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HomeMy WebLinkAboutCT 90-23; FAIRWAYS; Tentative Map (CT)Master Plan ........... Specific Plan ............. Precise Development Plan... Tentative Tract Map........ Planned Development Permit Non-Residential Planned Development Permit........ Condominium Permit......... 0 Special Use Permit.. ....... Redevelopment Permit....... 0 Tentative Parcel Map....... 0 Administrative Variance.... I. I. 11 F~W_l •1 --'I 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) 0 General Plan Amendment ...... ..________ 0 Site Development Plan ....... ..________ 0 Zone Change ................. .._______ C3"' Conditional Use Permit ...... .________ Hillside Development Permit tO 0 Environmental Impact Assessment . . . . . . . . . . . . . . . 0 Variance ............. . . . . . . 0 Planned Industrial Permit... Coastal Development Permit.. 0 Planning Commission Deter.'.. X Public Facilities Fee Agreement 2) LOCATION OF PROJECT: ON THE South7 SIDE OFj Corte De La Vista I (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN F Alicante Road AND F El Fuerte Street (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: (Parcel 2 of Parcel Map No. 11722, in the City of I Carlsbad, County of San Diego, State of California, filed October 9, 1981.1 4) ASSESSOR PARCEL NO(S). 216-130-61 5) LOCAL FACILITIES El 6) EXISTING GENERAL'RS M 7) PROPOSED GENERAL MANAGEMENT ZONE PLAN DESIGNATION I PLAN DESIGNATION 8) EXISTING ZONING[RDM (9) PROPOSED ZONING( N/C 110) GROSS SITE 41.09 ACM-Mal- 11) PROPOSED NUMBER OF 132 (12) PROPOSED NUMBER( 147 13) TYPE OF L identiali RESIDENTIAL UNITS OF LOTS I SUBDIVISION (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITS None COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL n/a 1 16) PROPOSED COMMERCIAL Lnia I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE ARFM0008.DH 4/89 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 -717) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE J 2 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS I 132EDU I I 1,329J 20) PROJECT NAME: Fairways 21)BRIEF DESCRIPTION OF PROJECT: f Project proposes 132 units on minimum 50 by 95 foot lots. 22) OWNER 23) APPLICANT Fieldstone/La Costa NAME (PRINT OR TYPE)Associates,LID Hofman Planning NAME (PRINT OR TYPE) Associates MAILING ADDRESS MAILING ADDRESS 5465 Morehouse Drive, Suite 250 2386 Faraday Avenue, Suite 120 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE San Diego, CA 92121 (619)546-8081 Carlsbad, CI 92008 (619)438-1465 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE- ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST OF MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO SIGNATURE DATE THE BEST OF MY KNOWLEDGE. SIGNATURE DATE ( _____ * * * * * * FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED Th - S coO 7P zcmVE JUL :t 1 •L'9fl CITY OF CARLSBAD DEVELOP.. PROC. SERV. DIV. DATE STAMP APPLICATION RECEIVED RECEIVED BY: - TOTAL FEE REQUIREDLII J DATE FEE PAIDJ ] /[(I cto I RECEIPT NO.1 I CITY OF CARLSBAD W LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For Dept. Use Only) (For Dept. Use Only) 0 Master Plan ............... Specific Plan ............. Precise Development Plan... Tentative Tract Map........ Planned Development Permit 0 Non-Residential Planned Development Permit........ Condominium Permit......... Special Use Permit......... Redevelopment Permit....... 0 Tentative Parcel Map....... 0 Administrative Variance.... O General Plan Amendment ...... .._________ 0 Site Development Plan .... ....________ Zone Change ................. .________ 0 Conditional Use Permit...... Hillside Development Permit-1 _EI 0 Environmental Impact Assessment ................ .__________ Variance .................... .._________ O Planned Industrial Permit... Coastal Development Permit.. 0 Planning Commission Deter... 2) LOCATION OF PROJECT: ON THE I South 7SIDE OFJ Corte De La Vista (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN I Alicante Road J AND F E1 Fuerte Street (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: I Parcel 2 of Parcel Map No. 11722, in the City of Carlsbad I County of San Diego, State of California, filed October 9, 1981. 4) ASSESSOR PARCEL NO(S). 216-130-61 5) LOCAL FACILITIES! 6 6) EXISTING GENERAL 1 7 ~is M-H PROPOSED GENERALMANAGEMENT ZONE PLAN DESIGNATION LAN DESIGNATION 8) EXISTING ZONING !_RDM 1 9) PROPOSED ZONINGf N/C 1 10 ) GROSS SITE I ACREAGE 11) PROPOSED NUMBER OF!_13T112) PROPOSED NUMBER !__145 TYPE OF lResidentil RESIDENTIAL UNITS OF LOTS SUBDIVISION (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITS none I COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL n/a 16) PROPOSED COMMERCIAL I n/a OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE ARFM0008.DH 4/89 CITY OF CARLSBAD W LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 26.1% 7 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS I 131 EDtJ [ 1,3l1 20) PROJECT NAME: Fairwaa 21)BRIEF DESCRIPTION OF PROJECT: A single family residential development on a 41.09 acre Prolect proposes 131 units on minimum 50 by 95 foot lots. 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE' Fieldstone/La Costa NAME (PRINT OR TYPE' Hofinan Planning / Associates, LTD Associates MAILING ADDRESS MAILING ADDRESS 5465 Morehouse Drive, Suite 250 2386 Faraday Aveue, Suite 120 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE San Diego, CA 92121 (619)546-8081 Carlsbad, CA 92008 (619)438-146 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE- ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST OF MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO SIGNATURE DATE THE BEST OF MY KNOWLEDGE. SIGNATURE DATE ************************************************************************************ FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED DATE STAMP APPLICATION RECEIVED RECEIVED BY: I TOTAL FEE REQUIRED DATE FEE PAIDf RECEIPT NO.1 ARFM0008.DH 4/89 City of Carlsbad 27 Las Palmas Drive Crsbad, CA 92009 .• (619) 438-1161 .1 E C r fl MAY 31191 89 F:lr )rrf'.E (,Uft.Af'i'( esidential Condominiums and esidential Planned Unit evelopment: $ 530.00 (50 units or less) $1,090.00 (51 units or more) PLANNING DEPARTMENT RESIDENTIAL CONDOMINIUMS RESIDENTIAL PLANNED UNIT DEVELOPMENT Complete Description of Project (attach additional sheets if necessary) Single Family Residenililal Development over 41.09 Acres, previously graded. Project proposes 131 residential lots averaging approximately 7500 square feet each. Location of Project Legal Description (complete) Parcel 2 of Parcel Map No. 11722, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder October _9._1981. Local Facility Management Zone Assessors Parcel Number 6 216-130-61 Zone General Plan Existing Land Use RuM Residential Medium - High Vacant Proposed Zone Proposed General Plan Site Acreage No Change No Change 41.09 Owner Applicant Name (Print or Type) Name (Print or Type) Fieldstone / La Costa Associates VTN PLANNING Mailing Address Mailing Address 5465 Morëhouse Drive Suite 250 4849 Ronson CoUrt Suite 217 City and State Zip Telephone City and State Zip (61 lePhone San Diego CA 92121 (691) 546-8081 San Diego, CA 92111 292-4227 I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE OWNER'S AND THAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND THAT ALL IS TRUE AND CORRECT TO THE BEST OF THE ABOVE INFORMATION IS TRUE MY KNOWLEDGE. AND CORRECT TO THE BEST OF SIGNATURE MY KNOWLEDGE. SIGNATURE DATE Date Application Rec'd Received By Fees Received Receipt No. (y - (0 PROJECT NUMBER (S) u 0 -09 ORDER NO. 987515-14 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 (619) 238-1776 APRIL 7, 1989 THE FIELDSTONE COMPANY 5465 MOREHOUSE DRIVE, SUITE 250 SAN DIEGO, CALIFORNIA ATTN: BRIAN J. NILICH YOUR REF: ALICANTE OUR ORDER NO. 987515-14 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF MARCH 31, 1989 AT 7:30 A.M. Z 7 c KEVIN MC CARTHY/SDJ - TITLE OFFICER DIRECT DIAL PHONE 231-4665 A M £ PAGE 1 A M E R ORDER NO. 987515-14 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: PRELIMINARY TITLE REPORT TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1989-90, A LIEN, NOT YET PAYABLE. 2. SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1988-89. 3. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. 4. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. PAGE 2 -ç A M £ R I ORDER NO. 987515-14 5. AN EASEMENT FOR SEWER PIPELINE OR PIPELINES, MANHOLES, LATERALS AND APPURTENANCES AND INCIDENTAL PURPOSES IN FAVOR OF LEUCADIA COUNTY WATER DISTRICT, A POLITICAL SUBDIVISION, RECORDED JUNE 7, 1971 AS FILE NO. 118184 OF OFFICIAL RECORDS, LOCATED WITHIN THAT PORTION OF PARCEL 2, AS SHOWN ON PARCEL MAP NO. 11722. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 6. AN EASEMENT FOR PIPELINE AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED AUGUST 8, 1973 AS FILE NO. 73-220063 OF OFFICIAL RECORDS, LOCATED WITHIN A 24 FOOT STRIP OF LAND. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 7. AN EASEMENT FOR SEWER PIPELINE AND INCIDENTAL PURPOSES IN FAVOR OF LEUCADIA COUNTY WATER DISTRICT, RECORDED SEPTEMBER 25, 1973 AS FILE NO. 73-270151 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 8. AN EASEMENT FOR A PIPELINE OR PIPELINES OR ANY AND ALL PURPOSES, TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCES, INCLUDING, BUT NOT LIMITED TO, CONDUITS AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED OCTOBER 5, 1973 AS FILE NO. 73-282154 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 9. AN AGREEMENT REGARDING JOINT USE OF EASEMENT, DATED OCTOBER 1 1 1973, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CARLSBAD MUNICIPAL WATER DISTRICT, THE LEUCADIA COUNTY WATER DISTRICT AND THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT. RECORDED: NOVEMBER 5, 1973 AS FILE NO. 73-308939 OF OFFICIAL RECORDS. 10. AN EASEMENT FOR SEWER PIPELINE OR PIPELINES, MANHOLES, LATERALS AND APPURTENANCES AND INCIDENTAL PURPOSES IN FAVOR OF LEUCADIA COUNTY WATER DISTRICT, RECORDED NOVEMBER 12, 1973 AS FILE NO. 73-315883 OF OFFICIAL RECORDS. THE ROUTE OR LOCATION CANNOT BE DETERMINED FROM SAID INSTRUMENT. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 3 A M E / . S -1 4. •1• ORDER NO. 987515-14 11. AN EASEMENT FOR UNDERGROUND CONDUITS AND NECESSARY ABOVEGROUND STRUCTURES FOR TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND PIPELINE(S) FOR THE TRANSMISSION AND DISTRIBUTION OF GAS AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED OCTOBER 29, 1974 AS FILE NO. 74-287227 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PARCEL "A": THAT PORTION AS DESCRIBED IN THAT CERTAIN GRANT OF RIGHT OF WAY, EXECUTED BY LA COSTA LAND COMPANY, AN ILLINOIS CORPORATION TO CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED AUGUST 8, 1973 AS FILE NO. 73-220063 OF OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO. PARCEL "B": THAT CERTAIN 10.00 FOOT STRIP OF LAND, LYING ADJACENT TO, CONTIGUOUS WITH AND NORTHEASTERLY AND EASTERLY OF THE NORTHEASTERLY AND EASTERLY RIGHT OF WAY LINE OF PARCEL "A" DESCRIBED ABOVE. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 12. AN OFFER AND THE REJECTION OF SAID OFFER SUBJECT TO THE PROVISIONS OF SECTION 66477.2 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA FOR THE DEDICATION' OF THAT PORTION OF LOT 12 DESIGNATED AS "RESERVED FOR FUTURE STREET" ON MAP NO. 7784, AND RESERVED ON MAP NO. 8266 AS SHOWN ON THE MAP OF SAID TRACT, WHICH PROVIDES THAT A REJECTED OFFER OF DEDICATION SHALL REMAIN OPEN AND SUBJECT TO FUTURE ACCEPTANCE BY THE CITY OF CARLSBAD. 13. AN OFFER AND THE REJECTION OF SAID OFFER SUBJECT TO THE PROVISIONS OF SECTION 66477.2 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA FOR THE DEDICATION OF THAT PORTION OF LOT 12 DESIGNATED AS "RESERVED FOR FUTURE SLOPE RIGHTS" ON SAID MAP NO. 7784, AND RESERVED ON MAP NO. 8266 AS SHOWN ON THE MAP OF SAID TRACT, WHICH PROVIDES THAT A REJECTED OFFER OF DEDICATION SHALL REMAIN OPEN AND SUBJECT TO FUTURE ACCEPTANCE BY THE CITY OF CARLSBAD. 14. THE FACT THAT SAID LAND COULD BE SUBJECT TO INUNDATION, AS DISCLOSED BY MAP NO. 7784. 15. AN EASEMENT FOR GENERAL UTILITY, TREE PLANTING AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 7784, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. PAGE 4 A M } ORDER NO. 987515-14 16. EASEMENTS FOR DRAINAGE, ACCESS AND INCIDENTAL PURPOSES, INCLUDING, BUT NOT LIMITED TO, A 24 FOOT WIDE ACCESS EASEMENT IN FAVOR OF THE CITY OF CARLSBAD AND THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT AND AN EASEMENT TO MAINTAIN DRAINAGE FACILITIES, ALL AS DELINEATED AND DESIGNATED ON MAP NO. 7784. 17. AN EASEMENT FOR SEWER AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 7784, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. 18. AN EASEMENT FOR A LINE OR LINES OF POLES OR CABLES OR CONDUITS (EARTH STATION, HEAD-END, ETC.), TOGETHER WITH ANTENNAE, CONDUCTORS, WIRES, VAULTS, MANHOLES, GUYS, ANCHORS AND APPURTENANT STRUCTURES AND EQUIPMENT, BOTH OVERHEAD AND UNDERGROUND AND INCLUDING ABOVE GROUND ENCLOSURES, MARKERS, CONCRETE PADS AND OTHER APPURTENANT FIXTURES AND EQUIPMENT NECESSARY OR USEFUL FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICAL ENERGY AND COMMUNICATION (RADIO AND TELEVISION) SIGNALS AND INCIDENTAL PURPOSES IN FAVOR OF LA COSTA COMMUNITY ANTENNA SYSTEMS, INC., A CALIFORNIA CORPORATION, RECORDED AUGUST 17, 1982 AS FILE NO. 82-254572 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 19. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS AND CHARGES BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN AS CONTAINED IN THE DECLARATION OF RESTRICTIONS RECORDED FEBRUARY 28, 1983 AS FILE NO. 83-063010 OF OFFICIAL RECORDS. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. 20. THE EFFECT OF AN UNRECORDED LICENSE AGREEMENT DATED NOVEMBER 16 1 1988, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: BCE DEVELOPMENT PROPERTIES INC., A COLORADO CORPORATION AND RANCHO REAL, INC., A CALIFORNIA CORPORATION. PAGE 5 A M £ R / . S ORDER NO. 987515-14 21. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $150,000,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED NOVEMBER 17, 1988 AS FILE NO. 88-592631 OF OFFICIAL RECORDS. DATED: NOVEMBER 5, 1988 TRUSTOR: FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY BENEFICIARY: CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, A NATIONAL BANKING ASSOCIATION AFFECTS THE PROPERTY IN QUESTION WITH OTHER PROPERTY. 22. THE TERMS, COVENANTS, AND PROVISIONS OF THE PARTNERSHIP REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS. 1988-1989 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09061 216-130-61 $57,937.56 PAID $57,937.56 OPEN $11,077,610.00 PAGE 6 ORDER NO. 987515-14 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL L: PARCEL 2 OF PARCEL MAP NO. 11722, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 10, 1981 AS FILE NO. 81-322184 OF OFFICIAL RECORDS. EXCEPTING THEREFROM, ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, PETROLEUM, PETROLEUM RIGHTS, OTHER HYDROCARBON SUBSTANCES, GEOTHERMAL STEAM, ALL UNDERGROUND WATER, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, IN OR UNDER OR WHICH MAY BE PRODUCED FROM THE PROPERTY WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE PROPERTY TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY, OIL, WATER OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS, AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY, AS RESERVED DAON CORPORATION, A CORPORATION IN DEED RECORDED FEBRUARY 28, 1983 AS FILE NO. 83-063012 -OF OFFICIAL RECORDS. q. PAGE 7 ORDER NO. 986023-11 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, (P.O. BOX 808) 'SAN DIEGO, CALIFORNIA 92101 (619) 238-1776 DECEMBER 16, 1991 THE FIELDSTONE COMPANY 5465 MOREHOUSE DRIVE, SUITE 250 SAN DIEGO, CALIFORNIA ATTN: BRIAN MILICH YOUR REF: SOUTHEAST II OUR ORDER NO. 986023-11 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE. AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF DECEMBER 11 1991 AT 7:30 A.M. ROY P,OVCE/bjw - TITLE OFFICER DIRECT DIAL PHONE 231- 4652 'c PAGE 1 £ ./•,• . ORDER NO. 986023-11 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: SUBDIVISION MAP GUARANTEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP THE ESTATE -OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: -1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1991-92, FIRST INSTALLMENT, DELINQUENT, IF NOT PAID. 2. SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA REVENUE AND TAXATION CODE. PARCEL NO. 807-100-10-65 ORIGINAL 1ST INSTALLMENT ORIGINAL 2ND INSTALLMENT DELINQUENCY CHARGES PARCEL NO. 817-100-10-66 ORIGINAL 1ST INSTALLMENT ORIGINAL 2ND INSTALLMENT DELINQUENCY CHARGES PARCEL NO. 897-100-10-64 ORIGINAL 1ST INSTALLMENT ORIGINAL 2ND INSTALLMENT DELINQUENCY CHARGES $563.74 OPEN (DELINQUENT) $563.74 OPEN $56.37 1ST PENALTY $66.37 2ND PENALTY $573.53 OPEN (DELINQUENT) $573.53 OPEN $57.35 1ST PENALTY $67.35 2ND PENALTY $566.79 OPEN (DELINQUENT) $566.79 OPEN $56.68 1ST PENALTY $66.68 2ND PENALTY NOTE: NO DETERMINATION IS MADE AS TO THE ASSESSED TAX YEAR. PAGE 2 ORDER NO. 986023-14.1 -3. THE FOLLOWING BONDS ISSUED UNDER THE 1915 ACT FOR WATER LINES, ASSESSMENT NOS. 38, 40, 41, 43, 65, 66, 67, 68, 77, 78, 79, 80, 81, 85, 100, 170, 260 AND 262, DISTRICT 76-3, WHICH IS CURRENTLY OR WILL BE COLLECTED ON THE TAX ROLL. REPORT TO FOLLOW. 4. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. -5. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. AN EASEMENT FOR POLE LINES AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED JULY 18, 1917 IN BOOK 722, PAGE 481 OF DEEDS, DESCRIBED AS FOLLOWS: A STRIP OF LAND 10.00 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS NORTH 00 0 30' WEST DISTANT 712.1 FEET FROM THE CORNER OF SECTIONS 19, 20, 29 AND 30, TOWNSHIP 12 SOUTH, RANGE 3 WEST; THENCE SOUTH 34 0 07' WEST 1389.1 FEET. ALSO ASTRIP OF LAND 2.00 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE ENDING OF THE LAST ABOVE DESCRIBED STRIP OF LAND; THENCE SOUTH 34 0 07' WEST 998 FEET; THENCE SOUTH 00 0 18' EAST 3325 FEET, BEING IN SECTIONS 19, 29 AND 30, TOWNSHIP 12 SOUTH, RANGE 3 WEST. SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY." REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NO. 223-010-04. PAGE 3 M E ORDER NO. 986023-Li 7. AN EASEMENT FOR POLE LINES AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED FEBRUARY 16, 1920 IN BOOK 798, PAGE 246 OF DEEDS, DESCRIBED AS FOLLOWS: THE NORTHERLY 4 FEET OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN. ALSO A STRIP OF LAND 2 FEET IN WIDTH IN SECTIONS 19 AND 30, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, LYING 1 FOOT ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 19; THENCE NORTH 88°08' EAST, 3,150 FEET; THENCE NORTH 87 0 31' EAST, 1,939 FEET; THENCE NORTH 27 0 44' EAST, 1,484 FEET. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NOS. 223-050-54 AND 65. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NO. 454 ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED JANUARY 21, 1930 IN BOOK 1737, PAGE 4 OF DEEDS. AFFECTS ASSESSOR'S PARCEL NOS. 223-011-02, 03; 223-032-01, 02; AND 223-050-54, 65, 63 AND 64. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED MARCH 23, 1954 IN BOOK 5179, PAGE 433 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THE SOUTHWESTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 50 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES AND THE NORTHEASTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 150 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE EASTERLY LINE OF SECTION 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, DISTANT THEREON 1798.20 FEET SOUTHERLY FROM THE NORTHEAST CORNER OF SAID SECTION 31; THENCE NORTH 64 0 43 1 43" WEST A DISTANCE OF 8011.91 FEET; THENCE NORTH 61 0 07 1 53" WEST, A DISTANCE OF 1345.30 FEET TO A POINT ON THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND PAGE 4 ORDER NO 986023-11 - MERIDIAN, DISTANT THEREON 337.63 FEET SOUTHERLY FROM THE CENTER OF SAID SECTION 25. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NOS. 223-050-54 AND 65. 10, AN EASEMENT FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND FOR ALL OTHER PURPOSES CONNECTED THEREWITH, A LINE OR INDEPENDENT LINES OF POLES OR STEEL TOWERS OR POLES, AND WIRES OR CABLES SUSPENDED THEREON AND SUPPORTED THEREBY, INCLUDING WIRES FOR TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES AND ALL OTHER APPLIANCES AND FIXTURES FOR USE IN CONNECTION THEREWITH AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED APRIL 19, 1954 IN BOOK 5208, PAGE 399 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THE SOUTHWESTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 50 FEET SOUTHWESTERLY MEASURED AT RIGHT ANGLES AND THE NORTHEASTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 150 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, DISTANT THEREON 2244.95 FEET EASTERLY FROM THE SOUTHWEST CORNER OF SAID SECTION 33, SAID POINT BEING ALSO A POINT ON THE NORTHERLY LINE OF SECTION 4, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, DISTANT THEREON 1059.64 FEET EASTERLY FROM THE NORTHWEST CORNER OF SAID SECTION 4; THENCE NORTH 64 0 43 1 43" WEST, A DISTANCE OF 8323.47 FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION 31, DISTANT THEREON 1798.20 FEET SOUTHERLY FROM THE NORTHEAST CORNER OF SAID SECTION 31; THENCE CONTINUING NORTH 64°43'43" WEST, A DISTANCE OF 8011.91 FEET; THENCE NORTH 61 0 07 1 53" WEST, A DISTANCE OF 1345.30 FEET TO A POINT ON THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, DISTANT THEREON 337.63 FEET SOUTHERLY FROM THE CENTER OF SAID SECTION 25. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NOS. 223-071-09 AND 223-050-64 AND 65. AN EASEMENT FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND FOR ALL OTHER PURPOSES CONNECTED THEREWITH, A LINE OR INDEPENDENT LINES OF POLES OR STEEL TOWERS OR POLES, AND WIRES OR CABLES SUSPENDED THEREON AND SUPPORTED THEREBY, INCLUDING WIRES FOR TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES AND ALL OTHER APPLIANCES AND FIXTURES FOR USE IN CONNECTION THEREWITH AND \ -C PAGE 5 I ... 1) ORDER NO. 986023-11 INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENTS RECORDED APRIL 19, 1954 IN BOOK 5208, PAGE 403 AND FEBRUARY 5, 1954 IN BOOK 5132, PAGE 342, BOTH OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. /2. &•,5 / AFFECTS ASSESSOR'S PARCEL NOS. 223-071-07 AND 223-050-63, 64 AND 223-060-49. AN EASEMENT FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND A LINE OR INDEPENDENT LINES OF POLES OR STEEL TOWERS OR POLES, AND WIRES OR CABLES, SUSPENDED THEREON AND SUPPORTED THEREBY, INCLUDING WIRES FOR TELEPHONE SIGNAL AND COMMUNICATION PURPOSES AND ALL OTHER APPLIANCES AND FIXTURES FOR THE USE IN CONNECTION THEREWITH, ALSO INCLUDING GUYS, ANCHORAGE, CROSSARMS AND BRACES, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FROM SAID RIGHT OF WAY BY A PRACTICAL ROUTE OR ROUTES, TOGETHER WITH THE RIGHT TO CLEAR AND KEEP CLEAR SAID RIGHT OF WAY FROM EXPLOSIVES, BUILDINGS, STRUCTURES, TREES, BRUSH AND INFLAMMABLE MATERIALS FOR THE PROTECTION FROM FIRE AND OTHER HAZARDS AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED APRIL 22, 1954 IN BOOK 5212, PAGE 492 AND MAY 12, 1954 IN BOOK 5235, PAGE 130, BOTH OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NOS. 223-050-54 AND 65. AN EASEMENT FOR ROAD, SEWER, WATER, GAS, POWER AND TELEPHONE LINES, APPURTENANCES THERETO AND INCIDENTAL PURPOSES IN FAVOR OF SAN MARCOS COUNTY WATER DISTRICT, RECORDED JULY 16, 1958 IN BOOK 7167, PAGE 446 OF OFFICIAL RECORDS, AS SHOWN ON PARCEL MAP NO. 10179. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NOS. 223-021-10, 16 AND 17. 14. AN EASEMENT FOR POLE LINES, AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED SEPTEMBER 18, 1958 IN BOOK 7261, PAGE 25 OF OFFICIAL RECORDS, AS SHOWN ON PARCEL MAP NO. 10179. SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY." PAGE 6 I C' '1 ' ORDER NO. 986023-11 REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NOS. 223-021-15, 16 AND 17. /15. AN EASEMENT FOR POLE LINES AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED OCTOBER 20, 1958 IN BOOK 7307, PAGE 304 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THE NORTHERLY LINE OF SAID RIGHT OF WAY SHALL BE THE NORTHERLY BOUNDARY LINE OF SAID SECTION 31, THE SOUTHERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 50 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON A LINE COMMON TO SAID SECTIONS 31 AND 32 DISTANT THEREON SOUTHERLY 100 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 31; THENCE FROM SAID POINT OF BEGINNING SOUTH 89 0 09 1 37" WEST, A DISTANCE OF 3117.73 FEET MORE OR LESS ALONG A LINE WHICH IS PARALLEL WITH AND 100 FEET SOUTHERLY FROM THE NORTHERLY LINE OF SAID SECTION 31 TO THE NORTHEASTERLY LINE OF A 200.00 FOOT RIGHT OF WAY AS GRANTED TO SAN DIEGO GAS AND ELECTRIC COMPANY BY DEED RECORDED APRIL 19, 1954 IN BOOK 52081 PAGE 399 OF OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO. THE SIDELINES OF THE ABOVE DESCRIBED RIGHT OF WAY SHALL BE LENGTHENED AND/OR SHORTENED SO AS TO TERMINATE SAID LINES IN THE NORTHEASTERLY LINE OF THE ABOVE DESCRIBED 200 FOOT RIGHT OF WAY. ALSO THE NORTHERLY 150.0 FEET OF SAID NORTHWEST QUARTER OF SECTION 32. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NOS. 223-050-54 AND 65. /16. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NOS. 441 AND 454 ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED APRIL 7, 1966 AS FILE NO. 58549 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. AFFECTS ASSESSOR'S PARCEL NOS. 223-021-10 AND 16. PAGE 7 • ç A 1 L - I C .c\ •-r\ -'1- --2 ORDER NO. 986023-11 -'i7. