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CT 92-08; GREEN VALLEY; Tentative Map (CT)
crry OF CARLSBAD LAND USE REVIEW APPLICATION Op FOR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT (FOR DEPT USE ONLY) USE ONLY) Master Plan O Specific Plan O Precise Development Plan Tentative Tract Map (Master) O Planned Development Permit Non-Residential Planned Development O Condominium Permit Special Use Permit Redevelopment Permit F1 Tentative Parcel Map o Administrative Variance C] General Plan Amendment o Local Coastal Plan Amendment o Site Development Plan Zone Change O Conditional Use Permit Hillside Development Permit Environmental Impact Assessment O Variance Planned Industrial Permit Coastal Development Permit Planning Commission Determination F1 List any other applications not speciflced 2) LOCATION OF PROJECT: ON THE West SIDE OF El Cam i no Real 1 (NORTH, SOUTH EAST, WEST) (NAME OF STREET) BETWEEN La Costa Avenuej AND I 01 ivenhain Road 1 (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: I Portion of Section 2, Ti 3S, RiW; and portion of Section 35, T12S, R4W 4) ASSESSOR PARCEL NO(s). 1216-122-24,36,37:255-011-08 . . .12:255-02i--05...08 5) LOCAL FACILITIES I 23 J 6) EXISTING GENERAL PLAN I C/O/RMJII 7) PROPOSED GENERAL PLAN - MANAGEMENT ZONE DESIGNATION DESIGNATION 8) EXISTING ZONING P/C 9) PROPOSED ZONING -j 10) GROSS SITE ( 281 ACREAGE Open Space 11) PROPOSED NUMBER OF 12) PROPOSED NUMBER 13) TYPE OF SUBDIVISION Comme.c i a 1 RESIDENTIAL UNITS 4O0 OF LOTS ii Residntia1 / (RESIDENTIAL / COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS L o 15) PROPOSED INDUSTRIAL o ] 16) PROPOSED COMMERCIAL 1600,0001 OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE NOTE osED PRGtREt RING TKAt REQ(JUNG TfWO OiAP1UCi1ON BE111 M iø4ttED PRIOR tO4OQ PJ FRM00016 8/9C © NOV 13 1992 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM 4p PAGE 2OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 1 71 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 400 (rels ident ial) (Commercial to be determined by City Engineer perTable •13.1.0.02O(ic)4tem (12)) 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 34, /-iooj 20) PROJECT NAME: r Green Va 11 ey I 21) BRIEF DESCRIPTION OF PROJECT: (Riparian woodland conservation corridor, subregional retail center, multi-family residential, upland bluff conservatio area, and mini-convenience commercial. 22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF Cm' STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PRO ZE&TY TWAT IS THE SUBJECT OF THIS APPLICATION. VWE CONSENT TO ENTRY FOR THIS PURPOSE U SIGNATURE 23) OWNER 24) APPLICANT NAME (PRINT OR TYPE) NAME (PRINT OR TYPE) Carlsbad Partners 1 .L.+Cl. Same MAILING ADDRESS MAILING ADDRESS 1601 Elm Street, Suite a'-j CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Dallas, TX 7520 1 (204) 979 -9072 CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE LEGAL OWNER'S REPRESENTATIVE AND AND THAT ALL THE ABOVE INFORMATION THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT 10 THE IS TRUE AND CORRECr 10 THE BEST OF BEST Of MY KNOWLEDGE. MY KNOWLEDGE. SIGNATURE DATE SIGNATURE DATE FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED TOTAL FEE REQUIRED DATE FEE PAID RECEIPT NO. V CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Green Valley Master Plan EIR 93-02/MP 92-01/LCPA 93-06/LFMP 87-231CT 92-08JHDP 92-15/SUP 92-05 LOCAL FACILITY MANAGEMENT ZONE:23 GENERAL PLAN: C/O/RMH/OS ZONING: PC DEVELOPER'S NAME: Carlsbad Partners LTD ADDRESS: P0 Box 210129, Dallas, TX 75211 PHONE NO.: (214) 331-1396 ASSESSOR'S PARCEL NO.: 216-122-24.36,37: 255-011-8.9.10,11.12: 255-021-5,6.7.8 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 281.2 ESTIMATED COMPLETION DATE: Undetermined A. City Administrative Facilities: Demand in Square Footage = 1390 B. Library: Demand in Square Footage = 741 C. Wastewater Treatment Capacity (Calculate with J. Sewer) 563.3 D. Park: Demand in Acreage = 2.78 E. Drainage: Demand in CFS = 302.9 Identify Drainage Basin = (Identify master plan facilities on site plan) F. Circulation: Demand in ADTs = 25.300 (Identify Trip Distribution on site plan) 19 G. Fire: Served by Fire Station No. = 2 H. Open Space: Acreage Provided - 79.5 I. Schools: 212 (Demands to be determined by staff) J. Sewer: Demand in EDUs - 563.3 Identify Sub Basin - N/A (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD - 121926 L. The project is 241 units below the Growth Management Dwelling unit allowance. P_.~ 10 RECEIVED OV 13 1992 PROJECT DESCRIPTION/EXPLANATION CTY OF CALA FUZIEMP.1101 DEPT. PROJECT NAME: Green Valle APPLICANT NAME: Carlsbad Partners Inc. 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 if necessary. Description/Explanation. The proposed development will include a riparian woodland conservation area, subregional retail center, multi-family residential, upland bluff conservation area, and mini-convenience commercial on 281 gross acres. The total development area will comprise approximate 81 acres, or 29% of the property. Open space will comprise approximately 200 acres, or 71% of the property. The project will include two access roads at Calle Barcelona and Levante Street and a north-south interior street. The riparian woodland conservation area encompasses approximately 72 acres of the Encinitas Creek corridor adjacent to El Camino Real. This area will be preserved within an open space easement. The subregional retail center (approximately 53 acres) will be located in the south-central portion of the property and will have a maximum of 600,000 square feet of commercial floor area. A landscaped parking lot will be located in the front of the center, with employee parking and service areas in the rear. The multi-family residential area (15 acres) to the north of the retail center is proposed for a maximum of 400 dwelling units contained within two- and three-story multi-unit buildings. The upland bluff conservation area (approximately 128 acres) is located in the hilly western portion of the property. The area, which consists of moderate to steeply sloping hills, will be preserved within an open space easement. The mini-convenience commercial area (1.6 acres), located at the intersection of La Costa Avenue and El Camino Real, will contain one or two convenience-type businesses such as service station, bank, fast food restaurant, or convenience grocery store. Rev. 4/91 ProjtDesc.frm 0 Carlsbad DISCLOSURE STATEMENT APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE C1Y COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: Applicant List the names and addresses of all persons having a financial interest in the application. Owner List the names and addresses of all persons having any ownership interest in the property isvolved. Carlsbad Partners. ltd. Suite 2364, 1601 Elm St. Dallas, Texas 75201 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. Nelson Bunker Hunt Ligniditing Trust 8235Douglas Ave.. #1300, Dallas, Tx William Herbert Hunt Liauidating Trust 8235 Douglas Ave., #1300, Dallas, T T. J. Curnes 8235 Douglas Ave., #1300,Dallas,Tx. Pacwes, Ltd. 8235 Douglas Ave., #1300,Dallas, Tx Penyen Partners, Ltd. 8235 Douglas Ave.,#1300,Dallas,Tx. 75225 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. N/A FRM000 113 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) Person is defined u: '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.) Signa6re of Owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant DvLoftEA'r EA,//4L P7,'1s, L-S FRM00013 8/90 . 0 Carlsbad D(SCLOSUE SIT ATZMENT UCA5 S7A!'.4E?T OF DtSC.CSUE OF CEAN CWN€SP !E5'73 ON AU.. AP1JC1ON5 wlCi.i ''L. :SCE1CMAY ACrioN -,-E PAPM OF huE C"r LNCL =F1 ANY A?QCN1W 5(A MMIS5IC!'4 09 CMm= ;...,, cuowirig information must bedisclosed: 01 Ic a rTt Lst tr.e names and addresses f a persons riaving a nanca1 interest ri tie aoplicaori. 2. Owner L.st re names and addresses of ail persons Maying any ownersnip interest in te crcoertv irvcivec. Carlsbad Partners, td. P.O. 3ox 210129 Dallas, Tx. 75211 If any person ideritrd pursu1t to (1) or (2) above is a =mcration or partrl.rshiC, list tie names anc aOdr3s.sas of all iridi,duajs cv.i,ing mci'. Man I 0% of tfia snares in tMe =rocration or owning any partriersn:z nterest in tne N5i Liquidating Trust ?.0.Box 210129, Dallas, Tx, 75211 Wkid Liquidaing Trust 2121 San. Jacinto St., Suite 1010, Dallas,T: aor Zavestments corp. 2121 San Jacinto St., Suite 1010, Dallas,T: 73201 if any ;arson identfred pursuant to (1) or (2) above is a rlOfl-fOt organilittorl or * trust. list tM4 names ar accresses of any p.rsn serving as omr or o.c of Ze rçct opnizaon of as tn.istes or :eneflcar RM13 4/91 P2g1o(2 2075 Las PairmaA Orive • Cartscsa; Caltorn,a 2009-4409 • (619) £3e-1 I 61 --- k~ 0 0 IOve,j Disclosure Statement Page 2 5. Have you Mal more than S25 wo rth of business transacted wiO any memoer of City taft, Soarcs. Commissions, Committees and Council wsrf7in the past (we/ye mor,cns? Yes - No _L If yes, please indicate person(s)___________________________________________ csolimed as: 'm'v rdswsdu. ml. cOsi4f1'De. osflv.IUrl. CsA 4JUG. frwtomaj3fçsnlZ*oofe. OGlDC41 •$tl{ r ..c.'.e Syvcsie. tM&A 4^4yOGqw caum. :r, wd c4CI?!. ,my tU.MiICQ4W!!. otsoon at Olv pairacm 1Osvsoil. oe aliy :etiaaa.i acn as s Aao imczaas r'cas.ay) 'Sir çfl1ZI R. Carter ?ace;--"Trustee of the NBH Liquidating Trust and no t Irtdividuallv or y* iatris cc CwMW Si4r1 of acolwwwidne P nM or yps rame Ct appc= FRM 13 4/91 Page 2 of 2 46 . STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. Signa 'Dat e / $ \7: Ct4,AA1V0 -C Name (Print) Relationship to Application (Property Owner-Agent) lot FORM: PLANNING 37. REVISED 3/80 OAPPLICATION REQUIREMENTS FORE TENTATIVE TRACT MAPS (AND REVISIONS) TENTATIVE PARCEL MAPS CONDOMINIUM PERMITS PLANNED DEVELOPMENT PERMITS (FOR RESIDENTIAL PROJECTS ONLY) -Dt Ten (10) copies of the tentative map/condominium site plan prepared on a 24"x 36" sheet(s) and folded into 81/2 x 11" size Pifteen. cQpIe$ of the tentative tract map/condominium site plan shall be submitted bythe .appthant upon request of the project planner prior to project approval. Each tentative map shall contain the following information: I. GENERAL INFORMATION: O A. Name and address of owner whose property is proposed to be subdivided and the name and address of the subdivider; 0 B. Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps; O C. North arrow; O D. Scale; vicinity map; O E. Date of preparation/revisions; O F. Classification of lots as to intended residential, commercial, industrial or other uses; O G. Tentative Map number in upper right hand corner (City to provide number at time of application). O H. Number of units to be constructed when a condominium or community apartment project is involved; Total number of lots proposed. O I. Name of sewer and water district providing service to the project. O J. Average Daily Traffic generated by the project broken down by separate uses. FRM003 10/92 Page 1 of 8 fl IC. NamSchool District i)rovidinz service to #Lct. O L. Proposed density in lots or dwelling units per acre. O M. Existing Zone and General Plan Designation. O N. Site acreage. II. SITE INFORMATION: A. General 0 1) Approximate location of existing and proposed building and permanent structures; O 2) Location of all major vegetation, showing size and type; O 3) Location of railroads; O 4) Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data); O 5) Lot lines and approximate dimensions and number of each lot; 0. 6) Lot area for each proposed lot. O 7) Setback dimensions for the required front, rear and side yard setbacks for all structures; O 8) Indicate top and bottom elevations for all fences, walls, and retaining walls. Show these elevations at each end of the wall and in the middle. Also show the worst condition elevation. El 9) Show site details for all recreation lots or areas (when applicable). 0 10) Total building coverage for lots with proposed structures. B. Streets and Utilities 0 1) The location, width and proposed names of all streets within and adjacent to the proposed subdivision, show proposed Street grades and centerline radii. Provide separate profile for all streets with grades in excess of 7%. Streets should be in conformance with City Standards and Engineering Department Policies. (Especially Policy Numbers 1 and 22) 0 2) Name, location and width of existing adjacent streets and alleys. FRM003 10/92 Page 2 of 8 0 3) !rpical street section for all adjacent Vets and streets within the project. 0 4) Width and location of all existing or proposed public or private easements. O 5) Public and private streets and utilities clearly identified. O 6) Show distance between all intersections and medium and high use driveways. O 7) Clearly show parking stall and isle dimensions and truck turning radii for all parking areas. O 8) Show access points to adjacent undeveloped lands. O 9) Show all existing and proposed street lights and utilities (sewer, water, major gas and fuel lines, major electric and telephone facilities) within and adjacent to the project. O 10) Show all fire hydrants located within 300 feet of the site. C. Grading and Drainage 0 1) Approximate contours at 1' intervals for slopes less than 5%, 2' intervals for slopes between 5% and 10%, and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100 foot perimeter of the boundaries of the site. Existing onsite trees; those to be removed and those to be saved. O 2) Earthwork volumes: cut, fill, import and export. O 3) Spot elevations at the corners of each pad. O 4) Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. O 5) Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision; show location and approximate size of any proposed detention/retention basins. O 6) Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. 2. One (1) copy of 8 1/2" x 11" reduced site plan and building elevations. FRM003 10/92 Page 3 of 8 One (1) co38 1/2" X 11" location map (suggested 200" - vicinity maps on the site plan are not acceptable). rD4 Environmental Impact Assessment Form (separate fee required). Required for tentative parcel maps only where significant grading is proposed. Check with Planning staff to determine if required for your application. ç --- Public Facility Agreement: Two (2) copies: One (1) notarized original and one (1) reproduced copy. (Separate fee required). Disclosure Statement. (Not required for tentative parcel maps.) 7. Property Owners' List and Addressed Labels SCHEDULED TO BE HEARD BY THE DECISION MAKING BODY, THE PROJECT PLANNER WILL CONTACT THE APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP, TWO SETS OF THE PROPERTY OWNERS LIST AND LABELS. THE APPLICANT SHALL BE REQUIRED TO SIGN A STATEMENT CERTIFYING THAT THE INFORMATION PROVIDED REPRESENTS THE LATEST EQUALIZED ASSESSMENT ROLLS FROM THE SAN DIEGO COUNTY ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD UNTIL THIS INFORMATION IS RECEIVED. A typewritten list of names and addresses of all property owners within a 600 foot radius of subject property (including the applicant and/or owner) except for all Tentative Parcel Maps which shall submit a list utilizing a 300 foot radius pursuant to Section 20.24.115 of Title 20. The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. - Two (2) separate sets of mailing labels of the property owners within a 600 foot radius of subject property except for Tentative Parcel Maps which shall utilize a 300 foot radius. For any address other than single family residence, apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. 8. 600 Foot Radius May (300 foot radius for Tentative Parcel Maps A map to scale not less than 1" = 200' showing each lot within 600 feet of the exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. For Tentative Parcel Maps, a map to scale on an 8 1/2 x 11 inch sheet, showing each lot within 300 feet of the exterior boundaries of the subject project. Preliminary Hydrology map and calculations for lots exceeding one acre. Show before and after discharges to each including drainage basin. FRM003 10/92 Page 4 of 8 • . -D-----. 10. Three (3) copies of the Preliminary Title Report (current within the last six (6) months). Proof of availability of sewer if located in the Leucadia County Water District or the Vallecitos Water District. <412. School District letter indicating that school facilities will be available to the project. Colored Site Plan and Elevation Plan (Not required with first submittal and not required for tentatie parcel maps). It is the Applicant!s responsibility to bring one (1) copy of a colored site plan and one (1) copy of a colored elevation to the Planning Department by Noon eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. 14. Statement of agreement to waive tentative subdivision map time limits. Required for tentative maps only when project requires concurrent processing of planning application, or environmental review. 15. Constraints Map At the same scale as other exhibit (i.e., Tentative maps, Site Plan, etc.). (24" x 36") folded to 8 1/2" x 11" shall include the following information: (Note: this information is not required for previously graded sites and the conversion of existing structures.) If the constraint does not apply to the property, list it on the map as not applicable. O (1) Major ridge lines O (2) Distant views O (3) Internal views O (4) Riparian or woodlands O (5) Intermittent drainage course O (6) 25 - 40% slopes O (7) Slopes 40% and above O (8) Major rock outcroppings O (9) Easements O (10) Floodplains O (11) Archaeological sites O (12) Special planning areas - type of special planning area FRM003 10/92 Page 5 of 8 O G 3) Biollaol Habitats. Indicate the location of cosae scrub and chaparral plant communities existing on the site 0 (14) Beaches 0 (15) Permanent bodies of water 0 (16) Wetlands 0 (17) Land subject to major power transmission easements 0 (18) Railroad track beds. 0 16. All projects must evaluate their potential impacts on the regional transportation system, including the costs of mitigating the associated impacts, as required by the , X SANDAG Congestion Management Program (CMP). For projects with an average daily traffic (ADT) generation rate greater than 500 vehicles per day or 200 or more peak-hour vehicle trips: Submit two (2) copies of a Circulation Impact Analysis for the project. The analysis must be prepared by a Registered Traffic Engineer or Registered Civil Engineer. The analysis must show project impacts to all intersections and road segments identified as impacted within the included Local Facilities Management Plan or as otherwise determined in discussions with staff. The following minimum information should be included with the study: a) 8 1/2" x 11" or 8 1/2" x 14" plats showing zone impacted roads, background and project AM and PM peak hour impacts and traffic distribution. b) Project traffic generation rates and traffic assignment. c) Necessary calculations and/or analysis to determine intersection and road segment levels of service. d) Any proposed mitigation requirements to maintain the public facility standards. e) On Collector streets and above, an analysis of the need for a traffic signal will be required. "Large" projects: Any project which, upon its completion will be expected to generate either an equivalent of 2,400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips, including large projects that may have already been reviewed under CEQA but require additional local discretionary actions, is defined as a "large project" under the SANDAG Congestion Management Program (CMP) and will be subject to enhanced CEQA review as specified in the CMP. Depending upon the complexity of the project, the City of Carlsbad reserves the right to require a traffic study on any project. FRM003 10/92 Page 6 of 8 17. Noise Study c0 onsistent with the Planning Departmentinistrative Policy No. 17 when applicable. (See Policy #17). 