The URL can be used to link to this page

Home My WebLink AboutHDP 93-14; MOFFATT FAMILY TRUST; Hillside Development Permit (HDP)I Q1'Y OF CARLSBAD LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT (FOR DEPT USE ONLy) USE ONLY) 0 Master Plan 0 General Plan Amendment 0 Specific Plan D. Local Coastal Plan Amendment 0 Precise Development Plan 0 Site Development Plan 0 Tentative Tract Map 0 Zone Change 0 Pl~ed Development Permit 0 Conditional Use Permit 0 Non-Residential Planned Development ~ Hillside Developme~t Permit flDP4'~~ 0-Condominium Permit 0 Environ,mental Impact Assessment 0 Special Use Permit. 0 Variance 0 Redevelopment Permit 0 Planned Industrial Permit 0 Tentative Parcel Map 0 Coastal Development Permit 0 Administrative Variance 0 Planning Conunission Determination 0 List any other applications not specificed '7 "h . , I 2) LOCATION OF PROJEcr: ON 11-IE I ~-=r I SIDE OF I~~~r. I (NOR11-I. SOUTI-I EAST, WEST) (NAME OF STREE'D BETWEEN I ~(e.\i At4P ~~. I AND I~ ~\' I (NAME OF STREET) (NAME OF STREE'D 3) BRIEF LEGAL DESCRIPTION: I ot::).A..,~_ 4-~ t-.>\Ac> * l~~~' , 4) ASSESSOR PARCEL NO(S). I ZDea .. lee -~c::r '1 5) LOCAL FACILITIES I~ 16) EXISTING GENERAL PLAN I ~lr r1 In PROPOSED GENERAL PLAN I flit I MANAGEMENT ZONE DESIGNATION . DESIGNATION . 8) EXISTING ZONING I", ~ \5 1 9) PROPOSED ZONING 1-110) GROSS SITE iep .. z-1Jlf !.f f,.,\ ACREAGE 11) PROPOSED NUMBER OF IT] 12) PROPOSED NUMBER W 13) TYPE OF SUBDMSION D RESIDENTIAL UNITS OF LOTS \ (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS· I C> I 15)PROPOSEDINDUsnuAL I -116) PROPOSED COMMERCIAL I I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE CITI OF CARLSBAD LAND USE REVIEW APPUCATION FORM 17) PERCENTAGE OF PROPQSED PROJEcr IN OPEN SPACE 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELUNG UNITS 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 20) PROJEcr NAME: 21) BRIEF DESCRIPTION OF PROJEcr: I Jf.396 UJ~ Sf: I £VA I I I I 10 22) MAY BE NECESSARY FOR MEMBERS OF cm STAFF, COIvtMISSION1ER3I DE~iIG!lIAllME~W ~1UM(1l)A\1l!~"JjI:.tcS.OR cm COUNCIL MEMBERS TO INSPEcr AND , !/WE CONSENT TO ENTRY FOR THIS 23) OWN~R 24) APPUCANT NAME (PRINT OR TIPE) NAME (PRINT OR TIPE) ~l\.,4)~b· MAIUNG ADDRESS MAIUNG ADDRESS \e.g, ~ \).\~A cm AND STATE TELEPHONE cm AND STATE ZIP . ''(Z2-C/-W'l.l!::::.~ PAGE 2 ( CERTIFY -mAT 1 AM'TIlE LEGAL OWNER AND -mAT ALL TIlE ABOVE INFORMAnON ( CERTIFY -mAT 1 AM nm !:EGAL OWNER', IW'RESENTATlVE AND -mAT ALL fIBCNE lNJ'OR.MAnoN 15 TRUE AND COIUU!CT TO nm IS TRUE CORRECT TO TIlE BEST OF BEST OF OwtmGE. MYKNO E. ' ~*************************************************************************** **************~************ FEE COMPUTATION: APPUCATION TIPS ff.DpQ3 .... / <-f EII1 '~rv TOTAL FEE REQUIRED DATE FEE PAID FEE REQUIRED /.20. 00 'rYd..O 00 ,&)() 00 890,00 RECEiVED OCT 0 81993 crrv OF CA~LSBAD t,' ~~ ;.t ~~ ,,;.&0 It 'i~ATE STAMP APPUCATION RECEIVED • f' "., ~r .F6rndfo. 1068-1 (Rev. 1/92) • - . .~ ''txhlblt A to Preliminary Report ~ .. ' ' = / •' ..... " . ..... ~' -: . i .. • '. ~ •" ..... "\ ~ ... " ~.tt; t Preliminary Report / First American Title Insurance Company tfcx/77-V/i:;../r~ /~~..:::;~ #aJ.13; ;?e, /zdH I ~ •. •. , .. .~ • ORDER NO. 1043792-6 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 NOVEMBER 6, 1992 CONTINENTAL HOMES 12760 HIGH BLUFF DRIVE, SUITE 380 SAN DIEGO, CALIFORNIA· ATTN: CHRISTOPHER CHAMBERS OUR ORDER' NO. 1043792-6 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY 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 iIEREINA,FTER 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 HEREIN 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 POLI~ OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF NOVEMBER 3, 1992 AT 7:30 A.M. DIANNE DIRECT PAGE 1 . . -~. .. •' " ..... , , '. ".; ; I, / " ORDER NO. 1043792-6 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: TO BE DETERMINED TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: RANCHO CARRILLO, INC., A DELAWARE CORPORATION THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) I 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 TAXES FOR THE FISCAL YEAR 1992-93, ALIEN, NOT YET PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 4. RIGHTS OF THE PUBLIC IN AND TO ANY PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN ROADS, STREETS OR HIGHWAYS. 5. AN EASEMENT FOR GAS PIPE LINES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JANUARY 18, 1937 IN BOOK 615, PAGE 65 OF OFFICIAL RECORDS, WHICH AFFECTS SECTION 18 DESCRIBED AS FOLLOWS: PAGE 2 • •••••••• " . . .' ORDER NO. 1043792-6 BEGINNING AT A POINT ON THE WEST LINE OF SECTION 18, DISTANT THEREON 2900.18 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE FROM SAID POINT OF BEGINNING, NORTH 87°2'1' EAST 4476.0 FEET; THENCE SOUTH 89 ° 21' EAST TO. THE EAST LINE. OF SAID ABOVE MENTIONED NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18. IT IS UNDERSTOOD AND AGREED BY THE PARTIES. HERETO THAT SAID GAS PIPE SHALL IN ALL CASES BE BURIED IN THE GROUND ATA SUFFICIENT DEPTH AS NOT TO INTERFERE WITH AGRICULTURAL DEVELOPMENT. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 1. 6. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRI.C COMPANY BY INSTRUMENT RECORDED FEBRUARY 24, 1938 IN BOOK 759, PAGE 6 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF THE! SAID NORTHEAST QUARTER OF SOUTHWEST QUARTER OF SECTION 19, DISTANT THEREON 245.3 FEET EASTERLY FROM THE SOUTHWEST CORNER THEREOF; THENCE FROM SAID POINT OF BEGINNING, NORTH 2 ° 54' EAST 1245.9 FEET; THENCE NORTH 15°45' EAST 440 FEET; THENCE NORTH 36°55' WEST 210.4 FEET. SAID EASEMENT AFFECTS A PORTION OF SECTION 19 HEREIN DESCRIBED. AFFECTS PARCEL 1. 7. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NO. 757 ACCORDING.TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED OCTOBER 2, 1940 IN BOOK 1068, PAGE 496 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE· LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 1. PAGE 3 8. • ••••• . .. . •••••• ORDER NO. 1043792-6 AN EASEMENT FOR ELECTRIC TRANSMISSION LINES TO ERECT, CONSTRUCT, RECONSTRUCT, REPLACE, REPAIR, MAINTAIN AND USE FROM TIME TO TIME, FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND FOR TELEPHONE PURPOSES, A LINE OR LINES OF WOOD POLES OR STEEL TOWERS OR POLES, AND WIRES OR CAB~ES SUSPENDED THEREON, AND SUPPORTED THEREBY, INCLUDING WIRES FOR TELEPHONE PURPOSES AND ALL NECESSARY AND CONVENIENT FOUNDATIONS, CROSS-ARMS AND BRACES AND INCIDENTAL PURPOSES IN FAVOR. OF SAN DIEGO CONSOLIDATED GAS AND ELECTRIC COMPANY, RECORDED OCTOBER 11, 1940 IN BOOK 1078, PAGE 247 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: SAID EASEMENT OF RIGHT OF WAY BEING 150 FEET IN WIDTH, THE SOUTHWESTERLY AND NORTHEASTERLY BOUNDARY LINES OF WHICH ARE PARALLEL WITH AND 50 FEET SOUTHWESTERLY AND 100 FEET NORTHEASTERLY, RESPECTIVELY, FROM A LINE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SECTION 18, DISTANT THEREON 327.86 FEET WESTERLY FROM THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 28°50'13" WEST, 2044.26 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER OF SOUTHEAST QUARTER OF SECTION 18, WH~H POINT IS THE TRUE POINT OF BEGINNING CONTINUING NORTH 28°50'13" WEST, A DISTANCE OF 905.3 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID NORTHWEST QUARTER OF SOUTHEAST QUARTER OF SECTION 18. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 1. 9. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED NOVEMBER 21, 1951 IN BOOK 4297, PAGE 314 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF NORTHWEST QUARTER OF SECTION 19; DISTANT THEREON 550.23 FEET NORTHERLY FROM THE SOUTHWEST CORNER THEREOF; THENCE FROM SAID POINT OF BEGINNING NORTH 84 ° 2 4' EAST o. 56 FEET; THENCE SOUTH 67°03'15" EAST 505.28 FEET. ALSO: FROM THE ABOVE DESCRIBED POINT OF BEGINNING; THENCE SOUTH 84°24' WEST 1471.83 FEET; THENCE NORTH 58°37' WEST 240.00 FEET. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 1. PAGE 4 •• •••• ORDER NO. 1043792-6 10. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 6416, WHICH SETS FORTH, OR PURPORTS TO SET FORTH,. CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. AFFECTS PARCEL 1. 11. AN EASEMENT FOR SEWER LINE AND INCIDENTAL PURPOSES IN FAVOR OF SAN MARCOS COUNTY WATER DISTRICT, RECORDED OCTOBER 1, 1968 AS FILE NO. 170268 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: AFFECTS A STRIP OF LAND 20.00 FEET WIDE IN THE EAST HALF OF THE NORTHWEST QUARTER AND THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 19, THE CENTER LINE OF SAID 20.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SAID SECTIONS 19 AND 24 WHICH IS DISTANT THEREON NORTH. 0°03'05" WEST 551.11 FEET FROM THE QUARTER CORNER COMMON TO SAID SECTION 19 AND 24, BEING POINT "A" OF THIS DESCRIPTION; THENCE SOUTH 72°32'47" WEST 144.96 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE 81.62 FEET THROUGH AN ANGLE OF 9°21'11" TO A POINT ON SAID EASTERLY LINE OF RANCHO AGUA HEDIONDA, DISTANT NORTH 2°38'10" WEST 690.82 FEET FROM CORNER NO. 5 OF SAID RANCHO, BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING EASTERLY TO SAID POINT "A"; THENCE NORTH 72°32'47" EAST 425.99 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 138.00 FEET THROUGH AN ANGLE OF 150 48'48"; THEijCE TANGENT TO SAID CURVE NORTH 56 ° 4 3 ' 59" EAST 4 8 • 5 6 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 134.26 FEET THROUGH AN ANGLE OF 38 0 27'41"; THENCE TANGENT TO SAID CURVE SOUTH 84 °48' 20" EAST 381. 08 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 236.89 FEET THROUGH AN ANGLE OF 67 0 51'51"; THENCE TANGENT TO SAID CURVE NORTH 27 ° 19' 49" EAST 70.07 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 123.96 FEET THROUGH AN ANGLE OF 28 0 24'31"; THENCE TANGENT TO ?AID CURVE NORTH 55°44'20" EAST 53.12 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 100.41 FEET THROUGH AN ANGLE OF 14 0 23'; THENCE TANGENT TO SAID CURVE NORTH 41°21'20" EAST 40.78 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 253.62 FEET THROUGH AN ANGLE OF 360 19'42"; THENCE TANGENT TO SAID CURVE NORTH 77°41'02" EAST 606.59 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 43.21 FEET THROUGH AN ANGLE OF 9 ° 54' 13"; THENCE TANGENT TO SAID CURVE NORTH 87°35' 15" EAST 387.03 FEET TO THE BEGINNING OF A TANGE~T PAGE 5 • •••••• o.RDER NO.. 1043792-6 250.00 Fo.o.T RADIUS CURVE, Co.NCAVE No.RTHERLY; THENCE EASTERLY ALo.NG SAID CURVE 84.'60 FEET THRo.UGH AN ANGLE o.F 190 23'20"; THENCE TANGENT TO. SAID CURVE No.RTH 68°11'55" EAST 205.33 FEET TO. THE BEGINNING o.F A TANGENT 250.00 Fo.o.T RADIUS CURVE, Co.NCAVE So.UTHERLY; THENCE EASTERLY ALo.NG SAID CURVE 95.13 FEET THRo.UGH AN ANGLE o.F 210 48'05"; THENCE TANGENT TO. SAJD CURVE EAST 102.42 FEET TO. THE BEGINNING o.F A TANGENT 250.00 Fo.o.T RADIUS CURVE, Co.NCAVE So.UTHERLY; THENCE EASTERLY ALo.NG SAID, CURVE 107.19 FEET THRo.UGH AN ANGLE o.F 24 °34' 02"; THENCE TANGENT TO. SAID CURVE So.UTH 65°25'58" EAST 263.37 FEET TO. THE BEGINNING o.F A TANGENT 250.00 Fo.o.T RADIUS CURVE, Co.NCAVE So.UTHWESTERLY; THENCE So.UTHEASTERLY ALo.NG SAID CURVE 130.98 FEET THRo.UGH AN ANGLE o.F 30 ° 01' 08" ; THENCE TANGENT TO. SAID CURVE So.UTH 35°24'50" EAST 208.31 FEET TO. THE BEGINNING o.F A TANGENT 250.00 Fo.o.T RADIUS CURVE, Co.NCAVE No.RTHEASTERLY; THENCE So.UTHEASTERLY ALo.NG SAID CURVE 93.61 FEET THRo.UGH AN ANGLE o.F 21 0 27'14"; THENCE TANGENT TO. SAID CURVE So.UTH 56°52' 04" EAST 351.49 FEET; THENCE So.UTH 60° 50'13" EAST 152.27 FEET TO. THE BEGINNING o.F A TANGENT 250.00 Fo.OT RADIUS CURVE, Co.NCAVE So.UTHWESTERLY; THENCE So.UTHEASTERLY ALo.NG SAID CURVE 140.07 FEET THRo.UGH AN ANGLE o.F 32°06'08" TO. A Po.INT o.N THE EAST LINE o.F SAID WEST HALF o.F THE No.RTHEAST QUARTER o.F SECTIo.N 19, DISTANT /No.RTH 0°08'43" EAST 744.12 FEET FRo.M THE So.UTHEAST C~RNER o.F SAID WEST HALF o.F THE No.RTHEAST QUARTER o.F SECTIo.N 19, SAID 20.00 Fo.o.T STRIP BEGINS IN THE EASTERLY LINE o.F RANCHO. AGUA HEDIo.NDA AND ENDS IN THE EAST LINE o.F THE WEST HALF o.F THE No.RTHEAST QUARTER o.F SECTIo.N 19. ALSO.: A TEMPo.RARY 50 Fo.o.T WIDE EASEMENT AND SLo.PE RIGHT Fo.R Co.NSTRUCTIo.N o.F AN ACCESS AND Co.NSTRUCTIo.N Ro.AD AS REQUIRED Fo.R THE Co.NSTRUCTIo.NS o.F A SEWER PIPELINE IN THE EAST HALF o.F THE No.RTHWEST QUARTER AND THE WEST HALF o.F THE No.RTHEAST QUARTER o.F SECTIo.N 19, THE CENTER LINE o.F SAID 50 Fo.o.T WIDE TEMPo.RARY EASEMENT BEING DESCRIBED AS Fo.LLo.WS: BEGINNING AT A Po.INT o.N THE Co.MMo.N Bo.UNDARY BETWEEN SECTIo.NS 19 AND 24 o.F SAID To.WNSHIP 12 -So.UTH WHICH Po.INT IS DISTANT THEREo.N No.RTH 0°03'05" WEST, 555.11 FEET FRo.M THE QUARTER Co.RNER Co.MMo.N TO. SAID SECTIo.NS 19 AND 24; THENCE No.RTH 72°32'47" EAST, 425.99 FEET TO. THE BEGINNING o.F A TANGENT 500.00 Fo.o.T RADIUS CURVE, Co.NCAVE No.RTHERLY; TH~NCE EASTERLY'ALo.NG SAID CURVE 138.00 FEET THRo.UGH AN ANGLE o.F 150 48'48"; THENCE TANGENT TO. SAID CURVE No.RTH 56°43'59" EAST,. 