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HomeMy WebLinkAboutMCUP 06-01; NS025-02 La Costa Plaza; Conditional Use Permit (CUP) (6)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECKBOXES) I _ I Administrative Permit I _ I Administrative Variance I _ | Coastal Development Permit nm AilMCV^.I \\ Conditional Use Permt I I Condominium Permit | _ I Environmental Impact Assessment I _ I General Plan Amendment | _ | Hillside Development Permit I _ | Local Coastal Program Amendment I I Master Plan | _ I Non-Residential Planned Development | _ I Planned Development Permit (FOR DEPARTMENT USE ONLY) D D D D D D D D Planned Industrial Permit Planning Commission Determination Precise Development Plan Redevelopment Permit Site Development Plan Special Use Permit Specific Plan Tontativo Parcel Map Obtain from Engineering Department Tentative Tract Map Variance Zone Change List other applications not specified (FOR DEPARTMENT USE ONLY) 2) ASSESSOR PARCEL NO(S).: 3) PROJECT NAME: 4) BRIEF DESCRIPTION OF PROJECT:ef te. ftrtfett^ 6/1 /fro?, el 8 ti 5) OWNER NAME (Print or Type) ADDRESS 6) APPLICANT NAME (Print or Type) MAILING &UrT~MAILN ADDRESS CITY AND STATE ZIP TELEPHONE CITY AND STA^TE ZIP TELEPHONE f\DI &.h<J . EMAIL ADDRESS:EMAIL ADDRESS: 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. J-0A 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. tJ _ SIGNATURE DATE SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION Of ?Al A. t 2 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 14 Rev. 12/04 PAGE 1 OF 5 8) LOCATION OF PROJECT:fe. ON THE BETWEEN (NORTH, SOUTH, EAST7WEST) (NAME OF STREET) STREET ADDRESS SIDE OF AND (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 25) INT ZONE A/A/ t\\0" *®. 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE INADT 20) EXISTING GENERAL PLAN C-l 23) PROPOSED ZONING fl/ft- /_ C-l (NAME OF STREET) 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24) HABITAT IMPACTS IF YES, ASSIGN HMP # IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE cuf(^/\s * j /V, ii n • ••N^\(U^ AL FEE REQUIRED RECEIVED APR 10 2006 FEE REQUIREDQITY OF CARLS PLANNING DE DATE STAMP APPLICATION RECEIVED RECEIVED BY: Form 14 Rev. 12/04 PAGE 2 OF 5 angular W I S E L E 5 S REVISED PROJECT DESCRIPTION & JUSTIFICATION PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITY NS025-02 La Costa Plaza 7730 Ranch Santa Fe Road Carlsbad, CA 92009 Prepared for: City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92009 Prepared by: PlanCom, Inc. Contractor Representatives for Cingular Wireless 302 State Place Escondido, CA 92029 (760) 715-3416 Contact: Karen Adler, Planning Consultant February 27, 2006 Project Description (NS025-02) Page 1 2/27/2006 angular W I a E L E S S PROJECT DESCRIPTION/HEIGHT JUSTIFICATION Cingular Wireless (CW) is proposing to construct, operate, and maintain a wireless PCS facility consisting of a total of twelve (12) antennas, four (4) antennas each in three (3) antenna arrays. The antennas will be mounted behind RF transparent material inside two cupolas of the existing building. Neither the height nor the appearance of the existing cupolas will be changed. Photo simulations are provided with the application for the city's review. The supporting equipment will consist of the following: eight (8) self-contained Base Transceiver Station (BTS) outdoor equipment cabinets, one (1) electric meter panel, and one (1) telephone interface. Each of the BTS units will contain the electronic equipment necessary to operate the facility. The outdoor equipment will be located on the west side of the building behind an 8-foot high concrete block wall with a paint and stucco finish to match the adjacent building. The specific location and design of the proposed facility is illustrated in further detail on the site plan and elevation drawings. Nextel has currently has antennas located within the northeast cupola and parapet of the existing building. T-Mobile has a wireless facility on the adjacent commercial building to the south of the subject building. Verizon has a facility designed and approved on the adjacent building. PROJECT JUSTIFICATION/WIRELESS SERVICES PROVIDED Cingular Wireless is a public utility, licensed and regulated by the Federal Communications Commission (FCC) and informally by the California Public Utilities Commission (CPUC), and authorized to develop and operate a new wireless, digital PCS network throughout California and parts of Nevada. CW engineers responsible for the overall design and operation of the PCS network want to ensure that network coverage is available throughout the County of San Diego. The proposed site location is essential to meeting the network's current capacity and coverage needs in this area. At present, there is very little or no network coverage for Cingular to the roadways and homes located in this portion of the City of Carlsbad. The proposed facility is intended to address this need, and by design will interface with neighboring sites to provide high quality, consistent