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HomeMy WebLinkAboutCT 90-24; CALAVERA HEIGHTS VILLAGE R; Tentative Map (CT)p 61 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For Dept. (For Dept. Use Only) Use Only) \- II 0 Master Plan ............... n ............ ..______ 0 Precise Development Plan... nx Tentative Tract Map ........ .________ Planned Development Permit __ 0 General Plan Amendment ...... .________ 0 Site Development Plan....... 0 Zone Change. ................ .________ Conditional Use Permit ...... .________ Hillside Development Permit. 0 Non-Residential Planned Environmental Impact Development Permit ........ Assessment ................ ________ . 0 CondominiumPermit ......... °Variance .................... .______ . El Special Use Permit ......... 0 Planned Industrial Permit... 0 Redevelopment Permit ....... 0 Coastal Development Permit.. . 0 Tentative Parcel Map ....... 0 Planning Commission Deter... 0 Administrative Variance.... 2) LOCATION OF PROJECT: ON THE ISOUTHEAST JSIDE OFIPROPOSED TAMARACK AVE (WITHIN VILLAGE T) (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN f PROPOSED COLLEGE BLVD. AND [LAKE CALAVERA I (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRI PT I ON :ICALAVERA HILLS VILLAGE "R" BEING A SUBDIVISION PORTION OF LOT D OF RANCHO 4) ASSESSOR PARCEL NO(S). 168-040-22 AND 168-040-25 (POR) 5) LOCAL FACILITIES 7 6) EXISTING GENERAL RLM 7) PROPOSED GENERAL RLM MANAGEMENT ZONE PLAN DESIGNATION PLAN DESIGNATION 8) EXISTING ZONING PC ]9 ) PROPOSED ZONING[ PC JIO) GROSS SITE2XAC I. ACREAGE 11) PROPOSED NUMBER OF 6 112) PROPOSED NUMBERI 9 113 6 TYPE OF IRESIDENTI4 RESIDENTIAL UNITS OF LOTS BDIVISION 1 (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITS o I COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL N/A 16) PROPOSED COMMERCIAL N/A OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE ARFM0008.DH 4/89 91 q' 3) 5ô-S /-, ft CITY OF CARLSBAD DgVELOP. PROC. SERV. DIV. DATE STAMP APPLICATION RECEIVED RECEIVED BY: IC CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE t *D0L 19) PROPOSED INCREASE *EXCLUDES PRIVATE OPEN SPACE IN AVERAGE DAILY 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 6 TRAFFIC 60 1 20) PROJECT NAME: CALAVERA HEIGHTS - VILLAGE "R" 21)BRIEF DESCRIPTION OF PROJECT: F SINGLE FAMILY DETACHED RESIDENTIAL SUBDIVISION I PROPOSING 6 DWELLING UNITS ON APPROXIMATELY 5.14 ACRES. 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE) £ALSBAD NAME (PRINT OR TYPE) 5O9N5 MAILING ADDRESS MAILING ADDRESS 4330 LA JOLLA VILLAGE DRIVE, SUITE 130 10179 HUENNEKENS STREET CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE SAN DIEGO, CA 92122 (619) 546-1200 SAN DIEGO, CA 92121 (619) 558-4500 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 SIGNATU E DATE THE BEST OF MY KNOWLEDGE. 2 SIGNATURE DATE **************y***************************** *******Q*\*** FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED JUL 2 5 1990 TOTAL FEE REQUIREDI56)12/0 f DATE FEE PAIDI7_25T?OJ RECEIPT NO.1 nko I \Mf C I . ORDER NO. 1061930-22 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 FEBRUARY 2, 1993 THE WILLIAM LYON COMPANY 4490 VON KARMAN AVENUE, SUITE 130 NEWPORT BEACH, CALIFORNIA ATTN: SHIRLEY O'CONNOR YOUR REF: CALAVERA HILLS UNIT R OUR ORDER NO. 1061930-22 IN RESPONSE TO THE HER 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 0F 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 JANUARY 28, 1993 AT 7:30 N. LEE STEGALLIMAF - TITLE OFFICER DIRECT DIAL PHONE 231-4664 PAGE 1 / ORDER NO. 1061930-22 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: LYON/COPLEY CARLSBAD ASSOCIATES, L.P., 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. SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1992-93, A LIEN NOT YET DELINQUENT. 2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 4. SAID LAND LIES WITHIN THE BOUNDARIES OF SPECIAL TAX ASSESSMENT DISTRICT(S) CREATED BY A "COMMUNITY FACILITIES DISTRICT" MAP RECORDED UNDER THE PROVISIONS OF THE MELLO-ROOS ACT (STREETS AND HIGHWAY CODE SECTION 3100, ET SEQ.) OF THE CALIFORNIA STATE LEGISLATURE. NOTE: UPON OFFICIAL FORMATION, POTENTIAL ADDITIONAL TAXES MAY BE AUTHORIZED AND LEVIED BY THE DISTRICT WHICH WILL BE INCORPORATED PAGE 2 ORDER NO. 1061930-22 INTO THE REGULAR PROPERTY TAX BILL AND MADE A PART OF THE GENERAL TAX COLLECTION PROCESS. 5. AN EASEMENT FOR LINES OF POLES OR STEEL TOWERS AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JUNE 1, 1953 IN BOOK 4874, PAGE 143 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 150 FEET IN WIDTH, MEASURED 110 FEET NORTHWESTERLY AND 40 FEET SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF LOT "E" OF SAID RANCHO AGUA HEDIONDA, WHICH POINT IS SOUTHEASTERLY A DISTANCE OF 1234.64 FEET FROM CORNER NO. 3 OF SAID LOT "E"; THENCE NORTH 28 0 48'24" EAST A DISTANCE OF 8868.32 FEET TO POINT "A"; THENCE NORTH 65 0 47 1 04" EAST TO THE EASTERLY LINE OF RECORD OF SURVEY MAP NO. 9336. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 6. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, IN AN INSTRUMENT RECORDED APRIL 1, 1958 IN BOOK 7016, PAGE 536 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. 7. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, IN AN INSTRUMENT RECORDED JANUARY 5, 1959 IN BOOK 7427, PAGE 358 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. 8. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED FEBRUARY 25, 1980, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LAKE CALAVERA HILLS ASSOC. AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: MAY 19, 1980 AS FILE NO. 80-164050 OF OFFICIAL RECORDS. 9. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 9336, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. PAGE 3 ORDER NO. 1061930-22 10. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED OCTOBER 20, 1983, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CEDRIC E. SANDERS DBA CALAVERA HILLS COMPANY AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: OCTOBER 28, 1983 AS FILE NO. 83-391316 OF OFFICIAL RECORDS. 11. A LICENSE AGREEMENT FOR GRADING ON VILLAGE E-2 IN CALAVERA HILLS DATED JUNE 3, 1985 1 UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CEDRIC E. SANDERS AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: FEBRUARY 26, 1987 AS FILE NO. 87-103169 OF OFFICIAL RECORDS. 12. AN EASEMENT FOR ROADWAYS AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED APRIL 9, 1987 AS FILE NO. 87-190347 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT AN ANGLE POINT ON THE BOUNDARY OF THE LAND SURVEYED AND SHOWN ON RECORD OF SURVEY MAP NO. 9336, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, SAID ANGLE POINT BEING THE WESTERLY TERMINUS OF THAT CERTAIN COURSE HAVING A BEARING AND DISTANCE OF "NORTH 81 0 24'19 11 WEST, 96.93 FEET" AS SHOWN AND DELINEATED ON SHEET 1 OF SAID RECORD OF SURVEY MAP NO. 9336; THENCE ALONG THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 9336, SOUTH 81°24 1 19" EAST, 20.00 FEET; THENCE LEAVING SAID BOUNDARY, NORTH 76 0 58 1 54" EAST, 220.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 76 0 58 1 54" EAST, 38.37 FEET; THENCE SOUTH 68 0 01 1 56" EAST, 29.08 FEET; THENCE SOUTH 85 0 07 1 26" EAST, 29.59 FEET; THENCE NORTH 29 0 11 1 23" EAST, 14.67 FEET; THENCE NORTH 76 0 58 1 54" EAST, 13.50 FEET; THENCE SOUTH 42 0 05 1 39" EAST, 12.10 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN EASEMENT GRANTED TO SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JUNE 1, 1953 IN BOOK 4874, PAGE 143 OF OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO; THENCE ALONG THE BOUNDARY OF SAID EASEMENT, SOUTH 47°54'21" WEST, 20.00 FEET AND SOUTH 42 0 05 1 39" EAST, 18.00 FEET; THENCE LEAVING SAID BOUNDARY, SOUTH 85 0 07 1 26" WEST, 58.70 FEET; THENCE NORTH 68 0 01 1 56" WEST, 65.77 FEET TO SAID TRUE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 4 ORDER NO. 1061930-22 13. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED AUGUST 25, 1987, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: VERNON SAVINGS AND LOAN ASSOCIATION, FSA AND THE CITY OF CARLSBAD. RECORDED: OCTOBER 12, 1987 AS FILE NO. 87-574492 OF OFFICIAL RECORDS. 14. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED AUGUST 25, 1987, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: VERNON SAVINGS AND LOAN ASSOCIATION, FSA AND THE CITY OF CARLSBAD. RECORDED: OCTOBER 12, 1987 AS FILE NO. 87-574493 OF OFFICIAL RECORDS. 15. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED DECEMBER 7 1 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LYON/COPLEY CARLSBAD ASSOCIATES AND THE CITY OF CARLSBAD. RECORDED: APRIL 13, 1990 AS FILE NO. 90-202007 OF OFFICIAL RECORDS. 16. AN AGREEMENT REGARDING PAYME1 FT OF A PUBLIC FACILITIES FEE, DATED MARCH 13, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LYON/COPLEY CARLSBAD ASSOCIATES, L.P. AND THE CITY OF CARLSBAD. RECORDED: JULY 27, 1990 AS FILE NO. 90-409613 OF OFFICIAL RECORDS. 17. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED JUNE 27, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LYON/COPLEY CARLSBAD ASSOCIATES AND THE CITY OF CARLSBAD. RECORDED: JULY 27, 1990 AS FILE NO. 90-409614 OF OFFICIAL RECORDS. PAGE 5 . . ORDER NO. 1061930-22 18. A HOLD HARMLESS AGREEMENT DRAINAGE DATED JULY 19, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD. RECORDED,: AUGUST 16, 1990 AS FILE NO. 90-450020 OF OFFICIAL RECORDS. 19. AN AGREEMENT REGARDING TO PAY DRAINAGE FEES AS REQUIRED BY THE GROWTH MANAGEMENT PROGRAM AND THE ADOPTED LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 7, DATED JULY 17, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD. RECORDED: AUGUST 20, 1990 AS FILE NO. 90-455895 OF OFFICIAL RECORDS. 20. A CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS AGREEMENT DATED JULY 17, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE CITY OF CARLSBAD AND LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP. RECORDED: AUGUST 20, 1990 AS FILE NO. 90-455896 OF OFFICIAL RECORDS. 21. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NOS. 10128, 10663, 10860, 10865, 11286, 11477, 11588 AND 11826, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 22. AN EASEMENT FOR CABLE TELEVISION FACILITIES AND INCIDENTAL PURPOSES IN FAVOR OF DANIELS CABLEVISION INC., RECORDED SEPTEMBER 26, 1990 AS FILE NO. 90-526046 OF OFFICIAL RECORDS. THE ROUTE OR LOCATION CANNOT BE DETERMINED FROM SAID INSTRUMENT. