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HomeMy WebLinkAboutHDP 99-11; RANCHO CARRILLO VILLAGE "L"; Hillside Development Permit (HDP)O CITY OF CARLSBAD 0 LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) —I (FOR DEPARTMENT USE ONLY) Administrative Permit - 2nd Dwelling Unit Administrative Variance LI Coastal Development Permit Conditional Use Permit (FOR DEPARTMENT USE ONLY) Planned Industrial Permit LI Planning Commission Determination Precise Development Plan J Redevelopment Permit N I Condominium Permit Environmental Impact Assessment 11 General Plan Amendment fl Hillside Development Permit Cf9O5 fl Site Development Plan LI Special Use Permit II] Specific Plan L Tentative Parcel Map Obtain from Engineering Department Tentative Tract Map LI Variance LI Zone Change List other applications not specified Local Coastal Plan Amendment Master Plan Minor Amendment F-1 Non-Residential Planned Development Fj Planned Development Permit '3 I 17cf- / / I 2) ASSESSOR PARCEL NO(S).: 222-010-44 (portion) 3) PROJECT NAME: Rancho Carrillo Village "L" 4) BRIEF DESCRIPTION OF PROJECT: 82 Condominium units on 5.3 acres 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) Continental Ranch, Inc. D.R. Horton San Diego, Inc. MAILING ADDRESS MAILING ADDRESS 2237 Faraday Avenue, Suite 100 1010 South Coast Highway, Suite 101 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92008 (760) 931-1980 Encinitas, CA 92024 (760) 634-6700 I CERTIFY THAT I AND THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AND THE LEGAL REPRESENTATIVE OF THE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND KNOWLEDGE. CORREJT01 THE BEST OF UY KNO LEDGE. S SIGNATURE David A. Lother DATE SIGNATURE John D. Kerr, Jr. DATE 7) BRIEF LEGAL DESCRIPTION A division of all that portion of Sections 18 and 19, Township 12 South, Range 3 West, S.B.M. NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE IOF2 k:'appIicatons375\0741fOrTfl 16.doc 8) LOCATION OF PROJECT: 16 0 ______________________________ STREET ADDRESS ON THE East SIDE OF Melrose Avenue (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN Future Carrillo Way AND Palomar Airport Road (NAME OF STREET) (NAME OF STREET 9) LOCAL FACILITIES MANAGEMENT ZONE 1 18 10) PROPOSED NUMBER OF LOTS 11) NUMBER OF EXISTING 1 RESIDENTIAL UNITS 12) 0 PROPOSED NUMBER OF RESIDENTIAL UNITS 82 13) TYPE OF SUBDIVISION 14) PROPOSED IND OFFICE/ Res SQUARE FOOTAGE 15) N/A PROPOSED COMM SQUARE FOOTAGE N/A 16) PERCENTAGE OF PROPOSED 17) PROPOSED INCREASE IN PROJECT IN OPEN SPACE 45% ADT 18) 656 PROPOSED SEWER USAGE IN EDU 82 19) GROSS SITE ACREAGE 20) EXISTING GENERAL 5.3 PLAN 21) RH PROPOSED GENERAL PLAN DESIGNATION RH 22) EXISTING ZONING 23) PROPOSED ZONING PC PC 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBER OF THE CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTR FOR THIS PURPOSE SIGI\I'ATURE David A. Lother FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED RECEIVED APR 19 1999 CITY OF CARLSBAD DPIANNINGFDJN RECEIVED TOTAL FEE REQUIRED KfAw~l - DATE FEE PAID RECEIPT NO. Form 16 PAGE 2 OF 2 k.\applications\1375\074\fonhl 16.doc S C Hof man Planning Letter of Transmittal As s o c lates S S Planning Project Management Fiscal Analysis Date: November 4, 1999 Project: Rancho Carrillo - Village L Delivered by: HPA Attention: Jeremy Riddle cc. Van Lynch / PLANNING DEPARTMENT CRY Of Carlsbad v . Message: Per our discussion, attached is a copy of the latest Preliminary Title Report for Village L of the Rancho Carrillo Master Plan. We expect that a revised report will be available within the next week or two which will have an updated legal description and will show D.R. Horton San Diego Land Holding Company as the owner. As soon as I receive the updated report I will get a copy to you. In the meantime, if you have any questions or need any additional information please call me at 438-1465. From: StUa4't7k 5900 Pasteur Court • Ste 150 • Carlsbad • CA • 92008 • 760-438-1465 • Fax 760-438-2443 . I (*" CHICAGO TITLE COMPANY PRELIMINARY REPORT Dated as of: October 20, 1999 at 7:30 AM Reference: VILLAGE L Order No.: 93100132- U57 CHICAGO TITLE 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 hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Visit Us On The Web: westerndivfsion.ctt.com Title Department: nN CHICAGO TITLE COMPANY 925 "B" STREET SAN DIEGO, CA. 92101 (619)544-6291 fax: (619)696-0046 Betty Thurman TITLE OFFICER PFP --08/05/99bk SCHEDULE A Order No: 93100132 1357 Your Ref: VILLAGE L 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: CONTINENTAL RANCH, INC., A DELAWARE CORPORATION FORMERLY KNOWN AS RANCHO CARRILLO, INC., A DELAWARE CORPORATION 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: LOT 240 OF CARLSBAD TRACT NO. 93-04 RANCH CARRILLO VILLAGES "L" AND "M" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13838 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 23, 1999. -10/31/97bk . SCHEDULE B Page 1 Order No: 93100132 U57 Your Ref: VILLAGE L At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. WE ARE UNABLE TO PROVIDE TAX FIGURES DUE TO THE FACT THAT THEY HAVE YET TO BE ASSESSED BY THE COUNTY TAX ASSESSOR. WE WILL SUPPLEMENT OUR REPORT WHEN THE APPLICABLE INFORMATION BECOMES AVAILABLE. 13 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. C 3. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: FEBRUARY 8, 1984 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 REGARDING: THE RIGHT OF ENTRY TO INSTALL THEREIN EFFLUENT TRANSMISSION LINES FROM THE DISTRICT FACILITIES TO THE ENCINA FACILITIES REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS D 4. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN BY AND BETWEEN: DEVELOPER-OWNER AND THE CITY OF CARLSBAD RECORDED: APRIL 14, 1993 AS FILE NO. 1993-0228560, OF OFFICIAL RECORDS REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS E 5. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: JULY 13, 1993 BY AND BETWEEN: RANCHO CARRILLO, INC., AND THE CITY OF CARLSBAD RECORDED: NOVEMBER 5, 1993 AS FILE NO. 1993-0745429, OF OFFICIAL RECORDS REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS F 6. THE FACT THAT SAID LAND LIES WITHIN THE COMMUNITY FACILITIES DISTRICT NO. 1, AS DISCLOSED BY INSTRUMENT RECORDED NOVEMBER 13, 1996 AS FILE NO. 1996-0574243, OF OFFICIAL RECORDS. PREB -10/31/97bk . . SCHEDULE B Page 2 (continued) Order No: 93100132 U57 Your Ref. VILLAGE L AN AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) RECORDED NOVEMBER 13, 1996 AS FILE NO. 1996-0574357, OF OFFICIAL RECORDS. G 7. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: SEPTEMBER 5, 1995 BY AND BETWEEN: UDC HOMES INC. AND CITY OF CARLSBAD, A MUNICIPAL CORPORATION RECORDED: MARCH 19, 1996 AS FILE NO. 1996-0133727, OF OFFICIAL RECORDS REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS H 8. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: NOVEMBER 22, 1996 BY AND BETWEEN: CONTINENTAL RANCH AND THE CITY OF CARLSBAD RECORDED: FEBRUARY 27, 1997 AS FILE NO. 1997-0087390, OF OFFICIAL RECORDS REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS i 9. A NOTICE OF RESTRICTION ON REAL PROPERTY EXECUTED BY AND BETWEEN CONTINENTAL RANCH, INC., AND THE CITY OF CARLSBAD RECORDED MAY 30, 1997 AS FILE NO. 1997-0253117, OF OFFICIAL RECORDS. REFERENCE ID MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. j 10. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CARLSBAD MUNICIPAL WATER DISTRICT PURPOSE: FOR WATER LINE AND INCIDENTAL PURPOSES RECORDED: DECEMBER 1, 1997 AS FILE NO. 1997-0605488, OF OFFICIAL RECORDS. AFFECTS: THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY K REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. L 11. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PREUMBC.9/23/93b1c . . SCHEDULE B Page 3 (continued) Order No: 93100132 TJ57 Your Ref: VILLAGE L GRANTED TO: SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION PURPOSE: TO ERECT, CONSTRUCT, CHANGE THE SIZE OF, IMPROVE, RECONSTRUCT, RELOCATE, REPAIR, MAINTAIN AND USE FACILITIES CONSISTING OF UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND COMMUNICATION FACILITIES AND APPURTENANCES AND INCIDENTAL PURPOSES RECORDED: DECEMBER 31, 1997 AS FILE NO. 1997-0670497, OF OFFICIAL RECORDS AFFECTS: THAT CERTAIN STRIP OF LAND, INCLUDING ALL OF THE AREA LYING BETWEEN THE EXTERIOR SIDELINES, WHICH SIDE LINES SHALL BE 3 FEET, MEASURED AT RIGHT ANGLES, ON EACH EXTERIOR SIDE OF EACH AND EVERY FACILITY INSTALLED AS SHOWN ON GRANTEE'S CONSTRUCTION ORDER NO. 2579520, WITHIN THE FOLLOWING DESCRIBED PROPERTY ON OR BEFORE OCTOBER 2, 1998. THAT CERTAIN STRIP OF LAND 5.00 FEET IN WIDTH, LYING ADJACENT TO, COINCIDENT WITH, EASTERLY AND NORTHERLY OF THE EASTERLY AND NORTHEASTERLY LINE OF "MELROSE DRIVE, A PUBLIC STREET AS SHOWN AND DESCRIBED IN A DEED RECORDED APRIL 9, 1997 AS DOCUMENT NO. 1997-0161912, OF OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO. THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. N 12. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: NOVEMBER 17, 1997 BY AND BETWEEN: SAN MARCOS UNIFIED SCHOOL DISTRICT AND CONTNENTAL RANCH, INC. RECORDED: JANUARY 8, 1998 AS FILE NO. 1998-0009539, OF OFFICIAL RECORDS REGARDING: SCHOOL FACILITIES FUNDING AND MITIGATION AGREEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS N 13. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: MARCH 23, 1998 BY AND BETWEEN: THE CITY OF CARLSBAD AND CONTINENTAL RANCH, INC., A PRELIMBC-9/23/e3bk . . SCHEDULE B Page 4 (continued) Order No: 93100132 U57 Your Ref: VILLAGE L DELAWARE CORPORATION RECORDED: MARCH 25, 1998 AS FILE NO. 1998-016920, OF OFFICIAL RECORDS REGARDING: AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS p 14. THE FACT THAT SAID LAND LIES WITHIN THE COMMUNITY FACILITIES DISTRICT NO. 5 OF THE SAN MARCOS UNIFIED SCHOOL DISTRICT, AS DISCLOSED BY INSTRUMENT RECORDED APRIL 27, 1998 AS FILE NO. 1998-0239289, OF OFFICIAL RECORDS. A NOTICE OF SPECIAL TAX LIEN FOR THE ABOVE COMMUNITY FACILITIES DISTRICT RECORDED MAY 14, 1998 AS FILE NO. 1998-0284611, OF OFFICIAL RECORDS. Q 15. THE FACT THAT SAID LAND LIES WITHIN THE BOUNDARY OF MAP OF ANNEXATION NO. 97/98-1 COMMUNITY FACILITIES DISTRICT NO. 1 CITY OF CARLSBAD, AS DISCLOSED BY INSTRUMENT RECORDED MAY 8, 1998 AS FILE NO. 1998-0269936, OF OFFICIAL RECORDS. AN AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) FOR THE ABOVE RECORDED MAY 9, 1998 AS FILE NO. 1998-0270026, OF OFFICIAL RECORDS. R 16. THE FACT THAT SAID LAND LIES WITHIN THE ASSESSMENT DISTRICT NO. 96-1 (RANCHO CARRILLO) CITY OF CARLSBAD, AS DISCLOSED BY INSTRUMENT RECORDED SEPTEMBER 3, 1998 AS FILE NO. 1998-0563653, OF OFFICIAL RECORDS. A NOTICE OF ASSESSMENT, RECORDED SEPTEMBER 8, 1999 AS FILE NO. 1998-0569423, OF OFFICIAL RECORDS. s 17. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: OCTOBER 29, 1998 BY AND BETWEEN: DANIELS CABLEVISION, INC., A DELAWARE CORPORATION AND CONTINENTAL RANCH, INC., A DELAWARE CORPORATION RECORDED: OCTOBER 30, 1998 AS FILE NO. 1998-0707816, OF OFFICIAL RECORDS REGARDING: CABLE TELEVISION CONSTRUCTION WIRING AGREEMENT AND EASEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS T 18. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: JANUARY 29, 1999 EXECUTED BY: CONTINENTAL RANCH, INC., A DELAWARE CORPORATION RECORDED: FEBRUARY 25, 1999 AS FILE NO. 1999-0116099, OF PRELIMBC.9/23/93b Page 5 Order No: 93100132 U57 . . SCHEDULE B (continued) Your Ref: VILLAGE L OFFICIAL RECORDS REGARDING: HOLD HARMLESS DRAINAGE AGREEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS U 19. SIGHT DISTANCE CORRIDOR REQUIREMENT EXIST ON LOT 240 AS DISCLOSED BY A NOTE "A" ON MAP NO. 13838. v 20. