HomeMy WebLinkAboutCUP 258B; La Costa Hotel Employee Parking; Conditional Use Permit (CUP)PRELIMINARY REMEW APPLICATION
PROJECTNAME: La Costa Resort and Spa Creek Parking Lot
OWNER (Pnnt or type)
* KSL La Costa Resort & Spa
Address 11200 Costa Del Mar Road
City, State & Zip Carlsbad. CA 92009
Telephone (760) 931-7575
Signature /-^-^^-^ ^ (^
APPLICANT (Pnnt or type)
KSL Development Corporation
Address 11200 Costa Del Mar Road
City, State & Zip Carlsbad. CA 92009
Telephone (760) 931-7575
Signature, U>1 ^.
Print Name jyinj^cMA^L p. C-t^sr^A: Print Name (^i:C^AiX- A (U^i6 7:iuK
*Owner's signature indicates permission to conduct a preliminary review for a development proposaL
PROJECT ASSESSOR'S PARCEL NUMBER(S) (APN): 216-123-05 and 07
DESCRIPTION OF PROPOSAL (ADD ATTACHMENT IF NECESSARY):
Construction of parking facility and associated grading for use by the
La Costa Resort and Spa
WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF
• PLANNER/ENGINEER? YES NO
PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO
REGARDING THIS PROJECT. IF NONE, PLEASE SO STATE.
Gary Wayne. Chris DeCerbo RECEIVED
JUM I 8 2002
FOR CITY USE ONLY
PROJECT NUMBER:
CiTY OF CARLSBAD
PLANNING DEPT.
FEE REQUIRED/DATE FEE PAID: ^ H(^C> .<^0
RECEIPT NO.: ^^JX^X^^<^^
RECEIVED BY: (>
Routing: Planning Q Engineering Q Fire Q Water Q Other_
FRM0025 12/99 PAGE 3 of 3
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 9200!
Receipt
Applicant: KSL DEVELOPMENT CORPORATION
Description Amount
PRE02029 460.00 9538 06/18/02 0002 01 02
CGP 460»
Not valid unless validated by Cash Register
PLEASE RETAIN RECEIPT FOR REFUNDS OR ADJUSTMENTS
Receipt Number: R0027969
Transaction Date: 06/18/2002
Pay Type Method Description Amount
i/ment Check 078403 460.00
Transaction Amount: 460.00
,r 4
CriY OF CARLSBAD
LAND USE REVIEW APPUCATION FOR PAGE 1 OF 2
1) APPLICATIONS APPUED FOR: (CHECKBOXES)
(FOR DEPT
USE ONLY)
• Master Plan
• Specific Plan
• Precise Development Plan
D Tentative Tract Map
• Planned Development Permit
Q Non-Residential Planned Development
• Condominium Permit
Special Use Penrut (Floodpla:m §
Scenic Corridor)
• Redevelopment Pennit
• Tentarive Parcel Map
Q Administrarive Variance
• General Plan Amendment
• Local Coastal Plan Amendment
• Site Development Pian
• Zone Change
pf^ Conditional Use Permit Amd .
• Hillside Development Permit
• Environmental Impact Assessment
• Variance
• Planned Industrial Permit
• Coastal Development Permit
• Planning Commission Determination
• List any other applications not specificed
(FOR DEPT
USE ONLY!
2) LOCATION OF PROJECT: ON THE East SIDE OF El Camino Real
(NORTH. SOUTH EAST, WEST) (NAME OF STREET)
BET.VEEN Costa Del Mar Rd AND La Cnst-a Rnnlpvarrl
(NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION
(NAME OF STREET)
iRIEF LEGAL DESCRIPTION: I Lot 3 La Costa rnndnmin^.m, .M-i^ ^
and portion of T,nt 14 Wt-inn T i? R 4 w
^SESSOR PARCELNO(S). | 216-123-05. 216-2]n-4) ASSESSOR PARCEL NO(S)
5) LOCAL FACIUTIES
MANAGEMEfn* ZONE
8) EXISTING ZONING
11) PROPOSED NUMBER OF
RESIDENTIAL UNITS
216-123-05. 216-210-04, Pr^rtir^n 71^-1 ?^-n^
N/A
6) EXISTING GENERAL PLAN
DESIGNATION
9) PROPOSED ZONING
12) PROPOSED NUMBER
OF LOTS
RC
P-C
N/'A
7) PROPOSED GENERAL PL\N
DESIGNATION
10) GROSS SFTE
ACREAGE
13) TYPE OF SUBDIVISION
Is-. 7/v}:
N/A
(RESIDENTIAL
C0MMERCL«1
•INDUSTRLM.)
14) NUMBER OF EXISTING RESIDENTIAL UNfTS N/A
15) PROPOSED INDUSTRIAL
OFFICE/SQUARE FOOTAGE
N/A 16) PROPOSED COMMERCLU
SQUARE FOOTAGE MA.
NOTE: A PIUX«6ED P1UXJBCT RBQUIUNQ THAT UULTB^
REQUIUNQTHATQM:yorCAPniCAT]ONBElUSOMLiSTBESUBMrnzOIW FKMC0016&'9(>
CITi' OF CARLSBAD
LAND USE REVIEW APPUCATION FORM PAGE 2 OF 2
17) PERCENTAGE GF PROPOSED PROJECT IN OPEN SPACE
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELUNG UNITS
N/A
N/A
N/A 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC
20) PROJECT NAME: fia Costa Hotel and .Spa Employee Parking T.nf
21) BRIEF DESCRIPTION OF PROJECT: SlO-Space Employee Parking Lot
Relocation
22) IN THE PROCESS OF REVIEWING THIS APPUCATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,
PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS. OR CITY COUNCIL MEMBERS TO INSPECT AND
ENTER THE PROPERTY ;5HAT IS JHE SUJECTiDF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS
PURPOSE X
ITY IHAT IS THE SUBJECT DF THIS AP
SIGI^fURE
Note: Please copy all correspondence related to this project to Rick Engineering
rnmp^nv, 1Q5Q Palomar Oaks Way. Suite 200. Carlsbad. Califomia 92009. Attn: Bob_Ladwig
23) OWNER 24) APPUCANT
NAME (PRINT OR TiTE)Attn: Paul Graham
La Costa Hotel and Spa
NAME (PRINT OR TYPE)
Same
MAIUNG ADDRESS
2100 Costa Del Mar Road, Exec. Suites
MAJUNG ADDRESS
CriY AND STATE ZIP
Carlsbad, CA. 92009
TELEPHONE
(619) 438-9111
crnr AND STATE ZIP TELEPHONE
I CERTIFY THAT 1 AM THE LEGAL OWNER
AND THAT AU THE ABOVE INFORJWATKDN
is TRUE AND OORRECT TO THE BEST OF
MY KNOWLEDGE.
Siq>fl\TIIBF DATE
I CERTIFY THAT I AM THE LEGAL OWNER'l REPRESENTATIVE AND
THAT AU THE ABC7VE INFORMATION IS TRUE AND OORRECT TO THE
BEST OF MY KNOWLEDGE.
^IGNATURE DATE .
FOR CITY USE ONLY
FEE COMPUTATION:
APPUCATION TYPE FEE REQUIRED
/'
ry..
CJ./ or
O 2 or
u, ^
OQ:
>• -J
O w
Q
JBeceivedf
CITY QF CARLSBAD
RECEIVED BY:
3
TOTAL FEE REQUIRED
DATE FEE PAID RECEIPT NO.
I'.'-'l I',
}'.\\ :••]
RK :K KN( xlNI<:KRiN(; COMmNY
J-11347-E
January 11, 1991
JWR:emn
Proposed language conditioning closure of proposed employee parking
facility:
The applicant shall submit to the City a hydrology report based
on 5, 10 and 50-year storm events for the San Marcos Creek.
The report will describe the necessary chain of events leading
to the flooding of the proposed parking facility.
Based on the San Marcos Creek Hydrology Report, the applicant
will enter into an agreement with the City to close the
proposed employee parking lot when the parameters leading to a
flooded condition exist.
The applicant shall post signs at the entrance to the proposed
parking lot warning users of the flood potential. The sign
shall read as follows:
Warning: This lot subject to flooding during the rainy season.
The lot will be closed and all cars removed in the event of
flooding potential.
195^ r'WTiuir O.iks W.u
Suite 2l)f)
C.irlsb.id, CA 'OOU'-i
! f 1^ I 4 ^ 1 -.N^l II I
RICK ENGINEERING COMPANY
January 11, 1991
Ms. Anne Hysong
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, California 92009
SUBJECT: LA COSTA LAUNDRY FACILITY
(RICK ENGINEERING JOB NUMBER 11347-E)
Dear Anne:
Rick Engineering Company has been asked to comment on the laundry
facility impact on average daily trip (ADT) generation to and from
the La Costa Hotel and Spa during any given shift.
The Hotel and Spa currently operates an 1,800-square foot laundry
facility employing four people. The existing laundry is undersized
to meet the needs of the hotel and spa; consequently, the Hotel and
Spa contracts with an outside firm to pickup the over-flow laundry.
This results in eight deliveries in one day to the Hotel and Spa.
The total trips generated are twelve.
The proposed laundry facility is 11,500-square feet and employs
twelve people. The new facility will eliminate the need for
outside services thus eliminating laundry truck deliveries and
pickups. The total trips generated are twelve with the new
facility.
•
Ms. Anne Hysong
January 11, 1991
Page 2
The existing laundry building will be converted for existing Hotel
and Spa activities. The conversion for existing activities will
not require additional employees.
The net result is no increase in the average daily trips generated
by the proposed laundry facility for any given shift.
If there are any questions, please give me a call.
Sincerely,
RICK ENGINEERING COMPANY
Cjohn W. Rick
JWR:emn.003
cc: Mr. Paul Graham, La Costa Hotel and Spa
Mr. Robert C. Ladwig, Rick Engineering Company
fiH TICOR TITL€ INSURANCE pki4n/m
IFORNIA ^ ^ TICOR TITLE INSURANCE COMPANY OF CAL!
925 "B" STREET SAN DIEGO. CALIFORNIA 92101
P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081
PRELIMINARY REPORT
MARCH 28, 1990
LA COSTA HOTEL AND SPA
ATTN: PAUL GRAHAM
COSTA DEL MAR ROAD
CARLSBAD, CALIFORNIA 92008
YOUR REFERENCE:
OUR ORDER NO. :
LA COSTA HOTEL
1182342
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 THE ATTACHED COVER. COPIES OF THE
POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH
ISSUED THIS REPORT.
THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED
THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED AT 7:30 A.M. AS OF , MARCH 20,^1990
^ ///
TITLE OFFICER: WILLIAM BEALL TEL 619 544-6221
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
( ) ALTA RESIDENTIAL TITLE INSURANCE POLICY - (6-1-87)
( ) ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE
( ) CLTA STANDARD COVERAGE POLICY - 1988
( ) ALTA OWNER'S POLICY (10-21-87)
1182342 PAGE
TICOR TITLE INSURANCE
i
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT
IS: A FEE AS TO PARCELS 1, 2, 3A, 3B, 3C, 3D AND 5; AN
EASEMENT AS TO PARCELS 4, 6, 7 AND 8 AND
A LEASEHOLD ESTATE AS TO PARCEL 9 OF THE PISCES RESTAURANT
CREATED BY THAT CERTAIN LEASE OF SAID LAND, EXECUTED BY AND
BETWEEN THE PARTIES NAMED HEREIN, FOR THE TERM AND UPON THE
TERMS, COVENANTS AND CONDITIONS THEREIN PROVIDED,
TYPE OF LEASE: RESTAURANT
DATED NOVEMBER 20, 1987
LESSOR IRWIN A. MOLASKY, MERV ADELSON AND ALLARD ROEN,
AS TRUSTEES OF THE EL CAMINO PROPERTIES TRUST
UNDER AGREEMENT AND DECLARATION OF TRUST DATED
JUNE 16, 1986, AS AMENDED JUNE 16, 1987
LESSEE : LA COSTA HOTEL AND SPA CORPORATION, A
CALIFORNIA CORPORATION
RECORDED NOVEMBER 20, 1987, RECORDER'S FILE NO.
87-651092
AFFECTS: THAT PORTION OF SAID PARCEL 9 LAND DESCRIBED IN
SCHEDULE "C" OCCUPIED BY THE PISCES RESTAURANT
THE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA CORPORATION
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS
FOLLOWS:
THE FOLLOWING MATTERS AFFECT PARCEL 1:
1. GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, IF ANY,
COLLECTED WITH SAID TAXES.
FOR THE FISCAL YEAR : 1990-91
INCLUDING PERSONAL PROPERTY TAX, IF ANY,
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
TAXATION CODE OF THE STATE OF CALIFORNIA.
GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, IF ANY,
COLLECTED WITH SAID TAXES.
1182342 PAGE 2
TICOR TITLE INSURANCE
FOR THE FISCAL YEAR ; 1989-90
INCLUDING PERSONAL PROPERTY TAX, IF
SECOND INSTALLMENT NOW DUE AND
2. THE RIGHTS OF THE PUBLIC TO USE
WITHIN LA COSTA AVENUE.
ANY,
PAYABLE
ANY PORTION OF SAID LAND THAT LIES
AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
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
A PORTION OF SAID LAND
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
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
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
ROAD SURVEY NO. 682, AS SHOWN ON THE PLAT ATTACHED
HERETO
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.
AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
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
A 150 FOOT STRIP OF LAND
AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY
AN EASEMENT AND RIGHT OF WAY
APRIL 16, 1954 IN BOOK 5207, PAGE 161 OF OFFICIAL
RECORDS, RECORDER'S FILE NO. 49841
A 100 FOOT STRIP OF LAND
7. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
1182342 PAGE 3
TICOR TITLE INSURANCE
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND
FOR TELEPHONE PURPOSES
MAY 12, 1954 IN BOOK 5235, PAGE 133 OF OFFICIAL
RECORDS
A 100 FOOT STRIP OF LAND
8. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF :
FOR :
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
A LINE OR INDEPENDENT LINE OF POLES AND/OR STEEL
TOWERS, AND WIRES AND/OR CABLES SUSPENDED THEREON AND
SUPPORTED THEREBY
OCTOBER 16, 1956 IN BOOK 6301, PAGE 162 OF OFFICIAL
RECORDS
A 150 FOOT STRIP OF LAND
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.
NOTE: A RIGHT-OF-WAY USE AGREEMENT DATED SEPTEMBER 30, 1986, BY AND
BETWEEN SAN DIEGO GAS & ELECTRIC COMPANY, AND LA COSTA HOTEL AND SPA,
A CALIFORNIA PARTNERSHIP, WAS RECORDED OCTOBER 7, 1986, RECORDER'S
FILE NO. 86-449867.
AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT
SEWER PIPE
AUGUST 11, 1961, RECORDER'S FILE NO. 138157, SERIES
2, BOOK 1961 OF OFFICIAL RECORDS
A PORTION OF SAID LAND
10. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
CARLSBAD MUNICIPAL WATER DISTRICT
SEWER LINES AND PIPE LINES
FEBRUARY 27, 1962, RECORDER'S FILE NO. 33068, SERIES
3, BOOK 1962 OF OFFICIAL RECORDS
A STRIP OF LAND 20 FEET WIDE
NOTE: A PORTION OF SAID EASEMENT WAS ELIMINATED BY AN INSTRUMENT
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
FOR
RECORDED
AFFECTS
CARLSBAD MUNICIPAL WATER DISTRICT
PIPE LINE OR PIPE LINES
FEBRUARY 27, 1962, RECORDER'S FILE NO. 33069
A PORTION OF SAID LAND
1182342 PAGE
TICOR TITLE INSURANCE
A PORTION OF SAID EASEMENT WAS ELIMINATED BY AN INSTRUMENT RECORDED
JANUARY 26, 1973, RECORDER'S FILE NO. 73-023369.
12. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF :
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
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
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY
STEEL TOWERS
JUNE 20, 1962, RECORDER'S FILE NO. 104913
A 150 FOOT STRIP OF LAND
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
FOR
RECORDED
AFFECTS
OF SAN DIEGO GAS & ELECTRIC COMPANY
POLES, WIRES AND ANCHORS
JUNE 11, 1964, RECORDER'S FILE NO.
A PORTION OF SAID LAND
105863
16. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
COUNTY OF SAN DIEGO
STORM DRAIN
JANUARY 13, 1965, RECORDER'S FILE NO. 6647
A PORTION OF SAID LAND
17. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
COUNTY OF SAN DIEGO
INGRESS AND EGRESS
FEBRUARY 16, 1965, RECORDER'S FILE NO. 27698
WITHIN THE BOUNDARIES OF THE EXISTING GOLF COURSE
AND/OR GREENBELT AREAS
18. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED NOT DISCLOSED
BY AND BETWEEN : RANCHO LA COSTA, INC., A CORPORATION, AND SAN DIEGO
1182342 PAGE
TICOR TITLE INSURANCE
REGARDING
RECORDED
GAS & ELECTRIC COMPANY, A CORPORATION
AN ELECTRIC EASEMENT
FEBRUARY 17, 1965, RECORDER'S FILE NO. 28607
SAID MATTER AFFECTS:
THE UNDERGROUND ELECTRICAL SYSTEM FOR LA COSTA COUNTRY CLUB
19. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF :
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT, A POLITICAL
SUBDIVISION
A SEWER PIPE LINE, PUMPING STATION AND APPURTENANCES
JULY 9, 1965, RECORDER'S FILE NO. 123282
A PORTION OF SAID LAND
NOTE: PORTION OF PARCEL 8 OF SAID EASEMENT ELIMINATED BY DOCUMENT
EXECUTED BY LEUCADIA WATER DISTRICT AND RECORDED OCTOBER 23, 1987,
RECORDER'S FILE NO. 87-598017.
NOTE: PORTION OF PARCEL 10 OF SAID EASEMENT ELIMINATED BY DOCUMENT
EXECUTED BY LEUCADIA WATER DISTRICT AND RECORDED OCTOBER 23, 1987,
RECORDER'S FILE NO. 87-598018.
NOTE: PORTION OF PARCEL 11 OF SAID EASEMENT ELIMINATED BY DOCUMENT
EXECUTED BY LEUCADIA WATER DISTRICT AND RECORDED OCTOBER 23, 1987,
RECORDER'S FILE NO. 87-598019.
NOTE: PORTION OF SAID EASEMENT ELIMINATED BY DOCUMENT EXECUTED BY
LEUCADIA WATER DISTRICT AND RECORDED OCTOBER 23, 1987, RECORDER'S FILE
NO. 87-598020.
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
COUNTY OF SAN DIEGO
PUBLIC ROAD
FEBRUARY 17, 1966, RECORDER'S FILE NO. 28608
ROAD SURVEY NO. 682
IN FAVOR OF
FOR
RECORDED
AFFECTS
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.
21. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY
POLES, WIRES AND ANCHORS
JUNE 16, 1966, RECORDER'S FILE NO. 99315
LOTS 10 AND 14 OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE
4 WEST
SAID MATTER AFFECTS:
THE UNDERGROUND ELECTRICAL SYSTEM FOR LA COSTA VALLEY CONSTRUCTION
BUILDING AND SHOW RING
1182342 PAGE
TICOR TITLE INSURANCE
STATED HEREIN,
IN FAVOR OF
FOR :
22. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
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
JULY 11, 1966, RECORDER'S FILE NO. 112556
AS SHOWN ON EXHIBIT "A" ATTACHED TO SAID DOCUMENT,
BEING UNDERGROUND FACILITIES FOR LA COSTA VALLEY
COUNTRY CLUB AND COTTAGES
RECORDED
AFFECTS
23. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
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
GAS LINES FOR LA COSTA VALLEY COUNTRY CLUB AND
COTTAGES
24. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
COUNTY OF SAN DIEGO
STORM DRAIN
SEPTEMBER 6, 1966, RECORDER'S FILE NO. 145066
A PORTION OF SAID LAND
25. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF :
FOR :
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
COUNTY OF SAN DIEGO
INGRESS AND EGRESS FOR REPAIRING AND MAINTENANCE OF
DRAINAGE FACILITIES
SEPTEMBER 30, 1966, RECORDER'S FILE NO. 158817
WITHIN THE EXISTING BOUNDARIES OF THE GOLF COURSE AND
GREEN BELT AREAS
26. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY
OCTOBER 27, 1966, RECORDER'S FILE NO. 172022
LOTS 5 AND 10, SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4
WEST - FACILITIES FOR LA COSTA LAUNDRY
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 SAN DIEGO GAS & ELECTRIC COMPANY
1182342 PAGE
TICOR TITLE INSURANCE
FOR,
RECORDED
AFFECTS
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY
NOVEMBER 17, 1966, RECORDER'S FILE NO. 181876
AN UNDERGROUND ELECTRICAL SYSTEM AS SHOWN ON EXHIBIT
"A" ATTACHED TO SAID DOCUMENT
28. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY
TRANSMISSION AND DISTRIBUTION OF GAS
NOVEMBER 23, 1966, RECORDER'S FILE NO. 184937
LOTS 5, 10, AND 14 IN SECTION 35
29. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF :
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT, A POLITICAL
SUBDIVISION
SEWER PIPELINES
JANUARY 26, 1968, RECORDER'S FILE NO. 14749
A PORTION OF SAID LAND
30. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF :
FOR
RECORDED :
AFFECTS :
AFFECTING THE PORTION OF SAID LAND
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT, A
SUBDIVISION
INGRESS AND EGRESS AND FOR PUBLIC
PURPOSES
AUGUST 11, 1961, RECORDER'S FILE
A PORTION OF LOT 9 IN SECTION 35
AND FOR THE PURPOSES
POLITICAL
UTILITY AND SANITARY
NO. 138156
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
FOR
RECORDED
AFFECTS
OF SAN DIEGO GAS & ELECTRIC COMPANY
POLES, WIRES AND ANCHORS
OCTOBER 17, 1961, RECORDER'S FILE NO. 180018
LOTS 14 AND 15 IN SECTION 34
32. AN EASEMENT. AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT.
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT
SEWER PIPE LINE OR PIPE LINES
OCTOBER 8, 1963, RECORDER'S FILE NO. 179421
A 10 FOOT STRIP OF LAND IN LOT 9 OF SECTION 35
33. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
BY AND BETWEEN
REGARDING :
RECORDED :
SAID MATTER AFFECTS
RANCHO LA COSTA, INC., A NEVADA CORPORATION AND LA
COSTA LAND COMPANY, AN ILLINOIS CORPORATION, AND
ROBERT E. CANTWELL III AND MARIANNE CANTWELL.
HUSBAND AND WIFE AS JOINT TENANTS
A LICENSE FOR PEDESTRIAN AND GOLF CART PURPOSES
APRIL 17, 1968, RECORDER'S FILE NO. 63823
1182342 PAGE 8
gl TICOR TITLE INSURANCE
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°11'13" WEST 67.67 FEET TO THE
TRUE POINT OF BEGINNING OF SAID CENTER LINE; THENCE SOUTH 2''48'47"
WEST 150.00 FEET; THENCE SOUTH 66M8'47" 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.
34. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN.
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
CARLSBAD MUNICIPAL WATER DISTRICT
PIPE LINE
MAY 8, 1968, RECORDER'S FILE NO. 76854
A 20 FEET STRIP OF LAND IN THE NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER AND THE NORTH 1/2 OF THE
SOUTHWEST 1/2 OF SECTION 25
35. AN EASEMENT. AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
CARLSBAD MUNICIPAL WATER DISTRICT
PIPE LINE
MAY 8, 1968, RECORDER'S FILE NO. 76856
A 20 FOOT STRIP OF LAND IN THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER AND THE NORTH 1/2 OF THE
SOUTHWEST QUARTER OF SECTION 36
36. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
COUNTY OF SAN DIEGO
PUBLIC ROAD
MAY 29, 1968, RECORDER'S FILE NO. 90112
ROAD SURVEY NO. 1886, LYING WITHIN PORTIONS OF
SECTIONS 35 AND 36
NOTE: A PORTION OF SAID EASEMENT WAS 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.
1182342 PAGE
gl TICOR TITLE INSURANCE
EXCEPT THAT
SUBDIVISION
NO. 6117 IN
PORTION LYING
OF LA COSTA -
THE OFFICE OF
WITH LA COSTA AVENUE AS DEDICATED IN THE
SOUTH UNIT NO. 1. ACCORDING TO MAP THEREOF
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.
37. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
COUNTY OF SAN DIEGO
PUBLIC ROAD
MAY 29, 1968. RECORDER'S FILE NO. 90113
ROAD SURVEY NO. 1796-66. LYING WITHIN PORTIONS OF
SECTIONS 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.
38. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY
ROAD, INGRESS AND EGRESS AND PUBLIC UTILITY
SEPTEMBER 11, 1968, RECORDER'S FILE NO. 156163
A 20 FOOT STRIP IN SECTION 25
39. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF :
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY
THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND
FOR ALL PURPOSES CONNECTED THEREWITH, UNDERGROUND
FACILITIES CONSISTING OF MANHOLES, HANDHOLES AND
JUNCTION BOXES WITH 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 A PORTION OF LOT 14 IN
SECTION 35
40. COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN 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.
41. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN
IN FAVOR OF
FOR
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
BIOS. INC.. A CALIFORNIA CORPORATION
SEWER
1182342 PAGE 10
gl TICOR TITLE INSURANCE
RECORDED
AFFECTS
DECEMBER 23, 1968
A 5 FOOT STRIP OF
TO BE APPURTENANT
RECORDER'S
LAND IN LOT 4
TO LOT 228 OF
FILE NO. 224061
SECTION 35,
LA COSTA VALLEY NO
STATED HEREIN,
IN FAVOR OF :
FOR
42. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
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
DECEMBER 23, 1968, RECORDER'S FILE NO. 224807
A PORTION OF LOT 10 OF SECTION 35
RECORDED
AFFECTS
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
FOR
RECORDED
AFFECTS
OF SAN DIEGO GAS & ELECTRIC COMPANY
GAS PIPE LINES
MARCH 20. 1969.
A PORTION OF LOT
RECORDER'S FILE NO. 49242
14 OF SECTION 35
44. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
CARLSBAD MUNICIPAL WATER DISTRICT
PIPE LINE
MARCH 21. 1969, RECORDER'S FILE NO. 49324
A 10 FOOT STRIP OF LAND LYING WITHIN A PORTION OF THE
NORTHEAST QUARTER OF SECTION 35
45. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED
BY AND BETWEEN
REGARDING
RECORDED
NOT DISCLOSED
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
SAID MATTER AFFECTS:
THE NORTH HALF OF THE SOUTHEAST QUARTER AND THE 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.
46. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT
SEWER PIPE LINE, AS SHOWN ON THE PLAT ATTACHED HERETO
AUGUST 15, 1969. RECORDER'S FILE NO. 149041
A 10 FOOT STRIP OF LAND
NOTE: PORTION OF SAID EASEMENT ELIMINATED BY DOCUMENT EXECUTED BY
LEUCADIA WATER DISTRICT AND RECORDED OCTOBER 23. 1987. RECORDER'S FILE
1182342 PAGE 11
TICOR TITLE INSURANCE
NO. S7-598020.
47. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED
BY AND BETWEEN
REGARDING
RECORDED
NOT DISCLOSED
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
STATED HEREIN.
IN FAVOR OF :
FOR :
48. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
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
AUGUST 28. 1969. RECORDER'S FILE NO. 158721
AN 8 FOOT STRIP OF LAND, LYING WITHIN A PORTION OF
SECTION 25
RECORDED
AFFECTS
49. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY
POLES, WIRES AND ANCHORS
AUGUST 28, 1969, RECORDER'S FILE NO. 158741
A 12 FOOT STRIP OF LAND LYING IN THE SOUTHWEST QUARTER
OF SECTION 25
50. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT
PIPE LINE
SEPTEMBER 16, 1969, RECORDER'S FILE NO. 169171
A PORTION OF SAID LAND
51. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT
SEWER PIPE
OCTOBER 23, 1969. RECORDER'S FILE NO. 194576
A 10 FOOT STRIP OF LAND IN THE WEST 1/2 OF SECTION 36
52. AN EASEMENT. AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT.
STATED HEREIN.
IN FAVOR OF
FOR
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY. A CORPORATION
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
1182342 PAGE 12
TICOR TITLE INSURANCE
RECORDED
AFFECTS
PLACED THEREIN AND ALL NECESSARY MISCELLANEOUS
EQUIPMENT AND MATERIAL CONNECTED THEREWITH
NOVEMBER 10, 1969, RECORDER'S FILE NO. 206119
A 10 FOOT STRIP OF LAND IN SECTION 35
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,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AND INCIDENTAL PURPOSES
COUNTY OF SAN DIEGO
DRAINAGE CHANNELS
NOVEMBER 13, 1969, RECORDER'S FILE NO. 208551
A PORTION OF LOT 9 IN SECTION 35 AND A PORTION LOT 5
IN SECTION 35
54. 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 COUNTY FLOOD CONTROL DISTRICT, ZONE 1
DRAINAGE CHANNEL
NOVEMBER 18, 1969, RECORDER'S FILE NO. 211764
A PORTION OF SAID LAND
55. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT
SEWER PIPE
DECEMBER 1, 1969, RECORDER'S FILE NO. 217921
A 10 FOOT STRIP OF LAND IN THE SOUTHEAST QUARTER OF
SECTION 36
56. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN.
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT
SEWER PIPE LINE
DECEMBER 3, 1969, RECORDER'S FILE NO. 219701
A PORTION OF SAID LAND
57. 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
58. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
COUNTY OF SAN DIEGO
DRAINAGE CHANNEL
DECEMBER 3, 1969, RECORDER'S FILE NO. 220242
A PORTION OF SAID LAND
1182342 PAGE 13
TICOR TITLE INSURANCE
59. ,AN EASEMENT. AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT. AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
CARLSBAD MUNICIPAL WATER DISTRICT
PIPE LINE
MARCH 4. 1970, RECORDER'S FILE NO. 38849
A PORTION OF THE SOUTH 1/2 OF THE NORTHEAST QUARTER OF
SECTION 36
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
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
FOR
RECORDED
AFFECTS
OF COUNTY OF SAN DIEGO
PUBLIC ROAD
MARCH 5, 1970, RECORDER'S
ROAD SURVEY 2038
FILE NO. 40410
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.
61. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1
DRAINAGE CHANNEL
MARCH 24, 1970, RECORDER'S FILE NO. 51747
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 36
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 : THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1
FOR : DRAINAGE CHANNEL
RECORDED : JUNE 18, 1970, RECORDER'S FILE NO. 106332
AFFECTS A PORTION OF THE NORTHWEST QUARTER OF SECTION 36
63. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
COUNTY OF SAN DIEGO
PUBLIC ROAD
JUNE 26, 1970, RECORDER'S FILE NO. 111896
ROAD SURVEY NO. 1800-1, LYING WITHIN A PORTION OF 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.
64. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT
ACCESS ROAD AND SLOPES
JULY 7, 1970, RECORDER'S FILE NO. 118117
1182342 PAGE 14
r TICOR TITLE INSURANCE
AFFECTS A PORTION OF SECTION 35
65. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
CARLSBAD MUNICIPAL WATER DISTRICT
PIPE LINE
JULY 8, 1970, RECORDER'S FILE NO. 119260
A PORTION OF SECTION 35
66. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT
PIPE LINE
JULY 13, 1970, RECORDER'S FILE NO. 121408
A PORTION OF LAND ADJACENT TO LA COSTA SOUTH UNIT 5
67. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT
PIPE LINE
AUGUST 25, 1970, RECORDER'S FILE NO. 152444
A 10 FOOT STRIP IN THE EAST 1/2 OF SECTION 35
68. COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION
OF RESTRICTIONS
RECORDED AUGUST 19, 1970, RECORDER'S FILE NO. 148260
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
IT ALSO PROVIDES 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
MODIFIED BY AN INSTRUMENT
RECORDED SEPTEMBER 2,
AND RESTRICTIONS HAVE BEEN PURPORTEDLY
1970, RECORDER'S FILE NO. 159552
69. AN EASEMENT. AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
COUNTY OF SAN DIEGO
DRAINAGE CHANNELS
MAY 14, 1971, RECORDER'S FILE NO. 100644
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 26
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
FOR
RECORDED
AFFECTS
OF COUNTY OF SAN DIEGO
DRAINAGE CHANNELS
JUNE 4. 1971, RECORDER'S
A PORTION OF SECTION 35
FILE NO. 117673
1182342 PAGE 15
TICOR TITLE INSURANCE
71. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT
PIPE LINE
JUNE 7, 1971, RECORDER'S FILE NO. 118184
A PORTION OF THE SOUTH 1/2 OF SECTION 25 AND THE NORTH
1/2 OF SECTION 36
72. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT
PIPE LINE
FEBRUARY 4, 1972, RECORDER'S FILE NO. 27913
A PORTION OF LOTS 10, 14 AND 11 OF SECTION 35
73. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY
POLES, WIRES AND ANCHORS
MARCH 21, 1957 DOCUMENT NO. 42195 IN BOOK 6504, PAGE
206 OF OFFICIAL RECORDS
A 150' STRIP OF LAND
74. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
COUNTY OF SAN DIEGO
PUBLIC ROAD
NOVEMBER 13, 1969, RECORDER'S FILE NO. 208550
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.
75. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
COUNTY OF SAN DIEGO
PUBLIC HIGHWAY
MAY 18, 1972, RECORDER'S FILE NO. 125910
EL CAMINO REAL - ROAD SURVEY 1796
76. 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.
77. 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
1182342 PAGE 16
TICOR TITLE INSURANCE
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 APPURTENANCES NECESSARY FOR
THE OPERATION OF SAID UNDERGROUND FACILITIES AND ALL
MISCELLANEOUS EQUIPMENT AND MATERIAL CONNECTED
THEREWITH
RECORDED SEPTEMBER 19, 1972, RECORDER'S FILE NO. 250710
AFFECTS : A 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 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.
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
LEUCADIA COUNTY WATER DISTRICT
SEWER PIPELINE
SEPTEMBER 26, 1972, RECORDER'S FILE NO. 256756
A PORTION OF LOT 9 IN SECTION 35
IN FAVOR OF
FOR
RECORDED
AFFECTS
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 : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
FOR : 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
RECORDED : SEPTEMBER 26, 1972, RECORDER'S FILE NO. 256957
AFFECTS : A PORTION OF SAID LAND
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 : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
FOR 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
RECORDED : OCTOBER 2, 1972, RECORDER'S FILE NO. 264028
AFFECTS : A 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
1182342 PAGE 17
\
TICOR TITLE INSURANCE
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.
81. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT
SEWER PIPELINE OR PIPELINES
JANUARY 24, 1973, RECORDER'S FILE NO. 73-021341
A PORTION OF SAID LAND
82. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
CARLSBAD MUNICIPAL WATER DISTRICT
A PIPELINE OR PIPELINES
FEBRUARY 5, 1973, RECORDER'S FILE NO. 73-031956
A PORTION OF SAID LAND ADJACENT TO ALGA ROAD
STATED HEREIN
IN FAVOR OF
FOR
83. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
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 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 A PORTION OF SAID LAND
84. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT
SEWER PIPELINE OR PIPELINES
JUNE 20. 1973, RECORDER'S FILE NO. 73-168249
A PORTION OF SAID LAND
85. AN EASEMENT. AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
CARLSBAD MUNICIPAL WATER DISTRICT
A PIPELINE OR PIPELINES
AUGUST 8. 1973, RECORDER'S FILE NO. 73-220063
A 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 SAN DIEGO GAS & ELECTRIC COMPANY. A CORPORATION
1182342 PAGE 18
W TICOR TITLE INSURANCG
FOR.
RECORDED
AFFECTS
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
APRIL 26, 1973, RECORDER'S FILE NO. 73-110909
LOT 9 OF SECTION 35
87. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
CARLSBAD MUNICIPAL WATER DISTRICT
A PIPELINE OR PIPELINES
SEPTEMBER 7, 1973, RECORDER'S FILE NO. 73-252776
A PORTION OF SAID LAND
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
IN FAVOR
FOR
RECORDED
AFFECTS
OF SAN DIEGO FLOOD CONTROL DISTRICT ZONE 1
INGRESS AND EGRESS
SEPTEMBER 25, 1973, RECORDER'S FILE NO. 270063
A 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 COUNTY FLOOD CONTROL DISTRICT ZONE 1
FOR : A DRAINAGE CHANNEL
RECORDED SEPTEMBER 25. 1973. RECORDER'S FILE NO. 73-270064
AFFECTS A PORTION OF SAID LAND
90. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT
A SEWER PIPELINE OR PIPELINES
SEPTEMBER 25, 1973, RECORDER'S FILE NO. 73-270151
VARIOUS STRIPS OF 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
SAN DIEGO COUNTY FLOOD CONTROL DISTRICT. ZONE 1
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 A PORTION OF SAID LAND
IN FAVOR OF
FOR
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
1182342 PAGE 19
TICOR TITLE INSURANCE
FOR.
RECORDED
AFFECTS
DRAINAGE CHANNEL
SEPTEMBER 25, 1973, RECORDER
VARIOUS STRIPS OF LAND
S FILE NO. 73-270064
93. 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
94. 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
95. COVENANTS,
EXECUTED BY
RECORDED :
THE CITY OF CARLSBAD
ACCESS AND PUBLIC UTILITY
NOVEMBER 7, 1973, RECORDER'S
A PORTION OF SAID LAND
FILE NO. 73-311287
CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT
LA COSTA LAND COMPANY
FEBRUARY 13, 1974, RECORDER'S FILE NO. 74-035505
RESTRICTIONS, IF ANY
ORIGIN ARE DELETED.
BASED ON RACE, COLOR, RELIGION OR NATIONAL
SAID MATTER AFFECTS:
A PORTION OF SAID LAND
96. 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,
ELECTRICAL SYSTEM
JUNE 4, 1974, RECORDER'S FILE NO,
HOTEL SPA ADDITION TO LA COSTA
A CORPORATION
74-147403
97. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
CARLSBAD MUNICIPAL WATER DISTRICT
A PIPELINE OR PIPELINES
JULY 11, 1974, RECORDER'S FILE NO. 74-185031
ARENAL ROAD WATER MAIN EXTENSION
98. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
CARLSBAD MUNICIPAL WATER DISTRICT
A PIPELINE OR PIPELINES
JULY 11, 1974. RECORDER'S FILE NO. 74-185026
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 35 ADJACENT TO EL CAMINO REAL
99. AN AGREEMENT
DATED :
TO WHICH REFERENCE
JULY 29. 1974
IS HEREBY MADE FOR FULL PARTICULARS
1182342 PAGE 20
TICOR TITLE INSURANCE
. BY AND BETWEEN
REGARDING
RECORDED
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
100. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT
A DRAINAGE PIPELINE AND APPURTENANCES
AUGUST 19, 1974, RECORDER'S FILE NO. 74-224936
A PORTION OF SAID LAND
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
FOR
RECORDED
AFFECTS
OF SAN DIEGO GAS & ELECTRIC COMPANY. A CORPORATION
ELECTRICAL SYSTEM
SEPTEMBER 17, 1974, RECORDER'S FILE NO. 74-251086
LA COSTA SPA, HOTEL LA COSTA
102. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
CARLSBAD MUNICIPAL WATER DISTRICT
A PIPELINE OR PIPELINES
OCTOBER 15, 1974, RECORDER'S FILE NO. 74-273988
A PORTION OF SAID LAND
STATED HEREIN,
IN FAVOR OF
FOR
103. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
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
OCTOBER 29, 1974, RECORDER'S FILE NO. 74-287227
A PORTION OF SAID LAND
RECORDED
AFFECTS
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 : THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, A
CORPORATION
FOR UNDERGROUND COMMUNICATION STRUCTURES
RECORDED DECEMBER 31, 1974. RECORDER'S FILE NO. 74-337649
AFFECTS : A 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
105. A LICENSE AGREEMENT BY AND BETWEEN LEUCADIA COUNTY WATER DISTRICT
1182342 PAGE 21
TICOR TITLE INSURANCE
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.
106. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
CARLSBAD MUNICIPAL WATER DISTRICT
A PIPELINE OR PIPELINES
JANUARY 24, 1975, RECORDER'S FILE NO. 75-017337
A PORTION OF SAID LAND
107. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
CARLSBAD MUNICIPAL WATER DISTRICT
A PIPELINE OR PIPELINES
NOVEMBER 10, 1975, RECORDER'S FILE NO. 75-314413
A PORTION OF SAID LAND
108. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
COUNTY OF SAN DIEGO
HIGHWAY SLOPES
MARCH 30, 1977, RECORDER'S FILE NO. 77-115973
ROAD BRIDGE OVER A PORTION OF SAID LAND
109. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED FEBRUARY 2, 1965
BY AND BETWEEN : RANCHO LA COSTA, INC., A CORPORATION AND SAN DIEGO
GAS & ELECTRIC COMPANY, A CORPORATION
REGARDING INSTALLATION OF GAS AND ELECTRICAL FACILITIES
RECORDED : FEBRUARY 5, 1965, RECORDER'S FILE NO. 21960
SAID MATTER AFFECTS:
LOTS 45 AND 46, MAP 5434
110. 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 PACIFIC TELEPHONE AND TELEGRAPH COMPANY, A
CORPORATION
FOR
RECORDED
AFFECTS
UNDERGROUND COMMUNICATION STRUCTURES
DECEMBER 31, 1974, RECORDER'S FILE NO. 74-337648
THE SOUTHERLY 25.45 FEET OF THE WESTERLY 15 FEET OF
SAID LOT 45 OF MAP 5434
111. 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
112. AN EASEMENT. AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
1182342 PAGE 22
gl TICOR TITLE INSURANCE
SAID EASEMENT.
STATED HEREIN,
IN FAVOR OF :
FOR :
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
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
DECEMBER 3, 1979, RECORDER'S FILE NO. 79-507143
AN 8 FOOT STRIP OF LAND IN THE NORTHEAST QUARTER OF
SECTION 35
113. 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
114. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF :
FOR :
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY,
UNDERGROUND FACILITIES AND ABOVEGROUND STRUCTURES
AUGUST 7, 1980, RECORDER'S FILE NO. 80-250810
THE LA COSTA LAUNDRY
115. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LA COSTA GREEN, A GENERAL PARTNERSHIP
SEWER LATERAL
MARCH 24, 1982, RECORDER'S FILE NO. 82-079855
A PORTION OF SAID LAND
116. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
PACIFIC BELL, A CALIFORNIA CORPORATION
UNDERGROUND COMMUNICATION FACILITIES
APRIL 6, 1984, RECORDER'S FILE NO. 84-126741
A PORTION OF SAID LAND ADJACENT TO LOT 180 OF LA COSTA
VALLEY UNIT NO. 4 MAP 5781
117. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT.
STATED HEREIN.
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
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,
1182342 PAGE 23
TICOR TITLE INSURANCE
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°0r37" 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 22M8'36", 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
POINT OF BEGINNING; THENCE CONTINUING NORTH 88*08'28" WEST, 62.01
THENCE LEAVING SAID SOUTHERLY LINE SOUTH 68**04'56" WEST, 15.00
THENCE SOUTH 21°55'04" EAST, 25.00 FEET; THENCE NORTH 68°04'56"
71.75 FEET TO THE TRUE POINT OF BEGINNING.
TRUE
FEET:
FEET:
EAST,
118. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF :
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
COSTA REAL MUNICIPAL WATER DISTRICT
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
OCTOBER 8, 1984, RECORDER'S FILE NO. 84-380189
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
1182342 PAGE 24
TICOR TITLE INSURANCE
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 68'*48'41" 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.
119. 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.
2. PIPELINES AND APPURTENANCES FOR ANY AND ALL
PURPOSES.
RECORDED
AFFECTS
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.
120. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LA BRETECHE, LTD., A CALIFORNIA LIMITED PARTNERSHIP
SEWER
JUNE 26, 1985, RECORDER'S FILE NO. 85-228680
1182342 PAGE 25
TICOR TITLE INSURANCE
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
DISTANT THEREON NORTH 0°03'46" WEST,
SOUTHEAST CORNER OF SAID LOT; THENCE
TO THE TRUE POINT OF BEGINNING.
LOT 55 OF MAP NO. 6117, BEING
190.00 FEET FROM THE
SOUTH 89*56'14" WEST, 94.24 FEET
THENCE NORTH 0°03'46" WEST, 51.94 FEET TO THE END OF THIS EASEMENT.
121. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
PACIFIC BELL
UNDERGROUND COMMUNICATION FACILITIES
JULY 31, 1985, RECORDER'S FILE NO. 85-273499
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.
122. AN EASEMENT. AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
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
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.
