HomeMy WebLinkAboutMP 177B; AVIARA PHASE II; Master Plan (MP)C: • • CITY OF CARLSBAD ~ ~
LAND USE REVIEW APPLICATION FORM . PAGE 1 OF 2 .
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(For Deft. (For Deft. Use On y) Use On y)
[] Master Pl an r.4.'1".~~-i l .. fnP /77(££ □ General Plan Amendment ......
□ Specific Plan ............. □ Site Development Plan .......
□ Precise Development Plan ... □ Zone Change .................
IBJ Tentative Tract Map ..•.••.• c.-r ~ 1,-sJ □ Conditional Use Permit ......
□ Planned Development Permit □ Hillside Development Permit.
□ Non-Residential Planned □ Environmental Impact Development Permit .•...... Assessment ................
□ Condominium Permit ...•.•... □ Variance ....................
□ Special Use Permit ......... □ Planned Industrial Permit ...
□ Redevelopment Permit ....... □ Coastal Development Permit ..
□ □ ..
Tentative Parcel Map ....... Planning Commission Deter ...
□ Administrative Variance ....
2) LOCATION OF PROJECT: ON THE !North I SIDE OF I Batiquitos Lagoon I
(NORTH, SOUTH, EAST, WEST} (NAME OF STREET)
BETWEEN I Poinsettia Lane I AND I Aviara Phase I I
(NAME OF STREET) (NAME OF STREET}
3) BRIEF LEGAL DESCRIPTION: j Portion of Section 22, 26,27, 28, 33 and 34
I in Township 12 South, Range 4 west, in the City Of Carlsbad
4) ASSESSOR PARCEL NO(S). I 214-170-51, ~, 15, 16, 215-050-14 I
5) LOCAL FACILITIES GJ 6) EXISTING GENERAL [ ~~:~~~~111?~ PROPOSED GENERAL I MANAGEMENT ZONE PLAN DESIGNATION LAN DESIGNATION NLA I
8) EXISTING ZONING' PC 19) PROPOSED ZONING! N/A 110) GROSS SITE I 24 7. 2 ACREAGE I
11) PROPOSED NUMBER OFI 112) PROPOSED NUMBER! j13 6 TYPE OF Master
591 9 S BDIVISION ent. Man RESIDENTIAL UNITS OF LOTS
14) NUMBER OF EXISTING RESIDENTIAL UNITS' None I (RESIDENTIAL COMMERCIAL INDUSTIRAL)
15) PROPOSED INDUSTRIAL I OFFICE/SQUARE FOOTAGE N/A I 166 PROPOSED COMMERCIAL SQ ARE FOOTAGE I N/A I
ARFMOOOS.DH 4/89
• CITY OF CARLSBAD •
LAND USE REVIEW APPLICATION FORM
17) PERCENTAGE OF PROPOSED PROJECT-IN OPEN SPACE ._I _s_1_% __ ___.l 19)
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 591 I
20) PROJECT NAME: I Aviara Phase II
PAGE 2 OF 2
PROPOSED INCREASE IN AVERAGE DAILY
TRAFFIC I 5910
21)BRIEF DESCRIPTION OF PROJECT: I Master Tentative Subdivision Map
for 7 individual single-family neighborhoods and two
circulation roadways
22) OWNER 23) APPLICANT
NAME (PRINT OR TYPE) iati!a£fmti~8 ft~~~g AME (PRINT OR TYPE) same
MAILING ADDRESS MAILING ADDRESS
2011 Palomar Airport Rd., Suite 206
CITY AND STATE · ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
Carlsbad, CA 92009 931-1190
**************************************************************************************
FOR CITY USE ONLY
FEE COMPUTATION: APPLICATION TYPE
~o.s~laV'\ A....... ~
T 12-v\ -r-o. 1 i .,~ VY-o.O
~ \
fFT
'Po..s.+ac...a_
,:;,,
FEE REQUIRED
5 cr7o. 00
I~ ooo. oo
200.00
3 '-I. oo
2-1 ~-oo
NOV 1 0 1989
CITY OF CARLSBAD
DEVELOP. PROC. SERV. DlV.
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
TOTAL FEE REQUIREDj t/37, 4/'6,. ool
DATE FEE PAioj 11-13 -?:r RECEIPT NO. I /77? (
ARFMOOOS.DH 4/89
City of
PHASE II MTM -
Carlsbad
DISCLOSURE STATEMENT
APPUCANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCATIONS
WHICH WILL REQUIRE DlSCAETJONARY ACTION ON THE PAAT OF THE CITY COUNCIL OR ANY APPOINTED
BOARD. COMMISSION OR COMMITTEE.
(Please Print)
The following information must be disclosed:
1 . Applicant
Ust the names and addresses of all persons having a finan~ial interest in the application.
Aviara Land Associates Limited Partnership
2011 Palomar Airport Road, Suite 206 --------------
Carlsbad, CA 92009
2. ONner
3.
4.
lfst the names and addresses of all persons having any ownership interest in the property involved.
Ayiara T,and Associates Limited Partnersh_i ______________ _
2011 Palomar Airport Road, Suite 206
Carlsbad, CA 92009
If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names 2
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partners
interest in the partnership.
Ayi ani Land Company
450 Newport Center Drive, Suite 304]
Newport Beach, CA 92660-7640
Republic Development Company
450 Newport Center Drive #304
Newport Beach, CA 92GG0-7n40
If any person identified pursuant to (1) or (2} above is a non-profit organization or a trust, list the names c
addresses of any person serving as officer or director of the non-profit organization or as trustee or benefic.
of the trust.
NIA
•
Disclosure Statement Page 2
s. Have you had more than $250 worth of business transacted with any member of City staff, Beare:
Commissions, Committees and Council within the past twelve months?
Yes_ No F If yes, please indicate person(s) ______________________ ,
Person is defined as: •Any individual, firm, copartnership, joint venture, associatic:m, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city
municipality, district or other political subdivision, or any other group or combination acting as a unit.•
(NOTE: Attach additional pages as necessary.)
e
D.L. Clemens ~~a~ D.L. Clemens
Print or type name of owner Print or type naij,e of applicant
• •
DISCLOSURE FORM
APPLICANT: Aviara Land Associates Limited Partnership
AGENT:
MEMBERS:
Name (individual, partn~rship, joint venture, corporation, syndication)
2011 Palomar Airport Road, Suite 206, Carlsbad, CA 92009
Business Address
619/931-1190
Telephone Number
Aviara Land Associates Limited Partnership
Name
2011 Palomar Airport Road, Suite 206, Carlsbad, CA 92009
Business Address
619/931-1190
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 development.
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 declare under penalty of perjury that the information contained in this disclosure
is true and correct and that it will remain true and correct and may be relied upon
as being true and correct until amended.
D. L. Clemens
BY
• •
BATIQUITOS DRIVE
ENVIRONMENTAL IMPACT ASSESSMENT
Prepared for:
Aviara Land Partnership
2011 Palomar Airport Road, Suite 206
Carlsbad, CA 92009
and
City of Carlsbad
Community Development Department
2075 Las Palmas Drive
Carlsbad, CA 92009
Prepared by:
Martha Wiley Environmental
1522 Granada Avenue
San Diego, CA 92102
• • CASE NO.: ____________ _
DATE:
ENVIRONMENTAL IMPACT ASSESSMENT FORM -PART I
(To be completed by APPLICANT)
Applicant: -=-A=v~ia=r=a __________ --'Co=n=t=ac=t==-P~au=l~Kl=u=k=a~s ________ _
Address of Applicant: 2011 Palomar Airport Road, Suite 206
Carlsbad CA 92009
Phone Number: ...,.(6=1=9_,__)~9~31~-=11=9~0 ____________________ _
Name, address and phone number of person to be contacted (if other than
Applicant):
GENERAL INFORMATION: (Please be specific)
Project Description: To extend Batiquitos Drive a distance of approximately 1200 feet between
the existing terminus south of Poinsettia Lane and the proposed alignment within the Aviara
Master Plan (Area 30). The street would be constructed to a 64 foot curb-to-curb width within
an 80 foot right-of-way. Grading would consist of approximately 100,600 cubic yards of fill within
a maximum width of 180 feet. The project is an off-site improvement associated with the Phase
2 Tentative Subdivision Map for the Aviara project. The construction of this segment of
Batiquitos Drive is also included in the proposed Broccato at Batiquitos Shores residential project.
Project Location/Address: The site is located within Section 28, Township 12S, Range 4W, within
the City of Carlsbad (see Figures 1 and 2, attached).
Assessor Parcel Numbers: =2_,__14..,_-....._17.,_,0"--_,__17~an=d=-=2_,__14..,_-....._l 7.,_,0"---2=1.___ _____________ _
General Plan/Zone of Subject Property: RLM/RM (Residential Low-Medium/Residential)
Medium General Plan designation: L-C (Limited Control) zone.
Local Facilities Management Zone: .... 1=9 ____________________ _
Is the site within Carlsbad's Coastal Zone: -.1-=es,,__ ________________ _
Please describe the area surrounding the site to the
North: single family residential (Spinnaker Hill)
South: vacant land: Batiquitos Lagoon
East: vacant land; Aviara Master Plan area
West: residential townhomes (Sea Cliff)
List all other applicable permits & approvals related to this project:
Aviara Master Plan: Aviara Phase 2 Subdivision Map: Hillside Development Permit: and Coastal
Permit. Broccato at Batiquitos Shores Tentative Tract Map: Hillside Development Permit: Site
Development Plan: and Rezone.
• •
(Please be specific. Attach Addit.ional Pages or Exhibits. if necessary).
1. Please describe the project site, including distinguishing natural and manmade
characteristics. Also provide precise slope analysis when a slope of 15' or higher and
15% grade or greater is present on the site.
The project site is currently vacant, with the exception of a 20-foot wide paved road
extending southward from the terminus of Batiquitos Drive. A slope analysis
conducted by O'Day Consultants is shown on Figure 3, illustrating the presence of 1.1
acres of slopes in excess of 15% within the area of• disturbance for the roadway
construction.
A biological survey of the site prepared for the Broccato at Batiquitos Shores project
(RECON, June 5, 1989) is attached. This report indicates that the existing natural
vegetation within the road right-of-way includes Baccharis scrub and Diegan coastal
sage scrub, as shown in Figure 4. The remainder of the roadway site is disturbed.
2. Please describe energy conservation measures incorporated into the design and/or
operation of the project.
Construction of the road would result in a short-term energy expenditure. Once the
project is completed, no energy would be consumed, other than from vehicles travelling
along the road.
3. PLEASE ATTACH A PROJECT SUMMARY SHEET WHICH SHOWS THE
FOLLOWING:
a. If a residential project, identify the number of units, type of units, schedule of
unit sizes, range of sale prices or rents, and type of household size expected,
average daily traffic generation (latest SANDAG rates).
NIA
b. If a commercial project, indicate the exact type, activity(ies), 8quare footage of
sales area, average daily traffic generation (latest SANDAG rates), parking
provided, and loading facilities.
NIA
c. If an industrial project, indicate the exact type or industry(ies), average daily
traffic generation (latest SANDAG rates), estimated employment per shift, time
of shifts, and loading facilities.
NIA
d. If an institutional project, indicate the major project/site function, estimated
employment per shift, estimated occupancy, loading facilities, and community
benefits to be derived from the project.
NIA
• I. ENVIRONMENT AL IMPACT ANALYSIS
Please answer each of the following questions by placing a check in the appropriate space. Then,
fully discuss and explain why each item was checked yes or no. Provide supporting data if
applicable. Attach additional sheets as necessary.
1) Could the project significantly impact or change present or future land uses in the
vicinity of the activity?
No. The project would replace currently vacant land with a roadway to serve already
approved residential uses within the Aviara Master Plan area.
2) Could the activity affect the use of a recreational area, or area of aesthetic value?
Yes. The project could eliminate existing pedestrian access to the north shore of
Batiquitos Lagoon. In order to mitigate this impact, the following measure has been
incorporated into the project.
o The applicant shall provide paved pedestrian access between Batiquitos Drive
and the lagoon.
3) Could the activity affect the functioning of an established community or
neighborhood?
No. The existing adjacent residential communities (Spinnaker Hills and Sea Cliff)
would not be affected.
4) Could the activity result in the displacement of community residents?
No. The site is not used for residential purposes.
5) Could the activity increase the number of low and moderate cost housing units in the
city?
No. The project does not propose the construction of residential units.
6) Could the activity significantly affect existing housing or create a demand for
additional housing?
No. The construction of the roadway is intended to provide access to the approved
Aviara Master Plan area. No existing housing would be affected.
7) Are any of the natural or man-made features in the activity area unique, that is, not
found in other parts of the county, state or nation?
No. The project site is within the watershed of Batiquitos Lagoon, but does not in
itself include any unique natural or man-made features.
8) Could the activity significantly affect an historical or archaeological site or its settings?
No. A cultural resources survey of the Savage property conducted in 1978 by
RECON determined that no archaeological or historical resources were identified
within the area proposed for disturbance by the roadway. A shell scatter was found
• • close to Batiquitos Lagoon, but this would not be disturbed by the construction of the
road. A copy of the letter summarizing the results of the RECON survey is attached.
9) Could the activity significantly affect the potential use, extraction, or conservation of
a scarce natural resource?
No. No scarce natural resources exist within the area of disturbance associated with
the proposed roadway.
10) Could the activity significantly affect fish, wildlife or plant resources?
Yes. As shown on Figure 4, the project would involve the removal of 1.3 acres of
Diegan coastal sage scrub, which is considered to be a sensitive plant community,
according to the biological study conducted by RECON ( attached). The Diegan
coastal sage scrub provides habitat for the California gnatcatcher (Polioptila
californica ), which is a candidate for listing on the federal Endange:red Species List
and is a California Department of Fish and Game (CDFG) Species of Special
Concern. Several gnatcatchers were sighted within the immediate vicinity of the
proposed road during the RECON biological survey. Loss of Diegan coastal sage
scrub would therefore be a significant impact of the project.
In addition to the direct loss of 1.3 acres of Diegan coastal sage scrub habitat
associated with the construction of the road, the project would isolate a portion of
the coastal sage scrub from the large area of scrub habitat to the south. This would
reduce the biological value of the isolated habitat.
Two sensitive plant species, ashy spike-moss (Selaginella cinerascens) and western
dichondra (Dichondra occidentalis), exist in the vicinity of the proposed roadway.
These plants are listed by the California Native Plant Society as being of limited
distribution but their susceptibility· to threat appears low at this time. The western
dichondra is recognized by the federal government but is considered to be too
widespread to be listed as threatened or endangered. Loss of these· two sensitive
plants on-site was not considere~ to be significant by the RECON report.
Several species of sensitive wildlife were observed by RECON biologists to be within
the project site vicinity. Cooper's hawk, which is considered a species of Special
Concern by the CDFG, was seen flying over the project site, but it is not expected
to nest in the vegetation available on the site, and therefore would not be significantly
affected by the road construction. Two sensitive reptile species, the orange-throated
whiptail (Cnemidophorus hyperythrus) and the San Diego horned lizard (Phyrnosoma
coronatum blainvillei), occur in the vicinity of the road construction. Both reptiles
are candidate species for listing by the federal government and both are considered
special animals by the California Natural Diversity Data Base. They are also
recognized by the International Union for Conservation of Nature (IUCN) as being
depleted, and are considered sensitive by the San Deigo Herpetological Society. The
impacts to these sensitive wildlife species from development of the Broccato project
were not found to be significant by the RECON study, and since the impacts
associated with construction of Batiquitos Drive would be of less magnitude than the
larger residential project, the impacts from the road construction would not be
significant.
The Mello II segment of Carlsbad's Local Coastal Program prohibits the development
of slopes over 25 percent that contain sensitive vegetation such as coastal sage scrub.
• Approximately 0.6 acres of the on-site coastal sage scrub occurs on slopes greater than
25 percent. However, encroachment on slopes for the grading of Batiquitos Drive
is exempt from Mello II requirements as part of the City's Circulation Element.
As discussed above, the construction of Batiquitos Drive was evaluated as part of a
larger residential project known as Broccato at Batiquitos Shores. The Draft EIR for
this larger project, (Cotton Beland Associates, Inc., 1990, on file with the City),
concluded that the significant biological impacts associated with the Broccato project
would be mitigated by implementation of specific measures. The Batiquitos Drive
project would incorporate those measures which are associated with the construction
of the road. These include:
o The limits of disturbance resulting from construction of Batiquitos Drive shall
be identified on the construction plans and flagged in the field by a qualified
biologist. The City of Carlsbad shall make periodic inspections to ensure that
disturbance outside these areas does not occur. In particular, areas of Diegan
coastal sage scrub outside the limits shall not be disturbed.
o The manufactured slopes resulting from road construction shall be revegetated
with Diegan coastal sage scrub species. Landscaping and maintenance and
monitoring plans shall be submitted to the City Planning Director for approval
prior to issuance of the grading permit.
o Landscaping plans shall indicate erosion control plantings where necessary to
provide immediate erosion control until Diegan coastal sage scrub species are
sufficiently established to provide satisfactory control of erosion.
o A qualified biologist, acceptable to the City Planning Director, shall be
retained to supervise and monitor biological mitigation during construction.
o The consulting biologist shall attend at least one meeting with the general
construction contractor prior to any development, or grading or clearing
operations, to become acquainted with the construction schedule and to
familiarize the contractor with the required biological mitigation measures.
o The consulting biologist shall monitor grading in the field to assure that no
disturbance occurs outside the designated limits. He or she shall be
empowered to temporarily halt, divert or redirect construction activity to
ensure that impacts to biological resources are minimized.
o The landscaping plan shall be implemented in consultation with a qualified
biologist experienced in native plant habitat restoration. The biologist shall
supervise revegetation according to the specifications of the landscaping plan.
Any biological resource areas inadvertently or accidentally disturbed shall be
subject to restoration to the satisfaction of the City of Carlsbad.
o Upon completion of the project construction, the consulting biologist shall file
a report with the City Planning Director, detailing the compliance of the
project with biological mitigation measures.
o Following construction, the project applicant shall provide for the maintenance
and monitoring of the landscaped areas for a period of five years.
Specifications of the monitoring program shall be detailed in the maintenance
• and monitoring plan. Maintenance and monitoring of vegetation planted as
part of the Batiquitos Drive project shall be incorporated into the Broccato
project or other development of the adjacent property. Maintenance and
monitoring shall cease to be the responsibility of the Batiquitos Drive
developer when grading, clearing or other activities resulting in ground or
vegetation disturbance are initiated by the developer of the adjacent property.
o Grading on the site shall be permitted only between June 1 and October 1 in
order to avoid grading during the breeding season of the California
gnatcatcher (March 1 to June 1) and the rainy season (October 1 to April 1).
In addition to the measures specified by the Broccato project, the following measures
will apply.
o If the Broccato project ( or other development of the adjacent property) is
implemented (when grading, clearing or other activities resulting in ground or
vegetation disturbance are initiated) within two years of the completion of
construction for Batiquitos Drive, the Diegan coastal sage scrub habitat
created by the Batiquitos Drive project shall not be considered to be natural
on-site habitat, and mitigation for its loss or disturbance shall not be required.
If development of the adjacent property is not initiated within the two year
period, the habitat developed by the Batiquitos Drive project shall be
considered natural on-site habitat and mitigation for its loss or disturbance
shall be required.
o In all cases, if the Broccato project is implemented prior to the Batiquitos
Drive construction, the mitigation measures incorporated into Broccato will
take precedence over the measures described above.
11) Are there any rare or endangered plant or animal species in the activity area?
Tu. See response to #10, above.
12) Could the activity change existing features of any of the city's streams, lagoons, bays,
tidelands or beaches?
No. Disturbance to Batiquitos Lagoon would not occur as a result of implementation
of the project. ·
13) Could the activity result in the erosion or elimination of agricultural lands?
No. No agricultural activities are currently occuring within the project site.
14) Could the activity serve to encourage development of presently undeveloped areas
or intensify development of already developed areas?
.NQ. The construction of Batiquitos Drive is necessary to provide adequate traffic
circulation for this portion of the City of Carlsbad. It is in accordance with the City's
Circulation Element and Local Facilities Management Plan for Zone 19. The Aviara
Master Plan, off-site to the east, has already been approved. The Broccato at
Batiquitos Shores project, incorporating Batiquitos Drive, has been proposed. No
intensification of these developments would occur as a result of the construction of
Batiquitos Drive.
•
15) Will the activity require a variance from established environmental standards ( air,
. )? water, nmse, etc ..
No. The construction of Batiquitos Drive is m conformance with established
environmental standards.
16) Is the activity carried out as part of a larger project or series of projects?
Yes. The Aviara Master Plan project was approved assuming the construction of this
segment of Batiquitos Drive. The roadway improvement is considered an off-site
requirement of Phase 2 of the Aviara Master Plan.
17) Will the activity require certification, authorization or issuance of a permit by any
local, state or federal environmental control agency?
Yes. The roadway construction will be included in the application for Coastal
Commission permit required for Phase 2 of the Aviara Master Plan.
18) Will the activity require issuance of a variance or conditional use permit by the City?
19) Will the activity involve the application, use, or disposal of potentially hazardous
materials?
No.
20) Will the activity involve construction of facilities in a flood plain?
No. The 100-year flood plain for Batiquitos Lagoon follows the +6 foot above mean
sea level contour in the vicinity of the project, according to the Broccato at Batiquitos
Shores EIR, on file with the City. Elevations at the Batiquitos Drive right-of-way
range from 42 feet to 144 feet above mean sea level.
21) Will the activity involve construction of facilities in the area of an active fault?
No. The closest known active fault to the project site is the Coronado Banks fault,
located 23 miles to the west of the project site, according to the San Diego Soils &
Engineering report prepared for the Broccato at Batiquitos Shores project, on file
with the City.
22) Could the activity result in the generation of significant amounts of dust?
Yes. Dust would be generated during grading and construction of Batiquitos Drive.
This is a short-term impact which would be eliminated after construction is completed.
The following measure would be incorporated into the project.
o Grading plans shall include a note indicating that the general contractor is
responsible for minimizing dust during construction by whatever means he or
she deems appropriate.
• •
23) Will the activity involve the burning of brush, trees or other materials?
,NQ. No vegetation or other materials will be burned. Vegetation c:leared from the
site will be hauled to a designated disposal site.
24) 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, groundwater, off-shore.)
Tu. At the present time, surface water drains toward Batlquitos Lagoon,
approximately 1700 feet south of the site. Construction of a road would replace the
natural vegetated dirt surface with impermeable pavement, and a slight increase in
runoff would result. Batiquitos Drive has been designed to include storm drains sized
to transmit a 100-year storm event. Flow would be directed to street drains which
would connect to the existing drainage culvert along the existing paved road south of
Batiquitos Drive alignment, and runoff would be issued directly to the lagoon, as
currently occurs.
The potential for sediments exposed during construction of the road to be washed into
the lagoon is slight, given the approximately 1700 foot distance between Batiquitos
Drive and the lagoon edge. Nevertheless, the potential for an incremental effect on
the water quality of the lagoon does exist.
The Broccato at Batiquitos Shores Draft EIR ( on file with the City) includes a range
of mitigation measures to mitigate geological, drainage and hydrology impacts. Those
which apply to construction of Batiquitos Drive are listed below. These measures
would be incorporated into the roadway construction project.
o The applicant shall present ,geotechnical and/or soils reports specific to the
construction of Batiquitos Drive to the City Engineer as part of the application
process for grading permits.
o Whatever measures are deemed necessary by the geotechnical engineer shall
be incorporated into the project grading plans.
o The treatment and compaction of fill shall be accomplished as directed by the
geotechnical engineer.
o The preliminary grading plans shall be reviewed by a geotechnical engineer.
o The developer shall adhere to the requirements of the City Grading
Ordinance.
o Grading shall occur between June i and October 1 to minimize potential
erosion during the rainy season, and to avoid disruption of the breeding season
of the gnatcatcher.
o The contractor shall implement drainage control measures during construction
to prevent off-site erosion to the satisfaction of the City Engineer.
o As soon as manufactured slopes are completed, all fill slopes shall be stablized
according to the landscape plan.
• o The applicant shall maintain the plantings and erosion control devices until
initiation of grading or vegetation clearing activities associated with Broccato
or other development of the adjacent property, at which time the developer
of the adjacent property would assume responsibility for erosion control.
o Eroded slopes shall be repaired as directed by the City Engineer.
25) Will the project substantially increase fuel consumption ( electricity, oil, natural gas,
etc.)?
No. The project would involve the use of fuels during construction. This is
considered a short-term impact, which would be eliminated when construction is
completed.
26) Will the activity involve construction of facilities on a slope of 25 percent or greater?
Yes. Figure 3 shows· the areas of 25% slope which would be affected by the project,
according to a slope analysis prepared by O'Day Engineering for the Broccato at
Batiquitos Shore project, on file with the City. Approximately 0. 7 acres of slopes
greater than 25% would be removed. However, construction of Batiquitos Drive is
required by the Local Facilities Management Plan for Zone 19 and the Circulation
Element of the General Plan, and is therefore exempt from the Mello II segment of
Carlsbad's Local Coastal Program.
27) Will there be a significant change to existing landform?
Yes. A substantial amount of filling would be required to bring the roadway up to
elevation suitable to match the proposed grade of the Aviara project to the east.
However, no alternative exists to provide this required circulation link without such
grading.
(a) Indicate estimated grading to be done:
Approximately 100,600 cubic yards
(b) Percentage of alteration to the present landform:
100%
(c) Maximum height of cut or fill slopes:
Maximum height of fill slopes would be 35 feet: no cut slopes are proposed.
28) Will the activity result in substantial increases in the use of utilities, sewers, drains or
streets?
No. The project proposes to construct a street segment to connect existing Batiquitos
Drive with the future Batiquitos Drive in the Aviara Master Plan community. The
increases associated with the Aviara Master Plan area have been evaluated in previous
environmental documentation (Pacific Rim Country Club and Resort Final
Environmental Impact Report, August 1986, prepared for the City of Carlsbad by
Westec Services, Inc.). No additional increases would result from the construction
of the road segment.
• •
29) Will the project significantly increase wind or water erosion of soils?
Yes. The project could increase soil erosion. Please see # 24, above.
30) Could the proje~t significantly affect existing fish or wildlife habitat?
Yes. See # 10, above.
31) Will the project significantly produce new light or glare?
No. The project would include the construction of street lights per City Ordinances.
These would not produce significant amounts of light or glare.
• II. STATEMENT OF NON-SIGNIFICANT ENVIRONMENTAL EFFECTS
If you have answered yes to any of the questions in Section I but think the activity will have no
significant environmental effects, indicate your reasons below:
III.
"Yes" answers have been given to questions# 2, 10, 11, 16, 17, 22, 24,
26, 27, 29 and 30, with description and analysis, above. There is a
potential for significant effects, as discussed above. However, the
measures listed above in response to each question would mitigate any
impacts to a level that is less than significant.
The proposed road construction is a required off-site improvement for
Phase 2 of the Aviara Master Plan. It is included in the Local
Facilities Management Plan for Zone 19, and is designated in the
City's Circulation Element. Furthermore, the road segment has been
planned as part of the Aviara Master Plan as well as the proposed
Broccato at Batiquitos Shores project.
COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN
SECTION I.
Attachments include:
Figure 1:
Figure 2:
Figure-3:
Figure 4:
RegionalNicinity Map
Location Map
Slope Map
Biological Communities
1) RECON, 1989. Biological Technical Report for the Broccato at Batiquitos
Shores Development. Report Number R-1951. Prepared for· Odmark and
Thelan and Davidson Communities, June 5.
2) RECON, 1978. Letter to Mr. Stewart C. Woodard, WLK Development
Company from Charles S. Bull and Ricardo Villasenor, Jr., including field
notes. Subject: Archaeology and Botany, Savage Property, Job Number 6773.
August 31.
Signature /h tU&i.a_0vt;~
(Person Compting Report)
Date Signed -W-l(A,l..f__~~5-1-(-I_CZ~<t_o __________ _
Oceanside
0
, __ '--l
l.fliverside c.2,unty
Encinitas
N
5
San Diego Cou-n'"".t-y--.'-----------
(78)
San Marcos •
arlsbad
ROJECT
LOCATION
• Poway
California_
U ·ted States ------B-a-·1a-c=-~1ttornia
f)I ----
10
lll-___ --Me)(.ico
SCALE IN MILE.S
Figure 1. Regional/Vicinity Map
Figure 2.
SOURCE: U.S.G.S~ 7 .5 minute Topo map
Encinitas, CA. Quadrangle
Location Map·
0 2700
llllllllllfl/lllilllliilllilili
Scale In Feet
N
~ ROAD CUT & FILL
D 0%-15% (3.45 acres)
D 15%-25% (0.4 acres)
EJ 25%-40% (0.3 acres)
E2J > 40% (0.4 acres)
0 200 400 Feet
Figure 3. Slope Map
'V 'V 'V
'V 'V 'V
'V 'V
'V 'V
N 'V 'V
'V 'V
'V 'V
'V 'V
(J 'V 'V
'V 'V
'V
~ ROAD CUT & FILL 'V 'V 'V
~ -SOUTHERN MIXED CHAPARRAL ( < 0.1 acre)
I"'"' "'I DIEGAN COASTAL SAGE SCRUB (1.3 acres)
CJ BACCHARIS SCRUB (0.7 acres) .
MULE FAT SCRUB (.'I acres)
D DISTURBED (2.35 acres)
0 200 400 Feet
Figure 4. Biological Communities
r l!I
r I
r I
f f
f' -.
i r
I
I
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I-I \
i I I
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i
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'\.... .. :;:
• •
BIOLOGICAL TECHNICAL REPORT
FORTIIE
BROCCATOAT
BATIQUITOS SHORES DEVELOPMENT
Prepared for
ODMARK AND THELAN
AND
DAVIDSON COMMUNITIES
3200 FOURTH AVENUE. SUITE 101
SAN DIEGO, CALIFORNIA 92103
t]~-J-
BOBBIE A. STEPHENSON
CERTIHED ECOLOGIST, E.S.A.
RECaJN
Regional Environmental Consultants
1279 ~ Bou...,,,_ s.n o,ego. CA 921,0.31515 27$-3n2
RECON NUMBER R-1951
JUNE 5, 1989
• •
I. INfRODUCITON
The study area consisted of 40.9 acres in San Diego Countv (Figures 1 and 2)
located on mostly undeveloped land just east of Interstate 5 '(I-5) and adjacent
to the north shore of Batiquitos Lagoon.
This report gives the results of a spring survey of the project area and
identifies existing and potentially occurring sensitive plant and wildlife.
species on the property. The extent of wetlands on the property were determined
by using the U.S. Army Corps of Engineers (USACE) wetfands delineation methods.
Wetland impacts and mitigations will be determined in coordination with the
USACE. This report discusses only biological issues other than wetland issues;
wetland issues will be discussed in a _separate report. Recommendations to
minimize impacts to existing biological resources are discussed.
II. SURVEY METIIODS
The site was visited on April 11, 1989 for veget~tion mapping and April 12,
1989 from 9 a.m. to 3 p.m. and April 181 1989 from 9 a.m. to 2 p.m. for biolog-
ical resource surveys.
During field visits, vegetation was mapped onto 1 inch = 60 feet scale maps.
Field surveys also included documentation of all plant and· wildlife species
observed, and included a search for plant communities and plant and animal
species listed by the state or federal governments or considered sensitive by
the California· Native Plant Society (Smith and Berg, 1988), the California
Natural Diversity Data Base (California Department of Fish and Game [CDFG]), and
. other organizations or specialists.
Nomenclature for plant species follows Munz (1974) and for natural plant
communities, Holland ( 1986). Zoological nomenclature for birds follows the
American Ornithologists' Union Checklist (1957, 1973, 1982); for mammals, Jones
et al. (1982); and for amphibians and reptiles, Jennings (1983). Assessments
of the sensitivity of species and habitats are based primarily on Tate (1986),
Everett (1979), Remsen (1979), County of San Diego (1979), Smith and Berg
(1988), State of California (1986a, 1986b), and Holland (1986).
m. PHYSIOGRAPHY
The property consists of steep slopes along the east and west boundaries of
the site, with a narrow valley opening to Batiquitos Lagoon running between the
slopes. A road runs along the bottom of the valley, and drainage through the
valley has been culverted. The northern boundary consists of manufactured and
natural slopes facing south. The southern boundary of the sit<: is along the
shore of the lagoon.
Elevations range from approximately 5 feet mean sea level (MSL) at the
southern boundary at the shoreline up to 90 feet MSL on the west boundary, and
120 feet MSL at the highest points on the north and cast boundaries.
r
r (
I-··-r--.r•-,..,-!"'--• t•-r------~ij Jt!U-. .. IIW4llllllllll'I . __ -~~ -~$~ __ 111,,..._ ____ _ _ _,_ ~---1 r..--i r--,--1 ,---·-1 r-· ----~ ,---1 .-~ . -1 ,-, _. I _ I I
'
(~~~---~-----.,..-------------/"'(''·. -----. ·---. I I I I ,, j--~~----~-----~---------
.... "i._ __ L I RIVERSIDE COUNTY
,() ..,
(I
,(\ ,,
(\
0
Cl
(t'I ..,
-z.
• fallbrook
~-_,: _--J ......
I --L I C -----t-J.A I.
• Borrego
----------
Ocol11lo Wells
...J < ·oc w n. ~
FIGURE 1. THE LOCATION OF THE PROPOSED PROJECT RELATIVE TO THE COUNTY OF SAN DIEGO.
. . ···-··-------------RFr.mN--....
-~-
:', ,
-
-
t
.._-----------------~:=:=:=:=:==========.=.=.=.-:~~~~-:.-:.-= PECrDN __j__
FIGURE 2. PROJECT LOCATION ON U.S.G.S. 7.5 MINUTE TOPOGRAPHIC MAP,
ENCINITAS QUADRANGLE
~
{
l 1.
i l
l_ ...... -...
I c-·. l r·
LT
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IV. RESULTS
A. VEGETATION
Approximately 13 acres of the property are covered in native vegetation.
Extremely steep slopes along the east and west boundaries of the property
support native vegetation, but the shallower slopes of the valley have been
disturbed and now support shrubs and non-native grass and weed species. Wetland
plant communities exist in the flat areas in the southwest corner of the site.
A low hill in the southwest comer of the site support a grove of eucalyptus
trees.
Plant community types present on the site are shown on Figure 3.
Natural plant communities total 13.0 acres and include Diegan coastal sa~e scrub
(8.6 acres), southern mixed chaparral (0.8 acre), mulefat scrub (0.0L acre),
baccharis scrub (0.8 acre), freshwater marsh (0.5 acre), and southern coastal
salt marsh (2.3 acres). Plant species that were observed on the site are listed
in Table 1.
The Diegan coastal sage scrub occurs on all the slopes of the property.
On the east-facing slope along the west side of the property, the vegetation is
somewhat protected from desiccation and consists of lush growth of Diegan
coastal sage scrub and southern mixed chaparral ( occurring as patches amid the
coastal sage scrub). On this east-facing slope, the coastal sage scrub is
dominated by coastal sagebrush (Anemisia californica), black sage (Salvia
mellifera), red-bush monkey-flower (Mimulus puniceus), California encelia
(Encelia californica), and flat-top buckwheat (Eriogonum fasciculatum) with
scattered larger shrubs of bladderpod (lsomeris arborea), lemonadeberry (Rhus
integrifolia), and laurel-leaf sumac (Rhus laurina).
The southern mixed chaparral on the east-facing slope is a mixture of
large shrub species including scrub oak (Quercus dumosa), toyon (Heteromeles
arbutifolia ), and chamise (Adenostoma fasciculatum ).
On the west-facing slopes, the Diegan coastal sage scrub reflects the
more dry, harsh environment, The scrub is dominated by coastal sagebrush,
California encelia, and flat-top buckwheat with fewer of the larger shrub
species. Areas of sparse sage scrub, supporting various cactus species, occur
on the ridgetops and slopes along this side of the property. Cactus species
include coast cholla (Opuntia prolifera), shore cactus (Opuntia littoralis
var. littoralis), and fish-hook cactus (Mammillaria dioica) as well as some
escaped non-native species.
The mulefat scrub is an early seral community type consisting of tall
herbaceous riparian scrub species dominated on this site by mulefat (Baccharis
glutinosa). The mulefat scrub is confined to a narrow drainage along the east
side of the road. This drainage carries local runoff to Batiquitos Lagoon.
Baccharis scrub on the property is dominated by two species, coyote
bush (Baccharis pilularis ssp. consanguinea) and chaparral broom (Baccharis
sarothroides). These baccharis scrub areas have been invaded by the two native
bacchari~ shrub species after disturbance to the original native plant
commumty.
,--••••--r---•o<• ,...,M-· I"'"""'' .. • r"'""-------•-! r-t -1 -1 · ~-··· I ···-1 -" f ------1···-.._)il,liil«MII! -~----1
,.-,;,,,
; .. ~
Scientific Name
Adenostoma fasciculatum It & A.
Ambrosia psi/ostachy11 var. califomica (Rydh.) Olake
Amsinckia intem1edia F. & M.
A11agallis arvL'tl.\is L.
Api11111 grt1v£•0/e11s L.
Artemisia califomica Less. -Anmclo dmwx L.
Atriph•x s£'mibaccata R.nr.
AvMaji11t1a L.
/lac<·haris glutinosa Pers.
Jlaccharis pi/11/aris ssp. consanguim.•a (DC) C.0. Wolf
llmm11s dia11drus Roth.
llrom11s mo/lis L
llromus mbms L
Calyst,·gia macrostegia ssp. arida (Greene) Brum
Camisscmit1 bistmta (Nutt. ex T. & G.) Raven
Ca111issv11it1 mlijcJrnim
Carpobrotus ed11/is (L.) Bolus.
Centa11rea melitensis L.
Cl1C·1101wdi11m album
Chorizanthe proc11mbms Nutt. var. procumbeis
Chorizanthe staticoides Benth. ssp. staticoides
Coni11m 111C1c11/11111m
Conyza rnnatl£'11si.\· (L.) Crong.
Cot11/t1 coronopifolia L.
Cresla tmxi/1£-nsis I IUK var. i•al/ico/a (Heller) Munz
Cryplllntha sp.
C11rnr/Jita fvetidissima If BK
Cmrnta ca/ifomica 11. & A.
Cy11otfo11 ,lactylon (L.) Pers.
.,~ .... l . ', ··. (:,-.\::
TABLE 1
VASCULAR PLANT LIST
FOlt Tl IE SAVAGE PROPERTY
Common Name
Chamise
Western rai,rwecd
Yellow fiddlcncck
Scarlet pimpernel
Celery
Coastal sagebrush
Giant reed
Australian salthush
Wild oats
Mule fat
Coyote hush
Ripgut grass
Smooth hromc
Red bromc
Chaparral morning glory
California sun-cup
raise mustard
l lotlcntot fig
Tocolote
Lamh's-t1uartcrs
Prostrate chorizanthe
Turkish rugging
Poison hemlock
I lorscwccd
Brass buttons
Alkali weed
Calahrazilla
California dodder
Ucrmudagrass
. ~ -~tMb\ ~~1 --~ ----"'-"j -1'1,'
. , .. ,,
, I
Habitat Status
CS/CMC N --O/CS/CMC/C N
G/0 N
O/G I
M/RW I
cs N
0 I
O/U/G I
G/CS/CMC I
RW /M/CS/CMC N
CD/CS N
O/O/CS/CMC I
O/O/CS I
G/O/CS/CMC I
CS/CMC N
CS/MC N
CS/CMC N • O/CD/CS I
O/U I
O/U I
CS/CMC N
CS/CMC N
0 I
u N
M/SM/C I
SM/Cl)/M/C/U N
N
CD/CS/O/C N
CS/CMC/C N
O/M I
,...... .. ,r .. ·,
1: . \· ....
Datura meteloi,tes A. DC
Scientific Name
Diche/ostemma pttlche/la (Salish.) Heller
Distich/i.f lJJicata (L.) Greene var. lpicata
Dmflt.'}'tl et/11/is (Nutt.) Moran
Dmtleya pulvent/enta (Nutt.) Britt. & Rose
Encelit1 califomica Nutt.
Eriogonum fascirnlatum Benth. ssp. fascirnlatttm
Eriophyllttm conj't.•rtijlomm (DC) Gray var. confi.•rtijlomm
Erodium botrys (Cav.).Bertol.
Erodittm cirntari,1111 (L.) L Her.
Eucalypllls s1111.
Euphorbia polycarpa var. polycarpa Benth.
Feslllca mt.•galura Nutt.
Foeniculum v11lgare Mill.
Ga/ium angmtij,,/ium Nutt.
G,,sou/ crystallinttm (L.) Rotm.
Gasoul nodijlonm1 (L.) Rotm.
Jlap/opapptts sq11arrosus ssp. grinde/ioitles (DC) Keck
llapl"papptt.~ vt.•m·tus (HBK)
Jh'clypnois crelicc, (L.) Willd.
JIL'liotropium cttrassai•icum L var. ocu/a111m (Heller) Jtn.
Jleteromelt.•s arbutifolia M. Roem.
I lett.•rotht.•ca gmmlijlo_m Nutt.
J lortlcum jubillttm L.
Jsomcris arborL'a Nutt.
LtJtus scoparius (Nutt. in T. & G.) Ottley
l.ydum californicum Nutt.
~! ~ . '-~·
TAHU! 1
VASCUI..All Pl.ANT u~,·
FOil 11.IESAVAGE PROPERTY
(continued)
Common Name
Jrmson weed
Wild hyacinth
Saltgrass
Lady fingers
Chalk lettuce
Coast encetia
Flat-top buckwheat
Golden yarrow
Pin-clover
White-stemmed filaree ·
Eucalyptus
Fairy mats
Foxtail fescue
Sweet fennel
Narrow-leaf bedstraw
Ice plant
Little ice plant
Sawtooth goldenbush
lsocoma
I lcdypnois
Chinese pusley
Toyon
Telegrnph weed
Foxtail
Bla<ldcrpod
Dccrwced
Malacmh,11mms fascimlatus (Nutt.) Greene var.fascic11/t1111s
Me1fra pt1rvijlora L.
California box-thorn
Bush m.illow
Cheesewced
Habitat
CS/CMC/G/C
CS/CMC/G/FW
CD/SM
CS/CMC
CS/CMC
CS/CMC
cs
CS/CMC
G/O/U
O/U/G
0
CS/CMC
G/CS/CMC/C
O/G
CS/CMC/U/C
CD/CS
CS/CD
CS/CMC
cs
G/O/CS
O/U
CMC
O/CS/CMC
O/G/U
CS/CD
CD/CS/CMC/O
cs
CS/CMC
O/U
..-·"\
. )
Status
N
N
N
N
N
N
N
N
l
I
I
N
N
I
N
I
I
N
N
I
N
N
N
N
N
N
N
N
I
•
,.
-:---r----r, ....,---.---rw· ;r .r-f ~ __. --. ~-_._..... _ __, ,...--, _ _, ~-, _ _,
i. ··-·· -·----r·--·· .....1·------r-__ j ,--L-. --1 ...
/~.:·:
Scientific Name
Mammillaria dioica K. Bdg.
Mamh macrocarpus (Greene) Greene
Mdi/otus indicus (L) All. ·
Mimul11s puniccus (Nutt.) Steud.
Mirabilis califomica Gray
Nicotiana gla11ca Grah.
Op11ntia liltoralis var. littoralis (Engelm.) Ckll.