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH RIGHTS RAVING BEEN RELINQUISHED BY THE MAP OF SAID TRACT. AFFECTS: MELROSE DRIVE (13838) SAID LAND HOWEVER, ABUTS UPON A PUBLIC THOROUGHFARE OTHER THAN THE ROAD REFERRED TO ABOVE, OVER WHICH RIGHTS OF VEHICULAR INGRESS AND EGRESS HAVE NOT BEEN RELINQUISHED. w 21. THE FACT THAT SAID LAND IS DESIGNATED AS "FUTURE DEVELOPMENT MULTI DWELLING" ON MAP NO. 13838. x END OF SCHEDULE B y NOTE: ANY FUNDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS FOLLOWS: BANK OF AMERICA 1850 GATEWAY BOULEVARD CONCORD, CALIFORNIA ABA 121-000358 CREDIT TO CHICAGO TITLE SUB-ESCROW DEPOSITORY ACCOUNT NO. 12359-50752 FURTHER CREDIT TO ORDER NO: 093100132 ATTN: BETTY THURMAN TITLE OFFICER z MGC PRELIMBC-9/23/93bk I Order No: 93100132 - U57 Your Ref: VILLAGE L As part of the settlement of a class action lawsuit, we are required to place this notification in all preliminary reports: IF YOU BOUGHT, SOLD OR REFINANCED A HOME (RESIDENTIAL REAL PROPERTY) IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 28, 1997, PLEASE READ THE FOLLOWING: Pursuant to a Settlement Agreement in a class action lawsuit filed in the Superior Court for Los Angeles County, a settlement agreement has been entered into that provides persons who bought, sold or refinanced residential real property in the State of California between July 1, 1989 and February 28, 1997, with certain rights. If you are such a person and you are now engaged in an escrow transaction with Chicago Title Company, Gateway Title Company, Benefit Land Title Company or Fidelity National Title Insurance Company, you have the following rights: If one of these companies previously handled a residential escrow transaction for you that involved residential real property in which a mortgage, promissory note, or similar debt instrument, repayment of which was secured by a duly recorded deed of trust, was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered to one of those title companies for recording but was inadvertently not recorded, you have the right to request that a release of obligation or reconveyance be recorded in accordance with the terms of the Settlement Agreement. To obtain this right you must: (1) Establish to the satisfaction of the title company that you actually closed an escrow between July 1, 1989 and February 28, 1997, which was handled by one of the above-listed title insurance companies, in which a mortgage, promissory note, or similar debt instrument secured by a duly recorded deed of trust was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered for recordation to the title company that handled the prior transaction. Proof of said transaction shall be made by presenting a closing statement, preliminary report, title insurance policy or a paid escrow invoice which identifies you and the prior deed of trust; and (2) Request in writing the recording of a reconveyance or release of obligation in the event that one inadvertently had not been previously recorded in the escrow transaction previously handled by one of the above-named title companies. <SS .-09/07/98bk -This pint is for your aid in locating your land with reference to streets and other parcels, While this plat is believed to be correct, the Company assumes no liability for any loss occuring by reason of reliance theteon." MAP NO 1383 [IJ CARLSBAD TRACT NO. 93-04 — SHEET 2 OF 9 SHEETS' FWNO2RO0° BASIS OF BEA RINGS pip EO53 THE BASIS OF BEARINGS FOR THIS MAP IS A PORTION OF THE IS LINE AS SHORN AND DESCRIBED ON RECORD OF SURVEY 50. 9112. I.E. N00823*E LEGEND • INDICATES FOURS IA3HIA€NT AS NOTED © INDICATES SET A XIW IRON PIPE WITH DISK MARKED LS 5059 o INDICATES SET A 97O24 IRON PIPE WITH DISK MARKED LS 5059 A INDICATES WILL SET A STREET SURVEY IENLA€NT WITH DISK MARKED LS 5059 A INDICATES STREET SURVEY MONUMENT PER ROS 16137 OR AS NOTED HEREON INDICATES 2 IRON PIPE MARKED L.S. 5059 PER MAP 13553. HOT SET PRIOR TO THE RECORDATION OF THIS MAP IT° L.LLJ.J.. INDICATES ABUTTERS RIGHT OF ACCESS RELITICLJISAEO HER EON , (IT) INDICATES RADIAL BEARING — INDICATES SUBDIVISION BOUNDARY 4 INDICATES SHEET HL*.ISER lARDED MAP 014171 0 - INDICATES SHEET LIMITS IINOES MAP ONLY) INDICATES FAST AND LAST LOT HIAARER, RESPECTIVELY Q INOIC&TES SIGHT DISTANCE CORRIDOR. SEE NOTE 014 A SHEET 9 FOR DETAILS NO Ms I. UNLESS OTHERWISE SHORN Cl. ARID MAP. A. ALL LOT CORNERS EXCEPT AS DESCRIBED BELOW WILL BE MONLNAENTED AT A Y S IR IRON PIPE WITH DISC FLRJNO 21 IRON IAARREO LS 5G59• LOT CORNERS ALONG SIDELINES P0°F OF DEDICATED STREET RIGHT-OF-RAY WILL BE A*ZNLMENTEO PER ROS 9112 BY LEAD AND DISC STAMPED L. S. SG59. SET ALONG AN EXTENSION Of THE LOT LINE AT AN OFFSET OF 9.75 FEET IN THE CURB. THE OFFSET SHALL BE I.€ASLNED RADIALLY. OR AT RIGHT ANGLES TO THE RIGHT-OF-WAY LINE. ALL POINTS OF CURVE OF THE SIDELINES OF DEDICATED STREETS WILL RE I.EMA.ENTEO BY LEAD AND DISC STARA'ED 'L.S. 5059. SET AT AN OFFSET OF 9.75 FEET IN THE CURB. THE OFFSET SHALL RE MEASURED RADIALLY. B. LOT CORNERS FOR LOT 311 ALONG THE SIDELINE OF PASEO CERRO AND RANCHO MONTANA WILL BE IAZNLI.ENTEO BY A LEAD AND DISC STHAQED L.S. 5059'.SET ALONG AN EXTENSION OF THE LOT LINE AT AN OFFSET OF 4.75 FEET IN THE CURB. THE OFFSET SHALL BE MEASURED RADIALLY. OR AT RIGHT ANGLES TO THE RIGHT-OF-WAY LINE. "ELROSE OVvE OFLNATEO TO THE OTT OF CARLTSAR PER COC NO. 1997ARA*2 OiL RET. APRIL U 19W. EL PuERrE ECI.RSSE TABLE No. DIRECTION DISTANCE LI 14 58:58.5. E 41.39 L2 N XVDR'IG E 5.08 3 N I4I9148 E 38.12 L4 N 1735'I5 E 39.47 LXN 9AOO'OO E 02.42 18 N K52B'S8 8 59.54 Li N 3024IO 8 73.79 CURVE TABLE C. IN THE EVENT THE ABOVE UZHGI.ENTS CANNOT JE SET 551K 70 UNFORSEEN CIRCUMSTANCES. I WILL AFFIX A TAD OR DISC MARKEDL. 0. S059-IN CONCRETE. STONE. WOOD OR METAL AT THE POSITION CALLED FOR 99 THIS MA?. ISLE DEFERRED 0 I IIONIAAENTATIGN STATEMENT ON SHEET NO. II 2. TOTAL NLWABER OF LOTS FOR THIS SUBDIVISION 72 87 RESIDENTIAL. I OFENSPACE AND I MULTI-FAIIILT. 3. TOTAL AREA WITHIN SUBDIVISION - 48.944 ACRES. 4. ALL DISTANCES AND 519 STREET WIDTHS SHOWN WITHOUT DECIMALS REPRESENT THAT DISTANCE TO ZERO HEll ORE 0 TH S RENC IS MADE TO SARI DIEOO GAS AND ELECTRIC 0. ANY HASEI.ENY RECORDED DECEMBER 31. 1997 AS FI 5ND. 1997-0675499 O.R. AIlS DANIELS CABLEVISION NT RECORDED OCTOBER 3D 998 AS FILE NO. 1998-0757815 D.R.. NO EXACT LOCATION IS SET FORTH IN THE DEEDS. 7 V11'lF 1hIs pI.It is f" yJor rjri j.,ioosl0'. ,0d wIb rsercn°' 10 S.1 ------- -. PACIFIC OCEAN OTT OF ERCHOTAS — VICINITY MAP NO SCALE /12 PROJECT LOCATION OF AARCOS 2W 100 8 sw 400 ION GRAPHIC SCALE N 200' CAISLSRAO TRACT ND. 93-04 RANCHO CAIVITILLO PHASE 3 °,rARS9w A894559w __- 18240 [1 . CHICAGO TITLE COMPANY PRELIMINARY REPORT FIRST AMENDED Dated as of: November 16, 1999 at 7:30 AM Reference: VILLAGE L Order No.: 93100132- U57 CHICAGO TITLE 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 hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Visit Us On The Web: westerndivision. cit. corn Title Department: nN CHICAGO TITLE COMPANY 925 "B" STREET SAN DIEGO, CA. 92101 (619)544-6291 fax: (619)696-0046 Betty Thurman TITLE OFFICER PFP --08/05/99bk • SCHEDULE A Order No: 93100132 TJ57 Your Ref: VILLAGE L 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: D.R. HORTON SAN DIEGO HOLDING COMPANY, INC., A CALIFORNIA CORPORATION 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: LOT 240 OF CARLSBAD TRACT NO. 93-04 RANCH CARRILLO VILLAGES "L" AND "M" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13838 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 23, 1999. PREA -10/31 SCHEDULE B Page 1 Order No: 93100132 U57 Your Ref: VILLAGE L At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. WE ARE UNABLE TO PROVIDE TAX FIGURES DUE TO THE FACT THAT THEY HAVE YET TO BE ASSESSED BY THE COUNTY TAX ASSESSOR. WE WILL SUPPLEMENT OUR REPORT WHEN THE APPLICABLE INFORMATION BECOMES AVAILABLE. B 2, THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. C 3. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: FEBRUARY 8, 1984 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 REGARDING: THE RIGHT OF ENTRY TO INSTALL THEREIN EFFLUENT TRANSMISSION LINES FROM THE DISTRICT FACILITIES TO THE ENCINA FACILITIES REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS D 4. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN BY AND BETWEEN: DEVELOPER-OWNER AND THE CITY OF CARLSBAD RECORDED: APRIL 14, 1993 AS FILE NO. 1993-0228560, OF OFFICIAL RECORDS REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS E 5. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: JULY 13, 1993 BY AND BETWEEN: RANCHO CARRILLO, INC., AND THE CITY OF CARLSBAD RECORDED: NOVEMBER 5, 1993 AS FILE NO. 1993-0745429, OF OFFICIAL RECORDS REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS F 6. THE FACT THAT SAID LAND LIES WITHIN THE COMMUNITY FACILITIES DISTRICT NO. 1, AS DISCLOSED BY INSTRUMENT RECORDED NOVEMBER 13, 1996 AS FILE NO. 1996-0574243, OF OFFICIAL RECORDS. PREB -10/31/97bk 10 SCHEDULE B . Page 2 (continued) Order No: 93100132 1357 Your Ref: VILLAGE L AN AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) RECORDED NOVEMBER 13, 1996 AS FILE NO. 1996-0574357, OF OFFICIAL RECORDS. G 7. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: SEPTEMBER 5, 1995 BY AND BETWEEN: UDC HOMES INC. AND CITY OF CARLSBAD, A MUNICIPAL CORPORATION RECORDED: MARCH 19, 1996 AS FILE NO. 1996-0133727, OF OFFICIAL RECORDS REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS H 8. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: NOVEMBER 22, 1996 BY AND BETWEEN: CONTINENTAL RANCH AND THE CITY OF CARLSBAD RECORDED: FEBRUARY 27, 1997 AS FILE NO. 1997-0087390, OF OFFICIAL RECORDS REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS i 9. A NOTICE OF RESTRICTION ON REAL PROPERTY EXECUTED BY AND BETWEEN CONTINENTAL RANCH, INC., AND THE CITY OF CARLSBAD RECORDED MAY 30, 1997 AS FILE NO. 1997-0253117, OF OFFICIAL RECORDS. REFERENCE ID MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. L 10. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION PURPOSE: TO ERECT, CONSTRUCT, CHANGE THE SIZE OF, IMPROVE, RECONSTRUCT, RELOCATE, REPAIR, MAINTAIN AND USE FACILITIES CONSISTING OF UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND COMMUNICATION FACILITIES AND APPURTENANCES AND INCIDENTAL PURPOSES RECORDED: DECEMBER 31, 1997 AS FILE NO. 1997-0670497, OF OFFICIAL RECORDS AFFECTS: THAT CERTAIN STRIP OF LAND, INCLUDING ALL OF THE AREA LYING BETWEEN THE EXTERIOR SIDELINES, WHICH SIDE LINES SHALL BE 3 FEET, MEASURED AT RIGHT ANGLES, ON EACH EXTERIOR SIDE OF EACH AND EVERY FACILITY INSTALLED AS SHOWN ON GRANTEE'S CONSTRUCTION ORDER NO. 2579520, PRELIMBC-9/23/93bk SCHEDULE B Page 3 (continued) Order No: 93100132 U57 Your Ref: VILLAGE L WITHIN THE FOLLOWING DESCRIBED PROPERTY ON OR BEFORE OCTOBER 2, 1998. THAT CERTAIN STRIP OF LAND 5.00 FEET IN WIDTH, LYING ADJACENT TO, COINCIDENT WITH, EASTERLY AND NORTHERLY OF THE EASTERLY AND NORTHEASTERLY LINE OF "MELROSE DRIVE," A PUBLIC STREET AS SHOWN AND DESCRIBED IN A DEED RECORDED APRIL 9, 1997 AS DOCUMENT NO. 1997-0161912, OF OFFICIAL RECORDS OF SAID COUNTY OF SAN DIEGO. THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM THE RECORD. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. M 11. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: NOVEMBER 17, 1997 BY AND BETWEEN: SAN MARCOS UNIFIED SCHOOL DISTRICT AND CONTNENTAL RANCH, INC. RECORDED: JANUARY 8, 1998 AS FILE NO. 1998-0009539, OF OFFICIAL RECORDS REGARDING: SCHOOL FACILITIES FUNDING AND MITIGATION AGREEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS N 12. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: MARCH 23, 1998 BY AND BETWEEN: THE CITY OF CARLSBAD AND CONTINENTAL RANCH, INC., A DELAWARE CORPORATION RECORDED: MARCH 25, 1998 AS FILE NO. 1998-016920, OF OFFICIAL RECORDS REGARDING: AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS P 13. THE FACT THAT SAID LAND LIES WITHIN THE COMMUNITY FACILITIES DISTRICT NO. 5 OF THE SAN MARCOS UNIFIED SCHOOL DISTRICT, AS DISCLOSED BY INSTRUMENT RECORDED APRIL 27, 1998 AS FILE NO. 1998-0239289, OF OFFICIAL RECORDS. A NOTICE OF SPECIAL TAX LIEN FOR THE ABOVE COMMUNITY FACILITIES DISTRICT PRELIMBC-9/23/93bk SCHEDULE B Page ' (continued) Order No: 93100132 U57 Your Ref: VILLAGE L RECORDED MAY 14, 1998 AS FILE NO. 1998-0284611, OF OFFICIAL RECORDS. Q 14. THE FACT THAT SAID LAND LIES WITHIN THE BOUNDARY OF MAP OF ANNEXATION NO. 97/98-1 COMMUNITY FACILITIES DISTRICT NO. 1 CITY OF CARLSBAD, AS DISCLOSED BY INSTRUMENT RECORDED MAY 8, 1998 AS FILE NO. 1998-0269936, OF OFFICIAL RECORDS. AN AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) FOR THE ABOVE RECORDED MAY 9, 1998 AS FILE NO. 1998-0270026, OF OFFICIAL RECORDS. R 15. THE FACT THAT SAID LAND LIES WITHIN THE ASSESSMENT DISTRICT NO. 96-1 (RANCHO CARRILLO) CITY OF CARLSBAD, AS DISCLOSED BY INSTRUMENT RECORDED SEPTEMBER 3, 1998 AS FILE NO. 1998-0563653, OF OFFICIAL RECORDS. A NOTICE OF ASSESSMENT, RECORDED SEPTEMBER 8, 1999 AS FILE NO. 1998-0569423, OF OFFICIAL RECORDS. s 16. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: OCTOBER 29, 1998 BY AND BETWEEN: DANIELS CABLEVISION, INC., A DELAWARE CORPORATION AND CONTINENTAL RANCH, INC., A DELAWARE CORPORATION RECORDED: OCTOBER 30, 1998 AS FILE NO. 1998-0707816, OF OFFICIAL RECORDS REGARDING: CABLE TELEVISION CONSTRUCTION WIRING AGREEMENT AND EASEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS T 17. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: JANUARY 29, 1999 EXECUTED BY: CONTINENTAL RANCH, INC., A DELAWARE CORPORATION RECORDED: FEBRUARY 25, 1999 AS FILE NO. 1999-0116099, OF OFFICIAL RECORDS REGARDING: HOLD HARMLESS DRAINAGE AGREEMENT REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS u 18. SIGHT DISTANCE CORRIDOR REQUIREMENTS EXIST ON LOT 240 AS DISCLOSED BY A NOTE T1 A'T ON MAP NO. 13838. v 19. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING BEEN RELINQUISHED BY THE MAP OF SAID TRACT. AFFECTS: SAID LAND ADJACENT TO MELROSE DRIVE PRELIMBC-9/23/93bk SCHEDULE B Page (continued) Order No: 93100132 U57 Your Ref. VILLAGE L SAID LAND HOWEVER, ABUTS UPON A PUBLIC THOROUGHFARE OTHER THAN THE ROAD REFERRED TO ABOVE, OVER WHICH RIGHTS OF VEHICULAR INGRESS AND EGRESS HAVE NOT BEEN RELINQUISHED. w 20. THE FACT THAT SAID LAND IS DESIGNATED AS FUTURE DEVELOPMENT MULTI-FAMILY DWELLING" ON MAP NO. 13838. x END OF SCHEDULE B y NOTE: ANY FUNDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS FOLLOWS: BANK OF AMERICA 1850 GATEWAY BOULEVARD CONCORD, CALIFORNIA ABA 121-000358 CREDIT TO CHICAGO TITLE SUB-ESCROW DEPOSITORY ACCOUNT NO. 12359-50752 FURTHER CREDIT TO ORDER NO: 093100132 ATTN: BETTY THURMAN TITLE OFFICER z MGC 1ANEND/JRS PRELIMBC-9/23/93bk 0 9 I I Order No: 93100132 - U57 Your Ref: VILLAGE L As part of the settlement of a class action lawsuit, we are required to place this notification in all preliminary reports: IF YOU BOUGHT, SOLD OR REFINANCED A HOME (RESIDENTIAL REAL PROPERTY) IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 28, 1997, PLEASE READ THE FOLLOWING: Pursuant to a Settlement Agreement in a class action lawsuit filed in the Superior Court for Los Angeles County, a settlement agreement has been entered into that provides persons who bought, sold or refinanced residential real property in the State of California between July 1, 1989 and February 28, 1997, with certain rights. If you are such a person and you are now engaged in an escrow transaction with Chicago Title Company, Gateway Title Company, Benefit Land Title Company or Fidelity National Title Insurance Company, you have the following rights: If one of these companies previously handled a residential escrow transaction for you that involved residential real property in which a mortgage, promissory note, or similar debt instrument, repayment of which was secured by a duly recorded deed of trust, was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered to one of those title companies for recording but was inadvertently not recorded, you have the right to request that a release of obligation or reconveyance be recorded in accordance with the terms of the Settlement Agreement. To obtain this right you must: (1) Establish to the satisfaction of the title company that you actually closed an escrow between July 1, 1989 and February 28, 1997, which was handled by one of the above-listed title insurance companies, in which a mortgage, promissory note, or similar debt instrument secured by a duly recorded deed of trust was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered for recordation to the title company that handled the prior transaction. Proof of said transaction shall be made by presenting a closing statement, preliminary report, title insurance policy or a paid escrow invoice which identifies you and the prior deed of trust; and (2) Request in writing the recording of a reconveyance or release of obligation in the event that one inadvertently had not been previously recorded in the escrow transaction previously handled by one of the above-named title companies. KSS --09/07/98bk I 001 OF VISTA PROJECT LOCATION C/TY OF SAIl I/HOCUS GRAPHIC SCALE r= 20(7 OR B 'NJ PACIFIC -4ct_ OCEAN CARLSBAD TRACT HO. 93-04 RAND/AD DAISRILLO PHASE 3 CITY OF ENCOATAS " VICINITY MAP NO SCALE rnrYo9w Ths plot is for your aid in locating your land with reference to streets and other parcels, While this plot is believed to be correct, the Company assumes no liability for any loss occuring by reason of reliance thereon.' MAP NO. 1383E SHEET 2 OF 9 SHEETS - FOil/b 0' /00/ BASIS OF 5E4 RINGS PIPE MOO LS 3189 PER 008 952 THE OASIS OF BEARINGS FOR THIS MAP IS A PORTION OF THE WESTERLY LINE AS SHOWN AND DESCRIBED ON RECORD OF SURVEY NO. 9/ID. I.E. NOFOB'23'E LEGEND • INDICATES FOUND MONUMENT AS NOTED © INDICATES SET A YAXIO IRON PIPE WITH DISK MARKED LS 5059' o INDICATES SET A 2'S24 IRON PIPE WITH DISK MARRED 'LS 5059' , INDICATES WILL SET A STREET SURVEY MONUMENT WITH DISK MARKED L5 5559' A INDICATES STREET SURVEY MONUMENT PER 005 16137 OR AS NOTED HEREON Q INDICATES V IRON PIPE MARKED L.D. 0059 PER MAP I3553. NOT SET PRIOR TO THE RECORDATION OF THIS MAP ..L.LLLL. INDICATES ABUTTER'S S/GI/T OF ACCESS RELINSUISAED HEREON (R) INDICATES RADIAL BEAN/NO INDICATES SUBDIVISION BOUNDARY 4 INDICATES SHEET H/RISER (INDEX MAP ONLY) INDICATES SHEET LIMITS (INDEX MAP ONLY) es INDICATES FAST AND LAST LOT N/RIDER, RESPECT/VOLT QA IND/CATES SIGHT DISTANCE CORRIDOR, SEE NOTE ON SHEET 9 FOR DETAILS NOTES I. UNLESS OTHERWISE SHORN 06 1H/S MAP. A. ALL LOT CORNERS EXCEPT AS DESCRIBED BELOW BILL BE MONt/RIGHTED BY A X IS- IRON PIPE WITH DISC MARKED L.S. 5059'. LOT CORNERS ALONG SIDELINES OF DEDICATED STREET RIGHT-of -WAY WILL BE MON/RIGHTED BY LEAD AND DISC STAWED L.S. 5S59 • SET ALONG AN EXTENSION OF THE LOT LIRE AT AN OFFSET OF 9.75 FEET IN THE CURB. THE OFFSET SHALL RE MEASURED RADIALLY, OR AT RIGHT THE TO THE RIGHT-OF-WAY LINE. ALL POINTS OF CURVE OF THE SIDELINED OF DEDICATES STREETS WILL RE MONUNENTED BY LEAD AND DISC STAWED L.S. 5059',SET AT AN OFFSET OF 9.75 FEET IN THE CURB. THE OFFSET SHALL BE MEASURED RADIALLY. B. LOT CORNERS FOR LOT 311 ALONG THE SIDELI/IE OF PASEO CERRO AND RANCHO MONTANA WILL RE MON/RENTED BY A LEAD AND DISC STAMPED 1.5. 5559'. SET ALONG AN EXTENSION OF THE LOT LINE AT AN OFFSET OF 4.75 FEET IN THE CURB. THE OFFSET SHALL RE MEASURED RADIALLY. OR AT RIGHT ANGLED TO THE RIGHT_ OF. LINE. C. IN THE EVENT THE ABOVE IN/HI/RIGHTS CANNOT BE SET DUE TO UNFORSEKIA CIRCUMSTANCES. I WILL AFFIX A TAO OR DISC MARKED L.S. 5059' IN CONCRETE. STONE. WOOD OR METAL AT THE POSITION CALLER FOR BY THIS MAP. (SEE DEFERRED MONLBAENTATON STATOENT ON SHEET NO. II 2. TOTAL NUMBER OF LOTS FOR THIS SUBDIVISION - 72 67 RESIDENTIAL. 4 OPENSPACE AND I MULTI-FAMILT. 3. TOTAL AREA WITHIN SUBDIVISION • 48.944 ACRES. 4. ALL DISTANCES AND OR STREET WIDTHS SHORN WITHOUT DECIMALS RE IILAIOREOTHS. PRESENT THAT DISTANCE TO ZERO S. REFERENCE IS MADE 'TO SAN DIEGO GAS AND ELECTRIC COMPANT EASEMENT RECORDED SECKIIBER 31.1997 AS FILE NO. /997-0670497 0.11. AND DANIELS CARLEVISION EASEMENT RECORDED OCTODER 3D /99W AS FILE NO. 998-0707916 0.9.. NO EXACT LOCATION IS SET FORTH IN THE DEEDS. 'Th,ISp T //) to ----fl I— I BEAROSE OR0'E pO CARLSBAD TRACT NO. 93-04 EL FUERTE COURSE TABLE NO.DIRECTION— DISTANCE II N 5r5$'IHE 41.39 12 N 9V5RIB' E 15.08 3 N I4194B E 38.12 14 N Rr35'I5• K 39.47 LB N 9OOO'00 B 02.42 LB N 6525'5O 8 /59.54 17 H 3OF24'IO 8 73.79 6894/82539W __- 20' V PP.PFFW 0 0 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage. costs, attorneys fees or expenses which arise by reason of 1 (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy. use, or enjoyment of the land. (ii) the character, dimensions or location of any improvement now or hereafter erected on the land. (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection. or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge 3 Defects, liens. encumbrances, adverse claims or other matters (a) 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 Dale of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c) resulting in no loss or damage to the insured claimant, (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or 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 applicable doing business laws of the state in which the land is situated. 5 Invalidity or unenforceability of the lien of the insured mortgage. or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law 6 Any claim, which arises out of the transaction vesting in the insured the estate or interest 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. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records 2 Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof: (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Reorder Form No. 12599 (Rev. 2/93) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorney's fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to the violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. EXCEPTIONS FROM COVERAGE In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Someone claiming an interest in your land by reason of: A. Easements not shown in the public records B. Boundary disputes not shown in the public records C. Improvements owned by your neighbor placed on your land 2. If, in addition to a single family residence, your existing structure consists of one or more Additional Dwelling Units, Item 12 of Covered Title Risks does not insure you against loss, costs, attorneys' fees, and expenses resulting from: A. The forced removal of any Additional Dwelling Unit, or, B. The forced conversion of any Additional Dwelling Unit back to its original use, if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government regulation. - I . AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT• FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the dale the insured claimant became an insured under this policy; (C) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for Street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises Out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (in) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. The above policy forms may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also Include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or 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 by making inquiry of persons in possession thereof 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims: (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof: (c) water rights, claims or title to water, whether or not the matters excepted under (a). (b) or (c) are shown by the public records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land: (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part: or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any faking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters (a) created, suffered, assumed or agreed to by the insured claimant. (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy: or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, stale insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer: or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard -Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or 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 by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records 5 (a) Unpatented mining claims. (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof: (c) water rights, claims or title to water, whether or not the matters excepted under (a). (b) or (c) are shown by the public records S S . . . CHICAGO TITLE. INSURANCE COMPANY 925 "B" STREET SAN DIEGO, CA 92101 PHONE NO. (619) 239-6081 FAX NO. (619) 544-6277 Preliminary Subdivision Report OrderNo. 93066115 -USC Fee: $o.00 Dated: March 8, 1999 at 7:30 A.M. Subdivision: RANCHO CARRILLO VILLAGE Map No. 111,11 For the benefit of the County of SAN DIEGO , any City within which the subdivision is located, the Subdivider and the SubdMder's Registered Civil Engineer or Licensed Land Surveyor. A preliminary examination of those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on a map of the above referenced subdivision received OIMARCH 8, 1999 , by Chicago Title Company, herein called the Company, discloses that, at the date hereof, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the map of said subdivision to be filed with the County Recorder of said County are set forth in Schedule A. This report is furnished as an accommodation, for the sole purpose of preliminary planning and facilitating the compliance with requirements necessary for the issuance of a Subdivision Guarantee. It Is understood that the Company's liability Is solely that expressed in such Guarantee, and that no liability separate from or other than the Company's liability under said Guarantee Is assumed by this Report, except that If no Guarantee is Issued under this Order the amount paid for this Report shall be the maximum liability of the Company. CHICAGO CO/ RANY By Title Officer TOM VOTEL PSUBFACE-6/5/91-BK S SCHEDULE A Order No. 93066115 -U50 The map hereinbefore referred to is a proposed subdivision of: SEE ATTACHED DESCRIPTION The parties hereinbefore referred to are: CONTINENTAL RANCH, INC., WHO ACQUIRED TITLE AS RANCHO CARRILLO, INC., A DELAWARE CORPORATION Exceptions: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1999-2000 THAT ARE A LIEN NOT YT DUE. B 2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1998-1999 1ST INSTALLMENT: 2ND INSTALLMENT: PENALTY AND COST: HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $42,545.38 (PAID) $42,545.38 $4,264.54 (DUE AFTER APRIL 10) $NONE 09029 222-010-02-00 PSUBDVA-6/5/9143K Order No: 93066115 U5 DESCRIPTION I 2 RANCHO CAR.ILLO VILLAGE "L", BEING A DIVISION OF ALL THAT PORTION OF SECTIONS 18 AND 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO 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 DISC MARKED "RCE 94161, ACCEPTED AS THE NORTHWESTERLY CORNER OF LA COSTA MEADOWS UNIT NO. 3, ACCORDING TO MAP THEREOF NO. 7076; THENCE NORTH 0 0 52'06" EAST ALONG THE WEST LINE OF SAID SECTION 19 A DISTANCE OF 1337.52 FEET; THENCE NORTH 0 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 0 39'55" EAST; THENCE LEAVING SAID WESTERLY LINE OF SECTION 19, EASTERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 16 0 29'25" A DISTANCE OF 575.62 FEET; THENCE NORTH 64 0 50'40" 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 THRU A CENTRAL ANGLE OF 21 0 00'00" A DISTANCE OF 733.04 FEET; THENCE NORTH 85 0 50'40" EAST 92.05 FEET; THENCE NORTH 4 0 09'20" WEST 688.38 FEET; THENCE NORTH 85 0 50'40" EAST A DISTANCE OF 749.94 FEET TO THE EAST LINE. OF THE NORTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH 0 0 20'46" EAST ALONG SAID EAST LINE A DISTANCE OF 498.91 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 28; THENCE NORTH 0042l37 WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF OF 291.42 FEET; THENCE LEAVING SAID EAST LINE NORTH 16 0 13'00" WEST A DISTANCE OF 1640.18 FEET TO THE CENTER LINE OF ROAD SURVEY NO. 757, PALOMAR AIRPORT ROAD; THENCE NORTH 68 0 33'29" EAST ALONG SAID CENTER LINE 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 THRU A CENTRAL ANGLE OF 5 0 39'05" A DISTANCE OF 591.81 FEET; THENCE NORTH 74 0 12'34" EAST A DISTANCE OF 454.40 FEET TO TO THE BEGINNING OF A TANGENT 3000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 0 0 52'58" A DISTANCE OF 46.22 FEET TO THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 18; THENCE SOUTH 0 0 39'40" 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 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 HALF OF THE NORTHEAST QUARTER OF SECTION 19; THENCE NORTH 89 0 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 CENTER LINE OF SECTION 19; THENCE SOUTH 0 0 20'46" WEST ALONG THE NORTH-SOUTH CENTER LINE A DISTANCE OF 1336.