48.56 FEET TO. THE BEGINNING o.F A TANGENT 200.00 Fo.o.T RADIUS CURVE, Co.NCAVE So.UTHERLY; THENCE EASTERLY ALo.NG SAID CURVE, 134.26 FEET THRo.UGH AN ANGLE o.F 38 0 27'41"; THENCE TANGENT TO. SAID CURVE So.UTH 84°48'20" EAST 381.08 FEET TO. THE BEGINNING o.F A TANGENT 200.00 Fo.o.T RADIUS CURVE, Co.NCAVE No.RTHWESTERLY; THENCE No.RTHEASTERLY ALo.NG SAID CURVE 236. 89 FEET THRo.UGH AN ANGLE o.F 67°51'51"; THENCE TANGENT TO. SAID CURVE No.RTH 27°19'49" EAST, 70.07 FEET TO. THE BEGINNING o.F A TANGENT 250.00 Fo.o.T RADIUS CURVE, Co.NCAVE So.UTHEASTERLY; THENCE No.RTHEASTERLY ALo.NG SAID PAGE 6 , .. . 'p, .. . .. , •• ••••••• ORDER NO. 1043792-6 CURVE 123.96 FEET THROUGH AN ANGLE OF 28 0 24'31"; THENCE TANGENT TO SAID CURVE NORTH 55°44'20 EAST, 53.12 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 100.41 FEET THROUGH AN ANGLE OF 140 23'00"; THENCE TANGENT TO SAID CURVE NORTH 41°21'20" EAST, 40.78 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 253.62 FEET THROUGH AN ANGLE OF 360 19'42"; 'THENCE TANGENT TO SAID CURVE NORTH 77°41'02" EAST, 606.59 FEET TO THE TRUE POINT OF BEGINNING OF SAID 50 FOOT WIDE TEMPORARY EASEMENT, SAID POINT BEING THE BEGINNING OF A 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE'EASTERLY ALONG SAID CURVE 43.21 FEET THROUGH AN ANGLE OF 9 ° 54' 13"; THENCE TANGENT TO SAID CURVE NORTH 8 7 ° 3 5' 15" EAST, 387.03 FEET TO THE. BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 84.60 FEET THROUGH AN ANGLE OF 19°23'20"; THENCE TANGENT TO SAID CURVE NORTH 68°11'55" EAST, 205.33 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 95.13 FEET THROUGH AN ANGLE OF 21 0 48'05"; THENCE TANGENT TO SAID CURVE EAST 102.42 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE I SOUTHERLY; THENCE 'EASTERLY ALONG SAID CURVE 107.19 FEET THROUGH AN ANGLE OF 24 0 34'02"; THENCE TANGENT TO SAID CURVE SOUTH 65°25'58" EAST, 263.37 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 130.98 FEET THROUGH AN ANGLE OF 30 0 01'08"; THENCE TANGENT TO SAID CURVE SOUTH 35°24'50" EAST, 208.31 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 93.61 FEET THROUGH AN ANGLE OF 21°27'14"; THENCE TANGENT TO SAID CURVE SOUTH 56°52'04" EAST, 351.49 FEET; THENCE SOUTH 60°50'13" EAST, 152.27 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 140.07 FEET THROUGH AN ANGLE of 32°06'08" TO A POINT ON THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, DISTANT NORTH 0°08'43" EAST, 744.12 FEET FROM THE SOUTHEAST CORNER OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 18, SAID 20.00 FOOT STRIP BEGINS IN THE EASTERLY LINE OF RANCHO AGUA HEDIONDA AND ENDS IN THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 1. PAGE 7 •••••••• •••••• . ~ .. ~\."~::: .. > ~ .. ~ :<z • . ';("'" ORDER NO. 1043792-6 12. AN EASEMENT FOR THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, REPLACEMENT, RECONSTRUCTION AND INSPECTION OF A DRAINAGE CHANNEL AND FOR THE FLOWAGE OF ANY WATER AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO FLOOD CONTROL DISTRICT ZONE I, RECORDED JUNE 22, 1971 AS FILE NO. 132730 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: . LYING WITHIN A 12 FOOT STRIP OF LAND SIX FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 24; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SECTION NORTH 0°52' 06" EAST, A DISTANCE OF 1122.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE, NORTH 83°00'00" WEST, A DISTANCE OF 200.00 FEET. THE SIDE LINE OF SAID 12 FOOT STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE IN THE EAST LINE OF SAID SECTION 24. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 3. 13. AN EASEMENT FOR INGRESS AND EGRESS AND INCIDENTAL PURPOSES IN FAVOR OF THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1, RECORDED DECEMBER 22, 1976 AS FILE NO. 76-430334 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 553 OF LA COSTA MEADOWS, UNIT NO.3, MAP NO. 7076 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE WESTERLY LINE OF SAID LOT 553, SOUTH 00°52'06" WEST, 79.62 FEET TO A POINT IN A 858.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 15°47'52" WEST, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 010 02'08", A DISTANCE OF 15.51 FEET; THENCE TANGENT TO SAID CURVE, NORTH 73°10'00" WEST, 120.00 FEET TO THE BEGINNING OF A TANGENT 858.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 42 0 55'00", A DISTANCE OF 642.67 FEET; THENCE TANGENT TO SAID CURVE, NORTH 30°15'00" WEST, 672.77 FEET; THENCE NORTH 59°45'00" EAST, 78.76 FEET; THENCE NORTH 38°30'00" WEST, 354.47 FEET; THENCE SOUTH 59°45'00" WEST, 112.00 FEET; THENCE 30°15'00" EAST, i,022.27 FEET TO THE BEGINNING OF A TANGENT 942.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°23'00", A DISTANCE OF 220.03 FEET TO A POINT IN THE BOUNDARY OF THAT LAND CONVEYED TO CARRILLO RANCHO PARTNERSHIP BY DEED RECORDED SEPTEMBER 1, 1976 AS FILE NO. 76-287140 OF OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE AS SAID POINT BEING NORTH 46°20'00" EAST, 40.83 FEET FROM THE BEGINNING OF THAT CERTAIN PAGE 8 = '. '\ ..... ~I t /{ I ~ '!' (" • ." " .. / ~ T -. ORDER NO. 1043792-6 COURSE NORTH 46 ° 2 0' 00" EAST, 82 • 83 FEET IN SAID DEED; THENCE ALONG SAID BOUNDARY NORTH 46°20'00" EAST, 42.00 FEET TO THE BEGINNING OF A NON-TANGENT 900.00 FOOT RADIUS 'CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID CURVE BEARS SOUTH ~6°22'OO" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29 0 32'00", A DISTANCE OF 463.91 FEET; THENCE SOUTH 73 ° 10' 00" EAST, 120.00 FEET TO THE BEGINNING OF A TANGENT 900.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1 0 44'50", A DISTANCE OF 27.45 FEET TO THE BOUNDARY OF SAID MAP NO. 7076; THENCE ALONG SAID BOUNDARY, NORTH 00°52'06" EAST, 43.38 FEET TO THE TRUE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUM~NT FOR FURTHER PARTICULARS. AFFECTS PARCEL 3. 14. AN EASEMENT FOR THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, REPLACEMENT, RECONSTRUCTION AND INSPECTION OF AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL AND INCIDENTAL·PURPOSES IN FAVOR OF THE SAN DIEGO FLOOD CONTROL DISTRICT ZONE 1, RECORDED DECEMBER 22, 1976 AS FILE NO. 76-430335 OF OFFICIAL RECORDS, / DESCRIBED AS FOLLOWS: PARCEL A: A STRIP OF LAND 10.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF LOT 553 OF LA COSTA MEADOWS UNIT NO.3, ACCORDING TO MAP THEREOF NO. 7076, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE ALONG THE WESTERLY LINE OF SAID LOT 553, SOUTH 00°52'06" WEST, 79.62 FEET TO A POINT IN AN 858.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 15°47'52" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 010 02"08" A DISTANCE OF 15.51 FEET; THENCE TANGENT TO SAID CURVE NORTH 73°10'00" WEST, 61.65 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"i ·THENCE NORTH 09°42'30" EAST, 50.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING SOUTH 09°42'30" WEST, 92.33 FEET TO THE BOUNDARY OF THAT LAND CONVEYED TO CARRILLO RANCHO PARTNERSHIP BY DEED RECORDED SEPTEMBER 1, 1976 AS FILE NO. 76-287140 OF OFFICIAL RECORDS OF SAID RECORDER'S OFFICE. SAID STRIP TO TERMINATE SOUTHERLY IN SAID BOUNDARY. PAGE 9 , . . • '\" , .. :>.1 E ~ I ~ ':\ . (' • ." , '/ .... I ORDER NO. 1043792-6 PARCEL B: A STRIP OF LAND 10.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT AFOREDESCRIBED POINT "A"; THENCE NORTH 73 ° 10' 00" WEST, 58.35 FEET TO THE BEGINNING OF A TANGENT 858.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 42 ° 55' 00", A DISTANCE OF 642.67 FEET; THENCE TANGENT TO SAID CURVE NORTH 30°15'00" WEST, 29.27 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE NORTH 52°32'25" EAST, 20.16 FEET TO THE TRUE POINT OF BEGINNING THENCE RETRACING SOUTH 52 °32' 25" WEST, 20.16 FEET; THENCE SOUTH 59°45'00" WEST, 88.04 FEET TO THE BEGINNING OF A TANGENT 180.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 53 0 30'00", A DISTANCE OF 168.08 FEET; THENCE TANGENT TO SAID CURVE SOUTH 06°15'00" WEST, 83.45 FEET TO SAID CARRILLO RANCHO PARTNERSHIP BOUNDARY. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND/OR/SHORTENED SO AS TO TERMINATE NORTHERLY IN A LINE THAT BEARS NORTH 30°15'00" WEST THROUGH THE TRUE POINT OF BEGINNING, AND SOUTHERLY IN SAID CARRILLO RANCHO PARTNERSHIP BOUNDARY. PARCEL C: COMMENCING AT AFOREDESCRIBED POINT "B", THENCE NORTH 30°15'00" WEST, 643.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 30°15'00" EAST, 77.55 FEET; THENCE NORTH 59°45'00" EAST, 20.00 FEET; THENCE 30°15'00" EAST, 594.72 FEET TO THE BEGINNING Of A TANGENT 838.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15 0 35'35", A DISTANCE OF 228.06 FEET; THENCE ALONG A NON-TANGENT LINE SOUTH 72°00'00" EAST, 320.78 FEET; THENCE NORTH 18°00'00" EAST, 53.85 FEET; THENCE NORTH 72°00'00" WEST, 294.33 FEET TO THE BEGINNING OF A NON-TANGENT 778.00 'FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH 44°09'25" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15 0 35'35", A DISTANCE OF 211.73 FEET; THENCE TANGENT TO SAID CURVE NORTH 30°15'00" WEST, 549.72 FEET; THENCE NORTH 59°45'00" EAST, 10.00 FEET; THENCE NORTH 38°30'00" WEST, 78.36 FEET; THENCE SOUTH 59°45'00" WEST, 78.76 FEET TO THE TRUE POINT OF BEGINNING. PAGE 10 I. •• ••••••• ORDER NO. 1043792-6 PARCEL D: A STRIP OF LAND 10.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP BEING 5.00 FEET ON EACH SIDE .OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT AFOREDESCRIBED POINT "B"; THENCE SOUTH 59°45'00" WEST, 84.00 FEET; THENCE NORTH 30°15'00" WEST, 588.72 FEET; TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE SOUTH 43°50'00" WEST, 417.74 FEET TO SAID CARRILLO RANCHO PARTNERSHIP BOUNDARY AND THE TRUE POINT OF BEGINNING; THENCE RETRACING NORTH 43°50'00" EAST, 426.06 FEET; THENCE NORTH 59°45'00" EAST, 76.00 FEET TO THE SOUTHERLY LINE OF AFOREDESCRIBED PARCEL C. SAID STRIP SHALL TERMINATE NORTHEASTERLY IN SAID SOUTHERLY LINE OF PARCEL C AND TERMINATE SOUTHWESTERLY IN SAID CARRILLO RANCHO PARTNERSHIP BOUNDARY. PARCEL E: A STRIP OF LAND 12.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP BEING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT AFOREDESCRIBED POINT "C"; THENCE NORTH 30°15'00" WEST, 387.61 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 86°15'00" EAST, 140.66 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND/OR SHORTENED SO AS TO TERMINATE SOUTHWESTERLY IN A LINE THAT BEARS NORTH 30°15'00" WEST THROUGH THE TRUE POINT OF BEGINNING. PARCEL F: COMMENCING AT AFOREDESCRIBED POINT "C"; THENCE NORTH 30°15'00" WEST, 404.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 30°15'00" WEST, 35.00 FEET; THENCE SOUTH 59°45'00" WEST, 40.00 FEET; THENCE SOUTH 30°15'00" EAST, 80.00 FEET; THENCE NORTH 59 ° 4 5 ' 00" EAST, 40 • 00 FEET; THENCE NORTH 30°15'00" WEST, 45.00 FEET TO THE TRUE POlNT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 3. 