HomeMy WebLinkAboutCT 85-09; VISTA SANTA FE; Tentative Map (CT)1 ,LAND UEPLANNING 4W PLICATION
DISCRETIONARY ACTIONS
REQUEST
O Zone Change OSpecif Ic Plan V
0 General Plan Amendment 06ite Development Plan
Tentative Tract Map []Conditional Use Permit o Major Planned Unit Development Dvariance
D Master Plan [Planning Carnisspf1 Determination o Major Redevelopment Permit DSpecial Use Permit
DMinor Redevelopment Permit []Structure Relocation
o Precise Development Plan DMajor Condominium Permit
(check other boxes if appropriate) QCoastal Permit (Portion of Redevelopment
Area Only)
Complete Description of Project (attach additional sheets if necessary)
Formerly Area "C" of Vista Santa Fe CT 81-
That portion of Lot 9 of Rancho Las Encinitas, in the City of Carlsbad, County of San
Diego, State of California, according to the Map thereof No. 848, filed in the office
Assessors Parcel Number
of the County Recorder of San Diego County. 1 223-060-25 an. 225-031-16
PC RLM Vacant
Proposed Zone Proposed General Plan Site Acreage
N/C N/C 58.9 Acres
Owner Alicant
Name (Print or Type) Name (Print or Type)
Daon Corporation Homes by PolvQon
4350 Von Karmen, Suite 100 3152 Avenue, Suite 101 ,Redhill
ity and State Zip Telephone City and State Zip TelepbonE
Newport Beach, CA 92660 (714)476-2766 JI Costa Mesa, CA 92626 (714)557-4260
CERTIFY THAT I AM THE LEGAL C&NER AND CERTIFY THAT I AM THE OWNER'S REPRESENTATIVE
['HAT ALL THE ABOVE INFORMATION IS TRUE AND THAT ALL THE ABOVE INFORMATION IS TRUE
\ND CORRECT ¶10 THE BEST OF MY KNCLEDGE • AND CORRECT ¶10 THE BEST (MY KNONLEDGE.
3IGNATUO DATE
_______ Executive Vice-President _____i_____________
)ate Açlca oi ReC'd Iceived By Pow Re*iv .
71
:-:J/0
Receipt No.
7-73
We Ap1ication Réc 'd Staff Assignea Case Number
IF
0 -
CITY iF CARLSBAD
1200 ELM AVENUE • CARLSBAD,CALIFOI
438-5551
RECEIVED F'ROM kU DATE
ADDRESS
A/c. NO. \ \1ESCRIPTION AMOUNT
CS ecLQU&-c\
A LA
I C
_ %O111273
7f
-
____ •1L
9861jj
47398 TOTAL V8!57'0 -
- that further information is required, you will be so advised..
•
Datencorporation - 3/13/84
APPLICANT:
Homes by Polygon, A California Corporation, I.D.#33-0032731 -
Name (individual, partnership, joint venture, corporation, syndication)
3152 Redhill Avenue, Suite 100, Costa Mesa, CA 92626
Business Address
(714) 557-4260
Telephone Number
AGENT:
MEMBERS:
Russell F. Padia, Executive Vice-President
Name
3152 Redhill Avenue,- Suite 100, Costa Mesa, CA 92626
Business Address
(714)'557-4260
Telephone Number
Name '(individual, partner, joint . Eome Address
venture, corporation, syndication)
Business Address
Telephone Number Telephone Number
Home Address -
Business Address -
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. -
Homes by Polygon
Applicant
Y RussellF. ad i a
Partner'
/
/IN
RICK ENGINEERING COMPANY
365 SO. RANCHO SANTA FE ROAD
SAN MARCOS, CALIFORNIA 92069
S
PLANNING CONSULTANTS
AND CIVIL ENGINEERS
• SUITE 100
619/744-4800
PROJECT DESCRIPTION
VISTA SANTA FE, AREA C
February 26, 1985 - Job No. 8405-C
This project is a continuation and completion of the origi-
nal Vista Santa Fe, Tentative Map (CT 81-16), which has
recently expired.
There are 156 single family homes in this project with one
recreation lot, one potential future elementary school site
lot and one open space lot along the north and west. Carls-
bad Tract 81-16 formerly approved 204 condominium units in
the "C" area, then known as phases C-i thru C-7.
This proposed tentative map intends to develop 156 single
family detached homes, and by utilizing a split-level con-
cept, conform to the existing land forms and preserve much
of the natural hillside along the north and west limits of
the project.
It is anticipated similar landscape and improvement require-
ments will be placed on the regraded portions of the open
space of this project as was placed on CT 81-16. Therefore,
the continuity of this open space corridor will continue.
The project will complete a street network between the pre-
viously recorded Vista Santa Fe CT 81-16 maps (Units 1 - 6),
a pending Tentative Map, Vista Santa Fe, Area B-East, CT
81-16A, and a long recorded but unconstructed project, Santa
Fe Knolls, CT 75-9B. The project will also support costs
for the construction of Rancho Santa Fe Road (half-width)
from just north of the Olivenhain Municipal Water District
offices to just north of Mision Estancia, and the construc-
tion of a traffic signal at Rancho Santa Fe Road and Calle
Barcelona.
The Signal was bonded for with Unit No. 1, and the improve-
ments for Rancho Santa Fe Road were bonded for with Unit No.
4 of CT 81-16. Construction will begin after the design
criteria required by the City is finalized and incorporated
into the plans.
Page 1 of 2
When the Vista Santa Fe tentative map was submitted in 1981,
a focused EIR was prepared and approved as part of CT 81-16.
This new tentative map is essentially the same as phases C-i
thru C-7 of CT 81-16 and should therefore have no new or
different environmental impacts on the area from those pre-
viously covered under CT 81-16.
The developer has been dedicating land within Stagecoach
Park as each unit of CT 81-16 is approved. It is antici-
pated that this process will continue with approval of final
maps for this project. According to the Parks Agreement
between Daon and the City of Carlsbad, double dedication of
land is being done in Stagecoach Park to accelerate the
acquisition of the full 28 acres proposed for this facility.
The existing agreement between the La Costa Land Company and
the Encinitas School District will cover this project. It
is anticipated that school fees will be paid to the San
Dieguito School District in accordance with current policy.
Existing and proposed sewer, water and utility services will
be utilized to serve the project. These services are con-
structed, or to be constructed by adjacent projects, or this
one.
This project will be developed under the La Costa Develop-
ment Plan as outlined in the approved La Costa Master Plan.
Page 2 of 2
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.
Hömes by Polygon
Signature Date
Russel-1F. Padia, Executive Vice-President Agent
Name (Print) Relationship to Application
(Property Owner-Agent)
FORM: PLANNING 37, REVISED 3/80
S
4b
AGREEMENT TO EXTEND TIME LIMITS
TO ALLOW REVIEW OF THE LAND USE
ELEMENT OF THE GENERAL PLAN
In a desire to assist the City of Carlsbad to
expeditiously review the Land Use Element of the General Plan and
to ensure full and adequate review of the application for this
development project the undersigned agrees that the time limits
imposed by law to approve or disapprove this application shall be
extended. If a negative declaration is adopted for this project
the undersigned agrees that the time period for approval or
disapproval is extended for 90 days. If the project requires an
environmental impact report the undersigned agrees that the time
limit imposed by Section 21151.5 of the Public Resources Code is
extended for six months and that the project shall be approved or
disapproved within 90 days after the certification of the
environmental impact report. The undersigned understands that the
City will process this application according to City Council
Resolution No. 7872 and consents to processing the application
according to that resolution.
Homes by Polygon
Signature of Applicant or Date
Authorized Agent
Russell F.—PadThT Executive Vice-President, AutI-orized. Agent
Name (print) Title (Applicant, Authorized Agent, etc.)
APPROVED:
Michael J. Holzmiller
Land Use Planning Manager
AGREEMENT TO EXTEND TIME LIMITS
TO ALLOW REVIEW OF THE LAND USE
ELEMENT OF THE GENERAL PLAN
In a desire to assist the City of Carlsbad to
expeditiously review the Land Use Element of the General Plan and
to ensure full and adequate review of the application for this
development project the undersigned agrees that the time limits
imposed by law to approve or disapprove this application shall be
extended. If a negative declaration is adopted fo this project
the undersigned agrees that the time period for approval or
disapproval is extended for 90 days. If the project requires an
environmental impact report the undersigned agrees that the time
limit imposed by Section 21151.5 of the Public Resources Code is
extended for six months and that the project shall be approved or
disapproved within 90 days after the certification of the
environmental impact report. The undersigned understands that the
City will process this application according to City Council
Resolution No. 7872 and consents to processing the application
according to that resolution.
Homes by Polygon
Signature of Applicant or
Authorized Agent
'----Rucs Ose,;r~~-T~ a7d-i ::~
Name (print) Title
01/22/85
Date
can , etc.)
APPROVED:
Michael J. Holzmiller
Land Use Planning Manager
S
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
CITY OF CARLOAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
I.
Space above this line for Recorder's use
Documentary transfer tax: $ No fee --
Signature of decLarant determining
tax-firm name
City of Carlsbad
Parcel No. 3c-t'3I - 0?
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this Q2GLday of i,qfy, 19
by and between Homes by Polygon
(name of developer-owner)
a Corporation , hereinafter referred t,o as :T.
(Corporation, partnership, etc.)
"Developer" whose address is A152 Redhill Avenue, Suite 100, Costa Mesa
(street)
California, 92626 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 SETH: -
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:
Single family residential subdivision composed of 101 dwelling units.
REV 4-2-82
Cis /2ev i
S ..
on said Property, whic development carries the p oposed name of 02-
-
and is herea-fter referred to as "Development"; and
WHEREAS, Developer filed on the 2_ day of i)(M-,t'
19 with the City a request for 101 lot Subdivision
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan
requires that the City Council find that all public facilities
necessary to serve a development will be available concurrent with
need or such development shall not be approved (said element is on
file with the City Clerk and is incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of Council
Policy No. 17, dated April 2, 1982, in file with the City Clerk and
incorporated by this reference, and that the City's public facilities
and services are at capacity and will not be available to accommodate
the additional need for public facilities and services resulting from
the proposed Development; and
WHEREAS, Developer has asked the City to find that public
facilities and services will be available to meet the future needs of
the Development as it is presently proposed; but the Developer is
aware that the City cannot and will not be able to make any such
finding without financial assistance to pay for such services and
facilities; and therefore, Developer proposes to help satisfy the
General Plan as implemented by Council Policy No. 17 by payment of a
public facilities fee.
-2-
REV 4-2-82
NOW, THEREFORE, S consideration of the recSis and the
- covenants contained herein, the parties agree as follows:
1. The.-Developer shall pay to the City a public facilities fee
in an amount not to exceed 2% of the building permit valuation of the
building or structures to be constructed in the Development pursuant
to the Request. The fee shall be paid prior to the issuance of
building or other construction permits for the development and shall
be based on the valuation at that time. This fee shall be in
addition to any fees, dedications or improvements required pursuant
to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer
shall pay a fee for conversion o f existing building or structures
into condominiums in an amount not to exceed 2% of the building
permit valuation at the time of conversion. The fee for a
condominium conversion shall be paid prior to the issuance of a
condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction
permits", "other construction permit" and "entitlement for use" as
used in this agreement, except in reference to mobilehome sites or
projects, shall not refer to grading permits or other permits for the
construction of underground or street improvements unless no other
permit is necessary prior to the use or occupancy for which the
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 improvements required according to Titles 18, 20 or 21 of the
Carlsbad Municipal Code.
-3-
REV 4-2-82
S S 0
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 donated under
this paragraph shall not include improvements required pursuant to
Titles 18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required
to ensure the consistency of the Development with the City's General
Plan. If the fee is not paid as provided herein, the City will not
have the funds to provide public facilities and services, and the
development will not be consistent with the General Plan and any
approval or permit for the Development shall be void. No building or
other construction permit or entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financing of public
facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this
and similar public facilities fees are available.
