HomeMy WebLinkAboutEIA 929; DAON CORP; Environmental Impact Report (EIR)• '.
Certificate of Authenticity
(Roll and Unitized Microforllls)
This is to certify that microphotographic iInages appearing on
tIns film file are accurate arid cOlnplete reproductions of the
records identified belo"w as delivered to Mini-Graphic Systelns,
Inc. for microfihning .
Custolner: City of Carlsbad
DeparlInent: COlTIlllunity Developlllent
Project Title: __ E.:::.-..:.../-t..A~~ ___ /PJL-~ _+--_________ _
Roll Number: -------------------------------------
Reduction Ratio: It K ~t~~--------------------------------
Date Filmed: 0-7-1'? --~--~~--------------------~---------
Technician:
It is further certified that the microphotographic processes
used to create this filn1. file "were accomplished in a .lnanner
and on film that meets "with the requirelllents of the National
Bureau of Standards and the Alnerican National Standards
Institute for perlllanent Inicrophotographic film copy.
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Illlaging ~ervices Uepartlllent
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DA'lE REX.:!EIVED: __ 7--O..1-,-1--<.2-':"/--';;;'?--I-Y--__
EXEMPT OR EXCEP'IED: ____________ _
Posted: ----~----------
Prior CQrpliance: ___________ _ Published: ----
Filed: Filed: --------------
NEGATIVE OEX:::I.l\RATICN: ---------------------
Posted: Published: . N:>tice of Detenninatioh: --------------------
ENVI~ IMPM:T REPORT: _____ --..,.,~......,...__,\=_·-
N:>tice of Notice of
Preparation:________________ Canp1etion: ____ _
PIANNING CDMISSICN
1. Date of Hearing: ________________ _
2. Publication: -----------------
3. Notice to Property Owners: ________ _
Notice of
Detennination:
----
------
4. Resolution No. _____________ _ Date: _____ _ ACTICN: -----
(COntinued to: .. . .. --------------------
5. A];:peal: . ---------------------------
CITY' CXXJOCIL
1. Date of Hearing:,_'_" _. ______ ._._ .. _._. _ .. ______ _
2. Notices to City Clerk: ... , ., .,"
3. 11.qenda Bill:' ' " ' , . -----------------------
4. Resolution No~_'_' _. _' ____ ' _. _' '_'_' _. _' '_' _. _. _'_'_ Date:' " ., .Pl:TIoo: ---------
5. Ordinance No~ __ ' _' '_' _. _' ,_. _' ,_,_. _' _' '_'_' _' _' '_'_' _' ' __ '_ Date: ' , ---------
CORRESPC!IDENCE
. ----
Staff Report to At;p1icant:_' ___ '_'_' _' '_'_' _' _' '_' _. _' _
Resolution to AW1icant: .. , ,. .. -----------------
...
• •
First American Title Insurance Company
411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 9210·1 • (619) 238-1776
February 20, 1985
RICK ENGINEERING
365 South Rancho Santa Vista
Suite 100
San Marcos, California
Attn: DOUG
Our Order No. 895276-14
Dated as of February 5, 1985 at 7:30 a.m.
The form of policy title insurance contemplated by this report is:
PMG
Title to said estate or interest at the date hereo·f is vested in:
OFFICER
DAON CORPORATION, a Delaware corporation, as' successor in interest, by merger J
of LA COSTA LAND COMPANY, an Illinois corporation
The estate or interest in the land hereinafter desc~ibed or referred to covered
by this Report is':
FEE
The land referred to herein is described as follows:
SEE LEGAL DESCRIPTION ATTACHED
ORDER NO. 895276-14
PAGE NO.2. •
At the date hereof exceptions to coverage in addition to the printed exceptions
and exclusions contained in said policy form would be as follows:
1. Se~ond Installment, General and Special taxes for the fiscal year 1984-85.
2. The lien of supplemental taxes assessed pursuant to Chapter 498, Statutes of
1983 of the State of California.
3. An easement and right of way for public road purposes over and across Road
Survey No. 682 according to Map on file in the Office 6f the County
Surveyor, and as granted to the County of San Diego by Deed recorded June
11, 1943 in Book 1514, page 145 of Official Recor9s.
Said instrument also grants the privilege and right to extend and maintain
drainage structures and excavation and embankment slopes beyond the limits
of said right of way ~ere required for the construction and maintenance
thereof.
Affects Parcel 1.
4. An easement for the transmission and distribution of electricity including
guys, anchorage, crossarms and braces, together with the right of ingress
and egress from said right of way by a practical route or routes and
incidental purposes in favor of San Diego Gas and Electric Company, recorded
April 16, 1954 in Book 5207, page 158 of Official Records.
Reference is ma'de to said instrument for further particulars.
Affects a por~ion of Parcel 2.
5. An easement for a line or independent lines of poles or steel towers or
poles, and wires or cables suspended thereon and supported thereby,
including wires for telephone, signal and communication purposes, also'
i~cluding guys, anchorage, crossarms and braces, together with the right of
ingress and egress from said right of way by a practical route or routes and
incidental purposes in favor of San Diego Gas and Electric Company, recorded
April 16, 1954 in Book 5207, page 161 of Official Records.
Reference is made to said instrument for further particulars.
Affects a portion of Parcel 2.
6. An easement for the transmission and distribution of electricity and for
telephone purposes, together with the right of access to' the righ t of way
over the lands of the Grantor and including the right to clear and keep
clear said right of way from explosives, buildings, structures, trees, brush'
and inflammable material for the protection from fire and other hazards and
incidental purposes in favor of San Diego Gas and Electric Company, recorded
May 12, 1954 in Book 5235, page 130 of Official Records.
Affects a portion of Parcel 2.
,"
ORDER NO. 895276-14 •
PAGE NO.3
7. An easement for the transmission and distribution of electricity and for
telephone purposes, together with the righ t of access to the righ t of way
over the lands of the Grantor and including the right to clear and keep
clear said right of way from explosives, buildings, structures, trees, brush
and 'inflammable material for the ,protection from fire and other hazards and
incidental purposes in fav~r of San Diego Gas and Electric Company, recorded
May 12, 1954 in Book 5235, page 133 of Official Records.
Affects Parcel 2.
8. An easemen~ for either or both pole lines, underground conduits and
incidental purposes together with the right of ingress and egress in favor
of San Diego Gas and Electric Company by instrument recorded June 18, 1954
in Book 5273, page 432 of Official Records, described as follows:
The Southwesterly line of said right of way shall be parallel with and 50
feet Southwesterly, measured at right angles and the Northeasterly line of
said right of way shall be parallel with and 150 feet Northeasterly,
measured at right angles from the following described line:
Beginning at a point on the Easterly line of the Southwest Quarter of said
Section 25, distant thereon 337.63 feet Southerly from the center of said
Section 25; thence North 61 °07'53" West, a distance of 6209.55 feet to a
point on the Southerly line of said Section 23, distant thereon 124~ 16 feet
Westerly from the Quarter corner common to Sections 23 and 26; thence
continuing North 61°07'53" West, a distance of 388.27 feet; thence North
32°13'58" West, a distanc'e of 2368.28 feet; thence North 58°25'28" West, a
distance of 562.30 feet to a point on the Southerly line of Rancho Agua
Redionda, as per the Partition Map thereof No. 823, on file in the Office of'
County Recorder of San Diego Coun:ty, distant thereon 486.95 feet Easterly
from the interseC1:ion of the West line of said Section 23 with the Southerly
line of saia Rancho Agua Redionda.
Affects Parcell.
