HomeMy WebLinkAboutCT 98-10; Carlsbad Raceway Business Park; Tentative Map (CT) (7)PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resi
the County aforesaid: I am over the age of eighte'
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the
printer of
North County Times
Formerly known as the .Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newspapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree number
171349, for the County of San Diego, that the
notice of which the annexed is a printed copy (set
in type not smaller than nonpariel), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
October 21st, 2004
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at SAN MARCOS California
is space is for the-County Clerk's Filing Stamp
Proof of Publication of
NOTICE IS HEREBY GIVEN to you, because your inter-'est may be affected, that the Planning Commission of theCity of Carlsbad will hold a pubjicho=ri'igiChambers, 1200Carkfornla, at 6 00 p m onto consider the'-"--'-
ig at the Council_.We,<Uarlsbad, Cali-', November 03, 2004,
5) TENTATIVE MAP IOPMENTPEF"-IND'USt'RlAlTPERMh ,year extension of time 1
T 98-10x2), HILLSIDE DEVEL-iP, 98-09xi) and a PLANNED"IP'01"01x1 j - to request a one-allow the above applications,. __^ — j ^.^..3en Me|rosecil ties Man-BUSINESS
focated north of Palomar Airport Road between MelroseDrive and Business Park Drive in Local Facilities Maaement Zone 18 - CARLSBAD RACEWAY BUSINEPARK
A Mitigated Negative Declaration was adopted by theCity Council on December 4, 2001 This project is still incompliance with the prior environmental documents. .
This 21st Day of October, 2004
PROOF OF PUBLICATION
(2010&2011C.C.P.)
This space is County Clerk's Filing Stamp
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the
printer of
North County Times
Formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newspapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree number
171349, for the County of San Diego, that the
notice of which the annexed is a printed copy (set
in type not smaller than nonpariel), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
J
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at SAN MARCOS California
This UT— Day of February, 2004
Signature
NORTH COUNTY TIMES
Legal Advertising
\
Proof of Publication of
CITY OF CARLSBAD PLANNING DEPARTMENTNOTICE OF PUBLIC HEARINGNOTICE IS HEREBY GIVEN to you, because your inter-est may be affected, that the Planning Commission ofthe City of Carlsbad will hold a public hearing at theCouncil Chambers, 1200 Carlsbad Village Drive,Car/shad, California, at 6:00 p.m. on Wednesday, Febru-ary 18, 2004, to consider a request for a one year exten-sion to allow for the final map to be approved on proper-ty located north of Palomar Airport Ftoad between Mel-rose Drive and Business Park Drive in Local FacilitiesManagement Zone 18 and more particularly described
as: ' "Parcel 1: The southeast quarter of the northwest quarterof Section 18, Township 12 South, Range 3 west, SanBernardino Meridian, In the City of Carlsbad, County of-• • ' ~ '•* -•- 1:— t~ th« nHf^iolDeiiraiuinu ivioiiuion, ,San Diego, State of California, according to the official
plat thereof, excepting therefrom one-half of all minerals
in, on or under said land as reserved by Burton D. High-
tower, a widower, in deed recorded May 19,1959,in Book
7669, Page 361 of official records.Parcel 2: The southwest quarter of the northwest quarter
(Lot 2) of Section 18, Township 12 South, Range 3 West,
San Bernardino Meridian, in the City of Carlsbad, Coun-
ty of San Diego, State of California, according to the offi-
cial plat thereof, excepting therefrom one-half of all min-
erals In, on or under saia land as reserved by Burton D
Hightower, a widower, in deed recorded May 19,1959 in
Book 7669, Page 361, of official records.Parcel 3A: Lot 2, Section 13. Township 12 South, Range4 West, San Bernardino Meridian, in the City of Carls-
bad, County of San Diego, State of California, according
to the official plat thereof.Parcel 3B*. An easement for public road and utility pur-
poses over, under, atohg and across the following de-
scribed real property, in me City of Carlsbad, County ofSan Diego, State of California, particularly described as
follows:Those portions of Lot 3 in Section 13, Township 12South, Range 4 West and of Lot 3 in Section 18, Town-ship 12 South, Range 3 West, San Bernardino Meridian,
in me County of San Diego, Stateof California, lying within a strip of land 60 feet wide, 30
feet wide on each side of the center line.Parcel 4: The southwest quarter of the northeast quarterof Section 18, Township 12 South, Range 3 West, SanBernardino Base and Meridian, in the City of Carlsbad,County of San Diego, State of California, according tothe official plat thereof, excepting therefrom one-halt of
all mineral in, on or under said land as reserved by Bur-
ton D Hightower, a widower, in deed recorded May 19,
1959, in Book 7669, Page 361 of official records.Those perspns wishing to speak on this proposal are
cordially invited to attend the public hearing, Copies of
the staff report will be available on and after February
12, 2004. If you have any questions, please call-Anne
Hysong in the Planning Department at (760) 602-4622.
Trie time within which you may judicially challenge this
Tentative Tract Map extension, if approved, is estab-
lished by state law and/or city ordinance, and is very
short. It'you challenge the Tentative Tract Map extension
in court, you may be limited to raising only those issues
you or someone else raised at the public hearing de-
scribed in this notice or in written correspondence deliv-
ered to the City of Carlsbad at or prior to the public hear-
CASE FILE: CT 98-10x1CASE NAME: CARLSBAD RACEWAY BUSINESS
PARK PUBLISH: FEBRUARY 5, 2004
CITY OF CARLSBADPLANNING DEPARTMENT
CARLSBAD RACEWAY' BUSINESS PARK
OT 98-10x1
,City of Carlsba
Planning Department
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the Planning
Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200
Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, August 15, 2001, to
consider a request for a recommendation of approval for a Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, General Plan Amendment, Local Facilities
Management Plan Amendment, and Zone Change and approval of a Tentative Tract Map,
Hillside Development Permit and Planned Industrial Permit to allow the subdivision of a 146.3
acre parcel located north of Palomar Airport Road between future Melrose Drive and the City's
eastern boundary into 25 industrial lots and 3 open space lots on property located in the P-M
Zone in Local Facilities Management Zone 18 and more particularly described as:
Parcel 1: The southeast quarter of the northwest quarter of Section 18,
Township 12 South, Range 3 west, San Bernardino Meridian, in the City of
Carlsbad, County of San Diego, State of California, according to the official plat
thereof, excepting therefrom one-half of all minerals in, on or under said land as
reserved by Burton D. Hightower, a widower, in deed recorded May 19, 1959, in
Book 7669, Page 361 of official records.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report will be available on and after August 9, 2001. If you have
any questions, please call Anne Hysong in the Planning Department at (760) 602-4622.
The time within which you may judicially challenge this General Plan Amendment, Local
Facilities Management Plan Amendment, Zone Change, Tentative Tract Map, Hillside
Development Permit, and Planned Industrial Permit, if approved, is established by state law
and/or city ordinance, and is very short. If you challenge the General Plan Amendment, Local
Facilities Management Plan Amendment, Zone Change, Tentative Tract Map, Hillside
Development Permit, and Planned Industrial Permit in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the City of Carlsbad at or prior to the public hearing.
