HomeMy WebLinkAboutCT 89-19; BROCCATO; Tentative Map (CT)CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(For Dept. (For Dept.
Use Only) Use Only
D General Plan Amendment ...... ._________
Site Development Plan ....... .
Zone Change ................. .______
Conditional Use Permit ......
Mx
..________
Hillside Development Permit. /ThPA'-3
Environmental Impact
Assessment ................ ..________
Variance: .....................______
Planned Industrial Permit...
D Coastal Development Permit..
Planning Commission Deter...
Master Plan ...............
Specific Plan .............
Precise Development Plan...
EO Tentative Tract Map........
Planned Development Permit
Non-Residential Planned
Development Permit........
Condominium Permit.........
Special Use Permit. ........
Redevelopment Permit.......
Tentative Parcel Map.......
Administrative Variance....
2) LOCATION OF PROJECT: ON THE I FAST I SIDE oFF Interstate 5
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN I Poinsettia Lane J AND J Batiquitos Lagoon
(NAME OF STREET) AMSRE)
3) BRIEF LEGAL DESCRIPTION: IAll or 1. ii. and 1
12 South
4 West, San Bernardino Meridian
4) ASSESSOR PARCEL NO(S). 214-170-17,21,22 and 216-150-3,5,16
I ) LOCAL FACILITIES L_19 6) EXISTING GENERAL IRLM and p j 7 PROPOSED GENERAL Lse I
MANAGEMENT ZONE PLAN DESIGNATION LAN DESIGNATION
8) EXISTING ZONING[ r4c 1 9) PROPOSED ZONING j R-1-7500-Q 110) GROSS SITE 40.9 ACREAGE
11) PROPOSED NUMBER OF 78 112) PROPOSED NUMBERI 81 j13) TYPE OF
RESIDENTIAL UNITS OF LOTS SUBDIVISION (RESIDENTIAL
14) NUMBER OF EXISTING RESIDENTIAL UNITSj 0* *previous unit COMMERCIAL
demolished 5/89 INDUSTIRAL)
15) PROPOSED INDUSTRIAL N/A I 16) PROPOSED COMMERCIAL N/A OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE
B
By
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 6% j 19) PROPOSED INCREASE
IN AVERAGE DAILY
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 78
TRAFFIC
780
20) PROJECT NAME: BROCCAIO at Batiquitos Shores
21)BRIEF DESCRIPTION OF PROJECT: I 78 Lot (7500 minimum square feet) single family
detached residential with 3 additional open space lots
22) OWNER 23) APPLICANT
NAME ODMARK & THELAN and the DAVIDSON
(T)MPANTR PARTNTRSHTP NAME Hofman Planning Associates
MAILING ADDRESS MAILING ADDRESS
3200 Fourth Avenue, Suite 101 2386 Faraday Ave., Suite 120
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
San Diego, CA 92103 (619)291-7300 Carlsbad, CA 92008 (619)438-1465
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE-
ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE
TO THE BEST OF MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO
SIGNATURE DATE THE BEST OF MY KNOWLEDGE.
ODNARK & THELAN, General Partner SIGNATURE DATE
ONTARIOVILLE HOLDING COINY afQrni.a-
1K Y: THELAN, Pres
**************************************************************************************
FOR CITY USE ONLY
FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED
JO
Po S 7G-E
TOTAL FEE REQUI RED I c2)29O 6 O
JUN 15989
CITY OF CARLSBAD
DEVELOP. PROC. SERV. DIV.
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
Ea;1___, 7-
DATE FEE PAID( 6 -/5-1 RECEIPT NO.1 / 73 o]
ity or ar I s b a d
DISCLOSURE STATEMENT
APPUCANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED
BOARD, COMMISSION OR COMMITTEE.
(P/ease Print)
The following information must be disclosed:
List the names and addresses of all oersons having a financial interest in the application. ODMARK & THELAN AND THE DAVIDSON COMPANIES
PARI'NERSH1±, a ua1iornta guial partnership
3200 Fourth Avenue, Suite 101
San Diego, CA 92103
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
See #1. above.
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names ai
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnersl-
interest in the partnership.
QDIARK & THELAN, a California General Partnership, THE DAVIDSON COMPANY, a California
General Partner nrprifion. General Partner
Ted P. Odriiark William A. Davidson John U. I'heian 12520 High Bluff Drive, Suite 300
3200 Fourth Avenue, Suite 101 San Diego, CA 92130
San Diego, CA 92103
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names ar
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficia
of the trust.
(Over)
Disclosure Statement Page 2
6. Have you had more than $250 worth of business transacted with any member of City staff, Boar(
Commissions, Committees and Council within the past twelve months?
Yes No x If yes, please indicate person(s)______________________________________________
Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal
organization, corporation, estate, .tru% receiver, syndicate, this and any other county, city and county, city
municipality, district or other political subdivision, or any other group or combination acting as a unit
(NOTE: Attach additional pages as necessary.)
S?nature of Owner/date
ODMARK & THELAN AND THE DAVIDSON
COMPANIES PARTNERSHIP
By: ODMARK & THELAN, General Partner
By: John D. Thelan
Print or type name of owner
Signature of applicant/date
ODMARK & THELAN AND THE DAVIDSON
COMPANIES PARTNERSHIP
By: Odmark & Thelan, General Partner
By: John D. Thelan
Print or type name of applicant
-a
I
1
DISCLOSURE FORM
APPLICANT:
Name: ODMARK & THELAN AND THE DAVIDSON COMPANIES
PARTNERSHIP, A California General Partnership
Address: 3200 Fourth Avenue, Suite 101, San Diego, CA 92103
Phone: (619) 291-7300
AGENT:
Name: Hofman Planning Associates
Address: 2386 Faraday, Suite 120, Carlsbad, CA 92008
Phone: (619) 438-1465
MEMBERS:
Name: ODI'4ARK & THELAN, a California General Partnership,
General Partner
THE ODNARK DEVELOPMENT COMPANY,
A California Corporation,
General Partner
Ted P. Odmark, President
Address: 3200 Fourth Avenue, Suite 101, San Diego, CA 92103
Phone: (619) 291-7300
Name: ONTARIOVILLE HOLDING COMPANY,
a California Corporation,
General Partner
John D. Thelan, President
Address: 3200 Fourth Avenue, Suite 101, San Diego, CA 92103
Phone: (619) 291-7300
Name: THE DAVIDSON COMPANY,
A California Corporation,
General Partner
William A. Davidson, President
Address: 12520 High Bluff Drive, Suite 300, San Diego, CA 92130
Phone: (619) 481-8500
01
. S
I/We understand that if this project is located in the Coastal
Zone, I/we will apply for Coastal Commission approval prior to
development.
I/we acknowledge that in the process of reviewing this
application, it may be necessary for members of City Staff,
Planning Commissioners, Design Review Board members, or City
Council members to inspect and enter the property that is the
subject of this application. I/we consent to entry for this
purpose.
I/we declare under penalty of perjury that the information
contained in this disclosure is true and correct and that it will
remain true and correct and may be relied upon as being true and
correct until amended.