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID RIGHT OF WAY AS GRANTED IN DEEDS RECORDED FEBRUARY 16, 1967 AS FILE NO. 21426 OF OFFICIAL RECORDS. /18. AN EASEMENT FOR A PIPELINE OR PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF OLIVENHAIN MUNICIPAL WATER DISTRICT, RECORDED OCTOBER 27, 1971 AS FILE NO. 247284 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NOS. 223-071-07, 223-050-64 AND / 223-060-49. AN EASEMENT FOR PUBLIC STREET AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED APRIL 25, 1974 AS FILE NO. 74-105621 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: ALL THAT PORTION OF THE EAST ONE HALF OF SECTION 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 31; THENCE NORTH 89 0 43 1 11" EAST ALONG THE NORTH LINE OF SAID SECTION 31, A DISTANCE OF 1993.40 FEET TO AN INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF THAT CERTAIN 200.00 FOOT PARCEL OF LAND DEEDED TO THE SAN DIEGO GAS AND ELECTRIC COMPANY, BY DEED RECORDED APRIL 19, 1954 IN BOOK 5208, PAGE 399 OF OFFICIAL RECORDS; THENCE SOUTH 64 0 13 1 23" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 3290.99 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING NORTH 64 0 13 1 23" WEST 71.29 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE NORTH 31 0 00 1 00" EAST, A DISTANCE OF 9.32 FEET TO THE BEGINNING OF A TANGENT 1051.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 0 35'23", A DISTANCE OF 194.25 FEET; THENCE NORTH 41 0 35'23" EAST, A DISTANCE OF 106.22 FEET TO THE BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24 0 45 1 07 1 , A DISTANCE OF 259.20 FEET TO A POINT OF CUSP WITH THE WESTERLY RIGHT OF WAY LINE OF ROAD SURVEY NO. 454, KNOWN AS RANCHO SANTA FE ROAD, FILED IN THE OFFICE OF THE COUNTY ENGINEER OF SAID SAN DIEGO COUNTY; THENCE SOUTH 16 0 50'16" WEST ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 74.40 FEET TO THE BEGINNING OF A TANGENT 1030.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15 0 34 1 59" A DISTANCE OF 280.14 FEET TO A POINT OF CUSP WITH A 31.00 FOOT RADIUS CURVE, PAGE 8 AMLR1 . . ORDER NO. 986023-11 '•\' CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 88 0 44'43" EAST; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE AND NORTHWESTERLY ALONG THE ARC OF SAID 31.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 137 °35'17", A DISTANCE OF 74.44 FEET TO A POINT OF COMPOUND CURVATURE WITH A 980.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 46 0 20'00" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID 980.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 12 0 40 1 00 11 1 A DISTANCE OF 216.65 FEET; THENCE TANGENT TO SAID CURVE SOUTH 31°00 1 00" WEST, A DISTANCE OF 2.83 FEET TO THE TRUE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NO. 223-050-65. 20. AN EASEMENT FOR A DRAINAGE CHANNEL AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1, RECORDED MAY 15, 1974 AS FILE NO. 74-126972 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THOSE PORTION OF SECTION 31, TOWNSHIP 21 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: PARCEL 74-0548 A COMMENCING AT THE NORTHEAST CORNER OF LOT 290 OF LA COSTA VALE UNIT NO. 2, ACCORDING TO MAP THEREOF NO. 7779, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID NORTHEAST CORNER BEING ON THE ARC OF A 780.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 59°29 1 38" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 08 0 59'38 11 1 A DISTANCE OF 122.44 FEET; THENCE NORTH 39 0 30 1 00" EAST, A DISTANCE OF 153.51 FEET TO THE BEGINNING OF A TANGENT 455.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 68 0 24 1 44 11 , A DISTANCE OF 543.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE ARC OF SAID 455.00 FOOT RADIUS CURVE, ALONG A NON-TANGENT LINE, NORTH 18°32 1 31" EAST, A DISTANCE OF 12.14 FEET; THENCE SOUTH 73 0 00 1 00" EAST, A DISTANCE OF 214.15 FEET; THENCE NORTH 5000000 EAST, A DISTANCE OF 127.28 FEET; THENCE NORTH 40 0 00 1 00" WEST, A DISTANCE OF 30 FEET; THENCE NORTH 50 0 00 1 00" EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 40°00 1 00" EAST, A DISTANCE OF 40.00 FEET; THENCE SOUTH 50 0 00 1 00 1, WEST, A DISTANCE OF 162.71 FEET; THENCE NORTH 73 0 00'00" WEST, A DISTANCE OF 209.85 FEET; THENCE SOUTH 18 0 23 1 31" WEST, A DISTANCE OF 2.41 FEET TO A POINT IN THE ARC OF THE ABOVE MENTIONED 455.00 FOOT RADIUS CURVE, A RADIAL LINE TO SAID POINT BEARS NORTH PAGE 9 •c -::t\ -- -1- -: ORDER NO. 986023—Li 19°10'18" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01 0 15'34 11 , A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 74-0548 B A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE MOST EASTERLY CORNER OF LA COSTA VALE UNIT NO. 1, ACCORDING TO MAP THEREOF NO. 7457, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID CORNER BEING A POINT IN THE WESTERLY RIGHT—OF—WAY LINE OF ROAD SURVEY NO. 454, KNOWN AS RANCHO SANTA FE ROAD, A PLAT OF WHICH IS FILED IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY AND A POINT IN THE ARC OF A 1,230.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY AS SHOWN ON SAID MAP NO. 7457, A RADIAL LINE TO SAID POINT BEARS NORTH 51 0 54 1 08" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY RIGHT—OF—WAY LINE, THROUGH A CENTRAL ANGLE OF 14 0 34'46 11 , A DISTANCE OF 312.99 FEET; THENCE LEAVING SAID CURVE AND SAID WESTERLY RIGHT—OF—WAY LINE NORTH 38 0 50'03" EAST, ALONG A NON—TANGENT LINE, A DISTANCE OF 31.80 FEET TO THE BEGINNING OF A TANGENT 1,480.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 07 0 19'57 1', A DISTANCE OF 189.40 FEET; THENCE NORTH 4610 1 00" EAST, A DISTANCE OF 567.01 FEET TO A POINT HEREIN DESIGNATED AS POINT "A", SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 43 0 50 1 00" EAST, A DISTANCE OF 30.00 FEET TO A POINT OF TERMINUS. PARCEL 74-0548 C COMMENCING AT A POINT DESIGNATED AS POINT "N" IN SAID PARCEL 74- 0548 B; THENCE NORTH 46 0 10 1 00" EAST, A DISTANCE OF 956.29 FEET TO THE BEGINNING OF A TANGENT 1,520.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00 0 14 1 35 11 , A DISTANCE OF 6.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHEASTERLY ALONG THE ARC OF SAID 1,520.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 13°11'35", A DISTANCE OF 350.00 FEET TO A POINT OF THE ARC OF SAID CURVE; THENCE LEAVING SAID CURVE NORTH 57 0 16 1 10" EAST, ALONG THE PROLONGATION OF A RADIAL LINE TO SAID POINT, A DISTANCE OF 31.00 FEET TO A POINT IN THE ARC OF A CONCENTRIC 1,551.00 FOOT RADIUS CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID 1,551.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 13°11'35", A DISTANCE OF 357.14 FEET TO A POINT ON THE ARC OF SAID CURVE; THENCE LEAVING SAID CURVE NORTH 44 0 04 1 35" WEST, ALONG A RADIAL LINE TO SAID POINT, A DISTANCE OF 31.00 FEET TO THE TRUE POINT OF BEGINNING. PAGE 10 . . • ORDER NO. 986023-11 REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NO. 223-050-63. AN EASEMENT FOR AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL AND ALL STRUCTURES INCIDENTAL THERETO, AND FOR THE FLOWAGE OF ANY WATERS AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1, RECORDED JANUARY 13, 1977 AS FILE NO. 77-014212 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NOS. 223-050-63 AND 54. /'22. AN EASEMENT FOR FLOOD DRAINAGE CHANNEL AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1, RECORDED JANUARY 13, 1977 AS FILE NO. 77-014213 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PARCEL NO. 77-0008-A: RIA THOSE PORTIONS OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER oF SECTION 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO \)4#' X BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,SAID PORTIONS BEING PART OF THAT LAND ( DESCRIBED IN DEED TO LA COSTA LAND COMPANY, RECORDED ON JULY 31, Z1974 AS FILE NO. 74-206023 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTIONS BEING DESCRIBED / IN THE FOLLOWING PARCELS: tL / PARCEL 1: A STRIP OF LAND 10.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE NORTHWEST CORNER OF LOT 504 AS SHOWN ON MAP OF CARLSBAD TRACT NO. 72-20, UNIT NO. 3, MAP NO. 7950, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 504 SOUTH 43°30 1 00" WEST, 212.50 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTER LINE; THENCE LEAVING SAID NORTHWESTERLY LINE ALONG THE HEREIN DESCRIBED CENTER LINE SOUTH 80 0 27 1 00" WEST, 118.59 FEET; THENCE NORTH 45 0 00 1 00" WEST, 5.00 FEET TO A POINT HEREIN DESIGNATED AND HEREAFTER REFERRED TO AS POINT "A"; SAID POINT BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTER LINE. PAGE 11 •" :-:\ -- ORDER NO. 986023-11 THE SIDELINES OF SAID STRIP TO BEGIN IN THE NORTHWESTERLY LINE OF SAID LOT 504 AND TERMINATE IN A LINE THAT BEARS NORTH 45 0 00'OO" EAST, THROUGH THE POINT OF TERMINUS. PARCEL 2: A STRIP OF LAND 50.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP LYING 25.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE AFOREMENTIONED POINT "A"; THENCE NORTH 45 0 00 1 00" WEST, 50.00 FEET TO A POINT OF TERMINUS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NO. 223-050-54. 23. A 60 FOOT STRIP OF LAND "RESERVED FOR FUTURE. STREET" AS SHOWN ON PARCEL MAP NO. 10179. Lr. AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES IN FAVOR OF AETNA CAPITAL COMPANY, A CALIFORNIA CORPORATION, RECORDED JULY 11, 1980 AS FILE NO. 80-217365 OF OFFICIAL RECORDS, LOCATED WITHIN THAT PORTION OF THE NORTHWESTERLY 30 FEET OF PARCEL 4 OF SAID PARCEL MAP NO. 10179 SHOWN AS 11 60 FOOT RESERVED FOR FUTURE STREET" WHICH LIES SOUTHEASTERLY OF AND IMMEDIATELY ADJACENT TO THE SOUTHEAST LINE OF PARCEL 2 OF SAID PARCEL MAP NO. 10179. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NOS. 223-021-16 AND 17. AN EASEMENT FOR ROAD, DRAINAGE, WATER LINE, TEMPORARY WORKING STRIP AND INCIDENTAL PURPOSES IN FAVOR OF THE OLIVENHAIN MUNICIPAL WATER DISTRICT, A PUBLIC CORPORATION, RECORDED JULY 25, 1980 AS FILE NO. 80-233966 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NO. 223-071-09. AN EASEMENT FOR ACCESS, ROAD, EMBANKMENT SLOPES, DRAINAGE AND INCIDENTAL PURPOSES IN FAVOR OF THE OLIVENHAIN MUNICIPAL WATER DISTRICT, A PUBLIC CORPORATION, RECORDED JULY 25, 1980 AS FILE NO. 80-233967 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NOS. 223-071-09, 223-050-65. PAGE 12 iq ORDER NO. 986023-11 -27. AN EASEMENT FOR PIPELINES, TEMPORARY WORK STRIPS AND INCIDENTAL PURPOSES IN FAVOR OF OLIVENHAIN MUNICIPAL WATER DISTRICT, RECORDED JULY 25, 1980 AS FILE NO. 80-233968 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NOS. 223-071-09 AND 223-050-65, 64 AND 63. 28. AN EASEMENT FOR INGRESS, EGRESS, PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF SAN MARCOS COUNTY WATER DISTRICT, RECORDED SEPTEMBER 23, 1980 AS FILE NO. 80-308501 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NOS. 223-020-10, 11 AND 223-071-09 AND 223-050-65. 29. AN EASEMENT FOR PIPELINE OR PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF SAN MARCOS COUNTY WATER DISTRICT, RECORDED SEPTEMBER 23, 1980 AS FILE NO. 80-308502 OF OFFICIAL RECORDS, LOCATED WITHIN THE WEST HALF OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN. / AFFECTS ASSESSOR'S PARCEL NOS. 223-011-02, 223-032-01 AND 02. 30. AN EASEMENT FOR FLOOD DRAINAGE CHANNEL AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1, RECORDED OCTOBER 22, 1980 AS FILE NO. 80-350521 OF OFFICIAL RECORDS, LOCATED WITHIN PORTIONS OF LOTS 4, 5, 8, AND 9 OF THE RANCHO LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, TOGETHER WITH THAT PORTION OF FRACTIONAL SECTION 6, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN SAID COUNTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NOS. 223-060-49 AND 15. 31. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO COUNTY DRAINAGE MAINTENANCE DISTRICT, RECORDED APRIL 16, 1981 AS FILE NO. 81-117297 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NO. 223-021-16. PAGE 13 A \l 1-. \ .•- -- . ORDER NO. 986023-11 /32. AN EASEMENT FOR STREET, HIGHWAY AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED APRIL 24, 1981 AS FILE NO. 81-126307 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 10179; THENCE SOUTH 54 0 34 1 16" WEST, 139.95 FEET; THENCE SOUTH 35 0 25'44" EAST, 30.00 FEET' TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE BEGINNING OF A NON-TANGENT 470.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 35 0 25'44" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46 0 02 1 33 11 , A DISTANCE OF 377.69 FEET; THENCE TANGENT TO SAID CURVE SOUTH 8°31'43" WEST, 200.63 FEET TO THE BEGINNING OF A TANGENT 530.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 55 0 32'40 11 , A DISTANCE OF 513.80 FEET TO A POINT, A RADIAL LINE TO SAID POINT BEARS SOUTH 25 0 55'37" EAST; THENCE LEAVING SAID CURVE AND ALONG SAID RADIAL LINE NORTH 25°55 1 37" WEST, 60.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT 470.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 25 0 55'37" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 55 0 32 1 40 11 , A DISTANCE OF 455.63 FEET; THENCE TANGENT TO SAID CURVE NORTH 8 0 31 1 43" EAST, 200.63 FEET TO THE BEGINNING OF A TANGENT 530.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46 0 02 1 33 11 , A DISTANCE OF 425.90 FEET; THENCE TANGENT TO SAID CURVE NORTH 54 0 34 1 16" EAST, 51.95 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 0 00 1 00 11 f A DISTANCE OF 39.27 FEET TO A POINT OF CUSP, A RADIAL LINE TO SAID POINT BEARS NORTH 54 0 34'16" EAST; THENCE LEAVING SAID CURVE SOUTH 35°25 1 44" EAST, 110.00 FEET TO A POINT OF CUSP WITH A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 54°34 1 16" EAST; THENCE NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 0 00'00", A DISTANCE OF 39.27 FEET; THENCE TANGENT TO SAID CURVE SOUTH 54 0 34 1 16" WEST, 51.95 FEET TO THE TRUE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NOS. 223-021-16 AND 17. 33. THE FACT THAT SAID LAND LIES WITHIN ASSESSMENT DISTRICT NO. 76-3, AS DISCLOSED BY INSTRUMENTS RECORDED JULY 21, 1981 AS FILE NO. 81-229781; AUGUST 10, 1982 AS FILE NO. 82-245009; AUGUST 10, 1983 AS FILE NO. 83-279397; AUGUST 17, 1984 AS FILE NO. 84-314851; AUGUST 13, 1985 AS FILE NO. 85-291413, AUGUST 7, 1986 AS FILE NO. 86-335851 AND AUGUST 12, 1987 AS FILE NO. 87-455212 AND DECEMBER 9, 1988 AS FILE NO. 88-634456, ALL OF OFFICIAL RECORDS. PAGE 14 ORDER NO. 986023-11 '34. AN EASEMENT FOR WATER LINES, INGRESS AND EGRESS, ROAD AND INCIDENTAL PURPOSES IN FAVOR OF SAN MARCQS COUNTY WATER DISTRICT, RECORDED AUGUST 20, 1981 AS FILE NO. 81-266030 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NOS. 223-020-10, 11 AND 223-071-09 AND 223-050-65. -35. AN AGREEMENT REGARDING PAYMENT OF PUBLIC FACILITIES FEE, DATED NOVEMBER 23, 1981, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: DAON CORPORATION, A CORPORATION AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: DECEMBER 9, 1981 AS FILE NO. 81-385900 OF OFFICIAL RECORDS. 5 -"36. AN AGREEMENT REGARDING JOINT USE OF AN EASEMENT, DATED MARCH 22, 1982, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION AND OLIVENHAIN MUNICIPAL WATER DISTRICT, A PUBLIC CORPORATION. RECORDED: APRIL 21, 1982 AS FILE NO. 82-112216 OF OFFICIAL RECORDS. ' 3/8 . AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE, DATED JULY 15, 1982, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: DAON CORPORATION, A CORPORATION AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: JANUARY 3, 1983 AS FILE NO. 83-000724 OF OFFICIAL RECORDS. AN EASEMENT FOR PIPELINE OR PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF OLIVENHAIN MUNICIPAL WATER DISTRICT, RECORDED MARCH 14, 1984 AS FILE NO. 84-091367 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PAGE 15 .; N! ; I -Th ORDER NO. 986023-11 ALL THOSE PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, AND OF LOT 5 OF RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, ALL IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, INCLUDED WITHIN A STRIP OF LAND 42.00 FEET OF EVEN WIDTH, THE NORTHWESTERLY LINE OF SAID 42.00 FOOT WIDE STRIP OF LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY TERMINUS OF THE CENTER LINE OF LA COSTA AVENUE, AS SHOWN ON THE MAP OF CARLSBAD TRACT NO. 75-9(B), UNIT NO. 1, MAP NO. 9958, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 31, 1980, BEING THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE IN SAID CENTER LINE, WHICH IS DELINEATED ON SAID MAP AS "NORTH 55°00 1 00" EAST 267.00 FEET"; THENCE ALONG THE NORTHEASTERLY PROLONGATION OF SAID COURSE, NORTH 55 0 00 1 00" EAST 141.20 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 26 0 38 1 33" A DISTANCE OF 465.00 FEET; THENCE TANGENT TO SAID CURVE, NORTH 28°21'27" EAST 1328 FEET, MORE OR LESS, TO THE SOUTHWESTERLY LINE OF THAT CERTAIN 30.00 FOOT WIDE STRIP OF LAND DESCRIBED IN DEED TO THE OLIVENHAIN MUNICIPAL WATER DISTRICT, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 27, 1971 AS FILE NO. 247284 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NOS. 223-050-64 AND 223-060-49. /39. AN AGREEMENT REGARDING HOLD HARMLESS/ DRAINAGE, DATED JUNE 12, 1985, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: DAON CORPORATION, A CORPORATION AND THE CITY OF CARLSBAD. RECORDED: JULY 31, 1985 AS FILE NO. 85-274346 OF OFFICIAL /40. RECORDS. AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED NOVEMBER 1, 1985 AS FILE NO. 85-411416 OF OFFICIAL RECORDS, LOCATED WITHIN MISSION ESTANCIA. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS ASSESSOR'S PARCEL NO. 223-060-49. PAGE 16 S . ORDER NO. 986023-11 -••--- '41. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $150,000,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED NOVEMBER 17, 1988 AS FILE NO. 88-592631 OF OFFICIAL RECORDS. DATED: NOVEMBER 5, 1988 TRUSTOR: FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY BENEFICIARY: CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, A NATIONAL BANKING ASSOCIATION AFFECTS THE PROPERTY HEREIN DESCRIBED WITH OTHER PROPERTY. /42. AN EASEMENT FOR PUBLIC ROAD, SLOPE AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION , RECORDED OCTOBER 20, 1989 AS FILE NO. 89-571684 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: A PORTION OF THE LAND CONVEYED TO FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP AS PARCEL BB BY THE GRANT DEED RECORDED NOVEMBER 17, 1988 AS FILE NO. 88-592630 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, SAID LAND BEING A PORTION OF THE NORTH HALF OF SECTION 31, IN TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN SAID COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A: THAT LAND LYING NORTHWESTERLY OF THE RIGHT OF WAY OF RANCHO SANTA FE ROAD AS SHOWN ON THE ROAD SURVEY NO. 454, AND DESCRIBED IN THE DEED RECORDED AS FILE NO. 74-105621 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER AND SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE NORTHEAST LINE OF CARLSBAD TRACT NO. 76-3 (LA COSTA VALE UNIT NO. 4), RECORDED MAY 25, 1977 AS MAP NO. 8583, IN THE OFFICE OF SAID COUNTY RECORDER AND A LINE 5.00 FEET NORTHWESTERLY FROM AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID RANCHO SANTA FE ROAD AS SHOWN ON SAID TRACT; THENCE NORTH 31 0 00'00" EAST, 302.32 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2,365.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 07 0 39 1 52", AN ARC DISTANCE OF 316.37 FEET; THENCE NORTH 23 0 20'08" EAST, 327.21 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2,435.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 08°38 1 07 11 , AN ARC DISTANCE OF 366.99 FEET TO A POINT HEREINAFTER CALLED "POINT A"; THENCE NORTH 31 0 58'l5" EAST, 125.29 FEET TO THE TERMINUS OF THIS LINE DESCRIPTION. PAGE 17 A C l .. . ORDER NO. 986023-11 SAID LAND TERMINATES SOUTHERLY AT THE NORTHERLY LINE OF AFOREMENTIONED MAP NO. 8543 AND NORTHERLY AT RIGHT ANGLES TO THE ABOVE DESCRIBED LINE. PARCEL B: THAT LAND LYING SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF THE RIGHT OF WAY OF RANCHO SANTA FE AVENUE ROAD AS SHOWN ON ROAD SURVEY NO. 454 AND NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT "POINT A", HEREINABOVE DESCRIBED IN PARCEL A; THENCE SOUTH 58 0 01'45" EAST, ALONG A RADIAL LINE 76.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2,359.00 FEET, SAID CURVE BEING CONCENTRIC WITH AND 76.00 SOUTHEASTERLY FROM THE CURVE HEREINABOVE DESCRIBED IN PARCEL A AS HAVING A RADIUS OF 2,435.00 FEET AND AN ARC DISTANCE OF 366.99 FEET; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04 0 58 1 45 11 , AN ARC DISTANCE OF 205.00 FEET; THENCE ALONG A RADIAL LINE SOUTH 63 0 00'30" EAST, 10.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 2,349.00 FEET, SAID CURVE IS CONCENTRIC WITH AND 86.00 FEET SOUTHEASTERLY FROM SAID 2,435.00 FOOT RADIUS CURVE; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03°39 1 22 11 , AN ARC DISTANCE OF 149.89 FEET TO A LINE PARALLEL WITH AND 86.00 FEET SOUTHEASTERLY FROM THE COURSE HEREINABOVE DESCRIBED IN PARCEL A AS NORTH 23 0 20 1 08" EAST, 327.21 FEET; THENCE SOUTH 23°20 1 08" WEST, ALONG SAID PARALLEL LINE 35.00 FEET TO THE TERMINUS OF THIS LINE DESCRIPTION. SAID LAND TERMINATES SOUTHERLY AND NORTHERLY AT RIGHT ANGLES TO THE ABOVE DESCRIBED LINE. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. / 43. NOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED DECEMBER 15, 1989 AS FILE NO. 89-680019 OF OFFICIAL RECORDS. /44. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 12607, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 145. AN EASEMENT FOR DRAINAGE DITCHES OR PIPELINES FOR ANY DRAINAGE PURPOSES, TOGETHER WITH THE RIGHT OF INGRESS THERETO, EGRESS THEREFROM AND INCIDENTAL PURPOSES IN FAVOR OF VALLECITOS WATER DISTRICT, RECORDED JUNE 6, 1990 AS FILE NO. 90-307680 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PAGE 18 . E ORDER NO. 986023-11 PARCEL NO. 1: BEING A PORTION OF THE NORTHWEST ONE QUARTER OF SECTION 32, TOWNSHIP 12 SOUTH, RANGE 3 WEST, (TOWNSHIP 12 SOUTH, RANGE 3 WEST), SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32, TOWNSHIP 12 SOUTH, RANGE 3 WEST; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SECTION 32 SOUTH 89°53 1 42" EAST, A DISTANCE OF 496.36 FEET; THENCE LEAVING SAID NORTH LINE OF SECTION 32, SOUTH 00°06 1 18" WEST, A DISTANCE OF 210.00 FEET TO THE NORTHERLY LINE OF THAT CERTAIN PROPERTY CONVEYED TO SAN MARCOS COUNTY WATER DISTRICT BY INSTRUMENT RECORDED AUGUST 20, 1981 AS FILE NO. 81-266030 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE EASTERLY ALONG SAID NORTHERLY LINE, SOUTH 89°53'42' EAST, A DISTANCE OF 237.57 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST WITH A RADIUS OF 470.00 FEET; THENCE CONTINUING EASTERLY AND SOUTHEASTERLY ALONG SAID NORTHERLY LINE AND/OR THE ARC OF SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 36°03 1 42", AN ARC LENGTH OF 295.82 FEET; THENCE CONTINUING SOUTHEASTERLY ALONG SAID NORTHERLY LINE, SOUTH 53°50'00" EAST, A DISTANCE OF 386.84 FEET TO AN ANGLE POINT THEREIN AND/OR THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY AND PARALLEL TO SAID NORTHERLY LINE, SOUTH 63°42 1 00" EAST, A DISTANCE OF 403.00 FEET TO AN ANGLE POINT THEREIN; THENCE EASTERLY, SOUTH 83 0 57 1 00" EAST, A DISTANCE OF 158.50 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING EASTERLY, NORTH 72 11 33'00" EAST, A DISTANCE OF 130.07 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH A DISTANCE OF 123.24 FEET TO THE NORTHEAST CORNER OF SAID PROPERTY CONVEYED TO SAN MARCOS COUNTY WATER DISTRICT; THENCE NORTHWESTERLY ALONG THE NORTHERLY LINE OF SAID SAN MARCOS COUNTY WATER DISTRICT PROPERTY, NORTH 76 0 40'00" WEST, A DISTANCE OF 288.30 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING NORTHWESTERLY ALONG SAID NORTHERLY LINE NORTH 63 0 42 1 00" WEST, A DISTANCE OF 424.18 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING NORTHWESTERLY ALONG SAID NORTHERLY LINE, NORTH 35 0 24'00" WEST, A DISTANCE OF 30.75 FEET TO AN ANGLE POINT THEREIN AND/OR THE TRUE POINT OF BEGINNING. PARCEL NO. 2: BEING A PORTION OF THE NORTHWEST ONE QUARTER OF SECTION 32, TOWNSHIP 12 SOUTH, RANGE 3 WEST (TOWNSHIP 12 SOUTH, RANGE 3 WEST), SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32, TOWNSHIP 12 SOUTH, RANGE 3 WEST; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SECTION 32, SOUTH 89°53 1 42" EAST, A DISTANCE OF 496.36 FEET; THENCE LEAVING SAID NORTH LINE OF SECTION 32, SOUTH 0°06 1 18" WEST, A DISTANCE OF 210.00 FEET TO THE WESTERLY LINE OF THAT CERTAIN PROPERTY CONVEYED TO SAN MARCOS COUNTY WATER DISTRICT BY INSTRUMENT RECORDED AUGUST 20, 1981 AS FILE NO. 81-266030 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE SOUTHERLY ALONG SAID WESTERLY LINE, SOUTH 20°05 1 30" WEST, A DISTANCE OF 530.37 PAGE 19 - I . ORDER NO. 986023-11 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING SOUTHERLY ALONG SAID WESTERLY LINE SOUTH 2 0 56 1 00" WEST, A DISTANCE OF 166.20 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTHEASTERLY ALONG SAID WESTERLY LINE, SOUTH 47°36 1 00" EAST, A DISTANCE OF 187.00 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PROPERTY CONVEYED TO SAN MARCOS COUNTY WATER DISTRICT; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, NORTH 87°08 1 00" EAST, A DISTANCE OF 618.80 FEET TO AN ANGLE POINT THEREIN AND/OR THE TRUE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ALONG SAID SOUTHERLY LINE, SOUTH 89 0 32 1 30" EAST, A DISTANCE OF 628.00 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING EASTERLY ALONG SAID SOUTHERLY LINE, NORTH 72 0 59 1 00" EAST, A DISTANCE OF 288.60 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH A DISTANCE OF 100.64 FEET ALONG THE SOUTHERLY PROLONGATION OF THE EAST LINE OF SAID PROPERTY CONVEYED TO SAN MARCOS COUNTY WATER DISTRICT, TO AN ANGLE POINT THEREIN; THENCE WESTERLY, SOUTH 86°42 1 30" WEST, A DISTANCE OF 275.63 FEET TO ANGLE THEREIN; THENCE CONTINUING WESTERLY AND PARALLEL TO SAID SOUTHERLY LINE OF THE PROPERTY CONVEYED TO SAN MARCOS COUNTY WATER DISTRICT, NORTH 89°32 1 30" WEST, A DISTANCE OF 629.05 FEET TO AN ANGLE POINT THEREIN; THENCE NORTHERLY, NORTH 0 0 27 1 30" WEST, A DISTANCE OF 32.00 FEET TO AN ANGLE POINT ON SAID SOUTHERLY LINE AND/OR THE TRUE POINT OF BEGINNING. CONTAINING 0.882 ACRES, MORE OR LESS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 46. AN AGREEMENT REGARDING ENCROACHMENT FOR USE WITH STRUCTURES BUILT WITHIN PUBLIC RIGHT OF WAY, DATED (NOT SHOWN), UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE CITY OF CARLSBAD AND FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP RECORDED: OCTOBER 16, 1990 AS FILE NO. 90-561683 OF OFFICIAL RECORDS. AFFECTS ASSESSOR PARCEL NOS. 223-050-49 AND 223-050-51. /47. NOTICE OF SPECIAL TAX LIEN FILED BY THE CITY OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1, RECORDED MAY 20, 1991 AS FILE NO. 91-0236959 OF OFFICIAL RECORDS. 