9. An easement for the transmission and ,distribution of gas and for all
purposes connected therewith and incidental purposes in favor of San Diego
Gas and Electric Company, recorded July 27, 1960 as File No. 151771 of
Official Records, described as follows:
The Westerly and Northwesterly line of said right of way shall be parallel
with and 10 feet Westerly and Northwesterly measured at right angles and the
Easterly and Southeasterly line of said right of way shall be parallel with
and 20' feet Easterly and Southeasterly measured at right angles from the
following described line:
.•
ORDER NO. 895276-14
PAGE NO.4 • •
Beginning at a point in the Sout~erly boundary line of. said Section
23,distant thereon Soutt} 89°53'40" East, 65.26 feet from the South Quarter
corner of said Section 23; thence North 33°20'45" West -Record -North
33°35'30" West-a distance of 100.29 feet; thence North 0°22'15" East, a
distance of 2247.93 feet; thence North 36°41 '00" East along a line parallel
with and 40 feet Southeasterly, measured at right angles, from the center
line of County Road Survey No. 682, filed in the Office of the County
Surveyor of said County of San Diego, a distance of 188.05 feet to a point
in the Southerly boundary line of said Rancho Agua Redionda, d~stant thereon
North 89°47 '38" West -Record -South 89°58 '13" West-7645.19 feet from a
stone 9" x 12", marked A. R. R. No.5, said stone being Corner No.5 as
shown on said Map No. 823; thence Northerly and Northeasterly along said
parallel line the following courses and distances: North 36·°41 '00" East, a
distance of 1048.83 feet to the beginning of a tangent curve, concave
Northweste.rly, having a radius of 1540.0 feet; thence Northeasterly and
Northerly along the arc of said curve through a central, angle of 28°54 '30",
a distance of 777.0 feet to the end thereof; thence tangent to said curve
North 7°46'30" East, a distance of 2515.73 feet to the beginning of a
tangent curve, concave Southwesterly, having a radius of 1040.0 feet; thence
Northerly and Northwesterly along the arc of said curve through a central
angle of 46°21 '30", a distance of 841.64 feet to the end thereof; thence
tangent to said curve North 38 °35' West -Record North 38°47' West-, a
distance of 1257.03 feet to a point, which said point bears South 67°41'30"
East, a distance of 147.30 feet from a Corner No. 4 of Lot "G" of said
Rancho Agua Redionda.
Affects Parcel 1.
10. An easement for a pipeline or pipelines and incidental purposes in favor of
Carlsbad Municipal Water District, recorded October 23, 1961 as File No.
183352 of Official Records, described as follows:
The center line of said 20 foot wide easement of right of way is
particularly described as ·follows:
Commencing at the most Northeast corner of said Lot "A"; thence South
79 °00 '00" West, 1796.69 feet to a deflection point thereon; thence North
74 °02 '00" West, 783.74 feet to the TRUE POINT OF BEGINNING; thence South
27°39'40" West, 630.01 feet; thence South 08°16'50" West, 428.00 feet;
thence South 08°04 '50" West, 500.00 feet; thence South 07°31 '40" West,
1050.00 feet; thence South 02°37'40" West, 208.35 fe~t; thence South
10°42'50" East, 730.42 feet to the beginning of a. tangent 156.58 foot radius
curve, concave Westerly; thence Southerly along said curve 118.47 feet
through an angle of 43 °21 '00"; thence tangent to said curve South 32 °38 '10"
West, 153.80 feet to the beginning of a tangent 500.00 foot radius curve,
concave Northwesterly; thence Southwesterly along said curve 63.27 feet
through an angle of 07°15'00"; thence tangent to said curve South 39°53'10"
West, 274.41 feet to the beginning of a tangent 500.00 foot radius curve,
concave Southeasterly; th~nce Southwesterly along said cun'e 264.57 feet
through an angle of 30°19 '00"; thence tangent to said curve South 09·°34 '10"
ORDER NO. 895276-14
PAGE NO.5 • •
West, 785.94 feet, more or less, to a point on the Southerly boundary of
said Lot "A", said point being distant thereon East 1293.73 feet from the
Northeast corner of Section 23, Township 12 South, Range 4 West, said corner
also being on the Southerly boundary of said Lot "A".
-Affects Parcell.
-11. An easement and right of way for road, sewer, water, gas, power and
telephone lines and appurtenances thereto and incidental purposes as grapted
by instrument recorded August 1, 1963 as File No. 134993 of Official
Records, and the right of others to use said easement as conveyed or
reserved in various other instruments of record, over, under, along and
across a strip of land 40.00 feet in width, lying within Sections 23, 25 and
26, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in
the County of San Diego, State of California, according to the United States
Government Survey thereof, the center line of said 40.00 foot strip being
described as follows:
Beginning at the True Point of Beginning of Parcel 1 above described; thence_
North 75°22'10" West 756.13 feet to the beginning of a tangent 450.00 foot
radius curve, concave Northeasterly; thence Northwesterly along the arc of
said curve through a central angle of 37°21'10" an arc distance of 293.37
feet; thence tangent to said curve, North 38°01' West 326.99 feet to the
beginning of a tangent 400.00 foot radius curve -concave Southwesterly;
thence Northwesterly along the arc of said curve, through a central angle of
40°05'10" an arc distance of 279.74 feet; thence tangent to said curve,
North 78°06'10" West 154.66 feet to the beginning of a tangent 1300.00 foot
radius curve concave Southerly; thence Westerly along the arc of said curve
through a central angle of 5°28'40" an arc distance of 124.29 feet'; thence
tangent to said curve, North 83°34 '50" West 183.52 feet to the beginning of
a tangent 375.00 foot radius curve concave Southerly; thence Westerly along
the arc of said curve, through a central angle of 37°25' an arc distance of
244.89 feet; thence tangent to said curve, South 59°00'10" West 13'3.77 feet
to the beginning of a tangent 300.00 foot radius curve concave
Northwesterly; thence Westerly along the arc of said curve, tbrough a
central angle of 23°15'30" an arc distance of 121.78 feet; thence tangent to
said curve, South 82°15'40" West 74.44 feet to the beginning of a tangent
400.00 foot radius curve, concave Southerly; thence Westerly along the arc
of said curve, through a central angle of 17°36'50" an arc distance of
122.97 feet; thence tangent to said curve, South 64 °38'50" West 139.34 feet
to the beginning of a tangent 360.00 foot radius curve concave
Northwesterly; thence Southwesterly along the arc of said curve, through a
central angle of 13°30'10" an arc distance of 84.84 feet; thence tangent to
said curve, South 78 °09' Wes,t 33 .34 f~et to the beginning of a tangent
1200.00 foot radius curve concave Southerly; thence Westerly along the arc
of said curve, through a central angle of 6°40'50" an arc distance of 139.91
feet; thence tangent to said curve South 71 °28'10" West 115.31 feet; thence
South 68°04' West 174.87 feet to a point in the center line of County Road
Survey No. 682 and the end of said easementj-said point being North
76°42'40" East 111.10 feet from the Quarter Corner common to Sections 23 and
26, Township 12 South, Range 4 West.
