HomeMy WebLinkAboutMP 177I; AVIARA SITE DEVELOPMENT PLANS; Master Plan (MP)11
TY OF CARLSBAD
LAND USE REVIEW APPLICATION W FOR PAGE 1 OF 2- . -.
1) APPLICATIONS APPLIED FOR: (CHECK BOXES) -
(FOR DEPT (FOR,DEPT USE ONLY) USE:ONL?)
Master Plan - Amendment f j7 7? General Plan Amendment
:.
Specific Plan
o Precise Development Plan
O Tentative Tract Map•
0 Planned Development Permit
O Non-Residential Planned Development
O Condominium Permit
O Special Use Permit
Redevelopment Permit
rl Tentative Parcel Map
Administrative Variance
2) LOCATION OF PROJECT: ON THE North SIDE OF Batiguitos Lagoon
(NORTH, SOUTH EAST, WEST) (NAME OF STREET)
BETWEEN JEl Camino Real J AND Interstate 5
(NAME OF STREET) (NAME OF STREET)
I 3) BRIEF LEGAL DESCRIPTION:
4) ASSESSOR PARCEL NO(S).
- See attached IJ
5) LOCAL FACILITIES r 19 I 6) EXISTING GENERAL PLAN "9'7) PROPOSED GENERAL PLAN àrne I MANAGEMENT ZONE DESIGNATION RC, N' pg DESIGNATION
8) EXISTING ZONING I PC 9) PROPOSED ZONING Saniej 10) GROSS SITE p83. 8
ACREAGE
11) PROPOSED NUMBER. OF r_; /A 12) PROPOSED NUMBER N/A 13) TYPE OF SUBDIVISION Nater
RESIDENTIAL UNITS OF LOTS Flaned-_-CDIM.
- (RESIDENTIAL
COMMERCIAL
INDUSTRIAL)
14) NUMBER OF EXISTING RESIDENTIAL UNITS N/A I
15) PROPOSED INDUSTRIAL F N/A 116) PROPOSED COMMERCIAL F /A I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE
O Local Coastal Plan Amendment
o Site Development Plan
o Zone Change
Conditional Use Permit
Hillside Development Permit
0 Environmental Impact Assessment
O Variance
o Planned Industrial Permit
Coastal Development Permit
o Planning Commission Determination
o List any other applications not spedficed
REQV.ING tBE &mITa POO4CQP * FRM00016 &'90
3
I.
1' CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 2 OF2
17) PERCENTAGE OF PROPOSED PROJECF IN OPEN SPACE f N/A
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS
19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC
20) PROJECT NAME: 1 Aviara 3\t 9kn
21) BRIEF DESCRIPTION OF PROJECT: Raster Plan Amendment - Revise master
I Pláüs to be reviewed and approved by the Carlsbad Planning Commission. I
• 22) IN THE PROCESS OF RE IE\ThIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,
PLANNING COMMISSIONERL DEIGN REVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT` AND
PRO IS E SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS
PURPOSE
ENTER THEl
D.L. Clemens/Vice President. Genetal Mnag
23) OWNER 24) APPLICANT •:
NAME (PRINT OR TYPE) Aviara Land Associates NAME (PRINT OR TYPE) Aviara Land Assoëiates
Limited Partnership Limited Partnership
MAILING ADDRESS 2011 Palomar Airport Rd. #206 MAILING ADDRESS 2011 Palomar Airport Rd.., #20
Cris
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
Carlsbad, CA 92009 619/931-1190 Carlsbad, CA 92009 619/931-1190
CEPTTFY ThAT I AM THE LEGAL OWNER ... _ ThAI AM THE LEGAL OWNERs REPRESENTATH'E AND
AND THAT Ab3VE INfORMATION THAT THE '&WE INFORMATION IS TRUE AND RRECETO THE
IS TRUE TO THE BEST OF BEST MY KNOWLEDGE.
IINO E'
A DATE 1/22/93 RE DATE 1/22/93
D. C Pres., General Manage =/Vice
D. L. Clemens/Vice Pres., General Nanage
FOR CITY USE ONLY
RECE I VED FEE COMPUTATION:
APPLICATION TYPE FEE REQUIRED
JAN 2 7 1993
CITY o CAMS- BAD
no tVlh
egoo 00
RECEIVED BY:
TOTAL FEE REQUIRED 2 '120 00 I
DATE FEE PAID • /7_cl 4i' 3 1 RECEIPT NO. J
0 LTJ
THE LAND REFERRED 10 HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
THOSE PORTIONS OF SECTIONS 22, 26, 27, 28, 33, AND 34 ALL, IN TOWNSHI.P
12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 34 AS SHOWN 0N
RECORD OF SURVEY MAP NO. 10774 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY OCTOBER 30, 1986 AS FILE NO. 864941-80;
THENCE ALONG THE EASTERLY LINE OF SAID SECTION, SOUTH 00°32'01 WEST
426.75 FEET; THENCE LEAVING SAID EASTERLY LINE, THE FOLLOWING COURSES:
NORTH 83°55'00" WEST 164.81 FEET; SOUTH 51 0 22'00" WEST 518.00 FEET;
SOUTH 67" 22'00 ," WEST 140.00 FEET; SOUTH 60°44'00' WEST 295.00 FEET;
SOUTH 39°25'00" EAST 163.00 FEET; SOUTH 21 0 11'00' WEST 214.00 FEET;
SOUTH 49 0 15'00" WEST 119.00 FEET; NORTH 89°45'00" WEST 186.0.0 FEET;
NORTH 58 0 00'00" WEST 132.00 FEET; NORTH 72°30'00" WEST 187.00 FEET;
NORTH 05°14'0O' EAST 201.00 FEET; NORTH 51 °53'00" WEST 63.00 FEET;
NORTH 74 0 45'00" WEST 193.00 FEET; NORTH 89 0 42'00" WEST 218.00 FEET;
SOUTH 59000100H WEST 156.00 FEET; NORTH 7510'00 WEST 113.00FEET;-,
SOUTH 22 0 30'00" WEST 88.00 FEET; SOUTH 8102210011 WEST 57.0.0 FEET;
SOUTH 61 °54'00" WEST 195.00 FEET; NORTH 82°00'00" WEST 114.00, FEET;
NORTH 89°00'00" WEST 120.00 FEET; SOUTH 0100010011 EAST 36.00 FEET;
SOUTH 62 °50'00" WEST 318.00 FEET; SOUTH 28°00'00" EAS.T 35.00 FEET;
SOUTH 54,01010011 WEST 148.00 FEET; SOUTH 79°35'00" WEST 155.00 FEET;:
NORTH 54 0 10'00" WEST 370.00 FEET; NORTH 74°30'00" WEST'86.00 FEET;
NORTH 35030b00fl WEST 141.00 FEET; NORTH 1101010011 EAST 110.00 FEET;
NORTH 20 0 30 `00" WEST 128.00 FEET; NORTH 85°00'00" WEST 71.00 FEET;
SOUTH 2530'00" WEST 223.00 FEET; SOUTH 10*451004* EAST 53.00 FEET;
SOUTH 33 0 30 /00 U WEST 146.00 FEET; SOUTH 5530b00h1 WEST 52.00' FEET;
SOUTH 77*30/004* WEST 358.00' FEET; SOUTH 55 °10'00" WEST 167.00 FEET;
SOUTH 75 0 58'00" WEST 42.00 FEET; NORTH 83°56'00" WEST 117..00 FEET;.'
