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Home My WebLink AboutCT 97-20; CRISTALLA; Engineering ApplicationCITY OF CARLSBAD -ENGINEERING DEPARTMENT APPLICATION· FOR ENGINEERING PLAN CHECK OR PROCESSING Complete all appropriate information. Write N/A when not applicable. PROJECT NAME: QRISTALLA-BA 23 r DATE: 02-28-00 PROJECT DESCRIPTION: 61 ll~IT QQNDQMINIUM PROJECT 11 .. <:::... PROJECT ADDRESS: AVIARA PAR.KWi6\Y AND BLACKRAIL ROAD ~ ~ LOT NO(S).: • CtY: 0-, 7() !.[S"3 7 ) MAP NO.: CT 97:-20 • APN(S).: \ 215-042-01. O~) NO. OF DWELLING .UNITS: 61 LFMP ZONE: # LOTS: ~-A / . .' ._.,--. lB.2Q1 OWNER: BREHM-AVIARA GROUP z LLC APPLICANT: BREHM-AVIARA GRQllf. LLC -- Mailing Address: 5770 OBERLIN DR. Mailing Address: SAME AS OWNER SAN DIEGO, CA 92121 Phone Number: (858 )453-3040 Phone Number: ( ) I certify that I am the legal owner and that all the above Signature d )~¥foate Jr4!(}{[ infonnatlon;W~Ofmyi~ Signature Date b. ~ - CIVIL ENGINEER: DAN LEE SOILS ENGINEER: JOHN HOOBS Firm: P&D CONSULTANTS Firm: GE.OCON Mailing Address: 401 WEST A ST. SUITE 2500 Mailing Address: 6960 FLANDERS DR. . SAN DIEGO, CA 92101 SAN DIEGO z CA 92121 Phone Number: ( 619 ) 232-4466 Phone Number: (858 ) 558-6900 State Registration Number: 38396 State Registration Number: 152f£ ADDITIONAL COMMENTS: THIS APPLIQATION IS FQR AN ~NCRQ8CHMENI AGRE~MENI IMPROVEMENT VALUATION 1. What water district is tb.e..Rropo~ed project located in? (circle one) ~~cipal Wat;r Distric Olivenhain . Vallecitos . 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements (if applicable)? .$ 3. What is the total cost estimate, including the 15% contingency fee, for sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and $ drainage improvements (if applicable)? 4. What is the total cost of landscape and irrigation impr~vements on private property (if applicable)? $ GRADING QUANTITIES . e.-:r 97..J 2iJ ..... ~ ., "', flU cv re.rnecjial cy imporUexport cy ~ FOR CITY US1tNL Y I I I APPLICATION FOR: Plancheck Drawing Oeposit/Fees I , (./ all that apply) Number Type Number Project 1.0. , Paid .. I o Adjustment Plat ADJP o Certificate of Compliance COC o Dedication of Easement DOE '---.. --. Type: Type: ~E.D_croachment Permit ENCROACH ~~~I,L,i c:/77-6<n p:f' 'i_D'O <2:Q.. -o Engineering Standards Variance ESV • o Final Map • FM • o Grading Plancheck GRPC o Grading GRADING o l"'iJluVClllent Plancheck IPC o Parcel Map PM o Quitclaim of Easement QUITC --Type: --' Type: ' . .. .. "._. ,.... ,.-. --.. o Heversion to Acreage RTA o Street Vacation STV o Tentative Parcel Map MS o Certificate of Correction CCOR 1--·· --.------ o Covenant for Easement COVE .. o Substantial Conformance Exhibit SCE .. . . '. APPLICATION ACCEPTED BY: .' .. . . . ' MASTER PROJECT 10: ~r'r~D p£eD '~D1. RECEIPT NUMBER: \ '3 2000 . OC1 PRELIMINARY SIERRA SYSTEM INPUT INITIAL: . 'G\,,\>::~R\NG EN r,'-',-- SIERRA SYSTEM INPUT INITIAL: \"',-nf,~Nl OE?