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HomeMy WebLinkAboutCUP 304; Lincoln Savings & Loan; Conditional Use Permit (CUP)CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALlFORNfA 92008 438-5621 REC'D FROM. DATE. 1-2^:37 ACCOUNT NO. DESCRIPTION AMOUNT CfO A^^^y^^ 0033 01/26 01 01 OSMisc 75.00 /isr • \i V* # -•fCglTNO. TOTAL ,JA Oo LAND U8# PLANNING yf^PI-ICATIClN DISCRETIONARY ACPIONS REQUEST QZone Change • General Plan Amendment • Tentative Tract Map • Major Planned Unit Develc^jment • Master Plan • Major Redevelcpment Pennit • Minor Redevelcpnent Pennit • Precise Develcpnent Plan (check other boxes if appropriate) 52lSpecific Plan A^A^^^ •Site Development Plan £2Conditional Use Permit •Variance •Planning Comnission Detennination •Special Use Pennit •Structure Relocation •Major Condaninium Pennit •Coastal Pennit (Portion of Redevelopment Area Only) Coiplete Description ot Project (attacii additional sheets if necessary) f\\yA ID Legal Description (ccrrplete) Z ^ f y^ ( es, 7AAAAA [Assessors Parcel Number ' Zone ' n (General Plan Parcel IQ-i ((i>0 7-7 3ors Existing Land Use Shopping Center presently under construction C-2 RRI Prcposed Zone Proposed General Plan Site Acreage 16.9 Owner Applicant Name (Print or Type) SGPA Planning & Architectur e for Lincoln Savings Name (Print or Type) Hughes North County Associates, a Q General Partnership Mailing Address 1565 Hotel Circle South, Suite 200 Mailing Address Two Corporate Plaza, Suite 250 "zip City and State _ Telephone (714) 759-9531 Newport Beach, CA 92660 City and State Zip Telephone San Diego, CA 92108 (619) 297-0131 I CERTIFY THAT I AM THE OWNER'S REPRESENTATIVE| AND THAT ALL IHE ABOVE INFORMATICS} IS TRUE AND CORRECT TO THE BEST CF MY K^30WI£DGE. I CERTIFY IHAT I AM THE IBGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIQNATURE DATE SIGNATURE Received,By DATE Reoeipt No. li^^ion Bec*d bate Applicaiticx} Rec'd 'i Assigned HAO.OO cup /. SPECIFIC REQUIREMENTS General Plan Amendment/Zone Change TT Application Form 2. One copy of General Requirement Items F-O 3. Reproducible 1:500 scale map of subject property showing requested zoning and surrounding zoning and land uses. 4. Fee: General Plan Amendment $765.00 + $5.00 per lot or acre, whichever is higher. Zone Change: $655.00 Master Plan/Specific Plan TT Application Form 2. General Requirement Items: - fifteen (15) copies of items B-D * - one copy of items E-S 3, Fee: Master Plan $1,635.00 + $5.00 per/acre Specific Plan $1,090.00 Master Plan Amendment: Major $545.00 + 5.00 acre Minor $185.00 + 2.00 acre Specific Plan Amendment: Major $440.00 Minor $ 75.00 Tentative Tract Map TT Application Form 2. General Requirement Items fifteen (15) copies of item A * one copy of items E-S 3. Fee: $530.00 (1-25 lots or units) $765.00 (26-100 lots or units) $1,310.00 (100 + lots or units) Revision: $330.00 (1-25 units or lots) $545.00 (26-100 units or lots)- $765.00 (100+ units or lots) $150.00 Revision that does not change design of subdivision Major Planned Development (5 or more units) 1. Application Form 2. General Requirement Items: fifteen (15) copies of items B-D * one copy of items E-S 3. Conversion to Condominiums - list of names and addresses of all tenants of the project, proof of notification of the tenants 60 days prior to filing tentative map. ADDITIONAL FIFTEEN (15) COPIES TO BE SUBMITTED WHEN ISSUES ARE RESOLVED ALONG WITH FINALIZED READABLE REDUCED EXHIBITS (8 1/^" X ITH 4 CITY OF CARLSBAD ^ 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 438-5621 REC'D FROM 141 ^-^y^:^ yc/...yK (.y-!'--'-^^ A / ^ --7 ^ V , -. DATE / J-yA • ,^y ACCOUNT NO. yuO? '>riL i,'.'. DESCRIPTION •^•^^^*^^i*buNf^';^'^^^ :A7'yA^-Ac rr.,.. •^•^Ak// ^: ijAiy - - ^ ^••^•^^ j ! i j RECEIPT NO. 65618 TOTAL DISCLOSORB FORM APPLICANT: Lincoln Savings & Loan Association, A California Corporation Name (individual, partnership, joint venture, corporation, syndication) 18200 Von Karman, Irvine California 92715 Business Address (714) 553-0200 Telephone Number AGENT: SGPA Planninq & Architecture Name 1565 Hotel Circle South, Suite 200 San Diego, California 92108 Business Address (619) 297-0131 Telephone Number MEMBERS: ThomaS V. Hott, Vice President 26852 Via Victoria, Mission Viejo Name (individual, partner, joint venture, corporation, syndication) Hone Address CA y^ibyi 18200 Von Karman, Irvine California 92715 Business Mdress (714) 553-0200 Telephone Nunber Telephone Nunber Name Home Mdress Business Mdress Telephone Nunber Telephone Number (Atteich more sheets if necessary) The applicant is required to ai^ly for Coastal Commission Approval if located in the Coastal lone. I/We declare under penalty of perjury that the infonnation contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct intil amended. LINCOLN SAVINGS & LOAN ASSOCIATION ^ APPLICANT f-AA^./z.-P. Aqent, CXmer, Partner LINCOLN SAVINGS & LOAN ASSOCIATION 18200 Von Karman Avenue Irvine, California 92715 Officers and Directors Andre A. Niebling, CP.A. Chairman of the Board Chief Executive Officer 6000 Bernell Paradise Valley, AZ 85253 Robert J. Hubbard, Jr., J.D. Director, President 4723 East Saguaro Place Paradise Valley, AZ 85253 Judy J. Wischer, CP.A. Director 6216 North 47th Place Paradise Valley, AZ 85253 Charles H. Keating, III Director 2302 East Bethany Home Road Phoenix, AZ 85016 Andrew F. Ligget, CP.A. Director 6252 East Beverly Lane Scottsdale, AZ 85254 Sheldon K. Welner, CP.A. Executive Vice President 5321 East Sahuaro Drive Scottsdale, AZ 85254 Kathleen J. Rub ino, CP. A. Senior Vice President, Chief Financial Officer 5254 East Paradise Lane Scottsdale, AZ 85254 Gary H. Crow Senior Vice President One Nantucket Irvine, CA 92720 Ray C. Fidel Senior Vice President 308 Lugonia Newport Beach, CA 92663 M. Kathyrn Leary, CP.A. Senior Vice President 2254 South Gaucho Mesa, AZ 85202 Robin S. Symes, Ph.D. Executive Vice President, Managing Officer 24182 Vista D'Onde Laguna Niguel, CA 92677 Mark S. Sauter, J.D. Vice President, General Counsel, Secretary 7562 East Windrose Drive Scottsdale, AZ 85260 Bruce F. Dickson, CP.A. Executive Vice President, Chief Lending Officer 6311 East Montecito Avenue Scottsdale, AZ 85251 Roger C. Camp, CP.A. Vice President 609 East 7th Place Mesa, AZ 85203 Christopher J. Chambers, Vice President 4750 North 65th Street Scottsdale, AZ 85251 Donald H. Donnelly Vice President 9802 East Mission Lane Scottsdale, AZ 85258e J.D. James J. Grogan, J.D. Vice President 10326 East Bella Vista Scottsdale, AZ 85258 Thomas V. Hott Vice President 26852 Via Victoria Mission Viejo, CA 92657 Timothy P. Kruckeberg, CP.A. Vice President 6602 East Juniper Avenue Scottsdale, AZ 85254 Timothy N. Morrison, M.A.I. Vice President 128 West Marlette Avenue Phoenix, AZ 85013 Robert J. Mulhern Vice President 3851 Fenn Street Irvine, CA 92714 Carol K. Murray, CP.A. Vice President 130 West San Juan Phoenix, AZ 85013 Mark G. Sauder, CP.A. Vice President 8347 Via Dorado Scottsdale, AZ 85258 Ronald A. Sova Vice President 11 East Orange Grove #2921 Tucson, AZ 85704 David E. Stevens, CP.A. Vice President 3813 East Acoma Phoenix, AZ 85032 Cynthia S. Freshley Vice President 2421 South Emerson Circle Mesa, AZ 85202 Place of Incorporation: California Number of Shareholders (1) First Lincoln Financial, a subsidiary of Lincoln Savings & Loan Association. TICOR TITL6 INSURANCE Policy of Title Insurance SUBJECT TO THE EXaUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, a California corporation, herein called the Connpany, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the annount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title, 3. Lack of a right of access to and from the land; 4. Unmarketability of such title, 5. The invalidity or unenforceability of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity or unenforceability, or claim thereof, arises out of the transaction evidenced by the insured mortgage, and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 6. The priority of any lien or encumbrance over the lien of the insured mortgage, 7. Any statutory lien for labor or material which now has gained or hereafter may gain priority over the lien of the insured mortgage, except any such lien arising from an improvement on the land contracted for and commenced subsequent to Date of Policy 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; 8. Any assessments for street improvements under construction or completed at Date of Policy which now have gained or hereafter may gain priority over the insured mortgage, or 9. The invalidity or unenforceability of any assignment, shown in Schedule A, of the insured mortgage or the failure of said assignment to vest title to the insured mortgage in the named insured assignee free and clear of all liens. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA By Attest fy President Secretary TO 1056 (12-84) Anwrican Land Titla Association Loan Policy — 1970 with ALTA Endorsamant — Form 1 Coveraga (Amandad tO-17-70) CAT NO NN002S9 Schedule of Exclusions from Coverage The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or tocation of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the iand, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or govemmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not Icnown to the Company and not shown by the public records but icnown to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this Policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Poiicy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance Is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. UnenforceabiUty of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. Conditions and Stipulations 1. Definition of Twmt The following terms when used in this policy mean: (a) "insured": the Insured named in Schedule A. The term "insured" also includes (i) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of such indebtedness (reserving, however, all rights and defenses as to any such successor who acquires the indebtedness by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin or corporate or fiduciary successors that the Company would have had against the successor's transferor), and further includes (ii) any governmental agency or instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing said indebtedness, or any part thereof, whether named as an insured herein or not, and (iii) the parties designated in paragraph 2 (a) of these Conditions and Stipulations. (b) "insured claimant": an insured claiming loss or damage hereunder. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land"; the land described, specifically or by reference in Schedule C, and improvements affixed thereto which by law constitute real property, provided, however, the term "land" does no.t include any property beyond the lines of the area specifically described or referred to in Schedule C, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instru- ment. (f) "public records": those records which by law impart constructive notice of matters relating to said land. 2. (a) Continuation of Insurance after Acquisition of Title This policy shall continue in force as of Date of Policy in favor of an insured who acquires all or any part of said estate or interest in the land described in Schedule C by foreck>sure, trustee's sale, conveyance in lieu of foreck)sure, or other legal manner which discharges the lien of the insured mortgage, and if the insured is a corporation. Its transferee of the estate or interest so acquired, provided the transferee is the parent or wholly owned subsidiary of the insured; and in favor of any govemmental agency or instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage; provided that the amount of insurance hereunder after such acquisition, exclu- sive of costs, attorneys' fees and expenses which the Company may become obligated to pay, shall not exceed the least of: (i) the amount of insurance stated in Schedule A; (ii) the amount of the unpaid principal of the indebtedness as defined in para- graph 8 hereof, plus interest thereon, expenses of foreclosure and amounts advanced to protect the lien of the insured mortgage and secured by said insured mortgage at the time of acquisition of such estate or interest in the land; or (iii) the amount paid by any governmental agency or instrumentality, if such agency or instrumentality is tho insured claimant, in the acquisition of such estate or interest in satisfaction of its insurance contract or guaranty. (b) Continuation of Insurance after Conveyance of Title The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so king as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. Defense and Prosecution of Actions—Notica of Claim to be Given by an Insured Claimant (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in ail litigation consisting of actions or proceedings commenced against such insured, or defenses, restraining orders or injunctions interposed against a foreclosure of the insured mortgage or a defense inter- posed against an insured in an action to enforce a contract for a sale of the indebtedness secured by the insured mortgage, or a sale of the estate or interest in said land, to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun or defense or restraining order or Injunction is interposed as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause toss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such Insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (Conditions and Stipulations Continued and Concluded on Last Page of This Policy) Conditions and Stipulations (Continued and Concluded frona Reverse Side of Policy Face) (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which In its opinion may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured, and the Company may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provi- sion of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. 4. Notica of Loss — Limitation of Action In addition to the notices required under paragraph 3 (b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days atter such loss or damage shall have beeri determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have tjeen fumished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. Options to Pay or Otherwise Settle Claims The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment by the insured claimant and authorized by the Company. In case loss or damage is claimed under this policy by an insured, the Company shall have the further option to purchase such indebtedness for the amount owing thereon together with all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay, If the Company offers to purchase said indebtedness as herein provided, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage and any collateral securing the same to the Company upon payment therefor as herein provided. 