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HomeMy WebLinkAboutHDP 93-13; AVIARA PA 24 - OFFSITE CANYON FILL; Hillside Development Permit (HDP)- QTY OF CARLSBAD LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2, 1) Q o o O • • o O O APPLICATIONS APPLIED FOR: (CHECK BOXES) Master Plan CG5 Specific Plan Precise Development Plan Tentative Tract Map Planned Development Permit Non-Residential Planned Development Condominium Permit Special Use Permit Redevelopment Permit Tentative Parcel Map Administrative Variance (FOR DEPT USE ONLY) 0 0 0 0 0 0 0 General Plan Amendment Local Coastal 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 Determination List any other applications not specificed (FOR DEPT USE ONLY) c7 3 2) LOCATION OF PROJECT: ON THE I North SIDE OF lAviara Planning Area East Qf the (NORTH, SOUTH EAST, WEST) (NAME OF STREET) 1 Alga Road AND koinsettia Lane In4ersection (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: 4) ASSESSOR PARCEL NO(S). F77 5) LOCAL FACILITIES T2 0 6) EXISTING GENERAL PLAN I RLM I 7) PROPOSED GENERAL PLAN MANAGEMENT ZONE DESIGNATION DESIGNATION 8) EXISTING ZONING I i- 1 1 ) PROPOSED ZONING I N/A 10) GROSS SITE ACREAGE 11) PROPOSED NUMBER OF 12) PROPOSED NUMBER 13) 7iPE OF SUBDIVISION RESIDENTIAL UNITS 0 OF LOTS (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS -0- 15) PROPOSED INDUSTRIAL -0-116) PROPOSED COMMERCIAL I -0 - OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE NO1L Ap REQ(ThIG i 8E1D SBE4T PRIO4QPJ4 FRM00016 8/90% CTIY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 1 100 9. 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS -0- I 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 20) PROJECT NAME: J Planning Area 24 Off-site Grading I 21) BRIEF DESCRIPTION OFPROJECr: lGradina to raise drainage Drofile eliminate Planning Area 24 deep storm drain. Revegetation and 22) IN THE PROCESS OF REVIqKNQ THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF Cri't STAFF, PLANNIN MMISSIONE , D SIGN REVIEW BOARD MEMBERS, OR crr COUNCIL MEMBERS TO INSPECT AND ENTER THE P T IS 'I)-IE uBJEcr OF THIS APPLICATION. VWE CONSENT TO ENTRY FOR THIS PURPOSE A A... 23) OWNER 24) APPLICANT NAME (PRINT OR TIPS) NAME (PRINT OR TIPS) Dr. Daijit Sarkaria Aviara Land Associates MAILING ADDRESS MAILING ADDRESS j) U Rei 'RQ( 2011 Palomar Airport Rd., Suite 206 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Orange CA 92667 Carlsbad, CA 92009 (619) 931-1190 , I CERTPY THAT! AM THE t.AI. OWNER I CERTMY THAT I AM THE =AL OWNERI REPRITAI1VE AND AND THAT ALL THE RMATION THAT ALL THE ABOVE INFORMAT)ON IS TRUE AND (RX 0 THE 0 ESIOF BEST OFMY E. ZISTRUE SIG DATE SI / DATE *,** *..*** *. *...* •*,***.,*****a,,**.*,...*********.*e*** .. **e. *****.****.**ae********* ******.*,*•*** FOR CITY USE ONLY FEE COMPUTATION: _________ APPLICATION TIPS FEE REQUIRED çp t22 .ct7 OCT 0 ' IU I I C2 DATE cA ED REcEWED BY: TOTAL FEE REQUIRED I DATE FEE PAID I RECEIPT NO. 4•O City of Carlsbad - DISCLOSURE TtTLMENT ?JcNrS S7ZMENr CF SCCSURE OF CZTMN OWNEPS14IP IN1E55 ON ALL APQNS wiC •, ZIECUIFm SCRET1CNARY AOCN ON 4Rr CF IME c.f CCNCL OR ANY APPCINTSO 8OAC. CCMM1SSCN OR CMMrrrE. ,,Please Print) The totlowing information must be disccsed: 11 Aoclicarft Ust the names and addresses of all persons having a financial interest in the application. Aviara Land Accni Imitd Partnership 2011 Palomar Airport Rd. Suite 206 Carlsbad, CA 92009 2. Owner Ust the names and addresses of ail persons having any ownership interest in the property involveG. Br. Baljit.Sarkarja P.O Box 5896 Orangg ,-C-A 92667 3. If any person identied pursuant to (1) or (2) above is a corporation or partnership, list the names addresses of all individuals owning more than 10% of the shares in the corporation or owning any partrle: interest in the partnersnip. 4. If any person identified pursuant to (1) or (2) above is a non-to11t organization or a trust, list the names an( addresses of any person serving as officer or director of the non-profit organization or as trustee or denericar of the trust. N/A FRM00013 8/90 2075 Las Pagmas Orwe • Cartsoad. California 92009-4859 • (619) 438-1 161 (Over) Olsctosure Statement Pane 2 5. Have you had more than $250 worth of business traflsaced with any mamCer of City staff. 9,carc: Commissions, Committees and CouncfFwithin the past twelve months? Yes No If yes. pteasa indicate person(s) a 'Any ondivoduai. firm. cocamerma. jam? v.niur.. u.oeim't so" cuO.Iimi4aiqamzao.e. w omaw. luau. miii. iynøicaic tilts atia my am.v county. city and cQuj. M. muntisouiiy. disaw aroUu Palau, sucGsvsiui. at any cinsc ;raug at a!molnmon mCUnq U I Ull?. (NOT!: Attacri additional Pa993 a$ necessary.) Applicant: Aviara Land Associates Limited Partnership, a Delaware limited partnership BY: Aviara pany, a Delaware ratio Y. Partner D. L Clemens/Vice President By: 0-ri I - Z=f ~_~ Ted L. Hoover/Assistant Secretary Date: July 13, 1993 BY: Republic Development Co., a California ation, Per By: D. L. Cizen7Vice President By:)t1i' Ted L. Hoover/Assistant Secretary Date: July 13, 1993 . .