network operations to CW customers. In October 2004, the FCC granted final approval of Cingular's nationwide purchase of AT&T Wireless Services. As a condition of the sale, Cingular was required to sell all of its interest in Pacific Bell Wireless to T-Mobile USA effective January 5, 2005. Cingular Wireless sites permitted prior to January 5, 2005 are now under the sole control of T- Mobile. Cingular Wireless is now in the process of replacing coverage in areas where the newly purchased network is deficient. The proposed site allows the applicant to Project Description (NS025-02) Page 2 2/27/2006 angular W I H E L E S S provide coverage along Rancho Santa Fe Road, Olivenhain Road, and the surrounding residential communities. Cingular Wireless intends to provide voice, data, video and wireless local area network (LAN) applications with the installation of this facility. SITE CHARACTERISTICS The underlying zoning of the proposed site is C-l Commercial. The current on-site use is a retail center. The proposed use is an unmanned wireless communication facility. Nextel has existing antennas and equipment on the site. The surrounding land uses are as follows: North: Vacant Commercial property South: Planned Community East: Planned Community West: Rancho Santa Fe Road - Single Family Residential OPERATION & MAINTENANCE Once constructed and operational, the communications facility will provide 24-hour service to its users seven (7) days a week. Apart from initial construction activity, a CW technician will service the facility on an as-needed basis. Generally, this is likely to occur once per month during normal working hours (between 7 AM, SAM on Saturdays, and Sunset). A computer may handle much of the operational adjustments remotely. A CW technician in a service van or pickup truck-size vehicle will perform the routine maintenance operation. Beyond this routine maintenance service, CW typically requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted during an emergency. SITE SELECTION/PREFERRED SITES PER SECTION A.I. OF COUNCIL POLICY 64 The proposed project site is zoned C-l, Commercial, which is classified as a non- residential zone in the location guidelines adopted per Council Policy 64, Section A.I.e. As such, the project site is a "Preferred Location" and is encouraged by the Wireless Communication Facilities (WCF) guidelines. The proposed design incorporates the antennas into the existing architecture and completely camouflages the facility. The subject property is the only commercial property in the area designated C-l, Commercial, and considered a preferred location for WCFs. Since the project site was Project Description (NS025-02) Page 3 2/27/2006 cmgu ar WIRELESS host to three additional carriers, consideration for alternate sites was limited to the proposed project. An undeveloped commercial property exists to the north of the subject property across La Costa Ave. However, until developed this property is not a viable candidate. LANDSCAPING No additional landscaping is proposed for the project. NOISE/ACOUSTICAL INFORMATION Cingular is proposing to use Ericsson RBS2106 outdoor equipment cabinets. The noise specifications for the RBS 2106 cabinets are provided with this submittal in a generic letter analysis. HAZARDOUS MATERIALS Sealed lead acid batteries are used for back-up power in the event of a power failure on most Cingular Wireless facilities. The batteries are often referred to as "gel cell" type batteries. Specifications for the batteries are provided as an attachment to this application. CO-LOCATION OF OTHER CARRIERS A letter expressing cooperation with future co-location efforts for this site is included with this application. OPERATIONAL FREQUENCY CRITERIA The FCC has allocated a portion of the radio spectrum to CW for the provision of PCS. The proposed communications facility will transmit at a frequency range of 850 MHz and 1950 MHz. The power required to operate the facility typically does not exceed 200 watts per channel. By design, the CW facility is a low-power system. Depending upon characteristics of the site, the actual power requirements may be reduced. When operational, the transmitted signals from the site will consist of non-ionizing waves generated at less than one (1) microwatt per square centimeter, which is significantly lower than the Federal Communications Commission (FCC) standard for continuous public exposure of 900 microwatts per square centimeter. The proposed PCS communications facility will operate in full compliance with the standards for radio frequency emissions as adopted by the FCC. Project Description (NS025-02) Page 4 2/27/2006 City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicants 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.D Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. APPLICANT (Not the applicants 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 Title Title Address OWNER (Not the owners 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, Title n OLOf\tC