6. Determination and Payment of Loss (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant, or (ii) the amount of insurance stated in Schedule A, or, if applicable, the amount of insurance as defined in paragraph 2 (a) hereof, or (iii) the amount of the indebtedness secured by the insured mortgage as de- termined under paragraph 8 hereof, at the time the loss or damage insured against hereunder occurs, together with interest thereon. (bl The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attomeys' fees and expenses in litigation carried on by such insured with the written authorization of the Company, (c) When liability has been definitely fixed in accordance with the conditions of this policy, the toss or damage shall be payable within 30 days thereafter. 7. Limitation of Liability No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or othen/vise, removes such defect, lien or encumbrance or establishes the title, or the lien of the insured mortgage, as insured, within a reasonable time after receipt of such notice, (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and dispositron of all appeals therefrom, adverse to the title or to the lien of the insured mortgage, as insured, as provided in paragraph 3 hereof, or(c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. 8. Reduction of Liability (a) All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto, pro- vided, however, such payments, prior to the acquisition of title to said estate or interest as provided in paragraph 2 (a) of these Conditions and Stipulations, shall not reduce pro tanto the amount of the insurance afforded hereunder except to the extent that such payments reduce the amount of the indebtedness secured by the insured mortgage. Payment in full by any person or voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company except as provided in paragraph 2 (a) hereof. (b) The liability of the Company shall not be increased by additional principal indebtedness created subsequent to Oate of Policy, except as to amounts advanced to protect the lien of the insured mortgage and secured thereby. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of loss or destaiction shall be furnished to the satisfaction of the Company. 9. Liability Noncumulativa If the insured acquires title to the estate or interest In satisfaction of the indebtedness secured by the insured mortgage, or any part thereof, it is ex- pressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. 10. Subrogation upon Payment or Settlement Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest In the Company unaffected by any act of the insured claimant, except that the owner of the indebtedness secured by the insured mortgage may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the tenns of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness, provided such act occurs prior to receipt by the insured of notice of any claim of title or interest adverse to the title to the estate or interest or the prionty of the lien of the insured mortgage and does not result in any loss of priority of the lien of the insured mortgage. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss, but such subrogation shall be in subordination to the insured mortgage. If loss of priority should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 11. Liability Limited to This Policy This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract tjetween the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment ot or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validat- ing officer or authorized signatory of the Company. 12. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be fumished the Company, shall include the number of this policy and shall be addressed to it at the office which issued this policy or to its Principal Office, Claims Department, 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, Califomia 90009. 13. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITU INSURANCE. TICOR TITie • SURANCe AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH STREET IMPROVEMENT ASSESSMENT COVERAGE SCHEDULE A POLICY NO. AMOUNT PREMIUM EFFECTIVE DATE 1. 1145074 LOAN NO.: NONE $5,975,000.00 $1 882 13 SEPTEMBER 10, 1986 AT 8:00 A.M. NAME OF INSURED UNION BANK, A CALIFORNIA CORPORATION 2. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: HUGHES NORTH COUNTY ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED IN SCHEDULE C AND WHICH IS ENCUMBERED BY THE INSURED MORTGAGE IS A FEE AS TO PARCELS 1 AND 2; AN EASEMENT AS TO PARCEL 3 4. THE MORTGAGE, HEREIN REFERRED TO AS THE INSURED MORTGAGE, AND THE ASSIGNMENTS THEREOF, IF ANY, ARE DESCRIBED AS FOLLOWS: A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED INSTRUMENT NO, APRIL 21, 1988 $5,975,000.00 HUGHES NORTH COUNTY ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP UNION BANK, A CALIFORNIA CORPORATION UNION BANK, A CALIFORNIA CORPORATION MAY 2, 1986 86-173287, ALL AS RECORDED IN AN INSTRUMENT ENTITLED CONSTRUCTION DEED OF TRUST AND ASSIGNMENT OF RENTS. DATED EXECUTED BY RECORDED SUBORDINATED TO SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT JUNE 3, 1986 UNION BANK JULY 21, 1986, RECORDER'S FILE NO. 86-300373 A) EASEMENTS FOR PUBLIC STREET AND HIGHWAY PURPOSES; B) RELINQUISHMENT OF ACCESS RIGHTS IN AND TO MARRON ROAD AND JEFFERSON STREET; C) EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND D) EASEMENT FOR TRAFFIC SIGNAL FACILITIES AND 1145074 PAGE 1 TICOR TITLE* ISURANCe RECORDED AN AGREEMENT TO DATED BY AND BETWEEN REGARDING MAINTENANCE. JULY 21, 1986, RECORDER'S FILE NO. 86-300372 RECORDED WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS : AUGUST 8, 1986 : HUGHES NORTH COUNTY ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP AND UNION BANK, A CALIFORNIA CORPORATION THE AMENDING, MODIFYING AND SUPPLEMENTING OF SAID DEED OF TRUST TO INCORPORATE AND MAKE A PART OF THE SECURITY THEREIN THE PROPERTY DESCRIBED IN SCHEDULE C HEREIN, AS SET FORTH IN SUPPLEMENT TO DEED OF TRUST : SEPTEMBER 10, 1986, RECORDER'S FILE NO. 86-395905 SCHEDULE B PART 1 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: THE FOLLOWING MATTERS AFFECT PARCEL 1 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR 1986-87 A LIEN NOT YET PAYABLE. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 2. POSSIBLE CLAIMS THAT A PORTION OF THE AREA IS SUBJECT TO SUCH RIGHTS AND EASEMENTS FOR NAVIGATION AND FISHERY WHICH MAY EXIST OVER THAT PORTION OF SAID LAND LYING BENEATH THE WATERS OF BUENA VISTA CREEK. SAID MATTER AFFECTS: THAT PORTION OF LOTS 32 TO 36 INCLUSIVE OF HOSP EUCALYPTUS FOREST COMPANY'S TRACT IN THE CITY OF CARLSBAD, ACCORDING TO MAP THEREOF 1136, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 8, 1908; AND A PORTION OF THE NORTH HALF OF THE NORTH HALF OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF OCEANSIDE, ALL IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 29 OF CARLSBAD TRACT 76-18 (PLAZA CAMINO REAL SHOPPING CENTER, IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8956 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 11, 1978; THENCE NORTH 0''25'14" EAST 70.14 FEET (70.00 FEET 1145074 PAGE TICOR TITLE* SURANCE RECORD); TJHENCE SOUTH 89''40'48" EAST 219.04 FEET (SOUTH 89*42'19" EAST 219.00 FEET RECORD); THENCE NORTH 0*25'14" EAST 93.00 FEET TO AN INTERSECTION WITH THE 6.6 FOOT CONTOUR, "MEAN SEA LEVEL DATUM OF 1929" AS ESTABLISHED BY THE U.S. COAST AND GEODETIC SURVEY, SAID INTERSECTION BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG SAID 6.6 FOOT CONTOUR WEST 80.00 FEET; THENCE SOUTH 77°00'00" WEST 100.00 FEET; THENCE SOUTH 82*00'00" WEST 150.00 FEET; THENCE SOUTH 64"00'00" WEST 250.00 FEET; THENCE SOUTH 87*00'00" WEST 100.00 FEET; THENCE SOUTH 75*00'00" WEST 100.00 FEET; THENCE WEST 75.00 FEET; THENCE NORTH 76*00'00" WEST 80.00 FEET; THENCE WEST 65.00 FEET; THENCE NORTH 7r00'00" WEST 107.71 FEET TO A POINT ON THE EAST LINE OF AN EASEMENT FOR PUBLIC STREET AND HIGHWAY PURPOSES GRANTED TO THE CITY OF CARLSBAD JUNE 18, 1971, RECORDED AT FILE/PAGE 129900 OF OFFICIAL RECORDS, SAID POINT BEING A POINT ON A 758-FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY TO WHICH A RADIAL LINE BEARS NORTH 77*07'08" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE; SAID CURVE BEING THE EASTERLY LINE OF SAID EASEMENT, THROUGH A CENTRAL ANGLE OF 3*47'24" A DISTANCE OF 50.14 FEET TO A POINT ON THE SIDELINE OF PROPERTY DESCRIBED IN GRANT DEED TO STATE OF CALIFORNIA FROM BERNARD CITRON ET AL, RECORDED MAY 28, 1971, AT FILE/PAGE 112979; THENCE NORTH 39*31'14" EAST 22.00 FEET; THENCE EAST 210.00 FEET; THENCE NORTH 75*00'00" EAST 210.00 FEET; THENCE NORTH 75*00'00" EAST 400.64 FEET TO THE CITY BOUNDARY COMMON TO THE CITIES OF OCEANSIDE AND CARLSBAD; THENCE LEAVING SAID CITY BOUNDARY NORTH 82*00'00" EAST 230.00 FEET; THENCE EAST 65.00 FEET; THENCE NORTH 73*00'00" EAST 70.00 FEET; THENCE NORTH 45*00'00" EAST 250.00 FEET; THENCE NORTH 55*00'00" EAST 66.95 FEET; THENCE SOUTH 0*01*53" EAST 130.15 FEET; THENCE SOUTH 46*35'00" WEST 203.04 FEET TO SAID CITY BOUNDARY; THENCE WEST ALONG SAID CITY BOUNDARY NORTH 89*44'12" WEST ( NORTH 89*42'19" WEST ) RECORD) 197.14 FEET; THENCE LEAVING SAID CITY BOUNDARY SOUTH 0*25'14" WEST 112.81 FEET TO THE TRUE POINT OF BEGINNING. 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 FOR RECORDED AFFECTS THE CITY OF CARLSBAD A SEWER PIPELINE OCTOBER 9, 1964, RECORDER'S FILE NO. 184918 THE NORTH 45.00 FEET OF THE WEST 100.00 FEET OF THE EAST 810.00 FEET AND THE NORTH 15.00 FEET OF THE EAST 710.00 FEET OF LOT 32 OF HOSP EUCALYPTUS FOREST TRACT NUMBER 1 4. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHT OF INGRESS OR EGRESS TO OR FROM THE HIGHWAY CONTIGUOUS THERETO, SAID RIGHT HAVING BEEN RELINQUISHED BY DEED TO : THE STATE OF CALIFORNIA RECORDED JANUARY 5, 1965, RECORDER'S FILE NO. 1107 AND RECORDED: MAY 28, 1971, RECORDER'S FILE NO. 112979 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 FOR RECORDED AFFECTS STATE OF CALIFORNIA SLOPE PROTECTION AND DRAINAGE PURPOSES MARCH 1, 1971, RECORDER'S FILE NO. 37628 AS FOLLOWS: 1145074 PAGE TICOR TITLE*'SURANCE BEGINNING AT A POINT IN COURSE (4) HEREINBEFORE DESCRIBED IN PARCEL 1, DISTANT ALONG SAID COURSE (4), SOUTH 03*08'00" WEST, 34.63 FEET FROM THE NORTHERLY TERMINUS OF SAID COURSE (4); THENCE SOUTHERLY ALONG SAID COURSE (4), 20.50 FEET; THENCE ALONG COURSES (5), (6) AND (7) HEREINBEFORE DESCRIBED IN PARCEL 1 TO THE SOUTHERLY LINE OF THE NORTHERLY 120.00 FEET OF SAID LOT 32; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89*41'21" WEST, 19.08 FEET; THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 0*18'39" WEST, 44.00 FEET; THENCE SOUTH 89*41'21" EAST, 25.00 FEET; THENCE SOUTH 0*18'39" WEST, 20.00 FEET; THENCE SOUTH 89*4r21" EAST. 75.00 FEET; THENCE NORTHEASTERLY ALONG A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 6r46'16", A DISTANCE OF 107.81 FEET; THENCE TANGENT TO LAST SAID CURVE, NORTH 28*32'23" EAST, 78.00 FEET; THENCE NORTH 86*52'00" WEST, 57.01 FEET TO THE POINT OF BEGINNING, AND BEGINNING AT THE NORTHEASTERLY TERMINUS OF COURSE (1) HEREINBEFORE DESCRIBED IN PARCEL 1; THENCE ALONG COURSES (2), (3), (4). (5), (6) AND (7) HEREINBEFORE DESCRIBED IN SAID PARCEL 1 TO SAID LINE 120.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID LOT 32; THENCE ALONG LAST SAID LINE. NORTH 89*41'21" WEST, 19.08 FEET; THENCE LEAVING LAST SAID LINE SOUTH 0*18'39" WEST, 44.00 FEET; THENCE SOUTH 89*41'21" EAST, 25.00 FEET; THENCE SOUTH 0*18'39" WEST. 20.00 FEET; THENCE SOUTH 89*41'21" EAST, 75.00 FEET; THENCE NORTHEASTERLY ALONG A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 100.00 FEET. THROUGH A CENTRAL ANGLE OF 61*46'16", A DISTANCE OF 107.81 FEET; THENCE TANGENT TO LAST SAID CURVE, NORTH 28*32'23" EAST, 78.00 FEET; THENCE NORTH 0*18'39" EAST, 62.58 FEET; THENCE NORTH 34*06'19" WEST, 187.11 FEET TO A POINT ON SAID ROAD SURVEY 843 WHICH SAID POINT BEARS NORTH 27*36'27" EAST, FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 27*36'27" WEST, 112.98 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION HEREINBEFORE DESCRIBED AS PARCEL 2, AND BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF JEFFERSON STREET AS AS DEFINED BY ROAD SURVEY 843, GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED FEBRUARY 26, 1941 IN BOOK 1132, PAGE 419, OFFICIAL RECORDS OF SAID COUNTY AND A LINE PARALLEL TO AND 120.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID LOT 32; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89*41'21" EAST, 38.07 FEET FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 89*4r21" EAST, 34.64 FEET, TO AN ANGLE POINT IN THE DESCRIPTION OF PARCEL 2 ABOVE; THENCE ALONG THE SAME COURSES OF SAID PARCEL 2 AS FOLLOWS: SOUTH 00*18'39" WEST, 44.00 FEET; THENCE SOUTH 89*41*21" EAST, 25.00 FEET; THENCE SOUTH 00*18"39" WEST, 20.00 FEET; THENCE SOUTH 89*41'21" EAST, 75.00 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 100 FEET; THROUGH A CENTRAL ANGLE OF 61*46'16", A DISTANCE OF 107.81 FEET; THENCE NORTH 28*32'23" EAST, 78.00 FEET; THENCE LEAVING THE COMMON LINE WITH PARCEL 2 ABOVE, SOUTH 00*18'39" WEST, 278.42 FEET; THENCE NORTH 89*4r21" WEST, 235.00 FEET; THENCE NORTH 72*18'25" WEST, 120.50 FEET; THENCE NORTH 89*4r21" WEST, 60.26 FEET TO A POINT IN A LINE WHICH BEARS SOUTH 39*27'44" WEST, FROM THE TRUE POINT OF BEGINNING; THENCE ALONG LAST SAID LINE NORTH 39*27'44" EAST, 238.56 FEET TO THE TRUE POINT OF BEGINNING. 6. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES 1145074 PAGE 4 TICOR TITLE VSURANCG IN FAVOR OF I- THE CITY OF CARLSBAD FOR RECORDED AFFECTS PUBLIC STREET AND HIGHWAY PURPOSES JUNE 18, 1971, RECORDER'S FILE NO. 129900 AS FOLLOWS: BEGINNING AT CENTERLINE STATION 47 PLUS 53.29 OF ROAD SURVEY NO. 843, DATED OCTOBER, 1940, FILED IN THE OFFICE OF THE COUNTY ENGINEER, SAN DIEGO COUNTY, SAID CENTERLINE HAVING A BEARING OF NORTH 35*12'35" EAST (RECORD NORTH 35*19' EAST); THENCE SOUTH 54*47'25" EAST 30.01 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID ROAD SURVEY NO. 843, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE NORTH 52*21'22" EAST 26.03 FEET; THENCE NORTH 39*27'44" EAST 209.25 FEET TO A POINT ON A NON-TANGENT 758-FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT HAS A BEARING OF NORTH 73*16'53" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 121.99 FEET THROUGH A CENTRAL ANGLE OF 09°13'15" TO A POINT OF COMPOUND CURVATURE WITH A 558-FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 82*30'08" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 93.46 FEET THROUGH A CENTRAL ANGLE OF 09*35'49"; THENCE SOUTH 87*54'03" WEST 97.08 FEET TO A POINT ON A NON-TANGENT 523-FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT HAS A BEARING OF SOUTH 47*35'37" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 108.73 FEET THROUGH A CENTRAL ANGLE OF ir54'43" TO A POINT OF REVERSE CURVATURE, SAID REVERSE CURVE BEING CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 477, A RADIAL LINE TO SAID POINT BEARS NORTH 35*4r04" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 77.19 FEET THROUGH A CENTRAL ANGLE OF 09*16'18" TO A POINT ON THE SOUTHEASTERLY LINE OF ROAD SURVEY NO. 843, A RADIAL LINE TO SAID POINT BEARS NORTH 44*57'22" WEST; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE OF ROAD SURVEY NORTH 843, NORTH 35*12'35" EAST (RECORD NORTH 35*19' EAST), A DISTANCE OF 196.46 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF THE ABOVE DESCRIBED LAND DISTANT NORTH 39*27'44" EAST 33.22 FEET FROM THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE HAVING A BEARING OF NORTH 39*27'44" EAST AND A LENGTH OF 209.25 FEET, SAID POINT OF BEGINNING BEING ON A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 642.00 FEET AND HAVING A RADIAL BEARING OF NORTH 84*59'28" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 79.65 FEET TO AN INTERSECTION WITH THAT CERTAIN COURSE HEREINABOVE DESCRIBED AS HAVING A BEARING OF SOUTH 87*54'03" WEST AND A DISTANCE OF 97.08 FEET. 