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Home My WebLink AboutCT 92-07; CARLSBAD RANCH; Tentative Map (CT) (3)'~J~---.-------------------• • '-.. ---Cl1Y OF CARLSBAD LAND USE REVIEW APPUCATION FOR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT (FOR DEPT USE ONLy) USE ONLY) 0 Master Plan 0 General Plan Amendment 0 Specific Plan 0 Local Coastal Plan Amendment 0 Precise Development Plan 0 Site Development Plan fi Tentative Tract Map (T 92,-7 0 Zone Change 0 Planned Development Permit 0 Conditional Use Permit 0 Non-Residential Planned Development )4XJ Hillside Development Pemtit 1/lJ)/ 1)-// 0 Condominium Pemtit 0 Environmental Impact Assessment 0 Special Use Permit 0 Variance 0 Redevelopment Permit 0 Planned Industrial Permit 0 Tentative Parcel Map 0 Coastal Development Permit 0 Administrative Variance 0 Planning Commission Determination 0 List any other applications not specificed 2) LOCATION OF PROJECT: ON TIlE East SIDE OF Car Count-..ry Drive (NORTIl, SOUTIl EAST, WES1) ~ __________________ ~(NAMEOFSTREET) BE1WEEN IPalomar Airport RJ (NAME OF STREET) AND Icannon Road (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: 4) ASSESSOR PARCEL NO(S). 5) LOCAL FACILITIES MANAGEMENT ZONE 8) EXISTING ZONING 11) PROPOSED NUMBER OF RESIDENTIAL UNITS Portion Lot H of Rancho A~ua 211-010-25, 211-021-18( 19, 27, .28, 29, & 26 '-1-3 ---'16) EXISTING GENERAL PLAN I ~ T8 1 7) PROPOSED GENERAL PLAN BEc?B PI L..-_----l DESIGNATION DESIGNATION ' E-A I LC O . ...; -sQ 19) PROPOSED ZONING g=~ I ~-: I ~~~gis SITE I 428 o 0-8 1112) PROPOSED NUMBER ~OFLOTS 1113) 'Ii'PE OF SUB OMS ION ~ (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS 0 '---~----I 15)PROPOSEDINDUSTRIAL OFFICE/SQUARE FOOTAGE 1 f 110,000 116) PROPOSED COMMERCIAL SQUARE FOOTAGE 1220,000 ~J/280 nOtr:~J. Rooms N<Ym: ~~~~~=~-:===~:m~;~~~;~~"'~4A;:~~=168190 #2- cm OF CARLSBAD LAND USE REVIEW APPUCATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJEcr IN OPEN SPACE 9.0% 18) PROPOSED SEWER USAGE IN EQUIVALENT DWEWNG UNITS 2,131 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 138,090 IADT 20) PROJECT NAME: Carlsbad Ranch 21) BRIEF DESCRIPTION OF PROJECT: Major mixed use subdivision into 17 lots consistin of office commercial hotel 0 22) IN THE PROCESS OF IT MAY BE NECESSARY FOR MEMBERS OF cm STAFF, PLANNING COIMM]~fmlp:RS, BOARD MEMBERS, OR cm COUNCIL MEMBERS TO INSPECT AND ENTER THE '-" ... 1=1"-1..10,.., OF THIS APPUCATION. I!WE CONSENT TO ENTRY FOR THIS PURPOSE ~~-;r-~~~~~~========Icarltas Company, A Limited Partnership Calkins 23) .OWNER NAME (PRINT OR TYPE) Carl tas Company MAIUNG ADDRESS 5600 Avenida Encinas, Suite 100 24) APPUCANT NAME (PRINT OR TYPE) Same MAIUNG ADDRESS CITI AND STATE ZIP TELEPHONE cm AND STATE ZIP TELEPHONE Carlsbad,. CA 92008 (619) 431-5600 A Limited Partnershi~ DATE 9/21/92 by Christopher Calki s FEE COMPUTATION: APPUCATION TYPE FEE REQUIRED SEP 2 1 1992 DATE STAMP APPUCATION RECEIVED RECEIVED BY: I P. Of.' ( "'- TOTAL FEE REQUIRED DATE FEE PAID RECEIPT NO. ~ • • City. of Carlsbad _ U fn" h' .t.i.ID.E';' ,.tijhl DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Please Pflnt) The following information must be disclosed: 1. Applicant /Oimer List the names and addresses of all persons having a financial interest in the application. Paul Ecker Jr. 441 Saxony Rd., Encinitas, CA 92024 Elisebeth K. Ecke Same as above Paul Ecke III ~~~1I~~~~------------------ Lizbeth Ecke " Sara Ecke May " 2. Owner List the names and addresses of all persons having any ownership interest in the property inv.olved. Same as above Same as above ~~~~~~------------------ 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. None 4. If any person identifted pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. . None SEP~ FRMOOO13 8/90 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 -.-------"~. ~-.- • • .. (Over) Disclosure Statement Page 2 5. Have you had 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 yes, please indicate person(s) _____ .......... ____________ ---_ ~ is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate. trust. receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as a unit.' (NOTE: Attach additional pages as necessary.) Carltas / ;;i~ 7~ Z/~1':?- / 'Signature of applicant/date . V . ~RF'/ J )/;fZJ#L'-~,-- Print or type name of applicant 1/7~ . by Christopher Calkins Print or type name of owner Manager --,' \ . : FRMOOO13 8/90 • • PROJECT DESCRIPTION/EXPLANATION SEP 2 1 1992 Carlsbad Ranch APPLICANT NAME: __ C_ar_l t_a_s_Co_ffi_p_an_y ________________ _ Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet jf necessary. Description/Explanation. The Carlsbad Ranch Tentative Map area is approximately 428 acres in size. The site lies approximately two miles south of the central business district in the northwest quadrant of the City of Carlsbad. The property, included in Local Facilities Management Plan (LFMP) Zone 13, is generally located north of Palomar Airport Road, south of future Cannon Road, and east of Paseo del Norte. The Carlsbad Ranch is located at the approximate geographic center of the City's north-south limits along the I-5 corridor. The Carlsbad Ranch is located within the City of Carlsbad corporate boundary and is wi thin the Coastal Zone, as defined by the California Coastal Commission. As such, the proposed project site is subject to the policies and ordinances of the City of Carlsbad and the California Coastal Act of 1972. The Carlsbad Ranch site has been owned by the Ecke family since the 1950s, during which time the site has been in continuous agricultural production. Presently, approximately 330.9 acres of the property are under a Williamson Act agricultural preserve contract. A notice of non- renewal was filed in 1991 on the Williamson Act contract, thus limiting development of this property until at least January I, 2002. The Carlsbad Ranch Tentative Map includes the Carlsbad Ranch Specific Plan and proposes to develop a total of 97 acres which is divided into two areas: a small area of approximately 15 acres along Paseo del Norte and a larger area of approximately 82 acres (which includes about 4 acres for roads) along the western ridge of the site. Additionally, 24.5 acres on the eastern edge of the development along the ridge would be used as a driving range. The remaining 306.4 acres would continue to be used for agriculture. The Tentative Map consists of 17 proposed lots. Lots 13, 14, 15 and 16 will be remainder parcels and therefore no discretionary approvals are sought at this time. Specific Plan 207 is currently being processed for the property. A site development plan is not being applied for with this application. When applications for site development permits are made, the site development plans shall follow the guidelines of the Specific Plan. Also, included in the application is a Hillside Development Permit Application. Rev. 4/91 ProjOesc.frm \ by S TAT EM EN T 0 FAG R E E.\1 E NT 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 .\1aps 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 o'ther approvals which are prerequisites to the map; i. e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the applica tion was accepted as complete to properly review all of the applica tions. Christopher Calkins, Manager Name (Print) o FORM:~ PLANNI~C 37. REVISED 3/80 .' Date OWner Relationship to Application (Property Owner-Agent) J -• STEWART TITLE COMPANY OF SAN DIEGO 7676 HAZARD CENTER DRIVE 7TH FLOOR SAN DIEGO, CALIFORNIA 92108 (619) 692-1600 (619) 436-3002 (619) 743-3821 PRELIMINARY TITLE REPORT SEPTEMBER 16, 1992 CARLTAS COMPANY YOUR NO. CARLSBAD RANCH T.M. 5600 AVENIDA ENCINAS CARLSBAD, CA 92009 OUR NO. 10-120830 LOAN REF: ATTENTION: JOHN WHITE IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, STEWART TITLE COMPANY OF SAN DIEGO HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE BY STEWART TITLE GUARANTY COMPANY, DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM POLICY OR POLICIES ARE SET FORTH HEREIN. FORMS SHOULD BE READ. THEY ARE AVAILABLE ISSUED THIS REPORT. THE COVERAGE OF SAID COPIES OF THE POLICY FROM THE OFFICE WHICH THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE IPlt~r~r:~VED POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHdij~BE REQUESTED. SEP 2 1 1992 DATED AS OF SEPTEMBER 15, 1992 AT 7:30 A.M. 10-120830 THE FORM OF THE POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY SCHEDULE A 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP 10-120830 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: ALL THAT 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, 1892, AS SHOWN ON RECORD OF SURVEY MAP NO. 12462, FILED DECEMBER 28, 1989 AS FILE NO. 89-704916 OF OFFICIAL RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ~T THE SOUTHEAST CORNER OF SAID RECORD OF SURVEY MAP NO. 12462; THENCE ALONG THE BOUNDARY THEREOF SOUTH 70°46'03" WEST 582.98 FEET (RECORD SOUTH 70°45'53" WEST 582.66 FEET) TO THE BEGINNING OF A TANGENT 1950 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21°23'39" A DISTANCE OF 728.13; THENCE TANGENT TO SAID CURVE NORTH 87°50'18" WEST (RECORD NORTH 87°50'28" WEST) 2069.16 FEET TO THE INTERSECTION OF THE NORTHERLY LINE OF PALOMAR AIRPORT ROAD AND THE EASTERLY LINE OF PASEO DEL NORTE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 12462; THENCE CONTINUING ALONG THE BOUNDARY THEREOF, NORTH 2°09'22" EAST 177.14 FEET (RECORD NORTH 2°09'37" EAST 177.29 FEET) TO THE BEGINNING OF A TANGENT 643 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 79°59'43" A DISTANCE OF 897.71 FEET (RECORD 79°58'45", 897.56 FEET); THENCE TANGENT TO SAID CURVE NORTH 77°50'21" WEST 99.98 FEET (RECORD 100.00 FEET) TO THE BEGINNING OF A TANGENT 557 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55·20'50" A DISTANCE OF 538.07 FEET; THENCE TANGENT TO SAID CURVE NORTH 22°29'26" WEST 828.00 FEET (RECORD NORTH 22°29'10" WEST 828.02 FEET); THENCE NORTH 67°30'34" EAST 5.15 FEET (RECORD NORTH 67°30'50" EAST 5.20 FEET) TO THE BEGINNING OF A NON-TANGENT 25.00 FOOT RADIUS CURVE, A RADIAL LINE TO SAID POINT BEARS SOUTH 67°30'34" WEST (RECORD SOUTH 67°30'50" WEST); THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'03" (RECORD 89°59'47") 39.27 FEET; THENCE TANGENT TO SAID CURVE NORTH 67°30'37" EAST 410.18 FEET (RECORD 410.14 FEET) TO THE BEGINNING OF A TANGENT 336.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°59'58" A DISTANCE OF 527.78 FEET (RECORD 89°59'59", 527.79 FEET); THENCE TANGENT TO SAID CURVE NORTH 22°29'21" WEST -1- 10-120830 61.40 FEET (RECORD NORTH 22°29 1 22" WEST 61.43 FEET) TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33°55 1 23" A DISTANCE OF 5.92 FEET TO THE BEGINNING OF A REVERSE 107.50 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33°55 1 23" A DISTANCE OF 63.65 FEET; THENCE TANGENT TO SAID CURVE NORTH 22°29 1 21" WEST 79.98 FEET (RECORD NORTH 22°29 1 22" WEST 80.00 FEET) TO THE BEGINNING OF A TANGENT 107.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33°55 1 23" A DISTANCE OF 63.65 FEET TO THE BEGINNING OF A REVERSE 10.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33°55 1 23" A DISTANCE OF 5.92 FEET; THENCE TANGENT TO SAID CURVE NORTH 22°29 1 21" WEST 338.91 FEET (RECORD NORTH 22°29 1 22" WEST 338.85 FEET) TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33°55 1 23" A DISTANCE 5.92 FEET TO THE BEGINNING OF A REVERSE 107.50 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33°55 1 23" A DISTANCE OF 63.65 FEET; THENCE TANGENT TO SAID CURVE NORTH 22°29 1 21" WEST 79.96 FEET (RECORD NORTH 22°29 1 22" WEST 80.00 FEET) TO THE BEGINNING OF A TANGENT 107.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33°55 1 23" A DISTANCE OF 63.65 FEET TO THE BEGINNING OF A REVERSE 10.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33°55 1 23" A DISTANCE OF 5.92 FEET; THENCE TANGENT TO SAID CURVE NORTH 22°29 1 21" WEST 338.90 FEET (RECORD NORTH 22°29 1 22" WEST 338.85 FEET), TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33°55 1 23" A DISTANCE OF 5.92 FEET TO THE BEGINNING OF A REVERSE 107.50 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33°55 1 23" A DISTANCE OF 63.65 FEET; THENCE TANGENT TO SAID CURVE NORTH 22°29 1 21" WEST 79.96 FEET (RECORD NORTH 22°29 1 22" WEST 80.00 FEET) TO THE BEGINNING OF A TANGENT 107.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33°55 1 23" A DISTANCE OF 63.65 FEET TO THE BEGINNING OF A REVERSE 10.