Corp/Part_ Title ."SO. Address Address 1635 Faraday Avenue • Carlsbad. CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us 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. Non Profit/Trust Title Non Profit/Trust Title Address Address z 7 Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes j\ No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Signature of applicant/date Print or type name of owner Print or t^e name of applteant Signature of owner/applicantB&agent if applicable/date Print or type name of owner/aplicants agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 Xcingular fits you best" January 4, 2005 TO: All Cities and Agencies FROM: Agnes V. Luster Real Estate & Construction Manager RE: Letter of Authorized Agents Cingular Wireless The below named representatives are hereby authorized to act as an Agent on behalf of Cingular Wireless (Cingular) in obtaining planning, building, and related permits. This authorization is applicable to any and all matters, including public hearings, affecting Cingular land use entitlement applications in all jurisdictions throughout Southern California. Please direct project related correspondence to the firm and the representatives listed below: Authorized Representatives: PlanCom, Inc. 302 State Place, Second Floor Escondido, CA 92029 Darrell W. Daugherty Ted Marioncelli Krystal Patterson Karen Adler Robert E. Medina Kelly Vivanco Shelly Kilbourn Kerrigan Daugherty Authorized By: IL$~~ — W (s \j Agnes V. Luster Real Estate & Construction Manager Cingular Wireless • 6160 Cornerstone Court • Suite 150 • San Diego, CA 92121 cingular WIRELESS LETTER OF AUTHORIZATION May 24, 2005 City of Carlsbad Planning & Building Departments 2075 Las Palmas Drive Carlsbad, California 92009 Re: Letter of Authorization to pursue communications facility at 7750 Rancho Santa Fe Uoad, Carlsbad. I, owner/agent of the below-described property, do hereby appoint Cingular Wireless (CW) ray agent for the purpose of consummating any application necessary to insure their ability to use the property for which CW is negotiating a lease for the purpose of constructing a communications facility. I understand that this application may be denied, modified or approved with conditions and (hat such conditions or modifications must be complied with prior to issuance of building permits. Address: 7730 Rancho Santa Fe Road J Carlsbad, California 92009 Assessor's Parcel Number: 223-060-29 l/d Z6WSSfrSl.fr uejejes'3 veqoy .eeg:frO SO 60 City of Carlsbad Planning Department HAZARDOUS WASTE AND SUBSTANCES STATEMENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Wastes and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): 13 The development project and any alternatives proposed in this application are not contained on.the lists compiled pursuant to Section 65962.5 of the State Government Code. CD The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: ['AtMlAr \AJ (MC^J Name: Address: (oWS Ut5t ftl ^ •Address: S^t)l^0 C/fV 43Lf*l Phone Number: Address of Site: "*7"7 2> Local Agency (City and Cou Assessor's book, page, and Specify list(s): f\ Regulatory Identification Nu Date of List: ft I tfL D /Rfl,n/?ho1k! ntv): ftlrfsb parcel number: CU c/L/ Phone Number: if&x F£^ 'Ro/iLA • PjLr/5/W^ <5LX( ^An Die^o' J A .5tc Lfih Applicant Signature/Date ' Admin/Counter/HazWaste Property Owner Signature/Date 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us The Hazardous Waste and Substances Sites (Cortese List) is a planning document used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. Government Code section 65962.5 requires the California Environmental Protection Agency to develop at least annually an updated Cortese List. Below is a list of agencies that maintain information regarding Hazardous Waste and Substances Sites. Department of Toxic Substances Control www.dtsc.ca.gov/database/calsites Calsites Hotline (916) 323-3400 State Water Resources Control Board www.swrcb.ca.gov/cwphome/lustis County of San Diego Certified Unified Program Agency (CUPA) Mike Dorsey Chief, Hazardous Materials Division Department of Environmental Health Services Hazardous Materials Management Division Mailing address: P.O. Box 129261 San Diego, CA 92112-9261 (619)338-2395 Call Duty Specialist for General Questions at (619) 338-2231 fax: (619) 338-2315 www.co.san-diego.ca.us Integrated Waste Management Board www.ciwmb.ca.gov 916-255-4021 Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.gov/superfund/sites/cursites (800) 424-9346 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm 5/19/03 CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECKBOXES) | _ I Administrative Permit I _ | Administrative Variance | _ | Coastal Development Permit I XI Conditional Use Permit I _ I Condominium Permit I _ I Environmental Impact Assessment I _ I General Plan Amendment I I Hillside Development Permit | _ I Local Coastal Program Amendment I I Master Plan I _ | Non-Residential Planned Development I _ | Planned Development Permit (FOR DEPARTMENT USE