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HomeMy WebLinkAboutCT 97-19; POINSETTIA SHORES AREA D; Tentative Map (CT) (9)0^-16-1998 08:55PM FROIir 'Day Consultants TO ig094814G01 P.02 CITY OF CARLSBAD 4 ENGINEERING DEPARTMENt APPUCATION FOR ENGINEERING PLAN CHECK OR PROCESSING Coniotete all appropriate intainatlon. Write N/A whw not aopBcabk. PROJECT NAME: »<:S>E-rr»A *^HaKe<. ARSA ^'D^ PROJECT DESCRIPTION: FIMAC- MAP. aP^iHC^ nsK^P^-^nSjJTL PATE: ^SPT 15 ^6 _ MAP Nb.; l^/ g} APN(S).: Jjg^/fe- mO~OQ. NO. OF DWELLING UNITS: 3^ ; LFMP ZONE: ^ # LOTS: " ^ # ACRE$ PROJECTADDRESS: LOTNO(S).: B OWNER: NA^l^ .1401^85 4, Mailing Address: /PTVT t-vMjfaEL, Aie. j^g^gP Phons Number C9CT:) ^•y)-'77C?0 I certify that I am tf» l*d^ awl ^ a'{ «he above inforination is.bi|a^nd c^nject to |ie be$t of niy knowtedgie APPUCANT: W-L- Ho^/iS» MaiRng Addr««T /^-Tj^T? L(U>ata ./LFI ^rg Ifhone Number. (90?) !^^-"77Qi). , i.i i I 1?^ CML ENGINEER MaHIng Address: jy^cc* H^ivpraiQ. rv <>ns.iCO SOILS ENGINEER: Ai^ ik^ubgjr I Address; q-7t.t^ RgpsoSSL ViAv 1^ Ptione Number j-TC^y ) -~7'700 Phone Numbdf. (TLO)' gB State Registrafion Number State Registration Number <i»76.^p4fr ^Cr^^^ LANDSCAPE ARCHITECT: ficM T&C^<M^ Mailing Address: ^-x, r^^K»SS^3tiM<-A^.V ADDITIONAL COMMENTS: Phone Number (fcf? ) CiTi^f^^H- ^ate Registration Number. IMPROVEMENT VALUATION What^^ ^strict is: the proposed pr^gct located in (circle one)? * | tC^^bad Municbat water District D oiiventiatn VaJieditos If in the Carisbad Muiiicipal Water District, what 1$ the tot^i cost estimate, indudlns tijie contingency fee, tor water and ractairiied water irnprovements (if applicatjie)? What is the total cost estimate, including the 15% contingency fee. for sewer (for Carlsbad Municipal Water District only), strs«jt, public (median) landscape and irrigation^ and ! drainage Improvements (if applicabl^)? ' I What is tha total cost of landscape an^ irrigation improvements on private property applicable)? cut cy GRADING QUANTITIES fill "7^ £"<SQ cy remedial SJ/A cy iimporVenpert 2.^000 cy OftCSWBFOHMS'AP^UCATlOM ENS PLANCHECK OH PROCESSIMS PROJECT PLAN REVIEW COMPLETION The following project plans have been reviewed and are recommended for approval: Project Name: fi>(A^^^<T<A St/tl(fS /l/Ufi Project No: <2. T f 7- /f Drawing No: "^1^ " ^ Sheets No. / through C> DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial compliance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for the project design. Fi rm: Berryman & Heniqar Address: 11590 W. Bernardo Court, Suite 100 San Diego, CA 92127 Telephone: 451-6100 By: //rj^'i ^JJIK^ Date:_^lZii5l P.EJCaol^^ HCH-'^l Expiration: J- "50 -OO (seal) Rev. 2/8/96 F:\USERS\RALLE\WPOATA\PLANREV. B&H PROJECT PLAN REVIEW COMPLETION The following project plans have been reviewed and are recommended for approval: Project Name: fo(r^3cTTfA *$^/^ /T^/ Project No: CT, f 7- Drawing No: ^ - (^ ^ Sheets No. / through fO DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial compliance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for the project design. Fi rm: Bern/man & Henigar Address: 11590 W. Bernardo Court. Suite 100 San Dieoo, CA 92127 Telephone: 451-6100 / Bv: ^/W/nJin^fjIlMMt- Date:_£l/^ P.E[givil}No: Qr^4^'^ Expiration: j'-S/- (seal) Rev. 2/8/96 F:\USERS\RALLBWPDATA\PLANREV. B&H PROJECT MAP REVIEW COMPLETION The following project maps have been reviewed and are recommended for approval: Project Name: Project No.: Map No.: Sheets No.: C T ^7-/9 _through_ DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the map review of this project as defined in Section 8703 of the Business and Professions Code to determine that the maps are found to be in substantial compliance with applicable codes and standards. Map review of these project maps does not relieve the Land Surveyor or Engineer of Work of the responsibilities of compliance with state and local ordinances. Signed_, Berryman & Henigar 11590 West Bernardo Court San Diego, CA 92127 (619) 451-6100 K:\admin\fieldser\proj rev map comp.doc Cot ft'^jt^Mtaz. ^ovnanmn Companies of California K. Hovnanian Companies • San Diego Office 5900 Pasteur Ct. Ste. 100, Carlsbad, California 92008 Phone 760-804-1939 • Fax 760-804-0948 June 5, 2002 Lloyd B. Hubbs City of Carlsbad Public Works - Engineering 1635 Faraday Avenue Carlsbad, California 92008 Re: Poinsettia Shores Westerly Desiltation Basin Dear Mr. Hubbs: riECEIVED JUN 0 7 2002 UEPARTMENT I'm sorry I missed your return call regarding the desiltation basin. This letter may help clarify my concem. K. Hovnanian Companies has an option to purcha&eRaDning Areas-E,,G^nd H of Poinsettia Shores from the Kaiza Poinsettia Corporation. Jfih bashi^is locatedjn AreaJ?!. The reason 1 called you was to confirm that the City is satisfied with the condition^fthe basin. It is my understanding, per the enclosed letter, that WL Homes was requested to restore the basin and I would like to confirm that the work was completed to your satisfaction. Thank you and 1 look fon/vard to hearing from you. Sincere! Ronald J. Van Daele Area President Q May 22, 2002 