HomeMy WebLinkAboutHDP 90-02; AVIARA PHASE II; Hillside Development Permit (HDP) (2)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)
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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,
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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
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
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