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HomeMy WebLinkAboutCT 90-04; TIERRA SANTA FE; Tentative Map (CT), \ r-»'"> , CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 10F 2 I} APPLICATIONS APPLIED FOR: (CHECK BOXES) (For DeVt. (For Deft. . Use On y) 'use,On y) 0 0 ~ Master Plan General Pl an Amendment ..... ,. ............... 0 Specific Plan 0 Site Dev~lopment ~lan ...... _ ...... , ....... 0 Precise Development Plan .•. 4b-~ 0 Zone Ch'ange ••.•••.•..•.•..• " . .. ~ Tentative Tract Map ...•••.. ~1 0 Conditional Use Permtt~ .• ! •• , ~ Planned Development Permit Pt/P8t:.(11 ~ Hi1lsi.de Development Permit. ffDffl-'=. D, 0 Non-Residential Planned ~. Environmental Impact ' Development Permit ........ Assessment •••..••.• ~ •••.•. 0 Condominium Permit .•....... D Vari ance ....... ' ... II! •••• : •• " •••• 0 D ) Permit .••• . Special Use Permit •••..•..• Planned Indu.strial 0 Redevelopment Permit ....... D Coastal Development Permjt .. ~ Tentative Parcel Map .....•. D Planning Commission Deter ..• 0 . , Administrative Variance .... " I 2) LOCATION OF PROJECT: ON THE ,I North I SIDE OFI Calle l;3arcelona " , , (NORTH, SOUTH, EAST, WEST) , (NAME O'F STREET) BETWEEN Iwest of Calle Acervo 1 AND 1 Rancho Santa ,Fe' I (NAME OF STREET) (NAME 'OF STREET) 3) BRIEF LEGAL DESCRIPTION: ~arcels 3 & 4 of Parcel Map No. 13970, in the City of Caris bad I County of San Di~o, State of California: Filed in the Office of the Cdunty Recorder of San Diego Coun y, September 5, 1985 as file no. 85-355261 of Of:ficial -: '1~ -" ' \ ,1 4) ASSESSOR PARCEL NO{S).I 0;1 ~ , ' 255~22 and 255--23 5) LOCAL FACILITIES ~ MANAGEMENT ZONE 6) EXISTING GENERAL 1 RLM PLAN DESIGNATION ' I 7~ PROPOSED GENERAL! LAN DESIGNATION , 'RIM ~ I 8) EXISTING ZONINGI PC 19) PROPOSED ZONINGI PC lio) GROSS SITE1 356 .. '. ACREAGE .," '\ 11) PROPOSED NUMBER OFI 112 RESIDENTIAL UNITS 112) PROPOSED NUMBERll12-OF LOTS ' 113) TYPE OF' . SUBD:IVISION I r~si9ent~ai " 14) NUMBER OF EXISTING RESIDENTIAL UNITSI I ' (RESlDENTIAL 0 COMMERCIAL ' INDUSTIRAL.), I n/a I I n/a I ' , 15) PROPOSED INDUSTRIAL 166 PROPOSED COMMERCIAL A OFFICE/SQUARE FOOTAGE SQ ARE,FOOTAGE . ADCUiVVlR nit ~/RQ' .! CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM· 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE I· 21.3% _ PAGE 2 OF. 2 19) PROPOSED INCREASE IN '~VERAGE DAILY 18) PROPOSED SEWER USAGE IN EQ~IVALENT DWELLING UNITS 112EDU'1 TRAFFIC I_ --=: . 1120~'S 20) PROJECT NAME: .... , __ T_IE_R_R_A_SA_N_T_A_FE ____________ ........ __ ~----...-sl 21)BRIEF DESCRIPTION OF PROJECT: A single family detached re-sid~ntial project 22) OWNER 23) APPLICANT NAME v~st:a ~'e, (A (PRINT OR TYPE)General Partnership. NAME'Hofman Planning Associates MAILING ADDRESS BDoadmoor Pacific, Inc., MAILING ADDRESS 2386 F-araday,Ste.120 General Partner . - 540.5 Oberlin Drive. - --CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP lELEPHONE San Diego, CA 92121 (619)535-152 3 Carlsbad Ca 92008. _ (61'438-1.4 ~ 5 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 ZKNOWLEDGE. INFORMATION IS TRUE AND .CORRECT TO SIGNATURE ~4w DATE THE BEST OF MY ~GE. ~ IO/2..:Y4>Q S!;~TU.fo. ...; DATE lob,/4,Q . By: Mic ael K. M. Chau, Executive Vice President ~ -~DAN KI"H~ - * ****************************************************************.tft******************* TOTAL _ FEE REQUIRED I Zit? L/9· 01) I RECEIPT NO·177 t, 8"7 ORDER NO. 9917~3~6 FIRST AMERICAN TITLE INSQRANCE COMPANY 411 IVY STREET, (P.O. BOX 808) SAN DIEGO, C4LIFORNIA 9210·1 (619) 238-1776 JUNE 27, 1989 BROADMOOR HOMES 5405 OBERLIN DRIVE, SUITE 200 SAN DIEGO, CALIFORNIA ATTN: MICHAEL CHAU OUR ORDER NO. 991763-6 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 }?OLleY 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 ENcmmRANGE NOT SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCUJDED 'FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES i CONDIT.IONS AND STI.PULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAl.D POLICY OR POLICIES ARE SET FORTH HEREIN. COPI~S OF TaB POLIGY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH IssuED TUIS REPORT. THIS 'REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO,) IS IsSuED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF APO~CY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF I.T IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMI~NT SHOULD BE REQUESTEO. DATED AS OF JUNE 21, 1989 AT 7:30 A.M. DIANNE DIRECT PAGE 1 OFFICER' '.' ORDER NO. 991763-6 THE FORM OF POLICY TITLE INSURANCE CONTEMPLAT.ED BY THIS REPO~'r IS·: SUBDIVISION MAP GUARANTEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN": VISTA SANTA FE, A CALIFORNIA GENERAL PARTNERSHIP THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIB~D 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, THEPRl;NTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD ~E AS' FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL. YEAR 19'89-90, A LIEN, NOT YET PAYABLE. 2 • THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSl;:SSED PURSUANT TO CHAPTER 3.5 COMMENCIN(; WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY· 'OTHER APPLI'CABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION COOE. 3. SUPPLEMENTAL TAXES: I I THE REQUIREMENT THAT THIS COMPANY aE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER· OF THE H'~REIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW • . 4. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES,' EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMJ;TS OF THE HEREIN DESCRrBED RIGHT-OF-WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID RIGHT OF WAY AS GRANTED IN DEED RECORDED JULY ~4, 1917 AS FILE NO. 77-281161 OF OFFICIAL RECORDS. PAGE 2 • ORDER NO. 991763-6 5. THE FACT THAT PARCEL MAP NO. 13970 CONTAINS THE. FOLLOW~NG RECITAL: ·THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENr:r OF' THE SUBJECT PROPERTY UNTIL THE CITY COUNCIL OR RESPECTIVE· SEWER AGENCIES· DETERMINE THE SEWER CAPACITY IS AVAILABLE AT THE TIME OF APPLICATION FOR SUCH PERMITS AND WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY. 6. AN EASEMENT FOR SEWER PIPELINE OR PIPELINES, MANHOLES, LATERALS, PUMP STATION AND APPURTENANCE, THE RIGHT OF INGRESS AND EGRESS, AND INCIDENTAL PURPOSES IN FAVOR OF LEUCADIA COUNTY WATER DISTRICT, RECORDED APRIL 11, 1989 AS FILE ~O. 89-187733 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL 4 OF PARCEL MAP NO. 1397-0, FILED IN THE OFFICE OF THE COUNTY RECORDER IN SAID COUNTY, IN SAID STATE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE ANGLE POINT ON THE WESTERLY BoUl-n:>ARY LINE OF SAID PARCEL 4, SAID POINT FORMED BY THE INTERSECTION OF 2 COURSES: NORTH 8°54'11" WEST, 166.44 FEET AND NORTH 38°54'24'i EAST, 4-S7.0S FEET; THENCE ALONG SAID BOUNDARY LINE, NORTH 38°54'2:8" EAST, 2.