Mr. Lloyd Hubbs City of Carlsbad 2075 Las Palmas Dr. Carlsbad, CA 92009-1576 Dear Mr. Hubbs: WFSInc. Watershed, Flood & Stormwater Solutions 4123 Napier St. San Diego, CA 92110 Tel (619) 276 6116 FAX (619) 276 0118 wfsce@earthlink. net RECEIVED JUN 0 7 2002 ENGINEERING DEPARTMEI-'H There have been many changes regarding the protection of our water sources, which has prompted new criteria for storm water management. Our firm has been reviewing the new criteria and has developed an understanding of the process that is required to bring projects into compliance or others to be eligible for permit issuance. The County and several cities have been leading the process and have implemented the requirements into their "permit" processing procedures. Please refer to our newsletters regarding the current changes. Our firm is capable of providing assistance in the areas of storm water management and related water resource areas. We can provide services such as: Planning and Hydrology, Floodplain Management, Hydrologic Analysis and Design, Storm Water, Basin Design, and the up and coming Storm Water Management Plan documents. We also have the capacity to conduct real estate transactions, and to evaluate and determine the highest and best use of land involving a waterway. If, in the course of your workload you might need the above services, we would be more than happy to sit down with you personally or discuss with you over the phone the needs of your projects. Sincerely, O.B."Mike"Sholders e Hill MAR-21-2002 08:19ft FROM:PLftNMING SYSTEMS 760 931 5744 TO:804094S City of Carlsbad Public Works — Engineering January 18, 2001 John Laing WL HOMES LLC 10737 Laurel Street, Suite 280 Rancho Cucamonga, CA 91730 DESILTATION BASIN MAINTENANCE - PLANNING AREA D OF POINSETTIA SHORES Dear Mr. Laing: WL Homes, LLC has enteredjnto^n^gr^ment w'l^^ the City for the maintenance ofthe desiltation basin servjng^^^anning ^rga]^>of Poinsettia Shores. This basin is located along Carlsbad Boulevard on theTiorth shore of the Batiquitos Lagoon. In a recent survey of basins citywide, this basin has been found to be in poor condition. Would you please make arrangements as soon as possible to restore this basin to its design configuration. Please submit to this office a schedule for maintenance by February 15, 2001. If you have any questions, please give me a call at (760) 602-2730 Cordially LLO> Public ibrks BS, P.E. Director LBH:jd c: Seth Schulberg, Planning Systems 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 - FAX (760) 602-8562 /ASSOCIATION MANAGEMENT 28481 RANCHO CAUf. RO- SUITE 101. TEMECUIA. CAUFORNIA 92590 A PH: (909)67iH0031 MANAGEMENT - (800)676-0031 ': FAX: (909)676-0154 Aprils, 1999 City of Carlsbad Engineering/Planning Department 2075 Las Palmas Drive Carlsbad CA 92009 Subject; San Pacifico Community Association Re: Authorized Signers To Whom It May Concern: On behalf of the San Pacifico Community Association the follovying two (2) Board members are permitted to sign legal documents related to the Association: Gregg Cole - Vice President Mike Merchant - Treasurer If there is any questions regarding this matter, please call me at (909) 676-0031. Sincerely, Karih Rodriguez ^^..,.._/ ^ >v At the Direction of the Board ^—* KR/db cc NM Corrs/City CORRS\CrrASlQNERS.SAP FEB-01-199g 14=26 FROM LAND MGMT TO 917609318580 P.02 San IXogo Gam 4ft gbclife P O 30X123831 . SAN DIEOO. CA 9Z11»-<I«31 . G19 f 68^-2000 flLE NO January 20,1999 CITYOFCAilLSBAD 1200 Elm Avenue Carisbad, C A 92008 ATTN:CityEDgineer RE: Carisbad Tract No. 97-19 Please be advised tbat the divisioa of tlie property ^lown on Tract 97-19 will not unreasonably intetftre with tbe fi«e and complete exerdse of any easctncnt(s), hdd by Son Di^o Gas k Electric Con^pai^^-witfain the boundaries of said toitative m^. This letter should not be constmed as a subordination ofthe Conq>any's rights, title and of the proviaons ccHitained in said easea]ent(s) or a waiver of costs for rdocation of any interest in and to said eascineitt(s), nor should this letter be construed as a waiver of any affected fiuahties. In the event that tbe devdqyment requires relocation of ftdlities, on tbe subject prupetty, which &cilities exist by right of easement or otherwise, the owner/devdoper be requested to bear the cost of such relocation and provide SDG&E with suitable r^lacement rights. Such costs and rq)lacement ri^xts are required prior to the peifonnance of the rdocation. ]f additional infonnation is required m ccnmection with the above menticmed subject, please call Linda Victoria at (619) 654-1256. Respectfiilly, Linda Victoria Administrative Associate Duly Authorized Agent For SDG&E cc: O'Day Consultants TOTAL P.02 flight of Way/Liaison PACIFICE^BELL 4220 Arizona Street, Room 100 i^-Wi^oti-i. , San Oiego, Califomia 32104 A Pacific Telesis Company December 16, 1998 O'Day Consultants c/o Tim Carroll 5900 Pasteur Ct, Suite 100 Carlsbad, CA 92008-7317 Gentlemen: RE: Poinsettia Shores Area "D": Subdivision Map Act Section 66436 We have received from the developer a copy ofthe proposed final map. We do