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 : IMPERIAL BANK, A CALIFORNIA CORPORATION AND ALTA VERDE
CONDOMINIUMS HOMEOWNERS ASSOCIATION
FOR LANDSCAPING AND CONCRETE WALKWAYS IN CONJUNCTION WITH
ITS CONDOMINIUM DEVELOPMENT KNOWN AS ALTA VERDE
1182342 PAGE 26
TICOR TITLE INSURANCE
CONDOMINIUMS
RECORDED : JANUARY 3, 1986, RECORDER'S FILE NO. 86-002482
AFFECTS : 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 THE NORTHWEST CORNER OF LOT 1 OF MAP NO. 9530 FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID POINT
BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 12°12'00" EAST ALONG
THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 1 A
DISTANCE OF 20 FEET; THENCE SOUTH 77°4r57" EAST A DISTANCE OF 107.13
FEET MORE OR LESS TO A POINT ON THE NORTHERLY PROLONGATION OF THE
EASTERLY LINE OF SAID LOT 1; THENCE SOUTH BY 00°45'13" WEST, A
DISTANCE OF 5 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE NORTH
84^*5'18" WEST A DISTANCE OF 134.50 FEET; THENCE NORTH 77M8'00" WEST
A DISTANCE OF 37 FEET TO THE TRUE POINT OF BEGINNING.
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 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 THE PLAT ATTACHED TO SAID DOCUMENT.
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 : THIRD LA COSTA CONDOMINIUM OWNERS ASSOCIATION, A
CALIFORNIA CORPORATION AND FOURTH LA COSTA CONDOMINIUM
OWNERS ASSOCIATION, A CALIFORNIA CORPORATION
FOR : INGRESS AND EGRESS FOR DRIVEWAY PURPOSES
RECORDED : AUGUST 22, 1986, RECORDER'S FILE NO. 86-364534
AFFECTS A 40 FOOT STRIP OF LAND ADJACENT TO SAID CONDOMINIUMS
(SHOWN AS PROPOSED ACCESS EASEMENT ON SURVEY)
126. A CERTIFICATE OF COMPLIANCE UNDER SECTION 66499.35 OF THE
GOVERNMENT CODE DATED MARCH 26, 1987 FOR THE BENEFIT OF LA COSTA
HOTEL AND SPA, A CALIFORNIA GENERAL PARTNERSHIP, WHEREIN THE CITY
ENGINEER HAS DETERMINED THAT THE REAL PROPERTY DESCRIBED IN SAID
INSTRUMENT HAS BEEN DIVIDED OR HAS RESULTED FROM A DIVISION OR
COMBINING OF LOTS IN COMPLIANCE WITH THE SUBDIVISION MAP ACT AND WITH
THE PROVISIONS OF THE CARLSBAD MUNICIPAL CODE PURSUANT THERETO, WHICH
RECORDED MAY 4, 1987, RECORDER'S FILE NO. 87-242042.
A CERTIFICATE OF COMPLIANCE UNDER SECTION 66499.35 OF THE
GOVERNMENT CODE DATED MARCH 26, 1987 FOR THE BENEFIT OF LA COSTA HOTEL
AND SPA, A CALIFORNIA GENERAL PARTNERSHIP, WHEREIN THE CITY ENGINEER
HAS DETERMINED THAT THE REAL PROPERTY DESCRIBED BELOW, HAS BEEN
DIVIDED OR HAS RESULTED FROM A DIVISION OR COMBINING OF LOTS IN
COMPLIANCE WITH THE SUBDIVISION MAP ACT AND WITH THE PROVISIONS OF THE
CARLSBAD MUNICIPAL CODE PURSUANT THERETO, WHICH RECORDED
MAY 4, 1987, RECORDER'S FILE NO. 87-202043.
1182342 PAGE 27
gl TICOR TITLE INSURANCE
SAID MATTERS AFFECTS LA COSTA PLAZA BOUNDARY ADJUSTMENTS
127. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT
THE CONSTRUCTION, OPERATION, MAINTENANCE, REPAIR AND
REPLACEMENT OF A SEWER PIPELINE OR PIPELINES,
MANHOLES, LATERALS, PUMP STATION AND APPURTENANCES
OCTOBER 23, 1987. RECORDER'S FILE NO. 87-598021
A 10 FOOT STRIP OF LAND IN THE NORTHEAST QUARTER OF
SECTION 35 AND SHOWN ON PLAT ATTACHED TO SAID DOCUMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
STATED HEREIN,
IN FAVOR OF
FOR
128. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
COSTA REAL MUNICIPAL WATER DISTRICT
THE CONSTRUCTION, OPERATION, REPAIR, RECONSTRUCTION
AND ALL ACTIVITIES NECESSARY TO CONSTRUCT,
RECONSTRUCT, OPERATE, MAINTAIN AND REPAIR FACILITIES
DESIGNED FOR THE GENERAL PURPOSE OF COLLECTING,
STORING TRANSPORTING, PUMPING AND TREATING ALL WATER.
INCLUDING SURFACE WATER. STREAM WATER. FLOOD WATER AND
GROUND WATER FLOWING INTO SAID FACILITIES. AND ALL
NATURAL AND ARTIFICIAL DRAINAGE DITCHES AND STRUCTURES
OF ANY KIND, WHETHER ABOVE OR BELOW THE SURFACE OF THE
GROUND
OCTOBER 23, 1987, RECORDER'S FILE NO. 87-598022
PARCEL 1 AND SHOWN ON PLAT ATTACHED TO SAID DOCUMENT
RECORDED
AFFECTS
129. A CERTIFICATE OF COMPLIANCE DATED OCTOBER 30, 1987, BY AND
BETWEEN THE CITY OF CARLSBAD AND LA COSTA HOTEL AND SPA WAS RECORDED
NOVEMBER 4, 1987, RECORDER'S FILE NO. 87-620871.
SAID MATTER AFFECTS:
LOT LINE ADJUSTMENT
ASSOCIATION WITH THIRD LA COSTA CONDOMINIUM OWNERS
SAID MATTER AFFECTS:
PORTION PARCEL 1 AS SHOWN ON PLAT ATTACHED TO SAID DOCUMENT
130. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
CITY OF CARLSBAD, A MUNICIPAL CORPORATION
THE INSTALLATION, CONSTRUCTION, MAINTENANCE. REPAIR.
REPLACEMENT, RECONSTRUCTION AND INSPECTION OF AN
ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL AND ALL
STRUCTURES INCIDENTAL THERETO. AND FOR THE FLOWAGE OF
ANY WATERS IN. OVER, UPON OR THROUGH SAID CHANNEL
NOVEMBER 17, 1987, RECORDER'S FILE NO. 87-642302
A PORTION OF PARCEL 1 AND SHOWN ON PLAT ATTACHED TO
SAID DOCUMENT
131. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
1182342 PAGE 28
TICOR TITLE INSURANCE
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AND INCIDENTAL PURPOSES
THE JOCKEY CLUB HOMEOWNERS' ASSOCIATION, A CALIFORNIA
NONPROFIT MUTUAL BENEFIT CORPORATION
THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR
AND REPLACEMENT OF LANDSCAPING THEREON, TOGETHER WITH
THE RIGHT OF INGRESS AND EGRESS FOR SUCH PURPOSES
NOVEMBER 20, 1987, RECORDER'S FILE NO. 87-651063
PORTION PAREL 1 AS SHOWN ON PLAT ATTACHED TO SAID
DOCUMENT
132. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
THE JOCKEY CLUB HOMEOWNERS' ASSOCIATION, A CALIFORNIA
NONPROFIT MUTUAL BENEFIT CORPORATION
THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR,
REPLACEMENT AND RECONSTRUCTION OF UNENCLOSED PATIOS
AND LANDSCAPING INCIDENTAL THERETO
NOVEMBER 20, 1987, RECORDER'S FILE NO. 87-651064
PORTION PARCEL 1 AS SHOWN ON PLAT ATTACHED TO SAID
DOCUMENT
133. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AND INCIDENTAL PURPOSES
THIRD LA COSTA HOMEOWNERS' ASSOCIATION, A CALIFORNIA
NONPROFIT MUTUAL BENEFIT CORPORATION
THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR
AND REPLACEMENT OF LANDSCAPING THEREON, TOGETHER WITH
THE RIGHT OF INGRESS AND EGRESS FOR SUCH PURPOSES
NOVEMBER 20, 1987, RECORDER'S FILE NO. 87-651065
PORTION PARCEL 1 AS SHOWN ON PLAT ATTACHED TO SAID
DOCUMENT
134. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS
STATED HEREIN
JULY 1, 1988
$107,000,000.00
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
THE FUJI BANK, LTD.
JULY 20, 1988, RECORDER'S FILE NO. 88-351339
OF THE AMOUNT
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
SAID MATTER AFFECTS THIS AND OTHER PROPERTY.
135. AN UNRECORDED MANAGEMENT AGREEMENT DATED AUGUST 12, 1987, BY AND
BETWEEN LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA CORPORATION
(AS OWNER) AND GLOBAL HOSPITALITY CORPORATION. A CALIFORNIA
CORPORATION (AS MANAGER). AS DISCLOSED BY AN ASSIGNMENT AND
SUBORDINATION OF MANAGEMENT AGREEMENT AND ESTOPPEL CERTIFICATE AND
CONSENT RECORDED JULY 20. 1988. RECORDER'S FILE NO. 88-351340.
SAID MANAGEMENT AGREEMENT
HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS
PARAGRAPH. BY THE PROVISIONS OF AN INSTRUMENT
RECORDED : JULY 20. 1988. RECORDER'S FILE NO. 88-351340
1182342 PAGE 29
TICOR TITLE INSURANCE
SUBORDINATED
RECORDED
TO : DEED OF TRUST TO THE FUJI BANK LTD,
: JULY 20, 1988, RECORDER'S FILE NO. 88-351339
136. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
STATED HEREIN
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
NOVEMBER 19, 1987
$100,000,000.00
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY
IRWIN A. MOLASKY, AS AGENT FOR MOLASKY - LA COSTA
PARTNERSHIP, A LIMITED PARTNERSHIP; ADELSON - LA COSTA
PARTNERSHIP, A LIMITED PARTNERSHIP; ALLARD ROEN; IRWIN
FRUCHTMAN; IRVING ROSTON; LORI EMSLIE; JUNE ALPERT;
EDDIE D. SUSALLA; IRWIN A. MOLASKY AND MERV ADELSON
NOVEMBER 20, 1987, RECORDER'S FILE NO. 87-651093
NOTE: SAID DEED OF TRUST'S OUTSTANDING BALANCE HAS BEEN REDUCED
TO AN AMOUNT NOT TO EXCEED $60,000,000.00 AS DISCLOSED BY A
SUBORDINATION AGREEMENT RECORDED JULY 20, 1988, RECORDER'S FILE NO.
88-351918.
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
DATED
EXECUTED BY
RECORDED
SUBORDINATED
RECORDED TO
JULY 1, 1988
IRWIN A. MOLASKY, ET AL
JULY 20, 1988, RECORDER'S FILE NO. 88-351918
DEED OF TRUST TO THE FUJI BANK LTD.
JULY 20, 1988. RECORDER'S FILE NO. 88-351339
SAID MATTER AFFECTS THIS AND OTHER PROPERTY
1182342 PAGE 30
TICOR TITLE INSURANCE
THE FOLLOWING MATTERS AFFECT PARCEL 2:
1. GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS. IF ANY,
COLLECTED WITH SAID TAXES.
FOR THE FISCAL YEAR : 1990-91
INCLUDING PERSONAL PROPERTY TAX, IF ANY,
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
TAXATION CODE OF THE STATE OF CALIFORNIA.
GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS. IF ANY,
COLLECTED WITH SAID TAXES.
FOR THE FISCAL YEAR : 1989-90
INCLUDING PERSONAL PROPERTY TAX, IF ANY,
SECOND INSTALLMENT : NOW DUE AND PAYABLE
2. 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
SAN DIEGO CONSOLIDATED GAS & ELECTRIC COMPANY
POLES AND WIRES FOR TRANSMISSION OF ELECTRICITY
FEBRUARY 16, 1920, DOCUMENT NO. 4391 IN BOOK 798, PAGE
241 OF OFFICIAL RECORDS
AFFECTS : A 2 FOOT STRIP OF LAND
IN FAVOR OF
FOR
RECORDED
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
SAN DIEGO GAS & ELECTRIC COMPANY
POLE LINES AND CONDUITS
JUNE 18, 1954 IN BOOK 5273, PAGE 432 OF OFFICIAL
RECORDS
AFFECTS : AS SHOWN ON PARCEL MAP 13427.
IN FAVOR OF
FOR
RECORDED
4, AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED
BY AND BETWEEN
REGARDING
RECORDED
JUNE 9, 1983
THE CITY OF CARLSBAD AND DAON CORPORATION
REIMBURSEMENT AGREEMENT FOR PUBLIC IMPROVEMENTS
JULY 29, 1983, RECORDER'S FILE NO. 83-263566
5. 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
RECORDED DECEMBER 9, 1983, RECORDER'S FILE NO. 83-449259
1182342 PAGE 31
gl TICOR TITLE INSURANCE
6. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
UNDERGROUND FACILITIES AND APPURTENANCES FOR THE
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY,
COMMUNICATION FACILITIES AND APPURTENANCES
JANUARY 11, 1984, RECORDER'S FILE NO. 84-011338
THE EASEMENT IN THE AFORESAID PROPERTY SHALL BE 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 TO SAID DOCUMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
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
FOR
RECORDED
AFFECTS
OF LEUCADIA COUNTY WATER DISTRICT
SEWER PIPE LINE OR PIPE LINES
MAY 15, 1984, RECORDER'S FILE NO,
AS SHOWN ON PARCEL MAP 13427.
84-180447
8. AN AGREEMENT
DATED :
BY AND BETWEEN :
REGARDING :
RECORDED :
TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
JULY 20, 1984
CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND DAON
CORPORATION
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
AUGUST 13, 1984, RECORDER'S FILE NO. 84-307193
AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
CITY OF CARLSBAD
PUBLIC ROADWAY AND PUBLIC UTILITIES
AUGUST 16, 1984, RECORDER'S FILE NO. 84-312777
CARRILLO WAY BEING A 102.00 FOOT STRIP OF LAND BEING
51.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTER LINE:
COMMENCING AT AN ANGLE POINT IN THE CENTER LINE OF THAT CERTAIN
DOCUMENT GRANTED TO SAN MARCOS COUNTY WATER DISTRICT RECORDED
JANUARY 27, 1969. AS DOCUMENT NO. 15564, FORMED WITH THE INTERSECTION
OF THE TWO BEARINGS SOUTH 59''59'09" WEST (SOUTH 59"'57'35" WEST PER
RECORD) AND NORTH 30°00'51" WEST (NORTH 30"02'25" WEST PER RECORD);
THENCE, NORTH 59*59'09" EAST ALONG SAID CENTER LINE 945.00 FEET;
THENCE, LEAVING SAID CENTER LINE SOUTH 30'*00'5r' EAST 21.00 FEET TO
THE TRUE POINT OF BEGINNING; THENCE, SOUTH 59*59'09" WEST 935.00 FEET
TO THE BEGINNING OF A TANGENT 1400.00 FOOT RADIUS CURVE, CONCAVE
NORTHERLY; THENCE. WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 14*02'52" A DISTANCE OF 343.25 FEET; THENCE, SOUTH
74°02'0r' WEST 300.00 FEET TO THE BEGINNING OF A TANGENT 1400 FOOT
RADIUS CURVE, CONCAVE SOUTHERLY; THENCE, WESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 15*00'12" A DISTANCE OF 366.60
FEET TO THE POINT OF TERMINATION.
1182342 PAGE 32
gl TICOR TITLE INSURANCE
THE SIDELINES OF SAID 102.00 FOOT STRIP OF LAND SHALL BEGIN ON A
LINE THAT BEARS NORTH 30*00'51" WEST AND PASS THROUGH THE TRUE POINT
OF BEGINNING AND END ON A LINE THAT BEARS NORTH 30*58'11" WEST AND
PASS THROUGH THE POINT OF TERMINATION.
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.
10. THE FOLLOWING RECITAL CONTAINED ON PARCEL MAP 13427:
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING
PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THAT SUBJECT PROPERTY
UNLESS THE CITY ENGINEER DETERMINES THAT SEWER CAPACITY IS AVAILABLE
AT THE TIME OF APPLICATION FOR SUCH PERMITS AND WILL CONTINUE TO BE
AVAILABLE UNTIL TIME OF OCCUPANCY.
A BUILDING PERMIT SHALL NOT BE ISSUED FOR A LOT WHICH INCLUDES LAND IN
MORE THAN ONE TAX CODE AREA.
THIS SUBDIVISION CONTAINS A REMAINDER PARCEL. NO BUILDING PERMIT
SHALL BE ISSUED FOR THE REMAINDER PARCEL UNTIL IT IS FURTHER
SUBDIVIDED PURSUANT TO THE PROVISIONS OF TITLE 20 OF THE CARLSBAD
MUNICIPAL CODE.
11. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED
BY AND BETWEEN
REGARDING
RECORDED
AND RE-RECORDED:
JULY 30, 1985
LA COSTA HOTEL AND SPA, A CALIFORNIA GENERAL
PARTNERSHIP AND DAON CORPORATION, A DELAWARE
CORPORATION
EASEMENT AGREEMENT
SEPTEMBER 12, 1985, RECORDER'S FILE NO. 85-335690
FEBRUARY 28, 1986, RECORDER'S FILE NO. 86-078338
12. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED : JANUARY 31, 1986
BY AND BETWEEN : LA COSTA HOTEL AND SPA, A CALIFORNIA GENERAL
PARTNERSHIP AND DAON CORPORATION. A DELAWARE
CORPORATION
REGARDING SHORT FORM OF OPTION
RECORDED : FEBRUARY 28, 1986, RECORDER'S FILE NO. 86-078337
SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES
A. THE OPTION HEREIN GRANTED SHALL COMMENCE ON THE DATE THAT OPTIONOR
COMPLETES THE CONSTRUCTION OF A REGULATION NINE (9) HOLE CHAMPIONSHIP
GOLF COURSE ON THE PARCEL AND SHALL EXPIRE THIRTY (30) YEARS
THEREAFTER. IT SHALL BE A CONDITIONS PRECEDENT TO OPTIONEE'S RIGHT TO
EXERCISE THIS OPTION THAT OPTIONOR SHALL HAVE DISCONTINUED THE
OPERATION OF SUCH GOLF COURSE ON THE PARCEL AND SHALL NOT HAVE RESUMED
SUCH OPERATION AS OF THE DATE OPTIONEE EXERCISES THE OPTION HEREIN
GRANTED.
B. NOTHING IN THIS SHORT FORM OF OPTION SHALL BE DEEMED TO AMEND.
MODIFY. ALTER OR CHANGE ANY OF THE TERMS, COVENANTS AND CONDITIONS
1182342 PAGE 33
TICOR TITLE INSURANCE
CONTAINED IN THAT CERTAIN UNRECORDED GOLF COURSE AGREEMENT DATED
MARCH 10, 1981, BY AND AMONG, OPTIONOR, OPTIONEE AND LA COSTA LAND
COMPANY AND REFERENCE IS MADE TO SAID GOLF COURSE AGREEMENT FOR ALL OF
THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN.
C. IT SHALL BE A CONDITION PRECEDENT TO OPTIONEE'S RIGHT TO EXERCISE
THIS OPTION THAT OPTIONEE SHALL, CONCURRENTLY WITH THE TRANSFER OF THE
PARCEL TO OPTIONEE, SUBJECT THE PARCEL TO THE LIEN OF THE CONSOLIDATED
TRUST DEED GIVEN BY LA COSTA LAND COMPANY (THE PREDECESSOR-IN-INTEREST
OF OPTIONEE) TO THE TRUSTEES OF THE CENTRAL STATES, SOUTHEAST AND
SOUTHWEST AREAS PENSION FUND, DATED AND RECORDED MARCH 10, 1981, AS
INSTRUMENT NO. 81-072862 IN OFFICIAL RECORDS, SAN DIEGO COUNTY,
CALIFORNIA, AS AMENDED AND SUPPLEMENTED FROM TIME TO TIME.
13. AN UNRECORDED GOLF COURSE AGREEMENT DATED MARCH 10, 1981 BY AND
BETWEEN LA COSTA HOTEL AND DAON CORPORATION, A DELAWARE CORPORATION
AND LA COSTA LAND COMPANY AS DISCLOSED BY A SHORT FORM OPTION
AGREEMENT RECORDED FEBRUARY 28, 1986, AS FILE NO. 86-078337.
14. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
STATED HEREIN
JULY 1, 1988
$107,000,000.00
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
THE FUJI BANK, LTD.
JULY 20, 1988, RECORDER'S FILE NO. 88-351339
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
SAID MATTER AFFECTS THIS AND OTHER PROPERTY.
15. AN UNRECORDED MANAGEMENT AGREEMENT DATED AUGUST 12, 1987, BY AND
BETWEEN LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA CORPORATION
(AS OWNER) AND GLOBAL HOSPITALITY CORPORATION, A CALIFORNIA
CORPORATION (AS MANAGER), AS DISCLOSED BY AN ASSIGNMENT AND
SUBORDINATION OF MANAGEMENT AGREEMENT AND ESTOPPEL CERTIFICATE AND
CONSENT RECORDED JULY 20, 1988, RECORDER'S FILE NO. 88-351340.
SAID MANAGEMENT AGREEMENT
HAS BEEN SUBORDINATED TO
PARAGRAPH, BY THE PROVISIONS
RECORDED
SUBORDINATED
RECORDED
TO
THE SUBJECT MATTER
OF AN INSTRUMENT
JULY 20, 1988, RECORDER'S FILE
DEED OF TRUST TO THE FUJI BANK
JULY 20, 1988, RECORDER'S FILE
REFERRED TO IN THIS
NO.
LTD
NO.
88-351340
88-351339
16. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
STATED HEREIN
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
NOVEMBER 19, 1987
$100,000,000.00
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY
IRWIN A. MOLASKY, AS AGENT FOR MOLASKY - LA COSTA
PARTNERSHIP, A LIMITED PARTNERSHIP; ADELSON - LA COSTA
PARTNERSHIP, A LIMITED PARTNERSHIP; ALLARD ROEN; IRWIN
FRUCHTMAN; IRVING ROSTON; LORI EMSLIE; JUNE ALPERT;
EDDIE D. SUSALLA; IRWIN A. MOLASKY AND MERV ADELSON
1182342 PAGE 34
TICOR TITLE INSURANCE
THE FOLLOWING MATTERS AFFECT PARCEL 3A:
1. GENERAL AND SPECIAL
COLLECTED WITH SAID TAXES
TAXES AND SPECIAL ASSESSMENTS, IF ANY,
FOR THE FISCAL YEAR : 1990-91
INCLUDING PERSONAL PROPERTY TAX,
A LIEN NOT YET PAYABLE.
IF ANY
THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE
PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE
TAXATION CODE OF THE STATE OF CALIFORNIA.
GENERAL AND SPECIAL TAXES
COLLECTED WITH SAID TAXES.
AND SPECIAL ASSESSMENTS, IF ANY,
FOR THE FISCAL YEAR : 1989-90
INCLUDING PERSONAL PROPERTY TAX, IF ANY,
SECOND INSTALLMENT NOW DUE AND PAYABLE
2. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP
FOR
AFFECTS
5434
SEWER
NORTHWESTERLY 6 FEET LOT 123
3. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP
FOR
AFFECTS
5434
WATER
THE SOUTHEASTERLY
FEET OF LOT 124
5 FEET OF LOT 123 AND NORTHWESTERLY 5
AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN.
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY
UNDERGROUND COMMUNICATION STRUCTURES
OCTOBER 29, 1964, RECORDER'S FILE NO. 198153
THE NORTHERLY 5 FEET OF LOT 121, THE NORTHEASTERLY 5
FEET OF LOT 122, THE SOUTHEASTERLY 5 FEET OF LOT 123,
THE NORTHEASTERLY 5 FEET OF LOT 124, THE SOUTHERLY 5
FEET AND SOUTHWESTERLY 5 FEET OF LOT 127; THE
WESTERLY 5 FEET OF LOT 128, AND THE SOUTHERLY 5 FEET
OF LOT 129
5. COVENANTS. CONDITIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION
OF RESTRICTIONS
RECORDED : NOVEMBER 19. 1964. RECORDER'S FILE NO. 211058
1182342 PAGE 36
TICOR TITLE INSURANCE
RESTRICTIONS. IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
IT ALSO PROVIDES 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.
THE RIGHT TO LEVY CERTAIN CHARGES OR ASSESSMENTS AGAINST SAID LAND
WHICH SHALL BECOME A LIEN IF NOT PAID, AS THEREIN SET FORTH, CONFERRED
UPON : RANCHO LA COSTA INC.
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
6. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED FEBRUARY 2, 1965
BY AND BETWEEN : RANCHO LA COSTA, INC., A CORPORATION, AND SAN DIEGO
GAS & ELECTRIC COMPANY, A CORPORATION
REGARDING INSTALLATION OF GAS AND ELECTRICAL FACILITIES
RECORDED FEBRUARY 5, 1965, RECORDER'S FILE NO. 21960
7. THE EFFECT OF A RECITAL SHOWN ON THE RECORD MAP AS FOLLOWS:
"WATER EASEMENT TO BE GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT BY
SEPARAGE INSTRUMENT."
THE SOUTHEASTERLY 5 FEET OF LOT 123. THE NORTHWESTERLY 5 FEET LOT 124.
8. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
STATED HEREIN
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
JULY 1, 1988
$107,000,000.00
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
THE FUJI BANK, LTD.
JULY 20. 1988. RECORDER'S FILE NO. 88-351339
SAID MATTER AFFECTS THIS AND OTHER PROPERTY.
9. AN UNRECORDED MANAGEMENT AGREEMENT DATED AUGUST 12, 1987, BY AND
BETWEEN LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA CORPORATION
(AS OWNER) AND GLOBAL HOSPITALITY CORPORATION, A CALIFORNIA
CORPORATION (AS MANAGER), AS DISCLOSED BY AN ASSIGNMENT AND
SUBORDINATION OF MANAGEMENT AGREEMENT AND ESTOPPEL CERTIFICATE AND
CONSENT RECORDED JULY 20, 1988, RECORDER'S FILE NO. 88-351340.
SAID MANAGEMENT AGREEMENT
HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS
PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
1182342 PAGE 37
gl TICOR TITLE INSURANCE
RECORDED
SUBORDINATED TO
RECORDED
JULY 20, 1988, RECORDER'S FILE
DEED OF TRUST TO THE FUJI BANK
JULY 20, 1988, RECORDER'S FILE
NO. 88-351340
LTD.
NO. 88-351339
10. A DEED OF
STATED HEREIN
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
NOVEMBER 19, 1987
$100,000,000.00
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY
IRWIN A. MOLASKY, AS AGENT FOR MOLASKY - LA COSTA
PARTNERSHIP, A LIMITED PARTNERSHIP; ADELSON - LA COSTA
PARTNERSHIP, A LIMITED PARTNERSHIP; ALLARD ROEN; IRWIN
FRUCHTMAN; IRVING ROSTON; LORI EMSLIE; JUNE ALPERT;
EDDIE D. SUSALLA; IRWIN A. MOLASKY AND MERV ADELSON
NOVEMBER 20, 1987, RECORDER'S FILE NO. 87-651093
NOTE: SAID DEED OF TRUST'S OUTSTANDING BALANCE HAS BEEN REDUCED
TO AN AMOUNT NOT TO EXCEED $60,000,000.00 AS DISCLOSED BY A
SUBORDINATION AGREEMENT RECORDED JULY 20, 1988, RECORDER'S FILE NO.
88-351918.
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
DATED
EXECUTED BY
RECORDED
SUBORDINATED
RECORDED
TO
JULY 1, 1988
IRWIN A. MOLASKY, ET AL
JULY 20, 1988, RECORDER'S FILE NO. 88-351918
DEED OF TRUST TO THE FUJI BANK LTD.
JULY 20, 1988, RECORDER'S FILE NO. 88-351339
SAID MATTER AFFECTS THIS AND OTHER PROPERTY
1182342 PAGE 38
gl TICOR TITLE INSURANCE
THE FOLLOWING MATTERS AFFECT PARCEL 3B:
1. GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, IF ANY,
COLLECTED WITH SAID TAXES.
FOR THE FISCAL YEAR : 1990-91
INCLUDING PERSONAL PROPERTY TAX, IF ANY,
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
TAXATION CODE OF THE STATE OF CALIFORNIA.
GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, IF ANY,
COLLECTED WITH SAID TAXES.
FOR THE FISCAL YEAR : 1989-90
INCLUDING PERSONAL PROPERTY TAX, IF ANY,
SECOND INSTALLMENT NOW DUE AND PAYABLE
STATED HEREIN,
IN FAVOR OF :
FOR :
2. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY
THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND
FOR ALL OTHER PURPOSES CONNECTED THEREWITH A LINE OR
INDEPENDENT LINE OF POLES OR STEEL TOWERS OR POLES AND
WIRES OR CABLES SUSPENDED THEREON. AND SUPPORTED
THEREBY INCLUDING WIRES FOR TELEPHONE, SIGNAL AND
COMMUNICATION PURPOSES
APRIL 16, 1954 IN BOOK 5207, PAGE 161 OF OFFICIAL
RECORDS
LOTS 225 AND 226 HEREIN DESCRIBED, AS SHOWN ON MAP
5781 .
RECORDED
AFFECTS
AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
COUNTY OF SAN DIEGO
TRUCK MOVEMENT
FEBRUARY 16, 1965, RECORDER'S FILE NO. 27698
ALL THOSE PORTIONS OF SECTIONS 25. 26. 35 AND 36.
TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, LYING EASTERLY OF EL CAMINO REAL - ROAD
SURVEY 682- RIGHT OF WAY AND WITHIN THE BOUNDARIES OF
THE EXISTING GOLF COURSE OR GREENBELT AREAS
4. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP 5781
1182342 PAGE 39
TICOR TITLE INSURANCE
FOR. SEWER
AFFECTS : AS SHOWN ON SAID MAP
5. AN OFFER OF DEDICATION TO PUBLIC USE OF A PORTION OF SAID LAND.
SAID OFFER WAS REJECTED ON SAID MAP, BUT IS SUBJECT TO FUTURE
ACCEPTANCE UNDER THE PROVISIONS OF SECTION NUMBER 66477.2 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
DESIGNATED ON MAP NO.: 5781
AS : DRAINAGE EASEMENTS
NOTE: A RESOLUTION ACCEPTING PREVIOUSLY REJECTED STORM DRAIN
EASEMENTS WAS RECORDED NOVEMBER 22, 1966, RECORDER'S FILE NO. 184330.
6. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN.
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
COUNTY OF SAN DIEGO
TRUCK MOVEMENT
SEPTEMBER 30. 1966, RECORDER'S FILE NO. 158817
ALL THOSE PORTIONS OF SECTIONS 25, 26. 35 AND 36
TOWNSHIP 12 SOUTH. RANGE 4 WEST. SAN BERNARDINO
MERIDIAN. LYING EASTERLY OF EL CAMINO REAL - ROAD
SURVEY 682- RIGHT OF WAY AND WITHIN THE BOUNDARIES OF
THE EXISTING GOLF COURSE OR GREENBELT AREAS
SAID EASEMENT IS GRANTED FOR THE MAINTENANCE. REPAIR. REPLACEMENT.
RECONSTRUCTION AND INSPECTION OF ALL DRAINAGE FACILITIES, CONTAINED IN
THE DRAINAGE EASEMENTS WITHIN LA COSTA VALLEY UNIT NO. 4, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
5781 .
7. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
STATED HEREIN
JULY 1, 1988
$107,000,000.00
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
THE FUJI BANK, LTD.
JULY 20, 1988, RECORDER'S FILE NO. 88-351339
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
SAID MATTER AFFECTS THIS AND OTHER PROPERTY.
8. AN UNRECORDED MANAGEMENT AGREEMENT DATED AUGUST 12, 1987, BY AND
BETWEEN LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA CORPORATION
(AS OWNER) AND GLOBAL HOSPITALITY CORPORATION. A CALIFORNIA
CORPORATION (AS MANAGER), AS DISCLOSED BY AN ASSIGNMENT AND
SUBORDINATION OF MANAGEMENT AGREEMENT AND ESTOPPEL CERTIFICATE AND
CONSENT RECORDED JULY 20, 1988, RECORDER'S FILE NO. 88-351340.
SAID MANAGEMENT AGREEMENT
HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
PARAGRAPH. BY THE PROVISIONS OF AN INSTRUMENT
RECORDED
SUBORDINATED
RECORDED
TO
JULY 20. 1988. RECORDER'S FILE
DEED OF TRUST TO THE FUJI BANK
JULY 20, 1988, RECORDER'S FILE
REFERRED TO IN THIS
NO. 88-351340
LTD.
NO. 88-351339
1182342 PAGE 40
TICOR TITLE INSURANCE
9. A DEED OF
STATED HEREIN
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
NOVEMBER 19, 1987
$100,000,000.00
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY
IRWIN A. MOLASKY, AS AGENT FOR MOLASKY - LA COSTA
PARTNERSHIP, A LIMITED PARTNERSHIP; ADELSON - LA COSTA
PARTNERSHIP, A LIMITED PARTNERSHIP; ALLARD ROEN; IRWIN
FRUCHTMAN; IRVING ROSTON; LORI EMSLIE; JUNE ALPERT;
EDDIE D. SUSALLA; IRWIN A. MOLASKY AND MERV ADELSON
NOVEMBER 20, 1987, RECORDER'S FILE NO. 87-651093
NOTE: SAID DEED OF TRUST'S OUTSTANDING BALANCE HAS BEEN REDUCED
TO AN AMOUNT NOT TO EXCEED $60,000,000.00 AS DISCLOSED BY A
SUBORDINATION AGREEMENT RECORDED JULY 20. 1988. RECORDER'S FILE NO.
88-351918.
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH. BY THE PROVISIONS OF AN INSTRUMENT
DATED
EXECUTED BY
RECORDED
SUBORDINATED TO
RECORDED
JULY 1. 1988
IRWIN A. MOLASKY. ET AL
JULY 20. 1988. RECORDER'S FILE NO. 88-351918
DEED OF TRUST TO THE FUJI BANK LTD.
JULY 20. 1988, RECORDER'S FILE NO. 88-351339
SAID MATTER AFFECTS THIS AND OTHER PROPERTY
1182342 PAGE 41
TICOR TITLE INSURANCE
THE FOLLOWING MATTERS AFFECT PARCEL 3C:
1. GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, IF ANY,
COLLECTED WITH SAID TAXES.
FOR THE FISCAL YEAR 1990-91
INCLUDING PERSONAL PROPERTY TAX, IF ANY,
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
TAXATION CODE OF THE STATE OF CALIFORNIA.
GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, IF ANY,
COLLECTED WITH SAID TAXES.
FOR THE FISCAL YEAR : 1989-90
INCLUDING PERSONAL PROPERTY TAX, IF ANY,
SECOND INSTALLMENT : NOW DUE AND PAYABLE
2. AN OFFER OF DEDICATION TO PUBLIC USE OF A PORTION OF SAID LAND.
SAID OFFER WAS REJECTED ON SAID MAP, BUT IS SUBJECT TO FUTURE
ACCEPTANCE UNDER THE PROVISIONS OF SECTION NUMBER 66477.2 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
DESIGNATED ON MAP NO.: 5434
AS : DRAINAGE EASEMENTS
NOTE: BY A DOCUMENT RECORDED FEBRUARY 16. 1965, RECORDER'S FILE NO.
27697, THE FORMERLY REJECTED STORM DRAIN EASEMENTS WERE ACCEPTED FOR
PUBLIC USE. SEE MAP NO. 5734 OF SAID LAND FOR LOCATION OF SAID
EASEMENTS.
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
CARLSBAD MUNICIPAL WATER DISTRICT
POWER TRANSMISSION AND COMMUNICATION PURPOSES
FEBRUARY 27, 1962, RECORDER'S FILE NO. 33068
A STRIP OF LAND 20 FEET IN WIDTH IN LOT 146 AS SHOWN
ON MAP NO. 5734 OF SAID LAND
IN FAVOR OF
FOR
RECORDED
AFFECTS
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
SAN DIEGO GAS & ELECTRIC COMPANY
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY
APRIL 16. 1954. IN BOOK 5207. PAGE 161 OF OFFICIAL
RECORDS
AFFECTS : LOT 145 AS SHOWN ON MAP NO. 5734
IN FAVOR OF
FOR
RECORDED
1182342 PAGE 42
TICOR TITLE INSURANCE
5. A WAIVER AND RELEASE EXECUTED BY RANCHO LA COSTA. INC., CONCERNING
THE DISCHARGE OF WATER FROM CERTAIN DRAINAGE OUTLETS SERVING LA COSTA
VALLEY UNIT NO. 1, AND RECORDED APRIL 8, 1964, RECORDER'S FILE NO.
63487.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
6. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY
UNDERGROUND COMMUNICATION STRUCTURES
NOVEMBER 4, 1964, RECORDER'S FILE NO. 201453
A STRIP OF LAND 5 FEET IN WIDTH IN LOT 145 AS SHOWN ON
MAP NO. 5734 OF SAID LAND
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT.
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY
UNDERGROUND COMMUNICATION STRUCTURES
DECEMBER 3, 1964, RECORDER'S FILE NO. 219752
A STRIP OF LAND 5 FEET IN WIDTH IN LOT 145 AS SHOWN ON
MAP NO. 5734 OF SAID LAND
8. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
COUNTY OF SAN DIEGO
A STORM DRAIN
JANUARY 13, 1965, RECORDER'S FILE NO. 6647
LOT 146 AS SHOWN ON MAP NO. 5734 OF SAID LAND
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
9. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
COUNTY OF SAN DIEGO
INGRESS AND EGRESS AT SUCH TIMES AS NOT TO INTERFERE
UNREASONABLY WITH NORMAL USAGE BY GRANTOR. EXCEPT IN
TIMES OF EMERGENCY. TO. UPON. THROUGH. OVER AND ACROSS
BY SUCH PARTICULAR ROUTE OR ROUTES, FOR TRUCK MOVEMENT
AS ARE REASONABLY SET FORTH BY THE GRANTOR AT THE TIME
OF INGRESS
FEBRUARY 16. 1965. RECORDER'S FILE NO. 27698
ALL THOSE PORTIONS OF SECTIONS 26 AND 35. TOWNSHIP 12
SOUTH. RANGE 4 WEST, SAN BERNARDINO MERIDIAN, LYING
EASTERLY OF EL CAMINO REAL -ROAD SURVEY 682- RIGHT OF
WAY AND WITHIN THE BOUNDARIES OF THE EXISTING GOLF
COURSE OR GREENBELT AREAS
NOTE: THIS EASEMENT IS GRANTED FOR THE MAINTENANCE, REPAIR,
REPLACEMENT, RECONSTRUCTION AND INSPECTION OF ALL DRAINAGE FACILITIES,
CONTAINED IN THE DRAINAGE EASEMENTS WITHIN LA COSTA VALLEY UNIT NO. 1.
10. 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
1182342 PAGE 43
gl TICOR TITLE INSURANCE
IN FAVOR OF
FOR
RECORDED
AFFECTS
LEUCADIA COUNTY WATER DISTRICT. A POLITICAL
SUBDIVISION
SEWER PIPELINE AND PUMPING STATION
JULY 9. 1965, RECORDER'S FILE NO. 123282
LOT 147 AND IS SHOWN ON MAP NO. 5734 OF SAID LAND
11. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP 5734
FOR DRAINAGE AND SEWAGE
12. AN OFFER OF DEDICATION TO PUBLIC USE OF A PORTION OF SAID LAND.
SAID OFFER WAS REJECTED ON SAID MAP, BUT IS SUBJECT TO FUTURE
ACCEPTANCE UNDER THE PROVISIONS OF SECTION NUMBER 66477.2 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
DESIGNATED ON MAP NO.: 5734
AS PORTION OF LOT 146 RESERVED FOR FUTURE
STREET AND PORTION OF LOT 147 RESERVED FOR
FUTURE STREET
13. COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION
OF RESTRICTIONS
RECORDED MAY 18, 1966, RECORDER'S FILE NO. 83027
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
IT ALSO PROVIDES 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.
14. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT. AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
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
MAY 25. 1966. RECORDER'S FILE NO. 87467
WITHIN THOSE CERTAIN 6.00 FOOT STRIPS OF LAND. BEING
3.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTER LINES:
STATED HEREIN.
IN FAVOR OF :
FOR
RECORDED
AFFECTS
BEGINNING AT A POINT ON THE EASTERLY LINE OF LOT 88 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. DISTANT THEREON NORTH
10*30'55" WEST, 3.09 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 88;
THENCE FROM SAID POINT OF BEGINNING SOUTH 86*36'40" EAST. 32.11 FEET
TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "A". SAID POINT
"A" BEING A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE WESTERLY,
HAVING A RADIUS OF 50.15 FEET, A RADIAL LINE OF SAID CURVE PASSING
THROUGH SAID POINT BEARS NORTH 62*16'50" EAST; THENCE SOUTHERLY ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 37*16'00", A
DISTANCE OF 32.62 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE
1182342 PAGE 44
TICOR TITLE INSURANCE
NORTHWESTERLY, HAVING A RADIUS OF 186.82 FEET, A RADIAL LINE OF SAID
COMPOUND CURVE PASSING THROUGH SAID POINT OF COMPOUND CURVATURE BEARS
SOUTH 80*27'10" EAST; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC
OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 29*58'00", A DISTANCE OF
97.71 FEET; THENCE TANGENT TO SAID CURVE SOUTH 39*30'50" WEST, 70.45
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING
A RADIUS OF 60.91 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH
A CENTRAL ANGLE OF 18*53'00", A DISTANCE OF 20.07 FEET; THENCE TANGENT
TO SAID CURVE SOUTH 58*23'50" WEST, 81.83 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 154.83 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF ir04'00", A DISTANCE OF 29.91 FEET; THENCE SOUTH 47°19'50"
WEST, 17.70 FEET TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT
"B"; THENCE FROM SAID POINT "B" CONTINUING SOUTH 47*19'50" WEST, 76.93
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY, HAVING A
RADIUS OF 52.24 FEET; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 59*44'00", A DISTANCE OF
54.46 FEET; THENCE TANGENT TO SAID CURVE SOUTH 12*24'10" EAST, 50.52
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY, HAVING A
RADIUS OF 241.55 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 9°28'00", A DISTANCE OF 39.91 FEET; THENCE
TANGENT TO SAID CURVE SOUTH 2*56'10" EAST, 26.60 FEET.
ALSO: BEGINNING AT SAID POINT "A" SAID POINT "A" BEING A POINT ON THE
ARC OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF
42.18 FEET, A RADIAL LINE OF SAID CURVE PASSING THROUGH SAID POINT
BEARS SOUTH 39*52'10" EAST, THENCE NORTHEASTERLY AND NORTHERLY ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 49*24'00", A
DISTANCE OF 36.37 FEET; THENCE TANGENT TO SAID CURVE NORTH 0*43'50"
EAST, 139.80 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY,
HAVING A RADIUS OF 107.53 FEET; THENCE NORTHERLY ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 15*53'00". A DISTANCE OF 29.81
FEET; THENCE TANGENT TO SAID CURVE NORTH 15*09'10" WEST. 35.00 FEET TO
A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "C"; THENCE FROM
SAID POINT "C"; CONTINUING NORTH 15*09'10" WEST, 24.00 FEET.
ALSO: BEGINNING AT SAID POINT "A"; THENCE SOUTH 86*36'40" EAST, 40.00
FEET.
ALSO: BEGINNING AT SAID POINT "B", SAID POINT "B" BEING A POINT ON
THE ARC OF A TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 25.00
FEET; THENCE SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 82*18'00", A DISTANCE OF
35.91 FEET; THENCE TANGENT TO SAID CURVE SOUTH 34*58'10" EAST, 20.70
FEET.
ALSO: BEGINNING AT SAID POINT "C", SAID POINT "C" BEING A POINT ON
THE ARC OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF
26.69 FEET; THENCE NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 55*52'00", A DISTANCE OF 26.02 FEET.
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
FOR
RECORDED
SAN DIEGO GAS & ELECTRIC COMPANY
GAS PIPE LINES
MAY 25, 1966, RECORDER'S FILE NO. 87468
1182342 PAGE 45
gl TICOR TITLE INSURANCE
AFFECTS : A STRIP OF LAND 6.00 FEET IN WIDTH, BEING 3.00 FEET
MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT A POINT ON THE EASTERLY LINE OF LOT 88 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, DISTANT THEREON NORTH
10*30'55" WEST, 3.09 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 88,
THENCE FROM SAID POINT OF BEGINNING, SOUTH 86*36'40" EAST, 47.11 FEET
TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "A"; THENCE FROM
SAID POINT "A", SOUTH 17°52'2r' WEST, 32.31 FEET TO THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 186.82
FEET, A RADIAL LINE OF SAID CURVE PASSING THROUGH SAID POINT BEARS
SOUTH 80*27'10" EAST; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 29*58'00", A DISTANCE OF
97.71 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 39*30'50" WEST, 70.45
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY. HAVING
A RADIUS OF 60.91 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE.
THROUGH A CENTRAL ANGLE OF 18*53'00", A DISTANCE OF 20.07 FEET; THENCE
TANGENT TO SAID CURVE, SOUTH 58*23'50" WEST, 81.83 FEET.