NORTH 73°50'00" WEST 99.00 FEET; NORTH 79 4 50'00" WEST 147.00 FEET;
NORTH 74°10'00" WEST 190.00 FEET; NORTH 68°56'02" WEST 346.00 FEET;
NORTH 73 °16'26" WEST 174.03 FEET; NORTH 84 °00'00" WEST 124.00 FEET;
SOUTH 780 00'00" WEST 447.00 FEET; NORTH 83°00'00" WEST 123.72 FEET
10 THE BOUNDARY LINE OF SAID RECORD OF SURVEY MAP;
THENCE ALONG SAID BOUNDARY LINE,, THE FOLLOWING COURSES:
NORTH 32 0 17'46" WEST 561.55 FEET; NORTH 69 °15'21" WEST 228.23 FEET;-
NORTH 0004312141 WEST 788.21 FEET; NORTH 00°30"45 EAST 1357' 73 FEET;
SOUTH 89 0 08 1 32" EAST 1358.19 FEET; NORTH 23 °i8'51 EAST 156.92 FET;
SOUTH 33050141u EAST 182.99 FEET; NORTH 63°51 1 06" EAST 118.55 FEET;:
NORTH 4601313511 EAST 86.99 FEET; NORTH 21020i051* EAST 79.07 EEi;
NORTH 14 0 41'15" WEST 271.95 FEET; NORTH 26*251204* WEST' 112.93 FEET
NORTH 44°11'08' WEST 139.02 FEET; NORTH 35°5421' WEST 80.99 'FEET;
NORTH 17022b081* WEST 96.53 FEET; NORTH 07°57'57" WEST 108.47 FEET,;
NORTH 03°51'41' EAST 180.95 FEET; NORTH 35*3533 WEST 142.04 FEET;
NORTH 000341180 EAST 2716.14 FEET; SOUTH 86°58"38" EAST 118.67 FEET;
NORTH 01 °49'19" WEST 331.07 FEET; SOUTH 88*571120 EAST 660.57 FEET;
SOUTH 010361474* EAST 330.59 FEET; SOUTH 000650 WEST 1340.75 FEET;
SOUTH 37*30 ,3h1 EAST 662.65 FEET; SOUTH 87°32'14" EAST 652.55 FEET;,
0
NORTHERLY LINE SOUTH 00°43'00' EAST, 121.77 FEET; THENCE SOUTH
49 °41'33' WEST, 50.16 FEET; THENCE SOUTH 10013b08u WEST, 45.75 'FEE i:
THENCE SOUTH 34 0 30 1 47' EAST, 34.62 FEET; THENCE SOUTH , 62°22 1 17" EAST,
25.68 FEET; THENCE SOUTH 19 0 35'24" WEST, 109.22 FEET; THENCE NORTH
75°32'32" EAST, 110.73 FEET; THENCE NORTH 3550'10' EAST, 100.96 FEET;
THENCE SOUTH 82 0 53'54" EAST, 31.50 FEET; THENCE NORTH 56 0 01 1 44" EAST;
225.45 FEET; THENCE NORTH 43 0 54'35" EAST, 93.91 FEET; THENCE NORTH
73 0 18'15" EAST, 133.63 FEET TO A POINT ON THE NORTHERLY LINE OF SAID
RECORD OF SURVEY NO. 10774, THENCE ALONG SAID NORTHERLY LI:NE,"SOUTH
89028!301 EAST, 135.92 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH
52 0 45'54 EAST, 325.96 FEET TO 4 POINT ON THE EASTERLY LINE OF 5AIO
SECTION 22; THENCE ALONG SAID EASTERLY LINE,, SOUTH 0003325 WEST,
661.79 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THOSE PORTIONS OF THE SOUTH ONE HALF OF THE
SOUTH ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTI-WEST QUARTER AND
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26,
TOGETHER WITH A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 27, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST,-SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN 0IEGO,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING Al THE NORTHEAST CORNER OF SAID SOUTH ONE HALF OF THE SOUTH
ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
26; THENCE ALONG THE, EASTERLY LINE THEREOF, SOUTH 00°21'21" EAST
293:56 FEET TO A POINT ON A NON—TANGENT 1151.00 FOOT RADIUS CURVE,
CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT SEARS NORTH 0401015O6
WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
39°32'20" ADISTANCEOF 794.28 FEET TO THE BEGINNING, OF A REVERSE
20.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LrNE BEARS SOUTH
43°43'10" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH CENTRAL
ANGLE OF 87 °33' 10" 4 DISTANCE OF 30.56 FEET; THENCE TANGENT TO SAID
CURVE, NORTH 46°10'00" WEST 95.89 FEET TO THE BEGINNING OF A TANGENT
430.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH 4 CENTRAL ANGLE OF 09 °46'00" A DISTANCE OF
73.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 5556'00" WEST 416.30
FEET TO THE BEGINNING OF A TANGENT 320.00 FOOT RADIUS CURVE, CONCAVE
EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
55°13'38" A DISTANCE OF 308.45 FEET; THENCE TANGENT TO SAID CURVE,,
NORTH 00 0 42'22" WEST 18.83 FEET TO THE WESTERLY PROLONGATION OF THE
NORTHERLY LINE OF SAID SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE TO AND ALONG
SAID NORTHERLY LINE, SOUTH 89 °19'14" EAST 1349.44 FEET TO THE POINT OF
BEGINNING.
