HomeMy WebLinkAboutMP 177A; AVIARA PACIFIC; Master Plan (MP). l
.... ,l.,1ty ot Larisbaa • Fee :Sio.)5.UO.,.. $5.0U per" acre 2075' Las Palmas Drive M.r Plan Amendment: Ca1.;'lsbad, CA 92009 Ma1, · $ 545.00 + $5.00 per acre (619) 438-1161 Minor $ 185.00 + $2.00 per acre
PLANNINC DEPARTMENT
MASTER PLAN
omplete Description of Project (attach additional sheets if necessary)
Master Plan amendment to incorporate recent Planning Commission action on
· architectural treatments to detached housing.
Loca~ion of Project
Generally located North of La Costa Avenue between
Legal Description (complete
See Attached Legal Description
Local Facility Management Zone Zone 19
Zone
PC
Proposed Zone
no change
General Plan
RLM/RM/OS/RC/N
Proposed General Plan
no change
Owner
Name ( Print or Type)
Assessors Parcel Number
See Exhibit" "Attached
Existing Land Use
Vacant
Site Acreage
Approx. 1000
Applicant
Aviara Land Associates Limited Partner hip
Name ( Print or Type) Aviara Land Associates
ailing Address
2011 Palomar Airport Road, Suite 206
ity and State Zip Telephone
Carlsbad CA 92009 931-1190
I CERTIFY THAT I AM THE LEGAL OWNER
ND THAT ALL THE ABOVE INFORMATION
IS TRUE AND CORRECT TO THE BEST OF
Y KNOWLEDGE.
Date Application
3 (o 1~ a.__
ROJECT NUMBER (S)
tf\.
DATE
2/27/89
Received By
2011 Palomar Airport Road, Suite 206
City and State Zip Telephone
Carlsbad, CA 92009 931-1190
I CERTIFY THAT I AM THE OWNER'S
REPRESENTATIVE AND THAT ALL
THE ABOVE INFORMATION IS TRUE
AND CORRECT TO THE BEST OF
MY KNOWL \GE.
,-.. -_,... TUR DATE
2/27/89
Receipt No.
L
• • DISCLOSURE FORM
APPLICANT: Aviara Land Associates Limited Partnership
Name (individual, partnership, joint venture, corporation, syndication)
2011 Palomar Airport Road, Suite 206, Carlsbad, CA 92009
Business Address
931-1190
Telephone Number
AGENT: Aviara Land Associates Limited Partnership
Name
2011 Palomar Airport Road, Suite 206, Carlsbad, CA 92009
MEMBERS:
Business Address
. 931-1190
Telephone Number
Name (individual, partner, joint
venture, corporation, syndication)
Business Address
Telephone Number
Name
Business Address
Telephone Number
Home Address
Telephone Number
Home Address
Telephone Number
(Attach more sheets if necessary)
I /We understand that if this project is located in the Coastal Zone, I /we will apply
for Coastal Commission Approval prior to devP.lopment.
I /We acknowledge that in the process of reviewing this application, it may be
necessary for· members of City Staff, Planning Commissioners, Design Review Board
members, or City Council members to inspect and enter the property that is the
subject of this application. I /We consent to entry for this purpose.
I /We d~clar ~1) penalty of perjury that the information contained in
is tr,J.~ , !o;;:-ect and that it will remain true and correct a d may
asfl• true and correct until amended.
\) \9?-i'?i
~\)..~ \. s~~o cP..R\; ~ o\\J •
, ... \,'{ Ot \'\=loC· st.?: ·
v \0~• ot\J~--
BY
this disclosure
be relied upon
Agent, Owner, Partner
AVIARA
MASTER PLAN -177
PROPOSED AMENDMENT WORDING
Exhibit A MP 177(A)
2011 PALOMAR AIRPORT ROAD SUITE 206 CARLSBAD, CALIFORNIA 92009 (619) 931-1190 FAX:(619) 931-7950
g.
within the Pacific Rim Country Club and Resort, the color
white will be used extensively either on its own or mixed
with other colors. rn· essence, all wall surface colors
with the exception of Planning Area 28 will be a tint of
white. Therefore, the overall wall surface scheme will
be based on color value rather than hue. This means the
entire range of hues will be permissible in order to meet
personal and market demands. Stain colors will be gauged
similarly. A more detailed description of these colors
and a color palette will be included in the Pacific Rim
Country Club and Resort Design Guidelines.
Optional colors may be allowed in single family
detached planning areas provided that they are found
to be compatible with the colors and character of
the Master Plan area by the Planning Department.
As discussed under roof treatments above, roof
colors shall be in the red to reddish-brown to
orange range. Color variations in a roof tile piece
or plane are allowed, provided a compatible
appearance is maintained.
GUIDELINES -Detached Products POD
1. In projects where there are three 2 story units in a row
situated less than 15 feet apart, at least one of the
three units shall have a single story building edge with
a depth of not less than 10 feet adjacent to one of the
other units. The roof covering the single story element
shall be substantially lower than the roof for the 2
story element to the unit (this is not intended to
preclude long shed-type roofs falling to a single-story
element.)
2. In projects where there are three 2 story units in a row
situated between 15 and 20 feet apart, at least one of
the three units shall have a single story building edge
with a depth of not less than 5 feet adjacent to one of
the other unit. The roof of the single story element
shall be substantially lower than the roof for the two
story element of the building (this is not intended to
preclude long shed-type roofs falling to single-story
element).
3. On a project basis, thirty-three percent (33%) of all
units shall have a single story edge for forty percent
(40%) of the perimeter of the building. For the purpose
of this guideline the single story edge shall be a
minimum depth of three feet (3'). The units qualifying
under the 33% shall be distributed throughout the
project.
41
4.
•
4. For at least 50% of the units in a project, there shall
be at least three separate building planes on street side
elevations of lots with 45 feet of frontage or less, and
four separate building planes on street side elevations
of lots with a frontage greater than 45 feet. The
minimum offset in planes shall be 18 inches and shall
include but not be limited to building walls, windows and
roofs. The minimum depth between the faces of the
forward-most plane and the rear plane on the front
elevation shall be 10 £eet and a plane must be a minimum
of 30 sq. ft. to receive credit under this section.
5. Rear elevations shall adhere to the same criteria
outlined in number 4 above for front elevations except
that the minimum depth between front and back planes on
the rear elevation shall be 3 feet.
6. At least 50% of the units in a project shall have one
side elevation where there are sufficient offsets or
cutouts so that the side yard setback averages a minimum
of 7 feet.
7. Projects with an average lot size of 5,000 sq. ft. or
less shall limit the number of units with three car
garages to 75% of the plans in the project. Project
units with three car garages shall be a mix of two door
garages, three door garages, and offset (2 planes min.
12n) two door garages.
8. Fifty percent (50%) of exterior openings (doors/windows)
shall be recessed or projected a minimum of 2n and shall
be with wood or colored aluminum window frames (no mill
finishes).
9. Variety in Roof Framing Direction
The predominant roof framing for each floor plan shall
exhibit directional variety to the other floor plans of
the same project.
Notes: a) For the purpose of these guidelines a
single story element shall be defined as a
plate line of 12 feet or less.
b) In addition, when a percentage of units is
described in the guidelines the intent is
to have that percentage spread throughout
the entire project.
Landscaping
a. Community Landscape Concept
The major components of the landscape design are the
resort area, golf course, lagoon shoreline, hillsides and
streetscape.
42
1) Resort Area
The resort area (Planning Areas 2, 9, 10 and 11)
creates the dominant landscape character and theme
to be reflected throughout the community. It will
resemble a hillside village within a natural
landscape with the introduction of agricultural
groves at its periphery and ornamental plants in its
interior garden areas. Cars on the parking deck are
screened with trellis rows that recall vineyards.
The hotel courtyard is paved with rough stone and
exposed aggregate concrete and is framed by a
pergola with flowering vines. It is connected by a
narrow garden consisting of ramps, stairs, low
terrace walls, naturalized plantings and a linear
water feature.
2) Golf Course
3)
Golf course areas limit turf to fairways, tees and
greens. Naturalized vegetation provide a transition
to existing slopes. Hedgerows or eucalyptus follow
the valley slope. Water features shall provide
obstacles to the golfer as well as create an
attractive natural connection to Batiquitos Lagoon.
Lagoon Shoreline
The lagoon shoreline shall be preserved and in areas
of disturbance or decline the naturalized setting
shall be reestablished.
4) Hillsides
Hillsides throughout the project will be carefully
planned due to their extremely sensitive nature and
visibility. Four concepts will apply to these
areas:
All development shall comply with the City's
Hillside Ordinance (Chapter 21.95).
All development shall comply with the grading and
natural resource preservation policies of the
underlying Local Coastal Programs.
Existing tree groves and vegetation will be
preserved to the greatest extent feasible.
Erosion control techniques shall be employed
where needed.
43
Views to and from the lagoon and golf course
shall be preserved to the greatest extent
feasible. View preservation is illustrated on
Exhibit IV-3.
The landscape treatment shall present a visually
cohesive appearance, since hillsides will be
viewed from distant areas such as La Costa
Avenue, El Camino Real, Interstate 5 and
surrounding neighborhoods.
43-A
PLANNING AREA 3: SINGLE.AMILY RESIDENTIAL
DESCRIPTION:
This 5.0 acre planning area consists of single family residential homes.
This neighborhood includes a 150-foot wide public utility corridor along
the northeast boundary which will provide a 5.2 acre passive recreation
area and pedestrian trail.
DEVELOPMENT STANDARDS: R-1-7500
All development in Planning Area 3 shall conform to the standards of the
R-1 one-family residential zone (Carlsbad Municipal Code, Chapter 21.10)
unless otherwise noted in this chapter.
USE ALLOCATION:
Maximum of 27 residential units. (5.4 DU/AC)
PERMITTED USES:
The following uses are allowed within this planning area. Single family
detached residential units along with passive and active recreation
uses. Duplex units are expressly prohibited within this planning area.
SITE DEVELOPMENT STANDARDS:
Height:
To encourage height,variation for this neighborhood at least r& 2 of the
units shall not exceed a height of 18 feet above finished grade and all
of the units shall exhibit substantial roofline variation. The maximum
height in this planning area is 28 feet as defined by Section 21.04.065
of the Carlsbad Municipal Code.
Lot Size:
The minimum lot size shall be 7,500 square feet. The minimum lot width
shall be 60 feet except that lots fronting on knuckles or cul-de-sacs shall
have a minimum frontage pursuant to the Carlsbad Municipal Code, Chapter
20.16.010. At least 15% of the lot area shall be reserved for open space.
This open space shall be located in the rear yard and shall not exceed a
gradient of 5%.
Setbacks:
To encourage a variety of front yard setbacks, the minimum setback shall
be 20 feet with at least 8 of the units having a 24-foot front yard setback
and being dispersed throughout the planning area. All other setbacks shall
be pursuant to Chapter 21.10 of the Carlsbad Municipal Code.
Parking:
Parking shall conform to the standards of Chapter 21.44 of the Carlsbad
Municipal Code.
SPECIAL DESIGN CRITERIA:
Design:
All community-wide design standards described in Section A of Chapter IV
shall be embodied in the architecture of this planning area. The following
specific guidelines shall also be included for this planning area.
