HomeMy WebLinkAboutMP 177D; AVIARA PLANNING AREA 24; Master Plan (MP)-' .. •• . -C ITV OF CARLSBAD
lAND USE REVIEW APPLICATION FORM PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: {CHECK BOXES)
(For Der. (For De~t. Use On y) Use On y)
GJ Master Pl an M~l}.~.~IJ.t .... /1? {v) D General Plan Amendment ......
D Specific Plan ............. □ Site Development Plan .......
D Precise Development Plan ... D Zone Change .................
D Tentative Tract Map ........ □ Conditional Use Permit ......
D Planned Development Permit □ Hillside Development Permit.
D Non-Residential Planned D Environmental Impact Development Permit ........ Assessment ................
□ Condominium Permit ......... □ Variance ....................
D Special Use Permit ......... □ Planned Industrial Permit ...
D Redevelopment Permit ....... D Coastal Development Permit ..
□ Tentative Parcel Map ....... D Planning Cammi s s ion Deter ...
D Administrative Variance .... -a /_$.{ dxu,k{ ~@ti Aw,J, ~-b \
2) LOCATION OF PROJECT: ON THE I south I SIDE OF I proposed Poinsettia Lane I
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN I El Camino Real I AND I Alga Road I
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION:! Portions of Section 22, 26, 27, 28, 33 and 34
lin Township 12 south.
4) ASSESSOR PARCEL NO(S).j 215-040-16 I
5) LOCAL FACILITIES~ MANAGEMENT ZONE
6) EXISTING GENERALI RLM, RM PLAN DESIGNATION R.C,N,OS I 7~ PROPOSED GENERALlsame LAN DESIGNATION I
8) EXISTING ZONING! PC 19) PROPOSED ZONING! Same I 10) GROSS SITE I 52.65 I ACREAGE
11) PROPOSED NUMBER OFI 116 112) PROPOSED NUMBER! 120 113) TYPE OF I SF I SUBDIVISION RESIDENTIAL UNITS OF LOTS
14) NUMBER OF EXISTING RESIDENTIAL UNITsl I (RESIDENTIAL
N/A COMMERCIAL INDUSTIRAL)
15) PROPOSED INDUSTRIAL I OFFICE/SQUARE FOOTAGE N/A I 16~ PROPOSED COMMERCIAL SQ ARE FOOTAGE I NlA I
ARFH0008.DH 4/89
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM
17) PERCENTAGE OF PROPOSED PROJECT. IN OPEN SPACE ~' _2_6_% __ ~1 19)
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 116 I
PAGE 2 OF 2
PROPOSED INCREASE IN AVERAGE DAILY
TRAFFIC I 1160
20) PROJECT NAME :I._ A_v_i_a_r_a ____________________ ---1
2l)BRIEF DESCRIPTION OF PROJECT: I Master Plan Amendment for 116 single-family
homes on a minimum 7500 s.f. lots.
22) OWNER 23) APPLICANT
NAME (PRINT OR TYPE) Aviara Land Assoc. NAME (PRINT OR TYPE) same
MAILING ADDRESS 2011 Palomar Airport Rd. MAILING ADDRESS
Suite 206. ·. same
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
Carlsbad,CA 92009 (619) 931-11 0
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE-
ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST OF MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO SIGNATURE DATE THE BEST OF M NOWLEDGE. S TURE DATE
6 I 11/ 9 c:::::±:===:z:J__-J--6 / 1 ·1/ . o ~------=-!,<--------------'~-----1----+------~-'
************************************************************** *******************t**
FOR CITY USE ONLY
FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED AUG 13 1990
CITY OF CARLSBAD
DEVELOP PRDC SER\~DI~ DATE STAMP APPLICATIONEC 1VE
RECEIVED BY:
TOTAL FEE REQurnrnl s-1 s-2.s.0 I
DATE FEE PAroi ,g!,c,})o I , RECEIPT No. J..__ __ --J
• J
IIDC'Uf\f\f\O nu Alon
c!arlsbad
DISCLOSURE STATEMENT
APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED
SOARD, COMMISSION OR COMMITTEE.