1991-92 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09045 223-060-15 $21,605.41 OPEN $21,605.41 OPEN $2,504,396.00 $-o- $-o- PAGE 20 -ç AMj1 I 0 - / ORDER NO. 986023-11 1991-92 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09045 223-060-49 $7,771.18 OPEN $7,771.18 OPEN $1,403,061.00 $-o- $-o- 09041 223-071-05 $14,547.58 OPEN $14,547.58 OPEN $1,754,522.00 $-0- 09045 223-071-07 10,699.95 OPEN $10,699.95 OPEN $1,458,916.00 $-0- $.-0 - 09045 223-071-09 $24,729.92 OPEN $24,729.92 OPEN $3,361,662.00 0904 1 223-050-49 $417.16 OPEN $417.16 OPEN $64,489.00 $ -0- $-0- 0904 1 223-050-51 $166.34 OPEN $166.34 OPEN $24,875.00 $-o- $-o- PAGE 21 \ .\1P, j . ORDER NO. 986023-11 1991-92 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09045 223-050-52 $85.58 OPEN $85.58 OPEN $13,614.00 $-0 - 09041 223-050-53 $117.41 OPEN $117.41 OPEN $17,506.00 $-0- $-0- 09045 223-050-54 $17,720.16 OPEN $17,720.16 OPEN $1,595,821.00 $-0- 09041 223-050-59 $143.93 OPEN $143.93 OPEN $1,020.00 $-o- $-o- 090'45 223-050-65 $8,148.97 OPEN $8,148.97 OPEN $747,787.00 $-0 - $-0 - 09060 223-010-31 $73.28 OPEN $73.28 OPEN $11,610.00 $-0 - $-0 - PAGE 22 ORDER NO. 986023-11 1991-92 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09091 223-011-02 $23,120.18 OPEN $23,120.18 OPEN $1,607,139.00 $-o- $-o- 09080 223-011-03 $921.99 OPEN $921.99 OPEN $77,690.00 $-0 - 09083 223-032-01 $9,319.61 OPEN $9,319.61 OPEN $805,247.00 $-0 - 09081 223-032-02 $320.83 OPEN $320.83 OPEN $35,181.00 $-0 - 09083 223-010-12 $2,745.50 OPEN $2,745.50 OPEN $303,529.00 $-0- $-0- PAGE 23 A t : S . ORDER NO. 986023-11 1991-92 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.,: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.; 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09092 223-010-18 $29.02 OPEN $29.02 OPEN $491.00 $-o- $-o- 09084 223-010-19 $1,913.54 OPEN $1,913.54 OPEN $209,803.00 $-0 - $-0 - 09083 223-010-27 $15,941.05 OPEN $15,941.05 OPEN $1,560,600.00 $-0 - $-0 - 09055 223-010-28 $1,550.51 OPEN $1,550.51 OPEN $52,250.00 $-0 - 09083 223-010-29 $27,756.27 OPEN $27,756.27 OPEN $2,477,363.00 -0- -0- 09060 223-010-32 $1,151.87 OPEN $1,151.87 OPEN $209,421.00 -0- -0- PAGE 24 . ORDER NO. 986023-11 1991-92 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTLALMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND' INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09093 223-010-33 $1,238.45 OPEN $1,238.45 OPEN $202,756.00 -0- -0- 09093 223-010-34 $314.84 OPEN $314.83 OPEN $49,751.00 -0- -0- 09056 223-010-35 $12,265.62 OPEN $12,265.62 OPEN $1,396,475.00 -0- -0- 09083 223-010-37 $11,459.86 OPEN $11,459.86 OPEN $1,162,584.00 -0- -0- 09080 223-011-04 $17,705.77 OPEN $17,705.77 OPEN $1,182,887.00 -0- -0- 09048 223-011-05 $998.36 OPEN $998.36 OPEN $156,751.00 -0- -0- PAGE 25 . ORDER NO. 986023-11 1991-92 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.; 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09091 223-011-06 $9,221.07 OPEN $9,221.07 OPEN $710,719.00 -0- -0- 09076 223-021-08 $1,472.78 OPEN $1,472.78 OPEN $129,484.00 -0- -0- 09077 223-021-09 $10,020.07 OPEN $10,020.07 OPEN $959,716.00 -0- -0- 09076 223-021-10 $362.34 OPEN $362.34 OPEN $32,142.00 -0- -0- 09076 223-021-11 $2,674.80 OPEN $2,674.80 OPEN $210,261.00 -0-- -0- 09076 223-021-12 $5,499.90 OPEN $5,499.90 OPEN $544,600.00 -0- -0- PAGE 26 I . ORDER NO. 986023-11 1991-92 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09085 223-021-15 $985.36 OPEN $985.36 OPEN $191,015.00 -0- -0- 09076 223-021-16 $6,703.99 OPEN $6,703.99 OPEN $972,285.00 -0- -0- 09054 222-470-23 $3,636.79 OPEN $3,636.79 OPEN $258,942.00 -0- -0- PACE 27 NI •. • ORDER NO. 986023-11 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: LOT 5 AND THE WEST HALF OF LOT 6 AND LOT 8 OF RANCHO LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898. EXCEPTING THEREFROM 75-9(B) UNIT NO. 2, STATE OF CALIFORNIA, OFFICE OF THE COUNTY AND THAT PORTION LYI BOUNDARY THEREOF. THAT PORTION LYING WITHIN CARLSBAD TRACT NO. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ACCORDING TO MAP THEREOF NO. 9959 1 FILED IN THE RECORDER OF SAN DIEGO COUNTY, DECEMBER 31, 19,80 NG SOUTHERLY AND SOUTHWESTERLY OF THE SOUTHERLY ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL MAP NO. 13524, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 25, 1984 AS FILE NO. 84-403293 OF OFFICIAL RECORDS, AND THAT PORTION THEREOF LYING SOUTHERLY OF THE SOUTHERLY BOUNDARY THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST EASTERLY TERMINUS OF THE CENTERLINE OF LA COSTA AVENUE AS SHOWN ON HEREINBEFORE MENTIONED PARCEL MAP NO. 13; THENCE NORTH 55 0 00 1 00" EAST 200.89 FEET TO THE BEGINNING OF A 1000.00 FOOT RADIUS CURVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE TO THE NORTHERLY LINE OF HEREINBEFORE MENTIONED LOT 5 OF RANCHO LAS ENCINITAS. AFFECTS PARCEL NOS. 223-060-15, 223-060-49 AND 264-220-47. PARCEL B: THE WEST HALF OF SECTION 32 AND A PORTION OF SECTION 31, ALL BEING IN TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, ALL BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. EXCEPTING THEREFROM THAT PORTION OF SAID SECTION 31 LYING NORTHWESTERLY OF THE SOUTHEASTERLY BOUNDARY OF CARLSBAD TRACT NO. PAGE 28 M ORDER NO. 986023-11 72-20 (LA COSTA VALE) UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7950, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 3, 1974. ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID WEST ONE HALF OF SAID SECTION 32; THENCE SOUTH 89 0 53 1 42" EAST ALONG THE NORTH LINE OF SAID WEST ONE HALF, 2689.53 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 00 0 36'38" WEST ALONG THE EAST LINE OF SAID WEST ONE HALF, 3120.35 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF A 200.00 FOOT SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT IN BOOK 5208, PAGE 399 OF THE OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY AND BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE AND ALONG SAID EASEMENT LINE, NORTH 64°13 1 23" WEST, 2226.43 FEET; THENCE SOUTH 72°08 1 00" WEST, 65.20 FEET TO A POINT ON A LINE, SAID LINE BEING 45.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES AND PARALLEL WITH SAID SOUTHWESTERLY RIGHT OF WAY LINE OF 200.00 FOOT SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT; THENCE NORTH 64 0 13 1 23" WEST ALONG SAID PARALLEL LINE, 1583.36 FEET TO A POINT ON THE SOUTHEASTERLY BOUNDARY LINE OF SAID MAP NO. 7950; THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH 64 0 13 1 23" WEST TO THE INTERSECTION WITH THE NORTHERLY LINE OF SAID SECTION 31, SAID INTERSECTION BEING THE POINT OF TERMINUS. ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF THE FOLLOWING LINE: BEGINNING AT THE MOST SOUTHERLY CORNER OF 72-20 AS SHOWN ON MAP NO. 7950, SAID CORNER OF A NON-TANGENT 1230.00 FOOT RADIUS CURVE, RADIAL TO SAID POINT BEARS NORTH 51 0 54 1 08" ALONG THE SOUTHEASTERLY BOUNDARY LINE OF C, THE FOLLOWING COURSES: SAID CARLSBAD TRACT NO. BEING A POINT ON THE ARC CONCAVE SOUTHEASTERLY, A WEST; THENCE CONTINUING RLSBAD TRACT NO. 72-20, NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14 0 34'46" A DISTANCE OF 312.99 FEET, NORTH 38°50 1 03" EAST, 31.80 FEET TO THE BEGINNING OF A TANGENT 1480.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7 0 19'57" A DISTANCE OF 189.40 FEET; THENCE NORTH 46 0 10 1 00" EAST, 1057.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHEASTERLY BOUNDARY LINE SOUTH 43 0 50 1 00" EAST, 1685.42 FEET; THENCE SOUTH 53 0 39 1 32" EAST, 42.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH 53 0 39'32" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE INTERSECTION WITH THE SOUTHERLY LINE OF SAID SECTION 31, SAID INTERSECTION BEING THE POINT OF TERMINUS. PAGE 29 S . ORDER NO. 986023-11 ALSO EXCEPTING THE INTEREST CONVEYED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED FEBRUARY 16, 1967 AS FILE NO. 21426 OF OFFICIAL RECORDS, LYING WITHIN THOSE PORTIONS DESCRIBED AS FOLLOWS: PARCEL 66398-A: THAT PORTION OF SECTION 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, LYING WITHIN A STRIP OF LAND 60 FEET WIDE, 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF ROAD SURVEY NO. 454, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY ENGINEER, WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER BEING DISTANT ALONG SAID NORTH LINE 721.98 FEET FROM THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER, SAID POINT BEING ENGINEER'S STATION 194 PLUS 74.85, POINT ON A 1000 FOOT RADIUS CURVE, CONCAVE EASTERLY ON SAID CENTER LINE; THENCE ALONG SAID CENTER LINE AS FOLLOWS: SOUTHERLY ALONG SAID 1000 FOOT RADIUS CURVE, 36.54 FEET AND TANGENT TO SAID CURVE SOUTH 7 0 22' EAST, 12.41 FEET TO THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A 1200 FOOT RADIUS CURVE, THE CENTER OF WHICH BEARS SOUTH 82 0 38' WEST FROM SAID POINT; THENCE LEAVING SAID CENTER LINE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 71 0 50 1 1 A DISTANCE OF 1504.47 FEET TO ENGINEER'S STATION 210 PLUS 87.12 POINT OF TERMINATION ON THE CENTER LINE OF SAID ROAD SURVEY NO. 454. PARCEL 66398-B: THAT PORTION OF SAID SOUTHEAST QUARTER LYING SOUTHERLY OF PARCEL 66398-A HEREINABOVE DESCRIBED, AND NORTHERLY OF SAID ROAD SURVEY NO. 454. ALSO EXCEPTING THEREFROM THE PROPERTY DESCRIBED AS FOLLOWS: A PARCEL OF LAND BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND BEING A PORTION OF SECTION 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF LOT 494 OF MAP NO. 7950, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY LINE OF RANCHO SANTA FE ROAD AS SHOWN ON SAID MAP NO. 7950; THENCE SOUTH 31 0 00 1 00" WEST, 46.04 FEET; THENCE SOUTH 59 0 00'00" EAST, 71.00 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF SAID MAP SAID POINT BEING ON A NON-TANGENT 1,520.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID BOUNDARY LINE, THROUGH A CENTRAL ANGLE OF 9 0 19 1 02", A DISTANCE OF 247.18 FEET TO THE PAGE 30 ORDER NO. 986023-11 TRUE POINT OF BEGINNING, SAID POINT BEING ON A NON-TANGENT 700.00 FOOT RADIUS REVERSING CURVE, CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 73°26 1 32" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID 700.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 26°43 1 55", A DISTANCE OF 326.59 FEET; THENCE SOUTH 10 0 10'27" EAST, 474.67 FEET TO A POINT ON A NON-TANGENT 2,400.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15 0 24 1 49 11 , A DISTANCE OF 645.64 FEET TO A POINT ON A NON-TANGENT 1,170.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 31°17'17" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID 1,170.00 CURVE, THROUGH A CENTRAL ANGLE OF 6°14'41", A DISTANCE OF 127.52 FEET; THENCE SOUTH 25 0 02 1 36" EAST, 60.00 FEET TO A POINT ON A NON-TANGENT 1,230.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 25 0 02 1 36" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 22°45 1 14 11 , A DISTANCE OF 488.47 FEET TO A POINT ON A NON-TANGENT 2,400.00 RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 33 0 56 1 33" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID 2,400.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 703510611, A DISTANCE OF 317.72 FEET; THENCE SOUTH 41 0 31 1 39" EAST, 63.00 FEET; THENCE SOUTH 6405012511 EAST, 265.09 FEET; THENCE SOUTH 28 0 21 1 27" WEST, 501.00 FEET; THENCE SOUTH 31 0 16 1 32" EAST, 62.63 FEET TO A POINT ON A NON- TANGENT 700.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 30 0 22 1 0111 , A DISTANCE OF 371.00 FEET; THENCE SOUTH 28 0 21 1 27" WEST, 470.00 FEET TO THE BEGINNING OF A 1,000.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 7 0 59 1 01 11 , A DISTANCE OF 139.34 FEET; THENCE NORTH 53 0 39 1 32" WEST, 42.00 FEET; THENCE NORTH 43 0 50 1 00" WEST, 1,685.42 FEET; THENCE NORTH 4601010011 EAST, 465.58 FEET TO THE BEGINNING OF A TANGENT 1,520.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 5 0 50 1 58 11 , A DISTANCE OF 155.18 FEET TO THE TRUE POINT OF BEGINNING. AFFECTS PARCEL NOS. 223-050-63 AND 223-050-64; 223-071-05 AND 223-071-07. PARCEL C: THAT PORTION OF THE WEST HALF OF SECTION 32; AND THE NORTH HALF OF SECTION 31; AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, ALL BEING IN TOWNSHIP 12 SOUTH, RANGE 3 WEST; TOGETHER WITH THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS: -ç PAGE 31 \ . ORDER NO 986023-11 BEGINNING AT THE NORTHWEST CORNER OF SAID WEST HALF; THENCE SOUTH 89 0 53'42" EAST ALONG THE NORTH LINE OF SAID WEST HALF, 2689.53 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 000361381 WEST ALONG THE EAST LINE OF SAID WEST HALF, 3120.35 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF A 200.00 FOOT SAN DIEGO GAS AND ELECTRIC EASEMENT, RECORDED APRIL 19, 1954 IN BOOK 5208, PAGE 399 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE LEAVING SAID EAST LINE AND ALONG SAID EASEMENT LINE, NORTH 64°13 1 23" WEST, 2226.43 FEET; THENCE SOUTH 72 0 08 1 00" WEST, 65.20 FEET TO A POINT ON A LINE, SAID LINE BEING 45.00 FEET SOUTHWESTERLY MEASURED AT RIGHT ANGLES AND PARALLEL WITH SAID SOUTHWESTERLY RIGHT OF WAY LINE OF A 200.00 FOOT SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT; THENCE NORTH 64 0 13 1 23" WEST ALONG SAID PARALLEL LINE, 1583.36 FEET TO A POINT ON THE SOUTHEASTERLY BOUNDARY LINE OF LA COSTA VALE UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7950, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 3, 1974; THENCE NORTH 31 0 00 1 00" EAST ALONG SAID BOUNDARY LINE, 45.19 FEET TO THE NORTHEAST CORNER OF SAID MAP NO. 7950; THENCE NORTH 64 0 13 1 23" WEST ALONG THE NORTHEASTERLY BOUNDARY LINE OF SAID MAP NO. 7950, A DISTANCE OF 1326.91 FEET; THENCE SOUTH 43 0 30'00" WEST 477.59 FEET TO THE BEGINNING OF A NON- TANGENT 1720.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 43 0 30 1 00" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02 0 50 1 00" A DISTANCE OF 85.06 FEET; THENCE TANGENT TO SAID CURVE NORTH 43 0 40' WEST 445.15 FEET TO THE BEGINNING OF A TANGENT 455.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 96 0 50'00" A DISTANCE OF 768.98 FEET; THENCE TANGENT TO SAID CURVE SOUTH 3903010011 WEST 153.51 FEET TO THE BEGINNING OF A TANGENT 780.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08 0 59 1 38" A DISTANCE OF 122.44 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF CARLSBAD TRACT NO. 72-20, UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7779, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 26, 1973; THENCE LEAVING SAID MAP NO. 7950 AND ALONG THE BOUNDARY OF SAID MAP NO. 7779, NON-TANGENT TO SAID CURVE NORTH 71 0 00 1 00" WEST 269.16 FEET; THENCE NORTH 44 0 00 1 00" WEST 965.00 FEET; THENCE NORTH 71 0 13 1 23" WEST 276.62 FEET; THENCE SOUTH 77 0 46 1 50" WEST 290.25 FEET; THENCE NORTH 59 0 50 1 00" WEST 121.23 FEET; THENCE SOUTH 83 0 40 1 00" WEST 114.59 FEET; THENCE SOUTH 14 0 40 1 00" WEST 230.00 FEET; THENCE SOUTH 28 0 20 1 30" WEST 436.00 FEET; THENCE SOUTH 18 0 27 1 30" EAST 218.11 FEET; THENCE SOUTH 25 0 03 1 28" WEST 165.00 FEET; THENCE NORTH 64 0 56 1 32" WEST 300.00 FEET; THENCE SOUTH 00 0 24'13" WEST 110.03 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY LINE OF THAT CERTAIN 100.00 FOOT EASEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 19, 1954 IN BOOK 5208, PAGE 403 OF OFFICIAL RECORDS; THENCE LEAVING SAID BOUNDARY OF SAID MAP NO. 7779 AND ALONG THE SOUTHWESTERLY BOUNDARY OF SAID EASEMENT NORTH 64 0 56 1 32" WEST TO PAGE 32 . . ORDER NO. 986023-11 THE MOST SOUTHERLY CORNER OF CARLSBAD TRACT NO. 75-4 (LA COSTA ESTATES NORTH), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8302, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 5, 1976; THENCE LEAVING SAID EASEMENT ALONG THE EASTERLY BOUNDARY THEREOF NORTH 25 0 03'28" EAST 100.00 FEET; THENCE NORTH 03 0 02'10" WEST 495.00 FEET; THENCE NORTH 20 0 25 1 10" EAST 280.00 FEET; THENCE NORTH 05 0 30 1 00" WEST 130.00 FEET; THENCE NORTH 36 0 55 1 10" EAST 345.00 FEET; THENCE NORTH 52 0 15 1 00" EAST 160.00 FEET TO A POINT IN THE BOUNDARY OF PARCEL MAP NO. 10179, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1980 AS FILE NO. 80-204502 OF OFFICIAL RECORDS; THENCE LEAVING SAID BOUNDARY OF MAP NO. 8302 AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL MAP NO. 10179, SOUTH 26°58 1 00" EAST 346.13 FEET; THENCE NORTH 89 0 43 1 11" EAST 880.46 FEET; THENCE SOUTH 42 0 13 1 10" EAST 281.25 FEET; THENCE SOUTH 49 0 46 1 54" EAST 170.00 FEET; THENCE SOUTH 42 0 42 1 30" EAST 530.00 FEET; THENCE NORTH 66 0 24 1 35" EAST 174.50 FEET; THENCE NORTH 89 0 58 1 20" EAST 145.00 FEET; THENCE NORTH 34 0 29'10" EAST 309.50 FEET; THENCE SOUTH 74 0 00 1 21" EAST 145.50 FEET; THENCE NORTH 41 0 27 1 00" EAST 113.50 FEET; THENCE SOUTH 85 0 44 1 40" EAST 271.00 FEET; THENCE NORTH 31 0 57'15" EAST 330.00 FEET; THENCE NORTH 47 0 25'05" EAST 129.10 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF SAID SECTION 31; THENCE ALONG THE NORTHERLY BOUNDARY THEREOF NORTH 89 0 43 1 11" EAST 2607.74 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SECTION 25 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF LYING SOUTHEASTERLY OF THE SOUTHEASTERLY BOUNDARY OF SAID MAP NO. 8302. EXCEPT THEREFROM THAT PORTION OF SAID LAND DESCRIBED AS FOLLOWS: ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 32; THENCE ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARTER, SOUTH 0 0 36 1 31" WEST, 950.65 FEET; THENCE SOUTH 31°28 1 50" WEST, 341.61 FEET; THENCE SOUTH 58 0 42 1 49" WEST, 456.37 FEET; THENCE NORTH 76 0 12 1 27" WEST 230.37 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0 0 36 1 31" EAST, 77.00 FEET; THENCE NORTH 89 0 23 1 29" WEST, 350.00 FEET; THENCE SOUTH 0 0 36 1 31" WEST, 265.00 FEET; THENCE SOUTH 46 0 28 1 07" EAST, 68.28 FEET; THENCE SOUTH 55 0 28 1 26" EAST 34.95 FEET; THENCE SOUTH 67 0 10 1 26" EAST, 76.69 FEET; THENCE SOUTH 89°23 1 29" EAST, 110.00 FEET; THENCE NORTH 78004 147fl EAST, 92.20 FEET TO A LINE WHICH BEARS SOUTH 0 0 36 1 31" WEST FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE, NORTH 0°36 1 31" EAST, 263.00 FEET TO THE TRUE POINT OF BEGINNING. PAGE 33 • \'_ . . '4 •.1 - . ORDER NO. 986023-11 ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED AS FOLLOWS: FEE TITLE TO THAT CERTAIN PARCEL OF REAL PROPERTY LOCATED IN THE NORTHERLY HALF OF SECTION 32, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 32; THENCE ALONG THE NORTH LINE THEREOF SOUTH 89 0 5342" EAST 496.36 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 0 0 06 1 18" WEST, 210.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 0 53 1 42" EAST, 237.57 FEET TO THE BEGINNING OF A 470 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36 0 03 1 42 1f, A DISTANCE OF 295.82 FEET; THENCE TANGENT TO SAID CURVE SOUTH 53 0 50'00" EAST, 386.84 FEET; THENCE SOUTH 35 0 24 1 00" WEST, 30.75 FEET; THENCE SOUTH 63 0 42 1 00" EAST, 424.18 FEET; THENCE SOUTH 76°40 1 00" EAST, 288.30 FEET; THENCE SOUTH 00 0 00 1 00" WEST, 81.00 FEET; THENCE SOUTH 72 0 49 1 00" WEST, 288.60 FEET; THENCE NORTH 89 0 32 1 30" WEST, 628.00 FEET; THENCE SOUTH 87 0 08 1 00" WEST, 618.80 FEET; THENCE NORTH 47 0 36 1 00" WEST, 187.00 FEET; THENCE NORTH 2 0 56 1 00" EAST, 166.20 FEET; THENCE NORTH 20 0 05'30" EAST, 530.37 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED AS FOLLOWS: A PARCEL OF LAND BEING A PORTION OF SECTION 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 3 OF PARCEL MAP NO. 10179 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, BEING THE SOUTHEAST CORNER OF SECTION 30 AS SHOWN ON SAID PARCEL MAP; THENCE SOUTH 89 0 43 1 11" WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, A DISTANCE OF 48.19 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROAD SURVEY NO. 454, ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID SAN DIEGO COUNTY; THENCE LEAVING SAID SOUTHERLY LINE AND ALONG SAID RIGHT OF WAY LINE SOUTH 31 0 32 1 16" WEST 247.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 89 0 43 1 11" EAST, 145.34 FEET TO. A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF PROPOSED RANCHO SANTA FE DRIVE; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE SOUTH 12 0 22'42" WEST, 22.51 FEET TO THE BEGINNING OF A TANGENT 1137 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7 0 17 1 27" A DISTANCE OF 144.68 FEET; THENCE LEAVING SAID NORTHWESTERLY RIGHT OF PAGE 34 ORDER NO. 986023-11 WAY LINE NORTH 69 0 00'00" WEST, 172.47 FEET TO A POINT ON SAID SOUTHWESTERLY RIGHT OF WAY LINE; THENCE NORTH 31 0 32 1 16" EAST, 115.50 FEET TO THE TRUE POINT OF BEGINNING. AFFECTS PARCEL NOS. 223-071-09, 223-050-43, 223-050-49, 223-050-51, 223-050-52, 223-050-53, 223-050-54, 223-050-59, 223-050-65, 223-010-31. PARCEL D: THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. AFFECTS PARCEL NOS. 223-011-02, 223-011-03, 223-032-01 AND 223-032-02. PARCEL DD: PARCELS 3 AND 4 OF PARCEL MAP NO. 10179, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 17, 1980 AS FILE NO. 80-204502 OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION DELINEATED AND DESIGNATED "NOT A PART" ON SAID PARCEL MAP. EXCEPTING THEREFROM THAT PORTION LYING WITHIN CARLSBAD TRACT NO. 79-25(B) UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING. TO MAP THEREOF NO. 10243, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 20, 1981. ALSO EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN CARLSBAD TRACT NO. 79-25(B) PHASE VI, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10820, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 13, 1984, AND CARLSBAD TRACT NO. 84-23, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11241, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 22, 1985. EXCEPTING THEREFROM THAT PORTION LYING WITHIN RECORD OF SURVEY NO. 9182, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 28, 1982 AS FILE NO. 82-332144 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL MAP NO. 10179 LYING NORTHEASTERLY OF THE CENTERLINE OF THAT CERTAIN RIGHT OF WAY AS DESCRIBED IN DEED TO THE COUNTY, FILED IN THE OFFICE OF THE COUNTY PAGE 35 - C. • I RECORDER OF SAN DIEGO COUNTY, APRIL 7, OFFICIAL RECORDS. o ORDER NO. 986023-11 1966 AS FILE NO. 58549 OF AFFECTS PARCEL NOS. 223-010-12, 223-010-18, 223-010-19, 223-010-27, 223-010-28, 223-010-29, 223-010-32, 223-010-33, 223-010-34, 223-010-35, 223-010-37; 223-011-04, 223-011-05, 223-011-06; 223-021-08, 223-021-09, 223-021-10, 223-021-11, 223-021-12, 223-021-15 AND 223-021-16; 222-150-13 AND 222-470-23. PAGE 36 CITY OF CARLSBAD 1200 cARLSBA LLAGE DRIVE CARLSBAD, WFORNIA 92008 438-5621 REC'DFROM_ o AsOc DATE__________ ACCOUNT NO DESCRIPTION AMOUNT 01 /75 c-rtir 2O79O 00 - .- - 4 - • -. ::.-;:.-•;:-' :-• ': .. .':L :'-::. . -. v -.-: -• .z: • I-f.: ,- • I * RECEIPT NO 727S I! TOTAL / IV CITY OF CARLSBAD 1200 ELM NUE CARLSBAD, CALIF IA 92008 4385621 REC'D t it/ -010 13E4OO ) ACCOUNT NO. DESCRIPTION AMOUNT )OIIO -Y jp (ch nap L/1(fl o: RF F 3L/ 27 (X RECEIPT NO. 98915 TOTAL / L CITYOF CARLSBAD PpW00~1200ELMANUE CARLSBAD, CALJFO A 92008 4385621 REC'D FROM / DATE__________ ACCOUNT NO DESCRIPTION 7409 740 '°' MONT [7 - C/.J(,6( hL RECEIPT NO. 91636 TOTAL CITY OF CARLSBAD 1200 ELM ANUE CARLSBAD, CALIFO A 92008 438•5621 o REC'D FROM t;/ )) L -h DATE ACCOUNT NO. DESCRIPTION AMOUNT - 9118 O8/18/8 0001 01 05 RECEIPT NO. 97280 TOTAL UNANIMOUS WRITTEN CONSENT IN LIEU OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE FIELDSTONE COMPANY EFFECTIVE AS OF SEPTEMBER 26, 1990 The undersigned, constituting a quorum of all of the members of the Board of Directors of THE FIELDSTONE COMPANY, a California corporation, do hereby consent, pursuant to the provisions of Section 307 (b) of the Corporations Code and Article III, Sections 9 and 13 of the Bylaws of this corporation, to the adoption of the following resolution effective as of September 26, 1990. RESOLVED, that Jim Hansen, Assistant Secretary, Mike Stewart, Assistant Secretary, Brian Nilich, Assistant Secretary, and John Barone, Assistant Secretary, are hereby authorized to bind the corporation in all matters pertaining to the development of real estate in the City of Carlsbad commonly known as La Costa (The Fairways). IN WITNESS WHEREOF, the undersigned directors of this corporation have executed this Unanimous Written Consent on this 26th day of September, 1990. 