The URL can be used to link to this page

Home My WebLink AboutCUP 03-25; NEXTEL - WEST OLIVENHAIN; Conditional Use Permit (CUP)i1.23 1 13P NO. 3430 P. 2 crrv OF CARL.SAD - ,Amu Lize HitVI 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT (FOR DEPARTMENT Ad18UV Permit - 2nd 0 Mrnlnitreiivg • toastal Development Permit Conditional Use Permit 63o 0 Condominium Permit 10 Environmental Impact 0 General Plan Amendment Hill€ide Development Permit Local Coastal Plan Amendment Master Flan Non-Residential Planned Development o Planned Development Permit pinnc Industrial Permit Planning Commission Determination 0 PrecIse Development Plan U Redevelopment Permit U Site Development Plan Li Special Use Permit Li Specific Plan Tentat.ve r8r.I Ma Obtain from Engindarlelf DsØaitmant Tentative Tract Map Variance 0 Zone Change El Ust Other applications not 2) ASSF$$Qf PAJRCi, NO(S) 3) PROJECT NAME.,— ... 4) B RlEF DESCRIPTION OF PROJECT, 74a-LJ€ 6) OWNER OWNER NAME (rInt or Type) 61 APPLICANT NAME (PhAl *t Type) '*e1 7 4fl - TE,'z folL#J MAIUNG ADDRESS MAILING ADDRESS t4 /Z'/ - 76 &ÜW P/ CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE z 9I'24 7I&53 616 tc4'V P/io 92j1/ -6oZ-i iCERTtV TWAT I AM TI4 LEGA WtiItM AMC TWAT ALL 114 AOVE • EflTY THAT I AM TIlE LEGAL P45P5E$EII?AT?VE OF THE 1NEOR T1ON IS TRUE ORRECT TO THE 8ST O MV OWNER AND THAT ALL THE AGOVE iORMATlON I$ TRUE AND IN LEDGE. CORRECT TO BEST 01 MY KNOWLEDGE. SIGN URE DATE SIdTLIV DArE 7) BRIEF LEGAL DESCRIPTION )c 7f,(Q40t4/10 5 c__ NOTE A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE RLED MUST BE SUBMIITED PRIOR TO 3:30 A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE RLED, MUST BE SUBMITTED PRIOR TO 4:00 P.M.. Form 16 oU5\ U\O\ PA2 -L--o9 -T :XJ 0111W NThiHN3iI1O "-I 0 . 8) LOCATION OF PROJECT: STREET ADDRESS ON THE I IE)Y I SIDE OF (NORTH, SOUTIt74VEST) (NAME OF STREET) BETWEEN I Z,V AND 5'- (NAME OF STREET) (NAME OF STRHT) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS g:* 111) NUMBER OF EXISTING 12) PROPOSED NUMBER OF 4% RESIDENTIAL UNITS RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 15) PROPOSED COMM SQUARE FOOTAGE 16) PERCENTAGE OF PROPOSED 17) PROJECT IN OPEN SPACE PROPOSED INCREASE IN ADT 118) PROPOSED SEWER USAGE IN EDU 19) GROSS SITE ACREAGE I I 20) EXISTING GENERAL PLAN I / 21) /' PROPOSED GENERAL PLAN DESIGNATION bI 22) EXISTING ZONING 23) PROPOSED ZONING I 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY I9R THI.PURPOSE SINfIJRE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED SEP 192003 CITY OF CARLSBAD DATE RECEIVED RECEIVED BY: TOTAL FEE REQUIRED - DATE FEE PAID RECEIPT NO. 1 1 Form 16 PAGE 2 OF 2 F. , a- 0 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: 4/4k 1:L. - APPLICANT NAME: I.1 T77L Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: Project Description 10/96 Page 1 of 1 S 0 III] Tetra Tech Communication Services Representing NEXTEL 5761 Copley Dr. Suite 100 San Diego, CA 92111 858-650-4315 Fax NEXTEL Project Information Report West Olivenhain Site 1966 Olivenhain Road Olivenhain Water District Office APN: 255-031-03 NExmL EQUIPMENT SPECIFICATIONS 9/19/2003 Tetra Tic Communication Services () 5761 Copley Dr Suite 100 San Diego, CA 92111 858-650-4315 Fax NEXTEL Antenna Site - Project Description Site #IName: Site Address: APN: Primary Product: Facility Type: Network Design Footprint: Project Purpose CA7975 / West Olivenhain 1966 Olivenhain Road, Carlsbad CA 92024 255-031-03 ESMR Wireless Communications Services Signal Distribution Antenna Cellular Topology The NEXTEL Communications network enables subscribers to access information technology by using voice and data services from any remote non-wire line location. NEXTEL continues to implement a service that offers the highest digital quality and reliability at the most affordable rate in order to satisfy customer demand for access and low price. The antenna facility at this location in Carlsbad will provide expanded wireless service to the west on Olivenhain Road. north and south on Rancho Santa Fe Road. This antenna site is part of a network that will give the area expanded wireless technology, ease of information access and more efficient direct communications for local business, personal and emergency services. Antenna Facility Description The proposed facility is called a distribution site and consists of twelve (12) monopine treetop directional flat panel antennas and two (2) - 12 inch diameter GPS antennas connected to radio and power units housed in a prefabricated building on the ground at the base of the tree. Directional antennas are arranged in arrays (in this case, 3 arrays with 4 panel antennas pointed in three directions) that talk to other antennas and handheld personal devices in the local network. Panel antennas will be hidden within the branches of a false monopine tree. This is a collocation with a City of Carlsbad approved Cingular Wireless installation. Power Unit Connections The power specifications call for a 200 Amp service paid by NEXTEL directly to the local electric utility provider. The facility is plugged into the telephone system as a network communication wired access point and NEXTEL makes all connections pursuant to local Telco specifications with paid telephone service directly to the local telephone provider. Main connection points are located at the existing utility room of the building. Maintenance and Access The facility is unmanned and the equipment requires a standard check about once a month. The equipment runs continuously, silently and in case of an emergency power outage has battery back- up. Additional emergency power back-up would be provided in rare cased by a mobile generator on wheels. Mostly due to emergency situations. NEXTEL requests the need for unrestricted access - 24 hours/day, 7 days/week, 365 days/year. NEXTEL PROJECT DESCRIPTION I of 1 9/19/2003 . . TETRA TECH, IN 5761 COPLEY DR. SUITE 100 SAN DIEGO, CA 92111 858-650-4315 FAx NEXTEL Conditional Use Permit Findings Project Justifications Statement Project 4/Name: CA7975 / West Olivenhain Site Address: 1966 Olivenhain Road, Carlsbad CA 92024. APN: 255-031-03. Findinj's: 1. The location, size, design or operating characteristics for the proposed project will not be incompatible with and will not adversely affect and will not be materially detrimental to adjacent uses, residences, buildings, structures, or natural resources, with consideration given to. but not limited to: (a) The adequac3, of public facilities, services, and utilities to serve the proposed project. This antenna facility is self contained, unmanned, and quiet. The equipment requires standard 200 amp electrical service and a T-I telco connection. The facility will not have a negative impact on utility or other existing infrastructure or demand for municipal servIces. The facility will not burden the health, safety or general eliine of persons residing or working in the vicinity. The communications equipment is Federally mandated to not interfere with any other existing communications equipment or electronic devices. (b) The suitability of the site for the type and intensity of use or development which is proposed. This antenna site will he part of a network that will give the area expanded wireless technology, ease of information access and more efficient direct communications for local business, personal and emergency services. The community will be better served through upgraded communication services and NEXTEL is proven to he an invaluable tool in the event of emergencies and natural disasters where normal land-line communications are often disrupted or inaccessible during and after an event has occurred. This location has been coordinated with the property owner, so that the unmanned facility will not impact the fi.mctionality. use, and aesthetics of the property (c) The harmful effect, if any, upon environmental quality and natural resources of the city. This antenna facility is self contained, unmanned, and quiet and will not lime a negatie impact on surrounding natural environments, man-made facilities, buildings, future land uses or development plans. 2. The impacts of the proposed project will not adversely affect the policy of the Carlsbad General Plan or the provisions of this code. This antenna site is consistent with the general plan complies v ith the zoning ordinance and will not have a negative impact on surrounding environments. facilities. buildings, future land uses, development plans or infrastructure. The installation ' ill not result in any material changes to the character of the local communit). This proposed v, ireless telecommunications facilit, will operate in full compliance with all state and federal regulations including the Telecommunications Act of 1996. CUP FINDINGS 1 of 2 9/19/2003 [=W.'] 0 0 TETRA TECH, INC. 5761 COPLEY DR. SUITE 100 SAN DIEGO, CA 92111 858-650-4315 FAx 3. The project complies with all other regulations, conditions, or policies imposed by this Code. This antenna facility is a City of Carlsbad conditionally approved use in an existing commercial office zone. This is an expanded communication service use designed to be compatible with the existing site and surrounding area and comply with the regulations of the zoning ordinance. 4. That additional back-up candidate sites were identified and analyzed. One (1) other candidate were identified in this case Equestrian park at 1877 Olienhajn Road - Did not qualif) based on technical radiowave coverage Radio test failed due to the specific radio freuenc coverage objective and effects of surrounding difficult terrain to impair signal efficiency. 2of2 CUP FINDINGS 91912003 Page lofi to A Approval Request/Response (INEXTEL CA7975 D-West Olivenhain 10 a 7 B 5 4 3 2 SITE QUISTICIN I SITE LOCATION [Candidate Name I101ivenhan Water District Office [Candidate Address 111966 Olivenhain Road Ilcity: Carlsbad IIZp Code: 92009 SITE CONTACT INFO Contact Name: IlGeorge Briest IlTelephone: 760-753-6466 STRUCTURE INFORMATION Structure Type IIComm Site IlMaximum Height Available: 45 Istructure Notes: ])Freestanding monopine pole. Equipment on ground. Acquisition Notes: [do lngular monopire just zoning approved last month in the City of Carlsbad. Water district wants to business at $2000/mo. 1 £ZTT1 MAI%.IAtD http://www-sds.nextel.comicgi-binlwrrfa (RFAPrintasp?siteid=CA7975D&zoom=1 2 8/8/2003 Revise antenna configuration sheett ANTENNA CONFIGURATION SHEET Draft CA7975D West Olivenhain 1 9/11/03 SITE # SITE NAME REVISION # DATE THIS SECTION COMPLETED BY PROJECT MANAGER GPS1 GPS2 BMR COAX LENGTH 0 0 OMNIISECTORI SECTOR 2 1 SECTOR 3 COAX LENGTH 0 0 0 [RAD CENTER LINE (AGL) 30 30 30 THIS SECTION TO BE COMPLETED BY SITE ENGINEER I - NNA a b& be Decibel jANTENNA MODEL # y ]HORIZONTAL BEAM WIDTH 165 TICAL BEAM WIDTH FOUANTITY 1 F3 f.ZIMUTH 45 [150 - - [270 [coo.x SIZE 7 17/8 HAM [MECCALDOWNTILT 0 _ EII_ ]COVERAGE 1 p1 0-0-0 0-0.0 LATITUDE LONGITUDE Comments Will need to submit an antenna exception form. 0 GROUND ELEVATION Dennis Jeglinski CONSTRUCTION ENGINEER Edgardo Dimagiba RF ENGINEER NAME SIGNATURE SIGNATURE 9111103 DATE 9111103 DATE Page 1 of 1 hffp://www-sds.nextel.com/cgi-bin/wr_rfa/printACSe9l 1 .asp?siteid=CA7975D&revision=1 &maxl 09/11/2003 AEATEL 1 ,. lv A960 # Communications San Diego Current Coverage SITE CA7975D West Olivenhain Coverage Plot • In Building Portable • In Car Portable ,J:I. Mobile --- -- — — — — — — — — — — — — — — — ,w4 7 Club 699 Communications bad Marcos oh San Diego ' 424 II SITE CA7975D - West Olivenhain to Pr 1 Coverage Plot • In Building Portable San aeguft • In Car Portable ,av / • Mobile Tetra TeCommunication Services 5761 Copley Dr, Suite 100 San Diego CA 92111 858-650-4315 Fax NIEXTEL Equipment Specifications Project #/Name: CA 7975 / West Olivenhain Site Address: 1966 Olivenhain Road, Carlsbad CA 92024 AFN: 255-031-03 Nextel Operating Frequency: Transmit power is adjusted to provide adequate coverage and typically is within the range of 30 watts per channel. Mobile units transmit at 851-866 MI-li and receive at 806-821 MHz. Equipment Shelter Dimensions: 12'-0 Wide x 20'-0" in Length x 11'-6" in Height Antenna Dimensions: EMS Antenna l'-O" Wide x 4'-0" in Height x 7" Thick Antenna Sector Orientation: Antenna Sector Orientation (i.e. North = 00) # Of Antennas Sector 1 450 4 Sector 2 1500 4 Sector 3 2700 4 I of3 NEXTEL EQUIPMENT SPEC WICATIONS 9t'1912003 Tetra TeCommunication Services 5761 Copley Dr Surte 100 San Diego CA 92111 658-650-4315 Fax Nextel Sound Specifications Project #/Name: CA 7975 / West Olivenhain Site Address: 1966 Olivenhain Road, Carlsbad CA 92024 APN: 255-031-03 Background: (*Source: URS Corporation-Sound Level Mearurenwnt.c) Noise is generally defmed as loud, unpleasant, unexpected or undesired sound that is typically associated with human activity and which interferes with or disrupts normal activities. Although exposure to high noise levels has been demonstrated to cause hearing loss, the principal human response to environmental noise is annoyance. The response of individuals to similar noise events is diverse and influenced by the type of noise. the perceived importance of the noise and its appropriateness in the setting. the time of day and the type of activity during which the noise occurs, and the sensitivity of the individual. Sound is a physical phenomenon consisting of minute vibrations., which travel through a medium, such as air, and are sensed by the human ear. Sound is generally characterized by a number of variables including frequency and intensity. Frequency describes the sound's pitch and is measured in Hertz (Hz), while intensity describes the sound's loudness and is measured in decibels (dB). Decibels are measured using a logarithmic scale. A sound level of 0dB is approximately the threshold of human hearing and is barely audible under extremely quiet listening conditions. Normal speech has a sound level of approximately 60 dB. Sound levels above about 120 dB begin to be felt inside the human ear as a discomfort and eventually pain at still higher levels. The minimum change in the sound level of individual events that an average human ear can detect is about 3 dB. A change in sound level of about 10 dB is usually perceived by the average person as a doubling (or halving) of the sound's loudness, and this relation holds true for loud sounds and for quieter sounds. Because of the logarithmic nature of the decibel unit, sound levels cannot be added or subtracted directly and are somewhat cumbersome to handle mathematically. However, some simple rules of thumb are useful in dealing with sound levels. First, if a sound's intensity is doubled, the sound level increases by 3 dB, regardless of the initial sound level. Thus. for example: mom a 'D Neill Sound from a tuning fork (a pure tone) contain a single frequency, but most sounds one hears in the environment do not consist of a single frequency, but rather a broad band of frequencies differing in sound level. The method commonly used to quantify environmental sounds consists of evaluating all of the frequencies of a sound according to a weighting system that reflects that human hearing is less sensitive at low frequencies and extremely high frequencies than at the mid-range frequencies. This is called "A" weighting, and the decibel level measured is called 2of3 NEXTEL EQUIPMENT SPECIFICATIONS 9/1912003 Tetra Tech Communication Services 5761 Copley Dr, Suite 100 San Diego CA 92111 858-650-4315 Fax the A-weighted sound level (dBA). In practice, the level of a noise source is conveniently measured using a sound level meter that includes a filter corresponding to the dBA curve. Although the A-weighted sound level may adequately indicate the level of environmental noise at any instant in time, community noise levels vary continuously. Most environmental noise includes a conglomeration of noise from distant sources that create a relatively steady background noise in which no particular source is identifiable. A single descriptor called the Le q (equivalent sound level) is used. Le q is the energy-mean A-weighted sound level during a measured time interval. It is the 'equivalent' constant sound level that would have to be produced by a given source to equal the fluctuating level measured. In addition, it is often desirable to know the acoustic range of the noise source being measured. This is accomplished through the L mv, and Lmin indicator. They represent the RMS (or root-mean-square) maximum and minimum obtainable noise levels during the monitoring interval. The L value obtained for a particular monitoring location is often called the acoustic floor for that location. To describe time-varying character of environmental noise, the statistical noise descriptors L 5, L 10, L50, and L are commonly used. They are the noise levels equaled or exceeded during 5 percent, 10 percent, 50 percent, and 90 percent of a stated time. Sound levels associated with the L 10 typically describe transient or short-term events, while levels associated with the L 9 1 describe the steady-state (or most prevalent) noise conditions. Shelter External Wall Mounted AC Compressor Sound Levels: (*Sle data provided by Marvair a division ofAirxce4 Inc.) *Test Model #A UP6000MPACH The tabulated sound level data was taken directly in line with the front of the condenser coil/condenser air outlets of each wall-mount air conditioner. The meter was placed approximately 5 feet above ground level and the microphone angled at approximately 70 degrees up from horizontal. The tabulated data has not been corrected with respect to background noise. All measured sound levels have been rounded to the nearest decibel. The value contained in the tabulated data should be viewed as approximate/reference/ values only. Actual values may vary with each situation. Distance from Unit "Feet" Sound Level "dBA" 5 73 10 70 20 65 30 63 40 62 50 60 60 58 70 57 80 56 Background: 42-48 dBA 3 of3 NEXTEL EQUIPMENT SPECIFICATIONS 9/1912003 . . _ DYN45TYIIII Unit Capacity @ 8 hr Dimensions in Weight in Terminal Terminal Voltage rate @1.75 V/C • inches and (millimeters) lbs and (kg) Type Location TELI2-801SLC r ' I AH( L* W H* C Wt ..