5. City agrees to provide upon request reasonable assurances to
enable Developer to comply with any requirements of other public
agencies as evidence of adequate public facilities and services
sufficient to accommodate the needs of the Development herein
described.
-4-.
REV 4-2-82
-
6. All obligatSs hereunder shall terminaS In the event the cII11
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 Nail,
addressed to the City at the address set forth herein, enclosed in a
sealed envelope, addressed to the City for attention of the City
Manager, postage prepaid and certified.
7.2 If notice is given to Developer by personal delivery
thereof to Developer or by depositing the same in the United States
Mail, enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated; postage prepaid and certified.
8. This agreement shall be binding upon and shall inure to the
benefit of, and shall apply to, the respective successors and assigns
of Developer and the City, and references to Developer or City herein
shall be deemed to be reference to and include their respective
successors and assigns without specific mention of such successors
and assigns. If Developer should cease to have any interest in the
Property, all obligations of Developer hereunder shall terminate;
provided, however, that any successor of Developer's interest in the
property shall have first assumed in writing the Developer's
obligations hereunder.
9. This agreement shall be recorded but shall not create a lien
or security interest in the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
-5-
REV 4-2-82
• • IN WITNESS WHEREOF, this agreement is executed in San Diego
County, CalifArnia as of the date first written above.
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
DEVELOPER—OWNER:
Homes by Polygon
(n awe
F. pa (i ia
E ecutive Vice Presidnt
17—t i / ' /1
STATE OF CALIFORNIA
BY Michae — 1.
Chief
(Title)
ATTEST:
ALETHA L. R
APPROVED AS
UQUNTY OF _ orange -'
On this 22nd day of January , 19_85 , before me, the undersigned,
a Notary Public in and for said County and State, personally appeared
R.F. Padia
personally known tome (or proved tome on the basis of satisfactory evidence) to be theExecut ive Vice
President, and Michael E. Abee
personally known tome (or proved tome on the basis of satisfactory evidence) to be the C. F. 0 and
Secretary of the corporation that executed the within instrument,
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and - oau SEAL IU1 acknowledged to me that such corporation executed the same, AGNES DEMPSTER
Nofiry PuiNc CalNusnIa pursuant to its by laws, or a resolution of its Board of Directors.
_
WflY WITNESS my hand and official seal. •_: r.... s
Notary signature (This area for official seal)
VINCENT F. BIONDO, JR.,
City Attorney
(Notarial acknowledgement of execution by DEVELOPER—OWNER must be
attached.)
M.
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U
07 S S
EXHIBIT "A"
-- LEGAL DESCRIPTION
Parcels A, B & C as described below
PARCEL A
That portion of Lot 9 of RANCHO LAS ENCINITAS, in the City of
Carlsbad, County of San Diego, State of California, according
to the Map thereof No. 848, filed in the office of the County
Recorder of San Diego County, being more particularly
described as follows:
Commencing at the Southwesterly corner of said Lot 9; thence
along the Southerly line thereof, North 87 ° 38' 31" East
1429.71 feet to the TRUE POINT OF BEGINNING; thence leaving
said Southerly line, North 2 ° 21' 29" West 181.40 feet;
thence North 35 ° 05' 54" West 184.00 feet; thence North 39 0
38' 22" West 100.00 feet; thence North 50 ° 21' 38" East 99.44
feet; thence North 390 38' 22" West 220.66 feet; thence North
53 0 21' 03" East 152.50 feet; thence South 15 ° 21' 00" East
58.74 feet; thence South 35 ° 26' 45" East 102.00 feet; thence
North 54 0 33' 15" East 120.37 feet; thence North 35 0 26' 45"
West 100.00 feet; thence North 15 0 39' 52" West 57.61 feet;
thence North 54 ° 37' 49" East 61.12 feet; thence North 51 0
01' 52" East 182.20 feet; thence North. 62 ° 02' 29" East 49.28
feet; thence South 82 0 56' 17" East 46.91 feet; thence South
72 0 00' 37" East 62.53 feet; thence South 550 16' 04" East
11.06 feet; thence South 730 39 1 43" East 58.28 feet; thence
South 62° 44' 37" East 17.29 feet; thence South 83° 54' 34"
East 54.38 feet; thence South 61 0 19' 22" East 10.29 feet;
thence North 88 0 53' 48" East 66.70 feet; thence North 86 0
08' 38" East 71.23 feet; thence North 74 0 18' 45" East 62.12
feet; thence South 10 ° 07' 53" East 94.81 feet; thence South
6 ° 10' 02" East 69.81 feet; thence South 2 0 44' 54" East
69.81 feet; thence South 0 ° 31' 48" West 86.47 feet; thence
North 80 0 29' 02" East 12.10 feet; thence South 9 0 30' 58"
East 166.00 feet; thence North 84 0 21' 36" East 61.64 feet;
thence North 78 0 56' 31" East 177.36 feet to a point on the
arc of a non-tangent 870.00 foot radius curve concave
Westerly, a radial line to said point bears South 76 0 40' 32"
East; thence Southerly along the arc of said curve through a
central angle of 5 0 01' 09 11 , a distance of 76.21 feet; thence
non-tangent to said curve, South 63 ° 37' 05" West 925.32
feet; thence South 87 0 38' 31" West 114.29 feet to the TRUE
POINT OF BEGINNING.
S S 09
PARCEL B
That portion of Lot 9 of RANCHO LAS ENCINITAS, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 848, filed in the Office of the County
Recorder of San Diego County, June 27, 1898, being described
as follows:
Commencing at the Northeast corner of Carlsbad Tract No.
81-16, Vista Santa Fe Unit No. 2, according to Map thereof
No. 10991, recorded July 9, 1984; thence leaving said
Northeast corner South 62 0 54' 43" East 39.00 feet, to the
beginning of a tangent 520.00 foot radius curve concave
Northerly; thence Easterly along the arc of said curve
through a central angle of 64° 49' 46", a distance of 588.37
feet, to the TRUE POINT OF BEGINNING; thence continuing
Easterly along the arc of said last mentioned curve through a
central angle of 2 0 33' 03", a distance of 23.15 feet; thence
tangent to said curve North 490 42' 28" East 370.82 feet, to
the beginning of a tangent 730.00 foot radius curve concave
Southeasterly; thence Northeasterly along the arc of said
curve through a central angle of 17 0 21' 11", a distance of
221.09 feet; thence tangent to said curve North 67 0 03' 39"
East 3.04 feet; thence South 22° 56' 21" East 104.00 feet, to
the beginning of a tangent 85.00 foot radius curve concave
Northeasterly; thence Southeasterly along the arc of said
curve through a central angle of 16° 15' 36 11 , a distance of
24.12 feet, to the beginning of a reverse 65.00 foot radius
curve concave Southwesterly; thence Southeasterly along the
arc of said curve through a central angle of 16 ° 15' 36", a
distance of 18.45 feet; thence tangent to said curve South
22° 56' 21" East 15.96 feet; thence South 65 0 01' 20" West
84.02 feet; thence South 56 ° 17' 21" West 41.98 feet; thence
South 38 ° 58' 08" East 80.42 feet; thence South 370 02' 32"
East 82.77 feet; thence South 3 0 12' 56" West 66.35 feet, to
a point on the arc of a non-tangent 230.00 foot radius curve
concave Southerly, a radial line to said point bears North 3°
12' 56" East; thence Easterly along the arc of said curve
through a central angle of 13° 59' 08", a distance of 56.14
feet; thence tangent to said curve South 70 0 00' 10" East
102.47 feet to the bégining of a tangent 330.00 foot radius
curve concave Northerly; thence Easterly along the arc of
said curve through a central angle of 39 0 43' 48 11 , a distance
of 228.83 feet; thence tangent to said curve North 70° 16'
02" East 67.72 feet, to the beginning of a tangent 20.00 foot
radius curve concave Northwesterly; thence Easterly,
Northeasterly, and Northerly along the arc of said curve
through a central angle of 90 0 00' 00t1, a distance of 31.42
feet, to a point of cusp; thence tangent to said curve South
190 43' 58" East 32.83 feet to the beginning of tangent
0~ S S
1270.00 foot radius curve concave Westerly; thence Southerly
along the arc of said curve through a central angle of 6 ° 59'
26", a distance of 154.95 feet; thence non-tangent to said
curve South 74° 42' 54" West 87.00 feet; thence South 740 18'
45" West 75.12 feet; thence South 86 0 08' 38" West 71.23
feet; thence South 88 0 53' 48" West 66.70 feet; thence North
61 0 19' 22" West 10.29 feet; thence North 83 0 54' 34" West
54.38 feet; thence North 62 ° 44' 37" West 17.29 feet; thence
North 73 0 39' 43" West 58.28 feet; thence North 550 16' 04"
West 11.06 feet; thence North 72° 00' 37" West 62.53 feet;
thence North 82° 56' 17" West 46.91 feet; thence South 62°
02' 29" West 49.28 feet; thence South 51 0 01' 52" West 182.20
feet; thence South 54° 37' 49" West 61.12 feet; thence North
38 0 58' 08" West 101.00 feet; thence North 340 31' 41" West
60.00 feet; thence South 55 ° 28' 19" West 19.74 feet, to the
beginning of a tangent 20.00 foot radius curve concave
Northeasterly; thence Westerly and Northwesterly along the
arc of said curve through a central angle of 88 0 15' 18 11 , a
distance of 30.81 feet; thence tangent to said curve North
36 0 16' 23" West 109.69 feet, to the beginning of a tangent
170.00 foot radius curve concave Northeasterly; thence
Northwesterly along the arc of said curve through a central
angle of 3 ° 53' 14", a distance of 11.53 feet; thence tangent
to said curve North 32 0 23' 09" West 15.74 feet, to the
beginning of a tangent 65.00 foot radius curve concave
Northeasterly; thence Northwesterly along the arc of said
curve through a central angle of 16° 15' 36", a distance of
18.45 feet, to the beginning of a reverse 85.00 foot radius
curve concave Southwesterly; thence Northwesterly along the
arc of said curve through a central angle of 16° 15' 36", a
distance of 24.12 feet; thence tangent to said curve North
32 0 23' 09" West 24.00 feet, to the beginning of a tangent
20.00 foot radius curve concave Southeasterly; thence
Northeasterly along the arc of said curve through a central
angle of 84 0 38' 40", a distance of 29.55 feet; thence radial
to said curve North 37° 44' 29" West 60.00 feet, to the TRUE
POINT OF BEGINNING.