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 23. A LIEN FOR UNSECURED PROPERTY TAX IN FAVOR OF THE COUNTY OF SAN DIEGO, RECORDED MARCH 1, 1991 AS FILE NO. 91-0090575 OF OFFICIAL RECORDS, IN THE AMOUNT OF $29.72, AND ANY OTHER AMOUNTS DUE THEREUNDER. ACCOUNT NO. 90 917547; TAXPAYER: LYON/COPLEY CARLSBAD ASSOCIATE. PAGE 6 . ORDER NO. 1061930-22 24. A NOTICE OF SPECIAL TAX LIEN FOR COMMUNITY FACILITIES DISTRICT NO. 1, RECORDED MAY 20, 1991 AS FILE NO. 91-0236959 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 25. A NOTICE CONCERNING PROXIMITY OF THE PLANNED OR EXISTING COLLEGE BOULEVARD TRANSPORTATION CORRIDOR(S) C.T. 83-19, EXECUTED BY AND BETWEEN LYON/COPLEY CARLSBAD ASSOCIATES, L.P.,, A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, RECORDED JUNE 5, 1991 AS FILE NO. 91-0267083 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 26. A NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS C.T. 83-19, EXECUTED BY AND BETWEEN LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, RECORDED JUNE 5, 1991 AS FILE NO. 91-0267084 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 27. AN EASEMENT FOR AIRCRAFT OPERATION, AIRCRAFT SOUND AND NOISE, AIRCRAFT AVIGATION AND FLIGHT, HAZARD AND AIR SPACE, FOR THE USE AND BENEFIT OF THE PUBLIC, INCLUDING THE UNITED STATES ARMED FORCES, FOR THE PASSAGE OF ALL AIRCRAFT, RECORDED JUNE 21, 1991 AS FILE NO. 91-0300593 OF OFFICIAL RECORDS, LOCATED WITHIN A PORTION OF THE HEREIN DESCRIBED PROPERTY. THE ROUTE OF WHICH IS FULLY DESCRIBED IN SAID DOCUMENT. NOTE: SAID DOCUMENT RECITES "C.T. 83-32" AS THE AFFECTED MAP. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 28. AN AGREEMENT NOT TO OPPOSE THE FORMATION OF AN ASSESSMENT MAINTENANCE DISTRICT FOR THE CONTINUED MAINTENANCE OF THE BUENA VISTA CREEK CHANNEL CT 83-19, 83-32, EXECUTED BY LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP, RECORDED JUNE 28 1 1991 AS FILE NO. 91-0316459 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 29. A HOLD HARMLESS AGREEMENT FOR DRAINAGE EXECUTED BY AND BETWEEN LYON/COPLEY CARLSBAD ASSOCIATES L.P., A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, RECORDED DECEMBER 9, 1991 AS FILE NO. 91-0632758 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 7 . . . 0 ORDER NO. 1061930-22 30. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUN OF $1,657,997.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED MAY 28, 1992 AS FILE NO. 1992-0324369 OF OFFICIAL RECORDS. DATED: MAY 4, 1992 TRUSTOR: LYON/COPLEY CARLSBAD ASSOCIATES, L.P. TRUSTEE: KENNETH A. HOXSIE BENEFICIARY: NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY AND C/O DEVELOPMENT ASSOCIATES AFFECTS THE PROPERTY HEREIN DESCRIBED WITH OTHER PROPERTY. A PARTIAL RECONVEYANCE EXECUTED BY KENNETH A. HOXSIE, RECORDED JUNE 5, 1992 AS FILE NO. 1992-0351659 OF OFFICIAL RECORDS. SAID PARTIAL RECONVEYANCE RELEASES PARCELS 5 AND 6 OF THE PROPERTY DESCRIBED HEREIN. AN INSTRUMENT DATED JULY 1 1 1992, RECORDED AUGUST 31, 1992 AS FILE NO. 1992-0552105 OF OFFICIAL RECORDS, EXECUTED BY LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP ("BORROWER"), AND NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, A MASSACHUSETTS CORPORATION, AND C/O DEVELOPMENT ASSOCIATES, A MASSACHUSETTS GENERAL PARTNERSHIP PURPORTS TO MODIFY THE TERMS OF THE NOTE SECURED BY SAID DEED OF TRUST AS THEREIN PROVIDED. AN INSTRUMENT DATED JULY 1, 1992, RECORDED AUGUST 31, 1992 AS FILE NO. 1992-0552106 OF OFFICIAL RECORDS, EXECUTED BY LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP ("BORROWER"), AND NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, A MASSACHUSETTS CORPORATION ("NEL"), AND C/O DEVELOPMENT ASSOCIATES, A MASSACHUSETTS GENERAL PARTNERSHIP PURPORTS TO MODIFY THE TERMS OF THE NOTE SECURED BY SAID DEED OF TRUST AS THEREIN PROVIDED. AN INSTRUMENT DATED DECEMBER 1, 1992, RECORDED DECEMBER 31, 1992 AS FILE NO. 1992-0846012 OF OFFICIAL RECORDS, EXECUTED BY LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP ("BORROWER"), AND NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, A MASSACHUSETTS CORPORATION, AND C/O DEVELOPMENT ASSOCIATES, A MASSACHUSETTS GENERAL PARTNERSHIP PURPORTS TO MODIFY THE TERMS OF THE NOTE SECURED BY SAID DEED OF TRUST AS THEREIN PROVIDED. PAGE 8 ORDER NO. 1061930-22 31. THE EFFECT, IF ANY, OF PARCEL MAP NO. 13868, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 32. THE TERMS, COVENANTS, AND PROVISIONS OF THE PARTNERSHIP AGREEMENT REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS. 1992-1993 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09013 168-040-22 $3,518.33 PAID $3,518.33 OPEN $509,379.00 PAGE 9 Ll ORDER NO. 1061930-22 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: BEING A SUBDIVISION OF ALL THAT PORTION OF LOTS "D", "E" AND "J" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF THE 493.70 ACRE OF PARCEL OF LAND AS SHOWN ON RECORD OF SURVEY MAP NO. 9336, FILED IN THE OFFICE OF SAID COUNTY RECORDER, BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN THEREON AS NORTH 01 0 5758" EAST, 610.78 FEET; THENCE ALONG THE BOUNDARY OF SAID RECORD OF SURVEY NO. 9336 THE FOLLOWING COURSES: SOUTH 01 0 57 1 58" WEST, 610.78 FEET; THENCE NORTH 14 0 20 1 05" WEST, 173.76 FEET; THENCE SOUTH 55 0 38 1 49" WEST, 223.72 FEET; THENCE SOUTH 06°47'57" WEST, 453.91 FEET; THENCE SOUTH 23 0 20 1 39" WEST, 178.18 FEET; THENCE SOUTH 67 0 30 1 58" WEST, 104.71 FEET; THENCE SOUTH 06 0 54 1 33" WEST, 213.56 FEET; THENCE SOUTH 35 0 11 1 39" WEST, 151.59 FEET; THENCE NORTH 72 0 22 1 13" WEST, 179.56 FEET; THENCE NORTH 59 0 48 1 28" WEST 130.94 FEET; THENCE NORTH 10 025 1 27" WEST, 66.69 FEET; THENCE NORTH 79 0 42 1 34" WEST, 118.91 FEET; THENCE NORTH 43 0 09 1 17" WEST, 153.79 FEET; THENCE NORTH 81 0 24 1 19" WEST, 96.93 FEET; THENCE SOUTH 07 0 40'28" WEST, 190.85 FEET; THENCE SOUTH 08 0 24 1 37" EAST, 203.13 FEET; THENCE SOUTH 28 0 28 1 28" EAST, 327.62 FEET; THENCE SOUTH 13 0 32 '31" WEST, 98.53 FEET; THENCE SOUTH 59 0 25 1 58" WEST, 133.58 FEET; THENCE SOUTH 15 0 38 1 47" WEST, 352.73 FEET; THENCE SOUTH 57 0 48 1 41" EAST, 56.66 FEET; THENCE SOUTH 00 0 21 1 43" WEST, 2,179.75 FEET; THENCE NORTH 89 0 36 1 10" WEST, 265.41 FEET; THENCE SOUTH 01 0 15 1 40" WEST, 150.31 FEET; THENCE SOUTH 09 0 46 1 52" WEST, 112.81 FEET; THENCE SOUTH 20 0 51 1 39" WEST, 126.01 FEET; THENCE SOUTH 14 0 46 1 34" WEST, 57.07 FEET; THENCE SOUTH 07 0 13 1 08" WEST, 135.35 FEET; THENCE SOUTH 11 0 37 1 59" WEST, 65.22 FEET; THENCE SOUTH 14°43'll" WEST, 159.95 FEET; THENCE SOUTH 21 0 37 1 29" WEST, 190.15 FEET; THENCE SOUTH 13 0 43 1 44" WEST, 781.93 FEET; THENCE NORTH 89°25 1 15" WEST, 2,080.35 FEET TO THE SOUTHEAST CORNER OF LOT 140 OF CARLSBAD TRACT NO. 76-12 CALAVERA HILLS, ACCORDING TO MAP THEREOF NO. 9935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DECEMBER 16, 1980; THENCE CONTINUING ALONG THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 9336 AS FOLLOWS: NORTH 01 0 43 1 19" EAST, 610.00 FEET; THENCE NORTH 23 0 12 1 02" WEST, 720.30 FEET; THENCE SOUTH 78 0 12 1 06" EAST, 319.76 FEET; THENCE SOUTH 48 0 43 1 39" EAST, 335.00 FEET; THENCE NORTH 48 0 46 1 21" EAST, 250.00 PAGE 10 A / ORDER NO. 1061930-22 FEET; THENCE SOUTH 81 0 13 1 39" EAST, 210.00 FEET; THENCE NORTH 08°46 1 21" EAST, 980.00 FEET; THENCE NORTH 24 0 13 1 39" WEST, 770.00 FEET TO A TANGENT 1 1 000 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 301.73 FEET THROUGH AN ANGLE OF 17 0 17'17"; THENCE LEAVING SAID CURVE SOUTH 69 0 28 1 42" WEST, 1,408.19 FEET TO A POINT ON THE ARC OF A 1,042 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY ON THE EASTERLY LINE OF TAMARACK AVENUE, A RADIAL LINE OF SAID CURVE BEARS SOUTH 85°33 1 46" EAST, TO SAID POINT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 186.74 FEET, THROUGH AN ANGLE OF 10 0 16'06"; THENCE TANGENT TO SAID CURVE SOUTH 14 0 42'20" WEST, 138.62 FEET TO A TANGENT 642 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 249.81 FEET THROUGH AN ANGLE OF 22 0 17'40 11 ; THENCE TANGENT TO SAID CURVE, SOUTH 37 0 00'00" WEST, 702.00 FEET TO A TANGENT 958 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, 264.04 FEET THROUGH AN ANGLE OF 15 0 47 1 30"; THENCE TANGENT TO SAID CURVE SOUTH, 21 0 12'30" WEST, 455.94 FEET; THENCE NORTH 00 0 36 1 38 EAST, 944.30 FEET; THENCE NORTH 89 0 25 1 06" WEST, 300.33 FEET; THENCE SOUTH 00034 '54" WEST, 660.00 FEET; THENCE NORTH 89 0 25'06" WEST 317.29 FEET; THENCE NORTH 0003522 EAST, 987.58 FEET; THENCE NORTH 24 0 22'59" WEST, 517.37 FEET TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO CEDRIC E. SANDERS, RECORDED DECEMBER 29, 1983 AS FILE NO. 83-475916 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINE OF SAID LAND AS FOLLOWS: SOUTH 82 0 57'05" WEST, RECORD SOUTH 82°59 1 47" WEST, 70.00 FEET; THENCE NORTH 24 0 22 1 59" WEST, RECORD NORTH 24 0 20 1 17" WEST, 95.00 FEET; THENCE NORTH 05 0 02 1 00" WEST, RECORD NORTH 04 0 59 1 18" WEST, 28.72 FEET TO A TANGENT 150 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 114.94 FEET THROUGH AN ANGLE OF 43 0 54'14 1#; THENCE TANGENT TO SAID CURVE, NORTH 48 0 56 1 14" WEST, RECORD NORTH 48 0 53 1 30" WEST, 22.76 FEET; THENCE NORTH 41 0 03'39" EAST, RECORD NORTH 41 0 06 1 30" EAST, 79.00 FEET TO SAID BOUNDARY LINE OF RECORD OF SURVEY MAP NO. 9336; THENCE ALONG SAID LINE NORTH 24 0 22 1 59" WEST, 66.33 FEET TO AN ANGLE POINT ON THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED TO MC MILLIN DEVELOPMENT, INC., RECORDED DECEMBER 29, 1983 AS FILE NO. 83-475914 OF OFFICIAL RECORDS, BEING A POINT ON THE ARC OF A 470 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE OF SAID CURVE BEARS SOUTH 48 0 56 1 10" EAST, (DEED RECORD SOUTH 48 0 53 1 30 11 EAST), TO SAID POINT; THENCE ALONG THE BOUNDARY LINE OF SAID LAND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, 78.16 FEET THROUGH AN ANGLE OF 09 0 31'42" TO A POINT OF COMPOUND CURVATURE WITH A CURVE, HAVING A RADIUS OF 25 FEET; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, 38.64 FEET THROUGH AN ANGLE OF 82 0 32 1 59" TO A POINT OF REVERSED