HomeMy WebLinkAboutCT 89-13; HAMPTONS; Tentative Map (CT)c//,
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City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
(619) 438-1161
'Fee $530.00 (1-25 lots or units)
$765.00 (26-100 lots or units
$1,310.00 (100 + lots or units)
PLANNING DEPARTMENT
TENTATIVE TRACT MAP
Complete Description of Project (attach additional sheets if necessary)
See Attached Sheet 4z ot-iUKITS o'4 7. AE-S.
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Location of Project
See Attached Sheet
The 1'v6J 1 IS Locp-c c4 'p
62114, MOA HPU4OA LA400L In -i4e suc AA0 -1tPz4 be -it -c - t.r.
Legal Description (complete)
See Attached Sheet
Local Facility Management Zone Assessors Parcel Number
#1 207-101-01
Zone General Plan Existing Land Use
P-C RMH 8-11.5 DU/AC Vacant
Proposed Zone Proposed General Plan Site Acreage
PRD SAME 7.8 ± AC
Owner Applicant
Name (Print or Type) Name (Print or Type)
üno & Lea Ferrero Ej Jack, Penelope, Basil Spirt es H.R. Remington Properties
ilailing Address Mailing Address
2101 W. Beverly Street 3 Monarch Bay 'Plaza-Suite 202
City and State Zip Telephone City and State Zip Telephone
Montebello, CA 90640 South Laguna, CA 92677
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 TOA1E BEST 0F1'2 THE ABOVE INFORMATION IS TRUE
4Y KNOWLEDGE. 7 _z/ 1/ AND CORRECT TO THE BEST OF
MY KNOWLEDGE.
VK
N DATE UR.
W1
l
10-
Received By Fees Received Receipt No
5 /f9 $/,3.5) ct12LzJ
PROJECT NUMBER (S) CT 9'
Design/Architectural review
Er Variance for
Rezone from
Tentative Subdivision/Parcel Map
Grading/Land
Planned Resi
Development Permit No._______
ential/Commercial Development
t1-r'F-vJç UYlP-
•;Of-i
APPLI4ON FOR COASTAL DEVELOPMENT PESI
APPENDIX B
LOCAL AGENCY REVIEW FORM
fECTION A (To be completed by applicant)I
Applicant HR REMINGTON PROPERTIES
Project description PRELOAD GRADING TO PREPARE SITE FOR PROPOSED FUTURE
RESIDENTIAL DEVELOPMENT
Location CORNER OF 'PARK DRIVE AND MARINA DRIVE
Assessor's Parcel Number 207-101-01
ISECTION B (TO be completed by local planning or building inspection department)J
Zoning designation ''-U-4E'O du/ac
General or. Community Plan designation 17L!T1,L_t1)1U-4 -'4k e7-15 du/ac
Local Discretionary Approvals
0 Proposed development meets all zoning requirements rand nedsno1ocal permits
other than building permits
1'opose1 development 'needs local discretionary approvals noted below.'
Needed Received '
0 U Site Plan Review
O 0 Condominium Conversion Permit
O 0 Conditional, Special, or Major Use Permit'No.____________
01 D Other '1'- e ?2-/r' f
77-il/--/ 71-tc /c2 1ZWZ- íT)
CEQA Status
0 Categorically Exempt - Class Item___________
'Negative Declaration Granted _z-ni-i__/7, /Tc
Li O Environmental Impact Report Required, Final Report certified_______________
Prepared for the City/County of (i1 by (/A7r72_LuT7
/ Ti
I
'ONTINENTAL LAND TITLE C014. AY
A SUBSIDIARY OF
AYERS TITLE INSURANCE CoRP.ATIoN
• 4542 RUFFNER STREET
SAN DIEGO, CALIFORNIA 92111
(619) 278-4171
CONTINENTAL LAND TITLE COMPANY
1015 NORTH MAIN STREET
SANTA ANA, CA 92701
ATTENTION: LOUISE THOR YOUR No. 11226-LT/cENTRA
DEVELOPMENT COMPANY
OUR No. 123874-05
AMENDED
DATED AS OF DECEMBER 28, 1988 AT 7:30 A.M.
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE
CONTINENTAL LAND TITLE COMPANY
HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED AS OF THE
DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND
THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS
WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN
OR REFERRED TO AS AN EXCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE
PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY
FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR
POLICIES ARE SET FORTH IN THE ATTACHED LIST. 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.
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT Is:
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY [x]
2. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY [XI
3. '-AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURACE POL3)Y) [1
•1
4. AMERICAN LAND TITLE SOCIAlION OWNER'S POLICY
H KI'2'/ Y LUNA TITLE OFFICERS ANDRE PITFORD
A ORDER NO. 123874-05
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO
COVERED BY THIS REPORT Is:
A FEE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED XN
NINO FERRERO AND LEA FERRERO, TRUSTEES OF THE NINO AND LEA FERRERO FAMILY
TRUST UNDER TRUST AGREEMENT DATED APRIL 24, 1984, AS TO AN UNDIVIDED ONE-
HALF INTEREST, JACK N. SPIRTOS AND PENELOPE SPIRTOS, TRUSTEES UNDER TRUST
AGREEMENT DATED APRIL 13, 1984, AS TO AN UNDIVIDED ONE-QUARTER INTEREST,
AND BASIL N. SPIRTOS, AS TRUSTEE OF THE MONTEBELLO 08-GYN MEDICAL GROUP
EMPLOYEES' DEFINED BENEFIT PENSION PLAN AND TRUST, AS TO AN UNDIVIDED ONE-
QUARTER INTEREST
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
SEE ATTACHED DESCRIPTION
,SCHEDULE A PAGE NO. 2 ( )ER NO. 123874-05
LEGAL DESCRIPTION 46
THAT PORTION OF LOT thII RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO.
823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT-CORNER NO. 15 OF SAID LOT "1" AS SHOWN ON SAID MAP NO. 823;
THENCE SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT SOUTH
53°44'35" EAST, 499.45 FEET TO THE MOST SOUTHWESTERLY CORNER OF THAT PARCEL
OF LAND DESCRIBED IN PARCEL 1 OF THE DEED TO ROBERT W. PHIPPS, ET UX,
RECORDED OCTOBER 29, 1958, UNDER DOCUMENT NO. 179767 OF OFFICIAL RECORDS
AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY LINE OF SAID
LAND OF PHIPPS AS FOLLOWS; NORTH 25°01'15" EAST, ,(RECORD - NORTH 24°53'50"
EAST) 597.84 FEET; THENCE CONTINUING ALONG SAID BOUNDARY -LINE SOUTH
47°36'05" EAST, 153.79 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 355.00 FEET; THENCE EASTERLY ALONG SAID CURVE
376.92 FEET, THROUGH AN ANGLE OF 60°50'00"; THENCE TANGENT TO SAID CURVE
NORTH 7133'55" EAST, 100.40 FEET TO THE NORTHEASTERLY CORNER OF SAID LAND
OF PHIPPS; THENCE ALONG THE BOUNDARY LINE OF SAID-LAND OF PHIPPS, SOUTH
2501'15" WEST, 780.49 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT THENCE
NORTH 6425'37" WEST, ALONG SAID SOUTHWESTERLY LINE 183.96 FEET TO CORNER
16 OF SAID LOT "i"; THENCE CONTINUING ALONG THE SOUTHWESTERLY LINE OF SAID
LOT, NORTH 53°44'35" WEST, 393.80 FEET TO THE TRUE POINT OF BEGINNING.
3
SCHEDULE B
.
.
ORDER NO. 123874-05
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEP-
TIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS
REPORT WOULD BE AS FOLLOWS:
1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES LEVIED
FOR THE FISCAL YEAR 1988-1989 WHICH ARE A LIEN.
SECOND INSTALLMENT: PAYABLE BUT NOT YET DUE
2. THE LIEN OFiSUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO-
VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE
AND TAXATION CODE, OF THE STATE OF CALIFORNIA.
3. / AN EASEMENT FOR THE PURPOSES SHOWN BELOW AND RIGHTS -INCIDENTAL
THERETO AS RESERVED IN A DOCUMENT
PURPOSE: ROAD, SEWER, GAS, POWER AND TELEPHONE WIRES
RECORDED: OCTOBER 29, 1958 IN BOOK 7324, PAGE 195 OF OFFI-
CIAL RECORDS
AFFECTS: OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND
30.00 FEET IN WIDTH LYING SOUTHERLY OF AND
ADJOINING THE NORTHERLY LINE OF PARCEL 1 HEREIN
DESCRIBED
4. / AN EASEMENT FOR THE PURPOSES SHOWN BELOW AND RIGHTS INCIDENTAL
THERETO AS RESERVED IN A DOCUMENT
PURPOSE: ROAD, SEWER, WATER, GAS
RECORDED: OCTOBER 29, 1958 IN BOOK 7324, PAGE 195 OF OFFI-
CIAL RECORDS
AFFECTS: OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND
25.00 FEET IN WIDTH, LYING NORTHWESTERLY OF AND
ADJOINING THE NORTHEASTERLY 680.49 FEET OF THE
SOUTHEASTERLY LINE OF PARCEL 1 HEREIN DESCRIBED
5. /AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL
THERETO AS SET FORTH IN A DOCUMENT
GRANTED T0 CITY OF CARLSBAD
PURPOSE: ERECTING, CONSTRUCTING, RECONSTRUCTING,
REPLACING, REPAIRING, MAINTAINING, AND
OPERATING WATER SYSTEM, SEWERAGE, DRAINAGE,
POWER LINE, EXCAVATION AND/OR EMBANKMENT
FACILITIES
RECORDED: SEPTEMBER 8, 1965 AS FILE/PAGE NO. 163047 OF
OFFICIAL RECORDS
AFFECTS: A STRIP OF LAND 10 FEET IN WIDTH LYING
SOUTHERLY OF AND ADJOINING THE NORTHERLY
LINE OF THE HEREIN DESCRIBED PROPERTY
SAID DEED RECITES: "GRANTOR COVENANTS FOR HIMSELF, HIS SUCCESSORS
AND ASSIGNS, NOT TO PLACE OR MAINTAIN ANY BUILDING OR STRUCTURE ON
SAID EASEMENT."
CHDULE B PAGE NO. 2 RDER NO. 123874-05
. .
6. / AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL
THERETO AS SET FORTH IN A DOCUMENT
GRANTED TO: CITY OF CARLSBAD
PURPOSE: ERECTING, CONSTRUCTING, RECONSTRUCTING,
REPLACING, REPAIRING, MAINTAINING, AND
OPERATING WATER SYSTEM, SEWERAGE, DRAINAGE,
POWER LINE, EXCAVATION, AND/OR EMBANKMENT
FACILITIES
RECORDED: JUNE 2 1 1971 AS FILE/PAGE NO. 115381 OF
OFFICIAL RECORDS
AFFECTS: - AS FOLLOWS:
ALL OF THAT PORTION OF LOT "I ", OF RANCHO AGUA HEDIONDA, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
THE MAP THEREOF NO. 823, AS RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896 THAT IS CONTAINED
WITHIN A STRIP OF LAND 7.50 FEET IN WIDTH, BEING ADJACENT TO AND
SOUTHERLY OF A LINE THAT IS 10.00 FEET SOUTHERLY OF THE NORTHERLY
LINE OF THAT PORTION OF SAID LOT "I" SHOWN ON RECORD OF SURVEY NO.
4852 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
SAID NORTHERLY LINE BEING ALSO THE CENTER LINE OF THAT 60 FOOT WIDE
EASEMENT SHOWN ON SAID RECORD OF SURVEY.
SAID 7.50 FOOT WIDE STRIP OF LAND IS TO BE EXTENDED AND SHORTENED SO
AS TO BEGIN IN THE WESTERLY LINE OF SAID PORTION OF LOT "I" SHOWN ON
SAID RECORD OF SURVEY NO. 4852, AND TO END IN THE EASTERLY LINE OF
SAID PORTION OF LOT "I" SHOWN ON SAID RECORD OF SURVEY NO. 4852.
SAID DEED RECITES: "GRANTOR COVENANTS FOR HIMSELF, HIS SUCCESSORS
AND ASSIGNS, NOT TO PLACE OR MAINTAIN ANY BUILDING OR STRUCTURE ON
SAID EASEMENT."
7. " AN EASEMENT FOR AERIAL AND UNDERGROUND TELEGRAPH, TELEPHONE, AND COM-
MUNICATION STRUCTURES AND PURPOSES INCIDENTAL THERETO AS GRANTED TO
PACIFIC TELEPHONE AND TELEGRAPH COMPANY, BY DEED RECORDED MARCH 30,
1976 AS FILE/PAGE NO. 76-092217 OF OFFICIAL RECORDS
AFFECTS: THAT PORTION OF SAID PROPERTY OF SAID PROPERTY
LYING WITHIN A STRIP OF LAND 42.00 FEET IN WIDTH
LYING SOUTHERLY, SOUTHWESTERLY AND WESTERLY OF
AND ABUTTING THE FOLLOWING DESCRIBED LINE. (SAID
LINE BEING THE CENTER LINE OF PARK DRIVE)
BEGINNING AT STATION NO. 11+54.00 ON THE CENTER LINE OF PARK DRIVE,
BEING ALSO THE INTERSECTION OF THE CENTER LINES OF PARK DRIVE AND
NEBLINA DRIVE, AS SAID DRIVES ARE SHOWN ON CITY OF CARLSBAD PROJECT
NO. 72-18B, DRAWING NO. 166-3B, SHEET 3 OF 3 SHEETS, ON FILE IN THE
ENGINEERING DEPARTMENT OF THE CITY OF CARLSBAD; THENCE ALONG SAID
CENTER LINE OF PARK DRIVE, SOUTH 5929'39" EAST, 159.68 FEET TO THE
TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID CENTER LINE
NORTH 592939" WEST, 183.64 FEET; THENCE WESTERLY AND SOUTHWESTERLY
420.25 FEET ALONG A TANGENT CURVE, CONCAVE SOUTHERLY HAVING A RADIUS
OF 492.00 FEET; THENCE SOUTH 71°33'55" WEST, 43.76 FEET; THENCE
SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY 449.12 FEET ALONG A TANGENT
CURVE, CONCAVE NORTHERLY HAVING A RADIUS OF 423.00 FEET; THENCE NORTH
4736'05" WEST, 116.00 FEET TO THE POINT OF TERMINATION.