ALSO: BEGINNING AT SAID POINT "A"; THENCE NORTH 0*43'50" EAST, 173.06
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY, HAVING A
RADIUS OF 107.53 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 15*53'00", A DISTANCE OF 29.81 FEET; THENCE
TANGENT TO SAID CURVE NORTH 15*09'10" WEST, 59.00 FEET.
16. 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 : ARNOLD R. BRILHART AND VERLYE BRILHART, HUSBAND AND
WIFE
FOR STREET PURPOSES AND FOR SEWER, WATER, GAS, POWER AND
TELEPHONE AND OTHER UTILITY LINES
RECORDED : OCTOBER 7, 1966, RECORDER'S FILE NO. 162107
AFFECTS : THOSE PORTIONS OF LOTS 146 AND 147 OF LA COSTA VALLEY
UNIT NO. 3, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5734. FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY. MAY 18. 1966 WHICH ARE DESIGNATED ON SAID MAP
NO. 5734. AS "PORTION OF LOT 146. RESERVED FOR FUTURE
STREET" AND "PORTION OF LOT 147 AS RESERVED FOR FUTURE
STREET"
SAID EASEMENT HAS BEEN GRANTED AND RESERVED IN VARIOUS DEEDS OF RECORD
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 : 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 JULY 11, 1966, RECORDER'S FILE NO. 112556
1182342 PAGE 46
g| TICOR TITLE INSURANCE
AFFECTS LOT 147
SAID MATTER AFFECTS:
WITHIN THOSE CERTAIN 6.00 FOOT STRIPS OF LAND, BEING 3.00 FEET ON
EACH AND EVERY SIDE OF THE "ELECTRIC FACILITIES" AS THEY EXIST OR
WILL EXIST, THE LOCATIONS OF WHICH ARE SHOWN ON THE PLAN MARKED
EXHIBIT "A", ATTACHED TO SAID DOCUMENT.
18. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
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
AUGUST 19, 1966, RECORDER'S FILE NO. 135110
LOT 147
SAID MATTER AFFECTS:
WITHIN THOSE CERTAIN 6.00 FOOT STRIPS OF LAND, BEING 3.00 FEET ON
EACH AND EVERY SIDE OF THE "ELECTRIC FACILITIES" AS THEY EXIST OR
WILL EXIST, THE LOCATIONS OF WHICH ARE SHOWN ON THE PLAN MARKED
EXHIBIT "A". ATTACHED TO SAID DOCUMENT.
19. EFFECT OF A DEED FROM RANCHO LA COSTA, INC., A
TO MARVIN KRATTER, A MARRIED MAN, RECORDED JANUARY
RECORDER'S FILE NO. 16983.
NEVADA CORPORATION
29, 1970,
AFFECTS: THOSE RIGHTS WHICH MAY VEST IN THE OWNER OF LOT 145 OF LA
COSTA VALLEY UNIT NO. 3 BY IMPLICATION OR OTHERWISE IN THE FOLLOWING:
1. AN EASEMENT AND RIGHT OF WAY FOR STREET PURPOSES AND FOR SEWER,
WATER, GAS, POWER AND TELEPHONE AND OTHER UTILITY LINES TO BE USED IN
COMMON WITH THE GRANTORS AND OTHERS OVER, UPON AND UNDER THOSE
PORTIONS OF LOTS 146 AND 147 OF LA COSTA VALLEY UNIT NO. 3, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO,
5734, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
MAY 18, 1966, WHICH ARE DESIGNATED ON SAID MAP NO. 5734, AS "PORTION
OF LOT 146 RESERVED FOR FUTURE STREET", AND "PORTION OF LOT 147
RESERVED FOR FUTURE STREET", AS THE ABOVE EASEMENT WAS RESERVED FOR
THE OWNER OF LOT 145.
2. ANY RIGHTS OF THE OWNER OF LOT 145 OF LA COSTA VALLEY UNIT NO. 3,
TO CROSS LOT 144 OF SAID LA COSTA VALLEY UNIT NO. 3, FOR THE PURPOSE
OF INGRESS AND EGRESS.
20. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT.
STATED HEREIN,
IN FAVOR OF :
FOR :
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
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
1182342 PAGE 47
TICOR TITLE INSURANCE
RECORDED
AFFECTS
PLACED THEREIN AND ALL NECESSARY MISCELLANEOUS
EQUIPMENT AND MATERIAL CONNECTED THEREWITH
FEBRUARY 19, 1970, RECORDER'S FILE NO. 31350
LOT 145 OF LA COSTA VALLEY UNIT NO. 3, ACCORDING
MAP THEREOF NO. 5734, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY.
TO
THE SAID EASEMENT AND RIGHT OF WAY
PARTICULARLY DESCRIBED AS FOLLOWS:
IN THE AFORESAID LANDS IS
THAT CERTAIN STRIP OF LAND 8.00 FEET IN WIDTH, LYING ADJACENT TO,
CONTIGUOUS WITH AND NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE MOST WESTERLY CORNER OF LOT 144 OF SAID LA COSTA
VALLEY UNIT NO. 3; THENCE FROM SAID POINT OF BEGINNING, NORTH
25*04'55" EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 144, A
DISTANCE OF 10.00 FEET.
21. AN EASEMENT. AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT.
STATED HEREIN.
IN FAVOR OF :
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
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 AND FOR ALL
PURPOSES CONNECTED THEREWITH
FEBRUARY 19, 1970, RECORDER'S FILE NO. 31361
LOT 145 BEING THAT CERTAIN STRIP OF LAND 8.00 FEET IN
WIDTH, LYING ADJACENT TO, CONTIGUOUS WITH AND
NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE MOST WESTERLY CORNER OF LOT 144 OF SAID LA COSTA
VALLEY UNIT NO. 3; THENCE FROM SAID POINT OF BEGINNING, NORTH
25*04'55" EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 144, A
DISTANCE OF 10.00 FEET.
22. AN EASEMENT. AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT.
STATED HEREIN.
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
CARLSBAD MUNICIPAL WATER DISTRICT
A PIPELINE OR PIPELINES
JULY 11. 1974. RECORDER'S FILE NO. 74-185051
ARENAL ROAD WATER MAIN EXTENSION
EASEMENT DESCRIPTION:
THAT PORTION OF LOT 147. RESERVED FOR FUTURE STREET, OF LA COSTA
VALLEY UNIT NO. 3. MAP NO. 5734 AS RECORDED MAY 18. 1966. IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. STATE OF CALIFORNIA.
DESCRIBED AS FOLLOWS:
PARCEL NO. 1:
COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 141. AS SHOWN ON LA
COSTA VALLEY UNIT NO. 3, MAP NO. 5734 AS RECORDED ON MAY 18, 1966, IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID POINT OF
COMMENCEMENT BEING ALSO THE TRUE POINT OF BEGINNING AND A POINT ON
1182342 PAGE 48
TICOR TITLE INSURANCE
THE ARC OF A 372.00 FOOT RADIUS CURVE. CONCAVE SOUTHEASTERLY. A RADIAL
LINE THRU SAID POINT BEARS NORTH 35*14'35" WEST; THENCE NORTHERLY AND
EASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 211.02 FEET
THRU A CENTRAL ANGLE OF 32*30'07" TO A POINT ON THE SOUTHEASTERLY
BOUNDARY OF SAID MAP. A RADIAL LINE THRU SAID POINT BEARS NORTH
2°44'28" WEST; THENCE ALONG SAID BOUNDARY SOUTH 52*00'00" WEST 57.63
FEET TO THE POINT OF INTERSECTION OF A NON TANGENT 282.00 FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE THRU SAID POINT BEARS
NORTH 14*49'46" WEST; THENCE SOUTHERLY AND WESTERLY ALONG THE ARC OF
SAID CURVE 120.44 FEET THRU A CENTRAL ANGLE OF 24*28'12"; THENCE
TANGENT TO SAID CURVE SOUTH 50*42'02" WEST 395.25 FEET; THENCE SOUTH
50*16'42" WEST 36.54 FEET TO THE BEGINNING OF A TANGENT 700.00 FOOT
RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHERLY AND WESTERLY
ALONG THE ARC OF SAID CURVE 130.54 FEET THRU A CENTRAL ANGLE OF
10*4r04"; THENCE SOUTH 54*57'11" WEST 19.70 FEET TO AN ANGLE POINT
IN THE SOUTHEASTERLY BOUNDARY OF SAID MAP NO. 5734; THENCE SOUTH
60*08'36" WEST 37.00 FEET TO A POINT ON A NON TANGENT 48.00 FOOT
RADIUS CURVE, A RADIAL LINE THRU SAID POINT BEARS SOUTH 70*15'5r' EAST;
THENCE NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE 55.94 FEET
THRU A CENTRAL ANGLE OF 66*46'48"; THENCE LEAVING SAID CURVE NORTH
71*36'09" EAST 30.00 FEET; THENCE NORTH 45*45'07" EAST 99.00 FEET;
THENCE LEAVING SAID BOUNDARY SOUTH 57*00'00" EAST 20.70 FEET TO A
POINT ON A 656.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL
LINE THRU SAID POINT BEARS NORTH 37*06'31" WEST; THENCE NORTHERLY AND
EASTERLY ALONG THE ARC OF SAID CURVE 29.92 FEET THRU A CENTRAL ANGLE
OF 2*36' 47"; THENCE TANGENT TO SAID CURVE NORTH 50*16'42" EAST 382.55
FEET TO A TANGENT 372.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY;
THENCE NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE 29.08 FEET,
THRU A CENTRAL ANGLE OF 4*28'43" TO THE TRUE POINT OF BEGINNING.
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
IN FAVOR OF DONALD R. ROCHAMBEAU AND KAREN ROCHAMBEAU, HUSBAND AND
WIFE AS JOINT TENANTS
FOR : SWIMMING POOL, DECKING, LANDSCAPING FENCES AND
APPURTENANCES
RECORDED JUNE 15, 1977, RECORDER'S FILE NO. 77-235824
AFFECTS THAT PORTION OF LOT 145 OF LA COSTA VALLEY UNIT NO. 3,
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 5734, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF LOT 74 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; THENCE ALONG THE BOUNDARY OF
SAID LOT 145. NORTH 25*04'55" EAST 57.12 FEET TO THE SOUTHWESTERLY
LINE OF THE 100.00 FOOT SAN DIEGO GAS & ELECTRIC COMPANY RIGHT OF WAY.
AS SHOWN ON SAID MAP NO. 5734; THENCE ALONG SAID SOUTHWESTERLY LINE
NORTH 64*55'05" WEST TO A LINE WHICH BEARS NORTH 25*04'55" EAST FROM
THE MOST NORTHERLY CORNER OF SAID LOT 74; THENCE SOUTH 25*04'55" WEST
TO SAID MOST NORTHERLY CORNER; THENCE SOUTH 42*38'40" EAST 82.50 FEET
TO THE POINT OF BEGINNING.
24. AN EASEMENT. AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT. AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
1182342 PAGE 49
TICOR TITLE INSURANCE
STATED HEREIN,
IN FAVOR OF :
FOR
RECORDED
AFFECTS
AND INCIDENTAL PURPOSES
THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, A
CORPORATION
UNDERGROUND COMMUNICATION STRUCTURES
OCTOBER 19, 1978, RECORDER'S FILE NO. 78-447409
LOT 145 AS FOLLOWS:
LOCATED ON A STRIP OF LAND 5.00 FEET IN WIDTH IN SAID LOT 145 LYING
SOUTHEASTERLY, EASTERLY AND SOUTHWESTERLY OF AND ABUTTING THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 145, THENCE SOUTH
52*28'36" WEST, 98.90 FEET ALONG THE SOUTHEASTERLY LINE OF LOT 64 OF
LA COSTA VALLEY UNIT NO. 1 SUBDIVISION AS SAID LOT IS SHOWN ON MAP OF
SAID SUBDIVISION FILED FOR RECORD AS MAP NO. 5434 ON THE 29 DAY OF
JULY. 1964. TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH
52*28'36" WEST, 143.04 FEET; THENCE SOUTH 15*01'58" WEST, 65.08 FEET;
THENCE SOUTH 03*30'49" EAST. 196.67 FEET; THENCE NORTH 64*55'05" WEST.
155.00 FEET TO THE POINT OF TERMINATION IN THE WESTERLY LINE OF SAID
LOT 145.
25. AN EASEMENT. AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY. A
CORPORATION
UNDERGROUND COMMUNICATION STRUCTURES
OCTOBER 24. 1978. RECORDER'S FILE NO. 78-453782
PORTION OF LOT 146 RESERVED FOR FUTURE STREET
IN FAVOR OF
FOR
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
SAN DIEGO GAS & ELECTRIC COMPANY. A CORPORATION
UNDERGROUND FACILITIES AND ABOVEGROUND STRUCTURES FOR
THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY
RECORDED MAY 22. 1979, RECORDER'S FILE NO. 79-210144
AFFECTS : LOT 146 AS FOLLOWS:
A STRIP OF LAND 8.00 FEET IN WIDTH, BEING 4.00 FEET MEASURED AT RIGHT
ANGLES. ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 142 OF SAID MAP NO.
5734; THENCE ALONG THE EASTERLY LINE THEREOF SOUTH 03*00'00" WEST.
180.52 FEET AND SOUTH 19*00'00" WEST, 45.00 FEET; THENCE LEAVING SAID
EASTERLY LINE NORTH 7r00'00" WEST, 86.51 FEET; THENCE SOUTH 13*30'00"
WEST, 6.00 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE
HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING RETRACING
NORTH 13*30'00" EAST, 37.00 FEET TO THE BEGINNING OF A TANGENT 36.46
FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHERLY AND
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
69*52'00". A DISTANCE OF 43.83 FEET; THENCE TANGENT NORTH 56*22'00"
WEST TO A POINT OF INTERSECTION WITH THE CENTER LINE OF THAT CERTAIN
EASEMENT AND RIGHT OF WAY GRANTED TO SAN DIEGO GAS & ELECTRIC COMPANY.
RECORDED MAY 25, 1966 AT RECORDER'S FILE NO. 87467 OF OFFICIAL RECORDS
OF SAID COUNTY OF SAN DIEGO. BEING A DISTANCE OF 9 FEET, MORE OR LESS,
1182342 PAGE 50
TICOR TITLE INSURANCE
EXCEPTING FROM THE ABOVE DESCRIBED EASEMENT AND RIGHT OF WAY ANY
PORTION THEREOF NOT LYING WITHIN THE ABOVE DESCRIBED LANDS OF THE
GRANTOR HEREIN.
27. AN EASEMENT. AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
A LINE OF PIPE FOR THE TRANSMISSION AND DISTRIBUTION
OF GAS
DECEMBER 3, 1979, RECORDER'S FILE NO. 79-507125
LOT 146 AS FOLLOWS:
A STRIP OF LAND 6.00 FEET IN WIDTH, BEING 3.00 FEET MEASURED AT RIGHT
ANGLES. ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
COMMENCING AT THE NORTHEAST CORNER OF LOT 142 OF SAID LA COSTA VALLEY
UNIT NO. 3; THENCE ALONG THE EASTERLY LINE THEREOF SOUTH 03*00'00"
WEST. 162.60 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 70*37'00"
WEST. 77.76 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE
HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING CONTINUING
NORTH 70*37'00" WEST. 32.00 FEET.
28. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF :
FOR :
RECORDED
AFFECTS
SAID MATTER
LOT 147
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
A. UNDERGROUND FACILITIES AND APPURTENANCES FOR THE
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY.
B. COMMUNICATION FACILITIES. AND APPURTENANCES.
MARCH 12. 1986, RECORDER'S FILE NO. 86-095616
THE EASEMENT SHALL BE A STRIP OF LAND, INCLUDING ALL
OF THE AREA LYING BETWEEN THE EXTERIOR SIDELINES,
WHICH SIDELINES SHALL BE 3 FEET, MEASURED AT RIGHT
ANGLES, ON EACH EXTERIOR SIDE OF EACH AND EVERY
FACILITY INSTALLED, THE APPROXIMATE LOCATION BEING
SHOWN ON EXHIBIT "A", ATTACHED TO SAID DOCUMENT.
AFFECTS:
29. A CERTIFICATE OF COMPLIANCE BY AND BETWEEN LA COSTA HOTEL & SPA
AND CITY OF CARLSBAD, RECORDED JULY 24, 1986, RECORDER'S FILE NO.
86-308957.
NOTE: SIMILAR CERTIFICATE RECORDED JULY 24, 1986, RECORDER'S FILE NO.
86-308956.
SAID MATTER AFFECTS:
ADDING A SMALL SLIVER OF LOT 147 MAP 5734 TO LOT 101 MAP 5434.
SAID MATTER AFFECTS:
TAX PARCEL NO. 215-210-12
30. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
1182342 PAGE 51
grnCOR TITLE INSURANCE
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
RAY WILSON
MAINTENANCE OF A SWIMMING POOL
AUGUST 13, 1986, RECORDER'S FILE NO. 86-346125
A 20 FOOT STRIP OF LAND IN LOT 147, MAP 5734, ADJACENT
TO LOT 96, MAP 5434.
31. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
STATED HEREIN
JULY 1, 1988
$107,000,000.00
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
THE FUJI BANK, LTD.
JULY 20, 1988, RECORDER'S FILE NO. 88-351339
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
SAID MATTER AFFECTS THIS AND OTHER PROPERTY.
32. AN UNRECORDED MANAGEMENT AGREEMENT DATED AUGUST 12, 1987, BY AND
BETWEEN LA COSTA HOTEL AND SPA CORPORATION. A CALIFORNIA CORPORATION
(AS OWNER) AND GLOBAL HOSPITALITY CORPORATION. A CALIFORNIA
CORPORATION (AS MANAGER), AS DISCLOSED BY AN ASSIGNMENT AND
SUBORDINATION OF MANAGEMENT AGREEMENT AND ESTOPPEL CERTIFICATE AND
CONSENT RECORDED JULY 20, 1988, RECORDER'S FILE NO. 88-351340.
SAID MANAGEMENT AGREEMENT
HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS
PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
RECORDED JULY 20, 1988, RECORDER'S FILE NO. 88-351340
SUBORDINATED TO : DEED OF TRUST TO THE FUJI BANK LTD.
RECORDED : JULY 20, 1988, RECORDER'S FILE NO. 88-351339
33. A DEED OF
STATED HEREIN
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
NOVEMBER 19, 1987
$100,000,000.00
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY
IRWIN A. MOLASKY, AS AGENT FOR MOLASKY - LA COSTA
PARTNERSHIP, A LIMITED PARTNERSHIP; ADELSON - LA COSTA
PARTNERSHIP, A LIMITED PARTNERSHIP; ALLARD ROEN; IRWIN
FRUCHTMAN; IRVING ROSTON; LORI EMSLIE; JUNE ALPERT;
EDDIE D. SUSALLA; IRWIN A. MOLASKY AND MERV ADELSON
NOVEMBER 20, 1987, RECORDER'S FILE NO. 87-651093
NOTE: SAID DEED OF TRUST'S OUTSTANDING BALANCE HAS BEEN REDUCED
TO AN AMOUNT NOT TO EXCEED $60,000,000.00 AS DISCLOSED BY A
SUBORDINATION AGREEMENT RECORDED JULY 20. 1988, RECORDER'S FILE NO,
88-351918.
SAID DEED OF
REFERRED TO IN
DATED
EXECUTED BY
TRUST HAS BEEN SUBORDINATED TO
THIS PARAGRAPH, BY THE PROVISIONS
: JULY 1, 1988
: IRWIN A. MOLASKY, ET AL
THE SUBJECT MATTER
OF AN INSTRUMENT
1182342 PAGE 52
gl TICOR TITLE INSURANCE
RECORDED
SUBORDINATED TO
RECORDED
JULY 20, 1988, RECORDER'S FILE NO. 88-351918
DEED OF TRUST TO THE FUJI BANK LTD.
JULY 20, 1988, RECORDER'S FILE NO. 88-351339
SAID MATTER AFFECTS THIS AND OTHER PROPERTY.
THE FOLLOWING MATTERS AFFECT PARCEL 3D:
1. GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, IF ANY,
COLLECTED WITH SAID TAXES.
FOR THE FISCAL YEAR : 1990-91
INCLUDING PERSONAL PROPERTY TAX, IF ANY,
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
TAXATION CODE OF THE STATE OF CALIFORNIA.
GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, IF ANY,
COLLECTED WITH SAID TAXES.
FOR THE FISCAL YEAR : 1989-90
INCLUDING PERSONAL PROPERTY TAX, IF ANY,
SECOND INSTALLMENT NOW DUE AND PAYABLE
2. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP
FOR
AFFECTS
5486
A 6 FOOT SEWER EASEMENT
LOT 139 HEREIN DESCRIBED
3. COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION
OF RESTRICTIONS
EXECUTED BY RANCHO LA COSTA INC.
RECORDED : NOVEMBER 23, 1964, RECORDER'S FILE NO. 212837
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
IT ALSO PROVIDES 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.
THE RIGHT TO LEVY CERTAIN CHARGES OR ASSESSMENTS AGAINST SAID LAND
WHICH SHALL BECOME A LIEN IF NOT PAID, AS THEREIN SET FORTH, CONFERRED
UPON RANCHO LA COSTA INC.
SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY
MODIFIED BY AN INSTRUMENT
1182342 PAGE 53
gl TICOR TITLE INSURANCE
EXECUTED BY RANCHO LA COSTA INC.
RECORDED JULY 16, 1965, RECORDER'S FILE NO. 127568
SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY
MODIFIED BY AN INSTRUMENT
EXECUTED BY RANCHO LA COSTA, INC., A NEVADA CORPORATION
RECORDED SEPTEMBER 29, 1965, RECORDER'S FILE NO. 177128
SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY
MODIFIED BY AN INSTRUMENT
EXECUTED BY EL CAMINO PROPERTIES TRUST, RENEE LANE JENKINS, RENA
COSTA, AND PEYTON MC KNIGHT
RECORDED JULY 27, 1987, RECORDER'S FILE NO. 87-419194
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
IN FAVOR OF
FOR
RECORDED
AFFECTS
THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY
UNDERGROUND COMMUNICATION STRUCTURES
MARCH 15. 1965. RECORDER'S FILE NO. 45559
THE FOLLOWING PORTIONS OF SAID PROPERTY:
A STRIP OF LAND 5 FEET IN WIDTH. IN LOT 139. LYING SOUTHEASTERLY OF
AND ABUTTING THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID LOT 139;
THENCE SOUTH 65*05'50" EAST 93 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 36*07'15" EAST TO THE POINT OF TERMINATION IN THE
NORTHEASTERLY LINE OF SAID LOT 139.
5. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
STATED HEREIN
JULY 1, 1988
$107,000,000.00
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
THE FUJI BANK, LTD.
JULY 20, 1988, RECORDER'S FILE NO. 88-351339
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
SAID MATTER AFFECTS THIS AND OTHER PROPERTY.
6. AN UNRECORDED MANAGEMENT AGREEMENT DATED AUGUST 12, 1987, BY AND
BETWEEN LA COSTA HOTEL AND SPA CORPORATION. A CALIFORNIA CORPORATION
(AS OWNER) AND GLOBAL HOSPITALITY CORPORATION. A CALIFORNIA
CORPORATION (AS MANAGER). AS DISCLOSED BY AN ASSIGNMENT AND
SUBORDINATION OF MANAGEMENT AGREEMENT AND ESTOPPEL CERTIFICATE AND
CONSENT RECORDED JULY 20. 1988. RECORDER'S FILE NO. 88-351340.
SAID MANAGEMENT AGREEMENT
HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS
PARAGRAPH. BY THE PROVISIONS OF AN INSTRUMENT
RECORDED JULY 20. 1988. RECORDER'S FILE NO. 88-351340
SUBORDINATED TO : DEED OF TRUST TO THE FUJI BANK LTD.
RECORDED : JULY 20. 1988, RECORDER'S FILE NO. 88-351339
7. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
1182342 PAGE 54
gl TICOR TITLE INSURANCE
STATED HEREIN
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
NOVEMBER 19, 1987
$100,000,000.00
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY
IRWIN A. MOLASKY, AS AGENT FOR MOLASKY - LA COSTA
PARTNERSHIP, A LIMITED PARTNERSHIP; ADELSON - LA COSTA
PARTNERSHIP, A LIMITED PARTNERSHIP; ALLARD ROEN; IRWIN
FRUCHTMAN; IRVING ROSTON; LORI EMSLIE; JUNE ALPERT;
EDDIE D. SUSALLA; IRWIN A. MOLASKY AND MERV ADELSON
NOVEMBER 20, 1987, RECORDER'S FILE NO. 87-651093
NOTE: SAID DEED OF TRUST'S OUTSTANDING BALANCE HAS BEEN REDUCED
TO AN AMOUNT NOT TO EXCEED $60,000,000.00 AS DISCLOSED BY A
SUBORDINATION AGREEMENT RECORDED JULY 20, 1988, RECORDER'S FILE NO.
88-351918.
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED
DATED
EXECUTED BY
RECORDED
SUBORDINATED TO
RECORDED
PROVISIONS OF AN INSTRUMENT TO IN THIS PARAGRAPH, BY THE
JULY 1. 1988
IRWIN A. MOLASKY. ET AL
JULY 20. 1988, RECORDER'S FILE NO. 88-351918
DEED OF TRUST TO THE FUJI BANK LTD.
JULY 20, 1988, RECORDER'S FILE NO. 88-351339
SAID MATTER AFFECTS THIS AND OTHER PROPERTY
1182342 PAGE 55
TICOR TITLE INSURANCE
THE FOLLOWING MATTERS AFFECT PARCEL 4: (EASEMENT TO ALGA ROAD)
1. GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, IF ANY,
COLLECTED WITH SAID TAXES.
FOR THE FISCAL YEAR : 1990-91
INCLUDING PERSONAL PROPERTY TAX, IF ANY,
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
TAXATION CODE OF THE STATE OF CALIFORNIA.
2. 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
LEUCADIA COUNTY WATER DISTRICT
SEWER PIPE LINE AND PUMPING STATION
JULY 9, 1965, RECORDER'S FILE NO. 123282
ALL OF THAT PORTION LYING WITHIN PARCELS 6 AND 17 OF
SAID INSTRUMENT
3. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP
FOR
AFFECTS
5781
SEWER
AS SHOWN ON SAID MAP
4. AN OFFER OF DEDICATION TO PUBLIC USE OF A PORTION OF SAID LAND.
SAID OFFER WAS REJECTED ON SAID MAP, BUT IS SUBJECT TO FUTURE
ACCEPTANCE UNDER THE PROVISIONS OF SECTION NUMBER 66477.2 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
DESIGNATED ON MAP NO.: 5781
AS : DRAINAGE EASEMENTS
NOTE: A RESOLUTION ACCEPTING PREVIOUSLY REJECTED STORM DRAIN
EASEMENTS AS RECORDED NOVEMBER 22, 1966, RECORDER'S FILE NO. 184330.
5. COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION
OF RESTRICTIONS
RECORDED : OCTOBER 4, 1966, RECORDER'S FILE NO. 160240
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
IT ALSO PROVIDES 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
1182342 PAGE 56
^ TICOR TITLE INSURANCE
MODIf I ED BY
RECORDED
AN INSTRUMENT
NOVEMBER 10, 1988, RECORDER'S FILE NO. 88-579961
SAID COVENANTS, CONDITIONS
MODIFIED BY AN INSTRUMENT
RECORDED : NOVEMBER 14
AND RESTRICTIONS HAVE BEEN PURPORTEDLY
1988, RECORDER'S FILE NO. 88-582845
6. AN EASEMENT. AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT.
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT
SEWER PIPE LINE OR PIPELINES
MARCH 1, 1968, RECORDER'S FILE NO. 35784
A STRIP OF LAND 10.00 FEET IN WIDTH, THE CENTER LINE
OF SAID PARCEL BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT
BEING A POINT IN A 4910.00 FOOT RADIUS CURVE,
RADIAL LINE THROUGH SAID POINT BEARS SOUTH 00
EASTERLY ALONG SAID CURVE AND ALONG THE NORTH
THROUGH A CENTRAL ANGLE OF 00*47'08" AN ARC D
THE TRUE POINT OF BEGINNING, WHICH IS ALSO A
OF THE EXISTING SEWER EASEMENT "PARCEL 16" AS
LEUCADIA COUNTY WATER DISTRICT RECORDED JULY
NO. 123251 OF SERIES 6, BOOK 1965 OF OFFICIAL
THENCE ALONG THE FOLLOWING COURSES:
NO. 148, SAID CORNER
CONCAVE SOUTHERLY, A
*45'02" WEST; THENCE
LINE OF SAID LOT NO. 148
ISTANCE OF 67.32 FEET TO
POINT ON THE CENTER LINE
DESCRIBED IN DEED TO THE
9, 1965, RECORDER'S FILE
RECORDS OF SAID COUNTY;
SOUTH 07*32'53" EAST 45.37 FEET; THENCE SOUTH 38*07'00'
FEET, MORE OR LESS, TO A POINT IN THE WESTERLY LINE OF
10.00 FOOT WIDE SEWER EASEMENT AS SHOWN IN SAID LOT NO,
5781 .
EAST 23.00
THE EXISTING
148, MAP NO,
THE SIDELINES OF SAID EASEMENT SHALL BE SHORTENED OR LENGTHENED SO AS
TO TERMINATE IN SAID WESTERLY LINE OF THE EXISTING 10.00 FOOT SEWER
EASEMENT.
EXCEPTING THEREFROM ALL THAT PORTION OF THE ABOVE DESCRIBED PARCEL
LYING WITHIN SAID "PARCEL 16" AS DESCRIBED IN RECORDER'S FILE NO.
123282 OF SERIES 6, BOOK 1965 OF OFFICIAL RECORDS OF SAID COUNTY.
7. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
STATED HEREIN
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
JULY 1, 1988
$107,000,000.00
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
THE FUJI BANK, LTD.
JULY 20, 1988, RECORDER'S FILE NO. 88-351339
SAID MATTER AFFECTS THIS AND OTHER PROPERTY.
8. AN UNRECORDED MANAGEMENT AGREEMENT DATED AUGUST 12, 1987, BY AND
BETWEEN LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA CORPORATION
(AS OWNER) AND GLOBAL HOSPITALITY CORPORATION. A CALIFORNIA
CORPORATION (AS MANAGER), AS DISCLOSED BY AN ASSIGNMENT AND
SUBORDINATION OF MANAGEMENT AGREEMENT AND ESTOPPEL CERTIFICATE AND
1182342 PAGE 57
g| TICOR TITLE INSURANCE
CONSENT RECORDED JULY 20, 1988, RECORDER'S FILE NO. 88-351340
SAID MANAGEMENT AGREEMENT
HAS BEEN SUBORDINATED TO
PARAGRAPH, BY THE PROVISIONS
RECORDED
SUBORDINATED
RECORDED
9. A DEED OF
STATED HEREIN
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
TO
JULY
DEED
JULY
20
OF
20
THE SUBJECT MATTER
OF AN INSTRUMENT
1988, RECORDER'S FILE
TRUST TO THE FUJI BANK
1988, RECORDER'S FILE
REFERRED TO IN THIS
NO.
LTD
NO.
88-351340
88-351339
RECORDED
TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
NOVEMBER 19, 1987
$100,000,000.00
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY
IRWIN A. MOLASKY, AS AGENT FOR MOLASKY - LA COSTA
PARTNERSHIP, A LIMITED PARTNERSHIP; ADELSON - LA COSTA
PARTNERSHIP, A LIMITED PARTNERSHIP; ALLARD ROEN; IRWIN
FRUCHTMAN; IRVING ROSTON; LORI EMSLIE; JUNE ALPERT;
EDDIE D. SUSALLA; IRWIN A. MOLASKY AND MERV ADELSON
NOVEMBER 20. 1987, RECORDER'S FILE NO. 87-651093
NOTE: SAID DEED OF TRUST'S OUTSTANDING BALANCE HAS BEEN REDUCED
TO AN AMOUNT NOT TO EXCEED $60,000,000.00 AS DISCLOSED BY A
SUBORDINATION AGREEMENT RECORDED JULY 20, 1988, RECORDER'S FILE NO.
88-351918.
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS
DATED
EXECUTED BY
RECORDED
SUBORDINATED TO
RECORDED
PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
JULY 1, 1988
IRWIN A. MOLASKY, ET AL
JULY 20, 1988, RECORDER'S FILE NO. 88-351918
DEED OF TRUST TO THE FUJI BANK LTD.
JULY 20, 1988, RECORDER'S FILE NO. 88-351339
SAID MATTER AFFECTS THIS AND OTHER PROPERTY
1182342 PAGE 58
gl TICOR TITLE INSURANCE
THE FOLLOWING MATTERS AFFECT PARCEL 5:
1. GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, IF ANY,
COLLECTED WITH SAID TAXES.
FOR THE FISCAL YEAR 1990-91
INCLUDING PERSONAL PROPERTY TAX, IF ANY,
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
TAXATION CODE OF THE STATE OF CALIFORNIA.
GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, IF ANY,
COLLECTED WITH SAID TAXES.
FOR THE FISCAL YEAR : 1989-90
INCLUDING PERSONAL PROPERTY TAX, IF ANY,
SECOND INSTALLMENT NOW DUE AND PAYABLE
2. 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 A LINE OR INDEPENDENT LINE OF POLES AND/OR STEEL
TOWERS, AND WIRES AND/OR CABLES SUSPENDED THEREON AND
SUPPORTED THEREBY
RECORDED : OCTOBER 16, 1956 IN BOOK 6301, PAGE 162 OF OFFICIAL
RECORDS
AFFECTS : PORTION OF SAID LAND
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.
NOTE: A RIGHT-OF-WAY USE AGREEMENT DATED SEPTEMBER 20, 1986 BY AND
BETWEEN SAN DIEGO GAS & ELECTRIC COMPANY AND LA COSTA HOTEL AND SPA. A
CALIFORNIA CORPORATION WAS RECORDED OCTOBER 7. 1986, RECORDER'S FILE
NO. 86-449867.
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
IN FAVOR OF : LEUCADIA COUNTY WATER DISTRICT, A POLITICAL
SUBDIVISION
FOR : CONSTRUCTION, OPERATION, MAINTENANCE, REPAIR AND
REPLACEMENT OF A SEWER PIPE LINE, PUMPING STATION AND
APPURTENANCES
RECORDED JULY 9, 1965. RECORDER'S FILE NO. 123282
AFFECTS : A PORTION OF LOT 3 OF LA COSTA CONDOMINIUM NO. 4, AS
1182342 PAGE 59
gl TICOR TITLE INSURANCE
SHOWN ON MAP NO. 6520
NOTE: A PORTION OF SAID EASEMENT WAS ELIMINATED BY INSTRUMENT
RECORDED JULY 28, 1982, RECORDER'S FILE NO. 82-231019.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
4. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND
INCIDENTAL PURPOSES
IN FAVOR OF
FOR
RECORDED
SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
UNDERGROUND FACILITIES AND ABOVEGROUND STRUCTURES
DECEMBER 3, 1969, RECORDER'S FILE NO. 220265
SAID DEED DOES NOT CONTAIN THE LOCATION OF SAID EASEMENT.
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 OF : LEUCADIA COUNTY WATER DISTRICT
FOR : CONSTRUCTION, OPERATION, MAINTENANCE, REPAIR AND
REPLACEMENT OF A SEWER PIPELINE OR PIPELINES,
MANHOLES. LATERALS AND APPURTENANCES
RECORDED JUNE 20. 1973. RECORDER'S FILE NO. 73-168249
AFFECTS : A STRIP OF LAND 10.00 FEET IN WIDTH LYING 5.00 FEET
EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
COMMENCING AT POINT "C" AS DESCRIBED UNDER PARCEL 3 IN DEED TO
LEUCADIA COUNTY WATER DISTRICT. RECORDED JULY 9, 1965, DOCUMENT NO.
123282 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 58*49'01" WEST
-RECORD SOUTH 58*50'20" WEST-, 333.04 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 58°49'01" WEST, 208.39 FEET; THENCE
NORTH 31*35'41" WEST, 269.16 FEET TO AN INTERSECTION WITH THE CENTER
LINE OF THAT CERTAIN 10.00 FOOT EASEMENT GRANTED TO LEUCADIA COUNTY
WATER DISTRICT UNDER PARCEL 4 IN DEED RECORDED JULY 9, 1965 AS
RECORDER'S FILE NO. 123282, OFFICIAL RECORDS OF SAID COUNTY, SAID
INTERSECTION BEARS NORTH 77*50'28" EAST -RECORD NORTH 77*51'55" EAST-,
106.35 FEET FROM THE WESTERLY TERMINUS OF THAT COURSE DESCRIBED IN
DEED AS "SOUTH 77*51'55" WEST, 299.70 FEET".
THE SIDELINES OF SAID 10.00 FOOT STRIP ARE TO TERMINATE IN THE
SOUTHERLY LINE OF THAT CERTAIN 10.00 FOOT OF LAND GRANTED TO LEUCADIA
COUNTY WATER DISTRICT IN THE ABOVE MENTIONED PARCEL 4.
NOTE: A PORTION OF SAID EASEMENT WAS ELIMINATED BY INSTRUMENT
RECORDED JULY 28, 1982, RECORDER'S FILE NO. 82-231019.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
6. A CERTIFICATE OF COMPLIANCE BY RANCHO LA COSTA INC.. AND THE CITY
OF CARLSBAD. RECORDED NOVEMBER 25, 1981. RECORDER'S FILE NO.
81-374108.
SAID MATTER AFFECTS:
LOT 3. MAP 6520 AND A PORTION OF SECTION 35. TOWNSHIP 12 SOUTH,
RANGE 4 WEST.
1182342 PAGE 60
TICOR TITLE INSURANCE
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
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 : LEUCADIA COUNTY WATER DISTRICT
FOR : SEWER PIPELINE OR PIPELINES
RECORDED : APRIL 12, 1982, RECORDER'S FILE NO. 82-100504
AFFECTS : PORTION OF SAID LAND
8. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF :
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
FOURTH LA COSTA HOMEOWNERS' ASSOCIATION, A CALIFORNIA
NON-PROFIT MUTUAL BENEFIT CORPORATION
INGRESS. EGRESS AND PEDESTRIAN AND VEHICULAR ACCESS TO
COSTA DEL MAR ROAD
NOVEMBER 20, 1987, RECORDER'S FILE NO. 87-651061
AS SHOWN ON PLAT ATTACHED TO SAID DOCUMENT
9. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
STATED HEREIN
JULY 1, 1988
$107,000,000.00
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
THE FUJI BANK, LTD.
JULY 20, 1988, RECORDER'S FILE NO. 88-351339
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
SAID MATTER AFFECTS THIS AND OTHER PROPERTY.
10. AN UNRECORDED MANAGEMENT AGREEMENT DATED AUGUST 12. 1987, BY AND
BETWEEN LA COSTA HOTEL AND SPA CORPORATION. A CALIFORNIA CORPORATION
(AS OWNER) AND GLOBAL HOSPITALITY CORPORATION. A CALIFORNIA
CORPORATION (AS MANAGER). AS DISCLOSED BY AN ASSIGNMENT AND
SUBORDINATION OF MANAGEMENT AGREEMENT AND ESTOPPEL CERTIFICATE AND
CONSENT RECORDED JULY 20. 1988. RECORDER'S FILE NO. 88-351340.
SAID MANAGEMENT AGREEMENT
HAS BEEN SUBORDINATED TO
PARAGRAPH. BY THE PROVISIONS
RECORDED
SUBORDINATED
RECORDED TO
THE SUBJECT MATTER
OF AN INSTRUMENT
JULY 20, 1988, RECORDER'S FILE
DEED OF TRUST TO THE FUJI BANK
JULY 20, 1988. RECORDER'S FILE
REFERRED TO IN THIS
NO.
LTD,
NO.
88-351340
88-351339
11. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
STATED HEREIN
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
NOVEMBER 19. 1987
$100,000,000.00
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY
IRWIN A. MOLASKY, AS AGENT FOR MOLASKY - LA COSTA
PARTNERSHIP. A LIMITED PARTNERSHIP; ADELSON - LA COSTA
PARTNERSHIP, A LIMITED PARTNERSHIP; ALLARD ROEN; IRWIN
FRUCHTMAN; IRVING ROSTON; LORI EMSLIE; JUNE ALPERT;
1182342 PAGE 61
TICOR TITLE INSURANCE
RECORDED
EDDIE D. SUSALLA; IRWIN A. MOLASKY AND MERV ADELSON
NOVEMBER 20, 1987, RECORDER'S FILE NO. 87-651093
NOTE: SAID DEED OF TRUST'S OUTSTANDING BALANCE HAS BEEN REDUCED
TO AN AMOUNT NOT TO EXCEED $60,000,000.00 AS DISCLOSED BY A
SUBORDINATION AGREEMENT RECORDED JULY 20, 1988, RECORDER'S FILE NO
88-351918.
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
DATED
EXECUTED BY
RECORDED
SUBORDINATED
RECORDED
TO
JULY 1, 1988
IRWIN A. MOLASKY, ET AL
JULY 20, 1988, RECORDER'S FILE NO. 88-351918
DEED OF TRUST TO THE FUJI BANK LTD.
JULY 20, 1988, RECORDER'S FILE NO. 88-351339
SAID MATTER AFFECTS THIS AND OTHER PROPERTY
1182342 PAGE 62
TICOR TITLE INSURANCE
THE FOLLOWING MATTERS AFFECT PARCEL 6: (COSTA DEL MAR ROAD)
1 TAXES - NOT ON ROLLS
2. AN OFFER OF DEDICATION TO PUBLIC USE OF A PORTION OF SAID LAND.
SAID OFFER WAS REJECTED ON SAID MAP, BUT IS SUBJECT TO FUTURE
ACCEPTANCE UNDER THE PROVISIONS OF SECTION NUMBER 66477.2 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
DESIGNATED
AS
AFFECTS
ON MAP NO, 6129 AND 6520
COSTA DEL MAR ROAD
COSTA DEL MAR ROAD
6129 AND 6520.
AS SHOWN ON MAPS NO,
3. A NONEXCLUSIVE EASEMENT FOR INGRESS AND EGRESS IN FAVOR OF
PROPERTY OWNERS OF LA COSTA CONDOMINIUMS NO. 3 AND 4, AS GRANTED AND
RESERVED IN VARIOUS DEEDS OF RECORD.
4. EASEMENTS AND RIGHTS OF WAY FOR ROAD AND PUBLIC UTILITIES, AND
APPURTENANCES THERETO, AS RESERVED AND CONVEYED BY VARIOUS DEEDS OF
RECORD
AFFECTS : COSTA DEL MAR ROAD
5. THE RIGHTS OF THE PUBLIC TO USE THAT PORTION OF SAID LAND LYING
WITHIN COSTA DEL MAR ROAD.
6. A DEED OF TRUST TO SECURE AN
STATED HEREIN
ORIGINAL INDEBTEDNESS OF THE AMOUNT
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
JULY 1, 1988
$107,000,000.00
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
THE FUJI BANK, LTD.
JULY 20, 1988, RECORDER'S FILE NO. 88-351339
SAID MATTER AFFECTS THIS AND OTHER PROPERTY.
7. AN UNRECORDED MANAGEMENT AGREEMENT DATED AUGUST 12, 1987, BY AND
BETWEEN LA COSTA HOTEL AND SPA CORPORATION. A CALIFORNIA CORPORATION
(AS OWNER) AND GLOBAL HOSPITALITY CORPORATION, A CALIFORNIA
CORPORATION (AS MANAGER). AS DISCLOSED BY AN ASSIGNMENT AND
SUBORDINATION OF MANAGEMENT AGREEMENT AND ESTOPPEL CERTIFICATE AND
CONSENT RECORDED JULY 20. 1988. RECORDER'S FILE NO. 88-351340.
SAID MANAGEMENT AGREEMENT
HAS BEEN SUBORDINATED TO
PARAGRAPH, BY THE PROVISIONS
RECORDED
SUBORDINATED
RECORDED TO
JULY
DEED
JULY
20
OF
20
THE SUBJECT MATTER
OF AN INSTRUMENT
1988, RECORDER'S FILE
TRUST TO THE FUJI BANK
1988. RECORDER'S FILE
REFERRED TO IN THIS
NO.
LTD,
NO.
88-351340
88-351339
1182342 PAGE 63
TICOR TITLE INSURANCE
8. A DEED OF
STATED HEREIN
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
NOVEMBER 19, 1987
$100,000,000.00
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY
IRWIN A. MOLASKY, AS AGENT FOR MOLASKY - LA COSTA
PARTNERSHIP, A LIMITED PARTNERSHIP; ADELSON - LA COSTA
PARTNERSHIP, A LIMITED PARTNERSHIP; ALLARD ROEN; IRWIN
FRUCHTMAN; IRVING ROSTON; LORI EMSLIE; JUNE ALPERT;
EDDIE D. SUSALLA; IRWIN A. MOLASKY AND MERV ADELSON
NOVEMBER 20, 1987, RECORDER'S FILE NO. 87-651093
NOTE: SAID DEED OF TRUST'S OUTSTANDING BALANCE HAS BEEN REDUCED
TO AN AMOUNT NOT TO EXCEED $60,000,000.00 AS DISCLOSED BY A
SUBORDINATION AGREEMENT RECORDED JULY 20, 1988, RECORDER'S FILE NO.
