The URL can be used to link to this page

Home My WebLink AboutCT 97-22; Poinsettia Properties PA8; Tentative Map (CT) (4)City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Corp/Part Shea Homes Limited PartnershipPerson_ Title Title Address Address 10721 Treena St, Ste. 200 San Diego? CA. 921 31 OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e. partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person_ Title Corp/Part_ Title Shea Homes Limited Partnership Address Address 10721 Treena St, Ste. 200 San Diego, CA 92131 2O75 Las Palmas Dr. - Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-O894 Disclosure Statement Attachment Pacific Shores South - CT 97-22 / CP 98-09 Shea Homes Limited Partnership The following individuals own more than 10% of the shares of Shea Homes Limited Partnership: General Partner Limited Partner Limited Partner Limited Partner Limited Partner Limited Partner Limited Partner J.F. Shea Company, Inc. Shea Investments Tahoe Partnership 1 Balboa Partnership John F. Shea, Trustee John F. Shea Family Trust Peter 0. Shea Edmund H. Shea, Jr. Trustee Edmund and Mary Shea Real Property Trust 655 Brea Canyon Road, Walnut, CA 91789 655 Brea Canyon Road, Walnut, CA 91789 655 Brea Canyon Road, Walnut, CA 9 1789 655 Brea Canyon Road, Walnut, CA 91789 655 Brea Canyon Road, Walnut, CA 91789 655 Brea Canyon Road, Walnut, CA 9 1789 655 Brea Canyon Road, Walnut, CA 91789 NON-PROFIT ORWBVIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/TrustNon Profit/Trust Title Title Address Address Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes X No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of date Signature of applica Paul Barnes Print or type name of owner Paul Barnes Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent • H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 J33/B2/1999 08:18 .7604382443 HQFMAN PLANNING PAGE 02 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Planning Area fl; Poinsettia Properties Specific Plan APPLICANT NAME: Shea 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: Request for a Tentative Map, Condominium Permit and Coastal Development Permit for Planning Area 8 of the Poinsettia Properties Specific Plan, The proposed Tentative Map will allow for the subdivision of one parcel into lots to include 1 lot for 112 single-family units, open space areas and an RV storage area; and 2 open space lots on 16.6 acres. Planning Area 8 is located within the Poinsettia Properties Specific Plan and Local Facilities Management Plan Zone 22 as depicted on the attached Location Map. A variety of existing and future land uses are adjacent to Planning Area 8. Existing land uses include Carlsbad Boulevard and Poinsettia Lane, South Carlsbad State Beach, the Lakeshore Gardens Mobile Home Park and the railroad right-of-way. The Specific Plan goal for Planning Area 8 is to provide medium-high density, market rate units. This area will provide an attractive alternative for many professionals that enjoy the North County beach- oriented lifestyle, yet work in San Diego. Residents of this Planning Area will be able to bicycle or walk to the transit station on safe pedestrian/bike trails and secure their bikes in the lockers provided at the station. The product proposed by Shea Homes is as follows: Plan 1 is 1,880 square feet with a building height of 25.0 feet; Plan 2 is 2,033 square feet with a building height of 26.0 feet; Plan 3 is 2,100 square feet with a building height of 25.5 feet. Plan 4 is 2,251 square feet with a building height of 26.0 feet. All of the homes will include front porches and two car garages. Rev. 4/91 ProjDesc.frm t P, City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 Receipt Applicant: SHEA HOMES Description Amount PRE00002 420.00 Not valid unless validated by Cash Register PLEASE RETAIN RECEIPT FOR REFUNDS OR ADJUSTMENTS Receipt Number: R0009265 Transaction Date: 01/12/00 \^ Pay Type Method Description ..... Amount Payment Check 1768 420.00 Transaction Amount: 420.00 CITY OF CARLSBAD 2075 Las Palmas Dr., Carlsbad, CA 92009 (760) 438-1161 CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (C Q Administrative Permit - 2nd Dwelling Unit Q] Administrative Variance Ixl