HomeMy WebLinkAboutMS 05-23; CARLSBAD BEACH RESORT AND SPA; Minor Subdivision (MS)].4 -
ICTII': of Caflsbad
r Faraday Center
Faraday Cashiering 001
0527901-3 10/06/2005 15
T|TU 0ct06,2005 03:56 PM
PERMITS - PFRMITS
Tran Nbr: 052790103 0043 0052
Trans/Rcpt#: R0053114
SET #: MS050023
$131,72
1 ITEM(S); TOTAL:
Check (Chk# m^vm
Total Received:
Have a nice 'lay!
$i31.72
$131.72
$131,72
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 9200!
•OlWIillllll
Applicant: HOFFMAN PLANNING
Description Amount
MS050023 131.72
Receipt Number: R0053114 Transaction ID: R0053114
Transaction Date: 10/06/2005
Pay Type Method Description Amount
Payment Check 6722 131.72
Transaction Amount: 131.72
/IS
I
City of Carlsbad
Faraday Center
Faraday Cashiering 001
0525101-2 09/08/2005 15
Thu Sep08,2005 10:22 AM
PERMITS - PERMITS $3,165,00
Tran Nbr: 052510102 0002 0002
Trans/Rcpt#: R0052473
SET #: MS050023
1 ITEM(S): TOTAL: $3,165,00
Check (Chk# 006612) $3J65.00
Total Received: $3J65.00
Have a nice day!
-.t:*^ CUw i (ji'iER COPY****-***'*'*'*'***
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 9200!
•lllllllllllll
Applicant: HOFFMAN PLANNING
Description Amount
MS050023 3,165.00
Receipt Number: R0052473 Transaction ID: R0052473
Transaction Date: 09/08/2005
Pay Type Method Description Amount
Payment Check 6612 3,165.00
Transaction Amount: 3,165.00
CITY OF CARLSBAD
Community Facilities District No. 1
Spread of Annual Special Taxes for Fiscal Year 2010/11
Un-Local Pai^'ci- Taxable Date of Improve-Assessors Facilities pation Taxable Acres/ Builaing ment Parcel No. MomtZone Date Ownership SqFeet* Permit Area Category Tax
Commercial
Land Use Developed Pass-Thru Tax
Total Annual Special Tax
214-064-01-00 22 05/07/91 NO 0.6600 1 PI
22 05/07/91 NO 0.6700 1 . 0
214-065-01-00 22 05/07/91 NO 0.1600 1 0
22 05/07/91 NO 0.1500 1 PI
214-140-13-00 20 05/07/91 YES 30.0000 10/06/95 1 OS
214-140-39-00 20 05/07/91 NO 1 OS
214-140-45-00 20 05/07/91 NO 8.4500 1 E
214-150-08-00 22 05/07/91 YES 1.3200 01/27/95 1 0
22 05/07/91 YES 1.3100 01/27/95 1 RM
214-150-19-00 22 05/07/91 NO 1 OS
214-150-20-00 22 05/07/91 NO 1 RM
214-160-19-00 22 05/07/91 YES 0.4600 1 TS
22 05/07/91 YES 0.4500 1 RMH
214-160-24-00 22 05/07/91 YES 1.3800 1 TS
22 05/07/91 YES 1.3700 1 RMH
214-160-28-00 22 05/07/91 YES 0.4600 1 TS
22 05/07/91 YES 0.4600 1 RMH
214-160-34-00 22 05/07/91 YES 0.0600 1 TS
22 05/07/91 YES 0.0600 1 RMH
214-300-08-00 20 05/07/91 YES 0.6800 09/16/92 1 RM
214-300-09-00 20 05/07/91 NO 1 RM
214-430-22-00 9 05/07/91 YES 1.2200 07/21/05 1 0
214-430-23-00 9 05/07/91 YES 1.1400 01/31/01 1 C
214-430-24-00 9 05/07/91 YES 0.9200 12/07/05 1 C
214-450-20-00 22 05/07/91 YES 0.7800 1 TS
214-450-29-00 22 05/07/91 YES 4.9000 02/18/00 1 RH
22 05/07/91 YES 03/10/00 1 RH
22 05/07/91 YES 03/10/00 1 RH
22 05/07/91 YES 03/17/00 1 RH
22 05/07/91 YES 03/17/00 1 RH
214-530-01-00 20 05/07/91 YES 0.1573 05/22/96 1 RM
214-530-02-00 20 05/07/91 YES 0.1596 05/22/96 1 RM
214-530-03-00 20 05/07/91 YES 0.1719 05/22/96 1 RM
214-530-04-00 20 05/07/91 YES 0.1628 05/22/96 1 RM
214-530-05-00 20 05/07/91 YES 0.1637 05/22/96 1 RM
214-530-06-00 20 05/07/91 YES 0.2847 06/21/96 1 RM
214-530-07-00 20 05/07/91 YES 0.1823 06/21/96 1 RM
214-530-08-00 20 05/07/91 YES 0.1822 06/2T/96 1 RM
214-530-09-00 20 05/07/91 YES 0.1820 06/21/96 1 RM
214-530-10-00 20 05/07/91 YES 0.1820 10/01/96 1 RM
214-530-11-00 20 05/07/91 YES 0.1820 10/01/96 1 RM
214-530-12-00 20 05/07/91 YES 0.1820 10/01/96 1 RM
214-530-13-00 20 05/07/91 YES 0.1820 10/01/96 1 RM
214-530-14-00 20 05/07/91 YES^ 0.1820 11/08/96 1 RM
214-530-15-00 20 05/07/91 YES 0.1410 11/08/96 1 RM
214-530-16-00 20 05/07/91 YES 0.1410 11/08/96 1 RM
214-530-17-00 20 05/07/91 YES 0.1410 11/08/96 1 RM
214-530-18-00 20 05/07/91 YES 0.1400 11/08/96 1 RM
214-530-19-00 20 05/07/91 YES 0.1610 11/08/96 1 RM
214-530-20-00 20 05/07/91 YES 0.1420 11/08/96 1 RM
214-530-21-00 20 05/07/91 YES 0.1370 11/08/96 1 RM
214-530-22-00 20 05/07/91 YES 0.1370 11/08/96 1 RM
214-530-23-00 20 05/07/91 YES 0.1300 11/08/96 1 RM
214-530-24-00 20 05/07/91 YES 0.1450 11/08/96 1 RM
214-530-25-00 20 05/07/91 YES 0,1370 11/08/96 1 RM
214-530-26-00 20 05/07/91 YES 0.1370 11/08/96 1 RM
214-530-27-00 20 05/07/91 YES 0,1400 10/01/96 1 RM
214-530-28-00 20 05/07/91 YES 0.1450 10/01/96 1 RM
so Software 1996 Page 89 Run: Wednesday, August 4, 2010 @ 09:36:17
CITY OF CARLSBAD
Community Facilities District No. 1
Spread of Annual Special Taxes for Fiscal Year 2010/11
Assessor's
Parcel No.
Local Partici-Taxable D?te.of Improve-
Facilities pation Taxable Acres/ Building ment
Un- Commercial Total Land Use Developed Pass-Thru Annual
Tax Tax
214-580-06-05 20 05/07/91 YES 0.0976 04/11/00 1 RM
214-580-06-06 20 05/07/91 YES 0,0976 04/11/00 1 ' RM
214-580-06-07 20 05/07/91 YES 0,0976 04/11/00 1 RM
214-580-06-08 20 05/07/91 YES 0,0976 04/11/00 1 RM
214-580-06-09 20 05/07/91 YES 0.0976 04/11/00 1 RM
214-580-06-10 20 05/07/91 YES 0.0976 04/11/00 1 RM
214-580-06-11 20 05/07/91 YES 0.0976 04/11/00 1 RM
214-580-06-12 20 05/07/91 YES 0.0976 04/11/00 1 RM
214-580-06-13 20 05/07/91 YES 0.0976 04/11/00 1 RM
214-580-06-14 20 05/07/91 YES 0,0976 04/11/00 1 RM
214-580-06-15 20 05/07/91 YES 0,0976 04/11/00 1 RM
214-580-06-16 20 05/07/91 YES 0,0976 04/11/00 RM
214-580-06-17 20 05/07/91 YES 0.0976 04/11/00 1 RM
214-580-07-01 20 05/07/91 YES 0.2013 04/11/00 RM
214-580-07-02 • 20 05/07/91 YES 0.2013 04/11/00 RM
214-580-07-03 20 05/07/91 YES 0.2013 04/11/00 RM
214-580-07-04 20 05/07/91 YES 0.2013 04/11/00 RM
214-580-07-05 20 05/07/91 YES 0,2013 04/11/00 RM
214-580-07-06 20 05/07/91 YES 0.2013 04/11/00 RM
214-580-07-07 20 05/07/91 YES 0.2013 04/11/00 RM
214-580-07-08 20 05/07/91 YES 0,2013 04/11/00 RM
214-580-07-09 20 05/07/91 YES 0,2013 04/11/00 RM
214-580-07-10 20 05/07/91 YES 0.2013 04/11/00 RM
214-580-07-11 20 05/07/91 YES 0.2013 04/11/00 RM
214-580-07-12 20 05/07/91 YES 0,2013 04/11/00 RM
214-580-07-13 20 05/07/91 YES 0.2013 04/11/00 RM
214-580-07-14 20 05/07/91 YES 0.2013 04/11/00 RM
214-580-07-15 20 05/07/91 YES 0.2013 04/11/00 RM
214-580-07-16 20 05/07/91 YES 0.2013 04/11/00 RM
214-590-01-00 22 05/07/91 YES 1,0700 OS
214-590-04-00 22 05/07/91 YES 1.2400 TS
214-590-05-01 22 05/07/91 YES 07/05/00 RMH
214-590-05-02 22 05/07/91 YES 07/05/00 RMH
214-590-05-03 22 05/07/91 YES 07/05/00 RMH
214-590-05-04 22 05/07/91 YES 07/05/00 RMH
214-590-05-05 22 05/07/91 YES 07/05/00 RMH
214-590-05-06, 22 05/07/91 YES 07/05/00 RMH
214-590-05-07 22 05/07/91 YES 07/05/00 RMH
214-590-05-08 22 05/07/91 YES 07/05/00 RMH
214-590-05-09 22 05/07/91 YES 08/25/00 RMH
214-590-05-10 22 05/07/91 YES 07/05/00 RMH
214-590-05-11 22 05/07/91 YES 07/05/00 RMH
214-590-05-12 22 05/07/91 YES 07/05/00 RMH
214-590-05-13 22 05/07/91 YES# 07/05/00 RMH
214-590-05-14 22 05/07/91 YES 07/05/00 RMH
214-590-05-15 22 05/07/91 YES 07/05/00 RMH
214-590-05-16 22 05/07/91 YES 07/05/00 RMH
214-590-05-17 22 05/07/91 YES 07/05/00 RMH
214-590-05-18 22 05/07/91 YES 07/05/00 RMH
214-590-05-19 22 05/07/91 YES 07/05/00 RMH
214-590-05-20 22 05/07/91 YES 07/05/00 RMH
214-590-05-21 22 05/07/91 YES 07/05/00 RMH
214-590-05-22 22 05/07/91 YES 07/05/00 RMH
214-590-05-23 22 05/07/91 YES 07/05/00 RMH
214-590-05-24 22 05/07/91 YES 07/05/00 RMH
214-590-05-25 22 05/07/91 YES 07/05/00 1 RMH
214-590-05-26 22 05/07/91 YES 07/05/00 1 RMH
214-590-05-27 22 05/07/91 YES 07/05/00 1 RMH
SD Software 1996 Page 99 Run: Wednesday, August 4, 20/0 @ 09:36:18
ENGINEERING DEPARTMENT
FEE CALCULATION WORKSHEET^ th 10 - iU^^
• Estimate based on unconfirmed information from applicant. JL. ^ ^ ^ ^ ^X\l^
• Calculation based on building plancheck plan submittal. j
Address: 1 Z<^0 "^T^ Bldg. Permit No. ^'ih 10 —
Prepared by: Date: Checked by: Date:
EDU CALCULATIONS: List types and square footages for all uses.
Types of Use: Z /^i Sq. Ft./gnK^__£_£f___ EDU's:
Types of Use: ^/^ -^J^ cS5^/Units: EDU's: ^-SS I ///^^^^
Types of \}z%'/<M^ce.'^l'%i gqrFt^/Units: //^^'=^ EDU's: '-^^
Types of Use:^/^mf- 'SqT^fe/Units: ZV ^ 77r^// EDU's: 3^' •
ADT CALCULATIONS: List types and square footages for all uses.
Types of Use: Z/^ /k-^s Sq. Ft(yUnhs: ^ ADT's: ^, '^2^
Types of Use: j/^-^ S;/^ dgTits^Unlts: ADT's: ?yC> ^ L ^
Types of Use:^ig^^ 7/^^ ggS>/Units: ^/u-^<=> ADT's: /
Types of Use:C/'^f r§qIfe/Units: ^"^^3=^ ADT's: ^^0^^
FEES REQUIRED: - ? /; ,/.///T
WITHIN CFDrd YESino bridge & thoroughfare fee In District #1, reduced Traffic Impact Fee) S^NO
• 1. PARK-IN-LIEU FEE: NW QUADRANT NE QUADRANT SE QUADRANT SW QUADRANT
FEE/UNIT: X NO. UNITS: = $ ^
• 2. TRAFFIC IMPACT FEE ^/^~^ 9^
IKDVslUHnS: _A^3±_ X FEE/ADT: /^^^ 5^5,^5^
• 3. BRIDGE AND THOROUGHFARE FEE (DIST. #1 v DIST. #2 DIST. #3 )
ADT's/UNITS; O^'f- X FEE/ADT:^^S^^ =$ ^
• 4. FACILITIES MANAGEMENT FEE x ZONE: ^'^^^
UNIT/SQ.FT.: ^ X FEE/SQ.FT./UNIT: ^ =$
• 5. SEWER FEE
EDU's:
BENEFIT AREA : ^ ^
EDU's: ^Z^i£^ X FEE/EDU:^^ //, ^
• 6. DRAINAGE FEES PLDA 3 : HIGH ^ /MEDIUM /LOW
• ACRES: X FEE/AC: 7^^ 7^ '/^^0B^'-± ^
• 7. POTABLE WATER FEES /
•jUNITS CODE CONNECTION FEE METER FEE SDCWA FEE IRniQATION
MHYVy(ASTERS«^EE CALCULATION WORKSHEET.doc2008.doc ^ Rev. 7/14/00
Meter Size Fees by Meter Type Meter Size
Displacement Turbo
(All Irrigation Meters) Turbine
5/8" $3,549.00 N/A N/A
3/4" $5,060,00 N/A N/A
1" $7,988.00 N/A N/A
1-1/2" $15,088.00 $17,714.00 N/A
2" $22,771.00 $28,401.00 V N/A
3" $39,938.00 $62,125.00 N/A
4" $62,125.00 $177,501.00 $101,682.00
6" $115,376.00 $355,000.00 $211,837.00
8" $136,367.00 $497,167.00 $244,118.00
The following language is based on Carlsbad Municipal Water District Ordinance 45: Where a
single family residential water meter is required to be 1" due to a fire sprinkler requirement, the
Connection Fee, SDCWA System Capacity Charge and the Water Treatment Capacity Charge
will be based on the size ofthe meter necessary to meet the water use requirements, not the
actual meter size of 1".
Meter Size Price Per Meter
CMWD: 501-6310-5124
SDCWA System
Capacity Charge
(Fees set by SDWCA)
CMWD: 501-0000-2351
Water Treatment
. Capacity Charge
(Fees set by SDWCA)
CIVIWD: 501-0000-2350
5/8" Displacement $331.00 $4,326.00 $166.00
Fire Protection - based on
size of meter
Meter fee N/A N/A
3/4" Displacement $364.00 $4,326.00 $166.00
r Displacement $403.00 $6,922.00 $266.00
1-1/2" Displacement $628.00 $12,978.00 $498.00
1-1/2' Turbo $1,158.00 $12,978.00 $498.00
2" Displacement $776.00 $22,495.00 $863.00
2" Turbo $1,388.00 $22,495.00 $863.00
Construction Meter $115.00 Rental
$992.00 * Deposit
N/A
• 501-0000-2702
N/A
* 501-0000-2702
3" Actual cost $39,874.00 $1,531.00
4" Actual cost $68,118.00 $2,615.00
6" Actual cost, $68,118.00 $2,615.00
8" Actual cost Contact SDCWA Contact SDCWA
FEE SCHEDULE 09/01/10 PAGE 34
02-04-2011
City of Carlsbad
1635 Faraday Av Carlsbad, CA 92008
Gommerciai/lndustrlal Permit Permit No: CB110227
Building Inspection Request Line (760) 602-2725
Job Address:
Permit Type:
Parcel No:
Valuation:
Occupancy Group:
Project Title:
Applicant:
MICHAEL TRIA
2359 4TH AVE
CA
92101
619-233-6777
7206 PONTO DR CBAD
COMMIND Sub Type: HOTEL
2141601000 Lot#: 0
$4,154,257.00 Construction Type: 5A
R6f6r6nc6
HILTON HOTEL: 94,630 SF ABOVE
GROUND 3 LEVEL PARKING STRUCTURE
Status:
Applied:
Entered By:
Plan Approved:
Issued:
Inspect Area:
Plan Check#:
Owner:
WAVE CREST OCEANFRONT LLC
c/o WILLIAM SHANNAHAN
1200 PROSPECT ST #425
LA JOLLA CA 92037
PENDING
02/01/2011
JMA
PC110005
Building Permit $10,113.44 Meter Size
Add'l Building Permit Fee $0.00 Add'l Red. Water Con. Fee $0.00
Plan Check $6,573.74 Meter Fee $364.00
Add'l Plan Check Fee $0.00 SDCWA Fee . $4,492.00
Plan Check Discount $0.00 CFD Payoff Fee $0.00
Strong Motion Fee $872.39 PFF (3105540) $0.00
Park Fee $0.00 PFF (4305540) $0.00
LFM Fee $0.00 License Tax (3104193) $0.00
Bridge Fee $0.00 License Tax (4304193) $0.00
BTD #2 Fee $0.00 Traffic Impact Fee (3105541) $0.00
BTD #3 Fee $0.00 Traffic Impact Fee (4305541) $0.00
Renewal Fee $0.00 PLUMBING TOTAL $0.00
Add'l Renewal Fee $0.00 ELECTRICAL TOTAL $0.00
other Building Fee $0.00 MECHANICAL TOTAL $0.00
Pot. Water Con. Fee $5,060.00 Master Drainage Fee $0.00
Meter Size D3/4 Sewer Fee $0.00
Add'l Pot. Water Con. Fee $0.00 Redev Parking Fee $0.00
Reel. Water Con. Fee $0.00 Additional Fees $0.00
Green Bldg Stands (SB1473) Fee $164.00 HMP Fee $0.00
Fire Expedited Plan Review $2,972.50
TOTAL PERMIT FEES $30,612.07
Total Fees: $30,612.07 Total Paynnents To Date: $0.00 Balance Due: $30,612.07
Inspector:
FINAL APPROVAL
Date: Clearance:
NOTICE: Please take NOTICE that approval of your project includes the "Imposition" of fees, dedications, reservations, or other exactions hereafter collectively
refen-ed to as lees/exactions.' You have 90 days from the date this permit was Issued to protest imposition of these fees/exactions. If you protest them, you must
follow/ the protest procedures set forth In Government Code Section 66020(a), and file the protest and any other required information with the City Manager for
processing In accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack,
review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity
changes, nor planning, zoning, grading or other similar application processing or sen/ice fees In connection with this project. NOR DOES IT APPLY to any
fees/exactions of which vou have oreviouslv been olven a NOTICE similar to this, or as to which the statute of limitations has previouslv othenvise exoired.
02-04-2011
Job Address:
Permit Type:
Parcel No:
Reference #:
Project Title:
City of Carlsbad
1635 Faraday Av Carisbad, CA 92008
Water Meter Permit Permit No:WM 110003
Building Inspection Request Line (760) 602-2725
7250 PONTO DR CBAD
WMETER
2145900400 Lot#:
SDP 05-14
Construction Type:
0
NEW
CARLSBAD HILTON
Status:
Applied:
Entered By:
Plan Approved:
Issued:
Inspect Area:
PENDING
02/04/2011
KML
Applicant:
HOFMAN PLANNING AND ENGINEERING
3152 LIONSHEAD AV
CARLSBAD CA 92010
760-438-1465
Owner:
WAVE CREST RESORTS II LLC
STE A
829 2ND ST
ENCINITAS CA 92024
760-753-2440
Potable
Units
1
0
0
Meter Size
T1.5
Add'l Connection Fee
Reclaim
0
0
0
Add'l Connection Fee
Jumper Fee
Construction Meter Rental
Construction Meter Deposit
Service install Fee
Sewer Lateral Fee
Additional Fees
TOTAL PERMIT FEES
Meter/SDCWA Fee
$14,634.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Connection Fee
$16,912.00
$0.00
$0.00
$802.00
$0.00
$0.00
$0.00
$0.00
$0.00
$32,348.00
Total Fees: $32,348.00 Total Payments To Date: $0.00 Balance Due: $32,348.00
Inspector:
FINAL APPROVAL
Date: Clearance:
NOTICE: Please take NOTICE that approval of your project includes the "Imposition" of fees, dedications, reservations, or other exactions hereafter collectively
referred to as lees/exactlons." You have 90 days from the date this pemiit was issued to protest imposition of these fees/exactions. If you protest them, you must
follow the protest procedures set forth In Government Code Section 66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack,
review, set aside, void, or annul their Imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity
changes, nor planning, zoning, grading or other similar application processing or sen/Ice fees in connection with this project. NOR DOES IT APPLY to any
fees/exactions of which vou have oreviouslv been given a NOTICE similar to this, or as to which the statute of limitations has previouslv otherwise expired.
02-04-2011
City of Carlsbad
1635 Faraday Av Carlsbad, CA 92008
Commercial/Industrial Permit Permit No:
Building Inspection Request Line (760) 602-2725
CB101660
Job Address:
Permit Type:
Parcel No:
Valuation:
Occupancy Group:
Project Title:
Applicant:
MICHAEL TRIA
2359 4TH AVE
CA
92101
619-233-6777
7205 PONTO DR CBAD
COMMIND Sub Type:
2141601000 Lot#:
$17,400,088.11 Construction Type:
Reference #:
HILTON: 175,769 SF HOTEL W/
28,844 SF BASEMENT PARKING
HOTEL
0
5A
status:
Applied:
Entered By:
Plan Approved:
Issued:
Inspect Area:
Plan Check#:
Owner:
WAVE CREST RESORTS II L L C
828 2ND ST
ENCINITAS CA 92024
PENDING
09/09/2010
JMA
PC110005
Building Permit $37,267.74 Meter Size T2
Add'l Building Permit Fee $0.00 Add'l Reel. Water Con. Fee $1,286.00
Plan Check $24,224.03 Meter Fee $2,940.00
Add'l Plan Check Fee $0.00 SDCWA Fee $46,716.00
Plan Check Discount $0.00 CFD Payoff Fee $270,068.70
strong Motion Fee $3,654.02 PFF (3105540) $316,681.60
Park Fee $0.00 PFF (4305540) $0.00
LFM Fee $0.00 License Tax (3104193) $0.00
Bridge Fee $0.00 License Tax (4304193) $0.00
BTD #2 Fee $0.00 Traffic Impact Fee (3105541) $373,563.48
BTD #3 Fee $0.00 Traffic Impact Fee (4305541) $0.00
Renewal Fee $0.00 PLUMBING TOTAL $6,601.00
Add'l Renewal Fee $0.00 ELECTRICAL TOTAL $2,510.00
other Building Fee $0.00 MECHANICAL TOTAL $4,174.50
Pot. Water Con. Fee $45,542.00 Master Drainage Fee $70,084.44
Meter Size D2 Sewer Fee $201,944.40
Add'l Pot. Water Con. Fee $0.00 Redev Parking Fee $0.00
Reel. Water Con. Fee $27,115.00 Additional Fees $0.00
Green Bldg Stands (SB1473) Fee $696.00 HMP Fee $0.00
Fire Expedited Plan Review $2,972.50
TOTAL PERMIT FEES $1,438,041.41
Total Fees: $1,438,041.41 Total Payments To Date: $25,959.35 Balance Due: $1,412,082.06
Inspector:
FINAL APPROVAL
Date: Clearance:
NOTICE: Please take NOTICE that approval of your project Includes the "Imposition" of fees, dedications, reservations, or other exactions hereafter collectively
refened to as lees/exactions." You have 90 days from the date this pennit was Issued to protest Imposition of these fees/exactions. If you protest them, you must
follow the protest procedures set forth In Govemment Code Section 66020(a), and file the protest and any other required information with the City Manager for
processing In accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack,
review, set aside, void, or annul their Imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity
changes, nor planning, zoning, grading or other similar application processing or senice fees In connection with this project. NOR DOES IT APPLY to any
fees/exactions of which vou have previouslv been given a NOTICE similar to this, or as to which the statute of limitations has oreviouslv otherwise expired.
CITY OF
CARLSBAD
APPLICATION
ENGINEERING
PLANCHECK
E-23
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
Complete ati appropriate information. Write N/A when not applicable m
Date: /O / 3// / Proiect Name: 9dirLe.\ OAzLp toM^ C.O.C. ,
Project Description: O^Ax^xf T^KtL rk Cc^^C<Lk^cyC\ fAxeS. HCU-n^L CJnancjt:
Project Address:.
Lot No(s).: PgLCdfJ i-Map No :fM Zo€y\^ APN(s):.
Numtaerof Lots: Oilg. "t'R^trva.yyW" Number of Acres: ^af.f^i^rbyj) Miles of Trails: P/A
Owner
Mailing Address:
Phone Numtjer:
Fax Number;
E-mail;
I certify that I am 1t»
information is
Signature:^^
^ ^Applicant;
-ItM lS-h -2.440
er and that all the above
ct to the best of my knowledge.
Date; lO i3 if
(A.<\a\?-9A, Ca^. nTO\P
Civil Engineer
Firm;
Mailing Address;
Phone Number
Fax Number;
E-mail;
State Registration Number; PLS Qt iib&i
Mailing Address;
Phone Number
Fax Number;
E-mail;
SIgnatui Date; /o/^/n
Soils Eri^
Firm;
Mailing Address;
Phone Number;
Fax Number;
E-mail;
state Registration Number;
Additional Comments;
IMPROVEMENT VALUATION
1. What water district is the proposed project located in? (check one)
• Carlsbad Municipal Water District • Olivenhain • Vallecitos
2. if in tfie Cartsbad Municipal Water District, what is the total cost estimate, including me 15% contingency fee, for
water and reclaimed water improvements, sewer (for Carisbad Municipal Water District only), street, public
(median) landscape and irrigation, and drainage improvements (if applicable)? $
cut .cy fill .cy
GRADING QUANTITIES
remedial cy import .cy export. cy
E-23 Page 1 of 2 REV 4/30/10
••^,.
