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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