ODNARK & THELAN AND THE DAVIDSON
COMPANIES PARTNERSHIP
By: ODMARK & THELAN
By: ONTARIOVILLE HOLDING
COMPANY
By:
Jn D. Thelan,
P'esident
OWNER
20-1
• I
'LEL[
HOFMAN PLANNING ASSOCIATES
Planning • Project Management • Fiscal Analysis
DISCLOSURE INFORMATION
CORPORATE ADDRESS:
SHAREHOLDERS:
California
1558693
January 1, 1989 (351 Transfer)
December 29, 1988 (filed on)
2386 Faraday Avenue, Suite 120
Carlsbad, California 92008
William N. and Eliza K. Hofman
2386 Faraday Avenue, Suite 120
Carlsbad, California 92008
STATE OF INCORPORATION:
CORPORATE NUMBER:
DATE OF INCORPORATION:
2386 Faraday, Suite 120 • Carlsbad • CA 92008 • [619] 438-1465 0
6
CITY OF CARLSBAD
APPLICATION REQUIREMENTS FOR:
ZONE CHANGES
GENERAL PLAN AMENDMENTS
The following materials are required to be submitted with each application:
1. Reproducible 1:500 scale map of subject property showing requested
- zoning and surrounding zoning and land use.
2. One (1) copy of 8 112° x 11" location map (suggested scale 200" -
- vicinity maps on the site plan are not acceptable).
3. Environmental Impact Assessment Form (Separate fee required)
c1"'LL 4. Public Facility Agreement: Two (2) copies: One (1) notarized
- original, and one (1) reproduced copy.
/' LI 5. Disclosure Statement.
LI 6. Property Owner's List and Addressed Labels
- A typewritten list of the names and addresses of all property
owners and occupants within a 600 foot radius of subject
property (including the applicant and/or owner). The list shall
include the San Diego County Assessor's parcel number from the
latest assessment rolls.
- Two (2) separate sets of mailing labels of the property owners
and occupants within a 600 foot radius of subject property.
For any address other than single family residence, apartment
or suite number must be included. DO NOT TYPE ASSESSOR'S
PARCEL NUMBER ON LABELS. Applicant must submit separate check
- to cover cost of postage.
LI 7. 600 Foot Radius Map
A map to scale not less than 1" = 200' showing each lot within 600
feet of exterior boundaries of the subject property. Each of these
lots shall be consecutively numbered and correspond with the property
owner's list. The scale of the map may be reduced to a scale
acceptable to the Planning Director if the required scale is
- impractical.
LI 8. For residential projects within Vista, Encinitas or San Dieguito
School Districts, the applicant shall indicate whether he prefers
to dedicate land for school facilities, to pay a fee in lieu thereof,
or do a combination of these. If the applicant prefers to dedicate
land, he shall suggest the specific land.
For residential projects within the Carlsbad Unified School District
and the San Marcos Unified School District, the applicant shall
submit written confirmation that school facilities will be available
to serve the project at time of need.
" L./ 9. Two (2) copies of the Preliminary Title Report (current within the
- last six [6] months).
£1 LI 10. Proof of availability:
a. Sewer - if located in the Leucadia County Water District.
b. Sewer - if located in the San Marcos Water District.
C. Water - if located in the Olivenhain Municipal Water District.
d. Water - if located in the Costa Real Municipal Water District.
LI 11. Colored Site Plan and Elevation Plan (Not required with first
submittal). It is the Applicant's responsibility to bring one (1)
copy of a colored site plan and one (1) copy of a colored elevation
to the Planning Department by Noon eight (8) days prior to the
Planning Commission meeting. Do not mount exhibits.
ARFRN0007 . DH 4/89
4
CITY OF CARLSBAD
lION REQENTS, F
TENTATIVE TRACT MAPS
TENTATIVE PARCEL MAPS
The following materials shall be submitted for each application.
LI 1. Eight copies of the tentative map prepared on a 24" x 36" sheet(s) and folded
into 8½ x 11" size. Fifteen copies of the tentative tract map shall be
submitted by the applicant upon request of the project planner prior to project
approval. Each tentative map shall contain the following information:
I. General Information:
LI A. Name and address of owner whose property is proposed to be
subdivided and the name and address of the subdivider;
LJ B. Name and address of registered civil engineer, licensed
surveyor, landscape architect or land planner who prepared the
- maps;
L..L C. North point;
LL D. Scale; vicinity map;
LL E. Date of preparation;
F. Classification of lots as to intended residential, commercial,
industrial or other uses;
LL G. Tentative Map number in upper right hand corner (City to provide
number at time of application.) ç H. Lot width to depth ratio not to exceed 3:1.
I. Number of units to be constructed when a condominium or
- community apartment project is involved;
LI J. Name of sewer and water district providing service to the
project.
LI K. Average Daily Traffic generated by the project broken down by
seperate uses.
H. Site Information:
C A. General
1) Approximate location of existing and proposed buildings and
permanent structures;
LL 2) Location of all major vegetation, showing size and type;
LI 3) Location of railroads;
LI 4) Legal description of the exterior boundaries of the
subdivision (approximate bearings, distances and curve
data);
LI 5) Lot lines and approximate dimensions and number of each
lot;
- B. Streets and Utilities
LI The location, width and proposed names of all streets
within and adjacent to the proposed subdivision, show
proposed street grades and centerline radii. Provide
separate profile for all streets with grades in excess o f
7%. Streets should be in conformance with City
O Standards and Engineering Department Policies. (Especially
Policy Numbers 1 and 22)
2) Name, location and width of existing adjacent streets
and alleys.
LI 3) Typical street section for all adjacent streets and
streets within the project.
ARFRM0003.DH 4/89
10
LI Width and location of all eèting or proposed public
or private easements;
LI 5) Public and private streets and utilities clearly
- identified.
6) Show distance between all intersections and medium and high
- use driveways.
LJ 7) Clearly show parking stall and isle dimensions and truck
- turning radii for all parking areas.
8) Show access points to adjacent undeveloped lands.
L.J 9) Show all existing and proposed street lights and
utilities (sewer, water, major gas and fuel lines, major
electric and telephone facilities) within and adjacent to
the project.
LI 10) Show all fire hydrants located within 300 feet of the site.
- C. Grading and Drainage
LI 1) Approximate contours at 1' intervals for slopes less than
5%, 2' intervals for slopes between 5% and 10%, and 5'
intervals for slopes over 10% (both existing and proposed).
Existing and proposed topographic contours within a 100 foot
perimeter of the boundaries of the site. Existing
- onsite trees; those to be removed and those to be saved;
LI 2) Earthwork volumes: cut, fill, import and export.
LI 3) Spot elevations at the corners of each pad.
LI 4) Method of draining each lot. Include a typical cross section
taken parallel to the frontage for lots with less than
- standard frontage.
LI 5) Location, width and/or size of all watercourses and drainage
facilities within and adjacent to the proposed
subdivision; show location and approximate size of any
- proposed detention/retention basins.
L/ 6) Clearly show and label the 100 year flood line for the
before and after conditions for any project which is
- within or adjacent to a FEMA flood plain.
LI 2. One (1) copy of 8 112" xli" site plan.