81
PLANNING AREA 4: SINGLE.AMILY RESIDENTIAL
DESCRIPTION:
This 27.7 acre planning area located at the easterly entrance to the
project will include small lot single family residential homes. The
planning area is separated from Planning Area 5 to the southwest by a
150-foot wide public utility corridor which functions as an open space
buffer. Primary access is taken from Alga Road which forms the northwest
boundary of the site.
DEVELOPMENT STANDARDS: PD
All development in this planning area shall conform to the standards of
the Planned Development Ordinance described in Chapter 21.45.090 of the
Carlsbad Municipal Code unless otherwise noted in this chapter.
USE ALLOCATION:
Maximum of 103 residential units. (4.5 DU/AC) Recreation facilities.
PERMITTED USES:
The following uses are allowed within this planning area: small lot
single family detached residential units. Private recreation facilities
shall be included in this planning area. Duplex units are expressly
prohibited.
SITE DEVELOPMENT STANDARDS:
Height:
The maximum height in this planning area is 28 feet as defined by
Section 21.04.065 of the Carlsbad Municipal Code. A minimum of 30% of
all dwelling units shall be a maximum of one story (18 feet) in height.
Lot Size:
The minimum lot size for lots along the east side of the oak
preserve/open space corridor shall be 6,000 square feet. The minimum
lot size for lots to the west of the corridor shall be 5,000 square
feet. The minimum lot width shall be 60 feet for minimum 6,000 square
foot lots or greater, and 50 feet for lots less than 6,000 square feet
except that lots which face onto cul-de-sacs or knuckles shall be 35
feet. The minimum lot size for lots adjacent to the Seaport development
shall be 7,500 square feet.
Setbacks:
All structures shall be setback a minimum of 50 feet from the Alga Road
right-of-way. A 20-foot front yard setback shall be required. Corner
lots shall have a 10-foot side-yard setback along the side street which
shall be landscaped. The minimum side-yard shall be 5 feet. ~Qe
eis~aaes-~s~weea-s~~~±e-s~ery-s~rae~ares-s~a±±-~e~-ee-±ess-~aaa-i~-~ee~.
~SQ-eistQags-Qs~wsss-~wg-as~-gss-s~g~¥-s~~Ye~Y~es-saabb-sg~-QB-bess-taaa
i~-~ss~. Internal setbacks shall comply with Chapter IV, Section 3, g
of this Master Plan. Rear yard setbacks shall be a minimum of 15 feet of
useable area (slope does not exceed 10%). All 7,500 square foot lots shall
comply with the standards of Chapter 21.16.010 of the Carlsbad Municipal
Code.
Parking:
Parking shall conform to the standards of Chapter 21.44 of the Carlsbad
Municipal Code.
85
PLANNING AREA 8: SINGL,FAMILY RESIDENTIAL
DESCRIPTION:
This 27.3 acre planning area provides for small lot single family residential
units. Homes in this neighborhood are bounded by Alga Road to the north and
Pacific Rim Drive to the east and south. The area overlooks Batiquitos
Lagoon to the south and is adjacent to the 17th fairway of the golf course.
DEVELOPMENT STANDARDS: PD
All development in Planning Area 8 shall conform to the development standards
of the PD ordinance as described in Chapter 21.45.090 of the Carlsbad
Municipal Code unless otherwise noted in this chapter.
USE ALLOCATION:
Maximum of 75 residential units. (2.7 DU/AC)
Private recreation facilities are required in conjunction with the
residential units.
PERMITTED USES:
Single-family detached residential units are allowed in this planning area.
Private recreation facilities are required.
SITE DEVELOPMENT STANDARDS
Height:
The maximum height allowed in Planning Area 8 is 28 feet. All heights shall
be determined per Section 21.04.065 of the Carlsbad Municipal Code. A
variety of building heights is required for this planning area to provide
visual interest.
Lot Size:
The minimum lot size for this planning area shall be 4,500 square feet. The
minimum lot width shall be 40 feet except that lots which front on
cul-de-sacs or knuckles shall have 35-foot minimum widths.
Setbacks:
The minimum setback for all structures from the Alga Road right-of-way shall
be 50 feet and Pacific Rim Drive shall be 30 feet. The minimum front yard
setback from internal streets shall be 20 feet. ~~.e-m-;i~~m:1::1.~.bt:1~~4~~~
~e~~~«~~.QR-~~-~~-~ee-:t-.Q.e~wee~-.QRe--&t~¥--&t~~€-t..:la~e~7 -~~-~-0€~-.Q.e-t..w-0€~-.QRe-«~4
~w~-~~~~¥-~U~€~~~e~-«~4-~~-~ee~-~~--t..w.Q-~-~~-~~¥-~U~~~.e.s-. Internal
setbacks shall comply with Chapter IV, Section 3,g of this Master Plan. All
other setbacks shall be in conformance with Section 21.45.090(b) of the
Carlsbad Municipal Code.
Parking:
Parking shall conform to the standards of Chapter 21.44 of the Carlsbad
Municipal Code.
SPECIAL DESIGN CRITERIA:
Design:
All community-wide design standards described in Section A of Chapter IV
shall be embodied in the architecture of this planning area. The following
specific guidelines shall also be included for this planning area.
101
PLANNING AREA 9: MULTI-FAMILY RESIDENTIAL
DESCRIPTION:
This 32.5 acre planning area provides multi-family residential housing.
DEVELOPMENT STANDARDS: PD
All development in Planning Area 9 shall conform to the development
standards of the PD Ordinance (Carlsbad Municipal Code, Chapter
21.45.090) unless otherwise noted in this chapter.
USE ALLOCATION:
Maximum of 100 multi-family residential units. (3.1 DU/AC)_
Private recreation facilities shall be required in this planning area.
PERMITTED USES:
Multi-family residential housing.
Recreational facilities.
SITE DEVELOPMENT STANDARDS:
Height:
The maximum height shall not exceed 35 feet. All heights shall be
determined per Section 21.04.065 of the Carlsbad Municipal Code. At
least 50% of the structures in this Planning Area shall be no more than
two stories in height. Where three story structures are proposed,
adequate structural relief and roofline variation shall be incorporated
into the structure to reduce the mass.
Setbacks:
A minimum SO-foot landscaped setback shall be maintained for all
structures along Alga Road. Parking shall be setback a minimum of 35
feet from Alga Road provided that it is fully screened. All front yard
setbacks shall be per Section 21.45.090(b) of the Carlsbad Municipal
Code. All buildings shall be located a minimum of 20 feet from the
planning area boundary. A minimum building separation of 10 feet shall
be maintained for one-story structures, 15 feet for one and two-story
structures and 20 feet for two or more story structures. All structures
and parking shall be setback a minimum of 20 feet from internal streets,
except where turn-in, side loaded garages are utilized, then a 15-foot
minimum setback is allowed.
Parking:
Parking shall conform to the standards of Chapter 21.44 of the Carlsbad
Municipal Code.
SPECIAL DESIGN CRITERIA:
Design:
All community-wide design standards described in Section A of
shall be embodied in the architecture of this planning area.
following specific guidelines shall also be included for this
area:
Chapter IV
The
planning
* The architecture of all structures shall be compatible with that
of the hotel.
-105-
PL;NNING AREA 14: SINGLE~AMILY RESIDENTIAL •
DESCRIPTION:
This 20.9 acre planning area includes small lot single family detached
homes. The area is located on the north side of Pacific Rim Drive
across the street from the 1st hole of the golf course. Homes in this
neighborhood will also overlook the golf course to the west and the
east.
DEVELOPMENT STANDARDS: PD
All development in Planning Area 14 shall conform to the standards of the PD
Ordinance (Carlsbad Municipal Code, Chapter 21.45.090) unless otherwise noted
in this chapter.
USE ALLOCATION:
Maximum of 52 residential units. (2.5 DU/AC)
Private recreation facilities shall be required in this planning area.
PERMITTED USES:
Single family detached residential units are allowed in this planning area.
Recreational facilities.
SITE DEVELOPMENT STANDARDS:
Height:
The maximum height allowed in this planning area is 24 feet. All heights
shall be determined per Section 21.45.065 of the Carlsbad Municipal Code. A
variation in one and two-story homes shall be required along Pacific Rim
Drive.
Lot Size:
The minimum lot size for Planning Area 14 shall be 6,000 square feet. The
minimum lot width shall be 60 feet except that lots located on knuckles or
cul-de-sacs shall have a minimum width of 35 feet.
Setbacks:
All structures shall be setback a minimum of 30 feet from Pacific Rim Drive.
The minimum rear yard setback shall be 15 feet (slope does not exceed 10%).
All other setbacks shall conform to Section 21.45.090(b) of the Carlsbad
Municipal Code. ~ae-a~sBaaee-eeBweea-eae-sBery-sBrae~ares-saa±±-ae~-ee-±ess
Baaa-b~-~eeBr--~ae-a~sBaaee-eeBweea-Bwe-sBeFy-s~FaeBaFes-saa±±-ae~-ee-±ess-
Baaa-fr~-ieeB~-~ae-a~&Baaee-eeBweea-eae-sBery-aaa-~we-sBery-sBraeBaFes-saa±±
aeB-ee-±ess-Baaa-b~-~eeBr Internal setbacks shall comply with Chapter IV,
Section 3,g of the Master Plan.
Parking:
Parking shall conform to the standards of Chapter 21.44 of the Carlsbad
Municipal Code.
SPECIAL DESIGN CRITERIA:
Design:
All community-wide design standards described in Section A of Chapter IV
shall be embodied in the Architecture of this planning area. The following
specific guidelines shall also be included for this planning area:
125
PLANNING AREA 24: SINGL,FAMILY RESIDENTIAL •
DESCRIPTION:
This 53.9 acre pianning area located at the northwest entrance to the Master
Plan area will include small lot single family detached homes. The
intersection of Poinsettia Lane and Alga Road is located at the northwest
corner of the planning area. A 150-foot wide public utility corridor is
located in the northwest portion of this neighborhood.
DEVELOPMENT STANDARDS: PD
All development in this planning area shall conform to the development
standards of the PD Ordinance (Carlsbad Municipal Code, Chapter 21.45.090)
unless otherwise noted in this chapter.
USE ALLOCATION:
Maximum of 193 residential units (3.6 DU/AC)
Recreational facilities are required.
PERMITTED USES:
Single family detached residential units. Private recreation facilities are
required in conjunction with the residential units.
SITE DEVELOPMENT STANDARDS:
Height:
The maximum height allowed in this planning area is 28 feet as defined by
Section 21.04.065 of the Carlsbad Municipal Code.
Lot Size:
The minimum lot size shall be 5,000 square feet. The minimum lot width shall
be 50 feet, except that lots which front on knuckles or cul-de-sacs shall
have a minimum frontage of 35 feet.
Setbacks:
All dwelling units shall be setback a minimum of 50 feet from the Alga Road
right-of-way and 50 feet from the Poinsettia Lane right-of-way. The
standards front yard setback shall be 20 feet. In order to provide a variety
of front yard setbacks, a minimum of 60 units shall have 24-foot setbacks.
~~e-44~~«£€€-~W€€£-£4£~~-e-£~-EH"3/-£~~~€~~~€~-£~«~~-~.Q.;t_~~~~-&-.:tJ:i~~-~-~~.
