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Home My WebLink AboutCT 90-25; CALAVERA HEIGHTS VILLAGE U; Tentative Map (CT)CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For Dept. Use Only) PAGE 1 OF 2 (For Dept. Use Only) 0 Master Plan ................________ 0 Specific Plan ............._ O Precise Development Plan... O General Plan Amendment...... Site Development Plan....... O Zone Change................. 111 Tentative Tract Map........ a$J I—I Conditional Use Permit...... Planned Development Permit; Hillside Development Permit. O Non-Residential Planned Environmental Impact Development Permit ........ Assessment................. °Condominium Permit ......... °Variance .................... D Special Use Permit . ....... ________ El 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 EAST ]SIDE OFt PROPOSED COLLEGE BLVD. (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN I ELM AVENUE 1 AND ICANNON ROAD 1 (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: (VILLAGE "U" BEING A SUBDIVISION OF A PORTION OF LOT D OF THE RANCHO AGUA HEDIONDA, ACCORDING TO MAP NO. 823. 4) ASSESSOR PARCEL NO(S). 1168-040- 18(POR) AND 168-040-25(POR) 5) LOCAL FACILITIES' 6) EXISTING GENERAL[RLM AND 05 7 PROPOSED GENERALkL?i& OS MANAGEMENT ZONE PLAN DESIGNATION I'LAN DESIGNATION ' 8) EXISTING ZONING I. I) PROPOSED ZONING PC 110) GROSS SITE °AC 1 ACREAGE 11) PROPOSED NUMBER OF 133 t12) PROPOSED NUMBER(27 113) TYPE OF I RESIDENTI4 RESIDENTIAL UNITS ' OF LOTS -' SUBDIVISION (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITSJ o COMMERCIAL-J INDUSTIRAL) 15) PROPOSED INDUSTRIAL N/A 16) PROPOSED COMMERCIAL N/A OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE ARFM0008.DH 4/89 JUL25 99@ CITY OF CARLSBAD PROC. SERV. DIV. DATE P APPLICATION RECEIVED CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM 1.PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 180.2%APPROXIMATELY) 19) PROPOSED INCREASE IN AVERAGE DAILY 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS [ TRAFFIC 133 1,064 1 20) PROJECT NAME:. CALAVERA HEIGHTS - VILLAGE "U" 21)BRIEF DESCRIPTION OF PROJECT: I THE PROJECT PROPOSES A 133 UNIT MULTIFAMILY ATTACHED RESIDENTIAL SUBDIVISION ON APPROXIMATELY 61.5 ACRES WITHIN THE CALAVERA I HILLS MASTER PLANNED CON NUNITY. 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE' LYON/COPLEY CARLSBAD NAME (PRINT OR TYPE)HUNSARER AND ASS ASSOCIATES, L.P. SAN DIEGO, INC. 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 SIGNAT , DATE THE BEST OF MY KNOWLEDGE. SIGNATURE DATE LU IL 7/1 b 6 •1 C. FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED Pui 99 -S /O, O. O C 07- Q5 /2 006.60 RECEIVED BY: TOTAL FEE REQUIREDI 1L54,DQ I DATE FEE PAIDJ7__-q RECEIPT NO.1 1 "I. it fmol I . S --' pu2 9ô- \(S APPLICATION REQUIREMENTS FOR /i'1 p ô- 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'h 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; 0 F. Classification of lots as to intended residential, commercial, industrial or other uses; G. Tentative Map number in upper right hand corner (City to provide number at time of application.) 0 H. Number of units to be constructed when a condominium or community apartment project is involved; o I. Name of sewer and water district providing service to the project. o J. Average Daily Traffic generated by the project broken down by separate uses. ARFRM003 4/90 . S II. SITE INFORMATION: A. G El 1) o 2) o 3) o 4) o 5) neral Approximate location of existing and proposed building and permanent structures; Location of all major vegetation, showing size and type; Location of railroads; Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data); Lot lines and approximate dimensions and number of each lot; B. Streets and Utilities [J 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) 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. O 6) Show distance between all intersections and medium and high use driveways. O 7) Clearly show parking stall and isle dimensions and truck turning radii for all parking areas. 8) Show access points to adjacent undeveloped lands. 0 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 . 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. 0 3) Spot elevations at the corners of each pad. El 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. 0 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). L'fj 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. 5. Public Facility Agreement: Two (2) copies: One (1) notarized original and one(1) reproduced copy. 6. Disclosure Statement. (Not required for tentative parcel maps.) ARFRM003 4/90 . S 0 1 Nil ZVI 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. iWO 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. 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. 9. 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). 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 4 . 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. 15. 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.) O (1) Major ridge lines O (2) Distant views 0 (3) Internal views O (4) Riparian woodlands O (5) Intermittent drainage course (6) 25 - 40% slopes F1 (7) Slopes 40% and above 0 (8) Major rock outcroppings 0 (9) Easements 0 (10) Floodplains (11) Archaeological sites 0 (12) Special planning areas 0 (13) Biological Habitats ARFRM003 4/90 . S 13'A ,11"16. For projects with an average daily traffic (ADT) generation rate greater than JV 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 I - analysis must show project impacts to all intersections and road segments g2 - identified as impacted within the included Local Facilities Management Plan. The following should be included with the study: a) 8 1/2" x 1111 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. 0 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. 0 20. For all condominium conversions, one copy of a compliance inspection performed by the Building Department. (Separate fee required.) 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 4 . S Each landscape plan shall include the following information: I 1701 a. Landscape zones per the City of Carlsbad Landscape Guidelines Manual. b. Typical plant species and their size for each planting zone. C. An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. d. Landscape maintenance responsibility (private or common) for all areas. e. Percent of site used for landscaping. IN 22. For all condominium 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: a. Floor plans with square footage included. b. Location and size of storage areas. C. All buildings, structures, walls and/or fences, signs and exterior lights. 23. SUBMIT ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY (SEE EXAMPLE ATTACHED TO ARCHITECTURAL GUIDELINES) ARFRM003 4/90 ORDER NO. 1061954-22 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 FEBRUARY 16, 1993 THE WILLIAM LYON COMPANY 4490 VON KARMAN AVENUE NEWPORT BEACH, CALIFORNIA ATTN: SHIRLEY Of CONNOR YOUR REF: CALAVERA HILLS-U OUR ORDER NO. 1061954-22 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN IJEREINAYER 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 HERO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF FEBRUARY 1, 1993 AT 7:3 7 A. 1' LEE STEGA /CM - TITLE OFFICER DIRECT DIAL PHONE 231-4664 PAGE 1 ORDER NO. 1061954-22 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 TAXATIO14 CODE. C- 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. AN EASEMENT FOR PIPE LINE AND INCIDENTAL PURPOSES IN FAVOR OF OCEANSIDE MUTUAL WATER COMPANY, A CORPORATION, RECORDED JULY 11, 1930 IN BOOK 1796, PAGE 142 OF DEEDS, DESCRIBED AS FOLLOWS: A STRIP OF LAND OF THE UNIFORM WIDTH OF 20 FEET; THE SIDES BEING 10 FEET FROM AND PARALLEL TO THE CENTER LINE DESCRIBED AS FOLLOWS: PAGE 2 ORDER NO. 1061954-22 BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOT "L"; WHENCE THE NORTHEAST CORNER OF SAID LOT "L" BEARS SOUTH 89 0 44' EAST 1323.42 FEET; THENCE NORTH 0 0 10 1 20" EAST 350.00 FEET, SAID POINT BEING THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN THE LEASE FROM W. S. KELLY AND LAVINIA J. KELLY TO THOMAS F. COLLINS AND J. LEE WALKER, RECORDED IN BOOK 28, PAGE 238 OF LEASES; THENCE FOLLOWING THE LINE OF SAID LEASE SOUTH 57 0 50 1 22" WEST 406.35 FEET; THENCE SOUTH 48 0 25 1 39" WEST 400 FEET; THENCE SOUTH 46 0 22' WEST 372.08 FEET TO THE INTERSECTION OF THE NORTHWESTERLY LINE OF THE PROPERTY DESCRIBED IN SAID LEASE WITH THE SOUTHWESTERLY LINE OF PARCEL 1 ABOVE DESCRIBED-; THENCE- ALONG SAID SOUTHWESTERLY LINE- NORTH 58 0 19 1 20" WEST 119.89 FE TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 35 0 45 1 40" WEST 576.72 FEET; THENCE SOUTH 48 0 30'40" WEST 209.58 FEET; THENCE SOUTH 65 0 21'lO" WEST 142.42 FEET; THENCE SOUTH 42 0 51' WEST 83.11 FEET; THENCE SOUTH 20 0 21' WEST 20 FEET; THENCE SOUTH 10 0 21' WEST 67.68 FEET; THENCE SOUTH 24 0 21' WEST 91.05 FEET; THENCE SOUTH 8°36' WEST, 222.14 FEET; THENCE SOUTH 11 0 04' EAST 662.97 FEET; THENCE SOUTH 19 0 50' EAST 163.57 FEET TO A POINT WHICH IS THE END OF THE AFORESAID 20.00 FOOT STRIP OF LAND AND THE POINT OF BEGINNING OF A STRIP OF LAND OF THE UNIFORM WIDTH OF 50 FEET WHOSE SIDES ARE 25 