...- LI 3. One (1) copy of 8 1/2" x 11" location map (suggested scale 200"
- vicinity maps on the site plan are not acceptable).
LI 4. Environmental Impact Assessment Form (Separate fee required).
LI 5. Public Facility Agreement: Two (2) copies: One (1) notarized
original and one (1) reproduced copy.
LI 6. Disclosure Statement. (Not required for tentative parcel maps.)
LI 7. Property Owner's List and Address Labels
A typewritten list of names and addresses of all property owners
and occupants within a 600 foot (300 feet for tentative parcel
maps) radius of subject property (including the applicant and/or
owner). The list shall include the San Diego County Assessor's
parcel number from the latest assessment rolls.
Two (2) separate sets of mailing labels of the property owners and
occupants within a 600 foot (300 feet for tentative parcel maps)
radius of subject property. For any address other than single
family residence, apartment or suite number must be included. DO
NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. Applicant must submit
separate check to cover cost of postage.
ARFRM0003.DH 4/89
0
8. 600 Foot RadMap (300 foot for tentative eei maps)
A map to scale not less than 1" = 200' showing each lot within 600 feet (300
feet) of the exterior boundaries of the subject property. Each of these lots
shall be consecutively numbered and correspond with the property owner's list.
The scale of the map may be reduced to a scale acceptable to the Planning
Director if the required scale is impractical.
Preliminary Hydrology map and calculations for lots exceeding one acre. Show
before and after discharges to each included drainage basin.
Two (2) copies of the Preliminary Title Report (current within the
last six [6] months).
Proof of availability of sewer if located in the Leucadia County Water District
or the San Marcos Water District.
A letter from the appropriate water district indicating that compliance with
the Growth Management Performance Standard will be maintained with the proposed
development.
Colored Site Plan and Elevation Plan (Not required with first submittal and
not required for tentative parcel maps). It is the Applicant's responsibility
to bring one (1) copy of a colored site plan and one (1) copy of a colored
elevation to the Planning Department by Noon eight (8) days prior to the
Planning Commission meeting. Do not mount exhibits.
14. Statement of agreement to waive tentative tract map time limits. Required for
tentative maps only when project requires concurrent processing of planning
application, or environmental review.
15. Constraints Map (24" x 36") folded to 8 1/2" x 11" shall include
the following information:
1. Major ridge lines
2. Distant views
3. Internal views
4. Riparian woodlands
5. Intermittent drainage course
6. 25 - 40% slopes
7. Slopes 40% and above
8. Major rock outcroppings
9. Easements
10. Floodp'lains
11. Archaeological sites
12. Special planning areas
13. Biological Habitats.
16. For projects with an average daily traffic (ADT) generation rate greater than
500 vehicles per day:
Two (2) copies of a Circulation Impact Analysis for the project. The
analysis must be prepared by an appropriate registered Engineer. The
analysis must show project impacts to all intersections and road segments
identified as impacted within the included Local Facilities Management
Plan. The following should be included with the study:
a) 8 1/2" x 11" or 8 112" x 14" plats showing zone impacted
roads, background and project AM and PM peak hour impacts
and traffic distribution.
b) Project traffic generation rates
c) Necessary calculations and or analysis to determine
intersection and road segment levels of service.
LL LL LL
LI LI LI LI LI LL
LI
~waww~mm
9.
10.
II.
-z2 12.
-Q 13.
ARFRM0003.DH 4/89
NO
Any proposed mitigation requ ements to maintain the public
j facility standards.
17. Two copies of preliminary soils/geologic report for all project
- with cut or fill depths exceeding 5 feet.
LL 18. For all condominium conversions, a sined statement by the owner stating
Section 66427.1 of the State Map Act will be complied with.
ARFRM0003.DH 4/89
9)
6 0
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty
(50) day time restriction on Planning Commission processing of Tentative
Maps and a thirty (30) day time limit for City Council action. These time
limits can only be extended by the mutual concurrence of the applicant
and the City. By accepting applications for Tentative Maps concurrently
with applications for other approvals which are prerequisites to the map;
i.e., Environmental Assessment, Environmental Impact Report, Condominium
Plan, Planned Unit Development, etc., the fifty (50) day time limits and
the thirty (30) day time limits are often exceeded. If you wish to have
your application processed concurrently, this agreement must be signed
by the applicant or his agent. If you choose not to sign the statement,
the City will not accept your application for the Tentative Map until all
prior necessary entitlements have been processed and approved.
The undersigned understands that the processing time required by the
City may exceed the time limits, therefore the undersigned agrees to extend
the time limits for Planning Commission and City Council action and fully
concurs with any extensions of time up to one year from the date the
application was accepted as complete to properly review all of the applications.
sigo,ture
John D. Thelan, President of
ONTARIOVILLE HOLDING COMPANY, General Partner to
ODMARK & THELAN, General Partner to
Name (Print) PARTNERSHIP
~(Lsf Date
Applicant! Owner
Relationship to Application
(Property Owner-Agent)
FORM: PLANNING 37. REVISED 3/80
0 0
Costa Real
Municipal Water District
5950 El Camino Real, Carlsbad, CA 92008
Telephone: (619) 438-2722
Engineering Dept: 438-3367
May 19, 1989
Ms. Grace Manues
Hofman Planning Associates
2386 Faraday, Suite 120
Carlsbad, California 92008
Re: Water Availability - A.P.N. 214-170-17, 21, 22, and
216-150-3, 5, 16 - CMWD Project No. 83-403
Dear Ms. Manues:
The subject project is located within the Carlsbad Municipal Water
District service area. Water Service can be made available to each
lot/unit that may be developed at the time an application for service
is completed, and all applicable fees are paid.
The applicant shall meet the conditions of the Carlsbad Municipal
Water District and its Water Master Plan. Installation of any facilities
shall be in accordance with the District's "Standard Plans and Specifica-
tions" dated January 1987.
The entire water system be evaluated in detail as assurance that
adequate capacity for domestic landscaping and fire flow demands are
addressed.
Developer/Owner shall meet with the Fire Marshal and the District
Engineer and meet all requirements to provide fire and domestic flow
and will pay all costs associated with providing said service.
Regarding fees and deposits: The developer will be responsible
for the major facility charge which will be collected at time of issuance
of building permit. Please contact the undersigned if you have any
questions regarding this project.
Very truly yours,
F.f Y
Engineering Supervisor
FJW: sjs
CMWD 83-403
0 Ij
May 18, 1989
TO WHOM IT MAY CONCERN:
Re: Approximately 41 acres of property on the north shore of
Batiquitos Lagoon, east of 1-5, west of Aviara, south of
Spinnaker Hill, Carlsbad
This serves to confirm that Odmark & Thelan is a general partner
of Odmark & Thelan and The Davidson Companies Partnership, the
owner of the referenced property. As such, Odmark & Thelan is
authorized to sign all applications on behalf of the partnership
for development of the property.
