Loading...
HomeMy WebLinkAboutCT 88-03; ARROYO LA COSTA; Tentative Map (CT) (2),~ • City of Carlsbad Fee $530.00 (1-25 lots or units) 2075 Las Palmas Drive Carlsbad, CA 92009 (619) 438-1161 $765.00 (26-1 00 lots or units) $1,310.00 (100 + lots or units) PLANNING DEPARTMENT TENTATIVE TRACT MAP Complete Description of Project (attach additional sheets if necessary) THE PROPOSED SUBDIVISION OF APPROX. 429 ACRES TO CREATE A SINGLE FAMILY SUBDIVISION OF 962 UNITS. THE PROPOSED SUBDIVISION ALSO INCLUDES BOTH ELEMENTARY AND JUNIOR HIGH SCHOOL SITES AS WELL AS A RECREATION CENTER SITE. LARGE AMOUNTS OF OPEN SPACE AMENITIES ARE ALSO r-ocation of ProjectliNCLUDED AS PART OF THE PROJECT. VACANT PROPERTY LOCATED GENERALLY NORTH OF OLIVENHAIN OF LEVANTE STREET, AND EAST OF RANCHO SANTA FE ROAD. ROAD, WEST OF EL CAMINO REAL, SOUTH CT 85-6 . CT 85-27 r-egal Description (complete) SEE "ATTACHMENT 'A' " . c::<. / to -3 ,;).6 -/3 ,-oca I Faci Ii ty Management Zone Assessors Parcel Number ZONE 12 SEE "ATTACHMENT 'B' " . Zone General Plan Existing Land Use PC OS ,RLM .. RM~SHM E J. TS. VACANT. Proposed Zone Proposed General Plan Site Acreage --------_ ..... _--------APPROX. 429 ACRES. Owner Applicant Name (Print or Type) Name (Print or Type) THE LA COSTA RANCH COMPANY SAME Mailing Address Mailing Address P.O. BOX 9000-266 SAME r---ity and State Zip Telephone City and State Zip Telephone CARL S BAD,~ CA 92008 (619) 931-8747 SAME I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE OWNER'S AND THAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND THAT ALL IS TRUE AND CORRECT TO THE BEST OF THE ABOVE INFORMATION IS TRUE MY KNOWLEDGE. AND CORRECT TO THE BEST OF MY KNOWLEDGE. S I G!.!;:/R E DATE SIGNATURE DATE It.d..~ '1-1-8d Date Application Rec'd Received By Fees Received Receipt No. 1-~f~~ m ~ \~ --t\--o(}Jf5 <iS10 oS" PROJECT NUMBER (5) U 8!~3 -~ J Form No.1 068-1 (6/8?) Exhibit A to Preliminary Report Preliminary Report First American Title Insurance Company / 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 by a public agency which may result in taxes or assessments, or notices of such proceedings, whetheror not shown by the records of such agency orby the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection ofthe land or by making inquiry of 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 not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, 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 owner for 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 ora change in the dlmensionsorareaofthe land orany parcel of which the land is orwas a part, whether or not shown by the public records at 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 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 or damage to the insured claimant; (d) attaching or created subsequentto Date of Policy; or (e) resulting in loss ordamagewhich would not have been sustained ifthe 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 tothe 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 priortothe 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 by the 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 heretofore or hereafter furnished, imposed by law and not shown by the public records. ., • ... ~ ). ' • ... 1.... yd'! if 15 1'it,.' ,"'(ftt Sf 'no g tt"xtt. W ¥ tOt'bbJ!tf' I Me rU"J roc'_'3Q}'M ....... /s .hlP'. ') t"'iitc n wtGw'1tce trtrOd t 15'8 '1',,0 M .... OW? tf'idMf'd 'e',! tiM'! '(Jeee '8·ti',Wtfr:&iew .... ~rH· aew 1,1 •• 'Ott .. it r' rt' $t'W!rI to"'" .l 4. AMERICAN LAND TITLE A~SOCIAIION LOAN POLICY -1970 WITH A.L.T.~DORSEMENT ~ORM 1 COVE~AGE (~ME.D 10-17-70) S~i;HEDULE OF EXCLUSIONS FROM COVERAGl::. 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 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 priorto the date such Insured claimant became an insured hereunder; (c) resulting in no loss ordamagetothe insured claimant; (d) attaching or created subsequent to Date of Policy(exceptto the extent Insurance is afforded herein as to any statutory lien for laboror material orto the extent insurance is afforded herein as to assessments for street improvements underconstruc- tion or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because offailure of the insured at Date of Policy orof any subsequent owner of the indebtedness to com ply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN 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 8 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, orclaimswhich are not shown by the public records but which could be ascertained byan inspection of said land orbymaking inquiryofper- 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 ordamage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental 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) a separation in ownership or a change in the dimensions orarea of the land orany parcel of which the land is orwas a part; 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 ora 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) Anygovernmental police power not excluded by (a) above, excepttothe extent that a notice of the exercise thereof or a 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. 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 any taking 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 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(exceptto the extentthatthis policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or 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. Unenforceabilityofthe lien of the insured mortgage because of the inabilityorfailure of the insured at Date of Policy, or the inabilityorfailure of any subsequent 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 by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials(orthe claim of priority of any statutory lien for services, labor or materials overthe lien of the insured mortgage) aris- ing from an improvement orwork related to the land which is contracted for and commenced subsequent to Date of Policy and 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 -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. Any facts, rights, interests, or claims which are not shown by the 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. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -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) 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) a separation in ownership or a change in the dimensions or area of the land orany parcel of which the land is orwas a part; of (iv) environmental protection, orthe effect of any violation of these laws, ordinances or governmental regulations, except to the extentthat a notice of the enforcement thereof or a 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 a 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. 2. Rights of eminent domain unless notice ofthe exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking 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 tothe 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 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 (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 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. Any facts, rights, interests, or claims which are not shown by the 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 theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1987 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 or violation 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 apply to violations or the enforcement of these matters which appear in the public records at Policy Date. 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. 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 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. 5. Failure to pay value for your title. Lack of a right: .'. •• • to any land outside the ar cifically described and referred to in Item 3 ot'Sch . A. or .. ". In streets, alleys, or wate hat touch:1our lan&. l This exclusion does not limit the access coverage in Item 5 of Covered Title F\rsks. . 'f 40 1',« ~ ""," •• &0%1 _~ ... -9>.~·..a:'i!Ol.'L~~,,~"f-'1r:'fr?'h"dM¢K.wq;fMreH·df¥·? -'x H'~M:rt:b rrliRiii4l;'j""'ii"'~&alMr,OfF£tt-r HdttWOVn-!."'¥fe'IlA' G'T-);nt.·" .. n~.: • • ORDER NO. 960468-14 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 JUNE 10, 1988 LA COSTA RANCH COMPANY 6670 EL CAMINO REAL CARLSBAD, CALIFORNIA ATTN: ROSS MC DONALD OUR ORDER NO. 960468-14 (619) 238-1776 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 EXCEPl'ION 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 SET FORTH 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 TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF JUNE 7, 1988 AT 7:30 A.M. PAGE 1 3 • • • ORDER NO. 960468-14 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: PRELIMINARY TITLE REPORT TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: BCE DEVELOPMENT, INC., A DELAWARE CORPORATION, FORMERLY KNOWN AS DAON CORPORATION, A DELAWARE CORPORATION, SUCCESSOR BY MERGER TO LA COSTA COMPANY, AN ILLINOIS CORPORATION 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) 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 1988-89, ALIEN, NOT YET PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. 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. 4. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NO. 454 ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURvEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED JANUARY 21, 1930 IN BOOK 1737, PAGE 4 OF DEEDS AFFECTS PARCELS D AND E. PAGE 2 A M ErR! C -1 -" ~ -~ r • • ORDER NO. 960468-14 5. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NO. 369 ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED JULY 14, 1931 IN BOOK 14, PAGE 63 OF OFFICIAL RECORDS. AFFECTS PARCELS A AND B. 6. THE RIGHTS OF THE PUBLIC TO USE A PUBLIC HIGHWAY; THOSE PORTIONS OF SECTION 2 THAT LIE WITHIN OLD SURVEY 35 AS SHOWN UPON THE ORIGINAL RECORDS IN THE COUNTY SURVEYOR'S OFFICE OF SAN DIEGO COUNTY. AFFECTS PARCEL A. 7. AN EASEMENT FOR PUBLIC ROAD AND INCIDENTAL. PURPOSES IN FAVOR OF THE COUNTY OF SAN DIEGO, RECORDED JANUARY 21, 1930 IN BOOK 1737, PAGE 4 OF DEEDS, LOCATED WITHIN SAID ROAD TO BE 60 FEET IN WIDTH OVER ROAD SURVEY NO. 454. AFFECTS PARCEL C. 8. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED NOVEMBER 17, 1948 IN BOOK 3019, PAGE 384 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF LOT 10 OF RANCHO LAS ENCINITAS, DISTANT THEREON 23.62 FEET NORTHERLY FROM THE SOUTHWEST CORNER THEREOF; THENCE FROM SAID POINT OF BEGINNING NORTH 87°00' EAST 1043.02 FEET; THENCE SOUTH 4°11' WEST TO THE SOUTH LINE OF SAID LOT 10. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL D AND E. 9. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED DECEMBER 23, 1948 IN BOOK 3059, PAGE 321 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL A. PAGE 3 • • ORDER NO. 960468-14 10. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NO. 682 ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED FEBRUARY 6, 1950 IN BOOK 3485, PAGE 208 AND MARCH 9, 1951 IN BOOK 4031, PAGE 440, BOTH OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. AFFECTS PARCELS A AND B. 11. AN EASEMENT FOR PUBLIC ROAD PURPOSES AND INCIDENTAL PURPOSES IN FAVOR OF THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 28, 1950 IN BOOK 3518, PAGE 221 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 60 FEET WIDE, FOR A PUBLIC HIGHWAY OVER AND ACROSS THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 2. SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. AFFECTS PARCELS A AND B. 12. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED APRIL 19, 1954 IN BOOK 5208, PAGE 399 AND APRIL 19, 1954 IN,BOOK 5208, PAGE 403, BOTH OF OFFICIAL RECORDS, LOCATED WITHIN A PORTION OF PARCEL C. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 13. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NO. 454-A ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED MAY 4, 1954 IN BOOK 5226, PAGE 582 OF OFFICIAL RECORDS. AFFECTS PARCELS D AND E. 14. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED MARCH 21, 1957 IN BOOK 6504, PAGE 206 AND MARCH 21, 1957 IN BOOK 6586, PAGE 193, BOTH OF OFFICIAL RECORDS, LOCATED WITHIN AN AREA 150 FEET IN WIDTH. PAGE 4 • • ORDER NO. 960468-14 BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID SECTION 35, DISTANT THEREON 1977.99 FEET EASTERLY FROM THE NORTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 24 ° 59' 39" EAST I A DISTANCE OF 4122.95 FEET; THENCE SOUTH 20°52'09", A DISTANCE OF 1716.18 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 35; DISTANT THEREON 944.63 FEET WESTERLY FROM THE SOUTHEAST CORNER OF SAID SECTION 35; THENCE CONTINUING SOUTH 20°52'09" EAST, A DISTANCE OF 959.06 FEET; THENCE SOUTH 13°34'02" EAST, A DISTANCE OF 1409.32 FEET TO A POINT ON THE NORTHERLY LINE OF SAID RANCHO LAS ENCINITAS, DISTANT THEREON 279.60 FEET EASTERLY FROM THE NORTHWEST CORNER OF SAID RANCHO LAS ENCINITAS; THENCE CONTINUING SOUTH 13°34'02" EAST, A DISTANCE OF 1873.84 FEET TO A POINT WHICH IS 50 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTHWESTERLY LINE OF SAID RANCHO LAS ENCINITAS; THENCE SOUTH 20° 33 ' 37" EAST ALONG A LINE THAT IS PARALLEL WITH AND 50 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM SAID SOUTHWESTERLY LINE OF SAID RANCHO LAS ENCINITAS, A DISTANCE OF 12294.52 FEET; THENCE SOUTH 0°22'23" WEST, A DISTANCE OF 139.95 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID RANCHO LAS ENCINITAS, DISTANT THEREON 4015.45 FEET NORTHWESTERLY FROM THE MOST SOUTHERLY CORNER OF SAID RANCHO LAS ENCINITAS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCELS A AND B. 15. AN EASEMENT FOR GAS PIPE LINES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED MARCH 2, 1960 AS FILE NO. 42870 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THE SOUTHWESTERLY AND WESTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 10 FEET SOUTHWESTERLY AND WESTERLY MEASURED AT RIGHT ANGLES AND THE NORTHEASTERLY AND EASTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 20 FEET NORTHEASTERLY AND EASTERLY MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE NORTHERLY BOUNDARY LINE OF RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DISTANT THEREON NORTH 76 ° 00' 37" EAST, 182.16 FEET FROM THE NORTHWEST CORNER OF SAID RANCHO LAS ENCINITAS; THENCE FROM SAID POINT OF BEGINNING; THENCE SOUTH 36°36'15" EAST, A DISTANCE OF 309.99 FEET. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL A. PAGE 5 7 • • ORDER NO. 960468-14 16. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NO. 1631 ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED AUGUST 25, 1961 AS FILE NO. 149167 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. AFFECTS PARCEL A. 17. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NO. 682-A, PARCELS 61224 AND 61924 ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED SEPTEMBER 28, 1961 AS FILE NO. 169289 OF OFFICIAL RECORDS. 18. NOTE: PORTION OF SAID ROAD VACATED BY DOCUMENT RECORDED MARCH 13, 1964 AS FILE NO. 47558 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. AFFECTS PARCEL A. AN EASEMENT FOR PIPE LINES, INCIDENTAL PURPOSES IN FAVOR CORPORATION, RECORDED MAY 27, RECORDS, DESCRIBED AS FOLLOWS: PARCEL 1 RIGHT OF WAY VALVES, CATHODIC PROTECTION AND OF SAN DIEGO PIPELINE COMPANY, A 1963 AS FILE NO. 92151 OF OFFICIAL THE BOUNDARIES OF SAID 10 FOOT EASEMENT SHALL BE 5 FEET EASTERLY AND NORTHEASTERLY WHEN MEASURED AT RIGHT ANGLES AND 5 FEET WESTERLY AND SOUTHWESTERLY WHEN MEASURED AT RIGHT ANGLES FROM A CENTER LINE WHICH LIES 25 FEET EASTERLY AND NORTHEASTERLY WHEN MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE NORTHERLY BOUNDARY LINE OF RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, DISTANT THEREON NORTH 76°00'37" EAST 182.16 FEET FROM THE NORTHWEST CORNER OF SAID RANCHO LAS ENCINITAS; THENCE FROM SAID POINT OF BEGINNING NORTH 36 ° 36' 15" WEST, A DISTANCE OF 250 FEET, MORE OR LESS, TO THE CENTER LINE OF COUNTY ROAD SURVEY NO. 682. PAGE 6 8 • • ORDER NO. 960468-14 ALSO: BEGINNING AT SAID POINT OF BEGINNING; THENCE SOUTH 36°36'15" EAST, A DISTANCE OF 309.99 FEET. PARCEL 2 RIGHT OF WAY AN EASEMENT 10 FEET IN WIDTH, THE WESTERLY BOUNDARY OF WHICH LIES 100 FEET WHEN MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, DISTANT THEREON 1977.99 FEET EASTERLY FROM THE NORTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 24 ° 59' 39", A DISTANCE OF 4122.95 FEET; THENCE SOUTH 20°52'09" EAST, A DISTANCE OF 1716.18 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 35, DISTANT THEREON 944.63 FEET WESTERLY FROM THE SOUTHEAST CORNER OF SAID SECTION 3 5; THENCE CONTINUING SOUTH 2 0 ° 52 ' 09" EAST, A DISTANCE OF 959.06 FEET; THENCE SOUTH 13°34'02" EAST, A DISTANCE OF 1409.32 FEET TO A POINT ON THE NORTHERLY LINE OF SAID RANCHO LAS ENCINITAS, DISTANT THEREON 279.60 FEET EASTERLY FROM THE NORTHWEST CORNER OF SAID RANCHO LAS ENCINITAS; THENCE CONTINUING SOUTH 13 ° 34' 02" EAST, A DISTANCE OF 1773.84 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 13°34'02" EAST, A DISTANCE OF 100 FEET TO A POINT WHICH IS 50 FEET EASTERLY WHEN MEASURED AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF SAID RANCHO LAS ENCINITAS; THENCE SOUTH 20°33'37" EAST, A DISTANCE OF 100 FEET TO A POINT WHICH IS THE TERMINATION OF THIS DESCRIPTION. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL A. 19. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED AUGUST 30, 1963 AS FILE NO. 155970 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 12 FEET IN WIDTH, THE CENTER LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID RANCHO LAS ENCINITAS; THENCE SOUTH 20° 30 ' 30" EAST, ALONG THE WESTERLY LINE THEREOF 2776.85 FEET; THENCE NORTH 87 ° 03' 30" EAST, 504.21 FEET; THENCE NORTH 7°39'45" WEST, 96.27 FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTER LINE OF RIGHT OF WAY; THENCE FROM SAID TRUE POINT OF BEGINNING, CONTINUING NORTH 7°39'45" WEST 1448.11 FEET. ALSO: BEGINNING AT SAID TRUE POINT OF BEGINNING; THENCE SOUTH 47°12'30" EAST 95.50 FEET. PAGE 7 • ORDER NO. 960468-14 SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY." REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL A. 20. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 6269, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 21. AN EASEMENT FOR A PIPE LINE OR PIPE LINES AND INCIDENTAL PURPOSES IN FAVOR OF OLIVENHAIN MUNICIPAL WATER DISTRICT, RECORDED JUNE 12, 1964 AS FILE NO. 106491 OF OFFICIAL RECORDS, LOCATED WITHIN THE NORTHERLY 20 FEET OF SECTIONS 1 AND 2 OF HEREIN DESCRIBED LAND. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCELS A AND B. 22. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED NOVEMBER 15, 1966 AS FILE NO. 180492 OF OFFICIAL RECORDS, LOCATED WITHIN THE SOUTHERLY 650.00 FEET OF THE WESTERLY 6.00 FEET OF THAT PORTION OF LOT 10 HEREIN DESCRIBED •. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCELS D AND E. 23. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF.THE RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID RIGHT OF WAY AS GRANTED IN DEED RECORDED FEBRUARY 16, 1967 AS FILE NOS. 21426 AND 21427 BOTH OF OFFICIAL RECORDS. AFFECTS PARCELS C, D AND E. 24. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID RIGHT OF WAY AS GRANTED IN DEED RECORDED NOVEMBER 28, 1969 AS FILE NO. 217326 OF OFFICIAL RECORDS. AFFECTS PARCELS A AND B. PAGE 8 II) • ORDER NO. 960468-14 25. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID RIGHT OF WAY AS GRANTED IN DEED RECORDED FEBRUARY 16, 1970 AS FILE NO. 27777 OF OFFICIAL RECORDS. AFFECTS PARCELS A AND B. 26. AN EASEMENT FOR A PIPE LINE OR PIPE LINES AND INCIDENTAL PURPOSES IN FAVOR OF OLlVENHAIN MUNICIPAL WATER DISTRICT, RECORDED MARCH 26, 1970 AS FILE NO. 52512 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: . A STRIP OF LAND 20.00 FEET OF EVEN WIDTH SITUATED WITHIN SAID SECTION 2, THE SOUTHEASTERLY LINE OF SAID 20.00 FOOT WIDE STRIP OF LAND BEING THOSE CERTAIN TWO COURSES IN THE SOUTHEASTERLY BOUNDARY OF THE LANDS FIRST ABOVE DESCRIBED WHICH ARE DESIGNATED AS "NORTH 56°30'28" EAST 1100.78 FEET" AND "NORTH 68°25'31" EAST 1851.09 FEET". THE NORTHWESTERLY LINE OF THE 20.00 FOOT WIDE STRIP OF LAND DESCRIBED IN PARCEL 1 THEREIN SHALL BE PROLONGED OR SHORTENED AS NECESSARY SO AS TO TERMINATE ON THE SOUTHWEST IN SAID EASTERLY LINE OF SAID COUNTY ROAD SURVEY NO. 1800-1, AND TO TERMINATE ON THE NORTHEAST IN THE NORTHERLY LINE OF SAID SECTION 2. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCELS A AND B. 27. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED FEBRUARY 25, 1971 AS FILE NO. 36278 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THE SAID EASEMENT AND RIGHT OF WAY SHALL BE 8.00 FEET IN WIDTH, BEING 4.00 FEET MEASURED RIGHT ANGLES, ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE SOUTH 0 ° 30' 22" EAST ALONG THE NORTH-SOUTH CENTER LINE OF SAID SECTION 2, A DISTANCE OF 1617.60 FEET; THENCE LEAVING SAID NORTH- SOUTH CENTER LINE SOUTH 36°48'00" EAST, 908.15 FEET; THENCE SOUTH 10°07'52" EAST, 25.00 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED, SAID TRUE POINT OF BEGINNING BEING ALSO A POINT OF CUSP WITH A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 28.56 FEET; THENCE FROM SAID TRUE POINT OF BEGINNING, NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG THE ARC OF PAGE 9 1/ A M E j~ 1 C -1 1--• • '" ORDER NO. 960468-14 SAID CURVE THROUGH A CENTRAL ANGLE OF 82 ° 24' 00", A DISTANCE OF 41.04 FEET; THENCE NORTH 72°16'08" EAST, 64.57 FEET; THENCE NORTH 81°18'24" EAST, 31.83 FEET. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL A. 28. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED OCTOBER 29, 1971 AS FILE NO. 251349 OF . OFFICIAL RECORDS, LOCATED WITHIN THE SOUTHERLY 4.00 FEET OF A PORTION OF SAID LAND. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL E. 29. A DEDICATION TO AND ACCEPTANCE BY THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT OF THE DRAINAGE EASEMENTS, ALL AS SHOWN ON THE MAP NO. 7205. AFFECTS PARCEL F. 30. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, IN AN INSTRUMENT RECORDED MAY 11, 1972 AS FILE NO. 119091 OF OFFICIAL RECORDS. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. AFFECTS PARCEL F. 31. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 7624, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 32. AN EASEMENT FOR PIPE LINES AND INCIDENTAL PURPOSES IN FAVOR OF OLIVENHAIN MUNICIPAL WATER DISTRICT, RECORDED SEPTEMBER 28, 1972 AS FILE NO. 260677 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: SAID EASEMENT AND RIGHT OF WAY IS PARTICULARLY DESCRIBED AS FOLLOWS: PAGE 10 • • ORDER NO. 960468-14 AN EASEMENT, RIGHT AND PRIVILEGE TO SPILL WATER OVER AND ACROSS THOSE PORTIONS OF THE LANDS·OF THE GRANTOR HEREIN SITUATED WITHIN SECTION 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, AND LOT 4 OF RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, ALL IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID EASEMENT, RIGHT AND PRIVILEGE TO SPILL WATER HEREBY GRANTED SHALL BE FROM THE POINTS DESCRIBED AS POINT "B" AND POINT "c" AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LA COSTA SOUTH UNIT NO.7, ACCORDING TO MAP THEREOF NO. 6612, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 31, 1970. SAID POINT OF COMMENCEMENT BEING ALSO THE SOUTHWEST CORNER OF SAID SECTION 31; THENCE ALONG THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LA COSTA SOUTH UNIT NO.7, SOUTH 89°17'26" EAST 10.00 FEET; THENCE PARALLEL WITH THE EASTERLY LINE OF SAID LA COSTA SOUTH UNIT NO.7, NORTH 0°10'00" WEST 150.02 FEET; THENCE SOUTH 89°17'26" EAST 566.05 FEET TO THE BEGINNING OF A TANGENT 2010.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 31 ° 42 ' 34", A DISTANCE OF 1112. 40 FEET; THENCE TANGENT TO SAID CURVE NORTH 59 ° 00' 00" EAST 437.60 FEET TO A POINT IN THE ARC OF 790.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH .58°16'29" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19°26'26", A DISTANCE OF 268.05 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 51°09'57" EAST 71.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE NORTH 38°50'03" EAST, 393.89 FEET TO THE BEGINNING OF A TANGENT 1500.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7 ° 19 ' 57", A DISTANCE OF 191. 