Affects Parcel 1. ~
ORDER NO. 895276-14
PAGE NO. 6 • •
12. An easement for a pipel~ne or pipelines and incidental purposes in favor of
Carlsbad Municipal Water District, recorded May 11, 1964 as File No. 84209
of Official Records, described as follows:
The center line of said 20 foot wide easement of right of way is
particularly described as follows:
Beginning at the Southwest corner of the Northwest Quarter of Section 25,
Township 12 South, Rang~ 4 West, San Bernardino Base and Meridian; thence
South 0°09'20" West, 15.00 feet; thence North 89°50'40" West, 67.31 feet to
the TRUE POINT OF BEGINNING; thence North 11 °55'55" East, 1454.30 feet to
the beginning of a tangent curve, concave right having a radius of 500.00
feet; thence Northerly along said curve through a central angle of 13°56'07"
an arc distance of 121.61 feet; thence North 25°52 '02" East, tangent to said
curve 660 feet, more or less, to intersect with the Westerly and Southerly
line at the following. described parcel of land:
All those portions of Sections 24 and 25, Township 12 South, Range 4 West,
San Bernardino Base and Meridian, in the County of San Diego, State of
California, according to the United States Government Survey thereof,
described as a Whole as follows:
Beginning at the Northwest corner of said Section 25; thence South 0°02 '10"
East along the Westerly line of said Section, 204.12 feet; thence leaving
said line, South 75°22'10" East, 600.09 feet to the TRUE POINT OF BE-GINNING;
thenoe.--fr.om said TRUE POINT OF BEGINNING, South 1°05' East, 122.50 feet;
thence North 80°33' East, 393.68 feet; thence South 71 °08 '3-0" East, 156.88'
feet; thence North 0°16'40" West, 930.80 feet; thence South 89°43'20" West,
550.12 feet; thence South 1°05' East, 819.80 feet to the TRUE POINT OF
BEGINNING.
The basis r of bearings for the above description is the East-West ce~ter line
of Section 26, Township 12 South, Range 4 West, San Bernardino Base and
Meridian at South 89°50 '40" East, as shown on Record of Survey Map No. 1211
on file in the Office of County Recorder of San Diego County, California.
Affects Parcell.
13. An easement for storm drain and incidental purposes in favor of County of
San Diego, recorded September 6, 1966 as File No. 145066 of Official
Records.
Affects a portion of Parcel 2.
14. An easement for ingress and egress for maintenanc~, repair and inspection of
drainage facilities in La Costa Valley Unit 4, Map No. 5781 and incidental
purposes in favor of County of San Diego, recorded September 30, 1966 as
File No. 158817 of Official Records, located within Green Belt Areas.
Affects Parcel 2.
ORDER NO. 895276-14
PAGE NO. 7 • •
15. An easement for pipe line and inciden,tal purposes in favor of Carlsbad
Municipal Water District, recorded May 8, 1968 as File No. 76854 of Official
Records, described as follows:
A 20 foot strip of land in Northwest Quarter of Southeast Quarter and North
1/2 of Southwest 1/2 Section 25.
Affects Parcel 2.
16. An easement for sewer pipelines and/or mains, manholes and appurtenant
structures and incidental purposes in favor of San Marcos County Water
District, recorded January 27, 1969 as File No. 15564 of Official Re~ords,
the center line of said 20.00 foot strip being described as follows:
Beginning at Corner No.1 of Lot "G" of said Rancho Agua Redionda, as shown
on Record of Survey Map No. 5456, filed in the Office of County,Recorder of
San Diego County; being also the Southwesterly corner of said Lot "A";
thence along the Southerly line of Lot "A" South 89°26'33" East, 222.26
feet; thence North 50°08'38" West, 201.78 feet to a point on the
Northwesterly line of 'Lot "A" and the TRUE POINT OF BEGINNING; thence
retracing South 50°08 '38" East, 244.98 feet to the beginning of a tangent
315.00 foot radius curve, concave Southwesterly; thence Southerly along said
curve 237.91 feet through an angle of 43°16'26"; thence tangent to said
curve South 06°52'12" East, 108.58 feet to the beginning of a tangent 285.00
foot radius curve, concave Northeasterly; thence Southeasterly along' said
curve 375.48 feet through an ,angle of 75 °29 '06 "; thence tangent to said
curve South 82°21'18" East, 288.42 feet to the beginning of a tangent 285.00
foot radius curve, concave Northerly; thence Easterly 'along said curve
126.30 feet through an angle of 25°23'27"; thence from a point on said curve
having a radial bearing North 17 °44 '45" West; thence South 14°43 '44" East,
288.68 feet;' thence South 80°58'26" East, 474.16 feet; thenc~ South
30°02'2'5" East, 259.54 feet; thence North 59°57'35" East, 2361.95 feet to
the beginning of a tangent 4020 foot radius curve, concave Southeasterly;
thence Northeasterly along said curve 477.01 feet through an angle of
6°47'55"; thence tangent to said curve North 66°45'30" East, 590.67 feet to
the beginning of a tangent 1020 foot radius curve, concave Southerly; thence
Easterly along said curve 413.76 feet through an angle of 23°14'30"; thence
tangent to said curve East 656.65 feet to the beginning of a 3980 foot
radius curve, concave Northerly; thence Easterly 4i2.93 feet through art
angle of 5°56'40"; thence North 84°03'20" East, 830.67 ;feet to the beginning
of a 1000.00 foot radius curve, concave Southerly; thence Easterly 166.29
feet through an angle of 9°31 '39"; thence tangent to said curve South
86°25'01" East, 128.84 feet to the beginning of a 500.00 foot radius curve,
concave Northerly; thence Easterly along said curve to a point in the
Easterly line of said Lot "A", which is distant thereon North 2°38'10" West,
693.11 feet from Corner No. 5 of Rancho Agua Redionda, said 20.00 foot strip
begins in the Northwesterly iine of said Lot "A" and ends in the Easterly
line thereof.
Affects Parcell.
ORDER NO. 895276-14
. PAGE NO. 8 • •
17. An easement for the transmission and distribution of electricity and for all
purposes connected therewith, underground facilities consisting of conduits,
pads, manholes, handholes, and junction boxes with wires and cables placed
therein and all necessary miscellaneous equipment and material connected
therewith, together with the right of ingress thereto and egress therefrom,
to and along said facilities and incidental purposes in favor of San Diego
Gas and Electric 'Company, recorded August: 28, 1969 as File No. 158721 of
Official Records, described as follows:
An 8 foot strip of land, portion Section 25.
Affects Parcel 2.
18. An easement for either or both poles lines, underground conduits and
incidental purposes together with the right ·of ingress and egress in favor
of San Diego Gas & Electric Company by instrument recor.ded August 28, 1969
as File No. 158741 of Official Records, described as follows:
A 12 foot strip of land in Southwest Quarter Section 25.
19. An easement and right of way for public road purposes over and across Road
Survey No. 2038, according to Map on fi1e_ in the Office of the County
Surveyor, and as granted to the County of San Diego by Deed recorded March
5, 1910 as File No. 40410 of Official Records.
Said instrument also grants the privilege and right to extend and maintain
drainage structures and excavation and embankment slopes beyond the limits
of said right of way where required for the construction and maintenance
thereof.
Affects Parcel 2.
20. The privilege and right to extend drainage structures and excavation and
embankment .slopes beyond the limits of Road Survey No. 1800-1, where
required for the construction and maintenance of said highway as granted in
Deed recorded July 24, 1970 as File No. 130797 of Official Records.
Affects Parcell.
21. The right and privilege to place and maintain an anchor to sup.port a line of
poles and wires and incidental purposes in favor of San Diego Gas and
Electric Company by instrument recorded February 5, 1971 as File No. 23034
of Official Records.
Said easement is described as follows:
That certain stri.p of land 4.00 feet in width, being 2.00 feet on each side
of the following described center line:
ORDER NO. 895276-14
PAGE NO. 9 • •
Commencing at the North Quarter corner of Section 26, Township 12 South,
Range 4 West, San Bernardino Base and Meridian; thence South 0°00 '03" West
along the North-South center line of said Section 26, a distance of 5 .00
feet; thence leaving said North-South center line North 89 °59' 57" East,
265.23 feet; thence North 86°07'32" East, 39.20 feet to the TRUE POINT OF
BEGINNING of the center line herein described; thence from said TRUE POINT
OF BEGINNING North 14°51'27" West, 25.00 feet.
Affects Parcel 1.
22. An easement for pipe line and <incidental purposes in favor of Leucadia
County Water District, recorded June 7, 1971 as File No. 118184 of Official
Records, located within a portion South 1/2 Section 25.
Affects Parcel 2.
