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HomeMy WebLinkAboutMP 177F; AVIARA BUILDING HEIGHT; Master Plan (MP)/ C1Y OF CARLSBAD • ' LAND USE REVIEW APPLICATION FOR PAGE t OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT (FOR OE?7 USE ONLY) '..!SE 0!'-1.Y) lKI Master Plan Amend.men t I 77(r-::) □ General Plan Amendment -_, □ Specific Plan □ Local Coastal Plan Amendment □ Precise Development Plan □ Site Development Plan □ Tentarive Trace Map □ Zone Change □ Planned Development Permit D Conditional Use Permit □ Non-Residential Planned Development □ Hillside Development Permit □ Condom.iniwn Permit □ Environmental (mpact Assessment □ Special Use Permit □ Variance □ Redevelopment Permit □ Planned (ndustrial Permit □ Tentative Parcel Map □ Coastal Development Permit □ Administrative Variance □ Planning Commission Derermination □ Lise any ocher applications nor specificed 2) LOCATION OF PROJECT: ON THE I South I SIDE OF I Alga Road I (NORTH, SOUTH EAST, WESn (NAME OF STREEn BETWEEN ~1 Camino Real I AND I 1-5 I (NAME OF STREEn (NAME OF STREEn 3) BRlEF LEGAL DESCRlPTION: IPA 13-Lots 234-301 of Tract 85-35 and PA 28 Lot 7 of Ph~c;P.. TI 1'F>n1-~1-;-,r,=. M<1TI .. 4) ASSESSOR PARCEL NO(S). li!S-610-~1-42) 215-611-(1-29) and 216-111-08 an? 6-111-!j I I9 j 6) EXISTING GENERAL PtAN I same I : S) LOCAL F ACIUTIES ~ 7) PROPOSED GENERAL PLAN MANAGEMENT ZONE DESIGNATION N DESIGNATION , , 8) EXlSTING ZONING I PC j 9) PROPOSED ZONING ~ame I 10) GROSS SITE [111 I : -ACREAGE : EJ 13) n'PE OF SUBDMS!ON EJ : 11) ?ROPOSED NUMBER OF ~ 12) PROPOSED NUMBER RESIDENTIAL UNITS OF LOTS i 1 (R.ESID ENTIAL j COMMERCLAL I INDUSTIUAL) I 14) NUMBER OF EXISTING RESIDEN'TIAL UNITS I None I 1S) PROPOSED INDUSTRLAL I N71C j t6) PROPOSED COMMERCIAL I NT~ I ' i OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE Nara: A PROPOSED PROJECr REQUIRING niAT MlJL"L'lPUt .APPUCAltONS BE FILED MUSr BE StJBMrrTm PRIOR TO 3:30 P.K A PROPOSm PRaracT REQUIRING niAT' ONLY ONE APPUCA.nON Ba PDJ!D MUSI' BE SUBMlTIED PRIOR. TO 4:00 P.M. FRM00016 8190 - • cm OF CAALSBAD • , 1 ..., !..-\ND USE REV'lEW APPLICATION FORM W, P.-\GE 2 OF 2 : i---------------__;_ _ __,_...:.;_;:_;,-=-:..:~-==------__:_.::::'...::....:..:..:...:..; 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 18) PROPOSED SEWER t:SAGE IN EQt:IVALENT DWELLING t:NlTS 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 20) PROJECT NAME: Avjara IN/A ~IA 21) BRIEF DESCRIPTION OF PROJECT: Master Plan for re height measurement for PA 13 and p 22) IN THE PROCESS OF REV1EW!N S APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAfF. PlANNlN MISSIONERS, ES!G REV1EW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT ,\ND ENTER THE PRopc:cn""-'1-u T S THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE President/General Manager 23) OvVNER 24) APPLICANT ' NAME (PRJNT OR 1YPE) Aviara Land Associates Limited Partnership NAME (PRJNT OR TYPE) Aviara Limited Partnershi Land Associates: ! MAfLING ADDRESS 2011 Palomar Airport Road #206 CITY AND STATE ZIP TELEPHONE cm AND STATE ZIP Carlsbad, CA 92009 931-1190 Carlsbad, CA 92009 TELEPHONE 1 931-1190 I CERTIFY n<AT l AM 11-IE l..ECA!. OWNER ANO n,AT Ail TiiE ABOVE INFORMATION IS TRUE ANO CORR TO 11-IE BEST OF FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE {'1 p 1-1 N-uD ETA PFi::; TOTAL FEE RE.QUIRED DATE FEE PAID FEE RE.QUIRED · I S-80-00 "LIO·Oe:> '-(<J. 00 3-3-rz.. I CERTIFY n<AT I AM n!E !.!CAL OWNER's REPRESE.'IT,._TIV! ... 'ID INFORMATION IS TRUE A.'10 CORRECT ro THE E. DATE RECEIVED MARO 3 1992 CITY OP CAftUllA:D HING DIP1\ DATE STAMP APPUCATION RECEIVED RECEIVED BY: RECEIPT NO. / / <../ C, • PA 13 Master Plan Amend. City of --Carlsbad ..... ;J 6\ ,j ,\i, t-1 •24-Bi,; 11 t4 ,t I D[SCLOSUR.E STAr::.MENT APPUC.:.Ni"S SiAT""cMENT OF OISCLOSURE OF C~AIN OWNEFISHIP IN"l'i;r!ESTS ON AU.. APPLICATIONS WHICH Will. ;:;EOUIAE CtSC~ETlONA..::IY ACTION ON T'riE PAFrr OF Trie CITY COUNClL OR ANY APPOINTED SOARO, COMMISSION OR COMMC'i"oc;E. (Please Print) The following information must be disclosed: MAR O 3 1992 CITY 0~ CAfh..:.tf'.tf:--.~ PLAWtH~lG OEf'i'! • 1. Aoollcant List the names and addresses of all persons having a financial interest in the application. Aviara Land Associates Limited Partners_h_i.p _____________ _ 2011 Palomar Airport Rd. Suite 206 Carlsbad, CA 92009 2. Owner Ust the names and addresses of all persons having any ownership interest in the property involved. Ayiara J.and Campany, a Delaware cor;poratfon · 450 Newport Center Drive Rep11bJic DeveJoproent Ca a California corporation 180 N. Riverview Drive Suite 304 Suite 130 Newport Beach, CA 92660 Anaheim, CA 92808 3. If any person identified pursuant to (1) or (2) ab.eve is a corporation or partnership, list the. names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. . Henry Hillman 450 Newport Center Drive Suite 304 Newport Beach, CA 92660 4. If any person identified pursuant to (1) or (2) above is a non-profit organization o,r a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. • Oiscicsure Statement • (Over) Page :Z 5. Hav~ you · had mora than 5250 wor-Ji of business transacted with any member of Citf staff, Scare: Commissions, Committees and Couno1 within the past t.Yelve months? Yes _Ne_,!_ ft yes, pleas& indicate person(s) ____________ , ________ _ .• ~ ' ' . ._' ', ';. •' ~ ' .. ~ . . . {NOTE: Atiac.i.i ·adcfltlcna.f:pages as necessary.) Aviara Land Associates Limited Partnership, a Delaware limited partnership BY: o pany, a Delaware en ral Partner By:...,,.,.. ..... _,;;;,;.,--i__,~"'""'"""----ice President Aviara Land Associates Lirr:tited Partnership, a Delaware limited partnership B · · y, a Delaware 1 Partner By: _jd-_Llfo~ant Secretary By: ...... ~~.L::.:.