96 FEET; THENCE TANGENT TO SAID CURVE NORTH 46°10'00" EAST 323.70 FEET; THENCE AT RIGHT ANGLES, SOUTH 43°50'00" EAST, 53.45 FEET TO THE HEREINBEFORE MENTIONED POINT "B"; THENCE RETRACING THE LAST FOUR COURSES TO THE POINT DESIGNATED ABOVE AS POINT "A"; THENCE SOUTH 38°50'03" WEST 383.97 FEET TO THE BEGINNING OF A TANGENT 1500.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 23 0 56 '10", A DISTANCE OF 626.65 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 14 0 53' 53" WEST 341.51 FEET TO THE HEREINBEFORE MENTIONED POINT "c" REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL C. PAGE 11 I~ • • ORDER NO. 960468-14 33. AN EASEMENT FOR PUBLIC STREET AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY' OF CARLSBAD, RECORDED APRIL 25, 1974 AS FILE NO. 74-105621 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: ALL THAT PORTION OF THE EAST ONE HALF OF SECTION 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 31; THENCE NORTH 89°43'11" EAST ALONG THE NORTH LINE OF SAID SECTION 31, A DISTANCE OF 1993.40 FEET TO AN INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF THAT CERTAIN 200.00 FOOT PARCEL OF LAND DEEDED TO THE SAN DIEGO GAS AND ELECTRIC COMPANY, BY DEED RECORDED APRIL 19, 1954 IN BOOK 5208, PAGE 399 OF OFFICIAL RECORDS; THENCE SOUTH 64°13'23" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 3290.99 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING NORTH 64 ° 13' 23" WEST 71.29 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE NORTH 31 ° 00' 00" EAST, A DISTANCE OF 9.32 FEET TO THE BEGINNING OF A TANGENT 1051.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°35' 23", A DISTANCE OF 194.25 FEET; THENCE NORTH 41°35'23" EAST, A DISTANCE OF 106.22 FEET TO THE BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°45'07", A DISTANCE OF 259.20 FEET TO A POINT OF CUSP WITH THE WESTERLY RIGHT OF WAY LINE OF ROAD SURVEY NO. 454, KNOWN AS RANCHO SANTA FE ROAD, FILED IN THE OFFICE OF THE COUNTY ENGINEER OF SAID SAN DIEGO COUNTY; THENCE SOUTH 16°50'16" WEST ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 74.40 FEET TO THE BEGINNING OF A TANGENT 1030.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15 ° 34 ' 59" A DISTANCE OF 280.14 FEET TO A POINT OF CUSP WITH A 31.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 88°44'43" EAST; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE AND NORTHWESTERLY ALONG THE ARC OF SAID 31.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 137 ° 35' 17", A DISTANCE OF 74.44 FEET TO A POINT OF COMPOUND CURVATURE WITH A 980.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 46°20'00" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID 980.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 12°40'00", A DISTANCE OF 216.65 FEET; THENCE TANGENT TO SAID CURVE SOUTH 31°00'00" WEST, A DISTANCE OF 2.83 FEET TO THE TRUE POINT OF BEGINNING REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL C. PAGE 12 /f • • ORDER NO. 960468-14 34. AN EASEMENT FOR A DRAINAGE CHANNEL AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1, RECORDED MAY 14, 1974 AS FILE NO. 74-126972 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THOSE PORTIONS OF SECTION 31, TOWNSHIP 12 SOUTH, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY STATE OF CALIFORNIA, ACCORDING TO OFFICIAL DESCRIBED AS FOLLOWS: PARCEL 74-0548 A RANGE 4 WEST, OF SAN DIEGO, PLAT THEREOF, COMMENCING AT THE NORTHEAST CORNER OF LOT 290 OF LA COSTA VALE UNIT NO.2, ACCORDING TO MAP THEREOF NO. 7779, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID NORTHEAST CORNER BEING ON THE ARC OF A 780.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 59°29'38" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08 ° 59' 38", A DISTANCE OF 122.44 FEET; THENCE NORTH 39°30'00" EAST, A DISTANCE OF 153.51 FEET TO THE BEGINNING OF A TANGENT 455.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 68°24'44", A DISTANCE OF 543.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE ARC OF SAID 455.00 FOOT RADIUS CURVE ALONG A NON-TANGENT LINE NORTH 18°32 '31" EAST, A DISTANCE OF 12.14 FEET; THENCE SOUTH 73 ° 00' 00" EAST, A DISTANCE OF 214.15 FEET; THENCE NORTH 50°00'00" EAST, A DISTANCE OF 127.28 FEET; THENCE NORTH 40°00'00" WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH 50°00'00" EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 40 ° 00 ' 00" EAST, A DISTANCE OF 40 • 00 FEET; THENCE SOUTH 50°00'00" WEST, A DISTANCE OF 162.71 FEET; THENCE NORTH 73°00'00" WEST, A DISTANCE OF 209. 85 FEET; THENCE SOUTH 18 ° 32 ' 31" WEST, A DISTANCE OF 2 • 41 FEET TO A POINT IN THE ARC OF THE ABOVE MENTIONED 455.00 FOOT RADIUS CURVE, A RADIAL LINE TO SAID POINT BEARS NORTH 19°10'18" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°15'34", A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 74-0548 B A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST EASTERLY CORNER OF LA COSTA VALE UNIT NO. 1 ACCORDING TO MAP THEREOF NO. 7457, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN "DIEGO COUNTY, SAID CORNER BEING A POINT IN THE WESTERLY RIGHT OF WAY OF LINE OF ROAD SURVEY NO. 454, KNOWN AS RANCHO SANTA FE ROAD, A PLAT OF WHICH IS FILED IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY, AND A POINT IN THE ARC OF PAGE 13 • • ORDER NO. 960468-14 A 1230. 00 FOOT RADIUS CURVE , CONCAVE SOUTHEASTERLY AS SHOWN ON SAID MAP NO. 7457, A RADIAL LINE TO SAID POINT BEARS NORTH 51°54'0811 WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY RIGHT OF WAY LINE, THROUGH A CENTRAL ANGLE OF 14 ° 34' 4611 , A DISTANCE OF 312.99 FEET; THENCE LEAVING SAID CURVE AND SAID WESTERLY RIGHT OF WAY NORTH 38°50'0311 EAST ALONG A NON- TANGENT LINE, A DISTANCE OF 31.80 FEET TO THE BEGINNING OF A TANGENT 1480.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°19'57 11 , A DISTANCE OF 189.40 FEET; THENCE NORTH 46°10'00" EAST, A DISTANCE OF 567.01 FEET TO A POINT HEREIN DESIGNATED AS POINT "All, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 43°50'0011 EAST, A DISTANCE OF 30.00 FEET TO A POINT OF TERMINUS. PARCEL 74-0548 C COMMENCING AT A POINT DESIGNATED AS POINT "A" IN SAID PARCEL 74-0548 B; THENCE NORTH 46°10'00" EAST, A DISTANCE OF 956.29 FEET TO THE BEGINNING OF TANGENT 1520.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°14'3511 , A DISTANCE OF 6.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHEASTERLY ALONG THE ARC OF SAID 1520.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 13°11'35" A DISTANCE OF 350.00 FEET TO A POINT ON THE ARC OF SAID CURVE; THENCE LEAVING SAID CURVE SOUTH 57°16'10" EAST ALONG THE PROLONGATION OF A RADIAL LINE TO SAID POINT II A", A DISTANCE OF 31.00 FEET TO A POINT IN THE ARC OF A CONCENTRIC 1551.00 FOOT RADIUS CURVE; THENCE SOUTHWESTERLY ALO~ THE ARC OF SAID 1551.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE 'OF 13 ° 11' 35", A DISTANCE OF 357.14 FEET TO A POINT ON THE ARC OF SAID CURVE; THENCE LEAVING SAID CURVE NORTH 44°-04' 35" WEST ALONG A RADIAL LINE TO SAID POINT, A DISTANCE OF 31.00 FEET TO THE TRUE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL C. 35. AN EASEMENT FOR PUBLIC HIGHWAY PURPOSES AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED DECEMBER 19, 1974 AS FILE NO. 74-329686 OF OFFICIAL RECORDS, LOCATED WITHIN A 46 FOOT STRIP OF LAND IN PARCEL 1. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL A. PAGE 14 I~ • ORDER NO. 960468-14 36. AN EASEMENT FOR DRAINAGE CHANNEL AND ALL STRUCTURES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1, RECORDED JANUARY 8, 1975 AS FILE NO. 75-004660 OF OFFICIAL RECORDS, LOCATED WITHIN PARCEL A. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL A. 37. AN EASEMENT FOR A PIPE LINE OR PIPE LINES AND INCIDENTAL PURPOSES IN FAVOR OF OLIVENHAIN MUNICIPAL WATER DISTRICT, RECORDED JANUARY 22, 1975 AS FILE NO. 75-015594 OF OFFICIAL RECORDS, LOCATED WITHIN PARCEL A. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL A. 38. AN EASEMENT FOR OPEN SPACE AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD, RECORDED JANUARY 27, 1975 AS FILE NO. 75-018492 OF OFFICIAL RECORDS, LOCATED WITHIN PARCEL C. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 39. AN EASEMENT FOR A SEWER PIPE LINE AND PIPE LINES AND INCIDENTAL PURPOSES IN FAVOR OF LEUCADIA COUNTY WATER DISTRICT, RECORDED APRIL 7, 1975 AS FILE NO. 75-078931 OF OFFICIAL RECORDS, LOCATED WITHIN PARCEL C. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 40. AN EASEMENT FOR AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL AND STRUCTURES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1, RECORDED JANUARY 13, 1977 AS FILE NO. 77-014212 OF OFFICIAL RECORDS, LOCATED WITHIN A PORTION OF PARCEL C. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 41. AN EASEMENT FOR PUBLIC ROAD AND SLOPE RIGHT PURPOSES AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED JULY 14, 1977 AS FILE NO. 77-281161 OF OFFICIAL RECORDS, LOCATED WITHIN A PORTION OF PARCELS D AND E. SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 15 17 • • ORDER NO. 960468-14 42. AN EASEMENT FOR FLOOD DRAINAGE CHANNEL AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1, RECORDED OCTOBER 22, 1980 AS FILE NO. 80-350521 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PORTIONS OF LOTS 4, 5, 8 AND 9 OF THE RANCHO LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, TOGETHER WITH THAT PORTION OF FRACTIONAL SECTION 6, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN SAID COUNTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCELS D AND E. 43. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 8734, WHICH SETS FORTH j OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 44. A DEED OF TRUST FOR THE PURPOSE OF SECURING PERFORMANCE OF THAT CERTAIN AGREEMENT DATED (NONE SHOWN), RECORDED MARCH 10, 1981 AS FILE NO. 81-072862 OF OFFICIAL RECORDS. DATED: MARCH 10, 1981 TRUSTOR: LA COSTA LAND COMPANY TRUSTEE: TITLE INSURANCE AND TRUST COMPANY BENEFICIARY: THE TRUSTEES OF THE CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND A MODIFICATION OF THE CONSOLIDATED DEED OF TRUST WAS DATED FEBRUARY 28, 1983 AND EXECUTED BY DAON CORPORATION, ET AL, AND WAS RECORDED FEBRUARY 28, 1983 AS FILE NO. 83-063017 OF OFFICIAL RECORDS. A SUPPLEMENT TO THE DEED OF TRUST DATED MARCH 16, 1983 EXECUTED BY DAON CORPORATION, A DELAWARE CORPORATION, AS THE SUCCESSOR IN INTEREST TO THE TRUSTOR LA COSTA LAND COMPANY IN FAVOR OF THE TRUSTEES OF CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, WAS RECORDED MARCH 30, 1983 AS FILE NO. 83-100780 OF OFFICIAL RECORDS. SECOND MODIFICATION TO CONSOLIDATED DEED OF TRUST, DATED NOVEMBER 10, 1983, EXECUTED BY DAON CORPORATION, A DELAWARE CORPORATION AND THE TRUSTEES OF THE CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, RECORDED NOVEMBER 10, 1983 AS FILE NO. 83-409715 OF OFFICIAL RECORDS. PAGE 16 IS • • ORDER NO. 960468-14 THIRD MODIFICATION TO CONSOLIDATED DEED OF TRUST, DATED MAY 1, 1986, EXECUTED BY BCE DEVELOPMENT INC., A DELAWARE CORPORATION AND THE TRUSTEES OF THE CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, RECORDED JULY 7, 1986 AS FILE NO. 86-279043 OF OFFICIAL RECORDS. AN INSTRUMENT RECORDED NOVEMBER 25, 1986 AS FILE NO. 86-546327 OF OFFICIAL RECORDS SUBSTITUTES FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION AS TRUSTEE IN SAID DEED OF TRUST. THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO . DIXIE MORTGAGE COMPANY~ A DIVISION OF LANDMARK LAND COMPANY OF CALIFORNIA, INC., A DELAWARE CORPORATION BY ASSIGNMENT RECORDED NOVEMBER 25, 1986.AS FILE NO. 86-546328 OF OFFICIAL RECORDS. AN INSTRUMENT DATED NOVEMBER 24, 1986, RECORDED NOVEMBER 25, 1986 AS FILE NO. 86-546329 OF OFFICIAL RECORDS, EXECUTED BY DIXIE MORTGAGE COMPANY, A DIVISION OF LANDMARK LAND COMPANY OF CALIFORNIA, INC., A DELAWARE CORPORATION AND BCE DEVELOPMENT INC. (FORMERLY DAON CORPORATION, AS SUCCESSOR TO LA COSTA LAND COMPANY), A DELAWARE CORPORATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED. THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO DIXIE SAVINGS AND LOAN ASSOCIATION, A LOUISIANA CAPITAL STOCK SAVINGS AND LOAN ASSOCIATION BY MESNE ASSIGNMENTS OF RECORD. THE PRESENT INTEREST WAS ACQUIRED UNDER DOCUMENT RECORDED NOVEMBER 25, 1986 AS FILE NO. 86-546331 OF OFFICIAL RECORDS. AFFECTS PARCELS A THROUGH F WITH OTHER PROPERTY. 45. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $40,378,689.71, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED MARCH 10, 1981 AS FILE NO. 81-072863 OF OFFICIAL RECORDS. DATED: MARCH 10, 1981 TRUSTOR: LA COSTA LAND COMPANY TRUSTEE: TITLE INSURANCE AND TRUST COMPANY BENEFICIARY: RANCHO LA COSTA, INC., A NEVADA CORPORATION SAID DEED OF TRUST IS SUBJECT TO THE DEED OF TRUST SHOWN ABOVE. THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO ALLARD ROEN AND IRWIN A. MOLASKY, TRUSTEES UTA DATED JULY 6, 1981 BY ASSIGNMENT RECORDED JULY 14, 1981 AS FILE NO. 81-220822 OF OFFICIAL RECORDS. PAGE 17 • • ORDER NO. 960468-14 SAID DEED OF TRUST IS SUBORDINATE TO THE MODIFICATION OF DEED OF TRUST RECORDED FEBRUARY 28, 1983 AS FILE NO. 83-063017 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED FEBRUARY 28, 1983 AS FILE NO. 83-063016 OF OFFICIAL RECORDS. A SUPPLEMENT TO DEED OF TRUST DATED MARCH 16, 1983 EXECUTED BY DAON CORPORATION, A DELAWARE CORPORATION, SUCCESSOR IN INTEREST TO LA COSTA LAND COMPANY, AN ILLINOIS CORPORATION IN FAVOR OF RANCHO LA COSTA TRUST IN DISSOLUTION, SUCCESSOR TO INTEREST IN RANCHO LA COSTA, INC., A NEVADA CORPORATION AS RECORDED MARCH 30, 1983 AS FILE NO. 83-100781 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE SECOND MODIFICATION TO CONSOLIDATED DEED OF TRUST RECORDED NOVEMBER 10, 1983 AS FILE NO. 83-409715 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED NOVEMBER 10, 1983 AS FILE NO. 83-409713 OF OFFICIAL RECORDS. AFFECTS PARCELS A THROUGH F WITH OTHER PROPERTY. 46. A CERTIFICATE OF COMPLIANCE WAS RECORDED JULY 7, 1981 AS FILE NO. 81-213344 OF OFFICIAL RECORDS. AFFECTS PARCEL E. 47. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE, DATED JUNE 1, 1982, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: DAON CORPORATION AND THE CITY -OF CARLSBAD A MUNICIPAL CORPORATION. RECORDED: JUNE 16, 1982 AS FILE NO. 82-185683 OF OFFICIAL RECORDS. AFFECTS PARCEL E. 48. A CERTIFICATE OF COMPLIANCE WAS RECORDED JULY 2, 1981 AS FILE NO. 81-207276 OF OFFICIAL RECORDS. AFFECTS PARCEL E. 49. AN EASEMENT FOR A LINE OR LINES OF POLES OR CABLES OR CONDUITS (EARTH STATION, HEAD-END, ETC.), TOGETHER WITH ANTENNAE, CONDUCTORS, WIRES, VAULTS, MANHOLES, GUYS, ANCHORS AND APPURTENANT STRUCTURES AND EQUIPMENT, BOTH OVERHEAD AND UNDERGROUND AND INCIDENTAL PURPOSES IN FAVOR OF LA COSTA COMMUNITY ANTENNA SYSTEM, INC., A CALIFORNIA CORPORATION, RECORDED AUGUST 17, 1982 AS FILE NO. 82-254570 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PAGE 18 2.0 • • ORDER NO. 960468-14 A 20 FOOT STRIP OF LAND AS SHOWN ON RANCHO LA COSTA CABLE TV PLAT NO.1. SAID EASEMENT WAS CONVEYED TO DANIELS CABLEVISION, INC. , A DELAWARE CORPORATION, BY INSTRUMENTS RECORDED SEPTEMBER 19, 1986 AS FILE NOS. 86-412542 AND 86-412543, BOTH OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL A. 50. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE, DATED DECEMBER 15, 1982, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN~ EXECUTED BY AND BETWEEN: DAON CORPORATION AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: JANUARY 7, 1983 AS FILE NO. 83-006312 OF OFFICIAL RECORDS. AFFECTS PARCELS D AND E. 51. A CONDITIONAL CERTIFICATE OF COMPLIANCE WAS RECORDED MARCH 9, 1983 AS FILE NO. 83-075391 OF OFFICIAL RECORDS. SAID MATTERS AFFECTS: 255-031-08, 05/ 255-014-14, 255-030-09, 10, 11/ 255-022-01, 255-010-09, 18-19. AFFECTS PARCELS A THROUGH E. 52. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE I DATED JULY 7, 1983, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE ANDEN GROUP AND THE CITY OF CARLSBAD. RECORDED: AUGUST 3, 1983 AS FILE NO. 83-269196 OF OFFICIAL RECORDS. AFFECTS PARCELS A AND B. 53. AN UNRECORDED AGREEMENT TO SELL AND CONVEY SAID LAND, BY DAON CORPORATION TO THE ANDEN GROUP, AS DISCLOSED BY AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE, RECORDED AUGUST 3, 1983 AS FILE NO. 83-269196 OF OFFICIAL RECORDS. AFFECTS PARCELS A AND B. PAGE 19 • •• ORDER NO. 960468-14 54. AN AGREEMENT REGARDING MEMORANDUM OF OPTION, DATED NOVEMBER 10, 1983, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: DAON CORPORATION, A DELAWARE CORPORATION AND WERNER K. PAULUS. RECORDED: NOVEMBER 10, 1983 AS FILE NO. 83-409714 OF OFFICIAL RECORDS. SAID MATTER AFFECTS: A PARCEL OF LAND BEING A PORTION OF LOT 1, LOT 2 AND LOT 11 OF RANCHO LAS ENCINITAS MAP NO. 848, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF MAP NO. 8258 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA; THENCE ALONG THE WEST LINE THEREOF AND CONTINUING SOUTH ALONG THE WEST LINE OF MAP NO. 8145 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, TO A POINT ON THE SOUTH LINE OF SAID MAP NO. 848; THENCE WEST ALONG SAID SOUTH LINE TO THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 1, 686 FEET; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY SIDELINE OF THAT CERTAIN EASEMENT GRANTED TO SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED MAY 21, 1957 IN BOOK 6586, PAGE 193 OF OFFICIAL RECORDS OF SAID COUNTY TO A POINT THAT BEARS 90 0 FROM SAID EASEMENT LINE TO THE INTERSECTION OF SAID SOUTHWESTERLY LOT LINE OF LOT 1 WITH THE EASTERLY RIGHT OF WAY LINE OF EL CAMINO REAL ROAD SURVEY NO. 1800-1, ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE 350 FEET MORE OR LESS TO A POINT ON THE CENTER LINE OF PROPOSED MISSION ESTANCIA WEST AN 84.00 FOOT WIDE ROAD; THENCE EASTERLY ALONG SAID CENTER LINE 1300 FEET MORE OR LESS; THENCE LEAVING SAID CENTER LINE SOUTH 22 0 00' 00" EAST 530 FEET MORE OR LESS TO A POINT ON THE NORTH LINE OF SAID MAP NO. 8258; THENCE WEST ALONG SAID NORTH LINE 170 FEET MORE OR LESS TO THE POINT OF BEGINNING. A MEMORANDUM OF SECURITY AGREEMENT BY AND BETWEEN WERNER K. PAULUS AND BANK OF BRITISH COLUMBIA, A CANADIAN CHARTERED BANK, RECORDED APRIL 19, 1985 AS FILE NO. 85-135528 OF OFFICIAL RECORDS. AFFECTS PARCELS A AND B. PAGE 20 22 ORDER NO. 960468-14 55. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE, DATED DECEMBER 5, 1983, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: DAON CORPORATION, DEVELOPER-OWNER AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: JANUARY 23, 1984 AS FILE NO. 84-025423 OF OFFICIAL RECORDS. AFFECTS PARCELS A, B, 0 AND E. 56. A HOLD HARMLESS AGREEMENT REGARDING DRAINAGE, DATED FEBRUARY 17, '1984, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: DAON CORPORATION/THE ANDEN GROUP AND THE CITY OF CARLSBAD. RECORDED: FEBRUARY 28, 1984 AS FILE NO. 84-071962 OF OFFICIAL RECORDS. AFFECTS PARCELS D AND E. 57. AN EASEMENT FOR SEWER PIPELINE OR PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF LEUCADIA COUNTY WATER DISTRICT, RECORDED FEBRUARY 21, 1984 AS FILE NO. 84-062092 OF OFFICIAL RECORDS, LOCATED WITHIN LOT 10 OF RANCHO LOS ENCINITAS, AS PER MAP NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THAT CERTAIN COURSE IN THE CENTER LINE OF RANCHO SANTA FE ROAD, SHOWN AS "NORTH 38°24'16" EAST, 1083;64 FEET" ON MAP NO. 8059, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DISTANT THEREON ON A DIFFERENT BASIS OF BEARINGS SOUTH 38°24'20" WEST, 662.87 FEET FROM THE NORTHEASTERLY TERMINUS THEREOF; THENCE AT RIGHT ANGLES TO SAID CERTAIN COURSE NORTH 51°35'40" WEST 57.0 FEET TO A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 300.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°55'54" A DISTANCE OF 67.71 FEET; THENCE TANGENT TO SAID CURVE NORTH 64°31'34" WEST 100.00 FEET; THENCE AT RIGHT ANGLES SOUTH 25°28'26" WEST, 30.00 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 330.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 25°28'26" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4°05'11" A DISTANCE OF 23.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3 ° 40' 41" A DISTANCE OF 21. 18 FEET; THENCE NON- TANGENT TO SAID CURVE SOUTH 41°10'00" WEST 131.10 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 48.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 53 ° 11' 29' EAST i THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL PAGE 21 '. • ORDER NO. 960468-14 ANGLE OF 12°35'59" A DISTANCE OF 10.56 FEET TO A POINT ON A LINE PARALLEL WITH AND 10.00 FEET SOUTHEASTERLY, MEASURED AT RIGHT A1fGLES, FROM THAT CERTAIN COURSE HEREINABOVE DESCRIBED AS "SOUTH 41°10'00' WEST, 131.10 FEET" AND ITS SOUTHWESTERLY PROLONGATION; THENCE ALONG SAID PARALLEL LINE NORTH 41°10'00" EAST 64.99 FEET TO A TANGENT CURVE SOUTHEASTERLY HAVING A RADIUS OF 195.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°31'11" A DISTANCE OF 39.21 FEET; THENCE TANGENT TO SAID CURVE, NORTH 52°41'11" EAST, 34.77 FEET TO THE TRUE' POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCELS D AND E. 58. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE, DATED FEBRUARY 28, 1984, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: DAON CORPORATION, DEVELOPER-OWNER AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: APRIL 6, 1984 AS FILE NO. 84-126622 OF OFFICIAL RECORDS. 59. AN AGREEMENT REGARDING THE PAYMENT OF A' PUBLIC FACILITIES FEE, DATED JANUARY 14, 1985, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: DAON CORPORATION AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: MARCH 13, 1985 AS FILE NO. 85-083609 OF OFFICIAL RECORDS. AFFECTS PARCELS A, D AND E. 60. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE, DATED FEBRUARY 25, 1985, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: DAON CORPORATION AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: APRIL 2, 1985 AS FILE NO. 85-111224 OF OFFICIAL RECORDS. AFFECTS PARCELS A, C, D AND E. 61. A CONDITIONAL CERTIFICATE OF COMPLIANCE BY AND BETWEEN THE CITY OF CARLSBAD AND DAON CORPORATION, RECORDED OCTOBER 9, 1985 AS FILE NO. 85-375187 OF OFFICIAL RECORDS. AFFECTS PARCELS C, D AND E. PAGE 22 • • ORDER NO. 960468-14 62. AN EASEMENT FOR PUBLIC ROAD AND SLOPE RIGHT PURPOSES AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED OCTOBER 29, 1985 AS FILE NO. 85-404383 OF OFFICIAL RECORDS, LOCATED WITHIN CALLE BARCELONA. SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS • . AFFECTS PARCELS D AND E. 63. AN EASEMENT FOR. A PUBLIC ROAD, SLOPE RIGHT AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED OCTOBER 29, 1985 AS FILE NO. 85-404384 OF OFFICIAL RECORDS, LOCATED WITHIN RANCHO SANTA FE ROAD. SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCELS C, D AND E. 64. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED OCTOBER 14, 1986 AS FILE NO. 86-462232 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THAT PORTION OF LOTS 4, 9 AND 10 OF RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, DESCRIBED IN A DEED RECORDED MARCH 10, 1981 AS FILE NO. 81-072861 OF OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO. THE EASEMENT IN THE AFORESAID PROPERTY SHALL BE A STRIP OF LAND, INCLUDING ALL OF THE AREA LYING BETWEEN THE EXTERIOR SIDELINES, WHICH SIDELINES SHALL BE 3 FEET, MEASURED AT RIGHT ANGLES, ON EACH EXTERIOR SIDE OF EACH AND EVERY FACILITY INSTALLED, THE APPROXIMATE LOCATION BEING SHOWN ON EXHIBIT "A", ATTACHED THERETO AND MADE A PART THEREOF. THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. PAGE 23 • ORDER NO. 960468-14 REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCELS D AND E. 65. AN AGREEMENT REGARDING PAYMENT OF IMPROVEMENTS AS REQUIRED BY GROWTH OCTOBER 16, 1986, UPON THE TERMS, CONTAINED THEREIN. FEES FOR FACILITIES AND MANAGEMENT SYSTEM, DATED COVENANTS, AND CONDITIONS EXECUTED BY AND BETWEEN: THE CITY OF CARLSBAD, CALIFORNIA, A MUNICIPAL CORPORATION AND S & S CONSTRUCTION CO. OF SAN DIEGO, INC., A CALIFORNIA CORPORATION. RECORDED: NOVEMBER 18, 1986 RECORDS. AS FILE NO. 86-530223 OF OFFICIAL AFFECTS PARCEL A. 66. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER SHOWING: DEBTOR: BCE DEVELOPMENT INC. SECURED PARTY: DIXIE MORTGAGE COMPANY, A DIVISION OF LANDMARK LAND COMPANY OF CALIFORNIA, INC. DATE FILED: NOVEMBER 24, 1986 RECORDED: NOVEMBER 25, 1986 AS FILE NO. 86-546330 OF OFFICIAL RECORDS. PROPERTY COVERED: PARCELS A THROUGH F WITH OTHER PROPERTY THE INTEREST UNDER SAID FINANCING STATEMENT WAS ASSIGNED TO DIXIE SAVINGS AND LOAN ASSOCIATION BY ASSIGNMENT RECORDED NOVEMBER 25, 1986 AS FILE NO. 86-546332 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 67. RIGHTS OF THE PUBLIC IN AND TO ANY PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN ROADS, STREETS OR HIGHWAYS. 