(Please Print)
The following information must be disclosed:
1 . Applicant
2.
3.
4.
Ust the names and addresses of all persons having a financial interest in the application.
Aviara Land Associates Limited Partnershi
2011 Palomar Airport Road, Suite 206
Carlsbad, CA 92009
__,_ _____________ _
List the names and addresses of all persons having any ownership interest in the property involved.
Aviara Land Associates Limited Partnersh.·---------------
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 a.
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnersr
interest in the partnership.
Aviara T,and Company
450 Newport Center Drive. suite 304
Newport Beach, CA 92660-7640
Republic »0v0lopmeat Compaay
450 Newport Center Drive,#304
Newport Beach, CA 92660-7640
If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names a,
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiz
of the trust.
,,,,...._ --.,\
Disclosure Statement Page 2
s. Have you had more than $250 worth of business• transacted with any member of City staff, Soares
Commissions, Committees and Council within the past twelve months?
Yes_ No~ If yes, please indicate person(s) ___________________ _
Person is defined as: •Any individual, firm, copartnership, joint venture, association, 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: Attac additional pages as necessary.)
D.L, Clemens 6/18/90 D.L. Clemens 6/18/90
Print or type name of owner Print or type name of applicant
•
June 11, 1990
Mr. Michael J. Holzmiller
City of Carlsbad
2075 Las Palmas
Carlsbad, CA 92008
AVIARA
RE: LCP Amendment -Aviara PA 24
Dear Michael:
•
CITY OF CARLSBA:J
DEVELOP. PROC. SERV. :)IV_
Aviara Land Associates Limited Partnership hereby requests the City of Carlsbad
to amend the Mello I and Mello II Local Coastal Program Implementing Ordinances,
consistent with the proposed Aviara Master Plan Amendments. These amendments
affect Aviara planning area 24.
I have enclosed the application fee of $1500 for staff processing of the
amendments.
Sincerely,
G
Paul J. Kluk
Director of Community Planning
PJK/er
cc: Chris DeCerbo
Mike Grimm
PJK/er
pa24app.akz
2011 PALOMAR AIRPORT ROAD SUITE 206 CARLSBAD, CALIFORNIA 92009 (619) 931-1190 FAX:(6I9) 931-7950
r m TICOR TITlj INSURANCE
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
925 "B" STREET SAN DIEGO, CALIFORNIA 92101
P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-~JF.i\/FT-.
<P "••.,
PRELIMINARY REPORT APR 3 0 i990
APR I L 2 7 , 1 9 9 Q\\f Lt-J:~, ,J
AVIARA LAND ASSOCIATES
ATTN: DONNA TESTA
2011 PALOMAR AIRPORT RD SUITE 206
CARLSBAD, CALIFORNIA 92009
YOUR REFERENCE: PLANNING AREA 24
OUR ORDER NO. : 1185102
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE
INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA HEREBY REPORTS
THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE
HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND
AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING
AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR
ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT
EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS
AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID
POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER. COPIES OF THE
POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH
ISSUED THIS REPORT.
THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED
THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED AT 7:30 A.M. AS OF APRIL 23, 1990
TITLE OFFICER: TOM VOTEL
KEN CYR
TEL 619 544-6234
TEL 619 544-6236
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
( ) ALTA RESIDENTIAL TITLE INSURANCE POLICY -(6-1-87)
( ~ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE
(vJ CLTA STANDARD COVERAGE POLICY -1988
( ) ALTA OWNER'S POLICY (10-21-87)
1185102 PAGE 1 \
....._____ _______ (/~
.---(I TICOR TITLi INSURANCE--
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT
IS: A FEE
THE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS
FOLLOWS:
1. GENERAL AND SPECIAL TAXES AND SPECIAL ASSESSMENTS, IF ANY,
COLLECTED WITH SAID TAXES.
FOR THE FISCAL YEAR : 1990-91
INCLUDING PERSONAL PROPERTY TAX, IF ANY,
A LIEN NOT YET PAYABLE.
THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE
PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE
TAXATION CODE OF THE STATE OF CALIFORNIA.
2. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES
STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY
FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY
RECORDED OCTOBER 16, 1956 IN BOOK 6301, PAGE 162 OF OFFICIAL
RECORDS
AFFECTS PARCEL A AS SET FORTH THEREIN; LOT 91 AS SHOWN ON MAP
12410; LOT 92 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 1 39" WEST, A DISTANCE OF 756.26
FEET; THENCE NORTH 53°06 1 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 1 06" EAST, 135.00 FEET.
AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
1185102 PAGE 2
_.-_ fiJ TICOR TITlj INSURANCE-
DATED
BY AND BETWEEN
REGARDING
RECORDED
JANUARY 10, 1989 SAN DIEGO GAS & ELECTRIC COMPANY AND PACIFIC RIM
LAND ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP
RIGHT OF WAY USE AGREEMENT
JANUARY 10, 1989, RECORDER 1 S FILE NO. 89-012389
NOTE: SAID AGREEMENT REFERS.TO THE EASEMENT ABOVE DESCRIBED.
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, 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; AND LOT 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.
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 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
PURPOSES AND PIPE LINES
RECORDED FEBRUARY 7, 1958 IN BOOK 6941, PAGE 234 OF OFFICIAL
RECORDS AFFECTS PARCEL A AS SET FORTH THEREIN; AND LOT 91
AS SHOWN ON MAP 12410
5. 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 1 S FILE NO. 83-378945
6. 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 1 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.
7. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
1185102 PAGE 3
.-----·!fil TICOR TITlj INSURANCE-
DATED
BY AND BETWEEN
REGARDING
RECORDED
8. AN AGREEMENT
DATED
BY AND BETWEEN
REGARDING
RECORDED
9. AN AGREEMENT
DATED :
BY AND BETWEEN :
REGARDING
RECORDED
AUGUST 29, 1986
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
TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
OCTOBER 16, 1987 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
TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
JUNE 6, 1988 THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE
STATE LANDS COMMISSION, WITH THE CONCURRENCE OF THE
CALIFORNIA ATTORNEY GENERAL; AND PACIFIC RIM LAND
ASSOCIATES LIMITED PARTNERSHIP, A DELWARE LIMITED
PARTNERSHIP TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND
CONVEYANCE OF PUBLIC ACCESS EASEMENT (LAGOON NORTH
SHORE TRAIL) JUNE 10, 1988, RECORDER'S FILE NO. 88-278452
10. A DEED OF
STATED HEREIN
DATED
TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
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
1185102
DECEMBER 20, 1988
$125,000,000.00
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661636
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
PAGE 4
fW TICOR TITLi INSURANCE-
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 13, 1989
FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION, AND AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE CORPORATION
APRIL 14, 1989, RECORDER 1 S FILE NO. 89-196181
IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT
AND DECLARATION OF RESTRICTIONS
APRIL 14, 1989, RECORDER 1 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 1 S FILE NO. 89-345754
EASEMENT JUNE 29, 1989, RECORDER 1 S FILE NO. 89-345753
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 1 S FILE NO. 89-345756
EASEMENT JUNE 29, 1989, RECORDER 1 S FILE NO. 89-345755
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
MAY 22, 1989 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
1185102
AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE
BANK OF CALIFORNIA, A CALIFORNIA CORPORATION
JUNE 29, 1989, RECORDER 1 S FILE NO. 89-345758