Op11ntia prolijcra Engclm.
Pmnisct11m sctace11m (f'orsk.) Chiov.
Phacelia distans Benth.
Polypogon mompeliensis (L) Desf.
Qm•rc11s dumosa Nutt.
Raphan11s sativus L.
RJ111s itllegrifolia Nutt.
Rhtts /aurina Nutt. in T. & G.
Runu·x crfapus L.
Salicornia 1:irginica L.
Salix /asio/epis Benth. var. lasiolepis
Sa/sofa iberica Sennen & Pau.
Salvia mdlifaa Greene
Samburns mexica11a Prest.
Scrophularia califomica var.Jloribunda Greene
SdaginL'lla cinerasccns A. A. Eat.
,%}'mbrium irio L.
Snlan11m douglalii Dunal.
Sonchm nlcran•tts L.
Spergularia marina (L.) Oriseb.
Stipa p11/chr11 I Hrchc.
Tamarir: sp.
r-. r-__ ...,..-.. .!'---!Mll=ia• ~--
n , ..
•. ;:;:/
TABLE 1
VASCULAR PLANT usr
FOR Tl m SAVAGE PROPERTY
(continued)
Common Name
Fishhook cactus
Wild cucumber
Yellow sweet-clover
Red bush monkcy-tlower
Wishbone bush
Tree tobacco
Shore cactus
Coast cholla
Fountain grass
Wild-heliotrope
Rabbitfoot grass
Scrub oak
Wild radish
Lcmonadeberry
Laurel sumac
Curly dock
Picldewced
Arroyo willow
Russian thistle
Black sage
Elderberry
California bee-plant
Pygmy spikcmoss
London-rocket
Douglas nightshade
Common sowthisllc
Salt marsh sand spurrey
Nodding stipa
Tamarisk
'"'~ -~ __ bll~loililj __ , __ IIIUIW\ . _ _1•'111-, l>i:-•1 ·
,---:---)
Habitat Status
cs N • CS/CMC/FW N
0/G/U I
CS/CMC N
CS/CMC/FW N
O/M I
cs N
cs N
O/M/CS/CMC I
U/C N
M/0/G/CS/CMC I
CMC/MC N
0/G/CS/CMC/U I
CS/CMC N
CS/CMC/C N
M/RW/CS/CMC/0 I • SM/CD N
CS/C/M/RW N
O/U I
CS/CMC N
CS/CMC/FW N
CS/CMC/M/C N
CS/CMC 1-2-t
0/C I
Cl)/CS/CMC/C N
0 I
SM/CD N
CS/CMC N
M I
,r-::'.,·1
: . ..,:~_.}
Typha domin.c:ensis
Urtica holost•ricea :Nutt.
Urtica 1,rens L
Scientific Name ·
X,mthium stmmarium var. canatlense (Mill.) T. & G.
Yucca schitligera Roezl ex Ortgies
l-lABITATS
' CD = Coastal strand. coastal dunes
CF = Coniferous forest
0"· ._ .. ··:•·· ~.:_::I
TARI.El
VASCULAlt PLANT UST
FOR 11 IE SAVAGE PROPERTY
( continued)
Tule cattail
Nertie
Dwarf nettle
Cocklebur·
Mohave yucca
Common Name
OTHER TERMS
C = Cistmontane
Habitat
FM
M/CS/CMC/0/C
0/M
M/0/U
CS/CMC
U = Ubiquitous/cosmopolitan
CS = Coastal sage scrub. inland sage scrub . N = Native to locality
CMC = Coastal mixed chaparral. mixed chaparral. chamise chaparral
DD = Desert dunes
G = Grasslands. pasturelands, etc.
FM = Freshwater marsh
FW = Foothill woodland
JSS = Inland sage scrub
M = Mesic areas and wetlands
0 = Open places. waste places. roadsides~ burns, etc.
RW = Riparian woodlands
SUS = Sonoran l)e$Crt scrub
SM = Saltwater marsh
VP = Vernal pools
YPF = Yellow pine forest
r-~-r---n -r-·""111 iii"
I = Introduced species from outside locality
1-2-3 = Rare species CNPS code
/~")
.'.
Status
N
N
I
N
N
.}
•
. --, .. --,
r 3 !
,r-~ I !
I :!
:
~
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r
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•
A mound supporting eucalyptus (Eucalyptus sp.), about 0.5 acre, was
present near the southwest corner of the site. Eucalyptus are non-native trees
that thrive in the Mediterranean climate of San Diego County.
Wetlands consisting of freshwater marsh and saltmarsh occur at the
southwest corner of the site and along the edge of the -lagoon. Freshwater marsh
is dominated by tule cattail (Typha domingensis) associated with groundwater
emerging from the base of slope. Water surface elevation is about 10 feet above
sea level. The area of southern coastal salt marsh is subsaline sands with
saltgrass (Distichlis spicata spp. spicata) and woody glasswort (Salicomia
virginica). Near the margin of the lagoon, the sparse vegetation on the saline
sands was dominated by salt marsh sand-spurry (Spergularia marina).
The disturbed area around the north and south side of eucalyptus mound
was formerly wetlands associated with streambed which ran up the canyon occupied
by Batiquitos Drive. That drainage has been diverted into a retention facility
off site to the north and is conveyed by a storm drain adjacent to Batiquitos
Drive directly into the lagoon. That diversion of .runoff plus clearing activi-
ties has eliminated riparian and wetland vegetation around· the north and east
side of eucalyptus mound.
B. WilDLIFE
The plant communities present on the site offer a wide variety of habi-
tat types for wildlife species in the area. Many species of birds and mammals
(Table 2) were observed during the survey. Though few reptiles and amphibians
were actually observed, several species are expected to occur. Because the
entire site is virtually undeveloped and is adjacent to undeveloped land to the
east several large mammals, some requiring large territories, are likely to use
the site. Mule deer would be expected to use the upland habitats on the site.
Deer in San Diego County are not migratory, and would be present during all
seasons of the year. Coyote sign was observed on the site, and bobcats and gray
foxes would be expected.
Birds on site included the upland species observed in the coastal sage
scrub, chaparral, and other upland plant communities, including the disturbed
areas. These were species commonly found in those native plant communities,
however, one, the California black-tailed gnatcatcher (Polioptila melanura
ssp. califomica), is losing habitat rapidly and is declining in numbers.
This bird is discussed in more detail in the following section. ·
Along the shore of the lagoon several wetland-dependent birds were
observed including ducks (mallards, cinnamon teals, and American wigeons),
shorebirds (black-necked stilts, American avocets), coots, Bonaparte's gulls,
and a _great egret. Common yellowthroats and red-winged blackbirds were observed
in the rreshwater marsh areas. -
Raptors observed on site include the red-tailed hawk, red-shouldered
hawk, and Cooper's hawk. These birds of prey hunt over the valley floor and
could use the large shrubs and the eucalyptus trees on site for roosting and
nesting. The Cooper's hawk was observed capturing prey and flying to a shrub in
the chaparral on-site.
t'"-·· !.
Common Name
Mammuls
Rahhit
Ground squirrel
Woodrat
Birds
Great egret
Red-tailed hawk
American wigeon
Mallard
Cinnamon teal
California (jUail
American coot
Black-necked stilt
American avocet
Killdeer
Rock dove
Mourning dove
White-throated ~-wift
J\-nna's hummingbird
Cassin's kingbird
Rough-winged swallow
Cliff SWitllow
Common raven
Bushtit
Bcwick's wren
Northern mockingbird
,.,......._,
. .· '·
,·;.;:"
TABI.E2
WILDLIFE srECI~ OBSERVED c·> Oft EXPECfED
Scientific Name
SyM/ag11s s1>.
Citellus beecheyi
Neoloma sp;
Artlea alba egrella
ll111eo j,1maicensis
A11as americana
Anas p/aryrhy11chos plalyrhynchos
Anas cyanoptera stplL'ntrio11alium
Callipep/a califomica califomica
Fulica amt•rica1111 amt•ricana
Jlimanwpus (himantop11s) mexican11s mt'Xicamu
Recurviroslra amerit·tma
Charatlrius vocijiws t.·ocifent.'i
Co/11mba/Ma
Zmaitl~, maam,ra marginL'lla
At·ro1111utt·s s,um,1/is
Arrhi/11rh11t nn1tn
1'yrannt1.'i vociji•mns vocifi.•r_ans
SteJ.i:itloptt•ryx mjicolli.-,
I lintntlt1 PY"honot11 111china
Corvm mmx C'l11riom·1ui.'i
l~\t1/lrip,m1s mi11i11111.,; minim11.'i
111ymn11111es bL"wiL'kii
Mimus polyglollos pc,/ygl1J1tos
f labitat
CD,CS,CMC,O,G
G,O
CMC,SDS
Ag.FM.SM
All
D,FM:ow.sM
B.FM,M,OW
FM.OW.SM
CMC,CS.Ag
B.FM,M,OW,SM
Ag.FM,tvJu,SM
B.FM.Mu,OW,SM
Ag,M.Mu,O,U
CD,U
Ag,CS,G,RW,U,W
Cliffs.F
CMC.CS.U.W.RW
CS,CMC,G,W
OW,RW
Ag,FM,d,RW,U
CMC,Cl>,CS,G.O,SDS,W
CS.CMC,RW,W
Ag,CMC,CS,W
Ag.CMC.CS,RW,SDS,U
Status
,•·-·,
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Number
Observed .,
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Common Name
Wrentit
California black-tailed
gnatcatcher
Lesser goldfinch
House finch
Common yellowthroat
Wilson's warbler
lh1fous-sided towhee
Drown towhee
Song sparrow
White-crowned sparrow
Red-winged blackbird
Urewcr's blackbird
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TABLE2
WILDLIPESPECIF.s Oll.~El{VEI> (•) OR EXPECTED
(continued)
Scientific Name
Chamaea Jasciata henshawi
Polioplila melanura califomica
Ctm/11£'/is psaltria hesperophilus
Carpodacus mexica,ms frontalis
GL'othlypis irichas
Wilsonia pmilla
Pipilo <'rythropthalmus mega/onyx
Pipilo jilSCllS SL'nic11/a
Zonotrichia melodia
Zonotrichia /eucophrys
Agelaius phoeniC£'11s
E11phag11s cyanocepha/11s
Habitat
CMC,CS,U,RW,W
CS,CMC,G
Ag,G,RW,W
Ag,CS,O,SDS,U,RW
FM,M,RW.SM,CS
RW
CS,CMC,U,RW,W
CS,CMC,U,RW,W
Ag,FM,O,RW,SM,U,G
CMC,CS,U,W
Ag.CD,FM,0,RW
Ag,0,U
Status
S,C2
--~ .
Number
Observed
•
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TABI.E2
WILDLIFE SPECIES OHSEltVED (•) OR EXPECTED
(coQtinued)
Hahjtats
Ag = Agriculture
lJ = Days
C = Coastal waters
CD = Coastal strand
CF = Coniferous forest
CMC = Coastal mixed chaparral, mixed cha1>arral, chamise chaparral .
CS = Coastal sage scrub, inland sage scrub
DD = Desert dunes
F = Flying overhead
FM = Freshwater marsh
FW = Foothill woo~land
G = Grassland, pasturelands, etc.
lSS = Inland sage scrub .
M = Mesic areas and wetlands
Mu = Mud tlats
0 = Open places, waste places, roads~des, burns, etc.
OW = Open water (reservoirs. ponds, streams, lakes)
P = Pelagic
RW = Riparian woodlands
SDS = Sonoran desert scrub
SM = Saltwater marsh
U = Urban
W = Woodlands
Status
HT = San Diego Herpetological Society (1980) threatened
I IE = San Diego I lerpetological Society (1980) endangered
S = California species of special concern
CFP = California fully 1>rotected
CT = California threatened
CE = California endangered
CCE = California candidate endangered
W = Watch List, California Natural Diversity Data Base
BEP A = Bald Eagle Protection Act
FSS = BLM and USFS sensitive species
C2 = Federal Category 2
FE = Federally endang~red
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C. SENSIDVE RESOURCES
1. Plant Communities
Four plant communities considered sensitive (Holland 1986) are
present on the property.
a. Diegan Coastal Sage Scrub. Die~an coastal sage scrub, one of
four sage scrub communities currently existing m southern California, is also
considered sensitive by the Data Base. Westman, a researcher of the southern
California sage scrub communities, considers the habitat to be endangered
because as little as 10 to 15 percent of its former acreage remains (Westman
1987). Once widespread on the coastal plains and shallow slopes of southern
California, sage scrub communities are rapidly being depleted by clearing for
agriculture and urbanization.
b. Chaparral. Southern mixed chaparral is considered sensitive by
the California Natural Diversity Data Base. Southern mixed chaparral was once
one of the most common plant community types in San Diego County but with
increasing loss of natural vegetation to urbanization and agriculture, the
chaparral types nearest the coast in San Diego County are declining.
c. Wetlands: Freshwater Marsh and Coastal Salt Marsh. Freshwater
marsh has been much reduced throughout its range. The primary cause of loss is
channelization of streams and rivers for flood control. Freshwater marsh occurs
along the coast and in coastal valleys near river mouths and around the margins
of lakes and springs. Coastal salt marsh once occurred extensively around the
lagoons of San Diego County, as well as around bays, lagoons, and estuaries
along the coast from Point Conception to the Mexican border but has been
considerably reduced by coastal development.
2 Batiquitos Lagoon
Batiquitos Lagoon, adjacent to the property, is a valuable and
highly sensitive coastal resource providing a wide variety of habitats,
including open water, wetlands,, and mudflats, for many rare and endangered as
well as common species of wildlife.
3. Plant Species
Several sensitive plant species could occur on site. Those
observed, and those unobserved but known to occur in the vicinity of the prop-
erty are listed in Table 3 with codes explained in Table 4. Two sensitive plant
species were observed in Diegan coastal sage scrub at the northeast corner of
the site, ashy spike-moss (Selaginella cinerascens) and western dichondra
(Dichondra occidentalis). Both of these species are listed by the California
Native Plant Society as being of limited distribution but their susceptibility
to threat appears low at this time. The western dichondra is recognized by the
federal government but is considered to widespread to be listed as threatened or
endangered.
Species
Adolphia califomica
Artemisia palmeri
Brodiaea orcuttii
Ceanothus verrucosus
Dichondra occidentalis
Ferocactus viridescens
,'· .
\.:·./ Iva hayesiana
Muilla clevelandii
Selaginella cinerascens
• •
TABLE3
SENSITIVEPIANTSPECIES OBSERVED OR EXPECfED
State/Federal CNPS
Status Code Habitat
1-2-1 Coastal sage scrub
-!-1-1-1 Along drainages
--/C2 1-3-2 Grassland and chaparral
1-2-1 Chaparral; observed
on adjacent property
in chaparral
--/C3c 1-2-1 Dry sandy banks under shrubs in
coastal sage scrub and chaparral;
observed on site
1-3-1 Coastal sage scrub and grass-
land
2-2-1 Along drainages
--/C2 2-2-2 Coastal sage scrub and chaparral
on dry mesas and hillsides;
observed on site
1-2-1 · Coastal sage scrub and chapar-
· ral; observed on site
• NOTE: See Table 4 for explanation of codes.
I··-··-· r---.... _J···--.. __r--" __ .. .r-., r--r--..... r-... r--1 _ _f,"11Pol'""14 -"~fllUI ~. _ ~ JQlllilllll,ii _llolliilllliU4 ·--~ ---~uii Wk.I~ _____________________________ ,.,.._......, ___________________________ .· -..,,, ___ ...
1) CNPS R-E-D CODE
R (Rarity)
1-Rare, but found in sufficient numbers and distributed
widely enough that the potential for extinction is low at
this time.
2-Occurrence confined to several populations or to one
exlcmlcd population.
3-Occurrence limited to one or a few highly restricted
populations, or present in such small numbers that it is
seldom reported.
E (Endangerment)
1-Not endangered
2-Endangered in a portion of its range
3-Endangered throughout its range
D (Distribution)
I-More or less widespread outside California
2-Rare outside California
3-Endemic to California
2) ST ATE LISTED PLANTS
CE= State listed, endangered
CR= State listed, rare
Cr= State listed, threatened
SOURCE: SMITH AND BERG 1988
TABLE 4. CNPS RATING CODES
~
3) FEDERAL CANDIDATES AND FEDERALL,
LISTED PLANTS
FE= Federally I isled, endangered
FT= Federally listed, threatened
Cl= Enough data are on file to support the federal listing
Cl*= Enough data are on file to support federal listing, hut the plant
is presumed extinct
C2= Threat and/or distribution data are insufficient to support federal
listing
C2*=Threat and/or distribution data are insufficient to support federal
listing; plant presumed extinct
C3a= Extinct
C3h=Taxonomically invalid
C3c= Too widespread and/or not threatened
4) MISCELLANEOUS ABBREVIATIONS
BLM Bureau of Land Management
Co. County
Cyn. Canyon
in ed. inedita, not yet published
Isl. Island
Mt. Mount
Min. Mountain
Mins. Mountains
NF National Forest
NM National Monument
NP National Park
NS National Seashore
Pk. Peak
Pt. Point
SP Stale Park
SR Status report, a CNPS summary on that plant
USFS United States rorest Services
USFWS United Slates Fish anti Wildlife Service
t In lhis state and others
tt Widespread outside California
• Extinct or exlirpaled
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• •
4. Wildlife Species
Sensitive wiidlife species that were observed during the survey or
could be expected to occur within the study area are listed in Table 5. Species
that were not observed on the study area are included if they could be expected
to occur based oil their known range and habitat requirements and occurrence in
the past or in similar nearby localities.
a. California Black-tailed Gnatcatcher (Pofioptila melanura
califomica ). All the coastal sage scrub on the property constitutes habitat
for the California black-tailed gnatcatcher whicp was observed at five locations
on •site. One sighting was a pair of gnatcatchers and the other four sightings
were individual birds. Mates may have been in the vicinity but not observed.
All sightings but one were on the eastern side of the property, fin coastal sage
scrub dominated by coastal sagebrush, flat-top buckwheat, ~md California
encelia. One individual was observed on the western side of the property in
coastal sage scrub with less coastal sagebrush and flat-top buckwheat.
The California black-tailed gnatca'tcher is a candidate for
listing on the federal Endangered Species List ahd is a CDFG Spe::cies of Special
Concern. Everett (1979) considers the bird declining in San Diego County, and
Remsen (1979) lists it as declining throughout California. The range of the
California black-tailed gnatcatcher covers the coastal plains of southern
California and the most northern part of Baja California. Coastal sage scrub
dominated by coastal sagebrush is the habitat most commonly used by the
gnatcatcher. A .pair of gnatcatchers may use a territory of from 5 to 20 acres
depending on the quality of the habitat. Several Californila black-tailed
gnatcatchers were observed on the property in coastal sage scrub on the slopes.
California black-tailed gnatcatchers would be expected to use any of the coastal
sage scrub on the property. .
b. All raptors are protected in the state of California and the
Cooper's Hawk, observed on site, is considered a Species of Special Concern by
the CDFG. Cooper's hawks use woodlands and open areas, but breeding is virtu-
ally restricted to oak woodlands, which do not occur on the property. Northern
harriers would also be likely , to use the site during the wmter, but harriers
are less common during the spring and summer. Few nest in San Diego County, and
the likelihood of their nestmg on the project site is very low. Ospreys, which
u-se coastal habitats and forage over lagoons and lakes, may forage over the
wetland areas of the site. Ospreys are uncommon in San Diego County during the
fall and winter and very scarce during spring and summer, though more have been
observed recently than in years past. None have nested in San Di1::go County for
quite some time.
c. Reptiles. Sandy locations in the sage scrub or other areas
could provide habitat for two sensitive reptile species, the <)range-throated
whiptail (Cnemidophorus hyperythrus) and the San Diego horned lizard
(Phymosoma coronatum blainvillei), both candidate species for listing by the
federal government and both considered special animals by the Ca'.lifomia Natural
Diversity Data Base. These reptile species are also recognized by the Interna-
tional Union for Conservation of Nature (IUCN) as being depleted and are
considered sensitive by the San Diego Herpetological Society.
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TABLES
SENSITIVE WII.DLIFE SPECIES
OBSERVED(*) OR EXPECTED TO OCCUR
IN TIIE STUDY AREA
Common Name
Mammal
Bobcat
Birds
Cooper's hawk
Northern harrier
Red-shouldered hawk
Osprey
California black-tailed
gnatcatcher
Tricolored blackbird
Reptiles
Orange-throated whiptail
San Diego homed lizard
Scientific Name
Lynx ro.Jus
Accipiter cooperi.
Circus cyaneus
Buteo lineatltS
Pandion haliaeetus
/eucocephalus
Polioptila melanura
califomica
Agelaius tricolor
Cnemidophoros
hype,ythnlS beldingi
Phymosoma coronatus
blainvillei
Habitatl
All
WD
G
All
C
css
FM
c,css
c,css
1 Habitats: C = chaparral, CSS = coastal sage scrub, G = grassland,
FM = freshwater marsh, C = coast. -
Status2
s,CP
s,p
s,p
s,p
s,p
C2
F:?.
C2,CP
C2,CP
2status: FE = federally listed end.angered, Ff = federally listed threatened,
C2 = Cate~ory 2 of list of species proposed by USFWS for endangered status,
CE = Cahfornia endangered, CT = California threatened, CP = fully protected by
the State of California, p = protected in California, s = considered sensitive
by agencies or organizations.
• •
D. Bobcat. Extensive undeveloped chaparral areas around Batiquitos
Lagoon, including habitat on site, could provide habitat for bobcats which are
fully protected by the state of California.
V. lMPACI'S
Determination of impacts was based on the Conceptual Site Plan for Batiqui-
tos Shores (map dated May 25, 1989). Impacts would occur to approximately
2.84 acres (22 percent) of the native plant community acreage on the site:
Diegan coastal sage scrub
Mixed chaparral
Mulefat scrub
Baccharis scrub
2.0 acres
<0.02 acre
0.02 acre
· 0.8 acre
Loss of the 2.0 acres of coastal sage scrub (23 percent of total coastal
sage scrub on the proeerty) is loss of habitat for the sensitiv,e bird species,
the California black-tailed gnatcatcher. Gnatcatchers were mostly in coastal
sage scrub on the east side of the property. A pair and one additional indi-
vidual were observed in the proposed development area at the northeast comer of
the site. Other birds were observed in or directly adjacent to proposed open
space.
The coastal sage scrub occurring on the east and west sides !Of the property
will be separated by development and gnatcatchers will be restricted to one area
or the other. The two areas of habitat are presently separated by the disturbed
area in the central part of the site. Construction of residences in that area
would probably emphasize the separation of the two habitat areas. Black-tailed
gnatcatchers probably would not fly over the development to reach the other
coastal sage scrub area; however, the habitat on each side of the property is
contiguous with other open space areas off site. The usefulness of the habitat
areas preserved in the proposed site design is enhanced by the preservation of
two large, contiguous areas of habitat, not piecemeal preservation of small
pockets without much potential for utilization by the species.
Both sensitive plant speci~s (western dichondra and ashy spike-moss) were
observed in the coastal sage scrub at the northeast comer of the property and
will not be included in the proposed open space areas. . · ·
It is anticipated that development will be separated from the lagoon
wetlands by a 100-foot-wide buffer as a condition of agreement with the U.S.
Army Corps of Engineers. Noise and activity during construction of the project
could affect those species ( mostly birds) that live along the shoreline or use
the lagoon edge habitat. The impact may be short term, since the wildlife
species may return to the area after the noise and activity has ceased. This
portion of the lagoon shore would be affected by noise levels in excess of
65 decibels Community Noise Equivalent Level in any case because of the proxim-
ity . of Interstate 5, according to a noise report prepared for the proposed
project.
Construction runoff and sedimentation could impact the Batiquitos Lagoon.
Lagoons are very sensitive to disturbance, including filling by sedimentation
which can cover Rlants and invertebrates that larger animals depend on for
shelter and food. Sedimentation can also alter the tidal circulation and· cause
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accumulation of nutrients and pollutants from urban runoff which affects the
total lagoon system.
Although 25 percent of the coastal sage scrub habitat will be impacted,
retention of 75 percent of this hicrh-quality coastal sage scrub in permanent
open space and the implementation of the recommendations below will mitigate any
potentially significant adverse effects of the project.
VI. RECOMMENDATIONS
A program of measures to mitigate biological impacts of the proposed project
to a level below significance is recommended. The program includes monitoring
sensitive resources during construction, revegetation of cut and fill slopes
with native species. In order to assure mitigation, it should be made a condi-
tion of project approval that the developer will retain a consulting biologist
to monitor construction and assure that appropriate mitigation is implemented.
The consulting biologist should attend at least one pregrading conference to
become acquainted with the grading and construction schedule and familiarize
construction contractors with the required biological mitigation measures. The
consulting biologist should monitor construction in the field in areas of
biological sensitivity. Prior to construction in areas of biological sensitiv-
ity such as lagoon wetlands and the coastal sage scrub, the consulting biologist
should stake and flag, or otherwise mark, the sensitive areas as out-of-bounds
for construction work, should inform the contractor about the out-of-bounds
area, and should monitor the work as it proceeds.
Project plans should include a landscaping plan for the project which
details the necessary revegetation, restoration, or enhancement of cut and fill
slopes adjacent to native plant communities and the disturbed areas adjacent to
freshwater marsh and saltmarsh near the Batiquitos Lagoon shore. All such areas
should be identified and the means of revegetation, restoration, or enhancement
should be specified, including species lists and means of propagation. The
landscaping plan should be developed by a biologist experienced in native plant
restoration work, to the satisfaction of the City of Carlsbad Planning
Director.
The lagoon should be protected from construction runoff and sedimentation.
No driving, parking, or walking in the sensitive wetlands (freshwater marsh and
salt marsh) should be allowed. No dirt or construction materials should be
dumped or stored in the wetland area or near the shore of the lagoon.
Because the coastal sage scrub itself is considered a sensitive biological
resource, impacts should be kept to a minimum. No unnecessary grading should be
performed on the steep coastal sage scrub (and chaparral) covered slopes.
Minimizing the impacts to the plant community will also minimize impacts to
habitat for the federal candidate species, the California black-tailed
gnatcatcher.
Upon completion of project construction, the consulting biologist should
file a report with the Planning Director of the City of Carlsbad, detailing
compliance of the project with biological mitigation measures required as a
condition of approval. This provision is intended to assure that the monitoring
of mitigation required under Assembly Bill 3180 are accomplished.
(•· .. ' .....
._: ...
• •
VI. REFERENCES CITED
American Ornithologists' Union
1957 Checklist of North American Birds. Fifth edition. Baltimore,
Maryland ..
1973 Thirty-Second Supplement to the American Ornithologists' Union Checklist
of North American Birds. Auk 90:411-419.
1982°-Thirty~Fourth Supplement to the American Ornithologists' Union Checklist
of North American Birds. Auk 99(3).
California, State of
1986a State and Federal Lists of Endangered and Threatened Animals of
. California. The Resources Agency, Department of Fish and Game. Revised
:. . . . February 1.
. . .
1986b Special Animals, California Natural Diversity Data Base. Nongame
_ · Heritage Program, California Department of Fish and Game.
Everett, William T.
-1979 Threatened, Declining and Sensitive Bird Species in San Diego County.
Sketches 29(10):2-3.
Holland, Robert F. .
1986 Preliminary Descriptions of the Terrestrial Natural Communities of
California. Nongame-Heritage Program, California Departm,::nt of Fish and
. . .. Game. October. ·
Jennings, M. R.
1983 An Annotated Checklist of the Amphibians and Reptiles o_f California.
California Department of Fish and Game 69(3):151-171.
Jones, J. K., D. C. Carter, H. H. Genoways, R. S. Hoffman, and D. W. Rice
1982 Revised Checklist of North American Mammals North of Mexico. Occasional
Papers of the Museum, Texas Tech University 80:1-22.
Munz, P.A.
1974 A Flora of Southern California. University of California
Berkeley.
Remsen, Jan
· 1979 Species of Special Concern: California's Imperiled Birds.
Tanager 45(8):1-8.
San Diego, County of _
. 1979 Biological_ ~urvey Guidelines. September.
Press,
Western
Smith, J.P., and R. Berg, eds.
1988 Inventory of Rare and Endangered Vascular Plants of California.
California Native Plant Society Special Publication No. 1, 4th edition.
September.
.., 1
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Tate, James, Jr.
1986 The Blue List for 1986. American Birds 40(2):227-236.
Westman, Walter E.
1987 Implications of Ecological Theory for Rare Plant Consexvation in Coastal
Sage Scrub. In Conservation and Management of Rare and Endangered
Plants: Proceedings from a Conference of the California Native Plant
Society, edited by T. S. Elias, pp. 133-140. Sacramento.
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1094 Cuoahy Place Su11e 204 San Diego. CA 92110 275-3732
August 31, 1978
Mr. Stewart C. Woodard A.I.A.
WLK Development Company
180 Newport Center Drive
Newport Beach, California 92663
Reference: Archaeology and Botany, Savage Property, Job Number
6773
Dear Mr. Woodard:
On August 24, 1978, Charles Bull, supervisory archaeologist,
and a team of archaeologists representing RECON surveyed the
42.5 acres of land which make up the Savage Property for the
purpose of identifying any potentially significant c~ltural
resources. This on-foot survey involved 14 personhours to
complete and resulted in the discovery of a single cultural
resource.
The subject property is located immediately north of Batiquitos
Lagoon and east of Highway 5, in the City of Carlsbad, Cali-·
fornia. It is bisected by Lagoon Lane and encompasses a por-
tion of a small valley and the associated hillsides. The slope
of the parcel ranges from three percent in the valley center
to 28 percent along the western edge.
.
The subject parcel is located near Batiquitos Lagoon. This
feature has been important to area residents for several thou-
sand years, and any project proposed within its general vicinity
has an excellent chance of having some type of cultural resource.
In order to fully evaluate the potential of the area and to
assess the potential impact of the project on the cultural re-
cord, checks were made of the San Diego Museum of Man and San
Diego State University, Department of Anthropology.
As a result of the records check, one site was indicated as
being partially on the subject property. All other lagoon
cultural resources were recorded outside of the project bounda-
ries. The on-foot examination of the subject parcel confirmed
the location of this site, but did not result in the discovery
of any additional resources.
• •
• • ..
Mr. Woodard
• (
-2-August 31, 1978
The single site on the subject property, SDi-600, lies at the
extreme southeast corner of the property, and primarily lies
off of the project to the south and east. The site consists
of a scatter of shell and some discolored soil. No artifacts
were noted in conjunction with this shell deposit. A great
qeal of historic disturbance was evident, and is, in part, asso-
ciated with the existing pump station located to the southeast
of the property. The excavation of a single posthole station
at this -site revealed a piece qf asphalt which was; deposited
during the creation of the pump station and the as;sociated road.
It is likely that most of the horizontal extent of: the site is
a result of grading and other construction activities which
have been undertaken in the area. It is possible that th~ site
area has been disturbed beyond usefulness. •
The site was originally recorded at the University of California
at Los Angeles, probably in the early 1960's. The records at
Sari Diego State University indicate the site is a "habitation
site centering on a cultivated field" (San Diego State University
1975). There can be little doubt that adverse impacts have
occurred to the site since its original recording, as the instal-
lation of the pump station was completed subsequent to the site's
discovery and recording. ·
The exact-extent and nature of the resource cannot be determined
by a simple surface reconnaissance. It will be necessary to
conduct limited subsurface tests to adequately describe the site
and detennine the nature of the disturbance.
The presence of a great number of intrusive, broken rocks in
the area of the site suggests the possibil·ity that the entire
resource is a secondary deposit, having been brought into the
area as fill. ·
As with the extent and cultural nature of the site, detennination
of the reliability of the situation of the resource requires
some subsurface testing and subsequent analysis. Only through
a limited subsurface test can the size and nature of the resource
be adequately determined.
As most of the site lies outside of the subject pr<::>perty, with
only a limited portion occurring in the area of direct impact,
we are faced with the dilemma of needing infonna tic:,n from a
portion of the site not on the land directly under consideration
at this time. Because of this, recommendations for. future work
must be viewed in association with the potential conflict be-
tween land holdings.
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• ( • (
-3-August 31, 1978
In light of the little available .information obtained from
the surface examination, several tests are needed to evaluate
the importance of this cultural resource, and therefore, the
significance of the impacts to the cultural record potentially
represented by this project. These tests involve the documen-
tation of the design and construction of the existing pump
station and road. This would be directed at establishing the
nature of alterations necessary for the completion of these
features and the potential implications for the site. In addi-
tion, a sample should be taken from the site to evaluate the
potential for an artifactual component of the resource. If an
artifact component ·is not found, a sample of the shell should
be collected and analyzed. When combined with radiocarbon
dates, the information from this procedure could provide impor-
tant data con~erning the fluctuation of the lagoon as a viable
ecological system and further our understanding of the role
of the lagoon in the lifeways of the former inhabitants of the
area.
The implications for history and prehistory would depend largely
upon the dates obtained from the deposit and the types of shell
represented. If an artifactual component is found in association
with the site, then procedures should be adopted to insure the
recovery of the information identified.
A standard technical report will be necessary at the time this
project is introduced into the environmental process. This
document can be prepared with the information gained from the
existing field information. Completion of any additional testing
or mitigation would probably be made a condition of final project
approval.
The botanical survey was conducted by Ricardo Villasenor, Jr.,
consulting botanist, on August 29, 1978. The purpose of this_
survey was to supplement an environmental impact report pre-
pared by RECON, June 30, 1975. The focus of the survey was on
the identification and location of significant plant taxa (Table 1)
including Baccharis vanessie beauchamp ssp. nov. recently dis-
covered in the Encinitas area just to the south of the site.
This plant has been located in a very limited range of approxi-
mately five miles, radiating from its type locality. The survey
was conducted between 1100 and 1400 hours on foot, with approxi-
mately 50 percent of the site covered.
Except for the Ceanothus verrucosus mentioned in the original
report, no other significant plant taxa were identified on the
site.
.. ' . ...
...... Mr. Woodard -4-August 31, 1978
Within the scope of this supplemental survey, no additional
impacts beyond those identified in the original report are
expected. Consequently, additional mitigative measures are
not proposed.
CSiB:RV:ejf
Attachment
c~.-~QQ
CHARLES S. BULL
Supervisory Archa,eologist
~Uit~-.l.J
RICARDO'VILLASENO:t'~Ji:f. ..
Consulting Botanist
r (
r
. . , .. ·•
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·"''-·:,~ ;·~~, ... "" -:~--~. r:-~1-.~; .. '~"'-·• t' ......... ~,;.~•.-~ ~·t-,-....•c..
~-• 1-·>: ~~•,f<.
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...... -. ;..: '.· .• :. l . ~-.". ;.,-;_c-
-~ ·~ • "\\ '
•
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ANO BUFFER
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• I
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, ii!!?'" / ,_____ __.,_ -"' / --, .---r .-r---r---•-r-__ ,,_.. __ ,__ ~ --------~! ~ .. /'-' ~ f. :_ -\~
--~ .. __ __, __ __, .. ,,...,,, . ---i
~
Scientific N.::tme
Adolphia californica
,Ambros1.a pum1.la
Brodiaea orcuttii
Ceanothus verrucosus
Cercocarpus minutiflor.us·
Chor1zanthe orcuttiana
Cordylanthus marit~mus ·
Coreopsis maritima
Muilla clevelandii
Sel~.91:.~ella cinerascen~
·\ •. i;~
TABLE 1
RARE PLANTS*
Common Name
California Adolphia
Dwarf Ragweed
Orcutt Brodiaea
Coast White Lilac
Mountain-mahogany
Orcutt Chorizanthe
Bird's Beak
Sea Dahlia
Cleveland Golden Star
Mesa Clubmoss
*Ten species appearing on the ·rare plants list (California Native Plant Society
1974) may possibly may be found on the subject property.
.,
•• f"' .....
' : ·.
~ •·
,-... •
1
;
r--mJ TICOR TIT. INSURANCE---1
ct" 1::-1 -.
. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
925 "B" STREET SAN DIEGO, CALIFORNIA 92101
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1177466 PAGE 1
fgJ TICOR TIT. INSURANCE-----i
,, ~ THE ESTATE OR INTEREST IN THE LAND HEREINAFTER
TO COVERED BY THIS REPORT
IS: A FEE
DESCRIBED OR REFERRED
THE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
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FOR THE FISCAL YEAR : 1989-90
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A LIEN NOT YET PAYABLE.
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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 PARCEL A AS SET FORTH THEREIN
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
1177466 PAGE 2
, ~flij TICOR TITlll: INSURANCE
' RECORDS
AFFECTS PARCEL A AS SET FORTH THEREIN; PARCEL DAS FOLLOWS:
LOTS 90 AND 91 AS SHOWN ON MAP 12410: PARCEL E AS
FOLLOWS: LOT 92 AS SHOWN ON MAP 12411; PARCEL FAS
FOLLOWS: LOTS 95, 98, 99 AND 100 AS SHOWN ON MAP
12411 .
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 AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION
FOR ELECTRICAL TRANSMISSION AND DISTRIBUTION FACILITIES, TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES, INGRESS
AND EGRESS RECORDED APRIL 26, 1957, DOCUMENT NO. 61923 IN BOOK 6553 PAGE
334 OF OFFICIAL RECORDS AFFECTS PARCEL A AS SET FORTH THEREIN; PARCEL DAS FOLLOWS;
LOTS 90 AND 91 AS SHOWN ON MAP 12410
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, UNDERGROUND CONDUITS, CABLES, VAULTS
AND MANHOLES, TELEPHONE SIGNAL AND COMMUNICATION
1177466 PAGE 3
, ~fij TICOR TIT. INSURANCE
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RECORDED FEBRUARY 7, 1958 IN BOOK 6941, PAGE 234 OF OFFICIAL
RECORDS
AFFECTS PARCEL A AS SET FORTH THEREIN; PARCEL DAS FOLLOWS:
LOTS 90 AND 91 AS SHOWN ON MAP 12410
6. 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 JULY 21, 1958, DOCUMENT NO. 116505
AFFECTS PARCEL A AND LAS SET FORTH THEREIN
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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 PARCEL A AS SET FORTH THEREIN
8. 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, A MUNICIPAL WATER
FOR
RECORDED
AFFECTS
DISTRICT
PIPELINE FEBRUARY 27, 1962, RECORDER'S FILE NO. 33068
PARCEL BAS FOLLOWS: LOTS 46, 47 & 48 AS SHOWN ON MAP
12409; PARCEL E AS SHOWN ON MAP 12411; PARCEL FAS
FOLLOWS: LOT 97 AS SHOWN ON MAP 12411
9. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT C1EATING 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 PARCEL E AS SHOWN ON MAP 12411; PARCEL FAS FOLLOWS:
LOT 92 AS SHOWN ON MAP 12411; PARCEL MAS SET FORTH
THEREIN.
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 PARCEL FAS FOLLOWS: LOT 99 AS SHOWN ON MAP 12411;
PARCEL HAS FOLLOWS: LOTS 120, 121 AND 122 AS SHOWN
ON MAP 12411
BY QUIT CLAIM DEED RECORDED NOVEMBER 26, 1969 UNDER RECORDER'S FILE
1177466 PAGE 4
, ~!(D TICOR TIT9: INSURANCE
· 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 PARCEL A AS SET FORTH THEREIN; PARCEL BAS FOLLOWS:
LOTS 2 AND 3 AS SHOWN ON MAP 12409
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 PARCEL A AS SET FORTH THEREIN; PARCEL FAS FOLLOWS:
LOT 100 AS SHOWN ON MAP 12411
13. 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 NOVEMBER 22, 1976 RECORDER'S FILE NO. 76-391112
AFFECTS PARCEL A AS SET FORTH THEREIN
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
INGRESS THERETO AND EGRESS THEREFROM
RECORDED MAY 10, 1977, RECORDER'S FILE NO. 77-177430
AFFECTS PARCEL A AS SET FORTH THEREIN
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
1177466 PAGE 5
~mJ TICOR TIT ■ INSURANCE-----j
''
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
DATED
TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
AUGUST 29, 1986
BY AND BETWEEN
REGARDING
RECORDED
W.H. HUNT AND N.B. 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
NOVEMBER 6, 1986, RECORDER'S FILE NO. 86-509319
19. AN AGREEMENT
DATED
TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
OCTOBER 16, 1987
BY AND BETWEEN
REGARDING
RECORDED
W. H. HUNT AND N. B. HUNT AND THE CITY OF CARLSBAD
PAYMENT OF A PUBLIC FACILITIES FEE
NOVEMBER 19, 1987, RECORDER'S FILE NO. 87-647735
20. AN AGREEMENT
DATED :
TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
JUNE 6, 1988
BY AND BETWEEN : 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
REGARDING
RECORDED
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 AND 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
1177466
LANDS COMMISSION
PUBLIC ACCESS EASEMENT
JUNE 10, 1988, RECORDER'S FILE NO. 88-278452
PARCEL A; PARCEL BAS FOLLOWS: LOTS 2 AND 3 AS SHOWN
ON MAP 12409; PARCEL J AS FOLLOWS: LOT 309 AS SHOWN ON
MAP 12413
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
PAGE 6
(!1J TICOR TIT. INSURANCE-I
' ~ TRUSTEE : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION BENEFICIARY FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION
RECORDED DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661636
SAID MATTER AFFECTS: PARCELS A, B, D, F, I AND J
SAID DEED OF
REFERRED TO IN
DATED
EXECUTED BY
RECORDED
SUBORDINATED TO
RECORDED
SAID DEED OF
REFERRED TO IN
DATED
EXECUTED BY
RECORDED
SUBORDINATED TO
RECORDED
SAID DEED OF
REFERRED TO IN
DATED
EXECUTED BY
RECORDED
SUBORDINATED TO
RECORDED
SAID DEED OF
REFERRED TO IN
DATED
EXECUTED BY
RECORDED
SUBORDINATED TO
RECORDED
TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
MARCH 23, 1989 FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION, AND AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE CORPORATION
APRIL 14, 1989, RECORDER'S FILE NO. 89-196177
DEED RESTRICTION (OPEN SPACE)
APRIL 14, 1989, RECORDER'S FILE NO. 89-196176
TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
MARCH 13, 1989 FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION, AND AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE CORPORATION
APRIL 14, 1989, RECORDER'S FILE NO. 89-196179
DEED RESTRICTION (TRAIL)
APRIL 14, 1989, RECORDER'S FILE NO. 89-196178
TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
MARCH 13, 1989 FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION, AND AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE CORPORATION
APRIL 14, 1989, RECORDER'S FILE NO. 89-196181
IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT
AND DECLARATION OF RESTRICTIONS
APRIL 14, 1989, REC0RDER'S FILE NO. 89-196180
TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
JUNE 7, 1989
AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE
BANK OF CALIFORNIA, A CALIFORNIA CORPORATION
JUNE 29, 1989, RECORDER'S FILE NO. 89-345754
EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345753
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
DATED JUNE 7, 1989 EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE
BANK OF CALIFORNIA, A CALIFORNIA CORPORATION
RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345756
1177466 PAGE 7
~. ~ TICOR TIT. INSURANCE---!
