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HomeMy WebLinkAboutCT 94-08; Poinsettia Shores PA B1; Minor Subdivision (MS)City of Carlsbad ' ^r ^P^^HmW^^HIWV^^^^PIH^^HH^Bll^H^^^I^I^^^^^Ii^^^HHIHPublic Works — Engineering July 20, 1998 Mr. Tim Carroll O'Day Engineering 2320 Camino Vida Roble Carlsbad. Ca. 92009 Poinsettia Shores Various Easements Engineering Department staff has completed the majority of review for this Master Planned Community and as could be expected we have some "clean - up" to attend to. The list of easement summary table provided May 22, 1998 left a few items and details, that for our records, are important. The best way I can suggest resolution is to re - execute documents that are missing and process them as if they are replacements. PR 2.3.134 Utility Easement over Rec. Lot Originals are being returned to O'Day for execution & completion. PR 2.3.248 Utility Easement over Area B-2 PR 2.3.249 Utility Easement over RV Lot PR 2.3.250 Utility Easement over Area D PR 3.3.27 Sewer Easement over Area A-3 BEST ORIGINAL O'Day will get Title Report ASAP. Originals are being sent for acceptance & recordation (7/20/98). Originals were returned to O'Day on 4/17/98 and are in Japan for signature & notary. Originals were returned to O'Day on 4/17/98 and are in Japan for signature & notary. Originals were prepared by City Dec., 1997. Documents have been / are misplaced. This Easement will be unnecessary when Area A-3 has recorded. 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 - FAX (760) 431-5769 CT 97-13 / SP 211 / HDP 97-10 / SUP 97-07 / GPA 97-05 / ZCA 97-05: CARLSBAD OAKS NORTH COMPLETENESS REVIEW SEPT. 24, 1997 PR 3.3.28 Sewer Easement over Area B-1 Originals were prepared by City in Dec., 1997. Documents have been / are misplaced. This Easement will be unnecessary when Area B-1 has recorded. PR 3.3.29 Sewer Easement over Area D Originals were prepared by City in Dec., 1997. Documents have been / are misplaced. This Easement was resubmitted to City and originals are being returned to O'Day for execution & completion. I think this is a complete list of all outstanding easements that need to record as of the date of this memo. If you have any questions, please feel free to contact me at (760) 438-1161 extension 4353. CLYDE WICKHAM Associate Engineer - Land Use Review c: Principal Engineer Land Use Review Division ' 07-08-1998 08:i9RM FRC* D'Day Consultants $ tfjff™- 2.3.248Xo /witl 3? P.R. 2.3.249 P.R. 2.3.250 P.R. 3.3.27 fV3 P.R. 3.3.28 P.R. 3.3.29 TO " 431-5769 P. 02 My 07, 1998 (updated) May 22, i 998 ' J.N. 96-1034-1 ; 96-lbl9-l Shores Easement Summary Table Description Utility Easement over Rec Lot Utility Easement over Area B-2 Utility Easement over RV Lot Utility Easement over Area D Sewer Easement over Area A-3 Sewer Easement over Area B-l Sewer Easement over Area D Status j Originals have been misplaced. Re-submitted documents to jCity to prepare another set of origirials. Originals at City- Watt Homes, with authorizajtion, has executed the originals on behalf of the indivdual owners of the units within B-2. ; : ;i Originals have been sent to Japan for execution. Originals have been sent to Japan for execution. Originals have bieen miispladed. This easement Will not be necessary when the Final Map for Arek A-3 has recorded. : • Originals have bieen misplaced. . This easement v#ll not be nfecessay when the Final Map for Areja B-l has recorded. ; I : i Originals have been misplaced. : Re-submitted doicuments to :City to prepare another set of originals. TOTAI Q City of Carlsbad Planning Department July 15, 1998 Steve Kabel WATT HOMES 10737 Laurel Street, Suite 280 Rancho Cucamonga, CA 91730 PLANNING AREA B-l/CT 94-08 - FINAL MAP APPROVAL REQUIREMENTS The City of Carlsbad will allow the final map recordation of the B-l project subject to the following: 1. All B-l entitlement documents, including the Condominium Plan and CC&R's, shall depict each unit ownership as containing one dwelling unit and corresponding land designated as side/rear yard areas. Ownership and maintenance of the respective side/rear yard areas shall be the designated responsibility of each unit's owner. This provision recognizes new condominium air space ownership laws which permit the ownership of land, air, and/or water in the context of condominium units. 2. Front yard areas within the typical four unit cluster product of B-l, and "side" areas adjacent to the project's internal streets, shall not be part of any residential unit. These areas are to be commonly owned and maintained by the Homeowners' Association. Incorporating the above provisions into the necessary implementation documents for B-l will allow staff to finalize the processing for final map recordation. If you have any questions, I can be reached at (619) 438-1161 extension 4430. Sincerely, GARJWAYNE Assistant Planning Director GW:EM:mh c: Marty Orenyak, Community Development Director Don Rideout, Principal Planner Eric Munoz, Senior Planner Rich Rudolph, Assistant City Attorney Clyde Wickham, Associate Engineer 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-O894 Hofmon Planning A o a t April 29, 1998 David Mauser City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 SUBJECT: Poinsettia Shores Master Plan - Park Fee Credit Dear David: This letter is prepared as an update to my letter to you dated February 19, 1998 regarding the decreasing park land credit for the Poinsettia Shores Master Plan. This update letter provides a revised Park Land Demand table that increased the number of units within Planning Area J from 75 to 77 units as you had requested. This change resulted in a slightly different impact to the park land credits. As indicated to you previously, I would like to obtain your concurrence regarding the amount of the park in- lieu fee required for the approval of the remaining final maps within the Poinsettia Shores Master Plan. Based on our recent conversations, it is acknowledged that the park land credit for the Poinsettia Shores Master Plan area is dwindling. Once the credit is expended, the remaining planning areas requesting final map approval will be required to pay park in- lieu fees prior to the issuance of building permits. Currently, the park in-lieu fee is $1,575 per dwelling unit. This fee per unit amount will be effective until the City revises the Dedication of Land for Recreational Facilities Ordinance (Carlsbad Municipal Code 20.44) and the Park In-Lieu Fee amount. As you may know, three final maps are currently being processed in the Poinsettia Shores Master Plan. These maps are for Planning Areas A-3, A-4 and B-1. The last of these three maps to receive approval will deplete the remaining park credits available within the Poinsettia Shores Master Plan. Since none of these maps have been scheduled for City Council as of this date, it is not known which map will deplete the remaining credits. However, the impacts to park facilities beyond the park land credit can be determined. These impacts result in a park in-lieu fee that must be paid. The impacts to park facilities created by Areas A-3, A-4 and B-1 are determined by multiplying the total number of units for these three planning areas (269 dwelling units) by 393 square feet per single family detached dwelling unit as required by the Dedication of Land for Recreational Facilities Ordinance. This results in 105,717.00 square feet of park land demand created by these three planning areas. Since there are currently only 2.344 acres (102,104.64 sf.) of credit remaining, a deficiency of 3,612.36 square feet is projected (105,717.00 sf. - 102,104.64 sf. = 3,612.36 sf.) once the final maps for Planning Areas A-3, A-4 and B-1 are approved. This deficiency must be corrected and is done so by paying the park in-lieu fee. The park in-lieu fee amount is determined by converting the deficient square footage to a dwelling unit equivalency. This is done by dividing the deficient square footage of 3,612.36 by 393 square feet per dwelling unit. The result is 9.19 dwelling units. The 9.19 dwelling unit deficiency is then multiplied by the current park in-lieu fee of $1,575 which results in a fee amount of $14,474.25 ($1,575 x 9.19 = $14,474.25). The payment of the park in-lieu fee, or securing a bond or a letter of credit in the amount of the park in-lieu fee identified above must be provided to the City prior to the approval of the third final map. Providing a bond or letter of credit allows for the actual payment of the park in-lieu fee to be deferred until the issuance of building permits. Since all the park land credits within the Poinsettia Shores Master Plan will be depleted after the approval of the final maps for Areas A-3, A-4 and B-1, the remaining Planning Areas (Planning Areas C and D) will be required to pay a park in-lieu fee on a per unit basis in the amount of the fee that is in effect at the time of the issuance of building permits. At this time, I would like to obtain your concurrence for the amount identified above. Upon your concurrence, the necessary documents to ensure the payment of the park in-lieu fee will be prepared. Please give me call if you have any questions or if you are in agreement with the contents of this letter. Sincerely, ^S&. Stan Weiler enclosure cc. Clyde Wickham Noriko Saiga John Sherritt Jonathan Weldy Tim Carroll Poinsettia Shores Master Plan - Park Land Demand Planning Area J A-1 A-2 B-2 Remaining B-1 A-3 A-4 D C Poinsettia Units 77 36 49 16 Unit Type SFD SFD SFD SFD Population perDU 3.00 3.00 3.00 3.00 Credits as of 4/28/98 158 50 61 28 56 Total 531 SFD SFD SFD SFD Duplex 3.00 3.00 3.00 3.00 3.00 Sq.Ft. Demand perDU(1) 393 393 393 393 Park Acreage Demand 0.695 0.325 0.442 0.144 Available Credits (ac.) 3.95 3.255 2.931 2.488 2.344 2.344 393 393 393 393 393 1.425 0.451 0.550 0.253 0.505 4.791 0.919 0.467 -0.083 -0.335 -0.841 -0.841 Wickham - B-2 Pipes Draft Letter From: Rich Rudolf To: Bill Plummer Date: 5/8/98 11:31 AM Subject: B-2 Pipes Draft Letter I got it. Down to last paragraph is fine; I assume it is consistent with previous approvals (Exhibits) and/or conditions of approval. Is that a good assumption? It is consistent with what we told them in the Wednesday meeting. Please review the last paragraph with Gary-l don't know enough about their internal processing of the mylars to comment. After our Wednesday meeting, Gary told me they told him they agreed with city view and would fix the problems. I suggested he or I write a followup letter to Watt, to document what took place (mainly their admission to improperly changing to individual meters after their professionally responsible person and our final inspector both signed off on the As-Builts, which portrayed the correct common area single meter hookup for frontyard irrigation. Gary is out of the office today, so lets resolve on Monday whether, and if so, who, will write that letter, and whether your response should be separate or included. CC: BobWojcik, Clyde Wickham, Eric Munoz, GaryWa... Clyde Wickham - B-1 (Final Map) and B/^'Sold Units) — "Page 1 From: Rich Rudolf To: Bill Plummer, BobWojcik, Clyde Wickham, EricM... Date: 5/6/98 Time: 8:30AM - 10:OOAM Subject: B-1 (Final Map) and B-2 (Sold Units) Place: Planning Conf? Atty Titus has requested a meeting to discuss/clarify ramifications of city's insistence on common front yards. He says city approvals do NOT make front yards common areas, mistake was approval of landscape plan for B-2 showing common area and building inconsistent with that and then trying to convert back to common, when never was intended to be common. 1. Can you attend anytime Wed? I'm suggesting 8:30 to 10 but available anytime except 6 PM. 2. We need a pre-meeting to be clear amoung ourselves what the facts are: As to B-2: What does the final map show and/or what were the tentative map conditions that relate to the common front yard issue? As to what aspect did the "city " approve the CC&Rs, and why didn't we catch in the CC&Rs that it was individualized, not common (that's what they say White Paper and CC&Rs say)? What did we approve for the Landscape Plan-common or individual? Current status of that approval? As to B-1: What is status of Final Map submittal-was it timely submitted under Government Code section 66452.6 (d), and do we consider it a proper submittal or not (affects potential expiration)? What does it show and/or what are the tentative map conditions that relate to the common front yard issue? Have we "approved" a Landscape Plan for B-1? If we did what does it approve for the front yard-common or individual? Have we approved the CC&Rs? As to what aspect? What do they say about common or individual front yard maintenance. 3. I asked Titus to send me a letter setting forth what they think are the issues. I asked him to specifically address content of B-2 CC&Rs re dispute over common/individual-can 11 of 16 vote to amend or otherwise control that front yards will be common HOA maintenence, not individual? If so and we require same for B-1, and then have annexation of B-1 into B-2 so only one HOA, any problems? He's talking about being unable to require now owners of 4 units to aggree to common, and needing city condemnation to force them to submit??! 4. Please respond ASAP, it might be difficult to get this many people together. Thanks. HAY- 5-98 TUE 13:12 CITY ATTORNEY FAX NO. 6194348367 P. 01 City of Carlsbad City Attorne' FAX TRANSMITTAL DATE: May 5,1998 TIME SENT: Number of Pages Being Transmitted (Including Cover Sheet): TO: Gary Wayne Bill Plummer Clyde Wickham Bob Wojcik COMPANY: P'riONE #: FAX #: FROM: Rich Rudolf DEPT.: CITY ATTORNEY PHONE: (760)434-2891 FAX: (760)434-8367 SPECIAL INSTRUCTIONS: UNI KSS OTHERWISE INDICATED OR OBVIOUS FROM THE NATURE OF THE TRANSMITTAL, THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMES ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR OR ARE NOT SURE WHETHER IT IS PRIVILEGED, PLEASE IMMEDIATELY NOTIFY US BY COLLECT TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE AT OUR EXPENSE. THANK YOU. 1200 Carlsbad Village Drive Carlsbad, California 92008 * (619)434-2891 HAY- 5-98 TUE 13:13 CITX -ATTORNEY FAX NO. 8194349387 P. 02i in i J O0luca ij.ju ?A \3url iuWuj ria Yb^ *£>yy ID 42^ "'SSTStt 17604 P. 01/03...,w JACKSON, DeMAKCO & PECKENPAVGH 4 Park Plaza, 16th Floor P.O. Box 19704 Irvine, California 92623-9704 (714)752-8585 FAX COVER MEMO PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE TO: Name: Richard D. Rudolf, Esq. Assistant City Attorney Company: City of CaJsbad Fax No.: (760)434-8367 •2Number of pages, including this cover memo: ** We are transmitting from a Pitney Bowes 9720 • PLEASE NOTDJY US IMMEDIATELY IF NOT RECEIVED PROPERLY. CALL (714) 752-8585 AND ASK FOR FAX CENTER. FROM: Name: Michael L. Tidus, Esq. Fax no.: (714)752-0597 File No.: 25973 f liibU.ua/Client: WattHomes r. . g 'jJwt* Vf '^ 1<V^-V^l Wjt- *• "• » Matter: Carlsbad ' ^fcK'"i '"3 Date: May 5,1998 SPECIAL INSTRUCTIONS: CAUTION; CONFIDENTIAL: THE DOCUMENT BEING TELECQPIED TO YOU MAY CONTAIN INFORMATION PROTECTED BY THE ATTORNEY-CUENT/WORK PRODUCT PRIVILEGES, ft is intended for the person to whom It is addressed. If you ate not the Intended recipient or an authorized agent, then llils is notice to you that dissemination, di.ttributfon or copying uCtliis document i$ protiibh^d. If <hfs was received in error, please call us at once and destroy this document. HAY- 5-98 TUE 13:13TUT to -ya C I T£, ATTORNEYt-X 'sbUN UtflRRCO FAX NO. 61943,48367 P. 03 714 752 0597 TO 42* '-5973ttl7G04 P.02/03 JACKSON, DEMARCO & PECKENPAUGH »Hf*l U MARVINNUTH *», MUUCHOVIC TMOMAC A. MaACHF H ACLi. K vnn *fQOmif!JiCM A I_AW CORPORATION • B-XBK »t»ZA - !