not object to the filing of the map without the signature of Pacific Bell. Yours truly. ^) Julie Davis Right of Way Agent aOAY CONSULTANTS JAN 1 9 1999 RECEIVED FAX TRANSMITTAL DATE: TO: FIRM: FAX NUMBER: PROJECT NAME: Sfhtlf% Aki D PROJECT #: _ FROM: NAME: JtC Ko^J^AS DEPARTMENT: COMMENTS: cr 97-/9 SENDER: DATE: TIME NUMBER OF PAGES (INCLUDING THIS COVER SHEET) TlUd ^l\^t 2 ^/^ 2- 11590 West Bernardo Court, Suite 100 • San Diego, CA 92127-1624 • (619) 451-6100 • FAX (619) 451-2846 FORM * 0009 Revised May, 1997 4- "b^oiJ^ OA i^/(le/f1s PETITION FOR INCLUSION OF TERRITORY TO CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 AND WAIVER OF ENGINEER'S "REPORT" AND PUBLIC HEARING REQUIREMENTS CT 97-19 THE UNDERSIGNED constitute one hundred percent (100%) of the owners of property proposed to be annexed to the existing CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1, formed pursuant to the "Landscaping and Lighting Act of 1972," being Division 15, part 2 of the Streets and Highways Code of the State of California. THE UNDERSIGNED hereby requests inclusion of the following referenced property to said District, which District was formed to maintain certain street lighting and landscaping improvements within said District and hereby consent to assessments levied under the existing assessment formulas and hereby acknowledge the receipt of the lighting and landscaping benefits to said property. Future assessment increases will be caused by reason of increases in the costs of labor, materials and utility cost increases applied to energy rates and water fees. Assessments can be subsequently modified and increased, as authorized by Section 54954.6 of the Government Code of the State of California, to reflect annual increases in the costs of labor and materials based upon the Consumer Price Index, San Diego, as published by the Department of Labor computed for the first Index in March of each year, and those above referenced changes will not constitute new and/or increased assessments requiring additional notification. THE UNDERSIGNED hereby waive Iny and all notice and hearing requirements, and the requirement of the filing of an Enginp%n's»"Report," pursuant to Section 22608.2 of the Streets and Highways Code of the State of California. Property Description Name Date Lots 7 & 8 of CT 94-01 Steve Kabel according to Map No. 13181 Divisional President Recei^^ed^jn the office of the City Engineer of the City of Carlsbad, this // day of ., 19_^. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: City Attorney CITY EMGINgER' CITY/OF CARLSBAD STATE OF CALIFORNIA Docs/Misforms/Pe( Ind Terr to City St Light & Landscaping Rev. 4/28/97 EMTHWORK CALCULATIOIJS CONSTANT = 1/2 X DIST./(CY/CF) = 100/(2x27) = 1.85 = C SECTIONS CUT FILL 0-1 C(0-Hl35) = 250 C(0-i-260) = 480 1-2 C(135+165) = 560 C(260-i-175) = 810 2-3 C(165-i-885) = 1950 C(175-i-30) = 380 3-4 C(885+245) = 2090 C(30-i-5) = 70 4-5 C(245-i-50) = 550 0(5-1-50) = 100 5-6 C(50+0) = 90 0(50-1-215) = 490 6-7 C{0 + 0) = 0 O(215-H230) = 830 7-8 0(0+0) = 0 O(230-f375) = 1120 8-9 C(O-i-O) = 0 0(375-1-315) = 1280 9-10 O(O-hO) = 0 0(315-1-345) = 1220 10-11 o(ot5) = m C(2A5 + 25) = Zlil 5480 7490 = 5500 = 7500 uoo u - -- - --f - -- -- - / ] - - -- r - ------i I »" 1 / - ------ i J \ 1 - C .; * K « m m mmmmmmiKntmt»3t>at)tmmft»*nmmm)tt)»mmm»»tmmmmmmmmmf 0+00 \ ffl « K* UC NV m SCALE: HORIZ ~ t' = 100' 3+00 2+00 ?—• B F - .J \ 1 1 I f-- J SCAlf: HORIZ /' = /^IC7' 6+00 A' - — \ f \ , J r-\, / L' nt Mt m m 5+00 1 t K « « m iitntmiiim»tatMmmxtaiit«mj»titiit4ttm4itm)its«mmtmiiti0mtmmmmmm»t 4+00 / • c r if / i V V 1 • J * • tt 1 It • * tt • I » V / SCALE: HORIZ ^ J' = 100' WRT. ~ /• = 10' 9+00 t K « tt m mtHutittmittiKKtmmmatMtJiim<ct«t4timMt3tint)«mmiitatt4itmtmmjitmmm f 8+00 ttr 7^- M t « « m m mmmitmittatntmmjitatJtJitj0<ti mmm 7+00 SCALE: HORIZ ~ /' « 100' mi r = 10' W+00 - -A- ( -t — 1 t It <t It m m at m m ot mximmtttiittmm SCALE: HORIZ A. /' = 100' mr. /• = m' n+oo t It » i Per 0-15 l^oe^ ^ iTATE OF CAUFORNIA—THE RESOURCES AGENCY 1^ CAUFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA C +. U •711 OQyl 3111 CAMINO DEL RIO NORTH, SUITE 200 USte vgPtgHipgr Z I , I yy4 SAN OIEGO, CA 92108-1725 (619) 321-8036 Applicdtion No. 6-94-79 Page 1 of L NOTICE OF INTENT TO ISSUE PERMIT On September 16. 1994 , the California Coastal Commission approved the application of Kaiza Poinsettia , subject to the attached standard and special conditions, for the development described below: Description: Master tentative map to mass grade approximately 89 acres associated with the Poinsettia Shores Master Plan, subdivision of 10 lots on the east side of the railroad tracks (8 residential and 2 open space), balanced grading of 328,000 cubic yards including roadway embankments associated with the construction of the Avenida Encinas alignment and bridge over the railroad tracks to connect with a new intersection at Carlsbad Boulevard (Old Highway 101), and construction of Avenida Encinas and temporary Ponto Road. Related infrastructure improvements are proposed to serve the buildout of the master plan