EASEMENT JUNE 29, 1989, RECORDER 1 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 1 S FILE NO. 89-345760
EASEMENT JUNE 29, 1989, RECORDER 1 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
PAGE 5
(OJ TICOR TITlilNSURANCE-
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
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
JUNE 29, 1989, RECORDER 1 S FILE NO. 89-345762
EASEMENT JUNE 29, 1989, RECORDER 1 S FILE NO. 89-345761
TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
JUNE 15, 1989
AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE
BANK OF CALIFORNIA, A CALIFORNIA CORPORATION
JUNE 29, 1989, RECORDER 1 S FILE NO. 89-345766
EASEMENT
JUNE 29, 1989, RECORDER'S FILE NO. 89-345765
TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
MAY 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. 89-346186
EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-346185
TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
JUNE 30, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
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
JULYS, 1989, RECORDER 1 S FILE NO. 89-354659
TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
AUGUST 1 , 1989 FIRST INTERSTATE BANK OF CALIFORNIA
SEPTEMBER 1, 1989, RECORDER'S FILE NO. 89-473402
AN EASEMENT SEPTEMBER 1, 1989, RECORDER 1 S FILE NO. 89-473402
TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT
SEPTEMBER 29, 1989
AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
NOVEMBER 17, 1989, RECORDER'S FILE NO. 89-627308
SEWER EASEMENT NOVEMBER 17, 1989, RECORDER 1 S FILE NO. 89-627307
11. AN ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE
INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT WAS
EXECUTED BY AVIAR~ LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
TO FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
1185102 PAGE 6
(I TICOR TITLj lNSURANCE-___,,_e,----------
CORPORATION
RECORDED DECEMBER 23, 1988, RECORDER 1 S FILE NO. 88-661637
12. 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 1 S FILE NO. 88-661638
PROPERTY COVERED AS SET FORTH THEREIN
13. 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 1 S FILE NO. 89-130025
AND AS AMENDED MAY 8, 1989, RECORDER 1 S FILE NO. 89-242769.
NOTICE OF SPECIAL TAX LIEN RECORDED JULY 28, 1989, RECORDER 1 S FILE NO.
89-400726, OCTOBER 5, 1989, RECORDER'S FILE NO. 89-540361,
JUNE 28, 1989, RECORDER 1 S FILE NO. 89-400726, OCTOBERS, 1989,
RECORDER 1 S FILE NO. 89-540361, AND APRIL 9, 1990, RECORDER 1 S FILE NO.
90-189679.
14. AN AGREEMENT
DATED
BY AND BETWEEN
REGARDING
RECORDED
15. 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 (LAGOON NORTH SHORE TRAIL)
APRIL 14, 1989, RECORDER'S FILE NO. 89-196178
16. A DOCUMENT ENTITLED "IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS" (LAGOON NORTH
SHORE 100 1 BUFFER) DATED MARCH 13, 1989, EXECUTED BY AVIARA LAND
ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, RECORDED
APRIL 14, 1989, RECORDER'S FILE NO. 89-196180.
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
17. 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 (LAGOON NORTH SHORE 100 1 BUFFER)
RECORDED APRIL 14, 1989, RECORDER 1 S FILE NO. 89-196180
1185102 PAGE 7
(IJ TICOR TITlilNSURANCE-_,_9..-----~
AFFECTS
18. AN AGREEMENT
DATED
BY AND BETWEEN
REGARDING
RECORDED
19. AN AGREEMENT
DATED
BY AND BETWEEN
REGARDING
RECORDED
PARCEL A AS SET FORTH THEREIN; LOT 2 OF MAP
12409 AND LOT 309 AS SHOWN ON MAP 12413
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 1 S FILE NO. 89-296176
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 1 S FILE NO. 89-345770
20. COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION
OF RESTRICTIONS EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP
RECORDED JULY 5, 1989, RECORDER 1 S FILE NO. 89-354659
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
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.
