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HomeMy WebLinkAboutCT 83-21A; TREETOPS UNLIMITED; Tentative Map (CT)I., Ak - -- LAND USE PLANNING AJPLICATIDN -, DISCRETIONARY ACTIONS REQUEST E] zone Change OSpecific Plan G General Plan Amendment OSite Development Plan Tentative Tract Map [Conditional Use Permit 4Z1 Major Planned Unit Development —Variance - Master Plank oPlanning Commission Determination Major Redevelopment Permit DSpecial Use Permit D Minor Redevelopment Permit []Structure Relocation 0 Precise Development Plan [Major Condominium Permit (check other boxes if appropriate) Complete Description of Project (attach additional sheets if necessary) SEE ATTACHMENT NO#1 Legal Description (complete) Portion of Lots"W"and "J" of Rancho Agua Hedlonda in the City of Carlsbad, County of San Diego, State of California, according to Assessors Parcel Number Map No. 823 _______________________ 167-100-10,42,43 / 168-040-12&13 Zone General Plan Existing Land Use P. C. RDM VACANT Proposed Zone Proposed General Plan Site Acreage P.C. RDM 36 Acres Owner Applicant Name (Print or Type) Name (Print or Type) Treetops Unlimited Treetops Unlimited Mailing Address Mailing Address 3900 Harney Street 3900 Harney Street City and State Zip Telephone City and State Zip Telephon€. (619) (619) San Diego, CA, 92110 299-5100 San Diego, CA 92110 299-5100 I CERTIFY THAT I AM THE LEGAL OWNER AND I CERTIFY THAT I AM TIlE OWNER'S REPRESENTATIVE THAT ALL THE ABOVE INFORMATION IS TRUE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT ¶10 THE BEST OF MY KNCqLEDGE • AND CORRECT ¶10 THE BEST OF MY KNCXLEDGE. SIG 4p DATE &J6/ Ana WN 0 I. SPECIFIC REQUIREMENTS General Plan Amendment/Zone Change 1. Application Form 2. General Requirement Iteis F-O 3. Reproducible 1:500 scale map of subject property showing requested zoning and surrounding zoning and land uses. 4. Fee: General Plan Amendment $765.00 + $5.00 per lot or acre, whichever is higher. Zone Change: $655.00 Master Plan/Specific Plan 1. Application Form 2. General Requirement Items: - fifteen (15) copies of items B-D - items E-O 3. Fee: Master Plan $1,635 + $5.00 per/acre Specific Plan $1,090.00 Master Plan Amendment: Major $545.00 + 5.00 acre Minor $185.00 + 2.00 acre Specific Plan Amendment: Major $440.00 Minor $ 75.00 Tentative Tract Map 1. Application Form 2. General Requirement Items - fifteen (15) copies of item A - items B-P 3. Fee: $530.00 (1-25 lots or units) $765.00 (26-100 lots or units) $1,310 (100 + lots or units) Revision: $330.00 (1-25 units or lots) $545.00 (26-100 units or lots) $765.00 (100+ units or lots) $150.00 Revision that does not change design of subdivision Major Planned Development (5 or more units) 1. Application Form 2. General Requirement Items: - - fifteen (15) copies of items B-D - items E-O 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. 0 ATTACHMENT NO#1 Q1ave,ra Hills Village O&P-1, Unit #4 DESCRIPTION OF PROJECT: This application is a request for approval of a revised tentative map and major planned development for Unit #4 of Village O&P-1 in Calavera Hills. This project proposes to construct 130 single-family units (duplexes) on a 36.5 acre site. The previous tentative map for this project Carlsbad Tract 83-21 and P.U.D. No. 57, approved 184 condominimum units in this same project area. The revised project proposes a nearly 30% reduction in the density of Unit #4 and an overall density reduction of 13% for all of Village O&P-l. . . Residential Condominiums $530.00 (50 units or less) $1,090.00 (50,-units or more) $365.00 (Amendment for 50 units or less) $655.00 (Amendment for 50 units or more) $ 5.00 Unit (Notification of Tenants for Condominium Conversion) Residential Planned Unit Development $530.00 (50 units or less) $875.00 (51 units or more) $275.00 (Amendment for 50 units or less) $545.00 (Amendment for 50 units or more) Non Residential Condominium or Planned Unit Development $420.00 (50 or less units) $1,090.00 (50 or more units) $220.00 (Amendment for 50 or less units) $400.00 ( Amendment for 50 or more units) Site Development Plan 1. Application Form 2. General Requirement Items - fifteen (15) copies of items B-D - items B-I, M-O 3. Fee: $365.00 Conditional Use Permit/Special Use Permit/Precise Development Plan 1. Application Form 2. General Requirement Items: - fifteen (15) copies of items B-D - items E-O (items L,M & N not required for Special Use Permit) 3. Fee: $420.00 Conditional Use Permit/Special Use Permit $440.00 Precise Development Plan 4. Additional information may be required by the Engineering Department for Special Use Permits Variance 1. Application Form 2. General Requirement Items: - fifteen (15) copies of item B and D (if applicable) - items E,F,H-K,M,O 3. Variance Supplemental Sheet 4. Fee: Single Family = $150.00 Other =.$420.00 S . Planning Commission Determination 1. Application Form 2. One page statement precisely indicating the determination request. 3. General Requirement Items: - fifteen (15) copies of items B-D (if applicable) - items F-I, M, 0 4. General Requirement Items for Density Determination: - fifteen (15) copies items B-D - items B-I, M-O 5. Fee: $330.00 Ma-br and Minor Redevelopment Permits 1. Application Form 2. General Requirement Items: - Malor : - fifteen (15) copies of Item B-D - items E-M and material samples (if applicable) - Minor: - fifteen (15) copies of items B-D (if applicable) - items B-F, H-M and material samples (if applicable) 3. Fee. (Not established except where other permit is necessary). Structure Relocation 1. Application Form 2. General Requirement Items - fifteen (15) copies of - items B, F, H, I, M - inspection notice from 3. Fee: $120.00 B and D the Building Department NOTE: INCOMPLETE SUBMITTALS WILL PREVENT OR SIGNIFICANTLY DELAY THE PROCESSING OF A PROJECT II. GENERAL REQUIREMENTS A. Tentative map/preliminary grading plan (24" x 36") Each tentative map/preliminary grading plan shall contain the following information: (1) Name and address of the owner whose property is proposed to be subdivided and the name and address of the subdivider; (2) Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps; (3) North point; (4) Scale; vicinity map; - distances between buildings and/or structures - building setbacks (front, rear and sides) - location, height, and materials of walls and fences - location of freestanding signs - all driveways to scale on adjacent and across the street properties for a distance of 100 feet beyond the limits of subject site. - existing curbs, gutters, sidewalks and existing paving widths within 100 feet on adjacent and across the Street properties. - typical 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 properties. - a vicinity map showing major cross streets - a summary table indicating the following information: - site acreage - existing zone and land use - proposed land use - total building coverage - building sq. footage - percent landscaping - number of parking spaces - sq. footage of open/recreational space (if applicable) - cubic footage of storage space (if applicable) ADDITIONAL DATA REQUIRED: UNLESS A TENTATIVE MAP IS SUBMITTED ALL DATA REQUIRED FOR P TENTATIVE MAP SHALL BE SUBMITTED ON THE SITE PLAN. C. Preliminary Landscape Plan (24" x 36") shall include the following information: 1. Landscape zones per the City of Carlsbad Landscape Guidelines Manual 2. Typical plant species and their sizes for each planting zone 3. An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. 4. Landscape maintenance responsibility (private or common) .f or all areas. 5. Percent of site used for landscaping D. Buildinci Elevations and Floor Plans* (24"x36" - floor plans with square footages included - location and size of storage areas - all buildings, structures, walls and/or fences, signs and exterior lights. NOTE: ALL EXHIBITS MUST BE FOLDED IN A SIZE NOT TO EXCEED 8 1/2" x 11". . S (5) Date of preparation; (6) The location, width and proposed names of all streets within the boundaries of the proposed subdivision and approximate grades thereof; (7) Location and width of alleys; (8) Name, location and width of adjacent streets; (9) Lot lines and approximate dimensions and numbers of each lot; (10) Approximate location and width of watercourses or areas subject to inundation from floods, and location of structures, irrigation ditches and other permanent physical features; (11) Approximate contours at 1' intervals for slopes less than 5%, 2' intervals for slopes between 5% and 10%, and 5' intervals for slopes over 10%. (both existing and proposed) (12) Approximate location of existing buildings and permanent structures and proposed condominium buildings; (13) Location of all major vegetation, showing size and type; (14) Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data); (15) Width and location of all existing or proposed public or private easements; (16) Classification of lots as to intended residential, conunercial,.industrial or other uses; (17) Location of railroads; (18) Approximate radii of curves of streets; (19) Proposed name and city tract number of the subdivision; (20) Any proposed phasing by units; (21) Number of units to be constructed when a condominium or community apartment project is involved. (22) Method of draining each lot; (23) Earthwork Volumes (24) Also, proposed utilities, existing street, sewer, water, and storm drainage improvements along the subdivision frontage, including street lights and fire hydrants on both sides of the street within 300 feet of the subdivision. (25) Typical Street section for all adjacent streets and streets within the project. B. Site Plan: Shall include the following information: - Name and address of applicant, engineer and/or - architect, etc. - All easements - Dimensioned 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 typical dimensionn of spaces, and wheel stops. . 