Coastal Development Permit Q Conditional Use Permit |x] Condominium Permit |_1 Environmental Impact Assessment f~1 General Plan Amendment n Hillside Development Permit Q Local Coastal Plan Amendment Q Master Plan O Non-Residential Planned Development Q Planned Development Permit HECK BOXES) (FOR DEPARTMENT USE ONLY) CDP 97-55 CP 98-09 Q Planned Industrial Permit n Planning Commission Determination [ | Precise Development Plan n Redevelopment Permit I | Site Development Plan I | Special Use Permit CU Specific Plan [3 Tcntotivo Parcel Mop Obtain from Engineering Department 0" Tentative Tract Map D Variance Q Zone Change I 1 List other applications not specified (FOR DEPARTMENT USE ONLY) CT 97-22 2) 3) 4) ASSESSOR PARCEL NO(S).: PROJECT NAME: 214-150-18 Planning Area 8; Poinsettia Properties Specific Plan BRIEF DESCRIPTION OF PROJECT: Tentative Map, Coastal Development Permit and Condominium Permit for 112 residential units 5) OWNER NAME (Print or Type) Shea Homes Limited Partnership MAILING ADDRESS 10721 Treena Street, Suite 200 CITY AND STATE ZIP TELEPHONE San Diego, CA 92131 (619)549-3156 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY SIGNATURE /*«*$ DATE 6) APPLICANT NAME (Print or Type) Shea Homes Limited Partnership MAILING ADDRESS 10721 Treena Street, Suite 200 CITY AND STATE ZIP TELEPHONE San Diego, CA 92131 (619)549-3156 I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE CORRECT TO THE BEST OF MY KNOWLEDGE. THE AND SIGNATURE V DATE 7) BRIEF LEGAL DESCRIPTION Portions of Lot 3 and the North 1/3 of Lot 4 of Section 9, Township 12 South, Range 4 West, San Bernadino Meridian, City of Carlsbad- NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 1 6 PAGE 1 OF 2 8) LOCATION OF PROJECT:N/A ON THE BETWEEN South STREET ADDRESS SIDE OF Poinsettia Lane (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) Carlsbad Blvd.AND AT.& SF Railway (NAME OF STREET)(NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 22 13) TYPE OF SUBDIVISION 16} PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24)IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE ^7 JlL^^iA SIGNATURE \ FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED TC DX ITAL FEE REQUIRED *>TE FEE PAID DATE STAMP APPLICATION RECEIVED RECEIVED BY: RECEIPT NO. Form 16 PAGE 2 OF 2 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Planning Area 8: Poinsettia Properties Specific Plan APPLICANT NAME: Shea 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: Request for a Tentative Map, Condominium Permit and Coastal Development Permit for Planning Area 8 of the Poinsettia Properties Specific Plan. The proposed Tentative Map will allow for the subdivision of one parcel into 4 lots to include 1 lot for 112 single-family units, open space areas and an RV storage area; 2 open space lots; antH^sannSSislsist-on 17.8 acres. Planning Area 8 is located within the Poinsettia Properties Specific Plan and Local Facilities Management Plan Zone 22 as depicted on the attached Location Map. A variety of existing and future land uses are adjacent to Planning Area 8. Existing land uses include Carlsbad Boulevard and Poinsettia Lane, South Carlsbad State Beach, the Lakeshore Gardens Mobile Home Park and the railroad right-of-way. The Specific Plan goal for Planning Area 8 is to provide medium-high density, market rate units. This area will provide an attractive alternative for many professionals that enjoy the North County beach oriented lifestyle, yet work in San Diego. Residents of this Planning Area will be able to bicycle or walk to the transit station on safe pedestrian/bike trails and secure their bikes in the lockers provided at the station. The product proposed by Shea Homes is as follows: Plan 1 is 1,880 square feet with a building height of 25.0 feet; Plan 2 is 2,033 square feet with a building height of 26.0 feet; Plan 3 is 2,100 square feet with a building height of 25.5 feet. Plan 4 is 2,330 square feet with a building height of 26.0 feet. All of the homes will include front porches and two car garages. Rev. 4/91 ProjDesc.frm CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (C O Administrative Permit - 2nd Dwelling Unit I | Administrative Variance [xl Coastal Development Permit Q