0008TFC. RES •1 1 9 :>' 0 DISCLOSURE FORM APPLICANT: Fieldstone / La Costa Associtaes a limited Partnership Name (individual, partnership, joint venture, corporation, syndicatiof 5465 Morehouse Drive Suite 250 San Diego, CA 92121 Business Address (619) 546-8081 Telephone Number AGENT: VTN PLANNING Name 4849 Ronson Court Suite 217 San Diego, CA 92111 Business Address (619) 292-4227 Telephone Number MEMBERS: Brian Milich Name (individual, partner, joint Home Address veature corooration syndication) Business Address SfoJ/ Telephone Number Telephone Number Name Home Address Business Address Telephone Number 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. I/We consent to entry for this purpose. I/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. Bri n Mulch 59 ANT BY Aqent, Owner, Partner . a DISCLOSURE FORM APPLICANT: AGENT: vldüal, partnership, joint venture, Corporation, syndicafl 5465 Morehouse Drive Suite 250 San Diego, CA 92121 Business Address (619) 546-8081 Telephone Number VTN PLANNING Name 4849 Ronson Court Suite 217 San D:Lego, CA 92111 Business Address (619) 292-4227 Telephone Number MEMBERS: Brian Milich Name (individual, partner, joint vex4j.tre qorporatLon yrjc4icatjon ) business Address sf -/ Telephone Number Name Home Address - 012 Telephone Number Home Address Business Address Telephone Number 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. I/We consent to entry for this purpose. I/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. Bri n Milich 4 ANT BY Agent, Owner, Partner El Ll EXHIBIT "A" LEGAL DESCRIPTION PARCEL.2 OF PARCEL MAP NO. 11722 1 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER ON OCTOBER 9, 1981. I • . . UNANIMOUS WRITTEN CONSENT IN LIEU OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE FIELDSTONE COMPANY EFFECTIVE AS OF JUNE 1, 1991 The undersigned, being all of the Directors of THE FIELDSTONE COMPANY, a California corporation, do hereby consent pursuant to the provisions of Sections 307 (b) of the Corporations Code of the State of California and the Bylaws of this corporation, to the adoption of the following resolutions effective as of June 1, 1991: WHEREAS, it is deemed to be in the best interest of this corporation to elect new officers effective June 1, 1991: RESOLVED, that the following person is elected to the office set forth opposite their name, effective as of June 1, 1991: IVAN SIMOVICH ASSISTANT SECRETARY WHEREAS, it is deemed to be in the best interests of this corporation to name Ivan Simovich as one of the authorized persons who are able to execute the following documents: 1. CC and R's 2. Grant Deeds for individual homes 3. Department of Real Estate documents 4. Utility contracts 5. Government processing applications NOW THEREFORE BE IT RESOLVED, that Ivan Simovich is hereby authorized to sign on the above mentioned documents along with another officer of this corporation. RESOLVED FURTHER, that all such documents require the signature of any two (2) corporate officers. RESOLVED FURTHER, that all land purchase or sale contract option agreements or similar documents must have a signature of a member of the Board of Directors. . . IN WITNESS WHEREOF, the undersigned Directors of this corporation have executed this Unanimous Written Consent on this 1st day of June, 1991. Keith A. Jo son Peter M. Ochs Da''id /./)Lanq1ois 1005TFC.RES 2 S UNANIMOUS WRITTEN CONSENT IN LIEU OF A REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE FIELDSTONE COMPANY EFFECTIVE AS OF OCTOBER 1, 1990 The undersigned, being all of the Directors of THE FIELDSTONE COMPANY, a California corporation, do hereby consent, pursuant to the provisions of Section 307 (b) of the Corporations Code and Article III, Section 13 of the Bylaws of this corporation, to the adoption of the following resolution effective as of October 1 1 1990. RESOLVED, that Jim Hansen, Assistant Secretary, Mike Stewart, Assistant Secretary, Brian Mulch, Assistant Secretary, and John Barone, Assistant Secretary, are hereby authorized to execute any and all applications, requests, agreements or other documents for delivery to the City of Carlsbad and which are required for the development of that certain real estate in the City of Carlsbad owned by Fieldstone/La Costa Associates Limited Partnership, and commonly known as the Villages of La Costa. IN WITNESS WHEREOF, the undersigned directors of this corporation have executed this Unanimous Written Consent on this 1st day of October, 1990. 'N ( Peter Ochs David RI Lknolols keith A>6hnson 0008TFC.RES . . 87-2006 EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF LOT 44 OF CARLSBAD TRACT NO. 75-9(B), UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 9958 RECORDED DECEMBER 3, 1980 BY THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, AS FILE NO. 80-440243, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF LOT 44, TRAVERSING NORTH 860 30' 00" EAST 842.77 1 ; THENCE NORTH 110 39' 14" EAST 406.58' TO THE TRUE POINT OF BEGINNING. FROM SAID TRUE POINT OF BEGINNING, AND LEAVING THE BOUNDARY LINE OF LOT 44 NORTH 78 0 11' 26" WEST 50.00'; THENCE NORTH 07° 45' 59" EAST 59.00'; THENCE NORTH 42 0 31' 57" EAST 91.97'; THENCE NORTH 770 00' 00" EAST 82.00 1 ; THENCE NORTH 10 0 51' 36" EAST 45.00'; THENCE NORTH 48 0 09' 38" EAST 100.00 1 ; THENCE NORTH 81 0 00' 02" EAST 116.38 1 ; THENCE NORTH 54° 28' 37" EAST 190.00'; THENCE SOUTH 88 ° 11' 15" EAST 20.00 1 ; THENCE SOUTH 65 0 11' 00" EAST 30.00'; THENCE SOUTH 01 1 48' 45" WEST 27.00 1 ; THENCE NORTH 66 0 48' 45" EAST 41.00 1 ; THENCE NORTH 88 0 58' 45" EAST 65.00 1 ; THENCE SOUTH 88 0 49' 40" EAST 284.85 1 ; THENCE SOUTH 04 0 11' 15" EAST 12.00'; THENCE NORTH 80 0 08' 11" EAST 25.72 1 ; THENCE NORTH 07° 11' 15" WEST 22.00 1 ; THENCE SOUTH 88° 11' 15" EAST 41.00 1 ; THENCE NORTH 35 0 00' 00" EAST 248.53 1 ; THENCE NORTH 05 0 45' 52" WEST 72.67 1 ; THENCE ALONG A TANGENT ARC WITH A RADIUS OF 130.00', CONCAVE EASTWARD, A DISTANCE OF 204.20'(DELTA = 90 ° 00' 00"); THENCE ALONG A TANGENT LINE, NORTH 84 0 14' 08" EAST 133.77 1 ; THENCE NORTH 05 0 45' 52" WEST 40.00 1 ; THENCE NORTH 84 0 21' 47" EAST 34.12 1 ; THENCE SOUTH 33 0 22' 26" EAST 308.82' TO A POINT ON THE BOUNDARY OF LOT 44; THENCE ALONG SAID BOUNDARY NORTH 76 0 20' 00" WEST 173.00'; THENCE SOUTH 32 0 40' 00" WEST 195.00 1 ; THENCE SOUTH 01 0 10' 00" EAST 220.00'; THENCE SOUTH 54 0 10' 00" WEST 308.00'; NORTH 83 0 30' 00" WEST 530.00'; THENCE SOUTH 77 0 00' 00" WEST 500.00 1 ; THENCE SOUTH 11 0 39' 14" WEST 20.00' TO THE TRUE POINT OF BEGINNING. %O ESS/07s.N No.27214w' rn 7/Wit Ex 3/31/43 * QUALITY ORIGINAL (S) LAit'( .44' M4H4'5 4 of ESS/0.. K xp.3/i 3 * o LE6'END: 1V1T1C4TfN AREA 80u4'D4t'Y 141r1a4r/w 41w:4 pt a4rA rnaz_- L 4O/AL 84421NG_ St'8i/V/$fON 8'UN404RV BASIS OBEAR/NGS 84$/S a,-- BEAR/N09 //(1e6ON 19 77/( MaST .cauiwe y su'vis/aw 8O11NO4RY /4/( O' e4RtSBAD le4cr A/a 76--56A)., ZINIrNtl 1, ACca,qp/No ra flAP 9958. I VICINITY MAP HO XACE 6A/4'WA Y5 acs,'Tif M/r/GA 770A1 NO. 0P8 APPLICANT i'6/ PRE APPROVED BY: COSTA ASSX ________________ 65My(i&) ,R.C.Er' APN, CITY ENGINEER 54VD/EGa,. C4 92/2/ REG.NO. REG.NO. DATE _______________________________ I I (' (4. 'No.27214 rnm t/1i I Q3/33t/93 J * OF CIA :77/ -, 8O42O' I-. ot () J. SAV _~ /85e2o5 11 3W/U$ 10YOM 5aoa' 69" .91.97' AMV • c'p5 c4 ____ • /&9' ___ • _____ • M) 1, I 4(: AC(RVO 5oU0 6,g ate (-\ 9: 5U8o/W5/aA' 8aiwDAr $8ZZ'(RLVL/,V10f \ ,'MP 958 A,W' cI tOT'PI • DAT/li? I W78/I2(.N W N 7o4*5I59iig N42'S/ '17' 1 N 77°''ê N /Ol/ 'S (/I A' 4809'J8"6 At 5WWW~d 55ô// /,5N( : ,v w N8 °5S15" 6. S89°49'40"( N 7011'15' W 5 88°/I '/5."6 v i5'eV4'O"1 Al goo OW IWIV, e"'ae-e iVl°4f'18" W N 84°2/'4'7" I N 748O'W" H' 18/7' RB" NO. 511780P8 APPLICANT: ..i . IAPPROVED BY: dIV ENGINEER G. NO. R0. NO. DATE ' it' of Carlsbad 71 Fee $530.00 (1-25 lots or units)' ' 7075 Las Palmas Drive $765.00 (26-100 lots or units) Carlsbad, CA 92009 ' lJOJ $1,310.00 (100 + lots or units) (619) 438-1161 1)[ UMFi,NY PLANNING DEPARTMENT TENTATIVE TRACT MAP Complete Description of Project (attach additional sheets if necessary) Single Family Residential Development over 41.09 Acres, previously graded site. Project proposes 131 residential lots averaging approximately 7500 square feet each. Location of Project South side of Corte de Vista between Alicante Road/El Fuerte Street and Sondra Court. Legal Description (complete) Parcel 2 of Parcel Map No. 11722, in the City of Carlsbad. County of San Diego, State of California, filed in the office of the County Recorder October 9, 1981. Local Facility Management Zone Assessors Parcel Number 6 216 -130-61 Zone General Plan Existing Land Use RDM Residential Medium - High Vacant - Proposed Zone Proposed General Plan Site Acreage No Change No Change 41.09 Owner Applicant Name (Print or Type) Name (Print or Type) Fi(-1d 8 t nn P /Ln Cst.n AgRopintpcz VTN PLANNING Mailing Address Mailing Address 5465 Morehouse Drive, Suite 250 4849 Ronson Court, Suite 217 City and State Zip Telephone City and State Zip Telephone San Diego, CA 92121 (619) 546 -8081 San Diego CA 92111 (1g)99_42 I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE OWNER'S ND THAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND THAT ALL IS TRUE AND CORRECT TO THE BEST OF THE ABOVE INFORMATION IS TRUE 4Y KNOWLEDGE. AND CORRECT TO THE BEST OF MY KNOWLEDGE. IGNATURE / DATE4///7 SIGNATURE DATE * )ate Application Rec'd e By Fees Received Receipt No. 60 -cp -~q . d M PROJECT NUMBER (S) 4 . 1 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. '11a ge Date Brian Milich Name (Print) Relationship to Application (Property Owner-Agent) FORM: PLANNING 37. REVISED 3/80 ZSAME 2075 LAS PALMAS DRIVE TELEPHONE CARLSBAD, CA 82009-4859 (619) 438-1161 City of Carlobab DEVELOPMENT PROCESSING SERVICES DIVISION PUBLIC FACILITIES FEE REQUIREMENTS City Council Policy No. 17 requires that all developers requesting a discretionary action for a project pay a Public Facilities Fee in the amount of 3.5 percent of the building valuation. The fee is computed by the Building Department and paid at the time the Building Permit is obtained. In the case of a condominium conversion, the fee is calculated on the building valuation at the time the fee is paid and the fee must be paid prior to obtaining a Final Map on the project. In addition to the above, a completed, signed, and notarized agreement to pay the Public Facilities Fee must be submitted with any application for a discretionary action. This agreement form should be completed by the Applicant and submitted as follows: 1. Select the appropriate form for either (a) the Developer and Owner are the same party, or (b) the Developer and Owner are different. 2. Fill in the date the agreement is completed; the name and address of the Developer, and Owner, if appropriate, and state if each is an individual, partnership, corporation, etc. 3. Fill in the type of project proposed to be constructed such as, a 12-unit condiminum or 30,000 square foot shopping center, etc., and the proposed name (if any). 4. Fill in the date the request will be (or was) submitted and the type of request such as, a tentative map, condominium permit, or rezoning, etc. 5. Type a short legal description of the property on the last sheet (Exhibit 'A"). Legal must be an original. No reproduced copies will be accepted. 6. Sign the form in the presence of a Notary and have the Notary attach an Acknowledgement of Excution to the form. a. Include the title of the person signing the form (General Partner, Vice-President, etc.). If the agreement is signed by a corporate officer, the Corporate Seal must be stamped by the signature. b. Be sure the Notary form is the correct type; Individual, Partnership, or Corporation. 7. Use the attached form as an original. A reproduced copy will not be accepted. Submit the original of the agreement and one (1) Copy. 8. A current copy of the preliminary Title Report must accompany each application. The preliminary Title Report must have been issued within the last six (6) months. 9. Attach a check for $34.00, payable to "City of Carlsbad". . S RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorder's use Parcel No. 216-130-61 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this (1 day of _, 19 0 by and between Fieldstone/La Costa Associates,LTD. (Name of Developer-Owner) aPartnership , hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is 5465 Morehouse Drive, Suite 250, San Diego, CA 92121 (Street) (City, State, Zip Code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described 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: 5*I . I A 132 unit single family detached residential development. on said Property, which development carries the proposed name of The Fairways and is hereinafter referred as "Development"; and WHEREAS, Developer filed on the U day of _tJ2., with the City a request for a Tentative Tract map, Planned Development Permit and Hillside Development permit hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on. file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 28, 1987, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. REV 3-1-88 2 4'.. . S NOW THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing 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. REV 3-1-88 3 S . S 2. The Developer may offer to donate a site or sites for public facilities In lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and service sufficient to accommodate the needs to the Development herein described. S REV 3-1-88 4 . S 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 apply to the respective successors and assigns of Developer and the City, and references to Developer •City herein shall be deemed to be references to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. REV 3-1-88 5 . S EXHIBIT A LEGA[. DESCRIPTION Parcel 2 of Parcel Map No. 11722, in the City of Carlsbad, County of San Diego, State of California, filed October 9, 1981 REV 3-1-88 7 . S IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Fieldstone/La Costa Associates, LTD (namee~ , By:___ P9i4t (T (t 1 e) By: CITY OF CARLSBAD, a municipal corporation of the State of California By: MARTIN ORENYAK For City Manager (Title) ATTEST: ALETHA L. RALJTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) REV 3-1-88 STATE OF CALIFORNIA iss. a COUNTY OF__________________________ On %.k.U- tggo ,before me, the undersigned, a Notary Public in and for 0 ° said State, personally appeared &IAI ZL. Mi L-Ct4 personally known to me (or proved to me on the — C >' basis of satisfactory evidence) to be the persons who executed the within instrument as__PXE!X ocs °• W E HAI.)P&tQ.,. Procident and A5t 5fl4?J1 Secretary, on behalf of_ _______________ Co t () Ca FiEto5ro/' *nP$sJ'..( the corporation therein named, and acknowledged tome that said '— corporation executed the within instrument pursuant to its by- cs laws ora resolution of itsboardof directors, said corporation being OFFICIAL SEAL coC known to me to be the general partner of f.Y'rok) SHEll I )1ER11N6 < Csi LTD limy _____ II1 the limited partnership that executed the within instrument, and SAN DIEGO COIIN1Y I acknowledged to me that such corporation executed the same as Cccn. Expires Sept 24,1993 such partner and that such partnership executed the same. cli co • - WITNESS my hand and official seal. Signature L-MQ).4o( LQIL)lt4ip (This area for official notarial seal) 0 CQ 0 7 I I,, LEUCA IA COUNTY WATER D STRICT POST OFFICE BOX 2397 • LEUCADIA. CALIFORNIA 920240954 • 16191 753-0155 June 1, 1989 City of Carlsbad 2075 Las Palmas Drive Carlsbad, Ca. 92009 Re: Sewer Availability Letter Service Commitment: Residential Project-131 Dwelling Units Property Description: APN 216-130-61 Owners: Fieldstone/La Costa Associates, Limited Partnership Gentlemen: The property described above is located within the boundaries of the Leucadia County Water District. The foregoing equivalent dwelling units of sewer service are available to the property upon the following terms and conditions: 1) Arrangements shall be made by the owners, at the owner's expense, to construct and dedicate to the District the necessary on-site and off- site system to serve the property in accordance with the District stand- ard specifications, rules and regulations. 2) Sewer service shall be subject to the payment of connection charges, service lateral charges, sewer service charges, and any other applicable charges. 3) This letter pertains to the proposed project to develop the prop- erty, as described above, and does not extend to revisions in the project, which affect the sewer system or sewer capacity. 4) This letter is not transferable to any other owner or developer prior to the recordation of a final subdivision map unless the District is notified in writing of the name and address of the transferee including a description of the property. Very truly yours, Leucadia County Water District frfrz 7 W.V. Roehi Administrative Aide DISTRICT OFFICE: 1960 LA COSTA AVENUE • CARLSBAD. CALIFORNIA 92009 LEL[ HOFMAN PLANNING ASSOCIATES Planning • Project Management • Fiscal Analysis July 11, 1989 Christer Westman City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 SUBJECT: The Fairways - Application Resubmittal. Dear Christer: Enclosed per your request, please find an updated application for the Fairways project including new PFF Agreement Form and Application for a Tentative Tract Map, Planned Development Permit and Hillside Development Permit. Also enclosed please find a check for the total fees due. Per our phone conversation, this total includes a credit by the City for the original application fees. If you have any questions, please give me a call. Thank you. Sincerely, Lisa Thomas enclosures cc: John Barone Brian Milich Doug Avis Bill Hofman 2366 Faraday, Suite 120 • Carlsbad • CA 92008 • (619] 438-1465 S L, LEL[ HOFMAN PLANNING ASSOCIATES Planning • Project Management • Fiscal Analysis July 11, 1990 Christer Westman City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 SUBJECT: The Fairways - Submittal of Alternative Front Elevations. Dear Christer: Per our recent discussions regarding The Fairways architecture, enclosed please find a set of a set of style alternatives for the front elevations. These drawings were prepared in response to your request that all styles be reviewed and approved concurrently with the project. The three proposed styles are as follows: "A" elevations are Contemporary Ranch style. "B" elevations are Monterey style. "C" elevations are Mediterranean style. If you have any question or comments, please feel free to call me. Sincerely, Lisa King attachment cc: Brian Milich 2386 Faraday, Suite 120 • Carlsbad • CA 92008 • (619) 438-1465 L, RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) CITY OF CARLSBAD 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorder's use Parcel No. 216-130-61 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this of June , 199 by and between — Fieldstone /La Costa Associates (Name of Developer-Owner) a Limited Partnership , hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is 5465MorehouseDrive,Suite250 (Street) (City, State, Zip Code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described 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: REV 3-1-88 Ph'L -7 0 131 Single Family Residential Lot Subdivision on said Property, which development carries the proposed name of______________ FAIRWAYS and is hereinafter referred as "Development"; and WHEREAS, Developer filed on the day of June , 198 with the City a request for Tentative Tract Map and Residential Planned Unit Development. 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 Js incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 28, 1987, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. REV 31-88 2 NOW THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing 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. REV 3-1-88 3 1 • a 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 I above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and service sufficient to accommodate the needs to the Development herein described. REV 3-1-88 4 ... 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 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 31-88 5 & CL s je/. Qe,e/.'T \ J t/py Jerry Leitner .4 . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California (name) Brian J. Milich By: Fieldstp.rre/ a Assoc. By: (Title) For City Manager By: (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 3-1-88 11 S - . IT 1 1111 OFFICIAL SEAL SHERI L. HERRINGI NOTARY PUBLIC - CALIIORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY 'oV My Commission Exp. August 7. 1989 On is the ay of \JLLfl 19 M, before me, hen' L - Ofrn'o ,41 the undersigned Notary Public, persona94j appeared f21-1 a m , T. L1 I t CA personally known tome E proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. I_Il PARTNERSHIP ACKNOWLEDGMENT NO. 20 Notary's Signature 7130 122 NATIONAL NOTARY ASSOIIA lION • 23U1 ventura niva. • -o. uox 4s • woonlano r"a. AUG 09 1 95 01:17 FIELDSTONE S.D. - P.S This Agreement, dated for refarence only as t7uly 21, 1995, js entered into between FEW2TONE/IA COSTA A2BOCIAT, LI}LITD PTNRSIP, A California limited partnaxehip (NpieldetonaN) and ?AIRWAYS HMOWN2RS ASSOCIATION, at California nonprofit corporation ("Association"). CITJLB A. A dispute has arisen bátween P1e3.dstoneind Association concerning recreational vehicle storage and the requirements of City of Carlsbad (City) Resolution No. 51-7 which approved Tantativa subdivision Map CT 90-'23. • E. Fieldstone was the developer of the r.l property, coon1y known as WFairwzy& which is the subject of Resolution Na. 91-7. Association is comprised of ownra of lots located within the Fairways development. C. Fieldstone and City entered into an KAgxsement Ra ecraatiorial Vehicle Parking" on September 5, 11 to satisfy condition rner 47 at Resolution No. 91-7 relating to the provision by Pia1dtona for the permanent location offsite of recreational vehicle storage ('RV Agreement'). D. rieldstona and Association dicarae as to the obligations described in IV Agreement. E. 7i.3.d.atona and Association wish to resolve their dispute without the need for filing litigation and in order to allow the continued development at ?ialdtone's Fairways project. NOW TZPOR, THE PARTIES AGREE AS FOLLOW: .. Pieldstone shall deposit $,760.00 on ? 1995 asi security for Fieldstone I s obligation described herein (Iicurityk). Security is equal to sixty (60) dollars per month for the oZ-ite CttAe of eight (8) recreational vehicles for one year. Security shall be for exclusive benefit or Association in the event of ialdstons's failure to perform the obligations described in this graament, however, all intarot from Security shall ha the property at Fieldstone. 07/23j95 1 RUG 09 '95 01:17 FIELDSTONE S.D. P.3 _Q0 • 2. Each month Association will bill Fieldstone for the amount Association spent, to a maximum of sixty (60) dollars per Association member and a maximum of eight (8) members, the preceding month to reimburse Association members for off.-site rental of recreational vehicle storage spaces. Fieldstone' shall •reimbu±se Association within thirty (30) days of receipt of the bill. Association may only bill Fieldstone for the amount actually pent by Association to reimburse Association members. In the event Fieldstone does not pay the bill within thirty (30) days of • presentation by Association, Association shall have the right to • with&raw from Security an' amount equal to the bill. Fieldstone shall within thirty days of such withdraw from Security by Association, deposit the amount necessary to return Security to $5,760.00. 3. On'. July 31, 2000 and every five years thereafter, the maximum monthly obligation of Fieldstone,. as described in paragraph 2 above, shall be adjusted to be consistent with the Consumer Price Index - Los Angeles/Anaheim/ Riverside - All: Urban Consumers - All Items - Base 1982-1984 100 ("CPI") as published by the United States Department of Labor, Bureau of Labor Statistics in the monthly Labor Review covering All 'Urban Consumers. 4. Association shall be solely responsible for administering the' Association member's requests for information, as well as approving the location of storage of member's recreational vehicles. Fieldstone shall have no obligation to directly pay each member's storage bill or to locate, provide or assist in obtaining a recreational vehicle storage site. Furthermore, Fieldstone makes .no representations concerning the availability of such off-site recreational storage facilities. 5. Notwithstanding any provisions of this Agreement to the contrary, Fieldstone's only obligations shall be thq deposit of security (paragraph 1 above), the monthly payment to Association of the b.11 (paragraph 2 above) and the construction of the park (paragraph 9 below). 6. 'This Agreement shall exP4re on the earlier of July 31, 2015 or the completion of - a recreat4onal vehicle storage facility within Arroyo La Costa (Local Facility Management Plan Zone 12.) as described in the RV Agreement, tznless extended by the mutual consent of the parties. 7. Association shall release the balance of Security, if any, to Fieldstone or its successors or assigns, upon the expiration of the Agreement. 8. This Agreement shall not be deemed to amend, interpret or otherwise affect the RV agreement. 07121/9 5 2 AUG 09 '95 01:18 FIELDSTONE S.D. P.4 LI 9 Fieldstone shall commeze construction of the park within Lot 119 of Fairways concurrently with the issuance of building permits for the final seven lo;s of the Fairways project. Fieldstone shall complete construction of the park and transfer its ownership to Association in a reasonable period of time, not to exceed one (1) year after commencement of construction. 10. The parties hereto waive, release and settle any and all claims they may have arising from the issues associated with the construction, operation, rental or provision of a recreational vehicle storage facility, including, but not limited to the interpretation of the intent of the 1W Agreement. Notwithstanding this waiver, release and settlement, Association expressly reserve's the right to argue, protest or challenge any change in the location of the recreational storage facility from that described in the RV Agreement. 11. The parties, by entering into this Agreement, neither accept or admit any liability or çesponsibility for the issues associated with the storage of rcreational vehicles for the Fairways project or the intent of the RV Agreement. J2. The parties shall cooperate and reasonably assist each other in the performance of the obligations contained in this Agreement. 