CURVATURE WITH A CURVE, HAVING A RADIUS OF 742 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, 171.74 FEET, THROUGH AN ANGLE OF 13 0 15'39" TO BOUNDARY LINE OF RECORD OF SURVEY MAP NO. 9336; THENCE ALONG SAID BOUNDARY LINE THEREOF AS FOLLOWS: THENCE NORTH 24 0 22 1 59" WEST, 710.52 FEET TO AN ANGLE POINT THEREON; THENCE NORTH 24 0 25'15" WEST, 1,805.09 FEET; THENCE NORTH 70004 '42" PAGE 11 ORDER NO. 1061930-22 EAST, 515.00 FEET; THENCE SOUTH 42 0 46 1 18" EAST 95.60 FEET; THENCE SOUTH 43 0 00 1 00" EAST, 380.00 FEET; THENCE SOUTH 03 0 30 1 00" EAST, 190.00 FEET; THENCE SOUTH 31 0 30 1 00" EAST, 360.00 FEET; THENCE SOUTH 15°00 1 00" EAST, 140.00 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 28°37 1 41" EAST, 60.70 FEET TO AN ANGLE POINT IN SAID BOUNDARY; THENCE ALONG SAID BOUNDARY SOUTH 28 0 37 1 41" EAST, 482.64 FEET; THENCE SOUTH 02°54 1 50" WEST, 350.00 FEET; THENCE SOUTH 17 0 25 1 10" EAST, 430.00 FEET; THENCE SOUTH 24 0 25 1 10" EAST, 490.00 FEET; THENCE SOUTH 10°43 1 01" EAST, 257.35 FEET; THENCE SOUTH 24 0 25 1 10" EAST, 430.00 FEET; THENCE SOUTH 48 0 05 1 12" EAST, 200.00 FEET; THENCE SOUTH 24°25 1 10" EAST, 300.00 FEET; THENCE NORTH 59 0 09 1 50" EAST 587.00 FEET; THENCE NORTH 43 0 26 1 16" EAST, 339.00 FEET; THENCE SOUTH 79 0 57 1 54" EAST, 71.22 FEET TO A POINT ON THE ARC OF A 1,000 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LINE OF SAID CURVE BEARS SOUTH 75 0 17 1 40" EAST TO SAID POINT, BEING A POINT ON THE CENTER LINE OF TAMARACK AVENUE; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 581.64 FEET, THROUGH AN ANGLE OF 33 0 19'32"; THENCE TANGENT TO SAID CURVE NORTH 18 0 37'12" WEST, 583.42 FEET TO AN ANGLE POINT; THENCE LEAVING SAID BOUNDARY NORTH 18 0 37 1 12" WEST, 378.89 FEET TO A TANGENT 300 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 78.73 FEET THROUGH AN ANGLE OF 15°02'll" TO SAID BOUNDARY LINE OF RECORD OF SURVEY MAP NO. 9336; THENCE ALONG SAID BOUNDARY NORTH 79 0 14 1 50" EAST, 611.45 FEET TO AN ANGLE POINT; THENCE SOUTH 87°15 1 10" EAST, 77.00 FEET; THENCE LEAVING SAID BOUNDARY NORTH 04°01'32" EAST, 507.85 FEET TO A POINT IN SAID BOUNDARY DISTANT THEREON SOUTH 80 0 35 1 00" EAST, 92.15 FEET FROM AN ANGLE POINT THEREON; THENCE ALONG SAID BOUNDARY AS FOLLOWS: NORTH 80 0 35 1 00" WEST, 92.15 FEET; THENCE NORTH 21 0 05 1 00" WEST, 444.98 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE CLOCKWISE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 129 005b001, A DISTANCE OF 112.65 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 72°00 1 00" EAST, 88.57 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE COUNTERCLOCKWISE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 79 0 57 1 49", A DISTANCE OF 69.78 FEET TO A POINT OF REVERSE CURVATURE WITH A 2,000 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 61°57 1 49" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15 0 42 1 39 11 , A DISTANCE OF 548.41 FEET TO A POINT IN THE ARC OF SAID CURVE, TO WHICH A RADIAL LINE BEARS NORTH 46 0 15 1 10" WEST; THENCE ALONG A NON-TANGENT LINE NORTH 59 0 51 1 57" EAST, 804.25 FEET; THENCE NORTH 13 0 27 1 33" WEST, 360.00 FEET TO THE NORTH LINE OF SAID RECORD OF SURVEY NO. 9336; THENCE NORTH 89 0 19 1 07" EAST, 1,113.53 FEET; THENCE NORTH 89 0 19 1 35" EAST, 2,580.31 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF LOT D DESCRIBED AS FOLLOWS: PAGE 12 ORDER NO. 1061930-22 BEGINNING AT A POINT ON THE CENTER LINE INTERSECTION OF ELM AVENUE AND COLLEGE BOULEVARD, SAID POINT BEING A POINT ON CURVE OF COLLEGE BOULEVARD AND HAVING A RADIUS OF 1,000 FEET, CONCAVE EASTERLY, WITH A RADIAL LINE THAT BEARS NORTH 73 0 51 1 53" WEST; THENCE IN A NORTHEASTERLY DIRECTION ALONG THE CENTER LINE OF SAID CURVE AND COLLEGE BOULEVARD, THROUGH A CENTRAL ANGLE OF 3 -40'08", AN ARC DISTANCE OF 64.03 FEET; THENCE LEAVING SAID CENTER LINE OF COLLEGE BOULEVARD ON A RADIAL LINE OF SAID CURVE, SOUTH 70 0 11 1 45" EAST, 51.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF COLLEGE BOULEVARD AND TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THAT CERTAIN 30 FOOT WIDE SAN DIEGO COUNTY WATER AUTHORITY EASEMENT RECORDED ON JUNE 13, 1979 AS FILE NO. 79-243270 OF OFFICIAL RECORDS AND QUITCLAIMED TO COSTA REAL MUNICIPAL WATER DISTRICT ON JULY 19, 1982 AS FILE NO. 82- 220671 OF OFFICIAL RECORDS. SAID NORTHERLY EASEMENT LINE BEARS SOUTH 79 0 29'26" WEST, SAID POINT OF INTERSECTION ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID RIGHT OF WAY LINE OF COLLEGE BOULEVARD IN A NORTHEASTERLY DIRECTION ALONG A 949 FOOT RADIUS CURVE, CONCAVE EASTERLY, THROUGH A CENTRAL ANGLE OF 7 0 50 1 55 11 , AN ARC DISTANCE OF 130.00 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE ON A RADIAL LINE OF SAID CURVE, SOUTH 62 0 20'50" EAST, 70.00 FEET; THENCE SOUTH 10 0 30 1 34" EAST, 64.14 FEET TO A POINT ON THE NORTHERLY LINE OF SAID CERTAIN 30.00 FOOT WIDE EASEMENT; THENCE ALONG THE NORTHERLY LINE OF SAID CERTAIN 30.00 FOOT WIDE EASEMENT SOUTH 79 0 29'26 11 WEST, 128.12 FEET TO THE TRUE POINT OF BEGINNING,AS CONVEYED TO COSTA REAL MUNICIPAL WATER DISTRICT BY DEED RECORDED NOVEMBER 23, 1982 AS FILE NO. 82-362092 AND RE-RECORDED MARCH 30, 1983 AS FILE NO. 83-099713, BOTH OF OFFICIAL RECORDS. ALSO EXCEPTING THAT PORTION OF LOT D DESCRIBED AS FOLLOWS: COMMENCING AT POINT NO. 5 OF LOT "D" AS SHOWN ON SAID PARTITION MAP NO. 823; THENCE NORTH 13 0 27'35" WEST, 1,079.76 FEET; THENCE NORTH 76°32 1 25" EAST, 541.71 FEET TO THE WESTERLY CORNER OF LAND DESCRIBED IN DEED TO THE CARLSBAD MUNICIPAL WATER DISTRICT RECORDED JANUARY 9, 1967 AS FILE NO. 2637 OF OFFICIAL RECORDS; THENCE SOUTH 72 0 06 1 54" EAST, 145.14 FEET TO THE SOUTHERLY CORNER OF SAID CARLSBAD MUNICIPAL WATER DISTRICT LAND, BEING A POINT ON A 122.50 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 12 0 10 1 00" EAST, AND BEING ALSO THE TRUE POINT OF BEGINNING; THENCE SOUTHWESTERLY ALONG SAID CURVE, A CENTRAL ANGLE OF 05 0 54 1 43 11 , AN ARC DISTANCE OF 12.64 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 83 0 44 1 43" WEST, 63.67 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 74 0 20 1 09 01 , AN ARC DISTANCE OF 25.95 FEET TO THE BEGINNING OF A REVERSE 130.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 18 0 49 1 5111 , AN ARC DISTANCE OF 42.73 FEET TO THE BEGINNING OF A REVERSE 122.50 FOOT RADIUS CURVE; THENCE CLOCKWISE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 298 0 35 1 00't AN ARC DISTANCE OF 638.38 TO THE TRUE POINT OF BEGINNING, AS CONVEYED TO PAGE 13 ORDER NO. 1061930-22 COSTA REAL MUNICIPAL WATER DISTRICT BY DEED RECORDED MAY 18, 1984 AS FILE NO. 84-186998 OF OFFICIAL RECORDS. ALSO EXCEPTING THAT PORTION OF LOT J DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF CARLSBAD TRACT NO. 81- 47 IN SAID CITY AND STATE ACCORDING TO MAP THEREOF NO. 10565, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 17, 1983; THENCE SOUTH 69 0 28'42" WEST, 754.99 FEET (RECORD 754.89 FEET PER MAP NO. 10565) ALONG THE NORTHERLY SUBDIVISION BOUNDARY OF SAID TRACT NO. 81-47 TO THE MOST NORTHWESTERLY CORNER OF SAID TRACT NO. 81-47, SAID POINT BEING ON THE CENTER LINE OF GLASGOW DRIVE AS DEDICATED TO THE PUBLIC PER MAP NO. 10565; THENCE CONTINUING SOUTH 69°28'42" WEST, 30.02 FEET TO THE WESTERLY LINE OF GLASGOW DRIVE; THENCE ALONG THE EASTERLY LINE OF AN EASEMENT FOR PUBLIC ROADWAY PURPOSES PER DOCUMENT RECORDED FEBRUARY 26, 1986 AS FILE NO. 86- 075424 OF OFFICIAL RECORDS, NORTH 18°37 1 12" WEST, 460.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 71 0 22'46" WEST, 130.00 FEET; THENCE NORTH 18 0 37 1 12" WEST, 150.00 FEET TO THE SOUTHERLY LINE OF SAID EASEMENT FOR PUBLIC ROADWAY PURPOSES PER DOCUMENT RECORDED FEBRUARY 26, 1986 AS FILE NO. 86-075424 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHERLY LINE, NORTH 71°22 1 48" EAST, 105.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°00 1 00", 39.27 FEET; THENCE ALONG THE WESTERLY LINE OF SAID EASEMENT FOR PUBLIC ROADWAY PURPOSES PER DOCUMENT RECORDED FEBRUARY 26, 1986 AS FILE NO. 86-075424 OF OFFICIAL RECORDS SOUTH 18 0 37 1 12" EAST, 125.00 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THAT PORTION OF LOT J DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF CARLSBAD TRACT NO. 81- 47 IN SAID CITY AND STATE, ACCORDING TO MAP THEREOF NO. 10565, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 17, 1983; THENCE SOUTH 69 0 28 1 42" WEST, 754.99 FEET (RECORD 754.89 FEET PER MAP NO. 10565) ALONG THE NORTHERLY SUBDIVISION BOUNDARY OF SAID TRACT NO. 81-47 TO THE MOST NORTHWESTERLY CORNER OF SAID TRACT NO. 81-47 1 SAID POINT BEING ON THE CENTER LINE OF GLASGOW DRIVE, AS DEDICATED TO THE PUBLIC PER MAP NO. 10565; THENCE CONTINUING SOUTH 69 0 28'42" WEST, 30.02 FEET TO THE WESTERLY LINE OF GLASGOW DRIVE, THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 69 0 28 1 42" WEST, 623.26 FEET TO A POINT ON THE EASTERLY LINE OF AN EASEMENT FOR PUBLIC ROADWAY PURPOSES PER DOCUMENT RECORDED JULY 24, 1985 AS FILE NO. 85- 263533 OF OFFICIAL RECORDS, SAID POINT BEING ON A CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 1 1 042.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 85°33'46" EAST, THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE OF TAMARACK AVENUE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 23 0 03 1 26 11 , 419.33 FEET; THENCE NORTH 18 0 37 1 12" PAGE 14 1 11 k IX -v i . ORDER NO. 1061930-22 WEST, 197.62 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90 -00 1 00", 39.27 FEET; THENCE ALONG THE SOUTHERLY LINE OF AN EASEMENT FOR PUBLIC ROADWAY PURPOSES PER DOCUMENT RECORDED FEBRUARY 26, 1986 AS FILE NO. 86-075424 OF OFFICIAL RECORDS NORTH 71 0 22 1 48" EAST, 384.68 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 18 0 37 1 12" EAST, 150.00 FEET; THENCE NORTH 71°22 1 48" EAST, 130.00 FEET TO THE WESTERLY LINE OF SAID EASEMENT FOR PUBLIC ROADWAY PURPOSES PER DOCUMENT RECORDED FEBRUARY 26, 1986 AS FILE NO. 86-075424 OF OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY LINE, SOUTH 18°37 1 12" EAST, 460.04 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THOSE PORTIONS OF LOTS "D" AND "J" DESCRIBED AS FOLLOWS: BEGINNING AT AN ANGLE POINT IN THE BOUNDARY OF RECORD OF SURVEY MAP NO. 9336, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS NORTH 29 0 40 1 59" EAST, 420.00 FEET AND REPRESENTING THE CENTER LINE OF PROPOSED COLLEGE BOULEVARD AS SHOWN ON SHEET 2 OF 3 OF SAID RECORD OF SURVEY MAP NO. 9335; THENCE SOUTH 29 0 40 1 59" WEST, ALONG THE BOUNDARY OF SAID RECORD OF SURVEY NO. 9336 AND ITS SOUTHWESTERLY PROLONGATION, A DISTANCE OF 586.52 FEET TO THE BEGINNING OF A TANGENT 1,000.