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33°55 1 23" A DISTANCE OF 5.92 FEET; THENCE TANGENT TO SAID CURVE NORTH 22°29 1 21" WEST 234.47 FEET (RECORD NORTH 22°29 1 22" WEST 234.48 FEET) TO THE BEGINNING OF A TANGENT 264.00 FOOT RADIUS QURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 63°41 1 03" A DISTANCE OF 293.44 FEET; THENCE TANGENT TO SAID CURVE NORTH 41°11 1 42 11 EAST 99.98 FEET (RECORD NORTH 41°11 1 41" EAST 100.00) TO THE BEGINNING OF A TANGENT 336.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE -2- 10-120830 THROUGH A CENTRAL ANGLE OF 29°40'25" A DISTANCE OF 174.02 FEET (RECORD 29°40'24", 174.01 FEET); THENCE TANGENT TO SAID CURVE NORTH 11°31'17" EAST 73.96 FEET (RECORD 74.00 FEET) TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°59'58" (RECORD 90°00'00") A DISTANCE OF 39.27 FEET; THENCE RADIAL TO SAID CURVE NORTH 11°31'15" EAST (RECORD NORTH 11°31'17" EAST) 51.00 FEET TO A POINT ON THE NORTH LINE OF THAT CERTAIN 423.512 ACRE PARCEL DESIGNATED AND DELINEATED AS THE "CARLTAS COMPANY" LAND ON SAID RECORD OF SURVEY MAP NO. 12462; THENCE ALONG SAID NORTH LINE SOUTH 78°28'45" EAST 1286.73 FEET (RECORD SOUTH 78°28'43" EAST 1286.67 FEET) TO THE BEGINNING OF A TANGENT 2000 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6°24'58" A DISTANCE OF 223.96 FEET (RECORD 6°24'19", 223.59 FEET); THENCE TANGENT TO SAID CURVE SOUTH 84°53'43" EAST 2170.86 FEET (RECORD SOUTH 84°53'03" EAST 2171.00 FEET) TO THE BEGINNING OF A TANGENT 2000 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°47'39" A DISTANCE OF 481.51 FEET (RECORD 13°48'19", 481.89 FEET); THENCE TANGENT TO SAID CURVE NORTH 81°18'38" EAST 321.54 FEET TO A POINT ON THE EASTERLY LINE OF SAID RECORD OF SURVEY MAP NO. 12462; THENCE ALONG SAID EASTERLY LINE, SOUTH 0°03'30" WEST (RECORD SOUTH 0°30'59" WEST) 1465.21 FEET; THENCE NORTH 89°56'30" WEST 120.00 FEET; THENCE SOUTH 0°03'30" WEST 160.00 FEET; THE SOUTH 89°56'30" EAST 120.00 FEET; THENCE SOUTH 0°03'30" WEST (RECORD SOUTH 0°03'59" WEST) 110.00 FEET; THENCE SOUTH 0°01'19" WEST 2333.28 FEET (RECORD SOUTH 0°02'00" WEST 2332.51 FEET) TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SAID LOT "H" LYING EASTERLY OF THE EASTERLY LINE OF THAT CERTAIN 86 FOOT WIDE EASEMENT FOR PUBLIC ROAD PURPOSES (KNOWN AS PASEO DEL NORTE) AS DEEDED TO THE CITY OF CARLSBAD, NOVEMBER 30, 1972 AS FILE NO. 320457 OF OFFICIAL RECORDS AS SHOWN ON PARCEL MAP NO. 11284, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1981 AS FILE NO. 81-145557 OF OFFICIAL RECORDS AND WESTERLY OF THE WESTERLY LINE OF SAID RECORDED OF SURVEY MAP NO. 12462. -3- 't.. 10-120830 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1992-93, A LIEN NOT YET PAYABLE. 1A. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $937.79 PAID SECOND INSTALLMENT: $937.79 DLQ./PENALTY $103.78 LAND: $129,713.00 IMPROVEMENTS: $6,156.00 CODE AREA: 09000 PARCEL NO. 211-010-25 SAID PROPERTY HAS BEEN DEEMED TAX-DEFAULTED FOR FISCAL YEAR(S) 1991-92 PARCEL NO. AMOUNT TO PAY DURING: AUGUST, 1992 SEPTEMBER, 1992 OCTOBER, 1992 211-010-25-00 $1,084.69 $1,098.76 $1,112.82 lB. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $18,952.29 PAID SECOND INSTALLMENT: $18,952.29 DLQ./PENALTY $1,905.23 LAND: $365,058.00 CODE AREA: 09034 PARCEL NO. 211-021-18 SAID PROPERTY HAS BEEN DEEMED TAX-DEFAULTED FOR FISCAL YEAR(S) 1991-92 PARCEL NO. AMOUNT TO PAY DURING: AUGUST, 1992 SEPTEMBER, 1992 OCTOBER, 1992 211-021-18-00 $21,441. 07 $21,725.36 $22,009.64 1C. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: I $2,346.24 PAID -1- SECOND INSTALLMENT: LAND: IMPROVEMENTS: CODE AREA: PARCEL NO. SCHEDULE B $2,346.24 DLQ./PENALTY $244.62 $246,269.00 $102,074.00 09034 211-021-19 10-120830 SAID PROPERTY HAS BEEN DEEMED TAX-DEFAULTED FOR FISCAL YEAR(S) 1991-92 PARCEL NO. AMOUNT TO PAY DURING: AUGUST, 1992 SEPTEMBER, 1992 OCTOBER, 1992 211-021-19-00 $2,676.24 $2,711.44 $2,746.63 1D. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $2,225.06 PAID SECOND INSTALLMENT: $2,225.06 DELINQUENT, PENALTY $232.51 LAND: $56,307.00 CODE AREA: 09000 PARCEL NO. 211-021-26 SAID PROPERTY HAS BEEN DEEMED TAX-DEFAULTED FOR FISCAL YEAR(S) 1991-92 PARCEL NO. AMOUNT TO PAY DURING: AUGUST, 1992 SEPTEMBER, 1992 OCTOBER, 1992 211-021-26-00 $2,572.68 $2,606.06 $2,639.43 1E. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $3,138.35 PAID SECOND INSTALLMENT: $3,138.35 DLQ./PENALTY $323.84 LAND: $443,465.00 CODE AREA: 09000 PARCEL NO. 211-021-27 SAID PROPERTY HAS BEEN DEEMED TAX-DEFAULTED FOR FISCAL YEAR(S) 1991-92 PARCEL NO. AMOUNT TO PAY DURING: AUGUST, 1992 SEPTEMBER, 1992 OCTOBER, 1992 211-021-27-00 $3,571.33 $3,618.40 $3,665.48 1F. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: I $7,840.93 PAID SECOND INSTALLMENT: $7,840.93 DLQ./PENALTY $794.09 -2- LAND: CODE AREA: PARCEL NO. SCHEDULE B $200,829.00 09000 211-021-28 10-120830 SAID PROPERTY HAS BEEN DEEMED TAX-DEFAULTED FOR FISCAL YEAR(S) 1991-92 PARCEL NO. AMOUNT TO PAY DURING: AUGUST, 1992 SEPTEMBER, 1992 OCTOBER, 1992 211-021-28-00 $8,885.24 $9,002.86 $9,120.47 1G. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $7,133.30 PAID SECOND INSTALLMENT: $7,133.30 DLQ./PENALTY $723.33 LAND: $1,232,361.00 CODE AREA: 09000 PARCEL NO. 211-021-29 SAID PROPERTY HAS BEEN DEEMED TAX-DEFAULTED FOR FISCAL YEAR(S) 1991-92 PARCEL NO. 900-000-08-00, 900-000-09-00 AND 211-021-29-00 AMOUNT TO PAY DURING: AUGUST, 1992 SEPTEMBER, 1992 OCTOBER, 1992 $79.265.61 $80,317.21 $81,368.81 1H. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $31,486.72 PAID SECOND INSTALLMENT: $31,486.72 DLQ./PENALTY $3,158.67 CODE AREA: 09000 PARCEL NO. 900-000-08 II. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $31,486.72 PAID SECOND INSTALLMENT: $31,486.72 DLQ./PENALTY $3,158.67 CODE AREA: 09000 PARCEL NO. 900-000-09 1J. AN ASSESSMENT ASSESSMENT (OR BOND) NO: SERIES: DISTRICT: IMPROVEMENTS OF: SAID ASSESSMENT IS BY THE IMPROVEMENT DISTRICT SHOWN BELOW 0001 86-1 CITY OF CARLSBAD PALOMAR AIRPORT ROAD COLLECTED WITH THE COUNTY/CITY PROPERTY -3- TAXES. lK. AN ASSESSMENT ASSESSMENT (OR BOND) NO: SERIES: DISTRICT: IMPROVEMENTS OF: SAID ASSESSMENT IS TAXES. lL. AN ASSESSMENT ASSESSMENT (OR BOND) NO: SERIES: DISTRICT: IMPROVEMENTS OF: SAID ASSESSMENT IS TAXES. SCHEDULE B BY THE IMPROVEMENT DISTRICT SHOWN BELOW 0001 86-1 CITY OF CARLSBAD PALOMAR AIRPORT ROAD COLLECTED WITH THE COUNTY/CITY PROPERTY BY THE IMPROVEMENT DISTRICT SHOWN BELOW 0000 86-1 CITY OF CARLSBAD PALOMAR AIRPORT ROAD COLLECTED WITH THE COUNTY/CITY PROPERTY 10-120830 1M. THE FACT THAT SAID LAND LIES WITHIN THE BOUNDARIES OF A COMMUNITY FACILITIES ASSESSMENT/MELLO-ROOS DISTRICT, THE AMOUNT OF ASSESSMENT, IF ANY, ATTRIBUTABLE TO THIS PARCEL IS CURRENTLY OR WILL BE COLLECTED AS A PART OF THE TAX BILL. 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. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SUCH MATTERS ARE SHOWN BY THE PUBLIC RECORDS. 4 • AN EASEMENT PURPOSES STATED IN FAVOR OF: FOR: RECORDED: AFFECTS: AFFECTING THE PORTION OF SAID LAND AND FOR THE HEREIN AND INCIDENTAL PURPOSES PAUL ECKE AND MAGDALENA ECKE, HUSBAND AND WIFE, AS JOINT TENANTS ROAD AND PIPE LINE APRIL 4, 1947 IN BOOK 2380, PAGE 20 OF OFFICIAL RECORDS AS SET FORTH IN SAID DOCUMENT SAID EASEMENT HAS BEEN GRANTED AND RESERVED IN VARIOUS DEEDS OF RECORD. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 5. AN EASEMENT PURPOSES STATED IN FAVOR OF: FOR: AFFECTING THE PORTION OF SAID LAND AND FOR THE HEREIN AND INCIDENTAL PURPOSES I SAN DIEGO GAS & ELECTRIC COMPANY UNDISCLOSED -4- RECORDED: AFFECTS: SCHEDULE B APRIL 15, 1953 IN BOOK 4821, PAGE 195 OF OFFICIAL RECORDS AS SET FORTH IN SAID DOCUMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 10-120830 6. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: SAN DIEGO GAS AND ELECTRIC COMPANY FOR: EITHER OR BOTH POLE LINES & UNDERGROUND CONDUITS RECORDED: FEBRUARY 5, 1954 IN BOOK 5132, PAGE 278 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH IN SAID DOCUMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 7. AN EASEMENT PURPOSES STATED IN FAVOR OF: FOR: RECORDED: AFFECTS: AFFECTING THE PORTION OF SAID LAND AND FOR HEREIN AND INCIDENTAL PURPOSES SAN DIEGO GAS AND ELECTRIC COMPANY EITHER OR BOTH POLE LINES & UNDERGROUND CONDUITS MARCH 11, 1954 IN BOOK 5167, PAGE 387 OF OFFICIAL RECORDS AS SET FORTH IN SAID DOCUMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. THE 8. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: SAN DIEGO GAS AND ELECTRIC COMPANY FOR: EITHER OR BOTH POLE LINES AND UNDERGROUND CONDUITS RECORDED: OCTOBER 18, 1956 IN BOOK 6305, PAGE 97 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH IN SAID DOCUMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 9. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CARLSBAD MUNCIPAL WATER DISTRICT FOR: PIPELINE OR PIPELINES RECORDED: MAY 15, 1961 AS FILE NO. 83959 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH IN SAID DOCUMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 10. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED -5- SCHEDULE B HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CARLSBAD MUNICIPAL WATER DISTRICT FOR: INGRESS AND EGRESS RECORDED: NOVEMBER 15, 1961 AS FILE NO. 83960 OF OFFICIAL RECORDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. 10-120830 11. AN PURPOSES IN FAVOR FOR: EASEMENT AFFECTING THE PORTION OF SAID LAND AND STATED HEREIN AND INCIDENTAL PURPOSES FOR THE RECORDED: AFFECTS: OF: SAN DIEGO GAS AND ELECTRIC COMPANY EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AUGUST 19, 1966 AS FILE NO. 135088 OF OFFICIAL RECORDS AS SET FORTH IN SAID DOCUMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 12. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: SAN DIEGO GAS AND ELECTRIC COMPANY FOR: EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS RECORDED: JULY 5, 1972 AS FILE NO. 172891 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH IN SAID DOCUMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 13. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: THE CITY OF CARLSBAD FOR: SEWER PURPOSES RECORDED: NOVEMBER 30, 1972 AS FILE NO. 320457 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH IN SAID DOCUMENT 14. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CITY OF CARLSBAD FOR: STORM DRAIN RECORDED: NOVEMBER 30, 1972 AS FILE NO. 320457 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH IN SAID DOCUMENT 15. AN EASEMENT AFFECTING THE PORTION OF SAID LAND-AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: I CITY OF CARLSBAD -6- FOR: RECORDED: AFFECTS: SCHEDULE B PUBLIC ROAD, UTILITY, SEWER, WATER, LANDSCAPE, SIDEWALK ENCROACHMENT NOVEMBER ·30, 1972 AS FILE NO. 320458 OF OFFICIAL RECORDS AS SET FORTH IN SAID DOCUMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 10-120830 16. 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 AND CARLTAS CORPORATION, RECORDED MARCH I, 1976 AS 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. 17. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: PACIFIC TELEPHONE AND TELEGRAPH COMPANY FOR: EITHER BOTH POLE LINES, UNDERGROUND CONDUITS RECORDED: OCTOBER II, 1977 AS FILE NO. 77-416786 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH IN SAID DOCUMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 18. AN EASEMENT PURPOSES STATED IN FAVOR OF: FOR: RECORDED: AFFECTS: AFFECTING THE PORTION OF SAID LAND AND FOR HEREIN AND INCIDENTAL PURPOSES CITY OF CARLSBAD A PUBLIC ROAD, UTILITY, SEWER & WATER OCTOBER 21, 1985 AS FILE NO. 85-390632 OF OFFICIAL RECORDS AS SET FORTH IN SAID DOCUMENT THE 19. AN EASEMENT PURPOSES STATED IN FAVOR OF: AFFECTING THE PORTION OF SAID LAND AND FOR THE HEREIN AND INCIDENTAL PURPOSES FOR: RECORDED: AFFECTS: CITY OF CARLSBAD PUBLIC ROAD, UTILITY, SEWER AND WATER OCTOBER 21, 1985 AS FILE NO. 85-390633 OF OFFICIAL RECORDS AS SET FORTH IN SAID DOCUMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 20. THE FACT THAT SAID LAND LIES WITHIN THE BOUNDARIES OF -7- SCHEDULE B 10-120830 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. 