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HomeMy WebLinkAboutCT 90-15; AVIARA PLANNING AREA 24; Tentative Map (CT)CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For Dept. Use Only) PAGE 1 OF 2 (For Dept. Use Only) El Master Plan El Specific Plan ............. El Precise Development Plan... Tentative Tract Map........ El Planned Development Permit El Non-Residential Planned Development Permit........ El Condominium Permit......... El Special Use Permit......... El Redevelopment Permit....... El Tentative Parcel Map....... El Administrative Variance.... -I -I -I General Plan Amendment...... El Site Development Plan....... El Zone Change................. Conditional Use Permit...... Hillside Development Permit. El Environmental Impact Assessment................. El Variance.................... El Planned Industrial Permit... El Coastal Development Permit.. El Planning Commission Deter... I- - I- -I -I I 2) LOCATION OF PROJECT: ON THE [South 7 IDS OF1 Proposed Poinsettia Lane (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN lEl Camino Real AND I Alga Road (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: Township 12 South 4) ASSESSOR PARCEL NO(S). 5) LOCAL FACILITIES[ 1j] I 6) EXISTING GENERALJJ9 1RJVJ I PROPOSED GENERALJ5ame I MANAGEMENT ZONE PLAN DESIGNATION OS LAN DESIGNATION 8) EXISTING ZONING PC J9) PROPOSED ZONING[ Same 110) GROSS SuEt________ ACREAGE 11) PROPOSED NUMBER OF I 116 J12) PROPOSED NUMBERJ 120 113) TYPE OF [ SF RESIDENTIAL UNITS ' OF LOTS SUBDIVISION (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITS[ N/A I COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL N/A 16) PROPOSED COMMERCIAL J N/A OFFICE/SQUARE FOOTAGE 1 SQUARE FOOTAGE ARFM0008.DH 4/89 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE [ 26% 19) PROPOSED INCREASE IN AVERAGE DAILY 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS TRAFFIC 116 J 1160 20) PROJECT NAME: 21)BRIEF DESCRIPTION OF PROJECT: ITentative tract map for 116 S.F. homes on a minimum 7500 s.f. lots 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE)Aviara Limited Land Assoc. Partnership NAME (PRINT OR TYPE) Same MAILING ADDRESS 2011 Palomar Airport Rd. MAILING ADDRESS Suite 206 Same CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92009 931-1190 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 MY 3/30/90 3/30/9 FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED ~z 00. 00 7k o. AIQ '301d d013O GV8S1JVO AO AltO U66 DATE STL CATION RECEIVED RECEIVED BY: TOTAL FEE REQUIRED [ cc) DATE FEE PAID[ Ll- /-17" -/, ~0 I RECEIPT NO.1 Anrurr,n ntJ I Ion L R C i tv of Carls bad PlanDePment APPUCANS STATEMENT OF 01SOLOSURE OF CERTAIN OWNERSHIP WTERESTS ON ALL APPUCAnONS WHICH WILL. RECUIRE OISCREnCNA.RY ACTION ON THE PART OF NE crr' COUNCIL OR ANY APPOINTED WARD, COMMISSION OR CQMMrrTEE. (Please Print) The following information must be disclosed: •1. Aoollcarit List the names and addresses of all persons having a financial interest in the application. Aviara Land. Associates Limited Partnership 2011 Palomar Airport Rd. Suite 206 Carlsbad, CA 92009 51 Owner List the names and addresses of all persons having any ownership interest in the property involved. Avirr Lrni Cnmpny n Dp inwn re 1epiih1ir flPv1npmPii- (n r corpoation .- a California corporation 450 Newport Center Drive 180 N. Riverview Drive Suite 304 - Suite 130 Newport Beach, CA 92660 Anaheim, CA 92808 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Henry Hillman 450 Newport Center Drive Suite 304 Newport Beach, CA 92660 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profft organization or as trustee or beneficiary of the trust N/A • (over) Disclosure Statement Page 2 5. Have you had more than 5250 worth of business transacted with any member of City staff, Bcarc Commissions, Committees and Council Within the past twelve months? Yes No JL It yes, please indite person(s) is esfined u: Ariy ind.'idua.L. firm. eop&t.r3hip. joint .rma.. tdoru social dub. fraternal oriiion. carporaDart. *stat.. a r.c.vvet. Tyncest., his and a.riy Dun). citY and eunt. city munapsiity, i*i or cth..r polibcsJ &ubdiy6&om or any o't.r group or crombinatiom son; as a unit., (NOT: Atah adcritional pages as necessary.) Aviara Land Associates Limited Partnership, Aviara Land Associates 'Limited Partnership, a Delaware limited partnership a Delaware limited partnership BY: Aviara Land o pany a Delaware BY: Aviara Land mpany a Delaware "srperatip eneral Partner o oratio G neral Partner By: I A... By: Iv'- signatrr president giatJi hV1ce President By: ,r' ii &?)AssisLant sec retaryTh i'4.'4tqo<7sistant Sec. Signature o wnerbate Signature of Applicant a e BY: Republic Development Co., a By: California corpotion, Geai Part r I By: Meirs/vIce president it tZ By: O-J#& Signature of of Owner/Date Ted L. Hoover/Assistant Secretary Print or Type Name 9f Owner Republic Development Co., a California corpor t' n, ral Partner 1. By: atJ i in a'e President eof p By: 9 ' signature of of Applicant/Date Ted L. Hoover/Assistant Secretary Print or Type Name of Applicant • DISCLOSURE FORM APPLICANT: Aviara Land Associates LImited Partnership AGENT: MEMBERS: Name (individual, partn~rship, joint venture, corporation, syndication) 2011 Palomar Airport Road, Suite 206, Carlsbad, CA 92009 Business Address 931-1190 Telephone Number Aviara Land Associates Limited Partnerhip Name 2011 Palomar Airport Road, Siute 206, Carlsbad, CA 92009 Business Address 931-1190 Telephone Number Name (individual, partner, joint venture, corporation, syndication) Business Address Telephone Number Name Business Address Telephone Number Home Address Telephone Number Home Address Telephone Number (Attach more sheets if necessary) I/We understand that if this project is located in the Coastal Zone, I/we will apply for Coastal Commission Approval prior to development. I/We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. IIWe 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. -------- D.L. C General President o 6 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. gnature Date D.L. Clemens Property Owner-Agent Name (Print) Relationship to Application (Property Owner-Agent) FORM: PLANNING 37. REVISED 3/80 . CASE NO. DATE: ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I (To be Completed by APPLICANT) Applicant: Aviara Land Associates Limited Partnership Address of Applicant: 2011 Palomar Airport Rd., Suite 206 Carlsbad, CA 92009 Phone Number: (619 )9311190 Name, address and phone number of person to be contacted (if other than Applicant): D. L. Clemens (Same as above) GENERAL INFORMATION: (Please be specific) Project Description: Tentative Tract Map for 116 single-family homes on minimum 7500 sq. ft. lots (PA 24) Project Location/Address: South of proposed Poinsettia Lane, between 1-5 and El Camino Real. Assessor Parcel Number: 215-040-16- - General Plan/Zone of Subject Property: Combination Distridt / PC Zone Local Facilities Management Zone: 19 Is the site within Carlsbad's Coastal Zone? Yes Please describe the area surrounding the site to the North: off-site major arterial road East: off-site agriculture South: Alga Road and ungraded Phase II West: off-site agriculture List all other applicable permits & approvals related to this project: IMP 177 2 0 1. Please describe the project site, including distinguishing natural and manmade characteristics. Also provide precise slope analysis when a slope of 15' or higher and 15% grade or greater is present on the site. Planning Area 24 is 52.65 acres located at the northwest entrance to the Master Plan. The intersection of Poinsettia Lane and Alga is located at northwest corner of the Planning Area. A 150-foot wide public utility corridor is located in the northwest corner of the planning area. 2. Please describe energy conservation measures incorporated into the design and/or operation of the project. UBC energy requirements 3. PLEASE ATTACH A PROJECT SUMMARY SHEET WHICH SHOWS THE FOLLOWING: a. If a residential project identify the number of units, type of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected, average daily traffic generation (latest SANDAG rates). 116 units, single-family, 7500 sq. ft. b. If a commercial project, indicate the exact type, activity(ies), square footage of sales area, average daily traffic generation (latest SANDAG rates), parking provided, and loading facilities. N/A c. If an industrial project, indicate the exact type or industry(ies), average daily traffic generation (latest SANDAG rates), estimated employment per shift, time of shifts, and loading facilities. N/A d. If an institutional project, indicate the major project/site function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. N/A 3 . S I. ENVIRONMENTAL IMPACT ANALYSIS Please Answer each of the following questions by placing a check in the appropriate space. Then, fully discuss and explain why each item was checked yes or no. Provide supporting data if applicable. Attach additional sheets as necessary. YES NO 1) Could the project significantly impact or change present or future land uses in the vicinity of the activity? X EXPLANATION: The Tentative Map is consistent with the approved Master Plan for this planning area. 2) Could the activity affect the use of a recreational area, or area of aesthetic value? X EXPLANATION: The overall project provides for golf and sporting recreation. Aesthetics should not be affected. 3) Could the activity affect the functioning of an established community or neighborhood? EXPLANATION: The project should have no net affect on any surrounding neighborhoods. 4) Could the activity result in the displacement of community residents? X EXPLANATION: No residents live in the area. 4 . I YES NO 5) Could the activity increase the number of low and moderate cost housing units in the city? EXPLANATION: Proposed housing is not anticipated to be low or moderate cost. 6) Could the activity significantly affect existing housing or create a demand for additional housing? x EXPLANATION: Additional 116 housing units is not considered a significant effect. 7) Are any of the natural or man-made features in the activity area unique, that is, not found in other parts of the county, state or nation? X EXPLANATION: No unique features exist on site. Batiquitos Lagoon is over 5000 feet to the South. Coastal biology will be avoided. 