Conditional Use Permit O Condominium Permit [%! Environmental Impact Assessment I | General Plan Amendment Q Hillside Development Permit [U Local Coastal Plan Amendment |~) Master Plan C3 Non-Residential Planned Development |x] Planned Development Permit HECK BOXES) (FOR DEPARTMENT USE ONLY) CDP 97-55 Cf°-<f8-0<\ PwCV r*np %•? — 1~ft" ( 1 Planned Industrial Permit [~| Planning Commission Determination Ql Precise Development Plan O Redevelopment Permit O Site Development Plan (U Special Use Permit Q Specific Plan 1 | Tentative Parcel Map Obtain from Engineering Department [xl Tentative Tract Map CD Variance O Zone Change [_\ List other applications not specified (FOR DEPARTMENT USE ONLY) GT 97-22 2) 3) 4) ASSESSOR PARCEL NO(S).: PROJECT NAME: 214-150-18 Planning Area 8; Poinsettia Properties Specific Plan BRIEF DESCRIPTION OF PROJECT: Tentative Map, Coastal Development Permit & Planned Development Permit for 112 res. units 5) OWNER NAME (Print or Type) Poinsettia Investors, LLC MAILING ADDRESS 2198 E. Camelback Rd. , Suite 325 CITY AND STATE ZIP Phoenix, AZ 85016 (602) I CERTIFY THAT I AM THE LEGAL OWNER AND INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. SIGNATURE TELEPHONE 381-0383 THAT ALL THE ABOVE THE BEST OF MY DATE 6) APPLICANT NAME (Print or Type) UDC Homes, Inc. MAILING ADDRESS 11512 El Camino Real, Suite 110 CITY AND STATE ZIP TELEPHONE San Dieao, CA 92130 (619) 794-35C I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. (SIGNATURE ' DATE )0 7) BRIEF LEGAL DESCRIPTION Portions of Lot 3 and the North 1/3 of Lot 4 of Section 9, Township 12 South, Range 4 West, San Bernardino Meridian, City of Carlsbad NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1 OF 2 \i 8)LOCATION OF PROJECT: ON THE BETWEEN south STREET ADDRESS SIDE OF Poinsettia Lane (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) I Carlsbad Blvd.AND AT & SF Railway (NAME OF STREET)(NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 22 1 3) TYPE OF SUBDIVISION 1 6) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED CDP 97-55 EIA PUD 97-18 CT 97-22 Noticinq PFF $4690.00 220.00 11022.00 9325.00 500.00 50.00 TOTAL FEE REQUIRED RECEIVED BY: $25.807.00 DATE FEE PAID 12/17/97 RECEIPT NO. Form 16 PAGE 2 OF 2 Hofman Planning Associates Planning Project Management Fiscal Analysis MEMORANDUM DATE: June 15, 1998 TO: Dee Landers FROM: Stuart Fisk SUBJECT: Title Report for Planning Area 8 of the Poinsettia Properties Specific Plan I recently discussed the Title Report for Planning Area 8 of the Poinsettia Properties Specific Plan with you and we had determined that a new Title Report would not be necessary when we submit the new Disclosures Statement form and revised Public Facilities Fee Agreement. I later discovered that the ownership of Parcels B and C has changed. Poinsettia Investors, LLC, is currently the owner of these properties, rather than HSL/BP/Michan L.P. (as shown on the previous Preliminary Title Report). Attached is the final Owner's Policy, dated February 12, 1998, from Fidelity National Title showing Poinsettia Investors, LLC, as the owner. We have not been able to locate a Preliminary Title Report showing Poinsettia Investors as the owner and have been informed by Fidelity that the account has been closed (therefore, they will not fax a copy to me unless the account is opened again). Fidelity informed me that the final Owner's Report has higher legal standing than a preliminary title report anyway and that the attached document should contain all of the information the City requires. We believe the attached Owner's Policy does provide the information needed to accompany the new Disclosure Statement form and revised Public Facilities Fee Agreement. Please review the policy and let us know if it will satisfy the City's requirements. 