~~€-44~~«£€€-Je>.e~W€€£-~W.Q-£~~¥-£~~~€~~~€~-£~~~~-~.Q.;t_~~~~-.tl:J.a.+i-.:bt7.e+i...t:¥-~.eci.
~~€-44~~«£€-€-.Q€~W€€£-.Q.R€-«~4-.:tw.g..~~~¥-~U~~~-~~.al.~~~,:t_~~Jil.S-8-~~-ari-
fift~~n-"fe~t~ Internal setbacks shall comply with Chapter IV, Section 3,g of
the Master Plan. Rear yard setbacks shall be a minimum of 15 feet of usable
area (slope does not exceed 10%). All dwelling units shall be located a
minimum of 25 feet from the westerly planning area boundary.
Parking:
Parking shall conform to the standards of Chapter 21.44 of the Carlsbad
Municipal Code.
163
-1 • •
FEE: Sl7S.oo
RECEIPT ~O:
CASE NO:
DATE:
Applicant: Aviara Land Associates, Limited Partnership
Address of Applicant: 2011 Palomar Airport Rd., Suite 206
Carlsbad CA 92008
Phone Number: ( 619) 931-1190
February 22, 1
Name, address and phone number of person to be contacted (if other than
Applicant): N/A
GENERAL INFORMATION:
Description of Project: Master Plan amendment to incorporate recent
Planning Commission action on architectural treatments to detached
housing.
Project tocation/Address: Generally located North of La Costa Ave.
between I-5 and El Camino Real.
Assessor Parcel Number: See lega~ description (Attached}
zone of Subject Property: P-C -------------------------
Proposed Use of Site: (MP-177} (CT 85-35) a mixed use community
centered around a hotel and golf-course.
List all other applicable applications related to this project:
A resolution of the City Council of the City of Carlsbad, California
approving Local Facilities Management Plan for Zone 19 {LFMf 87-19). two
Local Coastal Program Amendments (LCPAs 87-4 and 87-5}, an amendment to
the land use element of the General Plan from the existing designatiqns ta
combination district of Residential Low Medium (RLM}, Residential Medium
(RM), Open Space {OS), Recreational commercial (RC} and Neiqhborhood
Commercial (N). (GPA/LU 85-2), A 360 Lot Tentative Subdivision Map (CT 85-35
A Site Development Plan for Planning Areas 1.2.10 and 11 <SUP 86-2), a
12 lot non-residential Planned Unit Development for Planning Areas 1,2, 10
(see attached sheet)
• •
ENVIRONMENTAL IMPACT ASSESSMENT FORM -Part I
Page 1 -continued
and 11 (PUD-102), a 101 lot 96 unit Planned Unit Development
for Planning Area 4 (PUD-103), a 77 lot 75 unit Planned Unit
Development for Planning Area 8 (PUD-104), a 52 unit 20.9 acre
Planned Unit Development for Planning area 14 (PUD-105), and a
4 lot 100 unit condominium permit for Planning Area 9 (CP-323)
all for a 2,836 unit Master Planned Community centered around a
hotel, golf course and related uses on 1,402 acres of property
generally located north of La Costa Avenue between I-5 and El
Camino Real.
APPLICANT: Pacific Rim Country Club and Resort
•
I. ENVIRONMENTAL IMPACT ANALYSIS
Answer the following questions by placing a check in the appropriat~
space. (Discuss all items checked "yes". Attach additional sheets a~
necessary.)
1) Could the project significantly change present
land uses in the vicinity of the activity?
2) Could the activity affect the use of a recreational
area, or area of important aesthetic value?
3) Could the activity affect the functioning of an
established community or neighborhood?
4) Could the activity result in the displacement of .
community residents?
5) Could the activity increase the number of low and
modest cost housing units in the city?
6) Could the activity decrease the number of low and
modest cost housing units in the city?
7) Are any of the natural or man-mad~ features in the
activity area unique, that is, not found in other
parts of the county, state or nation?
8) Could the activity significantly affect an
historical or archaeological site or its settings?·
9) Could the activity significantly affect the
potential use, extraction, or conservation of a
scarce natural resource?
10) Does the activity significantly affect the
potential use, extraction, or conservation of a
scarce natural resource?
11) Could the activity significantly affect fish,
wildlife or plant life?
12) Are there any rare or endangered plant species
in the activity area?
13) Could the activity change existing features of
any of the city's lagoons, bays, or tidelands?
14) Could the activity change existing features of
any of the city's beaches?
15) Could the activity result in the erosion or
elimination of agricultural lands?
16) Could the activity serve to encourage development
of presently undeveloped areas or intensify develop-
ment of already developed areas?
YES NO
X
X
x
X
X
X
X
X
X
X
X
X
X
X
x
x
2 .
•
Describe !:he activity area, inc~duding d~stiguishing natural and man-
made characteristics: also prov1 e precise slope analysis when
appropriate.
Modification to architectural requirements of an
existing Master Plan.
3. Describe energy conservation measures incorporated into the design
and/or operation of the project.
N/A
4. If residential, include the number of units, schedule or ,it ~zes,
range of sale prices or rents, and type of household size expected~
N/A
S. If commercial, indicate the type, whether neighborhood, city or
regionally oriented, square footage of sales area, and loading
facilities.
N/A
6. If industrial, indicate type, estimated employment per shift, and
loading facilities.
N/A
7. If institutional, indicate the major function, estimated employment ?er
shift, estimated occupancy, loading facilities, and community benefits
to be derived from the project.
N/A
.
' • •
17) Will the activity require a variance from
established environmental standards (air, water,
noise, etc.)?
18) Will the activity require certification, authoriza-
tion or issuance of a permit by any local, state or
federal environmental control agency?
19) Will the activity require issuance of a variance
or conditional use permit by the City?
20) Will the activity involve the application, use,
disposal of potentially hazardous materials?
21) ··will the activity involve construction of
facilities in a flood plain?
22) Will the activity involve construction of
facilities in the area of an active fault?
23) Will the activity involve construction of
facilities on a slope of 25 percent or greater?
24) Could the activity result in the generation of
· significant amounts of noise?
25) Could the activity result in the generation of
significant amounts of dust?
26) Will the activity involve the burning of brush,
trees, or other materials?
or
27) Could the activity result in a significant change
in the quality of any portion of the region's air
or water resources? (Should note surface, ground
water, off-shore.)
28) Will the project substantially increase fuel .
consumption (electricity, oil, natural gas, etc.)?
29) Will there be a significant change to existing
land form?
(a) Indicate estimated grading
cubic yards: N/A
to be done in
( b) Percentage of alteration to the present
land form: N/A .
( C) Maximum height of cut or fill slopes:
N/A
30) Will the activity result in substantial increases
in the use of utilities, sewers, drains or streets?
31) Is the activity carried out as part of a larger
project or series of projects?
X
X
X
X
X
X
X
x·
X
X
X
X
X
X
X
•
II. STATE~ENT 0~ NON-S!CNir!CANT ENVIRONMENTAL EFFECTS
If you have answered yes ~o one or more of the questions in Sec~ion
I but you,th~nk the activity will have no significant enviMnme~tal
effects, lndicate your reasons below:
N/A
III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I
( If additional _space is needed for answering any questions, attach
additional sheets as needed.}
Signature._....idi,,,,,,,.111~~~.;......~~e!-+------..---,.-~------:----------fA~ompleting aepo·rt)
Date Signed ___ F_e_b_r_u_a_r_y_2_2_,_1_9_s_9 _______________ _
..
March 6, 1989 .
Mr. Charles Grimm
City of Carlsbad
•
2075 Las Palmas Drive
Carlsbad, CA 92008
Dear Charlie:
AVIARA
Enclosed is an application request for a Master Plan
Amendment for the Aviara Master Plan (MP-177). This Master
Plan Amendment would modify the Master Plan text to provide
consistency with recent Planning Commissions action
regarding architectural relief and setbacks on detached
PUD's.
The Aviara Master Plan presently contains four planning
areas designated for detached single-family PUD land uses.
These planning areas are PA 4, 8, 14 and 24. The modified
Master Plan wording would require these planning areas to
comply with the latest architectural guidelines as adopted
by the Planning Commission. As you are aware, the Aviara
Master Plan contains strict, highly-regularized setback
wording, different from that allowed in the rest of the
City. Since these new guidelines contain side-yard setback
requirements, existing side-yard setback wording would be
deleted. Additionally, height variation in Planning Area 3
(standard single-family) will be encouraged through these
guidelines rather than a strict limit of 10 units not to
exceed 18 feet in height, and private street setback
requirements in Planning Area 9 could be reduced to 15 feet
with the utilization of side-loaded garage design.
I have enclosed the following information:
A. Signed Application Form
B. Location Map
C. Proposed amendment wording as directed by Chapter
III Aviara Master Plan
D. Signed Disclosure form
E. Part I, Environmental Impact Assessment, plus
$175.00 fee.
F. 600-foot property owners list
G. 2-sets property owners noticing labels
2011 PALOMAR AIRPORT ROAD SUITE 206 CARLSBAD. CALIFORNIA 92009 (619) 931-1190 FAX:(619) 931-7950
Mr. Charles Grimm
March 6, 1989
Page two
•
H. Postage costs for 387 notices x 2 =
$193.50.
I. Preliminary Title Report
J. Master Plan amendment fee calculated at $545.00
plus $5.00/acre for total acreage of affected
planning areas -total $1197.00
Please let me know if I can be of any assistance, and when
we can expect this item to be scheduled before the Planning
Commission.
Sincerely,
L~1
D. L. Clemens
Vice President/General Manager
DLC/lao
cc: Paul Klukas
Scott Medansky
#1 Far South end of
Mimosa looking
So. West thru
easement.
#2 9th house of Lupine,
2-story house on
Lupine.
#3 Between 7th & 5th
South of Lupine
looking west thru
easement.
#4 3rd_house south of
Lupine looking west
thru SDG&E easement.
#5 ·Mimosa St
(
. reet
. South end)
& (4 Ii Ahl ii& :Xi44 CJMP tqA AU !£l$1 $!!!
#6 Center property line
between Evans/Cook
pool back yard on
left.
;'-. -~~-,
~__::-:_~
. ~ ·:;:-~ ·=..:...~~-.· ~
-~ ✓ ~ ...,,, ·0?-.
#7 -First house south
of Lupine (looking
west thru easement).
·.·. ·gy TICOR Tlife INSURANCE_. ________ .,,.--=-·.;
TICOR TITLE INSURANCE COMPANY
925 "B" STREET SAN DIEGO, CALIFORNIA 92101
P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081
i FEBRUARY 9, 1989
I
HILLMAN PROPERTIES
ATTN: LARRY CLEMENS 7707 EL CAMINO REAL
CARLSBAD, CALIFORNIA 92009
YOUR REFERENCE: PACIFIC RIM MASTER
OUR ORDER NO. : 1170625-AMENDED
(
PRELIMINARY SUBDIVISION REPORT FOR TENTATIVE M~. /
,., Jj
-!J'.'
' '
·::\•,
._,( \.... .
FOR THE BENEFIT OF THE SUBDIVIDER, THE SUBDIVIDER'S ·ENGINEER, THE
COUNTY OF SAN DIEGO, AND ANY CITY WITHIN WHICH THE SUBDIVISION IS
LOCATED.