ONLY) I _ | I _ | D D D Planned Industrial Permit Planning Commission Determination Precise Development Plan Redevelopment Permit Site Development Plan Special Use Permit Specific Plan Tentative Parcel Map Obtain from Engineering Department Tentative Tract Map Variance Zone Change List other applications not specified (FOR DEPARTMENT USE ONLY) 2) ASSESSOR PARCEL NO(S).: 3) PROJECT NAME:L+&MMI, 4) BRIEF DESCRIPTION OF PROJECT:13. el 8 ea **5) OWNER NAME (Print or Type) 50 6) APPLICANT NAME (Print or Type) MAILIN ADDRESS Wow Cft 11*0-7 frMlt CITY AND STATE ZIP TELEPHONE CITY AND STATE /6ire*t . o la.nct w . ZIP TELEPHONE IEMAIL ADDRESS:EMAIL ADDRESS: 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. f9c6- SIGNATURE DATE SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION 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 14 Rev. 12/04 PAGE 1 OF 5 8) LOCATION OF PROJECT: ON THE BETWEEN (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) STREET ADDRESS SIDE OF AND (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING :NT zoi> i\l* ft/<M 4'®. C-l JE 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE INADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING fl/A- L C-J (NAME OF STREET) 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24) HABITAT IMPACTS IF YES, ASSIGN HMP # 25)IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED fuf(^tX ' M?Ti(^& AL FEE REQUIRED DATE STAMP APPLICATION RECEIVED RECEIVED BY: Form 14 Rev. 12/04 PAGE 2 OF 5 City of Carlsbad 1635 Faraday Avenue Carlsbad CA Receipt 92008 Applicant: CINGULAR WIRELESS Description CUP05019 Amount 3,680.00 Receipt Number: R0051796 Transaction Date: 08/04/2005 Transaction ID: R0051796 Pay Type Method Description Amount Payment Check 9828 3,680.00 Transaction Amount: 3,680.00 3990 08/04/05 0002 01 02 CGF" 3680. PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: APPLICANT NAME: QiftfaJLJA.r |/?lV///l5S J Please describe fully the proposed project by application type. 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: Project Description 10/96 . Page 1 of 1 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: CINGULAR WIRELSS Description MCUP0601 Amount 630.00 Receipt Number: R0056625 Transaction Date: 04/10/2006 Transaction ID: R0056625 Pay Type Method Description Amount Payment Check 12120 630.00 Transaction Amount: 630.00 01/14/2005 11:34 FAX ©002 ¥ &f )RECORDING RCQUSSTEQ SV FIRST.AMERICAN TITLE NaUonal Commercial Services 24291 NOy 25' 2002 A I/ -- — • -UrTlCIOEDGRDS ; m DIEGO COWY RECORDER'S gSHW'rwnHrCQUKIY RB: - FOB: ' 13.00" DC: OC RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: SO, LLC 108 Kings Court San Carlos CA 94070 Attention: Walt Ordemann MAIL TAX STATEMENTS TO: SO, LLC 108 Kings Court San Carlos CA 94070 Attention: Walt Orderaann Documentary Transfer Tax is not of public record and is shown on a separate sheet attached to this deed. lu. . = 42 QFFlct GRANTDEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RANCHO LA COSTA VILLAGE, LLC, a California limited liability company, hereby grants to SO, LLC, a California limited liability company, the real property located in the City of Carlsbad, County of San Diego, State of California, described on Exhibit "A" attached hereto. ' SUBJECT TO: the lien of general and special real property taxes and special district levies and assessments, in all cases not yet delinquent; to all covenants, conditions, restrictions, reservations, rights, rights-of-way, easements, encumbrances and other matters whether or not of record, of whatever kind or nature; any applicable land use laws, ordinances, rules, regulations, and permits affecting the Property or governing the use thereof; and the rights of tenants in possession under any written leases or other occupancy agreements affecting said property. Executed as of this 2|sV-dayof N! Q\yfeMC>C.gL. , 2002. GRANTOR:RAKCHO LA COSTA VILLAGE, LLC, a California limited liability company By Pacific La Costa Village, LLC, a California limited liability company Its Maria? l\ls o- Its Manager l]2002dnf Y:\8639.003\docs\grantdeed.wpd'' Description: San Diego.CA Document-Year.DocID 2002.1063338 Page: 1 of 3 * Order: 4455 Comment: ' 01/14/2005 11:34 FAX U003 J STATE OF CALIFORNIA COUNTY On 24292 )SS. x^a Notary Public in and for the State of California, personally appeared Richaro S. Simt's, ersonally known to me - OR < D proved to mo-ontae basis. of satisfactory evidence 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. -4^4^xI n >ROBIN KHiPf Ccmmiolonff WWW OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill In the data below, doing so may prove invaluable to persons relying on the document. INDIVIDUAL CORPORATE OFFICER(S) PARTNER(S) D LIMITED O GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: D a D O D D D SIGNER IS REPRESENTING: Name oT Pareon(s) or entlly(les) .