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH 89 0 46'50" WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER TO AND ALONG THE NORTH BOUNDARY OF SAID LA COSTA MEADOWS UNIT NO. 3, MAP 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/PAGE 77-068081, BOOK 1977, OFFICIAL RECORDS. is EXCEPTIONS Page 2 (Continued) Order No. 93066115 U50 C AFFECTS: A PORTION OF THE LAND DESCRIBED HEREIN AND OTHER LAND. IN 3. PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW ARE PAID. FOR INFORMATION PURPOSES THE AMOUNTS ARE: FISCAL YEAR: 1998-1999 1ST INSTALLMENT: $22,461.78 2ND INSTALLMENT: $22,461.78 EXEMPTION: $NONE CODE AREA: 09025 ASSESSMENT NO: 222-011-06-00 AFFECTS: A PORTION OF THE LAND DESCRIBED HEREIN AND OTHER LAND. F 4. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY. G 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN MARCOS COUNTY WATER DISTRICT PURPOSE; SEWER LINE RECORDED: OCTOBER 1, 1968 AS FILE NO. 170268 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEEREOF AFFECTS A PORTION OF SAID LAND AS MORE FULLY DESCRIBED IN SAID DOCUMENT H 6. A DOCUMENT ENTITLED "AGREEMENT", DATED FEBRUARY 8, 1984 EXECUTED BY SAN MARCOS COUNTY WATER DISTRICT, A PUBLIC AGENCY AND CARRILLO RANCHO PARTNERSHIP, A GENERAL PARTNERSHIP, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED FEBRUARY 14, 1984 AS FILE NO. 84-055590 OF OFFICIAL RECORDS. REGARDING: THE RIGHT OF SAID DISTRICT TO ENTER SAID LAND TO INSTALL CERTAIN FACILITIES. i 7. A PENDING COURT ACTION AS DISCLOSED BY A RECORDED NOTICE. (CPTNSC-02/27/92-$rc EXCEPTIONS Page (Continued) Order No. 93066115 U50 PLAINTIFF: SAN MARCOS WATER DISTRICT, A PUBLIC AGENCY DEFENDANT: CARRILLO RANCHO PARTNERSHIP, FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION SAN DIEGO GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION THE COUNTY OF SAN DIEGO SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, A PUBLIC AGENCY CITY OF CARLSBAD THE ANDEN GROUP, A GENERAL PARTNERSHIP SECURITY PACIFIC NATIONAL BANK, A CALIFORNIA CORPORATION DOES I THROUGH XX, INCLUSIVE COUNTY: SAN DIEGO COURT: SUPERIOR CASE NO: N26477 NATURE OF ACTION: TO CONDEMN AND TAKE BY EMINENT DOMAIN EASEMENTS FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF FACILITIES FOR THE TRANSMISSION OF SEWAGE IN THE REAL PROPERTY HEREINAFTER DESCRIBED RECORDED: AUGUST 13, 1984 AS FILE NO. 84-307176 OF OFFICIAL RECORDS A COMPLETE EXAMINATION OF SAID PROCEEDINGS HAS NOT YET BEEN MADE. UPON COMPLETION OF OUR EXAMINATION WE WILL ADVISE YOU OF OUR FINDINGS. K 8. A DOCUMENT ENTITLED "INDENTURE AGREEMENT", DATED AUGUST 3, 1984 EXECUTED BY RANCHO CARRILLO ASSOCIATION, A CALIFORNIA LIMITED PARTNERSHIP AND PHILIP LEIBOWEITZ, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED SEPTEMBER 4, 1984 AS FILE NO. 84-335964 OF OFFICIAL RECORDS. L 9. A DOCUMENT ENTITLED "AGREEMENT", DATED AUGUST 25, 1987 EXECUTED BY REALTY DEALERS, LTD., AN ILLINOIS LIMITED PARTNERSHIP AND RANCHO CARRILLO ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED SEPTEMBER 4, 1987 AS FILE NO. 87-505325 OF OFFICIAL RECORDS. M REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. N 10. A DOCUMENT ENTITLED "AGREEMENT BETWEEN DEVELOPER OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 11 , DATED MARCH 24, 1993 EXECUTED BY L&W INVESTMENTS, A CALIFORNIA CORPORATION AND THE CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED APRIL 14, 1993 AS FILE NO. 1993-0228560 OF OFFICIAL RECORDS. EXCPTNSC-02/27/92-Irc EXCEPTIONS Page 4 (Continued) Order No. 93066115 U50 0 11. A CONDITIONAL CERTIFICATE OF COMPLIANCE DATED: JULY 5, 1994 EXECUTED BY: LLOYD HIJBBS, CITY ENGINEER, CITY OF CARLSBAD COMPLIANCE NO.: CE 636 RECORDED: AUGUST 17, 1994 AS FILE NO. 1994-0497669 OF OFFICIAL RECORDS CONDITIONS: THIS CERTIFICATE OF COMPLIANCE SHALL HAVE NO FORCE AND EFFECT: (a) IF THE ABOVE OWNERS OR ANY SUBSEQUENT TRANSFEREE OR ASSIGNEE ACQUIRES ANY CONTIGUOUS PROPERTY OTHER THAN A LOT OR LOTS SHOWN ON A RECORDED SUBDIVISION MAP, PARCEL MAP OR RECORD OF SURVEY MAP FILED PURSUANT TO AND PRIOR TO REPEAL (STATS. 1955, CH. 1593) OF SECTION 11875 OF THE BUSINESS AND PROFESSIONS CODE; (b) UNLESS THE LOT COVERED BY THIS CERTIFICATE OF COMPLIANCE IS GRADED OR RE-GRADED TO PREVENT CROSS LOT DRAINAGE OTHERWISE CREATED BY THE CHANGES IN PROPERTY LINE LOCATION ACCOMPLISHED HEREWITH; (c) UNLESS A RECORD OF SURVEY IS FILED SHOWING THE MONUMENTS SHOWN AS "SETT' ON EXHIBIT "B", ATTACHED; (d) UNLESS DEEDS ARE EXCHANGED BY THE PARCEL OWNERS PURSUANT TO SECTION 66412(D) OF THE SUBDIVISION MAP ACT. 12. A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND. DISTRICT: ANNEXATION NO. 94/95-3 COMMUNITY FACILITIES DISTRICT NO. 1, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DISCLOSED BY: ASSESSMENT DISTRICT BOUNDARY RECORDED: FEBRUARY 28, 1995 AS FILE NO. 1995-0085756 OF OFFICIAL RECORDS Q AN AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN, (RECORDED MAY20, 1991 AS DOCUMENT NO. 1991-0236959), (NOTICE OF ANNEXATION), RECORDED FEBRUARY 28, 1995 AS DOCUMENT NO. 1995-0085783, OFFICIAL RECORDS. R 13. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT EXCFTNSC.02/27/92-Irc EXCEPTIONS Page 5 (Continued) Order No. 93066115 U50 GRANTED TO: VALLECITOS WATER DISTRICT PURPOSE: PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES, TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCES INCLUDING BUT NOT LIMITED TO CONDUITS AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM, TO AND ALONG SAID RIGHT OF WAY BY A PRACTICAL ROUTE OR ROUTES RECORDED: SEPTEMBER 19, 1996 AS FILE NO. 1996-0477222 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. S SAID DOCUMENT RECITES IN PART AS FOLLOWS: GRANTOR AGREES THAT NO OTHER EASEMENT SHALL BE GRANTED ON, UNDER OR OVER SAID STRIP OF LAND BY GRANTOR, WITHOUT THE PRIOR CONSENT OF GRANTEE, WHICH PERMSSION SHALL NOT BE UNREASONABLY WITHELD, AND THE ADDITIONAL EASEMENTS SHALL NOT INTERFERE WITH THE SAFE AND RELIABLE OPERATION OF ALL DISTRICT FACILITIES, OR PROHIBIT THE DISTRICT FROM EXERCISING ALL RIGHTS GRANTED HEREIN. 1' 14. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: VALLECITOS WATER DISTRICT PURPOSE: A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES, TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCES INCLUDING BUT NOT LIMITED TO CONDUITS AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM, TO AND ALONG SAID RIGHT OF WAY BY A PRACTICAL ROUTE OR ROUTES RECORDED: SEPTEMBER 19, 1996 AS FILE NO. 1996-0477224 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. U SAID DOCUMENT RECITES IN PART AS FOLLOWS: GRANTOR AGREES THAT NO OTHER EASEMENT SHALL BE GRANTED ON, UNDER OR OVER SAID STRIP OF LAND BY GRANTOR, WITHOUT THE PRIOR WRITTEN CONSENT OF GRANTEE, WHICH PERMISSION SHALL NOT BE UNREASONABLY WITHELD, AND THE ADDITIONAL EASEMENTS SHALL NOT INTERFERE WITH THE SAFE AND RELIABLE OPERATION OF ALL DISTRICT FACILITIES, OR PROHIBIT THE DISTRICT FROM EXERCISING ALL RIGHTS GRANTED HEREIN. v 15. A DOCUMENT ENTITLED "AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 11 , DATED NOVEMBER 22, 1996 EXECUTED BY CONTINENTAL RANCH, A CORPORATION AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION, SUBJECT TO ALL THE TERMS, PROVISIONS (CPTNSC-02/27/92-Irc . . EXCEPTIONS Page 6 (Continued) Order No. 93066115 1150 AND CONDITIONS THEREIN CONTAINED, RECORDED FEBRUARY 27, 1997 AS FILE NO. 1997-0087390 OF OFFICIAL RECORDS. w 16. A DOCUMENT ENTITLED "EASEMENT AGREEMENT (ACCESS, CONSTRUCTION AND MAINTENANCE; MELROSE) ", DATED OCTOBER 2, 1996 EXECUTED BY MARY BRESSI PERSIC, ELIZABETH BRESSI WIEGAND AND RUTH BRESSI BUDLONG, A SUCCESSOR CO-TRUSTEES OF THE MARY E. BRESSI DECLARATION OF TRUST DATED JUNE 2, 1988, IN FAVOR OF CONTINENTAL RANCH, INC., A DELAWARE CORPORATION SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MARCH 5, 1997 AS FILE NO. 1997-0096701 OF OFFICIAL RECORDS. x 17. A DOCUMENT ENTITLED "EASEMENT AGREEMENT", DATED OCTOBER 2, 1996 EXECUTED BY MARY BRESSI PERSIC, ELIZABETH BRESSI WIEGAND AND RUTH BRESSI BUDLONG, AS SUCCESSOR CO-TRUSTEES OF THE MARY E. BRESSI DECLARATION OF TRUST, DATED JUNE 2, 1988, IN FAVOR OF CONTINENTAL RANCH, INC., A DELAWARE CORPORATION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MARCH 5, 1997 AS FILE NO. 1997-0096702 OF OFFICIAL RECORDS. ' 18. A DOCUMENT ENTITLED "EASEMENT AGREEMENT", DATED OCTOBER 2, 1996 EXECUTED BY MARY BRESSI PERSIC, ELIZABETH BRESSI WIEGAND AND RUTH BRESSI BUDLONG, AS SUCCESSOR CO-TRUSTEES OF THE MARY E. BRESSI DECLARATION OF TRUST DATED JUNE 12, 1988, IN FAVOR OF CONTINENTAL RANCH, INC., A DELAWARE CORPORATION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MARCH 5, 1997 AS FILE NO. 1997-0096706 OF OFFICIAL RECORDS. z 19. A NOTICE OF RESTRICTION ON REAL PROPERTY, RECORDED MAY 30, 1997 AS FILE NO. 1997-0253117 OF OFFICIAL RECORDS. AA 20. A COVENANT AND AGREEMENT UPON AND SUBJECT TO THE TERMS AND CONDITIONS THEREIN EXECUTED BY: CONTINENTAL RANCH, INC. IN FAVOR OF: THE CITY OF CARLSBAD RECORDED: MAY 30, 1997 AS FILE NO. 1997-0253198 OF OFFICIAL RECORDS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AB 21. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION PURPOSE: PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED: DECEMBER 31, 1997 AS FILE NO. 1997-0670497 OF OFFICIAL RECORDS AFFECTS: THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. EXCPTNSC-02/27/92-Irc EXCEPTIONS Page (Continued) Order No. 93066115 U50 AC 22. A DOCUMENT ENTITLED "AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY", DATED MARCH 23, 1998 EXECUTED BY THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND CONTINENTAL RANCH, INC., A DELAWARE CORPORATION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MARCH 25, 1998 AS FILE NO. 1998-0162920 OF OFFICIAL RECORDS. AD 23. A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND. DISTRICT: ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 96-1 (RANCHO CARRILLO) CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DISCLOSED BY: ASSESSMENT DISTRICT DIAGRAM RECORDED: SEPTEMBER 3, 1998 AS FILE NO. 1998-0563653 OF OFFICIAL RECORDS AE A NOTICE OF ASSESSMENT, RECORDED SEPTEMBER 8, 1998 AS FILE NO. 1998-0569423 OF OFFICIAL RECORDS. AF 24. A DOCUMENT ENTITLED "AGREEMENT FOR FILING OF FINAL MAPS WITHIN ASSESSMENT DISTRICT NO. 96-1 (RANCHO CARRILLO)", DATED OCTOBER 5, 1998 EXECUTED BY THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND CONTINENTAL RANCH, INC., A DELAWARE CORPORATION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED NOVEMBER 6, 1998 AS FILE NO. 1998-0725542 OF OFFICIAL RECORDS. AG 25. A DOCUMENT ENTITLED "SPECIAL ASSESSMENT DISTRICT DISCLOSURE AGREEMENT", DATED OCTOBER 5, 1998 EXECUTED BY THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND CONTINENTAL RANCH, INC., A DELAWARE CORPORATION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED NOVEMBER 6, 1998 AS FILE NO. 1998-0725543 OF OFFICIAL RECORDS. Mi 26. ANY CLAIMS FOR MECHANICS' LIENS ON SAID LAND THAT MAY BE RECORDED, BY REASON OF A WORK OF IMPROVEMENT THAT IS DISCLOSED BY A NOTICE OF COMPLETION RECORDED: DECEMBER 24, 1998 AS FILE NO. 1998-0847325 OF OFFICIAL RECORDS Al 27. ANY CLAIMS FOR MECHANICS' LIENS ON SAID LAND THAT MAY BE RECORDED, BY REASON OF A WORK OF IMPROVEMENT THAT IS DISCLOSED BY A NOTICE OF COMPLETION RECORDED: FEBRUARY 22, 1999 AS FILE NO. 1999-0106957 OF OFFICIAL RECORDS EXCPrNsC-02/27/92-;rc EXCEPTIONS Page 8 (Continued) Order No. 93066115 U50 AJ 28. A DOCUMENT ENTITLED "HOLD HARMLESS AGREEMENT DRAINAGE", DATED JANUARY 29, 1999 EXECUTED BY CONTINENTAL RANCH, INC., A DELAWARE CORPORATION AND THE CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED FEBRUARY 25, 1999 AS FILE NO. 1999-0116099 OF OFFICIAL RECORDS. AK AFFECTS RANCHO CARILLO VILLAGES L & M. AL END OF SCHEDULE B AM NOTE NO. 1: YOUR