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Home My WebLink AboutCT 91-02; EAGLE CANYON; Tentative Map (CT)GTY OF CARLSSD LAND USE REVIEW APpucçno 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT USE ONLY) FOR PAGE 1 OF 2 (FOR DEPT USE OL' Master Plan ci specific Plan Fj Precise Development Plan ( Tentative Tract Map 0 Planned Development Permit Non-Residential Planned Development Condominium Permit KJC Special Use Permit Redevelopment Permit O Tentative Parcel Map 0 Administrative Variance C)t1 c//o/ 0 General Plan Amendment O Local Coastal Plan Amendment O Site Development Plan Zone Change O Conditional Use Permit X Hillside Development Permit []X Environmental impact Assessment Variance O Planned Industrial Permit (JX Coastal Development Permit O Planning Commission Determination O List any other applications not speciflced 1 2) LOCATION OF PROJECT: ON THE I EAST SIDE OF EL CAMINO REAL (NORTH. SOUTH EAST, WEST) (NAME OF STREET) BETWEEN (CAMINO HILLS D1.AND I RANCHO CARLSBAD I (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: THAT PORTION OF LOT F OF RANCHO AQUA HEDTON1)A ACCORDING TO MAP THEREOF NO-823 FILED NOVEMBER 16, 1896 4) ASSESSOR PARCEL NO(S). APN 212-050-40 1 5) LOCAL FACILITIES L 24 6) EXISTING GENERAL PLAN Jpj 7) PROPOSED GENERAL PLAN MANAGEMENT ZONE DESIGNATION DESIGNATION 8) EXISTING ZONING I L—C 1 9) PROPOSED ZONING [R_175b SITE 14. 11) PROPOSED NUMBER OF 12) PROPOSED NUMBER 13) TYPE OF SUBDIVISION I RESIDENTIAL UNITS 29 OF LOTS 29 RESIhF.IsJT1IAL (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS 15) PROPOSED INDUSTRIAL 0 (16 PROPOSED COMMERCIAL 1 0 1 OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE NOTE. A PR)PO) POJEC REQUIRiNG THAT JIU.IIPL* APMCAIIONS BE MW &T BE =MnW PRIOR TO 33O P.M. A PROPOSE) PROJECT REQtiJNG 7HA OWX OW MPUCAflON 09 PUM LgJST BE SUShUnED pJQ Ø 40 PAL FRM000I6 8/90 21) I CITY OF CARLSBAE LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE F43% 1 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 29 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC I 290 1 20) PROJECT NAME: I EAGLE CANYON 1 22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISStONERSPESIGN REVIEW BOARD MEMBE .OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE P I/WE CONSENT TO ENTRY FOR THIS PURPOSE _ 23) OWNER 24) APPLICANT NAME (PRINT OR TYPE) NAME (PRINT OR TYPE) CAMtIGROrnD ETTILT) THE CAMINO GROUP MAILING ADDRESS MAILING ADDRESS - 1558-A Summit Avenue 1558-A Summit Avenue CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Cardiff, CA 92007 619 436-267 Cardiff, CA 92007 619/ 436-2637 I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE LEGAL OWNERs REPRESENTATIVE AND AND THAT ALL THE ABOVE INFORMATION THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE IS TRUE AND CORRECT TO THE BEST OF BEST OF MY KNOWLEDGE. MY KNOWLEDGE. ATE SIGMA YRF ATE FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED 7?.i_ L-"it-wth1.4 'LetA) FEB 19199) I- O Fee's M-r rn ITY OF CARLSBAD 14&0 91-oz 7C X61 DA S I4 U&/rf 2(), 00 R.E,çEIVEDBY: TOTAL FEE REQUIRED I 4 00 I DATE FEE PD I 2- 1 RECEIPT NO. z9,5--1 TICOR TITL40 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 21, 1990 FAIRCHILD & FAIRCHILD ATTN: MR. FAIRCHILD 1558-A SUMMIT CARDIFF, CA 92007 YOUR REFERENCE: CARLSBAD TRACT OUR ORDER NO. : 1182578 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 FEBRUARY 12, 1990 TITLE OFFICER: TOM VOTEL TEL 619 544-6234 KEN CYR TEL 619 544-6236 VESTEE: YOUNG MEN'S CHRISTIAN ASSOCIATION OF SAN DIEGO AND SAN DIEGO COUNTY 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 DUE AND PAYABLE THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE 1182578 PAGE 1 QC0 TICOR TIT14 INSURANCE TAXATION CODE OF THE STATE OF CALIFORNIA. 2. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY FOR : POLES, WIRES AND ANCHORS RECORDED : OCTOBER 20, 1948, DOCUMENT NO. 104244 IN BOOK 2988, PAGE 337 OF OFFICIAL RECORDS AFFECTS : BEGINNING AT A POINT IN ABOVE PROPERTY, WHICH POINTS BEARS NORTH 0006! WEST 320.69 FEET; THENCE SOUTH 83 0 54' EAST 86.53 FEET; THENCE SOUTH 2°36' EAST 900.0 FEET; FROM CORNER NO. 1 OF SAID LOT "F"; THENCE FROM SAID POINT OF BEGINNING, NORTH 2 0 36' WEST TO THE NORTHERLY LINE OF THE ABOVE DESCRIBED PROPERTY. 3. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : MARCH 5, 1954 BY AND BETWEEN : W.D. CANNON, A SINGLE MAN, PAUL ECKE, MAGDALENA ECKE AND IRWIN KELLY AND DOROTHY KELLY, HUSBAND AND WIFE AND LAVINIA I. KELLY REGARDING : A PIPE LINE OVER AND ACROSS A PORTION OF THE HEREIN DESCRIBED PROPERTY RECORDED MARCH 20, 1956, DOCUMENT NO. 38199 IN BOOK 6024, PAGE 418 OF OFFICIAL RECORDS. 4. AN EASEMENT FOR WATERLINE PURPOSES LYING WITHIN 30 FEET ON EITHER SIDE OF THAT CERTAIN WATERLINE PRESENTLY INSTALLED, AS SET FORTH IN THE FINAL JUDGMENT IN PARTITION ISSUED OUT OF SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO, A CERTIFIED COPY OF WHICH RECORDED MAY 24, 1965, RECORDER'S FILE NO. 52516. SAID DEED DOES NOT CONTAIN THE LOCATION OF SAID EASEMENT. 5. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CARLSBAD MUNICIPAL WATER DISTRICT FOR : AN UNDERGROUND WATER PIPELINE OR PIPELINES RECORDED : NOVEMBER 27, 1968, RECORDER'S FILE NO. 208029 AFFECTS : A STRIP OF LAND 20 FEET IN WIDTH, THE CENTER LINE OF SAID EASEMENT OF RIGHT OF WAY IN THE AFORESAID LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT 11 OF LOT "B" OF RANCHO AGUA HEDIONDA AS SHOWN ON SAID MAP 823, THENCE SOUTH 29 0 12'18" EAST 251.98 FEET; THENCE SOUTH 54 0 11'18" EAST (RECORD SOUTH 54 0 44' EAST) 132.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 42 0 23'32" WEST 1608.13 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 600.00 FEET; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25 0 45'50" AN ARC DISTANCE OF 269.80 FEET; THENCE TANGENT TO SAID CURVE SOUTH 16 0 37'42" WEST 444.72 FEET. AND RE-RECORDED: NOVEMBER 29, 1968, RECORDER'S FILE NO. 209776 6. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES 1182578 PAGE 2 j TICOR TlTtfp INSURANCE STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : BARBARA J. HIGDON FOR : INGRESS AND EGRESS FOR ROAD PURPOSES RECORDED : DECEMBER 31, 1969, RECORDER'S FILE NO. 236218 AFFECTS : ASTRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN LOT "F" OF RANCHO AGUA HEDIONDA, IN THE 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, THE NORTHEASTERLY EASTERLY AND SOUTHEASTERLY LINES OF SAID 20.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT 1 OF SAID LOT "F" AS SHOWN ON SAID MAP; THENCE SOUTH 25 0 01'05" EAST (RECORD SOUTH 24 0 45' EAST) A DISTANCE OF 229.00 FEET TO A POINT WHICH POINT IS DESIGNATED ON SAID MAP AS POINT 23 OF LOT "F", AND WHICH POINT IS THE MOST NORTHERLY CORNER OF LAND CONVEYED BY CHARLES KELLY TO ELMER CARPENTER BY DEED RECORDED JUNE 1, 1937 IN BOOK 622, PAGE 755 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE SOUTH 54 0 10'03" EAST (RECORD SOUTH 53 0 52' EAST) 807.00 FEET TO A POINT WHICH IS THE MOST EASTERLY CORNER OF THE LAND SO CONVEYED TO CARPENTER; THENCE CONTINUING ALONG THE EXTERIOR BOUNDARY OF SAID LOT "F", SOUTH 54 0 10'08" EAST 540.00 FEET TO A POINT; THENCE LEAVING SAID LOT "F" BOUNDARY LINE AT A RIGHT ANGLE, SOUTH 35 0 49'52" WEST 2257.74 FEET TO THE BOUNDARY OF LAND DESCRIBED UNDER PARCEL 1 IN FINAL JUDGMENT IN PARTITION RECORDED MARCH 24, 1965 AS INSTRUMENT NO. 52516 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY OF PARCEL 1, NORTH 52 0 32'21" WEST 1214.69 FEET TO A POINT; THENCE NORTH 16 0 38'52" EAST 386.15 FEET TO A POINT, WHICH POINT IS THE BEGINNING OF A TANGENT ARC, CONCAVE SOUTHEASTERLY, AND HAVING A RADIUS OF 600.00 FEET; THENCE NORTHEASTERLY ALONG THE CURVE OF SAID ARC 269.80 FEET TO A POINT; THENCE NORTH 42 0 2442" EAST 938.75 FEET TO A POINT ON THE SOUTHWESTERLY BOUNDARY OF THE AFOREMENTIONED CARPENTER LAND, BEING POINT "X" OF THIS DESCRIPTION; THENCE CONTINUING NORTH 42 0 2442" EAST 648.81 FEET TO THE SOUTHERLY LINE OF ROAD SURVEY NO. 1800-1 AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED OCTOBER 29, 1969 AS FILE NO. 198734 OF OFFICIAL RECORDS OF SAID COUNTY. 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 : COUNTY OF SAN DIEGO FOR : RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND/OR EMBANKMENT SLOPES RECORDED : JANUARY 14, 1970, RECORDER'S FILE NO. 7225 AFFECTS : AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN CURVE IN THE CENTER LINE HEREINBEFORE DESCRIBED IN PARCEL 68452-A HAVING A RADIUS OF 3500 FEET, A CENTRAL ANGLE OF 10°5540" AND A LENGTH OF 667.54 FEET, SAID SOUTHEASTERLY TERMINUS BEING ENGINEER'S STATION 407 PLUS 57.25 B.C. OF ROAD SURVEY 1800-1 A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE NORTHEASTERLY ALONG SAID CURVE AND SAID CENTER LINE THE FOLLOWING DISTANCES TO DESIGNATED POINTS: 192.75 FEET TO POINT "A"; 200 FEET TO POINT "B"; 50 FEET TO POINT "C"; 150 FEET TO POINT "D"; 50 FEET TO POINT "E"; 150 1182578 PAGE 3 TICOR TITLj INSURANCE-. -- FEET TO POINT "F"; 100 FEET TO POINT "G"; 350 FEET TO POINT 'H"; 400 FEET TO POINT "I"; 700 FEET TO POINT "U" 400 FEET TO POINT "K"; 500 FEET TO POINT "La'; 50 FEET TO POINT "M"; THENCE CONTINUING NORTHWESTERLY 350 FEET TO ENGINEER'S STATION 444 PLUS 00 OF SAID ROAD SURVEY 1800-1; THENCE SOUTHWESTERLY RADIAL TO SAID CENTER LINE A DISTANCE OF 80 FEET; THENCE IN A GENERAL SOUTHEASTERLY DIRECTION TO AND ALONG STRAIGHT LINES THAT CONNECT A SERIES OF POINTS BEARING SOUTHWESTERLY FROM THE HEREINBEFORE DESIGNATED POINTS MEASURED AT RIGHT ANGLES OR RADIALLY FROM SAID CENTER LINE AND BEING THE FOLLOWING DISTANCES, RESPECTIVELY, FROM SAID DESIGNATED POINTS: 80 FEET FROM POINT "M"; 60 FEET FROM POINT 'L";'60 FEET FROM POINT "K"; 55 FEET FROM POINT "U"; 55 FEET FROM POINT "I"; 55 FEET FROM POINT "H"; 55 FEET FROM POINT "G"; 65 FEET FROM POINT "F"; 65 FEET FROM POINT "El'; 85 FEET FROM POINT "D"; 90 FEET FROM POINT "C"; 115 FEET FROM POINT "B"; 60 FEET FROM POINT "A"; THENCE CONTINUING SOUTHEASTERLY TO A POINT THAT BEARS 57 FEET SOUTHWESTERLY FROM THE POINT OF BEGINNING MEASURED RADIALLY FROM SAID CENTER LINE; THENCE NORTHEASTERLY TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION THEREOF LYING WITHIN SAID PARCELS 68452—A AND 68452—B. 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 : ROBERT E. HICKS AND INIS HICKS, HUSBAND AND WIFE; ALLEN ASSOCIATES, A LIMITED PARTNERSHIP; JAMES A. DYE AND MARILYN DYE, HUSBAND AND WIFE; AND BARBARA JEAN HIGDON FOR : INGRESS AND EGRESS FOR ROAD PURPOSES AND PUBLIC UTILITIES RECORDED : SEPTEMBER 17, 1971, RECORDER'S FILE NO. 211501 AFFECTS : A STRIP OF LAND 40.00 FEET IN WIDTH LYING WITHIN LOT "F" 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, THE CENTER LINE OF SAID 40.