88-351918.
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
DATED
EXECUTED BY
RECORDED
SUBORDINATED
RECORDED TO
JULY 1, 1988
IRWIN A. MOLASKY, ET AL
JULY 20, 1988, RECORDER'S FILE
DEED OF TRUST TO THE FUJI BANK
JULY 20, 1988, RECORDER'S FILE
NO. 88-351918
LTD.
NO. 88-351339
SAID MATTER AFFECTS THIS AND OTHER PROPERTY
1182342 PAGE 64
gl TICOR TITLE INSURANCE
THE FOLLOWING MATTERS AFFECT PARCEL 7
1. GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, IF ANY,
COLLECTED WITH SAID TAXES.
FOR THE FISCAL YEAR 1990-91
INCLUDING PERSONAL PROPERTY TAX. IF ANY.
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
TAXATION CODE OF THE STATE OF CALIFORNIA.
2. THE RIGHTS TO REVOKE, AND VARIOUS COVENANTS AND CONDITIONS
CONTAINED IN THAT CERTAIN REVOCABLE LICENSE AGREEMENT DATED SEPTEMBER
25, 1986, BY AND BETWEEN THE LEUCADIA COUNTY WATER DISTRICT AND LA
COSTA HOTEL & SPA RECORDED NOVEMBER 14, 1986, RECORDER'S FILE NO.
86-523844.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
SAID MATTER AFFECTS:
PARCEL 7A
NOTE: SAID LICENSE WAS AMENDED BY DOCUMENT RECORDED NOVEMBER 20,
1987, RECORDER'S FILE NO. 87-651067.
3. VARIOUS COVENANTS AND CONDITIONS CONTAINED IN THAT CERTAIN
EASEMENT
FROM LA COSTA HOTEL & SPA, A PARTNERSHIP
TO IRWIN A. MOLASKY AND ALLARD ROEN, TRUSTEES OF EL CAMINO
CAMINO PROPERTIES TRUST U/T/A DATED JUNE 16, 1986
RECORDED NOVEMBER 20, 1987, RECORDER'S FILE NO. 87-651062
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
SAID MATTER AFFECTS:
PARCEL 78
4. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
STATED HEREIN
JULY 1, 1988
$107,000,000.00
LA COSTA HOTEL AND SPA CORPORATION. A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
THE FUJI BANK. LTD.
JULY 20. 1988. RECORDER'S FILE NO. 88-351339
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
SAID MATTER AFFECTS THIS AND OTHER PROPERTY
1182342 PAGE 65
glTICOR TITLE INSURANCE
5. AN UNRECORDED MANAGEMENT AGREEMENT DATED AUGUST 12. 1987, BY AND
BETWEEN LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA CORPORATION
(AS OWNER) AND GLOBAL HOSPITALITY CORPORATION, A CALIFORNIA
CORPORATION (AS MANAGER), AS DISCLOSED BY AN ASSIGNMENT AND
SUBORDINATION OF MANAGEMENT AGREEMENT AND ESTOPPEL CERTIFICATE AND
CONSENT RECORDED JULY 20, 1988, RECORDER'S FILE NO. 88-351340.
SAID MANAGEMENT AGREEMENT
HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
PARAGRAPH. BY THE PROVISIONS OF AN INSTRUMENT
RECORDED
SUBORDINATED
RECORDED
TO
JULY
DEED
JULY
20. 1988
OF TRUST
20. 1988
RECORDER'S FILE
TO THE FUJI BANK
RECORDER'S FILE
REFERRED TO IN THIS
NO.
LTD
NO.
88-351340
88-351339
6. A DEED OF
STATED HEREIN
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
NOVEMBER 19. 1987
$100,000,000.00
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY
IRWIN A. MOLASKY, AS AGENT FOR MOLASKY - LA COSTA
PARTNERSHIP, A LIMITED PARTNERSHIP; ADELSON - LA COSTA
PARTNERSHIP, A LIMITED PARTNERSHIP; ALLARD ROEN; IRWIN
FRUCHTMAN; IRVING ROSTON; LORI EMSLIE; JUNE ALPERT;
EDDIE D. SUSALLA; IRWIN A. MOLASKY AND MERV ADELSON
NOVEMBER 20. 1987, RECORDER'S FILE NO. 87-651093
NOTE: SAID DEED OF TRUST'S OUTSTANDING BALANCE HAS BEEN REDUCED
TO AN AMOUNT NOT TO EXCEED $60,000,000.00 AS DISCLOSED BY A
SUBORDINATION AGREEMENT RECORDED JULY 20, 1988, RECORDER'S FILE NO,
88-351918.
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS
DATED
EXECUTED BY
RECORDED
SUBORDINATED TO
RECORDED
PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
JULY 1, 1988
IRWIN A. MOLASKY. ET AL
JULY 20. 1988. RECORDER'S FILE NO. 88-351918
DEED OF TRUST TO THE FUJI BANK LTD.
JULY 20. 1988. RECORDER'S FILE NO. 88-351339
SAID MATTER AFFECTS THIS AND OTHER PROPERTY
1182342 PAGE 66
TICOR TITLE INSURANCE
THE FOLLOWING ITEMS AFFECT PARCEL 8:
(UNDERGROUND GOLF CART EASEMENT UNDER ALGA ROAD)
1. TAXES - NOT ON ROLLS.
2. THE RIGHTS TO REVOKE, AND VARIOUS COVENANTS AND CONDITIONS
CONTAINED IN THAT CERTAIN UNDERGROUND ENCROACHMENT AGREEMENT DATED
NOVEMBER 3, 1987, BY AND BETWEEN LA COSTA HOTEL AND SPA AND THE CITY
OF CARLSBAD, RECORDED NOVEMBER 6, 1987, RECORDER'S FILE NO. 87-627015
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
SAID MATTER AFFECTS:
GOLF CART UNDERCROSSINO AS SHOWN ON PLAT ATTACHED TO SAID DOCUMENT,
3. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
STATED HEREIN
JULY 1, 1988
$107,000,000.00
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
THE FUJI BANK, LTD.
JULY 20, 1988, RECORDER'S FILE NO. 88-351339
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
SAID MATTER AFFECTS THIS AND OTHER PROPERTY.
4. AN UNRECORDED MANAGEMENT AGREEMENT DATED AUGUST 12, 1987, BY AND
BETWEEN LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA CORPORATION
(AS OWNER) AND GLOBAL HOSPITALITY CORPORATION, A CALIFORNIA
CORPORATION (AS MANAGER), AS DISCLOSED BY AN ASSIGNMENT AND
SUBORDINATION OF MANAGEMENT AGREEMENT AND ESTOPPEL CERTIFICATE AND
CONSENT RECORDED JULY 20, 1988, RECORDER'S FILE NO. 88-351340.
SAID MANAGEMENT AGREEMENT
HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
PARAGRAPH. BY THE PROVISIONS OF AN INSTRUMENT
REFERRED TO IN THIS
RECORDED
SUBORDINATED TO
RECORDED
JULY 20. 1988, RECORDER'S FILE NO. 88-351340
DEED OF TRUST TO THE FUJI BANK LTD.
JULY 20, 1988. RECORDER'S FILE NO. 88-351339
5. A DEED OF TRUST TO SECURE AN
STATED HEREIN
ORIGINAL INDEBTEDNESS OF THE AMOUNT
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
NOVEMBER 19, 1987
$100,000,000.00
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY
IRWIN A. MOLASKY. AS AGENT FOR MOLASKY - LA COSTA
PARTNERSHIP. A LIMITED PARTNERSHIP; ADELSON - LA COSTA
1182342 PAGE 67
m TICOR TITLE INSURANCE
RECORDED
PARTNERSHIP. A LIMITED PARTNERSHIP; ALLARD ROEN; IRWIN
FRUCHTMAN; IRVING ROSTON; LORI EMSLIE; JUNE ALPERT;
EDDIE D. SUSALLA; IRWIN A. MOLASKY AND MERV ADELSON
NOVEMBER 20. 1987. RECORDER'S FILE NO. 87-651093
NOTE: SAID DEED OF TRUST'S OUTSTANDING BALANCE HAS BEEN REDUCED
TO AN AMOUNT NOT TO EXCEED $60,000,000.00 AS DISCLOSED BY A
SUBORDINATION AGREEMENT RECORDED JULY 20, 1988, RECORDER'S FILE NO
88-351918.
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
DATED
EXECUTED BY
RECORDED
SUBORDINATED
RECORDED
TO
JULY 1, 1988
IRWIN A. MOLASKY, ET AL
JULY 20, 1988, RECORDER'S FILE NO. 88-351918
DEED OF TRUST TO THE FUJI BANK LTD.
JULY 20, 1988, RECORDER'S FILE NO. 88-351339
SAID MATTER AFFECTS THIS AND OTHER PROPERTY
1182342 PAGE 68
TICOR TITLE INSURANCE
THE FOLLOWING MATTERS AFFECT PARCEL 9:
1. GENERAL AND SPECIAL
COLLECTED WITH SAID TAXES
TAXES AND SPECIAL ASSESSMENTS, IF ANY
FOR THE FISCAL YEAR : 1990-91
INCLUDING PERSONAL PROPERTY TAX.
A LIEN NOT YET PAYABLE.
IF ANY
THE LIEN OF SUPPLEMENTAL TAXES. IF ANY. ASSESSED PURSUANT TO THE
PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE
TAXATION CODE OF THE STATE OF CALIFORNIA.
GENERAL AND SPECIAL TAXES
COLLECTED WITH SAID TAXES.
AND SPECIAL ASSESSMENTS. IF ANY,
FOR THE FISCAL YEAR : 1989-90
INCLUDING PERSONAL PROPERTY TAX. IF ANY,
SECOND INSTALLMENT NOW DUE AND PAYABLE
2. AN EASEMENT. AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
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
THAT PORTION OF THE WESTERLY BOUNDARY OF SAID LAND
LYING WITHIN 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.
STATED HEREIN.
IN FAVOR OF
FOR :
3. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT. AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY. A CORPORATION
A LINE OR INDEPENDENT LINES OF POLES AND/OR STEEL
TOWERS, AND WIRES AND/OR CABLES SUSPENDED THEREON AND
SUPPORTED THEREBY. FOR THE TRANSMISSION AND
DISTRIBUTION OF ELECTRICITY AND FOR ALL OTHER PURPOSES
CONNECTED THEREWITH. AND FOR TELEPHONE, SIGNAL AND
COMMUNICATION PURPOSES, INCLUDING GUYS, ANCHORAGE,
CROSSARMS, BRACES AND ALL OTHER APPLIANCES AND
FIXTURES
OCTOBER 16, 1956 DOCUMENT NO. 145345, IN BOOK 6301,
PAGE 162 OF OFFICIAL RECORDS
THAT PORTION OF LOTS 14 AND 15 HEREIN DESCRIBED, LYING
RECORDED
AFFECTS
1182342 PAGE 69
gl TICOR TITLE INSURANCE
WITHIN A RIGHT OF WAY 150 FEET IN WIDTH, THE
SOUTHWESTERLY LINE OF SAID RIGHT OF WAY BEING PARALLEL
WITH AND 50 FEET SOUTHWESTERLY, MEASURED AT RIGHT
ANGLES, AND THE NORTHEASTERLY LINE OF SAID RIGHT OF
WAY SHALL BE PARALLEL WITH AND 100 FEET NORTHEASTERLY,
MEASURED AT RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED
LINE:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SECTION 26, TOWNSHIP 12
SOUTH, RANGE 4 WEST, DISTANT THEREON 1977.99 FEET EASTERLY FROM THE
SOUTHWEST CORNER OF SAID SECTION 26; THENCE NORTH 24*59'39" WEST, A
DISTANCE OF 756.26 FEET TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS
"POINT A"; THENCE NORTH 48°48'09" WEST, A DISTANCE OF 7200.31 FEET TO
A POINT ON THE NORTHERLY LINE OF SAID SECTION 27, DISTANT THEREON
1619.13 FEET EASTERLY FROM THE NORTHWEST CORNER OF SECTION 27,
TOWNSHIP 12 SOUTH, RANGE 4 WEST.
ALSO: BEGINNING AT THE ABOVE DESCRIBED POINT OF BEGINNING; THENCE
SOUTH 24*59'39" EAST, A DISTANCE OF 4122.95 FEET; THENCE SOUTH
20*52'09" EAST, A DISTANCE OF 1716.18 FEET TO A POINT ON THE SOUTHERLY
LINE OF SAID SECTION 35; DISTANT THEREON 944.63 FEET WESTERLY FROM
THE SOUTHEAST CORNER OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST.
ALSO: A RIGHT OF WAY FOR THE HEREINBEFORE DESCRIBED PURPOSES OVER AND
ACROSS A STRIP OF LAND 20 FEET IN WIDTH, BEING 10 FEET ON EACH SIDE
OF THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT THE
EAST, A DISTANCE
ABOVE DESCRIBED
OF 160 FEET.
"POINT A"; THENCE NORTH 53*06'06"
4. AN EASEMENT
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF :
FOR :
RECORDED
AFFECTS
AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT, A POLITICAL
SUBDIVISION
INGRESS AND EGRESS AND FOR PUBLIC
PURPOSES, (INCLUDING THE RIGHT TO
MAINTAIN, REPAIR AND REPLACE ROAD
PIPELINES, AND UTILITIES SUCH AS
UTILITY AND SANITARY
CONSTRUCT, INSTALL,
SURFACING, SEWER
WATER LINES, GAS
LINES, POWER LINES AND TELEPHONE LINES)
AUGUST 11, 1961, RECORDER'S FILE NO. 138156
THAT PORTION OF LOT 9 HEREIN DESCRIBED LYING
STRIP OF LAND 20 FEET WIDE, LYING 10 FEET ON
OF THE FOLLOWING DESCRIBED CENTER LINE:
WITHIN A
EACH SIDE
BEGINNING AT A POINT IN THE WEST LINE OF THAT PORTION OF LOT 9 HEREIN
DESCRIBED. DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EAST LINE OF SAID LOT 9 THAT IS DISTANT
THEREON SOUTH 0*09'10" EAST 69.76 FEET FROM THE NORTHEAST CORNER OF
SAID LOT 9; THENCE ALONG THE SAID EAST LINE OF LOT 9 SOUTH 0*09'10"
EAST 495 FEET; THENCE SOUTH 89*50'50" WEST 440 FEET; THENCE NORTH
0*09'10" WEST 495 FEET; THENCE NORTH 89°50'50" EAST 440 FEET TO THE
POINT OF BEGINNING. THAT IS DISTANT THEREON NORTH 0*09'10" WEST 15.58
FEET FROM THE SOUTHWESTERLY CORNER OF SAID PORTION OF PARCEL 9. THENCE
SOUTH 51*09'05" WEST 640 FEET MORE OR LESS TO THE CENTER LINE OF
COUNTY ROAD KNOWN AS ROAD SURVEY NO. 682 FILED IN THE OFFICE OF THE
1182342 PAGE 70
# TICOR TITLE INSURANCE
COUNTY RECORDER OF SAN DIEGO COUNTY
THE NORTHERLY LINE
AS TO TERMINATE IN
OF SAID 20 FOOT SHALL
THE WEST LINE OF SAID
BE PROLONGED NORTHEASTERLY SO
PORTION OF PARCEL 9.
NOTE: EASEMENT ELIMINATED BY LEUCADIA COUNTY WATER DISTRICT BY
DOCUMENT RECORDED SEPTEMBER 14. 1988. RECORDER'S FILE NO. 88-461298
STATED HEREIN,
IN FAVOR OF :
FOR
RECORDED
AFFECTS
5. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
A LINE OR INDEPENDENT LINES OF POLES AND/OR STEEL
TOWERS, AND WIRES AND/OR CABLES SUSPENDED THEREON AND
SUPPORTED THEREBY, FOR THE TRANSMISSION AND
DISTRIBUTION OF ELECTRICITY AND FOR ALL OTHER PURPOSES
CONNECTED THEREWITH, AND FOR TELEPHONE, SIGNAL AND
COMMUNICATION PURPOSES. INCLUDING GUYS. ANCHORAGE.
CROSSARMS. BRACES AND ALL OTHER APPLIANCES AND
FIXTURES FOR USE IN CONNECTION THEREWITH
JUNE 20. 1962. RECORDER'S FILE NO. 104913
THAT PORTION OF LOT 9 HEREIN DESCRIBED LYING WITHIN A
RIGHT OF WAY 150 FEET IN WIDTH. THE SOUTHWESTERLY
LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND
50 FEET SOUTHWESTERLY. MEASURED AT RIGHT ANGLES, AND
THE NORTHEASTERLY LINE OF SAID RIGHT OF WAY SHALL BE
PARALLEL WITH AND 100 FEET NORTHEASTERLY, MEASURED AT
RIGHT ANGLES, FROM THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SECTION 26, HEREIN
DESCRIBED, DISTANT THEREON 1977.99 FEET EASTERLY FROM THE SOUTHWEST
CORNER OF SAID SECTION 26; THENCE SOUTH 24*59'39" EAST A DISTANCE OF
4122.95 FEET; THENCE SOUTH 20*52'09" EAST, A DISTANCE OF 1716.18 FEET
TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 35; DISTANT THEREON
944.63 FEET WESTERLY FROM THE SOUTHEAST CORNER OF SAID SECTION 35.
6. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT. AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
SAN DIEGO GAS & ELECTRIC COMPANY. A CORPORATION
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
JULY 11, 1966, RECORDER'S FILE NO. 112556
AS SHOWN ON EXHIBIT "A" ATTACHED TO SAID DOCUMENT
STATED HEREIN,
IN FAVOR OF :
FOR :
RECORDED
AFFECTS
7. 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 : THE COUNTY OF SAN DIEGO
RECORDED : MAY 29, 1968. RECORDER'S FILE NO. 90112
SAID MATTER AFFECTS
1182342 PAGE 71
gl TICOR TITLE INSURANCE
.THAT PORTION OF THE NORTHERLY BOUNDARY OF SAID LAND LYING ADJACENT
TO ROAD SURVEY 1886
8. 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 : THE COUNTY OF SAN DIEGO
RECORDED : MAY 29, 1968, RECORDER'S FILE NO. 90113
SAID MATTER AFFECTS:
THAT PORTION OF THE SOUTHERLY BOUNDARY OF SAID LAND LYING ADJACENT
TO ROAD SURVEY 1796-66.
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
THE COUNTY OF SAN DIEGO
DRAINAGE CHANNELS AND STRUCTURES APPURTENANT THERETO
NOVEMBER 13, 1969, RECORDER'S FILE NO. 208551
THAT PORTION OF LOT 9 IN SECTION 35 HEREIN DESCRIBED
LYING WITHIN A STRIP OF LAND 32.00 FEET WIDE 16.00
FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER
LINE:
IN FAVOR OF
FOR
RECORDED
AFFECTS
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 35; THENCE SOUTH
00*34'20" WEST ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF
75.86 FEET; THENCE NORTH 77*48'00" WEST, 341.67 FEET TO THE BEGINNING
OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 700 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
64*25'00" A DISTANCE OF 787.00 FEET; THENCE TANGENT TO SAID CURVE
SOUTH 37*47'00" WEST 413.63 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 500.00 FEET; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47*00'00" A
DISTANCE OF 410.15 FEET; THENCE TANGENT TO SAID CURVE SOUTH 84*47'00"
WEST 540.59 FEET TO A POINT IN THE CENTER LINE OF EL CAMINO REAL AS
SHOWN ON THE MAP 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 BEING A POINT ON A CURVE THE CENTER OF WHICH BEARS NORTH
72*39'19" EAST 3000.00 FEET FROM SAID POINT; THENCE NORTHERLY ALONG
SAID CURVE A DISTANCE OF 210.81 FEET; THENCE NORTH 76°40'53" EAST
63.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 46*13'10"
EAST 157.00 FEET.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED
SOUTHWESTERLY AS NECESSARY SO AS TO TERMINATE IN THE EAST LINE OF SAID
EL CAMINO REAL.
NOTE: PORTION EASEMENT ELIMINATED BY QUITCLAIM FROM CITY OF CARLSBAD,
A MUNICIPAL CORPORATION, RECORDED JANUARY 24. 1989. RECORDER'S FILE
NO. 89-039271
10. 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 THE COUNTY OF SAN DIEGO
1182342 PAGE 72
TICOR TITLE INSURANCE
RECORDED DECEMBER 3, 1969, RECORDER'S FILE NO. 220242
SAID MATTER AFFECTS:
THAT PORTION OF THE WESTERLY BOUNDARY
LYING WITHIN ROAD SURVEY 1800-1.
OF THE LAND HEREIN DESCRIBED
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
11. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
THE COUNTY OF SAN DIEGO
DRAINAGE CHANNEL
DECEMBER 3, 1969, RECORDER'S FILE NO. 220242
THAT PORTION OF LOT 14 HEREIN DESCRIBED, LYING WITHIN
A STRIP OF LAND 154 FEET WIDE, THE WESTERLY LINE OF
SAID STRIP OF LAND BEING THE CENTER LINE OF THAT
PORTION OF ROAD SURVEY 1800-01 CONVEYED TO THE COUNTY
OF SAN DIEGO IN PARCEL 67084-A OF SAID INSTRUMENT, AND
THE NORTHERLY BOUNDARY OF SAID STRIP OF LAND BEING A
LINE DRAWN EASTERLY AT RIGHT ANGLES FROM SAID CENTER
LINE AT A POINT DISTANT THEREON 450 FEET NORTHERLY
FROM A POINT DESIGNATED "G" IN PARCEL 67084-B OF SAID
INSTRUMENT.
12. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT, A
SUBDIVISION
ACCESS ROAD AND SLOPES
JULY 7, 1970, RECORDER'S FILE NO.
THAT PORTION OF SECTION 35 HEREIN
AS FOLLOWS:
AND FOR THE PURPOSES
POLITICAL
118117
DESCRIBED, DESCRIBED
BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 35; THENCE SOUTH
00*34'20" WEST ALONG THE EAST SECTION LINE OF THE SOUTHEAST QUARTER
OF SECTION 35, A DISTANCE OF 75.86 FEET; THENCE NORTH 77*48'00" WEST
341.67 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 700.00 FEET; THENCE SOUTHEASTERLY ALONG
SAID CURVE 787.00 FEET THROUGH A CENTRAL ANGLE OF 64*25'00", THENCE
TANGENT TO SAID CURVE SOUTH 37*47'00" WEST 413.63 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS
OF 500.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 410.15 FEET
THROUGH A CENTRAL ANGLE OF 47*00'00"; THENCE TANGENT TO SAID CURVE
SOUTH 84*47'00" WEST 128.00 FEET; THENCE NORTH 5*13'00" WEST 42.00
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING. NORTH
5*13'00" WEST 103.00 FEET; THENCE NORTH 18*00'00" WEST 45.00 FEET;
THENCE NORTH 7*00'00" EAST 50.00 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 150.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42*00'00" A
DISTANCE OF 109.96 FEET; THENCE TANGENT TO SAID CURVE NORTH 49*00'00"
EAST 60.00 FEET; THENCE AT RIGHT ANGLES, SOUTH 41*00'00" EAST 43.00
FEET; THENCE AT RIGHT ANGLES, SOUTH 49°00'00" WEST 60.00 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS
OF 60.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 57*00'00" A DISTANCE OF 59.69 FEET; THENCE TANGENT
TO SAID LAST MENTIONED CURVE, SOUTH 6*00'00" EAST 130.00 FEET; THENCE
SOUTHERLY IN A DIRECT LINE TO A POINT WHICH BEARS NORTH 84*47'00" EAST
1182342 PAGE 73
m TICOR TITLE INSURANCE
32.00 FEET FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 84*47'00"
WEST 32.00 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING FROM SAID LAND THAT PORTION INCLUDED WITHIN THE BOUNDARIES
OF THE LAND DESCRIBED IN THE DEED TO LEUCADIA COUNTY WATER DISTRICT,
RECORDED AS INSTRUMENT NO. 138155 ON AUGUST 11, 1961, IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY.
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 OF : CARLSBAD MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER
DISTRICT, GRANTEE
FOR : A PIPELINE OR PIPELINES FOR TRANSPORTATION OF WATER,
TOGETHER WITH THEIR NECESSARY FIXTURES AND
APPURTENANCES, INCLUDING BUT NOT LIMITED TO,
UNDERGROUND CONDUITS AND CABLES FOR POWER TRANSMISSION
AND COMMUNICATION PURPOSES, AT SUCH LOCATIONS AND
ELEVATIONS, UPON, ALONG, AND UNDER THE HEREINAFTER
DESCRIBED RIGHT OF WAY AS GRANTEE MAY NOW OR HEREAFTER
DEEM COVENIENT AND NECESSARY. FROM TIME TO TIME.
TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS
THEREFROM TO AND ALONG SAID RIGHT OF WAY BY A
PRACTICAL ROUTE OR ROUTES. TOGETHER WITH THE RIGHT TO
CLEAR AND KEEP CLEAR SAID RIGHT OF WAY FROM
EXPLOSIVES, BUILDINGS. STRUCTURES, OR ANY OTHER
SUBSTANCES WHICH INTERFERES WITH THE NORMAL INGRESS
AND EGRESS RIGHTS AND THE ACCESSIBILITY OF THE
PIPELINE FOR MAINTENANCE AND REPAIRS
RECORDED JULY 8, 1970, RECORDER'S FILE NO. 119260
AFFECTS : AS FOLLOWS:
PARCEL 1.
ALL OF THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE
AND MERIDIAN LYING WITHIN A STRIP OF LAND 55.00 FEET WIDE LYING
CONTIGUOUS TO AND NORTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT ENGINEER'S STATION 151 PLUS 00 OF ROAD SURVEY 1800-1, A
PLAT OF WHICH IS ON FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO
COUNTY, SAID POINT OF BEGINNING BEING A POINT ON A CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 3400 FEET; THENCE NORTHERLY ALONG
THE ARC OF SAID CURVE 319.97 FEET THROUGH A CENTRAL ANGLE OF 5*23'31"
TO ENGINEER'S STATION 154 PLUS 19.97 SAID POINT BEING THE END OF
CURVE; THENCE CONTINUING ALONG THE CENTER LINE OF R.S. 1800-1 NORTH
8*47'11" WEST 396.03 FEET TO ENGINEER'S STATION 158 PLUS 14.00.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN ROAD SURVEY NO. 1800-1.
PARCEL 2.
ALL OF THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER
AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35,
TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN
LYING WITHIN A STRIP OF LAND 70.00 FEET WIDE LYING CONTIGUOUS TO AND
NORTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS:
1182342 PAGE 74
TICOR TITLE INSURANCE
BEGINNING AT ENGINEER'S STATION 158 PLUS 14.00 OF ROAD SURVEY 1800-1,
A PLAT OF WHICH IS ON FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAN
DIEGO COUNTY; THENCE NORTH 8*47'11" WEST 264.00 FEET TO ENGINEER'S
STATION 160 PLUS 78.00.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN ROAD SURVEY NO. 1800-1.
14. COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION
OF RESTRICTIONS
EXECUTED BY : LA COSTA LAND COMPANY, AN ILLINOIS CORPORATION
RECORDED : AUGUST 19, 1970, RECORDER'S FILE NO. 148260
RESTRICTIONS, IF ANY,
ORIGIN ARE DELETED.
BASED ON RACE, COLOR, RELIGION OR NATIONAL
IT ALSO PROVIDES 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 LA COSTA LAND COMPANY, AN ILLINOIS
RECORDED SEPTEMBER 2, 1970, RECORDER'S FILE
CORPORATION
NO. 159552
15. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
THE COUNTY OF SAN DIEGO
DRAINAGE CHANNELS AND STRUCTURES APPURTENANT THERETO
JUNE 4, 1971, RECORDER'S FILE NO. 117673
THAT PORTION OF SECTION 35 HEREIN DESCRIBED, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER
WEST CENTER LINE OF SAID
AN INTERSECTION WITH THE
DIEGO COUNTY ROAD SURVEY
OF SAID SECTION 35; THENCE ALONG THE EAST
SECTION, SOUTH 89*05'42" EAST 292.24 FEET TO
CENTER LINE OF EL CAMINO REAL AS SHOWN ON SAN
NO. 1800-1 ON FILE IN THE OFFICE OF THE
COUNTY ENGINEER OF SAID COUNTY;
CAMINO REAL NORTH 8*47'11" WEST
CENTER LINE NORTH 8ri2'49
EASTERLY RIGHT OF WAY LINE
POINT OF BEGINNING; THENCE
FEET; THENCE SOUTH 8*47'11
TANGENT 383.00 FOOT RADIUS
ALONG THE ARC OF SAID CURVE
THENCE ALONG SAID CENTER LINE OF EL
15.36 FEET; THENCE LEAVING SAID
EAST 45.00 FEET TO A POINT IN THE
OF SAID ROAD SURVEY NO. 1800-1 AND THE TRUE
CONTINUING NORTH 81*12'49" EAST, 39.64
EAST, 10.00 FEET TO THE BEGINNING OF A
CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY
THROUGH A CENTRAL ANGLE OF 16*34'10" A
DISTANCE OF 111.63 FEET TO A POINT OF REVERSE CURVATURE WITH A 376.00
FOOT RADIUS CURVE, CONCAVE EASTERLY THE CENTER OF WHICH BEARS SOUTH
82*13'01" EAST FROM SAID POINT; THENCE SOUTHERLY ALONG THE ARC OF SAID
376.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 3°19'33" A
DISTANCE OF 21.82 FEET TO AN INTERSECTION WITH A LINE THAT IS PARALLEL
WITH AND DISTANT 63.00 FEET MEASURED AT RIGHT ANGLES FROM SAID CENTER
LINE OF EL CAMINO REAL; THENCE NON-TANGENT TO SAID CURVE AND ALONG
SAID PARALLEL LINE SOUTH 8*47'11" EAST, 304.95 FEET, MORE OR LESS. TO
A POINT WHICH LIES 63.00 FEET EASTERLY AT RIGHT ANGLES FROM ENGINEER'S
STATION 154 PLUS 19.97 AHEAD AS SHOWN ON SAID ROAD SURVEY NO. 1800-1,
SAID POINT BEING THE BEGINNING OF A TANGENT 3337.00 FOOT RADIUS CURVE,
1182342 PAGE 75
TICOR TITLE INSURANCE
CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND
CONCENTRIC WITH THE CENTER LINE OF SAID ROAD SURVEY NO. 1800-1 THROUGH
A CENTRAL ANGLE OF 4*27'47" A DISTANCE OF 259.94 FEET, MORE OR LESS,
TO A POINT IN THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND
DESCRIBED IN THE LEASE TO ATLANTIC RICHFIELD COMPANY RECORDED AS
DOCUMENT NO. 87636 ON MAY 26, 1966, OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG SAID NORTHERLY LINE AND RADIAL TO THE CENTER LINE OF SAID
ROAD SURVEY NO. 1800-1, SOUTH 76*45'02" WEST, 18.00 FEET TO A POINT IN
THE ARC OF A 3355.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE
NORTHERLY ALONG THE ARC OF SAID 3355.00 FOOT RADIUS CURVE AND
CONCENTRIC WITH SAID CENTER LINE OF ROAD SURVEY 1800-1 THROUGH A
CENTRAL ANGLE OF 4*27'47" A DISTANCE OF 261.34 FEET; THENCE TANGENT
TO SAID CURVE NORTH 8*47'11" WEST, 446.12 FEET TO THE TRUE POINT OF
BEGINNING.
16. AN EASEMENT. AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT. AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
THE COUNTY OF SAN DIEGO
PUBLIC HIGHWAY
MAY 18. 1972. RECORDER'S FILE NO. 125910
ALL THAT PORTION OF LOTS 9, 14 AND 15 OF SECTION 35
HEREIN DESCRIBED, DESCRIBED AS FOLLOWS:
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
BEGINNING AT ENGINEER'S STATION 154 PLUS 19.97 IN THE CENTER LINE OF
ROAD SURVEY NO. 1800-1, ON FILE IN THE OFFICE OF THE COUNTY ENGINEER
OF SAN DIEGO COUNTY; THENCE ALONG SAID CENTER LINE NORTH 8*45'46" WEST
(REC. NORTH 8*47'H" WEST) 434.03 FEET; THENCE NORTH 8ri4'14" EAST
(REC. NORTH 8ri2'49" EAST) 45.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 81*14'14" EAST 18.00 FEET; THENCE SOUTH 8*45'46" EAST
434.03 FEET TO THE BEGINNING OF A TANGENT 3337.00 FOOT RADIUS CURVE,
CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 4*27'04" A DISTANCE OF 259.24 FEET TO A POINT IN
THE ARC OF SAID CURVE TO WHICH A RADIAL LINE BEARS SOUTH 76*47'10"
WEST; THENCE LEAVING SAID CURVE ALONG THE WESTERLY PROLONGATION OF
SAID RADIAL LINE SOUTH 76*47'10" WEST 18.00 FEET TO A POINT IN THE ARC
OF A 3355.00 FOOT RADIUS CURVE, CONCAVE EASTERLY AND CONCENTRIC WITH
SAID 3337.00 FOOT RADIUS CURVE, A RADIAL LINE TO SAID POINT BEARS
SOUTH 76*47'10" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID 3355.00
FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 4*27'04" A DISTANCE OF
260.64 FEET; THENCE TANGENT TO SAID CURVE NORTH 8*45'46" WEST (RECORD
- NORTH 8*47'11" WEST) 292.64 FEET TO THE MOST SOUTHERLY CORNER OF
THAT CERTAIN PARCEL OF LAND DESCRIBED IN EASEMENT DEED TO THE COUNTY
OF SAN DIEGO RECORDED JUNE 26, 1970 AS FILE NO. 111896 OF OFFICIAL
RECORDS OF SAID COUNTY; THENCE ALONG THE EASTERLY LINE OF SAID
EASEMENT NORTH 2*12'06" EAST 78.89 FEET; THENCE NORTH 8°45'46" WEST
50.00 FEET TO A POINT IN THE EAST-WEST CENTER LINE OF SAID SECTION 35;
THENCE ALONG SAID CENTER LINE NORTH 89*07'13" WEST 15.22 FEET TO A
POINT IN THE EASTERLY LINE OF THE AFOREMENTIONED 90.00 FOOT STRIP OF
LAND; THENCE ALONG SAID EASTERLY LINE NORTH 8*45'46" WEST 11.39 FEET
TO THE TRUE POINT OF BEGINNING.
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.
17. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
1182342 PAGE 76
TICOR TITLE INSURANCE
SAID-EASEMENT,
STATED HEREIN,
IN FAVOR OF
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
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
THAT PORTION OF THE HEREIN DESCRIBED PROPERTY LYING
WITHIN A STRIP OF LAND 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.
STATED HEREIN,
IN FAVOR OF
FOR
18. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
LEUCADIA COUNTY WATER DISTRICT, A POLITICAL
SUBDIVISION
SEWER PIPELINE OR PIPELINES, MANHOLES, LATERALS, AND
APPURTENANCES, AND THE RIGHT OF INGRESS AND EGRESS FOR
SUCH PURPOSES TOGETHER WITH THE RIGHT TO CLEAR AND
KEEP CLEAR SAID EASEMENT FROM TREES, BUILDINGS AND
OTHER STRUCTURES
SEPTEMBER 26, 1972, RECORDER'S FILE NO. 256756
THAT PORTION OF LOT 9 HEREIN DESCRIBED IN SECTION 35,
LYING WITHIN A STRIP OF LAND 31.25 FEET IN WIDTH LYING
21.25 FEET NORTHERLY AND 10.00 FEET SOUTHERLY OF A
LINE DESCRIBED AS FOLLOWS:
RECORDED
AFFECTS
COMMENCING AT ENGINEERS STATION 154 PLUS 19.97 IN THE CENTER LINE OF
SAN DIEGO COUNTY ROAD SURVEY NO. 1800-1 (EL CAMINO REAL), ON FILE IN
THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE LEAVING SAID
CENTER LINE AT RIGHT ANGLES NORTH 81*14'14" EAST. 63.00 FEET TO A
POINT. SAID POINT BEING THE NORTHERLY TERMINUS OF A 3337.00 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 4*01'43" A DISTANCE OF 234.63 FEET TO
A POINT IN THE ARC THEREOF TO WHICH A RADIAL LINE BEARS SOUTH
77*12'0r' WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE
LINE HEREIN DESCRIBED; THENCE LEAVING SAID CURVE NORTH 65*30'59" EAST,
451.21 FEET TO THE TERMINATION OF THE HEREIN DESCRIBED LINE IN THE
WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO
LEUCADIA COUNTY WATER DISTRICT RECORDED AUGUST 11, 1961 AS DOCUMENT
NO. 138155 OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING DISTANT
ALONG SAID WESTERLY LINE NORTH 0*33'46" EAST (DEED EQUALS NORTH
0*09'10" WEST). 121.16 FEET FROM THE SOUTHWEST CORNER THEREOF.
THE SIDE LINES OF THE ABOVE DESCRIBED STRIP OF
SHORTENED TO BEGIN IN THE ARC OF SAID 3337.00
LAND TO BE PROLONGED OR
FOOT RADIUS CURVE AND
1182342 PAGE 77
grnCOR TITLE INSURANCE
END IN SAID WESTERLY LINE OF LEUCADIA COUNTY WATER DISTRICT LAND.
19. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT,
STATED HEREIN,
IN FAVOR OF :
FOR
RECORDED
AFFECTS
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
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
THAT CERTAIN STRIP OF LAND 20.00 FEET IN WIDTH, BEING
10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTER LINE:
COMMENCING AT THE CENTER OF SECTION 35 HEREIN DESCRIBED; THENCE ALONG
THE NORTH-SOUTH CENTER LINE OF SAID SECTION 35, SOUTH 0*01'27" EAST,
504.45 FEET TO A 2 INCH PIPE WITH A BRASS DISK MARKING THE CORNER
COMMON TO LOTS 7, 9, 15 AND 16 IN SAID SECTION 35; THENCE LEAVING SAID
NORTH-SOUTH CENTER LINE NORTH 78*20'23" EAST, 370.69 FEET TO A POINT
ON THE CENTER LINE OF ROAD SURVEY 1800-1 (EL CAMINO REAL - 90 FEET
WIDE) FILED IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY;
THENCE ALONG SAID CENTER LINE OF ROAD SURVEY 1800-1, NORTH 8*47'IT-
WEST, 808.58 FEET; THENCE LEAVING SAID CENTER LINE OF ROAD SURVEY
1800-1, SOUTH 84*10'33" EAST, 163.20 FEET TO THE TRUE POINT OF
BEGINNING OF THE CENTER LINE HEREIN DESCRIBED, SAID TRUE POINT OF
BEGINNING BEING ALSO A POINT ON A LINE THAT IS PARALLEL WITH AND 25.00
FEET NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF THAT CERTAIN 150.00
FOOT WIDE STRIP OF LAND DESCRIBED IN THAT CERTAIN GRANT OF RIGHT OF
WAY TO SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION, RECORDED
OCTOBER 16, 1956 IN BOOK 6301, PAGE 162 OF OFFICIAL RECORDS OF SAID
COUNTY OF SAN DIEGO; THENCE FROM SAID TRUE POINT OF BEGINNING AND
RETRACING NORTH 84*10'33" WEST, 163.20 FEET.
ALSO: BEGINNING AT THE TRUE POINT OF BEGINNING DESCRIBED ABOVE;
THENCE FROM SAID TRUE POINT OF BEGINNING ALONG SAID LINE THAT IS
PARALLEL WITH AND 25.00 FEET NORTHEASTERLY OF THE SOUTHWESTERLY LINE
OF SAID 150.00 FOOT WIDE STRIP OF LAND DESCRIBED IN SAID GRANT OF
RIGHT OF WAY, RECORDED OCTOBER 16, 1956 IN BOOK 6301, PAGE 162, SOUTH
24*59'39" EAST, 1551.28 FEET.
20. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
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
THAT PORTION OF THE HEREIN DESCRIBED PROPERTY LYING
WITHIN A STRIP OF LAND 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
STATED HEREIN,
IN FAVOR OF
FOR :
RECORDED
AFFECTS
1182342 PAGE 78
TICOR TITLE INSURANCE
SAID DATE INSTALL WITHIN THE EASEMENT AND RIGHT OF WAY
ADDITIONAL GAS UTILITY FACILITIES.
21. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, A
CORPORATION
UNDERGROUND COMMUNICATION STRUCTURES AS GRANTEE MAY
FROM TIME TO TIME REQUIRE, CONSISTING OF CABLES,
CONDUITS, MANHOLES, MARKERS, PEDESTALS AND NECESSARY
FIXTURES AND APPURTENANCES
OCTOBER 16, 1972, RECORDER'S FILE NO. 276919
STRIPS OF LAND FIVE (5) FEET IN WIDTH IN SAID PROPERTY
AS SHOWN ON EXHIBIT "A", CONSISTING OF 1 PAGE,
ATTACHED TO SAID INSTRUMENT AND MADE A PART THEREOF.
SAID EASEMENT
STATED HEREIN
IN FAVOR OF
FOR
RECORDED
AFFECTS
NOTE: A PORTION OF SAID EASEMENT WAS ELIMINATED BY QUITCLIAM FROM
PACIFIC BELL, RECORDED DECEMBER 19, 1985, RECORDER'S FILE NO.
85- 476834 AND RE-RECORDED FEBRUARY 10, 1986, RECORDER'S FILE NO.
86- 053521.
STATED HEREIN,
IN FAVOR OF
FOR :
22. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
CARLSBAD MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER
DISTRICT, GRANTEE
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, AT SUCH LOCATIONS AND ELEVATIONS, AS GRANTEE
MAY NOW OR HEREAFTER DEEM CONVENIENT AND NECESSARY
FROM TIME TO TIME, TOGETHER WITH THE RIGHT OF INGRESS
THERETO AND EGRESS THEREFROM, TO AND ALONG SAID RIGHT
OF WAY BY A PRATICAL ROUTE OR ROUTES
AUGUST 1. 1973. RECORDER'S FILE NO. 73-212527
THOSE PORTIONS OF LOTS 9 AND 15 IN SECTION 35 HEREIN
DESCRIBED. DESCRIBED AS FOLLOWS:
RECORDED
AFFECTS
LINE "D"
A STRIP OF LAND 20.00 FEET
15.00 FEET LYING WESTERLY
FOLLOWING DESCRIBED LINE:
IN WIDTH, 5.00 FEET LYING EASTERLY AND
OF AND MEASURED AT RIGHT ANGLES TO THE
COMMENCING AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND
DESCRIBED IN DEED TO LEUCADIA COUNTY WATER DISTRICT RECORDED
AUGUST 11, 1961, AS DOCUMENT NO. 138155, OFFICIAL RECORDS OF SAID
COUNTY; THENCE SOUTH 0*33'46" WEST, 202.10 FEET TO AN INTERSECTION
WITH THE NORTHERLY LINE OF SAN DIEGO COUNTY ROAD SURVEY NO. 1796-66,
A COPY OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF
SAID COUNTY; THENCE ALONG SAID NORTHERLY LINE SOUTH 84*47'23" WEST,
162.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 24*29'01"
WEST 86.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "U";
THENCE CONTINUING NORTH 24*29'01" WEST 147.88 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "T".
1182342 PAGE 79
TICOR TITLE INSURANCE
THE SIDELINES OF THE ABOVE DESCRIBED STRIP OF LAND TO BE LENGTHENED
OR SHORTENED TO BEGIN IN SAID NORTHERLY LINE OF SAN DIEGO COUNTY ROAD
SURVEY NO. 1796-F
ALSO INCLUDING A
EACH SIDE OF AND
CENTER LINE:
STRIP OF LAND 10.00 FEET IN
MEASURED AT RIGHT ANGLES TO
WIDTH, 5.00 FEET LYING ON
THE FOLLOWING DESCRIBED
BEGINNING AT
30.00 FEET.
LINE "E"
THE AFOREMENTIONED POINT "U"; THENCE SOUTH 65*30'59" WEST
A STRIP OF LAND 31.25 FEET IN
5.00 FEET LYING SOUTHERLY OF
FOLLOWING DESCRIBED LINE:
WIDTH, 26.25
AND MEASURED
FEET LYING NORTHERLY AND
AT RIGHT ANGLES TO THE
OF
COMMENCING AT THE AFOREMENTIONED POINT "T"; THENCE SOUTH 65*30'59"
WEST 57.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "S";
THENCE CONTINUING SOUTH 65*30'59" WEST 5.00 FEET TO THE TRUE POINT
BEGINNING; THENCE RETRACING NORTH 65°30'59' EAST 226.67 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT "R"; THENCE CONTINUING NORTH
65*30'59" EAST 2.00 FEET TO THE TERMINATION OF THE HEREIN DESCRIBED
LINE IN THE WESTERLY LINE OF THAT CERTAIN 150.00 FOOT EASEMENT
GRANTED TO SAN DIEGO GAS & ELECTRIC COMPANY PER SERIES 3, BOOK 1962,
FILE/PAGE 104913, OFFICIAL RECORDS OF SAID COUNTY.