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. AND A SIMILAR EASEMENT GRANTED TO THE CITY OF CARLSBAD RECORDED JUNE 18, 1971, RECORDER'S FILE NO. 129901. 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 1145074 PAGE 5 TICOR TITLE«r *5URANCe IN FAVOR OF FOR RECORDED AFFECTS THE CITY OF CARLSBAD A SEWER MAIN JUNE 18, 1971, RECORDER'S FILE NO. 129902 WITHIN A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE OF AND ADJACENT TO THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DEED TO THE VISTA SANITATION DISTRICT AND THE CITY OF CARLSBAD RECORDED ON OCTOBER 9, 1964, UNDER RECORDER'S FILE NO. 184919 OF THE OFFICIAL RECORDS OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, SAID SOUTHWEST CORNER BEING ALSO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF COUNTY OF SAN DIEGO ROAD SURVEY NO. 843; THENCE FROM SAID POINT OF BEGINNING SOUTH 89*41*21" EAST (RECORD NORTH 89*14' EAST) ALONG THE SOUTHERLY BOUNDARY LINE OF THE AFOREMENTIONED PARCEL OF LAND, A DISTANCE OF 35.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 22*28'00" WEST 192.33 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY, AND HAVING A RADIUS OF 300 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 55*15'56" A DISTANCE OF 289.37 FEET, TO A POINT ON THE SOUTHEASTERLY LINE OF ROAD SURVEY NO. 843 A RADIAL LINE TO SAID POINT BEARS SOUTH 12*16'04" EAST. SAID 20 FOOT WIDE STRIP OF LAND IS TO BE EXTENDED AND SHORTENED SO AS TO BEGIN ON THE NORTHERLY BOUNDARY OF GRANTOR'S PROPERTY AND TERMINATE ON THE SOUTHEASTERLY LINE OF R.S. 843. (AS SHOWN FOR CONVENIENCE SAKE ON ATTACHMENT "A", ATTACHED HERETO AND MADE A PART THEREOF.) 8. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF FOR RECORDED AFFECTS THE CITY OF CARLSBAD GENERAL UTILITY JULY 13, 1978, RECORDER'S FILE NO. 78-293185 AS FOLLOWS: BEGINNING AT CENTERLINE STATION 45 PLUS 53.29 OF SAID ROAD SURVEY NO. 843, SAID CENTERLINE HAVING A BEARING OF NORTH 35*12'35" EAST (RECORD NORTH 35*19' EAST); THENCE SOUTH 54*47'25" EAST 30.01 FEET TO A POINT ON THE SOUTHEASTERLY LINE SAID ROAD SURVEY NO. 843, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 35*12'35" WEST ALONG SAID SOUTHEASTERLY LINE OF SAID ROAD SURVEY NO. 843 A DISTANCE OF 325.83 FEET TO A POINT ON THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 27*15'47" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 254.63 FEET THROUGH A CENTRAL ANGLE OF 27*31*38" TO A POINT ON THE NORTHWESTERLY LINE OF SAID ROAD SURVEY NO. 843; THENCE NORTH 35*12'35" EAST ALONG THE NORTHWESTERLY LINE OF ROAD SURVEY NO. 843 A DISTANCE OF 571.81 FEET; THENCE NORTH 9*09'50" EAST 28.07 FEET; THENCE NORTH 32*38'34" EAST 11,26 FEET; THENCE SOUTH 68*40*24" EAST 85.45 FEET TO THE NORTHWESTERLY CORNER OF AN EASEMENT GRANTED TO THE CITY OF CARLSBAD FOR ROADWAY PURPOSES RECORDED IN THE SAN DIEGO COUNTY RECORDER'S OFFICE JUNE 18, 1971, FILE/PAGE NO. 129900; THENCE SOUTH 39*27*44" WEST 33.22 FEET; THENCE SOUTH 52*21*22" 1145074 PAGE 6 TICOR TITLE f ISURANCE WEST 26.03 FEET TO THE TRUE POINT OF BEGINNING, 9. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT. AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN. AND INCIDENTAL PURPOSES IN FAVOR FOR RECORDED AFFECTS OF VISTA SANITATION DISTRICT AND THE CITY OF CARLSBAD A SEWER PIPE LINE SEPTEMBER 5. 1979, RECORDER'S FILE NO. 79-372465 A PARCEL OF LAND 15.00 FEET WIDE SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF HOSP EUCALYPTUS FOREST COMPANY'S TRACT NO. 1, ACCORDING TO MAP 1136, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY. THE CENTER LINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 4 WEST. SAN BERNARDINO MERIDIAN. PER PARCEL MAP 1569; THENCE NORTH 69*30'08" EAST, 614.19 FEET; THENCE SOUTH 15*19'26" EAST, 40.85 FEET; THENCE NORTH 74*30'00" EAST, 138.88 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 95.00 FEET, SAID POINT BEING IN THE WESTERLY RIGHT-OF-WAY LINE OF HAYMAR DRIVE, A RADIAL LINE TO SAID CURVE THROUGH SAID POINT BEARING SOUTH 74*30'00" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23*40'22", A DISTANCE OF 39.25 FEET TO A POINT IN THE CENTER LINE OF AN EXISTING 15.00 FOOT WIDE SANITARY SEWER EASEMENT OF THE VISTA SANITATION DISTRICT AND THE CITY OF CARLSBAD PER INSTRUMENT NUMBER 184917, RECORDED ON OCTOBER 9, 1964; THENCE LEAVING SAID WESTERLY LINE OF HAYMAR DRIVE, SOUTH 8r42'36" WEST, 119.77 FEET ALONG THE CENTER LINE OF SAID EASEMENT; THENCE SOUTH 74*47'19" WEST, 200.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 66*12'12" WEST, 634.19 FEET; THENCE SOUTH 88*51'14" WEST, 1,185.00 FEET; THENCE SOUTH 88*30'59" WEST, 318.25 FEET; THENCE SOUTH 88*52'23" WEST, 305.06 FEET; THENCE SOUTH 68*00'22" WEST, 387.18 FEET; THENCE NORTH 42*4r03" WEST, 378 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF THE AFOREMENTIONED EXISTING 15.00 FOOT WIDE SANITARY SEWER EASEMENT. 10. AN AGREEMENT PARTICULARS BY AND BETWEEN : REGARDING RECORDED 11 . AN AGREEMENT PARTICULARS DATED BY AND BETWEEN : TO WHICH REFERENCE IS HEREBY MADE FOR FULL CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND MAY CENTERS, INC., BERNARD CITRON. FRED A. BARTMAN. JR.. THE MARITAL TRUST. CREATED UNDER THE LAST WILL OF WILLIAM S. BARTMAN, THE RESIDUARY TRUST, CREATED UNDER THE LAST WILL OF WILLIAM S. BARTMAN, AND HARRY J. L. FRANK. JR. CONTRACT FOR THE CREATION OF A LIEN FOR PAYMENT FOR PUBLIC IMPROVEMENTS JANUARY 30. 1981. RECORDER'S FILE NO. 81-030962 TO WHICH REFERENCE IS HEREBY MADE FOR FULL SEPTEMBER 17 1982 HUGHES INVESTMENTS, A CALIFORNIA GENERAL PARTNERSHIP. (HEREINAFTER "PERMITTEE"). MAY CENTERS, INC., PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP, THE REPRESENTATIVES OF THE ESTATE OF BERNARD CITRON, WILLIAM S. BARTMAN MARITAL TRUST AND WILLIAM S. BARTMAN 1145074 PAGE TICOR TITLE f 'SURANCe REGARDING RECORDED RESIDUARY TRUST, AND CERTAIN INDIVIDUALS (HEREINAFTER COLLECTIVELY REFERRED TO AS "GRANTOR") AND THE CALIFORNIA COASTAL COMMISSION (HEREINAFTER "COMMISSION") IRREVOCABLE OFFER TO DEDICATE IN FEE AND AGREEMENT WITH RESPECT TO RESTORATION OF THE BUENA VISTA LAGOON ECOLOGICAL RESERVE SEPTEMBER 23, 1982, RECORDER'S FILE NO. 82-295140 12. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED BY AND BETWEEN : REGARDING : RECORDED 13. AN AGREEMENT PARTICULARS DATED BY AND BETWEEN : REGARDING RECORDED SEPTEMBER 17, 1982 HUGHES INVESTMENTS, HEREINAFTER "PERMITTEE," AND THE CALIFORNIA AGREEMENT IMPOSING RESTRICTIONS SEPTEMBER 23, 1982, RECORDER'S REFERRED TO AS COASTAL COMMISSION ON REAL PROPERTY FILE NO. 82-295141 TO WHICH REFERENCE IS HEREBY MADE FOR FULL SEPTEMBER 9, 1982 HUGHES INVESTMENTS, A GENERAL PARTNERSHIP, PLAZA CAMINO REAL. A CALIFORNIA LIMITED PARTNERSHIP. MAY CENTERS, INC., A MISSOURI CORPORATION. (WHICH TOOK TITLE AS THE MAY STORES SHOPPING CENTERS, INC.) SOLE GENERAL PARTNER, THE ESTATE OF BERNARD CITRON, CECILE C. BARTMAN, EXECUTRIX, HARRY L. FRANK, JR., FRED A. BARTMAN, JR., WILLIAM S. BARTMAN MARITAL TRUST, WILLIAM S. BARTMAN RESIDUAL TRUST AND MAY CENTERS, INC., AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION THE PAYMENT OF A PUBLIC FACILITIES FEE DECEMBER 10, 1982, RECORDER'S FILE NO. 82-378647 14. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED BY AND BETWEEN : REGARDING RECORDED JUNE 2, 1986 THE CITY OF CARLSBAD AND HUGHES NORTH COUNTY ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP AGREEMENT TO PAY INCREASED FEES FOR DEVELOPMENT MANAGEMENT SYSTEM JUNE 23, 1986, RECORDER*S FILE NO. 86-252904 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 AFFECTS THE CITY OF CARLSBAD PUBLIC STREET AND HIGHWAY PURPOSES JULY 21. 1986. RECORDER*S FILE NO, AS FOLLOWS: 86-300372 BEGINNING AT THE NORTHWEST CORNER OF THAT EASEMENT FOR ROADWAY PURPOSES GRANTED TO THE CITY OF CARLSBAD IN DOCUMENT RECORDED JUNE 8. 1971 AT FILE/PAGE 129900 IN SAID COUNTY RECORDER'S OFFICE; THENCE NORTH 39*31'14' EAST. 175.80 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT #1, SAID POINT BEING ON A NON-TANGENT 758.00 FOOT RADIUS CURVE. CONCAVE EASTERLY. RADIAL LINE TO SAID POINT BEARS NORTH 73*16'27" WEST (RECORD NORTH 73*16'53" WEST PER DOCUMENT NO. 129900) FROM THE RADIAL CENTER OF SAID CURVE; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 44.68 FEET. THROUGH / 1145074 PAGE 8 TICOR TITLE •'SURANCE CENTRAL ANGLE OF 3*22'39"; THENCE TANGENT TO SAID CURVE SOUTH 13*20'54" WEST, 29.18 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 73.92 FEET THROUGH A CENTRAL ANGLE OF 2ri0'37"; THENCE TANGENT TO SAID CURVE SOUTH 7*49*43" EAST, 121.36 FEET TO THE BEGINNING OF A TANGENT 537.68 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 57.68 FEET, THROUGH A CENTRAL ANGLE OF 6*08*47" TO A POINT OF TANGENCY; THENCE SOUTH 13*58*30" EAST, 109.00 FEET TO A POINT HEREINAFTER DESCRIBED AS POINT #2; THENCE CONTINUING SOUTH 13*58*30" EAST. 61.10 FEET TO THE BEGINNING OF A TANGENT 425.00 FOOT RADIUS CURVE. CONCAVE NORTHEASTERLY; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 230.75 FEET THROUGH A CENTRAL ANGLE OF 31*06*30" TO A POINT ON THE NORTHEASTERLY LINE OF MARRON ROAD. AS GRANTED TO THE CITY OF CARLSBAD BY DEED RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 23. 1976 AT FILE/PAGE 76-431713; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 45*05*00" WEST (RECORD NORTH 45*04'16" WEST PER DOCUMENT NO. 76-431713). 1.76 FEET TO THE BEGINNING OF A TANGENT 557.76 FOOT (RECORD 558.00 FOOT PER DOCUMENT NO. 76-431713) RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 302.83 FEET, THROUGH A CENTRAL ANGLE OF 31*06'30" (RECORD 302.72 FEET, THROUGH A CENTRAL ANGLE OF 31*04*59", PER DOCUMENT NO. 76-431713); THENCE TANGENT TO SAID CURVE NORTH 13*58*30" WEST (RECORD NORTH 13*59*17", PER DOCUMENT NO. 76-431713), 100.00 FEET TO THE BEGINNING OF A TANGENT 557.68 FOOT RADIUS CURVE (RECORD 558.00 FOOT, PER DOCUMENT NO. 76-431713) CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 139.07 FEET THROUGH A CENTRAL ANGLE OF 14*17'17" (RECORD 139.15 FEET PER DOCUMENT NO. 76-431713); THENCE NORTH 89*41'13" WEST (RECORD NORTH 89*42'00" WEST, PER DOCUMENT NO. 76-431713), 82.00 FEET TO THE BEGINNING OF A NON-TANGENT 639.68 FOOT (RECORD 640.00 FOOT, PER DOCUMENT NO. 76-431713) RADIUS CURVE, CONCAVE EASTERLY. A RADIAL LINE TO SAID POINT BEARS NORTH 89*41'13" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 26.76 FEET THROUGH A CENTRAL ANGLE OF 2*23*48"; THENCE SOUTH 87*54*59" WEST (RECORD SOUTH 87*54*03" WEST PER DOCUMENT NO. 129900), 2.00 FEET TO THE BEGINNING OF A NON-TANGENT 641.68 FOOT RADIUS CURVE (RECORD 642.00 FEET. PER DOCUMENT NO. 129900). CONCAVE EASTERLY. A RADIAL LINE TO SAID POINT BEARS SOUTH 87*54*59" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 79.75 FEET (RECORD 79.65 FEET, PER DOCUMENT NO. 129900) THROUGH A CENTRAL ANGLE OF 7*07*15" TO THE POINT OF BEGINNING. ALSO BEGINNING AT THE SOUTHWEST CORNER OF LOT 29 OF CARLSBAD TRACT NO. 76-18, ACCORDING TO MAP THEREOF NO. 8956, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 11, 1978; SAID CORNER BEING A POINT ON A NON-TANGENT 758.42 FOOT RADIUS CURVE (758.00 FOOT RECORD. PER DEED RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 23, 1976 AT FILE/PAGE NO. 76-731713) CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 3*09*28" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 207.15 FEET THROUGH A CENTRAL ANGLE OF 15*38*57", TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; A RADIAL LINE TO SAID POINT BEARS SOUTH 12*29*30" WEST; THENCE CONTINUING NORTHERLY ALONG THE ARC OF SAID 758.42 FOOT RADIUS CURVE 429.21 FEET THROUGH A CENTRAL ANGLE OF 32*25*30"; THENCE NORTH 45*05*00" WEST (NORTH 45*04*16" WEST RECORD, PER DOCUMENT NO. 76-431713), 123.60 FEET TO THE BEGINNING OF A NON-TANGENT 350.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; A RADIAL LINE TO SAID POINT BEARS SOUTH 44*55*00" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 62.13 FEET THROUGH A CENTRAL 1145074 PAGE TICOR TITLE •"DURANCE ANGLE OF 10*10*15" TO THE BEGINNING OF A 350.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLY; A RADIAL LINE TO SAID POINT BEARS NORTH 34*44*45" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 62.13 FEET THROUGH A CENTRAL ANGLE OF 10*10*15" TO THE BEGINNING OF A 747.42 FOOT RADIUS REVERSE CURVE CONCAVE NORTHEASTERLY; A RADIAL LINE TO SAID POINT BEARS SOUTH 44*55*00" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 255.22 FEET THROUGH A CENTRAL ANGLE OF 19*33*53" TO A POINT HEREINAFTER REFERRED TO AS POINT #3; A RADIAL LINE TO SAID POINT BEARS SOUTH 25*21*07" WEST; THENCE CONTINUING ALONG THE ARC OF SAID 747.42 FOOT RADIUS CURVE 53.73 FEET THROUGH A CENTRAL ANGLE OF 4*07'09" TO THE BEGINNING OF A 600.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLY; A RADIAL LINE TO SAID POINT BEARS NORTH 2ri3'58" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 63.77 FEET THROUGH A CENTRAL ANGLE OF 6*05'22" TO THE BEGINNING OF A 200.00 FOOT RADIUS REVERSE CURVE CONCAVE NORTHEASTERLY; A RADIAL LINE TO SAID POINT BEARS SOUTH 27*19'20" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 51.77 FEET THROUGH A CENTRAL ANGLE OF 14*49'50" TO THE TRUE POINT OF BEGINNING. 16. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHT OF INGRESS OR EGRESS TO OR FROM THE HIGHWAY CONTIGUOUS THERETO. SAID RIGHT HAVING BEEN RELINQUISHED BY DEED FROM HUGHES NORTH COUNTY ASSOCIATES. A GENERAL PARTNERSHIP ORGANIZED UNDER THE LAWS OF THE STATE OF CALIFORNIA TO THE CITY OF CARLSBAD RECORDED : JULY 21. 1986. RECORDER'S FILE NO. 86-300372 SAID MATTER PARCEL 1 AFFECTS; 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 FOR RECORDED AFFECTS OF THE CITY OF CARLSBAD PUBLIC UTILITY PURPOSES JULY 21, 1986, RECORDER'S FILE NO. 86-300372 THAT PORTION OF LAND IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING WITHIN LOTS 33 THROUGH 36 OF HOSP EUCALYPTUS FOREST COMPANY'S TRACT NO, 1. ACCORDING TO MAP THEREOF NO. 1136. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 8. 1908. MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 15.00 FEET IN WIDTH. LYING 7.50 FEET, MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT ACCORDING TO RECORDER OF POINT ON THE LOT 36 NORTH THENCE LEAVI HEREINAFTER WEST, 186.25 HEREIN AFTER WEST, 142.00 HEREINAFTER TERMINUS OF THE SOUTHWEST CORNER OF LOT 28 OF CARLSBAD TRACT NO. 76-18, MAPS THEREOF NO. 8956, FILED IN THE OFFICE OF THE COUNTY SAN DIEGO COUNTY ON AUGUST 11, 1978, SAID POINT ALSO BEING A EAST LINE OF SAID LOT 36; THENCE ALONG THE EAST LINE OF SAID 0*25'14" EAST, 7.50 FEET TO THE TRUE POINT OF BEGINNING; NG SAID LINE NORTH 89*43*05" WEST. 29.53 FEET TO A POINT REFERRED TO AS POINT "A"; THENCE CONTINUING NORTH 89*43'05" FEET; THENCE SOUTH 67*58'29" WEST. 36.51 FEET TO A POINT REFERRED TO AS POINT "B"; THENCE CONTINUING SOUTH 67*58'29" FEET; THENCE NORTH 89*35'16" WEST. 1.98 FEET TO A POINT REFERRED TO AS POINT "C", SAID POINT ALSO BEING A POINT SAID 15.00 FOOT WIDE EASEMENT. THE SIDELINES OF SAID 1145074 PAGE 10 TICOR TITLE ^'SURANCE EASEMENT SHALL BE PROLONGED OR FORESHORTENED AT THE ANGLE POINTS. ALSO COMMENCING AT THE ABOVE DESCRIBED POINT OF BEGINNING, THENCE ALONG THE EAST LINE OF SAID LOT 36 NORTH 0*25*14" EAST, 7.50 FEET; THENCE LEAVING SAID LINE NORTH 89*43*05" WEST, 7.