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT 1 OF SAID LOT "F" AS SHOWN ON SAID MAP; THENCE SOUTH 25 0 01'05" EAST (RECORD SOUTH 24 0 45' EAST) A DISTANCE OF 229.00 FEET TO A POINT WHICH POINT IS DESIGNATED ON SAID MAP AS POINT 23 OF LOT "F", THIS POINT BEING THE TRUE POINT OF BEGINNING, AND WHICH POINT IS THE MOST NORTHERLY CORNER OF LANDS CONVEYED BY CHARLES KELLY TO ELMER CARPENTER BY DEED RECORDED JUNE 1, 1937 IN BOOK 622, PAGE 755 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THE SAID CARPENTER LAND BEING NOW KNOWN AS ROBERT E. HICK'S PROPERTY; THENCE ALONG THE WESTERLY AND NORTHWESTERLY BOUNDARY OF SAID CARPENTER (HICKS) LAND AS FOLLOWS: SOUTH 11 0 51'12" WEST 315.60 FEET TO AN ANGLE POINT; AND SOUTH 42 0 55'37" WEST 374.50 FEET TO THE MOST WESTERLY CORNER OF SAID LAND. EXCEPTING THAT PORTION LYING NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF ROAD SURVEY NO. 1800-1 AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED OCTOBER 29, 1969 AS FILE NO. 198734 OF OFFICIAL 1182578 PAGE 4 j TICOR TITLe INSURANCE RECORDS OF SAID COUNTY. THENCE SOUTH 5401008 EAST A DISTANCE OF 2.14 FEET ALONG THE SOUTHERN BOUNDARY OF THE HICK'S PROPERTY TO THE CENTER LINE OF THE WATER LINE EASEMENT PREVIOUSLY GRANTED TO THE CARLSBAD MUNICIPAL WATER DISTRICT AND KNOWN AS LINE "D" OF THE C.M.W.D.; THENCE SOUTH 42°38'52" WEST, (ON AND ALONG THE NORTHEASTERLY BOUNDARY OF THE ALLEN PARCEL NO. 1) DESCRIBED IN "EXHIBIT A" OF SAID DOCUMENT NO. 236220 (AND ON AND ALONG THE CENTER LINE OF SAID LINE "D" OF THE C.M.W.D.) A DISTANCE OF 938.72 FEET TO THE BEGINNING OF A TANGENT ARC, CONCAVE SOUTHEASTERLY, AND HAVING A RADIUS OF 600 FEET, THENCE SOUTHWESTERLY ALONG THE CURVE OF SAID ARC 269.80 FEET TO A POINT; THENCE SOUTH 16°38'52" WEST 386.15 FEET TO THE SOUTHWESTERLY CORNER OF THE DYE PROPERTY DESCRIBED IN AFOREMENTIONED DOCUMENT NO. 236219; THENCE SOUTH 52 0 32'21" EAST (ON AND ALONG THE SOUTHWESTERLY BOUNDARY OF SAID DYE PROPERTY AND CONTINUING ON THE SAME BEARING ALONG THE SOUTHWESTERLY BOUNDARY OF THE HIGOON PROPERTY AND THE SOUTHWESTERLY BOUNDRY OF THE ALLEN PORTION 2 DESCRIBED IN EXHIBIT "A" OF AFOREMENTIONED DOCUMENT NO. 236200) A TOTAL DISTANCE ON THIS BEARING OF 1214.69 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID ALLEN PORTION 2, WHICH IS THE MOST SOUTHERLY TERMINUS OF THIS EASEMENT. 9. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR : UNDERGROUND FACILITIES, CONSISTING OF CONDUITS, MANHOLES, HANDHOLES AND JUNCTION BOXES WITH WIRES AND CABLES PLACED THREIN AND ABOVEGROUND STRUCTURES RECORDED : JULY 29, 1975, RECORDER'S FILE NO. 75-197553 AFFECTS : A STRIP OF LAND 8.00 FEET IN WIDTH, BEING 4.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT CORNER NO. 19 IN LOT "I" OF SAID RANCHO AGUA HEDIONDA, AS SHOWN AND DELINEATED ON RECORD OF SURVEY 6200, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID CORNER BEARS SOUTH 82 0 2856" EAST FROM CORNER NO. 1 OF SAID LOT "I"; THENCE LEAVING SAID CORNER NO. 19 NORTH 5 0 00'36" WEST 1151.55 FEET; THENCE SOUTH 67 0 18'13" EAST, 1319.29 FEET; THENCE SOUTH 66 0 36'57" EAST, 360.00 FEET; THENCE SOUTH 65 0 11'13" EAST, 388.00 FEET; THENCE SOUTH 41 0 04'31" WEST, 212.23 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING NORTH 45 0 30'26" EAST, 248.75 FEET. ALSO: BEGINNING AT SAID TRUE POINT OF BEGINNING; THENCE NORTH 64 0 41'35" WEST. 11.00 FEET. 10. EASEMENTS AND RIGHTS OF WAY FOR ROAD AND PUBLIC UTILITIES, AND APPURTENANCES THERETO, AS RESERVED AND CONVEYED BY VARIOUS DEEDS OF RECORD AFFECTS : EASEMENT PARCEL 3 11. SUCH RIGHTS OR EASEMENTS AFFECTING A PORTION OF SAID LAND HEREIN STATED, FOR PUBLIC ROAD AND INCIDENTAL PURPOSES, AS PROVIDED IN AN IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE RECORDED : OCTOBER 10, 1984, RECORDER'S FILE NO. 84-384022 1182578 PAGE 5 j TICOR TITLÔ INSURANCE • AFFECTS : A 60.00 FOOT WIDE STRIP OF LAND, THE SIDELINES OF SAID STRIP LYING 30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING ATJHEMOST EASTERLY CORNER OF PARCEL I OF PARCEL MAP NO. 2481, RECORDED MARCH 21, 1974, IN SAID RECORDER'S OFFICE; THENCE ALONG THE NORTHEASTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID PARCEL 1, 45.02 FEET TO THE CENTER LINE OF EL CAMINO REAL, R.S. 1800-1, AS SHOWN ON SAID PARCEL MAP NO. 2481; THENCE ALONG SAID CENTER LINE NORTH 52031h17H WEST, 680.96 FEET TO B.C. 407 PLUS 57.25 AT THE BEGINNING OF A TANGENT 3500.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00 0 10'25" A DISTANCE OF 10.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTER LINE OF R.S. 1800-1 SOUTH 37 0 28'43" WEST, 572.74 FEET TO THE BEGINNING OF A TANGENT 1000.0 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04 0 57'06" A DISTANCE OF 86.42 FEET TO A POINT OF TANGENCY IN THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF THAT LAND DESCRIBED IN DEED TO IVAR, N.V. , A NETHERLANDS ANTILLES CORPORATION, RECORDED DECEMBER 28, 1979, AS FILE/PAGE NO. 79-540030 IN SAID RECORDER'S OFFICE; THENCE ALONG SAID NORTHERLY LINE AND THE EASTERLY PROLONGATION THEREOF SOUTH 42 0 25'49" WEST, 970.90 FEET TO A POINT OF TANGENCY IN AN ARC OF THAT 600.