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Home My WebLink AboutMS 05-05; La Costa Greens 1.2 & 1.3; Minor Subdivision (MS)City of Carlsbad Public Works — Engineering August 3, 2006 Fred Arbuckle Real Estate Collateral Management Co. 1903 Wright Place Suite 180 Carlsbad, CA 92008 PROPOSED MINOR SUBDIVISION NO. MS 05-05 APPROVAL LA COSTA GREENS 1.2 AND 1.3 Whereas no review of the conditions of the letter of preliminary approvai was requested by the appropriate date; and whereas the requirements of the California Environmental Quality Act and the City of Carlsbad Environmental Protection Ordinance of 1973 relating to the subject proposed parcel map have been examined by the Planning Director and declared to have a non-significant impact upon the environment; and whereas negative findings delineated by Section 20.24.130 ofthe Carlsbad Municipal Code have not been made; and whereas this minor subdivision is found to be in conformity with the General Plan of the City of Carlsbad; therefore, a final decision has been made to approve the subject tentative parcel map subject to the conditions set forth in the prelirninary approval letter. ROBERT J. WOJCIK, P.E. Deputy City Engineer RJW:ch c: Project Engineer Senior Office Specialist, Dev. Services Project Planner, Barbara Kennedy Management Analyst, Planning HADevelopment Services\Projeots\MS FILES\MS 05\MS 05-05 La Costa Greens - Neigh. 1.2 - Van Peski\Correspondence\MS 05-05 final approval.docRevised: 5/20/02 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 @ City of Carlsbad y ——— Usmjjna Public Works August 3,2006 NOTICE OF APPROVAL OF TENTATIVE PARCEL MAP MINOR SUBDTVISION NO. 05-05 Notice is hereby given that a Tentative Parcel Map has been approved on property generally located along the east side of El Camino Real across from Camino Vida Roble. The project involved is described as subdividing two existing master plan lots into four parcels. APPLICANT: Real Estate Collateral Management Co. STATEMENT OF THE MATTER: Per City of Carlsbad Code Section 20.24.140(b) and the Califomia Subdivision Map Act Section 66452.5(d) any interested person adversely affected by this decision of the City Engmeer may appeal it to the City Council. An appeal to the City Council must be filed at the City Clerks Office and the appeal fee amount listed in the most recent edition of the Carlsbad "Community Development Fees" schedule must be paid. The appeal must be filed with the City Clerk in writing within 10 days of the date of the fmal approval letter (Attached). If you wish to file an appeal please contact the City Clerks office in person. If you have any questions regarding this matter please do not hesitate to contact Glen K. Van Peski at (760) 720-0500. ROBERT J. WOJCikTp.E. Deputy City Engineer RJW:cf Attachment c: Project Engineer Management Analyst, Planning H:\Development Services\PROJECTS\MS FILES\MS 06\MS 05-05 La Costa Greens - Neigh. 1.2 - Van Peski\Administrative Documents\MS 05-05 notice of approval.doc Revised: 5/19/2003 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 City of Carlsbad Public Works — Engineering July 21, 2006 Fred Arbuckle Real Estate Collateral Management Co. 1903 Wright Place Suite 180 Carlsbad, CA 92008 PROPOSED MINOR SUBDIVISION NO. MS 05-05, LA COSTA GREENS 1.2 AND 1.3 A preliminary decision has been made, pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code, to approve the tentative parcel map of the proposed minor subdivision subject to the following conditions: WOrE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed tentative map, must be met prior to approval of a parcel map, building or grading permit whichever occurs first. General 1. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 2. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the tentative parcel map and a digital copy of said map (in AutoCAD format, latest version) reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the City engineer, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, final map, improvement or grading plans, whichever occurs first. The digital file copy shall be submitted in a format as approved by the City Engineer. 3. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this tentative parcel map, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, including an action filed within the time period specified in Government Code Section 66499.37 and (c) Developer's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 4. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner H:\Development Services\PROJECTS\MS FILES\MS 05\MS 05-05 La Costa Greens - Neigh. 1.2 - Van Peski\CoiTespondence\prelimmary approval letter 7-21-06.docLast printed 07/21/2006 4:31:00 PM Page: 1 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 ^ among the owners of the properties within the subdivision. 5. There shall be one Parcel Map recorded for this project. Fees/A qreemente 6. Prior to approval of the parcel map the owner shall pay and/or enter into an agreement with the City to pay any drainage area fees established as a result of the Master Drainage Plan Update. 7. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 8. The Developer shall cause property owner to apply for and obtain reapportionment of the assessments imposed on the subject property in accordance with law governing the associated Assessment District 2002-01 (Poinsettia Lane East), or the assessments must be paid in full. Developer shall pay all associated costs of said reapportionment. The application shall be submitted to the Deputy City Engineer, Planning and Programs, with the application for final map. Dedications/Improvements 9. Developer shall cause Owner to execute a covenant of easement for reciprocal access rights over parcels 2, 3 and 4 as shown on the Tentative Parcel Map. The obligation to execute and record the covenant of easement shall be shown and recording information called out on the Parcel Map. Developer shall provide City Engineer with proof of recordation prior to issuance of building permit. 10. Developer shali cause Owner to make an irrevocable offer of dedication to the City for the 30-foot wide access easement shown on the Tentative Parcel Map. The offer shali be made by a certificate on the Parcel Map, and shown as rejected. 11. Developer shall cause Owner to make an irrevocable offer of dedication to the City for the pubiic utility and storm drain easements shown on the Tentative Parcei Map. The offer shall be made by a certificate on the Parcel Map. Ail land so offered shail be offered free and clear of all liens and encumbrances and without cost. 12. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. 13. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the Tentative Parcel Map and the following improvements including, but not limited to paving, base, signing and striping, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, water, fire hydrants, H:\Development Services\PROJECTS\MS FILES\MS 05\MS 05-05 La Costa Greens - Neigh. 1.2 - Van Peski\CoiTespondence\preliniinary approval letter 7-21-06.docLast printed 07/21/2006 4:31:00 PM Page: 2 street lights and reclaimed water, to City Standards to the satisfaction of the City Engineer. The improvements are: a) Camino Vida Roble street improvements, water, fire hydrants and reclaimed water, and street lights. b) Developer shall design and install modifications to the existing fully- actuated traffic signal, inciuding all appurtenances and traffic signal interconnect conduit and cable, at the intersection of Camino Vida Roble and El Camino Real to the satisfaction of the City Engineer. c) Sewer main, access-hole and stub from the existing sewer line. A list of the above shall be placed on an additional map sheet on the Parcel Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. y^^X^ Developer shall cause Owner to waive direct access rights (except for approved access locations) on the Parcel Map for ail lots abutting El Camino Real. \'^.2f Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. identify existing and post-development on-site pollutants-of-concern; b. identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; c. recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants; e. ensure long-term maintenance of all post construct BMPs in perpetuity; and f. identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. \QP This approval is granted subject to the approval of CUP 05-03, PUD 06-01, and SUP 05- 02 and is subject to all conditions contained in Planning Commission Resolutions No. 6131, 6132 and 6133 for those other approvals. Parcel Map Notes Developer shall show on Parcel Map the net developable acres for each parcel, ^g) Note(s) to the following effect(s) shall be placed on the parcel map as non-mapping H:\DeveIopment Services\PROJECTS\MS F1LES\MS 05\MS 05-05 La Costa Greens - Neigh. 