CITY OF
CARLSBAD
APPLICATION
ENGINEERING
PLANCHECK
E-23
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
ADO) l/-*ATI/-*K> C/-\D FOR CITY USE ONLY 1
APrLIL/A 1 lUN rUK
(check all that apply) Project
I.D.
Drawing
Number
Deposit /Fees
Paid
Comments
• Adjustment Plat (ADJ)
PfCertificate of Compliance (CE)
• Dedication of Easement (PR)
Type;
Tvoe;
• EnCToachment Permit (PR)
• Final Map (FM)
• Grading Piancheck (DWG)
£3 Improvement Rancheck (DWG)
• Parcel Map (PM)
• Quitclaim of Easement (PR)
Tvoe;
O Reversion to Acreage (RA)
• street Vacation (STV)
• Tentative Parcel Map (MS)
• Certificate of Correction (CCOR)
• Covenant of Easement (PR)
~Q Substantial Conformance
Exhibrt (SCE)
• Tt^ajls^ • < mile • > mile
aether CtAJ^cAGnhjtch^,
APPLICATION ACCEPTED BY: APPLICATION RECEIVED
/f)//y/y
E-23 Page 2 of 2 REV 4/30/10
CITY
CARLSBAD
O F
APPLICATION
ENGINEERING
PLANCHECK
E-23
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.ca risba dca .go V
Complete all appropriate Information. Write N/A when not applicable.
Project Name: HILTDM CAftLSBAD QCeAt^f^o'^T Date:
Project Description: ZI5 fiocM fesoiZJ tioTEt
Project Address:.
Lot No(s).:
Number of Lots:
Map No.:
Number of Acres:
APN(s):
Miles of Trails:*^
Owner:
Mailing Address:
Phone Number:
Fax Number
E-mail:
£2^ SECOI^O STRBST, STE. A
EHOtiiTAS, CA ^iDl'i
(.lied) 7^3 ^.W'H)
(Tf,c^ 75-3
Wcresort(*> pti6bell.net
I certify that I am the legal owner and that all the above
infonnation is true
Signature'/'^-^-
is tme aftd correct^o the best of my l<nowledge.
Applicant:
Mailing Address:
Phone Number
Fax Number
E-mail:
Signature' Date/^-^2-Sr- Iv
Civil Engineer
Firm:
Mailing Address:
Phone Number:
Fax Number:
E-mail:
\1SL, EL N>\00 i>2iv/£.
(nu>) 723
jim g eisurvey. com
state Registration Number: PlS ^ (P331P
Soils Engineer
Firm:
Mailing Address:
Phone Number:
Fax Number:
E-mail:
state Registration Number:
Additional Comments:
IMPROVEMENT VALUATION
1. What water district is the proposed project located in? (check one)
^ Carisbad Municipal Water District D Olivenhain D Vallecitos
2. If in the Carisbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for
water and reclaimed water improvements, sewer (for Carisbad Municipal Water District only), street, public
(median) landscape and irrigation, and drainage improvements (if applicable)? $ K.\JA.
cut .cy fill cy
GRADING QUANTITIES ^^jf]
remedial cy import _ .cy export. cy
E-23 Page 1 of 2 REV 4/30/10
^^55^ CITY
CARLSBAD
O F
APPLICATION
ENGINEERING
PLANCHECK
E-23
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
Complete all appropriate Information. Write N/A when not applicable.
APPLICATION FOR
(check all that apply)
FOR CITY USE ONLY APPLICATION FOR
(check all that apply) Project
I.D.
Drawing
Number
Deposit /Fees
Paid
Comments
• Adjustment Plat (ADJ)
^0^, -—
O Certificate of Compliance (CE)
^0^, -—
^ Dedication of Easement (PR)
•
^0^, -— Type: ^JaW B^&cm^ ( ^0^, -—
Tvoe:
i, 1 ,.
^0^, -—
• Encroachment Permit (PR)
^0^, -—
• Final Map (FM)
^0^, -—
• Grading Plancheck (DWG)
^0^, -—
Q Improvement Plancheck (DWG)
^0^, -—
• Parcel Map (PM)
^0^, -—
Q Quitclaim of Easement (PR)
^0^, -—
Tvoe:
^0^, -—
O Reversion to Acreage (RA)
^0^, -—
• street Vacation (STV)
^0^, -—
• Tentative Parcel Map (MS)
^0^, -—
• Certificate of Correction (CCOR)
^0^, -—
Q Covenant of Easement (PR)
^0^, -—
~Q Substantial Confomiance
Exhibit (SCE)
^0^, -—
• Trails • < mile • > mile
^0^, -—
• Other ^
^0^, -—
APPLICATION ACCEPTED B) APPLI
DEC 28 2010
ENGINEERING
DEPARTMEf/T
E-23 Page 2 of 2 REV 4/30/10
NJ^ CITY OF
CARLSBAD
APPLICATION
ENGINEERING
PLANCHECK
E-23
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
Complete all appropriate Information. Write N/A when not applicable.
Project Name;^) l-lc^/l (^^vKhfiti OfTaiyvjraH VJ?C^4
Project Description: U^ii) 4£ A Vh'^W^^
'tK Date;.
Project Address; T|/^^^Y:<Pr-f|n<A &{ Cr^)k\?a\o( glJ^'^ Vr^n-V) ,(l\l^
Lot No(s).
Number of Lots; 1
Map No.; M< OF)-^
Number of Acres; f lQ \ c^H
APN(s):'^\H~^a-<)H.mif(y-IO!ll,]^.
Miles ofTrailsT 0 '^/M^l|a (• 19-9
Owner:
Mailing Address;
Phone Number
Fax Number;
E-mail;
I certify that I am
information is
Signature:
Mailing Address:
iirth al owner and that all the above
opi^ct to the best of my knowledge.
Phone Number
Fax Number;
E-mail:
Signatun
Civil Engineer;
Firm;
Mailing Address;
Phone Number
Fax Number
E-mail:
State Registration Number faer ^ ^ J
Soils E
;m;
liling Address
Phone Number
Fax Number;
OCpE-mail;
State Registration Number
/OOP,
Additional Comments;
IMPROVEMENT VALUATION
1. What water district is the proposed project located in? (check one)
[^Carisbad Municipal Water District D Olivenhain • Vallecitos
2. If in the Carisbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for
water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public
(median) landscape and irrigation, and drainage improvements (if applicable)? $.
cut \S,^00 cv cy
GRADING QUANTITIES
remedial^j^QQ cy import GylQQ cy export 0 .cy
E-23 Page 1 of 2 REV 4/30/10
^ CiTY OF
CARLSBAD
APPLICATION
ENGINEERING
PLANCHECK
E-23
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www. carlsbad ca.gov
APPLICATION FOR
(check all that apply)
FOR CITY USE ONLY APPLICATION FOR
(check all that apply) Project
I.Dr
Drawing
Number
Deposit/Fees
Paid
Comments
• Adjustment Plat (ADJ)
Q Certificate of Compliance (CE)
Q Dedication of Easement (PR)
Tvoe:
Tvoe:
^Encroachment Permit (PR)
• Final Map (FM)
• Grading Plancheck (DWG)
• Improvement Plancheck (DWG)
O Parcel Map (PM)
Q Quitclaim of Easement (PR)
Type;
Q Reversion to Acreage (RA)
• Street Vacation (STV)
• Tentative Parcel Map (MS)
• Certificate of Correction (CCOR)
Q Covenant of Easement (PR)
~0 Substantial Conformance
Exhibit (SCE)
• Trails • < mile • > mile
• Other
APPLICATION ACCEPTED BY: DATE STAMP
APPLICATION RECEIVED
JUL 08 7010
eNGINEERiNa
E-23 Page 2 of 2 REV 4/30/10
ROBERT GORDON
73 0 9 SEAFARER PL
CARLSBAD, CA 92009
GREGORIO G ALCARAZ
7244 PONTO DR
CARLSBAD, CA 92 009
NANCI DETTMER
7258 PONTO DR
CARLSBAD, CA 92 009
DUSTACIA YANEZ
7264 PONTO DR
CARLSBAD, CA 92009
GREGORY A & VALENCIA POR *M*
7344 PORTAGE WAY
CARLSBAD, CA 92 009
SALVATORE A & DENISE BARONE
7346 PORTAGE WAY
CARLSBAD, CA 92009
DIVITA FAMILY TRUST
7348 PORTAGE WAY
CARLSBAD, CA 92009
SHERRIE CAUDLE
73 85 SEAFARER PL
CARLSBAD, CA 92009
DALLAS MAGAS
7379 SEAFARER PL
CARLSBAD, CA 92009
JOHN A & HIDEMI FOWLER
7373 SEAFARER PL
CARLSBAD, CA 92009
MICHAEL & HEATHER FERRANTE
7367 SEAFARER PL
CARLSBAD, CA 92009
LARRY GELLER *M*
73 61 SEAFARER PL
CARLSBAD, CA 92 009
ROBERT J MIRON
7357 SEAFARER PL
CARLSBAD, CA 92009
RICHARD B & BARBARA OSTR *M*
7384 SEAFARER PL
CARLSBAD, CA 92009
MATTHEW M & TAMMY ZYBURA
73 86 SEAFARER PL
CARLSBAD, CA 92 009
AARON & N GOLDE
73 88 SEAFARER PL
CARLSBAD, CA 92009
ROBERT A & TAMORA BOTTEMA
73 99 SEAFARER PL
CARLSBAD, CA 92009
ELISABETH NICHOLSON
73 97 SEAFARER PL
CARLSBAD, CA 92 009
PATTI TRAVIS
73 91 SEAFARER PL
CARLSBAD, CA 92009
ROBIN D TABER
73 93 SEAFARER PL
CARLSBAD, CA 92 00 9
MICHAEL & DENISE KILCOY *M*
517 DEW POINT AVE
CT^LSBAD, CA 92009
MICHAEL T & DONNA MCLAUGHLIN
519 DEW POINT AVE
CARLSBAD, CA 92009
ALBERT S Sc JEAN HALL
505 DEW POINT AVE
CARLSBAD, CA 92009
TIMOTHY E BRONKHURST
503 DEW POINT AVE
CARLSBAD, CA 92009
KEVIN WILSON
734 9 SEAFARER PL
CARLSBAD, CA 92009
CHRISTOPHER J & TAMARA KAPAN
734 5 SEAFARER PL
CARLSBAD, CA 92 009
MICHAEL R & CHERIE MCLARTY
7337 SEAFARER PL
CARLSBAD, CA 92009
TRACY SABIN
7333 SEAFARER PL
CARLSBAD, CA 92 009
DIANA D ARNSTEIN
7335 SEAFARER PL
CARLSBAD, CA 92009
PAMELA REISH
7327 SEAFARER PL
CARLSBAD, CA 92 009
DALE E & RUTH ORDAS *M*
7325 SEAFARER PL
CARLSBAD, CA 92009
JACK & CAROL TREFRY
7321 SEAFARER PL
CARLSBAD, CA 92 009
DANIEL WAY
7323 SEAFARER PL
CARLSBAD, CA 92009
VICKY C MANN
506 DEW POINT AVE
CARLSBAD, CA 92 009
AL SADIQ
504 DEW POINT AVE
CARLSBAD, CA 92009
EDWARD T & JO APPLEGATE
516 DEW POINT AVE
CARLSBAD, CA 92009
JASON A & JENNIFER FEMRITE
518 DEW POINT AVE
CARLSBAD, CA 92 009
HELEN M PATTERSON
532 DEW POINT AVE
CARLSBAD, CA 92009
CHRISTOPHER L & DEBORAH TAYLOR
534 DEW POINT AVE
CARLSBAD, CA 92009
ENFIELD FAMILY TRUST *M*
53 8 DEW POINT AVE
CARLSBAD, CA 92009
JAMES & MIKEL NARDI
53 6 DEW POINT AVE
CARLSBAD, CA 92009
SEAN P & LAURIE RAMSEY
73 6 8 ESCALLONIA CT
CARLSBAD, CA 92 009
DENNIS C & VALERIE COWAN
7366 ESCALLONIA CT
CARLSBAD, CA 92009
JANICE I LANE
73 62 ESCALLONIA CT
CARLSBAD, CA 92009
QIUYING HUANG
7364 ESCALLONIA CT
CARLSBAD, CA 92009
RICK C PETERS
73 6 0 ESCALLONIA CT
CARLSBAD, CA 92009
FRANK J & RENEE GRADY
73 58 ESCALLONIA CT
CARLSBAD, CA 92009
ALAN & JULIA CASAGRANDE
7354 ESCALLONIA CT
CARLSBAD, CA 92009
JAMES J & BONNIE SHAW
7348 ESCALLONIA CT
CARLSBAD, CA 92009
NGOC L NGUYEN
7344 ESCALLONIA CT
CARLSBAD, CA 92009
JOHN C HENRY
7342 ESCALLONIA CT
CARLSBAD, CA 92 009
SALDANA ALFONSO & BEATRIZ FAMILY
7334 ESCALLONIA CT
CARLSBAD, CA 92009
JACKSON 12-10-99 TRUST
7332 ESCALLONIA CT
CARLSBAD, CA 92009
GERARD & CATHERINE GARD *M*
543 WIND SOCK WAY
CARLSBAD, CA 92009
JASON R ZINN *M*
541 WIND SOCK WAY
CARLSBAD, CA 92009
RANDALL D FONG
537 WIND SOCK WAY
CARLSBAD, CA 92009
GREENLEE FAMILY TRUST
53 9 WIND SOCK WAY
CARLSBAD, CA 92009
JEFFREY & STEFANIE CHAPMAN
522 WIND SOCK WAY
CARLSBAD, CA 92009
SUSAN B BREHMER
528 WIND SOCK WAY
CARLSBAD, CA 92009
ELLEN M FAWLS
538 WIND SOCK WAY
CARLSBAD, CA 92009
ANDREAS PUM
540 WIND SOCK WAY
CARLSBAD, CA 92009
ERIC G TAGUE
527 WIND SOCK WAY
CARLSBAD, CA 92009
LONG CHEN
525 WIND SOCK WAY
CARLSBAD, CA 92009
CHRISTOPHER PRAVATO
521 WIND SOCK WAY
CARLSBAD, CA 92009
STEVEN A & REBECCA APPLE
7358 SEAFARER PL
CARLSBAD, CA 92009
HOLLY C TURNBULL
73 6 0 SEAFARER PL
CARLSBAD, CA 92009
SENMAO LIN
7364 SEAFARER PL
CARLSBAD, CA 92 009
SUZAN T POPP
7362 SEAFARER PL
CARLSBAD, CA 92 009
RICHARD E WHITEHEAD
7313 SEAFARER PL
CARLSBAD, CA 92009
MICHAEL R & KATHERINE HAWKINS
7311 SEAFARER PL
CARLSBAD, CA 920 09
WILLIAM & PATRICIA VANCLEVE
73 01 SEAFARER PL
CARLSBAD, CA 92 009
MATHEWS FAMILY INTERVIVO *M*
501 ANCHORAGE AVE
CARLSBAD, CA 9200 9
ROBERT C & ELAINE LONNEGREN
507 ANCHORAGE AVE
CARLSBAD, CA 92009
ROBERT & PATRICIA HALE *M*
505 ANCHORAGE AVE
CARLSBAD, CA 92009
DONNA M HENNING
517 ANCHORAGE AVE
CARLSBAD, CA 92009
MARK A & IRENE WARDAS
519 ANCHORAGE AVE
CARLSBAD, CA 92009
DAVID A SOCKS
523 ANCHORAGE AVE
CARLSBAD, CA 92009
RICHARD L & BONNY EIDSON
521 ANCHORAGE AVE
CARLSBAD, CA 92009
PATRICK TOMBELAINE
533 ANCHORAGE AVE
CARLSBAD, CA 92009
DARRELL LEGGE
535 ANCHORAGE AVE
CARLSBAD, CA 92009
ELLIS SINGER
53 9 ANCHORAGE AVE
CARLSBAD, CA 92009
CHRISTOPHER M RANGEL
537 ANCHORAGE AVE
CARLSBAD, CA 92009
PAUL J & MARY SPENCER
549 ANCHORAGE AVE
CARLSBAD, CA 92 009
JOSEPH J & ANITA VANBEECK
551 ANCHORAGE AVE
CARLSBAD, CA 92009
DON KING
553 ANCHORAGE AVE
CARLSBAD, CA 92009
MITCHELL TRUST 02-08-
565 ANCHORAGE AVE
CARLSBAD, CA 92009
02
KIMBERLY J SINSHEIMER
567 ANCHORAGE AVE
CARLSBAD, CA 92 009
FAITH DEVINE
571 ANCHORAGE AVE
CARLSBAD, CA 92 009
NORMAN A & LORRI AIELLO
569 ANCHORAGE AVE
CARLSBAD, CA 92009
DAVID MURRAY
7302 SPINNAKER ST 146
CARLSBAD, CA 92 009
PAUL T Sc LESLIE GROS
7304 SPINNAKER ST
CARLSBAD, CA 92009
DAVID M RYAN
73 72 PORTAGE WAY
CARLSBAD, CA 92 009
JONATHAN H COHEN
73 68 PORTAGE WAY
CARLSBAD, CA 92009
BRIAN L & CHARLOTTE PENCE
73 70 PORTAGE WAY
CARLSBAD, CA 92009
RITA KLEINERMAN *M*
7379 PORTAGE WAY
CARLSBAD, CA 92009
JILL JANIK
7363 PORTAGE WAY
CARLSBAD, CA 92 009
BARBARA PALEN
7361 PORTAGE WAY
CARLSBAD, CA 92009
ALEXANDER C PUTRIS
73 57 PORTAGE WAY
CARLSBAD, CA 92 00 9
AARON R & KRISTI SCHMIDT
73 86 PORTAGE WAY
CARLSBAD, CA 92 009
MICHAEL WOODS
7384 PORTAGE WAY
CARLSBAD, CA 92009
DEPAGTER 04-23-92 TRUST
73 80 PORTAGE WAY
CARLSBAD, CA 92009
JOEL & LISA JANC
73 82 PORTAGE WAY
CARLSBAD, CA 92009
JOHN M WEAKLEY
7397 PORTAGE WAY
CARLSBAD, CA 92 009
ERIC HANSCOM
73 95 PORTAGE WAY
CARLSBAD, CA 92 009
DIXIE J COURTNEY
73 91 PORTAGE WAY
CARLSBAD, CA 92009
MARK Sc ANGELA KERWIN
73 93 PORTAGE WAY
CARLSBAD, CA 92009
KENNETH JONES
73 89 PORTAGE WAY
CARLSBAD, CA 92009
MARNE D BOUILLON
73 52 PORTAGE WAY
CARLSBAD, CA 92009
COLLEEN J MICKEY
73 50 PORTAGE WAY
CARLSBAD, CA 92009
JILL A SNYDER
53 9 DEW POINT AVE
CARLSBAD, CA 9200 9
ANIELLO J PALLANTE
537 DEW POINT AVE
CARLSBAD, CA 92009
GREGORY A WALDEN
550 DEW POINT AVE
CARLSBAD, CA 92009
BRIAN J NIEMANN
554 DEW POINT AVE
CARLSBAD, CA 92009
ELIZABETH M LAAG
564 DEW POINT AVE
CARLSBAD, CA 92009
JAMES A Sc MARY KENT
566 DEW POINT AVE
CARLSBAD, CA 92009
ROBERT G SCHULTZ *M*
570 DEW POINT AVE
CARLSBAD, CA 92 009
SUCH FAMILY TRUST 07-12-03
568 DEW POINT AVE
CARLSBAD, CA 92 009
RUBEN D Sc LISA CABRERA
7314 SPINNAKER ST
CARLSBAD, CA 92009
CHANDLER S & MARLEY NELMS
7318 SPINNAKER ST
CARLSBAD, CA 92009
HUMPHREY TRUST
7351 SPINNAKER ST
CARLSBAD, CA 92 009
VIPUL PABARI
7349 SPINNAKER ST
CARLSBAD, CA 92009
STOCKALPER TRUST
7345 SPINNAKER ST
CARLSBAD, CA 92009
KENNETH & TRICIA BERGER
7347 SPINNAKER ST
CARLSBAD, CA 92009
JAMES HOWE
567 DEW POINT AVE
CARLSBAD, CA 92009
SAMIR Sc WENDY DUBE
565 DEW POINT AVE
CARLSBAD, CA 92009
JUNE PETERSON-KRAUSE
555 DEW POINT AVE
CARLSBAD, CA 92009
HENRY & SUKI TONG
553 DEW POINT AVE
CARLSBAD, CA 92009
ZDENEK T RIHA
551 DEW POINT AVE
CARLSBAD, CA 92009
ROSE STEPAN
7330 SPINNAKER ST
CARLSBAD, CA 92009
DANIEL P HOF
7336 SPINNAKER ST
CARLSBAD, CA 92009
MARK W Sc MICHELE LYDECKER
7346 SPINNAKER ST
CARLSBAD, CA 92009
LOUIS D Sc MAY OROSZ
734 8 SPINNAKER ST
CARLSBAD, CA 92 009
BRIAN J HOUGHTON
7350 SPINNAKER ST
CARLSBAD, CA 92009
LOUISE OFLAHERTY
73 94 ESCALLONIA CT
CARLSBAD, CA 92009
CHRISTOPHER D & STACY KING
73 96 ESCALLONIA CT
CARLSBAD, CA 92009
GREGORIO KAHN
73 88 ESCALLONIA CT
CARLSBAD, CA 92009
DAVID ZERFING
7384 ESCALLONIA CT
CARLSBAD, CA 92 009
LANCE B Sc KATHLEEN SCHULTE
73 86 ESCALLONIA CT
CARLSBAD, CA 92009
JOHN E & JO HAYES
73 72 ESCALLONIA CT
CARLSBAD, CA 92 009
DANIEL Sc RACHEL DISEPIO
7374 ESCALLONIA CT
CARLSBAD, CA 92 009
WILLIAM M & CYNTHIA ROUSH
7075 WHITEWATER ST
CARLSBAD, CA 92009
ALEXANDER A ALMEIDA
7071 WHITEWATER ST
CARLSBAD, CA 92 009
ARLENE HAZELRIGG
7067 WHITEWATER ST
CARLSBAD, CA 92009
VICTOR E RAMIREZ
7063 WHITEWATER ST
CARLSBAD, CA 92009
HUMPHREY FAMILY TRUST 06-21-99
7052 WHITEWATER ST
CARLSBAD, CA 92009
GEORGE A Sc CAROL BECHTLOFF
7056 WHITEWATER ST
CARLSBAD, CA 92009
LORNE D KAPNER
7064 WHITEWATER ST
CARLSBAD, CA 92009
WILLIAM C & DIANE OCONNELL
7076 WHITEWATER ST
CARLSBAD, CA 92009
PAUL J & CINDY VADNAIS
7111 LEEWARD ST
CARLSBAD, CA 92009
MARC MCGUIRE
7107 LEEWARD ST
CARLSBAD, CA 92009
GREGORY J & DEBBIE HOFMAN
7103 LEEWARD ST
CARLSBAD, CA 92009
XUAN D NGUYEN
7099 LEEWARD ST
CARLSBAD, CA 92009
SUSAN WRENN
7095 LEEWARD ST
CARLSBAD, CA 92009
LISA LARKIN
7089 LEEWARD ST
CARLSBAD, CA 92009
W S & MARTHA LEEPER
7085 LEEWARD ST
CARLSBAD, CA 92 009
NGUYEN TAP VAN&LUU LOAN KIM
7081 LEEWARD ST
CARLSBAD, CA 92009
TERRY D LOWE
70 82 LEEWARD ST
CARLSBAD, CA 92 009
MICHAEL & KENDRA BISHOP
7086 LEEWARD ST
CARLSBAD, CA 92009
KEVIN F Sc THEODORE WILLIAMS
7090 LEEWARD ST
CARLSBAD, CA 92009
MARK A SMITH
7094 LEEWARD ST
CARLSBAD, CA 9200 9
JEFFREY T ADAMS
7098 LEEWARD ST
CARLSBAD, CA 92009
MICHAEL W Sc WANDA HAINES
7102 LEEWARD ST
CARLSBAD, CA 92009
NOREEN A SMITH
7106 LEEWARD ST
CARLSBAD, CA 92009
LORI HARTIGAN
7114 LEEWARD ST
CARLSBAD, CA 92009
MICHAEL S Sc LORI MASTRES
7118 LEEWARD ST
CARLSBAD, CA 92009
PAULL W & STEPHANIE CONN *M*
7122 LEEWARD ST
CARLSBAD, CA 92009
BRENDAN P HICKMAN
7126 LEEWARD ST
CARLSBAD, CA 92009
ROBERT M LIPSEY
7130 LEEWARD ST
CARLSBAD, CA 92009
MERON FAMILY LIVING REVOC TRUST
7105 WHITEWATER ST
CARLSBAD, CA 92009
CHRISTOPHER P & LYNN NERO
7097 WHITEWATER ST
CARLSBAD, CA 92 009
ELISSA STONE
7 087 WHITEWATER ST
CARLSBAD, CA 92 009
DAVID CHIEN
7083 WHITEWATER ST
CARLSBAD, CA 92009
GWYNN D ZEISLER
7079 WHITEWATER ST
CARLSBAD, CA 92009
JOHN B Sc WENDY SCHOHL *M*
7080 WHITEWATER ST
CARLSBAD, CA 92 009
GARY L & RAIJA BRUMMETT
7084 WHITEWATER ST
CARLSBAD, CA 92009
BRAD VAUGHN
7096 WHITEWATER ST
CARLSBAD, CA 92 009
JAMES Sc KAREN MEADOR *M*
7104 WHITEWATER ST
CARLSBAD, CA 92009
KERINS FAMILY TRUST
7108 WHITEWATER ST
CARLSBAD, CA 9200 9
*** 178 Printed ***
SALDIVAR 03-18-99 TRUST
3 77 WARHURST AVE
SWANSEA, MA 02777
KJK GROUP I L L C
3 972 GEORGETOWN CT NW
WASHINGTON, DC 20007
CHRISTIAN Sc SONYA MACMILLAN
PO BOX 24152
COLUMBIA, SC 29224
MICHAEL W Sc PAMELA GALLO *M*
14874 TOWNE LAKE CIR
ADDISON, TX 75001
RICHARD Sc GEMMA WULFF
305 BAYSWATER CT
LAS VEGAS, NV 89145
PAUL L Sc KAREN SONEFELDT
103 04 LUNDENE DR
WHITTIER, CA 90601
ARTHUR C & SHARON KNOWLES
431 W FOOTHILL BLVD
ARCADIA, CA 91006
JAMES W ELLISON
3 804 OAKDALE ST
PASADENA, CA 91107
CARMEL M DYER
3336 E COLORADO BLVD
PASADENA, CA 91107
STACEE BEAUCHAMP
4158 ELM VIEW DR
ENCINO, CA 91316
LAKESHORE GARDENS PROPERTY
18915 NORDHOFF ST 5
NORTHRIDGE, CA 91324
JOHN M PINNOW
1823 N SCREENLAND DR
BURBANK, CA 91505
W L HOMES LLC
10737 LAUREL ST 280
RANCHO CUCAMONGA, CA 9173 0
ALI A KERAMATI
344 PLAZA LOS OSOS
CHULA VISTA, CA 91914
DANIEL W GOLDEN
2380 JEFFERSON ST
CARLSBAD, CA 92008
KENNETH F & KATHRYN KOCH
3 93 9 MONROE ST
CARLSBAD, CA 92008
SHIRIN KHATIBI
2605 LA GRAN VIA
CARLSBAD, CA 92 009
DAVID TORRES *M*
7234 ESTRELLA DE MAR RD
CARLSBAD, CA 92009
DALE L Sc DONNA SCHREIBER
7163 ARGONAUTA WAY
CARLSBAD, CA 92 009
CHUNG-YEN & KEI-FENG CHIU
6995 SANDCASTLE DR
CARLSBAD, CA 92 009
GALLO TR
522 DEW POINT AVE
CARLSBAD, CA 92 009
MICHAEL & ELIZABETH FRIED
522 WIND SOCK WAY
CARLSBAD, CA 92009
CHANTAL L CUTTER
970 SEA CLIFF DR
CARLSBAD, CA 92009
KATHLEEN E DONOHUE
7040 AVENIDA ENCINAS 104
CARLSBAD, CA 92009
JEFFREY R Sc ROBIN SWIFT
549 DEW POINT AVE
CARLSBAD, CA 92009
JOSEPH R Sc JENNIFER RISO
7079 WHITEWATER ST
CARLSBAD, CA 92009
TAMAR Sc ANNIE NAZARIAN
3520 CORTE RAMON
CARLSBAD, CA 92009
MELODY BACHA
PO BOX 443
DEL MAR, CA 92 014
PAUL W Sc LINDA ADDISON *M*
1175 SOLANA DR
DEL MAR, CA 92014
PONTO STORAGE INC
PO BOX 23
CARLSBAD, CA 92018
KAREN SCHLONSKY
PO BOX 2725
CARLSBAD, CA 92018
EDWARD 0 Sc JODENE JACOBSON
9920 BLOSSOM SPRINGS RD
EL CAJON, CA 92021
FIRST REGIONAL BANK TR IRA NO 02
PO BOX 232366
ENCINITAS, CA 92023
CHAPPEE FAMILY TRUST B 01-31-89
654 N COAST HIGHWAY 101
ENCINITAS, CA 92024
DENISE M SIRCHER
511 PALOMA CT
ENCINITAS, CA 92024
ESS REALTY II LTD PARTNERSHIP
260 W CREST ST C
ESCONDIDO, CA 92025
MICHAEL L Sc LISA LLOYD
980 COOKIE LN
FALLBROOK, CA 92028
PAUL G Sc JULIE SORCHY *M*
PO BOX 23 52
LAKESIDE, CA 92040
JOHN P MORALLY
PO BOX 5169
OCEANSIDE, CA 92 052
FALLBROOK VINEYARD LLC
603 SEAGAZE DR 777
OCEANSIDE, CA 92 054
MARGARET ATMORE
12625 SAGECREST DR
POWAY, CA 92064
JULIANNE E CAPPOS *M*
PO BOX 94 04
RANCHO SANTA FE, CA 92067
RITA C HAINES
PO BOX 891
SOLANA BEACH, CA 92075
DANA THURM
PO BOX 965
SOLANA BEACH, CA 92075
VICTOR E Sc JUDY RAMIREZ
PO BOX 1255
SOLANA BEACH, CA 92075
LENHOFF 05-22-03 TRUST
2005 ODYSSEY DR
VISTA, CA 92081
PATRICIA J CRAMER
850 STATE ST 305
SAN DIEGO, CA 92101
YOUNG & CHO-KYOUNG CHOI
200 HARBOR DR 1102
SAN DIEGO, CA 92101
KEVIN & MICHELLE BYERS
3110 CAMINO DEL RIO S 307
SAN DIEGO, CA 92108
RON WOOD
3 750 RIVIERA DR 2
SAN DIEGO, CA 92109
MICHAEL K HARNETT
3 955 NOBEL DR 57
SAN DIEGO, CA 92122
WHITFIELD CAPITAL LLC
2694 W CANYON AVE
SAN DIEGO, CA 92123
JOSEPH Sc IRINA SIEMIENOWSKI
10561 SAND CRAB PL
SAN DIEGO, CA 92130
LIM OF WANG FAMILY TRUST
13072 CHAMBORD WAY
SAN DIEGO, CA 92130
ROXANA CORBETT
9782 CAMINITO DOHA
SAN DIEGO, CA 92131
JACQUELINE LOAIZA
10662 SUNSET RIDGE DR
SAN DIEGO, CA 92131
GRACE LU
10731 TREENA ST 104
SAN DIEGO, CA 92131
RUBEN GRIJALVA
77526 MALONE CIR
PALM DESERT, CA 92211
NANCY B MACLEAN
3 9350 VIA MONTERO
MURRIETA, CA 92563
SANPACIFICO COMMUNITY ASSN
28481 RANCHO CALIFORNIA RD 101
TEMECULA, CA 92590
SAN PACIFICO COMMUNITY ASSN
28481 RANCHO CALIFORNIA RD 101
TEMECULA, CA 92590
DEBRA K VAUGHAN
13512 WOODGLEN DR
SANTA ANA, CA 92705
STEVEN & ANGELA COVINGTON
504 BLACKSTONE CT
DANVILLE, CA 94506
STUART BECKER
213 VIA TRINITA
APTOS, CA 95003
MICHAEL H & J PALLEY
320 NEBBIOLO CT
EL DORADO HILLS, CA 95762
ARMANDO Sc ROBIN RODRIGUEZ
321 NW SANDALWOOD LOOP
BEND, OR 97701
*** 72 Printed ***
SAN PACIFICO COMMUNITY ASSN
23172 PLAZA POINTE DR 155
LAGUNA HILLS, CA 92653
PAUL L Sc KAREN SONEFELDT
2 053 5 LONGBAY DR
YORBA LINDA, CA 92887
GALLAGHER 1994 FAMILY TRUST
6040 HEDGECREST CIR
SAN RAMON, CA 94582
GHEORGHI POPOV
6475 CAMDEN AVE 200
SAN JOSE, CA 95120
JOE W Sc DOLLY ALDRIDGE
13188 OPAL WAY
REDDING, CA 96003
DAVID Sc JENIFER ZOUTENDYK
914 S 124TH ST
SEATTLE, WA 98168
CITY OF CARLSBAD
ENGINEERING DEPARTMENT, DEVELOPMENT SERVICES
MINOR SUBDIVISION
REQUEST FOR REVIEW
Date: ^-ZUOS
To: O Parks Department CH Maintenance &. Operations a Assistant Planning Director • Leucadia Wastewater District
Wp%iei^f^StFe^ • Olivenhain Water District
• Fire Prevehti6il • Vallecitos Water District
• Carlsbad Unified School District • Deputy City Engineer, Dev Services
Subject: Request for comments relative to Minor Subdivision No. (sAjS 05-'2/^
Applicant:
Enclosed is a copy of the Tentative Parcel Map of the subject Minor Subdivision with
attachments for your information as follows: one copy of the 1^* submittal of the
proposed minor subdivision.
