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HomeMy WebLinkAboutCT 91-03; EVANS POINT; Tentative Map (CT)~ -1\Jo0'v • STATE OF CALIFORNIA-THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION SAN DIEGO COASt AREA Fi 1 ed: 3111 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92108·1725 Staff: Staff Report: (619) 521·8036 Hearing Date: AMENDMENT REOUEST STAFF REPORT AND PRELIMINARY RECOMMENDATION Application No.: 6-93-1 75-A Applicant: Shea Homes Agent: Keith Merkel Original Description Proposed Amendment Site: Subdivision of 128.1 acres into 194 lots and 6 open space lots; construction of 194 residential units with streets, parking, and related improvements. Approximately 759,000 cubic yards of cut, 694,300 cubic yar~s of fill, and 10,380 cubic yards of import is proposed. Lot Area 128. 1 acres Building Coverage 11.2 acres ( 9%) Pavement Coverage 17.1 acres (13%) Landscape Coverage 46.5 acres (36%) Unimproved 'area 53.3 acres (42%) Parking Spaces 540 Zoning R-l and OS Plan Designation Residential Low Medium (RLM), Open Space Project Density 3 dua Ht abv fin grade 35 feet Remedial grading of 70,000 cubic yards in the approved hillside open space area, and extend the grading season from October 1 to November 15, 1995, to allow grading to be completed during a single season. The remedial grading is proposed to complete landslide stabilization on two landslides covering 1.03 acres total. Revegetation of disturbed areas with native coastal sage scrub and chaparral vegetation is proposed; the mitigation plan includes maintenance and monitoring provisions. A keyway buttress fill is proposed to minimize sensitive vegetation removal. , Carl sbad " San Di ego County e-r-;O+oe-I~~IWJ~-iS~u~b~s~ta~n~·~~ e Doc umen t s : Certi fi ed Ci ty of ars ad Mello II Segment LCP; City of Carlsbad letter documenting hazard; Biological Survey and Mitigation Plan (August 1995); Geology Report by Geocon Inc. (8/15/95) Summary of Staff's Preliminary Recommendation: There are two parts to this amendment request. Staff;s recommending the Commission approve the proposed remedial grading subject to final geotechnical • • COP 6-93-l75-A Page 2 plans, and a revised revegetation/mitigation plan. These measures will ensure that the hazard to project homes and roads will be corrected while maintaining the habitat values that are present in the work area. Additionally, staff is also recommending the Commission approve the applicant's request to extend grading until November 15; the original permit prohibited grading after October 1, consistent with the rainy season grading restriction contained in the certified LCP. The Commission routinely allows grading to occur until November 15 of any year if it can find no impacts to sensitive resources would occur. Staff is recommending approval of the grading season extension based on assurances that temporary and permanent erosion control measures will be employed to ensure that no downstream impacts will occur from erosion and sedimentation. Finally, an objection was raised by a resident living near the project site to a non-material amendment that was circulated at the Commission's September 1995 hearing. The objection stated that noise and dust generated by current grading interfered with the resident's health and the proposed grading extension would exacerbate this condition. The objection was received within the prescribed ten day noticing period. The Commission's regulations require that an objection received during the noticing period must be heard as a full public hearing at a subsequent Commission meeting. No coastal issues are raised by the resident's objection; therefore, staff is recommending the approval of the applicant's request to extend grading until November 15. However. staff urges the applicant to work with the concerned resident to find a solution to the resident's concerns. PRELIMINARY STAFF RECOMMENPATION: The staff recommends the Commission adopt the following resolution: I. Approval with Conditions. The Commission hereby grants a permit amendment for the proposed development, subject to the conditions below. on the grounds that the development. as amended. will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. II. Special Conditions. ~ The permit amendment is subject to the following conditions: 1. Grading and Erosion Control. This conditions replaces Special Condition #9 of the original permit in its entirety. Prior to the issuance of the coastal development permit amendment, the applicant shall submit final grading plans approved by the City of Carlsbad which shall incorporate the following: A. All grading activity shall be prohibited between November 15th and April 1st of any year. Prior to commencement of any grading activity, the permittee shall submit a grading schedule which indicates that grading , . \~------------------~111· CITYOF~BAD ~i--______________________ ~ LAND USE REVIEW APPUCATION .-FOR PAGE 1 OF 2 \.. 1) APPLlCATIONS APPUED FOR: (CHECK BOXES) 0 0 0 rn 0 Master plan Specific Plan Precise Development Plan Tentative Tract Map PlaIU1ed Development Permit (FOR DEPT USE ONLY) Q/-03 rn 0 0 1]1 0 General Plan Amendment Local Coastal Plan Amendment Site Development Plan Zone Change Conditional Use Permit (FOR DEPT USE ONLy) 0 Non-Residential PlaIU1ed Development [2:lI Hillside Development Permit 0 Condominium Permit 0 Environmental Impact Assessment rn Special Use Permit 9/-02 0 Variance 0 Redevelopment Permit 0 PlaIU1ed Industrial Permit 0 Tentative Parcel Map o Coastal Development Permit 0 Administrative Variance o Planning Commission Detennination )sf List any other applications not specificed -Ell( 9/-02 J 2) LOCATION OF PROJECT: ON THE I I... _WE=S~T:::..-_______ ...J SIDE OF EL CAMINO REAL ] (NORTH, SOUTH EAST, WEST) (NAME OF· STREET) BETWEEN 1~~~/ue I AND 1'-FUl'URE---CANN--ON-Ro-~-""'1 (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: 4) ASSESSOR PARCEL NOeS). 5) LOCAL FACIUTIES MANAGEMENT ZONE 8) EXISTING ZONING 11) PROPOSED NUMBER OF RESIDENTIAL UNITS (NAME OF STREET) SEE EXHIBIT A 212-050-22,29,30,34 24 /6) EXISTING GENERAL PLAN DESIGNATION L-C I 9) PROPOSED ZONING r-i12) PROPOSED NUMBER ~OFLOTS I RJ~,RLM/ 7) PROPOSED GENERAL PLAN I RLM,a, DESIGNATION ri-1 OS110) GROSS SITE I,.;;-.;....;. .. ,~. ACREAGE ~ 13) ME OF SUBDMSION I 1 ~RESIDtm (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS 0 15) PROPOSED INDUSTRIAL OFFICE/SQUARE FOOTAGE N/A 116) PROPOSED COMMERCIAL '-----=;.;.l..::~_---' SQUARE FOOTAGE NiA NO"Ir:: It PRDl'058D. PROJECt' REQUIRING THAT MDLl1PUb\PPtlCA11ONS BE P1U!D MlJ!n': BIt SUBMniElH'IUOll:ro., 3:3cn • .JLA PROPOSm. PROJECr REQUIlUNG mAT' ONLY ot£.APPUCAllON BE JIltED MUST.BE.SUBMlTIED PRIOll'1'O 4:00 P..M. ..... . ... .. FRMOOO16 8190 " , • CITI OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 ,.r---------------------~~~~~----~------------------~~~ 17) PERCENTAGE OF PROPOSED PROJECf IN OPEN SPACE 17% 18) PROPOSED SEWER l1SAGE IN EQUIVALENT DWELLING UNITS 231 19) PROPOSED INCREASE IN AVERAGE DAlLY TRAFFiC 2,310 20) PROJEcr NAME: I EVANS POINT 21) 22) IN THE PROCESS OF PLANNING COMMIS 0 ENTER THE PROPER .PLICATION IT MAY BE NECESSARY FOR MEMBERS OF cm STAFF, , DESIGN EW BOARD MEMBERS, OR CITI COUNCIL MEMBERS TO INSPEcr AND PURPOSE 23) OWNER NAME (PRINT OR TYPE) ~RG.E; .WIMPEY, INCo __ _ MAILING ADDRESS ~565. SE:\lENTH AVENUE cm AND STATE ZIP SAN DIEGO, CA 92103~Q580 I CERTIFY ntAT I AM TIlE !£GAL OWNER AND ntAT ALL TIlE ABOVE INFORMATION 1s UE AND OO!'..RECf TO TIlE BEST OF KNOWLEDGE. Ff\G{2.I f{-\ rJ SI NATURE • DATE FOR cm USE ONLY FEE COMPUTATION: APPLICATION 1i'PE DATE FEE PAID E SU E OF TIllS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS 24) APPLICANT NAME (PRINT OR TYPE) HOFMAN PLANNING ASSOCIATES MAILING ADDRESS 2386 FARADAY SUITE 120 TELEPHONE cm AND STATE ZIP TELEPHONE .(.619 26.0.:::110-9.· CARLSBAD CA 92008 2.kO,OO I CERTIFY ntAT I AM mE U:GAL OWNER's REPRESENTATIVE AND mAT ALL TIlE ABOVE INFORMATION IS TRUE AND OORRECf TO TIlE BEST OF MY KNOWLEDGE. SIGNATURE *******************************************~ FEB 20 199 ) DATEeff4! 1jf.Uce~~t~~D VFI P RE~BY: I 51Ur 411 IVY MARCH 15, 1994 MORRISON HOMES (SOUTHERN DIVISION) 3171 TOWNE CENTRE DR. 11355 SAN DIEGO, CA. ATTN: ROBERT LAING . YOUR REF: EVANS POINT OUR ORDER NO. 1002410-15 • ORDER NO. 1002410-15 . \ IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, Tins COMPANY HEREl3Y 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 HAY 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 nOM 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 LIABILI~ IS ASSUMED HEREBY. IF IT IS DEStRED THAT LIABILITY B:J;!: ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF MARCH 8, 1994 AT 7:30 A.M. GREG SPANIOL/CM -TITLE ~FICER DIRECT DIAL PHONE 231-4656 PAGE 1 ... :'>1 f. I! I ( '"I 1-• ORDER NO. 1002410-15 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ALTA TITL~ TO SAID ESTATE OR INTEREST AT THE DATE"HEREOF IS VESTED IN: GEORGE WIMPEY, INC., A DELAWARE CORPORATION THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1994-95, A LIEN, NOT YET PAYABLE. lAo SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1993-94, 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 S.TATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THtS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS I IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 4. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF ROAD SURVEY NO. 682 WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID ROAD AS GRANTED IN DEED RECORDED JANUARY 5, 1938 IN BOOK 727, PAGE 441 OF OFFICIAL RECORDS. PAGE 2 ... \1 t It I (- -t .,. • ORDER NO. 1002410-15 SAID DOCUMENT FURTHER RECITES: AND THE UNDERSIGNED, THE SAID GRANTORS, DO HEREBY WAIVE ALL CLAIM FOR COMPENSATION FOR ANY AND ALL DAMAGE$ ON AccoUNT OF THE LOCATION, ESTABLISHMENT AND CONSTRUCTION OF SAID HIGHWAY; AND DO HEREBY GRANT TO THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ALL TREES, GROWTHS (GROWING OR THAT MAY HEREAFTER GROW) AND ROADBUILDING MATERIALS WITHIN SAID RIGHT OF WAY, TOGETHER WITH THE RIGHT TO USE THE SAME IN SUCH MANNER AND AT SUCH LOCATIONS AS SAID GRANTEE MAY DEEM PROPER, NEEDFUL OR NECESSARY IN THE CONSTRUCTION, RECONSTRUCTION AND MAINTENANCE OF SAID HIGHWAY. 