( T 1L= 12 Volts -79 Ampere Hour 12 79 12.04 6.83 8.08 68 Cable Top Capacity @ 8 Hour Rate (305.8). (173.4) (205.3) (31) Assembly 'Ampeyehourcapacitytol.l5voflspercell @771{25°F) - - -- - Discharge in Hours 2.00 3.00 4.00 5.00 6.00 7.00 8.00 10.00 1200. 2000 24.00 48.0 72.0 100.0 Amp-Hr Capacity 62.0 67.5 712 74.0 762 77.7 792 814 83.6 880 883 89.8 90.7 92.0 Constant Current Discharge Ratings (Amperes @ 77°F (25°C)) 1 (ii Operating tone to end pond voltage (in knees) End Point Volts/Cell 2.00 3.00 4.00 5.00 6.00 7.00 8.00 1LDO 12.00 20.00 24.00 48.0 72.0 100.0 1.75 31.0 22.5 17.8 148 12.7 111 990 814 6.97 4.40 368 1.87 126 0.92 1.80 30.3 220 17.3 144 12.3 108 960 796 6.75 430 3.51 1.85 1.25 090 1.85 28.2 20.5 162 135 116 102 910 760 6.50 411 345 1.73 120 0.87 1.90 254 16.6 147 123 10.6 9.30 840 5.95 5.93 383 3.24 163 111 0.81 A1 dm .sions ae lo reference only Contact a C&D Representative icr complete du'riensional information, TELI2-90 Unit Voltage V Capacity © 8 hr rate @1.75 V/C AH F Dimensions in inches and (millimeters) L* W Weight in Its and (kg) H* Terminal Type T Terminal Location 12 Volts - 88 Anipere Hour Capacity @8 Hour Rate 12 88 13.51 (343.1) 6.76 (171.70) 8.51 72 (216.2) (33) Threaded Insert Top - ---. . Ampere how capacity l.Th per cell@77°F(25°F) - Discharge in Hours 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 10.00 12.00 20.00 24.00 43.0 72.0 100,0 Amp-Hr Capacity 61.5 69.5 75.0 78.3 81.0 84.0 86.0 88.0 90.8 93.5 100.0 100.5 102.2 103.0 104,0 Constant Current Discharge Ratings (Amperes @ 77°F (25°C)) . - top Ingtimetoendpointvoltage(inhours) End Paint Volts/Cell 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 10.00 12.00 20.00 24.06 480 72.0 100.0 1.75 61.5 34.3 25,0 19.6 152 14.0 12.3 11,0 9.08 7.79 5.00 4.19 2.13 1.43 1.04 1.80 60.1 34.0 242 19.0 15.8 13,6 11.9 10.7 8.80 7.58 4.89 4.10 2.10 142 1.03 1.85 55.0 31.4 22.8 18.0 15.0 12.9 11.3 10.1 844 723 4.67 3.92 2.02 1.37 0.99 1.90 47.0 28.9 21.0 16.8 14.0 12.0 10,6 9.50 7.90 613 4.34 3.65 1.88 126 0.91 *Alt dimensions are for reference only. Contecta C&D Representative for complete dimensional information. -TEL12-125 C Unit Voltage " Capacity @8 hr rate @1.75 V/C AHI L* Dimensions in inches and (millimeters) W H* Weight in lbs and (kg) IWt1( Terminal Type T Terminal Location 12 Volts -127 Anere Hour Capacity @8 Hour Rate 12 127 13.57 (344.7) 6.76 (171.7) 10.93 (277.7) 100 (45) Threaded Insert Top Discharge inHours 100 200 300 400 5.00 690 7.00 800 1000 12.00 20.00 2400 48.0 720 1000 Amp-Hr Capacity 88 101 109 114 117 121 125 127 127 129 134 136 142 - 145 147 Constant Current Discharge Ratings (Amperes 077°F (25°C)) (C End Point Votts/Cell 100 2.00 3.00 4.00 5.10 6.00 110 800 1010 12.00 20.00 24.00 43.0 72.0 100.0 1.75 88.3 50.5 36.3 28.4 23.4 202 17.8 159 1274 1074 6.72 568 2.96 2.01 147 130 84.9 49.3 35.3 27.9 23.0 19.8 17.5 152 12.4 1059 663 560 2.92 1.99 145 115 79.3 46.8 33.9 25.7 22.1 191 16.9 14.6 11.9 102 6.39 540 212 192 140 lii 704 422 308 24.3 202 172 15.1 134 11.03 9.36 5.88 4.96 2.59 1.76 128 *All dimensions are lot re4erere only Contzt a C&D Representative for cornpleie dimensional inlorrnation J C&D Technologies Inc., Dynasty Division . Page 1 of 2 . 1 —]II i[I3(iIeI L C&D HOME DYNASTY PRODUCTS LOCATiONS CONTACT Monday, June 3. 2002 C&D HOME CAREERS INVESTORS LIBRARY NEWS DYNASTY HISTORY RECYCLING TECHNICAL EDGE PRODUCTS BATTERIES RACKS & CABINETS C&D HOME> DYNASTY> TECHNICAL EDGE> IMMOBILIZED ELECTROLYTE lL[.J:1I r41'I!t;.1E1 LOCATIONS CONTACT US Federal regulation 40CFR Part 370 requires that commercial and industrial facilities with CUSTOMER SERVICE 500 pounds or more of sulfuric acid file an annual report stipulating the total weight of FAQ sulfuric acid and its location on the premises. The inventory report is typically filed with TECHNICAL SUPPORT the State Emergency Response Commission and County Emergency Planning Committee. The purpose of this report is to inform the community, fire fighters and SITE MAP emergency response teams of potentially hazardous situations in the event of a fire or other disaster involving the facility or community at large. The electrolyte in a Dynasty VRLA battery is an immobilized dilute solution of sulfuric acid (H2SO4) and water (1-120). The sulfuric acid is considered a hazardous material. The specific gravity of pure sulfuric acid is 1.835 and the percent sulfuric acid in the electrolyte determines the electrolyte specific gravity (SG). The electrolyte in the DYNASTY VRLA battery is immobilized in either a gelled form or is completely absorbed in an absorbent separator, it is not free to flow from the batteries in the event of mechanical damage to the container. Consequently spill containment shoulc not be required. The current regulation makes no clear distinction between immobilized and liquid electrolyte batteries and as a result, if the total weight of sulfuric acid exceeds 500 pounds it must be reported annually. Typically this requirement impacts facilities such as large telecommunications sites, large computer centers, power generation and distribution centers and similar sites utilizing in excess of 39 kilowatt hours of battery system. Typically the stationary lead acid battery electrolyte has a specific gravity within the range of 1.215 to 1.320 depending on the design. The Dynasty VRLA batteries have an electrolyte specific gravity in the range of 1.280 to 1.300, depending on the model. Table I indicates the volume and weight of the electrolyte as well as the percent pure sulfuric acid per Dynasty VRLA battery model. The information normally included in the report is the total weight of the sulfuric acid in pounds, as shown in Table 1, for the complete battery system(s). DYWA UM EWdrO1ØP Eidcfra1y Elc1raly2* h 5u8ur % S.41.n S*j4c Acid Subwk Acid JIM e1 Welh( S.C. VoMm Wci11* Acid by Acid by Vol Wcild *imc, tpomds) (gabai (unds) Ycii* Wl (gs po..mdi 1)141 2" jgØ CAd 41 25.6 36A 0.11 1.77 U133 26J 1.0 047 11 25.6 36A 0.12 61~12414 no 1.Q 0.64 6.t 25.6 361 0,6 254 Al ft , Im 11aft 24 a %a 0 http://www.dynastybatteiy.comlcd_dynlcontact/tech_supportl9702.htm 06/03/2002 C&D Technologies Inc., Dynasty Division Page 2 of 2 • . 0C12V45 39.6 1.0 0.14 6.0 36.8 0.19 2.94 GC12V 52.1 1280 1.09 103 26A 362 0.26 441 GCIZVTS 59,5 1200 tfl 132 25.6 36.s all 456 09 543 1280 1.44 154 35.5 363 0.37 3.74 OCR= 64.9 12*0 124 13.4 254 303 0.32 4.93 S8.i*34T 83.9 1409 1.22 13.2 21.8 39.1 0.34 5.16 88G.aT 56.0 1.309 134 145 274 30,7 037 5.67 B8MSORr 62.3 1400 1.19 121 21.5 391 0.33 5.00 DM24 52.0 1.250 0.19 tO 25.8 30.6 0.02 0.36 DM27 $04 1280 122 132 25.5 36,5 031 4.56 Ol429 842 1259 145 144 254 368 0.34 537 40 125.0 I.M 232 295 256 36* 0.79 10.84 OD 156.0 1480 3.42 37.1 35.8 36.8 040 13.65 18.12.24 21.1 1200 0.41 44 27.8 39.1 0.11 122 18.12.30 269 1400 0.47 51 274 39.1 0.13 1.99 18.1245 394 1.300 0.6* 7.4 27.6 3941 0119 2.69 10.12-70 543 1400 0.99 10.7 27.9 39.1 0.27 4.18 18.12.80 61.8 1.300 118 12.5 27.6 39.1 040 5.00 82.0 1.390 1.08 112 274 39.1 040 4.51 18.1280 72.0 1.300 129 14.0 27.9 39.1 0.39 SAT T3.i09 00.3 1300 1.51 1644 27.6 39.1 0.42 6.41 TELI2.125 100.0 1.300 140 19.5 27.6 39.1 0.50 7.62 10.6-180 72.0 1400 129 131 27.8 39.1 0.35 532 UPS12.85 2617 1.309 0.47 5.1 274 30.1 9.13 1.99 UPS124*0 27.0 1300 0.47 511 271 39.1 0.13 ¶39 LJP$13470 404 1.399 0.5* 74 274 39.1 C. 2.56 UPS124M 54.0 1300 039 10.7 21.6 36.1 027 4.18 tWS12270 514 1300 004 102 21.6 391 025 329 (P512-VS 65.1 1.300 11* 12.8 214 30.1 033 500 tS12-3OO 72.0 1.300 126 13.1 21.9 39.1 035 536 tWSI2.310 574 1.300 140 13.0 274 39.1 033 5.0* UPSI2-370 740 1.300 127 133 2116 391 035 5114 tPS12.47S 100.0 1.300 1.60 10.5 274 39.1 0.50 7.62 UPSG6GO 72.0 1.309 125 13.6 27.8 29.1 025 532 UPSG-625 72.0 1.309 1.25 13.6 214 39-1 0.33 532 9* WAxtbwi**I0* UPSp*. MRI L419' ciaUPSwe ie*n1e.6*ccrna*wi1 eret Table I -Dynasty VRLA Battery Immobilized Electrolyte Sulfuric Acid Content RETURN C&D HOME I DYNASTY J PRODUCTS J LOCATIONS I CONTACT US 02002 C&D Technologies, Inc. I SITE MAP I LEGAL NOTICES This site has been designed for Internet Explorer 4.0 or better http://www.dynastybatteiy.com/cd_dyn/contactJtech_support/9702 .htm 06/03/2002 III Technologies, Inc. 1IMNOLOGB" C&D HOME COMP.4JW PRODJCTS MARKETS LfBRARY LOCiT1ONS E-STQRE June 3,2002 HOME> LIBRARY> MSDS SHEET MATERIAL SAFETY DATA SHEET MSDS NO. L83 JISECTION I: CHEMICAL PRODUCT AND COMPANY IDENTIFICATION II Chemical/Trade Name (Identity used on label): Gelled Electrolyte Battery/Dynasty Synonyms/Common Name: HMIS Rating for Sulfuric Acid: Lead Acid Battery 302X COMPANY NAME: C&D Technologies, Inc. DIVISION OR DEPARTMENT: Dynasty Division ADDRESS: 900 E. Keefe Ave. Milwaukee, WI 53212 CONTACT: Question Concerning MSDS: Industrial Hygiene & Safety Department Transportation Emergencies: CHEMTREC Chemical Family/Classification: Electric Storage Battery Shipping Regulations: See Section IX DATE ISSUED: Sept 28,1986 DATE REVISED: July 1, 1999 TELEPHONE NUMBER: Day: (800) 365-7777 24 Hours: (800) 424-9300 SECTION II: HAZARDOUS INGREDIENTS EIGHT HOUR EXPOSURE LIMITS MATERIAL: % by CAS OSHA ACGIH OTHER Wt. Number PEL TLV NIOSH REL Specific Chemical Identity: LEAD Common Name: 50 7439-92-1 50 pg/rn3 150 pg/rn3 100 pg/rn3 GRID Specific Chemical Identity: LEAD DIOXIDE Common Name: 21 1309-60-0 50 jig/m3 150 pglm3 100 pg/rn3 LEAD OXIDE Specific Chemical identity: LEAD SULFATE Common Name: <1 7446-14-2 50 pg/rn3 150 pg1rn3 100 pg/rn3 ANGLESJTE Specific Chemical Identity: I mg/rn3 SULFURIC ACID (40%) fl 74..93..9 1mg/rn3 STEL 3mg/rn3 1mg/rn3 Common Name: BATTERY ELECTROLYTE (ACID) (15 mm. maxJ8 hr.shift NOTE: The contents of this product are toxic chemicals that are subject to the reporting requirements of section 302 and 313 of the Emergency Planning and Community Right-To- Know Act 1986 (40CFR 355 and 372). http://www.cdbatteries.com/ed/library/M-gds/L83.htm 06/03/2002 C&D Technologies, Inc. Page 2 of 5 . . SECTION III: Physical Data Hazard Information II occur during battery production or conta iner breakage or under extreme heat conditions such as fire. ROUTES AND METHODS OF ENTRY irritation. Hands contaminated by contact with internal components of a battery can cause ingestion of lead/lead compounds. Hands should be washed prior to eating, drinking, or smoking. SIGNS AND SYMPTOMS OF OVEREXPOSURE ated exposures. CER humans. Th e ACGIH has classified "strong inorganic acid mist containing sulfuric acid" as an IISECTION IV: Health NOTE: Under normal conditions of battery use, internal components will not present a health hazard. The following is provided for battery electrolyte (acid) and lead for exposure that may Inhalation Acid mist generated during battery formation may cause respiratory Skin Contact Battery electrolyte (acid) may cause irritative contact dermatitis. Skin Absorption Skin absorption is not a significant route of entry. Eye Contact Battery electrolyte (acid) will irritate the eyes upon contact. Ingestion Acute Effects Acute effects of overexposure to lead compounds are GI (gastrointestinal) upset, loss of appetite, diarrhea, constipation with cramping, difficulty in sleeping and fatigue. Exposure andlor contact with battery electrolyte (acid) may lead to acute irritation of the skin, corneal damage of the eyes if not washed immediately, and irritation of the mucous membranes of the eyes and upper respiratory system, including the lungs. Chronic Effects Lead and its compounds may cause chronic anemia, damage to the kidneys and nervous system. Lead may also cause reproductive system damage and can affect developing fetuses in pregnant women. Battery electrolyte (acid) may lead to scarring of the cornea and chronic bronchitis, as well as erosion of tooth enamel in mouth breathers in repe POTENTIAL TO CAUSE CAN The International Agency for Research on Cancer (IARC) has classified "strong inorganic acid mist containing sulfuric acid" as a Category I carcinogen, a substance that is carcinogen to http://www.edbatteries.com/edflibrary/msds/1-83.ht m 06/03/2002 Material is (at normal temperatures): Appearance and Odor: X SOLID LIQUID Battery electrolyte (acid) is a grayish-white gelled solid with a slight acidic odor. Acid saturated lead oxide is a dark reddish-brown to gray solid with slight acidic odor. Boiling Point (at 760 mm Hg) Melting Point: Lead 327.4°C Lead 1755°C Battery. Electrolyte (Acid) 110-112°C Specific Gravity: (lI20 =1) Vapor Pressure: (mm Hg at 20°C) (PSIG) Battery Electrolyte (Acid) 1.280 - Not Determined 1.320) Vapor Density (Air = 1) Solubility is H 2 0 Not Determined Lead-Lead Dioxide and silica are not soluble. Battery electrolyte (acid) is 100% soluble in water % Volatil e By Weight Evaporation rate (Butyl Acetate =1) Not Determined Not Determined C&D Technologies, Inc. Page 3 of 5 . . A2 carcinogen (suspected human carcinogen). These classifications do not apply to liquid forms of sulfuric acid or sulfuric acid solutions contained within a battery. Inorganic acid mist (sulfuric acid mist) is not generated under normal use of this product. Misuse of the product, such as overcharging, may however result in the generation of sulfuric acid mist. The [ARC study classified lead as an A3 carcinogen (animal carcinogen). While the agent is carcinogenic in experimental animals at relatively high doses, the agent is unlikely to cause cancer in humans except under uncommonly high levels of exposure. For further information, see the ACGIH's pamphlet, 1996 Threshold Limit Values and Biological Exposure indices. EMERGENCY AND FIRST AID PROCEDURES Inhalation Remove from exposure and consult a physician if any of the acute effects listed above develop. Skin Wash thoroughly with soap and water. If acid is splashed on clothing, remove and discard. If acid is splashed in shoes, remove them immediately and discard. Acid cannot be removed from leather. Eyes IMMEDIATELY rinse with cool running water for at least 15 minutes. Seek medical attention after rinsing. Ingestion Lead/Lead compounds: Consult a physician. Battery Electrolyte (Acid): Do not induce vomiting. Refer to a physician immediately. MEDICAL CONDITIONS AGGRAVATED BY EXPOSURE Inorganic lead and its compounds can aggravate chronic forms of kidney, liver, and neurologic diseases. Contact of battery electrolyte (acid) with the skin may aggravate skin diseases such as eczema and contact dermatitis. IISECTION V: FIRE AND EXPLOSION DATA II Flash Point (test Autoigriition Temperature method) Hydrogen 580°C Hydrogen - 259°C Extinguishing Media Dry chemical, foam, or CO2 Flammable Limits in Air, % by 314 Vol. (Hydrogen) Lower - 4.1 Upper - 74.2 Special Fire Fighting Procedures Use positive pressure, self-contained breathing apparatus. Unusual Fire and Explosion Hazard Hydrogen and oxygen gases are produced in the cells during normal battery operation (hydrogen is flammable and oxygen supports combustion). These gases enter the air through the vent caps. To avoid the chance of a fire or explosion, keep sparks and other sources of ignition away from the battery. VI: REACTIVITY DATA Stability Conditions to Avoid —Unstable .XStabile Sparks and other sources of ignition. Incompatibility (materials to avoid) Lead/lead compounds: Potassium, carbides, sulfides, peroxides, phosphorus, sulfur. Battery electrolyte (acid): Combustible materials, strong reducing agents, most metals, carbides, organic materials, chlorates, nitrates, plcrates, and fulminates. Hazardous Decomposition Products Lead/Lead compounds: Oxides of lead and sulfur Raftri, .2.t4m4vfø 1*r4rfl I1wrrirwn ciiWsir dinvirta noillhor trbyig4 http://www.cdbatteries.com/cd/library/msds/L83.htm 06/03/2002 C&D Technologies, Inc. Page 4 of 5 •t• W I 17 I S s.1 SWfl.J flS 1 InI Hazardous Polymerization Conditions to Avoid — May Occur .X Will Not Occur High temperatures. Battery electrolyte (acid) will react with water to produce heat. Can react with oxidizing or reducing agents. IISECTION VII: CONTROL MEASURES II Engineering Controls Store lead acid batteries with adequate ventilation. Room ventilation is required for batteries utilized for standby power generation. Never recharge batteries in an unventilated, enclosed space. Work Practices Do not remove vent caps. Follow shipping and handling instructions which are applicable to the battery type. To avoid damage to terminals and seals, do not double-stack industrial batteries. Personal Protective Equipment Respiratory Protection None required under normal handling conditions. During battery formation (high-rate charge conditions), acid mist can be generated, which may cause respiratory irritation. Also, if acid spillage occurs in a confined space, exposure may occur. if irritation occurs, wear a respirator suitable for protection against acid mist. Eyes and Face Chemical splash goggles are preferred. Also acceptable are "visor-gogs" or a chemical face shield worn over safety glasses with solid side shields. Hands, Arms, and Body Vinyl-coated, PVC, gauntlet-type gloves with rough finish. Other Special Clothing and Equipment Safety shoes worn with rubber or neoprene boots or steel-toed rubber or neoprene boots worn over socks. Place pants legs over boots to keep acid out of boots. All footwear must meet requirements of ANSI Z41.1 — Rev. 1972. JISECTION VIII: SAFE HANDLING PRECAUTIONS II Hygiene Practices Following contact with internal battery components, wash hands thoroughly before eating, drinking, or smoking. Projective Measures to be Taken During Non-Routine Tasks, Including Equipment Maintenance Wear recommended eye protection. If clothing becomes saturated with acid, remove and wash affected area with water for 15 minutes. Discard saturated clothing. Do not permit flames or sparks in the vicinity of battery(s). SPILL OR LEAK PROCEDURES Protective Measures to be Taken if Material is Released or Spilled Remove combustible materials and all sources of ignition. Contain spill with soda ash (sodium carbonate) or quicklime (calcium oxide). Mix well. Make certain mixture is neutral, then collect residue and place in a drum or other suitable container. Dispose of as a hazardous waste. Wear acid-resistant boots, chemical face shield, chemical splash goggles, and acid-resistant gloves. DO NOT RELEASE UNNEUTRALIZED ACID! Waste Disposal Method Battery Electrolyte (Acid): Neutralize as above for a spill, collect residue, , and place in a drum or suitable container. Dispose of as a hazardous http://www.edbatteries.com/cd/b'brary/msds/L83.htm 06/03/2002 C&D Technologies, Inc. Page 5 of 5 RECt1E . . waste. DO NOT FLUSH LEAD-CONTAMINATED ACID INTO SEWER. Batteries: Send to lead smelter for reclamation following applicable Federal, state, and local regulations. Product can be recycled along with automotive (SLI) lead acid batteries. OTHER HANDLING AND STORAGE PRECAUTIONS. None Required. SECTION IX: DEPARTMENT OF TRANSPORTATION AND INTERNATIONAL SHIPPING REGULATIONS DOT Battery, wet, filled with acid, UN2794, Class 8 IATA Battery, wet, filled with acid, L1N2794, Class 8 IMO Battery, wet, filled with acid, UN2794, Class 8 Return HOME I COMPANY I PRODUCTS I MARKETS j LIBRARY1 LOCATIONS j E.STORE 02002 =Technologies, Inc. I LEGAL NOTICES j CONTACT US This site has been designed for Internet Explorer 4.0 or better http://www.c4dbatteries.com/cd/Iibrary/msds1L83.h1m 06/03/2002 • . 5761 Copley Dr. Suite 100 (II] Tetra Tech Communication Services San Diego, CA 92111 858-650-4315 Fax NIEXTEL Network Description Project #/Name: CA 7975B / West Olivenhaln Site Address: 1966 Olivenhain Road, Carlsbad CA 92024 AFN: # 255-031-03 Nextel Communications (Nextel), based in Reston, VA, is a leading provider of fully integrated, wireless communications services on the largest guaranteed, all-digital. wireless network in the country. Nextel and Nextel Partners. Inc.. currently serve 198 of the top 200 U.S. markets. Through recent market launches, Nextel and Nextel Partners service is available today in areas of the United States where approximately 240 million people live or work. Nextel has set their goals to become the premier wireless provider to bring a superior, more cost-effective and secure wireless communications network to the Southern California market. Nextel is actively pursuing the deployment of their Southern California network to further establish their foundation as one of the more advanced wireless communications providers in this region, as well as, the nationwide market. Nextel looks forward to working closely with local jurisdictions to develop their community-oriented network and provide them access to a host of network amenities. It is Nextel's goal to provide the best seamless wireless telecommunications network to the resident's, employees, and commuters in the Falibrook area and surrounding communities. The Nextel 4-in-i service—Nextel Digital Cellular, Direct Connect, Nextel Mobile Messaging and Nextel Online®—covers thousands of communities across the United States. Nextel uses a packet-based platform, the integrated Digital Enhanced Network (iDENI'M) technology, developed by Motorola. This all-digital technology provides exceptional sound and transmission quality, using state-of-the-art methods that deliver these unparalleled Nextel services: Digital Cellular Customers experience crystal clear calls and guaranteed message delivery in a secure environment, no matter where they travel within the Nextel National Network. Direct Connect' Service Nextel Direct Connect, the only digital long range walkie-talkie feature built into every Nextel phone is the easiest and fastest way to instantly contact co-workers, contractors, family and friends, all at the push of a button and a fraction of the cost of a traditional cell phone call. Nextel's Direct Connect is instant conversation and answers. Direct Connect service works over Nextel's digital network. which creates an incredibly clear, secure link between you and the person you're calling. • Nextel Mobile Messaging The untethered power of the Internet keeps customers connected to clients, co-workers and family with text, numeric and two-way messaging. NETWORK DESCRIPTION I of 4 9/19/2003 Tetra Ackommunication Services 1I) 5761 Copley Dr. Suite 100 San Diego, CA 92111 858-650-4315 Fax • Nextel Online® Service Ranked #1 in wireless Internet service satisfaction since January 2002, according to In- Stat/MDR Group, Nextel Web-based services provide anywhere access to office or personal email, wireless-enabled Internet sites and company databases. In order to provide these services to their customers, Nextel is constantly refining their local. nationwide. and even global networks/partnerships. Nextel recently launched their Nationwide Direct Connect, which allows consumers to contact anyone on the Nextel National Network- coast-to-coast. International customers travel the globe with Nextel WorldwideTM service. Nextel Internet-ready global phones operate on the iDEN network in the United States and seamlessly move to GSM in more than 80 countries. Nextel offers many options to the worldwide traveler. Whether you frequently travel abroad, occasionally leave the country, or just want to use your Nextel phone in seven select countries, Nextel meets your needs. Nextel's phones are small, lightweight and easy-to-use for international use only. Nextel even has a rental solution for single trips. Network Overview: Since their introduction, wireless telecommunications systems have proved to be an invaluable communications tool in the event of emergencies (traffic accidents, fires, etc.) and natural disasters (earthquakes, floods, etc.) where normal land line communications are often disrupted, overlooked, or inaccessible during and after an event has occurred. This service and similar technology are utilized by numerous governmental and quasi-governmental agencies that provide emergency service. Wireless telecommunications systems, including cellular telephones, have also proved to be invaluable tools in business communications and everyday personal use. In this sense, wireless telecommunications system networks have proved to be desirable in the interest of public convenience, health, safety, and welfare. Wireless communication is accomplished by linking a network of radio wave transmitting devices such as portable and car phones, to the conventional telephone system through a series of short-range, contiguous cells. Similar to a honeycomb pattern, a wireless system is composed of many neighboring and interconnecting cells called, 'cell sites," covering specific geographical areas. Each cell site contains transmitting/receiving antennas and radio transmitting equipment. As a customer enters one cell and exits another, the call is transferred between the cells by a computer at the main switch station. Calls can originate or be received from a wireless device because antennas share a fixed number of frequencies across the network grid. A caller may initiate a call from within the radius of one cell antenna, as the caller travels through the network, the call is transferred from one cell to the next, thus enabling continuous, uninterrupted transmission. Wireless technology operates on a line of sight, that is antennas must be mounted high enough to overcome challenges posed by local topography, existing vegetation, avoid interference with other wireless infrastructure, and surrounding structures/development. The distance between cell sites will normally range from 1/2 mile to 9 miles, depending on the population density, consumer usage, existing vertical elements, and the geographical terrain. The required height for antennas NETWORK DESCRIPTION 2 of 4 9/19/2003 . . [11) Tetra Tech Communication Services 5761 Copley Dr Suite 100 San Diego, CA 92111 858-650-4315 Fax is usually proportional to a combination of the distance each cell site can service and the customer demand within their sphere of influence. Typical placement for antennas are on utility poles within the public right-of-way, light standards, freestanding towers, guyed towers, and lattice, or self-support towers. Antennas can also be placed on rooftops, integrated into the building's architecture, and other building features if the structure has sufficient height to meet the needs of the service area. Wireless facilities located throughout Nextel's service area are intended to provide seamless call coverage, capacity and quality to its network. The following are some of the basic types of cell sites: Coverage sites serve to expand coverage in large areas or in areas with difficult terrain and to enhance coverage for portable systems. Coverage sites allow users to make and maintain calls as they travel between cells. Capacity sites serve to increase the capacity when surrounding sites have reached their practical channel limits. As the years pass, the number of subscribers increases exponentially creating a strain on the existing network. In order to alleviate this strain, capacity sites are implemented into the systems network to accommodate the increase in customer demand. Site Selection: Unlike other land uses, which can be spatially determined through the General Plan or other land use plans, placement and implementation of wireless telecommunications facilities are based on technical requirements, which include service area, geographical elevations, alignment with neighboring sites and customer demand. Site selection within the rural or urban environment is dependent upon these requirements, as well as, the availability of property within the geographical area, and willing property owners who will allow the incorporation of an unmanned wireless telecommunications facility on their property. During the site selection process, technical requirements may hinder the ability of commercial wireless providers to co-habitate on a common rooftop or even co-locate on a freestanding antennas support structure. System performance and potential signal interference due to the close proximity of the other provider's antennas or signal bandwidth are just a few of the issues that need to be addressed prior to negotiating or designing a wireless facility for co-location or co-habitation. (Note: Wireless systems that have frequency bandwidths within close proximity to one another could have potential interference issues, which can be controlled/isolated with the cooperation from both providers '/entities radio frequency engineers) Further, the distance the signal can propagate due to the limited height available on a co-location structure or even the line of sight availability on a co-habitation site are issues that validate the subject locations feasibility with regards to its incorporation into the local and Southern California network. From a business standpoint, there are issues with regards to the feasible terms and conditions negotiated with the property owner. Termination clauses, and business deal points agreed upon with one carrier and the subject property owner might not necessarily work or meet the objectives or budgets of another. This is strictly a business issue and is proprietary in nature and is a concern between all providers. Further, the available roof or ground space required for the electronic equipment cabinets and/or NETWORK DESCRIPTION - 3 of 4 9/19/2003 . . [II) Tetra Tech Communication Services 5761 Copley Dr, Suite 100 San Diego, CA 92111 858-650-4315 Fax shelter, as well as, issues addressing the structural integrity of the subject roof, may render the subject location not feasible from a construction standpoint. The removal of any landscaping or parking in order to accommodate the electronic equipment cabinets and/or shelter is typically not encouraged and must not render the subject location to be in non-compliance with the local municipal code. Wireless providers are amenable locating their equipment on the same property and/or building/structure. however, the issues stated are some of the factors in their decision making process as to why a potential co-location or co-habitation site was or was not selected. Wireless telecommunication facilities are built adjacent to and within all major land use categories including residential, commercial, industrial, open space. etc. proving to be compatible in a variety of situations. Wireless facilities are unmanned, have no impact on existing circulation systems. generate no noise, odor. smoke. or any other adverse impacts to adjacent land uses. Wireless facilities will allow commuters and residents within the coverage area wireless access to the rapidly expanding communications infrastructure by providing voice and data transmission services not currently available by other systems. Wireless telecommunications facilities operate in full compliance with all state and federal regulations as provided by the Telecommunications Act of 1996. Federal Regulations: Nextel Communications is a registered public utility, licensed and regulated by the California Public Utilities Commission (CPUC) and the Federal Communications Commission (FCC). Nextel will comply with all FCC/CPUC rules governing construction requirements, technical standards, interference protection, power and height limitations, and radio frequency standards. In addition, the company will comply with all Federal Aviation Administration (FAA) rules on site locations and operation. Benefits to the Community: Wireless technology will provide many benefits to the residents, businesses, and motorists that travel or live near the proposed project site. These benefits include: • Quick access to 911 Emergency. even in remote regions, allowing motorists to summon emergency aid and report dangerous situations. • Support for emergency services by providing wireless communications access to paramedics, firefighters, and law enforcement agencies that use this technology. • A backup system to the landline telephone services in the event of power outages, natural or man-made disasters. • The ability to transmit data over the airwaves allowing for immediate access to vital information to emergency services. • Provide quality wireless communications including voice, paging, digital data capabilities for email, facsimile and Internet access. • Enhance the communications systems of residents and business around the project coverage area. NETWORK DESCRIPTION 4 of 4 9/19/2003 ei FCO, deral Communications Commissions Wireless Telecommunications Bureau Radio Station Authorization Call Sign: WOH383 _T File Number: 0000000009 Print Date: 0712311998 Name of Licensee: Nextel License Acquisition Corp. Attention: ROBERT H. MCNAMARA 1505 Farm Credit Drive McLean VA 22102 Market Number: Channel Block: Sub-Market Designator: BEA16O A o Market Name: Los Angeles-Riverside-Orange C The license hereof is authorized, for the period indicated, to operate a radio transmitting station in accordance with the terms and conditions hereinafter described. This au orization is subject to the previsions of the Cormunicabons Act of 1934. as amended. subsequent Acts of Congress. international treaties and agreements towhidi e United States is a signatory, and at pertinent rules and regulations of the Federal Communications COmTrUSSiOtI. contained in Tale 47 of the code of Federal Regulations. Effective Date 1st Build-out Date 2nd Build-out Date 3rd Build-out Date 4th Build-out Date Expiration Date 05/17/1998 06/1712001 06117/2003 05/17/2003 Conditions: Pursuant to Section 309(h) of the Communications Act of 1934, as amended, (47 U.S.C. 309(h)), this license is subject to the following conditions: This license does not vest in the licensee any right to operate a station nor any tight in the use of frequencies beyond the term thereof nor in any other manner then authorized herein. Neither this license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended, 47 U.S.C. 151, at W. This license is subject in terms to the right of use or control conferred by Section 705 of the Communications Act of 1934, as amended. 