15. AN IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC RIGHT OF WAY PURPOSES, DATED DECEMBER 30, 1976 IN FAVOR OF THE CITY OF CARLSBAD UPON THE TERMS AND CONDITIONS CONTAINED THEREIN, RECORDED JANUARY 31, 1977 AS FILE NO. 77-036527 OF OFFICIAL RECORDS. PAGE 11 · , '. \1: I , •••• ( •....... ~ ORDER NO. 1043792-6 THE ROUTE THEREOF IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER. OF LOT 553 OF. SAID MAP NO. 7076; THENCE SOUTH ALONG TH~ EAST LINE OF SAID SECTION 24, SOUTH 00°52'06" WEST, 79.62 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF EL FUERTE STREET AS DEDICATED ON SAID MAP NO. 7076, SAID POINT ALSO BEING ON THE ARC OF. A 858 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 15°47'52" WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID CURVE A DISTANCE OF 15.51 FEET THROUGH A CENTRAL OF 010 03'08"; THENCE TANGENT TO SAID CURVE NORTH 73°10'00" WEST, 120.00 FEET TO THE BEGINNING OF A TANGENT 858 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE A DISTANCE OF 642.67 FEET THROUGH A CENTRAL ANGLE OF 42 0 55'00"; THENCE TANGENT TO SAID CURVE, NORTH 30°15'00" WEST, A DISTANCE OF 1281.47 FEET TO A POINT ON THE BOUNDARY OF RANCHO AGUA HEDIONDA ACCORDING TO MAP THEREOF NO. 823 FILED IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 89°26'46" WEST ALONG SAID BOUNDARY A DISTANCE OF 97.55 FEET TO A POINT ON THE ARC OF A NON-TANGENT 942.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POIN'.1j BEARS SOUTH 60 ° 57' 41" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°12'4111 A DISTANCE OF 19.92 FEET; THENCE TANGENT TO SAID CURVE SOUTH 30°15'00" EAST A DISTANCE OF 1311.51 FEET TO THE BEGINNING OF A TANGENT 942.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 220.03 FEET THROUGH A CENTRAL ANGLE OF 13°23'00" TO A POINT, A RADIAL LINE TO SAID POINT BEARS SOUTH 46°22'00" WEST; THENCE ALONG SAID RADIAL LINE NORTH 46°22'00" EAST, 42.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT 900.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, SAID CURVE BEING CONCENTRIC WITH THE LAST MENTIONED 942.00 FOOT RADIUS CURVE; THENCE EASTERLY ALONG SAID 900.00 FOOT RADIUS CURVE A DISTANCE OF 463.91 FEET THROUGH A CENTRAL ANGLE OF 29 0 32'00"; THENCE TANGENT TO SAID CURVE SOUTH 73°10'00" EAST, 120.00 FEET TO THE BEGINNING OF A TANGENT 900.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 27.45 FEET THROUGH A CENTRAL ANGLE OF 01 °44' 5011 TO A POINT ON THE WESTERLY LINE OF SAID LOT 553, A RADIAL LINE TO SAID POINT BEARS SOUTH 15°05'10" WEST; THENCE LEAVING SAID ·CURVE NORTH 00°52'06" EAST, 43.38 FEET TO THE TRUE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 3. PAGE 12 • '. • .' :: ORDER NO. 1043792-6 16. AN EASEMENT FOR PUBLIC ROAD AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED FEBRUARY 24, 1977 AS FILE NO. 77-068082 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: . -A STRIP OF LAND 60.00 FEET IN WIDTH, FOR ROAD PURPOSES LYING WITHIN PORTIONS OF THE NORTH HALF OF SECTION 1~ AND THE SOUTH HALF OF SECTION 18, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 19, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 19 BEARS NORTH 89°39'01" WEST; THENCE NORTH 86°11'20" WEST 329.50 FEET; THENCE SOUTH 15°16' 35" WEST 1410.75 FEET; THENCE SOUTH 24 °54' 09" WEST 59.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING THE LAST MENTIONED COURSE NORTH 24 ° 54' 09" EAST 59.00 FEET; THENCE NORTH 21°31'51" WEST 238.97 FEET; THENCE NORTH 18°07'34" EAST 1486.58 FEET; THENCE NORTH 15°06'41" WEST 541.75 FEET; THENCE NORTH 14°36'45" EAST 733.41 FEET; TH1j:NCE NORTH 08°16'44" WEST 369.00 FEET, /MORE OR LESS, TO A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF PALOMAR AIRPORT ROAD. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 17. A CERTIFICATE OF COMPLIANCE AFFECTING PARCEL 1 HEREIN DESCRIBED HAS BEEN RECORDED JUNE 29, 1978 AS FILE NO. 78-272812 OF OFFICIAL RECORDS. 18. AN AGREEMENT REGARDING LICENSE NOVEMBER 7, 1980, UPON THE TERMS, TO ALLOW COVENANTS, GRADING, DATED AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: RECORDED: NOVEMBER 26, RECORDS. 1980 THE DAON CORPORATION, A CORPORATION AND THE ANDEN GENERAL PARTNERSHIP. AS. FILE NO. 80-400932 OF DELAWARE GROUP, A OFFICIAL 19. AN EASEMENT FOR POLES, WIRES, CABLES, UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, PIPELINES, COMMUNICATION FACILITIES, OVERHEAD AND/OR UNDERGROUND APPURTENANCES AND GRANTEE ALSO HAS THE RIGHT OF INGRESS AND EGRESS, TO, FROM AND ALONG THIS EASEMENT AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION, RECORDED AUGUST 13, 1981 AS FILE NO. 81-258011 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PAGE 13 = • . . ~ . _ '\" ... ~I C R / ~ '=' (-• " . \ ."',-. ... ' -/ ... ,. I / ORDER NO. 1043792-6 SAID EASEMENT SHALL BE 8.00 FEET IN WIDTH, BEING 4.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE NORTHWEST. CORNER OF PARCEL 1 OF PARCEL MAP NO. 10179, FILED JUNE 27, 1980 AS FILE NO. 80-204502 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, SAID CORNER BEARS NORTH 89 °46' 50" WEST, 1248.83 FEET FROM AN ANGLE POINT IN THE NORTHERLY BOUNDARY THEREOF; THENCE LEAVING SAID NORTHWEST CORNER SOUTH 11 ° 19' 38" WEST 4.09 FEET; THENCE SOUTH 89°46'50" EAST 164.58 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING NORTH 63°26'37" EAST 17.61 FEET. SAID INSTRUMENT FURTHER RECITES: II IT IS . UNDERSTOOD BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY. II REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 1. 20. AN AGREEMENT REGARDING PUBLIC FACILITIES FEES, DATED AUGUST 13, 1981, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: RECORDED: SEPTEMBER 25, 1981 RECORDS. DAON CORPORATION, A DELAWARE CORPORATION AND THE CITY OF CARLSBAD. AS FILE NO. 81-305685 OF OFFICIAL 21. NOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED JULY 20, 1982 AS FILE NO. 82-221295 OF OFFICIAL RECORDS. 22. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NOS. 9112 AND 9461, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 23. AN AGREEMENT REGARDING THE RIGHT OF ENTRY TO INSTALL THEREIN EFFLUENT TRANSMISSION LINES FROM THE DISTRICT FACILITIES TO THE ENCINA FACILITIES, DATED FEBRUARY 8, 1984, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: SAN MARCOS COUNTY WATER DISTRICT AND CARRILLO RANCHO PARTNERSHIP, A GENERAL PARTNERSHIP. RECORDED: FEBRUARY 14, 1984 AS FILE NO. 84-055590 OF OFFICIAL RECORDS. PAGE 14 ,'\ \ \1 I. Il I ~.,. (, " ./ •• •••••••• " I :: ORDER NO. 1043792-6 REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 1. 24. AN EASEMENT TO ERECT, CONSTRUCT, RECONSTRUCT, REPLACE, REPAIR, MAINTAIN AND USE A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES, TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCE'S INCLUDING BUT NOT LIMITED TO CONDUITS AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM AND INCIDENTAL PURPOSES IN FAVOR OF SAN MARCOS COUNTY WATER DISTRICT, RECORDED FEBRUARY 13, 1987 AS FILE NO. 86-058612 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PARCEL 1: A STRIP OF LAND 20.00 FEET IN WIDTH THE CENTER LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: PAGE 15 •• ••••••• '. ORDER NO. 1043792-6 COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18 AS SHOWN ON RECORD OF SURVEY MAP NO. 9112, RECORDED AUGUST 5, 1982 AS FILE NO. 82-241289 OF OFFICIAL RECORDS IN THE COUNTY OF SAN DIEGO, STATE ~F CALIFORNIA; THENCE NORTH 0 ° 3 8 ' 45" EAST (RECORD -NORTH 0 ° 3 9 ' 5 0" EAST) ALONG THE EAST LINE OF THE WEST ONE HALF OF SAID SOUTHEAST QUARTER OF SECTION 18, A DISTANCE OF 1, 147. 55 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE NORTH" 90°00'00" WEST, A DISTANCE OF 292.90 FEET; THENCE SOUTH 14°41'50" WEST .126.13 FEET; THENCE SOUTH 62°01'14" WEST A DISTANCE OF 362.35 FEET; THENCE SOUTH 75 ° 2 4 ' 53" WEST A DI STANCE OF 202 • 53 FEET; THENCE SOUTH 54°27'44" WEST A DISTANCE OF 77.42 FEET; THENCE SOUTH 33°03'43" WEST A DISTANCE OF 126.48 FEET; THENCE SOUTH 45 ° 16' 41" WEST A DISTANCE OF 173.52 FEET TO THE BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH' A CENTRAL ANGLE OF 22 ° 13' 06" A DISTANCE OF 232.67 FEET; THENCE TANGENT TO SAID CURVE SOUTH 67°29'47" WEST A DISTANCE OF 33.72 FEET; THENCE SOUTH 07°50'47" WEST A DISTANCE OF 160.29 FEET TO THE BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23°36'24" A DISTANCE OF 247.21 FEET; THENCE TANGENT TO SAID CURVE SOUTH 31°27'11" WEST A DISTANCE OF 65.58 FEET TO THE BEGINNING OF A TANGENT 2500.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°22'08" A DISTANCE OF 539.69 FEET; THENCE TANGENT TO SAID CURVE SOUTH 43°49'19" WEST A DISTANCE OF 90.04 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°28'30" A DISTANCE OF 361.94 FEET; THENCE TANGENT TO sAID CURVE SOUTH 02°20'49" WEST A DISTANCE OF 357.49 FEET TO A POINT IN THE NORTHERLY LINE OF AN EASEMENT, 20.00 FEET IN WIDTH, GRANTED TO THE SAN MARCOS COUNTY WATER DISTRICT AND DESCRIBED IN DOCUMENT RECORDED OCTOBER 1, 1968 AS FILE NO. 170268 OF OFFICIAL RECORDS, OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR FORESHORTENED SO AS TO. TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF SAID . EASEMENT TO THE' SAN MARCOS COUNTY WATER DISTRICT AND SO AS TO TERMINATE EASTERLY IN THE AFOREMENTIONED EAST LINE OF THE WEST ONE HALF OF THE SOUTHEAST QUARTER OF SECTION l8. PARCEL 2: A STRIP OF LAND 10.00 FEET IN WIDTH, THE SOUTHERLY LINE OF SAID STRIP BEING THE NORTHERLY LINE OF THAT PORTION OF AN EASEMENT, 20.00 FEET IN WIDTH, GRANTED TO THE SAN MARCOS COUNTY WATER DISTRICT AND DESCRIBED IN DOCUMENT RECORDED OCTOBER 1, 1968 AS FILE NO. 170268 OF OFFICIAL RECORDS, OF THE COUNTY OF SAN DIEGO, PAGE 16 l I •• •-.-.... . . ORDER NO. 1043792-6 STATE OF CALIFORNIA, THE CENTERLINE OF SAID 20.00 FOOT EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWE,EN SECTION 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, AND SECTION 24, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ALL IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREO.F, DISTANT THEREON NORTH 0°03' 05" WEST 551.11 FEET FROM THE QUARTER CORNER TO SAID SECTIONS 19 AND 24, BEING POINT "A" OF THIS DESCRIPTION. REFERENCE IS MADE TO SAID INSTRUMEN~ FOR FURTHER PARTICULARS. 25. AN EASEMENT FOR TEMPORARY WORKING STRIP OF LAND, TO USE AND OCCUPY SAID TEMPORARY WORKING STRIP FOR THE PURPOSE OF CONSTRUCTING A PIPELINE AND INCIDENTAL PURPOSES IN FAVOR OF SAN MARCOS COUNTY WATER DISTRICT, RECORDED FEBRUARY 13, 1986 AS FILE NO. 86-058612 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: ONE STRIP OF LAND 15.00 FEET OF EVEN WIDTH, SAID 15.00 FOOT STRIP OF LAND LYING NORTHERLY OF EASEMENT OF RIGHT OF WAY AS DESCRIBED IN PARCEL 2 ABOVE AND TWO STRIPS OF LAND 10.00 FEET OF i EVEN WIDTH, SAID 10.00 STRIPS OF LAND LYING ON EACH SIDE OF THE EASEMENT OF RIGHT OF WAY AS DESCRIBED IN PARCEL 1 ABOVE; THENCE SOUTH 72°32'47" WEST 144.96 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE 81.62 FEET THROUGH AN ANGLE OF 09°21'11" TO A POINT ON THE EASTERLY LINE OF RANCHO AGUA HEDIONDA AS SAID RANCHO LINE IS SHOWN ON UNITED STATES GOVERNMENT SURVEY OF TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, APPROVED SEPTEMBER 17, 1915, DISTANT NORTH 02°38'10" WEST 690.82 FEET Fl{OM CORNER NO. 5 OF SAID RANCHO, BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING EASTERLY TO SAID POINT "A"; THENCE NORTH 72°32'47" EAST 425.99 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 138.00 FEET THROUGH AN ANGLE OF 150 48'48"; THENCE TANGENT TO SAID CURVE NORTH 56°43'59" EAST 48.56 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 134.26 FEET THROUGH AN ANGLE OF 33 0 17' 41"; THENCE TANGENT TO. SAID CURVE SOUTH 8 4 ° 4 8 ' 2 0" EAST 3 81. 0 8 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 236.89 FEET THROUGH AN ANGLE OF 67 0 51'51"; THENCE TANGENT TO SAID CURVE NORTH 27°19'49" EAST 70.07 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE CONCAVE SbUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 123.96 FEET THROUGH AN ANGLE OF 38 °24' 31" ; THENCE TANGENT TO SAID CURVE NORTH 55°44' 20" EAST 53.12 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 100.41 FEET THROUGH AN ANGLE OF 14 0 23'00"; THENCE TANGENT TO SAID CURVE NORTH PAGE 17 < • ~ ~ ~ .-\:'1 f: R I (" , '1 • , .