Please review this proposed development and submit your comments to the Engineering
Department, Development Services Division, Attn: ^CPCm*-/ -^'tyPUe. ,
1635 Faraday Avenue, Carlsbad 92008.
If we do not receive a response to this request hylQn'Z. I OS , it will be interpreted to
mean that the proposal has your endorsement as sul§mitt^d and no fees, deposits, or
specific conditions will be required.
Thank you for your cooperation.
REPLY:
Date:
H:\DevelopmentServices\MASTERS\LETTERS-\MinorSubSampleLtre\RequestforReview.doc 09/2I/200S
^yA"^ Signatui^j^^^^^ 'X^A^^gf^S^^
STATEMENT OF AGREEMENT
TENTATIVE PARCEL MAP
CITY OF CARLSBAD
The Subdivision Map Act and tlie Carlsbad Municipal Code sets a fifty (50) day time
restriction on Engineering Department processing. This time limit can only be extended
by the mutual concurrence of the Applicant and the City. By accepting applications for
Tentative Parcel maps concurrently with applications for other approvals which are
prerequisites to the Map (i.e., Environmental Assessment, Environmental Impact
Report, Condominium Plan, Planned Unit Development, etc.), the fifty (50) day time
limits are often exceeded. If you wish to have your application processed concurrently,
this agreement must be signed by the Applicant or his agent. If you choose not to sign
the statement, the City will not accept your application for the Tentative Parcel Map until
all prior necessary entitlements have been processed and approved.
The Undersigned understands that the processing time required by the City may exceed
the time limits; therefore, the Undersigned agrees to extend the time limits for City
Engineer action and fully concurs with any extensions of time up to one (1) year from
the date the application was accepted as complete to properly review all of the
applications.
Signature Date
iMt Fundi I. thfmm Plmnim Ment
lame (olease orint) J Relationshii Name (please print) J Relationship to Application
(Property Owner/Agent)
H:/Development Services/Masters/Applications-Counter/Statement of Agreement Tentative Parcel Map 5/19/00
CITY PROJECT NO.
cm DRAWING NO
CITY OF CARLSBAD
APPLICATION CHECKLIST FOR
TENTATIVE PARCEL MAPS
Transmittal letter fi JSji E^iili|4r o' ]5
CITY PROJECT NAME
CITY PROJECT ENGINEER
^2.
^3.
: listing all items being submitted (Distribution: Original to Planchecker, copy to File).
Completed and signed Engineering Plancheck Application form (Distribution: Copy to Planchecker, original to File).
Ten (10) copies of the Tentative Map/Condominium Site Plan prepared on a 24" x 36" sheet(s) and folded into 8 1/2" X 11" size.
See attached for information to be shown on Tentative Parcel Map (Distribution as indicated by Project Engineer).
^2 ^- Digital copy of plans (Distribution: Eng. GIS).
Environmental Impact Assessment Form Part 1. (Fee not required with initial submittal. Fee to be determined after review of
project and Environmental Impact Assessment form) (Distribution as indicated by Project Engineer).
^8.
6. Property Owners' List and 2 Sets of Address Labels (Fee = postage x total number of labels) (Distribution as indicated
by Project Engineer).
300 Foot Radius Map on 8V2 x 11" paper (Distribution as indicated by Project Engineer).
Preliminary Hydrology Map and calculations. Show before and after discharges to each drainage basin (Distribution as indicated
by Project Engineer).
9. Three (3) copies of the Preliminary Title Report (current within the last six (6) months) (Distribution as indicated by Proj. Eng.).
I Njfl I 10. Proof of availability of sewer if located in the Leucadia County Water District or the Vallecitos Water District (Distribution
as indicated by Project Engineer).
I Kjft I 11. School District letter indicating that school facilities will be available to the project (residential projects only) (Distribution as
as indicated by Project Engineer).
I 12. Statement of agreement to waive Tentative Subdivision Map time limits. Required for Tentative Maps only when project requires
concurrent processing of planning application, or environmental review (Distribution as indicated by Project Engineer).
Three copies of 24" X 36" Constraints Map at the same scale as other exhibit (i.e.. Tentative Maps, Site Plan, etc.) folded to
8 1/2" X 11". If property has constraints as defined by Section 21.53.230 of the Carlsbad Municipal Code (see attached)
(Distribution as indicated by Project Engineer).
^4 14. For projects with an Average Daily Traffic (ADT) generation rate greater than 500 vehicles per day, two (2) copies of a Circulation
Impact Analysis prepared by an appropriate Registered Engineer (Distribution as indicated by Project Engineer).
I n|q I 15. Two copies of preliminary Soils/Geologic Report for all project with cut or fill depths exceeding 5 feet (Distribution as indicated
by Project Engineer).
or all condominium conversions, a signed statement by the Owner stating Section 66427.1 of the State Map Act will be complied
with (see sample letter) (Distribution as indicated by Project Engineer).
17. Tentative Parcel Map fee. (See current Fee Schedule.) « 31(P5.OO
SUBMITTAL COMPLETE. CHECKED BY DATE
COMMENTS:
H:/Eng/Development Servlces/Masters/Tentative Parcel Map Application Checklist Revised 1/14/02
11^111 ( IIIII IIIIII llll lllllllllll llll lililll
APPLICATION
ENGINEERING PLANCHECK
Complete all appropriate information. Write N/A when not appHc^
APPLICATION FOR
( • all that apply)
FOR CITY USE ONLY
APPLICATION FOR
( • all that apply)
PROJECT
I.D.
DRAWING
NUMBER
DEPOSrr/FEES
PAID
COMMENTS
[] Adjustment Plat (ADJ)
Q Certificate of Compliance (CE)
[]] Dedication of Easement (PR)
Type:
[]] Dedication of Easement (PR)
Type:
Type:
Type:
[] Encorachment Permit (PR)
• Final Map (FM)
• Grading Plancheck (DWG)
[] Improvement Plancheck (DWG)
g^Parcel Map (PM)
Q Quitclaim of Easement (PR)
Type:
Q Quitclaim of Easement (PR)
Type:
Type:
Type:
[2 Reversion to Acreage (RA)
• Street Vacation (STV)
0" Tentative Parcel Map (MS)
[]] Certificate of Correction
(CCOR)
Q Covenant of Easement (PR)
Substantial Conformance
Exhibit (SCE)
• Other
WW
DATE STAMP APPLICATON RECEIVED
H:/DEVELOPMENT SERVICES/MASTERS/Application for Engineering Plan Check Page 2 Revised 1/14/02
PROJECT DESCRIPTION
PROJECT NAME: Hilton Carlsbad Beach Resort and Spa
APPLICANT NAME: WaveCrest Resorts
Description/Explanation:
The project site is generally located on the west side of Carlsbad Boulevard between Poinsettia
and Avenida Encinas. The proposed project is a Hilton Carlsbad Beach Resort and Spa. The
project includes one main hotel building and a landscaped 3 story parking structure on the eastern
end ofthe property. The main hotel will be 1-3 stories in height containing 215 hotel rooms,
12,820 square feet of meeting space, restaurant and spa. The grounds will include a pool area,
public pedestrian trail and public snack bar/cafe along Carlsbad Boulevard.
The northern portion of the property (APN 214-590-04) falls within the Poinsettia Properties
Specific Plan. The existing zoning for that parcel is CT and the existing General Plan designation
is TR. The rest of the property has the existing zoning of CT-Q/RDM-Q and General Plan
designation of RMH/TR. Land uses surrounding the project site include railroad tracks to the
east, Hanover Beach Colony subdivision to the north, a mixture of uses including Junkyard,
storage and a few homes to the south, and Carlsbad Boulevard to the west. The property will be
divided into two lots, one for the hotel and one for the parking structure. There will be a remainder
lot near the southeast corner of property.
The project will provide a number of public amenities including ocean front meeting rooms for
weddings and functions, public spa, restaurant, snack bar/cafe and pedestrian trail along
Carlsbad Boulevard.
CITY OF CARLSBAD - ENGINEERING DEPARTMENT
APPLICATION
ENGINEERING PLAN CHECK
Complete all appropriate information. Write N/A when not applicable.
PROJECT NAME: ^RlS^) 8B\OH f^SDgT T&BK DATE: °[kloS-
PROJECT DESCRIPTION: PL&\Se ^S: ATTACHED SHEET
PROJECT ADDRESS:
LOTNO(S).:
sov^THg^sr coftve^ cr cm^m BtvpAM) fgNicDg.
MAP NO. APN(S).: 2J4- 5%-OH- . 2l4-lbO'lD.l|,l3.H, 2<)>: ^1,2^/, 29
NUMBER OF LOTS: 2 PLi;s RemiN^ LOT NUMBER OF ACRES: 8,015
OWNER:
Mailing Address:
Phone Number:
Fax Number:
E-Mail:
(IbO^ 7S3- Zf^6
tibo) 15.3-
I certify that I am the legaLowner and that all the above
information is true andx($rrict teethe best of my knowledge. ^
Signature: / 'hM^Li^^^ Date: ^/Sy^V
APPLICANT:
Mailing Address:
Phone Number:
Fax Number:
E-Mail:
HPFHAM PlANiKllM& Assoc iATgg
5^00 aSTEUR. cr. SUITE I5D
C^SAD. CA
Clio) V3g-2VV3
Ipunelli & hofiyan plana inj, coin
Signature: ^ yfj/y/l/LyuJ/'/ Date: ^17/05-
Mailing Address: 15^38 6egNflRDo Cer-J^ Pi^-
CIVIL ENGINEER:
FIRM:
SOILS ENGINEER:
FIRM:
Phone Number
Fax Number:
E-Mail: trrij&fxiffnef^ com /i^r&rt^pafimptm
State Registration Number: 5*^1^1
Mailing Address:
Phone Number:
Fax Number:
E-Mail:
State Registration Number:
ADDmONAL COMMENTS:
THg MiNQg. Sue>Drgis\oM ^\\x. ge Reocessa-) (QsicuKjf^eMTL'^ WITH OTW PiAf^tMiKfe/gEDgvEicwEM •
APfucA-noNiS. Ai^ t\K mA. 6e BEARED fi^P, THE: ptz.ojgcT AND feASEX> QKI MegnMO^
[]vallecitos
IMPROVEMENT VALUATION
1. What water district is the proposed project located in? (checic one)
[^Carisbad Municipal Water District Qoiivenhain
2. If in the Carisbad Municipal Water District, what is the total cost estimate, including the 15%
contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal
Water District only), street, public (median) landscape and irrigation, and drainage improvements
(if applicable)? $
cut 12.000 cy
GRADING QUANTITIES
30> ooo cy remedial cy import 8000 cy export. .cy
SEE REVERSE SIDE
HI/DEVELOPMENT SERVICeS/MASTERS/Appllcation for Engineering Plan Check Revised 1/14/02
CITY OF CARLSBAD
LAND USE REVIEW APPLICATIO
1) APPLICATIONS APPLIED FOR; (CHECKBOXES)
I i Administrative Permit - 2nd
Dwelling Unit
I I Administrative Variance
Coastal Development Permit CJ-J)j^Q^
I I Conditional Use Permit
I I Condominium Permit
I I General Pian Amendment
I I Hillside Development Permit
I I Local Coastal Plan Amendment
I I Master Plan
I I Non-Residential Planned
Development
I I Planned Development Permit
(FOR DEPARTMENT
USE ONLY)
•
•
•
n
•
•
Planned Industrial
Plan^
DetflPniT^tion
Precise Development Plan
Redevelopment Permit
Site Development Plan
Special Use Permit
Specific Plan
I I Tentative Parcel Map
Obtain from Engineering Department
I I Tentative Tract Map
I I Variance
I I Zone Change
I I List other applications not
specified
(FOR DEPARTMENT
USE ONLY)
2) ASSESSOR PARCEL NO(S).:
3) PROJECT NAME:
4) BRIEF DESCRIPTION OF PROJECT:
214-590-04, 214-160-10,11,13,19,20,21,24,29
Hilton Carlsbad Beach Resort and Spa
See attached sheet
5) OWNER NAME (Print or Type)
WaveCrest Resorts, LLC
6) APPLICANT NAME (Print or Type)
Hofman Planning Associates
MAILING ADDRESS
829 Second Street, Suite A
MAILING ADDRESS
5900 Pasteur Court, Suite 150
CITY AND STATE ZIP TELEPHONE
Encinitas, CA 92024 (858) 753-2440
CITY AND STATE ZIP
Carlsbad, CA 92008
TELEPHONE
(760) 438-1465
1 CERTIFY THAT 1 AM THE I/G^L OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE^AND CORRECT TO THE BEST OF MY
KNOWLEDGE. '7 / / / / / / /
1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE
OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE.
SIGNATURE • / DATE SIGNATURE ' {> DATE
7) BRIEF LEGAL DESCRIPTION Portion of Lot 4 of Section 29, Township 12/ Parcel A of Parcel Map
No. 4383/ Parcel 2 of Parcel Map 18332
NOTE; A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M.
A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M.
Form 16 PAGE 1 OF 2
8) LOCATION OF PROJECT:
ON THE
BETWEEN
Southeast
STREET ADDRESS
CORNER OF
(NORTH, SOUTH, EAST, WEST)
AND
(NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE 22
10) PROPOSED NUMBER OF
LOTS
13) TYPE OF SUBDIVISION
16) PERCENTAGE OF PROPOSED
PROJECT IN OPEN SPACE
19) GROSS SITE ACREAGE
22) EXISTING ZONING
n/a
n/a
8.015
CT, CT-
Q/RD-M-Q
11) NUMBER OF EXISTING
RESIDENTIAL UNITS
14) PROPOSED IND
OFFICE/ SQUARE
FOOTAGE
17) PROPOSED
INCREASE IN ADT
20) EXISTING GENERAL
PLAN
n/a
2150
RMH/
T-R
23) PROPOSED
ZONING n/a
Carlsbad Blvd and Ponto Dr.
(NAME OF STREET)
(NAME OF STREET)
12) PROPOSED NUMBER
OF RESIDENTIAL
UNITS
15) PROPOSED COMM
SQUARE FOOTAGE
18) PROPOSED SEWER
USAGE IN EDU
21) PROPOSED GENERAL
PLAN DESIGNATION
188,605
176
n/a
24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS
TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT
TO ENTRY FOR THIS PURPOSE
SIGNATURE
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE
TOTAL FEE REQUIRED
FEE REQUIRED
RECEIVED
SEP C 2 2005
CplTY OF CARLSBAD
PLANNING DEPT
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
DATE FEE PAID RECEIPT NO.
Form 16 PAGE 2 OF 2
PROJECT DESCRIPTION
PROJECT NAME: Hilton Carlsbad Beach Resort and Spa
APPLICANT NAME: WaveCrest Resorts
Description/Explanation:
The project site is generally located on the west side of Carlsbad Boulevard between Poinsettia
and Avenida Encinas. The proposed project is a Hilton Carlsbad Beach Resort and Spa. The
project includes one main hotel building and a landscaped 3 story parking structure on the eastern
end ofthe property. The main hotel will be 1-3 stories in height containing 215 hotel rooms,
12,820 square feet of meeting space, restaurant and spa. The grounds will include a pool area,
public pedestrian trail and public snack bar/cafe along Carlsbad Boulevard.
The northern portion of the property (APN 214-590-04) falls within the Poinsettia Properties
Specific Plan. The existing zoning for that parcel is CT and the existing General Plan designation
is TR. The rest of the property has the existing zoning of CT-Q/RDM-Q and General Plan
designation of RMH/TR. Land uses surrounding the project site include railroad tracks to the
east, Hanover Beach Colony subdivision to the north, a mixture of uses including junkyard,
storage and a few homes to the south, and Carlsbad Boulevard to the west.
The project will provide a number of public amenities including ocean front meeting rooms for
weddings and functions, public spa, restaurant, snack bar/cafe and pedestrian trail along
Carlsbad Boulevard.
City of Carlsbad
Public Works — Engineering
June 16, 2009
NOTICE OF FILING OF TENTATIVE PARCEL MAP
Minor Subdivision No.: MS 05-23
Project Name: Hilton Carlsbad Beach Resort & Spa
Applicant Name: Wave Crest Resort II LLC
Notice is hereby given that a tentative parcel map has been filed on a property generally located at the
southeast corner of Carlsbad Boulevard and Ponto Drive and more particularly described as a portion of the
south 2/3"^ of Lot 4 (southeast quarter of the southeast quarter) of Section 29, Township 12 South, Range 4
West, San Bernardino Meridian in the City of Carlsbad.
This project proposes to consolidate nine existing lots into one parcel and a remainder parcel. In association
with this project, the applicant submitted applications for a Site Development Permit, Redevelopment Permit,
and Coastal Development Permits, which were approved by the Planning Commission on May 6, 2009 and
are still subject to City Council review and approval. This Tentative Parcel Map application will create the
parcel for the resort development.
This project is a minor subdivision (four units or fewer) and per the City's subdivision ordinance does not
require a public hearing. A minor subdivision is processed by City staff and must comply with all applicable
codes, regulations, and zoning. All project issues identified by City staff must be resolved prior to approval of
the minor subdivision.
You may request the opportunity to be heard on the tentative parcel map. In accordance with Carlsbad
Municipal Code Section 20.24.115, such request must be filed in writing with the City Engineer within 15
calendar days of the date of this notice. Failure to do so may be deemed a waiver of the rights under section
20.24.115.
This is the first of two public notices you will receive. The second notice will be sent after the decision to
approve or deny the project has been made.
If you have any questions or comments or wish to view the tentative parcel map, please contact the Project
Engineer, Frank Jimeno, at 760-602-2758 or via email at frank.jimeno@carlsbadca.gov.
Sincerely,
Robert T. Johnson, Jr., PE
City Engineer
by: Glen K. Van Peski, PE
Senior Civil Engineer
Enclosure: Reduced tentative parcel map exhibit
cc: David Hauser, Deputy City Engineer
Project Engineer, then file
DocDR-06-17
01/05/2009
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 ^
I tN IAI IVtz r AM<JtL MAr
Citv of Carlsbad
Public Works Engineeri
October 30, 2009
Hofman Planning and Engineering
3152 Lionshead Avenue
Carlsbad, California 92010
FINAL APPROVAL OF TENTATIVE PARCEL MAP
Project ID: MS 05-23
Project Name: HILTON CARLSBAD BEACH RESORT AND SPA
Whereas no review of the Preliminary Approval letter dated September 25, 2009 was requested
within the required time, the subject tentative parcel map has been approved per the findings
and conditions set forth in said Preliminary Approval letter.
As required by Carlsbad Municipal Code Section 20.24.140(e), notice ofthis final decision will be
sent to ail property owners within 300 feet of the project. Per Carlsbad Municipal Code Section
20.24.140(b) and the California Subdivision Map Act Section 66452.5, any interested person
adversely affected by this decision of the City Engineer may appeal the decision to the City
Council. Such appeal must be filed in writing with the City Clerk within 10 calendar days of the
date of this notice. At the time of filing the appeal, the appeal fee as listed in the current
Carlsbad Development Fees schedule must be paid. If you have questions regarding the appeal
process, please contact the City Clerk's office at (760) 434-2808.
If you have any project-related questions, please contact the Project Engineer, Frank Jimeno, at
760-602-2758 or via email at frank.jimeno@carlsbadca.gov. If you have any planning-related
questions, please contact the Project Planner, Christer Westman, at 760-602-4614.
Sincerely,
Robert T. Johnson, Jr., PE
City Engineer
by: David A. Hauser, PE
Deputy City Engineer
cc: Engineer of Work
Project Engineer, then file
Christer Westman, Planner
Planning Senior Management Analyst
Senior Office Specialist, Dev. Svcs.
Doc DR-06-27
01/05/2009
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562
Citv of Carlsbyad
t-. rs y s n e e ring
October 30, 2009
NOTICE OF APPROVAL OF TENTATIVE PARCEL MAP
Project ID: MS 05-23
Project Nanne: HILTON CARLSBAD BEACH RESORT AND SPA
Applicant Name: Hofman Planning and Engineering
Notice is l^reby given that a tentative parcel map has been approved subject tp conditions on
property generally located at the southeast comer of Carlsbad Boulevard and ^onto Orive and
more particularly described as a portion of the south 2/3"* of Lot 4 (southeast quarter of the
southeast quarter) of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian
in the City of Carisbad.
