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HomeMy WebLinkAboutCT 89-19; BROCATO; Tentative Map (CT)r,t AM}j1 -- ORDER NO. 986020-11 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 (619) 238-1776 JULY 15, 1991 e.'r f9-1' ODMARK & THELAN 1010 UNIVERSITY, SUITE 201 SAN DIEGO, CALIFORNIA ATTN: ANNETTE FRIEDLEIN OUR ORDER NO. 986020-11 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF JULY 12, 1991 AT 359 P.M. ROY ' PROVENCE/CM - TITLE OFFICER DIRECT DIAL PHONE 231-4652 PAGE / CS AMLR 1 - -1- - '-S -- I ORDER NO. 986020-11 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: PRELIMINARY TITLE REPORT TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: ODMARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1991-92, A LIEN, NOT NOT YET PAYABLE. - 2. SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA REVENUE AND TAXATION CODE. REPORT TO FOLLOW. - 3. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF .THE CALIFORNIA REVENUE AND TAXATION CODE. 4. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. PAGE 2 0 •;\ :' -- AN - ORDER NO. 986020-11 5. THE EFFECT,1 IF ANY, OF RECORD OF SURVEY MAP NO. 1676, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. AFFECTS PARCEL B. 6. AN EASEMENT FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, A LINE OF POLES WITH WIRES SUSPENDED THEREON AND ALL NECESSARY AND PROPER GUYS, ANCHORAGE, CROSSARNS AND BRACES AND OTHER FIXTURES FOR USE IN CONNECTION THEREWITH, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED DECEMBER 22, 1948 IN BOOK 3058, PAGE 155 OF OFFICIAL RECORDS, LOCATED WITHIN THAT CERTAIN PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, CONVEYED TO JOHN C. LYMAN, BY DEED RECORDED IN BOOK 1992, PAGE 116 OF OFFICIAL RECORDS OF THE SAID COUNTY OF SAN DIEGO. EXCEPTING THEREFROM THE SOUTH 240.6 THEREOF. THE ROUTE OF SAID LINE OF POLES AND WIRES ACROSS SAID LAND SHALL BE AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 28; THENCE NORTHERLY ALONG THE WEST LINE THEREOF, 680.9 FEET; THENCE SOUTH 89 0 57 1 30" EAST 431.4 FEET; THENCE NORTH 81°27'30" EAST, 670.0 FEET TO THE TRUE POINT OF BEGINNING OF THE RIGHT OF WAY HEREIN DESCRIBED; THENCE FROM SAID POINT OF BEGINNING, SOUTH 81°27 1 30" WEST, TO THE WESTERLY LINE OF THE ABOVE DESCRIBED PROPERTY. AFFECTS PARCELS B AND C. 7. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF BATIQUITO DRIVE WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID ROAD AS -GRANTED IN DEED RECORDED MAY 4 1 1961 AS FILE NO. 7799 AND AUGUST 8, 1961 AS FILE NO. 136233, BOTH OF OFFICIAL RECORDS OR PORTIONS THEREOF OR UPON PROVIDING IN PLACE THEREOF OTHER ADEQUATE LATERAL SUPPORT, THE DESIGN AND CONSTRUCTION OF WHICH SHALL BE FIRST APPROVED BY THE STATE DIVISION OF HIGHWAYS, FOR THE PROTECTION AND SUPPORT OF SAID HIGHWAY. RESERVING UNTO GRANTORS OF THE ABOVE DESCRIBED PARCEL OF LAND, THEIR SUCCESSORS OR ASSIGNS, THE RIGHT AT ANY TIME TO REMOVE SUCH SLOPES OR PORTIONS THEREOF UPON REMOVING THE NECESSITY FOR MAINTAINING SUCH SLOPES OR PORTIONS THEREOF OR UPON PROVIDING IN PLACE THEREOF OTHER ADEQUATE LATERAL SUPPORT, THE DESIGN AND CONSTRUCTION OF WHICH SHALL BE FIRST APPROVED BY THE STATE PAGE 3 ç AMEj1 C __ •1 •i. •it.: '-1\ j; ORDER NO. 986020-11 DIVISION OF HIGHWAYS, FOR THE PROTECTION AND SUPPORT OF SAID HIGHWAY. AFFECTS PARCEL C. 8. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM THE STATE HIGHWAY, ADJACENT THERETO ON THE SOUTHWEST SAID RIGHTS HAVING BEEN RELINQUISHED BY DEED RECORDED APRIL 5, 1961 AS FILE NOS. 58606 THROUGH 58612, ALL OF OFFICIAL RECORDS. AFFECTS PARCELS A, B AND C. 9. AN EASEMENT FOR PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED JANUARY 23, 1963 AS FILE NO. 14065 AND MAY 9, 1963 AS FILE NOS. 80364 AND 80365, ALL OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: TWENTY FOOT EASEMENT FOR WATER LINE PURPOSES, SITUATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 28 AND IN LOT 1 OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SECTION 33, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE ALONG THE NORTHERLY LINE THEREOF EASTERLY 227.57 FEET; THENCE SOUTH 23031b0011 EAST, 597.11 FEET; THENCE SOUTH 17 0 06'00" EAST, 483.89 FEET; THENCE SOUTH 11 0 03 1 00" WEST, 326.50 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28; THENCE WESTERLY ALONG SAID SOUTHERLY LINE 89057 155*1 WEST, 204.17 FEET; THENCE SOUTHERLY 10.00 FEET, MEASURED AT RIGHT ANGLES TO SAID LAST MENTIONED SOUTHERLY LINE TO THE TRUE POINT OF BEGINNING; THENCE ALONG A LINE PARALLEL TO SAID SOUTHERLY LINE, NORTH 89 0 57 1 55" EAST, 204.17 FEET TO AN ANGLE POINT; THENCE NORTH 81 0 04 1 55" EAST, 413.18 FEET TO THE BEGINNING OF A 430.00 FOOT RADIUS TANGENT CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE, 266.92 FEET THROUGH AN ANGLE OF 35034 1 00 11 ; THENCE TANGENT TO SAID LAST MENTIONED CURVE NORTH 45 0 30 1 55" EAST, 286.07 FEET TO THE EASTERLY BOUNDARY OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, THE SAID LINE OF SAID EASEMENT TO BE PROLONGED OR SHORTENED AT THE TERMINUS OF SAID EASTERLY BOUNDARY. AFFECTS PARCEL B. PAGE 4 I • -ç A \t E j / C' -1 - _:Li'•'' '\\ •';••'j' _r,t 1'•. - ,' -••.:•- ORDER NO. 986020-11 10. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM FREEWAY XI-SD-2-P SAID RIGHTS HAVING BEEN CONDEMNED BY FINAL DECREE OF CONDEMNATION, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 22, 1963 AS FILE NO. 89573 OF OFFICIAL RECORDS. AFFECTS PARCEL B. 11. AN EASEMENT FOR HIGHWAY SLOPES AND INCIDENTAL PURPOSES IN FAVOR OF THE STATE OF CALIFORNIA OF FINAL ORDER OF CONDEMNATION, A CERTIFIED COPY OF WHICH WAS, RECORDED MAY 22, 1963 AS FILE NO. 89573 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING IN THE SOUTH LINE OF LOT 1 OF SECTION 33 IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DISTANT ALONG SAID LINE SOUTH 69°05'40" EAST, 136.30 FEET FROM THE WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 69 0 58'02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676 FILED NOVEMBER 25, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY; THENCE NORTH 14 0 25 1 16" EAST, 116.50 FEET; THENCE NORTH 21 0 39 1 55" EAST, 400.03 FEET; THENCE NORTH 20 0 13'59" WEST, 400.03 FEET; THENCE NORTH 29 0 28 1 47" WEST, 101.12 FEET; THENCE NORTH 20 0 02 1 41" WEST, 651.23 FEET TO THE NORTHERLY LINE OF SAID SAVAGE LANDS; THENCE ALONG SAID SAVAGE LINE NORTH 89 0 15 1 01" EAST, 15.68 FEET TO THE WESTERLY LINE OF ABOVE DESCRIBED PARCEL 2A; THENCE ALONG SAID WESTERLY LINE SOUTH 2005657 EAST, 1629.56 FEET AND NORTH 69 0 05'00" WEST, 32.85 FEET; AND SOUTH 20 0 54 1 20" WEST, 60.00 FEET TO THE SAID SOUTH LINE OF LOT 1; THENCE ALONG SAID LOT LINE NORTH 69°05 1 40" WEST, 17.37 FEET TO THE POINT OF BEGINNING AND ALSO AN EASEMENT FOR HIGHWAY SLOPES DESCRIBED AS FOLLOWS: BEGINNING AN THE SOUTH LINE OF SAID LOT 1; DISTANT ALONG SAID LOT LINE SOUTH 69°05'40". EAST, 380.48 FEET FROM THE WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 69 0 58'02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676 FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY; THENCE NORTH 20 0 13 1 59" WEST, 624.61 FEET; THENCE NORTH 20 0 56 1 57" WEST, 400.00 FEET; THENCE NORTH 4 0 14 1 58" WEST 52.20 FEET; THENCE NORTH 20°11'07" WEST, 659.45 FEET TO THE NORTH LINE OF SAID SAVAGE LANDS; THENCE ALONG SAID NORTH LINE SOUTH 89 0 15 1 01" WEST, 41.33 FEET TO THE EAST LINE OF THE FIRST ABOVE DESCRIBED EASEMENT; THENCE ALONG SAID EAST LINE SOUTH 20 0 56'57" EAST 1741.78 FEET TO THE SOUTH LINE OF SAID LOT 1; THENCE ALONG SAID LOT LINE SOUTH 69 0 05 1 40" EAST 9.66 FEET TO THE POINT OF BEGINNING. AFFECTS PARCEL B. PAGE 5 røi AME,, '\\ ? ORDER NO. 986020-11 12. AN EASEMENT FOR THE PURPOSE OF ERECTING, CONSTRUCTING, RECONSTRUCTING, REPLACING, REPAIRING, MAINTAINING AND OPERATING WATER SYSTEM, SEWERAGE, DRAINAGE, UNDERGROUND POWER LINE, EXCAVATION, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS TO AND FROM SAID RIGHT OF WAY BY PRACTICAL ROUTE OR ROUTES, TOGETHER WITH THE RIGHT TO CLEAR AND KEEP CLEAR SAID RIGHT OF WAY FROM BUILDINGS, STRUCTURES, TREES AND BRUSH, AND ANY SIMILAR SURFACE OR SUBSURFACE ENCROACHMENT WHICH MAY INTERFERE WITH REASONABLE AND PROPER USE OF THE RIGHT OF WAY EASEMENT AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED MARCH 11, 1976 AS FILE NO. 76-071621 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: A STRIP OF LAND 10.00 FEET IN WIDTH, BEING 5.00 FEET IN WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE AND ALL CONTAINED WITHIN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. COMMENCING AT THE SOUTHEASTERLY CORNER OF CARLSBAD TRACT NO. 73- 24 ACCORDING TO MAP NO. 7996 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY SAID SOUTHEASTERLY CORNER BEING A POINT IN THE SOUTH LINE OF SAID SECTION 28; THENCE NORTH 19 0 08 1 32" EAST ALONG THE SOUTHEASTERLY LINE OF SAID MAP NO. 7996 A DISTANCE OF 5.90 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE TO BE DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING NORTH 80 0 13'13" EAST A DISTANCE OF 365.99 FEET TO THE WESTERLY LINE OF LAGOON LANE AS IT NOW EXISTS, SAID COURSE BEING PARALLEL WITH AND 5.00 FEET NORTHERLY OF THE NORTHERLY LINE OF THAT 20.00 FOOT WIDE EASEMENT GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED JANUARY 23, 1963 AS FILE NO. 14065 OF OFFICIAL RECORDS, IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY. THE SIDELINES OF THE ABOVE DESCRIBED 10.00 FOOT WIDE EASEMENT ARE TO BE LENGTHENED OR SHORTENED SO AS NECESSARY SO AS TO FORM A CONTIGUOUS BOUNDARY FROM THE BOUNDARY OF SAID MAP NO. 7996 TO THE WESTERLY LINE OF SAID LAGOON LANE. AND ALSO A STRIP OF LAND 20.00 FEET IN WIDTH, BEING 10.00 FEET IN WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE AND ALL CONTAINED WITHIN LOT 1 OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF LOT 1 OF SECTION 33 ACCORDING TO OFFICIAL PLAT THEREOF RETRACED ACCORDING TO RECORD OF SURVEY MAP NO. 6269 RECORDED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY; THENCE NORTH 0 0 45 1 31" WEST ALONG THE EASTERLY LINE OF SAID LOT 1 A DISTANCE OF 10.76 FEET TO THE PAGE 6 0 .. C' • .• .- ORDER NO. 986020-11 TRUE POINT gOF BEGINNING OF THE CENTERLINE TO BE DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING, NORTH 69°04 1 40" WEST A DISTANCE OF 136.61 FEET ALONG A LINE THAT IS PARALLEL WITH AND 10.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID LOT 1, TO THE EASTERLY LINE OF LAGOON LANE AS IT NOW EXISTS. THE SIDELINES OF THE ABOVE DESCRIBED 20.00 FOOT WIDE EASEMENT ARE TO BE LENGTHENED OR SHORTENED AS NECESSARY SO AS TO FORM A CONTIGUOUS BOUNDARY ALONG EACH SIDE OF SAID 20.00 FOOT EASEMENT FROM THE EASTERLY LINE OF SAID LAGOON LANE TO THE EASTERLY LINE OF SAID LOT 1. OTHER PROVISIONS: IT IS FURTHER UNDERSTOOD BY THE PARTIES HERETO THAT GRANTEE SHALL NOT USE SAID EASEMENT FOR A ROAD OR FOR ANY VEHICULAR PASSAGE, NOR FOR A ROUTE TO GAIN SERVICE ACCESS TO THE PUMP STATION. GRANTOR AND SUCCESSORS IN ESTATE MAY USE EASEMENT FOR LIGHT RECREATION AND/OR LIGHT LANDSCAPING, PROVIDING SUCH FUNCTIONS DO NOT INHIBIT GRANTEE'S PROPER USE OF THE RIGHT OF WAY PROVIDED THAT SHOULD MAINTENANCE NEEDS SO REQUIRE, GRANTEE HAS THE RIGHT TO REMOVE SANE. AFFECTS PARCEL B. 13. AN EASEMENT FOR AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL AND FOR THE FLOWAGE OF ANY WATERS IN, OVER, UPON OR THROUGH SAID CHANNEL, TOGETHER WITH THE PERPETUAL RIGHT TO REMOVE BUILDINGS, STRUCTURES, TREES, BUSHES, UNDERGROWTH, AND ANY OTHER OBSTRUCTION INTERFERING WITH THE USE OF SAID EASEMENT AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1 1 RECORDED OCTOBER 27, 1976 AS FILE NO. 76-357921 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 89 0 08 1 38" EAST ALONG THE NORTHERLY LINE THEREOF 340.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 0 08'38" EAST, 18.04 FEET TO THE WESTERLY LINE OF THAT LAND CONVEYED IN PARCEL 2 IN THAT CERTAIN DEED TO THE STATE OF CALIFORNIA RECORDED APRIL 6, 1965 AS FILE NO. 60313 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE SOUTH 20 0 56'47" EAST ALONG SAID WESTERLY LINE 48.30 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 69 0 03 1 13" WEST, 16.75 FEET; THENCE NORTH 20 0 56 1 47" WEST, 55.00 FEET TO THE TRUE POINT OF BEGINNING. AFFECTS PARCEL C. PAGE 7 EPA -ç A M E R 'C -1 4 . ORDER NO. 986020-11 14. AN EASEMENT FOR SEWER AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED MARCH 21, 1977 AS FILE NO. 77-102621 OF OFFICIAL RECORDS. THE ROUTE OR LOCATION CANNOT BE DETERMINED FROM SAID INSTRUMENT. AFFECTS PARCEL A. 15. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED MAY 10, 1977 AS FILE NO. 77-177429 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THAT CERTAIN STRIP OF LAND 10.00 FEET IN WIDTH, LYING ADJACENT TO, CONTIGUOUS WITH AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE NORTH 00 0 45'31" WEST, ALONG THE EASTERLY LINE OF SAID LOT 1 A DISTANCE OF 10.76 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING NORTH 69,04'40" WEST, A DISTANCE OF 136.61 FEET ALONG THAT IS PARALLEL WITH AND 10 FEET NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF SAID LOT 1 1 TO THE EASTERLY LINE OF "LAGOON LANE" AS IT NOW EXISTS. THE SIDELINES OF THE ABOVE DESCRIBED 10 FOOT WIDE EASEMENT ARE TO BE LENGTHENED OR SHORTENED AS NECESSARY SO AS TO FORM A CONTIGUOUS BOUNDARY ALONG EACH SIDE OF SAID 10 FOOT EASEMENT, FROM THE EASTERLY LINE OF SAID "LAGOON LANE" TO THE EASTERLY LINE OF SAID LOT 1. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. OTHER PROVISIONS TO EASEMENT AND RIGHT OF WAY: GRANTEE SHALL NOT USE SAID EASEMENT FOR A ROAD OR FOR ANY VEHICULAR PASSAGE, NOR FOR A ROUTE TO GAIN SERVICE ACCESS TO THE PUMP STATION. GRANTOR AND SUCCESSORS IN ESTATE MAY USE EASEMENT FOR LIGHT RECREATION AND/OR LIGHT LANDSCAPING, PROVIDING SUCH FUNCTIONS DO NOT INHIBIT GRANTEE'S PROPER USE OF THE RIGHT OF WAY AND PROVIDED THAT SHOULD MAINTENANCE NEEDS SO REQUIRE, GRANTEE HAS THE RIGHT TO REMOVE SAME. AFFECTS PARCEL B. PAGE 8 AI k. -,-'.- -1 / ORDER NO. 986020-11 16. AN EASEMENT FOR PUBLIC ACCESS AND INCIDENTAL PURPOSES IN FAVOR OF THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE STATE OF LANDS COMMISSION, RECORDED APRIL 29, 1986 AS FILE NO. 86-166934 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 11; THENCE ALONG THE NORTHEASTERLY LINE OF LOT 12, NORTH 69°05'16" WEST 133.56 FEET TO THE EASTERLY RIGHT OF WAY LINE OF BATIQUITOS DRIVE AS SAID RIGHT OF WAY IS DESCRIBED AS PARCEL 2A IN THE JUDGMENT RECORDED MAY 22, 1963 AS FILE NO. 89573 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 69°05'16" WEST ALONG THE NORTHEASTERLY LINE OF LOT 12 TO A POINT THAT IS 40 FEET, AS MEASURED AT RIGHT ANGLES, FROM SAID EASTERLY RIGHT OF WAY LINE; THENCE SOUTHERLY ALONG A LINE THAT IS PARALLEL WITH SAID RIGHT OF WAY LINE, AND ITS EXTENSION, TO THE AGREED BOUNDARY LINE AS DESCRIBED IN EXHIBIT 2 OF THIS AGREEMENT; THENCE SOUTHEASTERLY ALONG THE AGREED BOUNDARY LINE TO A LINE WHICH IS 300 FEET FROM AND PARALLEL WITH THE SOUTHERLY LINE OF LOT 11; THENCE SOUTH 89 0 10'56" EAST TO A LINE WHICH IS 40 FEET FROM AND PARALLEL WITH THE AGREED BOUNDARY LINE; THENCE NORTHWESTERLY ALONG A LINE WHICH IS PARALLEL AND CONCENTRIC WITH THE AGREED BOUNDARY LINE TO THE EASTERLY LINE OF LOT 12; THENCE NORTHERLY ALONG THE EASTERLY LINE OF LOT 12, 1.46 FEET TO THE POINT OF BEGINNING. AFFECTS PARCEL A. 17. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $365,134.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED OCTOBER 27, 1988 AS FILE NO. 88-547917 OF OFFICIAL RECORDS. DATED: APRIL 8, 1985 TRUSTOR: WILLIAM C. SAVAGE AND BETTY JUNE SAVAGE, C0 TRUSTEES OF THE SAVAGE REVOCABLE INTERVIVOS TRUST U/T/D JUNE 30, 1982 - TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: JOHN C. LYMAN, A WIDOWER AFFECTS PARCEL C. AN INSTRUMENT DATED MARCH 6, 1989, RECORDED MARCH 7, 1989 AS FILE NO. 89-117111 OF OFFICIAL RECORDS, EXECUTED BY WILLIAM C. SAVAGE, TRUSTEE, BETTY J. SAVAGE, TRUSTEE AND JOHN L. LYMAN PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED. AN ASSIGNMENT AND ASSUMPTION OF STRAIGHT NOTE RECORDED MARCH 9, 1989 AS FILE NO. 89-121486 OF OFFICIAL RECORDS. PAGE 9 • •• CS.t AMEJ .1.. ORDER NO. 986020-11 SAID DEED OF TRUST IS SUBORDINATE TO THE OPEN SPACE DEED RESTRICTION RECORDED JULY 12, 1991 AS FILE NO. 1991-0344280 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED JULY 12 9 1991 AS FILE NO. 1991-0344281 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION RECORDED JULY 12, 1991 AS FILE NO. 1991-0344285 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED JULY 12, 1991 AS FILE NO. 1991-0344286 OF OFFICIAL RECORDS. 18. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $278,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED MARCH 9, 1989 AS FILE NO. 89-121479 OF OFFICIAL RECORDS. DATED: MARCH 9 1 1989 TRUSTOR: ODMARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: DELBERT L. STOKESBARY AND HARRIET B. STOKESBARY, HUSBAND AND WIFE, AS TO AN UNDIVIDED THREE-FOURTH INTEREST AND W. GAYLE THOMPSON, AS TO AN UNDIVIDED ONE-FOURTH INTEREST AFFECTS AN UNDIVIDED 1/3 INTEREST IN PARCEL B. AN ASSIGNMENT BY LEANNA BETH THOMPSON TO W. GAYLE THOMPSON, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, WAS RECORDED MARCH 9, 1989 AS FILE NO. 89-121480 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE IRREVOCABLE OFFER TO DEDICATE OPEN SPACE EASEMENT RECORDED JULY 12, 1991 AS FILE NO. 1991-0344277 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED JULY 12, 1991 AS FILE NO. 1991-0344278 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE OPEN SPACE DEED RESTRICTION RECORDED JULY 12, 1991 AS FILE NO. 1991-0344280 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED JULY 12, 1991 AS FILE NO. 1991-0344283 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION RECORDED JULY 12, 1991 AS FILE NO. 1991-0344285 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED JULY 12, 1991 AS FILE NO. 1991-0344288 OF OFFICIAL RECORDS. PAGE 10 0 C S. ?.. S •:-.' 19. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $4,122,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED MARCH 9, 1989 AS FILE NO. 89-121483 OF OFFICIAL RECORDS. DATED: MARCH 9, 1989 TRUSTOR: ODMARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: CORNERSTONE CHARITABLE REMAINDER UNITRUST AN INSTRUMENT DATED MARCH 29, 1990, RECORDED MAY 4, 1990 AS FILE NO. 90-244750 OF OFFICIAL RECORDS, EXECUTED BY ODMARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, A GENERAL PARTNERSHIP AND THE CORNERSTONE CHARITABLE REMAINDER UNITRUST PURPORTS TO MODIFY THE TERMS OF THE NOTE SEC JRED BY SAID DEED OF TRUST AS THEREIN PROVIDED. AFFECTS PARCELS A AND B. SAID DEED OF TRUST IS SUBORDINATE TO THE IRREVOCABLE OFFER TO DEDICATE OPEN SPACE EASEMENT RECORDED JULY 12, 1991 AS FILE NO. 1991-0344277 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED JULY 12, 1991 AS FILE NO. 1991-0344279 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE OPEN SPACE DEED RESTRICTION RECORDED JULY 12, 1991 AS FILE NO. 1991-0344280 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED JULY 12, 1991 AS FILE NO. 1991-0344284 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION RECORDED JULY 12, 1991 AS FILE NO. 1991-0344285 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED JULY 12, 1991 AS FILE NO. 1991-0344289 OF OFFICIAL RECORDS. 20. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $731,245.09, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED MARCH 9, 1989 AS FILE NO. 89-121485 OF OFFICIAL RECORDS. DATED: MARCH 9, 1989 TRUSTOR: ODMARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, A GENERAL PARTNERSHIP TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: SAVAGE REVOCABLE INTERVIVOS TRUST, U.D.T. DATED JUNE 30, 1982 PAGE 11 0( C' (% AN INSTRUMENT DATED MARCH 27, 1990, RECORDED APRIL 13, 1990 AS FILE NO. 90-201293 OF OFFICIAL RECORDS, EXECUTED BY ODMARX & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, A GENERAL PARTNERSHIP AND SAVAGE REVOCABLE INTERVIVOS TRUST, U.D.T. DATED JUNE 30, 1982 PURPORTS TO MODIFY THE TERMS OF THE NOTE SECURED BY SAID DEED OF TRUST AS THEREIN PROVIDED. AFFECTS PARCEL C. SAID DEED OF TRUST IS SUBORDINATE TO THE OPEN SPACE DEED RESTRICTION RECORDED JULY 12, 1991 AS FILE NO. 1991-0344280 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED JULY 12, 1991 AS FILE NO. 1991-0344282 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION RECORDED JULY 12, 1991 AS FILE NO. 1991-0344285 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED JULY 12, 1991 AS FILE NO. 1991-0344287 OF OFFICIAL RECORDS. 21. THE FACT THAT SAID LAND LIES WITHIN THE COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT, AS DISCLOSED BY A PROPOSED AMENDED BOUNDARY MAP RECORDED MAY 8 1 1989 AS 89-242769 OF OFFICIAL RECORDS. A NOTICE OF SPECIAL TAX LIEN FOR SAID COMMUNITY FACILITIES DISTRICT NO. 3. OF THE CARLSBAD UNIFIED SCHOOL DISTRICT RECORDED JULY 28, 1989 AS FILE NO. 89-400726 AND OCTOBER 5, 1989 AS FILE NO. 89-540361 AND APRIL 9, 1990 AS FILE NO. 90-189679, ALL OF OFFICIAL RECORDS. 22. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 12541, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 23 AN INSTRUMENT ENTITLED IRREVOCABLE OFFER TO DEDICATE FEE TITLE IN FAVOR OF STATE OF CALIFORNIA ACTING BY AND THROUGH THE STATE LANDS COMMISSION RECORDED JULY 3, 1991 AS FILE NO. 1991-0328096 OF OFFICIAL RECORDS. V 24. THE EFFECT OF AN INSTRUMENT ENTITLED NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO. CT 89-19, EXECUTED BY ODMARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, RECORDED JULY 3, 1991 AS FILE NO. 1991-0328097 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 12 V 9) A %1 ER / C -I •.%.. ,J '.\ •-r.1 - " s_- •, • - 125. AN IRREVOCABLE OFFER TO DEDICATE OPEN SPACE EASEMENT AND DECLARATION OF RESTRICTIONS IN FAVOR OF THE PEOPLE OF THE STATE OF CALIFORNIA, RECORDED JULY 12, 1991 AS FILE NO. 1991-0344277 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 26 AN OPEN SPACE DEED RESTRICTION RECORDED JULY 12, 1991 AS FILE NO. 1991-0344280 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 2 . A DEED RESTRICTION BY ODMARK & THELAN RECORDED JULY 12, 1991 AS FILE NO. 1991-0344285 OF OFFICIAL RECORDS. REFERENCE IS MADE TO- SAID INSTRUMENT FOR FURTHER PARTICULARS. 1990-1991 TAX INFORMATION: CODE AREA: PARCEL NO.: 1S INSTALLMENT: 2ND' INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT:- LAND VALUE: IMPROVEMENTS: EXEMPT: - CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09027 214-170-17 $13,758.53 PAID $13,758.53 PAID $2,550,000.00 $-o- $-o- 09027 214-170-21 $10,859.55 PAID $10,859.55 PAID $2,040,000.00 $-•0- $-0 - - 09027 214-170-22 $824.01 PAID $824.01 PAID $153,000.00 $-o- $-o- 09132 216-150-16 $282.96 PAID $282.96 PAIL) $51,000.00 $-0- PAGE 13 :s - CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09027 216-150-05 $4,347.13 PAID $4,347.13 PAID $816,000.00 09027 216-150-03 $5,448.59 PAID $5,448.59 PAID $1,020,000.00 PAGE 14 No .i: C. S I -'• -' ' I .- • -- ORDER NO. 986020-11 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF LOTS 11 AND 12 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33; THENCE ALONG THE WEST LINE OF SAID QUARTER-QUARTER SECTION SOUTH 0 0 45 1 06" EAST, 787.64 FEET (RECORD OF SURVEY NO. 6296 = SOUTH 1 0 20'42" EAST, 788.13 FEET) TO THE NORTHWEST CORNER OF SAID LOT 11 AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE ALONG THE NORTHEASTERLY BOUNDARY OF SAID LOT 11, THE FOLLOWING COURSES SOUTH 69 0 05 1 16" EAST, 228.10 FEET (RECORD OF SURVEY NO. 6296 = SOUTH 69 0 48'44" EAST, 228.23 FEET) AND SOUTH 32°11'15" EAST, 235.26 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JULY 13, 1978 AS FILE NO. 78-292074 OF OFFICIAL RECORDS; THENCE LEAVING THE BOUNDARY OF SAID LOT 11 ALONG THE NORTHERLY LINE OF SAID STATE LAND NORTH 89 0 10 1 56" WEST (DEED = NORTH 89 0 12 1 13" WEST) 119.72 FEET; THENCE LEAVING SAID STATE LAND NORTH 37 0 31 1 25" WEST, 149.14 FEET TO THE BEGINNING OF A TANGENT 450.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45 0 51'57 11 , A DISTANCE OF 360.23 FEET TO A POINT OF COMPOUND CURVATURE WITH AN 800.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 6 0 36 1 38" EAST; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID 800.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 27 0 21'03 11 , A DISTANCE OF 381.89 FEET TO A POINT COMMON TO THE NORTHEASTERLY LINE OF MISCELLANEOUS SURVEY NO. 637 (INTERSTATE - 5) AND THE NORTHWESTERLY BOUNDARY OF SAID LOT 12, A RADIAL LINE TO SAID POINT BEARS NORTH 20 0 44'25" WEST; THENCE LEAVING THE ARC OF SAID CURVE ALONG THE BOUNDARY OF SAID LOT 12, THE FOLLOWING COURSES NORTH 33 0 07 1 12" EAST, 234.45 FEET AND SOUTH 69 0 05 1 16" EAST, 454.48 FEET TO THE POINT OF BEGINNING. PAGE 15 ,-ç AMj1 •1 (ç ;:!\ __•._.t. - ORDER NO. 986020-11 PARCEL B: LOT 1 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. ALSO THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER NORTH 0°12 1 25" WEST, 746.00 FEET; THENCE SOUTH 89 0 47'35" WEST, 334.09 FEET; THENCE NORTH 43 0 15 1 25" WEST, 205.17 FEET; THENCE SOUTH 89 0 47'35" WEST, 475.16 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN DEED TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 OF DEEDS; THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND SOUTH 23°47 1 15" EAST (RECORD MAGNETIC BEARING SOUTH 38 0 20' EAST) 140.86 FEET TO AN ANGLE POINT; THENCE ALONG SAID EASTERLY LINE SOUTH 17°22'15" EAST, 477.94 FEET (RECORD SOUTH 31 0 55'00" EAST, 483.89 FEET) AND THENCE SOUTH 18°25'45" WEST, 322.56 FEET (RECORD SOUTH 03 0 46'00" WEST, 326.50 FEET) TO THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89 0 54 1 14" EAST, 855.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS DESIGNATED BY THE CALIFORNIA STATE HIGHWAY DEPARTMENT FOR FREEWAY AND SERVICE-ROAD PURPOSES, LEGALLY DESCRIBED BELOW AS PARCEL 1 AND PARCEL 2A, RESPECTIVELY, AND THAT PORTION OF SAID LOT 1 THAT LIES WESTERLY OF SAID PARCEL 1. PARCEL 1: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 33; THENCE ALONG THE NORTH LINE OF SAID SECTION 33, SOUTH 89 0 11 1 06" EAST, 263.68 FEET TO A LINE BEARING NORTH 32 0 46'41" WEST, FROM A POINT BEING AT COORDINATES Y=339,009.75 AND X=1,677,698.92 FEET; THENCE ALONG SAID LINE SOUTH 32 0 46'41" EAST, 561.91 FEET TO LAST SAID POINT; THENCE SOUTH 36 0 16'49" EAST, 353.55 FEET; THENCE SOUTH 25 0 2758" EAST, 88.85 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 1; THENCE ALONG LAST SAID LOT LINE AND ALSO THE SOUTHEASTERLY LINE OF SAID LOT 4, SOUTH 3300912711 WEST, 817.12 FEET TO A LINE BEARING SOUTH 31°00 1 45" EAST PAGE 16 6D A?.lLj 1 \ 1 .c - .r- - •"\- ORDER NO. 986020-11 FROM A POINfP BEING AT COORDINATES Y338,287.45 FEET AND X=1,677,302.83 FEET; THENCE ALONG LAST SAID LINE NORTH 31000l45t WEST, 381.54 FEET TO LAST SAID POINT; THENCE NORTH 18 0 04 1 10" WEST, 457.06 FEET; THENCE NORTH 25 0 07 1 11" WEST, 43.40 FEET TO THE WESTERLY LINE OF SAID LOT 1; THENCE ALONG SAID LOT LINE NORTH 0 0 54 1 54" WEST, 724.72 FEET TO THE POINT OF BEGINNING. PARCEL 2A: A STRIP OF LAND 60 FEET WIDE, THE CENTER LINE OF SAID 60 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING IN THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES Y=342,771.44 FEET AND X=1,677,158.09 FEET; THENCE ALONG SAID EAST LINE SOUTH 0 0 28'30" WEST, 743.06 FEET; THENCE ALONG A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 10,000 FEET THROUGH AN ANGLE OF 21025 '27", A DISTANCE OF 373.92 FEET; THENCE TANGENT TO LAST SAID CURVE SOUTH 20 0 56 1 57" EAST, 3088.43 FEET TO A POINT DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST; THENCE PARALLEL TO SAID LOT LINE NORTH 69 0 05 1 40 11 WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 80 0 08 1 25" EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1, LAST SAID ANGLE POINT BEING THE WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 69 0 58'02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY. PARCEL C: ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING NORTHERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: - BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 0 0 12 1 25" WEST, 746.00 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE SOUTH 89 0 47 1 35" WEST, 334.09 FEET; THENCE NORTH 43 0 15 1 25" WEST, 205.17 FEET; THENCE SOUTH 89 0 47'35" WEST, 475.16 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN PAGE 17 0 .-c AM}j1 C' :-\ •-"-" • . I. ORDER NO. 986020-11 DEED TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 OF DEEDS; THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND, NORTH 23°47 1 15" WEST, (RECORD MAGNETIC BEARING NORTH 38 0 20' WEST), 456.25 FEET TO THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28. EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID 60 FOOT STRIP IN THE AFORESAID LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES X=1,677,158.09 FEET AND Y=342,771.44 FEET; THENCE ALONG SAID EAST LINE SOUTH 00 0 28 1 30" WEST, 743.06 FEET; THENCE ALONG A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,000 FEET THROUGH AN ANGLE OF 21 0 25 1 27 11 , A DISTANCE OF 373.92 FEET; THENCE TANGENT TO LAST SAID CURVE SOUTH 20 0 56 1 57" EAST, 3088.43 FEET TO A POINT, DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST; THENCE PARALLEL TO SAID LOT LINE NORTH 69 0 05'40" WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 8 0 08 1 25" EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1 LAST SAID ANGLE POINT BEING WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 69 0 58'02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY AS GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 8, 1961 AS FILE NO. 136233 OF OFFICIAL RECORDS. PAGE 18 H 1 2 3 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: California Coastal Commission 45 Fremont Street, Suite 2000 San Francisco, CA 94105 ?tc' ZO-f,' DCC : 1991-0344289 2398 12-JUL--1991 03 3 59 ff' SAN DIEGO COJHY tCOR0[RS orriE AHNETIE EVAHS, COUNTY RECORDER 10.00 FEESt 11 9.00 AF: 8.00 IF: 1.00 4 - SUBORDINATION AGREEMENT 5 NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN 6 THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. (THIS NOTICE REQUIRED BY CALIFORNIA CIVIL CODE SECTION 2953.3) 7 ' 8j This qubordination agreement is made between CORNERSTONE CH!PITARTE REMAINDER 9 p UNITRUST, hereinafter called the 'Beneficiary", and ODMARK a THELAN AND THE 10 DAVIDSON COMPANIES PARTNERSHIP, a general partnership, hereinafter called the 11 "Trustor". The undersigned Beneficiary under Deed of Trust dated March 9, 1989, 12 and recorded on March 9, 1989 as Instrument No. 89-121483 of the Official 13 Records in the Office of the County Recorder of San Diego County, encumbering 14 Parcels A and B of the real property le5cribed in Exhibit A to this document, 15 which Deed of Trust has as Trustee FIRST AMERICAN TITLE INSURANCE COMPANY, 16 a California corporation, hereby acknowledges the Deed Restriction concerning 17 building setback and brush management practices and bui1dir, colors and 18 materials, required as a condition to t),e issuance of Coastal Development 19 Permit No. 6-90-311, and dated ' 1 i'' , executed by ODMARK & 20 THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, recorded concurrently 21 herewith and does hereby subordinate the interests of its D4--d of Trust 22 thereto on behalf of the Peofl' uI the State of California. 23 24 DATF.B: 25 (SIGNATUS ON NEXT PACE) ,j 4 26i 27 I/I 28 ('0 __ 0 It 2 r.' a if 1! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 I I I%flt' U. 10Q1-A679 I 2399 BENEFICIARY TRUSTOR: CORNERSTONE CHARITABLE REMAINDER ODMARK & THELAN AND THE DAVIDSON UN1TRUST COMPANIES PARTNERSHIP Bys Odm&ark & Thelan/Batiquitos Ltd., a California limited partnership Lloyd General Partner Trustee By: ODMARK & THELAN, a California general partnership, General Partner By: THE ODMARK DEVELOPMENT COMPANY, a California corporation & Ted P. Odmark, President By: ONTARIOVILLE HOLDING COMPANY, a California corporation, General Partner By /John D. Thelan,President By: Davidson Coscan Partners, a California general partnership By: THE DAVIDSON COMPANY, a California .orporation, General Partner William A. Davidson, President 21 STATE OF CALIFORNIA 22 )ss: COUNTY OF 23 V\ (iQI, before me, the undersigned, a Notary Public in and. 1 for said Sta , pertonally appeared Lloyd Copenbarger, Trustee, personally 24 knc mr proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to 25 me that he executed the ame. 26 F1 WITNESS my hand and seal. 271J OFFICIAL SEAL MRBARA J. NESS IfOrARY C.CAIWO MYCr.AU.. 28 Notary Public 13. 1,13 - __ - 2 (9 2400 STATE OF CALIFORNIA )sa, CO OF SAN DIEGO O ig /9g/ , before me, the undersigned, a Notary Public in and fid state, personally appeared TED P. ODMARK, known to me to be the P of The Odmark Development Company, the corporation that executed the within instrument and known to me to La the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of Odmark & Thelan, the general partnership that is known to me to be the general partner of Odmark & Thelanfatiquitos Ltd., the limited partnership known to me to be the general partner of Odmark & Thelan and The Davidson Companies Partnership, the general partnership that executed the within instrument, and acknowledged to me that said last named part ership executed the same. WITNESS my hand and official seal. ortxciM. SEAL " Christina M. Drake • NOTARY PUBUC CAtIFORNA SAN DIEGO COUNTY Ny COMM E;"s Mar 3 1995 Notary Public STATE OF CALIFORNIA COUNTY OF SAN DIEGO On it/i /P'ui , before me, the undersigned, a Notary Public in and fo aid state, personally appeared JOHN D. THELAN, known to me to be the P ident of Ontarioville Holding Company, the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporatioi, being known - me to be the general partner of Odmark & Thelan, the general partnership that is known to me to be the general partner of Odmark & Thelan/atiquitos Ltd., the limited partnership known to me to be the general pari.*Ter of Odmark& Thelan and The Davidson Companies Partnership, the general partnership that executed the within instrument, ..n acknowledged to me that said last named par'"ership executed the same. WITNESS my hand and official seal. Notary Public -------------- OF? ICIAL SEAL Chratlna M. Drake E1 YAaY PUSUC c*i rOqN,A& RAtc DIEGO COUN'Y Osgwg 5I 'go!, I/I I/I I/I -3- 0 10 11 12 13 14 15 16 17 18 19 20 a. 'a 22 23 24 25 26j 27 28 0 11 2401 1 STATE OF CALIFORNIA )ss 2 COUNT? OF SAN DIEGO 3 On —TA -if !'1 , before me, the undersigned, a Notary Put'lic in and for said state, personally appeirtd WILLIAM A. DAVIDSON, known to me to be 4 the President of The Davidson Company, the corporation that executed the within instrument and known to me to be the person who executed the within 5 instrument on behalf of said corporation, said corporation being known to me t, he the general partner of Davidson Coscan Partners, the general partnership 6 that is known to me to be the general partner of Odmark & Thelan and The Davidson Companies Partnership, the general partnership that executed the within instrument, and acknowledged to me that said last named partnership executed the same. AXil 8 WITNESS my hand and official seal. 9 LYNN C. OOCm SHOEM .hrV V 11 -Rofy Public 121 " 13 14.1 /11 15 1 16 Ill l8 191 20 21 22 23 1 74 I 25 26jj II 27 I I —4- _____________ • - - AC 0 24O ft .Exf•::!1 ORDER NO. 9860203 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORMI COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF LOTS 11 AND 12 IN SECTION 33, TOWNSHIP 12 SOUTH RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAC COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICI FLAT THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF TN NORTHEAST QUARTER OF SAID SECTION 33; THENCE ALONG THE WEST LINE C SAID QUARTER-QUARTER SECTION SOUTH 045 1 06" EAST, 787.64 FEET (RECOP OF SURVEY NO. 6296 SOUTH 1*20 1 42 0 EAST, 788.13 FEET) TO TH NORTHWEST CORNER OF SAID LOT 11 AND THE TRUE POINT OF BEGINNINC THENCE LEAVING SAID WEST LINE ALONG THE NORTHEASTERLY BOUNDARy SAID LOT 11, THE FOLLOWING COURSES SOUTH 6905 1 16" EAST, 228.10 1L (RECORD OF SURVEY NO. 6296 • SOUTH 6948 1 44 EAST, 228.23 FEET) AN SOUTH 3211'15" EAST, 235.26 FEET TO THE NORTHEASTERLY CORNER 0? LAN DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JULY 13, 197 AS FILE NO. 78-292074 OF OFFICIAL RECORDS; THENCE LEAVING TN BOUNDARY OF SAID LOT 11 ALONG THE NORTHERLY LINE OF SAID STATE LAN NORTH 89'10 1 56" WEST (DEED - NORTH 891213M WEST) 119.72 FEET THENCE LEAVING SAID STATE LAND NORTH 37'31 1 25" WEST, 149.14 FEET THE BEGINNING OF A TANGENT 450.00 FOOT RADIUS CURVE CONCAV SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF bAlD CJRV THROUGH A CENTRAL ANGLE OF 4551 1 57 0 , & DISTANCE OF 360.23 FE TO POINT OF COMPOUND CURVATURE WITH AN '00.00 FOOT RADIUS CURVE CONCAV SOUTHERLY. ? RADIAL LINE TO SAID POINT BEARS NORTH 6363$ EAST THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE MC 0 SAID 800.00 FOOT RADIUS CURVE THUOUGH A CENTRAL ANGLE OF 27*21 1 03, DISTANCE OF 381.89 FEET TO A POINT COMMON TO THE NORTHEASTERLY LIN OF MISCELLANEOUS CRVEY NO. 637 (INTERSTATE - 5) AND TN NORTHWESTERLY BOUNDARY OF SAID LOT 12, A RADIAL LINE TO SAID POIN BEARS NORTH 2044 9 25" WEST; THENCE LEAVING THE ARC OF SAID CURV ALONG THE BOUNDARY OF SAID LOT 12, THE FOLLOWING COURSES NORT 3 .)7 1 12" EAST, 234.45 FEET AND SOUTH 6905t16M EAST, 454.48 FEET T THE POINT OF BEGINNING. 5 oJ (~ ~/ 'p. 2403 ORDER NO. 986020-12 PARCEL B: LOT 1 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PIAT THEREOF. ALSO THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER NORTH 0'12 1 25" WEST, 746.00 FEET; THENCE SOUTH 8947I35ft WEST, 334.09 FEET; THENCE NORTH 43'15 1 25" WEST, 205.17 FEET; THENCE SOUTH 89'47 1 35" WEST, 475.16 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN DEED TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 OF DEEDS; THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND SOUTH 23'47 0 15" EAST (RECORD MAGNETIC BEARING SOUTH 38'20' EAST) 140.86 FEET TO AN ANGLE POINT; THENCE ALONG SAID EASTERLY LINE SOUTH 17*22 1 15" EAST, 477.94 FEET (RECORD SOUTH 31'55'00 EAST, 483.89 FEET) AND THENCE SOUTH 1825145R WEST, 322.56 FEET (RECORD SOUTH 03'46 1 00" WEST, 326.50 FEET) TO THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89' 54'14" EAST, 855.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS DESIGNATED B'. THE CALIFORNIA STATE HIGHWAY DEPARTMENT FOR FREEWAY AND SERVICE-ROAD PURPOSES, LEGALLY DESCRIBED BELOW AS PARCEL 1 AND PARCEL 2A, RESPECTIVELY, AND THAT PORTION OF SAID LOT 1 THAT LASS WESTERLY OF SAID PARCEL 1. PARCEL 1: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 33; THENCE ALONG THE NORTH LINE OF SAID SECTION 33, SOUTH 89'11'06" EAST, 263.68 FEFT TO A LINE BEARING NORTH 3246 1 41" WEST, FROM A POINT BEING AT COLRDINATES Y'339,009.75 AND X-1,677,698.92 FEET; THENCE ALONG SAID LINE SOUTH 32'46'41' EAST, 561.91 FEET TO LAST SAID POINT; THENCE SOUTH 36'16'49" EAST, 353.55 FEET; THENCE SOUTH 252758M EAST, $8.85 - J FEET TO THE SOUTHEASTEkL,Y LINE OF SAID LOT It THENCE ALONG LAST SAID LOT LINE AND AIS" THE SOUTHEASTERLY LINE 07 SAID LOT 4, SOUTH 33'09 1 27" WEST, 817.12 FEET TO A LINE BEARING SOUTH 310045N EAST IN ilk 2404 ORDER NO. 986020-12 FROM A POINT BEING AT COORDINATES Y-33$,287.45 FEET AND X-1,677,302.83 FEET; THENCE ALONG LAST SAID LINE NORTH 3100 1 45" WEST, 381.54 FEET TO LAST SAID POINT; THENCE NORTH 18'04 1 10" WEST, 457.06 FEET; THENCE NORTH 2507 1 11" WEST, 43.40 FEET TO THE WESTERLY LINE OF SAID LOT 1; THENCE ALONG SAID LOT LINE NORTH 054 1 54" WEST, 724.72 FEET TO THE POINT OF BEGINNING. PARCEL 2A: A STRIP OF LAND 60 FEET WIDE, THE CENTER LINE OF SAID 60 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING IN THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST (UARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORLANATES Y-342,771.44 FEET AND X'1,677,158.09 FEET; THENCE ALONG SAID EAST LINE SOUTH 028'30" WEST, 743.06 FEET; THENCE ALONG A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 10,000 FEET THROUGH AN ANGLE OF 21'25 1 27", A DISTANCE OF 373.92 FEET; THENCE TANGENT TO LAST SAID CURVE SOUTH 2056 1 57" EAST. 3088.43 FEET TO A POINT DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST; THENCE PARALLEL TO SAID LOT LINE NORTH 6905 1 40" WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 8008 1 25" EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1, LAST SAID ANGLE POINT BEING THE WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 69'58 1 02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEER 26, X947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY. PARCEL C: ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING NORTHERLY AND NORT'EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT .HE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 012 1 25" WEST, 746.00 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE SOUTH 8947 1 35" WEST, 334.09 FEET; THENCE NORTH 431525 WEST, 205.1' FEET: THENCE SOUTH 89'4735N WEST, 475.16 FEET, MORE OR LESS, TO IiE CASTERLY LINE OF THAT LAND DESCRIBED IN 2405 ORDER NO. 986020-12 DEED TO A.M. VAIL, RECORDED JMtJMY 31, 1890 IN BOOK 157, PAGE 493 OF DEEDS: THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND, NORTH 23'47 1 15" WEST, (RECORD MAGNETIC BEARING NORTH 3820' WEST), 456.25 FEET TO THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SA SECTION 28. EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN P. STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID 60 FOOT STRIP IN THE AFORESAID LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES X.1677,158.09 FEET AND Y342,771.44 FEET; THENCE ALONG SAID EAST LINE SOUTH 0028 0 30" WEST, 743.06 FEET; THE'CE ALONG A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,000 FEET THROUGH AN ANGLE OF 2125 1 27", A DISTANCE or 373.92 FEET; THENCE TANGENT TO LAST SAID CURVE SOUTH 20'56 1 57" EAST, 3088.3 FEET TO A POINT, DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOP 1. OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST; THENCE PARALLEL TO SAID LOT LINE NORTH 6905'40" WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH $.0825M EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1 LAST SAID ANGLE POINT BEING WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 6958'02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY AS GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 8, 1961 AS FILE NO. 136233 OF OFFICIAL RECORDS. (II.. IIIITT El II I k I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This subordination agreement is made between DELBERT L. STOKESBARY and HARRIET B. STOKESBARY, hu' t nd and wife, as to an undivided three-fourths interest and N. GAThE THOMPSON, as to an undivided one-fourth interest, hereinafter collectively called the "Beneficiary", and ODMARK & TRELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, a general partnership, hereinafter called the "Trustor". The undersigned Beneficiary under Deed of Trust dated March 9, 1989, and recorded Mrch 9, 1989 as Instrument No. 89-121479 of the Official Records in the Office of the County Recorder of San Diego County, encumbering Parcel B of the real property described in Exhibit A to this document, which Deed of Trust has as Trustee FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, hereby acknowledges the Deed Restriction concerning building setback and brush management practices and building colors and materials, r-uired as a condition to the issuance of Coas. 1 Development Permit No. 6-90 .i and dated 9 1,LjV"i' /j , executed by ODMARK & THELAN AND THE DAVIDSON (I' COMPANIES PARTNERSHIP, recorded concurrently herewith, and does hereby subordinate the interests of its Deed of Trust thereto on behalf of the People of t... .tate of California. DATED /t (SIGNATURES ON NEXT rAC U .4 , 4.j 4 ...4 ,, d, ; , .. 1t ilii. %i.j.ju 12—,JUL--15'91 0359 P11 M. 2390 N D.E&: CGUNP PECONR"S ÜEFICE RECORDING REQUESTED BY AND tTTE EVANS, COUNTY REOGRDER WHEN RECORDED MAIL TO 10.00 FEES: 19.00 California Coastal Commission 45 Fremont Street, Suite 2000 I.O San Francisco, CA 94105 —'I SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN TER LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. (THIS NOTICE REQUIRED BY CALIFORNIA CIVIL CODE SECTION 2953.3) •1, 12-3UL1991 p 0 2391 I i BENEFICIARY: TRUSTOR: 2 ODMARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, a California general partnership 3 ___ General Partner 4 ueluert L. .uiceury By: Qomark a Tfleian/atiquitos Ltd., a California limited partnership, General Partner 6 Harriet B. Stokesbary By: ODMARK & THELAN, a California general partnership, General Partner ______________ By: THE ODMARK DEVELOPMENT COMPANY, 8 a California corporation General Partner 10 Ted P. Odmark, President 11 By: ONTARIOVILLE HOLDING COMPANY, 12 a California corporation, - General Partner 13 14 1' ).r:-_. By: is t.hn D. Thelar., President 16 By: DAVIDSON COSCAN PARTNERS, a California general partnership 17 By: THE DAV""SON COMPANY, a Ca. rnia Corporation, 18 General Partner 19 20: By: I William A. Davidson, ___ 21 President 22 I 11 TATE CF C..,...LFORNIA LOUNTY OF SAN DIEGO 23 or. May 17, 1991 , before me, the underigned, a Notary Public in and for said State, personally appeared DELBERT L. STOKESBARY and HARRIET B. 24 STOKESBARY, personally known to me (or p'cved to me on the basis of satisfactcry evidence) to be the pet..s whose names are ajacrioea .o tne winin InrumrV 25 and acknowd,ed—t,o me that ty executed the same. 26 WTN and and official seal. 27 - IU . STEPHANIE W 1AVIFc id *y p%UG.CAjf •1 Notary Public [ I —2- 10] 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 TO 1944 CA (9-54) CAT NO NNflO27 2392 J TICOR TITLE INSURANCE (Individual) STATE OP CALIFORNIA COUNTY OF 1cs } SS. On May 21st, 1991 before me. the undersigned, a Notary Public in and for said State, personally appeared Willard Gayle Thompson per(innlly known to me or proved to me on the basis of satisfactory evidence to be -_ TOM TANG within instrument and acknowledged that ....J2... pi,y i.cira the person— whose name _____ subscribed to the OffiALL%L cuted the same, '' LOS ANGELES COUNTY WITNESS my hand and official seal. , cmml J Docember 16, 1994 6 ._Z2:...__41 Signature 7 Tom Tang STATE OF CALIFORNIA )ss: COU1TY OF SAN DIEGO On \1LJ.../t/, 1991 , before me, the undersigned, a Notary Public in and foIsaid state, personally appeared TED P. ODMARK, known to me to be the Prjldent of The Odmark Development Company, the corporation that cxecuted the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of Odmark & Thelan, the general partnership that is known to me to be the general partner of Odmar'k & Thelan/Batiquitos Ltd., the limited partnership known to me to be the general partner of Odmark & Thelan and The Davidson Companies Partnership, the general partnership that executed the within instrument, and acknuwledged to me that said last named partnt-rship executed the same. Notary Public WIT ESS my hand and ofliclal seal ChnSti M. Drake MsCI" 5,,,,wa 3 ' TARY PUBLIC CAtIFORNIA OFFICIAL SEAL SAM 05500 COUNIY STATE OF CALIFORNIA )ss: COU1Y OF SAN DIEGO On ts.s_t_../hJ, /9%f , before me, the undersigned, a tary Public in and for/bald state, personall:' appeared JOHN D. THELAN, known to me to be the Pr dent of Ontarioville Holding Company, the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporat 4 on, said corporation being known to me .,.e the general partner of Odmark & Thelan, the goneral partnership that is known to me to be the general part -ier of Odmark & 'rnsdan/Batiqitos Ltd., the limited partners"ip known to me to be the general partner of Odmark & Thelan 25 , and The Davidson Companies Partnership, the general partnership that executed the within instrument, and acknowle'iged to me that said last named partnership 26 executed the . 27 WIT'1S y hand and official seal. °'"' SZA•L 28 AChriatina ______ ___H 0 1 '5 5' 3 4 5 (This area for official notarial seal) t? 2393 STATE OF CALIFORNIA )ss: COUNTY OF SAN DIEGO On ..Jt.kIJE before me, the undersigned, a Notary Public in and for said state, personally appeared WILLIAM A. DAVIDSON, known to me to be 4 the President of The Davidson Company, the corporation that executed the within instrument and known to me to be the person who executed the within 5 instrument on behalf of said corporation, said corporation being known to me o be the general partner of Davidson Coscan Partners, the general partrership 6 that is known to me to be the general partner of Odmark & Thelan and The Davidson Companies Partnership, the general partnership that executed th within instrument, and acknowledged to me that said last named partnership executed the, same. WITNESS my hand and official seal. 'J:raI.4L. a&Id LYNN cSHOfMAxfR NOTMYPIaUC 'C'M I 10 Wr(cQocIn'v P 11 Not 1' Public d 14 is 16 17 18 19 20 ' 21 22 23 24 25 26J 27 2$ -4- L64 1 2 EX 2394 'I L r 'r • A ' ORDER NO. 986020-12 LEGAL DESCRIPTION THE LAND RE2RRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF LOTS 11 AND 12 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARL.SBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33; THENCE ALONG THE WEST LINE OF SAID QUARTER-QUARTER SECTION SOUTH 045 1 06" EAST, 787.64 FEET (RECORD OF SURVEY NO. 6296 - SOUTH 1'20 0 42" EAST, 788.13 FEET) TO THE NORTHWEST CORNER OF SAID LOT 11 AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE ALONG THE NORTHEASTERLY BOUNDARY OF SAID LOT 11, THE FOLLOWING COURSES SOUTH 6905 1 16 EAST, 228.10 FEET (RECORD OF SURVEY NO. 6296 - SOUTH 69*48 0 44 0 EAST, 228.23 FEET) AND BOUTK3213.1 15" EAST, 235.26 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JULY 13, 1978 AS FILE NO. 78-292074 OF OFFICIAL RECORDS; THENCE LEAVING THE BOUNDARY OF SAID LOT 11 ALONG THE NORTHERLY LINE OF SAID STME LAND NORTH 8910 0 56 WEST (DEED - NORTH 89'12 1 13 WEST) 119.72 FEET: THENCE LEAVING SAID STATE LAND NORTH 3731 0 25 WEST, 149.14 FEET TO THE BEGINNING OF A TANGENT 450.00 FOOT RADIUS CURV CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45'5167, A DISTANCE OF 360.23 FEET TO A POINT OF COMPOUND CURVATURE WITH AN 80 .00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS w0kil 636 1 3$ EAST; THENCE NOflTHWESTERLY WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID 800.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 2721 0 03', A DISTANCE OF 381.89 FEET TO A POINT COMMON TO THE NORTHEASTERLY LINE OF MISCELLANEOUS SURVEY NO. 637 (INTERSTATE - 5) AND THE NORTHWESTERLY BOUNDARY OF SAID LT 12, A RADIAL LINE TO SAID POINT BEARS NORTH 2044 1 25" WEST; THENCE LEAVING THE ARC OF SAID CURVE ALONG THE BOUNDARY OF SAID LOT 12, THE FOLLOWING COURSES NORTH 33'07 1 12" EAST, 234.45 FEET AND SOUTH 6901160 EAST, 454.48 FEET TO THE POINT OF }..INNING. F- NO I I t $ 1, 2395 ORDER NO. 986020-12 PARCEL B: LOT 1 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. ALSO THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER NORTH 012 1 25" WEST, 746.00 FEET: THENCE SOUTH 8947 1 35" WEST, 334.09 FEET: THENCE NORTH 43'15 1 25" WEST, 205.17 FEET: THENCE SOUTH 8947 1 35" WEST, 475.16 FEET, MORE OR LEJS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN DEED TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 OF DEEDS: THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND SOUTH 23'47 1 15" EAST (RECORD MAGNETIC BEARING SOUTH 38'20' EAST) 140.86 FEET TO AN ANGLE POINT; THENCE ALONG SAID EASTERLY LINE SOUTH 1722 1 15" EAST, 477.94 FEET (RECORD SOUTH 3155'00 EAST, 4C3.89 FEET) AND THENCE SOUTH 18•25 1 4 WEST, 322.56 FEET (RECORD SOUTH 03'46'00" WEST, 326.50 FEET) TO THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG SAID $OUTHELY LINE SOUTH 8954 1 14" EAST, 855.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS DESIGNATED BY THF ALIFORNIA STATE HIGHWAY DEP\RTMENT FOR FREEWAY AND SERVICE-ROAD PURPOSES, LEGALLY DESCRIBED BELOW AS PARCEL 1 AND PARCEL 2A, RESPECTIVELY, AND THAT PORTION OF SAID LOT 1 THAT LIES WESTERLY OF SAID PARCEL 1. PARCEL 1: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 33; THENCE ALONG THE NORTH LINE OF SAID SECTION 3, SOU!4 8911 1 06" EAST, 263.68 FEET TO A LIN. ARING NORTH 3246 0 41" WEST, FROM A POINT BEING AT COORDINArES Y-339,009.75 AND X.1,677,698.92 FEET: THENCE ALONG SAID LINZ SOUTH 32'4641" EAST, 561.91 FEET TO LAST SAID POINT; THENCE SOUTH 3616 1 49" EAST, 353.55 FEET; THENCE SOUTH 2527'5" EAST, $8.15 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 1; THENCE ALONG LAST SAID LOT LINE AND ALSO THF ..•OUTHEASTERLY *..INE OF SAID LOT 4, SOUTH 33*09 0 27" WEST, 817.12 FEET TO A LINE BEARING SOUTH 31'00'45 EAST - - - - - --- 0 .