Loading...
HomeMy WebLinkAboutCT 98-06; Poinsettia Shores - PA C; Tentative Map (CT) (3)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (C Q Administrative Permit - 2nd Dwelling Unit Q] Administrative Variance (x] Coastal Development Permit Q Conditional Use Permit (xl Condominium Permit s* /")cp Ix] Environmental Impact Assessment [~] General Plan Amendment JX] Hillside Development Permit [~| Local Coastal Plan Amendment n Master Plan |~] Non-Residential Planned Development [H Planned Development Permit HECK BOXES) (FOR DEPARTMENT USE ONLY) CP/> W3V ?0-5~ ri-wie-v \ ] Planned Industrial Permit Q Planning Commission Determination Q Precise Development Plan I | Redevelopment Permit f~] Site Development Plan | | Special Use Permit I | Specific Plan I | Tentative Parcel Mop Obtain from Engineering Department [X] Tentative Tract Map I [ Variance |~| Zone Change Q List other applications not specified (FOR DEPARTMENT USE ONLY) ZTW-6 2) 3) 4) ASSESSOR PARCEL NO(S).: PROJECT NAME: 216-140-30 & 31 Planning Area C; Poinsettia Shores Master Plan BRIEF DESCRIPTION OF PROJECT: 56 duplex units 5) OWNER NAME (Print or Type) Area C Homebuilding Partners, L.P. MAILING ADDRESS 4141 Jutland Drive, Suite 200 CITY AND STATE ZIP TELEPHONE San Diego, CA 92117 (619) 490-6903 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ''^^Qp^^ 1 /V-23/77 — SIGNATURE l / DATE , C 6) APPLICANT NAME (Print or Type) Area C Homebuilding Partners, L.P. MAILING ADDRESS 4141 Jutland Drive, Suite 200 CITY AND STATE ZIP TELEPHONE San Diego, CA 92117 (619) 490-6903 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. ^===jj-^~^-^f /<A/*y?7 "SIGNATURE / DATE 7) BRIEF LEGAL DESCRIPTION Portions of Lots 1 & 2 of Map No. 13653, City of Carlsbad. County of San Diego, State of California. 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 8) LOCATION OF PROJECT: 1EET ^D ON THE BETWEEN south STREET ,^>DRESS SIDE OF I Avenida Encinas (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) Windrose Circle AND Interstate 5 (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 1 3) TYPE OF SUBDIVISION 1 6) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 1 9) 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 (NAME OF STREET) 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 cp TOTAL FEE REQUIRED FEE REQUIRED \ .£,10 - DATE STAMP APPLICATION RECEIVED RECEiyEO BY: , , DATE FEE PAID 0-RECEIPT NO. Form 16 PAGE 2 OF 2 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 434-2867 REC'D FROM v.fc* J P * A * A*J. *.- *DATE ACCOUNT NO. ;rV^nu:r - -- " ~. — •"•--•< "*•- • - - ' - - RECEIPT NO. v DESCRIPTION f¥ #£rtv 7/iv?^/^^ "_ 4710 ~~ - ~ « " - -' - ' /' '. -' -, -'.'•' - f NOT VALID UNLESS VALIDATED BY TOTAL AMOUNT 'Zrt 42-- WOi 01 02 - " - ' _- /£').&£. 5? Printed on recycled paper. -CASH REGISTER CITY OF CARLSBAD! 1200 CARLSBAD ILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 •--:' :-: ...£•..-;"'.;, '-. • 434-2867 - -./•, / - ;;: T ;^' 1 REC'Q FROM ACCOUNT NO.DESCRIPTION AMOUNT RECEIPT NO. @ Printed on recycled paper. NOT VALID UNLESS VALIDATED BY CASH REGISTER TOTAL PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Planning Area C: Poinsettia Shores Master Plan APPLICANT NAME: Area C Homebuildina Partners. L.P. Please describe fully the proposed project by application type. 