1.3. The prevailing party in any action. to enforce the provisions of this Agreement shall be entitled to recover its attorneys' fees and costs. 14. Fieldstone may assign or transfer its rights and obligations arising from this Agreement upon written consent of Association. Association's written consent to any assignment by Fieldstone shall not unreasonably be withheld. 07/21/95 3 HL*, J1: 16 riLDSfONE S. u. P.5 15. This Agreement shall be construed and enforced in accordance with the laws of the State of California. FIELDSTONE/IA COSTA ASSOCIATES LIMITED PARTNERSHIP, a California limited partnership By _(26~Z By FAIRWAYS HOMEOWNERS ASSOCIATION, a California nonprofit corporation By ZZ By 07/21/95 4 MODEL NO. 3- 2 3 4 TOTALS TOTAL 19 25 40 44 128 7/4L5 IL AL -(-L / a 87-2006 6-4-92 / FAIRWAYS CONSTRUCTION PHASE SUMMARY I I 87-2006 6-4-92 • FAIRWAYS • CONSTRUCTION PHASE III LOT NO. MODEL NO. LOT NO. MODEL NO. 33 2 81 2R 34 3 82 3R 35 2 83 4R 36 4 84 3R 37 1 85 4 38 3 86 2R 39 OPEN SPACE 87 4R 40 4 •. 88 1R 41 3 89 2 42 4 • 90 4R 43 3 91 1R 44 4 92 3 45 3 93 4 46 2 94 3 79 1R 95 • 2R 80 OPEN SPACE SUMMARY FOR PHASE III MODEL NO. NO. OF LOTS 1 4 2 7 3' 9 4 1 TOTAL R M4& FAIRWAYS - VIEW WALL CONDITION Prior to recordation of a final map, the applicant shall submit detailed perimeter wall/plans along Alicante Road for lots 3, 4, 9 and 10. These plans shall provide for views for the residences across Alicante Road to the maximum extent possible without compromising the privacy and safety of adjacent residents within the Fairways project. Said plans shall be reviewed and approved by the Planning Director. fVE5 4.IEc7: VI FZ*-1 rotI4 Hz*1 4 -n2e3 VN?rc- WFF'— 014W' gHc i'e N6TlI8c c-2 (UC4(n1 Cat.TE WM.- 0t4 i-irt (No) - f:cz trn R4 T IV P7e ç7tv'!-7 k? )JM-L- iWt1'"4 - - . .1 I - •1 - /' #1 ' / I - - .11• - • oil -— . pa • • / II 'I I, - I •' • p - I ,W/03/',4 U 11:35 0 619 931 2645 4 DL PLPNNING P.86 Setbacks Rearyarcl & Sideyard ThD I REARYARD CONDITIONS: SIDEYARD BUILDING SEPARATIONS: SarL 16 ft •? r 9% Page 5 87-2006 6-3-92 0 FAIRWAYS CONSTRUCTION PHASE II LOT NO. MODEL NO. LOT NO. MODEL NO. 96 3 104 2R 97 OPEN SPACE 105 1 98 1R 106 4R 99 4 107 3 100 3R 122 2R 101. 2 123 4R 102 4 124 3R 103 3 125 4R SUMMARY FOR PHASE II MODEL NO. NO. OF LOTS 1 2 2 3 3 5 4 TOTAL 1,5 •1 •1 87-2006 5-29-92 FAIRWAYS CONSTRUCTION PEASE I LOT NO. MODEL NO. LOT NO. 11ODEL NO. 2 1 108 OPEN SPACE 109 2R 4 3 110 4 5 4 111 1R 6 3 112 3 7 1R 113 2R 8 2R 114 4 9 4R 115 3 10 3R 116 4 11 4R 117 2 12 1R 118 3 13 2R 126 1 14 4R 127 3 15 3R 128 2R 16 4 129 4 17 4R 130 3 STThARY FOR PHASE I MODEL NO. NO. OF LOTS 1 5 2 6 3 10 4 10 TOTAL: 31 - ir S* -k . • ii Ii. ;in çi i (t WHEN RECORDED RETURN TO: STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME WILDLIFE CONSERVATION BOARD 801 "K" STREET, SUITE 806 SACRAMENTO, CA 95814 NO DOCUMENTARY TRANSFER TAX DUE California Revenue & Taxation Code § 11922 Presented for Acceptance by the California Department of Fish and Game This nsfrument is certified to be a true and a py of that certain instrument recorded .>.4.T 007If as File NoL . iffi of e county Recor of Diego County. 1RST AMERICAN IN CE XAUthnz Signa _ This space for Recorder's Use Only APN 223-322-004 CONSERVATION EASEMENT DEED THIS CONSERVATION EASEMENT DEED ("Deed") is made this day of 41?j-4 , 1994, by Fieldstone/La Costa Associates Limited Partnership, a California limited partnership ("Assignor") in favor of the State of California and its political subdivision, the Department of Fish and Game ("Assignee"); RECITALS WHEREAS, Assignor conveyed to the San Dieguito School District (the "School District") a fee interest in those certain lands, described in connection therewith as being approximately 30.81 acres (the "Mitigation Parcel"), by deed dated December 29, 1989 and recorded as document number 89 710218 in the Official Records of San Diego County, California (the "School District Deed"); WHEREAS, Assignor reserved and excepted from conveyance pursuant to the School District Deed the right in Assignor: (i) "...to use the Property [the Mitigation Parcel] for appropriate biological mitigation, including the mitigation of offsite effects of Fieldstone's [Assignor's] development activity elsewhere in the La Costa area", and (ii) to conduct "...any and all mitigation monitoring activities and/or requirements imposed on Fieldstone [Assignor] for the full period of time during which any s,..-.h 02-15-94 F:\WPD0C\11\2110\01330DEE.R11 1 .::• :. imposed on, agreed to by or voluntarily undertaken by Fieldstone [Assignor)"; thereby reserving to Assignor sufficient right, title and interest to traiisfer and convey the Conservation Easement as defined and provided .0 hereinbelow; WHEREAS, subsequent to the execution and acceptance of the School District Deed, the School District and Assignor determined by metes and bounds description that the Mitigation Parcel actually consisted of 29.90 acres instead of consisting of approximately 30.81 acres as set forth in the School District Deed; WHEREAS, Assignor conveyed to the City of Carlsbad (the "City") "... an open space/conservation easement in perpetuity for California Gnatcatcher habitat over..." approximately 9.7 acres of land within the Mitigation Parcel (the 11 9.7 Acres"), by deed dated July 24, 1991, reserving and excepting therefrom the right in Assignor "...to enter the Property [the 9.7 Acres) for the purpose of creating, maintaining and preserving the habitat..." (The rights and interests in the Mitigation Parcel reserved and excepted from said conveyance by Assignor under the School District Deed and the City Deed are hereinafter referred to as the "Reserved Rights and Interests"); thereby and by the nature of the City Deed reserving to Assignor sufficient right, title and interest to transfer and convey the Conservation Easement as defined and provided hereinbelow; WHEREAS, Assignor and Assignee entered into that certain CITY OF CARLSBAD COASTAL SAGE SCRUB CONSERVATION PROGRAM DEPARTMENT OF FISH AND GAME AND FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP MANAGEMENT AND MITIGATION AGREEMENT (the "Management Agreement"), dated as of February 29, 1992, whereby Assignor agreed to assign to Assignee in perpetuity certain rights and interests appropriate to assure and enforce the conservation of approximately 26 acres of land within the Mitigation Parcel, as provided in and in accordance with the purposes of the Management Agreement and that certain MITIGATION/CONSERVATION PLAN FOR THE ARROYO LA COSTA PROJECT, dated JANUARY 30, 1992 (the "Mitigation Plan"); WHEREAS, Assignor owns the Reserved Rights and Interests in the Mitigation Parcel; WHEREAS, Assignor and Assignee acknowledge that, pursuant to the Mitigation Plan and the Management Agreement, Assignor is obligated to irrevocably offer to dedicate a conservation easement over only 26 acres of the Mitigation Parcel; however, for ease of conveyance, Assignor desires to assign and Assignee desires to accept . co':.eration e asement 02-15-94 F:\WPD0C\11\2110\01330DEE.R11 2 as set forth hereinbelow over all 29.90 acres of land that comprise the Mitigation Parcel; WHEREAS, by this Deed, Assignor'desires.tQ assign, transfer and convey to Assignee and Assignee desires to accept from the Reserved Rights and Interests a non-exclusive conservation easement in and over the 29.90 acres of land described in Exhibit "A", attached hereto and incorporated herein by this reference (hereinafter referred to as the "Habitat Management Lands"), as set forth hereinbelow, to provide Assignee with assurances that the Habitat Management Lands will be conserved pursuant to and in accordance with the purposes of the Management Agreement and the Mitigation Plan; and WHEREAS, Assignee is an agency formed under the laws of the State of California with jurisdiction over the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for sustainable populations of those species (California Fish and Game Code Section 1802), and is authorized to hold conservation easements for these purposes (California Civil Code Section 815.3; California Fish and Game Code Section 2052); NOW, THEREFORE, for and in consideration of the facts recited above and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, and pursuant to the laws of the State of California, including California Civil Code Sections 815 through 816, inclusive, Assignor hereby assigns, transfers and conveys to Assignee, and Assignee hereby accepts, a non-exclusive conservation easement to the extent of the Reserved Rights and Interests, as defined in Paragraph 2 hereinbelow ("Conservation Easement"), in perpetuity in and over the Habitat Management Lands reserving to Assignor and excepting from this conveyance, all rights, title and interest in and with respect to the Habitat Management Lands of every kind and nature that are not expressly included in the Conservation Easement as provided herein. 1. Purpose. The purpose of the Conservation Easement is to assure Assignee that without the written approval of Assignee, the Habitat Management Lands shall be held and used only for the conservation of Coastal sage scrub habitat, the California gnatcatcher and other species inhabiting or utilizing Coastal sage scrub habitat ("Species of Concern"), and for related educational, scientific and management purposes. 2. Conservation Easement. This Conservation Easement includes the prohibitions and limitations on the use of the Habitat Management Lands set forth in ParL:api 2.1 02-15-94 F:\WPD0C\J1\2110\01330DEE.R11 3 Md below, and the rights set forth in Paragraph 2.2 below, together with the other rights and interests provided to Assignee herein. 'U 2.1. Prohibited Uses. 'Except as otherwise approved by Assignee in writing, the Habitat Management Lands shall not be used for any purpose or use other than the conservation of Coastal sage scrub habitat, the California gnatcatcher, and other Species of Concern and for related educational, scientific and management purposes. 2.2. Rights of Assignee. As an incident of the Conservation Easement, the Assignee shall have the right to: 2.2.1. Prevent the Habitat Management Lands from being used for purposes or uses in violation of Paragraph 2.1 hereinabove; 2.2.2. Enter upon the Habitat Management Lands and restore or require restoration of any portion of the Habitat Management Lands that may be damaged in violation of Paragraph 2.1 hereinabove; 2.2.3. Enter upon the Habitat Management Lands at reasonable times for purposes of conducting initial habitat improvement, installing fencing, removing trash and conducting other long-term management activities as set forth in the Mitigation Plan; and 2.2.4. Enter upon the Habitat Management Lands at reasonable times to monitor compliance with Paragraph 2.1 hereinabove; provided, however, that such entry shall be upon reasonable prior notice to Assignor or its successor. 3. Rights of Assignor. Notwithstanding any other provisions of this Deed, Assignor has reserved and excepted from the assignment, transfer and conveyance of this Conservation Easement the right (which shall be non-exclusive to the extent that such right is the same as a right conveyed to Assignee hereunder) to enter upon the Habitat Management Lands generally to further the purposes of this Conservation Easement, and specifically to maintain the Habitat Management Lands as set forth in Section 9.1 below, and to remedy violations of the terms of this Conservation Easement as set forth in Section 4 below. This reservation is consistent with the Reserved Rights and Interests. 4. Assignee's Remedies. If Assignee determines that Assignor has taken an action that is in violatiorthe terms of this Conservation Easement, Assignee shall provide 02-15-94 F:\WPDOC\11\2110\O133ODEE.R11 4 written notice of such violation to Assignor and to the record owner of fee title to the Habitat Management Lands, and shall demand in writing the cure of said violation. In the event that said violation is not cured within. thirty (30) days from the date of said written notice and demand, or in the event that said cure would reasonably require more than thirty (30) days to complete and cure is not commenced promptly and pursued diligently to effect said cure, Assignee may take any action and seek any remedies available at law or in equity to enforce the Conservation Easement, including, but not limited to seeking monetary damages, or temporary or permanent injunctions or other equitable relief (including, but not limited to the restoration of any condition that existed within the Habitat Management Lands prior to said violation). Notwithstanding the foregoing, Assignee shall not be required to provide Assignor with written notice of an actual violation or demand cure thereof as provided above if Assignee determines that such violation will likely result in significant damage to wildlife or habitat within the Habitat Management Lands, the conservation of which is the subject hereof, and Assignee determines that if Assignee were to be required to provide written notice and demand as provided above, compliance with such notice procedures would result in unacceptable delay of the commencement of a cure of such violation. In such cases, Assignee may proceed with any action at law or in equity as provided above without delay and without giving said written notice and demand. Assignor acknowledges that Assignee's remedies at law for a violation of the Conservation Easement would be inadequate and that Assignee would be entitled to injunctive relief, both prohibitive and affirmative, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Assignee's remedies under the Conservation Easement shall be cumulative and in addition to all remedies now or hereafter existing at law or in equity, including, but not limited to the remedies set forth in California Civil Code Sections 815 through 816, inclusive. 5. Costs of Enforcement. Any costs incurred by either party in enforcing the terms.of this Conservation Easement against the other, including, without limitation, costs of suit and reasonable attorney's fees, and any costs of restoration of the Habitat Management Lands necessitated by a violation of the terms of this Conservation Easement shall be borne by the breaching party. If a party prevails in any action (including appeals therefrom) to enforce the terms of this Conservation Easement, such party's reasonable 02-15-94 F:\WPDOC\11\2110\01330DEE.R11 5 .1 p costs of suit including, without limitation, reasonable attorney's fees, shall be borne by the other party. 6. Assignee's Discretion. Enforcement of the performance by Assignor of the terms of this Conservation Easement shall be at the discretion of Assignee. Any forbearance by Assignee to exercise its rights under this Conservation Easement shall not be deemed to be a waiver by Assignee of such rights or of any rights regarding subsequent breach of this Conservation Easement. No delay or omission by Assignee in the exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. 7. Acts Beyond Control of Assignor. Nothing contained in this Deed shall be construed to make Assignor liable for, or provide a right to Assignee to bring any action against Assignor for any injury to or change in the Habitat Management Lands resulting from causes beyond Assignor's control, including, without limitation, the acts of third parties not controlled by or under the direction of Assignor, fire, flood, storm, earth movement, any other natural disaster, any act or omission of Assignee, or any reasonable action of Assignor under emergency conditions. 8. Access. This Deed does not convey a general right of access to the public; however access is granted to Assignee as set forth in Section 2.2. 9. Costs and Liabilities. Assignor or its successor, shall retain all responsibilities and shall bear all costs and liabilities of any kind related to the ownership of the Reserved Rights and Interests in the Habitat Management Lands and related to its obligations to maintain the Habitat Management Lands, including the following: 9.1. Maintenance. .Pursuant to the School District Deed, Assignor shall continue to bear the costs of performing Assignor's obligation to ".. maintain the landscaping [within the Mitigation Parcel] until the earlier of fifteen (15) years froni the date of recordation of this deed [ the School District Deed] or sixty (60) days after delivery by Fieldstone [ Assignor] of written notice of termination, which notice shall in no event be given before ten (10) years after recordation of this deed [the School District Deed)." Assignor shall perform this obligation in a manner that is consistent with the purposes of this Conservation Easement, which are set forth in Paragraph 1 above. 9.2. Condemnation. The habitat conservation purposes of this Conservation Easement are presumed to be the best and mo necessary public use of the Habitat Management 02-15-94 F:\WPDOC\11\2110\013300EE.R11 6 Lands as defined at California Code of Civil Procedure Section 1240.680, notwithstanding the provisions of, California Code of Civil Procedure Sections 1240.690 and 1240.700. In the event that, notwithstanding this ' presumption, this Coiservation Easement is taken in whole or in part by exercise of the power of eminent domain, Assignee shall be entitled to compensation from the condemning authority in accordance with applicable law. 10. Assignment. This Conservation Easement is transferable, but Assignee shall give Assignor and record owner of fee title to the Habitat Management Lands at least thirty (30) days prior written notice of the transfer. Further, Assignee may only assign its rights and obligations under this Conservation Easement to an organization that is a qualified organization at the time of transfer under Section 170 of the United States Internal Revenue Code of 1954, as amended (or any successor provision then applicable), and the applicable regulations promulgated thereunder, and is authorized to acquire and hold conservation easements under California Civil Code Sections 815 through 816, inclusive. As a condition of such transfer, Assignee shall require that the Conservation Easement be used only for the purposes described in Paragraph 1. above. 11. Subsequent Transfers. Assignor shall include a description of the terms of this Conservation Easement, including, but not limited to the provisions of Section 14.7, in any deed or other legal instrument by which it divests itself of any of the Reserved Rights and Interests in all or a portion of the Habitat Management Lands. Assignor shall give written notice to Assignee of the transfer of any Reserved Rights and Interests at least thirty (30) days prior to the -date of such transfer. The failure of Assignor to perform any act required by this paragraph shall not impair the validity, of this Conservation Easement or limit its enforceability in any way. 12. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by certified mail with postage prepaid, return receipt requested, addressed as follows: 02-15-94 F:\WPDOC\11\2110\013300EE.R11 7 To Assignor: Mr. John Barone The Fieldstone Company 5465 Morehouse Drive, Suite 250 San Diego, California 92121 with the following notation on the envelope: Official Notice regarding Arroyo La Costa Conservation Easement Deed To Assignee: Legal Affairs Division Department of Fish and Game 1416 Ninth Street Sacramento, California 95814 Regional Manager Department of Fish and Game State of California 3330 Golden Shore, Suite 50 Long Beach, California 90802 with the following notation on the envelope: Official Notice Regarding Arroyo La Costa Conservation Easement Deed or to such other address as either party from time to time shall designate by written notice to the other. Notice shall be deemed effective in the case of personal delivery, upon delivery, and in the case of certified mail, five (5) days after deposit in the United States mail. 13. Recordation. Upon execution, Assignee shall promptly record this Deed in the official records of San Diego County, California and may re-record it at any time as may be required to preserve its rights in this Conservation Easement. Assignor may re-record this Deed at any time as may be required to preserve its rights in this Conservation Easement. 14. General Provisions. 14.1. Controlling Law. The interpretation and performance of this Deed shall be governed by the laws of the State of California. 02-15-94 F:\WPDOC\11\21j0\01330DEE.R11 8 14.2. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Deed shall be liberally construed to effect the purpose of the Conservation Easement and the policy and purposes. ofu California Civil Code Sections 815 through 816, inclusive. If any provision in this Deed is found to be ambiguous, an interpretation consistent with the purposes of the Conservation Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. 14.3. Severability. If any provision of this Deed, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this. Deed, or the application of such provisions to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. 14.4. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to this Deed, and supersedes all prior discussions, negotiations, understandings, or agreements relating to this Deed, all of which are merged herein. 14.5. Modifications. No alterations, changes or modifications of or to this Deed shall be effective, unless made in writing and executed by all parties to this Deed. 14.6. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Assignor's Reserved Rights and Interests in any respect. 14.7. Successors. The covenants, terms, conditions, and restrictions of this Deed shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Habitat Management Lands. Upon conveyance of its Reserved Rights and Interests in and to the Habitat Management Lands, Assignor shall have no further obligation hereunder except with respect to breaches of its obligations hereunder that have occurred prior to said conveyance. 14.8. Captions. The captions in this Deed have been inserted solely for reference and are not a part of this Deed and shall have no effect upon its construction or interpretation. 02-15-94 F:\WPDOC\11\2110\O133ODEE.R11 9 14.9. Counterparts. The parties may execute this Deed in two counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who iias' signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. IN WITNESS WHEREOF Assignor and Assignee have executed, and Assignee has accepted, this Deed as of the day and year first above written. ASSIGNOR: FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, a California limited partnership By: THE FIELDSTONE COMPANY a California corporation, its General Partner By: Assistant Secretary By: J1)VBarone, Assistant Secretary ASSIGNEE: 4 CALIFORNIA DEP4TMENT OF FISH AND GAME By: h)12 4Li W. Joh Schmidt, Executive Director Wildlife Conservation Board Approved as,.to form: cr4g Mansoy{, General Counsel C1ifornia/Department of Fish and Game 'a 02-15-94 F:\WPDOC\11\2110\013300EE.R11 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 J State of_CPLI PoiZ_t'flA County } On before me, A W1- PLh& DATE NAME TITLE OF OFFICER - E.G.,-JANE DOE NOTA 'Y PUBLICS personally appeared_ 'Brt. Aik 3 4 _1_4—/ NAME(S) OF SIGNER(S) personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their COMM. # 98531 rtaryP.bIc.—ccIlfona signature(s) on the instrument the person(s), J *,MyAN DGO COUNTY or the entity upon behalf of which the Comm.Er.sFE32L997 person(s) acted, executed the instrument. WITNESS my hand and official seal. 4tL SIGNATURE OF NOTARY OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) TITLE(S) O PARTNER(S) F1 LIMITED 0 GENERAL O ATTORNEY-IN-FACT O TRUSTEE(S) 0 GUARDIAN/CONSERVATOR O OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) OPTIONAL SECTIO THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT 1&L 7.eJnen '&. THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES___________ DATE OF DOCUMENT Though the data requested here is not required by law, It could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE - -------------- 01992 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 CALIFORNIA ALL-PURPOS= ACKNOWLEDGMENT No. 5907 State of )q County of tM&UTD . On -/'7- /( before me, SiqAJD _DftJ/e _Nôri' DATE NAME, TITLE OF OFFICER - E.G, JANE DOE, NOTARY P(IJC personally appeared liii._Tôwti_2WmibT NAME(S) OF SIGNER(S) personally known to me - OR - El proved to me on the basis of satisfactory evidence to be the person) whose name()Yaro subscribed to the within instrument and ac- knowledged to me that &'tethey executed the same in 4.e44lRei-F- authorized capacity(+e's), and that by 01 W49*414e4- signature(4) on the instrument the person(, or the entity upon behalf of which the person acted, executed the instrument. OFFICIAL WITNESS my hand and official seal. SANDY DANIEL NOTARY PUBLIC CAUFORNIA SACRAMENTO Y My Comm C &$OTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER El INDIVIDUAL El CORPORATE OFFICER TITLE(S) El PARTNER(S) El LIMITED El GENERAL El ATTORNEY-IN-FACT El TRUSTEE(S) El GUARDIAN/CONSERVATOR OTHER: Eecu1r._TDirec*r ti4c DESCRIPTION OF ATTACHED DOCUMENT eJ)ncrLbId,-\ cei o(7/ 2)ee TITLE OR TYPE OF DOCUMENT 10 NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) jVr+tn,t 0+ P c-i t kL SIGNER(S) OTHER ]3IAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 EXHIBIT "A" 87-2006 12/6/93 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 44 OF CARLSBAD TRACT NO. 75-9(E) UNIT NO. 1, ACCORDING TO MAP THEREOF NO. 9958, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 31, 1980, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 44, BEING A POINT ON THE ARC OF A 930.