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HomeMy WebLinkAboutPCD 93-03; AVIARA PONIT SALES; Planning Commission Determination (PCD)CITY OF CARLSBAD LAND USE REVIEW APPUCATION FOR PAGE 1. OF 2 -l) APPLICATIONS APPLIED FOR (CHECK BOXES) (FOR DEPT (FOR DEPT USE ONLY) USE ONLY) O Master Plan Q Specific Plan O Precise Development Plan O Tentative Tract Map• O Planned Development Permit O Non-Residential Planned Development rl Condominium Permit • Special Use Permit • Redevelopment Permit C] Tentative Parcel Map O Administrative Variance O General Plan Amendment O Local Coastal Plan Amendment O Site Development Plan Zone Change C] Conditional Use Permit o Hillside Development Permit C] Environmental Impact Assessment M Variance M Planned Industrial Permit C] Coastal Development Permit Planning Commission Determination o List any other applications not specificed 2) LOCATION OF PROJECT: ON THE [ West SIDE OF Aviara Point Drivc (NORTH, SOUTH EAST, WEST) (NAME OF STREET) BErWEEN I Lot 285 I AND I Lot 287 (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: 4) ASSESSOR PARCEL NO(S). I 215-10-25 5) LOCAL FACILITIES 19 6) EXISTING GENERAL PLAN iLM, RMJ 7) PROPOSED GENERAL PLAN Is ame I MANAGEMENT ZONE DESIGNATION RL, us DESIGNATION 8) EXISTING ZONING pç' 9) PROPOSED ZONING J 13) GROSS SITE 7 ACREAGE 11) PROPOSED NUMBER OF 12) PROPOSED NUMBER 13) TYPE OF SUBDIVISION RESIDENTIAL urrs F 0 OF LOTS 0 Res (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS 1 0 15) PROPOSED INDUSTRIAL F 720 S f. 1 16) PROPOSED COMMERCIAL N/A OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE NOTE: A PU'(D PRO= MSQIRINGIMT' P,EQUIRING PP1O4P,$ FRM000I6 8/90 CY OF CARLSEAD 1p LAND USE REVIEW APPUCTION FOR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (Q-IECC BOXES) (FOR our (FOR DT USE ON!.?) USE ON!.?) Master Plan Q Gena1 Plan Mi.rfm.,t Q Specific Plan G Local Coastal Plan Amendment M Precise Development Plan C2 Tentative Tract Map' O Planned Development Permit Q Non-ResidenaL Planned Development O Condominium Permit Special Use Permit O Redevelopment Permit Q Tentative Parcel Map Q Administrative Variance Site Development Plan Zone Change O Conditional Use Permit O Hillside Development Permit O Environmental Impact Assessment 0 Variance O Planned thdusniai Permit Coastal Development Peit PInnmg Corriinkion Determination (: List any other applications nor speciflced 93-c3 2) LOCATION OF PROJECr: ON THE I West SIDE OF vi ara Point Dr. (NORTH. SOUTH EASt WEST (NAME OF STREET) BETWEEN Lot 285 j AND Lot 287 I (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAl. DESCRIPTION: 4) ASSESSOR PARCEL NO(S). 215-611-25 5) LOCAl. FACILITIES 19 J 6) EXISTING GENERAL PLAN LM, imiJ 7) PROPOSED GENERAL PLN anie MANAGEMENT ZONE DESIGNATION RC ,us DESIGNATION 8) EXISTING ZONING p( 9) PROPOSED ZONING I Same j 10) GROSS SITE ACREAGE 11) PROPOSED NUMBER OF 0 1 12) PROPOSED NUMBER 0 13) TYPE OF SUBDIVISION Res RESIDENTIAL UN j OF LOTS (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EGSTING RESIDENTIAl. UNiTS I 0 1 IS) PROPOSED INDUSTRIAL 720 sf 16) PROPOSED COMMERCIAL OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE 'Ir T CrTY0FCARL5BAD - LAND USE asvizw APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE I N/A 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 20)PROJECI' NAME. I Aviara Point Sales Trailer 21) BRIEF DEScRIPTIONOPPROJECr: ITemoorarily install a sales trai on lot 286 at Aviara Point for marketing purposes. • 22) IN THE PROCESS OF NG THIS APPLICATION rr MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLNNINMMI DESIGN REVIEW BOARD MEMBERS, OR C1T( COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPEB IS THE SUBJECT OF THIS APPLICATION. VWE CONSENT TO ENTRY FOR THIS PURPOSE 1). L. Clemens - 23) OWNER,- - 24) APPLICANT NAM (pRINTOR TYPE) Aviara Land Associates NAME (PRORTYPE) Aviara Land Associa Limited Partnership Limited Partnership MAILING ADDRESS MAiLiNG ADDRESS 2011 Palomar Airport Rd. #206 2011 Palomar Airport Rd. #206 CITY AND STATE ZIP TELEPHONE Carlchid 1 92009 - 619 931-1190 CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92009 619 9311190 CPY ThA?t ZGz. QWN I 11P'r 1H&T I AM TM GA OWNI (TAThZ AND AND ThAT ALi. INPONMA1OH ¶iAT AU. ThE MOVE UMA11CH 5 lIVE AND MTID THE BT or MY __: IS lIVE AND THE 3OF 11/29/93 DATE 11/29/93 DATE -ILL. C iue I Pic,jikii1 1J.L. Cl1 FOR CTrY USE ONLY FEE COMPUTATION: CPflJFD APPLICATION TYPE PEE REQUIRED VOID NOV ' C rv o F CALW) DATE 31PEC*flQ$ b'b RECEIVED BY: /&1YhA ______ TOTAL PEE REQUIRED c &). oO DATE FEE PAID I 3<7 [C RECEIPT NO. es: Cr1? OF CARLSBAD 1 W LAND USE REVIEW APPUCATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE I N/A } 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 20) PROJECT NAME: Aviara Point Sales Trailer 21) BRIEF DESCRIPTION OFPROJECr: Temporarily install a sales trailer r. -- - - 22) IN THE PROCESS OF ?G,ThIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNINGEMZ4I DESIGN REVIEW BOARD MEMBERS, OR Cli? COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPER IS THE SUBJECr OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE >1y4tVUZ L. As/Vice President 23) OWNER 24) APPLICANT NAME (PRINT OR TYPE) NAME (PRINT OR TYPE) Aviara Land Associates Limited Prtn. Aviara Land Associates Limited Prtn MAILING ADDRESS MAILING ADDRESS 2011 Palomar Airport Rd., #206 2011 Palomar Airport Rd.. #206 crrt AND STATE ZIP TELEPHONE CrrY AND STATE ZIP TELEPHONE Carlsbad, CA 92009 931-1190 Carlsbad, CA 92009 931-1190 I CMTM ThA1 I AM ThE LEON. OWNI I CMITY ThAT I AM TIM 11GM. OWWER?a REPRDITATIVE AND AND THAT ALL THE THAT ALl. THE ABOVE INFORMATION IS TRUE AND CRREC TO ThE IS TR CMEC TO THE arsr or ssr or MY IQOWLL MY E. AWRE DATE 4110 SIGN z7LO/9 ... * i M-7 ... c u * * FOR CiTY USE ONLY FEE COMPt.ITA11ON: APPLICATION TYPE FEE REQUIRED RECEIVED APR 1 2 1996 DATE P:JLPTO RECEIVED BY: TOTAL FEE REQUIRED CZ) DATE FEE PAID [ RECEIPT NO. so 712 ORDER NO. 1082313-15 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 DECEMBER 21, 1994 HILLMAN PROPERTIES WEST 2011 PALOMAR AIRPORT ROAD, SUITE 206 CARLSBAD, CALIFORNIA ATTN: PAM WHITCOMB OUR ORDER NO. 1082313-15 R E c ",-- ~ "'v E L?) DEC 2 11994 CITY OF CARLSBAD PLANNING DEPT. IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY 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 SUSTAIND BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF DECEMBER 14, 1994 AT 7:30 A.M. N - '~~ - GREG SPANIOL TI E OFFICER DIRECT DIAL PHONE 21-4656 PAGE 1 0 0 ORDER NO. 1082313-15 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: TO BE DETERMINED TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF lS VESTED IN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE }EREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. SECOND INSTALLMENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1994-95, A LIEN NOT YET DELINQUENT. 