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HomeMy WebLinkAboutHDP 90-02; Aviara Phase II; Hillside Development Permit (HDP)CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For Dept. Use Only) (For Dept. Use Only) • • • • • • • • • • • Master Plan Specific Plan Precise Development Plan... Tentative Tract Map Planned Development Permit Non-Residential Planned Development Permit Condominium Permit Special Use Permit Redevelopment Permit Tentative Parcel Map — Administrative Variance, • • • • • • • • • General Plan Amendment Site Development Plan Zone Change Conditional Use Permit Hillside Development Permit. Environmental Impact Assessment Variance Planned Industrial Permit. Coastal Development Permit Planning Commission Deter. 2) LOCATION OF PROJECT: ON THE BETWEEN Poinsettia Lane North [SIDE OF I Batiquitos Lagoon (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) AND Aviara Phase I (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: Portion of Section 22, 26, 27, 28, 33 and 34 in Township 12 South, Range 4 west, in the City of Carlsbad 4) ASSESSOR PARCEL NO(S) 214-170-51, 215-040-02, 15, 16, 215-050-14 5) LOCAL FACILITIES MANAGEMENT ZONE 19 6) EXISTING GENERAL PLAN DESIGNATION Coinbinatic^n District 7) PROPOSED GENERAL PLAN DESIGNATION N/A 8) EXISTING ZONING PC 9) PROPOSED ZONING N/A 10) GROSS SITE ACREAGE 247.2 11) PROPOSED NUMBER OF RESIDENTIAL UNITS 591 12) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION Tent. Map Master 14) NUMBER OF EXISTING RESIDENTIAL UNITS None (RESIDENTIAL COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL OFFICE/SQUARE FOOTAGE N/A 16) PROPOSED COMMERCIAL SQUARE FOOTAGE N/A ARFM0008.DH 4/89 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 20) PROJECT NAME: 57% 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 591 5910 Aviara Phase II 21)BRIEF DESCRIPTION OF PROJECT ^. • w. . ..wwww.. I Hillside Qermit for Aviara Phase II 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE) tlkHl^^l^^lmU, ^AME (PRINT OR TYPE) MAILING ADDRESS 2011 Palomar Airport Rd., Suite 206 MAILING ADDRESS CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92008 931-1190 CITY AND STATE ZIP TELEPHONE I CERTIFY THAT ALL THE ABOVE I TO THE BEST OF SIGNATURE I AM THE LEGAL OWNER AND THAT NFORMATION IS TRUE AND CORRECT MY. KNOWLEDGE. I CERTIFY THAT I AM THE OWNER'S REPRE- SENTATIVE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST/OR MY KNOWLEDGE. 4Ifi[JATURE DA^E / FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED 3FTO- JAN 18 C'TY OF CARLSBAD DATE STAMP APPLICATION RECEIVED RECEIVED BY; TOTAL FEE REQUIRED DATE FEE PAID I hi/9 0 RECEIPT NO. ARFM0008.DH 4/89 ^ CITY OF CARLSBAD 1200 ELM JMNUE CARLSBAD, CALIFoftiA 92008 438-5621 REC'D FROM AJUWX.^... J CU. .J A.'If^-Q . DATE. ACCOUNT NO. DESCRIPTION AMOUNT (Y) \-L lD- oc-0/) -Tc^iiq 5SQ| Of^ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2710 01/18/9( 1 0001 01 05 1 Hisc 31^0.00 1 RECEIPT NO. 95125 TOTAL 1 APPLICANT; DISCLOSURE FORM Aviara Land Associates Limited Partnership Name (individual, partnership, joint venture, corporation, syndication) 2011 Palomar Airport Road, Suite 206, Carlsbad, CA 92008 Business Address 931-1190 Telephone Number AGENT: same Name Business Address Telephone Number MEMBERS; Name (individual, partner, joint venture, corporation, syndication) Home Address Business Address Telephone Number Telephone Number Name Home Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) I/We understand that if this project is located in the Coastal Zone, I/we will apply for Coastal Commission Approval prior to development. I/We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I/We consent to entry for this purpose. I/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. APPLICANT D.L. Clemens BY fl A L€ INSURANCE I TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 925 "B" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081 PRELIMINARY REPORT AUGUST 21. 1989 AVIARA LAND ASSOCIATES ATTN: SCOTT MEDANSKY 2011 PALOMAR AIRPORT RD SUITE 206 CARLSBAD, CALIFORNIA 92009 YOUR REFERENCE: AVIARA - MASTER OUR ORDER NO. : 1177466 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AT 7:30 A.M. AS OF AUGUST 17, 1989 TITLE OFFICER: TOM VOTEL TEL 619 544-6234 KEN CYR TEL 619 544-6236 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS; ( ) ALTA RESIDENTIAL TITLE INSURANCE POLICY - (6-1-87) ( ) ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE l/f CLTA STANDARD COVERAGE POLICY - 1988 ( ) ALTA OWNER'S POLICY (10-21-87) 1177466 PAGE m TICOR TITLE INSURANCE THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE THE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, AS TO PARCELS A, B, D, F, I AND d; DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP, AS TO PARCELS C AND K; LYON COMMUNITIES INC., A CALIFORNIA CORPORATION, AS TO PARCEL E; RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, AS TO PARCELS G, H; CITY OF CARLSBAD, A MUNICIPAL CORPORATION AS TO PARCEL L; AND CARLSBAD UNIFIED SCHOOL DISTRICT, A LOCAL PUBLIC AGENCY AS TO PARCEL M 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. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR : 1989-90 INCLUDING PERSONAL PROPERTY TAX, IF ANY, A LIEN NOT YET PAYABLE. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE TAXATION CODE OF THE STATE OF CALIFORNIA. 2. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF FOR RECORDED SAN DIEGO GAS & ELECTRIC COMPANY TRANSMISSION AND DISTRIBUTION OF ELECTRICITY APRIL 16, 1954 IN BOOK 5207, PAGE 161 OF OFFICIAL RECORDS AFFECTS : PARCEL A AS SET FORTH THEREIN 3. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF FOR RECORDED SAN DIEGO GAS & ELECTRIC COMPANY THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY OCTOBER 16, 1956 IN BOOK 6301, PAGE 162 OF OFFICIAL 1177466 PAGE ^ TICOR TIRE INSURANCE- RECORDS AFFECTS : PARCEL A AS SET FORTH THEREIN; PARCEL D AS FOLLOWS: LOTS 90 AND 91 AS SHOWN ON MAP 12410: PARCEL E AS FOLLOWS: LOT 92 AS SHOWN ON MAP 12411; PARCEL F AS FOLLOWS: LOTS 95, 98, 99 AND 100 AS SHOWN ON MAP 12411. BY QUITCLAIM DEED RECORDED DECEMBER 26, 1973 AS FILE NO. 73-355049 OF OFFICIAL RECORDS THE FOLLOWING PORTION OF SAID EASEMENT WAS ELIMINATED: THAT CERTAIN 20.00 FOOT STRIP OF LAND LYING WITHIN THE SOUTH HALF OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND BEING 10.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT A POINT ON THE SOUTHERLY LINE OF SAID SECTION 26, DISTANT THEREON 1977.99 FEET EASTERLY FROM THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE NORTH 24°59'39" WEST, A DISTANCE OF 756.26 FEET; THENCE NORTH 53°06'06" EAST, 25.00 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE OF THE STRIP OF LAND BEING QUITCLAIMED HEREIN; THENCE FROM SAID TRUE POINT OF BEGINNING AND CONTINUING NORTH 53*06'06" EAST, 135.00 FEET. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : JANUARY 10, 1989 BY AND BETWEEN : SAN DIEGO GAS & ELECTRIC COMPANY AND PACIFIC RIM LAND ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP REGARDING : RIGHT OF WAY USE AGREEMENT RECORDED : JANUARY 10, 1989, RECORDER'S FILE NO. 89-012389 NOTE: SAID AGREEMENT REFERS TO THE EASEMENT ABOVE DESCRIBED. 4. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR : ELECTRICAL TRANSMISSION AND DISTRIBUTION FACILITIES, TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES, INGRESS AND EGRESS RECORDED : APRIL 26, 1957, DOCUMENT NO. 61923 IN BOOK 6553 PAGE 334 OF OFFICIAL RECORDS AFFECTS : PARCEL A AS SET FORTH THEREIN; PARCEL D AS FOLLOWS; LOTS 90 AND 91 AS SHOWN ON MAP 12410 SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES GRANTOR AGREES THAT NO OTHER EASEMENT OR EASEMENTS SHALL BE GRANTED ON, UNDER OR OVER SAID STRIP OF LAND BY GRANTOR, WITHOUT THE PREVIOUS WRITTEN CONSENT OF GRANTEE. 5. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR : A LINE OR LINES OF POLES AND/OR STEEL TOWERS AND WIRES AND/OR CABLES, UNDERGROUND CONDUITS, CABLES, VAULTS AND MANHOLES, TELEPHONE SIGNAL AND COMMUNICATION 1177466 PAGE 3 rf. m TICOR TITCE INSURANCE RECORDED AFFECTS PURPOSES AND PIPE LINES FEBRUARY 7, 1958 IN BOOK 6941, PAGE 234 OF OFFICIAL RECORDS PARCEL A AS SET FORTH THEREIN; PARCEL D AS FOLLOWS: LOTS 90 AND 91 AS SHOWN ON MAP 12410 AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, STATED HEREIN, IN FAVOR OF FOR RECORDED AFFECTS AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES CARLSBAD MUNICIPAL WATER DISTRICT PIPE LINE JULY 21, 1958, DOCUMENT NO. 116505 PARCEL A AND L AS SET FORTH THEREIN AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, STATED HEREIN, IN FAVOR OF FOR RECORDED AFFECTS AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES CARLSBAD MUNICIPAL WATER DISTRICT PIPE LINE DECEMBER 4, 1959, DOCUMENT NO. 250359 PARCEL A AS SET FORTH THEREIN 8. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT STATED HEREIN IN FAVOR OF FOR RECORDED AFFECTS AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES CARLSBAD MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT PIPELINE FEBRUARY PARCEL B 12409; PARCEL FOLLOWS: LOT 27, 1962, RECORDER'S FILE NO. AS FOLLOWS: LOTS 46, 47 & 48 E AS SHOWN ON MAP 12411; 97 AS SHOWN ON MAP 12411 33068 AS SHOWN ON PARCEL F AS MAP AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CHEATING OR REAFFIRMING SAID EASEMENT STATED HEREIN, IN FAVOR OF : FOR : RECORDED AFFECTS AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES CARLSBAD MUNICIPAL WATER DISTRICT PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES AND CONDUITS AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES SEPTEMBER 27, 1966, RECORDER'S FILE NO. 156084 PARCEL E AS SHOWN ON MAP 12411; PARCEL F AS FOLLOWS: LOT 92 AS SHOWN ON MAP 12411; PARCEL M AS SET FORTH THEREIN. 10. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, STATED HEREIN IN FAVOR OF FOR RECORDED AFFECTS AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES SAN DIEGO GAS & ELECTRIC COMPANY POLES, WIRES AND ANCHORS FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AUGUST 9, 1968 RECORDER'S FILE NO. 136472 PARCEL F AS FOLLOWS: LOT 99 AS SHOWN ON MAP 12411; PARCEL H AS FOLLOWS: LOTS 120, 121 AND 122 AS SHOWN ON MAP 12411 BY QUIT CLAIM DEED RECORDED NOVEMBER 26, 1969 UNDER RECORDER'S FILE 1177466 PAGE 4 I—^ TICOR TI^^E INSURANCE NO. 216504, THE FOLLOWING PORTION OF EASEMENT WAS ELIMINATED: THE SOUTHERLY 25.00 FEET THE SOUTHWEST QUARTER OF SAN BERNARDINO MERIDIAN. OF THE NORTH HALF OF SECTION 26, TOWNSHIP THE SOUTHWEST QUARTER OF 12 SOUTH, RANGE 4 WEST, 11. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, STATED HEREIN IN FAVOR OF FOR RECORDED AFFECTS AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES THE CITY OF CARLSBAD WATER SYSTEM, SEWERAGE, DRAINAGE, POWER LINE, EXCAVATION, AND/OR EMBANKMENT FACILITIES MARCH 11, 1976, RECORDER'S FILE NO. 76-071622 PARCEL A AS SET FORTH THEREIN; PARCEL B AS FOLLOWS: LOTS 2 AND 3 AS SHOWN ON MAP 12409 12. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, STATED HEREIN, IN FAVOR OF FOR RECORDED AFFECTS AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1 AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL MAY 26, 1976 RECORDER'S FILE NO. 76-159954 PARCEL A AS SET FORTH THEREIN; PARCEL F AS FOLLOWS: LOT 100 AS SHOWN ON MAP 12411 13. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF FOR RECORDED AFFECTS 14. AN EASEMENT SAID EASEMENT, STATED HEREIN, IN FAVOR OF : FOR : RECORDED AFFECTS SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1 AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL NOVEMBER 22, 1976 RECORDER'S FILE NO. 76-391112 PARCEL A AS SET FORTH THEREIN , AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES SAN DIEGO GAS & ELECTRIC COMPANY THE TRANSMISSION AND DISTRIBUTION OF UNDERGROUND FACILITIES CONSISTING OF MANHOLES, HANHOLES AND JUNCTION BOXES WITH WIRES AND CABLES PLAED THEREIN AND ABOVEGROUND STRUCTURES CONSISTING OF PADS, TRANSFORMERS, AND OTHER ABOVEGROUND STRUCTURES, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM MAY 10, 1977, RECORDER'S FILE NO. 77-177430 PARCEL A AS SET FORTH THEREIN ELECTRICITY, CONDUITS, 15. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED BY AND BETWEEN REGARDING RECORDED SEPTEMBER 7, 1983 N.B. HUNT AND W.H. HUNT AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AGREEMENT BETWEEN DEVELOPER- CARLSBAD FOR THE PAYMENT OF OCTOBER 20, 1983, RECORDER'S OWNER AND THE CITY OF A PUBLIC FACILITIES FEE FILE NO. 83-378945 16. THE FACT THAT SAID LAND LIES WITHIN THE HPI REORGANIZATION, AS DISCLOSED BY SAN DIEGO COUNTY LOCAL AGENCY FORMATION COMMISSION 1177466 PAGE m TICOR Tllfi E INSURANCE CERTIFICATE OF COMPLETION, RECORDED FEBRUARY 14 85-051430 OF OFFICIAL RECORDS. 1985 AS FILE NO REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 17. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE DISTRICT NO. 1" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY OF CARLSBAD A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 19, 1986, RECORDER'S FILE NO. 86-356638. SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES FUNDS FOR THE CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE GENERATED BY FEES COLLECTED AS BUILDING PERMITS ARE ISSUED FOR DEVELOPMENT WITHIN THE BOUNDARIES OF THE DISTRICT. 18. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED BY AND BETWEEN REGARDING RECORDED 19. AN DATED BY AND BETWEEN REGARDING RECORDED AUGUST 29, 1986 W.H. HUNT AND N.B. HUNT AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE NOVEMBER 6, 1986, RECORDER'S FILE NO. 86-509319 IS HEREBY MADE FOR FULL PARTICULARS AGREEMENT TO WHICH REFERENCE OCTOBER 16, 1987 W. H. HUNT AND N. B. HUNT AND THE CITY OF CARLSBAD PAYMENT OF A PUBLIC FACILITIES FEE NOVEMBER 19, 1987, RECORDER'S FILE NO. 87-647735 20. AN AGREEMENT DATED : BY AND BETWEEN : REGARDING RECORDED TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS JUNE 6, 1988 THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE STATE LANDS COMMISSION, WITH THE CONCURRENCE OF THE CALIFORNIA ATTORNEY GENERAL; AND PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELWARE LIMITED PARTNERSHIP TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT JUNE 10, 1988, RECORDER'S FILE NO. 88-278452 21. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES STATE OF CALIFORNIA ACTING BY AND THROUGH THE STATE LANDS COMMISSION PUBLIC ACCESS EASEMENT JUNE 10, 1988, RECORDER'S FILE NO. 88-278452 PARCEL A; PARCEL B AS FOLLOWS: LOTS 2 AND 3 AS SHOWN ON MAP 12409; PARCEL J AS FOLLOWS: LOT 309 AS SHOWN ON MAP 12413 IN FAVOR OF FOR RECORDED AFFECTS 22. A DEED OF TRUST TO SECURE AN STATED HEREIN ORIGINAL INDEBTEDNESS OF THE AMOUNT DATED AMOUNT TRUSTOR DECEMBER 20, 1988 $125,000,000.00 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP 1177466 PAGE f—TICOR TITCE INSURANCE TRUSTEE BENEFICIARY RECORDED FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661636 SAID MATTER AFFECTS: PARCELS A. B, D, F I AND J SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY MARCH 23 1989 FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION APRIL 14, 1989, RECORDER'S FILE NO. 89-196177 DEED RESTRICTION (OPEN SPACE) APRIL 14, 1989, RECORDER'S FILE NO. 89-196176 SUBJECT MATTER AN INSTRUMENT RECORDED SUBORDINATED RECORDED TO TRUST HAS BEEN SUBORDINATED TO THE THIS PARAGRAPH, BY THE PROVISIONS OF MARCH 13 1989 : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION APRIL 14, 1989, RECORDER'S FILE NO. 89-196179 DEED RESTRICTION (TRAIL) APRIL 14, 1989, RECORDER'S FILE NO. 89-196178 SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED DATED EXECUTED BY SUBJECT MATTER AN INSTRUMENT TRUST HAS BEEN SUBORDINATED TO THE THIS PARAGRAPH, BY THE PROVISIONS OF MARCH 13 1989 : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION : APRIL 14, 1989, RECORDER'S FILE NO. 89-196181 : IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS : APRIL 14, 1989, RECORDER'S FILE NO. 89-196180 SUBJECT MATTER AN INSTRUMENT TRUST HAS BEEN SUBORDINATED TO THE THIS PARAGRAPH, BY THE PROVISIONS OF : JUNE 7, 1989 : AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1989, RECORDER'S FILE NO. 89-345754 EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345753 THE SUBJECT MATTER OF AN INSTRUMENT RECORDED TRUST HAS BEEN SUBORDINATED TO TO IN THIS PARAGRAPH, BY THE PROVISIONS : JUNE 7, 1989 : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION : JUNE 29, 1989, RECORDER'S FILE NO. 89-345756 1177466 PAGE •f< TICOR TITLE INSURANCE SUBORDINATED RECORDED TO EASEMENT JUNE 29, 1989. RECORDER'S FILE NO. 89-345755 SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED RECORDED TO SAID DEED OF REFERRED TO IN DATED EXECUTED BY SUBJECT MATTER AN INSTRUMENT TRUST HAS BEEN SUBORDINATED TO THE THIS PARAGRAPH. BY THE PROVISIONS OF MAY 22, 1989 : AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1989, RECORDER'S FILE NO. 89-345758 EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345757 SUBJECT MATTER AN INSTRUMENT TRUST HAS BEEN SUBORDINATED TO THE THIS PARAGRAPH, BY THE PROVISIONS OF : JUNE 14, 1989 : AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1989, RECORDER'S FILE NO. 89-345760 EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345759 SUBJECT MATTER AN INSTRUMENT TRUST HAS BEEN SUBORDINATED TO THE THIS PARAGRAPH, BY THE PROVISIONS OF : APRIL 22, 1989 : AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1989, RECORDER'S FILE NO. 89-345762 EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345761 SUBJECT MATTER AN INSTRUMENT TRUST HAS BEEN SUBORDINATED TO THE THIS PARAGRAPH, BY THE PROVISIONS OF : JUNE 15, 1989 : AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1989, RECORDER'S FILE NO. 89-345766 EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345765 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT : MAY 22, 1989 : AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1989, RECORDER'S FILE NO. 89-346186 EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-346185 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT : JUNE 30, 1989 : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A 1 177466 PAGE 8 ^ TICOR TITLE INSURANCE RECORDED SUBORDINATED TO RECORDED DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JULY 24, 1989, RECORDER'S FILE NO. 89-388407 MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS JULY 5, 1989, RECORDER'S FILE NO. 89-354659 23. AN ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT WAS EXECUTED BY TO RECORDED AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661637 24. A FINANCING STATEMENT FILED OF SAN DIEGO COUNTY, SHOWING DEBTOR SECURED PARTY RECORDED PROPERTY COVERED IN THE OFFICE OF THE COUNTY RECORDER AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP FIRST INTERSTATE BANK OF CALIFORNIA DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661638 AS SET FORTH THEREIN SAID MATTER AFFECTS: PARCELS A, B, D, F, I, & J 25. ANY ASSESSMENTS WHICH MAY BE LEVIED AGAINST THE HEREIN DESCRIBED PROPERTY, AS DISCLOSED BY A FILED MAP OF THE ASSESSMENT DISTRICT; PLAT NO.: PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT CITY OF : CARLSBAD RECORDED: MARCH 14, 1989, RECORDER'S FILE NO. 89-130025 AND AS AMENDED MAY 8, 1989, RECORDER'S FILE NO. 89-242769. NOTICE OF SPECIAL TAX LIEN RECORDED JULY 28, 1989, RECORDER'S FILE NO. 89-400726. 26. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : MARCH 22, 1989 BY AND BETWEEN : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND THE CALIFORNIA COASTAL COMMISSION REGARDING : DEED RESTRICTION (OPEN SPACE) RECORDED : APRIL 14, 1989, RECORDER'S FILE NO. 89-196176 27. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED • MARCH 13 1989 BY AND BETWEEN : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION AND THE CALIFORNIA COASTAL COMMISSION REGARDING : DEED RESTRICTION (TRAIL) RECORDED : APRIL 14, 1989, RECORDER'S FILE NO. 89-196178 28. A DOCUMENT ENTITLED "IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS" DATED MARCH 13, 1989, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, RECORDED APRIL 14, 1989, 1177466 PAGE TICOR TITO E INSURANCE RECORDER'S FILE NO. 89-196180. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 29. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT STATED HEREIN IN FAVOR OF FOR RECORDED AFFECTS AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES THE STATE OF CALIFORNIA, A POLITICAL SUBDIVISION AN OPEN-SPACE EASEMENT IN GROSS AND IN PERPETUITY FOR LIGHT, AIR, VIEW, AND FOR THE PRESERVATION OF SCENIC QUALITIES APRIL 14, 1989, RECORDER'S FILE NO. 89-196180 PARCEL A AS SET FORTH THEREIN; PARCEL B AS FOLLOWS: LOTS 2 AND 3 OF MAP 12409; PARCEL J AS FOLLOWS: LOT 309 AS SHOWN ON MAP 12413 30. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED BY AND BETWEEN REGARDING RECORDED MARCH 31 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP AND CITY OF CARLSBAD AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE JUNE 5, 1989, RECORDER'S FILE NO. 89-296176 31. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT STATED HEREIN IN FAVOR OF FOR RECORDED AFFECTS AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES CITY OF CARLSBAD WATERLINE PURPOSES AND APPURTENANCES JUNE 29, 1989, RECORDER'S FILE NO. 89-345753 PARCEL A, AS DESCRIBED IN SAID DOCUMENT 32. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, STATED HEREIN, IN FAVOR OF FOR RECORDED AFFECTS AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES CITY OF CARLSBAD DRAINAGE JUNE 29, 1989, RECORDER'S FILE NO. 89-345755 PARCEL A, AS DESCRIBED IN SAID DOCUMENT 33. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT STATED HEREIN IN FAVOR OF FOR RECORDED AFFECTS AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES CITY OF CARLSBAD GENERAL UTILITY AND ACCESS JUNE 29, 1989, RECORDER'S FILE NO. 89-345757 PARCEL A, AS DESCRIBED IN SAID DOCUMENT 34. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, STATED HEREIN, IN FAVOR OF FOR RECORDED AFFECTS AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES CITY OF CARLSBAD SEWER AND DRAINAGE JUNE 29, 1989, RECORDER'S FILE NO. 89-345759 PARCEL A, AS DESCRIBED IN SAID DOCUMENT 35. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING 1177466 PAGE 10 r .—^ TICOR TITTE INSURANCE SAID EASEMENT STATED HEREIN IN FAVOR OF FOR RECORDED AFFECTS AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES CITY OF CARLSBAD GENERAL UTILITY AND ACCESS JUNE 29, 1989, RECORDER'S FILE NO. 89-345761 PARCEL A, AS DESCRIBED IN SAID DOCUMENT 36. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, STATED HEREIN, IN FAVOR OF : FOR : RECORDED AFFECTS AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES CITY OF CARLSBAD PUBLIC STREET PURPOSES, AN EASEMENT FOR DRAINAGE PURPOSES, AN EASEMENT FOR SIDEWALK PURPOSES AND AN EASEMENT OF RELINQUISHMENT AND WAIVER OF ABUTTER'S RIGHT OF ACCESS JUNE 29, 1989, RECORDER'S FILE NO. 89-345765 PARCELS A, B, D AND F, AS DESCRIBED IN SAID DOCUMENT 37. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED BY AND BETWEEN REGARDING RECORDED JUNE 28, 1989 THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP DESILTATION BASIN MAINTENANCE AGREEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345770 SAID MATTER AFFECTS: PARCEL A AS SET FORTH THROUGH 127 INCLUSIVE THEREIN AND PARCEL OF MAP 12411 G AS FOLLOWS: LOTS 123 38. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED BY AND BETWEEN REGARDING RECORDED JUNE 28, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND CITY OF CARLSBAD DESILTATION BASIN/STORM DRAINAGE MAINTENANCE AGREEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345771 SAID MATTER AFFECTS: PARCELS B, D, I AND J AS SET FORTH THEREIN 39. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP CONSTRUCTING, REPAIRING, IMPROVING AND MAINTAINING CERTAIN SLOPES, LANDSCAPING AND INCIDENTAL IMPROVEMENTS ALONG ALGA ROAD AND AMBROSIA JUNE 29, 1989, RECORDER'S FILE NO. 89-346183 PARCEL M AS SET FORTH THEREIN SAID EASEMENT, STATED HEREIN, IN FAVOR OF : FOR : RECORDED AFFECTS 40. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CITY OF CARLSBAD FOR : AN EASEMENT FOR DRAINAGE 1177466 PAGE 11 I—^ TICOR TITIIE INSURANCE RECORDED : JUNE 29, 1989, RECORDER'S FILE NO. 89-346185 AFFECTS : PARCEL M AS SET FORTH THEREIN 41. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP OF THE SUBDIVISION SHOWN BELOW MAP NO. : 12409 PROVISIONS : AS FOLLOWS: BUILDING PERMITS WILL NOT BE ISSUED FOR LOTS 12 THRU 83 UNTIL PUD PLANS ARE APPROVED BY THE PLANNING COMMISSION. THE OWNER ACCEPTS RESPONSIBILITY FOR DRAINAGE OVERLAND AND ACKNOWLEDGES MAINTENANCE RESPONSIBLITY (IN PERPETUITY). THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE SALE, LEASE, OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS SUBDIVISION, A WRITTEN AGREEMENT PURSUANT TO CARLSBAD MUNICIPAL CODE SECTION 21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY. PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE PARK IN LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF CARLSBAD PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR PRIOR TO SALE OF THE SUBDIVISION PROPERTY WHICHEVER OCCURS FIRST. THE SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF FEES SHALL BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR SALE. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19 LOCAL FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN CONFORMANCE WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED ON DECEMBER 8, 1987, AND ANY AMENDMENTS THERETO. THE BUILDING PERMITS WHEN ISSUED WILL BE SUBJECT TO ANY FEES, OTHER CONDITIONS OR REQUIREMENTS IMPOSED AS A PART OF THAT PLAN. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE SALE OR DEVELOPMENT OF ANY PROPERTY OR BUILDING PERMITS, A PARKING AND DRAINAGE AGREEMENT SHALL BE ESTABLISHED FOR LOTS 1, 2 & 10 BY THE SUBDIVIDER AND APPROVED BY THE CITY OF CARLSBAD. 42. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. : 12409 STREET AFFECTED : ALGA ROAD ADJACENT AND CONTIGUOUS TO LOT 9, EXCEPTING THEREFROM ACCESS OPENING NO. 1 43. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE 1177466 PAGE 12 ^ TICOR TITLE INSURANCE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. 12409 STREET AFFECTED : BATIQUTIOS DRIVE ADJACENT AND CONTIGUOUS TO LOTS 1, 2, 3, 10, 12, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 63, 64, 65, 66, 74, 75, 76, 77, 78 AND 83 EXCEPTING THEREFROM ACCESS OPENINGS 2 AND 3 44. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12409 UTILITY LOTS 1, 2 AND 10 45. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12409 ACCESS AND GENERAL UTILITY LOTS 5, 7, 8 AND 9 46. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12409 SEWER LOT 9 47. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12409 WATERLINE LOTS 3, 5, 7, 8 AND 9 48. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12409 DRAINAGE LOTS 4, 5, 6, 7, 8 AND 9 49. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12409 SIGHT CORRIDOR LOTS 10, 12, 77, 78 AND 83 50. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12409 OPEN SPACE LOTS 3, 11, 21, 37, 51 AND 83 51. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12409 ACCESS LOTS 2 AND 3 52. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES 1177466 PAGE 13 ^ TICOR TITLE INSURANCE STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12409 PRIVATE ROAD LOTS 5 AND 7 53. AN OFFER OF DEDICATION TO PUBLIC USE OF A PORTION OF SAID LAND. SAID OFFER WAS REJECTED ON SAID MAP, BUT IS SUBJECT TO FUTURE ACCEPTANCE UNDER THE PROVISIONS OF SECTION NUMBER 66477.2 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. DESIGNATED ON MAP NO.: 12409 AS : PORTION OF LOT 3 RESERVED FOR FUTURE STREET 54. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP OF THE SUBDIVISION SHOWN BELOW MAP NO. : 12410 PROVISIONS : AS FOLLOWS: THIS PROJECT IS APPOVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE SALE, LEASE, OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS SUBDIVISION, A WRITTEN AGREEMENT PURSUANT TO THE CARLSBAD MUNICIPAL CODE SECTION 21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED. THE OWNER ACCEPTS RESPONSIBILITY FOR DRAINAGE OVERLAND AND ACKNOWLEDGES MAINTENANCE RESPONSIBILITY (IN PERPETUITY). THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUJECT PROPERTY UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY. PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE PARK IN LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF CARLSBAD PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR PRIOR TO SALE OF THE SUBDIVISION PROPERTY WHICH EVER OCCURS FIRST. THE SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF FEES SHALL BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR SALE. THIS SUBDIVISION CONTAINS A REMAINDER PARCEL PURSUANT TO SECTION 20.04.120 OF THE CARLSBAD MUNICIPAL CODE, BUILDING PERMITS SHALL NOT BE ISSUED FOR SUCH PARCEL UNTIL IT IS FURTHER SUBDIVIDED. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19 LOCAL FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN CONFORMANCE WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED ON DECEMBER 8, 1987, AND ANY AMENDMENTS THERETO. THE BUILDING PERMITS WHEN ISSUED WILL BE SUJECT TO ANY FEES, OTHER CONDITIONS OR REQUIREMENTS IMPOSED AS A PART OF THAT PLAN. THIS PROJECT IS APPROVED ON THE EXPRESS CONDITION THAT PRIOR TO THE SALE OR DEVELOPMENT OF ANY PROPERTY OR BUILDING PERMIT, PARKING AND DRAINAGE AGREEMENT SHALL BE ESTABLISHED FOR LOTS 87 THROUGH 91 BY THE SUBDIVIDER AND APPROVED BY THE CITY OF CARLSBAD. 55. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO 1177466 PAGE 14 M TICOR TITLE INSURANCE THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME : 12410 ALGA ROAD ADJACENT & CONTIGUOUS TO LOTS 87, 89, 90 AND 91 EXCEPTING THEREFROM ACCESS OPENINGS NO. 1 AND NO. 2 MAP NO. STREET AFFECTED 56. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12410 GENERAL LOTS 87 UTILITY 90 AND AND 91 ACCESS 57. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FCl AFFECTS 12410 25' SEWER LOTS 87 AND 89 58. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12410 FOR : 15' SEWER AFFECTS : LOT 90 59. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12410 FOR : WATER AFFECTS : LOT 87 60. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR THE PURPOSES DEDICATED ON MAP FOR AFFECTS 12410 15' DRAINAGE LOT 87 61. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12410 SIGHT CORRIDOR LOTS 87 AND 89 62. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12410 OPEN SPACE LOTS 88 AND 89 63. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12410 PRIVATE LOT 87 ROAD 64. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP OF THE SUBDIVISION SHOWN BELOW 1177466 PAGE 15 TICOR TITLE INSURANCE MAP NO. 12411 PROVISIONS : AS FOLLOWS: THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE SALE, LEASE OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS SUBDIVISION A WRITTEN AGREEMENT PURSUANT TO CARLSBAD MUNICIPAL CODE SECTION 21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED. THE OWNER ACCEPTS RESPONSIBILITY FOR OVERLAND DRAINAGE AND ACKNOWLEDGES MAINTENANCE RESPONSIBILITY (IN PERPETUITY). THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY. PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE PARK-IN-LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF CARLSBAD PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR PRIOR TO SALE OF THE SUBDIVIDED PROPERTY WHICHEVER OCCURS FIRST. THE SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF THE FEES SHALL BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR SALE. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19 LOCAL FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN CONFORMANCE WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED DECEMBER 22, 1987, AND ANY AMENDMENTS THERETO. THE BUILDING PERMITS WHEN ISSUED WILL BE SUBJECT TO ANY FEES, OTHER CONDITIONS OR REQUIREMENTS IMPOSED AS A PART OF THAT PLAN. 65. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12411 DRAINAGE LOTS 92, 93, 96, 97, 98, 99, 100, AND 200 66. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12411 SEWER LOT 100 67. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. : 12411 STREET AFFECTED : LOTS 92, 93, 95, 96, 98, 227 AND 228 EXCEPT THOSE PORTIONS SHOWN AS "ACCESS OPENINGS", ADJACENT & CONTIGUOUS TO ALGA ROAD 68. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION 1177466 PAGE 16 ^ TICOR TITLE INSURANCE SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. : 12411 STREET AFFECTED : LOTS 96 AND 97 ADJACENT AND CONTIGUOUS TO BATIQUITOS DRIVE 69. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12411 OPEN SPACE LOTS 95, 99, AND 145 100, 155, 200, 227, 228, 229, 142, 143, 144 70. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12411 SIGHT CORRIDOR LOTS 92 AND 227 71. AN OFFER OF DEDICATION TO PUBLIC USE OF A PORTION OF SAID LAND. SAID OFFER WAS REJECTED ON SAID MAP, BUT IS SUBJECT TO FUTURE ACCEPTANCE UNDER THE PROVISIONS OF SECTION NUMBER 66477.2 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. DESIGNATED ON MAP NO.: 12411 AS : PORTION OF LOT 97 DEDICATED HEREON TO THE PUBLIC FOR STREET PURPOSES AFFECTS : LOT 97 AS SHOWN IN SAID MAP 72. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12411 GENERAL LOT 97 UTILITY AND ACCESS EASEMENT 73. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12411 45' SEWER LOTS 100, AND 106 DRAINAGE AND 107 EASEMENT 74. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12411 CLEAR SPACE LOT 126 AND SIGHT DISTANCE THE PURPOSES DEDICATED ON 75. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR MAP : 12411 FOR : DRAINAGE, GENERAL UTILITY AND ACCESS EASEMENT FOR SEWER PUMP STATION AND DETENTION BASIN PURPOSES AFFECTS : LOTS 123 THROUGH 127 INCLUSIVE 76. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12411 1177466 PAGE 17 ^ TICOR TITLE INSURANCE- FOR PRIVATE OPEN SPACE LOT AFFECTS : LOTS 94 AND 176 77. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP OF THE SUBDIVISION SHOWN BELOW MAP NO. : 12411 PROVISIONS : BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE PUD PLANS FOR PLANNING AREAS 4, 8 AND 14 ARE APPROVED BY THE CITY PLANNING COMMISSION. THIS EFFECTS LOTS 128 THROUGH 226 INCLUSIVE. 78. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP OF THE SUBDIVISION SHOWN BELOW MAP NO. : 12412 PROVISIONS : AS FOLLOWS: THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE SALE, LEASE OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS SUBDIVISION A WRITTEN AGREEMENT PURSUANT TO CARLSBAD MUNICIPAL CODE SECTION 21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED. THE OWNER ACCEPTS RESPONSIBILITY FOR DRAINAGE OVERLAND AND ACKNOWLEDGES MAINTENANCE RESPONSIBILITY (IN PERPETUITY). THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY. PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE PARK-IN-LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF CARLSBAD PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR PRIOR TO SALE OF THE SUBDIVIDED PROPERTY WHICHEVER OCCURS FIRST. THE SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF THE FEES SHALL BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR SALE. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19 LOCAL FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN CONFORMANCE WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED ON DECEMBER 22, 1987, AND ANY AMENDMENTS THERETO. THE BUILDING PERMITS WHEN ISSUED WILL BE SUBJECT TO ANY FEES, OTHER CONDITIONS OR REQUIREMENTS IMPOSED AS A PART OF THAT PLAN. 79. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12412 4' GENERAL UTILITY LOTS 233 THROUGH 302 INCLUSIVE 80. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12412 1177466 PAGE 18 TICOR TITLE INSURANCE FOR : GENERAL UTILITY AND ACCESS AFFECTS : LOT 303 81. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. 12412 STREET AFFECTED : ALGA ROAD ADJACENT AND CONTIGUOUS TO LOT 230 82. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. : 12412 STREET AFFECTED : BATIQUITOS DRIVE ADJACENT AND CONTIGUOUS TO LOT 229 83. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 12412 FOR : OPEN SPACE AFFECTS : LOTS 231 AND 232 84. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12412 PRIVATE STREET LOT 303 85. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12412 DRAINAGE AND ACCESS LOTS 229 AND 232 86. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP OF THE SUBDIVISION SHOWN BELOW MAP NO. : 12413 PROVISIONS : AS FOLLOWS: BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE PUD PLANS FOR PLANNING AREAS 4, 8 AND 14 ARE APPROVED BY THE CITY PLANNING COMMISSION. THIS EFFECTS LOTS 310 THROUGH 361 INCLUSIVE. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE SALE, LEASE OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS SUBDIVISION A WRITTEN AGREEMENT PURSUANT TO CARLSBAD MUNICIPAL CODE SECTION 21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED. THE OWNER ACCEPTS RESPONSIBILITY FOR OVERLAND DRAINAGE AND ACKNOWLEDGES MAINTENANCE RESPONSIBILITY (IN PERPETUITY). THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND WILL 1177466 PAGE 19 ^ TICOR TITLE INSURANCE- CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY. PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE PARK-IN-LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF CARLSBAD PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR PRIOR TO SALE OF THE SUBDIVIDED PROPERTY WHICHEVER OCCURS FIRST. THE SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF THE FEES SHALL BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR SALE. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19 LOCAL FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN CONFORMANCE WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED DECEMBER 22, 1987, AND ANY AMENDMENTS THERETO. THE BUILDING PERMITS WHEN ISSUED WILL BE SUBJECT TO ANY FEES, OTHER CONDITIONS OR REQUIREMENTS IMPOSED AS A PART OF THAT PLAN. 87. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12413 DRAINAGE AND ACCESS LOT 304 88. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12413 SEWER LOTS 304, 305, 308 AND 309 89. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12413 WATER LOT 307 90. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12413 GENERAL UTILITIES AND ACCESS LOTS 305, 306 AND 308 91. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. : 12413 STREET AFFECTED : ALGA ROAD ADJACENT AND CONTIGUOUS TO LOT 304 92. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. : 12413 STREET AFFECTED : BATIQUITOS DRIVE ADJACENT AND CONTIGUOUS TO LOTS 1177466 PAGE 20 ^ TICOR TITLE INSURANCE 310 361 353, 354, 355, 356, 357, 358, 359, 360 AND 93. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. 12413 STREET AFFECTED : AVIARA DRIVE (PRIVATE) ADJACENT AND CONTIGUOUS TO LOTS 324 AND 325 94. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. : 12413 STREET AFFECTED : AVIARA DRIVE ADJACENT AND CONTIGUOUS TO LOTS 325, 326, 350, 351, 352 AND 353 95. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12413 OPEN SPACE LOTS 306 AND 307 96. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12413 SIGHT CORRIDOR LOTS 304 AND 310 97. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12413 PRIVATE OPEN SPACE LOT LOT 316 98. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12413 CLEAR SPACE AND SIGHT DISTANCE LOTS 330, 334, 335, 341, 343 AND 361 99. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP FOR AFFECTS 12413 DRAINAGE LOTS 305 AND 308 100. COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION OF RESTRICTIONS EXECUTED BY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP RECORDED : JULY 5, 1989, RECORDER'S FILE NO. 89-354659 RESTRICTIONS, IF ANY, BASED ORIGIN ARE DELETED. ON RACE, COLOR, RELIGION OR NATIONAL 1177466 PAGE 21 ^ TICOR TITLE INSURANCE IT ALSO PROVIDES THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. THE RIGHT TO LEVY CERTAIN CHARGES OR WHICH SHALL BECOME A LIEN IF NOT PAID, UPON : AVIARA MASTER ASSOCIATION, A BENEFIT CORPORATION ASSESSMENTS AGAINST SAID LAND AS THEREIN SET FORTH, CONFERRED CALIFORNIA NON-PROFIT MUTUTAL THE ABOVE MENTIONED COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT THE ASSESSMENT LIENS PROVIDED FOR THEREIN SHALL BE SUBORDINATE TO THE LIEN OF ANY FIRST MORTGAGE UPON ANY LOT. 101. COVENANTS, EXECUTED BY : RECORDED : CONDITIONS AND RESTRICTIONS IN THE DEED AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP JULY 25, 1989, RECORDER'S FILE NO. 89-390102 RESTRICTIONS, IF ANY, ORIGIN ARE DELETED. BASED ON RACE, COLOR, RELIGION OR NATIONAL SAID MATTER AFFECTS: PARCEL G 102. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED BY AND BETWEEN REGARDING RECORDED JUNE 30, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, AND RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP OPTION TO REPURCHASE JULY 25, 1989, RECORDER'S FILE NO. 89-390103 SAID MATTER AFFECTS PARCEL G SAID AGREEMENT HAS BEEN SUBORDINATED TO PARAGRAPH, BY THE PROVISIONS RECORDED SUBORDINATED TO RECORDED REFERRED TO IN THIS THE SUBJECT MATTER OF AN INSTRUMENT JULY 25, 1989, RECORDER'S FILE NO. 89-390108 OPTION AGREEMENT AND CONDITIONS TO GRANT JULY 25, 1989, RECORDER'S FILE NO. 89-390103 103. A DEED OF OF THE OBLIGAT OTHER OBLIGATI DEED OF TRUST DATED TRUSTOR TRUSTEE BENEFICIARY RECORDED TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL IONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY ONS THEREIN CONTAINED. : JUNE 30, 1989 RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP JULY 25, 1989, RECORDER'S FILE NO. 89-390104 SAID MATTER PARCEL G AFFECTS: 1177466 PAGE 22 TICOR TITO E INSURANCE SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED JUNE 29, 1989 RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, AND CITICORP REAL ESTATE, INC., DELAWARE CORPORATION JULY 25, 1989, RECORDER'S FILE NO. 89-390107 MARKETING AGREEMENT AND DEED OF TRUST JULY 25, 1989, RECORDER'S FILE NO. 89-390104 104. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED : AMOUNT : TRUSTOR : TRUSTEE BENEFICIARY RECORDED JUNE 29, 1989 $27, 100,000.00 RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION CITICORP REAL ESTATE, INC., A DELAWARE CORPORATION JULY 25, 1989, RECORDER'S FILE NO. 89-390105 SAID MATTER AFFECTS PARCEL G AN ASSIGNMENT OF SALES CONTRACTS AND DEPOSITS, AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY THE DEED OF TRUST INSURED HEREIN, WHICH ASSIGNMENT WAS EXECUTED BY TO RECORDED 105. COVENANTS EXECUTED BY : RECORDED : RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP CITICORP REAL ESTATE, INC., A DELAWARE CORPORATION JULY 25, 1989, RECORDER'S FILE NO. 89-390106 CONDITIONS AND RESTRICTIONS IN THE DEED AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP JULY 25, 1989, RECORDER'S FILE NO. 89-390111 RESTRICTIONS, IF ANY ORIGIN ARE DELETED. BASED ON RACE, COLOR, RELIGION OR NATIONAL 106. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED BY AND BETWEEN REGARDING RECORDED JUNE 30, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP OPTION TO REPURCHASE JULY 25, 1989, RECORDER'S FILE NO. 89-390112 SAID MATTER PARCEL H AFFECTS 107. A DEED OF STATED HEREIN DATED : TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT JUNE 30, 1989 1177466 PAGE 23 ^ TICOR TITLE INSURANCE AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED $2,250,000.00 RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP JULY 25, 1989, RECORDER'S FILE NO. 89-390113 SAID MATTER AFFECTS: PARCEL H THE BENEFICIAL TO BY ASSIGNMENT RECORDED INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION DATED: JULY 24, 1989 : JULY 25, 1989, RECORDER'S FILE NO. 89-390115 108. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY OTHER OBLIGATIONS THEREIN CONTAINED. DEED OF TRUSTOR TRUSTEE TRUST DATED BENEFICIARY RECORDED SAID MATTER PARCEL H JUNE 30, 1989 RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP JULY 25, 1989, RECORDER'S FILE NO. 89-390114 AFFECTS: STATED HEREIN, IN FAVOR OF : FOR : 109. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP (A) TO CONSTRUCT, INSTALL, MAINTAIN AND REPAIR IN THE DEDICATED PROPERTY TRAILS, PICNIC BENCHES, SLOPES, WALLS, FENCES, EROSION CONTROL DEVICES AND SUCH OTHER FACILITIES AS ARE CONSISTENT WITH THE USE OF THE DEDICATED PROPERTY AS OPEN SPACE LAND. (B) TO INSTALL LANDSCAPING AND DRAINAGE AND IRRIGATION FACILITIES IN THE DEDICATED PROPERTY AND ENTER UPON THE DEDICATED PROPERTY FOR THE PURPOSE OF MAINTAINING, RESTORING AND REPLACING SUCH LANDSCAPING AND DRAINAGE AND IRRIGATION FACILITIES. (C) TO ENTER UPON THE DEDICATED PROPERTY TO TRIM AND MAINTAIN TREES. (D) TO ENTER UPON THE DEDICATED PROPERTY TO THIN AND REMOVE VEGETATION AND UNDERBRUSH. 1177466 (E) TO DEDICATE EASEMENTS OVER THE DEDICATED PROPERTY PAGE 24 ^ TICOR TITLE INSURANCE FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF PUBLIC UTILITIES. (F) TO ENTER UPON THE DEDICATED PROPERTY FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF PUBLIC UTILITIES RECORDED : JULY 28, 1989, RECORDER'S FILE NO. 89-399349 AFFECTS : PARCEL C AS SET FORTH IN SAID DOCUMENT 110. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DEED EXECUTED BY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP RECORDED : JULY 28, 1989, RECORDER'S FILE NO. 89-399349 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. SAID MATTER AFFECTS: PARCEL C 111. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : JUNE 30, 1989 BY AND BETWEEN : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP REGARDING : OPTION TO REPURCHASE RECORDED : JULY 28, 1989, RECORDER'S FILE NO. 89-399350 SAID MATTER AFFECTS: PARCEL C 112. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED : JUNE 30, 1989 AMOUNT : $8,160,000.00 TRUSTOR : DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP TRUSTEE : TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP RECORDED : JULY 28, 1989, RECORDER'S FILE NO. 89-399351 SAID MATTER AFFECTS: PARCEL C THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION BY ASSIGNMENT DATED: JULY 1989 RECORDED : JULY 28, 1989, RECORDER'S FILE NO. 89-399353 113. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY OTHER OBLIGATIONS THEREIN CONTAINED. DEED OF TRUST DATED : JUNE 30, 1989 TRUSTOR : DAVIDSON COSCAN PARTNERS, A CALIFORNIA 1177466 PAGE 25 ^ TICOR TITLE INSURANCE TRUSTEE BENEr xCIARY RECORDED GENERAL PARTNERSHIP TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP JULY 28. 1989. RECORDER'S FILE NO. 89-399352 SAID MATTER AFFECTS: PARCEL C 114. COVENANTS. EXECUTED BY : RECORDED : CONDITIONS AND RESTRICTIONS IN THE DEED AVIARA LAND ASSOCIATES LIMITED PART^"^RSHIP, A DELAWARE LIMITED PARTNERSHIP JULY 28, 1989, RECORDER'S FILE NO. 89-399356 RESTRICTIONS, IF ANY ORIGIN ARE DELETED. BASED ON RACE, COLOR, RELIGION OR NATIONAL SAID MATTER AFFECTS: PARCEL K STATED HEREIN, IN FAVOR OF : FOR : 115. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP (A) TO CONSTRUCT, INSTALL, MAINTAIN AND REPAIR IN THE DEDICATED PROPERTY TRAILS, PICNIC BENCHES, SLOPES, WALLS, FENCES, EROSION CONTROL DEVICES AND SUCH OTHER FACILITIES AS ARE CONSISTENT WITH THE USE OF THE DEDICATED PROPERTY AS OPEN SPACE LAND. (B) TO INSTALL LANDSCAPING AND DRAINAGE AND IRRIGATION FACILITIES IN THE DEDICATED PROPERTY AND ENTER UPON THE DEDICATED PROPERTY FOR THE PURPOSE OF MAINTAINING, RESTORING AND REPLACING SUCH LANDSCAPING AND DRAINAGE AND IRRIGATION FACILITIES. RECORDED AFFECTS (C) TO ENTER UPON MAINTAIN TREES. THE DEDICATED PROPERTY TO TRIM AND (D) TO ENTER UPON THE DEDICATED PROPERTY TO THIN AND REMOVE VEGETATION AND UNDERBRUSH. (E) TO DEDICATE EASEMENTS OVER THE DEDICATED PROPERTY FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF PUBLIC UTILITIES. (F) TO ENTER UPON THE DEDICATED PROPERTY FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF PUBLIC UTILITIES JULY 28, 1989, RECORDER'S FILE NO. 89-399356 PARCEL K AS SET FORTH THEREIN 116. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : JUNE 30, 1989 BY AND BETWEEN : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A 1177466 PAGE 26 ^ TICOR TITLE INSURANCE REGARDING RECORDED DELAWARE LIMITED PARTNERSHIP AND DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP OPTION TO REPURCHASE JULY 28, 1989, RECORDER'S FILE NO. 89-399357 SAID MATTER AFFECTS: PARCEL K ORIGINAL INDEBTEDNESS OF THE AMOUNT 117. A DEED OF TRUST TO SECURE AN STATED HEREIN JUNE 30, 1989 $6,311,250.00 DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP JULY 28, 1989, RECORDER'S FILE NO. 89-399358 DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED SAID MATTER AFFECTS: PARCEL K THE BENEFICIAL TO BY ASSIGNMENT RECORDED INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION DATED: JULY 1989 : JULY 28, 1989. RECORDER'S FILE NO. 89-399360 118. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY OTHER OBLIGATIONS THEREIN CONTAINED. DEED OF TRUSTOR TRUSTEE BENEFICIARY RECORDED SAID MATTER PARCEL K TRUST DATED JUNE 30, 1989 DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP JULY 28, 1989, RECORDER'S FILE NO. 89-399359 AFFECTS 119. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES CARLSBAD MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY ORGANIZED IN THE STATE OF CALIFORNIA, ITS SUCCESSORS AND ASSIGNS THE CONSTRUCTION, OPERATION, REPAIR, RECONSTRUCTION AND ALL ACTIVITIES NECESSARY TO CONSTRUCT, RECONSTRUCT, OPERATE, MAINTAIN AND REPAIR FACILITIES DESIGNED FOR THE GENERAL PURPOSE OF COLLECTING, STORING, TRANSPORTING, PUMPING AND TREATING ALL WATER, INCLUDING SURFACE WATER, STREAM WATER, FLOOD WATER AND GROUND WATER FLOWING INTO SAID FACILITIES, AND ALL STATED HEREIN IN FAVOR OF FOR 1177466 PAGE 27 TICOR TITLE INSURANCE RECORDED AFFECTS NATURAL AND ARTIFICIAL DRAINAGE DITCHES AND STRUCTURES OF ANY KIND, WHETHER ABOVE OR BELOW THE SURFACE OF THE GROUND. AUGUST 7, 1989, RECORDER'S FILE NO. 89-419898 PARCEL A AS SET FORTH THEREIN 120. COVENANTS, EXECUTED BY : RECORDED : CONDITIONS AND RESTRICTIONS IN THE DEED AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AUGUST 17, 1989, RECORDER'S FILE NO. 89-440103 RESTRICTIONS, IF ANY ORIGIN ARE DELETED. BASED ON RACE, COLOR, RELIGION OR NATIONAL SAID MATTER PARCEL E AFFECTS: 121. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES AND INCIDENTAL PURPOSES AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP (A) TO CONSTRUCT, INSTALL, MAINTAIN AND REPAIR IN THE DEDICATED PROPERTY TRAILS, PICNIC BENCHES, SLOPES, WALLS, FENCES, EROSION CONTROL DEVICES AND SUCH OTHER FACILITIES AS ARE CONSISTENT WITH THE USE OF THE DEDICATED PROPERTY AS OPEN SPACE LAND. STATED HEREIN IN FAVOR OF FOR (B) TO INSTALL LANDSCAPING AND DRAINAGE AND IRRIGATION FACILITIES IN THE DEDICATED PROPERTY AND ENTER UPON THE DEDICATED PROPERTY FOR THE PURPOSE OF MAINTAINING, RESTORING AND REPLACING SUCH LANDSCAPING AND DRAINAGE AND IRRIGATION FACILITIES. (C) TO ENTER UPON MAINTAIN TREES. THE DEDICATED PROPERTY TO TRIM AND (D) TO ENTER UPON THE DEDICATED PROPERTY TO THIN AND REMOVE VEGETATION AND UNDERBRUSH. (E) TO DEDICATE EASEMENTS OVER THE DEDICATED PROPERTY FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF PUBLIC UTILITIES. RECORDED AFFECTS (F) TO ENTER UPON THE DEDICATED PROPERTY FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF PUBLIC UTILITIES AUGUST 17, 1989, RECORDER'S FILE NO. 89-440103 PARCEL E AS SET FORTH THEREIN 122. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED BY AND BETWEEN REGARDING RECORDED AUGUST 10, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND LYON COMMUNITIES INC., A CALIFORNIA CORPORATION OPTION TO REPURCHASE AUGUST 17, 1989, RECORDER'S FILE NO. 89-440104 1177466 PAGE 28 —^ TICOR TITLE INSURANCE SAID MATTER PARCEL E AFFECTS: 123. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY OTHER OBLIGATIONS THEREIN CONTAINED. DEED OF TRUSTOR TRUSTEE TRUST DATED BENEFICIARY RECORDED AUGUST 10, 1989 LYON COMMUNITIES INC., A CALIFORNIA CORPORATION TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AUGUST 17, 1989, RECORDER'S FILE NO. 89-440105 SAID MATTER PARCEL E AFFECTS: 124. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED SAID MATTER PARCEL E AUGUST 10, 1989 $8,700,000.00 LYON COMMUNITIES INC., A CALIFORNIA CORPORATION TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AUGUST 17, 1989, RECORDER'S FILE NO. 89-440106 AFFECTS: THE BENEFICIAL TO BY ASSIGNMENT RECORDED INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION DATED: AUGUST 10, 1989 : AUGUST 17, 1989, RECORDER'S FILE NO. 89-440107 NOTES A. CODE AREA PARCEL NO. 09133 214-170 -51, 215-040 -02-01, 215-040-02 -02 215-040 -15, 215-040 -16, 215-050 -14 215-051 -10, 215-070 -05-01, 215-070-05 -02 215-080 -02, 216-111 -01, 216-111 -03 216-111 -04, 216-150 -06, 216-150 -07 1177466 PAGE 29 ^ TICOR TITLE INSURANCE THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THOSE PORTIONS OF SECTIONS 22, 26, 27, 28, 33, AND 34 ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: STATE OF CALIFORNIA IN THE ACCORDING BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 34 AS SHOWN ON RECORD OF SURVEY MAP NO. 10774 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 30, 1986 AS FILE NO. 86-494180; THENCE ALONG THE EASTERLY LINE OF SAID SECTION, SOUTH 00°32'0r' WEST 426.75 FEET; THENCE LEAVING SAID EASTERLY LINE, THE FOLLOWING COURSES NORTH SOUTH SOUTH SOUTH NORTH NORTH NORTH SOUTH SOUTH SOUTH NORTH SOUTH SOUTH NORTH NORTH NORTH SOUTH SOUTH SOUTH SOUTH NORTH NORTH NORTH SOUTH TO THE THENCE NORTH NORTH SOUTH SOUTH NORTH NORTH NORTH NORTH NORTH NORTH NORTH SOUTH SOUTH 83°55'00" 67°22'00" 39°25'00" 49°15'00" 58''00'00" 05°14'00" 74°45'00" 59°00'00" 22°30'00" 61°54'00" 89°00'00" 62°50'00" 54°10'00" 54°10'00" 35''30'00" 20°30'00" 25°30'00" 33°30'00" 77*30'00" 75°58'00" 73°50'00" 74°10'00" 73°16'26" 78''00'00" BOUNDARY ALONG SA WEST WEST EAST WEST WEST EAST WEST WEST WEST WEST WEST WEST WEST WEST WEST WEST WEST WEST WEST WEST WEST WEST WEST WEST LINE 164.81 140.00 163.00 119.00 132.00 201.00 193.00 156.00 88.00 195.00 120 318 148 370 00 00 00 00 141.00 128.00 223.00 146.00 358.00 42.00 99.00 190.00 174.03 447.00 OF SAI FEET FEET FEET FEET FEET FEET FEET FEET FEET; FEET FEET FEET FEET FEET FEET FEET FEET FEET FEET FEET; FEET; FEET FEET FEET SOUTH SOUTH SOUTH NORTH NORTH NORTH NORTH NORTH SOUTH 5r22'00" 60°44'00" 2riroo" 89''45'00" 72°30'00" 5r53'00" 89°42'00" 75°10'00" 8r22'00" WEST WEST WEST WEST WEST WEST WEST WEST WEST 518.00 295.00 214.00 186.00 187.00 63.00 FEET FEET FEET FEET FEET FEET; 82°00'00" oroo'oo" 28°00'00" 79°35'00" 74°30'00" 1 riO'OO" 85°00'00" 10M5'00" 55°30'00" 55'10'00" ID BOUNDARY NORTH SOUTH SOUTH SOUTH NORTH NORTH NORTH SOUTH SOUTH SOUTH NORTH 83°56'00" WEST NORTH 79°50'00" WEST NORTH 68°56'02" WEST NORTH 84*00'00" WEST NORTH 83°00'00" WEST D RECORD OF SURVEY MAP; LINE. THE FOLLOWING COURSES WEST EAST EAST WEST WEST EAST WEST EAST WEST WEST 218.00 FEET 113.00 FEET 57.00 FEET; 114.00 FEET 36.00 FEET; 35.00 FEET; 155.00 FEET 86.00 FEET; 110.00 FEET 71 .00 FEET; 53.00 FEET; 52.00 FEET; 167.00 FEET 117.00 FEET; 147.00 FEET; 346.00 FEET: 124.00 FEET 123.73 FEET 32°17 00°43 89°08 83°50 46'13 UMI 44° 11 17°22 03''51 00''34 01°49 01°36 87°30 '46" WEST 561.66 FEET '21" WEST 788.21 FEET '32" EAST 1358.19 FEE '41" EAST 182.99 FEET '35" EAST 66.99 FEET; ' 15" WEST 271.95 FEET '08" WEST 189.02 FEET '08" WEST 96.53 FEET; '41" EAST 180.95 FEET '18" EAST 2716.14 FEE '19" WEST 331.07 FEET '47" EAST 330.69 FEET '08" EAST 662.65 FEET ; NORTH 69°15'2r' ; NORTH 00°30'45" T; NORTH 23°18'51 ; NORTH 63°5r06" NORTH 21''20'05" ; NORTH 26°25'20" ; NORTH 36°54'21" NORTH 07°57'57" ; NORTH 35°35'33" T; SOUTH 86*58'38 ; SOUTH 86°57'12" ; SOUTH 00°06'50" ; SOUTH 87°32'14" WEST 228.23 FEET; EAST 1357.73 FEET; " EAST 156.92 FEET; EAST 118.55 FEET; EAST 79.07 FEET; WEST 112.93 FEET; WEST 80.99 FEET; WEST 108.47 FEET; WEST 142.04 FEET; EAST 1318.67 FEET; EAST 660.57 FEET; WEST 1340.75 FEET; EAST 662.56 FEET; 1177466 PAGE 30 % TICOR TITLE INSURANCE NORTH NORTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH NORTH NORTH FEET 00° 12 00°41 00°33 89° 19 89°16 89° 16 44°39 38°15 24°07 48° 19 88°48 88°55 TO THE '09" '54" '25" '14" '26" '42" '44" ' 14" ' 12" '47" ' 10" '25" POI WEST WEST WEST EAST EAST EAST WEST WEST WEST EAST WEST WEST NT OF 1328.52 2434.07 2491.10 1334.44 252.98 299.95 109.07 136.45 174.68 507.55 770.87 1321.10 BEGINNI FEET FEET FEET FEET FEET FEET FEET FEET FEET FEET FEET FEET NG. ; SOUT ; SOUT : SOUT ; SOUT SOUTH SOUTH SOUTH SOUTH SOUTH SOUTH NORTH ; AND H 86°58'17" EAS H 89°28'30" EAS H 00°42'22" EAS H 00°2 00°43 25°48 40°51 08° 46 15°13 24°29'17" 00°22'48" 1 '21' ' 19" ' 10" '44" ' 19" ' 16" EAS WEST EAST WEST WEST EAST EAST WEST T 659.12 FEET; T 1370.33 FEET T 2294.99 FEET T 328.99 FEET; 392.93 FEET 163 501 168 128 825 658 03 68 00 95 89 36 FEET FEET FEET FEET FEET FEET SOUTH 00°42'22" EAST 655.68 EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 - UNIT "A" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12409 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989; ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 - UNIT "B" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12410 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989; ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 UNIT "C", IN THE CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989; ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I - UNIT "D", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12412, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989; ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35 PHASE 1 - UNIT "E" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989; ALSO EXCEPTING THEREFROM THAT RANGE 4 WEST, SAN BERNARDINO COUNTY OF SAN DIEGO, STATE OF THEREOF AS SHOWN ON RECORD OF PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, MERIDIAN, IN THE CITY OF CARLSBAD, CALIFORNIA, ACCORDING TO OFFICIAL PLAT SURVEY NO. 10774, RECORDED OCTOBER 30, 1986 AS FILE DESCRIBED AS FOLLOWS: NO. 86-494180, BEING MORE PARTICULARLY COMMENCING AT THE SOUTHEAST CORNER THE EASTERLY LINE OF SAID SECTION FEET TO THE TRUE POINT OF BEGINNING LINE, SOUTH 89°46'56" WEST, 678.27 124.45 FEET; THENCE SOUTH 89°18'06" 19°52'40" EAST, 92.87 FEET; THENCE THENCE NORTH 13°28'04" EAST, 60.92 320.06 FEET; THENCE NORTH 12°18'08" 50°59'09" EAST, 201.72 FEET; THENCE TO A POINT ON THE NORTHERLY LINE OF THENCE SOUTH 89°28'30" EAST, 322.59 OF SAID SECTI 22, NORTH 00° THENCE LEAV FEET; WEST, NORTH FEET; WEST, NORTH THENCE 566.00 45°10'2 THENCE 92.73 14°03' SAID RECORD FEET; THENCE ON 22; THENCE ALONG 33'25" EAST, 1634.46 ING SAID EASTERLY SOUTH 44°18'06" WEST, FEET; THENCE NORTH 1" WEST, 54.44 FEET; NORTH 00°22'40" WEST, FEET; THENCE NORTH 08" WEST, 251.61 FEET OF SURVEY NO. 10774; LEAVING SAID 1177466 PAGE 31 [—^ TICOR TITft INSURANCE NORTHERLY LINE SOUTH 00°43'00" EAST, 121.77 FEET; THENCE SOUTH 49°41'33" WEST, 50.16 FEET; THENCE SOUTH 10°13'08" WEST, 45.76 FEET; THENCE SOUTH 34°30'47" EAST, 34.62 FEET; THENCE SOUTH 62°22'17" EAST, 25.68 FEET; THENCE SOUTH 19°35'24" WEST, 109.22 FEET; THENCE NORTH 75°32'32" EAST, 110.78 FEET; THENCE NORTH 35°50'10" EAST, 100.96 FEET; THENCE SOUTH 82°53'54" EAST, 31.50 FEET; THENCE NORTH 56°0r44" EAST, 225.45 FEET; THENCE NORTH 43°54'35" EAST, 93.91 FEET; THENCE NORTH 73°18'15" EAST, 133.63 FEET TO A POINT ON THE NORTHERLY LINE OF SAID RECORD OF SURVEY NO. 10774. THENCE ALONG SAID NORTHERLY LINE. SOUTH 89°28'30" EAST. 135.92 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 52°45'54" EAST. 325.96 FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION 22; THENCE ALONG SAID EASTERLY LINE, SOUTH 00°33'25" WEST, 661.79 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THOSE PORTIONS OF THE SOUTH ONE HALF OF THE SOUTH ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26. TOGETHER WITH A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27. ALL IN TOWNSHIP 12 SOUTH. RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH ONE HALF OF THE SOUTH ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE ALONG THE EASTERLY LINE THEREOF, SOUTH 00°2r21" EAST 293.56 FEET TO A POINT ON A NON-TANGENT 1151.