SUBORDINATED TO
RECORDED
EASEMENT JUNE 29, 1989, RECORDER'S FI LE NO. 89-345755
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
DATED MAY 22, 1989 EXECUTED BY AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE
RECORDED
SUBORDINATED TO
RECORDED
SAID DEED OF
REFERRED TO IN
DATED
EXECUTED BY
RECORDED
SUBORDINATED TO
RECORDED
SAID DEED OF
REFERRED TO IN
DATED
EXECUTED BY
RECORDED
SUBORDINATED TO
RECORDED
BANK OF CALIFORNIA, A CALIFORNIA CORPORATION
JUNE 29, 1989, RECORDER'S FILE NO. 89-345758
EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345757
TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
JUNE 14, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE
BANK OF CALIFORNIA, A CALIFORNIA CORPORATION
JUNE 29, 1989, RECORDER'S FILE NO. 89-345760
EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345759
TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
APRIL 22, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE
BANK OF CALIFORNIA, A CALIFORNIA CORPORATION
JUNE 29, 1989, RECORDER'S FILE NO. 89-345762
EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345761
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
DATED JUNE 15, 1989 EXECUTED BY AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A
RECORDED SUBORDINATED TO
RECORDED
DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE
BANK OF CALIFORNIA, A CALIFORNIA CORPORATION
JUNE 29, 1989, RECORDER'S FILE NO. 89-345766
EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345765
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
DATED MAY 22, 1989 EXECUTED BY AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A
RECORDED
SUBORDINATED TO
RECORDED
DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE
BANK OF CALIFORNIA, A CALIFORNIA CORPORATION
JUNE 29, 1989, RECORDER'S FILE NO. 89-346186
EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-346185
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
DATED JUNE 30, 1989
EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
1177466 PAGE 8
-. W) TICOR TIT. INSURANCE----!
RECORDED SUBORDINATED TO
RECORDED
DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE
BANK OF CALIFORNIA, A CALIFORNIA CORPORATION
JULY 24, 1989, RECORDER'S FILE NO. 89-388407
MASTER DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS JULY 5, 1989, RECORDER'S FILE NO. 89-354659
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
TO FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION
RECORDED DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661637
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
SAID MATTER AFFECTS: PARCELS A, B, D, F, I, & J
25. ANY ASSESSMENTS WHICH MAY BE LEVIED AGAINST THE HEREIN DESCRIBED
PROPERTY, AS DISCLOSED BY A FILED MAP OF THE ASSESSMENT DISTRICT;
PLAT NO.: PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
OF THE CARLSBAD UNIFIED SCHOOL DISTRICT
CITY OF : CARLSBAD RECORDED: MARCH 14, 1989, RECORDER'S FILE NO. 89-130025
AND AS AMENDED MAY 8, 1989, RECORDER'S FILE NO. 89-242769.
NOTICE OF SPECIAL TAX LIEN RECORDED JULY 28, 1989, RECORDER'S FILE NO.
89-400726.
26. AN AGREEMENT
DATED
BY AND BETWEEN
REGARDING
RECORDED
27. AN AGREEMENT
DATED
BY AND BETWEEN
REGARDING
RECORDED
TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
MARCH 22, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE CORPORATION, AND THE CALIFORNIA COASTAL
COMMISSION DEED RESTRICTION (OPEN SPACE)
APRIL 14, 1989, RECORDER'S FILE NO. 89-196176
TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
MARCH 13, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE CORPORATION AND THE CALIFORNIA COASTAL
COMMISSION
DEED RESTRICTION (TRAIL) APRIL 14, 1989, RECORDER'S FILE NO. 89-196178
28. A DOCUMENT ENTITLED "IRREVOCABLE OFFER TO DEDICATE
OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS"
DATED MARCH 13, 1989, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE CORPORATION, RECORDED APRIL 14, 1989,
1177466 PAGE 9
,----. ~ TICOR TIT~ INSURANCE---------1
RECORDER'S FILE NO. 89-196180.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
29. 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 STATE OF CALIFORNIA, A POLITICAL SUBDIVISION
FOR AN OPEN-SPACE EASEMENT IN GROSS AND IN PERPETUITY FOR
LIGHT, AIR, VIEW, AND FOR THE PRESERVATION OF SCENIC
QUALITIES
RECORDED APRIL 14, 1989, RECORDER'S FILE NO. 89-196180
AFFECTS PARCEL A AS SET FORTH THEREIN; PARCEL BAS FOLLOWS:
LOTS 2 AND 3 OF MAP 12409; PARCEL J AS FOLLOWS: LOT
309 AS SHOWN ON MAP 12413
30. AN AGREEMENT
DATED
BY AND BETWEEN
REGARDING
RECORDED
TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
MARCH 31, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A
LIMITED PARTNERSHIP AND CITY OF CARLSBAD
AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF
CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE
JUNE 5, 1989, RECORDER'S FILE NO. 89-296176
31. 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 CITY OF CARLSBAD
FOR WATERLINE PURPOSES AND APPURTENANCES
RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345753
AFFECTS PARCEL A, AS DESCRIBED IN SAID DOCUMENT
32. 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 CITY OF CARLSBAD
FOR DRAINAGE RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345755
AFFECTS PARCEL A, AS DESCRIBED IN SAID DOCUMENT
33. 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 CITY OF CARLSBAD
FOR GENERAL UTILITY AND ACCESS RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345757
AFFECTS PARCEL A, AS DESCRIBED IN SAID DOCUMENT
34. 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 CITY OF CARLSBAD
FOR SEWER AND DRAINAGE RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345759
AFFECTS PARCEL A, AS DESCRIBED IN SAID DOCUMENT
35. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
1177466 PAGE 10
, . ~ TICOR TIT~ INSURANCE----! ~ SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF CITY OF CARLSBAD
FOR GENERAL UTILITY AND ACCESS RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345761
AFFECTS PARCEL A, AS DESCRIBED IN SAID DOCUMENT
36. 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 CITY OF CARLSBAD FOR PUBLIC STREET PURPOSES, AN EASEMENT FOR DRAINAGE
PURPOSES, AN EASEMENT FOR SIDEWALK PURPOSES AND AN
EASEMENT OF RELINQUISHMENT AND WAIVER OF ABUTTER'S
RIGHT OF ACCESS
RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345765
AFFECTS PARCELS A, B, D AND F, AS DESCRIBED IN SAID DOCUMENT
37. AN AGREEMENT
DATED
BY AND BETWEEN
REGARDING
RECORDED
TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
JUNE 28, 1989 THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
DESILTATION BASIN MAINTENANCE AGREEMENT
JUNE 29, 1989, RECORDER'S FILE NO. 89-345770
SAID MATTER AFFECTS: PARCEL A AS SET FORTH THEREIN AND PARCEL GAS FOLLOWS: LOTS 123
THROUGH 127 INCLUSIVE OF MAP 12411
38. AN AGREEMENT
DATED
BY AND BETWEEN
REGARDING
RECORDED
TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
JUNE 28, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND CITY OF CARLSBAD DESILTATION BASIN/STORM DRAINAGE MAINTENANCE
AGREEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345771
SAID MATTER AFFECTS: PARCELS B, D, I AND J AS SET FORTH THEREIN
39. AN EASEMENT, AS R~FLECTED 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 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP FOR CONSTRUCTING, REPAIRING, IMPROVING AND MAINTAINING
CERTAIN SLOPES, LANDSCAPING AND INCIDENTAL
IMPROVEMENTS ALONG ALGA ROAD AND AMBROSIA
RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-346183
AFFECTS PARCEL MAS SET FORTH THEREIN
40. 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 CITY OF CARLSBAD
FOR AN EASEMENT FOR DRAINAGE
1177466 PAGE 11
, fl' TICOR TITa: INSURANCE~ ~ RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-346185
AFFECTS PARCEL MAS SET FORTH THEREIN
41. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP
OF THE SUBDIVISION SHOWN BELOW
MAP NO. 12409 PROVISIONS AS FOLLOWS:
BUILDING PERMITS WILL NOT BE ISSUED FOR LOTS 12 THRU 83 UNTIL PUD
PLANS ARE APPROVED BY THE PLANNING COMMISSION.
THE OWNER ACCEPTS RESPONSIBILITY FOR DRAINAGE OVERLAND AND
ACKNOWLEDGES MAINTENANCE RESPONSIBLITY (IN PERPETUITY).
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR
TO THE SALE, LEASE, OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS SUBDIVISION, A WRITTEN AGREEMENT PURSUANT TO CARLSBAD MUNICIPAL CODE
SECTION 21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED.
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING
PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY
UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE
AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND
WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY.
PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE PARK IN
LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF CARLSBAD
PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR PRIOR TO
SALE OF THE SUBDIVISION PROPERTY WHICHEVER OCCURS FIRST. THE
SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF
CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF FEES SHALL
BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR SALE.
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING
PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19
LOCAL FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN
CONFORMANCE WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED ON
DECEMBER 8, 1987, AND ANY AMENDMENTS THERETO. THE BUILDING PERMITS
WHEN ISSUED WILL BE SUBJECT TO ANY FEES, OTHER CONDITIONS OR
REQUIREMENTS IMPOSED AS A PART OF THAT PLAN.
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO
THE SALE OR DEVELOPMENT OF ANY PROPERTY OR BUILDING PERMITS, A
PARKING AND DRAINAGE AGREEMENT SHALL BE ESTABLISHED FOR LOTS 1, 2 & 10 BY THE SUBDIVIDER AND APPROVED BY THE CITY OF CARLSBAD.
42. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION
SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO
THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE
GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO. 12409 STREET AFFECTED ALGA ROAD ADJACENT AND CONTIGUOUS TO LOT 9,
EXCEPTING THEREFROM ACCESS OPENING NO. 1
43. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION
SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO
THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE
1177466 PAGE 12
~. ~ TICOR TIT. INSURANCE--
GENERAL PUBLIC RIGHT
MAP NO.
TO TRAVEL THE SAME
12409 BATIQUTIOS DRIVE ADJACENT AND CONTIGUOUS TO LOTS
1 , 2, 3 , 10 , 12, 44, 45, 46, 4 7, 48, 49, 50 , 51 , STREET AFFECTED
44. AN
STATED
MAP
FOR
AFFECTS
45. AN
STATED
MAP FOR
AFFECTS
46. AN
STATED
MAP
FOR
AFFECTS
47. AN
STATED
MAP
FOR
AFFECTS
48. AN
STATED
MAP
FOR
AFFECTS
49. AN
STATED
MAP
FOR
AFFECTS
50. AN
STATED
MAP
FOR
AFFECTS
52, 53, 54, 55, 56, 57, 58, 63, 64, 65, 66, 74,
75, 76, 77, 78 AND 83 EXCEPTING THEREFROM ACCESS
OPENINGS 2 AND 3
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12409
UTILITY LOTS 1, 2 AND 10
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12409 ACCESS AND GENERAL UTILITY
LOTS 5, 7, 8 AND 9
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR
12409
SEWER
LOT 9
THE PURPOSES
DEDICATED ON
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12409
WATERLINE
LOTS 3, 5, 7, 8 AND 9
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12409
DRAINAGE
LOTS 4, 5, 6, 7, 8 AND 9
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12409
SIGHT CORRIDOR LOTS 10, 12, 77, 78 AND 83
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR ·DEDICATED ON
12409
OPEN SPACE
LOTS 3, 11, 21, 37, 51 AND 83
51. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP 12409
FOR ACCESS
AFFECTS LOTS 2 AND 3
52. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
1177466 PAGE 13
. r-fll TICOR TIT~ INSURANCE
. STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP 12409
FOR PRIVATE ROAD AFFECTS LOTS 5 AND 7
53. AN OFFER OF DEDICATION TO PUBLIC USE OF A PORTION OF SAID LAND.
SAID OFFER WAS REJECTED ON SAID MAP, BUT IS SUBJECT TO FUTURE
ACCEPTANCE UNDER THE PROVISIONS OF SECTION NUMBER 66477.2 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
DESIGNATED ON MAP NO.: 12409
AS PORTION OF LOT 3 RESERVED FOR FUTURE STREET
54. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP
OF THE SUBDIVISION SHOWN BELOW
MAP NO. 12410
PROVISIONS AS FOLLOWS:
THIS PROJECT IS APPOVED UPON THE EXPRESS CONDITION THAT PRIOR
TO THE SALE, LEASE, OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS
SUBDIVISION, A WRITTEN AGREEMENT PURSUANT TO THE CARLSBAD MUNICIPAL CODE SECTION 21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE
EXECUTED. THE OWNER ACCEPTS RESPONSIBILITY FOR DRAINAGE
OVERLAND AND ACKNOWLEDGES MAINTENANCE RESPONSIBILITY (IN PERPETUITY).
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT
BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUJECT
PROPERTY UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES
ARE AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS
AND WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY.
PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE PARK IN
LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF CARLSBAD
PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR PRIOR
TO SALE OF THE SUBDIVISION PROPERTY WHICH EVER OCCURS FIRST. THE
SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF
CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF FEES SHALL
BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR SALE.
THIS SUBDIVISlON CONTAINS A REMAINDER PARCEL PURSUANT TO SECTION
20.04.120 OF THE CARLSBAD MUNICIPAL CODE, BUILDING PERMITS SHALL NOT
BE ISSUED FOR SUCH PARCEL UNTIL IT IS FURTHER SUBDIVIDED.
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING
PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19
LOCAL FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN
CONFORMANCE WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED ON
DECEMBER 8, 1987, AND ANY AMENDMENTS THERETO. THE BUILDING PERMITS
WHEN ISSUED WILL BE SUJECT TO ANY FEES, OTHER CONDITIONS OR
REQUIREMENTS IMPOSED AS A PART OF THAT PLAN.
THIS PROJECT IS APPROVED ON THE EXPRESS CONDITION THAT PRIOR TO
THE SALE OR DEVELOPMENT OF ANY PROPERTY OR BUILDING PERMIT, PARKING
AND DRAINAGE AGREEMENT SHALL BE ESTABLISHED FOR LOTS 87 THROUGH 91
BY THE SUBDIVIDER AND APPROVED BY THE CITY OF CARLSBAD.
55. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION
SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO
1177466 PAGE 14
~. ~ TICOR TITdt: INSURANCE~
THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE
GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO. 12410 STREET AFFECTED ALGA ROAD ADJACENT & CONTIGUOUS TO LOTS 87, 89,
90 AND 91 EXCEPTING THEREFROM ACCESS OPENINGS
NO . 1 AND NO . 2
56. AN
STATED
MAP FOR
AFFECTS
57. AN
STATED
MAP
FC1
AFFECTS
58. AN
STATED
MAP
FOR
AFFECTS
59. AN
STATED
MAP
FOR
AFFECTS
60. AN
STATED
MAP
FOR
AFFECTS
61. AN
STATED
MAP
FOR
AFFECTS
62. AN
STATED
MAP
FOR
AFFECTS
63. AN
STATED
MAP
FOR
AFFECTS
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12410 GENERAL UTILITY AND ACCESS
LOTS 87, 90 AND 91
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12410
25' SEWER
LOTS 87 AND 89
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12410
15' SEWER
LOT 90
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12410
WATER
LOT 87
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12410
15' DRAINAGE
LOT 87
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12410
SIGHT CORRIDOR
LOTS 87 AND 89
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12410
OPEN SPACE
LOTS 88 AND 89
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12410
PRIVATE ROAD
LOT 87
64. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP
OF THE SUBDIVISION SHOWN BELOW
1177466 PAGE 15
.....--~ (UJ TICOR TITLf INSURANCE-----11
MAP NO.
PROVISIONS
12411
AS FOLLOWS:
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE
SALE, LEASE OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS SUBDIVISION A WRITTEN AGREEMENT PURSUANT TO CARLSBAD MUNICIPAL CODE SECTION
21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED.
THE OWNER ACCEPTS RESPONSIBILITY FOR OVERLAND DRAINAGE AND
ACKNOWLEDGES MAINTENANCE RESPONSIBILITY (IN PERPETUITY).
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING
PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY
UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE
AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND WILL
CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY.
PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE
PARK-IN-LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF
CARLSBAD PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR
PRIOR TO SALE OF THE SUBDIVIDED PROPERTY WHICHEVER OCCURS FIRST. THE
SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF
CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF THE FEES
SHALL BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR
SALE.
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING
PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19 LOCAL
FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN CONFORMANCE
WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED DECEMBER 22, 1987, AND
ANY AMENDMENTS THERETO.
THE BUILDING PERMITS WHEN ISSUED WILL BE SUBJECT TO ANY FEES, OTHER
CONDITIONS OR REQUIREMENTS IMPOSED AS A PART OF THAT PLAN.
65. AN
STATED
MAP
FOR
AFFECTS
66. AN
STATED
MAP
FOR
AFFECTS
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12411
DRAINAGE
LOTS 92, 93, 96, 97, 98, 99, 100, AND 200
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR
12411
SEWER
LOT 100
THE PURPOSES
DEDICATED ON
67. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION
SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO
THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE
GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO. 12411
STREET AFFECTED LOTS 92, 93, 95, 96, 98, 227 AND 228 EXCEPT THOSE
PORTIONS SHOWN AS "ACCESS OPENINGS", ADJACENT &
CONTIGUOUS TO ALGA ROAD
68. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION
1177466 PAGE 16
~ (gj TICOR TITI: INSURANCE-----l
SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO
THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE
GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO. 12411 STREET AFFECTED LOTS 96 AND 97 ADJACENT AND CONTIGUOUS TO
BATIQUITOS DRIVE
69. AN
STATED
MAP
FOR
AFFECTS
70. AN
STATED
MAP
FOR
AFFECTS
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12411 OPEN SPACE
LOTS 95, 99, 100, 155, 200, 227, 228, 229, 142, 143, 144
AND 145
EASEMENT AFFECTING A PORTION OF SAID LAND AND
HEREIN, AND INCIDENTAL PURPOSES, SHOWN
12411
SIGHT CORRIDOR
LOTS 92 AND 227
FOR THE PURPOSES
OR DEDICATED ON
71. AN OFFER OF DEDICATION TO PUBLIC USE OF A PORTION OF SAID LAND.
SAID OFFER WAS REJECTED ON SAID MAP, BUT IS SUBJECT TO FUTURE
ACCEPTANCE UNDER THE PROVISIONS OF SECTION NUMBER 66477.2 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
DESIGNATED ON MAP NO.: 12411 AS PORTION OF LOT 97 DEDICATED HEREON TO THE
PUBLIC FOR STREET PURPOSES
AFFECTS LOT 97 AS SHOWN IN SAID MAP
72. AN
STATED
MAP
FOR
AFFECTS
73. AN
STATED
MAP
FOR
AFFECTS
74. AN
STATED
MAP
FOR
AFFECTS
75. AN
STATED
MAP
FOR
AFFECTS
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOS~S
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12411 GENERAL UTILITY AND ACCESS EASEMENT
LOT 97
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12411
45 1 SEWER AND DRAINAGE EASEMENT
LOTS 100, 106 AND 107
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12411
CLEAR SPACE AND SIGHT DISTANCE
LOT 126
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12411 DRAINAGE, GENERAL UTILITY AND ACCESS EASEMENT FOR SEWER
PUMP STATION AND DETENTION BASIN PURPOSES
LOTS 123 THROUGH 127 INCLUSIVE
76. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP 12411
1177466 PAGE 17
.---_> (gJ TICOR TIT. INSURANCE~
FOR : PRIVATE OPEN SPACE LOT
AFFECTS : LOTS 94 AND 176
77. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP
OF THE SUBDIVISION SHOWN BELOW
MAP NO. 12411 PROVISIONS BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE PUD
PLANS FOR PLANNING AREAS 4, 8 AND 14 ARE APPROVED BY
THE CITY PLANNING COMMISSION. THIS EFFECTS LOTS 128
THROUGH 226 INCLUSIVE.
78. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP
OF THE SUBDIVISION SHOWN BELOW
MAP NO. 12412
PROVISIONS AS FOLLOWS:
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE
SALE, LEASE OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS SUBDIVISION A
WRITTEN AGREEMENT PURSUANT TO CARLSBAD MUNICIPAL CODE SECTION
21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED.
THE OWNER ACCEPTS RESPONSIBILITY FOR DRAINAGE OVERLAND AND
ACKNOWLEDGES MAINTENANCE RESPONSIBILITY (IN PERPETUITY).
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING
PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY
UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE
AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND WILL
CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY.
PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE
PARK-IN-LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF
CARLSBAD PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR
PRIOR TO SALE OF THE SUBDIVIDED PROPERTY WHICHEVER OCCURS FIRST. THE
SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF
CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF THE FEES
SHALL BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR
SALE.
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING
PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19 LOCAL
FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN CONFORMANCE
WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED ON DECEMBER 22, 1987,
AND ANY AMENDMENTS THERETO.
THE BUILDING PERMITS WHEN ISSUED WILL BE SUBJECT TO ANY FEES, OTHER
CONDITIONS OR REQUIREMENTS IMPOSED AS A PART OF THAT PLAN.
79. AN
STATED
MAP
FOR
AFFECTS
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12412 4' GENERAL UTILITY
LOTS 233 THROUGH 302 INCLUSIVE
80. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
MAP 12412
1177466 PAGE 18
.---,, ~ TICOR TITl.a INSURANCE----
FoR : GENERAL UTILITY AND ACCESS
AFFECTS : LOT 303
81. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION
SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO
THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE
GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO. 12412 STREET AFFECTED ALGA ROAD ADJACENT AND CONTIGUOUS TO LOT 230
82. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION
SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO
THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE
GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO. 12412 STREET AFFECTED BATIQUITOS DRIVE ADJACENT AND CONTIGUOUS TO LOT
229
83. AN
STATED
MAP
FOR
AFFECTS
84. AN
STATED
MAP
FOR
AFFECTS
85. AN
STATED
MAP
FOR
AFFECTS
EASEMENT AFFECTING A PORTION OF SAID LAND AND
HEREIN, AND INCIDENTAL PURPOSES, SHOWN
12412 OPEN SPACE
LOTS 231 AND 232
FOR THE PURPOSES
OR DEDICATED ON
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12412
PRIVATE STREET
LOT 303
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12412
DRAINAGE AND ACCESS
LOTS 229 AND 232
86. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP
OF THE SUBDIVISION SHOWN BELOW
MAP NO. 12413
PROVISIONS AS FOLLOWS:
BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE PUD PLANS FOR PLANNING
AREAS 4, 8 AND 14 ARE APPROVED BY THE CITY PLANNING COMMISSION. THIS
EFFECTS LOTS 310 THROUGH 361 INCLUSIVE.
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE
SALE, LEASE OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS SUBDIVISION A
WRITTEN AGREEMENT PURSUANT TO CARLSBAD MUNICIPAL CODE SECTION
21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED.
THE OWNER ACCEPTS RESPONSIBILITY FOR OVERLAND DRAINAGE AND
ACKNOWLEDGES MAINTENANCE RESPONSIBILITY (IN PERPETUITY).
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING
PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY
UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE
AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND WILL
1177466 PAGE 19
.---, ~ TICOR TITl.a INSURANCE---1
CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY.
PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE
PARK-IN-LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF
CARLSBAD PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR
PRIOR TO SALE OF THE SUBDIVIDED PROPERTY WHICHEVER OCCURS FIRST. THE
SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF
CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF THE FEES
SHALL BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR
SALE.
THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING
PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19 LOCAL
FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN CONFORMANCE
WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED DECEMBER 22, 1987, AND
ANY AMENDMENTS THERETO.
THE BUILDING PERMITS WHEN ISSUED WILL BE SUBJECT TO ANY FEES, OTHER
CONDITIONS OR REQUIREMENTS IMPOSED AS A PART OF THAT PLAN.
87. AN
STATED
MAP
FOR
AFFECTS
88. AN
STATED
MAP
FOR
AFFECTS
89. AN
STATED
MAP
FOR
AFFECTS
90. AN
STATED
MAP
FOR
AFFECTS
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12413
DRAINAGE AND ACCESS
LOT 304
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12413
SEWER
LOTS 304, 305, 308 AND 309
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12413
WATER
LOT 307
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12413 GENERAL UTILITIES AND ACCESS
LOTS 305, 306 AND 308
91. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION
SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO
THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE
GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO. 12413 STREET AFFECTED ALGA ROAD ADJACENT AND CONTIGUOUS TO LOT 304
92. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION
SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO
THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE
GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO. 12413 STREET AFFECTED BATIQUITOS DRIVE ADJACENT AND CONTIGUOUS TO LOTS
1177466 PAGE 20
:, ~ TICOR TIT. INSURANCE---l
310, 353, 354, 355, 356, 357, 358, 359, 360 AND
361
93. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION
SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO
THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE
GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO. 12413 STREET AFFECTED AVIARA DRIVE (PRIVATE) ADJACENT AND CONTIGUOUS TO
LOTS 324 AND 325
94. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION
SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO
THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE
GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO. 12413 STREET AFFECTED AVIARA DRIVE ADJACENT AND CONTIGUOUS TO LOTS 325,
95. AN
STATED
MAP
FOR
AFFECTS
96. AN
STATED
MAP
FOR
AFFECTS
97. AN
STATED
MAP
FOR
AFFECTS
98. AN
STATED
MAP
FOR
AFFECTS
99. AN
STATED
MAP
FOR
AFFECTS
326, 350, 351, 352 AND 353
EASEMENT AFFECTING A PORTION OF SAID LAND AND
HEREIN, AND INCIDENTAL PURPOSES, SHOWN
12413
FOR THE PURPOSES
OR DEDICATED ON
OPEN SPACE
LOTS 306 AND 307
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12413
SIGHT CORRIDOR
LOTS 304 AND 310
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12413 PRIVATE OPEN SPACE LOT
LOT 316
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON
12413 CLEAR SPACE AND SIGHT DISTANCE .
LOTS 330, 334, 335, 341, 343 AND 361
EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR
HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR
12413
DRAINAGE
LOTS 305 AND 308
THE PURPOSES
DEDICATED ON
100. COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION
OF RESTRICTIONS EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP
RECORDED JULY 5, 1989, RECORDER'S FILE NO. 89-354659
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
1177466 PAGE 21
--~ ~ TICOR r1ra: INSURANCE-1
IT ALSO PROVIDES THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER
INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH
AND FOR VALUE.
THE RIGHT TO LEVY CERTAIN CHARGES OR ASSESSMENTS AGAINST SAID LAND
WHICH SHALL BECOME A LIEN IF NOT PAID, AS THEREIN SET FORTH, CONFERRED
UPON AVIARA MASTER ASSOCIATION, A CALIFORNIA NON-PROFIT MUTUTAL
BENEFIT CORPORATION
THE ABOVE MENTIONED COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE
THAT THE ASSESSMENT LIENS PROVIDED FOR THEREIN SHALL BE SUBORDINATE
TO THE LIEN OF ANY FIRST MORTGAGE UPON ANY LOT.
101. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DEED EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
RECORDED JULY 25, 1989, RECORDER'S FILE NO. 89-390102
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
SAID MATTER AFFECTS:
PARCEL G
102. AN AGREEMENT
DATED
BY AND BETWEEN
REGARDING
RECORDED
TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
JUNE 30, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP, AND RDC DEVCO II
LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP
OPTION TO REPURCHASE
JULY 25, 1989, RECORDER'S FILE NO. 89-390103
SAID MATTER AFFECTS:
PARCEL G
SAID AGREEMENT HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS
PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED : JULY 25, 1989, RECORDER'S FILE NO. 89-390108
SUBORDINATED TO: OPTION AGREEMENT AND CONDITIONS TO GRANT
RECORDED JULY 25, 1989, RECORDER'S FILE NO. 89-390103
103. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL
OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY
OTHER OBLIGATIONS THEREIN CONTAINED.
DEED OF TRUST DATED JUNE 30, 1989 TRUSTOR RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP
TRUSTEE TICOR TITLE INSURANCE COMPANY OF CALIFORNIA,
A CALIFORNIA CORPORATION
BENEFICIARY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
RECORDED JULY 25, 1989, RECORDER'S FILE NO. 89-390104
SAID MATTER AFFECTS:
PARCEL G
1177466 PAGE 22
~ fl1j TICOR TIT9: INSURANCE--1
SAID DEED OF
REFERRED TO IN
DATED
EXECUTED BY
RECORDED
SUBORDINATED TO
RECORDED
104. A DEED OF
STATED HEREIN
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
JUNE 29, 1989
RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP, AVIARA LAND ASSOCIATES
LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP, AND CITICORP REAL ESTATE, INC., A
DELAWARE CORPORATION JULY 25, 1989, RECORDER'S FILE NO. 89-390107
MARKETING AGREEMENT AND DEED OF TRUST
JULY 25, 1989, RECORDER'S FILE NO. 89-390104
TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
JUNE 29, 1989
$27,100,000.00 RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A
CALIFORNIA CORPORATION
CITICORP REAL ESTATE, INC., A DELAWARE CORPORATION
JULY 25, 1989, RECORDER'S FILE NO. 89-390105
SAID MATTER AFFECTS:
PARCEL G
AN ASSIGNMENT OF SALES CONTRACTS AND DEPOSITS, AS ADDITIONAL
SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY THE
DEED OF TRUST INSURED HEREIN, WHICH ASSIGNMENT WAS
EXECUTED BY RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP
TO CITICORP REAL ESTATE, INC., A DELAWARE
CORPORATION
RECORDED JULY 25, 1989, RECORDER'S FILE NO. 89-390106
105. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DEED
EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
RECORDED JULY 25, 1989, RECORDER'S FILE NO. 89-390111
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
106. AN AGREEMENT
DATED
BY AND BETWEEN
REGARDING
RECORDED
TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
JUNE 30, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP
OPTION TO REPURCHASE JULY 25, 1989, RECORDER'S FILE NO. 89-390112
SAID MATTER AFFECTS:
PARCEL H
107. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
STATED HEREIN DATED JUNE 30, 1989
1177466 PAGE 23
. ~--~ (!1J TICOR TIT. INSURANCE--1
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
$2,250,000.00
RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A
CALIFORNIA CORPORATION
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP JULY 25, 1989, RECORDER'S FILE NO. 89-390113
SAID MATTER AFFECTS:
PARCEL H
THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED
TO FIRST INTERSTATE BANK OF CALIFORNIA, A
CALIFORNIA CORPORATION
BY ASSIGNMENT DATED: JULY 24, 1989
RECORDED JULY 25, 1989, RECORDER'S FILE NO. 89-390115
108. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL
OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY OTHER OBLIGATIONS THEREIN CONTAINED.
DEED OF TRUST DATED JUNE 30, 1989 TRUSTOR RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP
TRUSTEE TICOR TITLE INSURANCE COMPANY OF CALIFORNIA,
A CALIFORNIA CORPORATION
BENEFICIARY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
RECORDED JULY 25, 1989, RECORDER'S FILE NO. 89-390114
SAID MATTER AFFECTS:
PARCEL H
109. 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 : 'AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP
FOR (A) TO CONSTRUCT, INSTALL, MAINTAIN AND REPAIR IN THE DEDICATED PROPERTY TRAILS, PICNIC BENCHES, SLOPES,
WALLS, FENCES, EROSION CONTROL DEVICES AND SUCH OTHER
FACILITIES AS ARE CONSISTENT WITH THE USE OF THE
DEDICATED PROPERTY AS OPEN SPACE LAND.
1177466
(B) TO INSTALL LANDSCAPING AND DRAINAGE AND
IRRIGATION FACILITIES IN THE DEDICATED PROPERTY AND
ENTER UPON THE DEDICATED PROPERTY FOR THE PURPOSE OF
MAINTAINING, RESTORING AND REPLACING SUCH LANDSCAPING
AND DRAINAGE AND IRRIGATION FACILITIES.
(C) TO ENTER UPON THE DEDICATED PROPERTY TO TRIM AND
MAINTAIN TREES.
(D) TO ENTER UPON THE DEDICATED PROPERTY TO THIN AND
REMOVE VEGETATION AND UNDERBRUSH.
(E) TO DEDICATE EASEMENTS OVER THE DEDICATED PROPERTY
PAGE 24
. -: ~ !IJ TICOR TIT. INSURANCE------!
RECORDED
AFFECTS
FOR THE PURPOSES OF INSTALLATION, OPERATION,
MAINTENANCE AND REPAIR OF PUBLIC UTILITIES.
(F) TO ENTER UPON THE DEDICATED PROPERTY FOR THE
PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND
REPAIR OF PUBLIC UTILITIES JULY 28, 1989, RECORDER'S FILE NO. 89-399349
PARCEL C AS SET FORTH IN SAID DOCUMENT
110. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DEED
EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
RECORDED JULY 28, 1989, RECORDER'S FILE NO. 89-399349
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
SAID MATTER AFFECTS:
PARCEL C
111. AN AGREEMENT
DATED
TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
JUNE 30, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND DAVIDSON COSCAN
PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP
OPTION TO REPURCHASE
BY AND BETWEEN
REGARDING
RECORDED JULY 28, 1989, RECORDER'S FILE NO. 89-399350
SAID MATTER AFFECTS:
PARCEL C
112. A DEED OF
STATED HEREIN
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
JUNE 30, 1989
$8,160,000.00 DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL
PARTNERSHIP TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A
CALIFORNIA CORPORATION AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP JULY 28, 1989, RECORDER'S FILE NO. 89-399351
SAID MATTER AFFECTS:
PARCEL C
THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO FIRST INTERSTATE BANK OF CALIFORNIA, A
CALIFORNIA CORPORATION
BY ASSIGNMENT DATED: JULY 1989 RECORDED JULY 28, 1989, RECORDER'S FILE NO. 89-399353
113. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL
OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY
OTHER OBLIGATIONS THEREIN CONTAINED.
DEED OF TRUST DATED JUNE 30, 1989 TRUSTOR DAVIDSON COSCAN PARTNERS, A CALIFORNIA
1177466 PAGE 25
. _, ~· (gj TICOR TITa: INSURANCE----
TRUSTEE
BENEi-... CIARY
RECORDED
GENERAL PARTNERSHIP
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA,
A CALIFORNIA.CORPORATION
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
JULY 28, 1989, RECORDER'S FILE NO. 89-399352
SAID MATTER AFFECTS:
PARCEL C
114. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DEED
EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PART~cRSHIP, A
DELAWARE LIMITED PARTNERSHIP
RECORDED JULY 28, 1989, RECORDER'S FILE NO. 89-399356
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
SAID MATTER AFFECTS:
PARCEL K
115. 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 : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP FOR (A) TO CONSTRUCT, INSTALL, MAINTAIN AND REPAIR IN THE
DEDICATED PROPERTY TRAILS, PICNIC BENCHES, SLOPES,
WALLS, FENCES, EROSION CONTROL DEVICES AND SUCH OTHER
FACILITIES AS ARE CONSISTENT WITH THE USE OF THE
DEDICATED PROPERTY AS OPEN SPACE LAND.
RECORDED
AFFECTS
(B) TO INSTALL LANDSCAPING AND DRAINAGE AND
IRRIGATION FACILITIES IN THE DEDICATED PROPERTY AND
ENTER UPON THE DEDICATED PROPERTY FOR THE PURPOSE OF
MAINTAINING, RESTORING AND REPLACING SUCH LANDSCAPING
AND DRAINAGE AND IRRIGATION FACILITIES.
(C) TO ENTER UPON THE DEDICATED PROPERTY TO TRIM AND
MAINTAIN TREES.
(D) TO ENTER UPON THE DEDICATED PROPERTY TO THIN AND
REMOVE VEGETATION AND UNDERBRUSH.
(E) TO DEDICATE EASEMENTS OVER THE DEDICATED PROPERTY
FOR THE PURPOSES OF INSTALLATION, OPERATION,
MAINTENANCE AND REPAIR OF PUBLIC UTILITIES.
(F) TO ENTER UPON THE DEDICATED PROPERTY FOR THE
PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND
REPAIR OF PUBLIC UTILITIES ·
JULY 28, 1989, RECORDER'S FILE NO. 89-399356
PARCEL K AS SET FORTH THEREIN
116. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED JUNE 30, 1989 BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
1177466 PAGE 26
• ..--_, J ~ TICOR TIT. INSURANCE____,
REGARDING
RECORDED
DELAWARE LIMITED PARTNERSHIP AND DAVIDSON COSCAN
PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP
OPTION TO REPURCHASE
JULY 28, 1989, RECORDER'S FILE NO. 89-399357
SAID MATTER AFFECTS:
PARCEL K
117. A DEED OF
STATED HEREIN
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
JUNE 30, 1989
$6,311,250.00 DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL
PARTNERSHIP TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A
CALIFORNIA CORPORATION AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP
JULY 28, 1989, RECORDER'S FILE NO. 89-399358
SAID MATTER AFFECTS:
PARCEL K
THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED
TO FIRST INTERSTATE BANK OF CALIFORNIA, A
CALIFORNIA CORPORATION
BY ASSIGNMENT DATED: JULY 1989 RECORDED JULY 28, 1989, RECORDER'S FILE NO. 89-399360
118. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL
OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY
OTHER OBLIGATIONS THEREIN CONTAINED. DEED OF TRUST DATED JUNE 30, 1989 TRUSTOR DAVIDSON COSCAN PARTNERS, A CALIFORNIA
GENERAL PARTNERSHIP
TRUSTEE TICOR TITLE INSURANCE COMPANY OF CALIFORNIA,
A CALIFORNIA CORPORATION
BENEFICIARY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
RECORDED JULY 28, 1989, RECORDER'S FILE NO. 89-399359
SAID MATTER AFFECTS:
PARCEL K
119. 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, A PUBLIC AGENCY
ORGANIZED IN THE STATE OF CALIFORNIA, ITS SUCCESSORS
AND ASSIGNS FOR THE CONSTRUCTION, OPERATION, REPAIR, RECONSTRUCTION
AND ALL ACTIVITIES NECESSARY TO CONSTRUCT,
RECONSTRUCT, OPERATE, MAINTAIN AND REPAIR FACILITIES
DESIGNED FOR THE GENERAL PURPOSE OF COLLECTING,
STORING, TRANSPORTING, PUMPING AND TREATING ALL WATER,
INCLUDING SURFACE WATER, STREAM WATER, FLOOD WATER AND
GROUND WATER FLOWING INTO SAID FACILITIES, AND ALL
1177466 PAGE 27
, ,---., )'-(g) TICOR TIT. INSURANCE~
NATURAL AND ARTIFICIAL DRAINAGE DITCHES AND STRUCTURES
OF ANY KIND, WHETHER ABOVE OR BELOW THE SURFACE OF THE
GROUND. RECORDED AUGUST 7, 1989, RECORDER'S FILE NO. 89-419898
AFFECTS PARCEL A AS SET FORTH THEREIN
120. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DEED
EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
RECORDED AUGUST 17, 1989, RECORDER'S FILE NO. 89-440103
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
SAID MATTER AFFECTS:
PARCEL E
121. 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 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP FOR (A) TO CONSTRUCT, INSTALL, MAINTAIN AND REPAIR IN THE
DEDICATED PROPERTY TRAILS, PICNIC BENCHES, SLOPES,
WALLS, FENCES, EROSION CONTROL DEVICES AND SUCH OTHER
FACILITIES AS ARE CONSISTENT WITH THE USE OF THE
DEDICATED PROPERTY AS OPEN SPACE LAND.
RECORDED
AFFECTS
(B) TO INSTALL LANDSCAPING AND DRAINAGE AND
IRRIGATION FACILITIES IN THE DEDICATED PROPERTY AND
ENTER UPON THE DEDICATED PROPERTY FOR THE PURPOSE OF
MAINTAINING, RESTORING AND REPLACING SUCH LANDSCAPING
AND DRAINAGE AND IRRIGATION FACILITIES.
(C) TO ENTER UPON THE DEDICATED PROPERTY TO TRIM AND
MAINTAIN TREES.
(D) TO ENTER UPON THE DEDICATED PROPERTY TO THIN AND
REMOVE VEGETATION AND UNDERBRUSH.
(E) TO DEDICATE EASEMENTS OVER THE DEDICATED PROPERTY
FOR THE PURPOSES OF INSTALLATION, OPERATION,
MAINTENANCE AND REPAIR OF PUBLIC UTILITIES.
(F) TO ENTER UPON THE DEDICATED PROPERTY FOR THE
PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND
REPAIR OF PUBLIC UTILITIES AUGUST 17, 1989, RECORDER'S FILE NO. 89-440103
PARCEL E AS SET FORTH THEREIN
122. AN AGREEMENT
DATED
TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
AUGUST 10, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND LYON COMMUNITIES
INC., A CALIFORNIA CORPORATION
BY AND BETWEEN
REGARDING
RECORDED
1177466
OPTION TO REPURCHASE AUGUST 17, 1989, RECORDER'S FILE NO. 89-440104
PAGE 28
. ,, ,_ ~ TICOR TIT. INSURANCE--
SAID MATTER AFFECTS:
PARCEL E
123. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL
OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY
OTHER OBLIGATIONS THEREIN CONTAINED.
DEED OF TRUST DATED AUGUST 10, 1989 TRUSTOR LYON COMMUNITIES INC., A CALIFORNIA
CORPORATION TRUSTEE TICOR TITLE INSURANCE COMPANY OF CALIFORNIA,
A CALIFORNIA CORPORATION
BENEFICIARY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
RECORDED AUGUST 17, 1989, RECORDER'S FILE NO.
89-440105
SAID MATTER AFFECTS:
PARCEL E
124. A DEED OF
STATED HEREIN
DATED
TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
AUGUST 10, 1989
AMOUNT
TRUSTOR
TRUSTEE
$8,700,000.00
BENEFICIARY
RECORDED
LYON COMMUNITIES INC., A CALIFORNIA CORPORATION
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A
CALIFORNIA CORPORATION AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP AUGUST 17, 1989, RECORDER'S FILE NO. 89-440106
SAID MATTER AFFECTS:
PARCEL E
THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO FIRST INTERSTATE BANK OF CALIFORNIA, A
CALIFORNIA CORPORATION
..
BY ASSIGNMENT DATED: AUGUST 10, 1989 RECORDED AUGUST 17, 1989, RECORDER'S FILE NO. 89-440107
A. CODE AREA
PARCEL NO.
1177466
NOTES
09133 214-170-51, 215-040-02-01, 215-040-02-02
215-040-15, 215-040-16, 215-050-14
215-051-10, 215-070-05-01, 215-070-05-02
215-080-02, 216-111-01, 216-111-03
216-111-04, 216-150-06, 216-150-07
PAGE 29
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
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 DIEGO 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 1 21" WEST 228.23 FEET;
NORTH 00°43 1 21" WEST 788.21 FEET; NORTH 00°30 1 45" EAST 1357.73 FEET;
SOUTH 89°08 1 32 11 EAST 1358.19 FEET; NORTH 23°18 1 51" EAST 156.92 FEET;
SOUTH 83°50 1 41" EAST 182.99 FEET; NORTH 63°51 1 06" EAST 118.55 FEET;
NORTH 46°13 1 35" EAST 66.99 FEET; NORTH 21°20 1 05" EAST 79.07 FEET;
NORTH 14°41 1 15" WEST 271.95 FEET; NORTH 26°25 1 20 11 WEST 112.93 FEET;
NORTH 44°11 1 08'' WEST 189.02 FEET; NORTH 36°541 21" WEST 80.99 FEET;
NORTH 17°22 1 08 11 WEST 96.53 FEET; NORTH 07°57 1 57 11 WEST 108.47 FEET;
NORTH 03°51 1 41" EAST 180.95 FEET; NORTH 35°35 1 33" WEST 142.04 FEET;
NORTH 00°34 1 18 11 EAST 2716.14 FEET; SOUTH 86°58 1 38 11 EAST 1318.67 FEET;
NORTH 01°49 1 19 11 WEST 331.07 FEET; SOUTH 86°57 1 12" EAST 660.57 FEET;
SOUTH 01°36 1 47 11 EAST 330.69 FEET; SOUTH 00°06 1 50 11 WEST 1340.75 FEET;
SOUTH 87°30 1 08 11 EAST 662.65 FEET; SOUTH 87°32 1 14" EAST 662.56 FEET;
1177466 PAGE 30
••• f' ~ TICOR TIT. INSURANCE~ . .