21. AN AGREEMENT PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: 22. AN AGREEMENT PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: TO WHICH REFERENCE IS HEREBY MADE FOR FULL JULY 10, 1986 CITY OF CARLSBAD, AND CARLTAS CO., A CALIFORNIA CORPORATION REIMBURSEMENT AUGUST 14, 1986 AS FILE NO. 86-349359 OF OFFICIAL RECORDS TO WHICH REFERENCE IS HEREBY MADE FOR FULL AUGUST 3, 1987 CITY OF CARLSBAD AND CARLTAS DEVELOPMENT COMPANY PAYMENT OF A PUBLIC FACILITIES FEE SEPTEMBER 1, 1987 AS FILE NO. 87-496010 OF OFFICIAL RECORDS 23. AN EASEMENT PURPOSES STATED IN FAVOR OF: AFFECTING THE PORTION OF SAID LAND AND FOR THE HEREIN AND INCIDENTAL PURPOSES FOR: RECORDED: AFFECTS: SAN DIEGO GAS AND ELECTRIC COMPANY EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS DECEMBER 8, 1987 AS FILE NO. 87-675367 OF OFFICIAL RECORDS AS SET FORTH IN SAID DOCUMENT THE EXACT LOCATION AND EXTENT OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 24. AN AGREEMENT PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: TO WHICH REFERENCE IS HEREBY MADE FOR FULL APRIL 6, 1988 THE CITY OF CARLSBAD AND CARLTAS DEVELOPMENT COMPANY PAYMENT OF A PUBLIC FACILITIES FEE APRIL 6, 1988 AS FILE NO. 88-171939 OF OFFICIAL RECORDS 25. A COVENANT AND AGREEMENT EXECUTED BY IN FAVOR OF CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP CALIFORNIA COASTAL COMMISSION -8- SCHEDULE B RECORDED I MAY 11, 1988 AS FILE NO. 88-220104 OF OFFICIAL RECORDS WHICH, AMONG OTHER THINGS, PROVIDES: DEVELOPMENT OF PROPERTY AND AGRICULTURAL DEED RESTRICTION 26. AN AGREEMENT PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: TO WHICH REFERENCE IS HEREBY MADE FOR FULL MAY 6, 1988 CARLTAS DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION GRADING MAY 11, 1988 AS FILE NO. 88-222132 OF OFFICIAL RECORDS 10-120830 27. AN EASEMENT PURPOSES STATED IN FAVOR OF: AFFECTING THE PORTION OF SAID LAND AND FOR THE FOR: RECORDED: AFFECTS: HEREIN AND INCIDENTAL PURPOSES CITY OF CARLSBAD DRAINAGE JULY 7, 1988 AS FILE NO. 88-329739 OF OFFICIAL RECORDS AS SET FORTH IN SAID DOCUMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 28. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CITY OF CARLSBAD FOR: ROADWAY AND GENERAL UTILITY RECORDED: AUGUST 22, 1988 AS FILE NO. 88-414913 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH IN SAID DOCUMENT SAID INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 29. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CITY OF CARLSBAD FOR: PUBLIC UTILITY RECORDED: SEPTEMBER 15, 1988 AS FILE NO. 88-463310 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH IN SAID DOCUMENT SAID INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN -9- SCHEDULE B 10-120830 DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 30. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CITY OF CARLSBAD FOR: FLOOD DRAINAGE CHANNEL RECORDED: SEPTEMBER 15, 1988 AS FILE NO. 88-463313 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH IN SAID DOCUMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 31. AN AGREEMENT PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: TO WHICH REFERENCE IS HEREBY MADE FOR FULL MAY 26, 1988 CITY OF CARLSBAD AND CARLTAS CO., A CALIFORNIA LIMITED PARTNERSHIP REIMBURSEMENT NOVEMBER 1, 1988 AS FILE NO. 88-557947 OF OFFICIAL RECORDS 32. AN PURPOSES IN FAVOR FOR: EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE STATED HEREIN AND INCIDENTAL PURPOSES OF: ASSOCIATION OF CAR COUNTRY EXPANSION OWNER MAINTENANCE AND REPAIR RECORDED: AFFECTS: DECEMBER 30, 1988 AS FILE NO. 88-677018 OF OFFICIAL RECORDS AS SET FORTH IN SAID DOCUMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 33. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: ASSOCIATION OF CAR COUNTRY EXPANSION OWNERS FOR: MAINTENANCE AND REPAIR RECORDED: DECEMBER 30, 1988 AS FILE NO. 88-678653 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH IN SAID DOCUMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 34. A COVENANT AND AGREEMENT EXECUTED BY IN FAVOR OF CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP CITY OF CARLSBAD -10- RECORDED SCHEDULE B I JULY 5, 1989 AS FILE NO. 89-354161 OF OFFICIAL RECORDS WHICH, AMONG OTHER THINGS, PROVIDES: FOR OPEN SPACE EASEMENT AND USAGE OF THE HEREIN DESCRIBED PROPERTY. 10-120830 35. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CARLSBAD MUNICIPAL WATER DISTRICT FOR: DRAINAGE DITCHES AND STRUCTURES RECORDED: OCTOBER 4, 1990 AS FILE NO. 90-543215 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH IN SAID DOCUMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 36. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED JUNE 13, 1991 $4,734,000.00 CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP EQUITABLE DEED COMPANY, A CALIFORNIA CORPORATION SECURITY PACIFIC NATIONAL BANK, A NATIONAL BANKING ASSOCIATION JUNE 28, 1991 AS FILE NO. 1991-0315483 OF OFFICIAL RECORDS AN INSTRUMENT PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED EXECUTED BY: SECURITY PACIFIC NATIONAL BANK, A NATIONAL BANKING ASSOCIATION AND CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP AND CARLPLAZ, L.P., A CALIFORNIA LIMITED PARTNERSHIP RECORDED: JULY 23, 1991 AS FILE NO. 1991-0362034 OF OFFICIAL RECORDS AND RE-RECORDED OCTOBER 21, 1991 AS FILE NO. 1991-0542425 OF OFFICIAL RECORDS. SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED SUBORDINATED TO FEBRUARY 11, 1992 AS FILE NO. 1992-0076196 OF OFFICIAL RECORDS GRANT OF EASEMENT -11- RECORDED SCHEDULE B I FEBRUARY 11, 1992 AS FILE NO. 1992-0076195 OF OFFICIAL RECORDS 10-120830 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED SUBORDINATED TO RECORDED JULY 15, 1992 AS FILE OF OFFICIAL RECORDS GRANT OF EASEMENT JULY 15, 1992 AS FILE OF OFFICIAL RECORDS NO. 1992-0443117 NO. 1992-0443116 37. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: 38. AN EASEMENT PURPOSES STATED IN FAVOR OF: FOR: RECORDED: AFFECTS: JUNE 25, 1991 CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP AND CITY OF CARLSBAD PAYMENT OF A PUBLIC FACILITIES FEE AUGUST 5, 1991 AS FILE NO. 1991-0390279 OF OFFICIAL RECORDS AFFECTING THE PORTION OF SAID LAND AND FOR THE HEREIN AND INCIDENTAL PURPOSES CITY OF CARLSBAD STREET AND PUBLIC UTILITY FEBRUARY 11, 1992 AS FILE NO. 1992-0076195 OF OFFICIAL RECORDS AS SET FORTH IN SAID DOCUMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 39. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CITY OF CARLSBAD FOR: TRAFFIC SIGNAL MAINTENANCE PURPOSES RECORDED: JULY 15, 1992 AS FILE NO. 1992-0443116 OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 40. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT AND ANY OTHER OBLIGATIONS THEREIN CONTAINED, DEED OF TRUST DATED JUNE 12, 1992 TRUSTOR CARLTAS COMPANY, A CALIFORNIA LIMITED PARTNERSHIP TRUSTEE STEWART TITLE COMPANY OF SAN DIEGO, A -12- BENEFICIARY RECORDED SCHEDULE B 10-120830 CALIFORNIA CORPORATION GEMOLOGICAL INSTITUTE OF AMERICA, INC., A NONPROFIT CORPORATION AUGUST 24, 1992 AS FILE NO. 1992-0534192 OF OFFICIAL RECORDS 41. AN UNRECORDED AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: FEBRUARY 19, 1992 BY AND BETWEEN: CARLTAS COMPANY, A CALIFORNIA LIMITED REGARDING: DISCLOSED BY: RECORDED: PARTNERSHIP AND GEMOLOGICAL INSTITUTE OF AMERICA, INC. PURCHASE OF REAL PROPERTY DEED OF TRUST AUGUST 24, 1992 AS FILE NO. 1992-0534192 OF OFFICIAL RECORDS 42. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR BY A SURVEY OF SAID LAND, SATISFACTORY TO THIS COMPANY, OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. -13- CL TA Prelim mary Report Form CL TA PRELIMINARY REPORT FORM LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS SCHEDULE B 1. 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 or zoning laws, ordinances, or regulations) restricting, regulatmg, 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 effecting 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 affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured Claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner or indebtedness, to comply with the applicable doing business laws, of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or 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 land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. REV. 1990 Page 1 of 4 (List of Printed Exceptions and Exclusions Continued on Next Page) STEWART TITLI GUARANTY COMPANY CL TA Preliminary Report Form • 2. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6·'·87) EXCLUSIONS In addition to the Exceptions 'n Schedule B, you are not Insured against loss. costs, attorneys' fees, and expenses result,ng from' GovernmenTal police power, and the '!xlstence or ",olat,on of any law or governmental regulation This Includes building and lon,ng ordinances and also laws and regulat:ons concerning' • land uSe • ,mprovements on the land • land rj!V'\';)" • environmental protection This exclUSion does not apply to Violations or the enforcement of these matters which appear In the public records at PoliCY Date. This exclUSion does not limit the zoning coverage descnbed :n Items 12 and 13 of Covered Title Risks. 2. The nght to take the land by condemning It, unless: • a notice of exerCISing the nght appears In the public records on the Pol icy Date • the taking happened pnor 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 limit the access coverage In Item 5 of Covered Title Risks. 3. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (4-6-90) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (4-6-90) WITH ALTA ENDORSEMENT -FORM 1 COVERAGE EXCLUSIONS AND 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 regu- latIOns) restricting, regulating, prohibiting or relating to (:) the occupancy, use, or enjoyment of the land; (Ii) the character, di· menslons 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 pnor to Date of Policy which would be binding on the rights of a purchaser for value Without knowledge. REV 1990 Page 2 of 4 (List of Printed Exceptions and ExclUSions CORtlnued on Next Page) STE"\\"ART TITLE GUARANTY COMPANY CL TA Preliminary Report Form • 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 cla,man~ dnd 'at disclosed in writing to the Company by the Insured claimant priOr cO the date the insured claimant became an .nsured ..Jr,der "hiS policy, (cl resulting In no loss or damage to the Insured clalmant. (d) attaching or created subsequent to Date of Policy (except to the extent that thiS policy Insures the priority of :he "~n of the Insured mortgage over any statutory I,en for serVices, labor or material or to the extern .nsurance '5 afforded herein :'le as to assessments for street Improvements under construction or completed at Date of Policy I, or (el resulting In loss or damage which would not have been sustained If the Insured claimant had paid value for the ,ns"red mortgage. 4. Unenforceability of the lien of "t"le Insured mortgage because of the ,nabtl,ty or failure of the 'nsured at Date of Pol·cy. ·]r the Inability or failure of any subsequent owner of the Indebtedness, to comply with applicable dOing bUSiness laws of tt"le state In which the land IS situated. 5. Invalidity or unenforceability of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction eVidenced by the Insured mortgage and IS based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of PriOrity of any statutory lien for serVices, labor or mater'als 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 :he operation of federal bankruptcy, state insolvency, or Similar creditors' rtghts laws. 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 assess· ments 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 Inspec· tion 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. 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (4·6·90) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4·6·90) EXCLUSIONS FROM COVERAGE The following matters are expresslv 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) restrtcting, regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the land; (ii) the char· acter, 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 protec· tion, 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 affect· Ing 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 reo corded In the public records at Date of PoliCY. REV. 1990 Page 3 of 4 (List of Printed Exceptions and ExclUSions Continued on Next Page) GUARANTY COMPASY CL TA Preliminary Report Form • 2. Rights of eminent d.omaln unless notice of the exercise thereof has been recorded In the public records at Date )i ;:> J' C'v but not excluding from Coverage any taking which has occurred prior to Date of Policy which would be binding IJn :'10: r,snts 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 clalmart; (b) not krlOwn to the Company, not recorded In the public records at Date of POliCY, but known to the 'nsured c!al"'d,1I and not disclosed in writing to the Company by the Insured claimant prior to the date the Insured claimant :)"CJrTh> 51' Insur~d under thiS POliCY, (c) resulting ,n no loss or damage to the Insured claimant; (dl attaching or created subsequent to Date of POliCY, or (el resulting in loss or damage which would not have been sustained If tile insured r.lalmant had paid value for :ne ~s(ate or Interest Insured by thiS policy. 