Very truly yours,
ODMARK & THELAN AND
THE DAVIDSON COMPANIES PARTNERSHIP
By: ODMARK & THELAN,
a California General Partnership
By: THE ODMARK DEVELOPMENT COMPANY,
a California Corporation
By:4 '(
Ted P. Odmark, President
By: ONTARIOVILLE HOLDING COMPANY,
a California Corporation
By: eWnh D. Thelan, President
By: THE DAVIDSON COMPANY,
a California Corporation
By:
William A. Davidson, President
0 CITY OF CARLSBAD 40
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO.: BROCCATO -_FIR 89-1 17C 59-6/CT 89-19/SDP 59-7IHT)P 59-37
LOCAL FACILITY MANAGEMENT ZONE: 19 GENERAL PLAN: RT,MIRM
ZONING: R-1-7500-0/OS
DEVELOPER'S NAME: ODMARK & THET,AN AND TI-IF. DAVIDSON COMPANTES PARTNERSHiP
ADDRESS: 3200 FOURTH AVENUE, SUITE 101, SAN DIEGO, CA 92103
PHONE NO.: (619)291-7100 ASSESSOR'S PARCEL NO.: 214-170-17, 21, 22 & 216-150-1, 5,16
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 72 DU'S
ESTIMATED COMPLETION DATE:
A. City Administrative Facilities: Demand in Square Footage = 25556
B. Library: Demand in Square Footage = 14241
C. Wastewater Treatment Capacity (Calculate with J. Sewer)
D. Park: Demand in Acreage = ______
E. Drainage: Demand in CFS = 500
Identify Drainage Basin = DU
(Identify master plan facilities on site plan)
F. Circulation: Demand in ADTs = 720
(Identify Trip Distribution on site plan)
G. Fire: Served by Fire Station No. = 4
H. Open Space: Acreage Provided - N/A
1. Schools: N/A
(Demands to be determined by staff)
J. Sewer: Demand in EDUs - 72
Identify Sub Basin - 19A
(Identify trunk line(s) impacted on site plan)
K. Water: Demand in GPD - 3c600
L. The project is 53 dwelling units BELOW the Growth Management Dwelling unit allowance.
S
RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: )
CITY OF CARLSBAD
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
214-170-17, 21, 22 and
Parcel No. 216-150-3, 5, 16
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this - 1 4544-1 day of. :ruyQ
19 69
by and between ODMARI( & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP -
(Name of Developer-Owner)
a California General Partnership , hereinafter referred to as "Developer"
(Corporation, Partnership, etc.)
whose address i s 3200 Fourth Avenue, Suite 101, San Diego, CA 92103
(Street) (City, State, Zip Code)
and the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad,
California, 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described oi
"A":, attached hereto and made a part of this agreement, hereinafter
to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
REV 3-1-88
78 lot (minimum 7500 square feet) residential tentative tract map with 3 additional
common lots
on said Property, which development carries the proposed name of______________
Broccato at Batiquitos Shores
and is hereinafter referred as "Development"; and
WHEREAS, Developer filed on the Uftb day of June , 1989
with the City a request for a tentative tract map, site development plan,
hillside development permit and zone change.
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan requires
that the City Council find that all public facilities necessary to serve a
development will be available concurrent with need or such development shall
not be approved (said element is on. file with the City Clerk and is
incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of Council Policy
No. 17, dated July 28, 1987, on file with the City Clerk and incorporated by
this reference, and that the City's public facilities and services are at
capacity and will not be available to accommodate the additional need for
public facilities and services resulting from the proposed Development; and
WHEREAS, Developer has asked the City to find that public facilities and
services will be available to meet the future needs of the Development as it is
presently proposed; but the Developer is aware that the City cannot and will
not be able to make any such finding without financial assistance to pay for
such services and facilities; and therefore Developer proposes to help satisfy
the General Plan as implemented by Council Policy No. 17 by payment of a public
facilities fee.
REV 3-1-88 2
S
NOW THEREFORE, in consideration of the recitals and the covenants
contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee in an
amount not to exceed 3.5% of the building permit valuation of the building or
structures to be constructed in the Development pursuant to the Request. The
fee shall be paid prior to the issuance of building or other construction
permits for the development and shall be based on the valuation at that time.
This fee shall be in addition to any fees, dedications or improvements required
pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer
shall pay a fee for conversion of existing btilding or structures into
condominiums in an amount not to exceed 3.5% of the building permit valuation
at the time of conversion. The fee for a condominium conversion shall be paid
prior to the issuance of a condominium conversion permit as provided in Chapter
21.47 of the Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction permits", "other
construction permit" .and entitlement of use" as used in this agreement, except
in reference to mobile home sites or projects, shall not refer to grading
permits or other permits for the construction of underground or street
improvements unless no other permit is necessary prior to the use of occupancy
for which the development is intended. Developer shall pay the City a public
facilities fee in the sum of $1,150 for each mobile home space to be
constructed pursuant to the request. The fee shall be paid prior to the
issuance of building or other construction permits for the development. This
fee shall be in addition to any fees, dedications or improvements required
according to Titles 18, 20, or 21 of the Carlsbad Municipal Code.
REV 3-1-88 3
9)1
I 0
2. The Developer may offer to donate a site or sites for public
facilities in lieu of all or part of the financial obligation agreed upon in
Paragraph 1 above. If Developer offers to donate a site or sites for public
facilities, the City shall consider, but is not obligated to accept the offer.
The time for donation and amount of credit against the fee shall be determined
by City prior to the issuance of any building or other permits. Such
determination, when made, shall become a part of this agreement. Sites donated
under this paragraph shall not include improvements required pursuant to Titles
18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required to
ensure the consistency of the Development with the City's General Plan. If the
fee is not paid as provided herein, the City will not have the funds to provide
public facilities and services, and the development will not be consistent with
the General Plan and any approval or permit for the Development shall be void.
No building or other construction permit or entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this agreement in a
public facilities fund for the financing of public facilities when the City
Council determines the need exists to provide the facilities and sufficient
funds from the payment of this and similar public facilities fees are
available.
5. City agrees to provide upon request reasonable assurances to enable
Developer to comply with any requirements of other public agencies as evidence
of adequate public facilities and service sufficient to accommodate the needs
to the Development herein described.
REV 3-1-88 4
I 0
6. All obligations hereunder shall terminate in the event the Requests
made by Developers are not approved.
7. Any notice from one party to the other shall be in writing, and shall
be dated and signed by the party giving such notice or by a duly authorized
representative of such party. Any such notice shall not be effective for any
purpose whatsoever unless served in one of the following manners:
7.1 If notice is given to the City by personal delivery thereof to
the City or by depositing same in the United States Mail, addressed to the City
at the address set forth herein, enclosed in a seled envelope, addressed to
the City attention of the City Manager, postage prepaid and certified.
7.2 If notice given to Developer by personal delivery thereof to
Developer or by depositing the same in the United States Mail, enclosed in a
sealed envelope, addressed to Developer at the address as may have been
designated, postage prepaid and certified.
8. This agreement, shall be binding upon and shall ensure to the benefit
of, and shall apply to the respective successors and assigns of Developer and
the City, and references to Developer City herein shall be deemed to be
references to and include their respective successors and assigns without
specific mention of such successors and assigns. If Developer should cease to
have any interest in the Property, all obligations of Developer hereunder shall
terminate; provided, however, that any successor of Developer's interest in the
property shall have first assumed in writing the Developer's obligations
hereunder.