CASE FILE:GPA 98-05/LFMP 87-18(B)/ZC 01-07/CT 98-10/HDP 98-09/PIP 01-01
CASE NAME: CARLSBAD RACEWAY BUSINESS PARK
PUBLISH:AUGUST 2, 2001
CITY OF CARLSBAD
PLANNING DEPARTMENT
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of
eighteen years and not a party to or interested in the
above-entitled matter. I am the principal clerk of
the printer of
North County Times
Formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newapapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for the County of San Diego,
that the notice of which the annexed is a printed
copy (set in type not smaller than nonpariel), has
been published in each regular and entire issue of
said newspaper and not in any supplement thereof
on the following dates, to-wit:
September 6, 2001
This space is fAhe County Clerk's Filing Stamp
Proof of Publication of
Recirculated Mitidgated Negative
Declaration
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
San Marcos
Dated at » California
this
6th day
of
September, 2001
RECIRCULATED MITIGATEDNEGATIVE DECLARATIONProject Address/Location: North side of Palomar AirportRoad between future Melrose Drive and eastern Cityboundary.Project Description: A request for a General PlanAmendment to eliminate the Office (0) General PlanDesignation and redesignate proposed open space tothe Open SpaceJOS) General Plan Designation, a zonechange to add Open Space zoning, a Tentative TractMap/Hillside Development Permit, and Planned Indus-trial Permit for an 146 acre, 25 lot, industrial subdivisionwith 3 open space lots on property located north of Palo-mar Airport Road between the City's eastern boundaryand future Melrose Drive. The project design includes a400 foot wide north-south wildlife corridor that providesaccess to an east-west wildlife corridor within the north-ern portion of the property. Access to the industrial lotswill be provided by construction of th« remaining seg-ment of Melrose Drive between Palornar Airport Roadand the City of Vista boundary and the extension ofPoinseitia Avenue (Street "B") from its existing westerlyterminus in the Cty of Vista to Melrose Drive. No industri-al buildings are proposed as part of the project.The City of Carlsbad has conducted an environmentalreview of the above described project pursuant to theGuidelines for Implementation of the California Environ-mental Quality Act and the Environmental Protection Or-dinance of the City of Carlsbad. As a result of said re-view, the initial study (EIA Part 2) identified potentiallysignificant effects on the environment, but (1) revisionsin the project plans or proposals made by, or agreed to
by, the applicant before the proposed negative declara-tion and initial study are released for public review wouldavoid the effects or mitigate the effects to a point whereclearly no significant effect on the environment wouldoccur, and (2) there is no substantial evidence in light ofthe whole record before the City that the project "as re-vised" may have a significant effect on the environment.
Therefore, a Mitigated Negative Declaration is hereby is-
sued for the subject project. Justification for this actionis on file in the Planning Department. iA copy of the Mitigated Negative Declaration with sup-portive documents is on file in the Planning Department,1635 Faraday Avenue, Carlsbad, California 92008.Comments from the public are invited. Please submitcomments in writing to the Planning Department within30 days of date of issuance. If you nave any questions,please call Anne Hysong in the Planning Department at[7601.602-4622.
DATED: SEPTEMBER 6, 2001CASE NO: GPA 98-05/ZC 01-07/LFMB 87-18(B)/CT 98-10/HDP98-09/PIP01-01CASE NAME: CARLSBAD RACEWAY BUSINESSPARK/s/GARY S. WAYNE forMICHAEL J.HOLZMILLERPlanning DirectorLegal 70931. September 6, 2001 .'
NORTH COUNTY TIMES
Legal Advertising
PROOF OF PUBLIC^tON
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of
eighteen years and not a party to or interested in the
above-entitled matter. I am the principal clerk of
the printer of
North County Times
Formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newapapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for the County of San Diego,
that the notice of which the annexed is a printed
copy (set in type not smaller than nonpariel), has
been published in each regular and entire issue of
said newspaper and not in any supplement thereof
on the following dates, to-wit:
August 2, 2001
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
San Marcos
Dated at , California
this
of
2nd
day
August, 2001
Signature ' //
NORTH COUNTY TIMES
Legal Advertising
This space is fJfcie County Clerk's Filing Stamp
Proof of Publication of
Notice of Public Hearing
.(i.iciiumion or ap._,„. ,wi a ivimgated Negative Declaration and Mitigalion Monitoring and Reporting Program, General PtaiAmendment, Local Facilities Management Plan Amendment, and Zone Change and aonrm/oi ~« - ••---• ••Trartiw=" U:H-:-.- -
_r_ a i luyram, ueneral Plan/-uiienament, Local Facilities Management Plan Amend-ment, and Zone Change and approval of a TentativeTract Map, Hillside Development Permit and Planned In-dustrial Permit to allow the subdivision of a m« •»parcel locator! !>«••»• ~' " - •
„ UL/CII space lots on property lo-I tateo in the P-M Zone in Local Facilities ManagemenlZone 18 and more particularly described as:
Parcel 1: The southeast quarter of the northwest quarteiof Section 18, Township 12 South, Range 3 west, SarBernardino Meridian, in the City of Carlsoad, County o1
San Diego, State of California, according to the officiaplat thereof, excepting therefrom one-half of all mineralsin, on or under said land as reserved by Burton D. High-tower, a widower, in deed recorded May 19, 1959, irBook 7669, Page 361 of official records. . • , \
Those persons wishing to speak on this proposal arecordially invited to attend the public hearing. Copies ofihe staff report will be available on and after August 9,
'2001. If you have any questions, please calf AnneHysonq in the Planning Department at(760) 602-4622.
I The time within which you may judicially challenge thisi General Plan Amendment, Local Facilities ManagmentPlan Amendment, Zone Change, Tentative Tract Map,Hillside Development Permit, and Planned IndustrialPermit, if approved, is established by state law and/or
city ordinance, and is very short. If you challenge the
General Plan Amendment Local Facilities ManagementPlan Amendment, Zone Change, Tentative Tract MapHillside Development Permit, and Plannp.fi MH,.-•-:-permit in enurf »'"" u"__ *wu iu laising only those.oouoa you or someone else raised at the public hearingdescribed in this notice or in written correspondence de-livered to the City of Carlsbad at or prior to the publichearing.
CASE FILE: GPA 98-05/LFMB 87-18(B)/ZC 01-07/CT98-10/HDP 98-09/PIP 01-01
CASE NAME/CARLSBAD RACEWAY BUSINESSPARK
CITrY OF CARLSBAD PLANNING DEPARTMENT
CARLSBAD RACEWAY
BUSINESS PARK
GPA 98-05EC 01 -07/LFMP 87-18(B)/
CT 98-lilfHDP 98-09(PIP 01-01
Legal 70677. August 2, 2001
PROOF OF PUBLICATION
(2010& 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident
of the County aforesaid: I am over the age of
eighteen years and not a party to or interested in
the above-entitled matter. I am the principal clerk
of the printer of
North County Times
This space is for the County Clerk's Filing Stamp
formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have
been adjudged newspapers of general
circulation by the Superior Court of the County of
San Diego, State of California, for the cities of
Escondido, Oceanside, Carlsbad, Solana Beach
and San Diego County; that the notice of which
the annexed is a printed copy (set in type not
smaller than nonpareil), has been published in
each regular and entire issue of said newspaper
and not in any supplement thereof on the
following dates, to-wit:
July 15, 2001
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
SAN Marcos
Dated at , California
16th
this
of
July,2 001 _day
Proof of Publication of
Mitigated negative Declaration
„.„„ ui raiumar Airportnyaa Between future Melrose Drive and the easternCity boundary.
