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HomeMy WebLinkAboutCUP 258A; La Costa Hotel & Spa; Conditional Use Permit (CUP)LAND U<tf[E PLANNING APPLICATION DISCRETICNARy ACTIONS REQUEST Ccnplete oescripticm of Project (attach additional sheets if necessary) The placement of a 40 square foot (8-X 5) monument identification sign Legal Description (conpletTT See attached. a Zone Change •General Plan Anwidment • Tentative Tract Map • Major Planned Unit Development • Master Plan • Major Redevelopment Permit •Minor Redevelopment Pennit • Precise Development Plan (check other boxes if appropriate) •Specific Plan •Site Development Plan •Conditional Use Pennit •Variance •Planning Conmission Detemination •Special Use Pennit {•Structure Relocation Olajor Condcminium Pennit •Coastal Permit (Portion of Redevelopment Area Only) for La Costa Hotel and Spa along the east side of El Camino Real approximately 12 0 feet north of the main entrance, 2one c-2 Proposed Zone N/A General Plan R-C Recreation Comm. Assessors Parcel Nunfcer 216-123-04 portion Owner Prc^osed General Plan N/A Existing Land Use~ Hotel Site Acreage 152.2 (exclu.qive of an1 f course) Name (Print or Type) La Costa Hotel and Spa Mailing Address 2100 Costa del Mar Road City and State zip Z Telephone Carlsbad, CA 92009 (619)438-9111 1 CERTIFY IHAT I AM IHE LEGAL O/iHER AND THAT ALL THE ABOVE INFORMATION IS TBSJE AND CORRECT TO IHE BEST OF W£ KNOWLEDGE. SIGNATURE USEi 2 Atyli^lon Rec'd i<mtljQn Rac'd RMeiwd By~ •Mi- Applicant Name (Print or Type) La Costa Hotel and Spa Mailing Address 2100 Costa del Mar Road City and State Zip Telephone Carlsbad. CA 92009 (619) 438-9111 I CERTIFY THAT I AM THE OWNER'S REPRESENTATIVE AND THAT ALL THE ABOVE INFORMATION IS TKJE MD aSBBECr TO THE BEST OF MY KNCIWI£DGE. SUf f AMigMT ''TD.cO cup ^l^fo03 /. SPECIFIC RMBIREMENTS ^ General Plan Amendment/Zone Change TT ;^plicatlon Form 2. One copy of General Requirement Items F-0 3. Reproducible 1:500 scale map of subject property showing requested zoning and surrounding zoning and land uses. 4. Pee: General Plan Amendment $765.00 + $5.00 per lot or acre, whichever is higher. Zone Change: $655.00 Master Plan/Specific Plan TT Application Form 2. General Requirement Items: - fifteen (15) copies of items B-D * - one copy of items E-S 3. Fee: Master Plan $1,635.00 + $5.00 per/acre Specific Plan $1,090.00 Master Plan Amendment: Major $545.00 + 5.00 acre Minor $185.00 2.00 acre Specific Plan Anendment: Major $440.00 Minor $ 75.00 Tentative Tract Map TT Application Form 2. General Requirement Items - fifteen (15) copies of item A * one copy of items E-S 3. Pee: $530.00 (1-25 lots or units) $765.00 (26-100 lots or units) $1,310.00 (100 + lots or units) Revision: $330.00 (1-25 units or lots) $545.00 (26-100 units or lots) $765.00 (100+ units or lots) $150.00 Revision that does not change design of subdivision Major Planned DeveloExnent (5 or more units) 1. Application Form 2. General Requirement Items: - fifteen (15) copies of items B-D * - one copy of items E-S 3. Conversion to Condominiums - list of names and addresses of all tenants of the project, proof of notification of the tenants 60 days prior to filing tentative map. ADDITIONAL FIFTEEN (15) COPIES TO BB SUBMITTED WHEN ISSUES AJkA ftBg6tVfiD AtCtiG wlllH PIMALIZBB ftEAC)A6LB ftfiDU(ifiD EXHTBITS (a 1/2" X irn DISCLOSORB FORM APPLICANT: La Costa Hotel and Spa• (General Partnership) Name (individual, partnership, joint venture, corporation, syndication) 2100 Costa del Mar Road, Carlsbad, California 92009 Business Address ~~" (619) 438-9111 Telephone Nunber AGENT: Paul Graham Name 2100 Costa del Mar Road, Carlsbad, California 92009 Business Address MEMBERS: (619) 438-9111 Telephone Nunber Allard Roen (Partner) NeBme (individu«LL, partner, joint Home Addriii venture, corporation, syndication) 2100 Costa del Mar Road. Carlsbad. California 92009 Business ^5dress (fi]9) 4-:iR-9in Telephone Number Telephone Nviitoer Merv Adelson (Partner) Name Eicme Address Lorimar Productions 10^02 West Washington Boulevard. Culver City. CA 90230 Business Address (213) 836-3000 Telephone Nunber Telephone Nunfcer (Attach more sheets if necessary) The aj^licajit is required to apply for Coastal Coamission Approval if located in the Coastal Xone. I/We declare under penedty of perjury that the infonnation contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. * APPLfCANT , BY • t Ag^t, Owner, Partner APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all appli- cants are required to complete this disclosure form at the time of submitting their application. When this form has been com- pleted and signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either gen- eral or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 shareholders or less) or a real estate syndication, then please indicate the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syndicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corpor- ation be a publicly held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. SUPPLEMENTAL INFORMATION FORM VARIANCE RE: APPLICATION FOR ADDITIONAL SIGNAGE-LA COSTA HOTEL AND SPA During the past two years while the hotel was under- going renovation and construction, several plan changes were made to the design of the main entrance off of El Camino Real, before a final decision was arrived at. Included in those changes was the signage which identified the hotel. Unfortunately, the sign was only oriented to the traveler driving South to North, as the majority of our guests, arriving by vehicle, use La Costa Avenue and then turn on to El Camino Real to reach the main en- trance . However, we have been receiving an increasing number of complaints from visitors, who use El Camino Real traveling from the North, that it is impossible to identify the main entrance - especially at night - until you are almost upon it. There is no other property in the area that the identifying sign would effect. It would not be a proliferation of signs. It would be compatible with adjacent properties, will not interfere with the safety of the traveling public, will not restrict any views and it is compatible with the design of the hotel. It will not be seen by the traveling public on El Camino Real driving from South to North. PAUL dRAHAM Vice President PG: jb OF CARtSBAt^ REC'D FROM. DATE. ACCOOirf NO. DESCRIPTION AMOUNT mo^a- L. 1 ^' i , ;„.ir..i» c I RECEIPT NO. 72803 iiiiiiUiaiiil TICOR TITLE mSURANCG TICOR TITLE INSURANCE COMPANY 925 "B" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081 PRELIMINARY REPORT MAY 20, 1987 TICOR TITLE INSURANCE COMPANY OF CALIFORNIA ATTN: ERNIE BOND 925 "B" STREET SAN DIEGO, CALIFORNIA 92101 YOUR REFERENCE: (NO REFERENCE GIVEN) OUR ORDER NO. : 1158107 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH ON EXHIBIT 'A' ATTACHED HERETO AND INCORPORATED HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT, {AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AT 7:30 A.M. AS OF MAY 15, 1987 TITLE OFFICER: dOHNJMOUNIER THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS; ( ) ALTA RESIDENTIAL TITLE INSURANCE POLICY - 1979 ( ) ALTA LOAN POLICY - 1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) ( ) CLTA STANDARD COVERAGE POLICY - 1973 (AMENDED 12-6-85 AND 2-20-86) { ) ALTA OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70) 1158107 PAGE TICOR TITLE USURANCE THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: LA COSTA HOTEL AND SPA, A CALIFORNIA GENERAL PARTNERSHIP AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR 1987-88 A LIEN NOT YET PAYABLE. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 2. THE RIGHTS OF THE PUBLIC TO USE ANY PORTION OF SAID LAND THAT LIES WITHIN LA COSTA AVENUE. 3. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES COUNTY OF SAN DIEGO PUBLIC ROAD FEBRUARY 28, 1950 IN BOOK 3518, PAGE 221 OF OFFICIAL RECORDS, RECORDER'S FILE NO. 23337 AFFECTS PORTION OF SAID LAND IN FAVOR OF FOR RECORDED SAID INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE. 4. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES COUNTY OF SAN DIEGO PUBLIC ROAD APRIL 7, 1954 IN BOOK 5198, PAGE 80 OF OFFICIAL RECORDS, RECORDER'S FILE NO. 45689 AFFECTS : ROAD SURVEY 682 IN FAVOR OF FOR RECORDED SAID INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION 1158107 PAGE 2 TICOR TITLE INSURANCE AND MAINTENANCE. 5. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR FOR RECORDED AFFECTS OF SAN DIEGO GAS & ELECTRIC COMPANY THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY INCLUDING GUYS, ANCHORAGE, CROSSARMS AND BRACES, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FROM SAID RIGHT OF WAY BY A PRACTICAL ROUTE OR ROUTES : APRIL 16, 1954 IN BOOK 5207, PAGE 158 OF OFFICIAL RECORDS 150 FOOT STRIP OF LAND 6. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR FOR RECORDED AFFECTS OF SAN DIEGO GAS & ELECTRIC COMPANY AN EASEMENT AND RIGHT OF WAY APRIL 16, 1954 IN BOOK 5207, PAGE 161 RECORDS, RECORDER'S FILE NO. 49841 100 FOOT STRIP OF LAND OF OFFICIAL 7. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR : THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND FOR TELEPHONE PURPOSES RECORDED : MAY 12, 1954 IN BOOK 5235, PAGE 133 OF OFFICIAL RECORDS AFFECTS : 100 FOOT STRIP OF LAND 8. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR FOR RECORDED AFFECTS OF : SAN DIEGO : A LINE OR AND WIRES THEREBY : OCTOBER 16 RECORDS 150 FOOT STRIP OF LAND GAS & ELECTRIC COMPANY, A CORPORATION INDEPENDENT LINE OF POLES AND/OR STEEL TOWERS, AND/OR CABLES SUSPENDED THEREON AND SUPPORTED 1956 IN BOOK 6301, PAGE 162 OF OFFICIAL NOTE: A RIGHT-OF-WAY USE AGREEMENT DATED MAY 20, 1982, BY AND BETWEEN SAN DIEGO GAS & ELECTRIC COMPANY, (GRANTOR), AND LA COSTA HOTEL AND SPA WAS RECORDED JUNE 10, 1982, RECORDER'S FILE NO. 82-178920. 9. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR FOR RECORDED AFFECTS OF LEUCADIA COUNTY WATER DISTRICT SEWER PIPE AUGUST 11, 1961, RECORDER'S FILE NO. 138157, SERIES 2 BOOK 1961 OF OFFICIAL RECORDS PORTION OF SAID LAND 10. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING 1158107 PAGE 3 TICOR TITLE INSURANCE SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CARLSBAD MUNICIPAL WATER DISTRICT FOR SEWER LINES AND PIPE LINES RECORDED FEBRUARY 27, 1962, RECORDER'S FILE NO. 33068, SERIES 3, BOOK 1962 OF OFFICIAL RECORDS AFFECTS A STRIP OF LAND 20 FEET WIDE NOTE: PORTION EASEMENT ELIMINATED BY DOCUMENT RECORDED MAY 7, 1968, RECORDER'S FILE NO. 76668. 11. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT FOR PIPE LINE OR PIPE LINES RECORDED : FEBRUARY 27, 1962, RECORDER'S FILE NO. 33069 AFFECTS PORTION SAID LAND PORTION EASEMENT ELIMINATED BY DOCUMENT RECORDER'S FILE NO. 73-023369. RECORDED JANUARY 26, 1973, 12. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR FOR RECORDED AFFECTS OF LEUCADIA COUNTY WATER DISTRICT CONSTRUCTION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SEWER PIPELINE AND THE RIGHT OF INGRESS AND EGRESS FOR SUCH PURPOSES MAY 29, 1962, RECORDER'S FILE NO. 91495, SERIES 3, BOOK 1962 OF OFFICIAL RECORDS A STRIP OF LAND 10 FEET WIDE 13. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR FOR RECORDED AFFECTS OF SAN DIEGO GAS & ELECTRIC COMPANY STEEL TOWERS JUNE 20, 1962, 150 FOOT STRIP RECORDER'S OF LAND FILE NO. 104913 14. A WAIVER AND RELEASE AGREEMENT BETWEEN RANCHO LA COSTA, INC., AND THE COUNTY OF SAN DIEGO WHEREIN RANCHO LA COSTA, INC., RELEASES THE COUNTY OF SAN DIEGO FROM ITS RESPONSIBILITIES TO MAINTAIN DRAINAGE DITCH AND STORM DRAIN OUTLETS, RECORDED APRIL 8, 1964 OF OFFICIAL RECORDS RECORDER'S FILE NO. 63487. 15. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY FOR : POLES, WIRES AND ANCHORS RECORDED JUNE 11, 1964, RECORDER'S FILE NO. 105863 AFFECTS PORTION SAID LAND 16. COVENANTS, RESTRICTIONS CONDITIONS AND RESTRICTIONS IN THE DECLARATION OF 1158107 PAGE TICOR TITLE ^SURANCE RECORDED NOVEMBER 19, 1964, RECORDER'S FILE NO. 211057 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. 17. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF FOR RECORDED AFFECTS COUNTY OF SAN DIEGO STORM DRAIN JANUARY 13, 1965, PORTION SAID LAND RECORDER'S FILE NO. 6647 18. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR FOR RECORDED AFFECTS OF COUNTY OF SAN DIEGO INGRESS AND EGRESS FEBRUARY 16, 1965, RECORDER'S FILE NO. 27698 WITHIN THE BOUNDARIES OF THE EXISTING GOLF COURSE OR GREENBELT AREAS 19. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS BY AND BETWEEN : RANCHO LA COSTA, INC., A CORPORATION, AND SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION REGARDING AN ELECTRIC EASEMENT RECORDED : FEBRUARY 17, 1965, RECORDER'S FILE NO. 28607 SAID MATTER AFFECTS: UNDERGROUND ELECTRICAL SYSTEM FOR LA COSTA COUNTRY CLUB 20. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : LEUCADIA COUNTY WATER DISTRICT, A POLITICAL SUBDIVISION FOR : A SEWER PIPE LINE, PUMPING STATION AND APPURTENANCES RECORDED : JULY 9, 1965, RECORDER'S FILE NO. 123282 AFFECTS : PORTION SAID LAND 21. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF COUNTY OF SAN DIEGO FOR PUBLIC ROAD RECORDED : FEBRUARY 17, 1966, RECORDER'S FILE NO. 28608 AFFECTS ROAD SURVEY 682 SAID INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE. 22. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY 1158107 PAGE TICOR TITLE INSURANCE FOR RECORDED AFFECTS POLES, WIRES AND ANCHORS JUNE 16, 1966, RECORDER'S FILE NO. 99315 LOTS 10 AND 14 OF SECTION 35, TOWNSHIP 12 SOUTH, WEST RANGE 4 SAID MATTER AFFECTS: UNDERGROUND ELECTRICAL SYSTEM FOR LA COSTA VALLEY CONSTRUCTION BUILDING AND SHOW RING 23. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES A CORPORATION OF ELECTRICITY AND FOR UNDERGROUND FACILITIES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, FOR THE TRANSMISSION AND DISTRIBUTION ALL PURPOSES CONNECTED THEREWITH, CONSISTING OF CONDUITS, PADS, MANHOLES, HANDHOLES AND JUNCTION BOXES WITH WIRES AND CABLES PLACED THEREIN AND ALL NECESSARY MISCELLANEOUS EQUIPMENT AND MATERIAL CONNECTED THEREWITH RECORDED : JULY 11, 1966, RECORDER'S FILE NO. 112556 AFFECTS : AS SHOWN ON EXHIBIT "A" ATTACHED TO SAID DOCUMENT, BEING UNDERGROUND FACILITIES FOR LA COSTA VALLEY COUNTRY CLUB AND COTTAGES 24. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR FOR RECORDED AFFECTS OF SAN DIEGO GAS & ELECTRIC COMPANY TRANSMISSION AND DISTRIBUTION OF GAS JULY 11, 1966, RECORDER'S FILE NO. 112557 AS SHOWN ON EXHIBIT A ATTACHED TO SAID DOCUMENT, BEING LINE FOR LA COSTA VALLEY COUNTRY CLUB AND COTTAGES GAS 25. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : COUNTY OF SAN DIEGO FOR STORM DRAIN RECORDED : SEPTEMBER 6, 1966, RECORDER'S FILE NO. 145066 AFFECTS PORTION SAID LAND 26. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : COUNTY OF SAN DIEGO FOR INGRESS AND EGRESS FOR REPAIRING AND MAINTENANCE OF DRAINAGE FACILITIES RECORDED : SEPTEMBER 30, 1966, RECORDER'S FILE NO. 158817 AFFECTS : WITHIN EXISTING BOUNDARIES OF GOLF COURSE AND GREEN BELT AREAS 27. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF FOR RECORDED SAN DIEGO GAS & ELECTRIC COMPANY TRANSMISSION AND DISTRIBUTION OF ELECTRICITY OCTOBER 27, 1966, RECORDER'S FILE NO. 172022 1158107 PAGE TICOR TITLE INSURANCE AFFECTS LOTS 5 AND 10, SECTION 35, TOWNSHIP 12 SOUTH, WEST - FACILITIES FOR LA COSTA LAUNDRY RANGE 4 28. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR FOR RECORDED AFFECTS OF SAN DIEGO GAS a ELECTRIC COMPANY TRANSMISSION AND DISTRIBUTION OF NOVEMBER 17, 1966, RECORDER'S UNDERGROUND ELECTRICAL SYSTEM AS ATTACHED TO SAID DOCUMENT ELECTRICITY FILE NO. 181876 SHOWN ON EXHIBIT "A" 29. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY FOR TRANSMISSION AND DISTRIBUTION OF GAS RECORDED : NOVEMBER 23, 1966, RECORDER'S FILE AFFECTS LOTS 5, 10, AND 14 IN SECTION 35 NO. 184937 30. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF LEUCADIA COUNTY WATER DISTRICT, A POLITICAL SUBDIVISION FOR SEWER PIPELINES RECORDED : JANUARY 26, 1968, RECORDER'S FILE NO. 14749 AFFECTS PORTION SAID LAND 31. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : LEUCADIA COUNTY WATER DISTRICT, A POLITICAL SUBDIVISION FOR INGRESS AND EGRESS AND FOR PUBLIC UTILITY AND SANITARY PURPOSES RECORDED : AUGUST 11, 1961, RECORDER'S FILE NO. 138156 AFFECTS PORTION LOT 9 IN SECTION 35 32. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY FOR POLES, WIRES AND ANCHORS RECORDED OCTOBER 17, 1961, RECORDER'S FILE NO. 180018 AFFECTS LOTS 14 AND 15 IN SECTION 34 33. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF LEUCADIA COUNTY WATER DISTRICT FOR : SEWER PIPE LINE OR PIPE LINES RECORDED : OCTOBER 8, 1963, RECORDER'S FILE NO. 179421 AFFECTS : 10' STRIP OF LAND IN LOT 9 OF SECTION 35 34. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS BY AND BETWEEN : RANCHO LA COSTA, INC., A NEVADA CORPORATION AND LA COSTA LAND COMPANY, AN ILLINOIS CORPORATION, AND ROBERT 1158107 PAGE TICOR TITLE ^SURANCE E. CANTWELL III AND MARIANNE CANTWELL, HUSBAND AND WIFE AS JOINT TENANTS REGARDING A LICENSE FOR PEDESTRIAN AND GOLF CART PURPOSES RECORDED APRIL 17, 1968, RECORDER'S FILE NO. 63823 SAID MATTER AFFECTS: A STRIP OF LAND 6.00 FEET IN WIDTH LYING WITHIN A STRIP OF LAND 250.00 FEET IN WIDTH IN PORTIONS OF SECTIONS 35 AND 36 IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. THE CENTER LINE OF SAID 250.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 228 OF LA COSTA VALLEY UNIT NO. 4, ACCORDING TO MAP THEREOF NO. 5781 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT NORTH 35^1'13" WEST 67.67 FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTER LINE; THENCE SOUTH 2M8'47" WEST 150.00 FEET; THENCE SOUTH 66*'48'47" WEST 708.00 FEET; THENCE SOUTH 25''48'47" WEST 150.00 FEET TO THE SOUTHWESTERLY TERMINUS OF SAID CENTER LINE. SAID 250.00 FOOT STRIP TO TERMINATE ON THE EAST IN THE WESTERLY AND SOUTHWESTERLY LINE OF SAID LOT 228 AND IN THE SOUTHEASTERLY PROLONGATION OF SAID SOUTHWESTERLY LINE OF LOT 228. 35. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES CARLSBAD MUNICIPAL WATER DISTRICT PIPE LINE MAY 8, 1968, RECORDER'S FILE NO. 76854 20 FOOT STRIP OF LAND IN NORTHWEST QUARTER OF SOUTHEAST QUARTER AND NORTH 1/2 OF SOUTHWEST 1/2 SECTION 25 IN FAVOR OF FOR RECORDED AFFECTS 36. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CARLSBAD MUNICIPAL WATER DISTRICT FOR : PIPE LINE RECORDED : MAY 8, 1968, RECORDER'S FILE NO. 76856 AFFECTS : 20 FOOT STRIP OF LAND IN NORTHWEST QUARTER OF SOUTHEAST QUARTER AND NORTH 1/2 OF SOUTHWEST QUARTER SECTION 36 37. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF FOR RECORDED AFFECTS COUNTY OF SAN DIEGO PUBLIC ROAD MAY 29, 1968, RECORDER'S FILE NO. 90112 ROAD SURVEY 1886, PORTIONS SECTION 35 AND 36 NOTE: PORTION OF SAID EASEMENT VACATED AS FOLLOWS: THOSE PORTIONS OF SECTIONS 35 AND 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS DESCRIBED IN EASEMENT TO THE COUNTY OF SAN DIEGO FOR ROAD SURVEY NO. 1886 OF SAID COUNTY, RECORDED MAY 29, 1968 AS DOCUMENT NO. 90112 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. 1158107 PAGE 8 TICOR TITLE ly^URANCE EXCEPT THAT PORTION LYING WITH LA COSTA AVENUE AS DEDICATED IN THE SUBDIVISION OF LA COSTA - SOUTH UNIT NO. 1, ACCORDING TO MAP THEREOF NO, 6117 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. BY DOCUMENT RECORDED AUGUST 21, 1970, RECORDER'S FILE NO. 150253. SAID INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE. 38. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF COUNTY OF SAN DIEGO FOR PUBLIC ROAD RECORDED : MAY 29, 1968, RECORDER'S FILE NO. 90113 AFFECTS : ROAD SURVEY 1796-66. PORTION SECTION 35 AND 36 SAID INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE. 39. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY FOR ROAD, INGRESS AND EGRESS AND PUBLIC UTILITY RECORDED : SEPTEMBER 11, 1968, RECORDER'S FILE NO. 156163 AFFECTS : A 20 FOOT STRIP IN SECTION 25 40. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR FOR RECORDED AFFECTS OF ELECTRICITY AND FOR UNDERGROUND FACILITIES AND JUNCTION BOXES WITH OF : SAN DIEGO GAS & ELECTRIC COMPANY THE TRANSMISSION AND DISTRIBUTION ALL PURPOSES CONNECTED THEREWITH, CONSISTING OF MANHOLES, HANDHOLES WIRES AND CABLES PLACED THEREIN AND ALL NECESSARY MISCELLANEOUS EQUIPMENT AND MATERIAL CONNECTED THEREWITH : NOVEMBER 12, 1968 RECORDER'S FILE NO. 198193 : AN 8 FOOT STRIP OF LAND IN PORTION LOT 14 IN SECTION 35 41. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION OF RESTRICTIONS RECORDED NOVEMBER 25, 1968, RECORDER'S FILE NO. 207883 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. 42. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : BIOS, INC., A CALIFORNIA CORPORATION FOR : SEWER 1158107 PAGE TICOR TITLE INSURANCE RECORDED AFFECTS DECEMBER 23, 1968, RECORDER'S FILE NO. 224061 A 5 FOOT STRIP OF LAND IN LOT 4 SECTION 35 TO BE APPURTENANT TO LOT 228 OF LA COSTA VALLEY NO. 43. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND FOR ALL PURPOSES CONNECTED THEREWITH, UNDERGROUND FACILITIES CONSISTING OF CONDUITS, PADS, MANHOLES, HANDHOLES AND JUNCTION BOXES WITH WIRES AND CABLES PLACED THEREIN AND ALL NECESSARY MISCELLANEOUS EQUIPMENT AND MATERIAL CONNECTED THEREWITH RECORDED DECEMBER 23, 1968, RECORDER'S FILE NO. 224807 AFFECTS PORTION OF LOT 10 SECTION 35 44. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR FOR RECORDED AFFECTS OF SAN DIEGO GAS & ELECTRIC COMPANY GAS PIPE LINES MARCH 20, 1969, RECORDER'S FILE NO. 49242 PORTION LOT 14 SECTION 35 45. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR FOR RECORDED AFFECTS OF CARLSBAD MUNICIPAL WATER DISTRICT PIPE LINE MARCH 21, 1969, RECORDER'S FILE NO. 49324 A 10 FOOT STRIP OF LAND IN PORTION NORTHEAST QUARTER SECTION 35 46. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS LA COSTA LAND COMPANY, AN ILLINOIS CORPORATION AND COUNTY OF SAN DIEGO WAIVER REGARDING DISCHARGE OF WATER AUGUST 6, 1969, RECORDER'S FILE NO. 143240 BY AND BETWEEN REGARDING RECORDED SAID MATTER AFFECTS: THE NORTH HALF OF THE SOUTHEAST QUARTER AND SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, EXCEPTING LA COSTA SOUTH UNIT NO. 1 ACCORDING TO MAP 6117. 47. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF LEUCADIA COUNTY WATER DISTRICT FOR SEWER PIPE LINE RECORDED : AUGUST 15, 1969, RECORDER'S FILE NO. 149041 AFFECTS : A 10 FOOT STRIP OF LAND 48. AN AGREEMENT PARTICULARS TO WHICH REFERENCE IS HEREBY MADE FOR FULL 1158107 PAGE 10 TICOR TITLE INSURANCE BY AND BETWEEN REGARDING RECORDED LEUCADIA COUNTY WATER DISTRICT AND LA COSTA LAND COMPANY, AN ILLINOIS CORPORATION LICENSE AGREEMENT FOR TENNIS COURTS OVER SEWER EASEMENT AUGUST 15, 1969, RECORDER'S FILE NO. 150150 49. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES A CORPORATION OF ELECTRICITY AND FOR UNDERGROUND FACILITIES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, FOR THE TRANSMISSION AND DISTRIBUTION ALL PURPOSES CONNECTED THEREWITH, CONSISTING OF CONDUITS, PADS, MANHOLES, HANDHOLES, AND JUNCTION BOXES WITH WIRES AND CABLES PLACED THEREIN AND ALL NECESSARY MISCELLANEOUS EQUIPMENT AND MATERIAL CONNECTED THEREWITH RECORDED AUGUST 28, 1969, RECORDER'S FILE NO. 158721 AFFECTS : AN 8 FOOT STRIP OF LAND, PORTION SECTION 25 50. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY FOR : POLES, WIRES AND ANCHORS RECORDED : AUGUST 28, 1969, RECORDER'S FILE NO. 158741 AFFECTS A 12 FOOT STRIP OF LAND IN SOUTHWEST QUARTER SECTION 25 51. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF LEUCADIA COUNTY WATER DISTRICT FOR PIPE LINE RECORDED SEPTEMBER 16, 1969, RECORDER'S FILE NO. 169171 AFFECTS PORTION OF SAID LAND 52. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF LEUCADIA COUNTY WATER DISTRICT FOR SEWER PIPE RECORDED OCTOBER 23, 1969, RECORDER'S FILE NO. 194576 AFFECTS A 10 FOOT STRIP OF LAND IN WEST 1/2 SECTION 36 53. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES A CORPORATION OF ELECTRICITY AND FOR UNDERGROUND FACILITIES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, FOR THE TRANSMISSION AND DISTRIBUTION ALL PURPOSES CONNECTED THEREWITH, CONSISTING OF CONDUITS, PADS, MANHOLES, HANDHOLES, AND JUNCTION BOXES WITH WIRES AND CABLES PLACED THEREIN AND ALL NECESSARY MISCELLANEOUS EQUIPMENT AND MATERIAL CONNECTED THEREWITH RECORDED NOVEMBER 10, 1969, RECORDER'S FILE NO. 206119 AFFECTS : A 10 FOOT STRIP OF LAND IN SECTION 35 54. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING 1158107 PAGE 11 TICOR TITLE INSURANCE SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : COUNTY OF SAN DIEGO FOR DRAINAGE CHANNELS RECORDED NOVEMBER 13, 1969, RECORDER'S FILE NO. 208551 AFFECTS PORTION OF LOT 9 SECTION 35 AND PORTION LOT 5 SECTION 35 55. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1 FOR DRAINAGE CHANNEL RECORDED : NOVEMBER 18, 1969, RECORDER'S FILE NO. 211764 AFFECTS PORTION OF SAID LAND 56. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : LEUCADIA COUNTY WATER DISTRICT FOR : SEWER PIPE RECORDED : DECEMBER 1, 1969, RECORDER'S FILE NO. 217921 AFFECTS : A 10 FOOT STRIP OF LAND IN SOUTHEAST QUARTER OF SECTION 36 57. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF LEUCADIA COUNTY WATER DISTRICT FOR : SEWER PIPE LINE RECORDED : DECEMBER 3, 1969, RECORDER'S FILE NO. 219701 AFFECTS : PORTION OF SAID LAND 58. THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT OF WAY GRANTED THEREIN WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT GRANTED TO : COUNTY OF SAN DIEGO RECORDED : DECEMBER 3, 1969, RECORDER'S FILE NO. 220242 SAID MATTER AFFECTS: ROAD SURVEY 1800-1 59. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : COUNTY OF SAN DIEGO FOR DRAINAGE CHANNEL RECORDED : DECEMBER 3, 1969, RECORDER'S FILE NO. 220242 AFFECTS : PORTION OF SAID LAND 60. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF FOR RECORDED AFFECTS CARLSBAD MUNICIPAL WATER DISTRICT PIPE LINE MARCH 4, 1970, RECORDER'S FILE NO. 38849 PORTION SOUTH 1/2 OF NORTHEAST QUARTER SECTION 36 1158107 PAGE 12 TICOR TITLE f^SURANCG 61. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : COUNTY OF SAN DIEGO FOR PUBLIC ROAD RECORDED : MARCH 5, 1970, RECORDER'S FILE NO. 40410 AFFECTS : ROAD SURVEY 2038 SAID INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE. 62. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF FOR RECORDED AFFECTS THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1 DRAINAGE CHANNEL MARCH 24, 1970, RECORDER'S FILE NO. 51747 PORTION NORTHEAST QUARTER OF SOUTHEAST QUARTER OF SECTION 36 63. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR FOR RECORDED AFFECTS OF THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1 DRAINAGE CHANNEL JUNE 18, 1970, RECORDER'S FILE NO. 106332 PORTION NORTHWEST QUARTER SECTION 36 64. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : COUNTY OF SAN DIEGO FOR : PUBLIC ROAD RECORDED JUNE 26, 1970, RECORDER'S FILE NO. 111896 AFFECTS : ROAD SURVEY NO. 1800-1. PORTION LOT 15 IN SECTION 35 SAID INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE. 65. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR FOR RECORDED AFFECTS OF LEUCADIA COUNTY WATER DISTRICT ACCESS ROAD AND SLOPES JULY 7, 1970, RECORDER'S FILE NO. 118117 PORTION SECTION 35 66. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CARLSBAD MUNICIPAL WATER DISTRICT FOR : PIPE LINE 1158107 PAGE 13 TICOR TITLE ^SURANCE RECORDED AFFECTS JULY 8, 1970, RECORDER'S FILE NO. 119260 PORTION SECTION 35 67. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF LEUCADIA COUNTY WATER DISTRICT FOR PIPE LINE RECORDED : JULY 13, 1970, RECORDER'S FILE NO. 121408 AFFECTS PORTION OF LAND ADJACENT TO LA COSTA SOUTH UNIT 5 68. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : LEUCADIA COUNTY WATER DISTRICT FOR : PIPE LINE RECORDED : AUGUST 25, 1970, RECORDER'S FILE NO. 152444 AFFECTS : A 10 FOOT STRIP IN EAST 1/2 OF SECTION 35 69. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION OF RESTRICT IONS RECORDED : AUGUST 19, 1970, RECORDER'S FILE NO. 148260 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY MODIFIED BY AN INSTRUMENT RECORDED SEPTEMBER 2, 1970, RECORDER'S FILE NO. 159552 70. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : COUNTY OF SAN DIEGO FOR : DRAINAGE CHANNELS RECORDED : MAY 14, 1971, RECORDER'S FILE NO. 100644 AFFECTS PORTION NORTHEAST QUARTER OF SOUTHEAST QUARTER SECTION 26 71. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF COUNTY OF SAN DIEGO FOR DRAINAGE CHANNELS RECORDED : JUNE 4, 1971, RECORDER'S FILE NO. 117673 AFFECTS PORTION SECTION 35 72. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF LEUCADIA COUNTY WATER DISTRICT FOR PIPE LINE RECORDED JUNE 7, 1971, RECORDER'S FILE NO. 118184 AFFECTS PORTION SOUTH 1/2 SECTION 25 AND NORTH 1/2 SECTION 36 1158107 PAGE 14 TICOR TITLE f^SURANCE 73. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : LEUCADIA COUNTY WATER DISTRICT FOR PIPE LINE RECORDED : FEBRUARY 4, 1972, RECORDER'S FILE NO. 27913 AFFECTS : PORTION LOTS 10, 14 AND 11 SECTION 35 74. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR FOR RECORDED AFFECTS OF SAN DIEGO GAS & ELECTRIC COMPANY POLES, WIRES AND ANCHORS MARCH 21, 1957 DOCUMENT NO. 42195 OF OFFICIAL RECORDS A 150' STRIP OF LAND IN BOOK 6504, PAGE 206 75. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : COUNTY OF SAN DIEGO FOR : PUBLIC ROAD RECORDED : NOVEMBER 13, 1969, RECORDER'S FILE NO. 208550 AFFECTS : ROAD SURVEY 1796-66 SAID INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE. 76. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF FOR RECORDED AFFECTS COUNTY OF SAN DIEGO PUBLIC HIGHWAY MAY 18, 1972, RECORDER'S FILE NO, EL CAMINO REAL - ROAD SURVEY 1796 125910 77. A LICENSE AGREEMENT BY AND BETWEEN LEUCADIA COUNTY WATER DISTRICT AND LA COSTA LAND COMPANY, AN ILLINOIS CORPORATION, RECORDED MAY 31, 1972, RECORDER'S FILE NO. 137509, REGARDING CHANGE THE GRADE AND CONSTRUCT TENNIS COURTS OVER A PORTION OF A DISTRICT SEWER EASEMENT WHICH CONTAINS SEWER FACILITIES. 78. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF FOR RECORDED SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY FOR ALL PURPOSES FOR WHICH IT MAY BE USED, UNDERGROUND FACILITIES CONSISTING OF CONDUITS, MANHOLES, HANDHOLES AND JUNCTION BOXES WITH WIRES AND CABLES PLACED THEREIN AND ABOVEGROUND STRUCTURES CONSISTING OF PADS, TRANSFORMERS AND OTHER APPURTENANCES NECESSARY FOR THE OPERATION OF SAID UNDERGROUND FACILITIES AND ALL MISCELLANEOUS EQUIPMENT AND MATERIAL CONNECTED THEREWITH SEPTEMBER 19, 1972, RECORDER'S FILE NO. 250710 1158107 PAGE 15 TICOR TITLE INSURANCE AFFECTS PORTION OF THE OF SECTION 35, NORTHWEST QUARTER OF THE SOUTHEAST QUARTER TOWNSHIP 12 SOUTH, RANGE 4 WEST. THE SAID EASEMENT AND RIGHT OF WAY IN THE AFOREDESCRIBED LANDS SHALL BE SIX FEET OR MORE IN WIDTH, BEING THREE FEET MEASURED AT RIGHT ANGLES, ON EACH SIDE OF EACH AND EVERY ELECTRIC UTILITY FACILITY INSTALLED WITHIN THE AFOREDESCRIBED LANDS ON OR BEFORE JUNE 29, 1973. GRANTEE MAY FROM TIME TO TIME AFTER SAID DATE INSTALL WITHIN THE EASEMENT AND RIGHT OF WAY ADDITIONAL ELECTRIC UTILITY FACILITIES. 79. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : LEUCADIA COUNTY WATER DISTRICT FOR SEWER PIPELINE RECORDED : SEPTEMBER 26, 1972, RECORDER'S FILE NO. 256756 AFFECTS PORTION OF LOT 9 IN SECTION 35 80. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF FOR RECORDED AFFECTS SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION THE TRANSMISSION AND DISTRIBUTION OF GAS AND FOR ALL PURPOSES CONNECTED THEREWITH, A LINE OR LINES OF PIPE, TOGETHER WITH ALL THE FIXTURES, EQUIPMENT AND APPURTENANCES NECESSARY OR CONVENIENT FOR THE OPERATION AND MAINTENANCE THEREOF SEPTEMBER 26, 1972, RECORDER'S FILE NO. 256957 PORTION OF SAID LAND 81. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR FOR RECORDED AFFECTS OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION A LINE OF PIPE AND ALL NECESSARY AND PROPER FIXTURES AND EQUIPMENT FOR USE IN CONNECTION THEREWITH, FOR THE TRANSMISSION AND DISTRIBUTION OF GAS FOR ALL PURPOSES FOR WHICH IT MAY BE USED : OCTOBER 2, 1972, RECORDER'S FILE NO. 264028 : PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST. THE SAID EASEMENT AND RIGHT OF WAY IN THE AFOREDESCRIBED LANDS SHALL BE SIX FEET OR MORE IN WIDTH, BEING THREE FEET MEASURED AT RIGHT ANGLES, ON EACH SIDE OF EACH AND EVERY GAS UTILITY FACILITY INSTALLED WITHIN THE AFOREDESCRIBED LANDS ON OR BEFORE JUNE 29, 1973. GRANTEE MAY FROM TIME TO TIME AFTER SAID DATE INSTALL WITHIN THE EASEMENT AND RIGHT OF WAY ADDITIONAL GAS UTILITY FACILITIES. 82. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF LEUCADIA COUNTY WATER DISTRICT FOR SEWER PIPELINE OR PIPELINES RECORDED : JANUARY 24, 1973, RECORDER'S FILE NO. 73-021341 AFFECTS : PORTION OF SAID LAND 1158107 PAGE 16 TICOR TITLE INSURANCE 83. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT FOR : A PIPELINE OR PIPELINES RECORDED : FEBRUARY 5, 1973, RECORDER'S FILE NO. 73-031956 AFFECTS PORTION OF SAID LAND ADJACENT TO ALGA ROAD 84. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY FOR ALL PURPOSES FOR WHICH IT MAY BE USED, UNDERGROUND FACILITIES CONSISTING OF CONDUITS, MANHOLES, HANDHOLES AND JUNCTION BOXES WITH WIRES AND CABLES PLACED THEREIN AND ABOVEGROUND STRUCTURES CONSISTING OF PADS, TRANSFORMERS, AND OTHER ABOVEGROUND STRUCTURES NECESSARY FOR THE OPERATION OF SAID UNDERGROUND FACILITIES AND ALL MISCELLANEOUS EQUIPMENT AND MATERIAL CONNECTED THEREWITH RECORDED : FEBRUARY 20, 1973, RECORDER'S FILE NO. 73-044092 AFFECTS : PORTION SAID LAND 85. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : LEUCADIA COUNTY WATER DISTRICT FOR : SEWER PIPELINE OR PIPELINES RECORDED : JUNE 20, 1973, RECORDER'S FILE NO. 73-168249 AFFECTS : PORTION OF SAID LAND 86. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CARLSBAD MUNICIPAL WATER DISTRICT FOR : A PIPELINE OR PIPELINES RECORDED : AUGUST 8, 1973, RECORDER'S FILE NO. 73-220063 AFFECTS : PORTION OF SAID LAND 87. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY FOR ALL PURPOSES FOR WHICH IT MAY BE USED, UNDERGROUND FACILITIES CONSISTING OF CONDUITS, MANHOLES, HANDHOLES AND JUNCTION BOXES WITH WIRES AND CABLES PLACED THEREIN AND ABOVEGROUND STRUCTURES CONSISTING OF PADS, TRANSFORMERS AND OTHER ABOVEGROUND STRUCTURES NECESSARY FOR THE OPERATION OF SAID UNDERGROUND FACILITIES AND ALL MISCELLANEOUS EQUIPMENT AND MATERIAL CONNECTED THEREWITH RECORDED : APRIL 26, 1973, RECORDER'S FILE NO. 73-110909 AFFECTS : LOT 9 OF SECTION 35 88. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES 1158107 PAGE 17 TICOR TITLE INSURANCE IN FAVOR OF FOR RECORDED AFFECTS CARLSBAD MUNICIPAL WATER DISTRICT A PIPELINE OR PIPELINES SEPTEMBER 7, 1973, RECORDER'S FILE NO. 73-252776 PORTION OF SAID LAND 89. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO FLOOD CONTROL DISTRICT ZONE 1 FOR INGRESS AND EGRESS RECORDED : SEPTEMBER 25, 1973, RECORDER'S FILE NO. 270063 AFFECTS : PORTION OF SAID LAND 90. AN EASEMENT. AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF; SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1 FOR : A DRAINAGE CHANNEL RECORDED SEPTEMBER 25, 1973, RECORDER'S FILE NO. 73-270064 AFFECTS PORTION OF SAID LAND 91. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : LEUCADIA COUNTY WATER DISTRICT FOR A SEWER PIPELINE OR PIPELINES RECORDED : SEPTEMBER 25, 1973, RECORDER'S FILE NO. 73-270151 AFFECTS : VARIOUS STRIPS OF LAND 92. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1 FOR INGRESS AND EGRESS ON AND ACROSS, AND ALONG THE HEREIN DESCRIBED REAL PROPERTY FOR PERSONNEL AND EQUIPMENT RECORDED : SEPTEMBER 25, 1973, RECORDER'S FILE NO. 73-270063 AFFECTS : PORTION OF SAID LAND 93. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF FOR RECORDED AFFECTS SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1 DRAINAGE CHANNEL SEPTEMBER 25, 1973, RECORDER'S FILE NO. 73-270064 VARIOUS STRIPS OF LAND 94. A WAIVER AND RELEASE BY AND BETWEEN LA COSTA LAND COMPANY AND SAN DIEGO.COUNTY FLOOD CONTROL DISTRICT, RECORDED SEPTEMBER 28, 1973, RECORDER'S FILE NO. 73-274894. SAID MATTER AFFECTS: CONSTRUCTION OF A DRAINAGE DITCH AND WAIVER OF DAMAGE FOR DISCHARGE OF WATER 95. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES 1158107 PAGE 18 TICOR TITLE ^SURANCE IN FAVOR OF FOR RECORDED AFFECTS THE CITY OF CARLSBAD ACCESS AND PUBLIC UTILITY NOVEMBER 7, 1973, RECORDER'S FILE NO. 73-311287 PORTION OF SAID LAND 96. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT EXECUTED BY LA COSTA LAND COMPANY RECORDED FEBRUARY 13, 1974, RECORDER'S FILE NO. 74-035505 RESTRICTIONS, IF ANY BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. SAID MATTER AFFECTS: PORTION OF SAID LAND 97. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR FOR RECORDED AFFECTS OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION ELECTRICAL SYSTEM JUNE 4, 1974, RECORDER'S FILE NO. 74-147403 HOTEL SPA ADDITION LA COSTA 98. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CARLSBAD MUNICIPAL WATER DISTRICT FOR : A PIPELINE OR PIPELINES RECORDED : JULY 11, 1974, RECORDER'S FILE NO. 74-185031 AFFECTS : ARENAL ROAD WATER MAIN EXTENSION 99. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR FOR RECORDED AFFECTS OF CARLSBAD MUNICIPAL WATER DISTRICT A PIPELINE OR PIPELINES JULY 11, 1974, RECORDER'S FILE NO. 74-185026 PORTION OF NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35 ADJACENT TO EL CAMINO REAL 100. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED BY AND BETWEEN : REGARDING RECORDED JULY 29, 1974 LA COSTA LAND COMPANY, AN ILLINOIS CORPORATION AND LEUCADIA COUNTY WATER DISTRICT, A PUBLIC AGENCY AGREEMENT TO RELOCATE EASEMENT AUGUST 19, 1974, RECORDER'S FILE NO. 74-224935 101. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : LEUCADIA COUNTY WATER DISTRICT FOR : A DRAINAGE PIPELINE AND APPURTENANCES RECORDED : AUGUST 19, 1974, RECORDER'S FILE NO. 74-224936 AFFECTS : PORTION OF SAID LAND 102. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING 1158107 PAGE 19 TICOR TITLE I^URANCE SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR ELECTRICAL SYSTEM RECORDED : SEPTEMBER 17, 1974, RECORDER'S FILE NO. 74-251086 AFFECTS LA COSTA SPA HOTEL LA COSTA 103. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CARLSBAD MUNICIPAL WATER DISTRICT FOR A PIPELINE OR PIPELINES RECORDED : OCTOBER 15, 1974, RECORDER'S FILE NO. 74-273988 AFFECTS PORTION OF SAID LAND 104. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR : UNDERGROUND CONDUITS, VAULTS, MANHOLES, HANDHOLES AND JUNCTION BOXES WITH WIRES AND CABLES PLACED THEREIN, AND NECESSARY ABOVEGROUND STRUCTURES, TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCES, FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND FOR ALL OTHER PURPOSES CONNECTED THEREWITH, AND ALSO FOR PIPELINE-S- FOR THE TRANSMISSION AND DISTRIBUTION OF GAS, TOGETHER WITH ALL NECESSARY AND PROPER FIXTURES AND EQUIPMENT FOR USE IN CONNECTION THEREWITH RECORDED : OCTOBER 29, 1974, RECORDER'S FILE NO. 74-287227 AFFECTS : PORTION OF SAID LAND 105. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES TELEPHONE AND TELEGRAPH COMPANY, A IN FAVOR OF FOR RECORDED AFFECTS THE PACIFIC CORPORATION UNDERGROUND COMMUNICATION STRUCTURES DECEMBER 31, 1974, RECORDER'S FILE NO. 74-337649 PORTION OF SECTION 26 ABUTTING LOTS 47 TO 56 INCLUSIVE OF LA COSTA VALLEY NO. 1 MAP 5434 AND ALSO ADJACENT TO LOT 57 MAP 5434 106. A LICENSE AGREEMENT BY AND BETWEEN LEUCADIA COUNTY WATER DISTRICT AND LA COSTA LAND COMPANY, AN ILLINOIS CORPORATION, RECORDED JANUARY 15, 1975, RECORDER'S FILE NO. 75-010209, REGARDING CHANGE THE GRADE AND CONSTRUCT TENNIS PRACTICE ALLEYS OVER A PORTION OF DISTRICT SEWER EASEMENTS WHICH CONTAIN SEWER FACILITIES. 107. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CARLSBAD MUNICIPAL WATER DISTRICT FOR : A PIPELINE OR PIPELINES RECORDED JANUARY 24, 1975, RECORDER'S FILE NO. 75-017337 AFFECTS PORTION OF SAID LAND 108. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING 1158107 PAGE 20 TICOR TITLE |||SURANCE SAID EASEMENT PURPOSES STATED IN FAVOR OF FOR RECORDED AFFECTS AFFECTING THE PORTION OF SAID LAND AND FOR THE HEREIN, AND INCIDENTAL PURPOSES CARLSBAD MUNICIPAL WATER DISTRICT A PIPELINE OR PIPELINES NOVEMBER 10, 1975, RECORDER'S FILE NO. 75-314413 PORTION OF SAID LAND 109. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : COUNTY OF SAN DIEGO FOR : HIGHWAY SLOPES RECORDED : MARCH 30, 1977, RECORDER'S FILE NO. 77-115973 AFFECTS : ROAD BRIDGE OVER PORTION OF SAID LAND 110. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION OF RESTRICT IONS RECORDED NOVEMBER 19, 1964, RECORDER'S FILE NO. 211058 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY MODIFIED BY AN INSTRUMENT EXECUTED BY RANCHO LA COSTA INC. RECORDED JULY 9, 1965, RECORDER'S FILE NO. 123019 SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY MODIFIED BY AN INSTRUMENT EXECUTED BY : RANCHO LA COSTA INC. RECORDED SEPTEMBER 30, 1965, RECORDER'S FILE NO. 178153 SAID MATTER AFFECTS: LOTS 45 AND 46, MAP 5434 111. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED BY AND BETWEEN : REGARDING RECORDED FEBRUARY 2, 1965 RANCHO LA COSTA, INC., A CORPORATION AND SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION INSTALLATION OF GAS AND ELECTRICAL FACILITIES FEBRUARY 5, 1965, RECORDER'S FILE NO. 21960 SAID MATTER AFFECTS: LOTS 45 AND 46, MAP 5434 112. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES TELEPHONE AND TELEGRAPH COMPANY, A IN FAVOR OF FOR RECORDED AFFECTS THE PACIFIC CORPORATION UNDERGROUND DECEMBER 31, COMMUNICATION STRUCTURES 1974, RECORDER'S FILE NO. 74-337648 THE SOUTHERLY 25.45 FEET OF THE WESTERLY 15 FEET OF SAID 1158107 PAGE 21 TICOR TITLE INSURANCE LOT 45 OF MAP 5434 113. A LICENSE AGREEMENT BY AND BETWEEN LEUCADIA COUNTY WATER DISTRICT AND RANDOLPH H. AND ALICE S. NOBLE, RECORDED JULY 24, 1980, RECORDER'S FILE NO. 80-232573. SAID MATTER AFFECTS: EASEMENT RECORDED DECEMBER 1, 1969, AS RECORDER'S FILE NO. 217921 114. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES A CORPORATION OF CONDUITS, MANHOLES, WIRES AND CABLES PLACED IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, FOR : UNDERGROUND FACILITIES CONSISTING HANDHOLES AND JUNCTION BOXES WITH THEREIN AND ABOVEGROUND STRUCTURES, CONSISTING OF PADS, TRANSFORMERS AND OTHER ABOVEGROUND STRUCTURES NECESSARY FOR THE OPERATION OF SAID UNDERGROUND FACILITIES RECORDED DECEMBER 3, 1979, RECORDER'S FILE NO. 79-507143 AFFECTS : AN 8 FOOT STRIP OF LAND IN THE NORTHEAST QUARTER OF SECTION 35 115. A LICENSE AGREEMENT BY AND BETWEEN LEUCADIA COUNTY WATER DISTRICT AND HARRY J. AND MARIE L. FRIES, RECORDED JANUARY 9, 1981, RECORDER'S FILE NO. 81-008367. SAID MATTER EASEMENT AFFECTS: RECORDED OCTOBER 23 1969, RECORDER'S FILE NO. 194576 116. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, UNDERGROUND FACILITIES AND ABOVEGROUND STRUCTURES RECORDED : AUGUST 7, 1980, RECORDER'S FILE NO. 80-250810 AFFECTS LA COSTA LAUNDRY 117. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF FOR RECORDED AFFECTS LA COSTA GREEN, A GENERAL PARTNERSHIP SEWER LATERAL MARCH 24, 1982, RECORDER'S FILE NO. 82-079855 PORTION OF SAID LAND 118. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR FOR RECORDED AFFECTS OF PACIFIC BELL, A CALIFORNIA CORPORATION UNDERGROUND COMMUNICATION FACILITIES APRIL 6, 1984, RECORDER'S FILE NO. 84-126741 PORTION OF SAID LAND ADJACENT TO LOT 180 OF LA COSTA VALLEY UNIT NO. 4 MAP 5781 119. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE 1158107 PAGE 22 TICOR TITLE INSURANCE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF FOR RECORDED AFFECTS THEODORE ARONEY DRAINAGE STRUCTURES AND PIPELINES AUGUST 10, 1984, RECORDER'S FILE NO. 84-304383 AS FOLLOWS: PARCEL NO. 84-0252-A A STRIP OF LAND 10.00 FEET IN WIDTH LYING WITHIN SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE NORTHEASTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING ON THE SOUTHWEST CORNER OF PARCEL 3 OF PARCEL MAP NO. 11722 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 9, 1981; THENCE SOUTH 76°01'37" EAST, 69.24 FEET ALONG THE SOUTHERLY LINE OF SAID PARCEL 3 TO A POINT IN THE ARC OF A NON-TANGENT 95.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 47°42'43" WEST, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29*17'49" A DISTANCE OF 48.58 FEET TO THE BEGINNING OF A TANGENT REVERSE 105.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4r20'56" A DISTANCE OF 75.78 FEET; THENCE TANGENT TO SAID CURVE SOUTH 30** 14'10" EAST, 147.44 FEET TO A TANGENT 95.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°48'36", A DISTANCE OF 37.82 FEET; THENCE TANGENT TO SAID CURVE SOUTH 53''02'46" EAST, 27.78 FEET TO THE POINT OF TERMINUS. PARCEL NO. 84-0252-B ALL THAT PORTION OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID PORTION BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHEAST CORNER OF PARCEL 3 OF PARCEL MAP NO. 11722 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 9, 1981; THENCE NORTH 88°08'28" WEST, 131.57 FEET ALONG THE SOUTHERLY LINE OF SAID PARCEL 3 TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88*08'28" WEST, 62.01 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 68*'04'56" WEST, 15.00 FEET; THENCE SOUTH 21°55'04" EAST, 25.00 FEET; THENCE NORTH 68*04'56" EAST, 71.75 FEET TO THE TRUE POINT OF BEGINNING. 120. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS JULY 23, 1984 LA COSTA HOTEL AND SPA AND THE CITY OF CARLSBAD PAYMENT OF A PUBLIC FACILITIES FEE SEPTEMBER 28, 1984, RECORDER'S FILE NO. 84-369942 DATED BY AND BETWEEN REGARDING RECORDED SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES THIS AGREEMENT SHALL BE RECORDED BUT SHALL NOT CREATE A LIEN OR 1158107 PAGE 23 TICOR TITLE ^SURANCE SECURITY INTEREST ON THE PROPERTY. 121. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : COSTA REAL MUNICIPAL WATER DISTRICT FOR : A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES, TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCES, INCLUDING BUT NOT LIMITED TO, CONDUITS AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES RECORDED : OCTOBER 8, 1984, RECORDER'S FILE NO. 84-380189 AFFECTS : AS FOLLOWS: PARCEL X A 20.00-FOOT STRIP OF LAND LYING 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE CENTER LINE AND ANGLE POINT IN THAT CERTAIN EASEMENT RECORDED OCTOBER 15, 1974, AS FILE/PAGE 74-273988 FORMED BY THE INTERSECTION BETWEEN NORTH 77°58'44" EAST WITH NORTH 70*'12'58" WEST PER SAID EASEMENT; THENCE ALONG SAID CENTER LINE NORTH 70'*12'58" WEST 59.00 FEET; THENCE CONTINUING SOUTH 19*47'02" WEST 25.