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0*16'55" EAST 21.50 FEET TO A POINT OF TERMINUS, ALSO A STRIP RIGHT ANGLES OF LAND 25.00 , ON EACH SIDE FEET IN WIDTH, LYING 12.50 FEET. MEASURED AT OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE ABOVE DESCRIBED POINT "C"; THENCE NORTH 0*24'44" EAST, 5.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89*35'16" WEST, 31.77 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D"; THENCE CONTINUING NORTH 89*35'16" WEST, 85.00 FEET; THENCE SOUTH 0*24'44" WEST, 40.90 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "E"; THENCE CONTINUING SOUTH 0*24'44" WEST 153.98 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "F"; THENCE CONTINUING SOUTH 0*24*44" WEST, 12.01 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "G"; THENCE CONTINUING SOUTH 0*24'44" WEST, 93.06 FEET TO THE BEGINNING OF A NON-TANGENT 395.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; A RADIAL TO SAID CURVE BEARS SOUTH 70*50'38" WEST FROM THE RADIAL CENTER THEREOF; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 163.26 FEET THROUGH A CENTRAL ANGLE OF 23*40*52" TO A POINT HEREINAFTER REFERRED TO AS POINT "L"; A RADIAL TO SAID POINT BEARS SOUTH 47*09*46" WEST FROM THE RADIAL CENTER OF SAID CURVE; THENCE CONTINUING ALONG THE ARC OF SAID CURVE 172.70 FEET, THROUGH A CENTRAL ANGLE OF 25*03*04", TO A POINT HEREINAFTER REFERRED TO AS POINT "M", A RADIAL TO SAID POINT BEARS SOUTH 22*06*42" WEST FROM THE RADIAL CENTER OF SAID CURVE; THENCE CONTINUING SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE 149.60 FEET THROUGH A CENTRAL ANGLE OF 21*41*58" TO A POINT OF TANGENCY; THENCE SOUTH 89*35*16" EAST, 86.24 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "N"; THENCE CONTINUING SOUTH 89*35*16" EAST. 22.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "0"; SAID POINT BEING A POINT OF TERMINUS OF SAID 25 FOOT EASEMENT. THE SIDELINES OF SAID EASEMENT SHALL BE PROLONGED OR FORESHORTENED AT THE ANGLE POINTS. ALSO STRIPS OF LAND 15.00 FEET WIDE, LYING 7.50 FEET, MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES: A. BEGINNING AT THE ABOVE DESCRIBED POINT "A" WEST, 42.93 FEET TO A POINT OF TERMINUS. B. BEGINNING AT THE ABOVE DESCRIBED POINT "B" WEST. 78.07 FEET TO A POINT OF TERMINUS. D. BEGINNING AT THE ABOVE DESCRIBED POINT "D" WEST. 28.88 FEET TO A POINT OF TERMINUS. E. BEGINNING AT THE ABOVE DESCRIBED POINT "E" WEST, 26.00 FEET TO A POINT OF TERMINUS. F. BEGINNING AT THE ABOVE DESCRIBED POINT "F" EAST, 264.00 FEET TO A POINT OF TERMINUS. THENCE SOUTH 0*24*44" THENCE SOUTH 0*24*44" THENCE SOUTH 0*24'44" THENCE NORTH 89*35'16" THENCE SOUTH 89*35*16" G. BEGINNING AT THE ABOVE DESCRIBED POINT "G"; THENCE NORTH 89*35'16" WEST, 100.51 FEET; THENCE SOUTH 76*0r30" WEST, 69.10 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "H"; THENCE CONTINUING SOUTH 76*01'30" WEST, 2.25 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "I"; THENCE 1145074 PAGE 11 TICOR TITLE •'SURANCE CONTINUING SOUTH 76*0r30" WEST, 53.14 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "J"; THENCE CONTINUING SOUTH 76*01'30" WEST, 70.93 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "K"; THENCE CONTINUING SOUTH 76*01'30" WEST, 20.00 FEET TO A POINT OF TERMINUS IN THE NORTHEASTERLY RIGHT OF WAY LINE OF JEFFERSON STREET. THE SIDELINES OF SAID EASEMENT SHALL BE PROLONGED OR FORESHORTENED AT THE ANGLE POINT AND SO AS TO TERMINATE IN THE NORTHEASTERLY RIGHT OF WAY OF JEFFERSON STREET. H. BEGINNING AT THE ABOVE DESCRIBED POINT EAST. 18.00 FEET TO A POINT OF TERMINUS. I. BEGINNING AT THE ABOVE DESCRIBED POINT WEST. 68.30 FEET TO A POINT OF TERMINUS. J. BEGINNING AT THE ABOVE DESCRIBED POINT EAST, 18.00 FEET TO A POINT OF TERMINUS. K. BEGINNING AT THE ABOVE DESCRIBED POINT EAST, 21.50 FEET TO A POINT OF TERMINUS. L. BEGINNING AT THE ABOVE DESCRIBED POINT WEST, 26.00 FEET TO A POINT OF TERMINUS. "H" IIJII " J" "K" •M' THENCE SOUTH 13*58'30" THENCE NORTH 13*58'30" THENCE SOUTH 13*58*30" THENCE SOUTH 13*58'30" THENCE SOUTH 47*09'46" THENCE SOUTH 28*53'55" M. BEGINNING AT THE ABOVE DESCRIBED POINT WEST, 118.96 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "S"; THENCE CONTINUING SOUTH 28*53'55" WEST. 4.08 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "T"; THENCE CONTINUING SOUTH 28*53'55" WEST, 115.23 FEET; THENCE SOUTH 6r06'05" EAST 18.50 FEET TO A POINT OF TERMINUS, THE SIDELINES TO BE PROLONGED OR FORESHORTENED AT THE ANGLE POINT. 0. BEGINNING AT WEST, 18.50 FEET CONTINUING SOUTH TO AS POINT "Q"; THE ABOVE DESCRIBED POINT "0"; THENCE SOUTH 0*24'44" TO A POINT HEREINAFTER REFERRED TO AS POINT "P"; THENCE 0*24'44" WEST, 95.48 FEET TO A POINT HEREINAFTER REFERRED THENCE CONTINUING SOUTH 0*24'44" WEST, 71.29 FEET; THENCE SOUTH 2*08'18" EAST, 43.71 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "R"; THENCE CONTINUING SOUTH 2*08'18" EAST, 68.56 FEET TO A TERMINUS IN THE NORTHERLY RIGHT OF WAY LINE OF MARRON ROAD. THE SIDELINES OF SAID EASEMENT SHALL BE PROLONGED OR FORESHORTENED AT THE ANGLE POINTS AND SO AS TO TERMINATE IN THE NORTHERLY RIGHT OF WAY LINE OF MARRON ROAD. P. BEGINNING AT THE ABOVE DESCRIBED POINT WEST, 31.01 FEET TO A POINT OF TERMINUS. S. BEGINNING AT THE ABOVE DESCRIBED POINT EAST, 18.00 FEET TO A POINT OF TERMINUS. T. BEGINNING AT THE ABOVE DESCRIBED POINT WEST 40.00 FEET TO A POINT OF TERMINUS. THENCE NORTH 89*35'16" THENCE SOUTH 6r06'05" THENCE NORTH 6r06'05" 18. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR FOR RECORDED AFFECTS OF THE CITY OF CARLSBAD TRAFFIC SIGNAL FACILITIES JULY 21, 1986, RECORDER'S FILE NO. 86-300372 THAT PORTION OF LOT 33 OF HOSP EUCALYPTUS FOREST COMPANY'S TRACT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN 1145074 PAGE 12 TICOR TITLE •'SURANCE DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 1136, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 8, 1908, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT #2 HEREINABOVE DESCRIBED; THENCE NORTH 13*58*30" WEST 15.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING NORTH 13*58*30" WEST, 94.00 FEET; THENCE NORTH 76*01*30" EAST, 15.22 FEET; THENCE SOUTH 13*58*30" EAST. 15.00 FEET; THENCE NORTH 76*0r30" EAST. 50.78 FEET; THENCE SOUTH 13*58'30" EAST, 64.00 FEET; THENCE SOUTH 76*0r30" WEST, 51.00 FEET; THENCE SOUTH 13*58'30" EAST, 15.00 FEET; THENCE SOUTH 76*01*30" WEST, 15.00 FEET TO THE TRUE POINT OF BEGINNING. 19. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED OCTOBER 22, 1985 BY AND BETWEEN : PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP AND HUGHES NORTH COUNTY ASSOCIATES, A GENERAL PARTNERSHIP REGARDING RESTATED AND AMENDED ACCESS AGREEMENT AND AGREEMENT ESTABLISHING PARKING RESTRICTIONS AND EASEMENTS RECORDED : AUGUST 13, 1986, RECORDER'S FILE NO. 86-347146 AND AS MODIFIED BY AN INSTRUMENT EXECUTED BY : HUGHES NORTH COUNTY ASSOCIATES, A GENERAL PARTNERSHIP RECORDED AUGUST 13, 1986, RECORDER'S FILE NO. 86-347147 THE FOLLOWING MATTERS AFFECT PARCEL 2: 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR : 1986-87 A LIEN NOT YET PAYABLE. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 2. PROVISIONS OF THE DEDICATION STATEMENT ON THE MAP OF THE SUBDIVISION SHOWN BELOW. WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. : 8956 STREET AFFECTED : MARRON ROAD 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 FOR RECORDED AFFECTS VISTA SANITATION DISTRICT AND THE CITY OF CARLSBAD A SEWER PIPELINE SEPTEMBER 5, 1979, RECORDER'S FILE NO. 79-372465 THAT PORTION OF SAID LAND LYING WITHIN A PARCEL OF LAND 1145074 PAGE 13 TICOR TITLE •ISURANCE 15.00 FEET WIDE SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF HOSP EUCALYPTUS FOREST COMPANY'S TRACT NO. 1, ACCORDING TO MAP 1136, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THE CENTER LINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN. PER PARCEL MAP 1569; THENCE NORTH 69*30*06" EAST 614.19 FEET; THENCE SOUTH 15*19'26" EAST. 40.85 FEET; THENCE NORTH 74*30'00" EAST. 138.88 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 95.00 FEET. SAID POINT BEING IN THE WESTERLY RIGHT OF WAY LINE OF HAYMAR DRIVE, A RADIAL LINE TO SAID CURVE THROUGH SAID POINT BEARING SOUTH 74*30'00" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23*40'22" A DISTANCE OF 39.25 FEET TO A POINT IN THE CENTER LINE OF AN EXISTING 15.00 FOOT WIDE SANITARY SEWER EASEMENT OF THE VISTA SANITATION DISTRICT AND THE CITY OF CARLSBAD PER INSTRUMENT NUMBER 184917, RECORDED ON OCTOBER 9, 1964; THENCE LEAVING SAID WESTERLY LINE OF HAYMAR DRIVE, SOUTH 8r42'36" WEST, 119.77 FEET ALONG THE CENTERLINE OF SAID EASEMENT; THENCE SOUTH 74*47'19" WEST, 200.00 FEET TO THE TWE POINT OF BEGINNING; THENCE SOUTH 66*12'12" WEST, 634.19 FEET; THENCE SOUTH 88*51'14" WEST, 1,185.00 FEET; THENCE SOUTH 88*30*59" WEST, 318.25 FEET; THENCE SOUTH 88*52*23" WEST, 305.06 FEET; THENCE SOUTH 68*00*22" WEST, 387.18 FEET; THENCE NORTH 42*41'03" WEST. 378 FEET. MORE OR LESS, TQ THE SOUTHERLY LINE OF THE AFOREMENTIONED EXISTING 15.00 FOOT WIDE SANITARY SEWER EASEMENT. 4. A GRANT OF ALL OF GRANTOR'S RIGHTS OF ACCESS, INGRESS AND EGRESS TO ASSESSOR'S PARCEL NO. 156-302-01 FROM, OVER AND ACROSS LOT 29 HEREIN DESCRIBED, AS CONVEYED BY PLAZA CAMINO REAL. A LIMITED PARTNERSHIP, TO THE PARKING AUTHORITY OF THE CITY OF CARLSBAD, A PUBLIC CORPORATION, IN AN INSTRUMENT RECORDED JANUARY 22, 1981, RECORDER'S FILE NO. 81-021122. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 5. AN AGREEMENT PARTICULARS DATED BY AND BETWEEN : REGARDING RECORDED TO WHICH REFERENCE IS HEREBY MADE FOR FULL SEPTEMBER 17, 1982 HUGHES INVESTMENTS. A CALIFORNIA GENERAL PARTNERSHIP, (HEREINAFTER "PERMITTEE"), MAY CENTERS. INC.. PLAZA CAMINO REAL. A CALIFORNIA LIMITED PARTNERSHIP, THE REPRESENTATIVES OF THE ESTATE OF BERNARD CITRON. WILLIAM S. BARTMAN MARITAL TRUST AND WILLIAM S. BARTMAN RESIDUARY TRUST. AND CERTAIN INDIVIDUALS (HEREINAFTER COLLECTIVELY REFERRED TO AS "GRANTOR") AND THE CALIFORNIA COASTAL COMMISSION (HEREINAFTER "COMMISSION") IRREVOCABLE OFFER TO DEDICATE IN FEE AND AGREEMENT WITH RESPECT TO RESTORATION OF THE BUENA VISTA LAGOON ECOLOGICAL RESERVE SEPTEMBER 23. 1982, RECORDER'S FILE NO. 82-295140 6. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED SEPTEMBER 17. 1982 BY AND BETWEEN : HUGHES INVESTMENTS, REFERRED TO AS "PERMITTEE." AND THE 1145074 PAGE 14 TICOR TITLE VSURANCE REGARDING : RECORDED : 7. AN AGREEMENT PARTICULARS DATED BY AND BETWEEN : REGARDING RECORDED CALIFORNIA COASTAL COMMISSION AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY SEPTEMBER 23, 1982, RECORDER'S FILE NO. 82-295141 TO WHICH REFERENCE IS HEREBY MADE FOR FULL SEPTEMBER 9 1982 HUGHES INVESTMENTS, A GENERAL PARTNERSHIP. PLAZA CAMINO REAL. A CALIFORNIA LIMITED PARTNERSHIP. MAY CENTERS, INC., A MISSOURI CORPORATION, (WHICH TOOK TITLE AS THE MAY STORES SHOPPING CENTERS, INC.) SOLE GENERAL PARTNER. THE ESTATE OF BERNARD CITRON. CECILE C. BARTMAN. EXECUTRIX, HARRY L. FRANK. JR.. FRED A. BARTMAN. JR.. WILLIAM S. BARTMAN MARITAL TRUST, WILLIAM S. BARTMAN RESIDUAL TRUST AND MAY CENTERS. INC.. AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION THE PAYMENT OF A PUBLIC FACILITIES FEE DECEMBER 10, 1982. RECORDER'S FILE NO. 82-378647 8. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED BY AND BETWEEN : REGARDING RECORDED OCTOBER 22, 1985 PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP AND HUGHES NORTH COUNTY ASSOCIATES, A GENERAL PARTNERSHIP RESTATED AND AMENDED ACCESS AGREEMENT AND AGREEMENT ESTABLISHING PARKING RESTRICTIONS AND EASEMENTS AUGUST 13, 1986, RECORDER'S FILE NO. 86-347146 AND AS MODIFIED BY AN INSTRUMENT EXECUTED BY HUGHES NORTH COUNTY ASSOCIATES, A RECORDED AUGUST 13, 1986, RECORDER'S FILE GENERAL PARTNERSHIP NO. 86-347147 9. AN UNRECORDED AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS AUGUST 1, 1979 PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP. ET AL AND THE CITY OF CARLSBAD AND THE VISTA SANITATION DISTRICT SEWER CONNECTION RIGHTS AS DISCLOSED BY DOCUMENT RECORDED AUGUST 13, 1986, RECORDER'S FILE NO, 86-347141 DATED BY AND BETWEEN REGARDING THE RIGHTS OF PLAZA CAMINO REAL WERE ASSIGNED TO HUGHES INVESTMENTS BY SAID DOCUMENT. THE INTEREST OF HUGHES INVESTMENTS WAS ASSIGNED TO HUGHES NORTH COUNTY ASSOCIATES BY DOCUMENT RECORDED AUGUST 13, 1986, RECORDER'S FILE NO. 86-347142. THE FOLLOWING MATTERS AFFECT PARCEL 3: 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. 1145074 PAGE 15 TICOR TITLE MSURANCE FOR THE FISCAL A LIEN NOT YET YEAR PAYABLE 1986-87 THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 2. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 8956 WATERLINE LOT 27 OF MAP 8956 3. 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 FEOERATED DEPARTMENT STORES. INC., A DELAWARE CORPORATION FOR : THE FOLLOWING NON-EXCLUSIVE EASEMENTS (HEREINAFTER REFERRED TO AS "COMMON USE EASEMENTS") APPURTENANT TO LOTS 14 AND 15 OF CARLSBAD TRACT NO. CT 76-18, FOR THE USE OF SAID FEDERATED DEPARTMENT STORES, INC., A DELAWARE CORPORATION AND ITS PERMITTEES: (A) AN EASEMENT FOR THE PURPOSE OF INGRESS AND EGRESS BY ANY PEDESTRIANS, AUTOMOBILES, TRUCKS AND ANY OTHER VEHICLES TO AN FROM SAID LOTS 14 AND 15, OR ANY PORTION THEREOF BY TRAVERSING THE PHASE II PUBLIC PARKING LAND IN ANY DIRECTION TO OR FROM ANY POINT ON THE COMMON BOUNDARY LINE OF THE PHASE II PUBLIC PARKING LAND AND THE SAID LOTS 14, AND 15, OR ANY PORTION THEREOF, INCLUDING. BUT NOT LIMITED TO. AN EASEMENT FOR ACCESS TO LOT 21 OF SAID CARLSBAD TRACT NO. CT 76-18 AND FROM THERE TO A PUBLIC STREET. TO WIT; MARRON ROAD; PROVIDED SAID EASEMENT TO THE EXTENT IT IS IN SAID LOT 21 SHALL TERMINATE AUTOMATICALLY UPON THE DEDICATION AND ACCEPTANCE OF SAID LOT AS A PUBLIC STREET. (B) EASEMENTS FOR PASSAGE AND PARKING OF VEHICLES AND FOR THE PASSAGE AND ACCOMMODATION OF PEDESTRIANS IN. TO AND OVER THE PORTION OF THE PHASE II PUBLIC PARKING LAND, LOTS 21 AND 27 OF SAID CARLSBAD TRACT NO. CT 76-18 INCLUDED WITHIN THE LAND DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATE IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 4 WEST. SAN BERNARDINO MERIDIAN ACCORDING TO OFFICIAL PLAT THEREOF. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 31. TOWNSHIP 11 SOUTH RANGE 4 WEST; THENCE ALONG THE SOUTH LINE OF SAID NORTH HALF, NORTH 89*42*19" WEST. 404.27 FEET; THENCE SOUTH 00*00*00" EAST, 660.86 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 79*26*03" EAST, 91.00 FEET; THENCE SOUTH 00*00*00" 1145074 PAGE 16 TICOR TITLE ItSURANCE WEST, 58.81 FEET; THENCE SOUTH 90*00*00" EAST. 10.