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HomeMy WebLinkAboutCT 93-01; RANCHO CARILLO VILLAGE J&K; Tentative Map (CT)W CrTY OF CARLSBAD V LAND USE REVIEW APPUCATION FOR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT USE ONLY) O Master Plan 0 General Plan Amendment o Specific Plan 0 Local Coastal Plan Amendment o Precise Development Plan M Site Development Plan M Tentative Tract Map S , Zone Change o Planned Development Permit 0 Conditional Use Permit o Non-Residential Planned Development 0 Hillside Development Permit M Condominium Permit F1 Environmental Impact Assessment rl Special Use Permit 0 Variance F1 Redevelopment Permit rl Planned Industrial Permit C3 Tentative Parcel Map Coastal Development Permit M Administrative Variance Planning Commission Determination 0 List any other applications not scificed (FOR DEPT USE ONLY) 2) LOCATION OF PROJECT: ON THE South SIDE OF Palomar Airport Road (NORTH, SOUTH EAST, WEST)(NAME OF STREET) BETWEEN _____________________ ture MelroseMeirose Dr.l AND future El Fuerte (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: 4) ASSESSOR PARCEL NO(S). r 221-012-09,2227011-05,215-031-05 5) LOCAL FACILITIES 18 6) EXISTING GENERAL PLAN 1 7) PROPOSED GENERAL PLAN I ELM I MANAGEMENT ZONE DESIGNATION DESIGNATION 8) EXISTING ZONING PC 9) PROPOSED ZONING I PC 110) GROSS SITE I 30.2 1 ACREAGE - 11) PROPOSED NUMBER OF 65 12) PROPOSED NUMBER 65 13) TYPE OF SUBDIVISION RES RESIDENTIAL UNITS OF LOTS (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS J 0 15) PROPOSED INDUSTRIAL NA 116) PROPOSED COMMERCIAL [ NA I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE NO . !% J . .5 1'16 AM. - CITY OF CARLSBAD L LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT USE ONLY) (FOR DEPT USE ONLY) El Master Plan El Specific Plan Precise Development Plan Mx Tentative Tract Mapfd1cO ((b) I.. (ok Planned Development Permit M Non-Residential Planned Development El Condominium Permit Special Use Permit Redevelopment Permit Tentative Parcel Map Obtain from Eng. Dept Administrative Variance Administrative Permit - 2nd Dwelling Unit El General Plan Amendment Local Coastal Plan Amendment Site Development Plan El Zone Change El Conditional Use Permit El Hillside Development Permit Environmental Impact Assessment Variance El Planned Industrial Permit El Coastal Development Permit El Planning Commission Determination El List any other applications not specificed 2) LOCATION OF PROJECT: ON THE I South SIDE OF Palomar Airport Rd. (NORTH, SOUTH EAST. WEST) (NAME OF STREET) and is located on both ithe East & Wesit of{ the futur Melrosb Dr. (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: (Par. Sec. 24, T12S, R4W and a Por. Sections 18 and 19, T12S, RN, San Bernadino Meridian and Por. of Cert. of Camp. File/Page 87-385114 in the City of Carlsbad, County of San Diego, State of California. 4 ASSESSOR PARCEL NOS). 1221_009, 222-011-05, 215-031-05 I 5) LOCAL FACILITIES Li 8 6) EXISTING GENERAL PLAN FR LM 7) PROPOSED GENERAL PLAN RLMI MANAGEMENT ZONE DESIGNATION DESIGNATION 8) EXISTING ZONING PC ] 9) PROPOSED ZONING (PC 110) GROSS SITE ACREAGE 11) PROPOSED NUMBER OF 12) PROPOSED NUMBER 13) TYPE OF SUBDIVISION RESIDENTIAL UNITS 181 OF LOTS 18 ,RESIDENTIAL, COMMERCIAL .INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL [ UNITS 15) PROPOSED INDUSTRIAL NA 116) PROPOSED COMMERCIAL NA OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE NOTE: A PROPOSED PROJECT REQtjtlgNO TnATAIULTIPLE APPLICATIONS BE FILM MJStBE SUBMITIEI) PRIOR TO 33 P.M. A PROPOSED PROJECT REQUrPJNG THAT ONLY ONE APPLICATION BE FILED MUST BE SUBM YFED PRIOR PO 4:00- PM MOOO1P S 3Z5Z5% CT( OF CARL5BAD LAND USE REVIEW APPLICATION FOR.• PAGE 2 0F21 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE IS) PROPOSED SEWER USAGE IN EQUn/ALENT DWELLING urrs 203 max) 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC I 2074 ma 20)?ROJECTNAME: Rancho Carrillo Village J & K 21) BRIEF DESCRIPTION OF PROJECT: A Tentative Subdivision Map consisting I of 181 single famU 44. "secondary" affordable units 22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CT? STAFF, PLANNING COMMISSIONERS. DESIGN REVIEW BOARD MEMBERS. OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE SIGNATURE r23)0WNER-/-m 4 24) APPLICANT NAME (PRINT OR TYPE) NAME (PRINT OR TYPE) UDC Homes Inc. Hofman Planning Associates MAILING ADDRESS MAILING ADDRESS 438 Camino Del Rio South, Suite 112B 2386 Faraday Ave., Suite 120 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE San Diego, CA 92108 (619)298-8070 Carlsbad r CA 92008 (619)438-1465 CERTTFY THAT I AM THE LEGAL GWHER I CERTIFY THAT I AM THE CEGAL QwNz REPRESENTATra AND "D THAT ALL. THE ABOVE INFOPHATION THAT ALL THE ABOVE OflCRMA11ON IS TRUE AND CORRECT •tO THE 'S TRUE AND .REC1 TO THE BE,ST CF 3T OF MY KNOW1.EGL v 4OWI SIGNATURE DATE SIGMA DATE 60, *fl.t...*..t.tet*.**fl*tt*t** .....t....t.ttttfl..***.*•**tttt*..tt*tttttt ..t.,.***t.*.t.e.flflt...•t.t**.tt***t*•*t FOR CrTY USE ONLY FEE CDMPLA11ON: APPLICATION TYPE FEE REQUIRED Lfj L 5DP (S 13 65T5 Q DATE STAMP APPLICATION RECEIVED RECEIVED BY: HCTAL FEE REQUIRED DATE FEE PAID /Op C 7C RECEIPT NO. i2 L_ C V Cri-y OF CARLSBAD W LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 1 20 I 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS [65 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC I50 ADT 20) PROJECT NAME: F-77 Carrillo Ranch Village -j 21) BRIEF DESCRIPTION OF PROJECT: f A tentative subdivision map c I of 65 single family lots having a minimum size of 7900 sniinrp 22) IN THE PROCESS OF REVIEWINGTIj1 APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIORS, DS124 REVIEWOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPR'THA4s'pSE SUJE9(OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE SIGNA1ZR 23) OWNER 24) APPLICANT WIN NAME (PRINT OR TYPE) NAME (PRINT OR ME) Realty Dealers Ltd. (UDC Homes) Rick Engineering Company MAILING ADDRESS MAILING ADDRESS 438 Camino Del Rio South, Suite 112-B 1959 Palomar Oaks Way, Suite 200 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE San Diego, CA 92108 (619)298-3514 Carlsbad, CA 92009 (619)431-8200 I CERflF' THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE LEGAL OWNERI REPRESENTATIVE AND AND THAT ALL THE ABOVE INFORMATION THAT ALL THE ABOVE INFOP.MAflON IS TRUE AND O)RRECI TO THE IS TRUE AND CORRECT TO THE BEST OF BEST OF MY KNOWLEDGE. MY KNOWLEDGE. SIGNAT/ DATE (2 FOR CITY USE ONLY FEE COMPUTATION: 11 - APPLICATION TYPE FEE REQUIRED * * * * * ** *** *** * * * * * RECEVW r (c /e45) 71 '75. Ei,4 2OOc) 7FF 5c:QO JM 1 1993 CITY OF CAR rum DATE STAMP APPUCATION RECEIVED RECEIVED BY: TOTAL FEE REQUIRED DATE FEE PAID RECEIPT NO. I I11,3 . 0 PROJECT DESCR I PTION/EXPLANATION PROJECT NAME: Village J & K APPLICANT NAME: Hofman Planning Associates Please describe fully the proposed project. Include any details necessary to adequately explain the scope ar./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. See attachment , R.v, 4/91 Pro1Desc.'tm 404 . . I PROJECT DESCRIPTION UDC Homes Inc. Wage &K This proposed project is known as Village J and Village K in the Rancho Carrillo Master Plan. The Rancho Carrillo Master Plan was approved with an Environmental Impact Report on July 27, 1993. This Master Plan laid the ground work for future development to occur within an area bordered by Palomar Airport Road to the north, the eastern city limits for the City of Carlsbad on the east, LFMP Zone 6 to the south, and LFMP Zone 17 to the west. Villages J & K are two of 20 Villages within the Rancho Carrillo Master Plan. Villages J & K are located south of Palomar Airport Road and on both the east and west sides of the future Melrose Avenue extension. The Rancho Carrillo Master Plan shows that the General Plan land use designation is RLM for Villages J & K and allows for a maximum of 181 dwelling units. However, this project proposes the development of 181 single family detaches homes with 44 of the homes containing an attached second ("granny flat") affordable unit. UDC Homes is the owner and developer for Villages E, J and K. All of these Villages are being processed concurrently. This concurrent processing allows UDC the opportunity to demonstrate how they will meet the requirements of the Inclusionary Housing Ordinance by providing affordable housing through these three Villages. Village E will provide six units for affordable housing. All six units will contain three bedrooms. By providing six three bedroom affordable units, Village E will meet the required number of three bedroom affordable units for all of Villages E, J and K. The remaining affordable units required for Villages E, J and K will be scattered throughout Villages I and K as attached second affordable units. The design of the second units can be found in the architecture provided for Villages I and K. Villages I and K are requesting the approval of design guidelines in-lieu of providing architecture at this time. The architecture will be in compliance with the Rancho Carrillo Architectural Design Guidelines and will be provided at a future date for required Planning Commission review. As indicated previously, an EIR was prepared for the Rancho Carrillo Master Plan. This EW addressed the impacts created by the proposed development of the Rancho Carrillo Master Plan and included mitigation measures to reduce the impacts caused by development to an acceptable level. This EIR was used as supporting documentation for the explanations provided in the Environmental Impact Assessment that accompanies this application. . I Hofman Planning As s o c i a t e s Planning Project Management Fiscal Analysis September 29, 1995 Brian Hunter Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009 SUBJECT: Rancho Carrillo; Submittal of Villages J and K Dear Brian: This letter accompanies the revision of the Village J Tentative Map with the addition of Village K for the processing of a Tentative Tract Map, Planned Unit Development Permit, and Site Development Plan for the development of a total of 181 single family detached homes. Villages J and K are located south of Palomar Airport Road and are separated by the future Melrose Avenue extension; Village J is on the west side and Village K is on the east side of the future extension. Village J will be developed with 65 market rate units and up to 15 second units. Village K will be developed with 116 market rate units and up to 29 second units. These villages are being processed as one tentative map since both will be developed with the same product type. Please feel free to call me if you have any questions regarding the submittal. Sincerely, Mike Howes cc Dennis Ferdig a 2386 Faraday Avenue • Suite 120 • Carlsbad • CA 92008 • (619) 438-1465 • Fax: (619) 438-2443 . . PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Acp 61Z C C't'It'&' 7 APPLICANT NAME: O C- 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. $ 1cc RECEIVED JAN 151993 PLA DEPT. Rev. 4191 ProjO.sc.frtfl I / UDC HOMES, INC. December 23, 1992 Messrs. Lloyd Hubbs, Michael Holzmiller, Brian Hunter, Bob Wojcik City of Carlsbad Planning and Engineering Departments Dear Gentlemen: Please find the material which accompanies this letter. As you know, we are very anxious to come to market with new neighborhoods at Carrillo Ranch. In pursuit of that goal, we submit for your review the proposed tentative map at Village J. Understand that timely approval of the final map requires that we submit for tentative map approval at this time. We understand that approval of the tentative map cannot be given until, among other items, the master plan amendment and environmental impact report are approved. As you know, there are still issues to be resolved concerning City's policy on review and approval of vesting tentative maps. Over the course of the last year there has been much discussion, yet many issues remain unresolved. With that in mind we reserve the option of revising our application to vesting tentative map status at the time City's requirements are revised. Please feel free to call me for discussion as appropriate. Res Y Z 7 Glenn M. Rick, Land Development Manager 438 Camino del Rio South, Suite 112B • San Diego, California 92108 (619) 298-8070 . (619) 298-3514 FAX . I VILLAGE J 1. Village J is located south of Melrose Avenue, north of Carrillo Way, with the project boundary as its western edge and Open Space Area 2 along its northern boundary. Village J has a gross area of 29.4 acres and a net developable area of 23.5 acres. - 2. Use Allocation General Plan Land Use RM (4-8 du/ac) - Growth Management allows 141 units. 3. Product Type Single Family Development 4. Special Design Criteria All community-wide design standards described in the Community Development Standards section of this Master Plan shall be implemented in this planning area. The following specific guidelines shall be included in this planning area: S Whenever possible units should be designed to take advantage of the views overlooking Rancho Carrillo Park to the south. S Sound walls shall be used to mitigate noise from Melrose Avenue and Carrillo Way where necessary. S All units shall maintain a 50 foot setback from the Melrose Avenue Right- of-Way and a 40 setback from the Carrillo Way Right-of-Way. S Village J will take access from an expanded single point off of Carrillo Way. S Lots with side loaded garages shall have a minimum setback of 10' from the right-of-way. S An Open Space Easement shall be placed on manufactured slope areas adjacent to roadways. Slopes within residential lots shall be maintained in common and free of property line fences. 127 0 . City of Carlsbad t i.iii at. - ij . y"Mmars DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD. COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: Aopllcant JAN 1 5 1993 List the names and addresses of all persons having a cmt' OF CA Realty _Dealers _Ltd. 438 Camino Del Rio South, Suite 112 -B San _Diego, _CA_92108 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. Realty Dealers Ltd. 438 Camino Del Rio South, Suite 112 -B San Diego, CA 92108 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. Realty Dealers Ltd. general partner is UDC Advisory Service Inc. 438 Camino Del Rio South, Suite 112-B San Diego, CA 92108 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. FRM00013 8/90 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 I (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 _L If yes, please indicateperson(s) Person is defined as: Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as a unit.' C (NOTE: Attach additional pages as necessary.) Signature of Owner/) - Signiture of applicant/date Realty Dealers Ltd. Realty Dealers Ltd. Print or type name of owner Print or type name of applicant FRM00013 8/90 Ar _4 • City of Carlsbad DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: 1 Applicant List the names and addresses of all persons having a financial interest in the application. Hofman Planning Associates 2386 Faraday Ave., Suite 120 Carlsbad, CA 92008 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. UDC Homes Inc. 438 Camino Del Rio South,, Suite 112T San Diego, CA 92108 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. N/A 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 FRM0007 4/91 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 674 (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 x If yes, please indicate person(s)___________________________________________ Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as a unit' (NOTE: Attach additional pages as necessary.) Pat McCardle 6, -!?) - Signature of Owner/date Signature of'appIicant/date Bill Hofman Print or type name of owner Print or type name of applicant FRM0007 4/91 I -' 71 OPLICATION REQUIREMENTS FOR TENTATIVE TRACT MAPS (AND REVISIONS) TENTATIVE PARCEL MAPS CONDOMINIUM PERMITS PLANNED DEVELOPMENT PERMITS (FOR RESIDENTIAL PROJECTS ONLY) sheet(s) and folded into 8 1/2 x 11" size. !1fij of the tentative tract map/condominium site plan shall be submitted bythe ..licant upon request of the project planner prior to project approval. Each tentative map shall contain the following information: I. GENERAL INFORMATION: El A. Name and address of owner whose property is proposed to be subdivided and the name and address of the subdivider; O B. Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps; O C. North arrow; RECEIVED 0 D. Scale; vicinity map; JAN 151993 O E. Date of preparation/revisions; CTY OF CMLA) PL 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 0 a U . K. Name !chool District providing service to theject. L. * Proposed density in lots or dwelling units per acre. M. Existing Zone and General Plan Designation. N. Site acreage. SITE INFORMATION: A. General 1) Approximate location of existing and proposed building and permanent structures; 2) Location of all major vegetation, showing size and type; 3) Location of railroads; 4) Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data); 5) Lot lines and approximate dimensions and number of each lot; 6) Lot area for each proposed lot. 7) Setback dimensions for the required front, rear and side yard setbacks for all structures; 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. 9) Show site details for all recreation lots or areas (when applicable). • 10) Total building coverage for lots with proposed structures. B. Streets and Utilities 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) 2) Name, location and width of existing adjacent streets and alleys. V a a FRM003 10/92 Page 2 of 8 O 3) tical street section for all adjacent stA and streets within the project. O 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. 0 10) Show all fire hydrants located within 300 feet of the site. C. Grading and Drainage O 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. 0 2) Earthwork volumes: cut, fill, import and export. 0 3) Spot elevations at the corners of each pad. 0 4) Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 0 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. 0 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 an4ieons. FRM003 10/92 Page 3 of 8 .Z . , One (1) copy o0f 8 1/2" X 11" location map (suggested sc!200" - vicinity maps on the site plan are not acceptable). 4. 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. O 5. Public Facility Agreement: Two (2) copies: One (1) notarized original and one(1) reproduced copy. (Separate fee required). 01Z6. 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 EQUA!.17JI) 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 Mai, (300 foot radius for Tentative Parcel Mans) 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. O 9. 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 / El' 10. Three (3) copies of the Preliminary Title Report (current within the last six (6) months). O /c 11. Proof of availability of sewer if located in the Leucadia County Water District or the Vallecitos Water District. O ' 12' District letter indicating that school facilities will be available to the project. O 13. Colored Site Plan and Elevation Plan (Not required with first submittal and not required for tentative parcel maps). it is the Applicants 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. O > 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 0 (13) BiologiHabitats. Indicate the location of coast!ae scrub and chaparral plant communities existing on the site O (14) Beaches O (15) Permanent bodies of water O (16) Wetlands 0 (17) Land subject to major power transmission easements 0 (18) Railroad track beds. O 416. All projects must evaluate their potential impacts on the regional transportation system, including the costs of mitigating the associated impacts, as required by the V SANDAG Congestion Management Program (CMP). For projects with an average daily traffic (ADT) generation rate greater than 500 vehicles per day 2r 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 O t717. Noise Study cotent with the Planning Department A istrative 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. 1:10`19. For all condominium conversions, a signed statement by the owner stating Section 66427.1 of the State Map Act will be complied with. 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. D gV1-21. For all condominium conversions, one copy of a compliance inspection performed by the Building Department. (Separate fee required.) L1y22. 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 Fifreea (15) copies of the landscape plans shall be submitted by the applicant upon requestiihe project 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. O 11/k 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 fifteen (1 opiea of the building elevations and floor plans shall be submitted by t&ipplican .t uponrequest 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 buil•gs, structures, walls and/or fences, signd 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. 0 Wr24. 25. 0 JY26. D- 27. aZ2 8. [/29. 0 30. SUBMIT ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY IF APPLICABLE (SEE COUNCIL POLICY NO. 44 FOR THE DEVELOPMENT OF SMALL LOTS, AS ATTACHED.) Photographs of the property taken from the north, south, east and west. Construction materials board and color samples (i.e., roofing, exterior walls, pavement, glass, wood etc.) 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. Signed "Notice of Time Limits on Discretionary Applications". Completed "Project Description/Explanation" sheet. Deposit for Publication Notices - See Fee Schedule for amount. FRM003 10/92 Page 8 of 8 . . Carlsbad 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 Prim) 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 anc 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 oraanizatior% or as trustee or beneficar of the trust. FRM13 4/91 ' Page lof2 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 43.8-1161 . . (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, 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.) Signature of Owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant FRM 13 4/91 Page 2 of 2 0 . . 