~''-'' , ..... R:BASE INPUT INITIAL: MASTER FILE NUMBER: . F .. o OTHER: DATE STAMP APPLICATION RECEIVED • OOCSIMISFORMSIAPPLICATION ENG PLANCHECK OR PROCESSING REV,101O6199 .. , ,-.. , /'/""'..J ;;4-,: ~ S' CITY OF CARLSBAD • ENGINEERING DEPtRTMENT APPUCAnON \L,/' FOR ENGINEERING PLANCHECK OR PROCESSING ~'; . -, epptOpI PmIIIon. not. PROJECT NAME: Christalla-Aviara P.A.-23 DATE: 6/1/99 PROJECT DESCRIPTlON: Gl Single Family Detached Residential Livinq Unit ~. . .:1 tnium PrQject j PROJECT ADDRESS: Intersection of Black Rail Rd. & Aviara :ekW:Y. ~ LOT NO(S).: 138 & 139 MAP NO.: 13512 APN(S).:(. 2L5-040-24:'bo / --.- OWNER: Brehm Canpanies APPUCANT: Same as owner MaIlJng AddIMe: . 5770 Oberlin Drive MaiIing~ San Diego, CA 92121 .. . Phone Number. , 619 l 453-3040 Phone Number. , 1 I cettIfy 1haIl1 am 1M Ieg4II owner IIId 1Nt .. the Ibow InfotrNIdoft I c.ttIfy 1haIl1 am the agent of lie IepI owner and hit .. InfonnIIIIon on II true and eotreCt to the· be« of my ~ thIe IhMt II we and oorreet to the be« 01 my kncM. dge. S~ Date S~ 0_ CML ENGINEER: P & D Consultants SOILS ENGINEER: Geotechnics Corporation F'1tJll: F"arm: M:foiIIng AcIdreee: 401 'West A Street, Ste 250C MaiUng~ . , 9245 Activity Rd. San.Diego, CA 92101 ' San Piego, CA .92126 PhOne Numb«: ( 619 1 232-4466 Phone Number: , 619 1 536-1000 State Reg/8tnltion Number. ... ~Numbet: CEG 1125 lANDSCAPE ARCHITECT: Estrada -ADOmotW. COMMENTS: .. Finn: Land Plarming ~~ 85 Horton Plaza San Diego, CA 92101 PhCM Numb«: , 619 1 236-0143 State ~ NumOer. RIA 1685 NO. OF OWEWNG UNrT'S: 61 LFMPZONE: NO. OF LOTS: ,26 NO. OF ACRES: 17:.4 IMPROVEMENT VAlUATlON: 18WW'. water & rec!aimed water: $470,000 streets and drainage: $780,000 landscape: 2.15,000 watIr c:Istr1ct ' CMWD GRADING QUAN1lT1ES: :?!S,1ioo CY ~ -:....-cy 11 ---ct remedial ---at inpOrt/export ---r:t. PLEASE CHECK Off APPUCATION TYPES ON REVERSE SIDE ;4 0764-537 , \ 'RIV 1211111S .APPUCATlON FOR (CHECK All THAT APPLY): ... nl'ltnaartrl .... Standards Variance Imrlrn\irAm,Ant Ptancheck Ptancheck o Parcel o Quitdaim of Easement o Reversion to Al"f'aarlA o Street Vacation o Tentative Parcel o Certificate of Correction o Covenant for Easement o SubstantiaJ Conformance Exhibit Obther: _______ .-,,;;. _________ ., /./ i;t'V" ~,. Ai· . . J;;.,... t ~ S" . CITY OF C'LSBAD • ENG.INEERINGD~TMENT . APPUCAnON , FOR ENGINEERING PLANCHECK·OR PROCESSING :t:~ . . :';-:i',r-_____ ~-~COf:m:.",...::~~appI=ropI:,...:.:InIOI=rrnIIIoI::I1.~*::.~N.:1A~ .• ;..,.,~" not= .. :~:'Cillb: .. :... .... --..;.-~ .... PROJECTNAME:~04c6:9-P??.u4#d<::!' #/2.(5:;4 23 OATE:/Z~z.e-9B PROJECT OESCRIFlnON: ~/ 6',u&.6 n~/L Ud)/n:::, PROJECT ADDRESS::J:a~(:?g~~~e..~~~~~~~~~~~~~~~~~~:....... LOT NO(S).: /$8 :}/32 OWNER: ~A1 --4J.1'A2-,0.9 M.ulngAddr..: 283.s-~/..-u-o ~L. MlillngAdchll: ~s~:::3~~~ ___ _ /2/0 &::!='; 5-226 .s;a ~ 9Z"/a Phone Number. (~/9) Z9:3 -70~o Phone ~ ~_"'-) ________ -- I cedi thIIt I .... the IegII ~ and thIIt II .. Ibow Ii1fonMIIon Ie true and ooneot to the belt ~.~ .knowIldcae , S~c> '0_ \ ~/~----------~ ~---- \ CML ENGINEER:-.L2~W:o....