1987-1988 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09079 255-010-09 $13,280.77 PAID $13,280.77 PAID $2,514,488.00 $-0- $-0- PAGE 24 • 1987-1988 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09045 255-010-18 $4,029.80 PAID $4,029.80 PAID $765,278.00 $-0- $-0- 09045 255-010-19 $575.67 PAID $575.67 PAID $109,324.00 $-0- $-0- 09045 255-030-09 $5,900.78 PAID $5,900.78 PAID $1,120,587.00 $-0- $-0- 09079 255-030-10 $11,635.11 PAID $11,635.11 PAID $2,202,911.00 $-0- $-0- 09079 255-030-11 $2,020.97 PAID $2,020.97 PAID $382,638.00 $-0- $-0- 09045 255-031-24 $9,406.20 PAID $9,406.20 PAID $1,786,283.00 $-0- $-0- PAGE 25 ·e ORDER NO. 960468-14 2.7 • 1987-1988 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: I'MPROVEMENTS: EXEMPT: 09045 255-031-25 $5,811. 29 PAID $5,811.29 PAID $1,103,592.00 $-0- $-0- 09045 216-320-13 $1,284.11 PAID $1,284.11 PAID $240,514.00 $-0- $-0- 09079 255-041-14 $20,700.68 PAID $20,700.68 PAID $3,919,323.00 $-0- $-0- 09079 255-022-01 $866.13 PAID $866.13 PAID $163,987.00 $-0- $-0- PAGE 26 • ORDER NO. 960468-14 • ORDER NO. 960468-14 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: ALL OF LOTS 3 AND 4 OF FRACTIONAL SECTION 1 AND PORTIONS OF LOTS 1, 2, 3, 5, 6, 7 AND 8 OF FRACTIONAL SECTION 2 IN TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, TOGETHER WITH LOT 2 AND A PORTION OF LOTS 1 AND 11 OF RANCHO LAS ENCINITAS, IN THE 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, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2 OF RANCHO LAS ENCINITAS; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID RANCHO LAS ENCINITAS, NORTH 76 ° 21' 30" EAST 8 9 2 • 9 2 FEET TO THE EASTERLY LINE OF SAID LOT 3 OF FRACTIONAL SECTION 1; THENCE ALONG SAID EASTERLY LINE NORTH 1°35'31" EAST 1094.53 FEET TO THE NORTHEAST CORNER OF SAID LOT 3 ; THENCE ALONG THE NORTHERLY LINE OF SAID FRACTIONAL SECTION 1, NORTH 89°17'26" WEST 1683.77 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID NORTHERLY LINE AND ALONG THE NORTHERLY LINE OF SAID FRACTIONAL SECTION 2, NORTH 89°17'41" WEST 993.40 FEET AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF THE LAND DESCRIBED IN EXECUTORS' DEED AND CONSERVATORS DEED TO W. B. DALITZ, RECORDED SEPTEMBER 19, 1969 AS FILE NO. 164971 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHEASTERLY BOUNDARY OF SAID LAND SOUTH 68°25'31" WEST 1851.09 FEET TO AN ANGLE POINT AND SOUTH 56°30'28" WEST 1100.64 FEET TO A POINT IN THE EASTERLY LINE OF COUNTY OF SAN DIEGO ROAD SURVEY NO. 1800-1, BEING THAT CERTAIN 90 FOOT STRIP OF LAND AS DESCRIBED IN EXECUTOR'S DEED AND CONSERVATORS' DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 16, 1970 AS FILE NO. 27777 OF OFFICIAL RECORDS AND ALSO BEING A POINT IN A NON-TANGENT 1970.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 58 ° 40 ' 29" WEST; THENCE ALONG THE EASTERLY LINE OF SAID ROAD SURVEY AS FOLLOWS: SOUTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 4 ° 56'20" AN ARC DISTANCE OF 169.81 FEET, TANGENT TO SAID CURVE SOUTH 36°15'51" EAST 291.95 FEET TO THE BEGINNING OF A TANGENT 2045.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, SOUTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF 32°30'56" AN ARC DISTANCE OF 1160.54 FEET, TANGENT TO SAID CURVE SOUTH 3°44'55" EAST 1061.59 FEET TO THE BEGINNING OF A TANGENT 9045.00 FOOT RADIUS CURVE, CONCAVE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF 3°01'18" AN ARC DISTANCE OF 477.02 FEET TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN DEED TO THE HEIRS OR PAGE 27 • ORDER NO. 960468-14 DEVISEES OF FRIEDA C. WIEGAND, DECEASED, ET AL, RECORDED FEBRUARY 25, 1971 AS FILE NO. 35748 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, RADIAL TO LAST SAID CURVE NORTH 89°16'23" EAST 398.31 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID RANCHO LAS ENCINITAS; THENCE ALONG SAID WESTERLY LINE SOUTH 20 ° 02 '35" EAST 686.02 FEET TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF LOT 12 OF SAID RANCHO LAS ENCINITAS; THENCE ALONG SAID WESTERLY PROLONGATION AND SAID NORTHERLY LINE NORTH 87 ° 30 '15" EAST 69.33 FEET TO THE WESTERLY LINE OF THE EASTERLY 2505.00 FEET OF SAID LOT 11 OF RANCHO LAS ENCINITAS; THENCE ALONG SAID WESTERLY LINE NORTH 2°55'51" WEST 2107.50 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 2107.50 FEET OF SAID LOT 11; THENCE ALONG SAID NORTHERLY LINE NORTH 87°30'15" EAST 2505.00 FEET TO THE EASTERLY LINE OF SAID LOT 11 OF RANCHO LAS ENCINITAS; THENCE ALONG SAID EASTERLY LINE NORTH 2°55'51" WEST 526.98 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2 OF RANCHO LAS ENCINITAS: THENCE ALONG THE EASTERLY LINE OF ~AID LOT 2 NORTH 1°58'05" WEST 807.94 FEET TO THE POINT OF BEGINNING. PARCEL B: THOSE PORTIONS OF LOTS 1, 2 AND 3 IN SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, ALSO THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, ALSO THE WEST 50 ACRES OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, ALL IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 35; THENCE ALONG THE NORTH LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 35, NORTH 89°07'13" WEST 1318.40 FEET TO THE NORTHWEST CORNER OF SAID EAST HALF; THENCE ALONG THE WEST LINE OF SAID EAST HALF, SOUTH 0°33'46" WEST 2649.70 FEET TO THE SOUTH LINE OF SAID SECTION 35: THENCE" ALONG SAID SOUTH LINE NORTH 89°18'14" WEST 50.25 FEET TO A POINT IN THE EASTERLY RIGHT OF WAY LINE OF COUNTY OF SAN DIEGO ROAD SURVEY NO. 1800 - 1 EL CAMINO REAL -ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID SAN DIEGO COUNTY, SAID POINT BEING ON A NON- TANGENT 3030.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 74 ° 59' 19" EAST; THENCE SOUTHERLY ALONG SAID EASTERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 6 ° 09 ' 33" AN ARC DISTANCE OF 325.73 FEET; THENCE TANGENT TO SAID CURVE SOUTH 8°51'08" EAST 288.92 FEET TO THE BEGINNING OF A TANGENT 1970.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°28'17" AN ARC DISTANCE OF 772.64 FEET; THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE NORTH 56°30'28" EAST, 1100.78 FEET; THENCE NORTH 68°25'31" EAST 1851.09 FEET TO THE SOUTHEAST CORNER OF THE WEST 50 ACRES OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 36; THENCE ALONG THE EAST LINE OF PAGE 28 • ORDER NO. 960468-14 SAID WEST 50 ACRES NORTH 0°33'05" EAST 1323.11 FEET TO THE NORTHEAST CORNER THEREOF; THENCE ALONG THE NORTH LINE OF SAID WEST 50 ACRES NORTH 89°18'37" WEST 1646.40 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35; THENCE ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, NORTH 0°34'20" EAST 1322.81 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION LYING WITHIN THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 35, WHICH LIES NORTHERLY OF A LINE PARALLEL WITH AND 42.00 FEET SOUTHERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE SOUTH 89 ° 20 '26" EAST ALONG. THE EAST-WEST QUARTER SECTION LINE OF SAID SECTION 36, A DISTANCE OF 713.96 FEET; THENCE SOUTH 00°22'36" EAST 107.07 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°37'24" WEST 352.01 FEET TO THE BEGINNING OF A TANGENT C~VE CONCAVE TO THE NORTH HAVING A RADIUS OF 1500.00 FEET; THENCE WESTERLY ALONG SAID CURVE 329.26 FEET THROUGH A CENTRAL ANGLE OF 12 ° 34' 36" ; THENCE TANGENT TO SAID CURVE NORTH 77 ° 48' 00" WEST 379.05 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 700.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 787.00 FEET THROUGH A CENTRAL ANGLE OF 64 ° 25' 00"; THENCE TANGENT TO SAID CURVE SOUTH 37°47'00" WEST 413.63 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 500.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 410.15 FEET THROUGH A CENTRAL ANGLE OF 47°00'00"; THENCE SOUTH 84°47'00" WEST 450.59 FEET TO THE CENTER LINE OF EL CAMINO REAL AS SHOWN ON THE MAP OF LA COSTA VALLEY UNIT NO.1, AS SHOWN ON MAP NO. 5434, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. ALSO EXCEPT THEREFROM THAT PORTION LYING WITHIN CARLSBAD TRACT NO. 72-24 -SPANISH VILLAGE UNIT NO. 1 -ACCORDING TO MAP THEREOF NO. 7895, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. ALSO EXCEPT THEREFROM THAT PORTION LYING WITHIN CARLSBAD TRACT NO. 75-7 GREEN VALLEY KNOLLS ACCORDING TO MAP THEREOF NO. 8379, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. PARCEL C: THOSE PORTIONS OF LOTS 3 AND 4 IN SECTION 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, AND OF LOTS 1 AND 2 IN SECTION 1, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, AND OF SECTION 6, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF AND OF LOTS 3 AND 4 OF RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN PAGE 29 3/ • ORDER NO. 960468-14 DIEGO COUNTY, JUNE 27, 1898, ALL BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN' DIEGO, STATE OF CALIFORNIA, AND DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 31; THENCE ALONG THE SOUTHERLY LINE OF SAID SECTION 31, SOUTH 89°51'26" EAST 280.00 FEET; THENCE NORTH 71°00'00" EAST 1545.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING SOUTH 71°00'00" WEST, 1545.00 FEET TO THE SOUTHERLY LINE OF SAID SECTION 31; THENCE ALONG SAID SOUTHERLY LINE NORTH 89 ° 51'26" WEST 280.00 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 31, BEING ALSO A POINT ON THE NORTHERLY LINE OF SAID SECTION 1, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE ALONG SAID NORTHERLY LINE NORTH 89°51'52" WEST 956.82 FEET TO THE NORTHWEST CORNER OF LOT 2 IN SAID SECTION 1; THENCE ALONG THE WEST LINE OF SAID LOT 2, SOUTH 1088.86 FEET TO THE NORTHERLY LINE OF SAID LOT 3 OF RANCHO LAS ENCINITAS; THENCE ALONG SAID NORTHERLY LINE SOUTH 75°47'10" WEST 914.88 FEET TO THE NORTHWEST CORNER OF SAID LOT 3; THENCE ALONG THE WESTERLY LINE OF SAID LOT 3, SOUTH 02°32'35" EAST 340.00 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 87 ° 30' 00" EAST 3350.00 FEET, MORE OR LESS TO THE CENTER LINE OF COUNTY RECORD SURVEY NO. 454 -KNOWN AS RANCHO SANTA FE ROAD -AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JANUARY 21, 1930 IN BOOK 1737, PAGE 4 OF DEEDS; THENCE NORTHERLY AND NORTHEASTERLY ALONG SAID CENTERLINE TO A LINE WHICH BEARS SOUTH 52 0 00' 00" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 52°00'00" WEST 485.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN LA COSTA VALE (UNIT NO. 1), ACCORDING TO MAP THEREOF NO. 7457 AND MAP NO. 8059, FILED. IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. PARCEL D: THAT PORTION OF LOTS 3, 4, 9 AND 10 OF RANCHO LAS ENCINITAS, IN THE 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, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE ALONG THE WESTERLY LINE OF SAID LOT 3, SOUTH 02°31'38" EAST 340.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY SOUTH 02°31'38" EAST 468.13 FEET TO THE NORTHWEST CORNER OF SAID LOT 10; THENCE ALONG THE WESTERLY LINE OF SAID LOT 10, SOUTH 03°29'27" EAST 760.00 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 87°30'00" EAST 2550.00 FEET, MORE OR LESS TO THE CENTER LINE OF COUNTY ROAD SURVEY NO. 454 (KNOWN AS RANGHO SANTA FE ROAD) AS DESCRIBED IN DEED TO THE COUNTY OR SAN DIEGO, RECORDED JANUARY 21, 1930 IN BOOK 1737, PAGE 4 OF DEEDS; THENCE NORTHEASTERLY ALONG SAID CENTER LINE TO AN INTERSECTION WITH A LINE WHICH BEARS NORTH 07°30'00" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH PAGE 30 • ORDER NO. 960468-14 87°30'00" WEST 3350.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM LOTS 1 THROUGH 86 INCLUSIVE OF SANTA FE RIDGE UNIT NO.2, CARLSBAD TRACT NO. 83-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10857, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 1984. PARCEL E: ALL THOSE PORTIONS OF LOTS 9 AND 10 OF RANCHO LAS ENCINITAS, IN THE 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, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 3 OF SAID RANCHO LAS ENCINITAS; THENCE ALONG THE WESTERLY LINE OF SAID LOT, SOUTH 02°31'38" EAST 808.13 FEET TO THE NORTHWEST CORNER OF SAID LOT 10; THENCE ALONG THE WESTERLY LINE OF SAID LOT 10, SOUTH 03°29'27" EAST, 760.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 03°29'27" EAST 1869.70 FEET TO THE SOUTHWEST CORNER OF SAID LOT 10, SAID CORNER BEING IN THE CENTER LINE OF OLIVENHAIN ROAD ACCORDING TO SAN DIEGO COUNTY ROAD SURVEY NO. 1631, FILED IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY LINE OF LOT 10 AND SAID CENTERLINE NORTH 87 ° 03' 30" EAST 509.61 FEET TO THE BEGINNING OF A 300.