~ 1991-1992 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09029 222-010-:-02 $31,597.83 PAID $31,597.83 PAID $6,058,800.00 $-0- $-0- AFFECTS PARCELS 1 AND 2. CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: AFFECTS PARCEL 1. CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: AFFECTS PARCEL 1. CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: AFFECTS PARCEL 1. 09025 222-011-06 $20,636.76 PAID $20,636.76 PAID $3,794,400.00 $-0- $-0- 09029 222-012-01 $14,416.97 PAID $14,416.97 PAID $2,738,700.00 $-0- $-0- 09029 222-012-02 $10,581.51 PAID $10,581.51 PAID $2,019,600.00 $-0- $-0- PAGE 20 •••••••• '. ; :: ORDER NO. 1043792-6 / ... ~ \ \! 1 /" I • '. , 1991-1992 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: AFFECTS PARCEL 1. CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: AFFECTS PARCEL 1. CODE AREA: PARCEL NO.: 1S'l' INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: AFFECTS PARCEL 3. CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: AFFECTS PARCEL 3. 09025 221-012-08 $3,493.~0 PAID $3,493.90 PAID $652,800.00 $-0- $-0- 09029 221-010-18 $18,068.91 PAID $18,068.91 PAID $3,488,400.00 $-0- $-0- I 09027 215-031-04 $13,431.76 PAID $13,431.76 PAID $2,499,000.00 $-0- $-0- 09037 215-030-09 $1,505.31 PAID $1,505.31 PAID $290,700.00 $-0- $-0- PAGE 21 ••••••• ORDER NO. 1043792-6 .... < \'" k, r ." ••••• ORDER NO. 1043792-6 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS. SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF SECTION 18 AND 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 2 INCH IRON PIPE WITH A DISC MARKED "RCE 941611 , ACCEPTED AS THE NORTHWESTERLY CORNER OF LA COSTA MEADOWS UNIT NO.3, ACCORDING TO SAID MAP NO. 7076; ·THENCE NORTH 0°52'06" EAST ALONG THE WEST LINE OF SAID SECTION 19, A DISTANCE OF 1337.52 FEET; THENCE NORTH 0°03'46" WEST A DISTANCE OF 565.88 FEET TO A POINT IN THE ARC OF A NONTANGENT 2000.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 8°39'55" EAST; THENCE LEAVING SAID WESTERLY LINE OF SECTION 19, EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°29'2511 A DISTANCE OF 575.62 FEET; THENCE NORTH 64°50'4011 EAST 1165.58 FEET TO THE BEGINNING OF A TANGENT 2000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21 ° 00' 00" A DISTANCE OF 733.04 FEET; THENCE NORTH 85°50'40" EAST 92.05 FEET; THENCE NORTH 4°09'20" WEST 688.38 FEET; THENCE NORTH 85°50'40" EAST A DISTANCE OF 749.94 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH 0°20'4611 EAST ALONG SAID EAST LINE A DISTANCE OF 498.91 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 18i THENCE NORTH 0°42'37" WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 291.42 FEET; THENCE LEAVING SAID EAST LIEN NORTH 16°13'0011 WEST A DISTANCE OF 1640.18 FEET TO THE CENTERLINE OF ROAD SURVEY NO. 757, PALOMAR AIRPORT ROAD; THENCE NORTH 68°33'2911 EAST ALONG SAID 'CENTERL;rNE A DISTANCE OF 802.54 FEET TO THE BEGINNING OF A TANGENT 6000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°39'0511 A DISTANCE OF ·591.81 FEET; THENCE NORTH 74°12'34" EAST A DISTANCE OF 454.40 FEET TO THE BEGINNING OF A TANGENT 3000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLYi THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°52'58" A DISTANCE OF 46.22 FEET TO THE EAST LIEN OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 18; THENCE SOUTH 0 ° 3 9' 40" WEST ALONG SAID EAST LINE A DISTANCE OF 2492.52 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE SOUTH 0°08'36" WEST ALONG THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER A DISTANCE OF 2670.01 FEET TO A 2 INCH IRON PIPE MARKED ACP 1927 ACCEPTED AS THE SOUTHEAST CORNER OF THE WESTERLY PAGE 22 •.. , , .' = ORDER NO. 1043792-6 HALF OF THE NORTHEAST QUARTER OF SECTION 19; THENCE NORTH 89°45'16" WEST ALONG THE SOUTH LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER A DISTANCE OF 1308.48 FEET TO THE NORTH-SOUTH CENTERLINE OF SECTION 19; THENCE SOUTH 0°20'46" WEST ALONG SAID NORTH-SOUTH CENTERLINE A DISTANCE OF 1336.03 FEET TO THE SOUTH'EAST CORNER OF' THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH 89°46'50" WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER TO AND ALONG THE NORTa BOUNDARY OF SAID LA COSTA MEADOWS UNIT NO.3, MAP NO. 7076, A DISTANCE OF 3097.45 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION GRANTED TO THE CITY OF CARLSBAD BY DEED RECORDED FEBRUARy 24, 1977 AS FILE NO. 77-068081 OF OFFICIAL RECORDS. PARCEL 2: THE NORTHWEST QUARTER OF THE TOWNSHIP 12 SOUTH, RANGE 3 WEST, THE COUNTY OF SAN DIEGO, STATE STATE GOVERNMENT SURVEY THEREOF. PARCEL 3: / SOUTHEAST QUARTER OF SECTION 19, SAN BERNARDINO BASE AND MERIDIAN, IN OF CALIFORNIA, ACCORDING TO UNITED ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN,'IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING NORTHERLY; NORTHWESTERLY AND NORTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 24; THENCE NORTH 89°37'47" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2635.50 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 0°42'05" EAST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2277.33 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE LEAVING SAID WEST LINE SOUTH 89°17'44" EAST A DISTANCE OF 480.00 FEET TO THE BEGINNING OF A TANGENT 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57°17'44" A DISTANCE OF 750.00 FEET; THENCE SOUTH 32°00'00" EAST A DISTANCE OF 425.00 FEET TO THE BEGINNING OF A TANGENT 700.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; . THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°20'00" A DISTANCE OF 236.20 FEET; THENCE SOUTH 51°20'00" EAST A DISTANCE OF 440.25 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAlP CURVE THROUGH A CENTRAL ANGLE OF 82°18'00" A DISTANCE OF 215.46 FEET; THENCE NORTH 46°20'00" EAST A DISTANCE OF 82.83 FEET TO THE BEGINNING OF A NON-TANGENT 900.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29°32'00" A DISTANCE OF 463.91 FEET; THENCE SOUTH 73°10'00" EAST A DISTANCE OF 120.00 FEET TO THE BEGINNING OF A TANGENT 900.00 FOOT RADIUS CURVE, CONCAVE PAGE 23 .' ... -':- / d ... \' I /, , , , •... , ••••• ., ORDiR NO. 1043792-6 NORTHERLY SAID CURVE BEING THE PROLONGATION OF A 900.00 FOOT CENTERLINE RADIUS OF EL FUERTE DRIVE AS SHOWN ON MAP NO. 7076, LA COSTA MEADOWS UNIT NO.3; THENCE EASTERLY ALONG THE ARC OF SAID 900.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE .OF 1 °44'50" A DISTANCE OF 27.45 FEET TO A POINT IN THE BOUNDARY OF SAID MAP NO. 7076, SAID BOUNDARY BEING ALSO THE EAST LINE OF THE AFOREMENTIONED SOUTHEAST QUARTER OF SECTION 24. PAGE 24 ( . ..,' '" Slldard po~erag,e Policy • "_ 'I ..I. '-.0-, ~', r • .,.... :" ... CLlA Standard Coverage": 1990 . .. ..' ~ .. () : ~:.-~.'. ~ .-.. --~ .:. " '". :' , . ' ... ... ;.., " , _ ~ -: i. 1.-~ '. " , , , ... Jo..' _ ~o( ~ , 1 , " '\~\ PolicY Number FlY 0 2 3 6 21 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, A Minnesota corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; , 4. Lack of a right of access to and from the land; and in addition, as to an insured lender only: 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; 7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The 'Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. Issued through the office of:' . OLD REPUBLIC TITLE COMPANY 1843 HOTEL CIRCLE SO., STE. 100 SAN DIEGO, CA 92108 Authorized Signature ClTA Standard Coverage Policy 1990 ORNT 1101 (619) 296-8300 Old Republic National Title Insurance Company 400 Second Avenue South V' Minneapolis, Minne .' ' ,,' " (CCfntinued from insert back.) • not be liable for any loss or damage caused tl y. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, or, if applicable, to the lien of the insured mortgage, as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any Claim or suit without the prior written consent of the Company. (d) The Company shall not be liable to an insured lender for: (i) any indebtedness created subsequent to Date of Policy except for advances made to protect the lien of the insured mortgage and secured thereby and reasonable amounts expended to prevent deterioration of improvements; or . (ii) construction loan advances made subsequent to Date of Policy, except construction loan advances made subsequent to Date of Policy for the purpose of financing in whole or in part the construction of an improvement to the land wliich at Date of Policy were secured by the insured mortgage and which the insured was and continued to be obligated to advance at and after Date of Policy. 9. Reduction of Insurance; Reduction or Termination of Liability. (a) All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of insurance pro tanto. However, as to an insured lender, any payments made prior to the acquisition of title to the· estate or interest as provided in Section 2(a) of these Conditions and Stipulations shall not reduce pro tanto the amount of insurance afforded under this policy as to any such insured, except to the extent that the payments reduce the amount of the indebtedness secured by the insured mortgage. (b) Payment in part by any person of the principal of the indebtedness, or any other obligation secured by the insured mortgage, or any voluntary partial satisfaction or release of the insured mortgage, to the extent of the payment, satisfaction or release, shall reduce the amount of insurance pro tanto. The amount of insurance may thereafter be increased by accruing interest and advances made to protect the lien of the insured mortgage and secured thereby, with interest thereon, provided in no event shall the amount of insurance be greater than the Amount of Insurance stated in Schedule A. (c) Payment in full by any person or the voluntary satisfaction or release of the in3ured mortgage shall terminate all liability of the Company to an insured lender except as provided in Section 2(a) of these Conditions and Stipulations. 10. liability Noncumulative. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the CompCJny may pay under any polJcy insuring a mortgage to which exception-,s taken in Schedule 8 or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A. and the amount so paid shall be deemed a payment under this policy to the insured owner. The provisions of this Section shall not apply to an insured lender, unless such insured acquires title to said estate or interest in satisfaction of the indebtedness secured by an insured mortgage: 11. Payment of Loss. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which clroof of loss or destruction shall be furnished to the satisfaction of the Company. • (b) When liability and the extent of loss or damage has' been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. . 12. Subrogation Upon Payment or 'Settlement. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by' any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured' claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation' involving these rights or remedies.' If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated (i) as to an insured owner, to all rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss: and (ii) as to an insured lender, to all rights and remedies of the insured claimant after tlie insured claimant shall have recovered its principa/. interest, and costs of collection. If loss shOuld result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the company's right of subrogation. (b) The Insured's Rights and Limitations. Notwithstanding the foregoing, the owner of the indebtedness secured by an insured mortgage, provided the priority of the lien of the insured mortgage or its enforceability is not affected, may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness. When the permitted acts of the insured claimant occur and the insured has· knowledge of any claim of title or interest adverse to the title to the estate or interest or the priority or enforceability of the lien of an insured mortgage, as insured, the Company shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of . subrogation. (c) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. The Company's right of subrogation shall not be avoided by acquisition of an insured mortgage by an obligor (except an obligor described in Section 1 (a)-(ii) of these Conditions and Stipulations) who acquires the insured mortgage as a result of an indemnity, guarantee, (Continued on back cover.) Ii II • (Continued from inside front cover) . estslte or interest so acquired from an insured corporation, provided the transferee is the parent or wholly-owned subsidiary of the insured corporation, and their corporate successors by operation of law and not by purchase, subject to any rights or defenses the Company may have ,against any predecessor insureds; and (iii) any' governmental agency or governmental instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgagl;!. (b) After Conveyance of Title by an Insured. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the i.nsured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from an insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to an insured. (c) Amount of Insurance. The amount of insurance after the acquisition or after the conveyance by an insured lender shall in neither event exceed the least of: (i) The amount of insurance stated in Schedule A; (ii) The amount of principal of the indebtedness secured by the insured mortgage as of Date of Policy, interest thereon, expenses of foreclosure, amounts advanced pursuant to the insured mortgage to assure compliance with laws or to protect the lien of the insured mortgage prior to the time of acquisition of the estate or interest in the land and secured thereby and reasonable amounts expended to prevent deterioration of improvements, but reduced by the amounts of all payments made; or (iii) The amount paid by any governmental agency or governmental instrumentality, if the agency or the instrumentality is the insured claimant, in the acquisition of the estate or interest in satisfaction of its insurance contract or guaranty. 3. Notice of Claim To Be Given By Insured Claimant. An insured shall notify the Company promptly in writing (i) in case of any litigat!on as set forth in 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage', as insured, is rejected as unmarketable. If prompt notice shall notbe given to the Company, then as to that insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. Defense and Prosecution of Actions; Duty of Insured Claimant to Cooperate. ' (a) Upon written request by an insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of such insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but· ORNT 1103 • only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of such insured to object for reasonable cause) to represent the insured as to those stated,causes of action a'nd shall not be liable, for and will not pay the fees of any other counset. The Company will not pay any fees, costs or expenses incurred by an insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right. at its own cost. to institute and prosecute any action 'or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or iQterest or the lien of the insured mortgage, as insured, or to prevent or reduce loss or damage to an insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of .competent jurisdiction and expressly reserves the right. in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, an insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and·all appeals therein, and permit the Company to use, at its option, the name of such insured for this purpose. Whenever requested by the Company, an. insured, at the Gompany's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest of the lien of the insured mortgage, as insured. If the Company is prejudiced by the failure of an insured to furnish the required cooperation, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue anY'litigation, with regard to the matter or matters requiring such cooperation. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by each insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of an insured claimant to provide the required proof of loss or damage, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. ' In additon, an insured claimant may reasonably be required to submit to examination under oath by any authorized representative (Continued on insert back,) (Continued from insert front.) • of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memo'randa, whether bearing a date before or after Date 'of Policy, which reasonably pertain to the loss or damage, Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of the third party, which reasonably pertain to the loss or damage. All information designated as confidential by an insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of an insured claimant to submit for examination under oath .. produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that insured for that claim. 6. Options to Payor Otherwise Settle Claims: Termination of Liability. In case of a claim under this policy, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Insurance or to Purchase the Indebtedness. (i) to payor tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant. which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to .pay; or (ii) in case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, to purchase the indebtedness secured by the insured mor.tgage for the amount owing thereon together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of purchase. and which the Company is obligated to pay. If the Company offers to purchase the indebtedness as herein provided, the owner of the indebtedness shall transfer, aSSign, and convey the indebtedness and the insured mortgage, together with any collateral security, to the Company upon payment therefor. Upon the exercise by the Company of the option provided for in paragraph ali), all liability and obligations to the insured under this policy, other than to make the payment required in that paragraph, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. Upon the exercise by the Company of the option provided for in paragraph a(ii) the Company's obligation to an insured Lender under this policy for the claimed loss or damage, other than the payment required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. (b) To Payor Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. ;.. (i) to payor otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this • policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to payor otherwise settle with the insured claimant the loss or damage provided ·for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Wpon the exercise by the Company of either of the options provided for in paragraphs b(il or bOil, the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to.be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. Determination and Extent of Liability. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. . (a) The liability of.the Company under this policy to an insured lender shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A. or, if applicable, the amount of insurance as defined in Section 2 (c) of these Conditions and Stipulations; (ii) the amount of the unpaid principal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these Conditions' and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage insured against by this policy occurs, together with interest thereon; or (iii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. . (b) In the event the insured lender has acquired the estate or interest in the manner described in Section 2(a) of these Conditions and Stipulations or has' conveyed the title, then the liability of the Company shall continue as set forth in Section 7(a) of these Conditions and Stipulations. (c) The liability of the Company under this policy to an insured owner of the estate or interest in the land described in Schedule A shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (d) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8~ Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, or otherwise establishes the lien of the insured mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall (Continued on inside cover) • • SCHEDULE A CLTA STANDARD COVERAGE -1990 POLICY NO.: FTY 023'621 138391-3 AMOUNT OF INSURANCE: $160,000.00 ORDER NO.: PREMIUM: $779.25 DATE OF POLICY: September 15,1993 @ 1:29 P.M. 1. NAME OF INSURED: JERRY J. MOFFATT and PEGGY L. MOFFATT 2. THE ESTATE OR INTEREST IN THE LAND DESCRIBED HEREIN AND WHICH IS COVERED BY THIS POLICY IS: A FEE AS TO PARCEL A AND AN EASEMENT AS TO PARCEL B 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: JERRY J. MOFFATT and PEGGY L. MOFFATT, husband and wife, as community property THIS POLICY IS VALID ONLY IF SCHEDULE B IS ATTACHED. 09/16/93 • .' SCHEDULE A CONTINUED 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: Parcel 4 of Parcel Map 1363, in the City of Carlsbad, County of San Diego, State of California according to the Map thereof filed in the Office of the COU!1ty Recorder of Sa~ Diego County, March 2, 1973. PARCEL B:, An easement and right of way for underground water pipelines, gas pipelines, television cable pipelines, public utility purposes and incidentals thereto, together with the right of ingress and egress for the purpose of installation, mafntenance and repair of such service facilities over, under, along and across' the Southeasterly 6.00 feet of Parcel 3, in the City of San Diego, County of San Diego, State of California ,as shown at Page 792 of Parcel Maps, filed in the Office of the County Recorder of San Diego County, April 21,1972. • • SCHEDULE B 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: PART I 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OF 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. • • SCHEDULE 8 PART" 1. Property taxes, including any assessments collected with taxes, to be levied for the fiscal year 1993- 1994 which is a lien not yet p~yable. 2. The Lien of Supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et. seq. of the Revenue and Taxation Code of the State of California. 3. The reCital contained on the map of said land to allow the cross-arms of poles or similar structures placed along the right of way of cert~in highways to hang over the abutting land. 4. An easement for the purpose shown below and the rights incidental thereto as reserved in a document Purpose Recorded File No. Affects telephone and/or electric poles and lines, sewer, water or/gas pipelines March 3, 1945 Book 1837, Page 425, of Official Records The exact location of said easement is not disclosed of record. 5. Improvement agreement in the public right of way recorded February 8, 1973 as File No. 73-035572 of Official Records. 6. An easement for the purpose shown below and the rights incidental thereto as 'reserved in a document Purpose Recorded File No. Affects Underground sewer pipelines, water pipelines, television cable pipelines, public utility August 31, 1977 77-356859, of Official Records described as follows: The Northeasterly 6.00 feet, the Southeasterly 6.00 feet and the Northeasterly 6.00 feet of the Southeasterly 51.00 feet, measured along the Northeasterly line thereof of said land Said easement has been granted and/or reserved in various instruments of record. 7. Easements and rights of way for, but not necessarily limited to, road and utilities and appurtenances thereto, as conveyed reserved or dedicated ,by various instruments of record. Affects: The Easement Parcel or Easement Parcels herein described. 