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HomeMy WebLinkAboutCT 87-04; TAMARACK PROPERTY INVESTORS; Tentative Map (CT)City- ofCarlsbad F $530.00 (1-25 lots or units) 2075 Las Palmas Drive $765.00 (26-100 lots or units) Carlsbad, CA 92009 $1,310.00 (100 + lots or units) (619) 438-1161 PLANNING DEPARTMENT TENTATIVE TRACT TRACT MAP Complete Description of Project (attach additional sheets if necessary) Owners intend to subdivide 3 existing lots into 5 lots Location of Project Tamarack Avenue between Hibiscus Circle and Railroad .egal Description (complete) See Exhibit "A" attached Local Facility Management Zone Assessors Parcel Number Zone 1 206-042-01,02,03 Zone General Plan Existing Land Use R-1-7500 R-L-M Residential Proposed Zone No change Proposed General Plan No change ite Acreage - acres Owner Applicant Name (Print or Type) Name (Print or Type) Tamarack Property Investors, a partnership Rodney C. Miles Mailing Address do Rodney C. Miles Mailing Address 18300 Von Kannan, Suite 700 18300 Von Karman, Suite 700 City and State Zip Telephone City and State Zip Telephone Irvine, CZ 92715 (714)474-7270 Irvine, CA 92715 (714)474-7270 I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE OWNER'S \ND THAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND THAT ALL IS TRUE AND CORRECT TO THE BEST OF THE ABOVE INFORMATION IS TRUE AY KNOWLEDGE. AND CORRECT TO THE BEST OF MY KNOWLEDGE. I NATURE DATE JURE DATE ) e Appli ation ec'd //f7 Received By Fees ecei Receipt No. I/Lf3 ROJECT NUMBER cLT 7 4' I . 0 . SPECIFIC REQUIREMENTS 1. Fifteen (15) copies of tentative map/preliminary grading plan (24" x 36" folded to 8k" x 11 11 ) shall contain the following information: a. Name and address of the owner whose property is proposed to be subdivided and the name and address of the subdivider; b. Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps; c. North point; d. Scale; vicinity map; e. Date of preparation; f. The location, width and proposed names of all streets within the boundaries of the proposed subdivision and approximate grades thereof; g. Location and width of alleys; h. Name, location and width of adjacent streets; i. Lot lines and approximate dimensions and numbers of each lot; j. Approximate location and width of watercourses or areas subject to inundation from floods, and location of structures, irrigation ditches and other permanent physical features; k. Approximate contours at 1' intervals for slopes less than 5%, 2' intervals for slopes between 5% and 10%, and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100 foot perimeter of the boundaries of the site. Existing onsite trees; those to be removed and those to be saved; l Approximate location of existing buildings and permanent structures and proposed condominium buildings; m. Location of all major vegetation, showing size and type; n. Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve date); o. Width and location of all existing or proposed public or private easements; p. Classification of lots as to intended residential, commercial, industrial or other uses; q. Location of railroads; r. Approximate radii of curves of streets; s. Proposed name and city tract number of the subdivision; t. Any proposed phasing by units; I I u. Number of units to be constructed when a condominium or community apartment project is involved; v. Method of draining each Jot; w. Earthwork volumes; x. Also, proposed utilities, existing street, sewer, water, and storm drainage improvements along the subdivision frontage, including street lights and fire hydrants on both sides of the street within 300 feet of the subdivision; y. Typical street section for all adjacent streets and streets within the project. 2. One (1) copy of 83-" x 11" site plan. 4 3. One (1) copy of 83-" x 11" location map (suggested scale 200" - vicinity maps on the site plan are not acceptable). 14 Environmental Impact Assessment Form ($175). 5. Public Facility Agreement: Two (2) copies: One (1) notarized original and one (1) reproduced copy. 6. Disclosure Statement. 7. Prooertv Owners' List and Addressed Labels - A typewritten list of the names and addresses of all property owners and occupants within a 600 foot radius of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. - Two (2) separate sets of mailing labels of the property owners and occupants within a 600 foot radius of subject property. For any address other than single family residence, apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. ( Applicant must submit separate check to cover cost of postage. 8. 600 Foot Radius Map (Not needed for Planning Commission Determination and Special Use Permit). A map to scale not less than 1" = 200' showing each lot within 600 feet of the exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. 9. For residential projects within Vista, Encinitas or San Dieguito School Districts, the applicant shall indicate whether he prefers to dedicate land for school facilities, to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, he shall suggest the specific land. For residential projects within the Carlsbad Unified School District and the San Marcos Unified School District, the applicant shall submit written confirmation that school facilities will be available to serve the project at time of need. 'H ~:A 10. Two (2) copies of the Preliminary Title Report (current within the last six [61 months). 11. Proof of availability: a. Sewer - if located in the Leucadia County Water District. b. Sewer - if located in the San Marcos Water District. c. Water - if located in the Olivenhain Municipal Water District. Water - if located in the Costa Real Municipal Water District. 12. Colored Site Plan and Elevation Plan (Not required with first submittal). It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) copy of a colored elevation to the Planning Department by Noon eight (8) days prior to the Planning Commission meeting. 13. Statement of agreement to waive tentative tract map time limits. 14. Constraints Map (24" x 36" folded to 8k" x 11") shall include the following information: a. Major ridge lines b. Distant views c. Internal views d. Riparian woodlands e. Intermittent drainage course f. 25 - 40% slopes g. Slopes 40% and above h. Major rock outcroppings i. Easements j. Floodplains k.. Archaeological sites I. Special planning areas m. Biological Habitats. 15. One (1) copy of 8k" x 11" traffic volume location map of all roadways potentially impacted by project to include the following information: existing volumes, ultimate volumes, project only volumes, and phased (4f ,piJcable) volumes. 16. Agreement to Pay Increased Fees: Two (2) copies: One (1) notarized original, and one (1) reproduced copy. LEGAL DESCRIPTION PARCEL 1: THAT PORTION OF TRACT NO. 232 OF THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF CHINQUAPIN AVENUE AND JEFFERSON STREET; THENCE ALONG THE CENTER LINE OF CHINQUAPIN AVENUE, SOUTH 6121 1 00' WEST, 895.70 FEET TO THE SOUTHWEST CORNER OF LAND CONVEYED BY SOUTH COAST LAND COMPANY TO ALEX LM3ETA, ET UX, BY DEED RECORDED JUNE 25, 1924 IN BOOK 1019, PAGE 189 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; AND THENCE ALONG THE SOUTHWESTERLY LINE OF LAND SO CONVEYED, NORTH 3803 1 30" WEST, 426.47 FEET TO THE MOST EASTERLY CORNER OF LAND CONVEYED BY WILLIAM C. KERCKHOFF COMPANY TO LOWELL B. PLACE, ET UX, BY DEED RECORDED OCTOBER 23, 1941 IN BOOK 1266, PAGE 95 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE SOUTHEAST LINE OF SAID LAND SO CONVEYED SOUTH 6121'00" WEST, 101.36 FEET TO THE MOST SOUTHERLY CORNER THEREOF AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PIERCE LAND, NORTH 38•0330" WEST, 396.05 FEET TO THE CENTER LINE OF TAMARACK AVENUE; THENCE WESTERLY FOLLOWING SAID CENTER LINE TO THE EAST LINE OF THE 100.00 FOOT RIGHT OF WAY TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (BEING THE NORTHWESTERLY EXTENSION OF THE CURVE IN THE SOUTHWESTERLY LINE OF SAID TRACT NO. 232); THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE OF SAID TRACT NO. 232, TO INTERSECTION WITH A LINE BEARING SOUTH 6121'00" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 6121 1 00" EAST, 101.38 FEET, MORE OR LESS, TO THE TRUE POINT,,OF BEGINNING. PARCEL 2: THAT PORTION OF TRACT NO. 232 OF THUN LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE CENTER LINE OF TAMARACK AVENUE, DISTANT THEREON SOUTH 6121 1 00" WEST, 1027.55 FEET FROM ITS POINT OF INTERSECTION WITH THE CENTER LINE OF JEFFERSON STREET, SAID POINT OF COMMENCEMENT BEING THE MOST NORTHERLY CORNER OF A PARCEL OF LAND o . O PAGE TWO OF EXIUBIT "Afl DESCRIBED IN DEED TO CHARLES E. BOLES, ET UX, RECORDED APRIL 10, 1952 IN BOOK 4439, PAGE 101 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID LAND AS FOLLOWS: SOUTH 3708 9 00" EAST, 182.10 FEET; SOUTH 3803 1 30" EAST, 213.49 FEET AND SOUTH 6121 1 00" WEST, 49.