property, including a storm drain and desiltation basin which terminates at Batiquitos Lagoon and construction of temporary Ponto Road. No tentative maps for development proposals associated with individual planning areas are proposed at this time. The project also proposes offers to dedicate open space and public access easements over proposed Lot 10. A private easement will be dedicated over a portion of Lot 4, to be dedicated with the individual area tentative maps. The private easement will be within the rear yards of the future residences and will be subject to the provisions stated on pages 4 and 5 of the staff report. The easement will be 40 feet wide adjacent to the eastside desiltation basin and 50 feet wide adjacent to the lagoon. The project also proposes maintenance and liability responsibilities for the open space and public access easements which may be transferred to the Homeowner's Association in the future upon approval by the City of Carlsbad and the Commission, proposes an agricultural mitigation fee, and proposes blufftop setbacks of 80 and 100 feet from residential structures. See pages 4-5 for a detailed description of the project. Lot Area 91.9 acres Pavement Coverage 4.5 acres (57.) Landscape Coverage 2.6 acres (3%) Unimproved Area 84.8 acres (92%) Zoning P-C (Planned Community) Plan Designation Multiple Ht abv fin grade 18 feet Site: South of Avenida Encinas and Windrose Circle, north of Batiquitos Lagoon, between Carlsbad Boulevard and 1-5, Carlsbad APN 216-140-17-33 NOTICE OF INTENT TO ISr" PERMIT NO. 6-94-79 Page 2 of ^ The permit will be held in the San Diego District Office of the Commission, pending fulfillment of Special Conditions 2.3.5.6.7 & 8 When these conditions have been satisfied, the permit will be issued. CHARLES DAMM DISTRICT DIRECTOR BY STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. NOTICE OF INTENT TO IS'^ PERMIT NO. 6-94-79 Page 3 of _5_ - SPECIAL CONDITIONS: The permit is subject to the following conditions: 1. Sensitive Resources. The recommendations by Dudek and Associates (August 10, 1994) for transplantation of southwestern spiny rush located at the west side desiltation basin as shown on the desiltation basin grading plan (August 5, 1994) shall be implemented within 90 days of the completion of the basin's construction. A pre-construction survey shall determine the number of individuals that would be impacted by basin construction. Those individuals shall be transplanted. Transplantation shall occur in the areas identified on the desiltation basin grading plan. 2. Bluff Top Setbacks. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, evidence that the proposed public setbacks of 40 and 50 feet from the bluff edge within Lot 10 have been staked and confirmed. The staked alignments shall be reviewed and approved by the Executive Director. The approved alignments shall be incorporated into the final map and the offer to dedicate for open space Lot 10. 3. Recordation of Open Space and Public Access Easements. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, evidence that the irrevocable offers to dedicate open space and public access easements have been executed in accordance with the terms of the project description as proposed by the applicant and detailed on pages 4 and 5 of the staff report dated 9/1/94 and as revised in the addendum to the staff report, dated September 13, 1994. 4. Trail Improvements. Construction of public trail improvements shall be required prior to the issuance of any building permits within those planning areas that include the public trail system. 5. Grading and and Erosion Control. Prior to the issuance of the coastal development permit, the applicant shall submit final grading plans approved by the Enginneering Department of the City of Carlsbad and approved in writing by the Executive Director, in consultation with the Department of Fish and Game. Said plans shall incorporate the following: a. All temporary runoff and erosion control devices shall be developed and installed prior to November 15, 1994. Any variation from the schedule shall be promptly reported to the Executive Director. b. No grading is allowed within Lot 10 (the public bluff top right of way adjacent to the lagoon and the railroad right-of-way). NOTICE OF INTENT TO ISf* PERMIT NO. 6-94-79 Page 4 of _5_ SPECIAL CONDITIONS, continued: c. Silt fencing shall be installed along the perimeter of the site prior to commencement of grading operations. d. All grading on the west side of the site shall be prohibited until at least September 1, of any year (end of least tern nesting season) or as directed by the U.S. Fish and Wildlife Service. Evidence of written approval of grading on the west side by the U.S. Fish and Wildlife Service shall be submitted to the Executive Director prior to grading. Grading on the east side of the railroad right of way is not subject to this requirement. e. All areas disturbed, but not completed, during the construction season, shall be hydroseeded upon completion of grading (1/31/95 for the east side and 12/31/95 for the west side). A hydroseeding schedule shall be submitted indicating the seed mix, amounts, areas of application, and monitoring and maintenance provisions of the hydroseed program. Said planting shall be accomplished under the supervision of a licensed landscape architect, shall provide adequate coverage within 90 days, and shall utilize vegetation of species compatible with surrounding native vegetation, subject to Executive Director approval. f. All other provisions of the proposed grading schedule and temporary and permament erosion control plan not specifically modified by the above requirements. 