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: The proposed project includes the processing of a Tentative Map, Condominium Permit, Coastal Development Permit and Hillside Development Permit for Planning Area C of the Poinsettia Shores Master Plan. The proposed Tentative Map will allow for the subdivision of two parcels into a total of 31 lots to include 28 residential duplex lots (for 56 units), 2 open space lots, and 1 private street lot on 11.2 acres. A Condominium Permit is required because each residential lot will not be individually owned, but will be owned in commen by both units on the duplex lot. Planning Area C is located within the Poinsettia Shores Master Plan and Local Facilities Management Plan Zone 9 as depicted on the attached Location Map. Existing nearby land uses include Interstate 5, Windrose Circle and Avenida Encinas, single-family and multi-family homes, the Batiquitos Lagoon and open space, and the Lakeshore Gardens Mobile Home Park. The project has been mass graded as part of the mass grading for the Poinsettia Shores Master Plan. The Master Tentative Map for the Poinsettia Shores Master Plan requires that a Hillside Development Permit be processed with this application. The project will involve 23,250 cubic yards of cut, 49,750 cubic yards of fill and 26,500 cubic yards of import. The grading is therefore acceptable under the Hillside Development Permit Ordinance since it involves less than 7,999 cubic yards per acre. The project is located within the Coastal Zone and will therefore require a Coastal Development Permit. The city has established an implementing ordinance to authorize its control over the approval of Coastal Development Permits. The Coastal Development Permit for the project will therefore be processed by the City of Carlsbad. The streets will be private with a security gate at the main entrance from Windrose Circle. An exit only access gate will be provided from Navigator Circle. This access will allow for one-way exiting by the future residents of Planning Area C. The duplex product proposed for Planning Area C is as follows: Plan 1 is 1,874 square feet with a building height of 29.5 feet; Plan 2 is 2,061 square feet with a building height of 29.5 feet; Plan 3 is 2,250 square feet with a building height of 29.5 feet. The duplex units will be a combination of a Plan 1 with a Plan 3 and a Plan 2 with a Plan 3. All of the homes will include two car garages. Rev. 10/96 Page 1 of 1 City of Carlsbad Planning Department DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OR CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE (Please Print) The following information must be disclosed: 1. 4. Applicant List the names and addresses of all persons having a financial interest in the application. Area C Homebuildinq Partners. L.P. 4141 Jutland Drive, Suite 200 San Dieao. CA 92117 Owner List the names and addressees of all person having any ownership interest in the property involved. Area C Homebuilding Parhnp-i-s r L.P. 4141 Jutland Dri vo f Sni^ 200 San Diego, CA 92117 If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. DISCLOS.FRM 2/96 PAGE 1 of 2 2O75 Las Palmas Drive • Carlsbad. California 92OO9-1576 • (619) 438-1 161 (Over) Disclosure Statement Page 2 5. Have you had more than $250.00 worth of business transacted with any member of City staff. Boards, Commissions. Committees and Council within the past twelve months? Yes No V If yes, please indicate person(s) Person is defined as "Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary) Signature of Owner/date / Signature of applicant/date Print or type name of owner Print or type name of applicant DISCLOS.FRM 2/96 PAGE 1 of 2 DISCLOSURE STATEMENT ADDENDUM SHEET 3. If any persons identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Area