«"• FLjDOfl POST OF r ICE O3X IB7O4 IUVJNC. CALIFORNIA FAX: 17141 7E2-OG37 May 5,1998 £OO w. wrcft ruAKC bLva. sfuirc ivu WL£tLAKE VILl^GIE. CAUirOMNIA BCV A M< KtTTBICK WMITCM'S D1HKCT DIAL (714)851-7424 INTCBMET! nalt259@jdplaw.com OUR FILE HOMBCR! 26165 EXf fi4Jf f76P) 434-8367 A U.£ MAIL Richard D. Rudolf, Esq. Assistant City Attorney City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Re: Vlslamar Dear Mr. Rudolf: As a follow up to our telephone conversations, at your suggestion, I have set forth the following issues to be discussed at the meeting between Watt/Laing and the City on May 6", 1998, at 9:00 a.m., at the offices of the City's planning and engineering departments. As you know, there are two tracts at issue. Tract B-l is comprised of about J 58 single family homes in which the find map has not been recorded. Tract B-2 is comprised of 16 single family homes that have been sold, and are now occupied by the buyers. Issues far Trad B-l Watt wants to final the tract map as soon as possible. The two unsatisfied conditions you told me about in. your voice mail message (the new owner's signature and change in dedications) shall be completed in the next several days. Watt would like the City to immediately calender on the City Council Agenda, approval of the final map- Trie only other issue with Tract B-l deals with the City's policy concerning who has maintenance responsibility for the landscape in front of the single family residents where, as hero, the front is owned by the iotiMdualJarKl own-sr. This dove-tails with the issues involving Tract 63.--==—- ~ —nr:./. ~i~~ --.- - ffAY- 5-98 TUE 13:14 CITY-ATTORNEY FAX NO. 81943.48367 P. 04 05 '98 13'Sl FR J SON DEMRRCO 714 752 0597 TO 424T ^>973817604 P. 03/03 JACKSON, PEMARCO&PeCKENliWUSH Richard D. Rudolf Esq. May5, 1998 B-2 \ (x/YVThe issues involving tract B-2 are more difficult. As you know, Walt no longer \-X £A» owns the units. As of today, the irrigation in front of the single family residents is under central control. This conflicts with the CC&R's for tbe property. The issues we should discuss arc the irrigation requirements of Tentative Tract Map Conditions of Approval, the City's Landscape Manuahjnd^Poinsettia Shores Master Plan. Points that also need to be discussed are that thejCGJ^dj^q^roykfe for association control over the front landscaping, and there isno casement by whiSrtire association tan control the j^rrr3=r— m_ a.- ^-Tieowners have~diffferir»g opinions what they want to do. *—.. V-V «*-*- We expect to have the Follovnng persons at the meeting: Jonathan Weldy and Marc ZaMna from Watt Homes. Tim Carroll from O'Day, Stan Weiler from Hofinan Plannine. Scott Jackson from my firm and myself If you have any additional comments, please give me a caU. / -,«r- ,^ Vcn-taljrjrmrs, f ^ _ 1;>] H51" 'fc Mii*«elL.TldvB . - -, - .1"' ryvV' %/§'•'a2»S2d].01 AW«>" <-^ ' •1^ " "' <*#* •jVr-7sz ^^&%, TOTfiL PfiGE.03 ** JQ*J ^"M ^*& W^ £\ r 1 *>»^ «2^w fc^bssl3inc-j-;"s— .oc cSQ i^^co « tn^Is §"Sr:sSV» H— 5*S2| SE"*is^^PQ|Es§*1 s*^h^ii§8*s s2g 1 ^w>- |_£5?3 / '•" it* <3&£Ttc>v-> °f 3/17/98 SM 1* OPEN SPACE ESMT ON FOR. OF IJOTS 6-35 2* CONDO VISTAMAR AT SAN PACIFICO DOC97-563587 SAN DIEGO COUNTY ASSESSORS MAP 216. PAGE 42 MAP 11616-CARLSBAD TCT. 85-14 PHASE-I ROS 12109, I2HO City of Carlsbad Planning Department April 23, 1998 Stan Weiler Hofman Planning Associates 2386 Faraday Avenue, Suite 120 Carlsbad, CA 92008 RESPONSE TO B-2 WATER ISSUES AND PROCESSING OF B-1'S FINAL MAP This letter is in response to the letters you sent to project planner Eric Munoz and Water District Engineer Bill Plummer, both dated April 16, 1998. This letter will serve to (1) clarify the Water District's position regarding the use of the existing purple reclaimed water lines, (2) provide a Planning Department response to the request for private irrigation systems in "front yard" areas, and; (3) provide an update on the processing of B-l 's final map application. B-2's landscape plan approval pre-dates a current Water District policy to prohibit reclaimed (purple) water lines from irrigating privately owned front yard areas. B-2 has no privately owned areas; it is an air space ownership project with exclusive use areas. Front yard areas were approved and irrigated as common/HOA maintained areas. The existing purple reclaimed water lines may only be used as part of a common/HOA maintained area (as shown on project approval). They can not be used for private irrigation systems. The Planning Commission approval of the B-2 air space ownership project, and subsequent staff level approval of the implementing landscape plan, designate the front yard areas in question as commonly owned and maintained areas as opposed to privately owned and maintained areas. Staff does not have the authority to approve such a conversion without an amendment to the permit. With regards to the on-going review of B-l's final map, the recently raised questions by B-2 residents, as well as Watt Homes' recent requests for irrigation approval changes forced the City to re-examine the status of the B-l project. Upon subsequent review, it was discovered that the same front yard issues exist and the currently approved landscape plans for B-l do not properly treat the front yard areas as commonly owned and maintained areas. Therefore, the landscape plan approval for B-l is in conflict with its original approval which is hereby rescinded. The landscape plans shall be adequately revised to the satisfaction of the Planning Director prior to the approval of B-l's final map. Sine /AYNE Assisfant Planning Director Michael Holzmiller, Planning Director Bill Plummer, Water District Engineer Don Rideout, Principal Planner Larry Black, City Landscape Consultant Eric Munoz, Senior Planner Clyde Wickham, Associate Engineer 2O75 La Palmas Dr. • Carlsbad, CA 92OO9-1576 • (76O) 438-1161 • FAX (76O) 438-O894 City of Carlsbad Planning Department DATE:March 19, 1998 TIME SENT: Number of Pages Being Transmitted (Including Cover Sheet): 1 TO: Jonathan Weldy COMPANY: Watt Homes PHONE #: (909)481-7700 FAX#: (909)481-4601 FROM: Eric Munoz DEPT.: PLANNING PHONE: (760) 438-1161 ext. 4441 FAX: (760) 438-0894 SPECIAL INSTRUCTIONS: 1. No administrative approvals will be granted for any changes to B-1. Homes were approved with approved fence and wall locations. Any change requests need to be made via a Condominium Permit amendment approved by the Planning Commission. Do not ask staff for informal feedback regarding any current or future project changes; there is a Preliminary Review process for this purpose. You may consult front counter staff for fees and application forms. 2. The City requests that all non-approved irrigation changes be converted back to original permitted configurations. Your changes in the field had no City review or approval; you are in violation of the terms of your entitlements. Phone calls made to me to discuss these items verbally will not alter any decisions made here and such conversations may have to be suspended or cut short given staffs current workload on development and special projects throughout the City. Rapid compliance will indicate to the City Watt's long term commitment to cooperation and quality development for Carlsbad. C: Gary Wayne, Assistant Planning Director/Don Rideout, Principal Planner/Larry Black, Landscape Consultant/ Bob Wojcik, Principal Engineer/Clyde Wickham, Engineer. I | Return Fax 2075 Las Palmas Drive Carlsbad, California 92009-1576 (760)438-1161 City of Carlsbad Planning Department DATE:March 23, 1998 TIME SENT: Number of Pages Being Transmitted (Including Cover Sheet): 1 TO: Jonathan Weldy COMPANY: Watt Homes PHONE #: (909)481-7700 FAX#: (909)481-4601 FROM: Eric Munoz DEPT.: PLANNING PHONE: (760) 438-1161 ext. 4441 FAX: (760) 438-0894 SPECIAL INSTRUCTIONS: Jonathan - Item #1 on my fax of March 19 should have referenced B-2 not B-1. For B-2 residents to obtain approvals for any changes to their approved/built project it would require the previously described Condominium Permit amendment which needs the signatures of all project property owners on the amendment application form. EM C: Gary Wayne, Assistant Planning Director Don Rideout, Principal Planner | | Return Fax 2075 Las Palmas Drive * Carlsbad, California 92009-1576 * (760)438-1161 DATE: January 13,1998 TIME: 1:OOPM Planning Conf. Rm. Attendees: Clyde Wickham, Eric Munoz, Bill Plummer, Larry Black ...City Staff Tim Carroll, Pat O'Day, Stan Weiler, Jonathan Weldy, Ron Teshima Architect., unknown, representing the developer Watt Homes. Meeting Notes: The meeting was to resolve the conflict with the design and landscaping of an existing 20' wide easement owned by CMWD and conditioned to be designed to the approval of the district. The preliminary approval showed landscaping and a walkway in the 20' CMWD easement. The proposed design did not consider maintenance or associated problems with the existing 15" sewer main. During the plancheck process CMWD expressed concern with the proposed design and relayed these comments to Engineering. The developer was made aware of these concerns and in December a meeting was setup to discuss this issue. The meeting never happened, the developer wanted to go to Lloyd & Michael to try to resolve what he felt was a roadblock to his approved project. After much delay and no success, this meeting was finally produced. Issues and Resolution: • Access - A 12'wide AC paved roadway is needed to get the City Vactor Equipment to the 15" sewer. At the access hole locations the roadway will need to be directly over the sewer to enable operation. The cross section should show that the roadway, access hole and slope meanders to provide this. The roadway can meander horizontally and vertically to accomplish access. A Cal Trans template should be used to check access. Tim Carroll was aware of the design issues. A revised plan will be submitted that shows these corrections and can be approved before complete project revision is made. Staff and O'Day will work together to resolve the plan. • The sound wall can only have & exposed face. This issue will require a meandering or a planter box to conceal any excess height. • Landscaping root barriers will be required Larry Black and Ron Teshima were aware of the design issues. • The next project Area "D" will have similar constraints and will be conditioned to the same resolution as this area. An access gate in the sound wall will also be needed to provide truck and equipment to this easement. • The developer seemed to think that this was the only item remaining to complete this project. Clyde will follow up and get back to him. ( since the meeting the plan checker ( Don Mitchell) has responded that this project is not as far along as the developer had reported. I advised Don Mitchell that the sewer issue was being handled by staff and should not hold up the rest of the project. "Watt Homes RECEIVED Januarys, 1998 JAN 0 7 1998 A, ™- u i TT i -11 ENGINEERINGMr. Michael Holzmiller DEPARTMENT Planning Director City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA. 92009 ifo KP and Mr. Lloyd Hubbs City Engineer City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA. 92009 Re: Poinsettia Shores Development/Sewer Connections Dear Sirs; Watt Homes and Concordia Homes through the efforts of O'Day Engineering, have been processing our improvement plans and final map for planning area B-l of the Poinsettia Shores Master Plan Community. According to O'Day Engineering and the attached correspondence, we are currently in a stale mate of conflicting directions from your respective departments. According to the Master Plan, Approved Tentative Map, Approved Conceptual Landscape Plan and the Conditions of Approval, the landscaped trail west of our soundwall, along the railroad is required. As indicated in the attached letter, Public Works Department is unwilling to allow landscape of any kind in this easement and, in fact, require different improvements altogether. The Planning Department has not been willing to discuss any deviation and, in fact, we have processed plans through the third plan check with the trail as part of the design. The landscape trail along the west edge of Planning Areas "B-l" and "D", is also a 20' sewer easement. Mr. Michael Holzmiller Mr. Lloyd Hubbs Januarys, 1998 Page 2 Clearly we can not comply with both. Numerous attempts to resolve this issue have been unsuccessful due to the intractability of each of your departments. We are requesting your immediate assistance to resolve this issue, since we have neither the authority or power to do so and since each of your departments maintain the ability to withhold the progress of this project. Please let us know of your desire in which to resolve this quickly and if we can provide anything to expedite your efforts. Very truly yours, .athan Weldy President, Operation^ art Homes, Southern California Division JMW:sdc cc: O'Day Engineering Concordia Homes Hofman Planning Associates Kaiza Poinsettia Corporation Colrich Communities Teshima Design Group Project File ,12/19/1397 12:22 760-93!" ^580 ' PAGE 02frji c.j ai utu AIIUC. tj ur uniM-ounu uuiui I/L. inn in* tviui i • uc. OCTOBER 23. 