2386 Faraday Avenue ° Suite 120 ° Carlsbad ° CA 92008 » (619)438-1465 • Fax: (619)438-2443 06/19/1993 16:18 760-776-4921 CORAL MTN DEV LLC PAGE 02 SCHEDULE A Order Number: 97034952 Policy No.: 27-031-924830 Amount of Insurance: $ 16,000,000.00 Premium Amount: $10,178.22 Date of Policy: February 12, 1998 at 04:03 p.m. 1. Name of Insured: Poinsettla Investors, LLC, a Dataware limited liability company 2. The estate or interest in the land described herein and which is covered by this policy is: A Fee 3. Title to the estate or Interest in the land is vested in: Poinsettia Investors, LLC, a Delaware limited liability company 4. The land referred to in this policy is situated in the City of Carlsbad, County of San Diego, State of California, and is described as follows: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED 1 06/13/1993 16:13 768-776-4921 CORAL MTN DEV LLC PAGE 03 ALTA Owner's Policy - (10-17-92) Order No. 97034952 Policy No. 27-031 -92 4830 EXHIBIT "ONE" Parcel A: Those portions of Lot 3 and the North one-third of Lot 4 in Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, being described as follows: Commencing at the Northeast corner of Section 29, Township 12 South, Range 4 West, as shown on Map No. 7476, filed in the Office of the County Recorder of said County; thence along the East section line of said Section 29 South 0*38'14" West 4474.95 to a point on the Southerly line of the North one-third on said Lot 4; thence along said Southerly line North 89° 10'16" West 144,42 feet to the True Point of Beginning, said point also being on the Southwesterly right-of-way line of a 200.00 foot right-of-way of the Atchison, Topeka and Santa Fe Railroad; thence continuing along said Southerly line North 89° 10' 16" West 565.1 2 feet to a point on the Easterly right-of-way line of the State Highway as described in Parcel 5A of Final Order of Condemnation in Superior Court of San Olego County, Case No. 165983, a copy of which being recorded April 23, 1952 in Book 4444, Page 395 of Official Records in the Office of the County Recorder in said County; thence along said Easterly right-of-way line North 19°09'02" West, 1419.28 feet to a point on the Southern right-of-way line of the 102,00 foot wide road known as Poinsettia Lane as described in Parcel 1 in deed to the City of Carlsbad recorded August 21, 1974 as Document No. 74-227601 of Official Records; thence along said right-of-way line North 76°56'55' East 498-07 feet to a point on said Southwesterly right-of-way line of said railroad; thence along said Southwesterly right-of-way line South 20°28'04" East 1559.87 feet to the True Point of Beginning. Excepting therefrom all oil, and mineral rights below 500 feet without right of surface entry as reserved by A.L. Shipley, Jr., Conservator of the Estate of George H. Capron in Deed recorded June 30, 1969 as File No. 116905 and re-recorded July 23, 1969 as File No. 132460 both of Official Records. Parcel B: Those portions of Lots 2 and 3 and the East Half of Northeast Quarter in Section 29, Township 1 2 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, described as follows: Commencing at the Northeast comer of said Section 29 as shown on Map No. 7476, filed in the Office of the County Recorder in said County; thence along the East Section line of said Section 29 South 0°38'14" West 1359.80 feet to a point on the prolongation of the North boundary line of said Lot 2; thence along said prolongation North 89g27'20" West 1345.52 feet to a point on the Southwesterly right-of-way line of a 200.00 foot right-of-way of the Atchison Topeka and Santa Fe Railroad, said point also being the True Point of Beginning; thence along said right-of-way line South 20°28'04" East 1673.44 feet to a point on the Northerly right-of-way line of the 102.00 foot wide road known as Poinsettia Lane, as described in Percel 1 in deed to the City of Carlsbad recorded August 21, 1974 as Document No. 74-227600 of Official Records; thence along said Northerly right-of-way line South 76°56'54n West 495.69 feet to a point on the Easterly right-of-way line of the State Highway as described in Parcel 5A of Final Order of Condemnation in Superior Court of San Diego County, Case No. 165983, a copy of which being recorded April 23, 1952 ir> Book 4444, Page 395 in the Office of 06/19/1938 16:18 760-776-4921 CORAL MTN DEV LLC PAGE 04 ALTA Owner's Policy • (10-1 7-92) Order No. 97034952 Policy No. 27-031-92 4830 the County Recorder in said County; thence along said Easterly right-of-way line North I9e09'02" West 1652.37 feet to the beginning of a tangent 19,846.00 foot radius curve concave Easterly; thence Northerly along the arc of said curve through a central angle of 00°22'36", a distance of 1 30.47 feet to a point on said North boundary line of said Lot 2; thence along said boundary line South 89°27'20" East 482,20 feet to the True Point of Beginning. Excepting therefrom all oil, and mineral rights below 500 feet without right of surface entry as reserved by A.L. Shipley. Jr. Conservator of the Estate of George H. Capron in Deed recorded June 30, 1959 as File No. 116905 and re-recorded July 23. 