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 13°32 1 52 01 , A DISTANCE OF 236.45 FEET; THENCE LEAVING SAID CURVE NORTH 73 0 51 1 53" WEST, ALONG THE PROLONGATION OF A RADIAL LINE TO SAID CURVE, A DISTANCE OF 155.70 FEET TO THE BEGINNING OF A TANGENT 1,000.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 34 0 59 1 19", A DISTANCE OF 606.59 FEET; THENCE SOUTH 71 0 22 1 48" WEST, 825.88 FEET; THENCE AT RIGHT ANGLES NORTH 18 0 37 1 12" WEST, A DISTANCE OF 688.69 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15 0 04 1 39",. A DISTANCE OF 78.95 FEET; THENCE LEAVING SAID CURVE ALONG A NON-TANGENT LINE NORTH 79 0 14 1 50" EAST, 611.50 FEET; THENCE SOUTH 87 0 15 1 10" EAST, 77.00 FEET; THENCE NORTH 04 0 01 1 32" EAST, A DISTANCE OF 507.85 FEET TO THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 9336; THENCE SOUTH 80°35 1 00" EAST, ALONG SAID BOUNDARY, A DISTANCE OF 1,147.85 FEET AND SOUTH 59 0 02 1 50" EAST, 373.81 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN ALL OF PARCEL MM' NO. 16233, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 21, 1990 AS FILE NO. 90-518471 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL OF CARLSBAD TRACT NO. 83-32, CALAVERA HILLS VILLAGE Q, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE PAGE 15 . . . . 0 ORDER NO. 1061930-22 OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12950, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16, 1992. ALSO EXCEPTING THEREFROM ALL OF CARLSBAD TRACT NO. 83-19, CALAVERA HILLS VILLAGE T, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12951, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16, 1992. PAGE 16 j TICOR TITLINSURANCE-S TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 925 "5" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081 APRIL 12, 1990 WILLIAM LYON CO. ATTN: GEORGE HAVIAR 4330 LA JOLLA VILLAGE, SUITE 130 LA JOLLA, CALIFORNIA 92122 YOUR REFERENCE: CALAVERA HILLS VILLAGE R OUR ORDER NO. : 1181184-AMENDED PRELIMINARY SUBDIVISION REPORT FOR TENTATIVE MAP. FOR THE BENEFIT OF THE SUBDIVIDER, THE SUBDIVIDER'S ENGINEER, THE COUNTY OF SAN DIEGO, AND ANY CITY WITHIN WHICH THE SUBDIVISION IS LOCATED. IN CONNECTION WITH THE PROPOSED RECORDATION OF THE SUBDIVISION MAP, A A PRELIMINARY EXAMINATION OF THOSE PUBLIC RECORDS WHICH UNDER THE RECORDING LAWS IMPART CONSTRUCTIVE NOTICE OF MATTERS RELATING TO SAID LAND, DISCLOSES THE FOLLOWING MATTERS. DATED AT 7:30 A.M. AS OF APRIL 10, 1990 TITLE OFFICER: TOM VOTEL TEL 619 544-6234 KEN CYR TEL 619 544-6236 VESTEE: LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP EXCEPTIONS: 1. GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. REPORT TO FOLLOW. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE TAXATION CODE OF THE STATE OF CALIFORNIA. AMENDED 1181184 PAGE 1 r J TICOR TITIINSURANCE 2. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY FOR LINES OF POLES OR STEEL TOWERS RECORDED : JUNE 1, 1953, DOCUMENT NO. 74511 IN BOOK 4874, PAGE 143 OF OFFICIAL RECORDS AFFECTS : 150 FEET IN WIDTH, MEASURED 110 FEET NORTHWESTERLY AND 40 FEET SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF LOT "E" OF SAID RANCHO AGUA HEDIONDA, WHICH POINT IS SOUTHEASTERLY A DISTANCE OF 1234.64 FEET FROM CORNER NO. 3 OF SAID LOT "E"; THENCE NORTH 28 °48'24" EAST A DISTANCE OF 8868.32 FEET TO POINT A; THENCE NORTH 65°47'04" EAST TO THE EASTERLY LINE OF RECORD OF SURVEY MAP NO. 9336. 3. COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION OF RESTRICTIONS EXECUTED BY : ELSIE KELLY ET AL RECORDED : APRIL 1, 1958, DOCUMENT NO. 51674 IN BOOK 7016, PAGE 536 OF OFFICIAL RECORDS RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. IT ALSO PROVIDES THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS FEBRUARY 25, 1980 LAKE CALAVERA HILLS ASSOC. AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION PAYMENT OF A PUBLIC FACILITIES FEE MAY 19, 1980, RECORDER'S FILE NO. 80-164050 WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS OCTOBER 20, 1983 CEDRIC E. SANDERS DBA CALAVERA HILLS COMPANY AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION PAYMENT OF A PUBLIC FACILITIES FEE OCTOBER 28, 1983, RECORDER'S FILE NO. 83-391316 4. AN AGREEMENT TO DATED BY AND BETWEEN REGARDING RECORDED 5. AN AGREEMENT TO DATED BY AND BETWEEN REGARDING RECORDED 6. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY FOR : A ROAD EASEMENT RECORDED : APRIL 9, 1987, RECORDER'S FILE NO. 87-190347 AFFECTS : AS SET FORTH IN SAID INSTRUMENT NOTES AMENDED 1181184 PAGE 2 r TICOR TITL iNSURANCE A. CODE AREA : 09013 PARCEL NO. : 168-040-22,25 AMENDED 1181184 PAGE 3 j TICOR TITLQ INSURANCE THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: CARLSBAD TRACT NO. 83-19, CALAVERA HILLS VILLAGE R, BEING A SUBDIVISION OF THAT PORTION OF LOT "0" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF THE 493.70 ACRE PARCEL OF LAND AS SHOWN ON RECORD OF SURVEY NO. 9336 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN THEREON AS "N. 1 0 57'58" E. 610.78 FEET"; THENCE, ALONG THE BOUNDARY OF SAID RECORD OF SURVEY NO. 9336 THE FOLLOWING FOUR COURSES: S. 1°57'58" W. 610.78 FEET, N. 14°17'45" W. 173.74 FEET (RECORD N. 14 0 20'05" W. 173.76 FEET), S. 55 0 39'43" W. 223.82 FEET (RECORD S. 55 0 38'49" W. 223.72 FEET), AND S. 6°47'57" W. 416.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG THE BOUNDARY OF SAID RECORD OF SURVEY NO. 9336 THE FOLLOWING ELEVEN COURSES: S. 6 0 47'57" W. 36.99 FEET, S. 23 °22'20" W. 178.12 FEET (RECORD S. 23 0 20'39" W. 178.18 FEET), S. 67 0 29'40" W. 104.69 FEET (RECORD S. 67 0 30'58" WEST 104.71 FEET), S. 6 0 53'20" W. 213.51 FEET (RECORD S. 6 0 54'33" W. 213.56 FEET), S. 35 0 12'00" WEST 151.62 FEET (RECORD S. 35 0 11'39" W. 151.59 FEET), N. 72 0 23'00" W. 179.50 FEET (RECORD N. 72 0 22'13" W. 179.56 FEET), N. 59 0 48'28" W. 131.03 FEET (RECORD N. 59 0 48'28" W. 130.94 FEET), N. 10 0 25'27" W. 66.59 FEET (RECORD N. 10 0 25'27" W. 66.69 FEET), N. 79 0 41'00" W. 118.91 FEET (RECORD N. 79 0 42 1 34" W. 118.91 FEET), N. 43 0 08'00" W. 153.75 FEET (RECORD N. 43 0 09'17" W. 153.79 FEET), AND N. 81 0 24'19" W. 76.93 FEET; THENCE, LEAVING THE BOUNDARY OF SAID RECORD OF SURVEY NO. 9336 N. 76 0 52'35" E. 264.97 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 20.00 FEET, A RADIAL BEARING OF SAID CURVE TO SAID POINT BEARS S. 75 0 10'56" W..; THENCE, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52 0 17'04" AN ARC DISTANCE OF 18.25 FEET; THENCE, TANGENT TO SAID CURVE N. 37 0 28'00" E. 54.31 FEET TO A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 228.00 FEET; THENCE, NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13 0 55'00" AN ARC DISTANCE OF 55.38 FEET; THENCE, RADIAL TO SAID CURVE S. 66 0 27'00" E. 134.21 FEET; THENCE, S. 3 0 03'00" WEST 10.78 FEET; THENCE, N. 76 0 52'35" E. 238.67 FEET; THENCE, N. 66 0 3335" E. 219.99 FEET TOTHE TRUE POINT OF BEGINNING. AMENDED 1181184 PAGE 4 WJ TICOR TITL•INSURANCE-S------ EXHIBIT A Printed Policy Exceptions and Exclusions ALTA RESIDENTIAL POLICY (6-1-87) The Exclusions and the Exceptions of the ALTA Residential Policy that result in no loss to you form recite that you are not insured against loss, costs, attorneys fees. and expenses resulting from: that first affect your title after the Policy Date--this does not limit the labor and material lien coverage in Item 8 of Covered Title Exclusions Risks 1 Governmental police power. and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning * land use - improvements on the land land division environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2 The right to take the land by condemning it, unless a notice of exercising the right appears in the public records on the Policy Date the taking happened prior to the Policy Date and is binding on you If you bought the land without knowing of the taking 3 Title Risks: that are created. allowed, or agreed to by you that are known to you. but not to us. on the Policy Date--unless they appeared in the public records 4 Failure to pay value for your title 5 Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A or in streets. alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Standard Exceptions (a) Any rights, interests or claims of parties in possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of the Covered Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. (d) Any water rights, claims or title to water on or under the land. ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE The Exclusions from Coverage of the ALTA Loan Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1 (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating. prohibiting or relating to (i)the occupancy, use, or enjoyment of the land; (ii)the character. dimensions or location of any improvement now or hereafter erected on the land: (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part: or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value Without knowledge. 3 Defects. liens, encumbrances, adverse claims or other matters: (a) created, suffered. assumed or agreed to by the insured claimant: (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (C) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material, or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage, 4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5 invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6 Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. AMENDED 1181184 PAGE 5 (continued on next page) =F-0 TICOR TITLINSURANCE- CLTA STANDARD COVERAGE POLICY-1988 rhe Exclusions from Coverage of the CLTA Standard Coverage Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses Which arise by reason of: 1 (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land: (ii) the character. dimensions or location of any improvement now or hereafter erected on the land: (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part: or (iv) environmental protection, or the effect of any violation of these laws. ordinances or governmental regulations. except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking Which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness. to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage. or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Schedule B of the CLTA Standard Coverage Policy form recites that this policy does not insure against loss or damage (and the Company will not pay costs. attorneys fees or expenses) which arise by reason of: Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings. whether or not shown by the records of such agency or by the public records. 