1997 ' '*" GST 388? TO; MICHAEL HOLZMILLER PLANNING DIRECTOR Attention: ANNE HYSONG From: William Plummer, District Engineer SUBJECT: PQINSETTIA SHORES DEVELOPMENT SEWER CONDITIONS The District has been plan checking the final improvement plans and grading plans for the Poinsettia Shores Development. Recently, several issues have developed concerning a proposed landscaped trafl system and sound wall adjacent to the railroad easement within Planning Areas 81, O, A3, and A4. Following is a discussion on these issues. Reference ifi made fo the enclosed map. There is a proposed landscaped trail within an existing 20-foot wide sewer easement from the northwest corner of Planning Are? B1 south to Dory Lana. The sewer easement Contains a 15-inch diameter sewer. Within this area no trees wilf be peffiwtted within the sewer easement limits. In addition, a 12-foot wide gate will be needed at Dory Lane through a proposed sound waif. The gate will be used by the SSWQF maintenance crews to access the sewer pipeline. Finally, a paved road wW need to be Installed within the sewer easement to enable large trucks to drive to the manholes from Doty Lane. A driveway shall be placed in the curb at Dory Lane to reach the gate. The design calls for a sewage Torcemain extending from a proposed lift station at Knots Lane north to th« existing 15-inch diameter sewer ending at Dory Lane. This sewage forcemain will require a 20-foot wide easement. Within the fimits of the easement no trees will be permitted, in addition, a 12-foot wide gate will be required through the proposed sound wall at Knots Lane to provide access to the forcemain by repair crews. K is important for the designer of the landscaped trail and the sound wall to be madg aware of these requirements, To assure that no conflicts occur, we aiso need to review the landscaping ptans and the sound wall plans to verify that these Hams are incorporated into the design. Ft is our understanding that O'Day Consultants is coordinating this design effort. if you have any questions on this matter or require further information please call me. Since/eJy, ff^j ^^r^ William Plurnmer 10-23-1997 02:53PM 43B0B94 P.02 Mestre Greve Associates Poinsettia Shores (Planning Area B-l) PageS Table 6 REQUIRED NOISE BARRIER HEIGHT AND LOCATION Cross Section No. Barrier Height (feet) relative to top of slope Top-of-Wall Elevation ALONG AT & SF RAILROAD (below 60 CNEL for outdoor areas) l(side lot) 1 2 3 4 ALONG AVEN1DAENCINAS 5 through 8 7.5 8.5 8.5 8.5 8.5 6.0 58.5 59.5 60.8 62.0 64.2 NOTE: Sound wall should be relative to top of slope. Top of slope refers to the higher elevation between the pad and the roadway or railroad elevation. With the noise barriers shown in Exhibit 2 and Table 6, the exterior noise levels at all outdoor living areas in Planning Area B-l will be reduced to below 60 CNEL. The noise barriers must have a surface density of at least 3.5 pounds per square foot, and have no openings or cracks. The noise barriers may be a wall, berm, or a combination of the two. The wall may be constructed of 1/4 inch plate glass, 5/8 inch plexiglass, any masonry material, or a combination of these materials. Wood and other materials may be acceptable if properly designed as noise barriers. 5.0 INTERIOR NOISE LEVELS The proposed project must comply with the interior noise standard of 45 CNEL. To comply with the interior noise standard the buildings must provide sufficient outdoor to indoor building attenuation to reduce the noise levels down to acceptable levels. The outdoor to indoor noise reduction characteristics of a building are determined by combining the transmission loss of each of the building elements which make up the building. Each unique building element has a characteristic transmission loss. For residential units the critical building elements are the roof, walls, windows, doors, attic configuration and insulation. The total noise reduction achieved is dependent on the transmission loss of each element and the area of that element in relation to the total surface area of the room. Room absorption is the final factor used in determining the total noise reduction. For interior noise analysis, the most direct way of computing the total noise reduction is through the use of the methodology published by the Federal Highway Administration ("Insulation of Buildings Against Highway Noise," FHWA-TS-77-202). This methodology consists of applying a single number weighting concept weighted for highway noise. The FHWA methodology incorporates the Exterior Wall Noise Rating scale (EWNR). This is similar to the more traditional Sound Transmission Class (STC) rating except that EWNR is specifically City of Carlsbad Engineering Department January 27, 1998 Mr. Tim Carroll O'Day Engineering 2320 Camino Vida Roble Carlsbad, Ca. 92009 CT 94-08 / DWG 354-5A: Poinsettia Shores Area B-1 Engineering Department staff has completed the review of the above-referenced drawing for conceptual design and resolution of CMWD / Sewer / Access / & Landscaping issue. The proposed design is considered acceptable. I will send a copy of this memo to Bill Plummer and to Don Mitchell and follow up with a phone call to complete the process. The vertical and horizontal meandering is a good solution to the combination of issues. The cross section detail on sheet 3 left out the landscape root barrier, we would like to see this included to complete the design concept. Please continue to process the plans and project to completion as required. If you have any questions, please feel free to contact me at (760) 438-1161 extension 4353. Associate Engineer - Land Use Review c: Principal Engineer Land Use Review Division 2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (76O) 438-1161 - FAX (76O) 431-5769 CONSULT A^NTS TRANSMITTAL LETTER TO: City of Carlsbad 2075 Las Palmas Carlsbad, CA 92009 ATTN: Clyde Wickham DATE: 1/23/98 JOB NO.:96-1034 PROJECTPoinsettia Shores RE: Area B-1 T.M.: DWG: TRANSMITTED VIA: HAND PHONE NO.: 760-438-1161 FAX NO.: 760-438-0894 ENCLOSED, please find the following: 3 sets of the revised sewer access road/pedestrian trail plan RECEIVED CITY REMARKS:Please take note that Randy Klaahsen at the Water District has approved the 10 foot A.C. road section. Please call if you should have any questions or comments. Thank you. By: Tim Carroll Project Manager cc: John Snell, Concordia Homes Jonathan Weldy, Watt Homes 2320 Camino Vida Roble Suite B Carlsbad, California 92009 760-931-7700 Fax: 760-931-8680 Civil Engineering Planning Processing Surveying E-mail:odayconsul@aol. com Jan 5 '98 11:13 P. 01 Watt Homes, Southern California Division 1073 7 Laurel Street, Suite 280 Rancho Cucamonga, CA. 91730 (909) 481-7700 act 204 Fax:(909)481-4601 FAX TRANSMISSION COVER SHEET Date: January 5, 1998 To: Mr. Lloyd Hubbs Fax: 760-438-0894 Re: Poinsettia Shores Development Sender: Jonathan Weldy YOU SHOULD RECEIVE 4 PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOTRECEnVALL THE PAGES, PLEASE CALL (909) 481-7700 ext 204. Jan 5 '98 11:14 p. 02 Watt Homes January 5, 1998 Mr. Michael Holzmiller Planning Director City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA. 92009 and Mr. Lloyd Hubbs City Engineer City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA. 92009 Re: Poinsettia Shores Development/Sewer Connections Dear Sirs; Watt Homes and Concordia Homes through the efforts of O'Day Engineering, have been processing our improvement plans and final map for planning area B-l of the Poinsettia Shores Master Plan Community. According to OT>ay Engineering and the attached correspondence, we are currently in a stale mate of conflicting directions from your respective departments. According to the Master Plan, Approved Tentative Map, Approved Conceptual Landscape Plan and the Conditions of Approval, the landscaped trail west of our soundwall, along the railroad is required. As indicated in the attached letter, Public Works Department is unwilling to allow landscape of any kind in this easement and, in fact, require different improvements altogether. The Planning Department has not been willing to discuss any deviation and, in fact, we have processed plans through the third plan check with the trail as part of the design. The landscape trail along the west edge of Planning Areas "B-l" and "D", is also a 20' sewer easement. SOUTHERN CALIFORNIA DIVISION 10737 I.AURLL STMJET, SUITE 280 • RANCHO CUCAMONC^A, CA 9173O 909-481-7700 * FAX: 909-481-4601 Jan 5 '98 11:14 P. 03 Mr. Michael Holzmiller Mr. Lloyd Hubbs January 5,1998 Page 2 Clearly we can not comply with both. Numerous attempts to re$olve this issue have been unsuccessful due to the intractability of each of your departments. We are requesting your immediate assistance to resolve this issue, since we have neither the authority or power to do so and since each of your departments maintain the ability to withhold the progress of this project. Please let us know of your desire in which to resolve this quickly and if we can provide anything to expedite your efforts. Very truly yours, ithan Weldy President, Operation/ alt Homes, Southern California Division JMW:sdc cc: O'Day Engineering Concordia Homes Hoftnan Planning Associates Kaiza Poinsettia Corporation Colrich Communities Teshima Design Group Project File Jan 5 '98 11:14 P. 04 a2 0 OCTOBER 23. 1997 '-. * GET 1S8? TOi MICHAEL HQL2MI1XER. PLANNING DIRECTOR Attention: ANNE HYSONG "i: WilWam Ptummer, District engineer >N SUBJECT: POtMSETTfA SHORES DEVELOPMENT SEWER CONDITIONS The District has been plan checking the final improvement plans and grading plans for the Poinseuia Shores Development. Recently, several issues have developed concerning a proposed landscaped trail system and sound watt adjacent to the railroad easement within Planning Areas 81, D, AS, and A4. Following is a discussion on these issues. Reference is made to the enclosed mep. There Is a proposed landscaped trail within an existing 20-foot wide sewer easement from the northwest comer of Planning Area 81 south to Dory Lane. The sewer easement contains a 15-tnch diameter sewer. Wflhto flue area no trees will be tfe/mrtted within the sewef •asement limits. In eddition, a 12-foot wide gate wW b* neefled at Dory Lane through a proposed sound wall. 7ne gate wffl be used by the swer maintenance crews to access the sewer pipeline. Finally, a paved road wW need TO be Instsaied within the sewer easement to enable lanje trucks to drive to the manholes from Doty Lane. A driveway shall be placed in the curb at Dory Lane to reach thegate. The design calls for a sewage foicemam extending from a proposed Rtt station ai Knots Lane north to the existing 15-inch diameter sewer end rig at Dory Lane. This sewage forcemain will require a 20-*wt wido casement. Within the fimte of the easement no trees will be pwrnftted. Jn addition, a 12-*jot wide gate wfll be required through the proposed sound wall at Knots Lane to provide access to thefcwBHmaUs !•«« repair crews. H te important for the designer of the landscaped voS and the sound wall to be made 4ware of tnese requirements. To Assure that no confficte occur, we also need to review the landscaping plans and the sound wall plans to verify that these items are incorporated into the design, ft is our understanding that ODay Consultants m coordinating this design effort H you have any questions on this matter or require further mtomrajioo please callme. Wflliam 18-33-199? Q25S3R1 43B0894 P,02 ' 11/20/1997 10:04 760-931-8680 PAGE 01 c cD N S U L, T A'N T S November 20, 1997 J.N.: 97-1016 Faxed &/ /-/ ?W^V«V&&'/wMr. Clyde Wicfcham, Project Enghieer City of Carlsbad .. Engineering Department 7 2075 Las Palmas Drive Carlsbad, CA 92009 Re: Poinsettia Shores Recreation Lot Grading Plan Dear Clyde: As we discussed yesterday with you, Don Mitchell and Eric Munoz, our client will be amending the master C.C.&R.'s to include "Best Management Practices". You then stated that this amendment will be required to pull building permits but that the grading permit will be issued without them. Enclosed is the amendment. This is the same language that you reviewed and approved yesterday except that it was only part of the sub-area C.C.&R.'s. Kindly review this amendment and if it is not acceptable please call me today. If I do not hear from you, I will ask my client to file the amendment. Thank you for your help. Very truly yours, O'DAYyObNSULTANTS, INC.(Mr Patrick N. O'Day President PNO/th Enclosure cc: Eileen Stinner, Watt Homes 7220 Avenida Enemas Civil Engineering F:\MSOFHCE\WINWORD\97-i016\WICKHAM.LTR Suite 204 Planning Catkhad, California 92009 Processing 760-931-7700 Surveying Fax: 760-931-8680 11/20/1997 10:04 760-931-8680 _ PAGE 02 WATT HOMES Southern California Division 10737 Laurd Strtet, Stc. 280 RtmdioCueapumff^CA 91730 (909) 481-7700, ext 215 Fax: (909) 481^4601 FAX TRANSMISSION COVER SHEET Date: November 19,1997 To: Pet CMDajp - OTtoy Consultants Far. (76O) 931~86$Q R/e: Son Padfico Master Association Sender: Bleat Stinner YOU SHOULD JR£CHV£ Z PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (909) 481-7700. Per oar phone conversation. I h«v* Artadied the finrt Amendment to the Master GC&K$ for San P»ctflca Please have these reviewed by the Oly to insure w* ate in oompUance Trtth their conditions to 6bt«3rt A buUdbtg permit for the Recreation Center, Upn their appfcvaL I -Mil l»«nre it recorded inwnediatety. I appred*te your expedient cooperation In hw matter, fleas* do not hesitate to call me at (909) 481- 7700, oo. 215 11-19-1997 05=3BPM p-0i PAGE 0311/20/1997 10:04 760-931-8680 RECORDING REQUESTED BY: CHICAGO TITLE CO. WHEN RECORDED, MAIL TO: JACKSON, DEMARCO & PECKENPAUGH(FSJ) 4 Park Plaza. Iftb Floor Post Office Box 19704 Irvine. California 92623-9704 (Space Above For Recorder's Use) FIRST AMENDMENT TO MASTER DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS FOR SAN PAdFICO This First Amendment to Master Declaration. of Covenants, Conditions and Restriction and Reservation of Easement) for San Pacifico ("First Amendment") is executed by KAIZA POINSETT1A CORPORATION, a California corporation ("Declarant") and WATT RESIDENTIAL PARTNERS, a California general partnership, db« WATT HOMES SOUTHERN CALIFORNIA ("Watt"). A. Watt is the Owner of real property ("Property") in the City of Carlsbad, County of San Diego, State of California,, described as follows: Lot 79 of Carlsbad Tract 85-14 Phase 1» (Batiquitos Lagoon Educational Park), in the City of Carlsbad, County of San Diego, State of California per Map No. 11616, Fifed in the Office of the Recorder in the County of San Diego, State of California on September 12, 1986, excepting therefrom the following described teal property: Beginning at the most Northerly comer of said Lot 46 of said Map No. 1 1616, said comer being a point o« the southerly line of Lot 79; tfaeoce south 37"! 0'20" west a distance of 44.95 feet; thence north 25°4r07" -west a distance of 4.38 feet; thence north 42°21'43" east a distance of 43.13 feet to the point of beginning, as C:\OOCS\HMZ! 13V»973WOO\AM6NBWBT»W.«I ;, • ' • " P.02 05-'38PM PAfiF" 04 11/20/1997 10:04 760-931-8680 t,uv*^ ,AV - — described in Certificate of Compliance Recorded October 19. 1989 as File No- 89- 561703 of Official Records, B. On __. ___ ___^_, *99 ...„..:. a Master Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for San Pacifico ("Master Declaration'') was recorded as Instrument No. ...^ _ __ La the Official Records of S«n Diego County. The Master Declaration encumbers Phase 1. C. At the request of the City, Declarant and Watt wish to amend the Master Declaration to add Section 10.20, restricting disposal of pollutants and add the best management practices for control of pollutant run-off as an exhibit to the Master Declaration. D. Section 1 5 .S(f) of the Master Declaration provides that Declarant And any Merchant Builder, such as Wart, may, prior to the first Close of Escrow for the sale of a Lot or Condominium in Phase I. amend the Master Declaration. THEREFORE, Declarant and Watt declare that the Master Declaration is amended as follows: 1. Section 10.20, Pollutant Runoff. The following is added as Section 1 0.20 of the Master Deelamtum. 10.20 PqfluTant Runoff. The Master Association and the Owners shall comply with plans toi th* regulation and control of pollutant run-off by using "Best Management Practices" as specified on Exhibit "H" attached hereto. 2. Exhibit "H." Exhibit "H" attached hereto is added to the Master Declaration as Exhibit "H." 3. Miscellaneous. Except as expressly modified herein., the capitalized terms in this First Amendment shall have the same meanings as are given such terms in the Master Declaration, Except as amended herein, the Master Declaration is hereby ratified and affinried by Declarant C:\DOCS\HMZ1 !3\25973\OOOlAMBND'.a27l91».01 M/1W97 '' ' . , ,_ „,--,—,.