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG CENTER LINE OF 20.00-FOOT STRIP OF LAND SOUTH 19°47'02" WEST 33.00 FEET TO THE POINT OF TERMINATION. THE SIDELINES SHALL BEGIN AT RIGHT ANGLES AND PASS THROUGH THE TRUE POINT OF BEGINNING AND END AT RIGHT ANGLES AND PASS THROUGH THE POINT OF TERMINATION. PARCEL Y A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT AN ANGLE POINT ON THE CENTER LINE OF PARCEL B OF THAT CERTAIN EASEMENT RECORDED OCTOBER 15, 1974, AS FILE PAGE 74-273988, SAID ANGLE POINT FORMED BY THE COURSES SOUTH 09**58'18" EAST AND SOUTH 38°00'42" EAST; THENCE LEAVING SAID ANGLE POINT ALONG SAID CENTER LINE SOUTH 38°00'42" EAST 91.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG CENTER LINE OF 10.00-FOOT STRIP OF LAND NORTH 46*'30'31" EAST 4.48 FEET; THENCE NORTH 24°56'39" WEST 17.72 FEET; THENCE NORTH 19°55'42" EAST 42.62 FEET; THENCE SOUTH 68M8'41" EAST 28.13 FEET; THENCE NORTH 20°47'40" EAST 13.00 FEET TO THE POINT OF TERMINATION. THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED OR SHORTENED TO MEET AT ANGLE POINTS AND SHALL BEGIN ON THE NORTHEASTERLY SIDELINE OF SAID EXISTING EASEMENT AND END AT RIGHT ANGLES THROUGH THE POINT OF TERMINATION. 122. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR : 1. UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY. 1158107 PAGE 24 TICOR TITLE INSURANCE RECORDED AFFECTS 2. PIPELINES AND APPURTENANCES FOR ANY AND ALL PURPOSES, 3. COMMUNICATION FACILITIES, AND APPURTENANCES. JUNE 18, 1985, RECORDER'S FILE NO. 85-216657 AS FOLLOWS: A STRIP OF LAND, INCLUDING ALL OF THE AREA LYING BETWEEN THE EXTERIOR SIDELINES, WHICH SIDELINES SHALL BE THREE (3) FEET, MEASURED AT RIGHT ANGLES, ON EACH EXTERIOR SIDE OF EACH AND EVERY FACILITY INSTALLED, THE APPROXIMATE LOCATION BEING SHOWN ON EXHIBIT "A", ATTACHED THERETO AND MADE A PART THEREOF. 123. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF LA BRETECHE, LTD., A CALIFORNIA LIMITED PARTNERSHIP FOR SEWER RECORDED JUNE 26, 1985, RECORDER'S FILE NO. 85-228680 AFFECTS : AS FOLLOWS: A STRIP OF LAND 10.00 FEET IN WIDTH LYING WITHIN SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 55 OF MAP NO. 6117, BEING DISTANT THEREON NORTH 0*'03'46" WEST, 190.00 FEET FROM THE SOUTHEAST CORNER OF SAID LOT; THENCE SOUTH 89*'56'14" WEST, 94.24 FEET TO THE TRUE POINT OF BEGINNING. THENCE NORTH 0°03'46" WEST, 51.94 FEET TO THE END OF THIS EASEMENT. 124. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : PACIFIC BELL FOR : UNDERGROUND COMMUNICATION FACILITIES RECORDED JULY 31, 1985, RECORDER'S FILE NO. 85-273499 AFFECTS A STRIP OF LAND FIVE (5.00) FEET IN WIDTH IN SAID PROPERTY, THE CENTER LINE OF WHICH IS SHOWN ON EXHIBIT "A", ATTACHED THERETO AND MADE A PART THEREOF. 125. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF FOR RECORDED AFFECTS 367 JEREZ COMPANY, A CALIFORNIA GENERAL PARTNERSHIP AND FAIRBROOK VILLAS HOMEOWNERS ASSOCIATION HEATERS, PUMPS, BLOWERS, FILTERS, AND APPURTENANCES, GAS LINES, ELECTRIC LINES, WATER LINES, AND CONTROL LINES RUNNING BETWEEN THE SPA EQUIPMENT AND EXISTING CONNECTIONS, CONCRETE PADS AND RETAINING WALLS TO CREATE EQUIPMENT PADS FOR SAID SPA EQUIPMENT, LANDSCAPING AND IRRIGATION SYSTEM AUGUST 26, 1985, RECORDER'S FILE NO. 85-308763 AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 367 OF LA COSTA 1158107 PAGE 25 TICOR TITLE INSURANCE SOUTH UNIT NO. 5, ACCORDING TO MAP THEREOF NO. 6600, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 10, 1970; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 367 SOUTH 50-27-39 EAST 230.00 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE NORTH 39-32-21 EAST, 19.41 FEET; THENCE NORTH 39-00-00 WEST, 33.30 FEET; THENCE NORTH 62*00-00 WEST, 34.30 FEET; THENCE NORTH 47-20-00 WEST, 68.30 FEET; THENCE NORTH 51-20-00 WEST, 65.50 FEET; THENCE NORTH 46-50-00 WEST, 32.45 FEET; THENCE SOUTH 34-01-00 WEST, 24.06 FEET TO THE POINT OF BEGINNING. 126. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF FOR RECORDED AFFECTS IMPERIAL BANK, A CALIFORNIA CORPORATION AND ALTA VERDE CONDOMINIUMS HOMEOWNERS ASSOCIATION LANDSCAPING AND CONCRETE WALKWAYS IN CONJUNCTION WITH ITS CONDOMINIUM DEVELOPMENT KNOWN AS ALTA VERDE CONDOMINIUMS JANUARY 3, 1986, RECORDER'S FILE NO. 86-002482 A PARCEL OF LAND BEING A PORTION OF SECTION 36 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT OFFICE OF THE TRUE POINT OF PROLONGATION THENCE SOUTH POINT ON THE THENCE SOUTH CORNER OF SAI FEET; THENCE OF BEGINNING. THE NORTHWEST CORNER OF LOT 1 OF MAP NO. 9530 COUNTY RECORDER OF SAN DIEGO COUNTY, SAID POI BEGINNING; THENCE NORTH 12*12'00" EAST ALONG OF THE WESTERLY LINE OF SAID LOT 1 A DISTANCE 77*4r57" EAST A DISTANCE OF 107.13 FEET MORE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF BY 00*45'13" WEST, A DISTANCE OF 5 FEET TO THE D LOT 1; THENCE NORTH 84*5'18" WEST A DISTANCE NORTH 77*48'00" WEST A DISTANCE OF 37 FEET TO FILED IN THE NT BEING THE THE NORTHERLY OF 20 FEET; OR LESS TO A SAID LOT 1; NORTHEAST OF 134.50 THE TRUE POINT 127. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION FOR : ALL ABUTTER'S RIGHTS OF ACCESS APPURTENANT TO THE LAND ABUTTING THE EASTERLY RIGHT-OF-WAY LINE OF EL CAMINO REAL AND THE NORTHERLY RIGHT-OF-WAY LINE OF LA COSTA AVENUE RECORDED : JANUARY 15, 1986, RECORDER'S FILE NO. 86-017550 AFFECTS : AS SHOWN ON PLAT ATTACHED TO SAID DOCUMENT. 128. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF FOR RECORDED AFFECTS THIRD LA COSTA CONDOMINIUM OWNERS ASSOCIATION, A CALIFORNIA CORPORATION AND FOURTH LA COSTA CONDOMINIUM OWNERS ASSOCIATION, A CALIFORNIA CORPORATION INGRESS AND EGRESS FOR DRIVEWAY PURPOSES AUGUST 22, 1986, RECORDER'S FILE NO. 86-364534 A 40 FOOT STRIP OF LAND ADJACENT TO SAID CONDOMINIUMS (SHOWN AS PROPOSED ACCESS EASEMENT ON SURVEY) 129. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE 1158107 PAGE 26 TICOR TITLE I^URANCE AMOUNT STATED HEREIN DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY SEPTEMBER 2, 1986 LA COSTA HOTEL & SPA TICOR TITLE INSURANCE COMPANY OF CALIFORNIA SECURITY PACIFIC NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, AS TRUSTEE UNDER THE DECLARATION OF TRUST, PAYING AGENT AND PARTICIPATION AGREEMENT SEPTEMBER 15, 1986, RECORDER'S FILE NO. 86-404610 SAID MATTER AFFECTS THIS AND OTHER PROPERTY 130. A FINANCING STATEMENT FILED OF SAN DIEGO COUNTY, SHOWING IN THE OFFICE OF THE COUNTY RECORDER DEBTOR SECURED PARTY RECORDED PROPERTY COVERED LA COSTA HOTEL & SPA, A CALIFORNIA GENERAL PARTNERSHIP SECURITY PACIFIC NATIONAL BANK SEPTEMBER 15, 1986, RECORDER'S FILE NO. 86-404611 ALL OF SAID LAND 131. A SECOND DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING DATED TRUSTOR TRUSTEE BENEFICIARY RECORDED INSTRUMENT NO. SEPTEMBER 2, 1986 LA COSTA HOTEL & SPA TICOR TITLE INSURANCE COMPANY OF CALIFORNIA DREXEL BURNHAM LAMBERT MRP, INC. SEPTEMBER 15, 1986 86-404612 SAID DEED OF TRUST MATTER REFERRED TO AN INSTRUMENT DATED EXECUTED BY : RECORDED SUBORDINATED TO RECORDED HAS BEEN SUBORDINATED TO THE SUBJECT IN THIS PARAGRAPH, BY THE PROVISIONS OF SEPTEMBER 10, 1986 LA COSTA HOTEL & SPA, A CALIFORNIA GENERAL PARTNERSHIP AND DREXEL BURNHAM LAMBERT MRP, INC. SEPTEMBER 15, 1986, RECORDER'S FILE NO. 86-404614 DEED OF TRUST SEPTEMBER 15, 1986, RECORDER'S FILE NO. 86-404610 132. A FINANCING STATEMENT FILED OF SAN DIEGO COUNTY, SHOWING IN THE OFFICE OF THE COUNTY RECORDER DEBTOR SECURED PARTY RECORDED PROPERTY COVERED LA COSTA HOTEL & SPA, A CALIFORNIA GENERAL PARTNERSHIP DREXEL BURNHAM LAMBERT MRP, INC. SEPTEMBER 15, 1986, RECORDER'S FILE NO. 86-404613 ALL OF SAID LAND 133. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : BY AND BETWEEN : REGARDING : RECORDED 134. THE FACT THAT RECORDER'S FILE NO. LAND WITH A PORTION HEREIN. SEPTEMBER 30, 1986 SAN DIEGO GAS & ELECTRIC COMPANY, AND LA COSTA HOTEL AND SPA, A CALIFORNIA PARTNERSHIP RIGHT-OF-WAY USE AGREEMENT OCTOBER 7, 1986, RECORDER'S FILE NO. 86-449867 CERTIFIED OF COMPLIANCE RECORDED MAY 4, 1987, 87-242043 INCLUDES A PORTION OF THE HEREIN DESCRIBED OF THE LAND EXCEPTED FROM THE LEGAL DESCRIPTION 1158107 PAGE 27 TICOR TITLE INSURANCE NOTE: THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR RECORDING CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A "PRELIMINARY CHANGE OF OWNERSHIP REPORT." IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WILL NOT CHARGE AN EXTRA FEE IF THE DOCUMENT IS ACCOMPANIED BY AN AFFIDAVIT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. OUR TITLE BILLING WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE. 1158107 PAGE 28 TICOR TITLE I ySURANCE THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: A PARCEL OF LAND BEING A PORTION OF SECTION 26 AND SECTION 35 BOTH IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 10 OF LA COSTA GREENS ACCORDING TO MAP THEREOF NO. 6708, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT 10 AND THE WESTERLY BOUNDARY LINE OF SAID MAP NO. 6708 NORTH 12*12'00" EAST 204.77 FEET; THENCE, LEAVING SAID BOUNDARY LINES NORTH 89*01'27" WEST 533.50 FEET; THENCE, NORTH 43*01'27" WEST 479.25 FEET; THENCE. SOUTH 57*35'48" WEST, 310.84 FEET; THENCE, NORTH 32*24'12" WEST 428.28 FEET; THENCE, NORTH 57*35'48" EAST 78.43 FEET; THENCE, NORTH 18*01'27" WEST 87.98 FEET; THENCE, NORTH 48*01'27" WEST 30.00 FEET; THENCE, NORTH 58*24'19" EAST 132.00 FEET; THENCE, NORTH 13*39'19" EAST 42.61 FEET; THENCE, NORTH 58*24'19" EAST 77.48 FEET; THENCE, SOUTH 31*35'41" EAST 108.00 FEET; THENCE, NORTH 58*24'19" EAST 325.00 FEET; THENCE, SOUTH 31*35'41" EAST 161.60 FEET; THENCE NORTH 62*58'33" EAST 123.83 FEET; THENCE, NORTH 16*58'33" EAST 246.99 FEET; THENCE, NORTH 07*0r27" WEST 294.00 FEET; THENCE, NORTH 00*58'33" EAST 296.00 FEET; THENCE, NORTH 06*0r27" WEST 668.01 FEET; THENCE, NORTH 20*58'33" EAST 262.99 FEET; THENCE, NORTH 51*58'33" EAST 71.49 FEET TO AN ANGLE POINT ON THE SOUTHEASTERLY BOUNDARY LINE OF LA COSTA VALLEY UNIT NO. 3 ACCORDING TO MAP THEREOF NO. 5734 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID POINT BEING ON THE ARC OF A 320.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY A RADIAL BEARING TO SAID POINT BEARS NORTH 19*4r27" WEST; THENCE, ALONG SAID SOUTHEASTERLY BOUNDARY LINE THE FOLLOWING COURSES: SOUTHWESTERLY ALONG THE ARC OF SAID 320.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 20*03'18" A DISTANCE OF 112.01 FEET; THENCE TANGENT TO SAID CURVE SOUTH 50*15'15" WEST 382.55 FEET TO THE BEGINNING OF A TANGENT 708.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10*4r04" A DISTANCE OF 132.03 FEET; THENCE, SOUTH 77*45'43" WEST 20.51 FEET; THENCE, SOUTH 60*07'09" WEST 37.00 FEET TO THE MOST SOUTHERLY ANGLE POINT OF SAID MAP NO. 5734 SAID POINT BEING ON THE ARC OF A CUL-DE-SAC OF ARENAL ROAD AS SHOWN ON LA COSTA VALLEY UNIT NO. 2 MAP NO. 5486 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE LEAVING SAID SOUTHEASTERLY LINE OF MAP NO. 5734 NORTH 70*17'18" WEST 48.00 FEET TO A POINT ON THE CENTER LINE OF ARENAL ROAD AS SHOWN ON SAID MAP NO. 5486 SAID POINT BEING ON THE ARC OF A 720.00 FOOT RADIUS CURVE. CONCAVE NORTHERLY A RADIAL LINE TO SAID POINT BEARS SOUTH 19*14'27" EAST; THENCE, WESTERLY ALONG SAID CENTER LINE AS SHOWN ON MAP NO. 5486 AND LA COSTA VALLEY UNIT NO. 1 MAP NO. 5434 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THROUGH AN ANGLE OF 39*14'42" A DISTANCE OF 493.17 FEET; THENCE, TANGENT AND CONTINUING ALONG SAID CENTER LINE NORTH 69°59'45" WEST 112.81 FEET TO A POINT ON THE CENTER LINE OF EL CAMINO REAL ROAD SURVEY NO. 682 ON FILE IN THE OFFICE OF THE COUNTY ENGINEER; THENCE, ALONG THE CENTER LINE OF SAID EL CAMINO REAL THE FOLLOWING COURSES: SOUTH 20*00'15" WEST 1261.45 FEET TO THE BEGINNING OF A TANGENT 1500 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°49'05" A DISTANCE OF 754.45 FEET; THENCE, TANGENT TO SAID CURVE SOUTH 08*48'50" EAST 989.06 FEET TO THE 1158107 PAGE 29 TICOR TITLE INSURANCE BEGINNING OF A 3400.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°33'04" A DISTANCE OF 448.09 FEET TO THE INTERSECTION OF THE CENTER LINE OF LA COSTA AVENUE AS SHOWN ON PARCEL MAP NO. 10283 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY A RADIAL LINE TO THE ABOVE MENTIONED INTERSECTION BEARS SOUTH 73°38'06" WEST; THENCE LEAVING SAID CENTER LINE OF EL CAMINO REAL AND ALONG THE CENTER LINE OF LA COSTA AVENUE THE FOLLOWING COURSES: NORTH 84°45'43" EAST 544.19 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE, EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46*59'16" A DISTANCE OF 410.04 FEET; THENCE, TANGENT TO SAID CURVE NORTH 37*46'27" EAST 413.49 FEET TO THE BEGINNING OF A TANGENT 700.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE, EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64°25'33" A DISTANCE OF 787.11 FEET; THENCE TANGENT TO SAID CURVE SOUTH 77*48'00" EAST 40.80 FEET; TO THE SOUTHERLY PROLONGATION OF SAID WESTERLY LINE OF LOT 10 OF MAP NO. 6708, THENCE, LEAVING SAID CENTER LINE OF LA COSTA AVENUE NORTH 12*12'00" EAST 42.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF EL CAMINO REAL PER ROAD SURVEY NO. 682 AND ROAD SURVEY NO. 1800-1 AND VARIOUS DEEDS OF RECORD THAT LIES WITHIN THE ABOVE DESCRIBED PARCEL. ALSO EXCEPTING THEREFROM THE LEUCADIA COUNTY WATER DISTRICT SEWAGE TREATMENT PLANT SITE AS DESCRIBED IN DEED RECORDED AUGUST 11, 1961, AS DOCUMENT NO. 138155 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN LA COSTA VALLEY, UNIT NO. 1, PER MAP NO. 5434; LA COSTA VALLEY, UNIT NO. 2, PER MAP NO. 5486; LA COSTA CONDOMINIUM UNIT NO. 3 PER MAP NO. 6129 AND LA COSTA CONDOMINIUM UNIT NO. 4, PER MAP NO. 6520 ALL ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THAT CERTAIN LEASE TO ATLANTIC RICHFIELD COMPANY, RECORDED MAY 26, 1966, AS DOCUMENT NO. 87636 OF OFFICIAL RECORDS. ALSO EXCEPTING THAT PORTION LYING WITHIN PARCEL A DESCRIBED BELOW: PARCEL A A PARCEL OF LAND BEING A PORTION OF LOT 14 IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST. SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, AND LOT 3 OF LA COSTA CONDOMINIUM NO. 4, AS SHOWN ON MAP NO. 6520, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ALL IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF COSTA DEL MAR ROAD AS SHOWN ON MAP NO. 6520, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT 3 OF SAID MAP 6520 AND ON THE ARC OF A 801.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 18*57'04" EAST; THENCE, EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°36'39" A DISTANCE OF 274.16 FEET; THENCE, SOUTH 3r34'14" EAST 89.00 FEET; THENCE SOUTH 65*31'08" EAST 72.33 FEET; THENCE, SOUTH 31*34'14" EAST 156.00 FEET; THENCE, SOUTH 58°25'46" WEST 352.62 FEET TO A POINT IN 1158107 PAGE 30 TICOR TITLE INSURANCE THE EASTERLY LINE OF A 150.00 FOOT SAN DIEGO GAS & ELECTRIC COMPANY EASEMENT, RECORDED OCTOBER 16, 1956, DOCUMENT NO. 145345, BOOK 6301, PAGE 162, OFFICIAL RECORDS; THENCE, SOUTH 75*59'14" WEST 152.53 FEET TO A POINT ON THE WESTERLY LINE OF SAID 150.00 FOOT EASEMENT; THENCE, ALONG SAID WESTERLY LINE NORTH 24*27'2r' WEST 243.40 FEET; THENCE, LEAVING SAID WESTERLY LINE NORTH 29*02'39" EAST 100.20 FEET TO A POINT ON THE RIGHT OF WAY LINE OF SAID COSTA DEL MAR ROAD, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 801.