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 6121 1 00" WEST, 52.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID LAND; AND NORTH 38 0 03 1 30 11 WEST, 396.05 FEET TO THE CENTER LINE OF SAID TAMARACK AVENUE, THENCE ALONG SAID CENTER LINE NORTH 6121'00" EAST, 52.00 FEET TO A LINE WHICH BEARS NORTH 3803'30" WEST, PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID BOLES' LAND, FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE SOUTH 38 0 03 1 30" EAST TO THE TRUE POINT OF BEGINNING. PARCEL 3: ALL THAT PORTION OF TRACT 232 OF THUN LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF TAMARACK AVENUE, DISTANT THEREON SOUTH 6121 1 00" WEST, 1027.55 FEET FROM ITS POINT OF INTERSECTION WITH THE CENTER LINE OF JEFFERSON STREET, SAID POINT OF BEGINNING BEING THE MOST NORTHERLY CORNER OF A PARCEL OF LAND DESCRIBED IN DEED TO CHARLES E. BOLES, ET UX, RECORDED APRIL 18, 1952 IN BOOK 4439, PAGE 101 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINE OF SAID LAND AS FOLLOWS: SOUTH 37'08 0 00" EAST, 182.10 FEET, SOUTH 3830 1 30" EAST, 213.49 FEET AND SOUTH 6121 1 00" WEST, 49.36 FEET, THENCE PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID BOLES' LAND, NORTH 38 -03 1 30" WEST TO THE NORTHWESTERLY LINE OF SAID LAND; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 6121 1 00" EAST, 52.34 FEET TO THE POINT OF BEGINNING. I J.N. 6326 12-10-87 gh APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all applicants are required to complete this disclosure form at the time of submitting their application. When this form has been completed and signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either general or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal address and the name and address-of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 shareholders or less) or a real estate syndication, then please indicate the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syndicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corporation be a publicly held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. I DISCLOSURE FORM APPLICANT: Rodney C. Miles for Tamarack Property Investors Name (individual, partnership, joint venture, corporation, syndication) 18300 Von Karrnan, Suite 700, Irvine, CA 92715 B ur43s S4 s74-7 Telephone Number BRThN SMITH ENGINEERS, INC. (Skip Harnmann) AGENT: Name 2656 State Street, Carlsbad, C. 92008 Business Address (619) 729 -8981 Telephone Number MEMBERS: Rodney C and Ann R Miles Name (individual, partner, joint venture, corporation, syndication) 29441 Aria Maria Laguna Niguel, CA Home Address 29571 Seahorse Cove Laguna Niguel, CA 9 2677 Business Address - 714 4747270 Telephone Number Telephone Number Pfr suin 33412 padina Circle Laguna Niguel, CA Name Home Address 24022 Calle De La Plata Suite 540 Laguna Hills, CA 92653 Business Address 714 837707 1 Telephone Number Telephone Number see attached (Attach more sheets if necessary) I/We understand that if this project is located in the Coastal Zone, I/we will apply for Coastal Commission Approval prior to development. I/We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I/We consent to entry for this purpose. I/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. APPLICANT BY Agent, Owner, Partner Attachment to Disclosure Form Members: ilton J. and Norma L. Vander 4olen 9472 iokihana Huntington t3each, CA 92646 714 771L1.900 Robert and Joan Maim 20611 Salt Air Circle Huntington Beach CA 92646 714 7714900 STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSB?D 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. Si nature Date Name (Print) Relationship to Application (Property Owner-Agent) 'CR'1: PLT'TC PrT'n 2 /22 - CITY OF CARLSBAD - - 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 438-5621 REC'DFROM DATgf1 7 ACCOUNT NO DESCRIPTION AMOUNT Ic _1''__ -_; 1 •7 ________) _1 -- ___ / RECEIPT NO. 6 3 TOTAL QUALITY ORIGINAL (S) =E1T1fl! © DATE 12 -17 -87 JOB NO. 6326 ATTENTION RE Tamarack Property Tnvsi-nr Rodney C. Miles BRIAN SMITH, ENGINEER NC. 2656 State Street CARLSBAD, CALIFORNIA 92008 Phone 729-8981 TO CITY OF CARLSBAD Engineering/Planning Department GENTLEMEN: WE ARE SENDING YOU Xi Attached 0 Under separate cover via__________ _____the following items: • Shop drawings D Prints 0 Plans 0 Samples 0 Specifications • Copy of letter 0 Change order 0 COPIES - DATE NO. DESCRIPTION 15 Tentative Tract Map 1 Constraints Map 1 each Tract Map application,EIA form,Partnership agreement, location radius _map, _traffic _volume _map,600'_ _map, ownership list 2 each mailing labels,Public Facility Fee agreement, Title Reports 4 checks for filing fee THESE ARE TRANSMITTED as checked below: ER For approval 0 Approved as submitted O For your use 0 Approved as noted O As requested 0 Returned for corrections D For review and comment 0 0 FOR BIDS DUE _____________________ 19 REMARKS • Resubmit copies for approval • Submit copies for distribution • Return _______corrected prints 0 PRINTS RETURNED AFTER LOAN TO US COPY TO ey C. Miles V SIGNED: - It enclosures are not as noted, kindly notify us at once. RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD. ) 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorder's use Documentary transfer tax: $25.00 Signature of declarant determining tax-firm name C' City of Carlsbad c Parcel No. 206-042-01,02,03 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this jday of X 19 by and between TaIDaXack Property Investors, a partnership (Name of developer-owner) a partnership , hereinafter referred to as (Corporation, partnership, etc.) do Rodney C. Miles "Developer" whose address is 18300 Von Karman, Suite 700 (Street) Irvine, CA 92715 and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: subdivide 3 existing lots into 5 lots REV 7-28-87 . . on said Property, which development carries the proposed name of and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the day of 19, with the City a request for Tentative Map approval 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 July 28, 1987, on 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. NOW, THEREFORE, in consideration of the recitals and the convenants contained herein, the parties agree as follows: -2- REV 7-28-87 0 a 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 3.5% 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 of existing building or structures into condominiums in an amount not to exceed 3.5% 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 21.7 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobile home 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 the City a public facilities fee in the sum of $1,150 for each mobile home 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. 