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHEASTERLY ALONG SAID THROUGH A CENTRAL ANGLE OF 90*00*00" A DISTANCE OF 78.54 FEET; THENCE SOUTH 00*00*00" WEST, 88.50 FEET; THENCE SOUTH 90*00*00" EAST, 249.95 FEET; THENCE NORTH 00*00*00" EAST, 105.19 FEET; THENCE SOUTH 90*00'00" EAST, 280.90 FEET; THENCE SOUTH 20*00'00" EAST, 60.98 FEET; THENCE NORTH 70*00'00" EAST, 100.00 FEET; THENCE SOUTH 20*00'00" EAST, 175.00 FEET; THENCE SOUTH 70*00'00" WEST 35.00 FEET; THENCE SOUTH 20*00'00" EAST, 86.20 FEET TO A POINT IN THE NORTH LINE OF MARRON ROAD (73.50 FEET WIDE); THENCE NORTH 90*00'00" WEST. 513.25 FEET; THENCE NORTH 76*30'00" WEST, 347.95 FEET; THENCE NORTH 00*00'00" EAST, 6.17 FEET; THENCE NORTH 76*30'00" WEST, 331.90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 842.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06*26'45", A DISTANCE OF 94.73 FEET; THENCE NORTH 07*03*15" EAST, RADIALLY, 36.19 FEET; THENCE SOUTH 80*00'00" EAST, 45.00 FEET; THENCE NORTH 00*00'00" EAST, 210.00 FEET; THENCE SOUTH 90*00*00" EAST. 193.00 FEET; THENCE SOUTH 80*03*01" EAST. 176.79 FEET TO THE TRUE POINT OF BEGINNING. SAID COMMON USE EASEMENTS SHALL NOT BE EXERCISED SO AS TO INTERFER WITH THE USE OF THE PHASE II PUBLIC PARKING LAND FOR PUBLIC PARKING LOT PURPOSES AS SET FORTH IN THE GRANT DEED TO THE PARKING AUTHORITY UPON THE CONVEYANCE THEREOF TO THE PARKING AUTHORITY PURSUANT TO THE AGREEMENT FOR PHASE II PUBLIC PARKING. SAID COMMON USE EASEMENTS SHALL BE EXERCISED CONSISTENT WITH THE CONFIGURATION OF THE PARKING AREA ON THE PHASE II PUBLIC PARKING LAND. RECORDED : AUGUST 15, 1978, RECORDER'S FILE NO. 78-346419 4. 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 LESSOR LESSEE DISCLOSED BY RECORDED AFFECTS APRIL 1 1976 PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP SEARS, ROEBUCK AND CO., A NEW YORK CORPORATION MEMORANDUM OF LEASE AUGUST 15, 1978, RECORDER'S FILE NO. 78-346426 COMMON USE EASEMENTS OVER SAID LOT 27 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 : SEARS, ROEBUCK AND CO., A NEW YORK CORPORATION FOR THE FOLLOWING NON-EXCLUSIVE EASEMENTS (HEREINAFTER REFERRED TO AS "COMMON USE EASEMENTS") APPURTENANT TO TENANT'S (SEARS, ROEBUCK AND CO., A NEW YORK CORPORATION) LEASEHOLD ESTATE DESCRIBED AS LOT 25 OF CARLSBAD TRACT NO, CT-7618 (PLAZA CAMINO REAL SHOPPING CENTER) ACCORDING TO MAP THEREOF NO. 8956 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON AUGUST 11, 1978, FOR THE USE OF TENANT AND ITS PERMITTEES: 1145074 PAGE 17 TICOR TITLE VSURANCE RECORDED AFFECTS (A) AN EASEMENT FOR THE PURPOSE OF INGRESS AND EGRESS BY ANY PEDESTRIANS, AUTOMOBILES, TRUCKS AND ANY OTHER VEHICLES TO AND FROM THE LAND DESCRIBED AS LOT 25 OF CARLSBAD TRACT NO. CT-7618 (PLAZA CAMINO REAL SHOPPING CENTER) ACCORDING TO MAP THEREOF NO. 8956 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON AUGUST 11, 1978 OR ANY PORTION THEREOF, BY TRAVERSING THE PHASE II PUBLIC PARKING LAND IN ANY DIRECTION TO OR FROM ANY POINT ON THE COMMON BOUNDARY LINE OF THE PHASE II PUBLIC PARKING LAND AND THE LAND DESCRIBED ABOVE, OR ANY PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO. AN EASEMENT FOR ACCESS TO LOT 21 OF CARLSBAD TRACT 76-18 AND FROM THERE TO A PUBLIC STREET. TO WIT: MARRON ROAD; PROVIDED SAID EASEMENT TO THE EXTENT IT IS IN SAID LOT 21 SHALL TERMINATE AUTOMATICALLY UPON THE DEDICATION AND ACCEPTANCE OF SAID LOT AS A PUBLIC STREET. (B) EASEMENTS FOR PASSAGE AND PARKING OF VEHICLES AND FOR THE PASSAGE AND ACCOMMODATION OF PEDESTRIANS IN, TO AND OVER THE LAND DESCRIBED IN EXHIBIT SL-4 ATTACHED HERETO. AUGUST 15. 1978 RECORDER'S FILE NO. 78-346426 LOT 27 6. AN AGREEMENT PARTICULARS DATED BY AND BETWEEN : REGARDING RECORDED TO WHICH REFERENCE IS HEREBY MADE FOR FULL AUGUST 15, 1978 PLAZA CAMINO REAL. A CALIFORNIA LIMITED PARTNERSHIP. THE MAY DEPARTMENT STORES, A NEW YORK CORPORATION, J.C, PENNEY COMPANY. INC.. A DELAWARE CORPORATION, SEARS, ROEBUCK AND CO., A NEW YORK CORPORATION, FEDERATED DEPARTMENT STORES, INC., A DELAWARE CORPORATION AND CARTER HAWLEY HALE STORES, INC., A CALIFORNIA CORPORATION AMENDED AND RESTATED CONSTRUCTION, OPERATION AND RECIPROCAL EASEMENT AGREEMENT AUGUST 15, 1978, RECORDER'S FILE NO. 78-346427 THE PARTIES TO SAID AGREEMENT HAVE CONSENTED TO THIS PARCEL 3 EASEMENT BY CONSENTS ATTACHED TO THAT CERTAIN INSTRUMENT ENTITLED RESTATED AND AMENDED ACCESS AGREEMENT AND AGREEMENT ESTABLISHING PARKING RESTRICTIONS AND RECORDED AUGUST 13, 1986, RECORDER'S FILE NO. 86-347146, AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT. AND INCIDENTAL IN FAVOR OF FOR AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN PURPOSES: CARTER HAWLEY HALE STORES, INC.. A CALIFORNIA CORPORATION THE FOLLOWING NON-EXCLUSIVE EASEMENTS (HEREINAFTER REFERRED TO AS "COMMON USE EASEMENTS") APPURTENANT TO LOTS 18. 19 AND 24 OF SAID CARLSBAD TRACT NO. CT 76-18, FOR THE USE OF GRANTEE AND ITS PERMITTEES: (A) AN EASEMENT FOR THE PURPOSE OF INGRESS AND EGRESS BY ANY PEDESTRIANS, AUTOMOBILES, TRUCKS AND ANY OTHER VEHICLES TO AND FROM SAID LOTS 18, 19 AND 24 OR ANY PORTION THEREOF. BY TRAVERSING THE PHASE II PUBLIC PARKING LAND IN ANY DIRECTION TO OR FROM ANY POINT ON THE COMMON 1145074 PAGE 18 TICOR TITLE •iSURANCE BOUNDARY LINE OF THE PHASE II PUBLIC PARKING LAND AND THE SAID LINE OF THE PHASE II PUBLIC PARKING LAND AND THE SAID LOTS 18. 19 AND 24 OR ANY PORTION THEREOF. INCLUDING, BUT NOT LIMITED TO, AN EASEMENT FOR ACCESS TO LOT 21 OF SAID CARLSBAD TRACT NO. CT 76-18 AND FROM THERE TO A PUBLIC STREET, TO-WIT: MARRON ROAD; PROVIDED SAID EASEMENT TO THE EXTENT IT IS IN SAID LOT 21 SHALL TERMINATE AUTOMATICALLY UPON THE DEDICATION AND ACCEPTANCE OF SAID LOT AS A PUBLIC STREET. (B) EASEMENTS FOR PASSAGE AND PARKING OF VEHICLES AND FOR THE PASSAGE AND ACCOMMODATION OF PEDESTRIANS. IN, TO AND OVER THE PORTION OF THE PHASE II PUBLIC PARKING LAND INCLUDED WITHIN THE LAND DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATE IN THE CITY OF CARLSBAD AND OCEANSIDE, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 31. TOWNSHIP 11 SOUTH. RANGE 4 WEST; THENCE ALONG THE SOUTH LINE OF SAID NORTH HALF NORTH 89*42*19" WEST. 165.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTH LINE OF SAID NORTH HALF. SOUTH 106.88 FEET;. THENCE NORTH 83*52'33" EAST. 27.13 FEET; THENCE SOUTH 00*00'00" WEST, 121.23 FEET; THENCE NORTH 90*00'00" WEST, 65.97 FEET; THENCE SOUTH 00*00'00" WEST, 15.00 FEET; THENCE NORTH 90*00'00" WEST, 341.66 FEET; THENCE SOUTH 56*30*46" WEST, 21.44 FEET; THENCE NORTH 00*00*00" EAST, 100.00 FEET; THENCE NORTH 90*00*00" WEST, 220.00 FEET; THENCE NORTH 00*00*00" EAST, 110.00 FEET; THENCE NORTH 90*00'00" WEST, 30.00 FEET; THENCE NORTH 00*00'00" EAST. 45.38 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE ALONG THE SOUTH LINE NORTH 89*42'19" WEST, 662.16 FEET; THENCE NORTH 46*36*53" EAST, 180.54 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 315.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 41*28*19" A DISTANCE OF 228.00 FEET; THENCE NORTH 88*05*12" EAST. 137.15 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 315.00 FEET; THENCE EASTERLY ALONG SAID CURVE. THROUGH A CENTRAL ANGLE OF 44*26*59", A DISTANCE OF 244.38 FEET; THENCE SOUTH 47*27'49" EAST, 201.36 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE NORTH 42*32'11" EAST, 160.00 FEET; THENCE NORTH 47*27'49" WEST, 201.36 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 475.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 22*28'48", A DISTANCE OF 186.37 FEET; THENCE NORTH 00*00'00" EAST, 84.73 FEET; THENCE NORTH 89*41'28" EAST, 500.04 FEET; THENCE SOUTH 00*24'11" EAST, 439.22 FEET TO A POINT IN THE HEREINBEFORE MENTIONED SOUTH LINE OF SAID NORTH HALF; THENCE SOUTH 89*42'19" EAST, 160.00 FEET TO THE TRUE POINT OF BEGINNING. 1145074 PAGE 19 TICOR TITLE ^'SURANCE RECORDED SAID COMMON USE EASEMENTS SHALL NOT BE EXERCISED SO AS TO INTERFERE WITH THE USE OF THE PHASE II PUBLIC PARKING LAND FOR PUBLIC PARKING LOT PURPOSES AS SET FORTH IN THE GRANT DEED TO THE PARKING AUTHORITY UPON THE CONVEYANCE THEREOF TO THE PARKING AUTHORITY PURSUANT TO THE AGREEMENT FOR PHASE II PUBLIC PARKING. SAID COMMON USE EASEMENTS SHALL BE EXERCISED CONSISTENT WITH THE CONFIGURATION OF THE PARKING AREA ON THE PHASE II PARKING LAND JANUARY 31, 1979, RECORDER'S FILE NO. 79-049393 8. A GRANT OF ALL OF GRANTOR'S RIGHTS OF ACCESS, INGRESS AND EGRESS TO ASSESSOR'S PARCEL NO. 156-302-01 FROM, OVER AND ACROSS LOT 27 OF CARLSBAD TRACT 76-18 ACCORDING TO MAP THEREOF NO. 8956, FILED IN THE OFFICE OF THE COUNTY RECORDS OF SAID COUNTY ON AUGUST 11, 1978. FROM PLAZA CAMINO REAL, A LIMITED PARTNERSHIP, TO THE PARKING AUTHORITY OF THE CITY OF CARLSBAD. A PUBLIC CORPORATION, RECORDED JANUARY 22, 1981. RECORDER'S FILE NO. 81-021122. SAID DEED CONTAINS VARIOUS RESERVATIONS AND CONDITIONS. NOTE: PARCELS 1 AND 2 DESCRIBED HEREIN ARE NOT A PART OF SAID ASSESSOR'S PARCEL NO. 156-302-01. 9. COVENANTS. CONDITIONS AND RESTRICTIONS IN THE DEED EXECUTED BY PLAZA CAMINO REAL, A LIMITED PARTNERSHIP RECORDED : FEBRUARY 17, 1981, RECORDER'S FILE NO. 81-048011 RESTRICTIONS, IF ANY. BASED ON RACE. COLOR. RELIGION OR NATIONAL ORIGIN ARE DELETED. SAID RESTRICTIONS ARE THE RESULT. IN PART, OF PROVISIONS CONTAINED IN AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED AUGUST 15, 1978 BY AND BETWEEN : PLAZA CAMINO REAL, A CALIFORNIA LIMITED PARTNERSHIP AND THE MAY DEPARTMENT STORES COMPANY. ET AL REGARDING ASSIGNMENT OF RIGHTS OF REENTRY AND AGREEMENT RECORDED AUGUST 15, 1978, RECORDER'S FILE NO. 78-346432 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 IN FAVOR OF : PLAZA CAMINO REAL, A LIMITED PARTNERSHIP FOR : COMMON USE EASEMENTS RECORDED FEBRUARY 17, 1981. RECORDER'S FILE NO. 81-048011 AFFECTS : ALL OF LOT 27 11. 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 LESSOR LESSEE DISCLOSED BY RECORDED DECEMBER 29, 1980 PARKING AUTHORITY OF THE CITY OF CARLSBAD CITY OF CARLSBAD LEASE AGREEMENT FEBRUARY 24, 1981, RECORDER'S FILE NO. 81-054814 1145074 PAGE 20 TICOR TITLE MSURANCE AFFECTS LOT 27, WITH OTHER PROPERTY 12. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT EXECUTED BY : THE PARKING AUTHORITY OF THE CITY OF CARLSBAD RECORDED : OCTOBER 29, 1985, RECORDER'S FILE NO. 85-404884 RESTRICTIONS, IF ANY BASED ON RACE. COLOR. RELIGION OR NATIONAL ORIGIN ARE DELETED. 13. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS : OCTOBER 22. 1985 PLAZA CAMINO REAL. A CALIFORNIA LIMITED PARTNERSHIP AND HUGHES NORTH COUNTY ESTATES. A GENERAL PARTNERSHIP RESTATED AND AMENDED ACCESS AGREEMENT AND AGREEMENT ESTABLISHING PARKING RESTRICTIONS AND EASEMENTS AUGUST 13, 1986, RECORDER'S FILE NO. 86-347146 DATED BY AND BETWEEN REGARDING RECORDED AND AS MODIFIED BY AN INSTRUMENT EXECUTED BY HUGHES NORTH COUNTY ASSOCIATES, A GENERAL PARTNERSHIP RECORDED AUGUST 13, 1986, RECORDER'S FILE NO. 86-347147 SCHEDULE B PART II IN ADDITION TO THE MATTERS SET FORTH IN PART 1 OF THIS SCHEDULE, THE TITLE TO SAID ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN SCHEDULE C IS SUBJECT TO THE FOLLOWING MATTERS, IF ANY BE SHOWN, BUT THE COMPANY INSURES THAT SUCH MATTERS ARE SUBORDINATE TO THE LIEN OR CHARGE OF THE INSURED MORTGAGE UPON SAID ESTATE OR INTEREST: NONE 1145074 PAGE 21 TICOR TITLE VSURANCE SCHEDULE C THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL OF LOTS 32 TO 36 INCLUSIVE, OF HOSP EUCALYPTUS FOREST COMPANY'S TRACT, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1136, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 8, 1908. TOGETHER WITH THOSE PORTIONS OF LOTS 19, 20, 29, 30 AND 31 OF SAID HOSP EUCALYPTUS COMPANY'S TRACT AND THAT PORTION OF CARLSBAD ROAD ADJOINING SAID LOTS AS VACATED AND CLOSED TO PUBLIC USE. LYING SOUTHEASTERLY OF A LINE DRAWN PARALLEL WITH AND 30 FEET NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF TRACT 6 OF LAGUNA MESA TRACTS, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20, 1921; THENCE ALONG THE NORTHERLY LINE OF SAID MAP NO. 1719, NORTH 89*25'00" WEST (RECORD NORTH 89*26'00" WEST) 316.91 FEET TO THE CENTER LINE OF COUNTY ROAD SURVEY NO. 843 (KNOWN AS JEFFERSON STREET, 60.00 FEET WIDE), ACCORDING TO OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAN DIEGO COUNTY, BEING A POINT ON THE ARC OF A NON-TANGENT 432.52 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE OF SAID CURVE BEARS SOUTH 2r34'00" EAST TO SAID POINT. AND BEING ALSO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTER LINE AS FOLLOWS: NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33*07'00" A DISTANCE OF 249.99 FEET; AND TANGENT TO SAID CURVE NORTH 35*19'00" EAST TO THE SOUTHWESTERLY LINE OF THAT PORTION OF CALIFORNIA STATE HIGHWAY ll-SD-78 AS DESCRIBED IN PARCEL 1 IN DEED TO THE STATE OF CALIFORNIA. RECORDED MAY 28, 1971 AS FILE NO. 112979. EXCEPTING FROM SAID LOT 32 THAT PORTION OF THE NORTHERLY 120.00 FEET THEREOF LYING WESTERLY OF THE WESTERLY LINE OF THE EASTERLY 810.00 FEET THEREOF. ALSO EXCEPTING FROM SAID LOT 32 THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAID LOT 32 AND THE CENTER LINE OF JEFFERSON STREET AS DEFINED BY ROAD SURVEY NO. 843, GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED FEBRUARY 26, 1941 IN BOOK 1132, PAGE 419 OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTH LINE SOUTH 89*4r21" EAST, 64.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE (1) NORTH 27*36'27" EAST, 60.72 FEET; THENCE (2) SOUTH 83*41'13" EAST, 38.16 FEET; THENCE (3) SOUTHEASTERLY ALONG A TANGENT CURVE, CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 72.00 FEET, THROUGH A CENTRAL ANGLE OF 86*49'13", A DISTANCE OF 109.10 FEET; THENCE (4) TANGENT TO SAID CURVE SOUTH 3*08'00" WEST. 55.13 FEET; THENCE (5) SOUTHWESTERLY ALONG A TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 72.00 FEET, THROUGH A CENTRAL ANGLE OF 95*00'00", A DISTANCE OF 119.38 FEET; THENCE (6) TANGENT TO LAST SAID CURVE, NORTH 8r52'00" WEST, 21.00 FEET; THENCE (7) NORTHWESTERLY ALONG A TANGENT CURVE. CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 72.00 FEET, THROUGH A CENTRAL ANGLE OF 42*18*20", A DISTANCE OF 1145074 PAGE 22 TICOR TITLE* ^SURANCE 53.16 FEET TO A LINE 120.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID LOT 32; THENCE (8) ALONG LAST SAID LINE, SOUTH 89*41*21" EAST. 124.71 FEET TO A LINE 810.00 FEET WESTERLY OF THE EASTERLY LINE OF SAID LOT 32; THENCE (9) ALONG LAST SAID LINE. NORTH 0*18'39" EAST. 120.00 FEET TO SAID NORTHERLY LINE OF SAID LOT 32; THENCE (10) ALONG SAID NORTHERLY LINE. NORTH 89*41*21" WEST. 104.20 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOTS 32 AND 33 AND OF SAID CARLSBAD ROAD, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF JEFFERSON STREET AS DEFINED BY ROAD SURVEY NO. 843, GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED FEBRUARY 26. 1941. IN BOOK 1132. PAGE 419 OF OFFICIAL RECORDS OF SAID COUNTY. AND A LINE PARALLEL TO AND 120.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID LOT 32; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89*4r21" EAST, 38.07 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 39*27'44" WEST. 311.31 FEET; THENCE SOUTH 52*21'22" WEST. 26.03 FEET TO THE SOUTHEASTERLY LINE OF SAID ROAD SURVEY NO. 843; THENCE NORTH 53*48'02" WEST. 60.00 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID ROAD SURVEY NO. 843; THENCE LEAVING SAID LINE, NORTH 09*09'50" EAST, 28.07 FEET; THENCE NORTH 32*38*34" EAST. 161.20 FEET; THENCE NORTH 24*17'18" EAST. 195.15 FEET TO A POINT ON THE NORTH LINE OF SAID "HOSP EUCALPYTUS FOREST COMPANY'S TRACT"; THENCE ALONG SAID NORTH LINE SOUTH 89*41'21" EAST. 141.49 FEET TO THE SAID SOUTHEASTERLY LINE OF SAID ROAD SURVEY NO. 843; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 35*12'35" WEST, 146.31 FEET TO POINT OF BEGINNING. ALSO EXCEPTING FROM SAID LOT 33 THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 20; THENCE ALONG THE EASTERLY LINE THEREOF, NORTH 06*58'00" EAST 278.