PARCEL B:
LOTS 1, 2, 4 AND 10 INCLUSIVE OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 - UNIT A, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12409,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
JUNE 29, 1989.
PARCEL C:
0
40
NORTH 00°12'09" WEST
NORTH 00,04154hI WEST
SOUTH 00033l25 WEST
SOUTH 89°19'14" EAST
SOUTH 89 0 16'26" EAST
SOUTH 89°16'42" EAST
SOUTH 44°39'44" WEST
SOUTH 38 0 15'14" WEST
SOUTH 24°07'12" WEST
SOUTH 48 0 19I47 EAST
NORTH 88°48'10" WEST
NORTH 88 0 55'25" WEST
FEET 10 THE POINT OF
1328.52 FEET; SOUTH 86 °58' 17" EAST 859. 12 FEET`'
2434.07 FEET; SOUTH 89 0 28'30" EAST 1370.33 FEET;
2491.10 FEET; SOUTH O0 °42'22" EAST 2294.99 FEET;
1334.44 FEET; SOUTH 00021l21 EAST 328.99 FEET;
252.98 FEET; SOUTH 000431.19fl WEST 392.93 FEET;
299.95 FEET; SOUTH 25°48'10" EAST 163.03FEEl;
109.07 FEET; SOUTH 4005114411 WEST 501.68 FEET;
136.45 FEET; SOUTH 08 °46'19" WEST 168.00 FEET;
174.68 FEET; SOUTH 15 °13'1$" EAST 128.95 FEET;
507.55 FEET; SOUTH 24 0 29h 17H EAST 825.89 FEET;
770.87 FEET; NORTH 00°22'48" WEST 658.36 'FEET;
1321.10 FEET; AND SOUTH 00°42'2Z" EAST 655.68
BEGINNING.
EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE
1 - UNIT 'A" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CAL IIFORNIA, ACCORDING TO MAP THEREOF NO. 12409 FILED INi THE OFFICE. OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989;
ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVIARA
PHASE 1 - UNIT "B" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO', STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12410 FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989;
ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT' 85-35', A.VIARA
PHASE 1 UNIT "C", IN THE CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989;
ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVIARA,
PHASE 1 - UNIT "0", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12412, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE, 29, 1 -989;
ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35 PHASE
1 - UNIT "E", I-N THE CITY 'OF CARLSBAD, COUNTY OF SAN DIEGO, STATE , OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12413, FILED IN, THE' OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE29, 1989,;,
ALSO EXCEPTING THEREFROM THAT PORTION OF SECTION 22, TOWNSHIP 12 SOUTH,
'RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PUT
THEREOF AS SHOWN ON RECORD OF SURVEY NO. 10774, RECORDED
OCTOBER 30, 1986 AS FILE NO. 86-494180, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST' CORNER OF SAID SECTION 22'; THENCE ALONG,
THE EASTERLY LINE OF SAID SECTION 22, NORTH 00 0 33'2$" EAST, 1634..46
FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID' EASTERLY
LINE, SOUTH 89 °46"58" WEST, 678.27 FEET; THENCE 'SOUTH 44 °18"06" WEST,
124.45 FEET; THENCE SOUTH 89 °18'06" WEST, 566.00 FEET; THENCE NORTH
19°52'40" EAST, 92.87 FEET; THENCE NORTH 450 1O'21" WEST., 54..44 FEET;
THENCE NORTH 13°28'04" EAST, 60.92 FEET; THENCE NORTH 00'22'40" WEST,
320.06 FEET; THENCE NORTH 120 18'08" WEST, 92.73 FEET; THENCE' NORTH
50'99'09 .' 'EAST, 201.72 FEET; THENCE NORTH 14°03'08" WEST, 251.61 FEET
TO A POINT ON THE NORTHERLY LINE OF SAID RECORD OF SURVEY NO.. 1'0774;
THENCE SOUTH.89 °28'30" EAST, 322.59 FEET; THENCE LEAVING SAID
0 0
LOT 91, OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE t - UNIT 8,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING 10 MAP THEREOF NO. 12410, FILED IN THE OFFtCE, OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989.
PARCEL 0:
LOTS 94, 115, 116, 123 THROUGH 127 INCLUSIVE, OF CITY OF CARLSBAD
TRACT 85-35, AVIARA PHASE 1 UNI.T C, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
JUNE 29, 1989.
PARCEL E:
LOTS 229, 233 THROUGH 303 INCLUSIVE OF CITY OF CARLSBAD TRACT 85-35,.
AVIARA PHASE I * UNIT "0", IN THE CITY OF CARLSBAP, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO, 124t2, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
JUNE 29, 1989.
PARCEL F:
LOTS 304, 305, 308 AND 309, OF CITY OF CARLSBAD TRACT 85-35, AVIARA
PHASE I UNIT "E", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, S-TATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989.