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE OF SAID CURVE BEARS SOUTH 02°56'30" EAST TO SAID POINT, SAID POINT BEING THE SOUTHWESTERLY TERMINUS OF SAN DIEGO COUNTY ROAD SURVEY NO. 454 (KNOWN AS RANCHO SANTA FE ROAD) AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JANUARY 21, 1930 IN BOOK 1731, PAGE 4 OF DEEDS; THENCE LEAVING SAID SOUTHERLY LINE OF LOT 10, NORTHEASTERLY ALONG SAID CENTERLINE, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49°04'49" A DISTANCE OF 256.98 FEET; THENCE TANGENT TO SAID CURVE CONTINUING ALONG SAID CENTER LINE NORTH 37 ° 58 '41" EAST 697.88 FEET TO AN INTERSECTION WITH THE CENTER LINE OF RANCHO SANTA FE ROAD, ACCORDING TO SAN DIEGO COUNTY ROAD SURVEY NO. 454-7 AS DESCRIBED IN PARCEL 2 IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED MAY 4, 1954 IN BOOK 5226, PAGE 582 OF OFFICIAL RECORDS, SAID INTERSECTION BEING AT THE POINT OF CUSP WITH A TANGENT 350.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG THE CENTER LINE OF SAID ROAD SURVEY NO. 454-A ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58°10'27" A DISTANCE OF 355.37 FEET; THENCE TANGENT TO SAID CURVE CONTINUING ALONG SAID CENTER LINE SOUTH 20°11'46" EAST, ·311.85 FEET TO THE AFOREMENTIONED SOUTHERLY LINE OF LOT 10; THENCE LEAVING THE CENTER LINE OF SAID ROAD SURVEY NO. 454-A ALONG SAID SOUTHERLY LINE NORTH 87°03'30" EAST 1412.68 FEET TO THE SOUTHWEST CORNER OF SAID LOT 9; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 9, NORTH 87 ° 03 '30" EAST 2328.75 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 03°00'00" PAGE 31 33 • ORDER NO. 960468-14 WEST 1375.00 FEET: THENCE NORTH 35°00'00" WEST 490.00 FEET: THENCE NORTH 07 ° 27' 00" WEST 180.00 FEET, MORE OR LESS TO AN INTERSECTION WITH THE CENTER LINE OF THE AFOREMENTIONED RANCHO SANTA FE ROAD; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE TO AN INTERSECTION WITH A LINE THAT BEARS NORTH 87°30'00" EAST FROM THE TRUE POINT OF BEGINNING: THENCE LEAVING SAID CENTER LINE OF RANCHO SANTA FE ROAD SOUTH 87°30'00" WEST 2550.00 FEET, MORE OR LESS TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF LOTS 9 AND 10 OF RANCHO LAS ENCINITAS PER MAP NO. 848 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 10; THENCE ALONG THE SOUTH LINE THEREOF SOUTH 87°30'28" WEST 151.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 87°30'28" WEST 1264.22 FEET TO A POINT ON THE CENTER LINE OF ROAD SURVEY NO. 454-A ON FILE IN THE OFFICE OF THE COUNTY ENGINEER; THENCE LEAVING SAID SOUTH LINE AND ALONG SAID ROAD SURVEY NO. 454-A THE FOLLOWING COURSES: NORTH 19°42'52" WEST 314.11 FEET TO THE BEGINNING OF A TANGENT 350.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58 ° 07 '08" A DISTANCE OF 355.03 FEET TO A POINT ON THE CENTER LINE OF ROAD SURVEY NO. 454 ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID SAN DIEGO COUNTY; THENCE LEAVING SAID ROAD SURVEY NO. 454-A AND ALONG THE CENTER LINE OF SAID ROAD SURVEY NO. 454 THE FOLLOWING COURSES: TANGENT TO SAID 350.00 FOOT RADIUS CURVE NORTH 38°24'16" EAST 383.53 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°13'20" A DISTANCE OF 160.96 FEET; THENCE TANGENT TO SAID CURVE NORTH 47°37'36" EAST 988.78 FEET; THENCE LEAVING THE CENTER LINE OF SAID ROAD SURVEY NO. 454 SOUTH 42 ° 22 '24" EAST 273.19 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34°51'20" A DISTANCE OF 304.17 FEET; THENCE TANGENT TO SAID CURVE SOUTH 77°13'44" EAST 119.81 FEET: THENCE NORTH 90°00'00" EAST 62.49 FEET TO THE BEGINNING OF A TANGENT 430.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°32'32" A DISTANCE OF 206.70 FEET: THENCE TANGENT TO SAID CURVE SOUTH 62°27'28" EAST 143.27 FEET; THENCE SOUTH 27°32'32" WEST 283.06 FEET: THENCE SOUTH 58°57'16" WEST 215.32 FEET; THENCE SOUTH 40°44'20" WEST 180.81 FEET; THENCE SOUTH 32°17'46" WEST 125.40 FEET; THENCE SOUTH 19°11'44" WEST 142.95 FEET; THENCE SOUTH 37°28'34" WEST 37.80 FEET; THENCE SOUTH 63°26'06" WEST 109.57 FEET; THENCE NORTH 81°28'09" WEST 60.67 FEET; THENCE SOUTH 02°29'32" EAST 357.10 FEET TO THE TRUE POINT OF BEGINNING. PAGE 32 34 • ORDER NO. 960468-14 ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 10 OF RANCHO LAS ENCINITAS AS PER MAP NO. 848 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THAT CERTAIN COURSE IN THE CENTER LINE OF RANCHO SANTA FE ROAD SHOWN AS "NORTH 38°24'16" EAST 1083.64 FEET" ON MAP NO. 8059, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DISTANT THEREON ON A DIFFERENT BASIS OF BEARINGS SOUTH 38 ° 24' 20" WEST 593.87 FEET FROM THE NORTHEASTERLY TERMINUS THEREOF; THENCE AT RIGHT ANGLES TO SAID CERTAIN COURSE NORTH 51°35'40" WEST 61.00 FEET TO A POINT ON A LINE WHICH IS PARALLEL WITH AND 61.00 FEET NORTHWESTERLY OF SAID CERTAIN COURSE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE SOUTH 38°24'20" WEST 19.82 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING ALONG SAID PARALLEL LINE SOUTH 38 ° 24' 20" WEST 74.18 FEET TO A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1149.00 FEET; THENCE LEAVING SAID PARALLEL LINE, SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°27'03" A DISTANCE OF 49.15 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 58°35'00" WEST 164.49 FEET; THENCE NORTH 48 ° 50' 00" WEST 45.00 FEET; THENCE NORTH 41 ° 10' 00" EAST 25.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE CONTINUING NORTH 41°10'00" EAST 30.19 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 300.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 34°22'02" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6°13'23" A DISTANCE oi 32.58 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 24 ° 50' 00" EAST 39.15 FEET; THENCE SOUTH 70 ° 45' 00" EAST 194.24 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM LOTS 1 THROUGH 88 INCLUSIVE OF SANTA -FE RIDGE UNIT NO.1, CARLSBAD TRACT NO. 83-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10856, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 1984. AND LOTS 1 THROUGH 86 INCLUSIVE OF SANTA FE RIDGE UNIT NO.2, CARLSBAD TRACT NO. 83-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10857, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 28, 1984. ALSO EXCEPTING THOSE PORTIONS LYING WITHIN PARCELS 1 AND 2 OF DEED TO POLYGON CORP., RECORDED OCTOBER 25, 1984 AS FILE NO. 84-403301 OF OFFICIAL RECORDS, SET OUT AS FOLLOWS: BEING A PORTION OF PARCEL "B" OF CERTIFICATE OF COMPLIANCE RECORDED AS FILE NO. 84-358890 OF OFFICIAL RECORDS, DATED SEPTEMBER 21, 1984, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. PAGE 33 • • ORDER NO. 960468-14 BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL "B"; THENCE ALONG THE WESTERLY AND NORTHERLY BOUNDARY OF SAID PARCEL "B" NORTH 02°29'32" WEST, A DISTANCE OF 357.10 FEET; THENCE SOUTH 81°28'09" EAST, A DISTANCE OF 60.67 FEET; THENCE NORTH 63°26'06" EAST, A DISTANCE OF 109.57 FEET; THENCE NORTH 37°28'34" EAST, A DISTANCE OF 37.80 FEET; THENCE NORTH 19°11'44" EAST, A DISTANCE OF 142.95 FEET; THENCE NORTH 32°17'46" EAST, A DISTANCE OF 125.40 FEET; THENCE NORTH 40°44'20" EAST, A DISTANCE OF 180.81 FEET; THENCE NORTH 58°57'16" EAST, A DISTANCE OF 215.32 FEET; THENCE NORTH 27°32'32" EAST, A DISTANCE OF 283.06 FEET; THENCE NORTH 62°27'28" WEST, A DISTANCE OF 36.88 FEET; THENCE NORTH 27°05'17" EAST, A DISTANCE OF 15.01 FEET; THENCE SOUTH 62°54'43" EAST, A DISTANCE OF 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; THENCE LEAVING SAID CURVE ALONG THE PROLONGATION OF A RADIAL LINE TO SAID CURVE SOUTH 37°44'29" EAST, A DISTANCE OF 60.00 FEET TO A POINT IN THE ARC OF A PERPENDICULAR 20.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 37 ° 44' 29" WEST; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 84 ° 38 '40", A DISTANCE OF 29.55 FEET; THENCE SOUTH 32 ° 23' 09" EAST, A DISTANCE OF 24.00 FEET TO THE BEGINNING OF A TANGENT 85.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16 ° 15'36", A DISTANCE OF 24.12 FEET TO A POINT OF REVERSE CURVATURE WITH A 65.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°15'36", A DISTANCE OF 18.45 FEET; THENCE SOUTH 32 ° 23' 09" EAST, 15.74 FEET TO THE BEGINNING OF A TANGENT 170.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°53'14", A DISTANCE OF 11.53 FEET; THENCE SOUTH 36°16'23" EAST, A DISTANCE OF 109.70 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88°15'18", A DISTANCE OF 30.81 FEET; THENCE NORTH 55 ° 28' 19" EAST, A DISTANCE OF 19.74 FEET; THENCE SOUTH 34°31'41" EAST, A DISTANCE OF 60.00 FEET; THENCE SOUTH 38°58'08" EAST, A DISTANCE OF 101.00 FEET; THENCE SOUTH 15°39'52" EAST, A DISTANCE OF 57.61 FEET; THENCE SOUTH 35 ° 26' 45" EAST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 54°33'15" WEST, A DISTANCE OF 120.37 FEET; THENCE NORTH 35°26'45" WEST, 102.00 FEET; THENCE NORTH 15°21'00" WEST, 58.74 FEET; THENCE SOUTH 53 ° 21' 03" WEST, 152.51 FEET; THENCE SOUTH 39°38'22" EAST, 220.66 FEET; THENCE SOUTH 50°21'38" WEST, 99.44 FEET; THENCE SOUTH 39°38'22" EAST, 100.00 FEET; THENCE SOUTH 35°05'54" EAST, 184.00 FEET; THENCE SOUTH 02°21'29" EAST, 181.40 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID PARCEL "B"; THENCE ALONG SAID BOUNDARY SOUTH 87°38'31" WEST, 1429.71 FEET AND SOUTH 87°30'28" WEST, 151.54 FEET TO THE TRUE POINT OF BEGINNING. PAGE 34 • • ORDER NO. 960468-14 BEING A PORTION OF PARCEL "B" OF CERTIFICATE OF COMPLIANCE RECORDED AS FILE NO. 84-258890 OF OFFICIAL RECORDS, DATED SEPTEMBER 21, 1984, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. BEGINNING AT THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE ON THE SOUTHERLY BOUNDARY OF SAID PARCEL "B" DESIGNATED AS NORTH 63 ° 37' 07" EAST, 1007.25 FEET; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL "B" SOUTH, 87°38'31" WEST, 114.29 FEET; THENCE LEAVING SAID BOUNDARY NORTH 02°21'29" WEST, 181.40 FEET; THENCE NORTH 35°05'54" WEST, 184.00 FEET; THENCE NORTH 39°38'22" WEST, 100.00 FEET; THENCE NORTH 50°21'38" EAST, 99.44 FEET; THENCE NORTH 39°38'22" WEST, 220.66 FEET; THENCE NORTH 53°21'03" EAST, 152.51 FEET; THENCE SOUTH 15°21'00" EAST, 58.74 FEET; THENCE SOUTH 35°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 38°58'08" WEST, 101.00 FEET; THENCE NORTH 34°31'41" WEST, 60.00 FEET; THENCE SOUTH 55 ° 28 ' 19" WEST, A DISTANCE OF 19. 74 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88°15'18", A DISTANCE OF 30.81 FEET; THENCE NORTH 36°16'23" WEST, A DISTANCE OF 109.70 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 03°53'14", A DISTANCE OF 11.53 FEET; THENCE NORTH 32°23'09" WEST, A DISTANCE OF 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 A POINT OF REVERSE CURVATURE WITH AN 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· NORTH 32°23'09" WEST, A DISTANCE OF 24.00 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 84°38'40", A DISTANCE OF 29.55 FEET; THENCE LEAVING SAID CURVE ALONG THE PROLONGATION OF A RADIAL LINE TO SAID CURVE NORTH 37°44'29" WEST, A DISTANCE OF 60.00 FEET TO A POINT IN THE·NORTHERLY BOUNDARY OF SAID PARCEL "B", SAID POINT BEING IN THE ARC OF A PERPENDICULAR 520.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 37°44'29" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID NORTHERLY BOUNDARY THROUGH A CENTRAL ANGLE OF 02°33'03", A DISTANCE OF 23.15 FEET; THENCE NORTH 49°42'28" EAST, A DISTANCE OF 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 NORTH 67°03'39" EAST, A DISTANCE OF 144.79 FEET TO THE BEGINNING OF A TANGENT 370.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°56'41", A DISTANCE OF 109.42 FEET; THENCE NORTH 50°06'58" EAST, A DISTANCE OF 9.69 FEET TO THE BEGINNING PAGE 35 • ORDER NO. 960468-14 OF A TANGENT 400.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY' ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°51'02", A DISTANCE OF 124.62 FEET; THENCE NORTH 67°58'00" EAST, A DISTANCE OF 121.06 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY 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 LEAVING SAID CURVE ALONG A TANGENT LINE SOUTH 22°02'00" EAST, A DISTANCE OF 202.60 FEET; THENCE NORTH 67 ° 58' 00" EAST, 60.00 FEET; THENCE SOUTH 22 ° 02' 00" EAST, A DISTANCE OF 450.00 FEET TO THE BEGINNING OF A TANGENT 1030.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°44'30", A DISTANCE OF 229.06 FEET; THENCE SOUTH 09 ° 17' 30" EAST, A DISTANCE OF 150.00 FEET TO THE BEGINNING OF A TANGENT 930.