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CUP 00-31; PALOMAR AIRPORT ROAD COMMUNICATIONS SITE; Conditional Use Permit (CUP)
• CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXESl (FOR DEPARTMENT !FOR DEPARTMENT USE ONLY! USE ONLY! D Admrmstrative Permit -2nd D Planned Industrial Permit D D J&l' 0 0 D D 0 D D D 2) 3} Dwelling Unit Administrative Variance Coastal Development Permit Conditional Use Permit Condominium Permit Environmental Impact Assessment General Plan Amendment Hillside Development Permit Local Coastal Plan Amendment Master Plan Non-Residential Planned Development Planned Development Permit ASSESSOR PARCEL NOfS).: PROJECT NAME: D Planning Commission Determination D Precise Development Plan c.x;--s { D Redevelopment Permit 0 Site Development Plan D Special Use Permrt D Specific Plan 0 :+:eAfaft'w'e ;::iefeel Mae Obtain from Engineermg Deoartmem D Tentative Tract Mao D Variance D Zone Change .... D List other applications not soecified 4) BRIEF DESCRIPTION OF PROJECT: Wi..-e\es~ Co"""""'"""icg±\o-..s. Eu;,i \ i+t i,,,_c;.ILLdh .. ds b""•• td:K -""'o"""'"-te.J Q.V\+e"~ ..,.: "*"eM-+ b&ti lJ.1" \ ~-'cl "";...;t f+t·es 5) OWNER NAME !Print or Type) 6) APPLICANT NAME !Print or Type) MickeyNoi41c Sef)'lro.~ Trl.l~-t-10-n-q"2.. AirTow:hCdl~r b ~ Co..sul+i-'1DC'lJ&(f', l"c: MAILING ADDRESS 5g5g E'J1"'son Place MAILING ADDRESS 17 t-17 O PPoll 1uµ1 CITY AND ST ATE ZIP Carl.sba.d, CA 9z.oorr TELEPHONE CITY 1'..AND STATE ZIP ~ TELEPHONE >AJ V/l.K>O CfZ. /// (B 7>"3 -7~ o/9 ->JistrL, CA q-z:e-&-:3 (7 9'17=s•t• I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION )'S TRUVAND c RRECT TO THE BEST OF MY KNOWLEDGE°/ J / . ./!"'/ l'l'I ic/s I; r SIGNATURE DATE 71 BRIEF LEGAL DESCRIPTION I CERTIFY Tl-IA T I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE .:.aovE INFORMATION !S TRUE ANO CORRECT TO THE BEST OF ~.1Y KNOWLEDGE. 1c!> -s-cr 'i f{p 1-VAfllD lf:lu.l WC!VtA:T '# 750 ·TU-f!, 3''.SJ' oe P1.rzc;1 MAP 15<e~7 NOTE: A PROPOSED PRO.JECT REQUIRING MULTIPLE APPLICATIONS BE RLED. MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PRO.JECT REQUIRING ONLY ONE APPLICATION BE RLED. MUST BE SUBMITTED PRIOR TO 4:00 P.M. i:e.-v ooo e ('" Form 16 PAGE 1 OF 2 Bl LOCATION OF PROJECT: e 5858 ~d.-son PJQ.ce STREET ADDRESS ON THE SIDE OF I Edison Place !NAME OF STREET! BETWEEN AND s-t~ ttY-M ,·~u.tS !NAME OF STREET) !NAME OF STREET! 9) LOCAL FACILITIES MANAGEMENT ZONE s 10) PROPOSED NUMBER OF LOTS \-o -1111 NUMBER OF EXISTING l-o-\ 12l PROPOSED NUMBER OF \,~-1 RESIDENTIAL UNITS RESIDENTIAL UNITS 13) TYPE OF SUBDIVISJON 814) PROPOSED IND OFFICE/ a 15) PROPOSED COMM ~ SQUARE FOOT AGE SQUARE FOOTAGE 16) PERCENTAGE OF PROPOSED ~17} PROPOSED INCREASE IN G 18) PROPOSED SEWER 0 PROJECT IN OPEN SPACE ADT -USAGE IN EDU 19) GROSS SITE ACREAGE , 2.D 120) EXISTING GENERAL In !211 PROPOSED GENERAL 9 PLAN PLAN DESIGNATION 22) EXISTING ZONING ~23} PROPOSED ZONING ~ hA 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 ENT~ER T>"'E PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENn'( FOR TljJS J1 OSE ;Ji lf/I/ SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOT Al FEE REQUIRED DA TE FEE PAID Form 16 FEE REQUIRED JUL 17 2000 CtTY OF CARLSBAD PLANNING Dl=PT DATE STAMP APPUCA noN RECEIVED RECEIVED BY: RECEIPT NO. PAGE 2 OF 2 -Carlsbad •#fl f 1. 1. 11. t. a. t§. & 1 •••• t§ •• a DISCLOSURE STATEMENT Applicant" s statement or disclosure of certain ownership interests on all applicattons which will require discretionary action on the part of the City Council or any appointed Board. Commission or Comminee. The following information MUST be disclosed at the time of application submmal. Your pro.1ect cannot be reviewed until this information is completed. Please print. Note: Person is defined as .. Any individual fmn. co-parmership. joint venture. associatmn. social club. fraternal organizanon. corporation. estate. Irust. receiver. syndic::ue. in this and any other county, city and county. c1ry municipality, district or other political subdivision or any other group or combinanon actmg as a unit." Agents may sign this document: however, the legal name and entity of the applicant and property ov1rner must be provided below. l. 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 comoration or oartnershin. include the names. title. addresses of all individuals owning more than I 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN I 0% OF THE SHARES. PLEASE INDICATE NON- APPUCABLE (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.) A 1 R,lcu.~c. ~ Person NA Corp/Part SEE' ATTACH Eb S\tcf:r Title ---------------Title _________________ _ Address ____________ _ Address "PO 5o)( \~'10"7 _ _______________ _.. ____ _ 112.\oJawe::, CA 'l'2.G.2."3 -~707 OWNER (Not the owner·s agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also. provide the nature of the legal ownership (i.e. partnership. tenants in common. non-profit. corporation. etc.). If the ownership includes a comoration or partnershio. 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- nwned corooration. mclude the names. titles. and addresses of the corporate officers. (A separate page may be anached if necessary. ) Person Mic.key E'. No'1Q.\c:: Titlr:: T't"t.A.Stee. Address .S gs S' Edi .so ... -PlA.Le C=i..-<-\s bc::a...d , c A ~-z.ooa- C orpr Part M,·cke't Na\lo.kSera~Ji=ust 10 -17-'fZ.. Title ----------------- Address 'SAO f!i 2075 Las Palmas Dr.• Carlsbad. CA 92009-1576 • (760) 438-1161 •FAX (760) 438-0894 ~ .) . NOl'f-PROFIT ORLZATION OR TRUST If any person identified pursuant to ( 1 ) or (2) above is a nonorofit orn:anization or a trust. list the names and addresses of AN\'' person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust ___ N.___A _____ _ Non Profit/Trust --------------~ Title --------------------Title_~~~~~~~~~~~~~~~ Address ------------------------- 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards. Commissions. Committees and/or Council within the past twelve (I:;) months: C Yes ~ No If yes. please indicate person! s 1: ___________________ _ ~OTE: Anach additional sheets if necessary. I certil/all "';;Jorrnation is true and correct to the best of my knowledge. 1-Jfv-J0-5-'i'f Signature of owner1date Signature of applicant/date MI Ckr;y E:. NoJ AK SePAflM'E Tuusr ID-t 7-f2.....__ _____________ _ Print or type name of owner Print or type name of applicant 10-~-s 9 Signature of ownertapplicant" s agent if applicable/date &Y"V\a.'4"d L. C\.\a.aea ::S-M CoV\s4\+;~aG't'Ou.r, \"'c.. Print or type name of owner1applicanf s agent 1--l ADMIN\COUNTEfhDISCLOSURE STATEMENT 5198 Page 2 of 2 e City of e Carlsbad • #JG I Ii I I I I(. I. (:4. & I I. I If§ I I #I DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as. ''Any individual, firm,.< co-partnership, joint V:en~re, association, social clul:>, frat~~l orgatlization, corporation, estate, trust, receiver, syndicate, in this and any other county; city and county, pity Il1.~cipality, district or other political subdivis.ion or any other gro~p of combination acting as a unit.".·. -· Agel!tsmay si~ .this document; however, the legal name and. enti~ df the ~~~licanrand property oWU~r rrniStbe pro'{ilfed below. · · · · · · -· · · · · 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial · interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (NI A) IN THE SP ACE BELOW If a publicly-owned corporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person. ____________ _ Corp/Part /&/GI Zo A/ Title. ____________ _ Title, ______________ ...;__ Address. ___________ _ Address·-------------~ 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly- owned corporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Corp/Part J-1 1~.I( fl/ AJmh1g-ScPAflA. Tf ·j tu 'J 'f" / o -J7 -'i 2- Title _______________ _ Address S Atv1 11 3. NON-PROFIT OR,ANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust ---------Non Profit/Trust. __________ _ Title ____________ _ Title ______________ _ Address ___________ _ Address _____________ _ 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~No If yes, please indicate person(s): _____________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. J;q «J Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date ~ It"?> /!1;1-12.ro,11;1ct-L-l1 ~ JA1 d~vSvt-TJd4 <i'/l-tJvP. Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 • r AIRTOUCH" .\irTum:h Ccllul.ir ' I' tr,.. Pl i1.i Cellular September 17. 1999 RE: JJ\1 Consulting Group. Inc. as representative for AirTouch Cellular To Whom It .