01
CHEDULE B PAGE HO. 3
.
RDER NO. 123874-05
.
8. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED:
BY AND BETWEEN: THE STATE OF CALIFORNIA, ACTING BY AND THROUGH
THE STATE LANDS COMMISSION AND NINO FERRERO AND
LEA FERRERO, TRUSTEES OF THE NINO AND LEA FERRERO
FAMILY TRUST DATED APRIL 24, 1984, JACK N. SPIR-
TOS AND PENELOPE SPIRTOS, TRUSTEES UNDER TRUST
AGREEMENT DATED APRIL 13, 1984, AND BASIL N.
SPIRTOS
REGARDING: A NON-EXCLUSIVE EASEMENT FOR PUBLIC ACCESS
RECORDED: JANUARY 26, 1987 AS FILE/PAGE NO. 87-039952 OF
OFFICIAL RECORDS
.
/ AN EASEMENT FOR THE PURPOSE-SHOWN BELOW AND RIGHTS INCIDENTAL
THERETO AS SET FORTH IN A DOCUMENT
To: O GRANTED STATE OF CALIFORNIA
PURPOSE: PUBLIC ACCESS RECREATION AND NAVIGATION
RECORDED: JANUARY 26, 187 AS FILE/PAGE NO. 87-39952
OF OFFICIAL RECORDS
AFFECTS: SAID LAND IS SHOWN ON THAT CERTAIN RECORD OF
• SURVEY NO. 10874, RECORDS OF SAN DIEGO COUNTY
10. -"'AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL
06- THERETO AS SET FORTH IN A DOCUMENT
GRANTED TO: STATE OF CALIFORNIA
PURPOSE: PUBLIC ACCESS (INGRESS AND EGRESS)
RECORDED: JANUARY 26, 1987 AS FILE/PAGE NO. 87-39952
OF OFFICIAL RECORDS
AFFECTS: SAID LAND IS SHOWN ON THAT CERTAIN RECORD OF
SURVEY RECORDED AS SURVEY NO. 10874, RECORDS
OF SAN DIEGO COUNTY
11. A RECORD OF SURVEY MAP PURPORTING TO SHOW VARIOUS BOUNDARIES AND
DIMENSIONS OF SAID LAND. / • • • ,' ,(
MAP NO.: 10874 • •
12. J AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIÔENTAL
c9 THERETO AS SET FORTH IN A DOCUMENT
GRANTED TO: CITY OF CARLSBAD
PURPOSE: PUBLIC HIGHWAY
RECORDED: MAY 13, 1988 AS FILE/PAGE NO. 88-226630 OF
OFFICIAL RECORDS
AFFECTS: AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF
LAND DESCRIBED IN DOCUMENT NO. 151628 RECORDED OCTOBER 3, 1967
OF OFFICIAL RECORDS; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF
SAID LAND SOUTH 47°43.'30" EAST 153.83 FEET TO THE BEGINNING OF A
TANGENT 355 FOOT RADIUS CURVE, CONCAVE NORTHERLY THROUGH A
CENTRAL ANGLE OF 60°50'00" AN ARC DISTANCE OF 376.92 FEET;
THENCE TANGENT TO SAID CURVE NORTH 71°26'30" EAST 100.32 FEET TO
THE MOST EASTERLY CORNER OF SAID PARCEL OF LAND; THENCE ALONG
THE SOUTHEASTERLY BOUNDARY THEREOF SOUTH 24°53'50" WEST 46.84
• ,•(fi3_ jc •
CHEDULE B PAGE NO. 4 IRDER NO. 123874-05
.• .
FEET; THENCE LEAVING SAID BOUNDARY ALONG A LINE PARALLEL WITH
AND DISTANT THEREON 34 FEET SOUTHERLY FROM THE AFOREMENTIONED
LINE HAVING A COURSE NORTH 7126'30" EAST 32.88 FEET TO THE
BEGINNING OF A TANGENT 449 FOOT RADIUS CURVE, CONCAVE NORTHERLY;
THENCE WESTERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 60°50'00" AN ARC DISTANCE OF 470.26 FEET;
THENCE TANGENT TO SAID CURVE NORTH 47°43'30" WEST 40.16 FEET TO
THE BEGINNING OF A TANGENT 469 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 3°07'37" AN ARC DISTANCE OF 25.60 FEET TO A
POINT OF A O' REVERSE CURVE, CONCAVE SOUTHERLY; THENCE NORTH-
WESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 110030t17u AN ARC DISTANCE OF 57.86 FEET TO A POINT OF CUSP
ON THE NORTHWESTERLY LINES OF SAID PARCEL OF LAND; THENCE
TANGENT TO SAID POINT OF CUSP ALONG SAID NORTHWESTERLY LINE,
NORTH 24°53'50" EAST 75.67 FEET TO THE POINT OF BEGINNING.
13. ANY INVALIDITY OR DEFECT IN THE TITLE OF THE VESTEES IN THE EVENT
THAT THE TRUST REFERRED TO IN THE VESTING PORTION OF SCHEDULE A IS
INVALID OR FAILS TO GRANT SUFFICIENT POWERS TO THE TRUSTEE(S) OR IN
THE EVENT THERE IS A LACK OF COMPLIANCE WITH THE TERMS AND PROVISIONS
OF THE TRUST INSTRUMENT.
14. IF TITLE IS TO BE INSURED IN THE TRUSTEE(S) OF A TRUST, (OR IF THEIR
ACT IS TO BE INSURED), THIS COMPANY WILL REQUIRE A COPY OF THE TRUST
INSTRUMENT CREATING SUCH TRUST, AND ALL AMENDMENTS THERETO, TOGETHER
WITH A WRITTEN VERIFICATION BY ALL PRESENT TRUSTEES THAT THE COPY IS
A TRUE AND CORRECT COPY OF THE TRUST, AS IT MAY HAVE BEEN AMENDED,
THAT IT IS IN FULL FORCE AND EFFECT AND THAT IT HAS NOT BEEN REVOKED
OR TERMINATED.
.:L.4
I 15. AN ADVERSE CLAIM BASED UPON THE ASSERTION THAT SOME PORTION OF SAID
LAND IS TIDE OR SUBMERGED LANDS, OR HAS BEEN CREATED BY ARTIFICIAL
MEANS OR HAS ACCRETED TO SUCH PORTION SO CREATED.
( 16. SUCH RIGHTS AND EASEMENTS FOR NAVIGATION AND FISHERY WHICH MAY EXIST
OVER THAT PORTION OF SAID LAND LYING BENEATH THE WATERS
OF: LAGOON
17. ANY EASEMENTS NOT DISCLOSED BY THOSE PUBLIC RECORDS WHICH IMPART
CONSTRUCTIVE NOTICE AND WHICH ARE NOT VISIBLE AND APPARENT FROM AN
INSPECTION OF THE SURFACE OF SAID LAND.
18. WATER RIGHTS, CLAIMS OR TITLE TO WATER.
19. ANY EASEMENT OR CLAIM OF EASEMENT BASED UPON PRESCRIPTION OR BY
• IMPLIED DEDICATION TO THE PUBLIC, OVER SAID LAND OR ANY PART THEREOF,
FOR ACCESS OF ADJOINING BEACH OR BODY OF WATER FOR RECREATION PUR-
POSES.
7
- "HEDULE B PAGE NO. 5 'iDER NO. 123874-05 • S
20. THIS COMPANY WILL REQUIRE THAT A, CORRECT SURVEY OF SAID LAND, SATIS-
FACTORY TO THIS COMPANY, BE SUBMITTED. IT IS RECOMMENDED THAT THE
SURVEYOR CONTACT THIS COMPANY PRIOR TO STARTING THE SURVEY.
21. BEFORE ISSUING ITS POLICY OF TITLE INSURANCE, THIS COMPANY WILL
REQUIRE EVIDENCE, SATISFACTORY TO THE COMPANY THAT CENTRA DEVELOPMENT
COMPANY
(A) IS VALIDLY FORMED ON THE DATE WHEN DOCUMENTS IN THIS TRANSACTION
ARE TO BE SIGNED AND
(B) IS IN GOOD STANDING AND AUTHORIZED TO DO BUSINESS IN THE STATE
OR COUNTRY WHERE THE CORPORATION WAS FORMED.
22. THIS COMPANY WILL REQUIRE THE FOLLOWING TO INSURE A' LOAN BY OR A CON-
VEYANCE FROM, THE ENTITY NAMED BELOW:
CENTRA DEVELOPMENT COMPANY
(A) A COPY OF THE CORPORATION BY-LAWS OR ARTICLES
(B) AN ORIGINAL OR CERTIFIED COPY OF THE RESOLUTION AUTHORIZING THE
SUBJECT TRANSACTION.
NOTE NO. 1:
IT IS OUR UNDERSTANDING THAT THE BUYERS IN THIS TRANSACTION ARE:
CENTRA DEVELOPMENT CORPORATION
PLEASE ADVISE US IMMEDIATELY IF THE NAMES ARE MISSPELLED, OR IF THERE
ARE ANY OTHER PARTIES NOT SHOWN HEREIN ABOVE.
NOTE NO. 2:
THERE ARE NO CONVEYANCES AFFECTING SAID LAND, RECORDED WITHIN SIX (6)
MONTHS OF THE DATE OF 'THIS REPORT.
NOTE NO. 3:
PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PURPOSES
AND THE AMOUNTS ARE:
FISCAL YEAR 1988 - 1989
1ST INSTALLMENT: $2,706.35 PAID
PENALTY: $NONE
2ND INSTALLMENT: $2,706.35 OPEN
PENALTY: SNONE
EXEMPTION: $NONE
LAND: $483,523.00
IMPROVEMENTS: $NONE
PERSONAL PROPERTY: $NONE
CODE AREA: 09000
ASSESSOR'S NO: 207-101-01
81
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EXHIBIT A"
4
/7
'ONTINENTAL LAND TITLE COM. AY
A SUBSIDIARY OF
LOWYERs TITLE INSURANCE COR ATION
4542 RUFFNER STREET
SAN DIEGO, CALIFORNIA 92111
(619) 278-4171
CONTINENTAL LAND TITLE COMPANY
1015 NORTH 'MAIN STREET
SANTA AMA, CA 92701
ATTENTION: LOUTSE THOR YOUR No. 11226-LT/cENTRA
DEVELOPMENT COMPANY
OUR No. 123874-05
AMENDED
DATED AS OF DECEMBER 28, 1988 AT 7:30 A.M.
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE
CONTINENTAL LAND TITLE COMPANY
HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED AS OF THE
DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND
THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS
WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN
OR REFERRED TO AS AN EXCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE
PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY
FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR
POLICIES ARE SET FORTH IN THE ATTACHED LIST. 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.
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY [x]
2. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY [XI
3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURAjCE POL3,Y7 []
, .
' 4. AMERICAN LAND TITLE ION OWNER S POLICY F
ANDRE PIT\1FORD, KI TY LUNA/TITLE OFFICERS'
, ORDER NO. 123874-05
. .
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO
COVERED BY THIS REPORT Is:
A FEE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN
NIP4O FERRERO AND LEA FERRERO, TRUSTEES OF THE NINO AND LEA FERRERO FAMILY
TRUST UNDER TRUST AGREEMENT DATED APRIL 24, 194, AS TO AN UNDIVIDED ONE-
HALF INTEREST, JACK N. SPIRTOS AND PENELOPE SPIRTQS, TRUSTEES UNDER TRUST
AGREEMENT DATED APRIL 13, 1984, AS TO AN UNDIVIDED ONE-QUARTER INTEREST,
AND BASIL N. SPIRTOS, AS TRUSTEE OF THE MONTEBELLO OB-GYN MEDICAL GROUP
EMPLOYEES' DEFINED BENEFIT PENSION PLAN AND TRUST, AS TO AN UNDIVIDED ONE-
QUARTER INTEREST
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
SEE ATTACHED DESCRIPTION
SCHEDULE A PAGE NO. 2
ER NO. 123874-05
LEGAL DESCRIPTION
THAT PORTION OF LOT 11111 RANCHO AQUA HEDIONDA, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO.
823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT-CORNER NO. 15 OF SAID LOT "I" AS SHOWN ON SAID MAP NO. 823;
THENCE SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT "I", SOUTH
5344'35" EAST, 499.45 FEET TO THE MOST SOUTHWESTERLY CORNER OF THAT PARCEL
OF LAND DESCRIBED IN PARCEL 1 OF THE DEED TO ROBERT W. PHIPPS, ET UX,
RECORDED OCTOBER 29, 1958, UNDER DOCUMENT NO. 179767 OF OFFICIAL RECORDS
AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY LINE OF SAID
LAND OF PHIPPS AS FOLLOWS; NORTH 25°01'15" EAST, (RECORD - NORTH 24°53'50"
EAST) 597.84 FEET; THENCE CONTINUING ALONG SAID BOUNDARY -LINE SOUTH
4736'05" EAST, 153.7,9 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 355.00 FEET; THENCE EASTERLY ALONG SAID CURVE
376.92 FEET, THROUGH AN ANGLE OF 60°50'00"; THENCE TANGENT TO SAID CURVE
NORTH 71°33'55" EAST, 100.40 FEET TO THE NORTHEASTERLY CORNER OF SAID LAND
OF PHIPPS THENCE ALONG THE BOUNDARY LINE OF SAID LAND OF PHIPPS, SOUTH
2501'15" WEST, 780.49 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT; THENCE
NORTH 64°25'37" WEST, ALONG SAID SOUTHWESTERLY LINE 183.96 FEET TO CORNER
16 OF SAID LOT MItt; THENCE CONTINUING ALONG THE SOUTHWESTERLY LINE OF SAID
LOT, NORTH 53°44'35" WEST, 393.80 FEET TO THE TRUE POINT OF BEGINNING.