18. Two copies of preliminary soils/geologic report for all project with cut or fill depths exceeding 5 feet. 0 19. For all condominium conversions, a signed statement by the owner stating Section 66427.1 of the State Map Act will be complied with. 0 20. For all condominium conversions, a letter from San Diego Gas and Electric company stating that plans to convert the gas and electric system to separate systems have been submitted and are acceptable. 0 21. For all condominium conversions, one copy of a compliance inspection performed by the Building Department. (Separate fee required.) 0 22. For all condominium and planned development projects, ten (10) copies of a preliminary landscape plan (four (4) copies for projects with four or fewer units) on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size Fifteei (1$) copies of the landscape plans shall be submitted by the applicant upon planner prior to approval of the project. The scale should be consistent with all other exhibits. Each landscape plan shall include the following information: a. Landscape zones per the City of Carlsbad Landscape Manual. b. Typical plant species, quantity of each species, and their size for each planting zone in a legend (Use symbols). C. An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. d. Landscape maintenance responsibility (private or common) for all areas. e. Percent of site used for landscaping. f. Water Conservation Plan. 0 23. For all condominium and planned development projects, ten (10) copies of the building elevations and floor plans (four (4) copies for projects with 4 or fewer units) on a 24" x 36" sheet (s) folded to 8 1/2" x 11" size fea 1) xpof the building elevations and floor plans shall be submitted by the a plican .tiIon..request of the project planner prior to project approval. Each building elevation and floor plan shall include the following information: a. Floor plans with square footage included. b. Location and size of storage areas. FRM003 10/92 . Page 7 of 8 C. All b•tgs, structures, walls and/or fences, 0 and exterior lights. d. Include a scale on all floor plans and building elevations. e. Indicate on all building elevations, compliance with Carlsbad Height Ordinance 21.04.065. Q 24. SUBMIT ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY IF APPLICABLE (SEE COUNCIL POLICY NO. 44 FOR THE DEVELOPMENT OF SMALL LOTS, AS ATFACHED.) 0 25. Photographs of the property taken from the north, south, east and west. 0 26. Construction materials board and color samples (i.e., roofing, exterior walls, pavement, glass, wood etc.) 0 27. Pursuant to Section 21.45.040(6) of Title 21 applications for planned developments on properties designated or zoned for single family development shall be accompanied by a preliminary tentative map. This map shall illustrate how many standard lots conforming to applicable zoning and subdivision standards served by public streets could fit on the site. The design of this preliminary tentative map shall comply with all applicable City Ordinances and Standards except for the design standards of the Planned Development Ordinance. The applicant shall also submit maps, diagrams, plans and a report showing that the proposed planned development will result in superior residential development consistent with the purpose and intent of the Planned Development Ordinance. The density on the developed portion of the planned development site shall be similar to and compatible with surrounding development. 28. Signed "Notice of Time Limits on Discretionary Applications". Completed "Project Description/Explanation" sheet. 0 30. Deposit for Publication Notices - See Fee Schedule for amount. FRM003 10/92 Page 8 of 8 El MR DISCLOSURE STATEMENT APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD. COMMISSION OR COMMITTEE. 'Please Print) - The following information must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the application. 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. 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. 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names anc addresses of any person serving as officer or director of the non-profit orgnizati3Ofl or as trustee or beneficiary of the trust C Jo FRM13 4/91 Page lof2 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)_________________________________________ Person is defined as: 'Any individual, firm, copartn.rsliip, 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.) Signature of Owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant FR.M 13 4/91 . Page 2 of 2 0 so PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: APPLICANT NAME: 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 if necessary. Description/Explanation. .v. 4191 Pro jO.sc.frm STATEMENT OF AGREEMENT TENTATIVE PARCEL MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Engineering Department processing. This time limit can only be extended by the mutual concurrence of the Applicant and the City. By accepting applications for Tentative Parcel maps concurrently with applications for other approvals which are prerequisites to the Map (i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc.), the fifty (50) day time limits 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 Parcel 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 City Engineer action and fully concurs with any extensions of time up to one (1) year from the date the application was accepted as complete to properly review all of the applications. SIGNATURE DATE NAME (PLEASE PRINT) RELATIONSHIP TO APPLICATION (PROPERTY OWNER/AGENT) . City Engineer CflY OF CARLSBAD 2075 Las Palmas Dr. Carlsbad, CA 92009-4859 PROPOSED MINOR SUBDIVISION NO.____________ I (We), the undersigned owner(s), do hereby state that I (we) have read Section 66427.1 of the Subdivision Map Act and I (we) will make the notifications to the tenants required therein. DATE OWNER DATE OWNER 66427.1 Establishes requirements for notice to tenants and right of tenants to exclusive contract for purchase In condominium, community apartment or stock cooperative projects. The legislative body shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project. unless it finds all of the following: (a) Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has received, pursuant to Section 66452.9, written notification of intention to convert at least 60 days prior to the filing of a tentative map pursuant to Section 66452. There shall be a further finding that each such tenant, an each person applying for the rental of a unit in such residential real property, has, or will have, received all applicable notices and rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 64451). In addition, a finding shall be made that each tenant has received 10 days written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available on request. The written notices to tenants required by this subdivision shall be deemed satisfied if such notices comply with the legal requirements fqr service by mail. (b) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given written notification within 10 days of approval of a final map for the proposed conversion. (c) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been or will be, given 180 days written notice of intention to convert prior to the termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations of the parties in performance of their covenants; including, but not limited to, the provision of services, payments of rent or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code. (d) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date-of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. (e) This section shall not diminish, limit or expand, other than as provided herein, the authority of any city, county, or city and county to approve or disapprove condominium projects. [Amended, Chapter 1128, Statutes of 19801 . 0 POLICY NO. 20 EFFECTIVE DATE: 9 1 5/89 PLANNING DEPARTMENT ADMINISTRATIVE POLICY - CVEHANG ..:inistrative Policy No. 11 made the standard provision for non-c;-oac : saces to have a minimal paved area of 8-1/2' x 17-1/2' with 2-1/2' o'e'a: aoacent landscaped area. The widespread application of this ooicj.'as a zeneral deterioration of landscaped setback areas in Tosc proec:s. . it. the following policy shall be applied: 10 parking overhang will be allowed into any required setback area. 2. parking overhang will be allowed only in special, specific situations as "eviewed and approved by the Planning Director on a case by case basis. 3. .i no case shall parking overhang be allowed for compact car spaces. This iinistrative Policy reoeals Administrative Policy No. 11. MICHAEL J. HOLZMILLIR Planning Director - MJH:ENM/lh . 1011cctivc Date 3 ['L\NN[NG DEPARIMENT ADMINISTRATIVE POLICY DLrI\ [rioNs - A su.J cie. W1i1 A 'iil Jscacd to resist the lateral dispiacemr. t ud matcris tcing substantially equal to the height of the T-.. .'..:i ri Sction 46 Ll) of thc Zone Code and other applicubic scLi.ors t dc srall be intcrprc,,cd : mean retaining vaUs in addition to solid fences. 5 icv R'it An rn fcncc not to e'cccd 36 in height. Ti-ic said orcn.. rc - in 1hitcrii1s of hich the tcncc is construcicd must not rcrrcceni. :c tra.i i) c'ererit of the total surface of each fie loot linear section hen e'.e 'crendicu1ar to the [ace of the fence. The total hetht ol all x,ills, fences, retaining walls, and combination icrice. rctainin ills in a rc4ulred setback shall not exceed the following Limits: A. In a rcquircd [runt '.ard sciback. the total height shall not ccccJ - Example Two - inch retaining walls would not be permitted ncr a rc ,.iining wail and anothcr 42 inch fcnce). B. In .i requircd side and rear yard scthck. the total heiLki sliihl not ccccd 6 i'cct. Example A 4 ft. retaining wall and a 5 ft. fence wouid not be permitted because the total execeds 6 It). C. Upon approval of the Planning Director. the total height shall not exceed 6 feet in a required street side yard. Otherwise, the total height shall not exceed 42 inches in a street sidc yard. (This includes all combinations of fences and retaining walls). a A 36 inch salctv railing is rcquircd on top of all retaining alls that exceed a height o 3 [cci. The maximum height of the railing shall he 36 inches and must eorii'ortn to the definition of a safety railing. APPROVED BY: • ____________ MICHAEL S PLinnirig Director iG:at . Policy No.: 23 Effective Date: 6/2690 PLANNING DEPARTMENT ADMINISTRATIVE POLICY 200 Square Foot Open Space in PDs Until the PD Ordinance is revised, Section 21.45.090(g)(1), regarding the open space requirement of 200 square feet per unit, shall be calculated as follows: 1. Roof decks can be counted towards satisfying this requirement. 2. Private yards with a minimum dimension of 15 feet can be counted toward the open space requirement. 3. Patios and balconies can be counted toward meeting the 200 sq. ft. requirement as a private passive area. 4. If a detached single family project is 4 units or less, and the lots are less than 71,300 square feet, and private yards of 15' x 15' are provided, a common active recreation area does not need to be provided, however common passive recreation area must be provided. 5. Where common active and private passive recreation areas are required, then 50% of the total recreation area shall be provided as a common active area. APPROVED BY: MICHAEL J. LZMfLLER Planning Director BH : kd Pol.23 PQLIC: 24 EFFECTIVE DATE: y24/10 PLANNING CE PkRTMZN? ADMINISTRATIVE POLICY DRIVEWAY DEPINITION :he following administrative policy shall become effective :ediatelj. Hcwever, it shall only apply to applications deemed complete on or after the effective date. Additionally, it stall apply to previously approved projects that seek an amendment if me application for said amendment is deemed complete on or following me effective date of this policy. Section 21.45.090 of the Planned Development Ordinance presently contains standards which distinguish between a driveway and a street. However, no definition describing the difference between a street and a driveway is provided. Until the Ordinance is amended and a more formal definition is prepared, the following definition of a. driveway shall be used: DRIVEWAY - provides access from a public or private street to parking spaces, garage(s) or similar structures. The purpose of a driveway is net to provide for vehicular through traffic between properties or projects or to provide the required street frontage for individual lots. Driveway for the purpose of implementing Section 21.45.090 (Carlsbad Municipal Code) and serving more than one dwelling unit is defined as having a minimum pavement width of 30 feet curb to curb and having access to a maximum of twelve (12) dwelling units. All units having direct and/or indirect access to a loop driveway shall be counted toward the maximum 12 dwelling units. For driveways that do not exceed 30 feet in width, guest parking per 21.45.090 would have to be "dispersed" in bays along the entire length of the driveway. "Dispersed" shall be interpreted to mean that the guest parking space shall be no more than 100 feet measured in a logical walking path from the entrance of the unit it could be considered to serve. In projects that have single loaded driveways, the driveway can be increased to a maximum of 32 feet to allow parking on the side away from the structures. Guest parking on driveways shall be supplied proportionally along the driveway to the number of units served on the driveway. If 12 or more dwelling units are contained in a single structure, it shall be considered to be served by a driveway for setback purposes if that driveway is primarily for providing access to parking spaces, garage(s), or similar-structure(s). APPROVED BY: *' MICHAEL J. HOUKILLER Planning Director art CF C3BAD COUNCIL POLICY STATEM.ENT General Subject: SMALL LOT SINGLE FAMILY HOMES Specific Subject: ESTABLISHING GUIDELINES FOR THE DEVELOPMENT OF SMALL LOTS 1o. Date iss ue d Date 0 O 9 LCancellation Date Sucersedes No. rCopies to: City Council, City Manager, City Attorney, Deartent and Division Heads, E11Dloyee Bulletin Boards. Pro' . ii PURPOSE To provide guidelines to encourage the quality development of small-lot (less than 7500 sq ft.) single family projects. The intent of the guidelines is to ensure that units have building articulation on all four sides and will not appear as 'rowTM housing. They are primarily designed to apply to projects where there is a predominance of two-story units. POLICY Guidelines for Small-Lot Single Family Projects In projects where there are three 2 story units in a row situated less than 15 feet apart, at least one of the three units shall have a single story building edge. The depth of the single-story edge shall not be less than 10 . and shall run the length of the building pad. The roof covering the single story element shall be substantially tower than the roof for the 2 story element to the unit (this is not intended to preclude long shed-type roofs falling to a single-story element). 2. In projects whers there are three 2 Story units in a row situated between 15 and 20 feet. apart, at least one of the three units shall have a single story building edge with a depth of not less than 5 feet running the length of the building pad. The roof of the single story element shall be substantially lower than the roof for the two story element of the building (this is not intended to preclude long shed-type roofs falling to a single- story element). 3. On a project basis, thirty-three percent (33%) of all units shall have a single story edge for forty percent (40%) of the perimeter of the building. For the purpose of this guideline Ve single story edge shall be a minimum depth of three feet (3'). The units qualifyW under the 33% shall be distributed throughout the project. The main purpose of this guideline Is to insure some building relief on the front and sides of each unit. 4. For at least 50% of the units in a project, there shall be at least three separate building planes on street side elevations of lots with 45 feet of frontage or less, and four separate building planes on street side elevations of lots with a frontage greater than 45 feet. The minimum offset in planes shall be 18 inches and shall include but not be limited to building wails, windows and roofs. The minimum depth betwien the faces of the forward-most plane and the rear plane on the front elevation shall be 10 feet and a plane must be a minimum of 30 sq. ft. to receive credit under this section. (#1 CF CAP.LSaAD COUNCIL POLICY STATEMENT Date Issued .D '.) Genera). Subject: fective Date :3: Specific Subject: Cancellation Date Sucersedes No. Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File 5. near elevations shall adhere to the same criteria outlined in number 4 above for frcnt elevations except that the minimum depth between front and back planes on the rear elevation shall be 3 feet. 5. At least 50% of the units in a project shall have one side elevation where there are sufficient offsets or cutouts so that the side yard setback averages a minimum of 7 feet. 7. Projects with an average lot size of 5,000 sq. ft. or less shall limit the number of units with three car garages to 75% of the plans in the project. Project units with three car garages shall be a mix of two doer garages, three door garages, and offset (2 planes mm. 12) two door garages. 8. Fifty percent (50%) of exterior openings (doors/windows) shall be recessed or protected a minimum of? and shall be with wood or colored aluminum window frames (no mill finishes). 9. The predominant roof framing for each floor plan in a project shall exhibit directional variety to the other floor plans and to the strict. Notes: a) For the purpose of this, guidelines a single story element shall be defined as a plate line maximum of 12 feet (10 feet preferred). b) In addition, when a percentage of units is described in the guidelines the intent is to have that percentage spread throughout the entire project. c) in a row shall include curves and shall terminate at a 90 degree street Intersection. S IMF S GRAPHIC ILLUSTRATIONS STREET SCENE/ALL TWO STORIES STREET SCENE/WITHIN DESIGN GUIDELINES IJ1DEIZE t t, 4 II NJ 11 . . STANDARD 3 FEET MINIMUM 2-STORY BOX SINGLE STORY ELEMENT GUIIIEIJN 3 LOT WIDTH LOT WIDTH 45 FEET OR LESS GREATER THAN 45 FEET ~rull,tz If 1.6* ~ f cl- S . 7 FEET. AVERAGE TIJIFT JNE 6 ____-- -.-------.--.-..-------.--------•----.------.. 1 2 DOOR 3 DOOR 2 DOOR, OFFSET -- J . . ROOF LINE VARIATION GUIDELINE L C C. ft POOR QUALITY ORIGINAL (S) bimwk L_mM ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY PD88-4&8O(A) 11/8° I PRODUCT I PRODUCT 2 PRODUCT 3 PPODUCT 73DUCT 5 VILLAGES VILLAGES j 'INI'JM I V:LLAGES .ILLAGS VLLACES GUIDELINE STANDARDI M.11 1 O 0.1 1H.G LE.F F5'Jl.TS - . WHERE (3) TAO-STORY UNITS OCCUR :cctIt:c q'ri sTAnDrD :i ro IN A ROW MID THEY ARE SITUATED C FIVE IP1!flCS. 'FoCjCT LESS THAN IS fEET APART. AT 1 OF 3 1 OF 3 2 OF 3 2 OF 3 2 OF 4 3 OF 3 COMPLIES I1lI sTAI:oBDS. LEAST (I) UHIT MUST HAVE A SINGLE STORY BUILDING EDGE HOT LESS THAN 10 FEET IN DEPTH. WHERE (I) TWO-STORY UNITS OCCUR ALL PRODUCTS WIRE DESIGNED To COMPL1 INA ROW MID THEY ARE SITUATED .ITII C01Di1.IIIE 1. i T'IAT —.HE OSE IN 15 TO 20 FEET APART, AT LEAST 1 OF 3 NA NA NA NA NA STORY ELE1F.T IN ONE TI!PoCcIu (1) UNIT MUST HAVE A SINGLE rvE HAS A MIIITHUM DEPTH or jo rtrr STORY BUILDING EDGE HOT LESS .CY ALSO COMPLY WITH GUW!LI1IE 2. THAN 5 FEET IN DEPTH. - 3. PER PROJECT, 33% OF ALL UNITS :XcEEDTIIC. PIIIItUhj STAI.D;,pt) !I ALL SHALL HAVE A SINGLE STORY EDGE FIVE PROVUCTS. A MINIMUM 01 40% OF THE TOTAL 330'0 35% 45% 100% 45% 45% PERIMETER. 