\1ay Concern: JM Consulting Group. Inc. is an authorized representative of AirTouch Cellular and has been contracted to perform real estate leasing, land use entitlements. materials procurement. architectural engineering, equipment installation. design and construction of AirTouch wireless telecommunications facilities. As an authorized representative of AirTouch Cellular, Jrvt Consulting Group~ Inc., may sign and submit land use applications and permits, as well as, negotiate leases on behalf of AirTouch Cellular. Sincerely, ' / ---;:;:rV7 <h• ~ f (.. ' ,• (!' / Tom Conzelman Manager, Network Planning and Development Engineering April 28, 1999 City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009 To All Concerned: The purpose of this \Vriting is to notify the City of Carlsbad that AirTouch Cellular is hereby authorized to file for and obtain all necessary governmental approvals and permits to construct and operate a telecommunications facility. Said facility will affect Assessor's Parcel No. 212-092-30, which address is 5858 Edison Place, Carlsbad, California PROPERTY OWNER: MICKEY E. NOV AK, Trustee of the ~,fickey Novak Separate Trust U/D/T dated October 17, 1992 By: ~ /dJ s/J '1 }q 9 Mickey 1E. Novak Date Trustee Locations slwwn are approximate. Proposed Digital Dish Antenna Proposed Equipment Enclosure project consultant project name: JM Palomar Airport Road 5858 Edison Place, Carlsbad, CA 92008 prepared for: Palomar Airport Road ATCSDC094 PALOMAR AIRPORT ROAD COMMUNICATIONS SITE View from Southeast View from Southwest PALOMAR AIRPORT ROAD COMMUNICATIONS SITE View from Northeast View from East PHOTOS OF SITE FROM PALOMAR AIRPORT ROAD \ \ ' \ SITE PHOTOS Airtouch Cellular-Palomar Airport Road 5858 Edison Place, Carlsbad, CA 92008 Site No. ATCSDC094 1. South elevation of existing building from Palomar Airport Rd. (near view) 2. South elevation of existing building from Palomar Airport Rd. (far view) SITE PHOTOS Airtouch Cellular-Palomar Airport Road 5858 Edison Place, Carlsbad, CA 92008 Site No. ATCSDC094 3. West elevation of building from Palomar Airport Rd. (near view) 4. West elevation of building from Palomar Airport Rd. (far view) , • SITE PHOTOS Airtouch Cellular-Palomar Airport Road 5858 Edison Place, Carlsbad, CA 92008 Site No. ATCSDC094 5. Southwest corner of building (near view) 6. Southwest corner of building (far view) I I I I I I / -~ .l ,. SITE P L"-'-'A_,.N,_ _______________ n~ ------------ • ver1zon wireless ROAD SITE PALOMAR AIRPORT COMMUNICATIONS PROJECT DIRECTORY -·-............ ,.._,,..,. II.II" ...... -~ .. ,.. ---Mii/fr -------· ••u.• ---·· --- ltl/!!J;L ----&.'*"" .. .. . ......... ... 1119 -~um • N?".M181 -·- 1---------------------------------l PROJECT DESCRIPTION PROJECT DATA 1-... -... -... -.-.... -.-... --............ ~--------l------------l ............ ...,._ .. t,._ ... ..,..,. ............... .... ............. -.......... -... ......... ,., ......... -.. .,,.. I 18cTla!W..~IUlll:_,..,.IHM.L.,\w.-Ql:&lft' .. ~ i, aMfM..CllHNnltWilttlllU.•lli~4n"IM~ LEGAL DESCRIPTION "' ... .. -- PROJECT ADDRESS ZONING DRAWING -""" ~ -""" ~._,,,,._.... """°""' ...... Plf!Tlll:UM ---.......... ---... .. A1 J r-----------------------------------------------, : .:.~:~~ '5!i!11 )lnir' IS SNOllYOINf'IM100 1 WJJJ 1 · · ! 11, ~i g ~-i1 I ,..,,........," """' ~tiff liN H ll:IOd~V l:IVVIDlVd ll! I I I 11 J I~ ~ 111 stoat!40Jvfiumnsuoolmws 1 ' ' ~ j 1 f I 1 i l i !2 i 1 ~ 1 \\ ----~---:::;-----I I I 'I. , I - I ( c z <( ...J a. lL 0 0 a: ..... z <( ...J a. w I-. ~' ~I I , : i I . ' Smith Co su lti naArchitects v,,J I WO El Camino Real Suite 200 San Diego, CA 92 130 (619) 793-4m (619) 793 -4787 Fax .]\ 0 \ \, \ □ PROPOSED ONE (I) -~ DIGITAL DISH ANTENNA I [ f ' ' ' ' • \ \ PROPOSED FlvE (5) DIRECTIONAL CELLULAR ANTENNAS PAINTED TO MAT~ WALL rn rnrn~ ; ' I \ j \ ' . -_J ------ I i I I I I ' 1 I \ I ! I i I ' II \ i \ I I I I l \ \ I '/ I I !; SOUTH ELEVATION 3/32" , I' -0 ' • EAST ELEVATION 31.32" = 11 -!Zl ' •• WEST ELEVAT I ON 3/32' , I' -0 ' JM Consulting Group, Inc. ENG INEERING DTV lSTON Phone:: (760) 476-1828 Fax: (760)476-1603 ~/ \ t I 0 0 • PROPOSED FIVE (5! i ' ' I \ [/ \ ' i \ j \ j/ \JI ]'i I \ ' • EXISTING ANT::NNAS, (TYP) vERIZON n/~ I f I i • ,/ I , PBMS PROPOSED :,'X3h' SHELTER i ' ------------- • • • • D IRECT IONAL CELLULAR t~;::~;~=~i~=rr~--,~/fi---:rr1 • MATCH WALL----+--.. ANTENNAS PAINTED TO fl' . ,. .. : . -• I • cox ' ..... -<) ,I" ) • • • )... EQUIPMEN T SH ELT ER FINISHES ROOF: GRE'f COLOR BUil T-UP ROOF ING WALLS: STUCCO <MED IUM 5.AND FINISH! WITH COLOR AND REvEAL PATTERN TO MATC!-l ADJACENT WALL PALOMAR AIRPORT ROAD COMMUNICATIONS SITE ~ ••tm wlreleae ~ MIAA ~O P..l.CE, e.-Jl1E 5m:i SAN D!:GO, c:..I. ~ (6~) 62!>--61& I I \ \ I I I I \ ' I \ I I I \ \ I I I I ~ \ I I \ \ I I I ' I I \ I I I I \ \ I \ \ I I ' \~ I I / PROPOSED FlvE (!;,) -------. / D IRECT IONAL CELLULAR I ANTENNAS I \ \ I \\ ' . • • • a ,, S IT E PLAN/ ROOF PLAN 3/32 ' a I' -el " Sm ith Co siJlting Architects 12220 El Camino F\eal Suite 200 San Diego, CA 92 130 (619) 793-4m (619) 793 -4787 Fax JM Consulting Group, Inc. ENGlNEE RTNG DIVISION Phooc: (750) 476-1828 Fax: (760) 476-160 3 I .. I . • I I I I I \ ·□\ C) I D /ROOf=_/ \ 0 D ,,------------r PROPOSED 4' -el ' -DlGIT4k-8.1 $!-l AN -5:NN.-14------~----r---------t---::::=":"-,-----7--._: OF SLOPE , / PROPOSED FlvE (5) --"~- D IRECTIONAL CELLULA!i ANTENNAS ' PROPOSED TWO !2) S!-lRUBS TO HATC!-l NEARBY 12 FOOT +-ll G!-l S+-lRUB AT TOP Of= SLOPE I ·~ :· . ·.· , . ·. . . •. - , ___ EXISTING CABLE TRAY ,.. EQUI c-LEvEJ:l • • PALOMAR AIRPORT ROAD COMMUNICATIONS SITE n~ ~ Witam wlreleea li-3» MIRA~ F'I..AC:E, SUITE ~ 64N. OS';iO, CA ~ (&19) &2S>-1&16 PALOMAR AIRPORT ROAD COMMUNICATIONS SITE ANALYSIS OF VIABILITY OF ALTERNATIVES A. Identification of Conditions 1. Geography a. Topography The vicinity of the proposed facility is near the east end of a canyon traversed by Palomar Airport Road. Toward the west end of the project area, near College Boulevard, the elevation is about 100 feet above sea level (MSL). Toward the east end of the project area, near Yarrow Drive, the elevation is about 300 feet MSL. Hills and ridges on the north and south sides of the canyon rise to elevations of about 300 feet MSL. To the north of Palomar Airport Road are smaller hills and promontories, with access from Palomar Oaks Way and Camino Vida Roble. To the immediate south of Palomar Airport Road, Palomar Oaks Way follows the canyon bottom toward the east, and joins Camino Vida Roble. Further to the south are steep hillsides. An electrical transmission line follows a northwest-southeast line, and climbs the hills. Sapphire Road follows the hilltop. Attached is a Site Vicinity map showing the topographical features and approximate locations of streets and roads. The location of the proposed facility is at the west end of Edison Place, a private street north of Palomar Airport Road, and west of Camino Vida Roble. The proposed location is on a slight promontory overlooking Palomar Airport Road. The effect of this topography is to create a bowl that is shielded from signals from adjacent communications sites. b. Development Development in the vicinity can be described as office-industrial parks surrounding Palomar- McClellan Airport, and single-family residential on hilltops to the south of Palomar Airport Road. In the immediate vicinity of the proposed project location are office and industrial buildings. These buildings range from one to three stories in height. These employment and business centers require mobile telephone services. c. Circulation The major thoroughfare in the vicinity is Palomar Airport Road, running between 1-5 and State Route 78 in San Marcos. This road carries a substantial amount of traffic since it is one of the few direct routes between the coastal and inland cities. This traffic is both regional and local. The vicinity also contains a network of looping connnector streets that include College Boulevard, Palomar Oaks Way, and Camino Vida Roble. To the north of Palomar Airport -Page 1 - (March 23, 2000) PALOMAR AIRPORT ROAD COMMUNICATIONS SITE ANALYSIS OF VIABILITY OF ALTERNATIVES Road, and to the south of Palomar-McClellan Airport, are local streets that provide access to the numerous office and industrial projects that surround the airport. To the south of Palomar Airport Road, access to residential areas is from College Boulevard. Motorists traveling either regionally or locally require mobile telephone services. 2. Wireless Communications Service Signals from surrounding communications sites do not adequately penetrate the canyon along Palomar Airport Road because of the relatively lower elevation of that area. B. Identification of Needs A communications site is needed to serve the growing employment area along Palomar Airport Road, and to serve motorists traveling in and through the area. The site should be low enough in elevation to provide signals in the canyon area without interfering with other signals that cover the higher elevations nearby. At the same time, the site should be raised sufficiently so that buildings and hills in the immediate vicinity do not block signal strength. Ideally, the site will accommodate the communications facility in such a way that passers-by do not readily notice the facility. The conventional method for accomplishing this is to place the facility on an existing building that sets back from main thoroughfares. This is also accomplished by placing panel antennas on building faces, and whip antennas on rooftops. C. Identification of Alternatives 1. Identification of Immediate Area The search area centered on sites that occupy moderately, but not extremely high points along Palomar Airport Road from near Camino Vida Roble to near Palomar Oaks Way. Sites that are further east do not adequately penetrate the canyon floor as it winds, and may interfere with signals from other communications sites in the future. Sites that are further to the west, do not penetrate the canyon effectively, and can interfere with sites in the coastal areas. The most likely areas for sites is on knolls southeast of the intersection of Palomar Airport Road and Camino Vida Roble, and on knolls lying north of Palomar Airport Road between Camino Vida Roble and Palomar Oaks Way. The most likely type of site is an existing building that will accommodate antennas with the least amount of construction and the least amount of visibility. This can be accomplished by using buildings that are set well back from busy thoroughfares. -Page 2 - [March 23, 2000] PALOMAR AIRPORT ROAD COMMUNICATIONS SITE ANALYSIS OF VIABILITY OF ALTERNATIVES 2. Identification of Potential Facility Sites a. Site A Site A is the proposed project site at 5858 Edison Place. The building is located at the end of a private cul-de-sac street, and has a modem design that accentuates irregular lines and color patterns. To the south is a landscape area with trees, and that slopes down to another cul-de-sac above Palomar Airport Road b. Site B Site B is the office building at 1903 Wright Place. It is the southerly twin building at the east end of the cul-de-sac, and is sited adjacent to and above Palomar Airport Road. The building is on a level pad, and the landscaping does not include large trees. The design resembles a light-colored concrete frame and windows, and does not include prominent roof parapets. c. Site C Site C is the green glass office building at 1935 Camino Vida Roble. The building is on a level pad that is at a higher elevation that others to the west. The building is visible from parts of Legoland. d. Site D Site E is the office building at 2011 Palomar Airport Road, on the southeast comer of Palomar Airport Road and Camino Vida Roble. e. Site E Site E is on the hillside to the south of Palomar Airport Road, and uphill from the SDG&E Transmission Line. The site is open space. It is Assessor Parcel 212-201-70. There is only partial access along the transmission line. Grading for a freestanding tower, an equipment building, access, and utilities would be required. 