=;==-~;;",,:;;;;;g~..,,;:;;;,..~_ Firm: -P40 Cc;A/suLm.u73 , .-d.J.. t ... ~AdchIe: -r~/ W;.IP sr s-~ .' ... SJ:) .. c:::A-.r 9'2./ t!) / \PhOne Number. C /el? ) 2&2 -44~tR \.. RegICdon Number.38 324?,/8Z39/ '~OSCAPE ARCHITECT: ~7T fo1~/l A..J \m: ~rR~ tt:;4..dO ?LM q ~~ as-/lqe7l:JA/ ~ -goo , 6,0. <4--. ~ 2/8/ _Number. ctd/9) Z~ -0/13 .~ Number: RLA V 49 I 0IIIIft 1Nt I .... -aent 0I"1egII owner and flit II ~ Oft thIe IhNt Ii we and 00IfeGt to .. ·beIt 01 ~ knotMdge. S~ ____________ ~Q"~ ____ _ SOILS ENGINEER: flpjlfptpf ~ '.' Firm: d:;=c:>!fi?!/~/c.$ /~~P, . awsne.~ 99glbU8/tU€§p./?M4 &ve 6;0. c:;;4-. 92;g) , PhoneNumblr. (~9 ,) '~-/~ . ... AeQIItrIIon ~ .. 40333 . ADOmOtW.COM"ENTS:~ ______ _ NO. Ot: ACRES: /7w4 " :;LUiE CHECK OFF APPUCAnON TYPES 0,. REVERSE SIDE' ·APPUCATlON FOR (CHECK All THAT APPlY): o Encroachment Permit • o Standards Variance r_ .. , .. ~,a~la"" Planeheck o Reversion to o Street Vacation o Tentative Parcel o Certificate of Correction o Covenant for Easement o Substantial Conformance ExhibIt • CITY OF CARLSBAD· ENGINEERING DEPARTMENt APPLICATION· FOR ENGINEERING PLAN CHECK OR PROCESSING Complete all appropriate informatlonh Write N/A when not ~RPlicable. PROJECT NAME: CRISTALLA-PA 23 . DATE: 09-28-00 PROJECT DESCRIPTION: 61 UNIT CONDOMINIUM PROJECT PROJECT ADDRESS: AVIARA PARKWAY AND BLACKRAIL ROAD ------~~~~~~~~~~~~~~------~~--~------~ LOT NO(S).: _____ MAP NO.: CT 97-20 NO. OF DWELLlNG.UNITS: 61 LFMP ZONE: ""'::":'--- -. OWNER: BREHM-AVIARA GROUP, LLC Mailing Address: 5770 OBERLIN DR. SAN DIEGO, CA 92121 Phone Number: (858 )453-3040 I certify that I am the legal owner and that a/l the above information is true n the b of my ~.Je Signature Date A erJ , CIVIL: ENGINEER: DAN LEE Firm: P&D CONSULTANTS Mailing Address: 401 WEST A ST. SUITE" 2500 SAN DIEGO, CA 92101 Phone Number: ( 619) 232-4466 State Registration Number: 38396 ------------------ APN(S).: 215~042-01. 02 #i..OTS: 2...4------# ACRl;$: . 18.201 APPLICANT: BltEtrn",::AVIARA GROUl' , .LLC Mailing Address: SAME AS. OWNER Phone Number. ) ~--~----~----------~ Signature ~~~~~~~ Date iq~.: ' SOILS ENGINEER: JOHN HOOBS Firm: GEOCON --~~~--~------~~- Mailing Address: 6960 FLANDERS DR. SAN DIEGO. CA 92121 . Phone Number: (858). 558-6900 . State Registration Number: __ .... 1 .... 5,...2=4 ___ -.;,. ______ _ ADDITIONAL COMMENTS: THIS APPLICATION IS FOR AN ENCEOACHMENT' AGREEMENT IMPROVEMENT VALUATION 1. What water.district is roposed project located in? (circle one) Carlsbad Municipal Water Distric Olivenhain . Vallecitos 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements (if applicable)? $ ---3. What is the total cost estimate, including the 15% contingency fee. for sewer (for Carlsbad Municipal Water District only), street, public (median) landscape an~ irrigation, and drainage improvements (if applicable)? $ 4. What is the total cost of landscape and irrigation improvements on private property (if applicable)? $ ""' .. ---..... GRADING