NORTH 00°12'09" WEST 1328.52 FEET; SOUTH 86°58 1 17" EAST 659.12 FEET;
NORTH 00°41'54" WEST 2434.07 FEET; SOUTH 89°28 1 30" EAST 1370.33 FEET;
SOUTH 00°33'25" WEST 2491.10 FEET; SOUTH 00°42 1 22" EAST 2294.99 FEET;
SOUTH 89°19 1 14" EAST 1334.44 FEET; SOUTH 00°21 1 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 1 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; AND SOUTH 00°42'22" EAST 655.68
FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE
1 -UNIT "A" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12409 FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989;
ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVIARA
PHASE 1 -UNIT "B" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12410 FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989;
ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVIARA
PHASE 1 UNIT "C", IN THE CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989;
ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVIARA
PHASE I -UNIT "D", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12412, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989;
ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35 PHASE
1 -UNIT "E" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989;
ALSO EXCEPTING THEREFROM THAT PORTION OF SECTION 22, 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 AS SHOWN ON RECORD OF SURVEY NO. 10774, RECORDED
OCTOBER 30, 1986 AS FILE NO. 86-494180, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE ALONG
THE EASTERLY LINE OF SAID SECTION 22, NORTH 00°33'25" EAST, 1634.46
FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY
LINE, SOUTH 89°46'56" WEST, 678.27 FEET; THENCE SOUTH 44°18'06'' WEST,
124.45 FEET; THENCE SOUTH 89°18'06" WEST, 566.00 FEET; THENCE NORTH
19°52'40'' EAST, 92.87 FEET; THENCE NORTH 45°10'21" WEST, 54.44 FEET;
THENCE NORTH 13°28'04" EAST, 60.92 FEET; THENCE NORTH 00°22'40'' WEST,
320.06 FEET; THENCE NORTH 12°18'08" WEST, 92.73 FEET; THENCE NORTH
50°59'09" EAST, 201.72 FEET; THENCE NORTH 14°03'08" WEST, 251.61 FEET
TO A POINT ON THE NORTHERLY LINE OF SAID RECORD OF SURVEY NO. 10774;
THENCE SOUTH 89°28'30" EAST, 322.59 FEET; THENCE LEAVING SAID
1177466 PAGE 31
, .. -~ .f-JJ TICOR TIT. INSURANCE____,
NORTHERLY LINE SOUTH 00°43 1 00" EAST, 121.77 FEET; THENCE SOUTH
49°41 1 33" WEST, 50.16 FEET; THENCE SOUTH 10°13 1 08" WEST, 45.76 FEET;
THENCE SOUTH 34°30 1 47" EAST, 34.62 FEET; THENCE SOUTH 62°22 1 17" EAST,
25.68 FEET; THENCE SOUTH 19°35 1 24" WEST, 109.22 FEET; THENCE NORTH
75°32 1 32" EAST, 110.78 FEET; THENCE NORTH 35°50 1 10" EAST, 100.96 FEET;
THENCE SOUTH 82°53 1 54" EAST, 31.50 FEET; THENCE NORTH 56°01 1 44" EAST,
225.45 FEET; THENCE NORTH 43°54 1 35" EAST, 93.91 FEET; THENCE NORTH
73°18 1 15" EAST, 133.63 FEET TO A POINT ON THE NORTHERLY LINE OF SAID
RECORD OF SURVEY NO. 10774, THENCE ALONG SAID NORTHERLY LINE, SOUTH
89°28 1 30" EAST, 135.92 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH
52°45 1 54" EAST, 325.96 FEET TO A POINT ON THE EASTERLY LINE OF SAID
SECTION 22; THENCE ALONG SAID EASTERLY LINE, SOUTH 00°33 1 25" WEST,
661.79 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THOSE PORTIONS OF THE SOUTH ONE HALF OF THE
SOUTH ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26,
TOGETHER WITH A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 27, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH ONE HALF OF THE SOUTH
ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
26; THENCE ALONG THE EASTERLY LINE THEREOF, SOUTH 00°21 1 21" EAST
293.56 FEET TO A POINT ON A NON-TANGENT 1151.00 FOOT RADIUS CURVE,
CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 04°10 1 50"
WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
39°32 1 20" A DISTANCE OF 794.28 FEET TO THE BEGINNING OF A REVERSE
20.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE BEARS SOUTH
43°43 1 10" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 87°33 1 10" A DISTANCE OF 30.56 FEET; THENCE TANGENT TO SAID
CURVE, NORTH 46°10 1 00" WEST 95.89 FEET TO THE BEGINNING OF A TANGENT
430.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°46 1 00" A DISTANCE OF
73.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 55°56 1 00" WEST 416.30
FEET TO THE BEGINNING OF A TANGENT 320.00 FOOT RADIUS CURVE, CONCAVE
EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
55°13'38" A DISTANCE OF 308.45 FEET; THENCE TANGENT TO SAID CURVE,
NORTH 00°42 1 22" WEST 18.83 FEET TO THE WESTERLY PROLONGATION OF THE
NORTHERLY LINE OF SAID SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE TO AND ALONG
SAID NORTHERLY LINE, SOUTH 89°19 1 14" EAST 1349.44 FEET TO THE POINT OF
BEGINNING.
PARCEL B:
LOTS 1 THROUGH 11 INCLUSIVE OF CITY OF CARLSBAD TRACT 85-35,
AVIARA PHASE 1 -UNIT A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12409, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989.
PARCEL C:
LOTS 12 THROUGH 83 INCLUSIVE, OF CITY OF CARLSBAD TRACT 85-35, AVIARA
1177466 PAGE 32
•• r-~ TICOR TIT. INSURANCE---'
PHASE 1 -UNIT A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12409, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989.
EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS,
NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER
NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER 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 AND 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
SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE
THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE
PROPERTY.
PARCEL D:
LOTS 87 THROUGH 91 INCLUSIVE, OF CITY OF CARLSBAD TRACT 85-35, AVIARA
PHASE 1 -UNIT B, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12410, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989.
PARCEL E:
LOTS 92 AND 93 OF THE CITY OF CARLSBAD TRACT 85-35 AVIARA PHASE I UNIT
C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989.
EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER
NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER 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 AND 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
SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE,
WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE
THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE
PROPERTY.
PARCEL F:
1177466 PAGE 33
I
~ .. -~ ~ TICOR TITtl INSURANCE-..
LOTS 94 THROUGH 100 INCLUSIVE, LOTS 115, 116, 123 THROUGH 127
INCLUSIVE, LOTS 227, 228 AND 229 OF CITY OF CARLSBAD TRACT 85-35,
AVIARA PHASE I UNIT C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989.
PARCEL G:
LOTS 128 THROUGH 226 INCLUSIVE, OF CITY OF CARLSBAD· TRACT 85-35,
AVIARA PHASE I-UNIT C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, NO. 12411, FitED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989.
EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS,
NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER
NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER 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 AND 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
SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE,
WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE
THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE
SUBSURFACE OF THE PROPERTY, AS RESERVED BY DOCUMENT RECORDED
JULY 25, 1989, RECORDER 1 S FILE NO. 89-390102.
PARCEL H:
LOTS 101 THROUGH 114 INCLUSIVE AND LOTS 117 THROUGH 122 INCLUSIVE,
OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I UNIT C, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, JUNE 29, 1989.
EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS,
NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER
NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER 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 AND 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
SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE,
WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE
THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE
PROPERTY.
1177466 PAGE 34
~ ,1 _ft (gj TICOR TIT~ INSURANCE___,
•' •
PARCEL I:
LOTS 229 THROUGH 303 INCLUSIVE OF CITY OF CARLSBAD TRACT 85-35, AVIARA
PHASE I -UNIT "D", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12412, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989.
PARCEL J:
LOTS 304 THRUOGH 309 INCLUSIVE, OF CITY OF CARLSBAD TRACT 85-35,
AVIARA PHASE I UNIT "E", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989.
PARCEL K:
LOTS 310 THROUGH 361, INCLUSIVE, OF CITY OF CARLSBAD TRACT 85-35,
AVIARA PHASE 1 UNIT "E", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989.
EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS,
NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER
NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER 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 AND 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
SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE,
WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE
THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE
PROPERTY.
PARCELL:
THAT PORTION OF SECTION 22, 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 AS SHOWN ON
RECORD OF SURVEY NO. 10774, RECORDED OCTOBER 30, 1986 AS FILE NO.
86-494180, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE ALONG
THE EASTERLY LINE OF SAID SECTION 22, NORTH 00°33'25" EAST, 1634.46
FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY
LINE, SOUTH 89°46'56" WEST, 678.27 FEET; THENCE SOUTH 44°18'06" WEST,
124.45 FEET; THENCE SOUTH 89°18'06" WEST, 566.00 FEET; THENCE NORTH
19°52'40" EAST, 92.87 FEET; THENCE NORTH 45°10'21" WEST, 54.44 FEET;
1177466 PAGE 35
~ . ~::-ffiJ TICOR TIT~ INSURANCE_______,
THENCE NORTH 13°28'04" EAST, 60.92 FEET; THENCE NORTH 00°22'40" WEST,
320.06 FEET; THENCE NORTH 12°18'08" WEST, 92.73 FEET; THENCE NORTH
50°59'09" EAST, 201.72 FEET; THENCE NORTH 14°03'08" WEST, 251.61 FEET
TO A POINT ON THE NORTHERLY LINE OF SAID RECORD OF SURVEY NO. 10774;
THENCE SOUTH 89°28'30" EAST, 322.59 FEET; THENCE LEAVING SAID
NORTHERLY LINE SOUTH 00°43'00" EAST, 121.77 FEET; THENCE SOUTH
49°41'33" WEST, 50.16 FEET; THENCE SOUTH 10°13'08" WEST, 45.76 FEET;
THENCE SOUTH 34°30'47" EAST, 34.62 FEET; THENCE SOUTH 62°22 1 17" EAST,
25.68 FEET; THENCE SOUTH 19°35'24" WEST, 109.22 FEET; THENCE NORTH
75°32 1 32" EAST, 110.78 FEET; THENCE NORTH 35°50 1 10" EAST, 100.96 FEET;
THENCE SOUTH 82°53 1 54" EAST, 31.50 FEET; THENCE NORTH 56°01'44" EAST,
225.45 FEET; THENCE NORTH 43°54'35" EAST, 93.91 FEET; THENCE NORTH
73°18 1 15" EAST, 133.63 FEET TO A POINT ON THE NORTHERLY LINE OF SAID
RECORD OF SURVEY NO. 10774, THENCE ALONG SAID NORTHERLY LINE, SOUTH
89°28 1 30" EAST, 135.92 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH
52°45 1 54" EAST, 325.96 FEET TO A POINT ON THE EASTERLY LINE OF SAID
SECTION 22; THENCE ALONG SAID EASTERLY LINE, SOUTH 00°33 1 25" WEST,
661.79 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL M:
THOSE PORTIONS OF THE SOUTH ONE HALF OF THE SOUTH ONE HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER ANO OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOGETHER WITH A
PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION
27, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH ONE HALF OF THE SOUTH
ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
26; THENCE ALONG THE EASTERLY LINE THEREOF, SOUTH 00°21'21" EAST
293.56 FEET TO A POINT ON A NON-TANGENT 1151.00 FOOT RADIUS CURVE,
CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 04°10 1 50"
WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
39°32 1 20" A DISTANCE OF 794.28 FEET TO THE BEGINNING OF A REVERSE
20.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE BEARS SOUTH
43°43 1 10" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 87°33 1 10" A DISTANCE OF 30.56 FEET; THENCE TANGENT TO SAID
CURVE, NORTH 46°10 1 00" WEST 95.89 FEET TO THE BEGINNING OF A TANGENT
430.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY
ALONG-SAID CURVE THROUGH A CENTRAL ANGLE OF 09°46 1 00" A DISTANCE OF
73.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 55°56 1 00" WEST 416.30
FEET TO THE BEGINNING OF A TANGENT 320.00 FOOT RADIUS CURVE, CONCAVE
EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
55°13 1 38" A DISTANCE OF 308.45 FEET; THENCE TANGENT TO SAID CURVE,
NORTH 00°42 1 22" WEST 18.83 FEET TO THE WESTERLY PROLONGATION OF THE
NORTHERLY LINE OF SAID SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE TO AND ALONG
SAID NORTHERLY LINE, SOUTH 89°19 1 14" EAST 1349.44 FEET TO THE POINT OF
BEGINNING.
1177466 PAGE 36
~·-~ TICOR TIT~ INSURANCE___, ~ i •. ~ ·.. EXHIBIT A
Printed Policy Exceptions and Exclusions
ALTA RESIDENTIAL POLICY (6-1-87)
The Exclusions and the Exceptions of the ALTA Residential Policy
form recite that you are not insured against loss, costs, attorneys'
fees, and expenses resulting from:
Exclusions
1 Governmental police power, and the existence or violation of
any law or government regulation. This includes building and
zoning ordinances and also laws and regulations concerning
• land use
-improvements on the land
-land division
• environmental protection
This exclusion does not apply to violations or the enforcement of
these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in
Items 12 and 13 of Covered Title Risks.
2 The right to take the land by condemning it, unless:
" a notice of exercising the right appears in the public records on the Policy Date
• the taking happened prior to the Policy Date and is binding on
you if you bought the land without knowing of the taking
3 Title Risks:
-that are created, allowed, or agreed to by you
" that are known to you, but not to us, on the Policy Date--unless
they appeared in the.public records
• that result in no loss to you
• that first affect your title after the Policy Date--this does not
limit the labor and material lien coverage in Item 8 of Covered Title
Risks
4 Failure to pay value for your title.
5 Lack of a right:
• to any land outside the area specifically described and
referred to in Item 3 of Schedule A
or
• in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered
Title Risks.
Standard Exceptions
(a) Any rights, interests or claims of parties in possession of the
land not shown by the public records.
(b) Any easements or liens not shown by the public records.
This does not limit the lien coverage in Item 8 of the Covered
Title Risks.
(c) Any facts about the land which a correct survey would disclose
and which are not shown by the public records.
This does not limit the forced removal coverage in Item 12 of
Covered Title Risks.
(d) Any water rights, claims or title to water on or under the land.
ALTA LOAN POLICY (10-21-87)
WITH AL TA INDORSEMENT FORM 1 COVERAGE
The Exclusions from Coverage of the ALTA Loan Policy form recites that the following matters are expressly excluded from the coverage of this
policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1 (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i)the occupancy, use, or enjoyment of the land; (ii)the character, dimensions or location of any improvement
now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental
regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3 Defects, llens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the Insured claimant; ·
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material, or to the extent insurance is afforded herein as to assessments for street Improvements
under construction or completed at Date of Policy): or
(e) resulting In loss or damage which would not have been sustained if the Insured claimant had paid value for the Insured mortgage.
4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated.
5 Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6 Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien
of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to
Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the Insured mortgage which at Date of
Policy the insured has advanced or is obligated to advance.
1177466 PAGE 37
(continued on next page)
..,
~-~ TICOR TIT. INSURANCE---1 ~ _'-'' • < , Cl TA STANDARD COVERAGE POLICY-1988 .i: ..,. •
0 a ' Th., Exclusions from Coverage of the CLTA Standard Coverage Policy form recites that the following matters are expressly excluded from the
coverage of this policy and the Company will not pay loss or damage, costs. attorneys· fees or expenses which arise by reason of:
1. (a) Any law. ordinance or governmental regulation (including but
not limited to building or zoning laws. ordinances, or
regulations) restricting, regulating, prohibiting or relating to
(i) the occupancy, use, or enjoyment of the land; (ii) the
character, dimensions or location of any improvement now
or hereafter erected on the land; (iii) a separation in ownership
or a change in the dimensions or area of the land or any
parcel of which the land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the extent
that a notice of the enforcement thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the public
records at Date of Policy.
(b) Any governmental police power not excluded by (a) above.
except to the extent that a notice of the exercise thereof or
a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof
has been recorded in the public records at Date of Policy, but
not excluding from coverage any taking which has occurred prior
to Date of Policy which would be binding on the rights of a
purchaser for value without knowledge.
3. Defects. liens, encumbrances. adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy.
but created. suffered. assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public records
at Date of Polley, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant
prior to the date the insured claimant became an insured under
this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been
sustained if the insured claimant had paid value for the insured
mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because
of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness,
to comply with the applicable doing business laws of the state
in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage,
or claim thereof, which arises out of the transaction evidenced
by the insured mortgage and is based upon usury or any consumer
credit protection or truth in lending law.
Schedule B of the CL TA Standard Coverage Policy form recites that this policy does not insure against loss or damage (and the Company will
not pay costs, attorneys' fees or expenses) which arise by reason of:
Part I
1. Taxes or assessments which are not shown as existing liens
by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or
assessments, or notices of such proceedings, whether or not
shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by
the public records but which could be ascertained by an inspection
of the land or which may be asserted by persons in possession
thereof.
3. Easements. liens or encumbrances, or claims thereof, which are
not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments. or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in
patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters
excepted under (a),(b) or (c) are shown by the public records.
6. Any facts, rights, interests or claims which are not shown by
the public records but which could be ascertained by making
inquiry of the lessors in the lease or leases described or referred
to in Schedule A.
7. The effect of any failure to comply with the terms, covenants
and conditions of the lease or leases described or referred to
in Schedule A.
ALTA OWNER'S POLICY (10-21-87)
The Exclusions from Coverage of the ALTA Owner's Policy form recites that the following matters are expressly excluded from the coverage
of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any
improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel
of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental
regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of
Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the Insured claimant prior to the date the Insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the Insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained If the insured claimant had paid value for the estate or Interest insured
by this policy.
Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009
1177466 PAGE 38
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
STATE OF CALIFORNIA
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA OFFICE
1333 CAMINO DEL RIO SOUTH, SUITE
SAN DIEGO, CALIFORNIA 92108-3520
ATTENTION: MR. PAUL WEBB
)
)
)
)
)
)
)
)
125)
)
)
)
"f!NAl
E)(HIBIT"
THE ORIGINAL OF THIS DOCUMENT
WAS RECORDED ON 03-JUL-1991,
DOCUMENT NUMBER 1991-0327678.
ANHETTE EVAHS, COUHTY RECORDER
SAH DIEGO COUNTY RECORDER'S OFFICE
THIS SPACE FOR RECORDER'S USE ONLY
DEED RESTRICTION
I. WHEREAS, Aviara Land Associates Limited
Partnership, a Delaware limited partnership, hereinafter referred
to as "Owner", is the record owner of the property described in
Exhibit "A" attached hereto and incorporated herein by reference,
hereinafter referred to as 1the "Property"; and
II. WHEREAS, the California Coastal Commission,
hereinafter referred to as the "Commission", is acting on behalf
of the People of the State of California; and
III. WHEREAS, the Property is located within the
coastal zone as defined in Section 30103 of Division 20 of the
California Public Resources Code, hereinafter referred to as the
"California Coastal Act of 1976" or the "Act"; and
IV. WHEREAS, pursuant to the Act, the Owner applied
to the Commission for. a Coastal Development Permit for the
Property; and
V. WHEREAS, Coastal Development Permit No. 6-91-46,
hereinafter referred to as the "Permit", was granted on
May 7, 1991, by the Commission in accordance with the provisions
of the Staff Recommendations and Findings and Revisions to Staff
Report, attached hereto as Exhibit "B" and herein incorporated by
reference; and
VI. WHEREAS, the Permit was subject to the terms and
conditions including, but not limited to, the following
condition:
JSM:I:\PERM\JSM\JSM038.WP5:06279l 1
"1. Open Space Deed Restriction. Prior to the issuance
of the permit, the applicant shall record a restriction
against the subject property, free of all prior liens
and encumbrances, except for tax liens, and binding on
the permittee's successors in interest and any
subsequent purchasers of any portion of the real
property. The restriction shall prohibit any
alteration of landforms, removal of vegetation or the
erection of structures of any type in the areas
identified in the attached Exhibit 4, totalling 12.93
acres. The recording document shall include legal
descriptions in a form and content acceptable to the
Executive Director. Evidence of recordation of such
restriction shall be subject to the review and written
approval of the Executive Director."
VII. WHEREAS, the Permit was also subject to the
following condition:
"2. Assumption of Risk. Prior to the issuance of the
coastal development permit or prior to the
authorization to proceed with development, the
applicant [and 19ndowner] shall execute and record a
deed restriction, in a form and content acceptable to
the Executive Director, which shall provide: (a) that
the applicant understands that the site may be subject
to extraordinary hazard from landslide and slope
failure, and the (b) applicant hereby waives any future
claims of liability against the Commission or its
successors in interest for damage from such hazards.
The document shall run with the land, binding all
successors and assigns, and shall be recorded free of
prior liens and any other encumbrances which the
Executive Director determines may affect the interest
being conveyed."
VIII. WHEREAS, the Permit was also subject to the
following condition:
"6. Fire Suppression Plan. Prior to the issuance
of the coastal development permit, the applicant
shall submit to the Executive Director for review
and approval in writing a detailed fire
suppression plan with all open space deed
restriction boundaries superimposed, and
indicating the limits of fire suppression Zones 1
through 3. No portion of any Zone 1 areas shall
encroach into any open space deed restricted area.
In addition, all Zone 1 areas that are located
adjacent to or within 20 feet of any open space
deed restricted areas shall be subject to deed
restrictions against each of the subject parcels
JSM:I:\PERM\JSM\JSM038.WP5:062791 2
proposed for future residential development (i.e.,
Planning Areas 25 -30), free of all prior liens
and encumbrances, except for tax liens, and
binding upon the permittee's successors in
interest and any subsequent purchasers of any
portion of the real property. The restriction
shall prohibit the erection of any structures in
the areas identified as Zone 1 in the required
fire suppression plan. The recording document
shall include legal descriptions of both the
applicant's entire parcel(s) and the restricted
area, and shall be in a form and content
acceptable to the Executive Director. Evidence of
recordation of such restriction shall be subject
to the review and written approval of the
Executive Director."
IX. WHEREAS, the Commission found that but for the
imposition of the above conditions the proposed development could
not be found consistent with the provisions of the California
Coastal Act of 1976 and that the Permit could therefore not have
been granted; and
I X. WHEREAS, Owner has elected to comply with the
conditions imposed by the Permit and execute this Deed
Restriction so as to enable Owner to undertake the development
authorized by the Permit.
NOW, THEREFORE, in consideration of the granting of the
Permit to the Owner by the Commission, the Owner,hereby
irrevocably covenants with the Commission that there be and
hereby are created the following restrictions on the use and
enjoyment of the Property, to be attached to and become a part of
the deed to the Property.
1. Covenant. Condition and Restriction Regarding Open
Space. Except as otherwise provided below, the undersigned
Owner, for itself and for its heirs, assigns, and successors in
interest, covenants and agrees that the use of the Protected Land
as shown on Exhibit "C", attached hereto and incorporated herein
by reference, shall be limited to natural open space for habitat
protection, private recreation and resource and resource
conservation uses. No development as defined in Public Resources
Code section 30106, attached hereto as Exhibit "D" and
incorporated herein by reference, including but not limited to
removal of trees and other major or native vegetation, grading,
paving, installation of structures such as signs, buildings,
shall occur or be allowed on the Protected Land with the
exception of the following subject to applicable governmental
regulatory requirements:
JSH:I:\PERM\JSH\JSH038,WP5:062791 3
(a) the removal of hazardous substances or
conditions or diseased plants or trees;
(b) the removal of any vegetation which
constitutes or contributes to a fire hazard to residential use of
neighboring properties, and which vegetation lies within 100 feet
of existing or permitted residential development;
(c) the installation or repair of underground
utility lines and septic systems; and
(d) the construction, installation, maintenance
and repair in the Protected Land of those certain Community
Trails as described in the Master Plan applicable to the
Property.
2. Covenant, Condition and Restriction Regarding
Waiver of Claims. The undersigned Owner, for itself and for its
heirs, assigns, and successors in interest, covenants and agrees
that (a) the Owner acknowledges and understands that the Property
may be subject to extraordinary hazard from landslide and slope
failure, and (b) the Owner hereby waives any future claims of
liability against the Comm~ssion or its successors in interest
for damage from such hazards.
3. Covenant, Condition and Restriction Regarding Fire
Suppression. The undersigned Owner, for itself and for its
heirs, assigns and successors in interest, covenants and agrees
that no structures shall be erected within twenty feet of the
Protected Land, which twenty-foot area is delineated on the maps
attached hereto as Exhibit "E" and incorporated herein by this
reference; provided, however, the foregoing is without prejudice
against possible future amendment of this Deed Restriction with
the written consent of the parties hereto.
4. Duration. This Deed Restriction shall remain in
full force and effect during the period that the Permit, or any
modification or amendment thereof, remains effective, and during
the period that the development authorized by the Permit, or any
modification of said development, remains in existence in or upon
any part of, and thereby confers benefit upon, the Property
described herein, and shall bind Owner and all its assigns or
successors in interest.
5. Taxes and Assessments. It is intended that this
Deed Restriction is irrevocable and shall constitute an
enforceable restriction within the meaning of a) Article XIII,
section 8, of the California Constitution; and b) section 402.1
of the California Revenue and Taxation Code or successor statute.
Furthermore, this Deed Restriction shall be deemed to constitute
a servitude upon and burden to the Property within the meaning of
JSM:I:\PERM\JSM\JSM038.WP5:06289l 4
section 3712(d) of the California Revenue and Taxation Code, or
successor statute, and survives a sale of tax-redeemed property.
6. Right of Entry. The Commission or its agent may
enter onto the Property at times reasonably acceptable to the
Owner to ascertain whether the use restrictions set forth above
are being observed.
7. Remedies. Any act, conveyance, contract, or
authorization by the Owner, whether written or oral, which uses
or would cause to be used or would permit use of the Property
contrary to the terms of this Deed Restriction, will be deemed a
violation and a breach hereof. The Commission and Owner may
pursue any and all available legal and/or equitable remedies to
enforce the terms and conditions of this Deed Restriction. In
the event of a breach, any forbearance on the part of either
party to enforce the terms and provisions hereof shall not be
deemed a waiver of enforcement rights regarding any subsequent
breach.
I
[The remainder of this page intentionally left blank.]
JSM:I:\PERM\JSM\JSM038.WP5:062791 5
8. Severability. If any provision of these
restrictions is held to be invalid, or for any reason becomes
unenforceable, no other provision shall be thereby affected or
impaired.
Dated: __ Ma_y_2_9 ____ , 1991
I
JSH:I:\P!RM\JSH\JSM038,WP5:050891
OWNER:
AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, a Delaware limited
partnership
By: Aviara Land Company, a
Delaware corporation, a
general p er
Title:Vice President
By: Republic Development
Company, a California
corporation, a general
p tner
6
STATE OF CALIFORNIA
COUNTY OF\. <;'a,a tlec,o ~ l
)
) ss.
)
On !JJ.p_/_,/_,,-a(C/1 /Cfj/, before me, the undersi9:J:1ed, a Notary
Pub).?c inandtor said State, personally appeared _U __ .~5-._.... ___ _
l,L~ personally known to me or proved to me on the
basis of satisfactory evidence .o be p~rson who executed the
within ins ument the
and ---~=-'-~-'--...L.a>....;...~u.s,::;.-..""""'<le.L-¥-,.....;_---------------' personall known to me or pro ed to me on the basis of
satisfactory evidence ~e~h~rs~n who executed the within
instrument as the ~r21/-4tc/.eAit , of
Aviara Land Company, a Delaware corporation, the corporation that
executed the within instrument on behalf of Aviara Land
Associates Limited Partnership, a Delaware limited partnership,
the partnership that executed the within instrument, and
acknowledged to me that such corporation executed the same as
such partner and that such partnership executed the same.
WITNESS my hand and official seal.
STATE OF CALIFORNIA
COUNTY OF \...24n /2«'1'
)
) ss.
)
On 41-f ~ ,2CJ, /~/, before me, the undersig.9,ed,, y Notary
Publw,..,inand or said State, personally appeared u c2\,.
~L.4'4« personally known to me or proved to me on the
basis of satisfactory evidence to. be th per~on who executed the
within ins um nt as
and . I
personall known to me or prove to me on the basis of
satisfactory evidence~e ~~;>ers9n who executed the within
instrument as the ~ I r!::,/)..(_4,(d.f.d-L , of Republic
Development Company, a California corporation, the corporation
that executed the within instrument on behalf of Aviara Land
Associates Limited Partnership, a Delaware limited partnership,
the partnership that executed the within instrument, and
acknowledged to me that such corporation executed the s~me as
such partner and that such partnership executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
•· KATHLEEN A. ARNOLD
NOTARY ~
PANCFAI. OFFICE IN SAN 0EG0 C0UNTY
.. CalilNI &ip..-..,31, 1•
JSH:I:\P!RM\JSH\JSl103A,WP5:050891
~ed tZ. U)u1td_
Notary Public
COASTAL COMMISSION ACKNOWLEDGEMENT
This is to certify that the acknowledgment set forth above
is hereby acknowledged by the undersigned officer on behalf of
the California Coastal Commission pursuant to authority conferred
by the California Coastal Commission when it granted Coastal
Development Permit No. 6-91-46 on May 7, 1991, and the California
Coastal Commission consents to recordation thereby by its duly
authorized officer.
Dated: __ J_u_ne_2_8_,_1_9_9_1 __
STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
I
n Bowers, Staff Counsel
CALIFORNIA COASTAL COMMISSION
)
) ss.
)
On June 28, 1991 , before me, the undersigned, a Notary
Public in and for said State, personally appeared John Bowers,
____________ personally known to me or proved to me on
the basis of satisfactory evidence to be the person who executed
the within instrument as the staff counsel of the California
Costal Commission, and acknowledged to me that the California
Coastal Commission executed it.
WITNESS my hand and official
JSM:I:\P!RH\JSM\JSM038.WP5:050891 8
EXHIBIT •A•
101274-10
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
CITY OF CARLSBAD TRACT 89-37, AVIARA PHASE II, BEING A
SUBDIVISION OF A PORTION OF SECTIONS 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 A POINT ON THE WESTERLY LINE OF SAID SECTION 27,
DISTANT THEREON SOUTH 0•34•09" WEST 230.98 FEET FROM THE
NORTHWEST CORNER THEREOF, SAID POINT ALSO BEING THE INTERSECTION
OF SAID WESTERLY LINE AND THE SOUTHERLY LINE OF THAT CERTAIN
EASEMENT FOR PUBLIC ROAD RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989 AS FILE NO.
89-345765 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY AND
SOUTHWESTERLY LINE OF SAID EASEMENT, NORTH 72"47'00" EAST 161.47
FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY; THENCE NORTHEASTERLY, EASTERLY AND
SOUTHEASTERLY ALONG SAID CURVE 40.36 FEET THROUGH A CENTRAL
ANGLE OF 92.30'00"; THENCE TANGENT TO SAID CURVE SOUTH 14.43'00"
EAST 689.57 FEET TO THE BEGINNING OF A TANGENT 901.00 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY AND
EASTERLY ALONG SAID CURVE 1135.38 FEET THROUGH A CENTRAL ANGLE
OF 72•12 1 00"; THENCE TANGENT TO SAID CURVE SOUTH 86.55'00" EAST
217.41 FEET TO THE MOST NORTHERLY CORNER OF CITY OF CARLSBAD
TRACT NO. 85-35 (AVIARA PHASE 1 -UNITE), ACCORDING TO MAP
THEREOF NO. 12413, FILED IN THE OFFICE OF THE COUNTY RECORDER,
JUNE 29, 1989; THENCE ALONG THE WESTERLY BOUNDARY THEREOF SOUTH
47•10 1 50" WEST 350.89 FEET; THENCE SOUTH 40.43'12" WEST 605.23
FEET; THENCE SOOTH 17•45•0011 EAST 846.44 FEET; THENCE SOOTH
16.45'00" WEST 112.44 FEET; THENCE SOUTH 12"58'00" EAST 1804.79
FEET; THENCE SOUTH 31"51'00" EAST 700.07 FEET; THENCE SOUTH
6"33'30" EAST 495.49 FEET; THENCE SOUTH 14.29'30" WEST 519.43
FEET TO AN ANGLE POINT THEREIN, SAID POINT ALSO BEING A POINT IN
THE AGREED BOUNDARY OF THE TITLE SETTLEMENT AND EXCHANGE
AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT, RECORDED
JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS; THENCE
ALONG SAID AGREED BOUNDARY NORTH 20"30'00" WEST 117.43 FEET;
THENCE NORTH 85 1 00'00" WEST 71.00 FEET; THENCE SOOTH 25"30'00"
WEST 223.00 FEET; THENCE SOUTH 10•45•00 11 EAST 53.00 FEET; THENCE
SOOTH 33"30'00" WEST 146.00 FEET; THENCE SOUTH 55°30'00 11 WEST
52.00 FEET; THENCE SOUTH 77•30•00 11 WEST 358.00 FEET; THENCE
SOUTH 55•10 1 00 11 WEST 167.00 FEET; THENCE SOUTH 75"58'00" WEST
A-1
101274-10
42.00 FEET; THENCE NORTH 83.56'00" WEST 117.00 FEET; THENCE
NORTH 73•50•0011 WEST 99.00 FEET; THENCE NORTH 79.50'00" WEST
147.00 FEET; THENCE NORTH 74•10 1 00" WEST 190.00 FEET; THENCE
NORTH 68.56'0211 WEST 346.00 FEET; THENCE NORTH 73•16 1 26 11 WEST
174.03 FEET; THENCE NORTH 84.00 1 00 11 WEST 124.00 FEET; THENCE
SOUTH 7a•oo 1 00 11 WEST 447.00 FEET; THENCE NORTH 33•00 1 00 11 WEST
123.73 FEET; THENCE NORTH 32.17'4611 WEST 561.76 FEET; THENCE
NORTH 69.15 1 09" WEST 228.25 FEET TO A POINT ON THE WESTERLY LINE
OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 33,
DISTANT THEREON SOUTH 0•43 1 3411 EAST 788.20 FEET FROM THE
NORTHWEST CORNER OF SAID EAST HALF, AS SAID POINT IS SHOWN ON
RECORD OF SURVEY MAP NO. 10774, FILED IN THE OFFICE OF SAID SAN
DIEGO COUNTY RECORDER, OCTOBER 30, 1986 AS FILE NO. 86-494180 OF
OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID RECORD OF
SURVEY NO. 10774, NORTH 0"43 1 3411 WEST 788.20 FEET; THENCE NORTH
0•31 1 09" EAST 1357.67 FEET; THENCE SOUTH 89"08 1 21 11 EAST 1358.22
FEET; THENCE NORTH 23•11 1 49 11 EAST 157.02 FEET; THENCE SOUTH
83°48 1 32 11 EAST 182.90 FEET; THENCE NORTH 63.48 1 24 11 EAST 118.59
FEET; THENCE NORTE 46°13'59" EAST 66.87 FEET; THENCE NORTH
21°18'51 11 EAST 78.99 FEET;, THENCE NORTH 14.41 1 04 11 WEST 271.89
FEET; THENCE NORTH 26°24 1 56 11 WEST 112.98 FEET; THENCE NORTH
44°10'38'' WEST 189.09 FEET; THENCE NORTH 36°53 1 26" WEST 81.01
FEET; THENCE NORTH 17°21 1 54" WEST 96.54 FEET; THENCE NORTH
7•59 1 33 11 WEST 108.38 FEET; THENCE NORTH 3•53 1 04" EAST 180.75
FEET; THENCE NORTH 35•32•01 11 WEST 142.05 FEET TO THE EAST
QUARTER CORNER OF SAID SECTION 28; THENCE CONTINUING ALONG SAID
BOUNDARY LINE NORTH 0°34 1 09 11 EAST 2485.34 FEET TO THE POINT OF
BEGINNING.
A-2
EXHIBIT "B" ,. ,.
'3TATE OF CALIFORNIA-THE RESOURCES AGENCY Pete \.:ilson,Co•~•nor
CALIFORNIA COASTAL COMMISSION
SAN 0IECO COAST 0ISTRICT
1333 CAMINO 0EL RIO SOUTH. SUITE 125
SAN 0IECO, CA 92108-3520
l619) '297-9740
Fi led :
49th Day:
180th Day:
Sta ff:
Staff Report:
Hearing Date:
REGULAR CALENDAR
3/11 /91
Waived
9/7 /91
PBW-SD
4/24/91
5/7-10/91
STAFF REPORT AND PRELIMINARY RECOMMENDATION
Application No.: 6-91-46
Applicant: Aviara Land Associates Agent: D. L. Clemens
APR 2 7 199f
Description: Su6division of approximately 247 acres into eleven parcels as
Phase II of Aviara Master Plan (Planning Areas 25-30 inclusive)
for ultimate residential development; modification of open space
boundaries previously approved in Phase I; mass grading,
including 1,927,300 cubic yards of grading for master
residential pads, the circulation system and stabilization of
landslide area; installation of roads and drainage improvements;
Site: North of Batiquitos Lagoon, South of Alga Road, east of I-5,
Carlsbad, San Diego County. APN 214-170-51; 215-040-01, 15, &
16; 215-050-14.
Substantive File Documents: Certified City of Carlsbad Local Coastal Program
Mello I and East Batiquitos/Hunt Properties segments; Aviara Master Plan
[MP-177(A)]; MP-177(8); Master Tract Map CT 89-37; Hillside Development
Permit HOP 90-2; Mitigated Negative Declaration for Aviara Phase II; CDP
#6-87-680-A9
STAFF NOTES:
Summary of Staff's Preliminary Recommendation:
Staff is recommending approval of the project subject to special
conditions requiring a d~ed restriction that records the proposed changes to
the open space plan, recordation of a waiver of liability, submittal of final
grading, runoff and erosion control plans approved by the City Engineer of the
City of Carlsbad, submittal of revegetation plans for all disturbed or
manufactured slopes, submittal of final fire suppression plans and submittal
of evidence of bonding required for the maintenance of the project's desilting
basins. s
B-1
PRELIMINARY STAFF RECOMMENDATION:
6-91-46
Page 2
The staff recommends the Commission adopt the following resolution:
I. Approval with Conditions.
The Commission hereby grants a permit for the proposed development,
subject to the conditions below, on the grounds that the development, as
conditioned, will be in conformity with the adopted Local Coastal Progra~, and
will not have any significant adverse impacts on the environment within the
meaning of the California Environmental Quality Act.
II. Standard Conditions.
See attached page.
III. Special Conditions.
The permit is subject to the following conditions:
/
sff; Open Space Deed Restriction. Prior to the issuance of the permit, the
app1icant shall record a restriction against the subject property, free of all
prior liens and encumbrances, except for tax liens, and binding on the
permittee•s successors in interest and any subsequent purchasers of any
portion of the real property. The restriction shall prohibit any alteration
of landforms, removal of vegetation or the erection of structures of any type
in the areas identified in the attached Exhibit 4, totalling 12.93 acres. The
recording document shall include legal descriptions of both the applicant's
entire parcel(s) and the restricted area, and shall be in a form and content
acceptable to the Executive Director. E~idence of recoidation of such
restriction shall be subject to the review and written approval of the
Executive Director.
2. Assumption of Risk. Prior to the issuance of the coastal development
permit or prior to authorization to proceed with development, the applicant
[and landowner] shall execute and record a deed restriction, in a form and
content acceptable to the Executive Director, which shall provide: (a) that
the applicant understands that the site may be subject to extraordinary hazard
from landslide and slope failure, and the (b) applicant hereby waives any
future claims of liability against the Commission or its successors in
interest for damage from such hazards. The document shall run with the land,
binding all successors and assigns, and shall be recorded free of prior liens
and any other encumbrances which the Executive Director determines may affect
the interest being conveyed.
3. Gradinq/Erosion Control. Prior to the issuance of the permit, the
applicant shall submit to the Ex~cutive Director for· review and written
approval, final site and grading plans approved by the City of Carlsbad which
incorporate the following requirements:
B-2
6-91 -46
Page 3
A. All grading activity shall be prohibited between October 1st and
April 1st of any year.
B. All permanent runoff and erosion control devices shall be
developed and installed prior to October l.
C. All areas disturbed, but not completed, during the construction
season, including graded pads, shall be stabilized prior to October 1.
The proposed temporary erosion control measures, such as interceptor
ditches, sandbagging, debris basins, temporary desilting basins and silt
traps shall be utilized in conjunction with plantings to minimize soil
loss from the construction site.
0. Maintenance of temporary erosion control measures is the
responsibility of the applicant, including replacement of any devices
altered or dislodged by storms.
4. Runoff Control. Prior to the issuance of a coastal development
permit, the applicant shall submit a runoff control plan designed by a
licensed engineer qualified in'hydrology and hydraulics, which would assure no
increase in peak runoff rate from the developed site over runoff that would
occur from the existing undeveloped site, as a result of a ten-year frequency
storm over a six-hour duration (10 year, 6 hour rainstorm). Runoff control
shall be accomplished by such means as on-site detention/desilting basins.
Energy dissipating measures at the terminus of outflow drains shall be
constructed. The runoff control plan, including supporting calculations,
shall be submitted to, reviewed and approved in writing by the Executive
Director.
5. Revegetation Plan.· Prior to the issuance of the~coastal development
permit, the applicant shall submit a detailed revegetation plan, prepared in
consultation with the Department of Fish and Game (DFG) indicating the type,
size, extent and location of all plant materials, any proposed irrigation
system and other landscape features to revegetate all manufactured slopes and
areas previously disturbed by off-road vehicle use. Drought tolerant native
plants shall be utilized to the maximum extent feasible to re-establish the
area consistent with its present character and that of the surrounding
vegetation. Said plan shall be submitted to, reviewed and approved in writing
by the Executive Director.
6. Fire Suppression Plan. Prior to the issuance of the coastal
development permit, the applicant shall submit to the Executive Director for
review and approval in writing, a detailed fire suppression plan with all open
space deed restriction boundaries superimposed, and indicating the limits of
fire suppression Zones 1 through 3. No portion of any Zone 1 areas shall
encroach into any open space deed restricted area. In addition, all Zone 1
areas that are located adjacent t~ or within 30 feet of any open space deed
restricted areas shall be subject to deed restrictions against each of the
subject parcels proposed for future residential development (i.e., Planning
Areas 25 -30), free of all prior liens and encumbrances, except for tax
liens, and binding on the permittee's successors in interest and any
B-3
6-91 -46
Page 4
subsequent purchasers of any portion of the real property. The restriction
shall prohibit the erection of any structures in the areas identified as Zone
1 in the required fire supression plan. The recording document shall include
legal descriptions of both the applicant's entire parcel(s) and the restricted
area, and shall be in a form and content acceptable to the Executive
Director. Evidence of recordation of such restriction shall be subject to the
review and written approval of the Executive Director.