SCHEDULE B
.
ORDER NO. 123874-05
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEP-
TIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS
REPORT WOULD BE AS FOLLOWS:
1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES LEVIED
FOR THE FISCAL YEAR 1988-1989 WHICH ARE A LIEN.
SECOND INSTALLMENT: PAYABLE BUT NOT YET DUE
2. THE LIEN OFSUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO-
VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE
AND TAXATION CODE, OF THE STATE OF CALIFORNIA.
3. AN EASEMENT FOR THE PURPOSES SHOWN BELOW AND RIGHTS INCIDENTAL
THERETO AS RESERVED IN A DOCUMENT
PURPOSE: ROAD, SEWER, GAS, POWER AND TELEPHONE WIRES
RECORDED: OCTOBER 29, 1958 IN BOOK 7324, PAGE 195 OF OFFI-
CIAL RECORDS
AFFECTS: OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND
30.00 FEET IN WIDTH LYING SOUTHERLY OF AND
ADJOINING THE NORTHERLY LINE OF PARCEL 1 HEREIN
DESCRIBED
4. AN EASEMENT FOR THE PURPOSES SHOWN BELOW AND RIGHTS INCIDENTAL
THERETO AS RESERVED IN A DOCUMENT
PURPOSE: ROAD, SEWER, WATER, GAS
RECORDED: OCTOBER 29, 1958 IN BOOK 7324, PAGE 195 OF OFFI-
CIAL RECORDS
AFFECTS: OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND
25.00 FEET IN WIDTH, LYING NORTHWESTERLY OF AND
ADJOINING THE NORTHEASTERLY 680.49 FEET OF THE
SOUTHEASTERLY LINE OF PARCEL 1 HEREIN DESCRIBED
5. AN EASEMENT FOR THE, PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL
THERETO AS SET FORTH IN A DOCUMENT
GRANTED To: CITY OF CARLSBAD
PURPOSE: ERECTING, CONSTRUCTING, RECONSTRUCTING,
REPLACING, REPAIRING, MAINTAINING, AND
OPERATING WATER SYSTEM, SEWERAGE, DRAINAGE,
POWER LINE, EXCAVATION AND/OR EMBANKMENT
FACILITIES
RECORDED: SEPTEMBER 8, 1965 AS FILE/PAGE NO. 163047 OF
OFFICIAL RECORDS
AFFECTS: A STRIP OF LAND 10 FEET IN WIDTH LYING
SOUTHERLY OF AND ADJOINING THE NORTHERLY
LINE OF THE HEREIN DESCRIBED PROPERTY
SAID DEED RECITES: "GRANTOR COVENANTS FOR HIMSELF, HIS SUCCESSORS
AND ASSIGNS, NOT TO PLACE OR MAINTAIN ANY BUILDING OR STRUCTURE ON
SAID EASEMENT."
4-
CHDULE B PAGE NO. 2 RDER NO. 123874-05
. .
6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL
THERETO AS SET FORTH IN A DOCUMENT
GRANTED To: CITY OF CARLSBAD
PURPOSE: ERECTING, CONSTRUCTING, RECONSTRUCTING,
REPLACING, REPAIRING, MAINTAINING, AND
OPERATING WATER SYSTEM, SEWERAGE, DRAINAGE,
POWER LINE, EXCAVATION, AND/OR EMBANKMENT
FACILITIES
RECORDED: JUNE 2, 1971 AS FILE/PAGE NO. 115381 OF
OFFICIAL RECORDS
AFFECTS: AS FOLLOWS:
ALL OF THAT PORTION OF LOT "I ", OF RANCHO AGUA HEDIONDA, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
THE MAP THEREOF. NO. 823, AS RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896 THAT IS CONTAINED
WITHIN A STRIP OF LAND 7.50 FEET IN WIDTH, BEING ADJACENT TO AND
SOUTHERLY OF A LINE THAT IS 10.00 FEET SOUTHERLY OF THE NORTHERLY
LINE OF THAT PORTION OF SAID LOT "I" SHOWN ON RECORD OF SURVEY NO.
4852 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
SAID NORTHERLY LINE BEING ALSO THE CENTER LINE OF THAT 60 FOOT WIDE
EASEMENT SHOWN ON SAID RECORD OF SURVEY.
SAID 7.50 FOOT WIDE STRIP OF LAND IS TO BE EXTENDED AND SHORTENED SO.
AS TO BEGIN IN THE WESTERLY LINE OF SAID PORTION OF LOT "I" SHOWN ON
SAID RECORD OF SURVEY NO. 4852, AND TO END IN THE EASTERLY LINE OF
SAID PORTION OF LOT "I" SHOWN ON SAID RECORD OF SURVEY NO. 4852.
SAID DEED RECITES: "GRANTOR COVENANTS FOR HIMSELF, HIS SUCCESSORS
AND ASSIGNS, NOT TO PLACE OR MAINTAIN ANY BUILDING OR STRUCTURE ON
SAID EASEMENT."
7. AN EASEMENT FOR AERIAL AND UNDERGROUND TELEGRAPH1 TELEPHONE, AND COM-
MUNICATION STRUCTURES AND PURPOSES INCIDENTAL THERETO AS GRANTED TO
PACIFIC TELEPHONE AND TELEGRAPH COMPANY, BY DEED RECORDED MARCH 30,
1976 AS FILE/PAGE NO. 76-092217 OF OFFICIAL RECORDS
AFFECTS: THAT PORTION OF SAID PROPERTY OF SAID PROPERTY
LYING WITHIN A STRIP OF LAND 42.00 FEET IN WIDTH
LYING SOUTHERLY, SOUTHWESTERLY AND WESTERLY OF
AND ABUTTING THE FOLLOWING DESCRIBED LINE. (SAID
LINE BEING THE CENTER LINE OF PARK DRIVE)
BEGINNING AT STATION NO. 11+54.00 ON THE CENTER LINE OF PARK DRIVE,
BEING ALSO THE INTERSECTION OF THE CENTER LINES OF PARK DRIVE AND
NEBLINA DRIVE, AS SAID DRIVES ARE SHOWN ON CITY OF CARLSBAD PROJECT
NO. 72-18B, DRAWING NO. 166-3B, SHEET 3 OF 3 SHEETS, ON FILE IN THE
ENGINEERING DEPARTMENT OF THE CITY OF CARLSBAD; THENCE ALONG SAID
CENTER LINE OF PARK DRIVE, SOUTH 59°29'39" EAST, 159.68 FEET TO THE
TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID CENTER LINE
NORTH 59°29'39" WEST, 183.64 FEET; THENCE WESTERLY AND SOUTHWESTERLY
420.25 FEET ALONG A TANGENT CURVE, CONCAVE SOUTHERLY HAVING A RADIUS
OF 492.00 FEET; THENCE SOUTH 7133'55" WEST, 43.76 FEET; THENCE
SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY 449.12 FEET ALONG A TANGENT
CURVE, CONCAVE NORTHERLY HAVING A RADIUS OF 423.00 FEET; THENCE NORTH
47°36'05" WEST, 116.00 FEET TO THE POINT OF TERMINATION.
51
CHEDULE B PAGE NO. 3 RDER no. 123874-05
. .
8. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED:
BY AND BETWEEN: THE STATE OF CALIFORNIA, ACTING BY AND THROUGH
THE STATE LANDS COMMISSION AND NINO FERRERO AND
LEA FERRERO, TRUSTEES OF THE NINO AND LEA FERRERO
FAMILY TRUST DATED APRIL 24, 1984, JACK N. SPIR-
TOS AND PENELOPE SPIRTOS, TRUSTEES UNDER TRUST
AGREEMENT DATED APRIL 13, 1984, AND BASIL N.
SPIRTOS
REGARDING: i A NON-EXCLUSIVE EASEMENT FOR PUBLIC ACCESS
RECORDED: JANUARY 26, 1987 AS FILE/PAGE No. 87-039952 OF
OFFICIAL RECORDS
9. AN EASEMENT FOR THE PURPOSE-SHOWN BELOW AND RIGHTS INCIDENTAL
THERETO AS SET FORTH IN A DOCUMENT
GRANTED TO: STATE OF CALIFORNIA
PURPOSE: PUBLIC ACCESS, RECREATION AND NAVIGATION
RECORDED: JANUARY 26, 1987 AS FILE/PAGE NO. 87-39952
OF OFFICIAL RECORDS
AFFECTS: SAID LAND IS SHOWN ON THAT CERTAIN RECORD OF
SURVEY No. 10874, RECORDS OF SAN DIEGO COUNTY
10. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL
THERETO AS SET FORTH IN A DOCUMENT
GRANTED TO: STATE OF CALIFORNIA
PURPOSE: PUBLIC ACCESS (INGRESS AND EGRESS)
RECORDED: JANUARY 26, 1987 AS FILE/PAGE NO. 87-39952
OF OFFICIAL RECORDS
AFFECTS: SAID LAND IS SHOWN ON THAT CERTAIN RECORD OF
SURVEY RECORDED AS SURVEY NO. 10874, RECORDS
OF SAN DIEGO COUNTY
11. A RECORD OF SURVEY MAP PURPORTING TO SHOW VARIOUS BOUNDARIES AND
DIMENSIONS OF SAID LAND. i L'
MAP NO. 10874
12. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL
THERETO AS SET FORTH IN A DOCUMENT
GRANTED TO CITY OF CARLSBAD
PURPOSE: PUBLIC HIGHWAY
RECORDED: MAY 13, 1988 AS FILE/PAGE NO. 88-226630 or
OFFICIAL RECORDS
AFFECTS: AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF
LAND DESCRIBED IN DOCUMENT No. 151628 RECORDED OCTOBER 3, 1967
OF OFFICIAL RECORDS; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF
SAID LAND SOUTH 47°43'30" EAST 153.83 FEET TO THE BEGINNING OF A
TANGENT 355 FOOT RADIUS CURVE, CONCAVE NORTHERLY THROUGH A
CENTRAL ANGLE OF 60°50'00" AN ARC DISTANCE OF 376.92 FEET;
THENCE TANGENT TO SAID CURVE NORTH 7126'30" EAST 100.32 FEET TO
THE MOST EASTERLY CORNER OF SAID PARCEL OF LAND; THENCE ALONG
THE SOUTHEASTERLY BOUNDARY THEREOF SOUTH 24°53'50" WEST 46.84
/1
CHEDULE B PAGE NO. 4 IRDER NO. 123874-05
.• .
FEET; THENCE LEAVING SAID BOUNDARY ALONG A LINE PA1ALLEL WITH
AND DISTANT THEREON 34 FEET SOUTHERLY FROM THE AFOREMENTIONED
LINE HAVING A COURSE NORTH 71°26'30" EAST 32.88 FEET TO THE
BEGINNING OF A TANGENT 449 FOOT RADIUS CURVE, CONCAVE NORTHERLY;
THENCE WESTERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL. ANGLE OF 60°50'00" AN ARC DISTANCE OF 470.26 FEET;
THENCE TANGENT TO SAID CURVE NORTH 47°43'30 WEST 40.16 FEET TO
THE BEGINNING OF A TANGENT 469 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 307'37" AN ARC DISTANCE OF 25.60 FEET TO A
POINT OF A 30' REVERSE CURVE, CONCAVE SOUTHERLY; THENCE NORTH-
WESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 11030'17" AN ARC DISTANCE OF 57.86 FEET TO A POINT OF CUSP
ON THE NORTHWESTERLY LINES OF SAID PARCEL OF LAND; THENCE
TANGENT TO SAID POINT OF CUSP ALONG SAID NORTHWESTERLY LINE,
NORTH 2453'50" EAST 75.67 FEET TO THE POINT OF BEGINNING.
13. ANY INVALIDITY OR DEFECT IN THE TITLE OF THE VESTEES IN THE EVENT
THAT THE TRUST REFERRED TO IN THE VESTING PORTION OF SCHEDULE A IS
INVALID OR FAILS TO GRANT SUFFICIENT POWERS TO THE TRUSTEE(S) OR IN
THE EVENT THERE IS A LACK OF COMPLIANCE WITH THE TERMS AND PROVISIONS
OF THE TRUST INSTRUMENT.
14. IF TITLE IS TO BE INSURED IN THE TRUSTEE(S) OF A TRUST, (OR IF THEIR
ACT IS TO BE INSURED), THIS COMPANY WILL REQUIRE A COPY OF THE TRUST
INSTRUMENT CREATING SUCH TRUST, AND ALL AMENDMENTS THERETO, TOGETHER
WITH A WRITTEN VERIFICATION BY ALL PRESENT TRUSTEES THAT THE COPY IS
A TRUE AND CORRECT COPY OF THE TRUST, AS IT MAY HAVE BEEN AMENDED,
THAT IT IS IN FULL FORCE AND EFFECT AND THAT IT HAS NOT BEEN REVOKED
OR TERMINATED.
15. ANY/ADVERSE CLAIM BASED UPON THE ASSERTION THAT SOME PORTION OF SAID
LAND IS TIDE OR SUBMERGED LANDS, OR HAS BEEN CREATED BY ARTIFICIAL
MEANS OR HAS ACCRETED TO SUCH PORTION SO CREATED.