0/6 S S
-- - PARCEL C
That portion of Lot 9 of RANCHO LAS ENCINITAS, in the City of
Carlsbad, County of San Diego, State of California, according
to the Map thereof No. 848, filed in the Office of the County
Recorder of San Diego County, being more particularly des-
cribed as follows:
Commencing at the Southwesterly corner of said Lot 9; thence
along the Southerly line thereof, North 87 0 38' 31" East
1544.00 feet; thence leaving said Southerly line North 63 °
37' 05" East 925.32 feet, to the TRUE POINT OF BEGINNING;
thence continuing North 63 0 37' 05" East 81.93 feet, to a
point on the arc of a non-tangent 930.00 foot radius curve
concave Westerly, a radial line to said point bears, South
750 12' 39" East; Northerly along the arc of said curve
through a central angle of 24 0 04' 51" a distance of 390.87
feet; thence tangent to said curve North 9 ° 17' 30" West
150.00 feet, to the beginning of a tangent 1030.00 foot
radius curve concave Westerly; thence Northerly and North-
westerly along the arc of said curve through a central angle
of 12° 44' 30", a distance of 229.06 feet; thence tangent to
said curve North 22 0 02' 00" West 450.00 feet; thence South
67 58' 00" West 60.00 feet; thence North 22 0 02' 00" West
202.60 feet, to a point of cusp with a 20.00 foot radius
curve concave Northwesterly, a radial line to said point
bears North 67 0 58' 00" East; thence Southeasterly,
Southerly, and Southwesterly along the arc of said curve
through a central angle of 90 ° 00' 00", a distance. of 31.42
feet; thence tangent to said curve South 67° 58' 00" West
121.06 feet, to the beginning of a tangent 400.00 foot radius
curve concave Southeasterly; thence Southwesterly along the
arc of said curve through a central angle of 17 0 51' 02" a
distance of 124.62 feet; thence tangent to said curve South
50 0 06' 58" West 9.69 feet, to beginning of a tangent 370.00
foot radius curve concave Northwesterly; thence Southwesterly
along the arc of said curve through a central angle of 16°
56' 41" a distance of 109.42 feet; thence tangent to said
curve South 67 ° 03' 39" West 141.75 feet; thence South 22 0
56' 21" East 104.00 feet to the beginning of a tangent 85.00
foot radius curve concave Northeasterly; thence Southeasterly
along the arc of said curve through a central angle of 16 0
15' 36" a distance of 24.12 feet, to the beginning of reverse
65.00 foot radius curve concave Southwesterly; thence South-
easterly along the arc of said curve through a central angle
of 16 0 15' 36" a distance of 18.45 feet; thence tangent to
said curve South 22 0 56' 21" East 15.96 feet; thence South
65 0 01' 20" West 84.02 feet; thence South 56 ° 17' 21" West
S S
41.98 feet; thence South 38 0 58' 08" East 80.42 feet; thence
South 32 °. 02' 32" East 82.76 feet; thence South 30 12' 56"
West 66.35 feet, to a point on the arc of a non-tangent
230.00 foot radius curve concave Southerly, a radial line to
said point bears North 3 0 12' 56" East; thence Easterly along
the arc of said curve through a central angle of 16 ° 46' 54"
a distance of 67.37 feet; thence tangent to said curve South
70 0 00' 10" East 102.47 feet, to the beginning of a tangent
330.00 foot radius curve concave Northerly; thence Easterly
along the arc of said curve through a central angle of 39 °
43' 48", a distance of 228.83 feet; thence tangent to said
curve North 70 ° 16' 02" East 67.72 feet, to the beginning of
a tangent 20.00 foot radius curve concave Northwesterly;
thence Easterly, Northeasterly, and Northerly along the arc
of said curve through a central angle of 90 0 00' 00", a
distance of 31.42 feet, to a point of cusp; thence South 19°
43' 58" East 32.83 feet, to the beginning of a tangent
1270.00 foot radius curve concave Southwesterly; thence
Southeasterly along the arc of said curve through a central
angle of 6 0 59' 26" a distance of 154.95 feet; thence non-
tangent to said curve South 74° 42' 54" West 87.00 feet;
thence South 74 ° 18' 45" West 13.00 feet; thence South 10 0
07' 53" East 94.81 feet; thence South 6 0 10' 02" East 69.81
feet; thence South 2 0 54' 44" East 69.81; thence South 0 ° 31'
48" West 86.47 feet; thence North 80 0 29' 02" East 12.10
feet; thence South 9 0 30' 58" East 166.00 feet; thence North
84 0 21' 36" East 61.64 feet; thence North 78 0 56' 31" East
177.36 feet to a point on the arc of a non-tangent 870.00
foot radius curve concave Westerly, a radial line to said
point bears South 76° 40' 32" East; thence Southerly along
the arc of said curve through a central angle of 5 0 01' 09" a
distance of 76.21 feet to the TRUE POINT OF BEGINNING.
As 0 I
SUBDIVISION MAP GUARANTEE
REF: C.T. 81-16, UNIT 9
FEE: $100.00
NO.: 300002-1
TITLE INSURANCE COMPANY OF MINNESOTA, a corporation
REPRESENTED BY FOUNDERS TITLE COMPANY
GUARANTEES
THE CITY OF CARLSBAD
IN THE SUM NOT EXCEEDING $1,000.00
THAT ACCORDING TO THOSE PUBLIC RECORDS WHICH, UNDER THE RECORDING
LAWS, IMPART CONSTRUCTIVE NOTICE OF MATTERS AFFECTING THE TITLE TO THE
LAND HEREINAFTER DESCRIBED, THE ONLY PARTIES HAVING ANY RECORD TITLE
INTEREST IN SAID LAND WHOSE SIGNATURES ARE NECESSARY, CERTIFICATES
CONSENTING TO THE RECORDATION OF THE SUBDIVISION MAP OF SAID LAND AND
OFFERING FOR DEDICATION ANY STREETS, ROAD, AVENUES, AND OTHER
EASEMENTS OFFERED FOR DEDICATION BY SAID SUBDIVISION MAP ARE:
SEE ATTACHED EXHIBIT "A"
THE TRACT HEREINBEFORE REFERRED TO IS A SUBDIVISION OF LAND
DESCRIBED AS:
SEE ATTACHED DESCRIPTION
Dated: November 26, 1984
TITLE INSURANCE COMPANY OF MINNESOTA
REPRESENTED BY FOUNDERS TITLE
COMPANY
ASSISTANT SECRETARY
S S
EXHIBIT "A"
HOMES BY POLYGON, a California Corporation, as Record Owner
The signature of THE CITY OF CARLSBAD, Holder of an easement
Recorded October 12, 1984 as File No. 84-387680 of Official
Records, has been omitted under the provisions of Section
66436, Subsection C-i of the Government Code. Their interest
is such that it cannot ripen into a fee title and their
signature is not required by the governing body.
TICOR TITLE INSURANCE COMPANY OF SAN DIEGO, a California
Corporation, formerly TITLE INSURANCE AND TRUST COMPANY, a
California Corporation, as Trustee under Deed of Trust
Recorded October 25, 1984, as File No. 84-403302 of Official
Records.
OD-
S .
DESCRIPTION
That portion of Lot 9 of RANCHO LAS ENCINITAS, in the City of
Carlsbad, County of San Diego, State of California, according
to the Map thereof No. 848, filed in the Office of the County
Recorder of San Diego County, being more particularly des-
cribed as follows:
Commencing at the Southwesterly corner of said Lot 9; thence
along the Southerly line thereof, North 87 0 38' 31" East
1544.00 feet; thence leaving said Southerly line North 63°
37' 05" East 925.32 feet, to the TRUE POINT OF BEGINNING;
thence continuing North 63 0 37' 05" East 81.93 feet, to a
point on the arc of a non-tangent 930.00 foot radius curve
concave Westerly, a radial line to said point bears, South
750 12' 39" East; Northerly along the arc of said curve
through a central angle of 24 0 04' 51" a distance of 390.87
feet; thence tangent to said curve North 90 17' 30" West
150.00 feet, to the beginning of a tangent 1030.00 foot
radius curve concave Westerly; thence Northerly and North-
westerly along the arc of said curve through a central angle
of 12 0 44' 30 11 , a distance of 229.06 feet; thence tangent to
said curve North 22 0 02' 00" West 450.00 feet; thence South
67 0 58' 00" West 60.00 feet; thence North 22 0 02' 00" West
202.60 feet, to a point of cusp with a 20.00 foot radius
curve concave Northwesterly, a radial line to said point
bears North 67 0 58' 00" East; thence Southeasterly,
Southerly, and Southwesterly along the arc of said curve
through a central angle of 90 0 00' 00", a distance of 31.42
feet; thence tangent to said curve South 67 0 58' 00" West
121.06 feet, to the beginning of a tangent 400.00 foot radius
curve concave Southeasterly; thence Southwesterly along the
arc of said curve through a central angle of 17 0 51' 02" a
distance of 124.62 feet; thence tangent to said curve South
50 0 06' 58" West 9.69 feet, to beginning of a tangent 370.00
foot radius curve concave Northwesterly; thence Southwesterly
along the arc of said curve through a central angle of 16 °
56' 41" a distance of 109.42 feet; thence tangent to said
curve South 67 ° 03' 39" West 141.75 feet; thence South 22 0
56' 21" East 104.00 feet to the beginning of a tangent 85.00
foot radius curve concave Northeasterly; thence Southeasterly
along the arc of said curve through a central angle of 16 0
15' 36" a distance of 24.12 feet, to the beginning of reverse
65.00 foot radius curve concave Southwesterly; thence South-
easterly along the arc of said curve through a central angle
of 16 0 15' 36" a distance of 18.45 feet; thence tangent to
said curve South 22 ° 56' 21" East 15.96 feet; thence South
65 0 01' 20" West 84.02 feet; thence South 56 ° 17' 21" West
S .
DESCRIPTION CONTINUED
41.98 feet; thence South 38 0 58' 08" East 80.42 feet; thence
South 32° 02' 32" East 82.76 feet; thence South 3 0 12' 56"
West 66.35 feet, to a point on the arc of a non-tangent
230.00 foot radius curve concave Southerly, a radial line to
said point bears North 3 0 12' 56" East; thence Easterly along
the arc of said curve through a central angle of 16 0 46' 54"
a distance of 67.37 feet; thence tangent to said curve South
70 0 00' 10" East 102.47 feet, to the beginning of a tangent
330.00 foot radius curve concave Northerly; thence Easterly
along the arc of said curve through a central angle of 39 0
43' 48", a distance of 228.83 feet; thence tangent to said
curve North 70° 16' 02" East 67.72 feet, to the beginning of
a tangent 20.00 foot radius curve concave Northwesterly;
thence Easterly, Northeasterly, and Northerly along the arc
of said curve through a central angle of 90 ° 00' 00", a
distance of 31.42 feet, to a point of cusp; thence South 19 0
43' 58" East 32.83 feet, to the beginning of a tangent
1270.00 foot radius curve concave Southwesterly; thence
Southeasterly along the arc of said curve through a central
angle of 6 0 59' 26" a distance of 154.95 feet; thence non-
tangent to said curve South 74° 42' 54" West 87.00 feet;
thence South 74° 18' 45" West 13.00 feet; thence South 10°
07' 53" East 94.81 feet; thence South 6° 10' 02" East 69.81
feet; thence South 2 0 54' 44" East 69.81; thence South 0 0 31'
48" West 86.47 feet; thence North 80 0 29' 02" East 12.10
feet; thence South 9 0 30' 58" East 166.00 feet; thence North
84 0 21' 36" East 61.64 feet; thence North 78 0 56' 31" East
177.36 feet to a point on the arc of a non-tangent 870.00
foot radius curve concave Westerly, a radial line to said
point bears South 76° 40' 32" East; thence Southerly along
the arc of said curve through a central angle of 5 0 01' 09" a
distance of 76.21 feet to the TRUE POINT OF BEGINNING.
S S
FOUNDERS TITLE COMPANY
1843 HOTEL CIRCLE SOUTH, SUITE 100
SAN DIEGO, CALIFORNIA 92108 (619)296 -8300
PRELIMINARY TITLE REPORT
HOMES BY POLYGON
3152 REDHILL AVE., STE. 100
COSTA MESA, CALIFORNIA
Attention: AGNES
Your Ref: CARLSBAD TR. 81-16,
UNIT 9
Our No.: 300002-1
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE
INSURANCE, THE INSURER HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR
CAUSE TO BE ISSUED, AS THE DATE HEREOF, A POLICY OR POLICIES OF TITLE
INSURANCE DESCRIBED THE LAND AND THE ESTATE OR INTEREST THEREIN
HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY
REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS
AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE
PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY
OR POLICIES ARE SET FORTH IN SCHEDULE 1 AND SCHEDULE 1 (CONTINUED)
ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE
AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED
THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED: November 26, 1984 at 7:30 A. M.
TITLE OFFICER BEARSKIN
jrnnt/fju
S .