5. AN EASEMENT FOR EITHER OR BOTH POL:e LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR O'F SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED OCTOBER 20, 1948 IN BOOK 2988, PAGE 454 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THE ROUTE OF SAID LINE OF POLES AND WIRES ACROSS SAID LAND SHALL BE AS FOLLOWS: COMMENCING AT CORNER NO. 1 OF SAID LOT F; THENCE NORTH 0 ° 06' WEST, 320.69 FEET; THENCE NORTH 83°54' WEST, 819.52 FEET; THENCE SOUTH 26 ° 16' WEST, 399. 11 FEET TO A POINT HEREINAFTER KNOWN AS POINT A, WHICH POINT IS THE TRUE POINT OF BEGINNING OF THE RIGHT OF WAY HEREIN DESCRIBED; THENCE FROM SAID POINT A, NORTH 26°16' EAST, TO THE NORTHERLY LINE OF SAID LOT F. ALSO: BEGINNING AT SAID POINT A; THENCE SOUTH 40°23' WEST, 350.0 FEET. ALSO: )3EGINNING AT SAID POINT A; THENCE NORTH 66°33' WEST, 310.0 FEET. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 6. AN EASEMENT FOR WATER PIPE LINES AND INCIDENTAL PURPOSES IN FAVOR OF PAUL ECKE AND MAGDALENA ECKE, HUSBAND AND WIFE, RECORDED MARCH 5, 1956 IN BOOK 6002, PAGE 298 OF OFFICIA~ RECORDS, DESCRIBED AS FOLLOWS: THE CENTER LINE OF SAID EASEMENT OF RIGHT OF WAY IS PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE LOT LINES COMMON TO LOTS I AND F IN SAID RANCHO AGUA HEDIONDA DISTANT THEREON NORTHERLY, 445.23 FEET FROM CORNER NO. 1 OF SAID LOT I; THENCE FROM SAID POINT OF BEGINNING SOUTH 88°29'01" EAST A DISTANCE OF 1260.62 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 181.27 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7°34'30", A DISTANCE OF 23.97 FEET; THENCE NORTH PAGE 3 • ORDER NO. 1002410-15 83°56'29" EAST, TANGENT TO SAID CURVE, A DISTANCE OF 492.0 FEET MORE OR LESS TO THE LOT LINE COMMON TO LOTS E AND F OF SAID RANCHO AGUA HEDIONDA. EXCEPTING FROM THE ABOVE DESCRIBED EASEMENT OF RIGHT OF WAY ANY PORTION THEREOF NOT LYING WITHIN THE ABOVE DESCRIBED LANDS OF THE GRANTOR THEREIN. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 7. AN EASEMENT FOR WATER PIPE LINES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED MARCH 5, 1956 IN BOOK 6003, PAGE 133 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THE CENTER LINE OF SAID EASEMENT OF RIGHT OF WAY IS PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE LOT LINES COMMON TO LOTS I AND F IN SAID RANCHO AGUA HEDIONDA DISTANT THEREON NORTHERLY, 445.23 FEET FROM CORNER NO. 1 OF SAID LOT I; THENCE FROM SAID" POINT OF BEGINNING SOUTH 88°29'01" EAST, ~ DISTANCE OF 1260.62 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 181.27 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7 0 34'30", A DISTANCE OF 23.97 FEET; THENCE NORTH 83°56'29" EAST, TANGENT TO SAID CURVE, A DISTANCE OF 492.0 FEET MORE OR LESS TO THE LOT LINE COMMON TO LOTS E AND F OF SAID RANCHO AGUA HEDIONDA. EXCEPTING FROM THE ABOVE DESCRIBED EASEMENT OF RIGHT OF WAY ANY PORTION THEREOF NOT LYING WITHIN THE ABOVE DESCRIBED LANDS OF THE GRANTOR HEREIN. " REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 8 • AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED SEPTEMBER 18, 1962 AS FILE NO. 160664 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWp: , THE CENTER LINE OF SAID RIGHT OF WAY IS PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT POINT 1 OF SAID LOT F, BEING ALSO POINT 11 OF LOT B, AS SHOWN AND DESIGNATED ON SAID PARTITION OF RANCHO AGUA HEDIONDA; THENCE NORTH 0°11' WEST, ALONG THE WESTERLY LINE OF SAID LOT B, A DISTANCE OF 320.69 FEET"; THENCE NORTH 83~54' WEST, 656.3 FEET; THENCE NORTH 82°52'30" WEST, 250.5 FEET; THENCE SOUTH 27°21' WEST, 398.8 FEET TO THE TRUE POINT OF BEGINNING OF SAID PAGE 4 ,"'''t/l, c-. ., ./ • ORDER NO. 1002410-15 CENTER LINE OF RIGHT OF WAY; THENCE FROM SAID TRUE POINT OF BEGINNING, NORTH 75°30' WEST, 345.1 FEET. IT IS UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT THE RIGHT OF WAY HEREIN CONVEYED SHALL BE 12. 0 FEET IN WIDTH, BEING 6. 0 FEET MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE ABOVE DESCRIBED ROUTE OF SAID LINE OF POLES AND WIRES. ' SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY." REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 9. ~ EASEMENT FOR ROAD AND INCIDENTAL PURPOSES IN FAVOR OF INVESTMENT SECURITIES CORPORATION, A CALIFORNIA CORPORATION, AGRARIA INVESTMENT CORPORATION, A CORPORATION, S. L. KELLY, HOWARD G. KIRGIS AND IDA B. KIRGIS, MARVIN H. SIPPEL, LUCIA CAROLINE SIPPEL, ALLAN O. KELLY, LAVINA J. KELLY, HERBERT C. KELLY, JR., ALSO KNOWN AS HERBERT CHARLES KELLY, JR., GRAHAM M. KELLY, MAXINE T. SMITH, FORMERLY MAXINE T. MCDONALD, BARBARA JEAN HIGDON, ALSO KNOWN AS BARBARA JEAN KELLY HIGDON, AND DOROTHY KELLY As GUARDIAN OF CHARLES DAVID KELLY, A MINOR RECORDED MARCH 26, 1964 AS FILE NO. 55458 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: . ROAD NO.1: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER A STRIP OF LAND 66 FEET WIDE IN LOTS F AND I 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 CENTER LINE OF SAID 66 FOOT STRIP BEING THE 'CENTER LINE OF A TRAVELLED, HARD SURFACED ROAD AS SHOWN ON THE ATTACHED MAP ENTITLED EXHIBIT A, AND DESCRIBED APPROXIMATELY AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF EL CAMINO REAL, ALSO KNOWN AS ROAD SURVEY NO. 682, ACCORDING TO MAP THEREOF ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, WITH THE NORTHEASTERLY PROLONGATION OF THE CENTER LINE OF SAID TRAVELLED HARD SURFACED ROAD BEING APPROXIMATELY ENGINEER'S STATION 100 PLUS 30, ACCORDING TO SAID MAP OF ROAD SURVEY NO. 682; THENCE SOUTHWESTERLY ALONG SAID PROLONGATION 20 FEE~ MORE OR LESS TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID ROAD SURVEY NO. 682, BEING POINT A AS SHOWN ON EXHIBIT A ATTACHED, AND BEING THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE; THENCE SOUTHWESTERLY ALONG THE CENTER LINE OF SAID· TRAVELLED PAGE 5 • ORDER NO. 1002410-15 ROAD, 740 FEET TO POINT B AS SHOWN ON SAID MAP EXHIBIT A; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CENTER LINE OF THE TRAVELLED ROAD TO A ROAD JUNCTION AT POINT C AS SHOWN ON SAID EXHIBIT A, BEING AT OR NEAR THE NORTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO SAN DIEGO GAS ANO ELECTRIC COMPANY, REGISTERED JUNE 16, 1953 AS FILE NO. 30674 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY REGISTRAR OF LAND TITLES FOR SAN DIEGO COUNTY AND BEING A POINT ON OR NEAR THE NORTHERLY LINE OF SAID LOT F. ROAD NO. 6 (PROPOSED) AN EASEMENT AND. RIGHT OF WAY FOR ROAD PURPOSES OVER A STRIP OF LAND 50 FEET WIDE IN LOTS F AND I 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 SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, THE CENTER LINE OF SAID 50 FOOT STRIP BEING THE CENTER LINE OF PROPOSED ROAD NO.6, SHOWN ON THE ATTACHED MAP EXHIBIT A AND DESCRIBED APP.ROXlMATELY AS FOLLOWS: . BEGINNING AT POINT B AS SHOWN ON SAID EXHIBIT A; THENCE SOUTHEASTERLY ALONG THE MOST PRACTICAL ROUTE, APPROXIMATELY 1800 FEET; THENCE SOUTHWESTERLY ALONG THE MOST PRACTICAL ROUTE, APPROXIMATELY 700 FEET; THENCE WESTERLY APPROXIMATELY 250 FEET TO A POINT ON OR NEAR THE COMMON BOUNDARY BETWEEN SAID LOTS F AND I; THENCE SOUTHERLY ALONG OR PARALLEL WITH SAID COMMON BOUNDARY APPROXIMATELY 800 FEET; THENCE SOUTHWESTERLY, ALONG THE MOST PRACTICAL ROUTE APPROXIMATELY 1000 FEET TO POINT H AS SHOWN ON SAID EXHIBIT A. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. ·NOTE: SAID EASEMENT TO BE ELIMINATED UPON RECORDATION OF THE FINAL MAP. 10. AN EASEMENT FOR WATER PIPELINES AND APPURTENANCES, INGRESS AND EGRESS AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED NOVEMBER 27, 1968 AS FILE NO. 208029 AND RE-RECORDED NOVEMBER 29, 1968 AS FILE NO. 209776, BOTH OF OFFICIAL RECORDS. THE ROUTE OR LOCATION CANNOT BE DETERMINED FROM SAID INSTRUMENT. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 11. AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES IN FAVOR OF BARBARA J. HIGDON, RECORDED DECEMBER 31, 1969 AS FILE NO. 236218 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: OVER, ALONG AND ACROSS A STRIP 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 PAGE 6 ~ ~ \ .' " "I (' " '1 ~ I • ORDER NO. 1002410-15 THE OFFICE OF THE COUNTY RECORDER OF SAID 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°01'05" EAST (RECORD SOUTH 24°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 OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE SOUTH 54.°10'08" EAST (RECORD SOU'l'H 53°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°10'08" EAST 540.00 FEET TO A POINT; THENCE LEAVING SAID LOT F BOUNDARY LINE AT A RIGHT ANGLE, SOUTH 35°49'52" WEST 2257.74 FEET TO THE BOUNDARY OF LAND DESCRIBED UNDER PARCEL 1 IN FINAL JUDGEMENT IN PARTITION RECORDED MARCH 24, 1965 AS FILE NO. 52516 OF OFFICIAL RECO~S, BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY OF PARCEL 1, NORTH 52°32'21" WEST 1214.69 FEET TO A POINT; THENCE NORTH 16°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°24'42" 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°24'42" 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 ~9, 1969 AS FILE NO. 198734 OF OFFICIAL RECORDS 'OF SAID SAN DIEGO COUNTY. EXCEPTING THAT PORTION OF SAID 20.00 FOOT STRIP LYING WITHIN SAID LAND CONVEYED BY CHARLES KELLY TO ELMER CARPENTER BY DEED RECORDED JUNE 1, 1937 IN BOOK 622, PAGE 755 OF OFFICIAL RECORDS. NOTE: SAID EASEMENT TO B'E ELIMINATED UPON RECORDATION OF THE FINAL MAP. 12. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF ROAD SURVEY NO. 1800-1 WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID ROAD AS GRANTED IN DEED RECORDED JANUARY 14, 1970 AS FILE NO. 7225 OF OFFICIAL RECORDS. SAID DOCUMENT FURTHER RECITES: THE GRANTOR FURTHER UNDERSTANDS THAT THE PRESENT INTENTION OF THE GRANTEE IS TO CONSTRUCT AND MAINTAIN A PUBLIC HIGHWAY ON THE LANDS HEREBY CONVEYED IN FEE AND THE GRANTOR, FOR HIMSELF, HIS SUCCESSORS AND ASSIGNS, HEREBY WAIVES ANY CLAIMS FOR ANY AND ALL DAMAGES TO GRANTOR'S REMAINING PROPERTY CONTIGUOUS TO THE PROPERTY HEREBY CONVEYED BY REASON OF THE LOCATION, CONSTRUCTION, LANDSCAPING OR MAINTENANCE OF SAID HIGHWAY. PAGE 7 .• ~ .>, \1 t II I ~ ':\ . ( " ./ , J. • ORDER NO. 1002410-15 13. AN-EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED APRIL 10, 1970 AS FILE NO. 62701 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THOSE CERTAIN STRIPS OF LAND 4.00 FEET IN WIDTH, BEING 2.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINES: PARCEL 1: COMMENCING AT CORNER NO. 1 OF LOT E OF SAID RANCHO AGUA HEDIONDA, SAID CORNER NO. 1 BEARS SOUTH 0°16'15" EAST FROM CORNER NO. 13 OF SAID LOT E; THENCE FROM SAID CORNER NO. 1 SOUTH 32°18'07" WEST, 86.45 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 3500.