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTI:I 3s054'24" WEST, 10.02 FEET; THENCE LEAVING S~ID BOUNDARY LINE, THE FOLLOWING COURSES: SOUTH 54°15'00" EAST, 50.33 FEET; SOUTH 62°19'2.S" EAST, 109.17 FEET; SOUTH 27°40'32" WEST, 10.00 FE~T; NORTH 62°18'28" WEST, 109.88 FEET; NORTH 54°15'00" WEST, 51.59 FEET TO THE TRUE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 7. AN UNRECORDED EASEMENT FOR STORM DRAIN AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL 4 OF PARCEL MAP NO. ·13970,. FILED IN THE OFFICE OF THE COUNTY RECORDER IN SAID COUNTY, IN SAID STATE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN ANGLE POINT ON THE WESTERLY BOUNDARY LINE OF SAID PARCEL 4, SAID POINT FORMED BY THE INTERSECTION OF 2 COURSES: PAGE 3 ORDER NO. 991763-6 NORTH 8°54'11" WEST, 166.44 FEET AND NORTH ~8°54'44" EAST, 487.08 FEET; THENCE ALONG SAID BOUNDARY LINE, NORTH 8· 54' 11" E~ST, 2.30' FEET; THENCE LEAVING SAID BOUNDARY LIN-E, SOUTH 54,015' ooj· EAST, 51.59 FEET; THENCE SOUTH 62 0 19' 28" EAST, 100.37 FEET; THENCE SOUTH 27 ° 40' 32" WEST, 15.00 FEET; THENCE NORTH 62 ° 19' 28" , WEST, , 101.43 FEET; THENCE NORTH 54°15'00" WEST, 40.23 F,EET TOTliE TRUE. POINT OF BEGINNING. - 8 • A DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY, AGR$EMENT AND FIXTURE FILING TO SECURE THE PERFORMANCE; UNDER AN AGR;EEJ1ENT' REFERRED TO THEREIN, AND ANY OTHER AMOUNTS AND/OR OBLIGATIONS SECURED THEREBY, RECORDED JUNE 13,1989 AS FILE', NO. 89-3~0006 OF OFFICIAL RECORDS. DATED: JUNE 5, 1989 TRUSTOR: VISTA SANTA FE, A CALIFORNIA GEN'ERAl;J PMTNERSH:rP TRUSTEE: CALIFORNIA GENERAL MORTGAGE SERVICE, INC., A CALIFORNIA CORPORATION , BENEFICIARY: GREAT AMERICAN FIRST SAVINGS BANK; A CALIFORNIA CORPORATION 9. AN ACTION COMMENCED JUNE 15, 1989, IN THE MUNICIPAL COURT IN AND FOR THE COUNTY OF SAN DIEGO. CASE NO.: 92997 PLAINTIFF: PAULEY EQUIPMENT RENTALS, INC. , A CALIFORNIA CORPORATION, VS. DEFENDANT: WHITING LOADER RENTAL, INC. -, A. CALIFORNIA CORPORATION; HOMES BY POLYQON., A CA~IFORNIA LIMITED PARTNERSHIP; VISTA SANTA FE, A CALIFORNIA. GENERAL PARTNERSHIP; GIU:AT AMERICAN DEVELOPMEN:T, COMPANY, A CALIFORNIA CORPORATION;· BROADMOOR PACIFIC, INC.; A CALIFORNIA CORPORATION; ANP DOES I THROUGH XX, INCLUSIVE . ' PURPOSE: THE ACTION CONCERNS REAL PROPERTY CO}1MONLY KNOWN AS BARCELONA HOMES, CALLE B~CELONA, CITY OF CARLSBAD, COUNTY OF SAN DIEGO; STATE OF CALIFORNIA, AND LEGALLY OESCRIBED AS FOL¥OWS: . PARCELS 3 1\ND 4 OF PARCEL MAP NO. 13970 ,IN TffE CITY OF ClffiLSBAD, COUNTY OF SAN ,DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE .COUNTY RECORDER OF SAN DIEGO COUNTY, 'S~PTEM:BER 25, 1985 AS FILE NO. 85-355261 OF OFFICIAL RECORDS. THE ABOVE MENTIONED PROPERTY _ IS THE OBJECT OF PLAINTIFF'S ACTION HEREIN. NOTICE OF PENDENCY OF SAID ACTION WAS RECORDED JUNE 20, ·1989 AS FILE NO. 89-324833 OF OFFICIAL RECORDS. PAGE 4 '. ORDER NO. 991763-6 10. THE TERMS, COVENANTS, AND PROVISIONS OF THE PARTNERSHIP REFE~D TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS. 11. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A ,COPY OF THE PARTNERSHIP AGREEMENT. 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: 09045 255-031-22 $6,860.22 PAID $6,860.22 PAID $1,310,904.00 $-0- $-0- 09045 255-031-23 $5,825.74 PAID $5,825.74 PAID $1,113,228.00 $-0- $-0- I I PAGE 5 ORPER NO. 991763-6 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE' STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCELS 3 AND 4 OF PARCEL MAP NO. 139'10, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OfFIC~ OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMl3ER 25, 198.5 .AS· FII$ NO. 85-355261 OF OFFICIAL RECORDS. I I PAGE 6 e • ,~, ~, ' , .. '"'1t " ~ ~ i \ 2~-C>ol CURVE TABLE I'" En" ...,1\£ IIC~ 1 ... ,I "'00'00' ZI 00' 5.2'1' ZI.oo· 2 :M'U':M' a.oo· m.lI2· 140.117' 1 ,)":wnr;' 311).00' 1I1.!lII· c;.71· • 2'1'22'11' <lO.OO· ~.2· I~.7II· 5 .7'21',,' 730,00' 221.09' 111.4')" I 16'$'." l7Iloc' ,,,,,OZ' :'\.11' 7 17'51'or ClO.oo· 12' &!' 1i2 ..... • lC'oo'CC' 20.00' ~ OZ' 20.00' • 2!I':'<'CC' IiJOCO' 117.77' 11i2.:M· SO 117'C!l'C' 25.00' 31.111' 23.7.· II 5·~·:M· IOQ.CO· 107.41' SUII' 12 "':!I'Ir .COO.CO· "".OZ· 163.115' 1] TS'gr 1tr1O.CO· m ... · E .... · ,. !5'D'21' <lO.CO' "£.7.' 511.73' 15 "· .. ·50· <lO.CO· 11111>' ... 48' " 2'17'22" lCOOCO' 311.116' 19.111' 17 JO"~'D' ~5l50 zgz.ci "~48' II TlI"g1' 11 12'4O'C' 20 ,,'15'lr 6.00" SII<CI.CO· SOCZ.CO· 127.'" 113.115' ZlO.~' "S7Ii' DIllS' '711.51' ~'~ mrr/ L/ t:.b. ~t-<:J ,,~' «i "t-<:J ~ .. " -i-c.;?P ~t-~ ~l' UNIT I VISTA SANTA FE C.T. tJ/-l& MA,P ND.IOtJf?~ .~ . ' tr ,~ lINAOOF1. 'RICK, ENGINEERiNG CO. ,30,'8 P.iO·PICo.oi't., !=ARl:SBAD, CA 92006 .(619) 729·<49117 PARCEL 1 9.109 GROSS AC. 7.!>B!> NET AC, ~ .. ~ L'O.1J, ,,' -I-"'~' ~ 84' ROAD f.A5EM£ 1fT GRANTf.D ro THE CITY Of CARLS8':O PER OOC NO 77,2811 61 REC. JULY 14, 1977. SEE MAP NO.9958 a 9959. NOT A PART PARK Hl'~'~l"l ~~oo' PARCEL 4 15.353 GROSS AC. PARCEL 3 20.799 GROSS M:. ·A.... 20.26:? NET AC. COMPLIANCE 1984 O. R. 2\~·OO'l. \ ';''''~_\ 30 ~~" . ",,'. /. H~O,"06'~E ~5" \~o~~/ 1t-'" ,,~...... r\~\' // .. ~~ , ;Z"33'03' • • /" lot>, /' ,)'.00' L:Z3.15: 't., '{>~/ \/" ," . ,~ . I., ~ ~ f' ~ . ,~';FD. Z'IRON 1 \ ./.~' DCISTING EAS > ;V-,.,," 0 ,~".~ I"" ,~o ,'"'~ ,,_0 >¥'" ; '-'."'~'O!'~-" ... ' " ., "jP.' .... ,,. ... "",,""""''''''0 "::PO TH £ CIT)' CF ,'_'--,"'" _~~' , " /' .>~ ,~ .,,' ... "","" OR,""'" ,.~.", ./ ' UNIT 3 VISTA' 'SANTA -FE . C.'1'. 81· 16 MAP NO. II 12fJ .. " >.0 13970 SHEET 20F2SHEETS MINOR SUBDIVISION NO. 671 LEGAL DESCRIPTION FWlCEl "A' OF CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT 84·358889 RECORDED SEPT. ZI, 1984. BASIS OF BEARING THE WESTERLY SIDELINE OF CALLE ACERVO AS SHOWN ON MAP NO. 9958 LEo N6'SZ'OO·E LEGEND ~. ____ INDlCAT£S FOUND Z-IRON PIPE WITH DISC STAMPED LS.43Z4 PER MAP 10/89 o ____ INDICATES FOUND Z-IRON PIPE WITH DISC STAMPfI) LS.43Z" PER MAPI0991 UNLESS OTHERWISE .vOTED. ~ ____ INDICATES FOUND Z·,RON PIPE WfTH DISC STAMPED L.s. 3189 PER MAP 9958 • • ____ INDICATES FOUND 3!4. IRON PIPE WITH PLASTIC CAP STAMPED R.C.E. Z9Zn PER PARCEL MAP 135Z4. o ----INDICATES SETZ'XZ4"IRON PIPE WITH PLASTIC CAP STAMP£D LS.3189. ~--ACCESS RIGHTS RELINOUISHED HEREON. UNLESS OTHERWISE SHOWN ON THIS MAP. A 3/4"x IB" IRON PIPE WITH PLASTIC PLUG STAMPED L.S. 3189 Will BE SET ON'ALL INTERIOR PARCEL LINES AT ALL ANGLE POINTS AND All POINTS OF CURVATURE. IN THE EVENT THE ABOVE TYPES OF MONUMENTS CAN NOT BE SE:r ~f ro UNFOR£SEEN CIRCUIrISTAN;;CS. THEN I WILL AFFIX A TAG OR DISC STAMPED L.S. 3189 IN CONCRETE. STONE. WOOO OR METAL AT n£ POSITION CALLED FOR BY THIS MAP. ,NUMBER OF ACRES: 67.463 GROSS TOTAl, NUMBER OF LOTS: 4 VICINITY MAP ~ ~ ,JJ~ / \ ,< ~I .... }': . ~i'(' '" " ,i '~ ,L, ~------------------------------------------------------~----- {~ -. ' " . ORDER NO. 991763-6 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CAI4FORNIA 92101 (619) 238-1776 OCTOBER 31, 1990 BROADMOOR HOMES 5405 OBERLIN DRIVE, SUITE 200 SAN DIEGO, CALIFORNIA ATTN: MICHAEL CHAU OUR ORDER NO. 991763-6 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POL!CY OF TITLE INSURANCE, THIS COMPANY HEREBY REPO~TS THAT IT IS PRI!;PARED To ISSUE, OR CAUSE TO BE ISSUED, AS 0:' THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, DSUlUNG AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENctlM:BRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPrION HEREIN OR NOT UCLUDED FRPM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDI~IONS' AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPl'IONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLlCY FORKS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHIcH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO), IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT' IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE' OF A POLICY' OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF OCTOBER 29, 1990 AT 7:30 A.M. DIANNELIViSTO/CM=TITLEOFFICER DIRECT DIAL PHONE 231-4'654 PAGE 1 ORDER NO. 991763-6 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: SUBDIVISION MAP GUARANTEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: VISTA SANTA FE, 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 ';['0 'THE PRINTED EXCEPTIONS ~D EXCLUSIONS CONTAINED IN SAID POLICY FORM,WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1990-91, A LIEN, NOW PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3 • 5 COMMENCING WITH SECTION, 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. / 4. THE PRIVILEGE AND RIGHT TO EXTEND D~INAGE STRUCTURES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE HEREIN DESCRIBEP RIGHT-OF-WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID RIGHT OF WAY AS GRANTED IN DEED RECORDED JUtY 14, 1977 AS FILE NO. 77-281161 OF OFFICIAL RECORDS. PAGE 2 ORDER NO. 991763-6 5. THE FACT THAT PARCEL MAP NO. 13970 CONTAINS THE FOLLOWING RECITAL: THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILOING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY UNTIL THE CITY COUNCIL OR RESPECTIVE SEWER AGE:NCIES DETERMINE THE SEWER CAPACITY IS AVAILABLE AT THE TIME OF APPLICATION FOR SUCH PERMITS AND WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY. 6. AN EASEMENT FOR SEWER PIPELINE OR PIPELINES, MANHOLES, LATERALS, PUMP STATION AND APPURTENANCE, THE RIGHT OF INGRESS AND EGRESS, AND INCIDENTAL PURPOSES IN FAVOR OF LEUCADIA COUNTY WATER DISTRICT, RECORDED APRIL 11, 1989 AS FILE NO. 89-187733 OF· OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL 4 OF PARCEL MAP NO. 13970,. FILED IN THE OFFICE OF THE COUNTY RECORDER IN SAID COUNTY, IN SAID STATE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE ANGLE POINT ON THE WESTERLY BOUNDARY LINE OF SAID PARCEL 4, SAID POINT FORMED BY 'rHE INTERSECTION OF2 COURSES: NORTH 8°54'11" WEST, 166.44 FEET AND NORTH 38°54'24" EAST, 487.08 FEET; THENCE ALONG SAID BOUNDARY LINE, NORTH 38°54'28" EAST, 2.