The project involved is described as the consolidation nine existing lots into one parcel and a
remainder parcel.
Per Carisbad Municipal Code Section 20.24.140(b) and the Califomia Subdivision Map Act
Section 66452.5, any interested person adversely affected by this decision of the City Engineer
may appeal the decision to the City Council. Such appeal must be filed in writing with the City
Clerk within 10 calendar days of the date of this notice. At the time of filing the appeal, the
appeal fee as listed in the current Carisbad Development Fees sciiedule must be paid. If you
have questions regarding the appeal process, please contact the City Cleric's office at (760)
434-2808.
If you have any project-related questions, please contact the Project Engineer. Frank Jimeno, at
760-602-2758 or via email at frank.jimeno@carisbadca.gov.
Sincerely,
Robert T. Johnson, Jr., PE
City Engineer
by: David A. Hauser, PE
Deputy City Engineer
Enclosure(s): Reduced tentative parcel map exhibit
Final Decision Letter (included only to Notice of Filing respondents)
cc: Applicant V
Engineer of Work
Project Engineer, then file
DocOR-06-29
01/050009
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 ^
Citv of Carlsbad
Public Works Engineering
October 30, 2009
NOTICE OF APPROVAL OF TENTATIVE PARCEL MAP
Project ID: MS 05-23
Project Name: HILTON CARLSBAD BEACH RESORT AND SPA
Applicant Name: Hofman Planning and Engineering
Notice is hereby given that a tentative parcel map has been approved subject to conditions on
property generally located at the southeast corner of Carisbad Boulevard and Ponto Drive and
more particuiariy described as a portion of the south 2/3'^'^ of Lot 4 (southeast quarter of the
southeast quarter) of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian
in the City of Carisbad.
The project involved is described as the consolidation nine existing lots into one parcel and a
remainder parcel.
Per Carisbad Municipal Code Section 20.24.140(b) and the California Subdivision Map Act
Section 66452.5, any interested person adversely affected by this decision of the City Engineer
may appeal the decision to the City Council. Such appeal must be filed in writing with the City
Clerk within 10 calendar days of the date of this notice. At the time of filing the appeal, the
appeal fee as listed in the current Carisbad Development Fees schedule must be paid. If you
have questions regarding the appeal process, please contact the City Clerk's office at (760)
434-2808.
If you have any project-related questions, please contact the Project Engineer, Frank Jimeno, at
760-602-2758 or via email at frank.jimeno(gcarisbadca.gov.
Sincerely,
Robert T. Johnson, Jr., PE
City Engineer
by: David A. Hauser, PE
Deputy City Engineer
Enclosure(s): Reduced tentative parcel map exhibit
Final Decision Letter (included only to Notice of Filing respondents)
cc: Applicant
Engineer of Work
Project Engineer, then file
Doc DR-06-29
01/05/2009
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 ^
iaC^fe^^i-S^iCSSSS;;'' -^-^ifr^r"' -;;5^ — ' _ri.. IT'C' •-"i-.i. _ .'^ —
;/
'-'^Jtxaj..-.^ —h-~.r~. A L— ^
i Citv of Carlsbad
Public Works — Engineeri
September 25, 2009
Ronald C. Ashman
Crew Engineering and Surveying
5725 Kearny Villa Road, Suite D
San Diego, California 92123
NOTICE OF PRELIMINARY DECISION ON TENTATIVE PARCEL MAP
Project ID: MS 05-23
Project Name: HILTON CARLSBAD BEACH RESORT AND SPA
Applicant Name: Hofman Planning and Engineering
Per City of Carisbad Municipal Code Section 20.24.115, the City is required to send this
notice and the enclosed copy of the preliminary decision letter to all persons who requested
to be heard in response to the Notice of Filing for this minor subdivision. After a final
decision has been made on the project, you will also receive a notice and copy of that
decision.
If you have concerns or comments, you may request a review of this preliminary decision.
Per Carisbad Municipal Code Section 20.24.120, such request must be in writing and
received by the City Engineer within 10 calendar days after the date of this preliminary
decision. Following the completion of a requested review or if no request for review was
made within the time prescribed, the City Engineer will issue a final decision.
If you have no remaining issues to discuss with us, there is no need to respond to this notice.
However, if you have any questions or comments, please contact the Project Engineer, Frank
Jimeno, at 760-602-2758 or via email at Frank.jimeno(@carisbadca.gov.
Sincerely,
Robert T. Johnson, Jr., PE
City Engineer
by: David A. Hauser, PE
Deputy City Engineer
Enclosure(s): Reduced tentative parcel map exhibit
Preliminary Decision Letter
cc: Project Engineer, then file
01705/2009—
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562
Doo DR-06-25
ifc^ W . '! 1 !
Citv of Carlsbad
Public Works Engineeri
June 16, 2009
NOTICE OF FILING OF TENTATIVE PARCEL MAP
Minor Subdivision No.: MS 05-23
Project Name: Hilton Carlsbad Beach Resort & Spa
Applicant Name: Wave Crest Resort II LLC
Notice is hereby given that a tentative parcel map has been filed on a property generally located at the
southeast corner of Carlsbad Boulevard and Ponto Drive and more particularly described as a portion of the
south 2/3"* of Lot 4 (southeast quarter of the southeast quarter) of Section 29, Township 12 South, Range 4
West, San Bernardino Meridian in the City of Carlsbad.
This project proposes to consolidate nine existing lots into one parcel and a remainder parcel. In association
with this project, the applicant submitted applications for a Site Development Permit, Redevelopment Permit,
and Coastal Development Permits, which were approved by the Planning Commission on May 6, 2009 and
are still subject to City Council review and approval. This Tentative Parcel Map application will create the
parcel for the resort development.
This project is a minor subdivision (four units or fewer) and per the City's subdivision ordinance does not
require a public hearing. A minor subdivision is processed by City staff and must comply with all applicable
codes, regulations, and zoning. All project issues identified by City staff must be resolved prior to approval of
the minor subdivision.
You may request the opportunity to be heard on the tentative parcel map. In accordance with Carlsbad
Municipal Code Section 20.24.115, such request must be filed in writing with the City Engineer within 15
calendar days of the date of this notice. Failure to do so may be deemed a waiver of the rights under section
20.24.115.
This is the first of two public notices you will receive. The second notice will be sent after the decision to
approve or deny the project has been made.
If you have any questions or comments or wish to view the tentative parcel map, please contact the Project
Engineer, Frank Jimeno, at 760-602-2758 or via email at frank.jimeno@carlsbadca.gov.
Sincerely,
Robert T. Johnson, Jr., PE
City Engineer
by: Glen K. Van Peski, PE
Senior Civil Engineer
Enclosure: Reduced tentative parcel map exhibit
cc: David Hauser, Deputy City Engineer
Project Engineer, then file
DocDR-06-17
01/05/2009
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 ^
I bN I A I IVt rAM^tu MAr
Citv of Carlsbad
Public Works — Engineering
June 16, 2009
NOTICE OF FILING OF TENTATIVE PARCEL MAP
Minor Subdivision No.: MS 05-23
Project Name: Hilton Carlsbad Beach Resort & Spa
Applicant Name: Wave Crest Resort II LLC
Notice is hereby given that a tentative parcel map has been filed on a property generally located at the
southeast corner of Carlsbad Boulevard and Ponto Drive and more particularly described as a portion of the
south 2/3"^ of Lot 4 (southeast quarter of the southeast quarter) of Section 29, Township 12 South, Range 4
West, San Bernardino Meridian in the City of Carlsbad.
This project proposes to consolidate nine existing lots into one parcel and a remainder parcel. In association
with this project, the applicant submitted applications for a Site Development Permit, Redevelopment Permit,
and Coastal Development Permits, which were approved by the Planning Commission on May 6, 2009 and
are still subject to City Council review and approval. This Tentative Parcel Map application will create the
parcel for the resort development.
This project is a minor subdivision (four units or fewer) and per the City's subdivision ordinance does not
require a public hearing. A minor subdivision is processed by City staff and must comply with all applicable
codes, regulations, and zoning. All project issues identified by City staff must be resolved prior to approval of
the minor subdivision.
You may request the opportunity to be heard on the tentative parcel map. In accordance with Carlsbad
Municipal Code Section 20.24.115, such request must be filed in writing with the City Engineer within 15
calendar days of the date of this notice. Failure to do so may be deemed a waiver of the rights under section
20.24.115.
This is the first of two public notices you will receive. The second notice will be sent after the decision to
approve or deny the project has been made.
If you have any questions or comments or wish to view the tentative parcel map, please contact the Project
Engineer, Frank Jimeno, at 760-602-2758 or via email at frank.jimeno@carlsbadca.gov.
Sincerely,
Robert T. Johnson, Jr., PE
City Engineer
by: Glen K. Van Peski, PE
Senior Civil Engineer
Enclosure: Reduced tentative parcel map exhibit
cc: David Hauser, Deputy City Engineer
Project Engineer, then file
DocDR-06-17
01/05/2009
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 ^
I tN IAI IVt rAMUtL MAr
EZSM
APU: 214-150-19-00
State Of California Park
2800 Cottage Way, Suite W-1623
Sacramento, CA 95825-1886
APN: 214-160-05-00
Gregorio Alcaraz
7244 Ponto Dr
Carlsbad, CA 92011-4601
APN: 214-160-04-00
Addison Paul W & Linda J Trs
1175 Solana Dr
Del Mar, CA 92014-3907
APN: 214-160-06-00
Virginia B Cooper Family Lp #3,
7248 Ponto Dr
Carlsbad, CA 92011-4601
APN: 214-160-10-00
Wave Crest Resorts li L L C
828 2nd St
Encinitas, CA 92024-4408
APN:
Wave Crest I
828:
rfanitas, CA 92024-4408
APN: 214-160-25-00
Schreiber Dale L & Donna E Trs
7163 Argonauta Way
Carlsbad, CA 92009-6507
APN: 214-160-27-00
Ess Realty li Ltd Partnership
260 W Crest st Ste C
Escondido, CA 92025-1716
APN: 214-160-28-00
Chappee Family Trust B
654 N Coast Highway 101
Encinitas, CA 92024-2044
APN: 214-160-35-00
McDaniel Family Trust
14086 Caminito Vistana
SanDiego, CA 92130-3719
APN: 214-171-11-00
Ponto Storage Inc
PO Box 23
Carlsbad, CA 92018-0023
APN: 214-160-34-00
Kenneth Koch
3939 Monroe St
Carlsbad, CA 92008-2737
APN: 214-160-36-00
Yanez Dustacia Living Trust
7264 Ponto Dr
Carlsbad, CA 92011-4601
APN: 214-171-12-00
North San Diego County Transit Development Board
810 Mission Avenue
Oceanside, CA 92054
Af=^N: 214-171-27-00
L Lakeshore Gardens Property
18915 Nordhoff st Ste 5
Northridge, CA 91324-3790
APN: 214-590-01-00
Shea Homes Limited Partnership
10721 TreenaSt Ste 200
San Diego, CA 92131-1039
APN: 214-590-05-01
William Roush
7075 Whitewater St
Carlsbad, CA 92011-5435
APN: 214-590-05-02
Alexander Almeida
7071 Whitewater St
Carlsbad, CA 92011-5435
APN: 214-590-05-03
Arlene Hazelrigg
5 Vista Luci
Newport Coast, CA 92657-1400
APN: 214-590-05-04
Victor Ramirez
7063 Whitewater St
Carlsbad, CA 92011-5435
APN: 214-590-05-05
Ellis Freesmeyer
5150 N 24th st
Phoenix, AZ 85016-3517
APN: 214-590-05-06
Carrie Carney
J3370 Trail Ranch Rd
Agua Dulce, CA 91390-3463
APN: 214-590-05-07
Mark Bums
12665 N 103rd PI
Scottsdale, AZ 85260-4606
APN: 214-590-05-08
Curtis Novy
PO Box 673
Rancho Santa Fe, CA 92067-0673
APN: 214-590-05-09
Bechtloff Family Trust
7056 Whitewater St
Carlsbad, CA 92011-5434
APN: 214-590-05-10
Grace Lu
10731 Treena St Ste 104
SanDiego, CA 92131-1040
APN: 214-590-05-11
Lome Kapner
7064 Whitewater St
Carlsbad, CA 92011-5434
APN: 214-590-05-12
Richard Wulff ,
305 Bayswater Ct
Las Vegas, NV 89145-8667
APN: 214-590-05-13
David Zoutendyk
7072 Whitewater St
Carlsbad, CA 92011-5434
APN: 214-590-05-14
Oconnell Trust
7076 Whitewater St
Carlsbad, CA 92011-5434
APN: 214-590-05-15
Paul Vadnais
7111 Leeward St
Carlsbad, CA 92011-5433
APN: 214-590-05-16
McGuire Marc Trust
PO Box 230850
Encinitas, CA 92023-0850
APN: 214-590-05-17
Gregory Hofman
4973 Canterbury Dr
San Diego, CA 92116-2106
AFiN: 214-590-05-18
Xuan Nguyen
567 Traverse Dr
Costa Mesa, CA 92626-3116
APN: 214-590-05-19
Wrenn Susan K Trust
7095 Leeward St
Carlsbad, CA 92011-5431
APN: 214-590-05-20
Lisa Larkin
1006 Sagebrush Rd
Carlsbad, CA 92011-3974
APN: 214-590-05-21
Leeper W Steven & Martha A Revocable Living Trust
7085 Leeward St
Carlsbad, CA 92011-5431
APN: 214-590-05-22
Tap Van Nguyen
7081 Leeward St
Carlsbad, CA 92011-5431
APN: 214-590-05-23
Terry Lowe
7082 Leeward St
Carlsbad, CA 92011-5430
APN: 214-590-05-24
Michael Bishop
7086 Leeward St
Carlsbad, CA 92011-5430
APN: 214-590-05-26
Mark Smith
7094 Leeward St
Carlsbad, CA 92011-5430
APN: 214-590-05-28
Farrell Family Trust
13811 Nob Ave
Del Mar, CA 92014-3061
APN: 214-590-05-25
Kevin Williams
7090 Leeward St
Carlsbad, CA 92011-5430
APN: 214-590-05-27
Jeffrey Adams
7098 Leeward St
Carlsbad, CA 92011-5430
APN: 214-590-05-29
Noreen Smith
7106 Leeward St
Carlsbad, CA 92011-5432
APN: 214-590-05-30
Victor Ramirez
PO Box 1255
Solana Beach, CA 92075-7255
APN: 214-590-05-32
Michael Mastres
7118 Leeward St
Carlsbad, CA 92011-5432
APN: 214-590-05-31
Lori Hartigan
7114 Leeward St
Carlsbad, CA 92011-5432
APN: 214-590-05-33
Paull Connolly
7122 Leeward St
Carlsbad, CA 92011-5432
APN: 214-590-05-34
Hickman Brendan P Separate Property Trust
7126 Leeward St
Carlsbad, CA 92011-5432
APN: 214-590-05-35
Robert Lipsey
7130 Leeward St
Carlsbad, CA 92011-5432
APN: 214-590-05-36
Atmore Margaret M Trust
PO Box 33241
San Diego, CA 92163-3241
APN: 214-590-14-01
Meron Family Living Revocable Trust
7105 Whitewater St
Carlsbad, CA 92011-5437
APN: 214-590-14-02
Patricia Hall
7101 Whitewater St
Carlsbad, CA 92011-5437
APN; 214-590-14-03
Christopher Nero
2923 Camino Serbal
Carlsbad, CA 92009-2901
APN: 214-590-14-04
Stone Elissa 2003 Trust
7087 Whitewater St
Carlsbad, CA 92011-5435
APN: 214-590-14-05
Chlen David Da-kwun & Chiang Hsing-hsing
7083 Whitewater St
Carlsbad, CA 92011-5435
APN: 214-590-14-06
Gordon Yee
20627 E Oak Crest Dr
Diamond Bar, CA 91765-4703
APN: 214-590-14-07
John Schohl
13908 N 109th PI
Scottsdale, AZ 85255-1621
APN: 214-590-14-08
Gary Brummett
7084 Whitewater St
Carlsbad, CA 92011-5434
APN: 214-590-14-09
Rita Haines
PO Box 891
Solana Beach, CA 92075-0891
APN: 214-590-14-10
Brad Vaughn
7096 Whitewater St
Carlsbad, CA 92011-5434
APN: 214-590-14-11
Dana Thurm
PO Box 965
Solana Beach, CA 92075-0965
APN: 214-590-14-12
James Meador
7104 Whitewater St
Carlsbad, CA 92011-5436
APN; 214-590-14-13
Kerins Family Trust
7108 Whitewater St
Carlsbad, CA 92011-5436
APN: 216-010-02-00
Schreiber Dale L & Donna K Trs
7163 Argonauta Way
Carlsbad, CA 92009-6507
APN: 216-010-03-00
Schreiber Dale L & Donna K Trs
7163 Argonauta Way
Carlsbad, CA 92009-6507
APN; 216-010-04-00
Schreiber Dale L & Donna K Trs
7163 Argonauta Way
Carlsbad, CA 92009-6507
APN; 216-140-17-00
L S F 5 Carlsbad Holdings LLC
717 N Hanwood St Ste 2100
Dallas, TX 75201-6502
APN: 216-510-12-00
Sanpacifico Community Assn
28481 Rancho California Rd Ste 101
Temecula, CA 92590-3667
APNT^-216-510-40-05
Steven AppR
7358 S§
Ca
APN: ^2+5=510-40-05
Cramer F5pjiiy*5§Q6 Trust
7Z6^ySeafarer PI
arlsbad, CA 92011-4672
APT!lr^6-510-40-07
Turnbull I
7360!
Cad
APN: 216-510-42-07
Mathews Family Intervivos Revocable Trust
501 Anchorage Ave
Carlsbad, CA 92011-4667
APN: 216-510-42-08
Arthur Knowles
431 W Foothill Blvd
Arcadia, CA 91006-2213
APN: 216-510-42-09
Lonnegren Family Trust
507 Anchorage Ave
Carlsbad, CA 92011-4667
APN; 216-510-42-10
Hale Robert & Patricia Revocable Trust
505 Anchorage Ave
Carlsbad, CA 92011-4667
APN: 216-510-42-11
William Howell
517 Anchorage Ave
Carlsbad, CA 92011-4667
APN: 216-510-42-12
Mark Wardas
519 Anchorage Ave
Carlsbad, CA 92011-4667
APN; 216-510-42-13
David Socks
523 Anchorage Ave
Carlsbad, CA 92011-4667
APN: 216-510-42-14
Richard Eidson
521 Anchorage Ave
Carlsbad, CA 92011-4667
Jam and Smudge Free Printing
Uje Avery® TEMPLATE 5160®
AI^N: 216-510-42-06
Chantal Cutter
PO Box 140156
Irving, TX 75014-0156
vwwv.avery.com
1-800-GO-AVERY
APN: 216-510-42-05
William Van Cleve
7301 Seafarer Place
Carlsbad, CA 92011-4673
AVERY® 5160®
APN: 216-510-42-04
Michael & Katherine Hawkins
6438 Terraza Portico
Carlsbad, CA 92009-3045
APN: 216-510-42-03
Kishore Seendripu
7309 Seafarer Place
Carisbad, CA 92011-4673
APN: 216-510-42-02
Richard Whitehead
7313 Seafarer Place
Carlsbad, CA 92011-4673
A notice been mailed to
future:.
Mbn>rSui>;^
APN: 216-510-42-01
John Pinnow
1823 N. Screenland Dr
Burbank, CA 91505-1440
'ute •
Jtqnature:.
Minor Sub-
AM3AV-OD-008-1
llinfXiaAP-AAAAM
^ ®09I.S *|JeqB6 3| zasMun ^
06/3B/2BB9 14:19 858-571-05B2 CREW ENGINEERING PAGE 01
CREW ENQINEERINQ
AND SURVEYING
5725 KEAKNY VttlAROAD, SVITE D SAN DIEGO, CALEFOIWIA 92123 (SK) 571-0533
(S58) 571-03«2
Jvne 30, 2009
CityofCArtsbacI
Public Works- Engineering
1635 Faraday .Avenue
Cartsbad, CA. 92008
Attn-: Frank. Jimeno, P.E.
RECEIVED
JUN 3 0 2009
ENGINEERING
DEPARTMENT
Ret: Tentative Parcel Map, MS-Q5-23, Hilton Carlsbad Beach Resort & Spa
(J.N. 1305)
Frank,
I appreciate you taking the time to meet with me this inornin8.and to fiekl my.quaftions
regarding the above refarenced project. From our meeting I am taking away the
following understanding, first the Remainder Parcel is solely that small triangMlar area
South of Ponto Drive abutting A.P.N.'s 214-160-04 through 06 and 34. Second that the
ci^ expeda Ponto Drive to be a public right of way and will condition the refarenoed
tentative parcel map to dedicate the right of way If it is not currently in existence. The
status of the existing Ponto Drive (.public or private^ was not clear at our meeting. ThW
that the improvement of the South end of Ponto Drive for the above referenced
application Is an interim Improvement and that at some future time Ponto Drive Is
anticipated to raised tn elevation approximately 5 feet.
Ptease accept this letter as record of my client's (Dale Schreiber/ Ponto Storage)
concern that the public right of way be established with the applications for the above
referenced project, at this time.
Should you have any. questions regarding this correspondence please contact me
directiy.
Respectfully Submitted,
Crew Engineering and Sun/eying
Ronald CAahmaCi
Civil Engineer/ Land Sun/eyor
Frank Jimeno
From: Glen Van Peski
Sent: Monday, March 14, 2011 5:42 PM
To: Frank Jimeno
Subject: FW: Minor Subdivision 05-23 - Parcel Map
Follow Up Flag: Follow up
Flag Status: Flagged
OK, looks like this takes care of it.
From: Jane Mobaldi
Sent: Monday, March 14, 2011 5:21 PM
To: Richard Gant
Cc: Bill Canepa; Glen Van Peski; Ronald Kemp; Ron Ball
Subject: RE: Minor Subdivision 05-23 - Parcel Map
Thank you. In light of that confirmation, subordination ofthe previously recorded non-exclusive easement for road and
public utility purposes granted to Mr. Chaffee will not be required prior to final map recordation.
Jane Mobaldi
Assistant City Attorney
1200 Carlsbad Village Drive
Carlsbad, CA 92008
(760) 434-2891
(760) 434-8367 facsimile
CARLSBAD
Office of tlie City Attorney
' ! . I J I f II > Jl > < I • ' 1 I ^ I rt I J I , |. '
! t , >j . ; ( U J 1 I \ > I n H > ! I tb I ) < I
If' i I • I < I I I ynt \ > n I) I' iiM( 1 ' t J II hi
From: Richard Gant rmailto:dick(g)ragant.com1
Sent: Monday, March 14, 2011 5:01 PM
To: Jane Mobaldi
Cc: Bill Canepa
Subject: Minor Subdivision 05-23 - Parcel Map
Dear Ms. Mobaldi - In order to eliminate any ambiguity that may exist, this letter confirms that the Hold Harmless
Agreement dated March 11, 2011 and executed by Wave Crest Oceanfront LLC is intended include the obligation to
indemnify and hold the City of Carisbad and its officers, agents and employees harmless from liability or damage that
may occur by reason of the installation of public improvements of Ponto Drive pursuant to Planning Commission
Resolution No. 6555, which improvements were and are conditions for final approval of the Parcel Map submitted for
Minor Subdivision No. 05-23.
Please advise us if you require further confirmation..
Very truly yours,
Richard A. Gant
Richard A. Gant
1740 AltaVista Way
San Diego CA 92109
Tel: (858) 274-7443
Fax: (858) 483-2342
Email: dick(5).raaant.com
z SECRETARY OF STATE FILE NUMBER
200111710030
3. JURISDICTION OF FORMATION
4. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CrrY AND STATE ZIP CODE
829 Second Street. SnitP A •R-nr-i-n-i t-ac Pi
5. STREET ADDRESS IN CALIFORNIA OF OFFICE WHERE RECORDS ARE MAINTAINED (FOR DOMESTIC ONLY) CrTY
CA
ap CODE
829 Second Street, Suite A Encl-nitsR . CA
State of California
Bill Jones
Secretary of State
LIMITED LIABILITY COMPANY - STATEMENT OF INFORMATION
Filing Fee - Please see information section
IMPORTANT - Read Instructions Before Completing This Form
LIMITED LIABIUTY COMPANY NAME
WAVE CREST RESORTS II LLC
CHECK THE APPROPRIATE PROVISION BELOW AND NAME THE AGENT FOR SERVICE OF PROCESS:
^ ] AN INDIVIDUAL RESIDING IN CAUFORNIA.
i ] A CORPORATION WHICH HAS FILED A CERTIFICATE PURSUANT TO SECTION 1505 OF THE CALIFORNIA CORPOFIATIONS CODE.
AGEm-SNAME: WillTaTn T. Tanopg
ADDRESS OF THE AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL
829 Second Street, Suite A ' Encinitas
cmr
CA
ZIP CODE
DESCRIBE TYPE OF BUSINESS OF THE UMrTED LIABILrTY COMPANY.
Real estate investment company and pn.q.gihlp rpal
LIST THE NAME AND COMPLETE ADDRESS OF ANY MANAGER OR MANAGERS, ORIF NONE HAVE BEEN APPOINTED OR ELECTED.
PROVIDE THE NAME AND ADDRESS OF EACH MEMBER AND CHIEF EXECUTIVE OFFICER (CEO), IF ANY. (CHECK THE APPROPRIATE
DESIGNATION). ATTACH ADDITIONAL PAGES IF NECESSARY. •
NAME
ADDRESS
Three Seas Enterprises, Inc,
829 Second Street, Suite A
"-•^ Encinitas STATE CA ZIP 92024
y MANAGER
[]MEMBER
( 1 CEO, IF ANY
10. NAME
ADDRESS
CITY STATE ZIP
[ ]MANAGER
[ ]MEMBER
[ ]CEO. IF ANY
11. NUMBER OF PAGES ATTACHED, IF ANY.
None
IZ I DECLARE THAT/HS STATEMENT IS TRUE, CORRKn-, AND COMPLETE.
DF INDIVIDUAL AUTHORIZED TO DATE
5/27/01
Willi am T. rati
TYPE OR PRINT NAME AND ippa
TITLE
Prpqidpnt OF PERSON SIGNING
DUE DATE: JUL I 5 2Q0!
SEaSTATE FORM LLC-12 (REV. 11/99) APPROVED BY SEC.-IETARY OF STATE
Resolution of Board of Directors of
Tliree Seas Enterprises, Inc.
