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Home My WebLink AboutCUP 00-19; GTE WIRELESS - COLLEGE & EL CAMINO REAL; Conditional Use Permit (CUP)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT IFOR DEPARTMENT USE ONLY) USE ONLY) □ Administrative Permit -2nd □ Planned Industrial Permit Dwelling Unit □ Administrative Variance □ Planning Commission Determination s Coastal Development Permit 00-~Z-□ Precise Development Plan ~ Conditional Use Permit rn-;q □ Redevelopment Permit □ Condominium Permit □ Site Development Plan Ix) Environmental Impact □ Special Use Permit Assessment □ General Plan Amendment □ Specific Plan □ Hillside Development Permit □ =l=eA~afii,1e PeFeel MaJ3 Obtain from Engineering Department □ Local Coastal Plan Amendment □ Tentative Tract Map □ Master Plan □ Variance □ Non-Residential Planned □ Zone Change Development .. ---- □ Planned Development Permit □ List other applications not soecified ASSESSOR PARCEL NO(S).: 212-050-43 PROJECT NAME: GTE Wireless --College & El Camino 2) 3) 4) BRIEF DESCRIPTION OF PROJECT: Telecommunications facility with antennas ,-,==-====--=-===========-.-======--~~--.a·-··~--- 51 OWNER NAME (Print or Type) Cabot Industrial Properties, LP MAILING ADDRESS 2 Center Plaza 6) APPLICANT NAME (Print or Type) GTE Wireless MAILING ADDRESS c/o JM Consul ting Grou Attn: Ted Marioncelli 6691 Convo Court CITY AND STATE Boston, MA ZIP 02108 TELEPHONE CITY AND STATE ZIP TELEPHONE I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE San Diego, CA 92111 858-627-4183 I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER A THAT ALL THE ABOVE INFORMATION IS TRUE AND ~T THE BES,T OF MY K OWLEDGE. I/_ ~L..../--'4-t,Ia~~ ....... ·-'-I c/rlt) SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION Por. Lot "F", Rancho Agua Hedionda, Map 823, 11/16/189 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: ON THE BETWEEN 5823 Newton Drive STREET ADDRESS North (NORTH, SOUTH, EAST, WEST) Faraday Ave. (NAME OF STREET) SIDE OF AND Newton Drive (NAME OF STREET) El Camino Real (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 170 11) NUMBER OF EXISTING l...::_J RESIDENTIAL UNITS ["""-----::-l 12) PROPOSED NUMBER OF L...2:._J RESIDENTIAL UNITS EJ D EJ 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING D 14) PROPOSED IND OFFICE/ D 15) PROPOSED COMM SQUARE FOOTAGE SQUARE FOOTAGE ~ 17) PROPOSED INCREASE IN ~ 18) PROPOSED SEWER ~ ADT l....2:._J USAGE IN EDU r,-;-:J. 2 20) EXISTING GENERAL l'....'.:..:.._ PLAN I Ind., 21I PROPOSED GENERAL ~ PLAN DESIGNATION C~ g 23) PROPOSED ZONING E3ange 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 ~TR"\FJR THIS \URPOSE dd...--A~L. SIGNATURE FOR CITY USE ONLY FEE COMPUTATION TOTAL FEE REQUIRED DATE FEE PAID Form 16 I I APR I I 2000 CITY OF CARLSBAD PLANNING DEPT. DATE STAMP APPLICATION RECEIVED RECEIVED BY: RECEIPT NO, PAGE 2 OF 2 -I • • ♦ SUPPLEMENTAL APPLICATION FORM FOR COASTAL DEVELOPMENT PERMITS ♦ APPLICATION CHECKLIST FOR SINGLE FAMILY REGULAR & MINOR COASTAL DEVELOPMENT PERMITS (Application checkftStforNon-Single Family RegularCoaslal Cle,e/oplnent Permits cowred undersepara/B handout) This supplemental application is to be filed for any development requiring a Coastal Development Permit issued by the City of Carlsbad. I. GENERAL BACKGROUND A. Estimated Cost of Development: B. Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The Planning Director shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the Planning Director). ⇒ New Residential Square Footage: ______ square feet x $78.00/sq. ft. = $ ______ _ ⇒ Residential Addition Square Footage: ______ square feet x $94.00/sq. ft.=$ ______ _ ⇒ Any Garage Square Footage: ______ square feet x $22.00/sq. ft. = $ ______ _ ⇒ Residential Conversion Square Footage: ______ square feet x $26.00/sq. ft. = $ ______ _ ⇒ For Non-Residential Uses, use the following figures for calculations: Retail/Store @ $38.00/sq. ft.; Restaurant @ $69.00/ sq. ft.; Office @ $55.00/ sq. ft.; Manufacturing/Warehouse@ $24.00/sq. ft.: Lf:J..S-square feet x $ /sq. ft. = $ ______ _ COST OF DEVELOPMENT ESTIMATE: $_.~~·"-1J.,_1 _ff11.:.....:;..(J ______ _ Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000) __ _ 2. A Regular Coastal Development Permit ($60,000 or more) ✓ C. Street address of proposed development Form 15 3/00 Page 1 of7 , , • D. Assessor's Parcel Number of proposed development 211,. -OstJ-1/3 E. Development Description: Briefly describe project: /EL1;7·Qm/11 UNr CIITJ()Jf)S Ettc:1 t--/ T'f l,rz fl/ fh,J7lw,IAl/if. Hk-11.-1 '[y: 11111.-t-8G' ,J;V/M/11VAIO. Alew ltV1f'l2ov0191/TS 78711-t--p{: s,:_ F. Describe the present land uses (i.e. Vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: G. North: Jlt'if 11J0,iT I ltv South: INDll5J7lrth- East: V,tlAtvr West: / Al t)ll'i TJ?t ,1-z,.. Is project located within a 100 year flood plain? Oves g,--No II. PRESENT USE OF PROPERTY A. B. Are there existing structures on the property? If yes, please describe. IAll>1/zU?lflt-I lf1/t-Alt1FA-C11//l1tl/C, I B'ves D No /.Jfllt-Dr Al§ o£ 12.,{i 7~ / s~ Will any existing structure be removed/demolished? Oves ~No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). Ill. LOT COVERAGE A Existing and Proposed Existing New Pro11o§ed Total Building Coverage I J...', 7~ ' sq. ft. -fr sq. ft. /,->t 7b I sq. ft. Landscaped Area sq. ft. sq. ft. sq. ft. Hardscape Area sq. ft. sq. ft. sq. ft. Unimproved Area (Left Natural) sq. ft. sq. ft. sq. ft. Form 15 3/00 Page 2 of? • , B. C. Form 15 Parking: • Number of existing spaces Number of new spaces proposed Existing/Proposed TOTAL: Number of total spaces required Number of covered spaces Number of uncovered spaces Number of standard spaces Number of compact spaces • Is tandem parking existing? OYes#_ @No Is tandem parking proposed? OYes#_ W'No Grade Alteration: OYes ~o Is any grading proposed? If yes, please complete the following: 1. Amount of cut ___ ----'~--------- 2. Amount of fill ____ _,,-&-,__ ________ _ Maximum height of fill slppe __ O _______ _ Maximum height of cut slope __ .'()"-------- Amount of import or export ___ ..fr _______ _ cu. yds. cu. yds. feet feet cu. yds. 3. 4. 5. 6. Location of borrow or disposal site _-fr __ -__,_;./-'A---'--'-------- 3/00 Page 3 of7 CABOT INDUSTRIAL March 20, 2000 GTE Wireless of the Pacific c/o Bob Radke JM Consulting Group, L.P. 120 Cremona Drive Goleta, CA 93117-5511 RE: Real Property 5823 Newton Drive Carlsbad, California Dear Bob: ANDREW G. LESTAGE V= President VIA FACSIMILE# (8S8) 627-4181 Cabot Industrial Properties, L.P. is the owner of \he above property, and I am an officer of that company. This letter shall serve as notice to GTE Wireless of tho Pacific and local permitting agencies that Cabot Industrial Properties, L.P. authorizes GTE Wireless of the Pacific and its agent JM Consulting Group, L.P. to submit and process all necessary permit applications for a telecommunications facility at the above property. Please call me directly with any questions at ( 617) 624-6906. A~~ - Andrew LeStage ~ CABOT INDUSTRIAL TRUST Two Center Plaza, Suite 200, Boston, Massachusetts 02108-1906 (617) 6246906 FAX (617) 722-8237 alestage@eabottrust.com Consulting Group, Inc. TLLLCClMldl_,:J\,'l< .