9. This agreement shall be recorded but shall not create a lien or
security interest in the Property. When the obligations of this agreement have
been satisfied, City shall record a release.
REV 3-1-88 5
01
I 0
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
DEVELOPER-OWNER: ODMARK & THELAN AND CITY OF CARLSBAD, .a municipal
THE DAVIDSON COMPANIES PARTNERSHIP corporation of the State of
California
(name)
By: ODMARK & THELAN
General Partner
(Title)
By ONTARIOVILLE HOLDING COMPANY,
aa1 mi Go r
MARTIN ORENYAK
For City Manager
John D.Tlan (Title) President
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.)
REV 3-1-88
P I
0 .
STATE OF CALIFORNIA
ss:
COUNTY OF SAN DIEGO
On this L17 day of June, 1989, before me,
a Notary Public in and for said county and state, personally
appeared John D. Thelan, personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person who
executed the within instrument as President on behalf of
Ontarioville Holding Company, the corporation therein named, and
acknowledged to me that said corporation executed the within
instrument pursuant to its bylaws or a resolution of its board of
directors, said corporation being known to me to be one of the
partners of Odmark & Thelan, a partnership; said partnership
being known to me to be one of the partners of Odmark & Thelan
and The Davidson Companies Partnership, the partnership that
executed the within instrument and acknowledged to me that he
executed the same as partner of the partnership first above
named; that said partnership executed the same as a partner of
Odmark & Thelan and The Davidson Companies Partnership and that
said last named partnership executed the same.
WITNESS my hand and official seal.
BEVERLY S. SCHNEWER
OFFICIAL SEAL
ø-tary - NOTARY PUBLIC.CAIIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY M4mao Ez Ho 21. I2
0
Form No. 1068-1 (Rev. 7/88)
zbibit A to Preliminary Report
- --
El
Preliminary
Report
FirstAmerican Title Insurance Company
EXHIBIT A
LIST OF PRIN1I EXCEPTIONS AND EXCLUSIONSc Policy Type)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - (7-88)
SCHEDULES
- EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public
records.
2. Any facts, rights, interests or claims which ore not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in posses-
sion thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public
records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof ; (c) water rights, claims or title to water, whether or not the matters
excepted under (a), (b), or (c) are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the
occupancy, use, or enjoyment of the land ; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land ; (iii) a separation in ownership or a change in
the dimensions or area of the land or any parcel of which the land is orwas a port; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental
regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has
been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation
or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred
prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant ;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior
to the dote the insured claimant became an insured under this policy ;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this
policy.
4. Unenlorceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebted-
ness, to comply with the applicable "doing business" laws of the state in which the land is situated.
5. Invalidity or unenlorceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any
consumer credit protection or truth in lending law.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM 5- 1970 (AMENDED 10-17-70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the
land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimen-
sions of area of the land, or the effect of any violation of any such low, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant ; (b) not known to the Company and not shown by the
public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured
claimant to the Company prior to the date sA:h insured claimant become an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subse-
quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this
policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM 5- 1970 (AMENDED 10-17-70)
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the
Following exceptions to coverage appear in the policy.
SCHEDULES
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which ae not shown by public records.
5. Unpotented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claim-.or title to water.
6. Any lien, or right to o lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records.
4. AMERICN LAND TITLE ASSOCIATION LOAN POLICY - 1970
WITH A. ENDORSEMENT FORM I COVERAGE (AMENDED* 7-76)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any low, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the
land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimen-
sions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant ; (b) not known to the Company and not shown by the
public records but known to the insured claimant either at Date of Policy or at the dote such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage
and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became on insured hereunder; (c) resulting in no loss or damage to the insured
claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is
afforded herein as to assessments for street improvements under construction or completed at Date of Policy),
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Dote of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing
business" lows of the state in which the land is situated.
S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 (AMENDED 10-17-70)
WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used
and the following exceptions to coverage appear in the policy.
SCHEDULES
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which o correct survey would disclose, and which are not shown by public
records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof ; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1987
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (6/87)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason
of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the
occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a
change in the dimensions or area of the land or any parcel of which the land is or was apart; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a viola-
tion or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred
prior to Dote of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Dote of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior
to the dote the insured claimant became orLfpsured under this policy ;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Dote of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien For services, labor or
material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at dote of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability orfailure of the insured at Date of Policy, or the inabilty or Failure of any subsequent owner ofthe indebtedness,
to comply with applicable "doing business" laws of the state in which the land is situated.
5. Invalidity or unenforceabilily of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any
consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improve-
ment or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in port by proceeds of the indebtedness secured by
the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1987(6/87)
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the
following exceptions to coverage appear in the policy.
(continued on bock) 0
SCHEDULE B
This policy does not, insure against loss or damage (and th,pany will not pay costs, attorneys' fees or expenses) white by reason of,
1. Taxes or assessments ,vhich are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by on inspection of said land or by making Inquiry of persons in
possession thereof.
3. Easements, claims of easement or -encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpotented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof ; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
S. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1987(6/87)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason
of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the
occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land ; (iii) a separation in ownership or a
change in the dimensions or area of the land or any parcel of which the land is or was apart; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extentthot a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a viola-
tion or alleged violation affecting the land has been recorded in the public records at Dote of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Dote of Policy, but not excluding from coverage any taking which has occurred
• prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior
to the date the insured claimant became an insured under this policy ;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy ; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
9. AMERICAN LAND TITLE ASSOCIATION OWNER POLICY- 1987(6/87)
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the
following exceptions to coverage appear in the policy.
SCHEDULES,
This policy does not insured against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987
EXCLUSIONS
In addition to the Exceptions in Schedule B, youre not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any tow or government regulation. This includes building and zoning ordinances and also laws and regulations.
concerning:
• land use • land division
• improvements on the land • environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public records on the Policy Date
• the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date unless they appeared in the public records
• that result in no loss to you
• that first affect your title after the Policy Dote this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described and referred to in Item 3 of Schedule ,A5 or •
• in streets, alleys, or waterways the touch'yjr land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
1 ;MER,
ORDER NO. 986020-12
FIRST AMERICAN TITLE INSURANCE COMPANY
411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101
(619) 238-1776
MARCH 20, 1989
ODMARK & THELAN
3200 4TH AVENUE, SUITE 101
SAN DIEGO, CALIFORNIA
ATTN: ANNETT FRIEDLEIN
OUR ORDER NO. 986020-12
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 BINDEI OR COMMITMENT SHOULD BE REQUESTED.
DATED AS OF MARCH 16, 1989 AT 7:30 A.M.
rK)
;
CAL SCROGGINS/LC - TITLE OFFICER
DIRECT DIAL PHONE 231-4685
PAGE 1
AMER, I C
•1
S -1
ORDER NO. 986020-12
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 1989-90, A LIEN,
NOT YET PAYABLE.
2. SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR
1988-89.
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.