• ttDp T3-3 PROJECT NAME: PA 24 offsite canyon fill APPLICANT NAME: Aviara Land Associates Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed protect. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet it necessary. Description/Explanation. The proposed project involves the grading and filling of a portion of an off-site canyon immediately north of the approved tentative map site for Aviara Planning Area 24. Native revegetation of the area is then proposed. The proposed project is intended to rectify a deep storm drain circumstance approved in conjunction with the Area 24 tentative sub- divisionniap. City approval of this grading and revegetation program requires a hillside development permit. Background, environmental information, supporting documents, and engineered plans and studies relative to the project are enclosed with this application. OCT 0 4 Cl •1 v. 4/1 11 . . PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: PA 24 offsite canyon fill APPLICANT NAME: Aviara Land Associates Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. The proposed project involves the grading and filling of a portion of an off-site canyon immediately north of the approved tentative map site for Aviara Planning Area 24. Native revegetation of the area is then proposed. The proposed project is intended to rectify a deep storm drain circumstance approved in conjunction with the Area 24 tentative sub- division-map. City approval of this grading and revegetation program requires a hillside development permit. Background. environmental information, supporting documents, and engineered plans and studies relative to the project are enclosed with this application. ado 4 1q93 411 ProO..frm 1 41 • j 1r ,1 STEWART TITLE COMPANY OF SAN DIEGO 7676 HAZARD CENTER DRIVE 7TH FLOOR • SAN DIEGO, CALIFORNIA 92108 (619) 692-1600 PRELIMINARY REPORT August 23, 1991 P & D TECHNOLOGIES 401 WEST "A" ST., STE. 2500 SAN DIEGO, CALIFORNIA ATTENTION: DAVE AMBLER YOUR NO. OUR NO. 10-110175 LOAN REF: AVIARA LAND IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, STEWART TITLE COMPANY OF SAN DIEGO 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 BY STEWART TITLE GUARANTY COMPANY, 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 IN SCHEDULE B 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 HEREIN. 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 AS OF AUGUST 19, 1991 AT 7:30 OCT 0 •-'l ' "4 A. M. LORE' TA GR GER/am TITLE OFFICER ¼ NOTE: EFFECTIVE WEDNESDAY, OCTOBER 24, 1990, OUR WIRING INSTRUCTIONS WILL BE AS FOLLOWS: 1. GROSSMONT BANK 667 SAN RODOLFO DRIVE SOLANA BEACH, CA. 92075 2. ABA #122232109 3. FOR CREDIT TO STEWART TITLE ACCOUNT ACCOUNT# 11002412-01 4. REFERENCE: TITLE OFFICER AND/OR TITLE #. r L 10-110175 THE FORM OF THE POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY ( ) 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B ( ) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY ( ) 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY ( SCHEDULE A THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: DALJIT S. SARKARIA AND ELAINE SARKARIA, HUSBAND AND WIFE, AS COMMUNITY PROPERTY . . 10-110175 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, -: ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED. H S S 10-110175 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: £. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCL YEAR 1991-92, A LIEN NOT YET PAYABLE. 1A. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1990-91 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $2,798.70 DLQ/PENALTY $279.87 SECOND INSTALLMENT: $2,798.70 DLQ/PENALTY $289.87 LAND: $508,846.00 CODE AREA: 09165 PARCEL NO. 215-070-12 lB. SAID PROPERTY HAS BEEN DEEMED TAX-DEFAULTED FOR FISCAL YEAR(S) 1988-90 PARCEL NO. 215-070-12-00 AMOUNT TO PAY DURING: AUGUST, 1991 $17,232.34 SEPTEMBER, 1991 : $17,435.43 OCTOBER, 1991 : $17,638.52 1C. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 2. WATER RIGHTS, CLAIMS OR TITLE Tu WATER, WHETHER OR NOT SUCH MATTERS ARE SHOWN BY THE PUBLIC RECORDS. AFFECTING THE PORTION OF SAID LAND AND FOR THE EREIN AND INCIDENTAL PURPOSES JOHN B. HOME, AN UNMARRIED MAN ROAD JULY 27, 1891 IN BOOK 187, PAGE 105 OF DEEDS OVER AND AS NEAR THE SOUTH LiNE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, AS IS OR MAY BE MADE PRACTICABLE FROM EAST TO WEST 3. AN EASEMENT PURPOSES STATED IN FAVOR OF: FUR: RECORDED: AFFECTS .. AN EASEMENT AFFECTING THE PORTitN 31 SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAl. PURPOSES IN FAVOR OF: ISAN DIEGO GAS AND ELECTRIC COMPANY, A CALIFORNIA - . 