\Tllll\::.:. City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 -- RECENED APR t 1 2000 CITY OF CARLSBAD PLANNING DEPT. April 7, 2 000 SUBJECT: Submittal for GTE Wireless Communication Facility, 5823 Newton Drive, APN 212-050-43; Site Number GTECA 1136 To Wbom It May Concern: JM Consulting Group is pleased to submit on behalf of its client, GTE Wireless, an application for an unmanned telecommunication facility at 5823 Newton Drive. GTE Wireless is a regional wireless telephone service and is continuing the buildout of its wireless phone network in the San Diego area. Project Description The proposed telecommunication facility consists of twelve antennas mounted behind a new 15'x15'x10' rooftop screen. Although the rooftop screen is proposed to project ten feet from the rooftop, the new screen will be set back from the east side of the building approximately 26 feet. The viewing angle of the antenna screen in this rooftop location will obscure its visibility from ground level. The antennas will be mounted behind the screen in order to hide their visibility from even distant views of the rooftop. A photo simulation was prepared for your review from the east elevation of the building. The base transceiver station (BTS) equipment will be installed within the existing building on the first floor. The equipment room will be 200 square feet in size and house the base transceiver equipment. Land Use The site is zoned P-M in the City of Carlsbad and is primarily used for manufacturing and warehouse. There are no other wireless facilities on the property. • Site Selection This site was selected due to its strategic location and the ability to provide needed coverage along El Camino Real from Hidden Valley Road to College Avenue as well as the surrounding industrial and residential areas. Please contact me at 858-627-4183 or 760-801-0202 if you have any questions concerning this proposal. Sincerely, Ted Marioncelli Land Use Planner City of Carlsbad ■ :;;e; ,; , 11, 1-1 •tA •E;,;, ,IA,,, DISCLOSURE STATEMENT Applicanfs statement or disclosure of certain ownership interests on all applications which will require discretionary action on the pan of the City Council or any appointed Board. Commission or Committee. The-following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, finn, co-pannership, joint venture, assoc,anon. social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county. city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or pannership. include the names. title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON- APPLICABLE (NIA) IN THE _SPACE BELOW. If a publiclv-owned corporation. include the names. titles. and addresses of the corporate officers. (A separate page may he attached if necessary.) Person ____________ _ Corp/Pan GTE Wireless, Pacific Southwest Title ______________ _ Title _______________ _ Address Address 12677 Alcosta Blvd .. ------------San Ramon, CA 94583 OWNER (Not the owner·s al!ent) Provide th~ COMPLETE, L!GAL names and addresses of ALL persons having any ownership interest in the propeny involved. Also. provide the nature of the legal ownership (i.e. pannership. tenants in common. non-profit. corporation. etc.). If the ownership includes a corporation or pannership. include the names. title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN I 0% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names. titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ____________ _ Title -------------- Address ____ ~------- Corp/Pan Cabot Industrial Properties, L. P. Title _______________ _ AddressTwo Center Plaza, Ste. 200 Boston, MA 02108-1906 2075 Las Palmas Dr.• Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 • ,,~~. 3. NON-PROFIT OR~ZATION OR TRUST If any person identified pursuant to (I) or (2) above is a nonprofit organization or a trust. list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust. ___ ~----Non Profit/I rust ·----------Title ____________ _ Title. _____________ _ Address. ___________ _ Address, _____________ _ 4. Have you had more than $250 worth of business transacted with any member of Cit~ staff. Boards. Commissions. Committees and/or Council within the past twelve ( 12) months0 0 Yes 0 No If yes, please indicate person(s): ______________ _ NOTE: Attach additional sheets if necessary. I certify that all "the above information is true and correct to the best ofmy knowledge. Signature of owner/date Print or type name of owner Signature of owneriapplicant" s agent if applicable/date Ted Marioncelli Prmt or type name of ownertapplicant" s agent H,ADMIN\COUNTER\DISCLOSURE STATEMENT 5198 ~-th~-i/1/rJ~ Signature of applicant/date Ted Marioncelli, JM Consulting Group Print or type name of applicant Agent for GTE Wireless RECEIVED APR I I 2000 CITY OF CARLSBAD PLANNING DEPT. Paqe 2 of 2 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: GTE Wireless--College & El Camino APPLICANT NAME: ----'G_T_E_w_i_r_e_1_e_s_s __________________ _ Please describe fully the proposed project. Include any details necessary to aoequately explain the scope and/or operation of the proposed project. You may also ,ncluoe any background information and supporting statements regarding the reasons for. er appropriateness of, the application. Use an addendum sheet it necessary. Description/Explanation. GTE Wireless proposes to construct, operate and maintain a telecommunica- tion facility consisting of twelve antennas and base trAnsceiver equipment. The antennas will be mounted behind a new rooftop screen 15'Lx15'Wx10'H. The base transceiver equipment will be installed within existing first floor space within the existing industrial building. Coaxial cables for the antennas will run from the equipment to the antennas. Rev. •1V1 RECEIVED APR f f 2000 CITY OF CARLSBAD PLANNING DEPT. ProjO..c .frm City of Carlsbad I REI ,■,II, I· I •JA •Flil, ,I§ ,I I HAZARDOUS WASTE AND SUBSTANCES STATEMENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Wastes and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): □ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. The development project and any alternatives proposed in this application m contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: _______________ _ Name: ____________ _ Address: ______________ _ Address: ------------- Phone Number: ____________ _ Phone Number: _________ _ Address of Site: ______________________________ _ Local Agency (City and County): _______________________ _ Assessor's book, page, and parcel number: ____________________ _ Specify list(s): _____________________________ _ Regulatory Identification Number: ________________________ _ Date of List: _______________________________ _ Applicant Signature/Date Admin/Counter/HazWaste Property Owner Signature/Date 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ C The Hazardous Waste and Substances Sites (Cortese List) is a planning document used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. Government Code section 65962.5 requires the California Environmental Protection Agency to develop at least annually an updated Cortese List. Below is a list of agencies that maintain information regarding Hazardous Waste and Substances Sites. · Department of Toxic Substances Control www.dtsc.ca.gov/database/calsites Calsites Hotline (916) 323-3400 State Water Resources Control Board www.swrcb.ca.gov/cwphome/lustis County of San Diego Certified Unified Program Agency (CUPA) Mike Dorsey Chief, Hazardous Materials Division Department of Environmental Health Services Hazardous Materials Management Division Mailing address: P.O. Box 129261 San Diego, CA 92112-9261 (619) 338-2395 Call Duty Specialist for General Questions at (619) 338-2231 fax: (619) 338-2315 www.co.san-diego.ca.us Integrated Waste Management Board www.ciwmb.ca.qov 916-255-4021 Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.gov/superfund/sites/cursites (800) 424-9346 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm 5/19/03 RECEIVED;NVIRONMENTAL IMPACT ASSESSMENT FORM-PART I APR 1 1 2000 CITY OF CARLSBAD PLANNING DEPT. BACKGROUND (TO BE COMPLETED BY THE APPLICANT) CASE NO: ________ _ DATE RECEIVED: ----------(To be completed by staff) I. CASENAME: GTE Wireless --College & El Camino 2. APPLICANT: GTE Wireless, c/o JM Consulting Group 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 6691 Convoy Court, San Diego, CA 92111; 858-627-4183 4. PROJECT DESCRIPTION: GTE Wireless is proposing to construct, operate and maintain a telecommunications facility consisting of twelve panel antennas and base transceiver equipment (BTS) located in existing first floor space. The antennas will be located behind a new rooftop screen approximately 15'Lx15'Wx10'H. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Please check any of the environmental factors listed below that would be potentially affected by this project. This would be any environmental factor that has at least one impact checked "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" in the checklist on the following pages. O Land Use and Planning O Population and Housing 0 Geological Problems O Water O Air Quality 0 Transportation/Circulation 0 Biological Resources 0 Public Services 0 Utilities & Service Systems O Energy & Mineral Resources O Aesthetics O Hazards O Noise 0 Cultural Resources O Recreation O Mandatory Findings of Significance I Rev. 03/28/96 Issues (and Supporting Infonnation Sources): (Supplemental documents may be referred to and attached) I. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): ( ) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ( ) c) Be incompatible with existing land use in the vicinity? ( ) d) Affect agricultural resources or operations ( e.g. impacts to soils or fannlands, or impacts from incompatible land uses? ( ) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? ( II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ( ) b) Induce substantial growth in an area either directly or indirectly ( e.g. through projects in an undeveloped area or extension of major infrastructure)? ( ) c) Displace existing housing? ( housing, especially affordable ) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) b) Seismic ground shaking? ( c) Seismic ground failure, including liquefaction? ( ) d) Seiche, tsunami, or volcanic hazard? ( ) e) Landslides or mudflows? ( ) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? ( ) g) Subsidence of the land? ( h) Expansive soils? ( i) Unique geologic or physical features? ( ) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? ( ) b) Exposure of people or property to water related hazards such as flooding? ( ) 4 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Less Than Significan t Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ No Impact Rev. 03/28/96 ' Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) c) Discharge into surface waters or other alteration of surface water quality ( e.g. temperature, dissolved oxygen or turbidity)? ( ) d) Changes in the amount of surface water in any water body? ( ) e) Changes in currents, or the course or direction of water movements? ( ) f) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ( ) g) Altered direction or rate of flow of groundwater? ( ) h) Impacts to groundwater quality? ( i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? ( ) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ( ) b) Expose sensitive receptors to pollutants? ( ) c) Alter air movement, moisture, or temperature, or cause any change in climate? ( ) d) Create objectionable odors? ( ) VI. TRANSPORT A TI ON/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ( ) b) Hazards to safety from design features ( e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? ( ) c) Inadequate emergency access or access to nearby uses? ( ) d) Insufficient parking capacity on-site or off-site? ( ) e) Hazards or barriers for pedestrians or bicyclists? ( ) f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? ( ) g) Rail, waterborne or air traffic impacts? ( ) 5 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Less Than Significan t Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ No Impact Rev. 03/28/96 Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) Vil. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? ( ) b) Locally designated species (e.g. heritage trees)? ( ) c) Locally designated natural communities ( e.g. oak forest, coastal habitat, etc.)? ( ) d) Wetland habitat (e.g. marsh, riparian and vernal pool)? ( ) e) Wildlife dispersal or migration corridors? ( ) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? ( ) b) Use non-renewable resources in a wasteful and inefficient manner? ( c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? ( ) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? ( ) b) Possible interference with an emergency response plan or emergency evacuation plan? ( ) c) The creation of any health hazard or potential health hazards? ( ) d) Exposure of people to existing soutces of potential health hazards? ( ) e) Increase fire hazard in areas with flammable brush, grass, or trees? ( ) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ( ) b) Exposure of people to severe noise levels? ( ) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( ) b) Police protection? ( ) c) Schools? ( ) 6 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Less Than Significan t Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ No Impact Rev. 03/28/96 Issues (and Supporting lnfonnation Sources): Potentially Potentially Less Than No (Supplemental documents may be referred to and attached) Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated d) Maintenance of public facilities, including roads? □ □ □ ~ ( ) e) Other governmental services? ( □ □ □ 8f XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? ( ) □ □ □ @ b) Communications systems? ( ) □ □ □ ~ c) Local or regional water treatment or distribution □ □ □ [81 facilities? ( d) Sewer or septic tanks? ( □ □ □ [}g e) Stonn water drainage? ( ) □ □ □ ~ t) Solid waste disposal? ( ) □ □ □ l8J g) Local or regional water supplies? ( ) □ □ □ 129' Xlll. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? □ □ □ ~ ( ) b) Have a demonstrate negative aesthetic effect? □ □ □ ~ ( ) c) Create light or glare? ( ) □ □ □ ~ XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ( ) □ □ □ ~ b) Disturb archaeological resources? ( ) □ □ □ ~ c) Affect historical resources? ( □ □ □ El d) Have the potential to cause a physical change which □ □ □ [29 would affect unique ethnic cultural values? ( ) e) Restrict existing religious or sacred uses within the □ □ □ gJ potential impact area? ( ) XV.RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional □ □ □ parks or other recreational facilities? ( ) b) Affect existing recreational opportunities? □ □ □ ( ) 7 Rev. 03/28/96 Issues (and Supporting Information Sources): Potentially Potentially Less Than No (Supplemental documents may be referred to and attached) Significant Significant Significan Impact XVI. a) b) c) XVII. Impact Unless t Impact Mitigation Incorporated MANDATORY FINDINGS OF SIGNIFICANCE. Does the project have the potential to degrade the □ □ □ quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually □ □ □ limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Does the project have environmental effects which will □ □ □ cause the substantial adverse effects on human beings, either directly or indirectly? EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 8 Rev. 03/28/96 ' ' DISCUSSION OF ENVIRONMENTAL EVALUATION Please use this area to discuss any of the environmental factors that were checked "No impact" yet lack any information citations and any factors that were checked "Potentially Significant Impact" or "Potentially Significant Impact Unless Mitigation Incorporated." The City has adopted a "Statement of Overriding Consideration" with regard to air quality and circulation impacts resulting from the normal buildout according to the General Plan. The following sample text is intended to guide your discussion of the impacts to these environmental factors. AIR QUALITY: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide. reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a "non-attainment basin", any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: I) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; J) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a "non-attainment basin", therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation ofan EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246. included a "Statement Of Overriding Considerations" for air quality impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. CIRCULATION: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections 9 Rev. 03/28/96 • are projected to fail the City's adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. LIST OF MITlGA TING MEASURES {IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) 10 Rev. 03/28/96 L A W Y E R S T I T L E C O M P A N Y 4542 Ruffner Street, Suite 200, San Diego, CA 92111 Telephone (858) 278-4171· PRELIMINARY REPORT JM Consulting 6691 Convoy Court San Diego, CA Attention: Bernice Jimenez Escrow Officer: Telephone: 627-4187 Fax: Your No.: GTECA1136/Cabot Industr Our No.: 274461-02 Property Address: Title Officer: Andre Pitchford, X#417 or 418 