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 CITY 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 for 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 POOR QUALITY ORIGINAL (S) . I POLICY NO. 20 EFFECTIVE DATE: 9 1 5/89 PLANNING DEPARTMENT ACMIN[STR.ATIVE POLICY -:vEHNG .:inirative Policy No. 11 made the standard provision for rion-c:-oac :- soaces to have a minimal paved area of 8-1/2' x 17-1/2' with 2-/2' o,'r"a aacent landscaped area. The widespread application of this ooHcj ras a general deterioration of landscaped setback areas in os proec:s. ..; -slt. the following policy shall be applied: 1.'lo parking overhang will be allowed into any required setback area. 2. Parking overnang will be allowed only in special, specific stuations as -evewed 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. S di n i strati ye Policy reoeal s dmi n i strati ye Policy No. 11. "PROVED S EN A, RON. 1. .0. C-.. ~ - t-f- — MICHAEL 3. HOLZMILL Planning Director MJH:ENM/lh U 'S.... •5:••• . E acctiv . c Date 3 - PL\NN[NQ DEPARTMENT ADMlN[SyR\T1VE POLICY [F rrio N S \J . ln, • A sc.J W.iiL • A v.iti Jescd to resist the latera dispiaernen: .SL.3LS. ),iid materials tcina subscntiaLlv equal 10 the height of the T -.e ..:i: n Sction 2i -46 1() ef hc Zone Code and other applicable scLtons .t c sr'.aU be intcrrrctcd a mean retaining '.'.alls in addition to solid fences. 45 iv • An nrcn tcncc noi. to c'cccd 36" in hcht. The said rcr.in.s bcn i ihitcmidl.s cc hich the fcnce is constructcd must not rcprcccnt less man ) '-C r~:elt of the total surface of each five toot linear section '-'.hen 'cprUicutar to the lace of the fence. ftc total height ci all '.alls, fences, retaining walls, and combinatcn tcnce.rctalnlnz alis in a rc'uired setback shall not excccd the following limits: A. In a rcquircd [runt ,Ird setback. the total height shall not cccJ - Example • To 4 inch retaining walls would not be permitted nor a retaining wail and another 42 inch fcnce. B. In .i rctiuired sidc and rcir yard setback, the total heichi shill not cwccd 6 feet. ( ExampLe • A 4 ft. retaining wall and a 5 ft. fence wouid not be permitted because the total excccds 6 Ct). C. Upon approval of the Planning Director. the total height shall not e xcecd 6 feet in a rcquircd 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). D. A 36 inch safety railing is rcquircd on top of all retaining waLls that exceed a hcight of 3 feet. The maximum height of the railing shall he 36 inches and must confurin to the definition of a safety railing. A.PPROVED BY: • ____________ MICHAEL I Planning Director JG:at S . Policy No.: 23 Effective Date: 6/26, 90 PLANN[NG 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 7,300 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 I'MOUM(LLER Planning Director BH:kd Pol.23 S POLICY tie 24 EFFECTIVE DATE: 3i24/3Q PLANNING DE PARTXZNT ADMINISTRATIVE POLICY DRIVEWAY DEFINITION he fclLcwig administrative policy shall become effectiie Lediately. However, it shall only apply to applications deemed ccnplete on or after the effective date. Additionally, it shall apply to previously approved projects that seek an amendment if t.-e application for said amendment is deemed complete on or following ne 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 not 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 moz* 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. k*UMILLER Planning Director art General Subject: SMALL LOT SINGLE FAMILY HOMES Specific Subject: ESTABLISHING GUIDELINES FOR THE DEVELOPMENT OF SMALL LOTS Date Issued E ffective Date - - Cancellation Date SUDersedes4o. C, OF CAP..33A0 COUNCIL POLICY STATE.'tENT copies to: City Council, City Manager, City Attorney, Department and Division Heads, Erployee Bulletin Boards, Press, File 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 rows' 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 lower than the root 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 where 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 guldells the single story edge shall be a minimum depth of three feet (3'). The units qua" 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 taut 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 walls, 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. Co CT CARLSBAD icy No. -- COUNCIL POLICy STATEMENT 2e i s su e d General Subject: Eff ective Date LD 1 .) Specific Subject: noellation Date persedes No. Copies to: City Cuncil, City Manager, City Attorney, Department and sion Heads, Employee Bulletin Boards, press, File 5. Pear 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. 6. 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 door 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 projected a minimum of 7 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 street Notes: a) For the purpose of these 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 FOWa shall include curves and shall terminate at a 90 degree street Intersection. . . GRAPHIC ILLUSTRATIONS STREET SCENE/ALL TWO STORIES STREET SCENE/WITHIN DESIGN GUIDELINES Gil 1DELI__ It, 15i Aow II STANDARD 2-STORY BOX 3 FEET MINIMUM SINGLE STORY ELEMENT . f pr GUI1WIJNE e) 3 IL!I!IIIIg LOT WIDTH LOT WIDTH 45 FEET OR LESS GREATER THAN 45 FEET trUl.EL'f"C '47 . . 7 FEET AVERAGE A T UM ~jl J 6 .. ---.---.--.----'--.-----.----------.. 2 DOOR 3 DOOR 2 DOOR, OFFSET TTI I] . ROOF LINE VARIATION ID] JNE ft p ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY PD88.4&8O(A) 8/11189 PRODUCT i PRODZJCT vtooucr 3 PRODUCT 3CDUCT S MIN1'JM VILLAGES VILLAGES VLL.AGES ?ILLACS GUIDEL111E sTh:DAPD M, if, O Q.F N.K.I.0 ).E.F - WHERE (I) 1.O-STORY UNITS OCCUR :xct:t:c i:'ti s'or. :iI FO'_'? IN A ROW Alto THEY ARE SITUATED Cr FIVE ppotcrs. 'occ LESS THAN 15 FEET APART, AT 1 OF 3 1 OF 3 2 OF 3 2 OF 3 2 OF 4 3 OF 3 COMPLIES 'IiIt STl:DAjWS. LEAST (1) WIlT MUST HAVE A SINGLE STORY BUILDING EDGE NOT LESS THAN 10 FEET IN DEPTH. WHERE ) TWO-STORY UNITS OCCUR ALL PRODUCT,; WERE DESIGNED TO COMPL' III A ROW MID THEY ARE SITUATED ITIi GUIDELINE 1. IN THAT THE o;i STORY ELEMrIT !ti PRODUCTS ONE THROUGh 15 TO 20 FEET APART. AT LEAST 1 OF 3 NA NA NA NA NA (1) UNIT MUST HAVE A SINGLE FVE HAS A HIISIIIUI4 DEPTH OF 10 FEET STORY BUILDING EDGE HOT LESS "EY ALSO COMPLY WITH GUIP!LIIIE 2. THAN 5 FEET IN DEPTH. 3. PER PROJECT, 33% 01 ALL UNITS :>:cnitic tiuiruti STAID;,2D "I ALL SHALL HAVE A SINGLE STORY EDGE -. FIVE PRODUCTS. A MINIMUM OF 40% 01 THE TOTAL 33% 35% 45% 100% 45% 45% PERIMETER. 4. PER PROJECT. 50% OF ALL UNITS WITH UXCEEDIIIG MINIMUM ST,IiDAPi) IN ALL A LOT FRONTAGE GREATER THAN 415 50/ 85% oIo 031° IUU/o 70/ ivu PRODUCTS. FEET MUST HAVE (4) SEPARATE BUILDING PLANES ON THE FRONT ELEVATION. 5. 5. PER PROJECT, 50% OF ALL UNITS WITH I XCI ED!UC MIIIIIU :.:Aur'.\i'D III ALL A LOT FRONTAGE GREATER Tit"45 85% 85% 100% M PltooUcr. FEET MUST HAVE (4) SEPARATE 50% 85% 70% BUILDING pL,jIE5 ON THE STREET SIDE ELEVATION. 0 S 6. PER PROJECT, 50% OF ALL UNITS SHALL i.XCLF.DIIIG MIIIIMIJII SAtIThI'fl :u ALL HAVE ONE SIDE ELEVATION WITH A 7 FEET SETOACK. AVERAGE SIDEYARD 50% 100% 85% . 100% 100% 100% FIvE PROIIIJCTS. 7. THREE-CAR GARAGES LIMITED TO 751 or THE AVIP;:l mT siil: :H ALL !!VE. THE TOTAL UNITS WHERE AVERAGE LOT i't'J(I F F' .'.:.i.ty; 1 : 11111! rHJ:' SIZE IS 5,000 SF OF LESS. 75% 100% 100% 100% 100% 100% ..ouo SI urr U IN ';ImiI:I,::m THREE-CAR GARAGES SHALL INCORPORATE n I:i',:I"" I I ui" I,! , IS 1:)[, A MIXTURE OF 2 DOOR, 01 1)0011, AND 0 '55 I'!.II .ou i'u.', v '. :1.1. F!')!: OFFSET 2 DOOR DESIGNS. . :"'i,:i.':PLY ............'; (:::;m) I•• 8. 50% OF EXTF'IOP 1)0011 ?,Hr) WtIiI)UW N .... ti'. IN OPEH I i:G; S \ I.L lIE PROJECTED OR ; "IhlIttlIM OF 2 1 mIcili 50' 100 01() 1001111 100% 1 OO'?5u 1001 1— 0 0 . ,trc T -r .1,.: / 'nit, •: . S , .' . . ..l • '. 'ltl • dptl subst•n:;aily • . ..................1 . , .Ln.,,t -.0 the st l.. . .i..r . ...Vd -•:JpS (0O$ 3 LI5 t.tOI VS1SUt) 'II .1.1f1 lii ..........I 'I .1* 'II • U 0In0l,.,l7.Tl 1.1. or-: :.I. 0111 V1N1,UH .5 .1 I'l1 ' •)l1Il 1.1.1 I' II U.IMt.iU UU SISLL: .-FlOrlit J.104 .11 I 'lS.' .111 'I II all.. 1111 1.1 & t.LUflL (CM'I.I l,N(L 1 PLAN I (151 MIX) -- .-- PLAN 3 (30% MIX) - - 5 PLAN 4 (35% MIX) PLAN 2 (20% NIX) i-- - TYPICAL BUILDING ELEVATIONS 10 FTMI" PLAN PLAN 2 STREET PROFILE MINIMUM CRITERIA COMPLIANCE 1 STORY ELEMENT uo / P VILLAGES M,N,O Ell ii - \..... '... . . Y'..._ .. -..L"... - PLAN 1 (151 MIX) PLAN 2 (203 ;iIX) TYPICIL BUILDING ELEVATIONS iLi L I.. \ • '. . L ••— / LLL.UMU I U(uj L: —a- • : K . •'..: ;A.•:...: '.:. -. , 0 SC.. . of • . u:e: .1;t & :.. or ,o'r::n,i ta malta • '. , . .....- shaI fl substant s t oUt! "Sn I?. tOO a . rlc.nt to tt. unat (th: a. itat • .alto1,. Sa I •a I '. ad t1ie tooI o S sa:.qc-stahIy 555e,.tl iO.t tLa.iOSt aI a sl:o,t. An is r •.' I iii Pit.., I liii RtL(. DEUfl5?.Tfm ilL i.L1ILTY at, .at,• Il,:a. lio,it. . mrS ..iltL II IOIULLS:i,. ome ,I:,l,t,tn liii,, Sat a, at iat.. i a LLUa.T&.STLU 01 STaLE? .Il0I 11.1: Iltoat Till I lint. •. II will. AL? :11.1 atCUAL (OMPI.I Nl C 10 i".1:itil. •• PLAN 3 (30% MIX) ('LAN 4 (351 UX) .10 FT. MIII. 1 STORY ELEMENT PLAN r(o VILLAGES Q,P STREET PROFILE MINIMUM CRITERIA COMPLIANCE 1 U1 ______ .' 1•' • "'1:.•. 10 FT.T'!I. 1111113111 PLAN 1 (151 MIX) PLAN 2 (20% MIX) TYPICAL-BUILDING ELEVATIONS - -.5 - — 1 . -_ :t,. tO C S. I . itu,l I.. : •. •.•.. I a.t ,, e .,: tt. S . lilt I SI all 'Sale s ti..;: - ... I.'' • .•.Iqe u .t'. a dept TI •TI. 0(11.: UTIltS. Te ':O c:i:e :'iq . a: r'p!c slut, t1st.Sl%: a:al I TI. St.t,staat tallj 0-let t • . fl..I Iii'I'Ii.It.i - t Cl. SOda I I tIiti-t. LOO$ C1Iç to • SIiqIssto, .l.b.I,U. (1,111 I 01.10:1 I II, T\TlI Ii. ,i'lU 1,1 I'S I I .1 I '0 Ii' 1 I . ',IIi),m CI LOW (IEIOKSTPfttL S III .tIIILI 15 TO V;' . 'III. I-lilt,,, ,I I ISIS I',HtL WIlSI GJlOLI.lI;I. I 1.111 OIIIISSIJIS 1110 MI ft 1,011.111 . S IISSS?• INCh 5) (ii STN(I t I 11111111 C SILOO ..... * lilal. 1.11*. I II Oil I. 115111 (1 t.L:UP.L CO$P5 1ft111E 10 F. KIN -51 Z PLAN 3 (301 MIX) PLAN 4 (351 MIX) -ii ;j:.LJLj L I I[)' '...\•I i• •..' 1 STORY ELEMENT 0 FT4 KIN. AN PLAN 2 FPLAN STREET PROFILE MINIMUM CRITERIA COMPLIANCE 1-4 I '40. -., I STORY ELEMENT ________ VILLAGES HG Li S • S. -r' p - STREET PROFILE MINIMUM CRITERIA COMPLIANCE TL jjW VILLAGES B,K,11C Ll LEMENT L:hJjLlL) L'L:/LL LiJ 1 ( : h depth of •r.ht to ti. UnL (:s : o :t.mI'1 0 pCLo... I .h.d-jpS tools efliroj to e!.3.,It). I: I'JA IS ACIC .PI IT SC "IIPICt I ,ICCW1 IFLOW ut :y To PI,- iI.uu c : 'lIPLIANCt WITN GUIDELINE I CIF. MICH9CI1 (N1 I N P. CCCII. CAlls I LLUTKAT(O ON .TNttT i !C&LOW :-ir , :NAL irt i o 111L plrtrcr acrual. 10 f 1111*. i1[ I L4H PLAN 3 (30% MIX) PLAN 4 (351 MIX) I PLAN 1 (15% MIX) PLAN 2 (20% MIX) TYPICAL BUILDING ELEVATIONS 2LN1-(101M1X) PLAN 2 (15% MIX) '0 F -'i hilt. MAN,,,_ a. - -. ... ... - -- j _ ZAAM, CC D EM 4_LEikL :n project. wier. rers •:e : a. 2 :- a ro .tu.t5J In, ten 3 feet •25:t. a: seat one 0t.t?-ue u-tILl .h.1 -so, a •Inl. story nLl:nq .d.2. uIt2t C C.ptl. of not I... -n .1 to st ed)ec.nt to one or U.. otlsr roor cov.r:.J tP. •Lnrjl• .to:y •l.osnt Shalt 0s .ubst.ttlsUj roust :t.n tt toot of t5S 2 Story •l...nt to U,. u:t 4th_s .e ot .r:.r.d to p:.clod. long .t.O-type, roofs te to a e etory sL.D.ntp. (OIICLUSIOtI LL(ValIOS At.0 StSCrT SCENE £OtlL( SHOWN 5(40W •CII0WSTPATLS tot RILUT to L0T Tills rSooucT I" (OWPLIANCC WITS GUICILIUL ONE NlNl' (IIYLNIC COPLItNCt I ILLUSIPATCS ON ST.tit paorllt 510' lulL tIllHL IITC rIHI. WILL SLVLLCT ACTUAL COMFLIANC( P.LAN3 (20% MIX) - PLAN 4 (25% MIX) PLAN 5 (30 MIX) TYPICAL- BUILDING ELEVATIONS '- I STORY ELEMENT .1 S'ORY ELL:MLIIT 1 STORY .ELEMENT )O IT 1TIi PLAN 4 VILLAGES D,[,F STREET PROFILE ! L MINIMUM CRITERIA COMPLIANCL t , il ITR - I''- r- 1 ftT1JE\ I\k "1 i A •,e S .I...I ................ _fl o el.:.. f,.! ._,:_ ••.. •..: I 33* LI LL0. IUU 'II I 3•..0I TIlE 10L5 PL53S I CS eu ix .•poi:u. . :1 c. .ry is !.I::CL(-StOY cp!uI.riJS ,.tx.. MIX. C,IECOC. xxCCLUIiIi. ---.---------..—, 1 STORY ELE:ENT- PLAN 1 (15% MIX) PLAN 2 (201 MIX) TOTAL PERIMETER = 217 FT. TOTAL PE RIMETER = 163 FT ONE STORY = 217 FT. (100%) ONE STORY = 94 FT. (51%) L pH Z4/ ILHKWM~ PLA: 3 (30% MIX ) TOTAL ?::ETE = 202 FT ONE STORY = 56 FT. 29%) PLAN 4 (351 MIX) TOTAL ?EKIMETE3 = 190 FT. ONE STORY = 73 FT. (38k) ,\i—\ —---— VILLAGES M,N,O SINGLE STORY BUILDING PERIMETER L')Ai; ii — — j ,\\ - Lg4.3a -. ... -. .. . ...t. ZIA i II PLAN 1 (15% MIX) PLAN 2 (201 MIX) TOtAL. PERIMETER = 215 FT. TOTAL PERIMETER = 191 FT. 1 STORY 215 FT. (1001) 1 STORY = 49 FT. (241) PLAN 4. (35% MIX) TOTAL PERIMETER = 211 FT. 1 STORY = 65 FT. (311) I-. ) all. ION •s. ''i'." I'll' I:M.I,A.1. 1111.. III S1C SOUl PLIMI 554 tillS 51'O* ........I 1141 sHv;,4, I •IlIlINI'1 511GL-S0P1 tEpirl iH i'll .0 II ..'l9 ID. 4.5 III 104L Ill. :lEli osr. txt I LUIISI. III III II 1 STORY Z:LL:i'::IT - I I 7/T/7Z1t4 PLAN 3 (30% 11X) TOTAL ?ERIrIETER = 206 FT. 1 STORY = 112 FT. (541) I y(Yj VILLAGES Q,P SINGLE STORY. BUILDING PERIMETER _ :;A ML1 I ORDER NO. 1023153-11 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 NOVEMBER 2, 1992 UDC HOMES 438 CMAINO DEL RIO SOUTH #112-B SAN DIEGO, CA. ECEVD ATTN: DEBBIE PIEMONTE AN t 51993 YOUR REF: CARLSBAD PROPERTY OUR ORDER NO. 1023153-11 CITY OF CARWBA-0 PILANNINO DEPT. 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 HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. TKUY ARE AVAILABLE FROM THE OFFICE WHICH ISsu1L, THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISsuiw 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 RQUESTED. DATED AS OF OCTOBER 29, 1992 AT 7:30 A) / ROY PROVENE/BJW -' TrTLE OFFICER - DIRECT DIAL PHONE 231-4652 PAGE 1 . \ •: ' I . ORDER NO. 1023153-11 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: REALTY DEALERS, LTD., AN ILLINOIS 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. 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. 3. 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. 4. RIGHTS OF THE PUBLIC IN AND TO ANY PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN ROADS, STREETS OR HIGHWAYS. PAGE 2 ORDER NO. 1023153-11 5. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NO. 757 ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED OCTOBER 2, 1940 IN BOOK 1068, PAGE 496 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. 6. AN EASEMENT FOR SEWER LINE AND APPURTENANCES AND INCIDENTAL PURPOSES IN FAVOR OF SAN MARCOS COUNTY WATER DISTRICT, RECORDED OCTOBER 1, 1968 AS FILE NO. 170268 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: AFFECTS A STRIP OF LAND 20.00 FEET WIDE IN THE EAST HALF OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, THE CENTER LINE OF SAID 20.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SAID SECTIONS 19 AND 24 WHICH IS DISTANT THEREON NORTH 0 0 03'05" WEST 551.11 FEET FROM THE QUARTER CORNER COMMON TO SAID SECTION 19 AND 24, BEING POINT "A" OF THIS DESCRIPTION; THENCE SOUTH 72 0 32'47" WEST 144.96 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE 81.62 FEET THROUGH AN ANGLE OF 9 0 21 1 11" TO A POINT ON SAID EASTERLY LINE OF RANCHO AGUA HEDIONDA, DISTANT NORTH 2 0 38'lO" WEST 690.82 FEET FROM CORNER NO. 5 OF SAID RANCHO, BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING EASTERLY TO SAID POINT "A"; THENCE NORTH 72 0 32 1 47" EAST 425.99 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 138.00 FEET THROUGH AN ANGLE OF 15 0 48'48"; THENCE TANGENT TO SAID CURVE NORTH 56 0 43 1 59" EAST 48.56 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE 1 CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 134.26 FEET THROUGH AN ANGLE OF 38 0 27'41"; THENCE TANGENT TO SAID CURVE SOUTH 84 0 48'20" EAST 381.08 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 236.89 FEET THROUGH AN ANGLE OF 67 0 51'51"; THENCE TANGENT TO SAID CURVE NORTH 27 0 19 1 49" EAST 70.07 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 123.96 FEET THROUGH AN ANGLE OF 28 0 24 1 31"; THENCE TANGENT TO SAID CURVE NORTH 55 0 44 1 20" EAST 53.12 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 100 • 41 FEET THROUGH AN ANGLE OF 140231; THENCE TANGENT TO SAID CURVE NORTH 41 021 1 20" EAST 40.78 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE PAGE 3 A M L R , I ORDER NO. 1023153-11 NORTHEASTERLY ALONG SAID CURVE 253.62 FEET THROUGH AN ANGLE OF 36 0 19 1 42"; THENCE TANGENT TO SAID CURVE 77 0 41'02" EAST 606.59 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 43.21 FEET THROUGH AN ANGLE OF 9°54 1 13"; THENCE TANGENT TO SAID CURVE NORTH 87 0 35 1 15" EAST 387.03 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 84.60 FEET THROUGH AN ANGLE OF 19 0 23 1 20"; THENCE TANGENT TO SAID CURVE NORTH 68 0 11'55" EAST 205.33 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 95.13 FEET THROUGH AN ANGLE OF 21 0 48 1 05"; THENCE TANGENT TO SAID CURVE, EAST 102.42 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 107.19 FEET THROUGH AN ANGLE OF 24 0 34'02"; THENCE TANGENT TO SAID CURVE SOUTH 65 0 25 1 58" EAST 263.37 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 130.98 FEET; THENCE AN ANGLE OF 300010811; THENCE TANGENT TO SAID CURVE SOUTH 35 0 24 1 50" EAST 208.31 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 93.61 FEET THROUGH AN ANGLE OF 21 0 27'14"; THENCE TANGENT TO SAID CURVE SOUTH 56 0 52'04" EAST 351.49 FEET; THENCE SOUTH 60 0 50 1 13" EAST 152.27 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 140.07 FEET THROUGH AN ANGLE OF 32 0 06 1 08" TO A POINT ON THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, DISTANT NORTH 0 0 08 1 43" EAST 744.12 FEET FROM THE SOUTHEAST CORNER OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, SAID 20.00 FOOT STRIP BEGINS IN THE EASTERLY LINE OF RANCHO AGUA HEDIONDA AND ENDS IN THE EASTERLY LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19. ALSO: A TEMPORARY 50 FOOT WIDE EASEMENT AND SLOPE RIGHT FOR CONSTRUCTION OF AN ACCESS AND CONSTRUCTION ROAD AS REQUIRED FOR THE CONSTRUCTION OF A SEWER PIPELINES IN THE EAST HALF OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, THE CENTER LINE OF SAID 50 FOOT WIDE TEMPORARY EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SECTIONS 19 AND 24 OF SAID TOWNSHIP 12 SOUTH WHICH POINT IS DISTANT THEREON NORTH 0 0 03'05" WEST, 551.11 FEET FROM THE QUARTER CORNER COMMON TO SAID SECTION 19 AND 24; THENCE NORTH 72 0 32 1 47" EAST, 425.99 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 138.00 FEET THROUGH AN ANGLE OF 15 0 48'48"; THENCE TANGENT TO SAID CURVE NORTH 56 0 43 1 59" EAST, 48.56 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 134.26 FEET THROUGH AN ANGLE OF 38 0 27 1 41"; THENCE TANGENT PAGE 4 I . ORDER NO. 1023153-11 TO SAID CURVE SOUTH 84 0 48'20" EAST 381.08 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 236.89 FEET THROUGH AN ANGLE OF 67 0 51'51"; THENCE TANGENT TO SAID CURVE NORTH 27 0 19 11 49" EAST, 70.07 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 123.96 FEET THROUGH AN ANGLE OF 28 024 1 31"; THENCE TANGENT TO SAID CURVE NORTH 55°44'20" EAST, 53.12 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 100.41 FEET THROUGH AN ANGLE OF 14 0 23 1 00"; THENCE TANGENT TO SAID CURVE NORTH 41 021'20" EAST 40,78 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE NORTH 41 0 21 1 20" EAST, 40.78 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 253.62 FEET THROUGH AN ANGLE OF 36 0 19 1 42"; THENCE TANGENT TO SAID CURVE NORTH 77 041 1 02" EAST, 606.59 FEET TO THE TRUE POINT OF BEGINNING OF SAID 50 FOOT WIDE TEMPORARY EASEMENT, SAID POINT BEING THE BEGINNING OF A 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 43.21 FEET THROUGH AN ANGLE OF 9 054'13"; THENCE TANGENT TO SAID CURVE NORTH 87 0 35 1 15" EAST, 387.03 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 84.60 FEET THROUGH AN ANGLE OF 19 0 23 1 20"; THENCE TANGENT TO SAID CURVE NORTH 68 0 11'55" EAST 205.33 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 95.13 FEET THROUGH AN ANGLE OF 21 0 48'05" THENCE TANGENT TO SAID CURVE EASTERLY 102.42 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 107.19 FEET THROUGH AN ANGLE OF 24 0 34 1 02"; THENCE TANGENT TO SAID CURVE SOUTH 65 0 25 1 58" EAST, 263.37 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 130.98 FEET THROUGH AN ANGLE OF 30 0 0110811; THENCE TANGENT TO SAID CURVE SOUTH 35 0 24'50" EAST, 208.31 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 93.61 FEET THROUGH AN ANGLE OF 21 0 27'14"; THENCE TANGENT TO SAID CURVE SOUTH 56 0 52 1 04" EAST, 351.49 FEET; THENCE SOUTH 60 0 50'13" EAST 152.27 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 140.07 FEET THROUGH AN ANGLE OF 32 0 06'08" TO A POINT ON THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, DISTANT NORTH 0°08 1 43" EAST 744.12 FEET FROM THE SOUTHEAST CORNER OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, SAID 20.00 FOOT STRIP BEGINS IN THE EASTERLY LINE OF RANCHO AGUA HEDIONDA AND ENDS IN THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19. PAGE 5 ORDER NO. 1023153-11 7. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED MAY 30, 1973 AS FILE NO. 73-146090 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: TWELVE (12.00) FEET IN WIDTH, BEING 6 FEET MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 24; THENCE ALONG THE NORTHERLY PROLONGATION OF THE EASTERLY LINE THEREOF NORTH 0 0 42'03" EAST 965.00 FEET; THENCE LEAVING SAID NORTHERLY PROLONGATION NORTH 38 0 52 1 03" EAST, 989.38 FEET; THENCE SOUTH 45 0 36 1 42" EAST, 1499.41 FEET; THENCE NORTH 84 0 34 1 00" EAST, 300.94 FEET; THENCE NORTH 88 0 44 1 00" EAST, 752.41 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING RETRACING SOUTH 88 0 44 1 00" WEST TO THE EASTERLY LINE OF LOT "A" OF RANCHO AGUA HEDIONDA ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, BEING A DISTANCE OF 325 FEET, MORE OR LESS. ALSO: THAT CERTAIN STRIP OF LAND 4.00 FEET IN WIDTH, BEING 2.