OPEN ORDER REQUEST INDICATES THAT A CORPORATION FORMED OUTSIDE OF THE JURISDICTION OF THE STATE OF CALIFORNIA WILL BE ACQUIRING, ENCUMBERING OR CONVEYING THE PROPERTY IN YOUR TRANSACTION. THEREFORE, IT IS THE REQUIREMENT OF THIS COMPANY THAT PRIOR TO THE ISSUANCE OF OUR POLICY OF TITLE INSURANCE, WE BE FURNISHED AN OPINION BY INDEPENDENT COUNSEL AUTHORIZED TO PRACTICE LAW IN THE FOREIGN JURISDICTION, AT NO COST TO THIS COMPANY, WHICH OPINION SHALL MAKE THE FOLLOWING REPRESENTATIONS: (1) THAT COUNSEL HAS REVIEWED AND STUDIED THE ARTICLES OF INCORPORATION AND ANY OTHER PERTINENT DOCUMENTS IN LIGHT OF THE APPLICABLE LAWS OF THAT JURISDICTION; (2) THAT THE CORPORATION WAS PROPERLY INCORPORATED IN THAT JURISDICTION; (3) THAT THE CORPORATION IS PRESENTLY IN GOOD STANDING IN THAT JURISDICTION; (4) THAT THE CORPORATION HAS BOTH THE POWER AND AUTHORITY TO OWN PROPERTY IN THE UNITED STATES/STATE OF CALIFORNIA, BOTH UNDER ITS ARTICLES AND THE LAWS OF THAT JURISDICTION; AND (5) THAT THE NAMED PERSON(S) WHO WILL EXECUTE DOCUMENTS (IF ANY) ON BEHALF OF THE CORPORATION IS/ARE AUTHORIZED TO DO SO. NOTE NO. 2: A CERTIFICATE OF COMPLIANCE ISSUED BY CITY ENGINEER RECORDED ON JULY 20, 1982 AS FILE NO. 82-221295, OFFICIAL RECORDS. AO NOTE: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUE-ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. NOTE: ANY FUNDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS FOLLOWS: a' EXCPTNSC-02/27/92-Irc 4 a i EXCEPTIONS Page 9 (Continued) Order No. 93066115 t150 BANK OF AMERICA 1850 GATEWAY BOULEVARD CONCORD, CALIFORNIA ABA 121-000358 CREDIT TO CHICAGO TITLE SUB-ESCROW DEPOSITORY ACCOUNT NO. 12359-50752 FURTHER CREDIT TO ORDER NO: 093066115 ATTN: TOM VOTEL TITLE OFFICER AP JTF EXCPTNSC-02/27/92-!rc A 6.69 sIl& 2W 107.00 C 22&30 S7f5~36E 0 225.02 5 (asw E 116.68 SI(iIE 40300 S36l54tW G 5900 fl2q5409( H 24ft49 He 5d4 .1 259.72 R1342 94 252.43 117243S0t I. 210.44 03341'I3'E U 10.18 R=25 N 45.Cl1 49-250 P 353* 94593154W U Rm . R 31.67 H440'56"W 5 40.490 R=25 I 250.46 H33II'13t 91 22.03 R-410 V 37.46 49-30 W 7.40 R-20 N 25243 9D2 4350'E Y flZZ0 99-1*49 7 2493.71 99-3484 AA 11443 1950' 320S'E ii \ N't's ) w siii : -- I) -f C) - ?2.2-cII l r: L JJ00* I &13 M (SI 0 31.4L SO /1 AI- Or .. L a4c i 11Z1 h ( z •-j*.(l1H J 8. Nfra"() 39.4 2 AC • \ _ SHT 2 Q tc AC * si &acos vy *0 IN 14 wwr a cii& OW15 SHT I tMIt 3 CTRL 464939 4 U71 AC - 39O11M' - 7. 11 1. - r NSP DO OF () 14 24SACSHT 2 FSVC*1 LC Oil C1 FW4 QD All ®®O 4I - , SHI 1 59Ti . ID '-4 Co In In uJ o 4_n In In a: U 0 4_n In 4_C 06 ry Ui a: SP 2 I 5. 4: @ r43X, I 5. 8. 3$.30C 4 ® 6. 1 'A /7j•49 146A I)tfl7 .309?1S 3490 AC - f 215 SI-IT I 0 U () N12fl79 4124 / 1 44 In 2.9) ct O€TAU. "u° I"=400 Wm 0' 0 _ Ill IlI 1' S4TC&E 1lW44Is51044 104E A03 5. 01999. 14042 1951' CPA3.Afl TCT NO KAWC1IO CARfiTILO VIILAGE '( PHASE U It. CTRL 1552Z B, 0116- 14913 NSP WT.SRM TOT NO *7-18 M' cARLOL.O TUT 190 93-04 RANC*) CAJ0415J0 Vl1U 'Q- RMIOHO CARRILLO 9)A5 3. 4 k5 1. Cm ram W CAMS" 101 990 9.7-04 43 ftMO4O 49*489913.0 V I. Is U 8. CR44. r214 NV 0*41152*0 101990 67-03 8*4400 0*6999110 VIUJC( C I'. I. 09111 0521a 9951' CA#LR4)0 101 NO 97-04 SEC 19-TI2S-R3W-P0R RMCHGC*fliC1.1E-f ROS 9112, 9461 ) L3088)4336,1 559 ID. SUE AN P0 FM rnil&tTPc N m own 4. I 1I 1449 WAS PE9440 09 AcJ4I 9J 7&L 90 11491J19 5 I I s.14O R THE AlWCT Cl 14-3 DATA 917141 A5Cl5ThS P#R21S I IUI NOT ONLY Will L4LJ. sum6wo 01 311a0 C1I4UCE . 1w ZIT oj 8 In IE '-4 I I . 0 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: HORTON, D. R. SAN DIEGO INC Description Amount CT 990011 8456 01126/00 0001 01 02 C-PRMT 1088 Receipt Number: R0009551 Transaction Date: 01/26/2000 Pay Type Method Description Amount Payment Cash 10.88 Transaction Amount: 10.88 I I City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 Applicant: D.R. HORTON SAN DIEGO INC Description Amount CT 990011 10,330.00 Receipt Number: R0002705 Transaction Date: 04/19/1999 Pay Type Method Description Payment Check 20378 8760 04/19/99 0001 01 02 C-PRMT 10330-00 Amount 10,330.00 Transaction Amount: 10,330.00 i1O' 0 S 1; 6itv of Ca*rlsbad DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board. Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names. title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person 3okt D. ICQr .Jr. Corp/Part_D.R. Horton San Diego, Inc. Title Ok'. Pre . Title__________________________________ Address Address1010 S. Coast Hwy 101, Ste 101 Encinitas, CA 92024 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titls, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Ta L-sn D. fr-. Corp/Part_D.R. Horton San Diego Holding Title 13 'v- Pce Title Company, Inc Address Address1010 S. Coast Hwy 101, Ste 101 Encinitas, CA 92024 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576• (760) 438-1161 • FAX (760) 438-0894 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (I) or (2) above is a nonprofit or ganization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non ProfitlTrust Non Profit/Trust__________________________ Title Address 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards. Commissions, Committees and/or Council within the past twelve (12) months? El Yes 1771 No If yes. please indicate person(s):______________________________________ inli NOTE: Attach additional sheets if necessary. I certify hat lithe above infor ation is t ue and correct to thees of my knowledge. Signature of owner/date Signature of applicant/date 13 A rt i. t<'rr- 3r. at ,, r). !ri- Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COtJNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 6itv of, Planning Department Carlsbadi - DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board. Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defmed as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names. title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation. include the names. titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person3ot1 D. JCqr'r Jr, Corp/Part D.R. Horton San Diego, Inc. Title D.'. 'Pre s . Title_________________________________ Address Address1010 S. Coast Hwy 101, Ste 101 Encinitas, CA 92024 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation. etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person 3oL'# ID. 3'r. Corp/Part_D.R. Horton San Diego Holding Title 0v, Pte Title Company, Inc Address Address1010 S. Coast Hwy 101, Ste 101 Encinitas, CA 92024 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576• (760) 438-1161 • FAX (760) 438-0894 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant 10(1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non ProfitlTrust Non Profit/Trust__________________________ Title Address 4: Have you had more than $250 worth of business transacted with any member of Cit -v staff. Boards. Commissions. Committees and/or Council within the past twelve (12) months? Yes 2j No If yes. please indicate person(s):_______________________________________ NOTE: Attach additional sheets if necessary. I certify hat 11 the above infor at-ion is t ue and correct to the es of my knowledge. Signature of owner/date Signature of applicant/date 3ckr D. Jr'. OL Ii I''- 2. Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent MIN'OiINTFP'fl!SOLOStJRE STATEMENT 5'93 Page 2 of 2 . . City of Carlsbad DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defmed as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other country city, and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names and titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Address — I Ad ess 2iI i-araaayPVenue, uite 1UU, / 7' Carlsbad, CA 92008 2. OWNER (Not the applicant's agit) ____ Provide the COMPLETE, LEG names and addresses o - rsons having any ownership interest in the property involved.( Also, provide the nature of the legal ownership (i.e. partnership, tenants in common, non-profit, corporation, etc.) If the ownership includes a co rporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUAL OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABL (N/A) [N THE SPACE BELOW. If a publicly-owned corporation, include the names ai\d titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person TitI Ti Address 1010 South Coast Hi Encinitas, CA 92024 2075 Las Palmas Dr. • Carlsbad, Ca 92009-1576 • (760) 438-1161 • (760) 438-0894 p:apphc2trons\1375\O74\discIosure statement.doc I . I., . 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust. List the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Person Corp/Part Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? E Yes 0 No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. X/ W-. & X [C—, Signature of owneVIate Signature of applicant/date David. A. Lother John D. Kerr, Jr. Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMNCOUNTERDiSCLOSURE STATEMENT 5\98 Page 2 of 2 kappItcations\1375\O74'disctoSure statement.doc . O PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Rancho Carrillo Village "L" APPLICANT NAME: D.R. Horton San Diego, Inc. 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. This application is a request for a Tentative Map, Condominium Permit, and a Minor Master Plan Amendment for Rancho Carrillo's Village L. The project proposes the development of 82 condominium units on approximately 5.3 acres. The 82 units are in the form of 6 plex, 8 plex, and 10 plex buildings with 3 plan types ranging in size from approximately 1,115 SF to 1,189 SF. Each unit has two covered parking spaces and 2 or 3 bedrooms. The Minor Master Plan Amendment simply proposes to add one bullet point item to the Special Design Criteria for Village L on page 158 of the Master Plan to allow for 24' wide motorcourts to provide access to the garages (please see enclosed highlighted bullet item). This proposed Minor Master Plan Amendment is very similar to the amendment approved by City Council on October 27, 1998 which allowed 20' wide motor courts in Rancho Carrillo's Village A. The internal auto courtyards of this project are more analogous to underground parking rather than typical surface parking. Only vehicles of the residents of the building will traverse the 24' wide motorcourt entries, and all garages will be equipped with automatic garage door openers. The internal motor courts increase the aesthetics of the project since the garage doors are not a conspicuous part of the project. Pedestrian and guest traffic, as well as guest parking, is adequately accommodated outside of the motorcourt areas. We believe that the design of the project justifies proposed Master Plan Amendment. There has been a lack of new attached ownership projects in Carlsbad in the past decade. The proposed project has proven to be functional and it will provide home buyers with a greater variety of product types within the City as well as within the Rancho Carrillo Master Plan. Rev. 4/91 ProjDesc.frm \\pcserver\pI2nnIngapphc3tonS\1375\O74\PrOideSC.d0C I . 12. VILLAGE a. Description Village L is located east of Melrose Drive with Open Space Area 4 on the northwest side, Open Space Area 5 on the northeast boundary and Village M to the south. Village L has a gross area of 5.8 acres and a net developable area of 5.1 acres. This village will have views to the north into the open space area. b. Use Allocation General Plan Land Use RH (15-23 du/ac) Growth Management allows 96 units. C. Product Type Multifamily d. Special Design Criteria All community-wide design standards described in the Community Development Standards section of this Master Plan shall be implemented in this planning area. The following specific guidelines shall be included in this planning area: • Units shall be designed to take advantage of views to the open space area to the north. • The noise generated from Melrose Drive shall be mitigated per the City of Carlsbad's Noise Element and Noise Guidelines Manual. • Landscape screening of the dwelling units shall be incorporated to soften views of these structures from Melrose Drive. 158 . 12. VILLAGEL a. Description Village L is located east of Melrose Drive with Open Space Area 4 on the northwest side, Open Space Area 5 on the northeast boundary and Village M to the south. Village L has a gross area of 5.8 acres and a net developable area of 5.1 acres. This village will have views to the north into the open space area. b. Use Allocation General Plan Land Use RH (15-23 du/ac) Growth Management allows 96 units. C. Product Type Multifamily d. Special Design Criteria All community-wide design standards described in the Community Development Standards section of this Master Plan shall be implemented in this planning area. The following specific guidelines shall be included in this planning area: • Units shall be designed to take advantage of views to the open space area to the north. • The noise generated from Melrose Drive shall be mitigated per the City of Carlsbad's Noise Element and Noise Guidelines Manual. • Landscape screening of the dwelling units shall be incorporated to soften views of these structures from Melrose Drive. 