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.
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RECEIPT NO. v
DESCRIPTION
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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