6. Drainage/Runoff Control. Prior to the issuance of a coastal development permit, the applicant shall submit final drainage and runoff control plans, approved by the City of Carlsbad. Said plans shall be designed by a licensed engineer qualified in hydrology and hydraulics, and assure no increase in peak runoff rate from the developed site as a result of a ten-year frequency storm over a six-hour duration (10 year, 5 hour rainstorm). Runoff control shall be accomplished by such means as on-site detention/desiIting basin(s). Energy dissipating measures at the terminus of outflow drains shall be constructed. The runoff control plan including supporting calculations shall be submitted to and determined adequate in writing by the Executive Di rector. 7. Agricultural Conversion. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, evidence that an agricultural mitigation fee has been paid for the 60 acres of agricultural lands on the subject site that is subject to the agricultural conversion provisions of the certified Poinsettia Shores Master Plan. As identified in the West Batiquitos Lagoon/Sammis NOTICE OF INTENT TO ISf Page 5 of _5_ PERMIT NO. 6-94-79 SPECIAL CONDITIONS, continued; Properties Land Use Plan, the fee shall be $5,000 for each net converted acre and shall be dtermined by the Planning Director. 8. Council Action on Local Coastal Program Amendment. Prior to the issuance of the coastal development permit, the applicant shall submit evidence that the City Council of Carlsbad has accepted the suggested modifications of Local Coastal Program Amendment #1-94, an amendment to the West Batiquitos Lagoon/Sammis Properties Local Coastal Program. (4611N) CONS U L T A XN T S December 7, 1998 J.N. 98-0090 Via Certified Mail Ms. Julie Davis Pacific Bell 4220 Arizona Street Room 100 San Diego, Califomia 92104 SUBJECT: Dear Julie: WAIVER OF FINAL MAP SIGNATURES; POmSEniA SHORES AREA D (CT 97-19) Pacific Bell is the owner of easements described by the following documents, which overlays the property for Poinsettia Shores Area'T)" (APN 216-510-06): Easement recorded October 21, 1954, in Book 5406, page 172 of Official Records. Easement recorded December 2,1954, in Book 5457, page 457 of Official Records. As your interest is such that it cannot ripen into a fee title, your signature is omitted fi-om the final map for Poinsettia Shores Area D (Carlsbad Tract 97-19), and we are enclosing a copy of the final map, title report, and extraction of the Subdivision Map Act as required under the provisions of Section 66436, Subsection (a)(3)(A)(i) of the Subdivision Map Act. We request that Pacific Bell waive its right to object to filing the map. If you have any questions, please don't hesitate to call me. Very truly yours, O'DAY CONSULTANTS, INC. Tim Carroll Project Manager TC:mt Enclosures cc: Mr. Steve Kabel, Watt Homes W:\msoffice\winwor*i>6-1034\98-0090\PscBeU.ltr 5900 Pasteur Ct. .Siiitf 200 CarlsbiUi. California 9200«-7.i;7 ^60-'A]/-7700 Fa.\: ''U)-':>.',I-H6H0 E-nuiil: iHlii\'i"'(it!,ivciinstiIuir,i ^ ron: Civil Engineering Planning Processing Surveying CONSULT AX NTS December 7, 1998 J.N. 98-0090 Via Certified Mail Ms. Linda Victoria San Diego Gas and Electric Company P. O. Box 1831 San Diego, Califomia 92112 SUBJECT: Dear Linda: WAIVER OF FINAL MAP SIGNATURES; POINSETTIA SHORES AREA D (CT 97-19) SDG&E is the owner of easements described by the following documents, which overlays the property for Poinsettia Shores Area "D" (APN 216-510-06): Easement recorded May 17, 1918, in Book 760, page 145 of Deeds. Easement recorded January 17, 1917, in Book 722, page 116 of Deeds. As your interest is such that it cannot ripen into a fee title, your signature is omitted fi-om the final map for Poinsettia Shores Area D (Carlsbad Tract 97-19), and we are enclosing a copy of the final map, title report, and extraction of the Subdivision Map Act as required under the provisions of Section 66436, Subsection (a)(3)(A)(i) of the Subdivision Map Act. We request that SDG&E waive its right to object to filing the map. If you have any questions, please don't hesitate to call me. Very truly yours, O'DAY CONSULTANTS, INC. Tim Carroll Project Manager TC:mt Enclosures cc: Mr. Steve Kabel, Watt Homes W:\MSOmCE\WINWORD\96-1034\98-0090\SIX}&E.LTR .5^00 Pasteur Ct. Suite 100 Carlshad. Calilornia 920UH-7.3I7 760-9,1;-77(10 Fax: •'/>0-v.l/-H6.S0 Civil Engineering Planning Processing Surveying San Diego Gas & Elecbric P.O. BOX 129831 . SAN DIEGO, CA 92112-9831 . 