4. PER PROJECT, 50% OF ALL UNITS WITH I:xCEEOIIIG MINIMUM STANDARD III ALL A LOT FRONTAGE GREATER THAN 45 0 5O/o o 85/s o' B5io 0/ 85i o 100/0 70/ FIVE PRUD(ICFS. FEET MUST HAVE (4) SEPARATE BUILDING PLANES ON THE FRONT EL.EVATIO1I. 5. PER PROJECT, 50% OF ALL UNITS WITH I XCI EI)!hli; MhhthIhJ ,A111'AI't) Ph ALL A LOT FRONTAGE GREATER THAN 45 85% 850/0 1000j/0 70% YIVE PhiOLUl5. FEET MUST HAVE (4) SEPARATE 50% 85% BUILDING PLANES ON THE STREET SIDE ELEVATION. - 6. PER PROJECT, 50% OF ALL UNITS SHALL h:XCLEDJII(; MIIIIMUII S.AUIJAI'o hI ALL HAVE ONE SIDE ELEVATIOII WITH A 1 FEET AVERAGE SETDACI. SIDEYARD 509a 100% 85°I 100% 100% 100% Fivi: 11R01)INS. 1. THREE-CAR GARAGES LIMITED TO 751 OF 1 1!E AVFP;.h hJ)T s171: :u ALL lIVE THE TOTAL UIIITS WHERE AVERAGE LOT p;141rI.: .1 I I'.'.r' htY 1 : i'i II !ltJ. SIZE IS 5.000 SF OF LESS. 75% 100°k 1000% 100% 100% 100% ,.,o s . I;l\r ') IN •;iiiii .sI THREE-CAR GRACES SHALL INCORPORATE "-I i. I" , A MIXTURE OF 2 DOOR, I DOOlI • Ahhl) \'I'!.I' AlIT OFFSET 2 DOOR t)ESIGIIS. .,lT •-i''''•I'l --ru'-• p 8. 50% 01 EXTF'1OR DO011 AND WIhIDW OPEIIING; SI.L ni: P.1OJI_CTUI) OR 50 100,11) 1001111 100% 100% 100"V • III OF 2 T ?'"r - Ii PLAN 4 (35% MIX) ti PLAN 1 (15% MIX) PLAN 2 (20% MIX) PLAN 3 (30% MIX) ___ - - - S/\\i ';,i.\, .:, . - S \'•/. - 's - 10 F•" MTIJ S f .5- %'3'.145flt .Jf tie l:tr 4. . . '-I II •l • dept. • ..: .. '•1 : :Th- .............. .. s's.: S Substeatlally i,', .....r S •4fl,( to (ha tm:: It;.: s • 445. .......141 'SI p C.....' I .j •.',ed- S IOO& S tsq to a is, SJ1S toc /een..,.t) 4.4 •Il '5 S1 .4, •.;.l,i ............II .555' 4 .1'S 1.11 'II '5.4 DSMOIS',,l,.II IllS ill II I - I lI III III'. .1551,155 .515 'iS'l 1.%- I.. .451 IS 1.1.!01 _ 5,1 41111 4l1I1'IUH II' -.1111A sIlill SI,., I'. II U1.Je?.:50 Oil 11S(L7 IlO!'t It .1, 55.4 11 11 "M '-III 'I 54 .411:, 1111111.7 I.I.7UAL CC,PLI ?sN('L TYPICAL BUILDING ELEVATIONS in ? STREET PROFILE S MINIMUM CRITERIA COMPLIANCE — ------ F VLLA(.ibSMNU biLç .yr:;JH - ... : , Ct•,.t at:)...........or :c u:.: c,:zs :- i Tfl PLAN 1 (15% MIX) TYPIC,.L BUILDING ELEVATIONS .LO FT. Hill. PLAN 2 (201 1IX) PLAN 3 (30% MIX) PLAN 4 ( 35% :UX) t , I A I ,. u9tant a "AU t toot a cit tt3t to t?• Ufl.t (th5 o -.:.i.i:o:.i : . .-ootg S s::.q.-st.,ty e.cocl,t) l0'.iiL. 1011 I ,l:ooc Aoil i. ii .1 I Ill lii.. I 11,011 0111" (LoI.s.Tr I. .IIIL.rl II .ii' lIl:. .I$1 .:,LE 0III GIIII,LL$UI (I'll otoppt p tiip,u., ii I . ltI.UTllTL0 0:1 STPLtT ,1I01 Itt !ltoU Till I hiM wlj I liLt: It r .00AL COPI.I ot C 10 t r m 11 10 Fr.' 1 STORY ELEMENT (PLAN 2 7_-- VILLAGES O,P Wit V STREET PROFILE _ H I 7 MINIMUM CRITERIA COMPLIANCE 1 1 v,::. - - - - S - --r- ':: PLAN 1 (151 MIX) o FT . "!!J. I I PLAN 2 (20% MIX) L rIJ1 \L ±L) 1 ,11 UnL- "4. I . ',tu,I ;.' .......a ,,, ..,'., .. •.. t: cc Intl stall',.,., ti'.;:. •.. , .' .'' • r.l.je u,t, a del.th of UI ten I,.,, t'iv,.l .t)a.t.i: "e,f t,. ot.r Uflttt. t •t 'of C,:c't,,J.. S.l'.l'C ttOIj,t.','u1t .1:311 s st,staat,.!lj aol to 's uiut I!!)I* 4l...n..t.'.I 'o p1 ci. 1o1.. I .'J-t,.. xoofs aL1nç to • ss:qI.-stosj eltoenil. II A III Il, 4144) '4 I 'I'll Ii' 'I I . '.111)041 UI 1.0W I)(1)NTP41't S III .'IIIILI T TI) l'i' . 'Ill. I'Iihli'. ,hlL"sI.I ,Ih(( Wi'Ii CIDLI.lI4I. 1.141 ilIlhlIflhiil I 5ItI$I41 Ii nIl.I;hh. ,IIII.f.IIIA),IJ 04 STPCIT 154)1 I IL 4)1 LihO I I 1*411. '.41 L I '4 III IL SIrLICT it UAL COlIPI I IIIICI T. HIP I II .-. PLAN 3 (301 MIX) I PLAN 4 (35% MIX) TYPICAL—BUILDING ELEVATIONS 1 STORY ELEMENT 0 FT.i HUh. I STORY ELEMENT STREET PROFILE MINIMUM CRITERIA COMPLIANCE VILLAGES H,G Lfl1Ac7d ) WLLic © ii f\ (z)Ji I, •ifj \•\ I —i\ :w'i 'S... •., 4' 4. 4 I PLAN 2 (20% MIX) LEiE'1T VLL/\LiL5 b,K,C I STREET PROFILE MINIMUM CRITERIA COMPLIANCE - L..._.... ..0 - I • ;,- :. nwt..t. '... a ti. j .. .• . it At :. A 5tC :. 'let -1-1. . 1 , itt t e .tee t::ts S all IUV•) C %.It*, 4* tt., • .:., • .;. *.1t, S dtç.Iti •. .,tteot':ef Units .44 - U/c: Ln.; t -. stile utc:1 ri,. •,r:.aL't.t ,.0 ti: 2 o. cit snail be soOstantiaIly j .L.'t,,t 10 Lbs Ufl1 i:% 40 /tCI441c*1 0 CC tt/t. l.ti..j. lied- tJpS ootB elln to a s.nql.-sto:j e!.aciIt) 4 '.L?IU It. tUl I I I/At "IS ASP '.tPI 41 541.41 1,1.1,1 II •.ittliCt 511.0W DIOW$T5*TtS 1li. iiI .Y 10 t't f 'II!. 11401/Ui I :-. I H- fit (14115!A tl,$l'I.IP.IlI l.SPLII.sLt WITS GUICtILIIII ..LLU5II4T10 ONSTREET I a 'IILUW -ut I :151. .1 IL I" It WIll. SI IL1CT ACIIPSL COIPL 1/.14, 1 PLAN 4 (351 MIX) TYPICAL BUILDING ELEVATIONS PLAN 1 (15% MIX) Cl i Lb ULCUJL-LL- (C *L Ll NN :4'J iitl PLAN 3 (30% MIX) PLAN .L(tO%..tlIX) PLAN 2 (151 MIX) P1AN3(201 MIX) - PLAN 4 (25% MIX) 3\T It UjF'gD A LJ' P1 I I ',',I Lj Jj\jL) L9I 'JJL Ni L • ,-.-.-- • —. •---. •\I -- n proj.CtS wr.r. tar, a:. a. Story .'Its S ..cu.C.4 2... n t.tSi, :3 ft .,.r: a: !.a.t 0r. or ra tt:.. 01210 sh..i SO. S .inqi. °Y bUdn •dj. Ort?i S .pti% or no: 1 .00 :?ar :0 (..t •d)sc.ni oor Coo.r:, Lit. .,n91S •to;y •i.r,.n: $11.12 ba •ub.tetLa1j ooa: P.n ::. .002 ror LI. 2 •Iory ....t to ti. unit thu a lot r.tt.i 10 P.O0S long ....d-typooofi at9 to • •r.qt.-etory .I...nt). * COHCLUSIOO. (LCVSTIO'S AIMSTSEC1 OCt52 2POfIL( ¶105.5 MAW StiSOIT*ATI$ ;iat oiiiv :0 PLOT 1015 iS01JU&1 1,, i0r,pLIa5C wr cUII'CLI.r 052. 5islM: calicals (OOPL)AN(t it ILLuSTpsnp ow sTiff? psoriti: ito... lirl ,Isut. .nc P05 51L1 PEPLICI ACTUAL CONSLIANCL ,O rt :411:. -. .•. I I 1 PLAN 5 (O% Mix) TYPICAL BUILDING ELEVATIONS 1 STORY ELEMENT I 5"ORY LLCMLIIT I STORY ELEMENL )O FT PLAN 4 STREET PROFILE MINIMUM CRITERIA COMHJANCL 0,7 !%1P0 -i-:.- -: 50 J I VILLAGES D,L,F !1*\ raw 1 • ____________ 1. .L PLAN 3 (30% MIX) TOTAL ?7-R:*!ETER 202 ONE STORY = 58 FT. .29%) PLAN 4 (351 MIX) TOTAL ?RIt4ETE1 = 190FT. ONE STORY = 73T. (38%) i LL ii 1)jJLJLj9ULH1 1 — . h:.. ':::. . .• ',W *• .;.. •.Igl th ott:.S ft..I I I') •:. ' ...:jtl .•. •. 11% •..I& 1s - 11 .(1t.IVl' 1* •.uIl,,1tl Ill II . Il 10* • lIT. • II I III IT ri -ii •., •-I.,T1. ,•,,;Ij. I•.I Ill lull II' •-_u...l Ill TIIT rOCR PLANS II HI 1lIMlH' .11CL(-STOY PtP!IlLflft 11X lilT. 711EPC0$t. XCLLUIii( 1 STORY EL:ENT- 'A PLAN 1 (15% MIX) PLAN 2 (201 MIX) TOTAL PERIMETER = 217 FT. TOTAL PERIMETER = 183 FT ONE STORY 217 FT. (100%) ONE STORY = 94 FT. (51%) SINGLE STORY BUILDING PERIMETER / f VILLAGES MN1O HrJdIL71d __ -.—'- . -'-M•• 7_ -' ry T. ••-ru i -• iij 1SS S. S SI •.. . (;O%) .. I / .5 .,. . ••.. ;. • $ . .,. •' .•,. 5 5- . S 55 5. 5.•• 'S / •S..•_ 5.S5 S • . . i. .. .: '.t • Sail .11_ri v •...I:H ........ I':., 11AM. 111l - .11 III 11t buS PlANS I" T" TH l$ U S 1111 b0lll 514, I . MlribIGL2SON rERII flN Ill .s - -.0 II S. 1. ..lVlI), •.I II .. TOTAL ISA. S'EAaboR. lAt I 1_Dill'.. -III III NI jI I STOW-' ::LL:1L::1T - - / I I L PLAN 1 (151 MIX) TOTAL PERIMETER = 215 FT I STORY 215 FT. (1001) PLAN 2 (201 MIX) TOTAL PERIMETER = 197 FT. 1 STORY = 49 FT. (24%) PLAN 3 4301 MIX) TOTAL PERIMETER = 208 IT I STORY = 112 FT. (541) PLAN 4-13!)% MIX) TOTAL PRDIET!:R =, 211 FT. 1 STORY = 65 IT. (311) ill .. Dp SINGLE STORY. BUILDING PERIMETER S VILLAGES O,P Off SI - 514 F.. . I US Army Corps of Engineers® LOS ANGELES DISTRICT PUBLIC NOTICE APPLICATION FOR PERMIT Public Notice/Application No.: 96-20154-DZ Comment Period: March 17 through April 15, 1997 Applicant Contact Carlsbad Partners, LTD. Mr. Paul Kiukas 2001 Ross Avenue, Suite 1800 Planning Systems Dallas, Texas 75201 (619) 931-0780 Location - in Encinitas Creek, City of Carlsbad, San Diego County, .California (Figures 1, 2, and 3). Activity To discharge fill material for the construction of: 1) bridge crossings at Calle Barcelona (average 35 ft wide, 15.5 ft high) and Levante Street (average 38.5 ft wide, 12 ft high); 2) widening of El Camino Real road for a new 12 ft wide south bound lane; 3) a recreational trail; and 4) two storm drains, as part of the Green Valley Master Plan. For more information, see page 3 of this notice and attached figures and table. Interested parties are hereby notified that an application has been received for a Department of the Army permit for the activity described herein and shown on the attached drawing(s). Interested parties are invited to provide their views on the proposed work, which will become a part of the record and will be considered in the decision. This permit will be issued or denied under Section 404 of the Clean Water Act of 1972 (33 U.S.C. 1344). Comments should be mailed to: U.S. Army Corps of Engineers, Los Angeles District Regulatory Branch - San Diego Field Office AYIN: CESPL-CO-96-20154-DZ 10845 Rancho Bernardo Rd, Suite 210 San Diego, California 92127 yaluation Factors The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof. Factors that will be considered include conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food production and, in general, the needs and welfare of the people. In addition, if the proposal would discharge dredged or fill material, the evaluation of the activity will include application of the EPA Guidelines (40 CFR 230) as required by Section 404 (b)(1) of the Clean Water Act. The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interesf factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Preliminary Review of Selected Factors EIS Determina tion- A pelimiriry determination has been made that an environmental impact statement is not required for the proposed work. Water Quality- The applicant is required to obtain water quality certification, under Section 401 of the Clean Water Act, from the California Regional Water Quality Control Board. Section 401 requires that any applicant for an individual Section 404 permit provide proof of water quality certification to the Corps of Engineers prior to permit issuance. For any proposed activity on Tribal land that is subject to Section 404 jurisdiction, the applicant will be required to obtain water quality certification from the U.S. Environmental Protection Agency. Coastal Zone Management- The applicant has certified that the proposed activity complies with and will be conducted in a manner that is consistent with the approved State Coastal Zone Management Program. The District Engineer hereby requests the California Coastal Commission's concurrence or nonconcurrence. Cultural Resources- The latest version of the National Register of Historic Places has been consulted and this site is not listed. This review constitutes the extent of cultural resources investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Endangered Species- Preliminary determinations indicate that the proposed activity would not affect federally-listed endangered or threatened species, or their critical habitat. Therefore, formal consultation under Section 7 of the Endangered Species Act does not appear to be required at this time. 2 S 0 Public Hearing- Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearing shall state with particularity the reasons for holding a public hearing. Proposed Activity for Which a Permit is Required To discharge fill material for the construction of: 1) bridge crossings at Calle Barcelona (average 35 ft wide, 15.5 ft high) and Levante Street (average 38.5 ft wide, 12 ft high); 2) widening of El Camino Real road for a new 12 ft wide south bound lane; 3) a recreational trail; and 4) two storm drains, as part of the Green Valley Master Plan. Additional Project Information The Green Valley Master area contains a total of 281.2 acres, of which 87 acres is planned for development including an 18.3 acre retail center (294,000 square feet (sO of commercial space), a 55.8 acre single-family residential housing area (400 houses), and 12.9 acres of public street right of way. The remaining 194.2 acres is planned as open space including 122.8 acres of upland bluff area, 69.7 acres of wetland corridor/mitigation, and 1.7 acres of which currently contains a "Red Barn" building and parking lot (Figures 4, 5 and 6, Table 1). The purpose of the bridge crossings and road widening is to provide access to the planned developments and meet City of Carlsbad requirements for vehicular/pedestrian circulation. The purpose of the trail is to provide for recreational /commuter use as planned by the City of Carlsbad (Figure 7). As proposed, the construction of bridge crossings at Calle Barcelona and Levante Street, a one-lane widening of El Camino Real road, a recreational trail, and two storm drains would cause 3.11 acres of permanent and 0.26 acre of temporary impacts to Corps jurisdictional wetland associated with Encinitas Creek. The 3.37 acre total iwpact includes 2.46 acres of southern willow scrub (SWS), 0.4 acre of transitional wetland (TW), and 0151 acre of non-tidal salt marsh (SM). Also included in this permit is mitigation for unauthorized fill impacts to 3.62 acres of southern willow scrub by a tenant farmer in 1988-89, that was hitherto unknown by the Corps (Figure 8, 9 and 10). The applicant proposes to mitigate permanent impacts to SWS and SM at a 4:1 ratio, TW at a 3:1 ratio, and the unauthorized fill impacts at a 2:1 ratio; and all temporary impacts at a 2:1 ratio, for a total of 19.14 acres of mitigation. All mitigation would be done along the existing Encinitas Creek corridor by creating 15.19 acres of SWS and 1.61 acres of SM wetland habitat out of existing upland or past unauthorized fill, and enhancing (e.g. pampas grass removal) and restoring existing/temporary construction disturbed SWS (1.61 acres) and SM (0.73 acre) (Figure 11). Proposed Special Conditions None at this time. For additional information please call David A. Zoutendyk of my staff at (619) 674-5384. This public notice is issued by the Chief, Regulatory Branch. 3 94 n Figure [-2 Vicinity Ma POOR QUALITY ORIGINAL (S) -C ci o CL a) 0 0 0 0 CTIV :}U • . ;:•:: ':.. CULTIVATED 5' . • I ORAINAgE LLLUix1t... di ARIAN\ WOODLAND DRAINAGE AN 4\' DRAINAGE S .,• .:CbL-nVATED \ 73 DRAINAGE: ..• CULTIVATED RI F-1 •.••• .. ..1 IPAFIA WOODLA DRAINAGE - /:.•.:..' ... :....J Figure 1-4 IFIJA PLANNTNG SYSTEMS Physiographic Character . OPEN SPACE 8 RED BARN' It : L;= IPARIAN !OODLAND -OPEN SPACE - . ••:•., \•:•• .. FAMILY RESIDENTIAL 7,7 I UPLA BLUFFS 1 :...;OPEN.SPACE• ..-. •J1i-i .: I' (COMUNT1( \, 114 • Figure 1-5 PLANNTNO Master Plan Land Use Page 1-8 fT P LA N N AREA DESCRIPTION LAND USE ----:__ :- F .. ' \ • 11 Encinkas Creek Cpen Spaca Conservation Area/ Riparian Buffer Corridor Retail Community Commercial Residential Sinlo Family Residential Upland Bluff Cpen Space 'Red Barn' Open Space S - 3 1 ±L H IL 2 iiiiII1 T 1LSYMS -- Figure I-a I PLANING CD I 0 20 (4 Table 1-1 LAND USE SUMMARY PLANNING LAND USE AREA Total Area (Ac.) Retail Center Residential Open Space Public Street R.O.W. 1 - - 69.7* 9.5 79.2 2 18.3 NDA - - - 18.3 3 - 55.8 NDA - - 55.8 4 - - 122.8** - 122.8 5 1.7 1.7 TOTAL 18.3 NDA 55.8 NDA 1 194.2** 12.9 2:1.2 * Riparian Woodland and Upland Buffer * Upland Bluffs NDA Net Development Acreage . S C) 0 I, . . -' - - p I V 71 I". \ Storm Drain Inlet and Debris Removal-Area 4. Storm Drain lhletiñd 10 Debris Remo'aI Area DesiItation / Depollutant Basin Natural Stormwater Basin Collection System Connection to Internal Stormwater Collection System Desiltation / L Depollutant Basin d \ —Maintenance and Service Drive Connection to Internal Stormwater Collection System Natural Stormwater Basin Collection System WO i.:... Figure 9 U p _iI-fl L1 Storm Drainage and Desiltation/Depoflutant Plan Page V-3 F1k ~ STEMS Pedestrian/Bicycle Circulation 1 94 CONNECTION TO CARLSBAD TRAIL - SEGMENT 49 ii••..•' \ \ 'S\ - CITY OF CAR LSBAD TRAIL SYSTEM - SEGMENT 50 f:.. ..•'. • •• : *-•• ... '•• CIQF CARLSBAD TRAIL SYST-EM- SEGMENT 5O \. • • .• •..•.. . EXESION OF SEGMENT 51 CA:kSBAD TRAIL j i I POTENTIAL TRANSIT STOP POTENTIAL CONNECTION TO Cj Figure 7 . 14 •..:'! . .••. .• . ..• .,.• — — — — — — — Soil" ftlam4r LEGEND tW?1RSATMA •D= VMGM03WALlAC99CXtX •t4 V LI1 )ID MXTaI.Ac AUA PJDOflAt. PIVC(TAflA co,o.rcAt. WAANVTAT) TO KDAA&f a ;,•. -. RM I a varnNc XIJAUN I OP.DIAt4 - 'Ft 5 ,01 ROADWAY VEGETATION IMPACTS INVENTORY — 9/96 GREEN VALLEY CROSSINGS A%tcAfl (A1Ir(MThMA 7010"" PERMANENT IMPACI'S I&T11 4AtUrLAN Thu C*4&RiTY A ZcWFUS*IWATTR MAtmcoAImLMLtxAll. AND WW1 AOAUD WIN DM NO C11 CAN MAlwwmactw(rram1 r*a 1401* PU Ui Ar CoI1 or Dus rQv ?iQ*JIA IYffD.d 4IXTiD A YWflAI 14VLlTVT QV roTDffi.u.y ACTW Al of Cititm YALIX4 CZaILNG* 0th -,t•l't. rLJ uw$ I Ii H I i I I I I i I I I I I I . I I I I LEGEND I RIPARIAN IMPACTS COMPARISON I__i lVT7Tc! PWPUTDU )I GREEN VALLEY CROSSINGS ___ CARLSBAD, CALIFORNIA ..' 1L \1 -4 IAThIUfl$ UCLIIH _i.• JUl IiAP1A RIPARIAN Th4PACTS COMPARISON fl U1JM?J.D £QU UI .. TU ILIZI AZ LI LI 4 OUI) Ul.ZTM.L4.1W.i U iVUL&TMA Loy 1wJ2IQ In 1i4 W1AIULI2* .' Ill CA)! V TAICTLflPL PA TALIA1.T)4AJ LU VIA tTtM ICS4 A3TALLALIA4A In )LI4 ?*ALIMUn In an y.AI IOUflNWfl&QWIAAl LU SAl 1.11 rjS TLANUTIONALUMANDSCXX 111 N,,!Th1IW1IA!L 1c1A4 IO)Jfl)LIN LA1X)4AAAI UI IU.4 LJVl19Si.TMAJ) SASS 30l.ThUtJWtWW1Al UI to I : ITInAALtSSJJADK3S* LU 1UThLIMFAL1! -. - wrm!yA WkJ)W4IA11JAUTIMPQW1! LISA SAIAlTWfl saoaCanachsnwtnwan SAflO..SAlMS.OWLfl)fl N. &WSAJA.O*nAiGfllflClSAla*fl)QIANOM,.Ad 1W SAIV I n. glfl rWL_._.i J 3nmd__J 1lIIlS.S*11 .*.(aa.St4. IIQIAW R?SLIAL DV flAUA J17.4jJAHVTMI t*v1tOM I warm P1?.&QAH 2 .. .' ... . .-. H \. i1t'flAt DrVEWn4DJTA,ZA LEGEND EI LW UP?U3A!.TMA5H $WS S2tWWMSQU1 PROPOSED MITIGATION AREAS OF I TEMPORARY IMPACTS AJA• DZIC&S110H I 711 UyM4T1AY71?l ILK II! CMU P.M •--'• ':'' :• U5MI . . tAOXN 5%y USM2 [v IEC SM4 MMILAWAM 111 PROPOSED PERMANENT MITIGATION AREAS Dgc,.ncq ACAU .1 1 NWUOUI J4 a mIOI?fl4.TAT su lT'C.U.Z 1O'1vuftMII411LcIw1 xflGflA114oD.Iço 0 .. $30 UWTHUVAHTIAYQ&* $30 — CW.1I10$M 130 I$ *30 tQT44AP$0$401$1 UI_ LX1ZT1M ! V04 2D(T twflhIAtlMAUII L4I l30.O1A1TJ7T}030J DG&TAIW 1Al I.42 0.4 At LA TA MI. I fl.CA$IOWL .30 t.0 $10.0 IITW CM.&A MOCIL10M&LYANIIA*t %30M $10.0 .O$1 MD$A.0$ iimA*tLw.' PuS n OW* oa.n1cA,*. .10 nZ*ta#.M -'S.. ufl QL10UU C*3al0*A $4$0MI Acpno flUIDWT7CAT AAAc*fl0 TD$OYtA'T7I $130 y.