IN CONNECTION WITH THE PROPOSED RECORDATION OF THE SUBDIVISION MAP, A
A PRELIMINARY EXAMINATION OF THOSE PUBLIC RECORDS WHICH UNDER THE
RECORDING LAWS IMPART CONSTRUCTIVE NOTICE OF MATTERS RELATING TO SAID
LAND, DISCLOSES THE FOLLOWING MATTERS.
DATED AT 7:30 A.M. AS OF FEBRUARY 6, 1989
TITLE OFFICER: ROY PROVENCE TEL 619 544-6236 TOM VOTEL TEL 619 544-6234
VESTEE: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP, FORMERLY PACIFIC RIM LAND ASSOCIATES
LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP
EXCEPTIONS:
1. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND SPECIAL ASSESSMENTS,
IF ANY, COLLECTED WilH SAID TAXES.
FOR THE FISCAL YEAR : 1988-89
INCLUDING PERSONAL PROPERTY TAX, IF ANY,
SECOND INSTALLMENT : NOW DUE AND PAYABLE
THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE
PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECfION 75) OF THE REVENUE
AMENDED 1170625 PAGE 1
,----. gfJ TICOR r,-r!e INSURANCE-------
TAXATION CODE OF THE STATE OF CALIFORNIA.
2. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY
FOR TRANSMISSION AND DISTRIBUTION OF ELECTRICITY
RECORDED APRIL 16, 1954 IN BOOK 5207, PAGE 161 OF OFFICIAL
RECORDS AFFECTS THAT PORTION OF PARCEL 1 HEREIN DESCRIBED LYING WITHIN
A STRIP OF LAND 100 FEET IN WIDTH THE CENTER LINE
BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF RANCHO AGUA HEDIONDA AS
SHOWN ON PARTITION MAP 823 FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, WHICH POINT IS 2612.84 FEET WESTERLY FROM THE
INTERSECTION OF THE EASTERLY LINE OF SAID SECTION 22 WITH THE
SOUTHERLY LINE OF SAID RANCHO AGUA HEDIONDA; THENCE FROM SAID POINT OF
BEGINNING SOUTH 43°08'53" EAST A DISTANCE OF 3398.34 FEET TO A POINT
ON THE SOUTHERLY LINE OF SAID SECTION 22 DISTANT THEREON 287.66 FEET'
WESTERLY FROM THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE CONTINUING SOUTH 42°08'53" EAST A DISTANCE OF 3489.25 FEET; THENCE
SOUTH 65°26'53'' EAST A DISTANCE OF 3613.45 FEET TO A POINT ON THE
EASTERLY LINE OF SAID SECTION 26; DISTANT THEREON 1268.40 FEET
NORTHERLY FROM THE SOUTHEAST CORNER OF SAID SECTION 26; THENCE
CONTINUING SOUTH 65°26'53" EAST A DISTANCE OF 5763.96 FEET TO A POINT
ON THE EASTERLY LINE OF SAID SECTION 36 DISTANT THEREON 1087.52 FEET
SOUTHERLY FROM THE NORTHEAST CORNER OF SAID SECTION-36.
3. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY
RECORDED OCTOBER 16, 1956 IN BOOK 6301, PAGE 162 OF OFFICIAL
RECORDS AFFECTS THAT-PORTION OF PARCELS 1 AND 2 HEREIN DESCRIBED LYING
WITHIN A ROUTE DESCRIBED AS FOLLOWS:
THE SOUTHWESTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND
50 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES AND THE NORTHEASTERLY
LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 100 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES FROM THE FOLLOWING DESCRIBED
LINE:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SECTION 26, DISTANT
THEREON 1977.99 FEET EASTERLY FROM THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE NORTH 24°59'39" WEST, A DISTANCE OF 756.26 FEET TO A POINT HEREINAFTER KNOWN AND DESIGNATED AS POINT "A"; THENCE NORTH
48°48'09" WEST, A DISTANCE OF 7200.31 FEET TO A POINT ON THE NORTHERLY
LINE OF SECTION 27, DISTANT THEREON 1619.13 FEET EASTERLY FROM THE
NORTHWEST CORNER OF SAID SECTION 27.
ALSO BEGINNING AT THE ABOVE DESCRIBED POINT OF BEGINNING; THENCE SOUTH
24°59'39'' EAST, A DISTANCE OF 4122.95 FEET; THENCE SOUTH 20°52'09"
EAST A DISTANCE OF 1716.18 FEET TO A POINT ON THE SOUTHERLY LINE OF
SECTION 35; DISTANT THEREON 944.63 FEET WESTERLY FROM-THE SOUTHEAST
AMENDED 1170625 PAGE 2
_______ . {ffJ TICOR rr~e INSURANCE--------
CORNER OF SAID SECTION 35.
THE SIDE LINES OF THE ABOVE DESCRIBED RIGHT OF WAY SHALL BE LENGTHENED
AND/OR SHORTENED SO AS TO TERMINATE SAID SIDE LINES IN THE BOUNDARIES
OF THE ABOVE PROPERTY.
ALSO A RIGHT OF WAY FOR THE HEREINBEFORE DESCRIBED PURPOSES OVER AND
ACROSS A STRIP OF LAND 20 FEET IN WIDTH, BEING 10 FEET ON EACH SIDE
OF THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT THE ABOVE DESCRIBED POINT "A"; THENCE NORTH 53°06'06"
EAST, A DISTANCE OF 160 FEET.
EXCEPTING FROM THE ABOVE DESCRIBED RIGHTS OF WAY ANY PORTIONS THEREOF
NOT LYING WITHIN THE ABOVE DESCRIBED LANDS OF THE GRANTORS NAMED
THEREIN.
BY QUITCLAIM DEED RECORDED DECEMBER 26, 1973 AS FILE NO. 73-355049 OF
OFFICIAL RECORDS THE FOLLOWING PORTION OF SAID EASEMENT WAS
ELIMINATED:
THAT CERTAIN 20.00 FOOT STRIP OF LAND LYING WITHIN THE SOUTH HALF OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO
BASE AND MERIDIAN, AND BEING 10.00 FEET MEASURED AT RIGHT ANGLES ON
EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
COMMENCING AT A POINT ON THE SOUTHERLY LINE OF SAID SECTION 26,
DISTANT THEREON 1977.99 FEET EASTERLY FROM THE SOUTHWEST CORNER OF
SAID SECTION 26; THENCE NORTH 24°59'39" WEST, A DISTANCE OF 756.26
FEET; THENCE NORTH 53°06'06" EAST, 25.00 FEET TO THE TRUE POINT OF
BEGINNING OF THE CENTER LINE OF THE STRIP OF LAND BEING QUITCLAIMED
HEREIN; THENCE FROM SAID TRUE POINT OF BEGINNING AND CONTINUING NORTH
53°06'06" EAST, 135.00 FEET.
AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED JANUARY 10, 1989 BY AND BETWEEN SAN DIEGO GAS & ELECTRIC COMPANY AND PACIFIC RIM LAND ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP
REGARDING RIGHT OF WAY USE AGREEMENT RECORDED JANUARY 10, 1989, RECORDER'S FILE NO. 89-012389
NOTE: SAID AGREEMENT REFERS TO THE EASEMENT ABOVE DESCRIBED.
4. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
• SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND ANO FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR ELECTRICAL TRANSMISSION ANO DISTRIBUTION FACILITIES,
TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES, INGRESS
ANO EGRESS RECORDED APRIL 26, 1957, DOCUMENT NO. 61923 IN BOOK 6553 PAGE
334 OF OFFICIAL RECORDS
AFFECTS AS FOLLOWS: .
A STRIP OF LANO 150 FEET IN WIDTH, THE SOUTHWESTERLY LlNE OF SAID
RIGHT OF WAY SHALL BE PARALLEL WITH AND 50 FEET SOUTHWESTERLY,
MEASURED AT RIGHT ANGLES, AND THE NORTHEASTERLY LINE OF SAID RIGHT OF
AMENDEn 117062!:i 1
.-(!fj TICOR r,te INSURANCE--------
WAY SHALL BE PARALLEL WITH AND 100 FEET NORTHEASTERLY, MEASURED AT
RIGHT ANGLES FROM THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, DISTANT
THEREON 1619. 13 FEET EASTERLY FROM THE CORNER COMMON TO SECTIONS
21, 22, 27 AND 28 OF SAID TOWNSHIP AND RANGE;
THENCE NORTH 48°48'09" WEST, A DISTANCE OF 1348.01 FEET; THENCE NORTH 28°51'09~ WEST, A DISTANCE OF 1651.34 FEET TO A POINT
ON THE SOUTHERLY BOUNDARY LINE OF RANCHO AGUA HEDIONDA; ACCORDING
TO THE PARTITION MAP THEREOF NO. 823 ON FILE IN THE OFFICE
OF THE SAN DIEGO'COUNTY RECORDER, DISTANT THEREON 3427.40 FEE~
EASTERLY FROM THE SOUTHWESTERLY CORNER (ALSO KNOWN AS CORNER NO. 13)
OF LOT G OF SAID PARTITION OF RANCHO AGUA HEDIONDA.
ALSO: BEGINNING.AT THE ABOVE DESCRIBED POINT OF BEGINNING; THENCE
SOUTH 48°48'09" EAST, A DISTANCE OF 7200.31 FEET; THENCE SOUTH 24°59'39" EAST, A DISTANCE OF 756.26 FEET TO A POINT
ON THE SOUTHERLY LINE OF SECTION 26, OF SAID TOWNSHIP
AND RANGE, DISTANT THEREON 1977.99 FEET EASTERLY FROM THE
CORNER COMMON TO SECTIONS 26, 27, 34 AND 35 OF SAID
TOWNSHIP AND RANGE.
THE SIDE LINES OF THE ABOVE DESCRIBED RIGHT OF WAY SHALL
BE LENGTHENED AND/OR SHORTENED SO AS TO TERMINATE SAID
LINES IN THE BOUNDARIES OF THE ABOVE DESCRIBED PROPERTY.
SAID INSTRUMENT, AMONG.OTHER THINGS, PROVIDES GRANTOR AGREES THAT NO OTHER EASEMENT OR EASEMENTS SHALL BE
GRANTED ON, UNDER OR OVER SAID STRIP OF LAND BY GRANTOR,
WITHOUT THE PREVIOUS WRITTEN CONSENT OF GRANTEE.
5. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
FOR A LINE OR LINES OF POLES AND/OR STEEL TOWERS AND WIRES
AND/OR CABLES, WNDERGROUND CONDUITS, CABLES, VAULTS
AND MANHOLES, TELEPHONE SIGNAL AND COMMUNICATION ,
PURPOSES AND PIPE LINES RECORDED FEBRUARY 7, 1958 IN BOOK 6941, PAGE 234 OF OFFICIAL
RECORDS AFFECTS THE SOUTHWESTERLY LINE OF SAID RIGHT OF WAY SHALL BE PARALLEL WITH AND 50 FEET SOUTHWESTERLY MEASURED AT
RIGHT ANGLES AND THE NORTHEASTERLY LINE OF SAID RIGHT
OF ·WAY SHALL BE PARALLEL WITH AND 100 FEET
NORTHEASTERLY MEASURED AT RIGHT ANGLES FROM THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SECTION 27, DISTANT
THEREON 1619.13 FEET EASTERLY FROM THE CORNER COMMON TO SECTIONS 21,
22, 27 AND 28 OF SAID TOWNSHIP AND RANGE; THENCE SOUTH 48°48'09" EAST,
A DISTANCE OF 7200.31 FEET; THENCE SOUTH 24°59'39" EAST, A DISTANCE
OF 756.26 FEET TO A POINT ON THE SOUTHERLY. LINE OF SECTION 26 OF SAID
TOWNSHIP AND RANGE, DISTANT THEREON 1977.99 FEET EASTERLY FROM THE
CORNER COMMON TO SECTIONS 26, 27, 34 AND 35 OF SAID TOWNSHIP AND RANGE.
AMENDED 1170625 PAGE 4
.-·(f{J TICOR r,r!e INSURANCE-------
THE SIDE LINES OF THE ABOVE DESCRIBED RIGHT OF WAY SHALL BE LENGTHENED
AND/OR SHORTENED SO AS TO TERMINATE SAID LINES IN THE BOUNDARIES OF
THE ABOVE DESCRIBED PROPERTY.
GRANTOR AGREES THAT NO OTHER EASEMENT OR EASEMENTS SHALL BE GRANTED
ON, UNDER OR OVER-SAID STRIP OF LAND BY GRANTOR WITHOUT PREVIOUS
WRITTEN CONSENT OF GRANTEE .
. 6. AN EASEMENT, AS RE~LECTED IN AN INSTRUMENT CREATING OR REAFFLRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
-STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CARLSBAD MUNICIPAL WATER DISTRICT
FOR P!PE LINE RECORDED JULY 21, 1958, DOCUMENT NO. 116505 AFFECTS THAT PORTION OF PARCEL 1 HEREIN DESCRIBED LYING WITHIN
A STRIP OF LAND 30 FEET WIDE, THE CENTER LINE BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SECTION 22, TOWNSHIP 12 SOUTH,
.RANGE 4 WEST, SAN:BERNARDINO MERIDIAN, ACCORDING TO RECORD OF SURVEY
584, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
CALIFORNIA, APRIL .29, 1937; THENCE NORTH 1°51'12" WEST 1056.06 FEET
TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°55'47" EAST 973.64
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A
RADIUS OF 500 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE ANGLE _OF 34°16'30 AN ARC DISTANCE OF 299.11 FEET; THENCE
TANGENT TO SAID CURVE NORTH 55°39'17" EAST 977.95 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF
500 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE.-OF
27°14'40" AN ARC DISTANCE OF 237.75 FEET; THENCE TANGENT TO SAID CURVE
NORTH 82°53'57" EAST 1016.03 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 500 FEET, THENCE EASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32°46'00" AN ARC DISTANCE
OF 285.95 FEET; THENCE TANGENT TO SAID CURVE SOUTH 64°20'03" EAST
609.67 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY,
HAVING A RAD I US OF 600 FEET; THENCE EASTERLY ALONG SAID CURVE THR'OUGH
A CENTRAL ANGLE OF 26°10'00" AN ARC DISTANCE OF 274.06 FEET; THENCE
TANGENT TO SAID CURVE NORTH 89°29'57" EAST 576.92 FEET.
7. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT
FOR PIPE LINE RECORDED DECEMBER 4, 1959, DOCUMENT NO. 250359 AFFECTS THAT PORTION OF SAID LAND LYING WITHIN A 20 FOOT
EASEMENT FOR WATER LINE PURPOSES SITUATED IN THE SOUTHEAST QUARTER OF TH~ SOUTHEAST QUARTER OF SECTION
28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, THE CENTER LINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST~ SAN
BERNARDINO MERIDIAN; THENCE ALONG THE NORTHERLY LINE THEREOF EASTERLY
227.57 FEET; THENCE SOUTH 23°31' EAST 597.11 FEET; THENCE SOUTH
17°06' EAST 483.89 FEET; THENCE SOUTH 11°03' WE.ST 326.5 FEET, MORE OR
AMENDED 1170625 PAGE s
·e • -(!JJ TICOR TITLE INSURANCE-------
LEss, TO THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 28; THENCE WESTERLY ALONG SAID SOUTHERLY LINE
SOUTH 89°57'55" WEST 204.17 FEET; THENCE SOUTHERLY 10.00 FEET,
MEASURED AT RIGHT ANGLES TO SAID LAST MENTIONED SOUTHERLY LINE;
THENCE ALONG A LINE PARALLEL TO SAID SOUTHERLY LINE NORTH 89°57'55" ·
EAST 204.17 FEET TO AN ANGLE POINT; THENCE NORTH 81°04'55" EAST
423.18 FEET TO THE BEGINNING OF 430 FOOT RADIUS TANGENT CURVE CONCAVE
NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 266.92 FEET .
THROUGH AN ANGLE .OF 35°34'; THENCE TANGENT TO SAID LAST MENTIONED . ·
CURVE NORTH 45°30'55" EAST 286.07 FEET TO THE WESTERLY BOUNDARY OF
SAID $0UTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 28,
SAID POINT BEING THE TRUE POINT OF BEGINNING;. THENCE CONTINUING ALONG
LAST MENTIONED COURSE NORTH 45°30'55" EAST 224.26 FEET, THE SIDE LINES
OF SAID EASEMENT TO BE PROLONGED OR SHORTENED AT THE TERMINUS OF SAID
LAST MENTIONED WESTERLY BOUNDARY. ·
8. AN EASEMENT, A·S REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER
FOR
·RECORDED
AFFECTS
DISTRICT
PIPELINE FEBRUARY 27, 1962, RECORDER'S FILE NO. 33068
THAT PORTION OF PARCEL 1 HEREIN DESCRIBED, LYING
WITHIN THE WESTERLY 20.00 FEET OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 12 SOUTH, RANGE 4 WEST, AND THE WESTERLY
20.00 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 12
SOUTH, RANGE 4 WEST
9. AN EASEMENT, A$ REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CARLSBAD MUNICIPAL WATER DISTRICT FOR PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES AND
CONDUITS AND CABLES FOR POWER TRANSMISSION AND
COMMUNICATION PURPOSES RECORDED SEPTEMBER 27, 1966, RECORDER'S FILE NO. 156084
AFFECTS : AS FOLLOWS:
THE WESTERLY 20 FEET OF SAID SOUTH HALF OF THE WEST HALF OF THE NORTH
HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 26,
TOWNSHIP 12 SOUTH, RANGE 4 WEST AND ALSO INCLUDING THE WESTERLY 20
FEET OF SAID SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST.
10. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY FOR POLES, WIRES AND ANCHORS FOR THE TRANSMISSION AND
DISTRIBUTION OF ELECTRICITY
RECORDED AUGUST 9, 1968 RECORDER'S FILE NO. 136472 AFFECTS THAT PORTION OF PARCEL 1 HEREIN DESCRIBED LYING WITHIN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
TOGETHER WITH THE SOUTHWEST QUARTER OF THE SOUTHWEST
AMENDED 1170625
__ . ~ TICOR r11'e INSURANCE--------
QUARTER, EXCEPT.THEREFROM THE SOUTH HALF OF THE
· SOUTHWEST QUARTER OF THE SOWTHWEST QUARTER ALL BEING
IN SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN.
THE SAID EASEMENT ANO RIGHT OF WAY IN THE AFORESAID LANDS SHALL BE
12.00 FEET IN WIDTH, BEING 6.00 FEET MEASURED AT RIGHT ANGLES ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE NORTH
1°15'53" WEST ALONG THE WESTERLY LINE OF SAID SECTION 26, A DISTANCE
OF 653.79 FEET TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH
AND 2.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID SOUTH HALF OF
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH
89°29'13" EAST ALONG SAID PARALLEL LINE, 648.01 FEET TO A POINT, W~ICH
SAID POINT IS THE TRUE POINT OF BEGINNING OF THE CENTER LINE OF RIGHT
. OF WAY HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING,
CONTINUING ALONG SAID PARALLEL LINE 110.73 FEET TO A POINT HEREINAFTER
KNOWN AND DESIGNATED AS POINT "A''; THENCE FROM SAID POINT "A", CONTINUING SOUTH 89°29'13" EAST, 561.28 FEET; THENCE NORTH 86°25'17"
EAST TO THE SOUTHWESTERLY LINE OF THAT CERTAIN RIGHT OF WAY GRANTED
TO SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION, RECORDED OCTOBER 16, 1956 IN BOOK 6301, PAGE 162 OF SAID OFFICIAL RECORDS OF
SAID COUNTY OF SAN DIEGO, BEING A DISTANCE_OF 285 FEET, MORE OR LESS.
ALSO: THAT CERTAIN 4.00 FOOT STRIP OF LAND OVER AND ACROSS THE ABOVE
DESCRIBED PROPERTY, BEING 2.00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTER LINE:
BEGINNING AT THE ABOVE DESCRIBED POINT "A''; THENCE NORTH 11°34'17"
EAST, 25.00 FEET.
EXCEPTING FROM THE ABOVE DESCRIBED RIGHT OF WAY ANY PORTION THEREOF
NOT LYING WITHIN THE ABOVE DESCRIBED LANDS OF THE GRANTOR NAMED
THEREIN.
BY QUIT CLAIM DEED RECORDED NOVEMBER 26, 1969 UNDER RECORDER'S FILE
NO. 216504, THE FOLLOWING PORTION OF EASEMENT WAS ELIMINATED:
THE SOUTHERLY 25.00 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN.