~:-zz:.j1-~-s-s+1-s-t-ant Sec. S1gnat~ Owner/ uate 11te BY: Republic ent Co., a · · ion, -tieJ~LL. Signature oF resident By: __..Q_4___,/__..__.~.......,.___ __ Signature or Owner/Date By: Republic Development Co., a California co oration, By: Signature of Applicant/Date resident Ted I., Hooyer/Assjstant Secretary Print or Type Name of Owner Ted L, Hoover/Assistant Sec. Print or Type Name of Applicant ' I • CASE NO. IYl!l,f7(p) DATE: '3/ I "Z.--1 l ENVIRONMENTAL IMPACT ASSESSMENT FORM -PART I (To be Completed· by APPLICANT) Applicant: __ /l,_lf_l_lr/l.A __ L-"---M_,__D;;;._..;...A_)_;_f....;;...ot"--'.=---;/--L....;.TD_._B;_'1-1'2.,__TM--=--,r,..,~lf-~1:..._P ___ _ Address of Applicant: "1.--ol I PA1...c,MA">( /h(l.,,/Jdf'I../T /2..tJ -St11Tt "UJb ltnu..s I} /Jr() CA-, t; u D ' Name, address and ·phone number of person to be con,tacted (if other than Applicant): p4111... J?L//J<ltJ: l;t',1✓€ APPMS.f { P*N~ GENERAL INFORMATION: (Please be specific) Project Description: tJo,n-1,J Cl,4/'I eA! rf-8v11,D/Nu #£16ft( CAt,L.,UW,1]11tJ Fc121\,WL..A -ro M_t{)Pt,1/IT cf !4oft./Ne vJ11}ft.JJ Project Location/ Address: ft\/1 lrt'lA /)tuv/r,I, ,tn'D l!>1rn4 J 117.r DJt,,Jf', Assessor Parcel Number: --------- Gener al Pl an/Zone of Subject Property: R.LM/1J111,4f11,/11s I f-t!. Local Facilities Management Zone:_/.....;:?....._ ____________ _ Is the site within Carlsbad's Coastal Zone? ~E'S' ------------ Please describe the area surrounding the site to the North: ,et-64 /Zolr!) East: A,ll~ 6-4//1-ullll.S-6 · South: 8Mlf J ,16..J U6lJ(JI+/ West: /Jy,hfl.A l'vt,i1itlvJ(, ~ la List all other applicable permits & approvals related to this project: tnP, (71 2 e (Please be Specific. Attach Additional Pages or Exhibits, if necessary) I. 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. /f) ff', /'3 -UJ1J 'fi.lrlJt?'O i .t'fi',t~11 ,Jfivf "fttfJ IN$(~ 1>) fl, 1,8 -~J &MO(IG '" ftzDUS! 2. Please describe energy conservation measures incorporated into the design and/or operation of the project. 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). J/('tt ,,,; • LA" • ·,. A-) PA IS -{,J 1f () tsrr:rr~-) ~ 00, .S Ot)(l Jf/. rt• J ,n-,u., v~J b86tJ A-Pf'. !J), p1, 7,8 -'' J~ ff{1r'ttr / J5tJ~.,.J~6fJD ,,.,. fl!-r.1 ~I. ti O hi, b. If a commercial project, indicate ·the exact type, activity(ies), square footage of sales area, average daily traffic generation (latest SANDAG rates), parking provided, and loading facilities. c. If an industrial project, indicate the exact type or industry(ies), average daily traffic generation (latest SANOAG rates), estimated employment per shift, time of shifts, and loading facilities. d. If an institutional project, indicate the major project/site fun ct ion, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 3 I. 1) 2) ENVIRONMENTAL 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. Could the project significantly impact or change present or future land uses in the vicinity of the activity? EXPLANATION: f(/-f)P1S(Y) I.Mt//) vft'.J A'/L4 A-u-1'#~ ft'Yl-. /IA P--I 1 J Could the activity affect the use of a recreational area, or area of aesthetic value? EXPLANATION: f P-op I JfY) ~Nl>~.,Y1" k(-M~13 tS\/1W'Jttvl-Hf1Glt1'l 4M£'f. No YES X 3) Could the activity affect the functioning of an established community or neighborhood? EXPLANATION: No /rFFfvf 1#1 ,+II ~srA-<J1.,uflr(J @MM viii t'f17 .. 4) Could the activity result in the displacement of community residents? EXPLANATION: N6 H'S 10(/\)1' 01JPL~~~"'4 I/J6u c,;t> U.J IJ tr ~ 1>Jf. ffl' ,r( 4 ' . 5) 6) Could the activity increase the number of low and moderate cost houiing units in the city? EXPLANATION: ,h trffY'-f IN llf':6trt.aMJtl ,+,,vs,~". Could the activity significantly affect existing housing or create a demand for additional housing? EX PLANA TI ON: f M>/J IJJ /;t-vi D v ,_,., /+I tJ1 M1¥ cf f>'(. 5-rel G-ffl,JJ tltf tr .. 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? 8) Could the activity significantly affect an historical or archaeological site or its settings? 9) EXPLANATIOH: A:u. ~l(..O(!{C,tf., Jl""J li+P6L£ s6"e 1tJ M,11, M rD " Could the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? EXPLANATION: fl/ f> ~c.tr 11.J Al~ ~ s ~ t) fUfS , 5 YES NO X X 10) Could the activity significantly affect fish, wildlife or plant resources? EXPLANATION: N & I> tJ P-u l'f t b,J To tJ M'UM1.- /((l,fM w (U.. 6€ t,fffcreo · 11) Are there any rare or endangered plant or animal species in the activity area? EXPLANATION: /r(ll€1J lrff-fe{F() />'f /t1,t,51l)t. PIAN hfl#tN{)flv€1'11 #ltS fb!t,J 'Pfl,f(lovt '--'t t,fltrl)e(). /Jr; H(lf fl?-rfNDlrN6t:IUfQ JP(!tA€{ /fff-8 or rflJ. 12) Could the activity change existing features of any of the city's stream, lagoons, bays, tidelands or beaches? EXPLANATION: NO DtJ,Wf-rJ1tJ Tc l-1{6octJJ ~ > Be/ttHf.s. ere. r/Jtu.., ~Jfl~'f 11Ufl. PtY 13) Could the activity result in the erosion or elimin- ation of agricultural lands? EXPLANATION: But LOI"'" If£ 16ttf c.~u:t){../t 7) tW Db €.f N()r +fff:cr A-€f21tA) t..-1 vtle l~NO/. 14) Could the activity serve to encourage development of presently undeveloped areas or intensify develop- ment of already developed areas? EXPLANATION: No tMPltC{ ~tJ /;fV«fUJPl'V1£,Jf ,v~rz.. 7Wt!r 1riM1r07 flfP@Jeo IA/LY..· 6 YES NO X X X )( IS) 16) Will the activity require a variance from estab- lished environmental standards (air, water, noise, etc.)? · EXPLANATION: /Vl) VMIA:1J~J (Z§QtJl(l.