- ' 1!; Of I 2306 ORDER NO. 986020-12 OM A POINT BEING AT COORDINATES Y-338,287.45 FEE? AND 1,677,302.83 FEET; THENCE ALONG LAST SAID LINE NORTH 3100'45" ST, 381.54 FEET TO LAST SAID POINT; THENCE NORTH 1804 1 10" WEST, 17.06 FEET; THENCE NORTH 25 1 07 1 11" WEST, 43.40 FEET TO THE WESTERLY :NE OF SAID LOT t; THENCE ALONG SAID LOT LINE NORTH 054'54" WEST, !4.72 FEET TO THE POINT OF BEGINNING. %RCEL 2A: STRIP OF LAND 60 FEET WIDE, THE CENTER LINE OF SAID 60 FOOD STRIP EING DESCRIBED AS FOLLOWS: EGINNING IN THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 2 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY F CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO FFICIAL FLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 'BET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE ;OUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING T COORDINATES Yz342,771.44 FEET AND X-1,677,158.09 FEET; THENCE LONG SAID EAST LINE SOUTH 028'30" WEST, 743.06 FEET; THENCE ALONG A L'AI4GENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 10,000 F.ET FHROUGH AN ANGLE OF 21'25 1 27", A DISTANCE OF 373.92 FEET; THENCE I'ANGENT TO !AST SAID CURVE SOUTH 20'56 1 57" EAST, 3088.43 FEET TO A POINT DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST; THENCE PARALLEL TO SAID LOT LINE NORTH 69'05 1 40" WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 8008 1 25" EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SA&D LOT 1, LAST SAID ANGLE POINT BEING THE WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 6958 1 02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY. PARCEL C: ALL THAT PORTION OF THE SVJTHWEST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL FLAT THEREOF, LYING NORTHERLY AND NORTHEASfERLY OF THE FOLLOWING DESCRIBED LiNE: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHFAST Q!',%-TER OF SECTION 28; THENCE ALONG THE EAST LINE OF SAID SOUTH.-EST QUARTER OF THE SOUTHEAST QUARTER, NORTH 0'12'25" WEST, 746.00 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE: THENCE SOUTH 89'47 1 35" WEST, 334.09 FEET: THENCE NORTH 4315'25" WEST, 205.17 FEET: THENCE SOUTH 8947 1 35" WEST, 475.16 FEET, MORE OR LESS, TO THE ZASTERLY LINE "F THAT LAND I.ESCRIBED IN .ITTT m 4 4, L 2397 ORDER NO. 986020-12 DEED TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 OF DEEDS; THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND, NORTH 23'47 1 15" WEST, (RECORD MAGNETIC BEARING NORTH 38 6 20' WEST), 456.25 FEET TO THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28. EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID 60 FOOT STRIP IN THE AFORESAID LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALON3 SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SCUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES X=1,677,158.09 FEET AND Y342,771.44 FEET: THENCE ALONG SAID EAST LINE SOUTH 0028 1 30" WEST, 743.06 FEET: THENCE ALONG A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,000 FEET THROUGH AN ANGLE OF 2125 1 27", A DISTANCE OF 373.92 FEET: THENCE TANGENT TO LAST SAID CURVE SOUTH 2056 1 57" EAST, 3088.43 FEET TO A POINT, DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST: THENCE PARALLEL TO SAID LOT LINE NORTH 6905 1 40" WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 808 1 25" EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINP. OF SAID LOT 1 LAST SAID ANGLE POINT BEING WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 6958 1 02" REST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY AS GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 8, 1961 AS FILR NO. 136233 OF OFFICIAL RECORDS. 0• Ile I R. I '12.fD CLU flF riRci Rt CO. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: California Coastal Commission 45 Fremont Street, Suite 7000 San Ftancisco, CA 94105 qi60 DUC 4:1991-0344287 2382 12-JUL--1991 0359 SAN D1E0 COUNTY RE0'S OFFICE AkNETTE EVANSi COUNTY RECORDER 1.00 FEES: 8.00 flFt 1.00 SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTERESI' IN j THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN Tifi LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. (THIS NOTICE REQUIRED BY CALIFORNIA CIVIL CODE SECTION 2953.3) This subordination agreement is made between SAVAGE REVOCABLE INTER'IVOS TRUST, U.D.T. DATED JUNE 30, 1982, hereinafter called the "Beneficiary", and ODMARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, a general partnership, hereinafter called the "Trustor". The undersigned Beneficiary under Deed of 12 Trust, dated March 9, 1989, and recorded on March 9, 1989 as Instrument No. 13 89121485 of the Official Records in the Office of the County Recorder of 14 San Diego County, encumbering Parcel C of the real property described in 15 Exhibit Atot1iiocument, which Deed of Trust has as Trustee FIRST AMERIC 16 TITLE INSURANCE COMPANY, a California corporation, hereby ar.knowledgec the 17 Deed Restriction concerning building setback and brush management practices 18 and building colors and materials, required as a condition to the issuance of 19 Coastal Development Permit No. 6-90-311, and dat. ,t&.44 I( '?/J -, 20 executed by ODMARK 6 THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, recorded 21 concurrently herewith, and does hereby sur'rdinate the interests of its 22 Deed of Trust thereto on b&'-f of the People of the State of California. 23 24 Dated: " (SIGNATURES ON NEXT PACE) tAA 26 bof 27 281//i 0 ) --• ---- 2 3 4 5 10 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - --. I 2383 BENEFICIARY: TRUSTOR: SAVAGE REVOCABLE INTERVIVOS TRUST ODMARK & THELAN AND THE DAVIDSON COMPANIES U.D.T. DATED JUNE 30, 1982 PARTNERSHIP By:By: Odmark & Thelan/Batiquttos Ltd., a .fWI*1 ' California limited partnership William C. Savage I By: ODMARK & THELAN, a California general partnership, General Partner By: By: THE ODMARK DEVELOPMENT CL ANY, Betty J(avage a California corporation, General Partner By..i Ted P. Odmark, President By: ONTARIOVILLE HOLDING COMPANY, a California corporation, General Partner By: 9f7 '7John D. Thelan, President By: DAVIDSON COSCAN PARTNERS, a California general partnership. General Partner By: THE DAVSON COMPANY, a California corporation, General Partner William A. Davidson, Preside STATE OF CALIFORNIA COUNTY OF SAN DIEGO On / ___ , before me, the undersigned, a Notary Public In and for sajd State, 'personally appeared William C. Savage and Betty J. Savage, P -sorally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. WITNESS my hand and official seal. ----.--- -- co 71 Notary public7 —2- - 22 23 24 25 26 27 I 28/ Notary Public III I/I 'p OFFICIAL ]rakeChristina M. ,AY PUSUC CA UN DQ COu i Mm I/I -3- ma El 2384 I 2 3' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 STATE OF CALIFORNIA COI.NTY OF SAN DIEGO On.j4.a_.L._//, 1ç'91 , before me, the undersigned, a Notary Public in and said state, personally appeared TED P. ODMARK, known to me to be the of The Odmark Development Company, the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of Odmark & Thelan, the general partnership that is known to me to be the general partner of Odmark & Thelan/8atiquitos Ltd., the limited partnership known to me to be the general partner of Odmark & Thelan and The Davidson Companies Partnership, the general partnership that executed the within instrument, and acknowledged to me that said last named partnership executed the same. WITNESS my hand and official seal. OFFICI SEAL Christina M. Drake ry Public P%SSL'C CALIF 8A4 ofOO COuld VY j 5,crvr EmsM S swep STATE OF CALIFORNIA )as. coujr OF SAN DtEGO ) On W~~= /ex 1 9 4i , before me, the undersigned, a Notary PubLic in and for said state, personally appeared JOHN D. THELAN, known to rø to be the Pr ident of Ontarioville Holding Company, the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of Odmark & The4an, the general partnership that known to me to be the general partner of Odmark & Thelan/atiquitos Ltd., the limited partnership known to me to be the genera' partner of Odmark & Thelan a"d The Dividson Companies Partnership, the general partnership that executed. the within instrument, and acknowledged to me that said last named partnership executed the same. WITNESS my hand and official &..l. 0 -.-. 2385 STATE OF CALIFORNIA )asx COUNT? OF SAN DIEGO On , before me, the undersigned, a Notary Public in and for said state, personally appeared WILLIAM A. DAVIDSON, known to me to be the President of The Davidson Company, the corporation that executed he within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of Davidson Coscan Partners, the general partnership that is known to me to be the general partner of Odmark & Thelan and The Davidson Companies Partnership, the general partnership that executed the within instrument, and acknowledged to me that said last named partnership executed the same. WITNESS my hand and official seal. "A No 'Public I/I I/I I/I LYNN C. SHOEMAXE1 •NOTMYPiSUC. CMSM 60KOO CCUM COMM ElI. Mq 25.1553 —4- LI 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 • VA P-386 I Mt r i 1 Ii ORDER NO. 986020-12 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF LOTS 11 AND 12 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33: THENCE ALONG THE WEST LINE OF SAID QUARTER-QUARTER SECTION SOUTH 045 1 06" EAST, 787.64 FEET (RECORD OF SURVEY $0. 6296 - SOUTH 120420 EAST, 788.13 FEET) TO THE NORTHWEST CORNER OF SAID LOT 11 AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE ALONG THE NORTHEASTERLY BOUNDARY OF SAID LOT 2.1, THE FOLLOWING COURSES SOUTH 69'05 1 16 EAST, 228.10 FEET (RECORD OF SURVEY NO. 6296 - SOUTH 6948*440 EAST, 228.23 FEET) AND SOUTH 32'11 1 15" EAST, 235.26 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JULV 13, 1978 AS FILE NO. 78-292074 OF OFFICIAL RECORDS: THENCE LEAVING THE BOUNDARY OF SAID LOT 11 ALONG THE NORTHERLY LINE OF SAID STATE LAND NORTH 8910 9 56" WEST (DEED - NORTH 89.121130 WEST) 119.72 FEET: THENCE LEAVING SAID STATE LAND NORTH 37.31125N WEST, 149.14 FEET TO THE BEGINNING OF A TANGENT 450.00, FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVL THROUGH A CENTRAL ANGLE OF 45*5115701 A DISTANC' OF 360.23 FEET TO A POINT OF COMPOUND CURVATURE WITH AN 800.00 r: )1 RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 6.36038W EAST; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID 800.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 2721 1 03, A DISTANCE OF 381.89 FEET TO A PC TNT COMMON TO THE NORTHEASTERLY LINE OF MISCELLANEOUS SURVEY :;. 637 (INTERSTATE - 5) AND THE NORTHWESTERLY BOUNDARY OF SAID LOT 12, A RADIAL LINE TO SAID POINT BEARS NORTH 20'44 1 25" WEST; THENCE LEAVING THE ARC OF SAID CURVE ALONG THE BOUNDARY OF SAID LOT 12, THE FOLLOWING COURSES NORTH 33'07 1 12" L ST, 234.45 FEET AND SOUTH 69051160 EAST, 454.48 FEET TO THE POINT OF BEGINNING. 1 if O_ ' I N 2387 ORDER NO. 986020-12 PARCEL B: LOT 1 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PIAT THEREOF. ALSO THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PT-AT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER NORTH 012 1 25" WEST, 746.00 FEET; THENCE SOUTH 8947135N WEST, 334.09 FEET; THENCE NORTH 43'1525" WEST, 205.17 FEET; THENCE SOUTH 8947 1 35" WEST, 475.16 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN DEED TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 OF DEEDS; THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND SOUTH 23'47_PAT (RECORD MAGNETIC BEARING SOUTH 3820' EAST) 140.86 FEET TO AN ANGLE POINT: THENCE ALONG SAID EASTERLY LINE SOUTH 17'22 1 15" EAST, 477.94 FEET (RECORD SOUTH 31551000 EAST, 483.89 FEET) AND THENCE SOUTH 18'25'45' WEST, 322.56 FEET (RECORD SOUTH 03*46'00" WEST, 326.50 FEET) TO THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89'54 1 14" EAST, 855.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS DESIGNATED BY THE CALIFORNIA STATE HIGHWAY DEPARTMENT FOR FREEWAY AND SERVICE-'')AD PURPOSES, LEGALLY DESCRIBED BELOW AS PARCEL 1 AND PARCEL 2A, RESPECTIVELY, AND THAT PORTION OF SAID LOT 1 THAT LIES WESTERLY OF SAID PARCEL. 1. Tsr -- BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 33; THENCE ipi ALONG THE NORTH LINE OF SAID SECTION 33, SOUTH 8911'06" EAST, 263.68 FEET TO A LINE BEARING NORTH 3246'41" "EST, FROM A POINT BEING AT COORDINATE' "339,O09.75 AND X-1,677698.92 FEET; THENCE ALONG SAID LINE SOUTH 3246 1 41" EAST, $61.91 FEET TO LAST SAID POINT; THENCE SOUTH 36'16'49" EAST, 33.55 FEET; THENCE SOUTH 2527158M EAST, 88.85 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 1; THENCE ALONG LAST SAID LOT LINE AND ALSO THE SOUTHEASTERLY LINE OF SAID LOT 4, SOUTH 33'09'27" WEST, 817. FEET TO A LIRE BEARING SOUTH 3100'45" EAST ,uI 2388 ORDER NO. 986020-12 FROM A POINT BEING AT COORDINATES Y338,28745 FEET AND K-1,677,302.83 FEET: THENCE ALONG LAST SAID LINE NORTH 3100 1 45" NEST, 381.54 FEET TO LAST SAID POINT; THENCE NORTH 18'04'10" WEST, 457.06 FEET; THFHCE NORTH 25'07 1 11" WEST, 43.40 FEET TO THE WESTERLY LINE OF SAID LOT 1; THENCE ALONG SAID LOT LINE NORTH 0'54 1 54" WEST, 724.72 FEET TO THE POINT OF BEGINNING. PARCEL 2A: A STRIP OF LAND 60 FEET WIDE, THE CENTER LINE OF SAID 60 FOOT STRIP BEING DESCRIBED AS FOLLOWS:, BEGINNING IN THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES Y342,771.44 FEET AND X'-1,677,158.09 FEET; THENCE ALONG SAID EAST LINE SOUTH 0'28'30" WEST, 743.06 FEET; THENCE ALONG A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 10,000 FEET THROUGH AN ANGLE OF 21 0 25 1 27", A DISTANCE OF 373.92 FEET: THENCE EH,JST SAID CURVE SOUTH 2056'57" EAST, 3088.43 FEET TO A POINT DISTANT 30.00 FZE'l' AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST: THENCE PARALLEL TO SAID LOT LINE NORTH 69'05 1 40" WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 80'0825" EAST, 156.58 FEET FROM AN ANGLE ?OINT IN THE SOUTHERLY LINE OF SAID I)T 1, LAST SAID ANGLE POINT BEING THE WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 69'58 1 02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY. PARCEL C: ALL THAT PORTION OF THE SOUTHWEST CUARTER OF THE SOUTHEAST QUARTER IN SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, i4ING NORTHERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT TU? SOUTHEASTERLY CORNER OF SA4D SOUTHWEST QUARTER OF THE SOUT: EAST QUARTER OF SECTION 28; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 0'12 1 25" WEST, 746.00 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE SOUTH 89'47'35" WEST, 334.09 FEET; THENCE NORTH 43'15 1 25" WEST, 205.17 FFET; THENCE SOTITH 89'47 1 35" WEST, 475.16 FEED, MORE OR LESS, TO ThE. :ASTFRLY LINE OF THAT LAND DESCRIBED IN - - -. ------ - - 1 - 0 , II, I 2339 ORDER NO. 986020-12 DEE&) TO A.H. VAIL, RECORDED JANUAR Y 31, 1890 IN BOOK 157, PAGE 493 OF DEEDS: THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND, NORTH 2347 0 15" WEST, (RECORD MAGNETIC BEARING NORTH 38'20' WEST), 456.25 FEET TO THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28. EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN A STRIP OF lAND 60.00 FEET WIDE, THE CENTERLINE OF SAID 60 FOOT STRIP IN THE AFORESAID LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.31 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES X.t1,677,158.09 FEET AND Y342,771.44 FEET; THENCE ALONG SAID EAST LINE SOUTH 0028 1 30" WEST, 743.06 FEET; THENCE ALONG A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,COO FEET THROUGH AN ANGLE OF 2125 1 27", A DISTANCE OF 373.92 FEET; THENCE TANGENT TO LAST SAID CURVE SOUTH 20'56 1 57" EAST, 3088.43 FEET TO A POINT, DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST; THENCE PARALLEL TO SAID LOT LINE NORTH 6905 1 40" WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 803 1 25" EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1 LAST SAID ANGLE POINT BEING WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 6958 1 02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY AS GRANTED TO THE STATE OF CALl FORNI. BY DEED RECORDED AUGUST 8, 1961 AS FILE NO. 136233 OF OFFICIAL RECORDS. 1. 25 rifia DOC fl: 1991-0344284 2320 12-JUL-1991 03259 P1 p'mrro Rr0IJST or nRs'r ERiCA i'm! c. SA$CGU COUNTY RECORDER'S OFFICE ANNETTE EUANS, COUNTY RECORDER RECORDING REQUESTED BY AND 10.00 FEES:19. WHEN RECORDED MAIL TO; AFi 9.00 California Coastal Commission NEt 1.00 45 Fremont Street, Suite 2000 San Francisco, CA 94105 SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. (THIS NOTICE REQUIRED BY CALIFORNIA CIVIL CODE SECTION 2953.3) This subordination agreement is made between CORNERSTONE CHARITABLE REMAINDER 9 UNITRUST, hereinafter called the Beneficiary", and ODMARE & THELAN AND THE 10 DAVIDSON COMPANIES PARTNERSHIP, a general partnership, hereinafter called the ii i.Trustor'. The undersigned Beneficiary under Deed of Trust date'i March 9, 1989 12 iand recorded on March 9, 1989 as Instrument No. 89-121483 of the Official. 13 Records in the Office of the County Recnrder of San Diego County, encumbering 14 ilParcels A and B of the real property described in Exhibit A to this document, 15 which Deed of Trust has as Truste' FIRST AMERICAN TITLE INSURAN"E COMPANY, 16 j a California corporation, hereby acknowledges the Deed Restriction concerning il 17 11open space restrictions required as a condition to the issuance of Coastal 18 Development Permit No. 6-90-311, and dated U.--- R,' ,i'9(7f, executed U 19 y ODMAFE 1, TP'LA,I AND THE DAVIDSON COMPANIES PARTNERSHIP, recorded 20 Iconcurrently herewith, and does hereby subordinate the interests of its 21 Deed of Trust thereto on be - '.f of the People of the State of California. 22 i 23 Ii4 /ç 24 (SIGNATURES ON NEXT PAGE) 25 ivf 26 27 • 2811 a. C 3 4 5 6 7 8 rrr Ii: 1991-0344284 I 'it' 2330 BENEFICIARY TRUSTOR: CORNERSTONE CHARITABLE REMAINDER ODMARK & HELAN AND THE DAVIDSON UN IT RUST COMPANIES PARTNERSHIP Odmark 6 Thelan/Batiquitos Ltd. A P 'n'l A Al a California limited partnersh4 General Partner Trustee By: ODMARK 6 THELAN, a California general partnership, General Partner By: THE ODMARK DEVELOPMENT COMPANY, a California corporation - 9 P. Odmark, President By: ONTARIOVILLE HOLDING COMPANY a California corporation, General Partner By: Johr D. Thelan,Pres By: Davidson Coscan Partners, a California general partnership By: THE 'DAVIDSON COMPANY, a California corporation, General Partner William A. Davidson, President 64 21 STATE OF CALIFORNIA )ss: 22 COUNTY OF 23 j On kAO.A4 ( '1 '?4, before mi the undersigned, a Notary Public in and for said Stje, pesonally appeared L.oyd Copenbarger, Trustee, personally known to me (or proved to me on the busis of satisfactory evidence) to be the person woose name is subscribed to the within instrument and acknowledged to 25 me that he executed the same. 26 WITNESS my hand and seu. OFFICIAL SEAL __ BARBARA J. HESS 27 iIIIII] NOTARY PU&'C . CAUFORN% My Comm. £.. Au 13. 1a93 Notary Fublj.c Ono" P -2- 'I I 2 3 4 5 6 7 8 10 II 12 13 14 15 16 17 18 19 20 25xi 0-3259 M - ' 2331 1 STATE OF CALIFORNIA >55: 2 CO4NTY OF SAN DIEGO •) I / 3 On i9, /9/ , before me, the undersigned, a Notary Public in and I r 3 aid state, personally appeared TED P. ODMARP., known to me to be the 4 sidc'nt of The Odmark Development Company, the corporation that exeited the within instrument 2nd known to me to be the person who executed the within 5 instrument on behalf of said corporation, said corporation being known to me to be the general partner of Odmark & Thelan, the general partnership that is 6 known to me to be the general partner of Odmark & Thelan/Batiquitos Ltd., the limited partnership known to me to be the general partner of Odmark & Thelan and The Davidson Companies Partnership, the general partnership that executed the within instrument, and acknowledged to me that said last named partnership 8 executed the same. g WITNESS my hand and official seal. Christina M. Drake Co m Ell's 12 --Notary Public i.Atd 13 STATE OF CALIFORNIA )ss: 14 COUNTY OF SAN DIEGO 15 On / /2'/ , before me the undersigned, a Notary Public in and 19(Jsaid state, personally appeared JOHN D. THELAN, known to me to be the Ptsident of Ontarioville Holding Company, the corporation that executed the W within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of Odmark & Thelan, the general partnership that is known to me to be the general partner of Odmark & Thelan/8atiquitos Ltd., the ' limited partnership known to n.. to be the general partner of Odmark & Thelar , and The Davidson Companies Partnership, the general partnership that executed " the within instrument, and acknowledged to me thai said last named partnership executed the same. 21 WITNESS my hand and official sen. 22 lotarot—.y Public 'I. ______ 25 26 27 28 –3-. Christina M. Christina M. Drake b NOTARY PUBLIC CAUFORNIAI SAN Dm00 COUNTY 0 il) j -- 2332 STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO On t4M t4 1 fIll t , before me, the undersigned, a Notary Public In and for said state, personally appeat.d WILLIAM A. DAVIDSON, known to me to be the President of The Davidson Company, the corporation that e'ecuted the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of Davidson Coican Partners, the general partnersh that is known to me to be the general partner of Odmark & Thelon and The Davidson Companies Partnership, the general partnership that executed the within instrument, and acknowledged to me that said last named partnership executed the same. WITNESS my hand and official seal. 15 NoyrY Public I/I I/I 'II I 2 31 (1 4 5 6 7 ' 8 .9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 24 25 26 27 28 O1CLL.JAL. D1dU LYNN C. SHOUt1AXE NOIMYP.* .LfO4 am moo ccLf(7Y E,ss Mq 25, 993 4. 'I ORDER NO. •86020-12 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF LOTS 11 AND 12 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: CCZ*tENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33; THENCE ALONG THE WEST LINE OF SAID QUARTER-QUARTER SECTION SOUTH 045106M EAST, 787.64 FEET (RECORD OF SURVEY NO. 6296 a SOUTH 120142N EAST, 788.13 FEET) TO THE NORTHWEST CORNER OF SAID LOT 11 X.ND THE TRUE POINT OF BEGINNING: THENCE LEAVING SAID WEST LINE ALONG THE NORTHEASTERLY BOUNDARY OF SAID LOT 11, THE FOLLOWING COURSES SOUTH 69'05 0 16 EAST, 228.10 FEET (RECORD OF SURVEY NO. 6296 - SOUTH 6948 0 44 LAST, 228.23 FEET) AND SOUTH 3211 1 15" EAST, 235.26 FZET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO TN? STATE OF CALIFORNIA RECORDED JULY 13, 197$ AS FILE NO. 78-292074 OF OFFICIAL PECORDS; THENCE LEAVING THE BOUNDARY OF SAID LOT 11 ALONG THE NORTHERLY LINE OF SAID STATE LAND NORTH 8910 1 56" WEST (DEED - NORTH 891211301 WEST) 119.72 FEET; THENCE LEAVING SAID STATE SAND NORTH 3731 1 25" WEST, 149.14 FEET LJ THE BEGINNING OF A TANGENT 450.00 FOOT RADIUS CURVE CONCAVE • SOUTHWESTERLY; THENCE NORTHWESTERLY ALO' THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45'51 1 57, A DISTANCE OF 360.23 FEET TO A POINT OF COMPOUND CURVATURE WITH AN 800.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 63613$M EAST; • THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF • 1 SAID $00.00 FOOT RADIUS CUP.r THROUGH A CENTRAL ANGLE OF 2721I03N, A DISTANCE OF 381.89 FEET TO A POINT COMMON TO THE NORTHEASTER!.? LINE OF MISCELLANEOUS SURVEY NO. 637 (INTERSTATE - 5) AND THE NORTHWESTERLY BOUNDARY OF SAID LOT 12, A RADIAL LINE TO SAID POINT BEARS NORTH 2044 1 25" WEST: THENCE LEAVING THE ARC OF SAID CURVE .iLON(. HE BOUNDARY OF SAID LOT 12, THE FOLLOWING COURSES NORTH 3307112" EAST, 234.45 FEET AND SOUTH 690516N EAST, 454.48 FEET TO THE POINT or BC:NNING. I No r •lL N / 2334 ORDER NO. 986020-12 PARCEL B: LOT 1 IN SECTIO14 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. ALSO THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28: THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER NORTH 012 1 25" WEST, 1 46.00 FEET: THENCE SOUTH 8947 1 35" WEST, 334.09 FEET: THENCE NORTH 43 0 15 1 25" WEST, 205.17 FEET: I'HENCE SOUTH 8947135* WEST, 475.16 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN DEED TO A.H. VAIL, RECORDED JANUARY 11, 1890 IN BOOK 157, PAGE 493 OF DEEDS: THENCE ALONG THE EASTERLY LINE OF SAID VAIWS LAND SOUTH 23'47 1 15" EAST (RECORD MAGNETIC BEARING SOUTH 38'20' LAST) 140.86 FEET TO AN ANGLE POINT; THENCE ALONG SAID EASTERLY LINE SOUTH 17'22 1 15" EAST, 477.94 FEET (RECORD SOUTH 3155'00 EAST, 483.89 FEET) AND THENCE SOUTH 3825145w WEST, 322.56 FEET (RECORD SOUTH 0346 1 00" WEST, 326.50 FEET) TO THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG SAID SOUTHERLY LINE SOUTH 8954'14" EAST, 855.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. EXCFPTING THEREFROM THOSE PORTIONS DESIGNAT BY THE CALIFORNIA STATE HIGHWAY DEPARTMENT FOR FREEWAY AND SERVICE-ROAD PURPOSES, LEGALLY DESCRIBED BELOW AS PARCEL 1 AND PARCEL 2k, RESPECTIVELY, AND THAT PORTION OF SAID LOT 1 THAT AIS WESTERLY OF SAID PARCEL 1. PARCEL 1: ism BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 33; THENCE ALONG THE NORTH LINE OF SAID SECTION 33, SOUTH 8911t06 EAST, 263.68 H FEET TO A LINE BEARING NORTH 3246 1 41" WEST, FROM A POINT BEING AT COORD..r.ZES Y'3,009.75 AND X1,677,698.92 FEET; THENCE ALONG SAID LINE SOUTH 3246 1 41" EAST, 561.91 FEET TO LAST SAID POINT; THENCE SOUTH 36'1'4" LAST, J53.55 FEET; THENCE SOUTH 25'27 1 58" EAST, 88.85 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 1; THENCE ALONG LAST SAID LOT LINE AND ALSO THE SOUTHEASTERLY LINE OF SAID LOT 4, SOUTH 33'09 1 27" WEST, 0 7.12 FEET TO A LINE BEARING SOUTH 3100 1 45" EAST 6P fl N I 2335 ORDER NO. 986020-12 FROM A POINT BEING AT COORDINATES Y-338,287.45 FEET AND Xa1,677,302.83 FEET; THENCE ALONG LAST SAID LINE NORTH 3100 1 45" WEST, 381.54 FEET TO LAST SAID POINT; THENCE NORTH 18'04 1 10" WEST, 457.06 FEET; THENCE NORTH 2507 1 11" WEST, 43.40 FEET TO THE WESTERLY LINE OF SAID LOT 1; THENCE ALONG SAID LOT LINE NORTH 0'54 1 54" WEST, 724.72 FEET TO THE POINT OF BEGINNING. PARCEL 2A: A STRIP OF LAND 60 FEET WIDE, THE CENTER LINE OF SAID 60 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING IN THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 196.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES Y342,771.44 FEET AND X-1,677,158.09 FEET; THENCE ALONG SAID EAST LIE SOUTH 028'30" WEST, 713.06 FEET; THENCE ALONG A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF. 10,000 FEET THROUGH AN ANGLE OF 21'25 8 270 , A DISTANCE OF 373.92 FEET; THENCE TANGENT TO LAST SAID CURVE SOUTH 2056 1 57" EAST, '3088.43 FEET TO A POINT DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WESTv THENCE PARALLEL TO SAID LOT LINE NORTH 6905'40" WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH S.)08 1 25" EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1, LAST SAID ANGLE POINT BEinG THE WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 69'58 1 02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN Thg. OFFICE OF THE RECORDER OF SAN DIEGO 0U1TY. PARCEL C: ALL THAT PORTION OF THE SOUTHWEST CATER OF THE SOUTHEAST QUARTER IN SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO M}..IUDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO OFFICIAL PLAT THEREOF, LYING NORTHERLY AND NORTHEASTERLY OF T:iE Lt15 DESCRTBED LINE: "GINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QRTER OF SECTION 28; TP.NCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTZR OF THE SOUTHEAST QUARTER, NORTH 012'25" WEST, 746.00 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE SOUTH 37 1 35" WEST, 33.09 FEET; THENCE NORTH 43'15 1 25" WEST, 05.17 FEET; THENCE SOUTH 8947 1 35" WEST, 475.16 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBF IN p - 0 4j I 2336 ORDER NO. 986020-12 osto TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 OF DEEDS: THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND, NORTH 2347 1 15" WEST, (RECORD MAGNETIC BEARING NORTH 3$'20' WEST), 456.25 FEET TO THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28. EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID 60 FOOT STRIP IN THE FORESAID LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS: 3EGINNING AT THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP L2 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY )F CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO HE OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE L926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF tilE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES X-1,677,158.09 FEET AND Y-342,771.44 FEET; HENCE ALONG SAID EAST LINE SOUTH 0028 1 30" WEST, 743.06 FEET: THENCE %LONG A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,000 ?ET THROUGH AN ANGLE OF 21'25'27", A DISTANCE OF 373.92 FEET; THENCE ANGENT TO LAST SAID CURVE SOUTH 20'56 1 57" EAST, 3088.43 FEET TO A POINT, DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT I OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST: THENCE PARALLEL TO ZAID LOT LINE NORTH 6905 0 40" V--ST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 8'0$1 25" EAST, 156.58 FEET FROM AN ANGLE 'OINT IN THE SOUTHERLY LINE OF SAID LOT 1 LAST SAID ANGLE POINT BEING WESTERLY TERMINUS OF THAT COURS' SHOWN AS "NORTH 69 0 5 1 02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP 1O. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY AS GRANTED TO THE STATE OF CALIFORNIA BY flEED RECORDED AUGUST 8, 1961 AS FILE NO. 136233 OF OFFICIAL RECORDS. 1 -- 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I 19 20 21 22 23 24 25 26 27 28 2321 DOC Ii 1991-03442R r rt' r ris'r ram1cm TM M 12—JUL-1991 03z59 PM RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 98 MGM' , COUNTY RECORDER'S OFFICE California Coastal Commission HJETIE EVAMS, COUNTY RECORDER 45 Fremont Street, Suite 2000 RF: 10.00 FEES: 19.00 San Francisco, CA 94105 AF: 8.00 1.00 SUBORD1NATI ON AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. (THIS NOTICE REQUIRED BY CALIFORNIA CIVIL CODE SECTION 2953.3) This subordination agreement is made between DELBERT L. STOKESRARY and HARRIET B. STOKESBARY, husband and wife, as to an undivided three-fourths interest and W. GAYLE THOMPSON, as to an undivtded one-fourth interest, hereinafter collectively called the "Beneficiary, and ODMARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, a general partnership, hereinafter called the "Trustor". The undersigned Beneficiary under Deed of Trust dated March 9, 1989, and recorded March 9, 1989 as insteument No. 89-121479 of the Official Records in the Office of the County Recorder of San Diego County, encumbering Parcel B of the real property described in Exhibit A to this document, which Deed of Trust has as Trustee FIRST AMERIC"N TITLE INSURANCE COMPANY, a California corporation, hereby acknowledges the Deed Restriction concerng open space restrictions required as a condition io the issuance of Coastal Development Permit No. 6-90-311, and dated /- executed by ODMARK & HELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, recorded concurrently herewith, and does hereby subordinate the interests of its Deed of Trut thereto on behalf of the People of the State of California. DATED: (SIGNATI.S ON N1XT PE) 1 r I/I 'I, 1-1 ',p• , øtIlhAlIiiir ; 2321 \ 2322 I BENEFICIARY: TRUSTOR: / 2 ODMARi( & THELAN AND THE DAVIDSON COMPA PARTNERSHIP, a Californi' general partr. General Partner Delbert L Stokesbary By: Odmark & Thelan/Batiquitos Ltd., a California limited partnership, General Partner 6 Harriet ry B. Stokesba 7/ By: ODMARK & THELAN, a California 7 8 _____________________________ general partnership, General Pa _____________________________ By: THE ODMARK DEVELOPMENT COMPA a California corporati h General Partner BYIV2 10 Ted P. Odmark, President 11 By: ONTARIOVILLE HOLDING COMPANY, a California corporation, 12 General Partner 13 14 By: _ JPI U. Thelan, President 15 By: DAVIDSON COSCAN PARTNERS, 16 a California general partnership 17 By: THE DAVIDSON COMPANY, d California Corporation, 18 General Partner 19 By: William A. Davidson, 21 Presluent 22 STATE OF CALIFORNIA ss: COUNTY OF SAN DIEGO 23 On May 17, 1991 , before me, the undersigned, a Notary Public in anc 24 mr said State, personally appeared DELBERT L. STOKESBARY and HARRIET B. STOKESBARY, personally known to me (orproved to me on the basis of satisfactor 25 evidence) to be t perscns whorc names are suD.rDeO to tne w;nin instrumeni. • andoleogec2 co me that they executed the same. d and official s..ai. 27 A' OFFW_IEAL • 26 WITNESS my ,•----. STEPHANIE W. OAVIESf I .- NOTARY 26 Notary Public FORNA ORANX coti TY 1 -2- 6 20 21 22 23 I.. 25 26 27 CAT. NO. NN00627 101944 CA (9-84) 2323 J TICOR TITLE INSURANCE (Individual) STATE OF CALIFORNIA COUNTY OF Los Angeles } On May 21st. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared Willard Gavie Thompson personally known to me or proved to me on the basis of catisfactory evidence to be within instrument and acknowledged that ...... cxc- 4 MM ' .j the person—whose name is subscribed to the I cuted the same. - - ANQS CUNlV ( WITNESS my hand and official seal. LC$ , cnwiii D.cinter 16.1994) Signature. Tom Tang (This area for official sorer(s) seal) S'!:E OF CALIFORNIA >53: COUNY OF SAN DIEGO On t\/C6l_4.___/q' // , before me, the undersigned, a Notary Public in and for 14id state, personally appeared TED P. ODMARK, known to me to be the ?ie4lent of The Odmark Development Company, the corporation that cxecuted the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of Odcark & Thelan the general partnership that is known to me to be the general partner of Oc'nark & Thelan/Batiquitos Ltd., the limited partnership known to me to be the general partner of Odmark & Thelan and The Davidson Companies Partnership, the general partnership that executd the within instrument, and acknw1edged to me that said last named partnership executed the same. and The Davdsor. Co''anjes Partnership, the general partnership that executed the within in3trument, 5rd acknowledged to me that said last named partnership executed the same. WIT SS my bond an f1l sea]. 3 neM.Dr Notary Public -3- v_ j ... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 STATE OF CALIFORNIA CO1(?TY OF SAN DIEGO ). 28 On / 'i / 9/ , before me, the undersigned, a Notary Public in and my hand and official aeal. SEAL Christina M. Drake ____________ I Jwomirv Pusuc rWORNIA Public S*De0000uf4TY 110116 a for/]said state, personally appear't JOHN D. THELAN, known to me to be the Pr4ident of Ontarioville Holding Company, the corporation that executed th2 within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of Odmark & Thelan, the general partnership that is known . e to be tne general partner of Odmark & Thelan/Batiquitos Ltd., the limited partnership known to me to be the general partner of Odmark & Thelan 2324 STATE OF CALIFORNIA )as: COUNTY OF SAN DIEGO On UJJ& tIp , before me, the undersigned, a Notary Public in and for said state, personally appeared WILLIAM A. DAVIDSON, known to me to be the President of The Davidson Company, the corporation that executed the within instrument and kncwn to me to be the person who executed the iithin Instrument on behalf of said corporation, said corporation being kiown to me to be the general partner of Davidson Coscan Partners, the general partnership that is known to me to be the general partner of Odmark & Thelin and The Davidson Companies Partnership, the general partnership that executed the within instrument, and acknowledged to me that said last named partnership executed the same. WITNESS my hand and official seal. Ot1C1ALSAL LTmC.sHO*Axa IUC.CALfM& smoocmsay V Pub JG ic 11/ I/I I/I 1 2 3' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 —4- 2325 ..%I! ORDER NO. 986020-1.2 LEGAL DESCRIPTION THE LAND REFERRED To HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF LOTS 11 AND 12 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAIT THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33; THENCE ALONG THr WEST LINE Or SAID QUARTER-QUARTER SECTION SOUTH 0'45 1 06" EAST, 787.64 FEET (RECORD OF SURVEY NO. 6296 SOUTH 120 1 42" EAST, 788.13 FEET) TO THE NORTHWEST CORNER OF SAID LOT 11 AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE MONG THE NORTHEASTERLY BOUNDARY OF SAID LOT 11, THE FOLLOWING COURSES SOUTH 6905 1 16" EAST, 228.10 FEET (RECORD OF SURVEY NO. 6296 - SOUTH 69'4$0 44 EAST, 228.23 FEET) AND SOUTH 32 • 11' 1.5" EAST, 235.26 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JULY 13, 1978 AS FILE NO. 78-292074 OF OFFICIAL RECORDS; THENCE LEAVING THE BOUNDARY OF SAID LOT 11 ALONG THE NORTHERLY LINE OF SAID STATE LAND NORTH 8910'56" WEST (DEED - NORTH 89'12 1 13" W?$T) 119.72 FEET; THENCE LEAVING SAID STATE LAND NORTH 3731125M WEST, 149.14 FEET TO THE BEGINNING OF A TANGENT 450.00 FOOT RADIUS CURVE CONI'*VE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4551.'570 , A MSTANCE OF 360.23 FEET TO POINT OF COMP'UND CURVATURE WITH AN 800.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 636 1 3$" AST; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID 800.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 2721 1 03 0 , A DISTANCE OF 381.89 FEET 71 A POINT COMMON TO THE NORTHEASTERLY LINE OF MISCELLANEOUS SURVEY NO. 637 (INTERSTATE - .5) AND THE NORTHWESTERLY BOUNDARY OF SAID LOT 12, A RADIAL LINE TO SAID POINT BEARS NORTH 20I4 1 25" WEST; THENCE LEAVING THE ARC OF SAID CURVE AW"C' THE BOUNDARY OF SAID LOT 12, THE FOLLOWING COURSES NORTH 3307'12" EAST, 234.45 FEET AND SOUTH 69.0516M EAST, 454.48 FEET TO THE POINT OF BEGINNING. 1 0 1 0 2326 ORDER NO. 986020-12 PARCEL B: LOT 1 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL FLAT THEREOF. ALSO THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL FLAT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER NORTH 012 1 25" WEST, 746.00 FEET; THENCE SOUTH 8947 1 35" WEST, 334.09 FEET; THENCE NORTH 43'15 1 25" WEST, 205.17 FEET; THENCE SOUTH 89'47'35" WEST, 475.16 FEET, MORE OR LESS, TO THE £ATERLY LINE OF THAT LAND DESCRIBED IN DEED TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 OF DEEDS; THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND SOUTH 2347 1 15" EAST (RECORD MAGNETIC BEARING SOUTH 38'20' EAST) 140.86 FEET TO AN ANGLE POINT: THENCE ALONG SAID EASTERLY LINE SOUTH 17'22 1 15" EAST, 477.94 FEET (RECORD SOUTH 315500R EAST, 483.89 FEET) AND THENCE SOUTH 182545' WEST, 322.56 FEET (RECORD SOUTH 03'46 1 00" WEST,. 326.50 FEET) TO THE SOUTHERLY LINE OF SA17 SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG SAID SOUTHERLY LINE SOUTH 8954'14" EAST, 855.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS DESIGNATED BY HE CALIFORNIA STATE .' HIGHWAY DEPARTMEn FOR FREEWAY AND SERVICE-riOAD PURPOSES, LEGALLY •1 DESCRIBED BELOW AS PARCEL 1 AND PARCEL 2A, RESPECTIVELY, AND THAT PORTION OF SAID LOT 1 THAT LIES WESTERLY OF SAID PARCEL 1. PARCEL 1: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 33; THENCE J. . AL-^N3 T'4F NORTH LINE OF SAID SECTION 33, SOUTH 89'11'06" EAST, 263.68 FEET TO A LINE BEARING NORTH 32'4641" WEST, FROM A POINT BEING AT COORDINATES Y339,009.75 AND Xa1,677,698.92 FEET; THENCE ALONG SAID • LINE SOUTH 146jN EAST, 561.91 FEET TO LAST SAID POINT; THENCE SOUTH 36'16'49" EAST, .53.55 FEET; THENCE SOUTH 2527 1 58" EAST, 88.85 - FEET TO THE SOUTHEAS2RLY LINE OF SAID LOT 1: TWNCE ALONG LAST SAID LOT LINE MID AT,' THE SOUTHE/ T! RLY LINE OF SAID LOT 4, SOUTH 33'09 1 27' WEST, 617.12 FEET TO A LINE BEARING SOUTH 3100'45" EAST :O• /Z) 'I I I 2327 ORDER NO. 986020- FROM A POINT BEING AT COORDINATES Y*338,287..5 FEET Al X-1,677,302.83 FEET; THENCE ALONG LAST SAID LINE NCRTH 3100'4 WEST, 381.54 FEET To LAST SAID POINT; THENCE NORTH 1804 1 10" WES' 457.06 FEET: THENCE NORTH 25'07 1 11" WEST, 43.40 FEET TO THE WES'!'ERI LINE OF SAID LOT 1; THENCE ALONG SAID LOT LINE NORTH 054 1 54" WES2 724.72 FEET TO THE POiNT OF BEGINNING. PARCEL 2A: A STRIP OF LAND 60 FEET WIDE, THE CENTER LINE 07 SAID 60 FOOT STRI BEING DESCRIBED AS FOLLOWS: BEGINNING IN THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIJ 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CIT OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TC OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.3 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BL1N AT COORDINATES Y..342,771.44 FEET AND X'.1,677,158.09 FEET; THENCE ALONG SAID EAST LINE SOUTH 028 1 30" WEST, 743.06 FEET: THENCE AL(NG A TANGENT CURVE CONCAVE TO THE EAST RAVING A RADIUS OF 10,000 FEET THROUGH AN ANGLE OF 2125 6 27", A DISTANCE OF 373.92 FEET: THENCE. TANGENT TO LAST SAID CURVE SOUTH 20561574 EAST, 308843 FEET TO A POINT DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST: THENCE PARALLEL TO SAID LOT LINE NORTH 6905'40" WEST, 10.00 FEET TO A POINT, LAST SAID POINT BEIt'G DISTANT FOR REFERENCE SOUTH 8008 1 25" EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1, LAST SAID ANGLE POINT BEING THE WESTERL TERMINUS OF THAT COURSE SHOWN AS "NORTH 69'58 1 02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE THE RECORDER OF SAN DIEGO COZTY. PARCEL C: ALL THAT powr:oN OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER 1K SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BEP.NARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLA" THEREOF, LYING NORTHERLY AND NORT}'EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28; THENCE ALONG THE EAST LINE OF SAID UTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 012 1 25" WEST, 746.00 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE THENCE SOUTH 8947 1 35" WEST, 334.09 FEET; THENCE NORTH 4315 0 25" WEST, 205.17 FEET; THENCE SOUTH 89 0 47 1 35" WEST, 475.16 FEET, MORE OR LESJ, TO ThE FSTFRLY LINE OF THAT LAND DESCRIBED IN -07 2328 • F: ORDER NO. 986020-12 DUD TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 OF DEEDS; THENCE ALONG THE EASTERLY LINE OF SAID VAILtS LAND, NORTH 23'47'lS" WEST, (RECORD MAGNETIC BEARING NORTH 38'20' WEST), 456.25 FEET TO THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28. EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID 60 FOOT STRIP IN THE AFORESAID LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL FLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES Xit1,677,158.09 FEET AND Y-342,771.44 FEET: THENCE ALONG SAID EAST LINE SOUTH 0028 9 30 WEST, 743.06 FEET; THENCE ALONG A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,000 FEET THROUGH AN ANGLE OF 21'25 4 27", A DISTANCE OF 373.92 FEET; THENCE TANGENT TO LAST SAID CURVE SOUTH 20*56'57 0 EAST, 3088.43 FEET TO A POINT, DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE CF LOT 3. OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST; THENCE PARALLEL TO SAID LOT LINE NORTH 69005140N WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH $08 1 25 EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1 LAST SAID ANGLE POINT BEING WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 6958'02" WEST, 454.38 FEET ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY AS GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 8, 1961 AS FILE NO. 136233 OF OFFICIAL RECORt. ON 7. 2313 DOC : 1991-0344282 rpn prOUTT fW V1RT sM1 . 12—JUL-1991 03s59 PM RECORDING REQUESTED BY AND AH OIEGfl COUNTY RECORDER'S OFFICE WHEN RECORDED MAIL TOt AHHE: EUANS, COUNTY RECORDER 2 California Coastal Commission RF1 10.00 FEESt 19.00 45 Fremont Street, Suite 2000 AFi 8.00 3 San Francisco, CA 94105 MFi 1.00 I, 4 SUBORDINATION AGREEMENT 5 NOTICE. THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE 6 LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. (THIS NOTICE REQUIRED BY CALIFORNIA CIVIL CODE SECTION 2953.3). 8 This subordination agreement is made between SAVAGE REVOCABLE INTERVIVOS TRUST, 9 U.D.T. DATED JUNE 30, 1982, hereinafter called the "Beneficiary", and ODMARK & 10 THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, a general partnership, hereinafter 11 called the "Trustor". The undersigned Beneficiary under Deed of Trust dated 12 March 9, 1989, and recorded on March 9, 1989 as Instrument No. 89-121485 of 13 1 the Official Records in the Office of the County Recorder of San Diego County, 14 encumbering Parcel C of the real property described in Exhibit A to this 15 document, which Deed of Trust has as Trustee FIRST AMERICAN TITLE INSURANCE 16 COMPANY, a California lorporation, hereby acknowledges the Dee#4 Restriction 17 concerning open space restrictions required as a condition to the issuance 18 of Coastal Development Permtt N.. 6-90-311., and dated /(,i'. /?/ 19 jexecuted by ODMARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, 20!11 recorded concurrently herewith, and does hereby subordinate the interests of 21 its Deed of Trust thereto on behalf of the People of the State of 22 California. 23i 24 UATE. 25 (SIGNATURES ON Nfr.XT PACE) 26J i/i 27 28 2 3 1 5 6 7 2314 BENEFICIARY: SAVAGE REVOCABLE INTERVIVOS TRUST U.D.T. DATED JUNE 30, 1982 By: zy William C. Savage By: Betty J4ávage - I By: F O'bhn D. Thelan, President By: DAVIDSON COSCAN PARTNERS, a California gener..l partnership, General Partner By: THE DAVIDSON COMPANY, a California corporation, G''ral Partner TRUSTOR: ODMARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP By: Odmark & Thelan/Batiquitos Ltd., a California limited partnership By: ODMARK & THELAN, a California general partnership, General ParLner By: THE ODMARK DEVELOPMENT COMPANY, a California corporation, General Partner Ted P. Odmark, President By: ONTARIOVILLE HOLDING COMPANY, a California corporation, General Partner 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: illiam A. Davidson, Presideni STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) On /iy //.1nh/ , before me, the undersigned, a Notary Public in and nr personally appeared William C. Savage and Betty J. Savage, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and aknowl.ded to me %at thny executed the same. WITNESS my hand and official seal. Notary Public / U CAtSAL ;ut c ft. •I: 3 ,t.NIO.CDW -2- ;.:i' 'j C' F,.n Aer 1, I9 0 9) 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 r 2315 STATE OF CALIFORNIA )Bat COUNT=CPSAN DIEGO On /Qqj , before me, the undersigned, a Notary Public in and for Maid state, personally appeared TED P. ODMARK, known to me to be the Pre dent of The Odmark Development Company, the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the ger'eral partner of Odmark & Thelan, the general partnership that Is known to me to be the general partner of Odmark & Thelsn/3atiquitos Ltd., th.' limited partnership known to me to be the general partner of Odmark & Thelan and The Davidson Companies Partnership, the general partnership that executed the within instrument, and acknowledged to me that said last named partnership executed the same. WITNESS my hand and official seal. __________________ OPFXCXA SEAl. Christtna M. Drake 'L22/7A1L NOTARY PUSUC CAI WONA SM D!IGO COUNTY ___ — Notary P iblic STATE OF CALIFORNIA )ss: COUNTY OF SAN DIEGO On /4.€ /9/ , before me, the undersigned, a Notary Public in and fo said state, personally appeared JOHN D. THELAN, known to —' to Le the P ident of Ontarioville Holding Company, the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporatioz. being known to we to be the general partner of Odmark & Thelan, the general partnership that is known to me to be the general partner of Odmark & Thelan/atiquLtoS Led., the limited partnership known to me to be the general partner of Odmark & Theism and The Davidson Companies Partnership, the 'ancial partnership that executP the within f1sLeument, and acknowledged to me that said last named partnership executed the same. WITNESS my hand and official seal. CL- "'. Lt4-- .ary Public 24 II I/I 25 I •26j U 2? 28 r QFFL(AL V T o EA om Christina M. Drake ra mav PUUC CALIFC SAN OSOO COUNTY U Now -- - .. .--- -I "..- - 2316 STATE OF CALIFORNIA ) )ss COUNTY OF SAN DIEGO ) On j , before me, the undersigned, a Notary Public in and for said state, personally appeared '1LLIAM A. DAVIDSON, known to me to be the President of The Davidson Company, the corporation that executed the within tnatrument and known to at to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of Davidsun Coscan Partners, the general partnership that is known to me to be the general partner of Odmark & Thelan and The Davidson Companies Partnership, the general partnership that executed the within instrument, and acknowledged to me that said last named partnership executed the same. WITNESS my hand and official seal. ' 'CL&WMW I@)* LYNN C S$OIALU OtMY$a .4fØm, SOO COX TY Y Luim OWES. 1193 Not 61y Public 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 (). Lk4 V C4 J ., .. ) I . .. c. 2317 trr17 'A ' ft OLDER NO. 986020-12 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF LOTS 11 AND 12 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33; THENCE ALONG THE WEST LINE OF SAID QUARTER-QUARTER SECTION SOUTH 0'45 1 06" LAST, 787.64 FEET (RECORD OF SURVEY NO. 6296 - SOUTH 112042N EAST, 788.13 FEET) TO THE NORTHWEST CORNER OF SAID LOT 11 AND THE TRUE POINT OF BEGIHNING THENCE LEAVING SAID WEST LINE ALONG THE NORTHEASTERLY BOUNDARY OF SAID LOT 11, THE FOLLOWING COURSES SOUTH 6905 1 16 EAST, 228.10 FEET (RECORD OF STTRVEY NO. 6296 - SOUTH 69 1 48 0 44 EAST, 228.23 FEET) AND SOUTH 3211 1 15" LAST, 235.26 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JULY 13, 197$ AS FILE NO. 78-292074 OF OFFICIAL RECORDS; THENCE LEAVING THE BOUNDARY OF SAID LOT 11 ALONG THE NORTHERLY LINE OF SAID ,TATE LAND NORTH 8910156N WEST (DEED - NORTH 8912 1 13 WEST) 119.72 FEET; THENCE LEAVING SAID STATE LAND NORTH 373125" WEST, 149.14 FEET TO THE BEGINNING OF A TANGENT 450.00 FOOT RADIUS uJRVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45 31 1 57, A DISTANCE OF 360.23 FEET TO POINT OF COMPOUND CURVATURE WITH AN 800.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEAT'S rIORTI4 636 0 3$' EAST THENCE NORTHWESTERLY. WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID 800.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 2721 1 034 , A DISTANCE OF 381.89 FEET TO A POINT COMMON TO THE NORTHEASTERLY LINE OF MISCELLANEOUS SURVEY NO. 637 (INTERSTATE - 5) AND THE NORTHWESTERLY BOUNDARY OF SATn LOT 12, A RADIAL LINE TO SAID POINT BEARS NORTH 20'44 1 25" WEST; THENCE LEAVING THE ARC OF SAID CURVE ALONG THE BOUNDARY OF SAID LOT 12, THE FOLLOWING COURSES NORTH 33'07 1 12" EAST, 234.46 FEET AND SOUTH 69'05 1 16' EAST, 454.48 FEET TO 'VHF POTNT OF BEGINNING. V In If 2318 ORDER NO. 986020-22 PARCEL B: LOT 1 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. ALSO THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER NORTH 0 -12-2511 WEST, 746.00 FEET; THENCE SOUTH 8947 1 35" WEST, 334.09 FEET; THENCE NORTH 43*15 1 25" WEST, 205.17 FEET; THENCE SOUTH 8947 1 35" WEST, 475.16 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN DEED TO A.R. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 357, PAGE 493 OF DEEDS; THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND SOUTH 2347 1 15" "EAST (RECORD MAGNETIC BEARING SOUTH 38'20' EAST.) 140.86 FEET TO AN ANGLE POINT; THENCE ALONG SAID EASTERLY LINE SOUTH 2.722 1 15k EAST, 477.94 FEET (RECORD SOUTH 3155100N EA?, 483.89 FEET) AND THENCE SOUTH 1825445* WEST, 322.56 FEET (RECORD SOUTH 03'46 1 00" WEST, 326.50 FEET) TO THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE ,LONG SAID COUTHERLY LINE SOUTH 8954'14" EAST, 855.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS DESIGNATED BY THE CALIFORNIA STATE HIGHWAY DEPARTMENT FOR FREEWAY AND $ERVICE-OAD PURPOSES, LEGALLY DESCRIED BELOW .3 PARCEL 1 AND PARCEL 2k, RESPECTIVELY, AND THAT PORTION OF SAID LOT 1 THAT LIES WESTERLY Of SAID PARCEL 1. PARCEL 1: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 33: THENCE ALONG THE NORTH LINE OF SAID SECTION 33, SOUTH 8911'06" EAST, 263.68 FEET To A LINE BEARING NORTH 32'46 1 41" WEST, FROM A POINT BEING AT CO..iROIi _3 Y-339,009.75 AND X2,677,698.92 FEET: THENCE ALONG SAID LINE SOUTH 3246t41N EAST, 561.91 FEET TO LAST SAID POINT; THENCE SOUTH 36'15 1 49" EAST, 353.55 FEET; THENCE SOUTH 25'27 1 58" EAST, 88.85 FEET TO THE SOUTHEASTHLY LINE OF SAID LOT 1: THENCE ALONG LAST SAID LOT LINE AND ALSO THE SOUTHEASTERLY LINE OF SAID LOT 4, SOUTH 33'09 1 27" WEST, 817.12 FEET TO h LINE BEARING SOUTH 3100 1 45 EAST __ 0 0 £ I I 2319 0R'ER NO. 986020-12 FROM A POINT BEING AT COORDINATES y*338287.45 FEET iND X1,677,302.83 FEET; THENCE ALONG LAST SAID LINE NORTH 31'00 0 45" WEST, 381.54 FEET To LAST SAID POINT; THENCE NORTH 1804 1 10" WEST, 457.06 FEET; THENCE NORTH 2507 1 11" WEST, 43.40 FEET TO THE WESTERLY LINE OF SAID LOT 1: THENCE ALONG SAID LOT LINE NORTH 0'54'54" WEST, 724.72 FEET TO THE POINT OF BEt..IHNING. PARCEL 2A: A STRIP OF LAND 60 FEET WIDE, THE CENTER LINE OF SAID 60 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING IN THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF GARLSBAD, COUNTY OF SAN DIEGO, SlATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES Y-342,771.44 FEET AND X-1,677,158.09 FEET: THENCE ALONG SAID EAST LINE SOUTH 028'30" WEST, 743.06 FEET; THENCE ALONG A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 10,000 FEET THROUGH AN ANGLE OF 2125 1 27", A DISTANCE OF 373.92 FEET; THENCE TANGENT TO LAST SAID CURVE SOUTH 2056 1 57" EAST, 3088.43 FEET TO A POINT DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST; THENCE PARALLEL TO SAID LOT LINE NORTH 6905 1 40" WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 8008 1 25" EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1, LAST SAID ANGLE POINT BEING THE WESTERLY TERI::Nus OF THAT COURSE SHOWN AS "NORTH 69'58 1 02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY. PARCEL C. 7 ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, • IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PL.kT T' RZOF, LYING NORTHERLY AND NORTHEASTERLY • OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHEASTERLY CORNER Of SAID SOUTHWEST QUARTER OF 'flit bfl 1ZAST QUARTER OF SECTION 28; THENCE ALONG THE EAST LINE OF / SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 0'12 1 25" WEST, 746.00 FFET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED j LINE; THE:4CE Sjuq 5947 1 35a WEST, 334.09 FEET; THENCE NORTH 43'15 1 25" WEST, 20'.17 FEET; THENCE SOUTH 89'47 1 35" WEST, 475.16 FEET, MORE OR LESS, 10 THE EANI'RLY LINE OF THAT LAND DESCRIBED IN 0 n-7 ii' 2320 ORDER NO. 986020-12 DEED TO A.M. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 OF DEEDS; THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND, NORTH 23'47 1 25" WEST, (RECORD MAGNETIC BEARING NORTH 38'20' WEST), 456.25 FEET TO THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28. EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID 60 FOOT STRIP IN THE AFORESAID LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PUT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOtJrHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES X-1,677,158.09 FEET AND Y-342,771.44 FEET: THENCE ALONG SAID EAST LINE SOUTH 0028'30" WEST, 743.06 FEET; THENCE ALONG A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,000 FEET THROUGH AN ANGLE OF 21 0 25 4 27", A DISTANCE OF 373.92 FEET: THENCE TANGENT TO LAST SAID CURVE SOUTH 2056157N EAST, 3088.43 FEET TO A POINT, DISTANT 30.00 PEE? AT RIGHT ANGLES FROM THE SOUTH LINE OF 1.01' 1 0? SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST: THENCE PARALLEL TO SAID LOT LINE NORTH 69'05 1 40" WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 8'08 125" EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1 LAST SAID ANGLE POINT BEING WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 69'58 1 02" WEST, 454.38 FEET" ON RECORD OF SURV..1 MAP $0. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER or SAN DIEGO COUNTY AS GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 8, 1961 AS FILE NO. 136233 OF OFFICIAL RECORDS. TI i''0 rC0RDtD REQUEST OF FIRST M(RICMt 11111 00- 2305 1 RECORDING REQUESTED BY AND 15 1 WHEN RECORDED MAIL TO I California Coastal Commission , 45 Fremont Street, Suite 2000 San Francisco, CA 94105 A DOC if: 1991-0344281 12-JUL-1991 03959 PM SAN DIE(O COUNTY CCCRDER'6 OFFICE AMNETTE EVAk, COUNTY RECORDER RF: 10.00 FEES: i9.0 8.00 NFl 1.00 SUBORDINATION AGREEF.MF.NT 5 NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST F - IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN / 6 THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. (THIS - NOTICE REQUIRED BY CALIFORNIA CIVIL CODE SECTION 2953.3) 1 I 8 This subordination agreement is made between JOHN C. LYMAN, a widower, hereinafter called the "Beneficiary", and ODMARK & THELAN AND THE DAVIDSON 10 COMPANIES PARTNERSHIP, a general partnership, hereinafter called the "Trustor". 1 The undersigned Beneficiary under Deed of Trust dated April 8, 1985 and 12 I recorded on October 27, 1988 as Instrument No. 88-547917 ofthe Official 13 Records in the Office of the County Recorder of San Diego County, encumbering 14 I Parcel C of the real property described in Exhibit A to this document, 15 which Deed of Trust has as Trustee FIRST AMERICAN TITLE INSURANCE COMPi"Y, a 16 California corporation, hereby acknowledges the Deed Restriction conerning 17 open space restrictions required as a condition to the issuance of Coastal 18 Development Permit No. 6-90-311, and dated (j144 l /(t, executed by 19 OD?ARX & THELAN AND THE DAVIDSON COMPANIES PARTNERSRIF, recorded concurrently 20 herewith, and does hereby subordinate the interests of its Deed of Trust 21 thereto on behalf of the People of the State of California. 22 1 23 DATED '. / 199/ 24 (SIGNA RES ON NEXT PACE) 25 26 27 28 ML' itt 1QQ1-f&21 I 2306 By:_________ Pohn D. Thelan, Pretdent By: DAVIDSON COSCAN PARTNERS, a California general part'ershlp, General Partner By: THE DAVIDSON COMPANY, a California corporation, GeneraL Partner By: 0 __ STATE OF CALIFORNIA COUNTY OF SAN DIEGO William A. DaviU..on, Preside.n . r, Iflttti i 1 '1iI , before me, the undersigned, a Notary Public in and for said State, personally appeared JOHN C. LYMAN, pareenai4I, known to (or proved to me on the basis of satisfactory evidence) to be the person whose name Is subscribed to the within instrument and acknowledged to me that he executed the same. NESS my hand and ot ..nl meal. Notary 'Public ' /(,P -2- TMY PJ& 'ALA CN V ESCONOuO COUNTY MY COMMISSuN EXPliMS JANUARY 17. 1995 'I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 :4 25 .26 27 28 BENEFICIARY: t4\ e4414 JOY C. LYMAN TRUSTOR: ODMARK & THELAN AND THE DAVIDSON coMpAu:Es PARTNERSHIP, a General Partnership By: Odmark & Thelan/Batiqultos Ltd., a California limited partnership, General Partner By: ODMARK & THELAN, a California general partnership, General Partner By: THE ODMARK DEVELOPMENT COMPANY, a California corporation, General Partner By: 'Lf Ted P. OdmarkPresident By: ONTARIOVILLE HOLDING COMPANY, a California corporation, General Partner Ii I. 0 25x 10 11 12 131 14 15 16 17 18 19 20 21 22 24 25! 26' 27 28 / I ?%lI Al - 4li14 ALL')flt I . 2307 STATE OF CALIFORNIA )ss COUNTY OF SAN DIEGO On ~TO~d , before me, the undersigned, a Notary Public in and fo said s lyappeared TED P. ODHARK, known to me to be the P a ident Development Company, the corporation that executed the within instrument and known to me to be the person who executed the within Instrument on behalf of said corporation, said corporation being known to me to be the general partner of Odmark & Thelan, the general partnership that is known to me to be the general partner of Odmark & TheIanIatiquitos Ltd., the limited partnership known to me to be the general partner of Odmark & Thelan and The Davidson Companies Partnership, the general partnership that executed the within instrument, and acknowledged to me that said last named partnership executed the same. WITNESS my hand and official seal. OFFIC1M. SEh. Christina M. Drake TAaV P$JIUC CAI lORNlA My Osmm LopilSi Mm 3 19°" otary Public STATE OF CALIFORNIA ) )ss, COUNTY OF SAN DIEGO On ig, /ff , before me, the undersigned, a Notary Public in and foraid state, personally appeared JOHN D. THELAN, known to we tobe the Pie dent of Ontarioville Holding Company, the corporation thai executed the within instrument and known to me to be the person who .xecutd the within instrument on behalf of said corporition, said corporation being known to me to be the general partner of O.,iark & Thelan, the general partnership that is known to me to be the general partner of Odmark & Thelan/Ratiquitos Ltd., the limited p*rtnership known to me to be the general p.. ner of Odmark & Thelan a'd The Davidson Companies Partnership, the general partnership that executed the within Instrument, and acknowledged to me that said last named partnership executed the same. - WITNESS my hand and official - - :IFORNIA UFFICiM. Christina M.ke NOTAY eueuc C BAN 01500 CO MyComm topsils U 19116 1/I -3- Notary Public S. r ' .. jd SeII%4 I 2308 STATE OF CALIFORNIA )ssz COUNTY OF SAN DIEGO On .Zt-t.JE ((ti (' f • before me, the undersigned, a Notary Public in and for said state, personally appeared WILLIAM A. DAVIDSON, known to we to be the President of Tiw Davidson Company, the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to r,C to be the general partner of Davidson Coscan Partners, the general partnership that is known to me to be the general partner of Odmark & Thelon and The Davidson Companies Partnership, the general partnership that executed the within instrument, and acknowledged to me that said last named partnership executed the same. WITNESS my hand and official seal. — tTi LThNCSHO(MXE1 NOT ?MUC xooc .JCIM J JOB * W1 MOO r vs. tans w as. ISM Not tfry Public I/I -4- 2 3 4 5 ( 6 7 8 9 10 : 11 12 13 14 15 16 17 18 19 I , 20 21 22 23 24 25 26 27 28 -- .—. na, I cl 2309 ,EX 1:: ORDER NO. 986020-12 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF SLOTS 11 AND 12 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33; THENCE ALONG THE WEST LINE OF SAID QUARTER-QUARTER SECTION SOUTH 045 1 06" EAST, 787.64 FEET (RECORD OF SURVEY NO. 6296 - SOUTH 1 1 20 1 42" EAST, 788.13 FEET) TO THE NORTHWEST CORNER OF SAID LOT 11 AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE ALONG THE NORTHEASTERLY BOUNDARY OF SAID LOT 11, THE FOLLOWING COURSES SOUTH 6905 1 16 EAST, 228.10 FEET (RECORD OF SURVEY NO. 6296 • SOUTH 6914$$440 EAST, 228.23 FEET) AND SOUTH 323.1150 EAST, 235.26 FEET TO THE NORTHEASTERLY CRNER OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JULY 13, 197$ AS PILE NO. 78-292074 OF OFFICIAL RECORDS; THENCe LEAVING THE BOUNDARY OF SAID LOT 11 ALONG THE NORTHERLY LINE OF SAID STATE LAND NORTH 8910 1 56" WEST (DE" - NORTH 8912113N WEST) 119.72 P''r; THENCE LEAVING SAID STATE LAND NORTH 37•31125W WEST, 149.14 FEET TO THE BEGINNING OF A TANGENT 450.00 FOOT RADIUS CURVE COhi..*v SOUTHWESTERLY: THENCE NORTHWESTERLY ALC" THE ARC OF SAID CURV THROUGH A CENTRAL ANGLE OF 4553.15711, A DISTANCE OF 360.23 FEET TO A POINT OF COMPOUND CURVATiE WITH AN 800.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 636 1 3$ EAST; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID 800.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 27'21 0 03, A DISTANCE OF 381.89 FEET TO A POINT COMMON TO THE NORTHEASTERLY LINE OF MISCELLANEOUS SURVEY NO. 637 (INTERSTATE - 5) AND THE NORVr'TERLY BOUNDARY OF SAID LOT 3.2, A RADIAL LINE TO SAID POINT BEARS NORTH 2044 0 25 WEST; THENCE LEAVING THE ARC OF SAID CURVE ALONG THE BOUNDARY OF SAID LOT 12, THE FOLLOWING COURSES NORTH 33'07 1 12" EAST, 234.45 FEET AND SOUTH 690516* LAS?, 454.48 FEET TO THE POINT OF BEGINNING. ;;=—.--------- 4____. ----.----_!_J . ( I) PARCEL B: LOT 1 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL FLAT THEREOF. ALSO THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN PERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL FLAT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28: THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER NORTH 012 1 5" WEST, 746.00 FEET; THENCE SOUTH 8947 1 35" WEST, 334.09 FEET; THENCE NORTH 4325 1 25" WEST, 205.17 FEET: THENCE SOUTH 89047135N WEST, 475.16 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN DEED TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 OF DEEDS; THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND SOUTH 2347 1 15" EAST (RECORD MAGNETIC BEARING SOUTH 3820' AST) 140.86 FEET TO AN ANGLE POINT; THENCE ALONG SAID EASTERLY LINE SOUTH 17'22 4 15" EAST, 477.94 FEET (RECORD SOUTH 3155'00 EAST, 483.89 FEET) AND THENCE SOUTH 18 -25-450 WEST, 322.56 FEE'!' (RECORD SOUTH 03'46 1 00" WEST, 326.50 FEET) TO THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST OUARTER7 THENCE ALONG SAID SOUTHERLY LINE SOUTH 8954 1 14" EAST, 855.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREROH THOSE PORTIONS DESIGNATED BY THE CALIFORNIA STATE HIGHWAY DEPARTMENT FOR FDEEWAY AND SERVICE-ROAD PURPOSES, LEGALLY ,- DESCRIBED BELOW AS PARCEL 1 AND PARCEL 2A, RESPECTTVELY, AND THAT PORTION OF SAID LOT 1 THAT LIES WESTERLY OF SAID PARCEL 1. PARCEL 1 BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 33: THENCE ALONG 'fl. NORTH LINE OF SAID SECTION 33, SOUTH 8911 1 06" EAST, 263.68 FEET TO A LINE BEARING NORTH 3246 1 41" WEST, FROM A POINT BEING AT COORDINATFS Y-39,009.75 AND X-1,67 -,698.92 FEET; THENCE ALONG SAID LINE SOUTH 32'46'41" EAST, 561.91 FEET TO LAST SAID POINT; THENCE SOUTH 3616 1 49" EAST, 353.55 FEET; THENCE SOUTH 25 0 27 1 58" EAST, 88.85 FEET TO THE SOUTHEASTERLY LINE C SAID LOT 1; THENCE ALONG LAST SAID LOT LINE AND ALSO T1;E SOUTHEASTERLY LINE 0? SAID 1.01 4, SJUTH 33 0 0 1 21" WST, $17.11 FEET TO A LINE BEARING SOUTh 31'flO'45" EAST 0 I 2311 ORDER No. 986020-12 FROM A POINT BEING AT COORDINATES Y338,287.45 FEET AND X1,677,302.83 FEET: THENCE ALONG LAST SAID LINE NORTH 31'00'45" WEST, 381.54 FEET TO LAST SAID POINT: THENCE NORTH 1804 1 10" WEST, 457.06 FEET; THENCE NORTH 2507 1 11" WEST, 43.40 FEET TO THE WESTERLY LINE OF SAID LOT 1; THENCE ALONG SAID LOT LINE NORTH 05454N WEST, 724.72 FEET TO THE POINT OF BEGINNING. PARCEL 2A: A STRIP OF LAND 60 FEET WIDE, THE CENTER LINE OF SAID 60 FOOT STRIP BEING DESCRIBED AS FOLLOWS: le BEGINNING IN THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES Y"342771.44 FEET AND X'1,677,158.09 FEET: THENCE ALONG SAID EAST LINE SOUTH 028 1 30" WEST, 743.06 FEET; THENCE ALONG A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 10,000 FEET THROUGH AN ANGLE OF 2125 1 27", A DISTANCE OF 373.92 FEET: THENCE TANGENT TO LAST SAID CURVE SOUTH 2056 1 57" EAST, 30e8.4' FEET TO A POINT DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST; THENCE PARALLEL TO SAID LOT LINE NORTH 6905 1 40" WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING L,.ISTANT FOR REFERENCE SOUTH 8008 1 25" EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 3, LAST SAID ANGLE POINT BEING THE WES"RLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 6958'02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY. PARCEL C: ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THn CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING NORTHERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHPTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2 THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTC OF THE SOUTHEAST QUARTER, NORTH 012 1 25M WEST, 746.00 FEET TO THE TRUE POINT OF BEGINNING OF THE HERFTN DESCRIBED LINEI THENCE SOUTH 8947 1 35" WEST, 334.09 FEET: TNENCL ;OATH 4315 1 25" WEST, 205.17 FEET: THENCE SOUTH 89 1 47 1 35" WEST, 475.16 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN 6) 2312 OROR NO. 986020-12 DE,0 TOA.N. VAIL, RECORDED JANUARY 31, 190 IN BOOK 157, PAGE 493 OF DaDS: THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND, NORTH p47 0 15" WEST, (RECORD MAGNETIC BEARING NORTH 3820' WEST), 456.25 TO THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28. EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID 60 FOOT STRIP IN THE AFORESAID LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST LINE Of THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL FLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES X"1,677,158.09 FEET AND Y"342,773.44 FEET; THENCE ALONG SAID EAST LINE SOUTH 00'28 1 30" WEST, 743.06 FEED; THENCE ALONG A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,000 FEET THROUGH AN ANGLE OF 2125 1 27', A DISTANCE OF 373.92 FEET; THENCE TANGENT TO LAST SAID CURVE SOUTH 20 0 56 0 57" EAST, 3088.43 FEET TO A POINT, DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 3. OF SECTION 33 OF SAID TOWNSHIP 3.2 SOUTH, RANGE 4 WEST; THENCE PARALLEL TO SAID LOT LINE NORTH 690540" WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 808'25 EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1 LAST SAID ANGLE POINT BEING WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 6958 1 02" WEST, 454.38 FEET" ON RECORD OF SU?7EY MP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY AS GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 8, 1961 AS FILE NO. 136233 OF OFFICIAL RECORDS. V i•I RrrnROM protsrT OF fls!I AMMMAN TIltf OM RECORDING REQUESTED BY AND WHEN RECORDED MAIL TOt California Coastal Commission 45 Fremont Street, Suite 2000 Ban Francisco, CA 94105 4'A7,cio—'i -- SUBORDINATION AGREEMENT NOTICEt THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. )THIS NOTICE REQUIRED BY CALIFORNIA CIVIL CODE SECTION 2953.3) This subordination agreement is made between CORNERSTONE CHARITABLE REMAINDER UNITRUST, hereinafter called t)te "Beneficiary", and ODMARE & TIIELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, a general partnership, hereinafter called the "Trustor". The undersigned Beneficiary under Deed of Trust dated March 9, 19E and recorded on March 9, 1989 as Instrument NO. 89-121433 of the Official Records in the Office of the County Recorder of San Diego County, encumbering Parcels A and B of the real property described in Exhibit A to this document. which Deed of Trust has as Trustee FIRST AMERICAN TITLE INSURANCE COMPANY. a California corporation, hereby acknowledges the Zrrevochll Offer to Dedicate Open Space Easement and Declaration of Restrictions, required as a condition to the issuancø yE Coastal Development Permit No. 6-90-311, c. dated 52AiJ 1~. /j , executed by Or'"Rc £ THELAN AND THE DAVIDSON U COMPANIES PARTNERSHIP, recorded concurrently herewith and does her y subordinate the interests of its Deed of Trust thereto on behalf of the People of the State of California. DATEDI (8ZG.s.RE! ON N"Yt PAGE) I,, Ci I I 2 3 4 5 6 7 8 9 10 I 12 13 14 15 16 17 18 19 20 21 22 00 23 24 q LL- 26 27 28 2218 DCC : 1991-0344279 12—JUL--1991 03 959 r SAM DIEGO COUNTY RECORDER'S orritz A)ETTE EVANS1 COUNTY RCDRO(R RFs 10.00 FEES' 19. LOG ir' 1.00 I r t991O344Zi9 -... LI 2219 BENEPICIARYt TflUSTOI CORNERSTONE CHARITABLE REMAINDER OOMARX & T11ELAN AND THE DAVIDSON UNITRUST COMPANIES PARTNERSHIP $y Odmark & Thelan/Batiquitos Ltd., a California limited partnership General Partner TruatL Sy, ODMARX & THELAN, a California general partnership, General Partner Byt THE ODMARK DEVELOPMENT COMPANY, a California corporation Ted P. Odmark, President By: ONTARIOVII.LE HOLDING COMPANY, a California orporation, General Partner By: D . By: Davidson Coscan Partners, a California general partnership By: THE DAVIDSON COMPANY, a California corporation, General Partner y: William A. Davidson, Al President 21 STATE OF CALIFORNIA 22 COUNTY OF CLattep P...Ui before me, the undersigned, a Notary Public In and for said Stats, p.ronal1y appeared Lloyd Copenbarger, Trustee, personally 24 known to me (or proved to me on the basis of satisfactory evidence) to be the pzscr. .ae ::; is 3abscrIbed to the within instrument and acknowledged to 25 me that he cxecut the same. 261 WIT!'f' ''' *nd seal. IS. iM 27 I Notary Public -' I - - MW 9 10 11 12 13 14 15 16 17 18 19 20 ,- ( 6 7 8 9 10 11 2220 STATE OF CALIFORNIA )Ssa CONTY OF SAN DIEGO On ig, /J , before me, the undersigned, a Notary Public In and fo said state, personally appeared TED P. ODHARR, known to me to be the P Went of The Odmark Development Company, the corporation that executed the within instrument and known to am to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of Odmark 'a Thelan, the general partnership that is known to me to be the general partner of Odtiark & Thelanhlatiquitos Ltd., the limited partnership &nown to me to be the general partner of Odmark & Thel.' and The Davidson Companies Partnership, the general partnership that executed the within instrument, and acknowledged to me that said last named partnership executed the lame. WITNESS my hand and official seal. OFFICIAL SEA Christina M. Drak _ A4bllC •;:72 SIN 01500 cotm" STATE OF CALIFORNIA ) )ss: COUNTY OF SAN DIEGO On /( /99/ , before me, the undersigned, a Notary Public in and foaid state, personally appeared JOHN D. THELAN, known to as to be the Pr went of Ontarioville Holding Company, the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of Odmark & Thelan, the general partnership that is known to me to be the general partner of Odmark 6 Thelan/latiquitos Ltd., the limited pertnership known o me to be the general partner of Od.ark & Thelan and The Davidson Companies Partnership, the general partnership that executed the within Instrument, and ackncwledged to me t1 --t said last named partnersh 4 ' executed the same. WITh SS my hand and offiial seal. OFFICIAl. Chris'iria M. Drake TAfl, PUSUC CALIF~ sIN 01500 colmTY Notary Public 'II I/I I/I -3— IN L , 0: - , D7 wrz..n4n,nLt.ia.r.n.l 12 13 14 15 16 17 18 19 20 21 22 j23 2 r- 26 77 L 2 3 ,1 0 -4 I I 4 6 7 8 9 10 ii 12 13 14 is 16 17 18 19 20 21 22 23 24 2511 26 27 28 WTLi.8EAI LYNII C. SNOI*UE1 NYRIUWm sm moo ca" Mpim, £*ii25. INS .4.. - *ii')1fl STATE OF CALIFORNIA ) 2221 )ss COUNTY OF SAN DIEGO On .tUJE t4 I (11q I before me, the undersigned, a Notary Public in and for said state, personally Appeared WILLIAM A. DAVIDSON, known to me to be the President of The Davidson Company, the corporation that executed the within instrument and known to me to be the person who executed the within Instrument on behalf of said corporation, said corporation being known to me to be the general partner of Davidson Coscan Partners, the general partnerhtp that is known to me to be the general partner of Odmark & Theism and The Davidson Companies Partnership, the general partnership that executed the within instrument, and acknowledged to me that said last named partnership executed the lame. WITNESS my hand and official seal. "j4'X_'0- Nory Public I/I I/I "I C4 0 ' 'I t C. 2222 s i ORDER NO. 914020-12 1 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND ts DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF LOTS 11 AND 12 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY Of CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWSi COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33: THENCE ALONG THE WEST LINE OF SAID QUARTER-QUARTER SECTION SOUTH 045 1 06" EAST, 787.64 FEET (RECORD OF SURVEY 110. 6296 - SOUTH 1 1 201 42 EAST, 78803 FEET) TO THE NORTHWEST CORNER OF SAID LOT 11 AND THE TRUE POINT 07 BEGLNNXNG1 THENCE LEAVING SAID WEST LINE ALONG THE NORTHEASTERLY BOUNDARY V SAID LOT 31, THE FOLLOWING COURSES SOUTH 6905 1 160 EAST, 228.10 flIT (RECORD OF SURVEY NO. 4296 - SOUTH 494$1 44 EAST, 226.23 FEET) AND SOUTH 32*11#15 0 EAST, 235.26 FEET TO THE NORTHEASTERLY CORNER OFIJJID DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JULY 13, 1971 AS FILE NO. 78-292074 OF OFFICIAL RECORDS; THENCE LEAVING THE BOUNDARY OF SAID LOT 11 ALONG THE NORTHERLY LINE OF SAID STATE LAND NORTH 89'10'56" WEST (DEED • NORTH $912 0 33 WEST) 119.72 FEET: THENCE LEAVING SAID STATE LAND NORTH 3731 1 250 WEST, 149.14 FEET TO THE BEGINNING OF A TANGENT 450.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY: THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURV' THROUGH A CENTRAL ANGLE or 4551 1 57, A DISTANCE OF 360.23 FEET TO A POINT OF COMPOUND CURVATURE WITH AN $00.00 F'T RADIUS CURVE CONCAVE SOUTHERLY, A RADL LINE TO SAID POINT BEARS NORTH 6'36 1 31 EAST; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE AI. OF SAID 800.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 2721 1 03', A DISTANCE OF 381.89 FEET TO A POINT COMMON TO THE )1ORTHASTERLY LINE OF MISCELLANEOUS SURVEY t. 637 (INTERSTATE - 5) AND THE NORTHWESTERLY BOUNDARY OF SAID LOT 12, A RADIAL LINE TO SAID POINT DEARS NORTH 2044 1 25" WEST; THENCE LEAVING THE ARC OF SAID CURVE ALONG THE BOUNDARY OF SAID LOT 12, THE FOLLOWING COURSES NORTH 31 • EAST, 234.45 FEET AND SOUTH 6905 1 36 EAST, 454.4$ FEET TO THE POINT OF BEGINNING. '1 I 2223 ORDER NO. 986020-12 PARCEL B: LOT 2. IN SECTION 3, TOWNSHIP 12 SOUTH, RA11OP 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARL.SBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. ALSO THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28: THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER NORTH 0'12 1 25" WEST, 746.00 FLT; THENCE SOUTH 89'47 1 35" WEST, 334.09 FEET: THENCE NORTH 4315 1 25" WEST, 205.17 FEET: THENCE SOUTH 89 1 47 1 35" WEST, 475.16 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN DEED TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 357, PAGE 493 OF DEEDS; THENCE ALONG THE EASTERLY LINE 0? SAID VAIL'S LAND SOUTH 23 0 47 1 15" EAST (RECORD MAGNETIC BEARING SOUTH 3820' EAST) 140.86 FEET TO AN ANGLE POINT; THENCE ALONG SAID EASTERLY LINE il%TJTH 17'22 1 15" EAST, 477.94 FEET (RECORD SOUTH 3155 1 00 EAST, 483.89 FEET) AND THENCE SOUTH 1$251458 WEST, 322.56 FEET (RECORD SOUTH 03'46 0 00" WEST, 326.50 FEET) TO THE SOUTHIRLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG SAID SOUTHERLY LINE SOUTH 8954 1 14" EAST, 855.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS DESIGNATED BY THE CALIFORNIA STATE HIGHWAY DEPARTMENT FOR FREEWAY AND SERVICE-ROAD PUPOSES, LEGALLY DESCRIBED BELOW AS PARCEL 1 AND PARCEL 2A, RESrTIVELY, AND THAT PORTION OF SAID LOT 1 TAT LIES WESTERLY OF SAID PARCEL 1. PARCEL 1: BEGINNING AT THE NORTH QUARTER COkNER OF SAID SECTION 33: THENCE ALONG THE NORTH LINE OF SAID SECTION 33, SOUTH 8911 1 06 EAST, 263.6$ FEET TO A LINE BEARING NORTH 324641" WEST, FROM A POINT BEING AT COr'RfT'1ES Y&39,009.75 AND X-1,677,698.92 FEET; THENCE ALONG SAID LINE SQUTH J 4641' EAST, 563.91 FEET TO LAST SAID POINT: THENCE SOUTH 36'16 0 49" EAST, 353.55 FEET: THENCE SOUTH 25 0 27 1 5$0 EAST, $8.85 F? ET TO 7;lL sOtfi." rERLV LI)t OF RAID LOT 1; THENCE ALONG LAST SAID LOT LINE AND ALSO THE Sc'THEA5TERLY LINE OF SAID LOT 4, SOUTH 33 0 09 1 27" WEST, 817.12 FEEF '!' A LINE BEARING SOUTH 3100 1 45 LAST - - - •0 I. I Ot S it 2224 ORDER NO. 91602-12 FROM A POINT BEING AT COORDINATES Y-338,287.45 FEE? AND X1,677,302.83 FEET; THENCE ALONG LAST SAID LINE NORTH 3100 0 45" WEST, 381.54 FEET TO LAST SAID POINT; THENCE NORTH 18'04 1 10" WEST, 457.06 FEET: THENCE NORTH 2507 1 11" WEST, 43.40 FEET TO THE WESTERLY LINE OF SAID LOT 1; THENCE ALONG SAID LOT LINE NORTH 0'54 1 54" WEST, 724.72 FEET TO THE POINT OF BEGINNING. PARCEL 2A: A STRIP OF LAND 60 FEET WIDE, THE CENTER LINE OF SAID 60 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING IN THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGIVNING BEING AT COORDINATES Y-342,771.44 FEET AND X-1,677,158.09 FEET: THENCE ALONG SAID EAST LINE SOUTH 028 1 30" WEST, 743.06 FEET: THENCE ALONG A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 10,000 FEET THROUGH AN ?.NGLE OF 2125 1 27", A DISTANCE OF 373.92 FEET; THENCE TANGENT TO LAST SAID CURVE SOUTH 2056 1 57" EAST, 3088.43 FEE? TO A POINT DISTANT 30.00 FEE? AT RIGHT ANGLES FROM THE SOUTH LINE or LOT 1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST; THENCE PARALLEL TO SAID LOT LINE NORTH 6905 1 40" WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 80'08 0 25" EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1, LAST SAID ANGLE POINT BEING THE WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 69'58 1 02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF TM: RECORDER OF SAN DIEGO COUNTY. PARCEL C: ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING NORTHERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: Er :r!fl: AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28; THENCE ALONG THE EAST LINE OF SAID '!THWS1' QIThPTFR CY THF. SOUTHEJIST QUARTER, NORTH 012'25" WEST, 746.00 FEET 10 THE Vi'E POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE: THENCE SOUTH 4947 1 35" WEST, 334.09 FEET: THENCE NORTH 43 0 15 1 25" WEST, 205.17 FEET; rzLNE SOUTH $9'47 1 35" WEST, 475.16 FEET, MORE je Lrapup ij iHE EASTERLY LINE OF THAT LAND DESCRIPFD TN 0 ORDER NO. 936020-32 DEED TO A.H. VAIL, RECORDED JANUARY 31, 1390 IN BOOK 157, PAGE 43 OF DEEDS: THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND, NORTH 2347 1 15" WEST, (RECORD MAGNETIC BEARING NORTH 3$'20' WEST), 456.25 FEET TO THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28. EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID 60 FOOT STRIP IN THE AFORESAID LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST LINE OF THE EAST HALF OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL FLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES X-1,677,158.09 FEET AND Y-342,771.44 FEET: THENCE ALONG SAID EAST LINE SOUTH 0028 1 30" WEST, 743.06 FEET; THENCE ALONG A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,000 FEET THROUGH AN ANGLE OF 2125 1 27", A DISTANCE OF 373.92 FEET: THENCE TANGENT TO LAST SAID CURVE SOUTH 2056 1 57" EAST, 3088.43 FEET TO & POINT, DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 3. OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST: THENCE PARALLEL. TO SAID LOT LINE NORTH 69*05'40 4 WEST, 100.00 FEET 1O A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH $08 0 25" EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1. LAST SAID ANGLE POINT BEING WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 6958 1 02" WEsT, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY AS GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 3, 1961 AS FILE NO. 136233 OF OFFICIAL RECORDS. It DOC U: 1991-0344278 2210 12—JUL-1991 03'59 PM SAN DIEGO COUNTY RECORDER'S OFFICE ANNETIE EVANS, COUNTY RECORDER RE: 10.00 FEES, 19.00 AF: 8.00 San Francisco, CA 94105 1jr 1.00 SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. (THIS NOTICE REQUIRED BY CALIFORNIA CIVIL CODE SECTION 2953.3) This subordination agreement is made between DELBERT L. STOXESBARY and HARRIET B. STOXESBARY, husband and wife, as to an undivided three-fourths interest and W. GAThE THOMPSON, as to an undivided one-fourth interest, hereinafter collectively called the "Beneficiary", and ODMARX & THELAN AND THE DAVIDSON COEtANIES PARTNERSHIP, hereinafter called the "Trustor". The undersigned Beneficiary under Deed of Trust dated March 9, 1989, and recorded on March 9, 1989 as Instrument No. 89-121479 of the Official Records in the Office of the County Recorder of San Diego County, encumbering Parcel B of the real property described in Exhibit "A" to this document, which De,.I of Trust has as Trustee FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, hereby acknowledges the Irrevocable Offer to Dedicate Open Space Easement and Declaration of Restriction., required as a condition to the issuance of Coastal Development Permit No. 6-90-311, and dated L4 "J/ (?i executed by OEMARX & THELAN AND T:E DAVIDSON COMPANIES PARTNERSHIP, recorded concurrently herewith and does hereby subordinate the interests of its Deed of Trust thereto on behalf of the People of the State of California. DATED: /Qi A.4" Ti I 6~ j 6t 41 k O~ 0 1 2 .7 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 'ECOROED REQ(j€si OF FIRST MERICI 11111 OIL RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: California Coastal Commission 45 Fremont Street, Suite 2000 (SIGNATURES ON NEXT RAG.. " I/I EM 1.1 _0 - - - ­_ -0 10 Ted P. Odmark, President 11 By: ONTARIOVILL.E HOLDING COMPANY, 12 a California corporation, General Partner 13 14 By: Z 15 John D. Thela. President 16 By; DAVIDSON COSCAN PARTNERS, a California geneal partnership 17 By: THE DAVIDSON COMPANY, a 18 California Corporation, Genc.ul Partner 19 20 By: 21 William A. Davidson, 6- President 22 STATE OF CALIFORNIA I COUNTY OF SAN DIEGO 21 On May 17, 1991 , before me, the undersigned, a Notary Public in and for -said State, personally appeared DELBERT L. STCKESBARY and HARRIET B. 24 1 .STOKESBPRY, personally known to me (or proved to me on he basis of satisfactory (lvidenL) to be tht rrsons whose name ar auciLed to Lh wit.I,i, i,t& 25 anu acKnowledged to .e that they executed the same. 26 WJTNFSq nnd official seal. 27 STEPHANIEW. DAVIESB ARY PUtILICCALEOt1M 5 28 Notary Public p*PALOFVPEl4 0mANGEOaMTY I —2- 2211 1 BENEFICIARY: TRLJSTOR: 2 ODMARK & THELAN AND THE DAVIDSON COMPANIES 3 PARTNERSHIP, a California general partnership &W-1114 nc, General Partner 4 Delbert L. dtokesbary J By: Odmark & Thelan/Batiquitos Ltd., a California limited partnership, General Partner : general partnership, General Partner Stokesbar By: ODMARK & THEL.AN, a California 8 By: THE ODMARK DEVELOPMENT COMPANY, 1W-. le Thompsdn a California corporat General Partner I CAT *NJ. NNO0621 2212 TO 1944 CA 10 TICOR TITLE INSURANCE (Individual) STATE oi: CALIFORNIA - (:ouNTv 01: Los Angeles } On May 21st, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared Willard Gayle Thompson • personally known to me or proved to me on the basis of satisfactory evidence to be th' person—whose name is subscribed to the within instrument and acknowledged that _.J1Q_._ exe- cuted the same. WITNESS my hand and official seal. Signature (This area for official notarial seal) STATE OF CALIFORNIA COTY OF SAN DIEGO on\tL.i..&./(/, / , before me, the undersigned, a Ncary Puolic in anti foyjsald state, personally appeared TED P. ODMARK, known to me to be the Pre1 1 den t of The Odmark Development Company, the corporation that executed thb within Instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner or Odmark & Ttielan, the general partnership that Is known to me to be the general partner of Odmark & Thelan/Batiquitos Ltd., the limited partnership known to me to be the general partner of Odmark & Thelan and The Davidson Companies Partnership, the general partnership that executed the within Instrument, and acknuwledged to me that said last named partnership executed the same. WIT ESS my hand and official seal. OFFICIAL SEAL Christina M. Drake v 4gL.7 L4/a_ NOTARY PUBLIC - CAI IrORNIAb SAN OIBOO COUNTY -Notary Public STATE OF CALIFORNIA )ss: COUJN1TY OF SAN DIEGO onJ±,_' /9( , before me, the undersigned, a Notary Public in and fo'aid state, personally appeared JOHN D. THELAN, known to me to be the Prident of Ontarioville Holding Company, the corporation that executed the within instrument and known to me to be the person who executed the within n3trument on behalf of said corporation, said corporation being known to me to be the general partner of Odmark & Thelan, the general partnership that is known to me to be the gE'rleral partner of Odmark & 'Anelan/Batiquitos Ltd., the limited partner.ip known to me to be the general partner of Odmark & Thelan and The Davidsc' Companies Partnership, the general partnership that executed the within instrument, and acknowledged to me that said last named partnership I1II LflU Ut,M seal. 271 WV' SS y ".1hana and, official 28 Notary Public c.i.i. oj . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 OFRC TOM TANG IiR Notary PIc.Caforda (*) LOS ANGE1.ES COtJ'41Y 'ti7J My ComrriIcn Eatpis LIV D.csrnb.( 16, 1994 - •.1 Christina M)rc'e NOTARY PUBLIC (A SAN DIEGO CQUN "M E.pKasMw 3 1995 2213 STATE OF CALIFORNIA }ss COUNTY OF SAN DIEGO On i4 , , before me, the undersigned, a Notary Public in inc for said stat., personally appeared WILLIAM A. DAVIDSON, known to me to be the President of The Davidson Company, the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of Davidson Coacan Partners, the general partnersh that is known to me to be the general partner of Odmar_k & Thelan and The Davidson Companies Partnership, the general partnership that executed the within instrument, and acknowledged to me that said last named partnership executed the same. WITNESS my hand and official seal. Notfy Public II, .O2'FLCL.L. SL61 - LYNMC.SflOEMAIER 1VA moo cow Jmr 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 C-4 is.. . 'IL ,5EXfP 2214!1cl ORDER NO. 986020-12 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF LOTS 11 AND 12 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL FLAT THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33: THENCE ALONG THE WEST LINE OF SAID QUARTER-QUARTER SECTION SOUTH 045106M EAST, 787.64 FEET (RECORD OF SURVEY NO. 6296 - SOUTH 1'20420 EAST, 788.13 FEET) TO THE NORTHWEST CORNER OF SAID LOT 11 AND THE TRUE POINT OF BEGINNING: THENCE LEAVING SAID WEST LINE ALONG THE NORTHEASTERLY BOUNDARY OF SAID LOT 11, THE FOLLOWING COURSES SOUTH 6905 1 16 EAST, 228.10 FEET (RECORD OF SURVEY NO. 6296 SOUTH 694$441 LAST, 228.23 FEET) AND SOUTH 32'11 1 15" EAST, 235.26 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JULY 13, 197$ AS FILE NO. 78-292074 OF OFFICIAL RECORDS: THENCE LEAVING THE BOUNDARY OF SAID LOT 11 ALONG THE NORTHERLY LINE OF SAID STATE LAND NORTH 891056N WEST (DEED - NORTH 89121130 WEST) 119.72 FEET: THENCE LEAVING SAID STATE LAND NORTH 37131125N WEST, 149.14 FEET TO THE BEGINNING OF A TANGENT 450.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWLTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4551 0 57, A DISTANCE OF 360.23 FEET TO A POINT OF COMPOUND CURVATURE WITH N 800.00 ?Org" XADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 636 1 3I LAST: THENCE WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID 800.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 2721 0 03, A DISTANCE OF 381.89 FEET TO A POINT CONNON TO THE NORTHEASTERLY LINE OF MISCELLANEOUS SURVEY NO. 637 (INTERSTATE — 51 AND THE NORTHWESTERLY BOUNDARY OF SAID LOT 12, A RADIAL LINE TO SAID POINT BEARS NORTH 20'44 1 25" WEST: THENCE LEAVING THE ARC OF SAID CURVE ALONG THE BOUNDARY OF SAID LOT 2.2, THE FOLLOWING COURSES NORTH 3307 1 12" EAST, 234.45 FEET AND SOUTH 6905 0 16" EAST, 454 48 FEET TO THE, POI' OF BEGINNING. a... ' •',: 2215 ORDER NO. 986020-12 PARCEL B: LOT 1 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. ALSO THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP' 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER NORTH 0'12 1 25" WEST, 746.CO FEET; THENCE SOUTH 8947 1 35" WEST, 334.09 FEET: THENCE NORTH 4315 1 25" WEST, 205.17 FEET: THENCE SOUTH 89 1 47 1 35" WEZT, 475.16 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN DEED TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 OF DEEDS: THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND SOUTH 23 0 47 1 15" EAST (RECORD MAGNETIC BEARING SOUTH 3820' EAST) 140.86 FEET TO AN ANGLE POINT: THENCE ALONG SAID EASTERLY LINE SOUTH 17 0 22 1 15" EAST, 477.94 FEET (RECORD SOUTH 31 -55*00w EAST, 483.89 FEET) AND THENCE SOUTH 1825 1 45 WEST, 322.56 FEET (RECORD SOUTH 03 0 46 0 00" WEST, 326.50 FEET) TO THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG SAID SOUTHERLY LINE SOUTH 8954 1 14" EAST, 855.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING TKREFROM THOSE PORTIONS DESIGNATED BY laE CALIFORNIA STATE HIGHWAY DEPARTMENT FOR FREEWAY AND SERVICE—RUAD PURPOSES, LEGALLY DESCRIBED BELOW AS PARCEL 1 AND PARCEL 2k, RESPECTIVELY, AND THAT PORTION OF SAID LOT 1 THAT LIER WESTERLY OF SAID PARCEL 1. PARCEL 1: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 33; THENCE ALONG THE NORTH LINE OF SAID SECTION 33, SOUTH 8911 1 06" EAST, 263.68 FEET TO A LINE BEARING NORTH 32*46 1 41" WEST, FROM A POINT BEING AT COORDINATES Y-339,009.75 AND X-1,677,698.92 FEET; THENCE ALONG SAID L1N. S0t1:L 3246 1 41" EAST, 561.91 FEET TO LAST SAID POINT; THENCE SOUTH 3616'49" EAST, 353.55 FEET; THENCE SOUTH 2527 1 58" EAST, 88.85 FEET To THE .CTHEASTEPLY LINE OF SAID LOT 1: THENCE ALONG LAST SAID LOT LINE AND ALSO THF SOUTHEASTERLY LINE OF SAID LOT 4, SOUTH 3309 1 27" WEST, 817.11 FLET TO A LJJJE BEARING SOUTH 3100 1 45 EAST 4 - . Ifl•fl fl1 tcflmS fl - I 2216 ORDER NO. 986020-12 FROM A POINT BEING AT COORDINATES Y-338,287.45 FEET AND X-1,677,302.83 FEET; THENCE ALONG LAST SAID LINE NORTH 3100 1 45" WEST, 381.54 FEET TO LAST SAID POINT; THENCE NORTH 1804 1 10" WEST, 457.06 FEET; THENCE NORTH 2507 1 11" WEST, 43.40 FEET TO THE WESTERLY LINE OF SAID LOT 1; THENCE ALONG SAID LOT LINE NORTH 054 1 54 WEST, 724.72 FEET TO THE POINT OF BEGINNING. PARCEL 2A: A STRIP OF LAND 60 FEET WIDE, THE CENTER LINE OF SAID 60 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING IN THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES Y-342,771.44 FEET AND X1,677,158.09 FEET; THENCE ALONG SAID EAST LINE SOUTH 028 1 30" WEST, 743.06 FEET; THENCE ALONG A TANGENT CURVE CONCAVE TO THE EAST RAVING A RADIUS OF 10,000 FEET THROUGH MI ANGLE OF 2125 1 27", A DISTANCE OF 373.92 FEET; THENCE TANGENT TO LAST SAID CURVE SOUTH 20'56 1 57" EAST, 3088.43 FEET TO A POINT DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST; THENCE PARALLEL TO SAID LOT LINE NORTH 6905'40" WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 8008 1 25" EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1, LAST SAID ANGLE POINT BEING THE WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 69'58 1 02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY. PARCEL C: ALL THAT PORTION OF THE SA)THWEST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING NORTHERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOTJT}4AST GUARTER OF SECTION 28; THENCE ALONG THE EAST LINE OF SAID S00riiWE5Z QUARTER OF THE SOUTHEAST QUARTER, NORTH 012 1 25" WEST, 746.00 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE: i'14EWE SC.LYT 8947 1 35" WFST, 334.09 FEET; V'ENCE NORTH 4315 1 25" WEST, 205.17 FEET; THENCE SOUTH 89'47 1 35" WEST, 475.16 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN 25x1 -. .w 2217 ORDER NO. 986020-12 DEED TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 OF DEEDS: THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND, NORTH 23'47 1 15" WEST, (RECORD MAGNETIC BEARING NORTH 38'20' WEST), 456.25 FEET TO THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28. EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID 60 FOOT STRIP IN THE AFORESAID LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES X'1,677,158.09 FEET AND Y-342,771.44 FEET: THENCE ALONG SAID EAST LINE SOUTH 0028 1 30" WEST, 743.06 FEET; THENCE ALONG A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,000 FEET THROUGH AN ANGLE OF 2125 1 270 , A DISTANCE OF 373.92 FEET; THENCE TANGENT TO LAST SAID CURVE SOUTH 2056 1 57" EAST, 3088.43 FEET TO A POINT, DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 3. OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST: THENCE PARALLEL TO SAID LOT LINE NORTH 6905 1 40 WEST, 100.00 FEET TO A POINT, LAS? SAID POINT BEING DISTANT FOR REFERENCE SOUTH 8'08'25" EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1 LAST SAID ANGLE POINT BEING WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 69581020 WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY AS GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 8, 3961 AS FILE NO. 136233 OF OFFICIAL RECORDS. t . N LI • RTCORBID RtQUEST Of flRSI AMERW Tht! CM 12—JUL —1991 03s59 PM 1 RECOP.DINC, REQUESTED BY AND 2374 SAN DIEGO COUNTY RECORDER'S OFFICE WHEN RECORDED MAIL TO: AHNETIE EVAr1S, COUNTY RECORDER 2 California Coastal Commission PP 10.00 FEESt 19.00 45 Fremont Street, Suite 2000 8.00 3 San Francisco, CA 94105 MFi 1.00 4 SUBORDINATION AGREEMENT 5 NOTICE: THIS SUBORDINATION AGRZEMENT RESULTS IN YOUR SECURITY INTEREST IN iHE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN 6 THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. (THIS NOTICE REQUIRED BY CALIFORNIA CIVIL CODE SECTION 2953.3) B This subordination agreement is made between JOHN C. LYMAN, a widower, 9 hereinafter called the "Beneficiary", and ODMARK & THELAN AND THE DAVIDSON 10 COMPANIES PARTNERSHIP, a genera' partnership, hereinafter called the "Trustor". 11 The undersigned Beneficiary under Deed of Trust dated April 8, 1985 and 12 recorded on October 27, 1988 as Instrument No. 88-547917 of the Official 13 Recoids in the Office of the County Recorder of San Diego County, encumbering 14 Parcel C of the real property described in Exhibit A to this document, 15 which Deed of Trust has as Trustee FIRST AMERICAN TITLE INSURANCE COMPANY, : 16 a California corporation, hereby acknowledges the Deed Restriction concerning 17 building setback and brush management practices and building colors and 18 materials, required as a coT:.icion to the issuance of Coastal Development 19 Permit No. 6-90-311, and dated 3LAJ- /4', i'?(1/ , executed by ODMARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, recorded concurrently herewith, 21 : and des hereby subordinate the interests of its Deed of Trudt thereto on 22 1 behalf of the People of the State of California. A 23 DATED: /9 /99 (SIGNATURES ON NEXT PAGE) ill 25//I 'I .0 I ______ OQC t' 991_03446r,.,\ 2375 I BENEFICIARY: TRUSTOR: 2 ODMARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, a General Partnership 3 _______________________________ JOLYM AN '' By: Odmark & Thelan/Batiquitos Ltd., a California limited partnership, General Partner 5 By: ODMARK & THELAN, a California 6 general partnership, General Partner By: THE ODMARK DEVELOPMENT COMPANY, a California corporation, 8 General Partner • By tl/(. 10 Ted P. Odmark, President 11 By: ONTARIOVILLR HOLDING COMPANY, 12 a California corporation, General Partner 13 14- -------- --.- -• / By: - L John D. 'rhelan, President 15 By: DAVIDSON COSCAN PARTNERS, a 16 California general pa. tnership, General Partner 17 By: THE DAVIDSON COMPANY, a 18 California corporation Genera' Partner 19 20:1 By: 21 William A. Davidson, Presiden 22 STATE uF CALIFORNIA COUNTY OF SAN DIEGO 23 Onj_/.ç before me, the .ndersigned, Notary Public in and or sai ate, personally appeared JOHN C. LYMAN, p.p.a Jcmowfl-tO-ise (or 24 1 proved to me on the basis of satisfactory evidence) to be the person whose name Is subscribed to the wPhin instrument and acknowiedged to me that he executed 25 the same. 26 WITNESS my hand and nf'icial seal. __ EVELYN 27 ••• . [ 28 Notary Public /(,)l# 4, /./7 4, £SCOND'OO CO!JT L JANUARY 17. i995J /)U1 -- 6P - •---. • ____ - - U.. 44C4 A1110L 2376 I STATE OF CALIFORNIA )ss, 2 COUNTY OF SAN D1G0 3 On _____________________ , before me, the undersigned, a Notary Public in and for aid state, personally appeared TED P. ODMARK, known to me to be the 1 4 Pre ident of The Odmark Development Company, the corporation that executed q the within instrument and known to me to be the person who executed the within 5 'strument on behalf of said corporation, said corporation being known to me to be the general partner of Odmark 6 Thelon, the general partnership that is 6 known to me to be the gáneral partner of Odmark & Thelan/8atiquitos Ltd., limited partnership known to me to be the general partner of Odmark & Tholan and The Davidson Companies Partnership, the general partnership that executed the within instrument, and acknowledged to me that said last named partnership 8 executed the same. 9 WITNESS my hand and official seal. 10 Christina M. Drake "A MOO COUNTY Notary Public MY S,,,. 3 12966 12 13 STATE OF CALIFORNIA )sot COUNTY OF SAN DIEGO 15 On 4j4.p._&._. /92/ , before me, the undersigned, a Notary Public in and fo aid state, personally appeared JOHN D. THELAN, known to me to be the , P ident of Ontarioville Holding Company, the corporation that executed the LU within instrument and k,,own to me to be the person who exe'uted the within , instrument on behalf of said corporation, said corporation being known to me '' to be the general partner of Odmark 6 Thelon, the general partnership that is known to me to be the genera' partner of Odmark & Thelan/Batiquitos Ltd., the 18 limited partnership known to me to be the general partner of Odmark & Th.an and The Davidson Companies Partnership, the gene-41 partnership that executP " the within instrument, and acknowledged to u.. that said last named partnership 20 executed th- same. 21 I WITNESS my hand and official seal. 22f Q 23 Notary Public I/I 25 26 ;11/ 28 • -1 iFIIC1AL SEAL Christina M. Drake .4; N o O r T PuS.0 CAUPOØNIA ] 1U77 sMS 0000 COUNTY OM p a" mm $ INS -3- M. __ a) 2377 D ii 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 2$ STATE OF CALIFORNIA COUNT? OF SAN DIEGO On ZMA ,JE F I f'1 before me, the undersigned, a Notary Public in and for said stat., personally appeared WILLIAM A. DAVIDSON, known to me to be the President of That Davidson Company, the corporation that executed the within tnstzument and known to me to be the person who executed the within Instrument on behalf of said corporation, said corporation being known to Mr to be the general partner of Davidson Coscan Partners, the general partnership that is known to me to be the general partner of Odmark & Thelan and The Davidson Companies Partnership, the general partnership that executed the within instrument, and acknowledged to me that said last named partnership executed the same. WITNESS my hand and official seal. LYNN C.SHOt*W ROTMYMLJC.fst I NoAry Public I/I 1/I ( -.4-. LI 2378 'I .,EXf•::?) .AL.. ORDER NO. 986020-12 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF LOTS 11 AND 12 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERj4ARr'INO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33; THENCE ALOG THE WEST LINE OF SAID QUARTER-QUARTER SECTION SOUTH 045 1 06" EAST, 787.64 FEET (RECORD OF SURVEY NO. 6296 - SOUTH 1201420 EAST, 788.13 FEET) TO THE NORTHWEST CORNER OF SAID LOT ii AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE ALONG THE NORTHEASTERLY BOUNDARY OF SAID LOT 11, THE FOLLOWING COURSES SOUTH 69051166 EAST, 228.10 FEET (RECORD OF SURVEY NO. 6296 - SOUTH 6948 1 44 EAST, 228.23 FEET) AND SOUTH 3231 1 15" EAST, 235.26 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JULY 13, 197* AS FILE NO. 78-292074 OF OFFICIAL RECORDS; THENCE LEAVING THE BOUNDARY OF SAID LOT 11 ALONG THE NORTHERLY LINE OF SAID STATE LAND NORTH 89'10 0 56" WEST (DEED • NORTH 89121130 WEST) 119.72 FEET: THENCE LEAVING SAID STATE LAND NORTH 3731 1 25 WEST, 149.14 FEET TO THE BEGINNING OF A TANGENT 4".00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY: THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45*51570 A DISTANCE OF d60.23 FEET TO A POINT OF COMPOUND CURVATURE WITH AN 800.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 6'36 1 33 0 EAST: THENCE NORTHWESTERLY, WESTERLY LND SOUTHWESTERLY ALONG THE ARC OF SAID 800.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 27'21 1 030 , A DISTANCE OF 381.89 FEET TO A POINT COMMON TO THE NORTHEASTERLY LINE OF MISCELLANEOUS SURVEY NO. 637 (INTERSTATE - 5) AND THE NORTHWESTERLY BOUNDARY OF SAID LOT 12, A RADIAL LINE TO SAID POINT BEARS NORTH 2044 1 25" WEST: THENCE LEAVING THE ARC OF SAID CURVE ALONG THE BOUNDARY OF SAID LOT 12, THE FOLLOWING COURSES NORTH 3307 1 17" EAS, 134.45 FEET AND SOUTH 6905 1 16' EAST, 454.48 FEET TO THE POINT OF BEGINNING. 'I I 2379 ORDER NO. 986020-12 PARCEL B: LOT 1 IN SECTION 33, TOWNSHI 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. ALSO THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER NORTH 012'25" WEST, 746.00 FEET; THENCE SOUTH 8947 1 35" WEST, 334.09 FEET; THENCE NORTH 43'15 1 25" WEST, 205.17 FEET; THENCE SOUTH 8947 0 35" WEST, 475.16 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN DEED TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 OF DEEDS: THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND SOUTH 2347 1 15" EAST (RECORD MAGNETIC BEARING SOUTH 3$20' EAST) 140.86 FEET TO AN ANGLE POINT; THENCE ALONG SAID EASTERLY L'NE SOUTH 17'22 1 15" EAST, 477.94 FEET (RECORD SOUTH 31'55 1 00" EAST, 483.89 FEET) AND THENCE SOUTH 1825 1 45 WEST, 322.56 FEET (RCORD SOUTH 03'46'00" WEST, 326.50 FEET) TO THE SOUTHERLY LINE OF 5*10 SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89'54 1 14" EAST, 855.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS DESIGNATED Y THE CALIFORNIA STATE HIGHWAY DEPARTMENT FOR FREEWAY AND SERVICE-ROAD PURPOSES, LEGALLY DESCRIBED BELOW AS PARCEL 1 AND PARCEL 2A, RESPECTIVELY, AND THAT PORTION OF SAID LOT 1 THAT LIES WESTERLY 0? SAID PARCEL I. PARCEL 1: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 33; THENCE ALONG THE NORTH LINE OF SAID SECTION 33, SOUTH 89'11'06" EAST, 263.6$ FEET TO A LINE BEARING NORTH 3246'41" WEST, FROM A POINT BEING AT COORDINATES Y-339,009.75 AND X1,677,698.92 FEET: THENCE ALONG SAID LINE SOUTH 3246 1 41" LAST, 561.91 FEET TO LAST SAID POINT; THENCE SOUTH 3616'49" EAST, 353.55 FEET; THENCE SOUTH 25'27 1 58" EAST, $8.85 FEET TO THE SOUTHEASTE'LY LINE OF SA'D LOT 1: THENCE ALONG LAST SAID LOT LINE AND ALSO ii*r SOUTHEASTERLY LINE OF SAID LOT 4, SOUTH 33'09 1 27" WEST, 817.12 FEET TO A LINE BEARING SOUTH 310045 0 EAST _ ; 0 ) 'I I it / f 2360 ORDER NO. 986020-12 FROM A POINT BEING AT COORDINATES Y338,287.45 FEET AND X1,677,302.83 FEET: THENCE ALONG LAST SAID LINE NORTH 31 1 00 1 4 WEST, 381.54 FEET TO LAST SAID POINT: THENCE NORTH 18'04'10" WEST, 457.06 FET; THENCE NORTH 2507 1 11" WEST, 43.40 FEET TO THE WESTERLY LINE OF SAID LOT 1; THENCE ALONG SAID LOT LINE NORTH 0'54 1 54" WEST, 724.72 FEET TO THE POINT OF BEGINNING. PARCEL 2A: A STRIP OF LAND 60 FEET WIDE, THE CENTER LINE OF SAID 60 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING IN THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNT? OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES Y-342,771.44 FEET AND X-1,677,158.09. FrET; THENCE ALONG SAID EAST LINE SOUTH 0'28 1 30" WEST, 743.06 FEET; THENCE ALONG A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS 0?, 10,000 FEET TERCUCH AN ANGLE OF 2125 1 27", A DISTANCE OF 373.92 FEET: THENCE TANGENT TO LAST SAID CURVE SOUTH 20'56'57" EAST, 3088.43 FEET TO A POINT DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST; THENCE PARALLEL TO SAID LOT LINE NORTH 6905'40" WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUT! 80'08 1 25" EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1, LAST SAID ANGLE POINT BEING THE WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 69'58 1 02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY. PARCEL C ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNT F SAN DIEGO, STATE OF 'ALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING NORTHERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING 2.1 THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE LOUTHEAST QUARTER OF SECTION 28: THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER "F THE SOUTHEAST QUARTER, NORTH 012 1 25" WEST, 746.00 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE: THENCE SOUTH 89'47'35" WEST, 334.09 FEET: THENCE NORTH 43'15 0 25" WEST, 205. ' FEET; THENCE SOUTH 89 1 47 1 35" WEST, 475.16 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN L._...TIiIIT) ,& I/I. 2381 ORDER NO. 986020-12 DEED TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 OF DEEDS; THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND, NORTH. 2347 1 15" WEST, (RECORD MAGNETIC BEARING NORTH 3820' WEST), 456.25 FEET TO THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28. EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID 60 FOOT STRIP IN THE AFORESAID LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE. 