Loading...
HomeMy WebLinkAboutCT 92-07; Carlsbad Ranch; Tentative Map (CT)ACTION BY WRITTEN CONSENT BOARD OF DIRECTORS OF CARLTAS MANAGEMENT THE UNDERSIGNED being all of the Directors of Carltas Management, a California corporation (the "Corporation"), hereby adopt the following recitals and resolution by unanimous written consent: RECITALS A. The Corporation is the General Partner of Carltas Company, a California limited partnership ("Carltas"). B. Carltas is the General Partner of Carlsbad Ranch Company, L.P., a California limited partnership ("CRC"). C. CRC is the owner of a portion of the real property known as the Carlsbad Ranch located in the City of Carlsbad (the "City"), State of California. D. The Carlsbad Ranch is intended to be developed in accordance with the uses set forth in the Carlsbad Ranch Amended Specific Plan 207(A) (the "Project"). E. The City requires that the Corporation provide proof of authority to execute any and all agreements and documents required for or in conjunction with the development of the Project. F. Christopher C. Calkins, in his capacity as President of the corporation, is vested with the authority to execute various documents in furtherance of the legitimate business interests of the Corporation, Carltas and CRC. RESOLUTION NOW, THEREFORE, BE IT RESOLVED, that Christopher C. Calkins, as President of the Corporation, is hereby authorized and directed to execute and deliver on behalf of the Corporation, Carltas and CRC any agreements and documents required for or in conjunction with the further development of the Project, with such agreements and documents to contain such terms and conditions as such officer shall in his sole discretion approve, the execution of such by him to constitute conclusive evidence of such approval. pzbetn K. Ecke CERTIFICATION BY SECRETARY I am the Secretary of Carltas Management and I certify that the foregoing Action by Written,,,^"""-"--^ Consent was properly adopted by the Board of Directors. ,X •;. ^ ,,1 ' .-.•• '"• Paul Ecke, III * f ,•• ~ ~•: «. <";••-• . ,,. . « n-' l* *j.: L- . ".- „* n s : • (•:• / '•• ACTION BY WRITTEN CONSENT BOARD OF DIRECTORS OF CB RANCH ENTERPRISES THE UNDERSIGNED being all of the Directors of CB Ranch Enterprises, a California corporation (the "Corporation"), hereby adopt the following recitals and resolution by unanimous written consent: RECITALS A. The Corporation is the owner of a portion of the real property known as the Carlsbad Ranch located in the City of Carlsbad (the "City"), State of California. B. The Carlsbad Ranch is intended to be developed in accordance with the uses set forth in the Carlsbad Ranch Amended Specific Plan207(A) (the "Project"). C. The City requires that the Corporation provide proof of authority to execute any and all agreements and documents required for or in conjunction with the development of the Project. D. Christopher C. Calkins, in his capacity as Vice President of the corporation, is vested with the authority to execute various documents in furtherance of the legitimate business interests of the Corporation. RESOLUTION NOW, THEREFORE, BE IT RESOLVED, that Christopher C. Calkins, as Vice President of the corporation, is hereby authorized and directed to execute and deliver on behalf of the Corporation any agreements and documents required for or in conjunction with the further development of the Project, with such agreements and documents to contain such terms and conditions as such officer shall in his sole discretion approve, the execution of such by him to constitute conclusive evidence of such approval. CUTED: December 27, 1994 ?aul Ecke, Jr. CERTIFICATION BY SECRETARY I am the Secretary of CB Ranch Enterprises and I certify that the foregoing Action by Written Consent was properly adopted by the Board of Directors. ^,nn i :-'j.'^' >"' ••'••• ,\c^ r,.'-zz'.\,'<-'', "~' v F; crereso.doc,. '••, '"/.'