0 E. One (1) copy each of 8 1/2"xll" site plan and elevations. F. One (1) copy of 8 1/2"xll" location map (suggested scale 200" - vicinity maps on the site plan are not acceptable) G. Environmental Impact Assessment Form ($175) H. Public Facility Agreement: 2 copies: One (1) notorized original, One (1) reproduced copy. I. Disclosure Statement J. Property Owners' List and Addressed Stamped Envelopes (Not needed for Site Development Plan, Special tJse Permit, Planning Commission Determination and Minor Condominium Permit) 1) a typewritten list of the names and addresses of all property owners and occupants within a 300 foot radius of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2) Two separate-sets of legal size (#10), addressed stamped envelopes (four sets for condominium conversions) of the property owners and occupants within a 300-foot radius of subject property. For any address other than single family residence, apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON ENVELOPES AND LEAVE RETURN OF ADDRESS BLANK. 3) For CondominiumConversions, two separate sets of addressed, stamped envelopes of all existing tenants is required. K. 300 Foot Radius Map (Not needed for Site Development Plan, Planning Commission Determination and Special Use Permit). A map to scale not less than lit = 200' showing each lot within 300 feet of the exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Land Use Planning Manager if the required scale is impractical. L. For residential projects within Vista, Encinitas or San Dieguito School Districts, the applicant shall indicate whether he prefers to dedicate land for school facilities, 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 and the San Marco Unified School District, the applicant shall submit written confirmation that school facilities will be available and serve the project at time of need. M. Preliminary Title Report (current within the last six months) N. Proof of sewer availability if located in the Leucadia County Water District. 0. Colored Site Plan and Elevation Plan * P. Statement of agreement to waive tentative tract map time limits. *NOTE: It is the Applicant's responsibility to bring one copy of a colored site plan and one copy of 'a colored elevation to the Land Use Planning Office by Noon the day of the Planning Commission meeting. I 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 partneror 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. '4 after the information you have submitted has been reviewed, it is determined. !that further information required, you will be so ad ed. APPLICANT: Treetops Unlimited, a Joint Venture Name (individual, partnership, joint venture, corporation, syndication) 3900 HarrieySt±'eet San Diego, CA 92110 Business Address (619) 299-5100 Telephone Number' AGENT: Mr. Jay Summers Name 3900 Harney Street San Diego, CA 921-10 - - Business Address . . (619)-.299-5100 Telephone Number . ... . - California - Pacific Scene Inc. ..a Cqrporation Name (individual, partner, joint Home Address venture, corporation,. syndication) .. 3900 Harney Street San Diego, CA 92110 Business Address (619) 299-5100 Telephone Number Telephone Number Financial Scene Incorporated a California Corporation Home Address 3900 Harney Street San Diego,CA 92110 Business Address (619) 299-5100 . Telephone Number . Telephone Number (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. Treetops Unlimited Applicant Ag4ot, 0:ner, Partner I 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 must be 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 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 up to one year from the date the application was accepted as complete to properly review all of the applications. Jay Summers OCCt VICE PRESIDENT Name (Print ationship to Applicatic (Property Owner-Agent) FORM: PLANNING 37, REVISED 3/80 •JPPLELMENrAL INFORMATION FORM VARIANCE 1) Gross Acres (or square footage, if less than acre) 36 Acres 2) Zone P. C. 3) General Plan Land Use Designation RDN 4) By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully and explain how the proposed. project nets each of these facts. Use additional sheets if necessary. a) Explain why theze are exceptional or extraordinary circumstances or ca'iditicxis applicable to the property or to the intended use that do not apply 'generally to the other property or class of use in the same vicinity and zaie: b) Explain why such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but inich is denied to the property in question: SEE ATTACHMENT #2 c) Explain why the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or iiriproveieats in such vicinity and zone in which the property is located SEE ATTACHMENT #2 d) Explain why the granting of such variance will not adversely affect the ccrehensive general plan: . . ATTACHMENT #2 Calavera Hills Village 0&P-1, Unit #4 Sulementa1 Information Form Variance: Variance from City of Carlsbad Standards for public streets is requested in two (2) areas: 1. A request to reduce the intersection spacing along Tamarack Avenue between "A" Street and "C" Street from 300 feet to 280 feet. 2. A request to reduce the intersection spacing along "C" Street between Tamarack Avenue and "D" Street from 300 feet to 290 feet. Question #4: a. The existing street configuration of Milford Place, Tamarack Avenue and Harwich Drive is such that the "island" of Unit #4 east of Tamarack Avenue can only have one single point of access from Tamarack Avenue. The proposed intersection locations optimize both safety consideration and the feasability of developing this "island". b. The variances requested are necessary to permit an alignment of streets that allows for reasonable de- velopment of the property. C. If these variances are granted, the public welfare will not be harmed sibce there will be adequate sight- distance provided at these intersections to assure a safe traffic condition. d. The granting of these variances will allow the reason- able development of this property within the guidelines of the General Plan and will.-therefore not adversely affect that General Plan. 0 6 MCDONALD, HECHT & SOLBERG ALEX C. MCDONALD' A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS A. JOHN HECHT ATTORNEYS AT LAW DARRYLO.SOLBERG IIOO FINANCIAL SOUARE JEROLD H. GoLDBERG' PAUL E. ROBINSON' 600 6' STREET THOMAS C. NELSON SAN DIEGO, CALIFORNIA 92101 ROBERTA S. ROBINSON DAVID W BAGLEY, II CHARLES R. GILL DENOTES A PROFESSIONAL CORPORATION TELEPHONE AREA CODE 69 239-3444 1LI IJUAPR 81981 PACIFIC SCEN: SAN DIEGO, April 6, 1987 Ms. Linda Sanders Sundance Financial, Inc. 3900 Harney Street San Diego, California 92110 Re: The Knolls of Calavera Hills / Phase 5 Dear Linda: Enclosed is a copy of the recorded Grant Deed conveying Lot H-2 to The Knolls of Calavera Hills Homeowners Association, the original of which was filed with the San Diego County Recorder on February 27, 1987 as File/Page No. 87-104106. Very truly yours, McDONALD, HECHT & SOLBERG Alex C. McDonald ACM/din Enclosure I . 87-:10,11 ,16 CFF!C'. RECO-D Cf ut.;ryc. 939 -. -. VEft\ L. LY Recording Requested By AC?1N mu W. When Recorded Return To: McDONALD, HECHT & SOLBERG Mr. Alex C. McDonald 1100 Financial Square 600 "B" Street San Diego, California 92101 i Mail Tax Statements To: The Knolls of Calavera Hills Homeowners Association c/o George Haviar Pacific Scene, Inc. 3900 Harney Street San Diego, California 92110 r-r- - 1. • )ñ T.' GRANT DEED The undersigned grantor declares: Documentary Transfer Tax is $_NONE -- no consideration. computed on full value of property conveyed. ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area; (X) City of Carlsbad. A.P.N. /. - I TREETOPS UNLIMITED, a joint venture composed of Financial Scene Incorporated, a California corporation, and Pacific Scene, Inc., a California corporation, hereby GRANTS to THE KNOLLS OF CALAVERA HILLS HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation, the following described property located in the City of Carlsbad, County of San Diego, State of California: Lot C-i of CARLSBAD TRACT NO. 83-21 UNIT NO. 2 according to Map thereof No. 11477 filed in the Office of the County Recorder of San Diego County, California, on April 1, 1986, and Lot I of CARLSBAD TRACT NO. 83-21 UNIT NO. 3 according to Map thereof No. 11476 filed in the Office of the County Recorder of San Diego County, California, on April 1, 1986; RESERVING THEREFROM the following easements: 1. For the benefit of (i) the members of THE KNOLLS OF CALAVERA HILLS HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation ("Association"), and (ii) such others as Grantor may from time to time determine, -1- 940 reserving the right to grant the te i._ others, a non- exclusive easement of ingress, egress and of enjoyment appurtenant to the Lot owned by such member as set forth in the Declaration of Covenants, Conditions and Restrictions to which reference is hereafter made. The easement herein reserved shall be subject to the terms, conditions, restrictions, reservations and provisions set forth in said Declaration. The Lots conveyed hereby are for the use of the members of the Association and not for the use of the general public. 2. For the benefit of Grantor, a non-exclusive easement in gross on, over and under the property granted herein for all purposes set forth in the Declaration of Covenants, Conditions and Restrictions referred to herein and for access, ingress and egress for purposes of construction and installing improvements thereon, in accordance with the plans approved by and the requirements of the City of Carlsbad, California, making repairs and replacements to said improvements, including slope banks, and displaying the same to prospective purchasers of property covered by the Declaration. This deed is made and accepted upon the terms, conditions and restrictions set forth in that certain Declaration of Covenants, Conditions and Restrictions recorded in the Office of the County Recorder of San Diego County, California, on April 24, 1986 as File/Page No. 86-158392, made applicable to the property conveyed hereby by Declaration of Annexation recorded in the Office of the County Recorder of San Diego County, California, on October 10, 1986, as File/Page No. 86-456488, which by this reference are incorporated herein as though set forth in full. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed. Dated: November 5, 1986. TREETOPS UNLIMITED BY: PACIFIC SCENE, INC. By By ? BY: FINANCIAL SCENE INCORPORATED By By -2- 0 0 0 941 STATE OF CALIFORNIA ss. COUNTY OF SAN DIEGO this /O -' day of ____________, l9 before me, vY\TL ,. a Notary Public.in and for said state, peronly appeared - known to me (o on the 1~~~~A-jf-aistary .ev-i-dencQ) to be the _ President, and ) D. ce.k2i, known to me evetflthebas±s -of f-a-et-oy--ev±de/ce -) to be the n-,1 / Secretary of PACIFIC SCENE, INc), the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that executed the within instrument and acknowledged to me that such corporation executed the same as such joint venturer and that such joint venture executed the same. WITNESS my hand and official seal. OFFICAL SEA •.•.e. • CO SOS U .s*.. so..-... e.... Robin Lynn Stroman : Notary PubiC.CiIdorni. • Pinc3I OIce In MN DIEGO Couv '1NOTARY PUBt My Comm. Exp June 17. 198 STATE OF CALIFORNIA ss. COUNTY OF SAN DIEGO On this \—\-i day of L CL(t(-bA. , l9fr, before me, a Notary-ubli c in and for said state,ersoha1ly appeared f\ -ç- .Q I(( known to me (or proved t me on the basis of satisfactory evidence) to _b the President, and known to me (o proved to me on the basis of satisfactory evidence) to be the Secretary of FINANCIAL SCENE INCORPORATED, the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that executed the within instrument and acknowledged to me that such corporation executed the same as such joint venturer and that such joint venture executed the same. WITNESS my hand and official seal. r - .- OFFICIAL SEAL SALLY pRuEvr W crnta SAN DIEGO COUNTY 44"N"11 My Comm. En Feb. 23. 1990 , NTARY / BLIC —3- r and When Recorded Return To: McDONALD, HECHT & SOLBERG Mr. Alex C. McDonald 1100 Financial Square 600 "B" Street S,an Diego, California 92101 Mail Tax Statements To: The Knolls of Calavera Hills Homeowners Association c/o George Haviar Pacific Scene, Inc. 3900 Harney Street San Diego, California 92110 .j)' 827 . 87-104106 .L/ CF RECORD' I I; LO C)UTy, i$f'E27 AMS:OO LCVEi\ L. LYLE OWjy E~~7 GRANT DEED The undersigned grantor declares: Documentary Transfer Tax is $_NONE -- no consideration. ( computed on full value of property conveyed. ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area; (X) City of Carlsbad. A.P.N. J'• -: ,' • TREETOPS UNLIMITED, a joint venture composed of Financial Scene Incorporated, a California corporation, and Pacific Scene, Inc., a California corporation, hereby GRANTS to THE KNOLLS OF CALAVERA HILLS HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation, the following described property located in the City of Carlsbad, County of San Diego, State of California: Lot H-2 of CARLSBAD TRACT NO. 83-21 UNIT NO. 3 according to Map thereof No. 11476 filed in the Office of the County Recorder of San Diego County, California, on April 1, 1986; RESERVING THEREFROM the following easements: 1. For the benefit of (i) the members of THE KNOLLS OF CALAVERA HILLS HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation ("Association"), and (ii) such others as Grantor may from time to time determine, reserving the right to grant the same to others,' a non- exclusive easement of ingress, egress and of enjoyment appurtenant to the Lot owned by such member as set forth .in the Declaration of Covenants, Conditions and Restrictions to which reference is hereafter made. The easement herein -1- 6 . reserving the right to grant the same to o'hers, a non- exclusive easement of ingress, egress and of enjoyment appurtenant to the Lot owned by such member as set forth in the Declaration of Covenants, Conditions and Restrictions to which reference is hereafter made. The easement herein reserved shall be subject to the terms, conditions, restrictions, reservations and provisions set forth in said Declaration. The Lots conveyed hereby are for the use of the members of the Association and not for the use of the general public. 2. For the benefit of Grantor, a non-exclusive easement in gross on, over and under the property granted herein for all purposes set forth in the Declaration of Covenants, Conditions and Restrictions referred to herein and for access, ingress and egress for purposes of construction and installing improvements thereon, in accordance with the plans approved by and the requirements of the City of Carlsbad, California, making repairs and replacements to said improvements, including slope banks, and displaying the same to prospective purchasers of property covered by the Declaration. This deed is made and accepted upon the terms, conditions and restrictions set forth in that certain Declaration of Covenants, Conditions and Restrictions recorded in the Office of the County Recorder of San Diego County, California, on April 24, 1986 as File/Page No. 86-158392, made applicable to the property conveyed hereby by Declaration of Annexation recorded in the Office of the County Recorder of San Diego County, California, on September 24, 1986, as File/Page No. 86-421938, which by this reference are incorporated herein as though set forth in full. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed. Dated: November 5, 1986. TREETOPS UNLIMITED BY: PACIFIC SCENE, INC. By By BY: FINANCIAL SCENE INCORPORATED By A L V By -2- STATE OF CALIFORNIA bj 829 SS. COUNTY OF SAN DIEGO state, përoa1ly appeared (.rLe known to me P eveoe-) to be the H resident, and , known to me (o—pv-edtTh--th.e_basis_-cf sat factory-ev tee) to be the Vj-i Seebay of PACIFIC SCENE, C., the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that executed the, within instrument and acknowledged to me that such corporation executed the same as such joint venturer and that such joint venture executed the same. WITNESS my hand and official seal. •...I..$....l... ••••...e.-4....#. OFRCIALSEAL Y 7'O Robin Lynn Stroman : 1L1 : - - • Notary PubIic.California • v\ , \f-(jjfj,JpJ Principal Office In a SAN DIEGO COUNTY NOTARY PUBC 'V My Comm E .h 17. i9l ................. STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO O_,th41 s 4!1' day of l9,, before me, IF a Notary Public in and for said state,' per'iofially appeared known to to me (or proved tome on the basis of satisfactory evidence) tp ?e the President, and . , known to me (o proved to me on the basis of . satIsfactoryevidence) to be the Secretary of FINANCIAL SCENE INCORPORATED, the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that executed the within instrument and acknowledged to me that such corporation executed the same as such joint venturer and that such joint venture xecuted the same. WITNESS my hand and official seal. OFFICIAL SEAL ET SALLY PRUETT Notary Public-California SAN DIEG6 COUNTY NOTARY/ PUBLIC .My Comm Exp. Feb. 23l:J MCC POOR QUALITY ORIGINAL (S) RECORDING REQUE*TL ' AND WN5fl steosoaD MAIL THIS DeeD AND. UHLrsS WIU SHOWN BILLOW. MAIL TAX $TATCMCNTS TO. NAM r— Treetop. Unlimited As..a.. 3OO Barney Street OTT San Diego, Ca. 92110 STAT, Title Order No. S-579973 Escrow No. 22303 P II Dated March 5, 1980 - 14 T r in: or t . it iiotrrt I Itt \T't OF Sea .Dic&Q-__ - I,I.,re me. the on. i Ier..,gne.t. a Notary I4t,I,e n an.t (.'r.a,d I W I- 7 of the rarine,. .1 the thalet tie flu,, ,ls.lrulUeflt. ant -nil, partner-hit. is,, riled the -as.,, SC-402577 fullm NO.- mm so KWM RQUI3T OF UTLE Rom= 03N?MY MAR 26 &#X OlE0OWflY. L MA L LYLE KMM SPACE ABOVE THIS LINE FOR RECORDER'S USE - so- 'N? 1.0251'? LAKE C RA BILLS ASSOCIATES, a Limirtn7 J/ OAFECO FOR NOTARY SEAL OR STAMP PATSY I BUP4 NO1*4Y PiEIlCCAU°'I! • .' COUNTY OF SAN UIEC.Ct C3,11IJ 1H1TT ni:i:jj VJHttL'i JaJa TRANSFER TAX PAID The undersigned declares that the documentary transfer tax is $..2.3.84,.80........ and is computed on the full value of the interest or prnperty conveyed, or is r' computed on the full value kia the value of liens or encumbrances remaining thereon at the time of aale. The land, tenements or realty is located in City of Carlsbad 0 unincorporated area FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LAKE CAL&VERA BILLS ASSOCIATES, a Limited Partnership hereby GRANT(S) to TREETOPS IWLIMITED, a Joint Venture, Composed of: FINANCIAL SCENE INCORPORATED, a California corporation, and PACIFIC SCENE, INC., a California corporation, the following described real property in the City of Carlsbad county of San Diego ' state of California: Those portions of Lots "B", "K" and "J" of RANCHO AGUA NEDIONDA 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, being more particularly in the Exhibit "A" attached hereto and made a part hereof. MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN, MMLAS DIRECTED ABOVE - Na SIrest Addrr.. cle, S SIaM CA.