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 32°18'07" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 5 0 45'16", A DISTANCE OF 351.52 FEET; THENCE TANGENT TO NON- .TANGENT CURVE NORTH 63°27'09" WEST, 472.26 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 15000.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 1 0 56'38", A DISTANCE 508.95 FEET; THENCE NON-TANGENT TO SAID TANGENT CURVE NORTH 24°36'13" EAST, 54.00 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED IN PARCEL 1; THENCE FROM SAID TRUE POINT OF BEGINNING OF PARCEL 1 SOUTH 22°34'13" WEST 123.00 FEET • . PARCEL 2: COMMENCING AT SAID CORNER NO. 1 OF LOT E AS DESCRIBED IN PARCEL 1 ABOVE; THENCE NORTH 66 ° 3 4 ' 18" WEST, 1915 • 99 FEET; THENCE SOUTH 24°26'00" WEST, 69.00 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED IN PARCEL 2; THENCE FROM SAID TRUE POINT OF BEGINNING OF PARCEL 2 AND RETRACING NORTH 24°26'00" EAST 25.00 FEET. PARCEL 3: COMMENCING AT SAID CORNER NO. 1 OF LOT E AS DESCRIBED IN PARCEL 1 ABOVE; THENCE FROM SAID CORNER NO. 1 NORTH 66 ° 3 4 ' 18" WEST, 1915.99 FEET; THENCE NORTH 66°36'00" WEST, 1021.30 FEET; THENCE NORTH 23°24'00" EAST, 54.00 FEET; "THENCE NORTH 68°11'00" WEST, 321.13 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED IN PARCEL 3, SOUTH 23°46'33" WEST, 314.53 FEET. PAGE 8 ·( A \1 ~. Ii I ~~ (' , 1 • , ./ ORDER NO. 1002410-15 SAID INSTRUMENT FURTH~R RECITES: "IT IS UNDERSTOOD BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY." REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 14. THE PRIVILEGE AND RIGHT 'f0 EXTEND DRAINAGE STRUCTURES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF ROAD SURVEY NO. 18'00-1 WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID ROAD AS GRANTED IN DEED RECORDED MAY 21, 1970 AS FILE NO. 88243 OF OFFICIAL RECORDS. SAID DOCUMENT FURTHER RECITES: AND, THE SAID GRANTOR, DOES HEREBY WAIVE ALL CLAIM FOR COMPENSATION FOR ANY AND ALL DAMAGES ON ACCOUNT OF THE LOCATION, ESTABLISHMENT AND CONSTRUCTION OF SAID HIGHWAY; AND DO HEREBY GRANT TO THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ALL TREES, GROWTHS (GROWING OR THAT MAY H~REAFTER GROW) AND ROADBUILDING MATERIALS WITHIN SAID RIGHT OF WAY, TOGETHER WITH THE RIGHT TO USE THE SAME IN SUCH MANNER AND AT SUCH LOCATIONS AS SAID GRANTEE MAY DEEM PROPER, NEEDFUL OR NECESSARY IN THE CONSTRUCTION, RECONSTRUCTION AND MAINTENANCE OF SAID HIGHWAY. 15. AN AGREEMENT REGARDING MUTUAL EASEMENT, DATED MARCH 1971, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: IRWIN J. KELLY AND TITLE INSURANCE AND TRUST COMPANY, A CORPORATION, AS TRUSTEE FOR IRWIN J. KELLY UNDER TRUST NO. P.P. 45493; 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. RECORDED: SEPTEMBER 17, 1971 AS FILE NO. 211501 OF .OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. NOTE: THE ABOVE ITEM TO BE ELIMINATED UPON RECORDATION OF THE FINAL MAP. PAGE 9 .\ \1 t Il I ( .. , ,. • ORDER NO. 1002410-15 16. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNPERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED FEBRUARY 17, 1972 AS FILE NO. 392-53 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THE SAID EASEMENT AND RIGHT OF WAY SHALL BE 12.00 FEET IN WIDTH, BEING 6.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT T~E MOST SOUTHERLY CORNER OF LOT E OF SAID RANCHO AGUA HEDIONDAj THENCE ALONG THE SOUTHWESTERLY LINE THEREOF NORTH 66°57'24" WEST, 600.00 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE OF LOT E SOUTH 23 ° 05' 03" WEST 950.00 FEET; THENCE SOUTH 66°54'57" EAST, 53.69 FEET; THENCE SOUTH 21°22'03" WEST, 61.43 FEET TO THE TRUE POINT OF B~GINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINN:ING RETRACING NORTH 21 ° 22 ' 03" EAST, 353 • 36 FEET TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT A •. . . ALSO: THOSE CERTAIN STRIPS OF LAND 4.00 FEET IN WIDTH, BEING 2.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINES: 1. BEGINNING AT SAID TRUE POINT OF BEGINNING; THENCE SOUTH 21°22'03" WEST, 15.00 FEET. 2. BEGINNING AT SAID POINT Ai THENCE NORTH 21°22'03" EAST, 15.00 FEET. 3. BEGINNING AT SAID POINT A; THENCE NORTH 58°30'57" WEST, 15.00 FEET. SAID INSTRUMENT FURTHER RECITES: .. IT IS UNDERSTOOD BY THE PARTIES HERETO THAT THE G~TEE MAY PLACE, E~ECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY." REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 17. AN EASEMENT FOR UNDERGROUND COMMUNICATION STRUCTURES AND INCIDENTAL PURPOSES IN FAVOR OF PACIFIC TELEPHONE AND TELEGRAPH COMPANY, RECORDED APRIL 3, 1975 AS FILE NO. 75-075835 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: SAID EASEMENT SHALL BE LOCATED ON A STRIP OF LAND 5 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: PAGE 10 , .. \1 t II I (, ,/ " • ORDER NO. 1002410-15 BEGINNING AT POINT 23 ON THE BOUNDARY OF LOT F, AS SHOWN ON SAID MAP; THENCE SOUTH 11°55'07" WEST 14.42 FEET TO THE SOUTHWESTERLY LINE OF EL CAMINO REAL, AS SHOWN ON ROAD SURVEY NO. 1800-1, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JANUARY 14, 1970 AS FILE NO. 7225 OF OFFICIAL RECORDS OF SAID SAN DIEGO 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°35'22" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 545.24 FEET; THENCE NORTH 63°27'09" WEST, 472.26 FEET; THENCE NORTHWESTERLY 157.53 FEET ALONG A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 14,995.00 FEET 'TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY LINE SOUTH 45°30'26" WEST, 170.00 FEET TO THE POINT OF TERMINATION. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 18. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED JULY 29, 1975 AS FILE NO. 75-197509 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS; SAID EASEMENT AND RIGHT OF WAY SHALL BE 12. 00 FEET IN WIDTH, BEING 6.00 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 MAP NO. 6200, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DtEGO, SAID CORNER BEARS SOUTH 82 ° 28 ' 56 il EAST FROM CORNER NO. 1 OF SAID LOT I; THENCE LEAVING SAID CORNER NO. 19 NORTH 5°00'36" WEST, 1151.55 FEET; THENCE SOUTH 67°18'13" EAST, 1319.29 FEET; THENCE SOUTH 66°36'57" EAST, 360.00 FEET; THENCE SOUTH 65°11'13" EAST, 388.00 FEET; THENCE SOUTH 41°04'31" WEST, 212.23 FEET; THENCE NORTH 64°41'35" WEST, 11.00 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE :POINT OF BEGINNING SOUTH 2°09'29" EAST, 114.40 FEET. ALSO: THAT CERTAIN STRIP OF LAND 4.00 FEET IN WIDTH, BEING 2.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT SAID TRUE POINT OF BEGINNING; THENCE NORTH 2°09'29" WEST, 20.00 FEET. PAGE 11 :\ ,\I f, 1/ I ( "/ ", • ORDER NO. 1002410-15 SAID INSTRUMENT FURTHER RECITES: II IT IS UNDERSTOOD' BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY." REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 19. AN EASEMENT FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JULY 29, 1975 AS FILE NO. 75-197553 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: EASEMENT AND RIGHT OF WAY SHALL BE 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 MAP NO. 6200, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, SAID CORNER BEARS SOUTH 82°28'56" EAST FROM CORNER NO. 1 OF SAID LOT I; THENCE LEAVING SAID CORNER NO. 19 NORTH 5°00'36" WEST 1151.55 FEET; THENCE SOUTH 67°18'13" EAST, 1319.29 FEET; THENCE SOUTH 66°36'57" EAST, 360.00 FEET; THENCE SOUTH 650 11'13" EAST, 388.00 FEET; THENCE SOUTH 41°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°30'26" EAST, 248.75 FEET. ALSO: BEGINNING AT SAID TRUE POINT OF BEGINNING; THENCE NORTH 64°41'35" WEST, 11.00 FEET. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 20. AN EASEMENT FOR POLES, WIRES, CABLES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATION FACILITIES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED DECEMBER 15, 1983 AS FILE NO. 83-457391 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THAT CERTAIN STRIP OF LAND 12.00 FEET IN WIDTH, LYING OVER AND ACROSS LOT F IN RANCHO AGUA HEDIONDA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, BEING 6.00 FEET MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: PAGE 12 ·\ \I f. II I ( '1 ./ • ORDER NO. 1002410-15 COMMENCING AT THE MOST NORTHERLY CORNER OF PARCEL 2 OF PARCEL MAP NO. 2481, FILED MARCH 21, 1974 AS FILE NO. 74-071006 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, SAID MQST NORTHERLY CORNER BEARS NORTH 42°29'10" EAST (NORTH 42 ° 21' 30" EAST, RECORD) FROM THE MOST WESTEJU, Y CORNER THEREOF; THENCE LEAVING SAID MOST NORTHERLY CORNER, NORTH 55°03'11" WEST, 1240.68 FEET; THENCE SOUTH 02°20'04" EAST, 25.39 FEET; THENCE SOUTH 08°15'22" WEST, 103.11 FEET; THENCE SOUTH 41°43'39" WEST, 345.56 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED, ALSO BEING A POINT IN THAT CERTAIN EASEMENT GRANTED TO SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED OCTOBER 20, 1948 IN BOOK 2988, PAGE 454 OF OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO; THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 21°20'51" WEST, 354.85 FEET TO A POINT HEREIN DESIGNATED POINT A. ALSO: THOSE CERTAIN STRIPS OF LAND, 4.00 FEET IN WIDTH, BEING 2.00 FEET MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINES: 1. BEGINNING AT SAID TRUE POINT OF BEGINNING; THENCE NORTH 58°28'00" WEST, 15.00 FEET. 2. BEGINNING AT SAID POINT A; THENCE SOUTH 21 ° 2 0' 51" WEST, 15.00 FEET. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 21. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 9670, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 22. AN EASEMENT FOR TELEVISION CABLES, PEDESTALS, ANTENNAS, TOGETHER WITH THE RIGHT OF ACCESS, ~O SERVICE, MAINTAIN AND INSTALL SAID FACILITIES AND INCIDENTAL PURPOSES IN FAVOR OF WESTERN LAND AND DEVELOPMENT COMPANY, RECORDED MAY ~4, 1984 AS FILE NO. 84-194455 OF OFFICIAL RECORDS. THE ROUTE, OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 23. AN IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC RIGHT OF WAY PURPOSES, DATED OCTOBER 4, 1984 IN FAVOR OF THE COUNTY OF SAN DIEGO UPON THE TE~S AND CONDITIONS CONTAINED THEREIN, RECORDED OCTOBER 10, 1984 AS FILE NO. 84-384020 OF OFFICIAL RECORDS. PAGE 13 .-\ :\1 f. I! I ( . . '1 .J. • THE ROUTE THEREOF IS DESCRIBED AS FOLLOWS: PARCEL NO. 84-0Q74-A: • ORDER NO. 1002410-15 THE NORTHWESTERLY HALF OF THAT PORTION OF 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 RECORDER OF SAID SAN DIEGO COUNTY NOVEMBER 16, 1896, LYING WITHIN A 60.00 FOOT WIDE STRIP OF LAND, THE SIDELINES OF SAID STRIP LYING 30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE MOST EASTERLY CORNER OF PARCEL 1 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 CENTERLINE OF EL CAMINO REAL, ROAD SURVEY NO. 1800-1, AS SHOWN ON SAID PARCEL MAP NO. 2481; THENCE ALONG SAID CENTERLINE NORTH 52 ° 3 i ' 17" WEST, 680 • 96 FEET TO B.C. 407+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°10'25" A DISTANCE OF 10.