47 U.S.C. 506. A graph icai representation of the geographic area authorized to this call sign may be generated by selecting 'License Search' at the foll owing web address. http://wtbwwwD5 fcc gov ~%F@ ederal Communications Commissions Wireless Telecommunications Bureau Radio Station Authorization Call Sign: VJPOH384 17THe Number: 0000000009 - Print Date: 07/23/1998 Name of Licensee: Nextel License Acquisition Corp. Attention: ROBERT H. MCNAMARA 1505 Farm Credit Drive McLean VA 22102 Market Number: Channel Block: Sub-Market Designator: 8EA160 B 0 Market Name: Los Angeles-Riverside-Orange C The license hereof is aurhortzed, for the period indicated, to operate a radio transmitting station in accordance with the terms and conditions hereinafter described. This authorization is subject to the provisions of the Communications Act of 1934, as amended, subsequent Acts of Congress, international treaties and agreements to which the United States is a signatory, arid all pertinent rules and regulations of the Federal Communications Commission. contained in Title 47 of the code of Federal Regulations. [Effective Date 1st Build-out Date 2nd Build-out Date 3rd Build-out Date 4th Build-out Date Expiration Daze [ 0611711998 06/1712001 06/17/2003 06/17/2008 Conditions Pursuant to Section 309(h) of The Communications Act of 1934. as amended. (47 U.S.0 309(h)). this Hcense is subject to the following conditions: This license rices not vest in the licensee any right to operate a station nor any right in the use of frequencies beyond the term thereof nor in any other manner then autiorlzori herein. Neither this license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended. 47 U.S.C. 151, et seq. This license is subject in terms to the right of use or control conferred by Section 706 of the Communications Act of 1934, as amended, 47 U.S.C. 606. A graphical representation of the geographic area authorized to this call sign may be generated by selecting 'License SearcW at the following web address: httpJ/wthwww05.fcc.gov Oderal Communications Commissions Wireless Telecommunications Bureau -F Radio Station Authorization Call Sign: - ViIPOH385 Fife Number: 0003003009 - J Print Date: 07/23/1998 Name of Licensee: Nextel License Acquisition Corp. Attention: ROBERT H. MCWAMARA 1505 Farm Credit Drive McLean VA 22102 Market Number. Channel Block-- Sub-Market Designator: BEAI6O C 0 Market Name: Los Angeles-Riverside-Orange C The license flereof Is authorized, for the period indicated, to operate a radio transnuitting station in accorøance with the terms and conditions hereinafter desotibed. This authorization is subject to the provisions of the Communications Act of 1934, as amended, subsequent Acts of Congress, international treaties and agreemem to which the United States is a signatory, and all pertinent rules and regulations of the Federal Communications Commission, contained in Title 47 of the code of Federal Regulations. Effective Date 1st Build-out Date 2nd Build-out Date 3rd Build-out Date 4th Build-out Date Expiration Date 08/1711998 06/1712001 06/1712003 -J 06/17/2008 Conditions: Pursuant to Section 309(h) of the Communications Act of 1934, as amended, (47 U.S.C. 309(h)), this license is subject to the following conditions: This license does not vest in the licensee any right to operate a station nor any right in toe use of frequencies beyond the term thereof riot in any other manner then authorized herein. Neither this license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934. as amended. 47 U.S.C. 151, et seq. This license is subject in terms to the right of use or control conferred by Section 706 of the Communications Act of 1934, as amended. 47 U.S.C. 606. A graphical representation of the geographic area authorized to this call sign may be generated by selecting 'License Search' at the following web address: http:J/wtbwww05.fcc.gov Ftal Communications Commission Wireless Telecommunications Bureau Radio Station Authorization :all Sign: WPOH386 File Number: 0000000009 Print Date: 07/23/1998 Iame of Licensee: 'lextel License Acquisition Corp. Attention: ROBERT H. MCNAMARA 505 Farm Credit Drive McLean VA 22102 Market Number: Channel Block: Sub-Market Designator: BEA16I A 0 Ularket Name: San Diego, CA The license hereof is authorized, for the period indisated, to operate a radio transmitting station in accordance with the terms and conditions hereinafter described. This authorization is subject to the provisions of the Communications Ad of 1934, as amended, subsequent Acts of Con9ross international treaties and agreements to which the United States is a signa*eiy. and all pertinent rules and regulations of the Federal Communications Coisrmission, contained in Title 47 of the code of Federal Regulations. Effective Date 1st Build-out Date 2nd Build-out Date 3rd Build-out Date 4th Build-out Date Expiration Date 08117/1998 06/1712001 061172003 06117/2008 Conditions: Pursuant to Section 309(h) of the Communications Ad of 1934. as amended, (47 U.S.C. 309(h)), this license is subject to the following conditions: This license does not vest in the licensee any right to operate a station nor any right in the use of frequondes beyond the term thereof nor in any other manner then authorized herein. Neither this license nor the right granted thereunder shall be assigned or otherwise transferred in violation of to Communications Act of 1934, as amended, 47 U.S.C. 151, at seq. This license Is subject in terms to the right of use or control conferred by Section 706 of the Communications Act of 1934, as amended. 47 U.S.C. 606. A graphical representation of the geographic area authorized to this call sign may be generated by selecting 'License Search' at the folbwing web address httpi/wtbwww05.fcc.gov Feel Communications Commission Wireless Telecommunications Bureau - Radio Station Authorization ;all Sign: WP0H387 File Number: 0000000009 Pnnt Date: 0712311998 lame of Licensee lextel License Acquisition Corp. Attention: ROBERT H. MCNAMARA 505 Farm Credit Drive AcLean VA 22102 Market Number: Channel Block: Sub-Market Designator. BEM6I B 0 larket Name: San Diego, CA The license hereof a authored, for the period indeated, to operate a radio transmlni-*g station in accordance with the terms and conditions areinafler desod. This authorization is subject to the proviSions of the Comrnunkations Act of 1934. as amended. subsequent Acts of congress, k4ernafonW treafeS and agrearrients to whd'. the United Slates is a signatory, and as pertinent rules and regulations of the Federal Conmunicatioris Commission, contained in Title 47 of the code of Federal Regulations. ffective Date 1st Build-out Date 2nd Build-out Date 3rd Build-out Date 4th Build-out Datej Expiration Date 0811711998 06117/2001 06/1712003 06/17/2008 Conditions: Pursuant to Section 309(h) of the Communications Act of 1934, as amended, (47 U.S.C. 309(h)), thIs license Is subject to the following conditions: This license does not vest in the licensee any right to operate a station nor any right in the use of frequencies beyond the term thereof not many other manner then authorized herein. Neither this license nor the right granted thereunder shalt be assigned or otherwise transferred In violation of the Coornuntoations Act of 1934, as amended. 47 U.S.C. 151. et seq. This license is subject In lemis to me right of use or control conferred by Section 706 of the Communications Act of 1934, as amended. 47 U.S.C. 606. A graphical representation of the geographic area authorized to this call sign may be generated by selecting 'License Search' at the foflcwing web address: htpJ/wtbwwwo5.fcc.gov Firal Comnu.znications Commission Wireless Telecommunications Bureau ;~FCQ;ft ~10111 Radio Station Authorization all Sign: VVPOH388 J File Number. 0000000009 Print Date: 07/2311998 'lame of Licensee: 1exteI License Acquisition Corp. Attention: ROBERT H. MCNAMARA 1505 Farm Credit Drive McLean VA 22102 Market Number: Channel Block: Sub-Market Designator. BEAI61 C 0 Market Name: San Diego, CA The license hereof is au horized for the period indicated, to operate a radio transmitting station in accordance with the e.rrns a,dcondinons hereinafter described. This authorization is sLthject to the Provisionsof the Communications Ad of 1934, as amended, subsequent Acts of Congress, international treaties and agreements to wIth th* United States is a signatoiy, and an pertinent rules and regulations of the Federal Communications Corrwnission, ccnte.ined in Tile 47 of the code of Federal Reguiationc Effective Date] 1st Build-out Date 2nd Build-out Date] 3rd Build-out Date 4thBuiJd-outDate Expiration Date 0611711998 05117/2001 06117/2003 06117/2008 Conditions: Pursuant to Section 309(h) of the Communications Ad of 1934. as amended. (47 U.S.C. 309(h)), this license Is subject to the following conditions: This license does not vest In the licensee any right to operate a station nor any right in the use of frequencies beyond the term thereof nor in any other manner then authorized herein. Neither this license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934,29 amended. 47 U.S.C. 151, et W. This license is subject in terms to the right of use or control conferred by Section 706 of the Communications Ad of 1934, as amended, 47 U.S.C. 636. A graphical representation of the geographic area authorized to this call sign may be generated by selecting 'LicenseSearch' at the following web address: httpJ/wtlwww05.fcc.gov p . 1 1A City of Carlsbad 4IFO Planning Department 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 defmed as Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municinality. 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. 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 (N/A) 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 Corp/Part t\I)(41. (C ur1 t(4ioS Title Title ( Set' c4J i CCYQci 2-ke 12 17di Address Address Lc7L (Gp ktt C 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.) Person bIWIt> 0 Mt(,tfbP.4 Corp/Part C) Title &J6" L- M4ii/A6t. Title AAtpJi(IP41- Address 1Q(.Q OfJf#cfJ (?f) Address Igta (' . ,vc& rr&, CA 1S (4 c?2 Z qzc'z-1 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 NON-PROFIT ORSilZATI0N 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 S6 6 4154cj4j) Non Pro fit/T Title L.51 cF 17I(-6C7_61QS Title Address 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Comm issio s, Committees and/or Council within the past twelve (12) months? Yes No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is e and correct to the best of my knowledge. Signature of owner/date Si1üre of applicant/ data kl b (2. f/',<J T2A-7/i Print or type name of owner Print or type name of applicant tJE)cTeL_ Signat/of owner/applicant'sjent if applicable/date ZZ Print or type name of owner/applicant's agent H:ADMN\COUNTER\DiSCLOSURE STATEMENT 5198 Page 2 of 2 o C441 tity of C *a r I s b a d F0 PIanngDepartnt 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 disclosthat 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-pa organization, corporation, estate, trust, receiver, syn municipality, district or other political subdivision or a Agents may sign this document; however, the legal n provided below. \tnership, joint /venture, a ociation, social club, fraternal rate, in this *id any other\county, city and county; city other grouper combination ting as a unit." 4 e and entit11of the applicant d property owner must be APPLICANT (Not the applicant's agent) I Provide the COMPLETE. LEGAL nam s and ad4resses of jJ pej1os having a financial interest in the application. If the applicant include a comoration pi< pa Vsh, include the names, title, addresses of all individuals owning more than )4% ofares. IF. NO INDIVIDU..SOWNMORETHAN10 oOF T LB SHARE( PLEASECATE NON- APPL1CABL(N/A) iNTHE SPACE B LOW I: a publicVowned corn. include the names, titles, an'd.addresses of the corpo ate offic rs. (A/eparate page ma be attached if necessary.) \ Person cor 7t Title \ Titi 6 41t,k4O_, Address _\ Adc ress 57/ \ I I) I€4o C4- Y2_1 11 2. OWNER (Not the owner's ant) Provide the COMPLETE LE AL names an a interest in the property invckved. Also, po partnership, tenants in common, non-profit, Ac \owned corporation or partnership, includk the names, than 10% of the shares. IF NO INtVIDUALS PLEASE INDICATE NON-APPLICBLE (NI. cornoration, include the names, ties, and ge may be attached if necessary.) \ Les of ALL persons having any ownership e the nature of the legal ownership (i.e, ration, etc.). If the ownership includes a , addresses of all individuals owning more VN MORE THAN 10% OF THE SHARES, IN THE SPACE BELOW. If a publicly- Iresses of the corporate officers. (A separate c OVI/4J1QP, r C 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 SW 3. NON-PROFIT ORNIZATION 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 Profitllrust_______________________ 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 (12) months? Yes 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. Signature of owner/date Print or type name of owner Signature of-dner/app1icant's agent if applicable/date 7 ,i- '1Q'V4k Print or type name of owner/applicant's agent Sigiiture of applicant/date 70"-7-5v - 7,rr12AJ/ AX/EL Print or type name of applicant H:ADMIN\COUNTER\DSCLOSURE STATEMENT 5/98 Page 2 of 2 Nextel - Company Profile Page 1 of 2 • . Irn'n_ I Home I View Cart I Contact Us J En Espai%ol • A1 • >PHONE:S&RATE PLANS >SERVICES >CUSTOR SUPPORT I >MYNXTEL vABOUTNXTEL )ABOUTHEXTEL - Company Profile Corporate Info Overview Company Profile Nextel Communications, a Fortune 300 company based in Reston, VA, is a leading provider of Nextel History fully integrated, wireless communications services and has built the largest guaranteed, all- digital, wireless network In the country. The Nextel 4-in-1 service—Nextel Digital Cellular, Executive Bios Direct Connact5 , Nextel Mobile Messaging and Nextel Online —covers thousands of communities across the United States. News Room • News Releases Nextel and Nextel Partners, Inc, currently serve 293 of the top 300 U.S. markets. Through recent market launches, Nextel and Nextel Partners service is available today in areas of the • Fact Sheets United States where approximately 242 million people live or work. • Image Portfolio • Contact Information Nextel is traded on the NASDAQ National Market under the symbol NxTL. Nextel Partners is a separate company traded on the NASDAQ National Market. Domestic Revenue $8.7 billion (2002) Domestic Digital Subscribers 11.7 million (Q2 2003) Total Employees Approximately 15,000 in the U.S. Technology and Service Differentiation Nextel uses a packet-based platform, the integrated Digital Enhanced Network (iDENT) technology, developed by Motorola. This all-digital technology provides exceptional sound and transmission quality, using state-of-the-art methods that deliver these unparalleled Nextel services: • Digital Cellular Customers experience crystal clear calls and guaranteed message delivery in a secure environment, no matter where they travel within the I1extel National Network. • Direct ConnectSM Service This digital walkie-talkie service lets