El I,
214-170-51
215-040-18
215-070-25
215-080-24, 25
215-140-22, 23
215-612-15
215-61247
215-612-20
215-610-1 thru 40, 43, 44
215-612-19
215-611-1 - 28
215-612-10, 11, 12
215-592-19
215-620-1 - 52
215-592-22
215-612-18
215-04-21
215-612-01, 02, 03, 04, 05, 06, 07, 08
215-592-04 - 15
215-050-68
215-05143
215-592-18
215-602-1 - 17
215-602-55 - 87
215-601-59 - 73
215-601-1 - 12
215-601-31 - 33
215-600-1 - 27
216-111-08, 09
216-150-18
0 0
City of Carlsbad
JFTII 1
DISCLOSURE STATEMENT RECEIVED
APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APP UC ILL REqUIRE
DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD. COMSb
(Please Print)
The following information must be disclosed:
1.
App licant
List the names and addresses of all persons having a financial interest in the application.
Airiara Land Associates Limited Partnership
ZO11 Palomar Airport Rd.
Suite Zoo
Carlsbad, CA 92009
2. Owner
List the names and addreses of all persons having any ownership interest in the property involved.
Aviara Land Comprny fle1pwpre Republic Development CO.,
corporation .. a California corporation
450 Newport Center Drive - 180 N. Riverview Drive
Siit fl4. Siite 1fl
Nèwpr1àch, CA --"92660 Anaheim, CA 9280
3. If any person identified pursuant to (1) or (2) above 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 Hi11inin 4Sfl Newport Center flr-ive
Suite 304
Newport Be:ach, CA 92660
4. If any person identified pursuant to (1) or (2) above is a non-profit organization -or a trust, list the names and
desesç\any person serving as officer or director of the non-profit organization or as trustee or beneficiary
of the trust.
N/A
FRM00013 8/90
2075 Las Palmas Drive • Carlsbad, California 92069-4859 • (619) 438-116"1
0
'er)
Disclosure Statement Page 2
5. Have you had more than $250 worth of business transacted with any member of City staff, Boards
Commissions, Committees and Council within the past twelve months?
Yes - No,,. If yes, please indicate person(s)
Person is defined u: 'Any individual, firm, copartnership, joint venture. association, social club, fraternal organization, corporation, **tat*, trust,
receiver, syndicate, this and any other county, orty and county, city municipality, district or other political subdivision, or any other group or
combination acting as a unit'
(NOTE: Attach additional pages as necessary.)
Owner:
Aviara Land Associates Limited Partnership,
a Delaware limited partnership
BY: Aviara Land C Vany, a Delaware
oration, ene al Partner
D L. Cle ice President
By: 9 4,4
Ted L. oover/Assistant Secretary
Date: January 22, 1993
Applicant:
Aviara Land Associates Limited Partnership,
a Delaware limited partnership
• AviarC any, a Del4e
B al Partner
'ice President
By: 94 /. -
Ted L. Hoover/Assistant Secretary
Date: January 22, 1993
BY: Republic Development Co., a BY: Republic Development Co., a
Part er al Part er
D. L. Clem ice President D. L. Clem ice resident
By: 94 ,L. By: 9J ic
Ted L. Hoover/Assistant Secretary Ted L. Hoover/Assistant Secretary
Date:, January 22, 1993 Date: January 22, 1993
'p
• f -
.
RECEIVED CASE NO. fl4t2 77
DATE: J'7_7 1ki
JAN 271993
CifY OF CALz!YIR0NMENTAL IMPACT ASSESSMENT FORM - PART I
PLADEPT.
(To be Completed by APPLICANT)
Applicant: Aviara Land Associates Limited Partnership
Address of Applicant: 2011 Palomar Airport Rd., Suite 206
Carlsbad, CA 92009
Phone Number: ( 619) 9311190
Name,, address and phone number of person to be contacted (if other than
Applicant): D. L. Clemens (same as above)
GENERAL INFORMATION: (Please be specific)
Project Description: -Master Plan Amendment to revise page 30 of the
Aviara Master Plan text to reflect the following: All Site Development
Planappl1cations to be reviewed and approved by the Planning Commission.
Project Location/Address: North of Batiquitos Lagoon, south of Palomar
Airport Rd., east of 1-5, west of El Camino Real in the City of Carlsbad.
Assessor Parcel Number: See At±ached -
General Plan/Zone of Subject Property: combination Disttict/PC Zone
Local Facilities Management Zone: 19
Is the site within Carlsbad's Coastal Zone? Yes
Please describe the area surrounding the site to the
North: Batiquitos Lagoon East: El Camino Real
South: Palomar Airport Rd. West: i-5
List all other applicable permits & approvals related to this project:
MP 177 CT 89-37 -
2
0
1 ,
(Please be Specific. Attach Additional Pages or Exhibits, if necessary)
1. Please describe the project site, including distinguishing natural and
manmade characteristics. Also provide precise slope analysis when a slope
of 15' or higher and 15% grade or greater is present on the site.
N/A
2. Please describe energy conservation measures incorporated into the design
arid/or operation of the project.
N/A
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).
N/A
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.
N/A
c. If an industrial project, indicate the exact type or industry(ies),
average daily traffic generation (latest SANDAG rates), estimated
employment per shift, time of shifts, and loading facilities.
N/A
d. If an institutional project, indicate the major project/site
function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the
project.
N/A
3
.
I. 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.
YES NO
1) Could the project significantly impact or change
present or future land uses in the vicinity of the
activity? X
EXPLANATION: This project (Master Plan Amendment)
should have no affect or change in land use
in vicinity.
2) Could the activity affect the use of a recreational
area, or area of aesthetic value? X
EXPLANATION: The overall project provides for
golf and sporting recreation. Aesthetics should not be
affected.
Could the activity affect the functioning of an
established community or neighborhood? X
EXPLANATION: This project will have no affect
on surrounding neighborhoods in the community.
Could the activity result in the displacement of
community residents? X
EXPLANATION: This project should not affect
the residents in the commnuntiy.
4
3)
4)
YES NO
5) Could the activity increase the number of low and x moderate cost housing units in the city?