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 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
NATURAL AND ARTIFICIAL DRAINAGE DITCHES AND STRUCTURES
OF ANY KIND, WHETHER ABOVE OR BELOW THE SURFACE OF THE
GROUND. RECORDED AUGUST 7, 1989, RECORDER 1 S FILE NO. 89-419898
1185102 PAGE 8
,,----•(ID TICOR TITlj INSURANCE-
AFFECTS
22. AN AGREEMENT
DATED
BY AND BETWEEN
REGARDING
RECORDED
23. AN AGREEMENT
DATED :
BY AND BETWEEN :
REGARDING
RECORDED
SAID LAND AS SET FORTH THEREIN
TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
MARCH 7, 1990
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP, AND WESTERN NATIONAL
HOMES I LIMITED, A CALIFORNIA LIMITED PARTNERSHIP
CERTAIN IMPROVEMENTS AND EASEMENTS
MARCH 22, 1990, RECORDER 1 S FILE NO. 90-153235
TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS FEBRUARY 20, 1990
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP; DAVIDSON COSCAN
PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP; LYON
COMMUNITIES, INC., A CALIFORNIA CORPORATION; RDC
DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP; A-M HOMES, A CALIFORNIA LIMITED
PARTNERSHIP; AND BRAMALEA CALIFORNIA, INC., A
CALIFORNIA CORPORATION
UNITY OF CONTROL
APRIL 16, 1990, RECORDER 1 S FILE NO. 90-204778
24. NOTE: INFORMATION IN POSSESSION OF THIS COMPANY INDICATES THE
POSSIBILITY OF A DIVISION OF LAND OWNERSHIP. IF SUCH DIVISION IS IN
FACT CONTEMPLATED, THE TRANSACTION WOULD APPEAR TO FALL WITHIN THE
PURVIEW OF SUBDIVISION MAP ACT. (66410 ET SEQ. GOV. C.)
AS A PREREQUISITE TO THE COMPANY 1 S PARTICIPATION IN LAND DIVISION
TRANSACTIONS, COMPLIANCE WITH ONE OF THE FOLLOWING PROVISIONS OF THE
SUBDIVISION MAP ACT WILL BE REQUIRED:
(A) THE RECORDING OF A SUBDIVISION MAP IN COMPLIANCE WITH STATUTES OR
RELATED LOCAL ORDINANCES,
(B) THE RECORDING OF A PARCEL MAP IN COMPLIANCE WITH STATUTES OR
RELATED LOCAL ORDINANCES,
(C) THE RECORDING OF A CERTIFICATE OF COMPLIANCE, AS PROVIDED BY
STATUTE,
(D) THE RECORDING OF A WAIVER AS PROVIDED BY GOVERNMENT CODE SECTION
66428,
(E) SUBMISSION OF OTHER SATISFACTORY EVIDENCE OF COMPLIANCE WITH OR
NON-VIOLATION OF THE ACT.
NOTES
A. THE COUNTY RECORDER 1 S OFFICE WILL CHARGE, IN ADDITION TO THE
REGULAR RECORDING CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A
DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A
"PRELIMINARY CHANGE OF, OWNERSHIP REPORT." IN LIEU OF SAID REPORT,
SIGNED BY THE TRANSFEREE, THE RECORDER WILL NOT CHARGE AN EXTRA FEE IF
THE DOCUMENT IS ACCOMPANIED BY AN AFFIDAVIT THAT THE TRANSFEREE IS NOT
A RESIDENT OF CALIFORNIA. OUR TITLE BILLING WILL BE ADJUSTED TO
1185102 PAGE 9
·ffl TICOR TITli INSURANCE-
REFLEcT SUCH ADDITIONAL FEES WHEN APPLICABLE.
B. ASSEMBLY BILL 512 (CHAPTER 598, STATUTES OF 1989), WHICH ADDED
SECTION 12413.1 TO THE INSURANCE CODE OF THE STATE OF CALIFORNIA IS
EFFECTIVE JANUARY 1, 1990. EXCEPT FOR FUNDS DEPOSITED BY CASH OR BY
ELECTRONIC PAYMENT, THIS LAW PROHIBITS ALL TITLE INSURANCE COMPANIES,
CONTROLLED ESCROW COMPANIES AND UNDERWRITTEN TITLE COMPANIES FROM
DISBURSING FUNDS FROM AN ESCROW OR SUB-ESCROW ACCOUNT, UNTIL THE DAY
THESE FUNDS ARE MADE AVAILABLE TO THE DEPOSITOR PURSUANT TO PART 229
OF TITLE 12 OF THE CODE OF FEDERAL REGULATIONS, (REG. CC). UNDER REG.