$.y71jVflpUQV7OnMY , 0 90 1__i*_$9$900 r011 COAL AG1 ,•— EC—/ Fayfe- U 1&'' ,,—EC—/ varnNa W.A)UANVTA1X4 ,7_4f PERMANENT IMPACTS / MmGATION - 4U MCI N 112 . t,nIwiuowoui . Th M 9.56 USM3 JJ7J7 311 •O WO 3w34 -.. . L.m fl.k4it_IU1 IN 434 1oTAL IMN,CTTO MXU 1 TOLMflfôiA<JU TEMPORARY IMPACTS / MrI1GATI0r'I tT flJlwnivs $2 M ' 130 _mmA_nl • uq U, 1 •OTL .. . PROPOSED RIPAR1AN MITIGATION PLAN GREEN VALLEY CROSSINGS CARLSBAD, CALIFORNIA EPLY TO ATTENTION OF: . S DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS SAN DIEGO FIELD OFFICE 10845 RANCHO BERNARDO RD, SUITE 210 SAN DIEGO, CALIFORNIA 92127 May 1, 1997 Office of the Chief Regulatory Branch Carlsbad Partners do Paul Klukas Planning Systems 2111 Palomar Airport Road, Suite 100 Carlsbad, California 92009 Dear Mr. Klukas: We have received the attached letters of comment in response to our Public Notice No. 96-20154-DZ. We need your response to the attached letters in order to finalize processing of your application. With regard to the comments, you may choose one or more of the following four options: a. You may choose to resolve a comment/ objection by agreeing to project modifications/ conditions as suggested by the interested party or by suggesting your own modifications! conditions. You may contact the interested party in an attempt to resolve objections, but you are not required to do so. For your information, the Corps of Engineers is the sole Federal agency responsible for reaching a decision on the merits of your application. b. You may choose to rebut a comment/ objection by providing additional information or by clarifying existing information. c. You may request that we continue processing of your application with only the information currently contained in your application file. d. You may choose to withdraw your application and reapply once any problems have been resolved and/or additional information is available. A response to this letter is required. If no response is received within 30 days of the date of this letter your application will be withdrawn. If you feel that you will need additional time you may request an extension of time. Such a request must be in writing and must justify your need for the additional time. Lengthy extensions will not normally be granted. S. . -2- If you have any questions, please contact David A. Zoutendyk of my staff at (619) 674-5384. Sincerely, Mark Durham Chief, South Coast Section Regulatory Branch Enclosure(s) IFR 19 '97 04:29AM LIS EF SF P. 1/3 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105 tPI 16 Colonel Robert L. Davis, District Engineer U.S. Army Corps of Engineers, Los Angeles District 10845 Rancho Bernardo Rd., Suite 210 San Diego, California 92127 71 z I Attention: David Zoutendyk - RE: Public Notice (PN) 96-20154-DZ, Dated March 17, 1997, City of Carlsbad, Encinitas Creek, San Diego County, California Dear Colonel Davis: The U.S. Environmental Protection Agency (EPA) has reviewed PN 9620154- DZ dated March 171 1997 regarding the City of Carlsbad's proposal to construct a bridge crossing, widen El Camino Road, construct a recreational trail and two storm drains as part of the Green Valley Master Plan. These comments have been prepared under the authority of, and in accordance with the provisions of the Federal Guidelines (40 CFR 230) promulgated under Section 404 (b)(1) of the Clean Water Act, Rebecca Tuden of my staff was granted an extension of the public comment period to April 17, 1997, Project Description The Green Valley Master area contains a total of 281.2 acres, of which 67 acres is planned for development including a retail center (18.3 acres), single-family (55.8 acres) and public street (12.9 acres). The remaining area is planned as open space including 69.7 acres of wetland corridor/mitigation. The applicant (City of Carlsbad) proposes to construct bridge crossings, a recreational trail and road widening to provide access to the planned developments and meet the City's requirements for vehicular/pedestrian circulation. These activities would cause 3.11 acres of permanent impact and 026 acres of temporary impacts to Corps jurisdictional wetlands associated with Encinitas Creek. Also included in this permit is mitigation for unauthorized fill impacts of 3.62 acres of southern willow scrub. AFR 19 '97 04:30AM US •SF P.2/3 The applicant proposed to mitigate permanent impacts at a 4:1 ratio, the unauthorized impacts would be mitigated at a 2:1 ratio, and all temporary impacts would be mitigated at a 21 ratio. The total mitigation acreage is 19.14 acres and will be done along the existing Encinitas Creek corridor and include wetland creation, enhancement (pampas grass removal) and restoration. The project area is not within the boundaries of San Diego's Multiple Species Conservation Program (MSCP). We have the following comments and concerns regarding this PN: 404(b)(1) Alternatives Analysis: It does not appear that the applicant has performed an alternatives analysis as required under 404(b)(1) of the Clean Water Act. It appears that the basic project purpose is to provide adequate circulation for the future development within the Green Valley area. We would like to see additional information supporting the need for two bridge crossings of Encinitas Creek. Also, it has not been adequately demonstrated that an additional south bound lane for El Camino Road is necessary. Without the necessary information supporting construction of an additional bridge crossing and a road widening, the applicant does not appear to be in compliance with the 404(b)(1) Guidelines and, as such, a permit should not be issued. Mitigation: It appears that a portion of the willow plantings is occurring on a steep slope. This mitigation is supposed to create additional wetland areas. However, we are concerned that the willows planted on this slope may be outside of 404 jurisdiction. If that is the case, we recommend that additional wetland creation be done within an area that will be jurisdictional. Please include EPA on the distribution list for the mitigation and monitoring reports for this project. Indirect Impacts: We support the applicant's proposal to provide on-site and in- kind mitigation for this project. However, we are concerned that there may be indirect impacts to the Encinitas Creek wetland/riparian corridor associated with this development. In particular, the current project design has the housing area and commercial area abutting the Creek corridor and mitigation area, We strongly recommend that the project be redesigned to place the open space next to Encinitas Creek and/or that a sufficient buffer zone be provided that protects the Creek and associated wetlands from potential indirect impacts. The PN did not provide a description of the expected buffer zone. We would recommend a minimum buffer of 300 feet. 'APR 19 1 97 04:30AM US EP SF P.3/3 is Recommendation If the above concerns regarding the alternatives analysis, indirect impacts and mitigation are addressed in the permit conditions, then we will not object to this project. If you have any questions or concerns regarding this letter, please contact Rebecca Tuden of my staff at (415) 744-1987. Sincerely, Daniel Meer, Chief Office of Clean Water Act Compliance cc: applicant USFWS, Carlsbad (Kenney) CDFG, Long Beach (Dickerson) RWQCB, San Diego (Peters) SWRCB, Sacramento (Balaguer) APR-17-97 THU 16:28 FIS D WILDLIFE FAX NO, 760 15901 P.02 United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services Carlsbad Field Office 2730 Loker Avenue West Carlsbad, California 92008 April 17, 1997 Colonel Robert L. Davis District Engineer Los Angeles District U.S. Army Corps of Engineers P.O. Box 2711 Los Angeles, California 90053-2325 Attn: David Zoutendyk, Regulatory Branch Re: Public Notice for Permit Application 96-20154-DZ, Encinitas Creek, City of Carlsbad, San Diego County, California Dear Colonel Davis: The Fish and Wildlife Service (Service) has reviewed the referenced Public Notice (PN), dated March 17, 1997 to construct two bridge crossings, two storm drains, a recreational trail, and widen an existing road adjacent to and within Encinitas Creek, City of Carlsbad, San Diego County, California. The original comment period was from March 17, 1997 through April 15, 1997. However, at the request of the Service, David Zoutendyk of the Army Corps of Engineers (Corps) extended the comment period to April 17, 1997. These comments have been prepared under the authority, and in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401 as amended, 16 U.S.C. 661 et seq.), and other authorities mandating Department of Interior concern for environmental values. The applicant, Carlsbad Partners, proposes development of the Green Valley Master Plan which includes construction of an 18.3-acre retail center and a 55.8-acre single-family residential housing area.. To meet the City of Carlsbad vehicular/pedestrian circulation requirements, the proposed project includes construction of two bridges across Encinitas Creek at Calle Barcelona and Levante Street and widening El Carnino Real for a new 12-foot wide south bound lane, The Calle Barcelona crossing would be approximately 35 feet wide and 15.5 feet high, The Levante Street crossing would be approximately 38.5 feet wide and 12 feet high. The proposed project would result in approximately 3.11 acres of permanent and 0.26 acre of temporary impacts to jurisdictional wetlands associated with Encinitas Creek, Approximately 2.46 acres of riparian, 0.4 acre of transitional wetland, and 0.51 acre of non-tidal salt marsh habitat would be affected by permanent and temporary impacts. According to the 'PN, in 1988- 1989 a tenant farmer impacted 3.62 acres of riparian habitat with unauthorized fill. However, according to the Draft Green Valley Crossings Natural Habitat Mitigation and Monitoring Plan APR-1-7-97 THU 16:28 FISH 4$D WILDLIFE FAX NO 7604 15901 P.03 Colonel Robert R. Davis dated August 22, 1996, 7.24 acres of riparian habitat was impacted by the tenant fanner. This discrepancy needs to be clarified. The applicant proposes to mitigate permanent impacts from the proposed project to riparian and salt marsh habitats at a 4:1 ratio and transitional wetland habitat at a 3:1 ratio. Temporary impacts from the proposed project are proposed to be mitigated at a 2:1 ratio, The applicant also proposes to mitigate unauthorized fill impacts to riparian habitat from the tenant farmer at a 2:1 ratio. Specifically, the applicant proposes to create 15.19 acres of riparian habitat and 1.61 acres of salt marsh habitat out of existing upland or past unauthorized fill along Encinitas Creek, Proposed mitigation also includes enhancing (e.g., pampas grass removal) and restoring (e.g., revegetating temporary impact areas) approximately 1.61 acres of riparian and 0.73 acre of salt marsh habitat. We concur with the mitigation ratios proposed to offset permanent impacts to jurisdictional wetlands. We also agree that creation is appropriate mitigation for permanent impacts associated with the proposed project and unauthorized fill, and enhancement and restoration are suitable measures for temporary impacts. However, due to the quality of the habitat impacted and the nine-year temporal loss of habitat from the unauthorized fill, we believe that higher mitigation ratios are necessary to offset temporal loss of function and value of fish and wildlife habitat from the proposed project and the unauthorized fill. Therefore, The Service recommends that in addition to the mitigation proposed in the PN, the applicant remove all invasive exotic species (e.g., pampas grass, salt cedar, giant reed, etc.) within the project area that is deemed reasonable and appropriate by the Corps, Service and the applicant. Removal of invasive exotic species from the project area would not only enhance the quality of the existing habitat, but would also reduce the applicant's maintenance requirements at the habitat restoration and creation sites. According to the PN, the proposed project would not affect federally listed species or critical habitat. The Service does not concur with the Corps' findings. At least three listed species, the threatened coastal California gnatcatcher (Poliopuila calfornica calftirnica), the endangered least Bell's vireo (Vireo bellil pusi1lus) and southwestern willow flycatcher (EnqWclonca t,'aillll extimus) were found on-site in 1993. In 1996 the applicant had biologists conduct additional surveys for these listed species. It is the Service's understanding that no least Bell's vireos were detected. However, an undetermined subspecies of willow flycatcher was sighted and coastal California gnatcatchers were found on the subject property. Based on the 1993 and 1996 surveys, the presence of the gnatcateher on the project site is known. While the least Bell's vireo was not sighted on the subject property last year, the documented presence of a willow flycatcher in the riparian habitat in 1996, the past sightings of least Bell's vireos utilizing this habitat and the overall suitability of this riparian woodland to support these migratory bird species leads the Service to conclude that all of the three fore mentioned species may be present and would be directly and/or indirectly affected by the proposed project. Therefore, we recommend you initiate Formal Consultation with the Service on these three species pursuant to section 7 of the Endangered Species Act of 1973, as amended (Act). In regard to the coastal California gnatcatcher the applicant should contact Christer Westman at the City of Carlsbad to address the APR-17-97 THU 16:29 FISH#D WILDLIFE FAX NO. 760 15901 P. 04 Colonel Robert R. Davis 3 relation between the proposed loss of coastal sage scrub habitat and the City's implementation of the California gnatcatcher special rule pursuant to section 4(d) of the Act. Two additional species which could occur within the proposed project area, and if present could be affected by the proposed project, are the endangered southwestern arroyo toad Bufo rnicrcscap/ius caljfornic'usl and pacific pocket mouse Peiognathus longinieinbris pacJicus. To determine whether the proposed project would affect either of these listed species, the applicant should have qualified biologists conduct presence/absence surveys in accordance with current Service recommended piotocols. Surveys for the pacific pocket mouse may only be conducted by permitted biologists. If the surveys determine that any of these listed species may be affected by the propose project, then the Corps should also initiate consultation with the Service on these species. In summary, the Service believes the Corps should not issue a permit for the referenced project pursuant to Section 404 of the Clean Water Act until endangered species issues are resolved Through formal consultation, the acreage of impacts associated with unauthorized fill is clarified and mitigated in a plan approved by the Corps of Engineers in consultation with the Service, and the following special conditions are incorporated into the permit: Prior to initiation of construction, the perinittee shall prepare and submit a wetland mitigation and monitoring plan and schematic to the Corps and Service for approval. The plan shall include a minimum of 15.19 acres of created riparian woodland habitat (4:1 ratio for permanent impacts to riparian habitat, 3:1 ratio for impacts to transitional wetland habitat, 2:1 ratio for unauthorized fill); 1.61 acres of created salt marsh habitat (4:1 ratio for permanent impacts to salt marsh habitat); restoration of all areas temporarily impacted; removal of invasive exotic species throughout the project site as deemed reasonable and feasible by the Corps, Service, and permittee; a minimum of five-years monitoring. The mitigation plan shall be prepared according to the Corps' Habitat Mitigation and Monitoring Proposal Guidelines, and shall include location and acreage by habitat type of the mitigation area, a detailed account of the plant species, criteria for measuring success, and remedial activities if the restoration is not successftil. The mitigation plan shall address appropriate buffers adjacent to the riparian habitat being preserved or created. The mitigation plan shall address means to avoid or minimize the effects of lights associated with the development on riparian habitat being preserved or created. Habitat restoration activities shall be timed to avoid nesting birds. Monitoring reports shall be submitted to the Corps and Service, 2, Permittee shall ensure that the mitigation site(s) are preserved in perpetuity through a biological open space agreement or wildlife conservation easement. The permittee shall ensure and demonstrate to the Corps and Service that the mitigation site(s) are not encumbered with easements or covenants which could conflict with the intent to protect the habitat for wildlife species, including endangered species. The easement or open space agreement shall clearly state that no other easements or maintenance activities, including APR-1"7-97 THU 18:30 FISH D WILDLIFE FAX NO 7804315901 P.05 Colonel Robert R. Davis but not limited to vegetation clearing and sediment removal, shall be allowed within the mitigation area. 3. Permittee shall avoid direct impacts to breeding migratory birds by conducting all vegetation clearing and grubbing between September 16 and February 14. 4. Perinittee shall prepare a sediment control plan that identifies specific measures that would be utilized during grading activities of the project site. The purpose of this plan is to ensure the avoidance of sediments entering Encinitas Creek and Batiquitos Lagoon during grading activities or runoff from the property associated with grading. 5. Permittee. shall provide qualified biologists with a minimum of one year construction monitoring experience on site during project constriction. Construction monitoring reports shall be completed daily, and the daily construction reports shall be submitted to the Corps and Service on a weekly baths. Any violations shall be reported to the Corps within 24 hours. 6. Permittee shall mitigate any unpeniitted impacts to jurisdictional waters or wetlands from proposed construction activities at a 6:1 ratio. 7. Permittee shall comply with all terms and conditions of the Service's Biological Opinion for the project. Thank you for the opportunity to comment on this PN. If you have any questions regarding these comments or your responsibilities under the Act, please contact Gina Shultz of my staff at (760) 431-9440. Sincerely, Gail C. Kobetich Field Supervisor cc: ACOB, San Diego, CA Attn: David Zoutendyk EPA,, San Francisco, CA (Attn: Rebecca Tuden) RWQCB, San Diego, CA (Attn: Greg Peters) NMFS, Long Beach, CA (Attn: Bob Hoffman) CDFG, Long Beach, CA (Attn: Terri Dickerson) CCC, San Diego, CA (Attn Lee McKeckern) City of Carlsbad, CA (Attn: Christer Westman) 1 RECE1V • I APR 11997 t iK' gNtU UNITED STAT EPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southwest Region 501 West Ocean Boulevard, Suite 4200 Long Beach, California 90802-4213 TEL (310) 980-4000; FAX (310) 980-4018 April 11, 1997 Colonel Michal R. Robinson District Engineer Los Angeles District U.S. Army Corps of Engineers P.O. Box 2711 Los Angeles, California 90053-2325 Dear Colonel Robinson: We do not have any objections to the work described in the following public notices. 97-001 52-MFS-Manouchehr Moshayedi 97-00191 -SDM-Swift Slip 96-201 54-DZ-Carlsbad Partners, LTD 97-0015 6-AOA-Zuckerman Building Company 96-00091-LTM-Shell Western E&P, Inc. 97-00157-RRS-Coachella Valley Water District 96-20091 -ItRS-The Bougainvillea 97-00192-SDM-Swift Slip Sincerely, Mim~Slawson Chief Habitat Conservation Division USFWS EPA CDFG -. Printed on Recycled Paper I U.S. Army Cos of Engineers, Los Angeles District MIA 2 6 Regulatory Branch - San Diego Office Attn: CESPL-CO--96-20154-DZ In regard to the work that is planned to be done in the Green Valley area of Carlsbad, I would like to make this request: I live off El Camino Real, close to Levante street. I think is this community is to go forward, that that El Camino Real should be repaved with smoother asphalt. Currently, the surface is rough and very loud. Since traffic will be increased by this project, a smoother road surface will help to mitigate traffic noise. If you have any questions of i-ne please call me during the day at 619-452-3160. Could you please return to me your decision on this matter. Sincerely, Patrick Witt Homeowner 7767-109 Caminito Monarca Carlsbad, CA 92009 8) EXISTING ZONING I P/C 1 9) PROPOSED ZONING 11) PROPOSED NUMBER OF 12) PROPOSED NUMBER RESIDENTIAL UNITS 400 OF LOTS 14) NUMBER OF EXISTING RESIDENTIAL UNITS 0 - 10) GROSS SITE 281 ACREAGE I ,Open Space 13) TYPE OF SUBDIVISION Commefc i a I 11 J Reside ntial (RESIDENTIAL COMMERCIAL INDUSTRIAL) 11 - QTY OF CARLSBAD LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT (FOR DEPT USE ONLY) USE ONLY) Master Plan O Specific Plan Precise Development Plan [5a Tentative Tract Map (Master) C3 Planned Development Permit M Non-Residential Planned Development Condominium Permit Special Use Permit C3 Redevelopment Permit O Tentative Parcel Map O Administrative Variance C] General Plan Amendment C] Local Coastal Plan Amendment C] Site Development Plan o Zone Change o Conditional Use Permit Hillside Development Permit Environmental Impact Assessment Variance C3 Planned Industrial Permit Coastal Development Permit Planning Commission Determination List any other applications not specificed 2) LOCATION OF PROJECT: ON THE West 1 SIDE OF I El Camino Real (NORTH, SOUTH EAST, WEST) (NAME OF STREET) BETWEEN La Costa Avenuel AND Olivenhain Road (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: - Portion of Section 2, 113S, R4W; and portion of Section 35, 1125, R4W 4) ASSESSOR PARCEL NO(S). 