3. Evaluation of Individual Facility Sites a. Site A Site A was considered the optimal choice of the candidates. There are other existing wireless facilities at the site, and there was a preference for collocating to avoid controversy. The building is very close to Palomar Airport Road, but has trees on the exposed sides. The location of these trees result in the building not being effectively visible from Palomar Airport Road. This is because traffic moves at 55 miles per hour, around an ESS curve, and neither drivers nor passengers have an opportunity for a sustained view of the site. The building has a modern design that accentuates irregular lines and color patterns, and -Page 3 - [March 23. 2000) PALOMAR AIRPORT ROAD COMMUNICATIONS SITE ANALYSIS OF VIABILITY OF ALTERNATIVES provides an architectural camouflage for antennas. The site has larger trees on the south and west sides, facing Palomar Airport Road. b. Site B Site B was not pursued because it is highly visible to traffic on Palomar Airport Road, does not have landscape screening, and does not have a design that facilitates face-mounting antennas. The owner was not approached. c. Site C Site C was not pursued because the glass facade does not lend itself to antenna installation. The building does not overlook the area to the southeast as well as any of the other sites. The owner was not approached. d. Site D Site D was not pursued because the building is too prominent. Moreover, it does not overlook the western portion of the coverage area as well as the other sites. The owner was not approached. e. Site E Site E was not pursued because it is open space, and because of the inherent difficulties in developing a communications tower site on a steep hillside that is subject to open space limitations. The proximity of residential uses could result in controversy. The owner was not approached. D. Conclusions Although the number of potential sites are theoretically limitless, especially because of the amount of construction of new buildings, the more likely sites had features that made developing a communications site more problematical. Site A did not have problems, and it was pursued. Moreover, use of Site A would result in collocation on a building that was designed in a manner that downplayed antennas. -Page 4 - [March 23, 2000) :L-J ...__ __ _ ---- Al_~~TRD ( . ' .· \ \ ill\J \: 7'--i \\ / \\ ' ·, ~ '1 F'="\\ . '· ·r ~ -----~ \ .. .,,I ------- \ ~, \ \ --\ ~-\ \ ' ··--· ... _j -~1)(1......_ I ,,o ~. ·----_, "JlJ(;--- ...... _ .-I PALOMAR AIRPORT ROAD COMMUNICATIONS SITE VICINITY (' PALO AR AIRPORT ROAD COMMUNICATIONS SITE ANALYSIS OF VIABILITY OF ALTERNATNES Palomar Airport 094 2000-0111 Photograph of site from Palomar Oaks Way, south of Palomar Airport Road The building proposed for use as a communications site can somewhat be seen centered between the trees. Details of the building and existing antennas cannot be discerned because of intervening landscape. 12000-0111-1 I -ATTACHMENT 1 - (March 23, 2000) PALO AR AIRPORT ROAD COMMUNICATIO S SITE ANALYSIS OF VIABILITY OF ALTERNATIVES Palomar Airport 094 2000-0111 Photograph of site from Palomar Oaks Way, south of Palomar Airport Road The building proposed for use as a communications site can somewhat be seen centered between the trees. Details of the building and existing antennas cannot be discerned because of intervening landscape. (2000-0111··1] -ATTACHMENT 1 - [Mart:h 23, 2000] PALOMAR AIRPORT ROAD COMMUNICATIONS SITE ANALYSIS OF VIABILITY OF ALTERNATIVES Palomar Airport 094 2000-0111 3 Photograph of site from Palomar Airport Road traveling eastbound The building proposed for use as a communications site can be seen between the trees. Details of the building and existing antennas cannot be discerned because of intervening landscape, and because traffic is consistently moving at about 55 MPH. [2000-0111-3] -ATTACHMENT 2 - [March 23, 2000] PALONIAR AIRPORT ROAD COMMUNICATIONS SITE ANALYSIS OF VIABILITY OF ALTERNATIVES Palomar Airport 094 2000-0111 Photograph of site from the Owens Avenue cul-de-sac The building proposed for use as a communications site can be seen behind trees and landscaping. Due to the design of the building and landscaping, antennas are not visually prominent. The proposal includes whip antennas on the left corner of the building. These are not likely to be prominent because of their relative thinness and out-of-the-way location. [2000-0111-4) -ATTACHMENT 3 - [March 23, 2000] PALO AR AIRPORT ROAD COMMUNICATIO S SITE ANALYSIS OF VIABILITY OF ALTERNATIVES Palomar Airport 094 2000-0111 7 Photograph of site from Edison Place facade Existing panel antennas are shown. The antennas are of slightly different types, and use slightly different mounting hardware, but don't present an effective visual inconsistency because of their similarity and the design of the building . [2000-0111--71 -ATTACHMENT 5 - (March 23, 2000] PALOMAR AIRPORT ROAD COMMUNICATIO S SITE ANALYSIS OF VIABILITY OF ALTERNATIVES Palomar Airport 094 2000-0111 2 Photograph of Site B from Palomar Oaks Way, south of Palomar Airport Road The building is at 1903 Wright Place, north of Palomar Airport Road . Details of the building are somewhat obscured by intervening landscape when seen from Palomar Oaks. However, the building is clearly visible from Palomar Airport Road. The design does not provide the same opportunities to provide unobtrusive antenna placement. (2000-0111-2) • ATTACHMENT 6 - (Marcl1 23, 2000) PALO AR AIRPORT ROAD COMMUNICATIO~S SITE ANALYSIS OF VIABILITY OF ALTERNATIVES Palomar Airport 094 2000-0111 View of area looking southwest from Palomar Airport The building proposed for use as a communications site is in the approximate center of the photograph. The photograph shows the topography of the vicinity, and the extent to which the area is in a bowl. Site Eis located roughly in the center horizon, below the hilltop homes; it was rejected because of open space, visibility, and practicality problems. (2000-0111-8] -ATTACHMENT 7 - [March 23, 2000] Request for Rltfund City of Carlsbad Account#: 001a210 4302 Vendor#: Amount of Refund: $ 780.00 Fee Paid For: CUP 00-31x1 -Palomar Airport Communication Site Date Fee Paid: 09/01/06 Fee Paid By: Verizon Wireless ---'-'---------~c=.:..;~~_:;._::._-----~ Fee Supporting Request: Refund -Application withdrawn -Not required per Planner. NAME OF APPLICANT: Verizon Wireless _;_;:.:..:=:..;_;_;c..:..:.:...::..:..:.=c::.._ ______________ ~ STREET ADDRESS: _1---'s_so__;;s_s---'a-=-n_d-=-C-=-an_,,_y_on_A_v_;_e_nu_e ____________ _ CITY, STATE & ZIP: Irvine CA 92618 (949) 286-8734 PREPARED BY: :v. J. Dinsmore DATE: 101121oa -------------------- APPROVING~ l>EPARTMENT OFFlc,A.lfi/{_cj;;JJj~z;;;,__. DATE: /C -/d.-C£,.. APPROVING OFFICAL: DATE: /D -r 2---o 6 I so:o .fllLL 9004/£0/80 .. too fl!I [ ztu ·ON e:or l CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT USE ONLY) D Administrative Permit D Planned Industrial Permit D Administrative Variance D Planning Commission Determination D Coastal Development Permit 0 Precise Development Plan 00 Conditional Use Pennit cVf OD --3L CJ Redevelopment Permit D Condominium Permit D Site Development Plan D Environmental Impact Assessment D Special Use Permit D General Plan Amendment D Specific Plan D Hiirsicle De\ielopment Permit D +eRtatlJJe PaiGel Map Obtain from Engrneenng Department D Local Coastal Program Amendment D Tentatfve Tract Map D Master Plan D Variance D Minor Conditional Use Permit D Zone Change D Non~Residential Planned Development 0 List other applications not specified D Planned Development Permit 2) 3} PROJECT NAME: 4) BRfEF DESCRIPTION OF PROJECT: 5} OWNER NAME (Print or Type) 6) AP LICANT NAME (Print or Type) }11.C/(/?1 JVPV(J1f ~ftd°-0 f~':;{ J{)-t:t;.. Vt..r ;-Z-IJ r1 uJ i r.t4 e.ss MAILING ADDRESS MAILING ADDRESS /550'5 SA.nd {!,,.n on CITY AND STATE ZrP TELEPHONE CITY AND STATE ZIP C-ltrl btLtl A , EMAIL ADDRESS: (FOR DEPARTMENT USE ONLY} TELEPHONE CJ't'f ... I CERTIFY ntAT l AM THE LEGAL OVJNER Af\IJ THAT ALL THE ABOVE 1 L\IFORMATI IS TR NO CORRECT TO THE BEST OF MY I CERTIFY TH.