8) Could the activity significantly affect an historical or archaeological site or its settings? EXPLANATION: Two archaeological sites to be mitigated as a condition of development. 9) Could the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? X EXPLANATION: The proposed project will in no way affect any identified scarce natural resource. 5 . I YES NO 10) Could the activity significantly affect fish, wildlife or plant resources? EXPLANATION: Biological resources have been identified in EIR 83-2(A). These areas are preserved in their natural state. 11) Are there any rare or endangered plant or animal species in the activity area? x EXPLANATION: None, per EIR 83-2(A). 12) Could the activity change existing features of any of the city's stream, lagoons, bays, tidelands or beaches? X EXPLANATION: The Project does not encroach into or affect any of the above water bodies. 13) Could the activity result in the erosion or elimin- ation of agricultural lands? X EXPLANATION: Agricultural mitigation for the entire Aviara project has been mitigated per State law. 14) Could the activity serve to encourage development of presently undeveloped areas or intensify develop- X ment of already developed areas? EXPLANATION: Infrastructure in this area is already existing. . S YES NO 15) Will the activity require a variance from estab- lished environmental standards (air, water, noise, etc.)? ______ x EXPLANATION: No variance required. 16) Is the activity carried out as part of a larger project or series of projects? X EXPLANATION: The proposed project is a part of the approved Pacific lthii (Aviara) Master Plan. 17) Will the activity require certification, authoriza- tion or issuance of a permit by any local, state or federal environmental control agency? X EXPLANATION: City of Carlsbad, City Council and California Coastal Commission approval. 18) Will the activity require issuance of a variance or conditional use permit by the City? X EXPLANATION: No variance or conditional use permit required. 19) Will the activity involve the application, use, or disposal of potentially hazardous materials? EXPLANATION: No hazardous materials anticipated. 20) Will the activity involve construction of facilities No in a flood plain? EXPLANATION: No structures to be constructed within-the flood plain. 21) Will the activity involve construction of facilities in the area of an active fault? x EXPLANATION: No active fault's in the area as stated in EIR 83-2(A). 22) Could the activity result in the generation of significant amounts of dust? x EXPLANATION: No more dust will be generated over that approved in the original project. 23) Will the activity involve the burning of brush, trees, or other materials? x - EXPLANATION: No burning is proposed within this project. 24) Could the activity result in a significant change in the quality of any portion of the region's air or water resources? (Should note surface, ground water, off-shore.) x EXPLANATION: The proposed project should not generate an increase in traffic from the approved plan and therefore, will not change the air quality. -I [;] . I YES NO 25) Will the project substantially increase fuel consumption (electricity, oil, natural gas, etc.)? X EXPLANATION: No increase in fuel consumption over the approved project is expected. 26) Will the activity involve construction of facilities on a slope of 25 percent or greater? x EXPLANATION: Minor grading onto 25% slopes will occur. Will there be a significant change to existing land form? (a) Indicate estimated grading to be done in cubic yards: PTT.T.• 57flflfl Cut: 142,000 (b) Percentage of alteration to the present land form: 11% (c) Maximum height of cut or fill slopes: Fill: 50' (Finger canyon) EXPLANATION: This is not considered to be significant. Will the activity result in substantial increases in the use of utilities, sewers, drains or streets? EXPLANATION: All infrastructure required by the orolect will be installed as part of the project. 27) 28) X Ee . $ 29) Will the project significantly increase wind or water erosion of soils? EXPLANATION: -The area will be landscaped and will actually improve the erosion situation. YES NO X 30) Could the project significantly affect existing fish or wildlife habitat? EXPLANATION: The project avoids natural habitat. 31) Will the project significantly produce new light or glare? EXPLANATION: The project proposes no additional light or glare over that already approved and determined to be non-significant impact by EIR 83-2(A). 10 tII. STATEMENT OF NON-SIGNIFICANT ENVIRONMENTAL EFFE1S If you have answered yes to any of the questions in Section I but think the activity will have no significant environmental effects, indicate your reasons below: 8. Archaeological field survey has been completed. The single identified site will be mitigated as a condition of development. 16. The proposed project is Planning Area 24 of the Aviara Master Plan. 17. The City of Carlsbad and the Coastal Commission must approve the project. 26. Minor encroachments into 25% slopes are proposed with the development. III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION 1 (If additional space is needed for answering any questions, attach additional sheets as needed.) Signature K - (Per &tdmpleting Report Paul J. Klukas Date Signed Instruct. ei a LBS :1 h 11 - 6 _TJ oOv '°4L Costa Reafl Municipcl Water District 5950 El Camino Real, Carlsbad, CA 92008 Telephone: (619) 438-2722 Engineering Oept: 438-3367 January 23, 1989 Attn: Mr. Tony German Hillman ProDerties Carlsbad, California 92008 Subj: Avia.ra (Pacific Rim Development) CarlsbadTract No. 85-35 Dear Tony: The subject project is located within the Costa Real Municipal Water District service area. Water service can be made available to subject property and 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 Costa Real Municipal Water District and its Water Master Plan. The applicant shall also meet the conditions of Local Facilities Management Zone 19. Installation of any facilities shall be in accordance with the District's "Standard Plans and Specifications" dated January 1987. The entire water system is being evaluated in detail to assure that adequate capacity for domestic, landscaping and fire flow demands are met. Regarding feerand deposits: The developer will be respon- sible for the major facility charge which will be collected at time of issuance building permit. Please contact the undersigned if you have any questions regarding this project. Very truly yours, I F.ery Whitle' Engineèing Supervisor FJW: j cm CRMWD 86-503 • 1219 0 O1TTG R IES1tD B STWAR1 T.1P. O. 4. I ' RECORDING REQUESTED BY AND H WHEN RECORDED RETURN TO Michael J. Holzmiller Planning Director City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 S DOC # 1991-065924 31—DEC-1991 1157 AM OFFICIAL RECORDS )9I DIEGO COUNTY RECORDER'S OFFICE ) ANHETTE EVAHS COUNTY RECORDER ) RF LOU FEES 17.00 9.00 ) NF- LOU NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS This Declaration and Notice Concerning Aircraft Environmental Impacts is made by A , hereinafter referred to as the"Owner", as developer of certain real property situated in the City of Carlsbad, County I of San Diego, State of California. Aviara Land Associates Limited Partnership, a Delaware limited partnership, RECITALS A. The Owner is the developer and holder of the title to certain real property in the City of Carlsbad, County of San Diego, California, more fully described—* in Exhibit '1 A", attached hereto and incorporated herein by this reference the "property") B. The property is located approximately three miles from the McCellan-Palomar Airport, City of Carlsbad, San Diego County (the "Airport"), operated by the County of San Diego, through which are conducted certain aircraft operations on and about said Airport and over real property in the vicinity of the Airport. C. Owner has no control over the operations of the Airport, including the types of aircraft, flight, the flight patterns of the aircraft, nor the frequency of the flights. D. it is the desire of Owner to give notice to any potential purchaser of the real property of the air flight operation and the fact that purchasers may be subject to overflight, sight and sound of aircraft operating from the Airport E. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of aircraft including public and private aircraft which will generate noise and other environmental impacts. Noise Form #2 122 NOW, THEREFORE, in light of the above Recitals, as developer and owner of the property, does, for itself, and its successors and assigns, give the following notice: 1. Owner has and shall develop the property in accordance with Subdivision Tract Parcel Map (CTj92-15) approved by the City of Carlsbad, which approval includes the requirement of the City of Carlsbad, that the development of the property is consisten-t- with the Land Use Element and Noise Element of the General Plan of the City of Carlsbad. 2. That Owner has no responsibility or control over the operation of the Airport, including without limitation, the types or number of flight operations, types of aircraft (including jet aircraft), timing of flight operation, or frequency of flights. 3. That the flight operations to the Airport may create significant aircraft environmental impacts affecting the purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the property reside there subject to such overflight, sight and sound. 4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Declaration and Notice. This Notice shall run with the property and shall be binding upon all parties having or acquiring any right, title or interest in the property. 5. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of aircraft including public and private aircraft which will generate noise and other environmental impacts. 1/ 1/ /1 '- '7 I- /I /1 1/ I- /I // . 122 IN WITNESS WHEREOF, this Declaration of Notice of aircraft overflight, sight and sound is made this 25th day of November , 1991. AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership By: Aviara Land Company, a Delaware corporation, a general partner By: D.L. n', vice President By: Ted L. Hoover, Assistant Secretary By: Republic Development Company, a California corporation, a general 7tner By: D.L. etx,'Vice President By: D J~ ~' 'red L. Hoover, Assistant Secretary . 