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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