11. AN EASEMENT, As· REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF THE CITY OF CARLSBAD FOR WATER SYSTEM, SEWERAGE, DRAINAGE, POWER LINE,
EXCAVATION, AND/OR EMBANKMENT FACILITIES
RECORDED MARCH 11, 1976, RECORDER'S FILE NO. 76-071622
AFFECTS AS FOLLOWS:
THAT PORTION OF PARCEL 4 HEREIN DESCRIBED LYING WITHIN STRIPS OF LAND
20 FEET IN WIDTH, BEING 10 FEET IN WIDTH ON EACH SIDE OF THE FOLLOWING
. DESCRIBED CENTER LINES, AND ALL CONTAINED WITHIN SEcrioNS 26, 35, 34
AND 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, _IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA WITHIN SAID SECTION 34:
AMENDED 1170625 PAGE 7
-fffl TICOR rrft.e INSURANCE---------
BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 34, SOUTH
0°32'26" WEST THEREON A DISTANCE OF 348.96 FEET FROM THE NORTHEAST
CORNER OF SAID SECTION 34; THENCE FROM SAID POINT OF BEGINNING OF THE
CENTER LINE TO BE DESCRIBED SOUTH 75°10'00" WEST A DISTANCE OF 169.59
FEET; THENCE SOUTH 49°25'00" WEST A DISTANCE OF 532.15 FEET; THENCE
SOUTH 66°25'00" WEST A DISTANCE OF 340.21 FEET; THENCE SOUTH 56°20'00"
WEST A DISTANCE OF 309.00 FEET; THENCE NORTH 62°00'00" WEST A DIST'ANCE
OF 333.00 FEET; THENCE NORTH 56°20'00" WEST A DISTANCE OF 350:00
FEET; THENCE SOUTH 81°20'00" WEST A DISTANCE OF 161.00 FEET; THENCE
SOUTH 37°00'00" WEST A DISTANCE OF 222.00 FEET; THENCE SOUTH 81°00~00"
WEST A DISTANCE OF 547.00 FEET; THENCE SOUTH 89°30'00" WEST A
DISTANCE OF 350.00 FEET; THENCE SOUTH 88°10'00" WEST A DISTANCE OF
350.00 FEET; THENCE SOUTH 88°30'00" WEST A DISTANCE OF 350.00 FEET;
THENCE NORTH 29°00'00" WEST A DISTANCE OF 182.00 FEET; THENCE SOUTH
86°17'00" WEST A DISTANCE OF 79.03 FEET; THENCE SOUTH 20°33'00" WEST A·
DISTANCE OF 167.00 FEET; THENCE SOUTH 26°00'00" WEST A DISTANCE OF
282.00 FEET; THENCE SOUTH 75°40'00" WEST A DISTANCE OF 365.00 FEET;
THENCE SOUTH 62°50'00" WEST A DISTANCE OF 240.00 FEET; THENCE NORTH
57°20'00'' WEST A DISTANCE OF 239.00 FEET; THENCE NORTH 79°05'00" WEST
A DISTANCE OF 350.00 FEET; THENCE NORTH 78°37'00" WEST A DISTANCE OF
306.89 FEET TO THE WEST LINE OF SAID SECTION 34, DISTANT THEREON
SOUTH 0°43'04" EAST 1,302.59 FEET FROM THE NORTHWEST CORNER OF SAID
SECTION 34.
THE SIDELINES OF THE ABOVE DESCRIBED 20 FOOT WIDE EASEMENT ARE TO BE
LENGTHENED OR SHORTENED AS NECESSARY SO AS TO FORM A CONTINUOUS
BOUNDARY BETWEEN THE EAST LINE AND THE WEST LINE OF SAID SECTION 34.
12. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1
FOR AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL
RECORDED MAY 26, 1976 RECORDER'S FILE NO. 76-159954
AFFECTS THAT PORTION OF PARCEL 1 HEREIN DESCRIBED LYING WITHIN
THAT PORTION OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTHERLY ALONG THE
WESTERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 0°00'27" WEST, A DISTANCE OF 309.43 FEET; THENCE LEAVING SAID
WESTER~Y LINE, NORTH 89°59'33" EAST, A DISTANCE OF 249.71 FEET TO THE
TRU~ POINT OF BEGINNING; THENCE SOUTH 75°31'14" EAST, A DISTANCE OF
40.00 FEET; THENCE SOUTH 14°28'46" WEST, A DISTANCE OF 58.00 FEET;
THENCE SOUTH 75°31'14" EAST A DISTANCE OF 220.00 FEET; THENCE SOUTH
14°28'46" WEST, A DISTANCE OF 97.00 FEET; THENCE NORTH 75°31'14" WEST
A DISTANCE OF 55.00 FEET; THENCE SOUTH 14'28'46" WEST, A DISTANCE OF
40.00.FEET; THENCE NORTH 75°31'14" WEST A DISTANCE.OF 80.00 FEET;
THENCE NORTH 14°28'46" EAST A DISTANCE OF 40.00 FEET; THENCE NORTH
49°52'45" WEST, A DISTANCE OF 138.65 FEET; THENCE NORTH 14°28'46" EAST
A DISTANCE OF 95.00 FEET TO THE TRUE POINT OF BEGINNING.
AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 26, DESCRIBED AS FOLLOWS:
AMFNnr=n 1170Fi?S A
-· (fD TICOR Tl"~E INSURANCE--------
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 26; THENCE ALONG THE SOUTHERLY LINE
OF SAID SOUTHEAST:QUARTER OF THE SOUTHWEST QUARTER, NORTH 88°48'03"
WEST, A DISTANCE OF 547.47 FEET TO A POINT IN THE EASTERLY LINE OF.
THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO SAN DIEGO GAS &
ELECTRIC COMPANY, RECORDED OCTOBER 16, 1956 IN BOOK 6301, PAGE 162 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG SAID EASTERLY LINE, NORTH
24°29'12" WEST, A DISTANCE OF 504.52 FEET TO THE TRUE POINT OF ·
BEGINNING; THENCE LEAVING SAID EASTERLY LINE, NORTH 65°30'48" EAST, A
DISTANCE OF 107.00 FEET; THENCE NORTH 24°29'12" WEST, A DISTANCE OF
10.00 FEET; THENCE SOUTH 65°30'48" WEST, A DISTANCE OF 162.00 FEET;
THENCE SOUTH 36°50'05" EAST, A DISTANCE OF 39.68 FEET; THENCE NORTH
65°30'48" EAST, A DISTANCE OF 15.00 FEET; THENCE NORJH 8°00'00" WEST,
A DISTANCE OF 30.00 FEET; THENCE NORTH 65°30'48" EAST, A DISTANCE OF
23.00 FEET TO TH~ TRUE POINT OF BEGINNING. ·
· 13. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
AND INCIDENTAL PURPOSES SAID EASEMENT,
·STATED HEREIN,
IN FAVOR OF :
FOR RECORDED
AFFECTS
PARCEL 1:
SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1
AN ENCLOSED OR.UNENCLOSED FLOOD DRAINAGE CHANNEL
NOVEMBER 22, 1976 RECORDER'S FILE NO. 76-391112
THOSE PORTIONS OF PARCELS HEREIN DESCRIBED LYING
WITHIN THOSE PORTIONS OF SECTIONS 27 AND 28 OF
TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, STATE OF CALIFORNIA, DESCRIBED IN THE
FOLLOWING PARCELS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 28; THENCE SOUTH 89°08'38" EAST, A
DISTANCE OF 2327.17 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 89°08'38" EAST, A DISTANCE OF 10.86 FEET; THENCE
SOUTH 22°07'00" EAST, A DISTANCE OF 92.88 FEET; THENCE SOUTH
67°53'00" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 22°07'00" WEST,
A DISTANCE OF 97.12 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 28, THENCE SOUTH 89°08'38" EAST A
DISTANCE OF 1627.95 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 89°08'38" EAST, A DISTANCE OF 31.95 FEET; THENCE
SOUTH S2°06'08" WEST A DISTANCE OF 49.84 FEET; THENCE NORTH 37°53'52"
WEST, A DISTANCE OF 20.00 FEET; THENCE NORTH 52°06'08" EAST, 24.92
FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 3:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 27; THENCE SOUTH
35°38'20" EAST A DISTANCE OF 141.96 FEET; THENCE SOUTH 3°53'00" WEST,
A DISTANCE OF 65.39 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH
85°18'43 11 EAST, A DISTANCE OF 44.25 FEET; THENCE SOUTH 4°41'17" EAST,
A DISTANCE OF 10.00 FEET; THENCE SOUTH 85°18'43" WEST, A DISTANCE OF
45.75 FEET; THENCE NORTH 3°53'00" EAST A DISTANCE OF 10.11 FEET TO
q
. . ---((IJ TICOR TITLE INSURANCE-------
THE TRUE POINT OF BEGINNING.
14. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, UNDERGROUND FACILITIES CONSISTING OF CONDUITS,
MANHOLES, HANHOLES AND JUNCTION BOXES WITH WIRES-AND
CABLES PLAED THEREIN AND ABOVEGROUND STRUCTURES
CONSISTING OF PADS, TRANSFORMERS, AND OTHER
ABOVEGROUND STRUCTURES, TOGETHER WITH THE RIGHT OF
RECORDED
AFFECTS
INGRESS THERETO AND EGRESS THEREFROM MAY 10, 1977, RECORDER'S FILE NO. 77-177430
A STRIP OF LAND 8.00 FEET IN WIDTH, BEING 4.00 FEET
MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTER LINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE ALONG
THE NORTHERLY LI NE THEREOF NOR TH 89° 45 '34" WEST, 1356. 12 FEET; THENCE
LEAVING SAID NORTHERLY LINE SOUTH 1°20'42" EAST, 767.70 FEET -TO THE
_TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE
F~OM SAID TRUE POINT OF BEGINNING SOUTH 69°48'44" EAST, 144.02 FEET TO
THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY;
THENCE SOUTHEASTERLY, E~STERLY AND NORTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 49°55'20", A DISTANCE OF 21.78 FEET;
THENCE TANGENT NORT_~ 60°15'56" EAST, 7.86 FEET.
15. AN AGREEMENT
DATED BY AND BETWEEN
REGARDING
RECORDED
TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
SEPTEMBER 7, 1983 N.B. HUNT AND W.H. HUNT AND THE CITY OF CARLSBAD, A
MUNICIPAL CORPORATION AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF
CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE
OCTOBER 20, 1983, RECORDER'S FILE NO. 83-378945
16. THE FACT THAT SAID LAND LIES WITHIN THE HPI REORGANIZATION, AS
DISCLOSED BY SAN DIEGO COUNTY LOCAL AGENCY FORMATION COMMISSION
CERTIFICATE OF COMPLETION, RECORDED FEBRUARY 14, 1985 AS FILE NO.
85-051430 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
17. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE DISTRICT
NO. 1" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY OF CARLSBAD A
CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 19, 1986, RECORDER'S FILE
NO. 86-356638.
SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES _ FUNDS FOR THE CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE
GENERATED BY FEES COLLECTED AS BUILDING PERMITS ARE ISSUED FOR
DEVELOPMENT WITHIN THE BOUNDARIES OF THE DISTRICT.
18. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED : AUGUST 29, 1986 BY AND BETWEEN W.H. HUNT AND N.B. HUNT AND THE CITY OF CARLSBAD, A
MUNICIPAL CORPORATION
. : --f(iJ TICOR TITLE INSURANCE------'----
REGARDING
RECORDED
19. AN AGREEME~T
DATED BY AND BETWEEN
REGARDING
RECORDED
20. AN AGREEMENT
DATED :
BY AND BETWEEN :
REGARDING
RECORDED
AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF
CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE
NOVEMBER 6, 1986, RECORDER'S FI LE NO. 86-509319
TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
OCTOBER 16, 1987 ·
W. H. HUNT AND N. 8. HUNT AND THE CtTY OF CARLSBAD
PAYMENT OF A PUBLIC FACILITIES FEE
NOVEMBER 19, 1987, RECORDER'S FI LE NO. 87-647735
TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
JUNE 6, 1988 . THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE.