16. SUCH RIGHTS AND EASEMENTS FOR.NAVIGATION AND FISHERY WHICH MAY EXIST
OVER THAT PORTION OF SAID LAND LYING BENEATH THE WATERS
OF: LAGOON
17. ANY EASEMENTS NOT DISCLOSED BY THOSE PUBLIC RECORDS WHICH IMPART
CONSTRUCTIVE NOTICE AND WHICH ARE NOT VISIBLE AND APPARENT FROM AN
INSPECTION OF THE SURFACE OF SAID LAND.
18. WATER RIGHTS, CLAIMS OR TITLE TO WATER.
/19. ANY EASEMENT OR CLAIM OF EASEMENT BASED UPON PRESCRIPTION OR BY
I' IMPLIED DEDICATION TO THE PUBLIC, OVER SAID LAND OR ANY PART THEREOF,
FOR ACCESS OF ADJOINING BEACH 'OR BODY OF WATER FOR RECREATION PUR-
POSES.
7
- HEDULE B PAGE HO. 5 'LDER NO. 123874-05
..
20. THIS COMPANY WILL REQUIRE THAT A, CORRECT SURVEY OF SAID LAND, SATIS-
FACTORY TO THIS COMPANY, BE SUBMITTED. IT IS RECOMMENDED THAT THE
SURVEYOR CONTACT THIS COMPANY PRIOR TO STARTING THE SURVEY.
21. BEFORE ISSUING ITS POLICY OF TITLE INSURANCE, THIS COMPANY WILL
REQUIRE EVIDENCE, SATISFACTORY TO THE COMPANY THAT CENTRA DEVELOPMENT
COMPANY
(A) IS VALIDLY FORMED ON THE DATE WHEN DOCUMENTS IN THIS TRANSACTION
ARE TO BE SIGNED; AND
(B) IS IN GOOD STANDING AND AUTHORIZED TO DO BUSINESS IN THE STATE
OR COUNTRY WHERE THE CORPORATION WAS FORMED.
22. THIS COMPANY WILL REQUIRE THE FOLLOWING TO INSURE A LOAN BY OR A CON-
VEYANCE FROM, THE ENTITY NAMED BELOW:
CENTRA DEVELOPMENT COMPANY
(A) A COPY OF THE CORPORATION BY-LAWS OR ARTICLES
(B) AN ORIGINAL OR CERTIFIED COPY OF THE RESOLUTION AUTHORIZING THE
SUBJECT TRANSACTION.
NOTE NO. 1:
IT IS OUR UNDERSTANDING THAT THE BUYERS IN THIS TRANSACTION ARE:
CENTRA DEVELOPMENT CORPORATION
PLEASE ADVISE US IMMEDIATELY IF THE NAMES ARE MISSPELLED, OR IF THERE
ARE ANY OTHER PARTIES NOT SHOWN HEREIN ABOVE.
NOTE NO. 2:
THERE ARE NO CONVEYANCES AFFECTING SAID LAND, RECORDED WITHIN SIX (6)
MONTHS OF THE DATE OF THIS REPORT.
NOTE NO. 3:
PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PURPOSES
AND THE AMOUNTS ARE:
FISCAL YEAR 1988 - 1989
1ST INSTALLMENT: $2,706.35 PAID
PENALTY: $NONE
2ND INSTALLMENT: $2,706.35 OPEN
PENALTY: $NONE
EXEMPTION: $NONE
LAND: $483523.00
IMPROVEMENTS: $NONE
PERSONAL PROPERTY: $NONE
CODE AREA: 09000
ASSESSOR'S N0 207-101-01
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OCCUREG By REASON UT RELIANCE
MAP 823 - RHO AGUA HEDIONDA - POR LOT 1- MM- 23
-
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AZZZZO1 .RV_
EXHIBIT NAn
t •
/i7
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
Receipt
Applicant: C2REM
Description Amount
PRE00032 420 00
Not valid unless valictated by cash Re
PLEASE RETAIN RECEIPT FOR flEFUNDS OR 1DL
41,
Receipt Nwbr R0012443
Transact : 2(00 : I
Pay Type Method: 'Des:iptj.
Payment Check -------------282
8065 05/22/00 0001 01 02
C-PRMT 420-00
.
NTS
.
420.00
QUALITY
ORIGINAL (S)
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008
434-2867
REC'D FROM________________________________________ DATE
ACCOUNT NO. DESCRIPTION AMOUNT
t / -
001 1 C2
RECEIPT NO. LJ - -NOT VALID UNLESS VALIDATED BY TOTAL
® Printed on recycled paper. CASH REGISTER
-
-77--77777-777
CITY OF CARLSBAD
1200 ELM ENUE CARLSBAD, CAUFO AlA 92008
4385621
REC'D FRO M_ i~I LiL ILLLcL DATE_
11
ACCOUNT NO DESCRIPTION AMOUNT
7Of io OO £ 8
2Of %OO t/ 5!O1!
)OI /O OO9OZ8// 6600 !ZVOU 0__ '0004
9O/2J)O)O3f
RECEIPT NO. 91221 TOTAL 5,3
. .
PLEASE NOTE:
Time limits on the processing of discretionary projects established by state law
do not start until a project application is deemed complete by the City. The
City has 30 calendar days from the date of application submittal to determine
whether an application is complete or incomplete. Within 30 days of submittal
of this application you will receive a letter stating whether this application
is complete or incomplete. If it is incomplete, the letter will state what is
needed to make this application compl,'ete. When the application is complete, the
processing period will start up on the Iatqiof the completion letter.
Applicant Signature: L\
Staff Signature:
. f.(
Date: L)
To be stapled with receipt to application
Copy for file
S . S
DISCLOSURE FORM
APPLICANT: H .R. Remington Properties
Name (individual, partnership, joint venture, corporation, syndicatif
3 Monarch Bay Plaza - Suite 202 South Laguna, CA, 92677
Business Address
714-476-1889
Telephone Number
AGENT: CEP ASSOCIATED
Name
8265-A Vickers Street
Business Address
619-292-1 3 S .1
Telephone Number
MEMBERS: N/A, N/A
Name (individual, partner, joint Home Address
venture, corporation, syndication)
Business Address
Telephone Number Telephone Number
Name Home Address
Business Address
Telephone Number Telephone N-umber
(Attach more sheets if necessary)
I/We understand that if this project is located in the Coastal Zone, I/we will apply
for Coastal Commission Approval prior to development.
I/We acknowledge that in the process of reviewing this application, it may be
necessary for members of City Staff, Planning Commissioners, Design Review Board
members, or City Council members to inspect and enter the property that is the
subject of this application. I/We consent to entry for this purpose.
I/We declare under penalty of perjury that the information contained in this disclosure
is - true and correct and that it will remain true and correct and may be relied upon
as being true and correct until amended.
BY
Agent, Owner, Partner
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO
F
NAME
STREET
ADDRESS
CITY STATE ZIP L I (SPACE ABOVE THIS LINE FOR RECORDERS USE)_______________
POWER OF ATTORNEY — GENERAL [includes optional DURABLE POWER OF ATTORNEY]
KNOW ALL PERSONS BY THESE PRESENTS: That l, NINO FERRERO, as trustee of the
Nino and Lea Ferrero Family Trust, dated April 24, 1984
the Undersigned (jointly or severally, if more than one) hereby make, constitute and appoint LENI STRACK
my true and (awful Attorney for me and in my name, place and stead and for my use and benefit:
(a) To ask, demand. sue for. recover, collect and receive each and every sum of money, debt, account, legacy, bequest, interest, dividend, annuity and
demand (which now is or hereafter shall become due, owing or payable) belonging to or claimed by me, and to use and take any lawful means for the recovery
thereof by legal process or otherwise, and to execute and deliver a satisfaction or release therefor, together with the right and power to compromise or compound any
claim or demand,
(b) To exercise any or all of the following powers as to real property, any interest therein and/or any building thereon To contract for, purchase. receive and
take possession thereof and of evidence of title thereto, to lease the same for any term or purpose, including leases for business, residence, and oil and/or mineral
development: to sell, exchange, grant or convey the same with or without warranty, and to mortgage, transfer in trust, or otherwise encumber or hypothecate the
same to secure payment of a negotiable or non-negotiable note or performance of any obligation or agreement,
(C) To exercise any or all of the following powers as to all kinds of personal property and goods, wares and merchandise, choses in action and other property in
possession or in action: To contract for, buy, sell, exchange. transfer and in any legal manner deal in and with the same, and to mortgage, transfer in trust, or
otherwise encumber or hypothecate the same to secure payment of a negotiable or non-negotiable note or performance of any obligation or agreement.
(d) To borrow money and to execute and deliver negotiable or non-negotiable notes therefor with or without security, and to loan money and receive negotiable
or non-negotiable notes therefor with such security as he/she shall deem proper.
(e) To create, amend, supplement and terminate any trust and to instruct and advise the trustee of any trust wherein I am or may be trustor or beneficiary. to
represent and vote stock, exercise stock rights, accept and deal with any dividend, distribution or bonus, join in any corporate financing. reorganization, merger,
liquidation, consolidation or other action and the extension, compromise. conversion, adjustment, enforcement or foreclosure, singly or in conjunction with others of
any corporate stock, bond, note, debenture or other security, to compound, compromise. adjust, settle and satisfy any obligation, secured or unsecured, owing by
or to me and to give or accept any property and/or money whether or not equal to or less in value than the amount owing in payment. settlement or satisfaction
thereof,
(t) To transact business of any kind or class and as my act and deed to sign, execute, acknowledge and deliver any deed. lease, assignment of lease,
covenant, indenture, indemnity, agreement, mortgage, deed of trust, assignment of mortgage or of the beneficial interest under deed of trust, extension or renewal
of any obligation, subordination or waiver of prioriy, hypothecation, bottomry, charter-party, bill of lading, bill of sale, bill. bond, note, whether negotiable or non-
negotiable, receipt, evidence of deb j , full or partial release or satisfaction of mortgage, judgment and other debt, request for partial or full reconveyanCe of deed of
trust and such other instruments in writing"any kino or class as may oe necessary or proper in the premises
() IStrike if not applicable J This Powerof Attorney shall not be aflected by subsequent incapacity of the principal land shall remain effective for a
period of_ years alter the disability or incapacity occurs]
-tnt ±Se- if- eabe Powect-AftcfeT el1-be me-eMectwe' up incepety-of the prtietpl-& s-iemein ef1eetie-1of -pefi&i-
--yeas-af4er- +19e- t3thIy-efrfMpaet+y-Oeet1P
(I) it lt (9) and/or (h) are not stricken, the following warning applies ' WARNING TO PERSON EXECUTING THIS DOCUMENT:
This is an important legal document. It creates a durable power of attorney. Before executing this document,
you should know these important facts:
1. This document may provide the person you designate as your attorney in fact with broad powers to
manage, dispose, sell, and convey your real and personal property and to borrow money using your property as
security for the loan.
2. These powers will exist for an indefinite period of time unless you limit their duration in this document.
These powers will continue to exist notwithstanding your subsequent disability or incapacity.
3. You have the right to revoke or terminate this power of attorney.
4. If there is anything about this form that you do not understand, you should ask a lawyer to explain it to you.
GIVING AND GRANTING unto my said Attorney full power and authority to do and perform all and every act and thing whatsoever requisite, necessary
or appropriate to be done in and about the premises as fully to all intents and purposes as I might or could do it personally present, hereby ratifying all that my said
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real and personal property or interests therein now owned or hereafter acquired by me and wherever situate.
My said Attorney is empowered hereby to determine in his/her sole discretion the time when, purpose for and manner in which any power herein conferred
upon him shall be exercised, and the conditions, provisions and covenants of any instrument or document which may be executed by him/her pursuant hereto, and
in the acquisition or disposition of real or personal property, my said Attorney shall have exclusive power to fix the terms thereof for cash, credit anti/or property,
and if on credit with or without security.
When the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural.
WITNESS my hand this 1 day of _____.J-
ftJ_)
Nino nd Lea F rrero Family Trust,
da d
________________ }
STATE OF CALIFORNIA ___ _________ _
COUNTY OF
On this i- day of 'T1.4 k— '1' in the year 19,.!, before me, the undersigned, a Notary Public in and for said State,
personally appeared ///4IO
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_ whose name _/ - subscribed to the within instrument,
and acknowledged to me that _he_ executed it.
WITNESS my hand and official seal.
Notary Public-C*IIfoml*
OFFICIAL SEAL
____________________________ H. RAYMOND SAVOIAN
Notary Public in and for said State. LjDS ANGELES COUNTY
POWER OF ATTORNEY- CENERAL'lincludes
iirironai OIIRA6LE POWER OF Al TORNEVI This SlarrOalli form Cover', most usual probOrots lit tile hold ntiit.,rlrid Ociole you
WOECOITS FORM 1400—Rev. 12-06 urge. read Ii, liii in all blanks, and sake cilarrhe', proper is your transaction My omm. Exp. Oct. 12, 1903
1911k WOLCOTTS. INC (pdcsciau3) Consult a lawyer it you doubt The lairs s illness log your purpose
EXHIBIT '3'
LAND DESCRIPTION
A NON-EXCLUSIVE EASEMENT FOR PUBLIC ACCESS (ingress and
egress) over the following described parcel of land being a
portion of Lot '1' of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, accord-
ing to map thereof No. 823, filed in the Office of the
County Recorder of said county, more particularly described
as follows:
A strip of land 25.00 feet wide lying northwesterly of and
adjoining the following described line:
COMMENCING at Corner No. 15 of said Lot 'I' as
shown on said map No. 823; thence southeasterly
along the southerly line of said Lot 'I',
S.53 0 44 1 35'E., 499.45 feet to the most
,southwesterly corner of that parcel of land
described in Parcel 1 of the deed to Robert W.
Phipps, et ux, recorded October 29, 1,958 under
Document No. 179767 of Official Records; thence
along the boundary line of said land of Phipps as
follows: N.25 0 01 1 15'E., (Record N.24 0 53 1 50 0 E.)