Title Unit's FAX (858) 279-8914 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, LAWYERS TITLE COMPANY, a California Corporation, he~eby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Lawyers Title Insurance Corporation Policy or Pol~cies of Title Insurance describing the land and the estate or interest there~~ hereinafter Set forth, insuring against loss which may be sustained by reasc~ of any defect, lien, or encumbrance not shown or referred to as an Exception :.n Schedule B ·or not excluded from coverage pursuant to the printed Schedules, Conditions and Stip- ulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached Exhibit 1. Copies of the Policy forms should be read. They are available from the office ·;::.ich issued this report. Please read the exceptions shown or referred to in Schedule B of this report and the exceptions and exclusions set forth in the cover sheet attached to this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the te~ 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 conditions of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERE7C) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY C: TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT L:ABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BIICER OR COMMITMENT SHOULD BE REQUESTED. CLTA Preliminary Report (Rev. 1-1-95) ORDER NO.: 274461-02 SCHEDULE A Date of Report: 02/29/00 at 7:30 A.M. The form of policy of title insurance contemplated by this report is: 1. The estate or interest in the land hereinafter described or referred to covered by this report is, A FEE as to Parcels 1 and 2; AN EASEMENT as to Parcels lA and 1B. 2. Title to said estate or interest at the date hereof is vested in: Cabot Industrial Properties, L.P., a Delaware limited partnership 3. The land referred to in this report is situated in the State of California, County of San Diego , and is described on the attached Exhibit A. ORDER NO., 274461-02 EXHIBIT A (LEGAL DESCRIPTION) Parcel 1, All that portion of Lot "F" of Rancho Aqua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, described as follows, Commencing at Point 23 of said Lot 11 F11 as shown on said Map No. 823; thence South 54'10'08" East along the Northerly line of said Lot "F", a distance of 807.00 feet to the most Easterly corner of the lands conveyed by Charles Kelly to Elmer Carpenter by deed recorded June 1, 1937 in Book 622, page 755 of Official Records, records of said county; thence continuing South 54°10'08" East along the Northerly line of said Lot 11 F11 1 a distance of 540.00 feet; thence South 35°49'52" West at right angles to the Northerly line of said Lot 11 F 11 , a distance of 1166.23 feet to the True Point of Beginning of the parcel herein described; thence continuing South 35°49'52" West, a distance of 1091.51 feet to the boundary of the land described under Parcel 1 in Final Judgment in Partition recorded March 24, 1965 as· File/Page No. 52516 of Official Records of said county; thence North 52°32'2111 West along said boundary, a distance of 478.72 feet; thence leaving said boundary at right angles North 37°27'39" East, a distance of 740.00 feet; thence at right angles North 52'32'21" West, a distance of 294.32 feet; thence at right angles South 37°27'39 11 West, a distance of 321.90 feet; thence at righ= angles North 52°32'21 11 West, a distance of 597.36 feet to an intersection with said boundary of said Parcel 1 described in Instrument No. 52516 of Official Records, which is a point on a non-tangent circular curve, concave Southeasterly and having a radius of 600.00 feet, a radial line bears North 67°36'49" West to said point; thence Northeasterly along the arc of said curve and along said boundary, a distance of 209.70 feet through a central angle of 20°01'31"; thence North 42°24'42" East, a distance of 429.16 feet; thence South 54°10'08" East 1321.26 feet to the True Point of Beginning. Excepting therefrom that portion lying within Carlsbad Tract No. 83-25, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11278, filed in the Office of the County Recorder of San Diego County, July 9, 1985. Parcel lA, An easement and right of way, together with the right to convey same to others for ingress and egress for road purposes over, along and across a strip of land 40.00 feet in width lying within Lot "F" of Rancho Agua Hedionda, in tJ::e County of San Diego, State of California, according to Map thereof No. 823, filed in tJ::e Office of the County Recorder of San Diego County, November 16, 1896, the center line c= said 40.00 foot strip being described as follows, Order No.: 274461-02 LEGAL DESCRIPTION (Continued) Beginning at a Point 1 of said Lot 11 F" as shown on said map; thence 25°01'05 11 East (record 24'45'00" East) distance of 229.00 feet to a point which point is designated on said map as Point 23 of Lot 11 F11 ; this point being the True Point of Begi:-.ning and which point is the most Northerly corner of lands conveyed by Charles Kelly to Elmer Carpenter by deed recorded June l, 1937 in Book 622, page 755 of Official Records, in the Office of the County Recorder of San Diego County, the said Carpenter land being now known as Robert E. Hick's property; thence along the Westerly and Northwesterly boundary of said Carpenter (Hicks) land as follows: South 11'51'12" West, 315.60 feet to an angle point; and South 42°55'37" West 374.50 feet to the most Westerly corner of said land; thence South 54°10'08" East, a distance of 2.14 feet along the Southern boundary of the Hick's property to the center li~e of the water line easement previously granted to the Carlsbad Municipal Water District and known as Line "D" of the C.M.W.D.; thence South 42°38'52" West, on and along the !l"ortheasterly boundary of the Allen Parcel No. 1 described in Exhibit "A" of said Document No. 236220 of Official Records (and oil and along the center line of said Line 11 D11 of the C.M.W.D.), a distance of 938.72 feet to the beginning of a tangent curve, concave Southeasterly and having a radius of 600.00 feet; thence Southwesterly along the curve of said arc 269.80 feet to a point; thence South 16°38'52" West 386.15 feet to the Southweste~ly corner of the said Dye property described in aforementioned Document No. 236219 of Official Records; thence South 52'32'21" East (on and along the Southwesterly bo=dary of the said Dye property and continuing on the same bearing along the Southwesterly boundary of the Allen Portion 2 described in Exhibit "A" of aforementioned Document No. 236200) a total distance on this bearing of 1214.69 feet to the most Southeasterly co=er of said Allen Portion 2 which is the most Southerly terminus of this easement. Excepting therefrom from any portion lying within Parcel 1. Excepting that portion lying Northeasterly of the Southwesterly line of Road Survey No. 1800-1 as described in deed to the County of San Diego, recorded October 29, 1969 as File/Page No. 198734 of Official Records of said county. Parcel 1B: An easement for pedestrian and vehicular ingress and egress over a por~~o~ of Lot 93, Map No. 12£15, as more specifically set forth in that certain document ent~~led "Temporary Grading, Construction and Access Easement 11 , recorded June 10, 1998 as ?