customers get right through to business associates, family and friends without placing a phone call. • Nextel Mobile Messaging The untethered power of the Internet keeps customers connected to clients, co-workers and family with text, numeric and two-way messaging. • Nextel Online® Service Ranked 1 in wireless Internet service satisfaction since January 2002, according to In- Stat/MDR Group, Nextel Web-based services provide anywhere access to office or personal email, wireless-enabled Internet sites and company databases. Product Innovation In 2001, Nextel (in conjunction with Motorola) introduced the first Java" technology-enabled wireless phones in the United States. Mobile professionals can personalize and enhance their phones with the latest business tools and network applications—and improve the quality of their professional and personal lives. rilextel launched the Motorola iBoardT in 2001, allowing customers to compose email, manage address books and calendars, and use Java-enabled applications—all from a wireless phone and fold-away, full-sized keyboard. http://www.nextel.comlabout'corporateinfo/proflle.shtml 9/19/2003 Nextel - Company Profile Page 2 of 2 In late 2002, Nextel successfully launched the only wireless, handh&d BlackBerry' device, created by Research In Motion (RIM), that offers the full suite of Nextel wireless mobile solutions: all-digital cellular, Direct ConnectsM digital walkie-talkie service, text and numeric messaging, email, Java technology and Nextel Online service. International customers travel the globe with Nextel Worldwide service. Nextel Internet- ready global phones operate on the iDETJ network in the United States and seamlessly move to GSM in more than 80 countries. Target Audiences The varied products and services of Nextel offer unrivaled drivers for success in key business segments and verticals. • Enterprise Nextel serves more than 80 percent of Americas Fortune 500 companies, helping corporations and government enterprises add value through r.!extet VJireless Business Solutions and Customer Network Solutions. • General Business Demonstrating value and return on investment is another hallmark of the dedication of Nextel to business customers in the wireless world. In fact, more than 90 percent of Nextel customers are business users. • Vertical Markets The Nextel 2.5G nationwide network provides an unparalleled advantage over other wireless competitors, making it possible to run custom data applications for specialized industry segments. The focus on key industries enables Nextel to pinpoint customer needs. Collaboration with market-leading partners—such as IBM, EDS and Microsoft— also enables Nextel to offer unique solutions and improve the way business gets done. Nextel specializes in serving the following vertical industries: - Construction and building trades - Education - Field sales and service - Financial services - Government/Public sector - Healthcare - Manufacturing - Professional services - Real estate - Retail - Transportation and distribution Nextel target audiences are also served through riextel Stores, TeleSales, Authorized Dealers and Retailers, and Web Sales. For More Information Corporate Communications 703-433-4700 Phones & Rate Plans I Services I Customer Support I MyNextel About Nextet I Developer Program I Sitemap I Home Bv accessfrio this Ste, ou accept the terms of our Visitor Agreement and Privacy 1955 -2003 Netel Communcations All rights reserved. Copyright and Disclaimer Notice 1P 1~w Qft AT SMART DRIVERS TALK 5AEtLY http://www.nextel.comlabouticorporaleinfo/profile.shtml 9/19/2003 Nextel - Executive Bios Pagel of 4 . . 'YIh'1 F Home I View Cart J Contact Us I En Espafiol • L Al U >PHONES&RATE PLANS I >SERVICES >CUSTOMER SUPPORT I >MYNEXTE1 1,,ABOUTNEXTEL )ABOUT NEXTEL Corporate Info Company Profile Nextel History Executive Bios News Room Executive Bias Nextel Communications, Inc. has built a strong leadership team that will enable it to become one of the largest wireless telecommunication service providers in the marketplace. Here are the members of our senior management team. William E. Conway, k. Chairman of the Board News Releases Fact Sheets Image Portfolio ' Contact Information William Conway was named Chairman of the Board for Next& Communications, Inc. in February of 2001. Mr. Conway is a founding partner and Managing Director of the CaryIe Group, a Washington, D.C.-based, private merchant bank. He has served on the Nextel Board of Directors since early 1997. Prior to founding the Carlyle Group, Mr. Conway served as a Senior Vice President and Chief Financial Officer of MCI Communications Corporation. He also spent nearly ten years with the First National Bank of Chicago in their corporate finance and commercial lending operations. Mr. Conway earned a BA with a concentration in Economics from Dartmouth College and a MBA in Finance from the University of Chicago Graduate School of Business. Timothy M. Donahue President and Chief Executive Officer, Nextel Communications, inc. Tim Donahue has served as President and Chief Executive Officer of Nextel Communications, Inc. since August 1999. He began his career with Nextel in January 1996 as President and Chief Operating Officer. Before joining Nextel, Mr. Donahue served as northeast regional president for AT&T Wireless Services operations from 1991 to 1996. Mr. Donahue started his career with AT&T Wireless Services (formerly McCaw Cellular Communications) in 1986 as president for McCaw Cellular's paging division. In 1989, he was named McCaw Cellular's president for the US central region. Mr. Donahue is a graduate of John Carroll University with a BA in English Literature. Tom Kelly Executive Vice President and Chief Operating Officer Tom f'el1y serves as Executive Vice President and Chief Operating Officer (COO) for Nextel Communications, Inc. As COO, Mr. Kelly is responsible for the effective execution of Nextel's business plan and for all aspects of daily operations. Prier to being promoted to COO in February 200, Mr. Kelly served as Executive Vice President and Chief Marketing Officer since he began his career with Nextel Communications in 1996. Before joining Nextel Communications, Mr. Kelly was the vice president of marketing for AT&T Wireless. He brings years of experience as vice president of http://www.nextel.comlabout'corporateinfofleadership.shtnhl 9/19/2003 Nextel - Executive Bios Page 2 of 4 . . business development for Howard, Bedford, and Nolan, a consulting practice focused on providing marketing and new product consulting to Fortune 500 companies. Mr. Kelly serves on the board of Radioframe Networks Inc., Bellevue, Wash., and volunteers for several school and youth athletic organizations in Northern Virginia. Mr. Kelly is a graduate of Wofford College and has a degree in Economics. Paul Saleh Executive Vice President and Chief Financial Officer Paul Saleh joined Nextel Communications in September 2001 and serves as Executive Vice President and Chief Financial Officer. Before joining Nextel, Mr. Saleh was Senior Vice President and Chief Financial Officer at Walt Disney International from 1997 to 2001, and he also served as Senior Vice President and Treasurer for The Walt Disney Company. Prior to Disney, he spent 12 years with Honeywell, where he held various leadership positions in finance, treasury, investor relations, strategic planning and operations. Mr. Saleh earned an MBA in Finance, an MS in Computer Information and Control Engineering, and a BS in Electrical Engineering, all from the University of Michigan. Barry J. West Executive Vice President and Chief Technology Officer Barry West serves as Executive Vice President and Chief Technology Officer for Nextel Communications, Inc. He led many successful engineering and marketing initiatives during more than 25 years for British Telecom, most recently serving as director of value-added services and corporate marketing at Cellnet, the pioneer of cellular communications in the UK. At British Telecom, Mr. West oversaw the rollout of a GSM digital cellular network that covered more than 90% of the UK population in only six months. Leonard Kennedy Senior Vice President and General Counsel Leonard Kennedy serves as the Senior Vice President and General Counsel of Nextel Communications, Inc. Prior to joining Nextel in January 2001, Mr. Kennedy was partner at Dow, Lohnes & Albertson, P.L.L.C. advising clients on telecommunications law, regulation and policy, including local exchange, alternate access, cellular radio, personal communications services, long-distance, and the Internet and information services. From 1980 to 1988, Mr. Kennedy served as legal advisor at the Federal Communications Commission (FCC). He advised the Commissioner Ervin S. Duggan on proposed FCC actions, such as cellular and certain private radio matters, access charges, price caps, rate of return, cost accounting, separation tariffs, international, trade and other matters. Mr. Kennedy received a JD in 1977 and a BA in Economics in 1974 from Cornell University. http:t/www.nextel.com!about/corporateinho/leadership.shtml 9/19/2003 Nextel - Executive Bios Page 3 of 4 S S Randall C Harris Senior Vice President, Human Resources Randall Harris is the senior vice president human resources for Nextel Communications, Inc. His responsibilities include general oversight and management of Nextel's corporate-wide human resources activities. Prior to joining Nextel in 1999, Mr. Harris was senior vice president and chief human resources officer at Sodexho Marriott Services, a $4.5 billion company providing contract management/outsourcing solutions to corporations and healthcare and education clients. Mr. Hams has also held senior management positions at Sprint, First Data Corporation, Avant! Communications, and Dun & Bradstreet. Mr. Harris received a BS from the United States Naval Academy in 1973 and a MS in Human Resource Management from the American University in 1985. Rick Orchard Senior Vice President and Chief Service Officer Rick Orchard serves as Senior Vice President and Chief Service Officer (CSO) for Nextel Communications, Inc. As CSO, Mr. Orchard is responsible for leading Nextel's Customer Lifecycle strategy, which is a comprehensive customer experience model for our business. Prior to his promotion to CSO in April 2033, Mr. Orchard served as Senior Vice President, Customer Care, where he successfully managed Nextel's Customer Care organization. He has more than 19 years of operations experience in wireless, having served as an area president and regional president at Nextel and previously with PacTel Cellular/Airtouch. Mr. Orchard is a graduate of the University of California, Santa Barbara, with a degree in Political Science. Board of Directors William E. Conway, Jr. Chairman Nextel Communications, Inc. Managing Director The Carlyle Group Timothy M. Donahue President and Chief Executive Officer Nextet Communications, Inc. Morgan E. O'Brien Vice Chairman Nextel Communications, Inc. Keith). Bane Executive Vice President and President, Global Strategy and Development Motorola, Inc. Frank M. Drendel Chairman and Chief Executive Officer CommScope, Inc. V. Janet Hill Vice President Alexander & Associates, Inc. William E. Kennard Managing Director, Telecommunications and Media The Carlyle Group Craig 0. McCaw Chairman and Chief Executive Officer Eagle River, Inc. Dennis Weibling Vice Chairman Eagle River, Inc. Stephanie M. Shern Chief Executive Officer Sherri Associates LLC http://www.nextel.comlabout/corporateinfo/le&Iership.shtml 9/19/2003 Nextel - Executive Bios Page 4 of 4 . Phones & Rate Plans I Services I Customer Support I MyNextel About Nextel I Developer Program I Sitemap I Home By accessing this site, you accept the terms of our Visitor Agreement and Privacy 1995-2003 Nextel Communications 411 rights reserved. Coyripht and Disclaimer Notice <#> SMART DRIVERS TALK S*rtLY http://www.nexte1.com/about/corporateinfo/1eadership.shtm1 9/19/2003 Nextel - Contact Us Page 1 of 1 . . Home I View Cart J Contact Us I En Español tm Contact Nextel Overview Contact Customer Care Call Me ' Email Web Sales • Email Telesales • Send Your Resume • Email Corporate Accounts • Web Site Feedback Contact Us Customer Support Phone: 1-800-639-6111 Call Center Hours of Operation (EDT): Mon - Fri 7 a.m. - 10 p.m., Sat 8 a.m. - 5 p.m. Contact Customer Care Online (24 hours a day, seven days a week) Web Sales Order Support Phone: 1-800-639-6114 Call Center Hours of Operation (Eastern): Mon - Fri 8 a.m. - 8 p.m. Product & Service Inquiries Phone: 1-800-639-8359 Request a Callback Questions About Your Order? Email Web Sales (Orders Placed Online) Email Telesales (Orders Placed by Phone) Corporate Accounts If you are a Fortune 1000 company interested in purchasing Nextel products and services, Email Corporate Accounts Human Resources Nextel Communications 2001 Edmund Halley Drive Attn: Human Resources Reston, VA 20191 Send Your Resume Nextel Dealer Program Become an authorized seller of Nextel products and services: Learn More Corporate Headquarters Nextel Communications 2001 Edmund Halley Dr. Reston, Virginia 20191 Investor Relations Nextel Communications 2001 Edmund Halley Dr. Reston, Virginia 20191 Email Investor Relations Media Relations Nextel Communications 2001 Edmund Halley Dr. Reston, Virginia 20191 Phone: 703-433-4700 Email Media Relations Web Site Feedback To report technical errors or send comments, Contact Us Online Phones & Rate Plans I Services I Customer Support 1 MyNextel About Nextel I Developer Program I Sitemap I Home y accessing this site, you accept the terms of our Visitor Agreement and Privacy ) 1995-2003 Nextel Communications. All rights reserved. Copyright and Disclaimer Notice SMART DRIVERS TALK $AFEL' http://www.nexte1.com!contact/index.sh1 9/19/200' :) j1ity of Orarlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Wastes and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. ED The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: 7ii- i4(4f 0r'*74 Name: Address:-5--76/ X1'IZ Address: /!W4/ Phone Number:—'&,4 C 02.- ' 1'- Phone Number: -76 6 Address of Site: /'6 7L///2J.C9 7zoz4 Local Agency (City and County): CTf_ Assessor's book, page, and parcel number:2-__ 3_/ -.62 3 Specify list(s): Regulatory Identification Number:_______________________________________________________________ Date of List: Ap$li6 nt Signature/Date Property Owner Signature/Date Adznin/Cowner,1azWaste 1635 Faraday Avenue • Carlsbad. CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 . . 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 (CU PA) 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-diecjo.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/npi.htm 5/19/03 . . LETTER OF AUTHORIZATION NEXTEL - West Olivenhain - 1966 Olivenhain Road, Carlsbad CA 92009 APPLICATION FOR ZONING/USE PERMIT The undersigned is the Owner' of the real property (Property") described below, and hereby authorizes, consents, and agrees with Tetra Tech Communication Services ('TTCS") as follows: The Olivenhain Municipal Water District, Owner of the below-described Property, does hereby grant permission for TTCS to make application to the City of Carlsbad or any other permitting agency for the purpose of consummating any building or use permit applications necessary to ensure NEXTEL's ability to use the Property for the purpose of constructing and operating a communications facility. The District understands that this application may be denied, modified or approved with conditions and that any such conditions or modifications must be complied with prior to issuance of building permits. Property Address: 1966 Olivenhain Road, Carlsbad, CA 92009 Assessor's Parcel Number: 255-040-56 - - i.-) Signature of Property Owner:________ 4ecyqe Name and Title: David C. McCollom, General Manager Date:263 Tetra Tech Communication Services to Nextel Communications, Inc I 1 . . DIRECTORS OF THE OLIVENHAIN MUNICIPAL WATER DISTRICT Robert F. Topolovac, President Susan J. Varty, Vice President Harold L. Gano, Secretary Thelma M. Miller, Treasurer Mark A. Muir, Director Address for all above: Olivenhain Municipal Water District 1966 Olivenhain Road Encinitas, CA 92024 - )VEOr Photo Simulation CA 7975 B - West Olivenhain ________ 1966 Olivenhain Road, Encinitas, CA S Existing View from East Existing View from West Existing Photos 1966 Olivenhain Rd. APN: 255-031-03 MEMO 11"0033" 11:L20oo': o N L WHALEN & COMPANYo INCA 970 WEST 190TH STREET, SUITE 300 TORRANCE, CA 90502-1092 (310) 715-7630 ORROF 0 PAY TO THE 3683 BANK OF AMERICA TORRANCE-SARTORI BRANCH 0211 (310) 884-1870 1255 SARTORI AVENUE TORRANCE, CA 90501 16-66-1220 DOLLARS . C U, I awl I tA lisp 14 , I ONIWV3 PASEO L TEJO V~ Jj K31 A Him \ ? 