FEET FROM AND PARALLEL TO THE CENTER LINE DESCRIBED AS FOLLOWS: THENCE ALONG A CURVE CONCAVE WESTERLY AND TANGENT TO THE LAST MENTIONED LINE CENTRAL ANGLE 24 0 40' RADIUS 375.45 FEET, A DISTANCE OF 161.64 FEET; THENCE SOUTH 3 0 50' WEST, 80.05 FEET; THENCE ALONG A CURVE CONCAVE WESTERLY CENTRAL ANGLE 19 0 56 1 30" RADIUS 500 FEET A DISTANCE OF 174.03 FEET; THENCE ALONG A CURVE CONCAVE EASTERLY CENTRAL ANGLE 18 0 30' RADIUS 539.49 FEET; A DISTANCE OF 174.20 FEET; THENCE SOUTH 5 0 16 1 30" WEST 59.66 FEET; THENCE ALONG A CURVE CONCAVE TO THE WEST, CENTRAL ANGLE EQUALS 6 0 00' RADIUS 500 FEET A DISTANCE OF 52.36 FEET; THENCE SOUTH 11°16'30" WEST 70.48 FEET; THENCE ALONG A CURVE CONCAVE TO THE WEST CENTRAL ANGLE OF 14 0 00' RADIUS 800 FEET A DISTANCE OF 195.48 FEET; THENCE ALONG A CURVE CONCAVE TO THE EAST, CENTRAL ANGLE 12 0 15' AND 668.15 FEET, A DISTANCE OF 142.85 FEET; THENCE SOUTH 13 0 01 1 30" WEST 757.46 FEET; THENCE ALONG A CURVE CONCAVE TO THE WEST CENTRAL ANGLE OF 25 0 10' RADIUS 800 FEET, A DISTANCE OF 351.39 FEET; THENCE ALONG A CURVE CONCAVE TO THE NORTHWEST CENTRAL ANGLE 32 0 30' RADIUS 540.22 FEET, A DISTANCE OF 306.43 FEET; THENCE SOUTH 70 0 41 1 30" WEST 87.25 FEET; THENCE ALONG A CURVE CONCAVE TO THE NORTH, CENTRAL ANGLE 21°20' RADIUS 796.40 FEET, A DISTANCE OF 296.53 FEET; THENCE ALONG A CURVE CONCAVE TO THE SOUTH, CENTER LINE 25 0 30' RADIUS 662.90 FEET A DISTANCE OF 295.03 FEET; THENCE SOUTH 6631 1 30" WEST 149.71 FEET; THENCE ALONG A CURVE CONCAVE TO THE SOUTHEAST CENTRAL ANGLE 13 0 00 , RADIUS 1000 FEET, A DISTANCE OF 226.89 FEET; THENCE SOUTH 53 0 31 1 30" WEST 287.80 FEET; THENCE ALONG A CURVE CONCAVE TO THE EAST, CENTRAL ANGLE EQUALS 41°00' RADIUS 400 FEET, A DISTANCE OF PAGE 3 \ 'I . 1 1 I ORDER NO. 1061954-22 286.83 FEET; THENCE SOUTH 12 0 31'30" WEST 242.75 FEET; THENCE ALONG A CURVE CONCAVE TO THE WEST CENTRAL ANGLE 43 0 00' RADIUS 350.00 FEET A DISTANCE OF 262.67 FEET; THENCE ALONG A CURVE CONCAVE TO THE SOUTHEAST CORNER 10 0 00' RADIUS 406.34 FEET A DISTANCE OF 70.92 FEET; THENCE SOUTH 45 0 31 1 30" WEST 61.16 FEET; THENCE ALONG A CURVE CONCAVE TO THE NORTHWEST CENTRAL ANGLE 16 0 30' RADIUS 400 FEET A DISTANCE OF 115.19 FEET; THENCE SOUTH 62 0 01 1 30" WEST 80.83 FEET; THENCE ALONG A CURVE CONCAVE TO THE SOUTHEAST CENTRAL ANGLE OF 23 0 00' RADIUS 400 FEET, 160.57 FEET; THENCE ALONG A CURVE CONCAVE TO THE NORTHWEST, CENTRAL ANGLE OF 15 0 00' RADIUS 567.33 FEET A DISTANCE OF 148.53 FEET; THENCE SOUTH 54 0 01 1 30" WEST 137.07 FEET; THENCE SOUTH 67 0 13' WEST 676.90 FEET; THENCE SOUTH 76 0 12' WEST 667.90 FEET TO AN INTERSECTION WITH LINE BETWEEN LOTS "E" AND "I" OF SAID RANCHO AS PER SAID MAP ON THAT COURSE BETWEEN CORNERS 4 AND 5 OF SAID LOT "E" WHOSE BEARING IS NORTH 63 0 30' WEST BY SAID MAP -NORTH 64 0 13 11 23" WEST BY SOUTH COAST LAND CO. SURVEY- FROM WHICH 4 A 2 INCH IRON PIPE FILLED WITH CONCRETE, BEARS SOUTH 6313 1 23" EAST 65.32 FEET. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. NOTE: SAID EASEMENT NOW VESTS IN THE CITY OF CARLSBAD BY VIRTUE OF THAT CERTAIN GRANT DEED RECORDED DECEMBER 8, 1958 IN BOOK 7386, PAGE 343 OF OFFICIAL RECORDS. 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 47'04" 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. PAGE 4 ORDER NO. 1061954-22 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. S. AN EASEMENT FOR, THE RIGHT TO SPILL WATER IN PRESENTLY EXISTING NATURAL DRAINAGE CHANNELS AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED JANUARY 9, 1967 AS FILE NO., 2638 OF OFFICIAL RECORDS, LOCATED WITHIN A PORTION OF PARCEL 1. THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. ALSO FOR A PIPELINE OR PIPELINES FOR THE PURPOSE OF DRAINAGE WATER, OVER A STRIP OF LAND 20 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:, BEGINNING AT POINT 4 OF LOT "D" AS SHOWN ON SAID MAP NO. 823; THENCE NORTH 01 0 46 1 56 EAST 2637.98 FEET TO POINT 5 OF SAID LOT I'D"; THENCE NORTH 65 0 57 1 53" WEST 10.38 FEET; THENCE NORTH 24 0 02 1 07" EAST 427.94 FEET; THENCE NORTH 05 0 14'26" EAST 287.60 FEET; THENCE NORTH 18 0 02 1 37" EAST 497.21 FEET; THENCE SOUTH 71 0 57 1 23" EAST 75.00 FEET; THENCE NORTH 18 0 02'37" EAST 13.17 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 30 0 12'18" EAST 300 FEET. 9. AN EASEMENT FOR PIPE LINE AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO COUNTY WATER AUTHORITY, A PUBLIC CORPORATION, RECORDED OCTOBER 27, 1976 AS FILE NO. 76-358217 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 30 FEET IN WIDTH LYING 15 FEET ON EACH SIDE, MEASURED AT RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED SURVEY LINE: BEGINNING AT A CORNER IN THE SOUTHEASTERLY BOUNDARY OF SAID LAND FORMED BY RECORD BEARINGS NORTH 89 0 37 1 38" WEST AND NORTH 01°18'02" EAST, SAID CORNER BEING ALSO ENGINEER'S STATION 299 PLUS 10.61 BACK 299.15.25 AHEAD ON SAID SURVEY LINE; THENCE ALONG SAID SOUTHEASTERLY BOUNDARY AND THE EASTERLY EXTENSION THEREOF NORTH 8903713811 WEST, RECORD 355.58 FEET; THENCE SOUTH 00 0 59' EAST 15.55 FEET TO ENGINEER'S STATION 295 PLUS 53.89 ON SAID SURVEY LINE AND THE TRUE POINT OF BEGINNING. PAGE 5 N Ni l - . ORDER NO. 1061954-22 THENCE ALONG SAID SURVEY LINE NORTH 89 0 31 1 27" WEST, 89.92 FEET; THENCE NORTH 86 0 12'27" WEST, 266.80 FEET TO ENGINEER'S STATION 299 PLUS 10.61 BACK; THENCE NORTH 64 0 01 1 01" WEST, 1,479.70 FEET; THENCE SOUTH 64 0 36 1 55" WEST, 282.25 FEET TO ENGINEER'S STATION 316 PLUS 77.20. THE END POINT OF THE ABOVE DESCRIBED SURVEY LINE, SAID END POINT BEING DISTANT THEREFROM NORTH 74°18 1 01" WEST, 2,016.50 FEET FROM THE TRUE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 10. AN EASEMENT FOR PIPES, PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO COUNTY WATER AUTHORITY, RECORDED JULY 28, 1978 AS FILE NO. 78-319050 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: SAID STRIP OF LAND 30 FEET WIDE, LYING 15 FEET ON EACH SIDE, MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED SURVEY LINE: BEGINNING AT A POINT IN THE EASTERLY BOUNDARY THEREON NORTH 00°25 1 23" EAST, 15.00 FEET FROM THE SOUTHEAST CORNER OF SAID LAKE CALAVERAS HILLS ASSOCIATES LAND, SAID POINT BEING ENGINEER'S STATION 305 PLUS 17.95 ON SAID SURVEY LINE AND THE TRUE POINT OF BEGINNING. THENCE ALONG SAID SURVEY LINE NORTH 89 0 30' WEST 15.00 FEET; THENCE NORTH 04 0 20 1 50" WEST 437.06 FEET; THENCE NORTH 40 0 38 1 21" WEST 564.57 FEET; THENCE NORTH 672931 WEST 184.00 FEET; THENCE SOUTH 74 0 29 1 39" WEST 302.87 FEET; THENCE NORTH 44 0 50 1 21" WEST 517.78 FEET; THENCE NORTH 56 0 59 1 04" WEST 212.79 FEET; THENCE NORTH 01 0 34 1 54" WEST 264.64 FEET; THENCE NORTH 61 0 18 1 54" WEST 398.84 FEET; THENCE NORTH 72 0 29 1 28" WEST 148.90 FEET; THENCE SOUTH 79 0 29 1 26" WEST 290.51 FEET TO ENGINEER'S STATION 338.65. THE END POINT OF THE ABOVE DESCRIBED SURVEY LINE, SAID END POINT BEING DISTANT NORTH 51°00'20" WEST, 2,847.57 FEET FROM THE TRUE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 11. AN EASEMENT FOR PIPE LINE OR PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO COUNTY WATER DISTRICT, A PUBLIC CORPORATION, RECORDED JUNE 13, 1979 AS FILE NO. 79-243270 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PAGE 6 ORDER NO. 1061954-22 A STRIP OF LAND 30 FEET WIDE IN THAT CERTAIN PORTION OF LOT P OF THE SUBDIVISION OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, SAID LAND AS DESCRIBED IN DEED RECORDED NOVEMBER 30, 1973 AS FILE NO. 73-332778 OF OFFICIAL RECORDS OF SAID COUNTY, SAID STRIP OF LAND 30 FEET WIDE, LYING 15 FEET ON EACH SIDE, MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED SURVEY LINE: BEGINNING AT A POINT IN THE SOUTH BOUNDARY OF SAID BOWKER LAND, DISTANT 'THEREON NORTH 89 0 10'49" WEST SOUTH 89 0 13 1 50" EAST RECORD 1,699.04 FEET FROM THE SOUTHEAST CORNER OF SAID BOWKER LAND, SAID POINT BEING ENGINEER'S STATION 33 PLUS 12.33 ON SAID SURVEY LINE AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SURVEY LINE NORTH 61 0 18 1 54" WEST, 113.26 FEET; THENCE NORTH 72 0 29 1 28" WEST, 148.90 FEET; THENCE SOUTH 79 0 29 1 26"; WEST, 290.51 FEET TO ENGINEER'S STATION 338 PLUS 65. THE END POINT OF THE ABOVE DESCRIBED SURVEY LINE, SAID END POINT BEING DISTANT NORTH 88°11'll" WEST, 2,226.98 FEET FROM THE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 12. AN EASEMENT FOR PIPELINES, INCLUDING BUT NOT LIMITED TO, CONDUITS AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES, INGRESS AND EGRESS, AND THE RIGHT TO CLEAR AND KEEP CLEAR SAID RIGHT OF WAY FROM EXPLOSIVES, BUILDINGS, STRUCTURES AND INCIDENTAL PURPOSES IN FAVOR OF COSTA REAL MUNICIPAL WATER DISTRICT, RECORDED JANUARY 25, 1980 AS FILE NO. 80-029382 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 40.00 FEET IN WIDTH, LYING 10.00 FEET ON THE NORTHEAST SIDE AND PARALLEL WITH AND 30.00 FEET ON THE SOUTHWEST SIDE AND PARALLEL WITH AND A CONSTRUCTION EASEMENT OF 60.00 FEET IN WIDTH LYING 20.00 FEET ON THE NORTHEAST SIDE AND PARALLEL WITH AND 40.00 FEET ON THE SOUTHWEST SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE CENTER LINE OF A 30 FOOT EASEMENT, SAID POINT IDENTIFIED AS "END STATION 338.65 11 , PER SAN DIEGO COUNTY WATER AUTHORITY TRI-AGENCIES WATER TRANSMISSION PIPELINE LANDS AND RIGHT MAP; THENCE LEAVING SAID POINT AND 30 FOOT EASEMENT, NORTH 65°53'21" WEST, 489.85 FEET, MORE OR LESS TO A LINE WHICH BEARS NORTH 24°06 1 39" EAST (RECORD NORTH 24°06 1 39" EAST BEING THE CENTER LINE OF A COSTA REAL MUNICIPAL WATER DISTRICT 20 FOOT WIDE EASEMENT, SAID TERMINATION POINT LYING SOUTHWEST OF POINT 5, LOT D OF SAID SUBDIVISION AND TIED BY FOLLOWING COURSES: PAGE 7 (. ORDER NO. 1061954-22 NORTH 24 0 06 1 36" EAST ALONG EASEMENT OF COSTA REAL MUNICIPAL WATER DISTRICT 31.91 FEET MORE OR LESS; THENCE SOUTH 65 0 53 1 21" EAST (RECORD SOUTH 65°57'53" EAST) 10.38 FEET TO SAID POINT 5, LOT D. THE SIDELINES OF SAID WATER MAIN AND CONSTRUCTION EASEMENT SHAll BE PROLONGED OR SHORTENED SO AS TO TERMINATE ON THE NORTHWESTERLY END AT THE CENTER LINE OF COSTA REAL MUNICIPAL WATER DISTRICT EASEMENT WHICH BEARS NORTH 24 0 06 1 39" EAST AND ON THE SOUTHEASTERLY END OF EASEMENT AT "END STATION 338 PLUS 65" ON A LINE WHICH BEARS SOUTH 10 0 30 1 32" EAST. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 13. AN EASEMENT FOR ACCESS AND INCIDENTAL PURPOSES IN FAVOR OF LAKE CALAVERA HILLS ASSOCIATES, A LIMITED PARTNERSHIP, ET AL., RECORDED MARCH 26, 1980 AS FILE NO. 80-102576 AND 80-102577, BOTH OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 102.00 FEET WIDE, BEING THE PROPOSED EXTENSION OF COLLEGE BOULEVARD, AND THE CENTER LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF MIRA COSTA MESA UNIT NO. 5, ACCORDING TO MAP THEREOF NO. 7151, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 29, 1971; THENCE ALONG THE SOUTHERLY LINE OF SAID MAP NO. 7151, NORTH 89°18 1 35" EAST, 31.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 38 0 59 1 00" EAST, 25.26 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 75 0 55 1 53" A DISTANCE OF 1325.25 FEET; THENCE TANGENT TO SAID CURVE SOUTH 36 0 56 1 53" WEST, 909.25 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07 0 15'54" A DISTANCE OF 126.80 FEET TO THE MOST EASTERLY CORNER OF PARCEL 1-A OF SAID CERTIFICATE OF COMPLIANCE; THENCE TANGENT TO SAID CURVE SOUTH 29 0 40 1 59" WEST, 232.85 FEET TO A POINT OF ACCESS TO SAID PARCEL 1-A; THENCE CONTINUING SOUTH 29 0 40 1 59" WEST, 353.67 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 53 0 54'38" A DISTANCE OF 940.92 FEET TO A POINT OF ACCESS TO PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE, SAID EASEMENT TO TERMINATE NORTHERLY IN THE SOUTHERLY LINE OF SAID MAP NO. 7151. ALSO: A STRIP OF LAND 102.00 FEET IN WIDTH, BEING THE PROPOSED EXTENSION OF ELM AVENUE, AND THE CENTER LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: PAGE 8 . ILj . . ORDER NO. 1061954-22 COMMENCING AT THE MOST EASTERLY CORNER OF SAID PARCEL 1-A SAID CERTIFICATE OF COMPLIANCE AS SAID CORNER IS DESCRIBED IN ACCESS EASEMENT ABOVE; THENCE SOUTH 29 0 40'59" WEST, 586.52 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13 0 32 1 52" A DISTANCE OF 236.45 FEET TO THE CENTER LINE INTERSECTION WITH ELM AVENUE PROPOSED EXTENSION AND BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 73 0 51'53" WEST, 155.70 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35 0 45'19" A DISTANCE OF 606.59 FEET; THENCE TANGENT TO SAID CURVE SOUTH 71 0 22 1 48" WEST, 825.88 FEET TO THE CENTER LINE INTERSECTION WITH TAMARACK AVENUE PROPOSED EXTENSION AND BEING A POINT OF ACCESS TO SAID PARCEL 1-A OF CERTIFICATE OF COMPLIANCE. SAID EASEMENT TO TERMINATE SOUTHEASTERLY IN THE CENTER LINE OF ACCESS EASEMENT SHOWN ABOVE. 14. AN AGREEMENT REGARDING PP. YNENT 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. 15. AN EASEMENT FOR ACCESS AND INCIDENTAL PURPOSES IN FAVOR OF TREETOPS UNLIMITED, A JOINT VENTURE, COMPOSED OF FINANCIAL SCENE INCORPORATED, A CALIFORNIA CORPORATION AND PACIFIC SCENE INC., A CALIFORNIA CORPORATION, RECORDED NOVEMBER 10, 1980 AS FILE NO. 80-377476 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: LYING WITHIN A STRIP OF LAND 102.00 FEET WIDE, BEING THE PROPOSED EXTENSION OF COLLEGE BOULEVARD, AND THE CENTER LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF MIRA COSTA MESA UNIT NO. 5, ACCORDING TO MAP THEREOF NO. 7151, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 29, 1971; THENCE ALONG THE SOUTHERLY LINE OF SAID MAP NO. 7151, NORTH 89 0 18 1 35" EAST 31.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 38 0 59 1 00" EAST 25.26 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 75 0 55 1 53" A DISTANCE OF 1325.25 FEET; THENCE TANGENT TO SAID CURVE SOUTH 36 0 56 1 53" WEST 909.25 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 71554" A DISTANCE OF 126.80 FEET TO THE MOST EASTERLY CORNER OF PARCEL 1-A PAGE 9 •1 . . ORDER NO. 1061954-22 OF CERTIFICATE OF COMPLIANCE RECORDED JANUARY 22, 1980 AS FILE NO. 80-024454 OF OFFICIAL RECORDS; THENCE TANGENT TO SAID CURVE SOUTH 29 0 40 1 59" WEST 232.85 FEET TO A POINT OF ACCESS TO SAID PARCEL 1-A; THENCE CONTINUING SOUTH 29 040 1 59" WEST 187.15 FEET TO AN ANGLE POINT IN SAID PARCEL 1-A, BEING THE POINT OF TERMINATION. THE EFFECT OF A QUITCLAIM DEED FROM TREETOPS UNLIMITED, A JOINT VENTURE, RECORDED SEPTEMBER 12, 1990 AS FILE NO. 90-499011 OF OFFICIAL RECORDS PURPORTING TO ELIMINATE THE ABOVE EASEMENT. 16. AN EASEMENT FOR PRIVATE STREET/ROAD, INGRESS, EGRESS AND INCIDENTAL PURPOSES IN FAVOR OF LAKE CALAVERAS HILLS ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, RECORDED JULY 27, 1981 AS FILE NO. 81-236324 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ACCESS PURPOSES OVER, ALONG AND ACROSS THOSE PORTIONS OF LOT "D" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING WITHIN A STRIP OF LAND 102.00 FEET WIDE, BEING THE PROPOSED EXTENSION OF COLLEGE BOULEVARD, AND THE CENTER LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF MIRA COSTA MESA UNIT NO. 5, ACCORDING TO MAP THEREOF NO. 7151, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 29, 1971; THENCE ALONG THE SOUTHERLY LINE OF SAID MAP NO. 7151, NORTH 89°18 1 35" EAST, 31.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 38 0 59 1 00" EAST, 25.26 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 75 0 55 1 53" A DISTANCE OF 1325.25 FEET; THENCE TANGENT TO SAID CURVE SOUTH 36°56 1 53" WEST, 909.25 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7 0 15 1 54" A DISTANCE OF 126.80 FEET TO THE MOST EASTERLY CORNER OF PARCEL 1-A OF CERTIFICATE OF COMPLIANCE RECORDED JANUARY 22, 1980 AS FILE NO. 80-024454 OF OFFICIAL RECORDS; THENCE TANGENT TO SAID CURVE SOUTH 29 0 40'59 WEST, 232.85 FEET TO A POINT OF ACCESS TO SAID PARCEL 1-A; THENCE CONTINUING SOUTH 29 0 40 1 59" WEST, 187.15 FEET TO AN ANGLE POINT IN SAID PARCEL 1-A, BEING THE POINT OF TERMINATION. PAGE 10 I ORDER NO. 1061954-22 PARCEL 3: AN EASEMENT AND RIGHT OF WAY 102.00 FEET IN WIDTH LYING WITHIN LOTS D AND J OF SAID RANCHO AGUA HEDIONDA, THE CENTER LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 1 DESCRIBED ABOVE; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND AS FOLLOWS: NORTH 73 0 51 1 53" WEST 155.70 FEET TO THE BEGINNING OF A 1000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34 045 1 19" A DISTANCE OF 606.59 FEET; AND TANGENT THERETO SOUTH 71 0 22 1 48" WEST 825.88 TO POINT "A" BEING THE POINT OF TERMINATION. PARCEL 4: AN EASEMENT AND RIGHT OF WAY FOR ACCESS PURPOSES OVER ALL THAT PORTION OF LOTS J AND E OF SAID RANCHO AGUA HEDIONDA 84.00 FEET IN WIDTH, THE CENTER LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT "X" AS DESCRIBED IN PARCEL 3 ABOVE; THENCE SOUTH 18 0 37'12" EAST 273.62 FEET TO THE BEGINNING OF A TANGENT 1000 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33 0 19'32" A DISTANCE OF 581.64 FEET; THENCE TANGENT TO SAID CURVE SOUTH 14 0 42 1 20" WEST 138.57 FEET TO THE BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22 0 17'40" A DISTANCE OF 241.45 FEET; THENCE TANGENT TO THERETO SOUTH 37 0 00 1 00" WEST 702.00 FEET TO THE BEGINNING OF A 1000 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15 0 47 1 30" A DISTANCE OF 275.62 FEET; THENCE TANGENT THERETO, SOUTH 21 0 12 1 30" WEST 344.15 FEET TO POINT OF TERMINATION. 17. AN EASEMENT FOR A PIPELINE OR PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF COSTA REAL MUNICIPAL WATER DISTRICT, RECORDED NOVEMBER 23, 1982 AS FILE NO. 82-362089 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PARCEL I- PERMANENT PIPELINE EASEMENT A 30-FOOT STRIP OF LAND LYING NORTHERLY AND AT RIGHT ANGLES AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE: PAGE 11 ORDER NO. 1061954-22 PARCEL A- PERMANENT PIPELINE EASEMENT BEGINNING AT A POINT ON THE CENTER LINE OF A 30.00-FOOT WIDE EASEMENT, SAID POINT BEING DESCRIBED AS "ENGINEER'S STATION 338 PLUS 64, SAID EASEMENT AS DESCRIBED IN DEED RECORDED JUNE 13, 1979 AS FILE NO. 79-243270 OF OFFICIAL RECORDS IN SAID COUNTY RECORDER'S OFFICE; THENCE LEAVING SAID CENTER LINE ALONG THE WESTERLY TERMINATION LINE OF SAID EASEMENT SOUTH 10 0 30 1 34" EAST 15.