(Titles) THIS CERTIFICATE MUSTBEATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE Of DOCUMENT SK3NER(S)OTHER THAN NAMED ABOV6_ n2002dnfY;\8639,003\docs\grantdeed.wpd I Jewription: San Diego,CA Document-Year.DocID 2002.1063338 Page: 2 of 3_ Jrder: 4455 Comment: 24293p. 1068-2 (REV. 10/17/92) ^ ORDER NO. 1285743-20 MENT f I ' \ ' t '• A I*£*v\i\>(4' A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 2 OF PARCEL MAP NO. 12586, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED ON FEBRUARY 25, 1983 AS FILE NO. 83-060578 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DEGO COUNTY. EXCEPTING THEREFROM, ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, PETROLEUM, PETROLEUM RIGHTS, OTHER HYDROCARBON SUBSTANCES, GEOTHERMAL STEAM, ALL UNDERGROUND WATER AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, IN OR UNDER OR WHICH MAY BE PRODUCED FROM THE PROPERTY WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN'AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY, OIL, WATER OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECnONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY WELLS OR MINES, WITHOUT, HOWEVER. THE RIGHT TO DILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY, AS RESERVED BY DAON CORPORATION [N DEED RECORDED MARCH 4, 1983 AS FILE NO. 83-070357 OF OFFICIAL RECORDS. PAGE 10 cTmment:'CA Oocumenf-Vear-Doc/D 2002.106333d Page: 3 of 3 andAmerica Lawyers Title Lawyers Title Company 750 B Street 2350 Symphony Towers San Diego, Ca 9210! Phone: (619)233-3000 Plancom, Inc. 6650 Lusk Boulevard #B-208 San Diego, CA 92121 Attn: Rodney Philhower Your Reference No: NS-025-01 Our File No: 09000294 - 900 - 611P Commercial Title Officer: Andre Pitchford (apitchford@landam.com) Phone: (619) 233-3000 Fax: (619) 233-4609 Property Address:7730 Rancho Santa Fe Road, Carlsbad, California PRELIMINARY REPORT Dated as of May 9, 2005 at 7:30 a.m. In response to the above referenced application for a policy of title insurance, Lawyers 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 below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy or Poiicies are set forth in Exhibit B attached. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit B. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B 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 sffQCting 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. CLTA Preliminary Report (Revised 11-17-04) Page 1 File No: 09000294 SCHEDULE A The form of policy of title insurance contemplated by this report is: A Preliminary Report Only The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: SO, LLC, a California Limited Liability Company The land referred to herein is situated in the County of San Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Page 2 File No: 09000294 EXHIBIT "A" All that certain real property situated in the County of San Diego , State of California, described as follows: Parcel 2 of Parcel Map No. 12586, in the City of Carlsbad, County of San Diego, State of California, recorded on February 25, 1983 as File/Page No. 83-060578 of Official Records in the Office of the County Recorder of San Diego County. Excepting therefrom all minerals, mineral rights, oil, oil rights, natural gas, natural gas rights, petroleum, petroleum rights, other hydrocarbon substances, geothermal steam, all underground water and all products derived from any of the foregoing, in or under or which may be produced from the property which underlies a plane to and 500 feet below the present surface of the property together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the same from the property or any other land, including the right to whipstock or directionally drill and mine from lands other than the property oil, water, or gas wells, tunnels and shafts into, through or across the subsurface of the property, and to bottom such whipstocked or directionally drilled wells, tunnels, and shafts under and beneath or beyond the exterior limits thereof and to redrill, retunnel, equip, maintain, repair, deepen and operate any wells or mines, without, however, the right to drill, mine, store, explore and operate through the surface or the upper 500 feet of the subsurface of the property as reserved by Daon Corporation in Deed recorded March 4, 1983 as File/Page No. 83-070357 of Official Records. Page 3 File No: 09000294 SCHEDULE B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2005 - 2006 which are a lien not yet payable. B. Supplemental taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code, of the State of California, for the fiscal year 2004 - 2005. 1st Installment: $125.84 (Open) Penalty: $12.58 Alt due and payable May 13, 2005, delinquent June 30, 2005 2nd Installment: $125.84 (Open) Penalty: $22.58 All due and payable May 13, 2005, delinquent October 31, 2005 Supplemental Bill No: 839-118-70-43 C. Supplemental taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code, of the State of California, for the fiscal year 2004 - 2005. 