Loading...
HomeMy WebLinkAboutCT 90-26; CALAVERA HEIGHTS VILLAGE W,X&Y; Tentative Map (CT)qP 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) 1-1 Master Plan ..°............. General Plan Amendment...... 0 Specific Plan ..•......... 0 Site Development Plan. 0 Precise Development Plan.. El lone Change........... Tentative Tract Map........ Planned Development Permit 0 Non-Residential Planned Development Permit........ 0 Condominium Permit ......... I El Special Use Permit........ El Redevelopment Permit ....... .______ 0 Tentative Parcel Map....... 0 Administrative Variance.... El Conditional Use Permit...... -' Hillside Development Permit. Environmental Impact Assessment. ....... . ....... Variance.................... El Planned Industrial Permit... O Coastal Development Permit.. O Planning Commission Deter... 2) LOCATION OF PROJECT: ON THE I EAST AND WESSIDE OFf PROPOSED COLLEGE BLVD. I (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN [ELM AVENUE 1 AND I CANNON ROAD (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: IVILLAGES W, X, Y BEING A SUBDIVISION OF A PORTION OF I LOTS D, E, AND J. OF THE RANCHO AGUA HEDIONDA ACCORDING TO MAP NO. 823. I 4) ASSESSOR PARCEL NO(S). 168-040-18(POR), 168-050-27, AND 208-101-05 5) LOCAL FACIIITIESf__7 6) EXISTING GEHERALI RL & OS 1' PROPOSED GENERAIfRL_& OS MANAGEMENT ZONE PLAN DESIGNATION I'IAN DESIGNATION 11 8) EXISTING ZONINGI PC j9) PROPOSED ZONING PC 110) GROSS 1 100.5 APPROX.] ACREAGE 11) PROPOSED NUMBER OF " 112) PROPOSED NUMBER _85 13% TYPE OF IRESIDENTI4 RESIDENTIAL UNITS OF LOTS SIBDI VISION (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITSf 0 COMMERCIAL IHDUSTIRAL) 15) PROPOSED INDUSTRIAL N/A 16) PROPOSED COMMERCIAL N/A OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE • - p..&tpq. - -# - I CITY OF CARLSBAD I LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) PROPOSED INCREASE *EXCLUDES PRIVATE OPEN SPACE IN AVERAGE DAILY 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 77 TRAFFIC 770 20) PROJECT NAME: CALAVERA HEIGHTS - VILLAGES W, X, AND Y. 21)BRIEF DESCRIPTION OF PROJECT: I THE PROJECT PROPOSES A 77 UNIT SINGLE FAMILY (SUBDIVISION ON APPROXIMATELY 100.5 ACRES. 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE) LYON/COPLEY CARLSBAD NAME (PRINT OR HUNSAKER MAILING ADDRESS MAILING ADDRESS 4330 LA JOLLA VILLAGE DR. 10179 HUENNEKENS STREET CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE SAN DIEGO, CA 92122 (619) 546-1200 SAN DIEGO, CA 91212 (619) 558-4500 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE- ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT All THE ABOVE TO THE BEST OF MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO SIGNATU E DATE THE BEST OF MY KNOWLEDGE. SIGNATURE DATE JO lo FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED 9-b /1 0 00 -00 TOTAL FEE REQUIRED /3f-/ OtJ JUL25 1990 CITY OF CARLSBAD RECEIVED BY: DATE FEE PAID( 7_5._Q'I RECEIPT NO. f q-79 I AflrLIflfrIfl not I 0 APPLICATION REQUIREMENTS FOR 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. o 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: O A. Name and address of owner whose property is proposed to be subdivided and the name and address of the subdivider; O B. Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps; O C. North point; O D. Scale; vicinity map; O E. Date of preparation; [J F. Classification of lots as to intended residential, commercial, industrial or other uses; F-1 G. Tentative Map number in upper right hand corner (City to provide number at time of application.) O H. Number of units to be constructed when a condominium or community apartment project is involved; 0 I. Name of sewer and water district providing service to the project. F-1 J. Average Daily Traffic generated by the project broken down by separate uses. ARFRM003 4/90 I' II. SITE INFORMATION: A. General o 1) Approximate location of existing and proposed building and permanent structures; o 2) Location of all major vegetation, showing size and type; o 3) Location of railroads; o 4) Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data); F-1 5) Lot lines and approximate dimensions and number of each lot; B. Streets and Utilities o 1) The location, width and proposed names of all streets within and adjacent to the proposed subdivision, show proposed street grades and centerline radii. Provide separate profile for all streets with grades in excess of 7%. Streets should be in conformance with City Standards and Engineering Department Policies. (Especially Policy Numbers 1 and 22) O 2) Name, location and width of existing adjacent streets and o 3) Typical street section for all adjacent streets and streets within the project. o 4) Width and location of all existing or proposed public or private El 5) Public and private streets and utilities clearly identified. O 6) Show distance between all intersections and medium and high use driveways. [J 7) Clearly show parking stall and isle dimensions and truck turning radii for all parking areas. 8) Show access points to adjacent undeveloped lands. o 9) Show all existing and proposed street lights and utilities (sewer, water, major gas and fuel lines, major electric and telephone facilities) within and adjacent to the project. El 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. O 3) Spot elevations at the corners of each pad. O 4) Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 0 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. O 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. O 3. One (1) copy of 8 1/2" X 11" location map (suggested scale 200" - vicinity maps on the site plan are not acceptable). -tJ 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 0 7. Property Owner's List and Addressed Labels NOTE: WHEN THE APPLICATION IS TENTATIVELY SCHEDULED TO BE HEARD BY THE DECISION MAKING BODY, THE PROJECT PLANNER WILL CONTACT THE APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP, TWO SETS OF THE PROPERTY OWNERS LIST, LABELS AND POSTAGE. THE APPLICANT SHALL BE REQUIRED TO SIGN A STATEMENT CERTIFYING THAT THE INFORMATION PROVIDED REPRESENTS THE LATEST EQUALIZED ASSESSMENT ROLLS FROM THE SAN DIEGO COUNTY ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD UNTIL THIS INFORMATION IS RECEIVED. - A typewritten list of the names and addresses of all property owners and occupants within a 600 foot radius of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. - Two (2) separate sets of mailing labels of the property owners and occupants within a 600 foot radius of subject property. For any address other than single family residence, apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. Applicant must submit separate check to cover cost of postage. O 8. 