- Yv;x . Sde'Kint CHICAGO TITLE COMPANY 925 "B" STREET v SAtf DIEGO, CA 92101 '***' (619)239-6081 Fax: (619) 544-6279 SUBDIVISION GUARANTEE Order No. 976438 -50 Fee: $0.00 Dated: June 15, 1995 at 7:30 A.M. Map No: Subdivision: CARLSBAD TRACT NO. 92-7, CARLSBAD RANCH UNIT 3 CHICAGO TITLE INSURANCE COMPANY --•• 3 ; ^ a corporation, herein called the Company CITY O': ;" 3 c>? -<-> GUARANTEES ENGiNcErij.W COUNTER The County of SAN DIEGO and any City within which said subdivision is located in a sum not exceeding $1,000.00 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 as set forth in Schedule A. Thomas J. Adams Richard L. Pollay Secretary President Authorized Signature SUBFACE - 11/29/88 Order No: , Dated: Subdivision: 976438 June 15, - 50 r -, 1995^at7:3Q A.M.MapNo: Fax Number: (619)544-6292 SCHEDULE A The map hereinbefore referred to is a subdivision of: CARLSBAD TRACT NO. 92-7, CARLSBAD RANCH UNIT 3 BEING A SUBDIVISION OF A PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, AS SHOWN ON RECORD OF SURVEY MAP NO. 12462, FILED DECEMBER 28, 1989 AS FILE NO. 89-704916 OF OFFICIAL RECORDS. The parties hereinbefore referred to are: OWNERS: CARLSBAD RANCH COMPANY, A CALIFORNIA LIMITED PARTNERSHIP EASEMENT HOLDERS: (1) THE SIGNATURES OF SAN DIEGO GAS AND ELECTRIC COMPANY, OWNERS OF AN EASEMENT AS DISCLOSED BY DEED RECORDED AUGUST 19, 1966, AS DOCUMENT NO. 135088; JULY 5, 1972 AS FILE NO. 172981; DECEMBER 8, 1987, AS FILE NO. 87-675367 AND NOVEMBER 1, 1994 AS FILE NO. 1994-0638344, ALL OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURES ARE NOT REQUIRED BY THE GOVERNING BODY. (2) THE SIGNATURES OF CITY OF CARLSBAD, OWNERS OF AN EASEMENT AS DISCLOSED BY DEED RECORDED SEPTEMBER 15, 1988 AS FILE NO. 88-463310; SEPTEMBER 15, 1988 AS FILE NO. 88-463313 AND JULY 15, 1992 AS FILE NO. 1992-0443116, ALL OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURES ARE NOT REQUIRED BY THE GOVERNING BODY. (2) THE SIGNATURES OF CARLSBAD MUNICIPAL WATER DISTRICT, OWNERS OF AN EASEMENT AS DISCLOSED BY DEED RECORDED MAY 15, 1961 AS FILE NO. 83959; MAY 15, 1961 AS FILE NO. 83960; OCTOBER 4, 1990 AS FILE NO. 90-543215 AND APRIL 25, 1994 AS FILE NO. 1994-272435, ALL OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURES ARE NOT REQUIRED BY THE GOVERNING BODY. SUBDIVA-12/22/88 CHICAGO TITLE INSURANCE COMPANY 925 B STREET SAN DIEGO, CALIFORNIA 92101 PHONE: (619) 239-6081 FAX: (619)235-7279 Preliminary Subdivision Report Order No. 976438 -50 Fee: $0.00 Dated: June is, 1995 at 7:30 A.M. Subdivision: CARLSBAD TRACT NO. 92-7, Map No. CARLSBAD RANCH UNIT 3 For the benefit of the County of SAN DIEGO , any City within which the subdivision is located, the Subdivider and the Subdivider's Registered Civil Engineer or Licensed 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 omarch i, 1995 , 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 sole 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 TJTLE INSURANCE COMPANY ^ JJ/}-y! /,By Title Officer TQM VOTEL 544-6234 PSUBFACE-8/5/91-BK SCHEDULE A Order No. 976438 - 50 The map hereinbefore referred to is a proposed subdivision of: CARLSBAD TRACT NO. 92-7, CARLSBAD RANCH UNIT 3 BEING A SUBDIVISION OF A PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, AS SHOWN ON RECORD OF SURVEY MAP NO. 12462, FILED DECEMBER 28, 1989 AS FILE NO. 89-704916 OF OFFICIAL RECORDS. The parties hereinbefore referred to are: CARLSBAD RANCH COMPANY, A CALIFORNIA LIMITED PARTNERSHIP Exceptions: 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1995-96 WHICH ARE A LIEN NOT YET PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 3. AN ASSESSMENT BY THE IMPROVEMENT DISTRICT SHOWN BELOW ASSESSMENT ( OR BOND ) NO: 1 AND 9 SERIES: 86-1 DISTRICT: PALOMAR AIRPORT ROAD FOR: STREET IMPROVEMENTS PSUBDIVA-6/5/91-BK EXCEPTIONS Pa&e 2 (Continued) Order No. 976438 so BOND ISSUED: AUGUST 31, 1988 SAID ASSESSMENT IS COLLECTED WITH THE COUNTY/CITY PROPERTY TAXES. A REPORT ON SAID TAXES AND ASSESMENTS HAS BEEN ORDERED. WE WILL SEND A TAX SUPPLEMENT WHEN IT IS RECEIVED. 4. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SUCH MATTERS ARE SHOWN BY THE PUBLIC RECORDS. 5 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CARLSBAD MUNICIPAL WATER DISTRICT PURPOSE: PIPELINE OR PIPELINES RECORDED: MAY 15, 1961 AS FILE NO. 83959, OFFICIAL RECORDS AFFECTS: 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. 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CARLSBAD MUNICIPAL WATER DISTRICT PURPOSE: INGRESS AND EGRESS RECORDED: NOVEMBER 15, 1961 AS FILE NO. 83960, OFFICIAL RECORDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. 7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: AUGUST 19, 1966 AS FILE NO. 135088, OFFICIAL RECORDS AFFECTS: 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. 8. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY EXCPTNSC-02/27/92-lrc EXCEPTIONS Pa&e 3 (Continued) Order No. 976438 so PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: JULY 5, 1972 AS FILE NO. 172891, OFFICIAL RECORDS AFFECTS: 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. 9. A LAND CONSERVATION CONTRACT FOR THE ECKE (CARLTAS) AGRICULTURAL PRESERVE NO. 76-1, DATED FEBRUARY 10, 1976, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN, EXECUTED BY AND BETWEEN THE CITY OF CARLSBAD AD CARLTAS CORPORATION, RECORDED MARCH 1, 1976 S FILE NO. 76-059758 OF OFFICIAL RECORDS. AND AS MODIFIED BY AN INSTRUMENT RECORDED DECEMBER 29, 1988 AS FILE NO. 88-672971 OF OFFICIAL RECORDS. A NOTICE OF NON-RENEWAL RECORDED OCTOBER 4, 1991 AS FILE NO. 1991-0514807 OF OFFICIAL RECORDS. A MODIFICATION OF SAID CONTRACT RECORDED APRIL 21, 1993 AS FILE NO. 1993-0243908, OFFICIAL RECORDS. AND A MODIFICATION OF SAID CONTRACT RECORDED MAY 7, 1993 AS FILE NO. 1993-0286978, OFFICIAL RECORDS. 10. THE FACT THAT SAID LAND LIES WITHIN THE BOUNDARIES OF ASSESSMENT DISTRICT NO. 86-1 AS DISCLOSED BY INSTRUMENT RECORDED JANUARY 29, 1986 AS FILE NO. 86-037400 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 11. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: JULY 10, 1986 BY AND BETWEEN: CITY OF CARLSBAD, AND CARLTAS CO., A CALIFORNIA CORPORATION RECORDED: AUGUST 14, 1986 AS FILE NO. 86-349359 OF OFFICIAL RECORDS REGARDING: REIMBURSEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 12 . AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: AUGUST 3, 1987 BY AND BETWEEN: CITY OF CARLSBAD AND CARLTAS DEVELOPMENT COMPANY RECORDED: SEPTEMBER 1, 1987 AS FILE NO. 87-496010 OF OFFICIAL RECORDS REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE EXCPTNSC-02/27/92-lre EXCEPTIONS (Continued) Order No. 976438 so 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 GRANTED TO: SAN DIEGO GAS & ELECTRIC COMPANY PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: DECEMBER 8, 1987 AS FILE NO. 87-675367, OFFICIAL RECORDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 14. A COVENANT AND AGREEMENT EXECUTED BY: CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP IN FAVOR OF: CALIFORNIA COASTAL COMMISSION RECORDED: MAY 11, 1988 AS FILE NO. 88-220104, OFFICIAL RECORDS WHICH AMONG OTHER THINGS PROVIDES: FOR DEVELOPMENT OF PROPERTY AND AGRICULTURAL DEED RESTRICTION 15 . AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: MAY 6, 1988 BY AND BETWEEN: CARLTAS DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION AND CITY OF CARLSBAD RECORDED: MAY 11, 1988 AS FILE NO. 88-222132 OF OFFICIAL RECORDS REGARDING: GRADING 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: CITY OF CARLSBAD PURPOSE: PUBLIC UTILITY RECORDED: SEPTEMBER 15, 1988 AS FILE NO. 88-463310, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. SAID INSTRUMENT ADDITIONALLY CONTAINS THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE EXCPTNSC-02/27/92-lre EXCEFHONS (Continued) Order No. 976438 so LIMITS OF THE ABOVE DESCRIBED RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 17. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CITY OF CARLSBAD PURPOSE: FLOOD DRAINAGE CHANNEL RECORDED: SEPTEMBER 15, 1988 AS FILE NO. 88-463313, OFFICIAL RECORDS AFFECTS: 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. 18. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: MAY 26, 1988 BY AND BETWEEN: CITY OF CARLSBAD AND CARLTAS CO., A CALIFORNIA LIMITED PARTNERSHIP RECORDED: NOVEMBER 1, 1988 AS FILE NO. 88-557947 OF OFFICIAL RECORDS REGARDING: REIMBURSEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 19. A COVENANT AND AGREEMENT EXECUTED BY: CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP IN FAVOR OF: CITY OF CARLSBAD RECORDED: JULY 5, 1989 AS FILE NO. 89-354161, OFFICIAL RECORDS WHICH AMONG OTHER THINGS PROVIDES: FOR OPEN SPACE EASEMENT AND USAGE OF THE HEREIN DESCRIBED PROPERTY. A PORTION OF SAID EASEMENT WAS QUITCLAIMED BY DOCUMENT RECORDED APRIL 3, 1995 AS FILE NO. 1995-0138117. 20. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CARLSBAD MUNICIPAL WATER DISTRICT PURPOSE: DRAINAGE DITCHES AND STRUCTURES RECORDED: OCTOBER 4, 1990 AS FILE NO. 90-543215, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND EXCPTNSC-02/27/92-lrc EXCEPTIONS (Continued) Order No. 976438 so IS MORE FULLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 21. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: JUNE 25, 1991 BY AND BETWEEN: CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP AND CITY OF CARLSBAD RECORDED: AUGUST 5, 1991 AS FILE NO. 1991-0390279 OF OFFICIAL RECORDS REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 22. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CITY OF CARLSBAD PURPOSE: TRAFFIC SIGNAL MAINTENANCE RECORDED: JULY 15, 1992 AS FILE NO. 1992-0443116, OFFICIAL RECORDS AFFECTS: 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. 23 . AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: SEPTEMBER 14, 1992 BY AND BETWEEN: CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD RECORDED: OCTOBER 20, 1992 AS FILE NO. 1992-0667486 OF OFFICIAL RECORDS REGARDING: THE PAYMENT OF A PUBLIC FACILITIES FEE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 24. RECORD OF SURVEY MAP NO. 13995, RECORDED NOVEMBER 25, 1992 WHICH DISCLOSES VARIANCES FROM THE RECORD LEGAL DESCRIPTION OF SAID LAND. REFERENCE IS MADE TO SAID MAP FOR FURTHER PARTICULARS. 25. RIGHTS OF THE PARTIES IN POSSESSION OF SAID LAND BY REASON OF UNRECORDED LEASES. 26. CITY OF CARLSBAD AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) FOR COMMUNITY FACILITIES DISTRICT NO. 1, ANNEXATION NO. 1, STATE OF CALIFORNIA RECORDED JANUARY 3, 1994 AS FILE NO. 1994-0002008, OFFICIAL RECORDS. EXCFTNSC-02/27/92-lrc EXCEPTIONS (Continued) Order No. 976438 so 27. AN UNRECORDED LEASE WITH CERTAIN TERMS, COVENANTS, CONDITIONS AND PROVISIONS SET FORTH THEREIN LESSOR: CARLTAS CO. LESSEE: MELLANO & CO. DISCLOSED BY: AMENDMENT TO FINANCING STATEMENT RECORDED: FEBRUARY 23, 1994 AS FILE NO. 1994-0120871, OFFICIAL RECORDS THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. 28. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CARLSBAD MUNICIPAL WATER DISTRICT PURPOSE: THE CONSTRUCTION, OPERATION, REPAIR, RECONSTRUCTION AND ALL ACTIVITIES NECESSARY TO CONTRUCT, RECONSTRUCT, OPERATE, MAINTAIN AND REPAIR FACILITIES DESIGNED FOR THE GENERAL PURPOSE OF COLLECTING, STORING, TRANSPORTING, PUMPING AND TREATING ALL WATER, INCLUDING SURFACE WATER, STREAM WATER, FLOOD WATER AND GROUND WATER FLOWING INTO SAID FACILITIES AND ALL NATURAL AND ARTIFICIAL DRAINAGE DITCHES AND STRUCTURES OF ANY KIND, WHETHER ABOVE OR BELOW THE SURFACE OF THE GROUND. RECORDED: APRIL 25, 1994 AS FILE NO. 1994-0272435, OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. 29. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: JULY 5, 1994 BY AND BETWEEN: CARLTAS COMPANY AND CITY OF CARLSBAD RECORDED: JULY 20, 1994 AS FILE NO. 1994-0449965 OF OFFICIAL RECORDS REGARDING: AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 30. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: THE COUNTY OF SAN DIEGO EXCPTNSC-02/27/92-lrc EXCEPTIONS (Continued) Order No. 976438 so PURPOSE: TEMPORARY EASEMENT (NOISE MONITORING STATION) RECORDED: NOVEMBER 1, 1994 AS FILE NO. 1994-0638344, OFFICIAL RECORDS AFFECTS: THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. 31. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: JULY 14, 1994 BY AND BETWEEN: CARLSBAD RANCH COMPANY, A CALIFORNIA LIMITED PARTNERSHIP AND LEGO PARK PLANNING, INC., A CALIFORNIA CORPORATION RECORDED: DECEMBER 16, 1994 AS FILE NO. 1994-0716591 OF OFFICIAL RECORDS REGARDING: MEMORANDUM OF OPTION AGREEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 32. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: JULY 14, 1994 BY AND BETWEEN: CARLSBAD RANCH COMPANY, A CALIFORNIA LIMITED PARTNERSHIP AND LEGO PARK PLANNING, INC., A CALIFORNIA CORPORATION RECORDED: DECEMBER 16, 1994 AS FILE NO. 1994-0716592 OF OFFICIAL RECORDS REGARDING: MEMORANDUM OF RIGHT OF FIRST OFFER REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 33. AN OPEN SPACE DEED RESTRICTION, EXECUTED BY CARLSBAD RANCH COMPANY, A CALIFORNIA LIMITED PARTNERSHIP AND CB RANCH ENTERPRISES, A CALIFORNIA CORPORATION, IN FAVOR OF THE CALIFORNIA COASTAL COMMISSION, RECORDED MARCH 14, 1995 AS FILE NO. 1995-0106621. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 34. AN INSTRUMENT ENTITLED DEED RESTRICTION, EXECUTED BY CARLSBAD RANCH COMPANY, A CALIFORNIA LIMITED PARTNERSHIP AND CB RANCH ENTERPRISES, A CALIFORNIA CORPORATION, IN FAVOR OF THE CALIFORNIA COASTAL COMMISSION RECORDED MARCH 14, 1995 AS FILE NO. 1995-0106622. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 35. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: MAY 24, 1995 BY AND BETWEEN: CARLSBAD RANCH COMPANY, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND CITY OF CARLSBAD RECORDED: JUNE 12, 1995 AS FILE NO. 1995-0245821 OF OFFICIAL EXCPTNSC-O2/27/92-lrc EXCEPTIONS Page 9 (Continued) Order No. 976438 so RECORDS REGARDING: HOLD HARMLESS AGREEMENT DRAINAGE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 36. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: MAY 24, 1995 BY AND BETWEEN: CARLSBAD RANCH COMPANY, L.P., A CALIFORNIA LIMITED PARTNERSHIP AND CITY OF CARLSBAD RECORDED: JUNE 12, 1995 AS FILE NO. 1995-0245822 OF OFFICIAL RECORDS REGARDING: HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. END OF SCHEDULE A NOTE NO. 1: THE REQUIREMENT THAT A COPY OF THE PARTNERSHIP AGREEMENT OF CARLSBAD RANCH COMPANY BE FURNISHED TO THIS COMPANY, TOGETHER WITH ALL SUPPLEMENTS, AMENDMENTS, ETC., THERETO. NOTE NO. 2: THE REQUIREMENT THAT THERE BE FILED IN THE OFFICE OF THE SECRETARY OF STATE A CERTIFICATE OF LIMITED PARTNERSHIP IN COMPLIANCE WITH THE PROVISIONS OF THE "CALIFORNIA REVISED LIMITED PARTNERSHIP ACT", SECTION 15611 ET SEQ, CORPORATION CODE AND THAT A CERTIFIED COPY THEREOF BE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THIS COUNTY. CARLSBAD RANCH COMPANY, A CALIFORNIA LIMITED PARTNERSHIP NOTE NO. 3: THE REQUIREMENT THAT A COPY OF THE PARTNERSHIP AGREEMENT OF CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP BE FURNISHED TO THIS COMPANY, TOGETHER WITH ALL SUPPLEMENTS, AMENDMENTS, ETC., THERETO. CM 1AMEND/JSD 2ND AMD/CM EXCPTNSC-02/27/92-lre c LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the lano or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records Reorder Form No. 12599 (Rev. 2/93) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorney's fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to the violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice ot exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title 5. Lack of a right: • to any land outside the area specifically described and referred to in item 3 of Schedule A. or • in streets, alleys, or waterways that touch your land This exclusion does not lirnit the access coverage in Item 5 of Covered Title Risks. o AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6: Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or : (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.