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES X-1,677,158.09 FEET AND Y-342,771.44 FEET; THENCE ALONG SAID EAST LINE SOUTH 0028 9 30" WEST, 743.06 FEET: THENCE. ALONG A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,000 FEET THROUGH AN ANGLE OF 2125 1 27", A DISTANCE OF 373.92 FEET: THENCE TANGENT TO LAST SAID CURVE SOUTH 2056'57" EAST, 3088.43 FEET TO A POINT, DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST; THENCE PARALLEL TO SAID LOT LINE NORTH 6905 1 400 WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 9081250 EAST, 156.5; FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINr OF SAID LOT 1 LAST SAID ANGLE POINT BEING WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 6958 1 02" WEZT, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY AS GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 8, 1961 AS FILE NO. 136233 OF OFFICIAL RECORDS. I' t. La 0 •. I 416 10 11 12 13 14 is IS 17 is 21 22 23 24 24 '. Ito" Wfowsr rq n-, rrn.*e,m,am2226 : 1991-0344280 *ZCOIDIIIQ REQU5IflD It AND RITUIN ?Oi California Coastal COLS.LOII 12-JUL-1991 03159 Ph 45 Fr..ont St., Suits 200fl San Francisco, CA 94105-2219 SAN DIEGO MIPIY Rt0E1'S OFTICE WETTE EtWS. tONI? 1EER pi 79M fEES' l.I %, TiM pi LCD RISC' 4.00 OPEN SPACE DEED RESTRICTION WHEREAS. 051(41K & THKLAN AND THE DAVIDSON COMPANIES PARTNERSHIP - hereinafter referred to as the 'Ower(s),' is/ are the record owner(s) of the following real property: Sea Exhibit N attached hereto her.lnafer referred to as the Prop.rty;' and II. WHEREAS, the California Coastal Commission, hereinafter referred to as the 'Cotfnission.' is acting on behalf of the People of the State of California; and III. WHEREAS, the subject property is located within the coastal zone as defined in section 30103 of Division 20 of the California Public Resources Code, hereinafter referred to as the 'California Coastal Act of 1176,' (the Act); and IV. WHEREAS, pursuant to the Act, the Owner aralied to the Comission for a coastal development permit on the Property described above; and V. WHEREAS, coastal developier' ,ertsit number 6-0311 hereinafter February 5 91 isferred to as the 'Permit,' was granted on • l_, by the Commission in accordance with the provision of the Staff Recomeendztlon and findings, attpr'ed hereto as Exhibit A and herein incorporated by cuy PAPSC I 'L 13 - -- La*h44....S&J.Jaa,ami.W-2U1I Z*,fl aIflh*W ------ 0 0-• ___ ______ _______ 2227 I reference; and 2 VI. WHEREAS, the Permit was subject to the tires and conditions 0 a 3 trctu.tng, but not limited to, the following condition(.) 4 'N. Open Space Deed hostriction. Prior to the issuance of the coastal development permit, the applicant shall record a restriction against the 6 subject property, free of all prior liens and encumbrances, except for tax 1 liens, and binding on the permittee's successors In interest and any 8 subsequent purchasers of any portion of the real property. The restriction 9 shall prohibit any alteration of landtoriftr, removal or vegetation or the 10 erection of structures of any type, except as herein approved pursuant to 11. condition #5, in the area shown on the attached Exhibit "N', and generally 12 described as all naturally vegetated areas of 25% grade or greater left 13 undisturbed pursuant to the final approved plan, the proposed of n spa.o 14 areas as approved by the City, and the required lagoon buffer zone. The 15 recording docuri'nnt 'ball include legal descriptions of both the applirant's 'C entire parcel(s) and the restriLted aree, and shall be in a form and content 17 acceptable to the Executive Director. Evidence of recordation of such 18 restriction shall be subject to the review and written approval the '9 Executive Directr." 20 VII. WHEREAS, the Commission found that but for the iasitioa of the 21 above condition(s) the proposed development could not be found consistent 22 with the provisions of the California Coastal Act of 1976 and that a permit 23 could therefore not have been granted; and 24 VIII. WHEREAS, Owner has elected to comply with the condition(s) imposed by the P.rsiit and execute this "-ad Restriction so as to enable Owner to undertake tP -'e,.1op.ent authorized by the Permit. 27 (I C,, I .11 - tot- At Nit 't j' I:;.1i lip .l.i.PPsl:l I' 4 i ?1 r' I •1 -2- k'I U 25X1 p 2228 NOW, THEREFORE, in consideration of the granting of the Permit to the Owner by the Coomission the Owner hereby Irrevocably covenantS with the Commission that there Wand hereby is created the following restrictions on the use and enjoyment of said Property, to be attached to and become a part of the died to the property. 1. COVENANT, CONDITION AND RESTRICTION. The undersigned Owner, for hims.lf/herSelf and for his/her heirs, assigns, and successors in interest, covenants and agrees that: the use of the Protected Land as shown on Exhibit C, attached hereto and Incorporated herein by reference, shall be limited to natural open space for habitat prot.ction,t an and resource and resource conservation uses. No development as defined in Public Resources Code section 30106, attached hereto as Exhibit 0 and Incorporated herein by reference, including, but not limited to removal of tries and ot'er major or native vegetation, grading, paving, installation of structures such as signs, buildings, etc., or Landscaping, except as Lndtcat.id in (d) buoy shall occur or be allowed on the Protected Land with the exceptiiu of the following subject to applicable governmental regulatory reaui;ments: (a) the removal of hazardous substances or conditions or dfseased plants or trees; (b) the removal of any vegetation which constitutes or contributes to a fire hazard to residential u. of neighboring propertlis, and which vegetation lies within 100 feet of existing or permitted residential development; (C) the j.1stallation or repair of underground utility lines -3- I! 0-• 1. 2 3 11 U 4 5 8 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 2? couul• PAPI* V f . i, 4 ti-i i 6 ---- L. U . UP, 0-' 0 0- 2229 and septic systems; (d) 0th.r, 12diCipLf1C/tUVpgIltltjOfl O IIiOVrI In F.xhibtt attached hereto and (nf rporated herein by reference 2. DURATION. Said Died Restriction shall remain in full force and effect during the period that the said permit, or any modification or amendment thereof remains effective, and during the period that the develop- mint authorized by the Permit or any modification of said development, remains in exsitance in or upon any part of, and thereby confers benefit upon, the Property described herein, and shall bind Owner and all his/her assigns or successors in interest. 3. TAXES AND ASSESSMENTS. It is Intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the property within the meaning of section 5712(d) of the California Revenue and Taxation Cod., or successor statute, survives a sale of tax-deemed property. 4. RIGHT OF ENTRY. The Commission or its agent may enter onto the which Property at times reasonably acceptable to the Owner to ascertain whether the use restrictions set forth above are being observed S. REMEDIES. Any act, conveyance contract, or authorization by the Owner whether written or oral which uses or would cause to be used or would permit use of the Property contrary to th ervel of this Deed Restri.lon will be deemed a violation and a breach hereof. The Commission and Owner may pursue any and all availabl, legal and/or equitable remedies to - enforce the terms and con'tins of this Deed Resriction. In the evcnt of a -4- - )• •/: lja I et 'ri'I't't 1'i''I'I'I I' LhiHT, 10 11 12 13 14 15 is 17 18 19 20 21 22 23 24 26 27 a.ue? PapeR T' -IL (u I LI 0 2230 1 breach, any forbearance on the part of either party to enforce the terms and 2 provisions hereof shall not be deemed a waiver of enforcement riqhtt 3 regarding any subsequent breach. El 4 5. SEYERAB[UrY. If any provision of these restrictions is 6 held to be invalid, or for any reason becomes unenforceable, no other 6 provision shall be thereby affected or impaired. 7 $ June 14 91 Dated: 9 10 11 12 13 14 16 16 1? 19 20 21 22 23 (WARY ON NEXT PAGE) 24 26 26 21 v,. 1 13 I 1i f.: L - t i4. I SIGNATURES ON NEXT PAGE (SA) SIGNED: SIGNED: 01 I! 0 _*t 'V 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 •1 ft ( 2231 Executed on this L.'day of tA-.--.i. , lftl at San Diago, California. OOMAtR ê THELAN AND THE DAYIDN COMPANIES PARTNERSHIP $'i Odusrk Is Th.lan/Batiquitos Ltd., a California limited partnership Sys Odmark & Thelan, a California general partn.rahip Sys The Odeark Development Company, a California corporation, general partner Sys Ted P. Odmark, President Sys Ontarioville Holding Company, a California corporation, general partner n D. Th.lan, President Sys Davidson Coscan Partners. a California general partnership Sys The Davidson Company, a California corporation, genarat partner By t William A. Davidson, President Notary Acknowledgments on Next Pa*U II, -5-(A) t. 0 25 I' 0 O._m 2232 STAtE OF CALIPORNIA I au COUNTY OF SAN DIEGO I Oil b.fore me, the undersigned, a Notary Futile in and foç.Jaald stat., personally appeared TED P. ODSSARK, known to m e to be the Prtdldent of The Odnark Development Company, the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the Liner.l partner of Od*ark & Th.tan, the Linersl partnership that Is known to we to be the general oartn.r of Odmark & Tb.Ian/R.tiquttos Ltd., the limited partnership known to me to be the general partner of Odairk 4. Thelin and The Davidson Companies !'irtnershlp, the general partnership that executed th. within instrument, and acknowledged to me that said last named partnership executed the lame. WITNESS my hand and official seal. - OfLAI. Christina H. Disks1 - Notary Public niMY P%PC cA&.oeedI eMs 0100 CM 1 10116 ,._s._ lm j STATE 07 CALIFORNIA Is., C0NTY OF SAN DIEGO On /'/ / 9'9, , before me, the undersigned, a Notary Public in and said state, personally appeared JOHN D. THELAN, known to me to be the P sident of Ontirioville Holding Company, the corporation that executed the within instrun.nt 'id known to me to be the person who executed the within instrument on behalf of said corporatiou, said corporation being known to me to be the general partner of Ocinark & Thelan. the general partnership that is known to ine to be the general partner of Odmark & Thelan/8stiquitoa Ltd., the limited partnership known to all to be the general partner of Odmark 4. Thelsn and The Davidson Companies Partnership, the general partnership that executed the within Instrument, and acknowledged to me that said list naw.d partnership executed the same. 2 3 D 4 5 6 7 8 9 10 11 12 13 14 El V 21 22 23 24 25 26 1 27 28 WITNESS my hind and official seal. eL7' Notary Public I/f I/I "I or?IzL UAL jj Christine H. Dr w PUSI LIC CMW IAMY *010 c OF aImeNMe -6- fr1 2 SAX 0 I 2233 I I 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 STATE OF CAI.IFONN!A I COUNTY OF IAN DItCO On lur.J ,q, iiqt • b.(oy, a., the und.rsign.d, a Notary Public in and for said stat., p.raonauy appeared WILLIAM A. DAVIDSON, known to ae to be th. President of The Davidson Company, the corporation that executed the within instrument and known to ae to be the person who executed the within instrument on behalf of said corporation, said corporation being known to .e to b, the general partner of Davidson Coscan Partners, the general partnership that is known to me to be the general partner of Oduarit A Th.lan and The Davidson Companies Partnership, the general partnership that executed the within Instrument, and acknowledged to at that said last named partnership executed the same. WITNS$ m' hand and official seal. - 1of,I1ACe11 NMI QW-Vainsm thIN C. SNOIZ11 Nory Public I/I I/f II, I' ' 1H'H1iD: '44M!t aj 0 - I M= I 2 3 4 5 6 7 a 9 10 1'! 12 13 1 15 16 17 1! 19 20 21 22 23 24 25 28 27 SCUM? PPtM V7 0 2234 This is to certify that the acknowledgement set for the above is hereby acknowledged by the undersigned office on behalf of the California Coastal Commission pursuant to authority conferred by the California Coastal 1 Commission when it granted Coastal D,velopmnt Permit No. 6-90-311 on February 5, 1991 and the California Coastal Commission consents to recordation thereof by its duly authori.d officer. Dated: Jah'b Sower., Staff Counael California Coastal Commission STAIC OF CALIFORNIA )SS COUNTY OF SAN FRANCISCO) On this //,i day of , in the year 1991 • before Debooah I.. Soya , a Notary Public, personally appeared John Bowers personally known to me (or Proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as staff counsel of the California Coastal Coeviiission and acknowledged to me that the California Coastal Commission executed it., 911 rioiy flJ.I( ______________________________ cit.:.!F Ytu S A -I- L. 'P 31 1 (0 -0-j 2 (I 0 D ..N.... _______ - v 4o,a 2235 • rv •'nIi• ii L',:LjiI ._L.., - 14LL)u\P44C, ii 0(5 04001 m4AN 0. CALIFORNIA COASTAL COMMISSION SAN 0400 Colt osutscv Filed: 11/24/90 I3 CA*No net ape sow* tests lit 49th Di 2/11/11 SAN 0400 CA flI3ISi 1110th Day. 6/20.91 Staff: P9W-SO Li Staff Report: 1/17/91 Hearing Date: 2/5-9/91 STAFF REPORT AN0PJLLINI(AR1_R1O$NCNDATt0N Application No., 6-90-311 3i Applicant: Odmart I milan and The Davidson Company Description: Subdivision of a vacant 41 acre parcel Into 79 lots and construction of 72 three- and four-bedroom single family residences. Lot Area 41acres Building Coverage 191,560 sq. ft. (11%) Pavement Coverage 240,000 54. ft. (13%) Landscape Coverage 546,201 sq. ft. (31%) - Unimproved Area 799,264 sq. ft. (45%) Parking Spaces 222 Zoning 9-1.7500 Plan Designation RLM/RM/OS Project Density 1.9 dua Ht ibv fin grade 29 feet Sit.: fast of 1-5, South of Pointsettia lane at southerly terminus of Batiquitos Drive. Carlsbad, San Diego County. AN 216-150-3. -5, & -7; 214-170-17, -21 & -22. STAFF NOTES: $wnnarv of Staffs Preliminary Recommendation: Staff is recommending .,pproval of the proposed project subject to special conditions requiring redesign of the road and building sites in the southwestern portion of the site to eliminate the prr'sed till located In the wetlands buffer and the encroachment on steep ; •s at the western terminus of Fiori Ceirt; submittal of a detailed r.vegetation plan for all manufactured slopes; recordation of a irrevocable offer to dedicate all wetland areas; recordation of a deed istriction placing all wetland buffer areas and all areas located on naturally vegetated Steep tIopes in permanent open space; submittal of a sign plan for the public parking/access improvements; a restrictionagainst any 'diflg or construction during the California Gnatcatcher nesting period; and, aubmitta1 of revised grading Anderosion control plans including a restriction on grading during the rainy season. he tug 11. "HIS all gig W IT o- - -. ---. 25x I '-- -•" .• .,. ..__Ta •- 0.-s.. 0 Fl 2238 0.3ll Page 2 Substantive File Documents: Certified City of Carlsbad Motto It Segment LCP; Final Environmental impact Report Broccato at Batiquitos Shorts r.lMtNARv STAFF BECMMJON: The staff recommends the Commission adopt the following resolution: I. Co Oitions. The Commission hereby grkn11 a permit for the proposed development. subject to the conditions below, on the grounds that the development, as conditioned, will be in conformity with the adopted Local Coastal Program, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. it. See attached page. Ill. Special Conditions . The permit is subject to the following conditions: 1. Reviseq Plng. Prior to the issuance of the coastal development permit, the applicant shall submit revised site and grading plans approved by • the City of Carlsbad documenting the elimination of encroachments into the 100 foot wetland buffer and Onto naturally vegetated steep slope areas adjacent to Lots 51 and 52 for Fiori Court Improvements, for the fill structure supporting Fiori Court, and for referenced building sites. The plans shall be submitted to, reviewed and approved in writing by the Executive Director. 2. Grading and Erosion Control. Prior to the issuance of the coastal development permit, the applicant shall submit final grading plans approved by the City of Carlsbad which shall incorporate the following: A. All grading activity shall be prohibited between October lot and Coril 1st of any year. Prior to commencement of any grading activity, the permittee shall submit a grading schedule which indicates that grad:.:g will be completed within the permitted time frame designated in this condition and that any variation from the schedule shall be promptly reported to the Executive Director, B. All permanent runoff and .rosion control devices s"_ i be levv'ooed and installed prior to or concurrent i,ith any on-s.. grading activities. C. All areas disturbed, but not competed, during the construction season, including graded pads, shall e stabilized in advance of the rainy season. The use of temporary erosion control oeasures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basin,, and silt traps shall be utilized in t..4junction with plantings to minimize soil loss from the construction site. Sail planting shall be accomplished under the supervision of a licensed •idscape archItect, shall provide adequate coverage within 90 days. and ,hall utilize vegetation of species L- - •'-' '/j 9!'! C a 0 2237 Pig. 3 compatible with surrounding native vegetation, subject to ttecvtive Director approval. 0- 3. Prior to the issuance of i coastal development permit, the applicant shall record an irrevotable offer to dedicate to a public agency, or to a private association acceptable to the Executive Director, an open space easement over the area shown on the attached Exhibit 13 • and generally described as the on-site wetland area identified in the wetland survey conducted for the proposed project (Retan, 1989). The document shall include legal dcscriptions of both the applicant's entire parcel(s) and the easement area. The offer shall be irrevocable for a period of 21 years. shall run in favor of the P.091, of the State of California, binding successors and assigns of the applicant end/or landowners, and shall be recorded prior to all other liens and encumbrances, except tan liens. The offer to dedicate shall e in a lone and content acceptable to the Executive Director. 4. OpenSsce Deed RejrjçflOj. Prior to the issuance of the coastal development permit, the applicant shall record a restriction against the subject property, free of all prior liens and encumbrances, except for tax liens, and binding on the permittee's successors in Interest and any subsequent purchasers of any portion of the real property. The restriction shall prohibit any alteration of landforms, removal of vegetation or the erection of structures of any type, except is herein approved pursuant to • Condition 1 5, In the area shown on the attached Exhibit 141. and generally described as all naturally vegetated areas of 25% grade or greater left undisturbed pursuant the the final approved plan, the proposed open space areas as approved by the city, and the required lagoon buffer zone. the recording document shell include legal descriptions of both the applicant's entire parcel(s) and the restricted area, and shall be in a form and content acceptable to the Executive Director. Evidence of recordation of such restriction shall be subject to the review and written approval of the Executive Director. 5. Prior to the Issuance of the L,.litil develop permit, the applicant shall submit a final landscape and reveqetatlon plan indicating the type, size, extent and location of all plant materials, any proposed irrigation system and other landscape features to revegelate those portions of the steep ope areas that are disturbed by Of proposed development, enhance existing disturbed areas and screen the project from views from Interstate 5 and the lagoon. Drought tolerant native and naturalizing plants shall be utiliZod to the manim,m Cxt,nt feasible to re-establish the area consistent with its present character. Said plan shall be submit.d to, reviewed by and approved in writing by the Executive Director. 6. i1ILqr1,iIJJ4ck Tatle&Gnatcatcirii.esting. Grading occurring within' any coastal sage scrub or chaparral vegetated areas shill be prohibited during the period of March 1 to Juno 1 At each year. Prior to the onset of the California black-tailed qnatcatcher nesting season (Mirth 1 to June 1 0 each year), a qualified wildlife biologist shall conduct a survey of the sit,. Additionally, if gnetcatcher nesting is observed, the applicant snail submit a 0 Rt 25 xD iI 0 o - •_,_*_ 'sacvl 223 Page 4 .jnitcatch,r protection plan to the tacative Director for review and approval in Consultation with the Department of Fish and Cue. Li 7 . .j Juqff otip. Prior to the Issuance of a coastal development permit, the applicant shall submit a runoff control plan designed by a liceflsvd engineer qualified in hydrology and hydraulics, which would assure no increase in peak runoff rate from the developed site as a result of a ten-year frequency storm over a six-hour duration (10 year. 6 hour rainstorm). Runoff control shall be accomplished by suc' means as on-site detention/d.silting basin(s). Energy dissipating measures at the terminus of outflow drains shall be constructed. The runoff control plan Including supporting calculations shall be submitted to and determined adequate in writing by the Executive Director. IV. f.lnttnotjiltl,c!i_r.&t lpn.j. The Commission finds and declares as follows 1. 2etailed roject DetskCiptioq. Proposed is the construction of a 79 lot subdivision of a 40.9 are site and the construction of 72 single family residences. A total of seven open space lots will be created as part of the subdivision. The proposed single family residences will be three and four bedrooms, and will be a maximum of 29 feet high. A total of 216 private parking space. and 6 public parking spaces will be provided. About 235,000 cubic yards of cut and 354,700 cubic yards of fill are proposed to implement the proposed site plan, resulting In Cut and fill slopes of up to 30 feet in height. Imported fill will be obtained at an adjacent site, where grading was approved under CP •6-87-680-A9 (Aviara). The proposed project also includes the grading and construction for- htiquitos Drive, a circulation element road extending across this site and onto the Aviara site to the east. Internal roads will also be constructed, including Broccato Lane, which will also serve as an access road to one of the traliheads for the Batinjitos Lagoon public trail system. Six public parking spaces will be located near the southerly terminus of Broccato Lane. A desilting basin is proposed for the southeastern corner of the site The site or the proposed development in located along the north short of Batiquitos Lagoon, irsnndl.,tniy east of 1-S. The property is a flat.bottomed, southeast trending canyon which leads down to the shore of Batiquttos lagoon. While much of the bottom of the canyon and numerous r. along the AIIS Of the canyon have been disturbed, extensive coastal . e scrub vegetation occurs on the hlOh,r and steeper portions of the canyon's slopes along the northern, western and eastern property lines. Approximately 12.4 acres of the site are cor.tcined in slopes in excess of ?S% grade. As stated above, the steepr slopes tend to be concentrated along the northern, eastern and westc e.ges of the property. Of these 12.4 acres, Approximately 6.7 acres of undisturbed slopes in excess of 25% occur on the Lo' !.J -- 0 2239 6.10-311 Page 5 site. The property is located iinnediitely adjacent to the open water areas of D aatlquitos lagoon, and extensive ireas of wetland vegetation and soil types occur on the property. A wetlands determination was Conducted for the property, utilizing Federal criteria for identifying wetlands. uoth coastal salt marsh and brackish marsh wetland types were Identified on the project site, and a wetland boundary and •cconr'anying 100-foot buffer were delineated. Although located in the eatlquites Lagoon area, the project site is governed by the Mello It segment of the City of Carlsbad's Certified Local Coastal Program (LCP). The project site is both planned and zoned for residential uses. Maximum residential density allowed on the site is about six dwelling units per acre. Proposed density of the site if the project is fully Implemented will be less than two dwelling units per acre. The project site also has several specific LCP policies that apply to It that will be discussed in greater detail below. The site Is bounded on the west by a fill slope for I-S and some residential development, by residential development on the north, and by portions of the dedicated open space associated with the Aviara Master Plan aria to the Last. Batiqultos Lagoon is located Immediately to the south of the sit.. 2. Development on Steep Slooes and Other Sensitive Habitat Ares Section 30231 of the Act states: The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored ttrough, among other means.. .controlling runoff.... Section 30240(b) of the Act states: (b) Development in areas adjacent to environmentally sensitive habitat areas and parkS and recreation areas shall be sited anu designed to prevent impacts which would significantly degrade such areas, and shell be compatible with the continuance of such habitat areas. Section 30253 of the Act etates, in part: New development shall: (2) Assure stability and structural integrity, and neither crte nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area,... In addition to these provisions. Section 30730 of the Act requires that special protection be given in species of biological significance. lip 0. 0 - --------.•--- ."''. 2240 6 10.311 Page 6 At previously stated, the sbeCt site is located in area subject to the MfIi It segment of the City of Carlsbad's LCP. Steep slope areas are afforded special status due to the ç.resene of naturally occurring chaparral/coastal Sage Scrub slopes in the general area and due to the f4ct that many of the steep slope areas drain to Batiquitos Lagoon. in recent years, decline of California black-tailed gnatcatcher populations ,hich rely on natural chaparral vegetation once common to the area have led to this species candidate status on the Faderal endangered s pecies list and to an increasing concern over the retention of large, contiguous naturally vegetated areas. The ICP regulations pertaining to steep slopes as drafted by the City and certified by the Commission seek to protect only those slopes which contain both areas of 25% grade and greater and natural coastal sage scrub/chaparral vegetation. As will be discussed in further detail, while the subject titi contains Steep slopes, the site has been extensively disturbed. I The intent of the ICP policies is to limit the wholesale removal of native vegetation, recontouring or natural landturins and installation of impervious surfaces. A detailed slope analysis and biological survey conducted for the site indicates that about 12.4 acres of the site are 252 grade or greater. Of these slopes, a total of about 8.7 acres contain natural vegetation, Including Dugan coastal sage scrub, southern mixed chaparral and biccharis scrub plant Communities. California black'tat led gnatcitchers have been sited in the Dugan coastal sage scrub and southern mixed chaparral dominated steep slopat on the western and eastern margins of the property. Implementation would result in a total loss of approximately 7.49 acres of Diegan coastal sage scrub, 0.02 acres of mixed chaparral and 0.8 acres of 8accharis scrub vegetation. tat this total, about 1.2 acres of steep, undisturbed habitat area it proposed to be developed as a result of this project. Although the provisions of the Mello It LCP seek to maintain the maximum amount of steep, naturally vegetated hillsides, the LCP does c"ntain specific policy language regarding the application of the policy. The LCP states: For those slopes mapped as possessing endangered plant/animal specieb and/or coastal sage scrub and chaparral plant communities, the following shall apply: lppg_of_2 - shall ydJ Unl. Q _ n_te!jrisiuL staie, fl A01Lu.'j .L hi~aj, n old 1 0% of the steel? 11oe area over 25% for iStln9 legal parcels, with 25% grade, encroachment sh011 be permitted, however, any such encroachient shall be limited so that at no time is more thin 20% of the entire parcel (includinC areas under 25% slope) permitted to Sc disturbed from its natural state. This policy shall not apply to the construction of the City's Circulation Element or the development of utility systems. U1esOfs1Ope1_25%!nav atej C!4tJi!!Lete is no (emphasis added). o) 25x10 0 - - —u'- 2241 .311 Page I I Within Ot context of this project, iii* allowance of the development 01 steep slopes would be subject to these prOuiionS, As Citfently proposed, a total of 1,2 acres of InCroachmcnt onTo steep, u.disturbed and naturally vegetated 1 slopes would occur. This clearly exceeds the 10% encroachment which may be I allowed to avoid precluding any reasonable use of the sit,. Datiquitos Drive, however, is a circulation element road in the City of Carlsbad. It will provide access from Polottettli Drive (north of the project site) and the Aviara Master Plan area (east of the project site). Under the LCP policies, circulation element roads are exempt from the steep olcpe policies. Non-circulation element roads may be allowed to cross steep, naturally vegetated areas in order to provide access to flatter, more developable areas of the site. Floria Court is a short, non-circulation element road that provides access to the northeastern corner of the site. A total of twelve building sites would be accessed from Floria Court. In materials submitted with the coastal development permit application, the applicant has indicated the total amount of grading that would be required for Datiquitos Drive alone. That is, the applicant had demonstrated the grading that would be required exclusive of the proposed development. This grading for a circulation element road would result in a total areal extent of grading of about 26,000 to 27,000 square feet of naturally vegetated, steep undisturbed slopes. This is equivalent to 0.60 to 0.62 acres, which would reduce the total area of steep, naturally vegetated slopes to be developed to below the 10% limit of area which may be allowed to be graded in order to avoid precluding reasonable use of the site. In addition to the grading for Datiquitos Drive. the grading for doria Court would also disrupt steep, naturally vegetated hillsides. The protected areas in the northeastern corner of the site, however, are relatively isolated pockets that are interspersed with flatter disturbed areas that are suitable for development. The areas that are proposed for development are only tenuously connected to those portions of the site that comprise the large. contiguous areas of natural vegetation. The same finding can be made for other, smaller areas adjacent to parcels 56 to 60. inclusive, since some grading for the widening and improvement of the existing Broccato Lana is required to provide access to the southerly portions of the site. There is additional grading o l protected areas that does not necessarily meet the exemption standards provided in the ICP. The grading associtad with the extension of Fiori Court to the west of Broccato Lane and ISts 61 ass 52 would result in the grading of naturally vegetated steep s*,es that are part Of the larger contiguous habitat area that would ordinarily be preserved under the policies. .l addition, as stated below, the grading for this portion of the property would encroach isV' the wetland buffer. Special Condition #1 has been proposed, in part, to address this encroachment onto 5teep slope areas that are s0tabls for preservation. This condition / I ANA` 1*10011% S I I' 9 ?tl tliI:ii)1?lH9 - 1I 1 25013.1, 1 a S 2242 $40 315 aqe a would require the redesign of those areas at the end of the Fiori Court Cul-de-sac to avoid the proposed encroachment Into protected areas. This wll avoid an impact that does not necessarily qualify for tie exemption as O identified in LCP policies, as well as result in redesign of that area to Increase the distance of the residential development and the road from lagoon resources. Special Condition #2 is also proposed as a result of the presence of protected slopes on the project site. This condition would require the submittal of a detailed grading and erosion control plan designed to avoid erosion and u'sequent sedimentation impacts to the nearby seisitive wetland resources of Batiquitos lagoon. In addition, the condition prohibits grading during the winter months, when rain and resulting erosion is most likely to occur. Similarly, Special Condition 15 requires submittal of a final revegetation plan for all disturbed areas to further prevent erosion of the sit.. The applicants have submitted a preliminary landscape pun that utilizes extensive plantings of native vegetation. Submittal of final plans to the Executive Director for approval in consultation with the Department of Fish and Game will help to guarantee appropriateness of the landscaping/revegetation plan for erosion protection, and to assure compatibility with surrounding open space areas. Also adequate screening of what will be a highly visible development from views from Interstate S and the lagoon is required in order to assure consistency with Sections 30240 and 30251 of the Act. Special Condition ft details the methods for protecting against Calif.-nia black-tailed gnatcatciser impacts. Grading will be prohibited in areas where gnatcatcher nesting is likely to occur during the species' nesting season. If gnatcatctier nesting is observed on the site, a plan for the protection of the nests is to be submitted for the review of the Executive Director in consultation with the Department of Fish and Game. The plan will include, at a minimum, staking of the appropriate buffer zones around any identified nesting sites. Special Condition Ii requires submittal of the final drainage and eron'fli control plans, approved by the City of Carlsbad. and designed to assure no increase in the peak rate of runoff associated with the developed 'Ste when compared to undeveloped conditions, This requirement is consistent with the language contained in the Carlsbad ICP and past Coneni' ion preced..nt, and Is especially appropriate for developments such as that proposed which lies immediately upstream of Batiquitos Lagoon. Finally, Special Condition f4 requires that all steCp, naturally veqvtatad slopes not specifically approved for development in ' a permit be placed under an open space deed restriction. The cond n also requires the deed restrit ion be placed on all areas proposed as open space and required by the City, disturbed portions of which will be enhanced to help mitigate for the loss of undisturbed steep slope areas approved for development. This will protect against any inappropriate developna.at of these areas in the future. This condition also addresses protection of the wetland buffer as will be discussed in further deta below. •1 - / 5x1 0 - ----- - - 2243 Page 90-311 In SufTlS4ry, although some development of ordinarily prutect.l ar.as is specifically approved In this application, the development approved is consistent with the exemptions ontAined in the M#1I4 It LCP language. Other proposed intrusions into protected areas are identified and prohibited under the terms of Special Condition Il. Additional special conditions ore proposed to protect against impacts to wetland areas that are associated with development and to protect against impacts to the California black-tailed gnctcatcher. Therefore, the Commission fltis that the subject development, as conditioned, is consistent with Sections 30231, 30240 and 30253 of the Act. 3 .Witien.d Re r.&ii. Sections 30231 and 30240 of the Act also seek to protect against mpacts to wetland areas. The subject site contains not only coastal tilt marsh resources within Batiquitos tagoon, but also brackish marsh resources and some snvegetat,d wetland areas that have been subject to human impacts, eatiquitos lagoon is an important component in the region's wetland system. The over 600 acre wetland is served by a watershed of over 52 square miles, and has been the subject of an on-going program for developing a restoration plan for restoration and preservation of the lagoon's resources. It is also one of the 19 'high priority' wetlands as identified by the Department of Fish and Game and Worded special status in Section 30233 of the Act. The biological productivity of the lagoon and its environs it expected to be restored In the future as a result of the pending restoration efforts. As stated above, a wetlands delineation has been conducted at the site, and a wetlands boundary and 100-foot buffer area identified. Special Condition 13 would require that an offer to dedicate open space easement be recorded over the area actually containing wetlands. In past action, the Commission has fc.nd that the best method by far of protecting wetlands is for public control through a fee dedication or easement in favor of a public entity. In this fashion, the protection of the wetland areas can be assured. In this particular case, however, the 100-foot wetland buffer that would ordinarily be applied has been compromised by both the site's configuratS,.., exi:ting development and proposed development. In the southeastern corner of the site, the property is extremely narrow, and an existing unimprove..1 road extends virtually to the edge of the wetland. In this portion of the sit., the provision of a 100-foot buffer is impossible due to the configuration of the site and the existing improvements. There is also proposed in this area a detention basin designed t. ,.otect the wetland area. Although this extends Into the buffer, and is ordinarily a use not permitted within the buffer, it is located in the upper fifty feet of the buffer and is v.parated from the wetland by the existing road. At the western end of fiori Court, however, the right-of-way line for the Fiori Court cul-de-sac exonds into the area that would normally be designated as buffer. In addition, the fill slope extends to within about 50 feet of the delineated wetland area, requiring the access path to be within the lewer SO feet of the buffer. 1 f .............. 0 25X 10 0 N 2244 ',0.3fl Page 10 In past actions, the COnmissinn has allowed ilininsal public improvements (eg. O pathways, fencing and interpret i, signs) necessary for passi ve recreational uses to occur within wetland buUe, areas, provided that they were confined to the upper fifty feet of the buffer. Its the case of this development, the Public access pathway that is provided at a component of the lagoon pathway system includes an at-grade paved pttliwj, requiring minimal grading, through much of the upper portion of the buffer, and due to topographic restraints and existing development, makes minor intrusions into the lower fifty feet where necessary to provide a pathway. In the area of F iorl Court, however, the design Of the pathway and the location and design of Florl Court extend a full fifty feet into the buffer, and will result In a 16 foot high fill Slope the toe of which extends to the fifty-foot line. While the path utilizes the fill slope to climb the grade from the base of the slope to the terminus of the path at Fiori Court, it I5 clear that the grading for and elevation of the read and the building pads on the adjacent residential lots, as designed, dictate the need for the fill Slope. The proposed finish elevation of the 110,1 Court cul-de-sac is 32 feet, which compares to an existing elevation of 20 feet at the center of the cul-de-sac. While some fill Is necessary to meet roadway standards and to allow transition to the adjacent residential pads at existing elevation of 30 to 40 feet, the fill structure that is proposed Is not consistent with past Commission actions regarding wetland buffers. As the name implies, buffers are required to place a protective distance between new development and a sensitive wetland. In this instance, the fill slope, in itself a development, is proposed to occur within the buffer. Although the path utiliz.i the fill to reach the cul-de-sac, the Convnissipn would not ordinarily allow such a fill slope for the support of the trail, even if no additional development had been proposed In reliance on the fill. Special Condition Il requires a redesign to, in part, remove the till slope from the buffer area. It would require submittal of revised plans utilizing crib walls, retaining walls, reorientation of the street cul-de-sac or ether means to eliminate the ,ncr.achment Into the buffer area. The special condition, as detailed above, also sects to reduce the encroachment onto .teep Slopes adjacent to the cul-de-sac, to avoid inconsistencies with slope preservation policies. Again, redesign of the western terminus of Fiori Court And Lots 51 and 52 is feasible to achieve a less environmentally damaging design, maximize the distance between the residential development and lagoon resources, and eliminate the proposed encroachment on the adjacent sensitive steep slope area. Given these do special conditions, the Commission finds that the maximum amount of protection of wetland areas has been applied to the site while still allowing reasonable development to occur. Therefore, the Commission finds that the subject proposal, as conditioned, is crecistent with Sections 30231 and 30240 of the Act. 'jfjL' iI• 1 14 -- 2540 a 0 - ----.-------..-..---.-.- ,----... - .- .-.- -..- 2245 ' 0.Tfl Page ii 4. %c4. sTa l. °4.t9L PI4nnj02, Sections 30110(1) and 30111 of the Coastal Act were speciI legitive amendments which required the Corvmhton to adopt and Implement a Local Coastal Program for portions of the City of CrlsDad mu County islands prior to specific stitutory dates. The subject property is located within the jurisdiction of the City of Carlsbad-, Local Coastal Program (LCP) Mello II Segments The project site is subject to three separate land us. designations. The proposed development is consistent with these LCP land use designations and with the LCP ordinances that govern density and character of the site and its surrounding area. the certified LCP does have several unique policies that apply to this specific site. First, at least two thirds of the permitted development shall be clustered on that half of the property located farthest from the lagoon. The subject proposal is consistent with that policy, with 67% of the proposed dwelling units located on the northern half of the property. Second, all existing mature trees must be preserved. While this would not ordinarily be applied to all projects in the coastal tone today in the absence of a specific LCP policy, the existing Eucalyptus groves will be retained. Third, the LCP requires the irrevocable offer to dedicate the trail easement necessary for the shoreline access trail and for necessary parking must be recorded in favor of the City of Carlsbad and the State Coastal Conservancy. Such an irrevocable offer to dedicate has already been required by the City of Carlsbad. Fourth, land divisions are only permitted on parcels bordering the lagoon pursuant to a single planned development permit over the entire original parcel. The base residential density for such developments is set at a maximum of 12 units per acre. the proposed development has been approved under a sSngle application and consists of a gross density of less than two dwellin units per acre. In addition, the hello 11 LCP has specific provisions that have been cited above governing development of steep slopes and protection of wetland resources, The proposd special conditions have been developed to provide consistency with Chapter 3 policies and with the policies of the certified Mello II LCP, Therefore, the Commission finds that the subject dcelopment, as conditioned, is consistent with the policies of the certified L(.P. _9jflQ: Notic.ojç.jptandAckncwledg. The p sit is mot valid and devcopm,nt shall not commence until a copy of the permit, signed by the p.rmittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 4 — 6s-• ( o_ 'a 25x10 0 _______ ;_,,____*._&_.,tt• 2246 -5O•3fl Page I? 2. Lnpi rat ton. if dv,lopment nb not rrvn,nced. the permit will cipire two years Irom the date on whith the Corrinission voted on the application. Development shall be pursued in a diligent manner and comgietd in a reasonable period of time. Application for extension of the permit must 0 be made prior to the expiration date, 3. Compliance. All development must occur in strict compliance with the propos3l as set forth below. Any deviation from the approved plans must be rviawed and approved by the staff and may require Commission approval, 4.Jn pre.tjt1q. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. S. jnjpettion_, The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6, sjJnmenj. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and ConditionsRun with the land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. '(0311R) — S • 25xO 2247 1•• 0 D -.-'-. ,- 4 Ci [EXHIBIT NO. tAAuoN NO. LIRI 1__f1.fd.SII BROCCATO I IL2ia. M&P 4I 1 1• 25 IO 0 0 • • 2248 t .1 SUE OEVELQPMJLML - I it \ -'..----.-.. -- ERBIT NO. c ;$; i; 25xI0i d ••'•i• Li W-j .1 - --- a I fry 0 - ...a 2 &9 \ / nr?1 1f 0 \ (I(T?frr M IL \ I v-.. Welland hounder, of Madded by Accom . M .. :. • bptIU byIstbask N - •1 WErIA4OS iirII•IIi.,i. LIIN (1 1' North L....30 Broccato at RatIq,tos Shori LIR * Wetland Boundary ana EXHIBiT NO.. .3 ATJONNO. 5.47 j_Wf3JhI(l 0 0 25 X 1 13 M~ 0 2250 State of California California Coastal Coveelsilon San Diego DIStrict MEMORAND UM 'f'L%. TO: Commissioners and DATE: 1/30/91 Interested Partj.s fl a L..j FROM: Staff FILE NO: 6-90-311 SUBJECT: Revisions to the Conditions and Findings of Staff Report and Preliminary Recommendation. dated January 17, 1991 The attached Exhibit 14 was inadvertently omitted from the original staff report and preliminary recommendation distributed in the Commissioners' packets. The attached Exhibit #5 has been Submitted by the applicant in response to the preliminary staff recommendation, and represents a revision to the proposed project description. In response to the revised project plan, the staff recommends the following revision to Special Condition 11: I. Revised Plans. Prior to the issuance of the coastal development permit, the applicant still submit revised final site and grading plans In substantial conformance with revised plans attached as Exhibit IS, approved by the City of Carlsbad, and documenting the maximum encroachment into the wetland buffer of the fill slope southerly of the Flori Court cul-de-sac as 30 foot. Encroachment onto the naturally vegetated steep slope areas adjacent to Lots 51 and 52 for the referenced building sites shall be eliminated as indicated in Exhibit IS. The plans shall be submitted to, reviewed and approved in writing by the Executive Director. In addition, staff recommends that the following condition and findings be attached to the staff report: B. Prior to the issuance of the coastal development permit, the applicant shall submit for the review and approval in writing of the Executive Director, a brush management proq... for all residential lots located adjacent to open space areas, approved by the City of Carlsbad Fire and Planning Departments. The plan shall inclu. a site plan showing a one-hundred foot distance beyond 11 planned structures, designating those areas subject to clear-cut vegetatk,. removal for fire protection purposes, and all those areas subject to selecti:- thinning and pruning. Said program shall indicate that no clear-cut vegetation -emoval for brush management purposes shall be permitted within adjacent open space areas. Therefore thi' program shall establish a minimum 30 foot setback for residential structures from open space areas. The approved clearing shall be conducted entirely by 'p Jr U 2500 . 0- 0- 225! .4 toq.snissloners and Interested Parties January 30. l9l Page? manual Means and shall be the absolute minimum for reduction of fire haZards. A greater than 30 foot setback may be required if the fire Dept. Indicates substant 4al clearing is necessary within the 30 ft. to 100 ft. setback area, subject to Executive Director discretion. The requirements of the brush management program shall be recorded as a deed restriction against each lot affected by the brush management program, pursuant to Condition 55 of this permit. 5. esdential Construction. Prior to issuance of the coastal opme develnt permit, the applicant shall record a deed restriction, in a form and content acceptable to the Executive Director, prior to all liens and encumbrances and binding on the applicant and any successors in interest. The restriction in subsection (a) shall be recorded against lots 7 through 10, inclusive, lots 20 through 22, inclusive, lots 30, 31, 36 37, 40, 41 and Dl through 60, inclusive. Subsection (b) applies to all residential lots. The recorded document shall provide the following: a. Suildinq setback and brush management practices on thes# lots are limited, pursuant to Coastal Development Permit No. 6-90-311 on file in the Coastal Commission office. The specific restrictions shall also b' recorded, with exhibits of required setbacks, pursuant to Condition 19 of this permit. 1 b. Building colors and materials are limited to earth tones, Including deep shades of green, brown and grey, with no white or light shades, and no bright tones, except is minor accents, to minimize the residential development's contrast with the surrounding hillsides and open space areas. Staff recommends that Special Condition SO be revised to read at follows: 6.ornia 5lack Tailed Onatcatcher Netting. Prior to the conrencement of gradinT during the California black-tailed gnatcatcher nesting season (March 1 to June I of each year), a qualified wildlife biologist shall conduct survey of the site between March 1 and April 4 and prepare a written report, suitable In form and content to the Executive Cr.ctor in consuication with the Department of fish and Game. Said survey shall consist ot a minimum of three site visits on separate days during the morning hours and shall occur no sooner than three weeks prior to the commencement of grading. Grading shall be prohibited .,tween March 1 and Jane 1 of each year if the survey identifies active nests that would be impacted by said grading. If no active nests are t L - -- .-- 0??~ 0 - --,-.-. 0- 2252 COMMIssioners and interested Parties January 30, 1191 Page 3 id.ntili.d, grading may coer.nre. The written report and anticipated date of commencement of grading shill be submitted to the Executive Director for review and written approval in conultition with the Oeplrtsqn! sf Fish and Gam, prior to the consoencernent of any grading. Staff further r.éonrendn that the following changes be made to the supporting findings. First, the third full paragraph on page S Should be revised to read as follows: Special Condition 0 details the methods for protecting against California black-tailed gnatcatcher impacts. Grading will be prohibited during the species' nesting season in areas where gnatcatcher nesting is found to occur. Nesting gnatcatchers would be Identified through a survey of the site, at a time when nests are likely to be found, prior to the commencement of any grading. If the Executive Director determines, in consultation with the Department of Fish and Game, that active gnatcatcher nests will not be impacted, grading may occur during the gnatcatcher nesting season. Grading shall be prohibited during the period of March 1 to June 1 if active gnatcatcher nests are found on the site. Second, the following paragraphs should be added at the top of page 9: in addition, brush management plans required by local government could have -impacts upon -the steep, —naturally vegetated hillsides that are not portrayed in the submitted tentative map. Special Conditions U and 19 have been formulated specifically to address these concerns. Special Condition ID requires submittal of a brush management program' consistent with "at approved by the City of Carlsbad Fire coo Planning Departments. The plan shall include a site plan showing a one-hundred foot distance beyond all planned Structures, designating those areas subject to clear-cut vegetation removal for fire protection purposes, and all those areas subject to selctiv, thinning and pruning. Said program shall indicate that no r'.rcut vegetation removal for brush management purposes sha'l be permitted within adjacent open space areas; thus, a 30 ft. setback for structures from open space areas shall be required. The approved clearing shall be conducted entirely by manual means -- and shall be the absolute minimum required for reduction of fire haaards. As conditioned, the Commission finds that the project would avoid visual impacts from vegetation clearance -1 H _-- -- ° '32)( i • ____ _ _- ________i) 0 __ () - ----,. -'------- T ------- - 0 0- 2253 Comaissioners and interested Partiev January 30, 1911 Page 4 [J -. and the conditions help the project 10 achieve consistency with LCP and Chapter 3 policies dealing with visual resources and the protection of adjacent environmentally sensitive habitat areas. Additionally, Condition SI requiret that building materials for future residential construction on Lots 12 and 13 should be colors that are responsive and cnmpatible with the surrounding natural hillsides. The requirements described above shall be incorporated Into a deed restriction that will run with the land and serve to notify any future owners of the permit requirements. Therefore, the Commission finds that the subject proposal, as conditioned, is consistent with Section 30240 and 30251 of the Coastal Act. Third, the last paragraph on Page 9 and the first tour paragraphs starting at the top of Page 10 should be deleted and the following paragraphs inserted in their place: At the western end of Flori Court, the cul-de-sac, as revised, no longer extends into the area that would normally be designated as buffer. The revisions to the fill slope that extends in delineated wetland buffer area reduce the encroachment of the toe of the slope to a maximum of 30 feet. Typically, the Comission only permits encroachment into wetland buffer areas for access improvements and fencing. While the fill slope, as revised, does allow for a stairway leading from Fiori Court to the lagoon access pith, the structure is clearly not proposed solely for public access Improvements. While, generally, the Commission is not supportive of grading in wetland buffers, Local Coastal Programs certified more recently than the Hello it t.CP have allowed some form of encroachment into buffer areas, given the concurrence by t Deparment of fish and Game that the encroachment will not result in Impacts to wetland resources. in the case of this particular e5croachvt', the encroachment may be found to be acceptable for the following reasons. First, there are not structural improvements, other than the stairway proposed to be located in the buffer. The cul-de-sac h Seen modified to omit any structural liprovements or right-of-way in the bu(;ur. Additionally, no residential development is located within the buffer. Second, the slope encroachment into the buffer, as proposed, will be subject to a vev'tative enhancement plan that would require the use of native species in the buffer. This would allow for the improvement of the slope as a true transition 0 0 2x1 __-i__TETTTD -. 