2. Any facts. rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof, 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies. conflicts in boundary lines, shortage in area. encroachments. or any other facts Which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof: (c) water rights, claims or title to water. whether or not the matters excepted under (a),(b) or (C) are shown by the public records. 6. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 7 The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. ALTA OWNER'S POLICY (10-21-87) The Exclusions from Coverage of the ALTA Owner's Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law. ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting. regulating. prohibiting or relating to (i) the occupancy, use, or enjoyment of the land: (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations. except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (C) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage Which would not have been sustained if the insured claimant had paid ve for the estate or interest insured by this policy. Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009 AMENDED 1181184 PAGE 6 CITY OF CARLSBAD 1200 CARLSBAISILLAGE DRIVE CARLSBAD, RALIFORNIA 92008 434-2867 REC'D DATE -/J-Vff ACCOUNT NO DESCRIPTION AMOUNT cr 522 i2i0/23 W01 W.. 02 PP(FIPT Nfl 24 NOT VALID UNLESS VALIDATED BY TOTAL 5 L2 ®Printed onrecycled paper. CASH REGISTER ) CITY OF CARLSBAD 1200 ELM NUE CARLSBAD, CALIFO A 92008 438-5621 REC'D FROM •1 Ci 1 €_98 n ; Cii C-'PRMT 5084.00 ACCOUNT NO DESCRIPTION AMOUNT 1)1-1(-OO/I _ RECEIPT No. $8975 TOTAL Applicant Signatu! Date: / Staff Signature: S S PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processinq period will start upon the date of the completion letter. To be stapled with receipt to application Copy for file -4 1IøCity of risbad DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: Ust the names and addresses of all persons having a financial interest in the application. lIMITED PARTNER CO-GENERAL PARTNER New England Mutual Life Insurance Co. Audubon Associates, Inc. do Copley Real Estate Advisors, Inc. 4490 Von Karman 399 Boylston Street Newport Beach, California 9266U Boston, Massachusett,s 02116 Attention: Richard E. Frankel Attention: General Counsel * See additional sheets attached 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. LIMITED PARTNER CO-GENERAL PARTNER New England Mutual Life Insurance Co. Audubon Associates, Inc. do Copley Real Estate Advisors, Inc. 4490 Von Karman 399 Boylston Street Newport Beach, California 92660 Boston, Massachusetts 02116 Attention: Richard E. Frankel Attention: General Counsel * See additional sheets attached 3. if any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names Sr addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnersh interest in the partnership. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names ar addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiai of the trust. N/A (Over) F-A 0 1. Limited Partner New England Mutual Life Insureance Company do Copley Real Estate Advisors, Inc. 399 Boylston Street Boston, Massachusetts 02116 Attention: General Counsel Co-General Partner Audubon Associates, Inc. 4490 Von Karman Newport Beach, California 92660 Attention: Richard E. Frankel Manactinci General Partner Lyon Communities Inc. 4490 Von Karman Newport Beach, California 92660 Attention: Richard E. Frankel 2. Same as above 3. Lyon/Copley Carlsbad Associates, L.P. is the Applicant and Owner and is a Limited Partnership. The names listed above are those partners in the Limited Partnership. William Lyon owns more than 10% of the shares of Lyon Communities Inc. and Audubon Associates, Inc.. Both of these entities are California Corporations. General William Lyon do Lyon Communities Inc. 4490 Von Karman Newport Beach, California 92660 4. Does not apply. 5. No 0 S Disclosure Statement Page 2 5. Have you had more that $250 worth of any member of City staff, Commissions within the past twelve months: business transacted with Committees and Council No. Lyon/Copley Carlsbad Associates, L.P. (Owner and Applicant) By: Lyon Communities Inc., Managing General Partner By: Paul W. ieiffe±7J 1/ Vice President 0 Disclosure Staternerd Page 2 s. Have you had more than $250 worth of business transacted with any member of City staff, Bcar Commissions, Committees and Council within the past twelve months? Yes - No x if yes, please indicate person(s)_________________________________________________ Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as a unit.' (NOTE: Attach additional pages as necessary.) /t1 L )Lxw Signature Owner/date Signature of applicant/date - LYON COMMUNITIES, INC., GEORGE HAVIAR Print or type name of owner Print or type name of applicant . S 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 uncjersigned 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. I Signature 7//6 L20 Date OWN]R Relationship to Application (Property Owner-Agent) FORM: PLANNING 37. REVISED 3/80 • • APPLICATION REQUIREMENTS FOR r to TENTATIVE TRACT MAPS TENTATIVE PARCEL MAPS CONDOMINIUM PERMITS PLANNED DEVELOPMENT PERMITS The following materials shall be submitted for each application except as noted on #7 and #8. 1. Eight copies of the tentative map/condominium site plan prepared on a 24" x 36" sheet(s) and folded into 8'i x 11" size. Fifteen copies of the tentative tract map/condominium site plan shall be submitted by the applicant upon request of the project planner prior to project approval. Each tentative map shall contain the following information: I. GENERAL INFORMATION: El A. Name and address of owner whose property is proposed to be subdivided and the name and address of the subdivider; B. Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps; O C. North point; O D. Scale; vicinity map; O E. Date of preparation; [J F. Classification of lots as to intended residential, commercial, industrial or other uses; o G. Tentative Map number in upper right hand corner (City to provide number at time of application.) O H. Number of units to be constructed when a condominium or community apartment project is involved; El I. Name of sewer and water district providing service to the project. El J. Average Daily Traffic generated by the project broken down by separate uses. ARFRM003 4/90 I S S II. SITE INFORMATION: A. General El 1) Approximate location of existing and proposed building and permanent structures; El 2) Location of all major vegetation, showing size and type; O 3) Location of railroads; o 4) Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data); o 5) Lot lines and approximate dimensions and number of each lot; B. Streets and Utilities o 1) The location, width and proposed names of all streets within and adjacent to the proposed subdivision, show proposed street grades and centerline radii. Provide separate profile for all streets with grades in excess of 7%. Streets should be in conformance with City Standards and Engineering Department Policies. (Especially Policy Numbers 1 and 22) O 2) Name, location and width of existing adjacent streets and O 3) Typical street section for all adjacent streets and streets within the project. o 4) Width and location of all existing or proposed public or private O 5) Public and private streets and utilities clearly identified. 0 6) Show distance between all intersections and medium and high use driveways. 0 7) Clearly show parking stall and isle dimensions and truck turning radii for all parking areas. o 8) Show access points to adjacent undeveloped lands. o 9) Show all existing and proposed street lights and utilities (sewer, water, major gas and fuel lines, major electric and telephone facilities) within and adjacent to the project. O 10) Show all fire hydrants located within 300 feet of the site. ARFRM003 4/90 I . S C. Grading and Drainage 0 1) Approximate contours at 1' intervals for slopes less than 5%, 2' intervals for slopes between 5% and 10%, and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100 foot perimeter of the boundaries of the site. Existing onsite trees; those to be removed and those to be saved; O 2) Earthwork volumes: cut, fill, import and export. F-1 3) Spot elevations at the corners of each pad. O 4) Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. O 5) Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision; show location and approximate size of any proposed detention/retention basins. El 6) Clearly show and label the 100 year flood line for the before and after conditions for any project which is 2. One (1) copy of 8 1/2" x 11" site plan. 3. One (1) copy of 8 1/2" X 11" location map (suggested scale 200" - vicinity maps on the site plan are not acceptable). 