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID TRUE POINT OF BEGINNING; THENCE NORTH 15 023 1 18" EAST 24.00 FEET. SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY." REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 8. AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD, RECORDED FEBRUARY 24, 1977 AS FILE NO. 77-068082 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 60.00 FEET IN WIDTH, FOR ROAD PURPOSES LYING WITHIN PORTIONS OF THE NORTH HALF OF SECTION 19 AND THE SOUTH HALF OF SECTION 18, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 19, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 19 BEARS NORTH 89 0 39 1 01" WEST; THENCE NORTH 86 0 11 1 20" WEST 329.50 FEET; THENCE SOUTH 15 0 16 1 35" WEST 1410.75 FEET; THENCE SOUTH 24 0 54 1 09" WEST PAGE 6 . ORDER NO. 1023153-11 59.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING THE AAasw .guzED COURSE NORTH 24 0 54'09" EAST 59.00 FEET; THENCE NORTH 21°31'51" WEST 238.97 FEET; THENCE NORTH 18 0 07'34" EAST 1486.58 FEET; THENCE NORTH 15°06 1 41" WEST 541.75 FEET; THENCE NORTH 14 0 36 1 45" EAST 733.41 FEET; THENCE NORTH 08 0 16 1 44" WEST 369.00 FEET, MORE OR LESS, TO A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF PALOMAR AIRPORT ROAD. 9. NOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED JUNE 29, 1978 AS FILE NO. 78-272812 OF OFFICIAL RECORDS. 10. NOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED NOVEMBER 7, 1978 AS FILE NO. 78-482579 OF OFFICIAL RECORDS. 11. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED JULY 27, 1981 8 UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: WOODWARD COMPANIES AND AETNA CAPITAL CORPORATION AND CITY OF CALRSBAD. RECORDED: SEPTEMBER 25, 1981 AS FILE NO. 81-305686 OF OFFICIAL RECORDS. 12. NOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED JULY 20, 1982 AS FILE NO. 82-221295 OF OFFICIAL RECORDS. 13. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 9112, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 14. ANY INTEREST OF FRANCISCO TORRES, DBA FRANCISCO TORRES FARMS, IN AND TO SAID LAND AS DISCLOSED BY A FINANCING STATEMENT (SINCE RELEASED) EXECUTED BY FRANCISCO TORRES AS DEBTOR AND SECURITY PACIFIC NATIONAL BANK AS SECURED PARTY, FILED NOVEMBER 4, 1983 AS FILE NO. 83-411289 OF OFFICIAL RECORDS COVERING ALL CROPS NOW BEING GROWN OR HEREAFTER GROWN ON REAL PROPERTY DESCRIBED AS: APPROXIMATELY 95 ACRES, MORE OR LESS, OF VALLEY LAND LOCATED EAST OF EL CANINO REAL AND SOUTH OF PALOMAR AIRPORT ROAD IN THE COUNTY SAN DIEGO AND BEING SITUATED IN SECTIONS 18 & 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN. 15. ANY INTEREST OF THOMAS L. LOPEZ, SR. AS DISCLOSED BY FINANCING STATEMENT, RECORDED MARCH 22, 1984 AS FILE NO. 84-105389 OF OFFICIAL RECORDS. 16. AN AGREEMENT REGARDING PROPERTY DEVELOPMENT, DATED JUNE 14, 1984 1 UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: DON E. WOODWARD AND NEISTER DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION AND CARRILLO RANCH PARTNERSHIP, A CALIFORNIA GENERALLY PARTNERSHIP. RECORDED: JULY 26, 1984 AS FILE NO. 84-284010 OF OFFICIAL RECORDS. PAGE 7 'I . ORDER NO. 1023153-11 17. AN EASEMENT FOR A PIPELINE OR PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF SAN MARCOS COUNTY WATER DISTRICT, A PUBLIC AGENCY, RECORDED FEBRUARY 13, 1986 AS FILE NO. 86-058612 OF OFFICIAL RECORDS, LOCATED WITHIN SAID LAND AS SET FORTH THEREIN. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 18. AN AGREEMENT REGARDING P YMENT OF A PUBLIC FACILITIES FEE, DATED JANUARY 13, 1986, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CAL FED ENTERPRISES, A CORPORATION AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: APRIL 1, 1986 AS FILE NO. 86-125318 OF OFFICIAL RECORDS. 19. AN AGREEMENT REGARDING PURCHASE OF REAL PROPERTY, DATED AUGUST 25 1 1987, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: REALTY DEALERS, LTD., AN ILLINOIS LIMITED PARTNERSHIP AND RANCHO CARRILLO ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP. RECORDED: SEPTEMBER 4, 1987 AS FILE NO. 87-505325 OF OFFICIAL RECORDS. 20. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUN OF $3,720,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED SEPTEMBER 15, 1987 AS FILE NO. 87-520030 OF OFFICIAL RECORDS. DATED: SEPTEMBER 15, 1987 TRUSTOR: REALTY DEALERS, LTD., AN ILLINOIS LIMITED PARTNERSHIP TRUSTEE: CAL FED ENTERPRISES, A CALIFORNIA CORPORATION BENEFICIARY: CAL FED ENTERPRISES, A CALIFORNIA CORPORATION THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO CALIFORNIA FEDERAL BANK BY ASSIGNMENT RECORDED DECEMBER 7, 1989 AS FILE NO. 89-663977 OF OFFICIAL RECORDS. AN INSTRUMENT DATED NOVEMBER 7, 1990, RECORDED DECEMBER 10, 1990 AS FILE NO. 90-0655023 OF OFFICIAL RECORDS, EXECUTED BY CALIFORNIA FEDERAL BANK, A FEDERAL SAVINGS BANK, A FEDERALLY CHARTERED SAVINGS BANK AND REALTY DEALERS, LTD., AN ILLINOIS LIMITED PARTNERSHIP PURPORTS TO MODIFY THE TERMS OF THE NOTE SECURED BY SAID DEED OF TRUST AS THEREIN PROVIDED. SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT RECORDED MAY 13, 1992 AS FILE NO. 1992-0291297 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED SEPTEMBER 14, 1992 AS FILE NO. 1992-0580690 OF OFFICIAL RECORDS. PAGE 8 E . •RDER NO. 1023153- 11 21. THE FACT THAT SAID LAND LIES WITHIN THE "SAN MARCOS FIRE PROTECTION DISTRICT REORGANIZATION", AS DISCLOSED BY INSTRUMENT •ECORDED OCTOBER 1, 1987 AS FILE NO. 87-555493 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 22. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 12232, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 23. AN EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED MAY 13, 1992 AS FILE NO. 1992-0291297 OF OFFICIAL RECORDS, LOCATED WITHIN PARCEL 1 AS SET FORTH THEREIN. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 24. AN EASEMENT FOR DRAINAGE AND TEMPORARY CONSTRUCTION AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED MAY 13, 1992 AS FILE NO. 1992-0291298 OF OFFICIAL RECORDS, LOCATED WITHIN PARCEL 1 AS SET FORTH THEREIN. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 25. 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. 26. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COPY OF THE PARTNERSHIP REFERRED TO IN THE VESTING HEREIN AND ANY AMENDMENTS THERETO. 1991-92 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: 09025 221-012-09 $9,617.90 PAID $9,617.90 PAID $1,786,012.00 09025 222-011-05 $15,563.89 PAID $15,563.89 PAID $2,890,729.00 -0- -0- 09027 215-031-05 $1,392.29 PAID $1,392.29 PAID $257,873.00 -0- -0- PAGE 9 A M } ; . . ORDER NO. 1023153-11 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF SECTIONS 18 AND 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE 07 CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 2 INCH IRON PIPE WITH DISC MARKED "RCE 9416" ACCEPTED AS THE NORTHWESTERLY CORNER OF LA COSTA MEADOWS UNIT NO • 3, ACCORDING TO THE MAP THEREOF NO. 7076; THENCE NORTH 0 0 52 1 06" EAST ALONG THE WEST LINE OF SAID SECTION 19 A DISTANCE OF 1337.52 FEET AND NORTH 0 0 03 1 46" WEST A DISTANCE OF 1153.82 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE WEST LINE OF SAID SECTION 19 NORTH 54 0 40 1 00" EAST 2065.80 FEET; THENCE NORTH 8 0 51 1 23" EAST 1907.40 FEET; THENCE NORTH 21 0 26 1 31" WEST 30.00 FEET TO THE CENTER LINE OF ROAD SURVEY NO. 757, PALOMAR AIRPORT ROAD; THENCE NORTH 68°33'29" EAST ALONG SAID CENTER LINE A DISTANCE OF 723.02 FEET; THENCE LEAVING SAID CENTER LINE SOUTH 16 0 13 1 00" EAST A DISTANCE OF 1640.18 FEET TO THE EAST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 18; THENCE SOUTH 0 0 42'37" EAST ALONG SAID EAST LINE A DISTANCE OF 291.42 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 19; THENCE SOUTH 0 0 20 1 46" WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 498.91 FEET; THENCE LEAVING SAID EAST LINE SOUTH 85 0 50 1 40" WEST 749.94 FEET; THENCE SOUTH 4 0 09'20" EAST 688.38 FEET; THENCE SOUTH 85 0 50 1 40" WEST A DISTANCE OF 92.05 FEET TO THE BEGINNING OF A 2000.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21 0 00 1 00" A DISTANCE OF 733.04 FEET; THENCE SOUTH 64 0 50 1 40" WEST A DISTANCE OF 1165.58 FEET TO THE BEGINNING OF A TANGENT 2000.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16 0 29 1 25" A DISTANCE OF 575.62 FEET TO THE ABOVE MENTIONED WEST LINE OF SAID SECTION 19; THENCE LEAVING SAID CURVE NORTH 0 0 03'46" WEST ALONG SAID WEST LINE OF SECTION 19, A DISTANCE OF 587.94 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: BEING A PORTION OF FRACTIONAL SECTION 24 1 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PAGE 10 ORDER NO. 1023153-11 BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 24 AS SHOWN ON RECORD OF SURVEY 6416 ON FILE IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE EASTERLY LINE OF SAID SECTION 24, NORTH 0000346 11 WEST 1339.02 FEET TO THE SOUTHEAST CORNER OF GOVERNMENT LOT 1 OF SAID FRACTIONAL SECTION; THENCE LEAVING SAID EASTERLY LINE ALONG THE SOUTHERLY LINE OF SAID LOT 1, NORTH 89°23 1 12" WEST 256.29 FEET TO A POINT IN THE EASTERLY BOUNDARY OF RANCHO AGUA HEDIONDA; THENCE ALONG SAID RANCHO LINE SOUTH 02°38 1 00" EAST 1341.36 FEET TO A POINT ON THE SOUTHERLY LINE OF THE NORTHEAST QUARTER OF SAID FRACTIONAL SECTION 24; THENCE LEAVING SAID RANCHO LINE ALONG SAID SOUTHERLY LINE SOUTH 89 0 28 1 04" EAST TO THE POINT OF BEGINNING. I . " PAGE 11 HANGES L OLD OfT '// 1(2 -/J ms 2340 4012 7 WXD- 87 ,4&44 IFTJ — 0/F 42l7 iô/,' 87 15.91 ;;; —;T p 87 0/0 15/1,6 r 87 476ol ;;; . it 0140 e j"J E7 4742 4/0 2 187 47 /536 1,21,3)88 23 88T4~m~l — - — (*f J — — 87 .58c 87/589 CC... • . 35lN r'r(r rc ; , . oil . . 0 'HTIOF 2 r , 800SAI Of C' 1.IpA .• 2i: • • ; • • • AP _ &Ir#,.d?-i . . J"RA1. '1LE NSRNCL . . • . ---.------- STA 21+51 72 ..) f- 4" I E -..-i— 4•. . 35.ez - — . . L Thim:Omy Ocmanot bc DETAIL "A" NO SCALE — SHTZ MELROSE DR. . . c _J ,. , — I) I W 1 -JIf JtJr )4I.7 '-PARK CENTER D , \ i.-. A . , 7 8 For aIlea Is e- d &.ch m 21" ; t3 I _ _ ________________________ , —:--- • -1, 18 17 " reidn(e u;-or, " \ ! 9.95 AC L ; .I4' ;r;: ~- u6E;r' JJAY' ® / : . / ; . • • , , . c\_, pR p 'R 11. 31 /C: t 992AC- , , 5B AC N \;g '!C& &t 5 39.75 AC. : 0 J ! 16-W AC AS - I I 4 26.OSAC. , I PAR SHT.2 -, mj \ ( \ az;: r ToNE w .- mat# -ii' %bDrA ON ' l3O9CTP I OF \ui 90 A k 40.00 A o o . • 395 AC zi > 2 2 Ar:!954z :L E1 _\ , g;(R$ ' . 2::4::__. 4 axe S H T 3 70 r VISTA W,r sED ,ig. Z7 5 A/(R.z /?21 $d(t j '3 2 5 Q•s DE AlL C NO SCALE SEEj,3 c 7_, ::T:CAft-SS^D UNION 57 3OAC : Ln 7E.73 AC. CD A-\ ' & PER RS7BI I 73141 '_J'I%; - 71-1; Ac. IiLI.//R I .1 P 4-1 /—\ •i N I-f I ® \\ i k!!) 1c'• .tX iF 372 AC. u7'// i • 69-11 AC -ie lIZ! fJ/_jf /O3 / 75•I lZfl.4 13 18 SEC — 'SXSEC. j3 /o4z2 Al * POR.1 I 57 37A 40 SEC 19—TI2S—R3W —POR LOTS I &2 SEC I6—T125--R3W DETAILB -NO SCALE k SEC 13—T125 — R4W — LOTS I&2 ROS 6416, 6429, 9l129461, 10347,12232 MApEr FOP ASSESSMEURPOS[S O N _" £.& 1i':,r. rr - 'MAP Ak 27 P. Ci SH. 2 - -.- - N• C•*. (sJc i/IDT14 ,ivEN) 3 . /113/99 OP. SHT. 2 APPROX. LCe1ON4 %• / /60' . EE. \ \ •1>\ \\ 'S g..Q&f I if "I 4P 44431( 14 S t - - fr) tw MARCOS SHT. I A 68.69 107.90 5I916'22W 5 32M 19E B C 228.30 S7 3E D 22502 5 6 32 51W E 176.66 S 5 I0 4 F 408.00 5361549W N245409E C' H 59.00 240.49 N855046E 222-O,[ . r,Ieoo —S 0 N N 1 25fr0 tT IroirJ1 • __ ca comwRom =MIMMM - MM MMM MM = ==ME__ MMMN ==Mom ==Mlom - MM MMMIN =MIME= I- -- "IC e. 1 1 1 L •.I• - . - -. . - . -•- InItty AMCAN TIYLZ INSURANIX 411 IVY COMPANY 2311477 P.O. COX 006 SAN DEQO. CA "Thj, map may or ma. not be a $urye.f the land Oepc?ed her.on. You iouJd rtot rely upon ii for any pirpo$e Other than orertratjon to the general location of the parcel Or percelt depicted. First American T1$e •zpre,.slt discl*ims any liability for ..g.d io, d*g which may - •l • SEC 19-TI2S- R3W -POR ROS 9112,9461 .Eo W v :22 P Di MAPPED FOR ASSESSMENT PURPOSES A CAY NE LN B LA 'ST C ELo LA LW D FLAMENCO ST S_ •#' •'• .9 rn 215-03 I SOC CHANGES J(OLD EWt* 1 /1 2 /0 II $I 771 5090 r.R.A. CARP ILLO WAY- RD /oz 'CSg..tr. Cr. - ten / Y /1 1 9.01 AC PAg.Z / ep S. 4$ AC. A$47a2A S. S ,. roOtO%C /V89 e2 '4 .Li' 2_4-58 .80 '7744.. j I2' 7b3 ... 3IZ1 2419 SAN DIE GO cou ASSESSOS MAP 80 21 P o: yArr; ' A - '.M! N ' T - ,..,-..E,......' CHORLITO ST I 38 - I AC"83 ES EL FUERTE ST. M 1025 Is * © FIRST AMERICAN TITLE INSURANCE COMPA' 411 Ivy P.O. Box 808 2 - ..,. 238-1776 Sari Diego, Calif. 92112 25 30 This Is not a survey of the land, but Is furnished for Purposes Only. No liability is assumed by ths coripa'y a- tc the accuracy of such date or acreage shown *reon. •SP .-':: J,.. S - 5A92I PTWt A*ICA$ ?I1'lJ IMUW, IV'! 0$1A.1 .555 P.O. 505 .01 SAN b,O. CA IU Th1* map may or ineylsat be MAP 10257-CARLSBAD TCT NO. 73-29 .. 'SEC 24 - T 12S R4 W You should not IVly upon it for any purpose other then P Os 6587, 6641, 9112 ,. o the general location of the parcel or parcels depkteir, Fivsk.,Anverkno Title expressly disclaims any liubaty for alleged loss or damage w4ids —y result from reliance upon this *P ç AML ORDER NO. 1023153-11 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 NOVEMBER 2, 1992 UDC HOMES 438 CMAINO DEL RIO SOUTH 112-B SAN DIEGO, CA. ATTN: DEBBIE PIEMONTE RECEIVED YOUR REF: CARLSBAD PROPERTY JAN 1 5 1993 OUR ORDER NO. 1023153-11 cmr op PUthN )L IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY O PT 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 HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISsulu THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISsuu 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 RQUESTED. DATED AS OF OCTOBER 29, 1992 AT 7:30 A,) 7r / ,'-r; '- - ROY PROVEN.E/BJw TITLE OFFICER - DIRECT DIAL PHONE 231-4652 PAGE 1 ORDER NO. 1023153-11 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: REALTY DEALERS, LTD., AN ILLINOIS 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. 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. 3. 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. 4. RIGHTS OF THE PUBLIC IN AND TO ANY PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN ROADS, STREETS OR HIGHWAYS. PAGE 2 *3rl: •.// . . . ORDER NO. 1023153-11 5. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY No. 757 ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED OCTOBER 2, 1940 IN BOOK 1068, PAGE 496 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. 6. AN EASEMENT FOR SEWER LINE AND APPURTENANCES AND INCIDENTAL PURPOSES IN FAVOR OF SAN NARCOS COUNTY WATER DISTRICT, RECORDED OCTOBER 1 1 1968 AS FILE NO. 170268 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: AFFECTS A STRIP OF LAND 20.00 FEET WIDE IN THE EAST HALF OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, THE CENTER LINE OF SAID 20.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SAID SECTIONS 19 AND 24 WHICH IS DISTANT THEREON NORTH 0 0 03'05" WEST 551.11 FEET FROM THE QUARTER CORNER COMMON TO SAID SECTION 19 AND 24 0' BEING POINT "A" OF THIS DESCRIPTION; THENCE SOUTH 72 0 32 1 47" WEST 144.96 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE 81.62 FEET THROUGH AN ANGLE OF 9°21'll" TO A POINT ON SAID EASTERLY LINE OF RANCHO AGUA HEDIONDA, DISTANT NORTH 2 0 38 1 10" WEST 690.82 FEET FROM CORNER NO. 5 OF SAID RANCHO, BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING EASTERLY TO SAID POINT "A"; THENCE NORTH 72 0 32 1 47" EAST 425.99 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 138.00 FEET THROUGH AN ANGLE OF 15 0 48'48"; THENCE TANGENT TO SAID CURVE NORTH 56 0 43 1 59" EAST 48.56 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 134.26 FEET THROUGH AN ANGLE OF 38 0 27 1 41"; THENCE TANGENT TO SAID CURVE SOUTH 84 0 48 1 20" EAST 381.08 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 236.89 FEET THROUGH AN ANGLE OF 67 0 51'51"; THENCE TANGENT TO SAID CURVE NORTH 27 0 19 1 49" EAST 70.07 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 123.96 FEET THROUGH AN ANGLE OF 28 0 24 1 31"; THENCE TANGENT TO SAID CURVE NORTH 55 0 44 1 20" EAST 53.12 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 100.41 FEET THROUGH AN ANGLE OF 14 0 23 1 ; THENCE TANGENT TO SAID CURVE NORTH 41 0 21 1 20" EAST 40.78 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE PAGE 3 ORDER NO. 1023153-11 NORTHEASTERLY ALONG SAID CURVE 253.62 FEET THROUGH AN ANGLE OF 36 0 19 1 42"; THENCE TANGENT TO SAID CURVE 77 0 41 1 02" EAST 606.59 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 43.21 FEET THROUGH AN ANGLE OF 9 0 54 1 13"; THENCE TANGENT TO SAID CURVE NORTH 87 0 35 1 15" EAST 387.03 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 84.60 FEET THROUGH AN ANGLE OF 19 0 23'20"; THENCE TANGENT TO SAID CURVE NORTH 68 0 11'55" EAST 205.33 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 95.13 FEET THROUGH AN ANGLE OF 21 0 48 1 05"; THENCE TANGENT TO SAID CURVE, EAST 102.42 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 107.19 FEET THROUGH AN ANGLE OF 24 0 34 1 02"; THENCE TANGENT TO SAID CURVE SOUTH 65 0 25'58" EAST 263.37 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 130.98 FEET; THENCE AN ANGLE OF 30 0 01'08"; THENCE TANGENT TO SAID CURVE SOUTH 35 0 24 1 50" EAST 208.31 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 93.61 FEET THROUGH AN ANGLE OF 21°27 1 14"; THENCE TANGENT TO SAID CURVE SOUTH 56 0 52 1 04" EAST 351.49 FEET; THENCE SOUTH 60 10 50 1 13" EAST 152.27 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 140.07 FEET THROUGH AN ANGLE OF 32 0 06'08" TO A POINT ON THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, DISTANT NORTH 0 0 08 1 43" EAST 744.12 FEET FROM THE SOUTHEAST CORNER OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, SAID 20.00 FOOT STRIP BEGINS IN THE EASTERLY LINE OF RANCHO AGUA HEDIONDA AND ENDS IN THE EASTERLY LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19. ALSO: A TEMPORARY 50 FOOT WIDE EASEMENT AND SLOPE RIGHT FOR CONSTRUCTION OF AN ACCESS AND CONSTRUCTION ROAD AS REQUIRED FOR THE CONSTRUCTION OF A SEWER PIPELINES IN THE EAST HALF OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, THE CENTER LINE OF SAID 50 FOOT WIDE TEMPORARY EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SECTIONS 19 AND 24 OF SAID TOWNSHIP 12 SOUTH WHICH POINT IS DISTANT THEREON NORTH 0 0 03 1 05" WEST, 551.11 FEET FROM THE QUARTER CORNER COMMON TO SAID SECTION 19 AND 24; THENCE NORTH 72 0 32 1 47" EAST, 425.99 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 138.00 FEET THROUGH AN ANGLE OF 15 0 48 1 48"; THENCE TANGENT TO SAID CURVE NORTH 56 0 43 1 59" EAST, 48.56 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 134.26 FEET THROUGH AN ANGLE OF 38 0 27'41"; THENCE TANGENT PAGE 4 . ORDER NO. 1023153-11 TO SAID CURVE SOUTH 84 0 48 1 20" EAST 381.08 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 236.89 FEET THROUGH AN ANGLE OF 67 0 51 1 51"; THENCE TANGENT TO SAID CURVE NORTH 27 0 19 1 49" EAST, 70.07 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 123.96 FEET THROUGH AN ANGLE OF 28 0 24 1 31"; THENCE TANGENT TO SAID CURVE NORTH 55°44 1 20" EAST, 53.12 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 100.41 FEET THROUGH AN ANGLE OF 14 0 23 1 00"; THENCE TANGENT TO SAID CURVE NORTH 41 0 21 1 20" EAST 40.78 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE NORTH 41 0 21'20" EAST, 40.78 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 253.62 FEET THROUGH AN ANGLE OF 36 0 19 1 42"; THENCE TANGENT TO SAID CURVE NORTH 77 0 41'02" EAST, 606.59 FEET TO THE TRUE POINT OF BEGINNING OF SAID 50 FOOT WIDE TEMPORARY EASEMENT, SAID POINT BEING THE BEGINNING OF A 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 43.21 FEET THROUGH AN ANGLE OF 9 0 54'13"; THENCE TANGENT TO SAID CURVE NORTH 87 0 35 1 15" EAST, 387.03 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 84.60 FEET THROUGH AN ANGLE OF 19 0 23 1 20"; THENCE TANGENT TO SAID CURVE NORTH 68°11 1 55" EAST 205.33 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 95.13 FEET THROUGH AN ANGLE OF 21°48 1 05" THENCE TANGENT TO SAID CURVE EASTERLY 102.42 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 107.19 FEET THROUGH AN ANGLE OF 24 0 34'02"; THENCE TANGENT TO SAID CURVE SOUTH 65 0 25'58" EAST, 263.37 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 130.98 FEET THROUGH AN ANGLE OF 30 0 01 1 08"; THENCE TANGENT TO SAID CURVE SOUTH 35 0 24 1 50" EAST, 208.31 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 93.61 FEET THROUGH AN ANGLE OF 21 0 27 1 14"; THENCE TANGENT TO SAID CURVE SOUTH 56 0 52'04" EAST, 351.49 FEET; THENCE SOUTH 60 0 50'13" EAST 152.27 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 140.07 FEET THROUGH AN ANGLE OF 32 0 06 1 08" TO A POINT ON THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, DISTANT NORTH 0°08'43" EAST 744.12 FEET FROM THE SOUTHEAST CORNER OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, SAID 20.00 FOOT STRIP BEGINS IN THE EASTERLY LINE OF RANCHO AGUA HEDIONDA AND ENDS IN THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19. PAGE 5 ORDER NO. 1023153-11 7. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED MAY 30, 1973 AS FILE NO. 73-146090 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: TWELVE (12.00) FEET IN WIDTH, BEING 6 FEET MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 24; THENCE ALONG THE NORTHERLY PROLONGATION OF THE EASTERLY LINE THEREOF NORTH 0 0 42'03" EAST 965.00 FEET; THENCE LEAVING SAID NORTHERLY PROLONGATION NORTH 38 0 52 1 03" EAST, 989.38 FEET; THENCE SOUTH 45 0 36 1 42" EAST, 1499.41 FEET; THENCE NORTH 84 0 34 1 00" EAST, 300.94 FEET; THENCE NORTH 88 0 44 1 00" EAST, 752.41 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING RETRACING SOUTH 88 0 44 1 00" WEST TO THE EASTERLY LINE OF LOT "A" OF RANCHO AGUA HEDIONDA ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, BEING A DISTANCE OF 325 FEET, MORE OR LESS. ALSO: THAT CERTAIN STRIP OF LAND 4.00 FEET IN WIDTH, BEING 2.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID TRUE POINT OF BEGINNING; THENCE NORTH 15 0 23 1 18" EAST 24.00 FEET. SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY." REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 8. AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD, RECORDED FEBRUARY 24, 1977 AS FILE NO. 77-068082 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 60.00 FEET IN WIDTH, FOR ROAD PURPOSES LYING WITHIN PORTIONS OF THE NORTH HALF OF SECTION 19 AND THE SOUTH HALF OF SECTION 18, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 19, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 19 BEARS NORTH 89 0 39 1 01" WEST; THENCE NORTH 86 0 11 1 20" WEST 329.50 FEET; THENCE SOUTH 15 0 16 1 35" WEST 1410.75 FEET; THENCE SOUTH 24 0 54 1 09" WEST PAGE 6 I 4RDER NO. 1023153-11 59.