£0. Is the activity carried out as part of a larger project or series of projects? EXPLANATION : /Vll[S'[fn P,trN lrM N l) nv€ ,JI TtJ w-e Av,~ /VII}$~ P/AAI (1Ylf--t77) 17) Will the activity require certification, authoriza- tion or issuance of a permit by any local, state or federal environmental control agency? EXPLANATION: 6u,u;1,J6' f€fl,Mt rs f(U'lvl 1)H; wry rf: C/Yf2,,t,,S~Pr{) IA/(1.,<, f,Jc ICEt;.Jll'Z,(f() f f2.--U& -n P €. 'I &t M ,l'J. _ 18) Will the activity require issuance of a variance or conditional use permit by the City? EXPLANATION: /VI> ,//rP.,tA>Jc.2. llL. Cl>tr011"1a,i~ Use-ffll-M,,r.s R..f"t:pv,µr; .. 19) Will the activity involve the application, use, or disposal of potentially hazardous materials? EXPLANATION: MD Hfr/.AP.Pdu..! rvM:1'f1?:(kt--,S • /NVO vvtf.l). 7 X X X )( 20) ill Will the·activity involve construction of facilities in a flood plain? EXPLANATION: ft,Mftl,Nb /Hl£lrJ /3 ,4,-,11> 2--1 ,Jof t.,l)c.~11:J) "1/1}t/N ~tJDPl.1:;-IN · 21) Will the activity involve construction of facilities in the area of an active fault? EXPLANATION: t..Jo flf(.}/.;,JJ ,o~"'fi~ro 1tl 1).1£" llf2,€~ 22) Could the activity result in the generation of significant amounts of dust? EXPLANATION: &ft uJf,JC,, eel6t/f ~Vt/f1]~,v DtJ6J t/i>r lrff(ct ousr. 23) Will the activity involve the burning of brush, trees, or other materials? EXPLANATION : A:ee(ortQ, lift€ 11 I .S 6f?AOff"O • No BclttM 1rJ<t Pf'J.-of4St'O. 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, ground water, off-shore.) EXPLANATION: No effftrJ&t '"' hrfJ.. df'. WMc4 t;r.Jpu17 uh t.,,(.. MS CfL,;t. 8 X X x .• 25) Will th~ project substantially increase fuel c~nsumption (electricity, oil, natural gas, etc.)? EXPLANATION: f(l-(if~(.I( t/"'IC..,'-f{<Jf ltfft{O( f,)tf-t, CON.J'tl,.,,.,,py, o,.J, 26) Will the activity involve construction of facilities on a slope of 25 percent or greater? EXPLANATION: /rff,flfl£(2 Jr(J£'~ t+t{F 66!.J p(l€1/,ol/j '1 6~£12 • 27) Will there be a significant change to existing 1 and form? 28) {a) Indicate estimited grading to be done in cubic yards: /IJ LA . · {b) Percentage }~f /alteration to the present land form: t!__IJ . (c) Maximum hejg t of cut or fill slopes: · ti IIJ . ( EXPLANATION: PfYN:fc:( /r./1/avJ t!S 6tllL4)(,/V ttf:t ftH i Clr¼)LA no rv.S N'I 1..41 , Will the activity result in substantial increases in the use of utilities, sewers, drains or streets? EXPLANATION: A::L,£... ttvFII..A SfP1/q(f1Af 1-M-:J 8~ trJ Sf" ktA&Y2 Pfil_ o f?t t; 1,.14-'t. 9 YES x X 29) Will the project significantly increase wind or water erosion of soils? EXPLANATION: /(~ ·/tfFl!cf 6M vJ/NI) ~ vJPr'fY'IJ-f?UJlotv Wlvt.,, UJ'\/~, .. 30) Could the project significantly affect existing fish or wildlife ~abitat? EXPLANATION: fc.,A-,-Jt/11'1(,, A/2l,9 /3 dl 2,/ IJ1ff t/d-( ~Cfi f]SH Pl'<-vJ11.,f)1.,1,fl 31) Will the project significantly produce new light or glare? EXPLANATION: f~~C,: Po£J t1r1 ltftrif vt6M ,r... G"48E ◄ YES NO X X ., II. STATEMENT OF NON-S[GN[F[CANT ENVIRONMENTAL EFFECTS If you have answered yes to any of the questions in Section I but think the act!vity will have no significant environmental effects, indicate your reasons below: · 1',) 'T ;tt f tu PtM)(} f P-o~C( ,; SN 1fW,€1V !)tw61'/r n 1ltf; Av, JrM JV\'1.S ~ f 1..~ • n) PJui .. 01r1c, Nfl-f/11 n ~ di-ll{(Wfbtr.{) vi I U... tf fl€q&) ,ff'() ft/-i)M 1Jn ffl,1 o fl.. ~ Pi-v Ell)()M.!lA/1" ~ III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I (If additional space is needed for answering any questions, attach additional sheets as needed.) ··signat~;~ · (PersCpletingRepo rt) f ~1,. <f, 41JKM Date Signed '!)-J. $ /~ ,__ Instruct.eia LBS: 1 h 11 'I • • PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: __.A;J,.lvL.ai!..loa,....r....,a.__ __________________ _ APPLICANT NAME: Aviara Land Associates Limited Partnership Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. Revising Master Plan for recalculating height measurement for PA 13 and PA 28. ProjO~~c.lrrn t " November 15, 1991 STEWAR~Ti TITLE COMPANY OF SAN DIEGO 7676 ZARD CENTER DRIVE 7TH FLOOR S DIEGO, CALIFORNIA 92108 (619) 692-1600 · NINTH Superseding PRELIMINARY REPORT HILLMAN PROPERTIES WEST, INC. 2011 PALOMAR AIRPORT RD., 1206 CARLSBAD, CA 92009 YOUR NO. OUR NO. LOAN REF: AVIARA PHASE 2 101274-10 ATTENTION: DONNA TESTA IN RESPONSE TO THE ABOVE. REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, STEWART TITLE COMPANY OF SAN DIEGO 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 BY STEWART TITLE GUARANTY COMPANY, DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. 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 AS OF NOVEMBER 13, 1991 AT 7:30 A.M. ~0 LORETTA am TITLE OFFICER NOTE: EFFECTIVE WEDNESDAY, OCTOBER 24,_ 1990, _ OUR WIRING INSTRUCTIONS WILL BE AS FOLLOWS: 1. GROSSMONT BANK 667 SAN RODOLFO DRIVE SOLANA BEACH, CA. 92075 2. ABA #122232109 3. FOR CREDIT ro· STEWART TITLE ACCOUNT ACCOUNT# 11002412-01 4. REFERENCE: TITLE OFFICER AND/OR TITLE #. 101274~ THE FORM OF THE POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY ( ) 2·. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B ( ) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY ( ) 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY ( ) SCHEDULE A 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP 101274~ LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN rs SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: 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 a.