23. Proposed Street Widening ~ffecting portions of said land as reflected on
Parcel Map Nos. 1110 and 1188,.
'Affects Parcel 1.
24. The Parcel Map referred to in the legal description herein contains various
restrictions in improving or developing the property herein described.
Reference is made to said Parcel Map for further particulars.
Affects Parcel 1.
25. The fact that a portion of said land could be subject to inundation as
disclosed by Parcel Map No. 1188.
Affectp Parcel 1. '. ,
26. Proposed Drainage Swale, as reflected on Parcel Map No. 118.8.
Affects Parcel'1.
27. An easement for pipeline and incidental purposes in favor of Carlsbad
Municipal Water District, recorded January 22, 1973 as File No. 73-019147 of
Official Records.
Affects a portion of Parcel 2.
'28. An easement for a pipeline or pipelines and incidental purposes in favor of
Carlsbad Municipal Water District, recorded November 10, 1975 as File No.
75-314413 of Official Records.
Affects a portion of Parcel 2.
ORDER NO. 895276-14
PAGE NO. 10 • •
29. The right of first refusal to lease in favor of Big Bear Supermarket No.3,
a C~lifornia corporation, contained in an Unrecorded Lease dated July 1,
1971, said Unrecorded Lease creating a Leasehold Estate on property other
than that which is described in the legal -description~ which Lease is
executed by La Costa Land Company, an Illinois corporation, as Lessor, and
Big Bear Supermarket No.3, a California corporation, as Lessee. Said right
of first refusal set forth in said Lease is as follows:
In the event that during the term of this Lease, La Costa Land Company, an
Illinois corporation, shall decide to create one or more shopping centers
and La Costa Land Company, an Illinois corporation, shall desire there -be
located a public market or a package liquor store independent of the market,
then, and in such event, Big Bear Supermarket No.3, a California
corporation, shall have the first right of refusal to lease the contemplated
market or contemplated package liquor store. La Costa Land Company , an
Illinois -corporation, shall notify Big Bear Supermarket No.3, a California
corporation, in writing of La Costa Land Company, an Illinois corporation,
intentions and shall offer to lease such premises to be operated as a market
or package liquor store to Big Bear Supermarket No.3, a Californ~a.
corporation, for the same rental and on the same basis equal to that offered
La Costa Land Company, an Illinois corporation by -a third party. Such offer
to Big Bear Supermarket No.3, a California corporation, shall be in writing
and shall be open for a period of ten (10) days and shall state the name and
address of the third party which ha~ made an offer to La Costa Land Company,
an Illinois corporation, as well as the rental and -pertinent lease
provisions.
30. A Deed of Trust to secure an indebtedness in the original principal sum of
$(NONE SHOWN), and any other amounts and/or obligations secured thereby;
recorded }1arch 10, 1981 as File No. 81-072862 of Official Records.
DATED: March 10, 1981
TRUSTOR: LA COSTA LAND COMPANY
TRUSTEE: TITLE INSURANCE AND TRUST COMPANY
BENEFICIARY: THE TRUSTEES OF CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS
PENSION FUND
Affects Parcels 1 and 2 herein described with other property.
An instrument dated February 28, 1983, recorded February 28, 1983 as File
No. 83-06301} of Official Records, executed by DAON CORPORATION, a Delaware
corporation ("Daon") and the TRPSTEES OF THE CENTRAL STATES, SOUTHEAST AND
SOUTHWEST AREAS PENSION FUND (the "Fund"), purports to modify the terms of
said Deed of Trust as therein provided.
An instrument dated March 16, 1983, recorded March 30, 1983 as File No.
83-100780 of Official Records, executed by DAON CORPORATION, a Delaware
corporation, purports to supplement Trust Deed recorded March 10, 1981 as
File No. 81-072862 of Official Records.
ORDER NO. 895276-14
PAGE NO. 11 • •
An instrument dated November 10, 1983, recorded November 10, 1983 as File
No. 83-409715 of Official Records, executed by DAON CORPORATION, a Delaware
corporation and Trustees of the Central States, Southeast and Southwest
Areas Pension Fund purports to modify the terms of said Deed of Trust as
therein provided.
Sa.id Deed of Trust is subordinate to the easement recorded March 14, 1984 as
File No. 84-091367 of Official Records, by the terms of a Subordination
Agreement recorded September 4, 1984 as File No. 84-336916 of Official
Records.
Said Deed of Trust is subordinate to the easement over said land conveyed to
COSTA REAL MUNICIPAL WATER DISTRICT recorded February 6, 1984 as File No.
84-043971 of Official Records, by the terms of a Subordination Agreement
recorded November 8, 1984 as File No. 84-422160 of Official Records.
31. A Deed of Trust to secure an indebtedness. in the original principal sum of
$40,378,689.71, and any other amounts and/or obligations secured thereby,
recorded March 10, 1981 as File No. 81-072863 of Official Records.
DATED: March 10, 1981
TRUSTOR: LA COSTA LAND COMPANY
TRUSTEE: TITLE INSURANCE AND TRUST COMPANY
BENEFICIARY: RANCHO LA COSTA, INC., a Nevada Corporation
Affects Parcels 1 and 2 herein described with other property.
The beneficial interest under said Deed of Trust was assigned to Allard Roen
and Irwin A. Molasky, Trustees UTA dated July 6, 1981 by assignment recorded
July 14, 1981 as File No. 81-220822 of Official Records.
The beneficial interest-under said Deed of Trust was assigned collaterally
to the Trustees of Central States, Southeast and Southwest Areas Pension
Fund by assignment recorded February 26, 1982 as File No. 82-053120 of
Official Records.
Said Deed of Trust is subordinate to the Modification to Consolidated Deed
of Trust recorded February 28, 1983 as File No. 83-063017 of Official
Records, by the terms of a Subordination Agreement recorded February 28,
1983 as File No. 83-063016 of Official Records.
An instrument dated January 18, 1983, recorded March 30, 1983 as File No.
83-100781 of Official· Records, executed by DAON CORPORATION, a Delaware·
corporation, purports to supplement Trust Deed recorded March 10, 1981 as
File No. 81-072863 of Official Records.
Said Deed of Trust is subordinate to the Second Modification to Consolidated
Deed of Trust recorded November 10, 1983 as File No. 83-409715 of Official
Records, by the terms of a Subordination Agreement recorded November 10,
1983 as File No. 83-409713 of Official Records.
®
ORDER NO. 895276-14
PAGE NO. 12 • •
Said Deed of Trust is subordinate to the easement ·recorded March 14, 1984' as
File No. 84-091367 of Official Records, by the terms of a Subordination
Agreement recorded October 18, 1984 as File No. 84-393989 of· Official
Records.
Said Deed of Trust is subordinate to the easement recorded March 14, 1984 as
File No. 84-091367 of Official Records, by the terms of a Subordination
Agreement recorded October 18, 1984 as File No. 84,...393990 of Official
Records.
Said Deed of Trust is subordinate to the easement over said land conveyed to
COSTA REAL MUNICIPAL WATER DISTRICT recorded February 6, 1984 as File No.
84-043971 of Official Records, by the terms of a Subordination Agreement
recorded November 8, 1984 as File No. 84-422161 of Qfficia1 Records.
Said Deed of Trust is subordinate to the easement over said land ~onveyed to
COSTA REAL MUNICIPAL WATER DISTRICT recorded February 6, 1984 as File No.
84-043971 of Official Records, by the terms of a Subordination Agreement
recorded November 8, 1984 as File No. 84-422162 of Official Records.