SCHEDULE "A"
ORDER NO. 300002-1
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT
IS:
Subdivision Guarantee
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR
REFERRED TO COVERED BY THIS REPORT IS:
AFEE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
HOMES BY POLYGON, a California Corporation
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
SEE ATTACHED DESCRIPTION
S 0
DESCRIPTION
That portion of Lot 9 of RANCHO LAS ENCINITAS, in the City of
Carlsbad, County of San Diego, State of California, according
to the Map thereof No. 848, filed in the Office of the County
Recorder of San Diego County, being more particularly des-
cribed as follows:
Commencing at the Southwesterly corner of said Lot 9; thence
along the Southerly line thereof, North 87 0 38' 31" East
1544.00 feet; thence leaving said Southerly line North 63 °
37' 05" East 925.32 feet, to the TRUE POINT OF BEGINNING;
thence continuing North 63 0 37' 05" East 81.93 feet, to a
point on the arc of a non-tangent 930.00 foot radius curve
concave Westerly, a radial line to said point bears, South
75 0 12' 39" East; Northerly along the arc of said curve
through a central angle of 24 0 04' 51" a distance of 390.87
feet; thence tangent to said curve North 9 ° 17' 30" West
150.00 feet, to the beginning of a tangent 1030.00 foot
radius curve concave Westerly; thence Northerly and North-
westerly along the arc of said curve through a central angle
of 12° 44' 30", a distance of 229.06 feet; thence tangent to
said curve North 22 0 02' 00" West 450.00 feet; thence South
67° 58' 00" West 60.00 feet; thence North 22 0 02' 00" West
202.60 feet, to a point of cusp with a 20.00 foot radius
curve concave Northwesterly, a radial line to said point
bears North 67 0 58' 00" East; thence Southeasterly,
Southerly, and Southwesterly along the arc of said curve
through a central angle of 90 ° 00' 00", a distance of 31.42
feet; thence tangent to said curve South 67 0 58' 00" West
121.06 feet, to the beginning of a tangent 400.00 foot radius
curve concave Southeasterly; thence Southwesterly along the
arc of said curve through a central angle of 17 0 51' 02" a
distance of 124.62 feet; thence tangent to said curve South
50 0 06' 58" West 9.69 feet, to beginning of a tangent 370.00
foot radius curve concave Northwesterly; thence Southwesterly
along the arc of said curve through a central angle of 16°
56' 41" a distance of 109.42 feet; thence tangent to said
curve South 67° 03' 39" West 141.75 feet; thence South 22°
56' 21" East 104.00 feet to the beginning of a tangent 85.00
foot radius curve concave Northeasterly; thence Southeasterly
along the arc of said curve through a central angle of 16 0
15' 36" a distance of 24.12 feet, to the beginning of reverse
65.00 foot radius curve concave Southwesterly; thence South-
easterly along the arc of said curve through a central angle
of 16 0 15' 36" a distance of 18.45 feet; thence tangent to
said curve South 22 0 56' 21" East 15.96 feet; thence South
65 0 01' 20" West 84.02 feet; thence South 56 ° 17' 21" West
ok-7
S I
DESCRIPTION CONTINUED
41.98 feet; thence South 38 0 58' 08" East 80.42 feet; thence
South 32° 02' 32" East 82.76 feet; thence South 30 12' 56"
West 66.35 feet, to a point on the arc of a non-tangent
230.00 foot radius curve concave Southerly, a radial line to
said point bears North 3 0 12' 56" East; thence Easterly along
the arc of said curve through a central angle of 16° 46' 54"
a distance of 67.37 feet; thence tangent to said curve South
70 0 00' 10" East 102.47 feet, to the beginning of a tangent
330.00 foot radius curve concave Northerly; thence Easterly
along the arc of said curve through a central angle of 39 0
43' 48", a distance of 228.83 feet; thence tangent to said
curve North 70 0 16' 02" East 67.72 feet, to the beginning of
a tangent 20.00 foot radius curve concave Northwesterly;
thence Easterly, Northeasterly, and Northerly along the arc
of said curve through a central angle of 90 0 00' 00", a
distance of 31.42 feet, to a point of cusp; thence South 19°
43' 58" East 32.83 feet, to the beginning of a tangent
1270.00 foot radius curve concave Southwesterly; thence
Southeasterly along the arc of said curve through a central
angle of 6 0 59' 26" a distance of 154.95 feet; thence non-
tangent to said curve South 74° 42' 54" West 87.00 feet;
thence South 74° 18' 45" West 13.00 feet; thence South 10 0
07' 53" East 94.81 feet; thence South 6 0 10' 02" East 69.81
feet; thence South 2 0 54' 44" East 69.81; thence South 0° 31'
48" West 86.47 feet; thence North 80 0 29' 02" East 12.10
feet; thence South 9 0 30' 58" East 166.00 feet; thence North
84 0 21' 36" East 61.64 feet; thence North 78° 56' 31" East
177.36 feet to a point on the arc of a non-tangent 870.00
foot radius curve concave Westerly, a radial line to said
point bears South 76 0 40' 32" East; thence Southerly along
the arc of said curve through a central angle of 5° 01' 09" a
distance of 76.21 feet to the TRUE POINT OF BEGINNING.
0
S S
Order No. 300002-1
SCHEDULE B
PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM
WOULD BE AS FOLLOWS:
1. Property taxes, including any personal property taxes and any
assessments collected with taxes, for the fiscal year
1984-1985.
First Installment: NOW PAYABLE
Second Installment: NOW PAYABLE, BUT NOT YET DUE
2. The Lien of Supplemental taxes, if any, assessed pursuant to
the provisions of Chapter 498, Statutes of 1983 of the State
of California, as amended.
3. An Agreement to which reference is hereby made for full par-
ticulars
Dated: July 8, 1981
By and Between: DAON CORPORATION and the CITY
OF CARLSBAD, a Municipal
Corporation
Regarding: public facilities fees
Recorded: September 8, 1981
File No.: 81-286838 of Official Records
4. An Agreement to which reference is hereby made for full par-
ticulars
Dated: June 1, 1982
By and Between: DAON CORPORATION and the CITY
OF CARLSBAD
Regarding: payment of public facilities
fee
Recorded: June 16, 1982
File No.: 82-185683 of Official Records
5. An Agreement to which reference is hereby made for full par-
ticulars
Dated: August 18, 1982
By and Between: DAON CORPORATION and the CITY
OF CARLSBAD
Regarding: drainage plan
Recorded: October 25, 1982
File No.: 82-327302 of Official Records
E8
S S
SCHEDULE B CONTINUED:
6. An Agreement to which reference is hereby made for full par-
ticulars
Dated: December 15, 1982
By and Between: DAON CORPORATION and the CITY
OF CARLSBAD
Regarding: payment of a public facilities
fee
Recorded: January 7, 1983
File No.: 83-006312 of Official Records
7. A record of Survey Map purporting to show various boundaries
and dimensions of said land.
Record of Survey Map No. 9293
8. An Agreement to which reference is hereby made for full par-
ticulars
Dated: September 8, 1983
By and Between: DAON CORPORATION and the CITY
OF CARLSBAD
Regarding: payment of a public facilities
fee
Recorded: September 21, 1983
File No.: 83-337167 of Official Records
9. An Agreement to which reference is hereby made for full par-
ticulars
Dated: November 10, 1983
By and Between: DAON CORPORATION, a Delaware
Corporation and the POLYGON
CORPORATION, a Washington
Corporation
Regarding: Memorandum of Option to
Purchase
Recorded: November 10, 1983
File No.: 83-409716 of Official Records
10. An Agreement to which reference is hereby made for full par-
ticulars
Dated: December 5, 1983
By and Between: DAON CORPORATION and the CITY
OF CARLSBAD, a Municipal
Corporation
Regarding: payment of a public facilities
fee
Recorded: January 21, 1984
File No.: 84-25423 of Official Records
010
SCHEDULE B CONTINUED:
11. An Agreement to which reference is hereby made for full par -
ticulars
Dated: February 28, 1984
By and Between: DAON CORPORATION and the CITY
OF CARLSBAD, a Municipal
Corporation
Regarding: payment of a public facilities
fee
Recorded: April 6, 1984
File No.: 84-126622 of Official Records
12. An Agreement to which reference is hereby made for full par-
ticulars
Dated: February 23, 1984
By and Between: DAON CORPORATION and the CITY
OF CARLSBAD, a Municipal
Corporation
Regarding: payment of public facilities
fee
Recorded: April 17, 1984
File No.: 84-140525 of Official Records
13. An easement for the purpose shown below and the rights inci-
dental thereto as set forth in a document
Granted to: the CITY OF CARLSBAD, a
Municipal Corporation
Purpose: road and public utility pur-
poses
Recorded: October 12, 1984
File No.: 84-387680 of Official Records
Affects: as more particularly described
on said document
14. A Deed of Trust to secure an indebtedness in the amount shown
below, and any other obligations secured thereby
Amount: $1,750,370.00
Dated: September 20, 1984
Trustor: THE POLYGON CORPORATION
Trustee: TITLE INSURANCE AND TRUST
COMPANY, a California
Corporation
Beneficiary: DAON CORPORATION, a Delaware
corporation
Recorded: October 25, 1984
File No.: 84-403302 of Official Records
Covering this and OTHER PROPERTY.
0
S
SCHEDULE B CONTINUED:
An assignment of the beneficial interest under said Deed of
Trust, as Collateral Security, which names
As Assignee: TRUSTEES OF THE CENTRAL STATES,
SOUTHEAST AND SOUTHWEST AREAS
PENSION FUND
Recorded: October 25, 1984
File No.: 84-403303 of Official Records
15. No known matters otherwise appropriate to be shown have been
deleted from this report, which is not a policy of title
insurance, but a report to facilitate the issuance of a
policy of title insurance.
For purposes of policy issuance, no items may be eliminated
on the basis of an indemnity agreement or other agreement
satisfactory to the company as insurer.
TAX INFORMATION:
Fiscal Year: 1984-1985
Code Area: 9045
Parcel No.: 255-031-09
Land: $2,232,099.00
First Installment: $12,095.52, OPEN
Second Installment: $12,095.52, OPEN
Fiscal Year: 1984-1985
Code Area: 9045
Parcel No.: 264-220-49
Land: $1,287,750.00
First Installment: $6,978.18, OPEN
Second Installment: $6,978.18, OPEN
TAX INFORMATION:
Fiscal Year: 1984-1985
Code Area: 9045
Parcel No.: 223-060-19
Land: $10,302.00
First Installment: $55.82, OPEN
Second Installment: $55.82, OPEN
( D/)--H
S $
SUBDIVISION MAP GUARANTEE
REF: C.T. TR. 81-16, UNIT 8
FEE: $100.00
NO.: 200987-1
TITLE INSURANCE COMPANY OF MINNESOTA, a corporation
REPRESENTED BY FOUNDERS TITLE COMPANY
GUARANTEES
THE CITY OF CARLSBAD
IN THE SUM NOT EXCEEDING $1,000.00
THAT ACCORDING TO THOSE PUBLIC RECORDS WHICH, UNDER THE RECORDING
LAWS, IMPART CONSTRUCTIVE NOTICE OF MATTERS AFFECTING THE TITLE TO THE
LAND HEREINAFTER DESCRIBED, THE ONLY PARTIES HAVING ANY RECORD TITLE
INTEREST IN SAID LAND WHOSE SIGNATURES ARE NECESSARY, CERTIFICATES
CONSENTING TO THE RECORDATION OF THE SUBDIVISION MAP OF SAID LAND AND
OFFERING FOR DEDICATION ANY STREETS, ROAD, AVENUES, AND OTHER
EASEMENTS OFFERED FOR DEDICATION BY SAID SUBDIVISION MAP ARE:
SEE ATTACHED EXHIBIT "A"
THE TRACT HEREINBEFORE REFERRED TO IS A SUBDIVISION OF LAND
DESCRIBED AS:
SEE ATTACHED EXHIBIT "B"
Dated: November 1, 1984
TITLE INSURANCE COMPANY OF MINNESOTA
REPRESENTED BY FOUNDERS TITLE
COMPANY
ASSISTANT SECRETARY
c11)
S.
0 I
EXHIBIT "A"
HOMES BY POLYGON, a California Corporation
The signature of THE CITY OF CARLSBAD, Holder of an easement
Recorded October 12, 1984 as File No. 84-387680 of Official
Records, has been omitted under the provisions of Section
66436, Subsection C-i of the Government Code. Their interest
is such that it cannot ripen into a fee title and their
signature is not required by the governing body.
