOOL DISTRICT of San Diego County, California, hereinafter referred to as "District", whose address is 801 Pine Avenue, Carlsbad, California 92008 W I T N E S S E I H: A. WHEREAS, Developer is the owner of the real property described on EXHIBIT "A" attached hereto and by this reference incorporated herein by reference, and hereafter referred to as "Property" 2/; and B. WHEREAS, the Property lies within the boundaries of District; and C. WHEREAS, Developer proposes to construct 3/ Ye.3icQ(Y Coe .S . . Oy on said Property, which development carries the proposed name of a rLsc and is hereafter referred to a "Development"; and D. WHEREAS, Developer 40 (Filed on the day of , 198) Intends to file) with the County of San Diego and/or the City of Carlsbad a request for 4/ m+)tJt A4L' d,i'--L E. WHEREAS, Developer and District recognize that school facilities and services will not be available to accommodate children who may subsequently move into the proposed development; and F. WHEREAS, Developer has requested of the District assurances that school facilities and services will be available to meet the needs of the future residents of the development as it is presently proposed and the 14 Developer is aware that the District cannot, and will not, be able to give Developer any such assurances without financial assistance to pay for such services and facilities; and G. WHEREAS, the Developer agrees to provide such financial assistance in accordance with the terms of this agreement and the District agrees to provide assurances that school facilities and services will be available to meet the needs of the future residents of the development as it is presently proposed. NOW THEREFORE, THE PARTIES HERETO HEREBY AGREE as follows: -2- . . 1. The Developer shall pay to the District the sum of 'Ic One Thousand, One Hundred Fifty-Eight and no/100 — — — Dollars (Or whatever sum is in effect at the time building permits are issued) for each dwelling unit to be constructed in the Development. The number of Dwelling units to be constructed shall be determined from the approved subdivision map of the Development, as recorded in the Office of the County Recorder. The term 'dwelling unit' as used in this agreement means a place of residence and may be located in either a single or multiple dwelling unit building. Such payments shall be made in accordance with the following provisions: 1.1 The total amount due hereunder shall be paid to the District in installments equal to $1,158.00 times the number of dwelling units (Or whatever sum is in effect at the time building permits are issued) for which building permits are issued until the total amount as specified in paragraph 1 above has been paid or until the agreement has been canceled by mutual consent due to the abandonment of a portion of the Development. Such installments shall be due and payable to the District concurrent with application by Developer for issuance of said building permits. 1.2 Any payments not made by the Developer when due and payable shall bear annual interest at the rate of two (2) percentage points above the prime rate charged by Bank of America at the time of default. 2. The Owner and Developer may in the future offer to donate a school site in lieu of all or part of the financial obligation agreed upon in paragraph 1 above, which offer the District shall consider but is not obligated to accept. 3. To secure Developer's obligation hereunder, Developer shall provide i I to District the securities called for in subparagraph 3.1 or 3.2 or 3.3: IWII . I 3.1 A surety bond in favor o_f4istrict in a form acceptable to District from an insur ,aeptab1e to District in the sum of $ insure Developer's performance of the terms of this agreement.,$f' 3.2 A bank or savings and loan time cer..*1icate of deposit in the amount of $___________________ in a fo9Icceptable to District naming the District as an irrevocable ass - nee for the term of this agreement, and expressly providing thatf1y interest accruing on the time certificate of deposit shall be sole the property of depositor and the District shall have no right '4' any such interest. 5/ 3.3 Such other security as may be acceptable to the District. 5/ 4. District agrees to provide school facilities and services which will be available to meet the needs of the future residents of the areas to be developed as described herein. District further agrees to provide in writing for Developer, and upon his request, assurances necessary to enable Developer to comply with any requirements of public agencies as evidence of adequate school facilities and services sufficient to accommodate the needs of the developments herein described. 5. All obligations hereunder shall terminate in the event 6/ dve £ p rO and the District shall within ten (10) dyas after written notice to District by Developer, deliver to Developer necessary documents for releasing the security provided to District pursuant to paragraph 3 hereof. 6. Any notice from one party to the other shall be in writing, and -4- . . 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 manners: 6.1 If notice is given to the District, by personal delivery thereof to the District or by depositing the same in the United States Mail, addressed to the District at the address set forth herein, enclosed in a sealed envelope addressed to the District for attention of the Superintendent, postage prepaid and certified. 6.2 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 set forth herein or at such other addresses as may have been designated, postage prepaid and certified. 6.3 If notice is given to a surety or other person, by personal delivery to such surety or other person or by depositing the same in the Unitied States Mail, enclosed in a sealed envelope addressed to such surety or person at the address at which such surety or person last communicated to the party giving notice,postage prepaid and certified. 7. 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 District, and references to Developer or the District herein shall be deemed to be reference to and include their respective successors and assigns without specific mention of such sucessors 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 -5- O I interest in the Property shall have first assumed in writing the Developer's obligations hereunder and shall have complied with paragraph 3 hereof. IN WHITNESS WHEREOF, this Agreement is executed in San Diego County, California as of the date first written above. DEVELOPER: MtiP _v- (Name) By 3. A d -: . --- Title ecre4ttr By, Title DISTRICT: CARLSBAD UNIFIED SCHOOL DISTRICT OF SAN DIEGO COUNTY, CALIFORNIA By________________________________ Authorized Agent RATIFIED BY GOVERNING BOARD: flM IN FOOTNOTES: 1/ Full information concerning the Owner and Developer should be set out here and the name of the Owner should be identical to that used by the Owner in holding title to the property. 2/ The exact legal description of the property should be set forth on Exhibit "A". 3/ Insert the number of residential buildings to be constructed and describe the kinds and number of residential units to be constructed, e.g., 100 two-bedroom single family residences; 4 apartment buildings consisting of 60 two-bedroom apartments; one mobilehome park with 200 mobilehorne spaces. J State whether the Developer has or will apply for a rezoning and/or conditional use permit or some other permit or application. Where the property is to be rezoned, state the present zoning and the proposed zoning. Where an application number has been assigned by the County or the City, state the number. 5/ The proposed form of bond or time certificated of deposit should be submitted to the District before the Developer signs this Agreement to assure that the bond or certificate will be in a form satisfactory to the District when later delivered. 6/ This event will probably be a denial of rezoning application. LZ:lh -7- • Received Mondcrnci Corporation 001121982 C~T CITY OF. CARLSBAD MINUTES OF ORGANIZATIONAL MEETING OF INCORPORATOR AND BOARD OF DIRECTORS OF MANDANA CORPORATION The following were appointed to serve as the Board of Firectors and to serve as the officers of the corporation: President: Vice-President: Vice-President: Secretary: Treasurer: Chairman: MOHAMMAD H. SHASHAANI AKBAR GHAHREMANI BATOUL M. SHASHAANI BAGHER AMIRVAND BATOUL M. SHASHAANI GFIASEM TAVAKOLIZADEH The original Articles of Incorporation of the corporation had been filed on August 14,1981. 18552 MacArthur Bk'd. • Suite 341 • Irvine, CA 92715 • 714 / 851-63