122 STATE OF CALIFORNIA ss. COUNTY OF _SL) TJYC-(s--o On 'f,t&'g6 /( , before me, the undersigned, a Notary Public in and for sdid State, personally appeared D. L. Clemens, personally known to me e4.-dcnoo- to be the person who executed the within instrument as the Vice President, and Ted L. Hoover, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Assistant Secretary of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware limited partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. OFFICIAL SEAL LUCIA A. O'DWYER NOTARY ?UJCCAUFORWA b FIW1CIPALFICEIN SAN DIEGOGOUNTY STATE OF CALIFORNIA 6 1,A-, a- Notary Public ss. COUNTY OF D/(-1rp On A)0JCMb€/d5 /Ofc?( , before me, the undersigned, a Notary Public in and for 'said State, personally appeared D.L. Clemens, personally known to me or peved-4e--me en -44e—baoi3 of oat•iofaotoy &v4eiz1ee. to be the person who executed the within instrument as the Vice President, and Ted L. Hoover, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Assistant Secretary of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware limited partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. f11L4t a. Notary Publlkd- t:..,OFFICIAL SEAL Th LUCIA A. O'DWYER NOTARY PUBUCCAUFORNIA PRINCIPAL OFACE IN F SAN DIEGO COUNTY NyC EJay31.14 *23 EXHIBIT "A" MARCH 29-90 (DWA) 300,11** SV 10127 10127.00 LEGAL DESCRIPTION PLANNING AREA 24 Those portions of Sections 22 and 27, 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, being more particularly described as follows: Beginning at the Northwest corner of said Section 27, thence along the North line of said Section 27 and along the North boundary line of Record of Survey Map No. 10774, said map recorded October 30, 1986 as File No. 86-494180 and on file in the Office of the County Recorder of said County, South 86 1 58 1 38" East, 306.13 feet to the TRUE POINT OF BEGINNING; thence continuing along said North boundary line the following; thence South 86 0 58'38" East, 1012.54 feet; thence North 0149 1 19 11 West, 331.07 feet; thence South 86 1 57'12" East, 660.56 feet; thence South 013647 East, 330.69 feet; thence South 00'06 1 50 West, 1340.75 feet; thence leaving said North boundary line South 000650 West, 134.75 feet,to a point on the Northerly right-of-way line of Alga Road as described in deed recorded June 29,1989 as File No. 89-345765 of Official Records said point also being on the arc of a 1001.00 foot radius curve concave to the South, a radial line to said point bears North 2900321I East; thence Westerly along said Northerly right-of--way line and the arc of said curve through a central angle of 2555'32" a distance of 452.94 feet; thence North 86'55 1 00" West, 354.23 feet, to the beginning of a tangent 799.00 foot radius curve concave to the Northeast; thence Northwesterly along the arc of said curve through a central angle of 7311'40" a distance of 1020.71 feet; thence North 13'43 1 20" West, 338.79 feet; thence North 14 1 43 1 00" West, 355.88 feet to a point on the Easterly right-of-way line of Poinsettia Lane as described in deed recorded June 29, 1989 as File No. 89-345765 of Official Records said point being the beginning of a tangent 25.00 foot radius curve concave to the Southeast: thence Northeasterly along the Easterly right-of-way line of said Poinsettia Lane and the arc of said curve through a central angle of 873000 a distance of 38.18 feet; thence North 17'13'00" West, 51.00 feet; thence South 7247 1 00" West, 2.76 feet; thence North 17s1300H West, 51.00 feet; thence leaving said Easteerly right of way line, North 72'47'00" East, 40.55 feet to the TRUE POINT OF BEGINNING. The hereinabove described parcel of land contains 52.649 acres more or less. . S RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) (Formerly Elm Avenue) ) Carlsbad, California 92008 ) Space above this line for Recorder's use 215-040-18, 221, 215-040-21 ParcelNo.P1--h-rn 715-070-75 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 30th day of April 19_91 by and between Aviara Land Associates Limited Partnership (Name of Developer-Owner) a Partnership . hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is 2011 Palomar Airport Road, Suite 206, Carlsbad, CA 92009 (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 Carlsbad Village Drive (Formerly Elm Avenue), Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: 118 units (SFR) on said Property, which development carries the proposed name of Aviara and REV 11/90 1 . S is hereinafter referred as "Development"; and WHEREAS, Developer filed on the 23-rd day of Apri 1 . 19j with the City a request for Tentative Tract Map for 118 single family homes on minimum 7500 sq. ft. lots (PA 24) 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. 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. REV 11/90 2 . S This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 3.5% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction 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. 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 Tides 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 REV 11/90 3 S 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. 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 sealed 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 REV 11/90 4 . S 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 11/90 5 . 0 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Aviara Land Associates Limited Partnership (name) By: AN D.L. Clemens Vice President/General Manager (Title) By: CITY OF CARLSBAD, a municipal corporation of the State of California By: MARTIN ORENYAK For City Manager (Title) 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 11/90 1.1 ri . STATE OF CALIFORNIA COUNTY 0IL5i1 4, ) On April 30. 1991 before me, the undersigned, a Notary Public in and for said State, personally appearedD.L. Clemens personally known to me to be the person who executed the within instrument as the Vice President/General Manager of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature , -7((Seal) OFFICIAL SEAL (a; KATHLEEN A.AQ NOTARY KWOMFORNIA Li EXHIBIT A LEGAL DESCRIPTION Those portions of Sections 22 and 27, 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, being more particularly described as follows: Beginning at the Northwest corner of said Section 27, thence along the North line of said Section 27 and along the North boundary line of Record of Survey Map No. 10774, said map recorded October 30, 1986 as File No. 86-494180 and on file in the Office of the County Recorder of said County, South 8658 1 38" East, 306.13 feet to the TRUE POINT OF BEGINNING; thence continuing along said North boundary line the following: thence South 8658 1 38" East, 1012.54 feet; thence North 0149 1 19" West, 331.07 feet; thence South 8657 1 12" East, 660.56 feet; thence South 0136 1 47" East, 330.69 feet; thence South 0006'50" West, 1340.75 feet; thence leaving said North boundary line South 0006 1 50" West, 134.75 feet,to a point on the Northerly right-of-way line of Alga Road as described in deed recorded June 29,1989 as File No. 89-345765 of Official Records said point also being on the arc of a 1001.00 foot radius curve concave to the South, a radial line to said point bears North 29'00 1 32" East; thence Westerly along said Northerly right-of-way line and the arc of said curve through a central angle of 2555 1 32' a distance of 452.94 feet; thence North 8655 1 00" West, 354.23 feet, to the beginning of a tangent 799.00 foot radius curve concave to the Northeast; thence Northwesterly along the arc of said curve through a central angle of 7311 1 40" a distance of 1020.71 feet; thence North 1343 1 20" West, 338.79 feet; thence North 1443'00" West, 355.88 feet to a point on the Easterly right-of-way line of Poinsettia Lane as described in deed recorded June 29, 1989 as File No. 89-345765 of Official Records said point being the beginning of a tangent 25.00 foot radius curve concave to the Southeast; thence Northeasterly along the Easterly right-of-way line of said Poinsettia Lane and the arc of said curve through a central angle of 8730 1 00" a distance of 38.18 feet; thence North 1713'00" West, 51.00 feet; thence South 7247'00" West, 2.76 feet; thence North 1713 1 00" West, 51.00 feet; thence leaving said Easteerly right of way line, North 7247 1 00" East, 40.55 feet to the TRUE POINT OF BEGINNING. - 06 .L3 Th \ moll \) I Ol :55t , G 1111 Lu Fr I \ ( JJ lo \\\ \ \ ( ± - Yll io ops VII' I PAZ I ' r 19 1 Ir sfo OU - 1 - - SOL fA : :IG . 2 1 SN T4T AUL- 101 11 J 2 \ I i 4 HAWTHtMlig av ' T I -\j- or ' :0 22 ' OR 4 Q4 \\ Afty 27 -J -"71 CCMOZ CT 23 - LN I I • I \ \ oc" WIN \\ \r ty LAQ( ::..: LA OFT Av I t % I, I City of Carlsbad I MP 177(D)/CT 90-15T AVIARA PLANNING AREA 24 _ILCPA90-6/HDP90-20 J TICOR TITVp INSURANCE TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 925 "B" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081 PRELIMINARY REPORT DECEMBER 19, 1989 AVIARA LAND ASSOCIATES ATTN: SCOTT MEDANSKY 2011 PALOMAR AIRPORT RD SUITE 206 CARLSBAD, CALIFORNIA 92009 YOUR REFERENCE: AVIARA - MASTER OUR ORDER NO. : 1177466 -A IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 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 BELOW 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 ON THE ATTACHED COVER. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AT 7:30 A.M. AS OF DECEMBER 12, 1989 TITLE OFFICER: TOM VOTEL TEL 619 544-6234 KEN CYR TEL 619 544-6236 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ALTA RESIDENTIAL TITLE INSURANCE POLICY - (6-1-87) ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE CLTA STANDARD COVERAGE POLICY - 1988 ALTA OWNER'S POLICY (10-21 -87) 1177466- A PAGE re- TICOR TITJ# INSURANCE THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE THE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP 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 AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. REPORT TO FOLLOW. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE TAXATION CODE OF THE STATE OF CALIFORNIA. 2. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY FOR : TRANSMISSION AND DISTRIBUTION OF ELECTRICITY RECORDED : APRIL 16, 1954 IN BOOK 5207, PAGE 161 OF OFFICIAL RECORDS AFFECTS : PARCEL A AS SET FORTH THEREIN 3. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY FOR : THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY RECORDED : OCTOBER 16, 1956 IN BOOK 6301, PAGE 162 OF OFFICIAL RECORDS AFFECTS : PARCEL A AS SET FORTH THEREIN; PARCEL C AS FOLLOWS: LOTS 90 AND 91 AS SHOWN ON MAP 12410; PARCEL 0 AS FOLLOWS: LOTS 95, 98, 99 AND 100 AS SHOWN ON MAP 12411. BY QUITCLAIM DEED RECORDED DECEMBER 26, 1973 AS FILE NO. 73-355049 OF OFFICIAL RECORDS THE FOLLOWING PORTION OF SAID EASEMENT WAS ELIMINATED: THAT CERTAIN 20.00 FOOT STRIP OF LAND LYING WITHIN THE SOUTH HALF OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND BEING 10.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: 1177466- A PAGE 2 QC0 TICOR TM6 INSURANCE COMMENCING AT A POINT ON THE SOUTHERLY LINE OF SAID SECTION 26, DISTANT THEREON 1977.99 FEET EASTERLY FROM THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE NORTH 24 0 59'39" WEST, A DISTANCE OF 756.26 FEET; THENCE NORTH 53 0 06'06" EAST, 25.00 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE OF THE STRIP OF LAND BEING QUITCLAIMED HEREIN; THENCE FROM SAID TRUE POINT OF BEGINNING AND CONTINUING NORTH 53 0 06'06" EAST, 135.00 FEET. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : JANUARY 10, 1989 BY AND BETWEEN : SAN DIEGO GAS & ELECTRIC COMPANY AND PACIFIC RIM LAND ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP REGARDING : RIGHT OF WAY USE AGREEMENT RECORDED : JANUARY 10, 1989, RECORDER'S FILE NO. 89-012389 NOTE: SAID AGREEMENT REFERS TO THE EASEMENT ABOVE DESCRIBED. 4. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR : ELECTRICAL TRANSMISSION AND DISTRIBUTION FACILITIES, TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES, INGRESS AND EGRESS RECORDED : APRIL 26, 1957, DOCUMENT NO. 61923 IN BOOK 6553 PAGE 334 OF OFFICIAL RECORDS AFFECTS : PARCEL A AS SET FORTH THEREIN; PARCEL C AS FOLLOWS; LOTS 90 AND 91 AS SHOWN ON MAP 12410 SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES GRANTOR AGREES THAT NO OTHER EASEMENT OR EASEMENTS SHALL BE GRANTED ON, UNDER OR OVER SAID STRIP OF LAND BY GRANTOR, WITHOUT THE PREVIOUS WRITTEN CONSENT OF GRANTEE. 5. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR : A LINE OR LINES OF POLES AND/OR STEEL TOWERS AND WIRES AND/OR CABLES, UNDERGROUND CONDUITS, CABLES, VAULTS AND MANHOLES, TELEPHONE SIGNAL AND COMMUNICATION PURPOSES AND PIPE LINES RECORDED : FEBRUARY 7, 1958 IN BOOK 6941, PAGE 234 OF OFFICIAL RECORDS AFFECTS : PARCEL A AS SET FORTH THEREIN; PARCEL C AS FOLLOWS: LOTS 90 AND 91 AS SHOWN ON MAP 12410 6. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CARLSBAD MUNICIPAL WATER DISTRICT FOR : PIPE LINE RECORDED : JULY 21, 1958, DOCUMENT NO. 116505 AFFECTS : PARCEL A 7. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES 1177466- A PAGE 3 =fj TICOR TITLö INSURANCE--$- STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CARLSBAD MUNICIPAL WATER DISTRICT FOR : PIPE LINE RECORDED : DECEMBER 4, 1959, DOCUMENT NO. 250359 AFFECTS : PARCEL A AS SET FORTH THEREIN 8. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CARLSBAD MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT FOR : PIPELINE RECORDED : FEBRUARY 27, 1962, RECORDER'S FILE NO. 33068 AFFECTS : PARCEL B AS FOLLOWS: LOTS 46, 47 & 48 AS SHOWN ON MAP 12409; PARCEL 0 AS FOLLOWS: LOT 97 AS SHOWN ON MAP 12411 9. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CARLSBAD MUNICIPAL WATER DISTRICT FOR : PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES AND CONDUITS AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES RECORDED : SEPTEMBER 27, 1966, RECORDER'S FILE NO. 156084 AFFECTS : PARCEL D AS FOLLOWS: LOT 92 AS SHOWN ON MAP 12411 10. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY FOR : POLES, WIRES AND ANCHORS FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY RECORDED : AUGUST 9, 1968 RECORDER'S FILE NO. 136472 AFFECTS : PARCEL D AS FOLLOWS: LOT 99 AS SHOWN ON MAP 12411 BY QUIT CLAIM DEED RECORDED NOVEMBER 26, 1969 UNDER RECORDER'S FILE NO. 216504, THE FOLLOWING PORTION OF EASEMENT WAS ELIMINATED: THE SOUTHERLY 25.00 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN. 11. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : THE CITY OF CARLSBAD FOR : WATER SYSTEM, SEWERAGE, DRAINAGE, POWER LINE, EXCAVATION, AND/OR EMBANKMENT FACILITIES RECORDED : MARCH 11, 1976, RECORDER'S FILE NO. 76-071622 AFFECTS : PARCEL A AS SET FORTH THEREIN; PARCEL B AS FOLLOWS: LOTS 2 AND 3 AS SHOWN ON MAP 12409 12. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1 1177466- A PAGE 4 &CO TICOR TITLö INSURANCE S FOR : AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL RECORDED : MAY 26, 1976 RECORDER'S FILE NO. 76-159954 AFFECTS : PARCEL A AS SET FORTH THEREIN; PARCEL 0 AS FOLLOWS: LOT 100 AS SHOWN ON MAP 12411 13. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1 FOR : AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL RECORDED : NOVEMBER 22, 1976 RECORDER'S FILE NO. 76-391112 AFFECTS : PARCEL A AS SET FORTH THEREIN 14. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY FOR : THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, UNDERGROUND FACILITIES CONSISTING OF CONDUITS, MANHOLES, HANHOLES AND JUNCTION BOXES WITH WIRES AND CABLES PLAED THEREIN AND ABOVEGROUND STRUCTURES CONSISTING OF PADS, TRANSFORMERS, AND OTHER ABOVEGROUND STRUCTURES, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM RECORDED : MAY 10, 1977, RECORDER'S FILE NO. 77-177430 AFFECTS : PARCEL A AS SET FORTH THEREIN 15. AN AGREEMENT TO DATED BY AND BETWEEN REGARDING RECORDED WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS SEPTEMBER 7, 1983 N.B. HUNT AND W.H. HUNT AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE OCTOBER 20, 1983, RECORDER'S FILE NO. 83-378945 16. THE FACT THAT SAID LAND LIES WITHIN THE HPI REORGANIZATION, AS DISCLOSED BY SAN DIEGO COUNTY LOCAL AGENCY FORMATION COMMISSION CERTIFICATE OF COMPLETION, RECORDED FEBRUARY 14, 1985 AS FILE NO. 85-051430 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 17. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE DISTRICT NO. 1" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY OF CARLSBAD A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 19, 1986, RECORDER'S FILE NO. 86-356638. SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES FUNDS FOR THE CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE GENERATED BY FEES COLLECTED AS BUILDING PERMITS ARE ISSUED FOR DEVELOPMENT WITHIN THE BOUNDARIES OF THE DISTRICT. 18. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : AUGUST 29, 1986 BY AND BETWEEN : W.H. HUNT AND N.B. HUNT AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION REGARDING : AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF 1177466- A PAGE 5 f4j TICOR TITLE INSURANCE - CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE RECORDED : NOVEMBER 6, 1986, RECORDER'S FILE NO. 86-509319 19. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : OCTOBER 16, 1987 BY AND BETWEEN : W. H. HUNT AND N. B. HUNT AND THE CITY OF CARLSBAD REGARDING : PAYMENT OF A PUBLIC FACILITIES FEE RECORDED : NOVEMBER 19, 1987, RECORDER'S FILE NO. 87-647735 20. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : JUNE 6, 1988 BY AND BETWEEN : THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE STATE LANDS COMMISSION, WITH THE CONCURRENCE OF THE CALIFORNIA ATTORNEY GENERAL; AND PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP REGARDING : TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT RECORDED : JUNE 10, 1988, RECORDER'S FILE NO. 88-278452 21. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : STATE OF CALIFORNIA ACTING BY AND THROUGH THE STATE LANDS COMMISSION FOR : PUBLIC ACCESS EASEMENT RECORDED : JUNE 10, 1988, RECORDER'S FILE NO. 88-278452 AFFECTS : PARCEL A; PARCEL B AS FOLLOWS: LOTS 2 AND 3 AS SHOWN ON MAP 12409; PARCEL F AS FOLLOWS: LOT 309 AS SHOWN ON MAP 12413 TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT 22. A DEED OF STATED HEREIN DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED DECEMBER 20, 1988 $125,000,000.00 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP FIRST INTERSTATE BANK CORPORATION FIRST INTERSTATE BANK CORPORATION LIMITED PARTNERSHIP, A DELAWARE OF CALIFORNIA, A CALIFORNIA OF CALIFORNIA, A CALIFORNIA DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661636 SAID MATTER AFFECTS: PARCELS A, B, C, D, E AND F SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED : MARCH 23, 1989 EXECUTED BY : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION RECORDED : APRIL 14, 1989, RECORDER'S FILE NO. 89-196177 SUBORDINATED TO : DEED RESTRICTION (OPEN SPACE) RECORDED : APRIL 14, 1989, RECORDER'S FILE NO. 89-196176 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER 1177466- A PAGE 6 QC0 TICOR TIT16 INSURANCE -- REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED : MARCH 13, 1989 EXECUTED BY : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION RECORDED : APRIL 14, 1989, RECORDER'S FILE NO. 89-196179 SUBORDINATED TO DEED RESTRICTION (TRAIL) RECORDED : APRIL 14, 1989, RECORDER'S FILE NO. 89-196178 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED : MARCH 13, 1989 EXECUTED BY : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION RECORDED : APRIL 14, 1989, RECORDER'S FILE NO. 89-196181 SUBORDINATED TO IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS RECORDED : APRIL 14, 1989, RECORDER'S FILE NO. 89-196180 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED : JUNE 7, 1989 EXECUTED BY : AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345754 SUBORDINATED TO : EASEMENT RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345753 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED : JUNE 7, 1989 EXECUTED BY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345756 SUBORDINATED TO : EASEMENT RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345755 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED : MAY 22, 1989 EXECUTED BY AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345758 SUBORDINATED TO : EASEMENT RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345757 