EXPLANATION: This project has no affect
on low or moderate cost housing.
6) Could the activity significantly affect existing
housing or create a demand for additional housing? X
EXPLANATION: This project deals with the City's
approval process and would have no affect
on housing demand.
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? X
EXPLANATION: No unique features on site.
Batquitos Lagoon is approximately 700 ft..
to the South. No impact on lagoon as concluded
in EIR 83-2(A).
8) Could the activity significantly affect an
historical or archaeological site or its settings? X
EXPLANATION: On site archaelogical sites
have been mitigated as directed by BIR 83-2.
9) Could the activity significantly affect the
potential use, extraction, or conservation of a
scarce natural resource? X
EXPLANATION: The project will in no way
affect any identified scarce natural resource,
as concluded inEIR 83-2(A).
S
Li
YES NO
10) Could the activity significantly affect fish,
wildlife or plant resources? X
EXPLANATION: Biological resources will not
be affected by this project.
11) Are there any rare or endangered plant or animal
species in the activity area? X
EXPLANATION: None - per EIR 83-2(A)
12) Could the activity change existing features of any
of the city's stream, lagoons, bays, tidelands
or beaches?
EXPLANATION: The project will have no affect
on the above water bodies.
13) Could the activity result in the erosion or elimin-
ation of agricultural lands?
EXPLANATION: No. Agricultural mitigation
for the entire Aviara project has been mitigated
per state law.
14) Could the activity serve to encourage development
of presently undeveloped areas or intensify develop-
ment ofaiready developed areas?
EXPLANATION: Development in this area has been
anticipated by the City's General Plan, the LCP and
it's Implementing Ordinances. No intensification of
development is anticipated.
11
YES NO
15) Will the activity require a variance from estab-
lished environmental standards (air, water, noise,
etc.)?
EXPLANATION: No variance required.
16) rs the activity carried out as part of a larger
project or series of projects?
EXPLANATION: The proposed project is a
part of the approved Pacific Rim (Aviara)
Master Plan,
17) Will the activity require certification, authoriza-
tion or issuance of a permit by any local, state
.or federal environmental control agency?
EXPLANATION: City of Carlsbad: City Council
and Planning Commission
18) Will the activity require issuance of a variance or
conditional use permit by the City? X
EXPLANATION: No variance or conditional use
permit required.
19) Will the activity involve the application, use, or
disposal of potentially hazardous materials? X
EXPLANATION: No hazardous materials.
7
YES
25)' Will the project substantially increase fuel
consumption (electricity, oil, natural gas, etc.)? X
EXPLANATION: No increase in fuel consumption.
26) Will the activity involve construction of facilities
on a slope of 25 percent or greater?
EXPLANATION: No grading to occur with this project.
27) Will there be a significant change to existing
land form? ______ ______
(a) Indicate estimated grading to be done in
cubic ya'rds:
(b) Percentage of alteration to the present
land form:
(c) Maximum height of cut or fill slopes:
EXPLANATION:' No change to land.
28) Will the activity result in substantial increases
in the use of utilities, sewers, drains or streets?
EXPLANATION: This is a request to revise ppproval
process for SDP's with Aviara, no increases
in the use of utilities will occur.
.
YES NG
Will the activity involve construction of facilities
in a flood plain?
EXPLANATION: No construction is proposed
for this Droject.
Will the activity involve construction of facilities
in the area of an active fault?
EXPLANATION:
No active faults in the area as
stated in EIR 83-2(A).
Could the activity result in the generation of
significant amounts of dust?
EXPLANATION: This is a n minitrtive process.
Will the activity involve the burning of brush,
trees, or other materials?
EXPLANATION: This is an administrative
process. No burning associated with this
project.
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: This project will not generate
any traffic.and will not change air quality.
This is an administrative process.
[:1
20)
21)
22)
23)
x
x
x
0
I, YES NO
29) Will the project significantly increase wind or
water erosion of soils?
EXPLANATION: Administrative process.
Project will not affect soil.
30) Could the project significantly affect existing
fish or wildlife habitat?
EXPLANATION: This is an administrative
project and will not affect fish or wild life.
31) Will the project significantly produce new light
or glare?
EXPLANATION: This project will not
produce any light or glare.
X
X
X
10
Ii
II. STATEMENT OF. NON-SI
If you have answered yes to any of the questions in Section I but think
the activity will have no significant environmental effects, indicate your
reasons below:
This project deals with the City's approval process
and should have no environmental effects.
III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I
(If additional space is needed for answering any questions, attach
additional sheets as needed.)
Signature
Date Signed 1/25/93
11
214-170-51,
215-040-18
215-070-25
215-080-24, 25
215-140-22, 23
215-612-15
215-612-17
215-612-20
215-610-1 thru 40, 43, 44
215-612-19
215-611-1 - 28
215-612-10, 11, 12
215-592-19
215-620-1 - 52
215-592-22
215-61248
215-04-21
215-612-01, 02, 03, 04, 05, 06, 07, 08
215-592-04 - 15
215-050-68
215-051-13
215-592-18
215-602-1 - 17
215-601-55 - 87
215-601-59 - 73
215-601-1 - 12
215-601-31 - 33
215-600-1 - 27
216-111-08, 09
216-150-18
STEWART TITLE COMPANY OF SAN DIEGO
7676 HAZARD CENTER 'DRIVE 7TH FLOOR
SAN DIEGO, CALIFORNIA 92,108
(619) 692-1600
(619) 436-3002 (619) 743-3821
SECOND SUPERSEDING
PRELIMINARY TITLE REPORT
DECEMBER 18, 1992
P &- D TECHNOLOGIES
401 WEST "A" STREET, STE. 2500 OUR NO. 10-110123
SAN DIEGO, CALIFORNIA LOAN REF:, AVIARA LAND ASSOC.
ATTENTION: DAVE AMBLER
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 DECEMBER 14, 1992 AT 7:30 A.M.
LO ETTA GGER/mr
TITLE OFFIER
. .