~le/Page No. 1998-0352324 of Official Records. Parcel 2: All that portion of Lot "F" of Rancho Aqua Hedionda, in the City of Car:sbad, County of San Diego, State of California, according to Map thereof No. 823, filed i~ the Office of the County Recorder of San Diego County, November 16, 1896, described as follows: Commencing at Point 23 of said Lot "F" as shown on said Map No. 823; t!!e::ce South Order No.: 274461-02 LEGAL DESCRIPTION (Continued) 54°10'08" East (record South 53°52'00 11 East) along the Northerly line of said Lot 11 F11 , a distance of 807.00 feet to the most Easterly corner of the land conveyed by Charles Kelly to Elmer Carpenter by deed recorded June l, 1937 in Book 622, page 755 of Official Records, records of said County and the True Point of Beginning of the parcel herein described; thence continuing South 54°10'08" East along the No,::therly line of said Lot 11 F11 1 a distance of 540.00 feet; thence South 35°49'52 11 West at right angles to the Northerly line of said Lot 11 F 11 , a distance of 1166.23; thence North 54°10'0811 West, a distance of 1321.26 feet to the boundary of the land described under Parcell in Final Judgment in partition recorded March 24, 1965 as File/Page No. 52516 of Official Records of said county; thence North 42°24'42" East along said boundarj', a distance of 509.59 feet to the Southwesterly line of said Carpenter lands; thence South 54°10'08" East along the Southwesterly line of said Carpenter land, a distance of 722.86 feet; more or less, to the Southeasterly line of said Carpenter land; thence North 35°49'52" East along the Southeasterly line of said Carpenter land; a distance of 660.00 feet to the True Point of Beginning. Excepting therefrom that portion lying within Carlsbad Tract No. 83-25, in the City of Carlsbad, County of San Diego, State of California, according ~o Map thereof No. 11278, filed in the Office of the County Recorder of San Diego County, July 9, 1985. Also excepting therefrom that portion conveyed to the environmental trust by Grant Deed recorded June 10, 1998 as File/Page No. 1998-0352323 of Official Records more particularly described as follows: That portion of Lot 11 F11 of Rancho Agua Hedionda, in the City c:: Carlsbad, County of San Diego, State of California, as shown on Map No. 823, filed in ~~e Office of the County Recorder of said County, described as follows: Beginning at the Easterly terminus of that certain course desig:1.ated as South 89°50'06 11 East 1094.39 feet on the Southerly line of Carlsbad Tract No. 83-25, according to Map thereof No. 11278, filed in the Office of the County Recorder of San Diego County; thence continuing along a portion of said Southerly line North 71°02'~2" East 128.42 feet to the True Point of Beginning; thence continuing North 71°02'42 11 Eas~ 452.78 feet -to a point on the Northwesterly line of Record of Survey Map No. 8467, filed in the Office of the County Recorder of San Diego County, thence along said line So·.:~:i 35°50'50" West 370.00 feet; thence leaving said Northwesterly line North 54°09'10" Wes, 260.98 feet to the True Point of Beginning. END OF SCHEDULE A ORDER NO.: 274461-02 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1. 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 2000-2001 which are a lien not yet payable. 2. Property taxes, including any assessments collected with taxes levied for the fiscal year 1999-2000 which are a lien. Second Installment: Now Due and Payable. 3. The lien of a "Special Tax11 pursuant to Government Code, Section 53328.3 and Streets and Highways Code Section 3114.5 or other Community Facilities Assessments, as provided by Municipal Code which is collected with the County (and City) General and Special Taxes. 4. 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 2000. 1st installment: Penalty: All due and payable: Delinquent: 2nd installment, Penalty, All due and payable: Delinquent: Assessor's No: $23,677.21 Open (Delinquent) $2,367.72 01/31/00 01/31/00 $23,677.21 Open $none 05/31/00 05/31/00 899-625-48-59 5. 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 2000. 1st installment: -·Penalty: All due and payable: Delinquent: 2nd installment: Penalty: All due and payable: Delinquent: Assessor's No: $10,915.44 paid $none 02/28/00 02/28/00 $10,915.44 open $none 06/30/00 06/30/00 899-080-18-89 ORDER NO.: 274461-02 SCHEDULE B (continued) 6. 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 2000. 1st installment: Penalty: All due and payable: Delinquent: 2nd installment: Penalty: All due and payable: Delinquent: Assessor's No: $988.54 paid $none 02/28/00 02/28/00 $988.54 open $none 06/30/00 06/30/00 899-080-18-99 7. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Barbara Jean Higdon Purpose: Recorded: Affects: road December 31, 1969 as File/Page No. 236220 of Official Records That portion of Parcel 1 lyi~g within Parcel lA herein described Said easement has been granted and reserved in various deeds of record. 9. A ·Record of Survey Map purporting to show various tcundaries and dimensions of said land. 10. Map No .. : An agreement to which Dated: By and between: Regarding: Recorded: 9670 reference is hereby made for :ull particulars December 3, 1982 City of Carlsbad and Ivar K.V., a Netherlands Antilles Corporation payment of a public facilities fee December 15, 1982 as File/?age No. 82-383348 of Official Records 11. An agreement to which Dated, By and between, Regarding, Recorded, ORDER NO., 274461-02 SCHEDULE B (continued) reference is hereby made for full particulars August 10, 1987 Ivar N.V., a Netherlands Antilles Corpo=ation and Camino Hills Homeowners Association easement agreement November 3, 1987 as File/Page No. 87-617784 of Official Records 12. The terms and conditions of that certain offer to dedicate a portion of Lots 93 and 94 (Newton Drive) and rejection thereof by the City of Carlsbad on behalf of the public, all as set forth on Carlsbad Tract No. 85-24, and recorded as Map No. 12815 on May 16, 1991 as File/Page No. 1991-234162 of Official Records of San Diego County Recorder. 13. Notice of Special Tax Lien pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code, the undersigned City Clerk of the legislative body of the City of Carlsbad, Community Facilities District No. 1, State of California recorded May 20, 1991 as File/Page No. 1991-0236959 of Official Records. 14. An unrecorded Lease with certain terms, covenants, conditio~s and provisions set forth therein 15. Lessor: Lessee: Disclosed by, Recorded, Industrial Developments International, Inc., a Delaware corporation Graham Webb International Limited Partnership, a Minnesota limited partnership Memorandum of Lease May 22, 1998 as File/Page No. 1998-Q305171 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. Covenants, Recorded, conditions and restrictions as set forth in the document June 10, 1998 as File/Page No. 1998-0352321 of Official Records. NOTE: This exception omits any covenant, condition or rest=iction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law lb) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped peop:e. ORDER NO.: 274461-02 SCHEDULE B (continued) 16. The terms and conditions of that certain Document entitled "Temporary Grading, Construction and Access Easement" by and between Real Estate 3, LLC, a California Limited Liability Company and Industrial Developments International, Inc., a Delaware corporation recorded June 10, 1998 as File/Page No. 1998-0352324 of Official Records. 17. An easement for in a document Granted to: Purpose: Recorded: Affects: the purpose shown below and rights incidental thereto as set forth San Diego Gas and Electric, a corporation transmission and distribution of electricity and gas July 29, 1998 as File/Page No. 1998-0472961 of Official Records A strip of land, including all of the area lying between the exterior sidelines, which sidelines shall be 3 feet, measured at right angles, on each exterior side of each and every facility installed within said property on or before September 1, 1999 18. An agreement to which reference is hereby made for full particulars 19. Dated: May 27, 1998 By and between: Regarding: Recorded: An agreement to which Dated: By and between: Regarding: Recorded: Industrial Developments International, Inc., a Delaware corporation and The City of Carlsbad hold harmless agreeme~t geological failure November 12, 1998 as File/Page No. 1998-0734564 of Official Records reference is hereby made for full particulars May 27, 1998 Industrial Developments I~ternational, Inc., a Delaware corporation and the City of Carlsbad hold harmless agreement d=ainage November 12, 1998 as File/Page No. 1998-0734565 of Official Records 20. Notice of Restriction on Real Property, recorded December 28, 1998 as File/Page No. 1998-0849850 of Official Records. ORDER NO.: 274461-02 SCHEDULE B (continued) 21. An easement for the purpose shown below and rights incidental thereto as set forth 22. in a document Granted to: Purpose: Recorded: Affects: An easement for in a document Granted to: Purpose: Recorded: Affects: Carlsbad Municipal Water District construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, s~ream