\T I AM W.E AL REPRESENT. NE OF THE OWNER AND THAT ALl THE ABOVE rNFORMATION IS TRUE ANO KNOWLE E i '6-~S~<t; Sf GNAT DATE C?TCT: THE BEST OF MY KNOWLEDGE. S~E~ 41,j, Dr;:~-{)' 7) BRIEF LEGAL DESCRIPTION NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE A?Pl.JCATIONS BE FILED, MUST BE SUBMITTED PRK>R TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SllBMITTED PRIOR TO 4:00 P.M. Form 14 ~C-71 on c-n finw soo f2J [ Z£TL • ON aor] oNTHE I So~.:fhasf"trl[i I (NORTH, SOUlH~ AST, WEST} SIDE OF I e..lt so '1 p l~e.,,. (NAME OF STREET} BETWEEN I taro 1 a a Vi tltA. & b le.. I (NAME OF STREET} AND I 5f'r-.uA' f..umirzu s (NAME OF STREET} 9) LOCAL FACILITIES MANAGEMENT ZONE €' 10} PROPOSED NUMBER OF LOTS 011) NUMBER OF EXISTING [QJ 12) PROPOSED NUMBER RESIDENTIAL UNITS OF RESIDENTIAL UNITS 13} TYPE OF SUBDIVISION I nJ~ 114} PROPOSED IND OFFICE/ w 15) PROPOSED COMM SOUP.RE FOOTAGE SQUARE FOOTAGE 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19} GROSS SITE ACREAGE 22) EXISTING ZONlNG } n/a.. j 11} PROPOSED INCREASE INADT 1~.o 120) EXISTING GENERAL PLAN ~ 23} PROPOSED ZONING 018} PROPOSED SB'VER USAGElN EOU I PL 121) PROPOSED GENERAL PLAN DESIGNATION fl?Ol 24) HABITAT IMPACTS ~ IF YES, ASSIGN Hr.1P# 25) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSJONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND E"NTT PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. lfWE CONSENT TO ENTR~ THIS J:. SE :e_111/ SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED Form 14 FEE REQUIRED 17L l LIT71'LQ -I -.-._ \ -I I '_) :~ I -_:_ ~' I -' - DATE sTAMP APRl.ICATfiON. RECEIVED ---1 RECEIVED BY: P1\b71 nn rn Rm .. 1 POOR QUALITY ORIGINAL (S) ::~,J~~,~-···.· •<~~~:~!SON~~· "'i :·~:: '"·~."·· --'.···~ Sta<a: fW\1 HDA'WN Af'f'IJCANT f\JERIZON WIREL£SS 1' Diie. l091U1t2!0> _.,.,. r Prciect T~. f PALOMAR AIRPORl RD COMM SITE D~ fEXTENSIDN OF EXISTING CUP S~JREG iJ A!limo f5ii58EDIS0Nf'l. CBAl)• •. c:.~M-·-·" ,,. •"""-""''''"tlie;. ~··h_-'". ~-;_ ·---~-.. ' ., ·~ -.-.. ' -.,.~ , ---~--------~~~ ---Licentee: O:y Of Carlsbad. c.. Part:et lili052.ai;m ·., . INOVN: MICXEY SEPERAT,E TRUST 11)-17~ A!dcfrt "1Eili21ihiiiREiE5G;;~~ ~Di AdiarL r """""o--c-,_-,-::_-::_-C1_1_ Ai>IM°* L'-'-L1_1_ ,,_......., Optncl r L1_1_ L1_1_ -DATES- ~ fOSiD112!Di C""'Plole:C1_1_ Ell!liw C1_1_ Withdr_, (09n4121m ~L'-'- 1nF1: r Cfieiit;;~~~-~ii~~~~~~-g;~:.:;~~;z.--i·~~~;;;;;;.~ 1~~----i-..ti~FHT6Wor1t!~~)!_•P--~~~~ 1~~--- ~ P""'1tlt· JQJPOO'."" St,iuo. f;7"" Date· PLAN COM! Telecommunications Project Management September 14, 2006 VZW -Palomar Airport Road Ms. Chris Sexton CITY OF CARLSBAD 1635 Faraday A venue Carlsbad, CA 92008 Re: Verizon Wireless: "Palomar Airport Road" CUP-00-31x1 Withdrawal Request Dear Ms. Sexton: Sent Via Hand Delivery Based on our correspondence dated September 13, 2006, it is our understanding that the City of Carlsbad's newly adopted CUP ordinance al1ows for our proposed project located at 5858 Edison Place, previously approved under CUP-00-3lxl, to be submitted as a Minor Conditional Use Permit and subsequently reviewed and approved administratively. The proposed project has not changed in concept or design and exists as it was originaUy approved in 2000. Verizon Wireless seeks reconsideration of this project which consists of fa~ade mounted antennas on an existing industrial warehouse and a 9'x36' equipment area. No changes or modifications are proposed at this time. In order to be considered under the new CUP guidelines please accept this Minor CUP Application and supporting documentation for a \~vireless facility at 5858 Edison Place. Also please consider this letter as our formal request to withdraw our September 1, 2006 CUP application 00-31x1 \vhich sought the renewal of the original permit .. I will be the contact person for this project, therefore if you have any questions or comments please do not hesitate to contact me by phone at 760-587-3003 or via email at kerrigan.plancom@sbcglobal.net. Sincerely, Kerrigan Daugherty, Land Use Consultant Agent for Verizon Wireless 302 State Place Escondido, CA 92029 760-587-3003 mobile 760-735-4913 fax zoo~ [ ZUL "ON aor l flBJ. 900Z/t'O/fl0 • -· City of Carlsbad l@@l.thhi4i•l4·EHl,,t4.11 DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board. Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint ventura. association, social club, fraternal organization, corporation, estate, trust, receiver. syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit ... Agents may sign this document; however. the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent} Provide the COMPLETE .. LEGAL names and addresses of ALL persons having a financial interest in the application. If the appficant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA} IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Vtr i"t[)n w i rv/~5~ Corp/Part __________ _ Title Title --------~--------------~----- Address 1~5{)5'° '5A.ltd Ctnycn th,.t.., Address _________ _ k(VtW/ IC.A 9:t-ftl'3 2. OWNER {Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, Pl.EASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-owned corporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.} Person )1 i C Jr f; ''1 JV CV /hf Corp!Part __________________ ~------~ Title Ow""'-~ Title ------------------------~------ 1635 Faraday Avenue• Carlsbad. CA 92008-7314 • (760) 602-4600 •FAX (760) 602-8559 • WWVJ.ci.caclsbad.ca.us {i) too~ [Z£TL ·oN aor] • 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1} or {2} above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organizatron or as trustee or beneficiary of the. Non Profit/Trust 0 /0..... Non Profit{Trustc...----------- Title Title --------------~ ~-------------- Address ------------~ Address _____________ __ 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve {12) months? Oves B°No If yes, please indicate person(s): _____________ _ NOTE: Attach additional sheets if necessary. f certify ?Jt:/ wation is true Md cor~ ;:~·~;~~ if oof h Signature of owner/date Signature of aJ)PliCallt/ ate Print or type name of owner Print or type name of applicant j{4A.LMla.JiJ.N ~,.,1: ~ -;;is~ob Signature of ~pkt'S agent jf applicable/date )!el\ON AEf)f.)IW e~:7t on "n Bnw .. •• - -. ---. - DEC-24-00 02:11 PM "ttKEY HOYAK HOME 61.04611 ATIORNEY'S CERTIFICATION {MICKEY NOVAK SEPARATE TRUST) I, TIMOTHY J. KAY, hereby declare that I am an attorney at law, duly admitted to practice before the courts of the State of California. and a partner in the law firm of Gibson, Dunn & Crutcher LLP. I prepared the SECOND AMENDMENT TO AND COMPLETE RESTATEMENT OF DECLARATION OF TRUST (MICKEY NOV AK SEP ARA TE TRCST) dated October 17, I 992, as amended on May 5, 2000, and have possession of an executed copy of that Amendment. I hereby certify that the copy to which this certification is attached is a true and correct copy of the Second Amendment and Complete Restatement to the MICKEY NOV AK SEPARATE TRUST from which Articles IV, V, VI, VII, VIII, IX and X (pages 3· 12) have been deleted. Said Articles merely contain dispositive provisions which have no bearing on the power or authority of the Trustee to take any particular actions or the validity of the Trust. I declare under penalty of perjury that the foregoing is true and correct and that this certification was executed by me on the 12th day of May, 2000, at Irvine, California. "') i -. /, . ·-... -I/ ;V • • ,--J -........._ ~--',---· -..::> I > Timothy J. Kay 30176556_1.DOC P.01 ·" Received: 12/24/00 2:13PM; DEC-24-00 02:12 PM 619 3504611 -> JM Consu1ting Group; Page 2 ~KEY NOVAK HOME SEC01''D A..'1ESDMENT TO AND COMPLETE RESTATEMENT OF DECLARATION OF TRUST (MICKEY NOVAK SEPARATE TRUST) \VHEREAS. MICKEY E. NOV AK. as Trustor, entered into a certain Declaration or Trust on October 17, 1992, of which MICKEY E. NOV AK is the initial Trustee; and WHEREAS. pursuant to Section 3.1 of the Declaration of Trust. Truster reserved the nght to amend said Declaration of Trust; and P.02 WHEREAS. Trustor amended and completely restated said Declaration of Trust pursuant to that ce11ain First Amendment to Declaration of Trust (Mickey Novak Separate Trust) datcc October 24. 1992~ and WHEREAS. Trustor desires to further amend said Declaration of Trust. NOW, THEREFORE, said Declaration of Trust is hereby amended and restated in its entirety to read as follows: 11MICKEY E. NOV AK (hereinafter sometimes referred to as "Trustee" where reference is made to him in his capacity as the Trustee or fiducial)' hereunder), hereby declares that MICKEY E. NOV AK (hereinafter sometimes referred to as "Trustor" where reference is made to him in his capacity as the creator of this trust and the transferor of the principal properties thereof). has transferred and delivered to Trustee, without consideration, all right, title and interest in and to the property described in Schedule A attached hereto. MICKEY E. NOV AK, as Trustee, accepts the property and liabilities set forth in Schedule A (which property and liabilities, together with any other property that may become subject to this Declaration of Trust, shall constitute the Trust Estate) and agrees with Truster that said property, together with any other property hereafter added to the Trust Estate, is to be held by Trustee, IN TRUST, upon the following terms and conditions. Any reference to "Trustee" shall be deemed to refer to Co-Trustees whenever they are acting unless expressly provided t•) the contrary. Capitalized terms shall have the meanings ascribed to them in Section l of Schedule E of this Declaration of Trust. unless the context requires otherwise. Received: 12/24/00 2:13PM; 619 3504611 ->JM Consu1ting Group; Page 3 DEC-24-00 02:12 PM HOYAK HOME 61.04611 ARTICLE I Il'i'TRODUCTION l. l Name of Trust. This trust, as it exists during the lifetime of Truster and as it exists prior to the division of its assets as provided in Article V, may for convenience be km>\''11 as the "MICKEY NOV AK SEPARATE TRUST." P.03 . 