C Homebuilding Partners. L.P. Richard Gabriel 4141 Jutland Drive. Suite 200 6852 Paseo Lardeo San Diego. CA 92117 La Jolla. CA 92037 Colin Seid 3392 Bavside Walk San Diego. CA 92109 Fora No. 1068-1 (Rev. 10/17/92) SxhihU A to preliminary Report Preliminary Report First American Title Insurance Company RDER NO. 1173012-22 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 January 21, 1998 COLRICH COMMUNITIES 4141 JUTLAND DR. £200 SAN DIEGO, CA 92117 ATTN: HILL CARSON YOUR RZ?: AREA C OUR ORDER NO. 1173012-22 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO HE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIHING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY HE SUSTAINED HY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD 3E READ'. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED -SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. SATED AS OF JANUARY 17, 1998 AT 7:30 A.M. MARTINS CARDIN-ALLEN - TITLE OFFICER DIRECT DIAL FHONS 231-4S64 FAX NO. 231-4S47 PAGE 1 ORDER NO. 1173012-22 TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: .j.iL- -0 SA_D :iS-A-r. Or. _N_—.EST A. THr, DATi HEREOF IS VESTED IN: AREA C HOMEBUILDING PARTNERS, L.P., A CALIFORNIA LIMITED FARTNERSHi; THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFSRRE! (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTEI EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE A; 1. SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEA? 1997-98, A LIEN NOT YET DELINQUENT. 2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSEI PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3 . SAID LAND LIES WITHIN THE BOUNDARIES OF SPECIAL TAX ASSESSMENT DISTRICT (S) CREATED BY A "COMMUNITY" FACILITIES DISTRICT" MAi RECORDED UNDER THE PROVISIONS OF THE MELLO-ROOS ACT-(STREETS ANI HIGHWAY CODE SECTION 3100, ET SEQ.) OF THE CALIFORNIA STATI LEGISLATURE. NOTE: UPON OFFICIAL FORMATION, POTENTIAL ADDITIONAL TAXES MAY El AUTHORIZED AND LEVIED BY THE DISTRICT WHICH MAY BE INCORPORATE! INTO THE REGULAR PROPERTY" TAX BILL AND MADE A PART OF THE GENERA! TAX COLLECTION PROCESS. PAGE 2 ORDER NO. 1173012-22 AN EASEMENT AND RIGHT 0? WAY 20 FEET IN WIDTH, IN, UPON, OVER, UNDER, AND ACH.OSS THE LANDS HEREINAFTER DESCRIBED, TO ERECT, CONSTRUCT, RECONSTRUCT, REPLACE, REPAIR, MAINTAIN AND USE A PIPELINES FOR ANY AND ALL PURPOSES, AS GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT BY DEED RECORDED NOVEMBER 6, 1958 IN BOOK 733S, PAGE 302 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: THE SOUTHERLY 20.00 FEET OF THE HEREIN DESCRIBED PROPERTY. GRANTOR AND THEIR SUCCESSORS IN ESTATE SHALL NOT ERECT OR CONSTRUCT, OR PERMIT TO BE ERECTED OR CONSTRUCTED, ANY BUILDING OR OTHER STRUCTURE, PLANT ANY TREE OR TREES, OR DRILL ANY WELL OR WELLS, WITHIN THE LIMITS OF SAID RIGHT OF WAY. GRANTEE SHALL HAVE THE RIGHT TO ERECT, MAINTAIN AND USE GATES IN ALL FENCES WHICH NOW CROSS OR SHALL HEREAFTER CROSS SAID ROUTE OR ROUTES, AND TO TRIM AND CUT AND CLEAR AWAY ANY TREES AND BRUSH WHENEVER IN ITS JUDGMENT THE SAME SHALL BE NECESSARY FOR THE CONVENIENT AND SAFE EXERCISE OF THE RIGHTS HEREBY GRANTED, THE RIGHT TO TRANSFER AND ASSIGN THIS EASEMENT IN WHOLE OR IN PART BEING HEREBY GRANTED TO THE GRANTEE. - GRANTOR AGREES THAT NO OTHER EASEMENT OR EASEMENTS SHALL BE GRANTED ON UNDER OR OVER STRIP OF LAND BY GRANTOR, WITHOUT THE PFvEVIOUS WRITTEN CONSENT OF GRANTEE. IT IS ALSO UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT THE GRANTOR AND THEIR SUCCESSORS OR ASSIGNS, SHALL NOT INCREASE OR DECREASE, OR PERMIT TO BE INCREASED OR DECREASED, THE EXISTING GROUND ELEVATIONS OF THE ABOVE DESCRIBED RIGHT OF WAY, EXISTING AT THE TIME THIS DOCUMENT IS EXECUTED, WITHOUT THE PREVIOUS WRITTEN CONSENT OF THE GRANTEE. AFFECTS PARCEL B. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES MOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM THE STATE FREEWAY, ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED BY DEED RECORDED MAY 5, 1361 AS FILE NO. 58512 OF OFFICIAL RECORDS. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM THE FREEWAY, ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED BY DEED RECORDED AUGUST 29, 19S1 AS FILE NO. 150325 OF OFFICIAL RECORDS. PAGE 3 ORDER NO. 1173012-22 AN EASEMENT AND RIGHT OF WAY 20 FEET IN WIDTH IN, UPON, OVER, UNDER AND ACROSS THE LANDS HEREINAFTER DESCRIBED, TO ERECT! CONSTRUCT, RECONSTRUCT, REPLACE, REPAIR, MAINTAIN AND USE A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES, TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCES INCLUDING BUT NOT LIMITED TO CONDUITS AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED AUGUST 29, 1961 AS FILE NO. 150326 OF OFFT ~r.- CSNTERLINE OF SAID EASEMENT OF RIGHT OF WAY IS PARTICULARLY DESCRIBED AS' FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 23; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER NORTH 33°20'39" WEST 341.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 32°51'39" WEST 1402.37 FEET TO A POINT BEING AT COORDINATES AFFECTS PARCEL B. AN EASEMENT FOR INGRESS AND EGRESS ON AND ACROSS, AND ALONG THE HEREIN DESCRIBED REAL PROPERTY FOR PERSONNEL AND EQUIPMENT AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, RECORDED MAY 3, 1374 AS FILE NO. 74-115353 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: A STRIP OF LAND 12.00 FEET IN WIDTH LYING SOUTHERLY OF AND CONTIGUOUS WITH THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 23; THENCE ALONG THE WESTERLY LINE OF SAID SECTION 28 NORTH 00°02'20" WEST, 6 51. 90 FEET TO THE NORTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 23; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTH HALF OF THE SOUTH HALF BEING THE SOUTHERLY LINE AND THE WESTERLY PROLONGATION OF SAID SOUTHERLY. LINE OF THAT LAND DESCRIBED IN DEED TO SEQUOIA PACIFIC REALCO, RECORDED MAY 29, 1S73 AS FILE NO. 73-14474S OF OFFICIAL RECORDS IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY SOUTH 89°57'45" EAST, 1136.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 83° 57'45" EAST A DISTANCE OF 907.38 FEET TO A. POINT ON THE WESTERLY LINE OF INTERSTATE ROUTE 5, A.S SAID ROUTE 5 WAS DEDICA.TED PER CONDEMNATION TO THE STATE OF CALIFORNIA., RECORDED JULY IS, 1963 AS FILE NO. 125335 OF OFFICIAL RECORDS. THE SOUTHERLY LINE OF SAID STRIP SMALL TERMINATE EASTERLY IN -SAID WESTERLY LINE OF INTERSTATE ROUTE 5. PAGE 4 RELEASE AND ORDER NO. 1173012-22 REFERENCE IS MADE TG SAID INSTRUMENT FOR FURTHER PARTICULARS. THE TERMS, COVENANTS, CONDITIONS AND PROVISIONS CONTAINED IN AN AGREEMENT BY AND BETWEEN GROUP VI,- A CALIFORNIA LIMITED PARTNERSHIP, SEA BLUFF ASSOCIATES, A CALIFORNIA JOINT VENTURE, CECIL A. SMITH, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, CARLSBAD CORNERS INCORPORATED, A CALIFORNIA CORPORATION AND R. c'. JEWETT COMPANY, A CALIFORNIA GENERAL PARTNERSHIP AND POINSETTIA INVESTMENT CO., INC., A CALIFORNIA CORPORATION, RECORDED NOTE: THE OPTION AGREEMENT REFERRED-TO IN SAID DOCUMENT HAS BEEN RELEASED UNDER THE TERMS AND CONDITIONS OF A MUTUAL SPECIFIC SETTLEMENT AGREEMENT DATED OCTOBER 14, 1991. MA? REFERRED TO IN THE LEGAL DESCRIPTION HEREIN CONTAINS VARIOUS RESTRICTIONS IN IMPROVING OR DEVELOPING THE PROPERTY HEREIN DESCRIBED. REFERENCE IS MADE TO SAID PARCEL MA? FOR FURTHER PARTICULARS. 