7. Revegetation Monitoring Program. Prior to the issuance of the coastal
development permit, the applicant shall submit for the review and written
approval of the Executive Director, a detailed monitoring program for the
revegetation plan for the disturbed and manufactured slope areas prepared in
consultation with the Department of Fish and Game pursuant to Special
Condition #5 above. The monitoring program shall include surveys of the
extent of coverage and species composition of all revegetated areas, along
with a comparison of adjacent undisturbed, naturally vegetated areas. The
monitoring program shall be conducted for a minimum of five (5) years and
shall be reported to the Executive Director on an annual basis.
I 8. Erosion Control Monitoring. Prior to the issuance of the coastal
development permit, the applicant shall submit for the review and written
approval of the Executive Director, a program for monitoring the condition of
erosion control devices and the effectiveness of the erosion control program.
The monitoring program shall include, at a minimum, monthly reports beginning
· on November 1 and continuing to March 30 of each year in which grading is
conducted. Reports shall describe the status of grading operations and
conditions of erosion control devices, including temporary and permanent
desilting basins.
9. Erosion Control Maintenance. Prior to the issuance of the coastal
development permit, evidence of bonding, cash deposits or other agreements
entered into with the City of Carlsbad for the purpose of maintaining erosion
control devices, including permanent and temporary desilting basins, shall be
submitted for the review and written approval of the Executive Director, prior
to the issuance of the permit.
IV. Findings and Declarations.
The Commission finds and declares as follows:
1. Detailed Project Description. Proposed is the master subdivision and
mass grading of Phase II of the Aviara Master Plan development on the north
shore of Batiquitos Lagoon in the City of Carlsbad. The site of the proposed
development is comprised of the westernmost 247 acres of the tot?l 1000 acres
of the Aviara Master Plan development. The overall Master Plan was approved
in concept in CDP #6-87-680, which also included grading and partial
residential development of Phase J (Planning Areas 1 to 16, inclusive), and
open space dedications for the entire Master Plan development.
B--4
6-91 -46
Page 5
The proposed project consists of subdivision of the 247 acres into 11 lots
including the creation in their final configuration of the six planning ar~as
that are located in Phase II, planning areas 25 through 30, inclusive.
Although the planning areas were originally outlined in the original approval
of the Master Plan, the planning area boundaries as approved in CT 89-37 have
been modified to result in the following sizes and the configurations in the
attached site plan:
PLANNING AREA APPROVED SIZE PROPOSED SIZE
25 18.2 Acres 28.4 Acres 26 75.2 Acres 78.4 Acres
27 21.1 Acres 18.9 Acres
28 34.5 Acres 45.6 Acres
29 44.0 Acres 18.4 Acres
30 69.5 Acres 57.4 Acres
In addition, changes in product type will result in a lowering of total
build-out from 569 dwelling units to 484 dwelling units. Planning Areas 25
and 27 through 30 will consist of one lot, as will each of the two major
roads. Planning Area 26 will consist of two lots. Two other small lots are
proposed for the Batiquitos Lagoon Sewer Pump Station and for a portion of the
golf course. No further subdivision or residential development in the
individual planning areas is proposed or approved at this time.
Mass grading of the site will involve about 167 of the total 247 acre site,
including a total of about 1,927,300 cubic yards. The grading is proposed for
two purposes. First, the grading will create the master residential pads and
circulation corridors for the development. Second, extensive grading is
proposed in order to construct buttress fills to stabilize landslide areas in
the northerly portion of the site. Residential master pad grading will
account for about 1,500,000 cubic yards of the total.
The applicants have proposed to revise the previously established open space
deed restriction areas that were approved under the original permit for the
Master Plan (CDP #6-87-680). In exchange for the ability to develop 9.37
acres of land that is currently subject to the open space deed restriction,
the applicants are proposing to dedicate new, previously unrestricted open
space within the Phase II area.
Finally, the application includes the construction of the proposed Phase II
road system and all major drainage improvements. These improvements were
approved in concept in the original Master Plan permit.
The Phase II site is currently undeveloped, save for a sewer pump station,
areas previously used for agriculture and numerous off-road vehicle paths.
The site is characterized by a nQrth-south trending ridge and valley.
Portions of the site are populated by Diegan Coastal Sage Scrub vegetation,
and there are mature groves of eucalyptus trees on the property. Phase II is
bounded by Alga Road to the north, Batiquitos Lagoon to the south, the Phase I
site to the east and the site of the recently approved Brocatto development
8-5
6-91-46
Page 6
(CDP #6-90-311) to the west. The site is subject to the policies and
provisions of the Aviara Master Plan, which is both the Land Use Plan (LUP)
and implementing ordinances for those portions of the Mello I and East
Batiquitos Lagoon/Hunt Properties segments of the certified Carlsbad LCP that
are contained within the Master Plan area.
1. Sensitive Coastal Resources. Section 30231 of the Act states:
The biological productivity and the quality of coastal waters,
streams, wetlands, estuaries, and lakes appropriate to maintain optimum
populations of marine organisms and for the protection of human health
shall be maintained and, where feasible, restored through, among other
means, minimizing adverse effects of waste water discharges and
entrainment, controlling runoff, preventing depletion of ground water
supplies and substantial interference with surface water flow, encouraging
waste water reclamation, maintaining natural vegetation buffer areas that
protect riparian habitats, and minimizing alteration of natural streams.
Section 30240(b) of the Act states~ I
(b) Development in areas adjacent to environmentally sensitive
habitat areas and parks and recreation areas shall be sited and designed
to prevent impacts which would significantly degrade such areas, and shall
be compatible with the continuance of such habitat areas.
Finally, Section 30251 of the Act states, in part:
The scenic and visual qualities of coastal areas shall be considered
and protected as a resource of public importance. Permitted development
shall be sited and designed to protect views to and along the ocean and
scenic coastal areas, to minimize the alteration of natural land forms, to
be visually compatible with the character of surrounding areas, and, where
feasible, to restore and enhance visual quality in visually degraded
areas.
The policies of the certified Mello I and East Batiquitos segments of the
City's LCP contain the following language regarding the development of steeply
sloping hillsides with native vegetation:
Grading and Erosion Control
a)
1 )
For those slopes mapped as possessing endangered plant/animal
species and/or coastal sage scrub and chaparral plant
communities, the fol.lowing shall apply:
Slopes of 25% grade and over shall be preserved in their
natural state, unless t~e application of this policy would
preclude any reasonable use of the property, in which case an
encroachment not to exceed 10% of the steep slope area over 25%
grade may be permitted. For existing legal parcels, with 25%
grade, encroachment shall be permitted, however, any such
B-6
6-91 -46
Page 7
encroachment shall be limited so that at no time is more than
20% of the entire parcel (including areas under 25% slope)
permitted to be disturbed from its natural state. This policy
shall not apply to the construction of roads of the City 1 s
Circulation Element or the development of utility systems.
Uses of slopes over 25% may be made in order to provide access
to flatter areas if there is no less environmentally damaging
alternative available.
Of the roughly 310 acres of slope of 25% grade or greater contained
within the entire Master Plan area, about 160 acres, or one-half of
those on site, meet the dual criteria of containing 25% grade and
coastal sage and chaparral plant communities. Of the 160 acres which
meet the dual criteria, the Master Plan as approved by the Commission
allowed encroachment onto about 50 acres. Some of this encroachment
involves small and isolated pockets of slopes meeting the dual
criteria. However, the topography of the site is such that it also
includes some of the major continuous steep slope landforms.
In its findings for ·the origihal approval of the Master Plan; the
Commission found that a system of weighted values could be applied to
the site. These weighted values were assigned to the various steep
slope areas which met the dual criteria and were protected under the LCP
policies. Only the most critical slopes, based on local review after
application of the weighting system, were designated for permanent open
space and other steep slope areas meeting the dual criteria were
determined to be less important and less viable as species habitats.
Another major factor in allowing the encroachment into the dual criteria
areas was that the Master Plan called for other areas of slopes and more
gentle terrain of the site, not ordinarily subject to the development
prohibitions contained in the LCP, to be retained as natural open
space. These other open space areas, exclusive of the wetlands of
Batiquitos Lagoon or the proposed golf course, include 132 acres or
roughly three times the amount of area proposed for encroachment into
the sensitive steep slopes identified using the LCP criteria.
The determination to retain this additional acreage in natural open
space was due to a variety of factors. In some cases, the areas in
question included flora or fauna, such as the California gnatcatcher,
which, through the CEQA review process, was determined to be appropriate
for protection. In other cases, the additional areas to be retained in
natural open· space involved other development constraints, such as the
existence of major overhead tlectrical transmission lines. Other areas
were constrained pursuant to project requirements applied at the local
level. For instance, the City required, primarily for visual reasons,
that large stands of mature eucalyptus groves be preserved, even though
the LCP, either as previously certified or as now amended, would not
have specifically required their retention. The importance of these
groves has now been recognized, however, for their ability to screen
B-7
6-91-46
Page 8
portions of the development from views from I-5, a major coastal access
route.
The Commission found that the retention of these areas of the proposed
Master Plan committed substantial acreage to permanent open space and
the preservation of natural landforms consistent with Coastal Act
Section 30240. The Commission further found that the proposal served to
off-set and mitigate the proposed encroachment into sensitive steep
slope areas that are shown in the Master Plan.
In this permit application, the applicants have proposed to convert 9.37
acres of land that was, for the reasons described above, placed under a
deed restriction prohibiting any alteration of land forms, removal of
vegetation or placement of structures. Of this total of 9.37 acres,
only 0.15 acres consist of "dual criteria" lands.
In exchange for the ability to develop this 9.37 acres, the applicants
are proposing to place 12.92 acres in open space. Of this total, 1 .21
acres consists of "dual criteria" lands. In addition, several
additional acres of the so ca11ed "give back" lands are coastal sage
scrub areas of less than 25% slope, which are suitable habitat for such
sensitive fauna as California gnatcatchers.
In addition, Local Coastal Program Amendment 1-91, being reviewed by the
Commission at the same meeting, if approved, would specifically
authorize the trade-off proposed in this application. In its findings
on the LCP amendment request, the Commission specifically finds that the
proposed trade-off, if adequately protected through appropriate deed
restrictions, would be consistent ~ith the cited Coastal_Act policies.
For this reason, Special Condition #1 has been proposed. This condition
would require that the applicant memorialize the trade in open space for
non-open space through a new deed restriction. This would serve to
protect those more desirable lands placed into open space through the
applicant's "give back" proposal.
The proposed fire suppression plan, however, raises one significant
issue relative to the preservation of sensitive lands. As proposed, the
fire suppression plan applied to the Aviara Master Plan would allow
total vegetation clearing in all Zone 1 areas, those areas closest to
structures. While such clearing is appropriate, some assurances are
needed to guarantee that such clearing does not encroach into dedicated
open space areas. Since an area of up to 30 feet in width could be
ordered to be cleared at any time under State fire codes, a full 30 foot
fire suppression zone must be assumed. In addition, because no 1
individual residential parcels are being subdivided at this time, the
Commission cannot assume that the.full 30 foot wide fire suppression
zone will be maintained upon further subdivision or construction.
6-91-46
Page 9
For this reason, Special Condition #6 has been proposed. This condition
would require the submittal of a detailed fire suppression plan,
including a 30 foot wide Zone l, with all open space boundaries
superimposed. Any portion of any Zone 1 area within 30 feet of an area
deed restricted for open space would be subject of an additional deed
restriction prohibiting any future structures. This will eliminate any
possibility that vegetation clearing will occur within deed restricted
areas for brush management purposes.
Finally, the scale of the proposed grading and the proximity to
Batiquitos Lagoon raise the issue of the impacts of grading and possible
sedimentation within the lagoon. Special Conditions Nos. 3, 4 and 5
have been proposed specifically to address the potential for erosion and
subsequent sedimentation impacts to the lagoon. Special Condition #3
would prohibit any grading from occurring during the rainy season, the
time of the greatest potential for sedimentation impacts. In addition,
the condition outlines various temporary and permanent erosion control
techniques which must be applied to the site prior to the onset of the
rainy season, in order to further avoid erosion and its related
impacts. '
Special Condition #4 will require the submittal of final runoff-control
plans and supporting hydrologic calculations approved by the City of
Carlsbad. Special Condition #5 will require the submittal of final
approved revegetation plans for all manufactured slopes and disturbed
areas. Special Condition #7 will require monitoring to assure
establishment of the required revegetation. Taken together, these
conditions should eliminate, to the maximum extent feasible, the
potential for runoff generated sediment.
Special Conditions #8 and #9 have been proposed to require that adequate
monitoring of the proje~t be undertaken. Due to the size and scale of
the project and its associated grading, frequent monitoring is necessary
to assure that a 11 erosion contr.o 1 devices are functioning. Si mil arl y,
given the number and size of temporary and permanent sediment control
structures, adequate maintenance is essential to insure their
performance in the future. For this reason, evidence that bonding in
favor of the City of Carlsbad sufficient to cover the cost of
maintenance is required. The proposed conditions should eliminate any
concern over the monitoring and maintenance of these facilities.
Given these special conditions, the proposed project should not result
in any impacts to natural resources inconsistent with Chapter 3
policies. Therefore, the Commission finds that the proposed per~it,
subject to the special conditions outlined above, is consistent with
Section 30231, 30240 and 30251 of the Act . .
3. Geologic Hazard. Section 30253 of the Act states, in part:
New development shall:
B-9
6 ·91 -46
Page 10
(1) Minimize risks to life and property in areas of high
geologic, flood, and fire hazard.
(2) Assure stability and structural integrity, and neither
create nor contribute significantly to erosion, geologic
instability, or destruction of the site or surrounding area or in
any way require the construction of protective devices that would
substantially alter natural landforms along bluffs and cliffs.
The site of the Phase II development of the Aviara Master Plan is
located in an area that has been subject to landslides. As a result of
a detailed geotechnical investigation, it has been determined that, in
the absence of significant earthwork, a significant hazard exists.
Currently, the site of the ancient landslide area represents a factor of
safety of less than 1.5:1.
In order to stabilize the landslide area, a buttress fill has been
proposed. Although this will accomplish the goal of stabilization, it
will result in almost one-fourth of the total earth movement on the site
and will result in manufactured slopes of up to 58 feet high.
Although the special conditions discussed above will mitigate, to the
extent feasible, the effects of this grading, the presence of the
ancient landslide area raises the issue of continuing hazard at the
site. The buttress fill represents the standard technique for
stabilizing the site, and it should provide adequate stabilization.
However, the risk of future landslides cannot be entirely eliminated.
For this reason, Special Condition #2 has been proposed~ Due to the
inherent risk of development in an area that has been subject·to
landslides and the Commission's mandate to minimize risks (Section
30253), the standard waiver of liability condition has been attached.
By this means, the applicant is notified of the risks and the Commission
is relieved of liability in permitting the development.
Pursuant to Section 13166(a)(l) of the Commission's administrative
regulations, an application may be filed to remove Special Condition #2
from this permit if the applicant presents newly discovered material
information regarding the existence of any hazardous condition which was
the basis for the condition, if they could not with reasonable diligence
have discovered and produced such information before the permit was
granted.
3. Local Coastal Planning. Sections 30170(f) and 30171 of ~he
Coastal Act were special legislative amendments which required the
Commission to adopt and implement a Local Coastal Program for portions
of the City of Carlsbad and County islands prior to the specific
statutory dates. The Master Plan covers property located with the
jurisdiction of three of the City of Carlsbad's six local coastal
program segments. The proposed Phase II project is located within two
B-10
6-91-46
Page 11
of the segments, the Mello I and East Batiquitos Lagoon/Hunt Properties
segments.
The Mello I segment was certified by the Commission in 1980. The East
Batiquitos Lagoon/Hunt Properties segment came as a result of the City's
annexation of the property. This segment was certified in 1987, at the
same time as an amendment to the Mello I segment of the LCP. In these
actions, the City proposed that the "Pacific Rim Master Plan" (now the
Aviara Master Plan) serve as both the LUP and implementing ordinances
for that portion of the LCP. These segments have been the subject of
additional amendments over the years, including the current amendment
LCPA 1-91.
The special conditions outlined above have been proposed specifically to
bring the project in to consistency with the certified LCP as amended
pursuant to LCPA 1-91. The proposed trade of restricted for
non-restricted lands is specifically authorized by LCP 1-91, and will be
memorialized in by the deed restriction required under Special Condition
#1.
I
The remainder of the special conditions support the requirements of the
LCP. Grading in the area of the Lagoon is prohibited during the period
of October l through April 1 of each year under the LCP policies. The
LCP segments also require that all graded areas must be adequately
landscaped and monitored to protect against sedimentation impacts to the
Lagoon. The proposed special conditions require that these provision be
implemented in order to maximize the level of protection of resources .
• In addition, the proposed reduction in density and intensity of use are
consistent with the LCP, as amended. Therefore, the Commission finds
that the proposed development, subject to the special conditions, is
consistent with the certified Aviara Master Plan and the Mello I and
East Batiquitos Lagoon/Hunt Properties segments of the City of Carlsbad
LCP.
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgement. The permit is not valid and
development shall not commence until a copy of the permit, signed by
the permittee or authorized agent, acknowledging receipt of the
permit and acceptance of the terms and conditions, is returned to
the Commission office.
l
2. Expiration. If development has not commenced, the permit will
expire two years from the date on which the Commission voted on the
application. Development sha11 be pursued in a diligent manner and
completed in a reasonable period of time. Application for extension
of the permit must be made prior to the expiration date.
B-11
6-91-46
Page 12
3. Compliance. All development must occur in strict compliance with
the proposal ~s set forth below. Any deviation from the approved
plans must be reviewed and approved by the staff and may require
Commission approval.
4. Interpretation. Any questions of intent or interpretation of any
condition will be resolved by the Executive Director or the
Commission.
5. Inspections. The Commission staff shall be allowed to inspect the
site and the development during construction, subject to 24-hour
advance notice.
6. Assignment. The permit may be assigned to any qualified person,
provided assignee files with the Commission an affidavit accepting
all terms and conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions
shall be perpetual, and it is the intention of the Commission and
the permittee to bind alY future owners and possessors of the
subject property to the terms and conditions.
(1046R)
B-12
Oceanside
I sb
MASTER
TENTATIVE
MAP PHASE II
'Leucadia
·vista
OLIVEN HAIN
RD.
VICINITY MAP B-13
Tl.A 17c.
I
AVIARJ\
EXHIBIT NO.
((C: California Coas:al Commis,lon
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AVIARA
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MASTER TENTATIVE MAP
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SITE PLAN
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Phase II -Master Tentative Map
Coastal Resource Give Back/Take Areas
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WjJ PA0Tod>n""'11'o• .tO\ V.01,· • 1' Sa,.,.; 5..,41 2:,00 S..n~ c.1. gz101 ti1S,-2')]-,1,46{, , .. .,.
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State of Ca11fornia
M E M O R A N D U M
California Coastal Commission
San Oi!go District
TO: Comm1ss1oner~ and Interested Parti~s
OATE: May 3, 1991
FROM: Staff FILE NO: 0-91-46
SUBJECT: Revisions to the Staff Report #6-91-46, dated April 24, 1991
The following rev1s1ons to the staff proposed special conditions and findings
are 1n response to a request by the applicant submitted after the 1n1t1al
application submittal. Starr recommends that Specia1 Condition #3 shou1d be
revised to read as follows:
3. Grading/Erosion control. Prior to the issuance of the permit,
th~ dµplit;dr1l ~hdll ~ul.JmlL Lu Lh!:! Ex!:!<.:uL\v!:! Dln:!r.:lor fur r!:!Vl!:!W dnd
written approval, final site and grading p1ans and a detailed grading
schedule approved by the City of Carlsbad which incorporate the following
tequirem~nts:
/
A. All grading activity shall be prohibited between October 1st
and April 1st of any year, except that grad1n9 may occur unt11
NovP.mber .15 .._ 19g1.:
B. A11 permanent runoff and erosion contro1 devices shall be
developed and installed pr1or to October 1 (November 15th 1n 1991
on 1 yj ;
C. All areas disturbed, but not completed, during the
construction season. 1nc1ud1ng graded pads, shall be stabil1zed prior
to October 1 ,{_NovEimber 15tn in 1991 on1:x:J. The proposed temporary
erosion control measures. such as interceptor ditches, sandbagging,
debr1s basins. temporary des11t1ng basins and silt traps shall be
utilized in conjunct1on with plantings to minimize soil loss from the
construction s1te.
D. Maintenance of temporary erosion control measures is the
respons1b111ty of tne app11eant, 1nclud1ng replacement of any devices
altered or dislodged by storms. ·
In addition, Spec1a1 Cond11:1on #6 should be revised to read as fo11ows:
6. F1re Suppression Plan. Pr1or to the issuance of the coastal
development permit, the app11eant sha11 submit to the Executive Olreclor
for review and approva1 1n writing, a detailed r1re suppress1on p1an w1th
a11 open space deed re~tr1ct1on boundaries ~uper1mposed, and 1nd1catlr1g
the limits or fire suppression zones 1 through 3. No port1on of any !one
B-17
Comm1ss1oners and Interest1?d Parties
May 3, 1991
rage~
1 areas shall encroach 1nto any open space deed restricted area. In
add1t1on, a11 Zone 1 areas that are located adjacent to or w1th1n 30 20
feet of any open space deed restricted areas shall be subject to deed-
rest~4~t1nns against each of the subject parcels proposed for future
residential development (i.e., P1anning Areas 25 -30), free of a11 prior
1iens and encumbrances, except for tax liens, and binding on the
permittee 1 s successors 1n 1nterest and nny subsequent purchasers of any
portion ('€ t"lfe recrl property. The restriction shall prohibit the erection
of an'! structures 1n tl,e areas 1dent1fied as Zone 1 in the required fire
supressjcn p1an. The recording document shall include legal descriptions
of both the applicant's entire parcel(s) and the restricted area, and
sha11 be in a form and content acceptable to the Executive Director.
Evidence of recordat1o~ of such restriction shall be subject to the review
and written approval of the Execut1ve Director.
In support of the recommen1jed changes to the spec1a1 cond1t1ons. staff
recommends that the findingy be modified to reflect the following changes.
First, the last paragraph on Page 8 should be deleted and the follow1ng
paragraph substituted in its place:
The proposed f1re suppression plan would institute a three-zone system as
an approach to the c1ear1ng of lands and the reduct1on of fuel load in the
areas adjacent to res1dentia1 deve1opment. As proposed, the f1re
suppression plan applied to the Aviara Master Plan would allow total
vegetation clearing 1n all zone 1 areas, those areas closest to
structures. Wh11e such clearing 1s appropriate, some assurances are
needed to guarantee that such clearing does not en~roach into ded1cated
open space areas. In other actions, the Commission has allowed the use of
a 30-foot wide clear-cut area, assuming that the prov1s1ons of State law
cou1d be invoked to require the clearance of a 30-foot wide area. In the
case of th1s particular development, however, the Fire Marsha1 of the C1ty
of Carlsbad has determined that a 20-foot wide brush clearance prov1sion,
coupled w1th the rema1nder of the proposed f1re suppression landscape
program, wou1d provide sufficient protection or the residences that w111
ult1mately be built 1n the area,
The f1rst full paragraph on Page 9 should be deleted and the following
paragraph substituted in its place:
Special Condition #6 would require the submittal of a detailed fire
suppression plan for tlie entire project. As a component of th1s plan, the
cond1t1on would require that the proposed 20-foot wide Zo~e 1 area be deed
restricted in all area:i where the ultimate residential development would
be located adjacent to deed restricted open space areas. This
restriction, coup1ed w·ith the previous restrictions on vegetat1on removal
B-18
Comm1ss1oners and Interested Parties
May 3, 1991
rag& 3
applied to the open space deed restricted areas, wou1d eliminate the
possibility of future vegetation clearance in deed restricted areas. The
conditions remove the possib111ty that future residential construction
encroachment 1nto Zone 1 would necessitate additional vegetation clearance
1n sensitive resource areas to achieve the full 20-foot clearance. The
placement of the restriction is appropriate at this time to assure that
any future purchasers of the Planning Areas will be placed on notice that
the reQuired setbacks are to be incorporated into any future development
proposals, upfront, at the initial planning phase.
F1nally, the second full paragraph on Page 9 should be revised to read as
follows:
rinally, the s~dl~ of the proposed grading and the proximity to Batiquitos
Lagoon raise the issue of the impacts of grading and possible
sedimentation w1th1n the lagoon. Special Conditions Nos. 3, 4 and 5 have
been proposed spec1fical}y to address the potential for erosion and
subsequent sedimentation impacts to the lagoon. Special Condition #3
\~ould prohibit any grading from occurr1ng during the rainy season, the
time of the greatest potential for sedimentation impacts. In this area,
j:he Commiss1on has routine1y allowed grading to continue during the period
!>etween October 1 and November 15, given that additional erosion control
measures that would protect against erosion in the event of rain are
applied, and given that a detailed grading schedule indicating complet1on ~v November 15 are applied to the project and documented in the erosion
control plan. In this manner, the resources of the lagoon would be
protected against inappropriate 1mpacts. In addition, the condition
outlines various temporary and permanent erosion contro1 techniques which
must be applied to the site prior to the onset of the rainy season, 1n
order to further avoid eros1on and 1t$ re1ated impacts.
(6441A)
EXHIBIT •c•
LEGAL DESCRIPTION
March 19, 1991 (MA)
[40,17) Phase2
WP DRP2G
JN 10553.00
COASTAL COMMISSION DEED RESTRICTED AREAS
Those portions of Sections 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
the official plat thereof, described as follows:
PARCEL 1
COMMENCING at a point on the westerly line of Record of survey
No. 10774, filed in the office of the County Recorder of San
Diego County October 30, 1986, as File No. 86-494180, said point
being the northerly terminus of that course described as North
00°30'45" East, 1357.73 feet per said Record of Survey No. 10774;
thence along said course South 00°31'0911 We~t (N. 00°30'45" E.
per said R of s No. 10774) 108.85 feet to the most southerly corner
of Parcel 4 of the "Coastal Commission Deed Restricted Areas"
described in "Exhibit B11 of document filed for record April
14, 1989 as F~le/Page No. 89-196176 of Official Records in
the office of the County Recorder of San Diego County, said
corner being the TRUE POINT OF BEGINNING; thence leaving said
westerly line and along the southerly line of said Parcel 4,
North 22°25 1 22" East, 14.80 feet; thence leaving said southerly
line South 05°35 1 09" East, 65.96 feet; thence South 02°05'47" West,
49.51 feet; thence South 08°58'00" East, 46.83 feet; thence South
77°59'37" East, 23.52 feet; thence North 61"22'27" East, 35.45
feet; thence South 35°24 1 58" East, 20.76 feet; thence South
19"34 1 21" West, 75.49 feet; thence North 57"16 1 32" West, 22.64
feet; thence North 61°36 1 28" West, 9.41 feet; thence South
83"39'12" West, 20.08 feet; thence South 47°44'31" West, 17.75 feet
to a point on said westerly line of said Record of Survey No.
10774; thence along said westerly line North 00°31'0911 East, 221.13
feet to the TRUE POINT OF BEGINNING.
PARCEL 2
BEGINNING at an angle point in the northerly line of P~rcel 2 of
said "Coastal Commission Deed Restricted Areas" per said document
No. 89-196176 being the intersection cf the courses bearing South
12°15 1 15" East, 48.33 feet and South 66°50 1 19" East, 19.34 feet;
thence along said northerly line North 12"15'15" West, 48.33 feet;
thence North 21•43 1 23 11 West, 14.00 feet; thence leaving said
C-1
northerly line South 86°28'33" West, 14.29 feet; thence South
72"20'40" East, 22.06 feet; thence South 50"15'08" East, 25.39
feet; thence South 83 • 13 '3 6" East, 3 5. 83 feet; thence South
53°23'06" East, 29.34 feet; thence South 23°42'00" East, 30.38
feet; thence South 03 • 02 '05" West, 2 4. 9 3 feet; thence South
15°36'06" West, 34.84 feet; thence South 29°41 1 33" West, 32.32
feet; thence South 00"36'42" West, 28.38 feet; thence South
04"09'42" East, 27.82 feet; thence South 18"40'22" East, 30.99
feet; thence South 00 • 52 '4 3 11 West, 52. 11 feet; thence South
31°55'30" West, 29.71 feet; thence South 13°13'54" West, 28.66
feet; thence South 25°00'10" West, 46.93 feet; thence South
20·01 1 07 11 East, 52.29 feet; thence South 31°46 1 35" East, 47.48 feet
to a point on said northerly line of said Parcel 2 of said
"Coastal Commission Deed Restricted Area"; thence along said
northerly 1 ine the following: North 3 8 • 34 '01" West, 63. 50 feet;
thence North 09°13'24 11 West, 38.08 feet; thence North 18°48'20"
East, 94.72 feet; thence North 16°33'15" East, 23.99 feet; thence
North 17°19'52" West, 87.22 feet; thence North 28"4G'57" West,
67.96 feet; thence North 31°15'14" East, 85.70 feet; thence South
86°53'31" West, 55.38 feet; thence North 66°50 1 19" West, 19.34 feet
to the POINT OF BEGINNING
PARCEL 3 I
BEGINNING at an angle point in the northerly line of Parcel 2 of
said "Coastal Commission Deed Restricted Areas" per said document
No. 89-196176 being the intersection of the courses bearing South
03°39 1 33" East, 93.96 feet and South 36°50 1 10" East, 53.40 feet;
thence along said northerly line North 03"39'33" West, 77.00 feet;
thence leaving said northerly line South 13 • 50' 42" East, 73. 04
feet; thence South 24°39'33" East, 54.02 feet; thence South
70°57'18" East, 44.61 feet; thence South 51°29'01" East, 58.¼9
feet; thence South 59°30'59" East, 12.54 feet to· a point on said
northerly line of said Parcel 2 of said "Coastal Commission Deed
Restricted Areas''; thence a~ong said northerly line the following:
North 80°48'15" West, 63.75 feet; thence North 39°15'55" West,
61.46 feet; thence North 36°50'10" West, 53.40 feet to the POINT OF
BEGINNING.
PARCEL 4
BEGINNING at an angle point in the northerly line of Parcel 2 of
said "Coastal Commission Deed Restricted Areas" per said document
No. 89-196176 being the intersection of the courses bearing South
19°07'37" East, 37.91 feet and South 63°32'57" East, 60.02 feet;
thence along said northerly line North 19°07'37" West, 24.90 feet;
thence leaving said northerly line South 50"33'54" East, 8.09 feet;
thence South 67"25'28" East, 105.10 feet; thence NortH 81"36'01 11
East, 56.85 feet; thence North 72°07 1 18" East, 46.33 feet; thence
North 51"52'15" East, 34.30 feet; thence North 57°51 1 29" East,
66.48 feet; thence North 39°21'45" East, 25.28 feet; thence North
13°16 1 04" East, 51.42 feet; thence North 19°00'58" West, 57.63
feet; thence North 06"55'44" West, 30.44 feet; thence North
C-2
21"58'03" West, 63.02 feet; thence North 46"30'14" East, 13.01
feet; thence North 20"34'28" East, 29.93 feet; thence North
43"15 1 16" East, 101.52 feet; thence North 84"52'52" East, 9.39
feet; thence South 51"26'22" East, 23.33 feet to a point on said
northerly line of said Parcel 2 of said "Coastal Commission Deed
Restricted Areas"; thence along said northerly line the following:
South 67"47 1 08" West, 13.02 feet; thence South 40"36'01" West,
132.73 feet; thence South 60"52 1 34" East, 68.58 feet; thence South
23"18'58" East, 33.23 feet; thence South 02"58'48" West, 109.78
feet; thence South 30"22'16" West, 72.78 feet; thence South
50"53'53" West; 54.57 feet; thence South 70"17'04" West, 107.02
feet; thence South 86"19'20" West, 43.17 feet; thence North
72°53 1 23" West, 73.12 feet; thence North 63"32'57" West, 60.02 feet
to the POINT OF BEGINNING.
PARCELS
BEGINNING at an angle point in the easterly line of Parcel 2 of
said "Coastal Commission Deed Restricted Areas" per said document
No. 89-196176 being the intersection of the courses bearing South
11"20 1 55" East, 239.79 fe~t and South 57"43'53" East, 48.63 feet;
thence along said easterly line North 11"20 1 55 11 West, 67.40 feet;
thence leaving said easterly line South 28"32'03" East, 48.38 feet;
thence South 38°53 1 5111 East, 32.56 feet; thence South 53°07 1 41"
East, 34. 54 feet to a point on said easterly line of said
Parcel 2 of said "Coastal Commission Deed Restricted Areas";
thence along said easterly line the following: South 78"19'25"
West, 17.16 feet; thence North 57"43 1 53" West, 48.63 feet to the
POINT OF BEGINNING.
PARCEL 6
BEGINNING at an angle point in the easterly line of Parcel 2 of
said "Coastal Commission Deed Restricted Areas" per said document
No. 89-196176 being the intersection of the courses bearing South
05°40 1 29" West, 31.08 feet and South 28°09'13" West, 120.73 feet;
thence leaving said easterly line South 45°51'32" East, 23.03 feet;
thence South 43°25'48" West, 14.20 feet; thence South 40"44'21"
East, 14.64 feet; thence South 42°19 1 22" West, 10.68 feet; thence
South 15"50 1 21" West, 26.19 feet; thence South 41"03'28 11 West,
29.05 feet; thence South 19"33 1 20" West, 15.10 feet; thence South
36°00 1 40" West, 73.05 feet; thence South 44"17'08" West, 86.85
feet; thence South 82"03'0611 West, 37.93 feet; therice South
34'58'06" West, 45.87 feet; thence South 21'29'48" West, 14.51
feet; thence South 51"17'1011 West, 39.72 feet; thence South
61'52 1 00" West, 36.40 feet; thence South 54'17'29" West, 69.36
feet; thence South 69"00 1 33" West, 92.97 feet; thence South
41'07 1 52" West, 28.81 feet; thence South 31'53 1 5611 West, 31.50
feet; thence South 26"04 1 41" West, 35.16 feet; thence South
07"25 1 0811 West, 30.22 feet; thence South 17'39 1 28" West, 15.26
feet; thence South 86'18'38" West, 22.23 feet; thence Nort:.h
83'38 1 07" West, 63.24 feet; thence North 65'14 1 1311 West, 23.39
feet; thence North 51°42 1 38" West, 27.17 feet to a point on said
C-3
easterly line of said Parcel 2 of said "Coastal Commission
Deed Restricted Areas"; thence along said easterly line the
following: South 79"58'15" East, 58.90 feet; thence North 60•43•10 11
East, 42.38 feet; thence North 37°03'21" East, 99.10 feet; thence
North 47•34 1 45 11 East, 39.40 feet; thence North 78°44'50" East,
87.91 feet; thence North 24°41'46" East, 38.81 feet; thence North
46"41 1 37 11 East, 35.28 feet; thence North 65°16'39" East, 55.38
feet; thence North 13°58'55" East, 60.60 feet; thence North
54°06 1 00 11 East, 22.71 feet; thence North 84°20'30" East, 48.13
feet; thence North 43°26'50" East, 128.31 feet; thence North
28"09 1 1311 East, 120.73 feet to the POINT OF BEGINNING.
PARCEL 7
BEGINNING at an angle point in the northerly line of Parcel 2 of
said "Coastal Commission Deed Restricted Areas" per said document
No. 89-196176 being the intersection of the courses bearing South
85°40 1 52" East, 81.72 feet and North 66°35'21" East, 65.96 feet;
thence along said northerly line North 85°40 1 52" West, 67.90 feet;
thence leaving said northerly line North 24°41'56" East, 19.18
feet; thence North 74°27'04" East, 70.25 feet; thence North
43°11 1 48" East, 36.32 feet; thence North 33°11'06" East, 35.91
feet; thence North 15°05'42" East, 35.84 feet; thence North
09°15 1 59 11 West, 34.57 feet; thence North 26°02 1 05" West, 30.45
feet; thence North 28°31'40" East, 14.39 feet; thence North
05°30 1 4111 East, 15.78 feet; thence North 51°44'52" West, 12.90
feet; thence North 12°58'17" East, 59.89 feet; thence North
33°17 1 26" West, 42.76 feet; thence North 46°57'04" West, 107.65
feet; thence North 00°27'09" East, 9.24 feet; thence North
56°49 1 00 11 East, 36.62 feet; thence North 43°40 1 04" East, 43.85
feet; thence North 30°03 1 40" East, 62.81 feet; thence North
07 • 10 '56" West, 91. 40 feet; thence South 49 • 46 '59" East, 27. 96
feet; thence North 89"11 1 49" East, 16.72 feet; thence South
04°56'24" East, 18.61 feet; thence South 22•44·,32 11 East, 90.34
feet; thence South 18°42 1 3511 East, 44.01 feet to a point on said
northerly line of said Parcel 2 of said "Coastal Commission Deed
Restricted Areas"; thence along said northerly line the following:
North 74"20'12" West, 15.89 feet; thence South 49°48'37" West,
69.54 feet; thence South 39°59 1 22" West, 51.14 feet; thence South
58"32'44" East, 44.35 feet; thence South 02°31'50" East, 46.42
feet; thence South 12"58'17" West, 62.61 feet; thence South
51°44'52" East, 70.86 feet; thence south 08°19'33" East, 36.67
feet; thence South 09°59'45" West, 68.47 feet; thence South
31"05 1 23 11 West, 68.30 feet; thence South 66°35 1 21" West, 65.96 feet
to the POINT OF BEGINNING.
PARCEL 8
BEGINNING at an angle point in the easterly line of Parcel 3 of
said "Coastal Commission Deed Restricted Areas'' per said document
No. 89-196176 being the intersection of the courses bearing South
62•13 1 25 11 East, 71.44 feet and South 19'41 1 29'' East, 137.59 feet;
thence along said easterly line and thence the northerly line of
said Parcel 3 the following: North 62"13'25" West, 71.44 feet;
thence North 17"35'3511 West, 44.62 feet; thence North 08"16'37"
East, 19.52 feet; thence North 21"10'04" West, 63.17 feet; thence
North 09"21'29" West, 31.59 feet; thence North 37"32'16" West,
125.18 feet; thence south 86°00'32" West, 28.02 feet; thence South
22°35'47" West, 35.39 feet; thence South 44"37'02" West, 17.49
feet; thence South 64°47 1 33" West, 34.40 feet; thence South
25"17'10" West, 62.86 feet; thence South 28°16'10" East, 18.95
feet; thence leaving said northerly line North 35 • 10' 59" West,
68.47 feet; thence North 21°28'55 11 East, 73.84 feet; thence North
60"21'05" East, 51.32 feet; thence North 42°55 1 22" East, 63.20
feet; thence South 83"56 1 52" East, 20.85 feet; thence North
55"33'57" East, 16.63 feet; thence North 32°43'03" East, 50.34
feet; thence North 84"36'15" East, 25.90 feet; thence North
53"08'4811 East, 24.01 feet; thence South 22°16'20" East, 74.80
feet; thence South 33°27'24" East, 32.22 feet; thence South
11"02'17" East, 38.20 feet; thence South 36°52'39" West, 35.04
feet; thence South 12"28'28" West, 20.16 feet; thence South
14"51'57" East, 25.00 feet; thence South 33"57'48" East, 24.31
feet; thence South 05°18 1 40" East, 17.57 feet; thence South
36"11'19" West, 11.70 feet; thence South 05°23'52" East, 43.30
feet; thence South 12°26'13" East, 39.39 feet; thence South
12°30'14" East, 15.60 feet; thence South 29°53'15" East, 22.22
feet; thence South 61°11 1 0011 East, 10.65 feet; thence South
32"13'3111 East, 18.51 feet,; thence South 62°09'38" East, 16.55
feet; thence South 26°20'1511 East, 8.20 feet; thence South
47°34 1 51" West, 11.07 feet to the POINT OF BEGINNING.
PARCEL 9
BEGINNING at an angle point in the westerly line of Parcel 3 of
said "Coastal Commission Deed Restricted Areas" per said document
No. 89-196176 being the intersection of the courses bearing North
23"54 1 58" West, 165.94 feet and North 29°37 1 5111 West, 239.35
feet; thence along said westerly line South 23"54'58" East, 63.01
feet; thence leaving said westerly line North 73°47 1 06 11 West, 4.51
feet; thence North 46°27'47" West, 23.16 feet; thence North
22°36'22" West, 41.06 feet; thence North 21·02 1 5511 West, 74.36 feet
to a point on said westerly line of said Parcel 3 of said
"Coastal Commission Deed Restricted Areas"; thence along said
westerly line South 29"37'51" East, 76.98 feet to the POINT OF
BEGINNING.
PARCEL 10
BEGINNING at an angle point in the southerly line of Parcel 15 of
said "Coastal Commission Deed Restricted Areas'' per said document
No. 89-196176 being the intersection of the courses bearing South
84"16 1 04" West, 156.90 feet and South 43"42'49" West, 93.86 feet;
thence along said southerly line North 84°16 1 04" East, 12.95 feet;
thence leaving said southerly line South 00"52'26" East, 21.27
feet; thence south 33•31 1 52" West, 23.42 feet; thence south
10"44'00" East, 36.12 feet; thence South 20·1s 1 2111 East, 36.38
feet; thence South s2•41 1 09" West, 55.13 feet; thence South
C-5
30°40'37" West, 26.46 feet; thence South 13"32'19" East, 66.69
feet; thence South 53"17'22" East, 30.56 feet; thence south
35°16'37" East, 76.10 feet; thence South 05°57'24" West, 29.14
feet; thence South 00"25'02" West, 43.35 feet; thence South
08°10'57" West, 65.06 feet; thence North 73°34'26" West, 44.15
feet; thence North 67°56'03" West, 39.10 feet; thence North
58°35'44" West, 34.85 feet; thence North 63°52'41" West, 41.27
feet; thence North 81°50'38" West, 45.35 feet; thence North
64"55'45" West, 18.12 feet; thence North 39°33'16" West, 34.67
feet; thence North 47°41'33" West, 127.93 feet; thence South
82°47'00" West, 96.87 feet; thence South 62°38'55" West, 32.54
feet; thence North 62 • 13 '3 O" West, 68. 26 feet; thence South
82°03'04" West, 11.33 feet; thence North 66°41'21" West, 19.44
feet; thence North 55°50'02" West, 50.20 feet; thence North
46°12'49" West, 47.34 feet to a point on said southerly line of
said Parcel 15 of said Coastal Commission Deed Restricted Areas;
thence along said southerly line the following: South 67°.52 '05"
East, 55.43 feet; thence North 77°51 1 44" East, 64.10 feet; thence
South 81°36'20" East, 182.37 feet; thence South 41°10'33" East,
178.08 feet; thence South 64°56'07" East, 135.86 feet; thence North
67°37'47" East, 27.79 feet; thence North 26°59'38" East, 44.38
feet; thence North 01·01 1 08 11 West, 17.23 feet; thence North
35°43'26" West, 85.45 feet; thence North 04°16'22" West, 206.66
feet; thence North 43°42'49" East, 93.86 feet to the POINT OF
BEGINNING.