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING THE sx mzN-xjL0NED COURSE NORTH 24 0 54 1 09" LAST 59.00 FEET; THENCE NORTH 21 0 31'51" WEST 238.97 FEET; THENCE NORTH 18 0 07'34" EAST 1486.58 FEET; THENCE NORTH 15 0 06 1 41" WEST 541.75 FEET; THENCE NORTH 14 0 36'45" EAST 733.41 FEET; THENCE NORTH 08 0 16 1 44" WEST 369.00 FEET, MORE OR LESS, TO A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF PALOMAR AIRPORT ROAD. 9. NOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED JUNE 29, 1978 AS FILE NO. 78-272812 OF OFFICIAL RECORDS. 10. NOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED NOVEMBER 7, 1978 AS FILE NO. 78-482579 OF OFFICIAL RECORDS. 11. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED JULY 27, 1981, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: WOODWARD COMPANIES AND AETNA CAPITAL CORPORATION AND CITY OF CALRSBAD. RECORDED: SEPTEMBER 25, 1981 AS FILE NO. 81-305686 OF OFFICIAL RECORDS. 12. NOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED JULY 20, 1982 AS FILE NO. 82-221295 OF OFFICIAL RECORDS. 13. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 9112, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 14. ANY INTEREST OF FRANCISCO TORRES, DBA FRANCISCO TORRES FARMS, IN AND TO SAID LAND AS DISCLOSED BY A FINANCING STATEMENT (SINCE RELEASED) EXECUTED BY FRANCISCO TORRES AS DEBTOR AND SECURITY PACIFIC NATIONAL BANK AS SECURED PARTY, FILED NOVEMBER 4, 1983 AS FILE NO. 83-411289 OF OFFICIAL RECORDS COVERING ALL CROPS NOW BEING GROWN OR HEREAFTER GROWN ON REAL PROPERTY DESCRIBED AS: APPROXIMATELY 95 ACRES, MORE OR LESS, OF VALLEY LAND LOCATED EAST OF EL CANINO REAL AND SOUTH OF PALOMAR AIRPORT ROAD IN THE COUNTY SAN DIEGO AND BEING SITUATED IN SECTIONS 18 & 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN. 15. ANY INTEREST OF THOMAS L. LOPEZ, SR. AS DISCLOSED BY FINANCING STATEMENT, RECORDED MARCH 22, 1984 AS FILE NO. 84-105389 OF OFFICIAL RECORDS. 16. AN AGREEMENT REGARDING PROPERTY DEVELOPMENT, DATED JUNE 14, 1984, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: DON E. WOODWARD AND NEISTER DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION AND CABRILLO RANCH PARTNERSHIP, A CALIFORNIA GENERALLY PARTNERSHIP. RECORDED: JULY 26, 1984 AS FILE NO. 84-284010 OF OFFICIAL RECORDS. PAGE 7 .. . ORDER NO. 1023153-11 17. AN EASEMENT FOR A PIPELINE OR PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF SAN MARCOS COUNTY WATER DISTRICT, A PUBLIC AGENCY, RECORDED FEBRUARY 13, 1986 AS FILE NO. 86-058612 OF OFFICIAL RECORDS, LOCATED WITHIN SAID LAND AS SET FORTH THEREIN. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 18. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED JANUARY 13, 1986, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CAL FED ENTERPRISES, A CORPORATION AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: APRIL 1, 1986 AS FILE NO. 86-125318 OF OFFICIAL RECORDS. 19. AN AGREEMENT REGARDING PURCHASE OF REAL PROPERTY, DATED AUGUST 25, 1987, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: REALTY DEALERS, LTD., AN ILLINOIS LIMITED PARTNERSHIP AND RANCHO CARRILLO ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP. RECORDED: SEPTEMBER 4, 1987 AS FILE NO. 87-505325 OF OFFICIAL RECORDS. 20. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $3,720,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED SEPTEMBER 15, 1987 AS FILE NO. 87-520030 OF OFFICIAL RECORDS. DATED: SEPTEMBER 15, 1987 TRUSTOR: REALTY DEALERS, LTD., AN ILLINOIS LIMITED PARTNERSHIP TRUSTEE: CAL FED ENTERPRISES, A CALIFORNIA CORPORATION BENEFICIARY: CAL FED ENTERPRISES, A CALIFORNIA CORPORATION THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO CALIFORNIA FEDERAL BANK BY ASSIGNMENT RECORDED DECEMBER 7 1 1989 AS FILE NO. 89-663977 OF OFFICIAL RECORDS. AN INSTRUMENT DATED NOVEMBER 7 1 1990, RECORDED DECEMBER 10 1 1990 AS FILE NO. 90-0655023 OF OFFICIAL RECORDS, EXECUTED BY CALIFORNIA FEDERAL BANK, A FEDERAL SAVINGS BANK, A FEDERALLY CHARTERED SAVINGS BANK AND REALTY DEALERS, LTD., AN ILLINOIS LIMITED PARTNERSHIP PURPORTS TO MODIFY THE TERMS OF THE NOTE SECURED BY SAID DEED OF TRUST AS THEREIN PROVIDED. SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT RECORDED MAY 13, 1992 AS FILE NO. 1992-0291297 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED SEPTEMBER 14, 1992 AS FILE NO. 1992-0580690 OF OFFICIAL RECORDS. PAGE 8 • • ORDER NO. 1023153-11 21. THE FACT THAT SAID LAND LIES WITHIN THE "SAN MARCOS FIRE PROTECTION DISTRICT REORGANIZATION", AS DISCLOSED BY INSTRUMENT RECORDED OCTOBER I t 1987 AS FILE NO. 87-555493 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 22. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 12232, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 23. AN EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED MAY 13, 1992 AS FILE NO. 1992-0291297 OF OFFICIAL RECORDS, LOCATED WITHIN PARCEL 1 AS SET FORTH THEREIN. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 24. AN EASEMENT FOR DRAINAGE AND TEMPORARY CONSTRUCTION AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED MAY 13, 1992 AS FILE NO. 1992-0291298 OF OFFICIAL RECORDS, LOCATED WITHIN PARCEL 1 AS SET FORTH THEREIN. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 25. 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. 26. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COPY OF THE PARTNERSHIP REFERRED TO IN THE VESTING HEREIN AND ANY AMENDMENTS THERETO. 1991-92 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: 09025 221-012-09 $9,617.90 PAID $9,617.90 PAID $1,786,012.00 09025 222-011-05 $15,563.89 PAID $15,563.89 PAID $2,890,729.00 -0- -0- 09027 215-031-05 $1,392.29 PAID $1,392.29 PAID $257,873.00 -0- -0- PAGE 9 ORDER NO. 1023153-11 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF SECTIONS 18 AND 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 2 INCH IRON PIPE WITH DISC MARKED "RCE 9416" ACCEPTED AS THE NORTHWESTERLY CORNER OF LA COSTA MEADOWS UNIT NO. 3, ACCORDING TO THE MAP THEREOF NO. 7076; THENCE NORTH 0 0 52'06" EAST ALONG THE WEST LINE OF SAID SECTION 19 A DISTANCE OF 1337.52 FEET AND NORTH 0003I46 1 WEST A DISTANCE OF 1153.82 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE WEST LINE OF SAID SECTION 19 NORTH 54 0 40 1 00" EAST 2065.80 FEET; THENCE NORTH 8 0 51'23" EAST 1907.40 FEET; THENCE NORTH 21 0 26'31" WEST 30.00 FEET TO THE CENTER LINE OF ROAD SURVEY NO. 757, PALOMAR AIRPORT ROAD; THENCE NORTH 68 0 33'29" EAST ALONG SAID CENTER LINE A DISTANCE OF 723.02 FEET; THENCE LEAVING SAID CENTER LINE SOUTH 16 0 13 1 00" EAST A DISTANCE OF 1640.18 FEET TO THE EAST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 18; THENCE SOUTH 0 0 42'37" EAST ALONG SAID EAST LINE A DISTANCE OF 291.42 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 19; THENCE SOUTH 0 0 20 1 46" WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 498.91 FEET; THENCE LEAVING SAID EAST LINE SOUTH 85 0 50 1 40" WEST 749.94 FEET; THENCE SOUTH 4 0 09'20" EAST 688.38 FEET; THENCE SOUTH 85 0 50'40" WEST A DISTANCE OF 92.05 FEET TO THE BEGINNING OF A 2000.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21 0 00 1 00" A DISTANCE OF 733.04 FEET; THENCE SOUTH 64 0 50 1 40" WEST A DISTANCE OF 1165.58 FEET TO THE BEGINNING OF A TANGENT 2000.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16 0 29 1 25" A DISTANCE OF 575.62 FEET TO THE ABOVE MENTIONED WEST LINE OF SAID SECTION 19; THENCE LEAVING SAID CURVE NORTH 0 0 03 1 46" WEST ALONG SAID WEST LINE OF SECTION 19, A DISTANCE OF 587.94 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: BEING A PORTION OF FRACTIONAL SECTION 240, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PAGE 10 Ri I . ORDER NO. 1023153-11 BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 24 AS SHOWN ON RECORD OF SURVEY 6416 ON FILE IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE EASTERLY LINE OF SAID SECTION 24, NORTH 00 0 03 1 46" WEST 1339.02 FEET TO THE SOUTHEAST CORNER OF GOVERNMENT LOT 1 OF SAID FRACTIONAL SECTION; THENCE LEAVING SAID EASTERLY LINE ALONG THE SOUTHERLY LINE OF SAID LOT 1, NORTH 89 0 23 1 12" WEST 256.29 FEET TO A POINT IN THE EASTERLY BOUNDARY OF RANCHO AGUA HEDIONDA; THENCE ALONG SAID RANCHO LINE SOUTH 02 0 38 1 00" EAST 1341.36 FEET TO A POINT ON THE SOUTHERLY LINE OF THE NORTHEAST QUARTER OF SAID FRACTIONAL SECTION 24; THENCE LEAVING SAID RANCHO LINE ALONG SAID SOUTHERLY LINE SOUTH 89 0 28 1 04" EAST TO THE POINT OF BEGINNING. PAGE 11 N R 234O A2//,' - S715-91 0/0 '7 . 010 /5 11,6 -4' 871 0/0 7 ;4( 0/0 ii 87 4O4 188 t8 _ 1I2//3 23 23 - - - 7 .58c 0/I 6-/Jf ftA ZIP` 14-15? S91 15B cc-. E ST st OF MARCO . 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NIT ma i CD r 4AP444.31j - 1 14 *.4 v is 45 - /783S - NB445O'./3I37 /314.iZ OF WRCO5 7i84'4-l'k/ J,. /JJ Al 8 *4'O8W(Ru) SHT. I SEC 19-TI2S-- R3W - POR ROS 9112946I 215-03 "S I S A CAYE. LN B LAP sr C EL AGUILA LW D FLAMENCO ST ©,.. 5' FIRST AMERICAN TITLE INSURANCE COMP 411 ivy P.O. Box 808 _2i9 238-1776 San Dieoo, C&-l. 92112 25 30 This is not & surVey of the land but is furr h C'e".- Purposes Only. No iiebfl:ry is assu"-.ed by ti' 3 cc-:)-y tc the erray of such dtts or seae thown t'eeo. •5 - CA flit ftWT AR1CA1I ?51L.$ IM$UWS 415 IVY WPAKY S.ITPS P. D. SO! SOS SAW 8-tO. CA 1U Th4 map may or mey-r* be a MAP 10257—CARLSBAD 'ICT NO. 73-29.vurvay of the land depktad 6- 'SEC 24 — T 12 S R 4 W you should not rely upon It for eny purpose other than ROS 6587, 664 I, 91 12 o the general locaton of *at or parcels deoktedir.Rjner ' k J A120W a 'C 4.0 S_itO CARP ILLO WY— RD OP-> I0z'I7i• - 84- / 9.01 AC PA.Z 9 *0 58 AC. .4. "Amiss 222 — - -. o&er f341 \ U 5r-wL.zec u4,oe3c I CHORLITO ST 9 38 * '!' EL FUERTE ST. 1025 Di IMMMMMi __ WWAMMM __ - ma - R__ - U - U__ - - U - U__ --- - U- 0 - U- - r. Ri - Title .xpreastv di,cleirnl erry lbV for alleged loss or damage 'efsiô. awr SAh 01O C0uNY ASSSSOS MAP Bo 21 c. p o: ' A -t 5fh' ' - I . . ORDER NO. 1114128-22 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101.... P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 OCTOBER 3, 1995 UDC HOMES 438 CAMINO DEL RIO SOUTH #112B SAN DIEGO, CA r ATTN: DENNIS FERTIG YOUR REF: . UDC-RANCHO CARRILLO OUR ORDER NO. 1114128-22 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 AN DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. 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 SEPTEMBER 28, 1995 AT 7:30 A.M. flJ1'a 'z-k- MART)t4E CARDIN-ALLEN - TITLE OFFICER (DIRECT DIAL PHONE 231-4664 PAGE 1 . . ORDER NO. 1114128-22 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: MAP GUARANTEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: -. UDC HOMES, INC., A DELAWARE CORPORATION THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1995-96, NOW PAYABLE, A LIEN NOT YET DELINQUENT. 2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. 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. 4. RIGHTS OF THE PUBLIC IN AND TO ANY PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN ROADS, STREETS OR HIGHWAYS. 5. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NO. 757 ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED OCTOBER 2, 1940 IN BOOK 1068, PAGE 496 OF OFFICIAL RECORDS. PAGE 2 S . ORDER NO. 1114128-22 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. 6. AN EASEMENT FOR SEWER LINE AND APPURTENANCES AND INCIDENTAL PURPOSES IN FAVOR OF SAN MARCOS COUNTY WATER DISTRICT, RECORDED OCTOBER 1, 1968 AS FILE NO. 170268 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: AFFECTS A STRIP OF LAND 20.00 FEET WIDE IN THE EAST HALF OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, THE CENTER LINE OF SAID 20.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SAID SECTIONS 19 AND 24 WHICH IS DISTANT THEREON NORTH 0 0 03'05" WEST 551.11 FEET FROM THE QUARTER CORNER COMMON TO SAID SECTION 19 AND 24, BEING POINT "A" OF THIS DESCRIPTION; THENCE SOUTH 72 0 32'47" WEST 144.96 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE 81.62 FEET THROUGH AN ANGLE OF 9 0 21'11" TO A POINT ON SAID EASTERLY LINE OF RANCHO AGUA HEDIONDA, DISTANT NORTH 2 0 38'10" WEST 690.82 FEET FROM CORNER NO. 5 OF SAID RANCHO, BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING EASTERLY TO SAID POINT "A"; THENCE NORTH 72 0 32'47" EAST 425.99 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 138.00 FEET THROUGH AN ANGLE OF 15 0 48'48"; THENCE TANGENT TO SAID CURVE NORTH 56 0 43'59" EAST 48.56 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 134.26 FEET THROUGH AN ANGLE OF 38 0 27'41"; THENCE TANGENT TO SAID CURVE SOUTH 84 0 48'20" EAST 381.08 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 236.89 FEET THROUGH AN ANGLE OF 67 0 51'51"; THENCE TANGENT TO SAID CURVE NORTH 27 0 19'49" EAST 70.07 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 123.96 FEET THROUGH AN ANGLE OF 28 0 24'31"; THENCE TANGENT TO SAID CURVE NORTH 55 0 44'20" EAST 53.12 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 100.41 FEET THROUGH AN ANGLE OF 14 0 23; THENCE TANGENT TO SAID CURVE NORTH 41 0 21'20" EAST 40.78 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 253.62 FEET THROUGH AN ANGLE OF 36 0 19'42"; THENCE TANGENT TO SAID CURVE 77°41'02" EAST 606.59 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 43.21 FEET THROUGH AN ANGLE OF 9 0 54'13"; THENCE TANGENT TO SAID CURVE NORTH PAGE 3 . . ORDER NO. 1114128-22 87 0 35'15" EAST 387.03 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 84.60 FEET THROUGH AN ANGLE OF 19 0 23'20"; THENCE TANGENT TO SAID CURVE NORTH 68 0 11 1 55" EAST 205.33 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 95.13 FEET THROUGH AN ANGLE OF 2104810511 ; THENCE TANGENT TO SAID CURVE, EAST 102.42 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 107.19 FEET THROUGH AN ANGLE OF 24 0 34'02 11 ; THENCE TANGENT TO SAID CURVE SOUTH 65 0 25 1 58 EAST 263.37 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 130.98 FEET; THENCE AN ANGLE OF 30°01'08°; THENCE TANGENT TO SAID CURVE SOUTH 35 0 24'50" EAST 208.31 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 93.61 FEET THROUGH AN ANGLE OF 21 0 27'14 "; THENCE TANGENT TO SAID CURVE SOUTH 56 0 52'04" EAST 351.49 FEET; THENCE SOUTH 60°50'13" EAST 152.27 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 140.07 FEET THROUGH AN ANGLE OF 32 0 06'08" TO A POINT ON THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, DISTANT NORTH 000814311 EAST 744.12 FEET FROM THE SOUTHEAST CORNER OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, SAID 20.00 FOOT STRIP BEGINS IN THE EASTERLY LINE OF RANCHO AGUA HEDIONDA AND ENDS IN THE EASTERLY LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19. ALSO: A TEMPORARY 50 FOOT WIDE EASEMENT AND SLOPE RIGHT FOR CONSTRUCTION OF AN ACCESS AND CONSTRUCTION ROAD AS REQUIRED FOR THE CONSTRUCTION OF A SEWER PIPELINES IN THE EAST HALF OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, THE CENTER LINE OF SAID 50 FOOT WIDE TEMPORARY EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SECTIONS 19 AND 24 OF SAID TOWNSHIP 12 SOUTH WHICH POINT IS DISTANT THEREON NORTH 0 0 03'05" WEST, 551.11 FEET FROM THE QUARTER CORNER COMMON TO SAID SECTION 19 AND 24; THENCE NORTH 72 0 32'47" EAST, 425.99 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 138.00 FEET THROUGH AN ANGLE OF 15 0 48'48"; THENCE TANGENT TO SAID CURVE NORTH 56 0 43'59" EAST, 48.56 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 134.26 FEET THROUGH AN ANGLE OF 38 0 27'41"; THENCE TANGENT TO SAID CURVE SOUTH 84 0 48'20" EAST 381.08 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 236.89 FEET THROUGH AN ANGLE OF 67 0 51'51°; THENCE TANGENT TO SAID CURVE NORTH 27 0 19'49" PAGE 4 . . ORDER NO. 1114128-22 EAST, 70.07 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 123.96 FEET THROUGH AN ANGLE OF 28°24'31°; THENCE TANGENT TO SAID CURVE NORTH 55°44'20" EAST, 53.12 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 100.41 FEET THROUGH AN ANGLE OF 14 0 23'00"; THENCE TANGENT TO SAID CURVE NORTH 41 0 21'20" EAST 40.78 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE NORTH 41 0 21'20" EAST, 40.78 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 253.62 FEET THROUGH AN ANGLE OF 36 0 19'42"; THENCE TANGENT TO SAID CURVE NORTH 77'41'02" EAST, 606.59 FEET TO THE TRUE POINT OF BEGINNING OF SAID 50 FOOT WIDE TEMPORARY EASEMENT, SAID POINT BEING THE BEGINNING OF A 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 43.21 FEET THROUGH AN ANGLE OF 9 0 54'13"; THENCE TANGENT TO SAID CURVE NORTH 87 0 35'15" EAST, 387.03 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 84.60 FEET THROUGH AN ANGLE OF 19 0 23'20"; THENCE TANGENT TO SAID CURVE NORTH 68 0 11'55 EAST 205.33 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 95.13 FEET THROUGH AN ANGLE OF 21 0 48'05" THENCE TANGENT TO SAID CURVE EASTERLY 102.42 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 107.19 FEET THROUGH AN ANGLE OF 24 0 34'02 11 ; THENCE TANGENT TO SAID CURVE SOUTH 65 0 25'58" EAST, 263.37 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 130.98 FEET THROUGH AN ANGLE OF 30 0 01'08"; THENCE TANGENT TO SAID CURVE SOUTH 35 0 24'50" EAST, 208.31 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE NflRTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 93.61 FEET THROUGH AN ANGLE OF 21 0 27'14"; THENCE TANGENT TO SAID CURVE SOUTH 56 0 52'04" EAST, 351.49 FEET; THENCE SOUTH 60 0 50'13" EAST 152.27 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 140.07 FEET THROUGH AN ANGLE OF 32 0 06'08" TO A POINT ON THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, DISTANT NORTH 0°08'43" EAST 744.12 FEET FROM THE SOUTHEAST CORNER OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, SAID 20.00 FOOT STRIP BEGINS IN THE EASTERLY LINE OF RANCHO AGUA HEDIONDA AND ENDS IN THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19. PAGE 5 . . ORDER NO. 1114128-22 7. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED MAY 30, 1973 AS FILE NO. 73-146090 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: TWELVE (12.00) FEET IN WIDTH, BEING 6 FEET MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 24; THENCE ALONG THE NORTHERLY PROLONGATION OF THE EASTERLY LINE THEREOF NORTH 0 0 42'03" EAST 965.00 FEET; THENCE LEAVING SAID NORTHERLY PROLONGATION NORTH 38 0 52'03" EAST, 989.38 FEET; THENCE SOUTH 45 0 36'42" EAST, 1499.41 FEET; THENCE NORTH 84 0 34'00" EAST, 300.94 FEET; THENCE NORTH 884400u EAST, 752.41 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING RETRACING SOUTH 88 0 44'00" WEST TO THE EASTERLY LINE OF LOT "A" OF RANCHO AGUA }1EDIONDA ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, BEING A DISTANCE OF 325 FEET, MORE OR LESS. ALSO: THAT CERTAIN STRIP OF LAND 4.00 FEET IN WIDTH, BEING 2.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID TRUE POINT OF BEGINNING; THENCE NORTH 15 0 23'18" EAST 24.00 FEET. SAID INSTRUMENT FURTHER RECITES: "IT IS UNDERSTOOD BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY." REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 8. AN EASEMENT FOR ROAD AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD, RECORDED FEBRUARY 24, 1977 AS FILE NO. 77-068082 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 60.00 FEET IN WIDTH, FOR ROAD PURPOSES LYING WITHIN PORTIONS OF THE NORTH HALF OF SECTION 19 AND THE SOUTH HALF OF SECTION 18, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: PAGE 6 . S ORDER NO. 1114128-22 BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 19, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 19 BEARS NORTH 89°39'01" WEST; THENCE NORTH 86 0 11'20" WEST 329.50 FEET; THENCE SOUTH 15 0 16'35" WEST 1410.75 FEET; THENCE SOUTH 24 0 54'09" WEST 59.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING THE LAST MENTIONED COURSE NORTH 24 0 54'09° EAST 59.00 FEET; THENCE NORTH 21 0 31'51" WEST 238.97 FEET; THENCE NORTH 18 1 07'34" EAST 1486.58 FEET; THENCE NORTH 15 0 06'41 WEST 541.75 FEET; THENCE NORTH 14 0 36'45" EAST 733.41 FEET; THENCE NORTH 08 0 16'44" WEST 369.00 FEET, MORE OR LESS, TO A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF PALOMAR AIRPORT ROAD. 9. NOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED JUNE 29, 1978 AS FILE NO. 78-272812 OF OFFICIAL RECORDS. 10. NOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED NOVEMBER 7, 1978 AS FILE NO. 78-482579 OF OFFICIAL RECORDS. 11. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED JULY 27, 1981, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: WOODWARD COMPANIES AND AETNA CAPITAL CORPORATION AND CITY OF CARLSBAD. RECORDED: SEPTEMBER 25, 1981 AS FILE NO. 81-305686 OF OFFICIAL RECORDS. 12. NOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED JULY 20, 1982 AS FILE NO. 82-221295 OF OFFICIAL RECORDS. 13. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 9112, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 14. ANY INTEREST OF FRANCISCO TORRES, DBA FRANCISCO TORRES FARMS, IN AND TO SAID LAND AS DISCLOSED BY A FINANCING STATEMENT (SINCE RELEASED) EXECUTED BY FRANCISCO TORRES AS DEBTOR AND SECURITY PACIFIC NATIONAL BANK AS SECURED PARTY, FILED NOVEMBER 4, 1983 AS FILE NO. 83-411289 OF OFFICIAL RECORDS COVERING ALL CROPS NOW BEING GROWN OR HEREAFTER GROWN ON REAL PROPERTY DESCRIBED AS: APPROXIMATELY 95 ACRES, MORE OR LESS, OF VALLEY LAND LOCATED EAST OF EL CANINO REAL AND SOUTH OF PALOMAR AIRPORT ROAD IN THE COUNTY SAN DIEGO AND BEING SITUATED IN SECTIONS 18 & 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN. PAGE 7 . . ORDER NO. 1114128-22 15. ANY INTEREST OF THOMAS L. LOPEZ, SR. AS DISCLOSED BY FINANCING STATEMENT, RECORDED MARCH 22, 1984 AS FILE NO. 84-105389 OF OFFICIAL RECORDS. 