11. A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY HAS BEEN RECORDED SEPTEMBER 20, 1935 AS FILE NO. 35-343563 OF OFFICIAL RECORDS. 12. COVENANTS, CONDITIONS AND RESTRICTIONS AS DISCLOSED BY DEED RESTRICTION EXECUTED BY THE CALIFORNIA COASTAL COMMISSION RECORDED SEPTEMBER 5, 1986 AS FILE NO. 35-339462 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 13. COVENANTS, CONDITIONS AND RESTRICTIONS AS DISCLOSED BY DEED RESTRICTION EXECUTED BY THE CALIFORNIA COASTAL COMMISSION, RECORDED SEPTEMBER 11, I9S6 AS FILE NO. S6-399394 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 14 . AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATION FACILITIES AND APPURTENANCES, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION, RECORDED FEBRUARY 25, 19S7 AS FILE NO. 87-099127 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND, INCLUDING ALL OF THE AREA LYING BETWEEN THE EXTERIOR SIDELINES, WHICH SIDELINES SHALL BE 3 FEET MEASURED AT RIGHT PAGE 5 ORDER NO. 1173012-22 ANGLES, ON EACH EXTERIOR SIDE OF EACH AND EVERY FACILITY INSTALLED. THE ROUTE OR LCCATICN OF SAID EASEMENT CANNOT BE DETERMINED FROM AN AGREEMENT REGARD-ING ?UBLIC FACILITIES FEE, DATED MARCH 22, 1538, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED 3Y"AND BETWEEN: 3ATIQUITOS BLUFF, A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF -CARLSBAD, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA. RECORDS. THE FACT THAT SAID LAND LIES WITHIN THE COMMUNITY FACILITIES, AS DISCLOSED BY INSTRUMENT RECORDED DECEMBER IS, 1990 AS FILE NO. 5J-OS74118 OF OFFICIAL RECORDS. REFERENCE IS MADE TC SAID INSTRUMENT FOR FURTHER PARTICULARS. A NOTICE OF SPECIAL TAX LIEN EXECUTED PURSUANT TO THE STREETS AND HIGHWAY CODE RECORDED MAY 20, 1991 AS FILE NO. 91-0236559 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. THE FACT THAT SAID LAND LIES WITHIN THE COMMUNITY FACILITIES DISTRICT NO. 2, AS DISCLOSED BY INSTRUMENT RECORDED OCTOBER 7, 1932 AS FILE NO. 1552-0637693 OF OFFICIAL RECORDS. AN AMENDED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2 RECORDED FEBRUARY 2, 1993 AS FILE NO. 1S93-Q066159 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. A SCHOOL FACILITIES FUNDING AND MITIGATION AGREEMENT DATED AUGUST 29, 1994, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: CARLSBAD UNIFIED SCHOOL DISTRICT AND KAIZA POINSETTIA CORPORATION, A CALIFORNIA CORPORATION. PAGE 6 ORDER NO. 1173012-22 RECORDED: SEPTEMBER 1, 1994 AS FILE NO. 1994-0525535 OF OFFICIAL REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AM AMENDMENT TO SAID SCHOOL FACILITIES FUNDING AND MITIGATION AGREEMENT, RECORDED MARCH 23, 1995 AS FILE NO. 1995-0120543 OF C FF ICIAL RE CORDS. 20. A SCHOOL FACILITIES FUNDING AND MITIGATION AGREEMENT DATED SEPTEMBER 30, 1994, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. AND SEA3LUFF ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP. RECORDED: OCTOBER 25, 1994 AS FILE NO. 1994-0526596 OF OFFICIAL MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 21. AM AGREEMENT REGARDING HOLD HARMLESS AGREEMENT DRAINAGE, DATED OCTOBER 17, 1994, UPON THE TERMS, COVENANTS, AND CONDITIONS ZCNTAINED THEREIN. EXECUTED BY AND BETWEEN: KAIZA PCINSETTIA CORPORATION, A CALIFORNIA CORPORATION AND THE RECORDED: NOVEMBER 21, 1954 AS FILE NO. 1994-0572251 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL A. AM AGREEMENT REGARDING HOLD HARMLESS