I, William L. Canepa, Hie Secretary of Three Seas Enterprises, Inc. a California
corporation, do hereby certify tliat at a meeting of tliis corporation's Board of Directors
held on December 30"^ 2003, the following resolution was unanimously adopted:
Resolution
Resolved, that tlie Corporation hereby autliori2es William L. Canepa, as President of the
Corporation, to sign, do, and perform any and all acts as may be reasonable or necessary
on behalf of this corporation, acting in its capacity as tlie designated Manager of Wave
Crest Resorts II LLC, to enable Wave Crest Resorts II LLC to develop any of its
Dated December 30'" 2003 l^^iXy/^!i..fn^ f ,
William L. Canepa, Secretary /
State of California
Bill Jones
Secretary of State
STATEMENT BY DOMESTIC STOCK CORPORATION
Filing Fee - Please see information section
IMPORTANT - Read Instructions Before Completing This Form °^
1. DO NOT ALTER PREPRINTED NAME. IF ITEM 1 IS BLANK. PLEASE ENTER THE CORPORATE NAME AND NUMBER.
DUE DATE: JULY 25, 2001
THREE SEAS ENTERPRISES, INC
ENDORSED
FILED
in ItK olAct of the Secretay of SUt6
of the State of Cali<ontia
MAY 0 7 2001
BIU JONES, Si^ of State
This Space For Filing 'Jse Only
2. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE
«29 Sp.cnnd Street. Suite A
CITY AND STATE
EncXnAtj^St CqLlAfpyni-g
Z:= CODE
92024
STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA, IF ANY
829 Second Street, Suite A Encinitas,
CITY
CA
Z;? CODE
92024
4. MAILING ADDRESS
829 Second Street, Suite A
CITY AND STATE
Encinitas, California
Z:P CCDE
92024
LISTTHE NAMES; AND COMPLETE ADDRESSES OF THE FOLLOWING OFFICERS: (The corporation mu^^ have these three officers. An
officer may hold more than on^offlce. The appnjprlate title for the officer may not alter or obllterateithe form). • " . ;
5. CHIEF EXECUTIVE OFFICER/ ADDRESS CITY AND STATE
William L. Canepa 829 Second Street, Suite A Encinitas, California
ZIP CODE
92024
6. SECRETARY/ ADDRESS CITY ANO STATE
William L. Canepa 829 Second Street, Suite A Encinitas, California
Z:P CODE
92024
7. CHIEF FINANCIAL OFFICER/ ADDRESS CITY AND STATE
Lynn C. Cannady 829 Second Street, Suite A Encinitas, California
Z:P CODE
92024
LIST THE NAMES AND COMPLETE ADDRESSES OF ALL DIRECTORS,. INCLUDING DIRECTORS WHO ARE ALSO OFFICERS: (The
corooration must have one or more directors).
8. NAME ADDRESS CITY AND STATE
William L. Canepa 829 Second Street, Suite A Encinitas, California
Z;P CODE
92024
9. NAME ADDRESS CrTY AND STATE
Lvnn C. Cannady 829 Second Street, Suite A Encinitas, California
Z.'P CODE
92024
10. NAME ADDRESS " CiTY AND STATE goDE
11. NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS. IF ANY: Nnn P
12. CHECK THE APPROPRIATE PROVISION BELOW AND NAME THE AGENT FOR SERVICE OF PROCESS;
K 1 AN INDIVIDUAL RESIDING IN CALIFORNIA.
( ) A CORPORATION WHICH HAS FILED A CERTIFICATE PURSUANT TO SECTION 1505 OF THE CALIFORNIA CORPORATIONS CODE.
AGENTS NAME: William L. Canepa
13. ADDRESS OF THE AGENT FOR SERVICE OF PROCESS IN CALIFORNIA. IF AN INDIVIDUAL. CITY
829 Second Street, Suite A Encinitas CA
ZIP CODE
92024
14. DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION
Manager of a llmlt-.eH 11 a>n'1 rnmpaTiy
15. 1 DECLARE THAT I HAVE EXAMINED THIS STATEMENT ANO TO THE BEST OF MY KNOWLEDGE ANO BELIEF. IT IS TRUE. CORRECT, AND COMPLETE.
William L. Canepa
TYPE OR PRINT NAME OF SIGNING OFFICER OR .AGENT ^ J TITLE
dent. .^/7/ni
;ATE
SO-:00 C ^R£V. 11.991 .Aoorovea bv Secreian iraie
231*1 |lf9
ARTICLES OF INCORPORATION
ENDORSED • FILED
in Uw office of ttw Secmiaiy ol Stite
of the State ol California
APR 2 5 2001
eiLUONES. SsciBtaiy of State
L
The name of this corporation is Three Seas Enterprises, Inc
n.
The puiTpose of the corporation is to engage in any lawful act or activity
for which a corporation may be organized imder the General Corporation Law
of Califomia other than the banking business, the trust company business or the
practice of a profession permitted to be incorporated by the California
Corporation Code.
in.
The name and address in the State of Califomia of this corporation's
initial agent for service of process is:
Waiam L. Canepa
829 Second Street
Suite A
Encintas, Califomia 92024
IV.
This corporation is authorized to issue only one class of shares of stock;
and the total number of shares which this corporation is authorized to issue is
10,000.
V.
All of the corporation's issued shares shall be held of record by not more
than 35 persons. This corporation is a close corporation.
Dated: April 23,2001
William L. Canepa,
Incorporator
UJ
o
TENTATIVE ASSESSOR MAP
SAN DIEGO COUNTY ASSESSOR'S MAP
214-16
SHT 2 OF 2
1" = 200'
s
a ca
5?
!3
S2
CHANOES
BUC POOR APN MEW APN m CUT NO.
Drawn: 06/07/10 Rev. 4/27/11
By: RAG
Ctrl#: 10029
TRA: 09023 & 09027
From: 214-160-10
214-160-11
214-160-13
214-160-19
214-160-20
214-160-21
214-160-24
214-160-29
214-590-04
UJ
5
MS-05-23 TPM
J
RECORDING REQUESTED BY:
City of Calsbad
LarKi Development Engineering
WHEN RECORDED, MAIL TO.
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CERTIFICATE OF CORRECTION
Pursuant to Chgqi^er 3, Article 7, of the Subdivision Map Act or any amendments thereto, NOTICE
IS GIVEN that I, James O. Eyerman. hereby certify that enter tract n«ne. Parcel Map Number
20899, in the City of Carlsbad, Ctxjnty cf San Diego, State of California, filed as document no.
2011 -0351449 in the Office of the Recorder of fhe County of San Diego on July 12. 2011 is in
error and is corrected in accordance with Secdon 68489 of tfie Siixiivision IMa^ Act or my
amendment tfiereto as fbiiows;
Corrections:
The street name of Ponto Drive as shown on P^cel Map 20899 shall be diar^ed to Ponto
Road. The location of this change on the said Psvcel Map 20899 is witNn tfie Owners Statement
on Sheet 1, Sheete nuRntMfs 3 & 4 and items 4 and 5 on Sheet 5.
in accordance with sectkm 66470 cf the Sidxlivision Map Act, I certify ttiat ttie following are tf«
narms of all of the fee owri^ of real property affected by such oorredion or
dateof ttie filing or recording of the original recorded map. I certify ttiat such owners have tie^
notified of ttiese corrections.
Names:
Wave Crest Oceanfiront LLC
CERTIFICATE OF ENGINEER OR SURVEYOR
I further certify ttiat tiie above Certificate of Correction was pr^>ared by or iRider ttie drection and
control ofthe undersigned registered civil engineer or provisional land ^wveyor.
ignature of Civil ^|i^neer or Land Sirveyor
JAMES O. EYERMAN
PLS 6336 My registration expires on 12/31/12
Date Sidled
I, Glen K. Van Peski, as ttie dfy engineer of tiie City of Carisbad, State of Califbmta, certify ttiat I
have examined ttie foregoing Certificate of Correction and find tiiat ttie or^y changes shown
hereon are changes provided for by Section 66469 of ttie Subdivision Map Act or any
amendmwits tfiereto.
By:
Glen K. Van Peski, City Engineer Date Signed
PLS 8801, Exp. 12/31/2012
PONTO DRIVE HOTEL CAPITAL LLC
0*0 UBS Realty Investors LLC
242 Trumbull Street
Hartford, CT 06103-1212
(860) 616-9000
CERTIFICATION
The undersigned, PONTO DRIVE HOTEL CAPITAL LLC, a Delaware limited liability
company (the "Company") hereby certifies the following:
1. The Company is the holder of a mortgage loan secured by a to-be-built hotel
project located at the intersection of Carlsbad Boulevard and Ponto Drive,
Carlsbad, California (the "Property") and
2. TRI REIT Operating Partnership LP, a Delaware limited partnership (the
"Member"), is the sole member of the Company and has all rights and powers
to act on behalf of the Company as set forth in Section 8 of the Company's
Operating Agreement. A copy of Section 8 and the introductory paragraph of
the Company's Operating Agreement are attached hereto as Exhibit A.
3. TPI REIT Operating Partnership GP LLC, the Member's general partner, has all
rights and powers to act on behalf of the General Partner as set forth in Section
8 of the Member's Limited Partnership Agreement. A copy of Section 8 is
attached hereto as Exhibit B.
Dated at Hartford, Connecticut as of this 27th day of June, 2011.
PONTO DRIVE HOTEL CAPITAL LLC, a
Delaware limited liability company
By: TPI REIT Operating Partnership LP, its
Member
By: TPI REIT Operating Partnership
GP LLC, its general partner
By: m.yU .. /fei^n-
Anita C. Hochstein
Assistant Secretary
STATE OF CONNECTICUT ) , (
) ss tt^rrivCcl
COUNTY OF HARTFORD )
Sworn to and subscribed before me, a Notary Public in and for said County and
State this 27th day of June, 2011, by Anita C. Hochstein, the duly appointed Assistant
Secretary of TPI REIT Operating Partnership GP LLC, the general partner of TPI REIT
Operating Partnership LP, the sole member of Ponto Drive Hotel Capital LLC, on behalf of
said Company.
WITNESS WHEREOF, I have hereunto set my hand and official seal
Notary Public
PATRICIA B. REIDY
NOTARY PUBLIC
My Commission Expires:
April 30, 2014
[SEAL]
EXHIBIT A
THIS OPERATING AGREEMENT (this " Agreement'') of PONTO DRIVE HOTEL
CAPITAL LLC, a Delaware limited liability company (the "Company"), is made as of the
3rd day of November, 2010, by TPI REIT Operating Partnership LP, a Delaware limited
partnership (the " Member"), pursuant to the provisions of the Delaware Limited Liability
Company Act (the "Act"), Title 6 of the Delaware Code, Chapter 18,- on the following
terms and conditions:
8. Management. The business and affairs of the Company shall be managed
by the Member. The Member shall have the power to do any and all acts necessary,
convenient or incidental to or for the furtherance of the purposes described herein,
including all powers and privileges, statutory or otherwise, possessed by a member under
the Act. Notwithstanding anything to the contrary in this Agreement, the Member shall
have the power and authority to execute and deliver any agreement, instrument or other
document, or take any other action, for which this Agreement requires the vote, consent
or agreement of the Member (or other members of the Company) without obtaining such
formal vote, consent or agreement.
EXHIBIT B
8. Management. The business and affairs of the Partnership shall be managed by the
General Partner. The General Partner shall have the power to do any and all acts necessary,
convenient or incidental to or for the furtherance of the purposes described herein, including all
powers aiul privileges, statutory or otherwise, possessed by general partners under the Act and
shall have the authority to act for and bind the Partnership. The Partners (other than the General
Partner) shall not participate in the conduct or control of the Partnership's business or affairs and
shall have no authority to act for or bind the Partnership.
Frank Jimeno
From:
Sent:
To:
Cc:
Subject:
Attachments:
Timothy.Cahill@ubs.com
Monday, June 27, 2011 11:25 AM
Frank Jimeno
bhofman@hofmanplanning.com
Hilton Carlsbad - Ponto Drive Hotel Capital LLC Certification
Ponto Drive Hotel Capital LLC Certification.pdf; Legal Disclaimer.txt
Frank,
Attached please find a certification that provides the requested chain of the authority from TPI REIT Operating
Partnership GP LLC to TPI REIT Operating Partnership LP to Ponto Drive Hotel Capital LLC along with the relevant
provisions from the operating and partnership agreements. I trust this certification will resolve the lender signature
authority question to your satisfaction. Sorry for the delayed response, however, ultimately our legal folks decided that
preparing and executing a new certification would be the most straightforward way to provide you the information you
needed.
Upon your review, let me know if all is in order and we'll begin to make arrangements to finalize the signature block on
the map and circulate for signature.
Thanks for your assistance.
Regards,
Tim
Tim Cahill | Executive Director
UBS Global Asset IVIanagement j Real Estate | US
455 IVIarket Street, Suite 1540 | San Francisco, CA 94105
Tel: 415-538-4820 j Fax: 415-538-8141 | Cell: 415-816-9737
timothy.cahill@ubs.com
SECRETARY'S CERTIFIOkTE
I, Thomas J. O'Shea, Secretary of UBS Realty Investors LLC, a Massachusetts limited liability
company ("UBS Realty"), do hereby certify that the following resolution was duly adopted by
the Board of Directors of AR! Acquisition Corporation, a Massachusetts corporation, sole
managing member of UBS Realty, on February 25, 2008, and that such vote has not been
modified or rescinded, and is in full force and effect as of this date:
RESOLVED: That each of the officers of UBS Realty with any of the following titles:
Chief Executive Officer
President
Managing Director
Chief Financial Officer
Executive Director
General Counsel
Director
Secretary
Assistant Secretary
(1) are hereby appointed as officers of the following entities (each a "Fund Entity,
and collectively, the "Fund Entities"), with the same title as such officer holds
with respect to UBS Realty: (a) Trumbull Property Fund GP LLC, (b) TPF Hotel
REIT Operating Partnership GP LLC, (c) TPF Equity REIT Operating Partnership GP
LLC, (d) TPF Equity Trust Operating Partnership GP LLC, (e) TP Subsidiary GP
LLC, (f) Trumbull Property Income Fund GP LLC, (g) TPI REIT Operating
Partnership GP LLC, (h) TPI Subsidiary GP LLC, (i) Core-Plus GP LLC, (j) Trumbull
Property Growth & Income Fund GP LLC, (k) any such other entity, or subsidiary
or affiliate of any entity, that is advised or managed by UBS Realty from time to
time, and (I) such other entities as may be designated by UBS Realty from time
to time; and
(2) are hereby severally authorized to sign (i) in UBS Realty's name in its own
capacity, or in its capacity as a manager of other limited liability companies or as
an investment advisor and agent and (ii) in a Fund Entity's name in its own
capacity, or in its capacity as a general partner, manager or managing member
of another entity:
(a) purchase and sale agreements, joint venture agreements, and other
agreements, documents, certificates and instruments related to the acquisition
or disposition of real estate and real estate related assets by the Fund Entities
or by any other entity for which UBS Realty serves as manager or investment
advisor and agent or by any of their respective direct or indirect subsidiaries;
(b) conveyances and leases of real estate or any interest therein including any
modification thereof and other agreements, certificates, documents and
instruments related to the sale, operation or management of real estate and
real estate related assets owned by the Fund Entities or by any other entity for
which UBS Realty serves as manager or investment advisor and agent or by any
of their respective direct or indirect subsidiaries;
(0 loan agreements, pirpmissory notes, mortgages, deeds of trust, guaranties,
indemnities, reimbbrsement agreements and other agreements, certificates,
documents and instruments related to the borrowing of money by the Fund
Entities or by any other entity for which UBS Realty serves as manager or
investment advisor and agent or by any of their respective direct or indirect
subsidiaries;
(d) loan agreements, promissory notes, mortgages, deeds of trust, assignments of
the foregoing and releases of mortgages and other liens, claims and demands
and other agreements, certificates, documents and instruments related to the
lending of money by the Fund Entities or by any other entity for which UBS
Realty serves as manager or investment advisor and agent or by any of their
respective direct or indirect subsidiaries;
(e) Investment advisory, property management, brokerage, and other real estate
and investment related agreements;
(f) subscription agreements, side letter agreements and other agreements,
certificates, documents and instruments related to the investment by third
parties in the real estate funds advised or managed from time to time by UBS
Realty (including, without limitation, the Fund Entities);
(g) any other agreement, certificate, document or instrument which they are
authorized to approve in the normal course of UBS Realty's business;
(h) any other agreement, certificate, document or instrument when specifically
authorized by the Board of Directors, the Chief Executive Officer or the
President;
and are further severally authorized (1) to delegate all or any part of the
foregoing authority to one or more officers, employees or agents of UBS Realty
or any of the Fund Entities, provided that each such delegation is in writing
and a copy thereof is filed in the Office of the Secretary, or (ii) to designate any
attorney at law representing UBS Realty or any of the Fund Entities on a matter
under their direction, to so sign UBS Realty's or such Fund Entitie's name; and
(3) that each of the officers of UBS Realty and the Fund Entities, as applicable, be,
and each of them hereby is, authorized, empowered and directed to take such
other actions and to execute, deliver, perform and file all such further
agreements, documents, certificates, notices or instruments as may be required
or as such officers may deem necessary, advisable or desirable to effectuate fully
the purposes and intent of the foregoing resolutions, and further, that it be,
and it is hereby, confirmed that all such actions taken by such officers are taken
by such officers as representatives of UBS Realty or the Fund Entities, as
applicable, and not in their personal capacity.
Dated at Hartford, Connecticut on
INCUMBENCY AFFIDAVIT
I, Roberta F. Woronow, Assistant Secretary of UBS Realty Investors LLC (the
"Company"), do hereby certify that at as of the date hereof, the following person
is duly appointed to and is now holding the office set opposite his signature and the
signature set forth beside such person's name is the true signature of such person:
NAME TITLE SIGNATURE
Timothy J. Cahill Executive Director
Dated at Hartford, Connecticut, on June ll> . 2011.
Roberta F. Woronow
Assistant Secretary
Resolution of Authority
RESOLVED:
PONTO DRIVE HOTEL CAPITAL LLC, a Delaware limited liability company, (the Company)
hereby authorizes and directs TIMOTHY CAHILL, as its authorized agent, to execute on behalf
ofthe Company Minor Subdivision Map No. 05-23, being a map of a portion ofthe City of
Carlsbad, County of San Diego, State of California, said Map to be filed in the office of the
County recorder of said County and State.
Dated : June , 2011
PONTO DRIVE HOTEL CAPITAL LLC
A Delaware limited liability company
By TPI REIT Operating Partnership LP,
A Delaware Limited partnership.
Its sole member
By: TPI REIT Operating Partnership GP LLC
A Delaware limited liability company
Its general partner
By:
NAME:
Title:
By:_
NAME:
Title:
CLTA Guarantee Form No. 23 (1/13/78)
Order Number: 251709-01
Fee: $500.00
Order No.: 251709-01
Parcel Map Reference: Minor Subdivision No. 05-23
Policy Date: July 5, 2011
PARCEL MAP GUARANTEE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF
THIS GUARANTEE,
STEWART TITLE GUARANTY COMPANY
a Texas Corporation, herein called "the Company",
GUARANTEES
City of Carlsbad and Wave Crest Oceanfront LLC, a Califomia limited liability company
That, according to those public records which, under the recording laws, 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 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:
Ponto Drive Hotel Capital LLC, a Delaware limited liability company, as beneficiary under Deed of
Trust recorded January 7, 2011 as File No. 2011-0012516 of Official Records.
The signature of the Parties listed below, owners of easements per Documents noted below may be
omitted under the provisions of Section 66436, Subsection (a)(3)(A) of the Subdivision Map Act, their
interest being such that it cannot ripen into a fee title and said signatures are not required by the
goveming body:
(8) a. Southem Counties Gas Company of Califomia per Document recorded September 21, 1946 in
Book 2239, Page 239 of Official Records
(9, 15, 17) b. Howard F. Barton and Francel T. Barton per Documents recorded July 29, 1963 as File
No. 131939, July 21, 1964 as File No 131132, and Febmary 13, 1969 as File No. 25950, all of Official
Records.
(24) c. Daniels Cablevision, Inc., per document recorded June 23, 1999 as File No. 1999-0437778 of
Official Records;
(27) d. Daniels Cablevision, Inc., per document recorded September 9, 1999 as File No. 1999-0620133
of Official Records; and
herein called the Assured, against loss not exceeding $1,000.00, which the Assured shall sustain by reason of any
incorrectness in the assurance which the Company hereby gives that, according to the public records on the date
stated below,
Serial No. G-2524-16043
Page 1 ofl6
CLTA Guarantee Form No. 23 (1/13/78)
Order Number: 251709-01
1. The title to the herein described estate or interest was vested in the vestee named, subject to the matters
shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; and
2. Had said Parcel Map been recorded in the office of the County Recorder of said county, such map would be
sufficient for use as a primary reference in legal descriptions ofthe parcels within its boundaries.
In witness whereof, Stewart Title Guaranty Company has caused this Guarantee to be signed and sealed by its duly
authorized officers as of Date of Guarantee shown in Schedule A.
Countersigned by:
Authorized Countersignature
STEWART TITLE OF CALIFORNIA, INC.
r Stewart •title guaranty company
\3: i 1 9 0 B -31
President
Serial No. G-2524-16043
Page 2 of 16
CLTA Guarantee Form No. 23 (1/13/78)
Order Number: 251709-01
PART 1
The estate or interest in the land hereinafter described or referred to, covered by this Preliminary
Guarantee is a fee.
A Fee as to Parcels 1 through 6 and an Easement as to Parcels 1 A, 2A, 2B, and 5 A
Title to said estate or interest at the date hereof is vested in:
Wave Crest Oceanfront LLC, a Califomia limited liability company
The land included within the boundaries of the Parcel Map hereinbefore referred to in this Guarantee is
described as follows:
PARCEL 1: (APN 214-160-13)
ALL THAT PORTION OF THE SOUTH 2/3RD OF LOT 4 (SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER) OF SECTION 29, TOWNSHIP 12 SOUTH,
RANGE 4 ifllEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA ACCORDING TO OFFICIAL PLAT THEREOF,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION
29, WITH THE WESTERLY LINE OF THE ABANDONED PORTION OF THE
ATCHISON, TOPEKA AND SANTA FE RAILWAYS COMPANY'S (FORMERLY THE
CALIFORNIA RAILWAY COMPANY RIGHT OF WAY ACROSS THE SOUTH 2/3RDS
OF SAID LOT 4, SAID POINT BEING DISTANT ALONG SAID SOUTHERLY
LINE NORTH 89°49'00" WEST 209.69 FEET FROM THE SOUTHEAST CORNER
OF SAID SECTION 29; THENCE ALONG THE WESTERLY LINE OF SAID
ABANDONED RAILROAD RIGHT OF WAY, NORTH 04°40'18" WEST TO THE
NORTHERLY LINE OF SAID SOUTH 2/3RDS OF LOT 4, BEING THE SOUTH
LINE OF LAND CONVEYED TO HERBERT J. ESTES BY DEED RECORDED
DECEMBER 3, 1936 IN BOOK 600, PAGE 65 OF OFFICIAL RECORDS;
THENCE ALONG SAID NORTHERLY LINE, NORTH 89°40'18" WEST 264.46
FEET TO THE NORTHEAST CORNER OF LAND CONVEYED TO HOWARD F.
BARTON, ET UX, BY DEED RECORDED APRIL 25, 1951 AS FILE NO.
53197 IN BOOK 4072, PAGE 451 OF OFFICIAL RECORDS; THENCE ALONG
THE NORTHEASTERLY LINE OF SAID BARTON LAND, SOUTH 19°50'00"
EAST 212.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID NORTHEASTERLY LINE AND THE SOUTHEASTERLY
PR0L0N(3ATI0N THEREOF, BEING ALSO THE NORTHEASTERLY LINE OF
"EXCEPTION PARCELS "A" "B" AND "C," AS DESCRIBED IN DEED TO
A.S. BURNS AND AUDIE E. BURNS, HUSBAND AND WIFE RECORDED
JANUARY 31, 1951 IN BOOK 3956, PAGE 5 OF OFFICIAL RECORDS,
SOUTH 19°50'00" EAST 546.44 FEET TO THE SOUTHEAST CORNER OF SAID
Serial No. G-2524-16043
Page 3 of 16
CLTA Guarantee Form No. 23 (1/13/78)
Order Number: 251709-01
EXCEPTION PARCEL "A"; THENCE ALONG A STRAIGHT LINE CONNECTING
SAID SOUTHEAST CORNER WITH A POINT IN THE SOUTH LINE OF SAID
SECTION 29, DISTANT THEREON SOUTH 89°49'00" WEST 16.28 FEET
FROM THE POINT OF BEGINNING; SOUTH 15°17'00" EAST 42.30 FEET TO
A LINE WHICH IS PARALLEL WITH AND DISTANT 60.00 FEET WESTERLY,
MEASURED AT RIGHT ANGLES FROM THE AFOREMENTIONED WESTERLY LINE
OF SAID ABANDONED RAILROAD RIGHT OF WAY; THENCE ALONG SAID
PARALLEL LINE NORTH 04°40'18" WEST 570.01 FEET TO A LINE WHICH
BEARS SOUTH 89°40'18" EAST FROM THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID LINE NORTH 89°41'18" WEST 148.50 FEET TO THE
TRUE POINT OF BEGINNING.
PARCEL 1A:
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER,
UPON AND ACROSS A STRIP OF LAND 60,00 FEET OF EVEN WIDTH,
LOCATED WITHIN THE SOUTH 2/3RDS OF SAID LOT 4, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE PROPERTY DESCRIBED IN
PARCEL 1 ABOVE; THENCE ALONG THE NORTHEASTERLY LINE OF SAID
PROPERTY, BEING ALONG A LINE WHICH IS PARALLEL WITH AND DISTANT
60.00 FEET WESTERLY MEASURED AT RIGHT ANGLES FORM THE WESTERLY
LINE OF THE ABANDONED PORTION OF THE ATCHISON, TOPEKA AND SANTA
FE RAILWAY COMPANY'S (FORMERLY THE CALIFORNIA RAILWAY COMPANY)
RIGHT OF WAY ACROSS THE SOUTH 2/3RDS OF SAID LOT 4, SOUTH
04°40'18" EAST 570.01 FEET TO THE MOST SOUTHERLY CORNER OF THE
PROPERTY DESCRIBED IN PARCEL 1 ABOVE; THENCE ALONG A STRAIGHT
LINE CONNECTING SAID MOST SOUTHERLY CORNER WITH A POINT IN THE
SOUTHERLY LINE OF SAID SECTION 29, DISTANT THEREON SOUTH
89°49'00" WEST, 16.28 FEET FROM THE INTERSECTION OF SAID
SOUTHERLY LINE WITH THE WESTERLY LINE OF THE AFOREMENTIONED
ABANDONED RAILROAD RIGHT OF WAY, SOUTH 15°17'00" EAST 209.60
FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 25.00 FEET OF SAID
LOT 4; THENCE ALONG SAID NORTHERLY LINE SOUTH 89°49'00" EAST
21.15 FEET TO THE WESTERLY LINE OF SAID ABANDONED RAILROAD
RIGHT OF WAY; THENCE ALONG SAID WESTERLY LINE, NORTH 04°14'18"
WEST 15.05 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 40.00
FEET OF SAID LOT 4; THENCE ALONG THE NORTHERLY LINE SOUTH
89°49'00" EAST 38.13 FEET; THENCE NORTH 15°17'00" WEST 188.48
FEET TO THE WESTERLY LINE OF SAID ABANDONED RAILROAD RIGHT OF
WAY; THENCE ALONG SAID WESTERLY LINE NORTH 04°40'18" WEST
559.01 FEET TO A LINE WHICH BEARS SOUTH 89°40'18" EAST FROM THE
POINT OF BEGINNING; THENCE ALONG SAID LINE NORTH 89°40'18" WEST
60.23 FEET TO THE POINT OF BEGINNING.
PARCEL 2: (APN 214-160-29)
PARCEL A OF PARCEL MAP NO 4383, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 14, 1976.