4. Any claim, which arises out of the transaction vesting In the 'nsured the estate or interest Insured by thiS pOI,CY, ov r"JSOn of the operatIOn of federal bankruptcy, state Insolvency, or Similar creditors' rights laws. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to tile doove Exclusions from Coverage, the Exceptions from Coverage In a Standard Coverage poliCY Will also InClude the follow'ng 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 anse 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 assess· ments 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 Inspec· tion 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 woula 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 ICI wa~er rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. REV 1990 Page 4 of 4 GL'ARASTY CO\tP~"'Y 65' /' * I • 1 ~. ~ ~ t ~' oil @ ,.. " ~ ... ~ ffi f5iiOi:A ~ \81 @ 15948 K.- At;. PR (cl .... N OI£GO COUNT'\' usn_'S "V III 211 I'G02 MapPC'p rno lo:::c:rc:c:ur"lT PIiDPt"l<:rc:: ,., .. ' y .. 1/ BO-.,J3 11:> L. \"",,,1 &.I.)!)/ POR I H @ 22 &5AC. ® ® 101.3911C. Hi. PR (C) ._~.·I$'''/ .".",' ) 211-02 (IJOST SLY, COR. MAP 209 ,·L. tjJ z"" (B ~ ~ 'CD.J.: -Z7-7(' ,./?;;~. ~~ CHANGES ILK OLD NEW V. CUT .5 115 .. /9 IZ ZOZI 7~ 14'" ~!:,:, . -,~ 7.~ t7,F/ -.;1'/.# ZL-Z, Irl".:;/ , ~ .. s.wr ~ 5677 'S,L!M /T'll I~;_~ I~ 5714 I~ Z5{U Ii' 20,.S ZJ't~ 1~.tI1 ~~ .nI-!J I ~o,.~ 111.:'1 II' 215' 4i!f IAI/9 W-t t10 ~.z ~ ~ f--® SHT.2 I PAS EO DEL NORTE ,_. \ ~. • '~7 ""~T~ FUR LOT H ------= -~~~~ .. ~ _Its' IS ~ 823-Rt-O AGUA HEDf0N)4.-'" 4,-... / >.... -ROS. 1806,6846,6873,7050,7155,12462 0" ~ f te , t ! ~"':;.-. ~o:t...... ;.. ... ", .~ \ ,,4 a! ;7J:~f'" ~ ~ .. ", 1")1''' ,.wi ~, r<"J.~J'~ f-_011 ,I I .«' ,~ ,..1..".t .... ·~~7-... "',. 6 .. ~/ .. ::,. .. .,. '1' ,. -i ••.• 1.JI~ ,t " . fI"'" '''''~ _t~ ":J1'!'~. ~::, rI~./ r ~!' ' ,&r;,5' " / 13: DETAIL / NO SCALE T! j '~.: 'I"· ~2 J-: l-~ ... .., ' .. -.: "'~,.~ i ~ sc..tP SAM DIEGO COUNTY ASSESSOR'S MAr 81 211 PG 01 "'PPEO FOR 'SSESSMENl PURPOSES ONLY \ ®r-~: .:..: '-I, I. . ..... :: "" .. "' -1G(;,,\ I-tE:D10 A • 'YD", @ I '.'O) .... c. PAR 6 SBE MAP 141 .37-7JF W 10 SHT 2 -'. ~ ': :: l..'lCOOIV <[@) ~1!:~",:~ ""'.$'c-.~~ '>-.-:;; -~ """cP1-' "'/ ~.\. -'.,;JJ AC. ___ ~ ... \o .... 1 .. ~""'Gf;'." "4(."? !J.:;T""">., N~:~~ ..... <V 7rZll<fl.)"':t" /LI,. c.,. Sf - r: e SffT ,2 / / :I@ ® T <'o~ I ~ • .1'c., ~ ~ 211-01 c/~600' ? 27 C /'---.;; '/.' / ..? -,. --... i~ ":7':;"",.;..-. ,/ )OQAC 'CHANGES' PAR. 9 SaE. MAP 141-37-BF AG. PR (0 • AGRICULTURAL PRE SERVE (CONTRACTl I_SEE .... AP 12242 FOR BRe; L OIST. MAP 823 -RHO AGUA HEDIONOA -POR LOT H -MM209 ROS 1806,11737, 12462 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) CIIT OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008 ) ) ) ) • Space above this line for Recorder's use Parcel No. APN 211-010-25,. 211-021-13 19, 27, 28, 29 & 26 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CIIT OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 14th day of Sept. , 192L by and between Carltas Company (Name of Developer-Owner) California a . Limited Partnership , hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is 5600 Avenida Encinas, Suite 100 ( Carlsbad, CA 92008 (Street) (City, State, Zip Code) and the CI'TY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Carlsbad Village Drive 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 proposes a development project as follows: A 17 Lot ___ T_e_n_t_a_t_i_v_e_"_'Via_p _____________ on said Property, which development carries the proposed name of. __ ....::C:::::ar=l:::::sb:::..:a::::d:::......:::.R.::::an=c::..:.h....;T:::..:e:;:!.n.=..::t:::::a~t==i..:..ve:::.......:M~a~p:.--________ and Fonn Approved By City Council April 22, 1986 Reso. No. 9169 1 is hereinafter referred as "Development"; and WHEREAS, Developer filed on the 21st day of Sept. , 191...s with the City a request for a Tentative Tract Map ________________________ .hereinafterreferred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy 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 a~ capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; 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 proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. 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. Fonn Approved By City Council April 22, 1986 Reso. No. 9169 2 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 Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and entitlement of use" as used in this agreement, except in reference to mobile horne sites OT projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the 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 shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18,20, or 21 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is 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. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required ro 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 Fonn Approved By City Council April 22, 1986 Reso. No. 9169 3 development will not be consistent with 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 facilities 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. 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 Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery 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 Fonn Approved By City Council April 22, 1986 Reso. No. 9169 4 apply to the respective successors and aSSlgns of Developer and the City, and references to Developer or City herein shall be deemed to be reference 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 a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. Form Approved By City Council April 22, 1986 Reso. No. 9169 5 • IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Carl tas Company, A Limited Partnership .by Christopher Calkins (name) BY:~ (Title) By: (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: RONALD G. BALL Acting City Attorney CITY OF CARLSBAD, a municipal corporation of the State of California By: MARTIN ORENYAK For City Manager (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) Form Approved By City Council April 22, 1986 Reso. No. 9169 6 _L._~ ___ -._-,.... ___ ... _ .. _____ ._~_. ".::-~ '::-"~~~ ''')~;' ___ ."_~ ,4 '. __ • EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF Im' "H" OF RANCHO AGUA HEDIONDA1 IN THE CITY OF CARLSBAD 1 COUNTY OF SAN DIEG0 1 STATE OF CALIFORNIA 1 ACCORDING TO MAP THEREOF NO. 823 1 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY 1 NOVEMBER 16 1 1892. ALL-PURPOSE ACKNOWLEDGMENT NO 209 State of California County of San Diego } CAPACITY CLAIMED BY SIGNER On_---.::.9-<-/..:::2:.,=1":-/..::.9=2 ___ before me, Charleena I. Yanger, Notary Public, DATE NAME, TITLE OF OFFICER -E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Christopher Calkins, Manager, Carltas Company, NAME(S) OF SIGNER(S) A Limited Partnershi o personally known to me -OR -fi proved to me on the basis of satisfactory evidence to be the person~) whose name(s9 is/am subscribed to the within instrument and ac- OFFICIAL SEAL CHARLEENA I. YANGER NOTARY PUBLIC· CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO My Comm Expifes Sep.2, 1995 knowledged to me that h~ executed the same in his/~ authorized capacit~ and that by his~ signature(S;} on the instrument the person~), orthe entity upon behalf ofwhich the person(~ acted, executed the instrument. Witness my hand and official seal. o INDIVIDUAL(S) o CORPORATE _____ _ OFFICER(S) __ -==-==_~ TITLE(S) o PARTNER(S) o ATTORNEY·IN·FACT o TRUSTEE(S) o SUBSCRIBING WITNESS o GUARDIAN/CONSERVATOR :n OTHER: Manager SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Car 1 tas Company, A Limited Partnership ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE MUST BE ATIACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Form Approved By City Council April 22, 1986 Reso. No. 9169 Title or Type of Document _..::.P.=ub=l.=i.=.c...,:F:...a::.c=.:l=:· l=..:l=:· t::.i:..:e:::s:....-.:F...:e:=e:...:.,:A:..;;<gr=e.=.em:::en=t-=--____ _ Number of Pages seven Date of Document ----=-9L/1~4::.1/~9~2"--____ _ Signer(s) Other Than Named Above ________________ _ © 1991 NATIONAL NOTARY ASSOCIATION" 8236 Remmel Ave .• P.O. Box 7184' Canoga Pari<, CA 91304-7184 7 i' I. _ • • i;Jla:: .. ~ ... sj i!';::;;-: ;:: . ~-. .,.---........ ~-------........ ·e R..u.t>~6 ~~ '-0:' e ~ DOC # 1994-0027697 'Jf . V-..... ,/ ," 1" ;:. ~ ..... .. ,. Q.~J'~ WHEN RECORDED RETURN TO: Carltas Company 5600 Avenida Encinas, suite 100 Carlsbad, California 92008-4452 Attention:' Christopher Calkins 116 12-JAH-1994 03=24 PM0 OFFICIAL RECORDS ~ SAN DIEGO COUNTY RECORDER'S OFFICE AHHfTTE EVAHS, COUHTY RECORDER RF: 14.00 FEES: 38.00 AF: 23.00 MF: 1.00 DECIARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS CARLSBAD RANCH WHEREAS, CARLTAS COMPANY, a California lilnited partnership (ItCARLTASIf), is the Owner of the property described in Exhibit "A" "attached hereto and incorporated herein by this reference (the "Carlsbad Ranch"). WHEREAS, it 1s the desire and intention of CARLTAS to convey the Carlshad Ranch and to impose on it mutual bene~icial covenants, con(ii tions and restrictions under a general plan or scheme of improvement for the benefit of all the lands in the Carlsbad Ranch and the future owners of those lands. WHEREAS, lots within the Carlsbad Ranch shall be/created in phases ("Phases") and each Phase shall· be reflected in a Final Map recorded in the Office of the County Recorder of San Diego. Each legal parcel created by a Final Map for the Carlsbad Ranch, or any resubdivision thereof, shall be a fllot" as referred to herein. The first Phase is reflected as lots 1 through 8 of Carlsbad Tract No. 92-7 according to Map thereof number 13078 in. the City of Carlsbad, County of San Diego (the "Property"). WHEREAS, upon recordation of this declaration, those lots included in the Property shall be subject to the terms and conditions of this declaration. NOW, THEREFORE, CARLTAS hereby declares that all of the Property is held, and, shall be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied and improved subject to the following covenants, conditions and restrictions all of which are declared to be in furtherance of a plan for the subdivision, improvement and sales of the lands and are established and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the lands and every part thereof. All of the·coyenants, conditions and restrictions shall run with the land and sh:al.l.,· be binding on all parties having or acquiring any part thereof'.' The burdened lots under this declaration shall be all lots located within the Property. I r!·· ~. ,"', ~: §:,;..~~;.. ~====~~ , ' / 1/ .. , . ..; .. .L~ 117 ARTICLE I -ANNEXATION Except the first Phase, before CARLTAS conveys any lot in a Phase, CARLTAS shall annex such Phase to the Property by recording a notice of annexation in the Office of the County Recorder of San Diego. said notice shall set forth the legal description and net acreage, as defined in Paragraph 3.2, of all lots in said annexed Phase. Upon any such annexation the term "property" as used in this declaration shall be defined to include said annexed lots and said lots shall be subject to all of the terms and conditions of this declaration. ARTICLE II -DESIGN REVIEW So long as CARLTAS owns any Benefitted Parcel, as defined below, no structure shall be constructed on the Property without CARLTAS' prior written reasonable approval. conceptual plans and detailed schematic plans and specifications for any structure to be constructed shall be submitted to CARLTAS for review. CARLTAS shall have fifteen (15) days to approve or disapprove the plans and specifications. In the event CARLTAS fails to deliver written notice of approval or disapproval within said fifteen (15) day period, then the plans and specifications shall be deemed approved. Any notice of approval shall be in recordable form. CARLTAS I approval shall be based on conformity to the criteria set forth in the City of Carlsbad Specific Plan (207) for the Property in effect on the date this declaration is recorded in the Official Records of the County of San Diego' (the Ilspecific Plan") , the overall design and landscape as in place for the property, and the visual impact to 'the adj oining properties. A copy of the specific Plan is on file with the city of Carlsbad. In the event the Specific Plan is amended, modified or changed in any manner, the criteria set forth in the specific Plan shall continue to be the criteria by which CARLTAS evaluates any plans and specifications submitted to CARLTAS for approval, unless CARLTAS specifically adopts any such change by a recorded supplement to this declaration. CARLTAS may assign its rights under this Article II to the Association, as defined below. The Benefitted Parcels under this declaration shall be any lot located within the Carlsbad Ranch. ARTICLE III -ASSOCIATION 3.1 Organization and Membership. Every Owner of a lot within the property ("OWner") shall automatically upon becoming the Owner 'of such lot be a member of the Carlsbad Ranch Maintenance Association (the "Association"). The Association shall be 2 -r 1 j I I 1 j 1. , " I i" 118 organized as a California corporation under the California Nonprofit corporation Law. The Association shall be charged with the duties and vested with the powers prescribed by law and set forth in this declaration, the Association articles and bylaws. 