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 -3- REV 7-28-87 -I I 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. 6. All obligations hereunder shall terminate in the event the Requests made by Developer are not approved. -4- REV 7-28-87 . . 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 by personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall ensure to the benefit of, and shall apply to, the respective successors and assigns of Developer and the City, and references to Developer City herein shall be deemed to be references 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 7-28-87 >' C a E 0 0 S? C a C) a E 14. 0. (0 ID C c'J 00 CID CO . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Tamarack Property Investors A Partnership CITY OF CARLSBAD, a municipal corporation of the State of California By MARTIN ORENYAK For City Manager BY (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney STATE OF CALIFORNIA0 COUNTY OF- On said personally known to me (or proved to me on the basis of sails- factory evidence) to be the person that executed the within [ Instrumentas 6e1'Le!LCtL-/ partner(s), OFFICIAL SEAL ; GAIL E. MARLIN on behalf of_________________________________ Tamarack Property NOTARY PIJ13LIC CALIFORNIA PR Investors , the partnership orc COUNTY INCIPAL OFFICE IN therein named and acknowledged to me that the partnership MyCommjssgoflExpiresJufle291988 executed it. WITNESS my hand and official seal. ( 'T7 1a.._C.LC.-7L_.) (This area for official notarial seal) SI9nature , ned, a Notary Public in and for e attached.) . I EXHIBIT "A" LEGAL DESCRIPTION PPC'1!T. That portion of Tract No. 232 of Thum Lands, in the County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 9, 1915. PP('1T. 7 Same as Parcel 1 pRr1T. •: Same as Parcel 1 More particularly described on attached sheet I . LEGAL DESCRIPTION PARCEL 1; THAT PORTION OF TRACT NO. 232 OF ThUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF CHINQUAPIN AVENUE AND JEFFERSON STREET; THENCE ALONG THE CENTER LINE OF CHINQUAPIN AVENUE, SOUTH 61'21'00" WEST, 895.70 FEET TO THE SOUTHWEST CORNER OF LAND CONVEYED BY SOUTH COAST LAND COMPANY TO ALEX LAJ3ETA, ET UX, BY DEED RECORDED JUNE 25 1 1924 IN BOOK 1019, PAGE 189 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER Of SAN DIEGO COUNTY; AND THENCE ALONG THE SOUTHWESTERLY LINE OF LAND SO CONVEYED, NORTH 3803 1 30' WEST, 426.47 FEET TO THE MOST EASTERLY CORNER OF LAND CONVEYED BY WILLIAM C. KERCKHOFF COMPANY TO LOWELL B. PLACE, ET UX, BY DEED RECORDED OCTOBER 23, 1941 IN BOOK 1266, PAGE 95 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE SOUTHEAST LINE OF SAID LAND SO CONVEYED SOUTH 61'21'00' WEST, 101.36 FEET TO THE MOST SOUTHERLY CORNER THEREOF AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PIERCE LAND, NORTH 380330" WEST, 396.05 FEET TO THE CENTER LINE OF TAMARACK AVENUE; THENCE WESTERLY FOLLOWING SAID CENTER LINE TO THE EAST LINE OF THE 100.00 FOOT RIGHT OF WAY TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (BEING THE NORTHWESTERLY EXTENSION OF THE CURVE IN THE SOUTHWESTERLY LINE OF SAID TRACT NO. 232); THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE OF SAID TRACT NO. 232, TO INTERSECTION WITH A LINE BEARING SOUTH 612100" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 612100" EAST, 101.38 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF TRACT NO. 232 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE CENTER LINE OF TAMARACK AVENUE, DISTANT THEREON SOUTH 612100 0 WEST, 1027.55 FEET FROM ITS POINT OF INTERSECTION WITH THE CENTER LINE OF JEFFERSON STREET, SAID POINT OF QMME$CEMENT BEING THE MOST NORTHERLY CORNER OF A PARCEL OF LMID . . PAGE TWO OF EXHIBIT "A" DESCRIBED IN DEED TO CHARLES E. BOLES, EP UX, RECORDED APRIL 10, 1952 IN BOOK 4439, PAGE 101 OF OFFICIAL RECORDS: THENCE ALONG THE BOUNDARY OF SAID LAND AS FOLLOWS: SOUTH 3708 1 00" EAST, 182.10 FEET; SOUTH 38'03 1 30" EAST, 213.49 FEET AND SOUTH 6121 1 00 11 WEST, 49.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 6121'00" WEST, 52.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID LAND; AND NORTH 38'03 1 30" WEST, 396.05 FEET TO THE CENTER LINE OF SAID TAMARACK AVENUE, THENCE ALONG SAID CENTER LINE NORTH 6121 1 00" EAST, 52.00 FEET TO A LINE WHICH BEARS NORTH 3803 0 30" WEST, PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID BOLES' LAND, FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE SOUTH 38'03 0 30" EAST TO THE TRUE POINT OF BEGINNING. PARCEL 3: ALL THAT PORTION OF TRACT 232 OF TITUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915 1 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF TAMARACK AVENUE, DISTANT THEREON SOUTH 6121 0 00" WEST, 1027.55 FEET FROM ITS POINT OF INTERSECTION WITH THE CENTER LINE OF JEFFERSON STREET, SAID POINT OF BEGINNING BEING THE MOST NORTHERLY CORNER OF A PARCEL OF LAND DESCRIBED IN DEED TO CHARLES E • BOLES, ET LJX, RECORDED APRIL 18, 1952 IN BOOK 4439, PAGE 101 OF OFFICIAL RECORDS: THENCE ALONG THE BOUNDARY LINE OF SAID LAND AS FOLLOWS: SOUTH 37 0 08'00" EAST, 182.10 FEET, SOUTH 3830 1 30" EAST, 213.49 FEET AND SOUTH 6121 1 00" WEST, 49.36 FEET, THENCE PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID BOLESI LAND, NORTH 38103 30N WEST TO THE NORTHWESTERLY LINE OF SAID LAND; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 6121 1 00 EAST, 52.34 FEET TO THE POINT OF BEGINNING. J.N. 6326 12-10-87 gh STATEMENT OF PARTNERSHIP AND GENERAL PARTNERSHIP AGREEMENT OF TAMARACK PROPERTY INVESTORS This STATEMENT OF PARTNERSHIP AND GENERAL PARTNER- SHIP AGREEMENT is made and entered into as of this I day of February, 1986, by and between RODNEY C. MILES, Qf j1 and their respective spouses (hereinafter each a "General Partner" and collectively the "Partners). RECITAL WHEREAS, the parties hereto are desirous of forming this General Partnership for the purpose of investing in certain real estate, commonly known as 411, 421 and 431 Tamarack, Carlsbad, California, which approximates 1.8 acres. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: ARTICLE I The parties hereby form a General Partnership consistent with the California Uniform Partnership Act, Corporations Code Section 15001, et seq. ARTICLE II A. The name of the Partnership shall be Tamarack Property Investors. The business of the Partnership may, -1- S I however, be conducted under any other name deemed necessary or desirable by the Managing Partner. B. The principal place of business of the Partnership shall be at 29571 Seahorse Cove, Laguna Niguel, California, 92677, or at such other place or places as the Managing Partner may, from time to time, hereafter determine. C. The -- parties hereby shall forthwith execute all such certificates and other documents conforming to this Statement and Agreement and do all such filing, recording, publishing and other acts as may be appropriate to comply with all requirements for the formation and operation of a general partnership under the laws of the State of California with a principal place of business at Laguna Niguel, Cali- fornia, and using a fictitious business name in San Diego County, California. ARTICLE III The Partnership purpose shall be to acquire for rental/lease purposes and ultimate development that real property known as 411, 421 and 431 Tamarack, Carlsbad, California (hereinafter the "Partnership Properties"). ARTICLE IV The Partnership shall commence upon the purchase of the Partnership Properties and shall continue for a period of. five (5) years or until the Partnership is other- wise terminated pursuant, to any of the provisions of this Agreement, whichever event shall first occur. -2- . . ARTICLE V A. Each partner shall contribute to the capital of the Partnership the described consideration as set forth in Exhibit "A" attached hereto and incorporated herein by