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID EASEMENT AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 79 0 00 1 01" WEST 62.80 FEET TO THE CENTER LINE INTERSECTION OF COLLEGE BOULEVARD AND ELM AVENUE, SAID INTERSECTION AS SHOWN ON CERTIFICATE OF COMPLIANCE RECORD JANUARY 22, 1980 AS FILE NO. 80-024459 OF OFFICIAL RECORDS (CASE NO. 422, CITY OF CARLSBAD); THENCE ALONG THE CENTER LINE OF ELM AVENUE PER SAID CERTIFICATE NORTH 73 0 51 1 53" WEST 155.70 FEET TO THE BEGINNING OF A TANGENT 1,000-FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE ALONG SAID CENTER LINE OF ELM AVENUE THROUGH A CENTRAL ANGLE OF 34 0 45'19" AN ARC DISTANCE OF 606.59 FEET; THENCE SOUTH 71 0 22 1 48" WEST 825.88 FEET TO THE CENTER LINE INTERSECTION OF TAMARACK AVENUE AND ELM AVENUE, SAID INTERSECTION BEING A POINT ON THE EASTERLY BOUNDARY LINE OF PARCEL 1A PER SAID CERTIFICATE OF COMPLIANCE, SAID LINE BEARS NORTH 18 0 37 1 12" WEST, SAID INTERSECTION POINT AND EASTERLY BOUNDARY LINE BEING THE TERMINATION POINT OF PARCEL "A". PARCEL II - EXCAVATION AND EMBANKMENT SLOPE EASEMENTS TO FACILITIES DRAINAGE CONTROL, ACCESS, AND CONSTRUCTION OF PERMANENT PIPELINES. A 160-FOOT WIDE STRIP OF LAND LYING 60 FEET SOUTHERLY AND 100 FEET NORTHERLY OF THE FOLLOWING DESCRIBED LAND: BEGINNING AT A POINT ON THE CENTER LINE OF A 30.00-FOOT WIDE EASEMENT, SAID POINT BEING DESCRIBED AS "ENGINEER'S STATION 338 PLUS 65 11 , SAID EASEMENT AS DESCRIBED IN DEED RECORDED JUNE 13, 1979 AS FILE NO. 79-243270 OF OFFICIAL RECORDS IN SAID COUNTY RECORDER'S OFFICE; THENCE LEAVING SAID CENTER LINE ALONG THE WESTERLY TERMINATION LINE OF SAID EASEMENT SOUTH 10 0 30 1 34" EAST 15.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID EASEMENT AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 79 0 00'0l" WEST 62.80 FEET TO THE CENTER LINE INTERSECTION OF COLLEGE BOULEVARD AND ELM AVENUE, SAID INTERSECTION AS SHOWN ON CERTIFICATE OF COMPLIANCE RECORDED JANUARY 22, 1980 AS FILE NO. 80-024459 OF OFFICIAL RECORDS (CASE NO. 422, CITY OF CARLSBAD); THENCE ALONG THE CENTER LINE OF ELM AVENUE PER SAID CERTIFICATE NORTH 73 0 51 1 53" WEST 155.70 FEET TO THE BEGINNING OF A TANGENT 1,000-FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE ALONG SAID CENTER LINE OF ELM AVENUE THROUGH A CENTRAL ANGLE OF 34 0 45 1 19" AN ARC DISTANCE OF 606.59 FEET; THENCE SOUTH 71 0 22'48" WEST 825.88 FEET TO THE CENTER LINE INTERSECTION OF TAMARACK AVENUE AND ELM AVENUE. PAGE 12 \ I i / • S . ORDER NO. 1061954-22 SAID INTERSECTION BEING A POINT ON THE EASTERLY BOUNDARY LINE OF PARCEL 1A PER SAID CERTIFICATE OF COMPLIANCE, SAID LINE BEARS NORTH 18 0 37 1 12" WEST, SAID INTERSECTION POINT AND EASTERLY BOUNDARY LINE BEING THE TERMINATION POINT OF PARCEL "A" REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 18. AN EASEMENT FOR PIPELINE OR PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF COSTA REAL MUNICIPAL WATER DISTRICT, RECORDED NOVEMBER 23, 1982 AS FILE NO. 82-362090 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEASTERLY BOUNDARY OF LOT 1 OF CARLSBAD TRACT NO. 76-12, MAP NO. 9935, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID POINT BEING THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN LINE DESIGNATED AS NORTH 60°37 1 32" WEST, 250.22 FEET, SAID POINT BEING THE POINT OF BEGINNING. PARCEL 1; A 20-FOOT STRIP OF LAND LYING 10 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE, SAID STRIP BEING A PORTION OF LOT "J ig . BEGINNING AT THE ABOVE DESCRIBED POINT OF BEGINNING; THENCE NORTH 32 0 12'30" EAST 928.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 18 0 37 1 12" WEST 38.95 FEET TO A POINT OF TERMINUS OF PARCEL 1. PARCEL 2: A 20.00 FOOT STRIP OF LAND LYING 10 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE, SAID STRIP BEING A PORTION OF LOT "J". BEGINNING AT THE ABOVE DESCRIBED POINT OF BEGINNING; THENCE NORTH 3256'35" EAST 944.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 18 0 37 1 12" WEST, 659.92 FEET TO A POINT OF TERMINUS OF PARCEL 2 SAID TERMINUS BEING ALSO THE CENTER LINE OF ELM AVENUE. PARCEL 3: A 20.00-FOOT STRIP OF LAND LYING 10 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE, SAID STRIP BEING A PORTION OF LOT "D": PAGE 13 S Pi ORDER NO. 1061954-22 BEGINNING AT THE ABOVE DESCRIBED POINT OF BEGINNING; THENCE NORTH 48 0 46 1 46" EAST, 1591.34 FEET TO THE TRUE POINT OF BEGINNING, BEING A POINT ON THE ARC OF A NON-TANGENT 1015-FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE TO SAID CURVE BEARS SOUTH 82 0 51 1 04" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23 0 17'03" A DISTANCE OF 412.48 FEET TO THE POINT OF TERMINUS OF PARCEL 3, A RADIAL LINE TO SAID POINT OF TERMINUS BEARS NORTH 73 0 51 1 53" WEST, SAID POINT OF TERMINUS BEING ALSO THE CENTER LINE OF ELM AVENUE. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 19. 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. 20. 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. PAGE 14 .1 . . ORDER NO. 1061954-22 21. A LICENSE AGREEMENT FOR GRADING ON VILLAGE E-2 IN CALAVERA HILLS DATED JUNE 3, 1985, 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. 22. 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. 23. 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. 24. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED DECEMBER 7, 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. 25. AN AGREEMENT REGARDING PAYMENT 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. 26. 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 15 ORDER NO. 1061954-22 27. 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. 28. 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. 29. 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. 30. THE EFFECT, IF ANY, OF SUBDIVISION MAP NOB. 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. 31. 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. 32. 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: L Y 0 N / C 0 P L E Y CA R L S B AD ASSOCIATE. PAGE 16 aAJiWa): AuGuST 16, 1990 AS FiLt NO. 90-450020 OF OFFICIAL RECORDS. 28. AN AGREEMENT RECING TO PAY DRAINAGE FAN 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. 29. 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. 30. THE EFFECT, IF ANY, OF SUBDIVISION 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. 31. 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. 32. 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 16 PAGE 17 . . ORDER NO. 1061954-22 AN INSTRUMENT DATED JULY 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 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 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 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. 37. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 13868, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 38. THE FACT THAT SAID LAND LIES WITHIN THE COMMUNITY FACILITIES DISTRICT NO. 2, AS DISCLOSED BY INSTRUMENT RECORDED OCTOBER 7, 1992 AS FILE NOS. 1992-0637693 AND 1992-0637694, BOTH OF OFFICIAL RECORDS. 39. 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: 09013 PARCEL NO.: 168-040-27 1ST INSTALLMENT: $80,668.11 PAID 2ND INSTALLMENT: $80,668.11 OPEN LAND VALUE: $12,066,975.00 IMPROVEMENTS: EXEMPT: PAGE 18 ORDER NO. 1061954-22 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: BEING A SUBDIVISION OF A PORTION OF LOT "D" 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 57'58" 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°20 1 05" WEST, 173.76 FEET; THENCE SOUTH 55°38 1 49" WEST, 223.72 FEET; THENCE SOUTH 06°47 1 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 0 25 1 27" WEST, 66.69 FEET; THENCE NORTH 79 0 42'34" 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 1 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°32 1 31" WEST, 98.52 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°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 1 11" WEST, 159.95 FEET; THENCE SOUTH 21037 '29" WEST, 190.15 FEET; THENCE SOUTH 13 0 43 1 44" WEST, 781.93 FEET; THENCE NORTH 89 0 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 12'06" EAST, 319.76 FEET; THENCE SOUTH PAGE 19 S ORDER NO. 1061954-22 48°43 1 39" EAST, 335.00 FEET; THENCE NORTH 48 0 46'21" EAST, 250.00 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 1,000 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 301.73 FEET THROUGH AN ANGLE OF 17 0 17 1 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 0 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 1 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°17 1 40"; THENCE TANGENT TO SAID CURVE, SOUTH 37 0 00 1 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°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 00 0 34 1 54" WEST, 660.00 FEET; THENCE NORTH 89 0 25 1 06" WEST 317.29 FEET; THENCE NORTH 00 0 35 1 22" EAST, 987.58 FEET; THENCE NORTH 24 0 22 1 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 1 05 11 WEST, RECORD SOUTH 82°59 1 47" WEST, 70.00 FEET; THENCE NORTH 24 0 22 1 59" WEST, RECORD NORTH 24 0 20'17" WEST, 95.00 FEET; THENCE NORTH 05 0 02'00" WEST, RECORD NORTH 04°59'18" 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 1 14"; THENCE TANGENT TO SAID CURVE, NORTH 48 0 56 1 14" WEST, RECORD NORTH 48 0 53'30" WEST, 22.76 FEET; THENCE NORTH 41 0 03 1 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 NC NILLIN 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" 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 09031 1 42 11 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 1 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; PAGE 