water, flood water and ground water flowing into said facilities, and all natural and artifical drainage ditches and structures of any kind, whether above or below the surface of the ground April 15, 1999 as File/Page No. 1999-0252311 of Official Records As set forth on Exhibit B attached to the recorded document. the purpose shown below and rights incidental thereto as set forth City of Carlsbad, a municipal corporation public street and public utility easement July 2, 1999 as File/Page No. 1999-0463259 of Official Records That portion of Parcell lying within the bounds of Newton Drive cul-de-sac SCHEDULE B (continued) END OF SCHEDULE B EXCEPTIONS IMPORTANT INFORMATION ORDER NO.: 274461-02 PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. Note No. l: Before issuing its policy of title insurance, this Company will require (a) A copy of the Limited Partnership Agreement for the limited partnership(s) involved in this transaction. (b) A certified copy of Form LPl or LP5, whichever is applicable, filed with the office of the Secretary of State, pursuant to tr.e California Revised Limited Partnership Act, Corporations Code Sections 15611 through 15723. Name of Partnership: Note No. 2: Cabot Industrial Properties, L.P., a Delaware limited partnership Property taxes for the fiscal year shown below. For prc~ation purposes the amounts are: Fiscal year: 1st Installment: Penalty: 2nd Installment: Penalty: Exemption: Land: Improvements: Personal Property: Code Area: Assessor's No: 1999-2000 $38,419.99 paid $none $38.419.99 open $none $none $1,842,236.00 $2,000,000.00 $none 09107 212-050-43-00 ORDER NO.: 274461-02 SCHEDULE B (continued) Note No. 3: Property taxes for the fiscal year shown below. For proration pur;oses the amounts are: Fiscal year: 1st Installment: Penalty: 2nd Installment: Penalty: Exemption: Land: Improvements: Personal Property: Code Area: Assessor's No: 1999-2000 $548. 61 paid $none $548.61 open $none $none $98,797.00 $none $none 09107 212-050-45-00 NOTE: Please be advised that the Company will require that the beneficiary or beneficiaries sign an estimated closing cost statement (HUD-1) any time ~he Company is presented for payoff a net proceeds demand or a demand in which the bene=iciary or beneficiaries are accepting for payoff less than the total amount owed. ORDER NO.: 274461-02 SCHEDULE B (continued) NOTICE l. EFFECTIVE JANUARY l, 1990, ASSEMBLY BILL 512, ENACTED AS CH.~PTER 598, WILL ADD SECTION 12413.l TO THE CALIFORNIA INSURANCE CODE DEALING WITH THE ."GOOD FUNDS" ISSUE. FUNDS DEPOSITED BY: 2. CASHIER'S CHECKS, CERTIFIED CHECKS, AND TELLER'S CHECKS WILL BE AVAILABLE FOR NEXT DAY DISBURSEMENT BY DRAFT OR CHECK. 3. ELECTRONIC TRANSFER ( "WIRED FUNDS") WILL BE AVAILABLE FOR SAME DAY DISBURSEMENT. 4. ALL OTHER TYPES OF CHECKS WILL NOT BE AVAILABLE FOR DISBURSEMENT UNTIL THE DAY PROVIDED IN REGULATION CC ADOPTED BY THE FEDERAL RESERVE BOARD OF GOVERNORS. 5. SHOULD YOU HAVE ANY QUESTIONS IN THIS REGARD, PLEASE CONTACT YOUR TITLE OFFICER IMMEDIATELY. FOR YOUR INFORMATION, EFFECTIVE MONDAY, APRIL 4, 1994, OUR WIRING INSTRUCTIONS WILL BE AS FOLLOWS: UNION BANK 530 "B" STREET SAN DIEGO, CA 92101 ABA #122000496 ACCOUNT #9120000257 CREDIT: LAWYERS TITLE TRUST ACCOUNT REF: ORDER NO. ------- TITLE OFFICER ______ _ DISTRIBUTION: cc: GTE Wireless 12677 Alcosta Blvd. San Ramon, CA 94583 attn: Mark Bullard Calvada Surveying 108 Business Center Dr. Corona, CA attn: Armando Dupont GTE Wireless -Comcor 12677 Alcosta Blvd. San Ramon, CA 94583 attn: Andrew Rattner END OF SCHEDULE B ORDER NO.: 274461-02 SCHEDULE B (continued) ~ I <,) -N u~ l\.s '!~ ,...,__ N~~ .. """za,,C :--::-::...,. ,,,, ~ !i I ~ 'CD ~40:.,,_ c...,__..,'l j ~ ~ i a ,. el ~ ~ :;i ;-~ I~ o ~ I~ -.t Q "' ~~ d .. '. ~ , 1: ~~' l'~ " j a . ' .. ~ ; ~ ~I:.. ::i ~ ~ ms ~ J '~ . ' ' . * '1 ~ ~ ' ' ~ ~ ~~ ~;~ 1,~i~ ~ l -" . . ~ 1• OPEN SPACE ------::::::s EL CA/v!INO REAL>-'~ - ~::li -i~ 2~~ ~~ .. Pi ~~~ ~!= t~ i!i!i ~i THIS PLAT IS FOR YOUR AID IN LOCATING YOUR LANO WITH flEFE?.ENCE TO STfl.!:.ET ANO OTHER PARCELS WHtL':: THIS FLAT !S BELiE\iED TO SE CORR!:::CT, THf. cm.1PA!'-JY kSSU~~=s NO UA91LITY FOR ANY LOSS OCCUHRING 8Y BEASON OF RELIANCE THEREON B>-faCeLS e1 ®1A e1e-ez @ SHT I ® ®> g UII DIEGO COUIITY 1SSESS011'$ NAP U 212 l'G f'! PT. .5 @ ® g SHT. 2 0@ g !LI DETAIL. A. ''-200' SHT I _ _ MAP 823 -RAO AQJA HEDIIJNDA -POR LOT F ROS 9670 .:::1..:::-u.:, , .. koc EB t\J tmaAW€'(01'1~1 CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 -• EXCLUSIONS FROM COVERAGE The f<'.illowing matters are expressly excluded fro~ coverage of this policy and the Company will P · \pay loss or damage, costs, attorneys' fees or .expenses which arise by reason of: \._. __ 1. (a) · Any law, ordinance or governmental regulation Oncluding but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prorilbiting or relating to (0 the occupancy, use or enjoyment of the land; 00 the character, dimensions or location of any improvement now or hereafter erected on the !and; OiO a separation in ownership or a change in the dimensions or area of 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 the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resutting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) A.ny governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of 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. 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 taking which hos occurred prior 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: ( a) whether or not recorded in 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 to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy; or (e) resulting in !oss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or !nterest insured by this policy. 4. Unenforceability 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, to comply with the applicable doing business lows of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mart gage and is based upon usury or any consumer credit protection or truth in lending law. 6. 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 the operation of federal bankruptcy, state insolvency or similar creditors' rights raws. 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: 1. Taxes or assessments which are not shown as existing Hens 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 assess- ments, or notices of such proceedings, whether or not shown by the records of such agency or by the pub!ic records. 2 Any facts. rights. interests or claims which are not shown by the pub- lic records but 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 dis- close, and which are not shown by the public records. 5. (a) Unpatented mining clairns: (b) reservations or exceptions In patents or in Acts authorizing the [ss:__.;ance thereof; ( c) water rights, claims or title to water, whether or not the rratters excepted under (a), (b) or (c) are shown by the public records. AMERICAN TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) 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. attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (iQ the character, dimer.sens 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 cf ~e land or any parcel of which the \and is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances ::.r governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resuttir:g tom 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 the extent that a notice of the exerc:se thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in tr.e ::ublic records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records ct Ce7e of Policy, but not excluding from coverage any taking which has occurred prior to Date of Polley which would be binding on the rights of a purc~aser for value without knowledge. 3. Defects, liens. encumbrances. adverse claims or other matters: ( a) 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 c:cimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant become on insured under this ;:olicy; (c) resutting in no loss or damage to the insured claimant; ( d) attaching or created subsequent to Date of Polley; or (e) resulting in !oss or damage which would not have been sustained if the insured claimant had paid value for --ne estate or interest insured by this policy. 