Project Description: A request for a General PlanAmendment to eliminate the Office (O) General PlanDesignation and redesipnate oroonsorf /.«/>- •ther— " --- -
change .y auu upen space zoning, a tentative TractMap.T-lillside Development Permit, and Planned Indus-trial Permit for an 146 acre, 25 lot, industrial subdivisionwith 3 open space lots on property located north of Palo-mar Airport Road between the City's eastern boundaryand future Melrose Drive. The project design includes a400 foot wide north-south wildlife corridor mat providesaccess to an east-west wildlife corririnr with,--, « ••-
..., u, ^ansuau nas conducted an environmentalicviei/v of the above described project pursuant to theGuidelines for Implementation of the California Environ-mental Quality Act and the Environmental Protection Or-dinance of the City of Carlsbad. As a result of said re-view, the initial study (EIA Part 2) identified potentiallysignificant effects on the environment, but (1) revisionsin the project plans or proposals made by, or agreed toby, the applicant before the proposed negative declara-tion and initial study are released for puhii^ ra."A— .—••'-•avoid thA affa^" —~!"luldlere
.. ,-.-,—-,«. uiauo uy, or agreecDV, me applicant before the proposed negative aeclation and initial study are released for public review wouldavoid the effects or mitigate the effects to a point whereclearly no significant effect on the environment wouldoccur, and (2) there is no substantial evidence in light ofthe whole record before the City that the project "as re-vised" may have a significant effect on the environment.Therefore, a Mitigateo Negative Declaration is hereby is-sued for the subject project. Justification for this actionis on file in the Planning Department.A copy of the Mitioatefl Wor,o«»- *--•---with sup--'partment"a 92008.~u,,,.1101 us iram me public are invited. Please submitcomments in writing to the Planning Department within20 days of date of issuance. If you nave any questions,please call Anne Hysong in the Planning Department atf760)602-4652- •lATPrv ii M v« *. ~«, wwt-tu*:*:. "~—JATED: JULY 15, 2001
CASE NO: GPA 98-05/LFMP 87-18(B)/CT 98-10/HDP98-09/PIP 01-01
CASE NAME: Carlsbad Raceway Business Park/s/MICHAEL J. HOLZMILLERPlannino nirort™<fyi»imn«CL J. HULZM LLFPlanning Director r-ilv"LLb
Legal 70565. July 15, 2001
NORTH COUNTY TIMES
Legal Advertising
City of Carlsbad
Planning Department
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the Planning
Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200
Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, February 18, 2004, to
consider a request for a one year extension to allow for the final map to be approved on
property located north of Palomar Airport Road between Melrose Drive and Business Park
Drive in Local Facilities Management Zone 18 and more particularly described as:
Parcel 1: The southeast quarter of the northwest quarter of
Section 18, Township 12 South, Range 3 west, San Bernardino
Meridian, in the City of Carlsbad, County of San Diego, State of
California, according to the official plat thereof, excepting
therefrom one-half of all minerals in, on or under said land as
reserved by Burton D. Hightower, a widower, in deed recorded
May 19, 1959, in Book 7669, Page 361 of official records.
Parcel 2: The southwest quarter of the northwest quarter (Lot 2)
of Section 18, Township 12 South, Range 3 West, San
Bernardino Meridian, in the City of Carlsbad, County of San
Diego, State of California, according to the official plat thereof,
excepting therefrom one-half of all minerals in, on or under said
land as reserved by Burton D Hightower, a widower, in deed
recorded May 19, 1959 in Book 7669, Page 361, of official
records.
Parcel 3A: Lot 2, Section 13, Township 12 South, Range 4 West,
San Bernardino Meridian, in the City of Carlsbad, County of San
Diego, State of California, according to the official plat thereof.
Parcel 3B: An easement for public road and utility purposes over,
under, along and across the following described real property, in
the City of Carlsbad, County of San Diego, State of California,
particularly described as follows:
Those portions of Lot 3 in Section 13, Township 12 South, Range
4 West and of Lot 3 in Section 18, Township 12 South, Range 3
West, San Bernardino Meridian, in the County of San Diego, State
of California, lying within a strip of land 60 feet wide, 30 feet wide
on each side of the center line.
Parcel 4: The southwest quarter of the northeast quarter of Section
18, Township 12 South, Range 3 West, San Bernardino Base an
Meridian, in the City of Carlsbad, County of San Diego, State of
California, according to the official plat thereof, excepting therefrom
one-half of all mineral in, on or under said land as reserved by Burton
D Hightower, a widower, in deed recorded May 19, 1959, in Book
7669, Page 361 of official records.
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
SITE
CARLSBAD RACEWAY
BUSINESS PARK
CT 98-10x1
•• . ~' 1455 Frazee-Road
• ! "•- Suite 600
Commonwealth Phone: (619)686-2173.
To Follow Our File No: 03672534 - 499 - 511
Title Officer: Zona Weekley
Attn: To Follow (zweekley@landam.com)
••• "" Phone: (519) 686-2173
Your Reference No: LSOF Fax: (619) 297-1465
Property Address: 6600 Palomar Airport Road, Carlsbad, California
PRELIMINARY REPORT
Dated as of September 2, 2003 at 7:30 a.m.
In response to the above referenced application for a policy of title insurance, Commonwealth Land
Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof,
a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter
set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance
not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed
Schedules, Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusion from the coverage of said Policy or Policies are set forth in
Exhibit B attached. Copies of the Policy forms should be read. They are available from the office
which issued this report.
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.
Please read the exceptions shown or referred to below and the exceptions and exclusions
set forth in Exhibit B 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 Hens, defects, and encumbrances affecting title to the
land.
CLTA Preliminary Report (Rev. 1-1-95)
Page 1
File No: 03672534
A '
SCHEDULE A
The form of policy of title insurance contemplated by this report is:
A Preliminary Report Only
The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE as to Parcel 1, 2, 3A, 4, 5, 6, 7;
AN EASEMENT more fully described below as to Parcel 3B
Title to said estate or interest at the date hereof is vested in:
LSOF Carlsbad Land L.P., a Texas limited partnership
The land referred to herein is situated in the County of San Diego, State of California, and is described
as follows: /
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Page 2
File No: 03672534
EXHIBIT "A"
All that certain real property situated in the County of San Diego, State of
California, described as follows:
PARCEL 1:
The Southeast Quarter of the Northwest Quarter of Section 18, Township 12
South, Range 3 West, San Bernardino Meridian,, in the City of Carlsbad, County
of San Diego, State of California, according to Official Plat thereof.
EXCEPTING THEREFROM one-half of ail minerals in, on or under said land, as
reserved by Burton D. Hightower, a widower, in Deed recorded May 19, 1959 in
Book 7669, Page 361 of Official Records.
PARCEL 2:
The Southwest Quarter of the Northwest Quarter (Lot 2) Section 18, Township 12
South, Range 3 West, San Bernardino Meridian, in the City of Carlsbad, County
of San Diego, State of California, according to Official Plat thereof.