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, a California
Corporation, formerly TITLE INSURANCE AND TRUST COMPANY, a
California Corporation, as Trustee under Deed of Trust
Recorded October 25, 1984, as File No. 84-403302 of Official
Records.
NO
I
EXHIBIT "B"
That portion of Lot 9 of RANCHO LAS ENCINITAS, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 848, filed in the Office of the County
Recorder of San Diego County, June 27, 1898, being described
as follows:
Commencing at the Northeast corner of Carlsbad Tract No.
81-16, Vista Santa Fe Unit No. 2, according to Map thereof
No. 10991, recorded July 9, 1984; thence leaving said
Northeast corner South 62 ° 54' 43" East 39.00 feet, to the
beginning of a tangent 520.00 foot radius curve concave
Northerly; thence Easterly along the arc of said curve
through a central angle of 64° 49' 46", a distance of 588.37
feet, to the TRUE POINT OF BEGINNING; thence continuing
Easterly along the arc of said last mentioned curve through a
central angle of 2° 33' 03", a distance of 23.15 feet; thence
tangent to said curve North 49° 42' 28" East 370.82 feet, to
the beginning of a tangent 730.00 foot radius curve concave
Southeasterly; thence Northeasterly along the arc of said
curve through a central angle of 17° 21' 11", a distance of
221.09 feet; thence tangent to said curve North 67 0 03' 39"
East 3.04 feet; thence South 22° 56' 21" East 104.00 feet, to
the beginning of a tangent 85.00 foot radius curve concave
Northeasterly; thence Southeasterly along the arc of said
curve through a central angle of 16° 15' 36", a distance of
24.12 feet, to the beginning of a reverse 65.00 foot radius
curve concave Southwesterly; thence Southeasterly along the
arc of said curve through a central angle of 16° 15' 36", a
distance of 18.45 feet; thence tangent to said curve South
22 0 56' 21" East 15.96 feet; thence South 65 0 01' 20" West
84.02 feet; thence South 56 0 17' 21" West 41.98 feet; thence
South 38 0 58' 08" East 80.42 feet; thence South 37 0 02' 32"
East 82.77 feet; thence South 3 ° 12' 56" West 66.35 feet, to
a point on the arc of a non-tangent 230.00 foot radius curve
concave Southerly, a radial line to said point bears North 3 °
12' 56" East; thence Easterly along the arc of said curve
through a central angle of 13° 59' 08", a distance of 56.14
feet; thence tangent to said curve South 70 0 00' 10" East
102.47 feet to the begining of a tangent 330.00 foot radius
curve concave Northerly; thence Easterly along the arc of
said curve through a central angle of 39° 43' 48", a distance
of 228.83 feet; thence tangent to said curve North 70° 16'
02" East 67.72 feet, to the beginning of a tangent 20.00 foot
radius curve concave Northwesterly; thence Easterly,
Northeasterly, and Northerly along the arc of said curve
through a central angle of 90° 00' 00", a distance of 31.42
feet, to a point of cusp; thence tangent to said curve South
19 0 43' 58" East 32.83 feet to the beginning of tangent
30
I
EXHIBIT "B" CONTINUED
1270.00 foot radius curve concave Westerly; thence Southerly
along the arc of said curve through a central angle of 6 0 59'
26 11 , a distance of 154.95 feet; thence non-tangent to said
curve South 74 ° 42' 54" West 87.00 feet; thence South 74 0 18'
45" West 75.12 feet; thence South 86 0 08' 38" West 71.23
feet; thence South 88 ° 53' 48" West 66.70 feet; thence North
61° 19' 22" West 10.29 feet; thence North 83 0 54' 34" West
54.38 feet; thence North 62° 44' 37" West 17.29 feet; thence
North 73 0 39' 43" West 58.28 feet; thence North 55 ° 16' 04"
West 11.06 feet; thence North 72 0 00' 37" West 62.53 feet;
thence North 82 0 56' 17" West 46.91 feet; thence South 62 0
02' 29" West 49.28 feet; thence South 51° 01' 52" West 182.20
feet; thence South 54 0 37' 49" West 61.12 feet; thence North
38 0 58' 08" West 101.00 feet; thence North 34 0 31' 41" West
60.00 feet; thence South 55 0 28' 19" West 19.74 feet, to the
beginning of a tangent 20.00 foot radius curve concave
Northeasterly; thence Westerly and Northwesterly along the
arc of said curve through a central angle of 88 0 15' 18", a
distance of 30.81 feet; thence tangent to said curve North
36 0 16' 23" West 109.69 feet, to the beginning of a tangent
170.00 foot radius curve concave Northeasterly; thence
Northwesterly along the arc of said curve through a central
angle of 3° 53' 14", a distance of 11.53 feet; thence tangent
to said curve North 32° 23' 09" West 15.74 feet, to the
beginning of a tangent 65.00 foot radius curve concave
Northeasterly; thence Northwesterly along the arc of said
curve through a central angle of 16° 15' 36", a distance of
18.45 feet, to the beginning of a reverse 85.00 foot radius
curve concave Southwesterly; thence Northwesterly along the
arc of said curve through a central angle of 16 0 15' 36 11 , a
distance of 24.12 feet; thence tangent to said curve North
32 0 23' 09" West 24.00 feet, to the beginning of a tangent
20.00 foot radius curve concave Southeasterly; thence
Northeasterly along the arc of said curve through a central
angle of 84 0 38' 40", a distance of 29.55 feet; thence radial
to said curve North 37° 44' 29" West 60.00 feet, to the TRUE
POINT OF BEGINNING.
This legal description is certified to be a true and correct
perimeter description of the Subdivision Map known as
Carlsbad Tract 81-16, Unit 8.
FOUNDERS TITLE COMPANY
( )I
S S
FOUNDERS TITLE COMPANY
1843 HOTEL CIRCLE SOUTH, SUITE 100
SAN DIEGO, CALIFORNIA 92108 (619)296-8300
AMENDED
PRELIMINARY TITLE REPORT
Homes By Polygon
3152 Redhill Ave., Suite 100
Costa Mesa, California
Attention: Agnes Dempster
Your Ref: Carlsbad Tr. 81-16,
Unit 8
Our No.: 200987-1
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE
INSURANCE, THE INSURER HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR
CAUSE TO BE ISSUED, AS THE DATE HEREOF, A POLICY OR POLICIES OF TITLE
INSURANCE DESCRIBED THE LAND AND THE ESTATE OR INTEREST THEREIN
HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY
REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS
AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE
PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY
OR POLICIES ARE SET FORTH IN SCHEDULE 1 AND SCHEDULE 1 (CONTINUED)
ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE
AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED
THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED: November 1, 1984 at 7:30 A. M.
TI Ron Bearskin
fju
(~Dl
S S
SCHEDULE "A"
ORDER NO. 200987-1
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT
IS:
Preliminary Title Report and Subdivision Guarantee
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR
REFERRED TO COVERED BY THIS REPORT IS:
AFEE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
HOMES BY POLYGON, a California Corporation
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
SEE ATTACHED DESCRIPTION
06
S S
DESCRIPTION
That portion of Lot 9 of RANCHO LAS ENCINITAS, in the City of
Carlsbad, County of San Diego, State of California, according
to Map thereof No. 848, filed in the Office of the County
Recorder of San Diego County, June 27, 1898, being described
as follows:
Commencing at the Northeast corner of Carlsbad Tract No.
81-16, Vista Santa Fe Unit No. 2, according to Map thereof
No. 10991, recorded July 9, 1984; thence leaving said
Northeast corner South 62° 54' 43" East 39.00 feet, to the
beginning of a tangent 520.00 foot radius curve concave
Northerly; thence Easterly along the arc of said curve
through a central angle of 640 49' 46", a distance of 588.37
feet, to the TRUE POINT OF BEGINNING; thence continuing
Easterly along the arc of said last mentioned curve through a
central angle of 2 ° 33' 03", a distance of 23.15 feet; thence
tangent to said curve North 49 0 42' 28" East 370.82 feet, to
the beginning of a tangent 730.00 foot radius curve concave
Southeasterly; thence Northeasterly along the arc of said
curve through a central angle of 17° 21' 11", a distance of
221.09 feet; thence tangent to said curve North 67° 03' 39"
East 3.04 feet; thence South 22 0 56' 21" East 104.00 feet, to
the beginning of a tangent 85.00 foot radius curve concave
Northeasterly; thence Southeasterly along the arc of said
curve through a central angle of 16° 15' 36", a distance of
24.12 feet, to the beginning of a reverse 65.00 foot radius
curve concave Southwesterly; thence Southeasterly along the
arc of said curve through a central angle of 16 0 15' 36 11 , a
distance of 18.45 feet; thence tangent to said curve South
22 0 56' 21" East 15.96 feet; thence South 650 01' 20" West
84.02 feet; thence South 56 0 17' 21" West 41.98 feet; thence
South 38 ° 58' 08" East 80.42 feet; thence South 37° 02' 32"
East 82.77 feet; thence South 3 ° 12' 56" West 66.35 feet, to
a point on the arc of a non-tangent 230.00 foot radius curve
concave Southerly, a radial line to said point bears North 3°
12' 56" East; thence Easterly along the arc of said curve
through a central angle of 130 59' 08", a distance of 56.14
feet; thence tangent to said curve South 700 00' 10" East
102.47 feet to the begining of a tangent 330.00 foot radius
curve concave Northerly; thence Easterly along the arc of
said curve through a central angle of 39° 43' 48", a distance
of 228.83 feet; thence tangent to said curve North 70° 16'
02" East 67.72 feet, to the beginning of a tangent 20.00 foot
radius curve concave Northwesterly; thence Easterly,
Northeasterly, and Northerly along the arc of said curve
through a central angle of 90 0 00' 00", a distance of 31.42
feet, to a point of cusp; thence tangent to said curve South
190 43 58" East 32.83 feet to the beginning of tangent
Q'i
S S
DESCRIPTION CONTINUED
1270.00 foot radius curve concave Westerly; thence Southerly
along the arc of said curve through a central angle of 6 ° 59'
26 11 , a distance of 154.95 feet; thence non-tangent to said
curve South 74° 42' 54" West 87.00 feet; thence South 740 18'
45" West 75.12 feet; thence South 86 0 08' 38" West 71.23
feet; thence South 88 0 53' 48" West 66.70 feet; thence North
610 19' 22" West 10.29 feet; thence North 83 0 54' 34" West
54.38 feet; thence North 62 0 44' 37" West 17.29 feet; thence
North 73 ° 39' 43" West 58.28 feet; thence North 550 16' 04"
West 11.06 feet; thence North 72° 00' 37" West 62.53 feet;
thence North 82 ° 56' 17" West 46.91 feet; thence South 62 0
02' 29" West 49.28 feet; thence South 510 01' 52" West 182.20
feet; thence South 54 0 37' 49" West 61.12 feet; thence North
38 0 58' 08" West 101.00 feet; thence North 34 0 31' 41" West
60.00 feet; thence South 55 0 28' 19" West 19.74 feet, to the
beginning of a tangent 20.00 foot radius curve concave
Northeasterly; thence Westerly and Northwesterly along the
arc of said curve through a central angle of 88 0 15' 18", a
distance of 30.81 feet; thence tangent to said curve North
36 ° 16' 23" West 109.69 feet, to the beginning of a tangent
170.00 foot radius curve concave Northeasterly; thence
Northwesterly along the arc of said curve through a central
angle of 30 53 1 14", a distance of 11.53 feet; thence tangent
to said curve North 32 0 23' 09" West 15.74 feet, to the
beginning of a tangent 65.00 foot radius curve concave
Northeasterly; thence Northwesterly along the arc of said
curve through a central angle of 16° 15' 36", a distance of
18.45 feet, to the beginning of a reverse 85.00 foot radius
curve concave Southwesterly; thence Northwesterly along the
arc of said curve through a central angle of 16 0 15' 36", a
distance of 24.12 feet; thence tangent to said curve North
32 0 23' 09" West 24.00 feet, to the beginning of a tangent
20.00 foot radius curve concave Southeasterly; thence
Northeasterly along the arc of said curve through a central
angle of 84 ° 38' 40", a distance of 29.55 feet; thence radial
to said curve North 370 44' 29" West 60.00 feet, to the TRUE
POINT OF BEGINNING.