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, IN THE CENTER LINE OF SLIPPERY HILL LANE, AS SAID CENTER LINE IS SHOWN ON PARCEL MAP NO. 8403, RECORDED FEBRUARY 8, 1979, IN SAID RECORDER'S OFFICE; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2000213011 A DISTANCE OF 209.88 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL MAP NO. 8403; THENCE CONTINUING ALONG SAID CURVE AND THE NORTHWESTERLY LINE OF SAID PARCEL MAP NO. 8403 THROUGH A CENTRAL ANGLE OF 05 0 44'35" A DISTANCE OF 60.14 FEET TO A POINT OF TERMINUS. SAID INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE. 12. A COPY OF A RESOLUTION AUTHORIZING THIS TRANSACTION MUST BE FURNISHED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE BY THIS COMPANY. 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 1182578 PAGE 6 r TICOR TITLI= INSURANCE 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. C. TAX FIGURES FOR CODE AREA PARCEL NO. LAND FIRST INSTALLMENT SECOND INSTALLMENT 1989-90 09162 212-050-40 $163,779.00 $134.79, PAID $134.79, OPEN 1182578 PAGE 7 Qej- TICOR TIT14 INSURANCE THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF LOT F OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, IN THE 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, DESCRIBED AS FOLLOWS: COMMENCING AT POINT 23 ON THE BOUNDARY OF LOT F, AS SHOWN ON SAID MAP BEING THE NORTHERLY CORNER OF LANDS GRANTED BY CHARLES KELLY AND WIFE TO ELMER U. CARPENTER BY DEED RECORDED JUNE 1, 1937, IN BOOK 662, PAGE 755 OF DEES, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE SOUTH 11°55'07" WEST 14.42 FEET ALONG THE NORTHWESTERLY BOUNDARY OF SAID CARPENTER LANDS TO THE SOUTHWESTERLY LINE OF EL CAMINO REAL, AS SHOWN ON ROAD SURVEY 1800-1, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JANUARY 14, 1970, AS DOCUMENT NO. 7225 OF OFFICIAL RECORDS OF SAID COUNTY, BEING A POINT ON A CURVE IN SAID SOUTHWESTERLY LINE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 3455.00 FEET, A RADIAL LINE FROM SAID POINT BEARS SOUTH 35 0 35'22" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9 0 02'31 11 , A DISTANCE OF 545.24 FEET TO A TANGENT LINE IN SAID SOUTHWESTERLY LINE OF EL CAMINO REAL; THENCE NORTH 63 °27'09" WEST 472.26 FEET TO THE BEGINNING OF A TANGENT CURVE IN SAID SOUTHWESTERLY LINE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 14,955.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0029h19u, A DISTANCE OF 127.53 FEET TO STATION 420 PLUS 25 AS SHOWN ON SAID ROAD SURVEY 1800-1; THENCE LEAVING SAID SOUTHWESTERLY LINE SOUTH 28 0 53'52" WEST 178.31 FEET; THENCE SOUTH 56 0 13'05" EAST 1236.00 FEET TO AN ANGLE POINT IN THE NORTHWESTERLY LINE OF SAID CARPENTER LANDS; THENCE NORTH 11 0 55'07" EAST 301.18 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT F 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, DESCRIBED AS FOLLOWS: COMMENCING AT POINT 23 ON THE BOUNDARY OF LOT F, AS SHOWN ON SAID MAP, BEING THE NORTHERLY CORNER OF LANDS GRANTED BY CHARLES KELLY AND WIFE TO ELMER U. CARPENTER BY DEED RECORDED JUNE 1, 1937 IN BOOK 662, PAGE 755 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE SOUTH 11°55'07 WEST 14.42 FEET ALONG THE NORTHWESTERLY BOUNDARY OF SAID CARPENTER LANDS TO THE SOUTHWESTERLY LINE OF EL CAMINO REAL, AS SHOWN ON ROAD SURVEY 1800-1, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JANUARY 14, 1970 AS DOCUMENT NO. 7225 OF OFFICIAL RECORDS OF SAID COUNTY, BEING 4 POINT ON A CURVE IN SAID SOUTHWESTERLY LINE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 3455.00 FEET, A RADIAL LINE FROM SAID POINT BEARS SOUTH 35 0 35'22" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9 0 02'31", A DISTANCE OF 545.24 FEET TO A TANGENT LINE IN SAID SOUTHWESTERLY LINE OF EL CAMINO REAL; THENCE 1182578 PAGE 8 Qej- TICOR TITLINSURANcE NORTH 63 0 27'09" WEST 472.26 FEET TO THE BEGINNING OF A TANGENT CURVE IN SAID SOUTHWESTERLY LINE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 14,955.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 002911911, A DISTANCE OF 127.53 FEET TO STATION 420 PLUS 25 AS SHOWN ON SAID ROAD SURVEY 1800-1; THENCE LEAVING SAID SOUTHWESTERLY LINE SOUTH 28 0 53'52" WEST 178.31 FEET, BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 17 0 24'23" EAST 278.57 FEET; THENCE SOUTH 29 0 42'33" EAST 399.26 FEET; THENCE SOUTH 5403614411 EAST 601.95 FEET MORE OR LESS TO THE MOST WESTERLY CORNER OF SAID LAND TO CARPENTER; THENCE NORTH 42059/3211 EAST 374.50 FEET TO AN ANGLE POINT IN SAID LAND TO CARPENTER; THENCE NORTH 56013/051 WEST 1236.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD PURPOSES OVER, ALONG AND ACROSS A STRIP OF LAND 40.00 FEET IN WIDTH LYING WITHIN LOT "F" 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, THE CENTER LINE OF SAID 40.