QUANTITIES ~. a7-';uj :,...,,.,,,ri/avnnl't /. C':I , ,',,' " Complete all DATE: g8, /3.,. zoo 'I PROJECT ADDRESS: ______ -------------------------- LOT NO(S).: _____ MAP NO.: 1wI/"u(), /IY/S-? APN(S).: NUMBER OF LOTS: NUMBER OF ACRES: OWNER: )- Mailing Address: , ' APPUCANT: "Mailing Address: 1kdff#/n (Wy4l1N/¢i:5" 27/9' L()g~ Ifv''£ wstZ: (!JfI#544LJ t!4, 7206 B Phone Number: Fax Number: E-Mail: I certify that I am the legal owner and that all the above information is true and correct to the best of my knowledge. Signature: Date: CIVIL ENGINEE"R: GI3ORt5tf' <2 Jott1 FIRM: 0 '.!Jlfq tliJ,vsttCZ;;;V13 Mailing Address: 1i'J/o kJ.eE.£. ME. 5'1ClOO M,flS4M M. 72-00 tJ Phone Number: (260) C;U -2700 Fax Number: E-Mail: State ADDmONAL COMMENTS: Phone Number: Fax Number: E-Mail: SOILS r'\ll"''''\lr FIRM: Mailing Address: Phone Number: Fax Number: E-Mail: State Registration Number: IMPROVEMENT VALUATION 1. What water district is the proposed project located in? (check one) Dcarlsbad Municipal Water District DOlivenhain DVallecitos 2. If in the carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ GRADING QUANTITIES cut ___ cy fill ___ cy remedial ___ cy import ___ cy export _____ cy SEE REVERSE SIDE PROJECT PLAN REVIEW COMPlETION The fol/olNing project plans have been reviewed and are recommended for approvaf: Project Name: /ltlllJlfII/ ;'it-'Z..3 Project No: cr 17 .... zt; Drawing No: "377 --J ". -DECLARATION-OF RESPONSIBLE CHARGE ~ hereby deelare that r 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. .' Pfan review of these project drawings does not relieve the Engineer of Work of the responsibilities for the project design. Firm: Berryman & Henicar Address: 11590 W. Bernardo Court. Suite 100 San Dieco. CA 921'27 Telephone:_4.;.;::5_.1.--6:...;.1,.:,0-"'-0 ____ --:-_____ _ B}r.11.Qt /.J ~. Date: /1-6 ~ 01 P.E. (Civil) No: I.f~'ifl? Expiration: 9-30~O'r (seal) Rev. 2/8/96 F:\USEMS'lRALI.E\WPOATA\PLANREV.B&H -. PROJECT PLAN REVIEW COMPLETION The following project plans have been reviewed and are recommended for approval: Project Name: All (~rr /4 L.3 • Project NO:_.;:::;.f...L.1 __ q_7_~ Z_d _____ _ O • N "'17-£1/ /t6 v £. ,raWing 0:_...::;:;,;,...;... ___________ _ -, S~~'ets No. 7 through, ________ _ ·DECLARATION-OF RESPONSIBLE CHARGE , ' ~ 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. Firm: Berryman & Henicar Address: 11590 W. Bernardo Court. Suite 100 San Dieco. CA 92127 Telephone:_4:.:::5.,:..1-...::;6:...:.,1.:..00::::..-____ ."..-____ _ By: Ql..oP.. Ivl, ~Date: /1-G -01 P.E. (Civil) No: Lf'i'8j2 Expiration: or· 30,0 Lf (seal) Rev. 2/8/96 F:\USERS\RALI.E\WPOATA\PLANREV.6&H • PROJECT PLAN REVIEW COMPLETION The following project plans have been reviewed and are recommended for approval: Project Name: /I /1 .4fi.1f ~/J 0 Project No: c--r 97-29 Drawing No: 5 77-~.# Sheets No. I through It) DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge ever 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. Firm: Berryman & Henigar Address: 11590 W. Bernardo Court. 