32. An easement: for a line or lines of poles or cables or conduits (earth
station, head-end, etc.) together with antennae, conductors, wires, vaults,
manholes, guys, anchors and appurtenant structures and equipment, both
overhead and underground and including above ground enclosur~s, markers,
concrete pads and, other appurtenant fixtures and equipment necessary or
useful for the transmission and distribution of electrical energy and
communication (radio' and television) signals and incidental purposes in
favor of La Costa Community Antenna System, Inc., a California corporation,
its successors and assigns, recorded August. 17, 1982 as File No. 82-254573
of Official Records, described as follows:
Parcels of land being a Portion of Parcel 3 of Parcel Map No. 1188 on file
in the Office of the Cou~ty Recorder, County of San Diego, State of
California, described as follows:
Parcel "A"
A 20.00 foot strip of land being an easement 10.00 feet on both sides of the
following described centerline:
COMMENCING at the Southwest corner of Lot 42 of La Costa Meadows Unit No.1,
Map No. 6800 on file in the Office of said County; thence North 0004~'27"
East along the Westerly lot line of said Lot 42 a distance of 22.00 feet to
the TRlm POINT OF BEGINNING; thence leaving said lot line North 65°07'15"
West, 43.11 feet; thence North 75°04'47" West, 51.69 feet; thence North
74°16'29" West, 96.48 feet; thence North 79°55'48" West, 49.75 feet; thence
North 86°24'47" West, 43.10 feet; thence South 59°36'36" West, 58.99 feet;
thence South 82°24'35" West, 50.06 feet; thence North 67°35'30" West, 48.42
feet; thence North 43°05'19" West, 49.42 feet; thence North 30°16'11" West,
52.'18 feet; thence North 24°00'12" West, 71.29 feet; thence North 54°27'27"
ORDER NO. 89)2)'6-14
PAGE NO. 13 • •
West, 22.13 feet; thence North 81°44'10" West, 47.96 feet; thence South
89°17'25" West, 46.82 feet; thence North 82°40'10" West, 50.29 feet; -thence
North 70°34'47" West, 53.21 feet; thence North 50°03'25" West, 51.00 feet;
thence North 61 °44 '48" West, 31.39 feet; thence North 61 °29 '18" West, 16.23
feet; thence North 73°54'10" West, 49.95 feet; thence North 78°41'26" West,
105.07 feet; ,thence North 71 °53'15" West, 51.82 feet; thence North 52°04'35"
West, 55.19 feet; thence North 62°40'45" West, 66.49 feet; thence North
61°51'48" West, 63.97 feet; thence North 73°47'40" West, 30.59 feet; thence
North 68°22'07" West, 51.93 feet; thence North 47°58'47" West, 54.05 feet;
thence North 21°49'52" West, 36.27 feet to a point herein described as Point
A; said Point A being the POINT OF TERMINATION of said Parcel "A".
The sidelines of ,the above described easement shall begin on a line that
bears North 00°43'27" East, through the TRUE POINT OF BEGINNING and end of a
line that bears North 89°13'00" West through the POINT OF TERMINATION.
Parce], "B"
A' parcel of land being an easement described as follows:
BEGINNING at the above described Point A; thence North 89°13'00" West, 50.42
feet; thence North 00°47'00" East, 56.80 feet; thence South 89°13'00" East,
31. 79 feet to a point herein described as Point Bj thence South 89°13 '00"
East, 58.21 feet; thence South 00°47'00" West, 56.80 feet; thence North
89°13'00" West, 39.58 feet to the POINT OF BEGINNING of. said Parcel "B".
-Parcel "C1"
A 20.00 foot strip of land being an easement 10.00 feet on both' sides of the
following described centerline:
BEGINNING at the above described Point Bj thence North 10°37'07" West, 34.17
feet; thence North 58°28'17" West, 78.25 feet to a point herein described as
Point "C"; thence North 07°20'02" West, 263.86 feet to a point herein
described as Point D; thence North 50°39 '59" West, 263.03 feet; thence S,outh
71 °20'33" West, 102.60 feet to the POINT OF TERMINATION of said farcel C1.
The sidelines of the above described Parcel C1 shall begin on a line that
bears North 89°13'00" West, through the POINT OF BEGINNING and shall end on
a line that bears North 08°39'27" West through the POINT OF TERMINATION.
Parcel "C2"
A 4.00 foot strip of land being an easement 2.00 feet on both sides of the
following described centerline:
BEGINNING at the above described Po'int C; thence South 04°56'06" East, 22.23
feet to the POINT OF TERMINATION of said Parcel "C2".
@).
I '
ORDER NO. 895276-14
PAGE NO. 14
Pa1;cel "C3"
• •
A 4.00 foot strip of land being an easement 2.00 feet on both sides of the
fol;owing described centerline:
BFnINNING at the above described Point Dj thence North 52°36' 53" East, 17.32
feet to the POINT OF TERMINATION of said Parcel C3.
Reference is made to said instrument for further particulars.
Affects Parcel 1.
33. An Agreement regarding Public Facilities Fees, dated June 25, 1981, upon the
terms, covenants, and conditions contained therein.
EXECUTED BY AND BETWEEN: La Costa Land Company/Daon Corporation and the
City of Carlsbad, a municipal corporation.
RECORDED: September 8, 1981 as File No. 81-286839 of Official Records.
The exact location of said agreement cannot be determined from the record.
34. An easement for a line or lines or poles or cables or conduits (earth
station, head-end, etc.) together with antennae, conductors, wires, vaults,
manholes, guys, anchors a~d appurtenant structures and equipment, both
overheaq and underground and includi~g above ground enclosures., markers,
concrete pads and other appurtenant fixtures and equipment necessary or
useful for th.e transmission and distribution of elec·trical energy and
communication (radio and television) Signals and incidental purposes in
favor of La Costa Community Antenna System, Inc., a California corporation,
its successors and assigns, recor~ed August 17, 1982 as File No. 82-254574
of Official Records, described as follows:
A 20.00 foot wiae easement over, under, along, and across a portion of the
Northeast Quarter of Section 26, Township i2 South, Range 4 West, San
Bernardino Base and Meridian per United States Government Survey in the
County of San Diego, State of California, the Westerly line of said 20.00
foot easement is more particularly described as follows:
Beginning at the Northeast Corner of the West half of the Northeast Quarter
of said Section 26; thence South 00°14'34" West along the East line of said
West half of said Northeast Quarter 2638.53 feet to the Southeast corner of
said West half of said Northeast Quarter. The East line of said 20.00 foot
easement is to be shortened or lengthened so as to begin along the North
line of said Section 26 and to end along the East-West center.line of said
Section 26.
Reference is made to said instrument for further particulars.
Affects Parcel 1.
ORDER NO. 895276-14
PAGE NO. 15 • •
35. An Agreement regarding payment of a public facilities fee, dated March 30,
1983, upon the terms, covenants, and conditions contained therein.
EXECUTED BY AND BETWEEN: DAON CORPORATION AND LA COSTA HOTEL & SPA and THE
CITY OF CARLSBAD.
RECORDED: May 13, 1983 as File No. 83-159352 of Official Records •
. 36. NOTE:
A Certificate of Compliance affecting the herein described property has been
recorded March 9, 1983 as File No. 83-075393 of Official Records.
37. An Agreement regarding reimbursement in connection with public improvements,
dated June 9,1983, upon the terms, covenants, and conditions contained
therein.
EXECUTED BY AND BETWEEN: THE CITY OF CARLSBAD and DAON CORPORATION.
RECORDED: July 29, 1983 as File No. 83-263566 of Official Records.
38. An Agreement regarding payment of a public facilities fee, dated June 24,
1983, upon the terms, covenants, and conditions contained therein.
EXeCUTED BY AND BETWEEN: DAON CORPORATION AND LA COSTA HOTEL AND SPA and
THE CITY OF CARLSBAD.
RECORDED: August 3, 1983 as File No. 83-269198 of Official Records.