20 -' . . ORDER NO. 1061954-22 THENCE NORTH 24 0 25 1 15" WEST, 1,805.09 FEET; THENCE NORTH 70 0 04'42" EAST, 515.00 FEET; THENCE SOUTH 42 0 46 1 18" EAST 95.60 FEET; THENCE SOUTH 43 0 00'00" 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 0 00'00" EAST, 140.00 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 28 0 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°54'50" 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 0 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 0 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 1 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 1 11" 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 0 15 1 10" EAST, 77.00 FEET; THENCE LEAVING SAID BOUNDARY NORTH 04 0 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 35'00" 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 0 05'00 11 1 A DISTANCE OF 112.65 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 72 0 00'00" 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 9 57'49", 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 0 57 1 49" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15 0 42 1 39", A DISTANCE OF 548.41 FEET TO A POINT IN THE ARC OF SAID CURVE, TO WHICH A RADIAL LINE BEARS NORTH 46°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. PAGE 21 S ORDER NO. 1061954-22 EXCEPTING THEREFROM THAT PORTION OF LOT D DESCRIBED AS FOLLOWS: 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 0 40 1 08 11 , AN ARC DISTANCE OF 64.03 FEET; THENCE LEAVING SAID CENTER LINE OF COLLEGE BOULEVARD ON A RADIAL LINE OF SAID CURVE, SOUTH 70 -11 1 45 11 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 1 1982 AS FILE NO. 82-220671 OF OFFICIAL RECORDS. SAID NORTHERLY EASEMENT LINE BEARS SOUTH 79 0 29 1 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 1 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 1 26" 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 NAP NO. 823; THENCE NORTH 13 0 27 1 35" WEST, 1,079.76 FEET; THENCE NORTH 76 0 32'25" 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 NQRTHWESTERLY, A RADIAL LINE TO SAID.. POINT BEARS SOUTH 12°10'00" EAST, AND BEING ALSO THE TRUE POINT OF BEGINNING; THENCE SOUTHWESTERLY ALONG SAID CURVE, A CENTRAL ANGLE OF 05°54 1 43 11 , AN ARC DISTANCE OF 12.64 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 83 0 44'43" 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°20'09 11 , 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 51", AN ARC DISTANCE OF 42.73 FEET TO THE BEGINNING OF A REVERSE 122.50 FOOT RADIUS CURVE; THENCE CLOCKWISE PAGE 22 ORDER NO. 1061954-22 ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 298 0 35 1 00 11 AN ARC DISTANCE OF 638.38 TO THE TRUE POINT OF BEGINNING, AS CONVEYED TO 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 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, 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; 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 0 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 0 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 0 00 1 00 11 , 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, 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 1 42" WEST, 30.02 FEET TO THE WESTERLY LINE OF GLASGOW DRIVE, THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 69°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 1,042.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 85 0 33 1 46" EAST, THENCE PAGE 23 ORDER NO. 1061954-22 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 37'12" 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 11 t 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°22 1 48" EAST, 384.68 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 18°37 1 12" EAST, 150.00 FEET; THENCE NORTH 71 0 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 11 , 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 11 , 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 11 , 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 0132" EAST, A DISTANCE OF 507.85 FEET TO THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 9336; THENCE SOUTH 80°35'00" 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 MAP 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. PAGE 24 ORDER NO. 1061954-22 ALSO EXCEPTING THEREFROM ALL OF CARLSBAD TRACT NO. 83-32, CALAVERA HILLS VILLAGE Q, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE 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 25 -- - -I S AMEI 1 I 4 ---: ,:•-. First American Title Insurance Company 411 Ivy Street, San Diego, California 92101 Post Office Box 808, San Diego, California 92112 (619) 238-1776 SUPPLEMENTAL REPORT THE WILLIAM LYON COMPANY 4490 VON KARNAN AV. NEWPORT BEACH, CA. ATTN: SHIRLEY O'CONNOR YOUR REFERENCE:CALAVERA HILLS_- U OUR ORDER NO.: -1061954-22 DATED AS OF FEBRUARY 1. 1993 AT 7:30 A.M. THE ABOVE NUMBERED REPORT (INCLUDING ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS HEREBY MODIFIED AND/OR SUPPLEMENTED IN ORDER TO REFLECT THE FOLLOWING ADDITIONAL ITEMS RELATING TO THE ISSUANCE OF AN AMERICAN LAND TITLE ASSOCIATION FORM POLICY: TITLE IS NOW VESTED IN: THE FOLLOWING ITEM(S) HAS/HAVE BEEN ADDED TO OUR PRELIMINARY REPORT: xxx ITEM NO.(S) 18 OF OUR PRELIMINARY REPORT HAS/HAVE BEEN DELETED. FIRST MERØ#Ø& COMPANY OTHER: DATED: JUNE 30, 1993 j TICOR TITL1NSUR4NCE I' TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 925 "B" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081 JUNE 19, 1990 WILLIAM LYON CO. ATTN: GEORGE HAVIAR 4330 LA JOLLA VILLAGE SUITE 130 LA JOLLA, CALIFORNIA 92122 YOUR REFERENCE: CALAVERA HILLS VILLAGE U OUR ORDER NO. : 1182561 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 JANUARY 31, 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. FOR THE FISCAL YEAR : 1989-90 INCLUDING PERSONAL PROPERTY TAX, IF ANY, SECOND INSTALLMENT : NOW PAYABLE AND WILL BE DUE FEBRUARY 1, 1990 THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AMENDED 1182561 PAGE 1 j TICOR T1TLN5URANCE TAXATION CODE OF THE STATE OF CALIFORNIA. 2. GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR 1988-89 REPORT TO FOLLOW. 3. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY FOR : 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 "Efl 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 0 47'04" EAST TO THE EASTERLY LINE OF RECORD OF SURVEY MAP NO. 9336. 4. 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. SAID MATTER AFFECTS: THAT PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN THE FOLLOWING: PORTION OF LOT "0" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896 DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHERLY LINE OF SAID LOT "D", DISTANT THEREON NORTH 87 0 29'20" EAST, 4706.8 FEET (RECORD NORTH 87°40' EAST, 4696.00 FEET) FROM THE NORTHWEST CORNER OF SAID LOT; THENCE SOUTH 2 0 02'11" WEST, 2895.52 FEET (RECORD DUE SOUTH, 2916.00 FEET) TO THE TRUE POINT OF BEGINNING, BEING THE SOUTHEAST CORNER OF LAND CONVEYED TO W. S. KELLY BY DEED DATED MARCH 12, 1904 AND RECORDED IN BOOK 393, PAGE 212 OF DEEDS; THENCE SOUTH 89 0 19'35" WEST (RECORD DUE WEST) ALONG AMENDED 1182561 PAGE 2 rjC- TICOR TITLINSURANCE THE SOUTHERLY LINE OF SAID KELLY'S LAND, 4485.21 FEET TO A POINT IN THE WESTERLY BOUNDARY LINE OF SAID LOT "D, SAID POINT BEING THE SOUTHWEST CORNER OF SAID KELLY'S LAND; THENCE SOUTH 13 0 23' EAST 2602.94 FEET (RECORD SOUTH 13 0 57' EAST, 2957.52 FEET) ALONG SAID WESTERLY LINE TO CORNER NO. 5 OF SAID LOT; THENCE SOUTH 1 0 43 1 28' WEST, 2639.26 FEET (RECORD DUE SOUTH, 2640.00 FEET) ALONG SAID WESTERLY LINE TO CORNER NO. 4 OF SAID LOT, BEING ALSO THE SOUTHEAST CORNER OF LOT "U" OF SAID RANCHO; THENCE SOUTH 89 0 22'33" EAST ALONG THE SOUTHERLY - LINE OF SAID LOT "D"; A DISTANCE OF 2342.24 FEET TO A POINT IN THE CENTER LINE OF THE EXISTING WATER PIPE LINE AS SAID PIPE LINE WAS DESCRIBED IN A DEED TO THE OCEANSIDE MUTUAL WATER COMPANY, RECORDED JULY 11, 1930, IN BOOK 1796, PAGE 142 OF DEEDS; THENCE ALONG SAID CENTER LINE AS FOLLOWS: NORTH 11 0 37'17" EAST, 65.21 FEET AND NORTH 7 0 16'27" EAST, 135.37 FEET AND NORTH 14 0 44'17" EAST, 57.17 FEET AND NORTH20 0 56'47" EAST, 126.00 FEET AND NORTH 9 0 50'02" EAST, 112.77 FEET AND NORTH 1 0 18'02" EAST, 150.10 FEET TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH THE SOUTHERLY LINE OF LOT "L" OF SAID RANCHO AND 660.00 FEET SOUTHERLY OF THE SOUTHWESTERLY CORNER OF SAID LOT "L", SAID 660.00 FEET BEING MEASURED ALONG THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT "L"; THENCE LEAVING SAID CENTER LINE SOUTH 89 0 37'38" EAST ALONG SAID PARALLEL LINE 265.66 FEET TO AN INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT "L"; THENCE NORTH 0 0 22'22" EAST, 2181.38 FEET (RECORD NORTH 0 0 40'58" WEST) ALONG SAID SOUTHERLY PROLONGATION AND SAID WESTERLY LINE OF SAID LOT "L" TO A POINT IN THE BOUNDARY OF LAND CONVEYED TO OCEANSIDE MUTUAL WATER COMPANY, A CORPORATION, BY DEED DATED JULY 8, 1930 AND RECORDED IN BOOK 1796, PAGE 142 OF DEEDS; THENCE ALONG THE BOUNDARY OF SAID LAND SO CONVEYED TO OCEANSIDE MUTUAL WATER COMPANY THE FOLLOWING COURSES AND DISTANCES: THENCE NORTH 57 0 46'28" WEST (RECORD NORTH 58 0 19'20" WEST) 