„—...- -—^-.,.-.—'£•-<::£-.- ...^ • p. 03 H-19-199? 05= 38PM 11/20/1997 10:04 760-931-8680 .,„,„„ ,-. - .- PAGE_05_ This Fi«t Amendment has been executed on , 199 . KAIZA1POINSETI1A CORPORATION, a California corporation By: Its: "Declarant" WATT RESIDENTIAL PARTNERS, a California general partnership, dba WATT HOMES SOUTHERN CAUFOKNIA By: _ Its: By: __ Its: "Watt" -3' 11-19-1997 05' 39PM PAGE 0611/20/1997 10:04 760-931-8680 .„. ^ -^ -. - • • STATE OF CALIFORNIA ) ) ss. COUNTY OP ORANGE ) On , 1997, before tnc, ^ m , personally appeared .^__________« personally known to iac (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that (he) (she) executed the same in (his) (her) authorized capacity, and that by (his) (her) signature on the instrument thfc person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal. Notary Public in and lor said Stale (SEAL) STATE OF CALIFORNIA ) )ss. COUNTY OF ORANGE ) On.., __, 1997, before me.. personally appeared , and. personally 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 to me that (he) (she) executed the same in (his) (her) authorized capacity, and that by (his) (her) 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. Notary Public in and for said State (SEAL) 1U1W97 ^^ , m . '. . ...,-. ...... •• ..... ....... ..... ....... " P. 05 BCS»39PM 11/20/1997 10:04 760-931-8680 PAGE 07( 1W Air' -*« -*• ' -~FX^ ' • ~«V '•„. *"-*, i "• * EXHIBIT "E" <=- N£> "***" to BEST MANAGEMENT PRACTICES FOR CONTROL py ffflftTTTANT RUN.OFF The following guidelines have been prepared in accordance with the residential provisions of the Best Management Practices Appendix to the Orange County NPDES Storm Water Program - Drainage Area Management Han, dated April 1 993: 1 . The Association shall periodically provide to its members environmental awareness education materials made available by the local municipalities. These materials -wit) describe the use of chemicals (including household types) that should be limited to the Properties with no discharge of specified wastes via hosing or other direct discharge to gutters, catch basins, settling basins and storm drains. 2. Tb.« Association shall maintain Association Property landscaping in a manner consistent with the County Water Conservation Resolution, or the City equivalent, plus fertilizer and pesticide usage consistent with the County Management Guidelines for Use of Fertilizers end Pesticides, or the City equivalent 3 . In conjunction with its regularly scheduled maintenance obligations, the Association shall (i) remove any litter or trash from the Association Property,* ensure the periodic emptying of trash receptacles in the Association Property, if any; and (in) enforcing the restrictions concerning the proper storage and disposal of trash by Owners. 4. The Association shall have privately maintained drainage systems and privately owned catch basins inspected and cleaned, and privately owned streets and parking areas swept prior to the storm season (no later than October 15th each year). Storm Drain Facilities shall be inspected regularly as follows: (a) Open channel $ and catch basins inspected annually before storm season and removal of debris as necessary. (b) Underground drainage facilities thirty-nine inches (39") and larger in diameter shall be inspected every two years. (c) All facilities shall have debris and sediment removed either manually or by mechanical methods. Flushing shall be used in. emergency situations only. 5 . The Association and its Members shall ensure that surface run-off in the Properly be directed to landscaped areas wherever practicable, and shall not alter existing drainage improvements or patterns as originally installed by Declarant. 6. The Association shall implement irrigation and landscaping practices consistent with the County Water Conservation Resolution, or the City equivalent, which may include provision of water sensors, programmable irrigation times, grouping of plants with similar water requirements in order to reduce excess irrigation runoff and to promote surface filtration. CliDOCS'iHMZl I JflSP73v<»WAMENDVttW19)».OI 11-19-1997 05'. 39PM P. 06 Hofman Planning Associates Octobers, 1997 Eric Munoz Planning Department RECEIVED 2075 Las Palmas Drive Carlsbad, CA92009 OCT 0 6 1997 SUBJECT: CP 94-01 (A); Planning Area B-1 Resubmittal CITY OF CARLSBAD PLANNING DEPT. Dear Eric: Accompanying this letter is the resubmittal package for the Condominium Permit Amendment (CP 94-01 (A)) for Planning Area B-1 in the Poinsettia Shores Master Plan. The resubmittal package is intended to address the single incomplete item as well as the several issues of concern. Update The Condominium Permit amendment has been modified from the previously submitted package. The most substantial modification is the elimination of the request for changes to the architecture for the area identified as financial parcels A and C (Watt Homes). Watt Homes intends to build the approved product for their portion of Planning Area B-1. Therefore, all architecture and documentation referencing financial parcels A and C are now not a part of this Condominium Permit amendment. The remaining financial parcels B and D (Concordia Homes) will continue with the requested amendment to the Condominium Permit. Watt Homes and Concordia Homes are jointly moving forward with the processing of the final map for Planning Area B-1. It is our understanding that the processing of the CP amendment for financial parcels B and D will not affect the processing of the final map pursuant to the following: 1) any request for substantial conformance must be approved by both Planning and Engineering and, 2) no phasing of the final map will be permitted without a tentative map amendment. Since both items can be accommodated by the developers of Planning Area B-1, the processing of the final map should not be affected by the CP amendment. Incomplete Item The single incomplete item was regarding the phasing of the project with multiple final maps. Accompanying this letter are signed statements from the property owners ensuring that the final map will be recorded as a single unit. These signed statements satisfies the only item that deemed that application incomplete. With these signed statements, the application should now be deemed complete. Issues of Concern The following describes how the issues of concern have been addressed. Item 1. The original Condominium Permit amendment submittal included modifications to parcels A and C. Based on the original submittal, it was determined that the CP amendment must be processed as a major CP amendment. However, since the resubmittal is requesting modification to the architecture for only parcels B and D and the single story floor plan was eliminated, a new 10% change analysis was prepared. The new percent change analysis was conducted on a unit-by-unit comparison between the approved and proposed project and demonstrates that all changes to yards, coverage, height, open space or landscaping is less than 10%. Therefore, the determination to allow for the processing of a minor amendment can be made. Item 2. References to the financial parcels are purely for descriptive purposes only and are not to infer that there will be multiple final maps. Accompanying this letter are signed statements from all property owners within Planning Area B-1 assuring that there will be no phasing or multiple final maps. Item 3. Since it is anticipated that the final map will be recorded prior to the need for model homes within parcels B and D, there is no need to identify the location of the model home complex. The location of the model home complex for the product in parcels A and C will be identified at the time of the request for building permits for these models by Watt Homes. Item 4. The floor plans have been renumbered to reduce any confusion regarding the location of each floor plan. Plan numbers 1, 2 and 3 will remain as the approved product type that will be built in parcels A and C. Plan numbers 4, 5 and 6 are the proposed product type for parcels B and D. The site plan as well as the floor plans and elevations have been revised to show the new plan numbers. Item 5. The floor plan showing the TV/media niche within the fireplace encroachment area has been eliminated. Item 6. AH references to a tentative map amendment have been removed. Item 7. Since there are no changes to any lot lines or streets, no substantial changes to grading from the approved project and the proposed project is within 10% change, the exclusive use area is the same for both the proposed and the approved projects. Therefore, a comparison of exclusive use areas is not necessary. Item 8. The total square footage of the approved and the proposed project is provided on the accompanying spreadsheet titled "Total Square Footage". item 9. No comment is needed. Item 10. The note regarding multiple phases has been removed and sign statements are provided to assure that there is no intent to process multiple final maps with this project. Item 11. The requested spot elevations are provided on the site plan. Item 12. The index map on sheet 1 provides the requested information regarding the different product type locations. Summary The accompanying resubmittal package contains a revised project description, three revised site plans, three revised floor plans and elevations, the revised 10% change analysis, the total square footage spreadsheet and the signed statements indicating that there will not be any phasing of the final map. All of these documents and information should allow for the application to be deemed complete, the determination made that the project should be processed as a minor CP amendment and address all issues of concern. Upon your review of the accompanying materials, please feel free to give me a call if you need any additional information or if you have any questions. Sincerely, Stan Weiler cc. Mike Ugar John Snell Hofman Planning Associates September 25, 1997 Eric Munoz Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009 SUBJECT: CP 94-01 (A); Planning Area B-1, No Phasing Statement Letter Dear Eric: As requested from the "incomplete" letter dated July 14, 1997, the following letter addresses item number 1 under the LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION. The following letter with the signatures provided satisfies item number 1. Item number 1 requests that one of two tasks must be completed in order to deem the application for a condominium permit amendment for Planning Area B-1 complete. The task completed and included as a part of this letter are statements from all property owners within Planning Area B-1 specifying that no phasing will be pursued or proposed as a part of the condominium permit amendment. Since the original submittal for the condominium permit amendment, Watt Residential Partners and Concordia Homes have met on several occasions regarding the development of Planning Area B-1. Based on the input from the City and their desire to develop Planning Area B-1 as economically efficient as possible, the property owners have agreed to not process separate final maps for phasing purposes. The final map for CT 94-08 will be one (single) unit for recordation. Additionally, there will be no changes to streets, grading or other infrastructure elements except those changes approved as a part of a substantial conformance request. Accompanying this letter are the signed statements from Watt Residential Partners (Attachment 1), Concordia Homes (Attachment 2) and Kaiza Poinsettia Corporation (Attachment 3). These signed statements should allow for the application for CP 94-01 (A) to be deemed complete without the need to process a tentative map amendment. If you have any questions, please feel free to give me a call. Sincerely, Stan Weiler attachments cc. Jonathan Weldy, Watt Residential Partners Mike Ugar, Concordia Homes Noriko Saiga, Kaiza Poinsettia Corporation ATTACHMENT 1 WATT RESIDENTIAL PARTNERS The following signature signifies that Watt Residential Partners has agreed to not process separate final maps for phasing purposes for CT 94-08. The final map for CT 94-08 will be processed as one (single) unit for recordation. Additionally, there will be no changes to streets, grading or other infrastructure elements except those changes approved as a part of a substantial conformance request. Jonathan Weldy, Watt Residential Partners ATTACHMENT 2 CONCORDIA HOMES The following signature signifies that Concordia Homes has agreed to not process separate final maps for phasing purposes for CT 94-08. The final map for CT 94-08 will be processed as one (single) unit for recordation. Additionally, there will be no changesA) streets, grading or other infrastructure elements except those changes approved as a part o/ja substantial conformance request. g^r, tefoncordia" Ho ATTACHMENT 3 KAIZA POINSETTIA CORPORATION The following signature signifies that Kaiza Poinsettia Corporation has agreed to not process separate final maps for phasing purposes for CT 94-08. The final map for CT 94-08 will be processed as one (single) unit for recordation. Additionally, there wiirtje no changes to streets, grading or other infrastructure elements except those changes' approved as apart of a substantial conformance request. 