'Suite 100 San Diego. CA 92127 Telephone:_4=5;...:.1--=:6:....:,1.;:;..00=--_________ _ BY:!JJJu.. ,() ~ Date: /;). -fI' '19 P.E. (Civil) No: o/fr~/q Expiration: C( -30-00 (seal) Rev. 2/8/96 F;\USERS\RALLE\WPDATA\PLANREV.B&H I·y -. , PROJECT PLAN REVIEW COMPLETION The following project plans have been reviewed and are recommended for approval: Project Name:_+,I).f-..:.--.'Y' 1J7t~tt}!.----l..-/II!.--2---.;...3 __ _ Project No: (l r 97-20 Drawing No: 3 77 --S Sheets No. I through_....;:8~ _____ _ 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. Firm: Berryman & Henigar Address: 11590 W. Bernardo Court. 'Suite 100 San Diego. CA 92127 Telephone:_4=5..:..1 --=6...:..1 0=.;0=---_________ _ Sy:1J. fl1. !J~ Date: fJ, ~. f'9 P.E. (Civil) No: tt''?~19 Expiration: 9A.36~Oo (seal) Rev. 2/8/96 F:\USERS\RALLE\WPOATA\PtANREV. B&H • SUBDIVISION GUARANTEE Order No. 9351194 -U50 Fee: $ Dated: February J.4, 200J. at 7:30 A.M. Subdivision: CITY OF CARLSBAD TRACT NO. 97-20 AVIARA PHASE III 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 $1,000.00 that. according to those public records which. und$r the recording laws. impart.canstructlVe 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 consentingto,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 TI1LE INSURANCE COMPANY 925 liB" STREET SAN DIEGO, CA 92101 PHONE NO. (619) 239-6081 FAX NO. (619) 544-6277 . l 'd 199r 'ON Patrick F. Stone Pre~ident /Zts!? Secrotary WdOP:Ol rOOl'£~ '83:J __ Order No: 83S1H4 -U50 A "Da~ed: February 14, 2"-at7:30 A.M. ~Subdivision: CITY OF CARLSBAD TRACT NO. 97-20 AVIARA PHASE III SCHEDULE A The map hereinbefore referred to is a subdivision of: SEE ATTACHED DESCRIPTION The parties hereinbefore referred to are: OWNERS: ERBHM-AVIARA GROUP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUST DEED HOLDERS: FIRST AMERICAN TITLE INSURANCE COMPANY. AS TRUSTEE UNDER DEED· Of TRUST RECORDED DECEMBER 15, 1997 AS FILE NO. 1997-0634798 OF OFFICI~ RECORDS. EANK ONE, ARIZONA, A NATIONAL BANKING ASSOCIATION, TRUSTEE UNDER DEED OF ~UST RECORDED SEPTEMBER 8, 2000 AS FILE NO. 2000-0484746, OFFICIAL R~CORDS. CHICAGO TITLE COMPANY. TRUSTEE UNDER DEED OF TRUST REeORDED SEPTEMBER S, 2000 AS FILE NO. 2000-048~747, OFFICIAL RECORDS. EASEMENT HOLDERS: (1) THE SIGNATURE OF SAN DIEGO GAS AND ELECTRIC COMPANY, OWNER OF EASEM~NTS AS DISCLOSED BY DEEDS RECORDED OCTOBER 16, 1956 IN BOOK 6301, PAGE 162 AND FE~RUARY 7, 1958 IN BOOK 694~, PAGE 234 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS EE~ 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 ANP SAID SIGNATURES ARE NOT REQUIRED BY THE GOVERNING BODY. (2) THE SIGNATURE OF PACIFIC BELL, A CALIFORNIA CORPORATION, OWNER OF AN E~SEMENT AS DISCLOSED BY DEED RECORDED SEPTEMBER 6, 1991 AS FILE NO. 1991-0456674 OF OFFICI~ RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SEE ATTACHED EXHIBIT p~lfCYNo. Page 1 EXHIBlT • SUBSECTION (A) (3) (A) (I) OF GOVERNMENT CODE, THEIlt INTEREST