56.48 FEET; THENCE NORTH 15 0 39'22" EAST, 352.89 FEET (RECORD NORTH 15 0 07'40" EAST, 352.94 FEET); THENCE NORTH 59 0 29'02" EAST, 133.65 FEET (RECORD NORTH 58 0 55'10" EAST, 133.68 FEET); THENCE NORTH 13 0 32'02" EAST, 98.60 FEET (RECORD NORTH 12 0 59'10" EAST, 98.60 FEET); THENCE NORTH 28 0 31'28" WEST 327.22 FEET (RECORD NORTH 29 0 04'20" WEST, 327.22 FEET); THENCE NORTH 8 0 20'28" WEST, 203.55 FEET (RECORD NORTH 8 0 53'20" WEST, 203.55 FEET); THENCE NORTH 7 0 42'02" EAST, 191.00 FEET (RECORD NORTH 7 0 09'10" EAST, 191.00 FEET); THENCE SOUTH 81 0 26'28" EAST, 97.10 FEET (RECORD SOUTH 81 0 59'20" EAST, 97.10 FEET); THENCE SOUTH 43 0 06 1 58" EAST, 154.05 FEET (RECORD SOUTH 43 0 39'50" EAST, 154.05 FEET); THENCE SOUTH 79 0 38'58" EAST, 119.10 FEET (RECORD SOUTH 80 0 1150" EAST, 119.10 FEET); THENCE SOUTH 10 0 24'08" EAST, 66.52 FEET (RECORD SOUTH 10 0 57' EAST, 66.52 FEET); THENCE SOUTH 59 0 47'08" EAST, 131.15 FEET (RECORD SOUTH 60 0 20' EAST, 131.15 FEET); THENCE SOUTH 72 0 17'08" EAST, 179.60 FEET (RECORD SOUTH 72 0 50' EAST, 179.60 FEET); THENCE NORTH 35 0 13'52" EAST, 151.66 FEET (RECORD NORTH 34 0 41' EAST, 151.65 FEET); THENCE NORTH 6 °59'52" EAST, 213.58 FEET (RECORD NORTH 6 °27' EAST, 213.52 FEET); THENCE NORTH 67 0 15'52" EAST, 104.52 FEET (RECORD NORTH 66 0 43' EAST, 104.52 FEET); THENCE NORTH 23 0 37'52" EAST, 178.04 FEET (RECORD NORTH 23 0 05' EAST, 178.00 FEET); THENCE NORTH 6 0 55'52" EAST, 454.10 FEET (RECORD NORTH 6 0 23' EAST, 454.00 FEET); THENCE NORTH 55 °46'52" EAST, 224.13 FEET (RECORD NORTH 55 0 14' EAST, 224.10 FEET); THENCE SOUTH 14 0 10'08" EAST (RECORD SOUTH 14 0 43' EAST) 173.55 FEET TO AN INTERSECTION WITH THE NORTH AND SOUTH CENTER LINE OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; THENCE LEAVING SAID BOUNDARY NORTH 200211111 EAST ALONG SAID CENTER LINE, AMENDED 1182561 PAGE 3 jdr TICOR TITLó INSURANCE 610.79 FEET TO THE TRUE POINT OF BEGINNING. 5. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED : JANUARY 5, 1959, DOCUMENT NO. 1070 IN BOOK 7427, PAGE 358 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. SAID MATTER AFFECTS: THAT PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN THE FOLLOWING: PORTION OF LOT "Efl OF RANCHO AGUA HEDIONDA, IN THE 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, NOVEMBER 16, 1896 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT "J" SAID POINT OF BEGINNING BEING A POINT ON THE NORTHERLY LINE OF SAID LOT "E"; THENCE SOUTH 89 0 2233 EAST ALONG THE NORTHERLY LINE OF SAID LOT "E", A DISTANCE OF 2342.24 FEET; THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT "E" SOUTH 1404410211 WEST, 159.68 FEET; THENCE SOUTH 21°41'42" WEST 190.34 FEET THENCE SOUTH 13 0 46'12" WEST, 781.82 FEET; THENCE NORTH 89022133H WEST, 3848.48 FEET; THENCE NORTH 0037l27 EAST, 1093.81 FEET TO A POINT IN THE NORTHERLY LINE OF SAID LOT '1 E" THENCE SOUTH 89 0 22'33" EAST ALONG SAID NORTHERLY LINE OF SAID LOT RE", A DISTANCE OF 1791.41 FEET TO THE POINT OF BEGINNING. 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 COUNTY WATER AUTHORITY , A PUBLIC CORPORATION FOR : PIPE LINE RECORDED : OCTOBER 27, 1976, RECORDER'S FILE NO. 76-358217 AFFECTS : SAID STRIP OF LAND 30 FEET IN WIDTH LYING 15 FEET ON EACH SIDE, MEASURED AT RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED SURVEY LINE: BEGINNING AT A CORNER IN THE SOUTHEASTERLY BOUNDARY OF SAID LAND FORMED BY RECORD BEARINGS NORTH 89 0 37 1 38" WEST AND NORTH 01018!02h1 EAST, SAID CORNER BEING ALSO ENGINEER'S S1ATION 299 PLUS 10.61 BACK 299.15.25 AHEAD ON SAID SURVEY LINE; THENCE ALONG SAID SOUTHEASTERLY BOUNDARY AND THE EASTERLY EXTENSION THEREOF NORTH 89 0 37'38" WEST, RECORD 355.58 FEET; THENCE SOUTH 00059! EAST 15.55 FEET TO ENGINEER'S STATION 295 PLUS 53.89 ON SAID SURVEY LINE AND THE TRUE POINT OF BEGINNING. THENCE ALONG SAID SURVEY LINE NORTH 89 0 31'27" WEST, 89.92 FEET; THENCE NORTH 86 0 12'27" WEST, 266.80 FEET TO ENGINEER'S STATION 299 PLUS 10.61 BACK; THENCE NORTH 64 0 01'01" WEST, 1,479.70 FEET; THENCE SOUTH AMENDED 1182561 PAGE 4 Qrf- TICOR TITLÔ INSURANCE 64 0 36'55' WEST, 282.25 FEET TO ENGINEER'S STATION 316 PLUS 77.20. THE END POINT OF THE ABOVE DESCRIBED SURVEY LINE, SAID END POINT BEING DISTANT THEREFROM NORTH 74 0 18'01" WEST, 2,016.50 FEET FROM THE TRUE POINT OF BEGINNING. 7. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO COUNTY WATER AUTHORITY FOR : PIPES AND PIPELINES RECORDED JULY 28, 1978, RECORDER'S FILE NO. 78-319050 AFFECTS : SAID STRIP OF LAND 30 FEET WIDE, LYING 15 FEET ON EACH SIDE, MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED SURVEY LINE: BEGINNING AT A POINT IN THE EASTERLY BOUNDARY THEREON NORTH 00 0 25'23" EAST, 15.00 FEET FROM THE SOUTHEAST CORNER OF SAID LAKE CALAVERAS HILLS ASSOCIATES LAND, SAID POINT BEING ENGINEER'S STATION 305 PLUS 17.95 ON SAID SURVEY LINE AND THE TRUE POINT OF BEGINNING. THENCE ALONG SAID SURVEY LINE NORTH 89 0 30' WEST 15.00 FEET; THENCE NORTH 0420'50" WEST 437.06 FEET; THENCE NORTH 40 0 38'21" WEST 564.57 FEET; THENCE NORTH 67 0 29'31 WEST 184.00 FEET; THENCE SOUTH 74 0 29'39" WEST 302.87 FEET; THENCE NORTH 44 0 50'21" WEST 517.78 FEET; THENCE NORTH 56 0 59'04" WEST 212.79 FEET; THENCE NORTH 01 °34'54" WEST 264.64 FEET; THENCE NORTH 61 0 18'54" WEST 398.84 FEET; THENCE NORTH 72 0 29'28" WEST 148.90 FEET; THENCE SOUTH 79 0 2926" WEST 290.51 FEET TO ENGINEER'S STATION 338.65. THE END POINT OF THE ABOVE DESCRIBED SURVEY LINE, SAID END POINT BEING DISTANT NORTH 51 0 00'20" WEST, 2,847.57 FEET FROM THE TRUE POINT OF BEGINNING. B. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CARLSBAD MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT FOR : PIPE LINES AND UNDERGROUND CONDUITS RECORDED : NOVEMBER 17, 1978, RECORDER'S FILE NO. 78-497734 AFFECTS : ALL THAT PORTION OF PARCEL 1 OF LOT "U" OF RANCHO AGUA HEDIONDA, ACCORDING TO MAP NO. 823, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS THE SOUTHEASTERLY CORNER OF CARLSBAD TRACT 74-14 (A), MAP NO. 8585; THENCE NORTHEASTERLY ALONG THE PROLONGATION OF THE SOUTHERLY BOUNDARY OF CARLSBAD TRACT 74-14 (A), MAP NO. 8585 NORTH 82 0 59'47" EAST (NORTH 182 0 00'00 EAST DEED) 1054.66 FEET TO THE SOUTHWESTERLY LINE OF LAND DESCRIBED IN DEED FROM MINNIE LILLIAN BORDEN, El AL, TO CARROLL ELMER BORDEN DATED FEBRUARY 3, 1912 AND RECORDED IN BOOK 560, PAGE 578 OF DEEDS; THENCE NORTH 24°20 1 17" WEST (NORTH 25 0 30'00" WEST DEED) 341.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 41°06'30" EAST 56.50 FEET; THENCE SOUTH 48 0 53 1 30" EAST 20.00 FEET; THENCE SOUTH 41 0 06'30" WEST 65.64 FEET; THENCE NORTH 24 0 20'17" WEST 21.99 FEET TO THE TRUE POINT OF BEGINNING. AMENDED 1182561 PAGE 5 fii TIf1'%I TITI IklI 11'l A ik IF"1!' I IJII I I I w IV 9. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO COUNTY WATER DISTRICT, A PUBLIC CORPORATION FOR : PUBLIC UTILITY RECORDED : JUNE 13, 1979, RECORDER'S FILE NO. 79-243270 AFFECTS : AS FOLLOWS: A STRIP OF LAND 30 FEET WIDE IN THAT CERTAIN PORTION OF LOT 0 OF THE SUBDIVISION OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, UNDER FILE NO. 73-332778, OFFICIAL RECORDS OF SAID COUNTY, SAID STRIP OF LAND 30 FEET WIDE, LYING 15. FEET ON EACH SIDE, MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED SURVEY LINE: BEGINNING AT A POINT IN THE SOUTH BOUNDARY OF SAID BOWKER LAND, DISTANT THEREON NORTH 89 0 10'49" WEST, SOUTH 89 0 13'50" EAST, RECORD 1,699.04 FEET FROM THE SOUTHEAST CORNER OF SAID BOWKER LAND, SAID POINT BEING ENGINEER'S STATION 33 PLUS 12.33 ON SAID SURVEY LINE AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SURVEY LINE NORTH 61 0 18'54" WEST, 113.26 FEET; THENCE NORTH 72 0 29'28" WEST, 148.90 FEET; THENCE SOUTH 79 0 29'26" WEST, 290.51 FEET TO ENGINEER'S STATION 338 PLUS 65. THE END POINT OF THE ABOVE DESCRIBED SURVEY LINE, SAID END POINT BEING DISTANT NORTH 88 0 11'11" WEST, 2,226.98 FEET FROM THE POINT OF BEGINNING. 10. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : COSTA REAL MUNICIPAL WATER DISTRICT FOR : PIPELINES, INCLUDING BUT NOT LIMITED TO, CONDUITS AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES, INGRESS AND EGRESS, AND THE RIGHT TO CLEAR AND KEEP CLEAR SAID RIGHT OF WAY FROM EXPLOSIVES, BUILDINGS AND STRUCTURES RECORDED : JANUARY 25, 1980, RECORDER'S FILE NO. 80-029382 AFFECTS : A STRIP OF LAND 40.00 FEET IN WIDTH, LYING 10.00 FEET ON THE NORTHEAST SIDE AND PARALLEL WITH AND 30.00 FEET ON THE SOUTHWEST SIDE AND PARALLEL WITH AND A CONSTRUCTION EASEMENT OF 60.00 FEET IN WIDTH LYING 20.00 FEET ON THE NORTHEAST SIDE AND PARALLEL WITH AND 40.00 FEET ON THE SOUTHWEST SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE CENTER LINE OF A 30 FOOT EASEMENT, SAID POINT IDENTIFIED AS "END STATION 338.65", PER SAN DIEGO COUNTY WATER AUTHORITY TRI-AGENCIES WATER TRANSMISSION PIPELINE LANDS AND RIGHT MAP; THENCE LEAVING SAID POINT AND 30 FOOT EASEMENT, NORTH 65 °53'21" WEST, 489.85 FEET MORE OR LESS TO A LINE WHICH BEARS NORTH 24 °06'39" EAST (RECORD NORTH 24 0 06'39" EAST BEING THE CENTER LINE OF A COSTA REAL MUNICIPAL WATER DISTRICT 20 FOOT WIDE EASEMENT. SAID TERMINATION POINT LYING SOUTHWEST OF POINT 5, LOT 0 OF SAID SUBDIVISION AND TIED BY FOLLOWING COURSES: NORTH 24 °06'36" EAST ALONG EASEMENT OF COSTA REAL MUNICIPAL WATER DISTRICT 31.91 FEET MORE OR LESS; THENCE SOUTH 65 0 53'21" EAST (RECORD SOUTH 65 0 5753" EAST) 10.38 FEET TO SAID POINT 5, LOT D. AMENDED 1182561 PAGE 6 j TICOR T1TLENSURANCE THE SIDELINES OF SAID WATER MAIN AND CONSTRUCTION EASEMENT SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE ON THE NORTHWESTERLY END AT THE CENTER LINE OF COSTA REAL MUNICIPAL WATER DISTRICT EASEMENT WHICH BEARS NORTH 24 0 06'39" EAST AND ON THE SOUTHEASTERLY END OF EASEMENT AT "END STATION 338 PLUS 65" ON A LINE WHICH BEARS SOUTH 10 0 30'32" EAST. 11. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : LAKE CALAVERA HILLS ASSOCIATES, A LIMITED PARTNERSHIP, ET AL FOR : ACCESS RECORDED : MARCH 26, 1980, RECORDER'S FILE NO. 80-102576 AND 80-102577 AFFECTS : A STRIP OF LAND 102.00 FEET WIDE, BEING THE PROPOSED EXTENSION OF COLLEGE BOULEVARD, AND THE CENTER LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF MIRA COSTA MESA UNIT NO. 5, ACCORDING TO MAP THEREOF NO. 7151 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 29, 1971; THENCE ALONG THE SOUTHERLY LINE OF SAID MAP NO. 7151; NORTH 89 0 18'35" EAST, 31.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 38 °59'00" EAST, 25.26 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 75 0 55'53" A DISTANCE OF 1325.25 FEET; THENCE TANGENT TO SAID CURVE SOUTH 36 0 56'53" WEST, 909.25 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07 0 15'54" A DISTANCE OF 126.80 FEET TO THE MOST EASTERLY CORNER OF PARCEL 1-A OF SAID CERTIFICATE OF COMPLIANCE; THENCE TANGENT TO SAID CURVE SOUTH 29 0 40'59" WEST, 232.85 FEET TO A POINT OF ACCESS TO SAID PARCEL 1-A; THENCE CONTINUING SOUTH 29 0 40'59" WEST, 353.67 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 53 0 54 1 38" A DISTANCE OF 940.92 FEET TO A POINT OF ACCESS TO PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE, SAID EASEMENT TO TERMINATE NORTHERLY IN THE SOUTHERLY LINE OF SAID MAP NO. 7151. ALSO: A STRIP OF LAND 102.00 FEET IN WIDTH, BEING THE PROPOSED EXTENSION OF ELM AVENUE, AND THE CENTER LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF 3AID PARCEL 1-A SAID CERTIFICATE OF COMPLIANCE AS SAID CORNER IS DESCRIBED IN ACCESS EASEMENT ABOVE; THENCE SOUTH 29 0 40'59" WEST, 586.52 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13 0 32'52" A DISTANCE OF 236.45 FEET TO THE CENTER LINE INTERSECTION WITH ELM AVENUE PROPOSED EXTENSION AND BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 73 °51'53" WEST, 155.70 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A AMENDED 1182561 PAGE 7 Qrj_ TICOR TITLWNSURANCE CENTRAL ANGLE OF 35 0 45'19" A DISTANCE OF 606.59 FEET; THENCE TANGENT TO SAID CURVE SOUTH 71 0 22'48 WEST, 825.88 FEET TO THE CENTER LINE INTERSECTION WITH TAMARACK AVENUE PROPOSED EXTENSION AND BEING A POINT OF ACCESS TO SAID PARCEL 1-A OF CERTIFICATE OF COMPLIANCE. SAID EASEMENT TO TERMINATE SOUTHEASTERLY IN THE CENTER LINE OF ACCESS EASEMENT PARCEL A ABOVE. 12. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : FEBRUARY 25, 1980 BY AND BETWEEN : LAKE CALAVERA HILLS ASSOC. AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION REGARDING : PAYMENT OF A PUBLIC FACILITIES FEE RECORDED : MAY 19, 1980, RECORDER'S FILE NO. 80-164050 13. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : TREETOPS UNLIMITED, A JOINT VENTURE, COMPOSED OF FINANCIAL SCENE INCORPORATED, A CALIFORNIA CORPORATION AND PACIFIC SCENE, INC., A CALIFORNIA CORPORATION FOR : INGRESS AND EGRESS RECORDED NOVEMBER 10, 1980, RECORDER'S FILE NO. 80-377476 AFFECTS : AS FOLLOWS: AN EASEMENT AND RIGHT OF WAY FOR ACCESS PURPOSE OVER, ALONG AND ACROSS THOSE PORTIONS OF LOT "D" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING WITHIN A STRIP OF LAND 102.00 FEET WIDE, BEING THE PROPOSED EXTENSION OF COLLEGE BOULEVARD, AND THE CENTER LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF MIRA COSTA MESA UNIT NO. 5, ACCORDING TO MAP THEREOF NO. 7151, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 29, 1971; THENCE ALONG THE SOUTHERLY LINE OF SAID MAP NO. 7151, NORTH 89 0 18'35 EAST 31.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 38 0 59'00" EAST 25.25 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7505585311 A DISTANCE OF 1325.25 FEET; THENCE TANGENT TO SAID CURVE SOUTH 36 0 6'53" WEST 909.25 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7 0 15'54" A DISTANCE OF 126.80 FEET TO THE MOST EASTERLY CORNER OF PARCEL 1-A OF CERTIFICATE OF COMPLIANCE RECORDED JANUARY 22, 1980 AS INSTRUMENT NO. 80-024454; THENCE TANGENT TO SAID CURVE SOUTH 29 0 49'59" WEST 232.85 FEET TO A POINT OF ACCESS TO SAID PARCEL 1 -A; THENCE CONTINUING SOUTH 29 0 40'59" WEST 187.15 FEET TO AN ANGLE POINT IN SAID PARCEL 1-A, BEING THE POINT OF TERMINATION. EXCEPTING THEREFROM ANY PORTION NOT LYING WITHIN THE LANDS OF THE GRANTOR HEREIN. 14. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : COSTA REAL MUNICIPAL WATER DISTRICT AMENDED 1182561 PAGE 8 Qrf- T1COR TITLEóNSURANCE FOR : A PIPELINE OR PIPELINES RECORDED : NOVEMBER 23, 1982, RECORDER'S FILE NO. 82-362089 AFFECTS : AS FOLLOWS: PARCEL I - PERMANENT PIPELINE EASEMENT A 30-FOOT STRIP OF LAND LYING NORTHERLY AND AT RIGHT ANGLES AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE: PARCEL A - PERMANENT PIPELINE EASEMENT BEGINNING AT A POINT ON THE CENTER LINE OF A 30.00-FOOT WIDE EASEMENT, SAID POINT BEING DESCRIBED AS "ENGINEER'S STATION 338 PLUS 64. SAID EASEMENT AS DESCRIBED IN DEED RECORDED JUNE 13, 1979, UNDER FILE NO. 79-243270 IN SAID COUNTY RECORDER'S OFFICE; THENCE LEAVING SAID CENTER LINE ALONG THE WESTERLY TERMINATION LINE OF SAID EASEMENT SOUTH 10 0 30'34" EAST 15.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID EASEMENT AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 79 0 00'01" WEST 62.80 FEET TO THE CENTER LINE INTERSECTION OF COLLEGE BOULEVARD AND ELM AVENUE, SAID INTERSECTION AS SHOWN ON CERTIFICATE OF COMPLIANCE RECORDED JANUARY 22, 1980, UNDER FILE NO. 80-024459 (CASE NO. 422, CITY OF CARLSBAD); THENCE ALONG THE CENTER LINE OF ELM AVENUE PER SAID CERTIFICATE NORTH 73 0 51'53" WEST 155.70 FEET TO THE BEGINNING OF A TANGENT 1.000-FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE ALONG SAID CENTER LINE OF ELM AVENUE THROUGH A CENTRAL ANGLE OF 34 0 45 1 19" AN ARC DISTANCE OF 606.59 FEET; THENCE SOUTH 71 0 22'48" WEST 825.88 FEET TO THE CENTER LINE INTERSECTION OF TAMARACK AVENUE AND ELM AVENUE, SAID INTERSECTION BEING A POINT ON THE EASTERLY BOUNDARY LINE OF PARCEL 1A PER SAID CERTIFICATE OF COMPLIANCE, SAID LINE BEARS NORTH 18 0 37'12" WEST, SAID INTERSECTION POINT AND EASTERLY BOUNDARY LINE BEING THE TERMINATION POINT OF PARCEL "A". PARCEL II - EXCAVATION AND EMBANKMENT SLOPE EASEMENTS TO FACILITATE DRAINAGE CONTROL, ACCESS, AND CONSTRUCTION OF PERMANENT PIPELINES. A 160-FOOT WIDE STRIP OF LAND LYING 60 FEET SOUTHERLY AND 100 FEET NORTHERLY OF THE FOLLOWING DESCRIBED LAND: BEGINNING AT A POINT ON THE CENTER LINE OF A 30.00-FOOT WIDE EASEMENT, SAID POINT BEING DESCRIBED AS "ENGINEER'S STATION 338 PLUS 65". SAID EASEMENT AS DESCRIBED IN DEED RECORDED JUNE 13, 1979, UNDER FILE NO. 79-243270 IN SAID COUNTY RECORDER'S OFFICE; THENCE LEAVING SAID CENTER LINE ALONG THE WESTERLY TERMINATION LINE OF SAID EASEMENT SOUTH 10 0 30'34" EAST 15.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID EASEMENT AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 79 0 00 1 01" WEST 62.80 FEET TO THE CENTER LINE INTERSECTION OF COLLEGE BOULEVARD AND ELM AVENUE, SAID INTERSECTION AS SHOWN ON CERTIFICATE OF COMPLIANCE RECORDED JANUARY 22, 1980, UNDER FILE NO. 30-024459 (CASE NO. 422, CITY OF CARLSBAD); THENCE ALONG THE CENTER LINE OF ELM AVENUE PER SAID CERTIFICATE NORTH 73 0 51'53" WEST 155.70 FEET TO THE BEGINNING OF A TANGENT 1,000-FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE ALONG SAID CENTER LINE OF ELM AVENUE THROUGH A CENTRAL ANGLE OF 34 0 45'19" AN ARC DISTANCE OF 606.59 FEET; THENCE SOUTH 71 0 22'48" WEST 825.88 FEET TO THE CENTER LINE INTERSECTION OF TAMARACK AVENUE AND ELM AVENUE. SAID INTERSECTION BEING A POINT ON THE EASTERLY BOUNDARY LINE OF PARCEL 1A PER SAID CERTIFICATE OF COMPLIANCE, SAID LINE BEARS NORTH 18 0 37'12" WEST. SAID INTERSECTION POINT AND EASTERLY BOUNDARY LINE BEING THE AMENDED 1182561 PAGE 9 j TICOR TITLNSURANCE TERMINATION POINT OF PARCEL "A" 15. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION FOR : GENERAL UTILITY AND ACCESS EASEMENT RECORDED : FEBRUARY 22, 1983, RECORDER'S FILE NO. 83-055520 AFFECTS : ALL THAT PORTION OF LOT "D" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: A STRIP OF LAND 15.00 FEET WIDE LYING 7.50 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT IN THE NORTHEASTERLY BOUNDARY OF LOT 1 OF CARLSBAD TRACT NO. 76-12, MAP NO. 9935 AS FILED IN THE OFFICE OF THE RECORDER OF SAID COUNTY ON DECEMBER 16, 1980. SAID POINT BEING THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN LINE DESIGNATED AS NORTH 60'37'32" WEST 250.22 FEET; THENCE NORTH 79°05'53" EAST 1533.39 FEET TO THE TRUE POINT OF BEGINNING; THENCE, NORTH 65 °46'20" EAST 30.00 FEET TO THE POINT OF TERMINUS. 16. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : OCTOBER 20, 1983 BY AND BETWEEN : CEDRIC E. SANDERS DBA CALAVERA HILLS COMPANY AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION REGARDING : PAYMENT OF A PUBLIC FACILITIES FEE RECORDED : OCTOBER 28, 1983, RECORDER'S FILE NO. 83-391316 NOTES A. THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR RECORDING CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A "PRELIMINARY CHANGE OF OWNERSHIP REPORT." IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WILL NOT CHARGE AN EXTRA FEE IF THE DOCUMENT IS ACCOMPANIED BY AN AFFIDAVIT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. OUR TITLE BILLING WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE. B. ASSEMBLY BILL 512 (CHAPTER 598, STATUTES OF 1989), WHICH ADDED SECTION 12413.1 TO THE INSURANCE CODE OF THE STATE OF CALIFORNIA IS EFFECTIVE JANUARY 1, 1990. EXCEPT FOR FUNDS DEPOSITED BY CASH OR BY ELECTRONIC PAYMENT, THIS LAW PROHIBITS ALL TITLE INSURANCE COMPANIES, CONTROLLED ESCROW COMPANIES AND UNDERWRITTEN TITLE COMPANIES FROM DISBURSING FUNDS FROM AN ESCROW OR SUB-ESCROW ACCOUNT, UNTIL THE DAY THESE FUNDS ARE MADE AVAILABLE TO THE DEPOSITOR PURSUANT TO PART 229 OF TITLE 12 OF THE CODE OF FEDERAL REGULATIONS, (REG. CC ). UNDER REG. CC , ITEMS SUCH AS CASHIER'S, CERTIFIED OR TELLER'S CHECKS MAY BE AVAILABLE FOR DISBURSEMENT ON THE BUSINESS DAY FOLLOWING THE BUSINESS AMENDED 1182561 PAGE 10 Qr,f TICOR TITLINSURANCE DAY OF DEPOSIT; HOWEVER, OTHER FORMS OF DEPOSITS MAY CAUSE EXTENDED DELAYS IN THE CLOSING OF THE ESCROW. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA WILL NOT BE RESPONSIBLE FOR ACCRUALS OF INTEREST RESULTING FROM COMPLIANCE WITH DISBURSEMENT RESTRICTIONS MANDATED BY THIS LAW. AMENDED 1182561 PAGE 11 W TICOR TITLINSURANCE THE LAND REFERRED TO HEREIN IS-SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: CARLSBAD TRACT 83-19 VILLAGE "U", BEING A SUBDIVISION OF A PORTION OF LOT "D" 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 SAN DIEGO COUNTY ON NOVEMBER 16, 1896. 7 AMENDED 1182561 PAGE 12 - QrJ_ TICOR TITLNSURANCE EXHIBIT A Printed Policy Exceptions and Exclusions ALTA RESIDENTIAL POLICY (6-1-87) The Exclusions and the Exceptions of the ALTA Residential Policy that result in no loss to you form recite that you are not insured against loss, costs, attorneys fees, and expenses resulting from: that first affect your title after the Policy Date--this does not limit the labor and material lien coverage in item 8 of Covered Title Exclusions Risks 1 Governmental police power, and the existence or violation of any law or government regulation, This includes building and zoning ordinances and also laws and regulations concerning land use improvements on the land * land division environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2 The right to take the land by condemning it, unless: * a notice of exercising the right appears in the public records on the Policy Date the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3 Title Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date--unless they appeared in the public records 4 Failure to pay value for your title. 5 Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Standard Exceptions (a) Any rights, interests or claims of parties in possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This does not limit the lien coverage in item 8 of the Covered Title Risks. (C) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in item 12 of Covered Title Risks. (d) Any water rights, claims or title to water on or under the land. ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE The Exclusions from Coverage of the ALTA Loan Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i)the occupancy, use, or enjoyment of the land; (ii)the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land Is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3 Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material, or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained If the insured claimant had paid value for the insured mortgage. 4 Urtenforceability 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 1182561 PAGE 13 - (continued on next page) T1COR TlTLNSURANCE- CLTA STAND COVERAGE POLICY-1988 'The Exclusions from Coverage of the CLTA Standard Coverage Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: (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. 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 binr4)ng 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) riot, known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting In loss or damage which would not have been sustained if the insured claimant had paid value for the estate or Interest Insured by this policy. Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009 AMENDED 1182561 PAGE 14 CITY OFCARLSBAD 1200 CARLSBALI ILLAGE DRIVE CARLSBAD, C LIFORNIA 92008 434-2867 REC'D FRO DATE-(/ ACCOUNT NO. DESCRIPTION AMOUNT <A " -PR;i1 RECEIPT NO. %19 NOT VALID UNLESS VALIDATED BY TOTAL Printed on recycled paper. UAbM KUlIIK I CITY OF CARLSBAD 1200 ELM #NUE CARLSBAD, CALIFO41A 92008 438-5621 REC'D FROM / !A't-W o1 19r? /2I C-PRMT 1458K. 00 ACCOUNT NO. DESCRIPTION AMOUNT E 'A O() 10O RECEIPT NO. 98976 TOTAL 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 processing period will start upon the date of the completion letter. Applicant Signatur Staff Signature: Date: To be stapled with receipt to application Copy for file r4o"j .OQity of earisbad DISCLOSURE STATEMENT APPUCANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCAT1ONS 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: 2 List the names and addresses of all persons having a financial Interest In the application. T.TMTTED PARTNER CO-GENERAL PARTNER New England Mutual Life Insurance Co. Audubon Associates, Inc. c/p Copley Real Estate Advisors, Inc. 4490 Von Karman 399 Boylston Street Newport Beach, California 92660 Boston, Massachusett.s 02116 Attention: Richard E. Frankel Attention: General Counsel * See additional sheets attached 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 ai addresses of all individuals owning more than 10% of the shares in the corporation or owning any partners interest in the partnership. 4. 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 beneficia of the trust. N/A (Over) . S Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boar: I Commissions, Committees and Council within the past twelve months? Yes - No j 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 subdMsion, or any other group or combination acting as a unit.' (NOTE: Attach additional pages as necessary.) Signature Owner/date Signature of applicant/date LYON COMMUNITIES, INC., GEORGE HAVIAR Print or type name of owner Print or type name of applicant 0 1. Limited Partner New England Mutual Life Insureance Company c/o Copley Real Estate Advisors, Inc. 399 Boylston Street Boston, Massachusetts 02116 Attention: General Counsel Co-Genera]. Partner Audubon Associates, Inc. 4490 Von Karman Newport Beach, California 92660 Attention: Richard E. Frankel Managing General Partner Lyon Communities Inc. 4490 Von Karinan 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 c/o Lyon Communities Inc. 4490 Von Karman Newport Beach, California 92660 4. Does not apply. 5. No Disclosure Statement Page 2 5. Have you had more that $250 worth of busines transacted with any member of City staff, Commissions Committees and Council within the past twelve months: No. Lyon/Copley Carlsbad Associates, L.P. (Owner and Applicant) By: Lyon Communities Inc., Managing General Partner çm By: u Paul W.'9e ft eri*9 Vice President I .., EXHIBIT A' LEGAL DESCRIPTION. VILLAGE "U" BEING A SUBDIVISION OF A PORTION OF LOT "D" 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 SAN DIEGO COUNTY ON NOVEMBER 16, 1896. REV 3-1-88 7 . . STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) clay time restriction on Planning Commission' processing of Tentative Maps and a thirty (30) day ime limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental impact' Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the 'applicant or his agent. if you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. 'I gnature Date LYON COMMUNITIES, INC., GEORGE RAVIAR Name (Print) OWNER Relationship to Application (Property Owner-Agent) FORM: PLANNING 37. REVISED 3/80 ? / t.s 010(4 41 I WAT Carlsbad Municipal Water District 5950 El Camino Real, Carlsbad, CA 92008 Engineering: (619) 438-3367 Administration: (619) 438-2722 Fax: (619) 431-1601 December 15, 1989 Marybeth Murray Ilunsaker & 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 .Y 0 Page two Marybeth Murray Hunsaker & 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 you F. J1 rrj I.qhitl Y Enginee ng Manag r FJW: sjs Huns0 aker & Associate' Planning • Engineering e Surveying TRANSMITTAL LETTER San Diego, Inc. David Hammar Jack Hill David Davis To Date Project W.O.No. Attn./AJ Tract No. We are forwarding Q By Messenger Q By Mail Your Pick-up No. Copies Description S U TW1 / b- B, , This material is forwarded for 0 Your Files Q Per Your Request - W), Ddn76;1 FG-40.0-1-01 .720" 0 Checking 0 Your Review 0 Other By 10 79Huennekens St., ite 200 • San Diego, CA 92121 '(619) 558-4500 HA 55