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT POINT 1 OF SAID LOT "F" AS SHOWN ON SAID MAP; THENCE SOUTH 25001b05h1 EAST (RECORD SOUTH 24 0 45' EAST) A DISTANCE OF 229.00 FEET TO A POINT WHICH POINT IS DESIGNATED ON SAID MAP AS POINT 23 OF LOT "F", THIS POINT BEING THE TRUE POINT OF BEGINNING, AND WHICH POINT IS THE MOST NORTHERLY CORNER OF LANDS CONVEYED BY CHARLES KELLY TO ELMER CARPENTER BY DEED RECORDED JUNE 1, 1937 IN BOOK 622, PAGE 755 OF DEEDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; THE SAID CARPENTER LAND BEING NOW KNOWN AS ROBERT E. HICK'S PROPERTY; THENCE ALONG THE WESTERLY AND NORTHWESTERLY BOUNDARY OF SAID CARPENTER (HICKS) LAND AS FOLLOWS: SOUTH 11 0 51'12" WEST 315.60 FEET TO AN ANGLE POINT; AND SOUTH 42 0 55'37" WEST 374.50 FEET TO THE MOST WESTERLY CORNER OF SAID LAND. EXCEPTING THAT PORTIONLYING NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF ROAD SURVEY NO. 1800-1 AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED OCTOBER 29, 1969 AS FILE NO. 198734 OF OFFICIAL RECORDS OF SAID COUNTY. 1182578 PAGE 9 j TICOR TlTLINSURANCE--. 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 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. that are known to you, but not to us. on the Policy Date--unless (d) Any water rights, claims or title to water on or under the land. they appeared in the public records 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 Compar will not pay loss or damage. costs. attorneys' fees or expenses which arise by reason of: (a) Any law. ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating. prohibiting or relating to (i)the occupancy, use, or enjoyment of the land: (ii)the character, dimensions or location of any improvement now or hereafter erected on the land: (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part: or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3 Defects, liens, encumbrances, adverse claims or other matters: (a) created. suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (C) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material, or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage Which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4 Uneriforceabllity of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5 Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law, 6 Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 1182578 PAGE 10 (continued on next page) j TICOR TITLS INSURANCE CLTA STANDARD COVERAGE POLICY-1988 xclusions from Coverage of the CLTA Standard Coverage Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs. attorneys fees or expenses which arise by reason of: 1 (a) Any law ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating. prohibiting or relating to (I) the occupancy, use, or enjoyment of the land: (ii) the character dimensions Or location of any improvement now or hereafter erected on the land. (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part: or (iv) environmental protection. or the effect of any violation of these laws. ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. fbi Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking Which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3 Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy but created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company. not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy: or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness. to comply with the applicable doing business laws of the state in Which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage. or claim thereof. which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Schedule B of the CLTA Standard Coverage Policy form recites that this policy does not insure against loss or damage (and the Company Will not pay costs. attorneys fees or expenses) which arise by reason of Part I 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments. or notices of such proceedings. whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but Which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof 3. Easements. liens or encumbrances. or claims thereof. which are not shown by the public records. 4. Discrepancies. conflicts in boundary lines, shortage in area. encroachments. or any other facts Which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims: (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof' (c) water rights, claims or title to water. whether or not the matters excepted under (a).(b) or (c) are shown by the public records 6. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 7 The effect of any failure to comply with the terms. covenants and conditions of the lease or leases described or referred to in Schedule A. ALTA OWNER'S POLICY (10.21-87) The Exclusions from Coverage of the ALTA Owners Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs. attorneys' fees or expenses Which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land: (ii) the character. dimensions or location of any improvement now or hereafter erected on the land: (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection. or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which Would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances. adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Pplicy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the data the insured claimant became an insured under this policy: (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy: or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009 