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED : JUNE 14, 1989 EXECUTED BY : AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345760 1177466- A PAGE 7 QCJ TICOR TIT(ó INSURANCE- SUBORDINATED TO : EASEMENT RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345759 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED : APRIL 22, 1989 EXECUTED BY : AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345762 SUBORDINATED TO : EASEMENT RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345761 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED JUNE 15, 1989 EXECUTED BY : AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345766 SUBORDINATED TO : EASEMENT RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345765 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED MAY 22, 1989 EXECUTED BY AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-346186 SUBORDINATED TO EASEMENT RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-346185 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED JUNE 30, 1989 EXECUTED BY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED : JULY 24, 1989, RECORDER'S FILE NO. 89-388407 SUBORDINATED TO : MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED : JULY 5, 1989, RECORDER'S FILE NO. 89-354659 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED : AUGUST 1, 1989 EXECUTED BY : FIRST INTERSTATE BANK OF CALIFORNIA RECORDED : SEPTEMBER 1, 1989, RECORDER'S FILE NO. 89-473402 SUBORDINATED TO EASEMENT RECORDED : SEPTEMBER 1, 1989, RECORDER'S FILE NO. 89-473402 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED : SEPTEMBER 29, 1989 EXECUTED BY AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP 1177466- A PAGE 8 QC0 TICOR TITLó INSURANCE RECORDED NOVEMBER 17, 1989, RECORDER'S FILE NO. 89-627308 SUBORDINATED TO : SEWER EASEMENT RECORDED NOVEMBER 17, 1989, RECORDER'S FILE NO. 89-627307 23. AN ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT WAS EXECUTED BY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TO : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED : DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661637 24. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SHOWING DEBTOR : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP SECURED PARTY : FIRST INTERSTATE BANK OF CALIFORNIA RECORDED : DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661638 PROPERTY COVERED : AS SET FORTH THEREIN SAID MATTER AFFECTS: PARCELS A, B, C, 0, E AND F A RELEASE RECORDED NOVEMBER 1, 1989, RECORDER'S FILE NO. 89-593670 AFFECTING LOT 230 MAP 12412 25. ANY ASSESSMENTS WHICH MAY BE LEVIED AGAINST THE HEREIN DESCRIBED PROPERTY, AS DISCLOSED BY A FILED MAP OF THE ASSESSMENT DISTRICT; PLAT NO.: PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT CITY OF : CARLSBAD RECORDED: MARCH 14, 1989, RECORDER'S FILE NO. 89-130025 AND AS AMENDED MAY 8, 1989, RECORDER'S FILE NO. 89-242769. NOTICE OF SPECIAL TAX LIEN RECORDED JULY 28, 1989, RECORDER'S FILE NO. 89-400726 AND OCTOBER 5, 1989, RECORDER'S FILE NO. 89-540361 26. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : MARCH 22, 1989 BY AND BETWEEN : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND THE CALIFORNIA COASTAL COMMISSION REGARDING : DEED RESTRICTION (OPEN SPACE) RECORDED : APRIL 14, 1989, RECORDER'S FILE NO. 89-196176 27. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : MARCH 13, 1989 BY AND BETWEEN : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION AND THE CALIFORNIA COASTAL COMMISSION REGARDING : DEED RESTRICTION (TRAIL) RECORDED : APRIL 14, 1989, RECORDER'S FILE NO. 89-196178 28. A DOCUMENT ENTITLED "IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS" DATED MARCH 13, 1989, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, RECORDED APRIL 14, 1989, 1177466- A PAGE 9 j TICOR TITLj INSURANCE RECORDER'S FILE NO. 89-196180. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 29. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : THE STATE OF CALIFORNIA, A POLITICAL SUBDIVISION FOR : AN OPEN-SPACE EASEMENT IN GROSS AND IN PERPETUITY FOR LIGHT, AIR, VIEW, AND FOR THE PRESERVATION OF SCENIC QUALITIES RECORDED : APRIL 14, 1989, RECORDER'S FILE NO. 89-196180 AFFECTS. : PARCEL A AS SET FORTH THEREIN; PARCEL B AS FOLLOWS: LOTS 2 AND 3 OF MAP 12409; PARCEL E AS FOLLOWS: LOT 309 AS SHOWN ON MAP 12413 30. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : MARCH 31, 1989 BY AND BETWEEN : AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP AND CITY OF CARLSBAD REGARDING : AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE RECORDED : JUNE 5, 1989, RECORDER'S FILE NO. 89-296176 31. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CITY OF CARLSBAD FOR : WATERLINE PURPOSES AND APPURTENANCES RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345753 AFFECTS : PARCEL A, AS DESCRIBED IN SAID DOCUMENT 32. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CITY OF CARLSBAD FOR : DRAINAGE RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345755 AFFECTS : PARCEL A, AS DESCRIBED IN SAID DOCUMENT 33. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CITY OF CARLSBAD FOR GENERAL UTILITY AND ACCESS RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345757 AFFECTS : PARCEL A, AS DESCRIBED IN SAID DOCUMENT 34. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CITY OF CARLSBAD FOR : SEWER AND DRAINAGE RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345759 AFFECTS PARCEL A, AS DESCRIBED IN SAID DOCUMENT 35. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING 1177466- A PAGE 10 QCJ TICOR TITLj INSURANCE SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CITY OF CARLSBAD FOR : GENERAL UTILITY AND ACCESS RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345761 AFFECTS : PARCEL A, AS DESCRIBED IN SAID DOCUMENT 36. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CITY OF CARLSBAD FOR : PUBLIC STREET PURPOSES, AN EASEMENT FOR DRAINAGE PURPOSES, AN EASEMENT FOR SIDEWALK PURPOSES AND AN EASEMENT OF RELINQUISHMENT AND WAIVER OF ABUTTER'S RIGHT OF ACCESS RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345765 AFFECTS : PARCELS A, B, C AND D, AS DESCRIBED IN SAID DOCUMENT 37. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : JUNE 28, 1989 BY AND BETWEEN : THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP REGARDING : DESILTATION BASIN MAINTENANCE AGREEMENT RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345770 SAID MATTER AFFECTS: PARCEL A AS SET FORTH THEREIN 38. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : JUNE 28, 1989 BY AND BETWEEN : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND CITY OF CARLSBAD REGARDING : DESILTATION BASIN/STORM DRAINAGE MAINTENANCE AGREEMENT RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-345771 SAID MATTER AFFECTS: PARCELS B, C, E AND F AS SET FORTH THEREIN 39. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP OF THE SUBDIVISION SHOWN BELOW MAP NO. : 12409 PROVISIONS : AS FOLLOWS: BUILDING PERMITS WILL NOT BE ISSUED FOR LOTS 12 THRU 83 UNTIL PUD PLANS ARE APPROVED BY THE PLANNING COMMISSION. THE OWNER ACCEPTS RESPONSIBILITY FOR DRAINAGE OVERLAND AND ACKNOWLEDGES MAINTENANCE RESPONSIBLITY (IN PERPETUITY). THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE SALE, LEASE, OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS SUBDIVISION, A WRITTEN AGREEMENT PURSUANT TO CARLSBAD MUNICIPAL CODE SECTION 21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING 1177466- A PAGE 11 M TICOR TITL INSURANCE- ---------- PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY. PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE PARK IN LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF CARLSBAD PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR PRIOR TO SALE OF THE SUBDIVISION PROPERTY WHICHEVER OCCURS FIRST. THE SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF FEES SHALL BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR SALE. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19 LOCAL FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN CONFORMANCE WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED ON DECEMBER 8, 1987, AND ANY AMENDMENTS THERETO. THE BUILDING PERMITS WHEN ISSUED WILL BE SUBJECT TO ANY FEES, OTHER CONDITIONS OR REQUIREMENTS IMPOSED AS A PART OF THAT PLAN. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE SALE OR DEVELOPMENT OF ANY PROPERTY OR BUILDING PERMITS, A PARKING AND DRAINAGE AGREEMENT SHALL BE ESTABLISHED FOR LOTS 1. 2 & 10 BY THE SUBDIVIDER AND APPROVED BY THE CITY OF CARLSBAD. 40. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. 12409 STREET AFFECTED : ALGA ROAD ADJACENT AND CONTIGUOUS TO LOT 9, EXCEPTING THEREFROM ACCESS OPENING NO. 1 41. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. : 12409 STREET AFFECTED : BATIQUTIOS DRIVE ADJACENT AND CONTIGUOUS TO LOTS 1, 2, 3, 10, EXCEPTING THEREFROM ACCESS OPENINGS 2 AND 3 42. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12409 FOR : UTILITY AFFECTS : LOTS 1, 2 AND 10 43. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12409 FOR : ACCESS AND GENERAL UTILITY AFFECTS : LOTS 5, 7, 8 AND 9 44. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 1177466- A PAGE 12 QCO TICOR TITIA INSURANCE MAP : 12409 FOR : SEWER AFFECTS : LOT 9 45. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12409 FOR : WATERLINE AFFECTS : LOTS 3, 5, 7, 8 AND 9 46. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOE--1 OR DEDICATED ON MAP : 12409 FOR : DRAINAGE AFFECTS : LOTS 4, 5, 6, 7, 8 AND 9 47. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12409 FOR : SIGHT CORRIDOR AFFECTS : LOT 10 48. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12409 FOR : OPEN SPACE AFFECTS : LOTS 3 AND 11 49. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12409 FOR : ACCESS AFFECTS : LOTS 2 AND 3 50. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12409 FOR : PRIVATE ROAD AFFECTS : LOTS 5 AND 7 51. AN OFFER OF DEDICATION TO PUBLIC USE OF A PORTION OF SAID LAND. SAID OFFER WAS REJECTED ON SAID MAP, BUT IS SUBJECT TO FUTURE ACCEPTANCE UNDER THE PROVISIONS OF SECTION NUMBER 66477.2 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. DESIGNATED ON MAP NO.: 12409 AS : PORTION OF LOT 3 RESERVED FOR FUTURE STREET 52. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP OF THE SUBDIVISION SHOWN BELOW MAP NO. : 12410 PROVISIONS : AS FOLLOWS: THIS PROJECT IS APPOVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE SALE, LEASE, OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS SUBDIVISION, A WRITTEN AGREEMENT PURSUANT TO THE CARLSBAD MUNICIPAL CODE SECTION 21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED. THE OWNER ACCEPTS RESPONSIBILITY FOR DRAINAGE 1177466- A PAGE 13 ' TICOR TITIA INSURANCE OVERLAND AND ACKNOWLEDGES MAINTENANCE RESPONSIBILITY (IN PERPETUITY). THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SULJECT PROPERTY UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY. PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE PARK IN LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF CARLSBAD PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR PRIOR TO SALE OF THE SUBDIVISION PROPERTY WHICH EVER OCCURS FIRST. THE SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF FEES SHALL BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR SALE. THIS SUBDIVISION CONTAINS A REMAINDER PARCEL PURSUANT TO SECTION 20.04.120 OF THE CARLSBAD MUNICIPAL CODE, BUILDING PERMITS SHALL NOT BE ISSUED FOR SUCH PARCEL UNTIL IT IS FURTHER SUBDIVIDED. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19 LOCAL FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN CONFORMANCE WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED ON DECEMBER 8, 1987, AND ANY AMENDMENTS THERETO. THE BUILDING PERMITS WHEN ISSUED WILL BE SUJECT TO ANY FEES, OTHER CONDITIONS OR REQUIREMENTS IMPOSED AS A PART OF THAT PLAN. THIS PROJECT IS APPROVED ON THE EXPRESS CONDITION THAT PRIOR TO THE SALE OR DEVELOPMENT OF ANY PROPERTY OR BUILDING PERMIT, PARKING AND DRAINAGE AGREEMENT SHALL BE ESTABLISHED FOR LOTS 87 THROUGH 91 BY THE SUBDIVIDER AND APPROVED BY THE CITY OF CARLSBAD. 53. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. 12410 STREET AFFECTED : ALGA ROAD ADJACENT & CONTIGUOUS TO LOTS 87, 89, 90 AND 91 EXCEPTING THEREFROM ACCESS OPENINGS NO. 1 AND NO. 2 54. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12410 FOR : GENERAL UTILITY AND ACCESS AFFECTS LOTS 87, 90 AND 91 55. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP 12410 FOR : 25' SEWER AFFECTS : LOTS 87 AND 89 56. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12410 1177466- A PAGE 14 0 TICOR TIT INSURANCE--% FOR : 15' SEWER AFFECTS : LOT 90 57. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12410 FOR : WATER AFFECTS : LOT 87 58. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12410 FOR : 15' DRAINAGE AFFECTS : LOT 87 59. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12410 FOR : SIGHT CORRIDOR AFFECTS : LOTS 87 AND 89 60. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12410 FOR : OPEN SPACE AFFECTS : LOTS 88 AND 89 61. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12410 FOR : PRIVATE ROAD AFFECTS : LOT 87 62. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP OF THE SUBDIVISION SHOWN BELOW MAP NO. : 12412 PROVISIONS : AS FOLLOWS: THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE SALE, LEASE OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS SUBDIVISION A WRITTEN AGREEMENT PURSUANT TO CARLSBAD MUNICIPAL CODE SECTION 21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED. THE OWNER ACCEPTS RESPONSIBILITY FOR DRAINAGE OVERLAND AND ACKNOWLEDGES MAINTENANCE RESPONSIBILITY (IN PERPETUITY). THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY. PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE PARK-IN-LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF CARLSBAD PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR PRIOR TO SALE OF THE SUBDIVIDED PROPERTY WHICHEVER OCCURS FIRST. THE SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF 1177466- A PAGE 15 j TICOR TIT4 INSURANCE CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF THE FEES SHALL BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR SALE. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19 LOCAL FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN CONFORMANCE WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED ON DECEMBER 22, 1987, AND ANY AMENDMENTS THERETO. THE BUILDING PERMITS WHEN ISSUED WILL BE SUBJECT TO ANY FEES, OTHER CONDITIONS OR REQUIREMENTS IMPOSED AS A PART OF THAT PLAN. 63. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12412 FOR : 4' GENERAL UTILITY AFFECTS : LOTS 233 THROUGH 302 INCLUSIVE 64. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12412 FOR : GENERAL UTILITY AND ACCESS AFFECTS : LOT 303 65. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. : 12412 STREET AFFECTED : ALGA ROAD ADJACENT AND CONTIGUOUS TO LOT 230 66. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. : 12412 STREET AFFECTED : BATIQUITOS DRIVE ADJACENT AND CONTIGUOUS TO LOT 229 67. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP 12412 FOR : OPEN SPACE AFFECTS LOTS 231 AND 232 68. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP 12412 FOR : PRIVATE STREET AFFECTS : LOT 303 69. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12412 FOR : DRAINAGE AND ACCESS AFFECTS : LOTS 229 AND 232 1177466- A PAGE 16 Qef- TICOR TITW INSURANCE 70. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP OF THE SUBDIVISION SHOWN BELOW MAP NO. : 12413 PROVISIONS : AS FOLLOWS: BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE PUD PLANS FOR PLANNING AREAS 4, 8 AND 14 ARE APPROVED BY THE CITY PLANNING COMMISSION. THIS EFFECTS LOTS 310 THROUGH 361 INCLUSIVE. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE SALE, LEASE OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS SUBDIVISION A WRITTEN AGREEMENT PURSUANT TO CARLSBAD MUNICIPAL CODE SECTION 21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED. THE OWNER ACCEPTS RESPONSIBILITY FOR OVERLAND DRAINAGE AND ACKNOWLEDGES MAINTENANCE RESPONSIBILITY (IN PERPETUITY). THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY. PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE PARK-IN-LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF CARLSBAD PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR PRIOR TO SALE OF THE SUBDIVIDED PROPERTY WHICHEVER OCCURS FIRST. THE SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF THE FEES SHALL BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR SALE. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19 LOCAL FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN CONFORMANCE WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED DECEMBER 22, 1987, AND ANY AMENDMENTS THERETO. THE BUILDING PERMITS WHEN ISSUED WILL BE SUBJECT TO ANY FEES, OTHER CONDITIONS OR REQUIREMENTS IMPOSED AS A PART OF THAT PLAN. 71. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12413 FOR : DRAINAGE AND ACCESS AFFECTS : LOT 304 72. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12413 FOR : SEWER AFFECTS : LOTS 304, 305, 308 AND 309 73. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12413 1177466- A PAGE 17 rj TICOR TITIJ INSURANCE FOR WATER AFFECTS : LOT 307 74. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP 12413 FOR : GENERAL UTILITIES AND ACCESS AFFECTS : LOTS 305, 306 AND 308 75. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. : 12413 STREET AFFECTED : ALGA ROAD ADJACENT AND CONTIGUOUS TO LOT 304 76. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. : 12413 STREET AFFECTED : BATIQUITOS DRIVE ADJACENT AND CONTIGUOUS TO LOTS 310, 353, 354, 355, 356, 357, 358, 359, 360 AND 361 77. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. : 12413 STREET AFFECTED : AVIARA DRIVE (PRIVATE) ADJACENT AND CONTIGUOUS TO LOTS 324 AND 325 78. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. 12413 STREET AFFECTED : AVIARA DRIVE ADJACENT AND CONTIGUOUS TO LOTS 325, 326, 350, 351, 352 AND 353 79. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12413 FOR : OPEN SPACE AFFECTS : LOTS 306 AND 307 80. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12413 FOR : SIGHT CORRIDOR AFFECTS : LOTS 304 AND 310 81. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12413 FOR : PRIVATE OPEN SPACE LOT 1177466- A PAGE 18 QC) TICOR TITLö INSURANCE AFFECTS : LOT 316 82. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP 12413 FOR : CLEAR SPACE AND SIGHT DISTANCE AFFECTS : LOTS 330, 334, 335, 341, 343 AND 361 83. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12413 FOR : DRAINAGE AFFECTS : LOTS 305 AND 308 84. COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION OF RESTRICTIONS EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP RECORDED : JULY 5, 1989, RECORDER'S FILE NO. 89-354659 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. IT ALSO PROVIDES THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. THE RIGHT TO LEVY CERTAIN CHARGES OR ASSESSMENTS AGAINST SAID LAND WHICH SHALL BECOME A LIEN IF NOT PAID, AS THEREIN SET FORTH, CONFERRED UPON : AVIARA MASTER ASSOCIATION, A CALIFORNIA NON-PROFIT MUTUTAL BENEFIT CORPORATION THE ABOVE MENTIONED COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT THE ASSESSMENT LIENS PROVIDED FOR THEREIN SHALL BE SUBORDINATE TO THE LIEN OF ANY FIRST MORTGAGE UPON ANY LOT. 85. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY ORGANIZED IN THE STATE OF CALIFORNIA, ITS SUCCESSORS AND ASSIGNS FOR : THE CONSTRUCTION, OPERATION, REPAIR, RECONSTRUCTION AND ALL ACTIVITIES NECESSARY TO CONSTRUCT, RECONSTRUCT, OPERATE, MAINTAIN AND REPAIR FACILITIES DESIGNED FOR THE GENERAL PURPOSE OF COLLECTING, STORING, TRANSPORTING, PUMPING AND TREATING ALL WATER, INCLUDING SURFACE WATER, STREAM WATER, FLOOD WATER AND GROUND WATER FLOWING INTO SAID FACILITIES, AND ALL NATURAL AND ARTIFICIAL DRAINAGE DITCHES AND STRUCTURES OF ANY KIND, WHETHER ABOVE OR BELOW THE SURFACE OF THE GROUND. RECORDED : AUGUST 7, 1989, RECORDER'S FILE NO. 89-419898 AFFECTS : PARCEL A AS SET FORTH THEREIN 86. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DEED EXECUTED BY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP 1177466- A PAGE 19 Qrj- TICOR TIT14 INSURANCE RECORDED : NOVEMBER 1, 1989, RECORDER'S FILE NO. 89-593671 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. 87. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FOR (A) TO CONSTRUCT, INSTALL, MAINTAIN AND REPAIR IN THE DEDICATED PROPERTY TRAILS, PICNIC BENCHES, SLOPES, WALLS, FENCES, EROSION CONTROL DEVICES AND SUCH OTHER FACILITIES AS ARE CONSISTENT WITH THE USE OF THE DEDICATED PROPERTY AS OPEN SPACE LAND. (B) TO INSTALL LANDSCAPING AND DRAINAGE AND IRRIGATION FACILITIES IN THE DEDICATED PROPERTY AND ENTER UPON THE DEDICATED PROPERTY FOR THE PURPOSE OF MAINTAINING, RESTORING AND REPLACING SUCH LANDSCAPING AND DRAINAGE AND IRRIGATION FACILITIES. (C) TO ENTER UPON THE DEDICATED PROPERTY TO TRIM AND MAINTAIN TREES. (0) TO ENTER UPON THE DEDICATED PROPERTY TO THIN AND REMOVE VEGETATION AND UNDERBRUSH. (E) TO DEDICATE EASEMENTS OVER THE DEDICATED PROPERTY FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF PUBLIC UTILITIES. (F) TO ENTER UPON THE DEDICATED PROPERTY FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF PUBLIC UTILITIES. RECORDED : NOVEMBER 1, 1989, RECORDER'S FILE NO. 89-593671 SAID DEED DOES NOT CONTAIN THE LOCATION OF SAID EASEMENT. NOTES A. THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR RECORDING CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A "PRELIMINARY CHANGE OF OWNERSHIP REPORT." IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WILL NOT CHARGE AN EXTRA FEE IF THE DOCUMENT IS ACCOMPANIED BY AN AFFIDAVIT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. OUR TITLE BILLING WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE. B. ASSEMBLY BILL 512 (CHAPTER 598, STATUTES OF 1989), WHICH ADDED SECTION 12413.1 TO THE INSURANCE CODE OF THE STATE OF CALIFORNIA IS EFFECTIVE JANUARY 1, 1990. EXCEPT FOR FUNDS DEPOSITED BY CASH OR BY 1177466- A PAGE 20 Qrj_ TICOR TITLJI INSURANCE ELECTRONIC PAYMENT, THIS LAW PROHIBITS ALL TITLE INSURANCE COMPANIES, CONTROLLED ESCROW COMPANIES AND UNDERWRITTEN TITLE COMPANIES FROM DISBURSING FUNDS FROM AN ESCROW OR SUB-ESCROW ACCOUNT, UNTIL THE DAY THESE FUNDS ARE MADE AVAILABLE TO THE DEPOSITOR PURSUANT TO PART 229 OF TITLE 12 OF THE CODE OF FEDERAL REGULATIONS, (REG. Cc). UNDER REG. CC , ITEMS SUCH AS CASHIER'S, CERTIFIED OR TELLER'S CHECKS MAY BE AVAILABLE FOR DISBURSEMENT ON THE BUSINESS DAY FOLLOWING THE BUSINESS DAY OF DEPOSIT; HOWEVER, OTHER FORMS OF DEPOSITS MAY CAUSE EXTENDED DELAYS IN THE CLOSING OF THE ESCROW. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA WILL NOT BE RESPONSIBLE FOR ACCRUALS OF INTEREST RESULTING FROM COMPLIANCE WITH DISBURSEMENT RESTRICTIONS MANDATED BY THIS LAW. 1177466- A PAGE 21 Qep- TICOR TIT14 INSURANCE THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THOSE PORTIONS OF SECTIONS 22, 26, 27, 28, 33, AND 34 ALL IN 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, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 34 AS SHOWN ON RECORD OF SURVEY MAP NO. 10774 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 30, 1986 AS FILE NO. 86-494180; THENCE ALONG THE EASTERLY LINE OF SAI-D SECTION, SOUTH 00 °32'01 WEST 426.75 FEET; THENCE LEAVING SAID EASTERLY LINE, THE FOLLOWING COURSES: WEST WEST EAST WEST WEST EAST WEST WEST WEST WEST WEST WEST WEST WEST WEST WEST WEST WEST WEST WEST WEST WEST WEST WEST LINE ID BO NORTH 83 0 55 1 00" SOUTH 67 0 22 1 00" SOUTH 3902510011 SOUTH 49 0 15'00" NORTH 58 0 00'00 NORTH 05 0 14'00" NORTH 74 0 45 1 00" SOUTH 59 0 00 1 00 SOUTH 22 0 30'00" SOUTH 61054b00u NORTH 89 0 00'00" SOUTH 62050b00h1 SOUTH 54 0 10 1 00" NORTH 54 0 10'00" NORTH 35 0 30'00" NORTH 20 0 30'00 SOUTH 25030.b00u SOUTH 33 0 30'00" SOUTH 7703010011 SOUTH 75 0 58'00" NORTH 73 0 50'00" NORTH 7401010011 NORTH 73016I2611 SOUTH 78 0 00'00" TO THE BOUNDARY THENCE ALONG SA 164.81 FEET; SOUTH 51 0 22 1 00" WEST 518.00 FEET; 140.00 FEET; SOUTH 60 0 44'00" WEST 295.00 FEET; 163.00 FEET; SOUTH 21 0 11'00" WEST 214.00 FEET; 119.00 FEET; NORTH 89 0 45'00" WEST 186.00 FEET; 132.00 FEET; NORTH 7203010011 WEST 187.00 FEET; 201.00 FEET; NORTH 51 0 53'00 WEST 63.00 FEET; 193.00 FEET; NORTH 89 0 42'00" WEST 218.00 FEET; 156.00 FEET; NORTH 75°10'00" WEST 113.00 FEET; 88.00 FEET; SOUTH 81 0 22'00" WEST 57.00 FEET; 195.00 FEET; NORTH 82 0 00'00" WEST 114.00 FEET; 120.00 FEET; SOUTH 01 0 00'00" EAST 36.00 FEET; 318.00 FEET; SOUTH 28 °00'00" EAST 35.00 FEET; 148.00 FEET; SOUTH 79 0 35'00 WEST 155.00 FEET; 370.00 FEET; NORTH 74030b00h1 WEST 86.00 FEET; 141.00 FEET; NORTH 11 0 10 b 00 U EAST 110.00 FEET; 128.00 FEET; NORTH 8500b00u WEST 71.00 FEET; 223.00 FEET; SOUTH 10 0 45'00 EAST 53.00 FEET; 146.00 FEET; SOUTH 55 0 30'00" WEST 52.00 FEET; 358.00 FEET; SOUTH 55 0 10'00 WEST 167.00 FEET; 42.00 FEET; NORTH 83 0 56'00" WEST 117.00 FEET; 99.00 FEET; NORTH 79 0 50'00 WEST 147.00 FEET; 190.00 FEET; NORTH 68 0 56'02" WEST 346.00 FEET; 174.03 FEET; NORTH 84°00'00" WEST 124.00 FEET; 447.00 FEET; NORTH 83 0 00'00" WEST 123.73 FEET OF SAID RECORD OF SURVEY MAP; JNDARY LINE, THE FOLLOWING COURSES: NORTH 32 0 17 1 46" WEST 561.66 FEET; NORTH 69°1521" WEST 228.23 FEET; NORTH 00 0 43'21 WEST 788.21 FEET; NORTH 00 0 30'45" EAST 1357.73 FEET; SOUTH 89008I32u EAST 1358.19 FEET; NORTH 23018151h1 EAST 156.92 FEET; SOUTH 83 0 50'41" EAST 182.99 FEET; NORTH 63 °51'06" EAST 118.55 FEET; NORTH 46 0 13'35" EAST 66.99 FEET; NORTH 21020b05H EAST 79.07 FEET; NORTH 14 0 41'15" WEST 271.95 FEET; NORTH 26 0 25'20" WEST 112.93 FEET; NORTH 44011b08 WEST 189.02 FEET; NORTH 36 0 54'21" WEST 80.99 FEET; NORTH 17 0 22'08" WEST 96.53 FEET; NORTH 07 0 57I57H WEST 108.47 FEET; NORTH 03 0 51 1 41" EAST 180.95 FEET; NORTH 35°35'33" WEST 142.04 FEET; NORTH 0003411811 EAST 2716.14 FEET; SOUTH 86 0 58'38" EAST 1318.67 FEET; NORTH 01 0 49 1 19" WEST 331.07 FEET; SOUTH 86 0 57'12" EAST 660.57 FEET; SOUTH 01 0 3647" EAST 330.69 FEET; SOUTH 00006150h1 WEST 1340.75 FEET; SOUTH 87 0 30'08" EAST 662.65 FEET; SOUTH 87 0 32'14" EAST 662.56 FEET; 1177466- A PAGE 22 TICOR TITIö INSURANCE -. NORTH 00012b09 WEST 1328.52 FEET; SOUTH 86 0 58'17" EAST 659.12 FEET; NORTH 00 0 41'54" WEST 2434.07 FEET; SOUTH 89 0 28'30" EAST 1370.33 FEET; SOUTH 00 0 33 1 25h1 WEST 2491.10 FEET; SOUTH 00 °4222" EAST 2294.99 FEET; SOUTH 89 0 19'14" EAST 1334.44 FEET; SOUTH 00021I21 EAST 328.99 FEET; SOUTH 8901612611 EAST 252.98 FEET; SOUTH 0004311911 WEST 392.93 FEET; SOUTH 89 0 16'42" EAST 299.95 FEET; SOUTH 25 0 48'10" EAST 163.03 FEET; SOUTH 44 0 3944" WEST 109.07 FEET; SOUTH 40 0 51'44" WEST 501.68 FEET; SOUTH 38 0 15'14" WEST 136.45 FEET; SOUTH 08 0 46'19" WEST 168.00 FEET; SOUTH 24 0 07'12" WEST 174.68 FEET; SOUTH 1501316 EAST 128.95 FEET; SOUTH 48 0 19'47" EAST 507.55 FEET; SOUTH 24029117h1 EAST 825.89 FEET; NORTH 88 0 48'10" WEST 770.87 FEET; NORTH 00 0 22'48" WEST 658.36 FEET; NORTH 88 0 5525" WEST 1321.10 FEET; AND SOUTH 00042122h1 EAST 655.68 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 - UNIT "A" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12409 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989; ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 - UNIT "B" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12410 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989; ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 UNIT "C", IN THE CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989; ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I - UNIT "0", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12412, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989; ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35 PHASE 1 - UNIT "E" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989; ALSO EXCEPTING THEREFROM THAT PORTION OF SECTION 22, 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 AS SHOWN ON RECORD OF SURVEY NO. 10774, RECORDED OCTOBER 30, 1986 AS FILE NO. 86-494180, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE ALONG THE EASTERLY LINE OF SAID SECTION 22, NORTH 0003312511 EAST, 1634.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE, SOUTH 89 0 4656" WEST, 678.27 FEET; THENCE SOUTH 44 0 18'06" WEST, 124.45 FEET; THENCE SOUTH 89 0 18 1 06" WEST, 566.00 FEET; THENCE NORTH 19 0 52'40" EAST, 92.87 FEET; THENCE NORTH 45 0 10'21" WEST, 54.44 FEET; THENCE NORTH 13 0 28'04" EAST, 60.92 FEET; THENCE NORTH 0002214011 WEST, 320.06 FEET; THENCE NORTH 12 °18'08" WEST, 92.73 FEET; THENCE NORTH 5005910911 EAST, 201.72 FEET; THENCE NORTH 14 0 03'08" WEST, 251.61 FEET TO A POINT ON THE NORTHERLY LINE OF SAID RECORD OF SURVEY NO. 10774; THENCE SOUTH 89 0 28'30" EAST, 322.59 FEET; THENCE LEAVING SAID 1177466— A PAGE 23 QC) TICOR TITJ INSURANCE- NORTHERLY LINE SOUTH 0004310011 EAST, 121.77 FEET; THENCE SOUTH 49 0 41'33" WEST, 50.16 FEET; THENCE SOUTH 10 0 13'08" WEST, 45.76 FEET; THENCE SOUTH 34 0 30'47 EAST, 34.62 FEET; THENCE SOUTH 62 0 22'17" EAST, 25.68 FEET; THENCE SOUTH 19 0 35'24" WEST, 109.22 FEET; THENCE NORTH 75 0 32'32" EAST, 110.78 FEET; THENCE NORTH 35 0 50'10" EAST, 100.96 FEET; THENCE SOUTH 82 0 53'54" EAST, 31.50 FEET; THENCE NORTH 56 0 01'44" EAST, 225.45 FEET; THENCE NORTH 43 0 54'35" EAST, 93.91 FEET; THENCE NORTH 7301811511 EAST, 133.63 FEET TO A POINT ON THE NORTHERLY LINE OF SAID RECORD OF SURVEY NO. 10774, THENCE ALONG SAID NORTHERLY LINE, SOUTH 8902813011 EAST, 135.92 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 52 0 45'54' EAST, 325.96 FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION 22; THENCE ALONG SAID EASTERLY LINE, SOUTH 00033125u WEST, 661.79 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THOSE PORTIONS OF THE SOUTH ONE HALF OF THE SOUTH ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOGETHER WITH A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH ONE HALF OF THE SOUTH ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE ALONG THE EASTERLY LINE THEREOF, SOUTH 00021121 EAST 293.56 FEET TO A POINT ON A NON-TANGENT 1151.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 04 0 10'50 WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3903212011 A DISTANCE OF 794.28 FEET TO THE BEGINNING OF A REVERSE 20.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE BEARS SOUTH 43 0 43'10" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87 0 33'10" A DISTANCE OF 30.56 FEET; THENCE TANGENT TO SAID CURVE, NORTH 46 0 10'00" WEST 95.89 FEET TO THE BEGINNING OF A TANGENT 430.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09 0 46'00" A DISTANCE OF 73.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 55 0 56'00 WEST 416.30 FEET TO THE BEGINNING OF A TANGENT 320.