• 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•0011 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 11 ; 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 lU,ONG_THE WESTERLY BOUNDARY THEREOF SOUTH 47•10 1 50" WEST 350.89 FEET; THENCE SOUTH 40.43'12" WEST 605.23 FEET; THENCE SOUTH 17•45•00 11 EAST 846.44 FEET; THENCE SOUTH 16.45'00" WEST 112.44 FEET; THENCE SOUTH 12•5a•oo11 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 SETTtEMENT 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 85.00'00" WEST 71.00 FEET; THENCE SOUTH 25•30•0011 WEST 223.00 FEET; THENCE SOUTH 10•45•0011 EAST 53.00 FEET; THENCE SOUTH 33•30•0011 WEST 146.00 FEET; THENCE SOUTH 55•30•0011 WEST 52.00 FEET; THENCE SOUTH 77°30'00" WEST 358.00 FEET; THENCE SOUTH 55°10'00" WEST 167.00 FEET; THENCE SOUTH 75°58'00" WEST -1- 101274-10 42.00 FEET; THENCE NORTH 83"56'00" WEST 117.00 FEET; THENCE NORTH 73"50'00" WEST 99.00 FEET; THENCE NORTH 79•50•00 11 WEST 147.00 FEET; THENCE NORTH 74"10'00" WEST 190.00 FEET; THENCE NORTH 68.56'0211 WEST 346.00 FEET; THENCE NORTH 73"16'26" WEST 174.03 FEET; THENCE NORTH 84"00'00" WEST 124.00 FEET; THENCE SOUTH 78·00 1 00 11 WEST 447.00 FEET; THENCE NORTH 83"00'00" WEST 123.73 FEET; THENCE NORTH 32"17'46" WEST 561.76 FEET; THENCE NORTH 69"15'09 11 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"43'34" 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•34 11 WEST 788.20 FEET; THENCE NORTH 0•31 1 09 11 EAST 1357.67 FEET; THENCE SOUTH 89"08'2111 EAST 1358.22 FEET; THENCE NORTH. 23"17'49 11 EAST 157.02 FEET; THENCE SOUTH -83.48 1 32 11 EAST 182.90 FEET; THENCE NORTH 63"48'2411 EAST 118.59 FEET; THENCE NORTH 46.13'59 11 EAST 66.87 FEET; THENCE NORTH 21"18'51 11 EAST 78.99 FEET; THENCE NORTH 14.41'04 11 WEST 271.89 FEET; THENCE NORTH 26 • 24' 56~' WEST 112. 98 FEET; THENCE NORTH 44•10 1 38 11 WEST 189.09 FEET; THENCE NORTH 36.53'26" WEST 81.01 FEET; THENCE NORTH 17"21'5411 WEST 96.54 FEET; THENCE NORTH 7"59'3311 WEST 108.38 FEET; THENCE NORTH 3"53'04" EAST 180.75 FEET; THENCE NORTH 35•32•0111 WEST 142.05 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 28; THENCE CONTINUING ALONG SAID BOUNDARY LINE NORTH 0"34'09" EAST 2485.34 FEET TO THE POINT OF BEGINNING. -2- SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: l. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $66,855.28 OPEN SECOND INSTALLMENT: $66,855.28 OPEN LAND: $10,404,000.00 CODE AREA: 09027 PARCEL NO. 215-040-23 lA. SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1990-91 ASSUMED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA; CODE AREA PARCEL NO. FIRST INSTALLMENT SECOND INSTALLMENT 09027 900-000-15 $46,695.92 $46,695.92 OPEN OPEN 1B. SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1990-91 ASSUMED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA; CODE AREA PARCEL NO. FIRST INSTALLMENT ·SECOND INSTALLMENT 09027 900-000-16 $46,695.92 $46,695.92 OPEN OPEN lC. SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1990-91 ASSUMED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA; CODE AREA PARCEL NO. FIRST INSTALLMENT SECOND INSTALLMENT 09027 900-000-17 $33,198.93 OPEN $33,198. 93 ... 0PEN 1D. SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1990-91 ASSUMED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA; -1- 101274~ CODE AREA PARCEL NO. FIRST INSTALLMENT SECOND INSTALLMENT SCHEDULE B CONTINUED 09027 900-000-18 $33,198.94 OPEN $33,198.94 OPEN lE. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $46,206.23 OPEN SECOND INSTALLMENT: $46,206.23 OPEN LAND : $ 3 , 121 , 2 0 0 • 0 0 CODE AREA: 09133 PARCEL NO. 216-111-08 lF. SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1990-91 ASSUMED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA; CODE AREA PARCEL NO. FIRST INSTALLMENT SECOND INSTALLMENT 09133 900-000-28 $25,995.66 $25,995.66 OPEN OPEN lG. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $50,981.37 OPEN SECOND INSTALLMENT: $50,981.37 OPEN LAND : $ 2 , 0 8 0 , 0 0 0 • 0 0 CODE AREA: 09132 PARCEL NO. 216-111-09 lH. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: $54,354.67 OPEN SECOND INSTALLMENT: $54,354.67 OPEN LAND: $2,653,020.00 CODE AREA: 09133 PARCEL NO. 214-170-51 lI. SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1990-91 ASSUMED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA; CODE AREA PARCEL NO. FIRST INSTALLMENT SECOND INSTALLMENT 09133 900-000-12 $46,214.51 $46,214.51 OPEN OPEN .. lJ. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: I $55,583.44 OPEN -2- 101274-..0 .. SECOND INSTALLMENT: LAND: CODE AREA: PARCEL NO. SCHEDULE B CONTINUED $55,583.44 OPEN $2,387,718.00 09132 216-150-18 101274-.0 IK. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 2. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SUCH MATTERS ARE SHOWN BY THE PUBLIC RECORDS. 3. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CARLSBAD MUNICIPAL WATER DISTRICT FOR: PIPE LINE RECORDED: DECEMBER 4, 1959 IN BOOK 8027, PAGE 83 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 4. AN EASEMENT AFFECTING SAID LAND 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 AS FILE NO. 76-071622 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN S. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE l FOR: AN ENCLOSED OR Uij~NCLOSED FLOOD DRAINAGE CHANNEL RECORDED: NOVEMBER 22, 1976 AS FILE NO. 76-391112 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 6. AN EASEMENT AFFECTING SAID LAND 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,. HANDHOLES . AND JUNCTION BOXES WITH WIRES AND CABLES PLACED THEREIN AND ABOVEGROUND STRUCTURES CONSISTING OF PADS, TRANSFORMERS, AND OTHER ABOVEGROUND STRUCTURES, TOGETHER WITH THE -3- SCHEDULE B CONTINUED 101274-to RECORDED: RIGHT OF INGRESS THERETO AND EGRESS THEREFROM MAY 10, 1977 AS FILE NO. 77-177430 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 7. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE DISTRICT NO. l" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY OF CARLSBAD, A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 19, 1986 AS FILE NO. 86-356638 OF OFFICIAL RECORDS. 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. 8. 'AN AGREEMENT TO WHICH REFERENCE rs HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: 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 DELAWARE LIMITED PARTNERSHIP TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE TRAIL) JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS 9. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: STATE OF CALIFORNIA ACTING BY AND THROUGH THE STATE LANDS COMMISSION FOR: PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE TRAIL) RECORDED: JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS AFFECTS: AS SET FORTH THEREIN 10. A DEED OF TRUST TO SECURE AN INDEBTEDNESS Of THE AMOUNT STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF DATED AMOUNT TRUSTOR TRUSTEE DECEMBER 20, 1988 $125,000,000.00. AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION -4- BENEFICIARY RECORDED SCHEDULE B CONTINUED FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION DECEMBER 23, 1988 AS FILE NO. 88-661636 OF OFFICIAL RECORDS SAID MATTER AFFECTS THIS AND OTHER PROPERTY. AN ASSIGNMENT OF RENTS, AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, _WHICH ASSIGNMENT WAS EXECUTED BY TO RECORDED AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION DECEMBER 23, 1988 AS FILE NO. 88-661637 OF OFFICIAL RECORDS A FINANCING STATEMENT GIVEN AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY THE. DEED OF TRUST SHOWN IN ITEM NO. 24 101274-MO DEBTOR AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP SECURED PARTY FIRST INTERSTATE BANK OF CALIFORNIA, A CORPORATION FILED DECEMBER 23, 1988 AS FILE NO. 88-661638 OF OFFICIAL RECORDS IN THE OFFICE OF SAN DIEGO COUNTY SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED SUBORDINATED TO RECORDED APRIL 14, 1989 AS FILE NO. of Official Records DEED RESTRICTION (TRAIL) APRIL 14, 1989 AS FILE NO. of Official Records 89-196179 89-196178 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED SUBORDINATED TO RECORDED APRIL 14, 1989 AS FILE NO. 89-196181 OF OFFICIAL RECORDS IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS APRIL l.4.,. 1989 AS FILE .. NO~ .89~196180. OF OFFICIAL RECORDS SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN -5- INSTRUMENT RECORDED SUBORDINATED TO RECORDED SCHEDULE B CONTINUED JUNE 29, 1989 AS FILE NO. 89-345756 OF OFFICIAL RECORDS EASEMENT JUNE 29, 1989 AS FILE NO. 89-345755 OF OFFICIAL RECORDS SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED SUBORDINATED TO RECORDED JUNE 29, 1989 AS FILE NO. 89-345758 OF OFFICIAL RECORDS EASEMENT JUNE 29, 1989 AS FILE NO. 89-345757 OF OFFICIAL RECORDS SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED SUBORDINATED TO RECORDED JUNE 2.9, 1989 AS FILE NO. OF OFFICIAL RECORDS EASEMENT JUNE 29, 1989 AS FILE NO. OF OFFICIAL RECORDS 89-345766 89-345765 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED SUBORDINATED TO RECORDED · JULY 24, 1989 AS FILE NO. 89-388407 OF OFFICIAL RECORDS MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS JULY 5, 1989 AS FILE NO. 89-354659 OF OFFICIAL RECORDS SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED SUBORDINATED TO RECORDED JUNE 1, 1990 AS FILE NO. 90-298174 OF OFFICIAL RECORDS EASEMENT AND COVENANT REGARDING CATV SERVICE JUNE 1, 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED: JULY 3, 1991 AS FILE NO. 1991-0327680 -6- 101274-..0 SUBORDINATED TO: RECORDED: SCHEDULE B CONTINUED OF OFFICIAL RECORDS DEED RESTRICTION JULY 3, 1991 AS FILE NO. 1991-0327678 OF OFFICIAL RECORDS SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED: SUBORDINATED TO: RECORDED: JULY 10, 1991 AS FILE OF OFFICIAL RECORDS EASEMENT JULY 10, 1991 AS FILE OF OFFICIAL RECORDS NO. 1991-0337970 NO. 1991-0337970 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN 101274-~ INSTRUMENT RECORDED: I SEPTEMBER 25, 1991 AS OF OFFICIAL RECORDS DEED RESTRICTION SEPTEMBER 25, 1991 AS OF OFFICIAL RECORDS FILE NO. 1991-493747 SUBORDINATED TO:I RECORDED: I FILE NO. 1991-493746 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED: I SUBORDINATED TO:I RECORDED: I DECEMBER 5, 1991 AS OF OFFICIAL RECORDS DEED RESTRICTION DECEMBER 5, 1991 AS OF OFFICIAL RECORDS FILE NO. 1991-626217 FILE NO. 1991-626216 11. 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 AS FILE NO. 89-130025 OF OFFICIAL RECORDS AND AS AMENDED MAY 8, 1989 AS FILE NO. 89-242769 OF OFFICIAL RECORDS. NOTE OF SPECIAL TAX LIEN RECORDED--JULY-28,. 1989 AS-FILE NO •. 89-400726 AND OCTOBER 5, 1989 AS FILE NO. 89-540361, BOTH OF OFFICIAL RECORDS. 12. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL -7- t s PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: SCHEDULE B CONTINUED MARCH 22, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND THE CALIFORNIA COASTAL COMMISSION DEED RESTRICTION (OPEN SPACE) APRIL 14, 1989 AS FILE NO. 89-196176 OF OFFICIAL RECORDS A PORTION OF SAID LAND HAS BEEN RELEASED BY VIRTUE OF DOCUMENT RECORDED JULY 3, 1991 AS FILE NO. 91-0327679 OF OFFICIAL RECORDS. 