2. A BOND ISSUED UNDER THE 1915 ACT FOR ALGA ROAD, ASSESSMENT NO. 0000, DISTRICT 88-1, WHICH IS CURRENTLY OR WILL BE COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $8,678.74, PROVIDED CURRENT TAXES ARE PAID. THIS IS NOT A PAY-OFF AMOUNT. 3. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. 4. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. PAGE 2 O 0 ORDER NO. 1082313-15 5. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE DISTRICT NO. 1" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY OF CARLSBAD A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 19, 1986, RECORDER'S FILE NO. 86-356638. SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES FUNDS FOR THE CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE GEI;ERATED BY FEES COLLECTED AS BUILDING PERMITS ARE ISSUED FOR DEVELOPMENT WITHIN THE BOUNDARIES OF THE DISTRICT. 6. AN AGREEMENT REGARDING TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE TRAIL), DATED JUNE 6, 1988, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE STATE LANDS COMMISSION, WITH THE CONCURRENCE OF THE CALIFORNIA ATTORNEY GENERAL AND PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP. RECORDED: JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $125,000,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED DECEMBER 23, 1988 AS FILE NO. 88-661636 OF OFFICIAL RECORDS. DATED: DECEMBER 20, 1988 TRUSTOR: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TRUSTEE: FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY: FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION AFFECTS THE PROPERTY HEREIN DESCRIBED WITH OTHER PROPERTY. SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION (OPEN SPACE) RECORDED APRIL 14, 1989 AS FILE NO. 89-196176 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL 14, 1989 AS FILE NO. 89-196177 OF OFFICIAL RECORDS. PAGE 3 40 ORDER NO. 1082313-15 SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION (TRAIL) RECORDED APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL 14, 1989 AS FILE NO. 89-196179 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS RECORDED APRIL 14, 1989 AS FILE NO. 89-196180 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL 14, 1989 AS FILE NO. 89-196181 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT AND COVENANT REGARDING CATV SERVICE RECORDED JUNE 1, 1990 AS FILE NO. 90- 298175 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED JUNE 1, 1990 AS FILE NO. 90-298174 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVIARA POINT RECORDED AUGUST 1, 1990 AS FILE NO. 90-421123 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED AUGUST 1,1990 AS FILE NO. 90-421124 OF OFFICIAL RECORDS. AN INSTRUMENT DATED JUNE 22, 1992, RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406651 OF OFFICIAL RECORDS, EXECUTED AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED. AN INSTRUMENT DATED DECEMBER 6, 1993, RECORDED JANUARY 27, 1994 AS FILE NO. 1994-0060393 OF OFFICIAL RECORDS, EXECUTED BY AVIAPA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED. 8. AN ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT WAS EXECUTED BY: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TO : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED : DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661637 PAGE 4 0 40 ORDER NO. 1082313-15 9. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER SHOWING: DEBTOR: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP SECURED PARTY: FIRST INTERSTATE BANK OF CALIFORNIA RECORDED: DECEMBER 23, 1988 AS FILE NO. 88-661638 OF OFFICIAL RECORDS. PROPERTY COVERED: AS SET FORTH THEREIN AN AMENDMENT TO SAID INSTRUMENT RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406652 OF OFFICIAL RECORDS. 10. THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT, AS DISCLOSED BY INSTRUMENT RECORDED MARCH 14, 1989 AS FILE NO. 89-242769 OF OFFICIAL RECORDS. NOTICE OF SPECIAL TAX LIEN RECORDED APRIL 9, 1990 AS FILE NO. 90-189679 OF OFFICIAL RECORDS. 11. AN INSTRUMENT ENTITLED "DEED RESTRICTION (OPEN SPACE)", DATED MARCH 22, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS AND RESTRICTIONS CONTAINED THEREIN EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND THE CALIFORNIA COASTAL COMMISSION, RECORDED APRIL 14, 1989, AS FILE NO. 89-196176 OF OFFICIAL RECORDS. 12. AN AGREEMENT REGARDING DEED RESTRICTION (LAGOON NORTH SHORE TRAIL), DATED MARCH 13, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED RECORDED: APRIL 14, 1989 AS RECORDS. PARTNERSHIP, A DELAWARE CORPORATION AND THE CALIFORNIA COASTAL COMMISSION. FILE NO. 89-196178 OF OFFICIAL REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 13. A DOCUMENT ENTITLED "IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS" (LAGOON NORTH SHORE 100' BUFFER) DATED MARCH 13, 1989, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, RECORDED APRIL 14, 1989, RECORDER'S FILE NO. 89-196180 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 5 0 0 ORDER NO. 1082313-15 14. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE, DATED MARCH 31, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES. LIMITED PARTNERSHIP, A 'LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD. RECORDED: JUNE 5, 1989 AS FILE NO. 89-296176 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS 15. THE SUBDIVISION MAP REFERRED TO IN THE LEGAL DESCRIPTION HEREIN CONTAIN VARIOUS RESTRICTIONS IN IMPROVING OR DEVELOPING THE PROPERTY HEREIN DESCRIBED. REFERENCE IS MADE TO SAID MAP FOR FURTHER PARTICULARS. 