39. The privilege and right to extend drainage structures. and excavation and
embankment slopes beyond the limits of Alga Road where required' for the
construction and maintenance of said roa4' as granted in Deed recorded
December 9, 1983 as File No. 83-449259 of Official Records.
Affects Parcell.
40. An easement for either or both pole lines, underground conduits and
incidental purpo~es together with the right of ingress and egress in favor
of San Diego Gas and Electric Company by instrument recorded January 11,
1984 as File No. 84-011338 of Official Records, described as follows:
The easement shall be a strip of land, including all of the area lying
between the exterior sidelines, which sidelines shall be three (3) feet,
measured at right angles, on each exterior side of each and every, facility
installe4, the approximate location being shown on Exhibit "A", attached
thereto and made a part thereof.
-The route or location of said easement canno,t be determined from the record.
Reference is made to said instrument for further particulars.
Affects Parcell.
ORDER NO. 895276-14
PAGE NO. 16 • •
41. An easement for a pipeline or pipelines for any and all purposes, together
with their necessary fiJ!:tures and appurtenances, including, but not limited
to, conduits and cables for power transmission and communication purposes,
together with the right of ingress thereto and egress therefrom and
'inc"idental purposes in favor of Costa Real Municipal Water DiStrict,
recorded February 6, 1984 as File No. 84-043971 of Official Records,
described as follows:
All those portions of the Northwest Quarter of Section 25 and the Northeast
Quarter of Section 26, all in Township 12 South, Range 4 West, San
Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego,
State of California, described as follows:
A ten-foot (10') wide strip of land lying five feet (5') on each side and
parallel with ~he following described centerline:
. Beginning at a point at the West Quarter corner of said Section 25; thence
South 04°16'34" West, 18.96 feet to a point on the boundary of La Costa
Valley Unit No.4, Map No. 5781 on file in the Office of the County Recorder
of said county and stat·e, said point also being on the a·rc of a
1,001.00-foot radius curve concave Southerly, a radial line to said point
bears North 04°16'34" East; thence Easterly along said boundary and along
tne arc of said curve through a central angle of 06°38' 56" a distance of
116.16 feet to a 'point; thence along a radial line to said point which bears
North 10°55'30" East, 50.00 feet to a point on the arc of a 1,05t.00-foot
radius curve concentric to said 1,001.00-foo.t radius curve, said point being
the True Point of Beginning; thence continuing North 10°55°30" East, 135.00
feet; thence North 79°04'30" West, 176.17 feet to a point on the centerline
of that certain 20.00-foot easement to Ca,rlsbad Municipal W~ter Distric.t,
recorded May 11, 1964 as File No. 84209 of Officiat Records, said point
being the point of termination.
The sidelines shall be lengthened or shortened to form a continuous strip of
land 10.00 feet in width and shall begin on the arc of said 1,051.00-foot
radius curve and end on the Easterly sideline of said existing 20.00-foot
easement.
Affects Parcell.
42. A Deed of Trust for the purpose of securing (a) the performance of each
agreement of Trustor herein, (b) the payment and performance of' all
obligations of Trustor secured by the Collateral Agreement, and (c) payment
of such further sums as the then record owner of the Property hereafter may
borrow from Beneficiary, when evidenced by a promissory note or other
instrument or agreement reciting that it is secured hereby, recorded April
27, 1984 as File No. 84-154152 of Official Records.
DATED: September 15, 1983
TRUSTOR: DAON CORPORATION, a Delaware corporation
TRUSTEE: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, a California
BENEFICIARY:
corporation
CROCKER NATIONAL BANK, a national banking association
ORDER NO. 895276-14
-PAGE NO. 17 • •
Affects Parcels 1 and 2 herein described with other property.
Said Deed of Trust also contains provisions relating to Assignment of Rents
and Fixture Filings.
43. An easement for a sewer pipeline or pipelines, manholes, IClterals, pump
station, and appurtenances, and the right of ingress and egress for such
purposes and incidental purposes in favor of Leucadia County Water District,
recorded May 15, 1984 as File No. 84-180447 of Official Records, described
as follows:
PARCEL A
A parcel of land being a portion of Parcel 3 of Parcel Map No. 1188, on file
in the Office -of the County Recorder of San -Diego County, State of
CaliforniCi, said portion being more particularly described as follows:
Beginning at -the Southwesterly corner of Parcel 3, Map No. 1188, South-
89°16'25" East, 896.41 feet; thence North 5°l2'03" East 334.36 feet to the
True Point of Beginning; thence North 78°00'56" East 231.78 feet; thence
South 66°19'29" East 182.60 feet; thence North l2°55'43" East 10.24 feet;
thence North 66°19'29" West 187.56 feet; thence South 78°00'56" West 252.42
feet; thence South 11°59'04" East 10.00 feet; thence North 78°00'56" East
13.46 feet to the True Point of Be.ginning.
PARCEL B
A parcel of land being a portion_ of Parcel 3 of Parcel Map No. 1188, on file
in the Office of the County Recorder of San Diego County, State of
California, said portion being more particularly described as follows:
Beginning at the Southwesterly corner of Parcel 3 of Parcel Map No. 1188,
South 89°16'25" East 896.41 feet; thence North 5°12'03" East 442.26 feet to
the beginning of a tangent curve concave Wes-terly with a radius of 1,000.00
feet whose central angle is 21°15' 34"; thence Northerly along said _curve a
distanc-e of 317.05 feet; thence North 16°03 '31" West 243.88 feet to the
beginning of a tangent curve concave Easterly with a radius of 300.00 feet
whose central angle is 45°17'29"; thence Northerly along said curve a
distance of 237.14 feet; thence North 29°13'58" East 60.62 feet to the
beginning of a tangent curve concave Northwest with a radius of 800.00 feet
whose central angle is 14°04'03"; thence Northeast along said curve a
distance of 191.22 feet to the True Point of Beginning; thence South
57°05'55" ~ast 252.62 feet; thence South 69°08'58" East 354.14 feet; thence
North 12°55'43" -East 10.10 feet; thence North 69°08'58" West 350.61 feet;
thence North 5r05' 55" West 267.10 feet; thence South 32°54'05" West 10
feet; thence South 57°05'55" East 16.60 feet to the True Point of Beginning.
Reference is made to said instrument for further particulars.
Affects Parcell.
ORDER NO. 895276-14
PAGE NO. 18 • •
44. A Contract of Improvements for public right of way, dated July 20, 1984,
upon the terms, covenants, and conditions contained therein.
EXECUTED BY AND BETWEEN: the City of Carlsbad and Daon Corporation.
RECORDED: August 13, 1984 as File No. 84-307193 of Official Records.
45. The effect, if any, of Parcel Map No. 13427, Which sets forth, or purports
to set forth certain dimensions and bearings of the herein described
property.
46. An easement for public roadway and public utilities and incidental purposes
in favor of CITY OF CARLSBAD, recorded August 16, 1984 as File No. 84-312777
of Official Records, described as follows:
A 102.00 foot strip of land being 51.00 feet measured at right angles on
each side of the following described centerline:
Commencing at. an angle pOint in the centerline of that certain ~ocument
granted to San Marcos County Water District, recorded January 27, 1969 a~
File No. 15564 of Official Records, formed with the intersection of the two
bearings South 59°59'09" West (South 59~57'35" West per record) and North
30°00'51" West (North 30°02'25" West per record); thence, North 59°59'09"
East along said centerline 945.00 feet; thence, leaving said centerline
South 30°00.' 51"· East 21.00 feet to the Tru.e Point of Beginning; thence,
South 59°59'09" West 935.00 feet to the beginning of a tangent 1400.00 foot
radius curve concave Northerly; thence, Westerly along the arc of said curve
through a central angle of 14°02'52" a distance of 34~.25 feet; thence,
South 74°02 '01" West 300.00 feet to the beginning of a tangent 1400 foot
radius curve concave Southerly; thence, Westerly along the arc of said curve
through a central angle of 15°00'12" a distance of 366.60 feet to the point
-of termination.