EXCEPTING THEREFROM one-half of all minerals in, en or under said land as
reserved by Burton D. Hightower, a widower, in Deed recorded May 19, 1959 in
Book 7669, Page 361 of Official Records.
PARCEL 3A:
Lot 2, Section 13, 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.
PARCEL3B:
An easement for public road and utility purposes, over, under, along and across
those portions of Lot 3 in Section 13, Township 12 South, Range 4 West and of
Lot 3 in Section 18, Township 12 South, Range 3 West, San Bernardino Meridian,
in the City of Carlsbad, County of San Diego, State of California, according to
Official Plat thereof, lying within a strip of land 60 feet wide, 30 feet on each side
of the following described center line:
Beginning at Engineer's Station 67+45.06 on the center line of Road Survey No.
757, a copy of which is on file in the Office of the County Engineer of San Diego
County, being a point on a curve concave Easterly, the center line of which bears
South 74°43'03" East, 400 feet; thence Northerly along said curve through a
central angle of 28°01'21" a distance of 195.63 feet to the beginning of a reverse
curve concave Westerly and having a radius of 400 feet; thence Northerly along
said curve through a central angle of 43°22'39", a distance of 302.83 feet to a
Page 3
File No: 03672534
point which is North 89°59'33" East, 63 feet and North 00°04'21" West, 0.39 feet
from the West Quarter corner of said Section 18, Township 12 South, Ranee 3
West.
PARCEL 4:
The Southwest Quarter of. the Northeast Quarter of Section 18, Township 12
South, Range 3 West, San Bernardino Base and Meridian, in the City of Carlsbad,
County of San Diego, State of California, according to Official Plat thereof.
EXCEPTING THEREFROM one-half of all minerals, in, on or under said land as
reserved by Burton D. Hightower, a widower, in Deed recorded May 19, 1959 in
Book 7669, Page 361, of Official Records.
PARCELS:
A non-exclusive easement for grading and construction over, under, along and
across a portion of Parcel 'B' of Parcel Map No. 15413, in the City of Vista,
County of San Diego, State of California, recorded in the Office of the County
Recorder October 14, 1988, being more particularly described as follows:
Beginning at the Northwest corner of said Parcel 'B'; thence South 89°45'58"
East 12.76 feet to a point on the Easterly right-of-way of Business Park Drive,
said point being on a non-tangent 1042-foot radius curve concave Northeasterly,
the.radial to said point bears South 67°58'16" West; thence along said right-of-
way, Southeasterly along the arc of said curve through a central angle of
11°24'01" an arc distance of 207.33 feet; thence, leaving said right-of-way,
South 67°18'00" West 118.02 feet to the Westerly line of said Parcel 'B'; thence
North 00°02'55" West, along said Westerly line, 228.81 feet to the Point of
Beginning.
PARCEL 6:
A non-exclusive easement for road, as granted in instrument recorded January
24, 2003 as File No. 2003-0884893 of Official Records, over, under, along and
across that property shown as "Exhibit D".
PARCEL 7:
A non-exclusive easement for water line, as granted in instrument recorded July
24, 2003 as File No. 2003-0884893 of Official Records, over, under, along and
across that property as shown as "Exhibit E".
Assessor's Parcel Number: 221-010-22, 221-011-03, 04, 05
Page 4
File No: 03672534
Pages
File No: 03672534
SCHEDULE B
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in
said policy form would be as follows:
A. Property taxes, including general and special taxes, personal property taxes, if any, and any
assessments collected with taxes, to be levied for the fiscal year 2003 - 2004 which are a lien
not yet payable.
B. Property taxes, including general and special taxes, personal property taxes, if any, and any
assessments collected with taxes, for the fiscal year shown below, are paid. For proration
purposes.the amounts are:
Fiscal year 2002 - 2003
1st Installment: $10,560.67 Paid
2nd Installment: $10,560.67 Paid
Exemption: $0.00
Code Area: 09022
Assessment No.: 221-010-22
C. Supplemental taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with
Section 75) of the Revenue and Taxation Code, of the State of California, for the fiscai year
2002-2003.
1st Installment: $1,465.68 Paid
2nd Installment: $1,465.68 Paid
Supplemental Bill No: 829-238-40-42
D. Said property has been declared Tax-Defaulted for non-payment of delinquent regular assessed
taxes for the fiscal year 2000 - 2001.
Amount to redeem by September 30, 2003 for the -above-stated year (and subsequent years, if
any) is $42,656.37.
Amount to redeem by October 31, 2003 for the above-stated year (and subsequent years, if
any) is $43,099.83.
Amount to redeem by November 30, 2003 for the above-stated year (and subsequent years, if
any) is $43,543.29. -
E. Property taxes, including general and special taxes, personal property taxes, if any, and any
..assessments collected with taxes, for the fiscal year shown below, are paid. For proration
purposes the amounts are:
Fiscal year 2002 - 2003
1st Installment: $1.0,908.75 Paid
2nd Installment: $10,908.75 Paid
Exemption: $0.00
Code Area: 09016
Assessment No.: 221-011-03
Page 6
File No: 03672534
F. Supplemental taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with
Section 75) of the Revenue and Taxation Code, of the State of California, for the fiscal year
2002-2003.
1st Installment: $1,502.22 Paid
2nd Installment: $1,502.22 Paid
Supplemental Bill No: 829-238-40-52
G. Said property has been declared Tax-Defaulted for non-payment of delinquent regular assessed
taxes for the fiscal year 2000 - 2001.
Amount to redeem'by September 30, 2003 for the above-stated year (and subsequent years, if
any) is $42,236.15.
Amount to redeem by October 31, 2003 for the above-stated year (and subsequent years, if
any) is 542,675.16.
Amount to redeem by November 30, 2003 for the above-stated year (and subsequent years, if
any) is $43,114.17.
H. Property taxes, including general and special taxes, personal property taxes, if any, and any
assessments collected with taxes, for the fiscal year shown below, are paid. For proration
purposes the amounts are:
Fiscal year 2002 - 2003
1st Installment: ' 514,580.10 Paid
2nd Installment: $14,680.10 Paid
Exemption: $0.00
Code Area: 09016
Assessment No.: 221-011-04
I. Supplemental taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with
Section 75) of the Revenue and Taxation Code, of the State of California, for the fiscal year
2002-2003.
1st Installment: $2,037.52 Paid
2nd Installment: $2,037.52 Paid
Supplemental Bill No: 829-238-40-62
J. Said property has been declared Tax-Defaulted for non-payment of delinquent regular assessed
taxes for the fiscal year 2000 - 2001.
Amount to redeem by September 30, 2003 for the above-stated year (and subsequent years, if
any) is $56,835.69.
Amount to redeem by October 31, 2003 for the above-stated year (and subsequent years, if
any) is $57,426.57.
Amount to redeem by November 30, 2003 for the above-stated year (and subsequent years, if
any) is $58,017.45.