reference. Each Partner shall have an interest in the Partnership as set forth beside that Partner's name in said Exhibit "A". The said contributions to capital shall be made by the Partners on the execution of the Statement and Agreement. B. Additional monthly cash contributions shall be determined by the Managing Partner. ARTICLE VI The purpose of this Article is to allocate taxable profit and loss of the Partnership to the Partners. As used herein, "net income" means taxable income of the Partnership for Federal income tax purposes for the Partnership's taxable year in question, and "net loss" means the net loss of the Partnership for Federal income tax purposes for the Partner- ship's taxable year in question. Net income or net loss of the Partnership for each taxable year shall be allocated among the Partners according to their interest in the Partnership as set forth in Exhibit "A"; any other items shall be allocated in the same manner. Each Partner's distributive share of any item of income, gain, loss, deduction or credit of the Partnership during any Partnership taxable year during which there is a -3- S . change in any Partner's interest in the Partnership shall be determined as provided in Internal Revenue Code (hereinafter "IRC") Section 706. A. The term "net operating receipts" as used herein shall mean all cash revenue and funds received by the Partnership, other than funds received as capital contri- butions or Capital Receipts or the proceeds of any re- financing or sales of Partnership assets, less the sum of the following to the extent made from such cash revenues and funds received by the Partnership: (i) all principal and interest payments on mortgage and other indebtedness of the Partnership and all other sums paid to lenders; (ii) all cash expenditures, including expenditures for capital improvements, incurred incident to the normal operation of the Partnership's rental/lease business; and (iii) such cash reserves as the Managing Partner in its sole discretion deems reasonably necessary for proper operation of the Partnership business. B. Distributions of net operating receipts shall be made within ninety (90) days after the end of each calendar year, at such time or times as the Managing Partner shall deem practicable. Any distribution made within such ninety (90) days shall be considered to be made with respect to such preceding year and all other distributions made during a year shall be considered made with respect to the year of distribution. Distributions shall be divided among -4- . I the Partners in proportion to their respective Partnership interest as of the end of the preceding calendar year. C. Except for construction funds for the develop- ment of the Partnership Properties, in the event that any mortgage or other lien or security interest upon the Partner- ship Properties is refinanced or additional mortgages, liens, or security interests are placed upon any such Properties, the net proceeds resulting from such refinancing, after deducting any expenses incurred in connection therewith and after the application by the Managing Partner of any of such proceeds toward the payment of any indebtedness being refinanced, shall constitute "Capital Receipts". In the event that the Partnership Properties shall be sold, the net proceeds of such sale, after deducting customary brokerage commissions, if any, and other expenses incurred in con- nection with such sale, shall also constitute "Capital Receipts". D. Capital Receipts shall be distributed in the following order and in the following proportions: First, to the payment of debts, liabilities and obligations of the Partnership other than any loans from any Partner; provided however, that any and all Partnership debts secured by deeds of trust against the Partnership Properties need not be paid out of the then assets of the Partnership; Second, to the payment and discharge, with accrued interest thereon, of any loans and advances made by Partners to the Partnership; S . Third, an amount equal to the aggregate outstanding capital contributions of the Partners; Fourth, the remainder in proportion to the Partners' respective interest in the Partnership. E. Any receivable or note receivable by the Partnership upon the sale of Partnership Properties shall be valued, for the purposes of determining the amount of distribution of Capital Receipts, at its face value less the amount of any indebtedness to which such receivable or note is subject. ARTICLE VII The Managing Partner is Professional Business Planning & Research, Inc. All decisions affecting the Partnership, unless expressly provided for herein to the contrary, having a financial effect over $1,500 shall be made by a majority of the Partners; those under $1,500 shall be made by the Managing Partner. All funds shall be deposited in the Partnership's name. The Managing Partner shall act as property manager of the Partnership Properties. As compen- sation for such services, said corporation shall receive ten percent (10%) of the excess of the selling price of the Properties or appraised value if not sold over and above $387,000 as and only when sold or when appraisal is neces- sary. . . ARTICLE VIII No Partner may withdraw from the Partnership. The Partnership shall not be terminated by the death, insanity, bankruptcy, dissolution or transfer of any Partnership interest or the admission of any new Partner or legal disability of any Partner. ARTICLE XI A. The books of the Partnership shall be kept on a cash basis. B. The Partnership shall maintain full, complete and accurate books at its principal office and all Partners shall have the right to inspect and examine such books at reasonable times upon reasonable notice. The Managing Partner agrees to deliver to each Partner, within seventy- five (75) days after the expiration of each calendar year, required Federal and California income tax forms and schedules. A capital account, shall be maintained for each Partner on the books of the Partnership. Each Partner's capital account shall be credited with all capital contri- butions made by such Partner and each Partner's proportionate share of the net income realized by the Partnership. To the extent allowable under the IRC, each Partner's capital account shall be appropriately charged with a proportionate share of the losses incurred by the Partnership and distri- butions therefrom. -7- . S In the case of a distribution of property, which distribution is made in the manner provided by Section 734 of the IRC, or in the case of a transfer of a Partnership interest, in the manner provided by Section 743 of the IRC, then, upon any Partner's request, the Managing Partner shall file on behalf of the Partnership an election under Section 754 of the IRC, in accordance with the procedures set forth in the applicable Treasury Regulations. ARTICLE X A. No Partner may sell, assign, or transfer all or any part of his interest in the Partnership, without first complying with the terms of this ARTICLE X. Any such transfer attempted to be made without complying with the terms hereof shall be null and void. B. Any Partner desiring to sell or otherwise transfer all or any part of his interest in the Partnership must first have obtained a bona fide offer for such interest. The Partner shall then give notice of the offer so received to the Managing Partner, which notice shall set forth the name of the offeror and all terms and conditions of said offer. Transmittal of such an offer by the selling Partner shall constitute an offer to sell his interest to the Partnership upon the same terms and conditions as are set forth in such an offer. C. In the event that the entire interest offered for sale is not so purchased or rejected by the Managing -8- . . Partner within thirty (30) days of