1182578 PAGE 11 VL ACITYOFCARLSBAD ILLAGE DRIVE CARLSBAD, 434-2867 fkLIFORNIA 92008 REC'DFROM _ 1L DATE '15' ACCOUNT NO. DESCRIPTION AMOUNT - I u uM)i W 112 RECEIPT NO. j fl NOT VALID UNLESS VALIDATED BY TOTAL o ® Printed on recycled paper. CASH REGISTER .C1TYOF CARLSBAD 1200 CARLSBAD LAGE DRIVE CARLSBAD, C ORNIA 92008 438-5621 REC'D FROM ()1 L)Q (cuLf DATE ACCOUNT NO. DESCRIPTION AMOUNT 3216O6/27,'9 ccioi C-PRMT RECEIPT NO. 3964 TOTAL / (. CITY OF CARLSBAD OIL ioq 3 1200 CARLSBAD VILLAGE DRIVE cARLSBAD, AUFORNIA 92008 438-5621 REC'D FRO 0909 291 0 ( 400O ACCOUNT NO. DESCRIPTION AMOUNT RECEIPT NO. 295 TOTAL PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this appljcaion complete. Wh,en the application is complete, the processing period will ,tart up9n the daye/of the,completion letter. Applicant Signature: Staff Signature: L z Date: 2 To be stapled with receipt to application Copy for file r~ Citv of Carl DISCLOSURE STATEMENT W07 APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE, (Please Print) The following information must be disclosed: Applicant List the names and addresses of all persons having a financial interest in the application. Thc (minr flrnhlp, 21 (1if.. Tnvcfmnts. Inc. a Calif. General partnership composed Corporation as to a 30% of: William H. Fairchild interest. and _Jenay_ Fairchild _H/W_as to a 50% mt., Old Salt Co., A Nevada Corp., as to a 20% 2. OwnteSt and Cordero List the names and addresses of all persons having any ownership interest in the property involved. William and Jenay Fairchild Cordero Investments Inc. 1558-A Summit Avenue 5050 Avenida Encinas Cardiff, CA 92007 Suite 160 Old Salt Co., Inc. Carlsbad, CA 92008-4371 140 Lomas Sante Fe Drive, Ste.103 Solana Beach, CA 92075 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Old Salt Co:, A Nevada Corp: Cordero Investments, Inc. Allen Cook Jim W. Anderson, Pres. Thatcher Threlkeld JamesB. McInnis, Sr., Vice Pres. Lynn Lawrence, Vice Pres/Sec. Manley Bland, Jr., Vice Pres. 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. FRM00013 8/90 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 A 0 . (Over) Disclosure Statrflent . Page 2 5. Have you had more than $250 Worth of business transacted with any member of City staff, Boards • CommiSSlotiS, Committees and Council Within the past twelve months? Yes No If yet, please indicate person(s)___________________________________________________ Potion it déflnid * Any individual, firm, copartnership, joint venture. neociatlon, social club, fraternal org*nizatlon, corporation, estate. trust. receiver, iyndicit6, thiS And Any othir county, city And county, city municipality, district or other political Subdivision, or any other group or combination *Ctind ii A unit. (NOTE: Attach additional pages as necessary.) oe /4_#1d 7 urS of Owner/ to THE CAMINO iniip Print or type name of owner Signature of applicant/date- THE CAMINMO GROUP Print or type name of applicant 1M00013 8/90 STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. Date Name (Print) ReIatnship to Application (Property Owner-Agent) FORM: PLANNING 37. REVISED 3/80 S S Carlsbad Unified School District 801 Pine Avenue, Carlsbad, California 92008-2439 (619) 729-9291 FAX# (619) 729-9685 "All Students Can Learn' BOARD OF TRUSTEES JAMES McCORMICK President JULIANNE L. NYGAARD Vice President JOE ANGEL Clerk J. EDWARD SWITZER, JR. Member DONALD M. JOHNSON Member DISTRICT ADMINISTRATION THOMAS K. BRIERLEY, Ed.D. Superintendent SUSAN.HARIJMI BENTLEY, ECLD. Assistant Superintendent Instructional Services JOHN H. BLAIR Assistant Superintendent Business Services GERALD C. TARMAN Assistant Superintendent Personnel Services CHERYL ERNST Director Elementary Education DEWAYNE L. FEASEL Manager Facilities/Maintenance/ Operations April 9, 1990 City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Ref: Jack Henthorne & Associates 29 single family dwellings - Eagle Canyon El Camino Real between Rancho Carlsbad and Camino Hills Gentlemen: Our District has reviewed the proposed project located at the above-referenced location and has evaluated the impact of the development of 29 single family dwellings on the facilities of the District. The Governing Board wishes to advise the City officials and residents of Carlsbad that, as residential units are added to the community, it is likely that many classes in the District will become crowded, resulting in possible impairment to the educational and transportation services offered to the students. It is also probable that the students generated from this project may not attend the closest neighborhood school due to over-crowded conditions, and, in fact, may attend school across town. However, the District is physical facilities will for this development as it Sincerely, /7 TAsis tanit lair Superintendent Services njg able to assure you that school be available concurrent with need is presently proposed. C: Georgiana Kirby, CUSD Jack Henthorne & Assoc. Distinguished School Board Award 1984, United States Department of Education SS _V____11 "\- Corlsbod cr7 Mundpa Water Dri.,-..st ' 5950 El Camino Real Carlsbad CA 92008 WAr' Engineering: (619) 438-3367 Administration: (619) 438-2722 Fax: (619) 431-1601 