Page 7
File No: 03672534
K. Property taxes, including general and special taxes, personal property taxes, if any, and any
assessments collected with taxes, for the fiscal year shown below, are paid. For prcration
purposes the amounts are:
Fiscal year 2002 - 2003
1st Installment: $3,085.80 Paid
2nd Installment: $3,085.80 Paid
Exemption: $0.00
Code Area: 09166
Assessment No.: 221-011-05
L. Supplemental taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with
Section 75) of the Revenue and Taxation Code, of the State of California, for the fiscal year
2002-2003.
1st Installment: $422.29 Paid
2nd Installment: $422.29 Paid
Supplemental Bill No: 829-238-40-72
M. Said property has been declared Tax-Defaulted for non-payment of delinquent regular assessed
taxes for the fiscal year 2000 - 2001.
Amount to redeem by September 30, 2003 for the above-stated year (and subsequent years, if
any) is $8,178.69.
Amount to redeem by October 31, 2003 for the above-stated year (and subsequent years, if
any) is $8,265.06.
Amount to redeem by November 30, 2003 for the above-stated year (and subsequent years, if
any) is $8,351.43.
IN. Said general and special taxes also secure the payment of assessments under the Bond
Improvement Act of 1915.
0. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the
Revenue and Taxation Code of the State of California.
1. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: San Diego Gas & Electric Company
Purpose: public utilities, ingress and egress
Recorded: October 11, 1940 in Book 1085, Page 71 of Official Records
Affects: said (and more particularly described therein.
Said matter affects Parcel 4
Page 8
File No: 03672534
2. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Purpose: ingress, egress and utility
Recorded: April 3, 1959 in Book 7586, Page 133 of Official Records
Affects: Portions of the herein described land, the exact location of which
can be determined by examination of the above-mentioned
instrument, which contains a complete legal description of the
affected portions of said land.
Said matter affects Parcel 3
Said easement has been granted and reserved in various deeds of record.
3. Any boundary discrepancies, rights or claims which may exist or arise as disclosed by a Record /
of Survey
Record of Survey No. 6416, 12232 and 14336
4. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: San Diego Gas & Electric Company
Purpose: public utilities, ingress and egress
Recorded: August 27, 1964 as File No. 156597 of Official Records
Affects: said land more particularly described therein.
•Said matter affects Parce! 2
5. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: San Diego Gas & Electric Company
Purpose.: public utilities, ingress and egress
Recorded: ' August 27, 1964 as File No. 156617 of Official Records
Affects: said land more particularly described therein.
Said matter affects Parcel 1
6. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: San Diego Gas & Electric Company
Purpose: public utilities, ingress and egress
Recorded: • August 27, 1964 as Fiie No. 156620 of Official Records
Affects: said land more particularly described therein.
Said matter affects Parcel 4
Page 9
File No: 03672534
7. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: San Diego Gas & Electric Company
Purpose: public utilities, ingress and egress
Recorded: November 15, 1965 as File No. 206747 of Official Records
Affects: said land more particularly described therein.
Said matter affects Parcel 2
8. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: San Diego Gas & Electric Company
Purpose: public utilities, ingress and egress
Recorded": March 23, 1967 as File No. 39741 of Official Records
Affects: said land more particularly described therein.
Said matter affects Parcel 2
9. An agreement to which reference is hereby made for full particulars,
Dated: March 6, 1967
By and between: Belson Investment Co., a Corporation and San Diego Gas & Electric
Company, a Corporation
Regarding: electric easement
Recorded: March 23, 1967 as File No. 39743 of Official Records
Said matter affects Parcel 2
A Plat is attached to and made a part of said document which indicates the location or
approximate location of said easement.
10. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: San Diego Gas & Electric Company
Purpose: public utilities, ingress and egress
Recorded: .. March 23, 1967 as File No. 39752 of Official Records
Affects: said land more particularly described therein.
Said matter affects Parcel 1
11. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: San Diego Gas & Electric Company
Purpose: public utilities, ingress and egress
Recorded: March 23, 1967 as File No. 39756 of Official Records
Affects: said land more particularly described therein.
Said matter affects Parcel 4
Page 10
File No: 03672534
12. An agreement to which reference is hereby made for full particulars,
Dated: October 16, 1974
By and between:- Sandru Investment Co., Rubel Investment Co., Belson Investment
Co., and City of Carlsbad
Regarding: Future improvements
Recorded: October 25, 1974 as File No. 74-284934 of Official Records
Said matter affects Parcel 1, 2 and 4
13. An agreement to which reference is hereby made for full particulars,
Dated:-- August 4, 1977
By and between: Sandru Investment Co., a California Corporation and San Diego Gas
& Electric Company, a Corporation /
Regarding: Electric easement
Recorded: August 16, 1977 as File No. 77-333570 of Official Records
Said matter affects
A Plat is attached to and made a part of said document which indicates the location or
approximate location of said easement.
14. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: Janice Lee Collings, formerly Janice L. Thinbodo, et al
.Purpose: road and public utility
Recorded: February 27, 1978 as File No. 78-076054 of Official Records
Affects: said land more particularly described therein.
Said instrument also grants the right to extend and maintain drainage structures and •
excavation and embankment slopes beyond the limits of said right of way where required for
construction and maintenance.
15. An agreement to which reference is hereby made for full particulars,
Dated: " December 27, 1976
By and between: Janice Lee Cqllins, formerly Janice L. Thibodo, a married woman,
Gary R. Thibodo, an unmarried man
Regarding: road maintenance
. Recorded: February 27, 1978 as File No. 78-076066 of Official Records
16. An agreement to which reference is hereby made for full particulars,
Dated: February 2, 1982
By and between: Sandru, Rubel and Belsan Investment Corporations, Three
Corporation and the City of Carlsbad, a Municipal Corporation
Regarding: paym'ent of public facilities
Recorded: February 16, 1982 as File No. 82-041594 of Official Records
Page 11
File No: 03672534
';-,
17. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: City of Vista
Purpose: Sewer lift station and sewer pipe lines
Recorded: October 2, 1986 as File No. 86-441910 of Official Records
Affects: The exact location and/or extent of said easement is not disclosed
in the public records.
Said matter affects Parcel 2
18. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: City of Vista
Purpose:"' sewer pipe lines
Recorded: October 2, 1986 as File No. 86-441919 of Official Records
Affects: said land more particularly described therein.
Said matter affects Parcel 1, 2 and 4
19. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: City of Vista
Purpose: storm drain pipes and lines
Recorded: October 29, 1987 as File No. 87-609285 of Official Records
Affects: said land more particularly described therein.
Said matter affects Parcel 4
20. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: San Diego Gas & Electric Company
Purpose: public utilities, ingress and egress
Recorded: August 2, 1989 as File No. 89-409482 of Official Records
Affects: The exact location and/or extent of said easement is not disclosed
in the public records.
Said matter affects Parcel 3A
21. Easements and rights of way for road and public utilities, and appurtenances thereto, as
•reserved and conveyed by various deeds of record.
Affects: Parcel 3B
22. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: City of Carlsbad
Purpose: slope and construction
Recorded: April 13, 1992 as File No. 1992-0211311 of Official Records
Affects: said land more particularly described therein. .
Page 12
File No: 03672534
Said matter affects Parcel 4
23. A deed of. trust to secure an indebtedness in the amount shown below, and any other
obligations secured thereby.
