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...
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I-
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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.
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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