1st Installment: $23.27 (Open) Penalty: $2.33 All due and payable May 13, 2005, delinquent June 30, 2005 2nd Installment: $23.27 (Open) Penalty: $12.33 Ail due and payable May 13, 2005, delinquent October 31, 2005 Supplemental Bill No: 829-118-70-52 D. An assessment (1915 Act) by the improvement district shown below. Assessment/Bond No.: 0000 Series: 96-1 District: MBIA Muni Financial For: Olivenhain Water Storage Project Bond Issued: October 4, 1996 Original Amount: $20,008.08 Said assessment may be, and usually is, collected with the County/City general and special taxes. E. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. Page 4 File No: 09000294 F. A Special Tax as disclosed by a "Notice of Special Tax Lien" pursuant to Government Code Section 53328.3 and Streets and Highways code Section 3114.5 Recorded: May 20, 1991 as File/Page No. 1991-0236859 of Official Records District Name: Community Facilities District No. 1 Said special tax may be collected with the property taxes. 1. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: the City of Carlsbad Purpose: slope rights Recorded: July 14, 1977 as File/Page No. 77-281161 of Official Records Affects: The exact location and/or extent of said easement is not disclosed in the public records. Said instrument also grants the right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of said right of way where required for construction and maintenance. 2. An agreement to which reference is hereby made for full particulars, Dated: August 26, 1982 By and between: Daon Corporation, a Delaware Corporation and the City of Carlsbad Regarding: reserving easement Recorded: September 17, 1982 as File/Page No. 82-289025 of Official Records 3. Various matters including, but not limited to, requirements for developing or improving the land, proposed easements, covenants, conditions, restrictions and provisions set forth on Parcel Map No. 12586. 4. The fact that the ownership of said land have no rights of vehicular access to the street or highway hereinafter mentioned, except as specified points, said rights have been relinquished by the dedication provisions shown on the map of the tract referred to below Street or Highway: Rancho Santa Fe Road and La Costa Avenue Tract No.: Parcel Map No. 12586 Access Points: Access Opening No. 1, Access Opening No. 2 and Access Opening No. 3 i 5. An easement for the purpose shown below and rights incidental thereto as reserved in a document Purpose: Community Antenna Television System Recorded: March 4, 1983 as File/Page No. 83-070357 of Official Records Affects: The exact location and/or extent of said easement Is not disclosed in the public records. Page 5 File No: 09000294 6. An agreement to which reference is hereby made for full particulars, Dated: September 30, 1982 By and between: Daon Corporation, a Delaware Corporation and Theodore Aroney Regarding: slope easement Recorded: March 4, 1983 as File/Page No. 83-070360 of Official Records 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Continental Financial Services Company, a Virginia Corporation Purpose: road and public utility Recorded: May 23, 1983 as File/Page No. 83-169145 of Official Records Affects: The location of said easement is set forth in said document. 8. An agreement to which reference is hereby made for full particulars, Dated: March 10, 1988 By and between: Daon Corporation and the City of Carlsbad Regarding: a covenant of improvement requirements Recorded: April 2, 1986 as File/Page No. 86-127113 of Official Records 9. An easement for aerial and underground public utilities and purposes incidental thereto as granted to San Diego Gas and Electric Company, by deed recorded August 2, 1989 as File/Page No. 89-409460 of Official Records. Affects: The exact location and/or extent of said easement is not disclosed in the public records. 10. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Walters 4-S Ranch Company, a Nevada Corporation Lessee: La Costa Village, LLC, a California Limited Liability Company Disclosed by: Memorandum of Lease and Option to Purchase Recorded: June 19, 1995 as File/Page No. 1995-0268375 of Official Records 11. An agreement to which reference is hereby made for full particulars, Dated: March 26, 1998 By and between: Daniels Cablevision, Inc. and La Costa Village, Inc. Regarding: installation and maintenance of a cable television system Recorded: May 21, 1998 as File/Page No. 1998-0299761 of Official Recordst 12. A document subject to all the terms, provisions and conditions therein contained. Entitled: Notice of Restriction on Real Property Dated: December 10, 1998 Executed by: City of Carlsbad Recorded: December 28, 1998 as File/Page No. 1998-0849878 of Official Records Page 6 File No: 09000294 13. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby. Amount: $5,897,000.00 Dated: September 29, 2000 Trustor: Rancho La Costa Village, LLC, a California Limited Liability Company Trustee: First American Title Insurance Company Beneficiary: AmSouth Bank, an Alabama Banking Corporation Recorded: October 2, 2000 as File/Page No. 2000-0527402 of Official Records An agreement which states that this instrument was subordinated To: an easement Recorded: July 27, 2001 as File/Page No. 2001-0527919 of Official Records By Agreement Recorded: July 27, 2001 as File/Page No. 2001-0527920 of Official Records 14. A financing statement filed in the office of the county Recorder, showing: Debtor: Rancho La Costa Village, LLC, a California Limited Liability Company Secured Party: AmSouth Bank Date: Not Shown Recorded: October 2, 2000 as File/Page No. 2000-0527404 of Official Records Property Covered: the herein described property 15. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Rancho La Costa Village, LLC, a California Limited Liability Company Lessee: American Drug Stores, Inc., an Illinois Corporation Disclosed by: Subordination, Non-Disturbance and Attornment Agreement Recorded: December 27, 2000 as File/Page No. 2000-0708576 of Official Records A Memorandum of Lease recorded September 9, 2001 as File/Page No. 2001-0077458 of Official Records. 16. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: City of Carlsbad, a Municipal Corporation Purpose: public street and public utility purposes Recorded-. July 27, 2001 as File/Page No. 2001-0527919 of Official Records Affects: The location of said easement is set forth In said document.t 17. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Leucadia County Water District Purpose: to erect, install, construct, repair, replace, and maintain sewer pipe line(s) and/or mains, manholes, sewer lateral pipe lines and all structures and appurtenances Incidental thereto Recorded: August 16, 2001 as File/Page No. 2001-0584719 of Official Records Affects: The location of said easement is set forth in said document. Page 7 File No: 09000294 18. An agreement to which reference is hereby made for full particulars, Dated: June 1, 2001 By and between: Rancho La Costa Village, LLC, a California Limited Liability Company and the City of Carlsbad Regarding: Hold Harmless Agreement Geological Failure Recorded: August 27, 2001 as File/Page No. 2001-0607918 of Official Records 19. An agreement to which reference is hereby made for full particulars, Dated: June 15, 2001 By and between: Rancho La Costa Village, LLC, a California Limited Liability Company and City of Carlsbad Regarding: Hold Harmless Agreement Drainage Recorded: August 27, 2001 as File/Page No. 2001-0607919 of Official Records 20. A document subject to all the terms, provisions and conditions therein contained. Entitled: Deed Restrictions Dated: June 15, 2001 Executed by: Rancho La Costa Village, LLC, a California Limited Liability Company and the City of Carlsbad Recorded: August 27, 2001 as File/Page No. 2001-0607920 of Official Records 21. An agreement to which reference is hereby made for full particulars, Dated: August 1, 2001 By and between: Rancho La Costa Village, LLC, a California Limited Liability Company and Tosco Corporation, a Nevada Corporation Regarding: Grant of Easements Recorded: September 20, 2001 as File/Page No. 2001-0676897 of Official Records 22. An agreement to which reference is hereby made for full particulars, Dated: August 1, 2001 By and between: Rancho La Costa Village, LLC, a California Limited Liability Company and Tosco Corporation, a Nevada Corporation Regarding: Restrictive Covenants, Reciprocal Easements and Maintenance Agreement Recorded: September 20, 2001 as File/Page No. 2001-0676898 of Official Recordst 23. An easement for aerial and underground public utilities and purposes incidental thereto as granted to San Diego Gas and Electric Company, by deed recorded October 8, 2001 as File/Page No. 2001-0726582 of Official Records. Affects: The exact location and/or extent of said easement is not disclosed in the public records. PageS File No: 09000294 24. A document subject to all the terms, provisions and conditions therein contained. Entitled: Petition, Waiver and Consent to Creation of a Community Facilities District and Agreement to Pay Fair Share Cost of SDP 99-07 Dated: November 27, 2001 Executed by: Rancho La Costa Village LLC Recorded: February 4, 2002 as File/Page No. 2002-0096321 of Official Records 25. A document subject to all the terms, provisions and conditions therein contained. Entitled: Notice of Restriction on Real Property Dated: February 28, 2002 Executed by: City of Carlsbad Recorded: April 5, 2002 as File/Page No. 2002-0288748 of Official Records 26. A document subject to all the terms, provisions and conditions therein contained. Entitled: Notice of Restriction on Real Property Dated: October 11, 2002 Executed by: City of Carlsbad Recorded: November 1, 2002 as File/Page No. 2002-0976611 of Official Records 27. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby. Amount: $6,200,000.00 Dated: December 27, 2002 Trustor: SO, LLC, a California Limited Liability Company Trustee: First American Title Insurance Company Beneficiary: Lehman Brothers Bank, a Federal Savings Bank, a federal stock savings bank Recorded: December 27, 2002 as File/Page No. 2002-1190169 of Official Records An agreement to modify the terms and provisions of said deed of trust as therein provided Executed by: SO, LLC, a California limited liability company, and LEHMAN BROTHERS BANK, FSB Recorded: April 23, 2003 as File/Page No. 2003-0472520 of Official Records. An assignment of the beneficial interest under said deed of trust which names As Assignee: LaSalle Bank National Association, in its capacity as Trustee for the Registered Holders ofLB-UBS Commercial Mortgage Trust 2003-C3, Commercial Mortgage Pass-Through Certificates, Series 2003-C3 Recorded: January 15, 2004 as File/Page No. 2004-0032667 of Official Records Page 9 File No: 09000294 28. An assignment of all the monies due or to become due as rental, as additional security for the obligations secured by deed of trust Recorded: December 27, 2002 as File/Page No. 2002-1190169 of Official Records Assigned to: Lehman Brothers Bank, a Federal Savings Bank, a federal stock savings bank By Assignment Recorded: December 27, 2002 as File/Page No. 2002-1190170 of Official Records 29. A financing statement filed in the office of the county Recorder, showing: Debtor: So, LLC Secured Party: Lehman Brothers Bank, a FSB, a Federal stock savings bank Date: Not Shown Recorded: January 3, 2003 as File/Page No. 2003-0007825 of Official Records Property Covered: the herein described property 30. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Olivenhain Municipal Water District Purpose: facilities for power transmission and communication purposes Recorded: January 21, 2003 as File/Page No. 2003-0068191 of Official Records Affects: The location of said easement is set forth in said document. 31. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: So, LLC Lessee: Corrigan Dankworth, DOS Disclosed by: Notice of Non-Responsibility Recorded: February 14, 2003 as File/Page No. 2003-0173096 of Official Records 32. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Rancho La Costa Village, LLC Lessee: Betty Jean Hall Disclosed by: Subordination, Non-Disturbance and Attornment Agreement Recorded: February 25, 2003 as File/Page No. 2003-0209353 of Official Records r 33. An unrecorded lease with certain terms, covenant, conditions and provisions set forth therein. Lessor: Rancho La Costa Village, LLC Lessee: Tina Lai, an individual, dba A Plus Nails Disclosed by: Subordination, Non-Disturbance and Attornment Agreement Recorded: February 25, 2003 as File/Page No. 2003-0209354 of Official Records Page 10 File No: 09000294 34. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Rancho La Costa Village, LLC Lessee: Digital PCS, Inc. Disclosed by: Subordination, Non-Disturbance and Attornment Agreement Recorded: February 25, 2003 as File/Page No. 2003-0209355 of Official Records 35. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Rancho La Costa Village, LLC Lessee: Pick Up Stix, Inc. Disclosed by: Subordination, Non-Disturbance and Attornment Agreement Recorded: February 25, 2003 as File/Page No. 2003-0209356 of Official Records 36. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Rancho La Costa Village, LLC, as landlord Lessee: Philip Simoes and Shirley Simoes, husband and wife, dba Arezzo Salon and Day Spa Disclosed by: Subordination, Non-Disturbance and Attornment Agreement Recorded: February 25, 2003 as File/Page No. 2003-0209357 of Official Records 37. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: So, LLC Lessee: Lehman Brothers Bank, FSB Disclosed by: Subordination, Non-Disturbance and Attornment Agreement Recorded: February 25, 2003 as File/Page No. 2003-0209358 of Official Records 38. Any rights, interests or claims of the parties in possession of said land, including but not limited to those based on an unrecorded agreement, contract or lease. 39. Covenants, conditions and restrictions as set forth in the document Recorded: December 18, 2003 as File/Page No. 2003-1486926 of Official Records This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is nr>t in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. Page 11 File No: 09000294 40. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: SO, LLC, a California limited liability company Lessee: Pacific Belt Wireless, LLC, a Nevada limited liability company Disclosed by: Memorandum of Lease Recorded: January 28, 2004 as File/Page No. 2004-0066333 of Official Records 41. An easement for the purpose shown below and rights incidental thereto as set forth in a document Purpose: access Recorded: February 27, 2004 as File/Page No. 2004-0159053 of Official Records Affects: The exact location and/or extent of said easement is not disclosed in the public records. 42. A document subject to ail the terms, provisions and conditions therein contained. Entitled: Notice of Restrictions on Real Property Dated: March 3, 2004 Executed by: City of Carlsbad Recorded: December 21, 2004 as File/Page 2004-1201212 of Official Records END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION Page 12 ^ v§ ANCHO SANTA FE RD 223-06 txmm ASF to <tt& ICOFEN SfMOE SU »IHO C4U*Tr ASSCiSM'S DM II JJ> H M MAP848-RAKICHO LAS ENQNITAS POR SEC 6 - T»3S-R3t POR SEC 31 - T12S-R31 ROS 12607.12915.13655,16881,17206