AGREEMENT DRAINAGE, DATED OCTOBER 24, 1994, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: SEA SLUFF ASSOCIATES, A CALIFORNIA PARTNERSHIP AND THE CITY OF CARLSBAD. RECORDED: NOVEMBER 21, 1994 AS FILE NO. 1994-0572262 OF OFFICIAL- RECORDS . REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 7 ORDER NO. 1173012-22 AN INSTRUMENT ENTITLEI NOTICE OF RESTRICTION ON REAL PROPERTY OWNER NAME: KAIZA POINSETTIA CORPORATION RECORDED NOVEMBER 29" 1554 AS FILE NO. 1954-063633S OF OFFICIAL RECORDS. THE FACT THAT SAID LAND LIES WITHIN THE COMMUNITY FACILITIES DISTRICT NO. 3 OF CARLSBAD UNIFIED SCHOOL DISTRICT, AS DISCLOSED BY ANNEXATION MAP NO. 1, RECORDED MAY 16, 1935 AS FILE NO. 1S95- 0205176 AND AMENDED BY DOCUMENT RECORDED JUNE 16, 1995 AS FILE A NOTICE- OF SPECIAL TAX LIEN FOR THE ANNEXATION NO. 1 TO COMMUNITY FACILITIES DISTRICT NO. .3 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT, RECORDED JULY 27, 1995 AS FILE NO. 1995-0222259 OF OFFICIAL RECORDS. A MASTER1 COMMON AREA MAINTENANCE AGREEMENT DATED SEPTEMBER. 10 1996, UPON THE TERMS, COVENANTS, AND CONE ITIONS CONTAINED i"— • EXECUTED EY AND BETWEEN: KAIZA POINSETTIA CORPORATION, A CALIFORNIA CORPCRAT I ON, POINSETTIA HCMEBUILDING PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP, KAIZA/SEABLUFF VENTURE, A CALIFORNIA JOINT VENTURE AND WATT RESIDENTIAL PARTNERS, A CALIFORNIA HOMES SOUTHERN CALIFORNIA DIVISION 24 996.: K^C-JriiJc; MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AN EASEMENT FOR MONUMENT WALL AND APPURTENANCES AND INCIDENTAL PURPOSES IN FAVOR OF PCINSETTIA HCME-3UILDING PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP, RECORDED SEPTEMBER 9, 1957 AS FILE NO. 1997-0425602 OF OFFICIAL RECORDS, LOCATED WITHIN A PORTION OF LOT 1 OF PARCEL MA? NO. 13653 MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. --""ECTS PARCEL 3. AN EASEMENT FOR CONSTRUCTION AND MAINTENANCE AND INCIDENTAL PURPOSES IN FAVOR OF POINSETTIA HCMEBUILDING PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP, RECORDED SEPTEMBER 9, 1957 AS FILE NO. 1397-435603 OF OFFICIAL RECORDS, LOCATED WITHIN THAT PORTION OF LOT 1 OF PARCEL NO. 13653, MOH.E PARTICULARLY IN SAID DOCUMENT. ORDER NO. 1173012-22 23. ANY R-GHTS, INTEREST OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON CF THE FOLLOWING FACTS SHOWN 3Y AN ALTA SURVEY PREPARED BY 0'DAY CONSULTANTS, DATED NOVEMBER 6, 1937: - STANDARDS PIPES AND BROW DITCHES OVER PARCELS A AND B ; - PVC RISER ADJACENT TO WINDROSE CIRCLE (PARCEL E); - FIRE HYDRANTS ADJACENT TO WINDROSE CIRCLE (PARCEL 3}; AND TO NAVIGATOR CIRCLE (PARCEL A); - CHAIN LINK FENCE ALONG THE EASTERLY LINE CF PARCELS A - CRI3LOCK RETAINING WALL OVER A PORTION OF PARCEL B TO AVENIDA ENCINAS; - WT\ 7 T ,'™-i*7~~ T\ TT-"^^rr'~ f^'!\] QP -^ ^ ^^~T ~ £. ""*• ~~^ ^"V""1 rr?.-^. i'/TTsJT7^7*- - TRANSFORMER OVER A PORTION OF PARCEL 3 ADJACENT TO AVENIDA ENCINAS. 30. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF £3,000,000.00, AND ANY CTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED DECEMBER 2, 1337 AS FILE NO. 1S37-OS0636S OF OFFICIAL RECORDS. DATED: DECEMBER , 1337 TRUSTOR: AREA C HOMEBUILDING PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY", A CALIFORNIA CORPORATION BENEFICIARY: KAIZA/SEABLUFF VENTURE LLC, A CALIFORNIA LIMITED LIA3ILITY COMPANY 1397-1333 TAX INFORMATION: CODE AREA: 05108 PARCEL NO.: 216-140-30-00 1ST INSTALLMENT: S8258.74 PAID 2ND INSTALLMENT: S3256.74 OPEN LAND VALUE: 31,043,570.00 IMPROVEMENTS: S- 0 - EXEMPT: S-0- CCDE AREA: 03103 PARCEL NO.: 216-140-31-00 1ST INSTALLMENT: $4,138.84 PAID 2ND INSTALLMENT: $4,183.84 OPEN LAND VALUE: $400,000.00 IMPROVEMENTS: $ - 0 - EXEMPT: $ - 0 - PAGE 5 ORDER NO. 1173012-22 DESCK_L?TION ~'~- LAND Kc.FERP.ED TO Hn^r.IN IS SITUATED IN THE STATE OF CALIFORNU COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 1 OF PARCEL MA? NO. 13653, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 31, 1985 AS FILE NO. 85-033315 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 1; THENCE ALONG THE EASTERLY LINE THEREOF NORTH 1°36'13" WEST 344.