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 87 0 31' 57".EAST; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 44 AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3 0 23' 20", A DISTANCE OF 55.01 FEET; THENCE LEAVING SAID WESTERLY LINE ON A RADIAL BEARING TO SAID CURVE, NORTH 89 0 04' 43" EAST, 50.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 74 0 26' 56" EAST, 749.21 FEET; THENCE NORTH 1° 14' 28" EAST, 98.61 FEET TO THE BEGINNING OF A TANGENT 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25° 16' 17", A DISTANCE OF 141.14 FEET TO A POINT OF COMPOUND CURVATURE WITH A 170.00 FOOT RADIUS CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 50 0 29' 15", A DISTANCE OF 149.80 FEET; THENCE NORTH 77 0 00' 00" EAST, 105.00 FEET; THENCE NORTH 10 0 51' 36" EAST, 45.00 FEET; THENCE NORTH 48 1 09 38" EAST, 100.00 FEET; THENCE NORTH 81 0 00' 02" EAST, 116.38 FEET; THENCE NORTH 54 0 28' 37" EAST, 190.00 FEET; THENCE SOUTH 88 0 11' 15" EAST, 498.53 FEET; THENCE NORTH 35 0 00' 00" EAST, 248.53 FEET; THENCE NORTH 5 0 45' 52" WEST, 72.67 FEET TO THE BEGINNING OF A TANGENT 130.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 0 00' 00", A DISTANCE OF 204.20 FEET; THENCE NORTH 84 0 14' 08" EAST, 133.77 FEET; THENCE NORTH 5 0 45' 52" WEST, 203.56 FEET; THENCE NORTH 48 0 15' 49" WEST, 660.70 FEET; THENCE SOUTH 61 0 30' 36" WEST, 564.71 FEET; THENCE NORTH 58 0 20' 08" WEST, 396.85 FEET; THENCE NORTH 49 0 08' 59" WEST, 187.92 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID LOT 44; THENCE SOUTHWESTERLY, NORTHWESTERLY, AND NORTHEASTERLY ALONG SAID BOUNDARY THE FOLLOWING 9 COURSES: SOUTH 51 0 40' 30" WEST, 136.00 FEET; THENCE SOUTH 37 0 20' 16" WEST, 104.67 FEET; THENCE SOUTH 53° 15' 28" WEST, 62.18 FEET; THENCE SOUTH 81 0 11' 02" WEST,. 71.00 FEET; THENCE NORTH 69° 28' 45" WEST 68.78 FEET; THENCE NORTH 59 0 56' 02" WEST, 29.61 FEET; THENCE NORTH 31 0 03' 00" WEST, 107.00 FEET; TNCE NORTH 3° 27' QgT' WEST, 68.00 FEET; THENCE NORTH 20 0 02' 55" EAST, 67.62 FEET TO THE SOUTHEASTERLY SIDELINE OF MISSION ESTANCIA AND A POINT ON THE ARC OF A 1042.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL TO Page 1 of 3 SAID POINT BEARS SOUTH 370 03' 10" EAST, THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY SIDELINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15 0 01' 25 11 , A DISTANCE OF-273.22 -FEET; THENCE LEAVING SAID SIDELINE, SOUTH 88 0 19' 27" EAST, 2.20 'EET; THENCE SOUTH 69 0 22' 31" EAST, 58.45 FEET; THENCE SOUTH 46° 19' 32" EAST, 75.55 FEET; THENCE SOUTH 31 0 03' 00" EAST, 342.57 FEET; THENCE SOUTH 14 0 36' 24" EAST, 64.20 FEET; THENCE SOUTH 4 0 12' 01" WEST, 66.32 FEET; THENCE SOUTH 23 0 19' 47" WEST, 66.79 FEET; THENCE SOUTH 42° 42' 34" WEST, 67.80 FEET; THENCE SOUTH 60 0 54' 00" WEST, 465.67 FEET; THENCE SOUTH 62° 08' 51" WEST, 72.95 FEET; THENCE SOUTH 67 0 58' 00" WEST, 141.52 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT 44; THENCE SOUTHEASTERLY ALONG SAID LINE, SOUTH 220 02' 00" EAST, 230.00 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTH 67 0 58' 00' EAST, 50.00 FEET; THENCE SOUTH 22 0 02' 00" EAST, 200.00 FEET TO THE BEGINNING OF A TANGENT 1080.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12 0 44' 30" A DISTANCE OF 240.17 FEET THENCE SOUTH 90 17' 30" EAST, 150.00 FEET TO THE BEGINNING OF A TANGENT 980.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8 0 22' 13 11 , A DISTANCE OF 143.17 FEET TO THE TRUE POINT OF BEGINNING. 91 No32O14 OF I Page 2 of 3 txl H w H I .' II N 32014 CML 6av. C 0 N S U L T AN T S l')f) 41(fl,d(7 F:winac Civil Fngine.ring Suite 204 Planning ('s',I.J,'wl California 92009' Processin.T 619-931.7700 Surveying F'pv M9.931.86R() t at ., p Fieldstone/La Costa Conservation Easement San Diego County 29.9± acres CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by deed or grant, dated March 8. 1994 from Fieldstone/La Costa Associates Limited Partnership to the State of California, is hereby accepted by the undersigned officer on behalf of the State of California, pursuant to authority conferred by authorization of the Fish and Game Commission, Department of Fish and Game, Resources Agency, State of California, adopted on May 10, 1994 and the transferor consents to the recordation thereof by its duly authorized officer. STATE OF CALIFORNIA Resources Agency Department of Fish and Game By W. Jog Schmidt Executive Director Wildlife Cotiservation Board Date 4- DEPARTMENT OF GE 3 kv - ( F. WARREN CALDWELL,enjor Real Estate Officer Office of Real Estate and Design Services 7,e,I GRANT OF EASEMENT FOR VALUAt3LC CONSIDERATION, recIpt of which is hereby acknowledged, SAN DIEGUITO UNION HIGH SCHOOL DISTRICT, a California School District (District) (GRANTOR) Drants to the City of Carlsbad, a municipal corporation (City) an open Space/conservation easement in perpetuity for the purpose of preserving and maintaining the sensitive habitat located on the uM property described on attached Lxhibit "A" located in the City. The Grant of Easement is pursuant 10 the following RECITALS: A. The real property described in Exhibit "A 9 (Property) isa portion of certain real propnty conveyed by FIeldstone/La Costa Associates Limited Partnership (Fieldstone) to the San Diegulto Union High School District on December 27, 1989. Fieldstone reserved the right in said transfer to use a portion of the real property to meet anticipated "mitigation" conditions of the City for theright to develop other Fieldstone property in the City. B. In Implementation of Fioldstone's reserved right, District grants to the City an upn space/conservation easement over the Property to insure its continued use as habitat for the California Gnatcatcher. C. City has approved a plan for the creation, maintenance and preservation of the habitat as more specifically Set forth in Exhibit "B", NOW, IHThFORE, the parties agree as follows: 1. Grantor hereby grants to City an open space/conservation easement in perpetuity for California Gnatcatcher habitat over the Property. 2. Fieldstone shall have the right to enter the Property for the purpose of crnatinO, maintaining and preserving the habitat described in attached Exhibit "B". > •L \ IN WITNESS Wl-ThhEOF this Instrurnimt has boen executod by GRANTOR this 23 day of Sept, 1591, SAN D1GUITO UNION HIGI I SCHOOL DISTRICT By c.Q . Secretary/Board of Trustees Grantee hereby accepts this Grant of Open SpacefCumerveition Easement pursuant to 'tho terms herein. CITY OF CARLSBAD a municipal corporation CITY OF CARLSBAD COASTAL SAGE SCRUB CONSERVATION PROGRAM DEPARTMENT OF FISH AND GAME AND FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP MANAGEMENT AND MITIGATION AGREEMENT This Agreement ("Agreement") is made and entered into as of February f 41 , 1992, (the "Effective Date") by and between Fieldstone/La Costa Associates Limited Partnership, a California limited partnership (hereinafter referred to as the "Company"), and the California Department of Fish and Game (hereinafter referred to as the "Department"). RECITALS This Agreement is based on the following facts: WHEREAS, pursuant to Section 1802 of the California Fish and Game Code, the Department has jurisdiction over the conservation and protection of fish, wildlife and native plants, and holds those resources in trust for the people of California; WHEREAS, the Company, the Department and the City of Carlsbad (the "City") have agreed to cooperate in a program for the preparation of a habitat conservation plan for the conservation of diegan coastal sage scrub habitat ("Carlsbad HCP Program") in a Memorandum of Understanding dated August 2, 1991 ("MOU"); WHEREAS, pursuant to Section 3 of Chapter 765 of the Statutes of 1991, actions undertaken pursuant to this Agreement are exempt from the Natural Community Conservation Planning Act, as provided in the statute; WHEREAS, one or more of the species generally known to inhabit diegan coastal sage scrub habitat ("Species of Concern"), including but not limited to the California gnatcatcher (polioptila californica) ("gnatcatcher"), may be listed as an "endangered," "threatened" or "candidate" species under the California Endangered Species Act (California Fish and Game Code §§ 2000 et seq.) ("CESA"); WHEREAS, on July 7, 1990, based upon biological and natural resources data available at that time, the City certified an environmental impact report for the Company's proposed 670-acre residential development known as Arroyo La Costa (the "Project") located on the lands within the City described in Exhibit "1" attached hereto (the "Project Site"); dfg92.,'VA (Feb 27, 1992) - 1 - or WHEREAS, the City approved and the Company is in the process of developing the Project as a part of the 2200 acre residential and commercial development In the City known as the Villages of La Costa; WHEREAS, the Company intends to undertake additional mitigation measures described below to further lessen the identified Impacts of the Project, including the provision of partial funding for the programs described below; and WHEREAS, the Company desires to obtain assurances as to the effect on the Project of the listing of the gnatcatcher or other Species of Concern as "candidate", "threatened" or "endangered" species under CESA; WHEREAS, the Director of the Department endorsed an Agreement on January 28, 1992, pertaining to this subject matter and the parties now wish to supersede their prior Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1 The Agreement endorsed by the Department on January 28, 1992, pertaining to this subject matter is null and void. 2. COVENANTS OF THE COMPANY The following are covenants of the Company: a. Within twelve months from the Effective Date of this Agreement, the Company shall acquire and convey to the Department or its designee offsite replacement habitat ("Habitat Management Land") In the amount of 26 acres, or convey to the Department or its designee a conservation easement, substantially in the form described In Exhibit "3", over that certain parcel of land, comprising approximately 26 acres described In Exhibit "4", for the conservation of coastal sage scrub habitat for the gnatcatcher and other Species of Concern residing In coastal sage habitat. Such Habitat Management Lands shall be conveyed to the Department or its designee for management and preservation of the gnatcatcher and their related ecological communities. In the event the Company chooses to convey a conservation easement as described in this paragraph, such transaction is subject to the subsequent approval of the Department. b. Within 60 days of the Effective Date of this Agreement the Company will transfer to the Department an endowment of $26,000 ($1000/acre), the income from which will be available for operation and maintenance of the Habitat Management Lands conveyed to the Department or its designee pursuant to dfg92. M24 (Feb 27, 1992) - 2 - Section l.a. above. The Department will deposit such endowment funds in a special deposit account established pursuant to Government Code Section 16370. c. Within six months from the Effective Date of this Agreement, the Company will contribute the following amounts to the agencies and organizations set forth below: i. $25,000 to the City of Carlsbad to partially fund the Carlsbad HCP Program; ii. $5,000 to the California Resources Agency or the Department, for the Natural Community Conservation Program effort; iii. $5,000 to the San Diegito River Valley Regional Park Agency for strategic conservation planning; and iv. $10,000 to the San Diego Zoological Society or another organization, which organization is approved by the Department for coastal sage scrub revegetation studies and research. d. The Company will forthwith upon the Effective Date of this Agreement post security for the performance of the covenants set forth in Sections l.a., 1.b. and l.c. above, in the amount of $200,000, by causing to be issued to the Department an irrevocable letter of credit in a form substantially similar to Exhibit" 5", and attachments "A" and "B" thereto. The letter of credit shall be reduced from $200,000 by partial cancellation in increments equivalent to the amount of money paid pursuant to Sections 1.b. and l.c. above at the time that such sums are paid according to the terms of those sections. The letter of credit shall be canceled entirely when the Company fulfills its obligations set forth In this Agreement. Cancellation of the letter of credit in part or In whole shall be accomplished according to the terms of the Certificate, of Cancellation, substantially as set forth In attachment "B" to Exhibit "5" hereto. e. In the event that the Company or its successors, assignees, and/or agents do not choose to exercise any rights or entitlements to grade or disturb the Project Site, all Habitat Management Lands conveyed to the Department pursuant to Section l.a. above, all associated endowment funding transferred to the Department pursuant to Section 1.b. above and the sums contributed pursuant to Section ic. above shall be a mitigation credit in favor of the Company and available for use in mitigating other projects that impact coastal sage scrub habitat. Such credits are freely transferrable at the discretion of the Company. df992.ftfJ4 (Feb 27, 7992) - 3 - 3. DEPARTMENT FINDINGS AND DETERMINATIONS The Department has determined and agreed that: a. the Company is authorized to take the habitat and wildlife located on the Project Site pursuant to California Fish and Game Code Sections 2000 and 3007. b. in the event that the Fish and Game Commission of the State of California lists the gnatcatcher or other Species of Concern known to inhabit diegan coastal sage scrub habitat as "endangered", "threatened" or as a "candidate" under CESA, the Department shall forthwith issue to the Company a permit to take the listed species and its habitat on and within the Project Site pursuant to Section 2081 of the Fish and Game Code. Absent changed biological conditions, the permit shall be substantially as that shown in the attached Exhibit "2". 4. COVENANTS OF DEPARTMENT The Department covenants that In exercising its discretion with respect to changed biological conditions under Section 2.b. above, the Department shall use its best efforts to act consistently with and carry out the intent of this Agreement. In this regard the parties shall be governed by the covenant of good faith and fair dealing. 5. MISCELLANEOUS PROVISIONS a. REMEDIES In the event of any breach in the provisions of this Agreement, the parties hereto may pursue all legal and equitable remedies available to them. b. GOVERNING LAW This Agreement shall be governed by the laws of the State of California. C. FURTHER ACTIONS AND AMENDMENT From time to time hereafter, the Company and the Department shall execute such instruments and other documents and take such other actions, upon the request of the other, as may be necessary to carry out the Intent of this Agreement. This Agreement shall be amended or modified only by a written Instrument duly executed by the Company and the Department. dfg92.i'V.4 (Feb 27, 1992) - 4 - d. EFFECTIVE DATE This Agreement shall be effective upon execution by both the Company and the Department. e. SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit of and bind the parties hereto and their successors and assigns. This Agreement Includes and Incorporates the Following: 1. EXHIBIT 1: Description of Project Site. 2. EXHIBIT 2: Form of California Endangered Species Act Management Permit. 3. EXHIBIT 3: Conservation Easement Form 4. EXHIBIT 4: Description of that certain parcel of land over which a conservation easement will be conveyed. 5. EXHIBIT 5. Form of Irrevocable "Standby" Letter of Credit. a. Attachment A to Exhibit 5, the Certificate for Drawing. b. Attachment B to Exhibit 5, the Certificate for Cancellation. dfg92.i54 (Feb 27, 1992) 5 - IN WITNESS WHEREOF, the parties execute this Agreement as of the 'Mv day of __ 1992. DEPARTMENT OF FISH AND GAME OF THE STATE OF CALIFORNIA 1416 Ninth Street Sacramento, California 95814 By: e"') a_ -'~' ~~ - ~ -r-oyd Gtons, Director " of California Department of Fish and Game Date:._____________ FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, By: The Fieldstone Company, a California Corporation General By: Date: Appro ed as to form: rT Eugene V. Toffoli, Legal Ad+isor California Department of Fish and Game dfg92.?C.4 (Feb 27, 1992) - 6 - EXHIBIT 1 EGADESCRIPTION - -- FOR CERTIFICATE OF COHPLIARCE PARCELS 1-4 MS 862 A PORTION OF THE SOUTH HALF OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,- PORTIONS OF FRACTIONAL SECTIONS 1 AND 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, TOGETHER WITH PORTIONS OF LOT 1, 2, 3, 4, 9, 10 AND 11 OF RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, AND LOT 13 OF LA COSTA CANADA ACCORDING TO MAP T±fREOF NO. 7205 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, ALL IN THE CITY OF cARLSBAD, COUNTY OF. SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 BEGINNING AT THE NORTHWEST CORNER OF CARLSBAD TRACT NO. 73-18, UNIT NO. 3, ACCORDING TO MAP THEREOF NO. 8258, ON FILE IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE WESTERLY BOUNDARY OF SAID MAP AND THE SOUTHERLY PROLONGATION THEREOF 1. SOUTH 02 0 55'51" EAST 2,081.24 FEET MORE OR LESS TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF OLIVEN- RAIN ROAD, A 60.00 FOOT WIDE ROAD EASEMENT PER DOCUMENT RECORDED AUGUST 25, 1961 AS DOCUMENT NO. 149167 OF OFFICIAL RECORDS, ON FILE IN THE OFFICE OF SAID COUNTY RE - CORDER AND AS -SHOWN ON MAP NO. 8145 ON FILE IN THE OFFICE OF SAID COUN- TY REORDER; THENCE ALONG SAID RIGHT-OF-WAY 2. SOUTH .89 0 17 ' 01" WEST - 116.95 FEET; THENCE 3. NORTH 87 0 55 1 20" WEST 587.29 FEET TO THE BEGINNING OF A 772.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID Ct1RV 4. WESTERLY 20.77 FEET THROUGH A CENTRAL ANGLE OF 01 0 32 1 30" MORE OR LESS TO A POINT ON THE WESTERLY BOUNDARY OF LOT 1 OF SAID MAP NO. 848; THENCE ALONG SAID BOUNDARY EXHIBIT 'A', PAGE 2 S. NORTH 20 0 02 1 35" WEST. 603.51 FEET MORE OR LESS TO AN ANGLE POINT IN THE WESTERLY BOUNDARY OF RECORD OF SURVEY NO. 7624 ON FILE IN THE OFFICE OF SAID COUNTY RECORDER, WHICH POINT LIES NORTH 89 0 16 1 23" EAST 398.31 FEET FROM THE EASTERLY RIGHT-OF-WAY OF EL CAMINO REAL AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG THE BOUNDARY OF SAID RECORD OF SURVEY 6. SOUTH 89 0 16 1 23" WEST 398.31 FEET MORE OR LESS TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF EL CAMINO REAL, A 90.00 FOOT WIDE ROAD EASE- MENT PER DOCUMENT RECORDED NOVEM- BER 28, 1969 AS DOCUMENT NO. 217326 • . OF OFFICIAL RECORDS, FILED IN THE OFFICE OF SAID COUNTY RECORDER, BEING ALSO A POINT ON THE ARC OF A NON-TANGENT 9,045.00 FOOT CURVE CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY 7. NORTHERLY 477.02 FEET THROUGH A CENTRAL ANGLE OF 03 0 01 1 18"; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY 8. NORTH 03 0 44 1 55" WEST 1 1 061.59 FEET TO THE BEGINNING OF A 2,045.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY 9. NORTHERLY 158.64 FEET THROUGH A CENTRAL ANGLE OF 04 0 26 1 41"; THENCE LEAVING SAID RIGHT-OF-WAY 10. NORTH 83 0 53 1 56" EAST 554.14 FEET TO THE BEGINNING OF 893.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE 11. EASTERLY • 98.09 FEET THROUGH A CENTRAL ANGLE OF 06 0 17 1 36" TO THE BEGINNING OF A NON-TANGENT 25.00 FOOT RADIUS COM- POUND CURVE CONCAVE WESTERLY A RADIAL FROM SAID POINT BEARS NORTH 12 0 23 1 40" WEST; THENCE ALONG THE ARC OF SAID CURVE 12. NORTHERLY 9.29 FEET THROUGH A CENTRAL ANGLE OF 21 0 17 1 33"; THENCE 13. NORTH 1 0 19 1 32" EAST 68.91 FEET TO THE BEGINNING OFA NON-TANGENT 25.00 FOOT RADIUS CURVE CONCAVE • NORTHEASTERLY, A RADIAL FROM SAID V. EXHIBIT 'A', PAGE 4 5. NORTH 68 0 21 1 23" WEST 77.35 FEET; THENCE 6. SOUTH 75000 '48" WEST 168.50 FEET; THENCE 7. SOUTH 79 0 57 1 17" WEST 407.74 FEET TO A POINT ON THE ARC OF A NON- TANGENT 360.00 FOOT RADIUS CURVE CONCAVE 'WESTERLY, A RADIAL FROM SAID POINT BEARS NORTH 76 0 47 1 11" WEST; THENCE ALONG THE ARC OF SAID CURVE 8. NORTHERLY 173.32 FEET THROUGH A CENTRAL ANGLE OF 27 0 35 1 06"; THENCE 9. NORTH 14 0 22 1 17" WEST 33.48 FEET TO THE BEGINNING OF A 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 10. NORTHEASTERLY 37.92 FEET THROUGH A 'CENTRAL ANGLE OF 86 0 53 1 59"; THENCE 11. NORTH 05 0 21 1 03" WEST 86.10 FEET TO THE BEGINNING OF A NON-TANGENT • 25.00 •FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL FROM SAID POINT BEARS NORTH 18°36'45" WEST; THENCE ALONG THE ARC OF SAID' CURVE 12. NORTHWESTERLY 43.30 FEET THROUGH A 'CENTRAL ANGLE OF 99 0 14 1 28"; THENCE 13. SOUTH 71 0 19'32" WEST ' 68.91 FEET TO THE BEGINNING OF A NON-TANGENT 25.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL FROM SAID POINT BEARS SOUTH 80 0 37 1 43" WEST; THENCE ALONG THE ARC OF SAID 'CURVE 14. SOUTHERLY 9.29 FEET THROUGH A CENTRAL ANGLE OF 21 0 17'33" TO THE BEGINNING OF A 893.00 FOOT RADIUS NON-TANGENT COMPOUND CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE 15. WESTERLY 98.09 FEET THROUGH A CENTRAL ANGLE OF 06 0 17 1 36"; THENCE 16. SOUTH 83 0 53 1 56" WEST 554.14 FEET MORE OR LESS TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF SAID EL CAMINO REAL, BEING A POINT ON THE ARC OF A NON-TANGENT 2,045.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A. RADIAL FROM SAID POINT BEARS SOUTH 81 0 48 1 24" WEST; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY - EXHIBIT 'A', PAGE 5 17. NORTHERLY 1,001.90 FEET THROUGH A CENTRAL ANGLE OF 28 0 04 1 15"; THENCE CONTINUING ALONG SAID RIGHT-OF--WAY 18. NORTH 36 0 15 1 51" WEST 291.95 FEET TO THE BEGINNING OF A 1,970.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY 19. NORTHERLY 753.77 FEET THROUGH A CENTRAL ANGLE OF 21°55 1 22" MORE OR LESS TO THE SOUT- HWEST CORNER OF CARLSBAD TRACT NO. 75-7, ACCORDING TO MAP THEREOF NO. 8379, ON FILE IN THE OFFICE OF SAID COUNTY RECORDER; THENCE LEAVING SAID RIGHT-OF-WAY ALONG THE SOUTH- ERLY BOUNDARY OF SAID MAP 20. NORTH 75 0 38 1 38" EAST 18.00 FEET THE BEGINNING OF* A NON-TANGENT 25.00 FOOT .RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL FROM SAID POINT BEARS NORTH 75 0 38 '38" EAST; THENCE ALONG THE' ARC OF SAID CURVE, AND BOUNDARY 21. NORTHEASTERLY AND 40.15 FEET THROUGH A CENTRAL ANGLE OF EASTERLY 92 0 00 1 22"; THENCE CONTINUING ALONG SAID BOUNDARY 22. NORTH 77 0 39 1 00" EAST 493.82 FEET TO THE BEGINNING OF A 642.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 23. NORTHEASTERLY 504.89 FEET THROUGH A CENTRAL ANGLE OF 45 0 03 1 33" TO THE BEGINNING OF A 200.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID. CURVE 24. EASTERLY 204.79 FEET THROUGH A CENTRAL ANGLE OF 58 0 40'01" TO THE BEGINNING OF A 330.00 FOOT RADIUS REVERSE CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE 25. EASTERLY 26. NORTH 56 0 29 1 30" EAST 27. EASTERLY 200.24 FEET THROUGH A CENTRAL ANGLE OF 34 0 45 1 58" THENCE 95.19 FEET TO THE BEGINNING OF A 470.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE 201.50 FEET THROUGH A CENTRAL ANGLE OF 24 0 33 1 50"; THENCE EXHIBIT 'A', PAGE 6 28. NORTH 81 0 03 1 20" EAST 379.30 FEET TO THE BEGINNING OF A 1 1 470.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE 29. EASTERLY 94.93 FEET THROUGH A CENTRAL ANGLE OF 03 0 42 1 00"; THENCE 30. NORTH 84 0 45 1 20" EAST 20.00 FEET MORE OR LESS TO THE MOST SOUTHERLY CORNER OF CARLSBAD TRACT NO. 72-24 ACCORDING TO MAP NO. 7895 ON FILE IN THE OFFICE OF SAID COUNTY RE- CORDER WHICH LIES ON .THE SOUTHERLY RIGHT-OF-WAY OF ANILLO WAY AS SHOWN ON SAID MAP; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID MAP 31. NORTH 84 0 45 1 20" EAST 226.50 FEET TO THE BEGINNING OF A 678.00 FOOT - RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE RIGHT-OF-WAY AND BOUNDARY 32. NORTHEASTERLY 382.54 FEET THROUGH A CENTRAL ANGLE OF 32 0 19 1 39"; THENCE 33. NORTH 52 0 25 1 41" EAST 318.50 FEET MORE OR LESS TO A POINT ON THE WESTERLY BOUNDARY OF -LA COSTA SOUTH UNIT NO. 6, ACCORDING TO MAP THERE- OF NO. 6604, ON FILE IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID BOUNDARY 34. SOUTH 50 0 33 1 05" WEST 367.52 FEET; TO THE SOUTHWEST CORNER OF SAID MAP; THENCE ALONG THE SOUTHERLY - BOUNDARY OF SAID MAP 35. SOUTH 89 0 17 1 41" EAST 511.43 FEET; THENCE 36. NORTH 40 0 52'17" EAST 922.56 FEET MORE OR LESS TO THE MOST NORTHERLY CORNER OF SAID LOT 13 MAP NO. 7205; THENCE ALONG THE BOUNDARY OF SAID. LOT 37. SOUTH 49 0 07 1 43" EAST 375.00 FEET; THENCE 38. SOUTH 55 0 00 1 00" EAST . 102.07 FEET; THENCE 39. SOUTH 33 0 59'50" WEST 92.07 FEET; THENCE 40. SOUTH 63 0 15'00" WEST 88.18 FEET; THENCE 41. SOUTH 04 0 10 1 45" EAST 77.48 FEET TO A POINT ON THE RIGHT-OF-WAY OF CALINA WAY AS SHOWN ON SAID MAP EXHIBIT 'A', PAGE 7 42. SOUTHERLY AND SOUTHEASTERLY 43. SOUTH 16 0 05 1 20" WEST 44. NORTH 89°17 1 02" WEST 45. SOUTH 67 0 09 1 58" WEST 46. SOUTH 22 0 35'18 11 WEST 47. SOUTH 15 0 13 1 12" EAST 48. SOUTH 00 0 09'54" EAST 49. SOUTH 27 0 06 1 14" WEST 50. SOUTH 11 0 32 1 49" WEST 51. SOUTH 47 0 21'19" EAST 52. SOUTH 7804414711 EAST 53. SOUTH 03 0 21 1 43" WEST 54. SOUTH 37 0 13 1 28" EAST 55. SOUTH 68 0 37 1 15" EAST 56. SOUTH 01 0 08'45" WEST 57. WESTERLY 58. SOUTH 08 0 57 1 45" EAST WHICH LIES ON THE ARC OF A NON- TANGENT 48.00 FOOT RADIUS CURVE CONCAVE EASTERLY A RADIAL FROM SAID POINT BEARS SOUTH 04 0 10 1 45" EAST; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY BOUNDARY 133.82 FEET THROUGH A CENTRAL ANGLE OF 159 0 43 1 55" TO THE NORTHEAST CORNER OF LOT 14 OF SAID MAP; THENCE LEAV- ING THE ARC OF SAID CURVE AND RIGHT-OF-WAY 122.49 FEET MORE OR LESS TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID MAP NO. 7205 HEREBY DESIGNATED AS POINT 'A'; THENCE LEAVING BOUNDARY 72.29 FEET; THENCE 179.25 FEET; THENCE. 