3.2 voting. The Association bylaws shall provide that voting shall be based on net acreage, as defined below, within the Property. Said bylaws shall provide that one vote shall be allocated for each net acre set forth in the Specific Plan or notice of annexation. A fractional vote shall be allocated for each fractional net acre. Should more than one person hold an Ownership in any lot, other than solely as security for an obligation, then the vote shall be allocated as such Owners agree, or in the absence of such agreement 1 in proportion to their interests therein in the manner provided in said bylaws. Any action by the Association which must have the approval of the membership of the Association before being undertaken shall require the vote or written assent of more than fifty percent (50%) of the votes held by all Owners. "Net acreagell shall be defined to exclude acreage zoned exclusively for agricultural and/or open space use. ARTICLE :tV -MAINTENANCE 4.1 Maintenance and Repair by Associatign. The Association shall be responsible for the maintenance and repair of all of the common area within the property, together with such other improvements, landscaping, slopes and "features of the Property, the maintenance and repair of which has been imposed upon the Association by the Specific Plan, the LFMP, and the conditions of approval of the final maps recorded in connection with the development and use of the Property. Such obligation shall not apply to public improvements, the responsibility for which has been assumed by the City of Carlsbad. Without limiting the qeneral~ty of the foregoing nor the description of the powers and duties of the Association; the Association shall be required to accomplish the following: Ca) clean, maintain and repair the community entries, all common area slopes, parkways, signage, medians, lighting, landscaping and irrigation improvements, the trail system, and other improvements adjacent to any public streets within the Property the responsibility for the maintenance of which slopes, parkways, signaqe, medians, lighting, landscaping and irrigation improvements and slopes thereof (including without limitation) slopes adjacent to Cannon Road and Armada Drive which has been imposed upon the Association by the terms and provisions of the Specific Plan, the LFMP or in any conditions of approval of any final maps recorded in connection with the development of the Property or any portion thereof: 3 ... , waawo:co:: ~ . ' .. '""':='. ~. ..:. -.-""""- 119 (b) maintain and/or coordinate with any utility or similar service company as may be required in connection with the installation, maintenance, repair or relocation of all gas lines, electric lines, utility lines and all easements therefor and all connections thereof located in or serving the common area, the obligation for such maintenance and coordination has not been assumed, undertaken or imposed upon any Owner of any lot as a part of the land use or development approvals for such lot or pursuant to the provisions of this Declaration; and (c) Except where situated within lots sold or transferred to OWners (and therefore the obligation of such Owner), maintain and repair all slopes (whether manufactured or natural), and all landscaping and open space, fences, irrigation and erosion control improvements and perform all other work, including without limitation, brush clearance and pruning within any fire suppression zones as required by the carlsbad Ci ty Landscape Guidelines, maintain and repair the water conservation improvements (immediately down stream from any portion thereof owned and/or maintained by the Ci ty or any other local governmental agency regulating the use of reclaimed water 6'r such improvements), maintain and repair any and all concrete terrace drains and other drainage, erosion control improvements, catch basins, siltation im.provements (including any equipment and/or monitoring program related thereto) and all trails, paths, overlook areas, signage, benches or other improvements or structures located or installed . within the property as may be required by the City, or any other governmental agency in order to implement and comply with the Coastal Zone Restrictions imposed upon the use or development of the Property by the California Coastal Commission. Easements are hereby reserved for and established in favor of CARLTAS, its successors and assigns, together with the riqht to grant or transfer the same to the Association, and its agents, in, over, under and across all such portions of the Property adjacent to or connecting common areas as are (i) reasonably necessary to discharge the maintenance and repair obligations of the Association as described herein, (ii) reasonably necessary to enter upon, maintain and repair fences, fire suppression zones and the slopes, landscaping and improvements locates therein and (iii) reasonably necessary to maintain and repair fences and walls at the boundary of parcels not subject to the jurisdiction and responsibility of an Owner of a lot. 4.2 Mainten~nce and RepSlir of Individual Projects. Except as specifically imposed on the Association above, the maintenance and repair of all. lots, common areas, neighborhood entries, coastal resources areas located within lots, slopes, landscaping, trails, drainage, erosion control and other improvements (inclucUnq without limitation extension of or connections to water conservation improvements permitted by the City and/or other governmental agencies having jurisdiction over same) which are ~ocated within 4 , --.~,J... __ a. ------.--------• ---.---- 120 the boundaries of a lot, together with all private streets and private street signs within a lot, shall be the responsibility of the Owner of such lot. 4. 3 Maintenance District. Easements are hereby reserved for and established in favor of CARLTAS, together with the right to grant the same to the Association, Owners or others in, over and across all those portions of the Carlsbad Ranch subject to use as a part of the trail system. The Association shall have full power and authority, with the cooperation of the City, to establish or create a District for the perpetual maintenance of the trail system or any other portions of the common area which are required to be made available for public use. 4.4 Owner Failure to Maintain. In the event any Owner fails to maintain, repair or install improvements on any portion of such Owner's lot, Unit-or other Ownership Interest as required herein in accordance with standards established from time to time pursuant to the design review under Article II above, the Board of Directors shall have the right, to cause such maintenance, repair or installation to be accomplished as follows: (a) Upon finding by the Board of a deficiency in such maintenance, repair or installation or other breach of such obligation, the Board shall give notice of such deficiency, failure or breach to the responsible Owner which notice shall briefly describe such deficiency, failure or breach and set a date for hearing be~ore the Board or a committee selected by the Board for such purpose which hearing shall be held, if oa~~ed, not less than ten (10) nor more than thirty (30) days from the date of the notice. Cb) Such hearing shall be conducted according to such rules and procedures as the Board shall adopt and which rules and procedures shall provide the Owner with the right to present oral and wri tten evidence and to confront and cross-examine adverse witnesses. If the Board or committee renders a decision against the responsible owner, the Board or committee shall further set a date (reasonably related to the nature of the deficiency, failure or breach) by which the deficiency, failure or breach is to be corrected by the responsible Owner. A decision of the committee may be appealed to the Board, but a decision of the Board shall be final. (0) If the deficiency, failure or breach continues to exist after any time limitation imposed by the committee and if such decision is not appealed to the Board, the Board may cause such deficiency, failure or breach to be performed or cured. (d) If the Board elects to cause such maintenance I repair or installation to be performed, the Board shall give ten (10) days' notice to the Owner of such election within which the 5 I f I I: JW'~.~:; ~'".!~ .' , .' '. ·_·r-.. :.... .. if""'~_ '_ ... , .' : .. --:..... . , ~ . 121 Owner is to salect a date not less than fifteen (~5) nor more than forty-five (45) days following such notice by the Board within which such maintenance, repair or installation shall be performed or cured. If within said ten (10) day period the Owner has not selected such a date for performance or cure, the Board may select a date which shall not be less than ten (~O) nor more than sixty (60) days from the date of the Board's original ten 9~O) day not.ice within which Owner shall perform or cure t.he deficiency, failure or breach involved. Unless the owner and the Board otherwise agree, such maintenance I repair or installation shall take place only during daylight hours on any day, Monday through Friday, excluding holidays. (e) If the Association pays for all or any portion of the performance or cure of such maintenance, repair or installation, or if such owner does not select a date as provided above upon which such maintenance, repair, installation, or cure is to be performed or cured or does not perform such maintenance I repair or installation on or before the date set by the Board and if the Owner does not otherwise agree in writing that entry onto such lot or other ownership Interest may be had by the Association or its delegates for such purpose, the Association may seek appropriate judicial relief, but may not impose a Special Assessment to recover or reimburse the Association for such cost. 4 • 5 Private street Maintenance to 9i ty Standards. . The pav~ment, sidewalks and streetlights located within any private str~ets shall be maintained by the Owner' where located, in a safe, funQtional and attractive condition that is consistent with the standards adhered to by the City of Carlsbad for the maintenance of public streets, public sidewalks, and public streetlights. 4.6 storm Drain Maintenance. The. surface of the storm drainage easements shown on final maps for the Property and all underground storm drains and storm drainage disposal facilities located wi thin said storm drainage easements shall be maintained by the Association where located within common area and by the Owner of each lot where located within an individual lot free of any obstructions which would interfere with the normal collection, passage and disposal of storm waters accumulating within or flowing through the Specific Plan area. 4 .7 Sewer Fac!l i ties Maintenance. Sewer mains and other sewer facilities located within the private sewer easements shown on any final maps shall be maintained by the Association if located within the common area and by the Owner if located within an individual lot free of any obstructions which interfere with the normal passage of sewage to the public sewer system and shall also be maintained free of unreasonable amounts of inflow or infiltration; provided, however, that each Owner of a lot shall be individually responsible for maintaining any sewer lateral which connects the sewer system serving a building or structure on the 6 .