I
MR
=OM
STEWART TITLE COMPANY OF SAN DIEGO
7676 HAZARD CENTER DRIVE 7TH FLOOR
SAN DIEGO, CA, 92108 (619) 692-1600
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 #.
NOTE: If Sub-Escrow Services are to be performed by this Company, the payment of any
demand to a lender whose Deed of Trust secures a line of credit, construction or other
loan that provides for future advances, will require that the account be closed as to
any future advances prior to the date of closing. Any failure to close the account on
the part of the lender being paid, may result in delay of closing.
TITLE DEPARTMENT FAX NUMBER: (619) 297-1715
. S
10-110123
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 AS TO PARCELS A AND B
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 AS TO PARCEL A AND
AVIARA MASTER ASSOCIATION, A CALIFORNIA NON-PROFIT -MUTUAL
BENEFIT CORPORATION AS TO PARCiL B
S
.
10-]. 10123
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 1992-93 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT: $43,445.40 PAID
SECOND INSTALLMENT: $43,445.40 OPEN
LAND: $2,653,020.00
CODE AREA: 09027
PARCEL NO. 215-040-22
SAID MATTER AFFECTS THIS AND OTHER PROPERTY.
1A. BOND/ASSESSMENT REPORT TO FOLLOW.
13. 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.
1C. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICTS
AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT MAPS
OR NOTICES FILED BY SAID DISTRICTS.
2. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SUCH
MATTERS ARE SHOWN BY THE PUBLIC RECORDS.
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
3. A DEED OF
STATED HEREIN
THEREOF
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
AN ASSIGNMENT OF RENTS, AS ADDITIONAL SECURITY FOR. THE. PAYMENT
OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH
-1-
.' .
SCHEDULE B
10-11012.3
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP',
A DELAWARE CORPORATION
FIRST INTERSTATE BANK OF CALIFORNIA,
A CALIFORNIA CORPORATION
DECEMBER 23, 1988 AS FILE NO. 88661637
OF OFFICIAL RECORDS
ASSIGNMENT WAS
EXECUTED BY
TO
RECORDED
A FINANCING STAT] MENT GIVEN AS ADDITIONAL SECURITY FOR THE
PAYMENT OF THE II DEBTEDNESS SECURED BY THE DEED OF TRUST
SHOWN IN ITEM NO. 24
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
AN AMENDMENT TO FINANCING STATEMENT, AMENDED JUNE 29, 1992 AS
FILE NO. 1992-0406652 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 APRIL 14, 1989 AS FILE NO. 89-196177
OF OFFICIAL RECORDS
SUBORDINATED TO DEED RESTRICTION (OPEN SPACE)
RECORDED APRIL 14, 1989 AS FILE NO. 89-196176
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 24, 1989 AS FILE NO. 89-388407
OF OFFICIAL RECORDS
SUBORDINATED TO MASTER DECLARATION OF COVENANTS',
CONDITIONS AND RESTRICTIONS
RECORDED ' 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 I JUNE 1, 1990 AS FILE NO. 90-298174
SUBORDINATED TO
RECORDED
OF OFFICIAL RECORDS
EASEMENT AND COVENANT REGARDING CATV
SERVICE
JUNE 1, 1990 AS FILE NO. 90-298175
OF OFFICIAL RECORDS
-I
. .
SCHEDULE B
1-0-110 -12,3
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT' MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF - AN
INSTRUMENT
RECORDED DECEMBER 5, 1991 AS FILE NO. 1991-0626217
OF OFFICIAL RECORDS
SUBORDINATED TO DEED RESTRICTION
RECORDED DECEMBER 5, 1991 AS FILE NO. 1991-0625216
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 FEBRUARY 4, 1992 AS FILE NO. 1992-0:059247
OF OFFICIAL RECORDS
SUBORDINATED TO DEED RESTRICTION
RECORDED FEBRUARY 5, 1992 AS FILE NO. 1992-0059246,
OF OFFICIAL RECORDS
AN INSTRUMENT PUI PORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST
AS THEREIN PROVII )ED
EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP AND FIRST'
INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION
RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406651
OF OFFICIAL RECORDS
4.. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED: MARCH 31, 1989
BY AND BETWEEN: AVIARA LAND ASSOCIATES, LIMITED
PARTNERSHIP. AND THE CITY OF CARLSBAD
REGARDING:' PAYMENT OF A PUBLIC FACILITIES FEE
RECORDED: JUNE 5, 1989 AS FILE NO. 89-296176
OF OFFICIAL RECORDS
5'. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT
RECORDED JULY 5, 1989 AS FILE NO. 89-354659 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.
-3-
r
SCHEDULE B
10-110123
FIRST AMENDMENT AND RESTATEMENT RECORDED JULY 31, 1990 AS FILE
NO. 90-418521 OF OFFICIAL RECORDS.
SECOND AMENDMENT AND RESTATED MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS RECORDED FEBRUARY 8, 1991, AS FILE
NO. 91-57543 OF OFFICIAL RECORDS, AND RE-RECORDED MARCH 15, 1991
AS FILE NO. 91-114756 OF OFFICIAL RECORDS.
THIRD AMENDED, AND RESTATED DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS RECORDED SEPTEMBER 16, 1991 AS FILE NO.
1991-0475307 OF OFFICIAL RECORDS.
6. AN AGREEMENT TO WHICH REFERENCE IS HEREBY, MADE FOR FULL
PARTICULARS
DATED: FEBRUARY 20, 1990
BY AND BETWEEN: I AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP.
REGARDING:
RECORDED:
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 AS FILE NO. 90-204778
OF OFFICIAL RECORDS
7. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED: APRIL 17, 1990
BY AND BETWEEN: I AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP.
REGARDING:
RECORDED:
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
FIRST AMENDMENT TO EASEMENT AND COVENANT REGARDING CATV SERVICE
RECORDED APRIL 15, 1991 AS FILE NO. 91-168678 OF OFFICIAL
RECORDS.