CC, ITEMS SUCH AS CASHIER'S, CERTIFIED OR TELLER'S CHECKS MAY BE
AVAILABLE FOR DISBURSEMENT ON THE BUSINESS DAY FOLLOWING THE BUSINESS
DAY OF DEPOSIT; HOWEVER, OTHER FORMS OF DEPOSITS MAY CAUSE EXTENDED
DELAYS IN THE CLOSING OF THE ESCROW.
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA WILL NOT BE RESPONSIBLE
FOR ACCRUALS OF INTEREST RESULTING FROM COMPLIANCE WITH DISBURSEMENT
RESTRICTIONS MANDATED BY THIS LAW.
C. TAX FIGURES FOR
CODE AREA
PARCEL NO.
LAND
FIRST INSTALLMENT
SECOND INSTALLMENT
1185102
1989-90
09027 215-040-16
$40,575,600.00
$213,980.14, PAID
$213,980.14, PAID
PAGE 10
-. ·!OJ TICOR TITLi INSURANCE
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF SECTIONS 22 AND 27, 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, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 27, THENCE ALONG THE
NORTH LINE OF SAID SECTION 27 AND ALONG THE NORTH BOUNDARY LINE OF
RECORD OF SURVEY MAP NO. 10774, SAID MAP RECORDED OCTOBER 30, 1986 AS
FILE NO. 86-494180 AND ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, SOUTH 86°58 1 38" EAST, 306.13 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH BOUNDARY LINE THE
FOLLOWING: THENCE SOUTH 86°58 1 38" EAST, 1012.54 FEET; THENCE NORTH
01°49 1 19" WEST, 331.07 FEET; THENCE SOUTH 86°57'12" EAST, 660.56 FEET;
THENCE SOUTH 01°36'47" EAST, 330.69 FEET; THENCE SOUTH 00°06'50" WEST,
1340.75 FEET; THENCE LEAVING SAID NORTH BOUNDARY LINE SOUTH 00°06'50"
WEST, 134.75 FEET, TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF
ALGA ROAD AS DESCRIBED IN DEED RECORDED JUNE 29, 1989 AS FILE NO.
89-345765 OF OFFICIAL RECORDS SAID POINT ALSO BEING ON THE ARC OF A
1001.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTH, A RADIAL LINE TO SAID
POINT BEARS NORTH 29°00'32" EAST; THENCE WESTERLY ALONG SAID NORTHERLY
RIGHT OF WAY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 25°55'32" A DISTANCE OF 452.94 FEET; THENCE NORTH 86°55'00" WEST,
354.23 FEET, TO THE BEGINNING OF A TANGENT 799.00 FOOT RADIUS CURVE,
CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 73°11'40" A DISTANCE OF 1020.71 FEET;
THENCE NORTH 13°43'20" WEST, 338.79 FEET; THENCE NORTH 14°43'00" WEST,
355.88 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF POINSETTIA
LANE AS DESCRIBED IN DEED RECORDED JUNE 29, 1989 AS FILE NO. 89-345765
OF OFFICIAL RECORDS SAID POINT BEING THE BEGINNING OF A TANGENT 25.00
FOOT RADIUS CURVE, CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY
ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID POINSETTIA LANE AND THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87°30'00" A DISTANCE OF
38.18 FEET; THENCE NORTH 17°13 1 00" WEST, 51.00 FEET; THENCE SOUTH
72°47 1 00" WEST, 2.76 FEET; THENCE NORTH 17°13'00" WEST, 51.00 FEET;
THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE, NORTH 72°47'00" EAST,
40.55 FEET TO THE TRUE POINT OF BEGINNING.
1185102 PAGE 11
· fl!J TICOR TITLj INSURANCE e
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 B 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 ALTA INDORSEMENT FORM 1 COVERAGE
The Exclusions from Coverage of the AL TA 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, 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 (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.
1185102 PAGE 12
(continued on next page)
The Exclusions from Coverage of the CL TA 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 Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant
prior to the date the insured claimant became an insured under
this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been
sustained if the insured claimant had paid value for the insured
mortgage or 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 CLTA 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 occurreq 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
1185102 PAGE 13