600 Foot Radius Map A map to scale not less than 1" = 200' showing each lot within 600 feet of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. 5? 9. Preliminary Hydrology map and calculations for lots exceeding one acre. Show before and after discharges to each included drainage basin. 0 ...._/tl 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 . 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. o 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 O (3) Internal views (4) Riparian woodlands o (5) Intermittent drainage course El (6) 25 - 40% slopes O (7) Slopes 40% and above O (8) Major rock outcroppings O (9) Easements o (10) Floodplains O (11) Archaeological sites O (12) Special planning areas 0 (13) Biological Habitats ARFRM003 4/90 16. For projects with an average daily traffic (ADo generation rate greater than 500 vehicles per day: Two (2) copies of a Circulation Impact Analysis for the project. The analysis must be prepared by an appropriate registered Engineer. The analysis must show project impacts to all intersections and road segments identified as impacted within the included Local Facilities Management Plan. The following should be included with the study: a) 8 1/2" x 11" or 8 1/2" x 14" plats showing zone impacted roads, background and project AM and PM peak hour impacts and traffic distribution. b) Project traffic generation rates C) Necessary calculations and/or analysis to determine intersection and road segment levels of service. d) Any proposed mitigation requirements to maintain the public facility standards. 17. Two copies of preliminary soils/geologic report for all project with cut or fill depths exceeding 5 feet. 0 18. For all condominium conversions, a signed statement by the owner stating Section 66427.1 of the State Map Act will be complied with. F-1 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. fl 20. For all condominium conversions, one copy of a compliance inspection performed by the Building Department. (Separate fee required.) 0 21. For all condominium and planned development projects, eight (8) copies of preliminary landscape plan (four (4) copies for projects with four or fewer units) on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size. Fifteen (15) copies of the landscape plans shall be submitted by the applicant upon request of the project planner prior to approval of the project. ARFRM003 4/90 I Each landscape plan shall include the following information: a. Landscape zones per the City of Carlsbad Landscape Guidelines Manual. o b. Typical plant species and their size for each planting zone. 0 C. An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. 0 d. Landscape maintenance responsibility (private or common) for all areas. F-1 e. Percent of site used for landscaping. 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: O a. Floor plans with square footage included. 0 b. Location and size of storage areas. 0 C. All buildings, structures, walls and/or fences, signs and exterior lights. 0 23. SUBMIT ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY (SEE EXAMPLE ATTACHED TO ARCHITECTURAL GUIDELINES) ARFRM003 4/90 z. , ORDER NO. 1061929-22 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 JANUARY 29, 1993 THE WILLIAM LYON COMPANY 4490 VON KARMAN AVENUE NEWPORT BEACH, CALIFORNIA ATTN: SHIRLEY O'CONNOR YOUR REF: CALAVERA HILLS AREAS W,X AND Y OUR ORDER NO. 1061929-22 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 HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF JANUARY 26, 1993 AT 7:30 A. IME LEE EGALL/NI31V - TITLE OFFICER DIRECT DIAL P1IONE 231-4664 RECEIVED PAGE 1 fl i 13 93 M cnY ( 'AD 1 M i. pI - ORDER NO. 1061929-22 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: TO BE DETERMINED TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1992-93, A LIEN NOT YET DELINQUENT. 2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 4. SAID LAND LIES WITHIN THE BOUNDARIES OF SPECIAL TAX ASSESSMENT DISTRICT(S) CREATED BY A "COMMUNITY FACILITIES DISTRICT" MAP RECORDED UNDER THE PROVISIONS OF THE MELLO-ROOS ACT (STREETS AND HIGHWAY CODE SECTION 3100, ET SEQ.) OF THE CALIFORNIA STATE LEGISLATURE. PAGE 2 A %i'LJ . I ORDER NO. 1061929-22 NOTE: UPON OFFICIAL FORMATION, POTENTIAL ADDITIONAL TAXES MAY BE AUTHORIZED AND LEVIED BY THE DISTRICT WHICH WILL BE INCORPORATED INTO THE REGULAR PROPERTY TAX BILL AND MADE A PART OF THE GENERAL TAX COLLECTION PROCESS. 5. 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: 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 10'20" EAST 350.00 FEET, SAID POINT BEING THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN THE LEASE FROM W. S. KELLY AND LAVINIA 3. 