1.2 Certified Copies. To the same extent as if it were the original. any person dci.lling with the Trust or Trustee (hereinafter referred to as the "Third Party") shall be entitled to rely upon a full copy of the Trust or a portion of the Articles herein and any amendments thereto. \Vhich copy or partial copy shall be certified by Truster, by Trustee or the attomcy ha\·ing possession of the original or an executed copy, as a true copy of this Declaration of Trust and or any amendments hereto (and the writings, if any. endorsed thereon or attached thereto). The Third Party may rely upon any statements of fact certified by those who appear from the ongmal Declaration or an executed counterpart or a certified copy thereof to be the Truster or Trustee hereunder or by the attorney for any such person. The Third Party shall incur no liability to the Trust or any beneficiary hereunder for acting upon an order or request of the Trustee made pursuant to the terms hereof as set forth in the copy or partial copy and shall not be required to see to the disposition of any proceeds or the faithful discharge of the Trustee's duties hereund·~r. Jn no event shall any Third Party have access to a copy of the portion hereof setting forth the distribution of income and principal, except as may be determined in the absolute discretion of the Trustee. 1.3 Governing Law. This Declaration of Trust has been executed and delivered in the State of California. and the laws of the State of California shall govern its validity, interpretation. construction and administration. ARTICLE II NATURE OF PROPERTY Ai.'~ ADDITIONS TO TRUST 2.1 Character of Property. Truster declares that all property transferred into this Declaration of Trust is Trustor's separate property. In the event of revocation of the trust with respect to any property, it shall be returned to Trustor as his separate property. 2.2 Additions to Trust. Additional property acceptable to Trustee may be transferred to Trustee and thereby made subject to this Declaration of Trust by Trustor or any other person. Such additions may be made by lifetime transfer, by Will, by naming Trustee as the beneficfary of insurance policies. by naming Trustee as the beneficiary of or under an employees' trust fanning part of a pension, stock bonus or profit sharing plan, or individual retirement account. by exercising a power of appointment or by any other means. Supplemental schedules may be added to Sc;hedule A iO reflect additicr.s tc er wit.'ldrawa.!s from the Trust Estate. but the faih.Jre to add such a schedule shall not invalidate any otherwise valid addition or withdrawal. L"nless specified to the contrary herein, reference to Trastor shall refer solely to MICKEY E. NOV AK whether or not other persons transfer property to Trustee. 2 Received: 12/24/00 2:14PM; 619 3504611 -> JM Consui~ing Group; Page 4 DEC-24-00 02:13 PM NOVAK HOME P.04 2.3 Allocation of Certain Additions. Any property payable or accruing to Trustee as a result of the death of the Trustor shall, unless specified to the contrary in the instrument of transfer, be added to and fonn part of the Trust Estate of the MICKEY NOV AK SEP ARA TE TRUST, to be held, administered and distributed as set forth herein and in any amendment to this DccJaration of Trust. ARTICLE Ill POWERS RESERVED BY TRUSTOR 3.1 During Life of Truster. During the life of Truster, this Declaration of Trust may be amended or revoked by Truster in whole or in part in a written instrument. Following the death of Truster, the trUSt hereunder shall be irrevocable and unamendable. 3.2 Distribution on Revocation. Upon revocation, in whole or in part, the prope11y affected by such revocation shall be distributed to the Truster; provided, however, Trustee (if such person is a person other than Trustor) shall be entitled to retain sufficient assets to reasonably secure payment of any liability lawfully incurred by Trustee in the administration of the Trust, including Trustee's fees which have been earned, unless Truster shall agree to indemnify Trustee against loss or expense with respect to such liabilities in a mutually satisfactory manner. 3.3 Amendments. Amendments shall not substantially increase the duties or liabilities of Trustee or change the compensation of Trustee without the Trustee's written consent, and Trustee shall not be obligated to act under any amendment until the Trustee accepts the same. ARTICLE IV DISTRIBUTION OF INCOME AND PRINCIPAL DURING TRUSTOR'S LIFETIME This space intentionally left blank. Articles IV, V, VI, VII, VIII, IX and X (pages 3-12) deleted from original version. Said Articles merely contain dispositive provisions of trust. 3 Received: 12/24/00 2:14PM; eig 3504611 -> ~M Consu1ting Group; Page 5 DEC-24-00 02:13 PM '4tKEY HOVAK HOME 61-504611 - ARTICLE XI TRUSTEES 11.l Powers of Trustee. To carry out the purposes of this trust and subject to any limitations provided elsewhere in this Declaration ofTrust, Trustee is vested with the powers s•:t -forth in Schedule C, attached hereto and incorporated herein by this reference, in addition to .those now or hereafter conferred by law, affecting the trust and the Trust Estate, all of said powers to be exercised in Trustee's fiduciary capacity and not otherwise. 11.2 Resignation. Any Trustee may resign at any time by a written instrUment that is signed and dated and delivered to the then-acting Co-Trustee, if any, otherwise to the designated Successor Trustee, if any, othetwise to the current income beneficiary(s) of each trust currently established hereunder. 11.3 Successor Trustees. (a) During his lifetime, Trustor MICKEY E. NOV AK shall have the power. by a written instrument that is dated and signed, to appoint one or more persons and/or corporations to act as Co· Trustee or successor Trustee, subject to revocation or removal in like manner. ~DJ Upon fr1e dea.tl-11 resi5uation, inability or unwillingness cf Truster to seI""e as Trustee, unless a successor Trustee has been effectively designated pursuant to Section 11.3( a), WELLS FARGO BANK shall act as successor Trustee. (c) If two licensed physicians certify under penalty of perjury that in their opinions a Trustee or prospective Trustee is, through illness or other disability, incapable of 12 P.05 . Received: 12/24/00 2:14PM; 619 3504611 -> JM Consuiting Group; Page 6 . DEC-24-00 02:13 PM ~EY NOVAK HOME 61~504611 actmg as Trustee. the mability of said Trustee to act shall be deemed established and the successor Trustee shall commence to act. P.06 11.4 Removal of Corporate Trustee. At any time while a corporate Trustee 1s acting, any person acting as Co-Trustee, or if none, the Special Trustee, shall have the power to remove a corporate Trustee, with or without cause, and shall concurrently appoint a successor corpori1~ Trustee, by a written instrument that is dated and signed and delivered to the then acting Trustee(s). Such removal shall be effective upon the expiration of two (2) months after the date that the notice of removal is delivered to the then acting Trustee(s). A successor corporate Trostce sh;.ill be limited to a bank or trust company authorized to do trust business in California with assets .. mder management in excess of Five Hundred Million Dollars (SS00.000,000). Such power ofremoval may not be exercised more than twice in any five-year period. 11.5 Resignation of Corporate Trustee. In the event a corporate Trustee shall resign pursuant to Section 11.2, the same person(s) who hold the removal power pursuant to Section 11.4 shall have the power to designate a successor corporate Trustee meeting the standards of Section 11.4. If no successor corporate Trustee is thus appointed, one shall be appointed by a court of competent jurisdiction upon application by the resigning corporate Trustee or any person interested in the Trust. 11.6 Special Trustee. For purposes of this Article X1 and Paragraph S of Schedule B hereunder, the initial Special Trustee hereunder shall be ROBERT W. LOEWEN. If ROBERT i~ unable or unwilling to act as Special Trustee, PAUL NOV AK shall act as Special Trustee. Tic Special Trustee rna.y resign at any time in writing. The survivor ofROBERT W. LOEWEN and PAUL NOV AK shall have the power, by a written instrument that is dated and signed and delivered to the acting Trustee(s), to appoint one or more successor Special Trustec(s), exccp: that a present or contingent beneficiary of such Trust hereunder or a related or subordinate person (as defined in Code Section 672(c)) thereto shall not be named as a successor Special Trustee. If no successor Special Trustee is thus appointed, one may be appointed by a court C1f competent jurisdiction. When any Child ofTrustorwho is a beneficiary ofa Trust for Issue attains the age of twenty-one (21) years, each such Child shall have the authority of the Special Trustee to remove and appoint a corporate Trustee for his or her Trust for Issue and the Special Trustee shall no longer exercise that power. 11. 7 Additional Provisions. Additional provisions respecting Trustees and the administration of any trust established under this Declaration of Trust are set forth in Schedule D. attached hereto and incorporated herein by this reference. 13 .x~ended Page B.1 ·• •· By~~~~___:1_·~-·'---.