~ t ... -!.--, .. 122 lot to a sewer basin located within the private sewer easements even though a portion of such sewer lateral is located within the boundaries of the private sewer easements. 4.8 Enforcement of Maintenance obligations • Notwithstanding the provisions of Article VI, below, the Association, the owner of any Benefitted Parcel and the City of Carlsbad shall have the right to enforce the maintenance obligations and covenants set forth in paragraphs 4.~ through and including Paragraph 4.8, above. provided, however, no person shall demand, require, or otherwise compel the city of' Carlsbad to exercise its right under this Paragraph 4.8. ARTICLE V -ASSESSMENTS CARLTAS, on behalf of itself and for the OWners, hereby covenants, and each Owner of a lot within the Property by acceptance of a deed therefore, is deemed to covenant and agree to pay maintenance assessments to the Association. The maintenance assessments shall be for the purpose of paying the maintenance costs incurred by the Association pursuant to the provisions of Article IV I above. Said maintenance assessments or charges must by reasonable and shall be levied on a net acreage basis. Each Owner of a lot shall pay monthly maintenance assessments in an amount equal to the monthly maintenance cost incurred by the Association multiplied by a fraction, the numerator of which shall be the net acreage in such lot and the denominator of which shall be the total net acreage of all lots within the Property. A separate formula shall be adopted upon annexation or rezoning of any Phase including any portion of the Carlsbad Ranch designated for agricultural use or open space under Tentative Map CT 92-7 ~ccompanied by a change in zoning to other uses. This formula shall reflect only the imp~ovements required to be maintained by Association as a result of said use and the following: (1) If access is taken from Armada Drive, and not from a separate roadway, then a portion of all maintenance related to Armada Drive shall be allocated to such rezoned area, on a net acreage basis. (2) If a common detention or other Association maintained storm water system is utilized by such rezoned property, then a portion of such maintenance shall be allocated to such rezoned area, on a net acreage basis. ARTICLE VI -ENFORCEMENT 6.1 COurt Action. The Association shall have the right to commence and maintain actions for damages or to restrain and enjoin 7 ' i '. , . I! "'-.~.)., _QI' _~. _ .. :-:-:. _:-=:~"-=~,, .. -:-. ::-:-.. ----=-~---:--:--~ ., ~ 123' any actual or threatened breach of any provision of this declaration or the specific Plan. 6.2 Liens. In the event any OWner fails to comply with the terms of the Specific Plan or this declaration including, but not limited to, the maintenance assessments described in Article V, then the Association may take any action necessary to bring such delinquent Owner and/or lot into conformity with the Specific Plan or this declaration. Any costs incurred by the Association to bring the delinquent OWner and/or lot into conformity shall be assessed to the owner and shall be immediately due and payable upon the delinquent Owner's receipt of the Association's written notice of assessment. . 6.2.1 Right to Enforce. The right to collect and enforce assessments in vested in the Association. The Association can enforce the obligation of any Owner to pay any assessment by commencement and maintenance of a suit at law or in equity, or the Association may foreclose by judicial proceedings or though the exercise of the power of sale pursuant to Paragraph 6.2.3 to enforce the lien rights created. suit to recover a money judgement for unpaid assessments shall be maintainable without foreclosing or waiving the lien rights. 6.2.2 Creation of Lien. If any Owner of a lot fails to pay any assessment within fifteen (15) days after receiving a written notice of assessment, the assessment and all costs that are incurred by the Association or its authorized representatives in the collection of the amounts, including reasonable attorney's fees and court costs shall be a lien against such lot upon the recordation in the Office of the County Recorder of San Diego County of a notice of delinquent assessment. The notice of delinquent assessment shall not be recorded unless such delinquency has not been cured within fifteen (15) days after delivery of notioe of assessment. The lien shall expire and be void unless, within one (1) year after recordation of the notice of delinquent assessment, the Association or its authorized representative records a notice of default as provided in this declaration or institutes judicial foreclosure proceedings. 6.2. 3 Notice of Default; Foreclosure. Not more than one (1) year nor less than (10) days after the recording of the ,notice of delinquent assessment, the Association or its authorized representative can record a notice of default and can cause the lot to be sold in the same manner as a sale is conducted under California civil Code seotions 2924, 2925b-2924c, or through judioial foreclosure. However, as a oondition precedent to the holding of any such sale under Section 29240 appropriate publ.ication shall. be made. In connection with any sale under section 2924c, the' Association is authorized to appoint its attorney, any officer or director, or any title insurance company authorized to do business in California as trustee for purposes of a -: "-. "..,... ... -"""=f.,---.---...... ------;l-A--zriLe .... .--:-.~-. -.--... -:-..:_" ... --".-------_-. 124 conducting the sale. If a delinquency is cured before sale, or before completing a judicial foreclosure, the Association or its authorized representative shall cause to be recorded in the Office of the County Recorder of San Diego County a certificate setting forth the satisfaction of such claim and release of suoh lien on payment of actual expenses incurred, including reasonable attorneys' fees, by any delinquent Owner. The Assooiation shall have the power to bid on the lot at the foreolosure sale and to acquire, hold, lease, mortgage and convey the lot. ; 6.2 .4 Waiver of Exemptions. Each Owner to the extent permitted by law, waives, to the extent of any liens created pursuant to this Article VI the benefit of any exemption laws of California in effeot at the time any assessment becomes delinquent or any lien is imposed. ARTICLE VII -BREACH SHALL NOT DEFEAT MORTGAGE A breach of any of the terms , conditions, covenants I or restrictions of this declaration shall not defeat nor render invalid the lien of any institutional first mortgage or institutional first deed of trust, made in good faith and for value, but such term, condition, covenant or restriction shall be binding on and effective against any of the parties whose title to the Property or any portion thereof is acquired by foreclosure, trustee's sale or otherwise. ARTICLE VIII -BINDING EFFECT, DURATION The covenants, conditions and restrictions set forth in this declaration shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date this declaration is. recorded. Thereafter, this declaration shall be automatioally extended for successive periods of ten (10) years unless CARLTAS records a document changing the duration of this declaration. If, after recordation of this declaration or the annexation of any Phase, CARLTAS transfers its interest in the remaining portion Of the Carlsbad Ranch which has not been annexed, then CARLTAS' successor shall (i) be obligated to reoord any notice of annexation as described in Article I, above, and (ii) have the rights of design review described in Article II, above. This Declaration may be amended by the consent of the OWners of more than 2/3 of the net acreage defined under section 3.2 above. ARTICLE IX -NOTICES All notices and deliveries provided for herein shall be deemed to have been given or made when personally delivered or mailed, postage prepaid, or delivered to a telegraph or cable company I ·addressed to the receiving party at an office where it conducts business I or such other place as the parties may designate in 9 ,-,. ... 1'/"' , . , ~ I , . V· 125 wri tinq from time to time for such purpose. Notice to the Association shall :be delivered to the Association's principal place of :business as tiled with the secretary of state of the state of California. ARTICLE X -COPIES OF DOCUMENTS Upon the transfer of any lot within the Property, or upon the leasing of any such lot, the transferor or the lessor shall deliver a copy of this declaration as may :be amended to the date of such transfer or lease, to the transferee or lessee. Wi thin thirty (30) days after such transfer or lease, said transferee or lessee shall deliver written notice thereof to the Association. Dated: __ I_-_I....,....,._'_~_f_+'_ CR-CC&R.CON "' .. . ' -.. ',' CARLTAS limited \, 10 California [:/~': /~~~FORNIA ALL-PUR!E ACKNOWLEDGMENT 126 No.5..<><l7 , State of ~ County of SAN DIEm On .:rnNDARY 12, 1994 before me, JOYCE E. MIZ<XX, NOTARY PUBLIC DATE NAME. TITlE OF OFFICER· E.G .• 'JANE COE. NOTARY PUBUC· personally appeared ___ ~amI_...;.S...;.T_O_PHER __ c_. _CArlaN ___ S...:..,_MANAGER ___________ _ NAME(S) OF SlGNER(S) KJ personally known to me -OR .. 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfare subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ----------OPTIONAL---------- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL D CORPORATE OFFICER im..E(S) o PARTNER(S) o UMITED o GENERAL D ATTORNEy-tN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR [] OTHER: M&\lAGER S!GNER IS REPRESENTING: NAME O!' ~S)OR ENTlTYPES) CART.TAS lXMPANY" A CAI,:rF()RgIA LIMITED PARmERSHIP DESCRIPTION OF ATTACHED DOCUMENT I>EX:::rARATICN OF <XJVENANTS, CCNDITICNS TiTLE OR TYPE OF DOCUMENT AND. RESTRICTICNS 10 NUMBER OF PAGES JANUARY 1, 1994 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION· 8236 Rammel Ave •• P.O. Box 7184' Canoga Park. CA 91:309-7184 1 -.~_.:.at . ~ , ' ~ .. , .. :. ,,' . ----~'" ....... ~~-'-_.-. __ ._ .. -,_ .. --.. --~ ..... -._-.. ---.-'~-._ .. -... -. LL,_," .. ~ ; .... ~g;. -, "'-. "'=e ...... _--.- 127 EXHIBIT II A II LEGAL DESCRIPTION THE !AND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT uHfI OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823 I FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1892, AS SHOWN ON RECORD OF SURVEY MAP NO. 12462, FILED DECEMBER 28, 1989 AS FILE NO. 89-704916 OF OFFICIAL RECORDS. SPECIFICALLY INCLUDING LOTS 1 THROUGH 8 OF CARLSBAD TRACT NO. 92-7 ACCORDING TO MAP THEREOF NUMBER 13078 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. WHEN RECORDED RETURN TO: Carltas Company 5600 Avenida Encinas, suite 100 Carlsbad, California 92008-4452 Attention: Christopher Calkins DRAFT 12-/Cf3 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS CARLSBAD RANCH WHEREAS, CARLTAS COMPANY, a California limited partnership ("CARLTAS"), is the Owner of the property described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Carlsbad Ranch") • WHEREAS, it is the desire and intention of CARLTAS to convey the Carlsbad Ranch and to impose on it mutual beneficial covenants, condi tions and restrictions under a general plan or scheme of improvement for the benefit of all the lands in the Carlsbad Ranch and the future Owners of those lands. WHEREAS, lots within the Carlsbad Ranch shall be cre-ated in phases ("Phases") and each Phase shall be reflected in a Final Map recorded in the Office of the County Recorder of San Diego. Each legal parcel created by a Final Map for the Carlsbad Ranch, or any resubdivision thereof, shall be a "lot" as referred to herein. WHEREAS, upon recordation of this declaration, those lots included in the first recorded Final Map for the Carlsbad Ranch (the "Property") shall be subject to the terms and conditions of this declaration. NOW, THEREFORE, CARLTAS hereby declares that all of the Property is held, and, shall be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied and improved subject to the following covenants, conditions and restrictions all of which are declared to be in furtherance of a plan for the subdivision, improvement and sales of the lands and are established and agreed upon for the purpose of enhancing and protecting the val ue ~ desirability and attractiveness of the