158 . I 12. VILLAGE a. Description Village L is located east of Melrose Drive with Open Space Area 4 on the northwest side, Open Space Area 5 on the northeast boundary and Village M to the south. Village L has a gross area of 5.8 acres and a net developable area of 5.1 acres. This village will have views to the north into the open space area. b. Use Allocation General Plan Land Use RH (15-23 du/ac) Growth Management allows 96 units. C. Product Type Multifamily d. Special Design Criteria All community-wide design standards described in the Community Development Standards section of this Master Plan shall be implemented in this planning area. The following specific guidelines shall be included in this planning area: S Units shall be designed to take advantage of views to the open space area to the north. • The noise generated from Melrose Drive shall be mitigated per the City of Carlsbad's Noise Element and Noise Guidelines Manual. • Landscape screening of the dwelling units shall be incorporated to soften views of these structures from Melrose Drive. 158 I 0 STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for the Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as compete to properly review all of the applications. gnature Date John D. Kerr, Jr. Developer Name (print) Relationship to Application (Property Owner-Agent) p:\applications\1376\074\statementofagreement.doc 4/13/99 6:15 PM I I Hofman Planning A s s o c i a t e s Planning Project Management Fiscal Analysis April 19, 1999 Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009 SUBJECT: APPLICATION SUBMITTAL FOR VILLAGE L OF THE RANCHO CARRILLO MASTER PLAN This letter accompanies applications for Village L of Rancho Carrillo. The project proposes the development of 82 condominium units. The applications include a Tentative Map, Condominium Permit, Master Plan Amendment, and EIA Part I. Enclosed are the following. • One (1) Land Use Review Application • Ten (10) copies of the Site Plan • Ten (10) copies of the Landscape Plan • Ten (10) copies of the Floor Plans and Elevations • One (1) Site Location Map • One (l)EIA Part I • Two (2) copies of Notarized Public Facilities Fee Agreement (one original and one copy) • One (1) Disclosure Statement • Three (3) Copies of the Preliminary Title Report • One (1) signed statement of agreement to waive tentative parcel map time limits • Two (2) copies of latest soil study for the site • One (1) copy of the preliminary hydrological study • Photographs of the site • Four (4) color materials boards • One (1) Project Description/Explanation sheet • Three (3) strike out/highlight copies of the revised Master Plan text • Application fees in the Amount of $20,280.00 Please note that a school district letter is not being submitted since the City is fully aware that a school site/agreement has already been dedicated for the Master Plan. If you have any questions, or if you would like any additional information, please feel free to give me a call. Sincere ,2 — o Carrigan cc Stefan LaCasse, D.R. Horton Dave Lother, Continental Homes 5900 Pasteur Court • Suite 150 • Carlsbad • CA 92008 • (760) 438-1465 • Fax: (760) 438-2443 IN CFD - DIFFERENT 0* CA Carlsbad PUBLIC FACILITIES FEE REQUIREMENTS City Council Policy No. 17 requires that all developers requesting a discretionary action for a project pay a Public Facilities Fee. The fee is computed by the Building Department and paid at the time the Building Permit is obtained. In the case of a condominium conversion, the fee is calculated on the building valuation at the time the fee is paid and the fee must be paid prior to obtaining a Final Map on the project. In addition to the above, a completed, signed, and notarized agreement to pay the Public Facilities Fee must be submitted with any application for a discretionary action. Applications for the construction of any building by a nonprofit corporation exclusively for religious, education, hospital or charitable purposes are excluded from the payment of this fee and completion of this Agreement. Also excluded are applications for the construction of any building by the City of Carlsbad, the United States or any department or agency thereof or by the State of California or any department, agency or political subdivision thereof. This agreement form should be completed by the Applicant and submitted as follows: 1. Select the appropriate form for either (a) the Developer and Owner are the same party, or (b) the Developer and Owner are different. Fill in the date the agreement is completed; the name and address of the Developer, and Owner, if appropriate, and state if each is an individual, partnership, corporation, etc. Fill in the type of project proposed to be constructed such as, a 12-unit condominium or 30,000 square foot shopping center, etc., and the proposed name (if any). 4. Fill in the date the request will be (or was) submitted and the type of request such as, a tentative may condominium permit, or rezoning, etc. 5. Type a short legal description of the property on the last sheet (Exhibit "A"). Legal must be an original. No reproduced copies will be accepted. Sign the form in the presence of a Notary and have the Notary attach an Acknowledgment of Execution to the form. a. Include the title of the person signing the form (General Partner, Vice-President, etc.). If the agreement is signed by a corporate officer, the Corporate Seal must be stamped by the signature. b. Be sure the Notary form is the correct type. The "ALL—PURPOSE ACKNOWLEDGMENT" is the only acceptable form. (See attached). Form 18A Rev. 01/11/96 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619)438-1161 MOS . . 7. Use the attached form as an original. A reproduced copy will not be accepted. Submit the original of the agreement and one (1) copy. A current copy of the preliminary Title Report must accompany each application. The preliminary Title Report must have been issued within the last six (6) months. 9. Attach a check, payable to "City of Carlsbad". See current fee schedule for amount. Form 18A Rev. 01/11/96 S . RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: ) ) City Clerk - ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, California 92008-1989 ) Space above this line for Recorder's use AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. I Parcel No. 222-010-44 (a portion) TI-ITS AGREEMENT is entered into this 15 day of April , 19 99 by and between (name of developer) D.R.HortonSanDiego,Incorporated a (corporation, partnership, etc.) corporation , hereinafter referred to as 'Developer" whose address is(sireet, city, state, zip code) 1010SouthCoastHighway101,Suite101 Encinitas,CA92024 and (name of legal owner) ContinentalRanch,Inc. a (individual, corporation, etc.) a Delaware corporation , hereinafter referred to as "Owner" whose address is (street, city, state, zip code) 2237FaradayAvenue,Suite100 Carlsbad, CA 92008 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. Form Approved By City Council July 2, 1991 Form 18A Resolution No. 91-194/KJH Per Jane Mobaldi. Rev. 01/11/96 S RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A". 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 has contracted with Owner to purchase the property and proposes a development project as follows: An 824 multifamily condominium development on approximately 5.3 acres on said Property, which development carries the proposed name of Rancho Carrillo Village "L" and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 16 day of April , 19 99, with the City arequest for aTentativeMap,CondoPermitandminorMasterPlanAmendment hereinafter 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 and Owner have asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed: but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer and Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. Form Approved By City Council July 2. 1991 2 Form 18A Resolution No. 91-1 94/KJH Per Jane Mohaldi. Rex. 01/11/96 r . NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer and Owner shall pay to the City a public facilities fee in an amount not to exceed 1.82% of the building permit valuation of the building or structures to be constructed 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 shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer and Owner shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 1.82% of the building permit valuation at the time of conversion. The fee for a condominium conversion 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 permit" 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 and Owner shall pay the City a public facilities fee in the sum of $598 for each mobilehome 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 according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer and Owner 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 and Owner offer to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Form Approved By City Council July 2, 1991 3 Form 18A Resolution No. 91-194/KJH Per Jane Mobald. Rev. 01/11/96 S . 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 be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 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 unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing 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. Form Approved By City Council July 2. 1991 4 Form 18A Resolution No. 91-194/KJH Per Jane Mobaldi. Rev. 01/11/96 S . 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. Owner and City, and references to Developer. Owner 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 terminate; provided, however, that any successor to Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner's interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of Owner in writing in a form acceptable to City. 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 5 Form 18A Resolution No. 91-194/KJH Per Jane Mobaldi. Rev. 01/11/96 . . IN WITNESS WHEREOF, this agreement is executed in San Diego County. California as of the date first written above. OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California By: " LoIn (Sign ture) MARTIN ORENYAK, for City Manager / PMviD 4.Lor•2 (print name) L'i (title) By:By: (signature) (print name) (title) DEVELOPER: ar~o Lce (name o veloper) <By: (signature) —jo t~" I (print name) (title and organization of signatory) By: (signature) (print name) (title and organization of signatory) ATTEST: ALETHA L. RAUTENXRANZ, City Clerk APPROVED AS TO FORM: RONALD R. BALL, City Attorney Deputy City Attorney (Notarial acknowledgment of execution of DEVELOPER and OWNER must be attached). (President or vice president AND secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation). (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). Form Approved By City Council July 2. 1991 6 Form 18A Resolution No. 91-194/KJH Per Jane Mobaldi. Rev. 01/11/96 . . EXHIBIT "A" LEGAL DESCRIPTION RANCHO CARRILLO VILLAGE "L", BEING A DIVISION OF ALL THAT PORTION OF SECTIONS 18 AND 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNADINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. Form Approved By City Council July 2, 1991 7 Form 18A Resolution No. 91-194/KJH Per Jane Mobaldi. Rev. 01/11/96 . STATE OF CALIFORNIA COUNTY OF SAN DIEGO On/v1 I jc4C( before me, ccfk VcLveLc-j 1 Notary Public, personally appeared Tivi 0. YVTV. . , personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(4) whose name is/a-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisIhetheir authorized capacity(ies)-, and that by hisfhetheir signatur-es) on the instrument the person(s)-, or the entity upon behalf of which the persons)- acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary) CO1.EITE KAVANAGH k. Commission #1153133 Notary Public - California Son Diego County My Comm. Expiis Sep 6, O1 Form Approved By City Council July 2. 