16. AN EASEMENT FOR 4' GENERAL UTILITY AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 12412, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS: PARCEL MAP NO. 16451 THE EASTERLY 4 FEET OF LOT 286. 17. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS AND CHARGES BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN AS CONTAINED IN THE DECLARATION OF RESTRICTIONS RECORDED JULY 5, 1989 AS FILE NO. 89-354659 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THIS DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ANY REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR FIRST MORTGAGE. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. FIRST AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED JULY 31, 1990 AS FILE NO. 90-418521 OF OFFICIAL RECORDS. SECOND AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED FEBRUARY 8, 1991 AS FILE NO. 1991-0057543 AND PAGE 6 0 a ORDER NO. 1082313-15 RE-RECORDED MARCH 15, 1991 AS FILE NO. 1991-0114756, BOTH OF OFFICIAL RECORDS. THIRD AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED SEPTEMBER 16, 1991 AS FILE NO. 1991-0475307 OF OFFICIAL RECORDS. FIRST AMENDED AND FULLY RESTATED ASSIGNMENT OF DECLARANT'S RIGHTS UNDER MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTION FOR THE AVIARA COUNTRY CLUB AND RESORT, DATED JUNE 22, 1992, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406653 OF OFFICIAL RECORDS. 18. AN AGREEMENT REGARDING CERTAIN IMPROVEMENTS AND EASEMENTS, DATED MARCH 7, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND WESTERN NATIONAL HOMES I LIMITED, A CALIFORNIA LIMITED PARTNERSHIP. RECORDED: MARCH 22, 1990 AS FILE NO. 90-153235 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 19. AN AGREEMENT REGARDING UNITY OF CONTROL, DATED FEBRUARY 20, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: RECORDED: APRIL 16, 1990 AS RECORDS. AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP; DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP; LYON COMMUNITIES, INC., A CALIFORNIA CORPORATION; RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP; A-M HOMES, A CALIFORNIA LIMITED PARTNERSHIP AND BRAMALEA CALIFORNIA INC., A CALIFORNIA CORPORATION. FILE NO. 90-204778 OF OFFICIAL REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 7 a so ORDER NO. 1082313-15 20. AN EASEMENT AND COVENANT REGARDING CATV SERVICE, DATED APRIL 17, 1990, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND DANIELS CABLEVISION, INC., A DELAWARE CORPORATION, RECORDED JUNE 1, 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS. AN ASSUMPTION AND EASEMENT UPON THE TERMS, COVENANTS, EXECUTED BY AND BETWEEN: RECORDED: JUNE 1, 1990 AS RECORDS. AGREEMENT DATED APRIL AND CONDITIONS CONTAINED DANIELS CABLEVISION, DELAWARE CORPORATION HOMES, A CALIFORNIA PARTNERSHIP. FILE NO. 90-298179 OF 7, 1990, THEREIN. INC., A AND A-M LIMITED OFFICIAL REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. A PORTION OF SAID LAND WAS RELEASED FROM SAID INSTRUMENT BY CORPORATION QUITCLAIM DEED, DATED MARCH 26, 1991, EXECUTED BY DANIELS CABLEVISION, INC., A DELAWARE CORPORATION, RECORDED APRIL 15, 1991 AS FILE NO. 91-0168675 OF OFFICIAL RECORDS. FIRST AMENDMENT TO EASEMENT AND COVENANT REGARDING CATV SERVICE, RECORDED APRIL 15, 1991 AS FILE NO. 91-0168678 OF OFFICIAL RECORDS. 21. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS AND CHARGES BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN AS CONTAINED IN THE DECLARATION OF RESTRICTIONS RECORDED AUGUST 1, 1990 AS FILE NO. 90-421123 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THIS DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ANY REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR FIRST MORTGAGE. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE INCORPORATED BY A DECLARATION OF ANNEXATION RECORDED FEBRUARY 6, 1991 AS FILE NO. 91-0053111 OF OFFICIAL RECORDS. PAGE 8 0 0 ORDER NO. 1082313-15 FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVIARA POINT CARLSBAD, CALIFORNIA (PLANNING AREA 13), RECORDED OCTOBER 24, 1991 AS FILE NO. 91-0551088 AND RE-RECORDED NOVEMBER 27, 1991 AS FILE NO. 91-0615505, BOTH OF OFFICIAL RECORDS. 22. THE FACT THAT SAID LAND LIES WITHIN THE ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD), AS DISCLOSED BY INSTRUMENT RECORDED OCTOBER 31, 1990 AS FILE NO. 90-590739 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 23. THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1, AS DISCLOSED BY INSTRUMENT RECORDED DECEMBER 19, 1990 AS FILE NO. 90-0674118 OF OFFICIAL RECORDS. NOTICE OF SPECIAL TAX LIEN RECORDED MAY 20, 1991 AS FILE NO. 1991-0236959 OF OFFICIAL RECORDS. 24. AN EASEMENT TO CONSTRUCT AND MAINTAIN, PLACE, OPERATE, INSPECT, REPAIR, REPLACE AND REMOVE SUCH UNDERGROUND COMMUNICATION FACILITIES AS GRANTEE MAY FROM TIME TO TIME REQUIRE (INCLtJDING INGRESS THERETO AND EGRESS THEREFROM) CONSISTING OF WIRES, CABLES, CONDUIT, MANHOLES, HANDHOLES AND ABOVE GROUND MARKERS, PEDESTALS, TERMINAL EQUIPMENT CABINETS, OTHER ASSOCIATED ELECTRICAL CONDUCTORS AND NECESSARY FIXTURES AND APPURTENANCES AND INCIDENTAL PURPOSES IN FAVOR OF PACIFIC BELL, A CALIFORNIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, RECORDED NOVEMBER 29, 1990 AS FILE NO. 90-0636009 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: 1. THOSE PORTIONS OF SAID LOTS 233 TO 302 INCLUSIVE DESIGNATED AND DELINEATED ON SAID MAP AS "4.00' GENERAL UTILITY EASEMENT TO THE CITY OF CARLSBAD DEDICATED HEREIN." 2. LOT 303, SAID LOT DESIGNATED AND DELINEATED ON SAID MAP AS "AVIARA DRIVE (PRIVATE STREET)" AND "GENERAL UTILITY AND ACCESS EASEMENT...". REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 25. A AFFORDABLE HOUSING DEVELOPMENT AGREEMENT DATED JULY 29, 1993, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. PAGE 9 0 ORDER NO. 1082313-15 RECORDED: AUGUST 25, 1993 AS FILE NO. 1993-0554264 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 26. THE TERMS, COVENANTS, AND PROVISIONS OF THE PARTNERSHIP AGREEMENT REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS. 1994-1995 TAX INFORMATION: CODE AREA: 09027 PARCEL NO.: 215-610-25 1ST INSTALLMENT: $1,323.23 PAID 2ND INSTALLMENT: $1,323.23 OPEN LAND VALUE: $83 . 450. 