98.24 FEET; THENCE 213.29 FEET; THENCE 186.67 FEET; THENCE 439.53 FEET; THENCE 134.26 FEET; THENCE 119.12 FEET; THENCE 182.33 FEET; THENCE 124.92 FEET; THENCE 110.51 FEET; THENCE 107.19 FEET; THENCE 125.23 FEET TO A POINT ON THE ARC OF A NON- TANGENT 2 1 208.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY A RADIAL FROM SAID POINT BEARS SOUTH 01 0 08 1 45" WEST; THENCE ALONG THE ARC OF SAID CURVE 389.54 FEET THROUGH A CENTRAL ANGLE OF 10 0 06 1 30 1" THENCE 120.63 FEET; THENCE EXHIBIT 'A', PAGE 8 59. SOUTH 14 0 34 1 52" WEST 60. SOUTH 64 0 55 1 52" EAST 61. SOUTH 05 0 46 1 21" WEST 62. SOUTH 44 0 41'01" EAST 261.53 FEET;. THENCE 86.44 FEET; THENCE 212.21 FEET; THENCE 215.94 FEET; THENCE 63. SOUTH 21°52'59" WEST 351.68 FEET MORE OR LESS TO A POINT ON THE NORTHERLY BOUNDARY OF SAID MAP NO. 8258; THENCE ALONG SAID BOUNDARY 64. SOUTH 87 0 30 1 15" WEST 1,155.48 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 212.96 ACRES MORE OR LESS. PARCEL 3 BEGINNING AT POINT 'A' AS DESIGNATED IN PARCEL 2 ABOVE; THENCE ALONG THE SOUTHERLY BOUNDARIES OF LA COSTA CANADA ACCORDING TO MAP THEREOF NO 7205 AND LA COSTA SOUTH UNIT NO. 7, ACCORDING TO MAP THEREOF NO. 6612, ON FILE IN THE OFFICE OF SAID COUNTY RECORDER 1. SOUTH 89 0 17 1 26" EAST 1 1 362.74 FEET MORE OR LESS TO THE NORTHWEST COR- NER OF CARLSBAD TRACT NO. 73-2, ACCORDING TO MAP THEREOF NO. 8059, ON FILE IN THE OFFICE OF SAID COUN- TY RECORDER; THENCE ALONG THE BOUNDARY OF SAID MAP 735.37 FEET; THENCE CONTINUING 227.18 FEET; THENCE 45.61 FEET; THENCE 633.56 FEET; THENCE 178.98 FEET; THENCE 111.90 FEET; THENCE 111.90 FEET; THENCE 246.50 FEET; THENCE 81.90 FEET; THENCE 424.00 FEET; THENCE 127.10 FEET; THENCE 2. SOUTH 01 0 35 1 31 11 WEST 3. NORTH 83 0 00'00" EAST 4. NORTH 88 0 36'05" EAST 5. SOUTH 78 0 00'00" EAST 6. SOUTH 18 0 40 1 20" WEST 7. SOUTH 12 0 42'25" EAST 8. SOUTH 43 0 53'30" EAST 9. SOUTH 78 0 00'00" EAST 10. NORTH 85 0 00'00" EAST 11. NORTH 78 0 00'00" EAST 12. NORTH 88°30'55" EAST 13. SOUTH 75°00 1 00" EAST 334.00 FEET; THENCE 14. SOUTH 34 0 45 1 00" EAST 15. SOUTH 75 0 09'58" EAST 16. SOUTH 70 0 53 1 37" EAST 17. SOUTH 19 0 05 1 49" WEST 18. SOUTHERLY 19. SOUTH 47 0 37 1 40" WEST EXHIBIT 'A', PAGE 9 89.00 FEET; THENCE 301.89 FEET MORE OR LESS TO THE SOUTHEAST COR- NER OF SAID MAP NO. 8059, BEING ALSO A POINT ON THE WESTERLY RIGHT- OF-WAY OF ROAD SURVEY NO. 454, A 60.00 FOOT WIDE ROAD EASEMENT PER DOCUMENT RECORDED JANUARY 21, 1930 IN BOOK 1737 ON PAGE 4 OF DEEDS OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE 30.00 FEET MORE OR LESS TO A POINT ON THE CENTERLINE OF SAID ROAD SURVEY NO. 454; THENCE ALONG SAID CENTERLINE 823.65 FEET TO THE BEGINNING OF A 1,000.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE 497.96 FEET THROUGH A CENTRAL ANGLE OF 28 0 31 1 51"; THENCE 661.34 FEET; THENCE LEAVING SAID .CENTERLINE 20. NORTH 62 0 48 1 02" WEST 1 1 351.72 FEET TO THE BEGINNING OF A 1,158.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20 0 26 1 27"; THENCE TO THE BEGINNING OF A 2 1 208.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE 20. NORTH 42°21 1 35" WEST 498.90 FEET 21. NORTHWESTERLY 413.13 FEET 23. WESTERLY 1,004.02 FEET THROUGH A CENTRAL 26 0 03 1 13"; THENCE 24. NORTH 01 0 08 1 45" EAST 125.23 FEET; THENCE 25. NORTH 68 0 37'15" WEST 107.19 FEET; THENCE 26. NORTH 37 0 13 1 28" WEST 110.51 FEET; THENCE 27. NORTH 03 0 21 1 43" EAST 124.92 FEET; THENCE 28. NORTH 78 0 44 1 47" WEST 182.33 FEET; THENCE 29. NORTH 47 0 21 1 19" WEST 119.12 FEET; THENCE 30. NORTH 11 0 32 1 49" EAST 134.26 FEET;. THENCE ANGLE OF 439.53 FEET; 186.67 FEET; 213.29 FEET; 98.24 FEET; 179.25 FEET THENCE THENCE THENCE THENCE MORE OR LESS TO THE SOUTHERLY BOUN- DARY OF SAID MAP NO. 6012; THENCE LEAVING SAID BOUNDARY 72.29 FEET TO THE POINT OF BEGINNING. 31. NORTH 27 0 06 1 14" EAST 32, NORTH 00009 '54" WEST 33. NORTH 15°13'12" WEST 34. NORTH 22 0 35 1 18" EAST 35. NORTH 67 0 09 1 58" EAST 36. SOUTH 89 0 17 1 02" EAST EXHIBIT 'A', PAGE 10 CONTAINS 140.27 ACRES MORE OR LESS. PARCEL 4 BEGINNING AT THE NORTHWEST CORNER OF AMENDED MAP OF SANTA FE RIDGE - UNIT NO. 2, CARLSBAD TRACT NO. 83-16, MAP NO. 10857, ACCORDING TO MAP THEREOF NO. 11019, ON FILE IN THE OFFICE OF SAID, COUNTY RECORDER; THENCE ALONG THE BOUN- DARY OF SAID MAP - 1.. SOUTH 02 0 55 1 51" EAST 354.52 FEET MORE OR LESS TO THE NORTHEAST COR- NER OF CARLSBAD TRACT NO. 73-18, UNIT NO. 5, ACCORDING TO MAP THERE- OF NO. 8363, ON FILE IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID MAP NO. 8363 AND THE WESTERLY PROLONGATION THEREOF 2. SOUTH 8703011511 WEST 899.52 FEET TO A POINT ON THE NORTHERLY BOUND- ARY OF MAP NO. 8258 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE LEAVING SAID BOUNDARY 3 • NORTH 21 0 52 1 59" EAST 4. NORTH 44 0 41'01" WEST 5. NORTH 05 0 46 1 21" EAST 6. NORTH 64 0 55 1 52" WEST 7. NORTH 14 0 34'52" EAST 351.68 FEET; THENCE 215.94 FEET; THENCE 212.21 FEET; THENCE 86.44 FEET; THENCE 261.53 FEET; THENCE 8. NORTH 08°57 1 45" WEST 120.63 FEET TO THE BEGINNING OF A NON-TANGENT 2,208.00 RADIUS CURVE CONCAVE SOUTHERLY A RADIAL FROM SAID POINT BEARS SOUTH 08 0 57 1 45" EAST; THENCE ALONG THE ARC OF SAID CURVE EXHIBIT 'A', PAGE 11 9. EASTERLY 1 1 393.57 -FEET THROUGH A CENTRAL ANGLE OF 36 0 09 1 43"; THENCE 10. SOUTH 62 0 48 1 02" EAST 1,351.72 FEET TO THE BEGINNING OF A 1,158.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 11. SOUTHEASTERLY 413.13 FEET THROUGH A CENTRAL ANGLE OF 20 0 26 1 27"; THENCE 12. SOUTH 42°21'35" EAST 498.90 FEET MORE OR LESS TO A POINT ON THE CENTERLINE OF SAID ROAD SURVEY NO. 454; THENCE ALONG SAID CENTERLINE 13. SOUTH 47 0 37 1 40" EAST 904.82 FEET TO THE BEGINNING OF A 1 1 000.00 FOOT • 0 RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE AND CENTERLINE 14. SOUTHWESTERLY 160.96 FEET THROUGH A CENTRAL ANGLE OF 09 0 13 1 20"; THENCE 15. SOUTH 38024 '20" WEST 320.27 FEET MORE OR LESS TO THE MOST EASTERLY • CORNER OF SAID MAP NO. 11019; THENCE ALONG THE BOUNDARY OF SAID MAP LEAVING SAID CENTERLINE 16. NORTH 51 0 35 1 40" WEST 61.00 FEET; THENCE 17. NORTH 65 0 28 1 00" WEST 348.38 FEET; THENCE 18. NORTH 28 0 12 1 00" WEST 224.02 FEET; THENCE 19. NORTH 07 0 00'00" WEST 570.00 FEET; THENCE 20. NORTH 58 0 56'00" EAST 330.00 FEET; THENCE 21. NORTH 13°05'00" EAST 140.00 FEET; THENCE 22. NORTH 18 0 27'00" WEST 440.50 FEET; THENCE 23. NORTH 00 0 03'00" EAST 54.00 FEET; THENCE 24 • NORTH 89 0 57 1 00" WEST 964.62 FEET TO THE POINT OF-BEGINNING. CONTAINS 68.37 ACRES MORE OR LESS. No. 5962 -1 0iP9 E x 51 LS 5962 EXPIRATION DE TAIL 4' NOT TO SCALE I ;rAAt'JA N 24' 27'00" E 8(82' N 5011' 50 11 z.00, Ab xk EXUIBIT '4.' qm~ R-1 R r' - i—\ J\ r) \ r),-r- r - (4I24'2'%"E //G.00 LIS -14 LEGEND ( ) INDICA TE6 RECORD DATA PER PARCEL MAP NO. 13524 VICINITY MAP NOT 7' SCALE PLAT TO ILL U5TR4TE LEQAL 5E5Cñ'IPT10iV OF PARK SITE 17/2/C14 1/ON (R) O. 22E06 , EXP. 12-31-93 / OF C INVI14 TE RAD AL DESIGNED DRA N CHECKED BY B 1'?s4 E*gO...rUlS 1010 scnd .a.e 5c1(i. $a, Dla CA 92)01 619-2356411 FAX 2340349 / C QO&AS C PA4 DATE fiCE 27606 U E!P/P$ 12-3/13 A 2117 ' '33 OFOR EASEMENT DATA SEE SHEET 6 R 2500 6891 = 9914'28" R 25.00' PARCEL 2 DETAIL 'A' 7119'32 = SEE SHEET 3 L 43.30' 743N R1 = 0617'36 N E R = 25.00' = 061736Ns\j R 893.00' 68.91' L = 43.30' - R = 893.00' L 98.09' L = 98.09' ' \\/ N 0521'03" W N 83"53'56 55414 86.10' N 88'10'09" E N 31'29'55 E A 211 3 SEE DETAIL 'A' 50.77' 70.96' A 042641 R = 25.00: B6 320 00, W R 2045.00' ELR)L = g.29 A — 2.5.o N N 14.22h17N W L = 15.64 \\ \ 33.48' 143 = 27.35'06 - N 87'30'15" E \R = 360.00' C 450.00' A.2. L = 173.32' 61 POB' 14 rn —Ii- PARCEL 1 1 n 1 4-4 Lfl & c,\\ AREA = 60.19 ACRES 1943k p > ~Vn 0 ~J - \\ - >". \\ 0 0 Ln LP (.7' —4 - Z hA (l 0 p 0 CL ROAD SURVEY CL \\ 1800-1 RICH —OF—WAY & SLOPE EASEMENT - AS DOC. NO. 217326, O.R. 90' . PER DOC. RECORDED 11-28-69 - 111 - 12' S.D.G.& E. EASEMENT® 1— Ii I1' 10' EASEMENT TO N 8916'23" I 0 PIPELINE CO. \\ SAN DIEGO ® Cb C= 398.31 0 Z \I' ROAD SURVEY \\ 682—A ®o. - ROAD SURVEY 1631 ® o PE8 \\ PER DOC. RECORDED \ 11 —1 8-25-61 AS DOC. - - ROAD 1631 SURYY\ NO. 149167, O.R. \\ 0 0F c ESSiO4 -4 \,cTY OF CAR -2o /11 I S ' AD 0 NO. 22606 EXP. 93 01" E I C)F B L=1'32'30" 55'20" W N 8917 R=772.00' op MAP 848 L=20.77' 587.29' 116.95' s_ RANCHO LAS ENCJNJTAS CITY OF ENCINITAS P i Project Design Comsuttmts 8/ h DATE: 7-30-91 J.N. 743.00 DRAWN ': DESBY: BY: DOU PAUL R.C.E. 22606 /DATE % EXPIRA11ON DATE: 12-31-93 PROJECT NAME PROJECT NO. EXHIBIT - ARROYO LA COSTA CE590 SHEET OF MS 862 1 1 6-SHEETS LA COSTA-SOUTH UNIT NO.6 114 MAP NO. 6604 42 '7p 61 42 CARLSBAD TRACT ND. 72-24 MAP NO. 7895 / 15 L=342'00" R=147O.00'—.. L=94.93' CARLSBAD TRACT NO, 75-7 -I. >c4y4 •"..>4 - - = 1006'30" 20' OLIVENHAIN MUNICIPAL R = 2208.00' WATER DISTRICT EASEMENTL = 389.54' 30' SEWER AND UTILITY EASEMENT SCALE: 1 = 500' I 178 'I LO rB 0 U1P ,-• In LO N 00'33'05" E 367.52' N 52'25'41" E 318.50' PARCEL 2 AREA = 212.96 ACRES co OAK t155! TPOB PARCEL 2 FOR EASEMENT DATA SEE SHEET 60 \1 TAIDI II - rL'r\ It\DL1Lt\ILL) N 631'00 E 88.18 SEE SHEET 6 OF 6 )4 0410145N w(R) I 77.48' L= 159'4355" .PARCEL R = 48.00' L = 133.82' SEE SHEET 4 N 3359' 92.0 59 7 " N 55'55'00" W 102.07 DATA SHEETS PARCEL 4 20' CABLE TELEVISION EASEMENT IN 16'05'20" E (R)122.49' POINT' t15 L— ç 60 ROAD, UTILITY & SEWER EASEMENT N 445'20" E Ill 'Afl' LtU.'LJ 20' EASEMENT TO N 81 29M E OLIVENHAIN MUNICIPAL 7 379.3,0 WATER DISTRICT = 470.00' 150' S.D.G.& E. EASEMENT (WITH 20' TREE TRIMMING C2( EASEMENT ON EITHER SIDE) C3< 4 S.D.C.& E. EASEMENT C4 S.D.G.& E. EASEMENT 538' S.D.G.& E. ESMT. \ \ PIPELINE CO. \ 10' ESMT. TO SAN DIEGO GREEN VALLEY KNOLLS N 33Q'WJRJ MAP ND. 8379 L = 01.5O' N 5'2930" E 95.9 7-L= S 4•45'5" ' R = 330.00 L = = 5840'0 2Q0.24' -," / R = 200.00 L = 204.7' -4 ci UJ LjJW T3 P03 PARCEL 2 i = 27'35'06" R = 360.00' L = 173.32' r AD TRACT CID Lf NO. 22606 EXP 12-3 ND. 83-1 AP NO. tJOBS Project Design Consultants DATE: 7-30-91 J.N. 743.00 ~w DESIG 2 Y: BY: PROJECT NAME Tro0 OA , SUR VE'?' 682 EL CAMIN0 4- co \A R OAD SURVEY 1800-1 - ' PER DOC. RECORDED 11-28-69 ,1 AS DOC. No. 217326 PUBLIC HIGHWAY col co 92'00'22" 'EASEMENT , O.R. , R = 25.00' L = 40.1 DOUGLTAUL R.C.E. 22606 1 DATE EXPIRATION DATE: 12-31-93 PROJECT NO. EXHIBIT CE590 SHEET 3 OF 6 SHEETS ARROYO LA COSTA MS 862 - PAUL R.C.E. 22606 IATE DATE: 12-31-93 1 PROJECT NF. CE590 EXHIBIT 'B' SHEET 1 OF 6 SHEETS LO.CATION MAP BEARINGS AND DISTANCES SHOWN HEREON ARE A COMPILA11ON OF EXISTING DATA ONLY. SOME DISTANCES SHOWN ARE OF NO RECORD DUE TO EXISTING BOUNDARY AND RIGHT-OF-- WAY INTERSECTIONS WHICH HAVE NOT BEEN 41 k MAPPED PREVIOUSLY. PARCEL 2 PARCEL 3 SEE SHEET 3 SEE SHEET 4 PARCEL 4 SEE SHEET 5 PARCEL 1 1: SEE 'SHEET 2 L OUVNHAIN ROAD THIS PARCEL MAP IS FOR FINANCIAL PURPOSES ONLY. NO BUILDING PERMIT SHALL BE ISSUED FOR ANY PARCEL UNTIL IT IS FURThER SUBDIVIDED PURSUANT TO THE PROVISIONS OF TITLE 20 OF THE CARLSBAD MUNICIPAL CODE. SSfk (c 0. 22606 i- -U \ EXP. 12-31-93 .-.--. 'k OF C\Y/' LA COSTA AVENUE LA COST SITE rn ROAD Project Design Consv.ltamts DATE: 7-30-91 J.N. 743.00 L) DESIGN,JD BY: CHECD BY: - DOUGU EXPIRA PROJECT NAME ARROYO LA COSTA MS 862 PER DOC. RECORDED 1-21-30 7 7 / CL ROAD SURVEY 454 IN BOOK 1737 ON PAGE •'l% 77y4 4 OF DEEDS 23 PUBLIC ROAD AND .821 "130 Cp SLOPE EASEMENT ROAD / PER DOC. RECORDED 454 10-29-85 AS /P NO. = 09i3'20 (" 24 5135140M W 85-404384, 3s • R = 1000.00' N L423LRl.. L = 160.96' 320.27' t 61.00' A= 2026'27" R= 1158.00' CNO In L= 413.13' (0 PARCEL 4 oQz ( , AREA = 68.37 ACRES N 13'05'00" E AMENDD MAP OF N SANTA FEE RIDGE 140.00' 2 UNIT I CARLS8AD TRACT NO 83-16., MAP ND 10565 MAP NO 11018 00 -. OFOR EASEMENT DATA SEE SHEET 6 p to ,. AMENDED MAP OF SANTA FE RJDG b 0 9 UNiT NO, 2 CAJRLSAD TRACT NO, 53-15., Z MAP ND, 10857 MAP NO.. 11019 z — / N27-1 1'58" — I 0 • 337 • ,OESSIo *\ 00 b 411226O6 P.O.B. 0 EXP. 12-31-93 ) OF CA -0 3 \4iv4i PARCEL 4 LA çl\ . AREA = 68.37 ACRES (71 20' CABLE 1V EASEMENT ® _22'59" SEE SHEET 4 °- ,p - 11 64'55'52" W 86.44' S cp - N O8'57'45" W 20.63'(R) 14 8''/ •4l34'52 Project Design ConsuLtants DATE: 7-30-91 J.N. 743.00 DESIGNED BY: ID0UG. PAUL R.C.E. 22606 DATE DRAY: JECqJO. By: EXPIRATION DATE: 12-31-93 EXHIBIT 'B SHEET 5 PROJECT NAME ARROYO LA COSTA J E590 6 SHEETS OF MS 862 I- w L4J U) 14J CL 0 -J V) 0 z 0 0 0 = ID a. co ., NJ NJ 0 (N (0 PARCEL 'MAP NO. 71397 0 PARCEL 2 \ PARCEL 1 n23 PUBLIC ROAD AND SLOPE EASEMENT PER DOC. RECORDED 10-29-85 N C. NO. 85-404384, O.R. 'N 75.09)58w W N 344 OO"W 28'31'51 B 89.00' 75'00'00" W L= 497.96' A 10 Dot"l2t i;355f7 20' OLIVENHAIN MUNICIPAL WATER DISTRICT EASEMENT - N 83'00'00" E 227.18' LEUCADIA COUNTY WATER DISTRICT (\ EASEMENT SEGOVIA WAY (>t0AD SURVEY 454L/N 30.00'~ ' ®io SEWER EASEMENT 10' SAN DIEGO COUNTY FLOOD CONTROL DISTRICT EASEMENT I ® 40' OPEN SPACE EASEMENT Will IRREVOCABLE OFFER TO,DEDJCATE 88'30'55" E 127.10' X N 78.00)00w E X 424.00' RANCHO SANTA—" FE ROAD CL ROAD SURVEY 454 PER DOC. RECORDED 1-21-30 . IN BOOK 1737 ON PAGE 4 OF DEEDS (13 20'26'27" /'7? 0— 11t nn, .- /71 LN!7'3 , . CP 85OOOO E - L = 4113.1 1 ' 3. 13 N 7800'00" W 246.50' i N 4353'39 W 111.90 z C5 CD CD N 12'42'2 W 00 111.90 1-0 j 18'40'20 E 178.98' PARCEL 3 ro l0(0 pP) lzc ca PO AREA = 140.27 ACRES •1 M Zto cS z co N 8836'05 E . GAVIOTA CIRCLE 45.61' - 50 VA w to LO 1 'C to '- z o 0 20' DRAINAGE EASEMENT f I- w L*J 0, LU LU 0 -J C,) 0 NO.22606 ~cv * EXP. 12-31-9 * PARCEL 4 SEE SHEET 5 46' PUBLIC HIGHWAY EASEMENT (0 - tto5 W cc %.- CL. Go to o 'I o cl- N 89'17'02" W 72.29' 30' SEWER AND UTILITY EASEMENT ) — N 68'37'15" W 20' OLIVENHAIN MUNICIPAL e\ 107.19' WATER DISTRICT EASEMENT'—' - - - — -.-.-- I .7844 I N 15.1312w w 47 W N /\213.29'[9e ,,i 5Z 33 V-Q~ 20' CABLE TV EASEMENT 37'13'28" W FOR EASEMENT DATA 110.51' N 0321)43M E SEE SHEET 6 0 124.92' N 47'2119" W 119.12' O0'09'54" W 186.67 N 67'OE\2.35'18" E SEE SHEET 3 l7r, -' &, ii'''r" r N 01 08t45M E(R 125.23' = 260313N R = 2208.00' L = 1004.02' / 400' I I .LJ 98.24' I I .h tv r- 134.26' PARCEL 2 Project Design Corx.sv2tants 0/1 /.? I ______ DATE: 7-30-91 J.N. 743.00 D0UGLA'AUL R.C.E. 22606 DATE DRAt7: DESIGNED BY: CHBY: EXPIRATION DATE 12-31-93 PROJECT NAMEARROYO LA SHEET 4 CE590 OF MS 862 6 SHEETS I CURVE __F RADIUS I LENGTH I DELTA I Cl 25.00' 37.92* 86•53'59" I C2 25.00* 43.30' 99 -1428' I C3 25 .00* 9.29* 2117'33" L C4 893.00' 98.09' 0617'36" LINE I DIRECTION I DISTANCE Ti N 7305'27" W 320.00* T2 N 3129'55" E 70.96' T3 N 8810'09" E 50.77' T4 N 68'21'23" W 7735' T5 N 75'00'48" E 166.50' T6 N 79'57'17" E 407.74' T7 N 1422'17" W 33.48' 18 N 7119'32" E 68.91' T9 N 0521'03" W 86.10' T10 N 83'5356" E 554.14' TABULATED DATA FOR SHEET 3 OF 6 SHEETS LINE I DIREC11ON I DISTANCE T1 N 8917'02" W 72.29' T12 N 67'09'58" E 179.25' T13 N 2235'18" E 98.24' T14 N 1513'12" W 213.29' T15 N 0009'54" W 186.67' T1 6 N 2706'14" E 439.53' T17 N 1132'49" E 134.26' T18 N 4721'19 W 119.12' 119 N 7844'47" W 182.33' T20 N 03'21'43" E 124.92' 21 N 3713'28" W 110.51' .122 N 6837'15" W 107.19' 123 N 0108'45" E 125.23' T24 N 08'57'45 W 120,63' 125 N 14'34'52" W 261.53' T26 N 6455'52 W 86.44' '127 N 0546'21" E 212.21' 128 N 4441'01" W 215.94' 't29 N 2152'59" E 351.68' TABULATED EASEMENT DATA 60' ROAD EASEMENT-JANUARY 21, 1930-BOOK 1737 PAGE 4 OF DEEDS. 60' PUBLIC HIGHWAY EASEMENT-MARCH 9, 1951-BOOK 4031, PAGE 440, O.R. 60' PUBLIC HIGHWAY EASEMENT-FEBRUARY 28, 1950-BOOK .3518, PAGE 221, O.R. 150' SDG&E EASEMENT-MARCH 21, 1957-BOOK 6504, PAGE 206, O.R. 30' SDG&E EASEMENT-MARCH 2, 1960-DOC. 42870, O.R. 60' PUBLIC ROAD EASEMENT-AUGUST 25, 1961-DOC. 149167, O.R. 60' PUBLIC ROAD EASEMENT-SEPTEMBER 28, 1961-DOC. 169289, O.R. 10' PIPELINE EASEMENT-MAY 27, 1963-DOC. 92151, O.R. 12' SDG&E EASEMENT-AUGUST 30, 1963-DOC. 155970, O.R. 20' WATER EASEMENT-JUNE 12, 1964-DOC. 106490, O.R. RIGHT-OF-WAY AND SLOPE EASEMENT-NOVEMBER 28, 1969-DOC. 217326, O.R. RIGHT-OF-WAY AND SLOPE EASEMENT-FEBRUARY 16, 1970-DOC. 27777, O.R. 20' WATER EASEMENT-MARCH 26, 1970-DOC. 52512, O.R. 8' SDG&E EASEMENT-FEBRAURy 25, 1971-DOC. 36278, O.R. 10' AND 15' DRAINAGE EASEMENT-MAP NO. 7205. 46' PUBLIC HIGHWAY EASEMENT-DECEMBER 19, 1974-F/P 74-329686, O.R. DRAINAGE EASEMENT-JANUARY 8, 1975-F/P 75-004660, O.R. 20' WATER EASEMENT-JANUARY 28, 1975-F/P 75-015594, O.R. 40' OPEN SPACE EASEMENT- JAUNARY 27, 1975-F/P 75-018492, O.R. 10' SEWER EASEMENT-APRIL 7, 1975-F/P 75-078931, O.R. 20' CABLE TELEVISION EASEMENT-AUGUST 17, A982-F/P 82-254570, O.R. PUBLIC ROAD AND SLOPE EASEMENT-OCTOBER 29, 1985-F/P 85-404383, O.R. PUBLIC ROAD AND SLOPE EASEMENT-OCTOBER 29, 1986-F/P 85-404384, O.R. GENERAL SDG&E EASEMENT(UNPLOTTABLE)-OCTOBER 14, 1986-F/P 86-462232, O.R. LEUCADIA WATER DISTRICT EASEMENT-JANUARY 17, 1975-F/P 75-012373, O.R. 30' AND 60' ROAD, UTILITY, AND SEWER EASEMENT-JANUARY 29, 1962-DOC. 164058, _ 'f%oFESs/o\ O NO. 22606 r * EXP. 12-31-93 )' Project Design Consultants 1' DATE: 7-30-91 J.N. 743.00 AWN BY: I DESIGNED BY: ICHECKED BY: DOUCL UL R.C.E. 22606 / DATE EXPIRATION DATE: 12-31-93 I 'B' ARROYO LA COSTA PROJECT NAME PROJECT NO. I EXHIE CE590 I SHEET I OF MS 862 I 6 SHEE ATTACHMENT B TO EXHIBIT 5 CERTIFICATE FOR CANCELLATION ISSUER: ACCOUNT PARTY/CUSTOMER: IRREVOCABLE LETTER OF CREDIT NO.: BENEFICIARY: California Department of Fish and Game 1416 9th Street, 12th Floor Sacramento, California 95814 The undersigned, a duly Authorized Representative of the California Department of Fish and Game (CDFG) (as defined in the above-referenced CREDIT), hereby certifies to the ISSUER that: 1. Pursuant to the Agreement entered into between ("Applicant") and the CDFG, Applicant has presented documentary evidence of full compliance with the terms and conditions of the Agreement, or, the natural expiration of the CREDIT has occured. 2. CDFG therefore requests the cancellation of the above- referenced CREDIT. THEREFORE, the CDFG of the State of California has executed and delivered this CANCELLATION as of the day of 19. DEPARTMENT OF FISH AND GAME OF THE STATE OF CALIFORNIA By: Title: Authorized Representative EXHIBIT 2 EXHIBIT 2 CALIFORNIA ENDANGERED SPECIES ACT MANAGEMENT PERMIT FOR THE CONSTRUCTION OF THE FIELDSTONE COMPANY'S ARROYO LA COSTA DEVELOPMENT SUMMARY The Fieldstone Company/La Costa Associates Limited Partnership (hereinafter "TFC") and the Department of Fish and Game (hereinafter Department) entered into the Carlsbad Coastal Sage Scrub Conservation Program Departme of ash and Game/Fieldstone Company/La Costa Associates Limited Partnership, 1-u*ing and'Mitigatlon Agreement (the "Agreement") which provides for the Issuance of a Permit for Management of Endangered Species pursuant to California Fish and Game Code section 2081 for the proposed Arroyo La Costa Project located within the City of Carlsbad (Figures 1 and 2). The site is bounded to the west by El Camino Real, to the east by Rancho Santa Fe Road, and to the south by Olivenhain Boulevard. The construction will eliminate 23.2 acres of potential habitat for California gnatcatcher (Polioptila californica), orangethroat whiptail (Cnernidophorus hyperythrus beldingi) and the San Diego horned lizard (Phyrnosoma corona turn biainvfilei). It is the Department's determination that the acquisition, enhancement, and long-term management of 26 acres of existing California gnatcatcher and other species of concern residing in that 23.2 acres of coastal sage habitat found on the project site at another location acceptable to the Department, will offset the project impacts and result in preserving core areas for the species which may assist in preserving sustainable populations. PROJECT DESCRIPTION The proposed project consists of 670 acres of undeveloped land within the City of Carlsbad (T13S R4 Sections 1 and 7). It is bounded to the west by El Camino Real, to the east by Rancho Santa Fe Road, to the south by Olivenhain Boulevard, and a single-family residential development to the north. The site consists primarily of gently rolling hills with slopes averaging approximately 15%, and elevations ranging from 64 feet along the western property line to 273 feet near the eastern-central portion of the site. There are several small deeply eroded tributaries which empty into a central drainage located near the center of the site. The confluence of drainages form a large riparian and wetland floodplain, which constitute Waters of the United States, which connects with Encinitas Creek near the western edge of the site. fieldstone. 2081 permit 1 2/27/92. ht.gw LISTED SPECIES Based on biological studies of the project site and adjacent areas, the following species of special concern use the project area. These species are the California gnatcatcher. A summary of the life history information for each species follows. California Gnatcatcher The California gnatcatcher is a small, slender passerine that is gray above and lighter gray below with some brownish coloration on the wings and back. The tail is primarily black. Males have a black cap during the breeding season. Females tend to have slightly more brown on their back. The gnatcatcher weighs between five and six grams and is approximately 11.5 cm long. The gnatcatcher is primarily insectivorous, foraging by gleaning from sage scrub, vegetation or flycatching flying insects. The highest foraging activity generally occurs in the morning hours although it may forage throughout the day. Evergreen sage scrub species such as broom baccharis (Baccharis sarathroides) and laurel sumac (Malosma laurina) may be especially important foraging substrates during the late summer and early fall months (ERCE 1991). The gnatcatcher occurs primarily in sage scrub vegetation with documented home ranges from 10 to 35 acres in San Diego County (SEB 1984; RECON 1989; ERCE 1991). An open cupshaped nest, typically in the fork of California sagebrush (Artemisia californica), flat- top buckwheat (Eriogonurn fasciculaturn) or other shrubby component of the habitat is constructed. Nesting occurs between early March and July, with the first fledglings appearing by early May. Dispersal generally occurs within four to six weeks from fledgling (ERCE 1991). Relatively little is known about dispersal of this species. California gnatcatcher populations have been estimated at about 1,200 to 2,000 pairs in the United States with less than 700 pairs remaining In San Diego County (Atwood 1990). Their historical range included much of coastal souther California up to Ventura County. This species is declining in all of the other four coastal counties proportionately with the continued loss of coastal sage scrub habitat, the primary cause for this species decline. Two pair of California gnatcatchers were observed on the Arroyo La Costa site in 1991. Four patches of sage scrub occur on Arroyo La Costa, with the largest patch encompassing 9.5 acres of disturbed sage scrub.1 Only one of the four patches supports relatively undisturbed sage scrub and totals 5.2Icres. One of the two pair of gnatcatchers was found using the most heavily disturbed portion of the sage scrub on the site. fieldstone. 2081 permit 2 2/27/92.ht.gw EFFECTS ON LISTED SPECIES California gnatcatcher habitat will be eliminated or isolated by the construction of the Arroyo La Costa project. The project area, where direct impacts to these species may occur, encompasses approximately 23.2 acres. In association with this project, TFC is transferring to the Department or its designee, 232 fr acres of habitat management lands for the above species or conservation easement as provided in that Management Agreement dated February 2-91, 1992. TFC Is providing 1.12 acres of habitat for each acre of coastal sage scrub habitat removed by the Project. Habitat located at the project site is extremely degraded due to its proximity to urban uses. Habitat replacement ratios have been significantly adjusted downward to reflect the poor biological conditions on site. TFC is providing the Department with a letter of credit in the amount of $200,000 to secure the conveyance of the 26 acres. In addition, TFC Is providing the Department, or its designee, with an endowment for fencing, trash removal, and long-term management in the amount of $26,000 ($1,000/acre). This purchase security amount is based on the cost to convey 26 acres of sensitive species habitat. The conveyance improvement, and maintenance of this mitigation land will allow for its management for threatened and endangered species and other species of concern in perpetuity. The acquired parcel in combination with past and 'future acquisitions will provide core areas for the management of the species of concern. SPECIFIC CONDITIONS REQUIRED BY THE MANAGEMENT PERMIT As provided in the above-mentioned agreement, the following conditions will be implemented. 1. TFC will provide the Department with 26 acres of habitat or a conseyatlon easement as provided in that Management Agreement dated February Z'f f 1992, for the affected species that are, in the judgement of the Department and the U.S. Fish and Wildlife Service (Service), biologically suitable. 2. Prior to clearing of sage scrub habitat, all California gnatcatchers occurring within the affected areas on the Arroyo La Costa Project shall be captured, Individually colormarked, and relocated to an appropriate area off-site deemed suitable by the Department and Service. TFC will be responsible for obtaining the necessary permits for the relocation of the gnatcatchers, monitoring and relocation of the gnatcatchers. Relocation activities shall be overseen by biologists experienced in the capture, banding and relocation of wild bird species within 60 days of this Agreement. Fieldstone. 2081 permit 3 2/27/92. ht.gw 3. TFC will transfer to the Department an endowment of $26,000 ($1,000/per acre), the Income from which will be available to the Department for the operation and maintenance of the habitat land Identified In paragraph 1. DEPARTMENT FINDINGS If the above-written conditions of this Management Permit are implemented, the Department finds that the Arroyo La costa Project will not result in jeopardy to the continued existence of the listed species and may through the acquisition of habitat lands, protect the species from further degradation. CALIFORNIA DEPARTMENT OF FISH AND GAME TITLE/ DATED: fieldstone. 