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
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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
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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.