25 U 0- 2254 IL Comm isston,rs and Interested Pirtiej January 30, 1991 Pig. S zone between upland and wetland, and will be Conducive to the maintenance of habitat values in the lagoon. Third, in the areas surrounding the i'pbl,ct fill slope, the (1.11 100-foot buffer is provided, with additional enhanced slopes located between the upland edge of the buffer and the proposed development. Again, this Is conducive to the maintenance of habitat values through the establishment of a transition zone between wetland/buffer areas and adjacent uplands. Finally, the site plan, as revised, will result in about 16 feet of elevation difference between the too of the slope and the finished elevation of Fiori Court. This topographic difference can compensate, In part, for the reduction in linear distance between the toe of the slope and the wetlands. Additionally, compliance with the 100 foot buffer could be achieved without reconfiguration of the propoted development by the use of in approximately sixteen foot high crib wall instead of the proposed fill slope. In this particular case, due to the visual prominence of the wall, the fill slope is determined to be a less intrusive and less environmentally damaging alternative. For these reasons, the Department of Fish and Game has indicated that the proposed encroachment of the fill slope into the buffer will not have significant Impacts upon lagoon resource values. The Department has specifically stated that an enhanced Fill slope will provide a more desirable transition zone From the developed areas to the wetland than would a crib wall or similar structure. Therefore, although not generally acceptable, the Commission finds that the fill slope, as revised, is consistent with applicable Chapter 3 policies. Special Condition SI requires a submittal of final plans for the revised fill slope approved by the City of Carlsbad, in substantial conformance stn those shown in Exhibit IS, documenting that the encroachment has been reduced to C maximum of 30 feet. The special condition, as detaile aooCe, also seeks to reduce the encroachment onto st...p 5i005 atljncent to the cul-de-sac, to avoid inconsistencies with slope preservation policies. Again, redesign of the western terminus of Fiorl Court md lots 51 and 52 is feasible to achieve a less environmentally damaging des1n, maximize the distance between the residentia development and lagoon resources, and eliminate proposed encroachment on the adjacent sensitive Steep SlOC area. 21 Sam) k 7541 QUALITY ORIGINAL (S) 1) C fl fl `60h (JCLLII ncjrij -16 rp k -------- 'EL t?3i.I !$• iL 25 )10 0 * I I I I P • ML*,, z257 . n ORDER NO. 558020-12 LEGAL. DESCRIPTION THE LAND REFERREO TO HEREIN II SITUATED IN THE STATE 0? CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL As THAT PORTION OF LOTS 11 AND 12 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARt.SPD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAl. PLAT THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 331 THENCE ALONG THE WEST LINE OF SAID QUARTER-QUARTER SECTION SOUTH 04506N EAST, 717.64 FEET (RECORD OF SURVEY NO. 6295 • SOUTH 1 1200 42 EAST, 711.13 FEET) TO THE NORTHWEST CORNER OF SAID LOT 31 AND THE TRUE POINT 0? BEGINMIXQs THENCE LEAVING SAID WEST LINE ALONG THE NORTHEASTERLY BOUNDARY OF SAID LOT 11, THE FOLLOWING COURSES SOUTH 89'05 0 14' EAST, 221.10 FEET (RECORD OF SURVEY MO. 8296 - SYI1( 40 1 40 1 444 EAST, 235.23 PUT) MO SOUTH 32I 0 15" EAST, 235.26 FEET TO THE NORTHEASTERLY CORNER OF -LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JULY 13, 3971 Al FILE NO, 71-292074 OF OFFICIAL RECORDS$ THENCE LEAVING THE BOUNDARY OF SAID LOT 11 ALONG THE NORTHERLY LINE OF SAID STATE LAND NORTH 19'10'56" WEST (DEED - NORTH 89'12 1 13 WEST) 119.72 FEET: THENCE LEAVING SAID STATE LAND NORTH 37'31'25 WEST, 149.14 FEET TO THE BF'XNKIHG 0? A TANGENT 450.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY: THENCE NORTHWESTERLY ALONG TIlE ARC OP SAID CURVE THROUGH A CENTRAL ANGLE Of 45'5157, A DISTANCE OF 360.23 PUT TO A POINT OF COMPOUND CURVATURE WITH AN 800-00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 436 1 I$ EAST: THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE MC OF SAID 800.00 700? RADIUS CURVE THROUGH A CENTRAL MOLE OF 27'21 0030, A DISTANCE 07 381.89 FEET 10 A POINT COMMON TO THE NORTHEASTERLY LINE OF MISCELLANEOUS SURVEY NO. 637 (INTERSTATE 5) AND THE NORTHWESTERLY BOUNDARY OF SAID LOT 12, A RADIAL LINE TO SA) POINT BEARS NORTH 20'44'25" WEST: THENCE LEAVING THE ARC OF SAID CURVE ALONG THE BOUNDARY OF SATfl LOT 12, THE FOLLOWING COURSES NORTH 33'07 0 12" EAST, 234.45 FEET AND SOUTH 69*05'16 0 EAST, 454.4$ FE!? TO THE POINT 0? BEGINNING. 0 0•' : I .0 25xIC (D;?- 0 - IMIIlIT (:-I H N 2258 3.,," 2 nt 4 ORDER NO. 916020-12 1I [1 PARCEL B: LOT 1 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WISP, SAN bERNARDINO MERIDIAN, IN THE CITY OF CARLSSPID, COUNTY OF SAM DIEGO, STATE or CALIFORNIA, ACCORDING TO OFFICIAL. PEAT THEREOF. ALSO THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAM BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY 0? SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PEA? THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 263 THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER NORTH 0'12 0 25 WEST, 746.00 FEETt THENCE SOUTH 59'47 1 35 WEST, 334.09 FEET: THENCE NORTH 43'15 125" WEST, 205.17 FEET; THENCE SOUTH 19 1 47 1 35" WEST, 473.16 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN DEED TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOM 157, PAGE 493 OF DEEDS: THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND SOUTH 23'47 1 15" EAST (RECORD MAGNETIC SEARING SOUTH 3$'20' EAST) 140.56 FEET TO AN ANGLE POINT: THENCE ALONG SAID EASTERLY LINE SOUTH 1722 1 154 EAST, 477.94 FEET (RECORD SOUTH 3155000 EAST, 453*9 FEET) AND THENCE SOUTH 1$25'45" WEST, 322.56 FEET (RECORD SOUTH 03'46'00" WEST, 326.50 FEET) TO THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER: THENCE ALONG SAID SOUTHERLY LINE SOUTH 89'54'14" EAST, 855.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS DESIGNATED BY THE CALIFORNIA STATE HIGHWAY DEPARTMENT FOR FREEWAY AND SERVICE-ROAD PURPOSES, LEGALLY DESCRIBED BELOW AS PARCEL 1 AND PARCEL 2A, RESPECTIVELY. AND THAT PORTION OF SAID LOT 1 THAT LIES WESTERLY OF SAID PARCEL 1. PARCEL 13 BEGINNING AT THE NORTH QUARTER'CORNER or SAID SECTION 33: THENCE ALONG THE NORTH LINE OF SA1' SECTION 33, SOUTH 8911'06" EAST, 263.61 FEET TO A LINE BEARING NORTH 3246 1 41" WEST, FROM A POINT BEING AT COORDINATES Y-339,009.75 AND X-1.671,698.92 FEET: THENCE ALONG SAID LINE SOUTH 3246'41 EAST, 561.91 FEET TO L"T SAID POINT: THENCE SOUTH 36'16'49" EAST, 353.55 FEET: THENCE SOUTH 2527 1 53" EAST, 11.15 FEET TO THE .OU'rHEASTERLY LINE OF SAID LOT It THENCE ALONG LAST SAID LOT LINE AND ALSO THE 4OUTHEASTERLY LINE OF SAID LOT 4, SOUTH 3309'27" WEST, 817.12 FEET TO A LINE BEARING SOUTH 31.0045N EAST air III Ii ---- ..-._ .--- (o j) 25x1t I---------5Zfl •j.fl. -I' 6 of II I.X UBIT c-i LII 0 t * 2259 PM4. I fir ORDER NO. 9$6020-12 FROM A POINT BEING AT COORDINATES Y-33$,2$7.45 FEE? AND X-1,677,302.$3 FEET: THENCE ALONG LAST SAID LINE NORTH 3100'43 WEST, 381.54 FEET TO LAST SAID POINT: THENCE NORTH 210411001 457.06 FEET: THENCE NORTH 2507 1 11 WEST, 43.40 PERt TO THE WESTERLY fl LINE or SAID LOT ), THENCE ALONG SAID LOT LINE NORTH 0'54 0 54" WEST, 724.72 FEET TO THE POINT OF BEGINNING. PARCEL 2A: A STRIP OF LAND 60 PEE? WIDE, THE CENTER LINE OF SAID GO TOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING IN THE WEST LINE OF THE EAST HALF OF SECTION 28, TCWWSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO EASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926,32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER 0? THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES Y-342,771.44 FEE? AND X-1,877,15$.09 FEET: THENCE ALONG SAID EAST LINE SOUTH 028'30" WEST, 743.06 FEET: THENCE ALONG A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 10,000 FEET THROUGH AN ANGLE OF 21'25 1 27", A DISTANCE 0? 373.92 FEET: THENCE TANGENT TO LAST SAID CURVE SOUTH 2056 1 57" EAST, 3068.43 FEET TO A POINT DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST: THENCE PARALLEL TO SAID LOT LINE NORTH 69'05'40H WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 80'0$'25" EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE 0? SAID LOT 1, LAST SAID ANGLE POINT BEING THE WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 6958 1 02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY. - PARCEL C: ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARlSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING NORTHERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHEASTERLY LURNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2$: THENCE ALONG THE EAST LINE OF SAID SOUIHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 0 12'25" WEST, 746.00 FEET TO THE TRUE POINT OF BEGINNING OF THE n&'REIN DESCRIBED LINE: THENCE SOUTH $9'47 1 35" WEST, 334.09 FEET: THENCE NORTH 43 1 15 1 25" WEST, a05,17 FEET: THENCE SOUTH 1947 135" WEST, 475.16 FEET, MORE OR LESS, TO THE £A6.ERLY LINE OF THAT LAND DESCRIBED IN : iiIIL_I1T) IO - -- - D12* t . ,r. '-.--.-.---.'--'-- pai. I of J2" FOOT BUFFER PORTIONS OF LOTS 1 AND 12 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARUINO MERIDIAN, IN THE CITY OF CABLSBA, .OUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL FLAT THEREOF, -I LYING 100.00 FEET NORTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF MAP 7996 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED AUGUST 5, 1974 IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT ALSO BEING THE NORTHERLY TERMINUS OF THAT CERTAIN LINE DESCRIBED AS 'NORTH 32° 45' 27" WEST,561.78 FEET" ON RECORD OF SURVEY 12541 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED FEBRUARY 15, 1990 IN THE OFFICE OF SAID COUNTY RECORDER; THENCE SOUTHERLY ALONG SAID LINE, SOUTH 32° 45' 27" EAST (SOUTH 426 46' 41" EAST PER MS 637 ON FILE IN THE COUNTY OF SAN DIEGO), 484.78 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE LEAVING SAID LINE NORTH 33' 26' 33' EAST, 77.66 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17° 00 14", AN ARC DISTANCE OF 44.52 FEET; TIENCE LEAVING SAID CURVE TANGENTIALLY, NORTH 50' 26' 47" EAST, 33.4u FEET TO' THE BEGINNING OF A TANGENT 70.00 FOOT RADIUS CURVE CONCAVE $OTHERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83' 34' 00", AN ARC DISTANCE OF L.2.10 FEET; THENCE 0 25x10 IXUIRIT C-I 2262 Page 2-of Ic LEAVING SAID CURVE TANGENTIALLY, SOUTH 45' 59' 13' EAST, 23.48 FEE? TO THE BEGINNING OF A TANGENT 60.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL MG'! OF 63° 01' 31', AN ARC DISTANCE OF 66.00 FEET TO A POINT OF REVERSE CURVATURE WITH . 50.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 92' 49' 09', AN ARC DISTANCE OF 81.00 FEET; THENCE ALONG A TANGENT LINE TO SAID CURVE SOUTH 75 0 46' 51' EAST, 13.96 FEET TO THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 98' 37' On', AN ARC DISTANCE OF 53.64 FEET; TRENCH LEAVING SAID CURVE TANGENTIALLY, SOUTH 22' 50' 09" WEST, 26.49 FEET TO THE BEGINNING OF A TANGENT 80.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 71 0 15' 42', AN ARC DISTANCE 0? 99.50 FEET TO A POINT OF REVERSE CURVATURE WITH A 100.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 31' 30' 46", AN ARC DISTANCE OF 55.00 FEET TO A POINT OF REVERSE CURVATURE WITH AN 80.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90 0 57' 25", AN ARC DISTANCE OF 127.00 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY, NORTH 72° 07' 48' EAST, 26.12 FEET TO THE BEGINNING OF A TANGENT 90.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 35' 34' 44", AN ?.RC DISTANCE OF 55.89 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY, SOUTH 72 0 17' 28' EAST, 49.84 FEET, MORE OR LESS, TO THE SOUTHERLY GHT-OF- WAY tjINE OF BATIQUTTOE DRIVE, THE CENTERLINE OF WHICH IS DESCRIBED 1 II I I 8 25x10 . . EXHIBIT c-I 2263 Pane 1 of 6 laow'; AS THE CENTERLINE OF PARCEL 2A IN A FINAL ORDER OF CONDEMNATION RECORDED AS FILE/PAGE 89573, ON MAY 22, 1963; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WA? LINE, SOUTH 69' 1' 12'. 2 EAST (SOUTH 69' 05' 40" EAST PER MS 637 ON FILE IN THE COUNTY OF SAN DIEGO), 70.48 FEET TO THE BEGINNING OF A TANCENT 70.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 21 0 04' 39", AN ARC DISTANCE OF 25.75 FEET; THENCE LEAVING SAID CWt.'S TANGENTIALLY, SOUTH 48' 3' 33" EAST, 25.51 FEET TO THE BEGINNING OF A TANGENT 70.00 700? RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL MOLE OF 20 0 53' 43", AN ARC DISTANCE OF 25.53 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY, SOUTH 69 04' 16" EAST, 31.27 FEET TO THE BEGINNING OF A TANGENT 70.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE 07 22' 24' 31", AN ARC DISTANCE OF 27.38 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY, SOUTH 46' 39' 45" EAST, 20.06 FEET TO THE BEGINNING OF A TANGENT 70.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 21' 42' 36", AN ARC DISTANCE OF 26.52 FEET, MORE OR LESS, TO A POINT ON A TANGENT 450.00 700? RADIUS CURVE, CONCAVE SOUTHERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF Be 59' 27" AN ARC DISTANCE OF 70.61 FEET, MORE OR LESS, TO THE INTERSECTION OF SAID 450.00 FOOT RADIUS CURVE WITH THE WESTERLY LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33. o n flw* 'ff At 0 ' •-ir L' ____0 25x10 P1 - -. --- ---.---.-, EXHIBIT CI 2264 flaxe 4 of 6 - EXCEPTING THEREFROM THAT PORTION OF HATIQUITOS DRIVE AS DESCRIBED I IN SAID FINAL ORDER OF CONDEMNATION. THE NORTHERLY AND EASTERLY LINE OF S.ID PARCEL BEING LENGTHENED OR FORESHORTENED SO AS TO TERMINATE TO THE WEST AT THE EASTERLY LINE OF THAT LAND DESCRIBED AS PARCEL 1 IN A FINAL ORDER OF CONDEMNATION DOCUMENT, RECORDED ON MAY 22, 1963 AS PILE/PAGE 89573, AND TO THE EAST AT THE WEST LINE OF SAID NORTHEAST QUARTER OF SAID NORTHEAST QUARTER 0? SAID SECTXON'33; SAID SIDELINES SMALL ALSO TERMINATE AT SAID EASTERLY AND WESTERLY RIGHT-OF-WAY LINES OF BATIQUITOS DRIVE AS DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION. / %ZT\ ( No 4 ' k 1*1 7 2f ZZ i t. I 0' - 25x10 xl O TmU IN c / ; l , 7 it -' JAI • L ,1! k4A!L1it4d4 _____________ -. 0 25 I • • Jtt c ra 06 Ho.32O.$ ..' \LrM 1?.1I42j.. jc DAY CN$ULTANTS. . mlo CARLSBAD TRACT 89-19 INDEX MAP 0 I , ' x r.--.-- Cl MAP NO. _____ 0 PARe I of t0P49 2267 PORTIONS OF LOTS 1. AND 12 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN DERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF: COMMENCING AT THE SOUTHWEST CORNER OF MAP 7996, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED AUGUST 5, 1974 IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT ALSO BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS • "NORTH 32' 45' 27" WEST 561.76 FEET" ON RECORD OP SURVEY 12541, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED FEBRUARY 15, 1990 IN THE THE OFFICE OF SAID COUNT? RECORDER; THENCE SOUTHERLY ALONG SAID LINE, SOUTH 32' 45' 37" EAST, 233.15 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE LEAVING SAID LINE NORTH 73' 22' 07" EAST, 143.06 FEET: THENCE SOUTH 67' 42' 52" EAST, 32.96 FEET: THENCE NORTH 87' 39' 57" EAST, 113.46 FEET TO A POINT ON A 45.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 38' 46' 29" WEST; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 72' 13' 00", AN ARC LENGTH OF 56.72 FEET; THENCE LEAVING SAID CURVE ALONG A TANGENT LINE k*uRTH 56' 33' 29" EAST, 32.00 FEET: THENCE SOUTH 47' 25' 11' EAST, 124.95 FEET; TBENCr SOUTH 20' 57' 18" EAST, 142.R7 FEET: THENCE SOUTH 62' 24' 21" LAST, 19.56 FEET; THENCE SOUTH 44 36' .5" EAST, 40.99 FEET; THENCE SOUTH 15' 05' 02" EAST, 9.74 FEET: THENCE SOUTH 14' 14' 56" EAST, 34.29 FEET; THENCE SOUTH 5 54' 45" EAST, 20.97 FEET; THENCE SOUTH 7' 22' 22" WEST, ii 0 EXHUIIT C2 2268 Pm 2 ' 19.02 FEET; THENCE SUTH 9' 51' 55" WEST, 21.91 FEET: THENCE SOUTH 4' 11' 13" EAST, 10.18 FEET; THENCE SOUTH 19 1 49' 19" EAST, 22.46 FEET: THENCE SOUTH 46 EAST, 17.40 FEET; NORTH $4 1 18' 23" EAST, 38.36 FEET: THEN! SOUTH 861 16' 50" EAST, 1$.09 FEET: THENCE NORTH 85 44' 15" EAST, 72.54 FEET, MORE OR LESS, TO THE WESTERLY RIGHT-OF-WAY LINE OF BATIQUITOS DRIVE, THE CENTER LINE OF WHICH IS DESCRIBED AS THE CENTERLINE OF PARCEL 2A IN A FINAL ORDER OF CONDEMNATION, RECORDED MAY 22 1963 AS FILE/PAGE 89573: THENCE ALONG SAID RIGHT-OF-WAY LINE, SOUTH 20' 57' 18" EAST (SOUTH 20' 56' 57" EAST PER M.S. 637 ON FILE IN THE COUNTY OF SAN DIEGO), 118.84 FEET1 NORTH 69 1 15' 12" WEST, 33.09 FEET (NORTH 69' 05' 40" WEST, 32.85 FEET PER SAID M.S. 637); THENCE SOUTH 20' 44' 48" WEST, 60.00 FEET (SOUTH 20' 54' 20" WEST, 60.00 FEET PER SAID M. S. 637): THENCE LEAVING SAID RIGHT-OF-WAY LINE NORTH 72' 3.7' 28" WEST, 49.84 FEET TO A POINT AT THE BEGINNING OF A TANGENT 90.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35 34' 44", AN ARC DISTANCE OF t5,$9 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY SOUTH 72' 07' 48" WEST, 26.12 FEET TO THE BEGINNING OF A TANGENT 80.00 FOOT RADIUS CURVEr CONCAVE NORTHEASTERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90' 57' 25", AN ARC DISTANCE OF 127.00 FEET TO A POINT OF REVERSE CURVATURE WITH A 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE TVEOUGH A • CENTRAL ANGLE OF 31' 30' 46", AN ARC DISTANCE OF 55.00 FEET TO A POINT OF REVERSE CURVATURE WITH AN 80.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE ""ROUGH A CENTRAL ANGLE OF 71' 1 42", AN ARC DISTANCE OF 99.50 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY, NORTH 22' 50' 09" EAST, 26.49 FEET TO THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE, CONCAVE A A t~) * - (o 25xID • -.-.- -- .- ,-,'- -Th 0 0 - •F.XlllhtT C-2 Paige 3 of 5 - SOUTHWESTERLY: THENCE NORTHERLY ALONG SAID CURV,ac&OUGfl A CENTRAL ANGLE OF 98' 37' 00", AN ARC DISTANCE OF 51.64 FEET: THENCE LEAVING SAID CURVE TANGENTIALLY NORTH 75' 46' 51" WEST, 13.9' 1 .ET TO THE BEGINNING OF A 50.00 FOOT RAD13S CURVE, CONCAVE NORTHEASTERLY: THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF fl•' U 92' 49' 09", AN ARC DISTANCE OF 81.00 FEET TO A POINT OF REVERSE CURVATURE WITH A 60.00 FOOT RADIUS CURVE, CONCAVE WESTHRLY: THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 63 • 01' 31", AN ARC DISTANCE OF 66.00 FEET: THENCE LEAVING SAID CURVE TANGENTIALLY NORTH 45' 59' 13" WEST, 23.48 FEET TO THE BEGINNING OF A TANGENT 70.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY: THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83 • 34' 009, AN ARC DISTANCE OF 102.10 FEET: THENCE LEAVING SAID CURVE TANGENTIALLY SOUTH 50' 26' 47" WEST, 33.40 FEET TO THE BEGINNING OF A TANGENT 150 .00 FOOT RADIUS CURVE, CON AVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 17 • 00' 14", AN ARC DISTANCE OF 44.52 FEET, THENCE LEAVING SAID CURVE TANGENTIALLY SOUTH 31 26' 33" WEST, 77.66 FEET, MORE OF LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED AS PARCEL 3. IN A FINAL ORDER OF CONDEMNATION DOCUMENT, RECORDED MAY 22, 1963 AS FILE/PAGE 89573: THENCE NORTH ALONG SAID LINE NORTH 32' 45' 27" WEST (NCRTH 32 46' 41" PER SAID M.S. 637) 251.63 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. AREA - 134,436.83 S.F. (3.086 AC) KUM I * EXP!12.31.9! *1 J. dy7I 9 9/ OF Q t 250131. - • • • -..- - C4~) a 1' Vfl •3 . 0 I MAP NO._________ CARLSBAD TRACT 89—I9 INDEX MAP VViJWR. QD AV — —. I v_A,-i WOO cCI6ULT.NT3. DC. •- of I = -3 0 t%) . :' . .t-..4.AMr ,$•bt. 17 - -- -. - 1) - - 'I I 0 - EXHIBIT C-2 2271 Page 5 o 03 Orrea 44 4t &4 EL' ' III Ii FS 0 0 -' __- .• Page i of 4 - 2272 LOT 50 A PORTION OF 1.01' 1 OF SECTION 33 • TOWNSHIP 12 SOUTH, RANGE 4 WEST, 0 SAN BERNARDINO MERIDIAN, AND A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF MAP 7996, IN THE CITY OF * CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED AUGUST 5, 1974 IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT ALSO BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE DFSCRIBED AS • "NORTH 32' 45' 27" WEST 561.78 FEET" ON RECORD OF SURVEY 12541, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED FEBRUARY 15, 1990 IN THE OFFICE OF SAID COUNTY RECORDER; SAID POINT ALSO BEING A POINT ON THE NORTHERLY LINE OF SAID SECTION 33, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL THENCE EASTERLY ALONG SAID NORTHERLY LINE, SOUTH 89 11' 08" EAST, 238.90 FEET (SOUTH 89' 11' 06" EAST 238.82 FEET PER M.S. 637 ON FILE IN THE COUNTY OF SAN DI;:3): THENCE LEAVING SAID NORTHERLY LINE NORTH 19 08' 28" EAST, 322.51 FEET (NORTH 19' ...' 23" EAST 322.53 FEET PER SATO X.S. 637): THENCE NORTH 16' 30' 34" WEST • (NORTH 16' 31' 30" WEST PER SAID M.S. 637), 179.00 FEET; THENCE NORTH 64' 05' 45" EAST, 87.36 FEET; THENCE SOUTH 1' $7' 25" WEST, t: • . o .---*-. EXHTBIT C-3 page 2 of 4 2273 24.82 rsrr, THENCE SOUTH 5' 13' 52" WEST, 55.52 FEET: THENCE SOUTH 5• 431 110 EAST, 41.84 FEET: THENCE SOUTH 68 04' 2P" ZASF, 41.37 FEET: THENCE SOUTH 11' 46' 38" EAST, 76.76 FEET; THENCE SOUTH 4' D 22' 46" WEST, 34.79 FEETt THENCE SOUTH 40' 32' 44" WEST, 71.49 FEET: THENCE SOUTH 23' 16' 13" EAST, 94.00 FEET; THENCE SOUTH 44' 16' 53" EAST, 38.00 FEET; THENCE SOUTH 15' 20' 57" EAST, 67.93 FEET: THENCE SOUTH 81' 13' 37" WEST, 139.48 FEET; THENCE SOUTH 47' 45' 49" WEST, 29.01 FEET: THENCE SOUTH 18 30' 06" WEST, 40.00 FEET; THENCE SOUTH 28' 09' 31" WEST 25.23 FEET THENCE SOUTH 11 08' 45" WEST, 50.01 PERT; THENCE SOUTH 15' 56' 43" WEST, 36.40 FEET: THENCE SOUTH 73' 22' 07" WEST, 143.06 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT CERTAIN PROPERTY DESCRIBED AS PARCEL 1 IN A FINAL ORDER OF CONDEMNATION RECORDED AS FILE/PAGE 89573, ON MAY 22, 1963$ THENCE NORTHEASTERLY ALONG SAID EASTERLY LINE, NORTH 32' 45' 27" WEST (NORTH 32' 46' 41" WEST PER SAID M.S. 637), 233.15 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. AREA - 87,909.46 S.F (2.018 AC) I 1' d2 FESSR 4 Of CAUt o;o.t _ • • : IJITI 01 T MAP NO. OF CARLSBAD TRACT 89-19 1, IDEX MAP 0 aw S I - ---- I - - &45E1.*vr tr • /.S Cfl S-OW.O, "' ...: r*rir - - 1 FIN 1 - tJ - Ja (4 flnrr, - n4r - tIm. fln,flrg U 0 I •1 MAP NO. CARLSBAD TRACT 89-19 ShEET II OF 16 scm -. . t4 1/•AvTt a a.Iaa' m. saenmfl a.9ta'fl -... X / Jfta• -/• N '•I/ - / ----/DiCP--- --- * * 2 At vim lb a 'S O•OAY Ct JLTA!, INC. J t — - ___- -_.•t_—.--1 0 2276 I of • LOTSI . A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER 0? SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO 0 ° MERIDIAN, IN THE CITY 01F CARLSBAD, COUNTY OF SAN DIEGO, STATE 0?' CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS I COHEENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER OF SAID SECTION 28; THENCE WEST ALONG THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER NORTH 89' 08' 38" WEST,, 1153.98 FEET (NORTH 890 52' 53" WEST, 1154.53 FEET PER R.O.S. 1676 IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED NOVEMBER 26, 1947 IN THE OFFICE OF SAID COUNTY RECORDER) TO THE TRUE POINT OF BEGINNING OF THE HEREIN IESCRIBED PARCEL I THENCE ALONr, SAID LINE SOUTH 89" 08' 33" EAST, 140.93 FRET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 20" 57' 18" EAST, 41.19 FEET TO THE BEGINNING OF A TANGENT 712.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10' 32 03", AN ARC DISTANCE OF 130.91 FEET, MORE OR LESS, TO THE WESTERLY RIGHT-OF-WAY LINE OF BATIQUITOS DRIVE, THE CENTERLINE OF WHICH IS DESCRIBED AS THE CENTERLINE OF PARCEL 2A IN A FINAL ORDER OF CONDEMNATIOn RECORDED MAY 22, 1963 AS FILE/PAGE 89573; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY LINT 0OUTH 200 57' 18" EAST (SOUTH 20° 56' 57" EAST PER M.S. 637 ON FILE IN THE COUNTY OF SAN DIEGO) 396.14 FEET TZ A POINT ON A 288.00 FOOT RADIUS CURVE, -4-.. 000- Pnte 2 of CONCAVE EASTERLY, A RADIAL TO SAID POINT BEARS NORTH 81' 17' 52° WEST; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CT FRAL ANGLE OF 380 11' 37", AN ARC DISTANCE OF 191.98 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY, SOUTH 29' 29' 29° EAST, 135.40 FEET; THENCE SOUTH 64' 05' 45 WEST, 126.98 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DEEDED TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN DOOR 157, PAGE 493 OF DEEDS; THENCE NORTHERLY ALONG SAID EASTERLY LINE, NORTH 16' 30' 34° WEST (NORTH 16' 31' 30' WEST PER SAID M.S. 637), 302.62 FEET; THENCE NORTH 23' 11' 41 WEST, 648.75 FEET (NORTH 23' 43' 45" WEST, 652.18 FEET PER R.O.S. 682 IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED JULY 28, 1938 IN THE OFFICE OF SAID COUNTY RECORDER), MORE OR LESS, TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. AREA - 108,441.82 S.F. (2.490 AC) ,is,o ' (49r \ (( No. 3.1014 ExPi2.3 OF C Lit ii C • . --,- , 25 xI0 0 X11I81T C-4 2277 ---p jo N JI x / C '.. ) CARLSBAD TRACT 69-19 INDEX MAP MAY NU.________ 5ET 5 OF 14 SHEM. 3314 OF 07 \FxF 1z3l-ZJ*1 Ztf/ CISULTM4T 1NC •- di 0 0 MAP NO._______ CARLSBAD TRACT 89-19 OF/S TS £45(AttVP 40745 a.ea.(asa.rn,n .t .nn etetad .-ea*..a'a. arra. ,e(I ea.. t4 -- - ° AZM ' — n— -- - — *'flSSSV4SP Sat* *nj4 a 5.— as., C*ee fltt -.----- .- o nt ' nns at e *S~Zf a. at ( - I •'tt '9 6S0. (n5&4vr M,rJ5 I€wr) FN$AC Watea. at J t5n.ar54Y a.a.c.. n,. . .a n,.. a-.n,nat a. Let met a,.s an- ear'i•.n-, — ri fl4r,rQ — na (4 aJflflrr — as — lg flr,flre — o'DAY CnNS'JLTAIaS INC. JN t14C04 rn \ vim 0 2280 P.ge1of4 fl *1 il A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAM DIEGO, STATE OF CALIFORNIA ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOW8t COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER OF SAID SECTION 28; THENCE WEST ALONG THE NORTHERLY LINE OF SAID QUARTER—QUARTER SECTION, NORTH 89' 08' 38. WEST, 935.50 FEET, MORE OR LESS, TO THE EASTERLY RIGHT-OF—WAY LINE OF BATIQUITOS DRIVE, THE CENTERLINE OF WHICH IS DESCRIBED AS THE CENTERLINE OF PARCEL 2A IN A FINAL ORDER OF CONDEMNATION RECORDED MAY 22, 1963 AS FILE NO. 89573; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT—OF—WAY LINE, SOUTH 20' 57' 18' EAST (SOUTH 20' 56' 57" EAST PER MS 637 ON FILE IN THE COUNTY OF SAN DIEGO), 324.38 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCELs SAID POINT ALSO BEING ON A 712.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 43' 03' 21' WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6' 27' 47', AN ARC DISTANCE " 80.31 FEET TO A POINT OF REVERSE CURVATURE WITH A 25.00 FOOT RADIUS CURVE, CONCAVE W"TERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 75' 54' 57, AN ARC DISTANCE OF 33.t2 FEET; THENCE LEAVING SAID CURVE --. JT 25>101 0 0 EXUISIT C-S 2281 Pmar2 of TANGENTIALLY SOUTH 22 0 30' 31' WEST, 52.68 FEET, MORE OR LESS, TO SAID EASTERLY RIGHT-OF-WAY LINE OF BATIQUXTOS DRIVE; HENCE NORTHERLY ALONG SAID RIGHT-OF-WAY LINE NORTH 20' 57' 18 WEST D (NORTH 20° 56' 57° WEST PER SAID MS 637), 138.50 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. AREA - 3270.26 SF (0.075 AC) 1%OfUSIO4, N& 32M4 * XP. 125I42 * S /2 7 c/297 Z9/ NAM I - 0 t.. 25xUO I CARLSBAD TRACT 89-19 UIDEX MAP -3 0 i o Ii MAP NO._________ 9ET S 'H 331F . i . 0• OA SULTNT 7 . x - \) 0 0 - FXIII8IT c- 2ZB LO r.zkli"~ Fl Fl 0) CO F- a:? 03 4 a: 4 0 II I C 25xIO I 0 Page 1or4 2284 LOT 77 A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECI'IO1 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERiDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER OF SAID SECTION 23: THENCE WEST ALONG THE NORTHERLY LINE OF SAID QUARTER—QUARTER SECTION, NORTH 89' 08' 38" WEST 922.58 FEET TO THE TRUE POINT OP BEGINNING OF THE HEREIN DESCRIBED PARCEL: Wa THENCE ALONG SAID LINE SOUTH 89 08' 38" EAST, 516.17 FEET: THENCE SOUTH ii' 52' 04" WEST, 111.21 FEET: THENCE SOUTH 5 34' 20" EAST, 44.14 FEET: THENCE SOUTH 23' 53' 24" WEST, 18.25 FEET; THENCE SOUTh 0' 59' 26" EAST, 40.81 FEET: THENCE SOUTH 23 58' 38" WEST, 30.37 FEET: THENCE SOUTH 23 10' 22" EAST, 43.11 FEET: THENCE SOUTH 5' 12' 12" WEST, 116.89 FEET TO A POINT ON A 628.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 9 33' 40" WEST: THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6' 27' 23", AN ARC DISTANCE OF 70.78 FEET: THENCE LEAVING SAID CURVE NORTH S 32' 48" EAST, 20.23 FEET: THENCE NORTH 11' 43' 17" WEST, 40.34 FEET: THENCE NORTH 64' 46' 15' WEST, 43.96 FEET: THENCE NORTH 17' 37' 36" WEST, 37.07 FEET; THENCE NORTH 27' 17' 41" EAST, 41.24 FEETt THENCE NORTH 8' 13' 27" WEST, 29.38 FEET: TIENCE 25 x 113 1 0 0 . •-;-•-.. ... - 2285 Post E1(11:8tT C-6 NORTH 66 30' 33" WEST, 79.28 FEEt: TRENCH WORTH $0' 47' 11" WEST, • 96.53 FEET: THENCE NORTH 74' 03' 00" WEST, 43.83 FEET: THENCE SOUT3 59' 55' 37" WEST, 12.66 FEEt: THENCE SOUTH 21' 42' 52" WEST, 32.8 FEET: THENCE SOUTH 3 04' 24" EAST, 40.20 FEET TO L POINT ON 0 428.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAX POINT BEARS SOUTH 45 14' 21" WEST: THENCE NORTHWESTERLY ALONG SAX CURVE THROUGH A CENTRAL ANGLE OF 23 48' 21", AN ARC DISTANCE C 260.93 FEET: THENCE LEAVING SAID CURVE TANGENTIALLY NORTH 20 E 13" WEST, 7.57 PEEP, MORE OR LESS, TO THE TRUE POINT 0? DEGINWI) OF THE HEREIN DESCRIBED PARCEL. AREA - 101,102.69 S.F. (2.321 AC) 61 -i 0 j2I 0 II L MAP NO. CARLSBAD TRACT 89-19 5 C$ 16 SIUM INOEXMW • \: • • \J/z: \7 \4 • a • * \ irn if-y1-flJ*J • • w o' NYCN$L1.N3 0 I 'C 0 = • I - -- .1 • •--- -• C t . 0 :4 0 - - --.----— F.XHIKIT C6 - - - l'.sge 4")f 4 2287 d.Q*Vfl J t D=! it I . CO cc U, —J We I at ; 2I [!] 0 25 0 - -. •.,. o • , - page Iof4 • fJJf,• 2288 LOT 78 A PORTION OF THE SOUTHWEST QUARTER or THE SOUTHEAST QUARTER U? SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO. 0 MERIDIAN, IN THE CITY or CARLSBAD, COUNTY or SAN DIEGO, STATE or • CALIFORNIA, ACCORDING TO THE OFFICIAl. PLAT THEREOF, 110111 PARTICULARLY DESCRIBED AS FOLLOWS, CONNENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF 8A..i) SOUTHEAST QUARTER OF SAID SECTION 28; THENCE NORTH ALONG THE WESTERLY LINE OF SAID SOUTHEAST QUARTER-QUARTER SECTION, NORTH 0 30' 39' EAST, (NORTH 0' 30' 45' EAST PER R.O.S. 10174 IN THE CITY OF CARLSBAD, COUNTY OF SAD DIEGO, STATE OF CALIFORNIA, RECORDED OCTOBER .30, 1986 IN THE OFFICE OF SAID COUNTY RECORDER) 311.49 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCELS THENCE LEAVING SAID WESTERLY LINE, NORTH 89' 29' 21' WEST, 171.33 FEET; THENCE NORTH 90 02' 41' EAST, 37.00 FEET; THENCE NORTH 11' 41' 24' WEST, 79.20 FEET; THENCE NORTH 25' 09' 45' WEST, 121.44 FEET; THENCE NORTH 49' 19' 24' EAST, 62.32 FEET; THENCE NORTh 27' 54' 39' EAST, 39.26 FP-ET; THENCE NORTH 3' 23' 34' EAST, 93.3 FEET; THENCE NORTH 19' 15' 46' WEST, 63.12 FEET; THENCE NORTH 60 38' 32' WEST, 77.70 FEET; THENCE NORTH 25' 48' 47' WEST, 82.76 FEET; THENCE NORTH 87' 30' 31' EAST, 2.76 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; ..'HENCE EASTERLY ALONG SAID CURvjb THROUGH A CENTRAL ANGLE OF 13' 22' 08', AN ARC DISTANCE 0? 33.00 FEET TO A POINT OF REVERSE CURVATURE WITH A 90.00 FOOT L. * 0 H U I ; 18- S 0• 0- V Pate 2 't• EXHIBIT c-i 2289 RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22' 16' 4, AN ANC DISTANCE OF 35.00 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY, NOR TH 780 35' 45' EAST, 23.27 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS V CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH 0 " A CENTRAL ANGLE OF 8' 54' 46', All ABC DISTANCE OF 23.33 PENT; THENCE LEAVING SAID CURVE TANGENTIALLY, NORTH 87' 30' 31' EAST, 170.30 FEET, MORE OR LES8,TO SAID WESTERLY LINE OF SAID SOUTHEAST QUARTER-QUARTER SECTION ol SAID SECTION 28; THENCE SOUTH ALONG SAID WESTERLY LINE, SOUTH 0' 30' 39' WEST (SOUTH 0 0 30' 45' WEST PER R.O.S. 10774), 579.27 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. AREA - 113,305.61 S.F. (2.601 AC) fESSIOA emu (VV•. •.V VV V i V.. 25xII I I_lt..T MAP NO. CARLSBAD TRACT 89-19 . INDEX MAP V'L iEL \:7 • N L%1 crm a \... vu_' Z2i'1, 0D*? cassuLr?Er. Ld 0 I I. rn C, 0 I') CO It - . 0 0 I MAP Oi CARLSBAD TRACT 89-19 o ¼ J lk a •1 x• I 0 0-•- •. Pa*elof4 2292 LOT 79 A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUABTF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ALONG WITH A PORTION OF LOT 1 OF SECTION 13, TOWNSHIP 12 D SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ALL IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWSi BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT kLSO BEING THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCELS THENCE SOUTH ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARTER OF SAID NORTHEAST QUARTER OF SAID SECTION 33, SOUTH 0' 43' 40' EAST (SOUTH 0' 43' 21' EAST PER R.O.S. NO. 10774 XX THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED OCTOBER 30, 1986 XX THE OFFICE OF SAID COUNTY RECORDER), 421.21 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 73' 52' 02' WEST, 7.00 FEET; THENCE NORTH 16' 58' 38" WEST, 290.72 FEET; THENCE NORTH 1' 46' 34' EAST, 129.06 FEET; THENCE NORTH 3' 05' 59' WEST, 138.70 FEET; THENCE NORTH 24' 54' 43" WEST, 192.93 FEET; THENCE NORTH 9' 2' 41' EAST, 15.80 FEET; THENCE SOUTH 89' 29' 21' EAST 171.33 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER OF SAID SECTION 28; THENCE SOUTH ALONG SAID EASTERLY LINE, SOUTH 0' 30' 39' WEST (SOUTH O ..i' 45' WEST BR SAID R.O.P 10774), 311.49 FEET, MORE OR LESS, TO THE TRUE 2 POINT OF BEGINNING OF THE HE1tIN DESCRIBED PARCEL. H (o .m 25 X10 5' . 0. •-ç JO • 0 • • 0 'Past 2cf 4 EXHTMT c-e 2293 / 0 APJM - 61,866.79 8.?. (1.420 C) II :0.... 0; ESP 96 u 32014 e 12-51!11 x 12 -- 1 9 -3 01. N —a -- IT W - MAP NO._=== all CARLSBAD TRACT 89-19 T5 INDEX MAP - AA A; IS. 111 ftlz am 3m4 OWF -. 0 Y ConSiLT T3. toll ---- -__ S U 01 x I I ! CARLSBAD TRACT 89-19 II --I - -I- 0 I MAP NO. 1 0 CD •ODAY CONSZILTANTS. NC S. 1 a IJ '----- .-.-- -.--.---i--.--- . ..--. "_.-•.I 2296 PageIof S Lill ^c "LOT81 PORTIONS OF LOTS 1, 11 ADD 12 OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, LI COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID NORTHEAST QUARTER OF SECTION 33; THENCE SOUTH ALONG THE WESTERLY LINE OF SAID QUARTER-QUARTER SECTION, SOUTH 0' 43' 40" EAST (SOUTH 0' 43' 21" EAST PER R.O.S. 10774) 579.23. FEET TO THE 'FED! POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE CONTINUING SOUTH ALONG SAID WESTERLY LINE, SOUTH 0. 43' 40" EAST (SOUTH 00 43' 21" EAST PER R.O.S. 10774, IN THE CITY OF CARLSBAD, COUNTY OF SAD DIEGO, STATE OF CALIFORNIA, RECORDED OCTOBER 30, 1986 IN THE OFFICE OF SAID COUNTY RECORDER) 209.00 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 11; THENCE LEAVING SAID WESTERLY LINE ALONG THE NORTHEASTERLY LINE OF SAID LOT 11, SOUTH 69° 15' 12" EAST, 228.23 FEET (SOUTH 69° 05' 16° EAST, 228.10 FEET PER DEED RECORDED APRIL 29, 1986 AS FILE NO. 06- 166934); THENCE SOUTH 32' 12' 13." EAST, 235.23 FEET (SOUTH 32' 11' 15" EAST, 235.26 FEET PER DEED RECORDED APRIL 29, 1986 AS FILE NO. 86-166934) TO THE NORTHEAsRLY CORNER OF THE LAND DESCRIBED IN DEED RECORDED TO THE STATE OF CALIFORNIA RECORDED .""LY 13, 1978 AS FILE NO. 78-292074; THENCE LEAVING THE BOUNDARY OF SAID LOT 11 ALONG THE NORTHERLY LINE C' SAID STATE LAND, NORTH 89' 12' 15" WEST - .a 25xIC 01 0 0 ---•-- 2 2 .... .- • 9Ta*2of 5 i. a. EXHIBIT C-9 (NORTH 89° 10' 56° WEST PER DEED RECORDED APRIL29, 1986 AS FILE NO. 86-166934), 119.72 FEET; THENCE LEAVING SAID STATJ" LAND NORTH 37° 32' 44° WEST, 149.14 FEET (NORTH 37 31' 25" WEST, 149.14 FEET PER DEED RECORDED APRIL 29, 1986 A.S PILE NO. 86-166934) TO THE. U BEGINNING OF A TANGENT 450.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 300 49' 37', AN ARC DISTANCE OF 242.11 FEET TO A POINT OF REVERSE CURVATURE WITH A 70.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21° 42' 36", AN ).RC DISTANCE OF 26.52 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY NORTH 46' 39' 45" WEST, 20.06 FEET TO THE BEGINNING OF A TANGENT 70.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22 0 24' 31", AN ARC DISTANCE OF 2'.38 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY NORTH 69 0 04' 16° WEST, 31.27 FEET TO THE BEGINNING OF A TANGENT 70.00 POOP RADIUS CURVE, CONCAVE NORTHEASTERLY THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20° 53' 43°, AN ARC DISTANCE OF 25.53 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY NORTH 48' 10' 33" WEST, 25.51 FEET TO THE BEGINNING OF A TANGENT 70.00 FOOT RADIUS CURVE; CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 210 04' 39", AN ARC DISTANCE OF 25.75 FEET, MORE OR LESS, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF BATIQUITOS DRIVE, THE CENTERLINE OF WHICH IS DESCRIBED IN A FINAL ORDER OF CONDEMNATION, RECORDED AS FILE/PAGE 89573 ON 14 22, 1963; THENCE SOUTH 60' 1 12" EAST (SOUTH 69° 05' 40° EAST PER M.S. 637, ON FILE IN THE COUNTY OF SAN DIEGO) 96.43 FEET, MORE OR LESS, TO THE VI : 25x11 D- - 44 it ts Pr.e 3 of 5 EXIIIRIT C-'l EASTERLY RIGHT-OF-WAY LINE OF SAID BATIQUITOS DRIVE; THENCE NORTH ALONG SAID EASTERLY LINE, NORTH 20' 57' 18" WEST (NORTH 10' 56' 57" WEST PER H.S. 637), 162.23 FEET, TO A POINT ON A 50.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 32 0, 29' 31" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE, TMOUGH A CENTRAL ANGLE OF 90' 30' 46", AN ARC DISTANCE OF 8.30 FEET; THFs4C! LEAVING SAID CURVE,, SOUTH 60 0 04' 55" EAST, 35.08 FEET; THENCE NORTH 800 52' 14" EAST, 144.39 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. AREA - 65,639.54 S.F. (1.507 AC) IV ESSi OWE No. 32014 CM. '?, CAU" D. t * •1 0 p., Ut 'S & I. I,......... ta- - - - 0 MAP NO.________ CARLSBAD TRACT 89-19 INDEX MAP I -i C C CO CO '3 I , 10 S FES 1& Fl ir 44142 OF ml FAY CO$SULAH3. • soft _____ x•.. — CARLSBAD TRACT 89-19 1,6 I D(TA/ OQ/JVA V Va £IWIENT NOrs t5sa. sn-san ..s 4 a a 'Cr sa at ad co a - 5,5(50 C7-lflfl4 as. a_ — sac an,a acac na_Sn Jo C.a.Cesa sn.a_ 550.0./US .0,45.. a-Ja,04t J a_an estha a a_ 5/Uwo .0, stag a IOIYJ SR , a 3JJ \ --- tFPVftLInrnv ° a S S - 'JA • a-aw •. I I 0 I SW 's 0l/ s1Ers 1S3W14 J -'I 'C = 0 1' 0 DAY p.c Ul A • M' 0 2301 EXHIBIT D 30106. Development] *Development' means, on land, in or under water, the placement or erection of any wild material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading. removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 56410 of the Government Code), and any other division of land. including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational us.; change in the Intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal of harvesting of major vegetation other than for agricultural purpose, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Zb.rg-Nej.dly Forest Practice Act of 1973 (commencing with Section 4511). As used In this section, structure' includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. l-1 ii (I H --------. 4__. •. 0 ) - 2540 - ---- - EXHIBIT E FIRE/HABffAT BUFFER :•.=::::: - — .—. -. ..—.- —. NEW COASTAL SAGE SCRUB WETLA 19 I— flJ BROCCATO AT •ATIQU$TOS SHORES C.T. 8919 HABITAT ENHANCEMENT PLAN nSCA13WT. - —.-. t i 2303 I I h3 'It -is nfl z I IsIs 11 i9 1ljh!1M q1 11h II 13 ° -I ru I Ii' 1 dii!n1 !i!Ii mill 1;iijq Wi;I fl I 'It 3111 t1fIP 11 - * •1 1i*J1 133 Ill I IIii ilL U thJ;I i 'M' pu1I jf 41 ' ' huh. - -- * ft 0 f1iI 3, 'U iiaj iIl 1i;i ,;j'ii ,iJTI' ! 1IJ i - -- j!IiI n3u i1U I irI!! j ,ui htJi,11 II1IIIiI J*Iil11 jJIIII 013 9i1 till 1 fit ,vij,,,4 - liIhHdH izi!ild,3niijl ,HI1 -- XLII' i'qq t •• t LA l( ;ii 25>dD 32X10 11 Carlsbad FAX TRANSMITTAL DATE: TIME SENT: TO: (iz;tOe COMPANY: NUMBER OF PAGES BEING TRANSMITTED: 5 (INCLUDING FAX TRANSMITTAL) FROM: DEPT: PLANNING PHONE #: (619) 438-1161 ext.9 FAX #: (619 438-0894 SPECIAL INSTRUCTIONS: 0i 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 RECORDING REQUESTED BY AND RETURN TO: STATE OF CALIFORNIA OF TH: CALIFORNIA COASTAL COMMISSION ' . 1'.5 ( '.7 SAN DIEGO AREA OFFICE . . COUNTY. RCCb 1333 CAMINO DEL RIO SOUTH, SUITE 125 SAN DIEGO, CALIFORNIA 92108-3520 DEED RESTRICTION [OPEN SPACE] -- ...... I. WHEREAS, Aviara Land Associates Limited Partnership, a Delaware limited partnership (hereinafter referred to as "Owner"), is the record owner of the property described in Exhibit 'IA" attached hereto and herein incorporated by reference (hereinafter referred to as the "Property"); and II. WHEREAS, the California Coastal Commission (the "Commission") is acting on behalf of the People of the State of California; and III. WHEREAS, the Property is located within the coastal zone as defined in Section 30103 of the California Public Resources Code (Section 30000 et seq. of the California Public Resources Code is herei iafter referred to as the "California Coastal Act"); and IV. WHEREAS, pursuant to the California Coastal Act, the predecessor in interest of the Property to Owner applied to the Commission for a Coastal Development Permit for its proposed development on the Property; and V. WHEREAS, Coastal Development Permit No. 6-87-680 was granted on April 14, 1988 and amended on August 24, 1988 as Coastal Development Permit No. 6-87-680(A) (the "Permit") by the Commission in accordance with the provisions of the Staff Recommendation and Findings and the Amendment to Permit, which are attached hereto as Exhibit "D" and Exhibit "E," respectively, and are incorporated herein by this reference. VI. WHEREAS, the Permit was subject to certain terms and conditions, including but not limited to the following condition: 11 4. Open Space Deed Restriction/Steep Slopes. Prior to the issuance of the coastal development permit, the applicant shall record a restriction against the subject property, free of all prior liens and encumbrances, except for tax liens, and binding on the permittee's successors in interest Z098301A.DW8 -1- 3/6/89 L ON and any subsequent purchasers of any portion of the real property. The restriction shall prohibit any alteration of landforms, removal of vegetation or the erection of structures of any type without the written approval of the California Coastal Commission or its successor in interest in the sensitive steep slope areas throughout the entirety of the Master Plan and that portion of the adjacent natural open space areas of Phase I of the project, at a minimum, as shown on submitted deed restriction Development Plan overlays submitted to the Commission's San Diego area office on August 1, 1988. The recording document shall include legal descriptions of both the applicant's entire parcel(s) and the restricted area, and shall be in a form and content acceptable to the Executive Director. Evidence of recordation of such restriction shall be subject to the review and written approval of the Executive Director." VII. WHEREAS, the Commission found that but for the imposition of the above condition the proposed development could not be found consistent with the provisions of the California Coastal Act and that a permit could otherwise not have been granted; and VIII. WHEREAS, it is intended that this Deed Restriction is irrevocable and shall constitute enforceable restrictions; and IX. WHEREAS, Owner has elected to comply with the conditions imposed by the Permit so as to enable Owner to undertake the development authorized by the Permit. NOW, THEREFORE, in consideration of the granting of the Permit to Owner by the Commission, the Owner hereby irrevocably covenants with the Commission that there be and hereby are created the following restrictions on the use and enjoyment of the Property, to be attached to and become a part of the deed to the Property. The undersigned Owner, for itself and for its heirs, assigns, and successors in interest, covenants and agrees that: 1. Compliance With Permit Condition No. 4. In satisfaction of the condition No. 4 identified in Recital VI above, and except as otherwise provided in Paragraph 2 below, Owner shall not alter the landforms nor remove vegetation nor erect structures of any type without the written approval of the Commission or its successor in interest in the area specifically identified as "Restricted Areas" in the attached Exhibit "B." Z098301A.DW8 -2-- 3/6/8 9 02, 2. Reservation of Rights by Owner. (a) Notwithstanding the restriction of paragraph 1, Owner hereby reserves the following rights unto itself, its successors, assigns, agents and representatives, with the exception of the following subject to applicable governmental regulatory requirements: (i) to construct, install, maintain and repair in the Restricted Areas those certain Community Trails as described on the Master Plan approved in the Permit; and (ii) to enter upon the Restricted Areas to perform tree trimming; and (iii) to enter upon the Restricted Areas to thin vegetation and underbrush when approved, ordered or directed by any governmental authority having jurisdiction over the Property, including but not limited to the City of Carlsbad; and (iv) certain po-tions-o the-Restrcted'Areas identifiedin xhii fopurpo.es6f Tnstallation / operation, ntenançeTadrepa.Lr ofpub3,ic utilities, and (v) opeatior, maintenance andrepa'irof ibi (b) In consideration of this Deed Restriction, the State acknowledges that this Deed Restriction is and shall remain subordinate to the interests of any and all grantees receiving easements pursuant to the foregoing subparagraph 2(a)(iv), recognizing that such grantees shall continue to be subject to the provisions of the California Coastal Act. The State agrees to execute and deliver to Owner, at Owner's request, any instrument or document reasonably requested by Owner reflecting such subordination. 3. Severability. If any provision of this Deed Restriction is held to be invalid or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired. 4. Binding Effect. This Deed Restriction shall remain in full force and effect during the period that the Permit, or any modification or amendment thereof, remains effective, and during the period that the development authorized by the Permit, or any modification of said development, remains in existence in or upon any part of, and thereby confers benefit upon, the Property, and to that extent the Deed Restriction is Z098301A..DW8 -3- 3/6/8 9 IN 7 hereby deemed and agreed by Owner to be a covenant running with the land, and shall bind Owner and all of its assigns or successors in interest. 5. Recordation. Owner agrees to record this' Deed Restriction in the Office of the County Recorder of San Diego County as soon as possible after the execution hereof. DATED: AJ4 21. , 1989 OWNER: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership By: Aviara Land Company, a Delaware corporation, general partner By: 9 /r--- xi?fr 1. By,t-, By: Republic Development Company, a California corporation, general partner By:9.4 Z098301A.DW8 -4- 3/6/89 0 J V 11110 iiiIi 1 2 4 DEED RESTRICTION 5 6 / 7 I. WHEREAS, ODMARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP $ hereinafter referred to as the "Owner(s)," is/are 9 the record owner(s) of the following real property: •10 See Exhibit B attached hereto ii 12 13 hereinafter referred to as the "Property;" and - 14 II. WHEREAS, the California Coastal Commission, hereinafter referred 15 to as the "Commission," is a-ting on behalf of the People of the State of 16 California; and 17 III. WHEREAS, the subject property is located within the coastal 18 zone as defined in 13010 of Division 20 of the ClLurnia Public Resources 19 .ode, hereinafter referred to as the "California Coastal Act of 1976," 20 (the Act); and 21 IV. WHEREAS, pursuant to the Act, the Owner applied to the Commission 22 for a coastal development permit on the Property described above; and 23 V. WHEREAS, coastal development permit number 6-90-311 , her"thafter 24 ceferreU to as the "Permit," was granted on February 5, , t991 , by 25 the Commission in accordance irith t* provision of the Staff Recommendation 26 and UndIir, attached hereto as EXHIBIT A and herein incorporated by 27/1 COUAT P$P1 V !. of c*i.w.,'a e 13 faltv eec $ ¼ I P,r,nRnrD REQUT or rrnrr AmERIM TrnE M 2337 RECORDING REQUESTED BY AN RETURN TO: California Coastal Commission 45 Fremont St., Suite 2000 San Francisco, CA 94105-2219 DCC : 1991-0344285 12—JUL-1991 0359 P11 SAM DIEGO COUNTY RECORDER'S OFFICE AHNETTE EVARS9 COUNTY RECORDER RFe 38.00 FEES 77.00 AF3 36.00 1.00 IIISC: 2.00 6) ; 1. 1. 2 3 4 5 8 7 8 9 10 11 12 13 '4 ,15 18 17 18 19 20 21 22 23 24 25 23 27 COURT •?MI 00, 4ALjP@MjjjA $?D 53 1v 1,11 •I. 2338 reference; and VI. WHEREAS, the Permit was subject to the terms arid conditiois including, but not limited to, the following condition(s): 9. Residential Construction. Prior to issuance of the coastal development permit, the applicant shall record a deed restriction in form and content acceptable to the Executive Director, prior to all liens and encumbrances and binding on the applicant and any successors in interest. The restriction in subsection (a) shall be recorded against lots 7 through 10, inclusive, lots 20 through 22 inclusive, lots 30,31,36,37,0,141 and 51 through 60 inclusive. Subsection (b) applies to all residential lots. The recorded document shall provide the following: a. Building setback and brush management practices on these lots are limited, pursuant to Coastal Development Permit No. 6-90-311 on file in the Coastal Commission office. The, specific restrictions shall also be recorded with exhibits of required setbacks, pursuant to Condition #8 of this permit. b. Building colors and materials are limited to earth tones, including deep shades of green, brown and grey, with no white or light shades, and no bright tones, except as minor accents, to minimize the residential development's contrast with the surrounding lsidez and open space areas. VII. WHEREAS, the Commission found that but for the imposition of the above condition(s) the proposed development could not be found consistent with the provisions of the California Coastal Act of 1976 and that a permit could therefore not have been granted; and VIII. WHEREAS, Owner has elected to comply with the condition(s) imposed by the Fernit and execute this Deed Restriction so as to enable Owner to undertake the development .wthorized by the Permit. II -2- 2 .. . '( 2 3 4 5 8 7 8 9 10 1]. 12 13 14 15 18 17 18 19 20 21 22 23 24 25 26 27 2339 NOW, THEREFORE, in consideration of the granting of the Permit to the Owner by the Commission, the Owner hereby irrevoca''ly covenants with the Commission that there be and hereby is created the following restrictions on the use and enjoyment of said Property, to be attached to and become a part of the deed to the property. 1. COVENANT, CONDITION AND RESTRICTION. The undersigned Owner, for himself/herself and for his/her heirs, assigns, and successors in interest, covenants and agrees that: a) Building setbacks and brush management practices on Lots 7, 8, 9, 10, 20, 21, 22, 30, 31, 36, 37, 40, 41, 51, 52, 54, 55, 56, 57, 58, 59 and 60 shall be as shown on the Site Plan/Brush Management Program Exhibit attached hereto as Exhibit "C". b) Building colors and materials used on the Property shall be limited to earth tones, including deep shades of green, brown, and grey with no white or light shades, and no bright tones, except as minor accents. 