44 c\Si WY____ J Dis c I N1 ICA IA SOW S07 CEoAL OW 311Y N two 4 L Rn NT rL \t v, hi Gag CIR JA 39"llh ;a VISFA 14 tANfLA_,j A ld 13 3P :e ; NM A4X) JDIM : -C NJ mw 7*4~ of PAS 4 IN xco vs AP 31 \ PS 1-3 9v 11 duj)vTwW_9 _____ • / - A 4k4 / P-A 01 !itv of Ca*rlsb"ad C I I "FO VL:4'Pr11 lanning Department INSTRUCTION SHEET FOR FILLING OUT ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I This Environmental Impact Assessment (ETA) Form - Part I will be used to determine what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Judicial decisions have held that a "naked checklist," that is a checklist that is merely checked "yes impact" or "no impact," is insufficient to comply with the requirements of the California Environmental Quality Act. When preparing this form, each "yes impact" or "no impact" answer must be accompanied by a written explanation justifying the "yes impact" or "no impact" answer. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Impact Assessment. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form - Part II. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • wwwci.carlsbad.ca.us n ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I (TO BE COMPLETED BY THE APPLICANT) CASE NO: DATE: BACKGROUND CASE NAME: 2. LEAD AGENCY NAME AND ADDRESS: 3. CONTACT PERSON AND PHONE NUMBER: /AZ/ - 602. - 6 / 4. PROJECT LOCATION: /%. £ )Z- L/,,/9//Z' , // 5. PROJECT SPONSOR'S NAME AND ADDRESS: 6. GENERAL PLAN DESIGNATION: ZONING: :7 - OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, fmancing approval or participation agreements): /2QA,V4 PROJECT DESCRIPTION! ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: ? 04/ ,q YILD -/7 -J c /9 - L - Rev. 07/26/02 . . ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. []Aesthetics LI Agricultural Resources Air Quality LI Biological Resources LI Cultural Resources fl Geology/Soils Hazards/Hazardous Materials LI Hydrology/Water Quality LI Land Use and Planning LI Mineral Resources LI Mandatory Findings of Significance LI Noise D Population and Housing LI Public Services Recreation LI Transportation/Circulation LI Utilities & Service Systems 2 Rev. 07/26/02 . ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (Em), Negative Declaration, or to rely on a previously approved ELR or Negative Declaration. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. Based on an "EIA-Part I", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EW are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EtR if the significant adverse effect has been analyzed adequately in an earlier ELR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. 3 Rev. 07/26/02 . . An EIR must be prepared if 'Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR (3) proposed mitigation measures do not reduce the adverse impact to less than significant, or (4) through the EIA-Part I analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measuies appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. 4 Rev. 07/26/02 . . Issues (and Supporting Information Sources). Potentially (Supplemental documents may be referred to and attached.) Potentially Significant Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but El El El [ not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, IJ LII which would adversely affect day or nighttime views in the area? II. AGRICULTRAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or El El El [3 Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or 0 El [I] [J- a Williamson Act contract? c) Involve other changes in the existing environment, 0 El [] [Ed' which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? Ill. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the [] [1] [11 applicable air quality plan? b) Violate any air quality standard or contribute [j] [1] [1] Er substantially to an existing or projected air quality violation? 5 Rev. 07/26/02 . otentially ignifi cant Potentially Unless Significant Mitigation Impact Incorporated U LI U LI El U Issues (and Supporting Info i_ Sources). (Supplemental documents may referred to and attached.) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Less Than Significant No Impact Impact LI U LT LI IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally fl protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? d) Interfere substantially with the movement of any U native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? g) Impact tributary areas that are environmentally U sensitive? 1-01 LI U El El U LI LI U LI LI LA LI LI Er, 6 Rev. 07/26/02 Issues (and Supporting Information Sources). Potentially (Supplemental documents may be referred to and attached.) Potentially Significant Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the [] significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the signifi- EJ El El [j cance of an archeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontologi- El REt cal resource or site or unique geologic feature? d) Disturb any human remains, including those interred [] [] [j outside of formal cemeteries? VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as El El El [1- delineated on the most recent Aiquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? El [I] El [._- iii. Seismic-related ground failure, including [1] [1] liquefaction? iv. Landslides? D LII LI LEt b) Result in substantial soil erosion or the loss of El El LI E3-- topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table 18 LI [II] Lii LI]" - I-B of the Uniform Building Code (1997), creating substantial risks to life or property? 7 Rev. 07/26/02 . otentially ignificant Potentially Unless Significant Mitigation Impact Incorporated Li Li Less Than Significant No Impact Impact Li Issues (and Supporting Info n Sources). (Supplemental documents may e referred to and attached.) e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project a) Create a significant hazard to the public or the environment though the routine transport, use, or disposal of hazardous materials? 1-01 b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or [J acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of [] hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safely hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip," would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of [I] loss, injury or death involving wildland fires, including where wildiands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY - Would the project a) Violate any water quality standards or waste EJ discharge requirements? Li LiLI Li Li Er Li LI [E] Li Li Li Li Er- Li Li Li LiR LI El [I] Li[ Rev. 07126/02 $0, ntially Issues (and Supporting Informatio ources). (Supplemental documents may be referred to and attached.) Potentially Significant Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Substantially deplete groundwater supplies or El El El ff' interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Impacts to groundwater quality? d) Substantially alter the existing drainage pattern of the F I El [1 [- site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? e) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a mariner, which would result in flooding on- or off- site? f) Create or contribute runoff water, which would El [I] [I] ET exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? g) Otherwise substantially degrade water quality? [I] [1] [11 [- h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? i) Place within 100-year flood hazard area structures, 0 [] [] which would impede or redirect flood flows? j) Expose people or structures to a significant risk of [I] [I] El Ea - loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? k) Inundation by seiche, tsunami, or mudflow? El [] [I] E1 1) Increased erosion (sediment) into receiving surface [] [j] [3" waters. m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? 9 Rev. 07/26/02 Less Than Significant No Impact Impact LI WMEH I. Issues (and Supporting Inforind0k Sources). (Supplemental documents may ... referred to and attached) n) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? o) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MiNERAL RESOURCES - Would the project: a) 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? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? M. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? W ig tentially nificarit Potentially Unless Significant Mitigation Impact Incorporated E LI LI LI Li LI Li LI LIR- Li Li LI [31- Li Li Li LI LI LI Li Li LI LI LI [ Li Li LIR LI U U LI Li Li 10 Rev. 07/26102 Issues (and Supporting Informati Sources). (Supplemental documents may be referred to and attached.) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? ij1 POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact El El El LI LI LI LI LI LI LI LI LI LI LI LI LI LI [IV 1) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? XIV. RECREATION Otentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact El LI1" El El Lk El El D- Xffl. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: a) Would the project increase the use of existing [I] neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? LI LIR 11 Rev. 07/26/02 . otentially ignIficant Potentially Unless Significant Mitigation Impact Incorporated LI LI Less Than Significant No Impact Impact LI FE a EN Issues (and Supporting InfornilMn Sources). (Supplemental documents mayw referred to and attached.) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level LI of service standard established by the county congestion management agency for designated roads or highways? a a FIRM c) Result in a change in air traffic patterns, including LI LI LI either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature LI LI LI 1IIE3- (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? LI LI LI IEE1 f) Result in insufficient parking capacity? LI LI LI g) Conflict with adopted policies, plans, or programs LI LI LI IIEI supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the LI LI LI applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or LI LI U LiE wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm LI LI LI [IEI water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the LI LI LI project from existing entitlements and resources, or are new or expanded entitlements needed? 12 Rev. 07/26/02 Issues (and Supporting Informatulources). •entially (Supplemental documents may be referred to and attached.) Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 1) Be served by a landfill with sufficient permitted [I] capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and [] [j- regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the EI{] LI [) 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? b) Does the project have impacts that are individually [] El L] limited, but cumulatively considerable? ("Cumula- tively 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?) c) Does the project have environmental effects, which El [] will cause the substantial adverse effects on human beings, either directly or indirectly? XVffl. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EM, 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. 13 Rev. 07/26/02 DISION OF ENVIRONMENTAL EVAATION AIR QUALITY—Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The project site is located in the San Diego Air Basin which is a federal and state non-attainment area for ozone (03), and a state non-attainment area for particulate matter less than or equal to 10 microns in diameter (PM). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (AR'B) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(3) of the State of California Environment Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the growth assumptions of the City's General Plan and the RAQS. Therefore, the project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact. The closest air quality monitoring station to the project site is in the City of Oceanside. Data available for this monitoring site through April, 2002 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (one day in both 2000 and 2001) and one day in 2001 for the federal 8-hour average for ozone and one day for the 24-hour state standard for suspended particulates in 1996. No violations of any other air quality standards have been recorded recently. If there is grading associated with the project, the project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant C) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? 14 Rev. 07/26/02 Less Than Significant Impact. Oe Air Basin is currently in a non-attainment Z9 for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130 (a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. I. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Department. March 1994. 15 Rev. 07/26/02 LIST OF MITIGATNQMERES (IF APPLICABLE) ATTACH MITIGATION MONITORiNG PROGRAM (IF APPLICABLE) ///--f 16 Rev. 07126/02 TICOR TITLE COMPANY hh1 r t00 ange, CA 92867 -(714) 289-4335 OF CALIFORNIA Issuing Agent for Chicago Title insurance Company TITLE OFFICER: Chris Maziar - Wireless Title Unit TITLE OFFICER PIIONE: (714) 289-4365 TITLE OFFICER EMAIL: cmaziar©atitle.com TITLE OFFICER FAX: (714) 289-4387 TO: TETRATECH/NEXTEL COMMUNICATION 5761 COPLEY DR STE 100 SAN DiEGO, CA 92111 ATTN: ANNE WULFTANGE VOURREF: GA64779PRUCEIN C4 4t1011 "N ORDER NO.: 1502868-15 PROPERTY ADDRESS: OLIVENHAIN ROAD, CARLSBAD, CA DATED AS OF: August 05, 2003, 7:30am PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Ticor Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed exceptions and exclusions from coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued thereport, This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a Policy or Policies 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. The Policy(s) of title insurance to be issued hereunder will be policies of Chicago Title Insurance Company. Please read the exception shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. TICOR TITLE COMPANY OF CALIFORNIA 8Y Authorized Signatory Signatory -M 1, 09-1p k-1 ATTEST 31, Im '. SE4J' - The form of Policy or Policies of title insurance contemplated by this report IS: Preliminary Report The AL TA Enhanced Homeowners' Policy, an AL TA Homeowners' Policy of Title Insurance for a One-To-Four Single Family Residence, will be issued for an additional 10% of the published rate. Standard CLTA Owners is available upon request. YOUR REFERENCE: CA6477 SPRUCE RUN ORDER NO.: 1502868-15 SCHEDULE A THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: AFEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: OLIVENHA3N MUNICIPAL WATER DISTRICT THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT A" ATTACHED HERETO AND MADE A PART HEREOF Page 2 ?ropert,T Profile - Prepared by TOWER Page 1 of I Property Profile Prepared by TOWER TETRA TECH COMMUNICATION SERVI 925-283-7700 Parcel Number: 2550310300 0, CARLSBAD, CA - back OWNER & GEOGRAPHIC INFORMATION Primary Owner: Olivenhain Municipal Water Dis Secondary Owner: Public Agency Legal Description: 1.90 AC MIL IN LOT 10 Lot/Tract/Block/Section : 49111 View: Range: Township: County: San Diego - California Site Address 0 CARLSBAD, CA - Map / Grid: Relationship: Telephone: Census Tract : 0200166007 Block Number: Section: Quarter Section: Zoning: PC 255 Mailing Address ,CA - ASSESSMENT& TAXES Land: $0.00 Structure: $0.00 Total: $0.00 SALE& LOAN Tax Rate Area: 09129 Tax Amount: $0.00 Sale Price: $0.00 Deed Type: GRANT DEED Document# :104122 (Request Doc) Record Date: 06/19/1962 Sale Date: 06/19/1962 Living Sqft: 0 Building Sqft: 0 $/Sqft: Bedrooms: 0 Bathrooms: 0.00 Total Rooms: 0 Lot Size: 82764 Style: Type Const: Frame: Vesting Code: Prior Sale Price: $0.00 Prior Sale : lI 1st Mortgage: $0.00 Lender: PROPERTY CHARACTERISTICS Use Code: Stories: 0 No. Bldgs : 0 No. Units: 0 Bldg Use: Year Built: 0 Eff Year Built: 0 Roof Type: Roof Cover: Class : Pool Type: Loan Type: 2nd MTG : 0 2nd MTG Loan Type: 2nd MTG Deed Type: Fireplaces: 0 Park Space: NONE Ext Walls: Foundation: Influence: Garage: Heating: Air: Sewer: Water: Courtesy of Ticor Title - Orange & Realnet Software All information provided is deemed reliable but is not guaranteed. htp://w.usrealnetcom/cgilxrealtst.exe?CG=RNS&USRACCT=R20 1 92409&XACTION=APNF SEA... 9/16/2003 QUALITY ORIGINAL (S) Order F.scrow Number .......................Number,...................... I 'RECORDING REQUESTED BY FM I FR UI — ....-..... WHEN RECORDED. PLEASE MAIL. TO VAI rtnMTY Mtc. 130 a2..flora Atta: Mr. Smith J•[•q •1fA 5II -].a1 i.IJ Grant Deed .LUX LAND ......Partnershi p -.... - . For a Valuable C.iideration. the receipt of which is hereby acknowledged, tb.......hereby GRANT to ....... ...... ...OlVENHA AL all that rezil property situated in the County of ...... .!.$0................................ ..State of CJIIifnrniL described as follows: That portion of 1.t 10 oi the Subdivision of the Rancho las Bocinitas, 1* the Cenuty of San Di.g, State of California, according to 1p thereof Jo. 848, filed in the c4fice of the County Recorder of said San Di.p, County, June 27, 1898, described as follows: BsgIi."4"g at a point in the Southerly ha, of said Lot 10, distant thereon Berth 8703'30" Zest 509.61 feet fro. the southwesterly oornsr of said Lot, amid point being the Southwesterly terminus of a 300 foot radius curve In the center 11*. of County Road Surv- Jo. 4%, as described In deed to the County of San Diego, recorded January 21, 1930 in Book 1737, pegs 4 of Deeds; thence along said center 11*e as follows: Northeasterly t1ong said curve 256.98 feet through a central angle of 4904 149"; and tangent to said oniw. Barth 37'58'41" ust 697.88 feet to the point of intersection of the center liac of County Road Survey $. 454-A as described in deed to the Counts of San Diego, recorde4 May 4, 1954 in Book 52269 pegs 582 of Official Records, said point being the point of tangency of a 350 foot radius curve concave Easterly as d.zcribed In Parcel 7 of said deed; thence Southerly alon.g said curve 355.37 feet through a central angle of 58 010 927'; thence tangent to said curve South 20'h1'46" Beat 311.85 feet to the Southerly ha, of said Lot 10; thence along said Southerly line South 87003'30" West 706.46 feet to the POIJIT OF B1INNL$3. IJJX LâJD COIWAJT 1 ,1 L"2 - F RECORDED REQUEST OF IITI.E ISUWf I MR CL JUTS 19 gOO.M' ..L- SERIES 3 BOOlt 1952 OFFICIAL RECORDS SAN DIEGO COUNTY. Ulf- A. S. CRAY, REX)RDER ILE/PAGE -. .J.. That portios of lot 10 of the Subdivision of the Rancho Ian Eccisits,a, in the County of San Diego, State of California, according to Nap thereof No. 8 1i8, filed in the 131 office of the County Recorder of said San Diego County, Jun. 27, 1898, more fully des- cribed by attaclaent hereto: SUBJECT TO: 1. General and Special Tax.s for the fiscal year 1962-1963. 2. Covenants, conditions, and restrictions and rights, rights of way and easements for public utilities, water companies, alleys and streets, now of record if any. State of CALIFORNIA Comfy of IMPERIAL M22 before inc, the undersigned, a Notary Publi: in and for said County arl State, personally appeared....,.............. E. C. R'JTHEmFORO AND JACK H. BENSON known to pie In be ........ ....!!.............. of th partners of the partnership that executed the within ins?rurnt'nt, and acknowl edged to me' that such partnership executed The same. WITNESS my hand and official seal. (Seal) .,. .... Kotary !â 'c in and for .jid C*vn?ç and Slate. My: q../i— L oj CALIFORNTh k. ss of SAN DIEGO ç r -c x 0 = Ia on a - = -C a a C x a - sate County on ........ ..........19 ...... before roe, the undersigned, a Notary Public in and for said County and State, personally appeared.................................... ROGER R. REV ....................................... known to me to .......... of the partners of the partnership that executed the within instrument, and icknowt edged to me that such- partnership execuj,ed the same. 'WITNESS my hand and 9ffic.1s ...................................................... Notary Public in and for Said Csvntt and Spin. My cOTiuniSSiOfl expires Dec. 27, 19b3 'C z S a I a a LUX lARD CC!A.N! - ....c4..,. .. ' ......................... Cnurity, State of ooaty of ' 5 itrtiornt and On.......19z- befoie me, the undersigned, a Notary Public ri and for said .................... COUntL.and State, personally appeared -'rrd .1 I) known t0 1it( .,.. c'c'E' of the partners of the parfiidi that exikuted the within instrument, and arbrmowt- edged te.0 that 'vcfi'-partnership executed Ito same. WITNESS my hand and official seat. fSéalI - P in 1 br sh Commission Expires June 15. 1962 LE$GU)TIOS4 OF THE BOAM OF DIRECTORS OF C*-IYENYAIN **LCIPAL *ATE* •ISTRiCT A THIItIZIP& THE EXERCISE OF OPTION TO PLmQI*.SE NXCING TO TERMS OF LSE VATIM JAMRY 21, 1961, BY AM BETWEEN LUX LAID CMY MS (LIVEM4AIN XMICIPAL WATER DISTRICT WHEREAS, at an adjourned regular meeting of the Board of Directors of Olivenhairi *inisip.1 Water District held on January 13, 1961, said Board approved and instructed proper officers of the istrict to •z.st. 1..so aqr....nt by and between Lux Land Cany as Lesser, and Olivenhain Municipal Water District, as Lessee, and WHEREAS, Psraçr.ph Fifteen of said leas* sets out tft*s for .pti.si to prsh.se property nore particularly described in Exhibit A attached to said Lease; MM, THEFE, BE IT REXLVE, BETERM1H IS OER as fsllow.t That the aoard if fljr.stsrs do.* hereby authorize the Treswtt sad Seeretary to proceed in any action required to eziri.o the option to pvrshas* land, covered in Less. dated Jaaary 21, 1961 9 by sad btw..n LUX LAID CCWANY and OLIVEbIN **4ICIPAL *TER DIXTRICT o ADOPTUt SIOM AID APPROM this lit day of Jun., 1961 by the f.11.iag r•11 call votsi ".. AYESa DIRECTORS 1 BERK, GOLEM, ROOD and WTEGAND *ES* DIRECTORS NQILE ASSENTS VI*CTRS TH01AA3 pr i the cpers of Olivenhain 0mleipervater OLstriet ATTMt ti a."IL\ ftaftiat &ad of the Board of Director s (SEAL) 4 ' 132 - SVLTZ O. Coun of Son 340M I, -UX . 2t1, êearxy of theosr5 o I'ireoo'i of Olihai it-ijpe!. ater jetriet, t tbqt tile.. for resolution *1y n4pte lq the øar of Xirecto3s • &f s4a trt ELt, ff4bned ,regz1r eetftig of said 30ai V V 1961 ox&th 31.l3,dyof eo opt br the !o].1o.Yt*E - V LY3: 'TLOBBerk,Go1em, Wood and iiegand •V )z DISNcè V: V V V ENT TaIMTOTOFF T1-on7as V4 - Seortc.r' of hi'1n VIun aipa af ir ators..thezof. 5AR cre C LEVV.) V V VV - - V •,-VV VV V V - V V •V V • ( O1flt7 O - - tj1Th!i C. B xetzy of te 10-f- Meetoz' or 011 r2lmln iS-i*1 r tFtriot, $ TT at tLe - 'c an for'-on t . 11, trio td e0z'rct oapv of i-t.e1ut1 . ;o of -F n thit -o not lid r : :June l4, ,1962 -V - - Socret i! 0Uvenhzi .atc1mI -. •.?VV. •--:--. - - V d of th'. 04- 2"• VV - V V : .;.2'e0t0X' -: - -- C -- -• V -, :_: •.: - - V V V -- •V V - V YOUR REFERENCE: CA6477 SPRUCE RUN ORDER NO.: 1502868-15 SCHEDULE B AT THE DATE HEREOF, EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property Taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2003-2004. B. Property Taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2002-2003, Assessor's Parcel Number 255-040-56. Code hea: 09128 1st Installment $NO TAXES DUE 2nd Installment: SNO TAXES DUE Land: $NONE SHOWN improvements: SNONE SHOWN Exemption: $NONE SHOWN C. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (ComrTencing with Section 75) of the Revenue and Taxation Code of the State of California. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: COUNTY OF SAN DIEGO Purpose: PUBLIC ROAD Recorded: AUGUST 4, 1898 IN BOOK 272 PAGE 86 OF DEEDS Affectsf THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD 2. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document; Purpose: ROAD Recorded: DECEMBER 29, 1903 IN BOOK 336 PAGE 297 OF DEEDS Affects SAID LAND AS DESCRIBED THEREIN 3. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a documënt Granted to: COUNTY OF SAN DIEGO Purpose: PUBLIC ROAD Recorded: DECEMBER 19, 1930 AS DOCUMENT NO. 60237 IN BOOK 1839 PAGE 356 OF DEEDS Affects; SAID LAND AS DESCRIBED THEREIN 4. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: SAN DIEGO GAS & ELECTRIC COMPANY Purpose: PUBLIC UTILITIES, INGRESS AND EGRESS Recorded: DECEMBER 23, 1948 AS DOCUMENT NO. 126597 IN BOOK 3059 PAGE 321 OF OFFICIAL RECORDS: Affects. SAID LAND AS DESCRIBED THEREIN Page 4 YOUR REFERENCE: CA5477 SPRUCE RUN ORDER NO.: 1502865-15 SCHEDULE B (continued) 5. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: COUNTY OF SAN DIEGO Purpose: PUBLIC HIGHWAY Recorded: AUGUST 25, 1961 AS FILE NO. 149167 OF OFFICIAL RECORDS Affects: SAID LAND AS DESCRIBED THEREIN 6. BOUNDARY MAP OF THE ORIGINAL COMMUNITY FACILITIES DISTRICT RECORDED AT BOOK 24, PAGE 56, DOCUMENT NO. 90-674118, MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER FOR THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. A NOTICE OF SPECIAL TAX LIEN, THE 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 NO. 1991-0236959 OF OFFICIAL RECORDS. BOUNDARY MAP OF THE FUTURE ANNEXATION AREA DISTRICT RECORDED AT BOOK 27, PAGE 21, DOCUMENT NO. 93-220163, MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER FOR THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. BOUNDARY MAP OF THE ANNEXATION AREA NO. 98199-1 RECORDED AT BOOK 32, PAGE 76, DOCUMENT 0. 1993-842689 MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER FOR THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. AN AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION), RECORDED DECEMBER 29, 1998 AS FILE NO. 1998-0854879 OF OFFICIAL RECORDS. 7. EasemEnt(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: WIEGAND PROPERTIES PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP Purpose: PUBLIC UTILITIES AND RIGHT-OF-WAY FOR ROAD PURPOSES Recorded: APRIL 30, 1991 AS FILE NO. 91-0197546 AND RE- RECORDED AUGUST 21, 1999 AS FILE NO. 1999-0249143 OF OFFICIAL RECORDS Affects SAID LAND AS DESCRIBED THEREIN 8. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: CITY OF CARLSBAD, A MUNICIPAL CORPORATION Purpose: INUNDATION OF LAND DURING FLOODING PERIOD Recorded: MAY 2, 1996 AS FILE NO. 1996-0222578 OF OFFICIAL RECORDS Affects: SAID LAND AS DESCRIBED THEREIN Page 5 YOUR REFERENCE: CA6477 SPRUCE RUN ORDER NO.: 1502868-15 SCHEDULE B (continued) 9. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: CITY OF CARLSBAD Purpose: ACCESS ROAD Recorded: MAY 2, 1996 AS FILE NO. 1996-0222579 OF OFFICIAL RECORDS Affects: SAID LAND AS DESCRIBED THEREIN 10. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Purpose: OPEN SPACE, SLOPES, DRAINAGE, TEMPORARY CONSTRUCTION, INUNDATION, AND ACCESS ROAD Recorded: AUGUST 19, 1996 AS FILE NO. 1996-0421270 Affects SAID LAND AS DESCRIBED THEREIN 11. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: CITY OF CARLSBAD, A MUNICIPAL CORPORATION Purpose: TEMPORARY CONSTRUCTION OF ROAP & SLOPE Recorded: APRIL 23, 2001 AS INSTRUMENT NOl 2001-0247976 OF OFFICIAL RECORDS Affects: SAID LAND AS DESCRIBED THEREIN 12. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: CITY OF CARLSBAD, A MUNICIPAL CORPORATION Purpose: SLOPE Recorded: APRIL 23, 2001 AS INSTRUMENT NO 2001-0247977 OF OFFICIAL RECORDS Affects: SAID LAND AS DESCRIBED THEREIN 13. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION Purpose: UNDERGROUND ELECTRIC FACILITIES AND UNDERGROUND COMMUNICATION FACILITIES Recorded: JUNE 24, 2002 AS INSTRUMENT NO 2002-0530127 OF OFFICIAL RECORDS Affects SAID LAND AS DESCRIBED THEREIN END OF EXCEPTION ITEMS Page 6 YOUR REFERENCE: CA6477 SPRUCE RUN ORDER NO.: 1502568-15 SCHEDULE B (CONTINUED) NOTES AND REQUIREMENTS NOTE: Amended Civil Code Section 2941, which becomes effective on January 1, 2002, sets the fee for the processing and recordation of the reconveyance of each Deed of Trust being paid off through this transaction at $45.00. The reconveyanre fee must be dearly set forth in the Beneficiary's Payoff Demand Statement CDemand). In addition, an assignment or authorized release of that fee, from the Beneficiary to the Trustee of record, must be included. An example of the required language is as follows: 'The Beneficiary identified above hereby assigns, releases or transfers to the Trustee of record, the suth of $45.00, included herein as 'Reconveyance Fees', for the processing and recordation of the Reconveyance of the Deed of Trust securing the indebtedness covered hereby, and the escrow, company or title company processing this pay-off is authorized to deduct the Reconveyance Fee from this Demand and forward said fee to the Trustee of record or the successor Trustee under the Trust Deed to be paid off in full." - In the event that the reconveyance fee and the assignment, release or transfer thereof are not included within the demand statement, then Ticor Title Company may decline to process the reconveyance and will be forced 10 return all documentation directly to the Beneficiary for compliance with the requirements of the revised statute. Page 7 Ticor Title Company Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information (Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we servé. This Privacy Statement provides that explanation. We reserve the rightto change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From yourtransactions with, or from the services being performed by, us, our affiliates, br others; • From our Internet web sites; • From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information. We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with prdviding products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: * to agents,brokers or representatives to provide you with services you have requested:, • to third-party contractors or service providers Who provide services or perform marketing or other functions on our beha1f, and • to others with whom we enter into joint marketing agreements for products or services t,hat we believe you may find of interest In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise prmit1ed by applicable privacy laws such as, for example, When disclosure ig needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the importnt responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents rijay contain your Personal information. Right to Access Your Personal Information and Ability to Correct Errors or Request Changes or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Persorat Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of you Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Cafle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. EXHIBIT A AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1.-87) EXCLUSIONS In addition to the Esccption in Section B, you are not insured against i-cat, costs, me's' fees and esperscs resulting irene Gcvennncnl plicv power, and 1he nmstenes or xiolatinn of an law Cr gesrnlncnl regulation. This includes building arid zoning UdiMan= and aLso laws and regulations concerning • Land u.se Improvements on the 1=1 • Land division • Eirenrnenta! protection This eselinoec does not apply toiiiionu or the enforcenct of these maIlers which appear in the public records at potiry dale. This clue-ins does not limit tl arming coverage described ni trains 12 and 13 of Crivcmd Title Risks. 2. The right to taLc the land ba condemning it. untaa • A nouire of escrciaingtlie right appears in the public records on the Policy Date • The taking happened riot to the Pallcs Dale and is binding cm you if you bought the land withois knowledge of the tal.irrg. 3. Thin Risks: that are cratod. allowed. orzreed to by you • that are biown to you, but nat to us, on the Policy Date - unless they appeared in the public records • that result isuo loss toynu that First affet your title after the Poller Date— this does not limit the labor and material hen covesge in Item P rilCovared Title Risks. 4. Failure to pay value for your titl& 5. Lack of a tight • to any land outside the awa spturilicaliy described and referred to in Item 3 of Schedule A; or in SIlcetS, alert, or waterwers that touch vocr land. This exclusion does not limit the access do-.-erage or Item of Cevered Thin Risks. SCHEDULE B EXCEPTIONS in s.dii:icio jo the Exclusions. k-se are riot inurcd ecarrist loss, cosm snorne's fees. and the espensea resul ring from- Any riht, interests or claims c panics is poscoticri of the Lend riot sIns-c by the public records. 2 Ar casements or licrs not shown by the public records. This does no: lnnit lhc tsr coverage in hem of Covered Title Risks. 2. Ar v hots ot'oijt the land hicb a Correct SUOVC ,ciutd disclose sod which art no: shown by the puhtic records. This doris not limit the forced remsal coterage in hero 12 coed Title Risks. 4 Ary wIer tights or claims or title tri water is or under the land, whcthr or rut shss shy the public records. CAJFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- 1990 EXCLUSIONS FRO The lbllowmg matters are eqtmesly e'cluderi from the esnerage 1 this policy and the Company will not pay loss or damage, coats, ettonacyhi ices or expenses which arise hr reason of. (a) Any law, rdlncncc or gevcrnrocnt regulation I cludirig tm:b riz'l tin-tiled to tuihlbip arid aenin; lenvs. ordinances. or regulations) restricting. prohibiting or relating to (I) the occupeecy. eec or ctrjoyrnertl of the lsrid (ii) the character. dimerusioris or location cii any iroprovernont cow or hereafter erected on the iaii± (iii) a Separation in lOn-nerthip or a change in dimensions o area of the land or any parcel c-f vthch the lard is or n.us a part o (is-) environr'tenia] protection, or the effect cf any vikstiri of these iCws enibreemuct thmeof or a ririuire of a defect, lien cit encumbrance resulting from a violation or alleged violation affeetirr (he land has been recorded in tl.e pubIc records at Dote of roliny. b) Any governmental police iewer not eacluded try (a) above, except to the extent dicta notice of the exercise therscuf or it notice f a defect, lien or encumbrance resulting from a viculsuich. or alleged violalicto affecting the land has been recorded is the public recdrds at Date of Policy. 