The sidelines of said 102.00 foot strip of land shall begin on a line that
bears North 30°00'51" West and pass through the True Point of Beginning and
end on a line that bears North 30°58'11" West and pass through the point of
termination.
Said instrument also grants the privilege and right to extend and maintain
drainage structures and excavation and embankment slopes beyond the limits
of said right of way Where required for the construction and maintenance
thereof.
47. An Agreement regarding the payment of a Public Facilities Fee, dated JULY 9,
1984, upon the terms, covenants, and conditions contained therein.
EXECUTED BY AND BETWEEN: THE CITY OF CARLSBAD and DAON Corporation.
RECORDED: August 21, 1984 as File No. 84-318632 of Official Records.
ORDER NO. 8Y521o-L4 PAGE NO. 19 •
48. An Agreement regarding Soil Disposal Easement, dated September 10, 1984,
upon the terms, covenants, and conditions contained therein.
EXECUTED BY AND BETWEEN: Daon Corporation, a Delaware corporation and
Alicante Hills Joint Venture, a California general partnership.
RECORDED: September 20, 1984 as File No. 84-357097 of Official Records.
Affects Parcel 2.
49. An Agreement regarding Soil Disposal Easement Agreement between DAON and
ALICANTE dated September 10, 1984, recorded September 20, 1984 as File No.
84-357097, dated September 20, 1984, upon the terms, covenants, and
conditions contained therein.
EXECUTED BY AND BETWEEN: DAON CORPORATION, a Delaware corporation and
ALICANTE HILLS JOINT VENTURE, a California general partnership.
RECORDED: October 2, 1984 as File No. 84-374496 of Official Records.
Affects Parcel 2.
50. Such matters as may be disclosed by a physical inspection of said land
and/ or an inquiry as to the persons in possession thereof, a supplemental·
report of which will follow.
1984-85 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEM;ENTS:
EXEMPT:
09027
215-021-05
$23,337.45 PAID
$23,337-.45 NOT-PAID
$4,223,820.00
$-0-
$-0-
09037
215-030-05
$10,393.47 PAID
$10,393.47 NOT PAID
$1,905,870.00
$-0-
$-0-
09027
215-031-01
$8,196.56 PAID
$8,196.56 NOT PAID
$1,483,488.00
$-0-
$-0-
ORDER NO. 895Z76-14
PAGE NO. 20 •
1984-85 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
CODE AREA:
PARCEl,. NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
Disk No. C-1583
09038
215-052-05
$14,314.35 PAID
$14,314.35 NOT PAID
$2,573,460.00
$-0-
$-0-
09070
215-061-03
$20,351.52 PAID
$20,351.52 NOT PAID
$3,706,680.00
$-0-
$-0-
09037
215-030-06
$730.35 PAID
$730.35 NOT PAID
$133,926.00
$-0-
$-0-
09070
215-061-01
$2,262.52 PAID
$2,262.52 NOT PAID
$180,285.00
$231,795.00
$-0-
09058
215-480-02
$5,505.66 PAID
$5,505.66 NOT PAID
$1,004,700.00
$-0":'
$-0-
09052
215-480-03
$75.18 PAID
$75.18 NOT PAID
$10,302.00
$-0-
$-0-
•
•• LEGAL DESCRIPTION
ORDER NO. 895276-14 •
The land referred to herein, is situated in the State of California, County of San
Diego, and is described as follows:
PARCEL 1:
Parcel 3 of Parcel Map No. 1188, in the City of Carlsbad, County of San Diego"
State of California, filed in the Office of County Recorder of San Diego County,
being a division of a portion of Lot "A" of Rancho Agua Hedionda accordi.ng to Map
thereof No. 823 filed in the Office of County Recorder of San Diego County, and
portions of Sections 23, 24, 25 and 26 in Township 12 South, Range 4 West, San
Bernardino Base and Meridian, according to Official plat thereof, and specifically
including those portions of said Sections 24 and 25 designated as "NOT A PART OF
THIS PARCEL MAP" on said Parcel Map No. 1188.
Excepting therefrom that portion conveyed to the City of Carlsbad, by Deed
recorded December 9, 1983 as File No. 83-449259 of Official Records, being set out
as follows:
A parcel of land being a portion of the Northeast One Quarter of Section 26, the
Northwest One Quarter of Section 25, and the Southwest One Quarter of said Section
25, Township 12 South, .Range 4 West, of the San Bernardino Base and Meridian, City
of Carlsbad, County of San Diego; State of California, described as follows:
A strip of land 51.00 feet in width lying Northerly measured at right angles and
parallel with the center line of Alga RO.ad as shown on Map No. 5781 and Map No·.
5434, both on file in the Office of County Recorder of San Diego County.
Together with Lot A and Lot B as shown on said Map 5781, and Lot A as shown on
said Map No. 5434.
Excepting therefrom any portion dedicated as Alga Road on said Map No. 5434 and
5781, and that portion dedicated as Alga Road on Parcel Map No. 9043 on file in
the Office of County Recorder of San Diego County.
Also excepting that portion of said Alga Road acquired by th~ City of Carlsbad for
public street purposes, recorded December 26., 1978 as File No. 78-552335 of
Official Records.
PARCEL 2:
That portion of the South Half of Sections 25 and 26" Township 12 South, Range 4
West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San
Diego, State of California, according to Official Plat thereof described as
follows:
Beginning at the most Westerly corner of Lot 57 of LA COSTA MEADOWS UNIT NO.1,
according to Map thereof No. 6800, filed in the Office of the County Recorder of
San Diego County; thence along the boundary of said Unit No.1 as follows:
@
LEGAL DESC~FTION -
ORDER NO. 895276-14 • •
South 60°37'21" East 549.65 feet to the Northerly line of ALGA ROAD as shown on
said Map No. 6800 being a 'point in the arc of a 949 foot radius curve, concave
Northerly a radial bears South 42°42'01" East to said point; Westerly along said
curve through an angle of 32°40'34" a distance of 541.22 feet; tangent to 'said
curve South 79°58'33" West 670 feet to a tangent 949 foot radius curve, concave
Northerly; Westerly along said curve through an angle of 25°54 '00" a distance of
428.99 feet; and South 15°52'33" West 51 feet to the Northeasterly corner of LA
COSTA VALLEY UNIT NO.4, according to Map thereof No. 5781, filed in the Office of
the County Recorder of San Diego County; thence along the Northerly boundary of
said Unit No. 4 being the Northerly line of ALGA ROAD as shown on said Map No.
5781 as follows:
Westerly along the arc of a 999 foot radius curve, concave Northerly, through an
angle of 28°22 '00" a distance of 407.42 feet; tangent to said curve North
50°44 '00" West 398 feet to a tangent 1,001 foot radius curve, concave Southerly;
Westerly along said curve through an angle of 38°30'58" a distance of 672.91 feet;
North 89°14'58" West 98.00 feet; and North 0°45'02" East 17.00 feet to the North
line of said South One-Half of Section 26; thence along said North line South
89°14' 58" East 161.14 feet to the Northwest corner of said South Half of Secti'on
25; thence along the North line. of said South Half of Section 25 South 89°12' 29"
East 2321.97 feet to the Point of Beginning. .
ja/mjg
--\---·-r .. RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: ) ..