2. DURATION. Said Deed Restriction shall remain in full f....,, and effect during the period that said permit. tL any modification or amendent the.: remains effective, and during the period that the development authorized by the Permit ora,y modification of said development, remains in existence in or upon any part of, and thereby confers ben.fit upon, the Property described herein, and shall bind Owner and all his/her 'gns or ssccessors in interest. I. TAXFS AND ASSESSMENTS. It is intended that this Deed Restriction is ir'evocahle and shall constitute an enforceable restriction within the men.n oZ a) P.rticle XIII, 58, of the Cslifornia Constitution; :CURT PAPER l?A?I S CAL?ONI* T0. t3 •tV •.7*' •1ø -3- '•-• - 1 -' 2340 ,, • . ...: 1 2 3 4 5 8 7 8 9 10 11 12 13 14 15 18 17 16 19 20 21 22 23 24 25 26 27 COURT PAPI •,* I, C*IPeNl STe 113 lgv I.,,, -4- (I S I and b) 1402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax-deeded property. 4. RIGHT OF ENTRY. The Commission or its agent may enter onto the Property at times reasonably acceptable to the Owner to ascertain whether the use restrictions set forth above are being observed. 5. REMEDIES. Any act, conveyance, contract, or authorization by the Owner whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. The Commission and the Owner may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction. In the event of a breach, any forbearance on the part of either party to eIorce the terms and provisions heaof shall not be deemed a waiver of enforcement rightsregarding any subsequent breach. 6. SEVERABILITY. If any provision of these restrictions is held to be invalid, ir for any reason becomes unenforceable, no other provision shall be thereby affected or impaired. Dated: 91,LJ-- 14-' SL(NED: SIGNATURES ON NEXT PACE SIGNED: PRINT OR TYPE NAME OF ABOVE PRINT OR TYPE NAME OF ABOVE .f2 5..-.... 2341 i Executed on this day of , 1991 at San Diego, California. 2 ODMARK & TRELAN AND THE DAVIDSON COMPANIES PARTNERSHIP By: Odmark & Thelan/Batiquitos Ltd., a California limited partnership By: Odmark & Thelan, a California general partnership 6 By: The Odmark Development Company : a California corporation : general partner B4AJ 30 Ted P. Odmark, President 11 By: Ontarioville Holding Company, a California corporation, 12 general partner 34 By:_______ D. Thelan, PresJent 15 By: Davidson Coscan Partners. 16 a California general pattnership 17 By: The Davidson Company, a California corporation, £0 general partner 19 20 William A. Davidson, A I President 22 Notary Acknowledgments on Next Pate 23 III 24 ; III - 5----..- 26 27 28 oJ _____S..,--. .....:...... . S ..S ....... S.- SS -5-5 • •1 2342 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 i 27j 28 STATE OF CALIFORNIA )as: COUNTY OF SAN DIEGO On 14'--- /" /?9/ , before me, the undersigned, a Notary Public In i for/aid state, personally appeared TED P. ODMARX, known to me to be the Pr&ldent of The Odmark Development Company, the corporation at executed the within instrument and known to me to be the person who executed the witi instrument on behalf of said corporation, said corporation being known to me to be the general partner of Odmark & Thelan, the general partnership that ' known to me to be the general partner of Odmark 6 Thelan/.tiquitos Ltd., tF limited partnera'hlp known to me to be the general partner of Odmark & Thelar and The Davidson Companies Partnership, the general partnership that execute the within Instrument, and acknowledged to me that said last named partnersh executed the same. WITNESS my hand and official seal. AM a 355 Notary Public STATE OF CALIFORNIA ) )ss: COUNTY OF SAN DIEGO before me, the undersigned, a Notary Public in and foraid state, personally appeared JOHN D. THELAN, known to me to be the Pre ident of Ontarioville Holding Company, the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of Odmark & Thelan, the general partnership that I known to me to be the general partner of Odmark & Thelan/Batiquitos Ltd., th limited partnership known to me to be the generil partner of Odrnark & Thelan and The Davidson Companies Partnership, the general partnership that execute the within Instrument, and acknowledged to ma that said last named part-'sh executed the same. WITNESS my hand and official seal. c4-rn. Q4L__ OFFICIAL Notary Public jç4 Christina M. Drake NOTA PUBLICCMWOIA I/I - SAN DIEGO COUNTY my Comm EwssMaf 3 ISIS I/I - I/I -6- 1 - I r41 —7- 2 1 2 3 I 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 271 28 I I 2343 STATE OF CALIFORNIA )as: COUNTY OF SAN DIEGO On ZLAWE 1 14 , , before me, the undersigned, a Notary Public in and for said state, personally appeared WILLIAM A. DAVIDSON, known to me to be the President of The Davidson Company, the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of Davidson Coscan Partners, the general partnership that is known to me to be the general partner of Odmark & Thelan and The Davidson Companies Partnership, the general partnership that executed the within instrument, and acknowledged to me that said last named partnership executed the same. WITNESS my hand and official seal. LYNN C. SHOEMAKER (1 C. am ao cwny No 'ublic I/I I/I I/I 0 2344 II 1 This is to certify that the deed restriction set forth above is hereby 2 acknowledged by the undersigned officer on behalf of the California Coastal 3 Commission pursuant to authority conferred by the California Coastal 4 Commission when it granted Coastal Development Permit No. 6-90-311 5 on February 5 1991 ahd the California Coastal Commission consents to 6 recorddtion thereof by Its duly authorized officer. 7 Dated: tJ,L43 10 owers, Staff Counsel ii California Coastal Commission 12 13 STATE OF California 14 )ss is COUNT'.7 OF San Francisco 16 17 On this day of • in the year 1991 • before 18 me Deborah L. Bove ,11 8ota,4 Public, rsonally .ppeared 19 Jo)"' Bowp'q personally known to me (or proved to me on 20 the basis of satisfactory evidence) to be the person who executed this 21 instrument as Staff Counsel jo the. California Coastal Comi:sion and 22 acknowledged to me that the California Coastal Commission executed it. 21 All 24 y' ;J4IYoF NOTARY PUBLIC FOR SAID STATE AND COUNTY IM 26 27 -8- 25 1'1 2345 tXHBIT 1/ FL(L) JAN 4 o ., 1 STATE Of CALIcOIN,A_THI *ESOURCTS AGENCY GEORGE O(UMEJIAN. 00.n. CALIFORNIA COASTAL COMMISSION SAN OIEGO COAST OlSIECT Filed: 11/24/90 1333 CAMINO Oft SIC SOUTH. SUITE 133 49th Day: 2/11/91 SAN DIEGO. CA 2IOS.3S2O el) 297 9140 180th Day: 6/20/91 Staff: P8w-SO Staff Report: 1/17/91 Hearing Date: 2/5-8/91 STAFF REPORT AND PRELIMINARY RECOMMENDA1I0N J1* 13 Application No.: 6-90-311 Applicant: Odmark & Thelan and The Davidson Company Description: Subdivision of a vacant 41 acre parcel into 79 lots and construction of 12 three- and four-bedroom single family residences. Lot Area Building Coverage Pavement Coverage Landscape Coverage Unimproved Area Parking Spaces Zoning Plan Designation Project Density Mt abv fin grade 41 acres 191,560 sq. ft. (11%) 240.000 sq. ft. (13%) 546,209 sq. ft. (31%) 199,264 sq. ft. (45%) 222 R-1-7500 RIM/RN/OS 1.9 dua 29 Feet Site: East of 1-5, South of Pointsettia lane at southerly terminus of Batiquitos Orlv. Carlsbad, San Diego County. APN 216-150-3, -5, & -7 214-110-11, -21 & -22. I-. l STAFF NOTES: Suninary of Staff's Preliminary l?ernynendat1on: Staff is recommending approval of the proposed project subject to special conditions requiring redesign of the road and building sites in the southwestern portion of the site to eliminate the proposed fill located In the 4 we.1..ids buffeT and the encroachment on steep slopes at the western terminus j of Fiori Court; submittal of a detailed revegetatlon plan for all manufactured slopes; recc,rdath,n of a irrevocable cffer to dedicate all wetland areas; recordation of a deed restriction placing all wetland buffer areas and all areas located on naturally vegetated steep slopes in permanent open space; submittal of a !4rnn olan for the puDlic parking/access Improvements; a rest'lctlon against any grading or construction during the California Gnatcatchei nesting period; and, a submittal of revised grading ai.d crciofl control plans including a restriction on grading during the rainy season. -j 0 .- " 1) 2 Lrn 4 5! 2346 6-90-ill Page 2 Substantive File Documents: Certified City of Carlsbad Mello II Segmer. LCP; Final Environmental Impact Report Broccato at Batiquitos Shores PRELIMINARY STAFF RECOMMENDATION: The staff recommends the tomisslon adopt the following resolution: I. Approval with Conditions. The Commission hereby Lrants a permit for the proposed development, subject to the conditions belw, on the grounds that the development, as conditioned, will be in conformity with the adopted Local Coastal Program, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. II. Standard Conditions. See attached page. III. Special Conditions, The permit is subject to the followng conditions: 1. Revised Plans. Prior to the issuance of the coastal development permit, the applicant shall submit revised site and grading plans :pproved by the City of Carlsbad documenting the elimination of encroachments into the 100 foot wetland buffer and Onto naturally vegetated steep slope areas adjacent to Lots 51 and 52 for Fiori Court improvements, for the fill stru:ture supporting Fiori Court, and for referenced building sites. The plans shall be submitted to, reviewed and approved in writing by the Executive Director. 2. Grading and Erosion Control. Prior to the i.ance of the coastal development permit, the applicant shall submit f1n1 grading plans approved by th City of Carao which shall incorporate the following: A. All grading activity shall be prohibited between October 1st and April • 1st of any year. Prior to commencement of any grading activity, the permittee shall submit a grading schedule which indicates thdt grading will be completed within the permitted time frame designated in this condition and that any variation from the schedule shall be promptly reported to the Executive Director. B. All permanent, runoff and erosion control devices stall be developed and 1nsallcr' prior to or concurrent with any on-site grading activities. j C. All areas disturbed, but not completed, during the construction • season, including graded pads, shali be stabilized In advance of the rainy sercon. The use of temporary erosion control measures, such as berms, interr.:tor ditches, sanoba'jglng, filtered inlets, debris baslr'c, And silt traps shall be utilized in conjunction with plantings to minimize soil loss from the construction site. Said planting shall be accomplished under the supervision of a licensed landscape architect, shall provide adequate coverage within 90 days, and shall utilize vegetation of species .. 0) (i ...-j -._,., 2347 510-311 Page 3 compatible with surrounding native vegetation, subject to Exec.,tIve Director approval. 3. Offer to Dedicate Open Space Easement. Prior to the issuance of a coastal development permit, the applicant shall record an irrevocable offer to dedicate to a public agency, or to a private association acceptable to.the Executive Director, an open space easement over the area shown on the attached Exhibit 03 4 and generally described as the on-site wetland area Identified in the wetland survey conducted for the proposed project (Recon, 1989). The document shall include legal descriptions of both the applicant's entire parcel(s) and the ease'rent area. The offer shall be irrevocable for a period of 21 years, shall run in favor of the People of the State of California, binding successors and assigns of the applicant and/or landowners, and shall be recorded prior to all other liens and encumbrances, except tax liens. The offer to dedicate shall be in a form and content acceptable to the Executive Director. 4. Open Space Deed Restriction. Prior to the Issuance of the coastal development permit, the applicant shall record a restriction against the subject property, free of all prior liens ant encumbrances, except for tax liens, and binding on the permittee's successors in Interest and any subsequent purchasers of any portion of the real property. The restriction shall prohibit any alteration of landforms, removal of vegetation or the erection of structures of any type, except as herein approved pursuant to Condition S S. In the area shown on the attached Exhibit 04 4 , and generally described as all naturally vegetated areas of 25% grade or greater left undisturbed pursuant the the final approved plan, the proposed open space areas as approved by the City, and the required lagoon buffer zone. The recording document shall 1ncie legal descriptions of both the appVcant's entire parcel(s) and the restricted area, and shall he in a form and content acceptable to the Executive Director. Evidence f recordation of such restriction shall be suoject to the review and written approval of the E'ocutfve Director. 5. l.andsca.ping/Revegetation Plan. Prior to the issuance of the coastal' develop permit, the applicant shall submit a final landscape a'd revegetation plan indicating the type, size, extent and location of all plant materials, any proposed irrigation system and other landscape features to revegetate those portions of the steep slope areas that are disturbed by the proposed development, enhance existing disturbed areas and screen the project from from Interstate 5 and the lagoon. Drought tolerant native and naturalizing plants shall be utilized to the maximum extent feasible to re-establish tho area consistent with Its present character. Said plan shall be submitted to, reviewed by and approved in writing by the Executive Director. 6. California Black Tailed Gnatcatcher Nesti ng. Grading occurring within any coastal sage scrub or chdparral vegetated areas shall be prohibited during the pnriod f March 1 to June 1 of each year. Prior to the onset ot the California black-tailed gnatcatcher nesting season (March 1 to June 1 of each year), a qualified wildlife biologist shall conduct a survey of the site. Additionally, if gnatcatcher nesting is observed, the applicant shall 'ubmit a ~__ I 1 21 w- 1' 2348 6 90-311 Page 4 goatcatcher protection plan to the Executive Director for review an 14 approval in consultation with the Department of Fish and Game. 7. Drainage/RunoffControl. Prior to the Issuance of a coastal development permit, the applicant shall submit a runoff control plan designed by a licensed engineer , qualified in hydrology and hydraulics, which would assure no increase in peak runoff rate from the developed site as a result of a ten-year frequency storm over a six-hour duration (10 year, & hour rainstorm). Runoff control shall be accomplished by such means as on-site detention/desilting basin(s). Energy dissipating measures at the terminus of outflow drains shall be constructed. The runoff control plan including supporting calculations shall be submitted to and determined adequate in writing by the Executive Director. IV. Findings and Declarations. The Commission rinds and declares as follows: I. Detailed Project OescLjQtlon. Proposed Is the construction of a 79 lot subdivision of a 40.9 are site and the construction of 72 single family residences. A total of seven open space lots will be created as part of the subdivision. The proposed single family residences will be three and four bedrooms, and will be a maximum of 29 feet high. A total of 216 private parking spaces and 6 public parking spaces will be p rovided. About 235.000 cubic yards of cut and 354,100 cubic yards of fill are proposed to implement the proposed site plan, resulting in cut and fill slopes of up to 30 feet In height. Imported fill will be obtained at an adjacent site, where grading was approved under COP #6-81-680-A9 (Aviara). The proposed project also Includes the grading and unstruction for Batiqultos Drive, a circulation el.ment road extending across this site and onto tha Aviara site to the east. Internal roads will also be constructed, including Sroccato Lane, which will al -co serve as an access road to one of the trailheads for the Batiquitos Lagoon public trail system. Six public parking spaces will be located near the southerly terminus of Broccato lane. A desilting basin is proposed for the southeastern corner of the site. The site of the proposed development in located along the north shore of Batiquitos Lagoon, immediately east of 1-5. The property is a flat-bottomed, southeast trending canyon which leads down to the shore of Batiquitos Lagoon. WhHe much of the bottom of t he canyon and numerous areas along the walls of the canyon have been disturbed, extensive coastal sage scrub vegetation occurs on the hl -,h er and stnrpar portions of the canyon's slopes along the northern, western and eastern property l 4nes. Approximately 12.4 a c res of tt-e site are contained in slopes in excess of 25% grade. As stated above, the steeper slopes tend to be concentrated aany the northern, eastern and western edges of the property. Of these 12.4 acres, approximately 8.7 acres of undisturbed slopes in excess of 25% occur on the 2349 6-90-311 Page 5 site. The property is located immediately adjacent to the open water areas of Batiquitos lagoon, and extensive areas of wetland vegetation and soil types occur on the property. A wetlands determination was conducted for the property, utilizing Federal criteria for identifying wetlands. 80th coastal salt marsh and brackish marsh wetland types were identified on the project site, and a wetland boundary and accompanying 100-foot buffer were delineated. Although located In the Batiquitos Lagoon area, the project site Is governed by the Mello II segment of the City of Carlsbad's certified Local Coastal Program (LCP). The project site Is both planned and zoned for residential uses. Maximum residential density allowed on the site is about six dwelling units per acre. Proposed density of the site if the project is fully implemented will be less than two dwelling units per acre. The project site also has several specific ICP policies that apply to It that will be discussed in greater detail below. The site Is bounded on the west by a fill slope for 15 and some residential development, by residential development on the north, and by portions of the dedirated open space associated with the Aviara Master Plan area to the East. Batiquitos Lagoon is located immediately to the south of the site. 2. Development on Steep Slopes and Other Sensitive Habitat Areas. Section 30231 of the Act states: The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations ñC marine organisms and for the protèctiin of human health shall be maintained and, where feasible, restored through, among other means.. .controlling runoff.... Setlon 300( of the Act states: (b) Development In areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be cited and designed to prevent impacts which would significantly degrade such areas, and shall be compatible with the continuance of such habitat areas. Section 30253 of the Act states, in part: New development shall: (2) Assu:e stability and structural integrity, and neither create nor contribute 1gnificant1y to erosion, geologic instability, or destruction of the site or surrounding area.... In 4ddition to these provisions, Section 30230 of the Act requires that special protection be given to species of biological significance. - - 1 0 11 W 2350 6 -90-311 Page 6 As pl'eviously stated, the subject site is located in area subject t3 the Mello II segment of the City of Carlsbad's LCP. Steep slope areas are afforded special status due to the presence of naturally occurring chaparral/coastal sage scrub slopes in the general area and due to the fact that many of the steep slope areas drain to Batiquitos Lagoon. In recent years, decline of California black-tailed gnatcatcher populations which rely on natural chaparral vegetation once common to the area have led to this specie's candidate status on the Federal endangered species list and to an increasing concern over the retention of large, contiguous naturally vegetated areas. The LCP regulations pertaining to steep slopes as drafted by the City and certified by the Commission seek to protect only those slopes which contain both ateas of 25% grade and greater and natural coastal sage scrub/chaparral vegetation. As will ba discussed in further detail, while the subject site contains steep slopes, the site has been extensively disturbed. The intent of the LCP policies Is to limit the wholesale remov?' of native vegetation, recontouring of natural landforms and Installation of impervious surfaces. A detailed slope analysis and biological survey conducted for the site Indicates that about 12.4 acres of the site are 25% grade or greater. Of these slopes, a total of about 8.7 acres contain natural vegetation, including Diegan coastal sage scrub, southern mixed chaparral and baccharis scrub plant communities. California black-tailed gnatcatchers have been sited In the Diegan coastal sage scrub and southern mixed chaparral dominated steep slopes on the western and eastern margins of the property. Implementation would resuit in a total loss of approximately 1.49 acres of Diegan coastal sage scrub, 0.02 acres of mixed chaparral ano 0.8 acres of Baccharls scrub vegetation. Of this total, about 1.2 acres of steep, undisturbed habitat area is nroposed to be developed as a result of this project. Although the provisions of the Mello Il LCP seek to maintain the maximuci amount of steen, ;3turally vegetated hillsides, the LCP does contain specific policy language regarding te application of the policy. The LCP states For those slopes mapped as possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities, the following shall apply: unless tfle appllcatloi ot tnis ponc.y woula preciuce any reasonaoie use o the property, in which case an encroachment not jo exceed st ee slope area over 25% grade may be permitted. For existing legal parcels. with 25% grace, cn,roachrent shall be permitted, however, any such encroachment sh•i1 be limited so that at no time is more than 20% of the entire parcel (including areas under 25% slope) permitted to te disturbed from Its natural state. This policy shall not apply to the construction • tha City's Circulatiun Element or the development of utily tystems. Uses of slopes over 25% may be made in order to provide access to flatter areas if there is no less environmentally damaging alternative available (emphasis added). ___J 2 2 2351 6-903l1 Page 7 Within the context of this project, the a1lowa,ce of the development of steep slopes would be subject to these provisions. As currently proposed, a total of 1.2 acres of encroachment onto steep, undisturbed and naturally vegetated slopes would occur. This clearly exceeds the 10% encroachment which may be allowed to avoid precluding any reasonable use of the site. Batiquitos Drive, however, is a circulation element road In the City of Carlsbad. It will provide access from Polntsettla Drive (north of the project site) and the Aviara Master Plan area (east of the project site). Under the LCP policies, circulation element roads are exempt from the steep slope policies. Non-circulation element roads may be allowed to cross steep, naturally vegetated areas in order to provide access to flatter, more developable areas of the site. Floria Court is a short, non-circulation element road that provides access to the northeastern corner of the site. A total of twelve building sites would be accessed from Floria Court. In materials submitted with the coastal development permit application, the applicant has indicated tha total amount of grading that would be required for Batiquitos Drive alone. That is, the applicant had demonstrated the grading that would be required exclusive of the proposed development. This grading for a circulation element road would result 1, a total areal extent of grading of about 26,000 to 27,000 square feet of naturally vegetated, .eep undisturbed slopes. This is eqt'ivalent to 0.60 to 0.62 acres, which would reduce the total area of steep, naturally vegetated slopes tv be developed to below the 10% limit of area which may be allowed to be gra#d In order to avoid precluding reasonable use of the site. In addition to the grading vr Batiquitos Drive, the grading for Fl.ria Court would also disrupt steep, naturally vegetated h1ll"des. The protected arvas in the northeastern corner of the site, howevc. are relatively isolated pockets that are interspersed with flatter disturbed areas that are suitable For developrneug. The areas that are proposed for development are only tenuously connected to those portions of the site that comprise the large, contiguous areas of natural vegetation. The same finding can be inade for other, smaller areas adjacer tc parcels 56 to 60, inclusIve, since some grading for the widening and improvement of the existing Broccato Lane is required to provide access to the southerly portions of the site. There is additional grading of protected areas that does not necessarily meet OE ,emDtion standards provided in the LCP. The grading associated with the extension of Fiori Court to the west of Broccato lane and lots 51 and 52 would result in the xdinq of natra1ly vegetated steep s'opes that are part of the larger contiguous hdbitat area that would ordinarily be preserved under the policies. In addition, as stated below, the grading for this portion of the property would 'roach into the wetldnd buffer. Special Lo.dition 11 has been proposed, in part, to address this encroachment onto steep slope areas that are suitable for preservation. This condition 2352 6-90-311 Page 8 would require the redesign of those areas at the end I the Fiori Cot cul-de-sac to avoid the proposed encroachment into protected areas. avoid an impact that does not necessarily qualify for the exemption a identified in LCP policies, as well as result in a redesign of that a increase the distance of the residential development and the r id fro resources. Special Condition #2 Is also proposed as a result of the presence of slopes on the project site. This condition would require the submitt detailed grading and erosion control plan designed to avoid erosion a subsequent ¶edimentation impacts to the nearby sensitive wetland reso' Ratiqultos Lagoon. In addition, the condition prohibits grading dun' winter months, when pain and resulting erosion Is most likely to occut Similarly, Special Condition #5 requires submittal of a final revegeta plan for all disturbed areas to further-prevent erosion of the site. applicants have submitted a preliminary landscape ?lan that utilizes e plantings of native vegetation. Submittal of final plans to the Execu Director for approval in consultation with the Department of Fish and will help to guarantee appropriateness of the landseaping/revegetatlr.- for erosion protection, and to assure compatibility with surrounding o space areas. Also adequate screening of what will be a highly visible development from views from Interstate 5 and the lagoon is required In to assure consistency with Sections 30240 and 30251 of the Act. Special Condition 16 details the methods for protecting against Califo' black—tailed jnatcatcher impacts. Grading will be prohibited in areas gnatcatcher nesting is likely to occur during tne species' nesting sea gnatcatcher nesting is observed on the site, a plan for the protection nests is to be c'ihmitted for the review of the Executive DireLor In consultation with the Department of Fish and Game. The plan will clu a minimum, staking of the appropriate uuffer zones around any identifie nesting sites. Special Condit 1 "n 17 requires submittal of the final dra1ne'e and erosi control plans, approved by the City of Carlsbad, and designed to assure increase in th" peak rate of runoff associated with the developed site compared to unieve loped conditions. This requirement is co.isistent witi language contained in the Carlsbad LCP and past Commission precedent, ai especially appropriate for developments such as that proposed which lie immediately upstream of Batiquitos Lagoon. Finally, Special Condition #4 requires that all steep, naturally vegetal slopes not specifically aoproved for development In this permit be place w'aer an open space deed restrictun. The condition also requires the 0 restriction be pl3ced on all areas proposed as open space and required b City, disturbed portiotis of which will be enhanced to help mitigate fur los of unJlstured steep slope areas approved for deveopnient. This wi protect against any inappropriate development of these aeas in the futu This condition also addresses protection of the wetland buffer as will b discussed In further detail below. 0 ) -- 2353 6-90-31 Page 9 In surmary, although some development of ordinarily protected areas is specifically approved in this application, the development approved Is consistent with the exemptions contained In the Mello II LCP language. Other proposed intrusions into protected areas are identified and prohibited under the terms of Special Condition 11. Additional special conditions are proposed to protect against Impacts to wetland areas that are associated with development and to protect against impacts to the California black-tailed gnatcatcher. Therefore, the Commission finds that the subject development, as conditioned, is consistent with Sections 30231, 30240 and 30253 of the Act. 3. Wetlands Resources. Sections 30231 and 30240 of the Act also seek to protect against impacts to wetland areas. The subject site contains not only coastal salt marsh resources within Batiquitos Lagoon, but also brackish marsh resources and some unvegetated wetland areas that have been subject to human impacts. Batiquitos Lagoon Is an Important component In the region's wetland system. The over 600 acre wetland is served by a watershed of over 52 square miles, and has been the subject of an on-going program for developing a restoration plan for restoration and preservation of the lagoon's resources. It is also one of the 19 'high priority' wt1ands as identified by the Department-4f--F-ish -- and Game and afforded special status in Section 30233 of the Act. The biological productivity of the lagoon and its environs is expected to be restored In the future as a result of the pending restoration eurorts. As stated above, a wetlan; delineation has been conducted at the site, and a wetlands boundary and 100-foot buffer area liientified. Special Condition #3 would require that an offer to dedicate open space easement be recorded over the area actually containing wetlands. In past action, the Commission has found that the best method by far of protecting wetlands is for public control through a fee dedication or easement in favor of a ,.jblic entity. In this fashion, the protectior of the wetland areas can be assured. In this particular case, however, the 100-foot wetland buffer that would ordinarily be applied has been compromisedy both the site's configuration, existing development and proposed development. In the southeastern corner of the site, the property is extmeiy narrow, and an existing unimproved rcad extends virtually to the edge of the wetland. In this portion of the site. the provision of a 100-foot buffer is impossible due to the configuration of the site and the existing improvements. There is also proposed in this area a detention basin designed to protect the wetland area. Although this extends into the buffer, and is ordinarily a use not permitted within the buffer. It j is located in the upper fifty feet of the buffer and is separated from the wetland by the eistiig road. At the western end of Fiori Court, however, the right-of-way line for the Fiorl Court cu1-oe-ac extenfit into the area that would normally be designated as In addition, the fill slope 'xtends to within about C fe:t of the delineated wetland area, requiring the access path to be within the lower 50 feet of the buffer. 0 ) - 2 - 2354 6 O-3ll Page 10 In past actions, the Commission has allowed minimal public improvements (e.g. pathways, fencing and interpretive signs) necessary for passive recreational uses to occur within wetland buffer areas, provided that they were confined to the upper fifty feet of the buffer. in the case of this development, the public access pathway that is provided as a component of the lagoon pathway system includes an at-grade paved pathway, requiring minimal grading, through much of the upper portion of the buffer, and due to topographic restraints and existing development, makes minor intrusions Into the lower fifty feet where necessary to provide a pathway. In the area of Flori Court, however, the design of the pathway and the location and design of Flori Court extend a full fifty feet into the buffer, and will result in a 16 foot high fill slope the toe of which extends to the fifty-foot line. While the path utilizes the fill slope to climb the grade from the base of the slope to the terminus of the path at Fiorl Court, it Is clear that the grading for and elevation of the road and the bildlng pads on the adjacent residential lots, as designed, dictate the need for the fill slope. The proposed finish elevation of the Fiorl Court cul-de-sac is 32 feet, which compares to an existing elevation of 20 feet at the center of the cul-de-sac. While some fill is necessary to meet roadway standards and to allow transition to the adjacent residential pads at existing elevation of 30 to 40 feet, the fill structure that Is proposed Is not consistent with pas* Commission actions regarding wetland buffers. As the name implies, buffers are required to place a protective distance between new development and a sensitive wetland. In this Instance, the fill slope, in itself a development, is pro:osed to occur within the buffer. Although the path utilizes the fill to react the cul-de-sac, the Commission wold not ordinarily allow such a fll slope for the support of the trail, even if no additional development had been proposed in reliance on the fill. Special Condition #1 requires a redesign to, in part, remove the fill slope from the buffer area. It would require submittal of revised plans utilizing crib walls, retaining walls, reorientation of the street cul-de-sac or other means to eliminate the encrc'-hrnt into the buffer area. PS, special condition, as detailed above, also seeks to reduce the encroachment onto steep slopes adjacent to the cul-de-sac, to avoid inconsistencies with slope preservation policies. Again, redesign of the western terminus of Fiori Court and tots 51 and 52 is feasible to achieve a less environmentally damaging :;'..yn, maximize the distance between the resicential development and lagoon 'esources, and eiminate the proposed encroachment on the adjacent sensitive steep slope arl. Given these two special condltlrc. the Commission finds that the maximum amount of protc'inn of wetland areas has been applied to the site while still al 1 nw4 ng reasonable develooment to occur. Therefore, the Commission finds that the subject proposal, as condtiuned, is consistent with Sectins 30231 and 30240 of the Act. F:1 0'0) 'I "C • , 2355 5-90-311 Page 11 4. Local Coastal Planni ng . Sections 30110(f) and 30111 of the :aastal Act were special legislative amendments which required the Commission to adopt and Implement a Local Coastal Program for portions of the City of Carlsbad and County islands prior to specific statutory dates. The ubject property is located within the jurisdiction of the City of Carlsbad's Local Coastal Program (LCP) Mello 11 Segments The project site is subject to three separate land use designations. The proposed development is consistent with these LCP land use designations and with the LCP ordinances that govern density and character of the site and its surrounding area. The certified LCP does have several unique policies that apply to this specific site. First, at least two thirds of the permitted development shall be clustered on that half of the property located farthest from the lagoon. The subject proposal is cons1tent with that policy, with 61% of the proposed dwelling units located on the northern half of the property. Second, all existing mature trees must be preserved. While this would not ordinarily be applied to all projects in the coastal zone today in the absence of a specific ICP policy, the existing Eucalyptus groves will be retained. LCP requires the irrevocable offer to dedicate the trail easement necessary for the shoreline access trail and for necessary parking must be recorded In favor of the city of Carlsbad and the State Coastal 'onservancy. Such an Irrevocable offer to dedicate has already been required by the City of Carlsbad. Fourth, land divisions are only permitted on parcels bordering the lagoon pursuant to a single planned development permit over thi entire original parcel. The base residential density for such developments is set at a maximum of 12 units per acre. The proposed develoç"-nt has bcen approved under a single application and consists of a gr. s density of less than two dwellin units per acre. In addition, the Mello It LCP has specific provisions that have been cited above governing development of steep slopes and protection of wetland resources. The proposed spech.l conditions have been developed to provide consistency with Chapter 3 policies and with the policies of the certified Mello II LCP. Therefore, the Commission finds that the subject development, as conditioned, is consistent with the policies of the certified LCP. STANDARD_CONDITIONS: I/I 1. Notice of Receipt and The permit Is not valid and development shall not comncc until a copy of the permit, signed by the - permittee ck du.horized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the ComisSion office. 2356 6-90-311 Page 12 2. E xp iration. If development has not commenced, the permit will expire two years from the date on which the Commission vote4 on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Comoliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Conyqiscion approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. S. Inj.ctions. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all trms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall Se perpetual, and it Is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. ' (0311R) I 0 J 25 'SI 2357 GROCCATO 4 .1 Ci X'RT NO. APPLICATION NO. flR 8 SDP $ Lbna4 (&kP 25 I '%.. 2358 BROCCATO •''Ia.?.. I.•l($ Cj. ft.g SITE DEVELOPMENT PLAN — (Xx: I íN •• :'• I • • * •'--.--.• \ • a !N - 17 I v.A,\ • i h • --•••----•—\ I I \\ ''•. \ -•-•- •:.\t\ \ç \. 'I) \;' • ,'. (.1 — - \•' •- I N I DEC21. 1990 I- nvca 7Ut VCØ IiAFflBITNO. - I)t a'... - t. ... .tStIs uIHflIwlIU ...akmiI.I... IS flIflt III M - 2359 )IN.ItI.4 W•Iland boundary as msposd RECON 100. sIb.ck rIuitId by Ca,,id LCP F—TLAA OS A5E&r.4r AQ.EA 5411au'0s LISOQa 0 300 (Ltui I North Broccao at Batiquitos Shores EIR I.- - Wetland Boundary and EXHIBITPO. 3 APUCAT1ON NO. - 5.47 ___________ - - C!J 2 2360 State of California California Coastal Commission MEMORANDUM San Diego District TO: FROM: SUBJECT: Commissioners and DATE: 1/30/91 It..''1 Interested Parties Staff FILE NO: 6-90-311 Revisions to the Conditions and Findings of Staff Report and Preliminary Recommendation, dated January 17, 1991 The attached Exhibit 14 was Inadvertantly omitted from the original staff report and preliminary recommendation distributed in the Commissioners' packets. The attached Exhibit 15 has been submitted by the applicant in response to the preliminary staff recommendation, and represents a revision to the proposed project description. In response to the revised project plan, the staff recommends the following revision to Special Condition l: 1. Revised Plans. Prior to th' issuance of the coastal development permit, the applicant shall submit revised final site and grading plans in substantial conformance with revised plans attached as Exhibit 15, approved by the City of Carlsbad, and docurenting the maximum encroachment Into the wetland buffer of the fill slope southerly of .he Fiorl Court cul-de-sac as 30 foot. Enroachrnent ont" the naturally vegetated steep slope areas adjacent to Lots 51 and 52 for the referenced building sites shall be eliminated as indicated in Exhibit 15. ir, plans shall be submitted to, reyiwed and approved In writing by the Executive 9 4 rector. In addition, staff recommends that the following condition and findings be attached to the staff report: S. Brush Manae'nentProqraj. Prior to the issuance of the coastal devc'pitient permit, the applicant s.al1 submit for the review and approval in writing of the Executive Director, a brush management program for all residential lots located adjacent to open space areas, approved by the City of Carlsbad Fire and Planning Departments. The pidfl shall include a site plan showing a one-hundred foot distance beyond all planned structures, designating those areas subject to clear-cut vejctdtion removal for fire protection purposes, and all those areas subject to selective thinning and pruning. Said program shall indicate that clear-cut vegetation removal for brush m.r,.e'nent purposes shall be permitted within adjacent open space areas. Therefore this program shall establisha minimum 30 foot setback for residential structures from open space areas. The approved clearing shall be conducted entirely by 2361 Commissioners and Interested Parties January 30, 1991 Page 2 manual means and shall be the absolute minimum for reduction of fire hazards. A greater than 30 foot setback may be required If the Fire Dept. indicates substantial clearing is necessary i,th ro on. The requir ments of the brush management program shall be recorded as a deed restriction against each lot affected by the brush managemenxd program, pursuant to Conqitlnri #9 of tJ permit. 9. Residential Construction. Prior to issuance of the coastal development permit, the applicant shall record a deed restriction, in a form and content acceptable to the Executive Director, prior to all liens and encumbrances ad binding on the applicant and any successors in Interest. The restriction in subsection (a) shall be recorded against lots 1 through 10, inclusive, lots 20 through 22, inclusive, lots 30, 31, 36 37, 40, 41 and 51 through 60, inclusive. Subsection (b) applies to all residential lots. The recorded document shall provide the following: a. Building setback and brush management practices on these lots are limited, pursuant to Coastal Development Permit No. 6-90-311 on file In the Coastal Commission office. The specific restrictions shall also be recorded, with exhibits of required setbacks, pursuant to Condition 18 of this permit. b. Building colors and materials are limited to earth tones, Including deep shades of aree,,, brown and grey, with no white or light shades, and no bright tones, except as minor ..cents, to minimize the residential development's contrast with the surrc...nding hillsides and open space areas. Staff recommends that Special Condition 16 be revised to read as follows: 6. California Black Tailed Gnatcatcher Nestln. Prior to the commencement of grading - during the California black-tailed gnatcatcher nesting season (March 1 to June 1 of each year), a qualified wildlife biologist shall conduct a ;rrvey of the site between March 1 and April 1 and prepare a written.. report, suitable in form and content to the Executive Director in cunsultatlon with the Department of Fish and Game. Said survey Oall consist of a minimum of three site visits on sep.rate days during the morning hours and shall occur no sooner than three weeks prior to the connen eont of grading. Grading shall be prohibited between March 1 and June 1 of each year if the survey identifies active nests that would be impacted by said grading. If no active nests are (_ - ' 0 j identified, grading may commence. The written report and anticipated date of commencement of grading shall be submitted to the Executive Director for review and written approval in consultation with the Department of Fish and Game prior to the commencement of any grading. Staff further recommends that the following changes be made to the supporting findings. First, the third full paragraph on page 8 should be revised to read as follows: Special Condition 16 details the methods for protecting against California black-tailed gnatcatcher impacts. Grading will be prohibited during the species' nesting season In areas where gnatcatcher nesting is found to occur. Nesting gnatcatchers would be identified through a survey of t'e site, at a time when nests are likely to be found, prior to the commencement of any grading. If the Executive Director determines, in consultation with the Department of Fish and Game, that active gnatcatcher nests will not be impacted, grading may occur during the gnatcatcher nesting season. Grading shall be prohibited during the period of Mar-h 1 to June 1 If active gnatcatcher nests are found on the site. Second, the following paragraphs sho1d be added at the top of page 9: In addition,' brush management plans required by lcal government could have impacts upon 11, steep, naturally vegetated hillsides that are not pot rayed in the submitted tenta*ive map. Special Conditions 18 and 19 have been formulated specif'a1ly to address these concerns. Special Condition 18 requires submittal of a brush management program consistent with that approved by the City of Carlsbad Fire and Planning Departments. The plan shall include a site plan showing a one-hundred foot distance beyond all planned structures, designating those areas subject to clear-cut vegetation removal for fire protection purposes, and all those areas subject to selective thinning and pruning. Said orogram shall indicate that no clearcut vegetation remuval fo., brush management purposes hall be permitted within adjacent open space areas; thus, a 31 ft. setback for structures from open space areas shall be required. The approved clearing iall be conducted entirely by manual means id shall be the absolute minimum required for reduction 10 fire hazards. As conditioned, the Commission finds that the project would avoid visual impacts from vegetation clearance 0j 1 7- ®r. 2363 Commissioners and Interested Parties January 30, 1991 Page 4 and the conditions help the project to achieve consistency with LCP and Chapter 3 policies dealing with visual resources and the protection of adjacent environmentally sensitive habitat areas. Additionally, Condition I) requires that building materials for future residential construction on Lots 12 and 13 should be colors that are responsive and compatible with the surrounding natural hillsides. The requirements described above shall be incorporated Into a deed restriction that will run with the land and serve to notify any future owners of the permit requirements. Therefore, the Commission finds that the subject proposal, as conditioned. Is consistent with Section 30240 and 30251 of the Coastal Act. Third, the last paragraph on Page 9 and the first four paragraphs starting at the top of Page 10 should be deleted and the following paragraphs Inserted in their place: At the western end of Florl rourt, the cul-de-sac, as revised, no longer extends into the area that would normally be designated as buffer. The revisions to the fill slope that extends In delineated wetland buffer area reduce the encroachment of the toe of the slope to a maximum of 30 feet. Typically, the Commission only permits encroachment Into wetland buffer areas for access improvements and fencing. While the fill slope, as revised, does allow for a stairway leading from Flori Court to the lagoon access path, the structure Is clearly not proposed solely for public access improvements. (Tt,t While, generally, the Comision is not supportive of grading ' J?1 in wetland buffers, Local Coastal Programs certified more recently than the Mello It LCP have allowed some fore of encroachment into t..'fr areas, given the concurrence by the :r Deparinent of Fish and Game that the encroachment will not result in impacts to wetlal resources. In the case of this particular encroachment, the encroachment may be found to be acceptable for the following reasons. First, there are not structural improvements, other than the stairway, proposed to be located in the buffer. The cul-de-sac has been modified to 1 omit any ctructual itrrovements or right-of-way in the buffer. Additionally, no residential development is located J within the buffer. Second, the slope encroachment into the buffer, as proposed, will be subject to a vegetatve enhancement plan that would require the use of native species in the buffer. This would allow for the improvement of the slope as ' true transition 0 .. . 2364 Commissioners and Interested Parties January 30, 1991 Page 5 zone between upland and wetland, and will be conducive to the maintenance of habitat values In the Lagoon. Third, In the areas surrounding the subject fill slope, the full 100-foot buffer Is provided, with additional enhanced slopes located between the upland edge of the buffer and the proposed development. Again, this is conducive to the maintenance of habitat values through the establishment of a transition zone between wetland/buffer areas and adjacent uplands. Finally, the site plan, as revised, will result in about 16 feet of elevation difference between the toe of the slope and the finished elevation of Fiori Court. This topographi: difference can compensate, in part, for the reduction In linear distance between the toe of the slope and the wetlands. Additionally, compliance with the 100 foot buffer could be achieved without reconfiguration of the proposed development by the use of an approximately sixteen foot high crib wall Instead of the proposed fill slope. In this particular case, due to the visual prominance of the wall, the fill slope is determined to be a less intrusive and less environmentally damaging alternative. For these reasons, the Department of Fish and Game has indicated that the proposed encroachment of the fill slope into the buffer will not h.:e significant impacts upon lagoon resource values. The Department has specifically stated that an enhanced fill slope will provide a more desirable transition zone from the developed areas to the wetland than would a crib wall or similar structure. Therefore, although not generally acceptable, the Commission finds that the fill r slope, as revised, Is consistent with applicable Chapter 3 I policies. Special Condition Il requires a submittal of final plans for the revised fill slope approved by the City of Carlsbad, in substantial conformance with those shown in Exhibit 15, .n ".ent1ng that the encroachment has been reduced to a maximum of 30 feet. The special condition, as detailed above, also seeks f3 reduce thi encroachment onto steep slopes adjacent to the cul-de-sac, to avoid inconsistencies with slope preservation policies Aaain, redesign of the western terminus of Fri Court and Lots 51 and 52 Is feasible to achieve a less environmentally damaging design, maximize the distance between the residential development and lagoon resources, and eliminate the proposed encroachment on the adjacent sensitive steep slope area. (2150M) .1. - :........ . _'°"'. QUALITY ORIGINAL (S) 2365 TW 1#3 BROCCATO SITE DEVELOPMENT PLAN Al AC -'I LI - Li 1 & IIi 4 .L 1JU • I•lI!I .fl •AWQ4IA - 'I •' • . : • - . / - Ve • . : II.. AW ra Mb IT NO. • r -• - • : .j • .1/ p - • ••: • - 1 '. •.-/ • f I %I L 2367 -P3. • ORDER NO. 986020-12 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF LOTS ii AND 12 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33: THENCE ALONG THE WEST LINE OF SAID QUARTER-QUARTER SECTION SOUTH 045 1 06" EAST, 787.64 FEET (RECORD OF SURVEY NO. 6396 - SOUTH 120 1 42" EAST, 788.13 FEET) TO THE NORTHWEST CORNER OF SAID LOT 11 AND THE TRUE POINT OF BEGINNING: THENCE LEAVING SAID WEST LINE ALONG THE ?'ORTUEASTERLY BOUNDARY OF i3THZFOLLOWINGCOURSES SOUTH 6905 1 16 EAST, 228.10 FEET (RECORD OF SURVEY NO. 6296 - SOUTH 6948 1 44" EAST, 228.23 FEET) AND SOUTH 32'11 1 15" EAST, 235.26 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JULY 13, 1978 AS FILE NO. 71-292074 0? OFFICIAL RECORDS: THENCE LEAVING THE BOUNDARY OF SAID LOT 11 ALONG THE NORTHERLY LINE OF SAID STATE LARD NORTH 8910 1 56" WEST (DEED - NORTH 8912113N WEST) 119.72 FEET: THENCE LEAVING SAID STATE LAND NORTH 3731'25" WEST, 149.14 FEET TO THE BEGINNING OF A TANGENT 450.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY: THENCE NORTHWESTERLY ALONG THE ARC Or SAID CURVE THROUGH A CENTRAL ANGLE OF 4551 0 57", A DISTANCE OT 360.23 FEET TO A POINT OF COMPOUND CURVATURE WITH AN 800.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 636 1 38 EAST: THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID 800.