00 IMPROVEMENTS: $ -0- EXEMPT: $-0- PAGE 10 a a ORDER NO. 1082313-15 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 286 OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 - UNIT 11 D", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12412, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. I, PAGE 11 -c E 4 ORDER NO. 1070972-15 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 AMENDED OCTOBER 22, 1993 HILLMAN PROPERTIES WEST 2011 PALOMAR AIRPORT ROAD, SUITE 206 CARLSBAD, CALIFORNIA ATTN: PEGGY COLLINS OUR ORDER NO. 1070972-15 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY 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 REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISsuiu THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED -- THAT LIABILITY BE ASSUMED PRIOR TO THE' ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF JUNE 21, 1993 AT 7:30 A.M. ç L GREG SPANIOL/MRV - TITLE 'OFFICER DIRECT DIAL PHOTE 231-4656 PAGE 1 s ,t .tF:iI - .-- -•A - - ORDER NO. 1070972-15 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: TO BE DETERMINED TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1993-94, A LIEN, NOT YET PAYABLE. 2. A REPORT TO FOLLOW ON: BONDS OR ASSESSMENTS 3. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. - 4 • SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 5. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE DISTRICT NO. 1" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY OF CARLSBAD A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 19, 1986, RECORDER'S FILE NO. 86-356638. PAGE 2 ,. AMj1 I ORDER NO. 1070972-15 SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES FUNDS FOR THE - CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE GENERATED BY FEES COLLECTED AS BUILDING PERMITS ARE ISSUED FOR DEVELOPMENT WITHIN THE BOUNDARIES OF THE DISTRICT. 6. AN AGREEMENT REGARDING TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE TRAIL), DATED JUNE 6, 1988, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE STATE LANDS COMMISSION, WITH THE CONCURRENCE OF THE CALIFORNIA ATTORNEY GENERAL AND PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP. RECORDED: JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $125,000,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED DECEMBER 23, 1988 AS FILE NO. 88-661636 OF OFFICIAL RECORDS. DATED: DECEMBER 20, 1988 TRUSTOR: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TRUSTEE: FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY: FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION AFFECTS THE PROPERTY HEREIN DESCRIBED WITH OTHER PROPERTY. SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION (OPEN - SPACE) RECORDED APRIL 14, 1989 AS FILE NO. 89-196176 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL 14, 1989 AS FILE NO. 89-196177 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION (TRAIL) RECORDED APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL 14, 1989 AS FILE NO. 89-196179 OF OFFICIAL RECORDS. PAGE 3 . . - ORDER NO. 1070972-15 SAID DEED OF TRUST IS SUBORDINATE TO THE IRREVOCABLE OFFER TO -- - DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS RECORDED APRIL 14, 1989 AS FILE NO. 89-196180 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL 14, 1989 AS FILE NO. 89-196181 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT AND COVENANT REGARDING CATV SERVICE RECORDED JUNE 1, 1990 AS FILE NO. 90- 298175 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED JUNE 1 1 1990 AS FILE NO. 90-298174 OF OFFICIAL RECORDS. SAID DEED OF TRUST IS SUBORDINATE TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVIARA POINT RECORDED AUGUST 1, 1990 AS FILE NO. 90-421123 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED AUGUST 1, 1990 AS FILE NO. 90-421124 OF OFFICIAL RECORDS. AN INSTRUMENT DATED JUNE 22, 1992, RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406651 OF OFFICIAL RECORDS, EXECUTED AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED. 8. AN ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT WAS EXECUTED BY: AVI.ARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TO : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED : DECEMBER 23, 1988, RECORDER'S FILE NO. 88- 661637 9. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER SHOWING: DEBTOR: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP SECURED PARTY: FIRST INTERSTATE BANK OF CALIFORNIA RECORDED: DECEMBER 23, 1988 AS FILE NO. 88-661638 OF OFFICIAL RECORDS. PROPERTY COVERED: AS SET FORTH THEREIN AN AMENDMENT TO SAID INSTRUMENT RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406652 OF OFFICIAL RECORDS. 10. THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT, AS DISCLOSED BY INSTRUMENT RECORDED MARCH 14, 1989 AS FILE NO. 89-242769, DECEMBER 19, 1990 AS FILE NO. 90- 0674118, BOTH OF OFFICIAL RECORDS. PAGE 4 '.. . . ' I ORDER NO. 1070972-15 - NOTICE OF SPECIAL TAX LIEN RECORDED JULY 28, 1989, RECORDER'S FILE NO. 89-400726, APRIL 9, 1990, RECORDER'S FILE NO. 90-189679, AND MAY 20, 1991 AS FILE NO. 91-0236959, ALL OF OFFICIAL RECORDS. 11. AN INSTRUMENT ENTITLED "DEED RESTRICTION (OPEN SPACE)", DATED MARCH 22, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS AND RESTRICTIONS CONTAINED THEREIN EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND THE CALIFORNIA COASTAL COMMISSION, RECORDED APRIL 14, 1989, AS FILE NO. 89-196176 OF OFFICIAL RECORDS. 12. AN AGREEMENT REGARDING DEED RESTRICTION (LAGOON NORTH SHORE TRAIL), DATED MARCH 13, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION AND THE CALIFORNIA COASTAL COMMISSION. RECORDED: APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL - RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 13. A DOCUMENT ENTITLED "IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS" (LAGOON NORTH SHORE 100' BUFFER) DATED MARCH 13, 1989, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, RECORDED APRIL 14, 1989, RECORDER'S FILE NO. 89-196180 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 14. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE, DATED MARCH 31, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS -. CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD. RECORDED: JUNE 5, 1989 AS FILE NO. 89-296176 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 15. THE SUBDIVISION MAP REFERRED TO IN THE LEGAL DESCRIPTION HEREIN CONTAIN VARIOUS RESTRICTIONS IN IMPROVING OR DEVELOPING THE PROPERTY HEREIN DESCRIBED. REFERENCE IS MADE TO SAID MAP FOR FURTHER PARTICULARS. PAGE 5 ORDER NO. 1070972-15 16. AN EASEMENT FOR 4' GENERAL UTILITY AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO. 12412, SUBJECT TO ANY TERMS - AND CONDITIONS CONTAINED THEREIN. AFFECTS: LOTS 234 THROUGH 301 INCLUSIVE AND PARCELS 3 AND 4 OF PARCEL MAP 16451. 17. AN AGREEMENT REGARDING CERTAIN IMPROVEMENTS AND EASEMENTS, DATED MARCH 7, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED • PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND WESTERN NATIONAL HOMES I LIMITED, A CALIFORNIA • LIMITED PARTNERSHIP. RECORDED: MARCH 22, 1990 AS FILE NO. 90-153235 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 18. AN AGREEMENT REGARDING UNITY OF CONTROL, DATED FEBRUARY 20, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP; DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP; LYON COMMUNITIES, INC., A CALIFORNIA CORPORATION; RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP; A-M HOMES, A CALIFORNIA LIMITED PARTNERSHIP AND BRAMALEA CALIFORNIA INC., A CALIFORNIA CORPORATION. RECORDED: APRIL 16, 1990 AS FILE NO. 90-204778 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. - - - 19. AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, PIPELINES, AND APPURTENANCES FOR ANY AND ALL PURPOSES, COMMUNICATION FACILITIES, AND APPURTENANCES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION, RECORDED APRIL 27, 1990 AS FILE NO. 90-229570 OF OFFICIAL RECORDS, LOCATED WITHIN LOTS 234 THROUGH 268 AND PARCEL 3 OF PARCEL MAP 16451. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 6 ¼ t . . ORDER NO. 1070972-15 20. AN EASEMENT AND COVENANT REGARDING CATV SERVICE, DATED APRIL 17, 1990, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND DANIELS CABLEVISION, INC., A DELAWARE CORPORATION, RECORDED JUNE 1, 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS. AN ASSUMPTION AND EASEMENT AGREEMENT DATED APRIL 17, 1990, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: DANIELS CABLEVISION, INC., A DELAWARE CORPORATION AND A-M HOMES, A CALIFORNIA LIMITED PARTNERSHIP. RECORDED: JUNE 1, 1990 AS FILE NO. 90-298179 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. A PORTION OF SAID LAND WAS RELEASED FROM SAID INSTRUMENT BY CORPORATION QUITCLAIM DEED, DATED MARCH 26, 1991, EXECUTED BY DANIELS CABLEVISION, INC., A DELAWARE CORPORATION, RECORDED APRIL 15, 1991 AS FILE NO. 91-0168675 OF OFFICIAL RECORDS. FIRST AMENDMENT TO EASEMENT AND COVENANT REGARDING CATV SERVICE, RECORDED APRIL 15, 1991 AS FILE NO. 91-0168678 OF OFFICIAL RECORDS. 21. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS AND CHARGES BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN AS CONTAINED IN THE DECLARATION OF RESTRICTIONS RECORDED AUGUST 1, 1990 AS FILE NO. 90-421123 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THIS DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ANY REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR FIRST MORTGAGE. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE INCORPORATED BY A DECLARATION OF ANNEXATION RECORDED FEBRUARY 6, 1991 AS FILE NO. 91-0053111 OF OFFICIAL RECORDS. AFFECTS LOTS 244 THROUGH 255, INCLUSIVE, AND LOTS 279 THROUGH 290, INCLUSIVE, OF MAP NO. 12412. SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE INCORPORATED BY A DECLARATION OF ANNEXATION RECORDED FEBRUARY 6, 1991 AS FILE NO. 91-0053112 OF OFFICIAL RECORDS. AFFECTS LOTS 256 THROUGH 278 INCLUSIVE, OF MAP NO. 12412. PAGE 7 t 0 . ORDER NO. 1070972-15 FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AVIABA POINT CARLSBAD, CALIFORNIA (PLANNING AREA 13), RECORDED OCTOBER 24, 1991 AS FILE NO. 91-0551088 AND RE-RECORDED NOVEMBER 27, 1991 AS FILE NO. 91-0615505, BOTH OF OFFICIAL RECORDS. AFFECTS LOTS 234 THROUGH 301 OF MAP NO. 12412 AND PARCELS 1, 3 AND 4 OF PARCEL MAP NO. 16451. 22. THE FACT THAT SAID LAND LIES WITHIN THE ASSESSMENT DISTRICT NO. 88-1 (ALGA ROAD), AS DISCLOSED BY INSTRUMENT RECORDED OCTOBER 31, 1990 AS FILE NO. 90-590739 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 23. AN EASEMENT TO CONSTRUCT AND MAINTAIN, PLACE, OPERATE, INSPECT, REPAIR, REPLACE AND REMOVE SUCH UNDERGROUND COMMUNICATION FACILITIES AS GRANTEE MAY FROM TIME TO TIME REQUIRE (INCLUDING INGRESS THERETO AND EGRESS THEREFROM) CONSISTING OF WIRES, CABLES, CONDUIT, MANHOLES, HANDHOLES AND ABOVE GROUND MARKERS, PEDESTALS., TERMINAL EQUIPMENT CABINETS, OTHER ASSOCIATED ELECTRICAL CONDUCTORS AND NECESSARY FIXTURES AND APPURTENANCES AND INCIDENTAL PURPOSES IN FAVOR OF PACIFIC BELL, A CALIFORNIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, RECORDED NOVEMBER 29, 1990 AS FILE NO. 90-0636009 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: 1. THOSE PORTIONS OF SAID LOTS 233 TO 302 INCLUSIVE DESIGNATED AND DELINEATED ON SAID MAP AS 11 4.00' GENERAL UTILITY EASEMENT TO THE CITY OF CARLSBAD DEDICATED HEREIN." 2. LOT 303, SAID LOT DESIGNATED AND DELINEATED ON SAID MAP AS "AVIABA DRIVE (PRIVATE STREET)" AND "GENERAL UTILITY AND ACCESS EASEMENT.. uI REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. - AFFECTS ALL LOTS. 24. AN EASEMENT FOR GENERAL UTILITY AND ACCESS AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON PARCEL MAP NO. 16451, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN. AFFECTS PARCELS 3 AND 4. 25. AN EASEMENT FOR MAINTAINING IRRIGATION AND LANDSCAPING AND INCIDENTAL PURPOSES IN FAVOR OF AVIARA POINT ASSOCIATION, A CALIFORNIA NON-PROFI: MUTUAL BENEFIT CORPORATION, RECORDED NOVEMBER 27, 1991 AS FILE NO. 1991-0615507 OF OFFICIAL RECORDS, LOCATED WITHIN PARCELS 3 AND 4 OF PARCEL MAP NO. 16451, AS SET FORTH THEREIN. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 8 ' . . ORDER NO. 1070972-15 26. A HOLD HARMLESS AGREEMEN' T DATED MARCH 2, 1993, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES AND THE CITY OF CARLSBAD. RECORDED: MARCH 10, 1993 AS FILE NO. 1993-0149596 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS LOT 292 OF MAP NO. 12412. 