1991 8 Form 18A Resolution No. 91-194/KJH Per Jane Mobaldi. Rev. 01/11/96 . . D.R. HORTON SAN DIEGO HOLDING COMPANY, INC. CONSENT OF SOLE DI1ZCTOR Pursuant to Section 307(b) Code, the undersigned, being the Diego Holding Company, Inc., "Company"), hereby consents in following resolutions: Election of Officer of the California Corporations sole director of D.R. Horton San a California corporation (the writing to the adoption of the RESOLVED, that John A. Kerr, II, is hereby elected to the office of Vice President of the Company to serve as Division Manager of the Company's San Diego Division until the 1999 annual meeting of directors of the Company and until his successor in duly elected and qualified or until his earlier death, resignation or removal.; RESOLVED FURTHER, that John A. Kerr, IX, as Vice President of the company, is hereby authorized and empowered, in the name and on behalf of the Company, (i) subject to corporate approval by any one of the following directors or officers of the Company: a) the Board of Directors of the Company, b) the Chairman of the Board and President, a) Donald J, Teinnitz, Executive Vice President, 6) David T. Keller, Executive Vice President, e) Richard Beckwitt, Executive Vice President, or f) Thomas F. Noon, Vice President (the "Approving Officers"), to execute and deliver contracts, agreements and other documents and :Lnstr=ents for the purchase of real property, and any improvements or appurtenances constructed thereon or affixed thereto, or any interest therein, including without limitation any right-of-way, easement, leasehold or other tangible or intangible property, right or interest, and any personal property relating or incident thereto, (ii) subject to the written cozporate approval of any one of the Approving Officers, to execute and deliver contracts, agreements, deeds, conveyances or other obligations of the Company, closing statements and other documents and instruments for the sale of improved or unimproved real property, or any interest or right therein, owned, leased or otherwise controlled by the Company, and (iii) to execute and deliver such other agreements, instruments or documents as the Approving Officers of the Company shall direct; . I RESOLVED FURTUEP, that, in connection with the management of the Companyrz business, John A. Kerr, II, as Vice Pxesident of the COIULaZIY, shall be authorized and empowered, in the name and on behalf of the Company, to execute and deliver (i) home sales contracts, salesman's employment agreements and similar or equivalent agreements, documents or instruments and (ii) model home and office leases and personal property leases for, among other things, office equipment and construction trailers; and RESOLVED FURTHER, that in connection with the management of the Company's business, John A. Kerr, II, as Vice President of the Company, shall be authorized and empowered, in the name and on behalf of the Company, to execute and deliver any and all documents and instruments necessary to sell and convey title to single-family homes. IN WITNESS WHEREOF, the undersigned has set his band this 3rd day of 72fd , 1998. ~ S, Z -A; ~ Donald IL Horton L:USEnsSCOXDWNMGRODDMGRS.WpD State of California County of San Diego On April 15, 1999 before me, Nancy A. Nemec, Notary Public, personally appeared David A. Lother , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. r1 c u,n,1XO31 I Nancy A Nem'ec Notary Public . . CERTIFICATE OF CORPORATE RESOLUTION OF CONTINENTAL RANCH, INC. I, Susan M. Gaupel , Assistant Secretary of CONTINENTAL RANCH, INC., a Delaware corporation ("Corporation"), do hereby certify that I am a duly elected, qualified and acting officer of the Corporation and, as such, I am familiar with the books, minutes and records of the Corporation; that no provision of the Articles of Incorporation or Bylaws of the Corporation requires that any action or signature of the Corporation be attested by a corporate officer; that there is no provision in the Articles of Incorporation or Bylaws of the Corporation limiting the power of the Board of Directors to adopt the hereinafter stated resolutions; that the following is a true and accurate copy of resolutions duly adopted by the Board of Directors of the Corporation, on March 25, 1999 either at a duly held meeting of the Board of Directors or by unanimous written consent of all members of the Board of Directors of the Corporation; and that said resolutions have not been modified, rescinded or revoked and are now in full force and effect: RESOLVED, that the following persons are elected officers of this Corporation, to hold the offices set forth opposite their respective names below for the ensuing year or until their successors are duly elected and shall have qualified: Donald R. Horton ............. Chairman, President and Chief Executive Officer David J. Keller ............... Executive Vice President, Treasurer and Chief Financial Officer Richard Beckwitt .............. Executive Vice President Donald J. Toinnitz ............. Executive Vice President Thomas F. Noon ................ Regional President Greg Hastings ................. Division President Donald W. MacKay .............. Vice President David A. Lother ............... Vice President Bradley J. Tuck ............... Vice President Charles N. Warren ............. Assistant Secretary Ted I. Harbour ................ Assistant Secretary Stephen P. Perison ............ Assistant Secretary Paul W. Buchschacher .......... Assistant Secretary Susan M. Gaupel ............... Assistant Secretary James M. Peebles .............. Assistant Secretary B. Shawn Cox .................. Assistant Secretary Joan Fleming .................. Assistant Secretary 0 Certificate of Corporate Resolutions Page Two FURTHER RESOLVED, that the above named officers are further authorized and empowered to take whatever other action they deem appropriate to effectuate the purposes of the foregoing resolution on behalf of the Corporation. WITNESS my hand on this 25th day of March, 1999. CONTINENTAL RANCH, INC., a Delaware corporation By (AWIL) )N Assistant Secretary S DOC? 2000-0388942 JUL 24v 2000 2:17 PM OFFICIAL RECORDS 448 SAN DIE() COUNTY RECORDER'S OFFICE GREGORY J. SHITHs COUNTY RECORDER FEES: 16.00 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO ) City Clerk CITY OF CARLSBAD 20000388942 1200 Carlsbad Carlsbad,California 92008-1989 ad Village ve ix iS f'or,c- Space above this line for Recorder's use Parcel No. 222-010-44-00 NOTICE AND WAIVER CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS EASE NO: CT 99-11 1 CP 99-08 This Notice and Waiver Concerning Aircraft Environmental Impacts is made by D. R. Horton San Diego Holding Company, Inc. (name of legal owner), a California Corporation, herein after referred to as the "Owner". Owner is the master developer of Rancho Carrillo, a master planned residential community, situated in the City of Carlsbad ("City"), County of San Diego, State of California. RECITALS A. The purpose of this Notice and Waiver is to disclose to the fullest extent possible present and future potential airport impacts by all manner of aircraft that will generate noise and other environmental impacts associated with the operation of McClellan-Palomar Airport located in the City ("Airport"). B. Owner is the master developer of a subdivision within Rancho Carrillo, Village L, more fully described as: Lot 240 of Carlsbad Tract No, 93-04 Rancho Carrillo Villages "L and M" in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13838 filed in the office of the County Recorder of San Diego County August 23, 1999 as file no. 1999-582013 C. The property is located approximately 1.5 mile(s) from the Airport. The Airport is operated by the County of San Diego. The Airport operation results in aircraft and helicopter noise in the area surrounding the Airport, including the Property. D. Neither City nor Owner has any responsibility or control over the operations of the Airport, including without limitation, the types of flight operations, types of aircraft (including jet aircraft and helicopters), timing of flight operations, location of flight patterns or frequency of the flights. Noise Form #2 Mod. 07/01/97 S . FORM: NOISE 2:2 OF 3 F. It is the desire of the City and Owner to give notice to any potential purchaser of the real property of the air flight operation and the fact that purchasers may be subject to overflight, sight and sound of aircraft operating to or from the Airport. Furthermore, this Notice and Waiver is for the purpose of disclosing the potential of future impacts of noise and other environmental impacts resulting from all manner of aircraft, including public, private, military and helicopters. NOW, THEREFORE, in light of the Recitals above, Owner does, for itself, and its successors and assigns, give the following Notice and makes the following Waiver: 1. Owner has and shall develop the property in accordance with Carlsbad Tract 99-11, approved by the City, which approval includes the requirement of the City that the development of the Property is consistent with the Land Use Element and Noise Element of the General Plan of the City. An Environniental Impact Report ("EIR") has been certified by the City and the Owner's development is consistent with the findings of the EJR. 2. The flight operations associated with the Airport may create significant aircraft environmental impacts affecting the purchasers, tenants and occupants of the Property. Furthermore, such purchasers, tenants and occupants of the Property reside there subject to such overflight, sight and sound impacts. 3. The Property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Notice and Waiver. This Notice and Waiver shall run with the Property and shall be binding upon all parties having or acquiring any right, title or interest in the property. Noise Form #2 Mod. 07/01/97 . . FORM: NOISE 2:3 OF 3 4487 4. Owner acknowledges and accepts these existing and future impacts referenced herein and forever waives any and all causes of action, and hereby covenants not to sue the City, its agents, servants or employees as to any damages or injuries resulting from said impacts. However, such waiver by Owner shall not be deemed to include any waiver of impacts associated with Airport operations if City should assume control of the Airport in the future. Signed this L day of )).R._JL...pw i&ioLbr, (-uP Z' Y7: (sign here) -TU . k.- (print name here) (title and organization of signatory) By: (sign here) (print name here) (title and organization of signatory) (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president AND secretary, or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONAL . BALL, City Attorney By: Deput City Attorney Noise Form #2 Mod. 07/01/97 . I STATE OF CALIFORNIA 4488 COUNTY OF SAN DIEGO On j t before me, Notary Public, personally appeared V personally known to me — or proved to me on the basis of satisfactory evidence to be the person(*- whose namee isare- subscribed to the within instrument and acknowledged to me that heshe1they- executed the same in hisb#thefr- authorized capacity4iesh and that by hisll4erftheir signature{s) on the instrument the person(st, or the entity upon behalf of which the person-(s) acted, executed the instrument. WITNESS my hand and official seal. \ (____ '---v------ ------ (Signature of Notary) r VAGH I Commission #1153133 Notary Pubflc - California ft San Diego County I jI,_nll 1 JHT L-Ww 1W Rev. 06/04/96 . I D.R. HORTON SAN DIEGO HOLDING COMPANY, INC. CONSENT OF SOLE DIRECTOR Pursuant to Section 307 of the California Corporations Code, the undersigned, being the sole director of D.R. Horton San Diego Holding Company, Inc., a California corporation (the tCompany It), hereby consents in writing to the adoption of the following resolutions: Election of Officer RESOLVED, that John D. Kerr, Jr. is hereby elected to the office of Vice President of the Company to serve until the 1997 annual meeting of directors of the Company and until his successor is duly elected and qualified or until his earlier death, resignation or removal; RESOLVED FURTHER, that, as Vice President of the Company, John D. Kerr, Jr. is hereby authorized and empowered, in the name and on behalf of the Company, (i)- subject to corporate approval by the Board of Directors, Donald R. Horton, Chairman of the Board. and President of the Company, or Thomas F., Noon, Vice President of the Company, to execute and deliver contracts, agreements and other documents and instruments for the purchase of real property, and any improvements or appurtenances constructed thereon or affixed thereto, or any interest therein, including without limitation any right-of-way, easement, leasehold or other tangible or intangible property, right or interest, and any personal property relating or incident thereto, (ii) subject to the supervision of Donald R. Horton, Chairman of the Board and President of the Company, to execute and deliver contracts, agreements, deeds, conveyances or other obligations of the Company, closing statements and other documents and instruments for the sale of improved or unimproved real property, or any interest or right therein, owned, leased or otherwise controlled by the Company, and (iii) to execute and deliver such other 08/14/96 09:44 1 NO. 011 agreements, instruments or documents as the President of the Company shall direct; and RESOLVED FURTHER, that, as Vice President of the Company, John D. Kerr, Jr. is hereby authorized and empowered, in the name and on behalf of the Company, to execute and deliver (1) home sales contracts, subcontractor and vendor agreements, salesman's employment agreements and similar or equivalent agreements, documents or instruments, (ii) any and all documents or instruments necessary to sell and convey title to single family homes, and (iii) model home and office leases and personal property leases for, among other things, office equipment and construction trailers. 