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5501313811 A DISTANCE OF 308.45 FEET; THENCE TANGENT TO SAID CURVE, NORTH 00042I22 WEST 18.83 FEET TO THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE TO AND ALONG SAID NORTHERLY LINE, SOUTH 89 0 19'14" EAST 1349.44 FEET TO THE POINT OF BEGINNING. PARCEL B: LOTS 1 THROUGH 11 INCLUSIVE OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 - UNIT A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12409, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989. PARCEL C: LOTS 87 THROUGH 91 INCLUSIVE, OF CITY OF CARLSBAD TRACT 85-35, AVIARA 1177466- A PAGE 24 QCO TICOR TIT16 INSURANCE-, PHASE 1 - UNIT B, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12410, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. PARCEL D: LOTS 94 THROUGH 100 INCLUSIVE, LOTS 115, 116, 123 THROUGH 127 INCLUSIVE, LOTS 227, 228 AND 229 OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I UNIT C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. PARCEL E: LOTS 229 THROUGH 303 INCLUSIVE OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I - UNIT "0", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12412, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. PARCEL F: LOTS 304 THROUGH 309 INCLUSIVE, OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I UNIT "E", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. 1177466- A PAGE 25 QeO- TICOR TiTle INSURANCE EXHIBIT A Printed Policy Exceptions and Exclusions ALTA RESIDENTIAL POLICY (6-1-87) The Exclusions and the Exceptions of the ALTA Residential Policy * that result in no loss to you form recite that you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 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 Exclusions Risks 1 Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning • land use • improvements on the land • land division 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 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 A or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Standard Exceptions (a) Any rights, interests or claims of parties in possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of the Covered Title Risks. (c) Any facts about the land Which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. (d) Any water rights, claims or title to water on or under the land. ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE The Exclusions from Coverage of the ALTA Loan Policy form recites that 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: (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 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) 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) 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 (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 to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4 Unenforceability 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 indebtedness, to comply With applicable doing business laws of the state in which the land is situated. 5 Invalidity or unenforceability of the lien of the insured mortgage, 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 improvement 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 part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 1177466- A PAGE 26 (continued on next page) QC0 TICOR TI!4 INSURANCE- CLTA RD COVERAGE POLICY-1988 The Exclusions from Coverage of the CLTA Standard Coverage Policy form recites that 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 or 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 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) 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 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 insured mortgage or for the estate or interest insured by this policy. 4. Unentorceability 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 indebtedness, to comply with the applicable doing business laws of the state in Which the land is situated. 5. Invalidity or unenforceability 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. Schedule B of the CLTA Standard Coverage Policy form recites that this policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency 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 the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any 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. 6. Any facts. rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 7. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. ALTA OWNER'S POLICY (10-21.87) The Exclusions from Coverage of the ALTA Owner's Policy form recites that 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 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) 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) 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. Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009 1177466- A PAGE 27 o CA/?0 all Citv o Carlsbad May 16, 1994 -- 7 Eric Annstrong 7 Fuscoe Engineering 5897 Oberlin Drive, Suite 209 San Diego, CA 92121 SUBJECF: PRE 94-15/GREYSTONE AT AVIARA - PLANNING AREA 24 APN: 215-640-1 Preliminary review of your project was conducted on May 12, 1994. Listed below are the issues raised by staff. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. The preliminary review does not represent an in-depth analysis of your project. Additional issues of concern may be raised after your application is submitted and processed for a more specific and detailed review. Planning Department: 1) The Planning Department would support the reduction of sideyard setbacks on one side of the lot per the guidelines of the R-1 Zone, if the request for sideyardsetback modifications is kept to minimum, for example, no more than 25% of the lots in the entire planning area. In addition, the reduction of the side yard setback should not result in a building separation of less than 15 feet on the subject lots. 2) The Planning Department would also support a minor amendment to the Pacific Rim Country Club and Resort Master Plan under Planning Area 24 development standards, to allow a 15 foot front yard setback for a one-story, side loaded garage, if requirements similar to the following criteria are provided in the master plan: a. No more than 33% of the lots in the planning area shall be permitted to contain a one-story, side loaded garage with a 15 foot front yard setback. b. Lots containing 15 foot front yard setbacks and one-story side loaded garages should be dispersed throughout the planning area to visually, enhance the streetscape. They should also be utilized on lots that are constrained by building pad length in order to create more usable area in the rear yard of the home. C. One-story, side loaded garages, that have a 15 foot front yard setback should be architecturally enhanced and the 15 foot front yard setback area should be heavy landscaped with a combination of trees and shrubs to minimize potential visual impacts when the garages are viewed from the public street. d. For every lot containing a reduced 15 foot front yard setback there should be an increase of 4 feet on a lot required to have a 20 foot front yard setback, (i.e. If 33 lots contain 15 foot setbacks then 33 additional lots in the planning area should have 24 foot setbacks). 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 S S PRE 94-15/GREYSTONE AT AVIARA - PA 24 APN: 215-640-1 MAY 16, 1994 PAGE 2 3) The Planning Department recommends that Lots 63-70 be site planned with homes similar to what is proposed in the rest of the planning area. The entire planning area is subject to the Site Development Plan requirement, and all the homes in the planning area should be architecturally similar in material and design. 4) To modify a development standard in the master plan a Minor Master Plan Amendment would be required. The application fee is $1,700.00, there is a separate application checklist, and the request for the amendment would be considered by the Planning Commission in conjunction with the Site Development Plan application. 5) The master plan requires that a site specific noise study be submitted prior to approval of the Site Development Plan. The noise analysis an any mitigation should comply with the requirements of Planning Department Administrative Policy No. 17. In addition, and in order for staff to review the project's compliance with the wall/fencing requirements of the master plan a wall/fencing plan should be submitted with the application. 6) For additional staff comments refer to the attached redline check prints. Engineering Department: 1) In accordance with City Standard driveway criteria, Item No. 16, a minimum driveway separation of 3 feet must be maintained between the driveway and property line. Lots 50, 51 and 99 do not meet this standard. Please revise these driveways, and any other driveways which do not meet this standard, upon formal Site Development Plan (SDP) submittal. 2) Regarding lot drainage, in accordance with City Standard GS-15, a minimum of 5 feet must be maintained from the structure to the flow line. It appears that this standard is not being met on various lots. Please revise all lot drainage to meet City Standard GS-15 or submit a letter from a soils engineer specifying a shorter distance for this site. Also in accordance with GS-15, acceptable driveway grades must be maintained for each lot. Therefore, please provide finished floor elevations and street grades so that driveway grades can be reviewed. 3) Upon formal SDP submittal, please indicate the appropriate sheet match lines. 4) Please reference CT 90-15, Units 1-4, on the SDP. 5) Sheet 4 of 6 indicates a knuckle at the intersection of Nightshade Road with Towhee Lane. This does not conform with the approved tract map. What is the intent of this proposed intersection configuration? 6) Please explain the grading comment regarding Lot's 109 through 111. Any grading on the project as a whole will have to conform to the approved tract map, why are these lots called out specifically? . S PRE 94-15/GREYSTONE AT AVIARA - PA 24 APN: 215-640-1 MAY 16, 1994 PAGE 3 Please contact Jeff Gibson at (619) 438-1161, extension 4455 if you have any questions. G:E. W~AY$N Assistant Planning Director GEW:JG:vd C: Michael J. Hoiziniller Bobbie Hoder File Copy Data Entry Maijorie/Rich