1969 as File No. 132460, both of Official Records. Assessors Parcel No: 214-150-17 and 214-150-18 06/13/199B 16:18 760-776-4921 CORAL MTN DEV LLC PAGE 85 ALTA Owner's Policy • (10-17-92) Order No. 97034952 Policy No. 27-031-92 4830 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 1998-1999. 2. The lien of supplemental taxes, if any, assessed only as a result of the transfer of title to the vestee named in Schedule "A* pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. 3. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: San Diego Gas and Electric Company Purpose: Public utilities Recorded: January 17, 1917, Book 723, Page 481, of Deeds Affects: As shown in said document. Said matter affects Parcel B. Reference is made to said document for full particulars. 4. EasementU) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: San Diego Gas and Electric Company Purpose: Public utilities Recorded: June 24, 1918, Book 760, Page 144, of Deeds Affects: As shown in said document. Said matter affects Parcel A. Reference is made to said document for full particulars. 06/13/1993 16:18 760-776-4921 CORAL MTN DEV LLC PAGE 06 ALTA Owner's Policy - <10-17-92) Order No. 97034952 Policy No. 27-031-924830 5. The fact that the ownership of said land does not include rights of access to or from the street, highway, or freeway abutting said land, such rights having been relinquished by the document, Recorded: April 23, 1952, Book 4444, Page 395, of Official Records Affects: Carlsbad Boulevard adjoining said Parcel A. 6. The fact that the ownership of said land does not include rights of access to or from the street, highway, or freeway abutting said land, such rights having been relinquished by the document, Recorded; July 18, 1963, Instrument/File No. 125935, of Official Records Affects: Carlsbad Boulevard adjoining said Parcel B. 7. Easementts) for the purqose(s) shown below and rights incidental thereto as granted in a document. Granted to: the City of Carlsbad Purpose: storm drain Recorded: June 10, 1974, Instrument/File No. 74-152824, of Official Records Affects: as shown in said document Said matter affects Parcel B. Reference is made to said document for full particulars. 8. Easement(s) for the purposes) shown below and rights incidental thereto as granted in a document. Granted to: The City of Carlsbad Purpose: slope purposes Recorded: August 21. 1974, Instrument/File No. 74-227600, of Official Records Affects: as shown in said document Said matter affects Parcel B. Reference is made to said document for full particulars. 06/19/1393 16:18 763-776-4921 CORAL MTN DEV LLC PAGE ALT A Owner's Policy - (10-17-92) Order No. 97034952 Policy No. 27-031-92 4830 9. Eoseinent(s) for tha purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: the City of Carlsbad, a municipal corporation Purpose: Slope together with the rights of repairing and maintenance of said slopes Recorded: August 21, 1974, Instrument/File No. 74-227601. of Official Records Affects: As shown in said document. Said matter affects Parcel A. Reference is made to said document for full particulars. 10. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: City of Carlsbad Purpose: public roadway and appurtenant Recorded: May 18, 1984. Instrument/file No. 84-186516, of Official Records Affects: as set forth in said document Said matter affects Parcel A, Reference is made to said document for full particulars. 