597.84 feet; thence continuing along said boundary
line S.47 036 1 05'E., 153.79 feet to the beginning
of a tangent curve, concave northerly, having a
radius of 355.00 feet; thence easterly along said
curve 376.92 feet, through an angle of 60050 1 001;
thence tangent to said curve N. 71 0 33 1 55'E.,
100.40 feet to the northeasterly corner of said
land of Phipps and the TRUE POINT OF BEGINNING of
the herein described line; thence S. 25 0 01 1 15'W.,
780.49 feet to the end of the herein described line.
EXCEPTING THEREFROM that portion of said land included
within Park Drive as described in deed recorded May 10,
1965, as Document No. 83318, of Official Records of San
Diego County.
The side lines of said 25.00 foot strip are to be prolonged
or shortened so as to terminate at the south line of said
Lot I and at the south line of said Park Drive respectively.
Said land is shown on that certain Record of Survey recorded
as Survey No.10t7g_, Records of San Diego County.
END OF DESCRIPTION
4'
S 0
IIAMPTONS PROJECT
1)ESCR IPTEON/JUSI [Fl CATION
The llainptons project is on a 7.8 acre site located between ['uric Drive to
the north, Agua Iledlonda Lagoon to the south, Marina [)rive to the west and
proposed Laguna Shores to the east. The main access to the project will
be from Laguna Shores, a proposed cul de sac and will he gated to restrict
access to residents and guests only.
The project is proposed to consist of 42 air space condominiums grouped in
buildings of 4 and 6 units. All units are proposed to be 2 story with two
car garages. Three models are proposed ranging in size from approximately
2020 square feet to 2270 square feet. All units have 3 bedrooms and with
either a media room, library or family room.
The site plan has been arranged around private streets with gated access
front Laguna Shores Drive. Two visual corridors are provided from ['ark
Drive as well as a 100' buffer front the wetland area of the Agun lied ioiila
Lagoon. The open space provided in the project Is 4.7 acres or 60?.
Within the visual corridors a system of lakes and low landscaping are
proposed. The rear of most units are oriented toward these areas and are
turned slightly to catch views of the lagoon. Twelve units are directly
oriented toward the Agua hIed.ionda Lagoon along the 100 foot buffet'. Tlil s
area is proposed by the City of Carlsbad to be an active recreation area
emphasizing wind surfing. To accommodate this activity a sand area
adjacent to the lagoon Is proposed. An undulating walk access will be
provided from the end of Laguna Shores west to the project boundary. The
area between the walk and project buildings will contain undulating slopes
and landscaping. Privacy walls for each unit along the lagoon will be
provided at the 100 foot buffer line.
The pPoject will require the processing of a tentative map for an air
space condominium and PUD permit. An environmental application will also
be submitted. The project as proposed Is cons 1st utti with the City's
current General Plait, Zoning Ordinance and Local Coastal Plan for the Agtia
Hedionda Lagoon. The allowed density on the site Is 11.5 dwelling units
per acre. The proposed project density is 5.4 dwelling units per acre.
The project is proposed to be a high quality gated community oriented to
the amenities provided by the Agua hled.ionda Lagoon. Large units with
extensive lakes and landscaping are proposed. Public benefit will be
provided by Improvement of access to the lagoon and provision of a mittintuin
100 buffer along the wetland areas. Ii will also clean up an area now
littered with trash and with policing difficulties.
We respectfully request your, favorable consideration on this project.
REP: 2CORR/T-6-89
CEP ASSOCIATED • 8265-A Vickers Street • San Diego, California 92111 • Telephone (619) 2921353 FAX: (619) 218-8013
Oceanside (619) 433.3142 • Rancho California (714) 616-1853
.0
EXHIBIT "A"
.
LEGAL DESCRIPTION
THAT PORTION OF LOT "I RANCHO AGUA IIED1ONDA, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF NO. 823, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS
FOLLOWS:
IIEGINNINGAT CORNER NO. 15 OF SAID LOT "I" AS SHOWN ON
MAP NO. 823; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY
LINE OF SAID LOT "I". SOUTH 53°44'35" EAST, 499.45 FEET
TO THE MOST SOUTHWESTERLY CORNER OF THAT PARCEL OF LAND
DESCRIBED IN PARCEL 1 OF THE DEED TO ROBERT W. PIIIPPS, ET
UX, RECORDED OCTOBER 29, 1958, UNDER DOCUMENT NO. 179767
OF OFF ECIAL RECORDS AND THE TRUE POINT OF BEGINNING;
THENCE ALONG THE BOUNDARY LINE OF SAID LAND OF PHIPPS AS
FOLLOWS; NOR'l'lI 25 0 0.1 '.15" EAST, (RECORD - NORTH 24 -53 1 50"
EAST) .597.84 FEET; THENCE CONTINUING ALONG SAID BOUNDARY
LINE' SOUTH 47°36'05" EAST. 153.79 FEET TO THE BEGINNING
OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF
355.00 FEET; THENCE EASTERLY ALONG SAID CURVE 376.92
FEET, THROUGH AN ANGLE OF 60°50'00"; THENCE TANGENT TO
SAID CURVE NORTH 71"33'55" EAST, 100.40 FEET TO THE
NORTHEASTERLY CORNER OF SAID LAND OF PIIIPPS; THENCE ALONG
THE BOUNDARY LINE OF SAID LAND OF PIIIPPS, SOUTH 25 0 01'lS"
WEST, 780.49 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT;
THENCE NORTh! 6-1 0 25'37" WEST, ALONG SAID SOUTHWESTERLY
LINE 183.96 FEET TO CORNER 16 OF SAID LOT "I"; THENCE
CONTINUING ALONG THE' SOUTHWESTERLY LINE OF SAID LOT,
NORTH 53 0 44'35" WEST. 393.80 FEET TO THE TRUE POINT OF
BEGINNING.
. .
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty
(50) day time restriction on Planning Commission processing of Tentative
Maps and a thirty (30) day time limit for City Council action. These time
limits can only be extended by the mutual concurrence of the applicant
and the City. By accepting applications for Tentative Maps concurrently
with applications for other approvals which are prerequisites to the map;
i.e., Environmental Assessment, Environmental Impact Report, Condominium
Plan, Planned Unit Development, etc., the fifty (50) day time limits and
the thirty (30) day time limits are often exceeded. If you wish to have
your application processed concurrently, this agreement must be signed
by the applicant or his agent. If you choose not to sign the statement,
the City will not accept your application for the Tentative Map until all
prior necessary entitlements have been processed and approved.
The undersigned understands that the processing time required by the
City may exceed the time limits, therefore the undersigned agrees to extend
the time limits for Planning Commission and City Council action and fully
concurs with any extensions of time up to one year from the date the
application was accepted as complete to properly review all of the applications.
Si 'na tu re Date
I7,14 fEi2— /,M/AJ7Ai
Name (Print) /
466o-
Relationship to Application
(Property Owner-Agent)
FORM: PLANNING 37. REVISED 3/80
IT' \
TENTATIVE MAP
PPLCATION REQUIREMENTS
L. Fifteen (15) copies of tentative map/preliminary grading plan (24"
x 36" folded to 8 1/2" x 11 11 ) shall contain the following
information:
I. General Information:
LI A. Name and address of owner whose property is proposed to be
subdivided and the name and address of the subdivider;
LI B. Name and address of registered civil engineer, licensed
surveyor, landscape architect or land planner who prepared the
- maps;
L_L C. North point;
D. Scale; vicinity map;
LL E. Date of preparation;
LI F. Classification of lots as to intended residential, commercial,
industrial or other uses;
LI G. Proposed name and city tract number of the subdivision;
H. Any proposed phasing by units;
I. Number of units to be constructed when a condominium or
community apartment project is involved;
G. Name of sewer and water district providing service to the
project.
II. Site Information:
A. General
LI 1) Approximate location of existing buildings and permanent
structures and proposed condominium buildings;
2) Location of all major vegetation, showing size and type;
LI 3) Location of railroads;
U 4) Legal description of the -exterior boundaries of the
subdivision (approximate bearings, distances and curve
data);
U 5) Lot lines and approximate dimensions and number of each
lot;
- B. Streets and Utilities
U 1) The location, width and proposed names of all streets
within and adjacent to the proposed subdivision, show
proposed street grades and centerline radii. Provide
separate profile for all streets with grades in excess
of 7%. Streets should be in conformance with City
Standards and Engineering DepartinentPolicies. (Especially
- Policy Numbers 1 and 22)
LI 2) Name, location and width of existing adjacent streets and
alleys.
3) Typical street section for all adjacent streets and
streets within the project.
APPLICATION REQUIREMENTS PAGE: 1
. I
U 4) Width and location of all existing or proposed public or
private easements;
L_i 5) Public and private streets and utilities clearly
identified.
6) Show distance between all intersections and medium and
high use driveways.
LI 7) Clearly show parking stall and isle dimensions and truck
turning radii for all parking areas.
Li 8) Show access points to adjacent undeveloped lands.
9) Show all existing and proposed street lights and
utilities (sewer, water, major gas and fuel lines, major
electric and telephone facilities) within and adjacent
to the project.
- C. Grading and Drainage
LI 1) Approximate contours at 1' intervals for slopes less than
5%, 2' intervals for slopes between 5% and 10%, and 5'
intervals for slopes over 10% (both existing and
proposed). Existing and proposed topographic contours
within a 100 foot perimeter of the boundaries of the
site. Existing onsite trees; those to be removed and
- those to be saved;
Li 2) Earthwork volumes; cut, fill, import and export.
Li 3) Spot elevations at the corners of each pad.
4) Method of draining each 1t. Include a typical cross
section taken parallel to the frontage for lots with less
than standard frontage.
5) Location, width and/or size of all watercourses and
drainage facilities within and adjacent to the proposed
subdivision show location and approximate size of any
- proposed detention/retention basins.
6) Clearly show and label the 100 year flood line for the
before and after conditions for any project which is
•
One (1)
within or adjacent to a FEMA flood plain.
copy of 8 1/2" x 11" site plan.
Lf 3. One (1) copy of 8 1/2" x 11" location map (suggested scale 200"
_ 4.
- vicinity
Environmental
maps on the site plan are not acceptable).
Impact Assessment Form ($175).
LY 5. Public Facility Agreement: Two (2) copies: One (1) notarized
original and one (1) reproduced copy.
'. Disclosure Statement. ~~~7. Proterty Owners' List and Addressed Labels
- A typewritten list of name and addresses of all property
owners and occupants within a 600 foot radius of subject
property (including the applicant and/or owner). The
list shall include the San Diego County Assessor's
parcel number from the latest assessment rolls.
Two (2) separate sets of mailing labels of the property
owners and occupants within a 600 foot radius of subject
property. For any address other than single family
residence, apartment or suite number must be included.
APPLICATION REQ96EMENTS PAGE: 2
.
DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS.
Applicant must submit separate check to cover cost of
postage.
L<8. 600 Foot Radius Man
(Not needed for Planning Commission Determination and Special use
Permit). A map to scale not less than 1" = 200' showing each lot
within 600 feet of the exterior boundaries of the subject property.
Each of these lots shall be consecutively numbered and correspond
with the property owner's list. The scale of the map may be
reduced to a scale acceptable to the Planning Director if the
required scale is impractical.
L_/ 9. This number not used.
zio. Two (2) copies of the Preliminary Title Report (current within the
- last six [6] months).
LI 11. Proof of availability:
/ 1. Sewer - if located in the Leucadia County Water District.
2. Sewer - if located in the San Marcos Water District.
/V( 3.\.-Water - If located in the Olivenhain Municipal Water
L
L..../ 12. Colored Site Plan and Elevation Plan (Not required with first
submittal). It is the Applicant's responsibility to bring one
(1) copy of a colored site plan and one (1) copy of a colored
elevation to the Planning Department by Noon eight (8) days prior
to the Planning Commission meeting. Do not mount exhThs ]
'
3. Statement of agreement to waive tentative tract map time :.nits.
Ld 14. Constraints MaD (24" x 36 11 ) folded to 8 1/2" x 11" shall include
- the following information:
LL 1. Major ridge lines
LI 2. Distant views
LI 3. Internal views
II 4. Riparian woodlands
LL 5. Intermittent drainage course
6. 25 - 40% slopes
7. Slopes 40% and above
1/ 8. Major rock outcroppings
LL 9. Easements
LL 10. Floodplains
LI 11. Archaeological sites
LI 12. Special planning areas
LI 13. Biological Habitats.
APPLICATION REQUIREMENTS PAGE:
U 15. One (1) copy of 8 1/2" x 11 11 traffic volume location map of all
roadways potential impacted by project to include the following
information: existing volumes, ultimate volumes, project only
volumes, and phased (if applicable) volumes.
Lf 16. Two copies of preliminary soils/geologic report for all project
with cut or fill depths exceeding 5 feet.
APPLICATION REQUIREMENTS PAGE: 4
. I
Costa Real
Municipal Water District
50 F1 Caminci lcir, Carlsbad. CA 92005
ngJneerfrg; (619) 438-3867
AdmInItratlo: (619) 438-2722
March 24, 189
David Kahiar
Cap Associated
8265 Vickers Street, Suite A
San Diego, CA 92111
R; LagunaRiviera..- CRM%cD Project Nu, 85-C.126
Dear Ddve Kahieri
The Pubjeot project is located within the Costa Reel
Municipal Water District service area. Water service ean
be made available, to each lot/unit that may be developed
at the time an application for service is compieted, and all
applicable tees are paid.
The applicant shall meet the conditiona of the Costa
Real Municipal Wasr District and its Water Master Plan. In-
tallation of any facilities shall be in accordance with the
Diric.t's "Standard Plans and Specifications" dated 3anuary
1987.