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 13*55'57" EAST; THENCE, EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 5*01'07" A DISTANCE OF 70.16 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING FROM PARCEL 1 ABOVE, THE LA COSTA PLAZA SHOPPING CENTER BEING THOSE PORTIONS OF LOTS 9, 14 AND 15 OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT ENGINEER'S STATION 154 PLUS 19.97 IN THE CENTER LINE OF SAN DIEGO COUNTY ROAD SURVEY NO. 1800-1 ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE ALONG SAID CENTER LINE NORTH 8°45'46" WEST (RECORD EQUALS NORTH 8°47'11" WEST), 434.03 FEET; THENCE AT RIGHT ANGLES NORTH 81*14'14" EAST (RECORD EQUALS NORTH 8ri2'49" EAST), 63.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING IN THE EASTERLY SIDE LINE OF EL CAMINO REAL ROAD, 126.00 FEET WIDE; THENCE CONTINUING NORTH 81*14'14" EAST, 212.85 FEET TO THE BEGINNING OF A TANGENT 405.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15*25'46" A DISTANCE OF 109.06 FEET; THENCE TANGENT TO SAID CURVE SOUTH 83*20'00" EAST 207.67 FEET TO POINT "A" AN INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND GRANTED TO LEUCADIA COUNTY WATER DISTRICT BY DEED RECORDED AUGUST 11, 1961 AS DOCUMENT NO. 138155 OF OFFICIAL RECORDS; THENCE ALONG SAID PROLONGATION AND SAID WESTERLY LINE SOUTH 0°33'46" WEST (DEED EQUALS SOUTH 0*09'10" EAST) 806.00 FEET TO A POINT IN THE NORTHERLY LINE OF THAT CERTAIN 84.00 FOOT EASEMENT DEDICATED TO THE COUNTY OF SAN DIEGO IN DEED RECORDED MAY 29, 1968 AS DOCUMENT NO. 90113 OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHERLY LINE SOUTH 84*47'23" WEST (DEED EQUALS SOUTH 84*47'00" WEST) 213.15 FEET; THENCE LEAVING SAID NORTHERLY LINE AT RIGHT ANGLES NORTH 5°12'37" WEST 8.99 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE LEASE TO ATLANTIC RICHFIELD COMPANY AND RECORDED MAY 26, 1966 AS DOCUMENT NO. 87636 OF OFFICIAL RECORDS; THENCE ALONG SAID LEASE BOUNDARY NORTH 15*39'26" WEST (LEASE EQUALS NORTH 15*31'03" WEST) 141.87 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED TO RANCHO LA COSTA, INC., RECORDED APRIL 17, 1967 AS DOCUMENT NO. 52816; THENCE ALONG THE SOUTHERLY LINE OF SAID QUITCLAIM SOUTH 84*47'23" WEST 149.83 FEET (DEED EQUALS SOUTH 84*45'46" WEST 150.28 FEET) TO A POINT IN THE ARC OF A 2937.00 FOOT RADIUS CURVE, CONCAVE EASTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH 76*10'50" WEST (DEED EQUALS SOUTH 76*09'10" WEST); SAID POINT BEING THE SOUTHWEST CORNER OF THE PARCEL DESCRIBED IN THE AFOREMENTIONED QUITCLAIM DEED; THENCE LEAVING SAID 2937.00 FOOT RADIUS CURVE ALONG THE WESTERLY PROLONGATION OF THE LAST MENTIONED RADIAL LINE SOUTH 76°10'50" WEST, 1.37 FEET TO A POINT IN THE EASTERLY SIDELINE OF EL CAMINO REAL ROAD, 126.00 FEET WIDE, SAID POINT BEING IN THE ARC OF A 3337.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 76*47'10" WEST; THENCE NORTHERLY ALONG SAID EASTERLY SIDELINE THROUGH A CENTRAL ANGLE OF 4°27'04", A DISTANCE OF 259.24 FEET; THENCE 1158107 PAGE 31 TICOR TITLE f^SURANCE TANGENT TO SAID CURVE NORTH 8°45'46" WEST (RECORD EQUALS NORTH 8*47'11" WEST) 434.03 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING FROM PARCEL 1 ABOVE THAT PORTION OF LOTS 9 AND 15, IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 9; THENCE ALONG THE EAST LINE OF SAID LOT 9 SOUTH 0°34'16" WEST 69.76 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DEED TO LEUCADIA COUNTY WATER DISTRICT, RECORDED AUGUST 11, 1961 AS FILE NO. 138155 OF OFFICIAL RECORDS; THENCE ALONG THE NORTH LINE OF SAID WATER DISTRICT PARCEL, NORTH 89*25'44" WEST (SOUTH 89°50'50" WEST PER DEED) 440.00 FEET TO THE NORTHWEST CORNER OF SAID WATER DISTRICT PARCEL; THENCE ALONG THE PROLONGATION OF THE WEST LINE OF SAID WATER DISTRICT PARCEL, NORTH 0*34'16" EAST (NORTH 0*09'10" WEST PER DEED) 72.13 FEET TO THE NORTH LINE OF SAID SECTION 35; THENCE ALONG SAID NORTH LINE, SOUTH 89*07'13" EAST 440.00 FEET TO THE POINT OF BEGINNING. AND ALSO EXCEPTING FROM PARCEL 1 ABOVE THAT PORTION OF LOT 9 IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 9; THENCE ALONG THE EAST LINE OF SAID LOT 9 SOUTH 0*34'16" WEST 564.76 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DEED TO LEUCADIA COUNTY WATER DISTRICT, RECORDED AUGUST 11, 1961 AS FILE NO. 138155 OF OFFICIAL RECORDS, SAID CORNER BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE, SOUTH 0*34'16" WEST 16.87 FEET TO A POINT ON THE ARC OF A NON-TANGENT 458.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 5r56'36" EAST, SAID POINT ALSO BEING A POINT ON THE NORTHERLY SIDELINE OF LA COSTA AVENUE AS SHOWN ON SAID MAP NO. 8379; THENCE ALONG SAID NORTHERLY SIDELINE THE FOLLOWING COURSES: SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46*43'51" A DISTANCE OF 373.55 FEET, SOUTH 84*47'15" WEST 123.36 FEET TO A POINT IN THE SOUTHERLY PROLONGATION OF THE WEST LINE OF SAID WATER DISTRICT PARCEL; THENCE ALONG SAID PROLONGATION NORTH 0*34'16" EAST (NORTH 0*09'10" WEST PER DEED) 206.24 FEET TO THE SOUTHWEST CORNER OF SAID WATER DISTRICT PARCEL; THENCE ALONG THE SOUTH LINE OF SAID WATER DISTRICT PARCEL, SOUTH 89*25'44" EAST (NORTH 89*50'50" EAST PER DEED) 440.00 FEET TO THE TRUE POINT OF BEGINNING. AND ALSO EXCEPTING FROM PARCEL 1 ABOVE THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE EASTERLY CORNER AS SHOWN ON MAP NO. 6129, SAID MAP BEING ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN SAID COUNTY, IN SAID STATE, SAID CORNER FORMED BY THE INTERSECTION OF TWO COURSES: NORTH 58°23'59" EAST (NORTH 58°25'46" EAST PER RECORD) 326.77 FEET AND NORTH 13°46'01" EAST (NORTH 13°44'14" EAST PER RECORD) 28.70 FEET; THENCE ALONG THE SOUTHEASTERLY BOUNDARY LINE OF SAID MAP NO. 6129 SOUTH 58°23'59" WEST (SOUTH 58*25'46" WEST PER RECORD) 95.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHEASTERLY BOUNDARY LINE SOUTH 3r36'01" EAST 61.79 FEET; THENCE SOUTH 13°25'02" WEST 31.75 FEET; 1158107 PAGE 32 TICOR TITLE (||SURANCE THENCE SOUTH 49°08'48" WEST 46.59 FEET; THENCE SOUTH 69*53'42" WEST 55.13 FEET; THENCE NORTH 86*50'03" WEST 31.14 FEET; THENCE NORTH 3r36'01" WEST 62.98 FEET TO A POINT ON SAID SOUTHEASTERLY BOUNDARY LINE; THENCE ALONG SAID SOUTHEASTERLY BOUNDARY LINE NORTH 58°23'59" EAST (NORTH 58*25'46" EAST PER RECORD) 148.05 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: THOSE PORTIONS OF LOTS 45 AND 46 OF LA COSTA VALLEY UNIT NO. 1, ACCORDING TO MAP THEREOF NO. 5434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND THOSE PORTIONS OF SECTIONS 25, 26, 35 AND 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF ALL BEING IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 45; THENCE ALONG THE WESTERLY LINE OF SAID LOT NORTH 12*43'11" EAST, 25.45 FEET TO THE SOUTHEAST CORNER OF LOT 44 OF SAID LA COSTA VALLEY UNIT NO. 1; THENCE SOUTH 89*16'25" EAST, 197.43 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT 46, SAID POINT BEING THE SOUTHWEST CORNER OF LOT 148 OF LA COSTA VALLEY UNIT NO. 4, ACCORDING TO MAP THEREOF NO. 5781, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE BOUNDARY OF SAID UNIT NO. 4, AS FOLLOWS: SOUTH 53*35'07" EAST, 48.08 FEET; SOUTH 61°45'15" EAST, 429.99 FEET; SOUTH 47*22'36" EAST, 386.01 FEET; SOUTH 17*37'22" WEST, 682.05 FEET; SOUTH 27*02'33" WEST, 810.00 FEET; SOUTH 46*56'33" WEST, 248.60 FEET; SOUTH 16°17'33" WEST, 275.00 FEET; SOUTH 3*53'33" WEST, 317.60 FEET; SOUTH 7*11'27" EAST, 100.20 FEET; SOUTH 18*23'27" EAST, 193.00 FEET; SOUTH 26*25'27" EAST, 322.50 FEET; SOUTH 18*48'27" EAST, 202.00 FEET; SOUTH 35*12'40" EAST, 77.67 FEET; NORTH 84*58'28" EAST, 752.17 FEET; SOUTH 76*01'37" EAST, 349.53 FEET TO THE SOUTHEAST CORNER OF LOT 194 OF SAID LA COSTA VALLEY UNIT NO. 4; THENCE ALONG THE BOUNDARY OF MAP NO. 7784 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. AS FOLLOWS: SOUTH 76*0r37" EAST. 101.47 FEET; SOUTH 69*19'47" EAST. 79.98 FEET; SOUTH 88°08'28" EAST, 851.93 FEET; NORTH 87*40'50" EAST, 300.64 FEET SOUTH 75°21'30" EAST, 547.76 FEET; SOUTH 63*03'45" EAST, 578.25 FEET SOUTH 84°01'27" EAST, 528.04 FEET; SOUTH 48°01'27" EAST, 511.03 FEET: AND SOUTH 35°01'27" EAST, 460.00 FEET; THENCE SOUTH 52°35'53" EAST, 329.49 FEET TO THE MOST NORTHERLY CORNER OF LOT 382 OF LA COSTA SOUTH UNIT NO. 5, ACCORDING TO MAP THEREOF NO. 6600 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE BOUNDARY THEREOF AS FOLLOWS: SOUTH 17*4r55" WEST, 208.88 FEET; SOUTH 27*ir20" WEST, 91.78 FEET SOUTH 36°35'33" WEST, 94.13 FEET; SOUTH 46°06'56" WEST, 94.13 FEET; SOUTH 55°40'48" WEST, 120.24 FEET; SOUTH 68°34'25" WEST, 95.00 FEET TO THE NORTHWEST CORNER OF LOT 376 OF SAID LA COSTA SOUTH UNIT NO. 5; BEING THE MOST EASTERLY CORNER OF LAND DESCRIBED IN DEED TO RANCHO LA COSTA, INC., RECORDED JANUARY 14, 1981 AS DOCUMENT NO. 12448 OF OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID LAND NORTH 21°25'35" WEST 89.46 FEET; AND NORTH 42°0ri5" WEST 323.96 FEET TO THE BOUNDARY OF SAID LA COSTA SOUTH UNIT NO. 5; THENCE ALONG SAID BOUNDARY AS FOLLOWS: 1158107 PAGE 33 TICOR TITLE f||SURANCE NORTH r55'2r' WEST 34.09 FEET; NORTH 50°27'39" WEST 529.29 FEET; SOUTH 37°14'05" WEST 62.80 FEET; SOUTH 5°27'34" EAST 624.64 FEET; SOUTH 14*55'28" EAST 235.00 FEET; SOUTH 33*10'03" EAST, 222.92 FEET TO A POINT IN THE ARC OF A 380.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 49*22'46" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42*20'40" A DISTANCE OF 280.84 FEET TO A POINT IN THE ARC THEREOF TO WHICH A RADIAL LINE BEARS SOUTH 88*16'34" WEST; THENCE LEAVING SAID CURVE ALONG THE SOUTHWESTERLY PROLONGATION OF SAID RADIAL LINE AND CONTINUING ALONG THE BOUNDARY OF SAID UNIT NO. 5 AS FOLLOWS: SOUTH 88*16'34" WEST, 89.56 FEET; NORTH 79*38'48" WEST, 105.72 FEET; NORTH 67*59'19" WEST, 101.39 FEET; NORTH 60*43'29" WEST 281.88 FEET; AND NORTH 49*07'43" WEST, 631.55 FEET TO THE MOST EASTERLY CORNER OF LOT 62 OF LA COSTA SOUTH UNIT NO. 1, ACCORDING TO MAP THEREOF NO. 6117; THENCE ALONG THE BOUNDARY OF SAID UNIT NO. 1 AS FOLLOWS: NORTH 55*37'00" WEST, 105.00 FEET; NORTH 34*23'00" EAST, 162.38 FEET TO THE BEGINNING OF A TANGENT 380.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13*15'04" A DISTANCE OF 87.88 FEET TO A POINT IN THE ARC THEREOF TO WHICH A RADIAL LINE BEARS SOUTH 68*52'04" EAST, SAID POINT BEING THE SOUTHWEST CORNER OF LOT 205 OF LA COSTA SOUTH UNIT NO. 2, ACCORDING TO MAP THEREOF NO. 6462; FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE LEAVING SAID CURVE, ALONG THE BOUNDARY OF SAID UNIT NO. 2 AS FOLLOWS: SOUTH 52°44'59" EAST, 642.66 FEET; NORTH 60*31'27" EAST, 79.26 FEET; NORTH 0°4r38" WEST, 624.21 FEET; NORTH 15°10'48" EAST, 203.15 FEET; NORTH 0°03'46" WEST, 170.00 FEET; NORTH 59°48'23" WEST, 69.46 FEET; NORTH 83°16'49" WEST, 110.08 FEET; SOUTH 89*56'14" WEST, 350.00 FEET TO THE NORTHEAST CORNER OF LOT 59 OF THE AFOREMENTIONED LA COSTA SOUTH UNIT NO. 1; THENCE ALONG THE BOUNDARY OF SAID UNIT NO. 1 AS FOLLOWS: SOUTH 89*56'14" WEST, SOUTH 55*59'22" WEST, NORTH 89*56'14" EAST, RADIUS CURVE, CONCAVE SOUTH 86°19'38" EAST; CENTRAL ANGLE OF SAID CURVE SOUTH 30°42'38" 34°23'00" 600.00 FEET; NORTH 65°05'55" WEST, 587.00 FEET; 454.39 FEET; SOUTH 64°39'14" EAST, 1316.78 FEET; 177.32 FEET TO A POINT IN THE ARC OF A 320.00 FOOT NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A A DISTANCE OF 171.52 FEET; THENCE TANGENT TO WEST, 174.00 FEET; NORTH 55°37'00" WEST, 116.00 FEET; FEET; SOUTH NORTH WEST, WEST,. WEST. NORTH 6r46'38" NORTH 24°24'54" 39°35'48" WEST, 6r42'02" WEST, WEST, 196.08 FEET; NORTH 72°24'12" WEST, 186.31 EAST, 5.80 FEET; NORTH 50°24'12" WEST, 65.27 FEET 32.58 FEET; NORTH 72°24'12" WEST, 204.93 FEET; 492.35 FEET; NORTH 76°25'45" WEST, 113.38 FEET; 114.00 FEET; SOUTH 85*50'25" WEST, 110.29 FEET; SOUTH 70*46'50" 115.43 FEET; SOUTH 63°15'05" WEST, 184.91 FEET; SOUTH 74°47'11" 389.41 FEET TO A POINT IN THE EASTERLY BOUNDARY OF LA COSTA GREENS, ACCORDING TO MAP THEREOF NO. 6708; FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE LEAVING THE BOUNDARY OF LA COSTA SOUTH UNIT NO. 1 ALONG SAID BOUNDARY OF LA COSTA GREENS AS FOLLOWS: NORTH NORTH SOUTH OF LA 0*22'36" WEST, 127.39 FEET; SOUTH 89*37'24" 84°05'18" WEST, 262.44 FEET; NORTH 77°48'00 12°12'00" WEST, 55.23 FEET TO A POINT COSTA GREENS; DISTANT NORTH 12°12'00" WEST, 352.01 FEET; WEST, 338.00 FEET; IN THE WESTERLY BOUNDARY EAST 204.77 FEET FROM 1158107 PAGE 34 TICOR TITLE ^SURANCE THE SOUTHWEST CORNER OF LOT 10 OF SAID MAP NO. 6708; THENCE, LEAVING SAID BOUNDARY LINE NORTH 89*0r27" WEST 533.50 FEET; THENCE, NORTH 43*01'27" WEST 479.25 FEET; THENCE, SOUTH 57°35'48" WEST 310.84 FEET; THENCE, NORTH 32*24'12" WEST 428.28 FEET; THENCE, NORTH 57*35'48" EAST 78.43 FEET; THENCE, NORTH 18*0r27" WEST 87.98 FEET; THENCE, NORTH 48*01'27" WEST 30.00 FEET; THENCE, NORTH 58*24'19" EAST 132.00 FEET; THENCE, NORTH 13*39'19" EAST 42.61 FEET; THENCE, NORTH 58*24'19" EAST 77.48 FEET; THENCE, SOUTH 31*35'41" EAST 108.00 FEET; THENCE, NORTH 58*24'19" EAST 325.00 FEET; THENCE, SOUTH 3r35'41" EAST 161.60 FEET; THENCE, NORTH 62°58'33" EAST 123.83 FEET; THENCE NORTH 16°58'33" EAST 246.99 FEET; THENCE, NORTH 07°0r27" WEST 294.00 FEET; THENCE, NORTH 00*58'33" EAST 296.00 FEET; THENCE, NORTH 06°0r27" WEST 668.01 FEET; THENCE, NORTH 20°58'33" EAST 262.99 FEET; THENCE, NORTH 5r58'33" EAST 71.49 FEET TO AN ANGLE POINT ON THE SOUTHEASTERLY BOUNDARY LINE OF LA COSTA VALLEY UNIT NO. 3, MAP NO. 5734 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID POINT BEING ON THE ARC OF A 320.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY A RADIAL BEARING TO SAID POINT BEARS NORTH 19*41'27" WEST; THENCE, ALONG SAID SOUTHEASTERLY BOUNDARY LINE THE FOLLOWING COURSES: NORTH 51*58'33" EAST, 141.49 FEET; NORTH 18*58'33" EAST, 297.96 FEET; NORTH 2*58'33" EAST, 456.21 FEET; NORTH 29*58'33" EAST, 258.86 FEET; NORTH 14*58'33" EAST, 195.00 FEET; NORTH 32*40'07" WEST 87.64 FEET TO THE MOST SOUTHERLY CORNER OF LOT 58 OF THE AFOREMENTIONED LA COSTA VALLEY UNIT NO. 1; THENCE LEAVING THE BOUNDARY OF LA COSTA VALLEY UNIT NO. 3 AND ALONG THE BOUNDARY OF SAID UNIT NO. 1 AS FOLLOWS: SOUTH SOUTH NORTH NORTH NORTH NORTH NORTH NORTH 77*24'34" 77*24'34" 77°24'34" 77°24'34" 8*52'40" 34°22'08" 10*25'17" 32°37'03" EAST, 67.14 FEET; EAST, 20.00 FEET; WEST, 20.00 FEET; WEST, 65.76 FEET; EAST, 200.26 FEET; WEST, 182.50 FEET EAST, 40.00 FEET; EAST, 102.32 FEET SOUTH NORTH SOUTH NORTH NORTH 43*43' 10' 12*35'26' 68°54'02' 20*29'23' 27°22'15' EAST, EAST, WEST, EAST, WEST NORTH 42°29'02" WEST NORTH 36°40'29" EAST, 7.21 FEET; 18.00 FEET; 7.21 FEET; 186.99 FEET 101.38 FEET 66.00 FEET 166.22 FEET TO THE POINT OF BEGINNING, EXCEPTING ANY PORTIONS LYING WITHIN LA COSTA CONDOMINIUM UNIT NO. 3, ACCORDING TO MAP THEREOF NO. 6129, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AND LA COSTA CONDOMINIUM UNIT NO. 4, ACCORDING TO MAP THEREOF NO. 6520, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. ALSO EXCEPT THEREFROM THAT PORTION OF THE SOUTHEAST QUARTER OF SAID SECTION 26, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 54 OF SAID MAP NO. 5434; THENCE, NORTH 69°07'20" EAST 138.00 TO THE NORTHEASTERLY CORNER OF SAID LOT 54 BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG THE PROLONGATION THEREOF NORTH 69°07'20" EAST 9.06 FEET; THENCE, SOUTH 27°20'48" EAST 88.09 FEET; THENCE, SOUTH 8°54'07" WEST 15.22 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 54; THENCE, NORTH 27°20'48" WEST 101.38 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THAT PORTION OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE 1158107 PAGE 35 TICOR TITLE INSURANCE BEGINNING ON THE SOUTH LINE OF PARCEL 3 OF PARCEL MAP 11722 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 9, 1981 AT A POINT SOUTH 76°01'37" EAST, 69.24 FEET FROM THE SOUTHERLY SOUTHWEST CORNER; THENCE ALONG SAID SOUTH LINE SOUTH 76°01'37" EAST, 32.23 FEET AND SOUTH 69°19'47" EAST, 79.98 FEET AND SOUTH 88°08'28" EAST, 414.97 FEET; THENCE LEAVING SAID SOUTH LINE SOUTH 68°04'56" WEST, 161.27 FEET TO THE BEGINNING OF A TANGENT 225.