PARCEL 2A:
Serial No. G-2524-16043
Page 4 of 16
CLTA Guarantee Form No. 23 (1/13/78)
Order Number: 251709-01
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER,
ALONG AND ACROSS A STRIP OF LAND 60.00 FEET OF EVEN WIDTH,
LOCATED WITHIN THE SOUTH TWO-THIRDS OF LOT 4 (SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER) OF SECTION 29, 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:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID
SECTION 29 WITH THE WESTERLY LINE OF THE ABANDONED PORTION OF
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S (FORMERLY
THE CALIFORNIA RAILWAY COMPANY ) RIGHT OF WAY ACROSS THE SOUTH
TWO-THIRDS OF SAID LOT 4, SAID POINT BEING DISTANT ALONG SAID
SOUTHERLY LINE NORTH 89°49'00" WEST 209.69 FEET FROM THE
SOUTHEAST CORNER OF SAID SECTION 29; THENCE ALONG THE WESTERLY
LINE OF SAID ABANDONED RAILROAD RIGHT OF WAY, NORTH 4°40'18"
WEST TO THE NORTHERLY LINE OF SAID SOUTH TWO THIRDS OF LOT 4,
BEING THE SOUTH LINE OF LAND CONVEYED TO HERBERT J. ESTES BY
DEED RECORDED DECEMBER 3, 1936 IN BOOK 600, PAGE 65 OF OFFICIAL
RECORDS; THENCE RETRACING SOUTH 4°40'18" EAST, 200.00 FEET TO A
POINT WHICH BEARS SOUTH 89°40'18" EAST FROM THE NORTHEASTERLY
CORNER OF LAND DESCRIBED IN PARCEL NO. 1 IN DEED TO BRUCE B.
KESNER, ET UX, RECORDED MARCH 3, 1961 AS FILE NO. 38987 OF
OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE NORTH 89°40'18" WEST 60.23 FEET TO AN INTERSECTION WITH
A LINE WHICH IS PARALLEL WITH AND DISTANT 60.00 FEET WESTERLY
OF, MEASURED AT RIGHT ANGLES TO THE WESTERLY LINE OF SAID
ABANDONED RIGHT OF WAY, BEING ALSO THE NORTHEAST CORNER OF SAID
KESNER LAND; THENCE ALONG THE BOUNDARY OF SAID LAND, SOUTH
4°40'18" EAST 570.01 FEET TO THE MOST SOUTHERLY CORNER THEREOF;
THENCE ALONG A STRAIGHT LINE CONNECTING SAID MOST SOUTHERLY
CORNER WITH A POINT IN THE SOUTHERLY LINE OF SAID SECTION 29,
DISTANT THEREON SOUTH 89°49'00" WEST 16.28 FEET FROM THE
INTERSECTION OF SAID SOUTHERLY LINE WITH THE WESTERLY LINE OF
THE AFOREMENTIONED ABANDONED RAILROAD RIGHT OF WAY, SOUTH
15°17'00" EAST 209.60 FEET TO THE NORTHERLY LINE OF THE
SOUTHERLY 25.00 FEET TO SAID LOT 4; THENCE ALONG SAID NORTHERLY
LINE, SOUTH 89°49'00" EAST 21.15 FEET TO THE WESTERLY LINE OF
SAID ABANDONED RAILROAD RIGHT OF WAY; THENCE ALONG SAID
WESTERLY LINE, NORTH 4°40'18" WEST, 15.05 FEET TO THE NORTHERLY
LINE OF THE SOUTHERLY 40.00 FEET OF SAID LOT 4; THENCE ALONG
SAID NORTHERLY LINE, SOUTH 89°49'00" EAST, 38.13 FEET; THENCE
NORTH 15°17'00" WEST 188.48 FEET TO THE WESTERLY LINE OF SAID
ABANDONED RAILROAD RIGHT OF WAY; THENCE ALONG SAID WESTERLY
LINE, NORTH 4°40'18" WEST 559.19 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 2B:
AN EASEMENT FOR RAILROAD SPUR RIGHT OF WAY AND UTILITY PURPOSES
OVER THAT PORTION OF THE ABANDONED ATCHISON, TOPEKA AND SANTA
FE RAILWAY COMPANY'S RIGHT OF WAY IN LOT 4 (SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER) OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE
Serial No. G-2524-16043
Page 5 of 16
CLTA Guarantee Form No. 23 (1/13/78)
Order Number: 251709-01
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:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID
SECTION 29 WITH THE WESTERLY LINE OF THE ABANDONED PORTION OF
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S (FORMERLY
THE CALIFORNIA RAILWAY COMPANY) RIGHT OF WAY ACROSS THE SOUTH
TWO-THIRDS OF SAID LOT 4, SAID POINT BEING DISTANT ALONG SAID
SOUTHERLY LINE, NORTH 89°49'00" WEST 209.69 FEET FROM THE
SOUTHEAST CORNER OF SECTION 29; THENCE ALONG THE WESTERLY LINE
OF SAID ABANDONED RAILROAD RIGHT OF WAY, NORTH 4°40'18" WEST TO
THE NORTHERLY LINE OF SAID SOUTH TWO-THIRDS OF LOT 4, BEING THE
SOUTH LINE OF LAND CONVEYED TO HERBERT J. ESTES, BY DEED
RECORDED DECEMBER 3, 1936 IN BOOK 600, PAGE 65 OF OFFICIAL
RECORDS; THENCE RETRACING SOUTH 4°40'18" EAST 200.00 FEET TO A
POINT WHICH BEARS SOUTH 89°40'18" EAST FROM THE NORTHEASTERLY
CORNER OF LAND DESCRIBED IN DEED TO BRUCE B. KESNER, ET UX,
RECORDED MARCH 3, 1961 AS FILE NO. 38987 OF OFFICIAL RECORDS;
THENCE SOUTH 89°40'18" EAST, A DISTANCE OF 180.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°40'18" EAST
20.00 FEET TO THE EASTERLY LINE OF THE LAND DESCRIBED UNDER
PARCEL 1 TO HAROLD F. BARTON, ET UX, RECORDED APRIL 25, 1951 IN
BOOK 4072, PAGE 451 OF OFFICIAL RECORDS; THENCE NORTH 4°40'18"
WEST ALONG SAID EAST EASTERLY LINE OF SAID BARTONS' LAND, A
DISTANCE OF 17.84 FEET TO AN INTERSECTION WITH THE
SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, RECORDED MARCH
30, 1946 IN BOOK 2059, PAGE 466 OF OFFICIAL RECORDS; THENCE
NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE TO A POINT OF
INTERSECTION WITH A LINE FROM WHICH THE TRUE POINT OF BEGINNING
BEARS SOUTH 4°40'18" EAST; THENCE SOUTH 4°40'18" EAST TO THE
TRUE POINT OF BEGINNING.
PARCEL 3: (APN 214-160-24)
THAT PORTION OF THE SOUTH TWO-THIRDS OF LOT 4 - SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER - OF SECTION 29, 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; INCLUDING A PORTION OF THE ABANDONED
PORTION OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S
- FORMERLY THE CALIFORNIA SOUTHERLY RAILWAY COMPANY - RIGHT OF
WAY DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION
29, WITH THE WESTERLY LINE OF THE ABANDONED PORTION OF THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S - FORMERLY THE
CALIFORNIA RAILWAY COMPANY - RIGHT OF WAY ACROSS THE SOUTH
TWO-THIRDS OF SAID LOT 4, SAID POINT BEING DISTANT ALONG SAID
SOUTHERLY LINE, NORTH 89°49'00" WEST 209.69 FEET FROM THE
SOUTHEAST CORNER OF SAID SECTION 29; THENCE ALONG THE WESTERLY
LINE OF SAID ABANDONED RIGHT OF WAY, NORTH 04°40'18" WEST TO
Serial No. G-2524-16043
Page 6 of 16
CLTA Guarantee Form No. 23 (1/13/78)
Order Number: 251709-01
THE NORTH LINE OF THE SOUTH 40.00 FEET OF SAID LOT 4; THENCE
ALONG SAID NORTH LINE, SOUTH 89°49'00" EAST 38.13 FEET TO THE
SOUTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO ROBERT 0.
WESTON, RECORDED JULY 21, 1964 AS FILE NO. 131132 OF OFFICIAL
RECORDS; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LAND, NORTH
15°17'00" WEST 188.48 FEET TO THE WESTERLY LINE OF SAID
ABANDONED PORTION OF SAID RIGHT OF WAY; THENCE CONTINUING ALONG
SAID WESTERLY BOUNDARY AND THE PROLONGATION THEREOF, NORTH
04°40'18", WEST 559.19 FEET TO THE NORTHWESTERLY CORNER OF LAND
DESCRIBED IN DEED TO PAUL IVICEVIC, ET UX, RECORDED JULY 29,
1963 AS FILE NO. 131939 OF OFFICIAL RECORDS; THENCE ALONG THE
NORTH LINE OF SAID LAND, SOUTH 89°40'18" EAST 200.00 FEET TO
THE NORTHEAST CORNER THEREOF, BEING A POINT IN THE EASTERLY
LINE OF SAID ABANDONED RIGHT OF WAY; THENCE ALONG SAID EASTERLY
LINE, NORTH 04°40'18" WEST TO THE SOUTHWESTERLY LINE OF THE
EXISTING 200.00 FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY; THENCE ALONG SAID SOUTHWESTERLY LINE,
NORTH 21°05'30" WEST, 195.00 FEET TO THE NORTHERLY LINE OF SAID
SOUTHWEST TWO-THIRDS OF LOT 4, BEING THE SOUTH LINE CONVEYED TO
HERBERT J. ESTES, BY DEED RECORDED DECEMBER 3, 1936 IN BOOK 600,
PAGE 65 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE,
NORTH 89°40'18" WEST 409.73 FEET TO THE NORTHEAST CORNER OF LAND
CONVEYED TO HOWARD F. BARTON, ET UX, BY DEED RECORDED APRIL 25,
1951 IN BOOK 4072, PAGE 451 OF OFFICIAL RECORDS; THENCE ALONG
THE NORTHEASTERLY LINE OF SAID BARTON LAND, SOUTH 19°50'00"
EAST, 212.25 FEET TO THE NORTHWESTERLY CORNER OF LAND DESCRIBED
IN DEED TO BRUCE B. KESNER, ET UX, RECORDED MARCH 3, 1961 AS
FILE NO. 38987 OF OFFICIAL RECORDS; THENCE SOUTH 89°40'18"
EAST, 148.50 FEET TO THE NORTHEAST CORNER OF SAID LAND; THENCE
ALONG THE EASTERLY LINE OF SAID LAND, SOUTH 04°40'18" EAST
570.01 FEET TO THE MOST SOUTHERLY CORNER OF SAID KESNER LAND;
THENCE SOUTH 15°17'00" EAST, TO A POINT IN THE SOUTH LINE OF
SAID SECTION 29, DISTANT THEREON SOUTH 89°49'00" WEST, 16.28
FEET FROM THE POINT OF BEGINNING; THENCE NORTH 89°40'00" EAST
16.28 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THE SOUTH 25.00 FEET AS GRANTED TO THE
COUNTY OF SAN DIEGO FOR ROAD PURPOSES - ROAD SURVEY 339 - BY
DEED RECORDED JUNE 12, 1918 IN BOOK 751, PAGE 47 OF DEEDS.
PARCEL 4: (APN 214-160-19)
THAT PORTION OF THE SOUTH TWO-THIRDS OF LOT 4 (SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER) OF SECTION 29, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL
PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE NORTH
89°49'00" WEST ALONG THE SOUTH LINE OF SAID LOT 4, A DISTANCE OF
467.45 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE EASTERLY
LINE OF THE STATE HIGHWAY DESCRIBED IN DECREE OF CONDEMNATION
RECORDED NOVEMBER 2, 1945 IN BOOK 1959, PAGE 465 OF OFFICIAL
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
Serial No. G-2524-16043
Page 7 of 16
CLTA Guarantee Form No. 23 (1/13/78)
Order Number: 251709-01
COUNTY; THENCE NORTH 19°50'00" WEST ALONG SAID EASTERLY LINE A
DISTANCE OF 703.49 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 70°10'00" EAST, 250.00 FEET; THENCE NORTH 19°50'00" WEST
PARALLEL WITH THE EASTERLY LINE OF SAID STATE HIGHWAY TO AN
INTERSECTION WITH THE SOUTHERLY LINE OF THE NORTHERLY ONE-THIRD
OF SAID LOT 4, AS CONVEYED TO HERBERT J. ESTES IN DEED RECORDED
DECEMBER 3, 1936 IN BOOK 600, PAGE 65 OF OFFICIAL RECORDS;
THENCE WESTERLY ALONG THE SOUTHERLY LINE OF THE LAND SO
CONVEYED TO ESTES TO AN INTERSECTION WITH THE EASTERLY LINE OF
SAID STATE HIGHWAY; THENCE SOUTH 19°50'00" EAST ALONG SAID
EASTERLY LINE TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF LYING WESTERLY OF A
LINE DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID LOT 4, DISTANT
ALONG SAID SOUTH LINE 325.97 FEET FROM THE SOUTHEAST CORNER OF
SAID LOT 4, SAID POINT ALSO BEING DISTANT ALONG SAID SOUTH LINE
SOUTH 89°49'10" EAST 88.23 FEET FROM ENGINEER'S STATION 196 PLUS
46.43 ON THE CENTERLINE OF THE DEPARTMENT OF PUBLIC WORK'S
SURVEY BETWEEN ENCINITAS AND OCEANSIDE ROAD XI-S.D.2-B; THENCE
ALONG A LINE PARALLEL WITH THE DISTANT 80.00 FEET NORTHEASTERLY
AT RIGHT ANGLES FROM THE CENTERLINE OF SAID SURVEY, NORTH
24°45'30" WEST, 72.54 FEET; THENCE ALONG A CURVE TO THE RIGHT
WITH A RADIUS OF 6,120.00 FEET THROUGH A CENTRAL ANGLE OF
04°55'30" A DISTANCE OF 526.06 FEET; THENCE NORTH 19°50'00"
WEST, 455.19 FEET TO A POINT IN THE NORTH LINE OF SAID SOUTH
TWO-THIRDS OF LOT 4 OF SECTION 29 DISTANT THEREON SOUTH
89°50'48" EAST, 85.13 FEET FROM ENGINEER'S STATION 207 PLUS
24.29 OF SAID SURVEY.
PARCEL 5: (APN 214-590-04)
PARCEL 2 OF PARCEL MAP 18332, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 27, 1999.
EXCEPTING THEREFROM ALL OIL AND MINERAL RIGHTS BELOW 500 FEET
WITHOUT RIGHT OF SURFACE ENTRY AS RESERVED BY A.L. SHIPLEY, JR.,
CONSERVATOR OF THE ESTATE OF GEORGE H. CAPRON IN DEED RECORDED
JUNE 30 1969 AS FILE NO. 116905 AND RE-RECORDED JULY 23, 1969
AS FILE NO. 132460, BOTH OF OFFICIAL RECORDS.
PARCEL 5A:
AN EASEMENT FOR ROAD PURPOSES OVER THAT PORTION OF PARCEL MAP
18332 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, AUGUST 27, 1999 DESIGNATED AND DELINEATED ON SAID
PARCEL MAP A "PROPOSED PUBLIC STREET".
PARCEL 6: (APN'S 214-160-10,11,20,AND 21)
Serial No. G-2524-16043
Page 8 of 16
CLTA Guarantee Form No. 23 (1/13/78)
Order Number: 251709-01
THAT PORTION OF THE SOUTH TWO-THIRDS OF LOT 4 (SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER) OF SECTION 29, TOWNSHIP 12
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE NORTH
89°49' WEST ALONG THE SOUTHERLY LINE OF SAID LOT 4 A DISTANCE
OF 467.45 FEET MORE OR LESS TO AN INTERSECTION WITH THE
EASTERLY LINE OF THE LAND DESCRIBED IN DECREE OF CONDEMNATION,
RECORDED NOVEMBER 2, 1945 IN BOOK 1959, PAGE 465 OF OFFICIAL
RECORDS, THENCE NORTH 19°50' WEST ALONG SAID EASTERLY LINE A
DISTANCE 368.49 FEET; THENCE NORTH 70°10' EAST 250.00 FEET TO
THE TRUE POINT OF BEGINNING; THENCE NORTH 19°50' WEST 335.00
FEET TO THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED UNDER
PARCEL 2 IN DEED TO GLENN I. MCDOUGAL, ET UX, RECORDED MARCH
17, 1967 AS DOCUMENT NO. 36520 OF OFFICIAL RECORDS; THENCE
SOUTH 70°10' WEST 146.00 FEET TO THE MOST WESTERLY CORNER OF
SAID LAND; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LAND AND
THE SOUTHEASTERLY PROLONGATION, SOUTH 19°50' EAST 153.77 FEET
TO A 6120 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY IN THE
EASTERLY LINE OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA,
BY DEED RECORDED NOVEMBER 4, 1948 IN BOOK 3006 PAGE 104 OF
OFFICIAL RECORDS; THENCE SOUTHERLY ALONG SAID CURVE TO A LINE
WHICH BEARS SOUTH 70°10' WEST FROM THE TRUE POINT OF BEGINNING;
THENCE NORTH 70°10' EAST TO THE TRUE POINT OF BEGINNING.
EXCEPTIONS:
1. INTENTIONALLY OMITTED.
2. INTENTIONALLY OMITTED.
3. INTENTIONALLY OMITTED.
4. INTENTIONALLY OMITTED.
5. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
OCTOBER 12, 1971
MITCHELL L. POLLARD AND ELBA POLLARD,
AS JOINT TENANTS AND THE CITY OF CARLSBAD
FUTURE IMPROVEMENT AGREEMENT NO. 100
NOVEMBER 9, 1971 AS FILE NO. 260489
OF OFFICIAL RECORDS
Serial No. G-2524-16043
Page 9 of 16
DATED:
BY AND BETWEEN:
RE(3ARDING:
RECORDED:
CLTA Guarantee Form No. 23 (1/13/78)
Order Number: 251709-01
6. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: j LAWSON P. MARTINEAU, ET UX
FOR: I ROAD AND PUBLIC UTILITIES
RECORDED: | FEBRUARY 8, 1972 AS FILE NO. 30451
I OF OFFICIAL RECORDS
SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY
DESCRIBED IN SAID DOCUMENT.
THE FOLLOWING MATTERS AFFECT PARCEL 2:
7. INTENTIONALLY OMITTED.
8. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND
INCIDENTAL PURPOSES
IN FAVOR OF: j SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA
FOR: I GAS PIPES & MAINS, INGRESS AND EGRESS
RECORDED: j SEPTEMBER 21, 1946 IN BOOK 2239, PAGE 239
I OF OFFICIAL RECORDS
SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY
DESCRIBED IN SAID DOCUMENT.
9. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND
INCIDENTAL PURPOSES
IN FAVOR OF: j HOWARD F. BARTON AND FRANCEL T. BARTON,
I HUSBAND AND WIFE
FOR: I A RAILROAD SPUR RIGHT OF WAY AND UTILITY
I PURPOSES and for ROAD AND UTILITY PURPOSES
RECORDED: j JULY 29, 1963 AS FILE NO. 131939
I OF OFFICIAL RECORDS
SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED
IN SAID DOCUMENT.
SAID EASEMENT HAS BEEN GRANTED AND RESERVED IN VARIOUS DEEDS OF RECORD.
10. INTENTIONALLY OMITTED.
11. A JUDGMENT PURSUANT TO STIPULATION, SUPERIOR COURT, CASE NO. N 24657,
WHICH DECLARES THAT THE EASEMENT DESCRIBED AS PARCEL 2A HEREIN MAY BE
UTILIZED FOR PARKING PURPOSES FOR SUCH VEHICLES AS ARE REASONABLE,
NECESSARY AND/OR APPROPRIATE TO THE USES BEING MADE OF PARCEL 1, A
CERTIFIED COPY OF SAID ORDER WAS RECORDED APRIL 18, 1984 AS FILE NO. 84-
142595 OF OFFICIAL RECORDS.
THE FOLLOWING MATTERS AFFECT PARCELS 3 AND 4:
12. RESERVATION OF WATER RIGHTS IN ONE WELL LOCATED ON SAID LAND BY JAMES
F. PHILLIPS AND ELEANOR L. PHILLIPS, HUSBAND AND WIFE, IN DEED RECORDED
Serial No. G-2524-16043
Page 10 of 16
CLTA Guarantee Form No. 23 (1/13/78)
Order Number: 251709-01
JANUARY 31, 1951 IN BOOK 3956, PAGE 5 OF OFFICIAL RECORDS. THE EXACT
LOCATION OF SAID WELL IN NOT SET FORTH IN SAID DOCUMENT.
13. INTENTIONALLY OMITTED.
14. INTENTIONALLY OMITTED.
15. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND
INCIDENTAL PURPOSES
FOR: I RIGHT OF WAY FOR RAILROAD SPUR RIGHT OF WAY AND
I UTILITY PURPOSES and for ROAD AND UTILITY PURPOSES
RECORDED: | JULY 21, 1964 AS FILE NO. 131132
I OF OFFICIAL RECORDS
SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED
IN SAID DOCUMENT.
SAID EASEMENT HAS BEEN GRANTED AND RESERVED IN VARIOUS DEEDS OF RECORD.
16. INTENTIONALLY OMITTED.
17. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND
INCIDENTAL PURPOSES
FOR: I RIGHT OF WAY FOR RAILROAD SPUR RIGHT OF WAY
I AND UTILITY PURPOSES and for ROAD AND UTILITY PURPOSES
RECORDED: j FEBRUARY 13, 1969 AS FILE NO. 25950
I OF OFFICIAL RECORDS
SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY
DESCRIBED IN SAID DOCUMENT.
SAID EASEMENT HAS BEEN GRANTED AND RESERVED IN VARIOUS DEEDS OF RECORD.
18. INTENTIONALLY OMITTED.
19. INTENTIONALLY OMITTED.
20. 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:
DISCLOSED BY:
RECORDED:
COMMUNITY FACILITIES DISTRICT NO. 3 OF
CARLSBAD UNIFIED SCHOOL DISTRICT
INSTRUMENT
MAY 16, 1995 AS FILE NO. 1995-0205176 AND
JUNE 16, 1995 AS FILE NO. 1995-0254037
BOTH OF OFFICIAL RECORDS.
THE FOLLOWING ITEMS AFFECT PARCELS 1 THROUGH 5:
21. INTENTIONALLY OMITTED.
Serial No. G-2524-16043
Page II of 16
CLTA Guarantee Form No. 23 (1/13/78)
Order Number: 251709-01
22. 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, NONE NOW DUE AND PAYABLE.
DISTRICT: j CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT
I NO. 1
DISCLOSED BY: | INSTRUMENT
RECORDED: j MAY 20, 1991 AS FILE NO. 91-0236959
I OF OFFICIAL RECORDS.
23. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
BY AND BETWEEN: j DEVELOPER-OWNER AND THE CITY OF CARLSBAD
REGARDING: j THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE
I THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1
RECORDED: j JANUARY 12, 1999 AS FILE NO. 1999-0017889
I OF OFFICIAL RECORDS
24. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: j DANIELS CABLEVISION, INC., A DELAWARE CORPORATION
FOR: I PUBLIC UTILITIES AND INCIDENTAL PURPOSES
RECORDED: j JUNE 23, 1999 AS FILE NO. 99-0437778
I OF OFFICIAL RECORDS
LOCATION OF SAID EASEMENT CANNOT BE PLOTTED FROM RECORD.
25. 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.: I PARCEL MAP 18332
STREET AFFECTED: | PACIFIC COAST HIGHWAY, EXCEPT ACCESS
I OPENING NO. 1
ANY AND ALL OFFERS OF DEDICATION, CONDITIONS, RESTRICTIONS,
EASEMENTS, NOTES AND/OR PROVISIONS SHOWN OR DISCLOSED BY THE
FILED OR RECORDED MAP REFERRED TO IN THE LEGAL DESCRIPTION.
26. INTENTIONALLY OMITTED.
27. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: j DANIELS CABLEVISION, INC., A DELAWARE CORPORATION
FOR: I PUBLIC UTILITIES AND INCIDENTAL PURPOSES
RECORDED: j SEPTEMBER 9, 1999 AS FILE NO. 99-0620133
I OF OFFICIAL RECORDS
LOCATION OF SAID EASEMENT CANNOT BE PLOTTED FROM RECORD.
28. INTENTIONALLY OMITTED.
29. INTENTIONALLY OMITTED.
29a. INTENTIONALLY OMITTED.
Serial No. G-2524-16043
Page 12 of 16
CLTA Guarantee Form No. 23 (1/13/78)
Order Number: 251709-01
THE FOLLOWING MATTERS AFFECT PARCEL 6:
30. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHT
OF INGRESS OR EGRESS TO OR FROM THE HIGHWAY CONTIGUOUS THERETO, SAID RIGHT
HAVING BEEN RELINQUISHED BY DEED
TO: I THE STATE OF CALIFORNIA
RECORDED: | NOVEMBER 4, 1948 IN BOOK 3006, PAGE 104
I OF OFFICIAL RECORDS.
SAID MATTER AFFECTS: OLD HIGHWAY 101.
SAID INSTRUMENT FURTHER PROVIDES THAT SAID LAND SHALL ABUT UPON AND HAVE
ACCESS TO A FRONTAGE ROAD WHICH WILL BE CONNECTED TO SAID FREEWAY AT SUCH
POINTS AS MAY BE ESTABLISHED BY PUBLIC AUTHORITY.
31. INTENTIONALLY OMITTED.
THE FOLLOWING MATTERS AFFECT ALL PARCELS:
32. REDEVELOPMENT PERMIT NO. RP 05-11; SITE DEVELOPMENT PLAN NO. SDP 05-14;
COASTAL DEVELOPMENT PERMIT NO. CDP 05-43; AND REDEVELOPMENT COASTAL
DEVELOPMENT PERMIT NO. CDP 09-04; ALL AS DISCLOSED BY A NOTICE OF
RESTRICTION ON REAL PROPERTY RECORDED MAY 25, 2010 AS FILE NO. 2010-0261677
OF OFFICIAL RECORDS.