4. Any c!aim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy. state insolvency. or similar creditors' rights laws that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance :x-fraudulent transfer; or (iQ the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-an EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs. attorneys' fees. and expenses resutiig from: l , Governmental police power, and the existence or violation of any law or government regulation. This includes b.Jilding and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records ct Policy Date. This exclusion does not limit the zoning coverage described !n items 12 and 13 of Covered Title Risks. T-OlE(R<>,5m) , ~ ... , . . . \ ., ., .. ' . . ':, .... -l~~il I l~l~~rnlllHI ill~ Ill 1999-0662119 RECORDING REQUESTED BY: GRANT DEEB· SOUTHLAND TITLE OF SAN DIEGO DOC # 1999-0662119 J RECORDING REQUESTED BY AND: Sep 29, 1999 2:05 CffICifl RECOOS WHEN RECORDED MAIL TO: Taft Stettinius & Hollister LLP 1800 Firstar Tower 425 Walnut Street Cincinnati, Ohio 45202-3957 Attn: Stephen M. Griffith, Jr. MAIL TAX STATEl'vlENTS TO: Cabot Industrial Trust Two Center Plaza, Suite 200 Bos ton, Massachusetts 02108 Attn: Asset Manager 3Q <'6~ -2)& 6168 SAN DIEGO IIDIT'I RECORDER'S OFFICE ffi:l:ffiY J. ~ITH, CUOOY RECORDER FEES: 58.00 l]C: AFlf TAX: N.D. (Space Above Line For Reeorc!er's t:se Only) GRANT DEED The undersigned Granter declares that documentary transfer tax is not shown pursuant to Section 11932 of the Revenue and Taxation Code, as amended. WITNESSETH: IBAT INDUSTRIAL DEVELOPMEi'ITS INTERNATIONAL, Di"C., a Delaware corporation ("Grantor''), for the sum of $10.00 and other good and valuable consideration paid to Granter by Grantee named below, the receipt of which is hereby acknowledged, does by these presents GRANT to CABOT INDUSTRIAL PROPERTIES, L.P., a Delaware limited partnership ("Grantee"), the lots, tracts, or parcels of land lying, being, and situated in San Diego County, California, more particularly described in Emibit A attached hereto and incorporated herein by reference, together with all of Grantor's right, title and interest in and to buildings, structures, and improvements affixed thereto (the "Property"). THE PROPERTY IS CONVEYED TO GRANTEE SUBJECT ONLY TO (1) current taxes and .,-assessments, a lien not yet due and payable, and (2) the matters set forth on E~bit E attached hereto and incorporated herein by reference ( collectively, the "Permitted Exceptions"). TO HA VE AND TO HOLD the Property with all rights, privileges, app!.!rtenances, and immunities thereto belonging or in any way appertaining unto the said Grantee and unto Grantee's successors and assigns forever. P;:iru::. 1 nf R rnmmPnf· f r: PM --- ,, . . ,. ... ,.. ... nrr/pr· n'?-461 · · 6169 IN WITNESS WHEREOF, the undersigned has executed this Grant Deed as of September _li 1999. .. STATE OF GEORGIA ) ,. .)ss. COUNTY OF FlT.:TON l'.1Win'1ett") INDUSTRIAL DEVELOPI\-IENTS INTERNATIONAL, INC., :~~ Nam : ~ ,.,_...., .. ~;:;g' Title: ka::;: .. 4 On September'.l-?, 1999, efore me, --'-r"-"!'l--'-'-"\1-¥'-'-"""""=='-'---:.,..-,,----, a Notary Public, personally appeared ' · -· personally known to me ( or proved to me on the basis of satisfactory 'dence) to be the person whose name is subscnbed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Nm9Y ?JbOc., Gwinnett Cw~~::~ ~~~_r[)a My Commission Expires oc,., 6, ..:.-•~ l [Affix Notarial Seal] Notary Public . 2. Oescriotinn· 1999 662119 Page 2 of 8 Comment: LG ' ' ' . . . ...... ' .. 6170 Exhibit A LEGAL DESCRJPTION OF THE LAND That certain real property located in the City of Carlsbad, Coun~J of San Diego, State of California, with a street address of 5823 Newton Drive, Carlsbad, California 92008, and more particularly described as follows: PARCEL 1: ALL TIIAT PORTION OF LOT "F' OF RANCHO AQUA HEDIONDA, IN TI:IE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORI';l.A, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE omCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMlviENCING AT POINT 23 OF SAID LOT "F' AS SHO\VN ON SAID MAP NO. 823; THENCE SOUTH 54°10'08" EAST ALONG THE NORTHERLY LINE OF SAID LOT "F", A DISTANCE OF 807.00 FEET TO THE MOST EASTERLY COIU-iE.R OF THE LANDS CONVEYED BY CHARLES KELLY TO ELMER CARPENTER BY DEED RECORDED JUNE 1, 1937 IN BOOK 622, PAGE 755 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE CONTINUING SOUTI:I 54°10'08" EAST ALONG THE NORTHERLY LINE OF SAID LOT "F' A DISTANCE OF 540.00 FEET THENCE SOUTH 35°49'52", WEST AT RIGIIT ANGLES TO THE NORTI:IERL Y LINE OF SAID LOT "F' A DISTANCE OF 1166.23 FEET TO THE TRUE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 35°49'52" \VEST A DISTANCE OF 1091.51 FEET TO THE BOUNDARY OF THE LAND DESCRIBED u""NDER PARCEL 1 IN FINAL JUDGMENT IN PARTITION RECORDED MARCH 24, 1965 AS FILE/PAGE NO. 52516, OF OFFICIAL RECORDS OF SAID COUNTY, THENCE NORTH 52°32'21" WEST ALONG SAID BOUNDARY, A DISTANCE OF 478.72 FEET; THENCE LEAVING SAID BOUNDARY AT RIGHT ANGLES NORTI:I 37°27'39" EAST A DISTANCE OF 740.00 FEET; THENCE AT RIGHT ANGLES NORTH 52°32'21" WEST A DISTANCE OF 294.32 FEET; THENCE AT RIGHT ANGLES SOUTI:I 37°27'39" WEST A DISTAi.'!CE OF 321.90 FEET; THENCE AT RIGHT ANGLES NORTH 52°32'21" WEST A DISTANCE OF 597.36 FEET TO AN INTERSECITON WITH SAID BOUNDARY OF SAID PARC".c:.L 1 DESCRIBED IN INSTRUMENT NO. 52516 OF omcIAL RECORDS, WHICii IS A POINT ON A NON- TANGENT CIRCULAR CURVE CONCA VE SOUTHEASTERLY AND HA YING A RADIUS OF 600.00 FEET, A RADIAL LINE BEARS NORTH 67°36'49" WEST TO SAID POINT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AJ'!D ALONG ~SAID BOUNDARY, A DISTAi.'!CE OF 209.70 FEET THROUGH A CENTRAL ANGLE OF 20°01'31"; THENCE NORTH 42°24'42" EAST A DISTANCE OF 429.16 FEET; THENCE SOUTH 54°10'08" EAST 1321.26 FEET TO THE TRUE POTh"T OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN CARLSBAD TRACT NO. 83-25, IN THE CTTY OF CARLSBAD, COUNTY OF SAN DI.EGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11278, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN" DIEGO COUNTY, JULY 9, 1985. PARCEL lA: AN EASElviENT AJ'!D RIGHT OF WAY, TOGETHER WITH THE RIGHT TO CONVEY SAME TO OTHERS FOR INGRESS AND EGRESS FOR ROAD PURPOSES OVER, ALONG AND ACROSS A STRIP OF LAi.'!D 40.00 FEET IN V.-'IDTH LYING WITHIN LOT ''F' OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SA.J.'< DIEGO, STATE OF . 3 . nt=o-=:rrinfirin· 1QQQ fifi?119 Paae 3 of 8 Comme:-:r:LG ... . ' . -. ' ' Si71 CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8~, FILED IN THE OFFICE OF TIIE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, THE CENTER LINE OF SAID 40.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 1 OF SAID LOT "F" AS SHOWN ON SAID MAP; Tiffi.',"CE 25°01'05" EAST (RECORD 24°45'00" EAST) A DISTANCE OF 229.00 FEET TO A POINT WHICH POINT IS DESIGNATED ON SAID MAP AS POINT 23 OF LOT "F'; THIS POINT BEING TIIE TRUE, POINT OF BEGINNING A.t'ID WHICH POINT IS THE MOST NORTIIERL Y CORNER OF LANDS CONVEYED BY CHARLES KELLY TO ELMER CARPENTER BY DEED RECORDED JUNE 1, 1937 IN BOOK 622, PAGE 755 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SA.t'< DIEGO COUNTY, THE SAID CARPENTER LAND BEING NOW KNOWN AS ROBERT E. HICK'S PROPERTY; TIIENCE ALONG THE WESTERLY AND NORTIIWESTERL Y BOUNDARY OF SAID CARPENTER (HICKS) LAND AS FOLLOWS: SOUTH 11°51'12" WEST, 315.60 FEET TO AN ANGLE POINT; AND SOUTII 42°55'37" WEST 374.50 FEET TO THE MOST WESTERLY CORNER OF SAID LAND; THENCE SOUTH 54°10'08" EAST A DISTANCE OF 2.14 FEET ALONG THE SOUTHERN BOUNDARY OF THE HICK'S PROPERTY TO TIIE CENTER LmE OF THE WATER LINE EASEMENT PREVIOUSLY GRANTED TO THE CARLSBAD MUNICIPAL WATER DISTRICT AND Ki'IOWN AS LINE ''D" OF THE C.M.W.D.; TI!ENCE SOUTH 42°38'52" WEST, ON AND ALONG THE NORTHEASTERLY BOUNDARY OF THE ALLEN PARCEL NO. 1) DESCRIBED IN EXHIBIT "A" OF SAID DOCUMENT NO. 236220 OF OFFICIAL RECORDS (AND ON AND ALONG THE CENTER LINE OF SAID LINE "D" OF TIIE C.M.W.D.), A DISTANCE OF 938. 