This legal description is certified to be a true and correct
perimeter description of the Subdivision Map known as
Carlsbad Tract 81-16, Unit 8.
FOUNDERS TITLE COMPANY
S S
Order No. 200987-1
SCHEDULE B
PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM
WOULD BE AS FOLLOWS:
1. Property taxes, including any assessments collected with
taxes, to be levied for the fiscal year 1984-1985 which is a
lien not yet payable.
2. Supplemental taxes if any pursuant to Chapter 498 of the
Statutes of 1983 of the State of California.
3. An Agreement to which reference is hereby made for full par-
ticulars
Dated: July 8, 1981
By and Between: DAON CORPORATION and the CITY
OF CARLSBAD, a Municipal
Corporation
Regarding: public facilities fees
Recorded: September 8, 1981
File No.: 81-286838 of Official Records
The exact location of said easement is not disclosed of
record.
4. An Agreement to which reference is hereby made for full par -
ticulars
Dated: June 1, 1982
By and Between: DAON CORPORATION and the CITY
OF CARLSBAD
Regarding: payment of public facilities
fee
Recorded: June 16, 1982
File No.: 82-185683 of Official Records
5. An Agreement to which reference is hereby made for full par-
ticulars
Dated: August 18, 1982
By and Between: DAON CORPORATION and the CITY
OF CARLSBAD
Regarding: drainage plan
Recorded: October 25, 1982
File No.: 82-327302 of Official Records
0q
S S
SCHEDULE B CONTINUED:
An Agreement to which reference is hereby made for full par -
ticulars
Dated: December 15, 1982
By and Between: DAON CORPORATION and the CITY
OF CARLSBAD
Regarding: payment of a public facilities
fee
Recorded: January 7, 1983
File No.: 83-006312 of Official Records
7. An Agreement to which reference is hereby made for full par-
ticulars
Dated: September 8, 1983
By and Between: DAON CORPORATION and the CITY
OF CARLSBAD
Regarding: payment of a public facilities
fee
Recorded: September 21, 1983
File No.: 83-337167 of Official Records
8. An Agreement to which reference is hereby made for full par-
ticulars
Dated: November 10, 1983
By and Between: DAON CORPORATION, a Delaware
Corporation and the POLYGON
CORPORATION, a Washington
Corporation
Regarding: Memorandum of Option to
Purchase
Recorded: November 10, 1983
File No.: 83-409716 of Official Records
9. An Agreement to which reference is hereby made for full par-
ticulars
Dated: December 5, 1983
By and Between: DAON CORPORATION and the CITY
OF CARLSBAD, a Municipal
Corporation
Regarding: payment of a public facilities
fee
Recorded: January 21, 1984
File No.: 84-25423 of Official Records
S S
SCHEDULE B CONTINUED:
10. An Agreement to which reference is hereby made for full par -
ticulars
Dated: February 28, 1984
By and Between: DAON CORPORATION and the CITY
OF CARLSBAD, a Municipal
Corporation
Regarding: payment of a public facilities
fee
Recorded: April 6, 1984
File No.: 84-126622 of Official Records
11. An Agreement to which reference is hereby made for full par-
ticulars
Dated: February 23, 1984
By and Between: DAON CORPORATION and the CITY
OF CARLSBAD, a Municipal
Corporation
Regarding: payment of public facilities
fee
Recorded: April 17, 1984
File No.: 84-140525 of Official Records
12. An easement for the purpse shown below and the rights inci-
dental thereto as set forth in a document
Granted to: the CITY OF CARLSBAD, a
Municipal Corporation
Purpose: road and public utility pur-
poses
Recorded: October 12, 1984
File No.: 84-387680 of Official Records
Affects: as more particularly described
on said document
13. A Deed of Trust to secure an indebtedness in the amount shown
below, and any other obligations secured thereby
Amount: $1,750,370.00
Dated: September 20, 1984
Trustor: THE POLYGON CORPORATION
Trustee: TITLE INSURANCE AND TRUST
COMPANY, a California
Corporation
Beneficiary: DAON CORPORATION, a Delaware
Corporation
Recorded: October 25, 1984
File No.: 84-403302 of Official Records
0/_1
S S
SCHEDULE B CONTINUED:
Covering this and OTHER PROPERTY.
An assignment of the beneficial interest under said Deed of
Trust, as Collateral Security, which names
As Assignee: Trustees of the Central States,
Southeast and Southwest Areas
Pension Fund
Recorded: October 25, 1984
File No.: 84-403303 of Official Records
14. No known matters otherwise appropriate to be shown have been
deleted from this report, which is not a policy of title
insurance, but a report to facilitate the issuance of a
policy of title insurance.
For purposes of policy issuance, no items may be eliminated
on the basis of an indemnity agreement or other agreement
satisfactory to the company as insurer.
TAX INFORMATION:
Fiscal Year:
Code Area:
Parcel No.:
Land:
First Installment:
Second Installment:
1984-1985
9045
255-031-09
$2,323,099.00
$12,095.52 OPEN
$12,095.52 OPEN
At * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * a a * * a a * * ***
SCHEDULE I : * a * CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY - 1973 * SCHEDULE B a * * This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise a
a * by reason of the following: *
* Part I
a
*
1. Taxes or assessments which are not shown as existing 7. Any law, ordinance or governmental regulation (includ-
a
: * liens by the records of any taxing authority that levies ing but not limited to building and zoning ordinances) a
taxes or assessments on real property or by the public restricting or regulating or prohibiting the occupancy, use
* records. or enjoyment of the land, or regulating the character,
* Proceedings by a public agency which may result in dimensions or location of any improvement now or here- a
taxes or assessments, or notices of such proceedings, after erected on the land, or prohibiting a separation in a
* whether or not shown by the records of such agency or by ownership or a reduction in the dimensions or area of the * the public records. . land, or the effect of any violation of any such law, ordi' a
2. Any facts, rights, interests or claims which are not nance or governmental regulation. 41
* shown by the public records but which could be ascer- 8. Rights of eminent domain or governmental rights of a
tamed by an inspection of the land or by making inquiry of police power unless notice of the exercise of such rights a
persons in possession thereof. appears in the public records. 41
* 3. Easements, liens or encumbrances, or claims thereof, 9. Defects, liens, encumbrances, adverse claims, or other a * which are not shown by the public records. matters (a) created, suffered, assumed or agreed to by the a
4. Discrepancies, conflicts in boundary lines, shortage in insured claimant; (b) not shown by the public records and
* area, encroachments, or any other facts which a correct not otherwise excluded from coverage but known to the a survey would disclose, and which are not shown by the insured claimant eitherat Date of Policy orat the date such a
* public records. claimant acquired an estate or interest insured by this
* 5. (a) Unpatented mining claims; (b) reservations or policy or acquired the insured mortgage and not disclosed a
exceptions in patents or in Acts authorizing the issuance in writing by the insured claimant to the Company prior to a
* thereof; (C) water rights, claims or title to water. the date such insured claimant became an insured here-
6. Any right, title, interest, estate or easement in land under; (c) resulting in no loss or damage to the insured
beyond the lines of the area specifically described or claimant; (d) attaching or created subsequent to Date of a
* referred to in Schedule A, or in abutting streets, roads. Policy: or (e) resulting in loss or damage which would not
* avenues, alleys, lanes, ways or waterways, but nothing in have been sustained if the insured claimant had been a pur. a
this paragraph shall modify or limit the extent to which the chaser or encumbrancer for value without knowledge. a
* ordinary right of an abutting owner for access to a
* physically open street or highway is insured by this policy, a *
AMERICAN LAND TITLE ASSOCIATION
a
* RESIDENTIAL TITLE INSURANCE POLICY-1979 a
EXCLUSIONS
In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting
* from: a *
1. Governmental police power, and the existence or violation of any law or government regulation. This includes
a
* building and zoning ordinances and also laws and regulations concerning: a
land use a
* improvements on the land
* land division a
environmental protection
* This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
* 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy a * * Date. a
* 3. Title Risks: a
a * that are created, allowed, or agreed to by you a * that are known to you, but not to us, on the Policy Date - unless they appeared in the public records. a
that result in no loss to you
* that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in •
* Item 8 of Covered Title Risks a *
* 4. Failure to pay value for your title. a
a * 5. Lack of a right: a
to any land outside the area specifically described and referred to in Item 3 of Schedule A
* or a * in streets, alleys, or waterways that touch your land. a
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
FTC 1039C (REV 7111831 (:iE)
SCHEDULE I (Continued)
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
* (AMENDED 10.1770)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
* The following matters are expressly excluded from the coverage of this policy:
* 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordi-
nances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating
the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibit-
ing a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any viola-
tion of any such law, ordinance or governmental regulation.
* 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such
* rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to
* by the insured claimant; (b) not known to the Company and not shown by the public records but known to * the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest
insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claim-
ant to the Company prior to the date such insured claimant became an insured hereunder; (C) resulting in
no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to
* the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent
* insurance is afforded herein as to assessments for street improvements under construction or completed
at Date of Policy).
* 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of
any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in
* which the land is situated.
*
*
*
* * AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970
(AMENDED 10.17.70) * SCHEDULE OF EXCLUSIONS FROM COVERAGE * *
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordi-
nances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating
*
the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibit-
ing a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any
* violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such
* rights appear in the public records at Date of Policy.
* 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assu.med or agreed to
by the insured claimant; (b) not known to the Company and not shown by the public records but known to
* the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by
* this policy and not disclosed in writing by the insured claimant to the Company prior to the date such
insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant;
*
(d) attaching or created subsequent to Date of Policy; (e) resulting in loss or damage which would not have
been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
FTG 1039D (REV 711183) c73'
Ic SUBDIVISION MAP GUARANTEE
REF: C.T. 81-16, Unit 7
FEE: $100.00
NO.: 200986-1
TITLE INSURANCE COMPANY OF MINNESOTA, a corporation
REPRESENTED BY FOUNDERS TITLE COMPANY
GUARANTEES
THE CITY OF CARLSBAD
IN THE SUM NOT EXCEEDING $1,000.00
THAT ACCORDING TO THOSE PUBLIC RECORDS WHICH, UNDER THE RECORDING
LAWS, IMPART CONSTRUCTIVE NOTICE OF MATTERS AFFECTING THE TITLE TO THE
LAND HEREINAFTER DESCRIBED, THE ONLY PARTIES HAVING ANY RECORD TITLE
INTEREST IN SAID LAND WHOSE SIGNATURES ARE NECESSARY, CERTIFICATES
CONSENTING TO THE RECORDATION OF THE SUBDIVISION MAP OF SAID LAND AND
OFFERING FOR DEDICATION ANY STREETS, ROAD, AVENUES, AND OTHER
EASEMENTS OFFERED FOR DEDICATION BY SAID SUBDIVISION MAP ARE:
SEE ATTACHED EXHIBIT "A"
THE TRACT HEREINBEFORE REFERRED TO IS A SUBDIVISION OF LAND
DESCRIBED AS:
SEE ATTACHED EXHIBIT "B"
Dated: November 1, 1984
TITLE INSURANCE COMPANY OF MINNESOTA
REPRESENTED BY FOUNDERS TITLE
COMPANY
ASSISTANT SECRETARY
a)
S S
EXHIBIT "A"
HOMES BY POLYGON, a California Corporation, as Record Owner
SAN DIEGO GAS AND ELECTRIC COMPANY, a corporation, Holder of an
easement Recorded October 29, 1971 as File No. 251349 of Official
Records
The signature of THE CITY OF CARLSBAD, Holder of an easement
Recorded October 12, 1984 as File No. 84-387680 of Official
Records, has been omitted under the provisions of Section 66436,
Subsection C-i of the Governmei it Code. Their interest is such
that it cannot ripen into a fee title and their signature is not
required by the governing body.