1 . SCHEDULE B CONTINUED 10-110175 CORPORATION FOR: A LINE OR INDEPENDENT LINES OF POLES AND/OR STEEL TOWERS AND WIRES AND/OR CABLES SUSPENDED THEREON AND SUPPORTED THEREBY AND FOR UNDERGROUND CONDUITS, CABLES, VAULTS AND MANHOLES, ALL FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND/OR OTHER PURPOSES CONNECTED THERETH, AND FOR GAS PIPE LINES AND FOR TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES, INCLUDING GUYS, ANCHORAGE, CROSSARMS, BRACES, AND ALL OTHER APPLIANCES AND FIXTURES FOR USE IN CONNECTION THEREWITH RECORDED: JANUARY 10, 1958 IN 3001< 6902, PAGE 504 OF OFFICIAL RECORDS - AFFECTS: AS FOLLOWS: AFFECTS AN EASEMENT OF RIGHT OF WAY 150 FEET IN WIDTH IN, UPON, OVER AND ACROSS THE LANDS PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 21, 1980. SAID EASEMENT OF RIGHT OF WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHWESTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 50 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, AND THE THE NORTHEASTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 100 FEET NORTHEASTERLY; MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED LINE: COMMENCING AT A POINT ON THE SOUTHERLY LINE OF RANCHO AQUA HEDIONDA ACCORDING TO THE PARTITION MAP THEREOF NO. 823 ON FILE IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, DISTANT THEREON 3427.40 FEET EASTERLY FROM THE SOUTHWESTERLY CORNER (ALSO KNOWN AS CORNER NO. 13) OF LOT G OF SAID RANCHO AGUA HEDIONDA; THENCE SOUTH 2851'09" EAST, A DISTANCE OF 1561.34 FEET TO A POINT, WHICH POINT IS THE TRUE POINT OF BEGINNING OF THE RIGHT OF WAY HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 4848'09" EAST, A DISTANCE OF 1348.01 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, DISTANT THEREON 1619,13 FEET EASTERLY FROM THE SOUTHWEST CORNER OF SAID SECTION 22. ALSO: BEGINNING AT THE ABOVE DESCRIBED TRUE POINT OF BEGINNING; THENCE NORTH 2851'09' WEST, A DISTANCE OF 550 FEET MORE OR LESS TO THE NORTHERLY LINE OF THE ABOVE DESCRIBED PROPERTY. -2- . S SCHEDULE B CONTINUED 10-110175 THE SIDE LINES OF SAID RIGHT OF WAY TO BE LENGTHENED AND/OR SHORTENED SO AS TO TERMINATE SAID LINES IN THE BOUNDARIES OF THE ABOVE DESCRIBED PROPERTY. 5. AN EASEMENT PURPOSES STATED IN FAVOR OF: FOR: AFFECTING THE PORTION OF SAID LAND AND FOR THE HEREIN AND INCIDENTAL PURPOSES CARLSBAD MUNICIPAL WATER DISTRICT A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES AND ALSO UNDERGROUND CONDUITS AND CABLES FOR TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES, TOGETHER WITH THEIR NECESSARY FIXTURES OCTOBER 1, 1958 IN BOOR 7278, PAGE 537 OF OFFICIAL RECORDS THE CENTER LINE LINE OF SAID EASEMENT OF RIGHT OF WAY IN THE AFOREDESCRIBED LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS: RECORDED: -. - AFFECTS: BEGINNING AT THE SOUTH QUARTER CORNER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; ACCORDING TO RECORD OF SURVEY MAP NO. 584 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, APRIL 29, 1937; THENCE NORTH 151'12" WEST 1056.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 8955'47" WEST 1286.55 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1000 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2430'38" AN ARC DISTANCE OF 427.79 FEET; THENCE TANGENT TO SAID CURVE SOUTH 6533'35" WEST, 1022.30 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1000 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1408'00" AN ARC DISTANCE OF 246.67 FEET; THENCE TANGENT TO SAID CURVE SOUTH 51 '25'35" WEST 349.64 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 500 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3830'30" AN ARC DISTANCE OF 335.98 FEET; THENCE TANGENT TO SAID CURVE SOUTH 85605It WEST 3097.27 FEET. THE BASIS OF BEARINGS FOR THIS DESCR1PTiN BEING THE SOUTH LINE OF SAID SECTION 22 AS SHOWN ON SAID RECORD OF SURVEY NO. 584; I.E., SOUTH 87 5I '00' EAST. 6. THE FACT THAT THE HEREIN DESCRIBED PROPERTY HAS NO APPARENT RECORD ACCESS TO A COUNTY MAINTAINED ROAD OR PUBLIC HIGHWAY. 7. A NOTICE OF SPECIAL TAX LIEN PURSUANT TO THE REQUIREMENTS OF SECTION 3114.5 OF THE STREETS AND HIGHWAYS CODE AND SECTION 53328.3 OF THE GOVERNMENT CODE, THE UNDERSIGNED CITY CLERK OF THE LEGISLATIVE BODY OF THE CITY OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1, STATE OF CALIFORNIA, HEREBY GIVES NOTICE THAT A LIEN IS HEREBY IMPOSED TO SECURE PAYMENT OF A SPECIAL TAX WHICH THE CITY COUNCIL or THE CITY OF CARLSBAD, . . SCHEDULE B CONTINUED 10-110175 COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, IS AUTHORIZED TO ANNUALLY LEVY, PER NOTICE RECORDED MAY 20, 1991 AS FILE NO. - 1991-0236959 OF OFFICIAL RECORDS. 