Developer/Owner shell meet with the Fire Marahal and
District Engineer and meat all requirements to provide fire
and domestic flow and will pay all coats associated with pro-
viding said service.
nolosed for your use are portions of the District's
Water Master Plan stating (GPD) Demands (page 26), plu5 addi-
tional information , pages 30 thru 33 for your use."
Very truly yours,
P. Jr Whitle
Engineering sup rvisor
Fill ;om
CRMWD 85-C.126
P1rR-1----89 FRI iS :22 P 2
w
P Carlsbad Unified School District
MailingAddrow 801 Pino Avcn.te, Crhibad, Ca1i(brn* 92008-2439
6,950 Yarrow Priv, Sufto A. Carlsbad, CaIffbma 920094544 (619) 729-9291 P'AX# (619) 439-5798 "All Students Can Learn"
flOART)OFTRUSTF.E$ March 10, 1989
J. EDWARD SWITZER, JR.
rIdon
DONALD M. JOHNSON
Vied ProsIdn
JOANGEL City of Carlsbad Clark Planning Department
JAMES KoCORMOK 2075 Las Palmas Drive Mombr Carlsbad, CA 92008
JuL1ArR L. NYGAARD
Mombor Attn: Mr. Martin Orenyak, Building and Planning Director
Dk1PRZ(P Ref CEP Associated ADMINISTRATION 42 condominiums at Intersection of Park Drive
THOMAS K.BRIEItLEY, Ed.D. and Marina Drive LEMP Zone 1
5nporthtondon
SUSAN-HARUMI BENTLEY,Ed.D. Gentlemen:
ARIithnt Supor1nthndon
Inntructionikl Sorvkø Our district has reviewed the proposed development of 42
JOWiH.BLUR condominiums located at the above-referenced location and
Aimitttant Superintendent has evaluated the impact of that development on the
facilities of the District.
GERALD C. TABMAN
A8fothnt 8uporint.ondon
PorHnnnol Sorvicon The Governing Board wishes to advise the City officials and
- CUERYL ERNST residents of Carlsbad that, as residential units are added
to the community, it is lTkely that many classes in the
IlomontiryEduouI.ian District will become crowded, resulting in possible
DEWAYNELPEASEL impairment to the educational and transportation services
Mnnngnr offered to the students. It is also probable that the
Titii4fMnnthnnnco/ students generated from this project may not attend the
closest neighborhood school due to over-crowded conditions,
and in fact, may attend school across town.
However, the District is able to assure you that school
physical facilities will be available concurrent with need
for this development as it is presently proposed.
Sincerely,
)o
"dl Georgiana W. Kirby
Information Systems Manager
C: John Blair
mw
Distinguished School Board Award 1984, United States Department of Education
crTr CF ARIS1D .
• ,. •'1,T _.1 •,•.•
FxrECr IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND .:
LOCAL FACIMY MAN7EME21T ZONE: 1 GENERAL PLAN: RMH ZONING: PC
DEVELOPER'S H.R. Remington Properties
ADESS: 3 Monarch Bay Plaza, South Laguna, CA 92677
PI-K1E NO.: 714-476-1889 ASSESSOR'S PARCEL NO. 707-101_Ui
JANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU) :7. A ± AC 42 DI
ESTIMATED (XIIPLETION DATE: Unavailable
A. City Administrative Facilities; Demand in Square Footage = 155,, 673
B. Library;
C. Wastewater Treatment capacity (Calculate with J. Sewer)
D. ?arks; 0 Demand in Acreage = .-i i vi4 r,
E. Drainage;
Demand in CFS = N/A
Identify Drainage Basin =Agua_Hedionda Lagoon
(Identify master plan facilities on site plan) Watershed
F. Circulation; Demand in Acreage = 336 ADT
(Identify Trip Distribution on site plan)
G. Fire; Served by Fire Station No.
I. Schools;
Acreage Provided - 4.7 AC (60%)
(Demands to be determined by staff)
J. Sewer;
Demand in EtXJs - 9240
Identify Sub Basin - j3_ -
(Identify trunk line(s) iacted on site plan)
K. Water; Demand in GM) - 18,900
I .
LOCAL FACILiTIES IMPACTS ASSESSMENT
THE HAMPTONS
A. CITY ADMINISTRATIVE FACILITIES
3.7065 SQ.FT. X 42 DU'S = 155.673 SQ.FT.
B. LIBRARY
1.978 SQ.FT. X 42 DO'S - 83.076 SQ.FT.
C. WASTE WATER TREATMENT CAPACITY
SEER PLANT CAPACITY IS ADEQUATE FOR AT LEAST A
FIVE YEAR PERIOD.
D. PARKS
.007413 ACRES X 42 DO'S = .311346 ACRES
E. DRAINAGE
THE PROJECT IS LOCATED WITHIN THE AGUA IIEDIONDA
LAGOON WATERSHED. RUNOFF IS PROPOSED TO EMPTY
INTO AN EXISTING 36" RCP STORM DRAIN LOCATED IN
THE--YET-TO--BE-BUILT LAGUNA SHORES PLACE OFF OF
PARK DRIVE.
F. CIRCULATION
ADT'S FOR PROJECT = 336 (8 X 42 DO'S)
SEE ATTACHED TRAFFIC LOCATION MAP.
C. FIRE
RESPONSE TIME FROM STATION #3 TO PROJECT AREA IS 5
MINUTES.
II. OPEN SPACE
THE PROJECT IS PROPOSING 1.2 ACRES TO BE LEFT
NATURAL AND 3.5 ACRES TO BE IMPROVED LANDSCAPED
OPEN SPACE AREAS. THIS REPRESENTS 60% OF THE
TOTAL 7.8 ACRES.
I. SCHOOLS
SEE ATTACHED LETTER FROM SCHOOL DISTRICT
PROPOSED PROJECT WILL GENERATE 8.4 STUDENTS
(.20/DO)
J. SEWER COLLECTION SYSTEM
CITY OF CARLSBAD SEWER SERVICE DISTRICT
SECTION NAH3 EDO'S = 9240
K. WATER DISTRIBUTION SYSTEM
SEE ATTACHED LETTER FROM COSTA REAL MUNICIPAL
WAFER 1)1ST.
WATER DEMAND FOR PROJECT 18,900 GPD
Civil Engineering - Planning
San Diego - Oceanside 16 do
CEPA
TRANSMITTAL FORM
Agu,
TO: CITY OF CARLSBAD DATE: !IARCJI 24, 1989
2075 LAS PALMAS DRIVE
CARLSBAD, CA 92009
ATTENTION: PLANNING DEPARTMENT
JOB NUMBER: 735.00
SUBJECT: THE HAMPTONS TM & PUD
WE ARE TRANSMITTING:
°APPLICATIONS FOR A TENTATIVE TRACT MAP & PLANNED UNIT DEVELOPMENT.
0 8 1/2 X 11 COPY OF SITE PLAN.
08 1/2 X 11 COPY OF LOCATION MAP.
°ENVIRONMENTAL IMPACT ASSEMENT FORM.
°PUBLIC FACILITY AGREEMENT(1 NOTARIZED ORIGINAL. 1 REPRODUCED COPY)
°DISCLOSURE STATEMENT.
0 1 LIST OF PROPERTY OWNERS WITHIN 600' OF PROPERTY.
02 SETS OF MAILING LABELS.
0 600 1 RADIUS MAP.
03 SETS OF TITLE REPORT.
°STATEMENT OF AGREEMENT.
05 SETS OF CONSTRAINTS MAP.
01 COPY OF 8 1/2 X 11 TRAFFIC LOCATION MAP.
01 COPY OF BIOLOGICAL SURVEY BY RECON.
02 COPIES OF SOILS REPORT BY NINYO AND MOORE.
01 COPY OF PROJECT DESCRIPTION AND JUSTIFICATION.
Respectfully,
CEP ASSOCIATED
DAVID KAHLER
PLANNING DEPARTMENT
Page 1 of 2
CEP ASSOCIATED . 8265-A Vickers Street • San Diego, California 92111 • Telephone (619) 292-1353
C.ivil Engineering - Planning 0 San Diego - Oceanside 0
TRANSMITTAL FORM
TO: CITY OF CARLSBAD DATE:
2075 LAS PALMAS DRIVE
CARLSBAD, CA 92009
APU Z(',
MARCH 24-; 1989
ATTENTION: PLANNING DEPARTMENT
JOB NUMBER: 735.00
SUBJECT: THE HAMPTONS TM & PUD
WE ARE TRANSMITTING:
°LEGAL DESCRIPTION
°COASTAL DEVELOPMENT PERMIT (SUPPLEMENTAL APPLICATION)
°LOCAL FACILITIES IMPACTS ASSESSEMENT FORM
°SERVICE AVAILABLITY LETTERS FROM: CARLSBAD UNIFIED SCHOOL DIST.
COSTA REAL MUNICPAL WATER DIST.
0 15 COPIES OF SITE PLAN.
015 COPIES OF PRELIMINARY LANDSCAPE PLAN.
0 15 COPIES OF BUILDING ELEVATIONS AND FLOOR PLANS.
°CHECK NO. 5031 FOR $1,495.00 (TM $765, PUD - $530, ENVIRO. - $175,
PUBLIC FACILITY $25)
Respectfully,
CEP ASSOCIATED
":~Uu'vj#
DAVID KAHLER
PLANNING DEPARTMENT
REF: JOBS/TRANSMITTA
Page 2 of 2
CEP ASSOCIATED • 8265-A Vickers Street • San Diego, California 92111 • Telephone (619) 292-1353
. S
CITY OF CARLSBAD
1635 Faraday Avenue
(760) 602-4600
PRELIMINARY REVIEW
SUBMITTAL PROCEDURE
FA r-AX W2r yff
1?criew?
It is an early, informal review of your project by the Planning and
Engineering Departments prior to a formal application submittal.
WF Jwu1d y-aiz cia
preIimi2aZyZ?C1ew?
• To obtain early project direction
• To reduce your development costs
• To shorten your processing time
• To alleviate costly redesigns.
21ya1z zzeed ta gi're u:
• Application form (signed by the owner(s) of the property unless applicant has sufficient le2al interest in the property.)
• Checklist
• Six (6) sets of your site plan. Provide enough details to allow staff to adequately review your plans and
answer your questions.
• Fee (See current fee schedule for cost)
• Other information you want to provide to explain your proposal.
WMNiitici W I?W ta 1zbm13t:
Your application may be submitted at the Planning Department front counter from 7:30 a.m. to 4:30 p.m.
Monday through Thursday or 8:00 a.m. to 4:30 p.m. on Friday. Submittals received by 4:30 p.m. on Friday
will be reviewed at the next Thursday's staff meeting, unless four reviews have already been scheduled in
which case the review will be scheduled for the next available meeting. Submittals will be scheduled in the
sequence they are received until four reviews are assigned per staff meeting.
I4''azzz' pp1icat1azz Lspzceseci:
After a submittal is made, a staff planner and staff engineer will be assigned to take your project to their
respective staff meetings for preliminary review. You may make a brief presentation prior to the staff
meeting to discuss your project with your staff planner and engineer. If you indicate this on the application
form you will be contacted to set up a meeting time. We will do our best to establish a time convenient to
you, but meeting dates and times may be limited due to our precommitted work schedule.
Written responses to your submittal will be mailed following the staff meeting review and should be
received by you within thirty days after the review date. A copy of your project will be kept on file in the
Planning Department.
The preliminary review does not represent an in-depth analysis of your project. The completeness and
accuracy of your submittals will dictate the civality of your project's preliminary review. Additional issues of
concern may be raised after your application is formally submitted and processed for a more specific and
detailed review.
CP
FRM0025 12/99 PAGE 1 of 3
S fl
PRELIMINARY REVIEW CHECKLIST
Staff would like to know what information you primarily want from this
review. With this known, we can focus most of our attention on
researching and answering your main questions(s). Please check the one
or two boxes below which best describes the information you would like
us to concentrate on, and/or check the box marked "other" and tell us in
your own words what information you would like from us.
LII SITE DESIGN:
Focus is on reviewing issues such as development standards (setbacks, building height,
etc.), hillside compliance, landscaping, signage, open space requirements, and other
physical aspects of zoning. Plans adequately illustrating these features are needed for
review.
LII LAND USE:
Focus is on determining the compatibility of the proposed land use with the existing
general plan and zoning designations, determining whether staff could support a general
plan amendment or zone change, and determining compatibility of the proposed land use
with surrounding land uses.
ARCHITECTURE:
Focus is on establishing quality architecture and checking its compatibility with the
surrounding area and against any applicable guidelines or plans. Building elevations or
other architectural information are needed for review.
D ZONING INTERPRETATIONS:
Focus is on interpreting any aspects of the zoning ordinance.
[I] ENGINEERING STANDARDS:
Focus is on reviewing all engineering-related issues, such as grading, drainage,
circulation and traffic, street vacations, easements, subdivisions, etc.
LI
OTHER:
In the space below, please list any other issues you would like us to review.
FRM0025 12/99 PAGE 2 of 3
. .
PRELIMINARY REVIEW APPLICATION
PROJECT NAME:
OWNER (Print or type) APPLICANT (Print or type)
* T1
Address Address fl (69 Miftttiz. eui D.
City, State & Zip_________________________ City, State & Zip fl
Telephone J Telephone /4/ 4k°\ 6,(01
Signature
Print Name Print Name _iL
*Owners signature indicates permission to conduct a preliminary review for a development proposal.
PROJECT ASSESSOR'S PARCEL NUMBER(S) (APN):lO/- -101 ()1
DESCRIPTION OF PROPOSAL (ADD ATTACHMENT IF NECESSARY):
(cv
WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF
PLANNER/ENGINEER? E NO L-4
PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO
REGARDING THIS PROJECT. IF NONE, PLEASE SO STATE.