receipt of said notice (hereinafter "thirty (30) day period"), the selling Partner shall be relieved of the provisions of this ARTICLE X and may thereupon sell his said interest in the Partnership to the person named in his offer within thirty (30) days of the expiration of the thirty (30) day period, but in no event for a price less, or upon terms more favorable than, that stated in the offer of sale made to the Managing Partner. In the event that the Partnership interest is not so sold (completed sale) during said thirty (30) days following the thirty (30) day period, it may not thereafter be sold unless and until it has been again offered to the Managing Partner, in accordance with the terms of this ARTICLE X. D. If the Partnership interest is transferred to the person named in said notice, in accordance with the provisions of this Article, it shall be effective only to give said person the rights under California Corporations Code Section 15027. ARTICLE XI Except as otherwise provided herein, upon the earliest to occur (i) the expiration of the said five (5) year period; (ii) the sale of all of the Partnership Proper- ties; or (iii) the affirmative vote of all Partners, the Partnership shall be dissolved forthwith. Section 15031 of the Act is deemed to be inapplicable to this Agreement. S . Upon the dissolution of the Partnership, an accounting shall be made of the accounts of the Partnership, and each Partner thereof, and the Partnership's assets, liabilities and operations, from the date of the last previous accounting to the date of dissolution. Thereupon, the Managing Partner shall act to wind up and terminate the business and affairs of the Partnership. ARTICLE XII Upon the dissolution of the Partnership in any manner whatsoever, the net proceeds shall be distributed in the manner provided in ARTICLE VI for the distribution of "Capital Receipts". In the event all or any portion of the Partnership Properties are to be distributed in kind, the Partners shall agree upon the value of the then equity thereof, which agreed equity value shall be deemed the sales price of such portion of Partnership properties; whereupon, such portion of Partnership Properties shall then be distributed in kind among the Partners, in accordance with ARTICLE VI for the distribution of "Capital Receipts". If the Partners cannot agree upon the value of the then equity of the Partnership Properties within thirty (30) days after the dissolution of the Partnership, the value thereof shall be determined in the manner provided in the Code of Civil Procedure of the State of California for the determination of controversies by arbitration; the Managing Partner to -10- . . choose the arbitrator. The decision of the arbitrator as to the value of the equity of the Partnership Properties shall be final and binding and may be enforced by legal pro- ceedings. During the winding up of the Partnership, the Partners shall continue to divide the profits and losses in the same manner as set forth at ARTICLE VI hereof. The Managing Partner shall conduct the liquidation of the Partnership as rapidly as possible and shall use his best efforts. ARTICLE XIII The Managing Partner shall procure and maintain with responsible companies such insurance as may be available in such amounts and covering such risks as may be appropriate in the judgment of the Managing Partner. ARTICLE XIV The Managing Partner shall maintain complete and accurate records of the acquisition and disposition of all Partnership Properties. He shall also maintain the follow- ing: (1) All insurance policies, or copies of certificates thereof, insuring any Partnership Properties or Partnership risks; (ii) Opinions of counsel and title policies acquired by the Partnership relating to any Partnership Properties; and (iii) The reports of appraisers, engineers and other consultants acquired by the Partnership in the course of Partnership operations. Such documents, reports, opinions -11- . . and records, together with receipts, vouchers, and other supporting evidence thereof shall be available for inspection and audit by any Partner or his duly authorized repre- sentative, at the expense of such Partner, during reasonable hours at the principal office of the Partnership; provided, however, that the Managing. Partner will not be required to maintain such records and material referred to herein for a period in excess of five (5) years from the date of the making or receipt thereof, except that title opinions and title policies shall be held for the period the Partnership owns the Partnership Properties to which they relate and insurance policies shall be held for a period of five (5) years after their expiration dates. ARTICLE XV Every Partner hereby agrees to execute the docu- ments described above promptly upon request. ARTICLE XVI Any notice or other communication required pursuant to this Agreement shall be in writing and shall be deemed to have been given five (5) business days after placing it in the United States mail, certified, return receipt, postage prepaid. ARTICLE XVII This Agreement is to be governed by and construed in accordance with the laws of the State of California. S • Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law; provided, however, that in the event any provision of this Agreement shall be invalid or prohibited under such applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. In the event that any action is brought by any Partner against the other with respect to the subject matter hereof, the party in whose favor final judgment is rendered shall be entitled to recover all costs and expenses, in- cluding reasonable attorneys' fees, incurred by such prevail- ing party. ARTICLE XVIII Each party hereto agrees to execute with notariza- tion, acknowledgment or affidavit, if required by the Managing Partner, any and all documents and writings which may be necessary or expedient in the creation of this Partnership and achievement of its purposes. This Agreement, or any amendment thereto, may be executed in multiple counterparts, each of which shall be deemed an original Agreement and all of which taken together, shall constitute one Agreement. ARTICLE XIX This Agreement may only be amended by all Partners. -13- ARTICLE XX All of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the successors, assigns, legal representatives, spouses and heirs to each Partner. ARTICLE XXI At the end of the period five (5) years from the date of the purchase of the Partnership Properties, the term of the Partnership shall be extended for an additional two (2) years if all Partners agree to same in writing on or before such date. If any Partner does not so agree to extend the term of the Partnership, the Managing Partner shall select a real estate appraiser and the disagreeing. Partner shall select an appraiser to appraise the Partnership Properties at the end of said five (5) year period. The average of such appraised values, so long as the difference between the two (2) appraisals is less than four percent (4%), shall be used to determine the equity value of said disagreeing Partner's interest in the Partnership at the end of said five (5) year period; otherwise, said disagreeing Partner's equity value shall be determined in the manner provided in the Code of Civil Procedure of the State of California for the determination of controversies by arbitration, unless otherwise agreed to in writing by all Partners. -14- PARTNERS: . . All costs and expenses associated with such appraisals and/or arbitration shall be shared equally by the Partnership and the disagreeing Partner, except that each side shall bear their own attorney's fees, if any. The disagreeing Partner shall receive in exchange for the equity value of his Partnership interest a promissory note from the Partnership in like principal amount, bearing ten percent (10%) interest per annum from the end of said five (5) year period, payable interest only annually for a period of two (2) years from the end of said period, princi- pal payable at the end of such two (2) year period. Said note shall be secured by a standard form trust deed against the Partnership Properties. IN WITNESS WHEREOF, the parties hereto have executed this Statement and Agreement as of. the day, month and year first above written. / -15- . . State of California ) ss. County of Orange ) On 21 , 1986, before me, a notary public, personally appeared L known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within Statement of Partnership and General Partnership Agreement of Tamarack Property Investors, and acknowledged to me that _he_ executed same. SEAL ERSON (SEAL) RM111 CALIFORNIA UNTY uly 28. 