-I IR,a. 3-155 C- I, k. Page 1 of 5 EXKIST.T "A" PARCEL A: - - Tho.e portions of Lots "D", "E" and "3" of RANCHO AGUA HEDIONDA 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, being more particularly described as Parcel 1-A, Parcel l-.B and Parcel 2, as follows: PARCEL 1-A: COMMENCING at the Southwesterly corner of MIRA COSTA MESA UNIT NO. 5, according to Map thereof No. 7151 filed in the Office of the County Recorder of San Diego County, December 29, 1971, being a point on the common city limits of the City of Oceanside and the City 3f Carlsbad, and being also a point on the Northerly line of land described in Parcel 1 in deed to DON N. BOWEER as Trustee of the MARTHA KILLEFER TRUST under Trust Ajreement dated February 27, 1962, said deed being recorded September 8, 1976 as File No. 76-294347; thence along the Northerly boundary of the City of Carlsbad, being along the Northerly line of said • Trustee's land South 89°19'04" West (deed-South 89'19'35" West) 1903.60 feet to the common boundary between said Lots "0" and "3" of RANCHO AGIJA HEDIONDA; thence along said common boundary South 13'37'33" East 765.48 feet to the Southeasterly corner of land described in Parcel 1 in deed to DON N. SOWKER as Trustee of the AiiM S. LEWIS TRUST under Trust Agreement dated June 1, 1970, said deed being recorded September 8, 1976 as File No. 76-294346, and being also the TRUE POINT OF BEGINNING; thence along the Southeasterly line of said land South 70°04'37" West 870.00 feet to an angle point in the proposed Villale Line; thence continuing along said Southeasterly line South 70'04'27" West, 1097.00 feet to the Easterly boundary of Parcel "H" School SIte; thence along the boundary of said Parcel "M" School Site as follows: South 16'49'53" East, 218.38 feet to an angle point therein; South 2h'l0'Z3" East, 500.00 feet; South 8529'37" West, 480.00 feet; North 39'00'23" West, 372.00 feet; and North 1346'4" West, 237.29 feet to the Southeasterly line of said Trustee's land last hereinabove referred to; thence alonf. said Southeasterly line South 7004'37" West, 183.29 feet; thence leaving said Southeasterly line South 2837 1 41" East, 543.34 feet; thence South 02'54'50" West 350.00 feet; thence South 17'25 1 10" East, 4:0.00 feet; thence South 2425'10" s-579973 S-607233 E-21602 SOO _1 [1 -- kn,.o th. .1 tb list •.i.iii.il li. i.,tlinin.truuiriit. aol a kit,i, lr.l..l ii. -iii Ii fUr,. , sot tutu I 1h, .atiii u flatur. .- MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN. MAIL ASDIRECDABOVE St,o,i Addroo City & Stats CAL-1 j$.•;?. PATSY I OUP&A NOfMt PEIfCCLI°PIIA :t •4?' CL'IJNTY Oh SAN UiEf,I 8 Page 2 of 5 East, 490.00 feet to the canter line of Elm Avenue proposed extension; thence South 1043'01" West, 257.35 feet; thence South 2425 1 10" East, 430.00 feet; thence South 48'05'12' East, 200.00 feet; thence South 24'25'10" East, 300.00 feet; thence North 5909'50" East 587.00 feet; thence North 43'29'50" East, 339.00 feet; thence South 80°08'50" East, 11.22 feet to the center line of Tamarack Avenue proposed extension, being a point on the arc of a 1000.00 foot radius curve, concave Northwesterly, a radial line of said curve bears South 75'17 140" East to said point; thence along said center line as follows Northeasterly along the arc of said curve through a central angle of 33'19'32" a distance of 581.64 P. feet; and tangent to said curve North 18'37'12" West, 273.62 feet to the center line intersection of Elm Avenue proposed extension; thence continuing North 1837'12" West, 310.00 feet; thence North 31'37'23" West_ 372.70 feet; thence North 0l'04'50" East, 105.00 feet; thence North 7914'50" East, 650.00 feet; thence South 87'I5'10" East, 740.00 feet; thence South 71'31'39" East, 651.98 feet; to the center line of College Boulevard proposed extension; thence along said center line North 29'40'59" East, 420.00 feet; thence leaving said center line North 59'02'50" West, 373.81 teat; thence North 80 °35'00" West, 1240.00 feet; thence North 21'03'00" ist 44.98 feet to the beginning of a tangent 50.00 foot radius curve, concave Southeasterly; thence clockwise nlonr, the arc of said curve through a central angle of 129'05'00" a distance of 112.65 feet; th,nce tangent to said curve South 12'00 '00" East, 88.51 feet to the beginning or a tangent 50.00 foot rod iii.; curve, concave Northerly; thence Easterly along the are ot said curve through a central angle of 7958'09" a distance ot 69.79 feet to the beginning of a reverse 2000.00 foot radius curve; thence Northeasterly along the arc of said curve through a central angle ul 1342' 33" a distance of 548.55 feet to — the TRUE I'OINf OF BEGINNING. PARCEL 1-ti: CiMECINC at the Southwesterly corner of *At-(A COSTA NESt UNIT NO. 5, according to Map thereof No. 7151 filed in the Office of the County Recorder of San Diego County, December 29, 1971, being a point on the common city limits of the City of Oceanside and the City of Carlsbad, and being also a point on the Northerly line of land described in Parcel 1 in deed to 00N N. NOWEER as Trustee of the MANTHA gILLEFER TRJST under Trust Agreement dated Fearuary 27, 1962, said deed being recorded September 8, 1976 as File No. 76-294347; then.e along the Northerly S-579973 S-607233 E-21602 - - 30 'Y '3 'T7 a- -f.--.- •/h. fir I OiR'IW , f. 2)" P9f1!C i! ',• "-COUNTY 0) 15)' 'jE ) T'iI!IS 4 MAIL TAX STATEMFNTS TO PARTY SHOWN ON FOLLOWING LINE. IF NO PARTY SO SHOWN. MAIL ASDIRECTAVE -------______ , 'i,,,i Add,,-.., (ap I SS ( lRev. 3-19) N? 102577 r pAtsy I gtIa;'&M i3rA,rr ccuy o s u' .' - a •.,.• 2: PRRIIC cttr :Qo \/' Page 3 of 5 J boundary of the City of Carlsbad, being along the Northerly line of said Trustee's land South 89'19'04" West (deed-South 89'19'35" West) 1903.60 feet to the common boundary between said Lots "U" and "J" of RANCHO ACUA REI)IONDA; and being the IRUE POINT OF BEGINNING; thence along said common boundary South 13'37'33" East 765.48 feet; thence North 59 °51'59" East, 804.2b feet; thence North 13'37'33" West, 360.00 feet to the Northerly line of said Trustee's land last hereinabove referred to and the Northerly boundary of said City of Carlsbad; thence along said Northerly line South 89'19'04" West, 790.00 feet to the TRUE POINT OF BEGINNING. PARCEL 2: CIHENCING at the Southeast corner of said Lot "J"; thence along the Southerly prolongation of the Easterly line of said Lot "3"; South 0142'41' West, 484.02 feet to an angle point in the Northeasterly boundary of land described in deed to LAKE CALAVERAS HILLS ASSOCIATES, recorded April 7, 1977 as File No. 77-128086; thence along said Northeasterly boundary North 23 °15'45" West, 720.30 feet to the TRUE POINT OF BEGINNING; thence continuing along said Northeasterly boundary as follows: North 2315'45" West, 85.00 feet to an angle point therein; and North 3433'00" West, 692.00 feet to a point on the arc of a non-tangent 680.00 foot radius curve, concave Northwesterly, a radial line of said curve bears South 1720'00" East to said point; thence leaving said Northeasterly boundary Northeasterly along the arc of said curve through a central angle of 92'09'20" a distance of 1093.72 feet; thence leaving said curve, non-tangent North 07'27'26" East, 19.77 feet; thence North 69'28'42" East, 751.12 feet to the center line of College Boulevard proposed extension being a point on the arc of a nm,i.-tanm;ent 1000.00 foot radius curve, concave Southeasterly, a radial line cf said curve bears South 83'03'38" West to said point: thence Southerly along the arc of said curve though a central angle of 17°17'17" a distance of 301.73 feet; thence tangent to said curve South 24'13'39" East, 770.00 feet; thence South 08'46'24" West 980.08 feet; thence North 8113'39" West 210.00 feet; thence South 48'46'21" West, 250.00 feet; thence North 4843'39" West, 335.00 feet; thence North 7314'59' West 319.91 feet to the TRUE POINT OF BEGINNING. PARCEL B: Easements and right of way for iccess purposes over, along and across those portions of Lots "U" and "J" of kMCIIO AGUA HEOIONDA, in the City of Carlsbad, County of San Diego, State of California, according to Map S-579973 S-607233 E-21602 i ...1. a . •'t 1-' t. 7 ,' r.mo.ofl or th, .,rmnr,. 4 h. I th, oil,,,, .,,.i,utt,rol. thu a, kit,o Ir,irr,I u.n.,. I, thr i' MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWINI; lINt. IF NO PARTY SO SHOWN. MAIL AS DIRECMAWVZ a.. CM_•1 (ASv,3-75 b thereof No. 823 filed in the Office of the County Recorder of San Diego County, November 16, 1896, for the use of access to and from those parcels of land described as Parcels 1-A and 2 in that Certificate of Compliance recorded January 22, 1980 as File No. 80-024454 and being more particularly described as Access Casement Parcels A and B as follows: ACCESS EASIENT PARCEL A: A strip ot land 102.00 feet wide, being the proposed exten ion of College boulgvard, and the center lion of said strip being described as follows: 3' CtdENCING at the Southwesterly corner of i1ItA COST\ MESA UNIT NO. 5, according to Map thereof No. 7151 filed in the Office of the County Recorder of Sn Diego County, December 29, 1971; thence along the Southerly line of said Map No. 7151, North 891S'35" East, 31.12 foot to the TRUE POINT OF IIECINNLNu; rltenee South 38'5I'00" East, 25.26 feet, to the beginning of C tangent 1000.00 foot radius curve, concave Westerly; thence Southerly along the ate of said curve through a central angle of 7Y55'53" a distance of 132,. 25 feet; the'tee tangent to said curve South 36'56'53" 'es t , l.'09.25 feet to the be inning at a tangent 1000.00 Loot radius curve, concave -Southeasterly; thence! Southwesterly along the arc of said curve through a control angle ot 07'15'54" a distance of 126.80 feet to the most Easterly corner of Parcel 1-A of said Certificate of Compliance; thence tangent to said cuivo South 2940 1 59" West, 232.85 feet to a point of access to S iid Parcel 1-A; theoe continuing South 2940 '59" West, 353.67 feet to the beginning I a tangent 1000.00 foot radius curve, concave SouthisterIv; thec Southwesterly along the arc of said curve through a central angle at 53'54'38" a distance of 940.92 feet to a point of access to Parcel 2 of said Certificate of Compliance. Said easement to terminate Northerly in the Southerly line of said Map No. 7151. ACCESS EASENT PARCEL B: - A strip of land 102.00 feet in width, being the proposed extension of Elm Avenue, and the center line of said strip being described as follows: - s-579973 S-607233 E-21602 -- SO- I' I p i.,'rIii,',,I,',I II,--'.' -, I PATSY I 01: j:0 .4._ N013f P01111 Y1l •iI ;I CCW,ty di 5A l;i,It M, Ce',aa, tw'i If i)!SO MAIL TAX STTF%'EN'1S TO PARTY ShOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN. MAIL AS DIRECTW ABOVE LI Page 5of5 C*1ENCING at the most Easterly corner of said l'i,r'..l I_A said Certificate of Cumpliance as said corner is described in Access Easement Parcel A above thence South 29400590 West, 58b.52 feet to the beginning of a tangent 1000.00 foot radius curve, concave Southenaterly; thence Southwesterly along the