STATE LANDS COMMISSION, WITH THE CONCURRENCE OF THE
CALIFORNIA ATTORNEY GENERAL; AND PACIFIC RIM LAND
ASSOCIATES LIMITED PARTNERSHIP, A DELWARE LIMITED
PARTNERSHIP TITLE SETTLEMENT AND EXCHANGE AGREEMENT-AND
CONVEYANCE OF PUBLIC ACCESS EASEMENT
JUNE 10, 1988, RECORDER'S FILE NO. 88-278452
21. AN EASEMENT, .AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND ANO FOR THE PURPOSES
STATED HEREIN, AND· INCIDENTAL PURPOSES IN FAVOR OF : STATE OF CALIFORNIA ACTING BY AND THROUGH THE STATE
FOR
-RECORDED
AFFECTS
·22. A DEED OF
STATED HEREIN
DATED AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
LANDS COMMISSION
PUBLIC ACCESS EASEMENT JUNE 10, 1988, RECORDER'S FILE NO. 88-278452
AS FURTHER DESCRIBED IN SAID DOCUMENT
TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
DECEMBER 20, 1988
$125,000,000.00 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661636
23. AN ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE
INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT WAS EXECUTED BY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA TO CORPORATION DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661637 RECORDED
24. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, SHOWING DEBTOR : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP
SECURED PARTY : FIRST INTERSTATE BANK OF CALIFORNIA RECORDED DECEMBER 23, 1988, RECORDER'S FILE .NO. 88-661638
PROPERTY COVERED AS SET FORTH THEREIN
AMENDED 1170fi?'i
.----' ~ TICOR r11'e INSURANCE--------
NOTES
A. THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE
REGULAR RECORDING CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A
DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A
"PRELIMINARY CHANGE OF OWNERSHIP REPORT." IN LIEU OF SAID R~PORT,
SIGNED BY THE TRANSFEREE, THE RECORDER WILL NOT CHARGE AN EXTRA FEE IF
THE DOCUMENT IS ACCOMPANIED BY AN AFFIDAVIT THAT THE TRANSFEREE IS NOT
A RESIDENT OF CALIFORNIA. OUR TITLE BILLING WILL BE ADJUSTED TO
REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE.
·a. CHAPTER 1004, OF CALIFORNIA STATUTES OF 1984, BECAME EFFECTIVE ON
JANUARY 1, 1985. THIS LEGISLATION DEALS WITH THE DISBURSEMENT OF FUNDS
DEPOSITED WITH ANY TITLE ENTITY ACTING IN AN ESCROW OR SUB-ESCROW
CAPACITY. THE LAW REQUIRES THAT ALL FUNDS BE DEPOSITED AND COLLECTED
BY THE TITLE ENTITY'S ESCROW AND/OR SUB-ESCROW ACCOUNT PRIOR TO
DISBURSEMENT OF ANY FUNDS. USE OF A CHECK DRAWN ON AN OUT-OF-STATE
F··INANCIAL INSTITUTION OR USE OF ANY DRAFT MAY CAUSE A MATERIAL DELAY
IN CLOSING AND DISBURSEMENT OF FUNDS ON THIS ORDER. IN ORDER TO AVOID
SUCH DELAYS, ALL FUNDINGS SHOULD BE EITHER BY WIRE TRANSFER OR BY
CHECK DRAWN ON CALIFORNIA FINANCIAL INSTITUTIONS.
C. CODE AREA
PARCEL NO.
AMENDED 1170625
09133
213-170-51, 215-040-15,
215-051-10,
215-080-02,
216-111-04,
215-040-02-01,
215-040-16,
215-070-05-01,
216-111-01,
216-150-06,
PAGE 12
215-040-02-02
215-050-14
215-070-05-02
216-111-03
216-150-07
'
-(f{J TICOR rifle INSURANCE--------
THE LAND REFERRED TO HEREIN rs SITUATED. IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF SECTIONS 22, 26, 27, 28, 33, AND 34 ALL IN TOWNSHIP 12 ·SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
' BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 34 AS SHOWN ON
RECORD OF SURVEY MAP NO. 10774 FILED IN THE OFFICE OF THE COUNTY'
RECORDER OF SAN-□IEGO COUNTY OCTOBER 30, 1986 AS FILE NO. 86-494180;
THENCE ALONG THE EASTERLY LINE OF SAID SECTION, SOUTH 00°32'01" WEST
426.75 FEET; THENCE LEAVING SAID EASTERLY LINE, THE FOLLOWING COURSES:
NORTH 83°55'00" WEST 164.81 FEET; SOUTH 51°22'00" WEST 518.00 FEET;
SOUTH 67°22'00'' WEST 140.00 FEET; SOUTH 60°44'00" WEST 295.00 FEET;
SOUTH 39°25'00" EAST 163.00 FEET; SOUTH 21°11'00" WEST 214.00 FEET;
SOUTH 49°15'00" WEST 119.00 FEET; NORTH 89°45'00" WEST 186.00 FEET;
NORTH 58°00'00" WEST 132.00 FEET; NORTH 72°30'00" WEST 187.00 FEET;
NORTH 05°14'00'' EAST 201.00 FEET; NORTH 51°53'00" WEST 63.00 FEET;
NORTH 74°45'00" .WEST 193.00 FEET; NORTH 89°42'00" WEST 218.00 FEET;
SOUTH 59°00'00'' WEST 156.00 FEET; NORTH 75°10'00" WEST 113.00 FEET;
SOUTH 22°30'00'' WEST 88.00 FEET; SOUTH 81°22'00" WEST 57.00 FEET;
SOUTH 61°54'00'' WEST 195.00 FEET; NORTH 82°00'00" WEST 114.00 FEET;
NORTH 89°00'00'' WEST 120.00 FEET; SOUTH 01°00'00" EAST 36.00 FEET;
SOUTH 62°50'00'' WEST 318.00 FEET; SOUTH 28°00'00" EAST 35.00 FEET; SOUTH 54°10'00" WEST 148.00 FEET; SOUTH 79°35'00" WEST 155.00 FEET;
NORTH 54°10'00 WEST 370.00 FEET; NORTH 74°30'00" WEST 86.00 FEET;
NORTH 35°30'00 WEST 141.00 FEET; NORTH 11°10'00" EAST 110.00 FEET;
NORTH 20°30'00 WEST 128.00 FEET; NORTH 85°00'00" WEST 71.00 FEET;
SOUTH 25°30'00 WEST 223.00 FEET; SOUTH 10°45'00" EAST 53.00 FEET;
SOUTH 33°30'00 WEST 146.00 FEET; SOUTH 55°30'00" WEST 52.00 FEET;
SOUTH 77°30'00 WEST 358.00 FEET; SOUTH 55°10'00" WEST 167.00 FEET;
SOUTH 75°58'00" WEST 42.00 FEET; NORTH 83°56'00" WEST 117.00 FEET;
NORTH 73°50'00'' WEST ·99.00 FEET; NORTH 79°50'00" WEST 147.00 FEET;
NORTH 74°10'00" WEST 190.00 FEET; NORTH 68°56'02" WEST 346.00 FEET;
NORTH 73°16'26" WEST 174.03 FEET; NORTH 84°00'00" WEST 124.00 FEET;
SOUTH 78°00'00" WEST 447.00 FEET; NORTH 83°00'00" WEST 123.73 FEET
TO THE BOUNDARY LINE OF SAID RECORD OF SURVEY MAP; THENCE ALONG SAID BOUNDARY LINE, THE FOLLOWING COURSES:
NORTH 32°17'46" WEST 561.66 FEET; NORTH 69°15'21" WEST 228.23 FEET; NORTH 00°43'21'' WEST 788.21 FEET; NORTH 00°30'45" EAST 1357.73 FEET; SOUTH 89°08'32" EAST 1358.19 FEET; NORTH 23°18'51" EAST 156.92 FEET;
SOUTH 83°50'41" EAST 182.99 FEET; NORTH 63°51'06" EAST 118.55 FEET;
NORTH 46°13'35" EAST 66.99 FEET; NORTH 21°20'05" EAST 79.07 FEET;
NORTH 14°41'15" WEST 271.95 FEET; NORTH 26°25'20" WEST 112.93 FEET;
NORTH 44°11'08'' WEST 189.02 FEET; NORTH 36°54'21" WEST 80.99 FEET;
NORTH 17°22'08" WEST 96.53 FEET; NORTH 07°57'57" WEST 108.47 FEET;
NORTH 03°51'41" EAST 180.95 FEET; NORTH 35°35'33" WEST 142.04 FEET;
NORTH 00°34'18'' EAST 2716.14 FEET; SOUTH 86°58'38" EAST 1318.67 FEET;
NORTH 01°49'19" west 331.07 FEET; SOUTH 86°57'12" EAST 660.57 FEET;
SOUTH 01°36'47" EAST 330.69 FEET; SOUTH 00°06'50" WEST 1340.75 FEET;
SOUTH 87°30'08" EAST 662.65 FEET; SOUTH 87°32'14" EAST 662.56 FEET;
NORTH 00°12'09" WEST 1328.52 FEET; SOUTH 86°58'17" EAST 659.12 FEET;
NORTH 00°41'54" WEST 2434.07 FEET; SOUTH 89°2S'30" EAST 1370.33 FEET;
AMENDED 1170625 PAGE 13
---•f!IJ r1coR rile INSURANCE--------
souTH 00°33'25" WEST 2491.10 FEET; SOUTH 00°42'22" EAST 2294.99 FEET;
SOUTH 89°19'14" EAST 1334.44 FEET; SOUTH 00°21'21" EAST 328.99 FEET;
SOUTH 89°16'26" EAST 252.98 FEET; SOUTH 00°43'19" WEST 392.93 FEET;
SOUTH 89°16'42" EAST 299.95 FEET SOUTH 25°48'10" EAST 163.03 FEET;
SOUTH 44°39'44" WEST 109.07 FEET SOUTH 40°51'44" WEST 501.68 FEET;
SOUTH 38°15'14" WEST 136.45 FEET SOUTH 08°46'19" WEST -168.00 FEET;
SOUTH 24°07'12" WEST 174.68 FEET SOUTH 15°13'16" EAST 128.95 FEET;
SOUTH 48°19'47" EAST 507.55 FEET SOUTH 24°29'17" EAST 825.89 FEET;
NORTH 88°48'10" WEST 770.87 FEET NORTH 00°22'48" WEST 658.36 FEET;
NORTH 88°55'25" WEST 1321 .10 FEET; ANO SOUTH 00°42'22" EAST 655.68
FEET TO THE POINT OF BEGINNING.
AMENDED 1170625 PAGF. 14
-(ffj TICOR r11'e INSURANCE--------
EXHIBIT A
Printed Policy Exceptions and Exclusions
ALTA RESIDENTIAL POLICY {6·1 •87)
The excluaiona and the exceptions of the ALTA RHldendal Polley
form recite thac you ar■ noc Insured againac lo.a, costa, attom■ys' I•••• and 1xpenaes resulting from:
Exclusions
1 Oov■mmental police power. and the existence or violatlon of
any law or govemm■nc regulation. This includea building and
zaning ordlnancH and also laws and r■gulatlons conc1mmg
• land UI■
• lmprov■menta on the land
• land division
• 1nvlronm■ntal protitcdon
Thia exclualon does nae apply to violatlona or the enforc■menc of
thHI matters which appear in the public records at Policy Cate.
Thia exclusion does not limit the zoning coverage described In
lt■ma 12 and 13 of Covered Title Rlsu,
2 Th• right to take the land by cond1~nlng It, unless:
• a notice of exercising the right appears in the public records on
the Polley Cate
• the taking happened prior to the PoUcy Oat■ and la binding on
you If you bought the land without knowing of the taking
3 Title Riska:
• that are cr1■ted, allowed, or agreed to by you
• that are known to you, but not to ua, on the Polley Oat-unlasa
they app1■red In the public records
• that result in no loss to you
• that first affect your title after the Polley Oate-lhls does not
llmit the labor and matenal lien coverage in Item 8 of Covered Title Risks ' .