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 50'22" 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 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 35 0 45 1 40" WEST 576.72 FEET; THENCE SOUTH 48 0 30 1 40" WEST 209.58 FEET; THENCE SOUTH 65 0 21 1 10" 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 0 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 56'30" 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 1101630t 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 PAGE 3 I . ORDER NO. 1061929-22 13 0 01'30" 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 11 WEST 87.25 FEET; THENCE ALONG A CURVE CONCAVE TO THE NORTH, CENTRAL ANGLE 21 0 20' RADIUS 796.40 FEET, A DISTANCE OF 296.53 FEET; THENCE ALONG A CURVE CONCAVE TO THE SOUTH, CENTER LINE 25°30' RADIUS 662.90 FEET A DISTANCE OF 295.03 FEET; THENCE SOUTH 66 0 31 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 0 00' RADIUS 400 FEET, A DISTANCE OF 286.83 FEET; THENCE SOUTH 12 0 31 1 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 01'30" 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 tlEtt AND "1" 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 1 23" WEST BY SOUTH COAST LAND CO. SURVEY- FROM WHICH 4 A 2 INCH IRON PIPE FILLED WITH CONCRETE, BEARS SOUTH 63 0 13 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. 6. 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 AGtJA HEDIONDA, WHICH POINT IS SOUTHEASTERLY A DISTANCE OF 1234.64 FEET FROM CORNER NO. 3 OF SAID LOT "E"; THENCE NORTH 28 0 48 1 24" EAST A DISTANCE OF 8868.32 FEET TO POINT "A"; THENCE NORTH 65 0 47 1 04" EAST TO THE EASTERLY LINE OF RECORD OF SURVEY MAP NO. 9336. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 4 \ I- . S ORDER NO. 1061929-22 7. 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. 8. 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. 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 1 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 89 0 37 1 38" 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. THENCE ALONG SAID SURVEY LINE NORTH 89 0 31 1 27" WEST, 89.92 FEET; THENCE NORTH 86 0 12 1 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 36'55" 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. 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: PAGE 5 . . ORDER NO. 1061929-22 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 0025 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 38'21" WEST 564.57 FEET; THENCE NORTH 67 0 29 1 31" 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 34'54" 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 1 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 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: PAGE 6 1. .:;::'' .. ':.1. .• . • ORDER NO. 1061929-22 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°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 29040591 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 SAID PARCEL 1-A SAID CERTIFICATE OF COMPLIANCE AS SAID CORNER IS DESCRIBED IN ACCESS EASEMENT ABOVE; THENCE SOUTH 29 0 40 1 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 1 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 1 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 PARCEL A ABOVE. PAGE 7 5-ç AlEJ1 C ORDER NO. 1061929-22 12. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED FEBRUARY 25, 1980, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LAKE CALAVERA HILLS ASSOC. AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: MAY 19, 1980 AS FILE NO. 80-164050 OF OFFICIAL RECORDS. 13. 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 59'00" 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 4059 11 WEST, 232.85 FEET TO A POINT OF ACCESS TO SAID PARCEL 1-A; THENCE CONTINUING SOUTH 2904015911 WEST, 187.15 FEET TO AN ANGLE POINT IN SAID PARCEL 1-A, BEING THE POINT OF TERMINATION. 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: PAGE 8 ORDER NO. 1061929-22 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 0 45'19" 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 11 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 1 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. PAGE 9 '•J •; ._ S ORDER NO. 1061929-22 14. AN EASEMENT FOR GENERAL UTILITY, ACCESS EASEMENT AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED FEBRUARY 22, 1983 AS FILE NO. 83-055520 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: 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 0 37 1 32" WEST 250.22 FEET; THENCE NORTH 79 0 05 1 53" EAST 1533.39 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 65 0 46 1 20" EAST 30.00 FEET TO THE POINT OF TERMINUS. 15. 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. 16. 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 10 -ç .1Lp ORDER NO. 1061929-22 17. 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. 18. 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. 19. 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. 20. 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. 21. AN AGREEMENT REGARDING PAYMEI FT OF A PUBLIC FACILITIES FEE, DATED MARCH 13, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: LYON/COPLEY CARLSBAD ASSOCIATES, L.P. AND THE CITY OF CARLSBAD. RECORDED: JULY 27, 1990 AS FILE NO. 90-409613 OF OFFICIAL RECORDS. 22. 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 11 • ORDER NO. 1061929-22 23. 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. 24. 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. 25. 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. 26. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NOS. 10128, 10663, 10860, 10865, 11286, 11477, 11588 AND 11826, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 27. 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. 28. 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 / COP L E Y CARL S BAD ASSOCIATES. PAGE 12 AMLp 'I ._ . ORDER NO. 1061929-22 29. A NOTICE OF SPECIAL TAX LIEN FOR COMMUNITY FACILITIES DISTRICT NO. 1 1 RECORDED MAY 20, 1991 AS FILE NO. 91-0236959 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 30. AN AGREEMENT NOT TO OPPOSE THE FORMATION OF AN ASSESSMENT MAINTENANCE DISTRICT FOR THE CONTINUED MAINTENANCE OF THE BUENA VISTA CREEK CHANNEL CT 83-19, 83-32, EXECUTED BY LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP, RECORDED JUNE 28, 1991 AS FILE NO. 91-0316459 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 31. A HOLD HARMLESS AGREEMENT FOR DRAINAGE EXECUTED BY AND BETWEEN LYON/COPLEY CARLSBAD ASSOCIATES L.P., A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, RECORDED DECEMBER 9, 1991 AS FILE NO. 91-0632758 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 32. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $1,657,997.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED MAY 28, 1992 AS FILE NO. 1992-0324369 OF OFFICIAL RECORDS. DATED: MAY 4, 1992 TRUSTOR: LYON/COPLEY CARLSBAD ASSOCIATES, L.P. TRUSTEE: KENNETH A. HOXSIE BENEFICIARY: NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY AND C/O DEVELOPMENT ASSOCIATES AFFECTS THE PROPERTY HEREIN DESCRIBED WITH OTHER PROPERTY. A PARTIAL RECONVEYANCE EXECUTED BY KENNETH A. HOXSIE, RECORDED JUNE 5, 1992 AS FILE NO. 1992-0351659 OF OFFICIAL RECORDS. SAID PARTIAL RECONVEYANCE RELEASES PARCELS 5 AND 6 OF THE PROPERTY DESCRIBED HEREIN. AN INSTRUMENT DATED JULY 1, 1992, RECORDED AUGUST 31, 1992 AS FILE NO. 1992-0552105 OF OFFICIAL RECORDS, EXECUTED BY LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP ("BORROWER"), AND NE ENGLAND MUTUAL LIFE INSURANCE COMPANY, A MASSACHUSETTS CORPORATION, AND C/O DEVELOPMENT ASSOCIATES, A MASSACHUSETTS GENERAL PARTNERSHIP PURPORTS TO MODIFY THE TERMS OF THE NOTE SECURED BY SAID DEED OF TRUST AS THEREIN PROVIDED. PAGE 13 - MEp 1 . . ORDER NO. 1061929-22 AN INSTRUMENT DATED AUGUST 1, 1992, RECORDED AUGUST 31, 1992 AS FILE NO. 1992-0552106 OF OFFICIAL RECORDS, EXECUTED BY LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP ("BORROWER"), AND NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, A MASSACHUSETTS CORPORATION ("NEL"), AND C/O DEVELOPMENT ASSOCIATES, A MASSACHUSETTS GENERAL PARTNERSHIP PURPORTS TO MODIFY THE TERMS OF THE NOTE SECURED BY SAID DEED OF TRUST AS THEREIN PROVIDED. AN INSTRUMENT DATED DECEMBER 1, 1992, RECORDED DECEMBER 31, 1992 AS FILE NO. 1992-0846012 OF OFFICIAL RECORDS, EXECUTED BY LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP ("BORROWER"), AND NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, A MASSACHUSETTS CORPORATION, AND C/O DEVELOPMENT ASSOCIATES, A MASSACHUSETTS GENERAL PARTNERSHIP PURPORTS TO MODIFY THE TERMS OF THE NOTE SECURED BY SAID DEED OF TRUST AS THEREIN PROVIDED. 33. THE EFFECT, IF ANY, OF PARCEL MAP NO. 13868, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 34. THE TERMS, COVENANTS, AND PROVISIONS OF THE PARTNERSHIP AGREEMENT REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS. 1992-1993 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09013 168-050-27 $29,020.23 PAID $29,020.23 OPEN $4,701,151.00 09013 208-101-05 $1,320.97 PAID $1,320.97 OPEN $222,853.00 $-0- $-0- PAGE 14 ORDER NO. 1061929-22 1992-1993 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09013 168-040-27 $80,668.11 PAID $80,668.11 OPEN $12,066,975.00 $-o- $-o - PAGE 15 - ORDER NO. 1061929-22 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 ALL THAT PORTION OF LOTS "D", "E" AND "J" OF THE RANCHO •AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF THE 493.70 ACRE OF PARCEL OF LAND AS SHOWN ON RECORD OF SURVEY MAP NO. 9336, FILED IN THE OFFICE OF SAID COUNTY RECORDER, BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN THEREON AS NORTH 01 0 57 1 58" EAST, 610.78 FEET; THENCE ALONG THE BOUNDARY OF SAID RECORD OF SURVEY NO. 9336 THE FOLLOWING COURSES: SOUTH 01 0 57'58" WEST, 610.78 FEET; THENCE NORTH 14 0 20 1 05" WEST, 173.76 FEET; THENCE SOUTH 5503814911 WEST, 223.72 FEET; THENCE SOUTH 06°47 1 57" WEST, 453.91 FEET; THENCE SOUTH 232O"39" WEST, 178.18 FEET; THENCE SOUTH 67 0 30'58" WEST, 104.71 FEET; THENCE SOUTH 06°54 1 33" WEST, 213.56 FEET; THENCE SOUTH 35 0 11'39" WEST, 151.59 FEET; THENCE NORTH 72 0 22'13" WEST, 179.56 FEET; THENCE NORTH 59 0 48'28" WEST 130.94 FEET; THENCE NORTH 10 0 25'27" WEST, 66.69 FEET; THENCE NORTH 79 0 42 1 34" WEST, 118.91 FEET; THENCE NORTH 43009117 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 0 32 1 31" WEST, 98.53 FEET; THENCE SOUTH 59 0 25'58" WEST, 133.58 FEET; THENCE SOUTH 1503847tt WEST, 352.73 FEET; THENCE SOUTH 57 0 48 1 41" EAST, 56.66 FEET; THENCE SOUTH 0021'43" WEST, 2,179.75 FEET; THENCE NORTH 89 0 36 1 10" WEST, 265.41 FEET; THENCE SOUTH 01 0 15 1 40" WEST, 150.31 FEET; THENCE SOUTH 09 0 46 1 52" WEST, 112.81 FEET; THENCE SOUTH 20 0 51'39" WEST, 126.01 FEET; THENCE SOUTH 14 0 46'34" 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 0 43 1 11 11 WEST, 159.95 FEET; THENCE SOUTH 21 0 37 1 29" WEST, 190.15 FEET; THENCE SOUTH 13 0 43 1 44 1 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 230121021t WEST, 720.30 FEET; THENCE SOUTH 78 0 12'06" EAST, 319.76 FEET; THENCE SOUTH PAGE 16 MJ j - ORDER NO. 1061929-22 48°43 1 39" EAST, 335.00 FEET; THENCE NORTH 48°46 1 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 1 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 0 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 47'30"; THENCE TANGENT TO SAID CURVE SOUTH, 21 0 12 1 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" WEST, RECORD SOUTH 82 0 59 1 47" WEST, 70.00 FEET; THENCE NORTH 24 0 22'59" WEST, RECORD NORTH 24 0 20'17" WEST, 95.00 FEET; THENCE NORTH 05 0 02'00" WEST, RECORD NORTH 04 0 59 1 18" WEST, 28.72 FEET TO A TANGENT 150 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, 114.94 FEET THROUGH AN ANGLE OF 43 0 54 1 14"; THENCE TANGENT TO SAID CURVE, NORTH 48 0 56 1 14" WEST, RECORD NORTH 48 0 53 1 30" WEST, 22.76 FEET; THENCE NORTH 41 0 03 1 39" EAST, RECORD NORTH 41 0 06 1 30" EAST, 79.00 FEET TO SAID BOUNDARY LINE OF RECORD OF SURVEY NAP 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 MILLIN DEVELOPMENT, INC., RECORDED DECEMBER 29, 1983 AS FILE NO. 83-475914 OF OFFICIAL RECORDS, BEING A POINT ON THE ARC OF A 470 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE OF SAID CURVE BEARS SOUTH 48 0 56 1 10" EAST, (DEED RECORD