1989 State of California ) )ss. County of Orange ) On 21 , 1986, before me, a notary public, personally appeared Joi,., //ri.v known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within Statement of Partnership and General Partnership Agreement of Tamarack Property Investors, and acknowledged to me that She executed same. ff SEAL ERSON (SEAL) mmII1CALIFORNIAUNTY uly 28, 1989 State of California ) Cs. County of Orange On _cQh31\°Ls 1986, before me, a notary public, personally appeared known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within Statement of Partnership and General Partnership -16- . . Agreement of Tamarack Property Investors, and acknowledged to me that jhe_ executed same. a L. (SEAL) State of California ) )sc. County of Orange ) OFFICIAL SEAL SANDRA L. GENNARO j: NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp. Sept. 15, 1989 On y 2/ , 1986, before me, a notary public, personally appeared known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within Statement of Partnership and General Partnership Agreement of Tamarack Property Investors, and acknowledged to me that _he_ executed same. W& mm- M_ 64-. - W*— etary Rblic OFFICIAL SEAL (SEAL) SYLVIA ANDERSON NOTARY PUBLIC -CALIFORNIA '3j79 ORANGE COUNTY My Comm. Expires July 28, 1989 State of California ) ) Sc. County of Orange ) on _j&J4ay 21 , 1986, before me, a notary public, personally appeared N.,,i L known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within Statement of Partnership and General Partnership Agreement of Tamarack Property Investors, and acknowledged to me that She executed same. No Public OFFICIAL SEAL (SEAL) SYLVIA ANDERSON ri NOTARY PUBLIC CALIFORNIA ORANGE COUNTY My Comm. Expires July 28, 1989 -17- . . State of California ) ss. County of Orange ) On 1)7L/tA!A 79 , 1986 before me, a notary public, personally appeared e , /(i7c known to me (or proved to me on the basis 6f satisfactory evidence) to be the person whose name is subscribed to the within Statement of Partnership and General Partnership Agreement of Tamarack Property Investors, and acknowledged to that ...........he execUted same. OFFICIAr. SEAL I l ;FCR'flir t'FflC'.PA) Drf.fcl, IN OUNT'( MyCornmrssion Expiris June 29, 19 (SEAL) X:J-z 590A&7L otäry Public State of California ) ss. County of Orange c7 . 7 On , 1986 before me, a notary public, personally appeared dk 71 SL.1 known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within Statement of Partnership and General Partnership Agreement of Tamarack Property Investors, and acknowledged to me that _he_ executed same. OFFICIAL SEAL //~' , MARY ANN BANN-ING NOTARY PUOLIC CALIFORNIA ( Notary/Public \J ORANGE COUNTY J / (J 4 comm. expires JUN 6, State of California ) )ss. County of Orange ) On , 1986, before me, a notary public, personally appeared known to me (or • proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the I EXHIBIT "A" Name Consideration op, $ ? Partnershi Interest $ FORM NO. 1068-1 (6/87) Preliminary Report AMER J C * Y / PRELIMINARY REPORT In response to the herein referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein 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 setforth herein. 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 tq the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Insurance Company 411 Ivy Street P.O. Box 808 (92112) San Diego, California 92101 (619) 238-1776 1-(800) 451-0454 . PRELIMINARY REPORT 61 Ir EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION 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: Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings bya public agency which may result in taxes orassessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown bythe public records but which could be ascertained byan inspection of the land orby making inquiryof per- Sons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any otherfacts which a correct survey would disclose, and which are notshown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A or in abutting streets, roads, avenues, alleys, lanes, ways orwaterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting ownerfor access to a physically open street or highway Is insured by this policy. 7. Any law, ordinance orgovernmental regulation (including but not limited to building and zoning ordinances) restricting orregulating orprohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership orachange In the dimensions orarea of the land orany parcel of which the land isorwas a part, whether or not shown bythe publicrecordsat Date of Policy, or the effect of any violation of any such law, ordinance or governmental regulation, whether or not shown by the public records at Date of Policy. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) whether or not shown by the public records at date of policy, but created, Caused, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy orat 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 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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B- 1970 (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance orgovernmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions 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 appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, orother 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 orat 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; or (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. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 (AMENDED 10-17-70) WITH REGIONAL EXCEPTIONS When the American Land Title Association policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown bythe public records but which could be ascertained by an inspection of said land or by making inquiry of per- sons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. O -. . 