PARCEL 11
BEGINNING at an angle point in the easterly line of Parcel 2 of
said "Coastal Commission Deed Restricted Areas" per said document
No. 89-196176 being the intersection of the courses bearing North
76°00'06" East, 369.07 feet and North 31°39'15" East, 52.':..o feet;
thence along said easterly line South 76°00'06" West, 161.35 feet;
thence leaving said easterly line North 04 • 31' 17" ·west, 57. 51 feet;
thence North 82°08 1 03" East, 15.96 feet; thence North 59"37'38 11
East, 30.34 feet; thence North 46°47 1 01" East, 27.34 feet; thence
North 88°39'17" East, 43.67 feet; thence North 79°51'35" East,
17.95 feet; thence North 48°04 1 49" East, 41.41 feet; thence North
·25•30•0011 East, 74.01 feet; thence North 01·02 1 2511 East, 123.94
feet; thence North 10°56'01" East, 46.32 feet; thence North
00"23'21" West, 33.08 feet; thence North 27°11'48" West, 30.00
feet; thence South 67°21'34" East, 74.48 feet to a point on said
easterly line of said Parcel 2 of said "Coastal Commission
Deed Restricted Areas"; thence along said easterly line the
following: south 29"31'48" West, 16.61 feet; thence South 10•15•37 11
East, 106.97 feet; thence South 26°59'43" West, 175.29 feet; thence
South 09°13 1 58" East, 33.82 feet; thence South 31°39'15" West,
52.18 feet to the POINT OF' BEGINNING.
PARCEL 12
BEGINNING at an angle point in the westerly line of Parcel 1~ bf
said "Coastal Commission Deed Restricted Areas" per said document
No. 89-196176 being the intersection of the courses bearing North
C-6
83°58 1 23" East, 60.76 feet and South 65°53'5111 East, 36.99 feet;
thence leaving said westerly line North 74°23 '21" East, 16.02 feet;
thence South 54•59 1 43 11 East, 60.80 feet; thence North 65.25 1 00 11
East, 22.10 feet; thence North 24°33'2711 East, 31.80 feet to a
point on said westerly line of said Parcel 15; thence along said
westerly line the following: South 06°33'34" East, 38.00 feet;
thence South 11•32 1 5711 West, 38.60 feet; thence North 49•57•02 11
West, 42.45 feet; thence North 65°53'5111 West, 36.99 feet to the
POINT OF BEGINNING.
PARCEL 13
COMMENCING at a point on the westerly line of said Record of
Survey No. 10774, said point being the northerly terminus of that
course described as North 00"30'45" East, 1357.73 feet; thence
along said westerly line South 89°08'21" East, 197.99 feet
(North 89"08 1 32" West per said R of S No. 10774 and per said
document No. 89-196176 O.R.) to the most easterly corner of Parcel
4 of said "Coastal Commission Deed Restricted Areas" per said
document No. 89-196176, and the TRUE POINT OF BEGINNING; thence
continuing along said westerly line South 89°08 1 21" East, 241.98
feet; thence leaving said westerly line South 05 • 26'24 11 East, 54. 72
feet; thence South 33°17 1 24" West, 11.68 feet; thence North
70°45 1 47" West, 30.75 feet; thence North 46°12'09" West, 56.78
feet; thence North 71°47'27" West, 22.21 feet; thence South
80°14 1 33" West, 31.88 feet; thence North 48°46'12" West, 20.28
feet; thence North 89°08'21" West, 33.00 feet; thence South
70°13 1 24" West, 37.21 feet; thence North 69°46 1 17" West, 16.84
feet; thence South 84°12'43" West, 73.23 feet; thence South
15°14 1 48" West, 13.81 feet; thence South 51°07'06" West, 27.36
feet; thence South 81°50'53" West, 29.34 feet; thence North
58°52'07" West, 12.67 feet; thence North 82°01 1 58" West, 22.17 feet
to a point on the southerly line of said Parcel 4 of said
"Coastal Commission Deed Restricted Areas"; thence along said
southerly line the following: North 52°01'23" East, 12.48 feet;
thence North 69°10 1 20 11 East, 67.75 feet; thence North 86"32'1611
East, 39.54 feet; thence North 73"49'51" East, 29.02 feet to the
TRUE POINT OF BEGINNING.
PARCEL 14
BEGINNING at an angle point in the westerly line of Parcel 15 of
said "Coastal Commission Deed Restricted Areas" per said document
No. 89-196176 being the intersection of the courses bearing North
08"40 1 27 11 West, 81.42 feet and North 69"45'50" West, 121.97 feet;
thence along said westerly line the following: South 08 •40' 27"
East, 81.42 feet; thence South 19"23 1 56" East, 179.04 feet; thence
South 64"00 1 36" East, 28.89 feet; thence South 85"44'05" East,
113.33 feet; thence South 12"29 1 18" East, 93.56 feet; thence South
24•53•3711 East, 105.81 feet; thence South 04"05 1 0411 West, 53.29
feet; thence South 34"04 1 3011 East, 63.83 feet; thence South
01"47'23" West, 58.30 feet; thence South 42"42'11" East, 63.42
feet; thence South 08"18'21" West, 59.06 feet; thence South
32"40'24" East, 45.25 feet; thence South 13"12 154 11 West, 41.71
C-7
feet; thence South 40"57'49" East, 106.87 feet; thence South
22•54 1 49" West, 45.34 feet; thence South 39"59'50" East, 109.13
feet; thence South 07"44'34" East, 98.61 feet; thence South
30°35 1 3511 West, 53.23 feet; thence South 09°21'33" East, 116.83
feet; thence South 37•02 1 1011 East, 19.15 feet; the:ice South
03"50 1 5811 West, 125.02 feet; thence South 44°31'24" West, 66.78
feet; thence South 06°33'34" East, 21.16 feet; thence leaving said
westerly line North 20°49'30" West, 66.04 feet; thence North
49°32 1 35 11 East, 34.46 feet; thence North 08°17'08" East, 59.15
feet; thence North 29°33 1 50 11 East, 13.61 feet; thence North
00°44 1 18" East, 15.36 feet; thence North 17°42'58" West, 20.21
feet; thence North 42°53'42" West, 37.64 feet; thence North
49"51 1 20" East, 14.52 feet; thence North 18°12'19" East, 36.94
feet; thence North 00·21 1 21 11 West, 48.86 feet; thence North
05"07 1 47 11 East, 27.91 feet; thence North 26°20'35" East, 43.60
feet; thence North 00"05'41" East, 63.04 feet; thence North
25"53 1 03 11 West, 15.79 feet; thence North 08°23'10" East, 14.42
feet; thence North 37"23'25" West, 65.70 feet; thence North
50•00 1 2911 West, 44.15 feet; thence North 27°11'49" East, 34.24
feet; thence North 07°51'44 11 West, 24.01 feet; thence North
38°11 1 55" West, 54.63 feet; thence North 50°54'57 11 West, 33.67
feet; thence North 13°40'14" East, 45.23 feet; thence North
33°23 1 1711 West, 50.13 feet; thence North 06°48 1 1411 East, 45.81
feet; thence North 21°28}24" West, 30.30 feet; thence North
50°57 1 47 11 West, 36.01 feet; thence North 05°21'33 11 East, 44.09
feet; thence North 11°33'25 11 West, 32.14 feet; thence North
48°32'0811 West, 42.90 feet; thence North 04°13 1 46" East, 54.34
feet; thence North 24°17'0511 West, 92.51 feet; thence North
14°53'32" West, 62.92" feet; thence North 23°38 1 32 11 West, 45.86
feet; thence South 87°11 1 27" West, 59.30 feet; thence North
55°53'4111 West, 33.40 feet; thence North 76°09'55 11 West, 38.65
feet; thence North 45°45 1 52" West, 26.12 feet; thence North
34°53'28" West, 95.33 feet; thence North 43°12 1 27" West, 36.29
feet; thence North 37°25 1 43 11 West, 121.77 feet; thence North
44°12'33 11 West, 100.95 feet; thence North 60°23'3911 ·West, 75.00
feet; thence North 70°45 1 06 11 West, 70.53 feet; thence North
17°31 1 24 11 East, 67.76 feet; thence North 16°55 1 06 11 East, 2.44 feet
to a point on said westerly line of said Parcel 15 of said Coastal
Commission Deed Restricted Areas; thence along said westerly line
the following: South 50 • 13 1 27" East, 167. 98 feet; thence South
76"41 1 3211 East, 42.76 feet; thence South 69"45 1 5011 East, 121.97
feet to the POINT OF BEGINNING.
PARCEL 15
COMMENCING at an angle point in the easterly line of Parcel·6 of
said "Coastal Commission Deed Restricted Areas" per said document
No. 89-196176 being the intersection of the courses bearing South
10"58 1 37" West, 40.05 feet and South 43.54 1 39" West, 37.61 feet;
thence along said easterly line North 10°58 1 37" East, 9.09 feet
to the TRUE POINT OF BEGINNING; thence continuing along said
easterly line North 10 • 58 '3 7" East, 3 o. 9 6 feet; thence North
38"57 1 25" West, 8.83 feet; thence leaving said easterly line North
c-a
87°25'55" East, 0.70 feet; thence South 77°09 1 39" East, 6.01 feet;
thence South 69°15'17" East, 11.35 feet; thence South 15°23'03 11
East, 18.51 feet; thence South 57"51'21" West, 26.49 feet to the
TRUE POINT OF BEGINNING.
PARCEL 16
COMMENCING at an angle point in the easterly line of Parcel 6 of
said "Coastal Commission Deed Restricted Areas" per said document
No. 89-196176 being the intersection of the courses bearing South
38°43'28" East, 59.31 feet and South 54°51 1 44" East, 33.67
feet; thence along said easterly line South 54°51'44" East, 29.44
feet to the TRUE POINT OF BEGINNING; thence leaving said easterly
line South 76°39'41" East, 11.15 feet; thence South 18°40'10" East,
39.94 feet to a point on said easterly line of said Parcel 6;
thence along said easterly line North 27°58 1 50" West, 43.00 feet;
thence North 54°51 1 44" West, 4.23 feet to the TRUE POINT OF
BEGINNING.
PARCEL 17
COMMENCING at an angle point in the easterly line of Parcel 6 of
said "Coastal Commission Deed Restricted Areas" per said document
No. 89-196176 being the intersection of the courses bearing South
38°43 1 2811 East, 59.31 feet and South 54"51 1 44" East, 33.67 feet;
thence along said easterly line North 38°43 1 28" West 37.00 feet
to the TRUE POINT OF BEGINNING; thence continuing along said
easterly line North 38°43 1 28 11 West, 22.31 feet; thence North
44°44 1 33" West, 40.95 feet; thence leaving said easterly line North
84°31 1 1.5" East, 27.00 feet; thence South 17°57 1 38 11 East, 51.58 feet
to the TRUE POINT OF BEGINNING.
PARCEL 18
BEGINNING at an angle point in the northerly line of Parcel 6 of
said "Coastal Commission Deed Restricted Areas" per said document
No. 89-196176 being the intersection of the courses bearing North
58"22'53" East, 57.94 feet and North 29"18'57" East, 1.17.94 feet;
thence along said northerly line South 58°22'53" West, 43.17 feet;
thence leaving said northerly line North 18 ° 05 1 51" East, 37 .18
feet; thence North 64"07'44" East, 17.70 feet; thence North
55"33 1 12" East, 40.95 feet to a point on said northerly line of
said Parcel 6; thence along said northerly line South 29°18 1 57"
West, 50.00 feet to the POINT OF BEGINNING.
PARCEL 19
BEGINNING at an angle point in the southerly line of Parcel 5 of
said "Coastal Commission Deed Restricted Areas" per said document
No. 89-196176 being the intersection of tha courses bearing North
01"19'19" West, 122.83 feet and North 38"42 1 55" West, 34.03 feet;
thence leaving said southerly line North 43 • 59 1 50" West, 23. 82
C-9
feet; thence North 76"49'41" West, 50.87 feet; thence North
56.31'50" West, 16.43 feet; thence South 61.50'39" West, 31.72
feet; thence North 31"42'05" West, 43.91 feet; thence North.
69°46'09" West, 11.48 feet; thence North 58"08'38" West, 27.02
feet; thence North 78"22'21" West, 25.19 feet; thence South
81°02'23" West, 39.31 feet; thence North 43°23'46" West, 22.05
feet; thence North 80"30'09" West, 19.45 feet; thence South
10•22 1 3911 West, 28.42 feet; thence North 77"43'57" West, 61.91
feet; thence South 87"39'01" West, 33.63 feet; thence South
00·11 1 38" West, 43.83 feet; thence South 63"51'55" West, 22.00
feet; thence North 09°03'40" West, 90.00 feet to a point on the
westerly line of said Record of Survey No. 10774; thence along
said westerly line South 89°08'21" East, 10.83 feet to a point on
said southerly line of said Parcel 5 of said "Coastal Commission
Deed Restricted Areas"; thence leaving said westerly line and
along said southerly line the following: South 42 °17 1 28" East,
52.35 feet; thence South 79°53 1 26" East, 56.50 feet; thence South
87°34 1 02" East, 135.39 feet; thence South 74"26 1 36" East, 42.66
feet; thence South 12°49 1 15" East, 21.60 feet; thence South
80°29'24" East, 31.96 feet; thence South 55"48 1 57" East, 52.83
feet; thence South 74"49'17" East, 83.93 feet; thence South
38°42 1 55" East, 34.03 feet to the POINT OF BEGINNING.
I
PARCEL 20
COMMENCING at an angle point in the easterly line of Parcel 5 of
said "Coastal Commission Deed Restricted Areas" per said document
No. 89-196176 being the intersection of the courses bearing South
05°42 1 38" West, 94.76 feet and South 78°15 1 58" West, 33.59 feet;
thence along said easterly line South 78"15'58" West, 10.72 feet
to the TRUE POINT OF BEGINNING; thence leaving said easterly line
South 25°41'57" East, 25.66 feet; thence South 87"21'57" West,
29.85 feet; thence South 28°37'42" West, 64.38 feet; thence South
35°10'05" West, 37.17 feet; thence South 09°48 1 27" West, 35.74
feet; thence North 55°16'55" West, 19.57 feet; thence South
66°24 1 15" West, 13.72 feet; thence South 23°57 1 39" West, 23.78
feet; thence South 21"45'55" East, 13.84 feet; thence South
75°13 1 13" West, 12.46 feet; thence south 69°24 1 35" West, 28.82
feet; thence North 80°13'01" West, 38.73 feet; thence South
85°30'05" West, 19.31 feet to a point on the easterly line of said
Parcel 5; thence along said easterly line South 54°28'11" West,
34.99 feet; thence leaving said easterly line of said Parcel 5,
South 36"47 1 20" West, 39.59 feet; thence South 30°50 1 14" West,
67.28 feet; thence South 23"19'59" West, 36.74 feet; thence South
77°23'33" West, 54.46 feet; thence North 04"46'50" West, 12.28 feet
to a point on said easterly line of said Parcel 5 of said
"Coastal Commission Deed· Restricted Areas"; thence along said
easterly line the following: North 54 • 05' 11" East, 44. 08 feet;
thence North 36 • 4 6 '57" East, 51. 56 feet; thence North 44 • 01 1 27 11
East, 56.67 feet; thence North 54°28 1 11" East, 89.44 feet; thence
North 60·01 1 20 11 East, 59.96 feet; thence North 49"39 1 09" East,
62.71 feet; thence North 30°57 1 23" East, 49.12 feet; thence North
23°06'5111 East, 34.11 feet; thence North 50•45 1 3711 East, 29.09
C-10
feet; thence North 78°15'58" East, 22.87 feet to the TRUE POINT OF
BEGINNING.
PARCEL 21
BEGINNING at an angle point in the easterly line of Parcel 5 of
said "Coastal Commission Deed Restricted Areas per said document
No. 89-196176 being the intersection of the courses bearing
South 16°06 1 33" West, 110.74 feet and South 02°38 1 05 11 West, 111.25
feet; thence along said easterly line North 16°06 1 33" East, 43.01
feet; thence leaving said easterly line South OJ 0 48 '02 11 West,
118.48 feet; thence South 04°52 1 1211 East, 136.61 feet; thence South
15°32 1 48" East, 61.97 feet; thence South 31"51'07" East, 30.20
feet; thence South 42°46 1 1611 East, 39.92 feet; thence South
62°12 1 40" East, 34.78 feet; thence South 72°14'01" East, 25.14
feet; thence South l.3°00 1 24 11 East, 24.51 feet; thence South
47"57 1 55" East, 57.37 feet; thence South 23"38 1 13" East, 37.16
feet; thence South 24"32 1 48 11 East, 77.84 feet; thence South
12°53 1 25" East, 105.39 feet; thence South 37°45 1 32" East, 99.34
feet; thence South 00°41 1 1011 East, 63.86 feet; thence South
32°59 1 34 11 West, 39.56 feet; thence South 12°44 1 5511 West, 24.60
feet; thence South 08°51 1 1011 East, 68.44 feet; thence North
68°09 1 5311 East, 25.58 feet; thence south 23°17 1 03 11 East, 43.38
feet; thence South 27°32'1711 West, 66.66 feet; thence South
33°15 1 49" West, 48.97 feet to a point on said easterly line of
said Parcel 5 of said "Coastal Commission Deed Restricted
Areas"; thence along said easterly line the following: North
05°42 1 3811 East, 43.27 feet; thence North 01•23 1 22 11 West, 47.19
feet; thence North 00°35 1 58 11 West, 106.87 feet; thence North
14°03 1 21" West,· 301.04 feet; thence North 29°17 1 23" West, 80.28
feet; thence North 44°58 1 49 11 West, 96.80 feet; thence North
23°17'31" West, 40.77 feet; thence North 52°12'55 11 West, 32.43
feet; thence North 29°16 1 07 11 West, 34.89 fe~t; thence North
17°35'06" West, 81.14 feet; thence North 09°59'4611 West, 116.95
feet; thence North 02°38 1 05" East, 111.25 feet to the POINT OF
BEGINNING.
PARCEL 22
BEGINNING at an angle point in the westerly line of Parcel 15 of
said "Coastal Commission Deed Restricted Areas" per said document
No. 89-196176 being the intersection of the courses bearing North
08°41 1 47" East, 57.70 feet and North 57°37 1 2511 East, 90.67 feet;
thence along said westerly line the following: South 08°41 1 47 11
West, 57.70 feet; thence South 16°53'03" West, 64.26 feet; thence
South os•19 1 03 11 East, 56."72 feet; thence South 24°14 1 03 11 East,
82.68 feet; thence South 38°16 1 42 11 East, 39.33 feet; tttence South
45•41 1 53 11 East, 68.20 feet; thence south 04•05 1 os 11 East, 60.06
feet; thence South 57°23'2611 West, 80.89 feet; thence South
06°46 157" East, 24.32 feet; thence south 52°39 1 56" East, 53.06
feet; thence South 37°38'3211 East, 75.06 feet; thence South
01 • 1s '32 11 West, 63. 40 feet; thence South 48 • 36' 2611 West, 39. 44
C-11
I
-1
feet; thence South 35"31'28" East, 60.04 feet; thence South
00•12 1 4311 East, 98.35 feet; thence South 48°00'59 11 West, 51.35
feet; thence leaving said westerly 1 ine North 2 0 • 12 '3 l" West, 7 5. 3 6
feet; thence North 16 • 2 6' 03" East, 41. 02 feet; thence North
08°52 1 16" West, 46.70 feet; thence North 13°06'32" East, 27.94
feet; thence North 31"22'39" East, 53.13 feet; thence North
54°31 1 47 11 West, 125.90 feet; thence North 39"15 1 06" West, 17.45
feet; thence North 09"30'54" West, 16.97 feet; thence North
32°53 1 18 11 East, 40.39 feet; thence North 19"04'11" West, 61.35
feet; thence North 34"15'22" West, 77.36 feet; thence South
65.23'41" East, 34.87 feet; thence North 67"17'46" East, 43.53
feet; thence North 11·22 1 25" West, 212.08 feet; thence North
13•21 1 0111 East, 116.87 feet; thence North 19"40'03" West, 17.39
feet; thence South 76°09 1 41" East, 20.74 feet to a point on said
westerly line o~ said Parcel 15 of said "Coastal Commission
Deed Restricted Areas"; thence along said westerly line South
57"37'25" West, 8.13 feet to the POINT OF BEGINNING.
PARCEL 23
COM11ENCING at an angle point in the easterly line of Parcel 7 of
said "Coastal Commission Deed Restricted Areas'' per said document
No. 89-196176 being the intersection of the courses bearing South
26°20 1 32" West, 66.30 feet and South 27°05'50" West·, 161.62 feet;
thence along said easterly line South 27°05 1 50" West, 137.13 feet
to the TRUE POINT OF BEGINNING; thence leaving said easterly line
South 17°29 1 28 11 West, 113.06 feet; thence South 49°22'48" West,
52.74 feet; thence North 89"25 1 5111 West, 8.97 feet to a point on
the westerly line of said Record of survey No. 10774; thence
along said westerly line North 00"34 1 09 11 East, 68.15 feet to a
point on said easterly line of said Parcel 7 of said Coastal
Commission Deed Restricted Areas"; thence leaving said westerly
line of said Record of Survey No. 10774 and along said easterly
line of said Parcel 7, South 43 "14 1 17 11 East, 10. 07 feet; thence
North 47"12'4711 East, 87.55 feet; thence North 27"05'50" East, 24.49
feet to the TRUE POINT OF BEGINNING.
PARCEL 24
BEGINNING at an angle point in the easterly line of Parcel 7 of
said "Coastal Commission Deed Restricted .\reas" per said document
No. 89-196176 being the intersection of the courses bearing South
43•37•5211 East, 67.19 feet and South 01°34'30" East, 205.87 feet;
thence along said easterly line the following: North 43"37'52"
West, 67.19 feet; thence North 29°29'18" West, 47.96 feet; thence
North 07°50 1 00" East, 170.54 feet; thence North 35"21'53" East,
20.67 feet; thence North 60°10 1 34" East, 57.69 feet; thence North I 30"36 1 43" West, 45.94 feet; thence North 57°38 1 14" West, 19.31
feet; thence North 38"23'05" East, 78.79 feet; thence North
10·22 1 1011 East, 31.02 feet; thence North 25"20'05" West, 44.33
feet; thence North 11"48 1 07" East, 37.22 feet; thence North
12"06'29" West, 321.83 feet; thence North 50°59'26" West, 31.22
feet; thence North 17"11'48" West, 31.60 feet; thence North
C-12
62•2S'06" East, 14.29 feet; thence North 06"28'57" West, 8.60 feet;
thence North 15.56'07" East, a.as feet; thence North 10"54'15"
West, 66.54 feet; thence North 24•5a•1a11 East, 22.23 feet; thence
North 03 • 11 1 32" East, 10. 49 feet; thence leaving said easterly line
North aa•49 1 16" East, 42.25 feet; thence South 15°53'30" East,
68.57 feet; thence South 35°37'52" West, 62.13 feet; thence South
20•16'23" East, 128.76 feet; thence South 26°10'17" East, 108.23
feet; thence South 14°45'20" East, 91.50 feet; thence South
07•07•3911 East, 58.08 feet; thence South 16°52'20" East, 72.08
feet; thence South 11°39 1 38" East, 62.08 feet; thence South
19•21 1 45" West, 54.87 feet; thence South 89°30'55" East, 50.83
feet; thence South 22°33 1 00" East, 83.38 feet; thence South
30°37 1 54" East, 67.85 feet; thence South 14"24'11" East, 23.50
feet; thence South 37•17•3911 East, 48.25 feet; thence North
10·16 1 01" East, 18.75 feet; thence South 48°45'29" East, 21.21
feet; thence South 29°34'07" East, 76.65 feet; thence South
38°08 1 14" East, 32.81 feet; thence South 56°10'17" East, 71.68
feet; thence South 60°21'0411 East, 28.24 feet; thence South
35•26 1 16" West, 7.50 feet; thence South 86.0 35 1 42" West, 12.16 feet;
thence North 76°20 1 4011 West, 14.09 feet; thence South 77•45•5511
West, 14.99 feet; thence South 52°43'16" West, 14.55 feet; thence
South 38.57'26" West, 34.50 feet; thence South 73"08'02 11 West,
11.07 feet; thence North 23°21'02" West, 24.00 feet; thence South
50°17 1 5611 West, 46.53 feet,: thence South 82"18'45" West, 64.43
feet; thence South 46 • 20 '03" West, 4 7. 69 feet; thence South
74•02·1 2611 West, 91.51 feet; thence South 60°22 1 27" West, 32.27
feet; thence South 56°16'12" West, 25.53 feet; thence South
63°51 1 58" West, 50.22 feet; thence south 54°40 1 01 11 West, 0.92 feet
to a point on said easterly line of said Parcel 7; thence along
said easterly line North 01°34 1 30" West, 177.22 feet to the POINT
OF BEGINNING.
PARCEL 25
BEGINNING at an angle point in the westerly line of Parcel 15 of
said "Coastal Commission Deed Restricted Areas" per said document
No. 89-196176 being the intersection of the courses bearing South
62•05 1 38 11 East, 77.40· feet and North 76"54'45" East, 65.68 feet;
thence along said westerly line North 62°05 1 38 11 West, 45.68 feet;
thence leaving said westerly line North 54°26 1 37" East, 10.90 feet;
thence South 79"43'35" East, 86.08 feet to a point on said westerly
line of said Parcel 15; thence along said westerly line South
76°54'45 11 West, 54.62 feet to the POINT OF BEGINNING.
PARCEL 26
BEGINNING at an angle point in the northerly line of Parcel 14 of
said "Coastal Commission Deed Restricted Areas" per said document
No. 89-196176 being the intersection of the courses bearing North
41.37'57" East, 279.24 feet and South 22°35 1 4711 East, 25.00 feet;
thence along said northerly line South 41°37'57"West, 36.12 feet;
thence leaving said northerly line North 12 • 08 1 55" East, 38. 50
feet; thence North 46"45 1 21" East, 14.54 feet; thence North
17"34 1 00"East, 35.78 feet; thence North 00"43 1 00 11 West, 38.57 feet;
C-13
thence North 19.56'26" East, 25.75 feet; thence North 03"23'50"
West, 69.75 feet; thence North 30°38'14" East, 34.12 feet; thence
South 59•21 1 45 11 East, 18.11 feet; thence South 87°59'18" East,
33.44 feet; thence North 41"57'55" East, 44.63 feet; thence South
86°55'00" East, 17.00 feet; thence South 39°09'54 11 East, 38.21
feet; thence south 74"19'0811 East, 9.65 feet; thence South
28°50'59" East, 9.47 feet; thence south 89°44'51" East, 62.90 feet
to a point on the westerly line of City of Carlsbad Tract 85-35,
Aviara Phase I -Unit E, according to the Map thereof No. 12413;
thence along said westerly line South 47°10'50" West, 294.75 feet;
thence South 40°43'12" West, 6.59 feet to a point on said northerly
line of said Parcel 14; thence leaving said westerly line and
along said northerly line North 22°35 1 47" West, 8.45 feet to the
POINT OF BEGINNING.
PARCEL 27
BEGINNING at an angle point in the westerly line of Parcel 15 of
said "Coastal Commission Deed Restricted Areas'' per said document
No. 89-196176 being the intersection of the courses bearing North
38°45'5011 East, 85.68 feet and North 16°24'28'' East, 58.16 feet;
thence along said westerly line South 38°45'50" West, 26.16 feet;
thence leaving said westerly line North 19 • 54 '34" East, 67. 84 feet;
thence North 84°02'53" East~ 6.28 feet to a point on said westerly
line of said Parcel 15; thence along said westerly line South
16°24 1 2811 West, 45.91 feet to the POINT OF BEGINNING.
This legal description was· prepared
by me or under my direction in
conformance with the Land Surveyors Ac\trrch 19917 Wd ~, ,:/19/V Dale A. Davis
L. S .. 5894
License Expiration Date: 12/31/92
POOR
QUALITY
ORIGINAL (S)
PLAT TO /LLUSTRA TE LEGAL DESCRIPTION FOR
COASTAL RESOURCE GIVE BACK/TAKE AREAS
SHEET 1 OF 24 SHEETS
"FINAL
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NOT£:
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CN ......... ,-
Ul z:
l I IND/CA TFS COASTAL COMMISSION '
' ' · ' · ' DEED RESTRICTFO AREA PER
1 1 1 • 1 DOC. REC. 4-14-89 AS FILE
NO. 89-196176 O.R. TO REMAIN
CITY OF CARLSBAD TRACT 73J39
MAP NO, 8453
Ft Or S, 1077 4
~ ~ r\,
co· t¢~
c3-~· 28
~ ~· 33 ~·
LEGEND:
R, Of S, 1077 4
21
34
T12S .R4W S,B,M,
................. IND/CA TFS •AREA OF TAKE• (PORTJONS OF AREA TO BE QUITCLAIMED FROM
•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•: OPEN SPACE DEED RESTRICTJON/STEEP SLOPES DESCRIBED IN EXHIBIT "B"
................. OF DOC. REC. 04-14-89 AS FIL£ NO. 89-196178, O.R.) .
V//////1 IND/CA TFS "AREA OF GIVE: BACK• (AREAS CREA TFD AS OPEN SPACE DEED ~ ..... '-L...~..c....J;...J:J RESTRICTJON/STFEP SLOPES)
..
0
0
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PLA T TO ILLUSTRA TE LEGAL DESCRIPTION FOR
COASTAL RESOURCE GIVE BACK/TAKE AREAS
SHEET 2 OF 24 SHEETS
PARC£/. GG -SHT 16
PARCE:l. 23 -SHT 16
............. . .... ····· .. . . . . . . . . . . . .
PMCEL FF -SHT 15 ----~·;..:..· ·.:...:..· ........ .
PARCEL 21 -SHT 1.f. -
PARCEL N -SHT 1J
PMCEl. P -SHT 23
PARC£l. 20 -SHT 13
PARCEL 19 -SHT TJ
LEGEND:
PARC£1. 2.f. -SHT 17
PARCEL 26 -SHT 18
PARCEL HH -SHT 18
PARC& £E -SHT 19
PARC£/.. 22 -SHT 19
PARC£/.. CC -SHT 19
PARCEL 25 ._ SHT 19
PARCEL BB -SHT 19
PARC£1. 1..f. -SHT 20
.............. IND/CA TES .AREA OF TAKE. (PORTIONS OF AREA TO BE QUITCLAIMED FROM
·:::::::::::::. OPEN SPACE DEED RESTRICTION/STEEP SLOPES DESCRIBED IN EXHIBIT "B •
.............. OF DOC. REC. 04-14-89 AS FILE NO. 89-196176, O.R.)
~IND/CATES "AR£A OF GIVE BACK .. (AREAS CREA TED AS OPEN SPACE D£ED
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PLAT TO ILLUSTRATE LEGAL DESCRIPTION FOR
COASTAL RESOURCE GIVE BACK/TAKE AR(AS
SHEET J OF 24 SHEETS
"-PARCEl. A -SHT -1-
-......
IJ -SHT -I
PARCEL 19 -SHT 13
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PARCEL 8 -SHT 5
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PARC£L 2 -SHT 6
PARCEL J -SHT 11
PARC£L 9 -SHT 11
PARCEL I -SHT 12
PARCEL 7 -SHT 7
PARCEL T -SHT 8
PARC£/. 3 -SHT 6
PARC£L C -SHT 6
PARCEJ. 0 -SHT 6
PARC£!. G -SHT 7
PARCEL H -SHT 8
PARC£/. 6 -SHT 8
--PARCEL + -SHT 7 ..__. __ PARC£/. F -SHE:T 9
---PARCEL E -SHT 9
-----PARCEL 5 -SHT 9 ', ',
PARC£1. L -SHT IJ
PARCE:L 20 -SHT 13
PARCEL N -SHT 13
PARC£L 1.f. -SHT 20
-----PARCEL 18 -SHT 23
,--¥-....,.-PARCEL P -SHT 23
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---PARCEL V -SHT 21
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" ' J PARCEL AA -SHT 10
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LEGEND:
>I
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.......... -~-IND/CA TES • AREA OF TAK£• (POR TlONS OF AREA TO 8£ OU/ TCLAIM£0 FROM
OPEN SPACE 0££D RESTRIC770N/STEEP SLOPES DESCRIBED IN EXHIBIT •e•
----~~..;..., OF DOC. R£C. 04-14-89 AS FIL£ NO. 89-196176, O.R.)
///1/1///1 !NO/CA TES •AREA OF ClvF BACK"' (AREAS CREA TED AS OPEN. SPACE OEEO
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COASTAL RESOURCE GIVE BACK/TAKE AR~AS
TPOB PAR. 1---z=-[
108.85'/ -
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SHEET 4 OF 24 SHEETS
CITY OF CARLSBAD TRACT 73-39
MAP N0.8463
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SE1/4 Of S.Ei/4
Of SEC. 28
T12S R4W S.B.M.
R, 0. S, 1077 4
I !NO/CA TES COASTAL COMMISSION 0££0 RESTRICTE:O AREA PER OOC. REC.
' ' ' '_ 04-14-89 AS FIL£ NO. 89-196176, O.R. TO REMAIN
....... , . /NO/CA TES "AREA OF TAK£" (POR TlONS OF AREA TO BE' QUI TCLAIMEO FROM
'.'.'.".".'.".".'." OPEN SPACE 0££0 R£STRICT10N/STE£P SLOPES OESCRIBEO IN EXHIBIT "B"
----OF DOC. REC. 04-14-89 AS Fil£ NO. 89-196176, O.R.)PAR. -A=0.026 AC
~ IND/CA TE:S "AREA OF GlvE" BACK" (AREAS CREA TE:D AS OPEN SPACE DEED
'-~..__._____._ __ ..... RESTRICT10N/STE£P SLOPES) PAR. 1=0.158 AC, PAR. 1.J=O. 169 AC
0' 100' 200' ~ P.t:D TECHNO<.OG1£S 100' h. fCf ,err "A' rT1ICIT, SUTr Z3,00
:/.Ni D,flll1 ~ lt11n
...... ~ . --1 -Nl1 '~"" ,, ~ oJ-~,, ~n-1 GRAPHIC $CJL£1 1'•100'
1ARA PHASE II 0£ED R£STR!CT10NS C-18
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300'
PLAT TO ILLUSTRATE LEGAL DESCRIPTION FOR
COASTAL RESOURCE GIVE BACK/TAKE AREAS
SHEET 5 OF 24 SHEETS
CTTY Of CARLSBAD TRACT 73-39
MAP No. 8453
ew 114 oF
---~P.aC:= ANCLEPO!NT!N W'LYLINE OF R.O.S. 10774
SE 1/4 OF SEC. 28 I SE 1/4 Of SE 1/4 Of SEC. 28
T12S, vi R4W, S.B.M. c::,
NOO'J!'09"E 55.94'
N71 '25'27•w
N79'54'1o•E
N19'54'22"W
N55'27'J9•E
N22'J7'J5•w
NO 1 '05 'J4 "E
N06'47'51 ·w
N07'08'56"E
N27iJ'03"W
NOJ'J1 '26"W
N21 '00'02"W
N02'J4'45"E
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N11'4J'56.£ 41.82-' ---==-
N 19 '55 'J 2 ,. W 5 2. JJ '--=-----..::::
~ T.P. O.S PARCEL 7r c::,
'N . N88'42'J9"W 217.22.'
-...-"---'-
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N6 7'56 146 "£ JS. 63 •---~~i=~~=;~:.--:
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N43'01 'J8"W 26.18'----Jl___:=======:::;=::::;;;._::
N 10 'J 7'1 O "E 38. 98 •·--~~::::..--:-
N 13 '52 '49 "W 50. 71 ''--======t===~_:__:.,__;.
N69'07'02"W 34.81' .:__----~t-=-=-=-=-=-=-==-=-:::-= =-==== ..:..==== _==== -=-'""' _ ...... NI 7'20'28"W 39. 78'-
I . N66'5J'44"'W' 9.89 1
t N26'09'2B,.E ·11.80':._.• ~~
R.O.S. i077 4
N1J'07'22"E
i . . . . . . . . . . . . . . . . . . I • t I t I I
LEGEND:
I
I
48.78'
109. 43'
! ' ... ' ... 'I' I'-~ /NO/CA TES "AREA OF TAKE" (PORTIONS OF AREA TO BE OU/ TCLAIMEO FROM
:-:•:•:•:•:•:•:•:•:•:•:•:•:• OPEN SPACE DEED RESTRICTION/STEEP SLOPES DESCRIBED IN EXHIBIT ·a·
.............. OF DOC. REC. 04-14-89 AS FILE NO. 89-196176, O.R.) PARCEL •a•= 1.602 AC.
I . I !NO/CA TES COASTAL COMMISSION DEED RESTRICTED AREA PER DOC. REC.
· · · · 04-14-89 AS FILE NO. 89-196176, O.R. TO REMAIN
PMJ TECHNOLOG:£S 100'
4C1 ~ "A• ~ sz.nr DC10
s.A.H~ ~ UIOI
rtLD (n I) lJJ-.UH -Ml IOIUl 00 ( '4.11} "HA.SU .J...-0#-'1 ~rs6
v7ARA PHASE II DEED RESTR!CnONS
-·----
..
0
0 ....
II .. ....
PLA T TO ILLUS TR A TE LEGAL DESCR/P TION FOR
COASTAL RESOURCE GIVE BACK/TAKE AR~AS
SHEET 6 OF 24 SHEETS
14.00' ~
P.as. PAR. 2 · U'
N1275'15"W 48.J)~
N66-S0'19•w 19,;~~~-~~.£.-'.~
N86'5..J'J1 •c 55.38'
NJ175'14•E 8S.70
N28•4o•s1·w 67.96"'C' -----.......
Nt 779's2·w 87.2 '
N16:JJ'1S"E 23.99'
N18.48'20'T 94. 72'
N0973'24•w 38.08'
NJ8'34 '01 •w 6.1 50' . .
PARCEL 2 OF
89-196176, 0.
Ti2S
----=----N86 '28 'JJ•c
-----:::::::::::::----N 7 2 '20 '40 ·w
---==---N5075'08•w
------::::::==----N8J7 J'35 •w
---=-N5J'23'06"W
---:::::--N2J·42'oo·w
NoJ·o2'os·c
N1S'36'06•E
N29'41'JJ•c
N00'.36'42.E
No4•09'42•w
N18'40'22"W
N00:52143"£
'Jt -ss'Jo·E
N137J'S4"E
2s·oo'1o"E
14.29'
22.06'
25.J9'
JS.BJ'
29.J4'
J0.J8'
24.93'
34.84'
J2.J2'
28.38'
27.82'
J0.99'
52.11'
29. 71'
28.66'
46.93'
SEC, 28 --SEC, 33
20•01 'Ol"W 52.29'
31 •45'3s•w 47. 48'
S.B.M,
..
0
0 -u .. -
---:::::::=-N1J:S0'42•w 73.04'
N03'.J9'JJ·w
NJ6'50'10"W
NJ9iS'ss·w
N80.48'1s·w
N59'30'59"W
N37'52'17•w
R o1 S "10774
7 7. 00 ·~~___._-..:...
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53.4
61.4
63.7.
28.3
JJ.9
PARCEL
NOTE: ALL PARCEL P.0.8.s THIS SHEET N64-.;5 ,44 -w
ARE ANGL£ POINTS IN THE N'L Y LINE N8-l:SS'4l,.W
OF PARC£L 2, OOC. NO .. 89-196176
N80'.J8'12•E
N09'J6'5S"W
---~
24.51'
21.751
41.89-:......' --
26.0J''_=::::::;;.. __
N24".39'J3•w 54. 02'
N70'57'18•w 44. 61'
NS1"29'01•w 58.49'
NS9".30'59"W 12.54'
N80.48'1S"W J2,24'
67'0S'f 7"W 107. 07'
N67'05'17"W 16.29'
Noo·48'24"w 65.51'
N19.07'.J7"W 13.01'
/7M~7°05'11'W ,zs.1a' /
-_...~----~·-0·~~-d f
LEGEND: N33"44 '56 "W
NSO".J3'S4 "W
65.24 '....._ ____ --::9--i-
45. 16-' "'="""--r-
I. · · · I 1No1cA TES COASTAL coMM1ss10N DEEO REsm1cnoN AREA PER ooc. REC.
...... ___ __. .. 04-14-89 AS FILE NO. 89-196176, O.R. TO REMAIN
IND/CA TES •AREA OF TAKE• (PORnONS OF AREA TO BE OUITCLAIMEO FROM
-.-.-. -. ,-.-.-.-.OPEN SPACE 0££0 R£STRIC770N/STEEP SLOPES OESCR/8£0 IN EXHIBIT •a•
.'.'.'.'.'.'.'.'.' OF DOC. REC. 04-14-89 AS FILE NO. 89-196176, O.R.) PAR. C=0.054 AC
PAR. 0==0.0853 AC
vmm,....,,___,.........,._, /NO/CA TES •AREA OF GIVE BACK" (AREAS CREA TEO AS OPEN SPACE DEED ~--~.L....L..~-RESTRICnON/STEEP SLOPES) PAR. 2=0.324 AC, PAR. 3=0. 063 AC
PlsD TECHNOLOGtES 100' 0' 100' 200'
f(J( rcrr ._.. ~ surr .t3CO
JAIi ~ m"' ra.D~) t,;U-,U## ~ ,o,Q laillOO ('411} ,w.sc:r a.J-<»-11 ~Z# ·-·--·-·-
1 v7A_RA PHASE II DEED RESTRICnONS c-20
300'
PLAT TO ILLUSTRATE LEGAL DESCRIPTION FOR
COASTAL RESOURCE GlvE BACK/TAKE AR~AS
SHEET 7 OF 24 SHEETS ________ ___________
N49'46'59.,W 27.96' ::-r--.::... ..
0
0
~--.,,...No4'56'24·w 1a.61' -N07i0'56'"W
NJO "OJ '-10 •c
N22'44 'J2•w ··90.34' • .. -N4.Tw'o4·c
N56'49'oo·t: J6. 62' ------
N00"27'09•c 9.24'
N46'57'04"W 'N18"42'J5"W 44. Of'
N74"20'12"W 15.89'
NJJ77'26"W 42.76'-----
N12-S8'17"F 59.89' ____ _
49·4a'37"E 69.54'
/-=~~-NJ9-S9'22"E S1.14'
Ns1•4'52•w 12,90'-----• N58"32'44"W 44.35'
Nos 'JO '-11 "£ 1 s. 7 B ·--===--"-=='_..:s:~
112S, R4W,
6.B.M.
N28"31'40"E 14.39'-----
N26V2'os·w
N0975'59•w
N1 SV5'42"E
NJJ71'06.,E
J0.45'
34.57
JS.84'---
46.42'
N12-S8't 7•c 62.61' . . . . . .
P.O.B. PMm ~
=ANGLE POINT JS.91'
N51"44'52"W 70...86'
.. SEE' SHEET 8
IN N'L Y UNE OF PARCEL 2
OF DOC. NO. 89-196176
N4Ji 1 '48"E
N74"27'04•E
N24'41'56.,E
N88°4()'82'tV 13.81.'·---_ -_ -_ -----
NWZ5'20'W ~2.G:J'---==:::::::::--2
N~ 7'4 7'08 'E 58. ~,_•·:.-:,-;;~:_:::::----N 51 '26'22"W 2J.JJ
N84'52'52"E 9.391 ---==:::-:
N4J75'!6"E 101.52'·----
N20'J4'28"E 29.93'
N46'J0'14.E 13.01
N2f 'SB'OJ"W 6J. 02'
N06'55'44•w J0.44'
N19'00'5B•w 57.6J'
N!Ji6'04"E 51. 42'
NJ9'21 '45"E 25.28'
N57'51'29"E 66.48'
N51 '52'15"E 34.30'
N72'07'18.E 46.JJ'
N81 'J6'01"E 56.85'
N67'25'28"W 105.1 '
N50'JJ'54•w 8.09'
N19'07'37"W 24.9h( I N6J'J2'57"W 60.02' ( I P. 0. B. PARCEi. I
:l =ANGLE POINT
IN N'L Y UNE
OF PARCEL 2
OF DOC. NO.
