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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. ---------------------------------------------------------------------------------------- Illlaging ~ervices Uepartlllent • 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)