16. AN AGREEMENT REGARDING PROPERT' DEVELOPMENT, DATED JUNE 14, 1984, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: DON E. WOODWARD AND MEISTER DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION AND CARRILLO RANCH PARTNERSHIP, A CALIFORNIA GENERALLY PARTNERSHIP. RECORDED: JULY 26, 1984 AS FILE NO. 84-284010 OF OFFICIAL RECORDS. 17. AN EASEMENT FOR A PIPELINE OR PIPELINES AND INCIDENTAL PURPOSES IN FAVOR OF SAN MARCOS COUNTY WATER DISTRICT, A PUBLIC AGENCY, RECORDED FEBRUARY 13, 1986 AS FILE NO. 86-058612 OF OFFICIAL RECORDS, LOCATED WITHIN SAID LAND AS SET FORTH THEREIN. REFERENCE IS MADE TO SAID INSTRUMENT POR FURTHER PARTICULARS. 18. AN AGREEMENT REGARDING PURCHASE OF REAL PROPERTY, DATED AUGUST 25, 1987, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: REALTY DEALERS, LTD., AN ILLINOIS LIMITED PARTNERSHIP AND RANCHO CARRILLO ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP. RECORDED: SEPTEMBER 4, 1987 AS FILE NO. 87-505325 OF OFFICIAL RECORDS. 19. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $3,720,000.00, AND ANY OTHER AMOUNTS OP OBLIGATIONS SECURED THEREBY, RECORDED SEPTEMBER 15, 1987 AS FILE NO. 87-520030 OF OFFICIAL RECORDS. DATED: SEPTEMBER 15, 1987 TRUSTOR: REALTY DEALERS, LTD., AN ILLINOIS LIMITED PARTNERSHIP TRUSTEE: CAL FED ENTERPRISES, A CALIFORNIA CORPORATION BENEFICIARY: CAL FED ENTERPRISES, A CALIFORNIA CORPORATION AN INSTRUMENT DATED NOVEMBER 7, 1990, RECORDED DECEMBER 10, 1990 AS FILE NO. 90-0655023 OF OFFICIAL RECORDS, EXECUTED BY CALIFORNIA FEDERAL BANK, A FEDERAL SAVINGS BANK, A FEDERALLY CHARTERED SAVINGS BANK AND REALTY DEALERS, LTD., AN ILLINOIS LIMITED PARTNERSHIP PURPORTS TO MODIFY THE TERMS OF THE NOTE SECURED BY SAID DEED OF TRUST AS THEREIN PROVIDED. PAGE 8 . . ORDER NO. 1114128-22 SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT RECORDED MAY 13, 1992 AS FILE NO. 1992-0291297 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED SEPTEMBER 14, 1992 AS FILE NO. 1992-0580690 OF OFFICIAL RECORDS. AN INSTRUMENT DATED MARCH 23, 1993, RECORDED APRIL 9, 1993 AS FILE NO. 1993-0219124 OF OFFICIAL RECORDS, EXECUTED BY CALIFORNIA FEDERAL BANK, A FEDERAL SAVINGS BANK AND REALTY DEALERS, LTD., AN ILLINOIS LIMITED PARTNERSHIP PURPORTS TO MODIFY THE TERMS OF THE NOTE SECURED BY SAID DEED OF TRUST AS THEREIN PROVIDED. AN INSTRUMENT DATED SEPTEMBER 13, 1994, RECORDED SEPTEMBER 21, 1994 AS FILE NO. 1994-0561932 OF OFFICIAL RECORDS, EXECUTED BY CALIFORNIA FEDERAL BANK, A FEDERAL SAVINGS BANK, A FEDERALLY CHARTERED SAVINGS BANK AND REALTY DEALERS, LTD., AN ILLINOIS LIMITED PARTNERSHIP PURPORTS TO MODIFY THE TERMS OF THE NOTE SECURED BY SAID DEED OF TRUST AS THEREIN PROVIDED. AN INSTRUMENT DATED MARCH 2, 1995, RECORDED MARCH 13, 1995 AS FILE NO. 1995-0103892 OF OFFICIAL REORDS, EXECUTED BY CALIFORNIA FEDERAL BANK, A FEDERAL SAVINGS BANK, A FEDERALLY CHARTERED SAVINGS BANK AND REALTY DEALERS, LTD., AN ILLINOIS LIMITED PARTNERSHIP PURPORTS TO MODIFY THE TERMS OF THE NOTE SECURED BY SAID DEED OF TRUST AS THEREIN PROVIDED. THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO BANK ONE, ARIZONA, NA, A NATIONAL BANKING ASSOCIATION BY MESNE ASSIGNMENTS OF RECORD. THE PRESENT INTEREST WAS ACQUIRED UNDER DOCUMENT RECORDED JUNE 30, 1995 AS FILE NO. 1995-0279815 OF OFFICIAL RECORDS. 20. THE FACT THAT SAID LAND LIES WITHIN THE "SAN MARCOS FIRE PROTECTION DISTRICT REORGANIZATION", AS DISCLOSED BY INSTRUMENT RECORDED OCTOBER 1, 1987 AS FILE NO. 87-555493 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 21. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 12232, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 22. AN EASEMENT FOR STREET AND PUBLIC UTILITY AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED MAY 13, 1992 AS FILE NO. 1992-0291297 OF OFFICIAL RECORDS, LOCATED WITHIN PARCEL 1 AS SET FORTH THEREIN. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 9 ORDER NO. 1114128-22 23. AN EASEMENT FOR DRAINAGE AND TEMPORARY CONSTRUCTION AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, RECORDED MAY 13, 1992 AS FILE NO. 1992-0291298 OF OFFICIAL RECORDS, LOCATED WITHIN PARCEL 1 AS SET FORTH THEREIN. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 24. NOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED AUGUST 17, 1994 AS FILE NO. 1994-0497667 OF OFFICIAL RECORDS. 25. 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. 26. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COPY OF THE PARTNERSHIP REFERRED TO IN THE VESTING HEREIN AND ANY AMENDMENTS THERETO. NOTE I: THE ONLY FEE CONVEYANCES IN THE PAST SIX (6) MONTHS ARE: NONE NOTE II: THIS REPORT IS PREPARATORY TO THE ISSUANCE OF AN ALTA LENDER'S POLICY OF TITLE INSURANCE. WE HAVE NO KNOWLEDGE OF ANY FACT WHICH WOULD PRECLUDE THE ISSUANCE OF SAID ALTA LENDER'S POLICY WITH INDORSEMENT NO. 100 (MODIFIED) ATTACHED. THERE IS LOCATED ON SAID LAND THE FOLLOWING: VACANT LAND INFORMATION NOTE: THE POLICY ISSUED WILL BE BASED ON SHORT TERM RATE. PAGE 10 S 0 ORDER NO. 1114128-22 1995-1996 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: 09025 221-012-09-00 $7,932.84 OPEN $7,932.84 OPEN $1,485,000.00 $-0- 09169 215-031-05-00 $1,152.86 OPEN $1,152.86 OPEN $215,000.00 $-o- $-o- 09025 222-011-05-00 $12,935.43 OPEN $12,935.43 OPEN $2,400,000.00 $-0- $-0- PAGE 11 6 O ORDER NO. 1114128-22 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF SECTIONS 18 AND 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 2 INCH IRON PIPE WITH DISC MARKED "RCE 9416" ACCEPTED AS THE NORTHWESTERLY CORNER OF LA COSTA MEADOWS UNIT NO. 3, ACCORDING TO THE MAP THEREOF NO. 7076; THENCE NORTH 0 °52'06" EAST ALONG THE WEST LINE OF SAID SECTION 19 A DISTANCE OF 1337.52 FEET AND NORTH 0 0 03'46" WEST A DISTANCE OF 1153.82 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE WEST LINE OF SAID SECTION 19 NORTH 54 0 40'00" EAST 2065.80 FEET; THENCE NORTH 8°51'23" EAST 1907.40 FEET; THENCE NORTH 21 0 26'31" WEST 30.00 FEET TO THE CENTER LINE OF ROAD SURVEY NO. 757, PALOMAR AIRPORT ROAD; THENCE NORTH 68 0 33'29" EAST ALONG SAID CENTER LINE A DISTANCE OF 723.02 FEET; THENCE LEAVING SAID CENTER LINE SOUTH 16 0 13 1 00" EAST A DISTANCE OF 1640.18 FEET TO THE EAST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 18; THENCE SOUTH 0 0 42'37" EAST ALONG SAID EAST LINE A DISTANCE OF 291.42 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 19; THENCE SOUTH 0 0 20'46" WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 498.91 FEET; THENCE LEAVING SAID EAST LINE SOUTH 85 0 50'40" WEST 749.94 FEET; THENCE SOUTH 4 0 09'20" EAST 688.38 FEET; THENCE SOUTH 85 0 50'40" WEST A DISTANCE OF 92.05 FEET TO THE BEGINNING OF A 2000.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21 0 00'00" A DISTANCE OF 733.04 FEET; THENCE SOUTH 64 0 50'40" WEST A DISTANCE OF 1165.58 FEET TO THE BEGINNING OF A TANGENT 2000.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16 0 29 1 25" A DISTANCE OF 575.62 FEET TO THE ABOVE MENTIONED WEST LINE OF SAID SECTION 19; THENCE LEAVING SAID CURVE NORTH 0 0 03'46" WEST ALONG SAID WEST LINE OF SECTION 19, A DISTANCE OF 587.94 FEET TO THE TRUE POINT OF BEGINNING. T:05/06/95 11:24:59 V: / / : : JL 00 PAGE 12 . 0 ORDER NO. 1114128-22 PARCEL 2: BEING A PORTION OF FRACTIONAL SECTION 24, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 24 AS SHOWN ON RECORD OF SURVEY 6416 ON FILE IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE ALONG THE EASTERLY LINE OF SAID SECTION 24, NORTH 00 0 03'46" WEST 1339.02 FEET TO THE SOUTHEAST CORNER OF GOVERNMENT LOT 1 OF SAID FRACTIONAL SECTION; THENCE LEAVING SAID EASTERLY LINE ALONG THE SOUTHERLY LINE OF SAID LOT 1, NORTH 89°23'12" WEST 256.29 FEET TO A POINT IN THE EASTERLY BOUNDARY OF RANCHO AGUA HEDIONDA; THENCE ALONG SAID RANCHO LINE SOUTH 02 0 38'00" EAST 1341.36 FEET TO A POINT ON THE SOUTHERLY LINE OF THE NORTHEAST QUARTER OF SAID FRACTIONAL SECTION 24; THENCE LEAV1tG SAID RANCHO LINE ALONG SAID SOUTHERLY LINE SOUTH 89 0 28'04" EAST TO THE POINT OF BEGINNING. PAGE 13 . I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Space above this line for Recorders use Parcel No. AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBUC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 11, THIS AGREEMENT is entered into this by and between UDC Homes Inc 25th day of September , 1995, (name of developer-owner) a Corporation hereinafter referred to as "Developer whose address (corporation, partnership, etc.) is 438 Camino Del Rio South, Suite 112B, San Diego, CA 92108 (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- 1989. W I T N E S S E T H: 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 Fm Approved By Qty Ccuci July 2, i-- / ?v Reso *9l-1 KJH 6DjD C5 Fm 17A 3/27195 . . WHEREAS, Developer proposed a development project as ollows: detached homes 181 single family on said Property, which development carries the proposed name of Village J & K and is hereafter referred to as Development"; and WHEREAS, Developer filed on the day of , 19, with the City a request for Tentative Tract Map, Planned Development Permit, Site Development Plan, and Environment Impact Assessment 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 2, 1991, 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: Form Approved Form I 7A By Oty Cnl July 2. 1991 rev 3/27195 Peso * 91-194/KJH . . 1. The Developer shalt pay to the City a public facilities fee in an amount not to exceed 1.82% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 1.82% 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 for use" as used in this agreement, except in reference to mobilehome 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 or occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $598 for each mobilehome space to be constructed pursuant to the Request. The fee shalt be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. Fm Approved Form l7A By City Cnal July 2, 1991 rev 3127/95 P,eso # 91-I94IKJH 3 . . 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 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 services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Request made by Developer is not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of 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 for 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 many have been designated, postage prepaid and certified. Form Approved Form hA By City Ccunl July 2. 1991 rev 3/27/95 Peso#91-194/KJH 4 . . 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and City, and references to Developer or City herein shall be deemed to be a 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 to 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 Fm 17A By Oty Counol July 2, 1991 rev 3/27195 Reso * 91-194/KIH 10 . . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: UDC Homes Inc. (name of Developer) By L~2LeOo~i (signature) (print name) (title) By (signature) CITY OF CARLSBAD, a municipal corporation of the State of California By MARTIN ORENYAK for City Manager (print name) (title) ATTEST: ALETHA L RAUTENKRANZ, City Clerk (Proper notarial acknowledgement of execution of DEVELOPER-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 Assistant City Attorney Form Approved By city CinoI ii 1 991 Peso # 91-1941KJH 1.1 Form 1 7A rev 3127195 . . EXHIBIT TMAM LEGAL DESCRIPTION Portion of Section 24, Township 12 South, Range 4 West, San Bernardino Meridian and a portion of Sections 18 and 19, Township 12 South, Range 3 West, San Bernardino Meridian, and a portion of Certificate of Compliance File/Page 87-385114 Recorded July 9, 1987 all in the City of Carlsbad, County of San Diego, State of California. Fm 17A Fm Approved rev 3127195 6v Oty Cc*jnal July 2. 1901 Peso # 91-194/KJH iAF . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO On before me, C Notary Public, personally appeared Pirc M C rz\ L r [A personally known to me - or [ proved to me on the basis of satisfactory evidence to be the person(s) whose name(9) IJare subscribed to the within instrument and acknowledged to me that 1i/she/they executed the same in h/he/their authorized capacity(ies), and that by jJherItheir 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. JOY E.DAVIN COMM. # 100B367 Z NoopiPubUc — Cofnia SAN DIEGO COUNTY (Signatue:f Notary) My Comm. Expires NOV 7 ' 1997 Fm Approved By City Council July 2. 1991 Peso # 91.194IKJH Form 17A rev 3127195 RECORDING REQUESTED BY 1613 1 WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ) ) ) ) ) Space above this line for Recorder's use Parcel No. 221-012-09, 22201105, 215-031-05 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 THIS AGREEMENT is entered into this t day of by and between Realty Dealers, Ltd. RECEIVED JAN 1 1993 (name of developer-owner 5 IDEM a partnership C[ITY.OF CALF;'D (Corporation, partnership, etc.) hereinafter referred to as "Developer" whose is 438 Camino Del Rio South, Suite 112-B, San Diego, CA 92108 (Street) (City, state, zip code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as City", who address is 1200 Elm Avenue, Carlsbad,, California, 92208. W IT N E S S ET H: WHEREAS, Developer is the owner of the real property described on Exhibit "A 11:, 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 proposed a development project as follows: on said Property, which development carried the proposed name of Carrillo Ranch Village J ( A and is hereafter referred to aeveloment"; and WHEREAS, Developer filed on the /j day of 7vtcr f??? with the City a request for a tentative subdivision map for 65 residential lots 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 2, 1991, 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 proposed 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 1.82% of the building permit valuation of the building or structures to be 11 * - constructed in the Developmeursuant to the Request. The fee so be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into - condominiums in an amount not the exceed 1.82% 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 Muniéipai Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use": as used in this agreement, except in reference to mobilehome 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 or occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $598 for each mobilehome 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, dedicates or improvements requires 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 be come a part of this agreement. Sites donated under this paragiaph shall not include improvements required pursuant to Titles 18or 20 of the * Carlsbad Municipal Code. . 0 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 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 services sufficient to accommodate the needs of the Development herein described. 6. All obligation hereunder shall terminate in the event the Requests made by Developer are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of 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 for attention of the City 11 Manager, postage prepaid and tifled. 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 many have been designated, postage prepaid and certified. - 8. This agreement shall be binding upon and shall ensure to the benefit of, and shall appeal to, the respective successors and assigns of Developer and the City, and References to Developer or City herein shall be deemed to be referenced to and 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 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. I/I I/I I/I I/I /1/ . I IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: (n e) By: (Title) CITY OF CARLSBAD, a municipal corporation of the State of California By: MARTIN ORENYAK For City Manager (Tide) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: (Individual) STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO On JANUARY 14, 1993 beforeme, GLORIAV.CRUZ a Notary Public in and for said State, personally appeared HERBERT H. PALMTAG (known to me) (or proved to me on the basis of satisfactory evidence) to be the person whose name IS_ subscribed- to the within instrument and acknowledged that he executed the same. - WITNESS my hand and official seal. OFFICIAL SEAl. GLORIA V. CRUZ Signature SAN DECO COUNTY LCommission, I - MAY 12, 1995 Form 3213 (CA 12-82) (This area for official notarial Seal) EXH1BF "A" LEGAL DESCRIPTION A PORTION OF SECTIONS 18 AND 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. 0 Form Approved By City Council April 22, 1986 Reso. No. 9169 8 I STATEMENT OF AGREEMENT RCE1VED TENTATIVE SUBDIVISION MAP JAN 1 5 1993 CITY OF CARLSBAD CTY O F CAL 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. Signature 0 Date 4 ~ -_~ - Name (Print) Relationip to Application (Property Owner-Agent) FORM: PLANNING 37. REVISED 3/80 'RECORDING REQUESTED B AND WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 iA4151993 crrv OF CALD )E PT. Space above this line for Recorder's use Parcel No. 221-012-09, 222-011-05, 215-031-05 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 THIS AGREEMENT is entered into this / day of _7cec#Y t??3 by and between Realty Dealers, Ltd. (name of developer-owner) a partnership , hereinafter referred to as "Developer" whose address (Corporation, partnership, etc.) is 438 Camino Del Rio South, Suite 112-B, San Diego, CA 92108 (street) (City, state, zip code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", who address is 1200 Elm Avenue, Carlsbad,, California, 92208. W IT N E S S ET H: 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 proposed a development project as follows: on said Property, which development carried the proposed name of Carrillo Ranch Village J (' and is hereafter referred to 'Development"; and - WHEREAS, Developer filed on the 15 day of - ce oy 1ff? with the City a request for a tentative subdivision map for 65 residential lots 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 2, 1991, 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 proposed 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 1.82% of the building permit valuation of the building..or structures to be constructed in the Develop•t pursuant to the Request. The fe•alI be paid prior to the issuance of building or other construction permits for the development and shall be. based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not the exceed 1.82% 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 Munielpàl Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use": as used in this agreement, except in reference to mobilehome 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 or occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $598 for each mobilehome 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, dedicates or improvements requires 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 be come a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18or 20 of the Carlsbad Municipal Code. I.. 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 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 services sufficient to accommodate the needs of the Development herein described. 6. All obligation hereunder shall terminate in the event the Requests made by Developer ère not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of 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 for attention of the City Manager, postage prepaid aiIertified. I 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 many have been designated, postage prepaid and certified. - 8. This agreement shall be binding upon and shall ensure to the benefit of, and shall appeal to, the respective successors and assigns of Developer and the City, and References to Developer or City herein shall be deemed to be referenced to and 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 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. I/I I/I 11/ I/I I/I I/I I/I . . ....... . -.-.--.-.- - ...- ....- .....- ..... /1/ ..' . .. ...-.... . .. 