4 l'ailure to pay value for your title.
5 Lack of a right:
• to any land outside the are■ sp■clllcally described and
referred to in Item 3 of Schedule A
or
• In stnets. alleys, or wat1rways that touch your land.
Thia 1xcluslon does not limit the access coverage in Item 5 of Covered
Tltlt Riska.
Standard Exceptions
(a) Any rights, Interests or claims of parties In possession of the
land not shown by the public records.
(b) Any 1as1m1nts or liens not shown by the public records.
This does not limit the lien coverage In Item 8 of th• Covered
Title Risks.
(c) Any facts about the land which a correct survey would disclose
and which are not shown by the public records.
Thia does nc: 11mit the forced removal coverage In Item 12 of
Covered TIiie ~isks.
(d) Any water rights, claims or title to water on or under the land.
ALTA LOAN POLICY (10·21·87)
WITH ALTA INOORSEMENT FORM 1_ COVERAGE
Th■ l!xcluslons from Coverage of the ALTA Lean Polley form reclt■a that the following matters are expressly excluded from the coverage of this
policy and the Company will not pay losa or damage, costs, attorneys' tea or expenses which arise by reason of:
1 (a) Any law, ordinance or governmental regulation (Including but not limited to building and :coning laws, ordinances, or regulatlons) restricting,
reguladng, prohibiting or relating to (l)the occupancy, use, er enjoyment of the land: (li)the character, dimensions or location of any Improvement
now or hereafter erected on the land:(111) a separation in ownership or a change in the dimensions or area of th■ land or any parcel of
which the land Is or waa a part: or (Iv) ·environmental protection, or the ■Hect of any violation of th■ae laws, ordlnancu or governmental
regulations, except to the extent tnat a notice of the enforcement thereof or a notice of a defitct. lien or encumbrance resulting from a
violation or alleged violation affecting tne land haa been recorded In the public records at Cati of Polley.
(b) Any gov■mmental police power not excluded by (a) above, except to th■ extent that a notice of the exercise thereof or a notice a defect,
llen or encumbrance resulting from a vlolatlon or alleged violation affecting the land haa bHn recorded in the public records at Cati of Polley.
2 Rights of eminent domain unt■aa notice of the exercise thereof haa bffn recorded In the public records at Cate of Polley, but not excluding
from coverage any taking which haa occurred prior to Cate of Polley which would be binding on the rights of a purchaser for value without
kno":'ledge. ·
3 Oef■cts. llena, encumbrancaa, adverse clalma or other matters:
(a) created, suffered, anumed or agreed to by the inaured claimant;
(b) not known to th• Company, not recorded In the public records at Cate of Polley, but known to the insured claimant and not disclosed In
writing to the Company by the lnaurea claimant prior to the data the insured claimant became an Insured under ttlla policy;
(o) reauldng In no loaa or damage to the_ lnaured claimant;
(d) attaching or creating subsequent to Cate of Polley (except to the extant that this policy Insures the priority of the ll1n of the lnaured mortgage
over any statutory lien for services, labor or material, or to the extent Insurance is afforded herein aa to assessments tor stnet Improvements
under con1uuct1on or completed at Cate cf Polley); er
(e) _resulting In loss or damage which would not have bun sustained If the lns1,1red claimant had paid value for the Insured mortgage.
· 4 Unenforc1ablllty of the lien of the Insured mortgage because of the Inability or failure of the insured at Cate of Polley, or the Inability or
failure of any subsequent owner of the Indebtedness, to comply witn applicable doing business laws of the state In which the land Is situated.
5 lnvalldlty or un■nforc■abillty of the llen of tne Insured mortgage, or claim thereof, which arls11 out of the tranaacdon evidenced by the lnaured
mortgage and la baaed upon usury or any consumer credit protection or UUth In !ending law.
6 Any statutory Hen for servlc■a, labor or materials (or the clalm of priority of any statutory lien for servlc■a, labor or materials over the Hen
of the Insured mortgage) arising from an improvement or wortc related to the land which is contracted for and commenced subsequent to
Oace of Polley and la not financed In whole or In part by proceed• of the lndabtadnna secured by the insured mortgage which at Cate of
Polley the insured haa advanced or Is obligated to adVance. (continued on next page)
AMENDED 1170625 PAGE 15
... ,---. -~go TICOR r11'e INSURANCE--------
CLTA STANDARD COVERAGE POLICY· 1988
The l!xclus,ons from Coverage of uie CLTA Standard Coverage Policy form recites tnat the lollowing matters are expressly excluded from the
coverage ot th11 policy and the Company wall nae pay loss or damage. costs, aaomeys· tees or expanses which anse by reason ot:
1. (ill Any law. ordinance or govammantal regulation (Including but
not llm1cad to building or zoning laws, ordinances. or
,..gulaUons) resmctlng, rwgulallng·, prohibiting or relaUng to
(I) tha occupancy, use. or anjoymant of tha land: (ii) tha
character, dlmens1ona or locallon of any improvement now
or hereattar erected on tha land: (Iii>° a separation in ownership
or a change in tha dimensions or ania of tna land or any
parcel of which tne land 11 or was a part; or (Iv) environmental
protecllon, or tha efface of any violation ot these laws,
ordinances or governmental ragulatlon1, except to the exeant
that a notice of the enforcement theraof or a notJca of a dafact.
llan or ancumbranca rasultlng from a vlotatlon or alleged
violaUon affecting tne land ha■ been recorded ln the public
nicord1 ac Caca of Polley.
(b) Any govammantal police power not excluded by (a) above,
except to tha axeant thal a nollca of the axerc11• thereof or
a notice of a dafact. llan or ancumbranca resulting from a
violaUon or alleged vlolatlon atfactlng Iha land has b-n
recorded In th• public records at Cata of Polley.
2. Rights of aminant domain unless notice of the axercfsa thereof
hu bean racordad In Iha public records ac Daca of Policy, but
not excluding from covaraga any taking wnich has occurred prior
to Cata of Polley which would ba binding on tha rights of a
purchaser for value without knowladga.
3. Dalacts, llans. encumbrances. adverse claims or otner matters:
(a) whether or not recorded in tha public records at Data of Policy,
but created. suffered, assumed or agreed to by tha insured
claimant:
(bl not known to the Company, not recorded In the public records
at Data ot Polley, but known co tha insured claimant and not
dlsclosad in wntlng to tha Company by Iha insured claimant
prior to tha data the insured claimant became an insured under
this policy;
(c) resulting in no loss or damage to tna insured claimant:
(d) attaching or created subsequent ta Data of Policy; or
(a) resulllng in losa or damage which would not nava been
sustained ii tha insured claimant had paid value tor the insured
mortgage or tor tha estate or interest Insured by this policy.
4. Unanforcaability of tha llan of the insunid mortgage because
of Cha inability or tailuni of Iha insured at Date of Polley, or Cha
Inability or failure of any subsequent owner of the indebtedness,
ta comply with Iha applicable doing business laws of tha state
In which the land is sittJated. ·
5. Invalidity or unenforcaabillty of tha llan of tha Insured mortgage,
or claim thereof, which arises out of tha transaction evidenced
by tha insured mortgage and Is based upon usury or any consumer
credit protection or IJ'Uth in landing law.
Schedule a of tha CLTA Standard Covaraga Policy form recites that this policy does not insure against loss or damage (and tha Company will
not pay costs, attomays' tees or expanses) which arise by reason of:
Part I
1. Taxes or a■se1sments which ani not shown as existing liens
by Iha records of any wing authority that lavlas taxes or
asaaumants on raal property or by tha public records.
Proceedings by a public agency which may result in taxes or
auaumants, or nadcH of such procaadlng1, whether or not
1hown by tha nicorda of such agency or by Cha public records.
2. Any fac:ta, rights, intaresta or claims which are not shown by
Iha public records but which could ba ascartainad by an inspection
of tha land or which may ba assarted by parsons in possauion
thereof.
3. l!aaemants, llans or ancumbrancu, or claims thereof, which are
not shown by tha public raecrds.
4. DlscrapanclH, contllcts In boundary fines, shortage In araa,
encroachments, or any other facts which a correct survey would
discloaa, and which ara not shown by ttia public records.
5. (a) Unpatentad mining claims; (b) raaarvatlons or axcaptlons In
patents or In Acts authorizing the lsauance thereof; (c) water
rights, claims or title ta water, whether or not tha matters
excaptad under (a),(bl or (c) are shown by tha public records.
8. Any facts, rights, interests or claims which are not shown by
tha public records but which could be ascertained by making
Inquiry of tha lessors in tha lease or leases described or referred
ta In Schedule A.
7. The affect of any failure to comply with tha tarma, covenants
and conditions of tha laasa or laaaas described or referred to
In Schedule A.
ALTA OWNER'S POLICY (10·21·87)
Th• l!xclusion1 from Coverage of ttia ALTA Owner's Polley form recites that the following matters ara axprassly excluded from tha ccvarage
of this policy and tha Company will not pay 1011 or damage, costs, attcmaya' teas or axpansas which arise by reason of:
1. (a) Any law, ordlnanca or govammantal regulation (Including but not llm.ltad ta building and zoning laws, ordlnancH, or regulations) restricting,
raguladng, prohibiting or relating ta (I) tha occupancy, usa, or anjoymant of tha land; (II) tha character, dimensions or lacadon of any
Improvement now or haniattar aractad on tha land; (Ill) a separation In ownership or a change in Iha dimensions or aru of Iha land or any parcel
of wnich tha land Is or was a part: or (Iv) environmental protection, or tha affeci of any vlolatlon of these laws, ordinances or govammental
regulations, except ta the extent ttiat a nodca of tha anforcamant thaniof or a notice of a detect. llan or encumbrance resulting from a
violation or alleged violatlon affecting th• land nu b••n recorded In Cha public records at Cata of Polley .
(bl Any govammantal pollca power not excluded by (al above, axcapt to tha extent that a notlca of tha exarclsa thereof or a nodca of a dafact.
llan or ancumbranca resulting from a violation or alleged violation affecting Iha land has baen recorded In the public records at Cate of
Polley,
• 2. Rights of amlnant domain unlau notice of the axarclsa thereof has bean recorded In the public rec:ords at Date of Polley, but not excluding
from coverage any taking which has occurred has prior 10 Cate of Polley which would b• binding on Cha rights of a purchaser for value without
knowledge.
3. Cafacta, ll•n1, encumbrances, adverse claims or other matters:
(a) crHCed, suffered, assumed or agreed ta by ttia Insured claimant;
(b) not known to cna company, not recorded ln the pubUc nicords at Oare ot Polley, but known to Iha insured claimant and not disclosed
In writing ta ·Iha Company by tha insured claimant prier ta Iha data tha insured claimant became an insured under this policy;
(c) resulting In no loaa or damage to Iha lnsunid claimant:
(d) attacnlng or created subsequent to Data of Polley; or
(•> rasultlng In 1011 or damage which would not n.iva b-n sustained If tha Insured claimant had paid value tor tha astata or lntenist Insured
by tht• policy.
Principal Oftlca: 5300 Wllahlra Boulevard, P.O. Box 92792, Los Angeles. ~llfomla_ 90009
AMENDED 1170625 PAGE 16