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970 WITH A.L.T. NDORSEMENT FORM 1 COVE RAGE(AME MOE D 10-1,7-70) EDULE OF EXCLUSIONS FROM COVERA 1. Any law, ordinance or govern mental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 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, orother 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 claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss ordamage 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 construc- tion or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because offailure of the insured at Date of Policyorof any subsequent owner of the indebtedness to complywith applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LENDERS POLICY- 1970 (AMENDED 10-17.70) WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Anyfacts, rights, interests, or claims which are not shown bythe public records but which could be ascertained byan inspection of said land orbymaking inquiryof per- sons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1987 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (6-87) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' feesorexpenses which arise by reason of: 1. (a) Any law, ordinance orgovernmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibit- ing or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) aseparation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was apart; or (iv) environmental protection, orthe effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage anytaking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known tothe Company, not recorded in the public records at Date of Policy, but known tothe insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching orcreated subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien forservices, laboror material orthe extent insurance is afforded herein as to assessments for street improvements under construction orcompleted at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceabilityof the lien of the insured mortgage because of the inability orfailure of the insured at Date of Policy, orthe inability orfailure of anysubsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, orclaim thereof, which arises out of the transaction evidenced bythe insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien forservices, labor or materials(orthe claim of priority of any statutory lien forservices, labor or materials overthe lien of the insured mortgage) aris- ing from an improvement orwork related tothe landwhich is contracted forand commenced subsequent to Date of Policyand is not financed in whole or in part by pro- ceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY FORM B - 1987 (6-87) WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. (continued on back) SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Anyfacts, rights, interests, or claims which are not shown by-the public records but which could be ascertained byan inspection of said land or by making inquiry of per- sons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. linpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; wate,' ights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B- 1987 (6-87) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Anylaw, ordinance orgovernmental regulation (including but not limited to building and zoning laws, ordinances, orregulations) restricting, regulating, prohibit- ing or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is orwas apart; of (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or notice-of a defect, lien or encumbrance resulting from aviolation or alleged violation affecting the land -has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice ofadefect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the publib records at Date of Policy. - 2. Rights of emine,nt domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage anytaking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. -. 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, not recorded in the public records at Date of Policy, but known tothe insured claimant and not disclosed in writing to the Company b' the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss-or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 9. AMERICAN LAND TITLE ASSOCIATION OWNER POLICY - 1987 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (6-87) WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as aStandard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Anyfacts, rights, interests, orclaimswhich are not shown bythe public records butwhich could be ascertained byan inspection of said land orby making inquiryof per- 'sons in possession 'thereof., 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to -a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. - 10. 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: 1. Governmental police power, and-the existence orviolation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: - • land use • land division • improvements on the land • environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 11 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. 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. • that result in ro 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: . • to any land outside the are ecifically described and referred to in Item 3 of Sche A, or • in stree,(s, alleys, or watethat touch your land This exclusion does not limit the access ,. erage in ltei 5 of Cqered Title Rists. - -. AME 1 ORDER NO. 960440-14 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 (619) 238-1776 DECEMBER 3, 1987 RODNEY MILES 29571 SEABREEZE AVENUE LAGUNA NIGUEL, CALIFORNIA 92677 OUR ORDER NO. 960440-14 DATED AS OF NOVEMBER 25, 1987 AT 7:30 A.M. KEVIN MC CARTHY/NJ - TITLE OFFICER THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: SUBDIVISION MAP GUARANTEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: TAMARACK PROPERTY INVESTORS THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) PAGE 1 . P: oigw \ ORDER NO. 960440-14 AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1987-88, NOW PAYABLE. 2. SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. PARCEL NO. 869-009-02-56. ORIGINAL 1ST INSTALLMENT $425.75 OPEN (DELINQUENT ON 06/01/87) ORIGINAL 2ND INSTALLMENT $425.75 OPEN (DELINQUENT ON 09/30/87) DELINQUENCY CHARGES: $42.58 1ST PENALTY $52.58 2ND PENALTY NOTE: NO DETERMINATION IS MADE AS TO THE ASSESSED TAX YEAR. SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. PARCEL NO. 869-009-02-66. ORIGINAL 1ST INSTALLMENT $391.00 OPEN (DELINQUENT ON 06/01/87) ORIGINAL 2ND INSTALLMENT $391.00 OPEN (DELINQUENT ON 09/30/87) DELINQUENCY CHARGES: $39.10 1ST PENALTY $49.10 2ND PENALTY NOTE: NO DETERMINATION IS MADE AS TO THE ASSESSED TAX YEAR. SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. PARCEL NO. 869-009-02-76. ORIGINAL 1ST INSTALLMENT $391.19 OPEN (DELINQUENT ON 06/01/87) ORIGINAL 2ND INSTALLMENT $391.19 OPEN (DELINQUENT ON 09/30/87) DELINQUENCY CHARGES: $39.12 1ST PENALTY $49.12 2ND PENALTY NOTE: NO DETERMINATION IS MADE AS TO THE ASSESSED TAX YEAR. 3. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. 4. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. PAGE 2 •t . . ORDER NO. 960440-14 5. THE RIGHTS OF THE PUBLIC IN AND TO THAT PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN TAMARACK AVENUE AS DISCLOSED BY MAP ON FILE IN THE OFFICE OF THE COUNTY ASSESSOR OF SAN DIEGO COUNTY. AFFECTS PARCELS 2 AND 3. 6. AN EASEMENT AND RIGHT OF WAY FOR TELEPHONE AND/OR ELECTRIC POLES AND LINES, AND FOR SEWER, WATER, AND/OR GAS MAINS AND PIPELINES AND APPURTENANCES THERETO, AS RESERVED BY WILLIAM G. KERCKHOFF COMPANY, IN DEED RECORDED MARCH 8, 1944 IN BOOK 1636, PAGE 385 OF OFFICIAL RECORDS. THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. AFFECTS PARCEL 1. 7. AN EASEMENT FOR A SANITARY SEWER AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED MAY 4, 1956 IN BOOK 6087, PAGE 344 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: SAID EASEMENT IS MORE PARTICULARLY DESCRIBED AS BEING 10 FEET IN WIDTH, THE CENTER LINE BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF TAMARACK AVENUE, SOUTH 61 0 21 1 WEST 1032.55 FEET FROM INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE OF JEFFERSON STREET; THENCE SOUTH 37 0 08' EAST 182.10 FEET; THENCE SOUTH 38°03 1 30" EAST 213.49 FEET. EXCEPTING THEREFROM TAMARACK AVENUE. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 3. 8. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED JANUARY 22, 1965 AS FILE NO. 12618 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF THE ABOVE DESCRIBED LAND; THENCE NORTH 38 0 03 1 30" WEST 181.62 FEET ALONG THE WESTERLY LINE OF THE ABOVE DESCRIBED LAND, TO THE BEGINNING OF A CURVE, RADIUS OF 5679.655 FEET, CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 20.