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 California (name) By: By: /L I MARTIN ORENYAK 'd16 For City Manager (Title) By: (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: RONALD G. BALL City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) Form Approved By City Council April 22, 1986 Reso. No. 9169 7 S '1 3 STATE OF_CALIFORNIA 1 ss. COUNTY OF SAN DIEGO Imutu IlluMurtlInI w 'U U- 0. . On January 14, 1-993before me, GLORIA V. CRUZ, (Name, title of ofllcer-l.e., Jane Doe, Notary Public') Notary Public personally appeared HERBERT N. PALMTAG personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose _______ name) is/a]ubscribed to the within instrument and acknowledged to me that he/Iy executed the same in his/1ir authorized capacityo), and that by his/1(tir signature) on the instrument the persona), or the entity upon behalf of whic the person( acted, executed the instrument. WITNESS my hand and official seaJ, V /'? (Seal) MKNOWLEDGMENT—All Purpose with R rpM—lAicico(ts Form 63238—Rev, 12-92 01992WOLCOTIS FORMS. INC. (price class 82) OFFICIAL SEAL GLORIA V. CRUZ NOTAIW PU8UC-CALFOA SAN DEW COUN1Y ViVJ My Cominl,sion Expims MAY 12, 1995 -. - - - - Signaturq II , 'V •,_ I a EXHIBF AU LEGAL DESCRIPTION A PORTION OF SECTIONS 18 AND 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ç 2394 OF Form Approved By City CounCilApril 2ZI986 Reso. No. 9169 8 / S 3O2O DOf 1999_0824043 1 DEC 21P 1999 11:08 AM RECORbING REQUESTED BY City of Carlsbad WHEN RECORDED MAIL TO: City of Carlsbad City Clerk's Office Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITHS COUNTY RECORDER FEES: 82.00 1111111111111111111111111111 1999-0824043 (11101 E SPA CE FOR RECORDER'S USE) FIRST AMENDED AND RESTATED AFFORDABLE I LOUSiNG AGREEMENT IMPOSING $TRICTIONS ON REAL PROPERTY This FIRST AMENDEI) AND RESTATED AFFORDABLE 1-t0USING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY ("Agreement"), entend into this J'1 day of 1998, by and between the CITY OF CARLSBAD, . nunicipa1 corporatiori (City"), and CONTINENTAL RANCI-i INC., a Delaware corporatIon. ("Developer"), is made with reference to the following: A. Developer is the owner of certain real property in the City of Car1bad. in the County of San Diego, California ("Subject Property') described in "Attachment ." which is attached hereto and incorporated herein by this reference. B. •City and Developer Jiave pxeviouly entered into that certain Afibrdahle Housing Agreement Imposing Restrictions on Rea.l Property thited hrut'f1Wfl 13 1998 ("Initial Agreement"), which was recorded on Z3 , 1998, in the Official Records of Saii I)iego County as Document No. 1998- Ofto 2_ Z. . city and Developer want to amend and restate the IA" ent by this Agreement to provide for the orderly and efficient development of tle - Subject Property with the City's Inclusioiiaiy 1-JousingOrdinance. C. Developer wisies to construct 1.108 residential units and fifty (50) secondary dwelling units ("Phase 1 of the Master Development') on a portion of the Subject Property. The City has approved the Rancho Carrillo Master Plan ("Master Plan"): Carlsbad Tract Map Numbers CT 93-01, CT 93-04, CT 93-07, CT 93-08 and CT 95-06 Planned Unit Development Nwhbers PUD 93-06, PUD 93-07, PUD 95-04 AND PUD 95-05; and, Site Development Plan Numbers SI)P 94-01, SDP 95-12 and SDP 95-13 for the "Master Development" of the Subject Property. The City issued these approvals subject to certain Conditions of Approval, including a condition requiring fifteen percent (15%) of the units in the Master Development to be affordable housing as required by the City's Inclusionary Housing Ordinance, Carlsbad Municipal Code Chapter 21.85 ("CMC Chapter 21.85"). In that regard, this Agreement, as supplemented and amended from time to time, is intended to implement the requirements imposed by CMC Chapter 21.85 for these approvals and all future City approvals of tentative maps, planned development permits and site development plans pursuant to the Master Plan. D. Developer has indicated that it intends to meet its inclusionary housing requirement (i) for Phase I of the Master Development by constructing, or causing to be constructed, 116 units within Village B of the Master Plan and (ii) for a portion of the balance of the Master Development by constructing, or causing to be constructed, 50 secondary dwelling units dispersed throughout the Master Development. 12/04/98 Rancho Carrillo AHA Final2 . .202! E. Developer is required by the Conditions of Approval to enter into an Affordable Housing Agreement as required and with the content specified by CMC Chapter 21.85. This Agreement is an Affordable Housing Agreement pursuant to CMC Section 21.85.020(2), and shall be signed prior to the approval of additional Final Maps for the Subject Property. The Initial Agreement permitted the approval of Final Maps for 775 dwelling units for the Subject Property, which included 116 affordable housing rental units. This Agreement shall permit the approval of Final Maps for up to 1,158 dwelling units for the Subject Property, which includes a total of 166 affordable housing rental units. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Incorporation of Recitals; Amendment and Restatement of Initial Agreement. The Recitals are hereby incorporated in this Agreement. The Initial Agreement is hereby superseded and amended and restated in its entirety by this Agreement. 2. Satisfaction of Affordable Housina Ohthiation and Conditions of Approval. In order to satisfy the Conditions of Approval oiCT 93-01.:C-T ­93-04. CT 93-07, CT 93-08, CT 95-06 and future tentative maps approved by the city within the MasferPlan, and the requirements of CMC Chapter 21.85, Developer shall cause a minimum Qf one hundred sixteen (116) multifamily dwelling units and a maximum of fifty (50) secondary dwelling uhits of.Phasc I of the Master I)evelopnicnt to be affordable to lower- income households (the Affordab1e Units"), according to the schedule and terms contained herein. 3. Number and Type of Affordable Units. Developer shall construct. or cause to be constructed, onehundred i4i,xteen (1 16) multifamily dwelling units ("Affordable Multifamily Units") and a maximum of fifty (50) secondary dwelling units ("Affordable Second Dwellirg Units"). 4. Terms Governing Provision of Affordable Multifamily Units. Provision of the Affordable Multifamily Units shall be governed by the following terms: 4.1 Location of Multifamily Units The Phase 1 Affordable Multilimily Units shall consist of one hundred sixteen (1.16) units to be çonmicted within Village B of the Master Development. The Affordable Second Dwelling Units shall be consthtcted within.Vihlages G, :1-1, J. K. M, Q and R of the Master Development. 4.2 Size and Bedroom,Count. Thhse 1 Affordable Multifamily Units shall include one, two and three bedroom units in the numbers and with the square footages indicated in "Attachment B" to this Agreement. The Affordable Second Dwelling Units shall include studios and one bedrooms in the numbers and with the square footages indicated in "Attachment B" to this Agreement. 4.3 . Affordability Retiuirements. The Phase I AlThrdableMultifamily Units shall be restricted to occupancy by households with incomes, at the time 01' initial occupancy, that do not exceed 50%, 60%, or 80%of the median income for San Diego County, adjusted for actual household size. Twenty percent (20%) of the Phase 1 Aftbrdahle Multifamily Units shall be afthrdable to households with incomes, at the time of initial occupancy, that do not exceed 50% of the median income for San Diego County, adjusted for actual household size; forty percent (40%) of the Phase I Affordable Multifamily Units shall be affordable to households with incomes not exceeding 60% of the median income; and forty percent (40%) of the Phase 1 Affordable Multifamily Units shall be affordable to households with incomes not exceeding 80% of the median income. Monthly rents (including utility allowance as published by the United States Department of Housing and Urban Development) of the Affordable Multifamily Units shall not exceed 1112th of 30% of the designated percentage of median income for San Diego County, adjusted for assumed household size appropriate for the unit. Second Dwelling Units are not required to be rented. However, if rented, the monthly rents (including utility allowance as published by the United States Department of Housing and Urban Development) for the Affordable Second Dwelling Units shall not exceed 11120' of 30% of 80% of the median income for San Diego County, adjusted for assumed household size appropriate for the unit. Median income figures shall be those published annually by the United States Department of Housing and Urban Development. Assumed household size figures shall be provided to Developer by the City of Carlsbad Housing and Redevelopment Department. With respect to each Affordable Multifamily 12/04/98 Rancho Carrillo AHA Final2 S . 3o Unit and Affordable Second Dwelling Unit, the affordability requirements of this Section 4.3 shall continue for fifty-five (55) years from the date of issuance of a Certificate of Occupancy by the City for such unit. The affordability requirements of this Section 4.3 shall be set forth in the Regulatory Agreement between the Developer or its successor and the City, provided for in Section 4.7.4 below, which shall supersede this Agreement with respect to the Phase 1 Affordable Multifamily Units upon recordation of the Regulatory Agreement. 4.4 Affordable Housing Developer. Developer has indicated it will contract with an affordable housing developer to develop and construct the Phase 1 portion of the Affordable Multifamily Units to be constructed in Village B. Developer shall obtain prior City approval of the developer and proposed development agreement for the units ("Affordable Housing Development Agreement"). The Affordable Housing Development Agreement shall describe with particularity the financial arrangements for the construction of the Affordable Multifamily Units, the restrictions applicable to the Affordable Multifamily Units and the record keeping obligations for the management of the units. Developer or guest builders shall construct the Aflbrdable Second Dwelling Units. Property owner must sign affidavits of compliance prior to the issuance of the required Second Dwelling Unit Administrative Permits. The affidavits shall be provided to all perspective home buyers prior to entering into a sales contract for the property. 4.5 Scheclitle for DevelOpin Aflbrdabi Multifhmilv Units. Developer shall provide the Affordable Second Dwelling Units concurrently with the related single family home construction. The Affordable Multifamily Uriif shall be developed pursuant to the Ibhiowing schedule: 4,5.1,,' .5.1 Prior to the approval of any additional Final Maps for the Master Development, the following shall be in place: -' 4.5.1.1 This Agreement shall be duly signed and recorded against the Subject Property. 4.5.1.2 A Site Development Plan shail be approved for the Phase 1 Affordable ~4ultt-~~mily Units. City hereby agrees to priority process the Site Developme n for the Phase I Affordable Miltffamily Units. 4.5.1.3 Site Devel entPlat 9-12 shall he approved for the Phase 1 A.f!brdable SecOid Dwelling Units. 4.5.2 Afler this Agreement is duly signed and recorded.àgainst the Subject Property, building permits shall not be issued for more than 400, or 34%, of the total market rate units included in l'hasc I of the Master Dcvelopmnt prior to the Phase 1 Affordable Multilinnily Units (116 total) in Village B beink under construction. For purposes of this Agreement, "under construction" mean approval and issuance of the building permits and completion of inspection(s) for the foundation(s) for the initial phase of the Phase 1 A tiord able Multifamily Units., The 400. or 34%, of the total building permits for market rate units included in Phase I of the Master Development may be allocated among the villages in Phase 1 of the Master Development in any combination as Developer determines in its sole discretion. The total number of building permits which may be issued for market rate units may be increased by seven (7) permits for each additional one (1) Affordable Second Dwelling Unit Administrative Permit approved and issued by the City of Carlsbad. The Developer shall at the time a residential structure is constructed on the Affordable Housing Lot identified for the second dwelling unit, include in such residential structure the required Second Dwelling Unit. 4.5.3 Building permits shall not be issued for more than 754, or 76%, of the total of the market rate units included in Phase 1 of the Master Development prior to completion of the construction of the Phase 1 Affordable Multifamily Units in Village B (116 units total). After final inspection is complete by the Building Department and a final 12/04/98 Rancho Carrillo AHA FinaI2 S 33 Certificate of Occupancy is issued, for the Phase 1 Affordable Multifamily Units (116 total), building permits may be obtained for the remaining 238 market rate units in Phase 1 of the Master Development, for a total of 1,158 dwelling units in the Master Development ( 992 market rate units + 166 Affordable Multifamily Units and Affordable Second Dwelling Units). The total number of building permits which may be issued for market rate units may be increased by seven (7) permits for each additional one (1) Affordable Second Dwelling Unit Administrative Permit approved and issued by the City of Carlsbad. The Developer shall at the time a residential structure is constructed on the Affordable Housing Lot identified for the second dwelling unit, include in such residential structure the required Second Dwelling Unit. 4.5.4 The Initial Agreement permitted the approval of a final map or maps for 775 dwelling units. After Site Development Plan 98-12 is approved for the Affordable Second Dwelling Unils and this Agreement is duly signed and recorded against the Subject Property, a final mp or maps may be approved for 1,158 dwelling units (992 market rate units + 166 affordable units, including a maxinuini of 50 second dwelling units). 4.5.5 Building permits shall not be issued for more than 1.158 of the dwelling units of the M'aster Development prior to the approval of a Site r)evelopment Plan and subsequent atnenment to this Affordable Rousing Agreement for the Phase 2 Affordable Multifamily Units in Village B. city hereby agrees to priority process the Site Development Plan for the Phase 2 Affordable MultiFamily units. I6 Compliance Report. Following completion of construction of the Phase 1 Affordable Multifamily Units, a Compliance Report meeting thi requirements of C CM Section 21.85.180, verifying compliance of the completed Phase I Affordable Multifamily Units with the terms of this Agreement and certilid as correct by a third-party, shall be submitted an '411y to the Housing and Redevelopment Director. If similar reports on the Pbasc 1 Affordable Multifamily Units are required for regulatory compliance with other financing programs, thoe reports maybe deemed satisfactory for the purpose of this section by the Housing and Redevelopnint DirectOr, with respect to the Phase 1 Affordable Multifamily Units coVered by such reports. provided that copies of those reports are provided on an annual basis to the Housing and Redevelopment Director with a third party certification addressed to the City. 4.7 cw Approval of Documents, ?1he following documents, in form and substance acceptable to the City, shall be used in connection with the rental of the Phase 1 Affordable Multifamily Units. Such documents shall be prepared by the Developer or its successor and shall he submitted to the Housing and Redevelopment Director for review and approval no later than the commencement of construction of the Phase I Affordable Multi t'amilv Units: 4.7.1, A marketing plan establishing the process for seeking, selecting and determining the eligibil ity of tenants of the Phase 1 4ffordable Multifamily Units. 4.7.2 A form, of gental 4.7.3 A property management plan. 4.7.4 A form of regulatory agreement between the Developer or its successor and the City ("Regulatory Agreement"). 5. Terms Regarding Provision of Affordable Second Dwelling Units. Provision of the Affordable Second Dwelling Units shall be governed by the following terms: 5.1 Location of Units. The Affordable Second Dwelling Units shall be located in the villages of the Master Plan as approved in Site Development Plan 98-12. The lots identified as including an Affordable Second Dwelling Unit shall be required to have an approved Administrative Permit in 12/04/98 Rancho Carrillo AHA Final2 . 3041 compliance with the requirements of CMC Section 21.10.015, unless otherwise approved by the Community Development Director, prior to construction on the lot. 5.1.1 Subject to the approval of the Planning Director, up to fifty percent (50%) of the Affordable Second Dwelling Units in Villages G, K, M, Q-2, Q-4 and R of the Master Development may be relocated within the same village at the time of approval of the Affordable Second Dwelling Unit Administrative Permit, subject to compliance with all requirements of CMC Section 21.10.015 and the Housing Commission's Guidelines for Development of Second Dwelling Units. Affordable Second Dwelling Units must be dispersed throughout the villages similarly to the dispersal shown on Exhibit "A" of Site Development Plan 98-12. 5.1.2 If the City determines that the proposed revisions to the locations of Affordable Second Dwelling Units necesitatcs an amendment to this Agreement, then the proposed amendment, and any necessary modi.Ecatjons to exhibits to reflect the ~ endment ,,shall be administratively approved by th Community Development Director. appliaion for thistype the signature of the owner of the ticular phase o f a village in which the revision wlI occur. Any proposed revision shall be in compliance with all requirements of CMC Section 21.10.015 and the Housing it of Second I At the time of review of the Afforda i4tvo, Permit, the Planning Diteötor shall determth We11ng Units in the Master Plax, are in conforma 'tiori 21.16-,015 and the lroiisrng Commission's G *lling Units. In addition, the secónd dwelling ur, veloped as set forth in th approved SDP 98-12" eloped in Villages G, K, M, .Q-2, Q-4 and R_sh1l with the prototypical uiiit approved by Sii De iive its own separate entrance, 1àve a hookup 'for a i2e+q33 square feet in Villages G aiicI K only tVi1lgM, Q2, Q4 and R. 5.2 Schedule of Dëlopmënt of Seccitid Dwellin Dwelling Units shall be constructed in the normal course of development units included within the Master Development. The Affordable Secon d.-,V according to the schedule fbr--r"dnst ,t_.'u(,,6ng the market rate single4m construction of the Affordable SeLond Dv elling Units shall be reasabl of the market rate single-family units. $iDwelling Unit 4p1Oed Affordable with eiirements of h4Xelopment of n Vi1lges fl, J and Q-1 )J44b1e J~~Obpd Dwelling design and 8-12. Each ,het at' dfyet and have a :size of 432 fordable Second e single-family h11 be constructed ded, however, the to the construction 6. Release of uhjePnert; From Agreement. Tlj. eiánts and conditions herein contained shall apply to and bind the hirs 3 executors ad nisatoxs suessors, transferees and assignees of all the parties having or acquiring any right, tilie or ititeresi in or to any part of the Subject Property, and shall run with and burden the Subject Property until terminated in accordance with the provisions hereof. Prior to the issuance of building permits, Developer shall expressly make the conditions and covenants contained in this Agreement a part of any deed or other instrument conveying any interest in the Subject Property. Notwithstanding anything to the contrary set forth in this Agreement, individual purchasers of single-family units pursuant to an approved public report in compliance with the California Subdivided Lands Act, and mortgage lenders holding deeds of trust on such individual units after sale to such purchasers, shall not be subject to the terms of this Agreement; and the terms of this Agreement shall be of no further force or effect with respect to such completed unit on the date of the recordation of a deed to the individual purchaser. Upon allocation by the Developer of the building permits for the first 400 market rate units among the villages in Phase 1 of the Master Development, in any combination as Developer determines in its sole discretion, then those 400 market rate units shall be released from the burdens of this Agreement. Upon allocation by the Developer of the building permits for the 401" through 755th market rate units among the villages in Phase 1 of the Master Development, in any combination as Developer 12/04/98 Rancho Carrillo AFIA FinaI2 9. - . . Developer will indemnity and hold hannle$ officers, employees and agents in their ademnitees"), andany of thorn, fromnd against sustained or incurred because of or by -reason of Rd executions for damages of any and every,'] ,allegedly caused by, arising out of or relating ii to this Agreement, and ball protect and det'eiid 13 as to amount ii cqkity (hereinafter ;S ollb'skd loss and all Lfld all cilau'ns, demands, ay-W1ømever and of . 25 determines in its sole discretion, and after the Phase 1 Affordable Multifamily Units (116 total) in Village B are under construction, then the 401 " through 755th market rate units shall be released from the burdens of this Agreement. After final inspection is complete, or a final Certificate of Occupancy is issued, for the Phase 1 Affordable Multifamily Units, then the remaining 238 market rate units in Phase 1 of the Master Development shall be released from the burdens of this Agreement. Appropriate adjustments shall be made in the number of market rate units released from the burdens of this Agreement consistent with the increases in building permits pursuant to Subparagraph 4.5.3 above. 7. Default. Failure of Developer to cure any default in Developer's obligations under the terms of this Agreement within ninety (90) days after the delivery of a notice of default from the City (or where the default is of a nature which cannot be cured within such ninety (90) day period, the failure of Developer to commence to cure such default within the ninety (90) day period or Developer's failure to proceed diligently to complete the cure ol' such a default within a reasonable time period) will constitute a breach of this Agreement and therequirements of Carlsbad Municipal Code Chapter 21.85 and the City may exercise any and all remedies available to it with respect to Developer's failure to satisfy the Conditions of Approval and chapter 21.85 of the Carlsbad Municipal ('ode, including, but not limited to, the withholding of building permits for the market rate units within the Master Plan, 8. Appointment ol Other Agencies. At its sole discretion, the City may designate, appoint or contract with any other public agency. for-profit or non-profit organization to perfbrm the City's obligations under this Agreement. City and its collectively r damage (mci suits, actions whenever m actions or de with respect I 10. Ii their) expense, Multifamily Uniti1 Five Million Dollrs contract liability â1I4 successors) from an in the State, with a curr endorsement which so for the Phase 1 Afford iirethits4ieveloper -(or its success Or 6 -uc9 general liability inurnce for developmenl iinitees as-:additional nainèd insureds with -fr bodily injury, and death and prop and completed operations purchased 1y D inpany dtjly licensed to engage in ihe busine Key Rating of not 1es than A-V. such ips and deliveted to the City Clerk prior to thei th1Tøly Units. - ssors) shall obtain, at its (or of the Phase 1 Affordable regale limits of not less than nage, including coverage for eloper (Or its successor or of issuing such insurance in ancc to be evidenced by an iancc of any building permit 11. Notices. All notices re d-ppxstit),t to this, Aethent shall be in writing and may be given by personal delivery or by registered ot certified mail, return receipt requested, to the party to receive such notice at the addresses set forth below: To the City of Carlsbad: To the Developer: 12/04/98 Rancho Carrillo AHA Final2 CITY OF CARLSBAD Housing and Redevelopment Department Attn: Housing and Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 CONTINENTAL RANCH, INC. Attn: Dave Lother 12230 El Camino Real, Suite 300 San Diego, California 92130 . 