8. A LIEN FOR THE AMOUNT HEREIN STATED AND ANY OTHER AMOUNTS DUE, FOR UNSECURED PROPERTY TAXES, EVIDENCED BY A CERTIFICATE FILED BY THE TAX COLLECTOR OF THE COUNTY HEREIN BELOW MENTIONED, AGAINST TAXPAYER: SARKARIA DALJ1T S. & ELAINE YEAR AND ACCOUNT NO.: 90 109276 AMOUNT: $120.94 COUNTY: SAN DIEGO RECORDED: MAY 21, 1991 AS FILE NO. 1991-0239024 OF OFFICIAL RECORDS : CLT,.Preliminary Report Form CLTA PRELIMINARY REPORT FORM LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS SCHEDULE B CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE 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 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 notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation effecting 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 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 or 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. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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. 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. (List of Printed Exceptions and Exclusions Continued on Next Page) REV. 1990 STE'S4ART TITLE Page 1 of 4 GUARANTY COMPANY cT&e11m1aarv Report Form I . 3. Defect, 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 unoer 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 the 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. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assess- ments 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 inspec- tion of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records, 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 riohts, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (4-6-90) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4-6-90) EXCLUSIONS FROM COVERAGE 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 char- acter, 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 protec- tion, 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 affect- ing 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 aetect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been re- corded in the public records at Date of Policy. (List of Printed Exceptions and Exclusions Continued on Next Page) REV 1990 STEWART TITLE Page 3 of 4 GUARANTY COMPANY :- - -: TRW Real Estate Information Services iIIJTjTl[hliIHtJIIl1IHlIIk77 TTTIJIP1T1TIPI 1.800.527.9663 • -a . - - riT•I - ST2 7t,- ;., Co Z%.SA • IT :. 'L__• :.- .tS.4l - •• 1Z .•• — * •4• - ti ftg;h... . t - -S...-,, • (.., -- t •.: -. - •C.D £ 709C U- .• .O? -• .' .•-- • I • I - -'•.$- £z.pc .. .. jC •O- Z.G - • --• _L_. 20oL . 24 - -- cL 2OS4. r15 D3 AC 21 22 28 i Z 7 - ,• c.• 2!5-07 ICHANGES BLKI OLD NEWrrCM 17 - • _ L& — i5 f St VJ I _ fl I I DIEGO COUWTY ASSES$O'S NAP.$K 215 PS 07 •. - - .•••-. -; - -•--- — - _____ - - -;- .-.--- •--,.- SEC 22 .- T12S-R4 - LOTS 3.4 & S 1/2 OF S I4 • RCS 584.626S) 10774, 1096 •;...-•- •-- •• • -. _;_ _'."..._ - - -. ---•. - - .- S - • - • r: . STEWART TITLE COMPANY OF SAN DIEGO 7676 HAZARD CENTER DRIVE 7TH FLOOR SAN DIEGO, CALIFORNIA 92108 (619) 692-1600 PRELIMINARY REPORT August 23, 1991 P & D TECHNOLOGIES 401 WEST "A" ST., STE. 2500 SAN DIEGO, CALIFORNIA ATTENTION: DAVE AMBLER YOUR NO. OUR NO. 10-110175 LOAN RE?: AVIARA LAND IN RESPONSE TO THE ABOVE REFERENCED APPLIdATION FOR A POLICY OF TITLE INSURANCE, STEWART TITLE COMPANY OF SAN DIEGO 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 BY STEWART TITLE GUARANTY COMPANY, 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 IN SCHEDULE B 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 HEREIN. 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 AS OF AUGUST 19, 1991 AT 7:30 LORE' TA GR GER/am off b t TITLE OFFICER ¼ NOTE:. - . EFFECTIVE WEDNESDAY, OCTOBER 24, 1990, OUR WIRING INSTRUCTIONS WILL BE AS FOLLOWS: I. GROSSMONT BANK 667 SAN RODOLFO DRIVE SOLANA BEACH, CA. 92075 2. ABA #122232109 3. FOR CREDIT TO STEWART TITLE ACCOUNT ACCOUNT # 11002412-01 4. REFERENCE: TITLE OFFICER AND/OR TITLE #. '.4. . .10-110175 THE FORM OF THE POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY ( ) 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY ( ) 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY .( SCHEDULE A THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: DALJIT S. SARKARIA AND ELAINE SARKARIA, HUSBAND AND WIFE, AS COMMUNITY PROPERTY . . 10-110175 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED. . . 10-110175 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO HE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL COUNTY AND/O}< CITY TAXES FOR THE FISCAL .:YEAR 1991-92, A LIEN NOT YET PAYABLE. LA. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1990-91 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $2,798.70 DL1Q/PENALTY $279.87 SECOND INSTALLMENT: $2,798.70 DLQ/PENALTY $289.87 LAND: $508,846.00 CODE AREA: 09165 PARCEL NO. 215-070-12 lB. SAID PROPERTY HAS BEEN DEEMED TAX-DEFAULTED FOR FISCAL YEAR(S) 1988-90 PARCEL NO. 215-070-12-00 AMOUNT TO PAY DURING: AUGUST, 1991 : $17,232.34 SEPTEMBER, 1991 : $17,435.43 OCTOBER, 1991 : $17,638.52 1C. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 2. WATER RIGHTS, CLAIMS OR TITLE To WATER, WHETHER OR NOT SUCH MATTERS ARE SHOWN BY THE PUBLIC RECORDS. 3. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED ! IEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: JOHN B. HOME, AN UNMARRIED MAN ROAD RECORDED: JULY 27, 1891 IN BOOK 187, PAGE 105 OF DEEDS AFFECTS OVER AND AS NEAR THE SOUTH LiNE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, AS IS OR MAY BE MADE PRACTICABLE FROM EAST TO WEST -. AN EASEMENT AFFECTING THE PORTiN OF SAiD LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: ISAN DIEGO GAS AND ELECTRIC COMPANY, A CALIFORNIA . S SCHEDULE B CONTINUED 10-110175 CORPORATION FOR: A LINE OR INDEPENDENT LINES OF POLES AND/OR STEEL TOWERS AND WIRES AN)/OR CABLES SUSPENDED THEREON AND SUPPORTED THEREBY AND FOR UNDERGROUND CONDUITS, CABLES, VAULTS AND MANHOLES, ALL FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND/OR OTHER PURPOSES CONNECTED THERETH, AND FOR GAS PIPE LINES AND FOR TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES, INCLUDING GUYS, ANCHORAGE, CROSSARMS, BRACES, AND ALL OTHER APPLIANCES AND FIXTURES FOR USE IN CONNECTION THEREWITH RECORDED: JANUARY 10, 1958 IN BOOK 6902, PAGE 504 OF OFFICIAL RECORDS - AFFECTS: AS FOLLOWS: AFFECTS AN EASEMENT OF RIGHT OF WAY 150 FEET IN WIDTH IN, UPON, OVER AND ACROSS THE LANDS PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 21, 1980. SAID EASEMENT OF RIGHT OF WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHWESTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 50 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, AND THE THE NORTHEASTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 100 FEET NORTHEASTERLY; MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED LINE: COMMENCING AT A POINT ON THE SOUTHERLY LINE OF RANCHO AQUA HEDIONDA ACCORDING TO THE PARTITION MAP THEREOF NO. 823 ON FILE IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, DISTANT THEREON 3427.40 FEET EASTERLY FROM THE SOUTHWESTERLY CORNER (ALSO KNOWN AS CORNER NO. 13) OF LOT C OF SAID RANCHO AGUA HEDIONDA; THENCE SOUTH 2851'09" EAST, A DISTANCE OF 1561.34 FEET TO A POINT, WHICH POINT IS THE TRUE POINT OF BEGINNING OF THE RIGHT OF WAY HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 4848t091t EAST, A DISTANCE OF 1348.01 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, DISTANT THEREON 1619.13 FEET EASTERLY FROM THE SOUTHWEST CORNER OF SAID SECTION 22. ALSO: BEGINNING AT THE ABOVE DESCRIBED TRUE POINT OF BEGINNING; THENCE NORTH 2851'09" WEST, A DISTANCE OF 550 FEET MORE OR LESS TO THE NORTHERLY LINE OF THE ABOVE DESCRIBED PROPERTY. -2- . S SCHEDULE B CONTINUED 10-110175 THE SIDE LINES OF SAID RIGHT OF WAY TO BE LENGTHENED AND/OR SHORTENED SO AS TO TERMINATE SAID LINES IN THE BOUNDARIES OF THE ABOVE DESCRIBED PROPERTY. 5. AN EASEMENT PURPOSES STATED IN FAVOR OF: FOR: AFFECTING THE PORTION OF SAID LAND AND FOR THE HEREIN AND INCIDENTAL PURPOSES CARLSBAD MUNICIPAL WATER DISTRICT A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES AND ALSO UNDERGROUND CONDUITS AND CABLES FOR TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES, TOGETHER WITH THEIR NECESSARY FIXTURES OCTOBER 1, 1958 IN BOOK 7278, PAGE 537 OF OFFICIAL RECORDS THE CENTER LINE LINE OF SAID EASEMENT OF RIGHT OF WAY IN THE AFOREDESCRIBED LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS: RECORDED: --AFFECTS: BEGINNING AT THE SOUTH QUARTER CORNER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; ACCORDING TO RECORD OF SURVEY MAP NO. 584 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, APRIL 29, 1937; THENCE NORTH 151'12" WEST 1056.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89 °55'47" WEST 1286.55 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1000 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2430'38" AN ARC DISTANCE OF 427.79 FEET; THENCE TANGENT TO SAID CURVE SOUTH 65 -33'35" WEST, 1022.30 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1000 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14 °08'00" AN ARC DISTANCE OF 246.67 FEET; THENCE TANGENT TO SAID CURVE SOUTH 5125'35" WEST 349.64 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 500 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3830'30" AN ARC DISTANCE OF 335.98 FEET; THENCE TANGENT TO SAID CURVE SOUTH 856'05" WEST 3097.27 FEET. THE BASIS OF BEARINGS FOR THIS DESCRIPTiuN BEING THE SOUTH LINE OF SAID SECTION 22 AS SHOWN ON SAID RECO}D OF SURVEY NO. 584; I.E., SOUTH 87'51'00" EAST. 6. THE FACT THAT THE HEREIN DESCRIBED PROPERTY HAS NO APPARENT RECORD ACCESS TO A COUNTY MAINTAINED ROAD OR PUBLIC HIGHWAY. 7. A NOTICE OF SPECIAL TAX LIEN PURSUANT TO THE REQUIREMENTS OF SECTION 3114.5 OF THE STREETS AND HIGHWAYS CODE AND SECTION 53328.3 OF THE GOVERNMENT CODE, THE UNDERSIGNED CITY CLERK OF THE LEGISLATIVE BODY OF THE CITY OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1, STATE OF CALIFORNIA, HEREBY GIVES NOTICE THAT A LIEN IS HEREBY IMPOSED TO SECURE PAYMENT OF A SPECIAL TAX WHICH THE CITY COUNCIL OF THE CITY OF CARLSBAD, S SCHEDULE B CONTINUED 10-110175 COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, IS AUTHORIZED TO ANNUALLY LEVY, PER NOTICE RECORDED MAY 20, 1991 AS FILE NO. - 1991-0236959 OF OFFICIAL RECORDS. 