1 ~N \ Noriko Saiga, Kaiza Poinsettia Corporation PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Planning Area B-1; Poinsettia Shores Applicant/Developer: APPLICANT NAME: Carlsbad 90, LLC (a division of Concordia Homes) 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: This project is proposing a Minor Amendment to the approved Condominium Permit (CP 94-01) for a portion of Planning Area B-1 of the Poinsettia Shores Master Plan. The amendment proposes changes to the architecture and floor plans for only financial parcels B and D within Planning Area B-1. The changes are within 10% of the approved yards, coverage, height, open space and landscaping thereby qualifying as a minor amendment pursuant to the Planned Development Ordinance. The approved Tentative Map (CT 94-08) for Planning Area B-1 will not be modified as a part of the request for a Condominium Permit Amendment. Planning Area B-1 is located within the Poinsettia Shores Master Plan as depicted on the attached Location Map. A variety of existing and future land uses are adjacent to Planning Area B-1 including Avenida Encinas, the Lakeshore Gardens Mobile Home Park and the railroad right-of-way. Planning Area B-1 contains four financial parcels (A, B, C, D). Parcel A is owned by Watt Residential Partners, Parcel B is owned by Carlsbad 90 LLC (Concordia Homes), Parcel C is owned by Kaiza Poinsettia but will be developed by Watt Residential Partners and Parcel D is owned by Kaiza Poinsettia but will be developed by Concordia Homes. Also attached is a property ownership map which shows the location of each of the parcels within Planning Area B-1. For Parcels A and C, consisting of a total of 68 units, Watt Residential Partners intends to proceed with the architecture approved by the original Condominium Permit. As mentioned previously, Concordia Homes intends to modify only the architecture within Parcels B and D consisting of the remaining 90 units. The product proposed by Concordia Homes will continue to be single family detached units on a common lot. In order to eliminate any confusion between the approved and the proposed product within Planning Area B-1, the proposed product type is identified as Plan 4, Plan 5 and Plan6. The square footage for each unit is as follows: Plan 4 is 1,859 square feet with a building height of 24 feet; Plan 5 is 2,011 square feet with a building height of 24 feet and 4 inches; Plan 6 is 2,226 square feet with a building height of 24 feet. Each floor plan will also have three different architectural facades. Therefore, the proposed project within Parcels B and D will contain nine different plans. As previously approved for CP 94-01, all garages face internal 24 foot wide courtyards and every unit is served by a two car garage. Rev. 4/91 ProjDesc.frm BATIQUITOS LAGOON Hofman Planning •• Associ ates Date: May 21, 1997 Location Map POINSETTIA SHORES v.. •• SAN DiLGO NORTHERN RALROAD Hofman Planning Associ ates Source: O'Dav Consultants PROPERTY OWNERSHIP PLANNING AREA B-1 Planning Area B-1 Total Square Footage - Units 69-158 Unit Number 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 Approved Plan Type Planl Plan 3 Plan 2 Plan3 Planl Plan3 Planl PlanS Plan 2 PlanS Planl PlanS Plan 2 Plan 3 Planl Plan 3 Plan 2 PlanS Plan 2 Plan 3 Planl Planl PlanS PlanS Planl PlanS Plan 2 PlanS Plan 2 PlanS Planl Plan 3 Planl PlanS Plan 2 Plan 3 Planl PlanS Plan 2 PlanS Planl PlanS Plan 2 PlanS Planl PlanS Plan 2 Plan 3 Planl PlanS Plan 2 Plan 3 Planl PlanS Plan 2 PlanS Planl PlanS PlanS Plan 2 Plan3 Planl PlanS Plan 2 PlanS Planl PlanS Plan 2 PlanS Planl PlanS Plan 2 PlanS Planl PlanS Plan 2 PlanS Planl PlanS Planl PlanS Plan 2 PlanS Planl PlanS Plan 2 PlanS Planl Plan 3 PlanS Total Average per Unit Approved Living Area (Sq.Ft.) 1655 2152 1869 2152 1655 2152 1655 2152 1869 2152 1655 2152 1869 2152 1655 2152 1869 2152 1869 2152 1655 1655 2152 2152 1655 2152 1869 2152 1869 2152 1655 2152 1655 2152 1869 2152 1655 2152 1869 2152 1655 2152 1869 2152 1655 2152 1869 2152 1655 2152 1869 2152 1655 2152 1869 2152 1655 2152 2152 1869 2152 1655 2152 1869 2152 1655 2152 1869 2152 1655 2152 1869 2152 1655 2152 1869 2152 1655 2152 1655 2152 1869 2152 1655 2152 1869 2152 1655 2152 2152 176,092 1956.677778 Proposed Plan Type PlanS Plan6 PlanS Plan6 PlanS Plan 4 PlanS Plan6 PlanS Plane Plan 4 Plane PlanS Plane Plan 4 Plane PlanS Plane Plan 4 Plane PlanS PlanS Plane Plane PlanS Plane PlanS Plan6 Plan 4 Plane PlanS Plane Plan 4 Plane PlanS Plan6 PlanS Plane PlanS Plane Plan 4 Plan6 PlanS Plan6 Plan 4 Plane PlanS Plan6 Plan 4 Plane PlanS Plane Plan 4 Plan6 PlanS Plane Plan 4 Plan6 Plane PlanS Plane Plan 4 Plane PlanS Plane PlanS Plane PlanS Plane Plan 4 Plan6 PlanS Plan6 Plan 4 Plane PlanS Plan6 Plan 4 Plan6 PlanS Plan6 PlanS Plane PlanS Plane PlanS Plan6 Plan 4 Plan6 Plan6 Proposed Living Area (Sq.Ft.) 2011 2226 2011 2226 2011 1859 2011 2226 2011 2226 1859 2226 2011 2226 1859 2226 2011 2226 1859 2226 2011 2011 2226 2226 2011 2226 2011 2226 1859 2226 2011 2226 1859 2226 2011 2226 2011 2226 2011 2226 1859 2226 2011 2226 1859 2226 2011 2226 1859 2226 2011 2226 1859 2226 2011 2226 1859 2226 2226 2011 2226 1859 2226 2011 2226 2011 2226 2011 2226 1859 2226 2011 2226 1859 2226 2011 2226 1859 2226 2011 2226 2011 2226 2011 2226 2011 2226 1859 2226 2226 188,233 2091.477778 10/6/97 10% Change Analysis Planning Area B-1 Required Rear Yard Areas Unit Number 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 Approved Approved Plan Type Rear Yard Planl Plan 3 Plan 2 Plan3 Planl Plan3 Planl Plan3 Plan 2 Plan3 Planl Plan3 Plan 2 PlanS Plan 1 PlanS Plan 2 PlanS Plan 2 PlanS Planl Planl PlanS PlanS Planl PlanS Plan 2 PlanS Plan 2 PlanS Planl PlanS Planl PlanS Plan 2 PlanS Planl PlanS Plan 2 PlanS Planl PlanS Plan 2 PlanS Planl PlanS Plan 2 PlanS Planl PlanS Plan 2 Plan3 Planl PlanS Plan 2 Plan3 Plan 1 PlanS PlanS Plan 2 PlanS Plan 1 PlanS Plan 2 PlanS Planl PlanS Plan 2 PlanS Planl PlanS Plan 2 PlanS Planl PlanS Plan 2 Plan3 Planl PlanS Planl PlanS Plan 2 PlanS Planl PlanS Plan 2 PlanS Planl PlanS PlanS Total 10'x 30' Rear Yards 15'x15' 15'x15' 15-X15' 15'x15' 15'x15' 15'x15' 15'x15' 15'x15' 15'x15' 15' x IS- IS1 x 15' 15'x15' 15' x IS- IS' x 15' 15'x15' 10'x30' 15'x15' 10'x30' 15rx15' 15'x15' 15'x15' 15'x15' 15'x15' 15'x15' 15'x15' 15'x15- 15' x IS- IS1 x 15' 15'x15' 10' x 30' 15'x15' 15'x15' 15'x15' 15'x15' 15'x15' 15'x15' 15'x15' '10'X30' 15-X151 10'x30' 1S'x15' 10'x30' 15'x15' 10'x30' 1S'x15' 10'x30' 1S'x15' 10'x30" 15'x15' 10'X30' 15'x15' 10'x30' 15'x15' 10'x30' 15'x15' 10'x30' 15-X15' 10'x30' 1S'x15' 15'x15' 1S'x15' 15'x15' 15'x15' 15'x15' 15'x15' 15'x15' 1S'x15' 15'x15' 15'x15' 15'x15' 15'x15' 15'x15- 15'x15' 15'x15' 10'x30' 1S'x15' 10'x30' 15'x15' 10'x30' 15'x15' 1S'x15' 15'xlS1 15'x15' 15'x15' 15'x15' 15'x15' 15'xlS1 15'x15' 15'x15' 1S'x15' 17 Proposed Plan Type PlanS PlanS PlanS Plan6 PlanS Plan 4 PlanS Plane PlanS Plane Plan 4 Plane PlanS Plan6 Plan 4 Plan6 PlanS Plane Plan 4 Plane PlanS PlanS Plane Plan6 PlanS Plan 6 PlanS Plane Plan 4 Plan6 PlanS Plan 6 Plan 4 Plane PlanS Plane PlanS Plane PlanS Plane Plan 4 Plane PlanS Plane Plan 4 Plane PlanS Plane Plan 4 Plane PlanS Plan6 Plan 4 Plane PlanS Plane Plan 4 Plane Plane PlanS Plane Plan 4 Plane PlanS Plane PlanS Plane PlanS Plane Plan 4 Plane PlanS Plane Plan 4 Plane PlanS Plane Plan 4 Plane PlanS Plane PlanS Plane PlanS Plane PlanS Plane Plan 4 Plane Plane Proposed Rear Yard 15'x15- 1S'x15' 15'x15- 15' x IS- IS' x 15' 15-X15- 1S'x15' 15'x15- 15'x15' 15-X151 1S'x15' 15'x15' 15'x15' 15'x15' 15'xlS' 15'x15' 1S'x15- 15-X15' 15'x15' 15'x15- 15-X15' 15'x15- 15'x15' 15'x15' 15'x15' 1S'x15' 15'x15' 15'x15' 15'x15' 15' x IS- IS' x 15' 15' x IS- IS' x 15' 15-X15' 15'x15' 15'x15- 15' x 15' 15'x15' 1S'x15- 15'x15- 15-X15' 15'x15' 15'x15' 15'x15' 15' x IS- IS' x 15' 15'x15' 15'x15' 1S'x15' 15'x15' 15'x15' 15'x15' 15'x15' 1S'x15' 1S'x15' 1S'x15' 15'x15' 15'x15' 15'x15' 15'x15' 15-X151 15'x15' 15'x15' 1S'x15' 15'x15' 15' x IS- IS1 x 15' 1S'x15- 15'x15- 15'x15' 15'x15' 15'x15- 15'x15- 15'x15' 15'x15' 15'x15' 15'x15' 15'x15' 15-X15' 15'x15- 15'x15' 15'x15' 15'x15' 15'x15' 15'x15- 1S'x15- 15'x15- 15'x15' 1S'x15' 15'x15' 0 10/3/97 10% Change Analysis Planning Area B-1 Building Height Unit Number 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 Approved Plan Type Planl Plan3 Plan 2 Plan3 Planl PlanS Planl PlanS Plan 2 PlanS Planl PlanS Plan 2 PlanS Planl PlanS Plan 2 PlanS Plan 2 PlanS Planl Planl PlanS PlanS Planl PlanS Plan 2 PlanS Plan 2 PlanS Plan 1 PlanS Plan 1 PlanS Plan 2 PlanS Planl PlanS Plan 2 PlanS Plan 1 PlanS Plan 2 PlanS Planl PlanS Plan 2 PlanS Plan 1 PlanS Plan 2 PlanS Planl PlanS Plan 2 PlanS Planl PlanS PlanS Plan 2 PlanS Plan 1 PlanS Plan 2 Plan3 Planl PlanS Plan 2 PlanS Planl PlanS Plan 2 PlanS Planl PlanS Plan 2 PlanS Plan 1 PlanS Planl PlanS Plan 2 PlanS Plan 1 Plan3 Plan 2 PlanS Planl PlanS PlanS Average per Unit Approved Building Height (ft.) 26.0 27.0 26.0 27.0 26.0 27.0 26.0 27.0 26.0 27.0 26.0 27.0 26.0 27.0 26.0 27.0 26.0 27.0 26.0 27.0 26.0 26.0 27.0 27.0 26.0 27.0 26,0 27.0 26.0 27,0 26,0 27,0 26,0 27.0 26,0 27,0 26.0 27,0 26,0 27.0 26.0 27.0 26.0 27.0 26.0 27.0 26.0 27.0 26.0 27.0 26.0 27.0 26.0 27.0 26.0 27.0 26.0 27.0 27.0 26.0 27.0 26.0 27.0 26.0 27.0 26.0 27.0 26.0 27.0 26.0 27.0 26.0 27.0 26.0 27.0 26.0 27.0 26.0 27.0 26,0 27.0 26,0 27.0 26.0 27,0 26.0 27.0 26.0 27.0 27.0 26.5 Proposed Plan Type PlanS Plan6 PlanS Plan6 PlanS Plan 4 PlanS Plane PlanS Plane Plan 4 Plane PlanS Plan6 Plan 4 Plane PlanS Plan6 Plan 4 Plan6 PlanS PlanS Plane Plane PlanS Plane PlanS Plane Plan 4 Plane PlanS Plane Plan 4 Plane PlanS Plan6 PlanS Plane PlanS Plane Plan 4 Plane PlanS Plane Plan 4 Plane PlanS Plan6 Plan 4 Plane PlanS Plane Plan 4 Plane PlanS Plane Plan 4 Plane Plane PlanS Plane Plan 4 Plane PlanS Plane PlanS Plane PlanS Plan6 Plan 4 Plane PlanS Plane Plan 4 Plane PlanS Plane Plan 4 Plane PlanS Plane PlanS Plane PlanS Plane PlanS Plane Plan 4 Plane Plane Proposed Building Height (ft.) 24.3 24.0 24.3 24.0 24.3 24.0 24.3 24.0 24.3 24.0 24.0 24.0 24.3 24.0 24.0 24.0 24.3 24.0 24.0 24.0 24.3 24.3 24.0 24.0 24.3 24.0 24.3 24.0 24.0 24.0 24.3 24.0 24.0 24.0 24.3 24.0 24.3 24.0 24.3 24.0 24.0 24.0 24.3 24.0 24.0 24.0 24.3 24.0 24.0 24.0 24.3 24.0 24.0 24.0 24.3 24.0 24.0 24.0 24.0 24.3 24.0 24.0 24.0 24.3 24.0 24.3 24.0 24.3 24.0 24.0 24.0 24.3 24.0 24.0 24.0 24.3 24.0 24.0 24.0 24.3 24.0 24.3 24.0 24.3 24.0 24.3 24.0 24.0 24.0 24.0 24.2 Percent Change Building Height (ft.) -7% -11% -7% -11% -7% -11% -7% -11% -7% -11% -8% -11% -7% -11% -8% -11% -7% -11% -8% -11% -7% -7% -11% -11% -7% -11% -7% -11% -8% -11% -7% -11% -8% -11% -7% -11% -7% -11% -7% -11% -8% -11% -7% -11% -8% -11% -7% -11% -8% -11% -7% -11% -8% -11% -7% -11% -8% -11% -11% -7% -11% -8% -11% -7% -11% -7% -11% -7% -11% -8% -11% -7% -11% -8% -11% -7% -11% -8% -11% -7% -11% -7% -11% -7% -11% -7% -11% -8% -11% -11% -8% 10/3/97 10% Change Analysis Planning Area B-1 Coverage || Approved Project Unit Number 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 Plan Type Planl Plan3 Plan 2 Plan3 Planl Ran 3 Planl Plan3 Plan 2 PlanS Planl Ran 3 Ran 2 Ran 3 Rani Ran3 Plan 2 Plan3 Plan 2 PlanS Planl Rani Plan3 Ran 3 Planl Ran 3 Ran 2 RanS Plan 2 RanS Rani Ran 3 Plan 1 Ran 3 Plan 2 PlanS Plan 1 RanS Plan 2 PlanS Rani RanS Ran 2 RanS Rani Ran 3 Ran 2 PlanS Planl PlanS Ran 2 RanS Rani PlanS Ran 2 RanS Rani RanS RanS Ran 2 RanS Rani RanS Ran 2 PlanS Ran 1 PlanS Plan 2 PlanS Plan 1 Plan 3 Plan 2 PlanS Plan 1 Ran 3 Ran 2 RanS Rani RanS Rani RanS Ran 2 RanS Ran 1 RanS Ran 2 Ran 3 Ran 1 Ran 3 RanS Average per Unit Building Footprint (sq.ft.) 1,203 1,421 1,382 1,421 1,203 1,421 1,203 1,421 1,382 1,421 1,203 1,421 1,382 1,421 1,203 1,421 1,382 1,421 1 ,382 1,421 1,203 1,203 1,421 1,421 1,203 1,421 1,382 1,421 1,382 1,421 1,203 1,421 1,203 1,421 1,382 1,421 1,203 1,421 1,382 1,421 1,203 1,421 1,382 1,421 1,203 1,421 1,382 1,421 1,203 1,421 1,382 1,421 1,203 1,421 1,382 1,421 1,203 1,421 1,421 1,382 1,421 1,203 1,421 1,382 1,421 1,203 1,421 1,382 1,421 1,203 1,421 1,382 1,421 1 ,203 1,421 1,382 1,421 1,203 1,421 1,203 1,421 1,382 1,421 1,203 1,421 1,382 1,421 1,203 1,421 1,421 1,354 Lot Area Percent Coverage 27.7% 47.0% 35.7% 46.2% 35.4% 30.0% 33.7% 40.9% 37.7% 46.2% 34.2% 49.5% 40.1% 46.7% 34.4% 47.1% 39.5% 46.3% 39.5% 48.3% 23.9% 36.7% 36.0% 34.1% 28.2% 44.5% 35.0% 45.6% 38.4% 43.8% 34.6% 47.9% 32.1% 47.9% 37.1% 46.7% 21.9% 36.5% 29.5% 45.6% 34.4% 46.0% 38.9% 47.5% 33.4% 47.5% 39.8% 50.9% 33.9% 47.1% 39.8% 47.1% 34.6% 46.3% 40.6% 50.4% 31.0% 44.2% 17.4% 35.2% 47.1% 33.4% 52.7% 38.9% 44.9% 35.2% 47.5% 44.3% 40.0% 33.9% 50.4% 37.6% 44.9% 33.4% 56.9% 26.8% 46.6% 26.2% 36.3% 35.2% 50.0% 40.1% 50.0% 35.2% 49.1% 41 .3% 49.1% 35.1% 49.1% 22.1% Proposed Project Plan Type PlanS Plan6 RanS Ran6 RanS Ran 4 PlanS Ran6 RanS Ran6 Plan 4 Ran6 RanS Ran 6 Ran 4 Plane PlanS Plane Plan 4 Ran6 RanS RanS Ran6 Ran6 RanS Ran 6 RanS Ran 6 Plan 4 Ran6 RanS Plan6 Ran 4 Ran6 PlanS Plane RanS Ran6 PlanS Plane Plan 4 Plan 6 PlanS Plan6 Ran 4 Ran 6 RanS Plane Ran 4 Plane PlanS Plan6 Plan 4 Plane PlanS Plane Ran 4 Ran6 Plan6 PlanS Ran 6 Plan 4 Plane RanS Ran6 RanS Plane RanS Ran 6 Plan 4 Ran6 PlanS Ran6 Ran 4 Ran6 RanS Ran 6 Ran 4 Ran 6 RanS Ran 6 RanS Ran 6 PlanS Ran 6 PlanS Ran 6 Ran 4 Ran 6 Plane 39.97. | Building Footprint (sq.ft.) 1 ,420.5 1 ,439.8 1,420.5 1,439.8 1,420.5 1,278.5 1,420.5 1,439.8 1,420.5 1,439.8 1,278.5 1,439.8 1,420.5 1,439.8 1,278.5 1 ,439.8 1,420.5 1,439.8 1,278.5 1,439.8 1,420.5 1,420.5 1,439.8 1,439.8 1,420.5 1,439.8 1,420.5 1,439.8 1,278.5 1,439.8 1,420.5 1 ,439.8 1,278.5 1 ,439.8 1,420.5 1 ,439.8 1,420.5 1,439.8 1,420.5 1 ,439.8 1,278.5 1,439.8 1,420.5 1,439.8 1,278.5 1,439.8 ,420.5 ,439.8 ,278.5 ,439.8 ,420.5 1,439.8 1,278.5 1,439.8 1,420.5 1 ,439.8 1,278.5 1,439.8 1,439.8 1,420.5 1,439.8 1,278.5 1,439.8 1,420.5 1,439.8 1,420.5 1 ,439.8 1,420.5 1 ,439.8 1 ,278.5 1 ,439.8 1,420.5 1,439.8 1 ,278.5 1 ,439.8 1 ,420.5 1 ,439.8 1,278.5 1,439.8 1,420.5 1,439.8 1 ,420.5 1,439.8 1,420.5 1 ,439.8 1 ,420.5 1 ,439.8 1 ,278.5 1 ,439.8 1,439.8 1,405 Lot Area Percent Coverage 32.7% 47.6% 36.7% 46.8% 41.8% 27.0% 39.8% 41.5% 38.7% 46.8% 36.3% 50.2% 41.2% 47.3% 36.5% 47.7% 40.6% 46.9% 36.5% 48.9% 28.2% 43.4% 36.5% 34.6% 33.3% 45.1% 35.9% 46.2% 35.5% 44.4% 40.9% 48.5% 34.1% 48.5% 38.2% 47.3% 25.9% 37.0% 30.3% 46.2% 36.5% 46.6% 40.0% 48.1% 35.5% 48.1% 40.9% 51.5% 36.0% 47.7% 40.9% 47.7% 36.8% 46.9% 41.8% 51.1% 32.9% 44.8% 17.6% 36.2% 47.7% 35.5% 53.4% 40.0% 45.5% 41.5% 48.1% 45.6% 40.6% 36.0% 51.1% 38.7% 45.5% 35.5% 57.7% 27.5% 47.3% 27.9% 36.7% 41.5% 50.6% 41.2% 50.6% 41.5% 49.7% 42.4% 49.7% 37.3% 49.7% 22.4% 41.3% Change Lot Area 5% 1% 1% 1% 6% -3% 6% 1% 1% 1% 2% 1% 1% 1% 2% 1% 1% 1% -3% 1% 4% 7% 0% 0% 5% 1% 1% 1% -3% 1% 6% 1% 2% 1% 1% 1% 4% 0% 1% 1% 2% 1% 1% 1% 2% 1% 1% 1% 2% 1% 1% 1% 2% 1% 1% 1% 2% 1% 0% 1% 1% 2% 1% 1% 1% 6% 1% 1% 1% 2% 1% 1% 1% 2% 1% 1% 1% 2% 0% 6% 1% 1% 1% 6% 1% 1% 1% 2% 1% 0% 1.47. 10/3/97 ,--«,, OCT 30San Diego Gas & Electric An Enova Company .-..,-. ENGINEERING DEPARTMENT October 28, 1997 City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 ATTN: City Engineer RE: Carlsbad Tract No. 94-08 (Poinsettia Shores Area B-l) Please be advised that the division of the property shown on Tract 94-08 will not unreasonably interfere with the free and complete exercise of any easement(s), held by San Diego Gas & Electric Company within the boundaries of said tentative map. This letter should not be construed as a subordination of the Company's rights, title and of the provisions contained in said easement(s) or a waiver of costs for relocation of any interest in and to said easement(s), nor should this letter be construed as a waiver of any affected facilities. In the event that the development requires relocation of facilities, on the subject property, which facilities exist by right of easement or otherwise, the owner/developer will be requested to bear the cost of such relocation and provide SDG&E with suitable replacement rights. Such costs and replacement rights are required prior to the performance of the relocation. If additional information is required in connection with the above mentioned subject, please call Linda Victoria at (619) 696-2478. Respectfully, Linda Victoria Land Assistant cc O'DAY CONSULTANTS CONSULT A/^ NTS September 10, 1997 J.N.: 97-1022 City of Carlsbad Engineering Department 2075 Las Palmas Drive Carlsbad, CA 92009 Re: Final Survey Monumentation for Poinsettia Shores Area B-l, C.T. 94-08 Dear Sirs: We estimate the cost for the setting of the final survey monumentation to be $15,000.00. Very truly yours, O'DAY CONSULTANTS, INC. & § 'c,\ "*CO ' ^ TO I rn•li- No. 55381 ;-\ m 1 Exp. (2/31/00 / , Tim Carroll Project Manager cc: Mr. Mike Ugar, Concordia Mr. Jonathan Weldy, Watt Homes F:\MSOFFICE\WINWORD\97-1022\City.ltr 7220 Avenida Encinas Civil Engineering Suite 204 Planning Carlsbad, California 92009 Processing 619-931-7700 Surveying Fax:619-931-8680 CFlYOi d&HLSBAD S DRIVE RNIA 92009-1576 2075 LAS CARLSBAD, C (619)438-1161 ENGINEERING DEPARTMENT TO CHICAGO TITLE LETTER OF TRANSMITTAL 925 "B" STREET, SAN DIEGO, CA. 92101 TEL. (619)544-6234 ASKFORTOMVOTEL FEBRUARY 1, 1999 PR2.3.249 & PR2.3.250 ATTFNTinN TOM VOTEL RE: APOSTILLE(S) FOR DOCUMENTS FROM JAPAN WE ARE SENDING YOU O Shop Drawings Attached CH Under separate cover via Prints D Plans D Samples D Specifications the following items: COPIES fj Copy of letter Dated D Change Order Q DATE NO. 2 DESCRIPTION APOSTILLE / NOTARIES FOR DOCUMENTS FROM JAPAN. THESE ARE TRANSMITTED AS CHECKED BELOW: For approval For your use As requested For review and comment For your action O For checking D Approved as submitted D Approved as noted [U Returned for corrections D Resubmit _ copies for approval Design only, not for construction Return _ corrected prints REMARKS AS WE DISCUSSED, THESE WERE ATTACHED TO DOCUMENTS TO BE RECORDED A FEW MONTHS AGO. THE COUNTY RECORDER HAD PROBLEMS WITH THEM & RETURNED THEM FOR CORRECTIONS. LET ME KNOW IF THERE ARE COMPLICATIONS OR ADDITIONAL ISSUES. COPY TO: FILE SIGNED: nni fl.