3006 Any party may change its address to which notices are to be sent by notifying the other party of the new address, in the manner set forth above. 12. Integrated Agreement. This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 13. Duration of Agreement. This Agreement shall remain in effect for 55 years following the date certificates of occupancy have been issued for all Affordable Units. 14. Recording of Agreement. The parties hereto shall cause this Agreement to be recorded against the Subject Property in the Official Records of the County of San Diego. 15. Severability. In the restriction, covenant or provision contained in this Agreement is to be hic1 invalid, *'Old ot 1menforQable by any court of competent junsdiction, the remaining pztions otbi geennt s5hal iwverthelesb*id remain in full force and effect. T IN WITNEiS 1,VflREOF the prtis beteto 1a catict this Agremeit to be signed as of the day and year firstboye Wtittenq DEVELOPER CITY: CONTINENTAL RANCH INC. CITY OF CARLSBM), a mimipa1 corporation a Delaware coQratjon By 'C*4 ? :4 By its:J'ii P4 MAR Community 1)e1opmitPitc$t By - Its:&i Approved a to for. RO DRB\LL City ttorney 12/04/98 Rancho Carrillo AHA Final2 • 3027 CALIFORNIA ALL-PURPOS ACKNOWLEDGMENT O State of rcd r(b rn-t~ County of L'U41 4_11 (. On Jauu tz ry) 13 qq before me, Vr/y M Reyizoco, AJiyPth)i, at . Nam and Title of Officer ( .g., Jane Doe, Notary Public") personally appeared / 1-o+hi'r a4-1 Sre4 Ha -hns Name(s) of Signer(s) E'ersonally known to me Ci proved to me on the basis of satisfactory evidence t,_~j~z BEVERLY IA. RE'VN000 ccmMsslon #1 3392O NOtObC—CdWOfl ,_ Ft% ('fWIfV I to be the person(s) whose name(s) iesubscribed to the within instrument and acknowle dged to me that hLske4 executed the same in 1.'W44e69 authorized capacity(ies), and that by hi&her/ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. My Comm BOW Apt WITNESS my hand and official seal. jI4 1 — nature /f Notapf(Ic Though the information below is not required by law, it may prove valuable to persons relying oni 'e document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: Individual Corporate Officer Title(s): Partner - Ci Limited Ci General Attorney-in-Fact Trustee Guardian or Conservator Other: Signer's Name: Individual I Corporate Officer Title(s): Partner - Ci Limited Ci General Attorney-in-Fact Trustee Guardian or Conservator I Other: I IMES RIGHT THUMBPRINT OF SIGNER lop ol llum,3 ere Signer Is Representing: Signer Is Representing: © 1996 National Notary Association • 8236 Renimet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 . 3.s ATTACHMENT "A" (Subject Property) VAIN 5620 Friars Road San Diego California 92110-2596 (619)291-0707 3029 RICK ENGINEERING COMY J-1 2987 RANCHO CARRILLO, EXCLUDING PARK SITES, SCHOOL SITE AND PORTIONS OF VILLAGE "J" By: RB/jb.002 Date: September 29, 1998 Page 1 of 6 Legal Description IC Ref._____________ Co. Order Na. Date Descr. Rev. By A parcel of land being a portion of the Southerly one half of Section 18 and a portion of Section 19, Township 12 South, Range 3 West, San Bernardino Meridian and a portion of Fractional Section 13 and a portion of Fractional Section 24, Township 12 South, Range 4 West, San Bernardino Meridian, City of Carlsbad, County of San Diego, State of California described as follows: Beginning at a point on the Westerly boundary line of Record of Survey No. 9112 on file in the Office of the County Recorder of said County of San Diego, said point also being on the centerline of Palomar Airport Road and the beginning of a non-tangent 1200.00 foot radius curve concave Southwesterly, to which a radial line bears North 02 003'04" East; thence leaving said Westerly line and along said centerline Southeasterly along the arc of said curve through a central angle of 20 0 13'34" a distance of 423.61 feet; thence South 67°43122" East 1328.80 feet to the beginning of a tangent 1000.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 03'09'32" a distance of 55.13 feet to the beginning of a non-tangent 2263.00 foot radius curve concave Northerly to which a radial line bears North 08 0 33'46" East; thence Easterly along the arc of said curve through a central angle of 16°17'25" a distance of 643.41 feet to the beginning of a non-tangent 1000.00 foot radius curve concave Northwesterly to which a radial line bears North 18°16'59" West; thence Northeasterly along the arc of said curve through a central angle of 03°09'32" a distance of 55.13 feet; thence North 68 033'29" East 1525.56 feet to the beginning of a tangent 6000.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 05°39'05" a distance of 591.81 feet; thence North 74 1 12'34" East 454.40 feet to the beginning of a tangent 3000:00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 000 52'58" a distance of 46.22 feet to a point on the Easterly boundary line of said Record RE1O3 4189 5620 Friars Road San Diego California 92110.2596 (619)291.0707 IJCK ENGINEERING COhSNY J-1 2987 RANCHO CARRILLO, EXCLUDING PARK SITES, SCHOOL SITE AND PORTIONS OF VILLAGE "J" By: RBIjb.002 Date: September 29, 1998 Page 2 of 6 Legal Description TC Ref.______________ Co. Order No. Date Descr. Rev. By of Survey No. 9112; thence leaving said centerline and Southerly, Westerly and Northerly along the boundary lines of said Record of Survey the following courses: South 00°39'50" West 2492.24 feet; thence South 00008123h1 West 2669.98 feet; thence South 00 °07'39" West 1335.81 feet; thence North 89 045'39" West 1314.12 feet; thence North 89 048'08" West 1248.20 feet; thence North 89°46 141 " West 1848.74 feet; thence South 00 °514& West 431.07 feet to the beginning of a non-tangent 900.00 foot radius curve concave Northeasterly, to which a radial line bears South 15°05'10" West; thence Northwesterly along the arc of said curve through a central angle of 01 0441500 a distance of 27.45 feet; thence North 73 0 10'00" West 120.00 feet to the beginning of a tangent 900.00 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve through a central angle of 29 032'00" a distance of 463.91 feet; thence South 46 022'00" West 82.83 feet to the beginning of a tangent 150.00 foot radius curve concave Northerly; thence Westerly along the arc of said curve through a central angle of 82 0 18'00" a distance of 215.46 feet; thence North 51 02010011 West 440.25 feet to the beginning of a tangent 700.00 foot radius curve concave Northeasterly; thence Northwesterly along th arc of said curve through a central angle of 19 020'00" a distance of 236.20 feet; thence North 32 000'00" West 425.00 feet to the beginning of a tangent 750.00 foot radius curve concave Southwesterly; thence Northwesterly along the arc of said curve through a central angle of 57°17'44" a distance of 750.00 feet; thence North 89 0 17'44" West 480.00 feet; thence North 00041'42" East 205.09 feet; thence South 89°2646" East 2458.80 feet; thence North 02 038'00" West 5065.02 feet to the Point of Beginning. Excepting therefrom the following described parcels of land: (Existing Park Site 1) Commencing at the Southeast corner of said Record of Survey No. 9112; thence North RE1O3 4189 r 5620 Friars Road San Diego California 92110-2596 (619)291-0707 3031 • RICK ENGINEERING COM*TY J-12987 RANCHO CARRILLO, EXCLUDING PARK SITES, SCHOOL SITE AND PORTIONS OF VILLAGE "J" By: RB/jb.002 Date: September 29, 1998 Page 3 of 6 Legal Description IC Ref. I Co. Order No. Date Descr. Rev. By 00°07'39" East along the Easterly line thereof 1335.81 feet; thence leaving said Easterly line North 89 046'11 " West 1308.84 feet; thence North 00 021'00" East 1398.14 feet; thence North 89 039'00" West 542.11 feet to the TRUE POINT OF BEGINNING, being a point on that certain document granted to the City of Carlsbad on February 24,1977 as File/Page 77-068081; thence along said document the following courses: South 36 0 15'49 West 408.00 feet; South 05°10'15" East 176.66 feet; South 06°32'57" West 225.02 feet; South 79 1 55'36" East 228.30 feet; South 32 0 22'19" East 107.90 feet; South 19 016'22" West 68.69 feet; South 76 050'48" West 575.23 feet; North 48°5158" West 291.10 feet; North 160 01'37" East 549.47 feet; North 49 0 5858" East 494.91 feet; North 8505014011 East 240.49 feet to the TRUE POINT OF BEGINNING. (Existing Park Site 2) That parcel of land described in that document recorded November .4, 1997 as Document No. 97-0554155 and being a portion of Parcel 2 of Certificate of Compliance, Document No. 94-0497667 in the City of Carlsbad, both on file in the Office of the County Recorder of San Diego County, State of California described as follows: Beginning at an angle point in the Southeasterly line of said Parcel 2 formed by the intersection of the two courses: North 85050140 East 92.05 feet, North 04'09'20" West 326.97 feet; thence along said Southeasterly line the following courses: South 85 0 50'40" West 92.05 feet to the beginning of a tangent 2000.00 foot radius curve concave Southerly; thence Westerly along the arc of said curve through a central angle of 02 0 22'02" a distance of 82.63 feet; thence leaving said Southeasterly line North 50 0 32'05" East 214.03 feet to said Southeasterly line; thence along said Southeasterly line South 04°09'20" East 122.00 feet to the Point of Beginning. REIO3 4189 3032 5620 Friars Road San Diego California 92110-2596 (619)291-0707 • RICK ENGINEERING COMY J-1 2987 RANCHO CARRILLO, EXCLUDING PARK SITES, SCHOOL SITE AND PORTIONS OF VILLAGE "J" By: RB/jb.002 Date: September 29, 1998 Page 4 of 6 Legal Description IC Ref.______________ Co. Order No. Date Deacr. Rev. By (Lot 111. Carlsbad Tract No. 93-04. Village "Q". Phase 1. Park Site) Lot 111 of Carlsbad Tract No. 93-04, Rancho Carrillo Village uQzI Phase I in the City of Carlsbad, County of San Diego, State of California according to Map No. 13551 on file in the Office of the San Diego County Recorder. (Proposed School Site) That portion of Parcel 2 of Certificate of Compliance, Document No. 94-0497667 and Parcel 3 of Certificate of Compliance, Document No. 94-0497669 both in the City of Carlsbad, on file in the Office of the County Recorder of San Diego County, State of California described as follows: Beginning at an angle point in the Southeasterly line of said Parcel 2 formed by the intersection of the two courses: North 85°50'40" East 92.05 feet, North 04°09'20" West 326.97 feet; thence North 04 0 09'20" West along said Southeasterly line 122.00 feet to the TRUE POINT OF BEGINNING; thence South 50°32'05" West 230.39 feet; thence South 38 058"12" East 19.32 feet; thence South 55°32'56" West 143.45 feet; thence South 48 0 54'47" West 151.28 feet; thence South 44°27'17" West 104.02 feet; thence South 56 0 30'35" West 147.17 feet; thence North 74'13'36" West 146.41 feet; thence North 84'11"15" West 218.11 feet to the beginning of a tangent 140.00 foot radius curve concave Southeasterly; thence Southwesterly along the arc of said curve through a central angle of 56°28'45" a distance of 138.01 feet; thence South 39°20'00" West 236.54 feet; thence South 46"46'16" West 31.78 feet; thence South 60 0 10'20" West 58.15 feet to the beginning of a tangent 125.00 foot radius curve concave Northerly; thence Westerly REIO3 4/89 3033 YAN 5620 Friars Road San Diego California 92110-2596 (619)291-0707 S RICK ENGINEERING COMIIY J-1 2987 RANCHO CARRILLO, EXCLUDING PARK SITES, SCHOOL SITE AND PORTIONS OF VILLAGE "J" By: RB/jb.002 Date: September 29, 1998 Page 5 of 6 Legal Description TC Ref._____________ Co. Order No. Date Descr. Rev. By along the arc of said curve througfta central angle of 51 *48'28" a distance of 113.03 feet; thence North 68°C 1 '12" West 41.08 feet to the beginning of a tangent 100.00 foot radius curve concave Southerly; thence Westerly along the arc of said curve through a central angle of 35 0 36'36" a distance of 62.15 feet; thence South 76°22'12" West 45.13 feet; thence North 87°28'01" West 41.18 feet; thence North 18'34'56" West 95.67 feet; thence North 72°43'50" East 84.30 feet to the beginning of a tangent 1451.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 30°05'48" a distance of 762.19 feet to the beginning of a reverse 20.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 21 0 12'16 " a distance of 7.40 feet to the beginning of a reverse 30.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 33°23'30" a distance of 17.48 feet to the beginning of a reverse 170.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 10 003'18" a distance of 29.83 feet to the beginning of a reverse 1451.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 07°43'04" a distance of 195.45 feet; thence North 32 047'02" East 240.48 feet to the beginning of a tangent 2149.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 00°54'1 l' a distance of 33.87 feet; thence North 33°41 '13" East 280.45 feet to the beginning of a tangent 25.00 foot radius curve concave Southerly; thence Northeasterly along the arc of said curve through a central angle of 91 o53t02tl a distance of 40.09 feet; thence South 46 0 49'56" East 31.87 feet; thence South 53°32'41" East 8.86 feet; thence South 59'31'58 " East 35.19 feet to the beginning of a non-tangent 2337.00 foot radius curve concave Southwesterly, to which a radial line bears North 37 025'20" East; thence Southeasterly along the arc of said curve through a central angle of 13°37'27 PE1O3 4/89 r 5620 Friars Road San Diego California 92110-2596 (619)291-0707 RICK ENGINEERING GO1SNY 3034 J-1 2987 RANCHO CARRILLO, EXCLUDING PARK SITES, SCHOOL SITE AND PORTIONS OF VILLAGE "J" By: RB/jb.002 Date: September 29, 1998 Page 6 of 6 Legal Description TC Ret._____________ Co. Order No. Date Descr. Rev. By a distance of 555.71 feet; thence South 50032t05h1 West 59.84 feet to the TRUE POINT OF BEGINNING. (Village "J". Lots 1 through 45 & Lots 61 through 651 Lots 1 through 45 and Lots 61 through 65 of Carlsbad Tract No. 93-01, Rancho Carrillo Village J1, in the City of Carlsbad, County of San Diego, State of California according to the map thereof No. 13552 on file in the Office of the San Diego County Recorder. jb/12987.002 REIO3 4189 . 3 o& ATTACHMENT "B" (Phase 1 Multifamily Size and Bedroom Count) Number of Square Footage Number of Bedrooms of Unit Units One 700 S.F. 12 Two 0OSF. 48 Three IWO S.L 56 TOTAL: 116 SECOND DWELLING UNITS Villa •: Locations Total Number Lots 6, 12, 22,'58 & 69 5 5$7 scipre feet Lots 6, 23, 28, 43, 53 & 6 16 4Uare feet Qi Lois 6, 1, 3Q, 44, 53, 77 &ifl 8 6fl §4 are feet (5) 616 $ctuare feet (3) G Lç4 358,362, 376, & 4 __________ 400 40 square feet _____________________ K Lots 4, 93, P6,102,­ 0913g&_153 8 400 t 640 square feet M Lots 245, 2$8, 262, 283, 7 432 to 640 square feet Q-2 Ld:fl3:17,144,& 157 4 432to64O square feet Q-4 Lots217, 227 234 3 432 to 640 square feet R-3 Lots 166, 187, I90, 17 and 204 5 432 to 640 square feet TOTAL 50 . 3036 • CONSENT OF OWNER TO RECORDING OF FIRST AMENDED AND RESTATED AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY Subsequent to the preparation of the First Amended and Restated Affordable Housing Agreement Imposing Restrictions on Real Property to which this Consent is attached, the undersigned Owner acquired fee title from Continental Ranch, Inc., a Delaware corporation, to the following described real property in the City of Carlsbad, County of San Diego, State of California: Lots 1 through 6, inclusive, and 8 through 74, inclusive, of CARLSBAD TRACT NO. 97-01 RANCHO CARRILLO VILLAGE "Htt, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13581, filed in the Office of the County Recorder of San Diego County, California on June 10, 1998. The undersigned Owner hereby consents to the recording of the First Amended and Restated Affordable Housing Agreement Imposing Restrictions on Real Property to which this Consent is attached and hereby agrees to abide thereby. OWNER: / Dated: ___________ TOLL LAND XXIII LIMITED PARTNERSHIP, a I California limited partnership BY: TOLL CA GP CORP., a California corporation, its sole General Partner By Title -1- . 3037 S STATE OF CALIFORNIA ) )ss. COUNTY OF_ORANGE ) On 11199 , 19, before me, JULIER. YOUNG Notary Public in and for said State, personally appeared JAMES W. BOYD personally known to me (e.p d.tome onthe-basiso.s tisfactory-evidene) to be the person(4 whose namec&ire subscribed to the within instrument and acknowledg ed to me thajshe/they executed the same inher/their authorized capacity(), and that by()her/their signature on the instrument, the person(fi, or the entity upon behalf of which the person/) acted, executed the instrument. WITNESS my hand and official seal. Signature çJWU . AWE P- YOUNG ComffbdM# 1102125 taUc—cJU OgeCY P/ (Seal) IPA . 30.30 CONSENT OF OWNER TO RECORDING OF FIRST AMENDED AND RESTATED AFFORDABLE HOUSING AGREEMENT 1Lj IMPOSING RESTRICTIONS ON REAL PROPERTY - Subsequent to the preparation of the First Amended and Restated Affordable Housing Agreement Imposing Restrictions on Real Property to which this Consent is attached, the undersigned Owner acquired fee title from Continental Ranch, Inc., a Delaware corporation, to the following described real property in the City of Carlsbad, County of San Diego, State of California: Lots 1 through 38, inclusive, 53 through 61, inclusive, 64 through 67, inclusive, and 89 through 102, inclusive, of CARLSBAD TRACT NO. 93-04 RANCHO CARRILLO VILLAGE "Q" PHASE 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13551, filed in the Office of the County Recorder of San Diego County, California on March 31, 1998; and Parcel A shown on Certificate of Compliance recorded August 13, 1998 as Document No. 1998-0513580, Official Records of San Diego County, California and more particularly described on Exhibit A attached hereto and incorporated herein; and Parcel B shown on Certificate of Compliance recorded August 13, 1998 as Document No. 1998-05 13581, Official Records of San Diego County, California and more particularly described on Exhibit B attached hereto and incorporated herein. The undersigned Owner hereby consents to the recording of the First Amended and Restated Affordable Housing Agreement Imposing Restrictions on Real Property to which this Consent is attached and hereby agrees to abide thereby. Dated: MONARCH COMMUNITIES OF CA, A California Corporation By: Title &2J S 3039S STATE OF CALIFORNIA COUNTY OF ORANGE On December 6, 1999, before me, RONALD R. TAYLOR, a Notary Public in and for the State of California, personally appeared CHAD COVINGTON, personally known to me to be the person whose name is subscribed to the within CONSENT OF OWNER TO RECORDING OF FIRST AMENDED AND RESTATED AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ;AYLO 11i\ COMM.#1192530 > Notaty Pub li c California I ORANGE COUNTY - EXP. --- W — Ronald R. br, Notary Public S 304 16 EXHIBIT A TO CONSENT OF OWNER • Legal Description of Parcel A, Certificate of Compliance Recorded August 13. 1998 as Document No. 1998-0513580 Lot 62 of CARLSBAD TRACT No. 93-04 RANCHO CARRILLO VILLAGE "Q" PHASE 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13 55 1, filed in the Office of the County Recorder of San Diego County, California on March 31, 1998 as File/Page No. 1998-0177218 of Official Records, together with that portion of Lot 63 of said Map 13551 described as follows: Beginning at the Southeasterly corner of said Lot 62; thence along the Easterly line thereof North 20031 '55" West 189.17 feet to the Northeasterly corner of said Lot 62; thence South 21'39'22" East 189.43 feet to a point on a non-tangent 170.00 foot radius curve, concave Northwesterly to which a radial line bears South 17°44'57" East; thence Southwesterly along the arc of said curve through a central angle of 01'l 5' 18" a distance of 3.72 feet to the Point of Beginning. Exhibit A to Consent of Owner . . 3041 EXHIBIT B TO CONSENT OF OWNER Legal Description of Parcel B, Certificate of Compliance Recorded August 13. 