SOUTH 48 0 53 1 30" EAST), TO SAID POINT; THENCE ALONG THE BOUNDARY LINE OF SAID LAND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, 78.16 FEET THROUGH AN ANGLE OF 09 0 31 1 42" TO A POINT OF COMPOUND CURVATURE WITH A CURVE, HAVING A RADIUS OF 25 FEET; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, 38.64 FEET THROUGH AN ANGLE OF 82 -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 22'59" WEST, 710.52 FEET TO AN ANGLE POINT THEREON; PAGE 17 . I - ORDER NO. 1061929-22 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 1 00" EAST, 380.00 FEET; THENCE SOUTH 03 0 30 1 00" EAST, 190.00 FEET; THENCE SOUTH 310300011 EAST, 360.00 FEET; THENCE SOUTH 15°00 1 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 0 54 1 50" WEST, 350.00 FEET; THENCE SOUTH 17 0 25 1 10" EAST, 430.00 FEET; THENCE SOUTH 24 0 25 1 10" EAST, 490.00 FEET; THENCE SOUTH 10 0 43 1 01" EAST, 257.35 FEET; THENCE SOUTH 24 0 25'lO" EAST, 430.00 FEET; THENCE SOUTH 48 0 05 1 12" EAST, 200.00 FEET; THENCE SOUTH 24°25 1 10" EAST, 300.00 FEET; THENCE NORTH 59 0 09 1 50" EAST 587.00 FEET; THENCE NORTH 43 0 26 1 16" EAST, 339.00 FEET; THENCE SOUTH 79 0 57 1 54" EAST, 71.22 FEET TO A POINT ON THE ARC OF A 1,000 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LINE OF SAID CURVE BEARS SOUTH 75 0 1740 11 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 3301932fl; THENCE TANGENT TO SAID CURVE NORTH 18°37 1 12" WEST, 583.42 FEET TO AN ANGLE POINT; THENCE LEAVING SAID BOUNDARY NORTH 18 0 37'12" 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 0 02 1 11 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°01 1 32" EAST, 507.85 FEET TO A POINT IN SAID BOUNDARY DISTANT THEREON SOUTH 80 0 35'00" EAST, 92.15 FEET FROM AN ANGLE POINT THEREON; THENCE ALONG SAID BOUNDARY AS FOLLOWS: NORTH 80 0 35 1 00" WEST, 92.15 FEET; THENCE NORTH 21 0 05 1 00" WEST, 444.98 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE CLOCKWISE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 129 0 05 1 00 11 , A DISTANCE OF 112.65 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 72000100 EAST, 88.57 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE COUNTERCLOCKWISE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 79 0 57 1 49 11 , 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 0 15 1 10 11 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 19'07" EAST, 1,113.53 FEET; THENCE NORTH 89 0 19'35" EAST, 2,580.31 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF LOT D DESCRIBED AS FOLLOWS: PAGE 18 -ç AMLi - I . . ORDER NO. 1061929-22 BEGINNING AT A POINT ON THE CENTER LINE INTERSECTION OF ELM AVENUE AND COLLEGE BOULEVARD, SAID POINT BEING A POINT ON CURVE OF COLLEGE BOULEVARD AND HAVING A RADIUS OF 1,000 FEET, CONCAVE EASTERLY, WITH A RADIAL LINE THAT BEARS NORTH 73 0 51'53" WEST; THENCE IN A NORTHEASTERLY DIRECTION ALONG THE CENTER LINE OF SAID CURVE AND COLLEGE BOULEVARD, THROUGH A CENTRAL ANGLE OF 3°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 70011I45 EAST, 51.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF COLLEGE BOULEVARD AND TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THAT CERTAIN 30 FOOT WIDE SAN DIEGO COUNTY WATER AUTHORITY EASEMENT RECORDED ON JUNE 13, 1979 AS FILE NO. 79-243270 OF OFFICIAL RECORDS AND QUITCLAIMED TO COSTA REAL MUNICIPAL WATER DISTRICT ON JULY 19, 1982 AS FILE NO. 82- 220671 OF OFFICIAL RECORDS. SAID NORTHERLY EASEMENT LINE BEARS SOUTH 79 0 29'26" WEST, SAID POINT OF INTERSECTION ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID RIGHT OF WAY LINE OF COLLEGE BOULEVARD IN A NORTHEASTERLY DIRECTION ALONG A 949 FOOT RADIUS CURVE, CONCAVE EASTERLY, THROUGH A CENTRAL ANGLE OF 7°50 1 55 1', 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 MAP NO. 823; THENCE NORTH 13027 1351t WEST, 1,079.76 FEET; THENCE NORTH 76°32 1 25" EAST, 541.71 FEET TO THE WESTERLY CORNER OF LAND DESCRIBED IN DEED TO THE CARLSBAD MUNICIPAL WATER DISTRICT RECORDED JANUARY 9, 1967 AS FILE NO. 2637 OF OFFICIAL RECORDS; THENCE SOUTH 72 0 06 1 54" EAST, 145.14 FEET TO THE SOUTHERLY CORNER OF SAID CARLSBAD MUNICIPAL WATER DISTRICT LAND, BEING A POINT ON A 122.50 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 12 0 10 1 00" EAST, AND BEING ALSO THE TRUE POINT OF BEGINNING; THENCE SOUTHWESTERLY ALONG SAID CURVE, A CENTRAL ANGLE OF 05 0 54 1 43 11 , AN ARC DISTANCE OF 12.64 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 83 0 44 1 43" WEST, 63.67 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 74 0 20'09", AN ARC DISTANCE OF 25.95 FEET TO THE BEGINNING OF A REVERSE 130.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 18 0 49 1 5111 , AN ARC DISTANCE OF 42.73 FEET TO THE BEGINNING OF A REVERSE 122.50 FOOT RADIUS CURVE; THENCE CLOCKWISE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 298°35 1 00" AN ARC DISTANCE OF 638.38 TO THE TRUE POINT OF BEGINNING, AS CONVEYED TO PAGE 19 - . ORDER NO. 1061929-22 COSTA REAL MUNICIPAL WATER DISTRICT BY DEED RECORDED MAY 18, 1984 AS FILE NO. 84-186998 OF OFFICIAL RECORDS. ALSO EXCEPTING THAT PORTION OF LOT J DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF CARLSBAD TRACT NO. 81- 47 IN SAID CITY AND STATE ACCORDING TO MAP THEREOF NO. 10565, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 17, 1983; THENCE SOUTH 69 0 28 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°28 1 42" WEST, 30.02 FEET TO THE WESTERLY LINE OF GLASGOW DRIVE; THENCE ALONG THE EASTERLY LINE OF AN EASEMENT FOR PUBLIC ROADWAY PURPOSES PER DOCUMENT RECORDED FEBRUARY 26, 1986 AS FILE NO. 86- 075424 OF OFFICIAL RECORDS, NORTH 18°37 1 12" WEST, 460.