LINE "F"
A STRIP OF LAND 10.00 FEET IN WIDTH, 2.00 FEET EASTERLY AND 8.00 FEET
WESTERLY OF AND MEASURED AT RIGHT ANGLES TO THE FOLLOWING DESCRIBED
LINE, SAID EASTERLY LINE OF LINE "F" ALSO BEING SAID WESTERLY LINE OF
THE AFOREMENTIONED 150.00 FOOT SAN DIEGO GAS & ELECTRIC COMPANY
EASEMENT.
BEGINNING AT AFOREMENTIONED POINT "R"; THENCE NORTH 24*29'01" WEST
34.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "M"; THENCE
CONTINUING NORTH 24*29'01" WEST 391.00 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "N"; THENCE CONTINUING NORTH 24*29'0r' WEST
23.25 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "0".
ALSO INCLUDING TWO STRIPS OF LAND, EACH 10.00 FEET IN WIDTH LYING 5.00
FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES:
(1) BEGINNING AT THE AFOREMENTIONED POINT
EAST 12.00 FEET "M*
(2) BEGINNING AT THE AFOREMENTIONED POINT "N"
EAST 12.00 FEET
LINE "G"
THENCE NORTH 65*30'59"
THENCE NORTH 05*30'59"
A STRIP OF LAND 20.00 FEET IN WIDTH, 15.00 FEET LYING EASTERLY AND
5.00 FEET LYING WESTERLY OF AND MEASURED AT RIGHT ANGLES TO THE
FOLLOWING DESCRIBED LINE:
1182342 PAGE 80
TICOR TITLE INSURANCE
BEGINNING AT THE AFOREMENTIONED POINT "S" THENCE NORTH 24*29'01" WEST
138.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "J"; THENCE
CONTINUING NORTH 24*29'01" WEST 76.00 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "P"; THENCE CONTINUING NORTH 24*29'01" WEST
103.00 FEET; THENCE NORTH 22*00'00" WEST 131.37 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "Q".
ALSO INCLUDING TWO STRIPS OF LAND, EACH 10.00 FEET IN WIDTH,
LYING ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES:
5.00 FEET
(1) BEGINNING AT THE AFOREMENTIONED POINT "P"; THENCE SOUTH 65*30'59'
WEST 48.00 FEET; THENCE SOUTH 81*14'14" WEST 7.00 FEET, MORE OR LESS,
TO AN INTERSECTION WITH SAID EASTERLY LINE OF THAT PORTION OF EL
CAMINO REAL DEDICATED TO SAN DIEGO COUNTY, PER DOCUMENT NO. 125910.
THE SIDELINES OF THE ABOVE DESCRIBED EASEMENTS TO BE LENGTHENED OR
SHORTENED SO AS TO TERMINATE IN SAID EASTERLY LINE
(2) BEGINNING AT
EAST 20.00 FEET.
THE AFOREMENTIONED POINT "J"; THENCE NORTH 65*30'59"
PARCEL "H'
A STRIP OF LAND 15.00 FEET
10.00 FEET LYING SOUTHERLY
FOLLOWING DESCRIBED LINE:
IN WIDTH, 5.00 FEET LYING
OF AND MEASURED AT RIGHT
NORTHERLY AND
ANGLES TO THE
BEGINNING AT THE AFOREMENTIONED POINT "Q"; THENCE NORTH 65*30'59" EAST
215.98 FEET TO A POINT OF INTERSECTION WITH THE AFOREMENTIONED POINT
"0"; THENCE CONTINUING NORTH 65*30'59" EAST 2.00 FEET TO THE
TERMINATION OF THE HEREIN DESCRIBED LINE IN THE WESTERLY LINE OF THAT
CERTAIN 150.00 FOOT EASEMENT GRANTED TO SAN DIEGO GAS & ELECTRIC
COMPANY PER SERIES 3, BOOK 1962, FILE/PAGE 104913, OFFICIAL RECORDS OF
SAID COUNTY.
THE SIDELINES OF THE ABOVE DESCRIBED STRIP OF LAND TO BE LENGTHENED
OR SHORTENED TO BEGIN IN SAID EASTERLY LINE OF THAT PORTION OF EL
CAMINO REAL DEDICATED TO SAN DIEGO COUNTY, DOCUMENT NO. 125910.
STATED HEREIN,
IN FAVOR OF :
FOR :
23. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES
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 ABOVEGROUND STRUCTURES
NECESSARY FOR THE OPERATION OF SAID UNDERGROUND
FACILITIES AND ALL MISCELLANEOUS EQUIPMENT AND
MATERIAL CONNECTED THEREWITH
APRIL 26, 1973, RECORDER'S FILE NO. 73-110909
THAT PORTION OF LOT 9 HEREIN DESCRIBED LYING WITHIN A
STRIP OF LAND 8.00 FEET IN WIDTH, BEING 4.00 FEET
MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTER LINE:
RECORDED
AFFECTS
1182342 PAGE 81
M TICOR TITLE INSURANCE
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 9; THENCE ALONG THE
NORTHERLY LINE THEREOF NORTH 89*05'42" WEST, 1025.86 FEET TO THE
CENTER LINE OF EL CAMINO REAL; THENCE ALONG SAID CENTER LINE SOUTH
8*47'23" EAST, 430.76 FEET TO THE BEGINNING OF A TANGENT CURVE, HAVING
A RADIUS OF 3000.00 FEET, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8*34'32", A DISTANCE OF
449.02 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 84*45'46" EAST,
204.74 FEET; THENCE NORTH 5*14'14" WEST, 51.00 FEET; THENCE NORTH
84*45'46" EAST, 253.12 FEET; THENCE NORTH 13*47'39" WEST, 21.62 FEET
TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED;
THENCE FROM SAID TRUE POINT OF BEGINNING CONTINUING NORTH 13*47'39"
WEST, 48.65 FEET; THENCE NORTH 0*43'28" EAST, 117.82 FEET; THENCE
NORTH 17*37'32" WEST, 51.10 FEET.
ALSO: BEGINNING AT SAID TRUE POINT OF BEGINNING; THENCE SOUTH
13*47'39" EAST, 6.02 FEET TO THE BEGINNING OF A TANGENT CURVE, HAVING
A RADIUS OF 20.47 FEET. CONCAVE NORTHEASTERLY; THENCE SOUTHERLY TO
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
81*26'35". A DISTANCE OF 29.10 FEET.
24. 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
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 : LEUCADIA COUNTY WATER DISTRICT, A POLITICAL
SUBDIVISION
FOR : A DRAINAGE PIPELINE AND APPURTENANCES
RECORDED : AUGUST 19, 1974, RECORDER'S FILE NO. 74-224936
AFFECTS : A STRIP OF LAND 10.00 FEET IN WIDTH, LYING WITHIN
SECTION 35 HEREIN DESCRIBED, THE WESTERLY SIDE LINE OF
SAID STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE EAST LINE OF LOT 9 OF SAID SECTION 35,
DISTANT THEREON, SOUTH 0*09'10" EAST 69.76 FEET FROM THE NORTHEAST
CORNER OF SAID LOT 9, SAID POINT BEING THE NORTHEAST CORNER OF LAND
DESCRIBED IN DEED TO LEUCADIA COUNTY WATER DISTRICT, RECORDED
AUGUST 11, 1961 AS DOCUMENT NO. 138155; THENCE ALONG THE NORTHERLY
LINE OF SAID LAND, SOUTH 89*50'50" WEST 440.00 FEET TO THE NORTHWEST
CORNER OF SAID LAND AND THE TRUE POINT OF BEGINNING; THENCE NORTH
0°10'20" WEST 650 FEET, MORE OR LESS, TO THE CENTER LINE OF THAT CREEK
COMMONLY KNOWN AS SAN MARCOS CREEK. THE EASTERLY SIDE LINE OF SAID
STRIP IS TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE ON THE NORTH
AT THE CENTER LINE OF SAID SAN MARCOS CREEK AND ON THE SOUTH AT THE
NORTHERLY LINE OF SAID LAND OF LEUCADIA COUNTY WATER DISTRICT.
26. AN UNRECORDED LEASE, AFFECTING THE PREMISES HEREIN STATED,
EXECUTED BY AND BETWEEN THE PARTIES NAMED HEREIN FOR THE TERM AND UPON
THE TERMS, COVENANTS AND CONDITIONS THEREIN PROVIDED.
DATED : NOT DISCLOSED
1182342 PAGE 82
TICOR TITLE INSURANCE
LESSOR
LESSEE
DISCLOSED BY
RECORDED
AFFECTS
LA COSTA HOTEL AND SPA, A CALIFORNIA GENERAL
PARTNERSHIP
BORNEMANN, CINDY W.
FINANCING STATEMENT
MAY 2, 1985, RECORDER'S FILE NO. 85-153790
7676-A EL CAMINO REAL
NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID
LEASEHOLD OR MATTERS AFFECTING THE RIGHTS OR INTERESTS OF THE LESSOR
OR LESSEE ARISING OUT OF OR OCCASIONED BY SAID LEASE.
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
PACIFIC BELL
UNDERGROUND COMMUNICATION FACILITIES
JULY 31. 1985, RECORDER'S FILE NO. 85-273499
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.
IN FAVOR OF
FOR
RECORDED
AFFECTS
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 OF
FOR
RECORDED
AFFECTS
LA COSTA HOTEL & SPA, A CALIFORNIA GENERAL PARTNERSHIP
INGRESS AND EGRESS AND PEDESTRIAN AND VEHICULAR ACCESS
NOVEMBER 20, 1987, RECORDER'S FILE NO. 87-651062
THAT PORTION OF PARCEL 1, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED
MAY 4, 1987, AS DOCUMENT NO. 87-242042 OF OFFICIAL
RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY BOUNDARY LINE
OF SAID PARCEL 1 WITH THE NORTHERLY RIGHT OF WAY LINE OF LA COSTA
AVENUE; THENCE ALONG SAID EASTERLY BOUNDARY LINE NORTH 0*34'16" EAST
16.32 TO THE NORTHERLY BOUNDARY LINE OF SAID PARCEL 1; THENCE ALONG
SAID NORTHERLY BOUNDARY LINE NORTH 89*53'59" WEST 85.00 FEET. THENCE
SOUTH 0*06'01" WEST 99.92 FEET TO A POINT ON SAID NORTHERLY RIGHT OF
WAY LINE OF LA COSTA AVENUE. ALSO BEING A POINT ON THE ARC OF A
NON-TANGENT 458.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; A RADIAL
TO SAID POINT BEARS SOUTH 36*59'52" EAST; THENCE NORTHEASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14*56'44" A DISTANCE
OF 119.47 FEET TO THE POINT OF BEGINNING.
29. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH ARE NOT SHOWN BY THE
PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY MAKING INQUIRY OF THE
LESSORS IN THE LEASE OR LEASES REFERRED TO IN THE LEASEHOLD COVERED BY
THIS REPORT
30. THE EFFECT OF ANY FAILURE TO COMPLY WITH THE TERMS, COVENANTS AND
CONDITIONS OF THE LEASE OR LEASES REFERRED TO IN THE LEASEHOLD ESTATE
COVERED BY THIS REPORT
31. A DEED OF TRUST TO SECURE AN
STATED HEREIN
ORIGINAL INDEBTEDNESS OF THE AMOUNT
1182342 PAGE 83
W TICOR TITLE INSURANCE
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
JULY 1, 1988
$107,000,000.00
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
THE FUJI BANK, LTD.
JULY 20, 1988, RECORDER'S FILE NO. 88-351339
SAID MATTER AFFECTS THIS AND OTHER PROPERTY.
32. AN UNRECORDED MANAGEMENT AGREEMENT DATED AUGUST 12, 1987, BY AND
BETWEEN LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA CORPORATION
(AS OWNER) AND GLOBAL HOSPITALITY CORPORATION, A CALIFORNIA
CORPORATION (AS MANAGER), AS DISCLOSED BY AN ASSIGNMENT AND
SUBORDINATION OF MANAGEMENT AGREEMENT AND ESTOPPEL CERTIFICATE AND
CONSENT RECORDED JULY 20, 1988, RECORDER'S FILE NO. 88-351340.
SAID MANAGEMENT AGREEMENT
HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
REFERRED TO IN THIS
RECORDED
SUBORDINATED
RECORDED
33. A DEED OF
STATED HEREIN
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
TO
JULY 20, 1988, RECORDER'S FILE
DEED OF TRUST TO THE FUJI BANK
JULY 20, 1988, RECORDER'S FILE
NO.
LTD
NO.
88-351340
88-351339
RECORDED
TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
NOVEMBER 19, 1987
$100,000,000.00
LA COSTA HOTEL AND SPA CORPORATION, A CALIFORNIA
CORPORATION
TICOR TITLE INSURANCE COMPANY
IRWIN A. MOLASKY, AS AGENT FOR MOLASKY - LA COSTA
PARTNERSHIP, A LIMITED PARTNERSHIP; ADELSON - LA COSTA
PARTNERSHIP, A LIMITED PARTNERSHIP; ALLARD ROEN; IRWIN
FRUCHTMAN; IRVING ROSTON; LORI EMSLIE; JUNE ALPERT;
EDDIE D. SUSALLA; IRWIN A. MOLASKY AND MERV ADELSON
NOVEMBER 20, 1987, RECORDER'S FILE NO. 87-651093
NOTE: SAID DEED OF TRUST'S OUTSTANDING BALANCE HAS BEEN REDUCED
TO AN AMOUNT NOT TO EXCEED $60,000,000.00 AS DISCLOSED BY A
SUBORDINATION AGREEMENT RECORDED JULY 20, 1988, RECORDER'S FILE NO.
88-351918.
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH. BY THE PROVISIONS OF AN INSTRUMENT
DATED
EXECUTED BY
RECORDED
SUBORDINATED
RECORDED
TO
JULY 1, 1988
IRWIN A. MOLASKY, ET AL
JULY 20, 1988, RECORDER'S FILE NO. 88-351918
DEED OF TRUST TO THE FUJI BANK LTD.
JULY 20, 1988, RECORDER'S FILE NO. 88-351339
SAID MATTER AFFECTS THIS AND OTHER PROPERTY
1182342
NOTES
PAGE 84
TICOR TITLE INSURANCE
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1 :
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*0r27" 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*0r27" 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 3r35'41" 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*01'27" WEST 294.00 FEET; THENCE, NORTH
00*58'33" EAST 296.00 FEET; THENCE, NORTH 06*01'27" 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*41'04" 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
1182342 PAGE 86
TICOR TITLE INSURANCE
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
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
1182342 PAGE 87
TICOR TITLE INSURANCE
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 31*34'14" EAST 89.00 FEET; THENCE SOUTH 65*3r08" 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 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°27'21" 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*0r07" 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 81*12'49"
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);
1182342 PAGE 88
TICOR TITLE INSURANCE
SAI.D 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 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.
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
51*56'36" 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 31*36'01" EAST 61.79 FEET; THENCE
SOUTH 13*25'02" WEST 31.75 FEET; 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.
1182342 PAGE 89
TICOR TITLE INSURANCE
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
WESTERLY LINE OF
SOUTHEAST CORNER
SOUTHWEST CORNER OF SAID LOT 45; THENCE ALONG THE
SAID LOT NORTH 12*43'11" EAST, 25.45 FEET TO THE
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
SOUTH
SOUTH
SOUTH
SOUTH
SOUTH
SOUTH
SOUTH
OF SAID
53*35'07" EAST,
47*22'36" EAST
27*02'33" WEST
16*17'33" WEST
7*ir27" EAST,
26*25'27" EAST
35°12'40"
76*0r37"
LA COSTA
EAST
EAST
VALLI
NO. 7784 FILED IN THE
COUNTY, AS FOLLOWS:
48.08 F
386.01
810.00
275.00
100.20
322.50
77.67
349.53
;Y UNIT
OFFICE
EET; SOUTH 61*45'15" EAST, 429.99 FEET
FEET
FEET
FEET
FEET;
FEET
FEET;
FEET
SOUTH 17*37'22" WEST
SOUTH 46*56'33" WEST
SOUTH 3*53'33" WEST,
SOUTH 18*23'27" EAST,
SOUTH 18*48'27" EAST
NORTH 84*58'28" EAST,
682.05 FEET
248.60 FEET
317.60 FEET;
193.00 FEET;
202.00 FEET:
752.17 FEET;
TO THE SOUTHEAST CORNER OF LOT 194
NO. 4; THENCE ALONG THE BOUNDARY OF MAP
OF THE COUNTY RECORDER OF SAN DIEGO
SOUTH 76°0r37"
SOUTH 88*08'28"
SOUTH 75*21'30"
SOUTH 84*01'27"
EAST
EAST
EAST
EAST
101.47
851.93
547.76
528.04
FEET
FEET
FEET
FEET
SOUTH
NORTH
SOUTH
SOUTH
69*19'47"
87*40'50"
63*03'45"
48*01'27"
EAST, 79.98 FEET;
EAST, 300.64 FEET
EAST, 578.25 FEET
EAST, 511.03 FEET
AND SOUTH 35*0r27" 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*41'55" WEST
SOUTH 36*35'33" WEST
SOUTH 55*40'48" WEST
THE NORTHWEST CORNER
208.88 FEET; SOUTH 27*11'20" WEST, 91.78 FEET
, 94.13 FEET; SOUTH 46*06'56" WEST, 94.13 FEET;
, 120.24 FEET; SOUTH 68*34'25" WEST, 95.00 FEET
OF LOT 376 OF SAID LA COSTA SOUTH UNIT NO. 5; TO
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
2r25'35" WEST 89.46 FEET; AND NORTH 42*01'15" WEST 323.96 FEET TO THE
BOUNDARY OF SAID LA COSTA SOUTH UNIT NO. 5; THENCE ALONG SAID BOUNDARY
AS FOLLOWS:
NORTH 1*55'21" 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
1182342 PAGE 90
W TICOR TITLE INSURANCE
SOUTH 14°55'28" EAST 235.00 FEET; SOUTH 33°10'03" EAST, 222.92 FEET TO
A PQINT 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 0°4r38" WEST, 624.21 FEET
NORTH 0°03'46" WEST, 170.00 FEET
NORTH 60*31'27" EAST, 79.26 FEET;
NORTH 15°10'48" EAST, 203.15 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, 600.00 FEET; NORTH 65*05'55" WEST, 587.00 FEET;
SOUTH 55*59'22" WEST, 454.39 FEET; SOUTH 64*39'14" EAST, 1316.78
FEET; NORTH 89*56'14" EAST, 177.32 FEET TO A POINT IN THE ARC OF A
320.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY. A RADIAL LINE TO SAID
POINT BEARS SOUTH 86*19'38" EAST; THENCE SOUTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 30*42'38" A DISTANCE OF 171.52 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 34*23'00" WEST, 174.00 FEET; NORTH
55*37'00" WEST, 116.00 FEET; NORTH 6r46'38" WEST, 196.08 FEET; NORTH
72*24'12" WEST, 186.31 FEET; NORTH 24*24'54" EAST, 5.80 FEET; NORTH
50*24'12" WEST. 65.27 FEET; SOUTH 39*35'48" WEST. 32.58 FEET; NORTH
72*24'12" WEST. 204.93 FEET; NORTH 6r42'02" WEST. 492.35 FEET; NORTH
76*25'45" WEST. 113.38 FEET; WEST. 114.00 FEET; SOUTH 85*50'25" WEST,
110.29 FEET; SOUTH 70*46'50" WEST, 115.43 FEET; SOUTH 63*15'05" WEST,
184.91 FEET; SOUTH 74*47'11" WEST, 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 0*22'36" WEST, 127.39 FEET; SOUTH 89*37'24" WEST, 352.01 FEET;
NORTH 84*05'18" WEST, 262.44 FEET; NORTH 77*48'00" WEST, 338.00 FEET;
SOUTH 12*12'00" WEST, 55.23 FEET TO A POINT IN THE WESTERLY BOUNDARY
OF LA COSTA GREENS; DISTANT NORTH 12°12'00" EAST 204.77 FEET FROM
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
1182342 PAGE 91
TICOR TITLE INSURANCE
•43°&r27" 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*0r27" 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*01'27" 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 5r58'33" EAST, 141,
NORTH 2*58'33" EAST, 456
NORTH 14°58'33" EAST, 195
THE MOST SOUTHERLY CORNER
VALLEY UNIT NO. 1; THENCE
49 FEET; NORTH 18*58'33" EAST, 297.96 FEET;
21 FEET; NORTH 29*58'33" EAST, 258.86 FEET;
00 FEET; NORTH 32*40'07" WEST 87.64 FEET TO
OF LOT 58 OF THE AFOREMENTIONED LA COSTA
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
EAST
WEST
WEST
EAST,
WEST
EAST
EAST
67.14
20.00
20.00
65.76
200.26
, 182.50
FEET
FEET
FEET
FEET
FEET
FEET
SOUTH
NORTH
SOUTH
NORTH
NORTH
; NORTH
43*43'10"
12°35'26"
68°54'02"
20*29'23"
27*22'15"
42*29'02"
EAST
EAST
WEST
EAST
WEST
WEST
40.00 FEET; 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
102.32 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
4, ACCORDING TO MAP THEREOF NO. 6520, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY.
NO,
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
THE CITY OF CARLSBAD. IN THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA.
DESCRIBED AS FOLLOWS:
1182342 PAGE 92
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*0r37" EAST, 69.24 FEET FROM THE
SOUTHERLY SOUTHWEST CORNER; THENCE ALONG SAID SOUTH LINE SOUTH
76*0r37" 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 41*20'56" 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
1182342 PAGE 93
TICOR TITLE INSURANCE
UNIT NO. 5, NORTH 25°42'3r' WEST, 133.00 FEET, THENCE NORTH 1*55'21"
WEST, 275.91 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 21°25'35" 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 SAN 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*0r20" 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.
PARCEL 2:
PARCEL A OF PARCEL MAP NO. 13427, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, AUGUST 16, 1984, AS FILE NO. 84-313333
OF OFFICIAL RECORDS.
1182342 PAGE 94
TICOR TITLE INSURANCE
PARCEL 3A:
LOTS 121 THROUGH 129 INCLUSIVE OF LA COSTA VALLEY UNIT NO. 1, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 5434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, JULY 29, 1964.
PARCEL 38:
LOTS 225 AND 226 OF LA COSTA VALLEY UNIT NO. 4, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 5781, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, SEPTEMBER 16, 1966.
PARCEL 3C:
LOTS 145, 146 AND 147 OF LA COSTA VALLEY UNIT NO. 3
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
THEREOF NO. 5734, FILED IN THE OFFICE OF THE COUNTY
DIEGO COUNTY, MAY 18, 1966.
IN THE CITY OF
ACCORDING TO MAP
RECORDER OF SAN
EXCEPTING THAT PORTION OF SAID LOT 147 DESCRIBED AS FOLLOWS::
BEGINNING AT THE MOST EASTERLY CORNER OF LOT 101 OF MAP NO. 5434 FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING AN
ANGLE POINT IN THE SOUTHWESTERLY BOUNDARY OF SAID LOT 147; THENCE
ALONG SAID SOUTHWESTERLY BOUNDARY, NORTH 57*24'00" WEST, 128.03 FEET
TO AN ANGLE POINT; THENCE SOUTH 64*00'00" EAST 95.16 FEET; THENCE
SOUTH 39*19'00" EAST 35.24 FEET TO THE POINT OF BEGINNING.
PARCEL 3D:
LOTS 138, 139 AND 140 OF LA COSTA VALLEY UNIT NO. 2, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 5486, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, OCTOBER 28, 1964.
PARCEL 4:
A NON-EXCLUSIVE EASEMENT FOR PASSAGE, DRAINAGE AND MAINTENANCE OVER,
UNDER, THROUGH AND ACROSS THAT PORTION OF LOT 148 OF LA COSTA VALLEY
UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5781, AS FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT; THENCE ALONG THE
EASTERLY BOUNDARY LINE SOUTH 00*45'02" WEST 117.00 FEET; THENCE SOUTH
23*3r24" EAST 128.23 FEET TO THE SOUTHEAST CORNER OF SAID LOT;
THENCE ALONG THE SOUTHERLY BOUNDARY LINE NORTH 61°43'48" WEST 179.00
FEET; THENCE NORTH 53*33'40" WEST 32.70 FEET; THENCE LEAVING SAID
BOUNDARY LINE SOUTH 73*38'58" EAST 66.82 FEET; THENCE NORTH 82*13'17"
EAST 14.61 FEET; THENCE NORTH 77*45'55" EAST 9.85 FEET; THENCE NORTH
1182342 PAGE 95
TICOR TITLE INSURANCE
42*^8'37" EAST 9.77 FEET; THENCE NORTH ri0'59" EAST 15.06 FEET;
THENCE NORTH 18*00'34" WEST 97.43 FEET; THENCE DUE NORTH 28.84 FEET TO
A POINT ON A NONTANGENT 4910.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY,
SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY LINE OF SAID LOT, A
RADIAL LINE TO SAID POINT BEARS NORTH 1*49'36" EAST; THENCE ALONG
SAID NORTHERLY BOUNDARY LINE AND EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 00*12'41", A DISTANCE OF 18.12 FEET TO A
POINT OF COMPOUND CURVATURE OF A 949.00 FOOT RADIUS CURVE, CONCAVE
SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 2*02'17" EAST;
THENCE CONTINUING ALONG SAID BOUNDARY LINE AND EASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2*05'43" A DISTANCE OF 34.70
FEET TO THE POINT OF BEGINNING.
PARCEL 5:
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, 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 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 31*34'14" EAST 89.00 FEET; THENCE, SOUTH 65*3r08" 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 THE EASTERLY LINE OF A 150.00
FOOT SAN DIEGO GAS & ELECTRIC COMPANY EASEMENT, RECORDED
OCTOBER 16, 1956, DOC. NO. 145345, BK. 6301, PAGE 162, OF 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*27'21" WEST 243.40 FEET; THENCE, LEAVING SAID
WESTERLY LINE NORTH 29*02'30" 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 OF 5*01'07" A
DISTANCE OF 70.16 FEET TO THE POINT OF BEGINNING.
PARCEL 6:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER COSTA DEL MAR
ROAD AS DEDICATED AND REJECTED ON LA COSTA CONDOMINIUMS NO. 3 AND 4
ACCORDING TO MAPS 6129 AND 6520 RESPECTIVELY.
PARCEL 7A:
A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR INGRESS, EGRESS AND
PEDESTRIAN AND VEHICULAR ACCESS OVER AND THROUGH THAT PORTION OF LOT
9 IN SECTION 35, TOWNSHIP 15 SOUTH. RANGE 4 WEST, SAN BERNARDINO
1182342 PAGE 96
TICOR TITLE INSURANCE
MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT 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; THENCE
ALONG THE SOUTH BOUNDARY LINE AS DESCRIBED IN SAID DEED, NORTH 89'
25'44" WEST (SOUTH 89*50' WEST PER DEED) 75.08 FEET; THENCE LEAVING
SAID SOUTH BOUNDARY LINE NORTH 55*00'00" EAST 92.30 FEET TO A POINT
ON THE EAST BOUNDARY LINE AS DESCRIBED IN SAID DEED THENCE; ALONG
SAID EAST BOUNDARY LINE SOUTH 00*34'16" WEST (SOUTH 00*09'10"
EAST PER DEED) 53.69 FEET TO THE POINT OF BEGINNING.
PARCEL 78:
A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR INGRESS, EGRESS AND
PEDESTRIAN AND VEHICULAR ACCESS OVER AND THROUGH THAT PORTION OF
PARCEL 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED MAY 4, 1987, AS DOCUMENT NO. 242042 OF OFFICIAL RECORDS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY BOUNDARY
LINE OF SAID PARCEL 1 WITH THE NORTHERLY RIGHT-OF-WAY LINE OF LA
COSTA AVENUE; THENCE ALONG SAID EASTERLY BOUNDARY LINE NORTH
0*34'16" EAST 16.32 TO THE NORTHERLY BOUNDARY LINE OF SAID PARCEL
1, THENCE ALONG SAID NORTHERLY BOUNDARY LINE NORTH 89*53'59" WEST
85.00 FEET, THENCE SOUTH 0*06'01" WEST 99.92 FEET TO A POINT ON
SAID NORTHERLY RIGHT-OF-WAY LINE OF LA COSTA AVENUE, ALSO BEING A
POINT ON THE ARC OF A NON-TANGENT 458.00 FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY; A RADIAL TO SAID POINT BEARS SOUTH
36*59'52" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 14*56'44" A DISTANCE OF 119.47 FEET TO
THE POINT OF BEGINNING.
PARCEL 8:
AN EASEMENT FOR A GOLF CART UNDERCROSSINO STRUCTURE BEING IN THE CITY
OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. BEING A PORTION
OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 26.
TOWNSHIP 12 SOUTH. RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING
TO THE OFFICIAL PLAT THEREOF MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND BEING 15.00 FEET WIDE, LYING 7.50 FEET ON EACH SIDE
AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE:
COMMENCING AT THE NORTHEAST CORNER OF LOT 148 OF LA COSTA VALLEY UNIT
NO. 4 ACCORDING TO MAP NO. 5781 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY. SAID POINT BEING ON THE ARC OF A 949.00 FOOT
RADIUS CURVE CONCAVED SOUTHERLY. A RADIAL LINE TO SAID POINT BEARS
NORTH 40*08'00" EAST. SAID POINT ALSO BEING ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF ALGA ROAD AS SHOWN ON SAID MAP; THENCE WESTERLY
ALONG THE ARC OF SAID CURVE AND SAID RIGHT-OF-WAY LINE THROUGH A
CENTRAL ANGLE OF 2*05'43" A DISTANCE OF 34.70 FEET TO A POINT OF
1182342 PAGE 97
gl TICOR TITLE INSURANCE
COMPOUND CURVATURE OF A 4,910.00 FOOT RADIUS CURVE CONCAVED SOUTHERLY;
A RADIAL LINE TO SAID POINT BEARS NORTH 2*02'17" EAST; THENCE
WESTERLY ALONG THE ARC OF SAID 4,910.00 FOOT RADIUS CURVE THROUGH A
CENTRAL ANGLE OF 0°04'33", A DISTANCE OF 6.50 FEET TO THE TRUE POINT
OF BEGINNING; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH
2*59'38" WEST 102.85 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID
ALGA ROAD BEING A POINT ON THE ARC OF A 1,051.00 FOOT RADIUS CURVE,
CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 01*11'4"
WEST, SAID POINT BEING THE POINT OF TERMINATION.
THE EASTERLY SIDELINE OF SAID EASEMENT SHALL BE LENGTHENED OR
SHORTENED TO BEGIN ON SAID 949.00 FOOT RADIUS CURVE AND SHALL
TERMINATE ON SAID NORTHERLY RIGHT-OF-WAY LINE. THE WESTERLY
SIDELINE SHALL BE LENGTHENED OR SHORTENED TO BEGIN ON SAID
4,910.0 FOOT RADIUS CURVE AND SHALL TERMINATE ON SAID NORTHERLY
RIGHT-OF-WAY LINE.
PARCEL 9:
THOSE PORTIONS OF LOTS 9, 14 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 THE ACCORDING TO
OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 9 AS SHOWN ON MAP NO.
8379 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 9 NORTH 89*07'13" WEST
439.50 FEET TO A POINT ON 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 FILE NO. 138155 OF
OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE
ALONG SAID NORTHERLY PROLONGATION AND THE WESTERLY AND SOUTHERLY
LINES OF SAID WATER DISTRICT PARCEL THE FOLLOWING COURSES: SOUTH
0*33'46" WEST (SOUTH 0*09'10" EAST PER RECORD) 571.28 FEET, SOUTH
89*53'59" EAST 439.43 FEET (NORTH 89*50'50" EAST, 440 FEET PER
RECORD) TO A POINT ON THE EAST LINE OF SAID LOT 9; THENCE ALONG SAID
EAST LINE SOUTH 0*34'16" WEST 16.32 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 51*56'36" 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
335.89 FEET TO THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND
DESCRIBED IN A LEASE TO ATLANTIC RICHFIELD COMPANY RECORDED
MAY 26. 1966. AS DOCUMENT NO. 87636 OF OFFICIAL RECORDS; THENCE ALONG
SAID LEASE BOUNDARY THE FOLLOWING COURSES: NORTH 5*12'37" WEST (NORTH
5*14'14" WEST PER RECORD) 8.99 FEET, NORTH 15*39'26" WEST (NORTH
15*31'03" WEST PER RECORD) 141.87 FEET TO THE SOUTHEAST CORNER OF THAT
CERTAIN PARCEL OF LAND DESCRIBED IN A QUITCLAIM DEED TO RANCHO LA
COSTA, INCORPORATED, RECORDED APRIL 17, 1967 AS DOCUMENT NO. 52816;
THENCE ALONG THE SOUTHERLY LINE OF SAID QUITCLAIM DEED SOUTH 84*47'23"
WEST 149.83 FEET (SOUTH 84*45'46" WEST 150.28 FEET PER RECORD) TO A
POINT ON THE ARC OF A NON-TANGENT 2937.00 FOOT RADIUS CURVE. CONCAVE
EASTERLY. A RADIAL TO SAID POINT BEARS SOUTH 76*10'50" WEST (SOUTH
76*09'10" WEST PER RECORD); THENCE LEAVING SAID CURVE RADIAL SOUTH
1182342 PAGE 98
m TICOR TITLE INSURANCE
'76*',0'50" WEST 1.37 FEET TO THE EASTERLY SIDELINE OF EL CAMINO REAL
ROAD. SAID POINT BEING ON THE ARC OF A NON-TANGENT 3337.00 FOOT RADIUS
CURVE. CONCAVE EASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 76*47'10"
WEST; THENCE ALONG SAID EASTERLY SIDELINE THE FOLLOWING COURSES:
NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
4*27'04" A DISTANCE OF 259.24 FEET, NORTH 8*45'46" WEST 434.03 FEET;
THENCE LEAVING SAID EASTERLY SIDELINE 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*24'46" A DISTANCE OF 109.06 FEET; THENCE SOUTH
83*20'00" EAST 207.68 FEET TO TRUE POINT OF BEGINNING.
1182342 PAGE 99
gl TICOR TITLE INSURANCE
EXHIBIT A
Printed Policy Exceptions and Exclusions
ALTA RESIDENTIAL POLICY (6-1-87)
The Exclusions and the Exceptions of the ALTA Residential Policy
form recite that you are not insured against loss, costs, attorneys'
fees, and expenses resulting from:
Exclusions
1 Governmental police power, and the existence or violation of
any law or government regulation. This includes building and
zoning ordinances and also laws and regulations concerning
* land use
* improvements on the land
' land division
* environmental protection
This exclusion does not apply to violations or the enforcement of
these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in
Items 12 and 13 of Covered Title Risks.
2 The right to take the land by condemning it, unless:
* a notice of exercising the right appears in the public records on
the Policy Oate
* the taking happened prior to the Policy Date and is binding on
you if you bought the land without knowing of the taking
3 Title Risks:
* that are created, allowed, or agreed to by you
* that are known to you, but not to us, on the Policy Date--unless
they appeared in the public records
' that result in no loss to you
* that first affect your title after the Policy Date-this does not
limit the labor and material lien coverage in Item 8 of Covered Title
Risks
4 Failure to pay value for your title.
5 Lack of a right;
' to any land outside the area specifically described and
referred to in Item 3 of Schedule A
or
* In streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered
Title Risks.
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 Hens 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.
ALTA LOAN POLICY (10-21-87)
WITH ALTA INDORSEMENT FORM 1 COVERAGE
The Exclusions from Coverage of the ALTA Loan Policy form recites that the following matters are expressly excluded from the coverage of this
policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1 (a) Any law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i)the occupancy, use, or enjoyment of the land; (li)the character, dimensions or location of any improvement
now or hereafter erected on the land; (III) a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental
regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3 Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded In the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the Insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage
over any statutory lien for services, labor or material, or to the extent insurance is afforded herein as to assessments for street improvements
under construction or completed at Date of Policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the Indebtedness, to comply with applicable doing business laws of the state in which the land is situated.
5 Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6 Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the Hen
of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to
Date of Policy and Is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of
Policy the Insured has advanced or is obligated to advance.
1182342 PAGE 100
(continued on next page)
m TICOR TITLE INSURANCE^ CLTA STANDARD COVERAGE POLICY-1988
The L* - (jsii*s from Coverage of the CLTA Standard Coverage Policy form recites that the tollowing matters are expressly excluded from the
? coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but
not limited to building or zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to
(i) the occupancy, use, or enjoyment of the land; (ii) the
character, dimensions or location of any improvement now
or tiereafter erected on the land: (iii) a separation in ownership
or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv) environmental
protection, or the effect of any violation ol these laws,
ordinances or governmental regulations, except to the extent
that a notice of the enforcement thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the public
records at Date of Policy.
(b) Any governmental police power not excluded by (a) above,
except to the extent that a notice of the exercise thereof or
a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof
has been recorded in the public records at Oate of Policy, but
not excluding from coverage any taking which has occurred prior
to Date of Policy which would be binding on the rights of a
purchaser for value without knowledge.
Schedule B of the CLTA Standard Coverage Policy form recites that this
not pay costs, attorneys' fees or expenses) which arise by reason of:
Part I
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 which may be asserted by persons in possession
thereof.
3. Easements, liens or encumbrances, or claims thereof, which are
not shown by the public records.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Oate of Policy,
but created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public records
at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant
prior to the date the insured claimant became an insured under
this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been
sustained if the insured claimant had paid value for the insured
mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because
of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness,
to comply with the applicable doing business laws of the state
in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage,
or claim thereof, which arises out of the transaction evidenced
by the insured mortgage and is based upon usury or any consumer
credit protection or truth in lending law.
policy does not insure against loss or damage (and the Company will
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.
6. Any facts, rights, interests or claims which are not shown by
the public records but which could be ascertained by making
inquiry of the lessors in the lease or leases described or referred
to in Schedule A.
7. 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.
ALTA OWNER'S POLICY (10-21-87)
The Exclusions from Coverage of the ALTA Owner's Policy form recites that the following matters are expressly excluded from the coverage
of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any
improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel
of which the land is or was a part; or (Iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental
regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect. Hen or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Oate of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
Hen or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Oate of
Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Oate of Policy, but not excluding
from coverage any taking which has occurred prior to Oate of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, Hens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting In 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
1182342 PAGE 101
1200 CARLSBAD
CITY OF CARLSBAD
LAGE DRIVE CARLSBAD, CAmFORNIA 92008
438-5621
REC'D FROM .C.X '\ .-lyO I .XJSLQ...^ >\Qi
^ cr
1602 03/28/91
DATE_ / /52.5Q
ACCOUNT NO. DESCRIPTION AMOUNT
RECEIPT NO. 3495 TOTAL
i:L%.'l»4L',JL±^iiliiJ'i^..\uii.,.:iiJ'.,il.-j.>:i'
CITY OF CARLSBAD A
1200 ELM JP%NUE CARLSBAD, CALIFOliiA 92008 C£_.c.^-tQ-<^
438-5621
REC'D FROM ^....0- I X.MrK.. H^T.k.)L., 0508^gj^91
Pilic — 1000.00
ACCOUNT NO. DESCRIPTION AMOUNT
—_
r
RECEIPT NO. 101976 TOTAL —.
Carlsbad Journal
Decreed A Legal Newspaper 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 CALIFORNIA, 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 Califomia, 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:
NOTICE OF
PUBUC HEARING
NOTICE IS HEREBY GIVEN that
the.nannlng Commiuion of tbe Cttyof Curtebad wUl hold • publls hearing at the Couoeil ChamiMn, IMO Carlsbad Village Drive
(formerly Elm Avenue), Carlsbad, CaUibmia, at 6:00 pjn. on Wednes-day, April IT, IMI, to consider a re-
quest for Special Uae Permits and anaHnendmenttoaConditionalUse Pennit to add a parldng lot to the eailting hotel and spa resort lo-
cated in the San Harcos Creelc floiodplain and El Camino Real Sce-nisiCorridor in the PC and RP Zones, and more particularly de-scribed as:
Lots La Costa Condominium Unit
4 and a Parcel of land being a por-tion of Lot 14, Section 3S, Township USouth, Range 4 West, San Bf mar-
dfea Meridian in that City of Carls-bad, in the County of San Oiego,
State of California, according to the official plot
Those persons wishing to speak OB this proposal are cordially invit-ed to attend the public hearing. Copies of the staff report will be
available on and after April 11, IIWI. If you have any questions, please call Anne Hysong in the
Planning Department at 438-1161, ext 4477.
If you challenge the Conditional Use Permit/Special Use Permits in court, you may l>e Umited to raising only those issues you or someone else raised at the public hearing
described in this notice or in writ-ten correspondence delivered to the City of Carlsbad at or prior to the public hearing.
Case File: CUP 2!»(B)/SUP 90-12/ SUP 90-13
Applicant: La Costa Hotel & Spa Parldng Lot CITY OF CARLSBAD PLANNING COMMISSION
> J <>'
li
CHi if Ciriikil
LA COSTA HOTEL & SfW RHRKI«S LOT
April4,19»l
April 04 19 91
19_
19_
19_
19
I certify under penalty of perjury that the
foregoing is true and correct. Executed at
Carlsbad, County of San Diego, State of Cali-
fornia on the 4th
day of April. 1991
lerk of the Printer
Cf f ice cf the^Dvemor
Cf f ice of Plc^Tg and Research
State Clearm^cuse
1400 Tenth Street, Roan 121
SacraiKnto, CA 95814
To: AI^HmC
CHY CF CARSBAD
2075 LAS PALMAS EKWE
CARL5BAD, CA 92009
ACKNGWLEDGEmir
State of Califomia
Project NotifLoation and Review Systan
Cf f ice cf the Govemor
(916) 445-0613
SCH NUrtER: 91031019
TITLE: LA OOSTA H3in. AND SPA PARPCBG LDT CUP 258(A)/SUP 90-12
SCH Contast: Terri Lovelady
Department Date: 03/06/^1
Clearance Date: 04/05/91
(If docunent recieved after 10 AM review starts on next day.)
Please use the State Clearingxuse Nunter can fliture ccrrespcrdaioe with
this office and with a^ncies approving or reviewing your project.
This card does not vertfV corpliaTce vdth aivironrantal review
requirarants. A letter containing the Staters coimmts or a letter
o^inning no State camEnts will be forwarded to you after tiie
review is corpL^^
^B-'s^nt, T.
2005 Costa Del Mar #ii46
Carlsbad, CA 92009
RICK ENGINEERING ^^^T^^
19 59 PALOMAR OAKS WY #200 ^ U
CARLSBAD. CA 92009
.1
l^a t n* Y , M.
Sl09 San Fernando Rd
P.O. Box 427
Sun Valley,CA 91352
85001
Cahn, K. & E.
4107 Stansbury Ave
Sherman Oaks, CA 91423
Westreich, N.
10155 Collins Ave.d #B15
Sal Harbour. FL 33154
Salomon, C.
3200 Sixth Ave
San Diego, Ca 92103
Cheney, E.
2005 CostaDelMar#616
Carlsbad, CA 92009
i n V e rn e . H.
c/o Gervis Hotels
12& Old Christchurch Rd
Bournemouth Dorset England
Cohen, R. & B.
5 River Hollow
Houston. TX 77027
Finch, H. & F.
JBGB Rentals Inc
200 E Randolph #7938
Loop Station,IL23607
Har r ison, C.
P.O. Box 6367
Santa Barbara, CA 93160
J ami es on, E.
P.O. Box 20394
Oakland, CA 94620
Gei.?er, M.
5527 Citation Rd
Toledo, OH 43615
Neveleff, M. & F.
E. 61st St #803
New York, NY 10021
Phillips, L. & B.
P.O. Box 3735
Shreveport, LA 71103
Abeles, L. 7 E.
12555 BlscayneBl#936
N Miami, FL 33181
Amb1e r , K.
P.O. Box 1210
Manhattan Bch, CA 90266
Chitel, E.
2005 CostaDelMar Rd #627
Carlsbad, CA 92009
Buchinger, M. & E.
P.O. Box 75906
Los Angeles,CA 90075
Wilson, M.
c/o Florence Gurney
1376? Strawbry Circle
Penn Valley. CA 95946
Guer in, P.
1540 Carla Ridge
Beverly Hills,CA 90210
Art is, C.
c/o Florence Gurney
13767 Strawbry Cir
Penn Valley,CA 95946
Bienes, D.
141 Bay Colony Dr
Ft. Lauderdale, FL 33308
Swens k i, B. & M.
2426 Badajoz Pl #B
Carlsbad, CA 92009
Bradford, .M.