13. AN INSTRUMENT ENTITLED DEED RESTRICTION (TRAIL) BY AND BETWEEN AVIARA LA~D ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND CALIFORNIA COASTAL COMMISSION, WHICH AMONG OTHER THINGS, SET OUT GUIDELINES FOR LANDSCAPING, PUBLIC ACCESS, GRADING, FUTURE DEVELOPMENT AND PRESERVATION OF STEEP SLOPES. SAID INSTRUMENT RECORDED APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL RECORDS •. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 101274-MO 14. AN INSTRUMENT ENTITLED IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS DATED MARCH 13, 1989 BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND RECORDED APRIL 14, 1989 AS FILE NO. 89-196180 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 15. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: MARCH 31, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD PAYMENT OF A PUBLIC FACILITIES FEE JUNE 5~ 1989 AS FILE NO. 89-296176 OF OFFICIAL RECORDS 16. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CITY OF CARLSBAD FOR: DRAINAGE RECORDED: JUNE 29, 1989 AS FILE NO. 89-345755 OF OFFICIAL .. RECORDS ... AFFECTS: AS DESCRIBED IN SAID DOCUMENT 17. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES -8- IN FAVOR OF: FOR: RECORDED: AFFECTS: SCHEDULE B CONTINUED CITY OF CARLSBAD GENERAL UTILITY AND ACCESS JUNE 29, 1989 AS FILE NO. 89-345757 OF OFFICIAL RECORDS AS DESCRIBED IN SAID DOCUMENT 18. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CITY OF CARLSBAD FOR: PUBLIC STREET PURPOSES, DRAINAGE PURPOSES AND FOR SIDEWALK PURPOSES RECORDED: JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 19. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: JUNE 28, 1989 · AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD BASIN MAINTENANCE JUNE 29, 1989 AS FILE NO. 89-345770 OF OFFICIAL RECORDS 20. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT 101274-111 RECORDED SEPT~BER 16, 1991 AS FILE NO. 1991-475307 OF OFFICIAL RECORDS. RESTRICTIONS, IF ANY BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. WHICH PROVIDE 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 ABOVE-MENTIONED COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT THE ASSESSMENT LIENS PROVIDED FOR THEREIN SHALL BE SUBORDINATED TO THE LIEN OF ANY FIRST MORTGAGE UPON ANY CONDOMINIUM. BY A DECLARATION OF ANNEXATION RECORDED JUNE 7, 1991 AS FILE NO. 1991-0273692 OF OFFICIAL RECORDS, THE HEREIN DESCRIBED PROPERTY WAS ANNEXED TO SAID COVENANTS, CONDITIONS AND RESTRICTIONS. 21. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: 'SAN DIEGO GAS & ELECTRIC COMPANY . FOR: UNDERGROUND FACILITIES AND APPURTENANCES -9- • • SCHEDULE B CONTINUED 101274-}.0 FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, AND COMMUNICATION FACILITIES, AND APPURTENANCES RECORDED: FEBRUARY 20, 1990 AS FILE NO. 90-090371 OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 22. AN AGREEMENT TO WHICH REFERENCE IS PARTICULARS HEREBY MADE FOR FULL DATED: BY AND BETWEEN: REGARDING: RECORDED: APRIL 17, 1990 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND DANIELS CABLEVISION, INC., A DELAWARE CORPORATION EASEMENT AND COVENANT REGARDING CATV SERVICE JUNE 1, 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS 23. A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND DISTRICT: NO. 1, CITY OF CARLSBAD DISCLOSED BY: ASSESSMENT DISTRICT BOUNDARY MAP RECORDED: DECEMBER 19, 1990 AS FILE NO. 90-674118 OF OFFICIAL RECORDS NOTICE OF SPECIAL TAX LIEN RECORDED MAY 20, 1991 AS FILE NO. 1991-0236959 OF OFFICIAL RECORDS. 24. AN INSTRUMENT ENTITLED DEED RESTRICTION BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND CALIFORNIA COASTAL COMMISSION DATED MAY 29, 1991 AND RECORDED JULY 3, 1991 AS FILE NO. 1991-0327678 OF OFFICIAL RECORDS. 25. AN AGREEMENT PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: TO WHICH REFERENCE IS HEREBY MADE FOR FULL JUNE 18, 1991 CITY OF CARLSBAD AND AVIARA LAND ASSOCIATES HOLD HARMLESS AGREEMENT DRAINAGE JULY 10, 1991 AS FILE NO. 1991-0337923 OF OFFICIAL RECORDS 26. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND ... INCIDEN-TAL--PORPOSES .. -· IN FAVOR OF: CITY OF CARLSBAD, A MUNICIPAL CORPORATION FOR: ACCESS ROAD, SLOPE AND DRAINAGE STRUCTURES PURPOSES RECORDED: JULY 10, 1991 AS FILE NO. 1991-0337970 -10- . . • • SCHEDULE B CONTINUED 101274-];0 AFFECTS: IOF OFFICIAL RECORDS A PORTION OF SAID LAND 27. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: JULY 26, 1991 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, AND THE CITY OF CARLSBAD AGREEMENT TO PAY DRAINAGE FEES AUGUST 7, 1991 AS FILE NO. 1991-0397112 OF OFFICIAL RECORDS 28. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FU4L PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: JULY 23, 1991 ODMARK & THELAN AND THE DAV~DSON COMPANIES, PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP, AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP MEMORANDUM OF AGREEMENT SEPTEMBER 4, 1991 AS FILE NO. 1991-0453555 OF OFFICIAL RECORDS 29. AN INSTRUMENT ENTITLED DEED RESTRICTION (TRAILHEAD PARKING) BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, AVIARA MASTER ASSOCIATION, A CALIFORNIA NON-PROFIT MUTUAL BENEFIT CORPORATION AND CALIFORNIA COASTAL COMMISSION AND RECORDED SEPTEMBER 25, 1991 AS FILE NO. 1991-493746 OF OFFICIAL RECORDS. 30. AN INSTRUMENT ENTITLED DEED RESTRICTION BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND CALIFORNIA COASTAL COMMISSION DATED NOVEMBER 15, 1991 AND RECORDED DECEMBER 5, 1991 AS FILE NO. 1991-626216 OF OFFICIAL RECORDS. -11- July 25, 1991 AVIARA • STEWART TITLE COMPANY OF SAN DIEGO 7676 HAZARD CENTER DRIVE 7TH FLOOR SAN DIEGO, CALIFORNIA 92108 (619) 692-1600 Third Superseding PRELIMINARY REPORT 2011 PALOMAR AIRPORT RD. 1206 CARLSBAD, CALIFORNIA 92009 YOUR NO. OUR NO. LOAN REF: (PLANNING AREA NO. 13) 101897-6 AVIARA LAND ATTENTION: PAMELA L. HAMES r? IN RESPONSE TO THE ABOVE REFEREZo APPLICATION FOR A POLICY OF TITLE INSURANCE, STEWART TITLE fc:'oMPANY OF SAN DIEGO . 