8. A LIEN FOR THE AMOUNT HEREIN STATED AND ANY OTHER AMOUNTS DUE, FOR UNSECURED PROPERTY TAXES, EVIDENCED BY A CERTIFICATE FILED BY THE TAX COLLECTOR OF THE COUNTY HEREIN BELO'? MENTIONED, AGAINST TAXPAYER: SAP.KARIA DALJ1T S. & ELAINE YEAR AND ACCOUNT NO.,: 90 109276 AMOUNT: $120.94 COUNTY: SAN DIEGO RECORDED: MAY 21, 1991 AS FILE NO. 1991-0239024 OF OFFICIAL RECORDS -4- CLTA Preliminary Report Form ., . CLTA PRELIMINARY REPORT FORM LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS SCHEDULE B CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' tees 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 notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation effecting 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 detect, lien or encumbrance resulting from a 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 or 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. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (arid the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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. 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; Ic) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or Ic) are shown by the public records. (List of Printed Exceptions and Exclusions Continued on Next Page) REV. 1990 STEWART TITLE Pace 1 014 GUARANTY COMPANY T&e1im1narv Report Form S S 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; 1W 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 ur.oer this policy; Ic) 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 the as to assessments for street improvements under construction or completed at Date of Policy); or le) resulting in toss 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 trie state in which the land is situated. 5. Invalidity or unentorceability 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. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. - The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against toss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assess ments 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 inspec- tion of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records, 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. 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (4-6-90) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4-6-90) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' tees 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 Ii) the occupancy, use, or enjoyment of the land; (ii) the char- acter, 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 protec- tion, 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 affect- ing the land has been recorded in the public records at Date of Policy. 1W 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 re- corded in the public records at Date of Policy. (List of Printed Exceptions and Exclusions Continued on Next Page) REV 1990 STEWART TITLE Page 3of4 GUARANTY COMPANY __ - TRW Real Estate i. 8Qu.527. 9663 Intormation Se rvices 09 • . I ••.'. •• - SrT.2 :•- ,_;;- •1 2J.4 . .__..,•. - 11 • ,- _$1,,,__ •a- (__, -- - • ,- -a-.. OOL 1'I P12, c-• rAC. 1 • 21 22 28.27 N 18 W - • - - - - I 2 - . - 215-07 r _ CHANGES I BIKI OLD 114EWC)T1 - I I I -- ;3 DIEGO COUXTY AssEsul's MAP 1K ZtS PG 07 • - • . -• . -• -• • -•- '.••- .: •- :---• ••• • - - - - •- ......- . z.- - -.-.• - - - . • - -iL• ?--L - — - - •. ._____ SEC 22 . T12S-R4 - LOTS 3.4 & S 1/2 OF SW 1/4 - ROS 584. 6269, 10774 12096 • - . .•• • •-. . . - _ -' • r?M i STEWART TITLE COMPANY OF SAN DIEGO 7676 HAZARD CENTER DRIVE 7TH FLOOR • SAN DIEGO, CALIFORNIA 92108 (619) 692-1600 PRELIMINARY REPORT (4-Pp 93-r 0/3`7 August 23, 1991 P & D TECHNOLOGIES 401 WEST "A" ST., STE. 2500 SAN DIEGO, CALIFORNIA ATTENTION: DAVE AMBLER YOUR NO. OUR NO. 10-110175 LOAN REF: AVIARA LAND IN RESPONSE TO THE ABOVE REFERENCED APPLIdATION FOR A POLICY OF TITLE INSURANCE, STEWART TITLE COMPANY OF SAN DIEGO 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 BY STEWART TITLE GUARANTY COMPANY, 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 IN SCHEDULE B 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 HEREIN. 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 AS OF AUGUST 19, 1991 AT 7:30 Ft .-'-• * Dy r'i r 4 1993 gL - ! I LORE TTA GR GER/am TITLE OFFICER NOTE: . . EFFECTIVE WEDNESDAY, OCTOBER 24, 1990, OUR WIRING INSTRUCTIONS WILL BE AS FOLLOWS: 1. GROSSMONT BANK 667 SAN RODOLFO DRIVE SOLANA BEACH, CA. 92075 2. ABA #122232109 3. FOR CREDIT TO STEWART TITLE ACCOUNT ACCOUNT # 11002412-01 4. REFERENCE: TITLE OFFICER AND/OR TITLE #. . . 10-110175 THE FORM OF THE POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY ( ) 2. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B ( ) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY ( ) 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY SCHEDULE A 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: DALJIT S. SARKARIA AND ELAINE SARKARIA, HUSBAND AND WIFE, AS COMMUNITY PROPERTY [] . 10-110175 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED. I . 10-110175 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL -YEAR 1991-92, A LIEN NOT YET PAYABLE. 1A. GENERAL AND SPECIAL COUNTY AND //OR CITY TAXES FOR THE FISCAL YEAR 1990-91 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $2,798.70 DLQ/PENALTY $279.87 SECOND INSTALLMENT: $2,798.70 DLQ/PENALTY $289.87 LAND: $508,846.00 CODE AREA: 09165 PARCEL NO. 215-070-12 LB. SAID PROPERTY HAS BEEN DEEMED TAX-DEFAULTED FOR FISCAL YEAR(S) 1988-90 PARCEL NO. 215-070-12-00 AMOUNT TO PAY DURING: AUGUST, 1991 : $17,232.34 SEPTEMBER, 1991 : $17,435.43 OCTOBER, 1991 : $17,638.52 1C. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 2. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT C- ARE SHOWN BY THE PUBLIC RECORDS. 1-1 3. AN EASEMNT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES ST HEREIN AND INCIDENTAL PURPOSES JOHN B. HOME, AN UNMARRIED MAN ROAD RECORDED: JULY 27, 1891 IN BOOK 187, PAGE 105 OF DEEDS AFFECTS: OVER AND AS NEAR THE SOUTH LiNE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, AS IS OR MAY BE MADE PRACTICABLE FROM EAST TO WEST -i. AN EASEMENT AFFECTING THE PORTlN 01' SAiD LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: (SAN DIEGO GAS AND ELECTRIC COMPANY, A CALIFORNIA -1- . . SCHEDULE B CONTINUED 10-110175 CORPORATION FOR: A LINE OR INDEPENDENT LINES OF POLES AND/OR STEEL TOWERS AND WIRES AND/OR CABLES SUSPENDED THEREON AND SUPPORTED THEREBY AND FOR UNDERGROUND CONDUITS, CABLES, VAULTS AND MANHOLES, ALL FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND/OR OTHER PURPOSES CONNECTED THERETH, AND FOR GAS PIPE LINES AND FOR TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES, INCLUDING GUYS, ANCHORAGE, CROSSARMS, BRACES, AND ALL OTHER APPLIANCES AND FIXTURES FOR USE IN CONNECTION THEREWITH RECORDED: JANUARY 10, 1958 IN BOOK 6902, PAGE 504 OF OFFICIAL RECORDS -AFFECTS: AS FOLLOWS: AFFECTS AN EASEMENT OF RIGHT OF WAY 150 FEET IN WIDTH IN, UPON, OVER AND ACROSS THE LANDS PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 21, 1980. SAID EASEMENT OF RIGHT OF WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHWESTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 50 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, AND THE THE NORTHEASTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 100 FEET NORTHEASTERLY; MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED LINE: COMMENCING AT A POINT ON THE SOUTHERLY LINE OF RANCHO AQUA HEDIONDA ACCORDING TO THE PARTITION MAP THEREOF NO. 823 ON FILE IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, DISTANT THEREON 3427.40 FEET EASTERLY FROM THE SOUTHWESTERLY CORNER (ALSO KNOWN AS CORNER NO. 13) OF LOT G OF SAID RANCHO AGUA HEDIONDA; THENCE SOUTH 28 °51'09' EAST, A DISTANCE OF 1561.34 FEET TO A POINT, WHICH POINT IS THE TRUE POINT OF BEGINNING OF THE RIGHT OF WAY HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 4848'09" EAST, A DISTANCE OF 1348.01 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, DISTANT THEREON 1619.13 FEET EASTERLY FROM THE SOUTHWEST CORNER OF SAID SECTION 22. ALSO: BEGINNING AT THE ABOVE DESCRIBED TRUE POINT OF BEGINNING; THENCE NORTH 2851 1 09" WEST, A DISTANCE OF 550 FEET MORE OR LESS TO THE NORTHERLY LINE OF THE ABOVE DESCRIBED PROPERTY. -2- . . SCHEDULE B CONTINUED 10-110175 THE SIDE LINES OF SAID RIGHT OF WAY TO BE LENGTHENED AND/OR SHORTENED SO AS TO TERMINATE SAID LINES IN THE BOUNDARIES OF THE ABOV,B-ID PROPERTY. . AN EASEMENT PURPOSES STATED IN FAVOR OF: FOR: AFECTING THE PORTION OF SAID LAND AND FOR THE HEIN AND INCIDENTAL PURPOSES ARLSBAD MUNICIPAL WATER DISTRICT A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES AND ALSO UNDERGROUND CONDUITS AND CABLES FOR TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES, TOGETHER WITH THEIR NECESSARY FIXTURES OCTOBER 1, 1958 IN BOOK 7278, PAGE 537 OF OFFICIAL RECORDS THE CENTER LINE LINE OF SAID EASEMENT OF RIGHT OF WAY IN THE AFOREDESCRIBED LANDS IS PARTICULARLY DESCRIBED AS FOLLOWS: RECORDED: --AFFECTS: BEGINNING AT THE SOUTH QUARTER CORNER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; ACCORDING TO RECORD OF SURVEY MAP NO. 584 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, APRIL 29, 1937; THENCE NORTH 151'12" WEST 1056.