5. THE EFFECT, 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.
PAGE 2
0
AM1 cl
I fl
ORDER NO. 986020-12
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°57 1 30" EAST 431.4 FEET; THENCE NORTH
81°27 1 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, 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 RESIGN 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
DIVISION OF HIGHWAYS, FOR THE PROTECTION AND SUPPORT OF SAID
HIGHWAY.
PAGE 3
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1.
ORDER NO. 986020-12
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 t 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 1 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 1 TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO BASE AND MERIDIAN; THENCE ALONG THE NORTHERLY LINE
THEREOF EASTERLY 227.57 FEET; THENCE SOUTH 23 0 31 1 00" EAST, 597.11
FEET; THENCE SOUTH 17 9 06 1 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 89 0 57 t5511
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°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 35°34 1 00";
THENCE TANGENT TO SAID LAST MENTIONED CURVE NORTH 45 0 30'55" EAST,
286.07 FEET TOTHE 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.
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.
PAGE 4
A \f E I
ORDER NO. 986020-12
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 1 40"
EAST, 136.30 FEET FROM 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 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 21'39 1 55" EAST, 400.03 FEET; THENCE NORTH 2013 1 59"
WEST, 400.03 FEET; THENCE NORTH 29 0 28 1 47" WEST, 101.12 FEET;
THENCE NORTH 20'02 1 41" WEST, 651.23 FEET TO THE NORTHERLY LINE OF
SAID SAVAGE LANDS; THENCE ALONG SAID SAVAGE LINE NORTH 8915 1 01"
EAST, 15.68 FEET TO THE WESTERLY LINE OF ABOVE DESCRIBED PARCEL
2A; THENCE ALONG SAID WESTERLY LINE SOUTH 20'56 1 57" EAST, 1629.56
FEET AND NORTH 69°05 1 00" WEST, 32.85 FEET; AND SOUTH 20'54 1 20"
WEST, 60.00 FEET TO THE SAID SOUTH LINE OF LOT 1; THENCE ALONG
SAID LOT LINE NORTH 69°05'40" 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 0 05'40" EAST, 380.48 FEET FROM 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; THENCE NORTH
20 0 13 1 59" WEST, 624.61 FEET; THENCE NORTH 20°56 1 57" WEST, 400.00
FEET; THENCE NORTH 4 0 14 1 58" WEST 52.20 FEET; THENCE NORTH
20 0 11 1 07" WEST, 659.45 FEET TO THE NORTH LINE OF SAID SAVAGE
LANDS; THENCE ALONG SAID NORTH LINE SOUTH 89°15 1 01" WEST, 41.33
FEET TO THE EAST LINE OF THE FIRST ABOVE DESCRIBED EASEMENT;
THENCE ALONG SAID EAST LINE SOUTH 20°56 1 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 ral
ORDER NO. 986020-12
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, BE±NG 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°0813211 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 1 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
PAGE 6
cl
-t AMER,
. -1 -1-
ORDER NO. 986020-12
THE EASTERLY LINE OF SAID LOT 1 A DISTANCE OF 10.76 FEET TO THE
TRUE POINT OF BEGINNING OF THE CENTERLINE TO BE DESCRIBED; THENCE
FROM SAID TRUE POINT OF BEGINNING, NORTH 6904 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 SAME.
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,
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 11 EAST ALONG THE
NORTHERLY LINE THEREOF 340.87 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 89°08 1 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 1 47" EAST ALONG
SAID WESTERLY LINE 48.30 FEET; THENCE LEAVING SAID WESTERLY LINE
SOUTH 69°03 1 13" WEST, 16.75 FEET; THENCE NORTH 20 0 56 1 47" WEST,
55.00 FEET TO THE TRUE POINT OF BEGINNING.
PAGE 7
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[1
ORDER NO. 986020-12
AFFECTS PARCEL C.
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 6 45 0 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 1 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, 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 SANE.
AFFECTS PARCEL B.
PAGE 8
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1.
.
ORDER NO. 986020-12
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 ii; THENCE ALONG THE
NORTHEASTERLY LINE OF LOT 12, NORTH 69°05 1 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 6905 1 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 1 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, CO-
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
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ORDER NO. 986020-12
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, 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.
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 UNITURST
AFFECTS PARCELS A AND B.
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 1 1989 AS FILE NO.
89-121485 OF O'ICIAL 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, 1983
AFFECTS PARCEL C.
PAGE 10
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ORDER NO. 986020-12
1988-1989 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
CODE AREA:
PARCEL NO.: .?
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
09027
214-170-22
$26.38 PAID
$26.38 OPEN
$5,065.00
$-0 -
09027
214-170-21
$333.81 PAID
$333.81 OPEN
$64,088.00
09027
214-170-17
$462.71 PAID
$462.71 OPEN
$74,348.00
$2,528.00
$7,000.00
09132
216-150-16
$55.50 PAID
$55.50 OPEN
$10,612.00
09027
216-150-05
$213.73 PAID
$213.73 OPEN
$41,035.00
$-0 -
PAGE 11
01
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11 •1
•1
ORDER NO. 986020-12
1988-1989 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
09027
216-150-03
$220.03 PAID
$220.03 OPEN
$42,243.00
$-0-
PAGE 12
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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 0'45 1 06" EAST, 787.64 FEET (RECORD
OF SURVEY NO. 6296 = SOUTH 1° 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°05 1 16" EAST, 228.10 FEET
(RECORD OF SURVEY NO. 6296 = SOUTH 69°48 1 44" EAST, 228.23 FEET) AND
SOUTH 3211h15tt 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°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 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 6°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°21 1 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 1 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 13
0
ANtEJ1 I I •1
4.
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 89 0 47 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.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
1722 1 15" EAST, 477.94 FEET (RECORD SOUTH 31°55 1 00" EAST, 483.89
FEET) AND THENCE SOUTH 18°25 1 45" WEST, 322.56 FEET (RECORD SOUTH
03 0 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 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°46'41" WEST, FROM A POINT BEING AT
COORDINATES Y=339,009.75 AND X=1,677698.92 FEET; THENCE ALONG SAID
LINE SOUTH 32 0 46 1 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 OF SAID LOT 1; THENCE ALONG LAST SAID
LOT LINE AND ALSO THE SOUTHEASTERLY LINE OF SAID LOT 4, SOUTH
33 0 09 1 27" WEST, 817.12 FEET TO A LINE BEARING SOUTH 31'00 1 45" EAST
PAGE 14
131
AMER I I
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 31 0 00 1 45"
WEST, 381.54 FEET TO LAST SAID POINT; THENCE NORTH 18 0 04 1 10" WEST,
457.06 FEET; THENCE NORTH 25°07 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 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 11 0, 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 6905 1 40" WEST, 100.00 FEET TO A
POINT, LAST SAID POINT BEING DISTANT FOR REFERENCE SOUTH 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 69058 '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 CABJLSBAD, 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°12 1 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
43 0 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
PAGE 15
-t AMEJ1 c 9 -1
4- 9
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°47'15" WEST, (RECORD MAGNETIC BEARING NORTH 38 -20 1 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 6 25 1 27 11 , 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 6905'40" 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 LINE OF SAID
LOT 1 LAST SAID ANGLE POINT BEING WESTERLY TERMINUS OF THAT COURSE
SHOWN AS "NORTH 69 0 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 AS GRANTED TO THE STATE OF CALIFORNIA BY DEED
RECORDED AUGUST 8, 1961 AS FILE NO. 136233 OF OFFICIAL RECORDS.