«a nntttH kindlv notf/V us at once. 'CARLSBAD > PALMAS DRIVE CARLSByf/D, CALIFORNIA 92009-1576 9)438-1161 ING DEPARTMENT TO FIRST AMERICAN TITLE INS. CO. 411 IVY STREET, SAN DIEGO CA 92112 TEL. 231-4664 ASK FOR MARTINE CARDIN-ALLEN LETTER*OF TRANSMITTAL DATF FEBRUARY 1, 1999 .inn NO PR 2.3.134 & PR 3.3.28 ATTENTION MARTINE CARDIN-ALLEN - Title Officer RE: APOSTILLE(S) FOR DOCUMENTS FROM JAPAN WE ARE SENDING YOU D Shop Drawings D Copy of letter Dated E] Attached D Under separate cover via D Prints D Plans D Samples | D Change Order D the following items: Specifications COPIES DATE NO. 2 DESCRIPTION APOSTILLE / NOTARIES FOR DOCUMENTS FROM JAPAN. THESE ARE TRANSMITTED AS CHECKED BELOW: For approval For your use As requested For review and comment For your action For checking Approved as submitted Approved as noted Returned for corrections c c Resubmit copies for approval Design only, not for construction Return corrected prints REMARKS AS WE DISCUSSED, THESE WERE ATTACHED TO DOCUMENTS TO BE RECORDED A FEW MONTHS AGO. THE COUNTY RECORDER HAD PROBLEMS WITH THEM & RETURNED THEM FOR CORRECTIONS. LET ME KNOW IF THERE ARE COMPLICATIONS OR ADDITIONAL ISSUES. COPY TO: FILE SIGNED: If enclosures are not as noted, kindly notify us at once. CnY OF CARLSBAD 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-1576 (619)438-1161 ENGINEERING DEPARTMENT TO FIRST AMERICAN TITLE INS. CO. 411 IVY STREET, SAN DIEGO CA 92112 TEL. 231-4664 ASK FOR MARTINE CARDIN-ALLEN LETTEirOF TRANSMITTAL JANUARY 29,1999 .IDR ND PR 2.3.134 & PR 3.3.28 ATTFNTION MARTINE CARDIN-ALLEN - Title Officer RE: PR 2.3.134 & PR 3.3.28 (2) GRANT DEEDS AND (2) SUBORDINATION AGREEMENTS WE ARE SENDING YOU D Shop Drawings O Copy of letter Dated Attached Q Under separate cover via Prints D Plans D Samples | Change Order Q the following items: Specifications COPIES DATE NO. 1 1 DESCRIPTION PR 2.3.134 .GRANT DEED AND SUBORDINATION AGREEMENT PR 3.3.28 .GRANT DEED AND SUBORDINATION AGREEMENT THESE ARE TRANSMITTED AS CHECKED BELOW: d For checking d Approved as submitted d Approved as noted For review and comment d Returned for corrections For your action d For approval d For your use d As requested d Resubmit copies for approval d Design only, not for construction d Return corrected prints REMARKS PLEASE RECORD 4 ATTACHED DOCUMENTS (2 EASEMENT GRANT DEEDS & 2 SUBORDINATION AGREEMENTS) AS REQUIRED. COPY TO: FILE SIGNED: If enclosures are not as noted, kindly notify us at once. JANUARYS, 1999 RECEIVED JAN 0 6 1999 ENGINEERING DEPARTMENT TO: CLYDE WICKHAM, ENGINEERING FROM: LORRAINE WOOD, OFFICE OF CITY CLERK RE: DOCUMENTS RETURNED FROM THE RECORDER FOR CORRECTION. To begin the new year I am sending out notices for documents still marked as "outstanding" in the City Clerk's Recordation Transmittal file. Please review the table below for my list of outstanding documents. An update on their status would be appreciated. Thank you. irraine Wood Name of Document Grant Deed Subordination Agreement Grant Deed Subordination Agreement Grant Deed Subordination Agreement Subordination Agreement Grant Deed Subordination Agreement Development Poinsettia Shores - PR 2.3.250/CT 94-08 * Poinsettia Shores - PR 2.3.250/CT 94-08 * Poinsettia Shores - PR 2.3.134/CT 94-04 * Poinsettia Shores - PR 2.3.134/CT 94-04 * Poinsettia Shores - PR 2.3.249/CT 94-08 * Poinsettia Shores - PR 2.3.249/CT 94-08 * Poinsettia Shores - PR 2.3.249/CT 94-08 * Poinsettia Shores - PR 3.3.28/CT 94-05 * Poinsettia Shores - PR 3.3.28/CT 94-05 * Ret'd from Co. Recorder 11/4/98 11/4/98 11/4/98 11/4/98 11/4/98 11/4/98 11/4/98 - 11/4/98 11/4/98 Sent to Eng. 11/6/98 11/6/98 11/6/98 11/6/98 11/6/98 11/6/98 11/6/98 11/6/98 11/6/98 City of Carlsbad Engineering Department Document Recordation Transmittal To: City Clerk From: Date: l-2Q~Tl Via: Principal Civil Engineer REOUESTTO PROCESS DOCUMENTS FOR RECORDATION PROJECT ID NQ-(S)(^e6 #1 USn PROJECT NAME PR 2.3.134 Grant Deed of Easement PR 2.3.134 Subordination Agreemen PR 2.3.249 Grant Deed of Easement PR 2.3.249 Subordination Agreemen PR 2.3.249 Subordination Agreemen PR 2.3.250 Grant Deed of Easement PR 2.3.250 Subordination Agreemen PR 3.3.28 Grant Deed of Easement INSTRUCTIONS: /VOkfc PR 3.3.28 Subordination Agreemen 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. When available, please return a copy of the recorded document(s) to this office for our records. SPECIAL INSTRUCTIONS: t Tle Affucwr D Hold Harmless Agrm't - Drainage Q Hold Harmless Agrm't - Driveways O Other D D Hold Harmless Agrm't - Geological Failure Hold Harmless Agrm't - Panhandle Lots cc:File Docs\Misforms\Documenl Recordation Transm.Rev 09/25/95 COUNTY OF SAN DIE<SO ASSESSOR'StJFFICE 1600 PACIFIC HIGHWAY, RM. 103 SAN DIEGO, CA 92101-2480 (619) 236-3771 • FAX (619) 557-4056 GREGORY J. SMITH ASSESSOR/RECORDER/COUNTY CLERK Internet: http://www.co.san-diego.ca.us RECORDER/COUNTY CLERK'S OFFICE 1600 PACIFIC HIGHWAY, RM.260 P.O. BOX 121750, SAN DIEGO, CA 92112-1750 (619) 237-0502 • FAX (619) 557-4155 Correspondence Number: 963749219981104 CITY OF CARLSBAD SHERRIE D WORRELL 1200 CARLSBAD VILLAGE CARLSBAD, CA 92008 DR November 04, 1998 Dear SHERRIE D WORRELL: We are returning your document(s) unrecorded for the following reason(s): For recording purposes, state law establishes a standard page size of 8 1/2" x 11". Also according to state law, pages cannot exceed 8 1/2" x 14" in size. In addition to regular recording fees, state law requires the payment of another $3.00 PER page if the document contains ANY page which is not exactly 8 1/2 " x 11". (Government Code 27361) State law does not permit the recording of documents containing a foreign language unless translated into English. For recording purposes, the translator must swear or affirm that the translation is true and correct. In addition, the translation must be certified with a court seal by a judge of a California court. Please attach the translation and the judge's certification to the document and return it to us for recording. An additional $3.00 fee for each attached page is also required for recording. (Government Code 27293) The current recording fees are as follows: $7.00 for the first page of each document. $3.00 for each additional page of each document. $7.00 for each additional title on same document. Also, state law requires the payment of an additional $3.00 PER page if the document contains ANY page which is not exactly 8 1/2" x 11". (Government Code 27361 et seq) Please return this correspondence with your document(s). Thank you for your cooperation in resolving this matter. If you have any questions, please contact the Recorder's Customer Service Desk at (619) 237-0502 and press 10. CONSULT A/NTS TRANSMITTAL LETTER TO: City of Carlsbad 2075 Las Palmas Carlsbad, CA 92009 ATTN: Clyde Wickham DATE: 11/17/98 JOB NO.:96-1034 PROJECT:Poinsettia Shores RE: Scope of Work TM: DWG: TRANSMITTED VIA: HAND PHONE NO.: 760-438-1161 FAX NO.: 760-438-0894 ENCLOSED, please find the following: 1 copy of Document 1998-0699348 (recorded document with Japanese notary) t<OEI REMARKS: Please call if you should have any questions or need any additional information. Thank you. By: Tim Carroll Project Manager cc: Steve Kabel, Watt Homes Brian Nestoroff, Greystone Homes 5900 Pasteur Court Suite 100 Carlsbad, California 92008 760-931-7700 Fax: 760-931-8680 Civil Engineering Planning Processing Surveying E-mail:odayconsul@aol. com s-s ,' ' '• •'.''"' '';-'••#-&'':-: '•.'',' '•'• »53 RECORDING REQUESTED BY: OCT 28 * 1998 1 = 58 PM Chicago Tide Company CFFICM. RECORDS 925 B Street m DffiBO CQUHTY RECORDER'S OFFICE San Diego, CA 92101 GREGORY J. SMITH, COUNTY RECORDER Reference: Title Order #8351351 FES: 102.00M: 2 I WHEN RECORDED MAIL TO: | WL Homes LLC 10737 Laurel Street, Suite 280 R,ancho Cucamonga, CA 91730 Arm: Steve Kabel JSJ J9> (Space Above For Recorder's Use) AGREEMENT FOR DEVELOPMENT ENCROACHM£NT.EASEMENTS AND FOR RECORDATION OF MAP OR LOT i This Agreement ("Agreement") is made on August 21,1998, at Carlsbad, California, by and between KAIZA POINSETTIA CORPQRATIOH a California corporation ("Kaiza") and WL HOMES LLC, a Delaware limited liability.epmpanx ("^att^. RECITALS ; .-. • :.-''v.^-v!3'lV- '..-' • • "...'•,.' : A. Kaiza is the owner of certain real property in the City.of Carlsbad, County of San Diego, California, described as Lot 7 of Carlsbad Tract No.. 94r#J, Eftfosettia Shores Unit 1, in the City of Carlsbad, County of San Diego, State of Califbjmii'acpQr^^^^p thereof No. 13181, filed in the office of the County Recorder of San I^ego:Cou^:^.Jin^ary 26,1995 ("KaizaProperty"). •;"-•' •''• '-:V;-.'y :'' '• •••-••••$•*•#.:;. . • B. Concurrently with the recordation of this Agftement* Watt is purchasing from Kaiza a parcel of real property ("Watt Properly") contiguous to the. Ka^za Property. The Watt Property is Lot 8 of Carlsbad Tract No. 94-01, PoinsettikShores^nilC.^itthe City of Carlsbad, County of San Diego, State of California, according-to ]M^l|ieaif.:13181, filed in the office of the County Recorder of San Diego County on January &,1 C. Watt intends to develop the Watt Property withi«|n^ feinily residential development ("Watt Development") pursuant to a plan of dey«lQpn>eni^apjjigviBd^y.theCity of Carlsbad. Kaiza has developed a recreational vehicle park (^KaJb^Dgyel^tn^-) on,the Kaiza Property. A portion of the planned Watt Development on its^umea^.bouadary: encroaches on the Kaiza Property and a portion of Kaiza Development encroaches orithe^att Property. -1- .:-/. . " JQ^C$^\^9^\OOOVAGRMI\0294013.04 75* D. The parties have agreed to adjust the lot line between the Watt Property and the Kaiza Property so that all of the Watt Development will be located on property owned in fee by Watt and all of the Kaiza Development will be located on the property owned in fee by Kaiza, and to grant each other easements over the encroachment areas until a final map or lot line adjustment is recorded with the corrected lot line. In addition, Kaiza has,agreed to appoint Watt as its agent to execute all documents required in connection with such adjustments of the lot line between the Watt Property and the Kaiza Property. E. Kaiza acknowledges that Watt has agreed to close the purchase of the Watt Property from Kaiza before the recordation of a map or lot line adjustment as an accommodation to Kaiza, that Watt would not agree to close the purchase of the Watt Property from Kaiza without KaizaYs agreement as set forth herein, and that the agency granted to Watt to execute the subdivision maps, lot line adjustments, deeds and applications to governmental agencies and other documents required to effectuate this adjustment of the lot line is given in partial consideration of Watt's agreement to close on the purchase of the Watt Property from Kaiza as set forth herein. AGREEMENT '. . :V- . The parties confirm the accuracy of the foregoing recitals ajui. agree as follows: 1. Watt hereby grants to Kaiza a permanent easement, appurtenant to the Kaiza Property, irrand to the area identified as the Kaiza Easement pn:Exhihit$aBi-l" and "B-2" attached hereto and incorporated herein by this reference, for the purpos^o^mairitaining, reconstructing and repairing any improvement required in connection witivjhe Kaiza Development. Kaiza shall indemnify, defend, and hold Watt harmless from .any claim, liability, or expense (including attorneys fees) arising in connection with the Tisepf.such easement by Kaiza or its agents. •. ' . .''••"•':; , : 2. Kaiza hereby grants to Watt a permanent easement, ;*ppurtenant to the Watt Property, in and to the area identified as the Watt Easement op. E^ahjts^A?!" and "A-2" attached hereto and incorporated herein by this reference, for the pu^o^es^cpns^ucting, grading, maintaining, reconstructing and repairing any urtpfoyemert regui^ with the Watt Development For the purposes of grading, constructing, rgp^ improvements in connection with the Watt Development, Watt; iiUcen^e^^yllCaiza la enter upon the Kaiza Property on a temporary basis to perform any work necessety.;to^e exercise of such rights. Watt shall indemnify, defend, and hold Kaiza harmle§s;rran*an.y cJaim»iiability, or expense (including attorneys fees) arising in connection with the use of sush easement by Watt or its agents. -,".• ' - •;, ,./..;x ,;r-.. . 3. Watt shall, at its sole cost and ex responsible public authorities a final subdivision map, -2- •f p. *_ 55 confonnity with the Subdivision Map Act and applicable local ordinances which shall relocate the lot line between the Watt Property and the Kaiza Property so that fee title to the area of the Watt Easements shall be added to the Watt Property and fee title to the area-of the Kaiza Easements shall be added to the Kaiza Property. 4. Watt is hereby irrevocably appointed as the agent for Kaiza for purposes of effectuating the relocation of the lot line between the Watt Property and the Kaiza Property as set forth in paragraph 3 of this Agreement and is irrevocably authorized.to execute, as the agent of Kaiza and on behalf of Kaiza, all documents required in connection with such lot line relocation, including, without limitation and for purposes of example only, any governmental applications, requests for governmental approvals or permits, subdivision maps, parcel maps, lot line adjustments and deeds as may be required in connection with such lot line adjustment and the conveyance of fee title of the area of the Watt Easements to Watt or its successors in title to the Watt Property. If any governmental agency with jurisdiction over the Watt Development, or any title company as a condition to the issuance of a subdivision giiaraote«^p^,that Kaiza execute any additional documents at no additional cost, connection with such lot line adjustment, Kaiza shall, request, execute such additional documents. 5. Watt and Kaiza shall use their respective^ wirflmiBKi^; Jj^riable efforte to obtain the approval of any secured lenders or the approval <>f.any 'other parties in interest in the either the Watt Property or the Kaiza Property whose consent 01 approYalinaybeiequired in connection with such lot line relocation. Upon the recordatJ6apfany»ieh^^iyjsion map, parcel map or lot line adjustment, this Agreement shall terminate and. shall ^c'.^f>np?further force oreffect '•' :'. .'••'"•.'