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 70*28'24" WEST 505.81 FEET; THENCE NORTH 89*29*00" WEST 213.74 FEET TO A POINT ON A NON-TANGENT 462.52 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE OF WHICH BEARS SOUTH 49*22*30" EAST TO SAID POINT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05*24*55", A DISTANCE OF 43.72 FEET; THENCE TANGENT TO SAID CURVE, NORTH 35*12*35" EAST 449.44 FEET TO THE BEGINNING OF A TANGENT 490.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 37*47*39" A DISTANCE OF 323.22 FEET; THENCE TANGENT TO SAID CURVE, NORTH 73*00*14" EAST 111.94 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE. CONCAVE SOUTHWESTERLY; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 86*40*30" A DISTANCE OF 30.26 FEET TO THE BEGINNING OF A REVERSE 842.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24*45*00", A DISTANCE OF 363.72 FEET; THENCE SOUTH 44*55*44" WEST 161.00 FEET TO A POINT WHICH BEARS NORTH 70*28*24" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 70*28*24" WEST 69.19 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING FROM SAID LOTS 33, 34, 35 AND 36, THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 31. TOWNSHIP 11 SOUTH. RANGE 4 WEST; THENCE ALONG THE SOUTH LINE OF SAID NORTH HALF NORTH 89*42*19" WEST, 404.27 FEET; THENCE SOUTH 962.79 FEET TO THE NORTHERLY LINE OF MARRON ROAD (82 FEET WIDE); 1145074 PAGE 23 TICOR TITL6 ASURANCe THENCE NORTH 76*30*00" WEST, 331.90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 842.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42*30*00" A DISTANCE OF 624.56 FEET; THENCE SOUTH 61*00*00" WEST, 174.26 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 758.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13*24*44" A DISTANCE OF 177.44 FEET; THENCE SOUTH 74*24*44" WEST, 42.40 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 74*24*44" WEST, 97.60 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 758.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60*3r00" A DISTANCE OF 800.61 FEET; THENCE NORTH 45*04'46" WEST. 130.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 558.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3r04'59" A DISTANCE OF 302.72 FEET; THENCE NORTH 13*59*17" WEST. 100.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 558.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14*17'17" A DISTANCE OF 139.15 FEET TO A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF MARRON ROAD (82 FEET WIDE); THENCE NORTH 89*42'00" WEST. 82.00 FEET ALONG SAID RIGHT OF WAY LINE TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 640.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14*17'17" A DISTANCE OF 159.60 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 96*00'00" A DISTANCE OF 31.42 FEET; THENCE SOUTH 76*00'00" WEST. 122.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 530.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40*48'08" A DISTANCE OF 377.43 FEET TO A POINT IN THE RIGHT OF WAY LINE OF JEFFERSON STREET (60 FEET WIDE); THENCE SOUTH 54*47'25" EAST, 60.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 470.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40*48*08" A DISTANCE OF 334.70 FEET; THENCE NORTH 76*00'00" EAST 122.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90*00'00" A DISTANCE OF 31.42 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 640.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3r04'59" A DISTANCE OF 347.20 FEET; THENCE SOUTH 45*04'16" EAST. 130.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 840.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60°3r00" A DISTANCE OF 887.22 FEET; THENCE NORTH 74*24'44" EAST, 97.60 FEET; THENCE NORTH 15*35'16" WEST, 82.00 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THOSE PORTIONS OF SAID LOTS 19 AND 20 AND OF SAID CARLSBAD ROAD, LYING SOUTHERLY AND SOUTHEASTERLY OF THE LOCATION AND PROLONGATIONS OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY LINE OF JEFFERSON STREET AS DESCRIBED IN DEED TO PLAZA CAMINO REAL, RECORDED DECEMBER 16, 1976 AS DOCUMENT NO. 76-422363 OF OFFICIAL RECORDS; BEING THE EASTERLY TERMINUS OF THAT CERTAIN 530 FOOT RADIUS CURVE, CONCAVE SOUTHERLY HAVING A CENTRAL ANGLE OF 40*48'08" AS DESCRIBED IN SAID DEED; THENCE WESTERLY ALONG SAID CURVE 377.43 FEET TO THE NORTHWESTERLY RIGHT OF WAY OF JEFFERSON STREET AS SHOWN ON ROAD SURVEY NO. 843; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE TO THE SOUTHERLY LINE OF SAID MAP NO. 1136. 1145074 PAGE 24 Carkbad Joumal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to North Coast Publishers, Inc. corporate offices: P.O. Box 878, Encinitas, CA 92024 (619) 753-6543 Proof of Publication STATE OF CALIFORNIA, gg. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I ann over the age of eighteen years, and not a party to or interested in the above entitled matter. I cm principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice 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 Corlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice -— hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dotes, to-wit: NOTICE OF PUBLIC HEARING Forest) June 8,1908. Those persons wishing to speali on this proposal are cordially in-vited to attend the public hearing. NOTICE IS HEREBY GIVEN that if you have any qiwstions please the Planning Commission of the call the Pl^piiing Department at City OfCarlsbad will hold a pnWjo ; • f' „ hearing at the Council Chambers, If you challenge the Specific Plan 1200 Elm Avenue, Garlsbad, Call- Amendment JUMW* Conditional fornia, at 6:00 p.m. on Wednesday, Ose Permit in isourt, you may be June 3,1987, to consider approval of limited to raising only those issues a Specific Plan AmendmentiWli*», «»u% iomeoiiBF raised at the Conditional Use Permit to d**eao^ ^ fuijlic lieariiigdesfcribed in this no- a Lincoln Savings arid Loan finan- cial institution with a drive- through facility on property gener- ally located at the northwest comer ofthe North County Plaza and more particularly described as: That portion of Lots 32 to 38 inclu- sive. Map 1136 (Hosp Eucalyptus tiee, or in written correspondence delivered to the City ofCarlsbad at or prior to the public hearing. Case File: SP-187(A)/CUP-304 Applicant: LINCOLN SAVINGS GITY OF CARLSBAD PLANNINGCOMMISSION LINCOL N SAVrNGS & L'bAk' SP-187(A) ri.inijiaiji.ji 'I ^*€UP-304 .May. .22 1 9 .8.7 . 19, I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on The 22nd of May. 198Z-day May, y V Clerk of the Printer CJ 4688: May 22,1987 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a pviblic hearing at the Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 p.m. on Wednesday, June 3, 1987, to consider approval of a Specific Plan Amendment and a Conditional Use Permit to develop a Lincoln Savings and Loan financial institution with a drive-through facility on property generedly located at the northwest corner of the North County Plaza and more particularly described as; That portion of Lots 32 to 36 inclusive. Map 1136 (Hosp Eucalyptus Forest) June 8, 1908. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call tiie Planning Department at 438-1161. If you challenge the Specific Plan Amendment and/or Conditional Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE PILE: SP-187(A)/CUP-304 APPLICANT: LINCOLN SAVINGS AND LOAN PUBLISH: May 22, 1987 CITY OF CARLSBAD PLANNING COMMISSION yftfk\%\'^miy\ SP-187(A) LINCOLN SAVINGS & LOAN CUP-304 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Safety and Service Center, 2560 Orion Way, Carlsbad, California, at 6:00 p.m. on Wednesday, April 1, 1987, to consider approval for a specific plan amendment and a conditional use permit to develop a Lincoln Savings and Loan financial institution with a drive-through facility on property generally located at the northwest corner of the North County Plaza and more particularly described as: That portion of Lots 32 to 36 inclusive, Map 1136 (Hosp Eucalyptus Forest) Oune 8, 1908. Those persons wishing to speal< on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Planning Department at 'if38-1161. If you challenge the Specific Plan Amendment or Conditional Use Permit In court, you may be limited to raising only those Issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: SP-187(A)/CUP-30if APPLICANT: LINCOLN SAVINGS AND LOAN PUBLISH: March 21, 1987 CITY OF CARLSBAD PLANNING COMMISSION LINCOLN SAVINGS & LOAN SP-187(A) CUP-304 Carlsbad Joumal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to North Coast Publishers, Inc. corporate offices: P.O. Box 878, Encinitas, CA 92024 (619) 753-6543 Proof of Publicatioit**i^« CARLSBAD STATE OF CALIFORNIA, 55. 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 o party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intel ligence of a general character, and which newspaper at all times herein mentioned had and sti 11 has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dotes, to-wit: NOTICE OF PUBLIC HBARiriG NOTICEIS HEREBY GIVEN that the Planning Commission ot the City of (Arlsbad wiirhol4 a public hearing at the Safety and Service Center, 2560 Orion Way, Carlsbad, California, at 6:00 p.m. on Wednes- day, April 1, 1987, to consider approval for a specific plan amend- ment and a conditional use permit to develop a J.incoln Savings and Loan financial institution with a drive-through facility on property generally located at the nortliwest corner of the North County Plaza and more particulariy described as: That portion of Lots 32 to 36 Inclu- sive. Map 1136 (Hosp Eucalyptus Forest) June 8,1908. Those persons wishipg to spealc on this proposal are cordially in- vited to attend the pubtie hearing. If you have ahy questions {Please call the Planning Department.'at 438-1161. Ifyou challenge the SpecificPlan ' Amendment or Conditional Use Permit in court, you ma)^be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence deliv- ered to the City of Carlsbad at or prior to the public hearing. Case File: SP-187(A)/CUP-304 Applicant: LINCOLN SAVINGS AND LOAN CITY OF CARLSBAD PLANNING COMMISSION March 21, 19 .87 LINCOLN SAVINGS & LOAN CUP-304 SP-187(A) 19 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on thp- 21 st of March , 1 987 day / riarU Clerk of the Printer CJ 4590: March 21, 1987 t PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619) 438-1161 Citp of taxlihah NEGATIVE DECLARATION PROOECT ADDRESS/LOCATION: This project is located at the northwest corner of the North County Plaza. PROOECT DESCRIPTION: This project, SP-187(A)/CUP-30^^, will include a Lincoln Savings and Loan financial institution with a drive-through facility. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a 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 Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, CA., 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of issuance. DATED: March 14, 1987 CASE NO: SP-187(A)/CUP-30'f APPLICANT: Lincoln Savings and Loan PUBLISH DATE: March 14, 1987 MICHAEL a. H0L7MILLE Planning Director ND4 11/85 t PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619) 438-1161 Citp of Carlflfbab NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: This project is located at the northwest corner of the North County Plaza. PROJECT DESCRIPTION: This project, SP-187(A)/CUP-304, will include a Lincoln Savings and Loan financial institution with a drive-through facility. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a 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 Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, CA., 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of issuance. DATED: March 14, 1987 CASE NO: SP-187(A)/CUP-304 APPLICANT: Lincoln Savings and Loan PUBLISH DATE: March 14, 1987 MICHAEL J. HOLZMILLE Planning Director ND4 11/85 Carlsbad Joumal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to North Coast Publishers, Inc. corporate offices: P.O. Box 878, Encinitas, CA 92024 (619) 753-6543 Proof of Publication STATE OF CALIFORNIA, gs. COUNTY OF SAN DIEGO, Krtii 198] i.„rJG DEPARTMENT CITY Of CARLSBAO I am a citizen of the United States ond a resident of the county oforesoid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intel ligence of a general character, and which newspaper at all times herein mentioned hod 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 Son Diego, State of California, for a period exceeding one year next preceding the dote 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 following dates, to-wit: NEGATIVE DECLARATION PROJECT ADDRESS/LOCA-TION: This project is located at the northwest corner of the North County Plaza. PROJECT DESCRIPTION: This project, SP-187(A)/CUP-304, will in- clude a Lincoln Savings and Loan financial institution with a drive- through facility. The City of Carlsbad has con- duct«4 •• CBvirMHBcatal re>iqw of the abora dtcfttaJ »rBi»»t yir- suaBt to the GuldtlioM fnr laplc mentaUon of the California Knvi- ronmantal Quality Aet and the En- vironmental Protection Ordinance ofthe City ofCarlsbad. At a result of said review, a Negative Declara- tion (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justi-flcation for this action is on file in the Planning Department. A copy of the Negative Declara-tion with supportive documents is on file in the Planning Department, 2079 Las Palmas Drive, Carlsbad, CA 92009. Comments f^om the pub-lic are invited. Please submit com-ments in writing to the Planning Department within ten (10) days of date of issuance. Dated: March 14,1987 Case No.: SP-187(A)/CUP-304 Applicant: Lincoln Savings and Loan MICHAEL J. HOLZMILLER Planning Director CJ 4578: March 14,1987 March 14, 19.87 19 19 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on thf^ 14th day of March, 1987 y Clerk Clerk of the Printer #202-2M-7 86 December 4, 1986 Owner Medical Group Laboratory c/o Tremont Corporation 321 Cassidy Street Oceanside, CA 92054 Valley Home Furniture c/o B. D. Laramy 2333 Nicklaus Drive Oceanside, CA 92056 Page 1 8533-87-20 Assessor's Parcel No.(s) HFH Ltd., et. al. c/o Fred A. Barman 9601 Wilshire Blvd. Beverly Hills, CA , Suite 90210 810 State of California Department of Fish and Game 245 West Broadway Suite 350 Long Beach, CA 90802 Robert and Dorothy Blumenshine and Karen Blumenshine 2202 Highland Drive Carlsbad, CA 92008 1821 Ratcliff Road Carlsbad, CA 92008 154-140-19 154-140-25 154-140-29 154-140-30 156-301-04 154-140-32 156-051-17 156-270-55 City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 156- 156- 156- 156- -080 •080 -301 -301 -10 -11 -01-02 -02 Grove Apartments Investment Co. 10738 West Tico Blvd. Los Angeles, CA 90064 156- 156- •080 •080 -18 -19 Clayton and Arnetta McAndrew 1790 Ratcliff Road Carlsbad, CA 92008 156-270 -04 Kuniko Johnson 1800 Ratcliff Road Carlsbad, CA 92008 156-270--05 Kenneth and Susan Roush 1810 Ratcliff Road Carlsbad, CA 92008 156-270-06 William and Aileen Baker 156-270-07 December 4, 1986 Owner Donna Stevens 1811 Ratcliff Road Carlsbad, CA 92008 Mary and Rudy Moreno 1810 Guevara Road Carlsbad, CA 92008 Timothy Emerson 1812 Guevara Road Carlsbad, CA 92008 Joseph and Joan Martin 1814 Guevara Road Carlsbad, CA 92008 Teresa and Peter Fry 1831 Guevara Road Carlsbad, CA 92008 City of Vista 600 Eucalyptus Avenue Vista, CA 92083 Hughes North County Associates Two Corporate Plaza, Suite 250 Newport Beach, CA 92660 City of Carlsbad Parking Authority 1200 Elm Avenue Carlsbad, CA 92008 Plaza Camino Real c/o May Stores Shopping Centers, Inc. 1555 Railway Exc. Blvd. 611 Olive Street St. Louis, MO 63101 City of Oceanside 704 3rd Street Attn: City Clerk Oceanside, CA 92054 Page 2 8533-87-20 Assessor's Parcel No.