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 38 ° 54 ' 24" WEST, 10. 02 FEET; THENCE LEAVING SAID BOUNDARY LINE, THE FOLLOWING COURSES: SOUTH 54 °15' 00" EAST, 50.33 FEET; SOUTH 62 °19' 28" EAST, 109.17 FEET: SOUTH 27°40'32" WEST, 10.00 FEET: NORTH 62°],.8'28" WEST, 109.88 FEET: NORTH 54°15'00" WEST, 51.59 FEET TO THE TRUE POIN.T OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTH~R PARTICULARS. 7 • AN UNRECORDED EASEMENT FOR STORM DRAIN AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL 4 OF PARCEL MAP NO. 13970, FILED IN THE OFFICE OF THE COUNTY RECORDER IN SAID COUNTY, IN SAID STATE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN ANGLE POINT ON THE WESTERLY BOUNDARY LINE OF SAID PARCEL 4, SAID POINT FORMED BY THE INTERSECTION OF 2 coURsES·: PAGE 3 ORDER NO. 99176,3-6 NORTH 8°54'11" WEST, 166.44 FEET AND NORTH 38°54'24" EAST, 487.08 FEET; THENCE ALONG SAID BOUNDARY LINE, NORTH 8°54'11" EAST, 2.30 FEET; THENCE LEAVING SAID BOUNDARY LINE, SOUTH 54 °15 '00" ~ST, 51.59 FEET; THENCE SOUTH 62°19'28" EAST, 100.37 FEET; THENCE SOUTH 27 0 40' 32" WEST, 15.00 FEET; THENCE NORTH 62 °19' 28'. WEST, 101.43 FEET; THENCE NORTH 54°15'00" WEST, 40.23 FEET TO THE TRUE POINT OF BEGINNING. 8 • A DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING TO SECURE THE PERFORMANCE UNDER AN AGREEMENT REFERRED TO THEREIN, AND ANY OTHER AMOUNTS AND/OR OBLlGATIONS SECURED THEREBY, RECORDED JUNE 13, 1989 AS FILE, NO. 89~,310006 OF OFFICIAL RECORDS. DATED: JUNE 5, 1989 TRUSTOR: VISTA SANTA FE, A CALIFORNIA. GENERAL PARTNERSHIP TRUSTEE: CALIFORNIA GENERAL MORTGAGE SERVICE, INC. , A CALIFORNIA CORPORATION BENEFICIARY: GREAT AMERICAN FIRST SAVINGS BANK, A CALIFORNIA CORPORATION PAGE 4 1990-91 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: 09045 255-031-22 $25,669.25 OPEN $25,669.25 OPEN $4,729,740.00 $-0- $-0- 09045 255-031-23 $21,377.32 OPEN $21,377.32 OPEN $3,940,260.00 $-0- $-0- PAGE 5 ORDER NO. 991763'!""6 ORDER NO. 99-~763-6 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCELS 3 AND 4 OF PARCEL MAP NO. 13970, IN THE CITY OFCAR~BAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 25, 1985 AS FILENO. 85-355261 OF OFFICIAL RECORDS. PAGE 6 "','1 l' \t 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY ~ 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 4-6-90) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Ar}Y la",:, ordinance 0; govemm~ntal regulalion (including but not limited to building and zon~n~ .ordinances) r.es~cting or re~ulaling or pro~ibi~ing the occupancy,use or enjoyment of the lall\!, or regulaling l!1e 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 dlmensiQns 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 govemmental rights of police power unless notice of the exercise of such rights appears in the public ~cords at Date of Policy. 3. Delects, liens, encumbrances, ac!VerSd eiaims, or nther 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 01 Policy or at me date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed 'in wriling,by the insured claimant' to the Company prior to the date such insured claimant became an insured hereunder; (c) resulling In no loss or damage to the insured claimant; (d) attaChing· or created subsequent to Date 01 Policy (~cept to- the extent insurance is afforded herein as to any statutory lien lor labor or material or to the extent insurance is afforded herein as to asseSsments-lor street improvements under construction or completed at Date of PoliCY). 4. Unenlorceability 01 the lien 01 the insured mortgage because 01 failure 01 the insured at Date 01 Policy or 01 any subsequent owner 01 the indebtedness to comply with applicable 'doiligbusiness' laws 01 the state in which the land is situated. 5. MY claim, which arises out 01 the transaction creating the interest 01 the mortgagee insured by this policy, by reason 01 the operation 01 federal bankruptcy, state insolvency, or similar creditors' rights laws. 5. AMERICAN LAND MLE ASSOCIATION LOAN POLICY -1970 (AMENDED 4-6-90) WITH REGIONAL EXCEPTIONS When the American Land Title Association lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. ' SCHEDULE B This policy does not insure against loss or damage by reason 01 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 rea) property or by the public records. 2. Ally facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection 01 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, conllicts 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; reservalions or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Ally lien, or right to a lien, lor services, labor or materialtheretolore or hereafter fumished, imposed by law and not shown by the public -records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1990 WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE· EXCLUSIONS FROM COVERAGE The following mailers are expressly excluded Irom the coverage 01 this policy and the Company will not pay loss or damage, costs, attorneys' lees-or expenses wnjch arise by reason of: 1. (a) Ally law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohlbllingor relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or localion of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change'in'the dimenSions or area:olthe land or any Rllrcel of w,hich the land is or was a part; or (iv) environmental protection, or the effect of any violalion of these laws, ordinances or governmental regulalions, except to theextent.that a:notice of the enforcemenUhereof 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) Ally 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 mailers: (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 claimantprior 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 (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 date of policy); or (e) resulling 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 01 the inability or failure of the insured at Date of Policy, or the inability or lailure '01 any subsequent owner oUhe indebtedness"to,comply with applicable "doing business' laws of the state in which the land is situated. 5. Invalidity or unenforceabllity of the lien 01 the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage'ani:l·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 improvement, or woikJelated to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the;indebtedness secured by ihe insured mortgage:which aIDate of Policy the insured has advanced or is obligated to advance. - 7. Ally claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operati,on onederal bankruptcy, state insolvency, or similar creditois' rights lawS. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1990 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 exceplions.lo'coverage appear in the policy. u",r.:.,H._:. 1. This policy does not insure against loss or· damage (and the Cornpany will not pay costs. attorneys' lees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing aulhority that levies taxes or assessments on real property or by the public records. 2. My 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, encroachmenls. or any other facts which a correct SlIMlY would disclose. and which are not shown by public records. 5. Unpatented mining claims; reseMtions or exceptions in patents or In Acts authorizing the issuance thereof; water rights, claims or title to water. 6. My 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. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -199o 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) Arrt law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinaces, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy. use, or enjoymenl 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 a part; 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) My 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 attecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy. but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the instJ'ed 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) resuiling 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. 4. Any claim. which arises out of the transaction vesting in the in5l!red the estate or interest insured by this policy. by reason of the operation of federal bankruptcy. state insolvency. or similar creditors' rights laWs. I. AMERICAN LAND mLE ASSOCIATION OWNER POLICY -1190 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure againsl 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. My 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; reseMtiOns or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. My 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 mLE ASSOCIATION RESIDENTIAL mLE INSURANCE POLICY -1987 EXCLUSIONS In addition to the Exceptions in Schedule S, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power. and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations conceming: • 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 Tille 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 tak/ng. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date -unless they appeared in the public records • that result In no loss to you • that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for yotf title. 5. ~ck of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A, or • in streets, alleys. or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of :overed Tille Risks. .. 't. .. 't ':t" at..j- Form No. 1068·1 (Rev. 7190) Exhibit A to Preliminary Report Preliminary Report First American Title Insurance Company EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCWSIONS (By Policy 'IDe). 1. CALIFORNIA LAND nnE ASSOClAnON STANDARD COVERAGE POUCY -1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure agalnst loss or damage (and Ihe Company will not pay costs. attorneys' fees or expenses) which De by reason 01: 1. Taus or assessmenIs which are not shown as exisIlng liens by !he records of any taxing auIhority !hit levies taxes or assessments on real property or by !he public records. Proceedings by a public agency which may resull in taxes or assessments. or notice of such proceedings. wIIeIher or not shown by !he records of such agency or by !he public reconls. 2. Iont fac:Is, rights. Intemts Oi claims which are not shown by !he public records bW which could be asceIIained by an inspection of !he land or which may be asserted by pe!SOI1S In possession thereol. 3. Easements. liens or enctmbr.lnces. or claims thereof, which 8111 nol shown by !he public records. 4. DiSCIepanCies, conflicts in boundary lines, shoItage In area. encroachmenls. or any other facts which a correct SlIMY would disclose, and which 8111 nol shown by Ihe public records. 5. (a) Unpatented mining claims; (b) l8SIIMIlons or exceptions in patents or In Acts authorizing !he issuance thereof; (c) water rights, claims or HUe 10 waler, whether or nolthe mailers excepted under (a), (b), or (c) 8111 shown by !he public reconIs. EXCWSIONS FROM COVERAGE The foliowing mailers 8111 expressly exclUded from !he coveraoe of this policy and Ihe Company will not pay loss or damage, costs. attorneys' lees or expenses which arise by reason of: 1, (a) AlrJ law, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) !he occupancy, USB, or enjoyment of !he land; (Ii) the character, dimensions or location of any improwment now or hereafter erected on !he land; (iii) a sepa/aUon in ownership or a change in the dimensions or area of !he land or any parcel of Which the land is or was a part; or (Iv) envirorvnental protection, or !he eHeet of any violation of these laws, ordinances or governmental regulations. except to !he extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation aHecting the land has been recorded in !he public records at Date of Policy. (b) AlrJ governmental police power not excluded by (a) aboYe, except to !he extent that a notice of !he BXIIICise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation aHecting the land has been recorded In !he public reconIs at Date of FoIicy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public reconIs at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date 01 Policy which would be binding on the rights of a ptId1aser for value without knowtedge. 3. Defects, liens, enCUlllbrances, adverse claims, or other matters: (a) wIIeIher or noIrecorded In the public records at Date of Policy, but created. suffered, assumed or agreed to by Ihe Inswd claimant; (b) not known to the Company, not recorded In the public records at Date of Policy, bW known to the illSlled claimant and not disclosed in writing to Ihe Company by Ihe Insured claimant prior to the date Ihe insured claimant became an insured under this policy; (c) resulting in no loss or damage 10 the IIlSIIed claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if Ihe llISII8d claimant had paid value for !he insIndmortgage or for the estate or interest inslRd by this policy. 4. Unenforceability of !he lien 0/ the illSll8d mortgage because of the inability or failllll of the insured at Date of Policy, or !he Inability or failure of any subsequent owner of Ihe Indebtedness, to comply with the applicable 'doing business' laws of !he state In which the land Is situated. 5. Invalidity or II1Bnforceabllity of the lien of the insured mortgage, or claim thereof. which arises out 0/ the transaction evidenced by the insured morigage and is based upon usury or any consumer credit protection or truth in lending law. 6. Iont claim, which arises out of !he transaction vesting In the insured the estate or interest Insured by their policy or the transaction creating the interest of the insured lender, by reason of Ihe operation of federal bankruptcy, slate Insolvency or similar creditors' rights laws. 2. AMERICAN LAND nnE ASSOClAnON OWNER'S POUCY FORM B -1970 (AMENDED 4-6-90) SCHEDULE OF EXCWSIONS FROM COVERAGE 1. Iont law, ordinance or governmental regulation (including but not limited 10 building and zoning ordinances) restricting or regulating or prohibiting Ihe occupancy, USB or enjoymenl 01 the land, or regulating the character, dimensions or location of any Improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions 01 area of the land. or the effect of any violation 01 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 reconls 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 eilher at Date of Policy or allhe date such claimanl acquired an estaIe or interest by this policy and not disclosed in writing by the Insured claimant to the Company prior to the date such Insured claimant became an insured hereooder; (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 eslate or interest inslRd by this pOlicy. 