.V-v;' "• ' •• -;- 6. The parties hereby declare that the are to be held, conveyed, hypothecated, encumbered, leased, rtaate'd, used, occupied and improved subject to the easements, covenants and conditions of.this Aere^ment all of which are declared to be of furtherance of and for the protection of arwl jtnaintejMncejapd improvement of the Watt Property and the Kaiza Property for the purposes;?:! 'enhancing. their.yalue, use, desirability, and attractiveness. All provisions of this Agreement .'iajje ^erejbj^po86^ ^ equitable servitudes upon the Watt Property and the Kaiza P^erty-. ^^vwdons of this Agreement shall run with the land and be binding upon and inure ic^lh^.^^fi^pfitheWatt Property and the Kaiza Property and any portion thereof or interest &eq^$&& parties having or acquiring any right, title or interest in either the Watt Property .or the.K,a|ga. Property, or any portion thereof or interest therein, and their respective successive, owijeis wl.assigns. 7. If any action or proceeding is instituted b interpret the provisions hereof, the prevailing to recover from the other party or parties as costs or expens,es•mcurredat^pQ^ including without limitation, attorneys fees and the costs ahd-expenses pf/Jiiigstion. -3- •-;e:\D^5CS\ACS243\25973\00(AAGRMTV0294013.04 '-''••'*••••'>•• •' ; 756 f.i ;.-•_- ..-, .^. . •;;•,•' •:;•• • •.. ..iJ 8. Each individual signatory hereto represents and warrants that he or she is duly authorized to execute this document and is personally bound, or if executing on behalf of another, is authorized to do so and that the other is bound. 9. Whenever a party is asked to provide consent, such party shall not unreasonably withhold or delay giving the consent requested. 10. This document may be executed in multiple counterparts, each of which shall be an original, all of which shall constitute one agreement. WATT:WL HOMES LLC, a Delaware limited liability.corapany By: Name: Title:, Manager 1?i\n&&U KAIZA:KAIZAPOINS; a Califo; By: Name':' __ Title:- " RATION, By: Name; Title: -4- to a CONSENT OF MORTGAGE HOLDERS The undersigned is the holder of the following security interests in the * Kaiza Property*( as defined in the foregoing Agreement for Development Encroachment Easements and for Recordation of Map or Lot Line Adjustment ("Agreement")dated August 21, 1998, between Kaiza Poinsettia Corporation, a California corporation, and WL Homes LLC, a Delaware limited liability company):(l)a promissory note secured by a deed of trust, dated November 5, 1990, between The Hyogo Bank, Ltd., predecessor in interest to the undersigned, and Kaiza Poinsettia Corporation, which deed of trust was recorded on November 8, 1990 as Instrument No. 90-607342, Official Records of San Diego County, and (2) Secured Guaranty secured by a deed of trust, dated June 14, 1996, between The Midori Bank, Ltd. and Kaiza Poinsettia Corporation, which deed of trust was recoreded on.Octqber 7,. 1996 as Instrument * . * :, ' . t *••'-• 'No. 1996-0506475, Official Records of San Diego County; and .consents^to. the granting of the easements for the benefit of the Watt Property over the Kaiza ^Property as set forth in the Agreement and to the recordation of. a subdivision-.map, parcel map or lot line adjustment as provided in paragraph 3 of the Agreement: WL- Homes lie,'a-Delaware limited liability company is hereby irrevocably appointed as the.agent^.for-the undersigned for purposes of effectuating the adjustment of the lot line- between--tjh&. ffatt Property and the Kaiza Property as set forth in paragraph 3 of the Agreement, and-a^avthorized to execute, as the agent of the undersigned, all documents required, in connection with such lot line adjustment, including, without limitation and for purposes-of exjanplj*. only, any governmental applications, subdivision maps, parcel map, lot line adjustments 'and..deeds as may be required in connection with such lot line relocation;4and-the. conyeyance of fee title of the area of the Watt Easements to Watt or its succesors _in title t.o,-the.¥att Property. All capitalized terms not otherwise defined in this Consent: snal<]L-..have; the meaning set forth in the Agreement. : •. •'••• •.' V; -..•.: DATED : zt^ / THE MIDORI BANK,LTD,,-a.tJap8JJese Bank By : - 5 - 1 AUGUST 12, 1998 J.N.: 98-0090 EXHIBIT "A-l" LEGAL DESCRIPTION WATT EASEMENT A PORTION OF LOT 7 OF MAP NO. 13181 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 26, 1995, LYING WESTERLY OF THE.FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 7, SAID CORNER BEING ON THE ARC OF A 628 FOOT RADIUS.. CURVE CONCAVE TO THE NORTHWEST, THE RADIAL TO SAID CORNER BEAJRS -SOUTIf. 43*1.$' 36" EAST, SAID CORNER ALSO BEING ON THE NORTHERLY"' RIGHT-OF-WAY* QF AVENIDA ENCINAS AS SHOWN ON SAID MAP NO. 13181/: 'THENCE;, ; ALONG. THE SOUTHERLY LINE OF SAID LOT 7, NORTHEAST;! ALONG^T^ ARQ ;OF;;;SAID CURVE THROUGH A CENTRAL ANGLE OF 00°43' 12" '..'& -£tS£ANCE, OF! 7.89 FEET TO THE TRUE POINT OF BEGINNING;:-1 THPJCE,>;11EAVJNG . SAID SOUTHERLY LINE, NON-TANGENT TO SAID CURVE, NORTH, ii'Sl^S'32" WEST 50.25 FEET; THENCE NORTH 10°48'10" WEST 53,^^iJF^^^ElICE ..NORTH 38°33'41" EAST 14.02 FEET: ' THENCE NORTH-'^l^S^i^j^pST^^ .10 FEET; THENCE NORTH 34°57'34" EAST 81.,0^ 12°20'25" EAST 17.12 FEET; THENCE NORTH J. 9*55' TO A POINT ON THE NORTHERLY LINE OF SAID' LOT.: 5,;;?. A POINT OF REVERSE CURVATURE OF A 30 FOOT • RADIUS "OTRVE?': AND A 38 FOOT RADIUS CURVE AS SHOWN ON SAID MAP 13481,!:THE VERDIAL TO SAID POINT BEARS NORTH 33°55'40" EAST, .. • .' '. ^ :.( . F:\MSOmCS\WINWORD\PROMO\98-0090\LEGAL.LGL >!V''*iiyk::|.-..'i PAGE EXHIBIi 'A-2'V59 EASEMENT -DELTA OR BEARING (N 2QT47'32' E) LOT LINE . . EASEMENT AREA GENERAL UTILITY & ACCESS EASEMENT PER MAP NO. 1318 A =53>35'OCr) A=ir54>34) A =2T34?4r ft 68*51*31" E EX. CL ESMT. REC. 5-17-18 IN BK. 760, PG.145 ..'->. a \H; '.'^ ^>z ^..Jr\ A f-^'V^ ^T ^ \ S*. '* ^ x,»- oj ujcv» CN UJ.Qr-o ^ QL COO P.O.B. T.P.O.B. .-toOO. PO*t»Uf • • Suite 100 Catrornie. 92006 5W-W1-7700 pn 760 AUGUST 12, 1998 J.N.: 98-0090 EXHIBIT "B-l" LEGAL DESCRIPTION KAIZA EASEMENT A PORTION OF LOT 8 OF MAP NO. 13181 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 26, 1995, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 7 OF SAID MAP 13181, SAID CORNER BEING ON THE ARC OF A - 628 FOOT. .RADIUS CURVE CONCAVE TO THE NORTHWEST, THE RADIAL TO SAID- 'COR8ERA.BEARS SOUTH 48°10'36" EAST, SAID CORNER ALSO BEING ON -;THE ^ORTSgRLY RIGHT-OF- WAY OF AVENIDA ENCINAS AS SHOWN ON SAID, MAP ;NO;.:i;i»31»81,;. .THENCE, ALONG THE SOUTHERLY LINE OF SAID LOT 7,. :"NQR3^SE^^Mpl[G .THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF :ob^43^^4;4A.SbisTANCE OF 7.89 FEET TO THE TRUE POINT OF BEGINNING;. SOUTHERLY LINE, NON-TANGENT TO SAID 50.25 FEET; THENCE NORTH 10°48' 10" WEST ~3;3:/2;7-; 38°33'41" EAST 14.02 FEET; THENCE NORTH.:''i^5^E^EST; • 27 .10 FEET; THENCE NORTH 34°57/34" EAST 8 1 .. 07. EEigt^^H^NCE.' : NORTH 12°20'25" EAST 17.12 FEET; THENCE NORTH l9'58^^r;.!'|JKl3E?55.'2.6 FEET TO A POINT ON THE NORTHERLY LINE OF A POINT OF REVERSE CURVATURE OF A 30 FOOT ;RJJHUJS l£U&yE; FOOT RADIUS CURVE AS SHOWN ON SAID MAP POINT BEARS NORTH 33°55'40" EAST. A 38 TO SAID '' ''' '' F:\MSOrFICE\WINWORO\PROMO\98-0090\LESAL2.LGL PAGE 1 OF 1 LEGEND: ^IH! LOT LINE .. .Jfc^ EASEMENT AREA EXHIBI' *B-2' A EASEMENT I k* 1' GENERAL UTILITY & 1jg ACCESS EASEMENT PER MAP NO. 13181 § i\ r EX. CL 2'SDGfcE ! ESMT. REC. 5-17-18 IN 8K. 760, PG.145 OF,DEEDS TABLE NO.DELTA OR BEARING (N 20"47f3? E)N w N Itr48'1(r W N 38T33'4r E N 12*56"! 8T W N 34'57'34" E N N 19*58'5fiT W ( A =78'37'42';i A =53*35'0(r (N 69*12'28r W) (A =»23>34'41 (N 68*51 '31* f (N~2lMlO (A =55T04'09" (N 21'08'29" W) RADIUS 38.001 (30.00'1 {182.00') (30.00') (30.00') LENGTH (38.501) 50.25' 33.27* 14.02* 27.10* 81.07* 17.12' 55.26* 52.15') 28.06' 37.83') 20.00') (12.35') (59.83') (48.00') (28.83') (92.26') (73.0T) Ped*vr CooitH»CoMomJo 82009 Ti\^DBS\«1016\9216P6Z2 8-19-98 762 STATE OF CALIFORNIA ) ) ss. COUNTY On <Au*ttS(r24 1996., before me,' ( personally appeared '^gjC- l&tb&ff- ._, personally known to me.or proVerfr to me on-the basia of satisfactory evidence to be the person whose name is subscribed to the within instrument 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. Signature of Notary .. Commission * J175639 | .;'.••• Notary Public-CoBtomta \ San Bernardino County My Comm. Expires Mor 7, 2002 r f ••••'••:•'. "•• --^ffi :-vv:?;-: -6- CALIFORNIA ALL-PURPOo£ ACKNOWLEDGMENT 763 State of :.^I '•^•i' fT' ;County_o3Lii On Aufl personally appeared personally known to me - OR - ffl piuwU lu me oil the basis 6! satlSTaamy wlUunce to be the person^ 7 whose namef# is/are subscribed to the within instrument and acknowledged to me that -he/she/they executed the same in his/her/Jheir authorized capacity(fes), and that by •bie/her/ttietr signaturej^on the instrument the persor^efc or the entity upon berialf of which the persor)j(s) acted, executed the instrument.BIENA-SHNNER Commisston* H7563V Notary pubne-canforrta Son BonordJno County WITNESS my hand and official seal. VW/L'-Atf-- OPTIONAL Though the Information below is not required by law, it may prove valuable to persona relying on the document and could prevent fraudulent removal and raattachment of this form to another document '•" Description of Attached Document ..' Title or Type of Document: : '• •-•-..':'." ' • • '' .«:'•. Document Date: . "_ • Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Slgner(s) Signer's Name: D Individual D Corporate Officer Title(s): D Partner — D Limited D General D Attomey-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: Top of thumb hera Signer'a.Name: D Individual- • ''.-'•''<,'•. D Corporate:Qffic0r ;. ' >/.v - • Title(s):. D Partner-r-.:n Limited D General D Attomey-in-Fact -' •;. ' D Trustee . . '. ; -.-.;• O Guardian.or Conservator; D Other: • ;- ;v- Signer Is Represehting:' « 1994 National Notary Association • 8238 Rmmt Av... P.O. Box 7184 • Cwtoga Part. CA 91309-7184 Prod NO.-S807:-.'-.• Raeidtr. ON ToB-Fre» i-800-67«-6sz7 Registered No.'Date'ocT.-9.1S NOTARIAL CERTIFICATE This is to certify that Takao Ogasawara,Manager of The Midori Bank, Ltd. has affixed his signature in *y .vary • i* f[i' •.!'',. presence to the foregoing document.1 '•'.' •••'.••• ... .'••^'••v•.?':;:•';. '.' '-'• .'•: :"" •.^••:^-:;.: ^p&pfil•-••• • •.•fesai3a?53 Notary : Tanehiko .95, Bdomachi, Chuo-ku ... .i Japan '' KOBE DISTRICT LEGA.L Tanehiko Yasukuni- '^ Kobe District Legal Affairs Bureau N 0 T A R Y 95, Edomachi, Chu<H<u,> j<obe, Japan, m IZE m f <?> 0 ft * '• • • T' '*£> APOSTILLE (Convention de La Have du 5 octobre 1961) 1. Country: JAPAN This public document 2. has been signed by 3- acting in the capacity of 4. bears the seal/stamp of Tanehiko YASUKUNI' ' '; '• -V- Notary Public of the Kobe District Legal Affairs Bureau .;' Tanehiko YASUKUNI, Notary .Public Certified 5. at Osaka 6. 7. by the Ministry of Foreign Affairs s. NO. 01866 9. Seal/stamp: ^^ FOS^V 10. Signature: For the Minister for Foreign''Affairs APOSTILLE (Convention de La Haye du 5 octobre 1961) 1. Country: JAPAN This public document 2. has been signed by 3. acting in the capacity of 4. bears the seal/stamp of Tanehiko YASUKUNI Notary Public of the Kobe District Legal Affairs Bureau . ,...' 'I Tanehiko YASUKUNI, Notary Public 5. at Osaka 7. by the Ministry of Foreign Affairs s. NO. 01886 9. Seal/stamp: Certified 6. OCT. 12.19.! * 10. Signature: Jl --^-- - .-.. i^j—" " T T For the Minister for Foreign Affairs RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 216-510-05 PROJECT NO. & NAME: PR 2.3.249 POINSETTIA SHORES AREA B-1 CT 94-08 SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO (AN) EASEMENT IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT ATTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT is made this 3 f day of by Kaiza Poinsettia Corporation, a California corporation, owner of the land hereinafter described and hereinafter referred to as "Owner," and the Midori Bank, Ltd., a Japanese bank acting through the International Department of its Kobe, Japan office, present owner and holder of the deed of trust hereinafter described, hereinafter referred to as "Beneficiary;" WITNESSETH WHEREAS, Kaiza Poinsettia Corporation, a California corporation, did execute a deed of trust, dated 6/14/96 to First American Title Insurance Company as trustee, to secure a note in the sum of Y (Yen) 3,013,500,000 dated 6/14/96 in favor of the Midori Bank, Ltd. recorded in the office of the County Recorder of San Diego County on 10/7/96 as File No. 1996-0506475 of Official Records of said county; and Masters/Forms/Subordination Agt Trust Deed Holders Rev. 12/24/97 WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT dated nff-^j '?ft, in favor of the City of Carlsbad as grantee herein referred to as "Easement Grantee" creating AN EASEMENT more particularly described in EXHIBIT "A" attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENT provided the grant of EASEMENT is a charge upon the above described property prior and superior to the lien or charge of the deed of trust above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the lien or charge of the EASEMENT created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said EASEMENT and Beneficiary is willing that the grant of EASEMENT shall, when recorded, constitute a charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement Grantee to accept said EASEMENT above referred to, it is hereby declared, understood and agreed as follows: 1. That said EASEMENT in favor of Easement Grantee shall unconditionally be and remain at all times a charge on the property therein described, prior and superior to the lien or charge of the deed of trust above mentioned. 2. That Easement Grantee would not accept said EASEMENT above described without this subordination agreement. 3. That this agreement shall be the whole and only agreement with regard %to the subordination of the lien or charge of the deed of trust above mentioned to the ^ 51 EASEMENT in favor of Easement Grantee above referred to and shall supersede and cancel, J± but only insofar as would affect the priority between the deed of trust and EASEMENT hereinbefore specifically described, any prior agreement as to such subordination including, but 2 Masters/Forms/Subordination Agt Trust Deed Holders Rev. 12/24/97 not limited to, those provisions, if any, contained in the deed of trust above mentioned, which provide for the subordination of the lien or charge thereof to another interest in the real property therein described. Beneficiary declares, agrees and acknowledges that: 1. We consent to and approve the grant of EASEMENT in favor of the Easement Grantee. 2. We intentionally and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the EASEMENT in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this subordination of the grant of EASEMENT is being executed and delivered, the EASEMENT IS being created, and that specific monetary and other obligations are being and will be entered into by the Easement Grantee, other lenders and title insurance companies which would not be made or entered into but for said reliance upon the subordination. Masters/Forms/Subordination Agt Trust Deed Holders Rev. 12/24/97 3. This Agreement represents an endorsement to the note secured by the deed of trust above mentioned and that said deed of trust has by this instrument been subordinated to the charge of the Easement in favor of Easement Grantee above referred to. Executed this 3f day of. (jHt/ty , 19 BENEFICIARY: By: (title and organization of signatory) By: tion of sig/iatory) OL, o (title and organization of signatory)(title and organization of signatory) (Proper notarial acknowledgment of execution by BENEFICIARY 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.