March 15, 1990 City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, California 92008 Subject: Eagle Canyon (Y.M.C.A.) - MWD Project No. 90-503 To Whom It May Concern: In response to a transmittal letter from O'Day Consultants dated March 2, 1990 requesting the District provide a letter stating 1) the pro- jects water flows can be handled by the existing water facilities and 2) the proposed connections to the existing water lines are conceptually acceptable to the District. (Per preliminary tentative map), the District has reviewed the subject project and have the following comments/recommendations: 1. The Water District will require the developers engineer to prepare a water analysis on the subject project. The water system layout as shown on the tentative map will create a problem, the problem being tying to- gether two different pressure zones. 2. Regarding the flow demands, the developers engineer should meet with the Fire Marshal and establish all fire flow demand requirements. He should also establish all domestic and irrigational demands. 3. Afterwhich, he should contact the Water District and schedule a meeting to establish an acceptable water system layout that agrees with the water system master plan. If you have any questions, please do not hesitate in contacting the undersigned. Very truly yours, bf F. L4-fitle Engineering Manager FJW: jan cc: Michael Crehan, O'Day Consultants Serving Carlsbad for over 35 years' I RECORDiNG REQUESTED BY AND ) WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue ) Carlsbad 3 California 92008 Space above this line for Recorder's use 2 Parcel No. 12-050-40 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered Into this day of/ë,Y-'-/ , 1990 ',t, by and betweenY.M.C.A. OF SAN DIEG0:te-. (Name of Developer-Owner) a CORPORATION hereinafter referred to as 'Developer (Corporation3 Partnership, etc.) whose address Is 7510 CLAREMONT MESA BLVD., SAN DIEGO, CA., 92111 (Street) (City, State, Zip Code) and the CITY OF CARLSBAD, a municipal corporation of the State of California 3 her1nafter referred to as "City"; whose address is 1200 Elm Avenue; Carlsbad, californIa, 92008. WITNESSETII: WHEREAS3 Developer is the owner of the real property described on Exhibit "A", attached hereto and made a part of this agreement, hereinafter referéd to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows REV 3-1-88 S S A 29 Unit R-1 7500 Subdivision oh said Própty 5 Which development tat+les the proposed name of EAGLE CANYON and it hereinafter referred as "Development"; and WHEREAS, Developer flied on thd day ofFebruary 19 90 with the City a request for Tentative Tract Map, Special Use Permit, Hillside - Development Permit, Environmental Impact Assessment, Coastal Development Permit. hereinafter referred to as "Request"; and WHEREAS the Public Facilities Element of the City General Plan requ1re. that the city Council find that all public facilities necessary to serve a development will be available concurrent with need or such development thali not be approved (said element Is on. file with the city Clerk and js ihcorporated by this reference); and :wuERAs + Developer and City recognize the correctness of Council Policy Ho O f dated July 28, 1987 5 on file with the City clerk and Incorporated by this t#feir6hc#j and that the city* public fac11lti5 and services, are. at capacity and will not be available to accommodate the additional need fot' public 1ac1lIties and services resultihq from the proposed Develbpmofltt and 'WHEREAS, be,eloper has asked thA City to find that public tácllItIeS and set'VltH'wlll be available td Mot the future heeds of the Development as it It presently proposed but the Developer Is aware that the city tannot and will not be able to Make any such flndlnq without financial asslstahte to pay for such.servies and facilitlest and therefore Developer proposes to help satisfy the General Plan as implemented by Couhcil Policy 1o. 11 by payment of a public facilities fees REV i-1-8 . • S S NOV 1HREFORE, in consideration of the recitals and the covenants contained herein, the parties agree at follows: L The Developer shall pay to the City a public facilities f ee in an amount not to exceed 3.5% of tho building permit valuation of the building or *€ructures to be constructed In the Development pursuant to the Request. The 1a shall be paid prior to the Issuance of building or other construction perMits for the development and shall be based on the valuation at that time, This fee shall be In addition to any fees, dedications or Improvements requli-d pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. bevelopet- shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 1.5% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Cháptr 21.41 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other coti5ttiiction permit" and entitlement of Use" as used in this agreement, except In reference to mobile home sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the Uto of occupancy tot Which the development Is intofi8@dL beveloper shall pay thA City a public radlitles fee In the sum of 0 1 10 for each mobile home 'space to"be constructed pursuant to the requests The fee shall