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 BY STEWART TITLE GUARANTY COMPANY, DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. 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 AS OF JULY 23, 1991 AT 7:30 A.M. 0AL~tUJpiz__-/_/ --~s'="'a'=E,,::;,L,..c::L:::,.Y,_;::;..-A~""""ES""'E~'r-m----r---~'-'- TITLE OF CER I ' NOTE: EFFECTIVE WEDNESDAY, OCTOBER 24, 1990, OUR WIRING INSTRUCTIONS WILL BE AS FOLLOWS: 1. GROSSMONT BANK 667 SAN RODOLFO DRIVE SOLANA BEACH, CA. 92075 2. ABA #122232109 3. FOR CREDIT TO STEWART TITLE ACCOUNT ACCOUNT# 11002412-01 4. REFERENCE: TITLE OFFICER AND/OR TITLE #. I I 101897-6 THE FORM OF THE POLICY OF· TITLE INSURANCE CONTEMPLATED BY THIS REPORT 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY ) 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B ( ) 3. AMERICAN LAND TITLE ASS'OCIATION RESIDENTIAL TITLE INSURANCE POLICY 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY ) SCHEDULE A 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP I ' . 101897-6 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: LOTS 234 THROUGH 301 INCLUSIVE OF CITY OF CARLSBAD TRACT 85-35, PHASE 1-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. TOGETHER WITH THE PARCELS 1, 3 & 4 OF PARCEL MAP NO. 16451, IN THE CITY OF CARLSBAo,·coUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 15, 1991 AS FILE NO. 1991-168677 OF OFFICIAL RECORDS. I •l SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1991-92, A LIEN NOT YET PAYABLE. 101897-6 lA. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 2. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE DISTRICT NO. l" 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 3. A DEED OF STATED HEREIN THEREOF DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS 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 AS FILE NO. 88-661636 OF OFFICIAL RECORDS SAID MATTER AFFECTS THIS AND OTHER PROPERTY. SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED { / !APRIL 14, 1989 AS FILE NO. 89-196179 OF OFFICIAL RECORDS -1- ' ' SUBORDINATED TO RECORDED SCHEDULE B CONTINUED DEED RESTRICTIONS (TRAIL) APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL RECORDS SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED SUBORDINATED TO RECORDED APRIL 14, 1989 AS FILE NO. 89-196181 OF OFFICIAL RECORDS IRREVOCABLE OFFER TO DEDICATE OPEN SPACE EASEMENT AND DECLARATION OF RESTRICTIONS APRIL 14, 1989 AS FILE NO. 89-196180 OF OFFICIAL RECORDS SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED SUBORDINATED TO RECORDED JULY 24, 1989 AS FILE NO. 89-388407 OF OFFICIAL RECORDS MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS JULY 5, 1989 AS FILE NO. 89-354659 OF OFFICIAL RECORDS SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED SUBORDINATED TO RECORDED JUNE 1, 1990 AS FILE OF OFFICIAL RECORDS EASEMENT & COVENANT JUNE 1, 1990 AS FILE OF OFFICIAL RECORDS NO . 9 0-2 9 81 7 4 NO. 90-298175 101897-6 SAID DEED OF TRUST AND ASSIGNMENT OF RENTS HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED AUGUST 1, 1990 AS FILE NO. 90-421124 OF OFFICIAL RECORDS SUBORDINATED TO DECLARATION OF COVENANTS CONDITIONS ANO RESTRICTIONS RECORDED AUGUST 1, 1990 AS FILE NO. 90-421123 OF OFFICIAL RECORDS SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED: SUBORDINATED TO: JULY 3, 1991 AS FILE NO. 1991-0327680 OF OFFICIAL RECORDS DEED RESTRICTION -2- RECORDED: SCHEDULE B CONTINUED JULY 3, 1991 AS FILE NO. 1991-0327678 OF OFFICIAL RECORDS NOTE: UPON RECEIPT OF A RECONVEYANCE AT THE CLOSE OF THIS TRANSACTION THE ABOVE ITEM WILL BE ELIMINATED FROM THE FINAL POLICY. 4. AN ASSIGNMENT OF RENTS AS ADDITION SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH . ASSIGNMENT WAS EXECUTED BY: TO: RECORDED: 5. A FINANCING INDEBTEDNESS TO DEBTOR SECURED PARTY FILED IN THE OFFICE OF AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, DELAWARE LIMITED PARTNERSHIP FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION DECEMBER 23, 1988 AS F!LE NO. 88-661637 OF OFFICIAL RECORDS STATEMENT SHOWING THE MAXIMUM AMOUNT OF BE SECURED THEREBY AS · AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP FIRST INTERSTATE BANK OF CALIFORNIA DECEMBER 23, 1988 AS FILE NO. 88-661638 OF OFFICIAL RECORDS THE COUNTY RECORDER OF SAN DIEGO COUNTY SAID MATTER AFFECTS THIS AND OTHER PROPERTY. A RELEASE RECORDED NOVEMBER 1, 1989, RECORDER'S FILE NO. 89-593670 AFFECTING LOT 230 MAP 12412, ~ND RECORDED JANUARY 31, 1990, RECORDER'S FILE NO. 90-054128 AFFECTING LOT 90 MAP 12410, AND RECORDED FEBRUARY 22, 1990, RECORDER'S FILE NO. 90-94975 AFFECTING LOTS 87, 88 89 MAP NO. 12410 AND LOT 5 MAP 12409. 6. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: MARCH 13, 1989 101897-6 BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION AND THE CALIFORNIA COASTAL COMMISSION REGARDING: RECORDED: DEED RESTRICTION (CONCERNING THE BATIQUITOS LAGOON NORTH SHORE TRAIL) APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL RECORDS 7. A DOCUMENT ENTITLED "IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS" (CONCERNING THE 100' BUFFER ZONE ADJACENT TO NORTH SHORE OF·BATIQUITOS LAGOON} DATED MARCH 13, 1989, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, RECORDED APRIL 14, 1989, RECORDER'S FILE NO. 89-196180. -3- SCHEDULE B CONTINUED REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 8. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: MARCH 31, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP, AND THE CITY OF CARLSBAD AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE JUNE 5, 1989 AS FILE NO. 89-296176 OF OFFICIAL RECORDS 9. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP OF THE TRACT SHOWN BELOW MAP NO.: 112412 PROVISIONS: AS FOLLOWS: 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. 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 OTHER REQUIREMENTS IMPOSED AS PART OF THAT PLAN. 10. AN EASEMENT AFFECTING THE PORTION PURPOSES STATED HEREIN AND INCIDENTAL DEDICATED OF SAID LAND AND FOR THE PURPOSES, SHOWN OR BY MAP NO. FOR: AFFECTS: 12412 4' GENERAL UTILITY LOTS 233 THROUGH 302 INCLUSIVE 11. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED BY MAP NO. FOR: AFFECTS: 12412 GENERAL UTILITY, ACCESS AND PRIVATE STREET LOT 303 -4- 101897-6 SCHEDULE B CONTINUED 101897-6 12. A NOTICE OF SPECIAL TAX LIEN RECORDED APRIL 9, 1990 AS FILE NO. 90-189679 OF OFFICIAL RECORDS, THAT AMONG OTHER THINGS PROVIDES FOR THAT SAID LAND LIES WITHIN THE COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT. 13. AN AGREEMENT PARTICULARS DATED: TO WHICH REFERENCE IS HEREBY MADE FOR FULL MAY 16, 1990 BY AND BETWEEN: REGARDING: RECORDED: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR AN UNCONTROLLED STOCKPILE MAY 22, 1990 AS FILE NO. 90-279302 OF OFFICIAL RECORDS 14. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: APRIL 17, 1990 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND DANIELS CABLEVISION INC., A DELAWARE CORPORATION EASEMENT AND COVENANT REGARDING CATV SERVICE JUNE 1, 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS SAID DOCUMENT HAS BEEN AMENDED BY A DOCUMENT RECORDED APRIL 15, 1991 AS FILE NO. 1991-168678 OF OFFICIAL RECORDS. 15. AN 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: UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, PIPELINES AND APPURTENANCES FOR ANY AND ALL PURPOSES, COMMUNICATION FACILITIES, AND APPURTENANCES RECORDED: APRIL 27, 1990 AS FILE NO. 90-22~570 OF OFFICIAL RECORDS AFFECTS: LOTS 229, 233-268 & 303 16. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION OF RESTRICTIONS RECORDED AUGUST 1, 1990 AS FILE NO. 90-421123 OF OFFICIAL RECORDS. RESTRICTIONS, IF ANY BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. -5- ' . I SCHEDULE B CONTINUED 101897-6 WHICH PROVIDE 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. BY A DECLARATION OF ANNEXATION RECORDED FEBRUARY 6, 1991 AS FILE NO. 91-0053111 OF OFFICIAL RECORDS, THE HEREIN DESCRIBED PROPERTY WAS ANNEXED TO SAID COVENANTS, CONDITIONS AND RESTRICTIONS. BY A DECLARATION OF ANNEXATION RECORDED FEBRUARY 6, 1991 AS FILE NO. 91-0053112 OF OFFICIAL RECORDS, THE HEREIN DESCRIBED PROPERTY WAS ANNEXED TO SAID COVENANTS, CONDITIONS AND RESTRICTIONS. 17. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: . BY AND BETWEEN: REGARDING: RECORDED: 18. AN EASEMENT PURPOSES STATED IN FAVOR OF: FOR: RECORDED: AFFECTS: JULY 6, 1990 THE CITY OF CARLSBAD AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP SPECIAL ASSESSMENTS DISTRICT PASS-THROUGH AUTHORIZATION AGREEMENT OCTOBER 31, 1990 AS FILE NO. 90-590739 OF OFFICIAL RECORDS AFFECTING THE PORTION OF SAID LAND AND FOR THE HEREIN AND INCIDENTAL PURPOSES PACIFIC BELL, A CALIFORNIA CORPORATION COMMUNICATION FACILITIES, (INCLUDING INGRESS THERETO AND EGRESS THEREFROM) NOVEMBER 29, 1990 AS FILE NO. 90-636009 OF OFFICIAL RECORDS AS FOLLOWS: 1. THOSE PORTIONS OF SAID LOTS 233 AND 302 INCLUSIVE DESIGNATED AND DELINEATED ON SAID MAP AS, "4.00 GENERAL UTILITY EASEMENT TO THE CITY OF CARLSBAD DEDICATED HEREON." 2. LOT 303, SAID LOT DESIGNATED AND DELINEATED ON SAID MAP AS "AVIARA DRIVE (PRIVATE STREET}" AND "GENERAL UTILITY AND ACCESS EASEMENT ••• " 19. A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND. DISTRICT: NO. 1 CITY OF CARLSBAD DISCLOSED BY: AN ASSESSMENT DISTRICT BOUNDARY MAP RECORDED: DECEMBER 19, 1990 INSTRUMENT/FILE NO. 90-674118 OF OFFICIAL RECORDS. -6- • SCHEDULE B CONTINUED 101897-6 20. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION OF RESTRICTIONS RECORDED FEBRUARY 8, 1991 AS FILE NO. 91-0057543 OF OFFICIAL RECORDS. AND RE-RECORDED MARCH 15, 1991 AS FILE NO. 1991-0114756 OF OFFICIAL RECORDS RESTRICTIONS, IF ANY BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. WHICH PROVIDE 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. 21. A NOTICE OF SPECIAL TAX LIEN RECORDED MAY 20, 1991 AS FILE NO. 1991-0236959 OF OFFICIAL RECORDS, REGARDING CITY OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 22. IMPROVEMENT REQUIREMENTS AS SET FORTH ON SAID PARCEL MAP NO. 16451. 23. A DOCUMENT ENTITLED DEED RESTRICTION, DATED MAY 29, 1991 BY AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP AND BETWEEN CALIFORNIA COASTAL COMMISSION, RECORDEIT JULY 3, 1991 AS FILE NO. 1991-0327678 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. NOTE: NO KNOWN MATTERS OTHERWISE APPROPRIATE TO BE SHOWN HAVE BEEN DELETED FROM THIS REPORT, WHICH IS NOT A POLICY OF TITLE INSURANCE, BUT A REPORT TO FACILITATE THE ISSUANCE OF A POLICY OF TITLE INSURANCE.· FOR PURPOSES OF 0 POLICY ISSUANCE THE FOLLOWING ITEMS MAY BE ELIMINATED ON THE BASIS OF AN INDEMNITY AGREEMENT OR OTHER AGREEMENT SATISFACTORY TO THIS COMPANY AS INSURER: NONE -7- -J lJ _) r -,( l ~ t!J Vs CJ) ~ 'l- ....... lli ~ -~ .ft ~ -~ 0 '~ r:. r-, 0 (/) b !! Li., I '!.. 0 .. ..) ~ . a: ~ f <( ~ ~~..; !11,.~ _.,.., ..... ~~: r.."" ~.; ·-,, ~"i @~i ~ ..... ~,~ .. ... 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