27. THE TERMS, COVENANTS, AND PROVISIONS OF THE PARTNERSHIP AGREEMENT REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS. 28. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COPY OF THE PARTNERSHIP AGREEMENT FOR AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP REFERRED TO IN THE VESTING HEREIN AND ANY AMENDMENTS THERETO. 1992-1993 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09027 215-610-02 $950.88 PAID $950.88 PAID $80,210.00 $-0 - PAGE 9 ç AM .c f:-- ORDER NO. 1070972-15 1992-1993 TAX INFORMATION: CODE AREA: 09027 PARCEL NO.: 215-610-03 1ST INSTALLMENT: $950.88 PAID 2ND INSTALLMENT: $950.88 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: CODE AREA: ---'09027 PARCEL NO.: 215-610-04 1ST INSTALLMENT: $980.02 PAID 2ND INSTALLMENT: $980.02 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $ -0- EXEMPT: $-a-- CODE AREA: 09027 PARCEL NO.: 215-610-05 1ST INSTALLMENT: $957.84 PAID 2ND INSTALLMENT: $957.84 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-610-06 1ST INSTALLMENT: $944.89 PAID 2ND INSTALLMENT: $944.89 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-610-07 1ST INSTALLMENT: $958.73 PAID 2ND INSTALLMENT: $958.73 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: PAGE 10 E j -.! 1992-1993 TAX INFORMATION: CODE AREA: 09027 PARCEL NO.: 215-610-08 1ST INSTALLMENT: $959.71 PAID 2ND INSTALLMENT: $959.71 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-610-09 1ST INSTALLMENT: $956.77 PAID 2ND INSTALLMENT: $956.77 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-610-10 1ST INSTALLMENT: $959.91 PAID 2ND INSTALLMENT: $959.91 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-610-11 1ST INSTALLMENT: $947.16 PAID 2ND INSTALLMENT: $947.16 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-610-12 1ST INSTALLMENT: $946.67 PAID 2ND INSTALLMENT: $946.67 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-610-13 1ST INSTALLMENT: $942.45 PAID 2ND INSTALLMENT: $942.45 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: $-0- ORDER NO. 1070972-15 PAGE 11 '. •1, . ORDER NO. 1070972-15 1992-1993 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09027 215-610-14 $964.82 PAID $964.82 PAID $80,210.00 $-0- $-0- 09027 215-610-15 $964.82 PAID $964.82 PAID $80,210.00 s-a- 09027 215-610-16 $975.02 PAID $975.02 PAID $80,210.00 s-a- 09027 215-610-17 $989.34 PAID $989.34 PAID $80,210.00 $-0- 5-0- 09027 215-610-18 $1,037.61 PAID $1,037.61 PAID $80,210.00 s-a- s-a- 09027 215-610-19 $1,098.82 PAID $1,098.82 PAID $80,210.00 $-o- $-o - PAGE 12 ç AMEj 1 r' 1992-1993 TAX INFORMATION: CODE AREA: 09027 PARCEL NO.: 215-610-20 1ST INSTALLMENT: $1,107.26 PAID 2ND INSTALLMENT: $1,107.26 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-611-01 1ST INSTALLMENT: $1,076.36 PAID 2ND INSTALLMENT: $1,076.36 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-611-02 1ST INSTALLMENT: $1,041.53 PAID 2ND INSTALLMENT: $1,041.53 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-611-03 1ST INSTALLMENT: $1,024.75 PAID 2ND INSTALLMENT: $1,024.75 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-611-04 1ST INSTALLMENT: $1,007.88 PAID 2ND INSTALLMENT: $1,007.88 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $ -0- EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-611-05 1ST INSTALLMENT: $981.49 PAID 2ND INSTALLMENT: $981.49 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: $-0- ORDER NO. 1070972-15 PAGE 13 ,c\ 1992-1993 TAX INFORMATION: CODE AREA: 09027 PARCEL NO.: 215-611-06 1ST INSTALLMENT: $978.45 PAID 2ND INSTALLMENT: $978.45 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-O- EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-611-07 1ST INSTALLMENT: $982.08 PAID 2ND INSTALLMENT: $982.08 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-611-08 1ST INSTALLMENT: $975.01 PAID 2ND INSTALLMENT: $975.01 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-611-09 1ST INSTALLMENT: $987.57 PAID 2ND INSTALLMENT: $987.57 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-611-10 1ST INSTALLMENT: $1,005.72 PAID' 2ND INSTALLMENT: $1,005.72 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-611-11 1ST INSTALLMENT: $1,051.73 PAID 2ND INSTALLMENT: $1,051.73 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: ORDER NO. 1070972-15 PAGE 14 / •' __. I 1992-1993 TAX INFORMATION: CODE AREA: 09027 PARCEL NO.: 215-611-12 1ST INSTALLMENT: $1,032.90 PAID 2ND INSTALLMENT: $1,032.90 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: ORDER NO. 1070972-15 CODE AREA: 09027 PARCEL NO.: 215-611-13 1ST INSTALLMENT: $1,053.59 PAID 2ND INSTALLMENT: $1,053.59 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-611-14 1ST INSTALLMENT: $1,049.77 PAID 2ND INSTALLMENT: $1,049.77 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-611-15 1ST INSTALLMENT: $1,036.13 PAID 2ND INSTALLMENT: $1,036.13 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-611-18 1ST INSTALLMENT: $1,191.23 PAID 2ND INSTALLMENT: $1,191.23 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: $-0-- CODE AREA: 09027 PARCEL NO.: 215-611-19 1ST INSTALLMENT: $1,143.16 PAID 2ND INSTALLMENT: $1,143.16 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: $-0- PAGE 13 ORDER NO. 1070972-15 1992-1993 TAX INFORMATION: CODE AREA: 09027 PARCEL NO.: 215-611-20 1ST INSTALLMENT: $1,109.70 PAID 2ND INSTALLMENT: $1,109.70 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: CODE AREA: - 09027 PARCEL NO.: 215-611-21 1ST INSTALLMENT: $1,020.04 PAID 2ND INSTALLMENT: $1,020.04 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: $-O- CODE AREA: 09027 PARCEL NO.: 215-611-22 1ST INSTALLMENT: $999.93 PAID 2ND INSTALLMENT: $999.93 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-o- EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-611-23 1ST INSTALLMENT: $1,009.45 PAID 2ND INSTALLMENT: $1,009.45 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-O- EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-611-24 1ST INSTALLMENT: $1,119.02 PAID 2ND INSTALLMENT: $1,119.02 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $ -0- EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-611-25 1ST INSTALLMENT: $1,225.66 PAID 2ND INSTALLMENT: $1,225.66 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: $-0- PAGE 16 I . ORDER NO. 1070972-15 1992-1993 TAX INFORMATION: CODE AREA: 09027 PARCEL NO.: 215-611-28 1ST INSTALLMENT: $1,196.33 PAID 2ND INSTALLMENT: $1,196.33 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: $-o-- CODE AREA: 09027 PARCEL NO.: 215-611-29 1ST INSTALLMENT: $1,131.68 PAID 2ND INSTALLMENT: $1,131.68 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-610-21 1ST INSTALLMENT: $1,063.61 PAID 2ND INSTALLMENT: $1,063.61 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-610-23 1ST INSTALLMENT: $1,041.92 PAID 2ND INSTALLMENT: $1,041.92 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-610-24 1ST INSTALLMENT: $986.88 PAID 2ND INSTALLMENT: $986.88 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $ -0- EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-610-25 1ST INSTALLMENT: $979.62 PAID 2ND INSTALLMENT: $979.62 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $ -0- EXEMPT: PAGE 17 ..: - - 1992-1993 TAX INFORMATION: CODE AREA: 09027 PARCEL NO.: 215-610-26 1ST INSTALLMENT: $981.29 PAID 2ND INSTALLMENT: $981.29 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-610-27 1ST INSTALLMENT: $982.86 PAID 2ND INSTALLMENT: $982.86 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-610-28 1ST INSTALLMENT: $980.51 PAID 2ND INSTALLMENT: $980.51 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-610-29 1ST INSTALLMENT: $974.03 PAID 2ND INSTALLMENT: $974.03 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $ -0- EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-610-30 1ST INSTALLMENT: $973.93 PAID 2ND INSTALLMENT: $973.93 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-610-31 1ST INSTALLMENT: $974.13 PAID 2ND INSTALLMENT: $974.13 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: $-0- ORDER NO. 1070972-15 PAGE 18 ç :ME 1992-1993 TAX INFORMATION: CODE AREA: 09027 PARCEL NO..: 215-610-32 1ST INSTALLMENT: $968.34 PAID 2ND INSTALLMENT: $968.34 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-610-33 1ST INSTALLMENT: $962.56 PAID 2ND INSTALLMENT: $962.56 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-610-34 1ST INSTALLMENT: $994.54 PAID 2ND INSTALLMENT: $994.54 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-610-35 1ST INSTALLMENT: $1,016.12 PAID 2ND INSTALLMENT: $1,016.12 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-610-36 1ST INSTALLMENT: $994.74 PAID 2ND INSTALLMENT: $994.74 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-610-37 1ST INSTALLMENT: $981.00 PAID 2ND INSTALLMENT: $981.00 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: EXEMPT: $-0- ORDER NO. 1070972-15 PAGE 19 71 1992-1993 TAX INFORMATION: CODE AREA: 09027 PARCEL NO.: 215-610-38 1ST INSTALLMENT: $1,001.80 PAID 2ND INSTALLMENT: $1,001.80 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: CODE AREA: 09027 PARCEL NO.: 215-610-39 1ST INSTALLMENT: $991.30 PAID 2ND INSTALLMENT: $991.30 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-O- EXEMPT: $-0- CODE AREA: 09027 PARCEL NO.: 215-610-40 1ST INSTALLMENT: $944.99 PAID 2ND INSTALLMENT: $944.99 PAID LAND VALUE: $80,210.00 IMPROVEMENTS: $-0- EXEMPT: $-0- ORDER NO. 1070972-15 PAGE 20 -ç AMER 1 Mv C' -1 ORDER NO. 1070972-15 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 234 TO 267 INCLUSIVE 270 THROUGH 277 INCLUSIVE AND 280, 281, 282, 284 TO 301 INCLUSIVE OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 - UNIT "D", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12412, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. TOGETHER WITH PARCELS 3 AND 4 OF PARCEL MAP NO. 16451, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 15, 1991. PAGE 21 p® 4 0 N - - S\Q%l tutu 3k 3b ell 11 * I . lilt Lr Cr) c-o ISIs k! I z Li7 •0 I.00.J?77-j P ••c1i: 1 Ii r A" r V PM 6c S.? , 'I) IS' < I- •, I I IIr 4 .,: iiII AI / IA cJ / A 4ç S) do co Ire ee L —I •,I2 , ''' /\- lit I? TI : '7 '-5 I N5 co .5_S_-S ----------- •--'•' '-5-. 'I .. - -- •: I SEE SHEET,hO. 5 t 46 • . i M '.S : • S d -ii 14 : _ ir'' (' • - t IZ H IL S. lII%4 two - S S •14 I : - I ,•5 5 4 S aD 5' 5 5 I • I •( mi 104,00 ' S iP too - ca MIZJSAE (I) 1st 51 . k -1 S.. • •• AS• 5,. ' •* . S.. ;. - • 45 S.. •• ...w • aD I S I j. • (1% I . s• 'i • S I '. fl 1• !y 0 I () I S , S • J(S •-... -.5 B C , . __ I SEE SNEET NO. 7 -S--S.. . 0 05 0, __•_ .5 .••._S___SS_5 S •• 0 lII I.• SEE SIET M. 6 .0, 40 lip gi ta 00 -4LL4 . 'I 71 •1 I • (I I .1 • I 4/I \.• \ V. ( ui % .II_•__ •.•.. RL / '-'I II ' 1 -4 h 14 -p ... (I_ I 114, '1 t r I Cf) 46 rim 'S.. S... _ . • !! .• • IT1 \ '• . . • ry IN :t\". • • '•\ \I•\\ • \éff Si-/lET AV. ri r ow- CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRW;E' cARLSBAD., CALIFORNIA 92008' 4$4-2867,' REC'D' FROM' ', 4MJt74 SJ. AE a ACCOUNT NO. DESCRIPTION' AMOUNT 1 93o ~K2. uV/Y J0QI 01 02 RECEIPT No. 302fl NOT VALID UNLESS VALIDATED BY TOTAL , c Printedonrecycledpaper. I.,Ptbll mr-ulb I LK / r CITY OF CARLSBAD 1200 CARLSBADOLLAGE DRIVE CARLSBAD, &IFORNIA 92008 434-2867 REC'D FROM (1 £jC ;-: / DATE ACCOUNT NO. DESCRIPTION AMOUNT c'+i 1 Y6 UVV.LW.V C-PR1T 831D - 00 RECEIPT NO. 27556 NOT VALID UNLESS VALIDATED BY TOTAL 3 : Printed on recycled paper. CASH REGISTER CITY OF CARLSBAD 1200 CARLSBAbVTLLAGE DRIVE CARLSBAD,CA'tIFORNIA 92008 434-2867 REC'D FROM ,4JJVJ:14 14 ui ,41i,;iVJi-.;r / 7I DATE I Jt. / 1 ACCOUNT NO. DESCRIPTION AMOUNT -. 