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 71°22 1 46" WEST, 130.00 FEET; THENCE NORTH 18037112 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°00 1 00", 39.27 FEET; THENCE ALONG THE WESTERLY LINE OF SAID EASEMENT FOR PUBLIC ROADWAY PURPOSES PER DOCUMENT RECORDED FEBRUARY 26, 1986 AS FILE NO. 86-075424 OF OFFICIAL RECORDS SOUTH 18 0 37 1 12" EAST, 125.00 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THAT PORTION OF LOT J DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF CARLSBAD TRACT NO. 81- 47 IN SAID CITY AND STATE, ACCORDING TO MAP THEREOF NO. 10565, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 17, 1983; THENCE SOUTH 69 0 28 1 42" WEST, 754.99 FEET (RECORD 754.89 FEET PER NAP 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 0 28 1 42" WEST, 623.26 FEET TO A POINT ON THE EASTERLY LINE OF AN EASEMENT FOR PUBLIC ROADWAY PURPOSES PER DOCUMENT RECORDED JULY 24, 1985 AS FILE NO. 85- 263533 OF OFFICIAL RECORDS, SAID POINT BEING ON A CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 1,042.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 85 0 33 1 46" EAST, THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE OF TAMARACK AVENUE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 23 0 03 1 26 11 , 419.33 FEET; THENCE NORTH '18 0 37 1 12 11 PAGE 20 (.i.j . . ORDER NO. 1061929-22 WEST, 197.62 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90 0 00'00 11 , 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 710224811 EAST, 384.68 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 18°37 1 12" EAST, 150.00 FEET; THENCE NORTH 71 0 22'48" 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 0 37'12" EAST, 460.04 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THOSE PORTIONS OF LOTS "D" AND IJt 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 59'19", A DISTANCE OF 606.59 FEET; THENCE SOUTH 71 0 22 1 48" WEST, 825.88 FEET; THENCE AT RIGHT ANGLES NORTH 18 0 37 1 12" WEST, A DISTANCE OF 688.69 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°04'39 11 , A DISTANCE OF 78.95 FEET; THENCE LEAVING SAID CURVE ALONG A NON-TANGENT LINE NORTH 79 0 14'50" EAST, 611.50 FEET; THENCE SOUTH 87°15 1 10" EAST, 77.00 FEET; THENCE NORTH 04 0 01 1 32" EAST, A DISTANCE OF 507.85 FEET TO THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 9336; THENCE SOUTH 80 0 35 1 00" EAST, ALONG SAID BOUNDARY, A DISTANCE OF 1,147.85 FEET AND SOUTH 59 0 02 1 50" EAST, 373.81 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN ALL OF PARCEL 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. ALSO EXCEPTING THEREFROM ALL OF CARLSBAD TRACT NO. 83-32, CALAVERA HILLS VILLAGE Q, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE PAGE 21 L, o • ORDER NO. 1061929-22 OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12950, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16, 1992. ALSO EXCEPTING THEREFROM ALL OF CARLSBAD TRACT NO. 83-19, CALAVERA HILLS VILLAGE T, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12951, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16, 1992. PAGE 22 :TlCOR TITLE INSURANCE TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 925 "B" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081 FEBRUARY 5, 1990 WILLAM LYON CO. ATTN: GEORGE HAVIAR 4330 LA JOLLA VILLAGE, SUITE 130 LA JOLLA, CA 92122 YOUR REFERENCE: CALAVERA HILLS VILLAGE W, X, Y OUR ORDER NO. : 1182560 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 30, 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 1182560 PAGE 1 / fi( irru TITI Ac itiri irml A I# U •U U U I I 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 : OCE t4NSIDE MUTUAL. WATER COMPANY,A CORPORATION FOR : PIPE LINE PURPOSES RECORDED : JULY 11, 1930, DOCUMENT NO. 33022 IN BOOK 1796, PAGE 142 OF DEEDS AFFECTS 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: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOT hlLu WHENCE THE NORTHEAST CORNER OF SAID LOT "L" BEARS SOUTH 89 0 44' EAST 1323.42 FEET; THENCE NORTH 0 0 10'20" 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 50'22" WEST 406.35 FEET; THENCE SOUTH 48 0 25'39" WEST 400 FEET; THENCE SOUTH 46 °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 I ABOVE DESCRIBED-; THENCE -ALONG SAID SOUTHWESTERLY LINE NORTH 58 0 19'20" WEST 119.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 35 0 45'40" WEST 576.72 FEET; THENCE SOUTH 48 0 30'40" WEST 209.58 FEET; THENCE SOUTH 65 0 21'10" WEST 142.42 FEET; THENCE SOUTH 42 0 51' WEST 83.11 FEET; THENCE SOUTH 200211 WEST 20 FEET; THENCE SOUTH 10 0 21' WEST 67.68 FEET; THENCE SOUTH 24 0 21' WEST 91.05 FEET; THENCE SOUTH 8 0 36' WEST 222.14 FEET; THENCE SOUTH 11°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 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 56'30" RADIUS 500 FEET A DISTANCE OF 174.03 FEET; THENCE ALONG A CURVE CONCAVE EASTERLY CENTRAL ANGLE )8 0 30' RADIUS 539.49 FEET, A DISTANCE OF 174.20 FEET; THENCE SOUTH 5 0 16'30" 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 11016?30h1 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 130011301 WEST 757.46 FEET; THENCE ALONG A CURVE CONCAVE TO THE WEST 1182560 PAGE 2 fItf'I'!!1 r111 iff Ik1!I i r-s A oL iri U I U I 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 70041130h1 WEST 87.25 FEET; THENCE ALONG A CURVE CONCAVE TO THE NORTH, CENTRAL ANGLE 21 0 20' RADIUS 796.40 FEET, A DISTANCE OF 296.53 FEET; THENCE ALONG A CURVE CONCAVE TO THE SOUTH, CENTER LINE 25°30' RADIUS 662.90 FEET A DISTANCE OF 295.03 FEET THENCE SOUTH 6631'30" 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 31'30" WEST 287.80 FEET; THENCE ALONG A CURVE CONCAVE TO THE EAST, CENTRAL ANGLE EQUALS 41 0 00' RADIUS 400 FEET, A DISTANCE OF 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 31'30" 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°01'30" WEST 80.83 FEET; THENCE ALONG A CURVE CONCAVE TO THE SOUTHEAST CENTRAL ANGLE 23 0 00' RADIUS 400 FEET, 160.57 FEET; THENCE ALONG A CURVE CONCAVE TO THE NORTHWEST, CENTRAL ANGLE 15 0 00' RADIUS 567.33 FEET A DISTANCE OF 148.53 FEET; THENCE SOUTH 54 0 01'30" 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 LOT "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 13'23" WEST BY SOUTH COAST LAND CO. SURVEY-FROM WHICH A 2 INCH IRON PIPE FILLED WITH CONCRETE, BEARS SOUTH 63 0 13'23" EAST 65.32 FEET. 4. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY FOR : LINES OF POLES OR STEEL TOWERS RECORDED : JUNE 1, 1953, DOCUMENT NO. 74511 IN BOOK 4874, PAGE 143 OF OFFICIAL RECORDS AFFECTS : 150 FEET IN WIDTH, MEASURED 110 FEET NORTHWESTERLY AND 40 FEET SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF LOT "E' OF SAID RANCHO AGUA HEDIONDA, WHICH POINT IS SOUTHEASTERLY A DISTANCE OF 1234.64 FEET FROM CORNER NO. 3 OF SAID LOT "E"; THENCE NORTH 28 0 48'24" EAST A DISTANCE OF 8868.32 FEET TO POINT "A"; THENCE NORTH 65°47'04". EAST TO THE EASTERLY LINE OF RECORD OF SURVEY MAP NO. 9336. 5. 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 1182560 PAGE 3 • IL .I I monk A& ft a ow am :i .1 ii I.0 II'4UNMP4L AND FOR VALUE. SAID MATTER AFFECTS: THAT PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN THE FOLLOWING: PORTION OF LOT "D 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 0 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 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 43'28" 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 "J" 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 NORTH 20 0 56'47" EAST, 126.00 FEET AND NORTH 9°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 "Lt'; 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 1332'02" 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 °09'10" EAST, 191.00 FEET); THENCE SOUTH 81 0 26'28" EAST, 97.10 FEET (RECORD SOUTH 1182560 PAGE 4 Il Uk UI I A IL I Om ow amp • •Jri ii. IIur1MIL.c 81 0 59'20" EAST, 97.10 FEET); THENCE SOUTH 43 °06'58" 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 8001185011 EAST, 119.10 FEET); THENCE SOUTH 1002410811 EAST, 66.52 FEET (RECORD SOUTH 10057! EAST, 66.52 FEET); THENCE SOUTH 59°47'08" EAST, 131.15 FEET (RECORD SOUTH 60020! EAST, 131.15 FEET); THENCE SOUTH 7201780811 EAST, 179.60 FEET (RECORD SOUTH 72 °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 0 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 3752" EAST, 178.04 FEET (RECORD NORTH 23 0 05' EAST, 178.00 FEET); THENCE NORTH 605515211 EAST, 454.10 FEET (RECORD NORTH 6 °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°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 2002h11 EAST ALONG SAID CENTER LINE, 610.79 FEET TO THE TRUE POINT OF BEGINNING. 6. 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 "E" 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 fiJI. SAID POINT OF BEGINNING BEING A POINT ON THE NORTHERLY LINE OF SAID LOT "E"; THENCE SOUTH 89 0 22'33" 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 14 0 44'02" WEST, 159.68 FEET; THENCE SOUTH 2104114211 WEST 190.34 FEET THENCE SOUTH 13 0 46'12" WEST, 781.82 FEET; THENCE NORTH 89 0 22 1 33 11 WEST, 3848.48 FEET; THENCE NORTH 0 0 37127" EAST, 1093.81 FEET TO A POINT IN THE NORTHERLY LINE OF SAID LOT "E" THENCE SOUTH 89 0 22'33" EAST ALONG SAID NORTHERLY LINE OF SAID LOT "E", A DISTANCE OF 1791.41 FEET TO THE 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 , A PUBLIC CORPORATION 1182560 PAGE 5 iffill TIrr1r 1lTI iviri l A kI1t ' '' ' . ' . 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 37'38" WEST AND NORTH 01 0 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 89 0 37'38" WEST, RECORD 355.58 FEET; THENCE SOUTH 000591 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°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 64°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. 8. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO COUNTY WATER AUTHORITY FOR : PIPES AND PIPELINES RECORDED : dULY 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 0002512311 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. j. THENCE ALONG SAID URVEY LINE NORTH 89 °30' WEST 15.00 FEET; THENCE NORTH 04 0 20'50" WEST 437.06 FEET; THENCE NORTH 4003812111 WEST 564.57 FEET; THENCE NORTH 67029131 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 56059b04h1 WEST 212.79 FEET; THENCE NORTH 0134I54H WEST 264.64 FEET; THENCE NORTH 61018154u WEST 398.84 FEET; THENCE NORTH 72029l28fl WEST 148.90 FEET; THENCE SOUTH 79 0 29'26" 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 0 00'20 WEST, 2,847.57 FEET FROM THE TRUE POINT OF BEGINNING. 9. 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 10. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING 1182560 PAGE 6 -'j TICOR TITLE INSURANCE 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 "0" 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°18'35" 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 75 0 55'53" A DISTANCE OF 1325.25 FEET; THENCE TANGENT TO SAID CURVE SOUTH 360615311 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. 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 CALAVERAS HILLS ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP FOR : PRIVATE STREET/ROAD, INGRESS AND EGRESS RECORDED : JULY 27, 1981, RECORDER'S FILE NO. 81-236324 AFFECTS : 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: 1182560 PAGE 7 j TICOR TITLE INSURANCE 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 890181351I EAST, 31.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 38 0 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 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°40'59" 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. PARCEL 3: il 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 I DESCRIBED ABOVE; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND AS FOLLOWS: NORTH 73 °51'53" 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 0 45'19" A DISTANCE OF 606.59 FEET; AND TANGENT THERETO SOUTH 71 0 22'48" WEST 825.88 TO POINT "A" BEING THE POINT OF TERMINATION. PARCEL 4: AN EASEMENT AND RIGHT OF WAY FOR ACCESS PURPOSE OVER ALL THAT PORTION OF LOTS U 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 42'20" 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 00'00" 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 47'30" A DISTANCE OF 275.62 FEET; JHENCE TANGENT THERETO, SOUTH 21 0 12'30" WEST 344.15 FEET TO POINT OF TERMINATION. 