72 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 600.00 FEET; THENCE SOUTHWESTERLY ALONG THE CURVE OF SAID ARC 269.80 FEET TO A POINT; THENCE SOUTII 16°38'52" WEST 386.15 FEET TO THE SOUTHWESTERLY CORNER OF THE SAID DYE PROPERTY DESCRIBED IN AFOREMENTIONED DOCUMENT NO. 236219 OF OFFICIAL RECORDS; TIIE."i"CE SOUTH 52°32'21" EAST (ON AND ALONG THE SOUTIIWESTERLY BOUNDARY OF THE SAID DYE PROPERTY AND CONTINUING ON THE SAME BEARING ALONG THE SOUTHWESTERLY BOUNDARY OF THE ALLEN PORTION 2 DESCRIBED IN EXHIBIT "A" OF AFOREMENTIONED DOCUMENT NO. 236200) A TOTAL DISTA.t"i"CE ON THIS BEARING OF 1214.69 FEET TO THE MOST SOUTHEASTERLY COR..'<ER OF SAID ALLEN PORTION 2 WHICH IS THE MOST SOUTHERLY TERMINUS 0~ THIS EASEMENT. EXCEPTING THEREFROM FROM ANY PORTION LYING WITHIN PARCEL 1. EXCEPTING THAT PORTION LYING NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF ROAD SURVEY NO. 1800-1 AS DESCRIBED IN DEED TO THE COUl'<TY OF SAN DIEGO, RECORDED OCTOBER 29, 1%9 AS FILE/PAGE NO. 198734 OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL lB: AN EASEMENT FOR PEDESTRIAN AND VEHrCULAR INGRESS AND EGRESS OVER A PORTION OF LOT 93, MAP NO. 12815, AS MORE SPECIFICALLY SET FORTI.I IN THAT CERTAIN DOCUMENT ENTI1LED "TEMPORARY GRADING, CONSTRUCTION AND ACCESS EASEMfu'IT', RECORDED JUNE 10, 1998 AS FII.EiPAGE NO. 1998-0352324 OF omcIAL RECORDS. . 4 . O:::ir,i=, d r,f R ..... 6172 PARCEL 2: ALL THAT PORTION OF LOT "F' OF RANCHO AQUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP TIIEREOF NO. 823, FILED IN THE OFFICE OF THE COUN1Y RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT POINT 23 OF SAID LOT "F' AS SHOWN ON SAID MAP NO. 823; THENCE SOlJTH 54°10'08" EAST (RECORD SOUTH 53°52'00" EAST) ALONG THE NORTHERLY LINE OF SAID LOT "F' A DISTANCE OF 807.00 FEET TO THE MOST EASTERLY CORNER OF THE LAI'ID CONVEYED BY CHARLES KELLY TO ELMER CARPENTER BY DEED RECORDED JUNE l, 1937 IN" BOOK 622, PAGE 755 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY Ai'ID THE TRUE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOlJTH 54°10'08" EAST ALONG THE NORTHERLY LINE OF SAID LOT "FA DISTAI,fCE OF 540.00 FEET; THENCE SOUTH 35°49'52" WEST AT RIGHT Ai'\/GLES TO THE NORTHERLY LINE OF SAID LOT "F' A DISTANCE OF 1166.23; T'"rIENCE NORTH 54°10'08" WEST, A DISTANCE OF 1321.26 FEET TO THE BOUNDARY OF THE LAND DESCRIBED UNDER PARCEL 1 IN FINAL JUDGMENT IN PARTITION RECORDED MARCH 24, 1%5 AS FILE/PAGE NO. 52516 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 42°24'42" EAST ALONG SAID BOUNDARY A DISTANCE OF 509.59 FEET TO THE SOVTHWESTERL Y LINE OF SAID CARPENTER LANDS; THENCE SOUTH 54°10'08" EAST ALONG THE SOUTHWESTERLY LINE OF SAID CARPENTER LAND, A DISTANCE OF 722.86 FEET, MORE OR LESS, TO THE SOUTHEASTERLY LINE OF SAID CARPENTER LAND; THENCE NORTH 35°49'52" EAST ALONG THE SOUTHEASTERLY LINE OF SAID CARPENTER LAND; A DISTA.. '<CE OF 660.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM TIIAT PORTION LYING WITIIlN CARLSBAD TRACT NO. 83-25, IN TiiE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11278, F1LED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 9, 1985. ALSO EXCEPTING THEREFROM TIIAT PORTION CONVEYED TO THE ENVIRONMENTAL TRUST BY GRANT DEED RECORDED JUNE 10, 1998 AS FILE/PAGE NO, 1998-0352323 OF OFFICIAL RECORDS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOT "F OF RANCHO AGUA HEDIONDA, Th" THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.. AS SHOWN ON MAP ~Na. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: Order· 02-461 BEGINNING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE DESIGNATED AS SOUTH 89°50'06" EAST 1094.39 FEET ON THE SOUTHERLY LINE OF CARLSBAD TRACT NO. 83-25 ACCORDING TO MAP THEREOF :S"O. 11278, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE CONTINUING ALONG A PORTION OF SAID SOUTHERLY LINE ~ORTH 71°02'42" EAST 128.42 FEET TO THE TRUE POINT OF BEGINNING; THE:'-ICE CONTINUING NORTH 71°02'42" EAST 452.78 FEET TO A POINT ON THE NORT"rlViESTERL Y LINE OF RECORD OF SURVEY MAP NO. 8467, FILED IN SAID COUNTY A..'\/0 STATE; THENCE ALONG SAID LINE SOUTH 35°50'50" WEST 370.00 FEET; THENCE LEA YING SAID NORTHWESTERLY LINE NORTH 54°09'10" WEST 260.98 FEET TO THE TRUE POINT OF BEGINNL'\/G. -5 - Deserio/ion: 1999. 662119 Page 5 of 8 Comment: LG . ., .. : Pazcds, 1, lA; lB anel 2 azc also desctibcd as falle .. s. ~ 6173 Assessor's Parcel Numbers: 212-50-43 and 212-50-45 -6 - o~rr~ R r,f R , ·: • .-M • nrrlpr· ll?-461 Exhibit B 6174 PERMITTED EXCEPTIONS 1. The lien of nondelinquent real property taxes and installments of assessments. 2. The rights of possession of tenants of the Property identified by Granter in a writing delivered to Grantee prior to the delivery of this Grant Deed. 3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 ( commencing with Section 75) of the Revenue and Taxation Code of the State of California. 4. The property lies within the boundaries of special tax assessment district created by a "community facilities district" map recorded under the provisions of the Mello-Ross Act (Steets and Highway Code Section 3100, el seq.) the California State Legislature, and is subject to all assessment levied thereby, recorded May 20, 1991 as file/page no. !991- 0236959 of official records. 5. 6. 7. 8. 9 .. Name of District: Community Facilities District No. 1 The assessment is incorporated into the regular property tax bill and is a part of the general tax collections process. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: Barbara Jean Higdon Road December 31, 1969 as File/Page No. 236220 of Official Records That portion of Parcel 1 lying v.ith Parcel lA herein described An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Ivar N.V., a Netherlands Antilles Corporation Slope Maintenance and Landscaping Maintenance November 3, 1987 as File/Page No. 87-617784 of Official Recoras The terms and conditions of that certain document entitled Declaration of Restrictions Against Development, executed by Industrial Developments International, Inc., a Delaware corporation, recorded June 10, 1998 as File/Page No. 1998-0352321 of Official Records. The tenns and conditions of that certain document entitled "Temporary Grading, Construction and Access Easement, by and between Real Estate 3, LLC, a California limited liability company and Industrial Developments International, Inc., a Delaware corporation, recorded June 10, 1998 as File/Page No. 1998-0352324 of Official Records. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: San Diego and Electric Company Transmission and distnbution of electricity and gas July 29, 1998 as File/Page No. 1998-0472961 of Official Records -7. Deserio/ion: 1999. 662119 Page 7 of 8 Comment: LG ·6175 A strip of land, including all of the area lying between the exterior sidelines, which sidelines shall be 3 feet;measured at right angles, on each exterior side of each and every facility installed within said property on or before September 1, 1999 . . ent to which reference is hereby made for full particulars. :ween: Industrial Developments International, Inc., a Delaware corporation and the City of Carlsbad Hold Harmless Agreement Geological Failure November 12, 1998 as File/Page No. 1998-0734564 of Official Records ::ient to which reference is hereby made for full particulars. :ween; Industrial Developments International, Inc., a Delaware corporation and the City of Carlsbad Hold Harmless Agreement Drainage November 12, 1998 as File/Page No. 1998-0734565 of Official Records ::Zestriction on Real Property, recorded December 28, 1998 as File/Page No. 350 of Official Records :nt for the purpose sh.own below and rights incidental thereto as set forth in a Carlsbad Municipal Water District The construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, wb.etb.er above or below the surface of tb.e ground April 15, 1999 as File/Page No. 1999-0252311 of Official Records As set forth on Ex!nbit B attached to tb.e recorded document snt for the purpose shown below and rights incidental thereto as set forth in a ): City of Carlsbad, a municipal corporation Public street and public utility easement purposes July 2, 1999 as File/Page No. 1999-0463259 of Official Records That portion of Parcel 1 lying within tb.e bounds of Newton Drive cul-de- sac 1ts, claims or title to water. • 8 - I ' = =