619 / 696-2000 FILE NO. .RECEIVED FEB 0 3 1999 ENGINEERING DEPARTMENT January 20, 1999 CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 ATTN: City Engineer RE: Carisbad Tract No. 97-19 Please be advised that the division of the property shown on Tract 97-19 will not unreasonably interfere with the fi-ee 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 perfonnance of the relocation. If additional information is required in connection with the above mentioned subject, please call Linda Victoria at (619) 654-1256. Respectfully, Linda Victoria Administrative Associate Duly Authorized Agent For SDG&E cc: O'Day Consultants 7 (5*jia.iro.f4cc rFRTTFirATE OP .SIF.niFTARV Q£ TWO SEAS ENTERPRISES. INC. I, the undersigned, WjQOyiam L. Canepa, do hereby certi^ that I am the duly elected Secretary of Two Seas Enterprises, Inc., a California coiporation, and to the tnrth of the following facts: 1. The Members of Wave Crest Resorts LLC, a Califoraia limited liability company (the "Company"), efiective as of September 18, 1998, entered into a certain Amended and Restated Operating Agreement fbr Palomar Beach Resort LLC, a Califomia limited liability company (the "Agreement"). 2. Effective as of December 22, 1998, the Members of the Company changed the name of the CoiBpany from "Palomar Beach Resort LLC" to "Wave Crest Resorts LLC." 3. By the terms of Section 5.3 A. of the Agreement, subject to certain limitations which are not applicable here, the Manager ofthe Company has Ml nght and power to manage and carry out the purposes, business, and affairs of the Company. 4. By the terms of Section 2.6 ofthe Agreement, one ofthe specific purposes of the Compacty is to develop a hotel at the site of 6450 Carlsbad Boulevard, Carlsbad, California |1he "Property"). 5. By tiie terms of Section 1.19 of tiie Agreement, the Manager of the Company is Two Seas Enterprises, Inc., a California coiporation (the "Manager"). 6. I am tiie duly elected President and Secretary of the Manager. 7. On August 15, 1999, by unanimous action taken by the Manager's two shareholders, myself and Lynn C. Cannady, the shareholders adopted the following resolution: Resolved, that William L. Canepa, the President of this company, is hereby given full decision-making authority, power, and discretion to manage and control all business and affairs of Wave Crest Resorts, LLC, as its appointed manager, including performing all acts WAVSO-«lM>ia\Cirtiric«ic of Secntary % vmvt. UKtsu •-* f'«tit Bb/Bb and activities customary or incidental to such management, including executing all documents required in the course of such management without finther signature(s) being required, including without limitation, specifically, all ri^t and power to grant and execute easements over the Property m favor of tibe City of Carlsbad relating to the relocation of Palomar Airport Road, and an easement in favor of die Carlsbad Municipal Water District for water line and related purposes. Dated: August 31,1999 riiliam L. Canepa, WiUiam Secretary WAV3IM)l\I>oGM:atificaie otSaatitry 05-11-1999 0g:21flM FROM O'Day Consultants TO 16196750716 P.02 .... ^. ,.,r,...r«u..,.._,-.., rHtJt l}£ MANASEMENT 2040] a<<MCHO CMJF. RD- sunBioi.Ta«aAA. CAlfORNW.92S9D Pf* c«»j47*«ai MANAGEMENT (8oa>a7frooBi FAX C«»)e^&«154 April 8, 1999 Ctty of .CariafaSKl EnguweringyiHannlng DepartnMint 2075 Us P|»lmia» Drive Cai^l3b8d CA 92009 Sulg^; San pacifico Communtty Assoaation Re: - Author1zB<i Signers To;V/fiom tt May Concern: On behalf of tha San Pacifico Oommynity Aaaooiaitlon. ithe folkwiwng two (2) Board mimljirs are pentJlttsd to.a«n lejjald^ Gregg Cole - Vice Pr«d(tent Mike Merchant - Treasurer ff there ie any questions regardirtg this matter, pteaee caH me at (909) $7erOQ31. Sincerely, ICviii Rodriguez At the Oiraotlon of the Board KR/db gc MM Corrs/City C6R«»crTY\aWNeB9SAI» TOTAL P.02 SUBDIVISION GUARANTEE Order No. 8351372 -uso Fee: $ 300.oo Dated: April 15, 1999 at 7:30 A.M. Subdivision: CARLSBAD TRACT NO. 97-19, POINSETTIA SHORES CHICAGO TITLE INSURANCE COMPANY a corporation, inerein called the Company GUARANTEES The County of STOJ DIEGO and any City within which said subdivision is located in a sum not exceeding $1,000.00 that, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said map are as set forth in Schedule A. Issued bv: CHICAGO TITLE INSURANCE COMPANY 925 "B" STREET SAN DIEGO. CA 92101 PHONE NO. (619) 239-60C1 FAX NO. (619) 544-6277 President Thomas J. .Adams Secretary Order No: 8351372 -USO Dated: April 15, 1999 Subdivision: CARLSBAD TRACT NO POINSETTIA SHORES at7:30 A.M. 97-19, apNo: 13181 Fax Number: (619)544-6292 SCHEDULE A The map hereinbefore referred to is a svibdivision of: CARLSBAD TRACT NO. 97-19, POINSETTIA SHORES, AREA D, BEING A SUBDIVISION OF LOTS 7 AND 8 OF CARLSBAD TRACT NO. 94-01, POINSETTIA SHORES UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13181, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 26, 1995 . The parties hereinbefore referred to arer OWNERS: WL HOMES, LLC, A DELAWARE LIMITED LIABILITY COMPANY; AND SAN PACIFICO COMMUNITY ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION TRUST DEED HOLDERS: RESIDENTIAL FUNDING CORPORATION, A DELAWARE CORPORATION AS BENEFICIARY EASEMENT HOLDERS: (1) THE CITY OF CARLSBAD HOLDER OF AN EASEMENT AS DEDICATED ON MAP NO. 13181, FILED JANUARY 26, 1995 AS FILE NO. 1995-035753, OFFICIAL RECORDS. SAID EASEMENT CANNOT RIPEN INTO A FEE. (2) THE SIGNATURE OF SAN DIEGO GAS AND ELECTRIC COMPANY, OWNER OF EASEMENTS AS DISCLOSED BY DEEDS RECORDED JANUARY 17, 1917 IN BOOK 722, PAGE 116 AND JUNE 24, 1918 IN BOOK 760, PAGE 145 OF DEEDS SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A) (3) (A) (I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (3) THE SIGNATURE OF PACIFIC TELEPHONE AND TELEGRAPH CO., OWNER OF EASEMENTS AS SEE ATTACHED EXHIBIT Sb'BDIVA - 12/22/M CHICAGO TIlCE COMPANY 925 B STREET, SAN DIEGO, CALIFORNIA 92101 (619)239-6081 Date: APRIL 20, 1999 EARL PENNY PEENY ENGINEERING 8400 N. MAGNOLIA AVE, SUITE L SANTEE, CA 92071 Your Ref: Order No. 8352351 US2 AMENDED PRELIMINARY REPORT ENCLOSED. We appreciate this opportunity to serve you. Title Officer: KEN BROWN TITRAN1 - 10/28/95 AA SUBDIVISION GUARANTEE Order No. 83 513 72 - uso Dated: October 28, 1998 at Subdivision: CARLSBAD TRACT NO. Fee: $ 7:30 A.M. 97-19, POINSETTIA SHORES CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES The County of SAN DIEGO and any City within which said subdivision is located in a sum not exceeding $1,000.00 that, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land Included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title Interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said map are as set forth In Schedule A. Issued by: CHICAGO TITLE INSURANCE COMPANY 925 "B" STREET SAN DIEGO, CA 92101 PHONE NO. (619) 239-6081 FAX NO. (619) 544-6277 r John Rau President Thomas J. Adams Secretary C/97 •-Order No: 8351372 -USO Dated: October 28, IS Subdivision: CARLSBAD TRACT*^. POINSETTIA SHORES at7:30 A.M. 97-19, """MapNo: 13181 Fax Number: (619)544-6292 SCHEDULE A The map hereinbefore referred to is a subdivision of: CARLSBAD TRACT NO. 97-19, POINSETTIA SHORES, AREA D, BEING A SUBDIVISION OF LOTS 7 AND 8 OF CARLSBAD TRACT NO. 94-01, POINSETTIA SHORES UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13181, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 26, 1995 . The parties hereinbefore referred to are: OWNERS: KAIZA POINSETTIA CORPORATION, A CALIFORNIA CORPORATION AND WL HOMES, LLC, A DELAWARE LIMITED LIABILITY COMPANY AND WATT RESIDENTIAL PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP TRUST DEED HOLDERS: THE MIDORI BANK, LTD., AS BENEFICIARY UNDER DEED OF TRUST RECORDED NOVEMBER 8, 1990 AS FILE NO. 1990-607342 OF OFFICIAL RECORDS THE MIDORI BANK, LTD., A JAPANESE BANK ACTING THROUGH THE INTERNATIONAL DEPARTMENT OF ITS KOB, JAPAN OFFICE, AS BENEFICIARY UNDER DEED OF TRUST RECORDED OCTOBER 7, 1996 AS FILE NO. 1996-0506475 OF OFFICIAL RECORDS. EASEMENT HOLDERS: (1) THE CITY OF CARLSBAD HOLDER OF AN EASEMENT AS DEDICATED ON MAP NO. 13181, FILED JANUARY 26, 1995 AS FILE NO. 1995-035753, OFFICIAL RECORDS. SAID EASEMENT CANNOT RIPEN INTO A FEE. (2) THE SIGNATURE OF SAN DIEGO GAS AND ELECTRIC COMPANY, OWNER OF EASEMENTS AS DISCLOSED BY DEEDS RECORDED JANUARY 17, 1917 IN BOOK 722, PAGE 116 AND JUNE 24, 1918 IN BOOK 760, PAGE 145 OF DEEDS SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT SEE ATTACHED EXHIBIT SUBDIVA-12/22/88 Policy No. Page 1 EXHIBIT REQUIRED BY THE GOVERNING BODY. (3) THE SIGNATURE OF PACIFIC TELEPHONE AND TELEGRAPH CO., OWNER OF EASEMENTS AS DISCLOSED BY DEEDS RECORDED OCTOBER 21, 1954 AS DOCUMENT NO. 141538 IN BOOK 5406, PAGE 172 AND DECEMBER 2, 1954 IN BOOK 54S5, PAGE 457, BOTH OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (4) THE SIGNATURE OF CARLSBAD MUNICIPAL WATER DISTRICT, OWNER OF AN EASEMENT AS DISCLOSED BY DEED RECORDED NOVEMBER 16, 1958 AS DOCUMENT NO. 185618 IN BOOK 73 38, PAGE 3 03 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A PEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (5) THE SIGNATURE OF JULES BERMAN, OWNER OF AN EASEMENT AS DISCLOSED BY DEED RECORDED NOVEMBER 12, 1965 AS FILE NO. 205391 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A) (3) (A) (I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (6) THE SIGNATURE OF PALMER CONNER, OWNER OF AN EASEMENT AS DISCLOSED BY DEED RECORDED NOVEMBER 12, 1965 AS FILE NO. 205574 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (7) THE SIGNATURE OF WATT RESIDENTIAL PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP, DBA WATT HOMES OF SOUTHERN CALIFORNIA, OWNER OF EASEMENTS AS DISCLOSED BY DEEDS RECORDED OCTOBER 31, 1997 AS FILE NO. 1997-0548156; OCTOBER 31, 1997 AS FILE NO. 1997- 0548157 AND OCTOBER 31, 1997 AS FILE NO. 1997-0548158 ALL OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A) (3) (A) (I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (8) THE SIGNATURE OF KAISA POINSETTIA CORPORATION, A CALIFORNIA CORPORATION, OWNER OF AN EASEMENT AS DISCLOSED BY DEED RECORDED OCTOBER 28, 1998 AS FILE NO. 1998- 0699348 