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHEAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°55'54" FOR A DISTANCE OF 93.98 FEET; THENCE TANGENT TO THE LAST SAID CURVE SOUTH 44°09'02" WEST, 94.50 FEET TO THE BEGINNING OF A TANGENT 60.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHEAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°00'55" FOR A DISTANCE OF 17.82 FEET TO A POINT THAT IS NORTH 62°5r53" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTH 53°02'46" WEST, 25.78 FEET TO A TANGENT 95.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHEAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22*48'36" FOR A DISTANCE OF 37.82 FEET; THENCE TANGENT TO SAID CURVE NORTH 30*14'10" WEST. 147.44 FEET TO A TANGENT 105.00 FOOT RADIUS CURVE. CONCAVE TO THE SOUTHWEST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4r20'56" FOR A DISTANCE OF 75.78 FEET TO A POINT OF REVERSE CURVATURE WITH A 95.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHEAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29*17'49" FOR A DISTANCE OF 48.58 FEET TO A POINT THAT LIES SOUTH 47*42'43" WEST FROM THE CENTER OF SAID CURVE AND THE POINT OF BEGINNING. ALSO EXCEPTING THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF LOT 377 OF LA COSTA SOUTH UNIT NO. 5, ACCORDING TO MAP THEREOF NO. 6600, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 10, 1970 FROM WHICH POINT THE MOST NORTHERLY CORNER OF SAID LOT 377 BEARS NORTH 55*40'48" EAST, 12.00 FEET; THENCE ALONG SAID NORTHWESTERLY LINE OF LOT 377 SOUTH 55*40'48" WEST 108.24 FEET TO THE MOST NORTHERLY CORNER OF LOT 376 AS SHOWN ON SAID MAP NO. 6600; THENCE LEAVING SAID LOT 377 ALONG THE NORTHWESTERLY LINE OF SAID LOT 376 SOUTH 68*34'25" WEST, 85.00 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 21°25'35" WEST, 5.00 FEET; THENCE PARALLEL WITH SAID SOUTHWESTERLY LINE NORTH 68*34'25" EAST, 84.44 FEET; THENCE NORTH 55*40'48" EAST, 10.77 FEET; THENCE NORTH 2*34'00" WEST, 125.12 FEET; THENCE NORTH 68*36'00" EAST, 26.00 FEET; THENCE SOUTH 37*45'51" EAST, 97.00 FEET; THENCE SOUTH 33*35'41" EAST, 8.75 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: ALL THAT PORTION OF THE EAST HALF OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 374 OF LA COSTA SOUTH UNIT NO. 5, ACCORDING TO MAP THEREOF NO. 6600, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE BOUNDARY OF SAID UNIT NO. 5, NORTH 25*42'31" WEST, 133.00 FEET, THENCE NORTH r55'21" WEST, 275.91 1158197 PAGE 36 TICOR TITLE (|fSURANCE FEET TO A POINT IN THE EASTERLY LINE OF LOT 368 OF SAID MAP; THENCE LEAVING SAID BOUNDARY SOUTH 42*01'15" EAST 323.96 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY PROLONGATION OF THE EASTERLY LINE OF LOT 375 OF SAID UNIT NO. 5; THENCE ALONG SAID PROLONGATION SOUTH 2r25'35" EAST 89.46 FEET TO THE NORTHEAST CORNER OF SAID LOT; THENCE ALONG THE BOUNDARY OF SAID UNIT NO. 5, SOUTH 68*34'25" WEST, 196.14 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY BOUNDARY LINE OF MAP NO. 7784 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID POINT ALSO BEING ON THE CENTER LINE OF THAT CERTAIN EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT RECORDED AUGUST 8, 1973, RECORDER'S FILE NO. 73-220063, OF OFFICIAL RECORDS, AND THE CENTER LINE OF THAT CERTAIN ACCESS EASEMENT TO THE CITY OF CARLSBAD AND SAN DIEGO COUNTY FLOOD CONTROL DISTRICT RECORDED SEPTEMBER 25, 1973, RECORDER'S FILE NO. 73-270063 OF OFFICIAL RECORDS, ALL AS SHOWN ON SAID MAP NO. 7784; THENCE LEAVING SAID EASTERLY BOUNDARY AND ALONG SAID CENTER LINES THE FOLLOWING COURSES: SOUTH 22°40'48" EAST, 447.87 FEET TO THE BEGINNING OF A 750.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23°28'38" A DISTANCE OF 307.32 FEET TO A POINT ON THE NORTHERLY LINE OF MAP NO. 6600 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAW DIEGO COUNTY, SAID POINT ALSO BEING ON THE ARC OF A 48.00 FOOT CURVE CONCAVE SOUTHERLY, A RADIAL LINE FROM SAID 750.00 FOOT RADIUS CURVE BEARS SOUTH 89°12'10" EAST, A RADIAL LINE FROM SAID 48.00 FOOT RADIUS CURVE BEARS NORTH 02*37'50" EAST; THENCE WESTERLY ALONG THE ARC OF SAID 48.00 FOOT RADIUS CURVE 65.90 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID MAP NO. 6600; THENCE NORTH 76*01'20" WEST 117.46 FEET TO THE MOST NORTHERLY CORNER OF LOT 382 OF SAID MAP NO. 6600; THENCE NORTH 52°35'53" WEST 329.49 FEET TO THE MOST SOUTHERLY CORNER OF SAID MAP NO. 7784; THENCE ALONG THE BOUNDARY OF SAID MAP NO. 7784 NORTH 54*58'33" EAST 170 FEET; NORTH 4°49'30" EAST 375 FEET; AND NORTH 25*03'28" EAST TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE EASTERLY 30 FEET. SAID EASTERLY 30 FEET TERMINATING ON THE NORTHWEST IN THE EASTERLY BOUNDARY OF SAID MAP NO. 7784, AND ON THE SOUTH IN SAID 48 FOOT RADIUS CURVE IN THE NORTHERLY BOUNDARY OF MAP NO. 6600. 1158107 PAGE 37 TICOR TITLE INSURANCE PYUIRIT EXHIBIT A Printed Policy Exceptions and Exclusions AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLiCY~197g EXCLUSIONS In addition to the Exceptions in Schedule B, you are not 3. Title Risks: insured against loss, costs, attorneys' fees and expenses * that are created, allowed or agreed to by you resulting from: * that are known to you, but not to us, on the Policy Date— 1. Governmental police power, and the existence or violation of unless they appeared In the public records any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: result in no loss to you * land use * ^'''^^ affect your title after the Policy Date—this does not limit the labor and material lien coverage in item 8 of Covered * improvements on the land Title Risks * land division 4. Failure to pay value for your title. * environmental protection _ , . , 5. Lack of a right: This exclusion does not limit the zoning coverage described in * a"V 'a"*! outside the area specifically described and items 12 and 13 of Covered Title Risks. referred to in Item 3 of Schedule A, or - * in streets, alleys or waterways that touch your land. Z. The right to take the land by condemning It, unless a notice of taking appears in the public records on the Policy Date. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. SCHEDULE B~STANDARD EXCEPTIONS (A) Any rights, interests or claims of parties in possession of the land not shown by the public records. (B) Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of the Covered Title Risks. (C) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. (D) Any water rights, claims or title to water on or under the land. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY—1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70} SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy. 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such Insured claimant became an insured hereunder; (c) resulting In no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 1158107 PAGE 38 TICOR TITLE (INSURANCE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY~1973 (Amended 12-6-85 and 2-20-86) SCHEDULE B PART I This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 8. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, whether or not shown by the public records at Date of Policy, or the effect of any violation of any such law, ordinance or governmental regulation, whether or not shown by the public records at Date of Policy. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) whether or not shown by the public records at Date of Policy, but created, caused, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest Insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. 10. Any facts, rights, interest or claims which are not shown by the public records but which could be ascertainedby making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B—1970 (Amended 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009 1158107 PAGE 39 City of Carlsbad Planning Department CONDITIONAL NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: 2100 Costa Del Mar Road, Carlsbad, CA 92009 PROJECT DESCRIPTION: Conditional Use Permit Amendment and Special Use Permit to allow the construction of an additional parking lot at the existing La Costa Hotel and Spa Resort. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Conditional Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Conditional Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, Califomia 92009. Comments from the pubhc are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please^:^ Anne Hysong in the Planning Department at 438-1161, extension 4457. DATED: MARCH 7, 1991 CASE NO: CUP 258(A)/SUP 90-12/SUP 90-13 APPLICANT: LA COSTA HOTEL AND SPA P feHAEj/j. HOLZMf^.LER 'Planning Director PUBLISH DATE: MARCH 7, 1991 AH:km 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 Carlsbad Journal Decreed A Legal Nev^spaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. P.O. Box 230878, Encinitas, CA 92023-0878 (619) 753-6543 Proof of Publication STATE OF CAUFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Joumal, a newspaper of general circulation, published weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the follow- ing dates, to-wit: CONDITIONAL NEGATIVE DECLARATION PROJECT ADDRESS/LOCA- TION: 2100 Costa Del Mar Road, Carlsbad, CA 92009. PROJECT DESCRIPTION: Con- ditional Use Permit Amendment and Special Use Permit to allow the construction of an additional park- ing lot at the existing La Costa Hotel and Spa Resort. The City of Carlsbad has con- ducted an environmental review of the above described project pur- suant to the Guidelines for Imple- mentation of the California En- vironmental Quality Act and the Environmental Protection Ordi- nance of the City of Carlsbad. As a result of said review, a Conditional Negative Declaration (declaration that the project will not have a sig- nificant impact on the environ- ment) is hereby issued for the sub- ject project. Justiflcation for this action is oa file in the Plasaing De- partment A copy sf ttc Condttional Nega- tive DeotoratioB widi lupportive document ii on flie in the Planning Departmaat, 2075 Lat Palmai Drive, Cailfbad, CalUWate nOOS. Coauneati tnm tha public are in- vited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Anne Hysong in the Planning De- partment at 438-1161, extension 4457. Dated: March 7,1991 Case No: CUP 2S8(AVSUP 90-12/ SUP 90-13 Applicant: La Costa Hotel and Spa GARY S. WAYNE for MICHAEL J. HOLZMILLER Planning Director CJ 9835: March 7,1991 March 07 19_ 19_ 19_ 19 91 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of Cali- fomia on the 7th day of Marrh, IQqi Clerk of the Printer PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE GARLSBAD, CALIFORNIA 92009-4859 Citp of Carlflibab NOTICE OF DETEBMINATION County Clerk County of San Diego Attn: Mail Drop C-11 220 West Broadway San Diego, CA 92101 September 24, 1987 This is to advise that the City of Carlsbad on September 16, 1987, approved the following project: Project Title: La Costa Hotel & Spa, CUP-25B(A) State Clearinghouse Number Contact Person (If submitted to Clearinghouse) Telephone Project Address/Location: Along the east side of El Camino Real, 200 feet north of the existing La Costa Resort sign Project Description: Conditional Use Permit to allow a 40 sguare foot monument identification sign This is to advise that the City of Carlsbad has approved the above described project and has made the following determinations regarding the above described project: 1. The project will not have a significant effect on the environment. The project is categorically excempt pursuant to Section 19.04.090 of CEQA. Mitigation measures were not made a approval of this project. condition of the A statement of Overriding Considerations was not adopted for this project. MICHAEL J. Planning Director FILED IF TEE OFFICE OF TEE SAF D.TEGC COUKTY OK SEP 2 9 POSTED -m.2-2LM_i,z:,,07sOi^ I mTlSREEI) TU AGZUCY NOV 0 / "'^ JANS K. ?y»<;MA^?| 2075 LAS PALMAS DRIVE GARLSBAD, CALIFORNIA 92009-4859 PLANNING DEPARTMENT JM (619) 438-1161 Citp of Carlsibab PLANNING COMMISSION NOTICE OF DECISION September 22, 1987 La Costa Hotel & Spa 2100 Costa del Mar Road Carlsbad, California 92009 CUP-258(A) LA COSTA HOTEL & SPA At the Planning Commission meeting of September 16, 1987, your application was considered. The Commission voted 6-0 to approve your request with changes. Some decisions are final at Planning Commission, and others automatically go forward to City Council. If you have any questions regarding the final dispositions of your application, please call the Planning Department at 438-1161. MICHAEL J. HOLZMILLER Planning Director MJH:dm 2075 LAS PALMAS DRIVE "CARLSBAD, CALIFORNIA 92009-4859 PLANNING DEPARTMENT m4A9 JM (619) 438-1161 Citp of CarljSbab PLANNING COMMISSION NOTICE OF DECISION September 22, 1987 Paul Graham 2100 Costa del Mar Road Carlsbad, California 92009 CUP-258(A) LA COSTA HOTEL & SPA At the Planning Commission meeting of September 16, 1987, your application was considered. The Commission voted 6-0 to approve your request with changes. Some decisions are final at Planning Commission, and others automatically go forward to City Council. If you have any questions regarding the final dispositions of your application, please call the Planning Department at 438-1161. MICHAEL J. HOLZMILLER Planning Director MJH:dm 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 PLANNING DEPARTMENT WLT^ J^M (619)438-1161 Citp of CavUhah NOTICE OF DETERMINATION County Clerk September 24, 1987 County of San Diego Attn: Mail Drop C-11 220 West Broadway San Diego, CA 92101 This is to advise that the City of Carlsbad on September 16, 1987, approved the following project: Project Title: La Costa Hotel & Spa, CUP-258(A) State Clearinghouse Number Contact Person Telephone (If submitted to Clearinghouse) Project Address/Location: Along the east side of El Camino Real, 200 feet north of the existing La Costa Resort sign Project Description: Conditional Use Permit to allow a 40 square foot monument identification sign This is to advise that the City of Carlsbad has approved the above described project and has made the following determinations regarding the above described project: 1. The project will not have a significant effect on the environment. 2. The project is categorically excempt pursuant to Section 19.04.090 of CEQA. 3. Mitigation measures were not made a condition of the approval of this project. 4. A statement of Overriding Considerations was not adopted for this project. MICHAEL J. HOL Planning Director DTICE OF PUBLIC HEARI NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 p.m. on Wednesday, September 16, 1987, to consider approval of a conditional use permit to allow the construction of a 40 square foot (eight feet by five feet) monument identification sign on property generally located along the east side of El Camino Real, approximately 200 feet north of the existing La Costa Hotel and Spa sign and more particularly described as: Portion of Section 35, Township 12 south. Range 4 west, San Bernadino Meridian, in the City of Carlsbad, County of San Diego, State of California. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions, please call the Planning Department at 438-1161. If you challenge the conditional use permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: APPLICANT: PUBLISH: CUP-258(A) LA COSTA HOTEL & SPA SEPTEMBER H , 1987 CITY OF CARLSBAD PLANNING COMMISSION Cit) of Garlsbai SITE \ LA COSTA HOTEL & SPA CUP-268(A) Carlsbad Joumal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to North Coast Publishers, Inc. corporate offices: P.O. Box 878, Encinitas, CA 92024 (619) 753-6543 Proof of Publication '3' STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, ss. PUNN/NG DEPARTMENT CITY Of WRLSBAO I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of Son Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at al I times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been publ ished in each regular and entire issue of said newspaperand not in any supplement thereof on the following dates, to-wit: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Elm Avenue, Carlsbad, Cali- fornia, at 6:00 p.m. on Wednesday, September 16, 1987, to consi'der approval of a conditional use per- mit to allow the construction &f a 40 square foot (eight feet by Ave feet) monument ideivtification sign on property geneiAHy located along the east side of El Camino Real, ap- proximately 209 ffeet north of the existing La Costa Hotel and Sp8 sign and more particularly de- scribed as: Portion of Section 39, Township 12 south. Range 4 west, San Berna- dino Meridian, in the City of Carls- bad, County of San Diego, State of California. Those persons wishing to speak on this proposal are cordially in- vited to attend the piiblic hearing. If you have any questions, please call the Planning Department at 438-1161. If you challenge the conditional use permit in court, you may be lim- ited to raising only those issues you or someone else raised at the pub- lic hearing described in this notice or in written correspondence deliv- ered to the City of Carlsbad at or prior to the public hearing. .Case File: CUP-258(A) Applicant: LA COSTA HOTEL & SPA CITY OF CARLSBAD PLANNING COMMISSION September 4 I LA COSTA HOTEL & SPA CUP-258(A) 19 19 19 19 87 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad. County of San Diego, State of California on The 4th of September, 1987 day Clerk of the Printer *2C CJ 4833: September 4,1987 PROJECT REVIEW On September 25. 1991 . CUP 258(A) . La Costa Hotel & Spa (date) (project number) (project name) _, was reviewed for compliance with the conditions contained therein. The project was found to be in compliance with all the conditions of Resolution No. 2678 and no further action was taken. COMMENTS: No comments. Signed Van Lync, Erin Letsch Planning Technician VL:vd PIU)JLCf RtVIIW was rpviowod (date) (project number) (projnci tiniiic) for compliance with the conditions contained tfierein. 1) j The project was found to be in compliance with all the conditions of Resolution No. 2S >^ and no further action was taken. 2) The project was found to be in violation of Coftdition of Resolution No. and the following actions have been taken: COMMENTS: //O r,<3? CA/I M tfvTT Signed ^ EL:lh project.frm <f}\% ^osta Real %Jj^ Municipal Water District ^^^MR^ 5950 El Cam ino Real, Carlsbad, CA 92008 Telephone: (619)438-2722 Engineering Dept: 438-3367 June 24, 1987 ^^£^C*^^^^ (^-Z4'37 To: City of Carlsbad Land Use Planning Office 2075 Las Palmas Drive Carlsbad, California 92009 Attn: Stan Weiler Subject: CUP-258(A) - CRMWD Project No. 87-C-OO L.C. Hotel & Spa Sign The subject project has been reviewed by the District's Engineering Department to determine the extent of District's involvement regarding existing and proposed water system to serve proposed project as follows: YES NO Are there transmission lines that affect project? ( ) (X) Are there existing facilities that will have to be reconstructed? Are there new facilities that will have to be constructed? Are there existing District agreements that have a financial impact on these projects? truly your Robert Grean District Engineer RG:s j a CRMWD 87-C-OO Review and Comment Memo MEMORANDUM RECEWED Jm 1 6 DATE: TO: FROM: Engineering Department Fire Department ^^--4^^^- Building Department Parks and Recreation Department N. County Transit District Costa Real Municipal Water District Planning Department SUBJECT: Request for Review and Comment on Application No. -zis^d] Cojh^ /farec Proposal: PIcic^^t-nT I. f to ; Project P1anner Tnis item has been tentatively scheduled for the Planning Commission meeting of . Please review and submit written comments and/or conditions to tne Planning Department by U-^y^ ^ , IX 9?- date, it will be assumed' tnat \ If not received by that you have no comment and the proposal has your endorsement as submitted Thank you. Comment: ATTACHMENTS PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619) 438-1161 Citp of CarliSbab June 18, 1987 Paul Graham La Costa Hotel and Spa 2100 Costa Del Mar Road Carlsbad, CA 92009 RE: CUP-258(A) LA COSTA HOTEL AND SPA The Community Development Director, the City Engineer and the Planning Director have reviewed the application you submitted for the above-referenced project. Based upon this review, it has been determined that your application is incomplete. Additionally, there are major problems associated with your application which must be addressed before this application can be scheduled for a hearing. The items missing from your application and the problems or issues are listed on the attached pages. Also, the name of the project planner and project engineer is provided. You should setup a meeting with the project planner to discuss the items and issues. Once the missing items are supplied and the problems/issues have been addressed, your application will then be scheduled for a hearing. Problems/Issues Site distance from existing sign does not comply with 21 .41 .075(b-3) which requires 200 feet between signs. Traffic safety problem - sign obstructs view. Sign located in public right- of-way. Project Planner Stan Weiler/Chris De Cerbo Project Engineer Bob Gohnson Review and Comment Memo DATE TO: MEMORANDUM / Engineering Department Fire Department Building Department ^/e, Ti^^y ^-»7X Parks and Recreation Department N. County Transit District Costa Real Municipal Water District FROM; Planning Department SUBJECT: Request for Review and Comment on Application Proposal '._£Ucc I HO Project Planner: 57a^ wd/cir This item has been tentatively scheduled for the Planning Commission meeting of . Please review and submit written commentl and/or conditions to the Planning Department by /tX^ ^ . / / ? received by that date, it will be as'^umed tnat you have no comment proposal has your endorsement as submitted. Thank you. and the Comment ATTACHMENTS City of Carlsbad Planning Department NOTICE OF EXPIRATION April 11,2001 La Costa Hotel & Spa 2100 Costa Del MarRd Carlsbad CA 92009 SUBJECT: CUP 258A - LA COSTA HOTEL & SPA In a recent audit of our records, we found that CUP 25 8A, located at 2100 Costa Del Mar Rd, expired on September 16, 1997. The City is offering a one-time grace period which will allow you to retroactively extend the CUP, if you act by October 11, 2001. The Conditional Use Permit runs with the land, and requires the property owner to request an extension of this permit. In order to begin the process, please send the following: Written request for an extension; ^ Completed Disclosure Statement (enclosed); ^ Mailing labels (instructions enclosed); and A check in the amount of $595. Send the required documents and warrants to: Chris Sexton City of Carlsbad Plarming Department 1635 Faraday Avenue Carlsbad CA 92008 Your request for an extension must be received before October 11, 2001. If you do not request an extension by this date, the permit will be considered invalid and to continue operating, you will be required to submit an application for a new permit, along with a check in the amount of $2,950. Should you have any questions, please contact your staff planner, Paul Godwin, in the Planning Department at (760) 602-4625. Sincerely, CHRIS SEXTON c: File Copy Paul Godwin 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us City of Carlsbad Planning Department September 29, 1989 La Costa Hotel and Spa 2100 Costa Del mar Road Carlsbad, CA 92009 SUBJECT: CUP 258(A) LA COSTA HOTEL MONUMENT SIGN Dear Applicant: The City of Carlsbad's Planning Department has reviewed your Conditional Use Permit for a second monument sign identifying the hotel along El Camino Real and determined that you are in violation of Planning Commission Resolution No. 2678, Condition No. 8. Condition No. 8 states that landscaping shall be provided to completely hide the base of the sign subject to the approval of the Planning Director. You have thirty days to bring your Conditional Use Permit No. 258(A) into compliance with Condition No. 8. If after thirty days you fail to comply, the permit will be scheduled for a Planning Commission public hearing. The Planning Commission may, after a public hearing held in the manner prescribed in Chapter 21.50 of the City's Municipal Code governing Conditional Use Permits, revoke or modify any permit if the permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval. If you have any questions contact Jeff Gibson in the Planning Department at (619) 438-1161. JEFF GIBSON Assistant Planner JG:af 2075 Las Palmas Drive • Carlsbad, California 92009-4859 - (619) 438-1161 City of Carlsbad Planning Department December 13, 1989 La Costa Hotel and Spa 2100 Costa Del Mar Road Carlsbad, CA 92009 SUBJECT: CUP 258(A) LA COSTA HOTEL MONUMENT SIGN Dear AppHcant: This correspondence is a follow-up to a Notice of Violation letter sent to you on September 29, 1989 regarding the violation of Condition No. 8 of Planning Commission Resolution No. 2678, which concerns your monument sign along El Camino Real. This is a Final Notice of Violation and if after 15 days you fail to comply, the permit will be scheduled for a Planning Commission hearing to consider revocation of the permit. If you have any questions, contact Jeff Gibson in the Planning Department at (619) 438- 1161, extension 4471. MICHAEL J. HOLZMILLER Planning Director MJH:JG/af Enclosure c: Gary Wayne Erin Letsch 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 City of Carlsbad! iartmenfr September 29, 1989 La Costa Hotel and Spa 2100 Costa Del mar Road Carlsbad, CA 92009 SUBJECT: CUP 258(A) U\ COSTA HOTEL MONUMENT SIGN Dear Applicant: The City of Carlsbad's Planning Department has reviewed your Conditional Use Permit for a second monument sign identifying the hotel along El Camino Real and determined that you are in violation of Planning Commission Resolution No. 2678, Condition No. 8. Condition No. 8 states that landscaping shall be provided to completely hide the base of the sign subject to the approval of the Planning Director. You have thirty days to bring your Conditional Use Permit No. 258(A) into compliance with Condition No. 8. If after thirty days you fail to comply, the permit will be scheduled for a Planning Commission public hearing. The Planning Commission may, after a public hearing held in the manner prescribed in Chapter 21.50 of the City's Municipal Code governing Conditional Use Permits, revoke or modify any permit if the permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval. If you have any questions contact Jeff Gibson in the Planning Department at (619) 438-1161. JEFF GIBSON Assistant Planner JG:af 2075 Las Palmas Drive - Carlsbad, California 92009-4859 • (619) 438-1161 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2678 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APROVING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A SQUARE FOOT MONUMENT IDENTIFICATION SIGN ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL APPROXIMATELY 200 FEET NORTH OF COSTA DEL MAR ROAD. APPLICANT: LA COSTA HOTEL & SPA CASE NO; CUP-258(A) WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 16th day of September, 1987, hold a duly noticed public hearing to consider said application on property described as: Portion of Section 35, Township 12 south. Range A- west, San Bernadino Meridian, in the City of Carlsbad, County of San Diego, State of California, WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to CUP- 258(A) . NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: (A) That the foregoing recitations are true and correct. (B) That based on the evidence presented at the public hearing, the Commission APPROVES CUP-258(A), based on the following findings and subject to the following conditions: //// //// / \ Si 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 <0 t5]_7 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. 10. not have a significant detrimental impact on surrounding properties or the public health and welfare. If the Pianninq Director determines that the use has such significant adverse impacts, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to mitigatfe the significant adverse impacts. This permit may be revoked at any time after a public hearing, if it is found that the use has a significant detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extendetl for a reasonable period of time not to exceed 15 years upon written application of the permittee made not less than 90 days prior to the expiration date. In granting such extension, thp Planning Commission shall find that no substantial adverse affect on surrounding land uses or the public's health and welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public's health and welfare is found, the extension shall be considered as an original application for a conditional use permit. There is no limit to the number of extensions the Planning Commission may grant. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project ar challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unlesls the City Council determines that the project without the condition complies with all requirements of law. The maximum height of the sign shall not exceed seven feet above the cuob grade of- El Camino Real adjacent to the site. In add it ion. (landscaping shall be provided to completely hide the base o^' ^h" "^g" tnhj^r^r rg ths A^^IIUWA] ur ilre- Planninq Director 3 Prior to the issuance of a building permit, the illegal foundation, located along the eastern side of El Camino 120 feet north of Costa Del Mar Road, shall be removed sign Reai , This project shall comply with all conditions and mitigation required by the Zone 6 Local Facilities Management Plan and any future amendment to that plan made prior to the issuance of building permits. Engineering Conditions; 11. The proposed sign shall be constructed in the location shown on the site plan, i.e. approximately 200 feet north of the existing sign at the corner of El Camino Real and Costa Del Mar Road and 23 feet east of the existing curb on El Camino Real. PC RESO NO. 2678 2075 LAS PALMAS DRIVE XARLSBAD, CALIFORNIA 92009-4859 PLANNING DEPARTMENT M^B/i/M (619) 438-1161 Citp of CarliSbab PLANNING COMMISSION NOTICE OF DECISION September 22, 1987 Paul Graham 2100 Costa del Mar Road Carlsbad, California 92009 CUP-258(A) LA COSTA HOTEL & SPA At the Planning Commission meeting of September 16, 1987, your application was considered. The Commission voted 6-0 to approve your request with changes. Some decisions are final at Planning Commission, and others automatically go forward to City Council. If you have any questions regarding the final dispositions of your application, please call the Planning Department at 438-1161. MICHAEL J. HOLZMILLER Planning Director MJH:dm April 11, 1991 Ethel Timan 6818 N. Oracle Rd. Sutie 402 Tucson, AZ 85704 ' City of Carlsbad Planning Department 2075 Las Plamas Drive Carlsbad, CA 92009-4859 RE: CASEFILE: CUP 258(B)/SUP 90-13 Dear Sir/Madam: I strongly object to and challenge the Conditional Use Permit Amendement being proposed for CASE FILE: CUP 258(B)/SUP 90-13. For a parking lot at this location will not only lower property values of the Fourth La Costa Condominium but create a hazard for the owners seeking ingress and egress to their units. The owners of units in the Fourth La Costa Condominium never contemplated nor were they informed that they would live next to a parking lot. Passage of this zoning change would be a breach of good faith between the owners. La Costa and the city of Carlsbad. Very truly yours. Ethel Timan 7f PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE ^CARLSBAD, CALIFORNIA 92009-4859 (619)438-1161 Citp of Carlsfbab CORRECTED COPY September 2, 1987 La Costa Hotel and Spa 2100 Costa del Mar Road Carlsbad, California 92009 SUBJECT: Report CUP-258(A), LA COSTA HOTEL & SPA Preliminary Staff The preliminary staff report for the above referenced project will be available for you to pick up on Friday, September 4, 1987, after 8 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on Tuesday, September 8, 1987. A twenty (20) minute appointment has been set aside for you at 10:00 a.m. If you have any questions concerning your project, you should attend the D.C.C. meeting. It is necessary that you bring your required colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact the Planning Department at 438-1161. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Planning Director By: Planning Department MJH:dm PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619) 438-1161 Citp of CadiSbab September 1, 1987 La Costa Hotel and Spa 2100 Costa del Mar Road Carlsbad, California 92009 SUBJECT; Report CUP-258(A), LA COSTA HOTEL & SPA Preliminary Staff The preliminary staff report for the above referenced project will be available for you to pick up on Friday, September 4, 1987, after 8 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on Monday, September 7, 1987. A twenty (20) minute appointment has been set aside for you at 10:00 a.m. If you have any questions concerning your project, you should attend the D.C.C. meeting. It is necessary that you bring your required colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time ahov&. If you need additional information concerning this matter, please contact the Planning Department at 438-1161. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Planning Director By: Planning Department MJH:dm PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619) 438-1161 €itp of Carlflibab aune 18, 1987 Paul Graham La Costa Hotel and Spa 2100 Costa Del Mar Road Carlsbad, CA 92009 RE: CUP-258(A) LA COSTA HOTEL AND SPA The Community Development Director, the City Engineer and the planning Director have reviewed the application you submitted for the above-referenced project. Based upon this review, it has been determined that your application is incomplete. Additionally, there are major problems associated with your application which must be addressed before this application can be scheduled for a hearing. The items missing from your application and the problems or issues are listed on the attached pages. Also, the name of the project planner and project engineer is provided. You should setup a meeting with the project planner to discuss the items and issues. Once the missing items are supplied and the problems/issues have been addressed, your application will then be scheduled for a hearing. Problems/Issues Site distance from existing sign does not comply with 21 .A-1 .075(b-3) which requires 200 feet between signs. Project Planner Stan Weiler/Chris De Cerbo Project Engineer Bob Oohnson Traffic safety problem obstructs view. _sic|n_ Sign located in public right- of-way. RICK ENGINEERING COMPANY 3088 PIG PICO DRIVE, #202, CARLSBAD, CALIFORNIA 92008 (619) 729-4987 PLANNING 1^ DIVISION ^^ct/vei. July 17, l^eff I' .CITY OF »0 m? Mr. Stan Wyler ^EfiV n Planning Department • CITY OF CARLSBAD 2075 Las Palmas Drive Carlsbad, California 92009 RE: AMENDMENT TO C.U.P. 258 - LA COSTA HOTEL & SPA RICK ENGINEERING JOB NO. 8984-M Dear Stan: We have completed the amendments to the site plan you requested. The proposed sign has been moved northerly so as to be more than 200 feet from the existing sign. In addition, the sign is proposed to be located outside the public right-of-way of El Camino Real. You had also requested that the site plan be amended to include a diagram for sight distance using AASHTO criteria. The revised location doubles the site distance from that of the original location and is well beyond the minimum stopping dis- tance required. It should also be noted that the revised loca- tion does not worsen the existing line-of-sight condition. I hope the above information addresses Staff's initial concerns. We are hopeful of being scheduled for a Planning Commission hearing at the earliest possible time. Sincerely, Robert F. Gentles RFG:sls/0701 MEMORANDUM DATE: SEPTEMBER 16, 1987 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT MINOR REVISIONS TO PLANNING COMMISSION ITEMS Item 2 - SDP 87-4 LIN Revise Condition No. 7 to read: This project shall comply with all conditions and mitigation required by the Zone 1 Local Facilities Management Plan dated July 15^ 1987 and on file in the Planning Department, and any future amendment to that Plan made prior to the issuance of building permits. Item 3 - CUP 258(A) LA COSTA HOTEL Add the following finding: This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirements approved as part of the Local Facilities Management Plan for Zone 6. Add the following after Condition No. 9 (as Condition 10) This project shall comply with all conditions and mitigation required by the Zone 6 Local Facilities Management Plan and any future amendment to that plan made prior to the issuance of building permits. Revise Condition No. 8 to read as follows: The maximum height of the sign shall not exceed seven feet above the curb grade of El Camino Real adjacent to the site. In addition, landscaping shall be provided to completely hid the base of the sign subject to the approval of the Planning Director. Page 2 Item No. 4 - SDP 87-3 - HANSON Add as Condition No. 17: This project shall comply with all conditions and mitigation required by the Zone 1 Local Facilities Management Plan and any future amendment to that plan made prior to the issuance of building permits. Item No. 5 - CUP 87-7 - PACTEL Revise Condition No. 10 to read as follows: This project shall comply with all conditions and mitigation required by the Zone 15 Local Facilities Management Plan and any future amendments made prior to the issuance of building permits. CG:bjn APPLICATION SUBMITTAL DATE; MAY 7, 1987^ STAFF REPORT DATE: SEPTEMBER 16, 1987 TO; PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBGECT; CUP-258(A) - LA COSTA HOTEL & SPA - Request for a conditional use permit to allow the construction of a 40 square foot (eight feet by five feet) monument identification sign along the east side of El Camino Real, approximately 200 feet north of the existing La Costa Hotel & Spa sign. I. RECOMMENDATION: It is recommended that the Planning Commission ADOPT Resolution No. 2678 APPROVING CUP-258(A) based on the findings and subject to the conditions contained therein. II. PR03ECT DESCRIPTION AND BACKGROUND The applicant is requesting the approval for a conditional use permit to allow a A-0 square foot (eight feet by five feet) monument identification sign to be placed along the east side of El Camino Real approximately 200 feet north of the existing La Costa Hotel & Spa sign. The proposed sign will face north, so as to be visible to southbound traffic. Over the past two years, the hotel has undergone renovation and new construction. During this time, several plan changes were made to the design of the main entrance at El Camino Real and Costa Del Mar Road. Included was the signage which identifies the hotel main entrance. The existing sign is located on the northeast corner of El Camino Real and Costa Del Mar Road. This sign faces south and can only be seen by northbound traffic. Subsequently, there has been an increasing number of complaints from visitors traveling southbound on El Camino Real that it is almost impossible to identify the main entrance, especially at night. To alleviate this problem, a monument sign facing north and visible to southbound traffic is proposed. Presently, construction of a monument sign has begun. The foundation and footings are in place. The construction of the foundation violates proper procedures and City Ordinances. Removal of said foundation must be conducted prior to the construction of the new sign. September 16, 1987 CUP-258(A) LA COSTA HOTEL & SPA Page Two III. ANALYSIS Planning Issues 1. Can the findings required for approval of a conditional use permit to allow a second monument sign on the site be made? Specifically: a. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; b. That the site for the intended use is adequate in size and shape to accommodate the use; c. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained; d. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. 2. Does the sign meet the regulations of Section 21.41 (Sign Ordinance) of the Municipal Code? Discussion Staff believes the additional sign is desirable for the enhancement of the community because it would provide better identification of the main entrance to La Costa Hotel & Spa. The hotel hosts world class events and has visitors coming from all over the world. Proper identification of this facility is important to both the operators and the community. The proposed sign location is adequate in size and shape to accommodate the use. As proposed, the additional sign would be located within a drainage swale along the east side of El Camino Real. The sign is also located outside of the line of sight distance area for traffic exiting Costa Del Mar Road onto El Camino Real. In accordance, this sign location should mitigate any potential traffic safety problems. The proposed use will have no impact on existing setbacks, landscaping, and yards since the construction of the monument September 16, 1987 CUP-258(A) LA COSTA HOTEL & SPA Page Three sign will not affect any of these features. The street system will be adequate to serve the use since the adjacent streets are already improved. The use will not create any additional traffic, but will aid in directing it. The applicant's request meets the requirements of the Sign Ordinance since the proposed sign will be under 55 square feet in size and will be located at least 200 feet from the existing sign. Staff has also conditioned that the maximum height of the sign shall not exceed 7.5 feet above finished grade or seven feet above the street grade of El Camino Real. This will ensure that the sign is developed in accordance with development standards for Area 5 of the El Camino Real Corridor Standards. Overall, staff believes that all required findings can be made to approve a conditional use permit and therefore recommends approval of CUP-258(A). IV. ENVIRONMENTAL REVIEW The Planning Director has determined that this project is categorically exempt pursuant to Section 19.04.090 of CEQA guidelines and laws. ATTACHMENTS 1. Planning Commission Resoluion No. 2678 2. Location Map 3. Background Data Sheet 4. Disclosure Form 5. Exhibit "A", dated Duly 21, 1987 SW;dm 8/3/87 SITE GENERAL PLAN ZONING RLM R.VI R.MH RH RRI RUE RS CBD PI H P SRR RESIDINTIAL LOW DRN^rn I IV 1 i . LOW MEDII M DENsm (0 4) MEDIl M DENSITY'I 4H) MEDIl M HIGH DENSITT I 8-I HIGH DENSm i l^-2_< i COMMERCIAL I.STEShlVE REGIONAL RETAIL leg Pljza l.iminii Real I EXTENSIVE REGIONAL RETAIL I eg Car Countn I arlvbad > REGIONAL ^ER\K:E l.OMMl NirVCO.MMERCLAL NEIGHBORHOOD COMMERGL^L TR-AVEL SERVICES COVlMERi;L\L PRtlFE^MONAL REL\rED CENTRAL BLSINESS DISTRiCT PLANNED INDI STRIAL (.0\ER.NMENT FACILITIES PI BLIC I riLlTIES RECREATION COMMERCLAL SCHOOLS ELEMENTARY JI NIOR HIGH HIGH M HOOL PR1\ATE OPEN sp\< E NON RESIDENTIAL RESERVE PC R A RE R I R ; R < R *L RI> M RD H R.MHP R P RT R* O €1 C 2 CT CM M P M FP L C OS RESIDINTIAL PLA.N?>ED COMMI'NIT^ ZONE RESIDENTLAL AGRiCl LR RAL Z(JNE RL fLKL RESIDENTLAL ESTATE Z(JNE ONE FAMIL1 RESIDENTLAL ZONE r« 0 FA.MILV RESIDENTIAL ZONE \il LTIPU FAMILY' RESIDENTLAL ZON'E UMITED ML Ln FAMILY RESIDENTLAL ZONE RfSIDENTI.AL DENSITY'ML LTIPLE ZONE RESIDENTLAL DENSITY-HIGH ZONE RESIDENTIAL MOBILE HOME PARK ZONE RESIDENTIAL PROFESSIONAL Z(5NE RESIDENTLAL TOI RIST ZONE RESIDENTLAL 'OlATERWAV ZONE COMMERCIAL OFFICE^ONE NEIGHBORHOOD COMMER< I AL ZONE GENERAL COMMERCLU ZONE COMMERCLU TOLRIST ZONE HEAVY COMMERCLAL LLMITED LNT>1 STRLU ZONE LN-DLSTRLAL ZON1 PIAN>'ED LNDLSTTUAL ZONE OTHER ROODPLALN OVERLAY ZONE LLMITED CONTROL OPEN SPACE City of Carlsbad LA COSTA P L PL3UC LTIUTY ZON^ II ,„_, ,1 HOTEL & SPA CUP-258(A) i BACKGROUND DATA SHEET CASE NO: CUP-258(A) APPLICANT; LA COSTA HOTEL AND SPA REQUEST AND LOCATION: Placement of a 40 sq. ft. (8' x 5') sign for La Costa Hotel and Spa approximately 200' north of main entrance east side of El Camino LEGAL DESCRIPTION; Portion of Section 35, Township 12 south, range 4 west, San Bernadino Meridian, in the City of Carlsbad, in the County of San Diego, State of California. APN: 216-123-04 Acres N/A Proposed No. of Lots/Units GENERAL PLAN AND ZONING Land Use Designation Hotel sign Density Allowed Existing Zone C-2 Density Proposed Proposed Zone C-2 Surrounding Zoning and Land Use: Zoning Site C-2 North R-1 South R-P-RDM-PC East P-C West P-C Land Use Hotel & Spa Single Family Residence San Marcos Creek Golf Course Batiquitos Lagoon School District Carlsbad PUBLIC FACILITIES Water Carlsbad Sewer Leucadia EDU's Public Facilities Fee Agreement, dated ENVIRONMENTAL IMPACT ASSESSMENT ^Negative Declaration, issued E.I.R. Certified, dated June 23, 1987 Other, Categorically exempt DISCLOSORB FORM ^ APPLICANT: La Costa Hotel and Spa. (General Partnership) (individual, partnership, joint venture, corporation, syndication) 2100 Costa del Mar Road, Carlsbad, California 92009 Buainess Address ~ (619) 438-9111 Telephone Number AGENT: Paul Graham Name 2100 Costa del Mar Road, Carlsbad, California 92009 Business AiSdress I (619) 438-9111 Telephone Nunber MEMBERS: Allard Roen (Partner) Name (individu2LL, partner, joint HGone Addr^F venture, corporation, syndication) 21Q0 Costa del Mar Road Business Address . Carlsbad. California 92009 (619) 4.^R-9ni el Telephone Nunber Telephone Nunber Merv Adelson (Partner) ^ Name Heme J^dr^ Lorimar Productions 10^02 West Washin^rtbn Boulevard. Culver City. CA 90230 Business Address (213) 836-3000 Telephone Nunber Telephone Nurber (Attach more sheets if necessary) The applicant is required to apply for Coastal CcMsnission Approval if located In the Coastal Xone. I/Vfe declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and nay be relied upon as being true and correct uitil amended. APPLfCANT . BY Agfht, Owner, Partner