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, a California
Corporation, formerly TITLE INSURANCE AND TRUST COMPANY, a
California Corporation, as Trustee under Deed of Trust Recorded
October 25, 1984, as File No. 84-403302 of Official Records.
U2-
r
S S
EXHIBIT "B"
That portion of Lot 9 of RANCHO LAS ENCINITAS, in the City of
Carlsbad, County of San Diego, State of California, according
to the Map thereof No. 848, filed in the office of the County
Recorder of San Diego County, being more particularly
described as follows:
Commencing at the Southwesterly corner of said Lot 9; thence
along the Southerly line thereof, North 87 0 38' 31" East
1429.71 feet to the TRUE POINT OF BEGINNING; thence leaving
said Southerly line, North 2 ° 21' 29" West 181.40 feet;
thence North 35 0 05' 54" West 184.00 feet; thence North 39 °
38' 22" West 100.00 feet; thence North 50 0 21' 38" East 99.44
feet; thence North 390 38' 22" West 220.66 feet; thence North
53 ° 21' 03" East 152.50 feet; thence South 15° 21' 00" East
58.74 feet; thence South 350 26' 45" East 102.00 feet; thence
North 54 ° 33' 15" East 120.37 feet; thence North 350 26' 45"
West 100.00 feet; thence North 15 0 39' 52" West 57.61 feet;
thence North 54 0 37' 49" East 61.12 feet; thence North 51 0
01' 52" East 182.20 feet; thence North 62° 02' 29" East 49.28
feet; thence South 82 0 56' 17" East 46.91 feet; thence South
72 0 00' 37" East 62.53 feet; thence South 55° 16' 04" East
11.06 feet; thence South 730 39 1 43" East 58.28 feet; thence
South 62° 44' 37" East 17.29 feet; thence South 83° 54' 34"
East 54.38 feet; thence South 61° 19' 22" East 10.29 feet;
thence North 88 0 53' 48" East 66.70 feet; thence North 86 0
08' 38", East 71.23 feet; thence North 74 0 18' 45" East 62.12
feet; thence South 10 0 07' 53" East 94.81 feet; thence South
6 0 10' 02" East 69.81 feet; thence South 2 0 44' 54" East
69.81 feet; thence South 0 0 31' 48" West 86.47 feet; thence
North 80° 29' 02" East 12.10 feet; thence South 9 ° 30' 58"
East 166.00 feet; thence North 84 0 21' 36" East 61.64 feet;
thence North 78 0 56' 31" East 177.36 feet to a point on the
arc of a non-tangent 870.00 foot radius curve concave
Westerly, a radial line to said point bears South 76 ° 40' 32"
East; thence Southerly along the arc of said curve through a
central angle of 5 0 01' 09", a distance of 76.21 feet; thence
non-tangent to said curve, South 63 0 37' 05" West 925.32
feet; thence South 87 0 38' 31" West 114.29 feet to the TRUE
POINT OF BEGINNING.
This legal description is certified to be a true and correct
perimeter description of the Subdivision Map known as
CARLSBAD TR. 81-16, UNIT 7.
FOUNDERS TITLE COMPANY
03
S S .
FOUNDERS TITLE COMPANY
1843 HOTEL CIRCLE SOUTH, SUITE 100
BAN DIEGO, CALIFORNIA 92108 (619)296-8300
AMENDED
PRELIMINARY TITLE REPORT
HOMES BY POLYGON
3152 REDHILL AVENUE, SUITE 100
COSTA MESA, CA.
Attention: AGNES DEMPSTER
Your Ref: Carlsbad Tr. 81-16, Unit 7
Our No.: 200986-1
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE
INSURANCE, THE INSURER HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR
CAUSE TO BE ISSUED, AS THE DATE HEREOF, A POLICY OR POLICIES OF TITLE
INSURANCE DESCRIBED THE LAND AND THE ESTATE OR INTEREST THEREIN
HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY
REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS
AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE
PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY
OR POLICIES ARE SET FORTH IN SCHEDULE 1 AND SCHEDULE 1 (CONTINUED)
ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE
AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED
THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED: November 1, 1984 at 7:30 A. M.
TITLE OFFI
fju
cy)
S
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT
IS:
A PRELIMINARY TITLE REPORT AND SUBDIVISION GUARANTEE
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR
REFERRED TO COVERED BY THIS REPORT IS:
AFEE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
HOMES BY POLYGON,
a California corporation
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
SEE ATTACHED DESCRIPTION
S S
DESCRIPTION
That portion of Lot 9 of RANCHO LAS ENCINITAS, in the City of
Carlsbad, County of San Diego, State of California, according
to the Map thereof No. 848, filed in the office of the County
Recorder of San Diego County, being more particularly
described as follows:
Commencing at the Southwesterly corner of said Lot 9; thence
along the Southerly line thereof, North 87 0 38' 31" East
1429.71 feet to the TRUE POINT OF BEGINNING; thence leaving
said Southerly line, North 2° 21' 29" West 181.40 feet;
thence North 350 05' 54" West 184.00 feet; thence North 390
38' 22" West 100.00 feet; thence North 50 0 21' 38" East 99.44
feet; thence North 390 38' 22" West 220.66 feet; thence North
53° 21' 03" East 152.50 feet; thence South 15 0 21' 00" East
58.74 feet; thence South 350 26' 45" East 102.00 feet; thence
North 54 ° 33' 15" East 120.37 feet; thence North 35° 26' 45"
West 100.00 feet; thence North 15° 39' 52" West 57.61 feet;
thence North 540 37 1 49" East 61.12 feet; thence North 510
01' 52" East 182.20 feet; thence North 62 ° 02' 29" East 49.28
feet; thence South 82 0 56' 17" East 46.91 feet; thence South
72° 00' 37" East 62.53 feet; thence South 55 ° 16' 04" East
11.06 feet; thence South 730 39 1 43" East 58.28 feet; thence
South 62 0 44' 37" East 17.29 feet; thence South 83 ° 54' 34"
East 54.38 feet; thence South 61 0 19' 22" East 10.29 feet;
thence North 88 0 53' 48" East 66.70 feet; thence North 86 °
08' 38" East 71.23 feet thence North 74 0 18' 45" East 62.12
feet; thence South 10 0 07' 53" East 94.81 feet; thence South
6 0 10' 02" East 69.81 feet; thence South 2 0 44' 54" East
69.81 feet; thence South 0° 31' 48" West 86.47 feet; thence
North 80 0 29' 02" East 12.10 feet; thence South 9 0 30' 58"
East 166.00 feet; thence North 84 0 21' 36" East 61.64 feet;
thence North 78 0 56' 31" East 177.36 feet to a point on the
arc of a non-tangent 870.00 foot radius curve concave
Westerly, a radial line to said point bears South 76 0 40' 32"
East; thence Southerly along the arc of said curve through a
central angle of 5 0 01' 09 11 , a distance of 76.21 feet; thence
non-tangent to said curve, South 63° 37' 05" West 925.32
feet; thence South 87 0 38' 31" West 114.29 feet to the TRUE
POINT OF BEGINNING.
This legal description is certified to be a true and correct
perimeter description of the Subdivision Map known as
CARLSBAD TR. 81-16, UNIT 7.
FOUNDERS TITLE COMPANY
S S
Order No. 200986-1
SCHEDULE B
PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM
WOULD BE AS FOLLOWS:
1. Property taxes, includi rig any personal property taxes and any
assessments collected with taxes, for the fiscal year
1984-1985.
First Installment: NOW PAYABLE
Second Installment: NOW PAYABLE, BUT NOT YET DUE
2. Supplemental taxes if any pursuant to Chapter 498 of the
Statutes of 1983 of the State of California.
3. An easement for the purpose shown below and the rights inci-
dental thereto as set forth in a document
Granted to: San Diego Gas and Electric
Company
Purpose: poles, wires and anchorage for
the transmission and distribu-
tion of electricity and inci-
dental purposes
Recorded: October 29, 1971
File No.: 251349 of Official Records
Affects: The Southerly 4 feet of the
herein described property
Said deed recites: "Grantor covenants for himself, his suc-
cessors and assigns, not to place or maintain any building or
structure on said easement".
4. An Agreement to which reference is hereby made for full par-
ticulars
Dated: July 8, 1981
By and Between: DAON CORPORATION and the CITY
OF CARLSBAD, a Municipal
Corporation
Regarding: public facilities fees
Recorded: September 8, 1981
File No.: 81-286838 of Official Records
The exact location of said easement is not disclosed of
record.
( D-7
- y ana Detween:
Regarding:
UbU.'4
OF CARLSBAD
payment ofblic facilities
fee 0
Recorded: June 16, 1982
File No.: .82-185683 of Official Records
6. An Agreement to which reference is hereby made for full par-
ticulars
Dated: August 18, 1982
By and Between: DAON CORPORATION and the CITY
OF CARLSBAD
Regarding: drainage plan
Recorded: October 25, 1982
File No.: 82-327302 of Official Records
7. An Agreement to which reference is hereby made for full par-
ticulars
Dated: December 15, 1982
By and Between: DAON CORPORATION and the CITY
OF CARLSBAD
Regarding: payment of a public facilities
fee
Recorded: January 7, 1983
File No.: 83-006312 of Official Records
8. An Agreement to which reference is hereby made for full par-
ticulars
Dated: September 8, 1983
By and Between: DAON CORPORATION and the CITY
OF CARLSBAD
Regarding: payment of a public facilities
fee
Recorded: September 21, 1983
File No.: 83-337167 of Official Records
9. An Agreement to which reference is hereby made for full par-
ticulars
Dated:
By and Between:
Regarding:
Recorded:
File No.:
November 10, 1983
DAON CORPORATION, a Delaware
Corporation and the POLYGON
CORPORATION, a Washington
Corporation
Memorandum of Option to
Purchase
November 10, 1983
83-409716 of Official Records
S S
SCHEDULE B CONTINUED:
10. An Agreement to which reference is hereby made for full par-
ticulars -
Dated: December 5, 1983
By and Between: DAON CORPORATION and the CITY OF
CARLSBAD, a Municipal Corporation
Regarding: payment of a public facilities fee
Recorded: January 21, 1984
File No.: 84-25423 of Official ReOords
11. An Agreement to which reference is hereby made for full par-
ticulars
Dated: February 28, 1984
By and Between: DAON CORPORATION and the CITY OF
CARLSBAD, a Municipal Corporation
Regarding: payment of a public facilities fee
Recorded: April 6, 1984
File No.,: 84-126622 of Official Records
12. An Agreement to which reference is hereby made for full par-
ticulars
Dated: - February 23, 1984
By and Between: DAON CORPORATION and the CITY OF
CARLSBAD, a Municipal Corporation
Regarding: payment of public facilities fee
Recorded: April 17, 1984
File No.: 84-140525 of Official Records
13. An easement for the purpose shown below and the rights incidental
thereto as set forth in a document
Granted to: the CITY OF CARLSBAD, a Municipal
Corporation
Purpose: road and public utility purposes
Recorded: October 12, 1984
File No.: 84-387680 of Official Records
Affects: as more particularly described on
said document
(q)
Amount: $1,750,370.00
Dated: September 20 984
Trustor: THE POLYGON MKPORATION
Trustee: TITLE INSURANCE AND TRUST COMPANY, a
California corporation
Beneficiary: DAON CORPORATION, a Delaware cor-
poration
Recorded: October 25, 1984
File No.: 84-403302 of Official Records
Covering this and OTHER PROPERTY.
An assignment of the beneficial interest under said Deed of Trust,
as Collateral Security, which names
As Assignee: TRUSTEES OF THE CENTRAL STATES,
SOUTHEAST AND SOUTHWEST AREAS
PENSION FUND
Recorded: October 25, 1984
File No.: 84-403303 of Official Records
15. No known matters otherwise appropriate to be shown have been
deleted from this report, which is not a policy of title
insurance, but a report to facilitate the issuance of a policy of
title insurance.