)
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 ) r
Space above this line for Recorder's use
Documentary transf~ tax: $ • No fee
~~
Signature of declarant determining
tax-firm name
City of Carlsbad .2 l..r-tJ('/-01/ tJ.']" ..2 If"-t;'~() -().J. a
J2 /0$--1>.:1 / -I> I J .;2 /.J-t:J.J..} -~.r ' :.I '.J
Parcel No. ;2/';-~,2.I-()S: ..2. If:. ()30 -OJ; t!J6 ,
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PA~MENT OF A PUBLIC FACILITIE~ FEE
THIS AGREEMENT is entered into this ~day of
by and between DAON ~~~-----------------------------~----------------------
(name of developer-owner)
a ~ORPORATION , hereinafter referred to as ~(~C~o-r--p-o-r-a~t~~~'o~n-,--p-a-r--t-n-e-r-s~h~i-p-,--e-t--c-.~)--
"Developer" whose address is 5150 Avenida Encinas, Carlsbad
(street>
California, 92008 and T~E CITY OF
( Cit Y', s tat e, zip cod e)
CA~LSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address· is 1200 Elm Avenue,
Carlsbad, California, 92008.
W'I T N E SSE T H:
WHEREAS, Deve1~per is the o~ner of the real property describ~d
on Exhibit "A:, 'attached hereto and made a part of this agreement,
hereinafter referred to as "Property"; and
WHEREAS, The Property lias within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
_____ ~N/~A~ ____ ~ ____________________ ~-------------------<:[)
REV 4-2-82
• on said Property, which development carries • the proposed name of
LA COSTA NORTH
and is hereafter referred to as "Development"; and
WHEREAS, Developer 'filed on the (P day of ---=---
19 <?5: with' the City a request for Tentative parcel Map
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan
requires that the City Council fin~ that all public facilities
necessary to serve a development will be available concurrent with
need or such development shall not be approved (said element is on
file with the City Clerk and is incorporated by this reference); and
WHEREAS, Developer and City recognize the correc,tness of Council
Policy_~o. l7, dated April 2, 1982, in file with the City Clerk and
incorporated by this reference, and that the City's public facilities
and serv~ces are at capacity and w~ll not be available to accommodate
the additional need for publit facilities and services resulting from
the proposed Development; and
WHEREAS, Developer has asked the City to find that public.
facilities and services will be available to meet the future needs of
the Development as it is presently proposed; but the Developer is
aware ~hat the City cannot and will not be able to make any such
finding without financial assistance to pay for such services and
facilities; and therefore, DeveloFer proposes to help satisfy the
General Plan as implemented by Council-Policy No. 17 by payment of a
public facilities fee.
-2-
REV 4-2-82
NOW, THEREFORE,_aon1sider.ation of the reelts and the
covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee
in an amount not to exceed 2% of the building permit valuation of the
building or structures to be constructed in the Development pursuant
to th~ Request. The fee shall be paid prior to the issuance of
building or other construction permits for the development and shall
be based on the valuation at that time. This fee 'shall be in
addition to any fees, dedications or improvements required ~ursuant
to .Titles 18, 2D or 21 of the Carlsbad Municipal Code. Developer
shall pay a te~ for conversion 0 f existing building or structures
into condominiums in an amount not to exceed 2% of the building
permit valuation at the time of conversion. The fee for a
condominium tonversion shall be paid prior to the issuance of a
condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Muriicipal Code. condominium shall include community
apartment or stock cooperative. The terms "other construction
permits", "other con'struction permit"'and "entitlement fot use" as
used in this agreement, exce~t in reference to mobilehome sites or
projects, shall not refer to g~ading permit~ or other permits for the
construction of underground or street improvements unless no other
permit is necessary prior to the use or occupancy for which the
development is intended. Developer shall pay to City a public
facilities fee in the sum of $1,150 for each mobilehome space to be
.coQstructed pursuant· to the Request .. The fee shall be paid prior to
the issuance of building or other construction permits for the
de-.. elopment. This fee shall be in addition to any fees, dedications
or improvements requ~red according to Titles 18, 20 or 21 of the
Carlsbad Municipal Code.
-3-
REV 4-2-82
2. The Developer may offer to donate a site or sites f-or public
facilities. in lieu of all or part of the financial obligation agreed
upon in Paragraph 1 above. If Developer offers to donate a site or
sites for public facilities, the City shall consider, but is not
obligated to accept the offer. The time for donation and amount of
credit against the fee shall be determined by City prior to the
issuance of any building or other permits. Such determination, when
made, shall become a part of this agreement. Sites donated under
this paragraph shall not include improvements required pursuant to
Titles 18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required
to ensure the consistency of the Development with the City's General·
Plan. If the fee is not paid as provide4 herein, the City will not
have the funds to provide public facilities and services, and the
developmen~ will not be consistent with th~ G~neral Plan .nd any
approval or permit for the Development shall be void. No building or
other construction permit or entitlement far use shall be issued
until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financing of public
facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this
and similar public facilities fees are available .
.. _ .. ~ •.... C.it.y agrees .to p~ovide upon request reasonable assuranc·es to
enable Developer to comply with any requirements of other pu~lic
agencies as evidence of adequate public facilities and serV1ces
sufficient to accommodate the needs of the Development herein
described.
-4-
REV 4-2-82
6. All Obligati. h'ereutider shal,l terminatan the event the
Requests made by Developer are not approved.
7. Any notice from one party to the other shall be in writing,
and shall be dated and ~igned by the party giving such notice or by a
duly authori~ed representative of such party. Any such notice shall
not be effective for any purpose whatsoever unless served in one of
the following manners:
7.1 If notice ~s given to the City of personal delivery
thereof to the City or by depositing same ~n the United States Mail,
addressed to the City at the address set forth herein, enclosed in a
sealed envelope, addressed to the City for attention of the City
Manager, postage prepaid and certified.
7.2 If notice ~s given to Developer by personal delivery
thereof to Developer or by depositing the same ~n the United States
~ail, enclosed ~n a sealed envelope, addres~d to Developer at the
address as may have been designated, postage prepaid and certified.
8. This agreement shall be binding upon and s~all inure to the
benefit of, and shall apply to, the respective successors and ass~gns
of Developer and the City, and references to Develo~er or City herein
shall be deemed to be reference to and include their respective
successors and assigns without specific mention of such successors
and assigns. If Developer should cease to have"any interest in the
Property, all obligations of Developer hereunder shall terminate;
provided, however, that any successor of Developer's interest in the
"""prop"er"ty shall have first assumed in writi"ng the Developer's
obligations hereunder.
9. This agreement shall be recorded but shall not create a lien
or security interest in the Pro~erty. When the obligations of this
agreement have been satisfied, City shall record a release.
-5-
REV 4-2-82
---,
EXHIBIT "A"
LEGAL DESCRIPTION
A Portion ot Parcel 3 of Parcel Map 1188.
.)
• IN WITNESS WHEREOF, this agreement 19 executed in San Diego
county, California as of the date first written above.
DEVELOPER-OWNER:
DAON CORPORATI~N ).. -'1-rr
CITY OF CARLSBAD, a municipal
corporation of the
~Y1' State of California
BY Michael K. Ryan, Vice President BY ----~----~-----------------------City Manager
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
I STATE OF CALIFORNIA ORANGE Iss. COUNTY OF I
On February 6, 1985 ,before me, the undersigned, a Notary Public in and for
said State, personally appeared Mi chae 1 K. Ryan and W. A. Colton, III -----------=---------_, personally known to me (or proved to me on the
mtiS t. be
basis of satisfactory evidence) to b'e the persons who,executed the within instrument'as, _______ _
___ --!.V..!.i~C~e __ President and Vi ce Pres i den:¥lr,e~~, on behaif of~, _______ _
Daon £orporation , . • ••••••••••
the corporation therein named, and acknowledged to me that@-"OFFICIAlSEAl
such corporation executed the within instrument pursuantto its .. 1ft' CONNIE BERGLUND . ~ NotIry Public • Califernil
by-laws or a resolution of its board of directors. ... ORANGE COUNTY
• ,. . My Commission Expires Oct 25. 1986 (j)
(This area for official notarial seal)