4. Environmental Impact Assessment Form (separate fee required). Required for tentative parcel maps only where significant grading is proposed. Check with Planning staff to determine if required for your application. S. Public Facility Agreement: Two (2) copies: One (1) notarized original and one(1) reproduced copy. 1-1 6. Disclosure Statement. (Not required for tentative parcel maps.) ARFRM003 4/90 I S S 0 7. Property Owner's List and Addressed Labels NOTE: WHEN THE APPLICATION IS TENTATIVELY SCHEDULED TO BE HEARD BY THE DECISION MAKING BODY, THE PROJECT PLANNER WILL CONTACT THE APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP, TWO SETS OF THE PROPERTY OWNERS LIST, LABELS AND POSTAGE. THE APPLICANT SHALL BE REQUIRED TO SIGN A STATEMENT CERTIFYING THAT THE INFORMATION PROVIDED REPRESENTS THE LATEST EQUALIZED ASSESSMENT ROLLS FROM THE SAN DIEGO COUNTY ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD UNTIL THIS INFORMATION IS RECEIVED. - A typewritten list of the names and addresses of all property owners and occupants within a 600 foot radius of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. - Two (2) separate sets of mailing labels of the property owners and occupants within a 600 foot radius of subject property. For any address other than single family residence, apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. Applicant must submit separate check to cover cost of postage. O 8. 600 Foot Radius Map A map to scale not less than 1" = 200' showing each lot within 600 feet of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. pe Preliminary Hydrology map and calculations for lots exceeding one acre. Show before and after discharges to each included drainage basin. 10. Two (2) copies of the Preliminary Title Report (current within the last six (6) months). E3 11. Proof of availability of sewer if located in the Leucadia County Water District or the San Marcos Water District. 12. A letter from the appropriate water district indicating that compliance with the Growth Management Performance Standard will be maintained with the proposed development. ARFRM003 4/90 S 0 13. Colored Site Plan and Elevation Plan (Not required with first submittal and not required for tentative parcel maps). It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) copy of a colored elevation to the Planning Department by Noon eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. 14. Statement of agreement to waive tentative subdivision map time limits. Required for tentative parcel and tract maps only when project requires concurrent processing of planning applicaiton, or environmental review. 4f] ç1[5 Constraints Map (24" x 36") folded to 8 1/2" x 11" shall include the following information: (Note: this information is not required for previously graded sites and the conversion of existing structures.) 0 (1) Major ridge lines O (2) Distant views O (3) Internal views o (4) Riparian woodlands O (5) Intermittent drainage course O (6) 25 - 40% slopes 0 (7) Slopes 40% and above O (8) Major rock outcroppings El (9) Easements o (10) Floodplains 0 (11) Archaeological sites 0 (12) Special planning areas O (13) Biological Habitats ARFRM003 4/90 . S 16. For projects with an average daily traffic (ADT) generation rate greater than 500 vehicles per day: Two (2) copies of a Circulation Impact Analysis for the project. The analysis must be prepared by an appropriate registered Engineer. The analysis must show project impacts to all intersections and road segments identified as impacted within the included Local Facilities Management Plan. The following should be included with the study: a) 8 1/2" x 11" or 8 1/2" x 14" plats showing zone impacted roads, background and project AM and PM peak hour impacts and traffic distribution. b) Project traffic generation rates C) Necessary calculations and/or analysis to determine intersection and road segment levels of service. d) Any proposed mitigation requirements to maintain the public facility standards. 17. Two copies of preliminary soils/geologic report for all project with cut or fill depths exceeding 5 feet. 0 18. For all condominium conversions, a signed statement by the owner stating Section 66427.1 of the State Map Act will be complied with. 19. For all condominium conversions, a letter from San Diego Gas and Electric company stating that plans to convert the gas and electric system to separate systems have been submitted and are acceptable. 20. For all condominium conversions, one copy of a compliance inspection performed by the Building Department. (Separate fee required.) 0 21. For all condominium and planned development projects, eight (8) copies of preliminary landscape plan (four (4) copies for projects with four or fewer units) on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size. Fifteen (15) copies of the landscape plans shall be submitted by the applicant upon request of the project planner prior to approval of the project. ARFRM003 4/90 . S Each landscape plan shall include the following information: 0 a. Landscape zones per the City of Carlsbad Landscape Guidelines Manual. o b. Typical plant species and their size for each planting zone. o C. An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. o d. Landscape maintenance responsibility (private or common) for all areas. o e. Percent of site used for landscaping. El 22. a1Lcondominium and planned development projects, eight (8) copies of the building elevations and floor plans (four (4) copies for projects with 4 or fewer units) on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size. Fifteen (15) copies of the building elevations and floor plans shall be submitted by the applicant upon request of the project planner prior to project approval. Each building elevation and floor plan shall include the following information: 0 a. Floor plans with square footage included. 0 b. Location and size of storage areas. 0 C. All buildings, structures, walls and/or fences, signs and exterior lights. 0 23. SUBMIT ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY (SEE EXAMPLE ATTACHED TO ARCHITECTURAL GUIDELINES) ARFRM003 4/90 .. S INFORMATION SHEET GENERAL INFORMATION This sheet generally explains how your Hillside Development Permit (HDP) will be processed. If you have any questions after reading this, please call Development Processing counter at 438-1161 or review Chapter 21.95 of the Carlsbad's Municipal Code. When a Hillside Development Permit is needed: A Hillside Development Permit (HDP) is required when development is proposed on land with a slope gradient of 15% or greater and a slope height of greater than 15 feet. Development means building, grading, subdivision or other modification of a hillside area. It is highly recommended that you, as an applicant, 1) review Chapter 21.95 and Chapter 11.06 of the Carlsbad Municipal Code (The Hillside Ordinance, Excavation and Grading) and 2) discuss the Hillside Development with a City Planner before submitting an application for a Hillside Development Permit. The Hillside Development Permit should be submitted concurrently with any permit or application for development of a Hillside area. How your Hillside Development Permit will be Processed Generally the steps involved in reviewing your HDP application are as follows: A Hillside Development Permit application is submitted to the Development Processing counter at 2075 Las Palmas Drive. The application must be submitted with and reference any other permit application such as a building or grading permit, tentative map, etc. All maps submitted shall be folded to 8-1i2" x 11". Information items required: A completed Hillside Development Permit Application Form 1,,--(b) Four copies of the slope analysis - Include north arrow and scale (see Section 21.95.020 of Carlsbad's Municipal Code) Acres % Identify slopes 1. 0 to less than 15% slope o 0 2. 15% to less than 25% slope o o 3. 25% to less than 40% slope o 4. 40% or greater slopes o 0 TOTAL 100% 10/89 % Slope = Vertical Distance x Countour Interval x 100 Horizontal Distance (Distance between contour intervals) 'Z (c) Four copies of the slope profile(s) - Include vertical and horizontal scale. Assurance of slope analysis and slope profile accuracy. Both the slope analysis and slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer or land surveyor indicating the datum, source and scale of topographic data used in the slope analysis and slope profiles, and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified. f ' 24(e) Show with a site plan, grading plan and building plans 1ff ,, and elevations how development fulfills the following /( I Hillside Development and Design Standards C.- I (21.95.060) Submit four (4) sets of each plan. 1. Coastal Zone Requirements (if applicable) 2. Contour grading 3. Area or extent of grading 4. Screening graded slopes 5. View preservation and enhancement 6. Roadway design 7. Hillside architecture 8. Hilltop architecture 9. Hillside drainage 10. Man-made slope height and volume of grading cut or fill. Volume of earth moved for cuts and fills shall be minimized. The larger volume of the total cut or total fill volumes divided by the total area in acres that is cut and tilled (that is graded) shall equal the volume of hillside grading for this chapter. The relative acceptability of hillside grading volume shall be determined by the following: Cubic Yards of Cut or Fill Grading per Acre of Cut and Fill Area (in Acres) 0 - 7,999 Cubic yds./acre 8,000 - 10,000 Cubic yds./acre > 10,000 cubic yds./acre Relative Sensitivity of Hillside Grading Volume Acceptable Potentially acceptable Unacceptable -2- . S 11. Potential development and design standard modification A completed "disclosure statement" Two copies of a preliminary title report. (h) If Hillside Development Permit is not accompanied by any other permit, also include the following information on slope analysis: location, slope and width of driveway, building setbacks, location of any retaining walls and drainage systems. 2. A Development Services counter person generally checks your application for completeness. if your application is incomplete, it cannot be accepted. If your application appears complete, it is accepted. 