8. An Agreement to wnich reference is hereby made for full ,particulars Dated By and Between Regarding Recorded File No. October 19, 1979 Dorene Lewis and the California Coastal Commission Irrevocable Offer to Dedicate a Driveway Easement along with Covenants and Conditions October 19, 1979 79-439664, of Official Records • • SCHEDULE B PART II (CONTINUED) 9. An Agreement to which reference is hereby made for full particulars Dated By and Between Regarding Recorded File No. * * * * * January 18, 1980 City of Carlsbad and Dorene L. Lewis Contract for Future Public Improvements February 22, 1980 80-024478, of Official Records -.' x ~ N "" N ~ ,. < .-. tI) -t ... "$ " .f ':!. ji'£ .. 5!:3.oC'" qf=:; @ ~ or -or :I'l I: §.- ~ I~ft ~ ® .n § ~f · I ~l -J sa.61 ! .J ll~J ::I .J tll~ Sl-'-llf~ ~If.l EXCLUSIONS FROM COV.E 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; liii) 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. Ib) 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: la) 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 tlie 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; Ic) resulting inno loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or Ie) 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 unenforceCjbility 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 insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. ' CONDITI.ND STIPULATIONS 1. Oefi of Terms. The following terms when used in this policy mean: la) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including. but not limited to. heirs, distributees. devisees. survivors. personal representatives. next of kin. or corporate or fiduciary suc'cessors. The term "insured" also includes Ii) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of the indebtedness except a successor who is an obligor under the provisions of Section 12(c) of these Conditions and Stipulations (reserving. however. all rights and defenses as to any successor that the Company would have had against any predecessor insured. unless the successor acquired the indebtedness as a purchaser for value without knowledge of the asserted defect, lien. encumbrance. adverse claim or other matter insured against by this policy as affecting title to the estate or interest inthe land); (ii) any governmental agency or governmental instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. or any part thereof. whether named as an insured nerein or not; (iii) the parties designated in Section 2(a) of these Conditions and Stipulations. Ib) "insured claimant": an insured claiming loss or damage. Ic) "insured lender": the owner of an insured mortgage. (d) "insured mortgage": a mortgage shown in Schedule B, , the owner of which is named as an insured in Schedule A. (e) "knowledge" or "known": actual knowledge. not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (f) "land": the land described or referred to in Schedule [AnC], and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule [A][C]. nor any right. title, interest. estate or easement in abutting streets. roads. avenues, alleys. lanes. ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (g) "mortgage": mortgage, deed of trust, trust deed. or other security instrumeht. (h) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (i) "unmarketability of the title": an alleged or apparent matter affecting the title to the land. not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described ih Schedu Ie A or the insured mortgage to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. Continuation of Insurance. (a) After Acquisition of Title by Insured Lender. If this policy insures the owner of the indebtedness secured by the insured mortgage. the coverage of this policy shall continue in force as of Date of Policy in favor of (i) such insured lender who acquires all or any part of the estate or interest in the land by foreclosure. trustee's sale. conveyance in lieu of foreclosure. or other legal manner which discharges the Hen of the insured mortgage; (ii) a transferee of tile. : (Continued on insert front) •. 0:0 REPUBLIC NATIONAL TITLE INSURANC.PANY 400 Second Avenue South Minneapolis, Minnesota 55401 (Conunued from inside back cover.) other policy of insurance, or bond and the obligor will not be an insured under this policy, notwithstanding Section 1 (a) (i) of these Conditions and Stipulations. 13. Arbitration. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of toe Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitratorts) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. ~. --• . - • Standard Coverage Policy A copy of the Rules may be obtained from the Company upon request. 14. Liability Limited to This Policy: Policy Entire Contract. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 15. Severability. In the event any proVision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 16. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at: 400 Second Avenue South, Minneapolis, Minnesota 55401 Phone (612) 371-1111 ~ '"," . . , l .. ,':\:r.:;~. ~J~ , _. .. • ~ ,~ifItot .J. " -, , , POOR QUALITY ORIGINAL (5) I , I , I ! I REC'D FROM_-'--_-.:.-J ___ '_(_· _r_l_C_.'-_--J....._: _'-__ f_' _I~_'_'_' '_~' -,':-1 _.~_-__ \_,_,_-r ___ DATE / I~ -~. j -. ACCOUNT NO.' DESCRIPTION AMOUNT " I C ( '-I i I i ,./ I :.../ ! ( I '. -I , J I 1 I, -I I -. ., , I, /" I ,'1 " I l. ,-I f ~ r-,f..., I *-I t,ct I I I I I I I I I 4216 10/08/93 00\)1 01 02 I I f' .. I':,I.".;;I." .,.d" 1\1'. , 1'''''','''( w'I""' ..... "'- I I I (~ 1-, b ' 3328 TOTAL . ~~i (I I RECEIPT NO. t $ Printed on recycled paper. REC'D FROM ,v /, , • -' " r-f~ (\ .--' -ll~ I -s -.- "-If 2709 06/11/92 0001 01 02 ACCOUNT NO. DESCRIPTION C ... PRM1AMOUNI'{h00 ~-"" ..r-\ f t) · j~ Jd ~ j":-I: . I ~. 'l.AA ~, /dDI~ -1:eAIIA .... .l /f AJ-l fJ I' .{) PlY q3~/tf\ r) I I I • . -...., I I I I I I I I I I I I I I I I .J I -I RECEIPT NO. 1283 TOTAL .;{ i I ,,"0 ) I _ <i)-Printed on recycled paper. : .:, .,' "~ ~ • • PLEASE NOTE: Time 1 imits on the processing ·of di'scretionary projects establishep by state 1 aw do not start. unt il a project app 1 i-cal ion is deemed complete by the City; the CHy has 30 calendar days from the date of appl icat ;,on submittal to determi ne whether an application is complete or incomplete .. Within 30 days of submittal of this application you will receive a letter stating whether thi's application is complete or incomplete. If it is i'ncomplete, the letter will state what is needed to make this appl ication c mplete. hen the appl icati-on iscomplete~ the processing period will start ug n the eldf t c etion letter. # . Applicant Signatu~e~~ Z:;, Staff Signature: ~ Date: /tJ-j7,-%3 To be stapled with recei.pt to application Copy for file ~. • ,Ci of Carlsbad ------~----~~----=-~-• DISCLOSURE STATEMENT APPUCANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, OR ANY APP.OINTED BOARD, COMMISSION OR COMMrrTEE. (Please Print) The following information must be disclosed: 1 . Applicant [ sses of all' persons having a financial interest in the apPIiCati~O . --f""<r:f-""-I-~~~~-"-~--4-+-.-r---tfre 29 4. e6/Zlc 1 _ Lcf/f/ftJ I 2. Owner Ust the names and addresses of all persons having ~ny ownership interest in the property involved. 1~2 q fl • (l4A /< Illt :(fl(~ I I /1 I ,) 7 7 ") I 3. If any person identified pursuant to (1) or (2)' above is a corporation, or partnership, list the names and addresses of all individuals owning more than 1,0% of the shares in the corporation or owning any partnership interest in the partnership. NcrJt:r 4. If any person identified pursuant to (1) or (2) above Is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization o,r as trustee or beneficiary of the trust. , fvOfJC FRMOOO11 4/91 ~----------------------------~--------------------~~~~~~~ 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 • • I (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes _ NO.J(.. If yes, please indicate person(s)-.;.... ____ · ___________ _ Person Is defined as: 'Any Individual, firm, copartne ... hlp, joint venture, aMOClatIon, toClal club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting .. a unit.· (NOTE: Attach additional pages as necessary.) FRMOOO11 4/91 -, • • PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Please describe fully the propos d 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 ali addendum sheet if necessary. Description/Explanation. Rev. 4/i1 ProjO •• c.frm IN eo~t:;:?-? jo\t-h:::-~~iTl\)tTl~ 'T F- Hi~L~t:::e. ~Vf;:Lb~l-../J~ c:iJf:: pt:optY-2:A\-10- j-? ~~ f-:./'l~~& ~'/ Nor To ~ct=;et7' ;~~ FEET, (~l-n-l EX.e.c=1lC:>~ To A lc.:NJEe:. :....~-Je.-:_ ~e..' A~y &,,-J·----;E r:::coH of VJ-jlGH WILL ~eQJlge N~ l0~ ~!~ THE ~l'-/C>J,A.L pF. NI~E.. ff;::ST Of . ex.1slliJ0 ~, -' . 7~ !/"...:;, -P-+.EEC-Fc:ee. NA~ ~~t'f::,lof-1 pC>~. 'A1~ t=.xc.ePT~c ~E fo!2-~E.. ~!VC W?y.~\...;Ji~. CO~~Tld~ Fo~ ~E CiT'T~ ~~-R-CET IHP-~SNE:NI0 /'f2E.! -:::-::-'JT A~D ~C:Y?E:S" iW\C:::> ~IS peCP-L I "".)e. :WILL ~K A -v'A~iAlJ::::,E. TC) "THE.. ~~. yA?-D . -:::ej~ ,~~D 12'~6.L1 ~~E~ ~~. A ~'v)E-!2-LA-rE~L C.~'-:--c:-'iN0 -TI-JE. ~L, . .. - . . ~c-.--..,. , !/' -..-.--.. .--R]-L )~ ; /~ ! . --.:;:...' . \_....-~ I .... -.. -....--i-::tF ~.~ ~, 4---" :"""""'t .-~ I" ,,~___ \~ "---t--.. r ~ • I 1)0.. Jr-I-A--:Tl~ -nl~, \J0.:.l ? i t= ! C;--1 :{! Y ~ ~ i...,ir-'I. r--I . I! J rv-i . ~, I I '-'. I I '''''''i-r-- -=::.-' f --. ,,' , ,,:;'--- RECOR~ING REQUESTEa AND WHEN RECORDED MAIL. TO: City Clerk . CITY 'OF CARLSBAD . 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 (name of aeveloper-own~r) ) ) ) ) ) ) ) • a 1\ ) [ 4-, hereinafter referred to as "Developer" whose address }-, (corporation, partnership, etc.) ) is .Jr,,'). .' /.1: (street) J and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008- 1989. WIT N E SSE T H: WHEREAS, Developer is the owner of the real property described on Exhibit "AM, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and . / WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proR,osed a development project as follows: _____ _ A SAY ~\{ [' 'ff'htt,(tq fov J2e!"J.&. ~ on said Prope ,which development carries the proposed name of ________ _ " IV''-~----) ,a;;r-: -c e . Form Approved By City Council July 2, 1991 Reso # 91-194/KJH 1 and is hereafter referred to fDevelopmen\"; and • r; ['\ WHEREAS, Developer filed on th~ 7..'1 W day of c' Cf'l7J:'~,J..,lA:;/C.-r--<' /) , with the City a request for -4*6,(C~ flu.!! f L h( /{e:S> OcvJCc-[I I I ,19.12 I _______ ---,... ______________ hereiriafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 2, 1991, on file with the City Clerk and incorporated by .this reference, and that 'the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the Mure needs of the Development as it is presently proposed; but the Developer is aware that the City ca~not and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council POlicy No. 17 by payment of a public facilities fee. . NOW .. THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agrH as follows: 1 . The Developer shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures ·to be co.nstructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other Construction permits for the development and ~hall be based on the valuation at that time. This fee 'shall be in addition to any fees, dedications or improvements required pursuant Form Approved , By City Council July 2, 1 get Rae> # 91·194/KJH 2 • • to Titles 18, 20 or 21 of the Carl,sbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiu{Tls in an amount not to exceed 3.5% of the building permit valuation at the time of conversion. The fee for a condominium conve'rsiofl shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permir and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development'is intended. Developer shall pay the City a public, facilities fee in the sum of $1 ,150 for each mo~ilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required accordJng to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or ,sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall be- come a part of this agreement.' Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the conSistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall Form Approved By City Council July 2. 