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°04'51", A DISTANCE OF 390.87 FEET; THENCE LEAVING SAID CURVE ALONG A NON-TANGENT LINE SOUTH 63 ° 37' 05" WEST, 1007.25 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THOSE PORTIONS LYING WITHIN PARCEL MAP NO. 13970, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 25, 1985 AS FILE NO. 85-355261 OF OFFICIAL RECORDS. PARCEL F: LOT 13 OF LA COSTA CANADA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7205, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 15, 1972. 12/15/87 J.K. PAGE 36 39 • CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 438·5621 • i ~ ACCOUNT NO. DESCRIPTION }·?/-Jl;J-()(1-/(J-:fIJI/ IPLI ,LI r-EE /) ,.-1/-,((/(l-/J{J _(1().-\)\/ JLI.--j--i~/{ , I ,-rEE '--L /' ~.' . /.-/ : , 1,,1/ _ g /(1 -tJ/) r (Jr)-(:; 2? /7 \-1-' r I DE I i=-.1,1;--. }~~////i'I-I LL~ I ,-...... II / I / -(i} ) "? L/-o rFF l:/(' --' r -{:t)~a}-~. " ,., i tH,~(' 1. ~_, :1 .. (! 1 " . -: -, RECEIPT NO. 81085 TOTAL --,-----~-------- AMOUNT I / r-,'7" 'J / I , I -/ I' ,~)'/') I / Lic,) I ,- ,.. .. , 1--'\ -.' I ,_ -;a., -', ' \ .. I I I I I I I I I /') )'1'~' '----I _'"' I 'p 'I, ~"l) _' I I I , APPLICANT: AGENT: MEMBERS: • • DISCLOSURE FORM Corp.#8270-85 BCE Development, Inc., a Delaware Corporation, Name (individual, partnership, joint venture, corporation, syndication) Suite 200, 2201 Dupont, Irvine, California 92715 Busil')ess Address (714) 476-2766 Incorporated 7-23-76 Telephone Number Douglas M. Avis Name 6670 El Camino Real, P.O. Box9Bfi~-266, Carlsbad, CA., 92009 Business Address (619) 931-8747 Telephone Number 153320 Canada, Inc.· (sole shareholder) ~----~~----------------------Name (individual, partner, joint; Home Address venture, corporation, syndication) c/o BCE Development, Inc. (see above address) Business Address Telephone Number Telephone Number Name Home Address Business Address Telephone Number Telephone Number (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. J IWe 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. BCE Development, Inc. APPLICANT ~ BY ~ jAgent, ~, lIJ~lt D.M. Avis • • ATTACHMENT "A" LEGAL DESCRIPTION Being a portion of the south half of Section 36, Township 12 South, Range 4 West, San Bernadino Meridian, together with a portion of fractional Sections 1 and 2, Township 13 South, Range 4 West, San Bernadino Meridian, together with Lot 1 and a portion of Lots 2,3,4,9,10 and 11 of Rancho Las Encinitas, Map No. 848, all in the County of San Diego, State of California. • ATTACHMENT "B" ASSESSOR'S PARCEL NUMBERS 216 -320 -l3 255 -010 -09 -18 -19 255 -022 -01 255 -033 -09 -10 -11 255 -031 24 -25 255 -041 -14 By: • STATEMENT OF AGREEMENT ~ENTATIVE 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. BeE Development, Inc. ~ r ture D.M. Avis Name (Print) June 20, 1988 Date Agent Relationship to Application (Property Owner-Agent) FORM: PLANNING 37. REVISED 3/80 .' '€ 1'\ t t\ ,","l NotltlcatlOn No, -1 n.c nu, -____ _ -J~~ '~ ~~REEMENT REGA.ING PRO~OSE~ STRE~ OR • ALTERATION ,...,r:,!\.~,.n~ ('j1!~'.)AN~ Page 1 of 4 T tilS AC;REEMENT, entered into between the State of California, Dej>artment of Fish and Game, hereinafter called the Department, m~ Mike Stewart representing Fieldstone company ,an Diego ,State of Califo~nia , hereinafter called the operator, is as follows: WHEREAS, pursuant to Division 2, Chapter 6 of California Fish and Game Code, the operator, on the 8th day of May , 19~, notified the Department that he intends to substantially divert or obstruct the natural (low of, or substantially change the bed, ;hannel or bank of or use material from the streambed of the following water: Unnamed tr lbutary to in the County of San Diego' ,Stateof California, S 2 T '13S R llW, Encini tas Creek ' WHEREAS, the Department (represented'by Warden Carolyn Doody has made an insrtion of subject area on the 23rd day of May '. , , 19 ~, and) has,detennined that such operations may subst!mtially: adv~rse!y' affect existing fish and wildlife resources including: r 1 par 1 an hab 1 ta t and assoclatetl wlldllfe. • THEREFORE, the Department hereby proposes measures to protect fish and wildlife during the o~rator's work. The operator hereby agrees to accept the following recommendations as part of his work: N lim bers 1, 2 , 4 , 9 , 1 I , 15 , 1 7 , 19 , 2 0 ,21 and 2 2 • from the list of recommendations on the back of this page and the following special recommendations: 1. All work in or near the stream or lake shall be confined to the period November 1,1991 to November 1, 1992,. 2.) This Agreement. covers only those activities described in Notification No. 5-237-91. This involves the construction of the Arroyo La Costa housing development in the City of Carlsbad. 3.) If substantial plan changes are made from those submitted to the Department, this Agreement becomes void and the Operator must submit a new notification. 4.) The contractor selected for this project must sign this Agreement. A copy of this Agreement shall be given to and read by all contractors and subcontractors. A copy of this Agreement sha'll be readily available at the project site at all times and presented to Department employees upon request. 5.) This Agreement does not constitute or imply the existance of any water right. *Special Recommendations Continued on Attached Page 2* . .'~~e o~ra~or, as design:l:ted by the signature on this agreement, shall be responsible for the execution of all elements of this agreement. -.~. ,"~:" .. K:EOpY:O[iliis 'agreement must be provided to contractors .and subcontractors and must be in· their possession at the work site,' -·· .. ·-If .. -the -operntors work changes ft(ml that stated in the n'otification specified above, th'is agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this agreement and with other pertinent COde-sections, including but not limited to Fish and Game Code Sections 5650, 5652 and 5948, may result in prosecution, Nothing in this agreement authoriZes the operator to trespass on any land or property, nor does it relieve the operator of responsibility for compliance with applicabfe federaL state, or local laws or ordinances. THIS AGREEMENT IS NOT INTENDED AS: AN APPRO V AL OF A PROJECT' OR . OF SPECIFIC PROJECT FEATURES BY THE DEPARTMENT OF FISH AND GAME. INDEPENDENT REVIEW AND RECOMMENDATIONS WILL BE PROVIDED BY THB DEPARTMENT AS APPROPRIATE ON THOSE PROJECfS WHERE LOCAL, STATE, OR FEDERAL PERMITS OR OTHER ENVIRONMENTAL REPORTS. ARE REQUIRED. This agreement becomes effective'on sigpature. of document ope~Z2 ~.'~. •. . .~e;cl:( C • M ~/:!i~ '9-i . 1;' onstruct~on' anager Title :or s±; ~ F1Sh and Game Warden 379 Organization Fields tone /La Cos ta As s'o'cia t'es:' Limited Partnership Date 7 / 12/91 ·If inspection was not made, cross out words within parentheses. Department of Fish and Game, State of California Date 6/5/91 FG 1060 (»7) ~ 12_ AGREEMENT REevING ~ROPOSED ;;::: ~.~~77~TE~~~~ **AMENDMENT TO AGREEMENT DATED 6/5/91** (Attach to Original) . THIS AGREEMENT, entered into between the State of California, Department of Fish and Game, hereinafter called the Department, ar1 Mike Stewart representing Fieldstone Company c tJ>a n D j ego" ,State of Ca 1 Liorn ia , hereinafter called the operator, is as follows: WHEREAS, pursuant to Division 2, Chapter 6 of California Fish and Game Code, the operator, on the 8th day of May , 19JL, notified the Department that he intends to substantially divert or obstruct the natural flow of, or substantially change the bed, channel or bank of, or use material from the streambed of, the following water: Unnamed tributary to· , in the County of San Diego ,State of California, S 2 T 13S R 4W Encini tas Creek WHEREAS, the Department (represented by Warden Carolyn Doody has made an inspection of subject area on the 23rd day of __ ~M,-=a'.ly ______________________ , 19 91 ,and) has determined that such operations may substantially adversely affed existing fish and wildlife resources inclUding: r i par ian habi tat- and associated wildlife. • THEREFORE, the Department hereby proposes measures to protect fish and wildlife during the operator's work. The operator hereby agrees to accept the following recommendations as part of his werk: Numbers 1, 2 , 4 , 9 , ) 1 , ) 5 I 1 7 , 19 , 20 , 21 and 22. from the list of recommendations on the back of this page and the following special recommendations: 1. All work in or_near the stream or lake shall be confined to the period November 1,1991 to November 1,1992 .• . ' a s fa 1 lows; . ]9.) A separate streambed alteration agreement shall be required for sllbsequent maintenance of the detention basln. Impacts for both construction and approved maintenance activities shall be considered fully mitigated by the implementation of this plan. The party responsible for periodic maintenance of the basin shall be responsible for obtaining a streambed alteration agreement from the Department for such work. The purpose of subsequent agreements is to ensure the detension basin maintenance does not impact areas outside of " the approved project limits, and that no additional mitigation would be required for temporary impacts within these limits for rnaintenande. The operator, as designated by the signature on this agreement, shall be responsible for the execution of .all elements of this agreement. A~pi-{)f-th~--;-greement must be provided to -contractors-and subcontractors and must be in their-possession at the work site. 1f tne o~Ors-work changes from' that stated in-the 'notification-specified above, this agreement is no longer valid and a new .ification shall be submitted to the:Department of Fish and Game. Failure to comply with the provisions of this agreement and with other -tinent Code $...<>ctions, including but not limited to-Fish and Game Code Sections 5650, 5652 and 5948, may result in prosecution. Nothing in this agreement authorizeS·the operator to trespass'on any land or property; nor does it relieve the operator ohesponsibility r compliance with applicable federaL state, or-local laws or·ordinances. THIS AGREEMENT IS -NOT INTENDED AS -AN APPROVAL OF A PROJECT -OR OF SPECIFIC PROJEcr ~ATURES BY THE DEPARTMENT-OF FISH AND GAME. INDEPENDENT REVIEW AND RECOM~ENDATIONS WILL : PROVIDED BY THE DEPARTMENT AS APPROPRIATE ON THOSE PROJECTS WHERE LOCAL, STATE, OR :DERAL PERMITS OR OTHER ENVIRONMENTAL REPORTS ARE -REQUIRED. Construction Man-a:g.er :. '" -_. Title Carolyn Doody/ Game 'Warden 379 ~anization Fieldstone/La-Costa Assoctates Department of Fish and Game, State of California / / Limited Partnership e 7 12 91 Date 7/10/91 ISpedion was not made. cross out words within parentheses. " • STATE OF, CALIFORNIA-THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF FISH AND GAME ''\50 FRONT STREET, ROOM 2041 ~ DIEGO, CA 92101 (619) 237-7311 Page 2 of 4 Streambed Alteration Agreement No. 5-237-91 6.) Equipment shall not operate in a wet stream channel. The entire €i .... :_-: ... . ~. ! II> • , '" .......... '. work area shall be completely dewatered and sufficiently dry prior to any work in the'drainage areas. 7.) Silty/turbid water shall not be discharged into any drainages. 'Such water shall be filtered, settled or other~ise treated prior to discharge. The Operator's ability to minimize stream turbidity shall be the subject of preconstruction planning and feature implementation. 8.) Spoil sites shall not be located near the stream channels, where spoil may be washed back into the stream or placed where it may cover aquatic or riparian vegetation. 9.) Raw cement/concrtete or washings thereof, asphalt, paint or other coating material, petroleum products, or any other substances which could be hazardous to aquatic life, resulting from project related activities, shall be prevented from contaminating the soil and/or entering the waters of the State. Any of these materials, placed within or where they may enter a stream channel, by the Operator or any party working under contract, or with the p~rmission of the Operator shall be removed immediately. 