33. A proposed 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. Annexation No. 09/10-01,
Community Facilities District: No. 1, disclosed by a Memorandum of the Assessment District
boundary Map which Memorandum recorded June 29, 2010 as File No. 2010-0326915 of Official
Records, None now Due and Payable.
A Notice of Special Tax Authorization affecting said property, subject to all terms, provisions and
conditions therein, was recorded June 29, 2010 as File No. 2010-0326918 of Official Records.
Reference is made to said document for fiill particulars.
34. Deed of Tmst to secure an indebtedness in the amount shown below, and any other obligations
secured thereby:
Amount: $75,000,000.00
Dated: January 5, 2011
Tmstor: Wave Crest Oceanfront LLC, a Califomia limited liability company
Tmstee: Stewart Title Guaranty Company
Beneficiary: Ponto Drive Hotel Capital LLC, a Delaware limited liability company
Recorded: January 7, 2011 as File No. 2011 -0012516 of Official Records
Serial No. G-2524-16043
Page 13 of 16
CLTA Guarantee Form No. 23 (1/13/78)
Order Number: 251709-01
35. A Management Agreement and other agreements by and between Wave Crest Oceanfront, LLC, a
Califomia limited liability company, Wave Crest Hotels & Resorts LLC, and Ponto Drive Hotel
Capital LLC, a Delaware limited liability company, disclosed by a document entitled "Management
Agreement Subordination" recorded January 7, 2011 as File No. 2011-0012518 of Official Records.
36. An assignment of all the moneys due, or to become due as rental, as additional security for the
obligations secured by Deed of Tmst
Recorded: January 7, 2011 as
Instmment/File No. 2011-0012516 of Official Records
Assigned To: Ponto Drive Hotel Capital, LLC, a Delaware limited liability company
Recorded: January 7, 2011 as
Instmment/File No. 2011-0012517 of Official Records
37. A Permanent Stonnwater Quality Best Management Practice Maintenance agreement to which
reference is made for full particulars by and between Wave Crest Oceanfront LLC, a Califomia
limited liability company and the City of Carlsbad recorded January 18, 2011 as Instmment No.
2011-0032120 of Official Records..
38. A Hold Harmless Agreement Geological Failure to which reference is made for full particulars by
and between Wave Crest Oceanfront LLC, a Califomia limited liability company and the City of
Carlsbad, recorded January 18, 2011 as Instrument no. 2011-0032121 of Official Records.
39. A Hold Hannless Agreement Drainage to which reference is made for full particulars by and
between Wave Crest Oceanfront LLC, a Califomia limited liability company and the City of
Carisbad, recorded January 18, 2011 as Instmment No. 2011 -0032122 of Official Records.
40. A Hold Hannless Agreement to which reference is made for full particulars by and between
Wave Crest Oceanfront LLC, a Califomia limited liability company and the City of Carlsbad,
recorded April 6, 2011 as Instmment No. 2011-0179068 of Official Records.
End of Exceptions.
Serial No. G-2524-16043
Page 14 of 16
CLTA Guarantee Form No. 23 (1/13/78)
Order Number: 251709-01
PART 2
Attachment to Guarantee Form No. 23 1-13-78
GUARANTEE CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this Guarantee mean:
(a) "land": the land described, specifically or by reference, in this Guarantee and improvements affixed thereto
which by law constitute real property;
(b) "public records": those records which impart constructive notice of matters relating to said land;
(c) "date": the effective date;
(d) "the Assured": the party or parties named as the Assured in this Guarantee, or in a supplemental writing
executed by the Company;
(e) "mortgage": mortgage, deed of trust, trust deed, or other security instmment.
2. EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
The Company assumes no liability for loss or damage by reason of the following:
(a) 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 pubhc records.
(b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof;
water rights, claims or title to water.
(c) Title to any property beyond the lines of the land expressly described in the description set forth in this
Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to
maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein
unless such property, rights or easements are expressly and specifically set forth in said description.
(d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created,
suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured.
3. PROSECUTION OF ACTIONS
(a) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do
any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein
guaranteed; and the Company may take any appropriate action imder the terms of this Guarantee whether or not it
shall be liable thereunder and shall not thereby concede liability or waive any provision thereof
(b) In all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall
permit the Company to use, at its option, the name of the Assured for such purpose. Whenever requested by the
Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the
Compeiny shall reimburse the Assured for any expense so incurred.
4. NOTICE OF LOSS ~ LIMITATION OF ACTION
A statement in writing of any loss or damage for which it is claimed the Company is liable imder this Guarantee shall
be fiimished to the Company within sixty days after such loss or damage shall have been determined, and no right of
action shall accme to the Assured under this Guarantee until thirty days after such statement shall have been
fiimished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced
thereon within two years after expiration of said thirty day period. Failure to fumish such statement of loss or
damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against
maintenance by the Assured of any action under this Guarantee.
5. OPTION TO PAY, SETTLE OR COMPROMISE CLAIMS
The Company shall have the option to pay or settle or compromise for or in the name ofthe Assured any claim which
could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee
or, if this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to
purchase the indebtedness secured by said mortgage. Such purchase, payment or tender of payment of the fiill
Serial No. G-2524-16043
Page 15 of 16
CLTA Guarantee Form No. 23 (1/13/78)
Order Number: 251709-01
amount of the Guarantee shall terminate all liabihty of the Company hereunder. In the event after notice of claim has
been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such
indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon
payment of the purchase price.
6. LIMITATION OF LIABILITY ~ PAYMENT OF LOSS
(a) The liability ofthe Company under this Guarantee shall be limited to the amount of actual loss sustained by
the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the
amount ofthe liability stated on the face page hereof
(b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the
Assured, and all costs and attorneys' fees in litigation carried on by the Assured with the written authorization ofthe
Company.
(c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having
received notice of an alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes
such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for habiiity voluntarily
assumed by the Assured in settling any claim or suit without written consent of the Company.
(d) All payments under this Guarantee, except for Attorneys' fees as provided for in paragraph 6 (b) hereof,
shall reduce the amoimt of the liability hereunder pro tanto, and no payment shall be made without producing this
Guarantee for endorsement of such payment unless the Guarantee be lost or destroyed, in which case proof of such
loss or destmction shall be fiimished to the satisfaction of the Company.
(e) When liability has been definitely fixed in accordance with the conditions of this Guarantee, the loss or
damage shall be payable within thirty days thereafter.
7. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the
Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and
remedies which the Assured would have had against any person or property in respect to such claim had this
Guarantee not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated
to such rights and remedies in the proportion which said payment bears to the amount of said loss. The Assured if
requested by the Company, shall transfer to the Company all rights and remedies against any person or property
necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Assured
in any transaction or litigation involving such rights or remedies.
8. GUARANTEE ENTIRE CONTRACT
Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of
the subject matter hereof must be based on the provisions of this Guarantee.
No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached
hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of
the Company.
9. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing required to be fiimished the Company
shall be addressed to it, at P.O. Box 2029, Houston, Texas 77252, and identify this Guarantee by its printed
GUARANTEE SERIAL NUMBER which appears on the bottom of the front ofthe first page of this Guarantee. The
use of AIR MAIL for these notices an statements will expedite and aid proper handling of claims hereunder.
10. THE FEE SPECIFIED ON THE FACE OF THIS GUARANTEE IS THE TOTAL FEE FOR TITLE
SEARCH AND EXAMINATION AND FOR THIS GUARANTEE.
Serial No. G-2524-16043
Page 16 of 16
•title of California, inc.
Stewart Title of California, Inc
7676 Hazard Center Dr., 14th Floor
SanDiego, CA 92108
(619)692-1600 Phone
Order Number
Title Unit Number
Your File Number
Buyer/Borrower Name:
PRELIMINARY REPORT
251709-01
7034
Carlsbad Hilton
Wave Crest Oceanfront LLC, a Califomia limited liability company
In response to the above referenced application for a Policy of Title Insurance, Stewart Title of Califomia, Inc.
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title
Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may
be sustained by reason of any defect, lien or encumbrance not shown or referenced to as an Exception on 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 and Limitations on covered Risks of said policy or
policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the
Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at
the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered
Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible
Amount and a Maximum Dollar Limits of Liability for certain coverages are also set forth in Exhibit A. Copies of
the policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit
A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters,
which are not covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title
and may not list all liens, defects, and encumbrances affecting title to the land.
This report, (and any supplements or amendments thereto) 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 5, 2011 at 7:30 a.m. Update No. Fourteen
Frank Green, Title Officer
When replying, please contact Frank Green, Title Officer
File Number: 251709-01 Page 1 of 18
PRELIMINARY REPORT
The form of Policy of Title Insurance contemplated by this report is:
• Califomia Land Title Association Standard Coverage Policy
• American Land Title Association Owners Policy
• American Land Title Association Residential Title Insurance Policy
• American Land Title Association Loan Policy
• CLTA/ALTA Homeowners Policy
• 2006 ALTA Loan Policy
S Mapping File
SCHEDULE A
The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee as to Parcels 1 through 6 and an Easement as to Parcels 1 A, 2A, 2B, and 5A
Title to said estate or interest at the date hereof is vested in:
Wave Crest Oceanfront LLC, a Califomia limited liability company
File Number: 251709-01 Page 2 of 18
LEGAL DESCRIPTION 4]
The land referred to herein is situated in the State of California, County of S^
Carlsbad, and described as follows:
Diego, City of
Parcel 1 and the Remainder Parcel of Minor Subdivision No. 05-23 in the
City of Carlsbad, County of San Diego, State of/California of Parcel Map
No. recorded , 2011 as Instcdment No. 2011- of
Official Records.
PARCEL 1: (APN 214-160-13)
ALL THAT PORTION OF THE S0UTHy^/3RD OF LOT 4 (SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER)/ OF SECTION 29, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, SAN BERNARDLMO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFOMIA ACCORDING TO OFFICIAL PLAT THEREOF,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION
29, WITH THE WESTERLY LINE OF THE ABANDONED PORTION OF THE
ATCHISON, TOPEKA AND SANTA FE RAILWAYS COMPANY'S (FORMERLY THE
CALIFORNIA RAILWAY COMPANY RIGHT OF WAY ACROSS THE SOUTH 2/3RDS
OF SAID LOJ 4, SAID POINT BEING DISTANT ALONG SAID SOUTHERLY
LINE NORTH /89°49'00" WEST 209.69 FEET FROM THE SOUTHEAST CORNER
OF SAID /SECTION 29; THENCE ALONG THE WESTERLY LINE OF SAID
ABANDONED RAILROAD RIGHT OF WAY, NORTH 04°40'18" WEST TO THE
NORTHERLY LINE OF SAID SOUTH 2/3RDS OF LOT 4, BEING THE SOUTH
LINE OF LAND CONVEYED TO HERBERT J. ESTES BY DEED RECORDED
DECEMBER 3, 1936 IN BOOK 600, PAGE 65 OF OFFICIAL RECORDS;
THENCE ALONG SAID NORTHERLY LINE, NORTH 89°40'18" WEST 264.46
FEET TO THE NORTHEAST CORNER OF LAND CONVEYED TO HOWARD F.
BARTON, ET UX, BY DEED RECORDED APRIL 25, 1951 AS FILE NO.
53197 IN BOOK 4072, PAGE 451 OF OFFICIAL RECORDS; THENCE ALONG
THE NORTHEASTERLY LINE OF SAID BARTON LAND, SOUTH 19°50'00"
EAST 212.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID NORTHEASTERLY LINE AND THE SOUTHEASTERLY
NORTHEASTERLY LINE OF
DESCRIBED IN DEED TO
PROLONGATION THEREOF, BEING ALSO THE
"EXCEPTION PARCELS "A" "B" AND "C," AS
A.S. BURNS AND AUDIE E. BURNS, HUSBAND AND WIFE RECORDED
JANUARY 31, 1951 IN BOOK 3956, PAGE 5 OF OFFICIAL RECORDS,
SOUTH 19°50'00" EAST 546.44 FEET TO THE SOUTHEAST CORNER OF SAID
EXCEPTION PARCEL "A"; THENCE ALONG A STRAIGHT LINE CONNECTING
SAID SOUTHEAST CORNER WITH A POINT IN THE SOUTH LINE OF SAID
SECTION 29, DISTANT THEREON SOUTH 89°49'00" WEST 16.28 FEET
FROM THE POINT OF BEGINNING; SOUTH 15°17'00" EAST 42.30 FEET TO
A LINE WHICH IS PARALLEL WITH AND DISTANT 60.00 FEET WESTERLY,
MEASURED AT RIGHT ANGLES FROM THE AFOREMENTIONED WESTERLY LINE
OF SAID ABANDONED RAILROAD RIGHT OF WAY; THENCE ALONG SAID
PARALLEL LINE NORTH 04°40'18" WEST 570.01 FEET TO A LINE WHICH
BEARS SOUTH 89°40'18" EAST FROM THE
THENCE ALONG SAID LINE NORTH 89°41
TRUE POINT OF BEGINNING.
File Number: 251709-01 Page 3 of 18
TRUE POINT OF BEGINNING;
'18" WEST 148.50 FEET TO THE
PARCEL lA:
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, /UNDER,
UPON AND ACROSS A STRIP OF LAND 60.00 FEET OF EVE)/ WIDTH,
LOCATED WITHIN THE SOUTH 2/3RDS OF SAID LOT 4, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE PROPERTY
PARCEL 1 ABOVE; THENCE ALONG THE NORTHEASTERLY
PROPERTY, BEING ALONG A LINE WHICH IS PARALLEL W/TH
60.00 FEET WESTERLY MEASURED AT RIGHT ANGLES/FORM
lESCRIBED IN
LINE OF SAID
AND DISTANT
THE WESTERLY
LINE OF THE ABANDONED PORTION OF THE ATCHISON/ TOPEKA AND SANTA
FE RAILWAY COMPANY'S (FORMERLY THE CALIFOR/IA RAILWAY COMPANY)
RIGHT OF WAY ACROSS THE SOUTH 2/3RDS OF /SAID LOT 4, SOUTH
)UTHERLY CORNER OF THE
JCE ALONG A STRAIGHT
NER WITH A POINT IN THE
DISTANT THEREON SOUTH
INTERSECTION OF SAID
OF THE AFOREMENTIONED
04°40'18" EAST 57 0.01 FEET TO THE MOST
PROPERTY DESCRIBED IN PARCEL 1 ABOVE; TH
LINE CONNECTING SAID MOST SOUTHERLY C
SOUTHERLY LINE OF SAID SECTION 29
89°49'00" WEST, 16.28 FEET FROM THE
SOUTHERLY LINE WITH THE WESTERLY LME
ABANDONED RAILROAD RIGHT OF WAY/SOUTH 15°17'00" EAST 209.60
FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 25.00 FEET OF SAID
LOT 4; THENCE ALONG SAID NORTHERLY LINE SOUTH 89°49'00" EAST
21.15 FEET TO THE WESTERLY LINE/ OF SAID ABANDONED RAILROAD
RIGHT OF WAY; THENCE ALONG SAW) WESTERLY LINE, NORTH 04°14'18"
WEST 15.05 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 40.00
FEET OF SAID LOT 4; THENOE ALONG THE NORTHERLY LINE SOUTH
89°49'00" EAST 38.13 FEET; THENCE NORTH 15°17'00" WEST 188.48
FEET TO THE WESTERLY LINE/ OF SAID ABANDONED RAILROAD RIGHT OF
WAY; THENCE ALONG SAID WESTERLY LINE NORTH 04°40'18" WEST
559.01 FEET TO A LINE WHIJCH BEARS SOUTH 89°40'18" EAST FROM THE
POINT OF BEGINNING; THENCE ALONG SAID LINE NORTH 89°40'18" WEST
60.23 FEET TO THE POINT (SF BEGINNING.
PARCEL 2: (APN 214-160/29)
PARCEL A OF PARCEL l^P NO 4383, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE DF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF JBAN DIEGO COUNTY, JANUARY 14, 1976.
PARCEL 2A:
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER,
ALONG AND ACROSS A STRIP OF LAND 60.00 FEET OF EVEN WIDTH,
LOCATED WITHIN' THE SOUTH TWO-THIRDS OF LOT 4 (SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER) OF SECTION 29, 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:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID
SECTION 2 9/ WITH THE WESTERLY LINE OF THE ABANDONED PORTION OF
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S (FORMERLY
THE CALIFORNIA RAILWAY COMPANY ) RIGHT OF WAY ACROSS THE SOUTH
TWO-THIRDS OF SAID LOT 4, SAID POINT BEING DISTANT ALONG SAID
SOUTHERLY LINE NORTH 89°49'00" WEST 209.69 FEET FROM THE
File Number: 251709-01 Page 4 of 18
SOUTHEAST CORNER OF SAID SECTION 29; THENCE ALONG THE WESTERLY
LINE OF SAID ABANDONED RAILROAD RIGHT OF WAY, NORTH 4°40'18"
WEST TO THE NORTHERLY LINE OF SAID SOUTH TWO THIRDS OF LOT 4,
BEING THE SOUTH LINE OF LAND CONVEYED TO HERBERT J. ESTES BY
DEED RECORDED DECEMBER 3, 1936 IN BOOK 600, PAGE 65 OF OFFICIAL
RECORDS; THENCE RETRACING SOUTH 4°40'18" EAST, 200.00 FEET TO A
POINT WHICH BEARS SOUTH 89°40'18" EAST FROM THE NORTHEASTERLY
CORNER OF LAND DESCRIBED IN PARCEL NO. 1 IN DEED /TO BRUCE B.
KESNER, ET UX, RECORDED MARCH 3, 1961 AS FILE Uo/ 38987 OF
OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINZ OF BEGINNING;
THENCE NORTH 89°40'18" WEST 60.23 FEET TO AN I^ERSECTION WITH
A LINE WHICH IS PARALLEL WITH AND DISTANT ^.00 FEET WESTERLY
OF, MEASURED AT RIGHT ANGLES TO THE WESTERLY LINE OF SAID
ABANDONED RIGHT OF WAY, BEING ALSO THE NORraEAST CORNER OF SAID
KESNER LAND; THENCE ALONG THE BOUNDARY /DF SAID LAND, SOUTH
4°40'18" EAST 570.01 FEET TO THE MOST SjZRJTHERLY CORNER THEREOF;
THENCE ALONG A STRAIGHT LINE CONNECTLNG SAID MOST SOUTHERLY
CORNER WITH A POINT IN THE SOUTHERI/Y LINE OF
DISTANT THEREON SOUTH 89°49'00" WEST 16.28
INTERSECTION OF SAID SOUTHERLY L/NE WITH THE
THE AFOREMENTIONED ABANDONED RA/LROAD RIGHT
15°17'00" EAST 209.60 FEET TC
SOUTHERLY 25.00 FEET TO SAID LOT
SAID SECTION 29,
FEET FROM THE
WESTERLY LINE OF
OF WAY, SOUTH
THE NORTHERLY LINE OF THE
4; THENCE ALONG SAID NORTHERLY
LINE, SOUTH 89°49'00" EAST 2A.. 15 FEET TO THE WESTERLY LINE OF
SAID ABANDONED RAILROAD RJ/GHT OF WAY; THENCE ALONG SAID
WESTERLY LINE, NORTH 4°40'18 / WEST, 15.05 FEET TO THE NORTHERLY
LINE OF THE SOUTHERLY 4(/. 00 FEET OF SAID LOT 4; THENCE ALONG
SAID NORTHERLY LINE, SOUTH/89°49'00" EAST,
NORTH 15°17'00" WEST 198.48 FEET TO THE
ABANDONED RAILROAD RIGHT/OF WAY; THENCE
LINE, NORTH 4°40'18" ^ES^: 559.19 FEET
BEGINNING.
38.13 FEET; THENCE
WESTERLY LINE OF SAID
ALONG SAID WESTERLY
TO THE TRUE POINT OF
PARCEL 2B:
AN EASEMENT FOR RATTJROAD SPUR RIGHT OF WAY AND UTILITY PURPOSES
OVER THAT PORTIOT OF THE ABANDONED ATCHISON, TOPEKA AND SANTA
FE RAILWAY COMPANY'S RIGHT OF WAY IN LOT 4 (SOUTHEAST QUARTER OF
THE SOUTHEAST /QUARTER) OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE
4 WEST, SAN BHRNARDINO MERIDIAN, IN THE CITY OF CARLSBAD,
COUNTY OF SAy DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF,/ DESCRIBED AS FOLLOWS:
COMMENCING / AT THE INTERSECTION OF THE SOUTH LINE OF SAID
SECTION 29/WITH THE WESTERLY LINE OF THE ABANDONED PORTION OF
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S (FORMERLY
THE CALITORNIA RAILWAY COMPANY) RIGHT OF WAY ACROSS THE SOUTH
TWO-THIRDS OF SAID LOT 4, SAID POINT BEING DISTANT ALONG SAID
SOUTHERLY LINE, NORTH 89°49'00" WEST 209.69 FEET FROM THE
SOUTHEAST CORNER OF SECTION 29; THENCE ALONG THE WESTERLY LINE
OF SMD ABANDONED RAILROAD RIGHT OF WAY, NORTH 4°40'18" WEST TO
THE /NORTHERLY LINE OF SAID SOUTH TWO-THIRDS OF LOT 4, BEING THE
SOUTH LINE OF LAND CONVEYED TO HERBERT J. ESTES, BY DEED
REOORDED DECEMBER 3, 1936 IN BOOK 600, PAGE 65 OF OFFICIAL
RECORDS; THENCE RETRACING SOUTH 4°40'18" EAST 200.00 FEET TO A
POINT WHICH BEARS SOUTH 89°40'18" EAST FROM THE NORTHEASTERLY
CORNER OF LAND DESCRIBED IN DEED TO BRUCE B. KESNER, ET UX,
File Number: 251709-01 Pages of 18
RECORDED MARCH 3, 1961 AS FILE NO. 38987 OF OFFICIAL RECORDS;
THENCE SOUTH 89°40'18" EAST, A DISTANCE OF 180.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°40'18" EAST
20.00 FEET TO THE EASTERLY LINE OF THE LAND DESCRIBED m<fDER
PARCEL 1 TO HAROLD F. BARTON, ET UX, RECORDED APRIL 25, L/SI IN
BOOK 4072, PAGE 451 OF OFFICIAL RECORDS; THENCE NORTH yr40'18"
WEST ALONG SAID EAST EASTERLY LINE OF SAID BARTONS^ LAND, A
DISTANCE OF 17.84 FEET TO AN INTERSECTION/ WITH THE
SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN 0EED TO THE
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, JCECORDED MARCH
30, 1946 IN BOOK 2059, PAGE 466 OF OFFICIAL ^CORDS; THENCE
NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE/ TO A POINT OF
INTERSECTION WITH A LINE FROM WHICH THE TRUE POINT OF BEGINNING
BEARS SOUTH 4°40'18" EAST; THENCE SOUTH /°40' 18" EAST TO THE
TRUE POINT OF BEGINNING.
PARCEL 3: (APN 214-160-24)
THAT PORTION OF THE SOUTH TWO-THIRDS' OF LOT 4 - SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER / OF SECTION 29, TOWNSHIP 12
SOUTH, RANGE 4 WEST, SAN BERNARDIN(D/MERIDIAN, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO
OFFICIAL PLAT THEREOF; INCLUDING /A PORTION OF THE ABANDONED
PORTION OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S
- FORMERLY THE CALIFORNIA SOUTHERLY RAILWAY COMPANY - RIGHT OF
WAY DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE INTERSECTION! OF THE SOUTH LINE OF SAID SECTION
29, WITH THE WESTERLY LINE OF THE ABANDONED PORTION OF THE
ATCHISON, TOPEKA AND SANTA/FE RAILWAY COMPANY'S - FORMERLY THE
CALIFORNIA RAILWAY COMPANY - RIGHT OF WAY ACROSS THE SOUTH
TWO-THIRDS OF SAID LOT 4/ SAID POINT BEING DISTANT ALONG SAID
SOUTHERLY LINE, NORTi/ 89°49'00" WEST 209.69 FEET FROM THE
SOUTHEAST CORNER OF SAID SECTION 29; THENCE ALONG THE WESTERLY
LINE OF SAID ABANDONED RIGHT OF WAY, NORTH 04°40'18" WEST TO
THE NORTH LINE OF TAE SOUTH 40.00 FEET OF SAID LOT 4; THENCE
ALONG SAID NORTH/ LINE, SOUTH 89°49'00" EAST 38.13 FEET TO THE
SOUTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO ROBERT 0.
WESTON, RECORDED JULY 21, 1964 AS FILE NO. 131132 OF OFFICIAL
RECORDS; THENCE/ALONG THE WESTERLY BOUNDARY OF SAID LAND,
15°17'00" WEST 188.48 FEET TO THE WESTERLY LINE OF
ABANDONED PORTION OF SAID RIGHT OF WAY; THENCE CONTINUING
SAID WESTERLY BOUNDARY AND THE PROLONGATION THEREOF,
04°40'18",yWEST 559.19 FEET TO THE NORTHWESTERLY CORNER OF
DESCRIBED /IN DEED TO PAUL IVICEVIC, ET UX, RECORDED JULY 29,
1963 AS FILE NO. 131939 OF OFFICIAL RECORDS; THENCE ALONG THE
NORTH LINE OF SAID LAND, SOUTH 89°40'18" EAST 200.00 FEET TO
THE NORTHEAST CORNER THEREOF, BEING A POINT IN THE EASTERLY
LINE C/F SAID ABANDONED RIGHT OF WAY; THENCE ALONG SAID EASTERLY
LINE, /jORTH 04°40'18" WEST TO THE SOUTHWESTERLY LINE OF THE
EXISTING 200.00 FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY; THENCE ALONG SAID SOUTHWESTERLY LINE,
NORT« 21°05'30" WEST, 195.00 FEET TO THE NORTHERLY LINE OF SAID
SOUffHWEST TWO-THIRDS OF LOT 4, BEING THE SOUTH LINE CONVEYED TO
HERBERT J. ESTES, BY DEED RECORDED DECEMBER 3, 1936 IN BOOK 600,
PAGE 65 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE,
NORTH 89°40'18" WEST 4 0 9.73 FEET TO THE NORTHEAST CORNER OF LAND
NORTH
SAID
ALONG
NORTH
LAND
File Number: 251709-01 Page 6 of 18
CONVEYED TO HOWARD F. BARTON, ET UX, BY DEED RECORDED APRIL 25,
1951 IN BOOK 4072, PAGE 451 OF OFFICIAL RECORDS; THENCE ALONG.
THE NORTHEASTERLY LINE OF SAID BARTON LAND, SOUTH 19°50'0Q;
EAST, 212.25 FEET TO THE NORTHWESTERLY CORNER OF LAND DESCRIBED
IN DEED TO BRUCE B. KESNER, ET UX, RECORDED MARCH 3, 1961/ AS
FILE NO. 38987 OF OFFICIAL RECORDS; THENCE SOUTH 89°/0'18"
EAST, 148.50 FEET TO THE NORTHEAST CORNER OF SAID LAND;/THENCE
ALONG THE EASTERLY LINE OF SAID LAND, SOUTH 04°40/48" EAST
570.01 FEET TO THE MOST SOUTHERLY CORNER OF
THENCE SOUTH 15°17'00" EAST, TO A POINT
SAID SECTION 29, DISTANT THEREON SOUTH 89'
FEET FROM THE POINT OF BEGINNING; THENCE
16.28 FEET TO THE TRUE POINT OF BEGINNING.
SAID KESNER LAND;
IN THE SOUTH LINE OF
'49'00" /'WEST, 16.28
NORTH 89°40 ' 00" EAST
EXCEPTING THEREFROM THE SOUTH 25.00 FEET / AS GRANTED TO THE
COUNTY OF SAN DIEGO FOR ROAD PURPOSES - ROAD/ SURVEY 339 - BY
DEED RECORDED JUNE 12, 1918 IN BOOK 751, PAGE 47 OF DEEDS,
PARCEL 4: (APN 214-160-19)
THAT PORTION OF THE SOUTH TWO-THIRDS OF LOT 4 (SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER) OF SECTIOKT 29, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, SAN BERNARDINO ME^QDIAN, ACCORDING TO OFFICIAL
PLAT THEREOF, DESCRIBED AS FOLLOWS,
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE NORTH
89°49'00" WEST ALONG THE SOUTH /INE OF SAID LOT 4, A DISTANCE OF
467.45 FEET, MORE OR LESS, TO/AN INTERSECTION WITH THE EASTERLY
LINE OF THE STATE HIGHWAY DES/RIBED IN DECREE OF CONDEMNATION
RECORDED NOVEMBER 2, 1945/ IN BOOK 1959, PAGE 465 OF OFFICIAL
RECORDS IN THE OFFICE OF /HE COUNTY RECORDER OF SAN DIEGO
COUNTY; THENCE NORTH 19°y0'00" WEST ALONG SAID EASTERLY LINE A
DISTANCE OF 703.49 FEET T(/ THE TRUE POINT OF BEGINNING; THENCE
NORTH 70°10'00" EAST, 230.00 FEET; THENCE NORTH 19°50'00" WEST
PARALLEL WITH THE EASTERLY LINE OF SAID STATE HIGHWAY TO AN
INTERSECTION WITH THE/SOUTHERLY LINE OF
OF SAID LOT 4, AS CONVEYED TO HERBERT J.