2005 CostaDelMar#634
Carlsbad, CA 92008
Lorber, A.
17908 S Figueroa St
Gardena, CA 90248
Llpman, A.
848 Manning
W.Los Angeles,CA 90024
Menchel, M.
2005 CostaDel.Mar Rd #638
Carlsbad. CA 92009
Brown, Z.
2005 CostaDelMar Rd
Carlsbad, CA 92009
S i rams , J .
#639 8454 EI Paseo Grande
La Jolla, CA 92037
J a m i e -s o n . E .
P.O. Box 2Uoy4
Oakland, CA 94H2U
Occupan t
yu."} Park
New York,
Ave
NY
#98
1 0 U 2 1 S
Levenson, R.
c/o Intrainet Corp.
4 3 7 Mad i s on .Ave
i\ e V/ York , NY 1 0 u 2 2
'Taij^*, S. & E.
1680* CostaDelMar Rd
Carlsbad, CA 92008
Sloan, L
1911 Valley
Wi nches t er,
Ave
VA 23607
D. Fiahbein Trust
1221 Ocean Ave #708
SantaMonica,CA 90401
Hose. B.
c / o iin'i'jytios ti
S\>K^nia? OH 4 3;jbU
Me i1o r, M.
1969 La Salle Ct
Walnut Creek.CA 94598
K1 e i n e r ma n , R .
2 564 Seahorse Ave
Ventura, CA 93001
Lees. L. & T.
2 00 3 Costa Del Mar
Carlsbad, CA 92009
Friedricks, M. & B.
45 Farm Lane
Great Neck, NY 11020
Falfle, H. «k R.
575 Easton Ave 19E
Somerset, NJ 08873
Mayer , E. & J .
2003 CostaDelMar #686
Carlsbad, CA 92008
Horwin 1983 Trust
1215 Beverly Dr
Beverly Hills. CA 9021:
Stern, H.
3111 Bel Air Dr #10H
Las Vegas, NV 89109
Simon. W. & A.
P.O. Bpx 2048
R.Santa Fe, CA 92067
Stern, H.
2003 CostaDelMar #690
Carlsbad, CA 92008
Oberman, P.
P.O. Box 2007
R.Santa Fe, CA 92067
Bel I. S. & R.
280 Eucalyptus St
Hillsborough, CA 94010
Cohane. H.
4589 White Cedar Ln
Del Ray Bch, FL 33445
Mancuso, K
205 Daystrom Ave
Archabald, PA 18403
Si 1ver, J. & L.
8045 Normec Ave
Miami Bch, FL 33141
Sudler, S.
75 Eisenhower Parkwy
Roseland, NJ 07068
Brookmire, E. &. B.
19707 NE 36th CT #6K
Miami, FL 33180
Pet ers, D. & E.
421 Birchwood RD
Hinsdale, IL 60521
Third La Costa HO Assoc
c/o Myron Menchel
2005 CostaDelMar Rd
Carlsbad, CA 92009
Laufer, L. & V.
5411 Louise Ave
Encino, CA 91316
Yuckman, E.
2005 CostaDelMar #602
Carlsbad, CA 92008
Lauf er.yv
5411/trq^$)^ Ave
E no, CA 91316
Madellda Co.
9315 Telegraph Rd
Pico Rivera,CA 90660
Apex Meat Co
43 2 0 Everett
Los An ?eles,
inc.
Ave
CA y 0 0 5 8
Albea Inc.
c/o Gary Logan
3o2 E Carson Ave
Las Vefi:as, NV 89101
Becker, A. & S.
Io650 Sclioenborn St
Sepulveda, CA 91343
Kaplan, J.
735 N 19th Ave
Phoenix, AZ 8 5009
Singer, J. <kA.
58 01 N Broadway #300
Oklahoma City,OK 73118
Pi ncus, L.
7505 E McCormick Pky
Scottsdale, AZ 8 5258
La ^Costa Hotei&Spa
C/0 Howaj'fl James
Costa Del Mar Rd
Carlsbad, CA 9 2 009
Leucad i a
Non-As se.
Wat evynTst
Pr oper t y
Community Bank
c/o Acct . Dept .
100 E Corson St
Pasadena, CA 91103
La Costa Shopping
c/o Luce Forward
4250 Exec.Sq #700
La Jolla, CA 92037
Ct
Macelhenny, B.
526 Via Sinuosa
Santa Barbara,CA
Chalfin, M. & B.
281 N Olde Mill Cir
93110 Indiannapolis,IN
46260
Meade, C. & W.
2550 Pacific Coast Hwy
Torrance. CA 90505
United College Of Bus
6690 Sunset Blvd
Los Angeles, CA 90028
Turner, F.
1570 Woodvale
Deerfield, IL 60015
Jerel 1 Inc
1365 Ketcal Row
DaUas. TX 7 5i:4'
Ginsberg, H. & J.
3717 Autumn Dr
Fort Worth,TX 76109
Robbins, B.
58 51 N Placita Del
Tucson, AZ 85718
Harrow, I. & H.
211 S Spalding Dr
Beverly Hills.CA 90212
Parker, W. & 0.
62 Deodar Ln
Bradbury, CA 91010
Lieblein, D. & R.
2003 CostaDelMar#661
Carlsbad.CA 92008
Fetter, J .
20245 W 12 MUe Rd #12
Southfleld, MI 48076
Shanon, M.
2003 CostaDelMar #662
Carlsbad, CA 92008
Schulman, G. & B.
11300 Weddington St
N.Hollywood, CA 91601
Shannon, M.
2003 CostaDelMar #665
Carlsbad, CA 92008
Schulman,
11300
N
Eder, T. & H.
434 S La Ci6nega#222
Los Angeles,CA 90048
J Byrne c5c As s oc .
P.O. Box 585086
Dallas, TX 75258
Shaltiel. M.
1901 Raymond DR
Nortbbrook. IL 60062
Winston &. Sons, Inc
7961 Eastern Ave
Silver Spring, MD
20910
Rose, B.
5580 Monroe St
Sylvania, OH 43560
Stunkel, S. & S.
c/o SES Properties
5963 La Place Ct #110
Carlsbad, CA 92009
Kojaian, M. & S.
5121 Deepwood Rd
Bloomfield Hills,
48013
Ml
T i ma n, E .
3600 Via Alcalde
Tucson, AZ 85718
De Bell is, J. & S.
44 Quail Hollow Dr
Henderson, NV 89014
Baumr ind, R.
2003 CostaDelMar#67
La Costa, CA 92009
L'a Cr-sza Hotei&&Da
' 21 b 0 C Cl s t a J J e I n a r Ra
Car i 5bad, CA 92009
4. 21b 124 19
La Cos e a riot el 2<Sp-i
3..b. 21b 123 03. OJ
La L oe ba Hoi; el ooa L s Li c a d 1 -i l-i a z t r D i s r .
jMon-Asssasec; Frooerty
216 124 05
Leuc a d i a W -a t e r Dist
5,1 216 122 lb
C: i:i iTi ;Ti unity B a |- k
c/o Acct. Dept
100 E Corson St
Pasadena, CA 91103
&, 216 124 02
La Costa Shopping Ctr
c / o L Ll c e F i:i r w a r d
4250 Exsc. Sq. #700
La Jolla. CA 92037
6. 1 216 124,
La Cost a^-SfTcipp inq Ctr
7. 216 124 01
La iJosta S+Topp i nq Ct
lb 210 (') 4
:-Da
10. '.:il6 :,L.10 U3 01
Macelhenny, B.
1 .a .b 1 ,n Ll o s .a
iant-a Barbara. CA 9311 <
11, 216 2ii:.' '.^'Z 0:
Chal Tin, rl. o;/ B.
2Sl N Olde r1ili >.
Indiannapolis,IN
4626(
12. 21 o 210 03 0:1
r-teads, C. :U IA).
2550 Pac 1 f ic ilioast "Hwy
i Cl r r ance, i.: A 9 '0 5 (j 5
13. 213. 210 03 04
United College Of Bu
6690 SLitiset; Blvd
Los Angeles. CA 9002
14. 216 210 03 05
Turner, F.
1570 Woodvai s
Deerfield, IL 6001
1 216 210 03 06
Jerel1 Inc
1365 Regal Row
Dallas, TX 75247
16. 216 210 03 07
iSinsberg, H. 2< J. y^
3717 Autumn Dr
Fort Worth,TX 76109
17. 216 210 03 OS
Robbins, B.
5851 N Placita Del C
Tucson, AZ 85718
18. 216 210 03 09
Harrow, I. ?< H.
211 3 Spalding Dr
Sever 1y Hills,CA 90212
19. 216 210 03 10
Parker, W. 2< 0.
62 Deodar Ln
Bradbury, CA 91010
20. 216 210 03 11
Lieblein, D. & R.
2003 CostaDelMar#661
Car 1sbad,CA 92008
21. 216 210 03 12 ^
Fetter. J.
20245 W 12 Mile Rd #12
Southfleld, nI 43076
24. 21b 210 OL
bh annon,
2003
-•A 92008
22. 216 210 03 13
Shanon, M.
2 0' 0 3 C: c s 15 D e 1 M a r #66:;
C: a r 1 s b a d . C A 92 'Ii O S
71
23. 216 210
be h Lll iTiaS
1 ISpJtr^^tfc^inqton ST
KHo11ywood, CA 91501
23. 216 210 03 14
Schulman, G. g< E-i.
11300 Weddington 3t
N.Ho11y wood,CA 91601
26. 216 210 03 17
Eder, T, g< H.
434 3 La Cieriega#222
Los Angeles,CA 90048
27. 216 210 03 13
J Byrne & Assoc.
P.O. Bo.x 585036
Dallas, TX 75258
23. 216 210 03
Shaltiel, M.
1901 Raymond DR
19
Northbi IL 60052
29. 215 210 03 20
Winston S< Sons, Inc
7961 Eastern Ave
Silver Spring, MD
20910
30. 216 210 03 21
Rose. B.
5530 I'lonroe 3t
SviVan1 a. UH 43560
31. 216 210 03 22
Stunkel. S. ?< S.
c/o SES Prooert 1
5965 La tlace Ct #110
Car 1 soa J ,: C-t '^'2'':''}':'
32. 216 210 03 23
Ko.jaian, rl. 3.
5121 D e e p w ill Cl a R d
Bloomrield Hills, rl I
33.-216 210 03 24
TKnan. £.
"3600'Via Alcalde
Tucson, AZ 35713
34. 216 210 03 25
De Bel lis, J. o< b.
44 Quail Hollow Dr
Henderson. NJ 89014
35. 216 210 03 26
Baumr ind, R.
2003 CostaDelMar#676
La Costa, CA 92009
3b. 216 210 03 27
Taub, S, S< E.
1680 CostaDelMar Rd
C: a r 1 E b a d , C A 92003
37. 216 210 03 28
Sloan, L
1911 Valley Ave
Winchester, VA
38. 216 210 03 29
D. Fishbein Trust
1221 Ocean Ave #708
Sant aMon i c a,CA 90401
39. 215 210 03 30
Rose, B.
c/o Burt Rose Ent,
5580 Monroe St
Sylvania, OH 43560
40. 216 210 03 31
Mel lor, M.
1969 La Salle Ct
Walnut Creek,CA 94598
41. 215 210 03 32
Kleinerman, R.
2564 Seahorse Ave
Ventura, CA 93001
42. 215 210 03 23
Lees, L. S< T.
2003 Costa Del Mar
Carlsbad, CA 92009
43. 216 210 03 34
Friedricks, M. &. B.
45 Farm Lane
Great Neck, NY 11020
44. 216 210 03 35
Faiffe, H. R.
575 Easton Ave 19E
Somerset, NJ 08373
45. 213 210 03 36
Maysr, E. 2< J.
2003 CostaDelMar #686
CCarlsbad, C A 920 03
4b. 216 210 03 37
Horwin 1933 TrLisr
1215 Beverly Dr
Beverly Hills, CA 9021:
47. 216 210 03 38
Stern, H.
3111 Bel Air Dr #10H
Las Vegas, NV 89109
48, 215 210 03 39
Simon, W. S< A.
P.O. Bp.v; 2048
R.Santa Fe, CA 92057
49. 215 210 03 40
Stern, H.
2003 CostaDelMar #590
Carlsbad, CA 92008
50. 215 210 03 41
Oberman, P.
P.O. Boy; 2007
R.Santa Fe, iCA 92057
51. 215 210 03 42
Bell, S. ?< R.
280 Eucalyptus St
Hillsbor ough, CA 94010
52. 215 210 03 43
Cohane, H.
4589 White Cedar Ln
Del Ray Bch, FL 33445
53. 215 210 03 44
Mancuso, K.
205 Daystrom Ave
Archbald, PA 18403
54. 215 210 03 45
Silver, J. S< L.
8045 Normec Ave
Miami Bch, FL 33141
55. 215 210 03 45
Sudler, S.
75 Eisenhower Parkwy
Roseland, NJ 07058
55. 215 210 03 47
Brookmire, E, S< B.
19707 NE 35th CT #6K
Miami, FL 33130
57. 216 210 03 48
Peters. D. S< E.
421 Birchwood RD
Hinsdale, IL 50521
58. 216 210 07
Third La ilM.sta HO Assoc
c/o Myron Menchel
2005 C:ostaDelMar Rd
Carlsbad, CA 92009
59. 216 210 01 01
Lau fer, L. 2< V.
5411 Louise Ave
Encino, CA 91316
60. 215 210 01 02
Yuckman, E.
2005 CostaDelMar #602
Carlsbad, CA 92003
51. 216 210 01 03
Lau fer, L. V.
5411 Lou 1se Ave
Encino, CA 91315
52. 215 210 01 04
Madelida Co.
9315 Telegraph Rd
P i c o R i ver a,CA 90550
63. 216 210 01 Ozi
Apey; Meat Co Inc.
4820 Everett Ave
Los Angeles, CA 90058
54. 216 210 01 06
Albea Inc,
c/o Gary Logan
302 E il'a • son Ave
Los Vegas, NV 39101
65. 215 210 01 07
Bee ker , A, .?< S.
15650 Schoenbcirn St
Sepulveda, CA 91343
66 216 2 1 L? '. OS
^•,a|5l.an, J.
735 N 19th Ave
Phoenix, AZ 35009
r^'^. 216 :-:lo 01 09
3 1 nger , J . A.
5301 N Broadway #300
0y:. I ah oma H: 11 y, 0K 73113
63. 215 210 01 10
Pincus, L.
7503 £ McCormick Pky
Scottsdale, AZ 35258
59. 215 210 Ul 11
a ener , M,
S1 'O 9 S a n F" e r n a n d C" R ci
P.O. Box 427
Sun Vallsv.CA 9135:2
70. 216 210 01 12
Cahn. K. £.
-'t 107 Stansbury Ave
Shl er m an O a k s, CH 914^1:3
71. 216 210 01 13
bai Cl m C' n , L: .
320O Sixth Ave
San Dieqo, Ca 92IOC
72. 21b 210 ca 14
Kaolan. J.
735 r4 19th Rva
r h-.j^n 1 .A . Mi. bbC^'Li 1
73. 216 :,:ilO C'l 15
10155 Co11 ins Ave
74. 216 2lCi C)l 16
Cheney. £.
2005 CostaDelMar#61
Carisbad, CA 92009
75. 216 210 01 17
Inverne. H.
123 Old Ci-r 1 stenLiren Rd
BoLirnemoLith Dorset England
76. 216 210 01 lb
iCoh en , R. '-k B.
5 Rivar Hollow
Finch, H. C. F.
JBGB Rentals Inc
20U E Randolph #~93S
Loop St-ation, IL
har rison, u.
P.O. Box 6367
Santa Barpar a, CA 93160
79. 2io 210 01 21
._i am 1 eson , E •
P.O. Box 20394
Uaklanc, CA 94520
30. 216 :.::iO Ol 22
Ge i qer, M.
5527 Citation Rd S
Toledo, OH 43515
81. 216 210 01 23
Neveleff, M. S< F.
E. 51st St #803
New York, NY 10021
82. 215 210 01 24
Phill ips, L. ?< B.
P.O. Box 3735
Shreveport, LA 71103
83. 216 210 01 25
Abeles, L. 7 E.
12555 BiscayneBl#935
N Miami, FL 33181
84. 215 210 01 26
Ambler, K.
P.O. Box 1210
manhattan E<ch, CA 90255
85. 215 210 01 27
Ch itel, E.
2005 C:ostaDelMar Rd #527
Carlsbad, CA 92009
86. 216 210 01 23
Buchinger, M. E.
P.O. Box 75906
Los Anqeles.CA 90075
37. 216 210 01 29
Wilson, M.
c/o Florence i3urney
13767 Strawbry C:ircle
Fenn Valley, CA 95946
38. 216 210 01 30
iBuerin, P.
1540 iCarla Ridqe
Bever1y Hills,CA 90210
39. 216 210 01 31
Ar t i s, C.
c/o Florence Gu r n e y
13757 Strawbry Cir
Penn Valley.CA 95946
90. 216 210 01 32
Bienes, D.
141 Bay Colony Dr
Ft. Lauderdale, FL 3330
91. 215 210 01 b3
Swensk i , B. M.
2425 Bada.joz Pl #B
Carlsbad, CA 92009
92. 215 210 01 34
Bradford, M.
2005 CostaDelMar#534
Carlsbad, CA 92008
93. 216 210 01 35
L C' r b e r , A.
17903 S. Fiqusroa 31
Gardena. CA 90243
94. 215 210 01 35
Llpman, M.
343 Manning
W.L.05 AnaElS'S.CA 900
95. 215 210 01 37
L C' r b s r , A.
3-. . 2 1
''1 e \~i '". '"I 'r
-•i.U'S i , ' a r r a Tf t o
?7. 216 21L: Ul
• r Cl v. n . _ .
>•':.. '.r., *-ill.. J. lia r Kd ~
1 S D a C . —) .f „^ • .' r•• —
rb. 2 :. c ..J 1 •.! :> '.
SiiTiTr.;. .:;•.
•3-^3. 21b 210 01 41
Jamieson, E.
P.O. Box 20394
Oakland, CA 94620
100. 216 210 01 42
Oc c Ltpant s
605 Park Ave #93
New York, NY 100213
101. 216 210 01 43
Levenson, R.
c/o Intramet Corp.
437 Madison Ave
New York, NY 10C22
102, 215 210 01 44
Bassett, T.
2005 Costa Del Mar #546
Carlsbad, CA 9200905
103. 215 210 01 4J
Levenson, R.
104. 216 210 01 46
Bassett, T.
17035 Ventura Bl#20b
Encino, CA 91315
105. 216 210 01 4":
L e V e n s o n , R.
106. 216 121 16
State of California
N o n - A s s esse d r o p e r t y
107. 216 122 01
State of California
Non-Assessed Prop.
RICK ENGINEERING
1959 PALOMAR OAKS WY
SUITE #200
CARLSBAD, CA 92009
^ 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 Carlsbad Village Drive (formerly Elm
Avenue), Carlsbad, Califomia, at 6:00 p.m. on Wednesday, April 17, 1991, to consider a
request for Special Use Permits and an amendment to a Conditional Use Permit to add a
parking lot to the existing hotel and spa resort located in the San Marcos Creek floodplain
and El Camino Real Scenic Corridor in the PC and RP Zones, and more particularly
described as:
Lot 3 La Costa Condominium Unit 4 and a Parcel of land being a portion of
Lot 14, Section 35, Township 12 South, Range 4 West, San Bernardino
Meridian in that City of Carlsbad, in the Cotmty of San Diego, State of
Califomia, according to the official plot.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report will be available on and after April 11, 1991. If you
have any questions, please call Anne Hysong in the Planning Department at 438-1161, ext.
4477.
If you challenge the Conditional Use Permit Amendment/Special Use Permits 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: CUP 258(B)/SUP 90-12/SUP 90-13
APPLICANT: LA COSTA HOTEL & SPA PARKING LOT
PUBLISH: APRIL 4, 1991
CITY OF CARLSBAD
PLANNING COMMISSION
LA COSTA HOTEL & SP^ LOT
CUP 258<B)/SUP 90-12/ SUP 90-13
•STATE OF CALIFORNIA PETE WILSON, Govemor
GOVERNOR'S OFFICE OF PLANNING AND RESEARCH
1400 TENTH STREET
SACRAMENTO, CA 95814
Apr 05, 1991
ANNE HYSONG
CITY OF CARLSBAD
207 5 LAS PALMAS DRIVE
CARLSBAD, CA 9 2009
Subject: LA COSTA HOTEL AND SPA PARKING LOT CUP 258(A)/SUP 90-12
SCH # 91031019
Dear ANNE HYSONG:
The State Clearinghouse submitted the above named environmental
document to selected state agencies for review. The review period is
closed and none of the state agencies have comments. This letter
acknowledges that you have complied with the State Clearinghouse review
requirements for draft environmental documents, pursuant to the
California Environmental Quality Act.
Please call Tom Loftus at (916) 445-0613 if you have
any questions regarding the environmental review process, When
contacting the Clearinghouse in this matter, please use the eight-digit
State Clearinghouse number so that we may respond promptly.
Sincerely,
David C, Nunenkamp
Deputy Director, Permit Assistance
Notice of Detefmination • 910312
To: _ Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814 ,
X County Clerk
County of San Diego
Attn: Mail Drop C-11
220 West Broadway
San Diego, CA 92101
From:
BY
City of Carlsbad
Planning Department
2075 Las Palmas Dr.
Carlsbad, CA 92009
(619) 438-1161
Project No.: CUP 258(B)/SUP 90-12/SUP 90-13
Filing of Notice of DeterminatioR in compliance with Section 21108 or 21152 of the Public ResouicesJGDde.
La Costa Hotel and Spa Parking Lot
Project Title
91031019 Anne Hysong (619) 438-1161. 4457
State Qearing^ouse Number
(If submitted to Clearinghouse)
Lead Agency
Contact Person
Area Code/Telephone/Extension
2100 Costa del Mar Road. Carlsbad. San Diego Countv. CA
Project Location (include county)
Project Description: Construction of a 500 space parking lot accessory to existing La Costa Hotel and
Spa resort in the floodplain.
This is to advise that the City of Carlsbad has approved the above described project on April 17,1991, and
has made the following determinations regarding the above described project.
1. The project will not have a significant effect on the enviromnent.
2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA
3. Mitigation measures were made a condition of the approval of the project.
4. A statement of Overriding Considerations was not adopted for this project
5. Findings were made pursuant to the provisions of CEQA.
This is to certify that the final Negative Declaration with comments and responses and record of project
approval are available to the General Public at THE CITY OF CARLSBAD.
"""^''^ JQ^
Date
PLANNING DIRECTOR
MICHAEL J. HOL TITLE
Date received for filing at OPR:
AH:vd
FILED IH TES 02?.nOiJ 'i* o.»....t.
SAITniscK)OCt:.aTz ''U' ^ ^1
POSTSD 5 (243L
RBIUBKBD TO AaaETG f UK Revised October 1989
IniSH 4.11-S2U0
F.A.\;i614)9.jl-1551
Transmittal Letter
To: Ann Hysong
Planning Dep,artment
Gity of Carlsbad
From:
Date:
Subject:
Job No:
How Sent:
.John Rick
March 8, 1991
LA COSTA PARKING LOT
11347-F
fj ADCOM LU UPS
Q Fed Express Q Mail
We are transmitting the following attached items:
it Items are not attactied as indicated, please notify us immediateiy
[n To Be Picked Up
1^ Delivery
• FAX
Q Other
No. of Copies Document Dale Description
8 Revised Site Plan
S Preliminary Landscape Plan
1 City Plan Check
1 Response to City Comments
1 Check $ 1275 . 00 (Fish § Game/ Mit. Neg. Dec)
Transmitted for: \X\ Approval
Q Your Use
I j As Requested
[~| Corrections
I I Review & Comment
I [ Action
I I Checking
•
•
Remarks: Ann - Pleaso place C, U. p./S. U. p. on next available Planning
Commission meeting.
Copy to: Paul Graham. La Costa Hotel and Spa H ""''^ enclosure Q without enclosure
(Site^nd Lands^pe Plan)
• •
rb
RE! 1 1 4 S9
.STATE OF CAUFORNIA-TIIE RESOURCES AGENCY 'r-r^nn^
M r d c DEI'^^'MENTI' OF FlSl I AND CiAME 0^ '
ENVIRONMENTAL ll^UMENT APPLICATION/FILING^.E
CASH RECEIPT
Lead Agency: GgC^ C-c ^TJL^^U,-^4 Date: X | ^ |
County/State Agency: ^cvrN 0<.tL^x:> Document No. '^l t03| 3L
Project Title: Lcc Cp&IZ^ j4t>CJH
Project Applicant:
CHECK ONE:
( ) Environmental Impact Report $850.00 $
(><) Negative Declaration $1,250.00 $ | S'O' OC^
( ) Application Fee Water Diversion (IValer Resources Control Board Only) $850.00 $
( ) Projects Subject to Certified Regulatory ProgamsfOfG A CDfO/i/yj $850.00 $
^) County Administrative Fee $25.00 $ jk. "^" O*^'
TOTAL RECEIVED $ I .g T sT- D Q
Q. >-^>-^ Vl'jc^.^ ^
r COPY-PROJECT APPLICAIvrr SECOND COPY-DFC./CEAB THIRD COPY-LEAD AOENCY FOURTH COPY-COUIvlTY
LAj COSTA HOTEL 8. SPA PARTNERSHIP, CARLSB^fcf A 92009
VOUCHER It INVOICE tt INVOICE DATE DESCRIPTION
™-002153
GROSS AWOUNT NEI AMOUNT
M--15i'-?91 PLAT^!S/FEE 127';.. 00
061- ?^0^3236-X^fy^
VENDOR NO
i3(:i;.'n 127D 00 0- 00
1959 Palomai Oak.s Way
Suite 200
Carlsbad.CA 92009
(619)431-8200
FAX:(6I9)9.31-15.S1
RICK ENGINEERING COMPANY
Transmittal Letter
To: Ann Hysong
Planning Department
(Sity o£ Carlsbad
From:
Date:
Subject:
Job No:
How Sent:
John Rick
March 8, 1991
LA COSTA PARKING LOT
11347-F
Q ADCOM Q UPS
I I Fed Express |^ Mail
We are transmitting the following attached items:
If items are not attactied as indicated, please notify us immediately
I I To Be Picked Up
|")(| Delivery
• FAX
Q other
No. of Copies Document Date Description
8 Revised Site Plan
8 Preliminary Landscape Plan
1 City Plan Check
1 Response to City Comments
1 Check $1275.00 (Fish § Game/ Mit. Neg. Dec.)
Transmitted for: [X] Approval
I I Your Use
I I As Requested
I I Corrections
I I Review & Comment
I I Action
I I Checking
•
•
Remarks: Ann - Please place C . U. P ./S. U. P. on next available Planning
Commission meeting.
c°py Paul Graham, La Costa Hotel and Spa Ix] enclosure Q without enclosure
(Site|_^nd Lands^pe Plan)
• •
rb
RE111 4/89
NOTICE OF COMPLETION ^
Mail to: State Clearinghouse, KOOTen^^^i meet, Rm. 121, Sacramento, CA 958H - 916/
Project Title: La Costa Hotel and Spa Parking Lot - CUP 258(A)/SUP 90-12/SUP 90-13
Lead Agency: Citv of Carlsbad Contact Person: Anne Hysong
Street Address: 2075 Las Patinas Drive Phone: (619) 438-1161
City: Carlsbad Zip: 92009 County: San Diego
To SeV» 3-|-cj|
See NOTE Belou:
SCH «
PROJECT LOCATION:
County: San Diego City/Nearest Conmunity: Carlsbad
Cross Streets: El Camino Real/La Costa Avenue Total Acres:
Assessor's Parcel No. 216-123-05/217210-04 Portion of 216-123-06 Section: 35 Twp. T12S Range: R4W Base:
Within 2 Miles: State Hwy #: 1-5 Waterways: San Marcos Creek
Ai rports: RaiIways: Schools:
DOCUMENT TYPE
CEQA: NOP
Early Cons
Neg Dec
Draft EIR
Supplement/Subsequent
EIR (Prior SCH No.) _
Other _S|
NEPA: NOI
EA
Draft EIS
FON SI
OTHER: Joint Docunnent
Final Document
Other
LOCAL ACTION TYPE
General Plan Update
General Plan Amendment
General Plan Element
Community Plan
Specific Plan
Master Plan
Planned Unit Development
Site Plan
Rezone
Prezone
X Cond. Use Permit Amend.
Land Division (Subdivision,
Parcel Map, Tract Map, etc.)
Annexation
Redevelopment
Coastal Permit
X Other Special
Use Permit
DEVELOPMENT TYPE
Residential:
Office:
Commercial:
Industrial:
Educational
Recreational
Units _
Sq. Ft.
Sq. Ft.
Sq. Ft.
Acres
Acres
Acres
Acres
Employees
Employees
Employees
Water Facilities:
Transportation:
Mining:
Power:
Waste Treatment:
Hazardous Waste:
X Other: Addition of
Type
Type
Mineral
Type
Type
Type
MGD
Watts
hotel resort.
a parking lot to an existing
PROJECT ISSUES DISCUSSED IH DOCUMENT
Aesthetic/Visual
Agricultural Land
Air Quality
Archaeological/Historical
Coastal Zone
X_ Drainage/Absorption
Economic/Jobs
Fiscal
Flood Plain/Flooding
Forest Land/Fire Hazard
Geologic/Seismic
Minerals
Noise
Population/Housing Balance
Public Services/Facilities
Recreation/Parks
Schools/Universities
Septic Systems
Sewer Capacity
Soil Erosion/Compaction/Grading
Solid Waste
Toxic/Hazardous
Traffic/Circulation
Vegetation
Water Quality
Water Supply/
Ground Water
Wetland/Riparian
Wildlife
Growth Inducing
LarKluse
Cumulative Effect
Other
Present Land Use/Zonino/General Plan Use
Hotel/Resort/Zone: C-2 (Commercial)/General Plan: RC (Recreation Commercial)
Project Description
NOTE: Clearinghouse will assign identification numbers for all new projects,
from a Notice of Preparation or previous draft document) please fill it in.
If a SCH number already exists for a project (e.g.
Revised October 1989
AH: km
%
Citv of Carlsbad
Plannii-iQ Department
CONPrnONAL 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 public are invited. Please submit comments in writing to the Planning Department
within 30 days of date of issuance. If you have any questions, pleas^^U Anne Hysong in
the Planning Department at 438-1161, extension 4457.
DATED: MARCH 7, 1991
/(f^j^AEj/j. HOLZMi;i.ER
CASE NO: CUP 258(A)/SUP 90-12/SUP 90-13 ^ Planniag Director
APPLICANT: LA COSTA HOTEL AND SPA
PUBLISH DATE: MARCH 7, 1991
AH:kin
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART U
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. CUP 258(A)/SUP 90-12/SUP 90-13
DATE: FEBRUARY 26. 1991
BACKGROUND
1. CASE NAME: La Costa Hotel & Spa Parking Lot
2. APPLICANT: La Costa Hotel & Spa
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2100 Costa Del Mar Road
Carlsbad. CA 92009
4. DATE EIA FORM PART I SUBMITTED: September 26. 1990
5. PROJECT DESCRIPTION: Special Use Permits and an Amendment to a Conditional Use
Permit to allow the construction of a 500 space employee parking
lot within the San Marcos Creek flood plain.
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an Environmental Impact
Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact
Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological
and human factors that might be impacted by the proposed project and provides the City with information to use as the
basis for deciding whether to prepare an Environmental Impact Report or Negative Declaration.
* A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its
aspects may cause a significant effect on the environment. On the checklist, "NO" will be checked to indicate this
determination.
* An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the project may
cause a significant effect on the environment. The project may qualily for a Negative Declaration however, if
adverse impacts are mitigated so that environmental effects can be deemed insignificant. These findings are shown
in the checklist under the headings "YES-sig" and "YES-insig" respectively.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under
DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for
impacts which would otherwise be detennined significant.
PHYSICAL ENVIRONMENT
%
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES
(sig)
YES NO
(insig)
1. Result in unstable earth conditions or
increase the exposure of people or property
to geologic hazards?
2. Appreciably change the topography or any
unique physical features?
3. Result in or be affected by erosion of soils
either on or off the site?
4. Result in changes in the deposition of beach
sands, or modification of the chaimel of a
river or stream or the bed of the ocean or
any bay, inlet or lake?
5. Result in substantial adverse effects on
ambient air quality?
6. Result in substantial changes in air
movement, odor, moisture, or temperature?
7. Substantially change the course or flow of
water (marine, fresh or flood waters)?
8. Affect the quantity or quality of surface
water, groimd water or public water supply?
9. Substantially increase usage or cause
depletion of any natural resources?
10. Use substantial amoimts of fuel or energy?
11. Alter a significant archeological,
paleontological or historical site,
stmcture or object?
X
BIOLOGICAL ENVIRONMENT
%
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(sig) (insig)
12. Affect the diversity of species, habitat
or numbers of any species of plants (including
trees, shmbs, grass, microflora and aquatic
plants)?
13. Introduce new species of plants into an area,
or a barrier to the normal replenishment of
existing species?
14. Reduce the amount of acreage of any
agricultural crop or affect prime, unique
or other farmland of state or local
importance?
15. Affect the diversity of species, habitat
or numbers of any species of animals (birds,
land animals, all water dwelling organisms
and insects? X_
16. Introduce new species of animals into an
area, or result in a barrier to the
migration or movement of animals? X_
HUMAN ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(sig) (insig)
17. Alter the present or plaimed land use
of an area? X
18. Substantially affect public utilities,
schools, police, fire, emergency or other
public services? X
-3-
HUMAN ENVIRONMENT
%
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES
(sig)
YES
(insig)
NO
19. Result in the need for new or modified sewer
systems, solid waste or hazardous waste
control systems?
20. Increase existing noise levels?
21. Produce new Ught or glare?
22. Involve a significant risk of an explosion
or the release of hazardous substances
(including, but not limited to, oil,
pesticides, chemicak or radiation)?
23. Substantially alter the density of the
human population of an area?
24. Affect existing housing, or create a demand
for additional housing?
25. Generate substantial additional traffic?
26. Affect existing parking facilities, or
create a large demand for new parking?
27. Impact existing transportation systems or
alter present pattems of circulation or
movement of people and/or goods?
28. Alter waterbome, rail or air traffic?
29. Increase traffic hazards to motor
vehicles, bicyclists or pedestrians?
30. Interfere with emergency response plans or
emergency evacuation plans?
31. Obstruct any scenic vista or create an
aesthetically offensive public view?
32. Affect the quaUty or quantity of
existing recreational opportunities?
X
X
X
JL
JL
X
MANDATORY FINDINGS OF SIGNIFICANCE
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(sig) (insig)
33. Does the project have the potential
to substantially degrade the quality
of the environment, substantially
reduce the habitat of a fish or wild-
life species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or en-
dangered plant or animal, or eUminate
important examples of the major periods
of CaUfomia history or prehistory. X
34. Does the project have the potential
to achieve short-term, to the cUs-
advantage of long-term, environmental
goals? (A short-term impact on the
environment is one which occurs in a
relatively brief, definitive period of
time while long-term impacts will
endure well into the future.)
35. Does the project have the possible
environmental effects which are in-
dividually limited but cumulatively
considerable? ("Cumulatively con-
siderable" means that the incremental
effects of an individual project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and
the effects of probable fliture projects.) X
36. Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly? _JL
DISCUSSION OF ENVIRONMENTAL EVALUATION
Phvsical Environment
1-3. The proposed site is a previously graded flat parcel requiring an approved grading pennit which will
preclude any unstable earth conditions. No geologic hazards are located on site.
7. The parking lot wiU be constmcted within the Umits of the 100 year floodplain, however, no stmctures
are proposed and the proposed grading vnll actually reduce the area of 100 year flood inundation. The
hydraulic analysis performed by Rick Engineering Company indicates no substantial change to the flow
of flood waters wiU result from this project.
8. Proposed drainage consists of a 280' grassy swale firom each end of the parking lot leading to a
discharge into San Marcos Creek. This system is designed to meet the requirements of the National
Pollutants Discharge Elimination System Permit and should reduce any adverse impact to water quality
in San Marcos Creek.
Biological Environment
The proposed parking lot is located on a previously graded and denuded site surrounded by the existing La
Costa development and its constmction will create no significant adverse impact, however, the addition of
the parking lot requires an amendment to the La Costa Hotel & Spa concUtional use permit. Because some
of the resort's faciUties are located adjacent to San Marcos Creek within the floodplain, periodic removal of
vegetation (CaUfomia Bulmsh) under the bridge which interfere with drainage is necessary to protect the
resort from flooding. The recent removal of vegetation along the sides and bottom of the creek east of the
bridge has resulted in the reduction of Tules (Califomia Bulmsh) and increased the erosion/sedimentation
potential. Required mitigation to reduce this impact to a level of insignificance includes a revegetation plan
comprised of species native to the general area and characteristicaUy occurring in a wetland habitat.
-6-
%
ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS:
a) Phased development of the project,
b) altemate site designs,
c) altemate scale of development,
d) altemate uses for the site,
e) development at some future time rather than now,
f) altemate sites for the proposed, and
g) no project altemative.
a) The proposed parking lot will add required parking to an existing commercial resort, therefore,
phasing development is not a viable altemative.
b) The 500 space parking lot has been reviewed for compUance with Engineering standards and zoning
requirements regulating parking staU size and aisle width. Landscaping has been required to
enhance the parking lot which is accessed from a private drive. The proposed design meets all City
standards for parking lot design.
c) The scale of development is required to provide additional parking for the commercial resort. The
parcel is adequate to accommodate the parking lot and landscaped setbacks with minimal grading.
d) The site is located in the San Marcos Creek floodplain which requires the approval of a Special Use
Permit prior to development. The proposed parking lot includes no stmcture and does not change
the flow of flood waters; therefore, any altemate use requiring a stmcture is less desirable than the
proposed use due to its potential impact to the floodplain,
e/g) The proposed site is a part of a large commercial resort. The lot was graded and denuded and has
remained undeveloped during various development projects at the resort. Current City parking
standards for hotels require substantially more parking than currently exists at the La Costa resort;
therefore, delaying the 500 space parking lot to a future date is not a viable altemative.
f) The La Costa resort is almost entirely developed with the exception of two future parking lots. The
proposed site is the only remaining area sufficient in size to accommodate a 500 space parking lot
necessary to bring the hotel resort into conformance with current parking standards. Surrounding
sites close enough to provide parking to resort users have already been developed; therefore,
altemate sites are not available to accommodate the proposed use.
g) As previously stated, the no project or delayed project altematives are rejected due to the need for
additional parking to accommodate the existing hotel resort.
-7-
DETERMINATION (To Be Completed By The Planning Department)
On the basis of this initial evaluation:
%
I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared.
I find the proposed project COULD NOT have a significant effect on the environment, because the
environmental effects of the proposed project have already been considered in conjunction with
previously certified environmental documents and no additional environmental review is required.
Therefore, a Notice of Determination has been prepared.
I find that although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because the mitigation measures described on an attached
sheet have been added to the project. A Conditional Negative
Declaration will be proposed.
I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is requked.
Date
3-/- f/
Date
AH:rvo:km
LIST MITIGATING MEASURES CIF APPLICABLE)
Prior to approval of gracUng pennit, the appUcant shall revegetate the creek area where vegetation has been
removed v^dth the foUowing native hydroseed mix or comply with the Department of and Game permit
requirements for revegetation if a pennit is required.
Native Hydroseed Mix
Artemisia douglasiana Mugwort
Elymus triticoides Beardless Wild Ryegrass
Stipa lepida FoothiU Stipa
Stipa pulchra Purple Stipa
Bromus carinatus Califomia Brome
Phalaris lemmonmi Lemon Canary Grass*
Rumex fueginus Golden Dock
Scirpus califomicus Califomia Bulmsh
Sciipus robustus BuU Tule
*Make sure non-native species of Canary Grass are not used. These species are invasive
-8-
%
APPLICANT CONCURRENCE WITH MITIGATING MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES
AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECH".
Date Signature
-9-
PROJECTNAME: La Costa Hotel & Spa Parking Lot
APPROVAL DATE: March 7. 1991
FILE NUMBERS: CUP 258(A)/SUP 90-12. 13
EIR OR CONDITIONAL NEG. DEC: Conditional Negative Declaration
The foUowing environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified
environmental impacts to a level of insignificance. A completed and signed checkUst for each mitigation measure indicates that this mitigation
measure has been compUed with and implemented, and fulfiUs the City's monitoring requirements with respect to Assembly BiU 3180 (PubUc
Resources Code Section 21081.6).
Mitigation Measure
Monitoring
Type
Monitoring
Department
Shown on
Plans
Verified
Implementation Remarks
Revegetation of San Marcos Creek along
creek sides within area of vegetation
removal with hydroseed mix specified under
mitigation measures of EIA Part II.
Project Planning Revegetation required
prior to issuance of
grading pennit.
Explanation of Headings
Type = Project, ongoing, cumulative.
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure.
Shown on Plans = When mitigation measure is shown on plans, this colunm wiU be initialed and dated.
Verified Implementation = When mitigation measure has been implemented, this column wiU be initialed and dated.
Remarks = Area for describing status of ongoing mitigation measure, or for other information.
RD-AppendxP AH:rvo
CUP258A.MON
CASE Ny 3 P m '^6>"/ Z ri~^
DATE: i-2^V-y/
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I
(To be Completed by APPLICANT)
Applicant: La Costa Hotel and Spa (Paul Graham') ^
Address of Applicant: 7.1 nn Cn^ta DPI Mar Rnad
Carlsbad, California 92009
Phone Number: (619 ) 458-9111
Name, address and phone number of person to be contacted (if other than
Applicant): Rick Engineering Company. 1959 Palomar Oak.s Wav,
Suite 200, Carlsbad, California 92009 (619) 431-8200
GENERAL INFORMATION: (Please be specific)
Project Description: Relocate employee parking lot
Project Location/Address: La Costa Hotel and Spa rSe^ ahnvp)
Portion of 216-123-06
Assessor Parcel Number: 216 - 123 - 05. 216-210-04
Recreation Planned
General Plan/Zone of Subject Property: Commercial / CoTnmnnity 7nnp
Local Facilities Management Zone: Zone 6
Is the site within Carlsbad's Coastal Zone? No
Please describe the area surrounding the site to the
North: Camino Del Mar Road East: Tennis rnnrts
South: San Marcos Creek West: F.l Camino Beai
List all other applicable permits & approvals related to this project:
The La Costa Hotel and Spa has eyisting ii.;e p^-rmitc
A grading permit' application will be processed subsequent or
concurrent with the S.U.P. 2
m •»
It^f^ic. Attach Additional Pages o^illh (Please be Sc^pPric. Attach Additional Pages orlPhibits, if necp«:«;arY)
1. Please describe the project site, including distinguishing natural and
manmade characteristics. Also provide precise slope analysis when a slope
of 15' or higher and 15% grade or greater is present on the site.
No slope analysis is necessary.
Please describe energy conservation measures incorporated into the design
and/or operation of the project.
Not applicable for a parking lot.
3. . PLEASE AHACH A PROJECT SUMMARY SHEET WHICH SHOWS THE FOLLOWING:
a. If a residential project identify the number of units, type of units,
schedule of unit sizes, range of sale prices or rents, and type of
household size expected, average daily traffic generation (latest SANDAG
rates). .
N/A
b. If a commercial project, indicate the exact type, activity(ies),
square footage of sales area, average daily traffic generation
(latest SANDAG rates), parking provided, and loading facilities.
510-space employee parking lot relocation within an
existing commercial health resort. No increased ADTs
involved.
c. If an industrial project, indicate the exact type or industry(ies),
average daily traffic generation (latest SANDAG rates), estimated
employment per shift, time of shifts, and loading facilities.
N/A
If an institutional project, indicate the major project/site
function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the
project.
N/A
ENVIRONMENTAL IMPACT ANALYSIS
Please Answer each of the following questions by placing a check in the
appropriate space. Then, fully discuss and explain why each item was
checked yes or no. Provide supporting data if applicable. Attach
additional sheets as necessary.
YES NO
1) Could the project significantly impact or change
present or future land uses in the vicinity of the
activity?
EXPLANATION: The employee parking lot located
within the hotel property will not affect
any nearby land uses.
2) Could the activity affect the use of a recreational
area, or area of aesthetic value?
EXPLANATION: The employee parking lot is
located next to the hotel's recreational
area with tennis courts but they should
not be affected.
3) Could the activity affect the functioning of an
established community or neighborhood?
EXPLANATION: The facility is located within
the larger hotel grounds. It will not
affect any local neighborhoods.
4) Could the activity result in the displacement of
community residents?
EXPLANATION: Proiect will not affect any
residential uses.
YES HQ
5) Could the activity increase the number of low and
moderate cost housing units in the city? X
EXPLANATION: Proiect will not affect any
residential uses.
6) Could the activity significantly affect existing
housing or create a demand for additional housing?
EXPLANATION: Proiect will not affect any
residential uses or housing.