10.) Stationary equipment such as motors, pumps, generators and welders, located near the drainages shall be positioned over drip pans. 11.) Any equipment or vehicles driven adjacent to the drainages shall be checked and maintained daily, to prevent leaks of materials __ , , __ ,_that. if introduced to water could be deleterious to aquatic life. 12.) A wildlife conserva'ti'on 'easement shall be recorded on the riparian -~=~~mitigation property to protect fish and wildlife resources in _--,-,p,-=e ~l2..e t u i t y • 13.) In order to offset ,project impacts, all measures set forth in the Draft Riparian Mitigation Plan~ Arroyo La Costa, Carlsbad CA,dated April 1991 shall be implemented and are binding in this Agreement. 14.) A sufficient water supply 'shall be available at all times'to the existing and enhanced riparian areas for their establishment and maintenance in perpetuity. If it is determined that flows in the drainage are inadequate to support the riparian areas (25.5 acres), then a permanent irrigation ,system shall be insta~led and maintained by the Operator 'for the life of the project. *Special Recommendations ,Continued on Attached Page 3* • STATE OF CALIFORNIA-THE RESOURCES AGENCY DEPARTMENT. OF FISH AND GAME 1350 FRONT STREET, ROOM 2041 ~N DIEGO, CA 92101 \.,19} 237-7311 • Streambed Alteration Agreement No. 5-237-91 GEORGE DEUKMEJIAN, Governor Page 3 of 4 @ 15.) Staging/storage areas for equipment and materials shall be located away,from the drainages and sensitive hab~tat. Access to the work sites shall be via existing roads. 16.) Rock, gravel and/or other materials shal~ not be imported to, taken from ,or moved within the bed or banks of the drainages except as ~therwise provided in the No"tification/Agreement. 17.) The project area shall be fenced to identify the limits of the agreed work area within and adjacent to the drainage areas. Fencing shall be maintained by the Operator during operations to protect sensitive habitat and prevent trespass. 18.) A permanent ~ence shall be constructed and maintained around the the riparian area,noted in the mitigation plan, for the life of ,( the project. 19.) A separate streambed alteration agreement shall be required for subsequent maintenance of the detention basin. 20.) Areas of disturbed soils with slopes toward a stream channel shall be stabilized to reduce erosion potential. Planting, seeding and mulching are conditionally acceptable. ' 21.) The Department reserves the right to enter the project site at any time during operations in order to ensure compliance with the terms/conditions of this Agreement. ---. -' _. -----. - --22-::-) -'-A1:1 provisions of' this' 'Agreement remairi 'in force throughou't the ,- ----term of the Agreemen,t. Any provisions of thi-s Agreement may be --~~'~-~amenaed at any time provided such amendment is agreed to in ________ ':l.r~ ting by botl~ parties. Mutually app.l:-oved amendments become part of the original Agreement and are subject to all previously negotiated provisioqs. 23.) The Operator shall comply with all litter and pollution laws~ All contractors, subcontractors and their employees shall also obey these laws and it is the responsibility of the 'Operator to ensure their compliance. *Special Recommendati'ons Con:ti'nued on Att'ached Pag'e 4*, t ".>~Ai"E OF CALIFORNIA-THE RESOURCES A.f • GEORGE DEUKMEJIAN, Governor DEPARTMENT OF' FISH AND GAME 1350 FRONT STREET, ROOM 2041 SAN DIEGO, CA 92101 .,..19) 237-7311 Page 4 of 4 ~""'.:.::. .. ... \ ! A ... _ ; ,.. t"4, ••••••• Streambed Alteration Agreement No. 5-237-91 24.) Provisions shall be made so that project activities do not take place"in the lower portion of the riparian corridor, or adjacent thereto, during the rainy season and/or spring nesting months. 25.) The Department reserves the right to suspend and/or revoke this Agreement if the Department determines that the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. Failure to comply with the terms of this Agreement. b. The information provided by the Operator in support of the Notification is determined to be incomplete or inaccurate. c. When new information becomes available to the Department representative that was not known when preparing the original terms/conditions of this Agreement. d. The project as described has changed or conditions affecting fish and wildlife resources change. 26.) The Operator shall notify the Department, in writing, at leas~ five (5) days prior to initiation of construction activities and at least five (5) days prior to completion of the project. Notification shall be sent to the Department at 1350 Front St., Room 2041, San Diego, CA 92101. CONCURRENCE ~ o~e~a~ol'~:~ TitJ.e-Construction Mana.er Dep~Rep~tativ~ Fish and Game Warden #379 ~ -"----::.-----..... = ... =,.~ -- Organization-Fieldstone/La Costa Associates Limited Partnership Date-7/12/91 Contractor- ~~--------~-----------(signature) Title-------------------------- Organization---------------------------- Date---------- Department of Fish and Game, State of California 6/5/91 7 • LEUCADIA COUNTY WATER DISTRICT POST OFFICE BOX 2397 • LEUCADIA. CALIFORNIA 92024-0954 • 16191 753-0155 June 30, 1988 The City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Sewer Availability Letter and Sewer Commitment: 1023 EDU's Gentlemen: Property Description: Zone 12 Residential 963 EDU's Elementary School 14 EDU's Junior High School 22 EDU's Recreation Facility 25 EDU's Owner: La .Costa Ranch Co. The property described above is located entirely within the boundaries of the Leucadia County Water District. The foregoing equivalent dwelling units of sewer service are available to the property upon the following terms and conditions: 1) Arrangements shall be made by the owner, at the owner's sole expense, to construct and dedicate to the District the necessary on-site and off-site sewer system to serve the property in accordance with the standard specifica- tions, rules and regulations of the District. 2) Sewer service shall be subject to the payment of connection charges, service lateral charges, sewer service charges and any other applicable charges. NO BUILDING PERMITS SHALL BE ISSUED UNLESS SEWER PERMITS HAVE BEEN PURCHASED. 3) This letter pertains solely to the proposed project to develop the pro- perty, as described above and does not extend to revisions in the project which effect the sewer system or sewer capacity. 4) This letter.is not transferable to any other owner or developer prior to the recordation of the final subdivision map unless the District is notified in writing of the name and address of the transferee including a description of the property. JRG/am Very truly yours, ~(( ~an R. Geiselhart Secretary/Manager DISTRICT OFFICE: 1960 LA COSTA AVENUE. CARLSBAD. CALIFORNIA 92009 REF: 7B City7 June 30, 1988 Mr. Mike Howes Planning Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009 Re: La Costa SW - (ost San Dieguito Union High School District Fees Dear Mike: This letter is written concerning provision for school fees to the San Dieguito Union High School District associated with the La Costa Ranch Co. development for the Southwest Property. Fees will be paid, land will be dedicated, or a combination of the two will occur to satisfy this requirement. We cannot be definite on which option will be selected because discussions on this topic with San Dieguito Union High School District have not been concluded. Very truly yours, RUTH A. BESECKER Project Manager RAB: jb ============== 6670 EI Camino Real, P.o. Box 9000-266 ~ Carlsbad (I California 92009 (I (619) 931-8747===============1 o CAPRI • ENCINITAS UNION SCHOOL DISTRICT June 27, 1988 TO WHOM IT MAY CONCERN: DISTRICT OFFICE 189 Umon Slreet Encinitas, CA 92024 (619) 944-4300 BOARD OF TRUSTEES Anthony J. Brandenburg William Carli Mary Jo Norlman Van Riley Sandra Schultz SUPERINTENDENT Donald E. Lmdstrom ASSISTANT SUPERINTENDENTS Donald Callard, Business Mary Lee Howe, Personnel David Philips, Instruction Encinitas Union School District and La Costa Land Company entered into an agreement in 1976 for the dedication of land for schools (3). This Agreement guarantees the availability for students generated by new housing and remains in effect. Sincerely, .. ~ ~d ~£t4Uf;?~// Donald E. Lindstrom, Ed.D. Superintendent o FLORA VISTA o LA COSTA HEIGHTS o OCEAN KNOLL o PACIFIC VIEW o PARK DALE LANE o PAUL ECKE CENTRAL 941 Capn Road 1690 Wandering Road 3035 Levante Slreet 910 Melba Road 608 Third Slreet 2050 Park Dale Lane 185 Union Slreet Encmitas 92024 Encinitas 92024 Carlsbad 92009 Encimtas 92024 Encinitas 92024 Encinitas 92024 Encinitas 92024 944-4360 944-4329 944-4375 944-4351 944-4339 944-4344 944-4323 Nancy Aushn Raymond O'Toole, Ph.D. Jennifer leffnes Bruce DeMitchell Kay North Greg Ryan Jere Mclnerney, Ph.D. Principal Principal Principal Principal Principal Principal Principal . . e • RECORDING REQUESTED BY AND ) WHEN RECORDED MAl L 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-fir'm name City of Carlsbad Parcel No. AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE June THIS AGREEMENT is entered into this 21st day of -----, 19 ~ by and between BCE Development, Inc. (Name of developer-owner) a Delaware Corporation , hereinafter referred to as -~~--~-~-~-~.--~~------(Corporation, partnership, etc.) "Developer" whose address is Suite 200, 2201 Dupont, Irvine, (Street) California, 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 II Property"; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: 962 single family residential units REV 7-28-87 ·' • on said Property, which development carries the proposed name of -----,--- ARROYO LA COSTA and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 21st day of June ----------------- 19~, with the City a request for Tentative Map, Planned Unit Development and Hillside Development Permit and Site Development Plan hereinafter referred to as II 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 2. .-. 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 21.47 of the Carlsbad MuniCipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits" , "other construction permitll and lIentitlement for usell 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 Titl,es 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 3 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 <4-1 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 I f 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 I N WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: BeE Development, Inc. (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney CITY OF CARLSBAD, a municipal corporation of the State of California By ~~~on~..u~~------MARTIN ORENYAK For City Manager (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 7-28-87 Q) :;::; i= c: <ll () .~ E « f:' ~ ~ ll. E ~O c:o .2 Q) Cti () ~ c: o <ll c.~ ~ ::J o (/) ~E I STATE OF CALIFORNIA Iss. COUNTY OF· _____ ~O~r~a~n~g=e _____ 1 OnL _____ -=J:....u=n=-e=---.:2"-'-9~,'___1_9_8_8 _ _=_--_::_:, before me, the undersigned, a Notary Public in and for H Gordon MacKenzie said State, personally appearedl_-=.::~·_..=....::....:.:.--=---=----=---___________________ ,and _-..:.W.:..:l=· -=l:.:l::.::i~a.:..:m=-_B ____ • __ S_e_i_t_h __________ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as; ________ _ Sen i 0 r Vic e President and As sis t an t _;:s:e:c:re:ta:ry~,~o:n~b:e:h:a:lf~o~f ~~~~~:;-;:;;;:, BeE Development Inc. • OFFICIAL SEAL JENNIFER KRE?TA~ Notary Public-CalifornIa ORANGE COUNTY the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. My Comm. Exp. Oct. 2. 1990 (This area for official notarial seal) 7 -'" ,'. .." ,. EXHIBIT "A" LEGAL DEseRI PTION • Being a portion of the south half of Section 36, Township 12 South, Range 4 ~'i'est, San Bernardino Meridian, together with a portion of fractional Sections 1 and 2, Township 13 South, Range 4 West, San Bernardino Meridian, together with Lot 1 and a portion of Lots 2, 3, 4, 9, 10 and 11 of Rancho Las Encinitas, Map No. 848, all In the County of San Diego, State of California. 8 TENTATIVE TRACT MAP CHECK LIST COMMENTS PROJECT NUMBER ----- 1. 15 tentative map ~:~lC 2. site plan 1 ({i) 1 location map 0 )( 4. EIA}.£ @:"" \fG-J 5. PFF Agreement (2) $25 0 {~ 6. Disclosure e Owner's list & labels (2) + postage ---/VI' {'if!" c;( 600 ft. radius map 9. School fees or dedication 10. School fees avail. letter () K 11. Proof of ~ f\~U 0\'-. 12. Colored site & elevation plan 13. Waive time limits 14. Constraints map DATE ______ _ SIGNATURE ----------------