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTERLINE OF ROAD SURVEY NO. 1800-1 SOUTH 37°28'43" WEST, 572.74 FEET TO THE BEGINNING OF A TANGENT 1000.00 FOOT RADIUS CURVE, . CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°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 NO. 79- 540030 OF OFFICIAL RECORDS IN SAID RECORDER'S OFFICE; THENCE ALONG SAID NORTHERLY LINE AND THE EASTERLY PROLONGATION THEREOF SOUTH 42°25'49" WEST, 970.90 FEET TO A POINT IN AN ARC OF THAT 600.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY IN THE CENTERLINE OF SAID SLIPPERY HILL LANE, AS SAID CENTERLINE 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 20°02' 30" 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°44'35" A DISTANCE OF 60.14 FEET TO A POINT OF TERMINUS. THE NORTHWESTERLY LINE OF SAID 60.00 FOOT WIDE STRIP OF LAND SHALL TERMINATE NORTHEASTERLY IN THE SOUTHWESTERLY LINE OF THAT LAND DESCRIBED IN EXHIBIT A OF DEED TO YOUNG MEN'S CHRISTIAN ASSOCIATION OF SAN DIEGO AND SAN DIEGO COUNTY RECORDED MARCH 28, 1972 AS FILE NO. 73319 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 14 ,.\ \1 ~-1< I r ORDER NO. 1002410-15 24. AN EASEMENT FOR SEWER AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED JULY 15, 1985 AS FILE NO. 85-251146 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THAT PORTION OF THAT PROPERTY BOUNDED BY THE SOUTHERLY LINE OF EL CAMINO REAL AS SHOWN ON ROAD SURVEY NO. 1800-1 AND THE FOLLOWING DESCRIBED LINES: BEGINNING AT A ROAD SURVEY MONUMENT ON THE CENTERLINE OF EL CAMINO REAL AT _ STATION 443+00.05 AS SHOWN ON ROAD SURVEY NO. 1800-1 AND RECORD OF SURVEY NO. 9670 FILED IN THE OFFICE OF THE COuNTY RECORDER OF SAID SAN DIEGO COUNTY ON MAY 17, 1984 AS FILE NO. 84-183634 OF OFFICIAL RECORDS; THENCE NORTH 67°03'21" WEST 52.02 FEET TO MONUMENT AS· SHOWN ON SAID RECORD OF SURVEY NO. 9670; THENCE SOUTH 1°55'36" EAST 91.36 FEET TO A NON TANGENT CURVE, CONCAVE NORTH~RLY AND HAVING A RADIUS OF 3983.00 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 23 ° 30' 22" -EAST; THENCE, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°06'22" AND A DISTANCE OF 12.94 FEET TO A RADIAL LINE THAT BEARS NORTH 23°24'00" EAST AND PASSES THROUGH THE POINT OF BEGINNING; THENCE SOUTH 66°36'00" EAST 158.19 FEET TO A TANGENT CURVE, CONCAVE TO THE NORTH AND HAVING A RADIUS OF 210.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20°46' 19" AND A DISTANCE OF 76.13 FEET TO THE POINT OF A REVERSE CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 190.00 FEET, A RADIAL LINE AT SAID POINT OF REVERSE CURVE BEARS SOUTH 2 ° 37 ' 41" WEST i THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20°46'19" AND A DISTANCE OF 68.88 FEET TO A RADIAL LINE THAT BEARS NORTH 23 °24' 00" EAST i THENCE NORTH 23 °24' 00" EAST 7.00 FEET iTHENCE SOUTH 66°36'00" EAST 1278.94 FEET TO A TANGENT CURVE, CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 14,950.00 FEET; THENCE EASTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°39'28" A DISTANCE OF 693.48 FEET TO POINT, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 26°03'28" EAST; THENCE NORTH 28°48'15" EAST 5.01 FEET TO A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF EL CAMINO REAL AS SHOWN ON ROAD SURVEY NO. 1800-1. 25. THE FACT THAT SAID LAND LIES WITHIN THE CARLSBAD ISLANDS ANNEXATION, AS DISCLOSED BY INSTRUMENT RECORDED APRIL -30, 1987 AS FILE NO. 87-236215 OF OFFICIAL RECORDS. PAGE 15 • orDER NO. 1002410-15 26. A NOTICE OF SPECIAL TAX LIEN FOR CITY OF CARLSBAD, COMMUNITY FACILITIES, DISTRICT NO.1, RECORDED MAY 20, 1991 AS FILE NO. 91~0236959 OF OFFICIAL RECORDS. 27. A NOTICE CONCERNING PROXIMITY OF THE PLANNED OR EXISTING EL CAMINO REAL TRANSPORTATION CORRIDOR(S) CASE NO. 93-1, RECORDED DECEMBER 7, 1993 AS FILE NO. 1993-0821731 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 28. A NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO. CT 91-3, RECORDED DECEMBER 7, 1993 AS FILE NO. 1993-0821732 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTI~ULARS. 29. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNARIES OF COMMUNITY FACILITIES DISTRICT NO.1, DATED JANUARY 20, 1994, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN. EXECUTED· BY AND BETWEEN: GEORGE WIMPEY, INC. AND THE CITY OF CARLSBAD RECORDED: FEBRUARY 11, 1994 AS FILE NO. 1994-0096496 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 16 "' ~ , ... \ \ \1 J U I • 1993-94 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALUmt~T: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09013 212-050-22 $484.70 PAID $484.70 OPEN $88,324.00 -0- -0-' 09162 212-050-29 $17,278.90 PAID $17,278.90 OPEN $1,104,080.00 -0-- -0- CODE AREA: 09162 PARCEL NO.: 212-050-30 1ST INSTALLMENT: $11,040.82 PAID 2ND INSTALLMENT: $11,040.82 OPEN LAND VALUE: ,$1,104,080.00 IMPROVEMENTS: -0- EXEMPT: -0- CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09162 212-050-34 $8,596.85 PAID $8,596.85 OPEN $850,141.00 -0- -0- PAGE 17 • ORDER NO. 1002410-15 I . ~ .-\ ~I 1-. /{ I ~., c-• • , 1 , ,. . . ORDER NO. 1002410-15 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "F" OF RANCHO AGUA HEDIONDA, PARTLY WITHIN 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 SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT POINT 1 OF SAID LOT "F" AS SHOWN ON SAID MAP, SAID PO INT 1 BEING SOUTH 74 ° 13 ' 29" EAST, 366 • 11 FEET FROM CENTER LINE STATION 414 PLUS 24.79 OF ROAD SURVEY NO. 1800-1, AS DESCRIBED IN THAT CERTAIN DEED TO THE COUNTY OF SAN DIEGO, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JANUAAY 14, 1970 AS FILE NO. 7225 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINE OF SAID LOT' "F", SOUTH 25°00'29" EAST, 229.43 FEET (RECORD SOUTH 25°33'56" EAST, 229.00 FEET PER DEED), TO POINT 23 OF SAID LOT, 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 75 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE SOUTH 11°48'43" WEST, 14.39 FEET (RECORD SOUTH 11°55'07" WEST, 14.42 FEET PER DEED), ALONG THE WESTERLY BOUNDARY OF SAID CARPENTER LAND TO THE SOUTHWESTERLY LINE OF EL CAMINO REAL, AS SHOWN ON SAID ROAD SURVEY NO. 1800-1; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY OF SAID CARPENTER LAND SOUTH 11°39'13" WEST, 300.69 (RECORD SOUTH 11°55'07" WEST, 301.18 FEET PER DEED); THENCE SOUTH 42°29'10" WEST, 373.91 FEET (RECORD SOUTH 42°59'32" WEST, 374.50 FEET PER DEED), TO THE TRUE POINT OF BEGINNING; THENCE CONT~NUING ALONG SAID BOUNDARY SOUTH 42°38'34" WEST, 937.98 FEET (RECORD SOUTH 42°24'42" WEST, 938.72 FEET PER DEED), TO THE BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 26°00'25", A DISTANCE OF 272.35 FEET (RECORD 269.80 FEET PER DEED); THENCE TANGENT TO SAID CURVE SOUTH 16°38'09" WEST, 386.23 FEET (RECORD SOUTH 16°38'52" WEST, 38-6.15 FEET PER DEED), TO THE MOST WESTERLY CORNER OF LAND CONVEYED TO JAMES A. DYE, ET UX, BY DEED FI~ED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 31, 1969 AS FILE NO. 236219 OF OFFICIAL RECORDS; THENCE SOUTH 89°'59'34" WEST, 1,548.97 FEET TO A POINT ON THE BOUNDARY LINE OF SAID LOT "F" BETWEEN POINTS 4 AND 5 OF SAID LOT; THENCE ALONG SAID LINE NORTH 00 ° 11 ' 52" EAST (RECORD NORTH 00°12'00" EAST PER DEED), 2,122.00 FEET TO SAID POINT 4 OF LOT "F"; THENCE NORTH 82°01'27" WEST (RECORD NORTH 81°59'35" WEST PER DEED), 240.34 FEET TO A POINT ON A LINE DRAWN PAMLLEL WITH AND DISTANT 100.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE COMMON BOUNDARY LINE BETWEEN LOTS "F" AND "I"; THENCE ALONG SAID PARALLEL LINE NORTH 01°55'36" WEST, 450.06 (RECORD NORTH 01°38'25" WEST, PAGE 18 • • ORDER NO. l002410-15 445.00 FEET PER DEED); THENCE LEAVING SAID PARALLEL LINE NORTH 55°56'14" WEST, 123.59 FEET (RECORD SOUTH 55°33'25" EAST PER DEED), TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO MARVIN H. SIPPEL, ET UX, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 13, 1962 AS FILE NO. 193941 OF OFFICIAL RECORDS; THENCE ALONG SAID COMMON LINE BETWEEN LOTS I AND F, NORTH 01°55'56" WEST (RECORD SOUTH 0'1°54'38" WEST PER DEED), 670.29 FEET TO A POINT IN THE SOUTHWESTERLY BOUNDARY OF EL CAMINO REAL, AS SHOWN ON SAID ROAD SURVEY NO. 1800-1, SAID POINT ALSO BEING A POINT ON THE ARC OF A NON-TANGENT 6,945.0.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID CURVE BEARS SOUTH 23°39'21" WEST; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 000 15'21", A DISTANCE OF 31. 02 FEET; THENCE SOUTH 23°24'00" EAST, 18.00 FEET; THENCE SOUTH 66°36'00" EAST, 150.00. FEET; THENCE NORTH 23°24;00" EAST, 18.0.0 FEET; THENCE SOUTH 66°36'0.0" EAS,:(" 1,428.64 FEET TO THE BEGINNING OF A TANGENT 14,955.00 . FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02 0 39'31", A DISTANCE OF 693.95 FEET; THENCE LEAVING SAID SOtJTmqESTERLY LINE SOUTH 28 °48'1511 WEST , 178.56 FEET (RECORD SOUTH 28°53'52" WEST, 178.31 FEET PER DEED); THENCE SOUTH 17°30'06" EAST, 278.47 FEET (RECORD SOUTH 17°24'23'" EAST, 278.57 FEET PER DEED); THENCE SOUTH 29°38'12" EAST, 399.10 FEET (RECORD SOUTH 29 ° 42 ' 33" EAST, 399 • 26 FEET PER DEED); THENCE SOUTH 54°,46'0.9" EAST 606.05 FEET (RECORD SOUTH 54°36'44" EAST, 601.95 FEET PER DEED), TO THE MOST WESTERLY CORNER OF SAID CARPENTER LAND, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING. PAGE 19 Order No. 902518 -50 Dated: December 14. 1988 Map No: • CHlbAGOTITLE COMPANY .~ ~ 1301 Third Ave. San Diego, California 92101 (619)232-4031 Fax: (~19)235-7279 Preliminary Subdivision Report Fee: $500.00 at 7:30 A.M. Subdivision: CARLSBAD TRACT 86-01 For the benefit of the County of San Diego , any City within whlchthe subdivision is located, the Subdivider and the Subdivider's Registered Civil Engineer or Ucensed Land Surveyor. A preliminary examination of those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on a map of the above referenced subdivision received on December 14, 1988 , by Chicago Title Company, herein called the Company, discloses that, at the date hereof, the only parties having-any record title Interest in said land whose signatures are necessary, under the requirements of the SubdiVision Map Act, on the map of said subdivision to be filed with the County Recorder of said County are set forth in Schedule A. This report Is furnished as an accommodation, for the sale purpose of preliminary planning and facilitating the compliance with requirements necessary for the Issuance of a Subdivision Guarantee. It Is understood that the Company's liability Is solely that expressed In such Guarantee, and that no liability separate from or other than the Company's liability under said Guarantee Is assumed by this Report, except that If no GUarantee Is Issued under this Order the amount paid for this Report shall be the maximum liability of the Company. CHICAGO TITLE COMPANY By Title Officer Robert Mohler PSUBFACE -11/[1)/88 ·~ Order No: 902518 -50 • < Dated:December 14, 1988 at7:30 A.M. • Map No: Subdivision: CARLSBAD TRACT 86-01 SCHEDULE A The map hereinbefore referred to is a proposed subdivision of: SEE A~TACHED DESCRIPTION The parties hereinbefore referred to are: GEORGE WIMPEY, INC., a Delaware corporation Exceptions: 1. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1988-89. 1st Installment: Penalty: 2nd Installment: Homeowners .Exemption: Land: Improvements: Personal Property: Code Area: Parcel No: PSUBDIVA-U/OO/88 $416.74 Open (Delinquent) 41. 67 $416.7'4 Open $None $80,000.00 $None $None 09013 Z12-050-22 ·j Order No: 902518 _ 50 • • 1st Installment: Penalty: 2nd Installment: Homeowners Exemption: Land: Improvements: Personal Property: Code Area: Parcel No: 1st Installment: Penalty: 2nd Installment: Homeowners Exemption: Land: Improvements: Personal Property: Code Area: Parcel No: E;4CEPTIONS: $5,209.25 Open (Delinquent) as to each p~cel 520.93 as to each parcel $5,209.25 Open as to each parcel $None as to each parcel $1,000,000.00 as to each parcel $None as to each parcel $None as to each parcel 09162 as to each parcel 212-050-29; 30 $4,011.12 Open (Delinquent) 401.11 $4,011.12 Open $None $770,000.00 $None $None 09162 212-050-34 2. Supplemental Taxes assessed pursuant to the prov~s~ons of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, for the fiscal year 1988-1989. Firs·t Installment: Penalty: Second Installment: Parcel No: First Installment: Penalty: Second Installment: Parcel No: First Installment: Penalty: Second Installment: Parcel No: First Installment: Penal.ty: SUBDIVB -12/15/88 $166.55 (Delinquent Date 12/10/88) $16.66 $166.55 (Delinquent Date 04/10/89) 879-048-18-27 $954.33 (Delinquent Date 12/10/88) $95.43 $954.33 (Delinquent Date 04/10/89) 879-048-18-37 $1,781.28 (Delinquent Date 12/10/88) $178.13 $1,181.28 (Delinquent Date 04/10/89) 879-048'-18-47 $1,014.69 (Delinquent Date 12/10/88) $101.47 1 Or-der No: 902518 _ 50 '. '. EXCEPTIONS: Second Installment: $1.014.69 (Delinquent Date 04/10/89) . Parcel No: 879-048-18-57 3. The Lien of Supplemental Taxes. if any. assessed pursuant to the provision of Senate Bill No. 813 (1983) of the State of California. 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: WILLIAM MC KLINTOCK Road for wagon or truck trail or a narrow gauge railroad May 8, 1933 in Book 265, page 93. Official Records The exact location and extent of said easement is not disclosed of record. Said easement was affected by Quitclaim deed recorded April 17. 1968 as File No. 64424, Official Records and by document recorded August 27. 1970 as File No. 155544. Official Records. Reference is made to said document for full particulars. 5. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the l~ts of Road Survey No. 682 where required for the construction and maintenance of said Road Survey No. 682 as contained in the deed recorded January 5. 1938 in Book 743. page 64 and in Book 727, page 441, both, Official Records. 6. The rights of the public to use as a right-of-way any portion of the herein described land lying within any lawfully dedicated public street or highway. 7. An easement for the purpose shown below and rights incidental thereto as set fortk in a document Granted to: Purpose: Recorded: Affects: SAN DIEGO GAS & ELECTRIC COMPANY Public utilities, ingress and egress October 20, 1948 in Book 2988. page 454, Official Records The route thereof affects a portion of said land as more fully described in said document. 8. An easement for the pUrpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: SUBOlVE -12/15/88 SAN DIEGO GAS & ELECTRIC CO~ANY Public utilities. ingress and egr~ss March 5. 1956 in Book 6003. page 133. Official Records 2 Orli.9r No: 902518 _ 50 • • Affects: EXCEPTIONS: The route thereof affects a portion of &aid land as more fully described in said document. 9. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affect's: SAN DIEGO GAS & ELECTRIC COMPANY Public utilities, ingress and egress September 18, 1962 as File No. 160664, Official Records The route thereot affects a portion of said land as more fully described in said doc~ent. 10. An Agreement dated October 1963, by and between INVESTMENT SECURITIES CORPORATION, a California corporation, and TITLE INSURANCE AND TRUST COMPANY, disclosed by an instrument recorded March 26, 1964 as File No. 55458, Official Records. Reference is made to said document for full particulars. 11. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: CHARLES DAVID KELLY, ET AL Pipeline March 24, 1965 as File No. 52516. Official Records The exact location and extent of said easement is not disclose~ of record. Reference is made to said document for full particulars. 12. An easement for the purpose shown below and rights incidental thereto a's s,et forth in a document Granted to: Purpose: Recorded: Affects: CARLSBAD MUNICIPAL WATER DISTRICT Water pipelines, ingress and egress November 27, 1968 as File No. 208029, Official Records The route thereof affects a portion of said land and is more fully described in said document. Reference is made to said document for full particulars. 13. An easement for the purpose shown below and rights incidental thereto as set forth in a document SUBDIVE -12/15/88 3 Order No: 902518 _ 50 .• • Granted tQ: . Purpose: Recorded: Affects: EXCEPTIONS: BARBARA J. HIGDON Ingress and egress for road purposes December 31, 1969 as File No. 236218, Official Records The route thereof affects a portion of said land and is more fully described in said document. Reference is made to said document for full particulars. 14. The privilege and right to extend drainage structures and excavation and embankment slopes beyon~ the limits of Road Survey No. 1800-1 where required for the construction and maintenance of said Road Survey No. 1800-1 as contained in the deed recorded January 14, 1970 as File No. 7225, Official Records. 15. An Agreement dated March, 1971, by and between TITLE INSURANCE AND TRUST COMPANY, a corporation, as Trustee for IRWIN J. KELLY AND BARBARA JEAN HIGDON, ET AL, disclosed by an instrument recorded September 17, 1971 as File No. 211501, Official Records. Reference is made to said document for full particulars. 16. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: SAN DIEGO GAS & ELECTRIC COMPANY Public utilities, ingress and egress April 10, 1970 as File No. 62701, Official Records The route thereof affects a portion of said land and is more fully described in said document. 17. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose': Recorded: Affects: SAN DIEGO GAS & ELECTRIC COMPANY Public utilities, ingress and egr.ess February 17, 1972 as File No. 39253, Official Records The route thereof affects a portion of said land and is more fully described in said document. 18. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY Public utilities, ingress and egress April 3, 1975 as File No. 75-075385, Official Records The route thereof affects a portion of said land and is more fully described in said document. 19. An easement for the purpose shown below and rights incidental thereto as set SUBDlVE -12/15/88 4 Order No: 902518 _ 50'. • forth in a document Granted to: Purpose: Recorded: Affects: EXCEPTIONS: SAN DIEGO GAS & ELECTRIC COMPANY -~~ Public utilities, ingress and e~ess ,I July 29, 1975 as File NoS75-197553, Official Records The route thereof affects a portion of said land and is more fully described in said document. 20. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: Dated: Trustor: Trustee: Beneficiary: Recorded: $626,080.00 March 28, 1985 TRUST SERVICES OF AMERICA INC., a California corporation, as Trustee under Trust No. 24-5493-00-2 CHICAGO TITtE INStJRANCE COMPANY, a Missouri corporation CARLSBAD UNIFIED. SCH004 DISTRICT May 28, 1985 as File No. 85-186326, Official Records 21. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: CITY OF CARLSBAD Public sewer together with general access for construction and maintenance July 15, 1985 as, File No. 85-251146, Official Records The route thereof affects a portion of said land and is more fully described in said document. 22. An Agreement between Owner-Developer and the City of Carlsbad for the payment of a public facilities fee, recorded November 18, 1985 as File No. 85-434697, Official Records. Reference is made to said document for full particulars. 23. An easement for the purpose shown below and rights incidental thereto as set forth in a document SUBDlVE -12/15/88 Granted to: Purpose: Recorded: Affects: IRWIN J. KELLY AND DOROTHY KELLY To use for faring, residing or camping January 28, 1988 as File No·. 88-042078, Official Records The route thereQf affects a portion of said land and is more fully described in said document. Reference is made to said document for fu1l particulars. END OF SCHEDULE B 5 Ofder No: 902518 • EXCEPTIONS: tj SUBDIVE -12/15/88 6 Policy No. -Page 1 902518 • -50 -- . -' • DESCRIPI'ION That portion of Lot "F" of RANCHO AGUA HEDIONDA, partly within 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 said San Diego County, November 16, 1896, described as follows: COMMENCING at Point 1 of said Lot "F" as shown on said Map, said Point 1, being South 14° 13' 29" East 366.11 feet from centerline Station 414 plus 24.79 of Road Survey 1800-1 as described in that certain deed to the County of San Diego, field in the office of the County Recorder of San Diego County, January 14, 1970 as File No. 7225 of Official Record.'s; thence along the boundary line of said Lot "F" South 25° 00' 29" East 229.43 feet, (Record South 25° 33' 56" East 229.00 feet per Deed), to Point 23 of said Lot, 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 75 of Official Records, in the office of the County Recorder of San Diego County; thence South 1P 48' 43" West 14.