1991 ReIO # 91·1SM/KJH 3 • • be issued until the public facilities fee required by this agreement is pa,id. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Counci.1 determines the need 'exists to provide the facilities' and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public , ' facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Request made by Developer is not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated' and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever I.Jnlessserved in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositrng same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and ·certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as many have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall' apply to, the respective successors and assigns of Developer and City, and references t9 Developer 'or City herein shall be deemed to be a reference to and include their respective " successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall Form Approved By City Council July 2. 1991 RMo # 91·194/KJH 4 • • terminate; provided, however, that any successor to Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien·or security interest in the Property. When-the obligations of this agreement have been satisfied, City shall record a release. Form Approved By City Council July 2, 1991 Rete # 91-194/KJH 5 • • IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: ./ -'j·--/I . .j 'I/~~ .. /. . .1 I/. ... , -I By!." ! !lLIA::=<:-I! ~ (/ -------tsig.Ii'ature) ~. >r ! . .I' !. ' , >;./'/'j.,f \, / I!I~ (prtnt name) A' ,/, I ··fL :J ()v/Vt; (title) ATTEST: ALETHA L RAUTENKRANZ, City Clerk APPROVED AS TO FORM: RONALD R. BALL, City Attorney By ____ ~-----------------Deputy City Attorney CITY OF CARLSBAD, a municipal corporation of the \ State of California - By ________________ __ MARTIN ORENYAK for City Manager (Notarial acknowledgement of execution 6f DEVELOPER-OWNER must be attached.) Form Approved By City Council July 2, 19Q1 Reeo # 91-1SM/KJH 6 • • • PARCEL A~ , __ EXHIBIT -A- LEGAL DESCRIPTION e, . Parcel 4 of Parcel Map 1363, in the City of Carlsbad, County of San Diego; State' of California according to the Map thereof filed in the Office of the County Recorder of San Diego County, March 2, 1973. PARCEL '8: An easement and right of way for underground water pipelines, gas pipelines, television cable pipelines, public utility purposes and incidentals thereto, together with the right of ingress and egress for the purpose of installation, maintenance and repair of such s~rvice facilities over, under, along and across the Southeasterly 6.00 feet of Parcel 3, in the City of San Diego, County of San Diego, State of California as shown at Page 792 of Parcel Maps', filed in the Office of the County Recorder of San Diego County, April 21, 1972. . Form Approved By City Council July 2, 1991 Reao # ;l·l;4!1<JH ' / :' 7 • •' ~ .u.&,....uUOSI ACANO'llLlDGMa .. T On personally appeared-----..;;;;~' ~' r:' 7r:-.::-='+::±::dMr...,....!.t'~lf~Yt~, O~r\.~~~~-I...J...\::~~--.I.........£._ lD o personally known to me • 0 SSSSSSSSSSSS5SSS5 SSSS ! i 55 C COAPOAAT! ____ _ C ATTCANEY·IN·FACT C 'nItUSTIE{Sl C suescR1l1NG wrT'NESS C GUAAOtANICONSERVATQA C OTHI .. : ______ _ cecc CLLccccca •• ~'~'l' '. , , '} ... .-' ~ 't.-, '<" \ '.' HILLSIDE DEVELOPMENT P~ OR , HILLSIDE DEVELOPMENT PERMIT AMENDMENT INFORMATION SHEET GENERAL INFORMATION This sheet generally explains how your Hillside Development Permit (HDP) will be processed. If you have any questions after reading this, please call the Planning Department at 438-1161 or review Chapter 21.95 of the Carlsbad Municipal Code and the' Hillside Development Guidelines. When a Hillside Development Permit is needed: A Hillside Development Permit (HDP) is required when development is proposed on land with a slope gradient of 15% or greater and a slope height of greater ~an 15 feet. Development means building, grading, subdivision or other modification of a hillside area. ' , , It,is highly recommended that you, as an applicant: 1) review Chapter 21.95 and Chapter 11.06 of the Carlsbad Municipal Code (The Hillside Ordinance, Excavation and Grading); and 2) discuss the Hillside Development with a City Planner before submitting an application for a Hillside Development Permit. The Hillside Development Permit should be submitted concurrently with any permit or application for development of a Hillside area. How your Hillside Development will be Processed Generally the steps involved in reviewing yout Hillside Development Permit application are as follows: 1. A Hillside Development Permit application is submitted to the Planning Department at 2075 Las Palmas Drive. The application ~ be submitted with and reference any other permit application such as a buil~g or grading permit, tentative map, etc. All maps submitted shaD. be folded to 8-1/2-x 11-. Information items required: ~. A completed Land Use 'ReView Application Form. v b. Five (5) copies of the slope analysis -Include north arrow and scale (see Section 21.95.020 of Carlsbad's Municipal Code), The slope analysis should be the same scale as the site plan and grading plan. Acres % Identify slopes (1) o to less than 15% slope ~ ](,g, ,1'. Olf V ,7 (2) 15% to less than 25% slope E11 10 f(f"' ·0 L1 (3) 25% to 'less than 40% slope 0' 41'99 D:?br oo (4) 40% or greater slopes Ii 90~ 0/' Indicate the acreage of land in each slope category TOTAL J.t.S26f J'.f.' 100% FRMOOOll 10/92 Page 1 of 5 Jc. % • = Vertical Distance x 100 Horizontal Distance •• (Distance between contour intervals) Five (5) copies of the slope profile(s) -Include vertical and horizontal scale . . A minimum of three (3) slope profiles (slope cross sections) shall be provided and indexed on the constraints map. See Section 21.95.020(b) of the Carlsbad Municipal Code for additional requirements. Assurance of slope analysis and slope profile accuracy. Both the slope analysis and slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer or land surveyor indicating the datum, source and scale of topographic data used in the slope analysis and slope profiles, and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified. Five (5) copies of a preliminary landscape plan on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size. The scale should be consistent with all other exhibits. Each landscape plan shall contain the following information: C) ( 1) 0'( 2) 0(3) /(4) b (5) 0(6) Landscape zones per the City of Carlsbad Landscape Manual. Typical plant species, quantity of each species, and their size for each" . planting zone in a legend. (Use symbols). An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. Landscape maintenance responsibility (private or common) for all areas. Percent of site used for landscaping. Water Conservation Plan. . f. Show with a site plan, grading plan, landscape plan, and building plans and elevations how development fulfills the following Hillside Development and Design Standards (21.95.060). Submit five (5) sets of each plan. ( 1) ( 2) ( 3) ( 4) , (5) ( 6) ( 7) ( 8) ( 9) (10) Coastal Zone Requirement (if applicable). Contour grading. Area or extent of grading. To define the area or extent of grading, the area in acres, of both cut excavation and fill areas shall be calculated. This calculation shall be noted on the particular cut or fill area. . Screening graded slopes .. View preservation and enhancement. Roadway design. Hillside architecture. liUltop architecture Hillside drainage Man-made slope height and volume of grading cut or fill. Volume of earth moved for cuts and fills shall be minimized. The larger volume of the total cut or total fill volumes divided by the total area in acres that is cut and filled (that is graded) shall equal the volume of hillside grading for this chapter. The relative acceptability of hillside grading volume shall be determined by the following: FRMOOOll 10/92 , Page 2 of 5 /g. J~e~~ V'i Jj. .Cubic Yards of Cut or Fill -Grading per Acre of Cut ~d Fill Area (in Acres) ° -7,999 Cubic yds./ acre 8,000 -10,000 Cubic yds./acre > 10,000 cubic yds./acre .tive Sensitivity of Hillside Grading Volume Acceptable Potentially acceptable Unaccep.table (11) If Sections 21.95.060(c)(2) and 0)(4) of the Carlspad Municipal' Code are applicable to the proposed project please provide the written findings required by those sections. (12) Potential development and design standard modification. If requesting a modification to the development and design standards pursuant to Section 21.95.070 provide the necessary findings and plans required by that section. ' Environmental Impact Assessment Form (separate fee required). Public Facility agreement: Two (2) copies: One (1) notarized original, and one (1) reproduced copy. (separate fee required). A completed "disclosure statement". Three (3) copies of a preliminary title report (current within the last six (6) months). . If Hillside Development Permit is not accompanied by any other permit, also include the following information on slope analysis: location, slope and width of driveway, building setbacks, location of any retaining walls and drainage systems. 2. A Planning Department counter person generally checks your application for completeness. If your application is incomplete, it cannot be accepted. If your application appears complete, it is accepted. 3. The 'Hillside Development Permit application is typically reviewed, processed, and approved concurrent with the first permit or application you may have with the City for that hillside area. 4. For approval of a Hillside Development Permit the following findings must be made: a. That hillside conditions and undevelopable areas of the project have been properly identified. b. That the development is consistent with the purpose, . intent and requirements of the Hillside Ordinance to: ( 1) Assure hillside alteration will not result in substantial damage or alteration of significant natural resource areas, wildlife habitats or nativ~ vegetation areas; ( 2) Preserve the natural appearance of hillsid~s by assuring that development density and intensity relates to the slope of the land, , and is compatlble with hillside preservation. FRMOOOll 10/92 Page 3 of 5 • ( 3) Assure proper design is utilized in grading, landscaping, and in the development of structures and roadways to preserve the natural appearance of hillsides. ( 4) Preserve and enhance a. healthful and aesthetically pleasing environment by assuring that hillside development is pleasing to the eye, rich in variety, highly identifiable, and reflects the City's cultural and environmental values. ( 5) Assure hillside conditions are properly identified and incorporated into the planning process. ( 6) Implement the intent of the land use and open space/conservation elements of the Carlsbad General Plan. ( 7) Prevent erosion and protect the lagoons from excessive siltation. ( 8) Encourage creatively designed hillside development requiring a minimal amount of grading. ( 9) Reduce the intensity of development on hillside areas to ensure all development that does occur is companble with the existing topography. c. That hillside development is consistent with the Hillside Development and . Design Standards (21.95.60) and substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual. d. That development is consistent with the provisions of Section 21.53.230 and 240 of. the Carlsbad Municipal Code. . Submit a completed "Project Description/Explanation" sheet. Deposit for Publication of Notices -See Fee Schedule for amount. FRMOOOll 10/92 Page 4 of 5 PROJECf NUMBER _SIDE DEVELOPMENT PERMIT CHE~ COMMENTS 1. Land Use Review Application Fonn 2. Slope AnalYSis (5 Copies) 3. Slope Profile (5 Copies) 4. Environmental Impact Assessment Fonn (Separate Fee required) 5. Site Plan. Grading Plans. Preliminary Landscape Plan. Building Plans. Elevations (5 each) 6. Disclosure Statement 7. Title Report (3 Copies) 8. Application Fees. (Planner to include Application Number and Account Number on receipt) 9. PPP Agreement (2 Copies) (Separate Pee Required) The original PPF Agreement with the application number written in the lower right hand corner and one copy of the title report must be sent to the City Clerk's Office by the Planning Department for review and recordation) 10. Planner to date stamp the application materials and plans. Application materials must be given to data entry as soon as possible on the same day they are submitted. DATE _______ _ SIGNATURE _______________ _ ,FRMOOOll 10/92 Page 5 of 5 • PROJECT DESCRIPTION/EXPLANATION -PROJECT NAME: APPLICANT NAME: ----'-_~_.,---________________ _ 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. Rev. 4/81 ProjO •• c.frm • City of Carlsbad .:a f¥'h';'U·'-24·gu;;,fA hi DISCLOSURE STATEMENT APPUCANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: 1 . Applicant Ust the names and addresses of all persons having a financial interest in the application. 