For purposes of policy issuance, no items may be eliminated on the
basis of an indemnity agreement or other agreement satisfactory to
the company as insurer.
TAX INFORMATION:
Fiscal Year:
Code Area:
Parcel No.:
Land:
First Installment:
Second Installment:
1984-1985
9045
255-031-09
$2,232,099.00
$12,095.52 OPEN
$12,095.52 OPEN
Fiscal Year:
Code Area:
Parcel No.:
Land:
First Installment:
Second Installment:
1984-1985
9045
264-220-49
$1,287,750.00
$6,978.18 OPEN
$6,978.18 OPEN
( D/O
'a • * * * a * * * * * * ** a * * a * * a * a a * ** * a aa *a a a a * * a a * a * a * aa a * a a * * * * * a * a * * a. * * a * ** *
: SCHEDULE I
CALIFORNIA LAND TITLE ASSOCIATION 'a
STANDARD COVERAGE POLICY —1973
SCHEDULE B * This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise
: by reason of the following: - 'a
Part
* 1. Taxes or assessments which are not shown as existing 7. Any law, ordinance or governmental regulation (includ-
liens by the records of any taxing authority that levies ing but not limited to building and zoning ordinances) 'a - taxes or assessments on real property or by the public restricting or regulating or prohibiting the occupancy, use * records. or enjoyment of the land, or regulating the character, •
Proceedings by a public agency which may result in dimensions or location of any improvement now or here- 'a
taxes or assessments, or notices of such proceedings, after erected on the land, or prohibiting a separation in 'a * whether or not shown by the records of such agency or by ownership or a reduction in the dimensions or area of the
the public records, land, or the effect of any violation of any such law, ordi- 'a
* 2. Any facts, rights, interests or clams which are not nance or governmental regulation. 'a * shown by the public records but which could be ascer- B. Rights of eminent domain or governmental rights of
tamed by an inspection of the land or by making inquiry of police power unless notice of the exercise of such rights a
* persons in possession thereof. appears in the public records. * 3. Easements, liens or encumbrances, or claims thereof, 9. Defects, liens, encumbrances, adverse claims, or other •
which are not shown by the public recds. matters (a) created, suffered, assumed or agreed to by the a
* 4. Discrepancies, conflicts in boundary lines, shortage in insured claimant; (b) not shown by the public records and * area, encroachments, or any other facts which a correct not otherwise excluded from coverage but known to the •
survey would disclose, and which are not shown by the insured claimant either at Date of Policy or at the date such a
* public records, claimant acquired an estate or interest insured by this
a 5. (a) Unpatented mining claims: (b) reservations or policy or acquired the insured mortgage and not disclosed •
: exceptions in patents or in Acts authorizing the issuance in writing by the insured claimant to the Company prior to 'a
* thereof; (C) water rights, claims or title to water, the date such insured claimant became an insured here- : * 6. Any right, title, interest, estate or easement in land under; (C) resulting in no loss or damage to the insured •
beyond the lines of the area specifically described or claimant; (d) attaching or created subsequent to Date of a
* referred to in Schedule A, or in abutting streets, roads, Policy; or (e) resulting in loss or damage which would not
a avenues, alleys, lanes, ways or waterways, but nothing in have been sustained if the insured claimant had been a pur. •
this paragraph shall modify or limit the extent to which the chaser or encumbrancer f or value without knowledge. 'a * ordinary right of an abutting owner for access to a * physically open street or highway is insured by this policy. - a a
: AMERICAN LAND TITLE ASSOCIATION * RESIDENTIAL TITLE INSURANCE POLICY-1979
EXCLUSIONS :
* In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting * from: *
a 1. Governmental police power, and the existence or violation of any law or government regulation. This includes
'a
AIL
* building and zoning ordinances and also laws and regulations concerning:
land use
* improvements on the Id * land division
environmental protection a
* This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. : * 2. The right to take the land by condemning It, unless a notice of taking appears in the public records on the Policy • * * Date. 'a * 3. Title Risks: $ * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date - unless they appeared in the public records. 'a
a that result in no loss to you * that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in •
Item 8 of Covered Title Risks : * 4. Failure to pay value for your title.
* 5. Lack of a right: 'a
to any land outside the area specifically described and referred to in Item 3 of Schedule A *
* or
* in streets, alleys, or werways that touch your land.
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
4'a
FIG 1O3C (REV 711i53)
SCHEDULE I (Continued) •
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 :
WITH A.LT.A. ENDORSEMENT FORM I COVERAGE
* (AMENDED 10.17.70)
: SCHEDULE OF EXCLUSIONS FROM COVERAGE
* 4 * * 4
4 The following matters are expressly excluded from the coverage of this policy: * * *
4
4 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordi- • * nances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating •
the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibit-
ing a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any viola- •
tion of any such law, ordinance or governmental regulation. • 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such * rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to
* by the insured claimant; (b) not known to the Company and not shown by the public records but known to
the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest $
* insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claim-
ant to the Company prior to the date such insured claimant became an insured hereunder; (C) resulting in •
no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to
the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent * insurance is afforded herein as to assessments for street improvements under construction or completed .
at Date of Policy).
* 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of
any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in •
* which the land is situated.
* 0 * * 4
4 * * 4 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 4
(AMENDED 10.17.70) : * SCHEDULE OF EXCLUSIONS FROM COVERAGE * * 4
0 * 4
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordi-
nances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating $ * the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibit- •
ing a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any
* violation of any such law, ordinance or governmental regulation. $
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such
* rights appear In the public records at Date of Policy.
* 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to .
by the insured claimant; (b) not known to the Company and not shown by the public records but known to
* the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by • * this policy and not disclosed in writing by the insured claimant to the Company prior to the date such
insured claimant became an insured hereunder; (C) resulting In no loss or damage to the insured claimant;
* (d) attaching or created subsequent to Date of Policy; (e) resulting in loss or damage which would not have •
been sustained If the insured claimant had paid value for the estate or interest insured by this policy.
* 4 * 4 * 4 * 4 * 0 * 0 * 4 * 4 * 4 * * •0
4
* 4 * 4
* * $
4
4444444444 444444444*4*444*4*444444440404 *444444444444444•4 44444*4444*4
FTG 10390 (REV 711a3)
PLANNING APPLICATION CHECKLIST
ITEM REQUIRED ENCLOSED NOT ENCLOSED • (WHY)
Tentative Nap
Site Plan
Landscape Plan
Bldg. Elevation
8½ Site Plan
E
8½ Location.. V -
EIA
P7 V V
Disclosure StnTt
Property Owners 7
300' Map 7
School Letter
L
PTR
Ser
Colored Exhibit
Stmt of Agree V7
RECEIPT NO. DATE'
PLANNING APPLICATION CHECKLIST
ITEM REQUIRED ENCLOSED NOT ENCLOSED (WHY)
Tentative Map
Site Plan
Landscape Plan
Bldg. Elevation
812 Site Plan
E /
8½ Location
F
EIA 7
PFF
Disclosure Stmt
Property Owners
300'p
School Letter
L
P
Sewer
Colored Exhibit
0
Stmt of Agree
RECEIPT NO. /çg DATE
• JETnIr• OF 01
CITY OF CARLSBAD/PLANNING DEPARTMENT
1200 Elm Avenue
DATE
February 13, 1985
JOB NO.
8405-C
ATTENTION
Planning Department
RE-
RICK ENGINEERING COMPANY I PLANNING CONSULTANTS I AND CIVIL ENGINEERS
365 SO. RANCHO SANTA FE ROAD • SUITE 100
SAN MARCOS, CALIFORNIA 92069 • 619/744-4800
TO
Carlsbad, CA 92008
GENTLEMEN:
WE ARE SENDING YOU X Attached Li Under separate cover via our rep the following items:
D Shop drawings Li Prints Li Plans Li Samples Li Specifications
Li Copy of letter 0 Change order Li
Dated________
COPIES DATE NO. DESCRIPTION
1 1-22-85 1 Land Use Planning Application
1 2-07-85 Projecti Description (includes item L of Checklist)
18 1-28-85 A & B Tentative Map/Site Plans
18ea C Preliminary Landscape Plan & Recreation Lot
18 D Building Elevations and Floor Plans
1 F Location Map (8½x11)
1 G Environmental Impact Assessment Form
lea H jPublic Facility Agreement ( 1 Original & 1 Copy
THESE ARE TRANSMITTED as checked below:
o For approval
Li For your use
Li As requested
Li For review and comment
IX For Your Action
REMARKS
O For Checking
o Approved as submitted
o Approved as noted
Li Returned for corrections
Li Resubmit copies for approval
0 Design only, not for construction
Li Return -corrected prints
Li
Russ Padia
COPY TO HOMES BY POLYGON
DAWCO PAGE ONE OF TWO SIGNED: Doug Helming/stc
If enclosures are not as noted, kindly notify us at once.
--4
TO
CITY OF CARLSBAD/PLANNING DEPARTMENT
1200 Elm Avenue
WFTSITT1L
DATE
February 13, 1985
JOB NO.
8405-C
ATTENTION
Planning Department
Carlsbad, CA 92008
GENTLEMEN:
WE ARE SENDING YOU IX Attached D Under separate cover via our rep the following items:
• Shop drawings 0 Prints 0 Plans 0 Samples 0 Specifications
• Copy of letter 0 Change order 0
Dated________
COPIES DATE NO. DESCRIPTION
1 I Disclosure Statement
1 Property Owners List & Addressed Stamped Envelopes (2each)
2 1-30-85 K 300' Radius Map
1 M Preliminary Title Report (Units 7, 8 and 9)
1 1-30-85 N Proof of Sewer Availability-Leucadia County Water District
1 1-22-85 P Statement of Agreement
1 1-22-85 Resolution 7872 Agreement
THESE ARE TRANSMITTED as checked below:
El For approval
El For your use
O As requested
O For review and comment
IX For Your Action
O For Checking
O Approved as submitted
El Approved as noted
o Returned for corrections
0 Resubmit copies for approval
C] Design only, not for construction
o Return ______corrected prints
0
REMARKS
Russ Padia
COPY TO HOMES BY POLYGON
PAGE TWO OF TWO SIGNED:Doug Helming/stc
OAWCO
If enclosures are not as noted, kindly notify us at once.
I Vq
CST : C1 DATE REIVED:_______________
APPLICANT:
Q(ST: / I
FNVIRONME!qTAL
EQT OR EXCEPTED:___________________________
Posted: prior Carp1iance:L-LO published:3
Filed: Filed:
NEGATIVE DECLARATION:
Posted: Published: Notice of Determination:________
ENVIRONMENTAL IMPACT ROT:________________________
Notice of Notice of Notice of
Preparation: Canpietion: Determination:
PLANNING COMMISSION
1. Date of Hearing: (p - /CQ-25
2. Publication:_____________________
3. Notice to Property Cners:
4. Resolution No. ( U Date: IJ ) _ : PpwQed
(Continued to:
5. Appeal:
CITY COUNCIL
1. Date of Hearing:
2. Notices to City Clerk:___________________
3. Agenda Bill:________________________________
4. Resolution No. Date: ACTION:
5. Ordinance No. Date:_______
Staff Report to applicant:____________________
Resolution to pplicant:_____________________
I H ii
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8405-C ioa DWELLING UNITS 7I785
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RICK ENGINEERING COMPANY
A.MING CONIULTAITI AND CIVIL (NCINL(lI
365 SO. RANCHO SANTA FE MO. SUITE 100
SAN MARCOS. CALIF. 92069 619,744.4600
REV. VISTA SANTA FE AREA "B" EAST
8405-C 102 DWELLING UNITS 7I785
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A
RICK ENGINEERING COMPANY
CONSULTAITI ANN CIVIL (NAINCtIS
365 50. RANCIlO SANTA FE MO. SUITE 100
SAN MARCOS, CALIF. 92069 619/7444600
I I
SCAL E:: I "= 200
ti 197
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17Z 17Z