(s) 156-270-08 156-270-16 156-270-17 156-270-18 156-270-19 156-301-01-01 156-301-03 156-301-05 165-120-56 156-301-11 156-301-13 165-120-17 I5U>3 Oo^e) C.r-o\^ ^o^+K, DATE: TO Planning Department Engineering Department FROM: Fire Department CONDITIONS FOR PROJECT # / /j^o ^ /^ y>/^ c/z/Acs STANDARD CONDITIONS 2. 3. 4. 5. 6. 7. 8. 9. e 11. (nJ Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. Additional public and/or on site fire hydrants shall be provided if deemed necessary by the Fire Marshal. The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and on site roads and drives to the Fire Marshal for approval. An all weather access road shall be maintained throughout construction. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. Proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire Department. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane-Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. Fire retardant roofs shall be required on all structures. Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. All roof-top appurtenances shall be architecturally integrated into the design of the building and shielding to prevent noise and visual impacts, subject to approval before issuance of permit. Building exceeding 10,000 sq, ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq, ft. (or less) areas. ADDITIONAL CONDITIONS/COMMENTS :4 i>-/-:'U-i -t i::>'ypt.c. t^/. g-''U<--c^ ^ 0 /M^ /AAjyyAfU. , A'-/ c^^.y.-^^c<-Ay r^ • "€JA^ ^^^^ ^ yyA ^cyf A ^.^^^-^^ ^-A^^e j^^^^-y^ ^^...^^C^ ;^^^fAr^. 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 PLANNING DEPARTMENT W^^U^ (619)438-1161 PLANNING COMMISSION NOTICE OF DECISION June 8, 1987 SGPA Planning & Architecture 18200 Von Karman Irvine, California 92715 CUP-304 LINCOLN SAVINGS & LOAN At the Planning Commission meeting of June 3, 1987, your application was considered. The Commission voted 4-2 to deny 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. /lv MICHAEL J. HOLZMILLER Planning Director MJH:dm 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 PLANNING DEPARTMENT SfM (619)438-1161 Citp of Carlflfbab May 19, 1987 SGPA Planning & Architecture 1565 Hotel Circle South, Suite 200 San Diego, California 92108 SUBJECT: CUP-304 LINCOLN SAVINGS AND LOAN Preliminary Staff Report The preliminary staff report for the above referenced project will be available for you to pick up on Friday, May 22, 1987, after 8 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on May 26, 1987. 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: IB necessary that you bring yoar required colored exhibit!s) with you to this aeeting in order for your project to go forward to Planning Cowtission. If you do not plan to attend this •eeting, please aake arrangeaents to have your colored exhibit(s) here by the scheduled tiae above. If you need additional information concerning this matter, please contact the Planning Department at 438-1161. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Planning Director By Planning Department MJH:dm PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619) 438-1161 Citp of Carlfliliab May 19, 1987 Lincoln Savings & Loan Association 18200 Von Karman Irvine, California 92715 SUBJECT: CUP-304 LINCOLN SAVINGS AND LOAN Preliminary Staff Report The preliminary staff report for the above referenced project will be available for you to pick up on Friday, May 22, 1987, after 8 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on May 26, 1987. 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 colored exhibitis} with you to this aeeting in order for your project to go forward to Planning Coaaission. If you do not plan to attend this aeeting, please aake arrangeaents to have your colored exhibitis1 here by the scheduled tiae above. If you need additional information concerning this matter, please contact the Planning Department at 438-1161. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Planning Director By; Planning Department MJH:dm PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619) 438-1161 Citp of Carlsibab March 18, 1987 SGPA Planning & Architecture 1565 Hotel Circle South, Suite 200 San Diego, CA 92108 SUBOECT: SP-187(A)/CUP-304 Staff Report LINCOLN SAVINGS AND LOAN Preliminary The preliminary staff report for the above referenced project will be available for you to pick up on Friday, March 20, 1987, after 8 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on March 23, 1987 at the Community Development facility, 2075 Las Palmas Drive. 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 colored exhibit(s) with you to this meeting in order for your project to go forward to Planning Coaaission. If you do not plan to attend this aeeting, please aake arrangeaents to have your colored exhiblt(s) here by the scheduled tiae above. If you need additional information contact the Planning Department at CITY OF CARLSBAD concerning i^38-1 161 . this matter, please MICHAEL 3. HOLZMILLER Planning Director By: C4/iA/iL^ (^J>A/m^ Planninq Department M3H:bn r PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619) 438-1161 Citp of Cadflfbab January 16, 1987 SGPA c/o Geoff Reeslund 1565 Hotel Circle South P.O Box 33326 San Diego, California 92103 RE: LINCOLN SAVINGS - CUP-304 The Coinmunity Development Director, the City Engineer and the Planning Director have reviewed the application you submitted for the above-referenced project. Based upon this review, it has been determined that there are major problems associated with your application which must be addressed before this application can be scheduled for a hearing. The problems or issues are listed below. Also, the name of the project planner and project engineer is provided. You should setup a meeting to discuss the issues with the appropriate staff member. Once the problems/issues have been addressed, your application will then be scheduled for a hearing. PROBLEMS/ISSUES Aisle is too narrow for 60" parking and two-way trafficT Traffic pattern of proposal not adequate for safe circulation. Drive-thru aisle is too narrow Requires traffic generation figurT" PROJECT PLANNER Chris DeCerbo PROJECT ENGINEER Charles Kubli for drive-thru. PLANNING DEPARTMENT 0 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619) 438-1161 Citp of Carlibab October 27, 1 986 SGPA c/o Geoff Reeslund 1565 Hotel Circle South P, 0. BOX 33326 (92103) San Diego, CA 92108 RE; NORTH COUNTY PLAZA, DRIVE-THRU ATM FOR LINCOLN SAVINGS Dear Geoff: As discussed in our telephone conversation on October 27, 1986, a conditional use permit application will be required to process the proposed Lincoln Savings ATM through the City. This requirement is clearly spelled out on Page 4 of the Precise Plan for North County Plaza. If you have any other questions, do not hesitate to call. CHRISTOPHER D. DE CERBO Associate Planner CDD:bn 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 PLANNING DEPARTMENT CfM (619) 438-1161 Citp of Carli2(bab January 14, 1987 SGPA c/o Geoff Reeslund 1565 Hotel Circle South P.O. Box 33326 (92103) San Diego, California 92108 RE: CUP-304 (LINCOLN SAVINGS & LOAN) Dear Geoff: The approved site development plan for the North County Plaza does not show a drive-thru facility within that portion of the property, identified on CUP-304. In view of this inconsistency, a site development plan amendment application may also be required aa part of this CUP request. Staff will require additional time to discuss this concern. I will call you by January 16, 1987, to let you know whether this additional application will be required to be submitted to the City. Until this issue is resolved, it is staff's opinion that the conditional use permit application (CUP-304) cannot be deemed complete. Please contact me if you have any questions or concerns. S incerely, CHRISTOPHER D. DECERBO Associate Planner CDD:dm APPLICATION SUBMITTAL DATE; DECEMBER i^Bk1 986 Q^- STAFF REPORT DATE: JUNE 3, 1987 TO; PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT; SP-187(A)/CUP-304 - LINCOLN SAVINGS AND LOAN - Request for a Specific Plan Amendment and a Conditional Use Permit to develop a Lincoln Savings and Loan financial institution with a drive-through facility at the northwest corner of the North County Plaza I. RECOMMENDATION That the Planning Commission ADOPT Resolution Nos. 2647 and 2648 APPROVING SP-187(A)/CUP-304, based on the findings contained therein. DISCUSSION On April 1, 1987, this project, SP-187(A)/CUP-304, was heard before the Planning Commission. At that time, staff was reommending denial of the project because: (1) the proposed drive-through facility, being single trip oriented, is not a compatible use within a regional shopping center, and (2) the proposal reduces the width of a driveway and parking aisle below that which is deemed adequate for safe circulation. The Planning Commission had a lengthy discussion concerning the appropriateness of a drive-through facility in a regional shopping center, with no apparent conclusion being reached. However, a motion was made to send the project back to staff for revisions to the parking and driveway layout, so that the project complies with the City's circulation standards. As shown on Exhibits "A" - "B", the project's circulation system has been redesigned. It is noted, that these proposed circulation revisions have been accomplished without having to reduce any of the project landscaping. The specific revisions include the following: (1) Narrowing the project's parking aisles from 21 feet to 20 feet and redesigning them for one way directional flow. This revision reduces potential traffic conflicts at the southern entryway to the project, and creates a more efficient circulation pattern on site. The 20 foot parking aisle width is more than adequate for one way parking aisles with 60* parking. However, even with these revisions, the project still does not technically comply with the City's amended Parking Ordinance. The City's Parking Ordinance indicates that for one way 60' parking aisles, the width of a parking section, including two parking stalls plus the aisle should equal 6 1 feet and eight inches. The redesigned project as proposed does not comply with this standard. As a matter of fact, none of the parking for the North County Plaza, approved as part of Specific Plan 187, is in compliance with this standard. However, staff believes that the redesigned parking layout is still minimally acceptable even though it does not comply with the City's amended parking standards. This conclusion is based upon the following reasons: (1) The parking layout as proposed is consistent in terms of standards applicable at the time Specific Plan 187 was approved. (2) The City's Parking Standard for 60* one way aisles is conservative. Other agencies utilize lesser standards which would be consistent with the design as proposed. Staff also has added condition 20 which stipulates that the northernmost access drive be increased in width from 18 feet to 20 feet in order to satisfy fire department driveway requirements. This revision can be accommodated by reducing the width of both 60* parking aisles to 19 feet each. The one way 19 foot wide aisles are still adequate for 60* parking. Overall, the project has been redesigned to respond to the Planning Commission concerns over project circulation. Although the redesigned parking still does not technically comply with the City's amended Parking Standards, staff believes that the proposed parking layout is minimally acceptable. If the Planning Commission decides to recommend approval of this project, staff has included a resolution of approval with attached conditions. However, staff still believes that the proposed drive-through is an incompatible use within the context of a regional shopping center. ATTACHMENTS 1. Planning Commission Resolution Nos. 2647 and 2648 2. Staff Report, dated April 1, 1987 3. Exhibits "A" - "B", dated April 27, 1987 CDD:dm 4/30/87 APPLICATION SUBMITTAL DATE: DECEMBER^^ 1986 STAFF REPORT DATE: APRIL 1, 1987 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUB3ECT: SP-187 (A)/CUP-30'v - LINCOLN SAVINGS AND LOAN - Request for a Specific Plan Amendment and a Conditional Use Permit to develop a Lincoln Savings and Loan financial institution with a drive-through facility at the northwest corner of the North County Plaza. I. RECOMMENDATION That the Planning Commission ADOPT Resolution Nos. 26^7 and 2648 DENYING SP-187(A)/CUP-304, based on the findings contained therein. II. PROOECT DESCRIPTION AND BACKGROUND On Duly 5, 1983, the City Council approved Specific Plan - 187 and its associated site plan for the North County Plaza. At that time, the project site plan included a 111,800 square foot commercial building core (composed of four anchor department stores) with ten individual commercial buildings (total of 60,012 square feet) located generally along the Marron Road frontage of the site. As proposed, this project met the Intent of the RRI (Intensive Regional Retail) General Plan designation over the property. Subsequent the approval of this project, the project applicants have processed a number of site plan amendments through the Planning Department. The most notable of these amendments included revisions to the core commercial area. These revisions entailed, the deletion of two of the approved anchor stores and the redistribution of the associated square footage, within smaller specialty stores located along the eastern boundary of the site. According to the project applicant, these changes were requested because of the difficulty in attracting potential anchor stores to this site. The project applicants contend that because of the aforementioned site plan revisions, the project no longer can technically be classified as a "regional shopping center", but instead is more closely associated with a "community commercial center". Staff, however, believes that this shopping center even with the approved revisions, still qualifies as a regional shopping center for the following reasons: 1) The General Plan definition for an "Intensive Regional Retail Center" (RRI) includes the following criteria: a) That a department store is typically the major magnet of a regional shopping center, while other stores supplement and compliment the department store. b) A group of convenience stores, service facilities, business and professional offices are often associated with the center. Some of these may be incorporated in the center Itself, or arranged at the periphery in the immediate area. c) Such centers should have orderly and functional store arrangement and adequate and convenient off- street parking. As approved and revised the project still meets these General Plan criteria. 