Amount: $7,090,000.00
Dated: March 20, 1998
Trustor: Raceway Properties, LLC, a California Limited Liability Company
Trustee: Lawyers Title Company
Beneficiary: LSOF Carlsbad Land L.'P., a Texas Limited Partnership
Address:. c/o Hudson Advisors, LLC, 600 North Pearl Street, Suite 1500,
LB164, Dallas, Texas 75201
Recorded: March 24, 1998 as File No. 1998-160310 of Official Records
An agreement which states that this instrument was subordinated •
To: Deed of Trust
Recorded: April 3, 2000 as File No. 2000-0169574 of Official Records
By Agreement
Recorded: April 3, 2000 as File No. 2000-0169573 of Official Records
A Notice of Default under the terms of said deed of trust
Executed by: Lawyers Title Company, a California Corporation
Recorded: March 27, 2001 as File No. 2001-0178418 of Official Records
A Notice of Trustee's Sale under said deed of trust
Executed by: Lawyers Title Company, as said Trustee a California Corporation
Date/Time and
Place of Sale: 7/19/2001 at The front steps of the County Courthouse 220 West
Broadway, San Diego, California at 10:00 A.M.
Recorded: June 28, 2001 as File No. 2001-0440462 of Official Records
24. A deed of trust to secure an indebtedness in the amount shown below, and any other
obligations secured thereby.
Amount: $1,500,000.00
Dated: March 9, 2000
Trustor: Raceway Properties, LLC, a California limited liability
Trustee: _ First American Title Insurance Company, a California Corporation
Beneficiary: Gerber Development,.Jnc., a California Corporation
Address: 12672 Caminito Radiante, San Diego, California 92130
Recorded: April 3, 2000 as File No. 2000-0169574 of Official Records
An assignment of the beneficial interest under said deed of trust which names
As Assignee: LSOF Carlsbad Land, L.P.
Recorded: March 29, 2002 as File No. 2002-0267339 of Official Records
Page 13
File No: 03672534
25. Unrecorded contracts as disclosed by Memorandum of Assignment of Contracts, recorded
March 24, 1998 as File No. 1998-0160311 of Official Records.
A Memorandum of Assignment of Contracts
Dated: March 20, 1998
Assignor: Raceway Properties, LLC, a California Limited Liability Company
Assignee: LSOF Carlsbad Land L.P., a Texas limited partnership
Recorded: March 24, 1998 as File No, 1998-0160311 of Official Records
26. A financing statement filed in the office of the county Recorder, showing:
Debtor: Raceway Properties, LLC, a California Limited Liability Company
Secured Party: LSOF Carlsbad Land, L.P., a Texas Limited Partnership
Recorded': March 24, 1998 as File No. 1998-0160312 of Official Records
27. A matter which involves claims against Buyer is pending in the U.S. District Court, Southern
District of California, entitled Raceway Properties, LLG, a California limited liabliiity Company,
Plantiff v. LSOF Carlsbad Land L.P. et al, Defendants, Case No. 02 CIV1360IEG (NLS), as
disclosed by Instrument recorded December 12, 2002 as File No. 2002-1132221.
28. Amendment to the Notice of Special Tax Lien (Notice of Annexation) recorded March 14, 2003
as File No. 2003-0289329 of Official Records.
29. The effect of a conditional certificate of compliance
Dated: 3/12/03
Executed by: City of Carlsbad
Compliance No.: Raceway Boundary Adjustment, ADJ 02-02, Parcel 1, CE 02-34
Recorded: April 15, 2003 as File No. 2003-0434039 of Official Records
Affects: the herein-described land and other land.
Conditions: as shown on said document
Reference is made to said document for full particulars.
30. An agreement to which reference is hereby made for full particulars,
Dated: June 6, 2003
By and between: LSOF Carlsbad Land L.P., a Texas Limited Partnership and J.E.
Adams Inc., a California Corporation
Regarding: Reciprocal Easement Agreement
Recorded': June 13, 2003 as File No. 2003-0701717 of Official Records
Among other things, said document provides for future easements.
Reference is made to said document for full particulars.
Page 14
File No: 03672534
31. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: J.E. Adams, Inc., a California Corporation
Purpose: temporary construction easement
Recorded: June 13, 2003 as File No. 2003-0701717 of Official Records
Affects: A Plat is attached to and made a part of said document which
indicates the location or approximate location of said easement.
32. An agreement to which reference is hereby made for full particulars,
Dated: . July 23, 2003
By and between: LSOF Carlsbad Land L.P., a Texas Limited Partnership and Palomar
Forum Associates, L.P., a California Limited Partnership
Regarding: Reciprocal Easement Agreement
Recorded': July 24, 2003 as File No. 2003-0884893 of Official Records
Among other things, said document provides for future easements
Reference is made to said document for full particulars.
33. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: Palomar Forum Associates, L.P. a California Limited Partnership
Purpose: road
Recorded: July 24, 2003 as File No. 2003-0884893 of Official Records
Affects: A Plat is attached to and made a part of said document which
indicates the location or approximate location of said easement.
END OF SCHEDULE B EXCEPTIONS
PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH
FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION
Page 15
File No: 03672534
REQUIREMENTS SECTION:
REQ NO.l: The Company will require that it be provided with a full copy of the partnership
agreement of the partnership named below, together with all supplements or amendments thereto,
before issuing any policy of title insurance.
Partnership: LSOF Carlsbad Land L.P., a Texas limited partnership
REQ NO.2: The Company will require that there be filed in the office of the Secretary of State a
certificate of limited partnership in compliance with the provisions of The California Revised Limited
Partnership Act, Section 15611, et seq., Corporations Code and that a Certified Copy thereof be
recorded.
Vestee: - LSOF Carlsbad Land L.P., a Texas limited partnership
Typist: dw3
Date Typed: September 16, 2003
Page 16
Exhibit B (Rev. 6/2/98)
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY- 1990
EXCLUSIONS FROM COVERAGE "* ' -'•• —. "
The following nutters are expressly excluded Irom the coverage of this policy and the Company win not pay loss or damage, costs, attorneys' fees or expenses which arise by reason on
1. (a) Any law, ordinance or govemmema.1 regulation (including bur not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the !and; (ii)
the character, dimensions or location of any improvement now or hereafter erected on the land (iii) a separation in ownership or a change in the dimensions or area ot" the land or any parcel of which the land is or was a~part; or (iv)
environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to [he extent ;hat a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy,
(b) Any govern rr<e ntai police power not excluded by (a) above, except to :he extenc ;hat a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affectins; the land has
been recorded in the public records at Date of Policy.
2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any caking which has occurred poor to Date of Policy which would be binding
on the rights of a purchaser for value without knowledge.
3 Defects, liens, encumbrances, adverse claims or other matters:
fa) whether or not recorded :n the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant:
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior ;o the date the insured claimant
became an insured under this policy; -
(c) Resulting in no loss or damage to the insured claimant; •
(C) Attaching or created subsequent to Date of Policy; or
(e) Resulting in loss or damage which would not have been sustained if the insured claimant had paid value 'or the insured mortgage or for the estate or interest insured by this policy.
4 L'nenforceabsiity ot the iien ot the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness to comply with the applicable doina business
laws of the state in which :he land is situated.