1216-122-24..36.,37:255-011-08,..,1292S5-021-OS... 08 1 5) LOCAL FACILITIES F 23 6) EXISTING GENERAL PLAN Fc/o/RM 7) PROPOSED GENERAL PLAN - MANAGEMENT ZONE DESIGNATION DESIGNATION 15) PROPOSED INDUSTRIAL .o 116) PROPOSED COMMERCIAL I 600,0001 OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE NOTE. AOSD PROJECt :B -BtiP*1FT .. REQ(KRING ThTOY OAPPUCA11ON eaiu IBtThD PRIOO4OQP. FRM00016 8/9C 1 NOV 13 1992 Cli? OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 71 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS [ 400 (rels i dent i al) (Commercial to be determined by City Engineer per. Tab le .13.10.020(c)tern (12)) 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC ( 3 4 ,400 1 20) PROJECT NAME: ( Green Valley 1 21) BRIEF DESCRIPTION OFPROJECT: IRiparian woodland conservation corridor, subregional retail center, multi-family residential, upland bluff conservati area, and mini-convenience commercial. 22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS, OR CrIY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE J (1 SIGNATURE 23) OWNER . 24) APPLICANT - - NAME (PRINT OR TYPE) NAME (PRINT OR TYPE) Carlsbad Partners1 .LCI. Same MAILING ADDRESS MAILING ADDRESS 1601 Elm Street, Suite $9;;F a3(a4f Cr1? AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Dallas, _TX75201 (204)_979-9072 I CERTIFY THAT I AM TIM LEGAL OWNER I CERTIFY ThAT I AM THE LEGAL OWNERi REPRESENTA1IVE AND AND THAT ALL ThE ABOVE INIORMXIION THAT ALL THE ABOVE INFORMATION IS TRUE AND OORRF= TO THE IS TRUE AND OQRRECr TO THE BEST OF - BEST OF MY KNOWLEDGE. MY KNOWLEDGE. SIGNATURE DATE DATE FOR CITY USE _ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED TOTAL FEE REQUIRED DATE FEE PAID RECEIPT NO. • - 2'lk E 1 I C' • - -1 N •---- -I- - ORDER NO 1046947-15 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 (619) 238-1776 JUNE 4, 1992 WILLIAM H. CIES 2540 HUNTINGTON DRIVE SAN NORENO, CALIFORNIA 91108 OUR ORDER NO. 1046947-15 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY 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 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 HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HER COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF MAY 26, 1992 AT 7:30 A.M. GREG SPANIOL/EKG - TITLE OFFICER DIRECT DIAL PHONE 231-4656 PAGE 1 ORDER NO. 1046947-15 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: PRELIMINARY TITLE REPORT TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: CARLSBAD PARTNERS, LTD., A TEXAS LIMITED PARTNERSHIP THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1992-93, A LIEN, NOT YET PAYABLE. 2. SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA REVENUE AND TAXATION CODE. PARCEL NO. 889-114-00-88. ORIGINAL 1ST INSTALLMENT $1,829.47 PAID ORIGINAL 2ND INSTALLMENT $1,829.47 PAID NOTE: NO DETERMINATION IS MADE AS TO THE ASSESSED TAX YEAR. SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA REVENUE AND TAXATION CODE. PARCEL NO. 889-526-67-28. ORIGINAL 1ST INSTALLMENT $1,828.48 PAID ORIGINAL 2ND INSTALLMENT $1,828.48 PAID NOTE: NO DETERMINATION IS MADE AS TO THE ASSESSED TAX YEAR. 3. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. PAGE 2 ORDER NO 1046947-15 4. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 5. THE RIGHT OF THE PUBLIC TO USE AS A PUBLIC HIGHWAY THOSE PORTIONS OF SECTIONS 2 AND 11 HEREIN DESCRIBED THAT LIE WITHIN OLD SURVEY NO. 35, THOSE PORTIONS OF SECTIONS 2, 23, 26 AND 35 HEREIN DESCRIBED THAT LIE WITHIN OLD SURVEY NO. 33, THAT PORTION OF SECTION 34 HEREIN DESCRIBED THAT LIES WITHIN ROAD SURVEY NO. 346, AND THOSE PORTIONS OF SECTIONS 34 AND 35 HEREIN DESCRIBED THAT LIE WITHIN OLD SURVEY NO. 62, ALL AS SHOWN UPON THE ORIGINAL RECORDS IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY. THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. 6. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, IN AN INSTRUMENT RECORDED SEPTEMBER 5, 1929 IN BOOK 1660, PAGE 476 OF DEEDS. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. 7. AN EASEMENT FOR IRRIGATION PIPELINE AND DITCHES, TELEPHONE, TELEGRAPH AND ELECTRIC LINES, AND INCIDENTAL PURPOSES IN FAVOR OF LA COSTA ACRES CORPORATION, A CORPORATION, RECORDED SEPTEMBER 5, 1929 IN BOOK 1660, PAGE 476 OF DEEDS, LOCATED WITHIN SECTIONS 2 AND 11, TOWNSHIP 13 SOUTH, RANGE 4 WEST. THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. 8. AN EASEMENT FOR POLES, WIRES AND ANCHORS FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED DECEMBER 23, 1948 IN BOOK 3059, PAGE 321 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT HEREIN KNOWN AS POINT "A"., WHICH POINT BEARS NORTH 89°02' WEST, 1,527.73 FEET; THENCE SOUTH 16°06' EAST, 589.77 FEET; THENCE SOUTH 73 0 54' WEST, 24.0 FEET FROM THE NORTHEAST CORNER OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4 WEST; THENCE FROM SAID POINT "A", SOUTH 8 0 16' EAST TO THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14. PAGE 3 ORDER NO. 1046947-15 ALSO: BEGINNING AT SAID POINT "A"; THENCE NORTH 20 0 11f WEST, 335.79 FEET; THENCE NORTH 14 0 06' WEST, 701.0 FEET; THENCE NORTH 16 0 05' WEST, 960.0 FEET, MORE OR LESS, TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 13 SOUTH, RANGE 4 WEST. ALSO: BEGINNING AT POINT HEREIN KNOWN AS POINT "B" ON THE WESTERLY LINE OF RANCHO LAS ENCINITAS, DISTANT THEREON 58.76 FEET SOUTHERLY FROM THE NORTHWEST CORNER THEREOF; THENCE FROM SAID POINT "B", SOUTH 74°49' WEST, 1.0 FOOT; THENCE SOUTH 20 0 56' EAST, 316.5 FEET; THENCE SOUTH 3 0 05' WEST TO THE SOUTHERLY LINE OF SAID PORTION OF SAID SECTION 2. ALSO: BEGINNING AT SAID POINT "B"; THENCE NORTH 74 0 49' EAST, 737.0 FEET. ALSO: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID LOT II OF RANCHO LAS ENCINITAS, DISTANT THEREON 23.62 FEET NORTHERLY FROM THE SOUTHEAST CORNER THEREOF; THENCE FROM SAID POINT OF BEGINNING, SOUTH 87 0 00' WEST, 1,210.01 FEET TO A POINT HEREIN KNOWN AS POINT "C"; THENCE CONTINUING SOUTH 87 0 00' WEST TO THE WESTERLY LINE OF SAID RANCHO LAS ENCINITAS. ALSO: BEGINNING AT SAID POINT "C't; THENCE SOUTH 6 0 15' EAST TO THE SOUTHERLY LINE OF SAID LOT 11 OF RANCHO LAS ENCINITAS. EXCEPTING FROM ABOVE RIGHT OF WAY, ANY PORTION THEREOF LYING WITHIN ANY DEEDED OR DEDICATED ROAD, STREET OR HIGHWAY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 9. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NO. 682, ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR, AND AS GRANTED TO THE COUNTY OF AN DIEGO BY DEEDS RECORDED FEBRUARY 6, 1950 IN BOOK 3485, PAGE 208 AND MARCH 9, 1951 IN BOOK 4031, PAGE 440, BOTH OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. A PORTION OF SAID RIGHT OF WAY WAS VACATED BY AN INSTRUMENT RECORDED MARCH 13, 1964 AS FILE NO. 47558 OF OFFICIAL RECORDS. PAGE 4 - ORDER NO. 1046947-15 10. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NO. 682, ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED FEBRUARY 28 1 1950 IN BOOK 3518, PAGE 221 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. 11. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NO. 682, ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED FEBRUARY 28, 1950 IN BOOK 3518, PAGE 226 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. 12. AN EASEMENT FOR GAS PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED MARCH 2, 1960 AS FILE NO. 42870 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: SAID EASEMENT BEING 30 FEET IN WIDTH, THE SOUTHWESTERLY AND WESTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 10 FEET SOUTHWESTERLY AND WESTERLY, MEASURED AT RIGHT ANGLES, AND THE NORTHEASTERLY AND EASTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 20 FEET NORTHEASTERLY AND EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE NORTHERLY BOUNDARY LINE OF RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, DISTANT THEREON NORTH 76°00'38" EAST, 182.16 FEET FROM THE NORTHWEST CORNER OF SAID RANCHO LAS ENCINITAS; THENCE FROM POINT OF BEGINNING, NORTH 36°36'15" WEST, A DISTANCE OF 592.43 FEET; THENCE PARALLEL WITH AND 50.0 FEET SOUTHWESTERLY AND WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF COUNTY ROAD SURVEY NO. 682, FILED IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY, THE FOLLOWING COURSES AND DISTANCES: NORTH 36 0 36 1 15" WEST (RECORD NORTH 36°51' WEST), A DISTANCE OF 382.87 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2,050.0 FEET; THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 27°35 1 30 11 , A DISTANCE OF 979.57 FEET; THENCE NORTH 9 0 10 1 45" WEST (RECORD NORTH 925130 WEST), TANGENT TO SAID PAGE 5 J I . . - ORDER NO. 1046947-15 CURVE, A DISTANCE OF 288.61 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2,950.0 FEET; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15 0 35 1 , A DISTANCE OF 340.0 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF SAID SECTION 2. ALSO: BEGINNING AT SAID POINT OF BEGINNING; THENCE SOUTH 36°36 1 15" EAST, A DISTANCE OF 309.99 FEET. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES GRANTOR ALSO GRANTS TO GRANTEE THE RIGHT DURING CONSTRUCTION OF GRANTEE'S INITIAL PIPELINE TO USE FOR PURPOSES INCIDENTAL TO SAID CONSTRUCTION, A STRIP OF LAND 45 FEET IN WIDTH ADJACENT AND CONTIGUOUS TO THE WITHIN GRANTED EASEMENT AND RIGHT OF WAY, SAID STRIP TO BE IN WHOLE OR IN PART ON EITHER SIDE OF THE SANE, SAID RIGHT TO USE SAID STRIP OF LAND CEASING AND BEING TERMINATED AT SUCH TIME AS SAID INITIAL CONSTRUCTION IS COMPLETED. NOTE: AN INSTRUMENT RECORDED JULY 26, 1972 AS FILE NO. 194159 OF OFFICIAL RECORDS, EXECUTED BY SAN DIEGO GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION, PURPORTS TO QUITCLAIM TO THE COUNTY OF SAN DIEGO, A MUNICIPAL CORPORATION, ANY INTEREST IN THAT PORTION OF SAID EASEMENT DESCRIBED AS FOLLOWS: THAT CERTAIN STRIP OF LAND 10.00 FEET IN WIDTH LYING WITHIN LOTS 9, 14, 15 AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND WITHIN LOTS 3 AND 6 AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, BEING PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY AND NORTHEASTERLY LINE OF SAID 10.00 FOOT WIDE STRIP OF LAND SHALL BE PARALLEL WITH AND 20.00 FEET EASTERLY AND NORTHEASTERLY, MEASURED AT RIGHT ANGLES, AND THE WESTERLY AND SOUTHWESTERLY LINE OF SAID 10.00 FOOT WIDE STRIP OF LAND SHALL BE PARALLEL WITH AND 10.00 FEET EASTERLY AND NORTHEASTERLY, MEASURED AT RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED REFERENCE LINE: BEGINNING AT A POINT IN THE NORTHERLY BOUNDARY OF RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, DISTANT THEREON NORTH 76°00 1 37" EAST, 182.16 FEET FROM THE NORTHWEST CORNER OF SAID RANCHO LAS ENCINITAS; THENCE FROM SAID POINT OF BEGINNING, NORTH 36-36 1 15 11 WEST (RECORD NORTH 36°51' WEST), A DISTANCE OF 592.43 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 50.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF COUNTY ROAD SURVEY NO. 682, FILED IN THE OFFICE OF COUNTY PAGE 6 ORDER NO. 1046947-15 SURVEYOR OF SAN DIEGO COUNTY; THENCE ALONG A LINE THAT IS PARALLEL AND CONCENTRIC WITH SAID CENTER LINE, THE FOLLOWING COURSES AND DISTANCES: NORTH 36 0 36 1 15" WEST (RECORD NORTH 36°51' WEST), 382.87 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2,050.00 FEET; THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 27035f30t, A DISTANCE OF 979.57 FEET; THENCE NORTH 9 0 10 1 45" WEST (RECORD NORTH 9°25 1 30" WEST), TANGENT TO SAID CURVE, A DISTANCE OF 288.61 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2,950.00 FEET; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15 0 35'00", A DISTANCE OF 802.34 FEET; THENCE NORTH 24 0 45 1 45" WEST (RECORD NORTH 25 0 25 1 30 11 WEST), TANGENT TO SAID CURVE, A DISTANCE OF 1,100.05 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3,050.00 FEET; THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15 0 38 1 30", A DISTANCE OF 832.77 FEET; THENCE NORTH 9 0 07 1 15" WEST (RECORD NORTH 9°22' WEST), TANGENT TO SAID CURVE, A DISTANCE OF 754.26 FEET TO A POINT THAT IS 50.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM ENGINEER'S STATION 382 PLUS 00 IN THE CENTER LINE OF SAID COUNTY ROAD SURVEY NO. 862 (108 PLUS 00 R.S. 1800-1). 13. AN EASEMENT FOR GAS PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JULY 25, 1960 AS FILE NO. 149737 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: SAID EASEMENT BEING 30 FEET IN WIDTH, THE SOUTHWESTERLY AND WESTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 10 FEET SOUTHWESTERLY AND WESTERLY, MEASURED AT RIGHT ANGLES, AND THE NORTHEASTERLY AND EASTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 20 FEET NORTHEASTERLY AND EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN NORTHERLY BOUNDARY LINE OF RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, DISTANT THEREON NORTH 76°00 1 37" EAST, 182.16 FEET FROM THE NORTHWEST CORNER OF SAID RANCHO LAS ENCINITAS; THENCE FROM SAID POINT OF BEGINNING, NORTH 36°36 1 15" WEST (RECORD NORTH 36°51' WEST), A DISTANCE OF 975.30 FEET TO THE BEGINNING OF TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2,050.00 FEET; THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 27 0 35 1 30 11 , A DISTANCE OF 979.57 FEET; THENCE NORTH 9 0 10 1 45" WEST (RECORD NORTH 9-25 1 30 11 WEST), TANGENT TO SAID CURVE, A DISTANCE OF 288.61 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2,950.0 FEET; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL PAGE 7 ORDER NO 1046947-15 ANGLE OF 15 0 35 1 1 A DISTANCE OF 802.34 FEET; THENCE NORTH 24°45 1 45" WEST (RECORD NORTH 25°00'30" WEST), TANGENT TO SAID CURVE, A DISTANCE OF 1,100.05 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3,050.0 FEET; THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15 0 38 1 30", A DISTANCE OF 832.77 FEET; THENCE NORTH 9°07' 15" WEST (RECORD NORTH 9 0 22' WEST), TANGENT TO SAID CURVE, A DISTANCE OF 989.84 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 1,550.0 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 28 0 47 1 , A DISTANCE OF 781.70 FEET; THENCE NORTH 19 0 39'45" EAST (RECORD NORTH 19°25' EAST), TANGENT TO SAID CURVE, A DISTANCE OF 2,473.39 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 1,950.0 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 27 0 35', A DISTANCE OF 938.77 FEET; THENCE NORTH 7 0 55'l5" WEST (RECORD NORTH 8 0 10' WEST), A DISTANCE OF 1,721.35 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1,950.0 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25°25 1 30", A DISTANCE OF 865.31 FEET; THENCE NORTH 33 0 20 1 45" WEST (RECORD NORTH 33 0 35'30" WEST), A DISTANCE OF 816.96 FEET; THENCE NORTH 30151 15" EAST, A DISTANCE OF 189.13 FEET TO A POINT IN THE NORTHERLY BOUNDARY LINE OF SAID SECTION 26, DISTANT THEREON SOUTH 89 0 53'40" EAST, 200.15 FEET FROM THE NORTH QUARTER CORNER OF SAID SECTION 26. THE DESCRIBED LINE OF SAID EASEMENT THROUGH THE ABOVE DESCRIBED PROPERTY IS 50.0 FEET WESTERLY AND SOUTHWESTERLY FROM AND PARALLEL WITH THE CENTER LINE OF COUNTY ROAD SURVEY NO. 682, FILED IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY. THE SIDELINES OF THE HEREINBEFORE DESCRIBED RIGHT OF WAY, 30 FEET IN WIDTH, SHALL BE LENGTHENED AND/OR SHORTENED SO THAT SAID SIDELINES SHALL BE CONTINUOUS AND SHALL TERMINATE IN THE BOUNDARY OF THE ABOVE DESCRIBED LANDS OF THE GRANTOR HEREIN. EXCEPTING FROM THE ABOVE DESCRIBED RIGHT OF WAY, ANY PORTION THEREOF LYING WITHIN THE ABOVE DESCRIBED LANDS OF THE GRANTOR HEREIN. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. SAID INSTRUMENT, AMONG OTHER- THINGS, PROVIDES "GRANTOR ALSO GRANTS TO GRANTEE THE RIGHT DURING CONSTRUCTION OF THE INITIAL PIPELINE, TO USE FOR PURPOSES INCIDENTAL TO SAID CONSTRUCTION, A STRIP OF LAND 45 FEET IN WIDTH ADJACENT AND CONTIGUOUS TO THE WITHIN GRANTED EASEMENT AND RIGHT OF WAY, SAID STRIP TO BE IN WHOLE OR IN PART ON EITHER SIDE OF THE SAME, SAID RIGHT TO USE SAID STRIP OF LAND CEASING AND BEING TERMINATED AT SUCH TIME AS SAID INITIAL CONSTRUCTION IS COMPLETED". PAGE 8 ORDER NO. 1046947-15 NOTE: AN INSTRUMENT RECORDED JULY 26, 1972 AS FILE NO. 194159 OF OFFICIAL RECORDS, EXECUTED BY SAN DIEGO GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION, PURPORTS TO QUITCLAIM TO THE COUNTY OF SAN DIEGO, A MUNICIPAL CORPORATION, ANY INTEREST IN THAT PORTION OF SAID EASEMENT DESCRIBED AS FOLLOWS: THAT CERTAIN STRIP OF LAND 10.00 FEET IN WIDTH LYING WITHIN LOTS 9, 14, 15 AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND WITHIN LOTS 3 AND 6 AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, BEING PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY AND NORTHEASTERLY LINE OF SAID 10.00 FOOT WIDE STRIP OF LAND SHALL BE PARALLEL WITH AND 20.00 FEET EASTERLY AND NORTHEASTERLY, MEASURED AT RIGHT ANGLES, AND THE WESTERLY AND SOUTHWESTERLY LINE OF SAID 10.00 FOOT WIDE STRIP OF LAND SHALL BE PARALLEL WITH AND 10.00 FEET EASTERLY AND NORTHEASTERLY, MEASURED AT RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED REFERENCE LINE: BEGINNING AT A POINT IN THE NORTHERLY BOUNDARY OF RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, DISTANT THEREON NORTH 76 0 00 1 37" EAST, 182.16 FEET FROM THE NORTHWEST CORNER OF SAID RANCHO LAS ENCINITAS; THENCE FROM SAID POINT OF BEGINNING, NORTH 36-36 1 15 11 WEST (RECORD NORTH 36 0 51' WEST), A DISTANCE OF 592.43 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 50.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF COUNTY ROAD SURVEY NO. 682, FILED IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY; THENCE ALONG A LINE THAT IS PARALLEL AND CONCENTRIC WITH SAID CENTER LINE, THE FOLLOWING COURSES AND DISTANCES: NORTH 36 0 36 1 15" WEST (RECORD NORTH 36°51' WEST), 382.8 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2,050.00 FEET; THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 27°35 1 30", A DISTANCE OF 979.57 FEET; THENCE NORTH 9 0 10 1 45" WEST (RECORD NORTH 9 0 25 1 30 11 WEST), TANGENT TO SAID CURVE, A DISTANCE OF 288.61 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2,950.00 FEET; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15 0 35 1 00 1', A DISTANCE OF 802.34 FEET; THENCE NORTH 24°45 1 45" WEST (RECORD NORTH 25 0 25 1 30" WEST), TANGENT TO SAID CURVE, A DISTANCE OF 1,100.05 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3,050.00 FEET; THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15 0 38 1 30", A DISTANCE OF 832.77 FEET; PAGE 9 •4. . ORDER NO. 1046947-15 THENCE NORTH 9 0 07 1 15" WEST (RECORD NORTH 9°22' WEST), TANGENT TO SAID CURVE, A DISTANCE OF 754.26 FEET TO A POINT THAT IS 50.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM ENGINEER'S STATION 382 PLUS 00 IN THE CENTER LINE OF SAID COUNTY ROAD SURVEY NO. 862 (108 PLUS 00 R.S. 1800-1). AN AGREEMENT REGARDING JOINT USE OF SAID EASEMENT, DATED AUGUST 27, 1982, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: SAN DIEGO GAS AND ELECTRIC COMPANY AND LEUCADIA COUNTY WATER DISTRICT. RECORDED: SEPTEMBER 3, 1982 AS FILE NO. 82-274498 OF OFFICIAL RECORDS. 