>~~-:_--~-~-~~-- Timothy J. Kay Attorneys for Trustor 14 ·• l0"d acting as Trustee. the inability of said Trustee to act shall be deemed established and the successor Trustee shall commence to act. 11.4 Removal of Corporate Trustee. At any time while a corporate Trustee is acting. a..T'ly person acting as Co-Trustee, or if none, the Special Trustee. shall have the power to rl!movc a corporate Trustee, with or without cause, and shall concurrently appoint a successor corporate Trustee, by a written instrument that is dated and signed and delivered to the then acting Tmstee(s). Such removal shall be effective upon the expiration of two (2) months afte;thc r.latc that the notice of removal is delivered to the then acting Trustee(s). A successor corporate Trustee sh:'" be limited to a bank or trust company authorized to do trust business in California with assets under management in excess of Five Hundred Million Dollars (S500,000,000}. Such power of removal may not be exercised more than twice in any five-year period. 11.5 Resignation of Corporate Trustee. In the event a corporate Trustee shall rl!sign pursuant to Section 11.2, the same person(s) who hold the removal power pursuant to Section 11.4 shall have the power to designate a successor corporate Trust"ee meeting the standards of Section 11.4. If no successor corporate Trustee is thus appointed. one shall be appointed by a court of competent jurisdiction upon application by the resigning corporate Trustee or any person interested in the Trust. 11.6 Special Trustee. For purposes of this Article XI and Paragraph 5 of Schedule B hereunder, the initial Special Trustee hereunder shall be ROBERT W. LOEWEN. If ROBERT is unable or unwilling to act as Special Trustee, PAL'L NOV AK shall ac:t as Special Trustee. The Special Trustee may resign at any time in writing. The survivor of ROBERT W. LOEWEN and PA.UL NOV AK shall have the power, by a written instrument that is dated and signed and delivered to the acting Trustec(s), to appoint one or more successor Special Trustee(s), except that a present or contingent beneficiary of such Trust hereunder or a related or subordinate person (as defined in Code Section 672(c)) thereto shall not be named as a successor Special Trustee. lf no successor Special Trustee is thus appointed. one may be appointed by a court of competent jurisdiction. When any Child of Truster who is a beneficiary of a Trust for Issue attains the age of twenty-one (21) years, each such Child shall have the authority of the Special Trustee to remove and appoint a corporate Trustee for his or her Trust for Issue and the Special Trustee shall no longer exercise that power. 11. 7 Additional Provisions. Additional provisions respecting Trustees and the administration of any trust established under this Declaration of Trust are set forth in Schedule D, attached hereto and incorporated herein by this reference. 13 lt9'P0~£ 6t9 Z0"d • ARTICLE XII MISCELLANEOUS PROVISIONS Other provisions of this Declaration of Trust arc set forth in Schedule E. attached hereto and incorporated herein by this reference." EXECUTED in triplicate original at ( i'l. t. ·-•• ' -1'', California on _/. .... "'_1_. _·¥_.' --'--· 2000. / 1 .' / I /!:,1 :{-./ APPROVED: GIBSON. D~ & CRUTCHER LLP Timothy J. Kay Attorneys for Trustor tt9t>0S£ 6t9 MICKEY E. NOV AK Truster and Trustee 14 t -• LAWYERS TITLE COMPANY Subsidary of Lawyers Insurance Corporation Issuing Office: Lawyers Title Company 4542 Ruffner Street, Suite 200 San Diego, Ca 92111 AirTouch Cellular 5355 Mira Sorrento Place #500 San Diego, CA 92121 ATTN: Kathie Wagner Dated 06/08/99 Your No.: Palomar Airpo Our No. 263392-02 As of June 1, 1999 there are no changes to our report except for the following matters: Please add item #34 as follows: An unrecorded Lease with certain terms, covenants, conditions and provisions set forth therein Lessor: Lessee: Disclosed by: Recorded: Mickey E. Novak Trustee of the Mickey Novak Separate Trust U/D/T dated October 17, 1992 Pacific Bell Mobile Services, a California corporation Memorandum of Lease April 26, 1999 as File/Page No. 1999-0275756 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. Title Officer: Andre Pitchford, X#417 or 418 -- 1-f1--0C/i-3o RECORDING REQUES1ED BY. AND WHEN RECORDED. RE11JRN TO: Pacific Bell Mobile Savices 1345 &170 C..ot"rt.e&~~ (.:t. I 5 •.• ,_t.e. (fD :6t:t-~'\ 7)<'~;5c·, lrl 1d-!J.1 Attention: / A~ 111J , • . ..z.· V41-~ n: i·f\1~1jSlr".:i...;.11!"'..-..... • J l§- DOC # 1999-0275756 APr 26~ 1999 8:11 Off1CIAL REDJRDS Plllf Dlffil reNrl R£lmtR'3 CFFICE GlmlRV J. SiITif, CWflY REmmER AM FEES: SS.00 OC: ff 1111 l11'111!:1111il 11r:1 1111:!ll11llll~llllll~: Ill f~tll11111·11 1 1 1.. 1 , • ~ llii. " .1 11 .11 r JI 1u. J 1999·0276766 MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE ("Memorandum") dated as of 0 t f 9.."]; . 199.1 is between Micke·1 E Nswek Tnwee of the Mkkey Nmak Stl)AlQ.Ie Trust UIDIT Q;m~d Os:t'dt.er J7 1222 ("Lesser"), :md PACIFIC BELL MOBILE SERVICES, a California corporation (-Lessee"). RECITALS . . . WHEREAS. Lessor and Lessee have executed that certain Communications Site Lease Agreement (''Lease") dated as of Od. 1~ . 199Z. covering cutain premises ("Pmxifses'') ii"nwed on Cata.in rC3l property l0C1ted in the City of CatJsMd County of San Diego. Slate of California. and lijore particularly described in Exhibit .. A" atbched hcreio and incorporated herein by this reference; and · WHEREAS, Lessor and Lessee desire to record notice of the Lease in the Official Records of San Diego County. Califoroia: NOW, THEREFORE. in consideration of the foregoing. Lessor and Lessee _hereby declare as follows: 1. Demise. L~r bas leased the Premises to Lessee (together with aca:ss rights), and Lessee has hired the Premises from Lessor. subject to the tcans, covenants and conditions contained in the Lease. z. Expir.itio13 Date. The term of the Lease ("Term'') is scheduled to commence on or befoxe ApriJ 1. 199~ and shalt expire~ (!Q) ye:us thereafter, subject to Lessee's option to exttnd the Term :pw-suant to Seclion 4 of the Lease for four @) arlditional tenns of~ ill years each. -3. Lease Controlllru?,. This Memorandum is solely for the pmpose of giv.i.Dg constructive notice of the Lease. In the event of conflict between the terms of the Lease and this Memorandum. the tenns of the Lease shall control .. (SIGNATURE PAGEFOLLOWSJ 22413LEJ.DOC s 10/09197 Order. 0002-00000263392 Description: 99.275756 Page 1 of4 Comment: LISA 1346 04Jr:11197 (0Vt2J96) IN WITNESS WHEREOF, Lessor and Lessee have _executed this Memorandum of Lease as of the date and ye:tt fiat written above. ATIEST WITNESS (si gna.l.Ille) Name (print or type): --------- Date signed: ------------ ATJ'EST WITNESS (signat.ure) Name (print or type): --------- Dare signed: ------------ 9 Order: 0002-00000263392 Description: 99.275756 LESSOR. 1\.IICKEY E. NOVAK TRUSTEE OF THE l\fiCKEY NOV AK SEPARATE TRUST, umrr DATED OCTOBER717.· 1992 By; . ~/../ I-IL--: ' I (signature) Name (print or tjrpe): M•ci-ey E Novak Title: Trustee LESSEE PACJFIC BELL MOBJLE SERVICES, A CALIFO~ CO~RAnoN By.7~~ (signatuzc) Name (print or type): f11 i 'L..A! l P. ff ;11 Ji Title~ 12irv<-~r 12-tp!a'f~ ~ Oµo.lims. · 1CJ09197 Page 2 of4 Comment: LISA ~ .. J • STATE OF CALIFORNIA COUNTY OF Sliv Q \~r-, o. ) ) 1347 °'4/02197 (01112196) On Cc)r. q lf:t~/ before me, lt.S A Hl\"....scoc..k. pcTSOnally appeared th~ d< ~ V Eel...,..,....-& N oV' .... 'K.: ----, p=:i;otmly knews to me (Qi: pro.fed to me on the basis of satisfactory evidence) to be the pers-0n(~) whose name~} isl;yC subscibed to the within in.suument and acbtow~ lO roe that he/she/H\ey ex~uted rhe same in . hislhet'lt:heirauthorized capacity(i't!i), and that by hislhetitheir signa.tureOO on the iostrument the pcrson(8-). or the entity upon behalf of which the person~ a.crt:d, execuced tbe instrumenL 1 • • • • • · . . • . 41 .. ~:"'Y hmd 2'1d offlcfal=L Signature: ~ ~ STA TE OF CAI...I_fORNlA COUNTY OF -~ 'l)i. ':;O ) ) -e ~HNJCOCIC f ~ -.,: Cornmis:;~. /. I07JS75 ~ " Notary Pt..-e:ic -ca=rom1a s:. Son Oi.sv> Co!.M'lty -Mv Comm. Expil•:. Oct 1• 1999 On Lio.i .. ....,,f..~r I~. 1'1'71 bcforemc, ///)''") ·i tfu?:7"r.<.rv-i pcrsonai1y appc3ted r'hi.:.C.,.d e. ?l-;n""' .. personally known to me ~~ved to me on the basi:s ofsatisfuct011 evidence) to be the person~ whose n.amc:(1) isl~ subscribed to the within instrument and aclcnowlcdgcd to me that hc/slldlbc:y executed lhe same m hls/her"/theit authorized capacity(jes), and that by h.islhd'/tbcfr sigDaturcOO on the insttutnent the peisonoo; or the entity upon behalf of which the personOO act.ed. executed the instrument. WITNESS w.y haod a;zcial seal. Signature: (!.~ l{!.~r-i.- Z:Ul3LEJ.DOC 10 Order. 0002-00000263392 Description: 99.275756 Page3of4 Comment: LISA .. 13.48 EXHIBIT A LEGAL DESCRIPTION OFLESSOR.'S PROPERTY Lessor's Property of which Premises are a part is legall.y described as follows: Property Address: 5858 &Uson Place Carlsbad, California 92008 .Assessor's Parcel Number: Zl2-Q92-23-00 San Die&'Q County, California PARCEL A: Paree! 2. of Pa.reel Map No. 15687, in the City of Carlsbad., County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on May 30, 1989 as File No. 89-283195 of Official Records. EXCEPTING TIIEREFROM 50 percent of al oil. mineral, gas and other hydrocarbon substances below a depth of 500 feet under the real property above describe~ without the right of surface entry7 as reserved by Carlsbad Properties, a partnership, in deed recorded July S> 1978 as File No. 78-279136 of Official Records. RESERVING THEREFROM an easement for general road, all utiliti~ drainage and incidental purposes over that certain "General Utility & Public Access Easement dedicated to the City of Carlsbad hereon" aka Edison Place (private street),as shown on Parcel Map No. 15687, in the City of Carlsba~ County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on May 30, 1989 as Ftle No. 89-283195 of Official Records. PARCELB: An easement for general road, all utilities, drainage and incidental purposes over that certain .. General Utility & Public Access Easement dedicated to the City of Carlsbad hereon" aka Edison Place (private street),. as shown on Parcel Map No. 15687, in the City of Carlsbad,. County of San Diego, State of Calif a~ filed in the Office of the County Recorder of San Diego County on May 30, 1989 as F'tle No. 89-283195 of Official Records. EXCEPTING TIIEREFROM all that portion lying within Parcel '~A" above. 