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 8955'47" WEST 1286.55 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1000 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2430'38" AN ARC DISTANCE OF 427.79 FEET; THENCE TANGENT TO SAID CURVE SOUTH 65'33'35'1 WEST, 1022.30 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1000 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1408'00" AN ARC DISTANCE OF 246.67 FEET; THENCE 'TANGENT TO SAID CURVE SOUTH 5125t35h1 WEST 349.64 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 500 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3830'30" AN ARC DISTANCE OF 335.98 FEET; THENCE TANGENT TO SAID CURVE SOUTH 8Th605" WEST 3097.27 FEET. THE BASIS OF BEARINGS FOR THIS DESCRIPrhiN BEING THE SOUTH LINE OF SAID SECTION 22 AS SHOWN ON SAID RECORD OF SURVEY NO. 584; I.E., SOUTH 87 51 00" EAST. 6. THE FACT THAT THE HEREIN DESCRIBED PROPERTY HAS NO APPARENT RECORD ACCESS TO A COUNTY MAINTAINED ROAD OR PUBLIC HIGHWAY. 7. A NOTICE OF SPECIAL TAX LIEN PURSUANT TO THE REQUIREMENTS OF SECTION 3114.5 OF THE STREETS AND HIGHWAYS CODE AND SECTION 53328.3 OF THE GOVERNMENT CODE, THE UNDERSIGNED CITY CLERK OF THE LEGISLATIVE BODY OF THE CITY OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1, STATE OF CALIFORNIA, HEREBY GIVES NOTICE THAT A LIEN IS HEREBY IMPOSED TO SECURE PAYMENT OF A SPECIAL TAX WHICH THE CITY COUNCIL OP THE CITY OF CARLSBAD, -3- . . SCHEDULE B CONTINUED 10-110175 COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, IS AUTHORIZED TO ANNUALLY LEVY, PER NOTICE RECORDED MAY 20, 1991 AS FILE NO. 1991-0236959 OF OFFICIAL RECORDS. 8. A LIEN FOR THE AMOUNT HEREIN STATED AND ANY OTHER AMOUNTS DUE, FOR UNSECURED PROPERTY TAXES, EVIDENCED BY A CERTIFICATE FILED BY THE TAX COLLECTOR OF THE COUNTY HEREIN BELOW MENTIONED, AGAINST TAXPAYER: SARKARIA DALJ1T S. & ELAINE YEAR AND ACCOUNT NO.: 90 109276 AMOUNT: $120.94 COUNTY: SAN DIEGO RECORDED: MAY 21, 1991 AS FILE NO. 1991-0239024 -- - OF OFFICIAL RECORDS -4- CLTA Preliminary Report Form . . CLTA PRELIMINARY REPORT FORM LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS SCHEDULE B CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE 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 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 notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation effecting 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 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 or 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. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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. 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; fbI 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. (List of Printed Exceptions and Exclusions Continued on Next Page) REV. 1990 STEWART TITLE Page lof4 GUARANTY COMPANY CLTA Preliminary Report Form . . 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 unoer 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 the 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. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. -- - The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assess- ments 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 inspec- tion of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 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. .4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (4-6-90) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4-6-90) EXCLUSIONS FROM COVERAGE 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 char- acter, 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 protec- tion, 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 affect- ing 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 re- corded in the public records at Date of Policy. (List of Printed Exceptions and Exclusions Continued on Next Page) REV 1990 STEWART TITLE Page 3of4 GUARANTY COMPANY 213, © - - I.SH.T - - a-.- )POC QC 70 ~ODO 2.'_ - . - - M 2 •- :: 7OC L2 . - .L Tzi . . -.---.--..'--- , • 12 c.. ZOIA- 5D3 AC 2t 22 j -- - PA ' 27 s- .-, JJ_• . #..,. rA TRW Real Estate Information Services 21T 77,7777 1.800.527.9663 - 215-07 22 SEC 22 .- T2S-R41 - LOTS 3.4 & S /2 OF SW /4 -. - ROS 584.6269,10774 1 12096 - _;-tSAX DIEGO COUNTY ASSESSOR'S KAP .BK 215 PG 07 - .. S; .... - ....-. ... . . - * . - .. . . .• - . .... • - ___ - . . March 29, 1993 Mr. Mike Grim City of Carlsbad 2075 La Palmas Drive Carlsbad, California 92009 Re: Withdrawal of CT90-15(A)/HDP 90-20(A) Dear Mike: Aviara Land Associates hereby withdraws the above referenced development applications. As we discussed, a follow up application involving the adjacent property will be submitted for this project within the next few weeks. Please refund to our office all unused monies deposited for processing this application. Sincerely, P ul J. KluklaaV" Director of Community Planning PJK:kaf Grim.akk c_-•) / N - 2011 PALOMAR AIRPORT ROAD SUITE 206 CARLsBAD CALIFORNIA 92009 (619) 931-1190 FAx:(619)931-7950 __•_ WT CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 438-5621 REC'D FROM _(f Ii"''{ ((z, DATE_____________ ACCOUNT NO DESCRIPTION ,AMDIJT rc) 8110 06/17/9 00010 2::L RECEIPT NO. 13221 TOTAL