1.2 - Van Peski\Correspondence\preliminary approval letter 7-21-06.docLast printed 07/21/2006 4:31:00 PM Page: 3 data: A. All improvements are privately owned and are to be privately maintained with the exception of the following: 1. Camino Vida Roble street improvements 2. Public sewer, water and reclaimed water improvements 3. Traffic signal modifications at Camino Vida Roble and El Camino Real B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. C. A covenant of easement for private access has been recorded as document no. on , 2006. Carlsbad Municipal Water District Prior to approval of improvement plans or parcel map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shail be served by public water mains to the satisfaction of the District Engineer. J^. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. ^7 I J^. Prior to issuance of building permits. Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. ^-^./TT The Developer shall prepare a colored recycled water use map and submit this map to the Planning Department for processing and approval by the District Engineer. ^]3b The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. The Developer shall install (potable water and/or recycled water services) and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. '^^j ^tjT^ The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Tentative Parcel Map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. H:\Development Services\PROJECTS\MS FILES\MS 05\MS 05-05 La Costa Greens - Neigh. 1.2 - Van Peski\CorTespondence\pre!iminaiy approval letter 7-21-06.docLast printed 07/21/2006 4:31:00 PM Page: 4 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: A. The Tentative Parcel Map shall expire twenty-four (24) months from the date this Tentative Parcel Map approval becomes final. B. Some improvements shown on the tentative parcel map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful. Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements ofthe Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. Developer may request a review of the preliminary decision with the City Engineer in writing within ten (10) days of the date of this letter. Upon such written request the City Engineer shall arrange a time and place with Developer for such review. The City Engineer has reviewed each of the exactions imposed on Developer contained in these conditions of approval, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and degree of the exaction is in rough proportionality to the impact caused by the project. If you have any questions regarding this project you may contact Glen Van Peski at (760) 720- 0500 orgvanp@ci.carlsbad.ca.us. ROBERT J. WOJCIK, P.E. Deputy City Engineer RJW: c: Project Planner / Project Engineer H:\Development Services\PROJBCTS\MS FILES\MS 05\MS 05-05 La Costa Greens - Neigh. 1.2 - Van Peski\Correspondence\preliminaty approval letter 7-21-06.docLast printed 07/21/2006 4:31:00 PM Page: 5 PARCEL MAP GUARANTEE Guarantee No. 603 04 0374 USO Dated: NOVEMBER 7, 2006 at 7:30 AM Subdivision: LA COSTA GREENS NEIGHBORHOODS 1.2 AND 1.3 Fee: Map No. MAP #14543 CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES The County of SAN DIEGO and any City within which said subdivision is located in a sum not exceeding $1,000.00 that, according to those public records which, under the recording law, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of tlie Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said map are set forth in Schedule A. Issuing Office: 2365 NORTHSIDE DRIVE SUITE 500 SAN DIEGO, CA 92108 (619) 521-3400 Fax: (619) 521-3605 CHICAGO TITLE INSURANCE COMPANY By:/ John Rau President Thomas J. Adams Secretary Authorized Signature PMG - 10/26/35 AA Order No: 603040374 - U50 Dated: November 7, 2 006 at?: 30 A.M. Subdivision: LA COSTA GREENS NEIGHBORHOODS 1.2 AND 1.3 MapNo; Fax Number: (619)544-6292 SCHEDULE A The map hereinbefore referred to is a subdivision of: PARCEL A: (APN: 213-110-02) LOT 2 OF CARLSBAD TRACT NO. 99-03 LA COSTA GREENS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14543, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 