ISSt1C~THA'l' IT C~OT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT ~OUIRBD BY THE GOVERNING BODY. (3) THE SIGNATURE OF BRAMALEA cAr.IFORNIA, INC. I A CALIFORNIA CORPORATION: OWNER OF AN EASEMENT AS DISCLOSED BY DEED RECORDED SEPTEMBER 19, 1991 AS FILE NO. 1991-04"82776 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 EODY. (4) THE CITY OF CARLSBAD HOLDER OF AN EASEMENT AS DEDICATED ON oMAP NO. l3-512, FILED DECEMBER 10, 1997. SAID EASEMENT CANNOT RIPEN INTO A FEE. EX.IIBlTB -12/12/" V 'd ~99l 'ON · . Page 1 DESCRIPTION Order No. 8351194 LOTS 136 AND 139 OF CITY OF CARLSBAD TRACT NO. n-3 AVIAFA PHASE III UNIT NO.6, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 13512, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 10, 1997. EXCEPTING FROM SAID LOT 139 THAT CERTAIN BUILDING, AND THE FURNITURE, FIXTURES AND EQUIPMENT THEREIN AND THEREON, LOCATED UPON THE PROPERTY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 139{ THENC~ SOUTH 13°06'47" EAST 375.65 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 4~05a'02" EAST 94.54 ' FEET; THENCE SOUTH 45°01'58 11 WEST 61.10 FEETi THENCE NORTH 44°58'02" EAST 94.54 FEET; THENCE 45 0 01'59" EAST 61.10 FEET TO THE TRUE POINT OF BEG~NNING. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIG:a~Si NAT~GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEWR NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, ~OGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY OIL AND G~S WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND S~TS UNDER AND BENEATH OR BEYOND THE EXTER.IOR LIMITS THEREOF, AND TO RSDRILL,RE'l'UNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH wELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY. ~991 'ON SUBDIVISION GUARANTEE Order No. 8351.194 -U50 Fee: $ Dated: September 12, 2000 at 7: 30 A.M. Subdivision: CITY OF CARLSBAD TRACT NO. 97-20 AVIARA PHASE III 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 Patrick F. Stone President fZB~ Secretary i 1 "j Order No: 8351194 -U501 Dateq.: September 12, 2 00 at7:30 A.M. SUbdi'vision: CITY OF CARLSBAD TRACT NO. 97-20 AVIARA PHASE III SCHEDULE A The map hereinbefore referred to is a subdivision of: SEE ATTACHED DESCRIPTION The parties hereinbefore referred to are: OWNERS: .aPNo: Fax Number: (619)544-6292 BREHM-AVIARA GROUP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUST DEED HOLDERS: FIRST AMERICAN TITLE INSURANCE COMPANY, AS TRUSTEE UNDER DEED OF TRUST RECORDED DECEMBER 15, 1997 AS FILE NO. 1997-0634788 OF OFFICIAL RECORDS. BANK ONE, ARIZONA, A NATIONAL BANKING ASSOCIATION, TRUSTEE UNDER DEED OF TRUST RECORDED SEPTEMBER 8, 2000 AS FILE NO. 2000-0484746, OFFICIAL RECORDS. CHICAGO TITLE COMPANY, TRUSTEE UNDER DEED OF TRUST RECORDED SEPTEMBER 8, 2000 AS FILE NO. 2000-0484747, OFFICIAL RECORDS. EASEMENT HOLDERS: (1) THE SIGNATURE OF SAN DIEGO GAS AND ELECTRIC COMPANY, OWNER OF EASEMENTS AS DISCLOSED BY DEEDS RECORDED OCTOBER 16, 1956 IN BOOK 6301, PAGE 162 AND FEBRUARY 7, . 