~9 feet, (Record South 11° 55' 07" West, 14.42 feet per Deed), along the Westerly boundary of said Carpenter land to the Southwesterly line of El Camino Real, as shown as said Road Survey No. 1800-1; thence continuing along said Westerly boundary ,of said Carpenter land South 11° 39' 13" West 300.69, (Record South 11° 55' 07" West 301.18 feet per Deed); thence South 42° 29' 10" West 373.91 feet, (Record South 42° 59' 32" West 374.50 feet per Deed), to the TRUE POINT OF BEGINNING; thence continuing along said boundary South 42° 38' 34" West 937.98 feet, (Record South 42° 24' 42" West 938.72 feet per Deed), to the begipning of a tangent 600.00 foot radius curve concave Southeasterly,; thence Southwesterly along said curve through a central angle of 26° 00' 25" a distance of 272.35 feet, (Record 269.80 feet per Deed); thence tangent to said curve South 16° 38' 09" West 386.23 feet, (Record South 16° 38' 52" West 386.15 feet per Deed), to the most Westerly corner of land conveyed to James A. Dye, et ux, by Deed fil~d in the office of the County Recorder of said San Diego County, December 31, 1969 as File No. 236219 of Official Records; thence South 89° 59' 34" We,st 1,548.97 feet to a point on the bounciary line of said Lot "F" between Points 4 and 5 of said Lot; thence along said line North 00° 11' 52" East, (Record North 00° 12' 00" East per Deed), 2122.00 feet to said Point 4 of Lot "F"; thnce North 82° 01' 27" West, (Record North 81° 59' 35" West per Deed), 240.34 feet to a point on a line drawn parallel with and distant 100.00 feet measured at right angles from the common boundary line between Lots "F" and "I"; thence along said parallel line North 01° 55' 36" West 450.06, (Record North OP 38' 25" West 445.00 feet per Deed); thence leaving said parallel line North 55° 56' 14" West 123.59 feet, (Record South 55° 33; 25" East per Deed), to the Northeasterly corner of land described in deed to Marvin H. Sippel, et ux, filed in the office of the County Recorder of said San Diego County November 13, 1962 as File No. 193941 6f Official Records; thence along said common line between L6ts land F North OP 55' 56" West, (Record South 01° 54' 38" West per Deed), 670.29 feet to a point in the Southwesterly boundary of El Camino Real); as shown on said Road Survey No. 1800-1, said point also being a point on the arc of a non-tangent 6945.00 foot radius curve concave Northeasterly, a radial line to said curve bears South 23° 39' 21" West; thence Southeasterly along said Southwesterly and the arc of said curve through a central angle of 00° 15' 21" a distance of 31.02 feet; thence South 23° 24' 00" West 18.00 feet; thence South 66° 36' 00" East 150.00 feet; thence North 23° 24' 00" East 18.00 feet; thence South Policy No. ~ Page 2 902518 '. -50 ' • DESCRIPTION 66° 36' OOft East 1428.64 feet to the beginning of a tangent 14,955.00 foot radius curve concave Southwesterly; thence along said curve~hrough a central angle of 02° 39' 31" a distance of 693.95 feet; thence leaving said Southwesterly line South 28° 48' 15 ft West 178.56 feet, (Record South 28° 53' 52ft West 178.31 feet per Deed); thence South 17° 30' 06" East 278.47 feet, (Record South 17° 24' 23" East 278.57 feet per Deed); thence South 29° 38' 12ft East 399.10 feet, (Record South 29° 42' 33 ft East 399.26 feet per Deed); th~nce South 54° 46' 09" East 606.05 feet, (Record South 54° 36' 44" East 601.95 feet per Deed), to the most Westerly corner of said Carpenter land said point also being the TRUE POINT OF BEGINNING. : \.l' .... , \} ",,' • ~ I f\J " ~~ N Dr 4 ~ 2 .', ~ -.... ®. :@~~ • .. , ~~. 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(;) ~ 'I>- '-':l:l '" ~ --I~ • ~' "" ~ t. ~ ~ ~ (\ l/--)~ ~ [~ ;~ ~ ~~ "<: ~" .-;'lj ~~ ~~ ''"' ';. ~.~ ' '" ~~ ~~) "'I '~ "I) ~ \: ~;" ~~ .¥ ~ ~ , §i • '\S efj @ SHT \ ~ • • It' 24 "'9S-'IV, J2~ r,..#~./ .c SL.s.OJ'''()'''(P~ ~ of':f~S;.s4 ~ ~L~,./. , \ ,,~ .'\. , '1 ~ ~~~ ~ ~ 14,28 I'.C { 'J , .' ,0 @. '. '. 6j SHT 2 .. ~, .. p ; ,. OPEN SPACE ESMT. ~~ "-~/ f /\ · W. ~/~ , I\j ~ 1:: ~t'I '., 212-05 } '~t .... :~ I "f '0 , . j " \,' . .-'" . \"~ 400 fA, .". ,,:,' <, t\I ,:< >'<,' El1 " .:,: .. ' '.:' ~.' 6 ~ ~ ~ .. -:.. .',.' ~;; .: '. ~.~ ~ " ... .. .. ~ '. " , (. DETAI L I" 200' J . .. :. '", .. ," ... -~ .:::.: ' ~. , , . '. '~~'" .~ ':,:~ .. '''':~ ~""' .... ~ -..... ~-..•. • w". ~ .... t.;. -; -"J ~~~ i ".=:' : ';;:':~ t '~": - ~ .... J: '\' ~: ,"''( < t,-O:(' "',,,~,' ...-. ~~"'!; ':,:,'-1''':':' ... ~ ~:-.. = .. ~ ., ~':f:;::-:. ! ~~ .~ :'~ '".' :.' :1 " .', . '\., , ' -::-':';".'::;~ '~' ',;:' "J;i, . '~.' .~.":. ~;;~, .~ '~. ~.' . -.'. .,..r~~· ; MAP 823 -RHO AGUA HEDIONDA : POR LOT F . :":i;~-~" • ROS 9670 ' • , , .~~ < ··r~ '0' ~ -" Form 1359 (4/75) CLTA Subdivision Guarantee Form No. 14 SUBDIVISION GUARANTEE SUBDIVISION:CARLSBAD TRACT NO. 91-3 EVANS POINT ORDER NO. 1002410-15 FEE $100.00 First American Title Insurance Company a corporation, GUARANTEES The County of SAN DIEGO and any City within which said subdivision is located in a sum not exceeding $1000.00. That, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication by said map are: SEE A'l'TAClIED EXHIBIT "A" The map hereinbefore referred to is a subdivision of: SEE ATTACHED LEGAL DESCRIPTION Dated: MARCH 8, 1994 AT 7:30 A.M. First American Title Insurance Company BY PRESIDENT BY '~1c-----R ASS~ANT SECRETARY SPANIO /BJW GREG .-_----:-::::w----;:~-·l ~©~nw~ ~ y APR I 3 1994 CiTY OF CARLSBAD L:':~:.:G:.:.:iN_E_E_R_' N_G_C_O_U_N_T...-E ...... R --' EXHIBIT "A" GEORGE WIMPEY, INC., A DELAWARE CORPORATION, AS RECORD OWNER. THE SIGNATURE OF THE COUNTY OF SAN DIEGO, HOLDER OF EAS~MENTS RECORDED JANUARY 5, 1938 IN BOOK 727, PAGE 441, JANUARY 14, 1970 "AS FILE NO. 7225,MAY 21, 1970 AS FILE NO. 88243, OCTOBER 10, 1984 AS FILE NO. 84-384020, ALL OF OFFICIAL RECORDS, HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (a)(3)(A)(i) OF THE SUBDIVISION MAP ACT. THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO FEE TITLE AND SAID SIGNATURE IS NOT REqUIRED BY THE GOVERNING BODY. THE SIGNATURE OF SAN DIEGO GAS AND ELECTRIC COMPANY, HOLDER OF EASEMENTS RECORDED OCTOBER 20, 1948 IN BOOK 2988, PAGE 454, MARCH 5, 1956 IN BOOK 6003, PAGE 133, SEPTEMBER 18, 1962 AS FILE NO. 160664, APRIL 10, 1970 AS FILE NO. 62701, FEBRUARY 17, 1972 AS FILE NO. 39253, JULY 29, 1975 AS FILE NO. 75-197509, JULY 29, 1975 AS FILE NO. 75-197553, AND DECEMBER 15, 1983 AS FILE NO. 83-457391, ALL OF OFFICIAL RECORDS, HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (a)(3)(A)(i) OF THE SUBDIVISION MAP ACT. THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. THE SIGNATURE OF PAUL ECKE ET AL, HOLDER OF EASEMENT RECORDED MARCH 5, 1956 IN BOOK 6002, PAGE 298 OF OFFICIAL RECORDS, HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (a)(3)(A)(i) OF THE SUBDIVISION MAP ACT. THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. THE SIGNATURE OF CARLSBAD MUNICIPAL WATER DISTRICT, HOLDER OF EASEMENT RECORDED NOVEMBER 27,1968 AS FILE NO. 208029 AND RECORDED NOVEMBER 29, 1968 AS FILE NO. 209776, BOTH OF OFFICIAL RECORDS, HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (a)(3)(A)(i) OF THE SUBDIVISION MAP ACT. THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. THE SIGNATURE OF WESTERN LAND AND DEVELOPMENT COMPANY, HOLDER OF EASEMENT RECORDED MAY 24, 1984 AS FILE NO. 84-194455 OF OFFICIAL RECORDS, HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (a)(3)(A)(i: OF THE SUBDIVISION MAP ACT. THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. .. THE SIGNATURE OF THE CITY OF CARLSBAD, HOLDER OF EASEMENT RECORDED JULY 15, 1985 AS FILE NO. 85-251146 OF OFFICIAL RECORDS, HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (a)(3)(A)(i) OF THE SUBDIVISION MAP ACT. THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. THE SIGNATURE OF PACIFIC TELEPHONE AND TELEGRAPH COMPANY, HOLDER OF EASEMENT RECORDED APRIL 3, 1975 AS FILE NO. 75-075835 OF OFFICIAL RECORDS, HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUB- SECTION (a)(3)(A)(i) OF THE SUBDIVISION MAP ACT. THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. .... !\\ .1-: Il I (' -I .!-" ORDER NO. 1002410-15 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "F" OF RANCHO AGUA HEDIONDA, PARTLY WITHIN 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 SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT POINT 1 OF SAID LOT "F" AS SHOWN ON SAID MAP, SAID POINT 1 BEING SOUTH 74°13'29" EAST, 366.11 FEET FROM CENTER LINE STATION 414 PLUS 24.79 OF ROAD SURVEY NO. 1800-1, AS DESCRIBED IN THAT CERTAIN DEED TO THE COUNTY OF SAN DIEGO, FILED IN.THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JANUARY 14, 1970 AS FILE NO. 7225 OF OFFICIAL RECORDS; THENCE ALONG ~HE BOUNDARY LINE OF SAID LOT "F", SOUTH 25°00'29" EAST, 229.43 FEET (RECORD SOUTH 25°33'56" EAST, 229.00 FEET PER DEED), TO POINT 23 OF SAID LOT, 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 75 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY R~CORDER OF SAN DIEGO COUNTY; THENCE SOUTH 11°48'43" WEST, 14.39 FEET (RECORD SOUTH 11°55'07" WEST, 14.42 FEET PER DEED), ALONG THE WESTERLY BOUNDARY OF SAID CARPENTER LAND TO THE SOUTHWESTERLY LINE OF EL CAMINO REAL, AS SHOWN ON SAID ROAD SURVEY NO. 1800-1; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY OF SAID CARPENTER LAND SOUTH 11°39'13il WEST, 300.69 (RECORD SOUTH 11°55'07" WEST, 301.18 FEET PER DEED); THENCE SOUTH 42°29'10" WEST, 373.91 FEET (RECORD SOUTH 42°59'32" WEST, 374.50 FEET PER DEED), TO THE TRUE' POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 42°38'34" WEST, 937.98 FEET (RECORD SOUTH 42°24'42" WEST, 938.72 FEET PER DEED), TO THE BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 26 0 00'25", A DISTANCE OF 272.35 FEET (RECORD 269.80 FEET PER DEED); THENCE TANGENT TO SAID CURVE SOUTH 16°38'09" WEST, 386.23 FEET (RECORD SOUTH 16°38'52" WEST, 386.15 FEET PER DEED), TO THE MOST WESTERLY CORNER OF LAND CONVEYED TO JAMES A. DYE, ET UX, BY DEED FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 31, 1969 AS FILE NO. 236219 OF OFFICIAL RECORDS; THENCE SOUTH 89 ° 59' 34" WEST, 1,548.97 FEET TO A POINT ON THE BOUNDARY LINE OF SAID LOT "F" BETWEEN POINTS 4 AND' 5 OF SAID LOT; THENCE ALONG SAID LINE NORTH 00 ° 11' 52" EAST (RECORD NORTH 00°12' 00" EAST PER DEED), 2,122.00 FEET TO SAID POINT· 4 OF LOT "F"; THENCE NORTH 82°01'27" WEST (RECORD NORTH 81°'59'35" WEST PER DEED), 240.34 FEET TO A POINT ON A LINE DRAWN PARALLEL WITH AND DISTANT 100.