12. 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 1182560 PAGE 8 lI IlI I A i ijri iii 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 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. 1182560 PAGE 9 I lI reee I IL 10— 1 l A k I ILJI1 III LV= I11UI1MIU..0 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 W, X, Y, BEING A SUBDIVISION OF A PORTION OF LOTS "D", "E" AND "d" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, 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 ON NOVEMBER 16, 1896. 1182560 PAGE 10 TICOR TITLE INSURANCE H 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 tis, 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 (l)the occupancy, use, or enjoyment of the land: (ii)the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation In ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2 Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3 Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed In writing to the Company by the insured claimant prior to the date the Insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material, or to the extent insurance is afforded herein as to assessments for street Improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the insured mortgage. 4 Unenforceability of the lien of the inured mortgage because oll 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. 1182560 PAGE 11 (continued on next page) feAd TIf1f TITI A= lMcl If! A kIa . ii u u u u ii CLTA STANDARD COVERAGE POLICY-1988 d 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 viol?tlon 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 toss 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. 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. S. 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 erec*ec on the land; (Ili) a separation In ownership or a chang6 '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; - (ci) 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 1182560 PAGE 12 CITY OF CARLSBAD 1200 CARLSBAD ILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 434-2867 REC'D FROM Qf1kid a-teS L ° DATE /0-3-91 ACCOUNT NO. DESCRIPTION AMOUNT CZ o-ac, C-PRT 000 RECEIPT NO. 49909 NOT VALID UNLESS VALIDATED BY TOTAL ® Noted on recycled paper. CASH REGISTER (LAd QUALITY ORIGINAL (S) Z / (9 CITY OF CARLSBAD 1200 CARLSBA ILLAGE DRIVE cARLSBAD111FORNIA 92008 438-5621 REC'D FROM _Ly DATE LP Le 0 ACCOUNT NO. DESCRIPTION AMOUNT /-,w f \/ 2401- 45/i'3 000101 02 RECEIPT NO. 1198 TOTAL' Printed on recycled paper. CITY OF CARLSBAD 1200 ELM NUE CARLSBAD, CALIFO A 92008 438-5621 REC'D FROM IsJ 'I (12 X2 r2 1 DE'9O Otøi / C—FJ1T 13O84.00 ( ACCOUNT NO. DESCRIPTION AMOUNT In (— () / - - ________ 01 T Iq /1)2 /3 RECEIPT NO. 98979 TOTAL ) I ,'L 2 9-33 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,4he date of the completion letter. Applicant Signature Staff Signature: Date: - 7-'_2 5 To be stapled with receipt to application Copy for file STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on, Planning Commission processing of Tentative Maps and a thirty (30) day 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 und,erslgned 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 I Y, AOZ /4og~_ Signature Date LYON COMMUNITIES, INC., GEORGE HAVIAR OWNER Name (Print) Relationship to Application (Property Owner-Agent) FORM: PLANNING 37. REVISED 3/80 OA()A 0 S Carlsbad Municipal Water District 5950 El Camino Peal, Carlsbad, CA 92008 EngIneering: (619) 438-3367 Admlnlsftallon: (619) 438-2722 Fax: (619) 431-1601 December 15, 1989 Marybeth Murray Ilunsaker & Associates San Diego, Inc. 10179 !iuennekens Street, Suite 200 San Diego, California 92121 Subj Water Availability for Calavera heights Villages R, II, L-2, K, U, W, X and Y Dear Marybetht 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. IN S 0 Page two Marybeth Murray llunsaker & Associates December 15, 1989 5. The developer must address, resolve and/or construct the reclaimed water system. We ask tht 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 r yous, F. Enginee kng Manag r FJWt sjs 4-S -rm4 ~r SOUTHERN CALIFORNIA SOIL AND TESTING, INC. 6280 RIVERDALE ST. SAN DIEGO, CALIF. 92120 • TELE 280-4321 • P.O. BOX 20627 SAN DIEGO, CALIF. 92120 678 ENTERPRISE ST. ESCONDIDO, CALIF. 82025 • T E L E 746-4544 May 24, 1990 Lyon Comnunities, Incorporated 4330 La Jolla Village Drive, Suite 130 San Diego, California 92122 SCS&T 9021049 Report No. 2 SUBJECT: Building Setback, Calavera Heights Villages W-X--Y, Tamarack and College Boulevard, Carlsbad, California. REFERENCE: "Interim Report of Geotechnical Investigation, Calavera Heights Villages W-X-Y, Tamarack and College Boulevard, Carlsbad, California;" Southern California Soil and Testing, Inc.; May 15, 1990. Gentlemen: In accordance with a request from Hunsaker and Associates San Diego Incorporated, v have prepared this letter to present our opinion regarding the proposed sideyard structural setbacks at the subject project. It is our understanding that the structures will be located five feet from the property line and the distance between the drainage swales and the buildings will be three feet. In our opinion the proposed three foot distance beten the swales and the buildings is adequate from a geotechnical standpoint, provided proper drainage away from the structures and the top of slopes is achieved. Such determination is beyond the scope of our services. If you have any questions regarding this letter, please do not hesitate to contact our office. Respectfully/UbTflitted, / TJIRN CALUORNI?,OII.-&.. TSTING, INC NO. 36037 :;.LR(i ( ) p EXP. 6.30-92 1* DBA.: K1R: n cc: (3) Submitted (3) Hunsaker and Associates San Diego Inc. (1) SCS&T, Escondido SOUTHERN CALIFORNIA SOIL AND TESTING, INC.