7) Are any of the natural or man-made features in the
activity area unique, that is, not found in other
parts of the county, state or nation?
EXPLANATION: .San Marcos CreeV is located
sniitherly of the ar.tivity area but the
rreelc is not, a unique feature of the area.
8) Could the activity significantly affect an
historical or archaeological site or its settings?
EXPLANATION: The activity area is surrounded
hy an existing resort and commercial district.
The lot was previously graded and the pad
was created as part of the resort construction,
9) Could the activity significantly affect the
potential use, extraction, or conservation of a
scarce natural resource?
EXPLANATION: The proiect does riot propose
to affect with any significance any
established natural resources.
% YES NO
10) Could the activity significantly affect fish,
wildlife or plant resources?
EXPLANATION: Due to existing surroundings'and.: -
associated activities, the activity would not
significantly affect fish, wildlife or established
plants. The site was already graded and is primarily
surrounded by a developed recreational area,
11) Are there any rare or endangered plant or animal
species in the activity area? X_
EXPLANATION: San Marcos Creek is south of the
proiect area. The proiect does not propose
any modification to the creek.
12) Could the activity change existing features cf any
of the city's stream, lagoons, bays, tidelands
• or beaches?
EXPLANATION: Ihe activity will not impact the City's
stream, lagoons, bays, tidelands or beaches. The
closest waterway is San Marcos Creek but it should
not be affected by this project.
13) Could the activity result in the erosion or elimin-
ation of agricultural lands?
EXPLANATION: The site was disturbed by grading of
the pad. No agricultural uses existed. The site
is flat, but standard erosion control measures will
be satisfied in project construction.
14) Could the activity serve to encourage development
of presently undeveloped areas or intensify develop-
ment of already developed areas?
EXPLANATION: The employee parking lot will
accommodate existing- uses" wi th-Tn :the"resntt.
It will not affect local development.
# %
15) Will the activity require a variance from estab-
lished environmental standards (air, water, noise,
etc.)?
EXPLANATION: Erosion will not nrrnr in the rreeV
due to this activity. Hrosinn rnntrol measures wil
be used per the Citv of Carlsbad Crarling Ordinanre.
Noise impact will be temporary condition during the
construction phase.
16) Is the activity carried out as part of a larger
project or series of projects?
EXPLANATION: This application is for the SUP and
CUP Amendment for the employee parking lot to the
resort. It is not part of a series of ongoing
projects although it is part of the previously"
developed resort.
17) Will the activity require certification, authoriza-
tion or issuance of a permit by any local, state
or federal environmental control agency?
EXPLANATION: Caiifornia Fish and Game 1603
agreement and Army Corps 404 permit should not be
required since stream will not be altered due to
this activity because of its limited size and
impact.
18) Will the activity require issuance of a variance or
conditional use permit by the City?
EXPLANATION: CUP 258 will need to be amended. A
special permit is filed due to the location in
a floodplain but no variance is required.
19) Will the activity involve the application, use, or
disposal of potentially hazardous materials?
EXPLANATION: The activity will not involve
application, use or dispose of potentially
hazardous materials.
YES NO
% - Y£S NO 20) Will the activity involve construction of facilities
in a flood plain? x
EXPLANATION: The employee parking lot is within the
limits of the lOO-vear Flood Innundation.
21) Will the activity involve construction of facilities
in the area of an active fault? X_
EXPLANATION:
The site is not within an area of active
faults, The nearest fault is Rose Canyon
nearly 8 miles away.
22) Could the activity result in the generation of
significant amounts of dust? x
EXPLANATION: .standard Hnst and ernsinn
rnntrnl" measures will he used in rnnstnirti nn .
23) Will the activity involve the burning of brush,
trees, or other materials?
EXPLANATION: No burning will be associated
with construction of the facility.
24) Could the activity result in a significant change
in the quality of any portion of the region's air
or water resources? (Should note surface, ground
water, off-shore.)
EXPLANATION: Erosion Control Measures will
be adhered to per City of Carlsbad Grading
Ordinance. Air quality should not he affected,
YES
25) Will the project substantially increase fuel
consumption (electricity, oil, natural gas, etc.)?
EXPLANATION: Not applicable to a parking int
NQ
25) Will the activity involve construction of facilities
on a slope of 25 percent or greater?
EXPLANATION: No slopes nf nr greater
exist on the site
27)
28)
Will there be a significant change to existing land form?
(a) Indicate estimated grading to be done in
cubic yards: 13. 300
(b) Percentage of alteration to the present land form: 5%*
(c) Maximum height of cut or fill slopes:
4-foot fill slope
'a 5.7 acre pad is
altered within the
112-acre parcel.
EXPLANATION: The site will-he lowered an
average 2.5 feet due to the lOO-year
innundation limits of the area.
Will the activity result in substantial increases
in the use of utilities, sewers, drains or streets?
EXPLANATION: No additional improvements will
be required tn develnp the employee parVing
lot.
29)
30)
31)
% YES
Will the project significantly increase wind or
water erosion of soils?
EXPLANATION: Erosion control measures per
City Grading Ordinance win mitigate ernsinn
There will be no impact on wind resources.
/
Could the project significantly affect existing
fish or wildlife habitat?
EXPLANATION: Due to existing surroundings and
associated activities, the project will not
significantly affect existing fish or wildlife.
There is no significant wildlife onsite and the fish
habitats in San Marcos Creek will not be affected.
Will the project significantly produce new light
or glare?
EXPLANATION: Project will not produce any
significant light or glare^
NO
10
II. STATEMENT OF ji^IGNIFICANT ENVIRONMENTAL EFFEC^^
If you have answered yes to any of the questions in Section I but think
the activity will have no significant environmental effects, indicate your
reasons below:
#11
San Marcos Creek is directly south of the proposed parking lot. The
project does not propose infringing on the established plant life on
the stream bed. It may be possible that because of wind-carried seeds,
some plants have sprouted in the lot area. This area would be inhospitable
to the kind of habitate of the mother plants.
#20
The employee parking lot will be constructed within the limits of the
lOO-year flood innundation. The proposed project actually improves the
hydrolic nature of the El Camino Real undercrossing in a flood. See the
hydrology report, dated 9/18/90, submitted with this application.
#18
A Conditional Use Permit (CUP 258) exists for the La Costa Hotel and Spa
which will require an amendment. This will not have a significant
environmental effect.
III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I
(If additional space is needed for answering any questions, attach
additional sheets as needed.)
/I
Signature
(Person Completing Report)
Date Signed ^-^^.^ <^CS>. /^'^c:> /-/o-?/
Instruct.eia
LBS:lh •
11
•
PROJECT REVIEW
On March 25, 1992, CUP 258(B), LA COSTA HOTEL EMPLOYEE PARKING, was reviewed
(date) (project number) (project name)
for compliance with the conditions contained therein.
1) The project was found to be in compliance with all the conditions of
Resolution No. 3ll^j and no further action was taken.
u<fj i^'?
2) The project was found to be in violation of Condition of Resolution No.
and the following actions have been taken:
COMMENTS: THE PROJECT HAS NOT BEEN BUILT YET. THE LOT IS STILL VACANT.
c: Erin Letsch
DR:lh
DAVID RICK
Planning Technician
CITY OF CARLSBAD Project Id :
ENGINEERING DEPARTMENT
COMPLETENESS CHECKLIST FOR : Floodplain Special Use Permits
The following checked items were incomplete or missing from the
site plan or application package and must be completed or
submitted prior to further Engineering review of the project:
I. GENERAL INFORMATION:
Name address and telephone number of the owner/developer and registered Civil
Engineer who prepared the plan.
/,/ Z. North Arrow and scale.
Zi£ C. Date of Preparation and revision dates.
II. SITE INFORMATION:
A. General
1. Approximate location of existing and proposed buildings and permanent
structures.
/y 2. Location of major vegetation.
±Zt^^'^ 3. Location of railroads.
Lt^ 4. Bearings and distances along each boundary line.
-tdz''^^ 5. Interior lot lines with approximate dimensions.
-l—h 7///1 6. Materials storage areas.
B. Streets and Utilities
1. Location width and name of all existing and proposed streets and
alleys within and adjacent to the project site.
LtL 2. Width, location and use of all existing and proposed easements within
ind adjacent to the project site.
1£L 3. Location of all existing and proposed utilities.
C. Grading and Drainage
Ltf^~ 1- Approximate existing and proposed contours at 1 foot intervals for slopes
less than 5%, 2 foot intervals for slopes between 5% and 10% and 5 foot
intervals for slopes exceeding 10%. Extend contours sufficiently out
_ from the site to adequately show the adjacent floodplain.
I M\ 2. Earthwork volumes: cut, fill, import and export.
Ux^ 3. Location width and/or size of all watercourse and drainage facilities
_ within and adjacent to the proposed project.
114^ 4. Clearly show and label the 100 year flood line for the before and after
development condition. sf}a>H^h //^7> ^ /^d-P
ZJZ 5. Indicate proposed elevation in relation sea level of the lowest
, floor (including basement) of all structures.
'tlir/f/fi 6. In Fema Zone AO or VO show elevation of highest adjacent grade
and proposed elevation of owest floor of all structures.
'•i=L'H//i 7. Show proposed elevation in relation to mean sea level to which any
structure will be f1oodproofed.
m 2, Two copies of all required certifications listed in Section 21.110.150(4) of
the Municipal Code signed and sealed by a registered
Civil Engineer.
/'r~3.^/l' One copy of an 8 1/2" x 11" site plan.
y-7^/^/rt One copy of an 8 1/2" x U" location map (suggested scale 1" = 200").
/U^'l. Two sets of the hydrology and hydraulic calculations. Include HEC-1 and HEC
-2 computer printouts with appropriate annotations to clarify readouts.
lj± 6. Two sets of olans showing the back water profile and floodway cross sections.
-77 '14. For projects with an average daily traffic (ADT) generation rate greater
/ than 500 vehicles per day:
Two (2) copies of a Circulation Impact Analysis for the project. The
analysis must be prepared by an appropriate registered Engineer. The
analysis must show project impacts to all intersections and road segments
identified as impacted within the included Local Facilities Management
Plan, The following should be included with the study:
a) 8 1/2" X ir or 8 1/2" x 14" plats showing zone impacted
roads, background and project AM and PM peak hour impacts
and traffic distribution,
b) Project traffic generation rates
c) Necessary calculations and or analysis to determine
intersection and road segment levels of service,
d) Any proposed mitigation requirements to maintain the public
facility standards.
CITY OF CARLSBAD Pr^^ct Id : ^ Uf'
ENGINEERING DEPARTMENT '
COMPLETENESS CHECKLIST FOR :
Conditional use permits, condoininium permits, master
plans, planned development permits, planning commission
determinations, redevelopment permits, non-floodplain special
use permits, specific plans and site development plans.
The following checked items were incomplete or missing from the
site plan or application package and must be completed or
submitted prior to further Engineering review of the project:
I. General Information
iTl A, Name, address and telephone number of the applicant, owner and
Engineer or Architect who prepared the plan.
/!// B, North arrow and scale.
///^ C. Vicinity map showing major cross streets.
D. Date of preparation/revisions.
Lnl E. Project Name and Application Types submitted.
UJ' F, Name of sewer, water and school districts providing service
_ ^ to the project.
LtL^ G. All facilities labeled as "existing" or "proposed".
UJ^ H. A summary table of the following:
1. Street address and assessors parcel number.
/ f/f I. Site acreage.
Ui. 3, Existing zone and land use.
/7 4. Proposed land use.
-yt/ - 5. Total building coverage.
/6. Building square footage.
1(4 ^ 7. Percent Landscaping.
Tv 8. Number of parking spaces required/provided.
7^-/'-/^-^' 9. Square Footage of open or recreational space (if applicable).
/~7'"^^'(/A / 10. Cubic footage of storage space (if applicable).
—2^ :'^ 7ypi< 11. Average Daily Traffic generated by the project broken down by
separate uses. Reloc-aJ^i^/^^ cj,:/sf f^^- /<y /^/^
II. Site Information '^'^ ^i.^
A. General
/Vf 1. Approximate location of existing and proposed buildings and
^ permanent structures on site and within 100 feet of site.
I'-j' > , 2. Location of all major vegetation showing size and type.
rr^^^^./r 3. Location of railroads.
/ Y 4. Bearings and distances of each exterior boundary line.
/-y 5.- Distance between buildings and/or structures.
I'-i"6. Building set backs (front, side and rear).
M J 7. Location, height and materials of walls and fences.
±±-'^/^ 8, Location of free standing signs.
street a.
1.
2,
3,
UL
UL- ''V^
4,
5.
6.
ul^ 7,
uL f///^
UL /
8.
9.
10
i^pjtilities
The location, width and proposed name of all streets within and
adjacent to the proposed project. Show street grades and
centerline radi i.
Name, location and width of existing adjacent streets and
alleys, Include medians and adjacent driveway locations.
Typical street cross sections for all adjacent and streets
within project.
Width, location, and use of all existing and/or proposed public
or private easements.
Public and private streets and utilites clearly identified.
Show distance between all intersections and medium and high
use driveways.
Clearly show parking stall and isle dimensions and truck
turning radii for all parking areas.
Show access points to adjacent undeveloped lands.
Show all existing and proposed street lights and utilities (sewer,
water, major gas and fuel lines, major electric and telephone
facilities) within and adjacent to the project.
Show location of all fire hydrants within 300 feet of site.
Grading and Drainage
1. Approximate contours at I' intervals for slopes less than 5%, 2'
intervals for slopes between 5% and 10%, and 5' intervals for
slopes over 10% (both existing and proposed). Existing and
proposed topographic contours within a 100 foot perimeter of the
boundaries of the site. Existing onsite trees; those to be removed
and those to be saved;
/(^"Z. Earthwork volumes; cut, fill, import and export.
f^'f" 3. Spot elevations at the corners of each pad.
UL ^- Method of draining each lot. Include a typical cross section
taken parallel to the frontage for lots with less than standard
frontage.
Ut 5. Location, width and/or size of all watercourses and drainage
facilities within and adjacent to the proposed subdivision show
location approximate size of any proposed detention/retention
basins.
Uu 6- Clearly show and label the 100 year flood line for the before and
after conditions for any project which is within or adjacent to
a FEMA flood plain.
-A-y- 14. For projects with an average daily traffic (ADT) generation rate greater than
500 vehicles per day:
Two (2) copies of a Circulation Impact Analysis for the project. The
analysis must be prepared by an appropriate registered Engineer. The
analysis must show project impacts to all intersections and road segments
identified as impacted within the included Local Facilities Management
Plan. The following should be included with the study:
a) 8 1/2" X 11" or 8 1/2" x 14" plats showing zone impacted
roads, background and project AM and PM peak hour impacts
and traffic distribution.
b) Project traffic generation rates
c) Necessary calculations and or analysis to determine
intersection and road segment levels of service.
d) Any proposed mitigation requirements to maintain the public
A,/ facility standards.
//i "TW^IS. Two copies of preliminary soils/geologic report for all project with cut or
fill depths exceeding 5 feet.
CFFY OF CARLSBAD
ENGINEERING DEPARTMENT'
LAND USE REVIEW DIVISION
mrriAL REVIEW AND ASSESSMENT CHECKLIST
I^Y_ Project Id^"y/^ c^/J-R Field Check by: J d Date ' ^'/^f(y
TRAFFIC AND CIRCULATION EXPLANATION
Inadequate traffic projections provided
Street level of service problems
Intersection level of service problems
Driveway problems
Corner sight distance problems
Non standard street improvements proposed
Pedestrian circulation problems
Offsite street improvements needed
Street parking problems
Intersection distance problems
Cui-de-sac length problems
Parking aisles lack turnarounds
Parking lot dimensions inadequate
Truck access inadequate
Parking lot lacks adequate circulation
Private street widths not to code
^ End space needs 5' side backup area
Adjacent property access not considered
Surrounding circulation conflicts exist
Inadequate street/parking lot lighting
Growth management circulation requirements not met
Other (list)
SEWERAGE DISPOSAL
Easement widths not to standard
Gravity flow not maintained
All weather access not provided
Offsite sewer improvements required
Non-standard facilities proposed
Facilities not in compliance with
sewer master plan
Growth management requirements not met
Other (list)
SOILS AND GEOLOGY
Soils report inadequate for scope of work
Site requires geologic review
Geologic hazards not properly mitigated
Excessive grading proposed for site
Onsite spoil/borrow site problems
Cut and/or fill height problems
Proposed slopes exceed 2:1 standard
Inadequate slope setbacks from site boundary
Slope stability problems exist
Retaining or cribwall height problems
Other (list)
CONSTRUCTTON
Site lacks adequate construction staging area
Project phasing problems
Offsite haulage into sensitive
neighborhood proposed
Construction access problems
Other (list)
LAND TITLE
Utility casement conflicts exist
Notice of violation on property
Unpaid liens or taxes exist
Assessment district reapportionment required
Access to public resources not provided
Facilities reimbursement agreement exists
Title Report boundary conflicis with site plan bounda
Other (list)
FIELD CONDmONS
Site plan conflicts with field conditions
Existing public facilities damaged or
inadequate
Existing overhead facilities to be addressed
Utility conflicts with proposed improvements
Major utility relocations required
Other (list)
# •
WATER FACILmES ^ ^
. Fire hydrants not properly shown or located
Water meter access problems
Water line conflict with sewer line
Water easements inadequate
Offsite water facilities required
Other (list)
DRAINAGE
Proposed desiltation controls inadequate
Improper discharge of drainage into sewer system
Erosion problems at proposed outlets
Overland flow exceeds city standard
Excessive or nuisance flow at cross gutters
Improper diversion of drainage proposed
Ribbon gutter proposed in parking lot ^^^^^ Ja.^/cs -y^w'O ^i^r/2<S
Parking lot drains across sidewalk J"./-^^^^ a(/rh^^ /^/^WT,
^ Inadequate site or lot drainage- \. c?/?^^/- /9 r/tn
Inadequate drainage behind retaining wall
Proposed drainage too close to structure
Lot drainage not to street or approved
drainage course
Excessive use of curb drains
Narrow sideyard requires special design
Pad sites not proposed to surface drain
All weather access not provided to facilities
Offsite drainage improvements required
Facilities not in compliance with master
drainage plan
Easement widths not to standard
Inadequate faciUties proposed to handle
upstream flows
Encroachment into flood hazard area
Failsafe over-flow not provided at sumps
Growth management requirements not met
pother (list) Meed fo /^£<57^ /^Cl^l/iOTlcT^/ P7:)/ll^/li;^f^ i)/k^a^^
^///>f//oc^-/-/cp^ :^^^;^/^ ^e^/r^r'f- /^c^c^f>&/PJe^/-^^
GENERAL LOT REOUIREMENTS
Lot width not per Code requirements
Lot area is less than required per zoning
Lot not fronting on dedicated public
street or easement
Panhandle lot not to code
Lot depth to width exceeds 3:1
Lot depth less than 90 feet
•
City of Carlsbad
Planning Department
January 15, 2003
Laurie Masotto
Peters & Freedman, LLP
191 Calle Magdaiena, Suite 220
Encinitas CA 92024
RE: CUP 258(B) - LA COSTA SPA AND RESORT
Dear Ms. Masotto:
This letter is in response to your letters dated December 2 and December 19, 2002. The
questions were regarding the La Costa Spa and Resort parking lot. The 24 foot wide parking lot
entrance is consistent with City standards as noted in the parking section of the municipal code
(21.44). A dedicated left turn lane from westbound Costa Del Mar Into the parking lot was not
created because the number of vehicles projected to be making this turning movement is
expected to be low. The majority of vehicles entering the parking lot will be making a right turn
from eastbound Costa Del Mar.
Notice of special events would be coordinated through Kelly Cain, Special Events, Police
Department. He can be contacted at (760) 931-2290.
The yearly review of the Conditional Use permit is conducted on the anniversary date of the
approval, which would be in April of each year. Any comments regarding the permit should be
submitted to the Planning Department just prior to the review so that comments could be
considered during the review.
If you have any questions regarding the above, please feel free to contact me at (760) 602-
4613.
Sincerely,
VAN LYNCH
Senior Planner
VLmh
c: Michael Holzmiller
John Maashoff
Kelly Cain
File
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
SIMON J. FREEDMAN
DAVID M. PETERS
KEENAN A. PARKER
MARK T. GUITHUES
MICHAEL G. KIM
STEPHEN M. KIRKLAND
LAURIE F. MASOTTO
JAMES R. McCORMICK JR.
STEVEN R. NAPOLES
OF COUNSKL
LAURIE S. POOLE
PETERS & FREEDMAN, L.L.PT
ATTORNEYS AT LAW
191 CALLE MAGDALENA, SUITE 220
ENCINITAS, CALIFORNIA 92024
Tel: (760) 436-3441
Fax: (760) 436-3442
December 19, 2002
''^^r^:^Jl7^
4"
mail@hoalaw. com
www.hoalaw.com
PALM DESERT OFFICE
74-075 EL PASEO, SULTE CA
PALM DESERT, CA 92260
Tel: (760) 773-4463
Assessments: (760) 773-2626
Fax: (760) 773-0919
City of Carlsbad
Michael Holzmiller, Plarming Director
1635 Farraday Ave.
Carlsbad, CA 92008
RE: Our Client:
Permit Applicant:
Project Nos.:
Resolution Nos.:
Our File No.:
Fourth La Costa Homeowners Association/
Request to Address Traffic Concems; Request for Notice of Special Use
Permit Applications; Request for Notice of Annual Review of CUP
KSL Properties
CUP 258(B)/SUP 90-12/SUP 90-13
3216, 3217,3218 and 3219
1465
Dear Mr. Holzmiller:
wn i;ecember 2, 2i>02 we WTOte to you requesiing a icspoiibe as io issues pcrLainiiig lu ilic v.-uiisuLi;,i!oii oZa
parking lot by KSL Land Corporation at the La Costa Hotel & Spa. To date, we have not received any
response. Could you please provide us with a response as to these issues?
Thank you for your prompt attention to this matter.
Sincerely,
PETERS & FREEDMAN, L LP.
Laurie F. Masotto
LFM:drc
cc: Board of Directors
Barbara Seith
G:\4\1465\LFM\Ltrs\City 3.wpd
DEC-02-02 HON 04:07 PH P. 02
SIMON J. FREEDMAN
DAVID M. PEI EKS
KEENi^V A. PARKER.
MARK T. GUITHUES
MICHAEL G, KIM
STEPHEN M. KIRKLAND
LAtnyCF-MASOTTO
JAMES R. McCORMICK JR.
STEVEN R.NAWLB5
OF COUNSEL
LAURir S. POOLE
PETERS & FREEDMAN, LX.P.
ATTORNEYS AT LAW
191 CALLE MAGDALENA, SUriE 220
ENCINITAS, CALIFORNIA 92024
Tol: (760) 436-3441
•Fax: (760)436-3442
December 2,2002
ntail^hOBlwv. com
PALM.DESERT OFFICE
74-075 a PASEO. SUITE C-4
i-ALMDtSERT.CA 92260
Tel: (760) 773-4463
As3«»i««t*; (760) 773-2626
Fax; aeO) 773-0919
VIA FACSIMILE
City of Carlsbad
Michael Holzmiller. Planning Director
1635 Fairaday Aye.
Carlsbad, CA 92008
RE: Our Client:
Pennit Applicant:
Project Nos.:
Resolution Nos,;
Our File No.:
Dear Mr. Holzmiller:
Fourth La Costa Homeowners Association/
Request to Address Traffic Concerns; Ri^uest for Notice of Special
Use Permit Applications; Request for Notice of Annual Review of
CUP
KSL Properties
CUP 258(B)/SUP 90-12/SUP 90-13
321<i, 3217, 3218 and 3219
1465
As you know, the law finn of Peters & Freedman, L.L.P. represents the Fourtli La Costa
Ilomeowaers Association, adjacent lo which a parking lot is to be construct(^ by KSL Land
Corporation, at the .site 6f the La: Costa Spa and Hotel. A traffic engineer, Bill E. Daniell, P.E., has
reviewed the plans for the parking lot, and has the following concerns:
1. There is width of proximately 24 feet called for in tiie two-way entry/exit to the
parkii>.g lot. TMs appears to be a naiTow entry for two-way traffic iW^
space parking lot.
2. AVhatisthebasistbrnotrequiringapennanentleflt^
the parking lot?
The Association and Mr. DamcII arc concerned that these features will significantly impact traffic
along Costa Del Mar Road, and inhibit the Fourth La Costa Homeowners Association owners' and
DEC-02-02 HON 04:08 PH P. 03
City of Carlsbad
Michael Hokmiller, Planning Director
December 2,2002
Page.2-
other persons' access, ingress and egress to and from EI Camino Real.
Being that construction is commencing or has commenced at this time, we request that the City's
engineer, and by copy of this letter to KSL's counsel, that KSL also, immediately address these
concerns and respond to our office in writing within five (5) days ofthe dale of this letter.
This letter is to further formally request that notice be provided to the Fotirth La Costa Homeowners
Association in the event of any application for a special use pennit for special events so that the
Association may give its input. As you know, this would include any tennis or golf event for which
special use permits have been applied for in the past.
We fiirther request that noticebe provided to the Association as to when tlie Planning Director
conducts its yearly review of CUP #258(b), pursuant to paragraph 7, page 3 of Planning Commission
Resolution32l7, so that the Association can give its input as to same. ^{PIMX.- ^7^'
Please bonfirm within five (5) days of the date of this letter that the City intends to provide the
above-referenced notices.
Sincerely,
PETERS & FREEDMAN, UL-P:
^ :
Laurie F, Masotto
LFM:tmf
cc: Board of Directors
Kari M. Desgalicr, Esq., counsel for KSL (via fax)
Barbara Seith, President, Fourth La Costa HOA (via fax)
0:\4\!46WM\Hn\CiiyLff2.wp<l , •
Citv of Carlsbad
Planning Department
October 25, 2002
H.E.R.E
c/o Nancy Browning
3737 Camino Dei Rio South, Suite 300
San Diego CA 92108
RE: LA COSTA RESORT AND SPA
Dear Ms. Browning:
The La Costa Resort and Spa is presently remodeling the facility located at 2100 Costa Del Mar
in Carlsbad CA. Since the site is zoned as Commercial, much of the work is being done by right,
which means that no discretionary approvals are needed from the City of Carlsbad. For a review
of the improvements proposed or already received, please contact the Building Department at
(760) 602-2719. I cannot copy the building plans as they are copyrighted information and
approval would need to be secured from the plan owners. RLN Design, 200 Baker Street, Costa
Mesa, CA 92626, (714) 641-0191 is processing the improvements.
There is also proposed a new ballroom addition. This application does require an amendment to
their Conditional Use Permit. Please find attached copies of the past approvals, the current
project description, summary of all the uses on site, and plans of the new building. The plans are
not the complete set, but probably the most useful information. The project will be going to public
hearing in the next few months. You can subscribe, for free, to the City of Carlsbad to receive the
public notices, agendas, and minutes ofthe Planning Commission. Please see the City's website
at www.ci.carisbad.ca.us and find the planning department and follow the subscription
procedures. Please contact Mike Grim in our office at (760) 602-4623 for more specific
information, as he is the project planner.
Please remit a check payable to the City of Carlsbad in the amount of $37.60 to cover the cost of
copies and postage.
Please call me at (760) 602-4613 if you have additional questions, or visit our office to view the
public records.
Siricerely,
\^n Lyrien Lyrt
Senior Planner
VL:sn
attachments
c: Mike Grim
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
UNION LOCAL 30
Hotel Employees
and Restaurant Employees
Union of San Diego
Affiliated with,
American Federation of Labor
State Federation of Labor
State Culinary Alliance
San Diego Central Labor Council
Union Label & SejT/iceJradejs Cquncil
By facsimile and U.S.
Office of the Secretary-Treasurer
JEF L. EATCHEL
mail
10-21-02
Van Lynch
Planning Department
c/o City Clerk Office
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
voice phone 760-602-4613
fax (760) 720-6917
Dear Mr. Lynch,
1 was told you are in charge of dealing with the proposed La Costa Spa and Resort
renovations and am writing in regards to the project.
My organization would like to receive copies of all documents related to this project,
including but not limited to the project proposal(s), the existing hotel plan, any
correspondence about the project, staff reports, Council or Planning Commission agendas
& minutes, and any documents related to environmental review. I agree to pay for all
copying costs. If copying costs will exceed $200, please contact me before copying.
Also, I understand that the City was preparing a draft plan to deal with tourism and
planning more generally, and would like copies of anything related to this plan. Again,
my organization will pay for all copying costs as above.
Lastly, I would also like to be placed on the notice list for any future workshops or votes
on this project.
Thank you for your assistance.
Sincerely,
Nancy Browning
3737 Camino del Rio So., #300 • San Diego, CA 92108 • 619/516-3737 • FAX 619/516-1383
Together, We Will Make a Dillerence
SDGI
a Energy'Utility
October 16, 2002
Mr. Mike Cusick
La Costa Resort & Spa
2100 Costa Del Mar Road
Carlsbad, CA 92009
LETTER OF PERMISSION FOR GRADING
AND CONSTRUCTION OF IMPROVEMENTS
Dear Mr. Cusick:
San Diego Gas & Electric Company (SDG&E) is the owner of a 150' Electric Transmission
Easement located in and around the following legal description: A PORTION OF PARCEL 1
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,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
ALSO, A PORTION OF PARCEL 5 BEING A PORTION OF LOT 14 IN SECTION 35,
TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. (A.P.N. 216-123-05,
216-123-07, & 516-210-04) (SDG&E Right of Way No. 45055, Recorded October 16, 1956 in
Book 6301, Page 162 of Official Records).
We have reviewed and approved the Grading Plans for La Costa Resort & Spa Creek Parking
Facility, received August 26, 2002, revised and accepted October 14, 2002, which shows the
proposed grading and improvements on the property subject to our easement, attached hereto as
Exhibit 'A' (6 sheets).
Permission is hereby granted to KSL La Costa Resort Corporation (Permittee), to grade and
construct improvements as shown on said plan, subject to the revocability clause as stated in the
California Public Utility's Commission's General Order 69-C as shown on website
http://www.cpuc.ca.gov/PUBLISHED/Graphics/645.PDF , and the following conditions:
La Costa Resort & Spa.doc
1. Expiration:
This "Permission to Grade" shall expire if grading does not commence within 6
months from the date of this letter, or work is not diligently pursued to completion.
2. Submittals:
2.1. Final signed, approved plans must be submitted to SDG&E's Land Management a
minimum of 10 working days before commencement of grading and construction of
improvements within the easement area.
2.2. Permittee agrees to supply SDG&E with 'as built' profiles plans, if requested, of the
grade changes within its easements. Profiles shall meet specifications of SDG&E's
Transmission Engineering Department.
2.3. Permittee agrees to supply SDG&E with 'as-built' grading plans should revisions occur.
2.4. Landscape and irrigation plans to be submitted to SDG&E for review and approval prior
to final signed approval from permitting agency.
3. Pre-Construction Meeting:
SDG&E's Land Management Representative must be invited with at least forty-eight
(48) hours prior notice, whether by telephone, telefax or otherwise, to any pre-
construction meetings held before the start of grading and/or construction.
4. Grading & Construction:
4.1. At least twenty-four (24) hours notice must be given to SDG&E's Land Management
before start of work or making field changes to plans within said easement.
4.2. Permittee is responsible to call DIG ALERT at 1-800-227-2600 for all underground
mark-out locations.
4.3. No grading shall be allowed within ten (10) feet of a single wood pole structure or
anchor, or fifteen (15) feet from any multi-wood pole structure (H-frame, 3-poIe, etc),
or twenty (20) feet from any electric steel lattice towers. All measurements are taken
from face of foundation or face of pole. More details are found in the "Guide for
Encroachment - SDG&E Electric Transmission Rights-of-Way." A copy will be
provided upon request.
4.4. Clearance of thirty-five (35) feet minimum between the SDG&E electric transmission
wires and the natural ground shall be maintained on any given day, noting line sags
vary depending on ambient temperature and line current. All CALOSHA
requirements for clearances between high voltage wires and heavy equipment must be
maintained.
La Costa Resort & Spa.doc
4.5. SDG&E reserves the right to inspect and perform quality control work during grading
and/or construction. If required, a qualified SDG&E "stand-by" may be needed
during work being performed around any SDG&E Transmission facility. Additional
fees for SDG&E personnel may be charged.
5. Special Conditions:
5.1. All trees planted within SDG&E's easement, shall be no more than fifteen (15) feet in
height at maturity and shall not restrict SDG&E's access to any of its facilities. All
trees planted within twenty (20) feet adjacent to SDG&E's easement, shall be no
more than thirty (30) feet in height at maturity.
6. Erosion Control:
6.1. All disturbed and created slopes, within the SDG&E electric transmission easement,
shall be hydroseeded or planted by Permittee with an SDG&E approved mix.
6.2. Permittee shall design, implement and maintain erosion control to meet the permitting
agency's requirements.
7. Storage:
7.1. This permission to grade letter does not permit storage of materials, dirt or debris on the
easement or fee parcels and does not allow for grading on the SDG&E fee parcels
other than that required to construct the accesses to our service roads as shown on the
plans.
8. Access:
8.1. 24 hour access to all existing SDG&E facilities shall be maintained by Permittee.
9. Gates:
Any pipe gate construction and the location of the gates relative to the project are to
be approved by an SDG&E Land Management Representative. All gates shall be
built to accommodate SDG&E locks. All gates are the property of the underlying fee
owner. SDG&E has the right, but not the obligation to use and maintain.
10. Outstanding Agreements:
Permittee agrees to pay for, sign and/or have signed all Land Use Agreements and/or
Joint Use Agreements between SDG&E and owner, company, or public agencies who
encroach upon the SDG&E easements.
La Costa Resort & Spa.doc
11. Changes:
This letter shall not be construed as approval of any field changes. Specific approval
of any changes within the SDG&E easement, must be approved in writing by
SDG&E's Land Management.
12. Contingencies:
12.1. If the Permittee has not received a "Guide for Encroachment - SDG&E Electric
Transmission Rights-of-Way" or a copy of the "Land Use Agreement", Permittee
shall acquire both from SDG&E's Land Management.
12.2. This letter is subject to Permittee obtaining the necessary grading and improvement
permits from the permitting agency.
12.3. This letter does not give Permittee permission to grade off site on any SDG&E
easement without permission from underlying fee property owner.
13. Indemnification:
13.1. Permittee agrees to assume all risk of loss, damage to property and/or injury and/or
death to persons, and to indemnify and hold SDG&E harmless from any and all
liability in any way arising from the proposed grading or construction of
improvements.
13.2. SDG&E shall not be responsible in any manner for any maintenance or repair of the
proposed grading or improvements. This includes, but is not limited to, drainage
and/or erosion problems.
14. Regulations:
All applicable laws and regulations of local, state and federal govemments and their
agencies shall be complied with.
15. Terms and Conditions:
The terms and conditions of the document shall benefit and bind Permittee its
successors, assigns, agents or contractors.
16. Posting:
This permission letter shall be posted on the job site at all times.
La Costa Resort & Spa.doc
Should you have any questions or require additional assistance, please call me at (858) 654-1201.
APPROVED BY:
San Diego Gas & Electric Company
Michael J. Willies
Land Management Representative
1 ACCEPT THE AFOREMENTIONED CONDITIONS:
1 hereby have the authority to sign.
KSL La Costa Resort Corporation (Permittee)
By:
Print Name: /lAi^HM$l- 9. CAyyU-f^
Title: F^>>^ w^ryWC^
Date: ^OimO
La Costa Resort & Spa.doc
SIMON J. FREEDMAN
DAVID M. PETERS
KEENAN A. PARKER
MARK T, GUITHUES
MICHAEL G. KIM
STEPHEN M. KIRKLAND
LAURIE F. MASOTTO
JAMES R. McCORMICK JR.
STEVEN R. NAPOLES
OF COUNSEL
LAURIE S. POOLE
PETERS & FREEDMAN, L.L.P.
ATTORNEYS AT LAW
191 CALLE MAGDALENA, SUITE 220
ENCINITAS, CALIFORNIA 92024
Tel: (760) 436-3441
Fax: (760) 436-3442
mail@hoalaw.com
_www.hoalaw.com
PALM DESERT OFFICE
74-075 EL PASEO, SUITE C-4
PALM DESERT, CA 92260
Tel: (760) 773-4463
Assessments: (760) 773-2626
Fax: (760) 773-0919
August 30, 2002
VIA FACSIMILE AND HAND DELIVERY
City of Carlsbad
Michael Holzmiller, Planning Director
1635 Farraday Ave.
Carlsbad, CA 92008
City of Carlsbad
City Council
1635 Farraday Ave.
Carlsbad, CA 92008
RECEIVED
AUG 3 0 2002
CITY OF CARLSBAD
PLANNING DEPT.
RE: REQUEST TO CEASE AND DESIST ISSUANCE OF PERMITS FOR
CONSTRUCTION OF PARKING LOT AT LA COSTA HOTEL & SPA AND
REQUEST FOR PUBLIC HEARING/NOTICE OF INTENT TO FILE INJUNCTION
RE: SAME
Fourth La Costa Homeowners Association (aka Balboa building)
KSL Properties
CUP 258(B)/SUP 90-12/SUP 90-13
3216,3217, 3218 and 3219
1465
Our Client:
Permit Applicant:
Project Nos.
Resolution Nos.
Our File No.
Dear City Council and Mr. Holzmiller:
Please be advised that the law firm of Peters & Freedman LLP represents the Fourth La Costa
Homeowners Association, located on the south side of Costa Del Mar leading into the La Costa
Hotel & Spa. This letter is to request that the City immediately cease and desist issuance of permits
with respect to the above project, and that a proper public hearing be immediately scheduled, due
to the proj ect having a significant detrimental impact on surrounding properties (including the Fourth
La Costa condominiums), and the public's health and welfare. We have carbon copied this letter
to the permittee, KSL, to inform them of the Association's dispute with this proposed use.
August 30, 2002
Page-2-
1. PLANNING COMMISSION RESOLUTION NO. 3217 REQUIRES A YEARLY
REVIEW AND PUBLIC HEARING WHERE SUCH PROPOSAL HAS A
SIGNIFICANT DETRIMENTAL IMPACT ON SURROUNDING PROPERTIES
In or about 1991, the former owner of the La Costa Hotel and Spa applied for a Conditional Use
Permit for construction of a parking lot of 510 parking spaces near the comer of El Camino Real and
La Costa Avenue. Planning Commission Resolution No. 3217 was adopted, granting such permit
with conditions attached. Paragraph 7 of such Resolution provides in pertinent part:
... This conditional use permit shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does not have a
significant detrimental impact on surrounding properties or the public health and welfare.
If the Planning Director determines that the use has such significant adverse impacts, the
Planning Director shall recommend to the Planning Commission after providing the
permittee the opportunity to be heard, add additional conditions to mitigate 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.
The Association has tolerated the use of this space for overflow parking for hundreds of cars several
times per year during large spectator events. During those times, there have been persons seen
entering the building and the Association grounds, including climbing over fences, excessive vehicle
emissions due to the large volume of traffic, trash and debris dumped onto the Association's
property, excessive noise due to the large volume of vehicles and persons traversing the grounds
adjacent to the condominiums, and a significant hinderance to residents trying to travel in and out
of their parking garage. To have such a large parking lot used on a daily basis by several hundred
employees and overflow for other hotel guests/users clearly will have a significant detrimental
impact on the Fourth La Costa (and Third La Costa) residential communities' safety, security, quiet
enjoyment of their homes, and on their property values, as set forth below.
Further, the City's representatives have indicated that the Association owns a portion ofthe access
roa, which now serves as an accessway to the termis courts, driving range, laundry and maintenance
facilities, over which there is no evidence that permission was ever given allowing such proposed
use. (See Section II below)
The facility proposed would have the following significant detrimental impacts:
1. Hindering Safe Entry and Exit and Vehicle Travel to and from the Condominiums
There is already a substantial amount of vehicle travel on the road due to persons, vendors, hotel
guests, employees and others accessing the tennis courts, driving range, laundry and maintenance
facilities. Having a 510 space lot constantly being used for employees, overflow guest parking, and
possibly even parking for the proposed commercial/restaurant use for the opposite comer of El
Camino Real and Costa Del Mar, will mean a large increase in travel over such road, which will
make travel in and out of the underground garage more dangerous and difficult than the present. No
conditions appear to ever have been proposed to accommodate these concems, such as stop signs,
speed bumps, etc.
August 30, 2002
Page -3-
2. Increased Securitv Problems Due to Crime and Pedestrian Travel
Parking lots, particularly a large one out of the main view of the center of the resort, tend to
encourage and invite crime/vehicle break-ins. Further, employees, hotel guests, spectator members
of the public, etc. will have to walk from the lot to the hotel, and in the past have trespassed on
Association property to do so, and use the walkway along the tennis courts leading up to the resort.
No conditions appear to have imposed requiring constmction of an adequate fence along the
sidewalk adjacent to the tennis courts, nor security patrols or stations for the parking lot, access
roadway and sidewalk along such courts.
3. Increased Noise and Interference with Quiet Enjoyment of Residences
Further, noise is already generated from the existing travel of maintenance vehicles, vendors, and
persons using the access road to reach the tennis courts, driving range and maintenance facilitiies.
Hundreds of employees would be walking and driving to and from the resort immediately adjacent
to the property and the underground garages, during all hours of the day and night. In addition, the
great amount of lighting necessary to support a 500 space lot will significantly harm and affect the
owners' quiet enjoyment of their residences. These residents never bargained to live next to what
would be akin to stadium lighting.
Also, vehicle emissions due to the heavy increase in volume of constant traffic to the new lot will
directly negatively affect the residents, particularly those in the building closest to the access road.
4. Negative Impact on Views
The residents' view would now be that of a huge parking lot with bright lots shining next to their
homes. In the evening, the lighting will limit their view beyond the property. This is a significant
detrimental impact to the residents.
5. Negative Affect on Traffic Flow from El Camino Real
The experience from the several armual events in which this dirt lot has been used is that traffic has
backed up onto El Camino Real, which will be more severe where there is a significant increase of
volume of cars. This would now have to be experienced on a daily basis, particularly due to
employees continually traveling to and from such lot, and will inhibit and slow the traffic flow down,
causing residents of both Foiu-th and Third La Costa to experience delays in entering and exiting
their home. This is contrary to the City Municipal Code, providing that before a conditional use
permit may be granted, it must be determined that the street system serving the proposed use is
inadequate to properly handle all traffic generated by the use.
6. No Evidence of Yearly Review and Determination of Impact/Project Not Necessary or
Desirable
There is no evidence that the Planning Director has conducted the required yearly review of whether
the use contemplated will have a significant detrimental effect, nor of its findings (if any) of the
August 30, 2002
Page-4-
impact of such a large project adjacent to these residences.
Further, the lot in this location is not necessary, as employee parking could be addressed in other
locations that do not have such a significant impact as this one.
For these reasons, use of a parking lot on a daily/nightly basis by several hundred employees, and
by guests, vendors, spectators and others which will cause heavy traffic immediately outside of
these residents' doors, cannot be said to be "necessary or desirable", or in "harmony with the
various elements and objectives of the General Plan, and is clearly "detrimental to existing uses",
contrary to Municipal Code Section 21.42.020.
IL THERE IS NO EVIDENCE THAT FOURTH LA COSTA GAVE ITS PERMISSION FOR
ACCESS FOR THIS PURPOSE
A Board member of the Association, Ms. Seith, confirmed with Van Lynch in your department and
engineer John Maalash, that no current title report had been pulled with respect to the 110 foot road
leading to the proposed site. The City's engineer represented that the first 110 feet of the 24 foot
wide service road appears to be owned by this Association, yet there is no evidence that has been
produced by the former owner, current permittee or the City verifying that permission has been
granted for access. The Association is not aware of any such easement or other form of access, but
is researching the issue. If any permission for access was given, such was clearly limited to those
improvements contemplated at the time, such as the laundry and maintenance facility. A 500 space
parking lot was not contemplated nor was permission requested for same.
The City is responsible to verify the record owner of such access road, and to ensure that the
permittee has obtained permission for such use. If such road, or portion thereof, is owned by the
Association, the Association intends to bar access for such purpose unless a document setting forth
permission for this use can be produced, and until an appropriate public hearing can be held as to
the conditions to be imposed on this use.
III. THE HOTEL OWNER (PERMITTEE) HAS VERBALLY INDICATED AN
INTENTION TO BUILD 800 SPACES. IN DIRECT VIOLATION OF THE PERMIT
GRANTING PERMISSION FOR 510 SPACES
Verbal representations have been made that the parking lot may be suddenly expanded to 800 spaces,
despite the permit addressing and approving only 510 spaces. The City is obligated to ensure such
permit is not violated, and should take any action to prevent such violation.