12, 2003. PARCEL B: (APN: 213-110-03) LOT 3 OF CARLSBAD TRACT NO. 99-03 LA COSTA GREENS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14543, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 12, 2003. The parties hereinbefore referred to are: OWNER: REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A DELAWARE CORPORATION TRUST DEED HOLDERS: HFC COMMERCIAL REALTY, INC., A DELAWARE CORPORATION AS BENEFICIARY UNDER DEED OF TRUST RECORDED NOVEMBER 17, 1988 AS FILE NO. 88-592631 OF OFFICIAL RECORDS EASEMENT HOLDERS: (1) THE SIGNATURE OF SAN DIEGO GAS AND ELECTRIC COMPANY, OWNER OF AN EASEMENT AS DISCLOSED BY DEED RECORDED JULY 27, 1960 AS FILE NO. 151772 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (2) THE SIGNATURE OF THE COUNTY OF SAN DIEGO, OWNER OF AN EASEMENT AS DISCLOSED BY DEED RECORDED JULY 24, 1970 AS FILE NO. 130797 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (3) THE SIGNATURE OF CITY OF CARLSBAD, OWNER OF AN EASEMENT AS DISCLOSED BY DEED SEE ATTACHED EXHIBIT SUBDIVA - 12/22/88 Policy No. Page 1 EXHIBIT RECORDED FEBRUARY 13, 1998 AS FILE NO. 1998-0077512 DECEMBER 6, 2005 AS FILE NO. 2005- 01050107, DECEMBER 7, 2005 AS FILE NO. 2005-01054411, JULY 19, 2006 AS FILE NO. 2006- 0508575, JULY 27, 2006 AS FILE NO. 2006-0531161, ALL OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (4) THE SIGNATURE OF THE CITY OP CARLSBAD, HOLDER OF AN EASEMENT AS DEDICATED ON MAP NO. 14543, FILED FEBRUARY 12, 2003 AS FILE NO. 2003-0164456, OFFICIAL RECORDS. SAID EASEMENT CANNOT RIPEN INTO A FEE. (5) THE SIGNATURE OF ECR CORPORATE CENTER, L.P., OWNER OF AN EASEMENT AS DISCLOSED BY DEED RECORDED JANUARY 26, 2006 AS FILE NO. 2006-0058208 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (6) THE SIGNATURE OF SAN MARCOS COUNTY WATER DISTRICT, OWNER OF AN EASEMENT AS DISCLOSED BY DEED RECORDED JANUARY 27, 196 9 AS FILE NO. 15564 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. EXHIBITB - 12/22/88 SUBDIVISION GUARANTEE Guarantee No: Order No: 53040070 - USO Liability: $ Fee: $ CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES The! Coufily of SAN DIEGO and any City within which said subdivision is loceted ip/a sum not exceeding $ that, according to those public records which, under the recording laws, innpart constructive notice of nnatters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said map are set forth in Schedule A. The map hereinbefore referred to is Dated: July 7, 2006 Issued by: 2365 NORTHSIDE DRIVE SUITE 500 SAN DIEGO, CA 92108 (619) 521-3400 Fax: (619) 521-3605 CHICAGO TITLE INSURANCE COMPANY By: Authorized Signatory CLTA Guarantee Form No. 14 (Rev. 4-10-75) SUBFACE - 03/06/03 AA )Y QUIRK President TODD JOHNSO: Secretary Ord'er No: Dated: Subdivision: 53040070 - U50 July 7, 2006 at7 : 30 A.M. MapNo; Pax Number: (619)544-6292 SCHEDULE A The map hereinbefore referred to is a subdivision of: LOT 2 OF CARLSBAD TRACT NO. 99-03 LA COSTA GREENS, IN THE CITY OP CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14543, FILED IN THE OFFICE OF THE COUNTY RECORDER OP SAN DIEGO COUNTY, FEBRUARY 12, 2003. APN 213-110-02 The parties hereinbefore referred to are: OWNER: REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A DELAWARE CORPORATION TRUST DEED HOLDERS: CHICAGO TITLE COMPANY, TRUSTEE UNDER DEED OF TRUST RECORDED NOVEMBER 17, 1988 <'AFNN 88-592631, OFFICIAL RECORDS. EASEMENT HOLDERS: (1) THE SIGNATURE OF SAN DIEGO GAS AND ELECTRIC COMPANY, OWNER OF AN EASEMENT AS DISCLOSED BY DEED RECORDED JULY 27, 1960 AS DOCUMENT NO. 151772 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (2) THE SIGNATURE OF THE CITY OF CARLSBAD, OWNER OF EASEMENTS AS DISCLOSED BY DEEDS RECORDED JULY 24, 1970 AS DOCUMENT NO. 130797 AND DECEMBER 6, 2005 AS FILE NO. 2005-1050107, BOTH OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. SEE ATTACHED EXHIBIT SUBDFVA-12/22/88 Policy No. Page 1 14543, FILED EXHIBIT (3) THE CITY OF CARLSBAD, HOLDER OP RIGHTS AS DEDICATED ON MAP NO. FEBRUARY 12, 2003. SAID EASEMENT CANNOT RIPEN INTO A FEE. (4) THE SIGNATURE OF ECR CORPORATE CENTER, OWNER OF AN EASEMENT AS DISCLOSED BY DEED RECORDED JANUARY 26, 2006 AS FILE NO. 2006-0058208 OF OPFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OP SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. EXHlBrrB-12/22/88