6 Order 0002-00000263392 Descriotion: 99.275756 Page 4 of4 Comment: LISA LAWYERS TITLE COMPANY 4542 Ru££ner Street, Suite ~00, San Diego, CA 92111 Te1ephone (619) 278-4171 PRELIMINARY REPORT AirTouch Cellular 5355 Mira Sorrento Place #500 San Diego, CA 92121 Attention: Kathie Wagner Escrow Gfficer: Te1ephone: 625-7683 Fax: Your No.: Palomar Airport Rd. Our No.: 263392-02 Property Address: 5858 Edison Place Carlsbad, CA Title Officer: Andre Pitchford, X#417 or 418 Alan Schaffner, Assistant Title Unit's FAX {619) 279-8914 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, LAWYERS TITLE COMPANY, a Ca1i£ornia Corporation, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Lawyers Title Insurance Corporation 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 in 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 which issued this report. Please read the exceptions shown or referred to in Schedule B of thi~ "eport and the exceptions and exclusions set forth in the cover sheet attac·~ed to this report carefully. The exceptions and exclusions are meant to provide ycu with notice 0£ 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 writteu 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 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. CLTA Preliminary Report (Rev. 1-1-95) ORDER NO.: 263392-Q2 SCHEDULE A Date of Report: 03/25/99 The fonn of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE as to Parcel A; AN EASEMENT as to Parcel B. 2. Title to said estate or interest at the date hereof is vested in: Mickey E. Novak Trustee of the Mickey Novak Separate Trust U/D/T dated October 17, 1992 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.: 263392-02 EXHIBIT A (LEGAL DESCRIPTION} Parcel A: Parcel 2 of Parcel Map No. 15687, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, on May 30, 1989 as File/Page No. 89-283195 of Official Records. Excepting therefrom 50 percent of all oil, mineral, gas, and other hydrocarbon substances below a depth of 500 feet under the real property above described, without the right of surface entry, as reserved by Carlsbad Properties, a partnership, in deed recorded July 5, 1978 as File/Page No. 78-279136 of Official Records. Reserving therefrom an easement for general road, all utilities, drainage and incidental purposes over that certain "General Utility & Public Access Easement Dedicated to the city of Carlsbad Hereon" aka Edison Place (private street) as shown on Parcel Map No. 15687, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, on May 30, 1989 as File/Page No. 89-283195 of Official Records. Parcel B: An easement for general road, all utilities, drainage and incidental purposes over that certain "General Utility & Public Access Easement Dedicated to the city of Carlsbad Hereon" aka Edison Place (private street) as shown on Parcel Map No. 15687, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, on May 30, 1989 as File/Page No. 89-283195 of Official Records. Exci;pting therefrom all that portion lying within Parcel "A" above. END OF SCHEDULE A ORDER NO.: 263392-02 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 1999-2000 which are a lien not yet payable. 2. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 3. The lien of a "Special Tax" pursuant to Government Code, Section 53328.3 and Streets and Highways Code Section 3114.S or other Community Facilities Assessments, as provided by Municipal Code which is collected with the County (and City) General and Special Taxes. 4. Easements and right of way for road and public utilities, and appurtenances thereto, as reserved and conveyed by various deeds of record. Affects: Easement Parcel B Any interest existing by virtue of covenants, conditions and restrictions and easements herein shown, have not-been examined or traced beyond the dates of the"instruments creating the same. · 5 . · An agreement to which Dated: reference is hereby made for full particulars May 14, 1984 6. By and between: Regarding: Recorded: Covenants, conditions Recorded: Palomar Business Park, a joint venture and the City of Carlsbad hold harmless agreement June 7, 1984 as File/Page No. 84-214355 of Official Records and restrictions as set forth in the document. September 12, 1986 as File/Page No. 86-401456 of Official Records and any amendments or modifications thereto. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mc,rt3age or deed of trust made in good faith and for value. Among other things, said document pro·.rides for: Homeowners association Said instrument also provides for the levy of assessments, the lien of which are stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value. ORDER NO.: 263392-02 SCHEDULE B (continued) NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin as provided in 42 U.S.C. Sec. 3604, unless and only to the extent that the covenant (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Sec. 3607, or (c) relates to a handicap, but does not discriminate against handicapped people. Modification(s) Recorded: of said covenants, conditions and restrictions January 28, 1987 as File/Page No. 87-048040 of Official Records 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Purpose: Recorded: Affects: Carlsbad Airport Centre, Owners Association, a California Non-Profit Mutual Benefit Corporation Common Area October 31, 1986 as File/Page No. 86-497819 of Official Records that portion of Map 11287 for the Common Area, as more fully described in the Declaration of Covenants, Conditions and Restrictions for Carlsbad Airport Centre, San Diego County, California, recorded September 12, 1986 as File/Page No. 86-401456 The exact location and/or extent of said easement is not disclosed in the public records 8. An easement for aerial and underground public utilities and purposes incidental thereto as granted to San Diego Gas and Electric Company, by deed recorded June 12, 1987 as File/Page No. 87-328080 of Official Records. 9. Affects: The location of said easement is set forth in said document. Reference is made to said document for full particulars. An agreement to which Dated: By and between: Regarding: Recorded: reference is hereby made for full particulars April 7, 1989 Carlsbad Airport Centre and the City of Carlsbad h0l~ harmless agreement May 22, 1989 as File/Page No. 89-269174 of Official F.ec1)rds 10. An easement for 15' private drainage and incidental purposes, as shown on said Parcel Map No. 15687. ORDER NO.: 263392-02 SCHEDULE B (continued} 11. An easement for 10' private sewer and incidental purposes, as shown on said Parcel Map No. 15687. 12. An easement for general utility and public access and incidental purposes, as shown on said Parcel Map No. 15687. 13. The fact that the ownership of said land does not include rights of access to or from the street or highway abutting said land known as Owens Avenue, such rights having been relinquished by the map of said Tract. 14. Affects: as shown on said map An agreement to which Dated: By and between: Regarding: Recorded: reference is hereby made for full particulars April 25, 1989 Carlsbad Airport Centre, a California Limited Partnership mutual easement and maintenance agreement June 7, 1989 as File/Page No. 89-299584 of Official Records 15. An easement for the purpose shown below and rights incidental thereto as set forth in a document 16. Granted to: David T. Cheatham, a married man as his sole and separate property and Scot A. Cheatham, a married man as his sole and separate property, as tenants in common Purpose: general road, all utilities, drainage Recorded: June 20, 1989 as File/Page No. 89-323599 of Official Records Affects: over that portion of said land lying within that portion delineated as "General & Public Access Easement" as shown on said Parcel Map Said easement has been granted and reserved in various deeds of record. An agreement to which Dated: By and between: Regarding: Recorded: reference is hereby made for full particulars June 7, 1989 David T. Cheatham and the city of Carlsbad hold harmless agreement drainage November 7, 1989 as File/Page No. 89-605714 Records of Official 17. An assessment d.istrict boundary filed map regarding boundaries of Community Facilities Dist::ict No. 2, Carlsbad Unified School District, County of San Diego, State of Califo::nia, recorded October 7, 1992 as File/Page No. 1992-0637693 of Official Recorrui. Reference is mac.e to said document for full particulars. 18. ORDER NO.: 263392-02 SCHEDULE B (continued} A filed map regarding boundaries of territory to be annexed to Community Facilities District No. 2, Carlsbad Unified School District, County of San Diego, State of California, recorded October 7, 1992 as File/Page No. 1992-0637694 of Official Records. Reference is made to said document for full particulars. An agreement to which Dated: By and between: Regarding: Recorded: reference is hereby made for full particulars January 20, 1994 Mickey E. Novak, Trustee of the Mickey Novak Separate Trust u/d/t dated October 17, 1992 and the City of Carlsbad agreement between developer-o"Wner and the City of Carlsbad for the payment of a public facilities fee for inside the boundaries of community facilities district No. 1 February 11, 1994 as File/Page No. 1994-0096529 of Official Records A partial release of agreement to pay public facilities fees recorded June 7, 1994 as File/Page No. 1994-0368273 of Official Records. 