SAID EASEMENT HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED SEPTEMBER 17, 1992 AS FILE NO. 1992-0591497
OF OFFICIAL RECORDS
SUBORDINATED TO RIGHTS OF WAY, ON SAID MAP IN FAVOR OF THE,
CITY OF CARLSBAD
RECORDED SEPTEMBER 17, 1992 AS FILE NO. 1992-0591492
-4-
.
.
SCHEDULE B
10-110123
I OF OFFICIAL RECORDS
8., ANY ASSESSMENT THAT CAN BE LEVIED ON THE BENEFITED AREA AS
DISCLOSED BY ASSESSMENT DISTRICT BOUNDARY DISTRICT NO. 1, IN THE
CITY OF CARLSBAD BY DOCUMENT RECORDED DECEMBER 19, 1990 AS FILE
NO. 90-674118 OF OFFICIAL RECORDS.
THE FACT THAT SAID LAND LIES WITHIN CITY OF CARLSBAD, COMMUNITY
FACILITIES DISTRICT NO. 1, AS EVIDENCED BY A NOTICE OF
ASSESSMENT FOR SPECIAL TAX LIEN RECORDED MAY 20, 1991 AS 'FILE
NO. 1991-236959 OFFICIAL RECORDS.
9. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS '
DATED: FEBRUARY 20, 1991
BY. AND BETWEEN: I AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP
REGARDING::
RECORDED:'
AND THE CITY OF CARLSBAD
HOLD HARMLESS AGREEMENT RIGHT OF WAY
ENCROACHMENT
MARCH 22, 1991 AS FILE'NO. 1991-0127324
OF OFFICIAL RECORDS '
10'. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED: JULY 23, 1991
BY AND BETWEEN: I ODMARKS & THELAN AND THE DAVIDSON
REGARDING:
RECORDED:
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
11.. AN' INSTRUMENT ENTITLE DEED RESTRICTION BY AND BETWEEN
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND THE CALIFORNIA COASTAL COMMISSION, 'RECORDED
DECEMBER 5, 1991 AS FILE NO. 1991-0626216 OF OFFICIAL RECORDS.
12. A NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS, BY AND
BETWEEN AVIAR.A LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP, RECORDED DECEMBER 31, 1991 AS FILE 'NO.
1991-0685924 OF OFFICIAL RECORDS.
13. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED: JANUARY 2, 1992 '
BY AND BETWEEN': AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP AND THE
CITY OF CARLSBAD, A MUNICIPAL CORPORATION
-5-
.
SCHEDULE B
10-11012.3
REGARDING: GROWTH MANAGEMENT PROGRAM AND THE ADOPTED
LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE
19
RECORDED:. JANUARY 8, 1992 AS FILE NO. 1992-0011004
OF OFFICIAL RECORDS
14. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED: SEPTEMBER 27, 1991
BY AND BETWEEN: I AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
REGARDING:
RECORDED.:
A DELAWARE LIMITED PARTNERSHIP AND THE
CITY OF CARLSBAD
HOLD HARMLESS AGREEMENT DRAINAGE
JANUARY 8, 1992 AS FILE NO. 1992-0011005
OF OFFICIAL RECORDS
15. AND INSTRUMENT ENTITLED DEED RESTRICTION BY AND BETWEEN
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND THE COASTAL COMMISSION, RECORDED FEBRUARY 4,
1992 AS FILE NO. 1992-0059245 OF OFFICIAL RECORDS.
16. PROVISIONS OF THE DEDICATION STATEMENT ON THE MAP OF THE
TRACT SHOWN BELOW WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND
EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS
THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO.: 12972
STREET AFFECTED: NIGHTSHADE ROAD, ALGA ROAD AND
POINSETTIA LANE
SAID MATTER AFFECTS: LOT 123.
17. PROVISIONS OF THE DEDICATION STATEMENT ON THE MAP OF THE
TRACT SHOWN BELOW WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND
EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS
THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO.: 12972
STREET AFFECTED: NIGHTSHADE ROAD -
SAID MATTER AFFECTS: LOTS 89, 100, 101, 102, 103 AND 122.
18. PROVISIONS OF THE DEDICATION STATEMENT ON THE MAP OF THE
TRACT SHOWN BELOJ WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND
EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS -
THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO.: 12972
STREET AFFECTED: CURLEW TERRACE
SAID MATTER AFFECTS: LOTS 95 AND 102.
19. PROVISIONS OF THE DEDICATION STATEMENT ON THE MAP OF THE
E
SCHEDULE B
L0-11O123
TRACT SHOWN BELOW WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND
EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS
THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME
MAP NO.: 12972
STREET AFFECTED: GULL COURT
SAID MATTER AFFECTS: LOT 97
20. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES, SHOWN OR
DEDICATED BY
MAP NO.: 12972
FOR: DRAINAGE
AFFECTS: LOTS 89, 99, 100, 121, 122 AND 123.,
21. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE-
PURPOSES
STATED HEREIN AND INCIDENTAL PURPOSES, SHOWN OR
DEDICATED BY
MAP NO.: 12972
FOR: DRAINGE AND ACCESS
AFFECTS: LOT 105
22. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES, SHOWN OR
DEDICATED BY
MAP NO.: 12972 1
FOR: SIGHT CORRIDOR
AFFECTS: LOTS 95, 96, 97, AND 122
REFERENCE' IS HEREBY MADE TO SAID MAP FOR PROVISIONS REGARDING
SAID EASEMENT CONTAINED THEREIN.
23. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES, SHOWN OR
DEDICATED BY
MAP NO.: 12972
FOR: OPEN SPACE
AFFECTS: LOT 123
REFERENCE IS HEREBY MADETO SAID MAP FOR PROVISIONS REGARDING
SAID EASEMENT CONTAINED THEREIN.