4. AlrJ claim, which arises out of the transaction vesting in the insured the eslate or interest insured by this policy, by reason of the operation of federal banlcruptcy. state insolvency, or similar creditors' rights laws, 3. AMERICAN LAND nnE ASSOCIAnON OWNER'S POUCY FORM B -1970 (AMENDED 4-6-90) WITH REGIONAL EXCEPTIONS When the American unci Tille Association polley is used as a Standard COWIrage Policy and not as an Extended Coverage Policy Ihe exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear 10 the POlicy. SCHEDULE B This pOhcy dOeS nol Insure aQilnSI loss or damaoe by reason of the matters shown In parts one and two follOWing: Pw1 One 1_ (.( ~~~~ "'''CJ\ .ve nor Shown as eluSlll10 hens by Ihe records of any taxinO aulhority that levies taxes or assessments on real property or by the public records . .... 10<::. .~\ .' ...... .I~ 01 ct.wTl\ ..n1CJ\.ve nor Shown by lhe publiC, records bUl which could be ascertained by an Inspection of said land or by making Inquiry of persons in possession thereof. , .. -.\ : ...... :, ..... ~ co ~M'C~ ..... U\.ve not Shown by !he public records. --...... ,"' .... " ,. ~~, ~ft :.ru-~ on ..... MClI\OCrwn.ntS or any ct!lef tacts 'MIlch a correct survey would diSClose. and which are not shown by public records. -..... ---~ ·-.... ·r. , .... "« •• ~ .' ;_tt ., • ,-<:" a.th'''rrt; "" .';WnCc !hereof Naref rights. claIms or htle to water. -.-... .,.. ... -" -•• " .... ·r •.• _ .......... • ....... H • ,. ': ... , -~'"'."~' •• r. ,'.., r,', ".rnwn'nv Ire cubhc rncorns ... ... r~~-~·~~~· ..,. -1200 CARLSBA~ILLAGE DRIVE CARLSBAD, 'LiFORNIA 92008 438-5621 DATE ACCOUNT NO. DESCRIPTION AMOUNT : ~ 5' /2 lSI) .~ I - I I f J.,/~7 W/.£J.J '1<:. VVV..!. v..!. V';' I C-PRMT .4S{l2«SO RECEIPT N0·1 ,g77 TOTAL • CITY OF CARLSBAD • 1200 ELM _ NUE CARLSBAD, CAUFO A 92008 438·5621 ACCOUNT NO. RECEIPT NO. 97687 AMOUNT 100 I ··loO I 'Oa I . I 6 ... 5'"' :00 I :ca 0915 101251 • 0001 01 02·: '" .., ~n I • I .I TOTAL 1)01/ C; I 00 I . ""-' --" ~ ,. ,. • PLEASE NOTE: Time limits'on the processing of di'scretionary .pr:oje~ts establ is:hel.by state\aw' do not start until a proj~ct app1ic~tion is deemed complete by the City. The . City has 30 ~.a]endar .days from the date of appli'cation submiJlal to·.deterlJ1ine whether. an app·l ication. i·s s:omp leteor. i nCOi1)plete;'Withi n 30d'aYsof subm,1.tta,l of this applicaijon you wHl, receive a letter stat,ing whe~her this appl iCatlon is complete 'or incomplete. If it is incomp'lete, the letter will state what is' " needed to IJra.ke this. application complete. When the Cl.ppliccati.on .is complete, the process tng .peri·od wi 11 start ·upon " e da~e 1,~he 0 pl et ion, 1 et.ter. Applicant Si~nature: 7: . . ' . Staff Signature: Date: "~ ___ '-L.IiJ.4rp:...=a..~S=:.f.-;J-Ig[.....!....'-Afi",-,-·· .. _. ---',-~~~..,.-.'o---,-~~ To 'be stapled w:ith r,ecelpt to appl'iC<itibn Copy for file • '. DISCLOSURE FORM APPLICANT: VISTA SANTA FE" a Califerni:a g,eneral partneJ::'ship AGENT: MEMBERS: Name (individual, partnership, joint venture, corporation, syndic;ation) 5405 Oberlin Drive, San DiegO', Calif. 9~121' Business Address (6l9) 455-6200 Telephone Number BROADMOOR PACIFIC, INC., a Califernia co~peratien Name 5405 Oberlin Drive, S'an DiegO', Calif." 92121 Business Address C6l9} 455-6200 Telephone Number BROADMOOR PACIFIC, INC., general partJ;1er . (a Cal:i,f ~ co;'!:"p.), Name (individual, partner, joint Home )\ddres$ . venture, corporation, syndication) 5405 Oberlin Drive, San DiegO', C9:lif., 9·2i2l Business Address (6l9} 455-6200 Telephone Nun,tber GREAT ~lliRICAN DEVELOPMENT Name Telepl:lone N\,Jinber CO." .general partner (a Gaii'f,. cerp.) Ho'me Address' 600 "B'" ,Street, Suite 700, ,San Diego,·:GaJ,if.~2l0J., Business Address (619) 231-6442 Telephone Number Telephone Number (Attach more sheets if necessary) I/We understand that if this project is located in the Coastal Zone, :l/we will apply for Coastal Commission Approval prior to development. I/We acknowledge that in the process of reviewmgthis application, it may be necessary for members of City Staff, Planning CommissiQners, Design Review60atd members, or City Council members to inspec:t 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 cohtained in this discJosu,re ,is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. VISTA, . SANTA :FE, ~ , ~ , APPLICANT By£:OOR PACIFIC, ,[NC •... By ~gen.t, 'Owner, partn~r , . --, -~. -'.~ ".._,.,. -' :'11 , ~ .... 2' ~~ .. . CITY OF CARLSBAD ~ APPLICATION REQUIREMENTS FOR TENTATIVE TRACT MAPS TENTATIVE PARCEL MAPS CONDOMINIUM PERMITS PLANNED DEVELOPMENT PERMITS Thepllowing materials shall be submitted for each application. . . !9 1. Eight copies of the tentative map/condom,inium site plan prepared on a 2411 x 36 11 sheet(s) and folded into 8% x U 1i size. Fifteen copies \\ of the tentative tract map/condominium site plan shall be submitted U U LL LL LL U LL 'U U LL \\ by the app 1 i cant upon request of the proj ect planner prior to proj e'ct approva 1 . Each tentative map shall contain the fo 11 owtng information: I. General Information: A. Name and address of owner whose property is proposed to be subdivided and the name and address of the subdivider; B. Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps; c. North point; D. Scale; vicinity map; E. Date of preparation; F. Classification of lots as to intended residential, commercial, industrial or other uses; . G. Tentative Map 'number in upper right hand corner (City to provide number at time of application.) H. Number of units to be constructed when a condominium or community apartment project is involved; 1. Name of sewer and water district providing service to the project. J. Average Daily Traffic generated by the project broken down by separate uses. 1:301iM btX... \ I I . Site Information: r-MS _\ U LL LL U U U A. General '''-I) Approximate location of existing and proposed bUildings and permanent structures; "2-)__ Location of all major vegetation, showing size and type; -3-}-Locat i on of ra i 1 roads; . ~i-Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data); , '5-->--. Lot 1 i nes and approximate dimensi ons and number of each' lot; , ~B~ Streets and Utilities 1) The location, width and proposed· names of all streets within and adjacent to the proposed 'subdivision, show proposed street grades' and centerl ine radi i.' Provide separate profile for all streets with grades in excess of 7%. Streets shoul d be in conformance wi th City Standards and Engineering Department Polici~s. (Especially Policy Numbers 1 and 22) ARFRM0003A.DH 7/89 ~ .>. U L' U U. U U U L1 U C • "2) -Name, location and width of eX!ing adjacent streets and alleys. , "$~ Typical street section for a lladj acent streets and ~)- streets within the project. Width and location of all existing or proposed public or private easements; Public and private streets and ut.ilities clearly identified. Show distance between all intersections and medium and high use driveways. Clearly show parking stall and isle dimensions and truck turning radii for all parking areas. Show access points to adjacent undeveloped lands. Show all existing and proposed street lights and utilities (sewer, water, major gas and fuel lines, major e 1 ectri c and telephone faci 11 ties) withi nand adj acent to the project. Show all fire hydrants located within 300 feet of the site. . J~ U Grading and Drainage 1) Approxi mate contours at I' interval s for slopes less than Jt\t4L .)