lands and every part thereof. All of the covenants, conditions and restrictions shall run with the land and shall be binding on all parties having or acquiring any part thereof. The burdened lots under this declaration shall be all lots located within the Property. I ,I ' .. ARTICLE I -ANNEXATION Except the first Phase, before CARLTAS conveys any lot in a Phase, CARLTAS shall annex such Phase to the Property by recording a notice of annexation in the Office of the county Recorder of San Diego. Said notice shall set forth the legal description and net acreage, as defined in Paragraph 3.2, of all lots in said annexed Phase. Upon any such annexation the term "Property" as used in this declaration shall be defined to include said annexed lots and said lots shall be subject to all of the terms and conditions of this declaration. ARTICLE II -DESIGN REVIEW So long as CARLTAS owns any Benefitted Parcel, as defined below, no structure shall be constructed on the Property without CARLTAS' prior written reasonable approval. Conceptual plans and detailed schematic plans and specifications for any structure to be constructed shall be submitted to CARLTAS for review. CARLTAS shall have fifteen (15) days to approve or disapprove the plans and specifications. In the event CARLTAS fails to deliver written notice of approval or disapproval wi thin said fifteen (15) day period, then the plans and specifications shall be deemed approved. Any notice of approval shall be in recordable form. CARLTAS' approval shall be based on conformity to the criteria set forth in the City of Carlsbad Specific Plan (207) for the Property in effect on the date this declaration is recorded in the Official Records of the County of San Diego (the "Specific Plan") , the overall design and landscape as in place for the Property, and the visual impact to the adj oining properties. A copy of the Specific Plan is on file with the City of Carlsbad. In the event the Specific Plan is amended, modified or changed in any manner, the criteria set forth in the Specific Plan shall continue to be the criteria by which CARLTAS evall,lates any plans and specifications submitted to CARLTAS for approval, unless CARLTAS specifically adopts any such change by a recorded supplement to this declaration. CARLTAS may assign its rights under this Article II to the Association, as defined below. The Benefitted Parcels under this declaration shall be any lot located within the Property. ARTICLE III -ASSOCIATION 3.1 Organization and Membership. Every Owner of a lot within the Property ("Owner") shall automatically upon becoming the Owner of such lot be a member of the Carlsbad Ranch Maintenance Association (the "Association"). The Association shall be organized as a California corporation under the California Nonprofit Corporation Law. The Association shall be charged with 2 the duties and vested with the powers prescribed by law and set forth in this declaration, the Association articles and bylaws. 3.2 Voting. The Association bylaws shall provide that voting shall be based on net acreage, as defined below, wi thin the Property. Said bylaws shall provide that one vote shall be allocated for each net acre set forth in the Specific Plan or notice of annexation. A fractional vote shall be allocated for each fractional net acre. Should more than one person hold an Ownership in any lot, other than solely as security for an obligation, then the vote shall be allocated as such Owners agree, or in the absence of such agreement, in proportion to their interests therein in the manner provided in said bylaws. Any action by the Association which must have the approval of the membership of the Association before being undertaken shall require the vote or written assent of more than fifty percent (50%) of the votes held by all Owners. "Net acreage" shall be defined to exclude acreage zoned exclusively for agricultural and/or open space use. ARTICLE IV -MAINTENANCE 4.1 Maintenance and Repair by Association. The Association shall be responsible for the maintenance and repair of all of the common area within the Property, together with such other improvements, landscaping, slopes and features of the Property, the maintenance and repair of which has been imposed upon the Association by the Specific Plan, the LFMP, and the conditions of approval of the final maps recorded in connection with the development and use of the Property. wi thout limi ting the generality of the foregoing rior the description of the powers and duties of the Association; the Association shall be required to accomplish the following: . (a) clean, maintain and repair the community Entries, all common area slopes, parkways, signage, medians, lighting, landscaping and irrigation improvements, the trail system, and other improvements adjacent to any public streets within the Property the responsibility for the maintenance of which slopes, parkways, signage, medians, lighting, landscaping and irrigation improvements and slopes thereof (including without limitation slopes adjacent to Cannon Road and Armada Drive has been imposed upon the Association by the terms and provisions of the Specific Plan, the LFMP or in any conditions of approval of any final maps recorded in connection with the development of the Property or any portion thereof; (b) maintain and/or coordinate with any utility or similar service company as may be required in connection with the installation, maintenance, repair or relocation of all gas lines, electric lines, utility lines and all easements therefor and all connections thereof located in or serving the common area, the 3 obligation for such maintenance and coordination has not been assumed, undertaken or imposed upon any Owner of any lot as a part of the land use or development approvals for such lot or pursuant to the provisions of this Declaration; and (c) Except where situated within lots sold or transferred to Owners (and therefore the obligation of such Owner) , maintain and repair all slopes (whether manufactu~ed or natural), and all landscaping and open space, fences, irrigation and erosion control improvements and perform all other work, including without limitation, brush clearance and pruning within any Fire Suppression Zones as required by the Carlsbad City Landscape Guidelines, maintain and repair the water conservation improvements (imniediately down stream from any portion thereof owned and/or maintained by the City or any other local governmental agency regulating the use of reclaimed water or such improvements), maintain and repair any and all concrete terrace drains and other drainage, erosion control improvements, catch basins, siltation improvements (including any equipment and/or monitoring program related thereto) and all trails, paths, overlook areas, signage, benches or other improvements or structures located or installed within the property as may be required by the City, or any other governmental agency in order to implement and comply with the Coastal Zone Restrictions imposed upon the use or development of the Property by the California Coastal Commission. Easements are hereby reserved for and established in favor of Carltas, its successors and assigns, together with the right to grant or transfer the same to the Association, and its agents, in, over, under and across all such portions of the Property adjacent to or connecting Common Areas as are (i) reasonably necessary to discharge the maintenance and repair obligations of the Association as described herein, (ii) reasonably necessary to enter upon, maintain and repair fences, fire suppression zones and the slopes, landscaping and improvements locates therein and (iii) reasonably necessary to maintain and repair fences and walls at the boundary of parcels not subject to the jurisdiction and responsibility of an Owner of a lot. 4.2 Maintenance and Repair of Individual Proj ects. Except as specifically imposed on the Association above, the maintenance and repair of all lots, common areas, neighborhood entries, coastal resources areas located within lots, slopes, landscaping, trails, drainage, erosion control and other improvements (including without limitation extension of or connections to· water conservation improvements permitted by the City and/or other governmental agencies having jurisdiction over same) which are located within the boundaries of a lot, together with all private streets and private street signs within a lot, shall be the responsibility of the Owner of such lot. 4 .e 4.3 Maintenance District. Easements are hereby reserved for and established in favor of Carltas, together with the right to grant the same to the Association, Owners or others in, over and across all those portions of the Carlsbad Ranch. subject to use as a part of the Trail System. The Association shall have full power and authority, with the cooperation of the City, to establish or create a District for the perpetual maintenance of the trail system or any other portions of the common area which are required to be made available for public use. . 4.4 Owner Failure to Maintain. In the event any Owner fails to maintain, repair or install improvements on any portion of such Owner's lot, unit or other Ownership Interest as required herein in accordance with standards established from' time to time by the Design Review Committee, the Board of Directors shall have the right, to cause such maintenance, repair or installation to be accomplished as follows: (a) Upon finding by the Board of a deficiency in such maintenance, repair or installation or other breach of such obligation, the Board shall give notice of such deficiency, failure or breach to the responsible Owner which notice shall briefly describe such deficiency, failure or breach and set a date fo+, hearing before the Board or a committee selected by the Board for such purpose which hearing shall be held, if called, not less than ten (10) nor more than thirty (30) days from the date of the notice. (b) Such hearing shall be conducted according to such rules and procedures as the Board shall adopt and which rules and procedures shall provide the Owner with the right to present oral and written evidence and to confront and cross-examine adverse witnesses. If the Board or committee renders a decision against the responsible Owner, the Board or committee shall further set a date (reasonably related to the nature of the deficiency, failure or breach) by which the deficiency, failure or breach is to be corrected by the responsible Owner. A decision of the committee may be appealed to the Board, but a decision of the Board shall be final. (c) If the deficiency, failure or breach continues to exist after any time limitation imposed by the committee and if such deci~ion is not appealed to the Board, the Board may cause such deficiency, failure or breach to be performed or cured. (d) If the Board elects to cause such maintenance, repair or installation to be performed, the Board shall give ten (10) days' notice to the Owner of such election within which the Owner is to select a date not less than fifteen (15) nor more than forty-five (45) days following such notice by the Board within which such maintenance, repair or installation shall be performed or cured. If within said ten (10) day period the Owner has not 5 selected such a date for performance or cure, the Board may select a date which shall not be less than ten (10) nor more than sixty (60) days from the date of the Board's original ten 910) day notice within which Owner shall perform or cure the deficiency, failure or breach involved. Unless the Owner and the Board otherwise agree, such maintenance, repair or installation shall take place only during daylight hours on any day, Monday through Friday, excluding holidays. (e) If the Association pays for all or any portion of the performance or cure of such maintenance, repair or installation, or if such Owner does not select a date as provided above upon which such maintenance, repair, installation, or cure is to be performed or cured or does not perform such maintenance, repair or installation on or before the date set by the Board and if the Owner does not otherwise agree in writing that entry onto such lot or other Ownership Interest may be had by the Association or its delegates for such purpose, the Association may seek appropriate judicial relief, but may not impose a Special Assessment to recover or reimburse the Association for such·cost. 4.5 Private Street Maintenance to city Standards. The pavement·, sidewalks and streetlights located within the Private Streets shall be maintained by the Owner where located in a safe, functional and attractive condition that is consistent with the standards adhered to by the city of Carlsbad for the maintenance of public streets, public sidewalks, and public streetlights. 