DECEMBER 3, 1936 /N BOOK 600, PAGE
THENCE WESTERLY A^ONG THE SOUTHERLY
CONVEYED TO ESTE.
SAID STATE HIGHW.
EASTERLY LINE
EXCEPTING THE
LINE DESCRIB
THE NORTHERLY ONE-THIRD
ESTES IN DEED RECORDED
65 OF OFFICIAL RECORDS;
LINE OF THE LAND SO
TO AN INTERSECTION WITH THE EASTERLY LINE OF
THENCE SOUTH 19°50'00" EAST ALONG SAID
TRUE POINT OF BEGINNING.
]FROM THAT PORTION THEREOF
AS FOLLOWS;
LYING WESTERLY OF
BEGINNING ^ A POINT IN THE SOUTH LINE OF SAID LOT 4, DISTANT
ALONG SA/D SOUTH LINE 325.97 FEET FROM THE SOUTHEAST CORNER OF
SAID LOT A, SAID POINT ALSO BEING DISTANT ALONG SAID SOUTH LINE
SOUTH 89^49'10" EAST 88.23 FEET FROM ENGINEER'S STATION 196 PLUS
4 6.43 ON THE CENTERLINE OF THE DEPARTMENT OF PUBLIC WORK'S
SURVEY/ BETWEEN ENCINITAS AND OCEANSIDE ROAD XI-S.D.2-B; THENCE
ALONG/A LINE PARALLEL WITH THE DISTANT 80.00 FEET NORTHEASTERLY
AT RIGHT ANGLES FROM THE CENTERLINE OF SAID SURVEY, NORTH
24°4'5'30" WEST, 72.54 FEET; THENCE ALONG A CURVE TO THE RIGHT
WITH A RADIUS OF 6,120.00 FEET THROUGH A CENTRAL ANGLE OF
04°55'30" A DISTANCE OF 526.06 FEET; THENCE NORTH 19°50'00"
File Number: 251709-01 Page 7 of IS
WEST, 455.19 FEET TO A POINT IN THE NORTH LINE OF SAID SOUTH
TWO-THIRDS OF LOT 4 OF SECTION 29 DISTANT THEREON SOUTf
89°50'48" EAST, 85.13 FEET FROM ENGINEER'S STATION 207 P^KUS
24.29 OF SAID SURVEY.
PARCEL 5: (APN 214-590-04)
PARCEL 2 OF PARCEL MAP 18332, IN THE CITY OF CARLSBAEf, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE/OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 27, 1^99.
EXCEPTING THEREFROM ALL OIL AND MINERAL RIGHTS BELOW 500 FEET
WITHOUT RIGHT OF SURFACE ENTRY AS RESERVED BVA.L. SHIPLEY, JR.,
CONSERVATOR OF THE ESTATE OF GEORGE H. CAPRON IN DEED RECORDED
JUNE 30 1969 AS FILE NO. 116905 AND RE-RECORDED JULY 23, 1969
AS FILE NO. 132460, BOTH OF OFFICIAL RECORDS.
PARCEL 5A:
AN EASEMENT FOR ROAD PURPOSES OV/R THAT PORTION OF PARCEL MAP
18332 IN THE CITY OF CARLSBAD, COU/lTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, AUGUST 27, 1999 DESIGNATED AND DELINEATED ON SAID
PARCEL MAP A "PROPOSED PUBLIC STREET".
PARCEL 6: (APN'S 214-160-10/11,20,AND 21)
THAT PORTION OF THE S/SUTH TWO-THIRDS OF LOT 4 (SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER) OF SECTION 29, TOWNSHIP 12
SOUTH, RANGE 4 WEST, S/N 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/ SOUTHEAST CORNER OF SAID LOT 4; THENCE NORTH
89°49' WEST ALONG/THE SOUTHERLY LINE OF SAID LOT 4 A DISTANCE
OF 467.45 FEET/ MORE OR LESS TO AN INTERSECTION WITH THE
EASTERLY LINE OF THE LAND DESCRIBED IN DECREE OF CONDEMNATION,
RECORDED NOVEMBER 2, 1945 IN BOOK 1959, PAGE 465 OF OFFICIAL
THENCE NORTH 19°50' WEST ALONG SAID EASTERLY LINE A
3/8.49 FEET; THENCE NORTH 70°10' EAST 250.00 FEET TO
PpiNT OF BEGINNING; THENCE NORTH 19°50' WEST 335.00
THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED UNDER
IN DEED TO GLENN I. MCDOUGAL, ET UX, RECORDED MARCH
7 AS DOCUMENT NO. 36520 OF OFFICIAL RECORDS; THENCE
SOUTH/70°10' WEST 14 6.00 FEET TO THE MOST WESTERLY CORNER OF
SAID/ LAND; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LAND AND
THEyGOUTHEASTERLY PROLONGATION, SOUTH 19°50' EAST 153.77 FEET
TO/A 6120 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY IN THE
EASTERLY LINE OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA,
BY DEED RECORDED NOVEMBER 4, 1948 IN BOOK 3006 PAGE 104 OF
OFFICIAL RECORDS; THENCE SOUTHERLY ALONG SAID CURVE TO A LINE
WHICH BEARS SOUTH 70°10' WEST FROM THE TRUE POINT OF BEGINNING;
THENCE NORTH 70°10' EAST TO THE TRUE POINT OF BEGINNING.
(End of Legal Description)
RECORDS,
DISTANCE
THE TRUE
FEET TO
PARCEL
17, 1
File Number: 251709-01 Page 8 of 18
SCHEDULE B
At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions
contained in said policy or policies would be as follows:
Taxes:
Property taxes, which are a lien not yet due and payable, including any assessments collected with
taxes, to be levied for the fiscal year 2011 - 2012.
B. lA. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 2010-2011 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT:
SECOND INSTALLMENT:
LAND;
IMPROVEMENTS:
CODE AREA:
PARCEL NO.
$9,915.12 Paid
$9,915.12 Paid
$1,857,369.00
$32,395.00
09023
214-160-13-00
SAID MATTER AFFECTS; PARCEL 1,
IB. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 2010-2011 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT:
SECOND INSTALLMENT:
LAND:
IMPROVEMENTS:
CODE AREA:
PARCEL NO.
$4,970.89 Paid
$4,970.89 Paid
$944,883.00
$0.00
09023
214-160-29-00
SAID MATTER AFFECTS; PARCEL 2,
IC. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 2010-2011 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT:
SECOND INSTALLMENT;
LAND:
IMPROVEMENTS:
CODE AREA:
PARCEL NO.
$12,761.69 Paid
$12,761.69 Paid
$2,439,741.00
$0.00
09023
214-160-24-00
SAID MATTER AFFECTS; PARCEL 3.
ID. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 2010-2011 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT:
SECOND INSTALLMENT:
LAND:
IMPROVEMENTS:
CODE AREA:
PARCEL NO.
$4,257.97 Paid
$4,257.97 Paid
$809,573.00
$0.00
09023
214-160-19-00
SAID MATTER AFFECTS; PARCEL 4,
File Number: 251709-01 Page 9 of 18
IE. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 2010-2011 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT:
SECOND INSTALLMENT:
LAND:
IMPROVEMENTS:
CODE AREA:
PARCEL NO.
$5,392.34 Paid
$5,392.34 Paid
$1,030,019.00
$0.00
09027
214-590-04-00
SAID MATTER AFFECTS: PARCEL 5.
IF. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 2010-2011 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT:
SECOND INSTALLMENT:
LAND:
IMPROVEMENTS:
CODE AREA:
PARCEL NO.
$5,005.16 Paid
$5,005.16 Paid
$952,823.00
$0.00
09023
214-160-10-00
SAID MATTER AFFECTS: PORTION OF PARCEL 6,
IG. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 2010-2011 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT:
SECOND INSTALLMENT;
LAND:
IMPROVEMENTS:
CODE AREA:
PARCEL NO.
$2,520.19 Paid
$2,520.19 Paid
$476,411.00
$0.00
09023
214-160-11-00
SAID MATTER AFFECTS: PORTION OF PARCEL 6,
IH. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 2010-2011 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT:
SECOND INSTALLMENT:
LAND:
IMPROVEMENTS :
CODE AREA:
PARCEL NO.
$2,520.19 Paid
$2,520.19 Paid
$476,411.00
$0.00
09023
214-160-20-00
SAID MATTER AFFECTS: PORTION OF PARCEL 6.
II. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 2010-2011 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT:
SECOND INSTALLMENT;
LAND:
IMPROVEMENTS:
CODE AREA:
PARCEL NO.
$2,520.19 Paid
$2,520.19 Paid
$476,411.00
$0.00
09023
214-160-21-00
SAID MATTER AFFECTS: PORTION OF PARCEL 6.
IJ. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT
TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75)
File Number: 251709-01 Page 10 of 18
OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA, NONE
NOW DUE OR PAYABLE.
IK. THE FACT THAT SAID LAND LIES WITHIN THE BOUNDARIES OF A
COMMUNITY FACILITIES ASSESSMENT. THE AMOUNT OF ASSESSMENT, IF
ANY, ATTRIBUTABLE TO THIS PARCEL IS CURRENTLY OR WILL BE
COLLECTED AS A PART OF THE TAX BILL.
THE FOLLOWING MATTERS AFFECT PARCEL 1:
Exceptions:
1. INTENTIONALLY OMITTED.
2. INTENTIONALLY OMITTED.
3. INTENTIONALLY OMITTED.
4. INTENTIONALLY OMITTED.
5. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
OCTOBER 12, 1971
MITCHELL L. POLLARD AND ELSA POLLARD,
AS JOINT TENANTS AND THE CITY OF CARLSBAD
FUTURE IMPROVEMENT AGREEMENT NO. 100
NOVEMBER 9, 1971 AS FILE NO. 260489
OF OFFICIAL RECORDS
6. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: | LAWSON P. MARTINEAU, ET UX
POR: I ROAD AND PUBLIC UTILITIES
RECORDED: | FEBRUARY 8, 1972 AS FILE NO. 30451
I OF OFFICIAL RECORDS
SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY
DESCRIBED IN SAID DOCUMENT.
THE FOLLOWING MATTERS AFFECT PARCEL 2:
7. INTENTIONALLY OMITTED.
8. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN
AND
INCIDENTAL PURPOSES
IN FAVOR OF: | SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA
POR: 1 GAS PIPES & MAINS, INGRESS AND EGRESS
RECORDED: | SEPTEMBER 21, 1946 IN BOOK 2239, PAGE 239
I OF OFFICIAL RECORDS
SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY
DESCRIBED IN SAID DOCUMENT.
File Number: 251709-01 Page 11 of 18
9. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN
AND INCIDENTAL PURPOSES
HOWARD F. BARTON AND FRANCEL T. BARTON,
HUSBAND AND WIFE
A RAILROAD SPUR RIGHT OF WAY AND UTILITY
PURPOSES and for ROAD AND UTILITY PURPOSES
JULY 29, 1963 AS FILE NO. 131939
OF OFFICIAL RECORDS
IN FAVOR OF
FOR:
RECORDED:
SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY
DESCRIBED IN SAID DOCUMENT.
SAID EASEMENT HAS BEEN GRANTED AND RESERVED IN VARIOUS DEEDS OF
RECORD.
10. INTENTIONALLY OMITTED.
11. A JUDGMENT PURSUANT TO STIPULATION, SUPERIOR COURT, CASE NO. N
2 4 657, WHICH DECLARES THAT THE EASEMENT DESCRIBED AS PARCEL 2A
HEREIN MAY BE UTILIZED FOR PARKING PURPOSES FOR SUCH VEHICLES AS
ARE REASONABLE, NECESSARY AND/OR APPROPRIATE TO THE USES BEING MADE
OF PARCEL 1, A CERTIFIED COPY OF SAID ORDER WAS RECORDED APRIL 18,
1984 AS FILE NO. 84-142595 OF OFFICIAL RECORDS.
THE FOLLOWING MATTERS AFFECT PARCELS 3 AND 4:
12. RESERVATION OF WATER RIGHTS IN ONE WELL LOCATED ON SAID LAND BY
JAMES F. PHILLIPS AND ELEANOR L. PHILLIPS, HUSBAND AND WIFE, IN DEED
RECORDED JANUARY 31, 1951 IN BOOK 3956, PAGE 5 OF OFFICIAL RECORDS.
THE EXACT LOCATION OF SAID WELL IN NOT SET FORTH IN SAID DOCUMENT.
13. INTENTIONALLY OMITTED.
14. INTENTIONALLY OMITTED.
15. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN
AND INCIDENTAL PURPOSES
FOR: I RIGHT OF WAY FOR RAILROAD SPUR RIGHT OF WAY AND
I UTILITY PURPOSES and for ROAD AND UTILITY PURPOSES
RECORDED: | JULY 21, 1964 AS FILE NO. 131132
I OF OFFICIAL RECORDS
SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY
DESCRIBED IN SAID DOCUMENT.
SAID EASEMENT HAS BEEN GRANTED AND RESERVED IN VARIOUS DEEDS OF
RECORD.
16. INTENTIONALLY OMITTED.
17. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN
AND INCIDENTAL PURPOSES
FOR: I RIGHT OF WAY FOR RAILROAD SPUR RIGHT OF WAY
I AND UTILITY PURPOSES and for ROAD AND UTILITY
PURPOSES
RECORDED: 1 FEBRUARY 13, 1969 AS FILE NO. 25950
File Number: 251709-01 Page 12 of 18
I OF OFFICIAL RECORDS
SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY
DESCRIBED IN SAID DOCUMENT.
SAID EASEMENT HAS BEEN GRANTED AND RESERVED IN VARIOUS DEEDS OF
RECORD.
18. INTENTIONALLY OMITTED.
19. INTENTIONALLY OMITTED.
20. 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:
DISCLOSED BY:
RECORDED:
COMMUNITY FACILITIES DISTRICT NO. 3 OF
CARLSBAD UNIFIED SCHOOL DISTRICT
INSTRUMENT
MAY 16, 1995 AS FILE NO. 1995-0205176 AND
JUNE 16, 1995 AS FILE NO. 1995-0254037
BOTH OF OFFICIAL RECORDS.
THE FOLLOWING ITEMS AFFECT PARCELS 1 THROUGH 5:
21. INTENTIONALLY OMITTED.
22. 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, NONE NOW DUE AND
PAYABLE.
DISTRICT:
DISCLOSED BY:
RECORDED:
CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT
NO. 1
INSTRUMENT
MAY 20, 1991 AS FILE NO. 91-0236959
OF OFFICIAL RECORDS.
23. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
BY AND BETWEEN:
REGARDING:
NO. 1
RECORDED:
DEVELOPER-OWNER AND THE CITY OF CARLSBAD
THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE
THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT
JANUARY 12, 1999 AS FILE NO.
OF OFFICIAL RECORDS
1999-0017889
24. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: | DANIELS CABLEVISION, INC., A DELAWARE CORPORATION
FOR: I PUBLIC UTILITIES AND INCIDENTAL PURPOSES
RECORDED: | JUNE 23, 1999 AS FILE NO. 99-0437778
I OF OFFICIAL RECORDS
LOCATION OF SAID EASEMENT CANNOT BE PLOTTED FROM RECORD.
File Number: 251709-01 Page 13 of 18
25. 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.: 1 PARCEL MAP 18332
STREET AFFECTED: | PACIFIC COAST HIGHWAY, EXCEPT ACCESS
I OPENING NO. 1
ANY AND ALL OFFERS OF DEDICATION, CONDITIONS, RESTRICTIONS,
EASEMENTS, NOTES AND/OR PROVISIONS SHOWN OR DISCLOSED BY THE
FILED OR RECORDED MAP REFERRED TO IN THE LEGAL DESCRIPTION.
26. INTENTIONALLY OMITTED.
27. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED
HEREIN AND INCIDENTAL PURPOSES
IN FAVOR OF: | DANIELS CABLEVISION, INC., A DELAWARE CORPORATION
FOR: I PUBLIC UTILITIES AND INCIDENTAL PURPOSES
RECORDED: | SEPTEMBER 9, 1999 AS FILE NO. 99-0620133
I OF OFFICIAL RECORDS
LOCATION OF SAID EASEMENT CANNOT BE PLOTTED FROM RECORD.
28. INTENTIONALLY OMITTED.
29. INTENTIONALLY OMITTED.
29a. INTENTIONALLY OMITTED.
THE FOLLOWING MATTERS AFFECT PARCEL 6:
30. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY
RIGHT OF INGRESS OR EGRESS TO OR FROM THE HIGHWAY CONTIGUOUS
THERETO, SAID RIGHT HAVING BEEN RELINQUISHED BY DEED
TO: I THE STATE OF CALIFORNIA
RECORDED: | NOVEMBER 4, 1948 IN BOOK 3006, PAGE 104
I OF OFFICIAL RECORDS.
SAID MATTER AFFECTS: OLD HIGHWAY 101.
SAID INSTRUMENT FURTHER PROVIDES THAT SAID LAND SHALL ABUT UPON AND
HAVE ACCESS TO A FRONTAGE ROAD WHICH WILL BE CONNECTED TO SAID
FREEWAY AT SUCH POINTS AS MAY BE ESTABLISHED BY PUBLIC AUTHORITY.
31. INTENTIONALLY OMITTED.
THE FOLLOWING MATTERS AFFECT ALL PARCELS;
32. REDEVELOPMENT PERMIT NO. RP 05-11; SITE DEVELOPMENT PLAN NO. SDP
File Number: 251709-01 Page 14 of 18
05-14; COASTAL DEVELOPMENT PERMIT NO. CDP 05-43; AND REDEVELOPMENT
COASTAL DEVELOPMENT PERMIT NO. CDP 09-04; ALL AS DISCLOSED BY A
NOTICE OF RESTRICTION ON REAL PROPERTY RECORDED MAY 25, 2010 AS FILE
NO. 2010-0261677 OF OFFICIAL RECORDS.
33. A proposed 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. Annexation No. 09/10-01,
Community Facilities District: No. 1, disclosed by a Memorandum of the Assessment District
boundary Map which Memorandum recorded June 29, 2010 as File No. 2010-0326915 of Official
Records, None now Due and Payable.
A Notice of Special Tax Authorization affecting said property, subject to all terms, provisions and
conditions therein, was recorded June 29, 2010 as File No. 2010-0326918 of Official Records.
Reference is made to said document for flill particulars.
34. Deed of Tmst to secure an indebtedness in the amount shown below, and any other obligations
secured thereby:
Amount: $75,000,000.00
Dated: January 5, 2011
Tmstor: Wave Crest Oceanfront LLC, a Califomia limited liability company
Tmstee: Stewart Title Guaranty Company
Beneficiary: Ponto Drive Hotel Capital LLC, a Delaware limited liability company
Recorded: January 7, 2011 as File No. 2011 -0012516 of Official Records
35. A Management Agreement and other agreements by and between Wave Crest Oceanfront, LLC, a
Califomia limited liability company. Wave Crest Hotels & Resorts LLC, and Ponto Drive Hotel
Capital LLC, a Delaware limited liability company, disclosed by a document entitled "Management
Agreement Subordination" recorded January 7, 2011 as File No. 2011-0012518 of Official Records.
36. An assignment of all the moneys due, or to become due as rental, as additional security for the
obligations secured by Deed of Tmst
Recorded: January 7, 2011 as
Instmment/File No. 2011-0012516 of Official Records
Assigned To: Ponto Drive Hotel Capital, LLC, a Delaware limited liability company
Recorded: January 7, 2011 as
Instmment/File No. 2011-0012517 of Official Records
37. A Permanent Stormwater Quality Best Management Practice Maintenance agreement to which
reference is made for fiill particulars by and between Wave Crest Oceanfront LLC, a California
limited liability company and the City of Carlsbad recorded January 18, 2011 as Instmment No.
2011-0032120 of Official Records..
38. A Hold Harmless Agreement Geological Failure to which reference is made for fiill particulars by
and between Wave Crest Oceanfront LLC, a Califomia limited liability company and the City of
Carlsbad, recorded January 18, 2011 as Instmment no. 2011 -0032121 of Official Records.
39. A Hold Harmless Agreement Drainage to which reference is made for flill particulars by and
between Wave Crest Oceanfront LLC, a Califomia limited liability company and the City of
Carlsbad, recorded January 18, 2011 as Instmment No. 2011-0032122 of Official Records.
40. A Hold Harmless Agreement to which reference is made for fiill particulars by and between
Wave Crest Oceanfront LLC, a Califomia limited liability company and the City of Carlsbad,
File Number: 251709-01 Page 15 of 18
recorded April 6, 2011 as Instmment No. 2011-0179068 of Official Records.
(End of Exceptions)
Typist Initials: fg
Date Typed: July 5, 2011
File Number: 251709-01 Page 16 of 18
NOTES AND REOUIREMENTS
A. PRIOR TO THE ISSUANCE OF ANY POLICY OF TITLE INSURANCE, THE
COMPANY WILL REQUIRE THE FOLLOWING WITH RESPECT TO WAVE
CREST OCEANFRONT LLC, A CALIFORNIA LIMITED LIABILITY COMPANY:
1. A COPY OF ITS OPERATING AGREEMENT AND ANY AMENDMENTS THERETO
MUST BE SUBMITTED TO THE COMPANY FOR REVIEW.
2. A CERTIFIED COPY OF ITS ARTICLES OF ORGANIZATION (LLC-1),
ANY CERTIFICATE OF CORRECTION (LLC-11), CERTIFICATE OF
AMENDMENT (LLC-2), OR RESTATEMENT OF ARTICLES OF
ORGANIZATION (LLC-10) MUST BE SUBMITTED TO THE COMPANY FOR
REVIEW.
3. WITH RESPECT TO ANY DEED, DEED OF TRUST, LEASE,
SUBORDINATION AGREEMENT OR OTHER DOCUMENT OR INSTRUMENT
EXECUTED BY SUCH LIMITED LIABILITY COMPANY AND PRESENTED TO
THE COMPANY FOR RECORDING OR UPON WHICH THE COMPANY IS
ASKED TO RELY, SUCH DOCUMENT OR INSTRUMENT MUST BE EXECUTED
IN ACCORDANCE WITH THE FOLLOWING:
A. IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES
THROUGH OFFICERS APPOINTED OR ELECTED PURSUANT TO THE
TERMS OF THE WRITTEN OPERATING AGREEMENT, SUCH
DOCUMENT OR INSTRUMENT MUST BE EXECUTED BY AT LEAST
TWO DULY ELECTED OR APPOINTED OFFICERS AS FOLLOWS:
THE CHAIRMAN OF THE BOARD, THE PRESIDENT, VICE
PRESIDENT, AND ANY SECRETARY, ASSISTANT SECRETARY,
THE CHIEF FINANCIAL OFFICER OR ANY ASSISTANT
TREASURER.
B. IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES
THROUGH A MANAGER OR MANAGERS IDENTIFIED IN THE
ARTICLES OF ORGANIZATION AND/OR DULY ELECTED PURSUANT
TO THE TERMS OF A WRITTEN OPERATING AGREEMENT, SUCH
DOCUMENT OR INSTRUMENT MUST BE EXECUTED BY AT LEAST
TWO SUCH MANAGERS OR BY ONE MANAGER IF THE LIMITED
LIABILITY COMPANY PROPERLY OPERATES WITH THE
EXISTENCE OF ONLY ONE MANAGER.
4. OTHER REQUIREMENTS WHICH THE COMPANY MAY IMPOSE FOLLOWING
ITS REVIEW OF THE MATERIAL REQUIRED HEREIN AND OTHER
INFORMATION WHICH THE COMPANY MAY REQUIRE.
File Number: 251709-01 Page 17 of 18
CALIFORNIA "GOOD FUNDS" LAW
Califomia Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-escrow fiinds by
title companies. The law requires that fiinds be deposited in the title company escrow account and available
for withdrawal prior to disbursement. Funds received by Stewart Title of Califomia, Inc. via wire transfer
may be disbursed upon receipt. Funds received via cashier's checks or teller checks drawn on a California
Bank may be disbursed on the next business day after the day of deposit. If fiinds are received by any other
means, recording and/or disbursement may be delayed, and you should contact your title or escrow officer.
All escrow and sub-escrow fiinds received will be deposited with other escrow funds in one or more non-
interest bearing escrow accounts in a financial institution selected by Stewart Title of Califomia, Inc..
Stewart Title of Califomia, Inc. may receive certain direct or indirect benefits from the financial institution
by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and
Stewart Title of Califomia, Inc. shall have no obligation to account to the depositing party in any manner for
the value of, or to pay to such party, any benefit received by Stewart Title of Califomia, Inc.. Such benefits
shall be deemed additional compensation to Stewart Title of Califomia, Inc. for its services in connection
with the escrow or sub-escrow.
If any check submitted is dishonored upon presentation for payment, you are authorized to notify all
principals and/or their respective agents of such nonpayment.
File Number: 251709-01 Page 18 of 18