2) Because of the projects close proximity to Plaza Camino Real (a "regional shopping center") and the fact it shares the same basic "block" of property, it clearly benefits from and contributes to the agglomeration of people at these centers, thereby reinforcing the "economies of scale" typically associated with regional shopping centers. Based upon these reasons, staff believes that the North County Plaza, should continue to be regarded as a "Regional Shopping Center". In accordance, the requested specific plan amendment (SP-187(A)) and conditional use permit (CUP-304) have been reviewed relative to this consideration. The applicant is requesting a specific plan amendment and a conditional use permit to develop a financial institution with a drive-through facility located as described above. As shown on Exhibits "A" and "B", the financial institution as proposed (Building "T", 5,820 SF) would replace a 9,000 square foot commercial building (Building "T") originally shown on the approved site plan for Specific Plan 187 (See Reduced Exhibit "C"), The remainder of the 3,180 square feet of commercial use approved as part of Building "T" on the original site plan will be distributed over buildings "S" and "Q", According to Specific Plan 187, these site plan changes are regarded as minor in nature and are approvable by the Planning Director, However, per Specific Plan 187, the proposed drive-through facility requires both a specific plan amendment and a conditional use permit. As shown on Exhibits "A" and "C", the drive-through facility would be located along the North County Plaza's northern most driveway, adjacent to Buena Vista Creek. The proposed drive-through would require a 10-foot wide driveway. To accommodate this additional 10-foot wide driveway and drive- through facility, the northernmost North County Plaza driveway would have to be reduced from 24 feet to 16 feet. In addition, a row of parking spaces would have to be deleted and the nearest adjacent parking aisle to the south would also have to be reduced in width from 24 to 21 feet. With these revisions, the parking ratio for the shopping center still remains in excess of 4.7 spaces/1,000 square feet as required by the existing Specific Plan 187 and the City's amended Parking Ordinance. The architecture of the proposed Lincoln Savings Bank will be composed of light colored stucco with a red tile roof, clerestory windows with mullions will be incorporated Into the structure to enhance its appearance. The proposed drive-through facility will include an automatic teller machine and will be composed of similar stucco with architectural features as the bank, The project site is currently in the process of being developed with the North County Plaza. The project site is surrounded by Buena Vista Creek to the north, Oefferson Street to the west and other portions of the North County Plaza to the south and east. III. ANALYSIS Planning Issues 1) Is the proposed drive-through facility a compatible use within this regional shopping center? 2) Will the proposed specific plan amendment, to Specific Plan 187, which amends the approved site plan, result in unacceptable parking ratios or circulation problems? 3) Will the requested use adversely affect the viability of use of the area as a commercial district or adversely affect nearby uses or traffic movements? 4) Can the four findings required for the granting of a conditional use permit be made, which are as follows: a) That the requested use is necessary or desirable for the development of the community, Is essentially in harmony 3- with the various elements and objectives of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b) That the site for the intended use is adequate in size and shape to accommodate the use. c) That all of the yards, setbacks, walls, fences, landscaping and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained. d) That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Discussion As discussed within the staff report for Specific Plan 187 (North County Plaza, December 8, 1982) drive-through facilities are not regarded as compatible uses within this regional shopping center. This finding is associated with the general philosophy that regional shopping centers are not designed for or meant to accommodate single purpose drive-through traffic, which drive- through banking facilities tend to generate. To the contrary, regional shopping centers are designed with large parking lots and variety of commercial uses, whereby consumers can park their cars at one location, and complete pedestrian oriented multiple task shopping trips. Within the context of a regional shopping center, drive-through traffic would inevitably be Introduced into designated parking areas, thereby resulting in additional conflicting traffic movements. For reference, this drive-through facility would generate approximately 1,464 average daily trips or 300 more trips than a savings bank without a drive-through (San Diego Traffic Generators, March 1985), In view of this Inherent incompatibility of a drive-through facility within a regional shopping center and the potential conflicting traffic movements that would result, staff cannot recommend support of this drive-through facility at the North County Plaza. As discussed earlier, implementation of the proposed project would not result in unacceptable parking ratios. However, implementation of the proposed drive-through facility will necessitate other revisions to the approved North County Plaza site plan. These revisions include: (1) reduction in the width of the plazas northernmost driveway from 24 to 16 feet, and (2) reduction in the width of the nearest adjacent parking aisle to the south from 24 to 21 feet. As proposed, the 21 foot wide parking aisle is neither in conformance with the City's amended Parking Ordinance (which requires a 24 foot minimum width), nor the approved site plan, which requires a minimum 24 foot wide aisle within this portion of the site. It is staffs opinion that -4- in order to ensure safe circulation and adequate manueverab11ity within this parking lot, the required 24 foot wide parking aisles should be maintained. The existing site plan for the North County Plaza also includes a note which allows two specific driveway aisles located in the southeast corner of the property to be constructed at a width of 20 feet. Staff recommends that the site plan be amended to require that these aisles be developed at a minimum width of 24 feet. Overall, staff cannot recommend support of the proposed specific plan amendment to allow a drlve-through facility because of; (1) a drive-through facility's inherent incompatibility within the context of a regional shopping center and the potential conflicting traffic movement that would result, and (2) the proposal reduces the width of the nearest parking aisle below that which is deemed adequate for safe circulation. With regard to the conditional use permit requested, It is concluded that, since the requested drive-through facility is not a compatible use within a regional shopping center, because of the potentially adverse circulation impacts that could result, staff is unable to make the necessary findings to support the requested conditional use permit. Staff would also like to mention that the site for the intended use is not adequate in size to accommodate the use since it would require that the nearest adjacent parking aisle be reduced to a width deemed inadequate for safe circulation. Based upon these findings, staff recommends denial of SP-187(A)/CUP-304. IV. ENVIRONMENTAL REVIEW The Planning Director has determined that this project will not have a significant impact on the environment and, therefore, has issued a Negative Declaration on March 14, 1987. ATTACHMENTS 1) Planning Commission Resolution Nos. 2647 and 2648 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Environmental Document 6) Reduced Exhibits 7) Exhibits "A" - "F", dated December 11, 1986 CDD:bn 3/9/87 SP-187(A) LINCOLN SAVINGS & LOAN CUP-304 BACKGROUND DATA SHEET CASE NO: SP-187(A)/CUP-304 APPLICANT: LINCOLN SAVINGS AND LOAN REQUEST AND LOCATION; Request for a specific plan amendment and a conditional use pemit to develop a financial institution with a drive-thru facility at the northwest corner of the North County Plaza. LEGAL DESCRIPTION: That portion of Lots 32 to 36 inclusive. Map 1136 (Hosp Eucalyptus Forest) June 8, 1908 APN; 154-160-27 Acres 16.9 Proposed No. of Lots/Units GENERAL PLAN AND ZONING Land Use Designation RRI Density Allowed Density Proposed ^ Existing Zone C-2-Q Proposed Zone C-2-Q Surrounding Zoning and Land Use: Zoning Land Use Site C-2-Q North County Plaza North OS Buena Vista Creek South C-2-Q North County Plaza East C-2-Q North County Plaza West PC Jefferson Street PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's Public Facilities Fee Agreement, dated December 5, 1986 ENVIRONMENTAL IMPACT ASSESSMENT x Negative Declaration, issued March 14, 1987 ^E.I.R. Certified, dated Other, DISCLaSORB PORN APPLICANT: Lincoln Savings & Loan Association, A California Corporation Name (individual, partnership, joint venture, cxsrporation, syndication) 18200 Von Karman, Irvine California 92715 Builnisi~]33riii (714) 553-0200 Telephone Number AGENT: SGPA Planninq & Architecture Name 1565 Hotel Circle South, Suite 200 San Diego, California 92108 Business Address i I (619) 297-0131 Telephone Number MEMBERS: ThomaS V. Hott, Vice President 26852 Via Victoria, Mission Viejo Name (individual, partner, joint Home Address CA 92691 venture, corporation, syndication) 18200 Von Karman, Irvine California 92715 Business Address (714) 553-0200 Telephone Nimber TelefAwne NuiiDer Name Home Address Business Address Telephone Nunber Telep^ne Number (Attach more sheets if necessary) The applicant is required to apply for Coastal Conmission Approval if located in the Coastal lone. I/Vfe declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and nay be relied \jpon as being true and correct tntil amended. LINCOLN SAVINGS & LOAN ASSOCIATION APPLICANT IY lAAyi I i yJ. Qy^y^ . y- y Aqent, Owner, Partner PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619) 438-1161 Citp of Carls(tiab NEGATIVE DECLARATION PROOECT ADDRESS/LOCATION: This project is located at the northwest corner of the North County Plaza. PROOECT DESCRIPTION: This project, SP-187(A)/CUP-304, will include a Lincoln Savings and Loan financial institution with a drive-through facility. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby Issued for the subject project. Oustification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents Is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, CA., 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of Issuance. DATED: March 14, 1987 CASE NO: SP-187(A)/CUP-304 APPLICANT: Lincoln Savings and Loan PUBLISH DATE: March 14, 1987 MICHAEL 0. HOLZMILLE Planning Director ND4 11/85 BUILDrNG "A" "EXIST RETAIL SHOPS APPLICANT: ARCHITECT: ItNCOlN iAVtNCS 11100 VOX KAIMJIN (7141 SM-OID« SGPA PtANNINC AND AtCMnfCTUH HOTfl C«Cll SO»lIM SAN ortco, C* •lioA NOTt FOH ANV ADOlTlONAl INrOtMATlON «r»rt IO ATIACMED OVt«All PiOlfCT 5ITf PfAW f>M|||lT NORTH COUNTY PLAZA«EXHIBIT A LINCOLN SAVINGS & LOAN NO TM l.^A~f^ <a«~>^fV»iJT 5-^ s e A ^ £1 X\ t ® L. ®- % [MXo}[^nf[M] ©@yiMW m^j^^y^ EXHIBIT B PROPOSED SITE PLAN REVISIONS SP-187(A) t [Ma)[°]T[M] ©(Q][Ul?vJ]W Pt^^^vSZ^ EXHIBIT C ROVED SITE PLAN S P-18 7 (1 2-C-8 2) 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 PLANNING DEPARTMENT WsA^AfM (619)438-1161 Citp of CarliSbab March 18, 1987 Lincoln Savings & Loan Association 18200 Von Karman Irvine, CA 92715 SUBOECT: SP-187(A)/CUP-304 - LINCOLN SAVINGS AND LOAN Preliminary Staff Report The preliminary staff report for the above referenced project will be available for you to pick up on Friday, March 20, 1987, after 8 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on March 23, 1987 at the Community Development facility, 2075 Las Palmas Drive. 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 colored exhlblt(s) with you to this meeting In order for your project to go forward to Planning Conlsslon. If you do not plan to attend this •eetlng, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact the Planning Department at 438-1161. CITY OF CARLSBAD MICHAEL 0. HOLZMILLER Planning Director fnning Department MOH:bn Planninq Department SR-78 20.600 C20.950) I p^^r PROPOSED BUILDING -WTH DRIVE-THRU 18,300 (19.139) 0i> 7.100 C7.252D 19.800 C9.820) OOOO 1986 ADT (OOOO) BUILD-OUT ADT FOR PROPOSED BUILDiNG WITH DRIVE-THRU SOURCE: CARLSBAD TRAFFIC COUNTS 1985 CARLSBAD TRAFFIC MODEL CSANDAG VER. 4.0) 1986 y (INCLUDES PROJECT ADT) HOSP WAY 1.700 37.600 L22.400 22.4001(3 NO CALE EXHIBIT "R" 1986 ADT AND BUILD-OUT ADT (FOR LINCOLN SAVINGS AS PROPOSED^ DECEMBER 3, 1986, DJ 154-14 \ ri 200' AiAn'-tfC SAN DIEGO COUNTY ASSE.-SOR'S MAP 6K I5H PG U MAPPED FOf ASSESSMENT PURPOSES OWir il 1\ 4«t l.i. 12. lt.i7Z§ 32 7S 24-15 fff^liu 19 f/fe'f 932 79 58ZO MAD I - HOSH EUCALYPTUS FOREST CO'S Ter MO. I - LOTS 28-31 POR 19-21 SEC 31 - rilS-RHW - POR N 1 2 - ROS 3151 0 7 Irt "Jo. ...rt ^ '154^ to UJ O z < X CUT! 1 1 <^ N M f—! 1 YR i 1 J5 NEW u o 'I <M •M. ?? >. M a OLD <>< BLK IM 5 vn 0 Q 56-05 \ NO°OO'4-O"E 1 = 100 HIGHLAND^ PC R.5 151.85 No'oo'oS'Tr" s /2/i, y79 SO 36 /5S. 73 <4<* sol 2^.24- ZSO 24.6S ©30 9/JKI /i£_52_ i yyy S0°0<3 IV XPM276 °:>y PA R.B POR ZSO i ST © b © POR 21 ALLEY CLSD ,© 1-B3-E8 VAC. /as 39 ' Win* ^ • S 0 • « © 6 a © 7 8 ^•^''pM 276 iio.is PM 13415 //3 PM 979 S6) PAR.2 PAR. I «iPM979-y'r g ?«<. II S9.a7 /4^S P0R,6 PGR. CP 259.74 , SAN OIEGO COUNTY ASSESSOR'8 MAP BK 156 PG 05 MAPPED FOR ASSESSMENT PURPOSES ONLY MAP H^H - LEBAb ESTATES UNIT NO. 2 - LOTS 23-38 & A MAP 3179 - SHANGRILA TCT - BLK 8, LOTS 1-8 4 0 f rrr 156-08 I ::200' 00 o r POR sec 3-2 30.0S 1AP 1136 HOSP EUCALYPTUS FOREST CO'S If'T m I OT^ n in 18 fz^ 7u PHP I niN p 11• I 7 K IS 5 6-27 1 = 100 CHANGES 1 BLK OLD 1 MEW YS ! CUT •Tir C_2£ J r/^^ -> .?7y<3 1 58 '75 ' 655 1 —* ': ^ 1 ^fA-X^ /\ 13/Z4i 1 j 1 1 1 1 1 j 1 1 1 1 1 1 1 1 1 1 HIGHLAND DR. SAN DIEGO COUHTY ASSESSOR'S MAP BK 156 P6 27 MAP - LEBARR ESTATES UNIT NO. 2 - LOTS 39-61 MAP 4675 - LEBARR ESTATES UNIT NO. 1 - LOTS 1-22 MAP 1138 - HOSP EUCALYPTUS FOREST CO'S TCT NO SFC ^1 - TIIS-RHW - POR SF 1/H - POR LOTS 23 & 24 I 56-30 SHT I OF 2 1 \ i"»200' ® , ./4'79f£^ CHANGES "1 fl , MAP 8956-: CARLSBAD TCT NO. 76-18 I SAN DIEGO COUNTV MAPPED FOR ASSESSMENT PURPOSES ONLY- ASSESSORS MAP BOOKJ?>6 K-AGE 3 0 SHT 1 pF2 MAP 1136 - HOSP EUCALYPTUS FOREST CO'S TCT NO. I DETAIL NO SCALE 65-12 SHT 1 OF 2 J 1 = 200 1^ SE COR OF^ N 1/2 OF NE 1/4 SEC 31 CHANGES BLK OLD NEW YR CUT /^^ l^o /^^/^ 22-4/ SZ IZO ^£Ay/,, SZ /^a J* •/ ss •f9, SO /20 P'cJc-UI. 8^ 35^6 IZO lb ^56 S(a I4S2 SAN DIKK) ( DIINIV ASSfSSDW'. MAI' BOOK 165 PA(,[ 12 SHT 1 OF 2 SEC 31 - TIIS - R4W - POR NE 1/4 ROS 8356