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A) (3) (A) (I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (9) THE SIGNATURE OF WL HOMES LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER OF AN EASEMENT AS DISCLOSED BY DEED RECORDED OCTOBER 28, 1998 AS FILE NO. 1998-0699348 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A) (3) (A) (I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. EXHIBITB -12/22/Sa SUBDIVISION GUARANTEE Order No. 8351372 -uso Dated: September 16, 1998 at Subdivision: CARLSBAD TRACT NO. Fee: $ 7:30 A.M. 97-19, POINSETTIA SHORES CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES The County of SAN DIEGO and any City within which said subdivision Is located in a sum not exceeding $1,000.00 that, according to those public records which, under the recording laws, Impart constructive notice of matters affecting the title to the land Included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title Interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said map are as set forth in Schedule A. Issued by: CHICAGO TITLE INSURANCE COMPANY 925 "B" STREET SAN DIEGO, CA 92101 PHONE NO. (619) 239-6081 FAXNO. (619) 544-6277 John Rau President Thomas J. Adams Secretary ^, Order No: Dated: Subdivision: 8351372 - USO September 16, lW8 CARLSBAD TRACT NO. POINSETTIA SHORES at7:30 A.M. 97-19, ^lapNo: 13181 Fax Number: (619)544-6292 SCHEDULE A The map hereinbefore referred to is a subdivision of: CARLSBAD TRACT NO. 97-19, POINSETTIA SHORES, AREA D, BEING A SUBDIVISION OF LOTS 7 AND 8 OF CARLSBAD TRACT NO. 94-01, POINSETTIA SHORES UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13181, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 26, 1995 . The parties hereinbefore referred to are: OWNERS: KAIZA POINSETTIA CORPORATION, A CALIFORNIA CORPORATION AND WL HOMES, LLC, A DELAWARE LIMITED LIABILITY COMPANY AND WATT RESIDENTIAL PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP TRUST DEED HOLDERS: THE MIDORI BANK, LTD., AS BENEFICIARY UNDER DEED OP TRUST RECORDED NOVEMBER 8, 1990 AS PILE NO. 1990-607342 OP OFFICIAL RECORDS THE MIDORI BANK, LTD., A JAPANESE BANK ACTING THROUGH THE INTERNATIONAL DEPARTMENT OF ITS KOB, JAPAN OFFICE, AS BENEFICIARY UNDER DEED OF TRUST RECORDED OCTOBER 7, 1996 AS FILE NO. 1996-0506475 OF OFFICIAL RECORDS. EASEMENT HOLDERS: (1) THE CITY OF CARLSBAD HOLDER OF AN EASEMENT AS DEDICATED ON MAP NO. 13181, FILED JANUARY 26, 1995 AS FILE NO. 1995-035753, OFFICIAL RECORDS. SAID EASEMENT CANNOT RIPEN INTO A FEE. (2) THE SIGNATURE OF SAN DIEGO GAS AND ELECTRIC COMPANY, OWNER OF EASEMENTS AS DISCLOSED BY DEEDS RECORDED JANUARY 17, 1917 IN BOOK 722, PAGE 116 AND JUNE 24, 1918 IN BOOK 760, PAGE 145 OF DEEDS SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OP SECTION 66436, SUBSECTION (A)(3)(A)(I) OP GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATtJRE IS NOT SEE ATTACHED EXHIBIT SUBDIVA ~ 12/22/88 PolicyNo. - ^•«•••'' Page 1 EXHIBIT REQUIRED BY THE GOVERNING BODY. (3) THE SIGNATURE OF SOUTHERN CALIFORNIA TELEPHONE COMPANY, OWNER OF EASEMENT AS DISCLOSED BY DEED RECORDED DECEMBER 23, 1941 IN BOOK 1291, PAGE 125 OF OFFICIAL RECORDS, AND BY ORDER OP CONDEMNATION DATED SEPTEMBER 8, 1941 AND RECORDED SEPTEMBER 8, 1941 IN BOOK 1234, PAGE 344 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OP SECTION 66436, SUBSECTION (A)(3)(A)(I) OP GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A PEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (4) THE SIGNATURE OF PACIFIC TELEPHONE AND TELEGRAPH CO., OWNER OF EASEMENTS AS DISCLOSED BY DEEDS RECORDED OCTOBER 21, 1954 AS DOCUMENT NO. 141538 IN BOOK 5406, PAGE 172 AND DECEMBER 2, 1954 IN BOOK 54SS, PAGE 457, BOTH OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OP GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (5) THE SIGNATURE OP CARLSBAD MUNICIPAL WATER DISTRICT, OWNER OP AN EASEMENT AS DISCLOSED BY DEED RECORDED NOVEMBER 16, 1958 AS DOCUMENT NO. 185618 IN BOOK 7338, PAGE 3 03 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OP GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (6) THE SIGNATURE OP JULES BERMAN, OWNER OP AN EASEMENT AS DISCLOSED BY DEED RECORDED NOVEMBER 12, 1965 AS PILE NO. 205391 OP OFFICIAL RECORDS OP SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OP SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (7) THE SIGNATURE OP PALMER CONNER, OWNER OP AN EASEMENT AS DISCLOSED BY DEED RECORDED NOVEMBER 12, 1965 AS FILE NO. 205574 OP OFFICIAL RECORDS OP SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OP GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A PEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (8) THE SIGNATURE OF WATT RESIDENTIAL PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP, DBA WATT HOMES OF SOUTHERN CALIFORNIA, OWNER OF EASEMENTS AS DISCLOSED BY DEEDS RECORDED OCTOBER 31, 1997 AS FILE NO. 1997-0548156; OCTOBER 31, 1997 AS FILE NO. 1997-0548157 AND OCTOBER 31, 1997 AS FILE NO. 1997-0548158 ALL OP OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OP SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A PEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. EXHIBITB -12/22/88