24. AN OFFER OF DEDICATION TO PUBLIC USE OF A PORTION OF SAID
LAND; SAID OFFER WAS REJECTED ON SAID MAP, BUT IS SUBJECT TO
FUTURE ACCEPTANCE UNDER THE PROFESSIONS CODE OF THE STATE OF
CALIFORNIA
DESIGNATED ON MAP NO.: 12972 1
AS: POINSETTIA LANE
AFFECTS: AS SHOWN ON SAID MAP
-7-
S I
SCHEDULE B
10-110123
25. IMPROVEMENT REQUIREMENTS AS SET FORTH ON SAID MAP NO.
12972. REFERENCE IS HEREBY MADE TO SHEET NO. 6 OF SAID MAP FOR
PARTICULARS.
26. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON
THE MAP OF THE TRACT SHOWN BELOW -
MAP NO.: 12972
PROVISIONS: GEOTECHNICAL CAUTION
THE OWNER OF THIS PROPERTY ON BEHALF OF
ITSELF AND ALL OF ITS SUCCESSORS IN INTEREST
HAS AGREED TO HOLD HARMLESS AND INDEMNIFY
THE CITY OF CARLSBAD FROM ANY ACTION THAT
MAY ARISE THROUGH ANY GEOLOGICAL FAILURE,
GROUND, WATER SEEPAGE OR LAND SUBSIDENCE
AND SUBSEQUENT DAMAGE THAT MAY OCCUR ON,. OR
ADJACENT TO, THIS SUBDIVISION DUE TO ITS
CONSTRUCTION, OPERATION OR MAINTENANCE
-8- - -.
CLTA Pretim nary Report rm
Ll
CLTA PRELIMINARY REPORT FORM
- LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
SCHEDULE B
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this ooiicy 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'lim,ted 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 and; (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 f
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 effecting 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 thireof or a notice
of a defect, lien or encumbrance resulting from a violation affecting the land has been recorded in' the public records at One '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 purchlsar
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 Oat. of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for h. insured mortgage
or for the estate or interest insured by this policy.
4. Linenforceability 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 or indebtedness, to comply with the applicable doing business lam, of the state in
which the land 'is situated.
S. Invalidity or unenforcaability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced
by the insuredmortgage and 'is based upon usury or any consumer credit protection or truth in (ending law.
5. Any claim, which arises out of the transaction vesting in the insured the estate or interest of the insured lender, by reison of
the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. ,
EXCEPTIONS FROM COVERAGE '
This policy does not insure agsrnst loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which' arise by
reason of:
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) Unpaterited 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.
(List of Printed Exceptions and Exclusions Continued on Next Page)
FREV 19W sslTr-
CLTA Prel,mnary Report
S
2. AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6.1•87)
-- - EXCLUSIONS
In addition to the Excepttons in Schedule S. you are not insured against toss, costs, attorneys' fees, and expenses resulting from:
1 Governmental police power, and the existence or violation of any law or governmental regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
.- arid use S mprovements 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 Daze
• 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
coverag, in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described and referred to in tern 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.
3. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (4.6-90)
WITH ALTA ENDORSEMENT— FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (4490)
WITH ALTA ENDORSEMENT - FORM 1 COVERAGE
EXCLUSIONS AND COVERAGE
The following matters are expressly excluded from the coverage of this policy and th. Company will not pay loss or damage, costs,
attorneys' fees or expnsis which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regu-
lations) restricting, regulating, prohibiting or relating to Ii) the occupancy, use, orenpoyment of the land; (ii) the character, di
merisions 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.
(List of Printed Exceptions and Exclusions Continued on Next Page)
FR E V 1990
Page 2o STEWART TITLI - --- _
CL.TA Peimriary Report Rrrri
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(bI 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 oc-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 in of
tPe insured mortgagg over any statutory lien for services. laoor or material or to the extent nsurance 's afforded rière,rl me as
to assessments for street improvements under Construction or completed at Date of Policy) or
lel resulting in, loss or damage which would not have been sustained if the insured claimant had paid" value 'for the risurep'
mortgage.
4 Urieriforceability of' rile lien of me insured mortgage because of the inability or failure of the insured at Date of POli'y, or tile'
inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state
i n 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 consumercredit 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 'i,ndebtedness secured by
the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee' insured by this policy, by reason' of me
operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. -
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above
Exclusions from Coverage, the Exceptions from Coverage' in a Standard Coverage policy will also include the following General
Exceptions:
EXCEPTIONS FROM COVERAGE
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:
1. Taxes or assessments which are not shown as existing liens by the records of'an,y taxing authority that levies taxes or assess'
merits 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 nspec.
ttori of' the ('and or by making inquiry of 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. Ia) U'npatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof: (c) water
tights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown'by the public records.,
4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (4-6-90)
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4-6-90)
EXCLUSIONS FROM COVERAGE
T)'e 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. la) Any law, ordinance or governmental regulation (including but not limited to building and zoning, laws, ordinances. or
regulations) restricting, regulating, prohibiting or relating to Ii) the occupancy, use, or enloyment of the land (ii') the char-
acter, dimensions or location of any improvement now or riereafter 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 orotec
tion,, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a not'ce
of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affect-
ing 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
or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been "C'
corded in the public records at Date of Policy. .
(List of Printed Exceptions and Exclusions Continued on Next Page)
EV !99Q ' STE'VART TITL
age2c4 GUARANTY COMP"
CL TA retim nary Report Form
S
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 vaLi,* without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
Ia) created, suffered-aasumed or agreed to by the insured claimant:
(b) not known to the Company, not recorded in tne publiC records at Date of Policy, but known to tne insured claimant
and riot disclosed in writing to the Company by the insured claimant prior to the date the insured claimant oecarne 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
(el 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.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason
of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above
Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General
Exceptions:
EXCEPTIONS FROM COVERAGE
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:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes' or assess-
ments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceediligs, 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 inspec•
tion of the land or by making inquiry of 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 Ac.i 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.
Ei 1990 &TE%'ART 'l'IT'
Gt'A RANT i' Ci,'1P'.