3. The Hillside Development Permit application is typically reviewed, processed, and approved concurrent with the first permit or application you may have with the City for that hillside area. 4. For approval of a Hillside Development Permit the following findings must be made: (a) That hillside conditions and undevelopable areas of the project have been properly identified. (b) That the development is consistent with the purpose, intent and requirements of the Hillside Ordinance to: (1) Assure hillside alteration will not result in substantial damage or alteration of significant natural resource areas, wildlife habitats or native vegetation areas; (2) Preserve the natural appearance of hillsides by assuring that development density and intensity relates to the slope of the land, and is compatible with hillside preservation. (3) Assure proper design is utilized in grading, landscaping, and in the development of structures and roadways to preserve the natural appearance of hillsides. (4) Preserve and enhance a healthful and aesthetically pleasing environment by assuring that hillside development is pleasing to the eye, rich in variety, highly identifiable, and reflects the City's cultural and environmental values. (5) Assure hillside conditions are properly identified and incorporated into the planning process. -3- . S (6) Implement the intent of the land use and open space/conservation elements of the Carlsbad General Plan. (7) Prevent erosion and protect the lagoons from excessive siltation. (8) Encourage creatively designed hillside development requiring a minimal amount of grading. (9) Reduce the intensity of development on hillside areas to ensure all development that does occur is compatible with the existing topography. (c) That hillside development is consistent with the Hillside Development and Design Standards (21.95.60) and substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual. (d) That development is consistent with the provisions of Section 21.53.230 and 240 of the Carlsbad Municipal Code. Appeal If your Hillside Development Permit is denied, you may appeal the decision of: 1. The Planning Director to the Planning Commission 2. The Planning Commission to the City Council af Hillside.inf Forms-Disk -4- APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all applicants are required to complete this disclosure form at the time of submitting their application. When this form has been completed and signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either general or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 shareholders or less) or a real estate syndication, then please indicate the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syndicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corporation be a publicly held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. . S DISCLOSURE FORM APPLICANT: Name (individual, partnership, joint venture, corporation, syndication Business Address Telephone Number AGENT: Name Business Address Telephone Number MEMBERS: Name (individual, partner, joint Home Address venture, corporation, syndication) Business Address 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. [/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. APPLICANT BY Agent, Owner, Partner 9 0 HILLSIDE DEVELOPMENT PERMIT CHECK LIST COMMENTS PROJECT NUMBER 1. Slope Analysis (4) 2. Slope Profile (1) 3. Site Plan, Grading Plans, Building Plans, Elevations (4 each) 4. Disclosure Statement 5. Title Report (2) DATE ____________ SIGNATURE . 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. AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 11TH day of .irnx , I2.0.. by and betweenLYON/COPLEY CARLSBAD ASSOCIATES, L.P. - (Name of Developer-Owner) a_CALFORNIA LIMITED PARTNERSHIP , hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address IS 4 490 VON KAR1EN, NEWPORT BEACH, CA 9220 (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. WIlNESSETH: 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 . ,, S A 6 UNIT SINGLE FAMILY RESIDENTIAL SUBDIVISION on said Property, which development carries the proposed name of_______________ CALAVERA HEIGHTS - VILLAGE "R" and Is hereinafter referred as "Development"; and WHEREAS, Developer filed on the 13TH day of JULY , 19 90 with the City a request for TENTATIVE TRACT MAP, A PLANNED DEVELOPMENT PERMIT AND A HILLSIDE DEVELOPMENT PERMIT hereinafter referred to as "Request"; and WHEREAS, the Public facilities Element or 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 Ho. 11, 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, p1 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'Imp1ementedby Council Policy Ho. 17 by payment of a public Facilities fee. REV 3-1-88 2 . S NOW THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee In an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or Improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing 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. Developershall 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 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 determ1ned 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' fcil1ties 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 .. 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 psonal 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 I to "I S IN WITNESS WHEREOF, this agreement Is executed In San Diego County, CallfornI* as of the date ,first written above. DEVELOPER -OWNER: L7 (OallnoJ-A (name) CITY OF CARLSBAD, a municipal corporation of the State of California By:, MARTIN ORENYAK For City Manager STATE OFCALIFORNIA..-, . \ _-, j—, )SS. COUNTY OF ____ I 0 LA 1 D before me, the undersigned, a Notary Public in and for r- said said State, personally appeared _(j}_tT_&.N_L\tZ. _1T_U&_\J_I_LL* QC . a _____________________________________ ,personally known tome (or proved to me on the basis I satisfactory evidence) to be the persons who executed the within instrument as_ cf_T\oJe1 Co w JDf_ et-ed Seecetei on behalf of_________________________________ L-UDV- ü4- t Tr.Q cu C the corporation therein named, and acknowledged to me that said corporation executed the within Instrument pursuant to its by- OFFICIAL SEAL laws or a resolution of its board of directors, said corporation being LISA ANN FAR WELL known to me to be ongof the partners of__________________ NOTARY PUBliC CALIFORFM Lyoq t(pleuj ____________________________ SN DIEGO COUNIY the partnership that executed the_within Instrument, and ack: My Comm. Expkis Jan. 26,1993 nowledged to me that such corporation executed the same as 2. such partner and that such partnership executed the same. to 5 WITNESS mYjnd and offjpaI seal. co Signature. _k,J'.-A1..L-( _''VYiY\ _ItJ..J_L&.J _)Lk (This area for official notarial seal) viru..trii t. tSIUNUU, JR. City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) REV 3-1-88 6 . ... S EX1111311 'Am LEGAL DESCRIPTION VILLAGE "R" BEING A SUBDIVISION OF THAT PORTION OF LOT "D" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896. REV 3-1-88 7 . S 4, S-- _rW_0 '_7 SOUTHERN CALIFORNIA SOIL AND TESTING, INC. 6280 RIVERDALE ST. SAN DIEGO, CALIF. 92120 • TELE 280-421 • P.O. BOX 20627 SAN DIEGO, CALIF. 92120 678 ENTERPRISE ST. ESCONDIOC, CALIF. 92025 • T E L E 746-4544 April 9, 1990 Lyon Corrrnun±ties, Incorporated 4330 La Jolla Village Drive Suite 130 San Diego, California 92122 SUBJECT: Building Setback, California. SCS&T 9021023 Report No. 2 Calavera Heights Village R, Carlsbad, Gentlemen: In accordance with a request from Hunsaker and Associates San Diego, Incorporated, we have prepared this letter to present our opinion regarding the proposed sideyard structural setbacks at the subject project. It is our understanding that the structures will be located five feet from the property line and the distance b--ten the drainage swales and the buildings will be three feet. In our opinion the proposed three foot distance between the swales and the buildings is adequate from a geotechnical standpoint, provided proper drainage away from the structures and the top of slopes is achieved. Such determination is beyond the scope of our services. If you have any questions regarding this report, please do not hesitate to contact our office. Respec ily submitted, SO N CALl /OILNG INC. Danie B. Adler, •CE. #36037 DBZ: mw cc: (3) Submitted (3) Hunsaker and Associates (1) SCS&T, Escondido B. NO. 36037 \ EXP. 6-30-92 )*~ SOUTHERN CALIFORNIA SOIL AND TESTINB, INC. . S S170 San Diego Gas & Electric P0. BOX 1831 • SAN DSEOQ CA 92112 • 8191696-2000 March 23, 1990 FILENcC 520 Lyon/Copley Carlsbad Associates L.P. 4490 Von Karmen Newport Beach, CA 92660 LETTER OF PERMISSION FOR GRADING AND CONSTRUCTION OF IMPROVEMENTS Dear Sirs: San Diego Gas & Electric Company (SDG&E) is the owner of an easement located within the boundaries of the tentative map "Calavera Heights village R" as prepared by Hunsaker and Associates. We have reviewed the Tentative Map for Carlsbad Tract Number CT 89-40 dated March 5, 1990 which shows the proposed grading and improvements on the property including in our easement. Permission is hereby granted to Lyon/Copley Carlsbad Associates to grade and construct improvements as shown on said plan, subject to the following conditions: 1. This permit to grade shall be effective for six (6) months from the date of this letter. 2. Final signed, approved plans must be submitted to SDG&E a minimum of 30 working days before commencement of grading and construction of improvements within the easement area. 3. At least twenty-four (24) hours notice must be given to SDG&E before start of work or making field changes to plans within said easement. Notice to be given to John B. Burton at 696-2485. 4. Lyon/Copley Carlsbad Associates shall indemnify and hold SDG&E harmless from any and all injuries or damage to persons or property in any way arising from the proposed grading or construction of improvements. . S -- -2- 5. SDG&E shall not be responsible in any manner for any maintenance or repair of the proposed grading or improvements. 6. This permission letter shall be posted on the job site at all times. 7. This letter shall not be construed as approval of any field changes. Specific approval of any changes within SDG&E easements must be obtained. Should you have any questions or require additional assistance, please call John B. Burton. Sincerely, SAN DIEGO GAS & ELECTRIC COMPANY J. W. Shepard, Supervisor Land Management Section I ACCEPT THE AFOREMENTIONED CONDITIONS: By: S Carlsbad CLA3 Municipal Water District w 5950 El Camino Peal, Carlsbad, CA 92008 £ WAVES Engineering: (619) 438-3367 Administration: (619) 438-2722 Fax: (619) 431-1601 December 15, 1989 Marybeth Murray Hunsaker & Associates San Diego, Inc. 10179 Huennekens Street, Suite 200 San Diego, California 92121 Subj: Water Availability for Calavera Heights Villages R, H, L-2, K, U, W, X and Y Dear Marybeth: Responding to your request on December 4, 1989 for a water availability letter, the subject projects have been reviewed by the District Engineering Department, and we have the following comments: 1. The entire potable and non-potable water systems for subject project be evaluated in detail to insure that adequate capacity and pressure for domestic, landscaping and fire flow demands are met. A com- plete water analysis shall be required for both systems. 