89-196176
. . . . . . . . . . . . . . . . . . . .
............. /NO/CA TES "AREA OF TAKE• (PORTlONS OF AREA TO BE OU/TCLAIMEO FROM
:•:•:•:•:•:•:•:·:•:•:•:•:• OPEN SPACE OEEO RESTR!CTlON/STFEP SLOPES DESCRIBED IN EXHIBIT "B"
" .. " "·"" OF DOC. REC. 04-14-89 AS FIL£ NO. 89-196176, O.R.) PARCEL •o• = O. 064 AC.
77777/J. /NO/CA TFS •AREA OF GIVE: BACK" (AREAS CREA TEO AS OPEN SPACE OEEO
=--//u½a_'-_ ... _ ... _ .... _ .... _ _.j_R£STR!CT70N/STE£P SLOPES) PARCEL 4 = 0.576 AC. PARCEL 7 = 0.699 AC. ' . . . I /NO/CA TES COASTAL COMMISSION DEED RESTRICTED AREA PER DOC. REC.
___ __._ 04-14-89 AS FIL£ NO. 89-196176,_ O,R. TO REMAIN . fl PMJ 7£CHNa...oaE:S 100' 0' 100' 2001 r .,, flD'T •,.•nazi urrz,co ~ ~~ ':Je:: mo,.c:ir.-o. IQW.CO 1n~>-1-n,-n, ~C ~I 1 1 ■100•
~. 1--• . ---
1ARA PHASE II 0££0 RESTR/CTlONS C-21
300'
PLAT TO ILLUSTRATE LEGAL DESCRIPTION FOR
COASTAL RESOURCE GIVE BA CK/TAKE AR£AS
SHEET 8 OF 24 SHEETS
28 27
N18'25'58"W 18.24'
CEL T
NJ4V4'29•w .98.05'
0.8. PM. T
-ANGLE POINT IN NJ2vr1o·w I 41._59_'_
NJ1"05'21:;-r-64.87''---E'L Y LINE OF PAR. 2 OF DOC.
NO. 89-196176
33
R4W
34
S.B.M
87.'7.8'
N18'58'00"W /05. 25'
Ti2S
EASTERLY UNE 0 0F .
PARCEL 2 OF'OOC.' ·
NO. 89-196116, , , ,
N20"40'42"W
P. 0.8. PAR. H ct PAR. 6 = ANGLE POINT
IN E'LY UNE OF PAR. 2 OF
DOC. NO. 89-196116
N28"09'1J"E 120. 73•·~------.---
N43"26'50.E 128.31'
N84'20'Jo•E
NS4'06'00"E
N 1 J '58 '55 "E:
N6576'J9"E
N46'41 'J7"E
N24'41 '46"E
N 78 '44 '50 "E:
35.
38.
87.
39.
'N41 '0J'28"E
t119 'JJ'20 ·E
NJ6'00'4o•E
--~N4477'o8·c
N47'J4'45"E
NJ1'03'2f "E
N60'4J'f O"E
79'58'1s·w
~~~:=--NB2 'OJ'06"E
---NJ4 '58'06"E
/ f:_=~==~=N21'29'48"E ~ NS! 7 7'1 O"E
r----~::..-:::::::==--N61 '52 ·oo "£
:.,..C-----=====---NS4 7 7'29 "E
37.93'
45.87'
14.51'
39.72'
36.-40'
69.36'
N69'00'JJ"£ 92.97'
~::._-....-::===:::::=----::::::::::==~-N41 '0 7'52 •c 28. 81 '
;,L--=:;=====:;_;;=::__. NJ! "5J'56 "E JI. 50'
l-----====~'="""-'N26 '04'41 "E JS. 16'
·'NOT2S'08"E J0.22' 1--~.;;li;;;;~~N, 7'39 ·2e ·E 15. 26 •
, 22.23'
~""""--'~~~ ··· .. N8J'J8'07"W 63.24'
..___:::::=::::~-,N6574'13"W 23.39'
Lci _:_::-_-_::_..-c.-'NS1"42'J8"W 27.11'
i. . . . ~IND/CATES COASTAL COMMISSION DEED RESTRICTED AREA PER DOC. REC. ..... _____ J 04-14-89 AS FILE NO. 89-196176, O.R.
IND/CA TES "AREA OF TAKE" (PORnONS OF AREA TO 8£ OUITCLAIMED FROM
-. -. -.. -.-. -. -.. ---. OPEN SPACE DEED RESTR!CnON/STEEP SLOPES DESCRIBED IN EXHIBIT ·a·
.'.'.'.'.'.'.'.'.'. OF DOC. REC. 04-14-89 AS FILE NO. 89-196176, O.R.) PAR. H=0.009 AC
PAR. T=0.014 AC
~IND/CATES "AREA OF GIVE BACK" (AREAS CREA TEO AS OPEN SPACE DEED
~"-..L-L-'--J.:.....L-'-' RESTRICnON/STEEP SLOPES) PAR. 6=0.543 AC
P liS) TECHNOlOGtES 1 oo' 0' 100' !00'
"" w::sr ·..c· S'Iill!7l; s,..nr Z:300 SM ~ n,~ -·-. -.. ._.. .
ra..D n, r..:I:l-4-4H .a .IIIC1 /Qill oo ( '<l 17} l'f«.JU ~n ~
v1ARA PHASE II DEED RESTR!CnrJNS C-22
29.05'
15.10'
73.05
86.85'
..
C
0 -II
" -
300'
PLAT TO ILLUSTRATE LEGAL DESCRIPTION FOR
COASTAL RESOURCE GIVE BACK/TAKE AREAS
SHEET 9 OF 24 SHEETS
POR. SEC. 33
T12S, R4W, S.B,M, . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . N51 '42'J8"W
. . . . . . ,N6,9~8'~J:w .
N84'00'45"W
N67i0'26•E
NB7'52'1o·w
N65 '36 '12 .E
N52'JJ'22•E
N4277'J2•c
21, 83 I•.----==::::::::::;--:--;---.. 81.06'
22.05•---=====--=-
41.95'--:._
35.12'
T.P.0.8. PARC£L •r:, . . . . . .
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T.P. O.B. PMC£1. •c:, · ·
N79'58'15"W
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.. 5££ SHEE:T 8
PARCEL "E" · · · P.O.C. PARCEL •£"'~PARCEL •r =ANCLE POINT IN
N10"42'36"W
N4174'26'W
2 PER DOC. NO. 89-196176
NT 4 '45'26 *w
N28'J2'0J"W
N1170'55"W
N57'4J'5J'W
----N28'J2'os·w
__.--,.,... J8'SJ'51 "W
N5J'07'41 "W
172.39 1
48.38'
32.56'
34.54'
y ~ARCEL 5 _,...,.-, --=--o-. -------. . . . . . . . . ---;---;.
I I t t t t t t I I t I I • I P. 0. 8. PMC£L S . . . . . . .
=ANCL£ POINT IN
E'LY UN£ PAR. 2 PER DOC. NO. · · · · · ·N7879'25.E 17.16' · · · · ·
89-196176 · · · · · · · · · · · · · · · · · · · . . . . . . . . . . . . . . . . . . . . . . . . . . .
I I I I I t I I I t I I
LEGEND: !NO/CA TFS ."AREA OF TAK£" (PORTIONS OF AR£A TO BE OUITCLAIM£0 FROM
;.·:.·::::::::::. OPEN SPACE DEED R£STR!CTION/ST££P SLOPES DESCRIBED IN EXHIBIT "B"
::::::::::::::. OF DOC. REC. 04-14-89 AS FILE NO. 89-196176, O.R.)
.: .. , ......... PARCEL "E" = 0.048 AC., PARCEL "F" = 0.124 AC.
///////J IND/CA TE:S •AREA OF GI\/£' BACK" (AREAS CREA TE:O AS OPEN SPACE DE£D
-'-~ ...... -"'.:/ /✓_.._1/.__..,....... / /...._.._ ~ R£'STRIC T70N/STEEP SL OPES) PARCEL 5 == 0. OJJ AC.
. . . . · I !NO/CA TFS COASTAL COMMISSION DEED R£STR!CT£0 AREA PER DOC. R£C.
· . 04-14-89 AS AL£ NO. 89-196176, O.R. TO REMAIN .
PliD TE'CHNOLOGtES 100' 0' 100' 200'
..
0
0 -II
' -
300' '°' ,en' •.c • .nllCZ'T; sz.rrr z:,co ~ .c:ina:i ~ mq, ...... ·-· t -----~------1ll.D (111) ~ .a ...0. ICl!f..UDO {~I 'l ~ ~" DIVl'SI GRAPHIC s:cALE• 1'•100'
vfARA RHASE II 0££0 RESTRICTIONS
PLAT TO ILLUSTRATE LEGAL DESCRIPTION FOR
COASTAL RESOURCE GIVE BACK/TAKE AR~AS
SHEET 10 OF 24 SHEETS
P.O.B. PAR. Z ------
z:11 ANGLE POINT IN E'L YUN£
PAR. 2 OF DOC. NO. 89-196176
POR. SEC. 34
T126 R4W 6.B.M.
PARCEL AA
PARCEL Z ~
N89.47'4J1E' 55.J8'~-
N29'J1148"E
N67"21'J4•w 74.48' --=--
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N00"2J'21·w JJ.08-' -:::::::::::---.:::::::-.
N10'56'01 •E 46.32'-=::---~
N 45 "2 4 'JS •w
P.0.8. PAR. AA----..._ = ANGLE POINT IN E'l Y UNE'
PAR. 2 OF DOC. NO. 89-196176
NJ4'J6'02"W 10.55'
,--1'6'.9• .... ..c...." //5 c;t~ :Sg..,,. . . . ',..:~z, ,y ',
·I
N01'02'25"E 123.94'
N2S'JO'OO"E 74.01'
N48'04'49"E 41.4
N79:S1'J5.E' 17.9
N88 'J9 '11•£' 43. 6
N46'4710t•E 27.
N14'2J'52"W '48.00'
N76'70"16•w· 19.rJO'
' 'NS7V4'41"W 'J7.96
· · N80'44'148 "E· 9. 09'
N25:JO'OOT ·so.JS'
N6.qJo'oo·w 25. 61'
NJ4 "25'23•£ 50. 34'
N67'"21 1J4·"W 31.51'
I
N59'J7'J8•E' JO.
N82'08'0J"E 15.
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·····~--=-------
L£G£'NO:
·N29'J1 '48"E 16.61' V
. N10.75:31•w 105.97'
P. 0. 8, PAR. 11 = ANGLE POINT IN £'LY LIN£
PAR. 2 OF DOC. NO. 89-196176
,. ,•
I ; · · · 1 INDICA T£S COASTAL COMMISSION DE£D RESTRICnON AREA PER DOC. REC.
. , , . , . 04-14-89 AS Fil£ NO. 89-196176 O.R. TO REMAIN
IND/CA TF:S "AREA OF TAK£" (PORTIONS OF AREA TO BE OU/TCLAIM£D FROM
---.. -••• -•• -••• -•• -••• -•• --i •• OPEN SPACE DEED RESTRtcnoN/ST££P SLOPES DESCRIBED IN EXHIBIT ·a·
· · · · · · · · · OF DOC. REC. 04-14-89 AS FIL£ NO. 89-196176, O.R.) PAR. AA=0.029 AC
PAR. Z=0.101 AC
~IND/CATES •AREA OF GIVE BACK" (AREAS CREA TED AS OP£N SPAC£ DEED ~ .... __.__."-'--~ ..... RESTRICTION/STEEP SLOPES) PAR. 11=0. 637 AC
..
0
0 -II
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I
pit!) TECHNo<.OGi£S 100' O' 100' !00' 200' ----#1 1IC1'T .... nltf%1; ArTr Z3CO
SAIi ~ CtUON,C IZJOf ,nr,J"'} l.»-UN .xi, Ml leidS.100 ('411/ l'ffA.sa o>--<u-n Dl'l1'ZS10
v1ARA PHASE II D£ED RESTR!CnONS c-24
™le k£1, 1'•100' i
PLAT TO ILLUSTRATE LEGAL DESCRIPTION FOR
COASTAL RESOURCE GIVE BACK/TAKE AREAS
SHEET 11 OF 24 SHEETS .
N5JV8'48•E
N84'J6'15"E
NJ2'4J'oJ·c
NSS'JJ'57•E
N8J:S6'52"W
N42'55'22"E
T12S, R4W, S.B.M. :1: 2-4.01'-w UJ--cn CD
2 5. 90 '--==:::::--
50. J4 1--=:::::--+----
16. 63-' -oc,..J
20.85'-=----
N60"21 ·os·c s1.J2'-----.....:'.'-..
N2876'1o·w ao.27'
N25"20'42"W 744.32'
PARCEL "J"-~
N22i6'20"W 74.80'
NJJ"27'24•w 32.22'
N11'02'17"W 38.20'
---NJ6:S2'J9"E JS.04'
N12'28'28"E 20.16'
N14:S1'S7"W 25.00'
NJJ'57'48•w 24.31'
N05i8'40"W 17.57'
N36i1'19•c 11.70'
N05'2J'52"W 43.JO'
12"26'1J"W J9.J9'
12:;0'14 •w 15. 60'
N29'5J'1S"W 22.22'
N6171'oo·w 10.65'
NJ27J'J1 "W 18.51'
----==--N62'09'38"W 16.55'
N26"20'!5"W 8.20'
~~-N47:J4'51•c 11.07'
... ,, N6273'25"W 71. 44'
"'~--~· . --:::-._NI 7:;5'35•w 44.62'
N29:J7'51 "W 762.37' .-::::::------I . SEE SH.~2 N0876'J7"E 19.S2' .. --=-------.:~
· · · · · P.O.B. PARCEL 8
2 =ANGLE PO/NT IN
T.P. 0.8. PARCEL "J'--
N21 ·02'55•w 14.36'
E'L Y LINE OF PARCEL J
OF DOC. NO. 89-1961 76
N22'J6'22"W 41.06'
N46"27'4711W 2.:J.16'----
0ATA TABLE
I
2 I
J
,{ N86VO'J2•E 28.02'
5 N22'J5'47"E 35.39'
6 N 44 ·3 7'02 "E 17. 49'
l N64"47'JJ"E 34.40'
8 N2577'10"E 62.86'
9 N3570'59"W 10. 77'
LEGEND:
P.O.B. PARCEL 9 k p n,... .o_.~_or.c-r ~-,.~-....
=ANGLE POINT IN W'L Y UNE OF PARCEL 3
OF DOC. NO. 89-1961 76
..
0
0 -u .. -
. . . • . . . • . . • . . . IND/CA TES 11AREA OF TAKE" {POR TlONS OF AREA TO BE -QUI TCLAIMEO FROM
:•:•:•:•:•:•:•:•:•:•:•:•:•: OPEN SPACE DEED RESTR!CllON/STEEP SLOPES DESCRIBED IN EXHIBIT •e"
~J.&J.JUI..L.6-0J..L.M OF DOC. REC. 04-14-89 AS FILE NO. 89-196176, O.R.) PARCEL "J" = 0.036 AC.
~IND/CATES .AREA OF GIVE BACK11 (AREAS CREA TEO AS OPEN SPACE DEED
~--...._.__,___.--..~RESTRICTlON/STEEP SLOPES) PARCEL 8 = 0.828 AC. PARCEL 9 = 0.02S AC.
I' . ' ' I I IND/CA TES COASTAL COMMISSION DEED RESTRICTED AREA PER DOC. REC.
•. 04-14-89 AS FILE NO. 89-196176, 0.R. TO REMAIN -----~
100' 0' 100' 200'
C-25
300'
PLAT TO ILLUS TR A TE LEGAL DESCRIPTION FOR
COASTAL RESOURCE GIVE BACK/TAKE AREAS
SHEET 12 OF 24 SHEETS
NJ6:J8'17•E 9.51' --==:~-
NOS:J6'57·w s2,97•_;:==::::~-k-
Nl 7"24'29•c JI. 1 J'--===-------....
NOS'2J'J6•w 41.14'
N15'27'sg-w 89.oo·----
NJ6'42'22·w 72. 49'
NS! '26'02•w 2S.82'
NtJ'57'os·w 8.22·-----===~
N69'44'ss·E 12.17·---~~
N47'58'45.E 22.96'---
tl8679'!J•w !8.6o'·---
NSJ'J4'14•E 12.17'
N76"40'54.E 18.65' ---
N8J'41 '02•w 6. 79'
N65'59'46.E 5. 68'
N16'5J'J5·c 5.86'--======~
N48'00'1J•w 20.37'
N7J'47'05•w 17.50'
N2J'S4'58•w 102.93'
N19'41 '29•w 137.59'
NJJ'06'JJ•w 77.27' ----::;:::-r-
N29"2S'J2•w 118.91'
95.10'
N68'54'09•E 98.21'
P.0.8. PAR. T = ANGL£ PO/NT IN
T126 R4W B.B.M. S'l Y LIN£ OF PAR. J OF OOC.
89-196176
I ' ' 'J IND/CA TES COASTAL COMMISSION DEED R£STRICT10N AR£A PER DOC. REC.
. · · __ · 04-14-89 AS FILE NO. 89-196116 O.R. TO REMAIN
----IND/CA TF:S •AREA OF TAKE• (PORTIONS OF AREA TO BE QUITCLAIMED FROM
,',',','.','.'.'.'. OPEN SPACE DEED R£STRICT70N/STF:EP SLOPES DESCRIBED IN EXHIBIT •e•
'· · · · · · · OF DOC. REC. 04-14-89 AS FILE NO. 89-196176, 0.R.) PAR. l=0.851 AC
p 1cO TEC'HNCU)Gt£S 1 o o ' 0' 100' 200' -· -""w::rr .... ~ SIJ1T Z:,00
SNI~ ~ men -·--mA (171) ~ .c, Net 1~00 /"1,l?}l"H,UD CJ-.M-'1 ~I
4 \1ARA PHASE II DEED RESTR/CllONS
300'
PLAT TO ILLUSTRATE LEGAL DESCRIPTION FOR
COASTAL RESOURCE GIVE BACK/TAKE AR~AS
SHEET 13 OF 24 SHEETS
SE V4 OF SE i/4
SEC, 28
N09VJ'4o•w 90.oo'
N6J'S! '.55"E 22. oo'----=::::::---~-
N89V8'2!"W 10.BJ'
N4217'2a·w 52.J5'
PARCEL 19
N80i 1 'J8"E 43.BJ' ---=----_:::-~.r
NB7:J9'0J .E
N1T4J'.57"W
N70°22'J9"E 28. 42
N80:J0'09"W 19. 45'
N4J°2J'46"W 22.05'
Na1·02'2J.£ J9.J1'
N78'22'2f"W 25.19'
NSB"OB'J8"W 27.02'
N69"46'09"W 11. 48'
NJ1·42'05•w 43.91' "
N61'50'J9"E Jf.72'
N56:J! 'SO"W 16. 4J'
N76"49'41"W 50.87'
N4J'59'so·w 2J.B2'....;;;=,,""c'-""
N01i9'19•w 122.BJ'-.....:-----
54 ·os·11 "E TJ. oJ' PARCEL
CJTY OF CARLSBAD
TRACT 73-39
MAP NO. 8453
--;--.jf-----::::~ N 7 4 "26 'J6 •w 42. 6 6'
~~~---<t----::::::::=-Nf 2 '49 ,, 5 "W 21. 60'
--:0--;--;-1:::::::.--=-N80"29'24"W Jl.96'
N04'46'so·w •~~~:;:::~==;~::.:_s-_::;-::--N10 "!59 'J7"W 34. 59' . . .
~-=::::--....--~ N04 "46'50"W 81. 48' . . . .
N77"2J'JJ"E 54.46'
PARCEL 20
A-_,.-.--"'---.. ---N54 "05'11 "E 44. 08'
,;:,-.,.._-==="'_:;;::::=.,-;-NJ6"46'57"E 51.56' . . . .
N44"01'27"E 56.67' . . . . . . . . . . . N2J19'.59"E 36. 74' ~--NS4'"28'1f"E 89.44'
NJ0'50'14"E 67.28-' -~
NJ5•4.7'2o·c J9.S9'-----.
N54°28'1r£ 34.99'---=====--~-1
N8S°J010S"£ 19.J!'---===::---::?/
NB01J'o1·w JB. 7J'
N69'24'Js·E 2a.82·-~---
N7S73'1J·E 12.46'--==::::::=----~
N 21 '4"5"'55 ·w 1 J. 8 4'
. . . . . . . . . .
. . . . . . . .
. . . . . . . .
N49'J9'09'"E 62.71'
NJO'S7'23'"E 49.12
N23V6'5f"E 34.11'
N23'57'J9"E 2:J. 78' --=-----. . NS0'45'J7"E 29. O '
N78i5'58'"E 22.87
T.P. 0.8. PAR. 20
N66'24'1s·c 13.72' w
NSS76'ss·w 19.57' •
POR. SEC, 27 N09"48'27.E JS. 74'
r12s, R4W, NJS10'0S"E 37.17'~~
N2s·41 •s7•w s. 90'
l.f./h,--.::::..Nt o V6 '49 ·w 22. 59'
.. ;. · · · PARCEL ii" S.B,M. N28°37'42"E 64.38'
N87"21 'S7.E 29. 85' z==-===1,,_______ / SEE SHEIT 14
N2s·41•s7•w 25.66' -=-/ \\ ,:.q.'!,. PAR. ·'!· d--z..,..,;5,,...:.Z~:-~-:::..,_;;;;::SCM.J:=-1-,■-1-00-, PARCEL-20N787S'58"E 10. 12,1 I /) ~"%iv~/"i'~lo1f;¥
NOS'42'J8"£ 51.49,_L/ IN E'l YUN£ OF
• I ,. I PAR. s OF L£C£NO: N40 'JJ 50 E 34. 04 DOC. NO. 89-196176
,-------.!NO/CATES '"AREA OF TAKE" (PORTlONS OF AREA TO 8£ OUITCLAIMEO FROM
:•:•:•:•:•:•:•:•:•:•:•:•:•:• OPEN SPACE DEED R£STR/CT70N/ST£'EP SLOPES OESCR/B£0 IN EXHIBIT •a•
.............. OF DOC. REC. 04-14-89 AS FIL£ NO. 89-196176, O.R.) PARCEL •L,. -0.019 AC.
PARC£L .N,. -0. OIS AC.
V7777)?1 /NO/CA TES '"AREA OF GIVE: BACK'" (AREAS CREA TEO AS OPEN SPACE DEED V/1////21:::::::: RESTRICTlON/STEEP SLOPES) PARCEL 19 = 0.247 AC. PARC.EL 20 = 0.233 AC.
I I /NO/CA TES COASTAL COMMISSION DEED RESTRICTED AREA PER DOC. REC. 04-14-89
_ ' ' ' ' . AS FILE NO. 89-196176, O.R. TO REMAIN
PlcD TECHNOLOGtE:S 100' 0' 100' !00' 300'
"" lllaT ':4. rTJf%rt SUTr Z,00 • SAIi ~ ~ R1"1
______ ....... .....:......... . -------------
IIU (111) l.»-UN .a loC1 ICd.S.J. 00 ( 44 I 1/ l'HA.St:1 J-1-11 tJ/'l:l'fflJ
4 l1ARA PHASE II DEED RESTRICTlONS r.-7.7
PLAT TO ILLUSTRATE LEGAL DESCRIPTION FOR
COASTAL RESOURCE GIVE BACK/TAKE AREAS
SHEET 14 OF 24 SHEETS
N16'06'3J"E 43.01'--
P.O.B. PAR. 21 -----------------= ANGLE POINT IN E:'L Y LINE
PAR. 5 PER DOC. 89-196176
NI 7'J5'06"W 8!.14'
N29i6'07"W .J4.8q_;':.,...:::::::...----
N52i2'55"W 32.43'
CITY OP CARLSBAD
TRACT 73-39
MAP No. 8463
---NOJ"48'02"E 118. 48'
N04 '52'!2"W 1.J6. 61'
N15'J2'48"W 61.97'
30.20'
N42'46'16"W 39.92'
,..___:_-:;::=:.::::--N62i2'40"W 34. 78'
~--;::=::-N72i4'0t•w 25.14'
~--.:::::::::=--N1JV0'24"W 24.51'
57.37'
N2J'J8'!3"W 37.16'
POR, SEC, 27.
Ti2S R4W S.B.M.
N12'5J'25"W 105.39'
N.J7'45'.J2"W 99 . .J4'
~-=========-=---N.J2'59'34"E: 39.56'
~==---======---NI 2 °44 '55 "E: 24. 60'
N08'51 '1o·w 68.44'
. . . . . . . . N68'09'53"E 25.58' N05'42'J8"E 43.27' .
----N2Ji7'03"W 43.38'
-----N27'J2'17"E 66.66'
-...:::,,,,.___N33iS'49"E 48.97'
SEE SHEET !J
LEGEND:
I . . . . I IND/CA TES COASTAL COMMISSION DEED R£sm1cnoN AREA PER Doc .. REC.
_..____ ____ __._ 04-14-89 AS FILE NO. 89-196176 O.R. TO REMAIN
~INDICATES "AREA OF ClvE BACK" (AREAS CREATED AS OPEN SPACE DEED
~~~~.....L....J RESTRIC770N/STEEP SLOPES) PAR. 2!=0.585 AC
0' 100' !00' P &D TECWWlOGtES 1 o o' ·------' . --· IQI II0'7' .,. • r1'tC?1; sure-~
~ ~ C4lf'O'N.A '110T .
nt.C (rtl) ~ .C. Ml IM.ilOO {4417} !'W.SO a..H1.J-II Dlf1'Tfl'
/4 t1ARA PHASE II DEED RESTR/Cl70NS
,-, 'lO
PLAT TO ILLUSTRATE LEGAL DESCRIPTION FOR
COASTAL RESOURCE GIVE BA CK/TAKE AR~AS
SHEET 15 OF 24 SHEETS
NE 1/2 SEC. 2B POR. SEC. 27
N01"27'35•w 44.68'
N01 :JJ'02"W 92. 60'
T126, R4W, S.B.M.
R.0,6, i077 4
8.93'
N89"25'42"W JBB,4G, .
.3'29. 53' ..................
• • e ♦ • • ♦ ♦ e • • • ♦ • • • • • • ♦ • • • • • I t e • ♦ t I I • ♦ •. ♦ • I ♦ • • • • • • • • • I e •••••••••••••••••••••••• •'• •••••••••• t •••••••••••••• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................... .................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _____ ,,_ .................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "FF" ................ . • • • • • • • • • • • • D ARCEJ.Z .•...........•...• • •• • • • • • • •• •• 11'1 ••••••••••••••••• . . . . . . . . . . . . . ................ .
I I • • • I I I • I • e e • • e e • • e • e e e • I I • I • I • e e I • I • • ■ ■ • • • • • e • • • •
• t t I I I t • t f f • t f • • f • • • t • t I e e • e I • e e I t t I t ■ t • • t • t t t • • • t I
t t I • t I I I I I t • e t t e • t I t I I• I e e I t I t I t t I t I t • • • • I • t • • I I • I e
I I I • • • • I I • • • • • • • • • • • I f • • t t • •' • I I I • • I f • • I • • • I I I • • • • •
• • • I • • I • • I • • • • • • • • • • • • I e • • e • I • I I • I I I I • • I • • • • • • • • I I• I I I I I • I I I I ■ • • •II • • • e 9 e I • e e I I I I e I I I • I • •, • • • • • e t • I I e e ................................................... --->-'--I••················································· II tt•t I II f ft ■tt•• • ft II tel Ill 11111 ... 1••1• I Ill•• t ft I
N25"57'42•w 32.59'-= ~--+--
I I I t I I I I I f f I f • t I I I I I I I • I I • I • I I I • I I I • I I • f I I I I •• • • e I
I I I II• II f • f • I Ill I• 11111.lle•t ••I• If••••••••••••')•
I I I I • I • I • • • • • I •. • • t I I I I e t I I. I I • t • I , .. • e • I • • • I • I • e I ................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,, ..
NJ7°50'00•w 58.39'
N44"2B'3s·w 6B.61~---""'~-
N69 °38'3s·w 34. 40'--=::::t:-~
P,.0.8. PARCEL •FF"
= ANGLE POINT IN N 'L Y
UNE OF PARCEL 5
OF DOC. NO. 89-196116
NOO°J5'27"E 193.25'
N75'40'J4"W 14. 74'
N79"2J'OB"E 25.98'.-=~:::::::,,,,
N87'40'0!"W
N50'48'47"W
N02"51 '26•w
N25iJ'54 "E 95. 08'
-------N52i2'49"E 67. 19'
NJ6'41 'OS"E 42.27-'
N09°JJ'4J•E 12. 78'
N1Si4'16"W 31.38'
N15'50'21 "E !!. 05'
N14"24'55"E 28.861
N05"24'58"W 48.91' --
CITY .OF CARLSBAD
TRACT 73-39
MAP Na. 8453
LEGEND:
I I I I
S££ SHEET 14
--....,,..-N45i8'48"£ 24.50' J---------N28i4'56"E 54.JO'
N16'06'JJ"E 67. 7.J'
..
0
0 .....
II .. -
____ ...., IND/CA TE:S "AREA OF TAKE" {PORT70NS OF AREA TO BE OU!TCLAIMEO FROM
•:•:•:•:•:•:•:•:•:•:•:•:•:•: OPEN SPACE DEED RESTR!CT70N/ST£'£P SLOPES DESCRIBED IN EXHIBIT 118 11
.............. OF DOC. REC. 04-14-89 AS Fil£ NO. 89-196176, O.R.) PARCEL "FF"= 2.008 AC.
I : . . . I IND/CA TES COASTAL COMMISSION 0££0 RESTRICTE:O AREA PER DOC. REC. 04-14-89
\.-. ___ ___,_AS AL£ NO. 89-196116, O.R. TO REMAIN
o• 100• eoo• ................. ' ---300'
...
PLAT TO ILLUSTRATE LEGAL DESCRIPTION FOR
COASTAL RESOURCE GIVE BACK/TAKE AREAS
SHEET 16 OF 24 SHEETS
No1:;4'3o•w 28.65'
---N24'41 10J"W 69.42 1
.....-::=: ..... Nat iJ'59 •w 62.21'
N12'SJ'58"W 70.JJ' .............. ·····'G~·-····· ------------::rl . . . . l.1 • • • • • • . ' ........... . • , •• I ••••••••• . . . . . . . . . . . . . . . . . . . . . . . . . . .
I I•!• I I It I I It t ..
N1! ·03 '48 ·w 29. 4, '-=----1-----
N0075'48•w 152. 76'
P.0.8. PAR. GG
&-P. 0. ~ PAR. 2.J = ANGLE POINT IN
N 14 '40 '45 .E 4 4. 1 J ·~====~::::::--.:...__:_ __ ~
N18'24 149"E 47.07'
E'L Y LINE OF PAR. 7 OF
DOC. NO. 89-1961 76
NI 7"29'28.E 47.52'------
N27'05'50"£ 24. 49'---=---
N47i2'47"E 87.55'--
N4J74'17•w 10.07'
NOO:J4'09"E 68.151
N79'40'02"W 77.18'
26"20'J2"E 66. JO'
27'05'50"E 137. !J'
-----T.P.O.B. PAR. 23
PARCEL 23
r12s
co .,......
N N
c3 c3 w w CD C.O
LEGEND:
R4W
R.O.S, '1077 4
Nl 7'29128"E 113. 061
N49'22'48•£ 52. 74'
N89"25'51 •w 8.97'
S.B.M,
. . . . I !NO/CA TES COASTAL COMMISSION 0££0 RES TR!C TEO AREA PER ooc. REC.
___ __,_ 04-14-89 AS FILE NO. 89-196176, O.R. TO REMAIN
----IND/CA TE:S "AREA OF TAK£" (PORTIONS OF AREA TO BE QUITCLAIMED FROM
',',','.'.'.'.'.'.1 OPEN SPACE OEEO RESTRICTION/STEEP SLOPES DESCRIBED IN EXHIBIT "B"
' ... ' ... ' -OF OOC. REC. 04-14-89 AS Fil£ NO. 89-196176, O.R.) PAR. CC=0.690 AC
~ IND/CA TE:S •AREA OF GIVE BACK" (AREAS CREA TE:D AS OPEN SPACE OEEO
-'-~--'--C-L-~"""" RESTRICT!ON/STE:£.P SLOPES) PAR. 23=0.093 AC
PM) TE:CHNOl.OGt£S 1 0 0 '
"'1 IC"T "A• rDfD:T. st.nr L3CO ; •
$,1,1( ~ ~ "'"'
0' 100' 200' -22& \ l?I.C rn,, ~ .o, .11(1 10$.UDO (4411) "'4SC1 o.J-c#-11 Ml'ZSII
v1ARA PHASE II OEEO RESTRICTIONS c-30
..
0
0 ....
II
"' ....
300' ;
PLAT TO ILLUSTRATE LEGAL DESCRIPTION FOR
COASTAL RESOURCE GIVE BACK/TAKE AREAS
UN£ SHEET 1 7 OF 24 SHEETS . . . .,-J>. rcH. ___ -r--...
c:o t---
: ~:
Sff SH£ET 16
LEGEND:
108.23' UJ UJ
CJ) f,J) N24'58'18"E 22.23'
NOJ71'J2"E 10.49'
T12S, R4W, S.8.M.
·14·45•2o·w 91.50'
I
I
(PARCEL 24
N10'54'15"W
N15'56'07"E
07'07'39"W 58. 08'
N06'28'57"W
N62'25'06"E
Nt 6 '52 '20 ·w 72. 08'
\l__.---,,,...Nf 9°2f 145"E 54.87'
N89'J0'55"W 50.83'
NJO'J7'54"W 67.85'
j·f , 20.
~
~RC:
'29'1 . ,,,,,,,,
23.50'
48.25'
N7076'01 "E 18. 75'
N48'45'29"W 21.21'
N29'J4'07"W 76.65'
5610'11·w 11. 68'
4J'J7'52"W 6
W///m NJ5'26'16"E' 7.50'
507 7'56.E 4 , , , , , , , , , ,, N86'JS'42"E 12.16'
N76'20'40"W 14.09'
N77'4S'SS"£ 14.99'
NS2'4J't6•c 14.55'
NJ8'57'26"£ 34.50'
'N7.J'08'02"£ 11. 07'
N2J"21 '02"W 24. 00'
N46'20'0J"E' 47.69'
N74'02'26"£ 91.51'
N60'22'27"E 32.27'
N56'16'12"£ 25.53'
N6.J'51 '58"£ 50. 22'
..
0
0 -II
"' -
N54 '40'01"E 0. 92'
~ /NO/CA TE:S "AREA OF Gl'Vc BACK" (AREAS CREA TEO AS OPEN SPACE OEEO
t1/ /// ~ RESTR!CllON/STEEP SLOPES) PARCEL 24 = J.999 .AC. ~J__,c._,__.,_._,
I : . , . , IND/CA TES COASTAL COMMISSION OEEO RESTRICTED AREA PER OOC. REC.
-'-------'· 04-14-89 AS FIL£ NO. 89-196176, O.R. TO REMAIN
P liD TECiN OLOGtES 1 o o ' 0' 100' 200' --· 300'
#C1 IIC11''A'S1'1a't SIJITZX/0
JNt ~ ~ u-,cn -....... .........._.... ......__..
zn..c nl) U1--U-U .DI ...cl IC'til.J.00 ~11) !'N,A.Sc:I >--'-11 Mf'ffll
A \.1ARA PHASE II 0££0 RESTRICnONS ,----,-.-------------------------
PLAT TO ILLUSTRATE LEGAL DESCRIPTION FOR
COASTAL RESOURCE GIVE BACK/TAKE AR~AS
.
ct:) ....
...:
.....: <::::, -
SHEET 18 OF 24 SHEETS
N41 '57'55.£ 44. 6J'
N87'59'1B•w JJ.44'
N59"21'46"W 18.11' ....
~
........ ----Al. GA Ra --NJO'J8'14•£ 34.12'~--
NOJ-:ZJ'SO"W 69. 75•---=~
N19'56'26"£ 25. 75'
N00'4J'oo·w JB.57'
N17'J4'oo·c J5.78'
N46'45'21•c 14.54'
N12v8'55•£ J8.5o'
. .... ~ .
Ctj ~ .
t-", " .
Oi ~ <::::,
0,
~ oi N ' ,::t: <o ~ -~ ~ . ~ ~ 0, ~ I
~ ?' <::::, ~ ~ " ~ ~ <::
'J5'41•w 8. 45'
0'4J'12"£ 6.59' . <::::, <::::, . C)
~
~
~ I
_gJ
POR. SEC, 27
Ti2S R4W
S,B,M.
.O.B. PAR. 26 d.-PAR. HH
-·ANGLE POINT IN N'L Y LIN£
OF PAR. 14 DOC. NO 89-.... ....
lti -s::> . ct:) "' "' " ~ ,-...,,:
~
}IJ
M
LEGEND:
, --196176
· · \ ~ N41 'J1's1·c J6.12·
· ~ N22°35'47''W ?.s.oo·
• • • ' • t •
. . . . . ' . .
. . . . . . . .
..... ·~· .
~ • • • • • ':!'::f •
<o ...... ~ «.,
c., t-.. . . . . . ;._,~~ ~~
• • • • • • ~ • I • rb
• • • • • • Co~ ·~\)v.,' ~ >:.:,
~~~~~o· .... ~ -~· s .... -~ '))~~~ ~~
~~-~ . . . . . . . .
. . . . I IND/CA TE:S COASTAL COMMISSION 0££0 RESTRICTED AREA PER DOC. REC .
.__ ____ 04-14-89 AS FIL£ NO. 89-196176 O.R. TO REMAIN
....... , , . IND/CA TFS .AREA OF TAK£" (PORTIONS OF AREA TO 8£ OU/ TCLAIMEO FROM
................... ) OPEN SPACE DEED R£STR1cnoN/STE£P SLOPES DESCRIBED IN EXHIBIT ·a·
· · OF DOC. REC. 04-14-89 AS FIL£ NO. 89-196176, O.R.) PAR. HH=0.260 AC
V////1//J IND/CA TFS "AREA OF GlvF: BACK• (AREAS CREA TE:O AS OPEN SPACE DEED
..... ~'--.....,.___.__ RESTRICnON/STFEP SLOPES) PAR. 26=0.578 AC
0' 100' !00'
..
0
0 -II
" -
300' ~ PMJ TECHNOLOGlE:S 100'
". ""I/ICfT •,1•rmcrr, Strrrn<JO
JWI ~ ~ UIC'I -~-~....:...:......---------------------/lt& (Uf) Ul-ffl' .c, ."'1 /CdJ.J.CO ("3 ,,, ~ o.>-Cl-11 Mi'/'1'11
v7ARA PHASE II DEED RESTRICTlONS ,.._ -:i-,
PLAT TO ILLUSTRATE LEGAL DESCRIPTION FOR
COASTAL RESOURCE GIVE BACK/TAKE AREAS
Ns?·.37;zs.1c. 52 · SG,,' =sHF. r79--oE 24 SHEETS NJt -s7'J4 "E 22.11'· N57'J7'25 E 29.98 ~ , , •w lJ. 66 , P'ARl"Ll •rr! _,.,"i 76V9 41 .
l'1 vC.L c:.c..:. ,,... ,,... '\ /.--CC.---NS7'37'25"E 8.13'
N76'09'4f"W 20.74
N19'40'03"W 17.J9'
N6777'48"£ 4J.53'-::.,-::~~?;~-
N65"2J'41"W 34. 87'
NJ4i5'22"W 77.36'
N19 '04 '11 •w 61. 35'
N.J2'53'18"E 40.39'
N09'.J0'54"W
N.J975'06"W
N54'.JI '47"W
NJ! "22'39 "£
N13V6'J2"£
N08'52'16"W
N16'26'03"£
N2072'31"W
N48V0'59"£
N62 VJ'J4 "E
N76'54 '45"£
N 79 •43 '35 •w
N54'26'J7"£
Ns2·os'J8"W
N54'29'4J'W
N09-S9'08"E
50 7 J'2 7"'W
16.97'---=--
' 7. 45'
125.90'
53, '.JI _.,..___
2 7. 94 ' --=::::::---.._
46.70'----
41.02' --=:::::::--.._
7 s . .36 '-0::::::::::::--..._
8 2. 2 8 '--==:::::::--
57.75-' -
11. 06'-
86. 08'
10.90'
JI. 72'
21.20'
18.4.J' 58.~1'
. P. 0.8. PAR. 22 ct P. 0. C: PAR. u
..___.__. =ANGLE POINT IN Wl Y LINE OF
.:::::::::~::::i;--PAR. 15 OF DOC. NO. 89-1961 76
N08'41 '47"£ 57. 70'
N/6.53'03"£ 64.26'
N0879'0J"W 56. 72'
ClTY OF CARLSBAD
\ TRAC1 86-36
A VIARA PHASE J -UNJT .E
MAP NO, i2413
N04VS'o8"W 60.06'
-----==~-N57"2J'26"E 80.89'
N06'46'57"W 24.J2'
~-'N52'.J9'56"W SJ. 06'
N37'.JB'J2"W 15.06'
63.40'
39. 44'
60.04'
98.35'
51.35'
..
0 0
P&D TECHNOlOGtES 1 oo' O' 100' !00' 300'
I 401 w::rr 'A' S17UIT, SU1T r,cc
S.A.I( ~ ~ lrltn -· --T'C1.I) (nl) ~ .V. ""2 /Gt1J-l()() {~ll} l'HASC1 .J-S-'1 t:ll'l1'ffll
111ARA PHASE II DEED RESTRICTIONS
•
PLAT TO ILLUSTRATE LEGAL DESCRIPTION FOR
COASTAL RESOURCE GIVE BA CK/TAKE A~EAS
N16-SS'06•c
N! 7:J! '24"E
N 70 "45 '06 "W
N60'2J'J9"W
N4472'JJ"W
NJ7'25'4J•w
N-IJ72'27•w
NJ-I "53'28 "W
2.44'
67. 76'
70.5
75.0
100.9
121.
J6.2
95.JJ
SHEET 20 OF 24 SflEETS
' ' . N50iJ'27•w
· N76"41 'J2•w
· N69"4S'So·w . . . . ~ .
~ ... q
167.98'
42. 76'
121.97'
•..•• -2'.,,..> •..
OB PAR. 14 -N06"48'1-l•c
NJJ'2J'17•w
N1J"40'14•c
N50'54'57•w
NJ871 '.55"W
NOTS! '44 "W
N2 77 1149 •c
N50"00'29•w
45.81'
50.13'
45.23'
, ANGLE POINT IN W'L Y
LINE OF PAR. 15 OF
DOC. 89-196176
JJ. 67.'
54.6J'
24. 01' . N08'40'27:,W. 81. 42
34.24'
44. 15'
19"2J'ss·w 179.o~
NJ7'2J'25"W
N08'2J'10'E
N25'5J'0J"'W
N00"05'4! 'E
N26"20'J5"E
N05V7'47"E
N18i2'19"E
N49'5!'20"E
N42'5J'42•w
N! 7"42'58·w
N00'44'18•E
N29 ·33'50 •c
N08i7'o8·c
N49'J2'Js·c
N20"49'.JO"W
65. 70'
14.42'
15.79'
63. 04'
4J.60'
27.91'
J6.94'
14.52'
J7.64'
20.21.'