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: City Attorney Masters/Forms/Subordination Agt Trust Deed Holders Rev. 12/24/97 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENTr i State of California County of } On Date personally appeared ., before me,? (4 • Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) D personally known to me "^proved to me on the basis of satisfactory evidence to be the person(^L whose subscribed to the within JjTstrumenT^and acknowledged to me that b4i(she)[tj&6y.executed the same in Wl/Ke^tFj^tr authorized capacity(i^Q, and tnat by y&ner) signature($Kpn the instrument the person^, or the entity upon behalf of which the personOf acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above ignature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached-Document Title or Type of Document: jlfZOPbHJATlQti Document Date: CtVEAfE^ -510 - Number of Pages:Sf Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: KJOI£ G Individual ate Officer —Title(s): G Partner — n Limited G General u Attorney in Fact G Trustee G Guardian or Conservator D Other: I/A Signer Is Representing:. Top of thumb here jGA^Xj&^C/jC/^xj&jCxjCx^ © 1997 National Notary Association -9350 De SotoAve., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toil-Free 1-800-876-6827 t; <5; OCTOBER 21, 1997 J.N.: 96-1034-A3 EXHIBIT "A" GENERAL UTILITY AND ACCESS EASEMENT LOT 7 OF MAP 13181 P.R. 2.3.249 A PORTION OF LOT 7 OF CARLSBAD TRACT NO. 94-01, ACCORDING TO MAP THEREOF NO. 13181, RECORDED JANUARY 26, 1995, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 7, A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY OF AVENIDA ENCINAS; THENCE SOUTH 20° 47' 32" WEST, ALONG SAID RIGHT-OF-WAY, 11.50 FEET TO THE BEGINNING OF A NON-TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO WHICH BEARS NORTH 57° 39' 44" EAST; THENCE LEAVING SAID RIGHT-OF-WAY NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 36° 52' 12", AN ARC DISTANCE OF 12.87 FEET; THENCE NORTH 69° 12' 28" WEST 20.00 FEET TO A TANGENT 172.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11° 54' 34", AN ARC DISTANCE OF 35.75 FEET TO A COMPOUND 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO WHICH BEARS NORTH 08° 52' 58" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 53° 35' 00", AN ARC DISTANCE OF 18.70 FEET TO A REVERSE 48.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO WHICH BEARS SOUTH 44° 42' 02" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 67° 32' 02", AN ARC DISTANCE OF 56.58 FEET TO A REVERSE 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO WHICH BEARS NORTH 22° 50' 00" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 21° 30' 07", AN ARC DISTANCE OF 7.51 FEET TO A POINT ON A WESTERLY BOUNDARY OF SAID LOT 7; THENCE NORTH 21° 08' 29" WEST, ALONG SAID BOUNDARY, 16.78 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 7, A POINT ON A NON- TANGENT 30.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO WHICH BEARS NORTH 11° 29' 42" EAST; PAGE 1 OF 2 OF 78° 37' 30.00 FOOT 42", AN ARC RADIUS CURVE, 42' 02" THENCE SOUTHEASTERLY ALONG THE BOUNDARY OF SAID LOT 7, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 22° 25' 58", AN ARC DISTANCE OF 11.75 FEET TO A REVERSE 38.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO WHICH BEARS SOUTH 33° 55' 40" WEST; THENCE CONTINUING ALONG SAID BOUNDARY, EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE DISTANCE OF 52.15 FEET TO A REVERSE CONCAVE SOUTHEASTERLY, A RADIAL TO WHICH BEARS NORTH 44° WEST; THENCE CONTINUING ALONG SAID BOUNDARY, NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 53° 35' 00", AN ARC DISTANCE OF 28.06 FEET TO A COMPOUND 182.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO WHICH BEARS NORTH 08° 52' 58" EAST ; THENCE CONTINUING ALONG SAID BOUNDARY, SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11° 54' 34", AN ARC DISTANCE OF 37.83 FEET; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 69° 12' 28" EAST 20.00 FEET TO A TANGENT 30.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE CONTINUING ALONG SAID BOUNDARY, SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 23° 34' 41", AN ARC DISTANCE OF 12.35 FEET TO THE POINT OF BEGINNING. AREA = 1587 S..F. —iCIc O'DAY JOB NO. 96-1034 F:\MSOFFICE\WINWORD\96-1034\LOT7EMT.LGL PAGE 2 OF 2 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PLAT IS THE NORTHWESTERLY LINE OF AVENIDA ENCINAS ALONG LOT 7 OF MAP 1J181. I.E. NORTH 20"47'32" EAST. LEGAL DESCRIPTION PORTION OF LOT 7 OF MAP NO. 13181. LEGEND: OF DEDICATION 1,587 SQ.FT. 7. LOT LINES EXIST. EASEMENT LINES LINE L1 L2 L3 L4 DIRECTION S20*47'32"W N69'12'28"W N2T08'29"W S69'12'28"E DISTANCE 11.50' 20.00' 16.78' 20.00' CURVE RADIUS | LENGTH C1 20.00' 12.87' C2 172.00' 35.75' C3 20.00' 18.70' C4 48.00' 56.58' C5 20.00' 7.51' C6 30.00' 11.75' C7 38.00' 52.15' C8 30.00' 28.06' C9 182.00' 37.83' C10 30.00' 12.35' DELTA 36'52'12" H-54'34" 53*35'00" 67*32*02" 2T30'07" 22*25'58" 78*37'42" 53*35'00" H'54'34" 23*34*41 " CONSULT T S coxme. Coaomio 12009 6I9HU.-7700 EXHIBIT 'B' GENERAL UTILITY AND SHTS REQUESTED BY: WATT RESIDENTIAL PARTNERS 10737 LAUREL AVE.. SUITE 280 PREPARED BY: PATRICI^Ni O'DAY ^ R.f.E. 27214 EXP. 3/31/01 / P>R. 2.3.249 A P N 216-510-05 ' DATE OCT. 21 1997 F=\JDBS\961019\9619EEMT ia-17-97 5:03^09 pn SEE SHEET 1 OF 2 FOR LEGEND, BASIS OF BEARINGS, AND DATA TABLES. EXIST. ACCESS ESMT. PER F/N 1997-0129138REC. 3-21-97. 0' CONSULT A/NT 7220 hwnUo Encinoi CM Suite 204 Pluming Corittod. CoHomio 920M Pfoca* ei>-U1-7700 Sumying FocStl-Ul-MW LOT 8 N1T29'42 MAP 13181 N22 EXISTING OVERHEAD ELECTRIC LINES. 2' SDG&E EASEMENT REC 6-24-18 IN BK. 760, PG. 145 OF DEEDS 50' 25' SCALE: 1" = 50' 100' / EXHIBIT GENERAL UTILITY AND ACCESS EASEMENT SHT. 2 OF 2 SHTS. REQUESTED BY: WATT RESIDENTIAL PARTNERS 10737 LAUREL AVE.. SUITE 280 RANCHO CUCAMONCA. CA 91370 PREPARED BY: PATRiafcll. O'DAY fC.E. 272lfEXP. 3/31/01 P.P. 2.3.249 AP N 216-510-05 DATE OCT. 21. 1997 F:\JDBS\96I019\9619EErMT 13-17-97 S'OOMS pn RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 216-510-06 PROJECT NO. & NAME: PR 2.3.250 CT 94-08, POINSETTIA SHORES AREA B-1 SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO (AN) EASEMENT IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT ATTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. , 19_££by KaizaTHIS AGREEMENT is made this )/ day of Poinsettia Corporation, a California corporation, owner of the land hereinafter described and hereinafter referred to as "Owner," and the Midori Bank, Ltd., present owner and holder of the deed of trust hereinafter described, hereinafter referred to as "Beneficiary;" WITNESSETH WHEREAS, Kaiza Poinsettia Corporation, a California corporation, did execute a deed of trust, dated 11/5/90 to First American Title Insurance Company, a California corporation, as trustee, to secure a note in the sum of $30,000,000.00 dated 11/5/90 in favor of the Midori Bank, Ltd. recorded in the office of the County Recorder of San Diego County on 11/8/90 as File No. 1990-607342 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT dated nl*"-^''''*\c\ favor of the City of Carlsbad as grantee herein referred to Masters/Forms/Subordination Agt Trust Deed Holders Rev. 12/24/97 as "Easement Grantee" creating AN EASEMENT more particularly described in EXHIBIT "A" attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENT provided the grant of EASEMENT is a charge upon the above described property prior and superior to the lien or charge of the deed of trust above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the lien or charge of the EASEMENT created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said EASEMENT and Beneficiary is willing that the grant of EASEMENT shall, when recorded, constitute a charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement Grantee to accept said EASEMENT above referred to, it is hereby declared, understood and agreed as follows: 1. That said EASEMENT in favor of Easement Grantee shall unconditionally be and remain at all times a charge on the property therein described, prior and superior to the lien or charge of the deed of trust above mentioned. 2. That Easement Grantee would not accept said EASEMENT above described without this subordination agreement. 3. That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust above mentioned to the EASEMENT in favor of Easement Grantee above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deed of trust and EASEMENT hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the deed of trust above mentioned, which provide for the subordination of the lien or charge thereof to another interest in the real property 2 Masters/Forms/Subordination Agt Trust Deed Holders Rev. 12/24/97 therein described. Beneficiary declares, agrees and acknowledges that: 1. We consent to and approve the grant of EASEMENT in favor of the Easement Grantee. 2. We intentionally and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the EASEMENT in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this subordination of the grant of EASEMENT is being executed and delivered, the EASEMENT IS being created, and that specific monetary and other obligations are being and will be entered into by the Easement Grantee, other lenders and title insurance companies which would not be made or entered into but for said reliance upon the subordination. Masters/Forms/Subordination Agt Trust Deed Holders Rev. 12/24/97 3. This Agreement represents an endorsement to the note secured by the deed of trust above mentioned and that said deed of trust has by this instrument been subordinated to the charge of the Easement in favor of Easement Grantee above referred to. Executed this 3/ day of BENEFICIARY: By: _ (sign here)'(sign here) (print name here)(print name here) (title and organization of signatory) By: (sign here) (print name here) (title and organization of signatory)(title and organization of signatory) (Proper notarial acknowledgment of execution by BENEFICIARY 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.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM:j RONALD R. BALL ' -r City Attorney By: r -» ... City Attorney Masters/Forms/Subordination Agt Trust Deed Holders Rev. 12/24/97 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 11 I State of California County of ss. On Date personally appeared , before me, Name and Title of Officer (e.g., "Jane Doe Notary Public ) Name(s) of Signer(s) D personally known to me 1ERENCERMCDOWBL ConrnMon* 1133101Hotay Puttc—CoMonto Orange County MyComm. ExpkwApr6.2001 to me on the basis of satisfactory "evidence to be the person^ whose subscribed to the within instrument" and acknowledged to me thaiJJ^ghp/t&^y executed the same in J>fc5/(jepJtJ»<rr authorized capacity(IX), and that by jHwetyityefr signature(^jkon the instrument the persot!^, or the entity upon behalf of which the person(s^ acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below /s not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Doc Title or Type of Document: aty ment ( /L \ '*£*/. #W 2/6~S/0 -G& ( B' I)- f. Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: NOdlfiD \Affrfr n Individual ^ Corporate Officer —Title(s): D Partner — D Limited D General n Attorney in Fact LJ Trustee n Guardian or Conservator C Other: / ( RIGHTTHUMBPRINT) OF SIGNER Top of thumb here Signer Is Representing:.ft /toserrm I & 1 I I I i ;C$Ci^^ © 1997 National Notary Association • 9350 De Soto Ave,, P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toil-Free 1-800-876-6827 OCTOBER 21, 1997 J.N.: 96-1034A3 EXHIBIT XA' GENERAL UTILITY AND ACCESS EASEMENT LOT 8 OF MAP 13181 P.R.2.3.250 A PORTION OF LOT 8 OF CARLSBAD TRACT NO. 94-01, ACCORDING TO MAP THEREOF NO. 13181, RECORDED JANUARY 26, 1995, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN EASTERLY CORNER OF SAID LOT 8, SAID CORNER BEING THE MOST NORTHERLY CORNER OF LOT 7 OF SAID MAP 13181, SAID CORNER ALSO BEING A POINT ON A 30.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO WHICH BEARS NORTH 11° 29' 42" EAST; THENCE SOUTH 21° 08' 29" EAST, ALONG SAID EASTERLY BOUNDARY OF SAID LOT 8, 16.78 FEET TO THE BEGINNING OF A NON-TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL TO WHICH BEARS NORTH 01° 19' 53" EAST; THENCE LEAVING SAID LOT LINE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 22° 28' 22", AN ARC DISTANCE OF 7.84 FEET; THENCE SOUTH 68° 51' 31" WEST 18.53 FEET; THENCE NORTH 21° 08' 29" WEST 68.00 FEET TO A POINT ON A LINE OF SAID EASTERLY BOUNDARY OF SAID LOT 8; THENCE ALONG SAID LINE NORTH 68° 51' 31" EAST 10.00 FEET; THENCE SOUTH 21° 08' 29" EAST, ALONG SAID EASTERLY BOUNDARY OF SAID LOT 8, 48.00 FEET TO THE BEGINNING OF A NON-TANGENT 30.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, THE RADIAL TO WHICH BEARS NORTH 21° 08' 29" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, ALONG SAID EASTERLY BOUNDARY OF SAID LOT 8, THROUGH A CENTRAL ANGLE OF 32°38'11", AN ARC DISTANCE OF 17.09 FEET TO THE POINT OF BEJilWMI^G. AREA = 983 SQUARE FEET ^ '&/<& O'DAY JOB NO. 96-1034 /GO /<£////" (7^' F:\MSOFFICE\WINWORD\96-1034\LOT8EMT1.LGL UJ I jHo'. 27214 ^ . 'Exp. 3/31/01 , tP>XC'VN-^X^:^*4 BASIS OF BEARINGS THE BASIS Or BEARINGS FOR THIS PLAT IS THE WESTERLY LINE OF LOT 7 OF MAP 13181, /.£ NORTH 21'08'29' WEST LEGAL DESCRIPTION PORTION OF LOT 8 OF MAP NO. 13181. LEGEND: AREA OF DEDICATION 983 SQ.FT. EXIST. LOT LINES EXIST. EASEMENT LINES CURVE RADIUS C1 20.00' C2 30.00' LENGTH | 7.84' 17.09' DELTA 22*28'22" 32'38'H" LINE I L1 L2 L3 L4 L5 DIRECTION | S2r08'29"E S68'51'31"W N2r08'29"W N68'51 '31 "E S21'08'29"E(R) DISTANCE 16.78' 18.53' 68.00' 10.00' 48.00' CUT Of OCtAHSIDC CITY Of CMCIWTAS CONSULT T s 7220 *ntiU E«cino> SuiU 204 CorkMd. CoWcxr«a 92009619-931-7700 FocSig-Ml-SMO «B'VICINITY MAP NO SCALE GENERAL UTILITY AND ACCESS EASEMENT SHT. / OF 2 SHTS. REQUESTED BY: WATT RESIDENTIAL PARTNERS 10737 LAUREL AVE., SUITE 280 RANCHO CUCAMONGA, CA 91370 PREP, RAM 27214 EXP. 3/31/01 P.R. 2.3.250 A P M 216-510-06 DATE OCT. 21. 1997 F:\JDBS\961019\9619EEMT 13-4-97 2:37il8 pn PARCEL A PM 17825 SEE SHEET 1 OF 2 FOR LEGEND, BASIS OF BEARINGS AND DATA TABLES. EXIST ACCESS ESMT. PER F/N 1997-0129138 REC. 3-21-97.' N2T08'29"W(R) P.O.B. C2 N11-29'42"E(R) LOT 8 MAP 13181 APN 216-510-06 VC1 «^>trN_X Id "to\T> oz LOT 7 MAP 13181 0'^20' lo5 SCALE: 1" = 20' CONSULT T S 7220 Annido E«cn» Suitt 204 CorWiod. CoHonio 9200)ei»-»si-77oo EXHIBIT 9B9 UTILITY AND ACCESS EASEMENT SHT.OF 2 SHTS. REQUESTED BY: WATT RESIDENTIAL PARTNERS 10737 LAUREL AVE.. SUITE 280 RANCHO CUCAMONGA, CA 91370 R.C.E. 27214 "EXP 3/31/01 P.P. 2.3.250 A.P.N. 216-510-06 DATE OCT. 21. 1997 F:\JDBS\961019\9619EEMT 13-4-97 3=13-14 pn