1958 IN BOOK 6941, PAGE 234 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUB~ECTION (A) (3) (A) (I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURES ARE NOT REQUIRED BY THE GOVERNING BODY. (2) THE SIGNATURE OF PACIFIC BELL, A CALIFORNIA CORPORATION, OWNER OF AN EASEMENT AS DISCLOSED BY DEED RECORDED SEPTEMBER 6, 1991 AS FILE NO. 1991-0456674 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SEE ATTACHED EXHIBIT SUBDIVA •• 12{22{88 Policy No: Page 1 EXHIBIT 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 BRAMALEA CALIFORNIA, INC., A CALIFORNIA CORPORATION, OWNER OF AN EASEMENT AS DISCLOSED BY DEED RECORDED SEPTEMBER 19, 1991 AS FILE NO. 1991-0482776 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 ~NTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (4) THE CITY OF CARLSBAD HOLDER OF AN EASEMENT AS DEDICATED ON MAP NO. 13512, FILED DECEMBER 10, 1997. SAID EASEMENT CANNOT RIPEN INTO A FEE. EXHIBITB --12/22/88 • Page 1 DESCRIPTION Order No. 8351194 LOTS 138 AND 139 OF CITY OF CARLSBAD TRACT NO. 92-3 AVIARA PHASE III UNIT NO.6, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13512, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 10, 1997. EXCEPTING FROM SAID LOT 139 THAT CERTAIN BUILDING, AND THE FURNITURE, FIXTURES AND EQUIPMENT THEREIN AND THEREON, LOCATED UPON THE PROPERTY DESCRIBED .AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 139; THENCE SOUTH 13°06'47" EAST 375.65 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 44°58'02" EAST 94.54 FEET; THENCE SOUTH 45°01'58" WEST 61.10 FEET; THENCE NORTH 44°58'02" EAST 94.54 FEET; THENCE 45°01'58" EAST 61.10 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY. FORM 1359 (4/75) CLTA SUBDMSION GUARANTEE FORM NO. 1 SUBDIVISION GUARANTEE SUBDMSION: PARCEL MAP MINOR SUBDMSION 99-03 ORDER NO.: 1192182-22 • RECEIVED DEC 1 3 2000 ENGINEERING DEPARTMENT FEE: $500.00 FIRST AMERICAN TITLE INSURANCE COMPANY a corporation, GUARANTEES, THE COUNTY OF SAN DIEGO AND ANY CITY WITHIN WHICH SAID SUBDMSION 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: MARY C. DOLKAS AND DOUGLAS E. LAYLAND, WIFE AND HUSBAND, AS OWNERS NEW CENTURY MORTGAGE CORPORATION, A CALIFORNIA CORPORATION, AS TRUSTEE OF A DEED OF TRUST RECORDED JULY 17, 1998 AS FILE NO. 1998-0443446 OF OFFICIAL RECORDS. THE SIGNATURE OF THE FOLLOWING HAS BEEN OMITTED UNDER THE PROVISION OF SECTION 66436, SUBSECTION (a) (3) (A) (i) OF THE SUBDIVISION MAP ACT. THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY: THE COUNTY OF SAN DIEGO, AS HOLDER OF AN EASEMENT RECORDED JANUARY 9, 1934 IN BOOK 261, PAGE 221 OF OFFICIAL RECORDS. THE MAP HEREINBEFORE REFERRED TO IS A SUBDIVISION OF: THE NORTHWESTERLY ONE-HALF OF LOT 8 OF SUB-DIVISION OF TRACT 114 AND 120 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1744, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, JANUARY 3, 1923. DATED: DECEMBER 5,2000 FIRST AMERICAN TITLE INSURANCE COMPANY SCOTT PARKS -TITLE OFFICER DIRECT DIAL -231-4664 FAX NO. 231-4647