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE COMMON BOUNDARY LINE BETWEEN LOTS "F" AND "I"; THENCE ALONG SAID PARALLEL LINE NORTH 01°55'36" WEST, 450.06 (RECORD NORTH 01°38'25" WEST, PAGE 18 lilt ••• '" .. ORDER NO. 1002410-15 445.00 FEET PER DEED); THENCE LEAVING SAID PARALLEL LINE NORTH 55°56'14" WEST, 123.59 FEET (RECORD SOUTH '55°33'25" EAST PER DEED), TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO MARVIN H. SIPPEL, ET UX, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 13, 1962 AS FILE NO. 193941 OF OFFICIAL RECORDS; THENCE ALONG SAID COMMON LINE BETWEEN LOTS I AND F, NORTH 01°55'56" WEST (RECORD SOUTH 01°54'38" WEST PER DEED), 670.29 FEET TO A POINT IN THE SOUTHWESTERLY BOUNDARY OF EL CAMINO REAL, AS SHOWN ON SAID ROAD SURVEY NO. 1800-1, SAID POINT ALSO BEING A POINT ON THE ARC OF A NON-TANGENT 6,~45.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID CURVE BEARS SOUTH 23°39'21" WEST; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 000 15'21", A DISTANCE OF 31.02 FEET; THENCE SOUTH 2.3°24'00" EAST, 18.00 FEET; THENCE SOUTH 66°36'00" EAST, 150.00 FEET; THENCE NORTH 23°24'00" EAST, 18.00 FEET; THENCE SOUTH 66°36'00" EAST, 1,428.64 FEET TO THE BEGINNING OF A TAN(3ENT 14,955.00 FOOT RADIUS CURVE, CONCAVE SOUTHWES,TERLY; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02 0 39'31", A DISTANCE OF 693.95 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE SOUTH 28°48'15" WEST, 178.56 FEET (RECORD SOUTH 28°53'52" WEST, 178.31 FEET PER DEED); THENCE SOUTH 17°30'06" EAST, 278.47 FEET (RECORD SOUTH 17°24'23" EAST, 278.57 FEET PER DEED); THENCE SOUTH 29°38'12" EAST, 399.10 FEET (RECORD SOUTH 29°42'33" EAST, 399.26 FEET PER DEED); THENCE SOUTH 54°46'09" EAST 606.05 FEET (RECORD SOUTH 54°36'44" EAST, 601.95 FEET PER DEED), TO THE MOST WESTERLY CORNER OF SAID CARPENTER LAND, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING. PAGE 19 ., POOR QUALITY ORIGINAL (S) , '. , . Ii ACCOUNT NO. DESCRIPTION AMOUNT o (ll -'?\ ! I) ~ nrr (-x)-'"riB II -:;s \ \ I I b\ '-' . i ~ " I I I. 1 I I I I 1 I I 1 1 I ".<Ie ~ t. .... ~ ''''''' ""I,", ... ,," A, ' 1\,,", I --w~/' &../-'/' ~~ .... V\." "' ... "J I Mist:: 3:iI1 .. &l 1 I I ,I '3} \ I, \ RECEIPT NO. 8771 TOTAL il. . I .,!, .'.. ' ... ~ 1 ;'1' -, _ ~"":.... ) "" •. >; ·.i11 ~~ • l-~,.' i~1>;'~'(, ).,;. .. ",_,~, :~" , ... ~ _.~ " ..... ~.~-t ":'4.,, ';:"'~"":'-_'" .. ~,~ •• _ t:o.J,,-:,: t!-_'~'\'':<''''';''';\O_"'t.~l.·"J>-\,--.f.~;":.,,,~_'k.p. ..... ~:.) ;'ort .,!. ... _~ti .. "'. "':i: ... ~ .. ~~~~"t~;.i.·~ij.~~~lk.'f:'1 .. !~.t4)l-.:1~.:'.:..~4·~~iw ~b~"';."""!.:"'~t"""~'\'''''~'>'''~~'~''''''' • . CITY OF·CARLSBAD .. 1200 CARLSBA LAGE DRIVE CARLSBAD, ~RNIA92008 438-5621·' ACCOUNT NO. DESCRIPTION AMOUNT 5870 ()V()9/ 0001 01 &5 Mbe ,HEllElPT NO. 8890 .... { 'j ,_ .. , t CITY OF CARLSBAD ' . 1200 CARLSi3Atlt.LLAGE DRIVE CARLSBAD, LlFORNIA 92008 REC'D FROM ACCOUNT NO. RECEIPT NO. 3299 438-5621 DESCRIPTION AMOUNT TOTAL )9 9Jd . f 1 1- I 1 ' 1-- 1 I 1- I 1 1- .. ,'" " ... ,.'.-,,_"" .• .:.,.:. .... _. _,,~~ .::.. __ ' .. ~ .. _" ...... :I.. __ t._< '_'...l_--,_",~--=,!,,:,~ ".41.' __ ~_ •••• _. ,_~.,:.,. :""_4""_~~'''''_' _""-,~.~ , • • DISCLOSUT{E STATEMENT APPi.,CANT'S $TU5MEW OF OISCLoaUp.E OF CeRTAiN OWNiRS,Io-fIP INTERESTS ON AU. APPlICATtC'NS WI-lICJwt WILL =leQ'..la~,E :HSCPi£TION ... RY ACTION ON "Ioic PART OF n;e CrT"f COUNClL. O~ ANY "P~OIN'!'!O &O"FlO. COMMISSION OR COMMl'liee t ,~IU" Print} The fOllowing information must be disclosed: 1 . ~ppIJC'nI list the names and addrtssts of all persons having a ftnanclal interest In the applieatlon. George IijwJ?ey, IpC a peJawape cornoration 508 West Missmon Avenue. Suite 105 Escondido, CA 92025 2. OWOlt ......... l.ist the names and address.s Of aU persons having Iny own.rshlp Interest in the property involved. ~~Qrge Wimpey, Inc 5 a Delaware korporatigu 508 West Mission Ayenue. Suite 105 ·Escondido. CA 92025 3. If any person identlflect pursuant to (1) or (2) above I •• corporation or partnerShip. list the names and address.s 01 alllndlvidUII. owning mort than 10% ot the thare. In the corporation or OWiilng any plrtnership intere.t in the partnership. Hamme ~restments InCas, a ~eJaware co*pgratiqA P.o. Box 33608 San Diego , CA _ 92163 4. 11 any perSQn identified pUf'$uant to (1) or (2) above la a non·proftt orQlnlzlltlon or I trust. list the namlS and addr •• see Of any person serving U otnc(tr or director of th. non-proflt orWmization or as trustee Qr benefiCiary 01 tht trust. . ", J W/L -9 J . FRM 13 4/91 Page 1 ef2 ,- 2j2JU[AjJ~~ GEORGE WIMPEY, INC. Nancy O. Durnin' Project Manager \ Morrison Homes Southern Division 508 W, Mission Ave. Suite 105 Escondido, CA 92025 Tel. (619) 741-1884 Fax (619) 745-5127 .' • .... \ "" _____ ______ __ _ _ _ _____ ___ _____ _ __ ___ ___ ---",a..... ---~ -----~-- • (Over) Disclosure Stat.m.nt Plge 2 5. Have you h.d more than $250 worth of business transacted with any member of City staff, Boards Commissions, Committees and Council within the past twelve months? Yes _ No ~ If ye$. ple.se indicate pef1on(s) _______________ _ !"tr.on il ~.1Ined Y. '/I,My inGividuaJ. firm. oOptrt'lttll'lip. 101m ... l'ItIJr •. ~1at1of'l. to¢i,1 011.11;1. fr.!.rnal ~t;'I'\I;.tIQI'I. cor):)¢rltIQn ••• taft. tr\i't, (Ktrver. IYl'lcllo.te. tI'1it and l!'Iy other coumy. oity ."d ClOuM)'. c~ ml.lnicIPal~. dl.tri~ or otrltr ~IItlGaI I".O<!iviiiOI'l. or any other group or cOl'l'lblnQtiol'l ~nQ ... unit.· ; A It;h additional pag" as ntetUary.) I GEORGE WI:: ,Inc. ( a Delawar or oration~ SI!jjnatl.lr. of appl~ntldlt. Print or type name ~ ownlr Print 01' type nam. of aPplicant FRM13 4/91 Page 2 012 RECE I UED FRO~l 01.20.1992 0:3:52 p. 3 , . A • •• •• STA TEMEN T 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. I f 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. Name (Print) FORM: PLANNING 37. REVISED 3/80 Date 'J\Le. PtBl~~\. (~\\\MQ~i'Nl Relationship to Application (Property Owner-Agent) O~Nl2l... • • MEMO Date: MARCH 15, 1991 TO: ANITA RAMOS-BONAS FROM: Don Neu DESCRIPTION: REFUND FOR THE EVANS POINT PROJECT APPLICATIONS ErR 90-1/GPA 89-1/LCPA 90-1/ZC 89-4/CT 89-8/HDP 89-20/SUP 89-1 Please process a refund for the above applications. The letter from the applicant r~questing the refund is attached. The applications were withdrawn because of the state mandated time limits in which a decision must be rendered on a project. The applications have recently been resubmitted, new fees paid and new application numbers assigned .• A 70 percent refund is being given for only the EIR, General Plan Amendment, Local Coastal Plan Amendment, Zone change, Tentative Map, Hillside Development Permit and Special Use Permit applications. The EIA and Public Facilities Fee are not being refunded at all as they are being applied to the new applications. The breakdown is as follows: EIR General Plan Amendment Local Coastal Plan Amendment Zone Change Tentative Tract Map Hillside Development Permit Special Use Permit 70 Percent Refund TOTAL $5,000.00 $1,120.00 $1,500.00 $655.00 $1,310.00 $400.00 $420.00 $10,405.00 $7,283.50 Please process a refund in the amount of $7,283.50 Attachments c: Bobbie Hoder I '~ ij ,.' • Hofman Planning Ass 0 cat e s ~ -\,1 ,:;.-:: ~: _ . February 8, 1991 Don Neu City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 • SUBJECT: SUBJECT: GPA89-lILCPA 90-lIZC 89-4/CT 89-8/HDP 89-20/SUP 89-1 - Evans Point Dear Don: In response to your letter of January 31, 1991, on behalf of the property owner, this letter constitutes a formal request for withdrawal of the above applications. We understand the withdrawal and resubmittal of the application is necessary to avoid provisions of the Government Code which establish strict time limits on the City's authority to act on a project. Per your letter, if the application is not withdrawn, the City would have no choice but to recommend denial of the applicant's request. This position leaves the applicant with no alternative but to withdraw the application. Since your letter also indicated that a 70 percent refund of the original fees paid is allowed, please consider this letter also as a formal request for that refund. Although we would like to resubmit the applications immediately, a delay of a few days is anticipated for the applicant to draw the new fee check. We understand that this minor lapse will not affect the processing of the applications. With the submittal of the new fees and the other information specified in your letter, we understand that the applications will be deemed complete without delay. Thank you for your time and attention to this matter. If you have any questions, please give me a call. Sincerely yours, -.~~~ Lisa King cc: Tony Griffin Nick Arthur Mike Howes Bob Wilkinson John Strohminger Sherri Howard . " . -.-::--_,.::;.. 3~."-7 ...:_ • = ::~ :.: J,:: • =::.: . -- r----10 tfOS-x 7t;f5:::. K}.%3clf~ OF~~~~~BAD ' I.OJ b 10 @"/1200ELMAeUECARLSBAD,CALIFOf._92008 Z 70'" .. 438·5621 . , .' ' ., ,~<'f REC'D FROM ,'--'/;j /-t'( r~ ( ( -/; P-II rI; J t- ACCOUNT NO. DESCRIPTION AMOUNT " /-/'/ );/ " I ( ( RECEIPT NO. 95250 "iO!''':;A\~'';i-.' l'~:-,!~ .. ····\·_·· .. -;··~··, ...... ·:.o ,'" ,. / TOT AL ", ~j:' ( t-,_ ,", ". ~ ".' Jr,' '·· ... "...-... · .. ," .... '-4f? ........... -l'~r ..... \·'., .... ...-;;'\;~~)n;'~ / ... i,:: .... ~,.' .. ';;V')tlt',~~:.r=1t~:t~~:r~:~Ji' •. r\~.:. ~ .. , . I I I I CITY OF CARLSBAD--",", , 1200 ELM k.,-ENUE CARLSBAD, CALIFO ... .,'IA 92008 ,:: 438·5621 . --,~C'DFROM~~·~l.~,}I~~~/J~'~~ .. ~p'~~t~,}~1~~~~~~~,.~)G~~~(l~~2~~~-~~~DATE I ______________ -.-+,~ ___________________ .r,_."