PAGE 16
ml
PLANNING
CT89-I
DEVELOPMENT IMPROVEMENT AGREEMENT
DATE OF AGREEMENT:
NAM OF DEVELOPER: PACESETTER HOMES, INC.
NAME OF DEVELOPMENT: DETENTION BASIN
TIME LIMIT FOR COMPLETION OF IMPROVEMENTS: 18MONTHS
IMPROVEMENT DRAWINGS NO.: 228-1
ESTIMATED TOTAL COST OF IMPROVEMENTS: $350,000
SURETY AND BOND NO.: Fremont Indemnity Co. #0C300451
THIS AGREEMENT is made and entered into by and between
the CITY OF CARLSBAD, CALIFORNIA, a Municipal Corporation
of the State of California, hereinafter referred to as
"CITY"; and the Developer named on Line 2 of Page 1 hereof,
hereinafter referred to as "PACESETTER."
RECITALS:
WHEREAS, PACESETTER received a Coastal Permit Applica-
tion No. 6-82-428 to construct 260 residential condominium
units within CITY; and
WHEREAS, as a condition of the permit, PACESETTER is
required to construct offsite downstream improvements,
including a debris basin; and
WHEREAS, the properties of PACESETTER drain toward the
Batiquitos Lagoon; and
WHEREAS, PACESETTER is willing to construct said
drainage facilities in accordance with the requirements of
the Coastal Permit; and
-1-
WHEREAS, CITY has heretofore received a deed, which
was not accepted, for a 5.5 acre site located at Poinsettia
and Lagoon Lane, known as "Lot 17 of Carlsbad Tract No.
73-24, according to a map thereof No. 7996, filed in the
office of the County Recorder of said San Diego County"
(herein referred to as "Lot 17'), said deed received in
lieu of the required park fees for said tract; and
WHEREAS, CITY is willing to return said deed and
release its interest in Lot 17 to PACESETTER for use of
constructing the drainage facilities on condition that
PACESETTER pay to CITY park fees pursuant to Chapter 20.44
of the City Municipal Code, which would be due on the date
of this agreement, for Tract 73-24; which fees are in the
sum of $139,200; and
WHEREAS, PACESETTER further agrees to provide for the
construction and maintenance of said drainage facilities;
NOW, THEREFORE, the parties agree as follows:
1. CITY does hereby quitclaim to PACESETTER all its
right, title, and interest to Lot 17.
2. PACESETTER, upon execution of this agreement, shall
pay for the acquisition of Lot 17 the sum of $139,200 to
CITY.
3. PACESETTER does agree to construct drainage facili-
ties in accordance with the requirements of the California
Coastal Commission as contained in Application No. 6-82-428
and in accordance with plans and specifications prepared by
the engineering firm of Buccola Engineering, Inc., and
-2-
. .
WHEREAS, CITY has heretofore received a deed, which
was not accepted, 'for a 5.5 acre site located at Poinsettia
and Lagoon Lane, known as "Lot 17 of Carlsbad Tract No.
73-24, according to a map thereof No. 7996, filed in the
office of the County Recorder of said San Diego County"
(herein referred to as "Lot 17"), said deed received in
lieu of the required park fees for said tract; and
WHEREAS, CITY is willing to return said deed and
release its interest in Lot 17 to PACESETTER for use of
constructing the drainage facilities on condition that
PACESETTER pay to CITY park fees pursuant to Chapter 20.44
of the City Municipal Code, which would be due on the date
of this agreement, for Tract 73-24; which fees are in the
sum of $139,200; and
WHEREAS, PACESETTER further agrees to provide for the
construction and maintenance of said drainage facilities;
NOW, THEREFORE, the parties agree as follows:
1. CITY does hereby quitclaim to PACESETTER all its
right, title, and interest to Lot 17.
2.. PACESETTER, upon execution of this agreement, shall
pay for the acquisition of Lot 17 the sum of $139,200 to
CITY.
3. PACESETTER does agree to construct drainage facili-
ties in accordance with the requirements of the California
Coastal Commission as contained in Application No. 6-82-428
and in accordance with plans and specifications prepared by
the engineering firm of Buccola Engineering, Inc., and
-2-
.15
approved by CITY, and consistent with the City of Carlsbad
1980 Master Drainage Plan. The proposed plan for drainage
facilities, including a debris basin, shall be pursuant to
what is known as "Plan 6."
4. PACESETTER, in addition, shall provide a bond in
the amount of $350,000 to guarantee construction of the
drainage facilities, and further shall post a bond in the
amount of $5,000 to guarantee the maintenance of said facili-
ties.
5. PACESETTER agrees to provide for the continual
maintenance of the debris basin. In the event that CITY
Engineer finds that conditions exist, because of anticipated
flooding, indicating that maintenance of the desiltation
basin has not taken place, he may give two weeks written
notice to PACESETTER to correct said condition. If, after
two weeks.notice, the required maintenance of the desilta-
tion basin has not taken place, CITY may proceed with the
cleaning of the debris from the basin, and the cost incurred
by CITY shall be payable by PACESETTER.
6. PACESETTER further agrees that it will, as a con-
dition of approval of tract maps for the condominium units,
provide in the covenants, conditions, and restrictions a
provision for a homeowners' association to impose fees in an
amount sufficient to provide necessary funds to maintain
said drainage facilities.
-3-
E S
approved by CITY, and consistent with the City of Carlsbad
1980 Master Drainage Plan. The proposed plan for drainage
facilities, including a debris basin, shall be pursuant to
what is known as "Plan 6."
4. PACESETTER, in addition, shall provide a bond in
the amount of $350,000 to guarantee construction of the
drainage facilities, and further shall post a bond in the
amount of $5,000 to guarantee the maintenance of said facili-
ties.
5. PACESETTER agrees to provide for the continual
maintenance of the debris basin. In the event that CITY
Engineer finds that conditions exist, because of anticipated
flooding, indicating that maintenance of the desiltation
basin has not taken place, he may give two weeks written
notice to PACESETTER to correct said condition. If, after
two weeks.notice, the required maintenance of the desilta-
tion basin has not taken place, CITY may proceed with the
cleaning of the debris from the basin, and the cost incurred
by CITY shall be payable by PACESETTER.
6. PACESETTER further agrees that it will, as a con-
dition of approval of tract maps for the condominium units,
provide in the covenants, conditions, and restrictions a
provision for a homeowners' association to impose fees in an
amount sufficient to provide necessary funds to maintain
said drainage facilities.
-3-
7. The CITY recognizes that the benefited area, when
developed, will require the use of these drainage facilities.
CITY agrees that it will use its best efforts to impose, as
a condition of necessary development approval, a requirement
on such property owners to pay an appropriate share of the
future maintenance cost of such drainage facilities, unless
and at such time as a public agency has agreed to accept
ownership of such facilities; it being specifically agreed,
however, that CITY shall be under no duty to accept or
maintain such drainage facilities.