IV. INADEQUATE CONDITIONS HAVE BEEN IMPOSED. IN THAT SUCH DO NOT
PROVIDE FOR WALLS. LANDSCAPING. AND OTHER BUFFERS AS REQUIRED BY
THE MUNICIPAL CODE
The Municipal Code Section 21.42.030 refers to conditions which may be added, which appear to
have not been ever considered or addressed by the City, despite the request for a huge parking lot
to be placed next to residences, such as regulation of the use (i.e. allowing parking several times per
year for large spectator events only and not permitting daily employee use), imposition of buffers
( such as moving the location of the lot back fiirther, adding landscaping), constmction of walls
August 30, 2002
Page -5-
(under the Section of the Code referring to hotel use adjacent to residential use, a six foot wall is
required), regulation of points of ingress and egress (such as vehicle travel and pedestrian access to
and from the lot), and regulation of noise and odors (such as reducing the size of the lot or
eliminating such entirely to prevent vehicle emissions and noise of constant travel of vehicles and
persons immediately adjacent to this residential community.)
Such proposed lot also does not meet the requirement under Section 21.44.090 that the parking area
be no more than 50 feet distant from the main stmcture (resort).
V. DEMAND TO CEASE AND DESIST ISSUANCE QF PERMIT AND TO SET PUBLIC
HEARING
Based on the foregoing, the Association hereby formally requests the following:
1. That the City immediately cease and desist from issuing any final permits allowing
constmction to proceed with respect to the parking lot which is the subject of the above
project numbers and Planning Commission Resolutions, and that written assurances of such
be provided to this office of your agreement to do so by Wednesday. September 4, 2002 at
12:00 noon.
2. That a public hearing be immediately set to address these concems.
3. That the City produce evidence of a current title report, and verification of ownership of
the access road, and that the owner(s) of such access road gave specific permission for
access, ingress and egress over such road for a 510 space parking lot.
Regrettably, in order to protect the interests and welfare of the residents of this Association, if such
assurances to cease and desist issuing of a permit are not forthcoming promptly, or if such permit
is in fact issued and these requests are ignored, the Association intends to take appropriate legal
action against the Hotel Owner and/or the City to stop issuance of permits and/or commencement
of constmction, so that a public hearing can be held. .
We anticipate and appreciate your immediate attention to this matter.
Sincerely,
PETERS & FREEDMAN LLP
Laurie F. Masotto
LFM:im
cc: Board of Directors (via facsimile)
Chevis Hosea, KSL Properties
g:\4\1465\lfin\cityUr
August 23, 2002
City of Carlsbad Planning Dept
1635 Faraday
Carlsbad, Ca 92009
VoSL. /Ws-h
t^ttn: Michael J. Holzmiller, Planning Director
Re: Proposed Parking Area KSL Properties La Costa
I met with your planner Van Lynch and engineer, John Maslash, to discuss the issuance
of a permit for a parking area which is adjacent to land owned by the residents of the
Balboa Building. According to the map I acquired from your planning dept, the Balboa
Building own 110 ft of the land leading into and between the area where the proposed
entrance to the parking area is to be..
I was shown a title report dated March 28, 1990, and was informed no current title report
has been requested by your department. This amazes me as how can you be sure you are
issuing a permit to KSL and they have the right of way to enter into this area to park the
cars they are requesting a permit for.
In addition when 1 requested a parcel number for the main road into the resort, Costa Del
Mar Road, I was told there was no parcel number and no one could tell me who officially
owned this road and only that it had been dedicated to the city and the city had rejected
the dedication. See titie report page 96, under parcel 6.
On April 17, 1991, a Planning Commission Resolution No. 3217 was heard and on May
1, 1991, a letter approving the request to put a parking lot on said land was granted. This
letter was signed by you. In the resolution, page 3, item 7, it clearly states that this
resolution can be revoked if it is significantly detrimental to the surrounding property
and public health and welfare.
A parking area adjacent to our building(Balboa Building) not only is significantiy
detrimental to our public health and welfare, from emissions, lights, traffic congestion
and so forth, but would create a traffic jam on El Camino Real everyday, not just at the
Acura or other special events held at La Costa.
Furthermore, it Vv'ould create an almost impossible situation for the owners living at that
end of the Balboa Building to enter and leave their underground garage, not to mention
the security problem they would face.
I have been informed no permit has been granted as of yet, and since there is uncertainty
as to who owns what part of the road and the ingress and egress along the 110 feet entry
along side of the Balboa Building, owned by Fourth La Costa, I seriously suggest you
consult with your legal dept immediately before issuing any permit for this parking area.
I am putting you on written notice at this time that they may be a problem with several
different issues pertaining to this designated area for parking.
I am forwarding this information to Eugene Berger Management, the board at the Cortez
Building and our legal counsel for further review. This matters needs a hearing before
any permit is issued. You may have already heard from our management company and
legal office.
Sincerely,
Barbara Seith, President, Balboa Building, 4"" La Costa
Copy: Eugene Berger Management
Herb Bernstein, President Cortez Building 1)^ La Costa
Citv of Carlsbad
Planning Department
July 19, 2002
KSL Development Corporation
11 200 Costa Dei Mar Road
Carlsbad CA 92009
SUBJECT: PRE 02-29 - CUP 258(B)/SUP 90-12/SUP 90-13 - LA COSTA HOTEL
EMPLOYEE PARKING
APN: 216-123-05 and 07
A preliminary review of your project was conducted on July 3, 2002. Listed below are the
issues raised by staff. Please note that the purpose of a preliminary review is to provide
you with direction and comments on the overall concept of your project. The preliminary
review does not represent an in-depth analysis of your proiect. Additional issues of
concern may be raised after your application is submitted and processed for a more
specific and detailed review.
Planning:
1. The proposed revisions to the parking lot plan can been found to be in substantial
conformance with the original permit. There are a few conditions of the original
permit that still must be fulfilled, which are noted below. There are also some
additional flood impact studies that will be required to ensure the proposed revisions
to the project do not cause any significant revision or impacts to adjacent
properties. At this time, no additional discretionary actions will be required for the
project, unless it is found that the revisions cause any additional significant impacts
to the site or surrounding properties.
2. Once the revised plans have been completed, a new mylar of the substantial
conformance exhibit will be required for the City's permanent record.
3. Please do not use the Landscape Concept Plan labeled as Exhibit "C" dated March
11, 1991 as it was an old exhibit which was superseded by the approved
Landscape Concept Plan labeled Exhibit "C" dated April 17, 1991, on file in the
Planning Department in the CUP 258(B) file.
4. Please find attached a red-lined landscape plan for your reference. The landscape
plans shall include the revegetation area and the specification of the hydroseed mix.
5. One of the previous project conditions was to "...revegetate the creek area where
vegetation has been removed with the following native hydroseeded mix or comply
with the Department of Fish and Game permit requirements if a permit is required".
Please provide proof of contact with the Department of Fish and Game for the
necessity of a permit for the revegetation of the disturbed areas. The hydroseed
mix may also need to be modified or updated for the types of plants desired for
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
PRE 02-29 - CUP 25^/SUP 90-12/SUP 90-13 - LA cS^A HOTEL EMPLOYEE
PARKING
July 19, 2002
Page 2
revegetation. This should be reviewed by the DFG for concurrence on the mix
proposed.
6. A lighting plan shall be submitted to the Planning Department for review and
approval prior to building permit issuance.
7. Please contact San Diego Gas and Electric Land Management representative Michael
Williams at (858) 654-1201 regarding work within the SDG&E easement area. The
City will require a copy of a letter of permission to grade within the easement.
Engineering:
1. The application package should include a preliminary Storm Water Management Plan
(SWMP). The SWMP should address BMP's for construction activities as well as
any post-construction structural BMP's proposed.
2. Several easements appear to encumber the property. Correspondence/coordination
with the holders of any easements, etc. will be critical to completion of the project.
Any formal application should be accompanied by a recent title report, copies of any
documents which encumber the property, as well as any letters of permission to
grade/construct, etc. which have already been obtained.
3. It doesn't appear the southerly edge of the parking lot had PCC curb. How will
drainage flowing over the slope be controlled.
4. Drive aisles widths are not shown on the plans. The minimum drive aisle width for
90 degree parking is 24 feet.
5. Meet with the Fire Department to identify the necessary fire protection measures
required for this project (access, fire hydrants, etc.). All proposed fire hydrants
must be served by public water mains. A public improvement plan will be required
for the public waterline improvements.
6. The project shall update the hydrology/hydraulic studies and Water Surface
Analysis, HEC-1, and HEC-2, Floodplain studies", each of which can be obtained
from the Engineering Counter. This is needed to determine if there is any significant
change to the floodwaters as a result of the proposed grade changes
7. The property is adjacent to the Special Flood Hazard Area (SFHA) identified on the
latest Federal Emergency Management Agency's (FEMA) Flood insurance Rate
Maps. The plans should show existing SFHA's corresponding to FEMA's maps.
8. The application package should include a preliminary geotechnical investigation for
the proposed development on the subject site. A copy of the City's Technical
Guidelines for Geotechnical Reports is available for purchase from the Engineering
Counter.
PRE 02-29 - CUP 258^/SUP 90-12/SUP 90-13 - LA CC^A HOTEL EMPLOYEE
PARKING
July 19, 2002
Page 3
9. The site plan in the formal application should show existing/proposed public right-of-
way on El Camino Real and La Costa Avenue. If necessary, frontage improvements
will be required as a condition of the project.
10. The project plans should clearly show existing property lines. It appears a
Certificate of Compliance may be required prior to development of the site.
11. Special consideration should be given to the proposed lighting. Check with the
building department to see what the requirement is for electrical work which may
occasionally be submerged.
Fire:
The parking lot will require fire hydrants. Please contact the Fire prevention for location
information.
Please contact Van Lynch at (760) 602-4613 if you have any questions.
Sincerejy^'7 .
GARY E/^AYNE
Assistant Planning Director
GEW:VL:cs
c: Michael J. Holzmiller
Chris DeCerbo
John Maashof
Bob Ledesma
Bill Plummer
"-Fife Copy
Data Entry
RICK
ENGINEERING
COMPANY San Dk-'io • Riverside • Oraii'^c * PhcieitiN • liicsim
June 18, 2002
Mr. Gary Wayne
City of Carlsbad
Planning Department
1635 Faraday Avenue
Carlsbad, Cahfomia 92008
SUBJECT: LA COSTA RESORT AND SPA CREEK PARKING FACILITY
CITY OF CARLSBAD PROJECT NUMBER PE 291.35, DRAWING NUMBER 324-4
(RICK ENGINEERING COMPANY JOB NUMBER 14107)
Dear Gary:
Please find enclosed our submittal package for a Substantial Conformance review of the subject
project. The following is a brief summary of the plan history and the modifications made to the
original "La Costa Hotel and Spa Employee Parking Facility" grading plans. These changes
were necessitated by the current state and local storm water quality requirements.
The original grading plans for the subject parking facility, titled "Grading Plans for: La Costa
Hotel & Spa Employee Parking Facility," were processed through several plan check iterations
with the City of Carlsbad, in the early 1990's. These plans had been processed up to the final
approval (by the City of Carlsbad) stage when the project was halted due to the economic
recession, which occurred during this period. KSL Development Corporation (La Costa Resort
and Spa) desires now to continue the processing ofthe subject plans in order to constmct the
above-described parking facility.
The original parking lot design has been modified to meet current storm water quality
requirements for urban discharge and also to keep all approved work outside of the biological
limits of San Marcos Creek. The original parking facility was designed to convey surface mnoff
southerly to a concrete "aimorflex" block lined channel, mnning parallel to San Marcos Creek,
and ultimately discharging directly into San Marcos Creek.
The proposed parking lot design utilizes a grass-lined "bio-swale" to reduce, to the maximum
extent practicable, the introduction of site generated pollutants into the storm water discharge for
the subject project. The "new" design also proposes to relocate the parking facility
approximately twenty feet north from the originally designed location. This relocation allows for
the constmction of the parking lot improvements and associated grading (including the bio-
swale) outside the biological limits of San Marcos Creek.
5620 Friars Road • San Diego • California • 92110-2596 • (619) 291-0707 • FAX: (619) 291-4165 • www.rickcnginccring.com
Mr. Gary Wayne
June 18, 2002
Page 2
We respectfully request that you find the current design for the creek parking facility in
substantial conformance with the original Conditional Use Permit (CUP), CUP 258 and Special
Use Pennit (SUP), SUP 90-12 and 90-13.
Please do not hesitate to call me if you have any questions.
Sincerely,
RICK ENGINEERING COMPANY
^^^^^^ <^^iC-,^^7
Raun Connely /
RC:vsl\14107\Text\Parking Facility.doc
Attachments
Citv of Carlsbad
Planning Departnnent
September 14, 2001
Planning Systems
Mr. Eric Johnston
1530 Faraday Avenue
Suite 100
Carlsbad, CA 92008
RE: CUP 258(B) - LA COSTA HOTEL & SPA
Dear Eric:
The following is to confirm that CUP 258(B) for the La Costa Hotel and Spa is valid until
April 17, 2006. CUP 258(B) encompasses the original findings and conditions
described in the original CUP 258 and 258(A). Therefore, there is no need to extend
the Conditional Use Permit.
Please be advised that the letter dated April 11, 2001 sent by the City to La Costa Hotel
and Spa requesting materials for the extension of CUP 258(A) was sent in error. No
Conditional Use Permit extension is required at this time.
If you have any questions, please call me at 760-602-4625.
Sincerely,
PAUL B. GODWIN
Planning Technician
PG:cs
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
r *
Citv of Carlsbad
Planning Departnnent
PLANNING COMMISSION
NOTICE OF DECISION
May 1, 1991
Toshio Kinoshita
La Costa Hotel and Spa
Costa Del Mar Road
Carlsbad, CA 92009
SUBJECT: CUP 258(B)/SUP 90-12/SUP 90-13 - LA COSTA HOTEL & SPA PARKING LOT
At the Planning Commission meeting of April 17, 1991, your application was considered.
The Commission voted 6-0 to APPROVE your request. 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.
I
MICHAEL JL HOLZMILLER
Planning Director
dry h
MJH:AH:vd
Endosed: Planning Commission Resolution No. 3216, 3217, 3218, & 3219
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
I
Citv of Carlsbad
March 26, 1991
Paul Graham
La Costa Hotel & Spa
2100 Costa Del Mar Rd.
Carlsbad, CA 92009
SUBJECT: CUP 258(A)/SUP 90-12/SUP 90-13 - LA COSTA HOTEL & SPA PARKING
LOT - Preliminary Staff Report
The preliminary staff report for the above referenced project will be available for you to
pick up on Friday, March 29, 1991, after 8:00 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, April^ 1991. A twenty (20) minute appointment has been set
aside for you at 9:00 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 unmounted 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 mal(e arrangements to have your
colored exhibit(s) here by the scheduled time above.
If you need additional information concerning this matter, please contact Anne Hysong,
the Project Planner, at 438-1161, extension 4477.
Assistant Planning Director
AH:GEW\lh
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
t
Citv of Carlsbad
Planning Departnnent
February 6, 1991
La Costa Hotel & Spa
Attn: Mr. Paul Graham
2100 Costa Del Mar Road
Carlsbad, CA 92009
RE: CUP 258(B)/SUP 90-12, SUP 90-13 - LA COSTA HOTEL PARKING LOT
This is to inform you that the items previously requested to make your Special Use
Permits, applications no. CUP 258(B), SUP 90-12, SUP 90-13, complete have been
received and reviewed by the Planning Department. It has been determined that the
application is now complete for processing. Although the initial processing of your
application may have already begun, the technical acceptance date Is acknowledged by
the date of this communication.
Please note that although the application is now considered complete, there may be
issues that could be discovered during project review and/or environmental review. Any
issues should be resolved prior to scheduling the project for public hearing. In addition,
the City may request, in the course of processing the application, that you clarify, amplify,
correct, or othenA/ise supplement the information required for this application.
The Planning Department will begin processing your application, as of the date of this
communication. Please contact Anne Hysong, at (619) 438-1161 ext. 4457, if you have
questions or wish additional information.
Sincerely,
MICHAEL J. HOLZMILLER
Planning Director
MJH:AH:km
cc: Gary Wayne
Robert Greene
Erin Letsch
Bob Wojcik
File Copy
Data Entry
Rick Engineering
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
TO:
FROM:
DATE:
SUBJECT:
PRESENT:
1959 Palomar Oaks Wa\
Suile 200
Carlsbad.CA 92009
(619)431-8200
FAX:(619)93I-1551
File
Christie Caldarella
October 30, 1991
RICK ENGINEERING COMPANY
7
?ORT^J-11347-EO 11347-H TELEPHONE CONFERENCE REPO
LA COSTA HOTEL PARKING LOT
Anne Hysong, City of Carlsbad
Christie Caldarella, Rick Engineering Company
Anne said she was returning the revegetation plan to the architect
for his signature and certification. I explained to Anne that the
revegetation could not begin until after the parking lot was
constructed. This is due to the fact that we are cutting a
"channel" in the slope abutting the creek.
Anne agreed that certification of the revegetation should wait
until after the "channel" is completed.
CMC:emn.006
cc: Paul Graham, La Costa Hotel & Spa
Anne Hysong, City of Carlsbad
Martin Lauber, City of Carlsbad
Robert C. Ladwig, Rick Engineering Company
Carlsbacj
Municipal Water District
5950 El Camino Real, Carlsbad, CA 92008
Engineering: (619) 438-3367
Administration: (619) 438-2722
Fax: (619) 431-1601
April 5, 1991
City of Carlsbad
Planning Department
2075 Las Palmas
Carlsbad, California 92009
To: Lorraine Homer, Planning Department
From: Jerry Whitley, Associate Engineer-CMWD
Subject: D.^C. Meeting of April 8, 1991, District Comments on
CUP 258(B)/SUP 90-12/SUP 90-13 - La Costa Hotel and Spa
Parking Lot Conditions - CMWD Project (Misc.)
COMMENT NO. 1
On Page 2, Condition No. 3 - Is this still a true statement?
COMMENT NO. 2
On Page 2, Condition No. 4 - Should not the District
establish water availability? Reclaimed or potable? Or?
COMMENT NO. 3
Pursuant to Mike Grim's letter of March 27, 1991 and the use
of District's Standard Condition as recommended by the City
Attorney's- Because this will not require a building
permit/occupancy, we suggest the following revision:
"This project is approved upon the expressed condition
that the grading permits will not be issued for
development of subject property unless the Water
District serving the development determines that
adequate water and service is available at the time of
application for water service and will continue to be
available until time of occupancy and/or use".
"Serving Carlsbad for over 35 years"
Page 2
Lorraine Homer, Planning Department
April 5, 1991
COMMENT NO. 4
ADD CONDITION; The applicant shall meet with the District
Engineer and establish use of potable and
non-potable water use for project and shall
submit preliminary system layout for review
and approval.
Very truly.yours,
F. JfeEtry Whit'ley
Assocaate Engineer, CMWD
FJW:jm
Citv of Carlsbad
F*lannma| Department
April 4, 1991
Ms. Leslie Terry
Rick Engineering Co.
1959 Palomar Airport Road
Suite 200
Carlsbad, CA 92009
Dear Leslie,
Per our discussion this morning, I am returning the La Costa Parking Lot Water
Conservation Plan with comments from Larry Black. Larry has indicated that the following
additional items must be addressed:
Following are needed: (Per Manual, page 8)
1. Indicate percentage (of Zone 1 planting) of the total landscaped area (as defined
in Appendix "H" of Manual).
2. Indicate if soil will be "suitably amended so as to retain relatively greater moisture"?
3. Indicate accommodations for reclaimed water (existing or future) and outline
planting areas proposed to use reclaimed water.
4. Indicate if drip or trickle Irrigation will be used.
5. Utilize as many low water demand plants as is reasonable to do so.
6. Indicate 3" of mulch will be used In non-turf areas to reduce moisture loss.
7. Indicate that moisture sensors will be used in lawn area.
As required by Condition No. 4 of Resolution 3218, the Water Conservation Plan will be
required prior to building or grading plan issuance if the project is approved.
If you have any questions, please call me at (619) 438-1161, extension 4329/4457.
Sincerely,
ANNE HYSON
Assistant Planner
AH:lh
Terry.ltr
2075 Las Palmas Drive - Carlsbad, California 92009-4859 • (619) 438-1161
Citv of Carlsbad
December 7, 1990
Mr. Bob LadwiglJohn Rick
Rick Engineering Company
1959 Costa Del Mar Road
Carlsbad, CA 92009
PROJECT: SUP 90-13 - LA COSTA HOTEL PARKING LOT
Please see below a list ofthe decisions made and issues discussed at our meeting on November
29, 1990.
Planning:
1. An updated site plan will be submitted showing all structures, uses, and square footage
of each sinicture. The aerial photo proposed as a substitute site plan is not acceptable
except to supplement the site plan.
2. Triangular planters are acceptable instead of the center island planters.
3. The proposed lighting will be shown on the site plan.
4. I agreed to look again at the site to determine whether any additional landscaping is
necessary beyond the berms and landscaping proposed along El Camino Real Paul
Graham indicated that Pine Trees are unacceptable to him and a preliminary landscape
plan will be submitted proposing a different type of tree. Also, the proposed mounding
will be included on the site plan.
Engineering:
1. National Pollutants Discharge Elimination System. Mr. Rick and Mr. Ladwig indicated
confidence in their expertise to propose a suitable system.
2. Curb drains. Resolved on new site plan.
3. End space. Resolved as no issue.
4. Conditions envisioned. Discussion clarified the possible need for easements for traffic
signal equipment and traffic detector loops. It was explained that the final wording of
the condition would be along the lines of a similar condition in the Laundry Facility
project recently approved by the Planning Commission.
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
i 0^ %
SUP 90-13 - LA COSTA HOTEL PARKING LOT
DECEMBER 5, 1990
PAGE 2
The Supplemental issues will be satisfactory resolved as follows:
1. Mr. Paul Graham indicated that the culvert beneath El Camino Real has been cleaned
out, substantially reducing the flood hazards.
2. Mr. Ladwig indicated that a system of early warning of rising water would be set up.
3. Mr. Graham agreed that the entire area would be closed during flood episode warnings.
4. Agreement was reached to install appropriate signage warning of flood hazards.
NOTE: Any warning signage will have to meet the approval of the Planning Director and
City Engineer.
Please contact me at 438-1161, exL 4457 if there have been any misunderstandings regarding
the above.
Sincerely,
ANNE HYS
Assistant Planner
AH:km
c: Bob Wojcik
File Copy
1959 WmiMiii Oak.s Wav
Suilc 2(10
Carlsbaci, CA 'J2009
(619)431-8200
FAX: (619)931-1551
RICK ENGINEEIUNG COMPANY
TO: File
FROM: John W. Rick
DATE: November 29, 1990
SUBJECT: CONFERENCE REPORT J-11347
LA COSTA HOTEL & SPA PARKING FACILITY
PRESENT: Paul Graham, La Costa Hotel and Spa
Jim Davis, City of Carlsbad
Anne Hysong, City of Carlsbad
Robert C. Ladwig, Rick Engineering Company
Bill Miyawaki, Rick Engineering Company
John W. Rick, Rick Engineering Company
Rick Engineering Company (REC) will prepare a mylar photo exhibit
showing building uses and room count or square footages.
REC will prepare language conditioning the lot to be closed during
potential flooding periods. This will resolve all conditions
concerned with floating cars and lagoon pollution.
REC will propose language for flood warning signs.
REC will prepare a statement for the City stating the proposed
project will not increase A.D.T.
REC will revise the plan to preserve the Acacia trees on El Camino
Real and propose a series of diamond planters between parking
stalls.
Anne Hysong will visit the site to review the screening by
mounding.
Everybody left the meeting confident that, with the changes above,
this project is achievable.
JWR:emn.003
cc: All Attendees
Ms. Lesley Terry, Rick Engineering Company
Citv of Carlsbad
Planning Department
October 26, 1990
La Costa Hotel & Spa
2100 Costa Del Mar Road
Carlsbad, CA 92009
ATTN: MR. PAUL GRAHAM
SUBJECT: SUP 90-13/SUP 90-12 LA COSTA PARKING LOT
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed
your Special Use Permits, application no. SUP 90-12/SUP 90-13, as to its completeness for processing.
The apphcation is incomplete. Attached are two hsts. The first hst is information which must be submitted
to complete your apphcation. All list items must be submitted simultaneously at the Commimity
Development Bmlding counter, and to the attention of Erin Letsch. A copv of this list must be included with
your submittaL No processing of your apphcation can occur until the apphcation is determined to be
complete. The second hst is issues of concem to staff. When ail required materials have been submitted as
outlined above, the City has 30 days to make a determination of completeness. If the apphcation is
determined to be complete, processing for a decision on the apphcation wiU be initiated. In addition, please
note that you have six months from the date the apphcation was initiaUy fUed, September 26, 1990, to either
re-submit the apphcation or submit the required information. Failure to resubmit the apphcation or to
submit the materials necessaiy to determine your apphcation complete shaU be deemed to constitute
withdrawal of the apphcation. If an apphcation is withdrawn or deemed withdrawn, a new apphcation must
be submitted.
Please contact your staff plarmer, Anne Hysong, at (619) 438-1161 extension 4457/4329, if you have any
questions or wish to set up a meeting to discuss the apphcation.
Sincerely,
r^CHAEyj. HOLZMILmi
Planning Director
MJH:AH/lh
c: Gary Wayne
Robert Green
Erin Letsch
Bob Wojcik
FUe Copy
Data Entry
2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161
t UST OF ITEMS NEEDED
TO COMPLETE APPUCA'HON:
No. SUP 90-12/SUP 90-13
PLANNING:
1. Project requires the submittal of a Conditional Use Permit Amendment (CUP 258).
ISSUES OF CONCERN
PLANNING:
1. You have specified on the apphcation that this parking lot is a relocation of an existing employee
parking lot. Clearly show on the site plan you submit with the Conditional Use Permit which existing
parking lot is being relocated and for what purpose. What is intended for the existing parking lot
site(s).
2. Double loaded parking stalls should be separated by center 9' islands landscaped if 2.5' overhang is
proposed for standard spaces. Center islands may be 5' between compact spaces where no overhang
is permitted. Landscaped islands separating parking staUs should be a minimum of 5' including curb.
Plan specifies 5' however, they are drawn approximately 3' wide.
3. Provide a table showing e:dsting and proposed parking for the entire facihty including a table
defining the number required by use and the number to be provided.
4. Change page 7 of EIA Part I to specify the CUP requirement.
5. Show proposed hghting on the parking lot site plan.
6. Provide evidence substantiating how a 100 year flood in which 500 cars could potentially be partially
immersed in flood water would not create a significant impact on water quahty in San Marcos Creek
and Batiquitos Lagoon.
7. The landscaping you are proposing in the area between El Camino Real and the parking lot should
include street trees at 40' intervals along El Camino Real. Propose mounding 4' higher with
additional pines spaced 30' at top and to the east of the top of mound along the entire 300'. Trees
to parking space ratio witiiin the parking lot is 511.
ENGINEERING:
1. In order to meet the requirements of the National Pollutants Discharge Elimination System Permit,
we suggest you intercept the low flow ("first flush") drainage. This drainage should be conducted
to a "grassy swale" of some length before discharging into San Marcos Creek. High flows may drain
directiy to the creek.
2. Two drains through curbed islands are missing.
3. One end space at SE comer of site lacks a 5 foot backup clearance.
4. Some of the conditioned envisioned for this project are as foUows:
A. Prior to the issuance of any permits, the developer shah enter into a future improvement
agreement for the design and constmction of improvements on El Camino Real and La Costa
Avenue as foUows:
1. El Camino Real to one-half width prime arterial street standards plus fuU width median
from Arenal Road to the southerly line of the parcel on which the project is located.
t 2. A fuU intersection traffic signal at El Camino Real and Costa Del Mar Road (private) with
a hard wire traffic signal intercoimect and equipment between Costa Del Mar and La
Costa Avenue.
3. La Costa Avenue to one-half width secondary arterial street standards along the frontage
of the parcel on which the project is located.
4. Any or aU of the above improvements shaU be constmcted at such time as required by
the City Engineer.
B. Prior to issuance of any permits, the developer shaU submit an executed easement document to
the City for necessary hardware instaUation of the traffic signal on Costa Del Mar Road at El
Camino Real.
C. Prior to hauhng dirt or constmction materials to any proposed constmction site within this
project the developer shall submit to and receive approval from the City Engineer for the
proposed haul route. The developer shaU comply with aU conditions and requirements the City
Engineer may impose with regards to the hauling operation.
SUPPLEMENTAL ISSUES:
Engineering is concerned regarding poUution to Batiquitos Lagoon from this project. Parked cars in the flood
plain would contribute a large quantity of oil, gasoline and possibly other poUutants during a flood episode.
Also, at issue is the possibihty of floating cars and debris from cars endangering safety to people and
property.
The floodhne from a 100 year flood is approximately 13 to 14 feet in elevation across the proposed lots.
The highest lot elevation is 10.4 feet and the lowest is 7.4 feet. It can be seen that floatation of oUs,
gasoline and other hghter than water elements is a real possibihty.
The apphcant should develop a plan to the satisfaction of the Planning Director and City Engineer that
would warn potential users of parking lot to not park there during eminent flood episodes. The lot should
also have signs posted warning that the lot is subject to flooding such as:
"WARNING, FLOOD DANGER. THIS LOT IS SUBJECT TO FLOODING. THE POSSIBLE
FLOODING MAY BE AS HIGH AS * FEET ABOVE THIS LOCATION.
* With the flood height at each location.
MS') I'ai,,lii;tl C).iks
.SiiiK- 201)
C.ilM'ail. CA ^)20()')
(6141 4 V, S.ll;(i
•
Ri( :K EM ii: KI^RINC; CJOMPANY
September 19, 1990 SEP 2'1 1990
Mr. Lloyd Hubbs
City Engineer
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, California 92009-4859
SUBJECT: S.U.P. FOR LA COSTA HOTEL AND SPA EMPLOYEE PARKING LOT
(RICK ENGINEERING JOB NO. 11347-F)
Dear Lloyd:
We have been requested to provide confirmation that we will provide
certification in conformance with the Carlsbad Municipal Code in
regard to the above-referenced project. The following will be
provided to meet the City's code:
Section 21.110.150(4) of the Carlsbad Municipal Code, containing
Floodplain Management Regulations specifies the following
certifications be obtained and maintained for public inspection.
The following outlines the applicability of each certification to
the La Costa Hotel and Spa Employee Parking Lot.
A. Floor Elevations - New construction shall have the lowest floor
elevated to or above the base flood elevation. Per Section
21.100.160(3)(A), this certification is to be provide after
completion of the structure.
Project does not propose any structures.
B. Elevations in Areas of Shallow Flooding - Certification
required, per Section 21.110.160(3)(B), in Zone AO or VO only.
Project site is located in Zone A.
C. Elevations of Nonresidential Structure - Certification
required, per Section 21.110.160(3)(C), for nonresidential
structure.
Project does not propose any structures,
Mr. Lloyd Hubbs
September 19, 199 0
Page 2
D. Wet Floodproof ing Standard - Requires that all new
construction, that are subject to flooding, be designed to
automatically equalize hydrostatic flood forces. Designs for
such to be certified, per Section 21.110.160(3)(D).
Project does not propose any structures.
E. Subdivision Standards - Requires that final subdivision plans
will provide the elevation of proposed structures and pads.
Grading plans submitted and certified by a Registered Civil
Engineer demonstrate elevations for both finished grade and
finished floor above the Base Flood Elevation. Section
21.110.180(b), further requires for sites filled above the base
flood, the final pad elevation shall be certified by a
Registered Professional Engineer.
Project is not a part of a proposed final map.
F. Coastal Commission Standards - Requires certification of
construction in floodways, per Section 21.110.200(1).
Project site is not located in a floodway.
G. Mudflow Standards - Requires certification for properties
located in Zone M, per Section 21.110.220(d).
The project is located in Zone A.
The above is conditioned on Rick Engineering Company providing the
design engineering, field staking and as-builts of the work
involved.
Please call if you need additional information or have any
questions.
Sincerely,
RICK ENGINEERING COMPANY
Barry C. Bender
BCB:LT:rab.003
cc: Mr. Paul Graham, La Costa Hotel and Spa
0 N (Wvl APPLICATION CWvlPLETE DATE:
FEBRUARY 6. 1991
STAFF REPORT ®
DATE: APRIL 17, 1991
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: CUP 258rB)/SUP 90-12/SUP 90-13 - LA COSTA HOTEL & SPA PARKING
LOT - Request for Special Use Pennits and an amendment to a Conditional
Use Permit to add a parking lot to the existing hotel and spa resort in the
San Marcos Creek floodplain and El Camino Real Scenic Corridor in the PC
and RP Zones in Local Facilities Management Zone 6.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Conmiission Resolution No. 3216
APPROVING the Conditional Negative Declaration issued by the Plarming Director
and ADOPT Planning Commission Resolution No's. 3217, 3218 and 3219,
APPROVING CUP 258(B), SUP 90-12, and SUP 90-13 based on the findings and
subject to the conditions contained therein.
II. PRQJECT DESCRIPTION AND BACKGROUND
The applicant is requesting approval of a Conditional Use Permit amendment to add
a 500 space parking lot to the existing La Costa Hotel and Spa resort to be located
within the San Marcos Creek floodplain and the El Camino Real Scenic Corridor.
CUP 258, approved on October 10,1984, was required due to the large assemblages
of people and automobiles at the resort during major sports events. The proposed
parking lot is located in Zone A (subject to a 100 year flood) of the Federal
Emergency Management Agency's (FEMA) maps denoting areas of special flood
hazards. The Floodplain Management Regulations Ordinance requires approval of
a Special Use Pennit for any development within a special flood hazard area. The
proposed lot is also subject to the El Camino Real Corridor development standards
for Area 5 which require approval of a Special Use Permit prior to development.
The previously graded and denuded 5.7 acre site located south of the Costa del Mar
Road entrance, east of El Camino Real, and north of San Marcos Creek has been
used for overflow parking during aimual major sports events. Access to the parking
90-13 CUP 258(B)/SUP 90-12!
LA COSTA HOTEL & SPA PARKING
APRIL 17, 1991
PAGE 2
lot is provided by Costa del Mar Road and a 24 foot vdde service road which also
provides access to the new recently approved laundry facility and maintenance
buildings all located within the floodplain. There are cunently 758 parking spaces
provided at the resort. The proposed parking lot v\dll serve La Costa Hotel's
employees who currently park in the northern lot located between Arenal Road and
Estrella del Mar Road as well as provide additional parking during annual major
sports events hosted by the resort which draw large numbers of spectators.
m. ANALYSIS
Planning Issues:
1. Is the project consistent wdth the Recreation Commercial and Residential
High Density/Office General Plan Designation and the Plaimed Community
(PC) and Residential Professional (RP) Zones?
2. Can the four findings required for a Conditional Use Pennit amendment 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; and
d. That the street system serving the proposed use is adequate to
properly handle all traffic generated by the proposed use.
3. Is the proposed project consistent with the Floodplain Management
Regulations?
4. Does the proposed development comply with the El Camino Real Corridor
development standards for Area 5?
^if^ 90-13 CUP 258(B)/SUP 90-12:
LA COSTA HOTEL & SPA PARKING
APRIL 17, 1991
PAGE 3
DISCUSSION
GENERAL PLAN AND ZONING
The proposed parking lot addition to the existing La Costa Hotel and Spa resort is
in compliance with the Recreation Commercial and Office General Plan Designations
and the underlying PC and RP Zones since the use is accessory to the approved
Hotel and Spa.
HNDINGS REQUIRED TO GRANT A CONDITIONAL USE PERMTT
The proposed 500 space parking lot addition is necessary and desirable for the
development of the community, is in harmony v\ath the various elements of the
General Plan, and is not detrimental to sunounding land uses since it is accessory
to a recreational commercial resort and provides additional parking to serve the
needs of the existing resort as well as the additional parking demand created by
major annual sports events held at the La Costa Hotel & Spa resort.
The 5.7 acre site is adequate in size and shape to accommodate the 500 space
parking lot since it complies with City standards and zoning requirements regulating
parking stall size, aisle width, setbacks, and landscaping.
All necessary setbacks and landscape screening from El Camino Real have been
provided to adjust the parking lot to existing development. The parking lot consists
of 30% landscaping including additional berming along El Camino Real to screen
the parking lot from view.
No additional traffic will be generated by the proposed use, however, the proposed
parking lot will provide additional parking for major sports events hosted by the
resort which should help alleviate any traffic impacts to the street system serving
La Costa Hotel and Spa.
FLOODPLAIN MANAGEMENT REGULATIONS ORDINANCE
The proposed parking lot, located in the San Marcos Creek floodplain, is subject to
the Floodplain Management Regulations Ordinance. Required findings include a
determination that the proposed development is subject to a 100 year flood
inundation, that compliance with specified construction standards will ensure that
the site is reasonably safe from flooding, and that the proposed development will
not adversely impact other properties by increasing the base flood elevation (BFE),
The proposed finished grade of the parking lot at its lowest elevation is
approximately 7.5 feet below the BFE. The BFE was determined by a HEC-2
analysis prepared for this project by Rick Engineering Co. This BFE has been
confirmed by another independent analysis. No structures requiring compliance
CUP 258(B)/SUP 90-12^^ 90-13
LA COSTA HOTEL & SPA PARKING
APRIL 17, 1991
PAGE 4
with floodplain construction standards are proposed. The proposed lot will not
adversely impact other properties since it will not increase the BFE in fact, the area
of inundation is somewhat reduced as shovm on Exhibit "B" due to excavation.
Due to StafFs concems regarding potential property damage, the applicant will
develop a plan to notify potential parking lot users through signage that the lot is
located in a flood hazard area and a procedure for notifying users of eminent flood
episodes and lot closure as needed.
EL CAMINO REAL CORRIDOR STANDARDS
The project complies with the El Camino Real Development Standards for Area 5
by providing the required setback, berming and landscape screening from El Camino
Real. Proposed grading for the project does not exceed the maximum of 10' of cut
or fill from existing grade allowed for this area. Although not required by the El
Camino Real Corridor Standards, the majority of parking lot lighting is provided by
bollards to reduce glare along the roadway,
GROWTH MANAGEMENT
The subject property is located within Local Facilities Management Zone 6. The
proposed parking lot is accessory to the existing La Costa Hotel and Spa and will
create no impacts on public facilities.
IV. ENVIRONMENTAL REVIEW
The Planning Director has determined that the project could have a significant effect
on the environment, however, there will not be a significant effect in this case since
the mitigation measure described in the initial study has been added to the project.
A Conditional Negative Declaration, issued on March 7,1991, was sent to the State
Clearinghouse and no comments have been received to date.
ATTACHMENTS
1. Planning Commission Resolution No. 3216
2. Planning Commission Resolution No. 3217
3. Planning Commission Resolution No. 3218
4. Planning Commission Resolution No. 3219
5. Planning Commission Resolution No. 2366
6. Plaiming Commission Resolution No. 2678
7. Disclosure Statement
8. Location Map
9. Background Data Sheet
10. Exhibit "A" - "C", dated April 17, 1991
AH:lh
March 21, 1991
NOTICE OF COMPLETION
Mail to: State Clearinghouse, 1400 Tei et, Rm. 121, Sacramento, CA 958U - 916/
Project Title: La Costa Hotel and Spa Parking Lot - CUP 258(A)/SUP 90-12/SUP 90-13
Lead Agency: Citv of Carlsbad Contact Person: Anne Hysong
Street Address: 2075 Las Palmas Drive Phone: (619) 438-1161
City: Carlsbad Zip: 92009 County: San Diego
See NOTE Below:
SCH #
PROJECT LOCATION:
County: San Diego City/Nearest Connunity: Carlsbad
Cross streets: El Camino Real/La Costa Avenue Total Acres:
Assessor's Parcel No. 216-123-05/217210-04 Portion of 216-123-06 Section: 35 Twp. T12S Range: R4W
Within 2 Miles: State Hwy if: 1-5 Waterways: San Marcos Creek
Base:
Airports: RaiI ways: Schools:
DOCUNENT TYPE
CEQA: NOP
Early Cons
Neg Dec
Draft EIR
Supplement/Subsequent
EIR (Prior SCH No.) _
Other
NEPA: NOI
EA
Draft EIS
FONSI
OTHER: Joint Document
Final Document
Other
LOCAL ACTION TYPE
General Plan Update
General Plan Amendment
General Plan Element
Community Plan
Specific Plan
Master Plan
Planned Unit Development
site Plan
Rezone
Prezone
X Cond. Use Permit Amend.
Land Division (Subdivision,
Parcel Map, Tract Map, etc.)
Annexation
Redevelopment
Coastal Permit
X Other Special
Use Permit
DEVELOPMENT TYPE
Residential:
Office:
Commercial:
Industrial:
Educational
Recreational
Units _
Sq. Ft.
Sq. Ft.
Sq. Ft.
Acres
Acres
Acres
Acres
Employees
Employees
Employees
MGD Water Facilities:
Transportation:
Mining:
Power:
Waste Treatment:
Hazardous Waste:
Other: Addition of a parking lot to an existing
hotel resort.
Type
Type
Mineral
Type
Type
Type
Watts
PROJECT ISSUES DISCUSSED IN DOCUMENT
Aesthetic/Visual
Agricultural Land
Air Quality
Archaeological/Historical
Coastal Zone
X_ Drainage/Absorption
Economic/Jobs
Fiscal
Flood Plain/Flooding
Forest Land/Fire Hazard
Geologic/Seismic
Minerals
Noise
Population/Housing Balance
Public Services/Facilities
Recreation/Parks
Schools/Universities
Septic Systems
Sewer Capacity
Soil Erosion/Compaction/Grading
Solid Waste
Toxic/Hazardous
Traffic/Circulation
Vegetation
Water Quality
Water Supply/
Ground Water
Wet Iand/R i par i an
Wildlife
Growth Inducing
Landuse
Cumulative Effect
Other
Present Land Use/Zoning/General Plan Use
Hotel/Resort/Zone: C-2 (Commercial)/General Plan: RC (Recreation Commercial)
Project Description
MOTE: Clearinghouse will assign identification numbers for all new projects,
from a Notice of Preparation or previous draft document) please fill it in.
If a SCH number already exists for a project (e.g.
Revised October 1989
AH: km
LA COSTA HOTEL & SPA CUP 258(B)/SUP 90-12/
PARKING LOT SUP 90-13
^ACKGROUND DATA SHEET
CASE NO.: CUP 258(B)/SUP 90-12/SUP 90-13
CASE NAME: LA COSTA HOTEL AND SPA
APPLICANT: LA COSTA HOTEL AND SPA
REQUEST AND LOCATION: REOUEST FOR A CONDITIONAL USE PERMIT
AMENDMENT AND SPECIAL USE PERMITS TO ALLOW THE CONSTRUCTION OF A
PARKING LOT WITHIN THE SAN MARCOS CREEK FLOODPLAIN AND THE EL CAMINO
REAL CORRIDOR.
LEGAL DESCRIPTION: PORTION OF LOT 14 OF SECTION 35. TRS. R4W
APN: Portion of 206-123-05. 06/206-210-00 Acres 5.7 Proposed No. of Lots/Units NA
(Assessor's Parcel Number)
GENERAL PLAN AND ZONING
Land Use Designation RC/0
Density Allowed NA Density Proposed NA
Existing Zone PC/RP Proposed Zone NA
Sunounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning
Requirements)
Zoning Land Use
Site PC/RP LA COSTA HOTEL & SPA RESORT
North _C2 LA COSTA HOTEL & SPA RESORT
South _C2 SAN MARCOS CREEK/COMMERCIAL CENTER
East ^PC TENNIS COURTS & LAUNDRY FACILITY
West _PC VACANT/EL CAMINO REAL
PUBLIC FACILITIES
School District CARLSBAD Water District CARLSBAD Sewer District LEUCADIA
Equivalent Dwelling Units (Sewer Capacity) _0
Public Facilities Fee Agreement, dated SEPTEMBER 14. 1990
ENVIRONMENTAL IMPACT ASSESSMENT
X Conditional Negative Declaration, issued MARCH 7. 1991
Certified Enviroimiental Impact Report, dated
Other,
AH:lh:rvo
CUP258B.bac
PROJECTNAME: La Costa Hotel & Spa Parking Lot
APPROVAL DATE: March 7. 1991
FILE NUMBERS: CUP 258fA)/SUP 90-12. 13
EIR OR CONDITIONAL NEG. DEC: Conditional Negative Declaration
The foUowing environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified
environmental unpacts to a level of insignificance. A completed and signed checkhst for each mitigation measure indicates that tiiis mitigation
measure has been comphed with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Pubhc
Resources Code Section 21081.6).
Mitigation Measure
Monitdiihg
Type
Monitoring
Department
Shown on
Plans
Verified
Implementation Remarks
Revegetation of San Marcos Creek along
creek sides within area of vegetation
removal with hydroseed mix specified under
mitigation measures of EIA Part II.
Project Planning Revegetation required
prior to issucuice of
grading pennit.
Explanation of Headings
Type = Project, ongoing, cumulative.
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure.
Shown on Plans = When mitigation measure is shown on plans, this colunm will be initialed and dated.
Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated.
Remarks = Area for describing stams of ongoing mitigation measure, or for other information.
RD-AppendxP AH:rvo
CUP258A.MON