~---------- ACCOUNT NO. ".,-, j , ! -"-:;iPT f.JO. 98790 i DESCRIPTION'., " AMOUNT .. " . .. ;., ,~. .' " 05S of) L/)() ()O TOTAL' 'Lj ;---7'~ / I) , ) (, .' '-' ,/ • ,- Hofman Planning Ass 0 cat e S Planning Project Management Fiscal Analysis February 19, 1991 Don Neu City of Carlsbad 2075 Las Palmas Drive Carlsbad CA 92008 SUBJECT: Evans Point -Resubmittal of Applications Dear Don: • Per your letter dated January 31, 1991 the applications for the Evans Point project have been withdrawn. The applications are being resubmitted with the information specified in your letter. Enclosed please find the following four items: 1) a copy of the letter dated February 8, 1991 which requested formal withdraw of the applications; 2) a completed "Land Use Review Application" form; 3) a signed "Statement of Agreement-Tentative Subdivision Map" and 4) a check from the applicant for the new application fees as requested. We understand that the withdraw and subsequent resubmittal of the applications will not delay the processing of the project and that the time frame for the EIR will not be affected. If you have any questions or require additional information please feel free to contact me. Sincerely, d~~r L ' Ki ~ Isa ng LK:JC cc: Tony Griffin Nick Arthur Bob Wilkinson John Strohminger Mike Howes 2386 Faraday Avenue e Suite 120 • Carlsbad • CA 92008 • (619) 438-1465 • Fax: (619) 438-2443 2075 LAS PALM-AS DRIVE CARLSBAD, CA 92009·4859 .' (l[itp of QCadsbab DEVELOPMENT PROCESSING SERVICES DIVISION PUBLIC FACI LlTIES FEE REQUI REMENTS ., '. TELEPHONE (619) 438·1161 City Council Policy No. 17 requires that all developers requesting a discretionary action for a project pay a Public Facilities Fee in the amount of 3.5 percent of the building valuation. The fee is computed by the Building Department and paid at the time the Building Permit is obtained. I n the case of a condominium conversion, the fee is calculated on the building valuation at the time the fee is paid and the fee must be paid prior to obtaining a Final Map on the project. In addition to the above, a completed, signed, and notarized agreement to pay the Public Facilities Fee must be submitted with any applicqtion for a discretionary action. This agreement form should be completed by the Applicant and submitted as follows: 1. Select the appropriate form for either (a) the Developer and Owner are the same party, or (b) the Developer and Owner are different. 2. Fill in the date the agreement is completed; the name and address of the Developer, and Owner, if appropriate, and state if each is an individual, partnership, corporation, etc. 3. Fill in the type of projec~ proposed to be constructed such as, all-unit condiminum or 30,000 square foot shopping center, etc., and the proposed name (if any). 4. Fill in the date the request will be (or was) submitted and the type of request such as, a tentative map, condomini'um permit, or rezoning, etc. 5. Type a short legal description of the property on the last sheet (Exhibit "A"). Legal must be an original. No reproduced copies will be accepted. 6. Sign the form in the presence of a Notary and have the Notary attach an Acknowledgement of Excution to the form. a. I nclude the title of the person signing the form (General Partner, Vice-President, etc.). I f the agreement is signed by a corporate officer, the Corporate Seal must be stamped by the signature. b. Be sure the Notary form is the correct type; Individual, Partnership, or Corporation. 7. Use the attached form as an original. A reproduced copy will ~ot be accepted. Submi.t the orjginal of the agreement and. one (1) copy. 8. A current copy of the prelimin'ary Title Report must accompany each application. The preliminary Title ,Report must have been issued within the last six (6) months. 9. Attach a check for $25.00, payc;lble to IICity of Carlsbad". 7/87 • • RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorder's use Parcel No. ___ -----_____ _ 'AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE· PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREH1ENT is entered into thi s 4th day of January George Wimpey Inc. dba ~ by and between Morrison Homes, Southern Oi vision (Name of Developer-Owner) , 19~9 a_C_o_r_p~o_r_a_t_i __ o_n __ ~ ___ --:-__ , hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is 508 W. Mission Ave., Suite 105, Escondido, CA 92025 (Street) (City, State, Zip'Code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A":, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer p~oposes a development project as follows: REV 3-1-88 . , • on said Property, which development carrie's the proposed name of _____ _ Evans ,Point (CT 86-1) and is hereinafter referred asIDevelopment"; and WHEREAS, Developer fil ed on the 13th. day of January 19.JiQ, with the City a reques t fa r __ .:=.S..!::::ec:::::e~aw,t~t~a~c~h!.!oe~d~E~x~h.L,J..=..!· b~J..",,-· t!.<..-'~' B6!.-" _______ _ hereinafter referred to as "Request"; and WHEREAS, the Publ ic Facil ities Element af the City General Plan requires that the City Council find that all public facilities necessary to. serve a development will be available cancurrent with need ar such develapment shall nat be approved (said element is on. file with the City Clerk and is incarparated by this reference); and WHEREAS, Developer and City recogni ze the carrectness afCaunc.i1 Pali cy No. 17, dated July 28, 1987, on file with the City Clerk and incorporated by, . . this reference, and that the City's public facilities and services are at capacity and will not 'be available to accommodate the addit.ional need for public facilities and services resulting from the praposed Develapment; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently pro.posed; but the Developer is aware that the City cannot and will nat be able to. make any such finding withaut financial assistance to pay for such services and facilities; and therefore D~velaper propases to. help satisfy the General Plan as implemented by Cauncil Pal icy No.. 17 by payment of a public· facilities fee. REV 3-1-88 2 • • NOW THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time; This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18,20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 3.5% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapt~r 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms ··other'construction permits", "other construction permit"oand 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 0 the construction of underground or street improvements unl ess no other permit ios necessary pri or to the use of occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $1,150 for each mobile home space to be constructed pursuant to the request. The fee sha 11 be paid pri or to the -issuance of building or other construction permits for the ~evelopment. This fee shoa·ll be in addition to any fees, dedications or improvements required according to Titles 18, 20, or 21 of the Carlsbad Muni~ipal Code. REV 3-1-88 3 • • 2. The Deveioper may offer to donate a site or sites for publ ic facil ities in 1 ieu of all or part of the financial obl igation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sttes donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carl sbad Mun i c i pa 1 ·Code. 3. Th is agreement and the fee paid pursuant hereto are requ i red to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent wi~h the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by. this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facil Hies and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and service sufficient to accommodate the needs to the Development herein described. REV 3-1-88 4 • • 6. All obligations hereunder shall terminate in the event the Requests made by Developers are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City attention of the City~lanager, postage prepaid and certified. 7.2 If notice given to Developer by personal del ivery thereof to Developer or by depositing the. same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement, shall be binding upon and shall ensure to the benefit of, and shall apply to the respective successors and assigns of Developer and the City, and references to Develop'er City herein shall be deemed to be references to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create alien or security interest in the Property. When th~ obligations of this agreement have been satisfied, City shall record a release. REV 3-1-88 5 • • IN WITNESS WIlEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Morrison Homes, Southern Division (name) By: F ~. C?Q~ ~,c.~.~ ~,\&~~ :C~ .~ . (Title) ---~ By: (Title) ATTEST: ALETHA L. RAUTENKRANZ, City C1 erk APPROVED AS TO FORM: VTt.Jr~t.JT 1= rnmJn{) .1Q STATE OF CALIFORNIA COUNTY OF .. ~ vDtdj/{J' On this 1':2.« CITY OF CARLSBAD, a municipal corporation of the State of Ca 1 iforni a By: MARTIN ORENYAK For City Manager ~~~-::z..:.~~~t-__ , in the year 19 3'-1. or said State, personally appeared _____________ --= _____ , personally known to me ACKNOWLEDGMENT -Corporalion-Wolcolls Form 222CA·X-Rev 5.82 ,,' 1982 WOL COTTS. INC (puce class 8·2) (or proved to me on the basis of satisfactory evidElnce) to be the person who executed the within instrument on behalf, of the Corporation therein named, and acknowledged to me that the Corporation executed it. . WITNESS my hand and official seal., Not~ry Public in and fo • . ,. • EXHIBIT "A" LEGAL DESCRIPTION That portion of Lot "F" of RANCHO AGUA HEDIONDA, partly within the City of Carlsbad, in the County of San Diego, State of California, according to Map thereof No. 823, filed in the County Recorder of said San Diego County, November 16, 1896. REV 3-1-88 7 • • EXHIBIT "B" PROJECT DESCRIPTION 1) . A General Plan Amendment from RL to RLM on 21 acres of land and from RL and RLM to 0-8 on 49.2 acres of land; 2) A Zone Change from L-C (Limited Control) to R-1 and O-S on 128.1 acres of land; and 3) A 263 unit Tentative Tract Map consisting of minimum 7,500 square foot lots on 128.1 acres of land, located on the West side of ,El Camino Rear, between the future extension of Cannon Road and the existing Slippery Rock Road. -~-- r r-' ~~~~~~~~~~~~~1::8ilIl~!I'It.1l\"~T.~ ... ~~I!J&'t1!.-- RMHP P-C EXISTING ZONING , '. PROPOSED ZONING City of Carllbad ~ .. -e'l I RM RM , , ,,: ~ .. RL MIXED MIXID .EXISTING GENERAL PLAN , , PROPOSED GENERAL PLAN I " EVANS' pOINT -Loc.ATJ6J\J CITY OF OCEANSIDE CITY OF ENCINITAS Maria,gement Zone 24 16 ' '0 17 18 en 8 a: "<t ~ ~ u. o >-I- () , m Exhibit 1 _______________________ ~"oc?tion Map ............................................................................................. ~~~ ADl :::::::::-::::::::::::::::::.:::::::::::':::::::::::::::::::::::::::::::::::::::::::::::::::::: ~~~=­ PLANNING :::::::::::::::::::::::: :. •• : I : : : : :: : : : : : : : : : : : : : : :: ""'r-+-'t->r->o.~ ASSOCIATES:::::::::::::::::::::::: ~.9.<;~1. :f~~}!I.t.l~~: M.An~g~)}!.~~.~.~ .. ~:!:::::::::::::::::::::: '-T--f--'I-'\:""'" ••••••••••• 0. eo •••••••••• ft ••••••••••• ft ••• "' •••• I •••••••••••••• ' ••••• f •••• , •••• t •••• ,. ~~n~119n :::::::::::::::::: Zone: :24:::';:: Carlsbad: California:::::::::::: ::::~::::: ~'-I---r-..l.c lOndSCO~~Chlleclu;e ': : : : : : : : : : : : : : : : : : • : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : :: : : : : : : : : : : : : : : : : : : : : :": : : : : : :~~:T1J 2iJ.-J.:#~-+-- 8