4. 6 Storm Drain Maintenance. The surface of the storm drainage easements shown on final maps for the Property and all underground storm drains and storm drainage disposal facilities located within said storm drainage easements shall be maintained by the Association where located within community.common area and by the Owner of each lot where located within an individual lot free of any obstructions which would interfere with the normal collection, passage and disposal of storm waters accumulating within or flowing through the Specific Plan area. 4.7 Sewer Facilities Maintenance. Sewer mains and other sewer facilities located within the private sewer easements shown on any final maps shall be maintained by the Association if located within the common area and by the Owner if located within an individual lot free of any obstructions which interfere with the normal passage of sewage to the public sewer system and shall also be maintained free of unreasonable amounts of inflow or infiltration; provided, however, that each Owner of a lot shall be individually responsible for maintaining any sewer lateral which connects the sewer system serving a building or structure on the lot to a sewer basin located within the private sewer easements even though a portion of such sewer lateral is located within the boundaries of the private sewer easements. 6 4.8 Enforcement of Maintenance obligations. Notwithstanding the provisions of Article VI, below, the Association, the Owner of any Benefitted Parcel and the City of Carlsbad shall have the right to enforce the maintenance obligations and covenants set forth in Paragraphs 4.1 through and including Paragraph 4.8, above. Provided, however, no person shall demand, require, or otherwise compel the city of Carlsbad to exercise its right under this Paragraph 4.8. ARTICLE V -ASSESSMENTS CARLTAS, on behalf of itself and for the Owners, hereby covenants,· and each Owner of a lot within the Property by acceptance of a deed therefore, is deemed to covenant and agree to pay maintenance assessments to the Association. The maintenance assessments shall be for the purpose of paying the maintenance costs incurred by the Association pursuant to the provisions of Article IV, above. Said maintenance assessments or charges must by reasonable and shall be levied on a net acreage basis. Each Owner of a lot shall pay monthly maintenance assessments in an amount equal to the monthly maintenance cost incurred by the Association multiplied by a fraction, the numerator of which shall be the net acreage in such lot and the denominator of which shall be the total net acreage of all lots within the Property. ARTICLE VI -ENFORCEMENT 6.1 Court Action. The Association shall have the right to commence and maintain actions for damages or to restrain and enjoin any actual or threatened breach of any provision of this declaration or the Specific Plan. 6.2 Liens. In the event any Owner fails to comply with the terms of the Specific Plan or this declaration including, but not limited to, the maintenance assessments described in Article V, then the Association may take any action necessary to bring such delinquent Owner and/or lot into conformity with the Specific Plan or this declaration. Any costs incurred by the Association to bring the delinquent Owner and/or lot into conformity shall be assessed to the Owner and shall be immediately due and payable upon the delinquent Owner's receipt of the Association's written notice of assessment. 6.2.1 Right to Enforce. The right to collect and enforce assessments in vested in the Association. The Association can enforce the obligation of any Owner to pay any assessment by commencement and maintenance of a suit at law or in equity, or the Association may foreclose by judicial proceedings or though the exercise of the power of sale pursuant to Paragraph 6.2.3 to enforce the lien rights created. Suit to recover a money judgement 7 , .,. for unpaid assessments shall be maintainable without foreclosing or waiving the lien rights. 6.2.2 creation of Lien. If any Owner of a lot fails to pay any assessment within fifteen (15) days after receiving a written notice of assessment, the assessment and all costs that are incurred by the Association or its authorized representatives in the collection of the amounts, including reasonable attorney's fees and court costs shall be a lien against such lot upon the recordation in the Office of the county Recorder of San Diego County of a notice o'f delinquent assessment. The notice of delinquent assessment shall not be recorded unless such delinquency has not been cured within fifteen (15) days after delivery of notice of assessment. The lien shall expire and be void unless, within one (1) year after recordation of the notice of delinquent assessment, the Association or its authorized representative records a notice of default as provided in this declaration or institutes judicial foreclosure proceedings. 6.2.3 Notice of Default; Foreclosure. Not more than one (1) year nor less than (10) days after the recording of the notice of delinquent assessment, the Association or its authorized representative can record a notice of default and can cause the lot to be sold in the same manner as a sale is conducted under California civil Code sections 2924, 292Sb-2924c, or through judicial foreclosure. However, as a condition precedent to the holding of any such sale under section 2924c appropriate publication shall be made. In connection with any sale under section 2924c, the Association is authorized to appoint its attorney, any officer or director, or any title insurance company authorized to do business in California as trustee for purposes of conducting the sale. If a delinquency is cured before sale, or before completing a judicial foreclosure, the Association or its authorized representative shall cause to be recorded in the Office of the county Recorder of San Diego county a certificate setting forth the satisfaction of such claim and release of such lien on payment of actual expenses incurred, including reasonable attorneys' fees, by any delinquent Owner. The Association shall have the P9wer to bid on the lot at the foreclosure sale and to acquire, hold, lease,' mortgage and convey the lot. 6.2 • 4 waiver of Exemptions. Each Owner to the extent permitted by law, waives, to the extent of any liens created pursuant to this Article VI the benefit of any exemption laws of California in effect at the time any assessment becomes delinquent or any lien is imposed. ARTICLE VII -BREACH SHALL NOT DEFEAT MORTGAGE A breach of any of the terms , conditions, covenants, or restrictions of this declaration shall not defeat nor render invalid the lien of any institutional first mortgage or 8 institutional first deed of trust, made in good faith and for value, but such term, condition, covenant or restriction shall be binding on and effective against any of the parties whose title to the Property or any portion thereof is acquired by foreclosure, trustee's sale or otherwise. . ARTICLE VIII -BINDING EFFECT, DURATION The covenants, conditions and restrictions set forth in this declaration shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date this declaration is recorded. Thereafter, this declaration shall be automatically extended for successive periods of ten (10) years unless CARLTAS records a document changing the duration of this declaration. If, after recordation of this declaration or the annexation of any Phase, CARLTAS transfers its interest in the remaining portion of the Carlsbad Ranch which has not been annexed, then CARLTAS' successor shall (i) be obligated to record any notice of annexation as described in Article I, above, and (ii) have the rights of design review described in Article II, above. ARTICLE IX -NOTICES All notices and deliveries provided for herein shall be deemed to have been given or made when personally delivered or mailed, postage prepaid, or delivered to a telegraph or cable company, addressed to the receiving party at an office where it conducts business, or such other place as the parties may designate in wri ting from time to time for" such purpose. Notice to the Association shall be delivered to the Association's principal place of business as filed with the secretary of state of the state of California. /////////////////////////////// /////////////////////////////// /////////////////////////////// ////////////////////1////////// /////////////////////////////// /////////////////////////////// /////////////////////////////// /////////////////////////////// /////////////////////////////// /////////////////////////////// /////////////////////////////// /////////////////////////////// /////////////////////////////// /////////////////////////////// /////////////////////////////// /////////////////////////////// /////////////////////////////// /////////////////////////////// 9 ARTICLE X -COPIES OF DOCUMENTS Upon the transfer of any lot within the Property, or upon the leasing of any such lot, the transferor or the lessor shall deliver a copy of this declaration as may be amended to the date of such transfer or lease, to the transferee or lessee. within thirty (30) days after such transfer or lease, said transferee or lessee shall deliver written notice thereof to the Association. Dated: -------------------- CR-CC&R.CON CARLTAS COMPANY, a California limited partnership By: ~~~~~~--=--=~~----~------Christopher C. Calkins, Manager 10 • EXHIBIT "A" FINAL MAP -PHASE ·e • EXHIBIT "B" DESCRIPTION OF DETENTION BASIN .,' REC'O FROM (2-;.\ R L TljS (10/1;1 PItN Y DATE_4-r-f~,,-, ,+/--'-q..:;,.:J-__ _ ACCOUNT NO. DESCRIPTION AMOUNT -r c ~ PEF2!V\ I T 62/~ J+DP .q~-/J 400 '00 . I -' . cr '1,2-7 I t to) '1 so : 00 PF~ 50 I :DO I NOl1(~l N6-500 100 I I I I I 9380. 09/21/9~ 0001 01 02 I M "'~"'t l"T" of "" ... J, ". 1\1\ ~ "t: , .1 I fW' "'¥1.l' I I I I I bRe~elPT No.16770 I TOTAL 17,90(1 I tJ (.I I I • • PLEASE NOTE: Time limits .on the processing of discretionary projects established by state law do not start until. a project app 1 i cat i on is deemed complete by the City. The City has 30 ca'lendar days from the date of appl ication submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will . start upon the date of the completion letter. . . ~c~~~c~o " ited Partnership Applicant Signature: " ~~~ . ~--' ". ripher aIkins, ~er Staff Si gnature: ~-"'7Z~~' If..-" ~i:::--________ ~_-=---____ _ . -\ Date: 'l1?')tJ2 \. / /-To be stapled with receipt to application Copy for fil e .", '"'' .. ' TRANSMITTAL LETTER To: City of Carlsbad Date: __ 9~/_21-=/_9_2 __ 89-1014 .Job No.: ______ _ Project: _C.:..ar::..:::::..::lb:..::....:...a...:.d-:..R;...an---=c..:.h:........::T.:... • .:...M_.:...-_____ _ Re:_.::T..:.e.:..n..:.t.:..a..:.t.:..i...:.v..:.e-=-M.:..a~p-=S..:.ub~m.:..i..:.t..:.t.:..a=l __________ _ Planning Department Attn.: _-=~====~~~~~~~ _______ _ T.M.: __________________ _ Dwg.: ______________________ _ We are enclosing _______________ blueline ______ sepias ________ original drawings or o For your files o For your proposal o For your review and approval 0 _______________ _ o Per your request o Transmitted via: 0 Mail o For information o Parcel Post ________ _ o Please sign ___ copies and return to our office o Pick up by __________ _ Remarks: Enclosed: o FAX ~ [XI Delivered by ~--------)/ 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. ll. 12. 13. 14. 15. 16. 10 copies of folded Tentative Map 10 copies of folded Constraints Map 10 copies of Hillside Development Exhibits (folded) Preliminary Hydrology Study Ori'~'inal Public Facilities Fee Agreement signed and notarized One copy of Public Facili·ties Fee Agreement Three copies of the Preliminary Title Report Reduced Site Plan (2) copies of P;:'eliminary Soils Reports and Update letters (2) copies of Traffic Analysis Application form Location Map Site picture package Complete/Time limits note Disclosure statement Submittal fee checks totalling $ 7220 Avenida Encinas Suite 204 Carlsbad, California 92009 619-931-7700 Fax: 619-931-8680 Civil Engineering Planning Processing Surveying SE? 2 1 1992