~ LL LL U u u 2) 3) 4) 5) 6) 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; Earthwork volumes: cut, fill, import and export. Spot elevations at the corn~rs ~f each pad. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with l~ss than standard frontage. 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. 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. =~) C2...~ .. One (1) copy of 8 1/2" x 11" site plan.-:7 ~v'c..e: $IT-'E: TUI'V 'i::::r 3 ............ One (1) copy of 8 1/2" x 11" 1 ocat i on map (suggested scale 200" vif 4)", r..;e-tMV£ -vicinity maps on the site plan ar~ not acceptable). Environmental Impact Assessment Form (Separate fee required)~ Required for tentative parcel maps only where significant grading is proposed. Check with Planning staff to determine if required for your application. Public Facility Agreement: Two (2) copies: One (1) notarized original and one (1) reproduced copy. . Disclosure Statement. (Not requtred for tentative parcel maps.) g.5.~·~ -'\l 8.~. 6. ~ ]1, L..L S(j..J 0 '-J ARFRM0003A.DH 7/89 'd ~7. • Property Owner's List and'Address Labels .~-A typewritten 1 i st of names and addresses of all property owners and occupants wi th in the spec i fi ed radi us from the subject property as follows: • Within a 600 foot radius for all tentative tract maps. • Within a 600 foot radius for all tentative parcel,maps' with concurrent site, development plan Ipplicati~ns.' • Within a 300 foot radius for all other tentative parcel map, condominium permit or planned development permit' applications. In addition for all condominium conversion projects, i:nclude a list of names and addresses for all tenants. For all project applications, include on the list the name and address of the applicant and/or'owners. The li.st shall include the San Diego County Assessor's parcel number from th~ latest assessment rolls. - Two separate sets (three for tentative parce1 maps with concurrent site development plan applications) ,of maili:ng labels for all property owners, tenants, applicant and/or owner as required above. For any address other than'single family residences the apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. Appl icant must submit s~parate check to cover tost of postage. 600 Foot Radius Map (300 foot for tentative parcel maps without associated site development plans applications) A map to scale not less than 1" = 200' showin~ each lot within 600 feet (300 feet) of the exterior boundaries of the subject property. Each' of these 1 ots shall be consecut i ve 1 y numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Pl ann i ng Di rector if therequ i red 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 availabil ity of sewer if located in the' Leucadia County Water District or the San Marcos Water Distritt. , A letter from the appropriate water district, indicating that compliance with the Growth Management Performance Standard will be _ ~' , rna i nta i ned wi th the proposed development. --=~--/.b-L' (oJored Site Plan and Elevation Plan (Not required with first , 'ttal and not required' for tentative parcel maps). It is the "J)~'T (\}e:t::D Applicant's responsibility to bring one'(1) copy of a colored site plan and one (1) copy of a colored e 1 evat i on to the Pl ann tng Department by Noon eight (8) days prior to the Planning Commi.ssion meeting. Do not mount exhibits. ARFRM0003A.DH' 7/89 vJ~/~ LL LL U LL ~22~ LL LL LL e • For all condominium and planned development projects. eight (8) copies of prel iminary 1 andscape pl an (four (4) copies for projects with four of fewer units) on a 24" x 36" sheet(s) folded to 8 1/2" X 1111 size. Fifteen (15) copies of the landscape plans shall be submitted by the app 1 i cant upon request of the project planner pri or to approval of the project . .Each 1 andscape plan shall include the fo 11 owi ng infor-mat ion: a. Landscape zones per the City of Carlsbad Landscape Guidel i.nes Manual. b. Typical plant species and their.size for each planting .zone. c. An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. - d. Landscape maintenance res.ponsibil ity (private or common) for all areas. e. Percent of site used for landscaping., For all condominium and planned development projects, -eight (8) copies of the building elevations and floor plans (four (4) cop-ies for projects with 4 or fewer units) -on a 2411 X 36 11 sheet(s) fo·1ded to 81/2" x 11" size. Fifteen (15) copies of the build'ing elevations and floor plans shall be submitted by the applicant upOl1request of the project planner prior to project approval. Each building - elevation and floor plan shall include the following informat.ion: a. Floor plans with square footage included. b. Location and .size of storage areas. c. All buildings, structures, walls and/or fences, s'igns and exterior lights. ARFRM0003A.DH 7/89 -------------------------------;-----~ -~~-- • Statement of agreement to waive tentative tr~ct map time limits. Required for tentative maps only when project requires concurrent 'i • . : ... 6 _/. processing of planning application, or environmental review. J?tt( !?l 15~ Constraints Map (24" x 36") folded to 8 1/2" x 11" .shall include d . .d-the following information: (Note: This information is not required h~:> for previously graded sites and the conversion of eXisting LL LL LL LL LL LL LL LL LL LL LL LL ~ ~ structures.) 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. Floodplains 11. Archaeological sites 12. Special planning areas 13. Biological Habitats. For projects with an average daily traffic (ADT) greater than 500 vehicles per day: generat i on rate 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 1/2" x 14" plats showing zone b) c) impacted roads, background and project AM and PM peak hour impacts and traffic distribution. Project traffic generation rates Necessary calculations and or analysis to determine intersection and road s~gment levels of service. d) Any proposed mitigation requirements to maintain __ ~ the public facility standards. ~ & 11:,\. Two copies of preliminary soils/geologic report for all project with I· ... ~ cut or fill depths exceeding 5 feet. . ~ 18. -'~For all condominium conversions, a signed statement by the owner. ........ -'stating Section 66427.1 of the State Map.Act will be complied with. ~~l~ ~ 19. For all condominium conversions, a letter from San Diego Gas and ~ -~ Electric company stating that plans to convert the gas and electric ~ system to separate systems have been submitted and are acceptable. -. U 20. For all condominium conversions, one copy of a comp1 iance inspection ~ performed by the Building Department. (Separate fee required). ARFRM0003A.DH 7/89 \ • -.. ~ --.-"-. . . ~ • •• STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal C;ode sets a tiny (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These ti.me 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 tillie limits ahd 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 prio.r 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 t.o extend the time limits for Planning Commission and City Council actioh andfuny 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. Signatur€; Michael K. M. Chau, Executive Vice President, Broadmoor Pacific, Inc. general partner \ VISTA SANTA FE, a California general Name (Print) partnership FORM: PLANNING 37. REVISED 3/80 Date Property Owner Relationship to Application (Property 'Owner-Agent), • RECORDING REQUESTED BY AND WHEN RECORDED HAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ) } ) } ) ) • Space above this line for Recorder's Use r Parcel No. 2-55"-=11 -2:.2...5 2-55"' "-31 -23 AGREEMENT BETWEEn DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE· PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into th is 2 3 day of .QCIDBf52. by and be tween __ V_ ..... i s_t_a_S_a_n_t_a_F_e...r..I _a __ C_a_ll._' f_o_r_n_i ..... a~g:....e_n_e_r __ a __ l_p:;..a_r __ t __ n.,.