arc of said curve through a central angle of 132'52' a distance of 236.45 feet to the center line intersection with Elm Avenue proposed extension and being the TRUE POINT OF RF.GLNNINC; thence North 7351'53" West, 155.70 feet to the beginning of ,i tangent 1000.00 foot radius curve concave Southerly; thence Westerly along the arc of said curve through a central angle of 3545'19" a dict.,nce of 606.59 feet thence tangent to said curve South 7122'48" We-t, 825.88 feet to the center line intersection with Tamarack Avenue proposed extension and being a point of access to said Parcel 1-A of Certificate of Compliance. Said easement to terminate Southeasterly in the center line of Access Easement Parcel. A above. EXCEPTING THEREFROM those portions lying within Parcels 1-A and 2 hereinabove described-. OR: Felylae 2-23-80 S-579973 S-607233 E-21o02 60, L,t MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE IF NO PARTY SO SHOWN. ABOVE * N. Sn*st A.Wr. St.i. *,ie ci ._--- flidl) hi Uii1•l ih.. ihI,iiii,i.i,nniviii .ini i Ln,,n,lc'.i n.m. U FOR NOTARY SEAL OR STAMP I t. PATSY I gIIRRIW tCT'Mi P6IIUC .AU .; .. COUNTY ijb S.kfi UEl I . ADDENDUM TO PROPOSAL FROM PACIFIC SCENE DATED 6/10/87 FROM Tf-1E KPJ01 L, DF /F t-1IL..L. HOMEOJEFS SOCIi1ION This addendum to the Pacific Scene proposai is for clarification of and additions to items 1-5 as follows: 1) Plant White Icepi.ant to the level of the existing concrete drainage ditch from the rear fence of Lots *142 thru 149 including the slope behind the view corridor. A permanent in ground irrigation system will be installed to facilitate iceplant growth. 2) Hydroseed Mix B as stated in plan. 3) Permanent in ground irrigation installation to facilitate the growth of the iceplant extension. Also the removal of large rocks that block the end of the concrete drainage ditch to allow adequate drainage. 4) Plant in accordance with approved slope planting plan Drawing * 242-6A, Project *83-21. 5) The term "View Lot" will be determined by Homeowners. The Project will be planted per plan with the exception being homeowner slopes that have been planted by the homeowner. In these cases the planned plantings will be left on the property unpianted allowing for planting at the homeowner's discretion (example Lot *200 slope). Subsequent to completion a landscape and irrigation inventory will be conducted. At this time Pacific Scene will be released of liability if the approved plan is met with the exception of the installer. The new plantings will be warrented against deficiencies for a period of 90 days by the installer. The Knolls of Calavera Hills Homeowners Association agrees to the Proposal with the Addendum. Date Pacific Scene agrees to the Addendum. Date City of Carlsbad Planning Dept. agrees to the Addendum. AGREEMENT RE RESPONSIBILITY FOR MAINTENANCE OF COMMON AREAS THIS AGREEMENT RE RESPONSIBILITY FOR MAINTENANCE OF COMMON AREAS ("Agreement") is made and entered into this _lst day of Sept. 1987, by and between PACIFIC SCENE, INC., a California corporation ("Developer"), and THE KNOLLS OF CALAVERA HILLS HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation ("Association"), with reference to the following RECITALS A. Developer is the developer of that certain residential housing project, located in Carlsbad, California, and situated upon the real property as more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference ("Project"). B. Association is the incorporated association of homeowners with- in the -Project andis responsible for, among other things, the maintenance of certain common areas within the Project, including certain landscaped areas contained within such common areas (collectively, "Common Area"). C. Heretofore, Developer has maintained at its expense that portion of the Common Area consisting of certain landscaped areas more particularly decsribed on Exhibit "B".attached hereto and incorporated herein by this reference ("Landscaped Common Area"). D. Developer now wishes to transfer and assign, and Association wishes to accept such transfer and assignment, of the responsibility for maintenance of the Landscaped Common Areas, pursuant to the terms and conditions set forth below. NOW, THEREFORE, the parties agree as follows: 1. Developer hereby transfers and assigns, and'Associatiofl hereby accepts the transfer and assignment of all responsibility for maintenance of the Landscaped Common Area. Such transfer and assignment shall be effective on September 1, 1987. S . 2. Association acknowledges and agrees that, with respect to the design, installation and/or maintenance by Developer of the Landscaped Common Area, (1) Association has, before the effective date of the transfer and assignment specified in Paragraph 1 above, examined and inspected the Landscaped Common Area, (ii) based upon Association's examination and inspection of the Landscaped Common Area, as of the date of the transfer and assignment, there are no defects or deficiencies of which Association is or reasonably should be aware, save and except only such defects and deficiencies, if any, as more particularly described on Exhibit "C" attached hereto and incorporated herein by this reference ("Punch-List"), and (iii) Association hereby releases Developer with respect to any liability, claim or expense arising from or connected with any defects or deficiencies in the Landscaped Common Area of which Association presently is or reasonably should be aware, save and except, only those items specified in the Punch-List. PACIFIC SCENE, INC., a California corporation WE Fly W." I, dmr~mv THE KNOLLS OF CALAVERA HILLS HOMEOWNERS ASSOCIATION BYq/&A. Date 7__ 7 By Date . I EXHIBIT "A" Lots 129 through 182, inclusive, and Lots C, D, E, F, C-i, C-2 and F-i of CARLSBAD TRACT NO. 83-21 UNIT NO. 2 according to Map thereof No. 11477 filed in the Office of the County Recorder of San Diego County, California, on April 1, 1986; and Lots 183 through 222, inclusive, and Lots H, I, H-i and 1-1-2 of CARLSBAD TRACE NO. 83-21 UNIT NO. 3 according to Map thereof No. 11476 filed in the Office of the County Recorder of San Diego County, California, on April 1, 1986. . fl EXHIBIT "B" Lots C, D, E, F, C-i, C-2 and F-i of CARLSBAD TRACT NO. 83-21 UNIT 2 according to Map thereof No. 11477 filed in the office of the County Recorder of San Diego County, California, on April 1, 1986; and Lots H, I, H-i and H-2 of CARLSBAD TRACT NO. 83-21 UNIT NO. 3 according to Map thereof No. 11476 filed in the Office of the County Recorder of San Diego 'County, California, on April 1, 1986. '2" RECORDING REQUESTED. BAD ) WHEN RECORDED MAIL TO: ) ) -c..CITY OF CARLSBAD ) ( 12OO Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorder's use Documentary transfer tax: $ No fee Signature of Eleciarant determining tax-firm name City of Carlsbad 167-100-10,42,43 Parcel No.168-040-12 & 13 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE 19 e5f THIS AGREEMENT is entered into this 12 day of _______ by and between TREETOPS UNLIMITED (name of developer-owner) a Joint Venture , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 3900 Harney Street (street) • San Diego, California 92110 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. 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: Construction of 130 Single-Family Duplexes (Attached) in Calavera Hills Village O&P-1, Unit #4. REV 4-2-82 C-,,4 9 3 s7) on said Property, ch development carries throposed name of - Calavera Hills Village O&P-1, Unit #4 (,.-,-,,and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the /2 day of ______________ 19 ~_, with the City a request for Tentative. Map approval for Village O&P-1, Unit #4 in Calavera Hills hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of theCity 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); arid WHEREAS, Developer Ind 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 NOW, THEREFOREin consideration of the rtals 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% ofthe 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 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 occupaicy for which the development is intended. Developer shall 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 be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvement.s required according to Titles 18, 20 or 21.of the Carlsbad Municipal Code. MIC REV 4-2-82 1 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 4onated 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 not paid as provided herein, the City will not have the funds to provide public facilities and services, and the - developme.nt 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 (. ". .zescribed. -4 - REV 4-2-82 6. All obligatSs hereunder shall termins 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 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 her-em 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. Whe-n the obligations of this agreement have been satisfied, City shall record a release. -5- REV 4-2-82 S IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: TREETOPS UNLIMITED CITY OF CARLSBAD, a municipal corporation of the Pacific Scene Inc. State of California MOW I / er i- L A. w—. .. I FinanciaL -S-e Incorporated BY Executiye President BY 'Admi-tt1ve Of fc er BY City Manager and - -- -. --- - ----I a -- -----i vr -- 'I. hJUL-•iL:.i) a of Satisfactory evidence to be the VICE President, and p w. tAcK&y known to me to be the VICE PRESIDENT of PACIFIC W&, INC., the corporation that executed the within instnaint on balf of said corporation, said corporation being known to me to be one of the joint ventures of 7ME1 tIMTrI), the joint venture that executed the within instrt,rnt, and acknowledged to me that such corporation executed the saz, both indi - vidually and as joint venturer of said joint venture, and that such joint venture also executed the sane. - WITNESS my hand and official seal. OFFICIAL SEAL KATHY LYNN GOMEZ NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY - My Commissidn Expires April 22, 1988 REV 4-2-82 STATE OF CALIFPRNIA COUNTY OF 'Da 44 SS. On this IL!. day of TUi?. v 19 rL, before me, the undersigned, a Notary Publicin and for said county and state, personally appearefl and i)(J 4. ' known to me (or provpd to me on the basis of 9tisfactory evidence) to be the iX(Cc)17V' Via , President and fldrThil )&( a.,etury, respectively of ThkZ(1i2 Ia) .5flL- 3r)1Yp.Pi*rJ the corporation that executed the within instrument, said persons being known to me to be the persons who executed the within instrument on behalf of said ' corporation, said corporation bein known to me to be one of the joint venturers of the joint venture that executed the within instrument and acknowledged to me that such IL corporation executed the same both individually and as jointventurorof said joint o venture and that such joint venture also executed the same. WlT.ESmy hand and official seal. Notary Public in and for said county and state. FORM - CJV Sanctity of Contract FOR NOTARY SEAL OR STAMP IUTIOFFiCIAL. SEAL ROBIN K DE KOLD NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expires AUG 30, 1988 STATE OF CAL5NIA - - - COUNTY OF On this 11± day of!V219 before me, the undersigned a Notary Publj,in and for Said County and state, POAL- tate, Personally , and IX Mi known to me for the basis of s tisfaclory evidence) to be the I- z President OOrctarVla W respectively of the Corporation that executed the within instrument, said persons being known to 0 me to be the persons who executed the within instrument on behalf of said ' corporation, said ly corporation known to me to be one of the joint venturers of joint 0 venture that executed the within instrument and acknowledged to me that such corporation executed the same both individually and as joint venturer of said joint 0 venture and that such joint venture also executed the same. WITNS$Smy hand and official seal. Notary Public in and for Said county and state FoRM - CJv SanctilY OF Contract FOR NOTARY SEAL OR STAMP OFFICIAL SEAL ROBIN K DE KOLD NO PUC .FORNJA I4 DIEGO COUnTY My cosnn. expires AUG 30, 1988 &FAfl U CALIPtEN1A) ss: caW1Y (J SAN DIEDD) On this 5th day of JUNE , 19 85, before me, the undersigned, a Notary Public in and for said County and State, personally ,ppred JOHN J. SUM€RS , proved to me on the basis of satisfactory evidence to be the VICE President, and D.W. knawn to me to be the VICE PRESIDENT of PACIFIC , INC., the corporation that executed the within instnrnt cx behalf of said cxrixration, said corporation being )aci to me to be one of the joint ventures of 7REEIMS UNLIMITED, the joint venture that executed the within instrument, and acknowledged to me that such rporatici executed the saw, both indi - vidually and as joint venturer of said joint venture, and that such joint venture also executed the sarr. WIESS my hand and official seal. a 5OFFICIAL SEAL C KATHY LYNN GOMEZ NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires April 22, 1988 IN WITNESS WHEREOF, this agreement is executed in San Diego ] ""C ounty, California as of the date first written above. DEVELOPER-OWNER: TREETOPS UNLIMITED Pacific Scene Inc. BY Q/32J 4 1iP P DENT BY V(D VICE PRESIDENT (J Financial e Incorporated BY Executi V e Preside'nt BY 4 ATTEST: (_. ALET}LA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) - -6- REV 4-2-82 : S . ALTA Loan Policy ce C-1724 SCHEDULE A Title Fee: $9,258.00 Amount of Insurance $8,828,000.00 Policy No. 900989-14 Date of Policy: June 27, 1985 at 8:00 A.M. 1 • Name of Insured: UNION BANK, a California Corporation 2. The estate or interest referred to herein is at Date of Policy vested in: TREETOPS UNLIMITED, a joint venture, composed of: FINANCIAL SCENE INCORPORATED, a California corporation and PACIFIC SCENE, INC., a California corporation 3. The estate or interest in the land described in Schedule C and which is encumbered by the insured mortgage is: FEE 4. The mortgage, herein referred to as the insured mortgage, and the assignments thereof, if any, are described as follows: A Deed of Trust to secure an indebtedness in the original principal sum of $8,828,000.00, recorded June 27, 1985 as File No. 85-229339 of Official Records. DATED: June 10th, 1985 TRUSTOR: TREETOPS UNLIMITED, a joint venture, composed of: FINANCIAL SCENE INCORPORATED, a California corporation DBA Great American Development Company and PACIFIC SCENE, INC., a California corporation TRUSTEE: UNION BANK, a California Corporation BENEFICIARY: UNION BANK, a California Corporation -5-7 . . AJJTA Loan Policy SCHEDULE B Part I This policy does not insure against loss or damage by reason of the following: 1. General and Special taxes for the fiscal year 1985-86, a lien, not yet payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. Covenants, conditions and restrictions, but deleting restrictions, if any, based on race, color, religion or national origin, in an instrument recorded April 1, 1958 in Book 7016, page 536 of Official Records. Said instrument provides that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made for value. Affects Parcel 3. 4. Covenants, conditions dd restrictions, but deleting restrictions, if any, based on race, color, religion or national origin, in an instrument recorded January 5, 1959 in Book 7427, page 358 of Official Records. Said instrument provides that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made for value. Affects Parcel 3. 5. An Agreement regarding construction of a 1.2 million gallon capacity sewage treatment and wastewater reclamation facility and necessary appurtenances and to provide for the financing and reimbursement for costs of oversizing thereof, dated December 26, 1979, upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: 'CITY OF CARLSBAD, CALIFORNIA, a municipal corporation and LAKE CALkVERA HILLS ASSOCIATES, a California partnership. RECORDED: January 14, 1980 as File No. 80-013386 of Official Records. 6. An Agreement regarding payment of a public facilities fee, dated February 25, 1980, upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: LAKE CALI&VERA HILLS ASSOC. and THE CITY OF CARLSBAD, a municipal corporation. RECORDED: May 19, 1980 as File No. 80-164050 of Official Records. Affects Parcel 1. S . 7. A Certificate of Compliance affecting the herein described property has been recorded September 10, 1982 as File No. 82-282024 of Official Records. Affects Parcel 3. 8. An Agreement regarding the payment of a public facilities fee, dated August 24, 1983, upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: TREETOPS UNLIMITED, a Joint Venture and THE CITY OF CARLSBAD, a municipal corporation. RECORDED: October 10, 1983 as File No. 83-363017 of Official Records. 9. A Hold Harmless Agreement stating "To indemnify and to hold the City of Carlsbad and any of its agencies or employees harmless from liability for injuries to persons, or damage to or taking of property, directly or indirectly caused by the diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements indentified in the approved plans; or by the design, construction or maintenance of the drainage system or other improvements indentified in the approved plans", dated September 19, 1983 executed by TREETOPS UNLIMITED, a Joint Venture, upon the terms, covenants and conditions contained therein recorded November 9, 1983 as File No. 83-407221 of Official Records. Affects Parcel 3. 10. An easement for public street purposes and incidental purposes in favor of the City of Carlsbad, a municipal corporation, recorded February 13, 1984 as File No. 84-053119 of Official Records, located within that portion of Lot "J" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823 on file in the Office of the County Recorder of said County, described as follows: Beginning at the Westerly terminus of that course designated as "North 79 °14'50" East, 650.00 feet" as shown on Sheet 2 of 3 Sheets of Record of Survey Map No. 9336 on file in the Office of said County Recorder; thence along said course North 79 014 1 50" East 38.50 feet to the TRUE POINT OF BEGINNING; thence continuing along said course North 79 °14'50" East 32.32 feet to a point in a non-tangent 330.00 foot radius curve concave Southwesterly, a radial line to said point bears North 58 °29 1 26" East; thence Northwesterly along said curve through a central angle of 47 °4326" an arc distance of 274.87 feet; thence tangent to said curve North 79 °14 1 00" West 227.57 feet; thence South 10 046 1 00" West 30.00 feet; thence South 79 0 14'00" East 227.57 feet to the beginning of a tangent 300.00 foot radius curve concave Southwesterly; thence Southeasterly along said curve through a central angle of 45 °32'10" an arc distance of 238.43 feet to the TRUE POINT OF BEGINNING. I . 11. An easement for drainage purposes and incidental purposes in favor of The City of Carlsbad, a municipal corporation, recorded March 12, 1984 as File No. 84-088882 of Official Records, located within those portions of Lot "J" of Rancho Agua Hedionda, 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 said County, November 16, 1896, said portions being more particularly described as Parcel 1 and Parcel 2 as follows: PARCEL 1: Beginning at the Northerly terminus of that certain course designated as North 02 °54'50" East 350.00 feet on Sheet 2 of 3 Sheets on Record of Survey No. 9336, on file in the Office of the Recorder of said County; thence South 73 °08'00" East 280.00 feet; thence North 84 °23 1 13" East 570.04 feet to a point hereinafter referred to as Point "A"; thence retracing South 84 °23 1 13" West 32.98 feet to the True Point of Beginning; thence North 59 °24 1 19" West 92.83 feet,; thence North 30035141 East 60.02 feet to a point on a non-tangent 270.00 foot radius curve concave Northeasterly, a radial bearing through said point bears South 32 °11 1 12" West; thence Southeasterly along said curve through a central angle of 03 °11 1 01" an arc distance of 15.00 feet; thence non-tangent South 30035141 West 45.35 feet; thence South 59 °24 1 19" East 97.86 feet; thence South 84 °23'13" West 24.83 feet to THE TRUE POINT OF BEGINNING. PARCEL 2: Beginning at the aforementioned Point "A"; thence North 10046 tO0 East 60.00 feet; thence South 79 °14'00" East 106.68 feet to the True Point of Beginning; thence North 42 °45 1 00" East 103.43 feet; thence South 47 °15 1 00" East 15.00 feet; thence South 42 °45'00" West 94.07 feet; thence North 79 °14 1 00" West 17.68 feet to the TRUE POINT OF BEGINNING. 