CJThL -d:'-
FOR CITY USE ONLY
PROJECT NUMBER: CC)
FEE REQUIRED/DATE FEE PAID: 419-C) CC)
RECEIPT NO.:
RECEIVED BY: ((LY
Routing: Planning Engineering Fire Water Other____________
F11M0025 12/99 PAGE 3 of 3
I
/ 1919.
87 039952
FFICIAt-
19 7J
RECORDING REQUESTED BY
N 26 A O' 12
and When Recorded MaiLl
STATE OF CALIFORNIA
Donald R. Currier, Deputy Attorney General
3580 Wilshire Boulevard, Suite 600
Los Angeles, California 90010
STATE OF CALIFORNIA
OFFICIAL BUSINESS
(Document entitled to free recordation
11 pursuant to Government Code Section 6103) MG State Lands Commission AD NO. 19
rc 1
No Tax Due ---------------------
NOTE: These conveyances are entered into solely for the
purpose of perfecting title to the property herein
described and, accordingly, do not involve a
change in ownership pursuant to Section 62(b) of
the California Revenue and Taxation Code.
AGREEMENT AND CONVEYANCES
AD NO. 19
Instructions to the County Recorder of the County
of San Diego:
This document operates (i) as a State
of California Deed quitclaiming certain real
property to private parties, and (ii) as an
Easement Deed from private parties to the State of
California. Therefore, please index this
document as follows:
GRANTOR
Nino Ferrero and
Lea Ferrero, Trustees
of the Nino and Lea
Ferrero Family Trust
dated April 24, 1984,
Jack N. Spirtos and
Penelope Spirtos,
Trustees under Trust
Agreement dated
April 13, 1984, and
Basil N. Spirtos
GRANTEE PROPERTY
State of Easements as
California described in
Exhibits 2 and
3 hereto
State of California Nino Ferrero, and Quitclaim of
Lea Ferrero, Trustees property
of the Nino and Lea described in
Ferrero Family Trust Exhibit 1
dated April 24, 1984, hereto
Jack N. Spirtos
and Penelope Spirtos,
Trustees under Trust
Agreement dated
April 13, 1984, and
Basil N. Spirtos
AGREEMENT AND CONVEYANCES
AD NO. 19
THIS AGREEMENT is made and entered into by and be-
tween: the STATE OF CALIFORNIA, acting by and through the
STATE LANDS COMMISSION (hereinafter referred to as the
State') and NINO FERRERO and LEA FERRERO, Trustees of the
Nino and Lea Ferrero Family Trust dated April 24, 1984,
JACK N. SPIRTOS and PENELOPE SPIRTOS, Trustees under Trust
Agreement dated April 13, 1984, and BASIL N. SPIRTOS (here-
inafter referred to collectively as the 'Upland Parties').
-2-
WHEREAS, under the treaty of Guadalupe Hidalgo, the
United States of America agreed to recognize all preexisting
property rights in Spanish and Mexican rancho grants;
WHEREAS, the Rancho Agua Hedionda was granted by
Juan B. Alvarado, Constitutional Governor of California, to
Juan Maria Marron on August 18, 1842, and pursuant to the -
Treaty of Guadalupe Hidalgo and the Act of March 3 1 1851 a
confirmatory patent was issued by the United States of
America, dated December 12, 1872, and recorded April 28 1
1873 in Book 1, Page 150 of Patents, Records of the County
of San Diego, and Upland Parties are the record owner of a
portion of the Rancho Agua Hedionda hereinafter referred to
as the 'Ferrero Lands', which are described in Exhibit 1
attached hereto and by this reference made a part hereof,
said Ferrero Lands being shown on that certain record of
survey recorded as Record of Survey NO.101%74, Records of
San Diego County.
WHEREAS, the State of California acquired title to
certain tidelands and submerged lands by virtue of its
sovereignty upon its admission to the Union.
-3-
WHEREAS, the State has heretofore claimed that a
portion of Ferrero Lands consists of tidelands that are
impressed with the public trust easement for commerce,
navigation and fishery;
WHEREAS, Upland Parties claim that they are the
owner in fee simple absolute of the Ferrero Lands, that
said lands did not consist of tidelands in 1842 when the
Rancho Agua Hedionda was granted, in 1850, from 1850
through 1873, or subsequently to date, and that the State
has no right, title, estate, lien or interest in said lands
by virtue of its sovereign capacity; and that the Ferrero
Lands are not subject in any respect to a public trust
easement for commerce, navigation and fishery;
WHEREAS, a dispute had arisen between the State
and Upland Parties concerning tne impact of the State's
claims regarding the public trust easement for commerce,
navigation and fishery within the Ferrero Lands;
WHEREAS, on October 18, 1982, Upland Parties
commenced an action to Quiet Title and for Declaratory
Relief entitled Nino Ferrero, et al. v. State of
California, et al., San Diego Superior Court Case No.
N20963;
I
-4-
WHEREAS, negotiations have been conducted between
representatives of Upland Parties and the State concerning
resolution of the abovedescribed disputes;
WHEREAS, on April 17, 1984 the United States
• Supreme Court in Summa Corp. v. California ex rel. State
Lands Commission (1984) - U.S. - 180 L.Ed 2d 237, 104
S.Ct. 17511 ('Summa') held that the State is now precluded
from asserting a claim that the State acquired a public
trust easement for commerce, navigation and fishery upon
its admission to the Union over tide and submerged lands
located within the boundaries of a rancho grant confirmed
by the federal patent process pursuant to the Treaty of
Guadalupe Hidalgo, and the Act of March 3, 1851.
WHEREAS, the State now agrees that, pursuant to
the ,Summa case, it is precluded from asserting that it
acquired a public trust easement for commerce, navigation
and fishery upon the Ferrero Lands on September 9, 1850;
WHEREAS, it is in the best interest of the State
and members of the general public and Upland Parties for
the parties hereto to resolve their dispute by settlement,
thereby avoiding substantial costs, time delays and
uncertainties of litigation;
a
-5-
WHEREAS, the California Supreme Court in the case
of Gion v. City of Santa Cruz (1970) 2 Cal.3d 29,
recognized that the doctrine of implied dedication applies
to shoreline arias whereby public access and recreational
easements over such areas can arise from the public's use
thereof for the prescriptive period of five years without
asking or receiving permission from the owner, with actual
or presumed knowledge of the owner, the owner not having
attempted to halt such public use in any significant way
during said period;
WHEREAS, the Attorney General represents the State
in implied dedication matters;
WHEREAS, based upon an investigation which.
included a physical inspection of the property and
discussions with members of the general public, it is the
opinion of the Attorney General's Office that portions of
Ferrero Lands may be subject to public access and
recreational easements;
WHEREAS, there is substantial doubt as to the
extent, area and true boundaries of the public access and
recreational easements which the State claims may exist by
virtue of implied dedication, however, it appears that use
of Ferrero Lands by members of the general public, to the
-6-
extent that evidence exists to support such use, was
primarily for access to the waters and beach area of Agua
Hedionda Lagoon located at the waterward edge of Ferrero
Lands;
WHEREAS, under California law, it is within the
authority of the Attorney General on behalf of the State
and public, to investigate, assert, establish, relocate,
compromise and settle claims of the public to access and
recreational easements which have arisen on their favor by
virtue of implied dedication in accordance with the case of -
Gion v. city of Santa Cruz (1970) 2 Cal.3d 29;
WHEREAS, defining the extent of the State's claims
by virtue of implied dedication and the location and area
of Ferrero Lands over which such claims exist would require
protracted and costly investigation:
WHEREAS, in compromise of any claims arising
by virtue of implied dedication on Ferrero Lands, the
parties hereto have reached an understanding whereby
Upland Parties will grant to the State in trust a
non-exclusive easement for public access over the
southeasterly twenty-five feet of the Ferrero Lands
and a non-exclusive access easement for public access
and recreation over a strip approximately 25 feet in
width along and within the southerly and southwesterly
-7-
boundary lines of the Ferrero Lands, thereby maintaining
and enhancing any public access and recreation easements
arising by virtue of implied dedication, and it is further
understood that Upland Parties may construct a public road
over the southeasterly twenty-five feet of the Ferrero
Lands, provided that if such a road is constructed it will
be formally offered for dedication, will not interfere with
the State's non-exclusive public access easement over said
portion of Ferrero Lands, and that all necessary permits
will be obtained from the appropriate public agencies
having jurisdiction over said lands;
WHEREAS, the Attorney General, who is a party
hereto by virtue of his authority to represent the State
and public in matters relating to public access and
recreation easements arising by virtue of implied
dedication, has made an investigation and review of the
facts and circumstances relating to the public's claims
that portions of Ferrero Lands may be subject to such
easements for purposes of access and recreation and Upland
Parties' vigorous dispute of these claims, and had
concluded that the agreement reached herein which will
confirm, relocate, and compromise said claims is just,
equitable and in the best interest of the public and the
State;
-8-
WHEREAS, the State Lands Commission having also
reviewed the facts and circumstances relating to the
aforementioned implied dedication claims of the public, is
in agreement with the aforementioned conclusion of the
Attorney General and will accept title to the easements
described below in trust for the public.
NOW, THEREFORE, in consideration of the premises -
and of the mutual covenants and agreements contained
herein, it is agreed as follows:
1. NINO FERRERO and LEA FERRERO, Trustees
of the Nino and Lea Ferrero Family Trust dated April 24,
1984, JACK N. SPIRTOS and PENELOPE SPIRTOS, Trustees under
Trust Agreement dated April 13, 1984, and BASIL N. SPIRTOS
('Upland Parties'), hereby grant to the State of Califor -
nia, in trust for the public, a non-exclusive easement for
public access and recreation over that portion of the
Ferrero Lands described in Exhibit 2 attached hereto and
made a part hereof, excepting and reserving to Grantors the
right to construct and maintain a navigable channel no more
than 100 feet in width and ten feet in depth (MLLW datum)
across said lands, for the purpose of allowing the naviga-
tion of boats to and from Upland Parties' land northeaster-
ly of said easement lands, said channel to be parallel to
the northwesterly line of said easement area. To the
-9-
extent that any of said lands may now or in the future,
from time to time, be submerged and connected to or joined
with navigable waters of the State, including waters
resulting from future dredging of a navigable channel
across said lands, there shall exist over said submerged
lands a public navigational easement which is hereby
granted to the State in trust for the public.
2. NINO FERRERO and LEA FERRERO, Trustees
of the Nino and Lea Ferrero Family Trust dated April 24,
1984, JACK N. SPIRTOS and PENELOPE SPIRTOS, Trustees under
Trust Agreement dated April 13, 1984, and BASIL N. SPIRTOS
('Upland Parties'), hereby grant to the State of Califor-
nia, in trust for the public, a non-exclusive easement for
public access over the southeasterly twenty-five feet of
the Ferrero Lands, described in Exhibit 3 attached hereto
and by reference made a part hereof. Upland Parties
reserve and except the right to construct a public road
over said southeasterly twenty-five feet of the Ferrero
Lands, provided that if such a road is constructed it will
be formally offered for dedication, will not interfere with
the State's non-exclusive public access easement over said
portion of Ferrero Lands, and that all necessary permits
will beobtained from the appropriate public agencies
having jurisdiction over said lands;
-10-
3. The State of California, acting by and
through the State Lands Commission, hereby quitclaims to
NINO FERRERO and LEA FERRERO, Trustees of the Nino and Lea
Ferrero Family Trust dated April 24, 1984, as to an
undivided One-Half Interest, JACK N. SPIRTOS and PENELOPE
SPIRTOS, Trustees under Trust Agreement dated April 13,
1984, as to an Undivided One-Quarter Interest, and BASIL N.
SPIRTOS, a single man, as to an Undivided One-Quarter
Interest, all right, title and interest of the State of
California, including the public trust easement for
commerce, navigation and fishery claimed by virtue of the
State's sovereign ownership of tidelands and submerged
lands, and that claimed by virtue of implied dedication of
any public access and recreational use easements, within
the Ferrero Lands described in Exhibit 1 attached hereto
and by reference made a part hereof.
Excepting and reserving to the public in trust the
non-exclusive easements for public access and recreation
described in Paragraph 1 and Exhibit 2 and the non-exclu-
sive easement for public access described in Paragraph 2
and Exhibit 3..
4. The Attorney General finds and deter-
mines that settlement on the terms described in this
Agreement of the public's claim that by virtue of implied
-11-
dedication portions of the Ferrero Lands are subject to public
access and recreational use easements, is just, equitable and
in the best interest of the public and all the parties hereto.
Based upon these findings and determinations, the Attorney
General hereby declares that upon the effective date of this
Agreement, those lands referred to in Paragraph 3, above, are
not subject to any such public access and recreational use
easements, except for those easements for public access and
recreation granted to the State of California in trust for the
public, in accordance with the provisions of paragraphs 1 and 2
above, as described in Exhibits 2 and 3 hereto.
5. The State Lands Commission hereby finds and
declares, which finding and declaration shall be effective upon
the effective date of this Agreement, that by virtue of the
decision of the United States Supreme Court in Summa Corp. v,
California ex rel. State Lands Commission (1984) - U.S.
[80 L.Ed.2d 237, 104 S.Ct. 17511 the State of California is
precluded from asserting, based on its Sovereignty, that the
lands described in Exhibit 1 are impressed with the public
trust easement for commerce, navigation and fishery, said lands
being located within the boundaries of the Rancho Agua
Hedionda, a confirmatory patent having been issued thereto by
the United States on or about December 12, 1872 pursuant to the
Treaty of Guadalupe Hidalgo and the Act of March 3, 1851.
-12-
6. This Agreement shall become effective
upon the occurrence of the following acts:
A. The execution of this Agreement by
all of the parties listed on page 2, and in the event any
of such parties so listed is succeeded in the ownership of
any interest affected by this Agreement prior to the
recordation of this Agreement, the execution of this
Agreement by the successor in interest of such party in
lieu of such party; and
B. The subsequent recordation of this
Agreement,.in the Office of the County Recorder of the
County of San Diego. This Agreement shall not be recorded
until Judgment is entered in accordance with Paragraph 9
hereinbelow, and the time to appeal from such judgment has
been allowed to expire without appeal.