19. Covenants, conditions and restrictions as set forth in the document Recorded: May 4, 1994 as File/Page No. 1994-0297761 of Official Records. NOTE: This exception omits any covenant, condition or restriction 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 (b) is exempt under 42 U.S.C. Section 3607 or (c} relates to a handicap but does not discriminate against handicapped people. 20. A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $412,000.00 Dated: November 1, 1995 Truster: Innovative Time Corporation, a California Corporation Trustee: First Interstate Bank of California, a California Corporation Beneficiary: First Interstate Bank of California, a California Corporation Recorded: November 3, 1995 as File/Page No. 1995-0500550 of Official Records ORDER NO.: 263392-02 SCHEDULE B (continued) An Agreement which states that this instrument was subordinated To: deed of trust Recorded: November 13, 1995 as File/Page No. 1995-0513523 of Official Records By Agreement Recorded: November 3, 1995 as File/Page No. 1995-0500551 of Official Records 21. A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $515,000.00 Dated: November 6, 1995 Truster~ Innovative Time Corporation Trustee: Fidelity National Title Insurance Company Beneficiary: CDC Small Business Finance Corp. Recorded: November 13, 1995 as File/Page No. 1995-0513523 of Official Records An Assignment of the As Assignee: Recorded: beneficial interest under said Deed of Trust which names United States Small Business Administration November 13, 1995 as File/Page No. 1995-0513525 of Official Records 22. An unrecorded Lease with certain terms, covenants, conditions and provisions set forth therein Lessor: Lessee: Disclosed by: Recorded: Mickey E. Novak, as Trustee for the Mickey Novak Separate Trust u/d/t dated October 7, 1992 Time Tech Inc. (USA), a Nevada corporation Subordination Agreement November 13, 1995 as File/Page No. 1995-0513524 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. An Agreement which states that this instrument was subordinated To: deed of trust Recorded: November 13, 1995 as File/Page No. 1995-0513523 of Official Records By Agreement Recorded: November 13, 1995 as File/Page No. 1995-0513524 of Official Records 23. An agreement to which Dated: By and between: Regarding: Recorded: ORDER NO.: 263392-02 SCHEDULE B (continued) reference is hereby made for full particulars October 3, 1997 Dickinson Cameron Development, a California general partnership, Mickey E. Novak, Trustee of the Mickey Novak Separate Trust U/D/T dated October 17, 1992, Ormsby Holding, Inc., a California Corporation, Bruno Bassi and Rita Bassi, Trustees of the Bassi Family Trust U.D.T. dated May 11, 1989 and Cox Communications PCS, L.P. easement encroachment agreement October 24, 1997 as File/Page No. 1997-0535645 of Official Records 24. An unrecorded Lease with certain terms, covenants, conditions and provisions set forth therein Lessor: Lessee: Disclosed by: Recorded: Mickey E. Novak Trustee for Mickey Novak Separate Trust U/D/T dated October 17, 1992 Cox Communications PCS, L.P. a Delaware limited partnership Memorandum of Lease December 1, 1997 as File/Page No. 1997-0604923 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. 25. ·A Notice of Restriction on Real Property executed by and between Mickey Novak, Trustee and The City of Carlsbad and.recorded July 24, 1998 as File/Page No. 1998-0462396 of Official Records, which states that the property herein described is restricted by a Conditional Use Permit No. CUP 98-06 issued by the City of Carlsbad on June 3, 1998. A copy is on file at the City of Carlsbad Planning Department. The obligations and restrictions imposed are binding on all present or future interest holders or estate holders of the property. 26. A court order for installment payments of spousal and/or child support, to be made by Debtor: Mickey E. Novak Court: Superior Case No.: D334237 Recorded: September 6, 1996 as File/Page No. 1996-0453198 of Official Records Contact: San Diego County, Office of the District Attorney, P.O. Box 2808, San Diego, CA 92112, (619) 338-2501 ORDER NO.: 263392-02 SCHEDULE B {continued) 27. A court order for installment payments of spousal and/or child support, to be made by Debtor: Mickey E. Novak Court: Superior Case No.: D 334237 Recorded: February 5, 1997 as File/Page No. 1997-0050012 of Official Records Contact: Anthony s. Beccarelli 401 West A Street, Ste 1200 San Diego, CA 92101 28. Any right, interests or claims of the parties in possession of said land, including but not limited to those based on an unrecorded agreement, cont=act or lease. This Company will require that a full copy of any unrecorded agreement, contract or lease be submitted to us, together with all supplements, assignments and amendments, before any policy of title insurance will be issued. 29. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by inquiry of the parties in possession thereof. 30. The effect of any failure to comply with the terms, covenants, conditions and provisions of the lease described or referred to in Schedule A. 31. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors and their successors in interest, in the lease described or referred to in Schedule A. 32. Any defect in or invalidity of, or other matter relating to the leasehold described in Schedule A which would be disclosed by an examination of the unrecorded lease described or referred to in Schedule A. 33. Any invalidity or defect in the title of the vestees in the event that the Trust ref erred to in the vesting portion of Schedule A is invalid or fails to grant sufficient powers to the Trustee(s) or in the event there is a lack of compliance with the terms and provisions of the Trust instrument. Order No.: 263392-02 SCHEDULE B (continued} END OF SCHEDULE B EXCEPTIONS IMPORTANT INFORMATION PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE TRJ:S TRANSACTION. Note No. 1: This company reserves the right to make additional requirements and exceptions upon the review of documentation requested or submitted for the completion of the proposed transaction. Note No. 2: The Company will require a Certification executed by all of the current trustee(s) of the following Trust pursuant to California Probate Code Section 18100.5, a form of which is attached hereto, in order to issue policies of title insurance in reliance on a conveyance, deed of trust or other instrument executed by said Trustee(s). Trust: Novak Trust Upon receipt and review of said Certification the Company reserves the right to make additional requirements as a condition to issuing any policy of title insurance. Note No. 3: It is our understanding that the buyers in this transaction are: Airtouch Cellular Please advise us immediately if the names are misspelled, or if there are any other parties not shown herein above. ORDER ND.: 263392-02 SCHEDULE B (continued} Note No. 4: This Company will require the following to insure a loan or a conveyance from, the entity named below: Airtouch Cellular (a) A copy of the corporation By-Laws or Articles (b) An original or certified copy of the Resolution authorizing the subject transaction. Note No. 5: Property taxes for the fiscal year shown below. For proration purposes the amounts are: Fiscal year: 1998-1999 1st Installment: $7,545.71 Paid Penalty: $none 2nd Installment: $7,545.71 Paid Penalty: $none Exemption: $none Land: $438,090.00 Improvements: $669,258.00 Personal Property: $none Code Area: 09104 Assessor's No: 212-092-30 NOTt: Please be advised that the Company will require that the beneficiary or beneficiaries sign an estimated closing cost statement (HUD-1) any time the Company is presented for payoff a net proceeds demand or a demand in which the beneficiary or beneficiaries are accepting for payoff less than the total amount owed. ORDER NO.: 263392-02 SCHEDULE B (continued) NOTICE 1. EFFECTIVE JANUARY 1, 1990, ASSEMBLY BILL 512, ENACTED AS CHAPTER 598, WILL ADD SECTION 12413.1 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 SA.."1E 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 BOA.-irrl OF GOVERNORS. 5. SHOULD YOU HAVE ANY QUESTIONS IN THIS REGARD, PLEASE CONTACT YOUR TITLE OFFICER IMMEDIATELY. FOR YOUR INFORMATION, EFFECT:tVE MONDAY, APRIL 4, 1994, OUR WIRING INSTRUCTIONS WILL BE AS FOLLOWS: UNION BANK 530 11B" STREET SAN DIEGO, CA 92101 .ABA #122000496 ACCOUNT #9120000257 CREDIT: LAWYERS TITLE TRUST ACCOUNT REF: ORDER NO. ------- TITLE OFFICER -~~---~ END OF SCHEDULE B • t ~ ~ .. ~, ~ t t .:: ~ ~ l r ~ i ..... ~~ ... \~ \ NO, C. T. NO. Nl-4B ·FNIT No. J ®@tY~©®®®®©®G@G> ~'I:: "'~~t."'~"' ltl:l.C.t>.0. ~~1 ~~i~~,\~~~ ~ If 11.l .~ .. ~~.:'( .;i(i:·z~~-'l.~~·.q~ .i; I( tt "\ . ~ .. . .. . .. ,. ~')· '·"1'11-i;)~ t-.&ll~~~~,~~-~~-~- It. ; ~ ~ I\ ~· . !\ ~ i. ~ ~ ': ~-~l It~~~~~~ .... ~ ,..~ ~t.l.!~ . .. ~~~'!';:! ·i.~~ ~ "~ ~.. ~ r ~ .,._ J·~ )I' . ..,:;n··. ,.u' t. 'It c::. .... ... i;;,., ~ . r ~ '\' • ;>'~ li ·~ ·~ ..,, ~;, '1C\ , .,4· · I ~fl ~l'I ~ "f I ~" ~ . ~ .. .\... i.:~ .. .. J" ~ ~ ~ ~ ~" '~ ~ I "'ill~ ' ~ ~&~" ij( ... '~ :t~ ~~;~ . ~ 1~~ ~ ~ .. .. I ~~" QR ..... ·~ ~ ~~ E ~! "' .. I ,j I .. 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