12. A Certificate of Compliance affecting the herein described property has been recorded July 5, 1984 as File No. 84-253503 of Official Records. - Affects Parcel 3. 13. An Agreement regarding Payment Of A Public Facilities Fee, dated 25th day of September, 1984, upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: Treetops Unlimited, a Joint Venture and THE CITY OF CARLSBAD, a municipal corporation. RECORDED: December 17, 1984 as File No. 84-468759 of Official Records. . . SCHEDULE C The land referred to in this policy is situated in the State of California, County of San Diego and is described as follows: PARCEL 1: That portion of Lot D of RANCHO AGUA HEDIONDA, 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, being more particularly described as follows: COMMENCING at the Southwesterly corner of MIRA COSTA MESA UNIT NO. 5, according to Map thereof No. 7151, filed in the Office of the County Recorder of San Diego County, December 29, 1971, being a point on the common city limits of the City of Oceanside and the City of Carlsbad, and being also a point on the Northerly line of land described in Parcel 1 in Deed to Don N. Bowker as Trustee of the Martha Killefer Trust under Trust Agreement dated February 27, 1962 said Deed being recorded September 8, 1976 as File No. 76-294347 of Official Records; thence along the Northerly boundary of the City of Carlsbad, being along the Northerly line of said Trustee's land South 89 °19'04" West (deed-South 89 °19'35" West) 1903.60 feet to the common boundary between said Lots D and J of RANCHO AGIJA HEDIONDA; and being the TRUE POINT OF BEGINNING; thence along said common boundary South 13 °37 1 33" East, 765.48 feet; thence North 59 °51'59" East, 804.26 feet; thence North 13 °37'33" West, 360.00 feet to the Northerly line of said Trustee's land last hereinabove referred to and the Northerly boundary of said City of Carlsbad; thence from said Northerly line South 89 °19'04" West, 790.00 feet to the TRUE POINT OF BEGINNING. PARCEL 2: Those portions of Lot J of the RANCHO AGUA REDIONDA, in the City of Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of said County on November 16, 1896, described as follows: Beginning at the Northeast corner of Section 4, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, said Point of Beginning being also a point in the Easterly line of said Lot 3; thence West along the North line of said Section 4, a distance of 3252.00 feet to a point; thence North 25 °30' West, 692.30 feet to a point distant thereon South 25 °30' East, 1115.70 feet from the Northwesterly line of said Lot 3, said point being the TRUE POINT OF BEGINNING; thence parallel with said Northwesterly line of said Lot, North 67 °00'00" East, 3304.88 feet to the Easterly line of said Lot; thence along said Easterly line, North 14 °45 1 30" West, (Record North 13 °25' West) 1126.27 feet to the Northeasterly corner of said Lot 3; thence South 67 °00' West along the Northwesterly line of said Lot 3515.00 feet to a line which bears North 25 °30' West from the TRUE POINT OF BEGINNING; thence South 25 °30' East, 1115.70 feet to the TRUE POINT OF BEGINNING. I . EXCEPTING THEREFROM that portion described in Parcel 1 of that Deed recorded September 10, 1982 as File No. 82-282027 of Official Records. PARCEL 3: All that portion of Lot "J" of Rancho Agua Hedionda, 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 the County of San Diego, State of California, being more particularly described as follows: Beginning at an angle point in the bounday of Record of Survey Map N?. 9336, filed in the Office of said County Recorder, being the Northwesterly terminus of that certain course shown as North 80 °35 100" West 1240.00 feet on Sheet 2 of 3 Sheets of said Record of Survey Nap No. 9336; thence along said boundary South 80 0 35 1 00" East a distance of 92.15 feet; thence leaving said boundary South 04 0 01 1 32" West 507.85 feet; thence North 87 °15 1 10" West 77.00 feet; thence South 79 °14 150" West a distance of 611.50 feet (record 650.00 feet) to a point in the Northeasterly boundary of Carlsbad Tract No. 82-16 "The Villas at Calavera Hills", according to Map thereof No. 10860, filed in the Office of the County Recorder of San Diego County, February 29, 1984, said point being in the arc of a non-tangent 300.00 foot radius curve concave Southwesterly, a radial line to said point,bears North 56 °18 1 09" East; thence Northwesterly along the boundary of said Map No. 10860, along the arc of said curve through a central angle of 45 °32'09" a distance of 238.42 feet; thence tangent to said curve North 79 °14'00" West 227.57 feet; thence South 10046100n West 30.00 feet; thence South 84 °23'13" West 570.03 feet; (record 570.04 feet per said Map No. 10860); thence North 73 °08 1 00" West 280.00 feet to an angle point in the boundary of said Record of Survey Map No. 9336; thence leaving the boundary of said Map No. 10860, Northeasterly along the boundary of said Record of Survey, North 28 °37 1 41" West 482.64 feet; thence North 70 °04'37" East (Record North 70 °04 1 46") a distance of 167.64 feet; thence South 13 046 1 34" East 176.94 feet (Record 176.97 feet); thence South 39 °00 1 23" East 372.00 feet; thence North 85°29 1 37" East 480.00 feet; North 26 0 10 1 23" West 500.00 feet; thence North 16 °49'53" West 218.38 feet; thence leaving said boundary North 70 °04 1 37" East 1967.00 feet (Record North 70 °04 1 46" East 1966.81 feet) to an angle point in the boundary of said Record of Survey Map No. 9336, being also a point in the arc of a non-tangent 2000.00 foot radius curve concave Southeasterly, a radial line to said point bears North 46 °15'36 West (Record North 46 °15 1 10" West per said Record of Survey No. 9336); thence Southwesterly along the arc of said curve through a central angle of 15 °42 1 33" a distance of 548.35 feet (Record Delta - 15 042'39", Length - 548.41 feet) to a point of reverse curvature with a tangent 50.00 foot radius curve concave Northerly; thence Westerly along the arc of said curve through a central angle of 79 °58 1 09" a distance of 69.79 feet (Record Delta - 79 05749", Length 69.78 feet); thence tangent to said curve North 72 °00 100" West a distance of 88.57 feet to the beginning of a tangent 50.00 foot radius curve concave Southwesterly; thence Westerly and Southwesterly along the arc of said curve through a central angle of 129 °05 1 00" a distance of 112.65 feet; thence tangent to said curve South 21 005 100" East, a distance of 444.98 feet to the Point of Beginning. mr/rrr . . MCDONALD, IIECHT & SOLBERG ALEX C. MCDONALD A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS A. JOHN HECHT ATTORNEYS AT LAW DARRYLO.SOLBERG IIOO FINANCIAL SOUARE JEROLD H. GOLDBERG PAUL E. ROBINSON' 500 ''B' STREET THOMAS C. NELSON SAN DIEGO, CALIFORNIA 92101 ROBERTA S. ROBINSON KATHERINE M. SO DAVID W. BAGLEY, II OErOT5 A PROFESSIONAL CORPORATION TELEPHONE AREA CODE 519 29-3444 P.LHC AN O) ':A October 16, 1986 Ms. Linda Sanders Pacific Scene, Inc. 3900 Harney Street San Diego, California 92110 Re: The Knolls of Calavera Hills / Phase 5 Dear Linda: Enclosed are copies of the recorded Common Maintenance Area Easement and Declaration of Annexation for Phase 5 of The KnoITh of Calavera Hills, the originals of which were recorded with the San Diego County Recorder on September 23, 1986 and September 24, 1986, as File/Page Nos. 86-420524 and 86-421938, respectively. Very truly yours, McDONALD, HECHT & SOLBERG Alex C. McDonald ACM/aim Enclosures ?- L~LNJ 86 42 6 04 :cInLI) IN - Ifl I CIAL 1CUi() .)F SAN iLGO ft, U.4 1986 SEP 23 PM $: 01 VEP.A L. LYL E I COUNT Y [COIUL.!LJ tAX Npe n-no _qcideratic COMPUTED ON FULL VALUE OF PROpERTy CONVEYED, OR 0 COMPUTED ON FULL VALUE LESS LIENS & [CUM. BRANCES REMA:1:t ER•jT TJ1Y OF cDOLNAiu, riiHT --SOLBEBG Signature of declatarit or agent determining tax Firm Name Uninorpor Area City of. _Car,1sb ______ . 530.. Recording Requested By and When Recorded Return To: McDONALD, HECHT & SOLBERG Mr. Alex C. McDonald 1100 Financial Square 600 "B" Street San Diego, California 92101 COMMON MAINTENANCE AREA EASEMENT THIS COMMON MAINTENANCE AREA EASEMENT is made and entered into at San Diego, California, as of September 16, 1986, by and between TREETOPS UNLIMITED, a joint venture ("Grantor"), and THE KNOLLS OF CALAVERA HILLS HOMEOWNERS ASSOCIATION, a California rionprof it mutual benefit corporation ("Grantee"), with reference to the following RECITALS: A. Grantor is the owner of that certain real property located in the City of Carlsbad, County of San Diego, California, more particularly described as: Lots 187 through 191, inclusive, of CARLSBAD TRACT NO. 83-21 UNIT NO. 3 according to Map thereof No. 11476 filed in the Office of the County Recorder of San Diego County, California, on April 1, 1986, hereinafter called the "Servient Tenement." O B. Grantor has or intends to construct residential units on each of the lots contained within the Servient Tenement and to convey each to members of the public. C. Grantee has been formed as a property owners associa- tion composed of all owners of the Servient Tenement, together with the owners of other lots, and the owner of each lot is required to become a member of Grantee, which membership is appurtenant to each such lot. D. One of the purposes for which Grantee was formed is to provide for the maintenance of certain areas located upon the Servient Tenement ("Common Maintenance Area"), all as more particularly set forth in that certain Declaration of Covenants, Conditions and Restrictions made by Grantor recorded with the Office of the County Recorder of San Diego County, California, on April 24, 1986 at File/Page No. 86-158392 ("Declaration"), and in the Bylaws of Grantee. Grantor and Grantee therefore agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee an easement as hereinafter set forth. 