11. Matters contained in that certain document entitled "Agreement Between Developer-Owner and the City of Carlsbad for the Payment of a Public Facilities Fee" dated June 9, 1989, executed by and between The Lusk Company and the City of Carlsbad, a municipal corporation, recorded September 1, 1989, Instrument/File No. 89-474552, of Official Records. Reference is hereby made to said document for full particulars. Said matter affects Parcels A and B. 06/13/1999 16:18 760-776-4921 CORAL MTN DEV LLC PAGE 08 ALTA Owner's Policy - (10-17-92) Order No. 97034952 Policy No. 27-031-92 4830 12. The herein described property lies within the boundaries of a Mello-Roos Community Facilities District ("CFD"), as follows: CFD No.: 1 For: the City of Carlsbad, Community Facilities District No. 1 Disclosed by: Notice of Special Tax Lien Recorded: May 20, 1991, Instrument/File No. 1991-0236959, of Official Records This property, along with all other parcels in the CFD, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the County of San Diego. The tax may not be prepaid. Further information may be obtained by contacting: Said District Said matter affects Parcels A and B and other property. 13. Record of Survey No. 13326, which purports to set out various boundaries and dimensions of said land. Said matter affects Parcels A and B. 14. Matters contained in that certain document entitled "Memorandum of Option" dated December 2, 1994. executed by and between HSL/BP/Michan I. P., a California Limited Partnership ("Optionor") and Magellan Property Corporation, an Arizona Corporation ("Optionee"), recorded December 29, 1994, Instrument/File No. 1994-0739390, of Official Records. Reference is hereby made to said document for full particulars. As amended by that certain First Amendment to Memorandum of Option and Release of Remainder Property dated January 26, 1998 and recorded February 12, 1998 as Instrument/File No. 1998-0075724 of Official Records. Reference is made to said document for full particulars. 15. Matters contained in that certain document entitled "Agreement Between Developer-Owner and the City of Carlsbad for the Payment of a Public Facilities Fee for outside the Boundaries of Community Facilities District No. 1" dated August 17, 1995, executed by and between HSL/BP/Michan L. P. and the City of Carlsbad, a municipal corporation, recorded October 18, 1995, Instrument/File No. 1995-0469812, of Official Records. Reference is hereby made to said document for full particulars. 06/13/1993 16:18 760-778-4921 CORAL MTN DEV LLC PAGE 89 ALTA Owner's Policy - (10-17-92) Order No. 97034952 Policy No. 27-031-92 4830 Said matter affects Parcels A and B, and other property. 16. Matters contained in that certain document entitled "Agreement Between Developer-Owner and the City of Carlsbad for the Payment of a Public Facilities Fee for inside the Boundaries of Community Facilities District No. 1" dated April 8, 1998. executed by and between HSL/BP/Michan, I. P. and the City of Carlsbad, a municipal corporation, recorded July 1 2, 1996, Instrument/File No. 1996-0351884, of Official Records. Reference is hereby made to said document for full particulars. Said matter affects Parcel A and B, and other property, 17. Any fects, rights, interests, or claims which may exist or arise by reason of the following facts disclosed by survey. Job No. 95-1004, dated July 1997 and as amended January 27, 1998 prepared by O'Day Consultants. The fact that railroad signs exist within the Easterly boundary of the Northerly parcel described herein. 18. Matters contained in that certain document entitled "Memorandum of Post Closing Agreement" dated February 10. 1998, executed by and between HSL/BP/Michan, L.P., a California limited partnership and Magellan Property Corporation, an Arizona corporation, recorded February 12, 1998, Instrument/File No. 1998-0075725, of Official Records. Reference is hereby made to said document for full particulars. 19. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: §9.644,000,00 Dated: February 12. 1998 Trustor: Poinsettia Investors, LLC, a Delaware limited liability company Trustee: Fidelity National Title Insurance Company, a California corporation Beneficiary: Bank One, Arizona. NA, a national banking association Address: P.O. Box 29542 Phoenix, AZ 85038 Loan No.: Recorded: February 12. 