1998 as Document No. 1998-0513581 Lot 63 of CARLSBAD TRACT No. 93-04 RANCHO CARRILLO VILLAGE "Q" PHASE 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13 55 1, filed in the Office of the County Recorder of San Diego County, California on March 31, 1998 as File/Page No. 1998-0177218 of Official Records; EXCEPTING THEREFROM that portion described as follows: Beginning at the Southwesterly corner of said Lot 63; thence along the Westerly line thereof North 20°31'55" West 189.17 feet to the most Northerly corner of said Lot 63; thence South 21'39'22" East 189.43 feet to a point on a non-tangent 170.00 foot radius curve, concave Northwesterly to which a radial line bears South 1704415711 East; thence Southwesterly along the arc of said curve through a central angle of 010 15'18 " a distaqce of 3.72 feet to the Point of Beginning. Exhibit B to Consent of Owner S 3042 CONSENT OF OWNER TO RECORDING OF FIRST AMENDED AND RESTATED AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY Subsequent to the preparation of the First Amended and Restated Affordable Housing Agreement Imposing Restrictions on Real Property to which this Consent is attached, the undersigned Owner acquired fee title from Continental Ranch, Inc., a Delaware corporation, to the following described real property in the City of Carlsbad, County of San Diego, State of California: Lot 205 of CARLSBAD TRACT NO. 97-02 RANCHO CARRILLO VILLAGES "A- D", in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13582, filed in the Office of the County Recorder of San Diego County, California on June 10, 1998. The undersigned Owner hereby consents to the recording of the First Amended and Restated Affordable Housing Agreement Imposing Restrictions on Real Property to which this Consent is attached and hereby agrees to abide thereby. OWNER: Dated: December 14, 1998 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership By: J. F. SHEA CO., INC., a Nevada corporation By T Title Richard Gustafson, Assistant Secretary By Title Dale Holbrook, Assistant Secretary -1- S 304? STATE OF CALIFORNIA ) ) ss. COUNTY OF San Diego ) On December 14_, 19 98 , before me, 5horia M. Angel Notary Public in and for said State, personally appeared Richard Gustafson and Dale Holbrook personally known to me to be the person(s) whose name(s)are subscribed to the within instrument and acknowledged to me that'heh'they executed the same inhxr/their authorized capacity(ies), and that by 1i&/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. NOTNW p'.muc.cAuFcm4IA ( ,, MCOMM. cp. *PAL2I. 2001 Signature . (Seal) -2- n 3044 • CONSENT OF OWNER TO RECORDING OF FIRST AMENDED AND RESTATED AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY Subsequent to the preparation of the First Amended and Restated Affordable Housing Agreement Imposing Restrictions on Real Property to which this Consent is attached, the undersigned Owner acquired fee title from Continental Ranch, Inc., a Delaware corporation, to the following described real property in the City of Carlsbad, County of San Diego, State of California: Lots 46 through 60, inclusive of CARLSBAD TRACT NO. 93-01 RANCHO CARRILLO VILLAGE J, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13552, filed in the Office of the County Recorder of San Diego County, California, on March 31, 1998; and Lots 39 through 52, inclusive, and 68 through 88, inclusive, of CARLSBAD TRACT NO. 93-04 RANCHO CARRILLO VILLAGE "Q" PHASE 1, according to Map thereof No. 13551, filed in the Office of the County Recorder of San Diego County, March 31, 1998. The undersigned Owner hereby consents to the recording of the First Amended and Restated Affordable Housing Agreement Imposing Restrictions on Real Property to which this Consent is attached and hereby agrees to abide thereby. OWNER: Dated: Decther 14, 1998 SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership F. SHEA CO., INC., a Nevada corporation Title _Richard Gustafson, Assistant Secretary By Title Dale HO1brOC&, Assistant Secretary -1- . 3045 0 STATE OF CALIFORNIA ) ) ss. COUNTY OF San Diego ) On December 14 , 1998, before me, Rhonda M. Angel Notary Public in and for said State, personally appeared Richard Gustafson and Dale Holbrook personally known to me (i o) to be the person(s) whose name(s)i2/are subscribed to the within instrument and acknowledged to me thatsh(they executed the same inber/their authorized cap acity(ies), and that by /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. ¶J Signature (Seal) -2- . . crr qO\ T. City of Carlsbad Planning Department Document Recordation Transmittal DATE: May 16, 1997 TO: CITY CLERK FROM: Teresa Woods VIA: ASSISTANT PLANNING DICTOR_________ REQUEST TO PROCESS DOCUMENTS FOR RECORDATION PROJECT ID NO(s). i?3Ol /d4 0/Y T3-%/C!i /Pu D7t 5 -bil R° '3 O5 PROJECT NAME Carrillo Ranch 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: NOTICE OF RESTRICTION OTHER: Recreational Vehicle Storage Facility Agreement cc: File L if 1997-0287913 20-JUN-1997 12:05 PM g1:) OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SNITH1 COUNTY RECORDER RF 12.00 FEES: 28.00 AF: 15.00 1406 NF: 1.00 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: ) ) City Clerk ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, California 92008-1989 ) Space above this line for Recorder's use RECREATIONA[. VEHICLE STORAGE FACILITY AGREEMENT (RANCHO CARRIIIO) This Recreational Vehicle Storage Facility Agreement ("Agreement") is made as of /3, /97 , 1997, by and between Continental Ranch, Inc. a Delaware corporation ("Developer") and the City of Carlsbad, a California municipal corporation ("City"), with reference to the following: A. Developer is the owner and developer of approximately 690 acres of real property located south of Palomar Airport Road and adjacent to the City of San Marcos. Developer has received from City various approvals to develop the property as a master planned community commonly referred to as "Rancho Carrillo." B. Among the various approvals for the development of Rancho Carrillo, is a Master Plan; a Local Facilities Financing Plan; Planned Unit Development Permits PUD No. 93-07, PUD 95-04 and PUD 95-05; and Tentative Subdivision Maps CT 93-01, CT 93-04, CT 93-08 and CT 95-06 (collectively, "Tentative Maps") for the real property. Conditions 33 (CT 93-01), 26 (CT 93-04), 29 (CT 93-08) and 33 (CT 95-06) require Developer to construct a Recreational Vehicle Storage Facility ("RV Storage") to serve 0 the lots which will be developed. Developer's obligation to construct the RV Storage shall be described in an agreement prior to the first final map being recorded. The parties intend that this Agreement shall satisfy Conditions 33, 26, 29 and 33. C. The parties recognize that the construction of the permanent RV Storage, as described in the Master Plan, will satisfy all of the recreational vehicle storage requirements for the entire Rancho Carrillo project. In that regard, the parties intend for this Agreement to satisfy all of the interim recreational vehicle storage requirements for the approved Tentative Maps and any future final maps which are approved within Rancho Carrillo until the permanent RV Storage is constructed. The total area of such interim RV Storage facility shall be consistent with the standard of the City's Planned Development Ordinance. NOW THEREFORE, in consideration of the mutual promises described herein, the parties agree as follows: 1. Initial RV Storage. f Prior to the occupancy of the first, residential unit within any Village, as described in the Rancho Carrillo Master Plan, the Developer shall construct an initial RV Storage facility on Lot 104 of CT 93-04 as conceptually depicted on attached Exhibit "A." The initial RV Storage facility shall be a minimum of 9,080 square feet in size. All perimeter landscaping and screen walls shall be constructed with the initial RV Storage facility as approved pursuant to Planning Commission Resolution No. 3706. The interim storage facility shall be covered with decomposed granite surfacing. Developer shall be solely responsible for the maintenance of the initial RV Storage. -2- I 1 0 2. Permanent RV Storage. Prior to the issuance of the building permit for the 454th dwelling unit, Developer shall have completed construction of the permanent paving, walls, gates, and landscaping of Lot 104 as approved pursuant to CT 93-04 and conceptually depicted on attached Exhibit "B." Upon completion of the permanent improvements to this area, the maintenance of this area shall be turned over to the Master Homeowners Association. 3. Right To Withhold Building Permits. City shall have the absolute and unfettered right to withhold the issuance of any building permit, commencing with the 455th residential building permit within Rancho Carrillo, until Developer has completed and City has approved the permanent improvements on Lot 104 of CT 93-04, as described in Paragraph 2 above. 4. Development Permits, Maps, Documents And Maintenance. Developer shall at its sole expense, prepare and diligently process all building, electical, and plumbing permits and landscape plans that are necessary to construct the RV storage a discussed herein. Furthermore, Developer or its successors or assigns, shall be solely responsible for maintenance of the RV Storage facility to the standards as setforth in the Master Homeowner Association CC&Rs. 5. General Provisions. a. Authority of Signatories. Each individual signing this Agreement on behalf of the City warrants that (i) he or she is duly authorized to sign and deliver this Agreement on behalf of the City and (ii) this Agreement is binding upon the City in accordance with its terms. Each individual signing this Agreement on behalf of a corporation or limited liability company warrants that (i) he or she is duly authorized to -3- sign and deliver this Agreement on behalf of the corporation, in accordance with a duly adopted resolution of the board of directors of the corporation or in accordance with the bylaws or operating agreement of the corporation or limited liability company, and (ii) this Agreement is binding upon the corporation or limited liability company in accordance with its terms. b. Counterparts. This Agreement may be signed in any number of counter parts, each of which will be deemed to be an original, but all of which together will constitute one instrument. C. Applicable Law. This Agreement will be construed and enforced in accordance with the laws of the State of California. d. Successors. All terms of this Agreement will be binding upon and insure to the benefit of the parties and their respective administrators or executors, successors and assigns. e. Modifications. f No modification, waiver or discharge of this Agreement will be valid unless the same is in writing and signed by the parties of the Agreement. f. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the transaction contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written are merged herein. g. Exhibits. The exhibits referred to in this Agreement are attached and are a part of this Agreement. S . h. Captions. Captions in this Agreement are inserted for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement. Recording. The parties hereto shall cause this Agreement to be recorded by the County Recorder of the County of San Diego. IN WITNESS WHEREOF, City and Developer have signed this Agreement on the date first set forth above. CONTINENTAL RANCH INC., a Delaware Corporation By: (Sign here) ),1v/ P ,4. D7y2 (Print name here) Agreeing Party (Sign here) Civ, (Print name here) Agreeing Party CITY OF CARLSBAD, a municipal corporation of the State of California OWNER& ~0 ir' ATTEST: ALETHA L. RAUTENKRANZ,CityClek APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: C\V ' De+ity City Attonéy Içf (Notarial acknowledgment of execution of DEVELOPER and 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) -5- 0 S STATE OF CALIFORNIA COUNTY OF SAN DIEGO On /'f,jj /3. /Qq before me, Notary Public, personally appeared ]a)J, 7/. fJL. aw A fpersonally (ILA4ZJtd known to me - o ed_to-me-on-tb basis-ef-&i-tisfaeto-e-vi4enee to be the personwhose namq(j1,i/ subscribed to the within instrument and acknowledged to me that executed the same inVs#r/Qauthorized capacity63, and that by hX11#0 signaturj) on the instrument the person(s) or the entity upon behalf of which the personcted, executed the instrument. WITNESS my hand and official seal. 12 (Signature4'fNotar) 'emporary ',hain Link ence •EX#/17 114/1 R'L.LQ MASTER PLAN !29l6 3-97 * Size varies depending upon number of units occupied (See agreement) RV Storage Area Initial Improvement *1 260 -260 240 240 220 220 200 200 180 grade 180 If stacking distance 101 ,P-V \ \\ Gate 6' high solid wail Community Theme Wail - 92: Trailer stalls (9'x30') - 50: Camper stalls (9'x20) 142: Total R.V. parking spaces Native vegetation lockers sect Planter with trees ;to'' El Fuerte streetacape 6' high open fence - Village Fence Landscaping screening 20' maintenance access R A N C H 0 Lt1 GMASTER PLAN O Recreational Vehicle I J Storage Area J 63 rN 1. .. --kL3 A-ii Qu OF GARLSBAD - AD FOR LEGAL ADVICE MF D 1997 Ch TO: TTYATTORNEY Date Sent: April 3, 1997 FROM: Teresa Woods Date Needed: April 11, 1997 Department: Planning SUBJECT: Rancho Carrillo RV Storage Agreement ADVICE REQUESTED: Attached is a draft RV Storage Agreement prepared in compliance with Conditions of Approval for Villages E, F, G, J, K, L, M, N, 0, P, Q, R and T. Please review the draft agreement and make any necessary changes. The draft agreement requires City Clerk and City Attorney signatures. The proposed phasing is acceptable to Planning Department Staff. • BACKGROUND INFORMATION: Prepare synopsis of facts, giving as many as possible. Attach additional sheets if necessary, or conies of supporting documents. See above. Prepared By:4_--- tI& Approved Request Noted:______________________ City Manager QUALITY ORIGINAL (S) . APR-01-91 TUE 03:12 PH. HSR&G . . FfiX 'NO1 619 232 .6828 •. P.. 02/07 13M FMAIN A, —- — RecordgRequestedBy :. •.. and When Recorded Return To City of Carlsbad or= ofCityCleit '1200 Carlsbad Village :...... . . Carlsbad, :California 92008 ... Y. .. . . . : . ............ - - RECREATIONAL VEHICLE S'mRAGE FACILITY AGREgMENT_-_ (RANCHO CARRILLO) — : 'Recreadonai V .Aeement .isadeas 1997 by , aixl between Continafltal Rathli,'Iz.,aDàIwaiecorpóration ("Developer") and the City of Carlsbad, a California mnnkipal corpora n("Cky"), with referez • 0 to the following: .. . ,., :.. •. :'." ......' •..' .: . REQTALS A. Dev develóperof '9 ôfrcalpropty located south of Palomar Airport Road and'adjaent to ibe City of San Marcos. Developer has.:. received from City various approvals to develop the property as a master plaimed community commonly i?efeued to as "Rancho Carrillo B Among the various approvals for Ibe development of Rancho Carrillo, is a Master Plan; a Local Facilities Financing Plan; P1mm4 Unit Development Permits PU!) No.' 9307, PUI). • ..95-04 and PU!) 95-05; and Tentative Subdivision Maps CF 93.01, Cr93.04, cr 93-08 afldCT . 95-4)6 (colitivJy, !Tcntaivc Maps") for the real prcperty. Conditions 3 (CF 93-01),"26' (CT. ' '.93.04)' 29(CF 93-08) 33 (CT 95-06) rcqwre Developer to construct a Recreational 'Vehicle . .. ..'. '. Storage FaciJit("RV Storage") to serve the lots which will be developed lve1oper's obligaflnn • .WcolLstructtffIe RV Storage shall be described in an agreement prior to the first final map being ' recodid. The parties inteixi that this Agreement shail sathy C5ondl 72 ana 4 C The parties iecogniie that the construction of the peiniarent RV Storage, as described in the Master Plan, will satisfy all of d recreational vehicle storage rcquirernenls for the entire Rancho Carri.Uo project. In that regard, the parties intend for this Agreement to satisfy all of the im recreational vehicle storage requirements for the appzuved Tentative Maps and axy futtlie • •• final maps Winch am ap edwP2Ir] çax fló.untlldicpermanantRV Storage is matructed. flie total area of such UICLiu RV Storage clhty shall be con1stent with the stardard of the Ckyns Pined Dcveiopmcn.Q!c.( —. ) agree as follows 1 InItial RV Storage Prior to the occup=y of the first residential unit within a Village 1, as described in the Raucho Canullo Master O .qVet . 0 0 0 • . :,.: . 04101M . 0 • 4 •• 0 . 0 •o • • Al_Si .mE 03:12 1. :. Plan, d Developer shall euct initlalRV Storage facility on 101104 orcr 93-0/as depicted on attwlWid Exhibit A.' The initig RV Storage ficility shall have a. ji1inr1mu of 2t) square feet of storage axes per.ik1eàt1alunitjcoved withdecàpose gtanite iuri.àin a.qproprlate • view obscuring fancing. F e,ifMi1iom1 final naps axe arovCd within .ibe niiiiinnmWarm. of Ibe initial RV Storage shall be jiicrcaaed ixmiant to tha City's Pliirj (QL4 Development Ordinance. Developer shall be solely responsible for the tnintenance of the initial RYStorage. .. . ;.::. . • 2 PeluiwiMif RV Storage Prior to de issuance of the biIldtT%g juidt for the 454th -. dwelling unit, Developer shall have completed constructIon cithC peimaiit paving, Walls • • of 104 of .C1 _________ .......... • of the permaxexit inçrovemezits to thisarea, the maintenance of this area shall e turned over to the Master ITonieowners Msoclation. - ---- - - - 3 Right to Withhnid Building I'äiklit. City shall have ti* absolute and Unfettered 4 r • •ri to withimid the Issuance of any bPflding p cmivivg with d455th.xeidntia1 1!ib. penxtitwftbmR Cam llo, Developerhas cnpleted and.Citybaa appro the P : improvements on Lot 104 of CT 93-04, as described In Paragraph 2 above 4.' Its sole expense, prepare and diligently process all permits, agreements, plans, mapsand other : • documents that. are necessary to consUct.the RV Storage as discussed herein. Developer or its usors or assig's shall be solely responsible for mnnce of the 1W Storage • ..ity.. •: • •.••• • . S. Gesieral Provisious.• • . C a. AmWdU of Signatories. Fch individual signing this Agreement on bChaIf1 • of heCitywarrafltsthat(J)h sheisthdyauthorizedtosignaaIdelierthisAgreCmentonbeli1f of the City and (Ii) this Agreement is binding upon the City In accordance with its terms. Each.... • ividual signing this Agreement on bch*lf of a corporation or Ilthited liability . • • the (I) he or she is duly .authorized to sign and deliver this Agreement cn behalf of the corporation, •. • . * in accordance with a duly. adopted resolution of the board of directors of. the .corpoxationorlm accordance with the bylaws or operating agreement of do coipotIon or Imuted liability compair, and (n)this Agreement is blrvllng upon the corporation or hTnited liability company in accordance witfr its terms; - b. Cc*Iiparts This Agreement may be sigmd In any number of comteipsrrs, each of which will be deemed to be an original, but all of which togedr Will constitute 0ne • C ApplicabInLaw Thus Agietirestwlfl be oozstnicd aid enfoxced in acuuxlance with the laws of the State of California. d All terms of this Agreennt will be binding upon and inUM.$D • the benefit of the parties and their respective a alatcrsor execotors, successors and assi. e. Modifications. No inedification, waiver or discharge of thiS Agreement will • •, bcvahd unless the sime is mwntmg and signed brthcparxlesto Ibis. Agreement • -2- • • . •• . I . - . •. :. O41? . . •. •. . . •. . . • •.. •.. • . ..... APR-01-97.TUE 03:13 PIt. .. FAX NO, .619.232 6828. . •. •.. P,;04/O7 : -_ - - - . - AMs A WOWS __ ... . • the parties relating to the tiansaction contemplated bezeb and U por o co oraneau.. • agreements, t1mg, .rrcsations and st't, oral or written arc merged lierelu Or be to a judo :. Exhibit Theexbibirreficd to In this A%01 ititt!Iched and,isa part of this Agreement. - 1 Citic,. Cca this Ae coeofLe only and do not define, describe or limit the scope or the mtnt of this Agreement • •• .. • j. Rccfrdg. by the County Recorder of the County of San Diego IN WIThESS WHEREOF, City and Developer have signed this Agreement on the date first set forth above CrrY OF CARLSBAD, : CONTINENTAL RANCH C., ,: • • a municipal corporation a Delaware corporation Lee By city Clerk . • . .• . .. •.. • ... Approved as to form By. WES City Attorney oim MAY-15-97 12:21 FROM:CONTINENTAL HOMES ID:6197932575 PAGE 2/2 • CERTIFICATE OF CORPORATE RESOLUTION OF CONTINENTAL RANCH, INC. I / Julie E. Collins, Secretary of CONTINENTAL RANCH, INC., a Delaware corporation ("Corporation"), do hereby certify that I am a duly elected, qualified and acting officer of the Corporation and, as such, I am familiar with the books, minutes and records of the Corporation; that no provision of the Articles of Incorporation or Bylaws of the Corporation requires that any action or signature of the Corporation be attested by a corporate officer; that there is no provision in the Articles of Incorporation or Bylaws of the Corporation limiting the power of the Board of Directors to adopt the hereinafter stated resolutions; that the following is a true and accurate copy of resolutions duly adopted by the Board of Directors of the Corporation, on October 14, 1996 either at a duly held meeting of the Board of Directors or by unanimous written consent of all members of the Board of Directors of the corporation; and that said resolutions have not been modified, rescinded or revoked and are now in full force and effect: RESOLVED, that one signature from the President or any of the Vice Presidents of the Corporation listed below is required for any and all documents related to planning, engineering, mapping, development or construction associated with property owned by Continental Ranch, Inc.; including but not limited to maps, easements, agreements, permits, dedications, etc.; and RESOLVED, the following persons are the duly elected President and Vice Presidents of the Corporation: Chris Chambers President Donald R. Loback Vice President W. Thomas Hickcox Vice President Donald W. MacKay Vice President David Lother Vice President RESOLVED PTJRTHER, that one signature from the President or any of the above-designated Vice Presidents is sufficient by itself to bind the corporation in furtherance of these Resolutions. wT]:!rESS my hand on this 14th day of October, 1996. CONTINENTAL RANCH, INC., a Delaware corporation By f 4~4~ ie E. Collins Secretary / 2 CITY OF CARLSBAD 1200 CARLSBAD ILLAGE DRIVE CARLSBAD, SLIFORNIA 92008 434-2867 / DATE ACCOUNT NO DESCRIPTION AMOUNT 27?3 - -2 77714-77 f b RECEIPT NO MIA NOT VALID UNLESS VALIDATED BY TOTAL ' ® Printed on recycled paper. CASH REGISTER I CITY OF CARLSBAD 1200 CARLSBAD Vi LAGE DRIVE CARLSBAD, CAL ORNIA 92008 438-5621 REC'D FRO DATE_//T/ ACCOUNT NO. DESCRIPTION AMOUNT ",~7 / r C r -, ________ 0829 01/15/qn 0001 01 1t) / RECEIPT NO. 1714.3 TOTAL /c- '1 - STATE OF CALIFORNIA-THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME \- ENVIRONMENTALING FEE CASH RECEIPT DFG 7591 Lead Agency: County/State Ag F, Project Title: Project Applicant Name: Project Applicant Address: Project Applicant (check appropriate box): Local Public Agency 0 S'is! State Agency 0 F 3-O\ 53897 ic J?c Docume -% 90 tr/ Phone Ni ber:________________ j_-"Other Special District 0 te Entity El CHECK APPLICABLE FEES: (7) Environmental Impact Report $850.00 Negative Declaration $1,250.00 Application Fee Water Diversion (State Water Resources Control Board Only) $850.00 Projects Subject toCertified Regulatory Programs $850.00 County Administrative Fee $25.00 X) Project that is exempt from fees TOTAL RECEIVED $ $ $ $ $ $ —n Signature title of person receiving payment:________________ C OPY-PROJECTT APPLICANT SECOND COPY-DFG/FASB THIRD AGENCY FOURTH COPY-COUNTY/STATE AGENCY OF FILING 1 0 S 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 o_, he completion letter. Applicant Signature: ''i i Staff Signature: Date: iii: • To be stapled with receipt to application • Copy for file