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 272103 01 A DISTANCE OF 381.89 FEET TO A POINT CO)CON TO THE NORTHEASTERLY LINE OF MISCELLANEOUS SURVEY NO. 637 (INTERSTATE - 5) AND THE NORTHWESTERLY BOUNDARY OF SAID LOT 12, A RADIAL LINE TO SAID POINT BEARS NORTH 2044 1 25" WEST; THENCE LEAVING THE ARC OF SAID CURVE ALONG THE BOUNDARY OF SAID LOT 12, THE FOLLOWING COURSES NORTH 3307'12" EAST, 234.45 FEET AND SOUTH 6905 1 16" EAST, 454.48 FEET TO THE POINT OF BEGINNING. : IN ii 2368 ORDER NO. 986020-1 PARCEL B: LOT 1 IN SECTION TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERN)RDINC MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. ALSO THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL FLAT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER NORT1 012 1 25" WT, 746.00 FEET: THENCE SOUTH 89 1 47 0 35" WEST, 334.09 FEET: THENCE NORTH 4315 1 25" WEST, 205.17 FEET: THENCE SOUTH 8947 0 35" WEST, 475.16 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN DEED TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 O DEEDS THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND SOUTH 23'47 1 15" EAST (RECORD MAGNETIC BEARING SOUTH 3820' EAS') 140.86 FEET TO AN ANGLE POINT; THENCE ALONG SAID EASTERLY LINE SOUTH 1722 1 15" EAST, 477.94 FEET (RECORD SOUTH 3155tOuA EAST, 483.89 FEET) AND THENCE SOUTH 1825145N WEST, 322.56 FEET (RECORD SOUTH 03'46 1 00" WEST, 326.50 FEET) TO THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER: THENCE ALONG sAID SOUTHERLY LINE SOUTH 89'54 1 14" EAST, 855.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS DESIGNA2D BY THE CALIFORNIA STATE HIGHWAY DEPARTMENT FOR FREEWAY AND SEkVICE-ROAD PURPOSES, LEGALLY DESCRIBED BELW AS PARCEL 1 AND PARCEL 2k, RESPECTIVELY, AND THAT PORTION OF SAID LOT 1 T9AT LIES WESTERLY OF SAID PARCEL 1. PARCEL 1: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 33; THENCE ALONG THE NORTH LINE OF SAID SECTION 33, SOUTH 89'11'06" EAST, 263.68 FEET TO A LINE BEARING NORTH 3246 1 41" WEST, FROM A POINT BEING AT Co'Rr'!NATES Y339,009.75 AND X-1,677,698.92 FEET; THENCE ALONG SAID LINE SOUTH 32'46 1 41" EAST, 561.91 FEET TO LAST SAID POINT: THENCE SOUTH 3616 1 49" EAST, 353.55 FEET; THENCE SOUTH 2527 1 58" EAST, 88.85 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 1, THENCE ALONG LAST SAID LOT LINE AND ALSO THE SOUTHEASTERLY LINE OF SAID LOT 4, SOUTH 3309 1 27" WEST, 817.12 FEET 20 A LINE BEARING SOUTH 31'00 1 45" EAST - '-. - - -. -. -- 2369 ORDER NO. 98CO20-12 FROM A POINT BEING AT COORDINATES 1=338,287.45 FF'T AND X1,677,302.83 FEET; THENCE ALONG LAST SAID LINE NORTH 100 1 45" WEST, 381.54 FEET TO LAST SAID POINT; THENCE NORTH 1804 1 10" WEST, 457.06 FEET; THENCE NORTH 2507 1 11" WEST, 43.40 FEET TO THE WESTERLY LINE OF SAID LOT 1; THENCE ALONG SAID LOP LINE NORTH 054 1 54" WEST, 724.72 FEET TO THE POINT OF BEGINNING. PARCEL 2A: A STRIP OF LAND 60 FEET WIDE, THE CENTER LINE OF SAID 60 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING IN THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SCJTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES 1-342,771.44 FEET AND X-1,677,158.09 FEET; THENCE ALONG SAID EAST LINE SOUTH 028 1 30" WEST, 743.06 FEET; THENCE ALONG A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 10,000 FEET THROUGH AN ANGLE OF 2125 1 27", A DISTANCE OF 373.92 FEET; THENCE TANGENT TO LAST SAID CURVE SOUTH 2056 1 57" EAST, 3088.43 FEET TO A POINT DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST; THENCE PARALLEL TO SAID LOT LINE NORTH 6905 1 40" WEST, 100.0 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 8008 1 25" EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1, LAST SAID ANGLE POINT BEING THE WESTERLY TRMINUS OF THAT COURSE SHOWN AS "NORTH 69'58 1 02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF TH RECORDER OF SAN DIEGO COUNTY. PARCEL C: ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING NORTHERLY AN[, NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF ThE SZ'UdEAST QUARTER OF SECTION 28; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 012 1 25" WEST, 746.00 FEET TO TE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE SOUTH 8947 1 35" WEST, 334.09 FEET; THENCE NORTH 43'15 1 25" WEST, 205.17 FEET; THENCE SOUTH 8947 1 35" WEST, 475.16 FEET, MORE OR LESS, TO THE EASILY LINE OF THAT LAND DESCRIBED IN L 'u lip .lqnL, sri -lIII. VflS Wfl0 2l.a?*Vii a,. ,M.erSflSflhIfl*, I,.., I, p1011 II 04' I S I IWI.IS flS.I S (II ar,,jnr,p i,wnijjl,n;, Jill I-I! ri• i:f S.. 2370 ORDER NO. 986020-12 DEED TO A.H. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 OF DEEDS: THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND, NORTH 23'47 0 15" WEST, (RECORD MAGNETIC BEARING NORTH 3820' WEST), 456.25 FEET TO THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28. EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID 60 FOOT STRIP IN THE AFORESAID LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES Xa1,677,158.09 FEET AND Y-342,771.44 FEET: THENCE ALONG SAID EAST LINE SOUTH 03'28 0 30" WEST, 743.06 FEET; THENCE ALONG A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,000 FEET THROUGH AN ANGLE OF 21'25'27 10 , A DISTANCE OF 373.92 FEET; THENCE TANGENT TO LAST SAID CURVE SOUTH 2056'57" EAST, 3088.43 FEET TO A POINT, DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1 OF SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST; THENCE PARALLEL TO SAID LOT LINE NORTH 69'05'40" WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 8'18'25" EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1 LAST SAID ANGLE POINT BEING WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 6958 1 02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY AS GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 8, 1961 AS FILE NO. 136233 OF OFFICIAL RECORDS. 'TTIITD 25X1 -- --(R IF a EXHIBIT C BROCCATO AT IATIQIITOS SHORES C.T.89-19 HABITAT ENHANCEMENT PLAN FlREJHABtTa BUFFER tt COASTAL SAGE SCRUB NO BUFFER COASTAL SAGE SCRUB Kim N3 IO —CO!M SAGE V - v/ UNDISTURBED NATIVE VEGETATION kN9 °. - - -1 w K :3 - - S £ Y SO US TO $ L&000" now 1YM C -- I U, 4 m(DFD :tes' OF "UT mmmw WU W. Recording Requested by and When Recorded Return to City of Carlsbad 2075 La. Palmas Drive Attcntions Planning Dept. Carlsbad, CA 92008 o DOC #: 1991-0328096 1Oi 03-JUL-1991 0329 PM cj'i 4PCT1E €S. C7'TY tCC€ RF: F: ic.00 ic /1! IRREVOCABLE OFFER TO DEDICATE FEE TITLE THIS IRREVOCABLE OFFER TO DEDICATE FEE TITLE (hereinafter :eferred to as "Offer") is made this . , 1991, by ODMARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, a California general partnership (hereinafter referred to as "Grantor"). I. WHEREAS, Grantor is the legal owner of the fee interest in certain real property located in the City of CarlsL.ad, County of San Diego, State of California and described in the attached 'xhibit A (hereinafter referred to as the "Property"); and II. WHEREAS, Grantor applie.i to the City of Carlrbad (hereinafter referred to as "City") for the following permits to develop the Property; Tont.ative Subdivision Nap CT 89-19, SiL, Development Plafl SDP 89-7, Hillside DeVelopmnt Permit HDr 89-37 and Zone Change ZC 89-06, for a 79-lot, 72-unit single family dwelling project; and III. WHEREAS, on D-cember 18, 1990 the City Council of the City of Carlsbad approved said permits, subject certain conditions, includina th" following condition (hereinafter referred to as the "Condition"): "15. Prior to final map approval, the project applicant shall: (A) Submit evidence satisfactory to the Planning Director that an offer of dedication of all oneite wetlands to the State Lands Commission has been made." VA -;.••"i - .25(I01 I -2- k ;4 In, 1414 0 .,. *pT . IV. WHEREAS, Grantor has elected to comply with the Condition and execute this Offer so as to enable Grantor to undertake the development authorized by the referenced permits; and V. WHEREAS, it, i8 intended that this Offer be irrevocable and constitute enforceable restrictions within the meanin of 'ticle XIII, Section 8 of the California Constitution and that r ,%id Offer '.hen accepted shall thereby qualify as an enforceable ratriction u:der the provisions of the California Revenue and Taxation Code, Section 402.1: NOW THEREFORE, in consideration of the above and the mutual benefit and conditions set forth therein, the substantial public benefits for the protection of natural resources to be derived, and the issuance of the above referenced permits to Grantor by the City, Grantor hereby irrevocably offers to dedicate to the State of California, acting by and through the State Lands Commission or other public resource management agency acceptable to the Planning Director of the City, (hereinafter referred to as the "Grantee'), fee title to the wetland portion of the Property (hereinafter referred to as the "Wetland") specifically described and depicted in Exhibit 9 hereto. 1. Use Restriction. Any public agency accepting the offer to dedicate shall limit US in the area to natural resource education, research or enhancement programs. 2. Benefit and Burden. This Offer shall run with and burden the Property, anu all obligations, terms, conditions, and restrictions hereby imposed shall be deemed to be covenants and restrictions running with the land and shall be effective limitations 31 I I . lit IF 1,90 on the use of the Property from the date of recordationof this document and shall bind the Grantor and all successors and assigns for 0"-a period of twenty-one (21) years. 3. Construction of Validity. If any provision of this is instrument is held to be invalid or for any reason becomes unenforceable, no other provision shall be thereby ufZected or impaired. 4. Taxes and Assessments. Grantor agrees to pay or cause to be paid all real property taxes and assessments levied or assessed against the Wetland until accepted. 5. Successors and Assigns. The terms, covenants, conditions, exceptions, obligations, and reservations contained in this Offer shall be binding upon and inure to the benefit of the successors and assigns of both the Grantor and ti Grantee, whether voluntary or involuntary. 6. Term. This Offer snail be binding upon the owner and the heirs, assigns, or successors in interest to the Property described above for a period of twenty-one (21) years. upon recordation of a.i acceptance of this Offer by the Gra,,tee substantially in the form attached hereto as Exhibit C, fee title to the Wetland shall Pass to the Grantee. ire y1 -3- I V ~331 ~1.1_)! <I : 4w (~~) I * •0 ... 1904 Executed on this - day of at San Diego, California. 0- GRANTOR: ODMARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP, a California • general partnership, General Partner By: Odniark & Thelan/Batiquitos Ltd., a California limited partnership, General Partner By: ODMARK & THELAN, a California general partnership, General Partner By: THE ODMARI( DEVELOPMENT COMPANY, a California corporation General Partner By: Ted P. Odmark, President By: ONTARIOVILLE HOLDING COMPANY, a California corporation, General Partner By:to .rohn D. Theian, President By: DAVIDSON COSCAN PARTNERS, a California general partnership By: THE DAVIDSON COMPANY, a California corporation, General iartner By:C ' William A. Davidson, President - 4 - .1 (I 0 H STATE OF CALIFORNIA )ss' COUNTY OF SAN DIEGO 0 losses On e. /9'i I , before me, the undersigned, a Notary Public infid for said state, personally appeared TED P. ODMARK, known to m(e to be the President of The Odmark Development Cumpany, the corporation that executed the within instrument and known to ee to be the person woo executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of Odmark & Thelan, the general partnership that is known to me to be the general partner of Odmark & Thelan/Batiquitos Ltd., the limited partnership known to we to be the general partner of Odmark & Theism and The Davids.. n Companies • Partnership, the general partnership that executed th# within instrument and acknowledged to me that said last named partnership executed the same. WITNESS my hand and official seal. ..!r CIAL st,.. NOTARY STATE OF CALIFORNIA )ss: COUNTY OF SAN DIEGO On /1/ , before me, the undersigned, a Notary Public - --. in è.Iid for said State, personally appeared JOHN D. FHELAN, known to me to be the President of Ontarioville Holding Company, the corporation that executed the within instrument and known to me to be the person who .executed the within instrument on behalf of said corporation, said corporation being known to me to the general partner of Odmerk & Thelon, the general partnership that is known to ma tt, be the general partner of Odmark & Tholan/Batiquitos Ltd., the limited partnership known to me to be the general partner of Odmark & Thelan and The David-.)n Companies Partnership, the general partnership that executed the within instrument and acknowledged to me that said last named partnership executed the same. WITNESS my hand and official seal. Orr1CLs 1 Notary Public tAft E. M ti U—iv 3 31 )41 I I 6P •1 o 0 STATE OF CALIFORNIA 1906 ) is: COUNTY OF SAN DIEGO On pgg , before me, the undersigned, a Notary Public in and for acid state, personally appeared WILLIAM A. DAVIDSON, known tr me to be the President of The Davidson Company, the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said rnrporation, said corporation being known to me to be the generul partner of Davidson Coscan Partners, the general partnership that is known to me to be the general partner of Odmark & Thelan and The Davidson Companies Partnership, the general partnership that executed the within instrument, *nd ackn.,wledged to ms that said last named partnership executE,. the sane. WITNESS my hand and official seal. - - is C~L-*"NW2k1"3 LYNN c.snce*wt I 0, AMCKSOCUM NVary Public -6- tH.. 19r 0 I I II S I ..EXF::P') 1,907 ORDER NO. 966030-12 0 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE 0? CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF LOTS 11 AND 12 IN SECTION 33, TOWNSHIP 1. SOUTH, RRJIGE 4 WEST, SAN BERjADINO MERIDIAN, IN THE CITY OF C iRX.SSAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCObDING TO THE OFFICIAL FLAT THEREOF DESCRIBED AS FOLLOWS: CONI4ENCING AT THE NORTHWEST CORNER 07 THE NORTHEAST QUARTER 0? THE NORTHEAST QUARTER or SAID SECTION 331 THENCE ALONG THE WEST LINE or SAID QUARTER-QUARTER SECTION SOUTH 045106u EAST, 767.64 FEET (RECORD OF SURVEY NO. 6296 - SOUTH 1'20 1 42 EAST, 766.13 FEET) TO THE NORTHWEST CORNER OF SAID LOT 11 AND THE TRUE POINT OF BEGINNING: THENCE LEAVING SAID WEST LINE ALONG THE NORTHEASTERLY BOUNDARY 0? SAID LOT 11, THE FOLLOWING COURSES SOUTH 69'05'164 EAST, 226.10 TEST (RECORD OF SURVEY NO. 6396 - $OIFDH 94$1 44 EAST, 226.23 TEE?) MID 30(5TH 32'11 1 15 EAST, 235.26 FEET TO THE NORTHEASTERLY CORNER OF (MD DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JULY Ii, 197$ AS TILE NO. 18-292074 OF OFFICIAL RECORDS: THENCE LEAVING THE BOUNDARY OF SAID LOT 11 ALONG THE NORTHERLY LINE OF SAID STATE LAND NORTH 8910'56 WEST (DEED - NORTH 8912113N WEST) 119.72 TEST: THENCE LEAVING SAID STATE LAND NORTH 37'31 1 25 WEST, 149.14 FEE? TO THE BEGINNING OF A TANGENT 450.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY: THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE or 4551 1 57, A DISTANCE OF 360.23 FEET TO A POINT OF COMPOUND CURVATURE WITH AN $00.00 TOOT RADIUS CURVE COAVE SOUTHERLY, A RADIAL LINE TO SAII POINT BEARS NORTH 6361 3$ EAST: THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID $00.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 2721 103, Si DISTANCE OF 381.39 FEE? TO A POINT COMMON TO THE WORTHEASTi.,LY LINE OF MISCELLANEOUS SURVEY NO. 637 (INTERSTATE - 5) AND THE NORTHWESTERLY BOUNDARY OF CID LOT 12, A RADIAL LINE TO SAID POINT BEARS NORTH 2044 125' WEST; THENCE LEAVING THE ARC OF SAID CURVE ALONG THE BOUNDARY OF SAID LOT 12, THE FOLLOWING COURSES NORTH • 33'07 1 12" EAST, 234.45 FEET AND SOUTH 69051$P EY, 454.4$ FEET TO THE POINT OF BEGINNING. I vt - ' ±C0 0 -I I, S 9 0- ORDER $0. 946020-12 PARCEL B: LOT 1 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SM. 9ER*RDIflO MERIDIAN, IN THE CITY OF CARLEViO, COUNTY OF SAN DIEGO, ST'.TE 0? C.'L'FORNIA, ACCORDING TO OFFICIAL PIAT THEREOF. ALSO THAT PORTION 0? THE SOUTHWEST QUARTER 0? THE SOUTHEAST QUARTER OF SECTION 2$, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE 0? CALIFORNIA, ACCORDING TO THE OFFICIAL FLAT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER or THE SOUTHEAST QUARTER OF SECTION 24: THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER NORTH 0'12 0 25" WEST, 746.00 FEET: THENCE SOUTH $94735N WEST, 334.09 FEET; THENCE NORTH 43'15 1 25" WEST, 205.17 FEZTt THENCE SOUTH $9'471 35" WEST, 475.14 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESRX8ED IN DEED TO A.H. VAIL, RECORDED JANUARY 31, 1590 IN 90CR 157, PAGE 493 OF DEEDS: THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND SOUTH 23'47 1 15" EAST (RECORD MAGNETIC BEARING SOUTH 3$'20' EAST) 140.54 FEE'' TO AN ANGLE POINT: THENCE ALONG SAID EASTERLY LINE SOUTH 17'22 1 15" EAST, 477.94 FEET (RECORD SOUTH 33'SS 100 EAST, 443.19 FEET) AND THENCE SOUTH 16'25 1 45 WEST, 322.54 FRET (RECORD SOUTH 034600M WEST, 326.50 FEET) TO THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER: THENCE ALONG SAID SOUTHERLY LINE SOUTH 89'54'14" EAST, $55.00 FEET MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS DESIGNATED BY THE CALI1NIA STATE HIGHWAY DEPARTMENT FOR FREEWAY AND SERVICE-ROAD PURPOSES, LEGALLY DESCRIBED BELOW AS PARCEL 1 AND PARCEL 2A, RESPECTIVELY, AND THAT PORTION OF SAID LOT 1 THAT LIES WESTERLY OF SAID PARCEL 1. PARCEL 1: BEG!NNINC 3kT THE NORTH QUARTER CORNER OF SAID SECTION 33; THENCE ALONG THE NORTH LINE OF SAID SECTION 33, SOUTH S9'11*06 0 EAST. 263.6$ FEET TO A LINE BEARING 4OR'DH 32'46'41 WEST, FROM A POINT BEING AT COORDINATES Y-339,009.75 AND X.1,677,64i.92 FEET: THENCE R'ONG SAID LINE SOUTH 32*46'410 EAST, 561.91 FEET TO LAST SAID POINT: THENCE SOUTH 36'16'49" EAST, 353.4 *'EET: THENCE SOUTH 2527I5$N EAR?, $4.45 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT it THENCE ALONG LAS? SAID LOT LINE AND ALSO THE SOUTHEASTERLY LINE OF SAID LOT 4, $O(TTII 33'09 1 27" WEST, $17.12 FEET TO A LINE BEANING SOUTH 31'00145' EAST th • 13 -- <Ii 1: • • •• •:- ••• _j• "3 S ORDER NO. 9$020-13 FROM A POINT BEING AT COORDINATES Y.33$,2$7.45 PEE? AND X-1,677,302.33 FEET: THENCE ALONG LAST SAID LINE NORTH 31100145' WEST, 381.54 FEET TO LAST SAID POINT: THENCE NORTH 1$04'10' VEST, 457.06 FEET; THENCE WORTH 25'07 1 11' WEST, 43.40 FEET TO THE WESTERLY LINE 07 SAID LOT 1; THENCE ALONG SAID LOT LINE NORTH 0'54'54' WEST. 724.72 FEET TO THE POINT OF BEGINNING. PARCEL 2).: A STRIP OF LAND 60 FEET WIDE, THE CENTER LINE OF SAID 60 700? STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING IN THE WEST LINE OF THE EAST HALF OF SECTION 2$, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL Pt).? THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER 0? THE SOUTHEAST QUARTER OF SAID SECTION 2$, SAID POINT OF BEGINNING BEING AT COORDINATES V.342,771.44 FEET AND X-1,677,15$.09 FEET: THENCE ALONG SAID EAST LINE SOUTH 02$1 30' WEST, 743.06 FEET: THENCE ALONG A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 10,000 FEET THROUGH AN ANGLE 0? 21'2527 0 , A DISTANCE Of 373.92 FEET: THENCE TANGENT TO LAST SAID CURVE SOUTH 20'56 1 57' EAST, 3088.43 FEET TO A POINT DISTANT 30.00 FEET Al' RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1-OF SECTION 73 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST: TMZNC! PARALLEL TO SAID LOT 2.2W! WORTH 69'05'40' WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 10-080 25v EAST, 156.5$ FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1, LAS? SAID MOLE POINT BEING THE WESTERLY TERMINUS OF THAT COURSE SHOWN AS 'NORTH 69'5$002' WEST, 454.3$ FEET' ON RECORD OF SURVEY HAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF TN! RECORDER OF SAN DIEGO COUNTY. PARCEL C: ALL THAT PORTION OF THE SOUTHWEST 'RTER OF THE SOUTHEAST QUARTER IN SECTION 2$, TOWNSHIP 12 SOUTH, RANG! 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF r'UFOR$IA, ACCORDING TO OFFICIAL Pt).? THEREOF, LYING NORTHERLY AN" NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHEASTERLY CRNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28: THENCE ALONG THE LAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 012 125' WEST, 746.00 FEET TO THE TRUE POINT OF Rr.G!N$ING OF THE HEREIN DESCRIBED LINE: THENCE SOUTH $9 147 1 35' WEST, 334.09 FEET: THENCE NORTH 43'15 1 25' WEST, 205.17 FEET: THENCE SOUTH $947 1 35' WEST, 475.16 FEE?, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN N I; 1~v -3 ~41401' I 0 ••.3 •- ft k J i~l f 0 (p I o , DEED TO A.H. VAIL, RECORDED JAxuARy 31, 1690 IN 400$ 157, PAGE 493 0? DEEDS: THENCE ALONG THE EASTERLY LINE 0? SAID VAIL'S LAND, NORTH 2347 0 15" WEST, (RECORD MAGNETIC BEARING NORTH 38'20' WEST), 434.35 FEET TO THE NORTHERLY LINE OF THE SOUTHWEST QUARTER 0? THE SOUTHEAST QUARTER OF SAID SECTION 24. EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN J. .--RIP OF LAND 60.00 FEE? WIDE, THE CENTERLINE OF SAID 60 fOOT E.RIP 1W THE AFORESAID LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS BEXNNXNG AT THE WEST LINE 07 THE EAST HALF 07 SECTION 24, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1 926 .32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT 0? BEGINNING BEING AT COORDINATES X-1,677,151.09 FEE? AND Y-342,771.44 TEE?: THENCE ALONG SAID EAST LINE SOUTH 0028 8 30" WEST, 743.06 FELT; THENCE ALONG A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,000 FEET THROUGH AN ANGLE OF 2125'27", A DISTANCE OF 373.92 FEET: THENCE TANGENT TO LAS? SAID CURVE SOUTH 2056'57" EAST, 3008.43 FEET TO A POINT, DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LENS Of LOT 1 0? SECTION 33 Of SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST: THENCE PARALLEL TO SAID LOT LINE NORTH 69'05'40" WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH $08'25' EAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1 IJ.ST SAID ANGLE POINT BEING WESTERLY TERIIINUS 0? THAT COURSE SHOWN AS "NORTH 6958 1 02" WEST, 454.38 FEET" ON RECORD OF SURVEY NAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY AS GRAN'ED TO THE STATE OP CALIFORNIA BY DEED RECORDED AUGUST 8, 1961 AS FILE NO. 136233 OF OFFICIAL RECORDS. •, . 0 ORDER NO. 944020-13 "p 'O ~ ` ~ *1 i U-1 ~ 90 Ali , xli I I I a . d L 4,9 0"- PORTIONS OF LOTS 1 AND 12 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF, SAN DIEGO, STAT! OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOUOWS8 COMMENCING AT THE SOUTHWEST CORNER OF MAP 7996 Iii THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OP CALIFORNIA, RECORDED AUGUST 5, 1974 IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT ALSO BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS 'NORTH 32' 45' 27' WEST, 561.73 FEET' ON RECORD OF SURVEY 12541, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED FEBRUARY 15, 1990, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE SOUTHERLY ALONG SAID LINE, SOUTH 32' 45' 27' EAST (SOUTH 32' 46' 41' EAST PER -M.S. 637 ON FILE IN THE COUNTY OF SAN DIEGO), 484.78 FEE? TO THE ?RUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE LEAVING SAID LINE NORTH 33' 26' 33' EAST, 77.66 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 07 17' 00' 14', AN ARC DIS!'ANC! OF 44.52 lENT; a •:j I llvo~- $41W lB 2x 0 Ll THENCE LEAVING SAID CURVE TANGENTIALLY, NORTH 50' 26' 47 EM?, 33.40 FEE? TO THE BEGINNING OF A TANGENT 70.00 FOOT RADIUS CURVE, Fj am CONCAVE SOUTHERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83' 34' 00, AN ARC DISTANCE OF 102.10 1!!?; THR10E LEAVING SAID CURVE TANGENTIALLY, SOUTH 45' 59' 13 EAST, 23.48 FEET TO THE BEGINNING OF A TANGENT 60.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 63' 01' 31, AN MC DISTANCE OF 66.00 FEET TO A POINT OF REVERSE CURVATURE WITH A 50.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 92 49' 09, AN ARC DISTANCE OF 81.00 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY, SOUTH 75' 46' 51" EAST, 13.96 FEET TO THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; - THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A ''.NTRAL ANGLE OF 98' 37' 00", k4 ARC DISTANCE OF 51.64 FEET; ri 4 at jl Li (2P 1 I 9 it:i • r II I u.T.::,... THENCE LEAVING SAID CURVE TANGENTIALLY SOUTH 22' 50' 09' WEST, 26.49 U!? TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE, 0 mom CONCAVE EASTERLY; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE 0? 71• 15' 42, AN ARC DISTANCE OF 99.50 PUT TO A POINT 07 REVERSE CURVATURE WITH A 100.00 100? RADIUS CURVE, CONCAVE SOUTfZAS'R&.fj THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE 0? 31' 30' 46', AN ARC DISTANCE OF 55.00 FEET TO A POINT 07 REVERSE CURVATURE WITH AN e0.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90' 57' 25', AN ARC DISTANCE OF 127.00 715?; THENCE LEAVING SAID CURVE TANGENTIALLY, NORTH 72' 07' 48' EAST 26.12 FEET TO THE BEGINNING 07 A TANGENT 90.00 700? RADIUS CURVE, - CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE 01 35' 34' 44, AR ARC DISTANCE OF 55.89 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY, SOUTH 7" 17' 28' HAS?, 49.84 FEET, HORS OR LESS, TO THE SOUTHERLY ..GHT-O?-WAY LINE OF MTIQUITOS DRIVE, THE CENTERLINE OF WHICH IS DESCRIBED AS THE CENTERLINE OF PARCEL 2A IN A FINAL ORDER OF CONDEMNATION RECORDED AS PILE/PAGE 89573, ON MAY 22, 1963 9 J a. 0- a L THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY RIGHT-OP-WAY LINE, SOUTH 69' 15' 12' EAST (SOUTH 69' 05' 40' NM? PER X.S. 637), 70.48 TEN? TO THE BEGINNING OF A TANGENT 70.00 100? RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 21' 04' 39', AN MC DISTANCE OF 25.75 FEET: THENCE LEAVING SAID CURVE TANGENTIALLY, SOUTH 48' 10' 33' EAST, 25.51 FEET TO THE BEGINNING OF A TANGENT 70.00 P00? RADIUS CURVE, CONCAVE NORTHEASTERLY THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE 07 200 53' 43' AN MC DISTANCE OF 25.53 TEE?; THENCE LAVING SAID CURVE TANGENTIALLY, SOUTH 69 04' 16' EAST, 31.27 FEET TO THE BEGINNING 0? A TANGENT 70.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE $OUTHEAS'IZRLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE O w 22' 24' 31, AN MC DIETANC! Or 27.3$ 7151; THENCE LEAVING SAID CURVE TANGENTIALLY, SOUTH 46' 39' 45' EAST, 20.06 FEET TO TEA BEGINNING 0? A TANGENT 70,00 F(.,U? RADIUS CURVE, CONCAVE NORTHEASTERLY: MR 0-1.• \ • •-- .119 1(CE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A. CENTRAL ANGLE OF 21' 42' 36, AN ARC DISTANCE OF 26.52 FEET, MORE OR LESS,. TO A POINT ON A TANGENT 450.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, SAID CURVE BEING A PORTION OF THE SOUTHERLY LINE OF SAID RECORD 0?, SURVEY 12541; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE ('F 15' 02' 20', AN ARC DISTANCE OF 118.12 715? TO A POINT OF C'3.IPOUND CURVATURE WITH AN 800.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH V 35' 19' EAST (NORTH 6 36' 38' EAST PER DEED RECORDED APRIL 29, 1986 AS FILE NO. 86-166934)7 THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27' 22' 06-, AN ARC DISTANCE OF 382.13 FEET (A CENTRAL ANGLE OF 27' 21' 03' AN ARC DISTANCE OF 381.89 FEET PER DEED RECORDED APRIL 29, 1986 AS FILE NO. 86-166934) TO A POINT COMMON 'P0 THE NORTHEASTERLY LINE OF SAID M.S. 637 (INTERSTATE 5) AND THE NORTHWESTERLY BOUNDARY OF SAID LOT 12, A RADIAL TO SAID POINT BEARS NORTH 20 0 46' 47° WEST (NORTH 20° 44' 25' WEST PER DEED RECORDED APRIL 29, 1986 AS FILE NO. 86-166934); THENCE LEAVING SAID CURVE, ALONG THE EASTERLY LINE 0? SAID N.E. 631 NORTH 25 34' 49' WEST, 88.82 FEET (NORTH 25' 17' 58 WEST 88.85 FEET PER M.P. 637); THENCE NORTH 36' 15' 35' WEST, 353.55 PUT (NORTH 36' 16' 49° WEST 353.55 FEET PER SAID X.S. 637); 3. 1 rJ - - '- TEE(CE NORTH 32' 45' 27' WEST (WORTH 32' 46' 41' WEST PSi P1.5. 637), 77 .00 FEET P100.5 OR Its!, TO THE TRUE POINT OP BIOIIIIIX$G or THE HEREIN DESCRIBED PARCEL. H- AREA • 125,162.55 5.7. (2.873 AC) OF I 9) cm i. ,,no MAP NO._________ CARLSBAD TRACT 89-19 INDEX MAP \ (? \ \\1jjjtE N k.\ lt Now. 40 - \/ • IF . a' 0*1 CONSLT*IITS. DC. 'a. 0 .: - . - -. .---------------I • .- .•. . .- I n I . - lk ci --- h 1918 - p ti El CD -I N - \ p - ru7' 7. : -:- ., - '. Iwil V VSA) 0 S EXHIBIT C Recording Requested By and 191 When Recorded Mail TO: City of Carlsbad Attention: Planning Director 2075 I, Palmas Drive Carlsbad, CA 92009 CERTIFICATE 0? ACCEPTANCE This is to certify that the interest in real property conveyed .y the Offer to Dedicate Fee Title dated _________________________ exatd by ODMARX & THEIJi AND THE DAVIDSON COMPANIES PARTNtRSHIP and recorded on ____________________ as Instrument No. __, is here accepte y a public agency, pursuant to authority conferred by resolution of adopted on ___________, and tne Grantee consents to recordation thereof -by its duly auth'1zed officer. By: For: Dated: STATE OF CALIFORNIA is: COUNTY OF On , before me, the undersigned, a Notary Public in and for eaid state, personally appeared personally known to me or proved to me on the basis of aatisfaCt'rY evidence to be the person who executed the within instrument as of and acknowledged to me that the executed same. WITNESS my hand and official seal- tary Public I NEtIORDING *EQUISTED IV AN'VZThM T0 ,.... .___, -. ---- --I -- I - 2 1 63 45 Tremont It., Suite 000 San Francisco, CA 94105-2219 DOC : 1991-0344277 12—JIIL-199I 8159 rrt SdIl O!(G0 COUNTY RICOROCES OFFICE 0l*(T1E EV4S9 COUNTY ROCUNRIN FEESI 0,00 IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS 4 0-" 23 24 25 :; cue? .10 13 •flV •.SI a 4 THIS IRREVOCABLE OFfER TO DEDICATE OPEN-SPACE EAS EMENT AND DECLARATION OF RESTRICTIONS (hereinafter referred to as the "Offer") is mad& this IU7~ day of __ , l9, by ODMARK 4 THEI1AN AND THE 11 DAVIDSON COMPANIES"PA11TNLRSHIP, (hereinafter referred to as the "Grantor" I. WHEREAS, Grantor is the legal owner of a fee interest of certain 1 real property located in the County of San Diego , State of 1: California, and described in the attached EXHIBIT A (hereinafter referred to as the "Property"); and ii II. WHEREAS, all of the Property is l'wet.d within the coastal zone ii as defined in 430103 of the California Public Resources Code (hereinafter r referred to as the "California Coastal Act of 1976"); and 'I III. WHEREAS, the California Coastal Act of 1976 (hereinaft. 1 referred to as the 'Act") creates the California Coastal Commission (herein- after referred to as the "Commission") and requires that any coastal 21 development permit approved by the Commission Suit be onaiatnt with the 22 policies of the Act act forth in Chapter 3 of D1vtswn 20 of the Public Resources 'lode; and IV. WHEREAS, pursuant to the Act, C&eu,tor applied to the i..urmilsion for a permit to undertake d..,,.lopaent as defined in the Act on the F.perty; au V. WHEREAS, on February 5 , 1991, the Commission, acting on behalf of the People of the State of California and pursuant to the Act, it C XI 0 S 0•'- I. 1 2164 granted a coastal development permit number 6-90-311 ' (hereinafter referred to as the "Permit") in accordance with the provision s of Staff RCcomaendation and Finding., attached hereto as EXHI3IT S and hereby incorporated by reference. subject to the following condition (hereinafter referred to as the "Condition") "Offer to Dedicate Open Space Easement. Prior to the issuance of a coastal development permit, the applicant shell record an irrevocable offer to dadicate to a public agency, or to a private association acceptable to the Executive Director, an open apace easement over the area shown on the attached Exhibit 3 and generally described as the on-site wetland area identified in the wetland survey conducted for the proposed project )Recon, 1989). The document stall include legal descriptions of both the applicant's entire parcel(a) and the easement area. The offer shall be irrevocable for a period of 21 years, shall run in favor of the people of the State of California, binding successor, and assigns of the applicant and/or landowners, and shall be recorded prior to all other liens and encumbrances, except tax lien,. The offer to dedicate shall be in a form and content acceptable to the Executive Director." 1.3 3.4 I/I 1.5 /11 1.6 1/1 17 VI. WHEREAS, the Coiission has placed the Condition on the permit 18 1) to preserve the open apace nod scenic vetu.e present an the property and 19 •o as to prevent the adverse d&rect and cumulative effects on coastal 20 resources and public access to the coast which could occur if the Property 21. lets not restricted in accordance therewith and 21 because in the absence 2-1 of the protections provided by the Condition roe finding required by Public 23 Rea'rccea Code 530604(a) that the proposed development is in conformity with 24 the provisions of Chapter 3 of the Act could not be made; and 25 VII. WHEREAS, "JhOr has elected to comply with the Condition and '4 28 execute this Offer so as to enable Grantor to undertake the development 27 authorized by the Permit. *C P OUt S• Sifl..t VS III .05! jUl -2- — — D 46 3. 2 3 4 Si 7 8 9 1.0 11. 12' rM 0 .0I 555 2165 1:1 1 2 D's 3 4 5 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 27 : ' NOW THUEPOgS, in consideration of the granting of the Permit to the Grantor by the Commission, Grantor hereby irrevocably Offers to dedicate to the People of the State of California, an open-apace easement in gross and in perpetuity over the Property as follows: I. DtdCttPTION, The easement offered hereby affects that portion of the Property generally described as the on-site w.tland area and as specifically described in ZX1SIIIT C, attached hereto and incorporated herein by reference (hereinafter referred to as the Protected Land). 2. PURPOSE. The easement is for the purpose of preserving the light, air, view, and scenic qualities over and upon the Protected Land. 3. DURATION, ACCEPTANCE AND TRANSFERABILITY. This Irrevocable offer of dedication shall be binding upon the owner and the heirs, assigns, or successors in interact to the Property described above for a period of 21 years. This Offer may be accepted by any agency of the State of California, a political subdivision, or a private association acceptable to the £*ecutive Director of the Commission (hereinafter referred to as the !Crantee'). Such acceptance shall be effectuated by recordation by the Grant.* of an acceptance of this Offer in the for* attached hereto as LIOIISIT S. Upon such recordation of acceptance, this Offer and torsi, conditions, and restrictions shall have the effect of a grant : open-space and scenic easement in gross and perpetuity for light, air, view and the preservaton of scenic qualities over the Protected Land that shill run with the land and be binding on the heir., assigns, and •uccesso, of the Grantor. After acceptance, this easement may be transferred to and held by any entity which qualifies as a Grantee under the criteria hereinabove stated. Acceptance of the Offer is subject to a covenant which runs with the land, providing that the Grantee may not abandon -3- S S .1 ' ----5' 0 ) I 0 I .5 .# -03 5-- 0- I 2 3 4 5 6 a 9 10 11 12 13 14 15 16 17 1.6 19 20 21 22 23 24 28 26 271 0 - 0 a _, ...__._._. . 2168 the easement until such time as Grantee effectively transfers said easement to an entity which qualifies as a Grantee under the criteria h.rotnabnve stated. 4. USE OF THE PROPERTY. Upon recordation of this Offer and thereafter in perpetuity the use of the Protected Land shall be limited to natural open space for habitat protection, private recreation, and resource conservation uses. No development as defined in Public Resources Code 130106, attached hereto as £XHI81T D and incorporated herein by reference, including but not limited to removal of trees and other major or native vegetation, grading, paving, installation of structures such as signs, buildings, etc., or shall occur or be alloyed on the Protected Land with the exception of the following subject to applicable governmental regulatory requirements: (a) the removal of hazardous substances or conditions or diseased plants or trees; (b) the removal of any vegetation which constitutes or contributes to-a fire hazard to residential use of neighboring propnrti.s, and which vegetation lies within 100 feet of existing or permitted residential development; (c) the installation or repair of underground utility lines and septic systems; (4) Other: S. RIGHT OF ENTRY. The Commission, any Grantee accepting this Offer, or their respective agents n; sister onto the Property at times reasonably acceptable to the Grantor to ascertain whether the use restriction Set forth Li p sum, caps. -4- o ) - .. 161 3. 2 3 4 5 7 8 9 10 11 3.2 13 14 15 18 17 18 19 20 21 22 23 04 28 26 27 Del 0 0 — - 4 2167 above are being observed. 6. RENEFIT AND BURDEN. This Offer shall run with and burden the Property and all obligations, tans, conditions, and restrictions running with the land and chill be binding upon and inure to the benefit of the successors and assigns of both the Grantor and Grantee, whether voluntary or involuntary. 7. REMEDIES. Any act, conveyance, contract, or authorization by the Grantor whether written or oral which uses or would cause to be used or would permit use of the Protected Land contrary to the ten, of this Offer will be deemed a violation and a breach hereof. The Grantor, any Grantee accepting this Offer and any offeree of this Offer say pursue any and all available legal and/or equitable remedies to enforce the tar.o and conditions of the Offer and easement and their respective interest in the property. In the event of a b&each, any forbearance on the part of any such party to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. B. TAXES AND ASSESSMENTS. Grantor agrees to pay or cause to be paid all real property taxes and assesseents levied or assessed aga 4 st the Property. It is intended that this irrevocable offer and the use restrictions contained herein shall constitute enforceable restriction- within the waning of a) Article XIII, 18, of the California Constitution; and b) 1402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, this Offer, easement and restrictions she" be deemed to constitute a •rvitude upon and burden to the Property within the meaning of 13712(d) of the California Revenue and Taxatinn Code, or successo statute, which survives a sale of tax-deeded property. 9. MAINTENANCE. The Grantee shall not be obligated to maintain, -5- 11\ L C 0 B 32 X I 0 o v 0) G 13 .11 2168 improve, or otherwise expend any funds in connection with the Property or 2 any interest or use.ent created by this OUst. All costs and expenses for EJ 3 such maintenance, improvement, use, or posselsion, except for coats incurred 4 by Crania. for monitoring compliance with the tar.o of this easement, shall be born, by the Grantor. 10. LIABILITY AND INDEMNIFICATION. This conveyance is mad, and 7 accepted upon the express condition that the Grantee, its agencies, 5 departments, officer, agents, and employees are to be free from all liability and datm for damages by reason of any injury to any person or Persons, 0 including Grantor, or property of any kind whatsoever and to whomsoever U. belonging, including Grantor, from any ceo,. or causes whatsoever, except 12 matter, analog out of the sole negligence of the Grantee, white in, upon, 13 or in any way connected with the Property, Grantor hereby cortvenanttng and 14 agreeing to indemnify and bold harmless the Grantee, its agencies, departments 15 officers, agents, and employee, from all liability, lose, cost, and 16 obligations on account of or analog out of such injuries or lasses however 17 occuring. The Grantee shall have no right of control over, nor duties and 15 responsibilities with respect to the Property which would subject the Grantee 19 to any liability occuring on the land by virtue of the fact that the right 20 of the Grantee to enter toe land is strictly hefted to preventing uses 21 inconsistent with the interest granted and do.s not include the right to 22 enter the land for the purposes of correcting any dangerous condition as 23 defined by California Government Coda 4630. 24 It. IEVZRABILITY. If any provision of these restrictions is held 25 to be invalid or for any reason becomes unenforceable, no other provision 26 shall be thereby affected or impaired, 27 , -6- -j p •'\ t I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0- Dlk 0 2169 !xicut.d on this /1'day of .—.t, ll at Ian DI.go, California. MARK TN!LAN AND THE OAVIDAMI COMPANIES ,AgTNLZBHI, By. Odmark 4 Thilan/Batlquitos Ltd., a California limited partnership Bye Odmirk & Thilan, a California general partnership Bye The Odmark Development Company, a California corporation, general partner By',tlJ Tad P. Od.ark, President By. Ontiriovill, Holding Company, a California corporation, general partner By ___________________ in D. Thelan, President By. Davidson Coscan Partners. a California general partnership By, The Davidson Company, a California corporation, general partner William A. Davidson, President / I/I I/I I/I -7- - 77 -- .-. - I 2 3 0•' 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0 2170 STATE or CALIFORNIA I )s. I COUNTY or SAN DIEGO On before me, the under.ign.d, a Notary Public in and fora d state, personally appeared TED P. ODNARK, known to us to be the Prot ent of The Odmark Development Company, the corporal on that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of Odinark 6 Thelan, the general partnership that is known to me to be the general partner of Odmark & Th.Ian/BatiquitOl Ltd., the limited partnership known to at to be the general partner of Odmark & Thelan andThe Davidson Companies Partnership, the general partnership that executed th. within instrument, and acknowledged to tie that said last named partnership executed the same. WITNESS my hand and official seal. Chrl tin FA. UAI TAM cAto Notary Public Mr Com'" " 3 106 STATE OF CALIFORNIA )ass COUNTY OF SAN DIEGO On f2jf , before me, the undersigned, a Notary Public in and for Ai stat., personally appeared JOHN D. THELAN, known to ma to be the Pr .dent of Ontarioville Holding Company, the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the general partner of Odmark & Thelan, the general partnership that is known to me to be the general partner of Odmark 6 Thelan/Batiquitos Ltd., the limited partnership known to me to be the general partner of Odeark 6 Thelan and The Davidson Companies Partnership, the general partnership that executed the within instrument, and acknowledged to me that said list named partnership executed the same. WITNESS my hand and official seal, - Notary Public c'rAP my c.— t.mms ll' I/I -B- - I I - . _ I L..ó .. k- 25 X; [] I 2171 STATE OF CALIFORNIA I list COUNTY OF MN DIEGO On , befere a., the und.rslvnad, a Notary Public in and for said state, persona ly appeared VII.I.IAfl A. DAVIDSON, known t.' re to he the President of The Davidson Company, the corporation that executed the within instrument and known to as to be the person who executed the within Instrument on behalf of laid corporation, said corporation being known to of to be the general partner of Davidson Coecan Partners, the (enerat partnership that is known to me to be the general partner of Odmark Th.lan and Thu Davidson Companion Partnership, the. &.ti.r*I partnership that ..cut.d the within instrument, and acknowledged to ma that said last named partnership esacuted the lame. WITNESS my hand and official seal, C. SI1CftWI1 MOM Mm-alwo Im + No ry Public II, "I I/I -9-. 1\ L .............. . qq'M 0 D• I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 18 19 20 21 2' 23 24 25 :6 27 28 32X1 &I r2It I STAU 01 CALIFORNIA )Is COUNTY OF SAN FRANCISCO in the year On this ll day of all before Deborah L. hove feIsty Public, personally 6' appeared Joun hovers • personally known to as, at proved to we on the bioia of satisfactory evidence, to be the person who executed this instrument as STAfF COUNSFI. of the CALIFORNIA COASTAl. C0*4I5S1O1( and acknowledged to as that the CALIFORNIA COASTAl. COMMISSION executed it. LQJA4/& DEBORAH I. (lit NOTARY FUMUPWORNIA DFOR - NOT. PUN.I cltYcQufllyo $AIDCOU1ITY AND STAIZ SAN rtAtcco CvvWn¼,Iu'' 17 4I It ,•,, 2 FIA I 11 1 1 1. 1 1 1 2 2 2 2 2 9 2 -13• 44. 25> 0.1 a 0" 2172 This is to certify that the Offer to Dedicate let forth abovo is hereby acknowledged by the undersigned officer on behalf of the California Coastal Commission pursuant to the action of the Commission when it granted Coastal Development Permit Number 6-90-311 0. February S. 1991 and the California Coastal Commission consents to recordation thereof by its duly authorized officer. Dated:54'a&11/ I fJ Dcviii, staff Counail California Coaatai Cerataiton I' O rNammm 0 •"- - - - 2173 P. Isf o ORDER NO. 954020-12 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AMC Is DESCRIBED AS FOLLOWS: PARCEL As fl LI THAT PORTION OF LOTS ii MD 12 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARL8MD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER 0? THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33: THENCE ALONG THE WEST LINE OF SAID QUARTER-QUARTER SECTION SOUTH 0•4504N EAST, 787.64 TEE? (RECORD OF SURVEY NO. 6296 - SOUTH 1'20 142 EAST, 788.13 FEET) TO THE NORTHWEST CORNER OF SAID LOT 11 AND THE TRUE POINT OF SEGZNNZNOI THENCE LEAVING SAID WEST LINE ALONG THE NORTHEASTERLY BOWIDARY Of SAID LOT 11, THE FOLLOWING COURSES SOUTH 49'05 0 14' EAST, 228.20 FEST (RECORD OF SURVEY $0, 6294 - SOUTH 49'48 144' 1*1?, 228.23 FEET) SlID SOUTH 32'11'15' EAST, 236.26 FEE? TO THE NORTHEASTERLY CORNER Of LAND DEICRIRED IN DEED TO THE STATE OF CALIFORNIA RECORDED JULY 13, 1975 AS PILE NO. 78-292074 or OFFICIAl. RECORDSI THENCE LEAVING THE BOUNDARJ or SAID LOT 11 ALONG THE NORTHERLY LINE OF SAID STATE 2ND NORTH 59'10'56" WEST (OECD NORTH S9'12 1 13 WHAT) 115.72 FEET: THENCE LEAVING SAID STATE LAND NORTH 37'31'25" WEST, 149.14 7!!? TO THE BEGZN4ZNO OF A TANGENT 450.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY) THENCE )IORTHWE3TERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46'51 057, A DISTANCE 0? 340.23 FEE? TO A POINT OF COMPOUND CURVATURE WITH All 500.00 700? RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 4'3438 EM?: THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID 800.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 2721"3 4 , A DISTANCE OF 381.89 FEET TO A POINT COMMON TO THE NORTHEASTERLY. LINE OF MISCELLANEOUS SURVEY '. 637 (INTERSTATE - 5) AND TIlE NORTHWESTERLY BOUNDARY OF SAID LOT 12, A RADIAL LINE TO SAID POINT BEARS NORTH 2044'25" WEST: THENCE LEAVING THE ARC OF SAID CURVE ALONG THE BOUNDARY OF SAID LOT 32, THE FOLLOWINC COURSES NORTH 3'07'12" EAST, 234.43 FEET AND SOUTH 69'05'16 t......T, 454.45 TEE? TO THE POINT OF BEGINNING. 25x 0. 4 (7) 0 a I q 2174 D °11 0 ORDER MO. 933020-12 PARCEL 3* LOT 1 IN SECTION 33, TOWNSHIP 32 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF BAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. ALSO THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 W.ST, SM BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE or CALIFORNIA, ACCORDING TO THE OFFICIAL FLAT THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER 0? THE SOUTHEA!P? QUARTER OF SECTION 251 THENCE ALONG THE EAST LIME OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER NORTH 0*1212$N WEST, 746,00 FEET: THENCE SOUTH $9*4735A WEST, 334.09 FEET: THENCE NORTH 43'13'25" WEST, 205,17 FEET: THENCE SOUTH I9'47 1 3 WEST, 478.16 FEET, MORE OR LESS, TO THE EASTERLY LINE or THAT LAND DESCRIBED IN DEED TO A.H. VAIL, RECORDED JANUARY 31, 1390 IN BOOM 157, PAGE 493 0? DEEDS: THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND SOUTH 2347 1 15" EAST (RECORD )4ACNZI'IC BEARING 50(7TH 35'20' EAST) 140,56 FEET TO AN ANGLE POINT: THENCE ALONG SAID EASTERLY LINE SOUTH 1722 1 lS" EAST, 477.94 FEET (RECORD SOUTH 32'55'00 EAST, 453.59 FEET) AND THENCE SOUTH 19'25'45 WEST, 32256 FEET (RECORD SOUTH 0346 1 00" WEST, 326.50 FEET) TO THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTERS THENCE ALONG SAID SOUTHERLY LINE SOUTH 39'54'14" EAST, $55.00 FEE? MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THERLFROM THOSE PORTIONS DESIGNATED BY THE CALIFORNIA STATE HIGHWAY DEPARTMENT FOR FREEWAY AND SERVICE-ROAD PURPOSES, LEGALLY DESCRIBED BELOW AS PARCEL 1 AND PARCEL 2k, RESD"CTIVELY, AND THAT PORTION OF SAID LOT 1 THAT LIES WESTERLY OF SAID PARCEL 1. PARCEL 1: BEGINNING AT THE NORTH QUARTER CORNER F SAID SECTION 331 THENCE ALONG THE NORTH LINE OF SAID SECTXG*. 3, SOUTH $9'11'06 EAST, 263.65 F'T TO A LINE BEARING NORTH 32'46'41" WEST, FROM A POINT BEING AT COORDINATES Y-339,009.75 AND X.1,677,693.92 FEET: THENCE ALONG SAID LINE SOUTH 3246141N EAST, 561.91 FEET TO LAST SAID POINT: THENCE SOUTH 3616'49" EAST, 353.55 FE:?: THENCE SOUTH 25'27 13$" EAST, $5.35 FEET TO THE SOUTHEASTE'.LY LINE OF SAID LOT it THE?'*E ALONG LAS? SAID LOT LINE AND A....) tHE SOUTHEASTERLY LINE OF SAID LOT 4, SOUTH 33'09 1 27" WEST, $17.12 FEET TO A 14HZ BEARING SOi'H 31'00 145 EAST 1 32 x I _Z El - a'.- 0 o S 'I 2175 r.1'/ ORDER NO. 956020-12 FROM A POINT BEING AT COORDINATES Y.33$,257.45 PU? AND X1,677,302.83 FEET: THENCE ALONG LAST SAID LINE NORTH 31'00 1 45" WEST, 361.54 FEET TO LAST SAID POINT: THENCE NORTH 1$'04 910" WEST, 457.06 FEET; THENCE NORTH 25 1 07 1 11" WEST, 43.40 FEET TO THE WESTERLY LINE OF SAID LOT 1: THENCE ALONG SAID LOT LINE NORTH 0'54 154" WEST, 724.72 FEET TO THE POINT OF BEGINNING. PARCEL 2A: A STRIP OF LAND 60 FEET WIDE, THE CENTER LINE OF SAID 60 TOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING IN THE WEST LINE OF THE EAST MALT OF SECTION 2$, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OP SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1924.32 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26, SAID POINT OF BEGINNING BEING AT COORDINATES Y-342,771.44 VEST AND X.1,671,15$.09 FEET: THENCE ALONG SAID EAST LINE SOUTH 028 1 30" WEST, 743.06 FEET: THENCE ALONG A TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 10,000 FEE? THROUGH AN ANGLE OF 21'25 127 0 , A DISTANCE OF 373.92 FEET: THENCE TANGENT TO LAST SAID CURVE SOUTH 20'56 1 57' EAST, 3065.43 FEET TO A POINT DISTANT 30.00 FEET AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1 Of SECTION 33 OF SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST: THENCE PARALLEL TO SAID LOT LINE NORTH 69'05'40" WEST, 100.00 FEET TO A POYNT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 80'0$125" LAST, 156.58 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LOT 1, LAST SAID ANGLE POINT BEING THE WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 6951 1 02" WEST, 454.3$ FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1941 IN THE OPtIC? OF THE RECORDER OF SAN DIEGO COUNTY. PARCEL C: ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSRAL, COUNTY OF SAN DIEGO, STATE Of CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, LYING NORTHERLY AND NORTHEASTERLY U? THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHWEST QUARTER OF THE 5OUin&AST QUARTER OF SECTION 2$: THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 0'12 1 25" WEST, 746.00 FEET TO THE TRUE POINT OF BF.GINXNG OF THE HEREIN DESCRIBED LINE: THENCE SOUTH $9 147 1 35" WEST, 334.09 FEET: THENCE NORTH 4315 1 25" WEST, 205.17 'UT: THENCE SOUTH $9'47 1 35" WEB?, 475.16 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THAT LAND DESCRIBED IN xl ': - .• :ii•- ;.- C- rI. __ 0) 0 ---4.- 2176 1 ORDER NO. 916020-12 Li DEED TO A.M. VAIL, RECORDED JANUARY 31, 1890 IN BOOK 157, PAGE 493 0? DEEDS: THENCE ALONG THE EASTERLY LINE OF SAID VAIL'S LAND, NORTH 2347 1 15" WEST, (RECORD MAGNETIC SEARING NORTH 3$'20' WEST), 456.25 FEET TO THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28. EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN A STRIP OF LAND 60.00 FEET WIDE, THE CENTERLINE OF SAID 60 FOOT STRIP IN THE AFOP5AID LANDS IS' PARTICULARLY DFSCRIBED AS FOLLOWS BEGINNING AT THE WEST LINE OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEED, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY or SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DISTANT NORTHERLY ALONG SAID WEST LINE 1926.32 FEET FROM THE SOUTHWEST CORNER 0? THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28, SAID POINT OF BEGINNING BEING AT COORDINATES X-1,677,151.09 FEET AND Y342,771.44 FEET: THENCE ALONG SAID MAST LINE SOUTH 00'28'30 0 WEST, 743.06 FEET: THENCE ALONG A TANGENT CURVE CONCAVE TO THS WEST HAVING A RADIUS OF 1,000 FEET THROUGH AN ANGLE 0? 31'25 1 27", A DISTANCE OF 373.93 FEET: THENCE TANGENT TO LAST SAID CURVE SOUTH 20'86 1 51" LAST, 3088.43 FELT TO A POINT, DISTANT 30.00 FEE? AT RIGHT ANGLES FROM THE SOUTH LINE OF LOT 1 OF SECTION 33 Of SAID TOWNSHIP 12 SOUTH, RANGE 4 WEST: THENCE PARALLEL TO SAID LOT LINE NORTH 69'05'40 WEST, 100.00 FEET TO A POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 6'0625 EAST, 156.58 FEET FROM AN ANGI.! POINT IN THE SOUTHERLY LINE OF SAID LOT 1 LAST SAID ANGLE POINT BEING WESTERLY TERMINUS OF THAT COURSE SHOWN AS "NORTH 69'58'02" WEST, 454.38 FEET" ON RECORD OF SURVEY MAP NO. 1676, FILED NOVEMBER 26, 1947 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY AS GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 8, 1961 AS FILE NO. 136333 OF OFFICIAL RECORDS. fr 2x1 0 IM 2177 t&UJAtio ,iI I state OF C*I.10INA...?$ IftOulcil .01..C' - -- - CALIFORNIA COASTAL COMMISSION r j OAPI O.1C0c0uT OsII0.Ct I33 CAui..0 oft ue Souls. $0110 III - 5*5 0.100 CA flI.3178 ,,?. 