-. e_r...,.s . ...;.l1 .... i..;:,p...:.., __ .. _ by Broadmoor Pacific, Inc., a California corporation, general partner •. (Name of Developer:Owner) a-=--_G_e_n~e_r_a_l~p_a_r_t_n ..... e_r_sh_l.~' P ___ ~ __ , here', n after re f erred fo as "Deve 1 0 per." (Corporation, Partnership, etc.) whose address is 5405 Oberlin Drive, San Diego, Calif •. 921.21 (Street) (City, State~ Zip Code) . . and the CITY OF CARLSBAD, a municipal corporation of the State oJ Cali forni-a, hereinafter referred to as "CHy", whose address is 1200 Elm Avenue, Ca'rlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property·descri'bed on Exhibit "A":, attache9 hereto and made a part of this agreement., hereinafter 'referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes'" a development project as fo 11 OWS! REV 3-1-88 ) . • on said Property, which development carries the proposed n.ame of...;. . ....--....--....,..-....------.,. Tierra Santa Fe and is hereinafter referred as "Development"; and WHEREAS, Developer filed on the ____ day of ___ --,-___ , 19_, with the City a request for __ 1_1_2_u_n_i_t_t_r_a_c_t_m_ap~. a_n_d-,p;;...l_a_n_n_-e_d_·d_e",-,y_e_l_o..;;;.p_m_e ..... nt permit for a residential single. family d~tached project. hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all publ i.c facil ities necessary to serve a development will be ava i1 able concurrent with need or such deve-l opment 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 Pol icy No. 17, dated July 28, 1987, on file with the C.ity 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 ~roposed D~velopment; and WHEREAS, Developer has asked the City to find that publit facilities and services will be available to meet1the future needs of theOe.velopment as it is presently proposed; but the Developer is aware th,at the City cannot and will not be able to make any such finding without fi.nancial assistan.ce 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 facil ities fee. REV 3-1-88 2 NOW THEREFORE, in consideration of the recitals and the ~oven~nts: contained herein, the parties agree as follows: 1. The Developer shall pay to the City 'a public, facilHies fee in an amount not to exceed 3.5% of the building perm.it valuation or·the. building .or structures to be constructed in the Development pursuahtto 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 va luat i on at that time., This fee shall be in addition to any fees, dedications or improvements required pursuant to' Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee. for conversion of existing building or structures into condominiums in an amount not to exceed 3.5% of the building permlt valuation at the time of conversion. The fee fora condominiym conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapt~r 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative .. The terms "othe~ construction perm~.ts", "other construction permit" .and entitlement of use" as used in thiS ~greement, e;~cept 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. I constructed pursuant to the request. The fee shall be. pa i'd 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 . . • '2. The Developer may offer to donate a sit~ at sites for publi~ 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~publiE 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 determi.ned by City prior to the issuance of any building or other perm.its. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements tequired 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 funos to provide public facilities and services, and the dev~lopment will not be consistent wi~h 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 suffi·cient 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 pub1 i c facil it i es and servi ce suffi ci ent to accommodate the needs to the Development herein described. REV 3-1-88 4 > > • 6. All obligations hereunder shall terminate in the event the Reque'sts made by Developers ,are not approved. " 7. Any notice from one party to the other s'hall be in writing, and shaH' be dated and signed by the party giving such hoti'ce ot by'a duly authorized representative of such party. Any such notice shall not b~ effective for arty purpose whatsoever unless served in one of the fall-owing manners: 7.1 If notice is given to the City by persona,l delivery there'Of to the City or by depositing same in the United States Mail, addressed to' the City at the address set forth herein, enclosed in a sealed envelope, addres,sed 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, addr:essed to Developer at the address as, may ,h'ave be,¥n designated, postage prepaid and certified. 8. This agreement, shall be binding upon a~d shall ensure to the ~enefit of, and shall apply to the respective successors and assigns of Developer ~nd the City, and references to Developer City herein shall be deemed to be references to and include their respective successors and assi~ns without Specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obl igations of Developer hereunder shall ' terminate; provided, however, that' any successor of Developer's interest in the property shall have first assumed in writing the Devel-oper's obligati~ns hereunder. ' 9. This agreement shall be recorded but shall not create a 1'1.en or security interest in the Property. When the obligations of this agreemel'1thave been satisfied, City shall ,record a release. REV 3-1-88 5 • IN WITNESS WHERE'OF, thi s agreement is executed i·n San Di e,go County, Cal i fornia as of the date first written above. DEVELOPER-OWNER: VISTA SANTA FE, a California ~eneral partnership (name) By: Broadrnoor Pacific, Inc., ~e ~~ partner By: ~ ~M~i~c~a~e~l-=K~.~M~.~C~h-a-u----- By: Executive Vice President (Title) (Title) ATIEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney CITY OF CARLSBAO, ,a municipal' corporation of the State of California By: ,MARTIN ORENYAK For C,ity Manager (Notari a 1 acknowl edgement of execut i on by DEVELOPER-OWNER must be attached;) REV 3-1-88 6 '-, • IN WITNESS WHEREOF, thi s agreement is executed in San Di ego County, Cal iforn iii as 6f the date first written above. "I' l?'~~~~'~~'~~~'~'~::'~~~:~~~~"'" ............................................................ · ..... n •.. ~~::t t State of California } On this the J J th day of October 19 89 , before me~ 0: • • • • • , · , • • • · • , • · • • • SS. Alberta 1.1. Lya Tl ~o County of San Di ego , : the undersigned Notary Public, personally appeared : OFFICIAL SEAL ~ ALBERTA M LYALL • ~ NOTARY PUBLIC-CALIFORNIA " .. ' SAN DIEGO COUNTY MY COHM. EXP. MAR. 9, 1990 Michael K.N. Chau • • • · • '0 Ci/I personally known to me :0 o proved to me on the basis of satisfactory eviqence : • 0 to be the person(s) who executed the within instrument as : Execut i ve Vice PreS i denj;. on behalf of thecorpotation therein : • named, and acknowledged to me that the cOFPoration e~eguted it. : WITN SS lTIY hand andofficia seal. : " · " • • • • jo ~ " " r \,;.~. ,;.;' '';'''.;.;' ';..;,';,..' ';;,;'.;,.' ..... .;" • .;.;. ';";";,..' ';;,;',' ..... ,;.. ;,,;' ';..;,',;.;' ';,.;.',' ..... ,;. •• ;,,;.~ ..... ';,.;.'.;.;' ';..;,',;.' ';,,;'~',;.;' ';,.;.',' ';..;.',;.' ';,,;'~',;.;' ';,.;.',' ';..;.',;.' ;,,;' ';.;,',;.;' ';,.;.',' ';..;.'';'';,,;' ;,;::;.;';,.;.',' ';..;.~,;.' ;;,;'" .~. ;,..'"';;,;'.;;,' ';..;.',;.';,,;' '~';,;.' ';,;'.;;,' ';..;.',;.' ';,,;'~',;.;' ';,;',' ..... ,;;.~";,,;. ~;..;.';.;~ ';;,;'.;;,' ';';J' 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 6 .