5 Invalidity or iinenforcsabiiiiy of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
D Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of ;he operation of federal bankruptcy, state
insolvency or similar creditors' rights laws. '
EXCEPTIONS FROM COVERAGE.- SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
L Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or
assessments. t;r notices of such proceedings, whether or not shown by ;he records of such agency or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5. (ai O'npatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the
public records.
6.
CALIFORNIA LAND TITLE ASSOCIATION
HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/98)
EXCLUSIONS
In addition :o the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting trom:
1. Govern mental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning:
a. building
b. zcnina
c. land use
J. improvements on the Land
e. land division
f. environmental protection
This exclusion does not apply to violations or ;he enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15. i6, 17 or 24.
2 The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of :he violation appears in the Public
Records at the Policy Date.
3 The right to take the Land by condemning it. unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the :akmg happened before the Policy date and is binding on You if You bought the Land without knowing of the taking.
4 Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b. that are known to You nt the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
c. that result in no loss '.Q You; or
d. that :irst occur after the Policy Date - this does not limit ;he coverage described in Covered Risk 7, Sd, 22, 23. 24 or 25.
5 Failure to say value for Your Title.
6 Lack of a riant:
11. to any iand outside the area specifically described and referred to in paragraph 3 of Schedule A; and
"b. in streeis, ailr; i. ;jr waterways that touch the land.
This Exclusion does not limit the coverage described in Covered Risk 11 or IS.
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-2-87)
EXCLUSIONS
In addition ;o the Exceptions in Schedule 3. you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1 Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning:
• Land use
• Improvements on the land
• Land division
• Environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not iimit the zoning coverage described in items 12 and 13 of Covered Title Risks.
2 The right to take the land by condemning it, unless;
• A notice of exercising the right appears ;n the public records on the Policy Date
• The taking happened'prior to ;he Policy Date and is binding on you if you bought the land without knowing of the taking
2 Title Risks:
• That are created, allowed, or agreed to by you
» That Mi known tu you. but not to us, on the Policy Date - unless they appeared in the Public Records
« That cssult In no loss 10 you
• That first affect your title after the Policy Date - this does not limit the labor and material lien coverage in item 3 of Covered Title Risks
4 Fiiiure to pay value for your tuie.
5 Lack of a right:
« To any land outside the area specifically described and referred to in Item 3 of Schedule A
OR
• [ii jtrcets, alleys, or waterways that touch vour land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH AJLTA ENDORSEMENT-FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH ALT A ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorney's fees or expenses which arise by reason of:
1. (ii) Any law, ordnance ar governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancv,
use or enjoyme.-r cfihs '-2nd; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or ar-a
of the land or any pares: of which the land is or was a part', or (iv) environmental protection, or the effect of any violation of :nese laws, ordinances or governmental regulations, except to the extent
that a notice of :he enforcement thereof or a notice of a defect, iien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of
Policy.
(b) Any governmental police power not excluded by (a) above, except to [he extent that i notice of me exercise thereof or a notice of a defect. Hen or encumbrance resulting from a violation or alleged
violation effecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has beer, recorded ;n ;he public records at Date of Policv, but not excluding from coverage any taking which has occurred prior to Date of
Policy whicii would be binding on :he rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by :he insured claimant:
(b} not known to [he Company, not recorded in the public records at Date of Policy, but known to [he insured claimant and not disclosed in writing to the Company by the insured claimant prior to the
date :he insured claimant became an insured under this policy;
(c) resulting in :io loss or damage to :he insured claimant'.
(d) attaching or creaiea subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or :o
^he extent insurance is afforded herein as 10 assessments rbr street improvements under construction or completed at Date of Policv); or
(e) resulting in icis or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
-. Unentbrceabiiity of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, ;o comply with
applicable doing business laws of the state in which me land is situated.
5. Invalidity or unentbrceability of the lien of the insured moitgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit ,-
protection or truth in lending Saw.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the iien of the insured mortgage) arising from an improvement or work
which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim which arises out of ;ne transaction creating die interest of the mortgagee insured by this Policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws,
that is based on:
(i't the transaction creating :he interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or
(u) the subordination 01 the interest of the insured mortgagee as a result of [he application of the doctrine of equitable subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a pre
(a) co timely -ecord the instrument of transfer-, or
(b) of such rscordaiion ;o impart notice to a purchaser for value or a judgment or lien creditor.
The above policy terms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage
policy will also include :he rbilow-ng General Exceptions:
EXCEPTIONS FROM COVERAGE
Th:s policy does not insure against ioss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing iiens by the records of any taxing authority that levies taxes or assessments on reai property or by the public records.
Proceedings by a public igsncy which may result in taxes or assessments, or notices ofsuch proceedings, whether or not shown by the records of such agency or by the pubic records.
2. Any facts, rights, interests ordain which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, ':or,[!ic:5 it; boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining .:iaiiris; i^b) reservations or exceptions m patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b'l
or (c) are shown by ;rre public records.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
And
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The roilowjp.g matters are expressly excluded from the coverage of this policy and the Comcanv will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any :aw, jraiiv.ncc or "ev-rrnmentai regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy,
use or -r.joymcnc of :.he land; (ii) the character, dimensions or location of any imcrovement now or hereaner erected on the land; (iii) a separation in ownership or a change in the dimensions or area
of the land or my parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent
that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a '.ioiation or alleged violating affecting the land has been recorded in the public records at Date of
. Policv.
(b) Any governmental policy power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged
violation affec::ne ;he land has been recorded in the public records Jt Date of Policy.
-. Rights of eminent domain unless notice of the exerc;sc thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Dale of
Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, !ie:is. encumbrances, adverse claims or other matters:
(a) created, juffsred. assumed or agreed to by the insured claimant'
(b) not known ^o :he Cjmpany. not recorded in the public records at Date of Poiicv, but known to the ihsursd claimant and not disclosed in writing to the Company by the insured claimant prior to the
date the insured claimant became an insured under this policy;
resulting in no less or dariage co the insured claimant;
attaching cr created subsequent to Date of Policy; or
resulting in ;oss or damage whicn would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of :he transaction vesting in the insured the estate or interest insured by the policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights
laws, that is cased sn:
(i) ;h<: transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or
(ii) the transactor: ;rej!:ng the estate or interest insured by the policy beina deemed a preferential transfer except where the preferential transfer results from the failure:
(a) :o timeiy record '.he instrument of transfer; or
(b) of sue."1, reservation ;o impart notice to a purchaser for value or ajudgment or lien creditor.
The above policy forms may je issued to afford either Standard Coverage or Extended Coverage. In addition ;o the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage
Policy will aiso include :he following General Exceptions.
EXCEPTIONS FROM COVERAGE
This policy does not insure against less or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are r.ot shown as existing liens by the records of any taxing authority that levies taxes or assessments on reai property or by the public records.
Proceedings by a public ae.ncv which may result in taxes or assessments, or notices of such proceedings, whether or not shown by ;he records of such agency or by the pubic records.
2- Any facts, rights, interests or ciaim which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
?. Easements, iiens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discreoancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shewn by the public records.