15.36'
13.61'
59, !S'
34.46'
66.04.'
0878'21 "£
· N32"40'24 "W
· N1Ji2'54"E
· 'N40'57'49"W
. N22'54'49"E
· 'NJ9 '59 'so ·w
N07'44 'J4 "W
JO'J5'J5"£'
59. 06'
45.25'
41. 71'
106. 87'
45.J4'
109. lJ'
98.61'
5J.2J'
S'45'52"W
.
-'):
~&
76 •09 'ss ·w
NSS 'SJ '41 •w
N87i 1 '27"E
N2J'J8'.J2"W
N14'5J'J2"W
N24i7'os·w
• • • --9-
. • • • 'S1'~
01-1J'45•E
• • • • <-?<9 . . . . /{,-
':.'(: ::t ~~.:•:;.' 116~ BJ
37·02·1o·w 19. ts'
26.12'
38.65'
JJ.40'
59.JO'
45.86'
62.92'
92.51'
54. 34.:...' --~-,,
NOJ'SO '58 .E =---iv4:,. 'J; •24 •E
125.02'
66,78'
21, 16'
N48'J2'08•w
N11 'JJ'25•w
NOS '21 'JJ'"E
NSO'S7'47•w
N21'28'24•w
42.90'
32.14'
44. 09'
36.01 ..... ' --...-:71
JO.JO' N06'JJ'J4"W
I I IND/CA TES COASTAL COMMISSION DEED RESTRICTED AREA PER DOC. RE'C.
. • · · ' . 4-14-89 AS FILE NO. 89-196176 O.R., TO REMAIN
(·:::.·:::::::::. IND/CA TFS "AR£,4 OF GIVE: BACK• (AREAS CREA TED AS OPEN SPACE DEED
('::::.•::::::.•:. RESTRICTlON/STcEP SLOPES) PARCEL 14=1.20.J AC.
PMJ TECHN0<.0Gt£S 100' o• 100• eoo• 300'
•• 0A0 S11UZ7, Sl.nr~ I•~ •-I • • --·--lNI ~ mm ~ '1:;) .l»-+IM .C, ..U IQU.100 (44.11) l"l«sC:/ .,_,,__,, C,,,,Z:S:ZO
l.1ARA PHASE II DEED RESTRICTlONS
PLAT TO ILLUSTRATE LEGAL DESCRIPTION FOR
COASTAL RESOURCE GIVE BACK/TAKE AREAS
SHEET 21 OF 24 SHEETS
. c.o c.o
C'\j c.o
SEC, 27
P. 0.8. PARC£L 'V• ct PARC£L 12
= ANGLE POINT IN W'L Y LINE OF
PARCEL 15 OF DOC. NO.
89-196176
N09iJ'J8"W 24. T 7' .____-=-"
N24'58'44"W 60.48'--~
N1674'28"E 12.25'
N84'02'5J"E 6.28'-=-----=::::::::::::::.:::::~-
N19'54 '34 "E 6 7. 84'
PARCEL 2 7 ---.:.._
NJ8'45'50"E 59.52'
N48'52'0J"E 91.38
T. P. 0. B. PMCEJ.
S££ SH££T 20
3 . . .
P.O.B. PARCEL 21.tk P.O.C.
PARCEL •V= AN_Glf f!Oll!TJN. . , · · N49'!57'02"W 2 45'
W'L Y LINE OF PARCEL 15 . , • 4 ' ,
. OF DOC. NO. 89-196176 . . . . . · ,N6!'5J'Sl w, 36.99
NJ7'J6'59"W B 95, · · · · · N74"2J21 'E 67.20.
-----N4874'26"W 73.88'' · · · , N84'.J0'58"W 54.JJ'. PARCEL
~-N46i2~9•w TiJ9' · · · · · · · · · · · ·
N26'45'JB"W 65.57'
N67'52'05•w 67.44'
DATA TABLE
1 N83'54'47'"W 39.13'
2 N0870'08'"W 14.27'
J N16'47'41 "W 28.78'
4 N60"2J'07"W 37.14'
5 N46'41 '22"W 36.67'
6 NJ8'!51 'JJ"W 41. 10'
7 N16'24'28"E 45.91'
8 NJ8'45'50"E 26.16'
9 N19"54'34-E 32.09'
10 N34 '24 17"E 57.00'
11 N41 V6'26'"E 47.BJ'
12 NJ2:JO'OJ"£ 15. 48'
LEGEND:
SEC. 34
Ti2S, R4W, S,B.M,
IND/CA TES "AR£A OF TAK£" (POR770NS OF AREA TO BE QUITCLAIMED FROM
.--... -.... -.... -.... -.... -... -.... -. .. OPEN SPACE DEED RESTR!CnON/STEEP SLOPES DESCRIBED IN EXHIBIT ·a·
1·:::::::::::::. OF DOC. REC. 04-14-89 AS FILE NO. 89-196176, O.R.) PARCEL U = 0.619 AC.
PARCEL V = 0.090 AC.
777777/1 IND/CA TES "AREA OF GIVE BACK" (AREAS CREA TEO AS OPEN SPACE DEED .
V//////] RES'TRIC770N/STEEP SLOPES) PARCEL 12 = 0. 028 AC. PARCEL 27 = 0. 010 AC.
. . . , ! IND/CA TES COASTAL COMMISSION DEED RES'TRICTED AREA PER DOC. REC.
___ ____.J 04-14-89 AS FILE NO. 89-196176, O.R. TO REMAIN
P&D TECHNCX..0Gt£S 100' 0' 100' 200'
f<lf JICST'A'r1'!!I7; ,urr:i:,cc
.u,, ~ CA,lF0'NA #:l'IC/'I ' --•· --· me (n1 ~ ..x:i. Mi 1=.xoc ~,, ~ >-4-n o,,,,zsn
\1ARA PHASE II DEED R£STRIC770NS
..
0
0 -II .. -
:JOO'
PLAT TO ILLUSTRATE LEGAL DESCRIPTION FOR
COASTAL RESOURCE GIVE BACK/TAKE AREAS
N4S72'49•w
N55 "SO '02 •w
N82'0J'04-E
N627J'Jo·w
N62:J8'55-E
N82•47'00-E
N47'41 '33•w 127. 93'
NJ9:JJ'16•w 34.67'
N64"55'45•w 18.12'
SHEET 22 OF 24 SHEETS
S££ SHEET 21
. . . . . . . . .
. . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . .
.........
•:PAR~ .......... . . . . . . . . . . ··· •y· . . . . . . . . . ...
l.t) -
N08i0'S7•c 6S. 06'
N00'2S'02"£ 4.J.JS'
N05'57'24•c 29.14'
NJ5i6'37"W 76.10'
NS.Ji 7'22"W J0.56' NS07J'21 "W 60.6S'
N10i4'02"W 21.07'
N48VS'S4"W 51.19'
L£G£NO:
WJ1 -s1 'oo·w 14. 10'
N84i2'S8"W 62.J0'
CJTY OF CARLSBAD
TRACT 55 .. 35
MAP NO, 12413
,..........,...............,._..., /NO/CA TE:S "'ARFA OF TAK£" (PORllONS OF AR£A TO BE OUITCLAIM£0 FROM
'.-:•:•:•:•:•:•:•:•:•:•:•:•:•: OPFN SPACE 0£€0 RESTRIC770N/ST££P SLOPES OESCRIB£0 IN EXHIBIT •a•
.............. OF OOC. REC. 04-14-89 AS FIL£ NO. 89-196176, O.R.) PARCEL •y-= 0.306 AC.
77777/)j /NO/CA TE:S "AR£A OF GIVE: BACK" (AREAS CREA TEO AS OPEN SPACE OEEO //// LLLJ RESTRIC770N/ST££P SLOPES) PARCEL 10 = 0.952 AC. --'-'-J-.J-J.--
• . . . ·11NOICA TE:S COASTAL COMMISSION OE£0 RESTRICTED ARFA PER OOC. RFC.
---~--04-14-89 AS FILE NO. 89-196176 O.R. TO R£UAIN r2] p MJ TEC1-fi#Ol0Gt£S 1 o o '
• -,err ':,c· ~ SUTr ,::,co SAlf ,:i,o,Q ~ arcx rn.c (111) ~ ,ca Ml IOIS.J.100 (4411} ~ :>4-11 C-Z:S:V
v1ARA PHASE II DEED RESTR!CllONS
0' 100' -200' 300'
PLA T TO ILLUSTRA TE LEGAL DESCRIPTION FOR
COASTAL RESOURCE GIVE BACK/TAKE AREAS
N2918'57•E 19. 95(....---==::=--
N55'J3'12•E 40.95'--=---
N64V7'44•c 17.70'
Nf 8V5'51 •E 37. 18'
N58'22'5J•E 14. 77'
N4216'!,f.•E 85.J8'
SHEET 23 OF 24 SHEETS .
---PARCEL 18 ---, -P"";,;;+=~
N48V8'29•w 27. OJ'
N68io'47•w 28.96'
N86:J2'2J"W 29.19'
N52i6'37"W 61. 65'
N72'JO'J9"W 40.36'
N06"27'1 rw 29. 7s'
-------"'-N.15'J5'46"W 6S. 401 P.aB. PAR. ~
rt..&~ 0
-ANGLE POINT
IN N'LY UNE
OF PAR. 6 OF
DOC. NO.
89-196176
N32i2'SO"W 94.43'
T.P. O.B. PAR. •
N2J'4811f "W 25.891
. . . NJJ'Ol '09"W 82.94'
N27'24'41"W 31.001
. . N18'04 '06"W 40. 02'
N18'J8'J6,.W 48. 71'
1
2
J
4
s
6
7
8
9
10
11
12
!J
14
OATA TABLE
N2978'S7"£ S0.00'
NS8"22'SJ"£ 43.17'
N18'0S'S1 •c 7.JJ'
N45'57'J2"£ 33.JS'
N45"57'32 'E: 8.80
N48'J8'J2 W 59.0J
N47V6'48"W S0.75'
NJ8V9'08"W 76.80'
N01'JJ'29 '£ 35.56
N19'45'26 W 88.90
NJ2"45 'J4"W 48.28
N29i8'57"E 117. 94 I
N4S7240 W 24.21
76.47
N14'J0'01 "W
N05'07'18"W
NJ57836 W -------------J N20'J2'os·w
NJ4'57'J9•w
LEGE.NO:
N12'S8'01 •w 56. 67'
. • : N19'27'1J"E 87.61'
1L:.....-::::::::---N11 "20'16·w 1s. 78'
N.:J878'SS"W 36. 00'
£----N2.J7, '58"W 1a. 77'
NOJi5'04 "W 77. 95'
SEE SH££T 2-1-___,~ N02'J2'42"E J4. 04'
IND/CA TES •AREA OF TAKE" (POR TlONS OF A TO BE OU/ TCLAIMEO FROM OPEN
-'.•:•:-'.•:•:•:•:•:•:•:•:•:•: SPACE DEED RESTRIC770N/STEEP SLOPE DESCRIBED IN EXHIBIT •e• OF DOC. REC.
..
0
0 ....
II
" ....
. ............. 04-14-89 AS FILE NO. 89-196176, O.R.) PAR. ·o-=0.968 AC. PAR. •p•-o.522 AC.
~ IND/CA TES "AR£A OF C/vf: BACK" (AREAS CREA TEO AS OPEN SPACE 0£EO ~ R£STRIC770N/STE£P SLOPES) PARCEL 18 = 0.027 AC. .
-----., IND/CA TES COASTAL COMMISSION DEED RESTRICTED AREA PER DOC. REC. 04-14-89
· · · ·. AS FIL£ NO. 89-196176, O.R. TO REMAIN
P It!) TECiNO<..OGt£S 1 o o '
'"I tCJ'T 'A'rn«rT. Ufrr:,,)O £WOOICI ~ n,c,, I
0' 100' 200' 300'
J
I .c, M:l ICd.S..1 00 r, ~ ~" M?n, J
1ARA PHASE II DEED RESTRICTIONS
PLA T TO ILLUS TR A TE LEGAL DESCRIPTION FOR
COASTAL RESOURCE GIVE BACK/TAKE AREAS
SHEET 24 OF 24 SHEETS
T.P..aB..
PP.~.CEi.
17
Z , 1j N84:J1 ·15"E 27.00'
""· NI 7"57'J8"W 51.58'
P.as. PAR. ·Q·~ P.O.C. PAR.16 ct PAR.17
=ANGLE POINT IN E'L Y LINE OF PAR. 6
N44'44'33•w
NJ8'4J'28·w
N14'54'02•w
N40i7'4S•w
N76'J9'4t•w 22.85'
~RCEL ~•~~~;;_~_==?~~~~-~~
NS4 "S 1 '44 •w 4. 2 J'--::::::::--=--~.:...._..:._;__::.-
N27"58 '50 •w 43.00 1 """'=::~:;:=:::=:;::--:---;-
N 2 2 i 1 'J 4 "E 19. 79' ---=======---:::::::::===------~
N1175'24"W 118.00'----
NOT "4S'55•£ 46.13'-::o---.._
N09"5!'28•£ 61.8S'__,,.--
N19"58•50•£ 26.SO'
N09"06'J7,,W 56.46'
N11 -S9'38·w 93. 08'
NO-f.'57'26"W 29.66' ·
NS2"57':JJ•w 12.90'
N87'2S'ss·E 41. 74'
N38-S7'2s·w 8.8J'
N10-S8'37"E 30.96'
N57'51 '21 "E 21.20'
N44 73'1J"E 42. 67'
N80iS'29•w 9.JJ'
NJ8'30'08"W 25.34'
N80"44'og•w 23.40'
N29'51'01"W 63.46'---
N76V1'57•£ 23.85'.---=::::::::::::-..___
N59"06'38•£ 2S. 73' --=::::::::__-
OF DOC. NO. 89-1961 76
N38"43'28•w 37. 00'
NS4"51'44"W 29.44'
N18'40'1o·w 39.94'
1s:;9'41 •w 11.1s'
/L:.;....£---T.P.O.B. PAR. 16
POFt SEC, 27
Ti28, R4W,
S.B.M.
PARCEL 16
N27'58'so·w 11.93'
N16i6'58·w 95. 12'
.1..-:----o::,,,,-No2·02·01 ·c S6. 11 •
N14"52'so·w 49.29'
N04"50'08•E 35.56'
w"· PARCEL 7r•
N04 •43's8·E 63. 68'
N13'2S'2J•w · 18.56'
N3B"S7'2s·w S4.29'
T.P. O.B. PAR. •R•
PARCEL 15
....---rv87'2S'SS"E 0. 70'
--::;;=-N77"09'39"W 6. 01'
N69i5'17"W 11.35' NSOV7'49•E 25. 68'-• ----
NJ2"45'21 •w 13.62~' ------__ -r::::_-:i:i. __ ~~· ~~::±:;;:~'f,f,,-----:::::::===-N1S'23'0.J"W 18.51'
N84-So'os·£ B.oJ'
........-".'.::::::.-:--:::::;.~
/.J"<-=--N57"51 '21 "E 26. 49'
~~;::_-T.P. 0.8. PAR. 15
N14 '4S'29•£
N36 '2 7'14 "E
N24 '53'49 •£
N01i2'31•w 36.48'
LEGEND:
.--~==--N10'58'37•£ 9.09' l,I_\.L ____ ,
N4J"S4'J9"£ 37.61'
P. 0.8. PAR. •~ ct
P.O.C. PAR. "R• d-PAR. 15
=ANGLE POINT IN E'L Y LINE
OF PAR. 6 OF DOC.NO.
89-196176
N66 •47'58 "E 45. 43'
N85"2J'25•£ 47.85'
N75:J4'22"£ 94.8S'
N46'28'07"£ 108.c'Jt:'
N73"54'22•w 14.36'
----IND/CA TFS ,.AR£A OF TAK£• (POR 770NS OF AREA TO 8£ OUITCLAIM£D FROM
OPEN SPAC£ 0££0 RESTRIC770N/STE:EP SLOPES DESCRIB£D IN EXHIBIT •a•
l.&.I.&... ........................... OF DOC. REC. 04-14-89 AS FIL£' NO. 89-196176, O.R.) PAR. -o• = 0.008 AC.
PAR. "R" = 0.289 AC. PAR, "S" = 0.619 AC. V//1////1 IND/CA TES "AREA OF Glvf' BACK" (AREAS CREA TED AS QPEN SPACE 0££"0
'-~"-'--'--'-_,_ ..... R£STRIC770N/!STE£P SLOPES)PAR. 17 = 0.014 AC. PAR. 16 = 0.003 AC. PAR. 15 = 0.010 AC. C . -. -. -ilNDICA TES COASTAL COMMISSION DEED RESTRICTED AREA PER DOC. R£'C. 1-L _____ 04-14-89 AS FlLE NQ 89-196176 O.R. TO REMAIN
0' 100' 200' 300' ~-.....;~......:......-. ...............
i \1ARA PHASE II 0££D R£STRIC770NS
(30106. Development]
uoevelopment• means, on land, 1n or under water, the placement or erection
of any solid material or structure; discharge or disposal of any dredged
material or oF any gaseous, liquid, solid, or thennal waste; grading,
removing, dredging, mining, or extraction of any materials; change 1n the
density or intensity of use of land, including, but not limited to,
subdivision pursuant to the Subdivision Map Act (corrxnencing with Section 66410
of the Government Code), and any other division of 1~nd, including lot splits,
except where the l~nd division is brought about 1n connection with the
purchase of such land by a public ~gency for public recreational use; change
in the intensity of use of water, or of access thereto; construction,
reconstruction, demolition, or alteration of the size of any structure,
including any facility of any private, public, or municipal utility; and the
removal of harvesting of major vegetation other than for agricultural
purposes, kelp harvesting, and timber operations which are 1n accordance with
a timber harvesting plan submitted pursuant to the provisions of the
Z'berg-N·ejed1y Forest Practice Act of 1973 (colllllencing with Section 4511).
As used in this section, "structure" includes, but 1s not 11mited to, any
building, road, p1pe, flume, condu1t, siphon, aqueduct, telephone line, and
electrical power transmission and distribution line.
EXHIBIT "D"
:: Hr
LANDSCAPE FIRE SUPPRESSION ZONES
\JN~DSHAlM
'"'~"'""_t"ll'Of,...,,.,~_,....,. "'t...,...\.,_tr.u:,,,.,o"·(JlllO.MIOO n..~,..,_...,.,,...,,....._QI'~
BRUSH MANAGEMFNT PRI ININr,
....
I
AVIARA
FIRE SUPPRESSION LANDSCAPE PLAN
PHASE II
. ~,.... ....,._ ~
••.ftll,,9J .. -· ---====
LANDSCAPE FIRE SUPPRESSION ZONES
00 !oK
0 • 'c> . . .
~----
PRUNING OF OAK OR OTHER TREE
HYDROSEED MIX --Oc4?-m twwn ) .0 O..l TS lS l
• 7S t.5 ts 20 u lS oO I ..,. .
1'Q • I.S '° IO I 'IS :0 J • ss • .. ,. .
"" )0 • ,s r, .., ..
-a..xn.--. ... ~ ----...__ __ -----._..___ ..... _ --------e-mm..,,.,,, r_.....,..s--_
O:mmz,..,, "----y.,_ .,_,._.,
&:a..'-:! ........ ---,,__ ._ ----~ .___a.--~E!'DIHO S>W1. ~o,. ~ ~T'OH 0,. 11.IJ'l""1' ... xnJ'I!
0, ¥fATl:J._ SH:D, Fl:JimUZVI. O"GN,!C $Or\.. STA&I.IZ!PI A#ltO M\A.CH. Al""'-'r n.l ~M4~N A OH! STY' ~!D"""UCA110H:
2D0Q \..MIAC"t. C!U\A.OS' wco:, '18!1' tlOL.JLSIAC,._ ~SC:...STAaUZVl,,~(WlltCIJlil. SllD..X.
CONSTRUCTION SEQUENCE NOTE
n<e ""'l . .9,IEKTAT10H OF ll<ESE ,upc,ova.,eim; WII.I. REQUIRE n<E CCX:ROIHA T1ClN OF VARIOUS nv.oes C,H s= Tl<c FOI..LOWl>IG IS Tl<E NffiCIPA TEO SEOUENCc OF CCNSTl>Ucnot<.
I. INITIAi. BRUSH Cl.£AAING.
2. FlaD I.OCAT10H OF PRoP~ t.JNES (BY OWNEA.)
:L AHAL Cl£AAlHO AFTER SURVEYING.
4. l><STAU.ATlON OF RE.AA COAHER MONUMem; 18Y.0WHER.)
5. INST AU.A'llOH OF l'cNC:NG (WMERE AP!'UCASl.E. BY OWNER.)
IL l><STAU.AT10H OF IRRIGATIOH SYSTEM.
7. IMJROSEEOtNQ.
r-1
-I BO.JH0ARY I I -L,__ A.,,..RA dill . l!OUNOARY
~I,-. i ·--:t-.
KEY MAP
1/;',j\ . ,'?
• I --L : •·. ~ •• .!,
~
-~
l'V<NNIHO ARE.A (TYP,c,.L)
HOTTOSCALe
PROJECT INFORMATION
,n.t! 'M"C,Yo,t!NTS V!.Ctr~O tH ,,_.!SI! C,u,""'"""°' ll91(JV!Of: &o,il n.@ ,...,_O,fP"T'AT'CN o-""1111' su,-.,.e~ ......,,.cse,.,.NO. ,.~• :'l-o! ""'#JU. 1111,., isu,. ... uso. v,,,0se,.,1
CUIOE.JNlS.'" Tkl! """11..JML "V""T c~n!.S ~a,ff TO OE't~ SITU.
~ Mf.A ~n>, IS &A.$1!D Ul"0N T'VfTATIY! W.V C.T. D-,,_9¥EJ .,, ~'° ~ocua DAT"ED 22 """"'°' '"'·
~ --201,,....,...,,_,_,, ___ --c.-.~-(1111 Slt-tltO
\.NtOSir..~ ~CT ,._..._. s,.-.
si-w. M-. ASlA C.M a,,,. 2,,,,...,....~..,.. s.-,c:o
C....-o.d.~.__.noo,
(llt• i.31-4710
DRAWING INDEX
,.
2. ,. .. s.
I. 1.
I.
L 10. "· 12. ...
"· t!L
II. 17.
,e,:e,rn,,
I ...,.
-.0.TO<"'-'H
1
.. " ,._, ~H()llff\f ,..11 SOCJT'H ,,. Z7
,.,. ZI .. ,. .. ,. ,.. z,
,-.29N(j;n'H ,.,.HSC)VT)I
•-. Z7 ,. :, .. ,. ,.,.
THESE Pl.ANS NOT FOR CONSTRUCTION
P:aRMIT SET· 26 APRIL 1991
AVIARA PHASE II
COASTAL COMMISSION SUBMITTAL
·-....
-"t•"""l't..
l
.. 17-
..J <: ~ ...-4 I :E ~ co ::::i-'1'J ., z ~ Q ,. '1'J ~ '1'J :II :E :II ..,
ii: ~~ ,. :O~ ::, .. w(.)O "' V). \!, ~ <_J ~ = <: u !!' CL!-. 5 <'1'l ~ .. C::<:.,.
~~02 :c (.) ~
::s @:s ~
---
UNDlsnJR8ED NATIVE OPEN SPACE (DUD~
WITH Fl"E SUPPRESSlC)H .!:ONES GUI0£1JNES. gM, ':"'cr~h---·
REVEGETATED NATIVE PLANTINGS ~ SPECIES »KJ OE"'5/Tlf5 PPOVIOED IN CONl'°"""-"CE
.------FIR;:~:p::~:~N LANDSCAPE AREA \
(TY'i:~r \ SEE SHEET I FOA DETAIL.ED TREATMENTS •~
FIRE SUPPRESSION LANDSCAPE AREA
(TYPICAi. 90UN()AAIES F~ Ul'HIU. C0NOITIONI ZONE I• ICT WIDE
ZONE 2• 10' WIDE
SEE lltITAJl.5 S>!EET'~ FOA A00ITlONAl INFOl'M4TlCN
l!PJ.ii~ DOMESTIC LANDSCAPE AREAS
PER ONA PLANS
CITY• Q•t,·U DATED 1•n •,i • .._-t>
~LANTING NOTES
""" ~sso. vwosc~ ~ M ..._,l,llfHTfO.,. ~ """"' THl,.¥1.aJUf""f ~SSl()lif~ OUl()t\"S~
l'O"llt ~ \.AHO~ OCC1JII\S 0J4 "AO 4'M..U ,,,-, IS NOT A ,.,urr 0, THCSI ~Ufkl:I
0.l»-ao:CflW00rlU.T11Yt:lf'~Y~...,T"'f~~t»wJ.N P't,i,a..ufD ..,,..,.. l"flltCfflf'TM)f C0¥flll C,tl1'1111A tSJ ....... LSMEO .,. Tkit '1"1
:SU,0,,,1'fSS,0,..~1,w.-_..'""'-•t:.\ ~ TH( Sl"!CF!fD ~lid TO l0TM ZCINI.S I NIO 2.
NOTE: l-'H0SCAl'E A~CT 'MU. TAG All l'lANTS TO BE P-ED 0A l'EMOVl:O IN n<E FIEU> PRIOR TO Cl.EAAINCl oPPEAATIOHS
..e:..✓.·-< ~r., ... < /-j~~;:; x . i· ~ ... :
·. ·1/ .. n-~~----.·
~-/~S--·?/(!h ..... X[?..-~
EXISTING DOMESTIC LANDSCAPE
P.A. 24
• "fMIC.....,,, \I/II.I.' ,.,~~~
PLANKEY
·r--:;:,r l'IAESU-ESSIOl,IZO>lfTV.Q -~ ,..,-_,....,I.DWFUll.-...rt!
:•. A. 26 NORTH FIAE SIJPl'fOESSIOfl ZONE THREE IIOON"IO NAT~l l.ANOSCN'I.
FIRE SUPPRESSION ZONE 1 -----.-' 00M&s'T1C t.AN0SCAPINCI 20' 51:T IIA0( FJIOM EDGE o, ,.~TT!'ICAI. IU'l'AQXJl,l,t.TE IJMIT SHOWN
-----COASTAL RESOURCE ,'REA BOUNDARY
~--r--lJolt• '1l'O .,..,,., ~ --k'!'C ~
FIRE SUPPRESSION LAND~\:APE PLAN
-~-'T0 ,u,.-. ....... ..JJ-L....---' -••
.Alllfl6,,.,,I
00MES'T1C I.J'NDSCAPE ZONE
UNDIStlJRIIED HAT'IYE OPEN $PAC!. (Oftll-
RE\'EGETATED NATIVE Ol'EN SPACE
WITHIN 2!l" aF 0E!l) IIE!/nllCTED ~ Sl'Aai
:Ill' SfflACIC F'A0W EIXIE o, ,AO
;il:SE t'l.AN::l NOl' f OH CON.!lt U:11; I k ,r.t
: · ,IIMIT 5r.T• R MI\Y 1!1!l1
AVIARA PHASE II
· COASTAL COMMISSION SUBMITTAL
'IM!Sl!_._SS041.ANOSCAP£ l'\.AHSARE !IIJIIMln8l
IN~AWOCE Wfnf CCl,\STAI. Pl:"""1' Ml..._ SPECIAL CCN01T10NN.
-1"110422
.. 17-
N I r::i
P. A. 26 SOUTH
C. T. 85-35
PLAN I ING NU I t::;
• ,_.. .......,UCIN~ l,J,W,1. M ~ • ~ WITM ,,...""""'4,_t~~QUC:ti...u~
n>,lil (NI' ~ 0C,Cu11W 01 ,,.,, ....... NCJ. t<l1' A IIMT 0, TMl.U --OffL ru~ o, M010f."'-'nL•011 "°"'""~ MATM fll.Nt'I' ~ ~ llf ~~ "'1::;:,N"l~~'r-s~UIIA UT~• l"i f-"t
,iow;,,.,.,-~~..:X1'0a:,'1"N..,....,NfllJ.
NOTE: LAHOSCU'I! AIIO<ITEcrWU. TMIAU. l'UNT'S T0 IIE -..a> OR
IIEM0Y£O .. ntl flEU>r!IICftlt>CI..EAAING°"1aAATIONS
DOMESTIC LANDSCAPE AAEAS---------"'\ PER ONA Pl.ANS -----~-llllfn..•O'oa.D lllif.S f"-C1"U) c:ret VAC.l CITY f ,-. ,-. "" DATED• •• ·•• P.A 25
FlRE SUPPRESSION ZONE 1 -----------"" OOUESTlC t.»<=-u>INO 217 S£T 8AO< FRO.I EDGE Cl' •>D-TY"'CAI. Al'~ TE UMIT SHOM<
GOLF COURSE
FIRE SUPPRESSION LANDSCAPE-PLAN
PLANKEY
~ ~ ZCNE'IWO ~ PWW MTUOWl' MCI LC)rii, ,ua. ~
~--~ZONE"ll<Aa: ~=-=~-
~~Th'£°"9<P'l>a -~,onocrm, =-:i:m~~Sl'Aa
»~ROIEDGECF,JoD
lrlESi: PLANS NOT FOR CONSTRUCTION
PERMIT SET-I MAY 111111
AVIARA PHASE n
COAST AL COMMISSION SUBMITTAL
~!!IE-~~'V,HSA,E~ .. ~wm<0lAST"'-,e"""1 w,..._ ~ toNOff10N ....
-5
• 17-
M I l:J
···---·
PLANTING NOTES
fl"'! SU"'"t!SION ~ 9tW..t 9f ...,_~O • ~ Wl1'M
n,f AVI..,_... fltAI 5\JP'"lfSSIC)Jllf~ CUIOfl..e:S ~
• l'ONtO"fl:V,,,,,O~OCCU"'taOtl'ADMt,UNIQ•t<lfArl«fO,,,fl4.SI. ~~""'' • Q.f~O"~Jlt.Affl.'YOIINOMl.T~l,...,.TNfll'\.JIIHT~~-llt'""OflM,0 ""'.,_.. fl"!,tCfN"U.01 C:C,.,fll CNT!IIIIIA IIT,.._l&Mt.0 .. TMI fllllf S~S50t~l~""trC'>t"""9, I◄:) • ~--..ca •• 0Mff-.l0.,,,.~l'#Ct1
NOTE: L.AHOSCAr-! •AC><l'T'Ec:T w,u TAO All ,u,,rs ro a, _,,.ED OO'I
REMOVED .. T><E FIEU) l'fllOR TO Q..E,VUNQ ClPP'ERATO<S
)
~ I ------
STREET AS FlRE BREAK ---------
REVEGETATE0 NATIVE PLANTINGS ----:---~--------~~--y(e----~~•~\. s,,ec,es AND oeHSmes PRO\IIOEO "'CON,:o,,,.w,ce WITM FIRE SUPPP;E.SSNON Z[)NES GUIOELJHE.S. see ONA PVNS CITY•C-::te•\1--
0ATEO 1 t1·'1
PLANKEY
~"11!! ~SSOI ZOl'll!TWO i,....:;.J .... ~--,o,,,,ua-
~-1'1111! SU!'l'RESSIONZONE'IMREE ;. ~==PACI.--Re\'EGETATEO NI.TM 0l'fN PACE
WITl<9f WO, 0EED IIESTfllCTID » SETMCIC Fl'ltll EXIE r:, ,AO
P. A. 211 NORlli ••i""\\\\ .-7r.t~,;x;·n ·
. :\}\\~~-~() ~:\ ~~ • ... '):\\\ \ . 1··-·-0, .. ·:( ~--!ri:r~ (~, .
0 -~"'\ ·\_· ~ .• '. . . .
. I
.. ~\(\ h-11\\; PA 28 ao · _-/._ . \-:l
PAO AREA MASS GRACI . ~ '/!,
PER · •\/. I;
II MASTER TENTATIVE ·. -:,:.
I CT •89-37
. . .
1,/;,.-.
·. -~
8£'-JN
P.A. 'T.1
COAST.Al. RESOURCE
AREA BOUNDARY
C.T.IIS-35
FIRE SUPPRESSION LANDSCAPE PLAN
THESE Pl.ANS ,-,OT l'OA CONSTIIIIC'llCN
M:RMrT SET• I MAY 1f!q1
.. AVIARA PHASE II ,
COASTAL COMM •-;SION SUBMITTAL
nESI! 'WIE ,._SSIOl'I L IOSCA,t! ,..,_ AA1i 9UeMITTU) ~ WITH CO :'TAL PEN«T Ml..._ SPECIAL
-..-r1,1at \I
-· ,·.uxr
-u.e-.
_. ftlo,l22
.. 17 -
i .. -
i ~'i ~ ~~~----:i: ! =s~~ ~-~-~= t•· -~~~ a~ ~!jl ;€ 2: fiil ·-z. g! □ ·= ~£ ,,.
0 . z ~ % z ~
NOTE: ~ AIICMTI:CT W1U. TAG ALL PUHTS TO IE l'RIMED 011 IIEMCWED ti ntE FIELD PR1011 TO av.RING OPrEMTIONS
PLANKEY
~"IAE~ZDE'IWO ~----LOlf---lFIIEllt"""ESSl0Hzc»E'IMAEE
_..,.,,.._
IICUES'T1c~Z0NE
POSI\IMEDNATM! CIPSIPACE •-IRTICTIDI
EXISTNl EUCAL'Yl"T\IS GIIOYE
IIEWGETATED NATM! 01'91 PACE
Wfflo9I llll'OF 0EEDl!EST1'CTE)01'£N PACE
211' SETIACIC l'IDI EDGE OF 'AD
P.A. 30
I
ARE SUPPRESSION LANDSCAPE AREA--------------.. (lYP1CAI. 90UNOAAIES\ ZONE I• 20" wtOE ZCHE2-2<TW10E • lcE SHE.ET I FOR DETM.B> TIIEA'IMEHT$
ARE SUPPRESSION LANDSCAPE AREA ----.. (TY~~'f FOIi UPHIU. C0NcrT10N)
ZONE 2-1a W10E
P. A. 26 SOl1TH
lcE DETM.S S>EET ll•FOR~ N'()JW,,14TION
, ··.
ARE SUPPRESSION ZONE 1
OOUE.STIC 1.-'HOSCU'INO 20" ScT e.t.O( FROM EDGc OF P'AO-TYPICAi.
APPAO>UMATE UMT "'°""'
,. A. 27 IICll.N)AA'V .'(: ••
. ·.•:' ,';. : .. ·.\·"\ .. : .. ; ....
DOMESTIC LANDSCAPE AREAS PER ONA PLANS
CITY• 0·M·5:3 D4TE0 1°1•~:,,
UNOISTURSED NATIVE OPEN SPACE _____ __,
fDUD ~
GRADI
A TENTA
89.37
REVEGETATEO NATIVE PLANTINGS ______ __..,-
PECIES NIO Dl!NSmES l'AOYDED ti C0Nl'Oll,WQ WITH FIAi! SUPl'AESSIOH ZONES GI.Jl06l.JNE£.
~~~..,--CATED 7 ;;:,.
FIRE SUPPRESSION LANDSCAPE PLAN
....
C. T. 85-35
THESE PLANS NOT FOR C.~UCllON
PeRMR' SET• I, ""'y 11191
AVIARA PHASE n .
COASTAL COM'i.lSSION SUBMITTAL
'!WES£ l'IIWl ~ · . .AICISCAl'f l"\IINS ARE IUIIMITTED ti~ WITH I : ASlAI. ,£AMIT Ml..._ SPECIAi. 00NDITION "-
..... ,·.1cu
-.. ,oc,z:z
-7
• 17-
If')
I i:x:I
NOTE: LAHOSC>.P£ AACM!nCT W1U. TAG AU. PUHTll TO Ill! l'AUH£D CR
RE~ NTHE F1E1.D P'RIOR TOCUAAINGOPPERATIONS
PLANKEY
~,_.E ~SSIOH ZONE Tv.o ~ ,......,NttOIWJN;!'JL.CMN.&~
~-FIRE~SSIOHZONETWIU ~ =::.::=-ZD<E COASTAL RESOURCE"-•
AREA BOUNDARY
IM""'1>1'•r::> N.l TM 0PEH SPAC!i • ll'UD IIUl7CTtl>I
REVECIETATitD NI.TM 0l'£H SPN::f.
wrr-zr OF DEED RESmlCTBJ 0P£N Sl'N::f.
2rt S£TI.AO( fROM EDGE Cf' ~NJ ... 1 •... , .. .
BA T/OUITOS
#_.
~~--,?/ .. ·. -.,:_,, .. ... : : ·;..• .. . ··.· ..
REVEGETATED NATIVE PLANTINGS ______ _,,
SPEQES AHO DEHSffl!S l'ACMDED N C0HFON,IAHCE Wini FIRE SUl'l'RESSDI ZCHES GulOElJHcS. • SHONAPINIS. __ _
. ~~ 5r.-g;;ip
UNDIST\JRBED NATIVE OPEN SPACE
ZOMf.j_ .,.,... • c:, 000
~o,,tH VAC.l
.,------UNDIS11.JRBE0 NATIVE OPEN SPACE -----, .,...,, ...,-,,en'"
r---FIRE SUPPflESSION LANDSCAPE AREA
(TYl'ICAl IIOUNOAAtES FOR UPHIJ. C0fCllTlOH)
ZONE I• ID'WIOE 2CN1i 2-ID' WIDE
SEE OETALS SHEET l'OII ~ ,_TIOH
DOMESTIC LANDSCAPE AREAS
PER ONA PLANS
OTY• O·e:"·'• 04lltD -ll ••1
P. "-2S SOUTH
00ASTAL ADQK:I AMA ICUCWl'f
THESE Pt.ANS. NOT FOR l • :>NSTJIUCTION
PERMrr SET• I MAY 19111
fl J/!: 7~
FIRE SUPPRESSION LAND~~APE Pl.AN AVIAFIA PHASE II .
'·ri:iir'il"r,t'"----.. -r ~
,.11CM.1 IIC)lllt'l"llt _,,,...
COASTAL COMMISSION SUBMITTAL
THESIFIN!.-SSIONUICli!CN'l!l'I.NISN'IE.9'.-..nED
N ~ WITk co,,sfAL PENMT Ml_..,~ C0N0IT10N ....
.__ 1·.1cxr
-a
• 17-
··-
COASTAL RESOURCE AREA BOUNDARY
REVEGETATEO NATIVE Pt.ANTINGS ------~~ sPECIES »IC DENSITIES l'ROYOeO IN CO<FORWAHCE WITH FIRE SIJP""ESS.ION 20HES GUIOEUNES.
~~~Cj~~:t--DATEO .t-lt•il
C. T. K-18
FlRE SUPPRESSION LANDSCAPE AREA
(TYP,CAI. 80UN).lR!f S FOR oc:iw-u. CONllTIOH) ZONE 1-2'7 WICE ZONE 2· 2'7 WIDE SEE OET.U..S SHEET FOIi ~ ~TIOH ,~.-... .,.-,, I ---•=
PA29
PAO AREA MASS GRADING PER PHASE II MASTER TENTATIVE IMP
•CT-89-37
l.l TlO\/ITllS
FlRE SU?PRESSION ZONE 1 ____ .,
DOMESTIC I.NIOSCAl'JNCI 20' SET 1AC1C FROM EDGE 0F ,~ TTPIC-.&. ~TE UWIT IH0WN
P.A. 30
BATIOU!TOS DRIVE LANDSCAPE
srnEET Mi FIRE BREAK ------------,
---PERMANENT DOMESTIC LAADSCAPE
~~~W~P NA~ OPEN SPACE
FIRE SUPPRESSION l.ANOSCAPE AREA
(m"ICAL IIO..O«lAAES fOA urHU. COHOITIONj
ZONE I• 10' WIDE
ZDE 2-10' WIOE
SEE DET~ SHEET I fOA 400IT1'JHAI. N'OIOIMTION
C.T.73-39
P.A.20A
KESTR!.:1. DRIVE LANDSCAPE
THESE Pl.ANS NOT F0Al CONSTRUCTION
PERMIT SET• 28 APRIL 1991
NOTE: UH0SCAl'E AIICHITEeT WU TAG AU l'UHTS TO If~ 0A IIIEWOY'EDNTME Fe.J),,_ 'TOQ--,~
FIRE SUPPRESSION LANDSCAPE PLAN
....
AVWV. PHASE I
COASTAL COMMISSION SUBMITTAL
'ne!l!'1'11!~1.INl!IC'-'fl'l..ueUElkl!UTT1lD ~WITHco,.srA1....iMMTw1...._UE(:MI.
-.,._,a:r
-9
• 17-
Tii~ I J~f =~; ~r c• 1 sws~ ~ Hh !
I ! I I
I
DOMESTIC LANDSCAPE AflEAS
PERONA Pl.ANS
CITY I er; C-,..a,3::
DATED :Z:::?'il ·:ti
ii~\ g:-.-. . ..:
ARE SUPPRESSION LANDSCAPE AREA ---?~~:l\llll!!!~ (IY1'ICAL BC:U«WIIES FOR UP,IIU CONOITIOH} ~u::~8i o 5cE SHEET I FOR OETAllED TIIEAlMEHTS :""\
C. T. DD-3"/
UNDISTIJRBEO NATIVE OPEN SPACE
·,·-1~~/. . l./7/4"' -. nJ~S<S'\ K~5»~1 ~ • It. J(.c:· .
I .) , J>;}J. ~)•
CO-'STAI. RESOURCE ___ ~i"i"fJ.--CTr.~7::-tfFii,7;3fl/ AREA BOUNDARY
EXISTING EUCALYPTUS GROVE------""'
(AP~AOX-TE u.llTSI /
I j·
I •
P.J..29
0
PA30
PAO AREA MASS GRADING
PEIi PHASE II MASTER TENTATIVE IMP
ICT•l!S-37
P~KEY
~ l'IIIE~ZCNETWO ~ -MT-#G~l\a..,_
l'SIE~ZOETHIIEE -....... .._
k. . . ,
·•l. -:-_" . -r·,~~~ ... :·.-./-/ -~JCNE
UN0ISIUIIIIEDNfo1M 0l'9C PACE ,
Elas'INl IUCALY!'TW GIIOII!
~~
_ _,01' l&D ll!STIICTED 01'91 IPACE
=-~~,, SU~ t\ .__ • / ( ( ., ·,;-~:.~---.:;;;;:-~ ...... ,,·~-·--. . -~
NOTE:
INC>SCU'E AIICNITECT WU TAO AU. l'UHT'S TO 11E '1'IUNE0 011 l'llllo10YED IN TIii: FIELD l'lll0R T0 CUAll9,0 Ol'Pl!IIATIONS
·~~
' ARE SUPPRESSION LANDSCAPE PLAN
... THESE PLANS NOT FOR C0NSTRUC110N.
PERMIT SET• 211 APRIL 1111n
~"~ ..... ,.,..,,
p A. 21
1ffiveoETATED NATIVe PLANTINGS , P!CIES ANDDl!ICSITIES-IN CCINP0I WNCI\ Wint FIPIE ~ ZCHE.sllUCBJNES. SEE~"-MS,-tn'Y • c.T • .., •1:,. DATID Z·1t•i,
AVIAAA PHASE 11 •
COAST AL COMMISSION SUBMITTAL
'IH!!t!l'llll!~I.Nl:IIICW!l'\.veAIIE~
IN~wmt~JM.~NI .... Sl'Ecw. C:OCIITIC"A.
• 17-
co I ~-