1998, Instrument/File No. 1998-0075727, of Official Records 8 06/13/1393 16:18 760-776-4921 CORAL MTN DEV LLC PAGE 18 ALTA Owner's Policy - (10-17-92) Order No. 97034952 Policy No. 27-031-92 4830 20. Matters contained in that certain document entitled "Attornment and Subordination Agreement" dated February 12, 1998, executed by and between Bank One, Arizona, NA, a national banking association, UDC Homes, Inc., a Delaware corporation and Poinsettia Investors. LLC,. a Delaware limited liability company, recorded February 12, 1998, instrument/File No. 1998-0075728, of Official Records. Reference is hereby made to said document for full particulars. 16:18 760-776-4921 CORAL MTN DEV LLC PAGE ^^ uraar IMO,: ENDORSEMENT Attached to Policy No. 27-031-924830 Issued by Fidelity National Title Company The Company hereby assures the insured that the land abuts upon a physically open street known as Poinsettia Lane The Company hereby insures the insured against loss which the insured shall sustain in the event the assurance herein shall prove to be incorrect. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Dated: February 12, 1998 Fidelity National Title INSURANCE COMPANY Coumir»ign«d CLTA Form 103.7 [Rev. 9-10-93) ALTA or CLTA - Owner or Lender 06/19/1998 16:18 760-776-4921 CORAL MTN DEV LLC PAGE 1 Order No.; 97034952 ENDORSEMENT Attached to Policy No. 27-031*924830 Issued by Fidelity National Title Company Said Policy is hereby amended by deleting paragraph 4 of the exclusions from coverage and paragraph 14 of the conditions and stipulations. The total liability of the Company under said policy and any endorsement therein shall not exceed, in the aggregate, the face amount of said policy and costs which the company is obligated under the conditions and stipulations thereof to pay. This endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. This endorsement is not to be construed as insuring the title to said estate or interest as of any later date of said policy, except herein expressly provided as to the subject matter hereof. Dated: February 12, 1998 Fidelity National Title IMSURANCS COMPANY Counwraignid 110.1 (Modified) CLTA Form (G.S.) Rev. 8-31-65 ALTA Lender Encumbrance or Exception deleted 16: 19 760-.76-4921 CORAL MTN DEV LLC PAGE 13 ^^ uraer NO.: ENDORSEMENT " Attached to Policy No. 27-031-924830 Issued by Fidelity National Title Company The Company assures the insured that the land is the same as that delineated on the plat of a survey made by O'Day Consultants dated July 1 997 and as amended on January 27, 1998, designated Job No. 95-1004, which is attached hereto and made a part hereof. The Company hereby insures the insured against loss which the insured shall sustain in the event that the assurance herein shall prove to be incorrect. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof, Dated: February 12, 1998 Fidelity National Title INSURANCE COMPANV CLTA Form 118.1 (Rev. 9-10-93) ALTA or CLTA - Owner r V CITY OF CARLSBAD 1200 CARLSBAD viLLAGE DRIVE CARLSBAD, CALIFORNIA 92008 434-2867 REC'D FROM (' / )Y' ^-J/Vu/;). \..h\f DATE ACCOUNT NO. ru/J- RECEIPT NO! 19383 DESCRIPTION O&P cn^6 /f ^ pub 0 7~ .V ^_ C£ _£2 -'^ -^ nMta^ ^ NOT VALID UNLESS VALIDATED BY TOTAL CASH REGISTER AMOUNT .', : • /, J ~ €^"Ff^1T /-->, -j2§00 '«GiX Q — ImrP 1200 ^ REC'D FROM CITY OF CARLSBAD SLLAGE DRIVE CARLSBAD, C JFORNIA 92008 434-2867 DATE ACCOUNT NO. i "7- / • ' ' 55 9 ^ RECEIPT NO. §6140 \JS Printed on recycled paper. DESCRIPTION • fi| ^LL_JJ ; i : 1 } 4 C t ^ h /l I ^-^2590 '-38/04/95, * ' faf *• ' L, * ' '" ' ^* * ,. 2590 08/04/99 NOT VALID UNLESS VALIDATED BY TOTAL CASH REGISTER AMOUNT ''' ' "a 0001 i/j 4£rMOID / 1 ^t;?13- 0001 01 os Hisc 913; '; Cf/7^ T! A AGREEMENT TO EXTEND TIME LIMITS TO ALLOW REVIEW OF THE LAND USE ELEMENT OF THE GENERAL PLAN In a desire to assist the City of Carlsbad to expeditiously review the Land Use Element of the General Plan and to ensure full and adequate review of the application for this development project the undersigned agrees that the time limits imposed by law to approve or disapprove this application shall be extended. If a negative declaration is adopted for this project the undersigned agrees that the time period for approval or disapproval is extended for 90 days. If the project requires an environmental impact report the undersigned agrees that the time limit imposed by Section 21151.5 of the Public Resources Code is extended for six months and that the project shall be approved or disapproved within 90 days after the certification of the environmental impact report. The undersigned understands that the City will process this application according to City Council Resolution No. 7872 and consents to processing the application according to that resolution. Signature of Applicant or bate Authorized Agent T._ Name (print ) Title (Applicant, Authorized Agent, etc. ) APPROVED: Michael J. Holzmiller Land Use Planning Manager Qfltv of Cafrlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board. Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Signed by: Jon Werner for Person Com/Part UDC Homes, Inc. Title Title Vice & Division President Address Address 11512 El Camino Real, Ste. 110 San Diego, CA 92130 2. OWNER (N ot the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e. partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Signed by: Leslie S. Litwin Poinsettia Investors, LLC Person Corp/Part Title Title Manager Address Address 2198 E. Camelback Rd., Ste. 325 Phoenix, AZ 85016 — SEE ATTACHED SHEETS FOR ADDITIONAL OWNERSHIP INFORMATION/SIGNATURES — 2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1 576 - (76O) 438-1161 • FAX (76O) 438-O894 NON-PROFIT ORGANIZATION OR TRUST W If any person identified pursuant to (1) or (2) above is ajionprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. NANon Profit/Trust Title NA Non Profit/Trust, Title Address Address Have you had more than $250 worth of business transacted with any member of City staff. Boards. Commissions. Committees and/or Council within the past twelve (12) months? Yes If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. 1 certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Sief [applicant/date Print or type name of owner~ Jon Werner Print or type name of applicant UDC Homes, Inc. Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:A.DMIN.COUi'JTE= DISCLOSURE STATEMENT Page 2 of 2 CERTIFICATE OF INCUMBENCY I, James J. Grogan, the duly elected, qualified and acting Secretary of UDC Homes, Inc., a Delaware corporation (the "Corporation"), do hereby certify that each person listed below holds the office in the Corporation indicated opposite his or her name on the date hereof: NAME OFFICE Jon B. Werner Vice President and Division President (San Diego Division) IN WITNESS WHEREOF, I have hereunto set my hand this / I/ day of February, 1998. SIGNING AUTHORIZATION The entity, Poinsettia Investors L.L.C. which owns Planning Area 1,7 and 8 of the Poinsettia Properties Specific Plan, hereby authorize Leslie S. Litwin, on behalf of the owner to sign the following documents: Disclosure Statement Land Use Review Application Public Facilities Fee Agreement IN WITNESS WHEREOF, this Authorization is hereby executed this if day of July, 1998, by all members of owner. CARLSBAD: CARLSBAD LAND, INC^a-^elaware corporation By: Title: Assistant Secretary MAGELLAN: MAGELLAN POINSETTIA, L.L.C., a Delaware limited liability compan} By: KINGSTON CAPITAL CO. L.L.C., an Arizona )ility company By:_ Name: Djallid C. Dewar Title: Marllger By: THE LITWIN GROUP, L.L.C., an Arizona limited liability^company By:. Name: Leslie S. Liwin Title: Manager By: GRAYSTAR INVESTMENTS, L.L.C., an Arizona limited liability company By: Name: Kenneth K. Losch Title: Manager 07/01/98 14:01 •JJB025088852 MAGELLAN CORP.81002/002 SIGNING AUTHORIZATION The entity, Poinsettia Investors LJ..C. which owns Planning Area 1,7 and 8 of the Poinsettia Properties Specific Plan, hereby authorize Leslie S. Litwin, on behalf of the owner to sign the following documents: Disclosure Statement Land Use Review Application Public Facilities Fee Agreement * IN WITNESS WHEREOF, this Authorization is hereby execuied this if day of July. 1998. by all members of owner. CARLSBAD: " '•' " CARLSBAD LAND, INC^a-Belawarc corporation MAGFZLAN POINSETTIA, L.L.C, a Delaware limited liability i By: KINGSTON CAPITAL CO. L.L.C., an Arizona pility company By: By:. Name: I Title:! C. Dcwar ;cr By: THE LITWTN GROUP, LX.C., an Arizona limited liability^company By:. Name: Leslie S. Li win Title: Manager GRAYSTAR limited i, L.L.C., an Arizona By: NVI-THSVW = woad az : 3 i