7. The effective date of this Agreement
shall be the date of the recordation as provided in
paragraph 6 hereinabove.
8. Upon becoming effective, this Agreement
shall be binding upon and inure to the benefit of the
parties hereto and their successors in interest, heirs and
assigns.
-13-
9. It is agreed that a judgment
incorporating the terms of this Agreement shall be entered
in the case entitled Nino Ferrero, et al. v. State of
California, et al., San Diego Superior Court Case No.
N20963.
10. It is expressly understood by all
parties hereto that the provisions set forth in this
Agreement have been determined for purposes of compromise
and settlement. The matters agreed upon herein shall not
constitute any admisSions nor are they to be construed as
an expression on the part of any party, except as between
the parties hereto. Nor shall this Agreement affect in any
manner the right, title or interest of any party hereto, or
any third party, in or to lands other than those described
herein.
11. As used herein, whenever the context so
requires, the neuter gender includes the masculine and
feminine, and the singular includes the plural, and vice
versa. Defined terms are to have their defined meaning
regardless of their grammatical form, number or tense of
such terms.
12. This Agreement may be excuted in any
number of counterparts and each executed counterpart shall
-14-
have the same force and effect as an original and as if all
of the parties to the aggregate counterparts had signed the
same instrument. Any signature page of this Agreement may
be detached from any counterpart of this Agreement without
impairing any signatures thereon, and may be attached to
another counterpart of this Agreement identical in form
hereto but having attached to it one or more additional
signature pages. In the execution of this Agreement each
party hereto shall furnish such acknowledgments and
certifications as may be necessary to duly record, in the
Office of the County Recorder, its execution hereof.
IN WITNESS WHEREOF, each party hereto has caused
this Agreement to be executed.
UPLAND PARTIES:
DATED: February 4 -j, 1985
-
DATED:FebrU5XY 4 , 1985
L A FERRERO
442fr
DATED:F6rY 4 , 1985
BASIL N. SeMTOS
DATED: FebrUary 3_, 1985
ff OF
-15-
DATED: February 3_, 1985
STATE:
STATE OF CALIFORNIA
STATE LANDS COMMISSION
BY:
TITLE: Executive Officer
DATE: April 9. 1985
APPROVED:
JOHN K. VAN de KAMP, Attorney General
BY: iS*.qrt..QJ. c'
TITLE: Deputy Attorney General
DATE: Yr1M4) 1c, 19g.c
-16-
nAVVRNnR OF &HE STATE OF CA RNIA
IN APPROVAL WHEREOF, I t GEORGE DEUKMEJIAN,
Governor of the State of California, have set my hand and
caused the Seal of the State of California to be hereunto
affixed pursuant to Section 6107 of the Public Resources
Code of the State of California. Given under my hand at
the city of Sacramento, this the/,3 day of
in the year of our Lord one thousand nine-hundred and
eighty-five.
ATTEST:
WMA toLe
SECRETARY OF STATE I
•tate 17 De ty Secretary
ATTACHMENT TO AGREEMENT AND
CONVEYANCES AD NO. 19
Pursuant to the provisions of Paragraph 6A of the
AGREEMENT, Basil N. Spirtos, as TRUSTEE OF THE MONTEBELLO
OB-GYN MEDICAL GROUP EMPLOYEES' DEFINED BENEFIT PENSION
PLAN AND TRUST, executes said Agreement and joins in the
grant of easements to the State of California described
therein.
IN WITNESS WHEREOF, Basil N. Spirtos has caused
this Attachment to Agreement to be executed.
DATED: , 1986.
___ -
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
On this 25 day of NOVnb5 , 1986, before
me the undersigned, a Notary Public in and for said County
and State, personally appeared BASIL N. SPIRTOS, known to
me or proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the written
instrument and acknowledged that he executed the same.
WITNESS my hand and official seal.
7L
COUNTY NOTARY PUBLIC
:—' amm ow& jim it-im]
-17A-
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On ,47J2J -9 , 1985, before me the
undersigned, a 'Notary Public in and for said State, with
principal of f.icq in Sacramento County, personally
appeared 77 /ed21C.,k, known to me to be
the KLA.-hV& Qie&t.- of the STATE LANDS
COMMISSION, STATE "CALIFORNIA, the Commission that
executed the within Instrument, and known to me to be the
person who executed the within Instrument on behalf of the
Commission therein named, and acknowledged to me that such
Commission executed the within instrument pursuant to a
resolution of its Commissioners, unanimously adopted
on ¶224. ..9./ , 1985, at a regular meeting thereof.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal on the day and year in this
certificate first written above.
III,IHflnhI,ftfthIflhguIllIflhIIltIflIH1IItItIHhIIInuuHtflfltIIIIIIli'fllUt
cMyCo
LISA LYNN
NOTARY PUBLIC - CALIFORNtA Notary PublicinCAnd for the
mmexJofl.3O.9fQ County of Sacramento, State of COUNTY OF SACRAMENTO
California.
-18-
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On this the 4th day of February , 1985,
before me the undersigned, a Notary Public in and for said
County and State, personally appeared NINO FERRERO, known
• to me or proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within
instrument and acknowledged that he executed the same.
WITNESS my hand and official seal.
.4UW utr - -_U JIlfUULf
OFFICIAL SEAL
ALLAN E. TEBBETTS /24
,
- Notary PHc CalIfornia foS&
PRINCIPAl OFFICE IN NOT PUBLIC
LOS ANGELES COUNTY
MY COMMISSION EXPIRES DECEMBER 18, 19$7
-
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On this the 4thday of Februaxy , 1985,
before me the undersigned, a Notary Public in and for said
County and State, personally appeared LEA FERRERO, known to
me or proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within
instrument and acknowledged that she executed the same.
WITNESS my hand and official seal.
VW - ,J1j1$1J1fl.flJ1jWj- Wuu"IrJWu- 1JIJUIJ
OFFICIAL SEN.
ALLAN E. TEBBETTS
Notary Public - Callfornlo
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
MY COMMISSION EXPIRES DECEMBER 18, 191?
NOTARY PUBLIC
-19-
STATE OF CALIFORNIA
)
ss.
COUNTY OF LOS ANGELES )
On this the 3rd day of February , 1985,
before me the undersigned, a Notary Public in and for said
County and State, personally appeared JACK N. SPIRTOS,
known to me or proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the
within instrument and acknowledged that he executed the
same.
WITNESS my hand and official seal.
—t• Jm1J1fWJnnJ1J1slJrLrlftnJ,.nJI.nJL
OFFICIAL SEAL
1t ALLAN E. TEBBE1TS
Notary Public - California Vf'J
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
MY COMMISSION EXPIRES DECEMBER 1*, 1917
-t - -
491 C44ot-
NOTARY PUBLIC
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
On this the 3rd day of February , 1985,
before me the undersigned, a Notary Public in and for said
County and State, personally appeared PENELOPE SPIRTOS,
known to me or proved to me on the basis of satisfactory
evidence -to be the person whose name is subscribed to the
within instrument and acknowledged that she executed the
same.
WITNESS my hand and official seal.
WLflJ ,J,W nJJWJ1Mj1*r r jW WtJ4fl
A. OFFICIAL SEAL
ALLAN E. TEBBEITS
Notary Public - Colifomlø
V4iYJ PRINCIPAL OFFICE IN 'LV LOS ANGELES COUNTY
MY COMMISSION EXPIRES DECEMBER 18, 1987
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NOTARY PUBLIC
-20-
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On this the Y day of L..l985, before
me the undersigned, a Notary Public in and4or said County
and State, personally appeared BASIL N. SPRTOS, known to
me or proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within
instrument and acknowledged that he executed the same.
WITNESS my hand and official seal.
'NOTARY ARY PUBLIC
-21-
EXHIBIT
LAND DESCRIPTION
That portion of Lot-"I' Rancho Agua Hedionda, in the City
of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 823, filed in the Office of
the County Recorder of San Diego County, described as
follows:
BEGINNING at Corner No. 15 of said Lot 'I as
shown on said Map No. 823; thence southeasterly
along the southerly line of said Lot 'Is, 5.53 0
44 1 35E., 499.45 feet to the most southwesterly
corner of that parcel of land described in Parcel
1 of the deed to Robert W. Phipps, et ux, recorded
October 29, 1958, under Document No. 179767 of
Official Records and the TRUE POINT OF BEGINNING;
thence along the boundary line of said land of
Phipps as follows; N.250011158E.,
(Record-N.240 53 1 50'E.) 597.84 feet; thence
continuing along said boundary line
S.470 36 1 05E., 153.79 feet to the beginning of a
tangent curve, concave northerly, having a radius
of 355.00 feet; thence easterly along said curve
376.92 feet, through an angle of 60 0 50 1 00 1 ;
thence tangent to said curve N.71 033 1 55 1 E.,
100.40 feet to the northeasterly corner of said
land of Phipps; thence along the boundary line of
said land of Phipps, S.25 001 1 15 0 W., 780.49 feet
to the southwesterly line of said Lot; thence N.
64025 1 37W., along said southwesterly line
183.96 feet to Corner 16 of said Lot "IN; thence
continuing along the southwesterly line of said
Lot, N.530 44 1 35W., 393.80 feet to the TRUE
POINT OF BEGINNING.
Said land is shown on that certain Record of Survey
recorded as Survey No.10 74, Records of San Diego County.
END OF DESCRIPTION
EXHIBIT 6 2'
LAND DESCRIPTION
A NON-EXCLUSIVE EASEMENT FOR PUBLIC ACCESS, RECREATION AND
NAVIGATION over the following described parcel of land being a
portion of Lot 'I' of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according to
map thereof No.823, filed in the Office of the County Recorder of
said county, more particularly described as follows:
Commencing at corner No.15 of said Lot 'I' as shown on
said map No. 823; thence southeasterly along the
southerly line of said Lot ulu, S.53 044 1 35' B., 499.45
feet to the most southwesterly corner of that parcel of
Land described in Parcel 1 of the deed to Robert W.
Phipps, et ux, recorded October 29, 1958 under Document
No. 179767 of Official Records and the TRUE POINT OF
BEGINNING; thence along the boundary line of said land
of Phipps, N.25 0 01 1 15'E., (Record N.24 0 53 1 50'E.)
45.73 feet to a point in said boundary line that is
S.25 0 01 1 15'W., 552.11 feet from the centerline of Park
Drive, as said Park Drive is shown on Record of Survey
recorded as Survey No. 9860, Records of San Diego County;
thence S.50 0 49 1 23'E., 398.23 feet; thence
S.64 0 25 1 37'E., 183.72 feet to a point in the
Southeasterly line of said land of Phipps, last said
point being distant S.25 0 01 1 15'W., 755.49 feet from the
centerline of said Park Drive; thence along said
Southeasterly line, S.25 0 01 1 15'W., 25.00 feet to the
most southerly corner of said land of Phipps; thence
along said southerly line, N.64 025 1 37 6 W., 183.96 feet
and N.53 0 44 1 35'W., 393.80 feet to the TRUE POINT OF
BEGINNING.
Said land is shown on that certain Record of Survey recorded as
Survey No.I0'74, Records of San Diego County.
END OF DESCRIPTION
VICINITY MA
0EASEMENTS C*r"M)
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LAC P AY C0BP.MA8IWETIA
mv -1 CARLSBAD TRACT______
THE HAMPTON
- /ó! APPLICANT SUMMARY
HR REMPIGTON PROPERTIES GROSS ACREAGE 7.8± AC.
3 MONARCH BAY PLAZA STE. 202 NO. OF DWELLING UNITS 42(CONDOMINIUM)
SOUTHLAGUNA,CA92677 -
714-476-1889
NO.OFLOTS
RESIDENTIAL . S PRIVATE T.
OPEN SPACE
GROSS DENSITY
7
5.4DU/AC 'Ill C///.j.9
/, jflhII I4/tØ STREETR/W 1.70 AC 22%
. i' f /// DANA BIEBER DATE • PUBLIC .74 AC 7,/I 7o
ENGINEER .. PRIVATE
PUILDINGCOVERAGE
.96 AC
1.4 AC 18%
CFP ASSOCIATED GRADING QUANTITIES 2000 C30,700 F 8265-A VICKERS ST. IMPORT 21.100
SAN DIEGO, CA. 92111 PERCENT OF PROJECT IN
(619) 292-1353 . PAVEMENT .22%
. LANDSCAPING 45%
4 I4 . . PARKING TOTAL ios 4 1 21-41 GUEST 20 (13I0'rI 1J • . RUCEA.TAiT RCE 32247 - RV 5 I$40$OFTIOTh
Ii I
st-. -
\
OWNER COVERED . 84
I .. OPEN SPACE
FERRERO,SPmTOS,ETAI. -. - NATURAL 1.2 AC 15% I - • 2101 W. BEVERLY BLVD. LANDSCAPED 3.5 AC 45% MO TEBELLO,CA. 90640 j.- TOTAl. 4.7 AC 60%
POR71ON OF P RI--
F. NOTES - - - -
IZ0CATN TO IL GENERAL PLAN
DESIGNkTION
EXJS11NG ZONING
RMH 8-11.5 DO/AC PLAI*IED COMM.
\ \LgIAL DESCRPTION PROPOSED ZONING
SEWER . PC
CITY OF CARLSBAD
WATER .
STORM
COSTA REAL WATER
CITY OF CARLSBAD
ELECTRICAL & GAS SDG&E ® \ - TELEPHONE
CABLE TV PACIFIC BELL
CABLEVISION
FIRE/POLICE CITY OF CARLSBAD
TOPOGRAPHY
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