·e EXHIBIT RAR LEGAL DESCRIPTION Parcel 3 and 4 of Parcel Map No. 13970, in the City~of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, September 25, 1985 as File No. 85-355261 of Official Records. '. REV 3-1-88 7 BOARD OF DIRECTORS Harold L. Gano, President Howard G. Golem, Vice President Ann L. Peay, Secretary Thelma M. Miller, Treasurer Harley L. Denk, Director City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, california 92009 1966 OLIVENHAIN ROAD ENCINITAS, CALIFORNIA '92Q24-9761 PHONE (619}753-6466 FAX: (619,) 753-1578 Q::tober 6" 1989 __ ' GENeRAI:. COUNSEL , Smith and P?ltzer" ENGINEER-- Boyle'Engineering eorp. MANAG'ER " _' ___ .'' --------William:.H., HollingS)lRJrti:r ;' '" ' -~ ------" Re: Parcels 3 and 4/PM 13970/R£;:corded: '25 Septemberr985:~-85-355261 SUbject: Water Availability ,Letter , -- The fee owner, Brpp.¢ltroor aanel? -, has reqUested the District. to proVid~' ciw~te..~_ ,', Availability letter for the property identified ab6ite 'for-a, prQpc:!sea--"project. ' described as: Sub<:liyision: l:l2~J,]Ji1g, u;n1,.t,s This ~'properl:y is -~nthe-:-District, '..;-::-' , ,~- and eligible to receive domestic ,service at ,this, t:i.Ine. ' "--, -----" The District hq.s adequate facilities in this area. ~:te : is capacit;y 'in tl1ese' , facilities to serve the proposed project at thepres$nt "tme'. -w~ter -setv::1ce~:::j.I3-:', available now at the min.i.mutn of, 25 psi pressure at 'the District' ~ ma,irr~ uil'ael:" _po:r:mal ,:, " _ operating conditions and upon conplet:ion of:' all l1ecessary facilities" including-any','.-:.. ':--: requir~ en-site and off-site water lines" appurtenances,; or "facIlities. ,"H~ve+" ' ," ': all water received by the District is inPorted from o-th?:t:', agencies~. ,Accordj.ngly.; -:' ~--...... : there is no guarantee that: water ~ll 'be available wnen serviceCi~requested. ' "~_' "", ~_ r *__ ---- The District has been requested to furnish a staff estimate" ,based on: -dur;r;ent ' conditions, of the availability of water serVice in-this area~-'Thls <let.ter is~.:i,.ssu~d _',,, - for' planning purposes 'and is not a rep~esentat:Lon,-,express:;-,or irrplied, 1;:ha:~."':the'," Pistrict, will provide service at-a future ,date,. Com:ni:trrentq tQprovigewater:·se:tY.tce'" are made only by the District's Board .of--Directors,and are sUbject to:t;b.e 'appTlc~t's--,:'~ corrpliance ~th the District's fees, cnarge$; rules., ',-'and regulations, '.the 'Environmental Quality Act of 1970" as ,aIIEIlded, _and the ·-ap.priccint'~s---Qgreen~nE" to-' construct any requir.ed, on-site and off-site'facilj.ties, toge~r with.the$.pplicant··:.-s', providing security -as required l:;>y' the District for constructioIi~ --', " __ ~.---::-:-----::-~=, -, , • --.' -r __ ._..._ .. _..... _'- The issuance of this Water Availability letter does :n0t: __ ~t -the appl::Lcant--:'anY'water- rights • The applicant does not secure a right to water Up:til a,ppJ.ic<:l:tiort ~ f¢r --sei::y1ce" ' is made and approved' by the District; and the , appli9aiit:.~ bas, ',g~;tieg __ witfi -al-l ',',:, requirements of the District. The failure of, the ~qppliCqnt to ,pay anY fee ,or ,charg~,'" ,::,':"_ ~ .. of the District when due, or to ,Gc;trq?ly with other. ,reqUi~ts 'Qf' the District, $J:1al.l·" , ' , entitle the District to Unilaterally 'teJ:.1rliiiate.thiS, Wa:t~r-,Ava::i:lahility -t.etter~~ and -. -".-:--:: all further rights of the applicant to water s~iGe. --' ... .:..." -_-.. _" ----_ capacity fees are paid to the District to reserve ;fuiur~:i ,Yiatei:: serv;i.ce...for-"the .. ' <.: project contingent upon the applicant paying -all fees and charges, arid canplyj.ng -Witlt' all reqUirerrents of the District. The paynent of all,capaci.ty -fees py the.' aate'~they ate due is an express condition precedent to any right of the" appli9aI:lt-t.Q:'t:~ge~ye,­ future water service. The failure of applicant -to fnak.~ any .capacity-fee',paYment-bY ~_', A Pubiic Agency incorporated on March 24, 1959;'formed und~r the MunciparWater-Dist[i,cHaw of 191,1 ',-, -,'-, -----:-,. ' Section 71000 et. seq, of the State of California WateLCode '_ .. -, .. ------..--~ , ......... ~-~-- ·' Water Availability Letter Parcel 3 & 4/PM 13970/#85-355261 October 6, 1989 Page 2 • the date it is due shall automatically ter.minate the right of 'applicant to rec~ive future water service and no previous capacit.y fee paymmts paid by the applicant, shall be refunded. Reinstatement of the water ccmni~t require$ the repaynent of all applicable capacity fees and other fees and ,charges of the District and" compliance with all requirements of the District. This ccmrd:tm:nt is conditioned on the following additional requi,rerr$lt,s: 1. All on-site and off-site facilities as may be requ:Lred to canplete project, originally reviewed July, 1982 and again April,l984. 2. Grant of all easements as may be required. This letter of availability pertains solely to the prOPosed ,project §.S descriOed'ty applicant, is not transferable to any other PJ7oject,and ,;is not transfEi'a1:;>le t.o any other owner or developer without writ.ten perniissiort of the Board of -D;if'ecto~s of the . District. Any purported transfer, sale, or assignment of this Wate~ Availability Letter without the prior written consent of the District renders th;is letter~lill' and . void. . This letter automatically terminates, and is of no further forGe or ,effect, Qn the oc~ence of (1): 6 Ck::tober 19,9,0 (withou~an approved 'Tentative Map) ~ '(2)' ter.mination of any tentative map~ (3) termination ofariy final ir\ap; or· (4) 'five years: from date of recordation of final map. OL:tv:ENHAIN MUNICIPAL WATER DISTRIcr ~:~ F. D. Fontanesi General Services Director . ' " . ·[OIS HUMPHREYS . ... ' President -• ,f" , 'STEPHENDEERING : ,Vice President ElAINE SULLIVAN Direttor 'JUDUANSON ·Director. , WILLIAM SAlTZMAN Diretto.! JOA~ ~EISELHART " ; • Manage,! -\, , . , , ", .. ~'. -... . ' . • . \ ;' f.:' . .' -' , . ~ .. ;. -" --,":' .. . -: " . " '. , '!,. " ,". ~:.:.:,.'. ~~ ;.. " ' .. . ':.' , " " .\ ", ':;." ;'.' '. . ......... -,,- .t ,L .' '. • _, -1. '~ -' . c" ~ , '-, . .-,;' . t' ,-' .' < '-', .September 20, 1989 '.. ;.:: ~ .' 't ',1'_ -, ), , .. }" ' . . , . , , ~ ~ , (ity of Carlsbad .. 2075 LasPalmas brive Car 1 s bad, Ca. 9 20 0 9 ,., .!", _ r " r"' ~' _ ,".' '.":. '.' -I' J : .. ~ -..' v ~ " .-," , " '. +,' • ", ~'. , ",' <.', : . -:', // ":'" " '~ .. ~ ,-, "Re~ Applicant: Broadway Pacific, 'ID'~l;' .. " ,.'.',"".' ',': .. : .... , ... ~:.~ ... . Location: APN 255.,.OJ1~1·2 &. 23,-Betw:e.en t1i·si:o.n· Es·ta·Jl:C'i,a.·e; '.:.' ,.' .'. and Ga'll e Ba·r:c:e·l:<ina'.,and :Ea·s't.. ~ff-R·'aJJd).Q'·:-S'q··n{a, < " . Fe Road ,.' .'. . ::". J ••• ' ••• ,' ,'f' . Project Description~.Proposed l'12.Un.i'i ·s';hlj,d:i.-vfi:,6·h.·,·'·-'-·~, ,," '.'. , \ .~,~. -''''~', -' , ..... ,,'" . . ' . ~:. . -,-~' \' ~.j -, .' .' Gen. t 1 em en.: -" . '.: '-. "-, .. ' " . The ,reference,d project is 'loc-at,ed: w~i'th'i,n' ·t·he·'li9u~.qi'.ri.,~.~ .. ~,o.f..'.';' ",., , the Leucadia County VJater DistY1·ict.~.c; <' .' , •• ,' " • ..,. • .' .' ". ~. ,". Sewer permits are currently b ~ i 09 is s:u ~,C1' "f ,0 r', ~~:e w';c o,ri'n'~:~ t i'o.·ris· ,.':, .. .""" pursuant to District ordinanc,es, It ,ca:'[l 'berea'so'n:a:bTy 'exp'e:c:-te:C! ."',:, '.f that service will be available ,toeB:sh'd~~H~l-lingi);ndt :,c·6nt·liIr.r:'e,n:~"· wi thneed,' '". '< , •• , This letter is valid . a new·owner upon approval ,~ ..... .. -:, ~ < " :,' - , . :: -:,.-... -.... ~' .. , .... ",~.J , , '.:.. ~ ~. J' ,.., . ' FAX (619) 753-3094 . , . District Office: 1960 La Costa Avenue, Carlsbad, California 92009'· P.O. Box .2397, 'Leucadia, CalifolQi9 ,92024-09H)(619) 7~3:91~S '.. ':" '. , :' > ;. p,rinte.d on'recycl;d-p~p~;. , <'-.' .' -'.' , .• ', <-.. 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