2. Rights of eminent domain unless retire of the exercise (hereof has been recorded in the public records at Dare of Policy. hut notl excluding from coverspe arty taking, shich has occurred prior to IPaic of Piicy which would ho' biotdicg on the rights of; purebater for valuc without knoso ledge. 4 COVERAGE 3 Defects, liens, en;um'onurtces. ad,rcsc climcs, or other matteno a) created, suffered, assumed or agreed to by the inSL'red chairnaut. (ii) 001 known to the Company. neil recorded in the public records at Date cii Policy. h-at known tot be the inui-ed claimant arid not disclotcd in v -citing to the company by the insured claittauttt prior to the date the insured clairrtzr.t became an irnomad under this policyr (c) resulting in no totss or dalrsige to the insured clzuinetnt: (ti) attaching or created subsequent to: Data ofFolicy. or Ic) resulting ic toss rio damage whiehwould 101 hose been sueratr,ecl ii she insured claimant hod paid swiuc for the estate or iritcret insured by this policy. 4. Uncnfrirecabitily of the lien of the inSured warrigege bresuec of the inability or Ibrture of the ir.sssred at Date of Polfrv,'or the inability Or failure Of any subsequent owner of the indebtedness, to comply with the applicable doing business Laws of the Ctztc in which the land is situated. 5. lnsatithtv or urucibreerslrlity of the lied of the insured osotps;e, or claim threctt, which sr-ices out cii the tr-ar.saction evidenced by the insured nwtrlga;e and is based upmmn tss-,zry or any crunsorrier credit pmniktiotn or truth in lending lsw, 0. Any char-ru, which arises out of the transaction vesting in the herimnl the estate or interest insured by this policy or the uat-sutczior, crusting the interest of the insured lender, hr reason of the operation of federal hartlo-upirs, Stale insolvency, or similar creditors' rights laws SCHEDULEB - PARTI EXCEPTIONS FROM COVERAGE This pulsy ulLica nut titsun, ig.uttusl k04 ordarrege (atud the Company will nOt pay coats, attorne)'"~ f or expenses) which arise by rinuacin tsP I. Taxers o' itasesamerns which are riot shown as ezisnrn; hens by the reerda of cry 3 Easements liens, run cricumbrnnce, sic olusirns thereof si lach arc nor shovii by tlt taring jjuthyny that evict ussea or assessments or, real propcth' or by the public public records. n,00rd.c Proceedings by a iliii agency uohtch musy remIt in taxes or ss.sasmsmcrits, or 4. Discrepancies. c:mflicrs is boundary lines. ahor.z;e it. area. encroadirrient, or airy notices ofauich proceedings. ushetim or not shown hi she record& of arch agency or hi' tither facts which; correct surory s-ri-old disclose, and which arc not sluciwn by the the public records public records. - 2 Ain' facts, rights, interest or claims ushich arc iso shown by the public records hiS 3. (a) Unpaieruted n-trims; claims, fb) rcse'-vartona or exceptions in patents or in 'ten which could be ascertained by gn inspection of the land sir ubIch may be asserted by authorizing the issuance thaieaf; (r) s-ajar rights claims or title to water, whether or r'crsnns is possessions thereof not the uruera excepted under W. (b) or (c) arc shown by the public records EXHIBIT A (CONTTh'UED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT- FORM 1 COVERAGE and AMERiCAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT- FORM I COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE The lbllowiog ostcts are espntoJ evcludad from TJi rage of the policy and the eonnsnv will n-at pay lots or damage. costs. aunmey's fees orespenses which arice by reason oil (a) any law, ordhattec or -nmontal reuialian (inclLiding but not Thrated to building and zoning Iews dlnancc. or reputations (ic-ting. prohibitiog or ratathig to (i) the occupauct. use or c oynoarrl of the land (ii) Lhc coretoer, dimonsirs or- Bzaiion ofn improvement now or hereefier a e;ted ott the tsiii (iii) a seranallon in o3hIp or a ehene in the d1niensiOns or ares of the land or any parcel of which thetand is or was a pail or (is) cmironmcntal prctecncn, or the effect of any tattoo of these law& oi-dir.usces or gni-erorneol utalions. ewi to the extent that a notice of the crfreeinc,,r thereof or- a nntre of a deft-ct. lien or erteurobrance resulting (trim a ation or alleged sltu.ion effecting the land has been recorded or the public records at Date f Prtlic. (h) Anv gointitial police power nor encluded h (s) abouc esrcp! to the ctleir that a notice nf the exercise Jt-.-sor tic a notice OF it drfct-1, hen or encumbancc resulting front s viriatiot, or alleged ooror affecting the land lisa been recorded in the pubhc records in Date fPcti: 2 Rights of eminent domain unicasnolioc of the eacrcic thereof has been reusided in the public records at Date cf Policy, but not excluding from cover-age airy tating whioh has occurred prior to Date of Pclrcv which would be binding or. the rights r-.f apirrettaser for taluesst.hout o,ledgc. 3. Defects, liens, toumbranco, atheist clams., or other rnaOcrtt a) crested, tuifer-ed, assumed try agreed to bt the tirtured claimarti tin not Lnctrsn to the Company. not recorded in the pabuic records at Date tft'clic:.. but hnowo to the iirstired clainwirt arid trot disclosed in iThinp to the Cerripany by the insured claimant prior to the date the insured claimant beesnie on tasurd under this po1irs IC) resulting in no lots or drtnpe to the insured clzimairri d) attsthing or created subsequent to Date of Poiic Cr (c) resulting in loss or damage which would not have been siuctainad ii the insured claimant had paid value for the estate or interest intured by this 4. Unforecahitiry Of the liert of the ir.thrred moniptipe because of the inability or fnlitrro of the insured at Ds'c c'fPouicy,cr the inability or failure of any subsequent: nwrser of the indebtedruess, to corrtlt with epplieshle doing business laws of the State In which the land is silested. d invalidity cur uneltorecahiluty cii the lien of the sr,sur-ed tocnigage, or claim thereof, which arises nut rf the tslorsctiz'n crhdcrccd by the insured mortgage, and is based upon usury u- err cmaumercrcdst protection or truth in lending isa. statutren lion for ter-vicet, labor di materials (cur the claim of prior -itt' of arty atatulnry lien for sari-ices, labor or materials over the lien of the insured rnoilgntge) arising front an hnprou ernest or work related to the land which is contracted for and contrococed suhseeuc'r.t scu Date of Policy and is nrc financed in whole or in part by proteeds of the htodness secured ty the insured mortgage rhiclr at Date cf P&ic' the insured has advanced or is cibirtatod tin advance 7 ut'y claim a inch arises out of the rransaction creating the interest or the nsnrgagee tnsured h this polic'., by reason of the operation of federal bankruptc, slate trorolvcriry. or similar creditors' rights laws, that is based on" I) the tran,aducio creature L4e interest ru r tire insured mrirugapee being deemed a fraudulent ccuru'.'eyznce or fraudulent trurferi or uin) the sthc-rdinstinnt tuf the interest i the insured morspasee as a rccstlt c-f the pplicatin cii the dnctn-ir.e of equitable subcirdiruurizrn, or (in) the trantaction er-sating the intertst cii the itrsu"td rrooruprrgee being demcd a preferartisI trnfer cat-apt where the preferential oenutfer results from th failure: (a) to unieiv reord the Instrument of trenfer or (in) of such recordation to impart irtr'icc to a purchaser for unitte or a judgement or lien creditor AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) and AM RICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLI CY (10-17-92) ,i..ltIdLJL,.i. i_Fl I •ili '..' The Ibtknvrnp mattela are czprerrly escl'udcrd front the cot er-ape of this policy and the ('cunipany will not pay loss or damage, cost attorney's fees or expenses a) rich arise by reason (a) Any tan. ordirucutce or gr-errrrnerttsi regulation (tuteludling h-,rt nOt Irmited to building arid zorrittg bus-st ordinrnce. or regulations (resh-ictirig, pntbtbhir.g or rclatlng to (I) the o:euparcy. use, or enjoyment of the lznd. (ii) the clnars:lr, dimerusirtnts or lseadent of 'any improvement n:'w or tisrczfter erected On tue land. (Iii) a sepauztiou in o'ureritltip or a change in the dimcrtnione on area Of the lord or any pan-ce) of which thelzrtd to or was a pore or (fr) envin-cinirtntt'al protection, Or the effect of any s-irnlrttintn of these laws, ordr.anees or goserrrrrientttl regulations, except to the extent that a notice f the enforcement thereof or a atitice of a defect. lien or encumbrance resulting front a vizulrrlitsn itt allngsd s-irtiatbrt affecting the land has been recorded in the public records iii Date of Policy (In; Ant gtrvcntnientsl police power not excluded bv (a) shot-a, c'.eepl to site eatent Alai a notice of the csereie thereof Cr a notict of a defect, lien or eneurnbrsrce teStaltirig front a violatithi or alleged cttobtiort affecting the land bus boor-u recorded in the public rectods at Date of Policy 2. P,ittiuta orrininmit elaninin uniss notice of the onercirue thereof lirtin beer, recorded jut the public records at Date cfPolict,but not erioludinnp from coverage spy tatiog nshtclt has occurred r,tior to Date iii Polir 'a'buch a inid be binding cur the rlgtrtni of a purchase for value without kuonledute 3. Defectp, Iitns, aureurruheances, advert.e clout, or ether matters: (a) created, poffered, anrui'wd or egr4ecl to by the insured etainuraurti (In) not l.nowsr to the Conr-tpany, not recorded in tIne politic records at Date iii Policy, but Lnciwrt to rho inn-wed clhr,atnt arid not dtsclssd in writtrng tn tire Company by the insured claimant pritir in the date the iriured cleinuseut became an irritried urtdor this po)cyr (c) resuttiog in ito hnps or dsmape ti-u the insrtred claimant; Id) attaching or, crested subsequont to Data of Policy, or (c) resulting in lrs or damage which wiruid not han-c betot stisizinad if the chibsitunt hoe raid valuit fttr the eState in-i interest insured by this policy. 4. Any claim which arls=v otit or the transaction vesting in th intured the estate or interest irtsu'ed by this t-iIt-3', by reason of the opentrtion of federal bunkr-uptcv, store irrtuli'ency, Or sintilar creditor's rights laws, dual is based M. I) the tntruittctimr creating the estate or tnteret insured by this policy hoitt; deemed a fraudulent ccunvevanecor fraudulotni steutsier cur (it) the crunisoetion erecting the estate or inlertst Insured by thiS policy being deemed a p"lhrentizt transfer crcepu where the preferential e'snsfurr rerorils forum the Falturct (a) to timely regrurd the iastruunc'ot cv' trantfer or (lii) of such rercurdatirin to impart notice to purahzaer (or nzhae or a tudrntcnt or lion credttcur The- above kLTS. p-olic'y forms may Inc issued to ArolJ eutbr Standard Con erage or Extended Coverage. in addrtitr to tire shove Erchtoto'rrf'rnr Crruercgr, tIre &ccrp000sj"0n' Corer-age inn ii Standard Coverage polie, alP also include the (oltovirig Goner-r! Ert -eruiu'rnr: SCHEDULE B-PART I EXCEPTIONS FROM COVERAGE This pulic dues not insure against less or damage (and the Company will not p.3 eactS, attorney's feet or capenseS) abkrb arise hi reason oil ii' assessments which art not howi' as existing liens by the records f any ta'utrug authority that tcvues taxes or assessments on real property or by the public recorda Proceedings by a public acncy wiuch mat result in taxes or assessments or tunic-es of such proceedings, whether cur Oct ahciam bv the record, of cut-h agent-v or b% the public records Any facts, tights, interests, or claims which are not shown hut the public records hut which could be ascertained by in Inspection of the land or which maa be asserted by persons in possession thereof 3 F,ascrnents. liens or encun*rrances. or claims thereof. uvliiati are not sbewsu by the public records. -4 Dnicrurpancies, cunrullirts ill bvundary tines. shortage in area, encroachments, or an'. other facts which a correct survey would disclose, and which art not shows by the public records (a) Unputented mining clrms fbi reservations or exceptions it patents or in Acts authorizing the issuance thereof, (c-) water tights, ciammi or title to water, wiicthee cur not the manures excepted under (a) (b), or (o) are shown by the public records EXHIBIT A (CONTiNUED) AMERICAN LAND TITLE ASSOCIATION HOMEOWNERS' POLICY OF TITLE I1SURANCE FOR A ONE-TO-FOUR FAMILY RESIDENCE (10-17-98) EXCLUSIONS In addition to the Exceptions to lcbcdü1c B, you are not insured against loss. attorney's fees and expenses resulting from: Governmental police power, and the existence or siolation of any law or government regulation. Thid includes ordir.ariccs, laws and regulations concerning: (a) building th) zoning () land uses id) nr,rovemcnts on the land tel land di%-isir'c t,f) envimims.nLsl protection This Exclusion does not apply td violations or the enforcement of these mailers if notice ol' the violation or ettlorternent appears in thç Public Records at the Policy Date. This Escluskrn does riot limit the counge described in Covered Risk 14, 15. Ii,. 1 1 or 24 2 The failure of vote existing strLicl urea, or any part of them, to be constructed in accordance with applicable building codes This Exclusion does not apply to violations cif building codes if "ice of the violation appears in the Public Records Si the Policy Date. 3. The tight to take the land by condemning it, unless: (a) a notice of excersing the right appearsin the Public Records at the Policy Date; or (b) the taking happened herons the Policy Date and is binding on you if you bought the land without knowing of the taking. 4. Risks. (a) that are created. allowed, or agreed to by you, whether or not they appear in the Pulbic Records; (Ii) that are known to you at the Policy Date, but not to Us, unlcss they appear in the Public Records at the Policy Dale; (C) that result in no loss its you; or (d) that first occia' after The l'Otiry Elate - this does not limit the coverage descirbcd in Covered risk 7. 8.d. 22, 23 24 cr25 S. Failure tn pay value for your Title ti Lack ofaright. (a) to as land outside the area rpectiicaily dcscn'bcd and referred ID in paragraph 3 of Schedule A: and (b) in streets. ally , or wssvs that ImLlch the land. 7his Exclusion doc not limit the coverage described in Covered Risk it or 1$. RESIDENTIAL TITLE INSURANCE POLICY ONE-TO-FOUR FAMILY RESIDENCE ENHANCED VERSION (1997) EXCLUSIONS in addition to the Exceptions in SchefuIe B. you ate not intured seamst loss, anornc's feet and expenses resulting from. Governmental police power, and the existence or violation of any law or government rcgulatirin This Mchides building and zoning ordinances and also laws and regulations concerning-1, (s) land use (b) ripprovemeltic on the land (c) land divisions; or (d) environmental protection This Exclusion dries not appiy izi violations or the enforcement of these Inaltors which appear in the Public Records as the Policy Date. This Exclusion does not limit the coverage described in item 12c and 12i1. 13 and 15 of Covered Title Risks, 2. The tight to take the land by c.00cmntng it, unless: ta) a notice of ctccsnsing the igltt appears in the Public Record; on the PoIic Dalez or the taking happened prior to the Policy Date and is binding on you if you bought the land without kttowinp of the taking. Title Risks' (a) list are created, allowed, or agreed to by :.'u (h) that are known to you, but not to us, on the Policy Dale - unicas they appear in the Public Records; (c) that result inno loss lo you, or dj that first affect your title slIer the Policy Date - this does not limit the coverage descirbed in items 3h. S. 17 and 19 Covered title Risks. Failure to pay value for your Title Lack of a tight: (a) ID any land outside the area specifically described and referred to in Item 3 of Schedule A,' or in ceecot, alilre or walersvavs that touch your laud. This Exclusion does not limit the coverage dcscn'bed in Items Sand 12a of the Covered Title Risks, 09 I Kw Q p Al 7-50 AC- 9.00 AC SH > , CALLK CAMINov"-/., sr a i/2 5H1 SHtI 55—o3 r' 400' 1v'o1II A mm; P', 111, i OffirAmmm 01 miumvitucal 011111=1 mim ---U- ---U- ---U ---U ---U ---U— C -Trrtrr 1trTruIIIIII IJIII111 - CAL1 IN 1110 OF A INCH I 1-800-345-7334 1 Iur1 2 - 4 p Its I, ALVARO \ \ \ OLIVE tIH D. s' SHT I I I JI3 IENCE PURPOSES ONLY. NO LIABILITY z 1SAS3UMED FOR THE ACCURACY-OF TkE DATA - LOT 10 & KR LOTS 3.41 9 ° COMPLY WITH LOCAL SUBDIVISION OR BUILDING [14CES. t1L 0 •0