2. The developer's engineer shall schedule a meeting with the District Engineer and the City Fire Marshal and review the preliminary water system layout prior to preparation of the water system improvement plans. 3. The developer will be responsible for all fees and deposits plus the major facility charge which will be collected at time of issuance of building permit. 4. The developer shall adhere to all the conditions of the Local Facilities Management Plan Zone 7 and and in particular to the phasing, whereas Service Area A water system must be completed and opera- tional. "Serving Carlsbad for over 35 years" qW . S Page two Marybeth Murray 1-lunsaker & Associates December 15, 1989 5. The developer must address, resolve and/or construct the reclaimed water system. We ask that the above stated conditions be included as a condition of approval. If you have any questions, please do not hesitate in contacting the undersigned. Very truly yours, RW F. ~rrEnginee ng Manag r FJW: SjS UALAC • VICINITY MAP ISO SCALE • + ISO 0 too 200 $CAS.S IN FOOT f-. 0 - o 0IMOT '. / SETBACK CRITERIA FRONT SETBACK *0' MON. 00044 R.O.W. 8100 SETBACK S 441$. 00*0 SETBACK IS' 4481, CORNER LOT 510€ SETBACK 10' 441$. TYPICAL LOT DETAIL NO SCALE - (=I 00*OOR020 OA5 .SS7S1 DATE ISV TTESISTSATIOM EXPIRES ON 1130..90 PREPARED 0051 LYON COMMUNITIES, INC. P0(040(0 501 . SITE PLAN 4220 LA JOLLA 541.1,500 CALAVERA HEIGHTS SUITE ISO X..k. VILLAGE SAN FOCUS. CA. $2122 (SIN) 545-4200 ,...._......_.,. ocLEArl SH5O DATE: 1 W.o.# 345-517 .041.51 1 500' 91.431 NO OF UNITS 000wosoj SO IT.' BUILDING COVERAGE 94.440* I 1,101 11 0,001 24 P1.0112 I 1.710 .0 4,740 .4 *4.1113 4 5,075 24 1.800 SE TOTAL 0 N/A 45,105 44 CT 90-24/PUD 90-24/HDP 90-31 R. STREET SECTION __________ 0000€ PlACE NO 00015100 OCSCAIPTSOTI DATE 40' 50803.0.1 RECEIVED SITE PLAN CALAVERA HEIGHTS VILLAGE R CITY OF CARLSBAD, CA. TRACT a3H9 MAP J295 I p I Lo-r MAP/823 /:' / • EASEMENT LEGEND A 41010 9001 WIDE SCOlD E.E.I.CAS A TREE 1flOSU!OG EAS0000T EXT000IIE3100IFEE100JTSI000ESMD IT000TROT EASEMENT OSMOTII 0003. AS MALES Aft ACCESS EASEMENT PER DOCUMENT SO 14S11 IS SOON 3014, PAGE 443 OP 090044. AEC000S OUTED 6/1/43 TAM 00 S (1) * FOES E0500AJO TO MOOSE POET 0004(1ST S1.I4€347 DATER 4/S/87 IAEIITO IT OWNER LYOII/CMPSEY 0004.5030 ASSOCIATES. LP *C#JS00A0 LOOTED PMTT500SOOP 440)5000044(14 I*WPOTTT 80004, CA (TTlFO0. SUBDIVIDER LSaACo,OLA4TIES, SIC 430.1* *01* 101*00 ClOVE TRITE 433 SIJTMIEOO.CA 02430 0*0)140-100 LEGEND LOT 134€ 10145*0(0 5 PAD EIEVAT4OII fliT I.050IVPE 11010030€ 004010 60000 *04*0 0 0 0 0003*0040k MAAIOOI1000EIEO4IT GENERAL NOTES TOTALSITEMAW SI ACRES A TERM. TRIMMER COTS 0(5 MESODTIOAL, 409044 SPACE) 4 004*031.95.2114.4440 ONE 005IOAATOER 0404100 1*2244_ADO/AC) 90€OSOO 043.444-AMA/AC) 040100 It (PD 0151*0920301 ?FOCE3S. 0-4 DOUGH 010033014 *1090500. PM (50 0151*0110301 POOCCSS 0-40150411 • AD 0 54003700) 15 0/30(0 MOA4A0000T1S 001000.106*) PROPOSED. 21 W/AC 1001211/3M NET MEOROPA4(E AGES) & ASSESSORS PAOCALTRO.IOMAI. 41*3020 * MOOTED PLAtO 40031 CAA.ASERAI*1.1 I 10031 100*1405 M3A100EIIETIT 91,410 20DM? 2 *4.000*0 DUtY 104314000 IA OVEOOAA. .-G-RAGE R 0* 0 O R AGE Z AAD II 3 ED00MWEO 1 004*1011* CI OP CAAASO4O 000004 STA1030€SACAS 0004000 BY IRE OTT EACAIEEO. 40 900 T*TOR4IAT103 T4€OI001IT0.CATTEIG00000300FWEMA3004011. II STREET COS4O.OP.WAY AlOud 03 44400001 015 513? II 0004110004. EA3EMSIATS MAY DO Cl 11* 000 (TOLD?. 9004.10 MTSJSES. Ate OTTER 0031011. *5 --l-NOT-1 0. MLPOOP05000I0AT*5 TO SEI3IOJ0 Ii 9000010000DM3 074€ WIP000CIATE 01ST 310 UJS.*CTTO 044300 II FWOCDESIHSIC0100TMHTWIIHWEOWDTRSSTMOTAL000055441LD P01*0 TO 1.4500004*03 HOWE *1,4004040 01 DOOT. 01 06343530 P0200 *0 00100 0*1133 01*0401 1000 0010*0 440 000044100 31 *004*00. MA TOP000A150Y01 12530$ 3*16461.040 0000*00011 54400800. CA OTTO (ITIIASI.W01 DATED 00*0 Dl TT000ILOUDRO8ST0€P000TVOPCAl*.SS.IAsm NO. 00-TI 40 LOASTOGOMUOOCOIITOIIMIITTRIIISA2PT/T*T 00 OON*OLO005*lTOI403.53O03 45OE3 REPO" 01$CEOTDE04I 00 01050S.0ASCTESI640 PEI D43003?9&52.l,00 05 0?3411004440554040N41T5N OAT. 3000 ELI. CO00 08001/ 40.40109 11040 0000*001311110*2900101.4000 SWF&3OIT OILY * 9010400509040.00400130140301*0900040.044400 CACASSIA 4*204059100.01.1400*0314.44010009031 E*IXT*M0451 8 4440004 045 A 20100*10 0344400. LEGAL DESCRIPTION 80040050009100009311. STOAT 90510050€ LOT! 0',t' nOV01 TI*04304000UOI*OCIO&011100IYOPC3*SS.00O(OOTTDPSMI DIEGO. STATE OF CAI*OF010. A0 TO 0* 900111001 MA? 10(040110 023 PlOD 04 ThE 099110 Dl 14* COAORTY Pt0 01 SAC II0001TY ON 1401040MB II, 400 PUBLIC UTILITIES AND DISTRICTS WATER ..........CITY OP CAtSSAD/OA00 SOWER ..........011 OPCAF&S230/0#*0 0.055(4.00100 ......0000€ PAC4€02 0011 01* ..........040010040.5800CAFAsw HOER 51001101334 ........EAUO4€TAR(2*153553001009E015000T 046009 CA40S000 0104* ............00*0304005000 040*0 ... CITY DFCI*ORAO BUILDING MIX/COVERAGE DEC 2 11993 C:TY 5i-c N / - .. 'I- - .',.. cm --1 MOUE in M 10 PLAN _ .2SQi4 .: 2O • : _____ DEC 2 1 1c93 - -- . .- . 4.• .' t•J" •' 0 .0'.. ;. Jj .1 I mini , A w- DEC 2 1 1q93 7.. 1ffl1m/ -T i . - I-' i MINI ------ '- -- -4- I U w7' PLAN. . ELEVATIONS p 1i : U11 I La tk list FJM b' LEFT 2U)° 0 0Ww ggzz PLANI RIGHT ELEVATION y-. .? DEC 2 1 1S93 PLA1 I C3 i ' ELEVATIONS - -. - '--j - hie if LJ CEflfD /___\ - - - -. - . - 4-O" ussr.11 DEC 2 1 193• - 6t V4 • DEC 1T ç -I ___ - -. 0 • solarium window (e) . _I 1-•• C, •; IpJ itJ S Cl q it: Ulf •.1 PLAM j-. t -2199SQ Fir. - _•i ;;t; 4 soq •'sl. • - . i 4r,~;r : rn ; • - 1t> n ____ I_ r - -( MR. H EIGHTS I- I1 —I ' rn C : • '• AJ x r11 . rr -4p 0 z C,) LYON CuMMUNTES HALES-LANGSTON CALAVERA i r. At DEC 2 1 13 PLM 2 ELt.TO$ 0 . Zcc I I • I r. rji III! tIunhlsif 331 I rr3IcIcu lit, 1 :.•. ':' 313 ,•r; Jp.••t •t S I3 nra- I, S IQ .—-- (• 0 LZ pa tr 16 MAL hi cc Ld S k ? !I j: J 1 0 :91 G : lIkIliuhlU 022u ICiED DEC2 1 1093 0'-0" —9-11 - PLAN u238OS.SFT IU Bfl/DEJI Lfl 5 ) S •' .*0 S0,ui. •0. S -• S - l0,0L, 1ala. fl ., • S _________ :v''. ... •___J'.____•- ' - Jat 1i - t4V 1z S. Aa I - C. 5- Cn - C%i :.. C) e-' . •- :.: -5-. - - .4: 5•• •-- 5..-. -4J - I - - • I - II! - I 4 - - •-- r - -.- -.-.. 12.&I- 2t "•F'j E3 _ I Fry IiI 1 I_ _ I IL_J 10 i';! _ Ii It LYON III :4 11;- 1 DEC 2 1 13 PLAN 3 iT ELEVATIONS +70 4 I 'S VICINITY AP W_ _ 0 SCALE SITE PLAN CALAVERA HEIGHTS VILLAGE 'R' CARLSBAD, CALIFORNIA A DEVELOPMENT BY LYON COMMUNITIES, INC. CALAVERA HILLS VILLAGE 'T Tj T • 4.1 4e" 11 fi \ \' Or I PRODUCT TYPICAL UNIT DIMENSIONS CT 89-40 PUD 89-20 HDP 89-54 GENERAL NOTES: 01051750; P841 (SCSI Seals Dso.Oty Rern.) 70150500: 0019 (101 115410$ D.0407 IS..) S. 011(5517 0111000; 0-4 dAlso 1701501141; 2 do/ac 4. 41511010 1410; 50 P5050501; 50 00557 7. TOTAl. 050(587500101; I. TOTAL 0 SlITS; S S. TOTAL P LOTS; 10. TOTAL P *0110131.0 LOTS; 11. TOTAL P 050! 517800 LOTS, 3 12. TOTAL 18811; 10.tOTAL 50110030 LI,w85; 0.15 SO. IS. TOTAL 015501 0001440; 0704 SO. IIDAUPATTVDW 05115 $7000 - 1.47 50. 058141 5035000 11. PAlE 50500.00 OS (2 00757.4/0801) -IFF Flail" 17. TO74l.7SOl5t5AVflJC5DflI.T'; •o_ 00104000: I flaaI GENERAL DESIGN: 1. ALL 57150? 0,s050s, anon 111005, ADD 714100010010510007007 TO OITT OF 0*013010 071510 £14350305 000 OS 53505101 SD COO 2. 005010ITS Al 5010111050000 OtTO 0105050! 41905000100000.05550 S. 00.2. 55050550 OTOLOT000 TO IS 000EI70000. 4. 04105550 450000 005 005000511100 OSLO 0210 5051577 TO 040000 (5 00001. 055509 00 501010 SIX( S) 550105. 0. 0005 PL250000 AS 13001110 50 TIll 70105 50000119010. 0. SAILS X000011T000 1155 OITASOID 7009 SOILS 5010005 57 50055W CAL57001IIA SAILS AND 0001005, 550. DITTO SPOOL 10; 1550. 3. StOPS 001705 ADD onTANInIr 000 507000 SlOPS AAALOIIS PT LEGEND S. O00T IOITDOVAL: SIT/Son SA_ISI 1.115 SO. 00501150001 4300051 0002ITXTISS; 0930; A 00 LAP AOOWO Of- 51050 -'-o-- LEGAL DESCRIPTION: or or. 00050 OP 100 05500. STATO OP 041.1705550,no. En OWNER 17S000 1.5415 LYON/COPLEY CARLSBAD ASSOCIATES, L.P. • California LiSSlt.d P.rt,,or, hi, 7000 4400 VON KARNEN 005€ SPACE ISEWSOPT SEACN. CA So_ISO (754)333-3500 EASEMENT LEGEND SUBDIVIDER 00'.:0'o oo LYON COMMUNITIES, INC. 75511 50 000D4130. 0045 143 0507T00101. 0101505 01150 4330 LA JOLLA VILLAGE DRIVE 5-1.700. 0170550. 5. SUITE 530 SAN DIEGO, CA 53122 *5000 5*509070 TO 50015701 EnIISIT 57.150047 DITtO 4-0- (6105 PUBLIC UTILITIES & DISTRICTS: PROJECT INFORMATION SITU ....................... TXSOflI....................01010 Nell 101119110. 0300017 0100100 550(010 0050flUO AVETACO OSPOSAIA 5001015515.04014.00180 AIlS0341 TAT 0027 183 01?? 'AT 0011 NO SCALE , SOW 10000.................cloy oo c.p1.D.l 5.1500 1 0.000 I'. I 7.510 50. ) 01,100 •&.OF I •PT5510 0*5155. ID' 015.0(9001*0007 SW TYPICAL LOT SECTION , = $00000 0)00000 0.111850 ..........................15040154 7701)154 CV xw Oil) . I(4 : 003 AA7'ICAOTO ( l..0lS 0100000010101 000 110005051 40 NEVIIII-11 DESCRIPTION lu TIN" IL j & PREPARE . PREPARED (fATD43 WITHOUT WITH SLOPE A050D•lS05 0000 t1LS..... 005' CtJ . - I e-ai AS0 L5T0L 55OT ewmV TYPICAL LOCAL STREET KNOLLW000 DRIVE NO SCALE TAMARACK AVENUE PUBLIC STREET SCALE IN FEET TYPICAL CUL DE SAC TYPICAL LOT DRAINAGE GORGE PI.ACE NO SCALE SOD TA SCALE PUBLIC STREET [] — — — — — -î op i—tc' I / -' / I ------ I / \/ \ '\\LTJ\0000 L2J / / ..s -- -- S. •s— S. -I - S. 9-00 ol S. S. 5% 5% S.S. S.doo S.400 .00. I S. II 15% I IS. I \ 41 S./ / 5% 5% 5% 'çEfi 5%/ SITE VICINITY MAP City of Carisbid CALJMERA HEIGHTS VILLAGE: CT 90-24i HOP / 70-1 %SITE I \ t__1I LKJ • c. / I I - / I. .% - --I .%- •1%.-- - -- - I 'I a" I PP \ \\ • I . • a' a' 0,0 00 r -1 —' . L_J I / t I . / / 4' '•4% / a' t a' S -- 5% 5% 5_• _/ VICINITY MAP NORTH GALAVERA HEIGHTS VILLAGE "R" CT 9O-24x1 ff ssociatc LOCATION MAP PL4F47MG • •zvavm CALAVERA HEIGHTS VILLAGE R