2OBlpermlt 4 2/27/92. ht.gw EXHIBIT 4 NO d 87-2006 lia F LEGAL DESCRIPTION A PORTION OF LOT 44 07 CARLSBAD TRACT NO. 75-9(B), UNIT NO. I t IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 9958 RECORDED DECEMBER 3, 1980 BY THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, AS FILE NO. 80-440243, MORE PARTICULARLY DESCRIBED AS FOLLOWSz BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF LOT 44, TRAVERSING NORTH 86 ° 30' 00" EAST 842.77 1 ; THENCE NORTH 11 0 39' 140 EAST 406.58' TO THE TRUE POINT OF BEGINNING. FROM SAID TRUE POINT OF BEGINNING, AND LEAVING THE BOUNDARY LINE OF LOT 44 NORTH 78° 11' 26" WEST 50.00 1 ; THENCE NORTH 07 0 45' 59" EAST 59.00 1 ; THENCE NORTH 42 0 31' 57" EAST 91.97 1 ; THENCE NORTH 77 0 00' 00" EAST 82.00 1 ; THENCE NORTH 10 0 51' 36" EAST 45.00 1 ; THENCE NORTH 48 ° 09' 38" EAST 90.00 1 ; THENCE NORTH 64 0 34' 50" EAST 19.18'; THENCE NORTH 81 0 00' 02" EAST 106.38 1 ; THENCE NORTH 54 0 28' 37" EAST 190.00 1 ; THENCE SOUTH 88° 11' 15" EAST 20.00 1 ; THENCE SOUTH. 65 0 12.' 00" EAST 30.00 1 ; THENCE SOUTH 01 0 48' 4514 WEST 27.00 1 ; THENCE NORTH 66 6 48' 45" EAST 41.00'; THENCE NORTH 88 0 58' 45" EAST 65.00'; THENCE SOUTH 88 0 49' 40" EAST 284.85 1 ; THENCE SOUTH 04* 11' 15" EAST 12.00 1 ; THENCE NORTH 80* 08' 11" EAST 25.72 1 ; THENCE NORTH 07 ° 11' 15" WEST 22.00 1 ; THENCE SOUTH 88 0 11' 15" EAST 41.00 1 ; THENCE NORTH 35 ° 00' 00" EAST 193.53'; THENCE NORTH 40 0 00' 00" LAST 60.0.0 1 ; THENCE NORTH 05 0 45' 52" WEST 57.00 1 ; THENCE ALONG A TANGENT ARC WITH A RADIUS OF 150.00', CONCAVE EASTWARD, A DISTANCE OF 108.78'(DELTA - 41 ° 33' 08"); THENCE ALONG ANOTHER TANGENT ARC WITH A RADIUS OF 120.00 1 , CONCAVE EASTWARD, A DISTANCE OF 109.12' (DELTA - 52 ° 06' 03"), THENCE ALONG A TANGENT LINE, NORTH 87 ° 53' 19" EAST 31.06'1) THENCE NORTH 79 0 18' 47" EAST 90.84 1 ; THENCE NORTH 05 ° 45' 52" WEST'-. 203.56 1 ; THENCE NORTH 48 0 25' 49" WEST 660.70 1 ; THENCE SOUTH 61 1 30' 36" WEST 564.71 1 ; THENCE NORTH 580 20' 08" WEST 396.85 1 ; THENCE NORTH -49 0 08' 59" WEST 187.92' TO AN ANGLE POINT IN THE NORTHWESTERLY LINE OF SAID LOT 44; THENCE ALONG SAID BOUNDARY NORTH 40° 02' 27" EAST 84.22'; THENCE SOUTH 550 47 1 00" EAST 231.00 1 ;. THENCE SOUTH 66 0 23' 00" EAST 236.00 1 ; THENCE NORTH 86 10 38' 42" EAST 70.22'; THENCE NORTH 530 21' 41" EAST 67.00'; THENCE NORTH 40° 35' 55" EAST 67.19'; THENCE NORTH 18 0 10' 44" EAST 65.00 1 ; THENCE NORTH 04 0 38' 42" WEST 160.53 1 ; THENCE NORTH 87° 12.' 46" EAST 163. 66 1 ; THENCE NORTH 71 0 45' 00" EAST 288.32 1 ; THENCE SOUTH 72 0 23 52" EAST 55.85 1 ; THENCE SOUTH 51 0 11' 00" EAST 524.00 1 ; THENCE SOUTH 41 0 22' 41" EAST 237.81 1 ; THENCE NORTH 900 00' 00" EAST 230.19 1 ; THENCE SOUTH 02 0 28' 18" EAST 706.64 1 ; THENCE NORTH 76 0 20' 00" WEST 450.40 1 ; THENCE SOUTH 32 10 40' 00" WEST 195.00 1 ; THENCE SOUTH 01 0 10' 00" EAST 220.00 1 ; THENCE SOUTH 540 10' 00" WEST 308.00 1 ; THENCE NORTH 830 30' 00" WEST 530.00 1 ; THENCE SOUTH 770 00' 00" WEST 500.00'; THENCE SOUTH 11 0 39' 14" WEST 20.00' TO THE TRUE POINT OF BEGINNING. SAID PORTION BEING AN AREA OF 25.74 ACRES. EXHIBIT 5 DATE: , 1992 STANDBY LET1ER OF CREDIT BENEFICIARY APPLICANT CALIFORNIA DEPARTMENT OF FISH AND FIELDSTONE / LA COSTA GAME, ATTN: DIRECTOR ASSOCIATES LIMITED 3416 9TH STREET, 12TH FLOOR PARTNERSHIP SACRAMENTO, CALIFORNIA 95814 14 CORPORATE PLAZA DRIVE NEWPORT BEACH, CA 92660 AMOUNT USD 200,000.00 TWO HUNDRED THOUSAND AND 00/100'S US DOLLARS ZXPIRY 1993 AT OUR COUNTERS. 3. AT THE REQUEST AND ON THE INSTRUCTIONS OF OUR CUSTOMER PIEWSTONE/L&_COSTA ASSOCIATES ("APPLICANT") a, WE HEREBY ESTABLISH IN FAVOR OF mE BENEFICIARY, THE CALIFORNIA DEPARTMENT OF FISH AND GAME (NCDFG9 • THIS IRREVOCABLE STANDBY LETTER OF CREDIT (CREDIT) IN THE PRINCIPAL BUll OF US $200,000.00. 3. THIS CREDIT IS AND HAS BEEN ESTABLISHED FOR THE SOLE BENEFIT OF CDFG PURSUANT TO THE TERMS OF THAT CERTAIN CITY OF CARLSBAD COASTAL SAGE SCRUB CONSERVATION PROGRAM DEPARTMENT OF FISH AND GAME AND FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP FUNDING AND MITIGATION AGREEMENT ("THE AGREEMENT") ENTERED INTO BETWEEN APPLICANT AND CDPG DATED - , 1992. 3. THIS CREDIT IS INTENDED BY THE PARTIES TO THE AGREEMENT TO £ERV AS A. SECURITY DEVICE FOR THE PERFORMANCE BY APPLICANT OF OBLIGATIONS UNDER THE AGREEMENT. UPON THE OCCURRENCE OF ANY DEFAULT BY APPLICANT AS DETERMINED BY CDPG IN ITS SOLE DISCRETION UNDER THE AGREEMENT, CDFG SHALL BE ENTITLED TO DRAW UPON THIS CREDIT BY PRESENTATION OF A DULY EXECUTED CERTIFICATE FOR DRAWING IN SUBSTANTIALLY THE SAME FORM AS MTACBNZNT as ATTAcD HERETO, AT OUR OFFICE LOCATED AT . - PAGE 1 S. I 5. THE CERTIFICATE SHALL BE COMPLETED AND SIGNED BY AN "AUTHORIZED REPRESENTATIVE" AS DEFINED IN PARAGRAPH 22. PRESENTATION BY CDFG OF A COMPLETED CERTIFICATE MAY BE MADE IN PERSON OR BY REGISTERED MAIL, RETURN RECEIPT REQUESTED. 6. UPON PRESENTATION OF A DULY EXECUTED CERTIFICATE AS ABOVE PROVIDED, PAYMENT SHALL BE MADE TO CDFG, OR TO AN ACCOUNT DESIGNATED BY CDFG, IN IMMEDIATELY AVAILABLE FUNDS, AT SUCH TIME AND PLACE AS CDPG SALL SPECIFY. 7. FUNDS MAY BE DRAWN IN ONE OR MORE DRAWINGS NOT TO EXCEED THE PRINCIPAL SUM. S. IF A DEMAND FOR PAYMENT DOES NOT CONFORM TO THE TERMS OF THIS CREDIT, WE SHALL GIVE CDFG PROMPT NOTICE THAT THE DEMAND FOR PAYMENT WAS NOT_EFFEcTED IN ACCORDANCE WITH THE TERMS OF THIS CREDIT, STATE m REASONS THEREFOR, AND AWAIT FURTHER INSTRUCTIONS. 9. UPON BEING NOTIFIED THAT THE DEMAND FOR PAYMENT WAS NOT EFFECTED IN CONFORMITY WITH THE CREDIT, CDPG MAY CORRECT ANY SUCH NON-CONFORMING DEMAND FOR PAYMENT. 10. ALL DRAWINGS UNDER THIS CREDIT SHALL BE PAID WITH OUR FUNDS. EACH DRAWING HONORED BY US HEREUNDER SHALL REDUCE, PRO TANTO, THE PRINCIPAL SUM. BY PAYING TO CDFG AN AMOUNT DEMANDED IN ACCORDANCE HEREWITH, WE MAKE NO REPRESENTATIONS AS TO THE CORRECTNESS OF THE AMOUNT DEMANDED. 31. THIS CREDIT WILL BE CANCELLED IN WHOLE OR WILL BE PARTIALLY REDUCED UPON RECEIPT BY US OF A CERTIFICATE OF CANCELLATION OR CERTIFICATE OF PARTIAL REDUCTION, RESPECTIVELY, WHICH (I) SHALL BE IN THE FORM SET FORTH IN ATTACHMENT B ATTACHED HERETO, AND (II) SHALL BE COMPLETED AND SIGNED BY ANY PERSON PURPORTING TO BE AN AUTHORIZED REPRESENTATIVE OF CDYG, AS DEFINED IN THE NEXT PARAGRAPH. IN THE EVENT THAT THIS CREDIT WILL BE PARTIALLY REDUCED, AN AMENDMENT TO THE CREDIT MUST BE ISSUED SUBECT TO CDFG'S CONSENT. 12. AN AUTHORIZED REPRESENTATIVE" SHALL MEAN ONE OF THE FOLLOWING PERSONS: DIRECTOR OF CDFG, OR THE LEGAL ADVISOR OF CDFG. 13. COMMUNICATIONS WITH RESPECT TO THIS CREDIT SHALL BE IN WRITING AND ADDRESSED TO US AT • SPECIFICALLY REPRRING UPON SUCH WRITING TO THIS CREDIT BY NUMBER 14. THIS CREDIT MAY NOT BE TRANSFERRED OR ASSIGNED, EIL IN WHOLE OR IN PART. 15. THIS CREDIT SHALL BE DEEMED A CONTRACT MADE UNDER THE LAWS ATA92C1 PAGE 2 . s... I 16. THIS CREDIT SHALL, IF NOT CANCELLED AS PROVIDED BEREIN, EXPIRE NO LATER THAN , 1993. THEREFORE, - HAS EXECUTED AND DELIVERED THIS IRREVOCABLE STANDBY LETTER OF CREDIT TO THE BENEFICIARY AS OF THE I • •_*,I I " OMM PAGE 3 CERTIFICATE FOR DRAWING ISSUER: - ACCOUNT PARTY/CUSTOMER: FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP 14 CORPORATE PLAZA DR. NEWPORT BEACH, CA 92660 IRREVOCABLE LETTER OF CREDIT NO. (UCREDITN) BENEFICIARY: CALIFORNIA DE ARTMENT OF FISH AND CAME 3416 9TH STREET, 12TH FLOOR SACRAMENTO, CALIFORNIA 95814 THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF THE CALIFORNIA DEPARTMENT OF FISH AND GAME (CDTG) (AS DEFINED IN THE ABOVE-REFERENCED CREDIT), HEREBY CERTIFIES TO THE ISSUER THAT: 3. IN THE OPINION OF CDTG, AN EVENT OF DEFAULT HAS OCCURRED AS CONTEMPLATED BY PARAGRAPH I • d OF THE CITY OF CARLSBAD COASTAL SAGE SCRUB CONSERVATION PROGRAM DEPARTMENT OF FISH AND GAME AND FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP FUNDING AND MITIGATION ('AGREEMENT"). 2. THE UNDERSIGNED IS AUTHORIZED UNDER THE TERMS OF THE ABOVE-REFERENCED CREDIT TO PRESENT THIS CERTIFICATE AS THE SOLE MEANS OF DEMANDING PAYMENT ON THE CREDIT. 3, CDFG IS THEREFORE MAXING A DRAWING UNDER THE ABOVE- REFERENCED CREDIT IN THE AMOUNT OF VS A. THE AMOUNT DEMANDED DOES NOT EXCEEDTEE PRINCIPAL SUM. 5.- SUMS RECEIVED SHALL BE USED BY CDFG IN ACCORDANCE WITS THE TERMS OF THE AGREEMENT. THEREFORE, THE CDFG HAS EXECUTED AND DELIVERED THIS CERTIFICATE AS OF THE DAY OP -, 1992. - DEPARTMENT OF FISH AND GAME OF THE STATE OF CALIFORNIA BY: -. TITLE: Authorized Representative TA 13ATr . .. * ATTACHMENT B TO CREDIT NUMBER CERTIFICATE FOR PARTIAL REDUCTION ACCOUNT PARTY/CUSTOMER: FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP 14 CORPORATE PLAZA DRIVE NEWPORT BEACH, CA 92660 IRREVOCABLE LETTER OF CREDIT NO. (CREDIT) BENEFICIARY: CALIFORNIA DEPARTMENT OF FISH AND GAME 3.416 9Th STREET, 12Th FLOOR SACRAMENTO, CALIFORNIA 93814 THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF THE CALIFORNIA DEPARTMENT OF FISH AND GAME (CDFG) (AS DEFINED IN THE ABOVE-REFERENCED CREDIT), HEREBY CERTIFIES TO THE ISSUER THAT: 1. PURSUANT TO THE CITY OF CARLSBAD COASTAL SAGE SCRUB CONSERVATION PROGRAM DEPARTMENT OF FISH AND GAME AND FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP FUNDING AND MITIGATION AGREEMENT (THE "AGREEMENT") ENTERED INTO BETWEEN THE FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP (NAPPLICANTN) AND THE CDFG, APPLICANT HAS PRESENTED DOCUMENTARY EVIDENCE OF PARTIAL COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT; 2 • CDFG THEREFORE REQUESTS PARTIAL REDUCTION OF THE ABOVE- REFERENCED CREDIT IN THE AMOUNT OF , IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT. THEREFORE, THE CDPG OF THE STATE OF CALIFORNIA HAS UEcuvu AND DELIVERED THIS CERTIFICATE AS OF THE DAY OF 1992. DEPARTMENT OF FISH AND GAME OF THE STATE OF CALIFORNIA BY: TITLE: AUTHORIZED REPRESENTATIVE ATTACHMENT B TO CREDIT'NUMBER CERTIFICATE FOR CANCELLATION IRREVOCABLE LETTER OF CREDIT NO. ACCOUNT PARTY/CUSTOMER: FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP 14 CORPORATE PLAZA DRIVE NEWPORT BEACH, CA 92660 (CREDIT) BENEFICIARY: CALIFORNIA DEPARTMENT OF FISH AND CAME 1416 9TH STREET, 12TH FLOOR SACRAMENTO, CALIFORNIA 93814 THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF THE CALIFORNIA DEPARTMENT OF FISH AND GAME (CDFG) (AS DEFINED IN THE ABOVE-REFERENCED CREDIT), HEREBY CERTIFIES TO THE ISSUER THAT: 1. PURSUANT TO THE CITY OF CARLSBAD COASTAL SAGE SCRUB CONSERVATION PROGRAM DEPARTMENT OF FISH AND GAME AND FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP FUNDING AND MITIGATION AGREEMENT (THE "AGREEMENT") ENTERED INTO BETWEEN THE FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSBP ("APPLICANT") AND THE CDFG, APPLICANT HAS PRESENTED DOCUMENTARY EVIDENCE OF PULL COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT; OR, THE NATURAL EXPIRATION OF THE CREDIT OCCURRED. 2 • CDFG THEREFORE REQUESTS THE CANCELLATION OF THE ABOVE- REFERENCED CREDIT. THEREFORE, THE CDFG OF THE STATE OF CALIFORNIA HAS EXECUTED AND DELIVERED THIS CERTIFICATE AS OF THE DAY OF 1992. - DEPARTMENT OF FISH AND GAME OF THE STATE OF CALIFORNIA 31: TITLE: -- AUTHORIZED REPRESENTATIVE 4TAW=I5.ATT EXHIBIT 5 IRREVOCABLE "STANDBY" LETTER OF CREDIT ISSUER: ACCOUNT PARTY/CUSTOMER: IRREVOCABLE LETTER OF CREDIT NO.: Dated: TO BENEFICIARY: California Department of Fish and Game 1416 9th Street, 12th Floor Sacramento, California 95814 Attention: Director Dear Sirs: 1. At the request and on the instructions of our CUSTOMER, ("Applicant"), we hereby establish in favor of the BENEFICIARY, the California Department of Fish and Game ("CDFG"), this Irrevocable Standby Letter of Credit ("CREDIT") in the Principal Sum of 2. This CREDIT is and has been established for the sole benefit of CDFG pursuant to the terms of the Management Agreement ("the Agreement") entered into between Applicant and CDFG 1990. 3. This CREDIT is intended by the parties to the Agreement to serve as a security device for the performance by Applicant of its obligations under the Agreement. 4. Upon the occurence of any default by Applicant as determined by CDFG in its sole discretion under the Agreement, CDFG shall be entitled to draw upon this CREDIT by presentation of a duly executed CERTIFICATE FOR DRAWING in substantially the same form as Attachment A, attached hereto, at our office located at S. The CERTIFICATE shall be completed and signed by an "Authorized Representative" as defined in paragraph 12. Presentation by CDFG of a completed CERTIFICATE may be made in person or by registered mail, return receipt requested. 6. Upon presentation of a duly executed CERTIFICATE as above provided, payment shall be made to CDFG, or to an account designated by CDFG, in immediately available funds, at such time and place as CDFG shall specify. 7. Funds may be drawn in one or more drawings not to exceed the Principal Sum. 8. If a demand for payment does not conform to the terms of this CREDIT, we shall give CDFG prompt notice that the demand for payment was not effected in accordance with the terms of this CREDIT, state the reasons therefor, and await further instructions. 9. Upon being notified that the demand for payment was not effected in conformity with the CREDIT, CDFG may correct any such non-conforming demand for payment. 10. All drawings under this CREDIT shall be paid with our funds. Each drawing honored by us hereunder shall reduce, pro tanto, the Principal Sum. By paying to CDFG an amount demanded in accordance herewith, we make no representations as to the correctness of the amount demanded. 11. This CREDIT will be cancelled in whole or in part upon receipt by us of a CERTIFICATE OF CANCELLATION, which (1) shall be in the form of Attachment B attached hereto, and (ii) shall be completed and signed by any person purporting to be an Authorized Representative, as defined in the next paragraph. 12. An "Authorized Representative" shall mean one of the following persons: Director of the Department of Fish and Game, or the Legal Advisor of the Department of Fish and Game. 13. Communications with respect to this CREDIT shall be in writing and addressed to us at specifically referring upon such writing to this CREDIT by number. 14. This CREDIT may not be transferred or assigned, either in whole or in part. 15. This CREDIT shall be deemed a contract made under the laws of the State of California. 16. This CREDIT shall, if not cancelled as provided herein, expire no later than of the date of its execution. THEREFORE, has executed and delivered this IRREVOCABLE STANDBY LETTER OF CREDIT to the BENEFICIARY as of the day of , 19_. (2) A1ACHNENT A TO EXHIBIT 5 CERTIFICATE FOR DRAWING ISSUER: ACCOUNT PARTY/CUSTOMER: IRREVOCABLE LETTER OF CREDIT NO.: BENEFICIARY: California Department of Fish and Game 1416 9th Street, 12th Floor Sacramento, California 95814 The undersigned, a duly Authorized Representative of the California Department of Fish and Game (CDFG) (as defined in the above-referenced CREDIT), hereby certifies to the ISSUER that: 1. In the opinion of CDFG, an Event of Default has occurred as defined in paragraph 7 of the Agreement. 2. The undersigned is authorized under the terms of the above-referenced CREDIT to present this CERTIFICATE as the sole means of demanding payment on the CREDIT. 3. CDFG is therefore making a drawing under the above- referenced CREDIT in the amount of $ 4. The amount demanded does not exceed the Principal Sum. 5. Sums received shall be used by CDFG in accordance with the terms of the Agreement. THEREFORE, the CDFG has executed and delivered this CERTIFICATE as of the day of , 19. DEPARTMENT OF FISH AND GAME OF THE STATE OF CALIFORNIA By: Title: Authorized Representative Cur continental Bank CABLE ADDRESS: Conil Bank latex 02-5233 • SWIFT ADDRESS: CNTLUS44 • TELEFAX NUMBER: 987-6828 PAGE: 1 DATE: FEBRUARY 11, 1992 AMENDMENT TO IRREVOCABLE STANDBY CREDIT NUMBER: C7193852 AMENDMENT NUMBER 1 BENEFICIARY CALIFORNIA DEPARTMENT OF FISH AND GAME, ATTN: DIRECTOR 1416 9TH STREET, 12TH FLOOR SACRAMENTO, CALIFORNIA 95814 APPLICANT FIELDSTONE / LA COSTA ASSOCIATES LIMITED PARTNERSHIP 14 CORPORATE PLAZA DRIVE NEWPORT BEACH, CA 92660 THIS AMENDMENT IS TO BE CONSIDERED AN INTEGRAL PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO. THE ABOVE MENTIONED CREDIT IS AMENDED AS FOLLOWS: THE DATE OF EXPIRY IS AMENDED TO: FEBRUARY 15, 1993. ITEM NOS. 2 1 3, 11, AND 16 ARE AMENDED TO READ AS FOLLOWS: 2. THIS CREDIT IS AND HAS BEEN ESTABLISHED FOR THE SOLE BENEFIT OF CDFG PURSUANT TO THE TERMS OF THAT CERTAIN CITY OF CARLSBAD COASTAL SAGE SCRUB CONSERVATION PROGRAM DEPARTMENT OF FISH AND GAME AND FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP FUNDING AND MITIGATION AGREEMENT (THE "AGREEMENT") ENTERED INTO BETWEEN APPLICANT AND CDFG DATED , 1992. 3.THIS CREDIT IS INTENDED BY THE PARTIES TO THE AGREEMENT TO SERVE AS A SECURITY DEVICE FOR THE PERFORMANCE BY APPLICANT OF ITS OBLIGATIONS UNDER THE AGREEMENT. 11. THIS CREDIT WILL BE CANCELLED IN WHOLE OR REDUCED PARTIALLY UPON RECEIPT BY US OF A CERTIFICATE OF CANCELLATION, WHICH (I) SHALL BE IN THE FORM OF ATTACHMENT B ATTACHED HERETO, AND (II) SHALL BE COMPLETED AND SIGNED BY ANY PERSON PURPORTING TO BE AN AUTHORIZED REPRESENTATIVE, AS DEFINED IN THE NEXT PARAGRAPH. IN CASE OF A PARTIAL REDUCTION, THE LETTER OF CREDIT WILL BE REDUCED BY AN AMENDMENT SUBJECT TO THE BENEFICIARY'S WRITTEN CONSENT. 16. THIS CREDIT SHALL, IF NOT CANCELLED AS PROVIDED HEREIN, EXPIRE NO LATER THAN FEBRUARY 15, 1993 OF THE DATE OF ITS EXECUTION. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS AMENDMENT, PLEASE CALL 312-923-5924. CONTINENTAL BANK, NATIONAL ASSOCIATION — — — — o'" 0 FOR CASHIER FOR CASHIER 2c. THIS DOCUMENT CONSISTS OF 1 PAGE(S). COPY 640o Continental Bank NA CABLE ADDRESS: Conil Bank Telex 02-5233 • SWIFT ADDRESS: CINB US 44 • TELEFAX NUMBER: 987-6828 ATTACHMENT A TO CREDIT NO. C7193852 CERTIFICATE FOR DRAWING ISSUER: CONTINENTAL BANK N.A. 231 SOUTH LASALLE STREET CHICAGO, ILLINOIS 60697 ACCOUNT PARTY/CUSTOMER: FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP 14 CORPORATE PLAZA DRIVE NEW PORT BEACH, CA 92660 IRREVOCABLE LETTER OF CREDIT NO. C7193852 BENEFICIARY: CALIFORNIA DEPARTMENT OF FISH AND GAME 1416 9TH STREET, 12TH FLOOR SACRAMENTO, CALIFORNIA 95814 THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF THE CALIFORNIA DEPARTMENT OF FISH AND GAME (CDFG) (AS DEFINED IN THE ABOVE-REFERENCED CREDIT), HEREBY CERTIFIES TO THE ISSUER THAT: 1. IN THE OPINION OF CDFG, AN EVENT OF DEFAULT HAS OCCURRED AS DEFINED IN PARAGRAPH 1D OF THE AGREEMENT. 2. THE UNDERSIGNED IS AUTHORIZED UNDER THE TERMS OF THE ABOVE-REFERENCED CREDIT TO PRESENT THIS CERTIFICATE AS THE SOLE MEANS OF DEMANDING PAYMENT ON THE CREDIT. 3. CDFG IS THEREFORE MAKING A DRAWING UNDER THE ABOVE- REFERENCED CREDIT IN THE AMOUNT OF US$____________________ 4. THE AMOUNT DEMANDED DOES NOT EXCEED THE PRINCIPAL SUM. 5. SUMS RECEIVED SHALL BE USED BY CDFG IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT. THEREFORE, THE CDFG HAS EXECUTED AND DELIVERED THIS CERTIFICATE AS OF THE DAY OF , 1992. DEPARTMENT OF FISH AND GAME OF THE STATE OF CALIFORNIA BY: TITLE: AUTHORIZED REPRESENTATIVE PLEASE ADDRESS ALL CORRESPONDENCE TO: 3-00-886N9188 75434 12190 - • - - I-. f'••. r'. -' Continental Bank N.A. CABLE ADDRESS: ConU Bank Telex 02-5233 • SWIFT ADDRESS: CINB US 44 • TELEFAX NUMBER: 987-8828 ATTACHMENT B TO CREDIT NO. C7193852 CERTIFICATE FOR CANCELLATION ISSUER: CONTINENTAL BANK N.A. 231 SOUTH LASALLE STREET CHICAGO, ILLINOIS 60697 ACCOUNT PARTY/CUSTOMER: FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP 14 CORPORATE PLAZA DRIVE NEW PORT BEACH, CA 92660 IRREVOCABLE LETTER OF CREDIT NO. C7193852 BENEFICIARY: CALIFORNIA DEPARTMENT OF FISH AND GAME 1416 9TH STREET, 12TH FLOOR SACRAMENTO, CALIFORNIA 95814 THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF THE CALIFORNIA DEPARTMENT OF FISH AND GAME (CDFG) (AS DEFINED IN THE ABOVE-REFERENCED CREDIT), HEREBY CERTIFIES TO THE ISSUER THAT: 1. PURSUANT TO THE CITY OF CARLSBAD COASTAL SAGE SCRUB CONSERVATION PROGRAM DEPARTMENT OF FISH AND GAME AND FIELDSTONE/ LA COSTA ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP FUNDING AND MITIGATION AGREEMENT ENTERED INTO BETWEEN FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP ("APPLICANT") AND THE CDFG, APPLICANT HAS PRESENTED DOCUMENTARY EVIDENCE OF NECESSARY COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, OR, THE NATURAL EXPIRATION OF THE CREDIT OCCURED. 2. CDFG THEREFORE REQUESTS THE CANCELLATION OF THE ABOVE- REFERENCED CREDIT IN THE AMOUNT OF $_______________________ THEREFORE, THE CDFG OF THE STATE OF CALIFORNIA HAS EXECUTED AND DELIVERED THIS CERTIFICATE AS OF THE DAY OF , 1992. DEPARTMENT OF FISH AND GAME OF THE STATE OF CALIFORNIA BY: TITLE: AUTHORIZED REPRESENTATIVE PLEASE ADDRESS ALL CORRESPONDENCE TO: 300-864R/8 75434 12/90 'i fr f r' 1)4 -O..II CH Continental Bank CABLE ADDRESS: Conil Bank Telex 02-5233 • SWIFT ADDRESS: CNTLUS44 • TELEFAX NUMBER: 987-6828 PAGE 1 DATE: JANUARY 29, 1992 IRREVOCABLE DOCUMENTARY CREDIT NUMBER: C7193852 BENEFICIARY APPLICANT CALIFORNIA DEPARTMENT OF FISH AND FIELDSTONE / LA COSTA ASSOCIATES GAME, ATTN: DIRECTOR LIMITED PARTNERSHIP 1416 9TH STREET, 12TH FLOOR 14 CORPORATE PLAZA DRIVE SACRAMENTO, CALIFORNIA 95814 NEWPORT BEACH, CA 92660 AMOUNT USD 200,000.00 TWO HUNDRED THOUSAND AND 001100'S US DOLLARS EXPIRY JANUARY 15, 1993 AT OUR COUNTERS 1. AT THE REQUEST AND ON THE INSTRUCTIONS OF OUR CUSTOMER FIELDSTONE/ LA COSTA ASSOCIATES ("APPLICANT"), WE HEREBY ESTABLISH IN FAVOR OF THE BENEFICIARY, THE CALIFORNIA DEPARTMENT OF FISH AND GAME ("CDFG"), THIS IRREVOCABLE STANDBY LETTER OF CREDIT ('CREDIT") IN THE PRINCIPAL SUM OF US$ 200,000.00. 2. THIS CREDIT IS AND HAS BEEN ESTABLISHED CDFG PURSUANT TO THE TERMS OF THAT CERTAIN SAGE SCRUB CONSERVATION PROGRAM DEPARTMENT FIELDSTONE COMPANY PHASE I FUNDING AND MIT AGREEMENT") ENTERED INTO BETWEEN APPLICANT , 1992. FOR THE SOLE BENEFIT OF CITY OF CARLSBAD COASTAL OF FISH AND GAME/THE IGATION AGREEMENT ("THE AND CDFG DATED 3. THIS CREDIT IS ENTENDED BY THE PARTIES TO THE AGREEMENT TO SERVE AS A SECURITY DEVICE FOR THE PERFORMANCE BY APPLICANT OF ITS OBLIGATIONS UNDER THE AGREEMENT. 4.UPON THE OCCURENCE OF ANY DEFAULT BY APPLICANT AS DETERMINED BY CDFG IN ITS SOLE DISCRETION UNDER THE AGREEMENT, CDFG SHALL BE ENTITLED TO DRAW UPON THIS CREDIT BY PRESENTATION OF A DULY EXECUTED CERTIFICATE FOR DRAWING IN SUBSTANTIALLY THE SAME FORM AS ATTACHMENT A t ATTACHED HERETO, AT OUR OFFICE LOCATED AT 231 SOUTH LASALLE STREET, CHICAGO, ILLINOIS 60697, ATTN: LETTERS OF CREDIT - 1580. 5. THE CERTIFICATE SHALL BE COMPLETED AND SIGNED BY AN "AUTHORIZED REPRESENTATIVE" AS DEFINED IN PARAGRAPH 12. PRESENTATION BY CDFG OF A COMPLETED CERTIFICATE MAY BE MADE IN PERSON OR BY REGISTERED MAIL, RETURN RECEIPT REQUESTED. 6. UPON PRESENTATION OF A DULY EXECUTED CERTIFICATE AS ABOVE PROVIDED, PAYMENT SHALL BE MADE TO CDFG, OR TO AN ACCOUNT DESIGNATED BY CDFG, IN IMMEDIATELY AVAILABLE FUNDS, AT SUCH TIME AND PLACE AS CDFG SHALL SPECIFY. 7. FUNDS MAY BE DRAWN IN ONE OR MORE DRAWINGS NOT TO EXCEED THE PRINCIPAL SUM. 8. IF A DEMAND FOR PAYMENT DOES NOT CONFORM TO THE TERMS OF THIS CREDIT, WE SHALL GIVE CDFG PROMPT NOTICE THAT THE DEMAND FOR PAYMENT WAS NOT EFFECTED IN ACCORDANCE WITH THE TERMS OF THIS CREDIT, STATE THE REASONS THEREFOR, AND AWAIT FURTHER INSTRUCTIONS. ORIGINAL Cov Continental Bank CABLE ADDRESS: Conil Bank Telex 02-5233 • SWIFT ADDRESS: CNTLUS44 • TELEFAX NUMBER: 987-6828 PAGE: 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: C7193852 9. UPON BEING NOTIFIED THAT THE DEMAND FOR PAYMENT WAS NOT EFFECTED IN CONFORMITY WITH THE CREDIT, CDFG MAY CORRECT ANY SUCH NON-CONFORMING DEMAND FOR PAYMENT. 10. ALL DRAWINGS UNDER THIS CREDIT SHALL BE PAID WITH OUR FUNDS. EACH DRAWING HONORED BY US HEREUNDER SHALL REDUCE, PRO TANTO, THE PRINCIPAL SUM. BY PAYING TO CDFG AN AMOUNT DEMANDED IN ACCORDANCE HEREWITH, WE MAKE NO REPRESENTATIONS AS TO THE CORRECTNESS OF THE AMOUNT DEMANDED. 11. THIS CREDIT WILL BE CANCELLED IN WHOLE UPON RECEIPT BY US OF A CERTIFICATE OF CANCELLATION, WHICH (I) SHALL BE IN THE FORM OF ATTACHMENT B ATTACHED HERETO, AND (II) SHALL BE COMPLETED AND SIGNED BY ANY PERSON PURPORTING TO BE AN AUTHORIZED REPRESENTATIVE, AS DEFINED IN THE NEXT PARAGRAPH. 12. AN "AUTHORIZED REPRESENTATIVE" SHALL MEAN ONE OF THE FOLLOWING PERSONS: DIRECTOR OF THE DEPARTMENT OF FISH AND GAME, OR THE LEGAL ADVISOR OF THE DEPARTMENT OF FISH AND GAME. 13. COMMUNICATIONS WITH RESPECT TO THIS CREDIT SHALL BE IN WRITING AND ADDRESSED TO US AT 231 SOUTH LASALLE STREET, CHICAGO, ILLINOIS 60697, ATTENTION: LETTERS OF CREDIT - 1580, SPECIFICALLY REFERRING UPON SUCH WRITING TO THIS CREDIT BY NUMBER C7193852. 14. THIS CREDIT MAY NOT BE TRANSFERRED OR ASSIGNED, EITHER IN WHOLE OR IN PART. 15. THIS CREDIT SHALL DE DEEMED A CONTRACT MADE UNDER THE LAWS OF THE STATE OF CALIFORNIA. 16. THIS CREDIT SHALL, IF NOT CANCELLED AS PROVIDED HEREIN, EXPIRE NO LATER THAN JANUARY 15, 1993 OF THE DATE OF ITS EXECUTION. THEREFORE, CONTINENTAL BANK N.A. HAS EXECUTED AND DELIVERED THIS IRREVOCABLE STANDBY LETTER OF CREDIT TO THE BENEFICIARY AS OF THE 29TH DAY OF JANUARY, 1992. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION, PLEASE CALL 312-923-5916. CONTINENTAL BANK, NATIONAL ASSOCIATION FOR CASHIER FOR CASHIER / THIS DOCUMENT CONSISTS OF 2 PAGE(S). ORIGINAL VlNI'1O %1O'J -- C00% LA It FAIRWAYS 0 aS C, 0 ACC -44 WY . eel N s. City of Carlsbad CT 90-23 PUD9O-23 HDP 9O11 p a a, * I a 1 *11 1 1 * a, IVIN all see Pit, 4440, 2- Air MON 0• 12.5 DUMCRE RMH goOv- _ ;.:cRE1.. 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