14. AN EASEMENT FOR POLES, WIRES AND ANCHORS FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED OCTOBER 17, 1961 AS FILE NO. 180011 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THAT CERTAIN STRIP OF LAND 12.0 FEET IN WIDTH, BEING 6.0 FEET, MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT ON THE NORTHERLY LINt OF LOT 3 IN SECTION 2, WHICH SAID POINT BEARS SOUTH 8905311511 EAST, 1,210.42 FEET FROM A 2-INCH CAPPED PIPE IN A ROCK MOUND MARKING THE SOUTH QUARTER CORNER OF SECTION 35, TOWNSHIP 12 SOUTH,. RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE FROM SAID POINT OF BEGINNING, SOUTH 18 0 09 1 08" EAST, 27.87 FEET; THENCE SOUTH 12°27'08" EAST, 299.93 FEET; THENCE SOUTH 9 0 25'53" EAST, 300.78 FEET; THENCE SOUTH 13 0 50 1 38" EAST, 300.22 FEET TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "A"; THENCE SOUTH 22°09 1 53" EAST, 299.72 FEET TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "B"; THENCE SOUTH 31 0 03 1 23" EAST, 300.14 FEET TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "C"; THENCE SOUTH 36 0 18 1 08" EAST, 564.09 FEET TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "D"; THENCE SOUTH 28 0 00 1 38" EAST, 250.28 FEET TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "E"; THENCE SOUTH 18 0 52'38" EAST, 256.72 FEET TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "F", SAID POINT BEING MORE PARTICULARLY LOCATED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID RANCHO LAS ENCINITAS; THENCE NORTH 75 0 45 1 44" EAST ALONG THE NORTHERLY LINE THEREOF, A DISTANCE OF 0.20 FEET; THENCE SOUTH 20 0 58 1 16" EAST, 58.85 FEET; THENCE NORTH 72 0 46'44" EAST, 44 FEET TO SAID POINT "F". ALSO: A RIGHT OF WAY FOR THE HEREINBEFORE DESCRIBED PURPOSES, OVER AND ACROSS THOSE CERTAIN STRIPS OF LAND 4.0 FEET IN WIDTH, PAGE 10 ORDER NO. 1046947-15 BEING 2.0 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINES: 1. BEGINNING AT SAID POINT "A"; THENCE SOUTH 71 0 59 1 44" WEST, 23.0 FEET. 2. BEGINNING AT SAID POINT "B"; THENCE SOUTH 63 0 23 1 22" WEST, 22.0 FEET. 3. BEGINNING AT SAID POINT "C"; THENCE SOUTH 56°19 1 14" WEST, 23.0 FEET. 4. BEGINNING AT SAID POINT "D" THENCE NORTH 57 0 50 1 37" EAST, 52.0 FEET. 5. BEGINNING AT SAID POINT "E"; THENCE NORTH 66 0 33 1 22" EAST, 52.0 FEET. EXCEPTING FROM THE ABOVE DESCRIBED RIGHT OF WAY, ANY PORTION THEREOF NOT LYING WITHIN THE ABOVE DESCRIBED LANDS OF THE GRANTOR NAMED THEREIN. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 15. AN EASEMENT FOR POLES, WIRES AND ANCHORS FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED OCTOBER 17, 1961 AS FILE NO. 180018 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: A STRIP OF LAND 12 FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, DISTANT THEREON SOUTH 89 0 53 1 15" EAST, 1,210.42 FEET FROM A 2-INCH CAPPED PIPE IN A ROCK MOUND MARKING THE SOUTH QUARTER CORNER OF SAID SECTION 35; THENCE FROM SAID POINT OF BEGINNING, NORTH 18°09 1 08" WEST, 264.63 FEET TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "A"; THENCE NORTH 23 0 37'08" WEST, 300.02 FEET TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "B"; THENCE NORTH 25 0 02 1 08" WEST, 992.29 FEET TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "C"; THENCE NORTH 21 0 46 1 08" WEST, 370.17 FEET TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "D"; THENCE NORTH 51 0 13 1 52" EAST, 686.22 FEET TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "E", WHICH SAID POINT "E" BEARS SOUTH 3 0 42 1 11" WEST, 449.74 FEET FROM THE CORNER COMMON TO LOTS 6, 9, 14 AND 15 IN SAID SECTION 35. ALSO: BEGINNING AT SAID POINT OF BEGINNING; THENCE SOUTH 18°09'08" EAST, 27.87 FEET TO A POINT HEREINAFTER KNOWN AND PAGE 11 I . .. ORDER NO. 1046947-15 DESIGNATED AS POINT "F"; THENCE SOUTH 12 0 27'08" EAST, 299.93 FEET TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "G"; THENCE SOUTH 9 0 25'53" EAST, 300.78 FEET TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "H"; THENCE SOUTH 13 0 50 1 38" EAST, 300.22 FEET; THENCE SOUTH 22 0 09 1 53" EAST, 299.72 FEET; THENCE SOUTH 31°03 1 23" EAST, 300.14 FEET; THENCE SOUTH 35 0 20 1 38" EAST, 299.89 FEET; THENCE SOUTH 20°58 1 16" EAST, 693.12 FEET TO A POINT ON THE NORTHERLY LINE OF RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, DISTANT THEREON NORTH 75°45 1 44" EAST, 0.20 FEET FROM THE NORTHWEST CORNER THEREOF. ALSO: A RIGHT OF WAY FbR THE HEREINBEFORE DESCRIBED PURPOSES OVER AND ACROSS THOSE CERTAIN STRIPS OF LAND 4.0 FEET IN WIDTH, BEING 2.0 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINES: 1. BEGINNING AT SAID POINT "A"; THENCE NORTH 69 0 06 1 58" EAST, 52.0 FEET. 2. BEGINNING AT SAID POINT "B"; THENCE NORTH 65 0 40 1 22" EAST, 52.0 FEET. 3. BEGINNING AT SAID POINT "C"; THENCE SOUTH 66 0 35 1 52" WEST, 23.0 FEET. 4. BEGINNING AT SAID POINT "D"; THENCE SOUTH 51 0 13'52" WEST, 23.0 FEET. 5. BEGINNING AT SAID POINT "E"; THENCE NORTH 51 0 13 1 52" EAST, 25.0 FEET. 6. BEGINNING AT SAID POINT "F"; THENCE NORTH 74 0 41 1 52" EAST, 52.0 FEET. 7. BEGINNING AT SAID POINT "G"; THENCE NORTH 79 0 03 1 30" EAST, 52.0 FEET. 8. BEGINNING AT SAID POINT "H"; THENCE SOUTH 78 0 21 1 45" WEST, 23.0 FEET. EXCEPTING FROM THE ABOVE DESCRIBED RIGHT OF WAY, ANY PORTION THEREOF NOT LYING WITHIN THE ABOVE DESCRIBED LANDS OF THE GRANTOR NAMED THEREIN. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 12 ORDER NO. 1046947-15 16. AN EASEMENT FOR A SEWER PIPELINE OR PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF LEUCADIA COUNTY WATER DISTRICT, A POLITICAL SUBDIVISION, RECORDED OCTOBER 7, 1963 AS FILE NO. 178460 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: A STRIP OF LAND 10 FEET WIDE, THE CENTER LINE OF SAID 10 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT ENGINEER'S STATION 419 PLUS 77.72 B.C., ON THE CENTER LINE OF THE 60 FOOT RIGHT OF WAY FOR A COUNTY ROAD KNOWN AS ROAD SURVEY NO. 682, ACCORDING TO MAP THEREOF ON FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY, SAID CENTER LINE BEARING NORTH 9 0 25'30" WEST FROM SAID POINT; THENCE SOUTH 29 0 50 1 33" WEST, 122.31 FEET; THENCE SOUTH 14°11'Ol" EAST, 500 FEET; THENCE SOUTH 26 0 56 1 01" EAST, 527 FEET; THENCE SOUTH 48 0 21 1 01" EAST, 360 FEET; THENCE SOUTH 30 0 44 1 41" EAST, 641.72 FEET TO ENGINEER'S STATION 440 PLUS 58.52 ON SAID CENTER LINE OF ROAD SURVEY NO. 682. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 17. AN EASEMENT FOR POLES, WIRES AND ANCHORS FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED OCTOBER 20, 1965 AS FILE NO. 190722 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: A STRIP OF LAND 12 FEET IN WIDTH, THE CENTER LINE BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID RANCHO LAS ENCINITAS; THENCE.SOUTH 21 0 12 1 00" EAST ALONG THE SOUTHWESTERLY LINE THEREOF, A DISTANCE OF 376.10 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE OF RIGHT OF WAY HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING, NORTH 3 °50 1 30" WEST, 325.30 FEET TO AN INTERSECTION WITH THE CENTER LINE OF THAT CERTAIN RIGHT OF WAY GRANTED TO SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION, RECORDED DECEMBER 23, 1948 IN BOOK 3059, PAGE 321 OF OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 18. AN EASEMENT FOR PUBLIC ROAD AND INCIDENTAL PURPOSES IN FAVOR OF THE COUNTY OF SAN DIEGO, RECORDED NOVEMBER 15, 1966 AS FILE NO. 180730 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: A STRIP OF LAND 60 FEET IN WIDTH, 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT AN ANGLE POINT IN THE NORTHEASTERLY BOUNDARY OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED PAGE 13 LJ ORDER NO. 1046947-15 APRIL 6, 1965 AS FILE NO. 60313 OF OFFICIAL RECORDS, IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, SAID ANGLE POINT BEING MARKED BY A 1-1/2 INCH PIPE TAGGED "DIV. HWYS.", BEING AT COORDINATES Y EQUALS 335,887.14 FEET AND X EQUALS 1,680,010.83 FEET; THENCE ALONG BEARINGS AND DISTANCES BASED ON THE CALIFORNIA COORDINATE SYSTEM GRID ZONE VI, AS FOLLOWS: SOUTH 284006" EAST ALONG SAID NORTHEASTERLY BOUNDARY LINE AND THE PROLONGATION THEREOF, 90.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT HAVING GRID COORDINATES N EQUALS 335,808.173 AND E EQUALS 1,680,053.206 OF SAID GRID ZONE VI; THENCE NORTH 61 0 19 1 54" EAST, 24.37 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 4,850 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 3 0 34 1 25 11 , A DISTANCE OF 302.50 FEET; THENCE TANGENT TO SAID CURVE NORTH 57 0 45 1 29" EAST, 405.52 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 1,400 FEET; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°13 1 25 11 , A DISTANCE OF 371.98 FEET; THENCE TANGENT TO SAID CURVE NORTH 72 11 58'54" EAST, 418.15 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 1,400 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 18°11'59", A DISTANCE OF 444.70 FEET; THENCE TANGENT TO SAID CURVE SOUTH 88 0 49 1 07" EAST, 1,443.17 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 1,400 FEET; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 12°35 1 05 11 , A DISTANCE OF 307.50 FEET; THENCE TANGENT TO SAID CURVE NORTH 78 0 35 1 48" EAST, 870.32 FEET TO THE POINT OF BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 1,700 FEET, SAID POINT BEING ENGINEER'S STATION 89 PLUS 6.70 B.C., IN THE CENTER LINE OF ROAD SURVEY NO. 1796-65, ON FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY AS SHOWN ON SHEET 4 OF SAID SURVEY; THENCE EASTERLY AND SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 40 0 22 1 26 11 , A DISTANCE OF 1,197.92 FEET; THENCE TANGENT TO SAID CURVE SOUTH 61 0 01 1 46" EAST, 1,297.68 FEET TO THE POINT OF BEGINNING OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 1,500 FEET, SAID POINT BEING ENGINEER'S STATION 114 PLUS 57.30 B.C., IN THE CENTER LINE OF ROAD SURVEY NO. 1796-65; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 34°11'14", A DISTANCE OF 895.02 FEET; THENCE TANGENT TO SAID CURVE NORTH 84 0 47 1 00" EAST, 689.81 FEET TO A POINT ON THE CENTER LINE OF ROAD SURVEY NO. 682 1 A PLAT OF WHICH IS ON FILE IN SAID OFFICE OF THE COUNTY SURVEYOR, SAID POINT BEARING SOUTH 52 0 02 1 49" EAST, 558.81 FEET FROM THE EASTERLY TERMINUS OF THE COMMON BOUNDARY LINE BETWEEN LOTS 7 AND 16 OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAID CENTER LINE POINT ALSO HAVING GRID COORDINATES N EQUALS 335,770.646 AND E EQUALS 1,688,300.279 OF SAID ZONE VI. PAGE 14 . . ORDER NO. 1046947-15 SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 19. AN EASEMENT FOR A LINE OF POLES WITH WIRES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, TOGETHER WITH THE RIGHT OF INGRESS THERETO, EGRESS THEREFROM AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JANUARY 16, 1967 AS FILE NO. 6083 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: LOT 9 IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, EXCEPTING THEREFROM THAT PORTION DESCRIBED IN A DEED RECORDED DECEMBER 18, 1962 AS FILE NO. 215100 OF OFFICIAL RECORDS OF SAID COUNTY SAN DIEGO. SAID EASEMENT SHALL BE 12.00 FEET IN WIDTH, BEING 6.00 FEET, MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT ENGINEER'S STATION 397+73.25 ON THE CENTER LINE OF ROAD SURVEY NO. 682 (EL CAMINO REAL), FILED IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY OF SAN DIEGO, SAID ENGINEER'S STATION BEARS NORTH 24°24'48" WEST (RECORD NORTH 2500030tt WEST) FROM ENGINEER'S STATION 405+00.00 OF SAID ROAD SURVEY, SAID ENGINEER'S STATION 397+73.25 BEING THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 3,000.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 7003 '58", A DISTANCE OF 369.98 FEET; THENCE LEAVING SAID CENTER LINE, SOUTH 84°47 1 01" WEST, A DISTANCE OF 59.20 FEET; THENCE NORTH 25 0 35 1 00" WEST, A DISTANCE OF 58.50 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE OF RIGHT OF WAY HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING, SOUTH 25 0 35 1 00" EAST, A DISTANCE OF 462.30 FEET. ALSO: BEGINNING AT THE ABOVE DESCRIBED TRUE POINT OF BEGINNING; THENCE NORTH 89 0 56 1 00" EAST TO THE EASTERLY LINE OF THE ABOVE DESCRIBED PROPERTY, BEING A DISTANCE OF 70 FEET, MORE OR LESS. ALSO: WITHIN THOSE CERTAIN 4.00 FOOT STRIPS OF LAND, BEING 2.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINES: 1. BEGINNING AT THE ABOVE DESCRIBED TRUE POINT OF BEGINNING; THENCE NORTH 5 0 52 1 00" WEST, A DISTANCE OF 21.00 FEET. 2. BEGINNING AT THE ABOVE DESCRIBED TRUE POINT OF BEGINNING; THENCE SOUTH 780150011 WEST, A DISTANCE OF 21.00 FEET. PAGE 15 • . ORDER NO. 1046947-15 REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 20. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF ROAD SURVEY NO. 1800-1, WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID ROAD AS GRANTED IN DEED RECORDED NOVEMBER 28, 1969 AS FILE NOS. 217326 AND 217327, BOTH OF OFFICIAL RECORDS. SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES THE FOLLOWING: RESERVING UNTO THE GRANTORS HEREIN, THEIR HEIRS OR ASSIGNS, THE RIGHT AT ANY TIME TO REMOVE SUCH SLOPES OR PORTIONS THEREIN DESCRIBED IN PARCELS 67080-E, 67080-F AND 67083-D (OF SAID INSTRUMENT) UPON REMOVING THE NECESSITY FOR MAINTAINING SUCH SLOPES OR PORTIONS THEREOF, OR UPON PROVIDING IN PLACE THEREOF OTHER ADEQUATE LATERAL SUPPORT, TOGETHER WITH THE RIGHT TO RECLAIM ANY PORTION OF THE LAND DESCRIBED THEREIN FOR SAID DRAINAGE FACILITIES BY PROVIDING IN PLACE THEREOF OTHER ADEQUATE STRUCTURES. THE FOREGOING RIGHTS RESERVED UNTO THE GRANTORS MAY BE EXERCISED EITHER SEPARATELY OR CONCURRENTLY, PROVIDED THAT IN ANY CASE, THE DESIGN AND CONSTRUCTION THEREOF SHALL BE FIRST APPROVED BY THE COUNTY ENGINEER OF THE COUNTY OF SAN DIEGO FOR THE PROTECTION AND SUPPORT OF THE ADJACENT COUNTY HIGHWAY. 21. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF ROAD SURVEY NO. 1800-1, WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID ROAD AS GRANTED IN DEED RECORDED FEBRUARY 16, 1970 AS FILE NO. 27777 OF OFFICIAL RECORDS. 22. AN EASEMENT FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED DECEMBER 17, 1974 AS FILE NO. 74-326951 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 8 FEET IN WIDTH, BEING 4 FEET, MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 9, SAID NORTHWEST CORNER BEARS NORTH 00 0 01'27" WEST FROM THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 52 0 02'49" EAST, 588.81 FEET; THENCE SOUTH 38 0 38 1 42" WEST, 74.50 FEET; THENCE SOUTH 19 0 44 1 18" EAST, 91.00 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING, RETRACING NORTH 19 0 44 1 18" WEST, 71.00 FEET. ALSO: BEGINNING AT SAID TRUE POINT OF BEGINNING; THENCE SOUTH 23 0 16'18" EAST, 121.00 FEET. PAGE 16 ORDER NO 1046947-15 REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 23. AN EASEMENT FOR A PIPELINE OR PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF OLIVENHAIN MUNICIPAL WATER DISTRICT, RECORDED JULY 22, 1975 AS FILE NO. 75-189465 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 30 FEET OF EVEN WIDTH, THE CENTER LINE BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE IN THE CENTER LINE OF COUNTY ROAD SURVEY NO. 1800-1, WHICH IS DESIGNATED IN THE DEED TO THE COUNTY OF SAN DIEGO RECORDED NOVEMBER 28, 1969 AS FILE NO. 217326 OF OFFICIAL RECORDS AS "NORTH 36 0 17 1 34" WEST 292.24 FEET"; THENCE ALONG SAID COURSE, SOUTH 36 0 15 1 35" EAST (RECORD SOUTH 36°17 1 34" EAST), 187.45 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTER LINE; THENCE SOUTH 54 0 29 1 55" WEST TO THE WESTERLY BOUNDARY OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER SECTION CORNER OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, ON THE TOWNSHIP LINE AND RUNNING WEST ON SAID LINE, 270.00 FEET TO A STAKE; THENCE SOUTH 06 0 45 1 00" EAST, 725.00 FEET TO A STAKE; THENCE SOUTH 66 0 15 1 00" WEST, 284.50 FEET TO A STAKE; THENCE SOUTH 20 0 15 1 00" EAST, 142.00 FEET TO A STAKE; THENCE SOUTH 32 0 15 1 00" EAST, 158.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 66 0 29 1 20" EAST, 91.00 FEET TO THE WESTERLY LINE OF ROAD SURVEY NO. 682, 60.00 FEET WIDE, KNOWN AS EL CANINO REAL; THENCE IN A SOUTHERLY DIRECTION ALONG THE WESTERLY LINE OF SAID ROAD SURVEY NO. 682; TO AN INTERSECTION WITH THE SOUTHERLY LINE OF LOT 6 OF SAID SECTION 2; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT TO AN INTERSECTION WITH A LINE BEARING SOUTH 32 0 15 1 00" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 32 0 15 1 00" WEST TO THE TRUE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 24. AN EASEMENT FOR A PIPELINE OR PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF OLIVENHAIN MUNICIPAL WATER DISTRICT, RECORDED JULY 22, 1975 AS FILE NO. 75-189466 OF OFFICIAL RECORDS, LOCATED WITHIN THAT PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN A STRIP OF LAND 30.00 FEET OF EVEN WIDTH, THE CENTER LINE OF SAID 30.00 FOOT WIDE STRIP OF LAND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE IN THE CENTER LINE OF COUNTY ROAD SURVEY NO. 1800-1, WHICH IS DESIGNATED IN THE DEED TO THE COUNTY OF SAN DIEGO RECORDED NOVEMBER 28, 1969 AS FILE NO. 217326 OF OFFICIAL RECORDS AS "NORTH 36 0 17 1 34" WEST 292.24 FEET"; THENCE ALONG SAID COURSE, SOUTH 36 0 15 1 35" EAST (RECORD SOUTH 36°17'34" EAST), 187.45 FEET PAGE 17 \ ORDER NO. 1046947-15 TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTER LINE; THENCE SOUTH 54 0 29 1 55" WEST, 1,096.45 FEET; THENCE SOUTH 2 0 15'44" WEST, 251.98 FEET; THENCE SOUTH 72 0 30 1 30" WEST 847.84 FEET; THENCE SOUTH 76 0 52 1 48" WEST, 786.34 FEET; THENCE NORTH 60 0 05 1 33" WEST, 231.08 FEET TO A POINT ON THE WESTERLY LINE OF SAID SECTION 2, DISTANT THEREON NORTH 104758 WEST, 85.75 FEET FROM THE WEST QUARTER CORNER OF SAID SECTION 2. TOGETHER WITH THE RIGHT AND PRIVILEGE TO SPILL WATER INTO THE EXISTING NATURAL DRAINAGE SWALE ON THE LANDS OF THE GRANTOR NAMED HEREIN, WHICH SAID SWALE DRAINS IN A GENERAL EASTERLY DIRECTION AND CROSSES THE WESTERLY LINE OF SAID SECTION 2 AT A POINT OF APPROXIMATELY 140.00 FEET NORTHERLY OF THE WEST QUARTER CORNER OF SAID SECTION. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 25. NOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED JUNE 12, 1980 AS FILE NO. 80-188196 OF OFFICIAL RECORDS. 26. AN EASEMENT FOR SEWER PIPELINE AND INCIDENTAL PURPOSES IN FAVOR OF LEUCADIA COUNTY WATER DISTRICT, RECORDED JULY 21, 1982 AS FILE NO. 82-223154 OF OFFICIAL RECORDS, LOCATED WITHIN A PORTION OF THE NORTH HALF OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THAT PORTION IS MORE PARTICULARLY DESCRIBED IN A STRIP OF LAND 20.00 FEET IN WIDTH, 5.00 FEET TO THE EAST AND 15.00 FEET TO THE WEST OF THE FOLLOWING DESCRIBED PIPE ALIGNMENT: BEGINNING AT THE POINT ON ROAD SURVEY NO. 1800-1, DESIGNATED AS STATION 100 PLUS 27.02 ON SHEET 10; THENCE NORTH 7°00 1 27" WEST, 354.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 30 0 08 1 48" WEST, 336.34 FEET; THENCE NORTH 47 0 34 1 56" WEST, 359.47 FEET; THENCE NORTH 26 0 21 1 19" WEST, 524.00 FEET; THENCE NORTH 14°11'Ol" WEST, 494.84 FEET; THENCE NORTH 32°43 1 01" EAST, 18 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE FOR EL CAMINO REAL AS DESCRIBED BY ROAD SURVEY NO. 1800-1, WHICH IS THE END. THE EASTERLY AND WESTERLY EASEMENT LINES DESCRIBED ABOVE SHALL BE FORESHORTENED OR LENGTHENED AS REQUIRED TO BEGIN AND END ON THE WESTERLY RIGHT OF WAY LINE FOR EL CAMINO REAL AS DESCRIBED BY ROAD SURVEY NO. 1800-1. THIS EASEMENT EXCLUDES ANY PORTION OF PARCEL NO. 255-011-05. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 18 ORDER NO. 1046947-15 27. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE, DATED SEPTEMBER 7, 1983, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: N. B. HUNT AND W. H. HUNT, AND THE CITY OF CARLSBAD. RECORDED: OCTOBER 20, 1983 AS FILE NO. 83-378945 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 28. THE FACT THAT SAID LAND LIES WITHIN THE "SAN DIEGUITO REORGANIZATION", AS DISCLOSED BY INSTRUMENT RECORDED SEPTEMBER 5, 1986 AS FILE NO. 86-390249 OF OFFICIAL RECORDS. 29. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE, DATED AUGUST 29, 1986, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: W. H. HUNT AND N. B. HUNT, AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: NOVEMBER 6, 1986 AS FILE NO. 86-509319 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 30. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 10774, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 31. AN EASEMENT FOR PUBLIC HIGHWAY AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED JUNE 24, 1987 AS FILE NO. 87-352754 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PARCEL A THOSE PORTIONS OF LOT 9, LOT 15 AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, ALL IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF APPROVED OCTOBER 25, 1875, LYING WITHIN A STRIP OF LAND 63 FEET WIDE, THE EASTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHERLY TERMINUS OF THE CENTER LINE THAT CERTAIN 90 FOOT STRIP OF LAND HAVING A BEARING OF NORTH 8 0 52 1 13" WEST, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED NOVEMBER 28, 1969 AS FILE NO. 217326 OF OFFICIAL RECORDS, SAID POINT BEING THE BEGINNING OF A TANGENT 2,985 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A PAGE 19 c E R • V C V V V V V V/V VVV V ORDER NO. 1046947-15 CENTRAL ANGLE OF 6 0 23 1 14 11 , A DISTANCE OF 332.76 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF SAID SECTION 35, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID 2,985 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 9 0 11 1 40 11 , A DISTANCE OF 479.01 FEET; THENCE TANGENT TO SAID CURVE NORTH 24°27 1 07" WEST, 990.87 FEET TO THE BEGINNING OF A TANGENT 3,400 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 8°06 1 30", A DISTANCE OF 481.15 FEET TO A POINT HEREIN DESIGNATED AS "POINT A"; THENCE CONTINUING ALONG SAID 3 1 400 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 7 0 33 1 26 11 , A DISTANCE OF 448.45 FEET; THENCE TANGENT TO SAID CURVE NORTH 8 0 47 1 11" WEST, 433.00 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF SAID LOT 15. THE WESTERLY SIDELINE OF SAID 63 FOOT STRIP OF LAND SHALL BE SHORTENED TO TERMINATE ON THE SOUTHERLY LINE OF SAID SECTION 35 AND SHALL BE LENGTHENED TO TERMINATE ON THE NORTHERLY LINE OF SAID LOT 15. PARCEL B THOSE PORTIONS OF LOT 9, SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF APPROVED OCTOBER 25, 1875, LYING WITHIN A STRIP OF LAND 116 FEET WIDE, 58 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT "POINT All DESCRIBED ABOVE, BEING THE POINT OF INTERSECTION OF THE CENTER LINE OF THE 60 FOOT STRIP OF LAND DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED NOVEMBER 15, 1966 AS FILE NO. 180730 OF OFFICIAL RECORDS, AND THE CENTER LINE OF THE 90 FOOT STRIP OF LAND DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED NOVEMBER 28, 1969 AS FILE NO. 217326 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 84 0 47 1 00" WEST, 466.48 FEET, MORE OR LESS, TO THE WESTERLY BOUNDARY OF SAID LOT 9. THE NORTHERLY AND SOUTHERLY SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED TO TERMINATE ON THE WESTERLY LINE OF SAID LOT 9. TOGETHER WITH: THOSE PORTIONS OF LOT 9 LYING WESTERLY OF THE WESTERLY SIDELINE OF SAID 63 FOOT STRIP OF LAND AND LYING NORTHERLY OF THE NORTHERLY SIDELINE OF SAID 116 FOOT STRIP OF LAND AND LYING SOUTHEASTERLY OF A 30 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, SAID CURVE BEING TANGENT TO BOTH THE WESTERLY SIDELINE OF SAID 63 PAGE 20 ORDER NO. 1046947-15 FOOT STRIP OF LAND AND THE NORTHERLY SIDELINE OF SAID 116 FOOT STRIP OF LAND, AND; THOSE PORTIONS OF LOT 9 LYING WESTERLY OF THE WESTERLY SIDELINE OF SAID 63 FOOT STRIP OF LAND AND LYING SOUTHERLY OF THE SOUTHERLY SIDELINE OF SAID 116 FOOT STRIP OF LAND AND LYING NORTHEASTERLY OF A 30 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, SAID CURVE BEING TANGENT TO BOTH THE WESTERLY SIDELINE OF SAID 63 FOOT STRIP OF LAND AND THE SOUTHERLY SIDELINE OF SAID 116 FOOT STRIP OF LAND. TOGETHER WITH THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES 30 FEET BEYOND THE LIMITS OF THE HEREIN DESCRIBED RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID PUBLIC HIGHWAY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 32. NOTICES OF GRADING VIOLATION, DATED JANUARY 4, 1989, EXECUTED BY THE CITY OF CARLSBAD AND RECORDED JANUARY 18, 1989 AS FILE NOS. 89-027969 THRU 89-027974, INCLUSIVE, ALL OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 33. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COPY OF THE PARTNERSHIP AGREEMENT REFERRED TO IN THE VESTING HEREIN AND ANY AMENDMENTS THERETO. 34. THE TERMS, COVENANTS, AND PROVISIONS OF THE PARTNERSHIP REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS. 35. THE REQUIREMENT THAT A REGISTRATION FOR A FOREIGN LIMITED PARTNERSHIP (FORM LP-5) BE FILED IN THE OFFICE OF THE SECRETARY OF STATE OF THE STATE OF CALIFORNIA, AND A CERTIFIED COPY THEREOF BE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. PAGE 21 AINI t. :. -- S . ORDER NO. 1046947-15 1991-1992 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09138 216-122-24 $3,937.26 PAID $3,937.26 PAID $639,846.00 $36,414.00 $-0 - 09134 216-122-36 $87.84 PAID $87.84 PAID $8,323.00 $-0 - 09135 216-122-37 $4,307.37 PAID $4,307.37 PAID $780,300.00 09134 255-011-08 $97.53 PAID $97.53 PAID $9,363.00 $-.0 - $-0- 09134 255-011-09 $1,650.14 PAID $1,650.14 PAID $260,100.00 $-0 - PAGE 22 ORDER NO. 1046947-15 1991-1992 TAX INFORMATION: CODE AREA: 09135 PARCEL NO.: 255-011-10 1ST INSTALLMENT: $50,138.47 PAID 2ND INSTALLMENT: $50,138.47 PAID LAND VALUE: $9,171,126.00 IMPROVEMENTS: EXEMPT: $-0- CODE AREA: 09135 PARCEL NO.: 255-011-12 1ST INSTALLMENT: $66.79 PAID 2ND INSTALLMENT: $66.79 PAID LAND VALUE: $6,242.00 IMPROVEMENTS: $-0- EXEMPT: CODE AREA: 09134 PARCEL NO.: 255-011-13 1ST INSTALLMENT: $273.26 PAID 2ND INSTALLMENT: $273.26 PAID LAND VALUE: $29,597.00 IMPROVEMENTS: $-0- EXEMPT: $-0- CODE AREA: 09134 PARCEL NO.: 255-011-14 1ST INSTALLMENT: $55.29 PAID 2ND INSTALLMENT: $55.29 PAID LAND VALUE: $5,844.00 IMPROVEMENTS: EXEMPT: CODE AREA: 09141 PARCEL NO.: 255-021-05 1ST INSTALLMENT: $47.19 PAID 2ND INSTALLMENT: $47.19 PAID LAND VALUE: $4,161.00 IMPROVEMENTS: $-0- EXEMPT: CODE AREA: 09152 PARCEL NO.: 255-021-06 1ST INSTALLMENT: $9,682.85 PAID 2ND INSTALLMENT: $9,682.85 PAID LAND VALUE: $1,768,680.00 IMPROVEMENTS: $-0- EXEMPT: PAGE 23 / . ORDER NO. 1046947-15 1991-1992 TAX INFORMATION: CODE AREA: 09134 PARCEL NO.: 255-021-07 1ST INSTALLMENT: $24.40 PAID 2ND INSTALLMENT: $24.40 PAID LAND VALUE: $2,080.00 IMPROVEMENTS: EXEMPT: $-0- CODE AREA: 09135 PARCEL NO.: 255-021-08 1ST INSTALLMENT: $1,713.72 PAID 2ND INSTALLMENT: $1,713.72 PAID LAND VALUE: $312,120.00 IMPROVEMENTS: EXEMPT: PAGE 24 1 All L i . ORDER NO. 1046947-15 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 9 AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. TOGETHER WITH THAT PORTION OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, TOGETHER WITH A PORTION OF LOT 1 OF RANCHO LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1888, DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT THE NORTH QUARTER SECTION CORNER OF SAID SECTION ON THE TOWNSHIP LINE AND RUNNING WEST ON SAID LINE, 270.00 FEET TO A STAKE; THENCE SOUTH 6 0 45' EAST, 725.00 FEET TO A STAKE; THENCE SOUTH 66 0 15' WEST, 284.50 FEET TO A STAKE; THENCE SOUTH 20 1 15' EAST, 142.00 FEET TO A STAKE; THENCE SOUTH 32 0 15' EAST, 158.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 66 0 29 1 20" EAST, 91.00 FEET TO THE WESTERLY LINE OF ROAD SURVEY NO. 682, 60 FEET WIDE, KNOWN AS EL CAMINO REAL; THENCE IN A SOUTHERLY DIRECTION ALONG THE WESTERLY LINE OF SAID ROAD SURVEY NO. 682, TO AN INTERSECTION WITH THE SOUTHERLY LINE OF LOT 6 OF SAID SECTION 2; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT TO AN INTERSECTION WITH A LINE BEARING SOUTH 32 0 15' EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 32 0 15' WEST TO THE TRUE POINT OF BEGINNING. ALSO TOGETHER WITH LOT 4, THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, TOGETHER WITH LOT 3 AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED BY MAGDALENA BELLER TO FREDERICK PRINDLE BY DEED DATED MARCH 13, 1895, RECORDED IN BOOK 237, PAGE 335 OF DEEDS, DESCRIBED AS FOLLOWS: PAGE 25 - .• ORDER NO. 1046947-15 COMMENCING AT THE NORTH QUARTER SECTION CORNER OF SAID SECTION 2 ON THE TOWNSHIP LINE AND RUNNING WEST ON SAID LINE, 270 FEET TO A STARE; THENCE SOUTH 6 0 45' EAST, 725 FEET TO A STAKE; THENCE SOUTH 66 0 15 1 WEST, 284-1/2 FEET TO A STAKE; THENCE SOUTH 20 0 15 1 EAST, 142 FEET TO A STAKE; THENCE SOUTH 32 0 15' EAST, 986 FEET, MORE OR LESS, TO A STAKE INTERSECTION THE NORTH AND SOUTH QUARTER SECTION LINE OF SAID SECTION 2; THENCE NORTH ON SAID QUARTER SECTION LINE, 1,795 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING. ALSO TOGETHER WITH THAT PORTION OF THE SOUTH HALF OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: BEGINNING AT THE CONCRETE MONUMENT DESIGNATED THE CENTER OF SAID SECTION 2; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH HALF, SOUTH 88°39'20" WEST, 1,259.25 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE ALONG THE WESTERLY LINE THEREOF, SOUTH 4°20'10" EAST, 914.20 FEET; THENCE PARALLEL WITH SAID NORTHERLY LINE, NORTH 88°39 1 20" EAST TO THE WESTERLY LINE OF THE LAND DESCRIBED IN PARCEL 67080-B IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED NOVEMBER 28, 1969 AS FILE NO. 217326 OF OFFICIAL RECORDS, BEING A POINT IN THE CENTER LINE OF ROAD SURVEY NO. 682; THENCE IN A NORTHERLY DIRECTION ALONG SAID WESTERLY LINE, TO AND ALONG THE WESTERLY LINE OF THE LAND DESCRIBED IN PARCEL 67080-A OF SAID DEED, TO THE NORTHERLY LINE OF SAID SOUTH HALF OF SECTION 2; THENCE ALONG SAID NORTHERLY LINE, SOUTH 88°39 1 20" WEST TO THE POINT OF BEGINNING. EXCEPTING THOSE PORTIONS LYING EASTERLY OF THE CENTER LINE OF COUNTY HIGHWAY KNOWN AS ROAD SURVEY NO. 682 AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 28, 1950 IN BOOK 3518, PAGE 221 OF OFFICIAL RECORDS. ALSO EXCEPTING ALL THAT PORTION LYING NORTHERLY OF THE CENTER LINE OF THAT CERTAIN 60 FOOT STRIP AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED NOVEMBER 15, 1966 AS FILE NO. 180730 OF OFFICIAL RECORDS, KNOWN AS ROAD SURVEY NO. 1796-66, ON FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY. ALSO EXCEPTING THAT PORTION LYING WITHIN ROAD SURVEY NO. 1800-1, DESCRIBED IN DEED TO COUNTY OF SAN DIEGO, RECORDED FEBRUARY 16, 1970 AS FILE NO. 27777 OF OFFICIAL RECORDS, BEING A STRIP OF LAND 90.00 FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: PAGE 26 ORDER NO. 1046947-15 BEGINNING AT ENGINEER'S STATION 91 PLUS 44.13 ON THE CENTER LINE OF ROAD SURVEY NO. 458-66, ENCINITAS BOULEVARD, FORMERLY SAN MARCOS ROAD, BEING ALSO ENGINEER'S STATION 122 PLUS 91.60, FORMER ROAD SURVEY NO. 458, PLATS OF SAID SURVEYS BEING FILED IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY, AND BEING THE NORTHERLY TERMINUS OF THE CENTER LINE OF ROAD SURVEY NO. 1802, SAID ENGINEER'S STATION HAVING COORDINATES N EQUALS 321,386.98 AND E EQUALS 1,690,893.61 OF THE CALIFORNIA COORDINATE SYSTEM, GRID ZONE 6; THENCE ALONG BEARINGS AND DISTANCE BASED ON CALIFORNIA COORDINATE SYSTEM, ZONE 6, AS FOLLOWS: NORTH 00 0 06 1 44" EAST, 547.32 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 2,000.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°39 1 24 11 , A DISTANCE OF 546.52 FEET; THENCE TANGENT TO SAID CURVE NORTH 15 0 32 1 40" WEST, 2,691.11 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 3,500.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15 0 58 1 53 1', A DISTANCE OF 976.25 FEET; THENCE TANGENT TO SAID CURVE NORTH 0026 '13" EAST, 1,014.57 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 4,000.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 7 0 53 1 44", A DISTANCE OF 551.21 FEET; THENCE TANGENT TO SAID CURVE NORTH 8 0 19 1 57" EAST, 445.46 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 5,500.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6°41 1 44 11 , A DISTANCE OF 642.74 FEET; THENCE TANGENT TO SAID CURVE NORTH 1 0 38 1 13" EAST, 603.21 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 9,000.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 5 0 24.1 29 11 , A DISTANCE OF 849.47 FEET; THENCE TANGENT TO SAID CURVE NORTH 3 0 46 1 16" WEST, 1,061.58 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE. LEFT, HAVING A RADIUS OF 2,000.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32°31 1 18", A DISTANCE OF 1,135.22 FEET; THENCE TANGENT TO SAID CURVE NORTH 36 0 17 1 34" WEST, 292.44 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 2,015.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27 0 25 1 21 11 , A DISTANCE OF 964.40 FEET. ALSO EXCEPTING THEREFROM THOSE PORTIONS THEREOF DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, ROAD SURVEY NO. 1800-1, RECORDED NOVEMBER 28, 1969 AS FILE NO. 217326 OF OFFICIAL RECORDS. ALSO EXCEPTING THAT PORTION OF SAID LOT 3 LYING EASTERLY OF THE EASTERLY LINE OF SAID ROAD SURVEY NO. 1800-1. ALSO EXCEPTING THEREFROM THAT PORTION, IF ANY, LYING WITHIN RECORD OF SURVEY MAP NO. 10774, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1986 AS FILE NO. 86-494180 OF OFFICIAL RECORDS. PAGE 27 .Awl ira!Ii ., ffAQAEE Elm!ffaffA m MI. wrziIi:i ammapammi Immmummmm mmufflomm mmmmm __ NEENIME NMEM ____U - U INEElmom -- U SWEElmom - U ____a__ - ____ MEN - ____ _ U- _ --- ER.A. I -1 16-12 j H12OF2 '-400 r1 ACIC . ' 4 ;@ . 140 SCALE DETAIL B \ •\. • • o€ H SPACE ESMT- SORTO SCALE I•: 200 ' 12 \ -' PO LOT 14 • • SPECIAL USE PERMIT SHT.I / 31 SHT. 2 ,..-a NE CUR. -. - I"•#' \" LOT 9 40 1 9 12, W. 0 IL 15 13.21 AC. 224 2 16 .34 a C gII .16 AC- 3 64AC 83?SAC. 8 OF SHT 'I 90 OF : It i4.30AC.. . • © PAR. B ' I cZE: 6.5AC. ' - - - - - _LOTLOT 9 . - co.i 290.55 L77AC . . \ 56*.:®P 0 k cl I —Z4 u \s i • \ . ?. 8.69 AC. \ . \ o • I N4w ij,g (Rs) • . ) ,,.. co -40 @: . ... \ .'.. . 0 \ \ \\•! 990AC L 4 , ; -V • 4S \•• ,. 36 Q4 AC M,4c.: I9 _ -. I /3/7. \ -- • 312 -V.f9•.SJJS w - me. 04 - . - 319) -. SHT 2 . . . SHT 2 MAP 8379 - CARLSBAD TRACT NO. 75-7 SEC 35 - T12S-RW - S 1/2.& PORN 1'2 PUS 5985.626,10774,12639 SAN )IGO COUNTY ASSESSORS Map Ok 26 rG 1: - SHI 2 01 2 MAPPED FOR ASSESSMENI PURPOSES-ONLY - ci 4 • . •\\ .. _ 11I!IIflIliHhIflhIIIIItlI IimME1ErIIRiIUuIIuIuuuIUIuIUI 011111111111111111111 IIIIIII 9111 1111111111111111 IIIIIIIII 1HILrrrrrIIuIlIuIIIIIIIIIINhI SHI. 1 AG.PR.(c) AGRICULTURAL PRESERVE (CONTRACT) - ,v 4 °23' O3"W_ 16 10EN. SEC. 2 i" C, 011 ILO C, 0 Oso ompsli QO 13 AV Ito .0 M-YO47 40 POR3 I - I4.54AC Isg ¼) - A17.. I .. I. •11 \\ . 255-01 SHT.2OF2---' r- -400 FIRST AMERICAN TITLS IKSU*AJ 411 IVY COP#.HY ZPS_I7 P.O. 904 904 SAM 014Q0. CA 2 "This map may or may not be a survey of the land depicted heceon. You should not rely upon It for any purpose other than orientation to the general location of the p.aoel or parcels depicted. Rr*t Asnsvkan Title expressly declain,, any IIab&ty for alleged loss or riamage *4slcls n,sy result fines reliance upon this insp. • POR.SHT2 LOT. I '4 _ (4kI .(? .-• N07E: SHI. 1 - — NIoo3'3 ) FOR BRS.VDISTS. ALONG 13 AC. S ,lIN.fil , " ' / POR 6 5.65 AC 4 . ---1 N' - - - — — — — .\I ri... /3•4Z I~: . I3: I /3434O +3 MZ?e.&,b I \\ I . 544-06 7 0 29 . ,•iI :%c' . \\2'39k 0 1< I 'olk . - : I ®AG.PR.(C) In c_ 4.Njk ilf it 30.I3AC. go ce 36 , I . -2.. . ® . . . AG. o P . R. : (c " ) 8 .01 A' 4 'v4915 AC Z SW COR. .: . \ . •4' es N . I :: '/.- .. T;s • l' : .. . • \ , I c. ,: : . I", 8$• g22E N5•4Z•)IW /1 13;1 70 s) 3, . 4_ (j 58Ol .92 . U ;r- 20 SHT.1 SKI 2 1E' 848 —RHO LAS ENC1NITAS — POR LOT I '-, 2 — T 13 — R4W — POR W 1/ - SAN DIEGO COUNTY ASSESSOR'S P OK 255 PG 01 - SHT 2 OF 2 . LS 222, 372 — ROS 6269, 8734 NEQ 0 'I- SHT.2 I / .' • • 4 ' F~ . V20F2 —02 a-a i SHT.2 '1 - • U'. D • (z:-) c . j tVt vy 'UIww, . P. A .• InIq . of kwo v suy of th. l.ød dspk,d hwow You shou4d not "Illy en It f*r 0 any purpo oth.r than to the general ocat,on f tho pCrc& of parcels depkj First Amejc,n 7 82 AC IitIe expressly Jic'.;m any Ilibility . . fof alleged loss dam.gg or whij jy estAt from relianc,upon this map." - LOT7 - isz4 ,4'9•/ 3 - SEC 2 - T13S-P4? - POP S 1 2 [S 222. 372 - POS 6269, 7624 .00 ZSS- of 0-23 , CPHANGE$ OLD j NEW cui 02 3 7714717 4 78 I84JI29 T 0 S City of Carlsbad Planning Department Document Recordation Transmittal To: City Clerk Date: May 13, 1996 From: Christer Westman Via: Assistant Planning Director REQUEST TO PROCESS DOCUMENTS FOR RECORDATION PROJECT ID NO.(S) CT 92-08 PROJECT NAMEGREEN VALLEY TRACT MAP INSTRUCTIONS: Please obtain City Attorney signature on the attached agreement(s) and process for recordation. Recording fees are to be charged to the City in accordance with the standard letter agreement with the Recorder's Office. Please return a copy of the recorded document(s) to this office for our records. SPECIAL INSTRUCTIONS: Attachments: fl Notice of Restriction Other Noise Form #1 CW:bk cc File I S RECORDING REQUESTED BY AND ) WHEN RECORDED RETURN TO ) City Clerk ) City of Carlsbad ) 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 ) ) Space above this line for Recorder's use Parcel No. 216-122-24, 36, 37; 255-011-08, 09, 10, 11, 12; 255-021-05, 06, 07, 08. NOTICE AND WAIVER CONCERNING PROXIMITY OF THE PLANNED OR EXISTING EL CAMINO REAL AND LA COSTA AVENUE TRANSPORTATION CORRIDOR(S) CASE NO: CT 92-08 - GREEN VALLEY TRACT MAP This Notice Concerning Environmental Impacts is made by Carlsbad Partners, LTD. , a(n) Limited Partnership , hereinafter referred to as the Owner", is developer of certain real property situated in the City of Carlsbad, County of San Diego, State of California. RECITALS A. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of vehicles including public and private vehicles which will generate noise and other environmental impacts. Purchaser acknowledges and accepts these existing and future impacts and forever waives any and all causes of action and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. B. The Owner is the developer and/or holder of the title to certain real property in the City of Carlsbad, County of San Diego, California, more fully described as: C. The property is located adjacent to the El Camino Real & La Costa Avenue Transportation Corridor (hereafter described as corridor) on which transportation vehicles such as automobiles, trucks, motorcycles and/or vehicles for rail and transit are proposed to travel. NOISE FORM #1 rev. 3/27/95 0 FORM:1:2of3 NOl D. The property has been developed in compliance with City and State Noise criteria which may include mitigation in the form of setbacks, earthen berms, masonry walls and/or structure upgrades. E. Owner has no control over the operations of the corridor including the types of vehicles, trips and traffic, nor the frequency of the trips. F. It is the desire of Owner to give notice to any potential purchaser of the real property of its proximity to the corridor and the fact that purchases may be subject to the impacts of said proposed transportation corridor. NOW, THEREFORE, in light of the above Recitals, owner does, for itself, and its successors and assigns, give the following notice and makes the following waiver: 1. Owner has and shall develop the property in accordance with a Subdivision Tract/Parcel Map (CT/PM - 92-08) approved by the City of Carlsbad, which approval includes the requirement of the City of Carlsbad, that the development of the property is consistent with the Land Use & Noise Element of the General Plan of the City of Carlsbad. 2. That Owner has no responsibility or control over the operation of the corridor, including without limitation, the types or number of vehicles operating on the corridor. 3. That the vehicle operations on the corridor may create significant impacts affecting the purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the property reside there subject to sight and sound of vehicle operation. 4. The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Notice. This Notice shall run with the property and shall be binding upon all parties having or acquiring any right, title or interest in the property. 5. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of vehicles including public and private vehicles which will generate noise and other environmental impacts. Purchaser acknowledges and accepts these existing and future impacts and forever waives any and all causes of action and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. NOISE FORM #1 rev. 3/27/95 11 I FORM: NOISE 1: 3 Executed this 25th day of April , 1996 *OWNER: Carlsbad Partners, LTD. (name of *Owner) By: (sign here) Allen D. Farris (print name here) (title and organizat of ftnatory) (sign here) (print name here) (title and organization of signatory) (Proper notarial acknowledgment of execution by *OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) Approved as to form: RONALD R. BALL City Attorney NOISE FORM #1 rev. 3/27/95 I 0 ALL-PURPOSE ACKNOWLEDGMENT STATE OF Texas COUNTY OF Dallas before me, Notary Public, personally appeared Allen D. Farris , ] personally known to me - or [ J proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged 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. Th 'cc (Sigatu?of Notary) JO GILMORE COBB - Notary Public, State of Texas Commission Expires My JANUARY 2, 1997. NOISE FORM #1 rev. 3/27/95 . CarIsöd Partners, Ltd. ........................ 