5. (a) Unparented mining daims: (b. reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matiers excepted under (a), (b)
or (c) are shown by ins public records
THIS PLA T IS PROVIUtU t-UH /WUKmx / lun Ulvi. ,, HL. i nuu a,
THE INFORMA TION ON THIS PLA T IS PART OF THE OFFICIAL
_ .RECORDS, THE ACCURACY OF THAT INFORMATION IS NOT
i inis UV'WAS pigy/«ai Von tsxssuBa'ruHfasis OMIY. No'LummY is *ssuua)'r(* wt /^McTw'Ttfim *uiir~tsst GUARANTEED BY THIS COMPANY. THIS PLAT IS NOT TO BE
~~~~~~ CONSIDERED AS BEING A PART OF THE POLICY, REPORT
BINDER, GUARANTEE, OR OTHER PRODUCT ISSUED BY THE
. COMPANY, TO WHICH IT MAY BE A TTACHED.* *
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NOTICE OF COMPLETION
• Mail to:'State Clearinghouse, P. O. Box 3 icramento, CA 95812 - (916)445-0613
Project Title: Carlsbad Raceway Business Park
Lead Agency: CITY OF CARLSBAD Contact Person: Anne Hysong
Street Address: 1635 FARADAY AVENUE Phone: (760)602-4622 City: CARLSBAD Zip: 92008
COUNTY
County: SAN DIEGO
PROJECT LOCATION:
County: San Diego City/Nearest Community:
Cross Streets: Melrose Drive/Palomar Airport Road Total Acres: 146.3
Carlsbad
Assessor's Parcel No. 221-011-03;-04;-05 and 221-010-22 Section: 12. 13. 18 Twp. 125 Range: 3W&4W Base:.
Within 2 Miles: State Hwy #: 1-5 Waterways: Pacific Ocean
Airports: McCLELLAN/PALOMAR Railways: NCTD Schools:
DOCUMENT TYPE:
CEQA:
| |
NOP
Early Cons
Mitigated
Neg Dec
Draft EIR
Supplement/Subsequent
EIR (Prior SCH No.)
Other:
NEPA: Q NOI
D EA
[] Draft EIS
[J FONSI
OTHER: Q Joint Document
| | Final Document
Other:
LOCAL ACTION TYPE:
Q General Plan Update
[>^| General Plan Amendment
| | General Plan Element
| | Community Plan
I | Specific Plan
| | Master Plan
I | Planned Unit Development
n Site Plan
|I Rezone
|| Prezone
Q Use Permit
Ex] Land Division (Subdivision,
Parcel Map, Tract Map, etc.)
I I Annexation
| | Redevelopment
[~1 Coastal Permit
[3 Other: Zone Change to Open
Space/Hillside Development
Permit
DEVELOPMENT TYPE:
| |
| |
Residential:
Office:
Commercial:
Industrial:
Educational:
Recreational:
Units
Sq. Ft.
Sq. Ft.
Sq. Ft.
Acres
Acres
Acres
Acres 146
Employees
Employees
Employees
nnnnnnnWater Facilities:
Transportation:
Mining:
Power:
Waste Treatment:
Hazardous Water:
Other:
Tvpe MGD
Type
Mineral
Tvpe Watts
Tvpe
Tvpe
PROJECT ISSUES DISCUSSED IN DOCUMENT:
Aesthetic/Visual
Agricultural Land
Air Quality
Archaeological/Historical
Coastal Zone
Drainage/Absorption
Economic/Jobs
Fiscal
I I Flood Plain/Flooding
| | Forest Land/Fire Hazard
| | Geological/Seismic
[ [ Minerals
| | Noise
| | Population/Hsg. Balance
E<] Public Services/Facilities
1X1 Recreation/Parks
| | Schools/Universities
| | Septic Systems
| | Sewer Capacity
| | Soil Erosion/Compaction/Grading
[~| Solid Waste
^ Toxic/Hazardous
g] Traffic/Circulation
^ Vegetation
^ Water Quality
Q H2O Supply/Ground H2O
^ Wetland/Riparian
£3 Wildlife
| | Growth Inducing
^ Land Use
| | Cumulative Effect
n Other:
Present Land Use/Zoning/General Plan Use
Carlsbad Raceway/Planned Industrial (P-M)TPlanned Industrial/Office (PI/O)
Project Description:
A request for a General Plan Amendment to eliminate the Office (O) General Plan Designation and redesignate proposed open space to the Open
Space (OS) General Plan Designation, a zone change to add Open Space zoning, a Tentative Tract Map, Hillside Development Permit, and Planned
Industrial Permit for an 146 acre, 25 lot, industrial subdivision with 3 open space lots on property located north of Palomar Airport Road between the
City's eastern boundary and future Melrose Drive. The project design includes a 400 foot wide north-south wildlife corridor that provides access to
an east-west wildlife corridor within the northern portion of the property. Access to the industrial lots will be provided by construction of the
remaining segment of Melrose Drive between Palomar Airport Road and the City of Vista boundary and the extension of Poinsettia Avenue from its
existing westerly terminus in the City of Vista to Melrose Drive. No industrial buildings are proposed as part of the project.
NOTE: Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (i.e., from a Notice of
Preparation or previous draft document) please fill it in. Revised October 1989
City of Carlsbad
Planning Department
MITIGATED NEGATIVE DECLARATION
Project Address/Location:
Project Description:
North side of Palomar Airport Road between future Melrose Drive and
the eastern City boundary.
A request for a General Plan Amendment to eliminate the Office (O)
General Plan Designation and redesignate proposed open space to the
Open Space (OS) General Plan Designation, a zone change to add Open
Space zoning, a Tentative Tract Map, Hillside Development Permit, and
Planned Industrial Permit for an 146 acre, 25 lot, industrial subdivision
with 3 open space lots on property located north of Palomar Airport
Road between the City's eastern boundary and future Melrose Drive.
The project design includes a 400 foot wide north-south wildlife corridor
that provides access to an east-west wildlife corridor within the northern
portion of the property. Access to the industrial lots will be provided by
construction of the remaining segment of Melrose Drive between
Palomar Airport Road and the City of Vista boundary and the extension
of Poinsettia Avenue from its existing westerly terminus in the City of
Vista to Melrose Drive. No industrial buildings are proposed as part of
the project.
The City of Carlsbad has conducted an environmental review of the above described project pursuant to
the Guidelines for Implementation of the California Environmental Quality Act and the Environmental
Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2)
identified potentially significant effects on the environment, but (1) revisions in the project plans or
proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial
study are released for public review would avoid the effects or mitigate the effects to a point where
clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in
light of the whole record before the City that the project "as revised" may have a significant effect on the
environment. Therefore, a Mitigated Negative Declaration is hereby issued for the subject project.
Justification for this action is on file in the Planning Department.
A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning
Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited.
Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you
have any questions, please call Anne Hysong in the Planning Department at (760) 602-4622.
DATED:
CASE NO:
CASE NAME:
PUBLISH DATE:
JULY 15, 2001
GPA 98-05/LFMP 87-18(B)/CT 98-10/HDP 98-09/PIP 01-01
CARLSBAD RACEWAY BUSINESS PARK
JULY 15, 2001
MICHAEL J. HOLZMILL^R
Planning Director
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us