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 04°10'50" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39°32'20" A DISTANCE OF 794.28 FEET TO THE BEGINNING OF A REVERSE 20.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE BEARS SOUTH 43°43'10" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87°33'10" A DISTANCE OF 30.56 FEET; THENCE TANGENT TO SAID CURVE, NORTH 46°10'00" WEST 95.89 FEET TO THE BEGINNING OF A TANGENT 430.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°46'00" A DISTANCE OF 73.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 55°56'00" WEST 416.30 FEET TO THE BEGINNING OF A TANGENT 320.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55°13'38" A DISTANCE OF 308.45 FEET; THENCE TANGENT TO SAID CURVE, NORTH 00°42'22" WEST 18.83 FEET TO THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE TO AND ALONG SAID NORTHERLY LINE, SOUTH 89°19'14" EAST 1349.44 FEET TO THE POINT OF BEGINNING. PARCEL B: LOTS 1 THROUGH 11 INCLUSIVE OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 - UNIT A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12409, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989. PARCEL C: LOTS 12 THROUGH 83 INCLUSIVE, OF CITY OF CARLSBAD TRACT 85-35, AVIARA 1177466 PAGE 32 ^ TICOR TITLE INSURANCE PHASE 1 - UNIT A, IN THE CITY OF CARLSBAD, OF CALIFORNIA, ACCORDING TO MAP THEREOF NO OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, COUNTY OF SAN DIEGO, STATE 12409, FILED IN THE OFFICE JUNE 29. 1989. EXCEPTING THEREFROM ALL OIL. OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY. PARCEL D: LOTS 87 THROUGH 91 INCLUSIVE, OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 - UNIT B, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12410, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. PARCEL E: LOTS 92 AND 93 OF THE CITY OF CARLSBAD TRACT 85-35 AVIARA PHASE I UNIT C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29. 1989. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY. PARCEL F: 1177466 PAGE 33 TICOR TITLE INSURANCE LOTS 94 THROUGH 100 INCLUSIVE, LOTS 115, 116, 123 THROUGH 127 INCLUSIVE, LOTS 227, 228 AND 229 OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I UNIT C. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. JUNE 29. 1989. PARCEL G: LOTS 128 THROUGH 226 INCLUSIVE. OF CITY OF CARLSBAD TRACT 85-35. AVIARA PHASE I-UNIT C. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY, AS RESERVED BY DOCUMENT RECORDED JULY 25, 1989, RECORDER'S FILE NO. 89-390102. PARCEL H: LOTS 101 THROUGH 114 INCLUSIVE AND LOTS 117 THROUGH 122 INCLUSIVE, OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I UNIT C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY. 1177466 PAGE 34 ^ TICOR TITLE INSURANCE PARCEL I: LOTS 229 THROUGH 303 INCLUSIVE OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I - UNIT "D", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 12412. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. JUNE 29. 1989. PARCEL J: LOTS 304 THRUOGH 309 INCLUSIVE. OF CITY OF CARLSBAD TRACT 85-35. AVIARA PHASE I UNIT "E", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. PARCEL K: LOTS 310 THROUGH 361, INCLUSIVE, OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 UNIT "E", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY. PARCEL L: THAT PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF AS SHOWN ON RECORD OF SURVEY NO. 10774. RECORDED OCTOBER 30, 1986 AS FILE NO. 86-494180, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE ALONG THE EASTERLY LINE OF SAID SECTION 22, NORTH 00°33'25" EAST, 1634.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE, SOUTH 89°46'56" WEST, 678.27 FEET; 124.45 FEET; THENCE SOUTH 89°18'06" WEST 19°52'40" EAST, 92.87 FEET; THENCE NORTH THENCE SOUTH 44°18'06" WEST , 566.00 FEET; THENCE NORTH 45°10'2r' WEST, 54.44 FEET; 1177466 PAGE 35 ^ TICOR TITTE INSURANCE THENCE NORTH 13°28'04" EAST, 60.92 FEET; THENCE NORTH 00°22'40" WEST, 320.06 FEET; THENCE NORTH 12°18'08" WEST, 92.73 FEET; THENCE NORTH 50°59'09" EAST, 201.72 FEET; THENCE NORTH 14°03'08" WEST, 251.61 FEET TO A POINT ON THE NORTHERLY LINE OF SAID RECORD OF SURVEY NO. 10774; THENCE SOUTH 89°28'30" EAST, 322.59 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 00°43'00" EAST, 121.77 FEET; THENCE SOUTH 49°41'33" WEST, 50.16 FEET; THENCE SOUTH 10°13'08" WEST, 45.76 FEET; THENCE SOUTH 34°30'47" EAST, 34.62 FEET; THENCE SOUTH 62°22'17" EAST, 25.68 FEET; THENCE SOUTH 19°35'24" WEST, 109.22 FEET; THENCE NORTH 75°32'32" EAST, 110.78 FEET; THENCE NORTH 35°50'10" EAST, 100.96 FEET; THENCE SOUTH 82°53'54" EAST, 31.50 FEET; THENCE NORTH 56°0r44" EAST, 225.45 FEET; THENCE NORTH 43°54'35" EAST, 93.91 FEET; THENCE NORTH 73°18'15" EAST, 133.63 FEET TO A POINT ON THE NORTHERLY LINE OF SAID RECORD OF SURVEY NO. 10774, THENCE ALONG SAID NORTHERLY LINE, SOUTH 89°28'30" EAST, 135.92 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 52°45'54" EAST, 325.96 FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION 22; THENCE ALONG SAID EASTERLY LINE, SOUTH 00°33'25" WEST, 661.79 FEET TO THE TRUE POINT OF BEGINNING. PARCEL M: THOSE PORTIONS OF THE SOUTH ONE HALF OF THE SOUTH ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOGETHER WITH A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH ONE HALF OF THE SOUTH ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE ALONG THE EASTERLY LINE THEREOF, SOUTH 00°21'21" EAST 293.56 FEET TO A POINT ON A NON-TANGENT 1151.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 04°10'50" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39°32'20" A DISTANCE OF 794.28 FEET TO THE BEGINNING OF A REVERSE 20.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE BEARS SOUTH 43°43'10" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87°33'10" A DISTANCE OF 30.56 FEET; THENCE TANGENT TO SAID CURVE, NORTH 46°10'00" WEST 95.89 FEET TO THE BEGINNING OF A TANGENT 430.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°46'00" A DISTANCE OF 73.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 55°56'00" WEST 416.30 FEET TO THE BEGINNING OF A TANGENT 320.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55°13'38" A DISTANCE OF 308.45 FEET; THENCE TANGENT TO SAID CURVE, NORTH 00°42'22" WEST 18.83 FEET TO THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE TO AND ALONG SAID NORTHERLY LINE, SOUTH 89°19'14" EAST 1349.44 FEET TO THE POINT OF BEGINNING. 1177466 PAGE 36 W TICOR Tllft INSURANCE EXHIBIT A Printed Policy Exceptions and Exclusions ALTA RESIDENTIAL POLICY (6-1-87) The Exclusions and the Exceptions of the ALTA Residential Policy form recite that you are not insured against loss, costs, anorneys' fees, and expenses resulting from: Exclusions 1 Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning * land use * improvements on the land * land division * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear In the public records at Policy Oate. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2 The right to take the land by condemning it, unless: * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3 Title Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date-unless they appeared in the public records * that result in no loss to you " that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4 Failure to pay value for your title. 5 Lack of a right: ' to any land outside the area specifically described and referred to in Item 3 of Schedule A or ' In streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Standard Exceptions (a) Any rights, interests or claims of parties in possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of the Covered Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. (d) Any water rights, claims or titie to water on or under the land. ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE The Exclusions from Coverage of the ALTA Loan Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1 (a) Any law. ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i)the occupancy, use, or enjoyment of the land; (ii)the character, dimensions or location of any improvement now or hereafter erected on the land; (1*0 a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3 Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material, or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5 Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6 Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 1177466 PAGE 37 (continued on next page) ft TICOR TITCE INSURANCE- CLTA STANDARD COVERAGE POLICY-1988 Tlio Exclusions from Coverage of the CLTA Standard Coverage Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys lees or expenses which.arise by reason of; 1. (a) Any law. ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use. or enjoyment of the land: (ii) the character, dimensions or location of any improvement now or hereafter erected on the land: (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a nofice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Schedule B of the CLTA Standard Coverage Policy form recites that this not pay costs, attorneys' fees or expenses) which arise by reason of: Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. policy does not insure against loss or damage (and the Company will 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a),(b) or (c) are shown by the public records. 6. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 7. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. ALTA OWNER'S POLICY (10-21-87) The Exclusions from Coverage of the ALTA Owner's Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Oate of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009 1 177466 PAGE 38 City of Carlsbad Planning Department February 15, 1990 Aviara Associates 2011 Palomar Airport Road, Suite 206 Carlsbad, CA 92009 This is to inform you that ttie Items previously requested to make your Hillside Development Permit, application no. HDP 90-2, complete have been received and reviewed by the Planning Department. It has been determined that the application Is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date Is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review andior environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or othenA/ise supplement the information required for this application. The Planning Department will begin processing your application, as of the date of this communication. Please contact Chris DeCerbo, at (619) 438-1161, extension 4445, if you have questions or wish additional information. Sincerely, hAICHAEL J. HOLZMILLER Planning Director MJH:CDDlaf cc: Gary Wayne Erin Letsch Bob Wojcik CrystallAngelina 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 City of Carlsbad Planning Department January 30, 1990 AVIARA LAND ASSOCIATES 2011 Palomar Airport Road, Suite 206 Carlsbad, CA 92008 SUBJECT: AVL\RA PHASE II Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Hillside Development Permit, application no. HDP 90-02, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. All list items must be submitted simultaneously at the Community Development Building counter, and to the attention of Erin Letsch. A copy of this list must bc included with your submittals. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, , to either re-submit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Chris DeCerbo, at (619) 438-1161 ext. 4445, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:CD:kd cc: Gary Wayne Erin Letsch Bob Wojcik Angelina/Crystal Data Entry 2075 Las Palnnas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 UST OF ITEMS NEEDED TO COMPLETE APPLICATION: No. HDP 90-2 PLANNING: 1. 400 scale is unreadable. Provide at 200 scale or other scale which is readable. 2. Show proposed grading on map. 3. Provide cross sections where major grading is proposed. ISSUES OF CONCERN PLANNING: 1. Proposed grading is not consistent with hillside provisions (i.e. (1) manufactured slopes exceed 30 feet in height; (2) encroachment into 40% slopes). WI#rE IT - DON T SAY n# To ^^^^ - • Reply Wanted From Q, S ONo Reply Necessary AIGNER FORN^ NO. 55-032 PRINTED IN U«A AVIARA February 1, 1990 Mr. Chris DeCerbo City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92008 RE: Hillside Development Permit HDP 90-02; Aviara Phase II Dear Chris: I just received an incomplete application letter from your office regarding our application for a Hillside Permit for Aviara Phase II. The items needed for the application to be determined to be complete are listed as follows: 1. 4(X) scale is unreadable. Provide at 200 scale or other scale which is readable. 2. Show proposed grading on map. 3. Provide cross sections where major grading is proposed. Chris, the Slope Analysis is at 200 scale. It says so clearly on the map. It is easily readable. In addition, the submittal package includes a (Ilonstraints Map, including all slope analysis information, supplied at 100 scale. This map is identical in scale to the tentative map grading plan for ease of light table comparison. Showing the proposed grading directly on a slope analysis map would surely make such a map unreadable. My understanding is that the slope analysis map is intended to delineate percentage of slope of the existing terrain. Showing proposed grading on this map will not help this effort, 100 scale tentative map grading plan overlaid on the existing terrain 100 scale Constraints map should allow easy review of compliance with City hillside policies. Three cross-sections through the major graded areas are shown on the submitted Slope Profiles map. Mr. Chris DeCerbo February 1, 1990 Page 2 Perhaps you have overlooked the above submitted items. Please let me know if I am incorrect in these matters. If not, I assume this will not cause delay in the review of the Phase II plans. Sincerely, Paul J. Klukas Director of Community Plaiming PJK/er cc: Mike Holzmiller Gary Wayne Erin Letsch Bob Wojcik D. L. Clemens hdp90-02.akz 2 -^ 3 -?d City of Carlsbad Planning Department February 22, 1990 Mr. Paul Klukas Aviara Associates 2011 Palomar Airport Road Carlsbad, CA 92009 This is to inform you that the items previously requested to make your Master Plan Amendment, Tentative Map and Hillside Development Permit, application no. MP-177(B)ICT 89-37IHDP 90- 2, complete have been received and reviewed by the Planning Department. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review andior environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise supplement the information required for this application. The Planning Department will begin processing your application, as of the date of this cominunication. Please contact Chris DeCerbo, at (619) 438-1161, extension 4445, if you have questions or wish additional information. (M1CHAEI/J. HOLZMILLER Planninq Director MJH:CDD/af cc: Gary Wayne Erin Letsch Bob Wojcik Crystal/Angelina Data Entry 2075 Las Palmas Drive - Carlsbad, California 92009-4859 • (619) 438-1161 P&D Techno/ogies 401 W. "A" Street Suite 2500 San Diego. CA 92101 FAX 619/234-3022 619/232-4466 An Ashland Technology Company Planning Engineering Transportation Environmental Economics Landscape Architecture January 17, 1990 Mr. Paul Klukas Hillman Properties West, Inc. 2011 Palomar Airport Road Suite 206 Carlsbad, CA 92009 Dear Paul: We have completed our work on the Aviara Phase II earthwork and have determined that the project is in conformance with the hillside development criteria of 10,000 cy. per disturbed acre. This is based on our gross quantity studies of the Master Tentative Map and the modifications to the hillside development and design standards that are permitted under the ordinance. The discussion which follows is related to the attached table showing the summary earthwork quantities. The gross earthwork was performed at a level of accuracy that is normal for preliminary engineering. The figure before modification based on relevant Carlsbad policies is 12,600 cy. per disturbed acre. The gross figure is adjusted for the normal shrinkage and then modified as described below: 1. The earthwork that is associated with the offsite construction of Batiquitos Drive is deducted from the calculation as this is a circulation element road that must be constructed in conjunction with the project. The on-site earthwork and disturbed area for Batiquitos Drive could also be deducted; however, our analysis indicates that the result has no impact on the earthwork per disturbed acre calculation. 2. The earthwork that is associated with the four landslides which cover significant portions of PA 25 and 26B are deducted from the calculation. These unusual goetechnical conditions must be corrected as part of the development work in these areas. We have been advised by ICG that some slope stability problems for the easterly edge of Spinnaker Hills will continue to exist until corrective grading work is complete that wiU stabilize that adjacent upper slope. The grading illustrated in the Master Tentative Map appears to deal with this issue but v^e will continue to work with ICG so that final design plans deal with the slope stability issue. We understand that more detail studies are underway of these landslides and the suitability of our proposed roads and pad grading to provide for the slope stability needs of the area. Please advise us as soon as this study is complete. Mr. Paul Klukas January 16,1990 Page 2 In summary the earthwork calculation for the Phase II Master Tentative Map would be 9,880 cy. per disturbed acre. If you have any questions regarding our analysis please do not hesitate to call. Very truly yours, P&D Technologies, Inc. Mirrinus W. Baak, P.E. Senior Vice President/General Manager P&O Technologfes 401 W. "A' Street Suite 2500 San Diego. CA921C - 619-232.4J66 An Ashlana Ifectirc ogy Company Planning Engineering Transportation Environmental Economics AVIARA SUMMARY OF PRELIMINARY GRADING ANALYSIS PHASE II MASTER TENTATIVE MAP 1/16/90 GROSS MASTER TM EARTHWORK: EXCAVATION 1,890,500 EMBANKMENT 1,955,000 ADJUSTMENT FOR 10% SHRINKAGE: - 189,000 (Cut Only) SUBTOTAL: 1,701,500 ADJUSTMENT FOR OFFSITE BATIQUITOS DRIVE: 0 SUBTOTAL: 1,701,500 ADJUSTMENT FOR LANDSLIDE AREA QUANTITIES: - 156,100 SUBTOTAL: 1,545,400 0 1,955,000 - 93,000 1,862,000 - 373,300 1,488,700 ADJUSTED GROSS CALCULATION OF CUBIC YARDS PER ACRE: 1,545,400 / 156.4 = 9,881 CY/AC