be paid prior to the 1sSu&hcC of building or other construction permits for the developinent this foothill be In addition to any f'ees dedications or Improvements reu1red according to titles 18, 20, or1 of the Carlsbad Municipal code. REV i-1-8 'S S 2, The Developer may offer to donate a site or sites for public facifitiot In lieu of all or part Of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities; the City shall consider; but Is hot obligated to accpt the off'er, the time for donation and amount of credit against the fee shall be determined by.' City prior to the issuance of Any building or, other permits. Such dotoWhAtio"i when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements reqtiilr'ed pursuant to titlet- 19 titles- 19 o1' 20 of the Carlsbad Municipal Codes this agreement and the fee paid pursuant hereto are required to eftsui'e the consistency of the Development With the City's Genel-al Plan. If the fee is not paid as provided herein 3 the City will hot have the funds to provide publit tacilitles and services 3 and the development will hot be consiStent with the General Plan and any approval or pel'mit for the Development shall be voids No building or ether construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4 city agrees to deposit the fees. paid pursuant to this agreement in 4 public facilities fund for the flnahcinq of public facilities When the city Council determines the need exlstg to provide the facilities and suffldettt funds front the payment of this and similar public facilities fees are available. S city agrees to provide upoft request reasonable assurances to enable Developer to comply with any requirements of other public agehcies as evidence of acIquate public facilities and set-vice sufficient to accommodate the needs to the Development herein described REV i-1-8 4 0 S 6. All obligations hereunder shall terminate in the event the Requests made by DevelopePs are not approved 1. Any notice from one party to the other shall be in Writing and shall be dated and Signed by the party giving such notice or by a duly authorized presentative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners 1.1 If notice is given to the City by personal delivery thereof to the City o' by depositing same in the United States Mail'; addressed to the city At the address tet forth heroin ; encloSed in a sealed envelope 3. addressed to the City attention of the city Manager 3 postage prepaid and certified. 1.2 If notice given to beveloper by personal delivery thereof to Developer or by depositing the same In the United States Mail; enclosed in A. sealed envelope 3 addressed to Developer at the address as may have bean designated, postage prepaid and certlfled4 •. this agreement shall be blhdlhq upon and shall ensure to the betieit of j and shall apply to the respective successors and astight'of Developer and the City 3 and references to Developer City herein shall be deemed to be references to and Include theie respective successors and aSSignS without spetlflc mention of such Successors and aSSigns. If Developet should tease to • hive any Interest in the property, all obligations of Deveiope høreunder shall termfnatet ,r6v1ded 3 however3 that any successor of Developer's ihtst In the property shall have first assumed Ad WHtlng the bevelopeis bbligatiohs hereunder 94 This agreement shall be recorded but shall not create a lien or security Interest in the Propotyt When the obligations of this agreenient have been satisfled 3 tity shall record a elease 90 i-1-88 la IN WITNESS WHEREOF j this agreement it executed in San Diego Codhtyi California at of the date fDst written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a California State of (name) Go-Ne. ,Yt,V//F/T corporation or the municipal Y.M4C.A. of4 SAN DIE By RICHARD COLLATO By: MARTIN ORENYAK DEli { For city Manager (Title) By (Title) State of California County of San Diego Iss On this 28th day of February in the yearl990 before me Richard A. C11r, President of YMCA n Digo County personally appeared, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president , secretary or' on behalf of the corporation therein named and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. OFFICIAL. SZAL N.L. ANDERSON NOTARY PL.0 . CALFOflNL f SAN DEGOCOUNTY K 'ComExpMayI1.lcc2 I Not ry Public in and for said State REV jf8 6 It 0 EXHIBIT 'A" LEGAL DESCRIPTION THAT PORTION OF LOT F OF RANCHO T\GW\ IIEDIONDA, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, NOVEMBER 16, 1896. 0 JAHINThORN & ASSOCL'S 5431 Avenida Encinas • Suite 0 Carlsbad, California 92008 Fax (619) 438-0981 (619) 438-4090 June 27, 1991 Don Neu, Senior Planner City of Carlsbad 2075 Las Palmas Dr. Carlsbad, California 92008 Subject: Transmittal of Eagle Canyon items Enclosed are the following items: 1. 600' radius map for public hearing notices 2. Mailing labels in duplicate 3. Check for postage Colored renderings and hearing items will be available at your request. If you have any questions or need additional information please contact me at your convenience. (nce ack Henthorn EH: wpc cc: Wm. Fairchild O'Day Consultants Hoffman Planning Associates 199 11 CITY OF CARL$BAD DVLQ EIQ Q Irt