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 1, SOUTH 1°36'13" EAST, 241.75 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 76°00'01" WEST, 150.85 FEET; THENCE SOUTH 19°47'34" WEST, 30.15 FEET; THENCE SOUTH 65C33'13" WEST, 89.60 FEET TO A POINT ON A 326.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE CENTER OF WHICH BEARS SOUTH 65°15'48" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 46.95 FEET THROUGH A CENTRAL ANGLE OF 3°15'34" TO A POINT OF COMPOUND CURVE ON A 826.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE CENTER OF WHICH BEARS SOUTH 57°00'14" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 255.91 FEET THROUGH A CENTRAL ANGLE OF 17°45'0£"; THENCE NORTH 16°42'22" EAST, 370.32 FEET; THENCE NORTH 64°12'22" EAST, 149.00 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 1; THENCE SOUTHERLY ALONG SAID LINE SOUTH 25°47'33" EAST, 422.00 FEET TO THE TRUE POINT OF BEGINNING. THOSE PORTIONS OF LOTS 1 AND 2 AND THE STREET BETWEEN SAID LOTS AS SHOWN ON PARCEL MA? NO. 13653 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER _DF SAN DIEGO COUNTY, JANUARY 31, 1985 AS FILE NO. 85-033316 OF OFFICIAL RECORDS, LYING EASTERLY OF THE EASTERLY AND NORTHEASTERLY LINE OF CARLSBAD TRACT 85-14 PHASE I, (EATIQUITOS LAGOON EDUCATIONAL PARK) , IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA., ACCORDING TO MA? THEREOF NO. 116IS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 12, 1986. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: PAGE 1! ORDER NO. 1173012-22 BEGINNING AT THE MOST EASTERLY CORNER 0? SAID LOT 1; TKENCE ALONG THE EASTERLY LINE THEREOF NORTH 1°36'13" WEST 344.61 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 1, SOUTH 1°36'13" EAST, 241.75 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 76°00'01" WEST, 150.85 FEET; THENCE SOUTH 19°47'34" WEST, 30.15 FEET; THENCE SOUTH 65°38'13" WEST, 89.60 FEET TO A POINT ON A 22S.OO FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE CENTER OF WHICH BEARS SOUTH S5°15'48" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 46.99 FEET THROUGH A CENTRAL ANGLE OF 8°15'34" TO A POINT OF COMPOUND CURVE ON A 826.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE CENTER OF WHICH BEARS SOUTH 57°00'14" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE 255.91 FEET THROUGH A CENTRAL ANGLE OF 17°45'06"; THENCE NORTH 16°42'22" EAST, 370.32 FEET; THENCE NORTH 64°12'22" EAST, 149.00 FEET TO A POINT ON THE'NORTHEASTERLY LINE OF SAID LOT 1; THENCE SOUTHERLY ALONG SAID LINE SOUTH 25°47'3S" EAST, 422.00 FEET TO THE TRUE POINT OF BEGINNING. A NONEXCLUSIVE EASEMENT FOR THE PURPOSES OF PEDESTRIAN AND VEHICULAR ACCESS AND INGRESS AND EGRESS OVER, UNDER, ALONG AND ACROSS THAT OF LOT 1 OF CARLSBAD TRACT NO. 84-14 PHASE 1, IN THE CITY" OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MA? THEREOF NO. 11616, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 1980, SHOWN AND DELINEATED ON SAID MA? AS "NAVIGATOR SAID EASEMENT IS APPURTENANT FOR THE USE AND BENEFIT OF ALL OR ANY OF PARCEL A ABOVE DESCRIBED. PAGE 11