2. Owner' . . Ust the names and addresses of all persons having any ownership intere~t in the property involved. . . 3. If any person ident~ed pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust.' . FRMOOO11 4/91 -2-0-7-5-L-a-s-P-·-a-lm-a-s-D-ri-v-e-":'-. -C-a-rl-s-b-a-d-, -C-a-l-if-o-r-n-ia-9-2-0-0-9---1-5-7-6--.-(-:-6-1-:-9:-:)~4-=3-=8~--:-1-:-1-=6-:-1 @ ., (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No If yes, please indicate person(s) ________________ _ Person is defined as: 'Any Individual, firm, copartner.hlp, joint venture, UIOCiation, eoclal club, fraternal organization, corporation, eatate, trust, receiver, syndicate, thll and any other county, city and county, city municipality, dl8trlCt or other political lubdivlslon, or any other group or combination acting as • unit.' (NOTE: Attach additional pages as necessary.) Signature of Owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant FRMOOO11 4/91 PLANNING DEPARTMENT ADMINISTRATIVE POLlCY fences • Polil.j' No. 21 EITcctive Date 3/12/90- DEFINITIONS I. ., 4. s. F~IICC • ,\ \crtical barrier or cnclusurc CllllSlructcJ of any material which supports no othcr loaJ othcr lhan its 0," n weighl. W,ill . A solid fence . Retaining Wall - A wall designed to resist the lateral displacement of soil or other materials: said materials being substantially Gqualto the height of the wall. The term "wall" in Section 21.46.iJO of the Zone Code [lnd other applkable sections of the code shall be interpreted to mean retaining walls in addition to solid fences. Saktv Railing. An open fence not to exceed Jo" in height. The said openings. hd\~een the lIIatl.!rials of which the fence is constructed must not represent less than . 7U percent of the total surface of each five loot linear section when viewed perpendicular to the face of the fence. The total height of all walls. fences. retaining walls. and combination fence/retaining walls in a required setback shall not exceed the following limits: A. In a requiretl front yard setback. the total height shall not cxceed 42 inches. (Example -Two 42 inch retaining walls would not be permitted nor a 42 inch rctaining wall and another 42 inch fence). B. In a required side and rC[lr yim! setback. the total height shall not exceed 6 feet. (Example - A 4 (t. retaining wall and a 5 ft. fence would not be permiLLed because the total exceeds 6.ft). c. Upon approval of the Planning Director. the total height shall not exceed 6 feet in a required street side yard. Otherwise. the to.tal height sh~ll not exceed 42 inches in a street side yard. (This includes all combinations of fences and retaining walls). D. A 36 inch safety railing is rcquireQ on top of all retaining walls that exceed a height of 3 fcet. The maximum height of the railing shall be 36 inches and must conform to the definition or" a safety railing. APPROVED BY: ~~a:L MiCHAELJ.. LimER Planning Director JG:af A. •• PLAN REVIEW CHECKLIST APPLICABLE POLICIES AND ORDINANCES Before beginning specific review of a development proposal, first check the following list to see if there sre any special policies or ordinances applicable to your project. /1. 2. COMPLIANCE WITH THE GENERAL PLAN v Guidelines/Policies I 5.f. dt.J'(/{ Growth Control Point '7 Density Proposed (du/ac) ..,/ Justification is Proposed Above ~ow End of the Density Range. GROWTH MANAGEMENT (See Grading for more Specific Listings) -L Zone Plan (LFMP) Zone Plan Conditions J Assessment Form 90rs:f. Constrained Acreage Gross Density (du/ac) Net Density (dulac) . ~ 3. riA 4. 5. 7. ENVIRONMENTAL Previous Environmental Assessm~nt Part I Previous EnVironmental Assessment Part /I Adequate Baseline Data Studies "Naked Checklisf from MJH dated 3127190 ___ Mitigation Monitoring Info Articles EIR Approval On Site EIR Mitigation Monitoring HILLSIDE ORDINANCE (See Grading/Hillside Below) V t?.fkcJl..(. Situ';" ~ , I (.(j-~/.<JI. .pr"fJ~ (cJ1:A/O) J 8. INTERIM OPEN SPACE ORDINANCE Equal or Greater Area Equal or Greater Environmental Quality Boundary Modification Made to Enhance Environmental Area Adjusted OS is Contiguous or close to OS Shown on.lnterim OS Map. Modification Necessary to Preserve Sensitive Area at a 2: 1 Ratio. Comprehensive Open Space Network Map r., "'i J ,~ 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. ARCHAE.Y MAP IN' BOBBIE HODER'S OFFICE .~ \ 3 0 SUBDNISION ORDINANCE I./j)r PLANNED DEVELOPMENT ORDINANCE (See PUD's Below) Ne- ADMINISTRA TNE POLICIES NATURAL RESOURCE MAP EL CAMINO REAL CORRIDOR STUDY Nft . . SCENIC CORRIDOR GUIDELINES tI~ NORTH BEACH STUDY AREA Nf-" Guidelines AGUA HEDIONDA LAND USE PLAN J ()h-CU\~ d--....I) FLOOD PLAIN OVERLAY C FEMA Flood Zone 19. TRAILS FEASIBILITY STUDY (~ b,l"-e /P{J ~ ,;' 11. > "-17' ) \ ""'1 l' • sf -w"/ ) .I?~ Location 1'n /1 ? ,,~ Staging Areas 4.:' r v .... J e;..(."J" ra. (j,<. J. {". 20. NOISE POLICY ~ G.P. Noise Contour Map and Listing of CNEL for Major Streets /IJf' McClellan Palomar Comprehensive Land Use Plan (CLUP) 21. s at Front Counter to ct IS covered by a Prior Specific/Master Plan or other Discretl -Su' 0 prior Conditions of Approval or 22. BLACK TAILED GNATCATCHER STUDY 2 Listed below are other which may help When you are a project, but do not hesitate to look up further information because this list may not be all inclusive. B. ZONING ORDINANCE 1. R1 Zoning Designation 2. PI.. Permitted Use 3. JJ{) CUP Needed 4. 16( ~b I s.~. Lot Size 5. (D~.a:t(lO,"l-LotDepth " 6. ~I> Lot Coverage 7. 5, 2J'I Building Square Footage 8. !:i!L I Front yard Setback 9. 20 I Rear yard Setback 10. J.Q!. Side yard Setback 11. ...fJJ6.. 1 0' SeeN~tion Between Habitable Structures 12. Z2'Xz.z'"," E,.t3ar~eawidth 13. JLf:.jL>-I"D"1Building Height" 14. "_ Floor Area Ratie 15. ADM Existing Encroachments 16. ~ Existing Non-Conformancies 17. _"" Fencing Non-ConformanCles" 18. L'fZL Trash Enclosures C. PUD'S 1. 2. aI 3. 4. 5. 6. 7. 8. 9. 10. 11. -12. 13. 14. 15. 16. 17. 18. 19. 20. 3 D. GRADING / HILLSIDE 1. JtIIre Ordinance/Permit 2. ~ntsMap 3. Cut and Fill Map 4. Soils and Geotechnical Studies Needed 5. Peer Review Needed 6. Design Standards Implemented Slope Contouring/Undulation No Slopes Longer than 200' Cut and Fill Slopes Screened Distance From Top of Slopes 7. 8. Hillside Architecture Follows Natural Slope All Natural Drainage Maintained Daylight to Natural Grades Grading Amounts Overall Grading Amounts Per Acre _ Gross _Net 0-15% Slopes· 15 -25% Slopes 25 -40% Slopes 40% + Slopes E. PARKING / STREETS F. 1. Alignment/With Surrounding Roadways 2. Acceptable Distance Between Roadways/Driveways 3. Parking Spaces Required 4. Parking Spaces Provided 5. % of Compact Spaces Provided 6. Size of Spaces 7. Handicap Parking 8. 24' Backup Distance 9. 5' Bumpout at End of Aisles 10. Driveway Width 11. Compliance with Driveway Policy 12. Throat Distance 13. Compliance with La $cape Guidelines for Parking Lots. ed on Manufactured Slopes But Must Follow Hillside Design Approved on Tentative Map 4 ADL:lh p/ErteI.J& PROJECf NUMBER / . 1. -Land Use ReVlew Application Fonn 2. Slope Analysis (5 Copies) /3. Slope Profile (5 Copies) 4. Environmental Impact Assessment Fonn (Separate Fee required) 5. Site Plan. Grading Plans. Prelimincuy Landscape Plan. Building Plans. Elevations (5 each) 6. Disclosure Statement ~ 7. Title Report (3 Copies) 8. Application Fees. (Planner to include Application Number and Account Number on receipt) ~9. PFF Agreement (2 Copies) (Separate Fee Required) The original PFF Agreement with the application number written in the lower right hand comer and one copy of the title report must be . sent to the CitY Clerk's Office by the Planning Department for review and recordation) 10. Pianner to date stamp the application materials and plans. Application materials must be given to data entty as soon as possible on the same day they are submitted. DATE _______ _ SIGNATURE ______________ _ .FRMOOOll 10/92 Page 50f5 'f''-I ! ill, I' • ~ PREUMINARY REVIEW APPLICATION PR~JECT NAME: tl\o~\-\-Keo\devtw APPUCANT NAME: ~ • .J.. ~~ MAILING ADDRESS: 210 G0j ==~~~. CA~Q PHONE NUMBER: &-:,\4 4S4 I. i 4' [7 ' PROJECT ASSESSOR'S PARCEL NUMBER(S) (APN): 20(0 I ) ~. '~l DESCRIPTION OF PROPOSAL (ADD ATTACHMENT IF NECESSARy): Wt:::.W ~W(c:L~ pAt--<\tG¥ t;c..,)E:LL..DJe::? WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF PLANNER/ENGINEER? ,PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO REGARDING THIS PROJECT. IF NONE, PLEASE SO STATE. ' td \t-E. C;;?e.)}::=s1 -~~N\~(c;1 ~?r FOR CITY USE ONLY q PROJECT NUMBER: W q3 -\ . ~ FEE REQUIRED/DATE FEE PAID: ~\2-VfP? / G -1/--q3 RECEIPT NO.: ~~ , RECEIVED BY: ,Jii~ • • Loffelstein® Retaining Walls San Diego Zoo, San Diego Del Mar Plaza, Del Mar Pelican Hills Golf Club, Newport Beach • Loffelstein® The attractive, plantable and versatile retaining wall The Loffelstein ® retaining wall system is based on attractive precast concrete units that stack and interlock by friction to create a gravity style retaining wall. Concerns for the environment are met by this plantable wall. The graceful designs that can be achieved by building the wall in convex or concave curva- tures, as well as terraced, and planted with a variety of flowers or ivy, makes it a truly living wall. The wall becomes an integral part of the landscaping and overall environment. As with any gravity structure, the geometry, the backfill quality and the weight of the wall are the primary varia- bles that the design engineer has to work with. The wall may not be built steeper than 70 degrees from the horizontal and most applications are at this inclination. Less inclination may be used depending on local conditions. Geogrid reinforced backfill soils may be used for excessive heights, as well as for solving slope stability problems. The simplest foundation is to embed the first courses of Loffelstein®blocks below the exposed bottom of the wall. Concrete footings are required for walls over 6 feet unless geogrid reinforcement is used. SOIL .,......-... RETENTION SYSTEMS ConI. Lie. 516900 Licensee for Southern California, Arizona and Southern Nevada Soil Retention Systems, Inc. 6102 Avenida Encinas, Suite J Carlsbad, CA 92009-1005 619/931-6541 or 800/346-7955 Loffelstein ® advantages • • * * * • Easy to install and maintain No maintenance costs such as paint and stucco Durability of strong concrete Positive drainage, no water build-up behind the wall Environmental structure that can be planted with all types of vegetation and ground cover Easily allows for a variety of inclina- tions from 40° to 70° and concave or convex curvatures. Specifications Weight per block: 120lbs Square foot per block: 1.25 Slope of wall 40°-70° 1-1.96"~ Width: 17.71" r"~ J 19.68" ----0( 0:: 0( CD a.. 00 a: <!I r_ 0( a.. >-\Ll ~o ON \/1>0<: w CO \/1 00.. a.. « cr: ::I: ~<I) 187 ~ a:: Zo W<I) '" '" VlUJ Vl<l) w'" ~« « >-® cr ..... OZ ... ::::> 0 o u Wo &C!' (E) « UJ w'; -~ 0 " / ft