111 PeIoni& Airport Read Suite 100 Carlsbad. CA 32009 A GREN C R 0 S S I N 0 S PARTNERSHIP CONSENT AND AUTHORIZATION (Carlsbad Partners, Ltd.) THIS PARTNERSHIP CONSENT AND AUTHORIZATION (Carlsbad Partners, Ltd.) is dated to be effective this 25th day of April, 1996, by TABOR INVESTMENTS CORP., a Delaware corporation ("Tabor"), and R. CARTER PATE, TRUSTEE OF THE NBH LIQUIDATING TRUST (the "NBH Trust"), as the General Partners of Carlsbad Partners, Ltd., a Texas limited partnership ("Carlsbad"). Tabor and NBH Trust hereby authorize Allen D. Farris, as Carlsbad's authorized representative, to execute and deliver the following documents on behalf of Carlsbad: (i) Consent and Election to Annex Real Property to Existing Community Facilities District, Carlsbad Community Facilities District I; (ii) Notice and Waiver Concerning Proximity of the Plan or Existing EL Camino Real and La Costa Avenue Transportation Corridors; and (iii) such other documents necessary to proceed with the planning and development of the property which is the subject of the documents referred to in items (i) and (ii) above. All prior action taken by Allen D. Farris on behalf of Carlsbad is approved and ratified by Tabor and the NBH Trust. TABOR INVESTMENTS CORP. By: ITi1 4 Steven S. Turoff, Pre 'ient R. CARTER PATE, TRUSTEE OF THE NBH LIQt3IDATING TRUST By: R. Carter Pate, Trustee of the NBH Liquidating Trust, and not Individually . RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, California 92008 ) Space above this line for Recorder's use Parcel No. AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this _____ day of 19 by and between Carlsbad Partners, Ltd. (Name of Developer-Owner) a A NE R5 ii l hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is 236k Thanksgiving Tower, 1601 Elm Street, Dallas TX 75201 (Street) (City, State, Zip Code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 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: retail commercial and multi-family residential on said Property, which development carries the proposed name of Green Valley and Form Approved By City Council April 22 1986 Reso. No. 9169 . is hereinafter referred as "Development"; and WHEREAS, Developer filed on the 1,3 day of 4/ov'- 1 923-with the City a request for Master Plan, Master Tentative Map, Local Facilities Management Plan - Zone 23 hereinafter referred 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 at 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. Form Approved By City Council April 4 1986 Reso. No. 969 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 home sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the 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 Tides 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the Form Approved By City Council April 22, 1986 Rm. No. 9169 . . 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 mariners: 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 Form Approved By City Council April 22, 1986 Ro. No. 9169 4 . . apply to the respective successors and assigns 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 Ro. No. 9169 . . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of Pcwfja5,Lfc/. California (name) LIM MARTIN ORENYAK For City Manager By: ,'/i°-Z . 414VñP7 vT c/O4M7/ fl4> 77VI1- r ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: RONALD G. BALL Acting City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) Form Approved By City Council April 22, 1986 Ro. No. 9169 . . ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS This instrument 1992 by T. J. Curnes Partners, Ltd. was acknowledged before me on November 10, as the Development General Partner of Carlsbad -0-jrwl'-~ ,,*iJj.j Notary Public, Staë of Texas Al P Prin, •NotarPUbHC St2te of Texas CommIsSOfl pires 41694 My Commission Expires: ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before 1992 by John G. Rebensd.orf as President of HPI General Partner of Carlsbad Partners, Ltd. me on November 10, Management Company, U & 26I'g:Lj-4 - Notary Public, Statof Texas My Commission Expires: Prinu DONNA STLEY 140taN Puc State of Texas Emres . . EXHIBIT 'A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF •SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 9 AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. TOGETHER WITH THAT PORTION OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, TOGETHER WITH A PORTION OF LOT 1 OF RANCHO LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1888, DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT THE NORTH QUARTER SECTION CORNER OF SAID SECTION ON THE TOWNSHIP LINE AND RUNNING WEST ON SAID LINE, 270.00 FEET TO A STAKE; THENCE SOUTH 6 0 45' EAST, 725.00 FEET TO A STAKE; THENCE SOUTH 66 0 15' WEST, 284.50 FEET TO A STAKE; THENCE SOUTH 20 0 15' EAST, 142.00 FEET TO A STAKE; THENCE SOUTH 32 0 15' EAST, 158.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 66 0 29'20" EAST, 91.00 FEET TO THE WESTERLY LINE OF ROAD SURVEY NO. 682, 60 FEET WIDE, KNOWN AS EL CAMINO REAL; THENCE IN A SOUTHERLY DIRECTION ALONG THE WESTERLY LINE OF SAID ROAD SURVEY NO. 682, TO AN INTERSECTION WITH THE SOUTHERLY LINE OF LOT 6 OF SAID SECTION -2; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT TO AN INTERSECTION WITH A LINE BEARING SOUTH 32 0 15' EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 32 0 15' WEST TO THE TRUE POINT OF BEGINNING. ALSO TOGETHER WITH LOT 4, THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, TOGETHER WITH LOT 3 AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED BY MAGDALENA BELLER TO FREDERICK PRINDLE BY DEED DATED MARCH 13, 1895, RECORDED IN BOOK 237, PAGE 335 OF DEEDS, DESCRIBED AS FOLLOWS: Form Approved By City Council April 22, 1986 Ro. No. 9169 7a . EXHiBIT 'A' LEGAL DESCRIPTION COMMENCING AT THE NORTH QUARTER SECTION CORNER OF SAID SECTION 2 ON THE TOWNSHIP LINE AND RUNNING WEST ON SAID LINE, 270 FEET TO A STAKE; THENCE SOUTH 6 0 45' EAST, 725 FEET TO A STAKE; THENCE SOUTH 66 0 15' WEST, 284-1/2 FEET TO A STAKE; THENCE SOUTH 20 0 15' EAST, 142 FEET TO A STAKE; THENCE SOUTH 32 0 15' EAST, 986 FEET, MORE OR LESS, TO A STAKE INTERSECTION THE NORTH AND SOUTH QUARTER SECTION LINE OF SAID SECTION 2; THENCE NORTH ON SAID, QUARTER SECTION LINE, 1,795 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING. ALSO TOGETHER WITH THAT PORTION OF THE SOUTH HALF OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: BEGINNING AT THE CONCRETE MONUMENT DESIGNATED THE CENTER OF SAID SECTION 2; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH HALF, SOUTH 88°39'20" WEST, 1,259.25 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE ALONG THE WESTERLY LINE THEREOF, SOUTH 4°20 1 10" EAST, 914.20 FEET; THENCE PARALLEL WITH SAID NORTHERLY LINE, NORTH 88°39 1 20" EAST TO THE WESTERLY LINE OF THE LAND DESCRIBED IN PARCEL 67080—B IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED NOVEMBER 28, 1969 AS FILE NO. 217326 OF OFFICIAL RECORDS, BEING A POINT IN THE CENTER LINE OF ROAD SURVEY NO. 682; THENCE IN A NORTHERLY DIRECTION ALONG SAID WESTERLY LINE, TO AND ALONG THE WESTERLY LINE OF THE LAND DESCRIBED IN PARCEL 67080—A OF SAID DEED, TO THE NORTHERLY LINE OF SAID SOUTH HALF OF SECTION 2; THENCE ALONG SAID NORTHERLY LINE, SOUTH 88°39'20" WEST TO THE POINT OF BEGINNING. EXCEPTING THOSE PORTIONS LYING EASTERLY OF THE CENTER LINE OF COUNTY HIGHWAY KNOWN AS ROAD SURVEY NO. 682 AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED FEBRUARY 28, 1950 IN BOOK 3518, PAGE 221 OF OFFICIAL RECORDS. ALSO EXCEPTING ALL THAT PORTION LYING NORTHERLY OF THE CENTER LINE OF THAT CERTAIN 60 FOOT STRIP AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED NOVEMBER 15, 1966 AS FILE NO. 180730 OF OFFICIAL RECORDS, KNOWN AS ROAD SURVEY NO. 1796-66, ON FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY. ALSO EXCEPTING THAT PORTION LYING WITHIN ROAD SURVEY NO. 1800-1, DESCRIBED IN DEED TO COUNTY OF SAN DIEGO, RECORDED FEBRUARY 16, 1970 AS FILE NO. 27777 OF OFFICIAL RECORDS, BEING A STRIP OF LAND 90.00 FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: Form Approved By City Council April 2Z 1986 Ro. No. 9169 7b . . Da-mrr A LEGAL DESCRIPTION BEGINNING AT ENGINEER'S STATION 91 PLUS 44.13 ON THE CENTER LINE OF ROAD SURVEY NO. 458-66, ENCINITAS BOULEVARD, FORMERLY SAN MARCOS ROAD, BEING ALSO ENGINEER'S STATION 122 PLUS 91.60, FORMER ROAD SURVEY NO: 458, PLATS OF SAID SURVEYS BEING FILED IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY, AND BEING THE NORTHERLY TERMINUS OF THE CENTER LINE OF ROAD SURVEY NO. 1802, SAID ENGINEER'S STATION HAVING COORDINATES N EQUALS 321,386.98 AND E EQUALS 1,690,893.61 OF THE CALIFORNIA COORDINATE SYSTEM, GRID ZONE 6; THENCE ALONG BEARINGS AND DISTANCE BASED ON CALIFORNIA COORDINATE SYSTEM, ZONE 6, AS FOLLOWS: NORTH 00 0 06'44" EAST, 547.32 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 2,000.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15039124t1, A DISTANCE OF 546.52 FEET; THENCE TANGENT TO SAID CURVE NORTH 15 0 32 1 40 WEST, 2,691.11 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 3,500.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15 0 58'53", A DISTANCE OF 976.25 FEET; THENCE TANGENT TO SAID CURVE NORTH 0 0 26 1 13" EAST, 1,014.57 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 4,000.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 7 0 53 1 44", A DISTANCE OF 551.21 FEET; THENCE TANGENT TO SAID CURVE NORTH 8 0 19 1 57" EAST, 445.46 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 5,500.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6°41'44", A DISTANCE OF 642.74 FEET; THENCE TANGENT TO SAID CURVE NORTH 1 0 38 1 13" EAST, 603.21 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 9,000.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 5°24,'29", A DISTANCE OF 849.47 FEET; THENCE TANGENT TO SAID CURVE NORTH 3°46'16" WEST, 1,061.58 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE. LEFT, HAVING A RADIUS OF 2,000.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32°31'18" A DISTANCE OF 1,135.22 FEET; THENCE TANGENT TO SAID CURVE NORTH 36 0 17'34" WEST, 292.44 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 2,015.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27°25'21', A DISTANCE OF 964.40 FEET. ALSO EXCEPTING THEREFROM THOSE PORTIONS THEREOF DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, ROAD SURVEY NO. 1800-1, RECORDED NOVEMBER 28, 1969 AS FILE NO. 217326 OF OFFICIAL RECORDS. ALSO EXCEPTING THAT PORTION OF SAID LOT 3 LYING EASTERLY OF THE EASTERLY LINE OF SAID ROAD SURVEY NO. 1800-1. ALSO EXCEPTING THEREFROM THAT PORTION, IF ANY, LYING WITHIN RECORD OF SURVEY MAP NO. 10774, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1986 AS FILE NO. 86-494180 OF OFFICIAL RECORDS. Form Approved By City Council April 2.2, 1986 R.o. No. 9169 7c ENCINITAStUNION SCHOOLDISTRICT Date: e-tt o,./qqt_ BOARD OF TRUSTEES William Carli Mary Jo Nortman Catherine Regan Van Riley H. J. Walker SUPERINTENDENT Donald E. Llndstmm, Ed.D ASSISTANT SUPERINTENDENT! INSTRUCTION Greg Ryan ASSISTANT SUPERINTENDENT! PERSONNEL Kay North RECEIVED o DISTRICT OFFICE 189 Union Street OV 131992 Encinitas, CA92024 State of California (619) 9444300 FAX(619)942-7D94 Department of Real Estate cri OF CA 107 South Broadway, Room 7111 ha D CAPRI SCHOOL Los Angeles, California 90012 941 Capri Road Encinitas, CA 92024 944-4360 Greg Sonken Principal TO WHOM IT MAY CONCERN: O FLORA VISTA In compliance with Assembly Bill 181: 1690-Wandering-Road Encinitas, CA 92024 9444329 Development: Nancy Cunningham, Ed.D. Principal Location: o LA COSTA HEIGHTS 3035 Levanle Street Carlsbad, CA 92009 944-4375 Emily Andrade Principal School Site: /er4y Jwc - OMISSION ESTANCIA /V/ e9I21-1 ,42) a . 3330 Calls Barcelona Carlsbad, CA 92009 943-2004 Grades Served: Kindergarten through Grade 6 Norman Ginsburg Principal Number of Students Generated: O OCEAN KNOLL 910 Melba Road Encinitas, CA92024 Approximate Distance from Project: 944-4351 Raymond O'Toole, Ph.D Principal Busing: es No O PACIFIC VIEW 608 Third Street Encinitas. CA92024 Should you have any additional questions, please 944-4339 contact me at 944-4313. Lorraine Boyle Principal Sincerely, 0 PARK DALE LANE 2O50 Park Dale Lane Encinitas, CA 92024 DONALD B. L4?DSROM, Ed.D. 944-434.4 Bruce DeMitchell SUPER INTE'E/ Principal o PAUL ECKE CENTRAL 185 Union Street Gen Fr Encinitas, CA 92024 944-4323 Jere MclriemeyPh.D. Ma,iIager of Facilities Principal via •CARLSBAD PARTNERS, LTD. 2364 Thanksgiving Tower 1601 Elm Street Dallas, Texas 75201 Tel. (214) 979-9072. Fax (214) 754-9016 November 6, 1992 Mr. Michael Holzmiller, Director City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Subject: Green Valley - Zone 23 Zoning Application RECEIVED NOV 13 1892 CflY OF CAL2JAL PUUC DEPT. Dear Mr. Holzmiller: The attached material comprises a comprehensive development application package for the Green Valley property. In summary, the applications consist of a Master Plan, Local Facilities Management Plan, and Master Tentative Map. The detailed inventory of items we are submitting in conformance with the Carlsbad requirements is shown on the attached list, Exhibit 1. We are pleased to have reached the point where we can bring this project forward to Carlsbad. As you are aware, your staff has been working with us over the past few months as technical analyses and concept plans for the property have been prepared. This has been a very constructive process and we appreciate their comments and direction. We hope that we can work together to facilitate the initial review of our application material and quickly reach a determination that it comprises a complete application. Gary Wood of P&D Technologies will be ready to respond immediately to any questions from your staff. It would also appear that, for this property, the EIR issues are well understood and the scoping and soliciting of proposals for this work can be initiated immediately. Thank you again for the positive effort to date. Very truly yours, Thomas J. Curnes, Development General Partner Carlsbad Partners, Ltd. TJC/tm . S EXHIBIT 1 GREEN VALLEY APPLICATION PACKAGE SUBMITTAL REQUIREMENTS The following applications are being submitted to the City of Carlsbad: 1. Master Plan 2. Master Tentative Map 3. Local Facilities Management Plan 4. Hillside Development Permit 5. Floodplain Special Use Permit In accordance with the City of Carlsbad requirements and staff requests, the material submitted includes the following specific items: 1. Master Plan (four copies) 2. Master Tentative Map (four copies per staff request) 3. Local Facilities Management Plan (four copies) 4. Constraints Map (four copies) 5 Slope Analysis/Slope Profiles (four copies) 6. Preliminary Landscape Plan (four copies) 7. Land Use Review Application 8. Environmental Impact Assessment Form 9. Public Facility Agreement (two copies, one notarized) 10. Disclosure Statement 11. Project Description/Explanation 12. Statement of Agreement to waive TSM time limits 13. Notice of Time Limits on Discretionary Application le . S 14. School Letters San Dieguito High School District (to be submitted) Encinitas Elementary School District 15. Leucadia County Water District Letter 16. Preliminary Title Report (three copies) 17. Reduced Site Plan 18. Location Map 19. Earthwork Certification Letter for Hillside Development Permit 20. Site Photographs 21. Preliminary Study (two copies) 22. Preliminary HEC-2 Study (two copies) 23. Reference Report - Encinitas Creek Drainage 23. Circulation Impact Analysis (two copies - previously submitted) 24. Preliminary Soils Report (to be submitted) ND . . P&D Technologies 401 W 'A" Street Suite 2500 San Diego, CA 92101 FAX 619/234-3022 619/232-4466 Planning Engineering Transportation Environmental Economics Landscape Architecture October 22, 1992 An Employee-Owned Company Mr. Christer Westman, Associate Planner City of Carlsbad 2075 Las Palmas Drive Carlsbad, Ca 92009-1576 Dear Christer: As you are aware, the Green Valley project is moving forward with its application submittal for a Master Plan, a Master Tentative Map, and a Local Facilities Management Plan. We have targeted our submittal to the City of Carlsbad for approximately mid-November. We very much appreciate your discussing with us the processing fees which will be necessary at the time of our application. We have reviewed your published list of fees as of August, 1992, and have calculated the fees as indicated on the attached list. We would like to be able to advise our client that these are the correct submittal fees, and to prepared a check in that amount. Please give me a call to confirm this fee schedule or fax to me a breakdown of correct fees. Thank you for your assistance. Sincerel Gary .Wod, Associat Vice President GBW:jmm cc: Tom Curnes Tom Hagemen fl NO 0 0 . Green Valley, Zone 23 Master Plan, Master Tentative Map, and Local Facifitites Management Plan Fees to be paid to the City of Carlsbad with initial Application: 1. Master Plan(i) $14,690 2. Local Facilities Management Plan 10,000 3. Master Tentative Map 10,500 / 4. Environmental Assessment 220 5. Special Use Permit (Floodplain) 1,150 6. Hillside Development Permit 400 7. Public Facility Fee Agreement 50 $37,010 (1) $10,475 + 281 acres @ $15.00 per acre = $14,690 Calculated for a Master Tentative Map for a major subdivision as $2,500 + $100 (Six lots @ $100 per each lot over five) = $2,600, + non-residential Master Tentative Map as $2,500 + $5,400 (59 acres @ $100 per acre for each non-residential acre over five), = $7,900 Total = $10,500 0 . to LI C tA)4e4 November 10, 1992 City of Carlsbad 2075 Las Palmas Drive Carlsbad, Ca. 92009 Re: Sewer Service Availability for APN 21612224 & 37 and 255-01149 & 10 Applicant: P. & D. Technologies Project Description: 400 family dwelling units and commercial ( Green Valley Subdivision) Gentlemen: The referenced project is located within the boundaries of the Leucadia County Water District, Sewer permits are currently being issued for new connections pursuant to District ordinances. It can be reasonably expected that service will be available concurrent with need. This letter is valid for two years and is transferable to a new owner upon approval of the District, Very truly yours, Leucadia County Water District //,////i W.V. Roehl Administrative Assistant LOIS HUMPHREYS President STEPHEN DEERING Vice President ELAINE SULLIVAN Director JUDY HANSON Director WILLIAM SALTLMAN Director JOAN GEISELHART Manager District Office: 1960 La Costa Avenue, Carlsbad, California 92009 P.O. Box 2397, Leucadia, California 92023-0954 (619) 753-0155 . FAX (619) 753-3094 Printed on recycled paper. 0 0 PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. Applicant Signatur Staff Signature: Date: To be stapled with receipt to application Copy for file :..: CITY OF CARLSBAD 1200 CARLSBAD LAGE DRIVE cARLSBAD,FORNIA 92008 438-5621 REC'D FROM L DATE I'//3/ ACCOUNT NO. 0113 11/ii-1921 DESCRIPTION 0001 01 02 CPR11TAMoIJO00 ThA-c74_ /iizrii _-t/_.iJ MIT _/9P42:$ c/TcML /2c /I)2irr$ tip Z2- RECEIPT NO. 16960 TOTAL . 0 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 Applicant: CARLSBAD PARTNERS LTD Description Amount CT920008 40.50 LJL Vó/ Ov.L 01 02 C-PRMT 40.50 Receipt Number: R0004398 Transaction Date: 06/25/1999 Pay Type Method Description Amount Payment Check 7013 40.50 Transaction Amount: 40.50 0 VICINITY MAP Alga Road 117 C) 0 La Costa Avenue 5 F t I Project \\ l Site I ICall I Barcel0 I: I Leucadja Olivehajn Boulevard Road 0 -c\ SIN Scale: 1"=2500