04"e Filed: 11/24/90 49th Day: 2/11/91 0 100th Day: 6/20/9I Stayr: Pow-So Staff Report: 1/1/91 Hearing Date: 2/5-0/91 LULcM(.NDA.! LE! REPORT AND PRELIMINARY R(COMMCNOAT(ON Im Application No,: 610-311 Applicant: Odmark & Thelan and The Davidson Company Description: Subdivision of a vacant 41 acre parcel into 79 lots and construction of 72 three- and four-bedroom single family residences. Lot Area 41 acres Building Coverage 191,560 sq. ft. (11%) Pavement Coverage 240,000 sq. ft. (13%) Landscape Coverage 546,209 sq. ft. (31%) Unimproved Area 799,264 sq. ft. (45%) Parting Spaces 222 Zoning 1-1-7500 Plan Designation 0tH/RH/0S Project Density 1.9 4,14 Ht abv fin grade 29 feet Sit.: East of 1-5, South of Pointsettia Iane at southerly terminus of Batiquitos Drive. Carlsbad, San Diego County. AN 216_150_3, -5, & - 214-110-17. -21 1 -22. STAFF NOTES: Summary of Staff's Preliminary Recommendation: Staff is recommending approval of the proposed .ject subject to special conditions requiring redesign of the road and ,._ lding sites in the sout.:eStern portion of the site to eliminate the proposed fill located in the wetlands buffer and the encroachment on steep slopei at the western terminus of Fiori Court; submittal of a detailed revegetatlon plan for all manufactured slopes; recordation of a irrevocable off.., to dedicate all wetland area;; recordation of a deed restriction placing all wetland buffer areas and all areas located on naturaijy vegetated steep slopes in permanent open space; submittal of a sign pion for the public parking/access Improvements; a r't restriction against any grading or construction during the California Onatcatcher nesting period; and, a submittal of revised grading and erosion control plans including a restriction on grading during the rainy season. e l i I - itT'D- I! ¶4 5x o Li 0 .0 2178 6-90-311 Page 2 $ubctantivi File Documents: Certified City of Carlsbad 1110110 It Segment i.CP Final env ironmental impact Report Sroctato at datlquiton Shores rftIMIJM!JTLLJM1..NO&UQM: The staff recommends the Commission adopt the following resolution: 1. poya I ..9nttti.2n The Commission hereby ggjt. a permit for the proposed development, subject to the conditions below, on the grounds that the development, an conditioned, will be in conformity with the adopted Local Coastal Program, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. IL. Standard Conditlont. See attached page. 111. Special Conditions. The permit is subject to the following conditions: 1. Revised Plin. Prior to the issuance of the coastal development permit, the applicant shall submit revised site and grading plans approved by the City of Carlsbad documenting the elimination of e .romchmer,tt into the 100 foot wetland buffer and onto naturally vegetated steep slope areas adjacent to Lots 51 and 52 for Fiori Court improvements, for the fill structure supporting Fiori Court, and for referenced building sites. The plans shall be submitted to, reviewed and approved in writing by the Executive Director, 1L 2. Control. Prior to the issuanc, of the coastal development permit, the applicant shall submit final grading plans approved by the city of Carlsbad which shall incorporate the following: A. All grading activity tbi'' be prohibited between October 1st and April 1st of any year. Prior to inmmencement of any grsdinq activity, the permittee shall submit a grading schedule which indicates that grading will be completed within the permitted time frame deign,..d in this condition and that any veriat ion (run the ichdule u'.. .1 be promptly reported to the Lecutiva Director, 0. All permanent runoff .snd erosion control devices shall be 1.v,iope,3 and Ins talled prior to or concurrent with any un-site grading activities, C. All areas disturbed, but not completed, during the construction season, including graded pads, shall be stabilized in advance of the rainy season. The use of temporary erosion control measures, such as beret, interceptor ditches, sandbagging, filtered inlets, debris basins, and silt traps shall be utilized in conjunction with plantings to minimize soil loss from the construction site. Said planting shall be accomplished under the supervision of a licensed landscape architect, shall provide .--'equate coverag, within 90 days, and shill utilize vegetation of species I - - - - —r— T -J I 25 x 0 0 ci- 2179 b-O-3ll Page 3 1 compatible with surrounding native veijetotion, subject to ExutIv Director approval. 3. Prior to the issuance of a coastal development permit, th, applicant shall record an irrevocable offer to dedicate to a public agency, or to a private association acceptable to the Executive Director, an open space easement over the area shown on the attached Exhibit '3 • and ge.rally described as the on-site wetland area identified in the wetland survey conducted for the proposed project (Recon, 1909). The document shall include legal descriptions of both the applicants entire parcel(s) and the easement area. The offer shall be irrevocable for a period of 21 years, shall run in favor of the People of the State of California, binding successors and assigns of the applicant and/or landowners, and shall be recorded prior to all other liens and encumbrances, except tax liens. The offer to dedicate shall be In a form and content acceptable to the Executive Director. 4. Open Space Deed Restriction. Prior to the Issuance of the coastal development permit, the applicant shall record a restriction against the subject property, free of all prior liens and encumbrances, except for tax liens, and binding on the permittees successors in interest and any subsequent purchasers of any portion of the real property. The restriction shall prohibit any alteration of landforms, removal of vegetation or the erection of Structures of any type, except as herein approved pursuant to Condition I 5, in the area Ifiosin on the attached Exhibit 'I', and generally described as all naturally vegetated areas of 25% grad, or greater left undisturbed pursuant the the final approved plan, the proposed open space areas as approved by the City, and the required lagoon buffer zone. The recording document shall include legal descriptions of both the pplicant's entire parcel(s) and the restricted area, and shall be in a form and content acceptable to the Executive Director. Evidence of recordati's of such restriction shall be subject to the review and written approval of the Executive Director. S. LJ1su1ping/Rtyqeigji.9ft.1.jJn, Prior to the issuance of the coastal - develop permit, the applicant shall submit a final landscape and r,v.getitlon pun indicating the type, size, extent and location of all plant materials, any proposed Irrigation system and other features to rev.getate those portions of the steep slop, areas ti.. are disturbed by the proposed ..velopm.nt, enhance existing disturbed areas and screen the project from views from interstate I and the lagoon. Drought tolerant native and naturalizing plants shall he utilized to the maximum extent fsible to re-establish the area consistent with its present character Said plan stall be submitted to, reviewed by and approved in writing by the Executive Director. b. C_.jjjqfnJ..a8j.ac._4led Gnjtcatcjier Nesting. Grading occurring within any coastal sage scrub or chaparral vegetated areas shall be prohibited during the period of March 1 to June 1 of each year. Prior to the onset of the California black-tailed gnatcatcher nesting season (March 1 to June 1 of each year), a qualified wildlife biologist shall conduct a survey of the site. Additionally, if Inatcatcher nesting is observed, the applicant shall Submit a 32x1 ___•.x_.._.i_ 9 0 2180 t-t0.311 Page 4 o - gnatcatcher protection plan to the Executive Director for reviiw and Approval in consultation with the Department of fish and Dime, 7. Prior to the issuance of a coastal development permit, the applicant shall submit a runoff control plan designed by a licensed engineer qualified in hydrology und hydraulics, which would assure no increase in peak runoff rate from the developed site as a result of a ten-year frequency storm over a six-hour duration (10 year, 6 hour rainstorm), Runoff control shall be accomplished by Such means as on-site detention/desllting basin(s). Energy dissipating measures at the terminus of Outflow drains shall be constructed, the runoff control plan including supporting calculations shall be submitted to and determined adequate In writing by the Executive Director. IV. Findings and Declarations. The Commission finds and declares as follows: 1. Detailed Project Description. Proposed is the construction of a 79 lot subdivision of a 40.9 are site and the construction of 72 single family residences. A total of seven open space lots will be created as part of the subdivision. The proposed ningla family residences will be three and four bedrooms, and will be a maximum of 29 feet high. A total of 216 prIvet's parting spaces and 6 public parking spaces will be provided. About 235,000 cubic yards of cut and 354.700 cubic yards of fill are proposed to implement the proposed site Plan, resulting in Cut and fill Slopes of up to 30 feet in height. Imported fill will be obtained at an adjacent site, where grading was approved under COP 16•17-680-A9 (Aviara), The proposed prnject also includes the grading and construction for latiquitos Drive, a circulation element road extending across this site and onto the Aviari site to the east. Internal roads will also be constjcted, including Broccato Lane, which will also serve as an access road to one of the trallheads for the Batiquitos Lagoon public trail system. Sic public parking spaces will be locued near the Southerly terminus of Broccato Lane. A desilting basin is proposed for the southeastern corner of the site. The site of the proposed development In lu, td along the north short of ItIquitA9 Lagoon, Immediately east of I•5. The property is a flat-bottomed, southeast trending canyon which leads down to the shore of Batiquitos Lagocn. While much of the bottom of the canyon and numerous areas along the walls of the canyon have been .disturbed, exten:ive coastal sage scrub vegetation occurs on the higher and steeper ;ortions of the calsyois slopes along the northern, western and easter,, oroperty lines. Approximately 12.4 acres of the site are contained in slopes in eucexs of 25% (7 grad.. As stated ahoy,, the steeper slopes tend to be concentrated along the P l' northern, eastern and western edges of the property. Of these 12.4 acres, - I approximately 6.7 acres of undisturbed slopes in excess of 25% occur on the t! 1 .. 32x1I i• .---- - -.. ----- - 40 IN I 0 2181 k•0-3ii Page 5 .1 site. The property is located inynd1Ct.1y adjacent to the open water areas of eatiuitos lagoon, and extensive areas of wetland vegetation and soil types occur on the property. A wetlands determination was conducted for the property, utilizing Federal criteria for Identifying wetlands, Both coastal salt marsh and brackish marsh wetland types were identified on the project site, and a wetland boundary and accompanying 100-foot buffer were delineated. Although located in the Batiquitos lagoon area, the project site is governed by the Mello 11 segment of the City of Carlsbad's certified Local Coastal Program (LCP). The project site is both planned and zoned for residential uses. Maximum residntia1 density allowed on the site is about six dwelling units per acre. Proposed density of the site if the project is fully implemented will be less than two dwelling units per acre. The project site also has several specific LCP policies that apply to it that will be discussed in greater detail below. The site is bounded on the west by a fill slope for I—S and some residential development, by residential development on the north, and by portions of the dedicated open space associated with the Aviara Master Plan area to the Cast. Satiquitos Lagoon is located immediately to the south of the site. . 2. ygooipin on Uffpjj,ftjflj9ttifLjgfljjjijtjJi11t Arej. ' Saction 30231 of the Act stat.s: The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of hu'4n health shall be maintained and, where feasible, restored through, among other meant... controlling runoff,... Section 30240(b) of the Act states: i' (b) Development in areas adjacent to environmentally sensitive habitat areas and park% mOd recreation areas shall be sited and designed to prevent impacts which would significantly degrade such areas, and shall be compatible with the continuance of such habitat Section 30253 of the Act states, in part: New development .hall: (2) Assure stability and tructuril integrity, and neither create nor contribute ''si(icant1y to erosion, geologic instability, or destruction of the site or surrounding area. In addition to these provisions. Section 30230 of the Act requires that special protection be given to species of biological significance. ji p .1 - . ---------.-- o) .r' 5xI) 9 - - 2182 6 -90.31 Page 6 As previously stated, the subject site is located In area subject to the Meflo-I t segment of the City of Carlsbad's LCP. Steep slope ar.as Ire afforded special status due to the presence of naturally occurring chaparral/coastal sage scrub slopes in the general area and due to the fact that many of the steep slop, areas drain to Ratiqultos Lagoon. in recent years, decline of California black-tailed gnatcatcher populations which rely on natural chaparral vegetation once common to the area have led to this specie's candidate status on the.rc'S.ral endangered species list and to an increasing concern over the retention of large, contiguous naturally vegetated areas. The ICP regulations pertaining to steep slopes as drafted by the City and Certified by the Commission seek to protect only those slopes which contain both areas of 25% grade and greater and natural coastal sage scrub/chaparral vegetation. As will be discussed In further detail, while the subject site contains steep slopes, the site has been extensively disturbed. The intent of the LCP policies Is to hut the wholesale removal of native vegetation, recontouring of natural landforms and installation of impervious surfaces. A detailed slope analysis and biological survey conducted for the site indicates that about 12.4 acres of the site are 25% grade or greater. Of these slopes, a total of about 8.1 acres contain natural vegetation, Including Oiegan coastal sage scrub, southern mixed chaparral and baccharis scrub plant communities. California black-tailed gnatcatchers have been sited in the Diegan coastal sage scrub and southern mixed chaparral dominated steep slopes on the western and eastern margins of the property. Implementation would result in a total loss of approximately 1.49 acres of Diegan coastal sage Scrub, 0.02 acres of mixed chaparral and 0.8 acres of accharis scrub vegetation. Of this total, about 1.2 acres of steep, undisturbed habitat area Is proposed to be developed as a result of this project. Although the provisions of the Rollo Ii LCP seek to maintain the maximum amount of steep, naturally vegetated hillsides, the LCP does contain .,,ecifle policy language regarding the application of the policy. The LCP states: For those slopes mapped . possessing edangered plant/animal species and/or coastal sage scrub and chaparral plant communities, the following shall apply: thei r natural state unles s heappLicp~tion of this 00lic y wouLd_prejude th,1r,pert,_in which se an encroachment not jo enc.ed JO% ofjha .tetp ope.sr_e&9v.rJ5..orlde_m4LDtp?rmJji..d.. or existing legal pareels, with 25% grade, encroachment shall be permitted, however, any Such encroachment shall be lim4 t.d o that at no time is more than 70% of the entire parcel (including areas under 25% slope) permitted to be disturbed from its natural state. This policy shall not apply to the construction of the City's Circulation Clement or the development of utility systems. ;ngs if there is no leenvironmentjjjyamaging alternativeavailabls (emphasis added). 1* r111 (I 0 I 0) - - - 0 G A .._ 2183 610.311 P4;• I LI Within the context of this project, the allowance of the development of steep slopes would be subject to these provisions. A; currently proposed, a total of 1.2 acres of encroachment onto steep, undisturbed and naturally vegetated Slopes would occur. This clearly exceeds the 10% encro4c11mcnt which may be allowed to avoid precluding any reasonable use of the site. Batiquitos Drive, however, is a circulation element road in the City of Carlsbad. It will provide access from Points.ttia Drive (north of the project site) and th. Aviara Master Plan area (east of the project site). Under the UP policies, circulation element roads are exempt from the steep slope policies. Non-circulation element roads may be allowed to cross steep, naturally vegetated areas in order to provide access to flatter, more developable areas of the site. Florio Court is a short, non-circulation element road that provides access to the northeastern corner of the site. A total of twelve building sites would be accessed from Florio Court. In materials submitted with the coastal development permit application, the applicant has indicated the total amoant of grading that would be required for eatiquitos Once alone. That i, the applicant had demonstrated the gradiig that would be required exclusive of the proposed development. This grading for a circulation element road would result in a total areal extent of grading of about 26,000 to 27,000 square feet of naturally vegetated, steep undisturbed slopes. This is equivalent to 0.60 to 0.62 acres, which would reduce the total area of steep, naturally vegetated slopes to be developed to below the 10% limit of area which may be allowed to be graded in order to avoid precluding reasonable use of the site. In addition to the grading for eat Iquitos Drive, the grading for Florio Court wouldol;o disrupt steep, naturally vegetated hillsides. e protected areas In the northeastern corner of the site, however, are relatively isolated pockets tPvt are interspersed with flatter disturbed ar-is that are suitable for development. The areas that are pronosed for development are only tenuously connected to those portions of the site the, comprise the large, contiguous areas of natural vegetation, The same finding can be made for other, smaller areas adjacent to parcels 56 to 60, inclusive, since some grading for Inc widening and improvement of the existing broccato Line I. required to provide access to the southerly portions of the site. There is Additional grading of proteL..i area; that does not necessarily meet the exemption standards provided in the LCP. The grIdini associated with the extension of Fiori Court to the west of Droccato tune and lots 51 and 5? would result In tic grading of naturally vegetated steep slopes that are part of the larger contiguous hnbitat area 'that would ordinarily t' preserved under the policies. In addition, as stated below, the grading for this portion of the property would n1oach into the wetland buffer. Special Condition 01 has been proposed, in part, to address this encroachment onto steep slope areas that are suitable for preservation. This condition I c: 32X1 . -__9 e 0 • .. a • 2184 6 50311 Page t would require the redesign of those areas at the end of the F tori Court U c:1-do-sac to avoid the proposed encroachment into protected areas. This will avoid an impact that dons not necessarily qualify for the exemption as identified in ICP policies, as well as result in a redesign of that area to increase the distance of the residential development and the road from lagoon resources. Special Conditionl2 is also proposed as a result of the presence of protected slopes on the project site. This condition would require the submittal of a detailed grading and erSiOn control plan designed to avoid erosion and 'ubsequent sedimentation impacts to the nearby sensitive wetland resources of 8atiquitos Lagoon. in addition, the condition prohibits grading during the winter months, when rain and resulting erosion is most likely to occur. Similarly, Special Condition 15 requires submittal of a final revegetation plan for all disturbed areas to further prevent erosion of the site. The applicants have submitted a preliminary landscape plan that utilizes extensive plantings of native vegetation. Submittal of final plans to the Executive Director for approval in consultation with the Department of Fish and Game will help to guarantee appropriateness of the landscaping/revegetItion plan for erosion protection, and to assure compatibility with surrounding open space areas. Also adequate screening of what will be a highly visbli development from views from interstate 5 and the lagoon is required in order to assure consistency with Sections 30240 and 30251 of the Act, s Special Condition 16 details the methods for protecting against California black-tailed gnatcatcner Impacts. Grading will be prohibited in areas where guatcatcher nesting is likely to occur during the species' nesting season. IV qnatcatcher nesting is observed on the site, a plan for the protection of the nests is to be submitted for the review of the Executive Director in consultation with the Department of Fish and Game. The plan will include, at a minimum, staking of the appropriate buffer zones around any identsied nesting sites. Special Condition 07 requires submittal of the final drainage and e,osion control plans, approved by the City of Carlsbad, and designed to assure no increase in the peak rate of runoff associated with the developed site when compared to undeveloped conditions. This requirement is consistent with the language contained in the Carlsbad LCP and past Commission precedent, and is especially appropriate for developments such as that proposed which lies iuTruediately upstream of Datiquiton Lagoon. Flulally, Special Condition 14 requires that all ste.p, naturally ve1et3tad slopes not specifically approved for development in this permit be placed under an open space aced restriction. The condition also requires the deed restriction be placed on all areas proposed as open space and rc4uired by the City, disturbed portions of which will be enhanced to help mitigate for the loss of undisturbed slope areas approved for development. 'his will protect against any inappropriate development of these areas in the future. ibis condition also addresses protection of the wetland buffer as will be discussed in further detail below. 71 - S . • L: ... ' --.--..-.--.. 25X (9) 0--- 2185 6-90.311 Page 9 32 X I In 5u111niry, although some development of ordinarily Protected areas is Specifically approved in this application, the development approved Is consistent w!h the exemptions contained in the Mello It LCP language. Other Proposed intrusions Into protected areas are identified and prohibited under the terms of Special Condition •1. Additional special conditions are proposed to protect against Impacts to wetland areas that are associated with development and to protect against impacts to the California black-tilled gnatcatcher. Therefore, the Commission finds that the subject development, as conditioned, is consistent with Sections 30231, 30240 and 30713 of the Act. 3. W,Uott..,,tqvrut, Sections 30231 and 30240 of the Act also Silk to protect against Impacts to wetland areas. The subject site contains not only coastal salt marsh resources within Satiquitos Lagoon, but also brackish marsh resources and some unvegetated wetland areas that have been subject to human Impacts. eatiquitos Lagoon It an important component in the region's wetland system. The over 600 acre wetland is served by a watershed of over 12 square miles, and has been the subject of an on-going program for developing a restoration plan for restoration and preservation of the lagoon's resources. It is also one of the 19 'high priority' wetlands as Identified by the O.pirtm.nt of Fish and Oame and afforded special status In Section 30233 of the Act. The biological productivity of the lagoon and Its environs is expected to be restored In the future as a result of the pending restoration efforts. As stated above, a wetlands delineation has been conducted at the site, and a wetlands boundary and 100-foot buffer area Identified. Special Condition 13 would require that an offer to dedicate upon space easement be recorded over the area actually containing wetlands. In past action, the Commission has found that the best method by far of protecting wetlands is for public control through a fee dedication or easement in favor of a public entity. In this fashion, the protection of the wetland areas can be assured. In this particular case, however, the 100-foot wetland buffer that would ordinarily be applied has been compromised by both the site onfigur.tion, existing development and proposed development. In the southeastern corner of the sit., the property is extremely narrow, and an existing unimproved road extends virtually to the edge of the wetland. In this portion of the site, the provision of a 100-foot buffer Is Impossible due to the configuration of the site and the existing improvements. There is so proposed in this area a detention basin designed to protect the weil 4 area. Although this extends Into the buffer, and Is ordinarily a use not permitted within it. buffer, it is located in the upper fifty feet of the buffer and is separated from the wetland by the existing road, At the western end of Fiori Court, however, the right-of-way line for the Fiori Court cul-de-sac extends into the area that would normally be designated as buffer. In additlu,,, the fill slope extends to within about 50 feet of the delineated wetland area, requiring the access path to be within the lowr SO feet of the buffer. 0 26 I 0•-' 0 2186 6.90-311 Page 10 O In past actions, the Commission has allowed minimal public improvements (e.g. Pathways. fencing IN interpretive signs) necessary for passive recreational uses to occur within wetland buffer areas, provided that they were confined to the upper fifty feet of the buffer. In the case of this development, the public access pathway that is provided as a component of the lagoon pathway systsm includes an it-grade paved pathway, requiring minimal grading, through much of the upper portion of the buffer, and due to topographic restraints and existing development, makes minor intrusions into the lower fifty feet where neretcary to prQvide a pathway. In the area of Piori Court, however, the design of the pathway and the location and design of Fiori Court extend a full fifty feet into the buffer, and will result in a 16 foot high fill slope the toe of which extends to the fifty-foot line. While the path utilizes the fl'l slope to climb the grade from the base of the slope to the terminus of the path at Fiori Court, it is clear that the grading for and elevation of the road and the building pads on the adjacent residential lots, as designed, dictate the need for the fill slop.. The proposed finish elevation of the Fiori Court cul-de-sac is 32 feet. which compares to an existing elevation of 20 feet at the center of the cul-de-sac. While some fill Is necessary to meet roadway standards and to allow transition to the adjacent residential pads at existing elevation of 30 to 40 feet, the fill structure that in proposed is not consistent with pest Commission actions regarding wetland buffers. As the name implies, buffers are required to place a protective distance between new development and a sensitive wetland. In -• . ;.. this Instance, the fill slope, in itself a development, is proposed to occur within the buffer. Although the path uti lies the fill to reach the cul-de-sac, the Coonsission would not ordinarily allow such a fill slop, for the support of the trail, even if no additional development had been proposed .....-$nril4ance on the fill, Special Condition Il requires a redesign to, in part, remove the fill slope from the buffer area. It would require submittal of revised plans utilizing crib walls, retaining walls, reorientation of the street cul-4e-sac or other means to eliminate the encroachment into the buffer area. The special • condition, as detailed above, also seeks to reduce the encroachment onto steep slopes adjacent to '." cul-de-sac, to avoid inconsistencies with slope F preservation policies. Again, redesign of the western terminus of Fiori Court and Lots 51 and 52 is feasible to ichleve a less e''lronmentally damaging design, maximize the distance between the r' ',ntial development and lagoon resources, and eliminate the proposed encroachment on the adjacent sensitive slope area • Given these two special conditions, the Commission finds that the miximum amount of protection of wetland areas has been applied to the site while still allowing reasonable develnnment to occur. Therefore, the Commission finds that the subject proposal, as conditioned. Is consistent with Sections 30231 and 30240 of the Act. C _ flU 1 i •j -- • •••. 2XI - .i_.. • 25 m' IJ 0 2187 6-90-311 Page 11 4. Local Coastal Plannjg. Sections 30170(f) and 30171 of the Coastal Act were spedal legislative amendments which required the Commission to adopt and implement a Local Coastal Program for portions of the City of Carlsbad and County islands prior to specific statutory dates. The subject property is located within the jurisdiction of the City of Carlsbad's Local Coastal Program (LCP) Mello 11 Segments The project site is subject to three separate land use designations. The proposed development is consistent with these LCP land use designations and with the LCP ordinances that govern density and character of the site and its surroundnq area. The certified LCP does have several unique policies that apply to this specific site. First, at least two thirds of the permitted development shall be clustered on that half of the property located farthest from the lagoon. The subject proposal is consistent with that policy, with 67% of the proposed dwelling units located on the northern half of the property. Second, all existing mature trees must be preserved. While this would not ordinarily be applied to all projects in the coastal ion, today in the absence of a specific LCP policy, the existing Eucalyptus groves will be retained. Third, the LCP requires the irrevocable offer to dedicate the trail easement necessary for the shoreline access trail and for necessary parking must be recorded in favor of the City of Carlsbad and the State Coastal Conservancy. Such an irrevocable offer to dedicate has already been required by the City of Carlsbad. fourth, land divisions are only o.rmitted on parcels bordering the lagoon pursuant to a single planned development aerisit over the entire original parcel. The base residential density for such developments is set at a maximum of 12 units per acre. The proposed development has been approved under a single application and consists of a gross density of less than two dwellin inits per acre. In addition, the Mello It LCP has specific provisions that ha.: been cited above governing development of steep slopes and protection of wetland resources. The proposed special conditions have been developed to provide consistency with Chapter 3 policies and with the policies of the certified Mello IL LCP. Ther...te, the Commission finds that the subject development, as conditioned, is consistent with the policies of the certified LCP. el sTaNOARQçOtjONs: 1. Notice of Rece5t and Acknowled.g!. The permit is not valid and development shall not conscience until a copy of the permit, signed by the perceittee or authorized agent, acknowledging receipt of tho permit and acceptance of th terms and conditions, is returned to the Commission office. 01 - .. 9) 0 0- S 2188 6 O•3Il Page 12 2. Api.i:i I n. If development has not commenced, the permit will expire two fl years rots the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3.ojp3Jarj. All development muSt occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Ii tpjio.n.' Any questions of intent or interpretation of any condition wil be resolved by the Executive Director or the Commission. S. jnjjj, The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. t.11Jil01pvrLt. The permit may be assigned to any qualified person, provided assigne, files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Cqnditlons Run with the Lan4. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. (031IR) l ,t XIII V -V... 0 ---.-.•.-"....- 2189 Ci EXHIBIT NO. I flPucAT)oN N - EIR a (-j.5tg BROCCATO I J.JCMO4 wjiP • - -.---.-- 4-- 25XIC - --------. QUALITY ORIGINAL (S) 0 [I: 0 2190 BROCC%TO C? I.iI .-,.'. L...f-..L SITE DEVELOPMENT PLAN -- )JJ \1sr (j L . \ . .. .-....ME a~ ri 74 rp SK 1Jn4 , LV C' y, ,,,-Wj - ;; jLF DE021 1990 I ft. 0 _ xI 25'( 0 ..rHr • \ %s$i \ 'z1 1iE3l i11 j OL (t4-flJ\ I I I, I \S\I so WiIIflI •rnnh.,, is 11 msselI SpRICO" too • gISdIf lK Cmr;sb@ LC t.*,4..j•r AL*A p $ •.t.,.i.s .g..i p t North Broccate at Batiqulto. lho.ros EtA F fire 9-c Wetland Boundary ana EXHIBIT NO. 3 APPUCATION NO -47 wmmos , ru I 0 0 0- 2192 CalifornIa Coastal Commission Sin 0Ii10 Distrh. or 10: Coissioners and DATE: 1/30/91 t'3 Interested Parties FROM: Staff FILE NO: 6 90-311 SUBJECT: Revisions to the Conditions and Findings of Stiff Report and Preliminary Recommendation, dated January 17, 1991 The attached Exhibit 14 was inadvertently omitted from the original staff report and preliminary recommendation distributed in the Commissioners' packets. Thos attached Exhibit IS his been submitted by the applicant in response to the preliminary staff recommendation, and represents a revision to the proposed project description. In response to the revised project plan, the staff recommends the following revision to Special Condition #1' 1, Revised Plans, Prior to the issuance of the coastal development permit, the applicant shall submit revised final site and grading plans in substantial conformance with revised plans attached as Exhibit IS, approved by the City of Carlsbad, and docinflting the maximum encroachment into the wetland buffer of the fill slope southerly of the Fiori Court cul-de-sac as 30 foot. Encroachment onto the naturally vegetated steep slope areas adjacent to Lots Si and 52 for the referenced building sites shall be •1 1m1atd as indicated in Exhibit •5. The plans shall be submitted to, reviewed and approved in writing by the Executive Director. In addition, staff recommends that the following condition and findings be attached to the staff report: 8. Brush Management Program. Prior to the issuance of the coastal development permit, the applicant shall Submit for the review and approval in writing of the Executive Director. a brush managem.n+ program for all residential lots located adjacent to open space areas, approved by the City of Carlsbad Fire and Planning Departments. The plan shall include a site plan showing a one-hundred foot dtstan0 beyond all planned structures, designating those areas suoject to clear-cut .egetatlon removal for fire protection purposes, and all those areas subject to selective thinning and pruning. Said program shall indicate that no clear-cut vegetation removal for brush management purposes shall be permitted within adjacent open space areas. Therefore this program shill establinh a minimum 30 foot setback tor residential structures from npeh S4C5 areas. the approved clearing shell be conducted entirely by State of California MEMORANDUM 1 .. Mi I " j 2 x I -- -. 25 El - -4 2193 Commissioners and interested Parties January 30, 1991 Page 2 [].e MAW means end shall be the absolute minimum for reduction of fire hazards. A greater than 30 foot setback may be required If the Fire Dept. indicates substantial clearing Is necessary within the 30 ft. to 100 ft. setback area, subject to Executive Director discretion, The requirement, of the brush management program shall be recorded as a deed restriction, against each lot affected by the brush management program, pursuant to Condition gi of this permit. 9. uid.ntiat Contruction Prior to issuance of the coastal development permit, the applicant shall record a deed restriction, in a form and content acceptable to the txecutive Director, prior to all liens and encumbrances and binding on the applicant and any successors in interest. The restriction in subsection (a) shall be recorded against lots 1 through 10, inclusive, lots 20 through 22, inclusive, lots 30, 31, 36 37, 40, 41 and 51 through 60, Inclusive. Subsection (b) applies to all residential lots. The recorded document shall provide the following: a. Building setback and brush management practices on these lots are limited, pursuant to Coastal Development Permit No. 3-90-311 on file in the Coastal Commission office. The - . specific restrictions shall also be recorded, with exhibits of required setbacks, pursuant to Condition lB of this permit. b. Building colors and materials are limited to earth tones, including deep shades of green, brown and grey, with no white or light shades, and no bright tones, except as minor -. accents, to minimize the residential development's contrast with the surrounding hillsides and open space areas. Staff recommends that Special Condition 16 be revised to road as follows: 6. flrja Blat )JitL2J#r Nntino. Prior to the connncncement o grading during the California black-tailed gnatcatch.r nesting season (Ma-1 1 to June 1 of each year), a qualified wildlife bI"i4st shall conduct a survey of the site between March 1 and April 1 and prepare a written report, suitable in form and content to the Executive Director in •snsultatlon with the Department of Fish and Game. Said survey shall consist of a minimum of three site visits on separate davi during the morning hours and shall occur no sooner tsar three weeks prior to the commencement of grading, Grading uhall be prohibited between March 1 and June I of each year if the survey Identifies active nests that would be impacted by said grading. If no active nests are 1; - rS 32x1 . 0 ) . 2 0 D-___ 2194 Commissioners and intereitid Parties January JO, 1991 P490 3 identified, grading may commence. The written report and anticipated data or commencement of grading shall be submitted to the Executive Director for review and written approval in consultation with the Department of Fish and Game prior to the commencement of any grading. Staff further recommends that the following changes be made to the supporting findings. First, the third full paragraph on page 8 should be revsed to read as follows: Special Condition #6 details the methods for protecting against California black-tailed gnatcatcher impacts. Grading will be prohibited during the species' nesting season In areas where gnatcatcher nesting is found to occur. Nesting qnatcatchers would be identified through a survey of the site, at a time when nests are likely to be found, prior to the commencement of any grading. if the Executive Director determines, in consultation with the Department of Fish and Game, that active gnatcatcher nests will not be impacted, grading may occur during the gnatcatcher nesting season. Grading shall be prohibited during the period of March 1 to June 1 if active gnatcatcher nests are found on the site. Second, the following paragraphs should be added at the top of page 9: In addition, brush management plini required by local government could have impacts upon the steep, naturally vegetated hillsides that are not portrayed In the submitted Special Conditions 18 and #9 have been formulated specifically to addresS these concerns. Special Condition 18 requires submittal of a brush management program consistent with tt approved by the City of Carlsbad Fire and Planning Departments. The plan shall include a site plan showing a one-hundred foot distance beyond all planned structures, designating those areas subject to clear-cut vegetation removal for fire protection purposes, and all those areas subject to selective thinning and pruning. Said program shall indicate that no cl.rcuc vegetation removal for brush management purposes Shai be permitted w1"4 n adjacent open space areas; thus. a 30 ft. setback for structures from open space areas shall be required. The approved clearing shall be conducted entirely by manual means and shall be the absolute minimum required for reduction of fire hazards. As conditioned, the Commission finds that the project would avoid v,ual impacts from vegetation clearance •0 ,.--- -H xl ___ L. -25X Pi 0 2195 Commissioners and interested Parties January 30. 1q51 Page 4 and the conditions help the project to achieve consistency with LCP and Chapter 3 policies dealing with visual resources and the protection of adjacent environmentally sensitive habitat areas. Additionally. Condition 19 requires that building materials for future residential construction on Lots 12 and 13 should be colors that are responsive and compatible with the surrounding natural hillside,. The requirements described above shall be incorporated into a deed restriction that will rli, with the land and serve to notify any future owners of the permit requirements. Therefore, the Commission finds that the subject proposal, as conditioned. Is consistent with Section 30240 and 30251 of the Coastal Act. Third, the last paragraph on Page 5 and the first four paragraphs starting at the top of Page 10 should be deleted and the following paragraphs inserted in their place: At the western and of Flori Court, the cul-de-sac, as revised, no longer extends into the area that would normally be designated as buffer. The revisions to the fill slope that extends in delineated wetland buffer area reduce the encroachment of the toe of the slope to a maxiinuø of 30 feet. Typically,the Commission only permits encroachment into wetland buffer areas for access improvements and fencing. While the fill slope, as revised, does allow for a stairway leading from Fiori Court to the lagoon access path, the structure is clearly not proposed solely for public access improvements. ''Whi'TI generally, the Commission is not supportive of grading In wetland buffers, Local Coastal Programs certified more recently than the 11.110 11 LCP have allowed some form of encroachment Into buffer areas, given the concurrence by the Deparment of Fish and Game that the encroachment will not result in impacts to wetland resources. in the case of this particular encroachment, the encroachment may be round to be acceptable for the following fasons. First, there are not structural improvements, other than the stairway, proposed to be located in the buffer, The cul-de-sac has been modifi,4 'o omit any structural improvements or right-of-way 'n the buffer. Additionally, no residential development Is located within the Second, the slope encroachment into the buffer, as proposed, will be subject to a vegetative enhancement plan that would require the use of native sp.'1øs 4n the buffer. This would allow for the improvement of the slope as a true transition I ' -- I 25x10 0 2196 Conrsissloners and Interested Parties January 30, 1991 Pages zone between upland and wetlind, and will be conducive to the maintenance of habitat values in the Lagoon. Third, in the areas surrounding the subject fill slope, the full 100-toot buffer is provided, with additional enhanced slopes located between the upland edge of the buffer and the proposed development. Again, this is conducive to the maintenance of habitat values through the establishment of a transition zone between wetland/buffer areas and adjacent uplands. Finally, the site plan, as revised, will result in about l feet of elevation difference between the toe of the slope and the finished elevation of Flori Court. This topographic difference can comp.nst., in part, for the reduction In linear diane between the too of the slope and the wetlands. Adotionally, compliance with the 100 foot buffer Could be achieved without reconfiguration of the proposed development by the use of an approximately sixteen foot high crib wall instead of the proposed fill slope, In this particular case, due to the visual prominence of the wall, the fill slop# is determined to be a less intrusive and less environmentally damaging alternative. For these reasons, the Department of Fish and Game has indicated that the proposed encroachment of the fill Slope into the buffer will not have significant impacts upon lagoon reource values. The Department has specifically stated that an enhanced fill slope will provide a more desirable transition ions from the developed areas to the wetland than would a Crib wall or similar structure. Therefore, although not generally acceptable, the Commission finds that the fill slope, as revised, is consistent with applicable Chapter 3 policies. Special Condition jI requires a submittal of final plans for the revised fill slope approved by the City of Carlsbad, In substantial conformance with those shown in Exhibit IS, documenting that the encroachment has been reduced to a meviminS of 30 lent. The special condition, as detailed ahove, alsu seeks to reduce the encroachment onto ct..p slopes adjacent to the cul-de-sac, to avoid inconsistencies with slope preservation policies. Again, redesign of the western terminus of Fiori Court and Lots 51 and 52 Is feasible to achieve i leis environmentally damaging design, maximize the distance between the residential development and lagoon resources, and eliminate the proposed encroachment on the adjacent sensitive steep slope area. (2lSOM) 0) .-. x II I (I .-.----- 2197 TU, BRXCATO 9 wit SITE DEVELOPMENT PLAN I IYA r16 IL T% 4i M N'$ i V iii:: tI DEC2t99Q . I- - - 1H -- I - -. • I * 25x1 'I j I Ll •-' /1 8. . fire (Y XHIBIT NO. XHIBIT NO, El. t . .- I a I XI __ a) 25x1 - I :T 1i1 EXHtBU'..Y 99 LOT 80 PqE 1 PORTIONS OF LOTS 1 AND 12 IN SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOtLOWSs COMMENCING AT THE SOUTHWEST CORNER OF MAP 7996 IN THE CITY OF CARLSBAD, COUNT! OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED AUGUST 5, 1974 IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT ALSO BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS 'NORTH 32' 45' 27' WEST, 561.79 FEET' ON RECORD 0? SURVEY 12541, IN THE CITY or CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED FEBRUARY 15, 1990, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE SOUTHERLY ALONG SAID LINE, SOUTH 32' 45' 27' EAST (SOUTH 32' 46' 41' EAST PER M.S. 637 ON FILE IN THE COUNTY OF SAN DIEGO), 484.78 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE LEAVING SAID LINE NORTH 33' 26' 33' EAST, 77.66 FEET P0 THE BEGINNING 0? A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THRC JGH A CENTRAL ANGLE OF 17' 00' 14', AN MC DISTANCE OF 44.52 FEET; jII I 25x10 p ~ 0 0 -. .----- ft(J1i 2200 2 of Li I THENCE LEAVING SAID CURVE TANGENTIALLY, NORTH SO' 25' 47" EAST, 33.40 FEET TO THE BEGINNING OF A TANGENT 70.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; 0- THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83° 34' 00", AN ARC DISTANCE OF 102.10 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY, SOUTH 450 59 13" EAST, 23.48 FEET TO 'THE BEGINNING OF A TANGENT 60.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 63' 01' 31.", AN ARC DISTANCE OF 66.00 FEET TO A POINT OF REVERSE CURVATURE WITH A 50.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE (W 92' 49' 09', AN ARC DISTANCE OF 81.00 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY, SOUTH 750 46' 5P EAST, 13.96 FEET TO THE BEGINNING OF A TANGENT 30.-GO FOOT RADtUS-CURIE-,--- CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 98' 37' 00", AN ARC DISTANCE OF 51.64 FEET; 4 Fi 25x 0 0 1X11 C 2201 THENCE LEAVING SAID CURVE TANGENTIALLY SOUTH 22' 50' 09' WEST, 26.49 FEET TO THE BEGINNING OF A TANGENT 80.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; 0' THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 71 0 15' 42', AN ARC DISTANCE OF 99.50 FEET TO A POINT OF REVERSE CURVATURE WITH A 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 31' 30' 46", AN ARC DISTANCE OF 55.00 TENT TO A POINT OF REVERSE CURVATURE WITH AN 80,00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90° 57' 25', AN ARC DISTANCE OF 127.00 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY, NORTH 72° 07' 48' EAST 26.12 FEET TO THE BEGINNING OF A TANGENT 90.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 35' 34' 44", AN ARC DISTANCE OF 55.89 FEET; THENCE LEAVING SAID CURVE TANGENTIALI.Y. SOUTH 72' 17' 28" EAST, 49.84 FEET, MORE OR LESS, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF BATIQUXTOS DRIVE, THE CENTERLINE OF WHICH IC ESCRIBED AS THE CENTERLINE ur PARCEL 2A IN A FINAL ORDER OF CONDEMNATION RECORDED AS FILE/PAGE 89573, ON MAY 22, 1963; 4 p). .. ________ • oj .- 25X10 EL ••••-. r I U - 4 2200 THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WA'c LINE, SOUTH 69' 15' 12 EAST (SOUTH 69° 05' 40' EAST PER M.S. 637), 70.43 FEET TO THE BEGINNING 0? A TANGENT 70.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 21' 04' 39", AN ARC DISTANCE OF 25.75 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY, SOUTH 48' 15' 33' EAST, 25.51 FEET TO THE BEGINNING 0? A TANGENT 70.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE Of 20° 53' 43', AN ARC DISTANCE OF 25.53 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY, SOUTH 69' 04' 16' !ASTI 31.27 FEET TO THE BEGINHING OF A TANGENT 70.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ASGL OF 22° 24' 31', AN ARC DISTANCE OF 27.38 FEET; THENCE LEAVING SAID CURVE TANGENTIALLY, SOUTH 46' 39' 45" EAST, 20.06 FEET TO THE BEGINNING OF A TANGENT 70.00 FOOT RADIuS CURVE, CONCAVE NORTHEASTERLY; [7 ~ I - o) 25x1CJ I. 0 0 - .. L.., • liLI2___ U3 THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL MOLE OF 21' 42' 36", AN ARC DISTANCE OF 26.52 FEET, MORE OR TESS, TO A POINT ON A TANGENT 450.00 TOOT RADIUS CURVE, CONCAVE SOUTHERLY, 0" SAID CURVE BEING A PORTION OF THE SOUTHERLY LINE 0? SAID RECORD 0? SURVEY 12541; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15' 02' 20', AN ARC DISTANCE 07 118.12 FEET TO A POINT OF COMPOUND CURVATURE WITH AN 800.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 6' 35' 19° EAST (NORTH 6' 36' 38" EAST PER DEED RECORDED APRIL 29, 1986 AS FILE NO. 86-166934)1 THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27' 22' 06", AN ARC DISTANCE OF 382.13 FEET (A CENTRAL ANGLE OF 21' 21' 03" AN ARC DISTANCE OF 381.89 FEET PER DEED RECORDED APRIL 29, 1986 AS FILE NO. 86-166934) TO A POINT COMMON TO THE NORTHEASTERLY LINK OF SAID M.S. 637 (INTERSTATE 5) AND THE NORTHWESTERLY BOUNDARY 0? SAID LOT 12, A RADIAL TO SAID POINI! BEARS NORTH 20' 46' 47" WEST (NORTH 20' 44' 25' WEST PER DEED RECORDED APRIL 29, 1986 AS FILE NO. 86-166934); THENCE LEAVING SAID CURVE, ALONG THE EASTERLY LINE OF SAu M.S. 637 NORTH 250 34 49" WEST. 88.82 FEET (NORTH 250 27' 58' WEST 88.85 FEET PER M.S. 637); THENCE NORTH 36' 15' 35' WEST, 353.55 FEET (N(R'X'H 36' 16' 49" WEST 353.55 FEET PER SAID M.S. 637); I * 1-IL • a I o) - - 25x1f 0 rl - U ,-- -.*--- - - 1 ,. ...-'-.••• 2204 f)1e6f C' 'I!IENCE NORTH 32 4 45' 21' WEST (NORTH 32 1 46' 4t' WEST PER M.S. 637), 77.00 FEET MORE OR LESS, TO THE TRUE POINT OF BEGINNING OF THE H!RZ3.H DESCRIBED PARCEL. AREA - 25,162.55 8.?. (2.813 AC) /SSIO\__ !:o, L ?P *1 -- fr I - 4 •- 25x 0 o II1 2205 41 68 mi C) a) OD 0 <I 254 0 xl 0 I- \1 old" 4 *\1l 46) A 1 1A 010 ( .AHI' 0 In 1 /E ii71FT ) Im I— . I ig1Ui 1 LW cr- iN .45 ! \ - 4• ii) w. / - t1i 4IflI ,\. Vi . ' \ (__ o•• .1 25X I._I. 0 _Q ----g.e - - ------------- -.---- a - - ----- - 2207 0 Public Resources Code Section 30101 'Development' means, on land, in or under water. the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal wait.; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (conrencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about In connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are In accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act • of 1113 (coemencing with Section 4111). As used in this section, 'structure* includes, but is not limited to, any building, road, oipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. PERMIT PVRI.tC RS0IJRCES CODE SECtION 3O10 liT --5 xI -' -i 25 dr I I a Jv.i.s a .2208 RecordingRequested by and XHIT When Recorded Mail to: California Coastal Commission AC,Dt4nC, Certificate 45 Fremont St., Suit. 2000 San Francisco, Ca 94105-2219 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property Conveyed by the Offer to Dedicate dated • executed by and rcorded on as Instrument Number - is hereby accepted by a public agency/private association on _______________________• pursuant to authority conferred by resolution of the _________ adopted on _________ _________ and the grantee consents to recordation thereof by its duly authorized officer. By: Dated: For: STATE OF CALIFORNIA ) 'Cs COUNTY OF On this day of • In the year 19_.. before me. • a Notary Public, personally appeared -'personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed this instrument as of and acknowledged to me that t._ ixecuted it. NOTARY PUBLIC IN MC i SAID COUHIT AND STATE I 25xI0 0 0 • • • EXHIBIT 1& ACKNOWLEDGEMENT BY THE CALIFORNIA COASTAL COMMISSION 0 - OF ACCEPTANCE OF OFFER TO DEDICATE This is to cetify that Is a public agency/private association acceptable to the Executive Director of the the California Coastal Commission to be Grant., under the Offer to Dedicate executed by on and recorded on ____________________• in the Office of the County Recorder of County as Instrument Number Dated: California Coastal Commission a 17 2543 i to R-1-7500(0) R-1-7500 Hills Development PC Sea C Devel lifts Dpment PC Aviara Development / LC to Os, I OO W itland juffer Boundar Wetland Boundary OS Wetlands LC Limited Control OS Open Space PC Planned Commuiity E@ LC to OS 0 LC to R-1-7500(0) Batiquitos Lagoon City of Carlsbad ZC 89-06 kaw 1 BRGCCA