8. CITY agrees that it will use its best efforts to
secure reimbursement for PACESETTER from benefited developers
who have not contributed to the cost of such facilities by
collecting an appropriate share of the cost of the construc-
tion of these facilities; other than developers who ini-
tially have agreed to participate in such construction costs
for such purposes. PACESETTER agrees to certify to CITY its
total cost of acquiring and constructing such facilities and
shall, upon completion, advise CITY of such total cost and
of those developers who have participated in such cost.
Costs shall not include any amount-paid for Lot 17. In no
event shall CITY require any other developers to pay more
than the proportionate share of such cost, with such pro-
portionate share to be based upon the gross acres of the
project utilizing such facilities, shared over the benefited
area as shown on Exhibit A. attached hereto and made a part
hereof.
-4-
(B SAFEC0
TITLE INSURANCE
STATE OF CAUFORNIA 1 S.S.
COUNTY Q orange f
0 On this the_2nd day of_June before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared Leonard F. Goodman
,personally
known to me or proved to me on the basis of satisfactory evidence to be
Cr the President, and
-4 personally
known to me or proved to me on the basis of satisfactory evidence to be
C) Secretary of the corporation that executed the within
instrument- on behalf of the corporation therein named, and acknow-
ledged to me that such corporation executed the within instrument
2 pursuant to its by-laws or a resolution of it's board of directors.
0 Lu
CL Signature_
LL
FOR NOTARY SEAL OR STAMP
,-:- OFViCIALZ.'i.
FRcD W. t1)it
j -jy PUBLIC -cL:L:::,\ ,
OAE CG4TY
?4-1 C=m. ExxpliresMov.. 23, 1933
CITY OF CARLSBAD, a Municipal
APPROVED AS TO FORM: Corporation of the State of
- California
VINCENT F. BIONDO, JR. -
City Attorney NK-B--AE5ERE;-
MARY H. H. CASLER, Mayor
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
On this day of , in the year 1983, before
me the undersigned, a Notary Public in and for said State,
personally appeared Frank D. Aleshire, known to me to be
the City Manager of the City of Carlsbad, a municipal
corporation of the State of California, known to me (or
proved to me on the basis of satisfactory evidence) to
be the person who executed the within instrument on behalf
of said municipal corporation, and acknowledged to me that
such City of Carlsbad, California, executed the same.
WITNESS my hand and official seal.
NOTARY PUBLIC
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the date first hereinabove written.
PACESETTER HONES, INC.
br Vice President
(Notarial acknowledgement of execution of Subdivider must be
attached.)
CITY OF CARLSBAD, a Municipal
APPROVED AS TO FORM: Corporation of the State of
California
VINCENT F. BIONDO, JR.
City Attorney B- -AE5HRB7- 8±ty-Manag --
MARY H. CASLER, Mayor
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On this day of , in the yar 1983, before
me the undersigned, a Notary Public in and for said State,
personally appeared Frank D. Aleshire, known to me to be
the City Manager of the City of Carlsbad, a municipal
corporation of the State of California, known to me (or
proved to me on the basis of satisfactory evidence) to
be the person who executed the within instrument on behalf
of said municipal corporation, and acknowledged to me that
such City of Carlsbad, California, executed the same.
WITNESS my hand and official seal.
NOTARY PUBLIC
Fl
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Lt5CAPE
—S--EWE ---R PERMIT
07/30/91 08:12 Plan Check#: DWG3204L
Page 1 of 1
Job Address:
Permit Type: LANDSCAPE PLAN CHECK
Parcel No: 214-170-17-00
Description: BROCCATO Status: PENDING
: LANDSCAPE Applied: 07/29/91
Apr/Issue:
Permitee: HOFMAN PLANNING ASSOCIATES 619-438-1465 Expired:
2386 FARADAY AV STE 120 Prepared By: CLW
CARLSBAD, CA 92008
ENGINEER : BURTON ASSOCIATES Lic. E NO 619-457-3991
9868 SCRANTON RD, #200
SAN DIEGO, CA 92121
*** Fees Required *** *** Fees Collected & Credits ***
Fees: 21,250.00
Adjustments: .00 Total Credits: .00
Total Fees: 21,250.00 Total Payments: 21,250.00
Balance Due: .00
Fee description Units Fee/Unit Ext fee Data
Enter for Plan Check Fee > 8750.00 Yp.7/2f
Enter 'Y' for Inspection Fee > 12500.00
Total 21250.00
(Pt-1 c& i/oflj)2a/t ~1~
QUALITY
ORIGINAL (S)
CITY OF..cARLSBAD. J( /1?L( 1200 CARLSBAD VIL. ...AGE DRIVE CARLSBAD, AL RNIA g2oo8:
438-5621
5 Do
2203 05/02/9t0Qt) Q&' 03 REC 'D FROWL_C DATE. /I 8983-00
ACCOUNT NO.'",.:.. DESCRIPTION AMOUNT
QWR
• . ..................•., •,.
RECEIPT NO 3669 TOTAL -
[]
CITY OF CARLSBAD
REQUEST FOR REFUND
Account No. 001-810-0000-8816 Vendor No.
Amount of Refund $8,983.00 Fee Paid For: Landscape Plan check for Broccato (CT 89-19)
Date Fee Paid: 5/2/91 Fee Paid By: Odmark & Thelan
Facts Supporting Request: Landscape plan check fee previously had been paid on 5/2/91 and
then was paid again on 7/29/91.
Name of Applicant: 612Yf24 T1Lif4 t.V-.
Address: IOU4¼I94ffl( 'P'.1 '4X1 ZOl ?17. ( 03 2-'U 1 3X
Street City State Zip Telephone
Li I
-
iJi1IAYI: 11!Lf!jsll.!I1: --
Finance Investigation:
Rec:
Li Approve Li Disapprove Dept. Head Signature Date
City Manager's Action:
El Approve Li Disapprove
City Manager Si Date
(D;
QUALITY
ORIGINAL (S)
L
CITY OF CARLSBAD
1200 ELM MIENUE CARLSBAD, CALIFOkàIA 92008
4385621
REC'D FROM
DATE
ACCOUNT NO. DESCRIPTION AMOUNT
• /5 •tLcL' f
- - - (UY tofi/W W..
Mist
:i , •-, ---- i6O9O6!15/39OQQ1Ot OH
3L/
•-')L(
/ I i
'1 I 1
RECEIPT NO. 91730 --TOTAL ) i
.
PLEASE NOTE:
Time limits on the processing of discretionary projects established by state law
do not start until a project application is deemed complete by the City. The
City has 30 calendar days from the date of application submittal to determine
whether an application is complete or incomplete. Within 30 days of submittal
of this application you will receive a letter stating whether this application
is complete or incomplete. If it is incomplete, the letter will state what is
needed to make this application complete. When the application is complete, the
processing period will start upo-the date of the completion letter.
Applicant Signature:
Staff Signature:
Date:
• To be stapled with receipt to application
Copy for file