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVE 154.84 FEET TO THE INTERSECTION OF A.T. AND S.F.R.R. EASTERLY RIGHT OF WAY LINE OF AND THE SOUTHERLY RIGHT OF WAY LINE OF TAMARACK AVENUE, THIS POINT ALSO BEING THE MOST NORTHWESTERLY CORNER OF THE ABOVE PAGE 3 'ç AMER,' C S. -1 4. 4' S ORDER NO. 960440-14 DESCRIBED LAND; THENCE NORTH 55°27' EAST 20.00 FEET; THENCE SOUTH 34°33' EAST 100.00 FEET; THENCE SOUTH 18°22 1 41" EAST 58.73 FEET TO THE TRUE POINT OF BEGINNING. AFFECTS PARCEL 1. 9. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $100,100.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED JULY 3, 1986 AS FILE NO. 86-275951 OF OFFICIAL RECORDS. DATED: JULY 1, 1986 TRUSTOR: RODNEY C. MILES AND ANN R. MILES TRUSTEE: GATEWAY MORTGAGE CORPORATION, A CALIFORNIA CORPORATION BENEFICIARY: FIDELITY FEDERAL SAVINGS AND LOAN ASSOCIATION, A CORPORATION AFFECTS PARCEL 1. 10. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $96,750.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED JULY 3, 1986 AS FILE NO. 86-275949 OF OFFICIAL RECORDS. DATED: JULY 1, 1986 TRUSTOR: ROBERT L. MALIN AND JOAN N. MALIN TRUSTEE: GATEWAY MORTGAGE CORPORATION, A CALIFORNIA CORPORATION BENEFICIARY: FIDELITY FEDERAL SAVINGS AND LOAN ASSOCIATION, A CORPORATION AFFECTS PARCEL 2. 11. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $74,750.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED JULY 3, 1986 AS FILE NO. 86-275947 OF OFFICIAL RECORDS. DATED: JULY 1, 1986 TRUSTOR: PETER J. SUKIN TRUSTEE: GATEWAY MORTGAGE CORPORATION, A CALIFORNIA CORPORATION BENEFICIARY: FIDELITY FEDERAL SAVINGS AND LOAN ASSOCIATION, A CORPORATION AFFECTS PARCEL 3. PAGE 4 4: PMER/ci1 S ORDER NO. 960440-14 12. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $50,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED JULY 31, 1986 AS FILE NO. 86-322336 OF OFFICIAL RECORDS. DATED: JUNE 30, 1986 TRUSTOR: TAMARACK PROPERTY INVESTORS, A PARTNERSHIP TRUSTEE: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY: RUTH 0. HICKS AFFECTS PARCELS 2 AND 3. 13. THE TERMS, COVENANTS, AND CONDITIONS OF THE PARTNERSHIP REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS. 14. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COPY OF THE PARTNERSHIP REFERRED TO IN THE VESTING HEREIN AND ANY AMENDMENTS THERETO. 15. THE REQUIREMENT THAT THERE BE RECORDED A CERTIFICATE OF PARTNERSHIP ON TAMARACK PROPERTY INVESTORS PRIOR TO THE SIGNING OF ANY DOCUMENTS TO BE EXECUTED AND RECORDED THROUGH THIS TRANSACTION. 1987-1988 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09000 206-042-01 $754.92 OPEN $754.92 OPEN $85,744.00 $57,256.00 PAGE 5 AMER1 . I ze ORDER NO. 960440-14 1987-1988 TAX INFORMATION: CODE AREA: 09000 PARCEL NO.: 206-042-02 1ST INSTALLMENT: $681.63 OPEN 2ND INSTALLMENT: $681.63 OPEN LAND VALUE: $85,000.00 IMPROVEMENTS: $44,000.00 EXEMPT: CODE AREA: 09000 PARCEL NO.: 206-042-03 1ST INSTALLMENT: $608.35 OPEN 2ND INSTALLMENT: $608.35 OPEN LAND VALUE: $85,000.00 IMPROVEMENTS: $30,000.00 EXEMPT: PAGE 6 AME, S I ORDER NO. 960440-14 LEGAL DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF TRACT NO. 232 OF THtJM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF CHINQUAPIN AVENUE AND JEFFERSON STREET; THENCE ALONG THE CENTER LINE OF CHINQUAPIN AVENUE, SOUTH 61 0 21 1 00" WEST, 895.70 FEET TO THE SOUTHWEST CORNER OF LAND CONVEYED BY SOUTH COAST LAND COMPANY TO ALEX LABETA, ET UX, BY DEED RECORDED JUNE 25, 1924 IN BOOK 1019, PAGE 189 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; AND THENCE ALONG THE SOUTHWESTERLY LINE OF LAND SO CONVEYED, NORTH 38 0 03 1 30" WEST, 426.47 FEET TO THE MOST EASTERLY CORNER OF LAND CONVEYED BY WILLIAM C. KERCKHOFF COMPANY TO LOWELL B. PLACE, ET UX, BY DEED RECORDED OCTOBER 23, 1941 IN BOOK 1266, PAGE 95 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE SOUTHEAST LINE OF SAID LAND SO CONVEYED SOUTH 61 0 21 1 00" WEST, 101.36 FEET TO THE MOST SOUTHERLY CORNER THEREOF AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PIERCE LAND, NORTH 38 0 03 1 30" WEST, 396.05 FEET TO THE CENTER LINE OF TAMARACK AVENUE; THENCE WESTERLY FOLLOWING SAID CENTER LINE TO THE EAST LINE OF THE 100.00 FOOT RIGHT OF WAY TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (BEING THE NORTHWESTERLY EXTENSION OF THE CURVE IN THE SOUTHWESTERLY LINE OF SAID TRACT NO. 232); THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE OF SAID TRACT NO. 232, TO INTERSECTION WITH A LINE BEARING SOUTH 61 0 21 1 00 11 WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 61°21 1 00" EAST, 101.38 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF TRACT NO. 232 OF THOM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE CENTER LINE OF TAMARACK AVENUE, DISTANT THEREON SOUTH 61°21 1 00" WEST, 1027.55 FEET FROM ITS POINT OF INTERSECTION WITH THE CENTER LINE OF JEFFERSON STREET, SAID POINT OF COMMENCEMENT BEING THE MOST NORTHERLY CORNER OF A PARCEL OF LAND i AME1 C' I P411_ ORDER NO. 960440-14 DESCRIBED IN DEED TO CHARLES E. BOLES, ET UX, RECORDED APRIL 10, 1952 IN BOOK 4439, PAGE 101 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID LAND AS FOLLOWS: SOUTH 37 0 08 1 00" EAST, 182.10 FEET; SOUTH 38°03 1 30" EAST, 213.49 FEET AND SOUTH 61°21'00" WEST, 49.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 61 0 21'00" WEST, 52.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID LAND; AND NORTH 38 0 03 1 30" WEST, 396.05 FEET TO THE CENTER LINE OF SAID TAMARACK AVENUE, THENCE ALONG SAID CENTER LINE NORTH 61 0 21 1 00" EAST, 52.00 FEET TO A LINE WHICH BEARS NORTH 38 0 03 1 30 11 WEST, PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID BOLES' LAND, FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE SOUTH 38 0 03 1 30" EAST TO THE TRUE POINT OF BEGINNING. PARCEL 3: ALL THAT PORTION OF TRACT 232 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF TAMARACK AVENUE, DISTANT THEREON SOUTH 61 0 21 1 00" WEST, 1027.55 FEET FROM ITS POINT OF INTERSECTION WITH THE CENTER LINE OF JEFFERSON STREET, SAID POINT OF BEGINNING BEING THE MOST NORTHERLY CORNER OF A PARCEL OF LAND DESCRIBED IN DEED TO CHARLES E. BOLES, ET UX, RECORDED APRIL 18, 1952 IN BOOK 4439, PAGE 101 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINE OF SAID LAND AS FOLLOWS: SOUTH 37°08'00" EAST, 182.10 FEET, SOUTH 38°30 1 30" EAST, 213.49 FEET AND SOUTH 61°21 1 00" WEST, 49.36 FEET, THENCE PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID BOLES' LAND, NORTH 38°03 1 30" WEST TO THE NORTHWESTERLY LINE OF SAID LAND; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 61°21'00" EAST, 52.34 FEET TO THE POINT OF BEGINNING. PAGE 8 I I I - Ii • • o 4 50 - ----- 9 1149 '19 Or FOR — III I . \ ' E ) t - //S Cj - Olt -p \ — — r \ \ — —° 55 \ i-& — f\ 0 e .Q PAR. A /.T4 'kip '% It 4\) - I 114 9 \75 PNI /10 C) 3 C'1 — —' C) C)' e QR O (3 Do i - - ) - ç , (') l4 \, ! qj 9 5' 30 3.0 3 _"• - —..-- - -.f Lt ' -N - — - - - __- ~~2 2 'j AMER;-e po sos 800 SAN 9,000 C - _5 , __- '-.___- "This map may or may not be a — - MAP 10891 CARLSBAD TCT 83- MA 4905 0NGVIE PLAZA any purpose other than ~nen*,ar to the general location of the cat MAP 4751 - 3ALI HAl TERRACE cw parcels depicted. First Amer , • fl ii flu. expressly disclaims any liabe alli eb • !, ir 't1 - LINMAP VILLAGE fordouood.meg.w+si MAP 3310 HARBOR PARK uponth1sss MAP 1681 - IHUM LANGS - POP Trc 232 237 - PUS 506 r- ', TENTATIVE TRACT MAP CHECK LIST PROJECT NUMBER 62./i 1. 15 tentative map - 2. 1 site plan 3. 1 location map 4. EIA & $175 5. PFF Agreement (2) $25 t._- 6. Disclosure 7. Owner's list & labels (2) + postage 8. 600 ft. radius map Iz 9. School fees or dedication 10. School fees avail, letter 11. Proof of sewer/water 12. Colored site & elevation plan 4 /"24/J1/ &"t 13. Waive time limits 14. Constraints map 15. Traffic volume map DATE //7/7 SIGNATURE