2. Character of Easement. The easement granted herein is an easement in gross. 3. Description of Easement. The easement granted herein is for landscape and drainage maintenance and for erosion control. -2- . 02 4. Location. The easement granted herein is located on, over and under that portion of the Servient Tenement which is located within the description on Exhibit "A" attached hereto and made a part hereof. 5. Use. The easement granted herein includes the follow- ing uses of the Servient Tenement: To plant, replant, water, weed, cultivate, grade and otherwise maintain, repair and replace the landscaping, irrigation and drainage facilities within the easement, all as more fully set forth in the Declaration, the terms of which are incorporated herein by this reference as though set forth in full. 6. Exclusiveness of Easement. The easement granted herein is not exclusive. 7. Secondary Rights. The easement granted herein includes the incidental rights of access on, over and under the Servient Tenement as may be reasonably necessary to maintain the land- scaping and drainage facilities located within the easement. 8. obligation of Grantee. Granteeagrees to maintain or cause to be maintained the landscaping and drainage facilities within the easement in a neat, healthy and sightly condition as more fully set forth in the Declaration and Bylaws of Grantee. Anything contained herein to the contrary notwithstanding, Grantee shall have the right to drain water from the easement onto portions of the Servient Tenement not within the easement in accordance with the grading and improvement of the easement -3- . 1 0 .533 approved by the City of Carlsbad, California and installed by Grantor. 9. Attorney's Fees. In the event of any controversy, claim or dispute between the parties hereto relating to this instrument or the breach hereof, the prevailing party shall be entitled to costs of suit and such sum as the Court deems reasonable for attorney's fees. The prevailing party shall be the party in whose favor a final judgment is entered. 10. Binding Effect. This instrument shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date first hereinabove set forth. TREETOPS UNLIMITED, a joint venture BY: PACIFIC SCENE, INC. B BI BY: FINANCIAL SCENE INCORPORATED B B -4- . 3 THE KNOLLS OF CALAVERA HILLS HOMEOWNERS ASSOCIATION By By STATE OF CALIFORNIA ss. COUNTY OF SAN DIEGO On this day of , 19;., before me, a Notary 'ublic in and for said state, perpnally appeared known to me (Gprvd_-e------the evideøe) to be the t'Lk President, and ! , known to me (or-provedto -me-oflt-tie--basis---e.f sát-isfact-ory--ev4'denee-) to be the .\) LPAO&a4r Seér-etay of PACIFIC SCENE, INC., the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that executed the within instrument and acknowledged to me that such corporation executed the same as such joint venturer and that such joint venture executed the same. - - WITNESS my hand and official seal. NOTARY PUBLC •...i..*$-*• s.SSSUUU$ISI-*SS- Robin Lynn Stmman 14 • t: Noiaiy PuCaliforfl$$ • kicp4OCCh : SAN • My Comm. EA June 17. ig&: -5- • ... " 535 STATE OF CALIFORNIA ) - ) ss. COUNTY OF SAN DIEGO ) On th4 s ______ day of __, l9iQ before me, 44fiJkIA N. , Ta Notary ublic in and for said state, personally appeared E. (J.r2J known to me (or proved to me on the basis of _ satisfactory evidence) to be the __ President, and ____, known to me (or proved to me on the basis of satisfactory evidence) to be the j5+ t Secretary of FINANCIAL SCENE INCORPORATED, the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that executed the within instrument and acknowledged to me that such corporation executed the same as such joint venturer and that such joint venture executed the same. WITNESS my hand and off ic BE7 PERALL SEAL TA - CAUFORNIA O CO;JNTY ires MAY 5, 1989 seal. Y PUBLIC STATE OF CALIFORNIA ) ss. _-COUNTY OF SAN DIEGO ). On this I7— day of .LL-E. 19 before me, Notarr Public in and for said state, personally appeared ,—y '- personally known to me (or-_provedtQn±he --ba ---sat-i-sf-ac- tory—ev-4deice) to be the -- President, and personally known to me (or proved TÔ me on the basis of satisfactory evidence) to be the Vice c. cu Secretary of THE KNOLLS OF CALAVERA HILLS HOMEOWNERS ASSOCIATION, the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. _ 3 .+-~....+...- NOTARY PUBJC Robin Lynn Stroman t4otavy ptjCOfl11I q ornc,AL AL t office tn , -6- SAN DIEGO COUNTY + My Comm. Ep June 17. 1988 . . 536 THOSE PORTIONS OF HILLS UNIT NO. 3 CARLSBAD, COUNTY OF FOLLOWING DESCRIBED SLOPE EASEMENT LOTS 183 THRU 198 INCLUSIVE OF ACCORDING TO MAP THEREOF NO. SAN DIEGO, STATE OF CALIFORNIA, LINE: THE KNOLLS OF CALAVERA 11476 IN THE CITY OF LYING SOUTHERLY OF THE BEGINNING. AT A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 198 SAID POINT BEING 30.00 FEET NORTHWESTERLY ALONG SAID LINE FROM THE SOUTHEASTERLY TERMINUS THEREOF; THENCE NORTH 82009142N EAST 230.11 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 193 SAID POINT BEING 32.00 FEET NORTHERLY ALONG SAID LINE FROM THE SOUTHERLY TERMINUS THEREOF; THENCE SOUTH 89 0 51'36 EAST 320.01 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 185 SAID POINT BEING 11.00 FEET NORTHERLY ALONG SAID LINE FROM THE SOUTHERLY TERMINUS THEREOF; THENCE SOUTH 82023h17N EAST 40.30 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 184 SAID POINT BEING 11.00 FEET NORTHERLY ALONG SAID LINE FROM THE SOUTHERLY TERMINUS THEREOF; THENCE NORTH 75008h11N EAST 46.37 FEET TO THE POINT OF TERMINUS ON THE EASTERLY LINE OF SAID LOT 183 DESIGNATED AS NORTH 20025131$ EAST 50.75 FEET SAID POINT OF TERMINUS BEING 15.00 FEET NORTHERLY ALONG SAID LINE FROM THE SOUTHERLY TERMINUS THEREOF. RRIBIT 4 •HIBIT "C" j;.. ç I /L1LA 2 4 1987 1 THE KNOLLS OF CALAVERA HILLS HOMEOWNERS ASSOCIATION August 24, 1987 TO: Pete Schofield, Pacific Scene, Inc. FROM: Knolls Board of Directors RE: "Agreement Re. Responsibility for Maintenance of Common Areas" At the Board meeting held August 19, 1987, Corrine advised the Board of your offer to pay one--half of maintenance costs paid to NISSHO Enterprises, as well as paying those amounts paid to Dock-ry Landscaping for irrigation repairs and for the chemical treatment to the model homes. 'r cIi-scu-s ion-, t h-e---Bo as' d was of t h e -p i.n.io that... yo us- a f f r for the HISSHO Enterprises portion of the reimbursement request was not sufficient to cover the damage which has occurred to the landscaping area. In addition, the irrigation deficiencies which have occurred has required an enormous amount of time by Board members, the Common Area Committee, and 6. R. 6. Management Company, to attempt to correct these deficiencies. The Board made the motion to settle the NISSHO costs by Pacific Scene reimbursing 3/4ths of the amount--$5,535. The motion carried. In addition, following the walk-through by the City of Carlsbad on August 20, 1987, the Common Area Committee is recommending to the Board that an additional allowance of $2,800 be included in the settlement agreement to cover the following items: 1. Labor to. plant 200 trees, shrubs, or comparable plantings which Pacific Sceyip will . provide to The Knolls, and which is acc.eptable to the City of Carlsbad. 2. Re-hydroseeding of the Simsbury berm and the Milford slopes in the fall as recommended by the City. 3. Absorb the maintenance costs and assume responsibility for -the survival of the newly .planted ice plants in lower Knolls, the newly hydroseeded slope behind the cul-de-sac area on Simsbury Court, and all thó new trees and shrubs which are to be planted by The Knolls which ordinarily would have been covered by the installing landscaper for as "30-day period. This will include the cost for fertilizers, etc . Memo to Pacific Scene August 21, 1987 Page Two 4. Absorb the costs for any further irrigation line breaks and repairs which could be a costly item inasmuch as ..tbyep major irrigation line breaks have occurred within the past month. S. Absorb the cost for adjustments which need to be made to sprinkler heads to obtain adequate coverage in various areas throughout The Knolls. (This does not include those sprinkler heads which are to be replaced Evergreen Nursuries at the top of the Milford slopes.). The following amount is requested in order to settle the long.- standing frustrations involving the common areas HISSHO ENTERPRISES Feb.--$1334.50 Mar.--$1521.70 Apo.--$1521.70 May --$1480.64 June--$1521. 70 TOTAL $7,380.24 $5,535.00 DOCKRY LANDSCAPING 7-23-87 $1,130.17 7-29-87 $ 342.11 TF1O[ENTERPRISES Chemical treatment to model homes. 4/14/87 MAINTENANCE/REPLANTING ALLOWANCE TOTAL. $1,472.28 • $ 3000O • $2800.00 $ 10,107.28 U 1111*% 617 77200 CO-200 CHECK NO. 231131 ;.;i •R INVOICE DATE INVOICE DESCRIPTION GROSS AMOUNT DISCOUNTS, TAXES. RETENTIONS NET AMOUNT 8/31/87 LANECSAPE BEFICIEI 10107.28 10107.2 TOTALS #I 10107.28 10107.281 TREETOPS UNLIMITED BANKOFAMERIcA '. 3900 HARNEY STREET ' •. LA JOLLA INDUSTRIAL CHECKDATE CHECK NUMBER CORPORATE BANKING #1451 SAN DIEGO, CALIFORNIA DISBURSEMENT ACC,0UNT 9/01/87 619-299-5100 92110 66-156 13 531 EXACTLY *s*3c*3c8.10,107DOLLARS. AND.20/00-----------. PAY TO THE ORDER OF CHECK AMOUNT - $10,107.28 ** KNOLLS AT CALAVERA HILLS 7?)(thi) /'7ëf/A) F.O, BOX 1803 C/U GRG MANAGEMENT COMPANY CARLSBAD, CALIFORNIA 92000 ..........f-IIUNAL "i.I )II III CAROL INA • 23 1 L 3 10 .:o 53 LO L s ': ?iqa soq'. Li" . S CITY OF CARLSBAD ( 1200 ELM AVENUE CARLSBAD, CALIFORNIA, 92008 438-5621 - •1 REC'D FROM_/ /;1I(;/: i (:. DATE ACCOUNT NO. .óE TS I\ON AMOUNT RECEIPT NO.51502 TOTAL /3/c)