1N WITNESS WHEREOF, the undersigned has set his hand this 29th day of July, 1996. Donald R; Horton coR.p/um/499. -2- t - S 111111111111111111111111111111111 2000-0717075 DOC• 2000-0717075 DEC 29, 2000 11:28 AM 8829 OFFICIALcos SU DIEGO COtMTY RECORDER'S OFFICE GREGORY J SMITH, COtKIV RECORDER FEES:-- 13.00 RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk ) k. y[' CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) - Carlsbad, California 92008-1989 Space above this line for Recorder's use Ae$sQrs Farce t4ut*ber 222-Oi 0-44-00 Project Number and Name CI 99-1 1 /CP 99-08 F RESTRICTION QN REAL PROPERTY The re frprty located in the City of Carlsbad, County of San .Oiego, State of California cscribêd as follows: Lot 240 of Carlsbad Tract No. 93-04 Rancho Carrillo Villages '1 L and M11n the City of Carlsbad, County of San Die9O, State Of Caltforrna, according to Map thereof No 13838 fled, in the office of t he County Recorder of San Diego County August 23, 1999, as: file no, 1999-582013 is restricted by a Tentative Tract Map and Condominium Permit, No(s). 99-11 and 99-08, issued by the City. of Carlsbad on March 20, 20010. A copy is on file at the City of Carlsbad Planning Department The obligations and restrictions imposed are binding on all present or future interest holders or estate holders of the property. Rev. 06/04/96 . OWNER: CITY ID.Q. Sc.- (o.ttti Pnru tL_,~ Id 7-1 Signature Date o,t.kp'r- 3r. V.R Print name and title ATTEST: ,fJ. HOLZMI Director 1 Signature LO Ei'4WD, City Clerk APPRQVED"AS TO lfOkK Print name and-title RONA D R. BALL, City Attorney By: 1 iLrnci. Date awi m*qmt City Attorney (Proper n ota I now!edgmbt Of execution by Contractor must be etthed.) (Chairman, prsIdnt or vice-president and secretary, assistant søretiy, O0 or assistant treasurer must sign for corporations Otherwise, the corporation must attach a resolution certified by the secrtaiy or assistant secretary under corporate seal empQwering the officer(s) signing to bind the ctporation.) (If signed by • an individual partner, the partnership must attach a statement of partnership authorizing Rev. 06/04/96 . . STATE OF CALIFORNIA COUNTY OF SAN DIEGO On 6j P before me, c- Notary Public, personally appeared V—.-w_, [onally known to me - or [ ] proved to me on the basis oisatisfactory evidence to be the persons). whose names)- is/are- subscribed to the within instrument .and acknowledged to me that heishWThey- executed the same inhi i:thuthodZd capacity4ie), and that 1y hi ex/their signature9 on the instrument the persons)-or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hd and official seal. (Signature of Notary) COLETTE KAVANAGH Commission# 33 Notary Pubiic-Coitfomia San Diego Counly - MyComm.ExpesSep& 2001 Noise Form #2 Mod. 07/01/97 TENTATIVE MAP/CONDOMINIUM PERMIT MASTER PLAN AMENDMENT RANCHO CARRILLO VILLAGE "L° CITY OF CARLSBAD, CALIFORNIA K KEY MAP VICINITY MAP SOT TO SCALE PRIME ARTERIAL STREET MELROSE DRIVE ~Z ACP CARILLO WAY TOT TO 50900 L1 - ii/ L4#I- -U/MF'A 139 GENERAL NOTES I. TOT X.IF.LEPA8,E tREE S S ACRES 2 TOTAL (0 COlTS 84 1FEb07 14A.TIEAOILI' 0900215130 tOIlS S TOTAL TO LOTS EOIOTITOS1POTO5501. 8 ASCESNEO'S 740011 184001' 222-810-AA (A 7917(90) 8 0015TIIO/085#0005 00201L 90418 811 (IS-23 00'S/AC) 8 ERISTIML/PRT.b4500 2911(01 0064 o 9194171 IS IT 70'S/AC 19A 505/5,3 TOT EEVO,CPAW_E ACRES) O LOW 70120 28.0 8 0 4000401545.1 1041101 872 (8 00,1'S/LOUT 884 100)15) TO. TOTAL 00 TO 8,005 00010501 II (3 10-PIER'S S 0-PLEA'S 0 5 8-PIES'S) II TOTAL OJILUISAL 0400400 50,008 S.F. (I S AC GENERAL DESIGN NOTES 1. ALL STREET 0051038, 571.007 LIOITS, 470 FIRE II100ANTS TO 5810004 0 CITY TO 080,5040 ASSIGN STIA0880S.60 AS 40010 170 01' TIE CITY 01011)00 2 £40090013 AS 0100101081 7100)1'? OTICI1009, 758110 01111 TIES 001510I070. 3 ALL 70015000 UTILITIES TO 9006010840000. A 080108 ITIT0SVALS 2/ TO FEET 5. TOPOOTAPTI' 101747058? 11)81 00112001100 (00901189 PLATO) 8, 1170905 00400550040700010470 OtT 410 518.0Cr TO 00000 IS FIlIAL, 000)80 C040SISTCST WITH 00, CITY'S R.$STASTIAL CTOFC.4,04l,061 PS.ICT. 7 OJTETSRIUITE 0810)01 QUANTITIES' 010 0,805 0.1 FILL' IO,800 C.?. O 4 7181)0 UTILITY 400 A000SS 0450051 WILL CE OSTA%1040 5015 11€ 08104 TV STREETS 410 OTIUCS O LATOGEOPIIIC 1501 TREE PLi/OTT0140S900I.IIT050 71)0000,0092 LSSOS0000 2OIJAL ICLEST 450 FILL GECECS TOT TO 01000 0 I IT TOPICAL LOT EAAITMSO POT CITY TO CANLSO.OSSTO. W. CS-IT 00-27, 12 45450111001/1 3' - 5' UTILITY EASO.050 MAT 00 0081)405 ADJOECT4T TO PRIVATE STF0005 109 ,51ST 7009001 UTILITIES 3 OIlS IS A MAP 574 E0080l51L69 P55,0CC AS 0000820 IS 5007)00 1351 TO TIC CIVIL ECSTV 9' 00 STAlE TO CS,11000A 405 ISFILOO 75050451 TO 5€ 0095) VISI8A 097 ACT 4 FElICE 1119/I .00 090 TOOIALS 810 WALL MATERIALS 9015011210503CC PLO.TS 5 P000000 TO SITE -INC- AFP000IGITCLY 445 6. PVELIUISAOI' SOILS FROSTY 08072100 91 000000, ITO 00100 450107, 983 7 10091 PIUS'S' SI0I.G ST ST ITOIVIOUAL 080173100000 8 P00-OCT 1550050S TOTAL 5704 LOUISE 50000, 20 PO0,00CT REWIRES 575 GPO ISO EXIST FE.? 04700 LEGAL DESCRIPTION LOT 72003010,5015 7030070 83300, 00(09 CASRTLGO VIGCAQU L TIC ClOT TO 000L0000, 001001157551 01000. 0147057041 I1555IA, 4000997)0 TO IMP 11ALSETO TOO 3838, FILES IS T100007'IEETO TOE C0.XOIORCEQIUPR TOSOS OIEGS 01101SF 400.1ST 23, 099 EASEMENTS NOTES 900.0 TO PLOT PUBLIC UTILITIES AND DISTRICTS GAS 9,00000810 00501000 GAS 110 0.000019 PACIFIC TOLL 70107101€ WIMP ... 01001..., CA 0/0,0040 0984ICIPAL WA000 0151, 03018440 USNICIPAL 60700 5(51. 5104/1 ORAlS ,, 11112 , , CI'-- 1045 CITY TO CAOL9JAO P8,0CC SCTCRIS , CITY TO CATLS8AS LAS 210005 1211010 00100, OISTRICT OWNER SUBDIVIDER 2 0 100181 SIN OIEGO 0 8 1051154 SOS DIEGO, ITO 000211,5 E80'4?R' 1100. ' IC 10105 02957 11101WAY 101, &ITE Ill UICIIOITAS, CA 9224A (760) 534-8709 (700) 639.000 71' 910111 VTIL ITT /00 AOTESS EASOOTIT 21 (100.I1IRO 049001) PRIVATE DRIVE "A PORT.- 607 1050903 C PA (10097,09 AS 9080) PRIVATE DRIVE "A PORT.', a' & "C tar 045002 BUILDING COVERAGE SUMMARY I OIIILOIFO I 71100 110. TO 301101015 IC, TO 081)15 7080091 94(0 FTOTPRIILT W. FT. TOTAL 0.00. 30950400 I 6-PIES 5 30 37.70 1 3,829 IS,145 I 8-0101 S 20 28.88 4,759 4.277 I 04107 (090) L&W (406) I 2 IT TO 20 IllS 2380 5,858 SASS 5.484 106770 107/0 SA N - 50,088 ARCHITECTURE PLAN TYPE SUMMARY BUILDING SUMMARY PROJECT SUMMARY TOTAL SITE AREA 231,940 TO 5.340 IDDII STVEEr 20900400 01 68.000 01' .0 AC 29* OUTLOIT1S COVERAGE 55,088 TO I I AC 224 ACTS UE/PAISI YE 70038710440140 10,717 TO 0440 54 R01.ATSIIO 0000)0250100 SPACE 0 1 94, 131 TO 2240 400 08N,*9,09I7,180.01000.OIOT,8,I,*O(O'IOO,800...lTO,,,0 0,80080 000 944 0808•4l8080T8l08 PARKING SUMMARY 8084(03 9400103 030341 2 CR90105 S0S/MIT • TO 20550600074005/0001 SLET FIRST 90 08005 . 5 III 30910101 - 0 5951 TOTAL 24 I 20 TOTAL. 792 I04 LEGEND PO4,00190000/U? - - - 50052 CTTA,N(.I8' REP) PJILOITO 110 @jI FIRE STCOATIT 00< REV AREA STVOETLICITT 040090051 LIlO C1054900T 740U1T.G1.0, I-C 5.500 P., 1200) PARALLEL 181111)0 CR151150 CONTILO _,,,.54O""-.., IOSIOIcSPPCA 710011€ W. 544 05791213 STIlt ATT0AIITICS OIL......... PAD ELEVATION P.237 7 RETAINITO TALL 110101 01004 ELEP 10.010,2 RANT/ALE WALL 1000008' .----o 00801 WILL 0100 00 10800 0.040 0910 o FISIST055IWAOELEV ES .422_ENS 9065D ISE 01 4_,_____ I/1/0CF10 OAVIOA 541101 0710 IRES R sm/os SATE TYPICAL DRAINAGE DETAIL L; I -11/ L;V 99-U3/MI-'A 139 (I /- ----- - - - ---- __7 -' --- --- .-- ' 4 0 049 7 I ) \ 7 14 In 0 40 00 720 Nola GRAPHIC SCALE PREPARED BY. TENTATIVE MAP/CONDOMINIUM PERMIT SHEET a iUANSAIER MASTER PLAN AMENDMENT RANCHO CARRILLO VILLAGE LU CITY OF CARLSBAD, CALIFORNIA OF ACTIVE/PASSIVE REC. AREA SUMMARY DEC50 NSS 03 P7-MS psm 5 72 SC TO 5,368 57 6037 AC A 87SF 0 7,273 SF 0025 Ac .55 57SF 3 871 SF 0000 AC PASSIVE 11 AREA 'C' 2,200 SF 0057 Al, PASSIVE SEC AREA '0' 7.500 03 0035 AC PASSIVE SEC AFAR E' 71500 SF 0034 AC PASSIVE REV AREA 'C' 770 SC 0058 AC PASSIVE SEC TOTAL 10,035 S.0 025 AC ACTLE RECTEA7VTI AREA'S' 3562 SI' SCSI SF L.i -1i/Ur-UtfMI-'A13 (1 AUTO/URT WALL J PLAN 3.1 12'V 120 PLAN 45 . 11 [ I 45V USE FOR FOR PLAN 2 'LAN MPL NGR ' ND EGRESS 'LAN 2 ,/ "I '--------- ------- PLAN - IE PLAN 1 PLAN I _- - PRIVATE PEDESTRIAN RAMP ----- ------ j STANDARD COMPACT NOTE PARALLEL PARALLEL PARALLEL SOURCE FOR VEHICLE TURNING MOVEMENTS END MIDDLE END ARE 24' RADIUS AASHTO "F" VEHICLE AND AlA ARCHITECTURAL GRAPHIC STANDARDS 1 I TYPICAL PARING SPACE INTERIOR DLDG\MOTOR COURT PARE INC DIMENSIONS TYPICAL TURNING MOVEMENTS SVASC 'AR PREPARED Br. TENTATIVE MAP/CONDOMINIUM PERMIT SHEET MASTER PLAN AMENDMENT I RANCHO CARRILLO 'OF CARLSBAD, CALIFORNIA I . . VILLAGE 'L' D.R. HORTON 99008 000590 1 OF 26 . . ___------------------.-- - .--- U 1 PATIO GARAGE TOTAL, I89 SF. Lrjij t EITTI af PATIO GARAGE TOTAL. 1,182 S.F. Lfl af IT= fl STUDY lLi LI fi I• . _- L TOTAL 1,115 S.F. F1AE UTILITIESIMETERS 24'-0' NOTE. NhNOO,4 PLACEMENT COE5FOND5 TO A ELEVATION. 0 T1 C, QO 597 S.F. 571 S.F. Ill 941 SF S . NOTE 4JNPO4 LACE1ENT COR,E5PONOS TO EL5V ON 0) 0 '1 1') C) 6-UNIT BUILDING SECOND FLOOR VILLAGE 'L' FOR D.R. HORTON 99C0SP2.6DWC AzP 497 S.F. W/O EXT. WALU 514 SF. WITH EXT. WALL! 496 S.F. WIO EXT. WALLS 605 S.F. WITH EXT. WALLS S S NOTE iiNDOk P_ACEENT COWESPONOE TO 4 ELEVATION 6-UNIT BUILDING THIRD FLOOR . . 6-UNIT BUILDING ROOF PLAN • S - H 1'ifttr 14 ____.l IIIJJd1I FRONT (ALL BUILDING TYPES) El- El-- El--. El- - El- ri I . I - rr . -El - El P19.0l FRONT (ALL BUILDING TYPES) . 6-UNIT BUILDING TYPICAL BUILDING MATERIALS VILLAGE 'L' El 0000 D.R. HORTON El 99008 6 OF 26 0405.09 011100 6-UNIT BUILDING VILLAGE 'L' D.R. HORTON 99008 . 7 OF 26 0405S9 011100 6799 . 33 -. ii r r H 4 -,- ------------------.-- -- :- 77 - -- r r '-1 :1 11-11 r7i P133332 ENHANCED REAR (ALL BULDE1D TYPES) . 6-UNIT BUILDING VILLAGE 'L' D.R. HORTON 99000 8 OF 26 0405.99 01.1132 0.729 . . Rp TOTAL' 1,189 S.F. 5 SP PATIO TOTAL. 1.162 S.F '•rFFE TOTAL. 1,182 S.F. 058_F ''l 112 __ -----------.------- _____-___ LC - 1L rD Cl [j ---.. -_-. -- --. L----- 1111 TOTAL. 1,115 S.F '745_F IT S 24.0' NOTE WINO P4CE'ENT CORRE5PON5 TO A ELEVATION. (0 0 '1 0) 597 S.F. QO 'II 571 S.F. 571 SF I 941 S.F. . S NOTE NiNCO .ACEMENT CORRESPONDS TO A ELEVAON 0 0 '1 C) 8-UNIT BUILDING SECOND FLOOR VILLAGE 'L' FOR D.R. HORTON 99108P2.SD"O 499 S.F. W/O EXT. WALLS 505 S.F. WITH EXT. WALLS 497 S.F. W/O EXT. WALLS 914 SF. WITH EXT. WALL1 Qo'll 498 SF. W/O EXT. WALL8 S SOS .F. WITH EXT F. S . NOTE iNDON PLACETENT CORRESPONDS TO 4 ELEVATION. 8-UNIT BUILDING THIRD FLOOR . S 8-UNIT BUILDING ROOF PLAN VILLAGE 'L' FOR D.R. HORTON 1141- 040999 .fl. fT ------- - ------------ ----_____ I- 104 $ '1 9!-- FHItHJiII 1 R. I Ii±J L±± 1LLIL , FW13S FLIltal PLANE PLANt 7 LEFT 4------- - (SEE TI-EETS 60808 FOR FRONTS 5808 REAR) LL -17 i!iI) :rI I 4 - (:±J PLAN I PLAN 2 PLAN SI P1006.0 GHT ------------------- ------------ __------------ 8-UNtT BUILDING 8(4. 5-08 VILLAGE 'L' D.R. HORTON 09009 . 13 OF 26 040599081(99 8750 id I - Zp I J~ ~RTS 6 ~ 8 FOR : COURT ..rr:J: * tt r11rvj-j 11"1Irr1r11- hliLJLI1 I - JJLIL la, JL - - • LJLJLi_UJLiHLiLj Ek Jj / N S 8-UNIT BUILDING VILLAGE 'L' D.R. HORTON 99008 0405.09 011100 14 OF 26 6799 V-1 1,2 24.-ø. V~7 QO PATIO -J H GARAGE I X 2-4 I - 7 H 0.Ji! _--1 Q0'llU___ TOTAL' 1)82 S.F. 'fl GARAGE SF fl7 I PATIO L=-' I - Q0'llL Li _______ TOTAL' 1,182 S.F. .-, 8 GARAGE 24'_o. 4 40"4 __ TOTAL' t182 S.F. 47$,. IJ_u I I i GARAGE ---1 Ifl ST DY H TOTAL' 1,115 S.F. - I GARAGE II SF. I 2FO' 4 20"4 II cj I F-- = I .Iui gig -- S NOTE' I,INOO4 PLACENENT CORREGPON5 TO 'A' EEV4TION 01 0 -Ti N) a) Qo 597 S F. Qo 'II 571 SF. Q0 'II 571 SF. 571 SF. I 941 SF. . . NOTE VSNDON L4CEMENT CORRESPONDS TO A ELEVATION. 0) 0 -Il I') 0) 496 S.F. W/O EXT. WALLS 505 S' F. WITH EXT. WALLS 497 SF. W/0 EXT. WALU 514 S.F. WITH EXT. WALU Qo 'II 496 S.F. WIO EXT. WALL1 505 S.F. WITH EXT WALL! QO 'II 498 SF. WI0 EXT WALLS 505 S.F. WITH EXT. WALLS . . NOTE IINO R.ACEMENT CORRESPONDS TO A OLE VA VON 10-UNIT BUILDING: 5+5 RAN- "DwelliS VILLAGE 'L' FOR D.R. HORTON QO8P1.IOOWCi TA K 0 ii C) . . 1 0-UNIT BUILDING: 5+5 ROOF PLAN J47• / // • ___ V KM 3" . ll_1111 ___ II IlIL lumm nowI ø : 19 OF 26 040500 011100 6700 II . (SEE SFEESS EASES FEE FRONTS 090 900R) . 10-UNIT BUILDING :5+5 VILLAGE 'L' D.R. HORTON 99008 20 OF 26 040599 6799 11100 'T 1)H H QO TOTAL' 1,189 S.F. QO 'II TOTAL' 1,162 SF. 96 SF E) TOTAL' 1.182 S F 'fL TOTAL' 1,115 SF. jc 0 -n N,) C) L_---- Q.D.H -- T H H Q 'II GARAGE H _--- H 1 rr :11 ------- GARAGE I QD 'II GARAGE ¶1] 2O0' 9 20'4' GARAGE mi I-- - ill .1 UTILITIES/METERS 10-UNIT BUILDING: 4+6 NOTE. WINDO PLACEM.ENT COESPONDG FIRST FLOOR To A ELEVATION. VILLAGE 'L' FOR D.R. HORTON 0713.99 597 S.F. QJo'll 571 SE 5p, 571 SF. I 941 SF. Qo 'II Qo ,ll Qo 'II I QJo ('I- D-1 1') N) 0 -n N) 0) 10-UNIT BUILDING: 4+6 SECOND FLOOR NOTE. NNDQN FLACEMANT COESONA VILLAGE TO A ELVAON 'L' fl FOR D.R. HORTON rrri ST A 1 CF L 77 Qo /fl cThT cj -"o 497 S.F. WIO EXT. WALLS 514 S.F. WITH EXT. WALL1 Qo 'II Qo 'II 498 SF W/O EXT WALLS 505 S.F WITH EXT. WALL1 Qo/ll 498 S.F. WIO EXT. WALLS 505 S.F. WITH EXT. WALLS 140-E- AINDON PLACEMENT COWWESPON5 TO A ELEVATION. 1\) co 0 T1 C) - . 10-UNIT BUILDING: 4+6 1/4' 1.0 VILLAGE 'L' D.R. HORTON 90000 25 OF 26 0709.99 011109 . (SEE EETS SMOG FOR FREAITS MO REAR) . 10-UNIT BUILDING: 4+6 ((4 -0 VILLAGE 'L' D.R. HORTON 9(408 26 OF 26 010409 0111(4