0001 (A 2 r. RECEIPT NO. 15721 NOT VALID UNLESS VALIDATED BY TOTAL / / r ® Printed on recycled paper. CASH REGISTER /I ( 7 ' CITY OF CARLSBAD 1200 CARLSBAD ILLAGE DRIVE CARLSBAD, ALIFORNIA 92008 434-2867 REC'D FROM (tV1OA,&. lAiS1 DATE_______________ ACCOUNT NO. DESCRIPTION AMOUNT C M rr 489 110/9 OO1 01 02 a I RECEIPT NO. 5207 NOT VALID UNLESS VALIDATED BY TOTAL ® Printed on recycled paper. UAStI lthUISTH t itv of CArlsbad fliT i1[iI 'li4 nrqi DISCLOSURE STATEMENT LICANTS STATEMENT OF OISCLCSURE OF CERTAIN OWNERSHIP INTEESEVS ON ALL APPLICATIONS WHICH WILL PECURE CISCEflONAY ACTION ON 7"HE PAST CF T,-tE CiTY COUNCIL OR ANY APPQINTEO 8OAO. COMMISSION OR CCMMIrrEE. (Please Print) The following information must be disclosed: ApUcant List the names and addresses of all persons having a financial interest in the application. Aviara Land Associates Limited PartnershiD 2011 Palomar Airport Road Suite 206 Carlsbad, CA 92009 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. Aviara Land Associates Limited Partnership 2011 Palomar Airport Road Suite 206 Carlsbad, CA 92009 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. N/A 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. N/A FRM00013 8/90 2075 Las Palmas Drive • Carlsbad. California 92009-4859 • (619)438-1161 . . (Over) Disclosure Statement Page z 5. Have you had more than S250 worth of business transacted with any member of City staff, Scares Commissions, Committees and CounciVwithin the past twelve months? Yes >~EE7 yes, please indicate person(s) ersar, is defined as: 'Any individual, firm, ccCsrtn.rShiC. jGirrt Viriuri. asscr&tian social club, trat.msI organization. carp-oration. ests,t. trust, receiver. syndi.atu, this and any other aunty. arty and county, city municipality. district of other Political subdivisicri, at any athur gro" or combination acting as a unit.' Owner: Aviara Land Associates Limited Partnership, a Delaware limited partnership BY: Aviara L a Delaware eec Per L. Cleme s By: Scott M. Medansky/ Secreiy Date: U\ Applicant: Aviara Land Associates Limited Partnership, a Delaware limited partnership BY: Aviara Land ompany, a Delaware 2orprio eneral Partner By: D . Clem—ens/Vice President By: Scott M. Medansky/Asst. Secreta1i Date:___________ City of Carlsbad DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL. OR ANY APPOINTED BOARD, COMMISSION OR COMMflTEE. (Please Print) The following information must be disclosed: Applicant DEC 2 ¶ 199k CARLSBAD DEPT. 2. List the names and addresses of all persons having a financial interest in the application. Aviara Land Associates Limited Partnership Z011 Palomar Airport Rd. Suite ZUb. IIf9'Affihi Owner List the names and addresses of all persons having any ownership interest in the property involved. Aviara Land Compniy .r'lware Republic Development Co., corporation a California corporation 450 Newport Center Drive 180 N. Riverview Drive am 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names anc addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 14rnry Hillman 490 Newport f'.enter Drive Suite 304 Newport Beach, CA 92660 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names anc addresses of,any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. ' N/A FRM00013 8/90 2075 Las Palmas Drive • Carlsbad. California 92009-4859•(619) 438-1161 0 er) Disclosure Statement Page 2 5. Have you had more, than $250 worth of business transacted with any member of City staff, Boards Commisslo s, Corn ' ees and Council within the past twelve months? Yes - No f yes, please indicate person(s)_____________________________________________________ Person is defined u 'Any indivivaI, firm. copartnership. joint venture. associati on. social club, fraternal organization, corporation, estate. trust. receiver, syndicate, this and any other county, city and county, city municipaiity, district or other political subdivision, or any other group or combination acting a's a unit' (NOTE: Attach additional pages as necessary.) Owner: Aviara Land Associates Limited Partnership,, a Delaware limited partnership B Aviara ompany, a Delaware orati neral Partner D L. lem s ice President By: 9' . Ted L. Hoover/Assistant Secretary Date: \ A\CC(4 Applicant: Aviara Land Associates Limited Partnership, a Delaware united partnership Q. BY: Aviara Lan pany, a Delae Moratio ,.Ge eral Partner D. L. /Vice President By: )4 ed L. Hoover/Assistant Secretary Date: BY: Republic Development Co., a, 7 lifornia co ation, Gener er B D. L. C1e'ens1 ice President By: 341. Ted L. Hoover/Assistant Secretary Date: BY: Republic Development Co., a Californiô oration, .. General fart2er D. L-C ens/Vice President By: A It / d9 Ted L. Hoover/Assistant Secretary Date: ('~-i j 'I as PROJECT DESCRIPT I ON/EXPLANATION PROJECT NAME: Aviara Point Sales Trailer APPLICANT NAME: Aviara Land Associates Limited Partnership Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. This application is to request that the City allow the continued use of the Aviara Point Sales Trailer. The proposed use is - temporary in nature and was approved earlier this year as a Planning Director Determination (PCD 93-03). As a condition of this determination, we are now requesting a one year extension. RECEVZD Fr r 11 4k.1 an U a U U a 'a .., U U RcE;VD DEC 2 11994 CITY OF CARLSBAD PLANNING DEPT. Rev. 4/91 ProjDe8c.trm fl 4 Carl DISCLOSURE STATEMENT PUC.NTS SMENT OF CISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APUCATTONS WHI04 WILL :;ECUIRE OISCRETTONAY ACTION ON -r4E PART OF THE C.TY COuC:L OR ANY APPOINTED BOARD. COMMISSION CA COMMITTEE. (Please Pnflt) The following information must be disclosed: 11 Apolicant Ust the names and addresses of all persons having a financial interest in the application. Aviari Lind Aq qnri AtAq Timitd Partnership 2011 Palomar Airport Rd. Suite 206 Carlsbad, CA 92009 2. Owner Ust the names and addresses of all persons having any ownership interest in the property involved. Aviara Land Associates Limited Partnershio 2011 Palomar Airport Rd. Suite 206 Carlsbad., CA 92009 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnersnip interest in the partnership. N/A 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. N/A FRM00013 8/90 2075 Las Palmas (Drtv. • Cartsad. California 92009-4859 • (619) 438-1161 (Over) Disclosure Statement Page 2 S. Have you had more than $250 worth of business transacted with any member of City staff, Ecarcs Commissions, Committees and CouncWwithin the past twelve months? Yes - No X_ If yes. please indicate person(s) Porson is defined as: Any tnCividLasá. firm. copatu.vsiso. jointv.mut.. uaociaOil. soá.à c*uQ. frassmal orqantuDon. cororauon. .staz.. rust. recover. syndicAte, tttts and any oUl.r county. cny and county. coy mwi.csmity. diim or amer poHttcai sèOdiv..On. or any amer grouo or comoin*tlOn actsnq as a unit.' (NOTE: Attach additional pages as necessary.) Owner: Aviara Land Associates Limited Partnership, a Delaware limited partnership Aviara Lid company, a Delaware General D. L. Clens/ Vice President By: 9J / 11 Ted L. Hoover/Assistant Secretary Date: 11/16/93 BY: Republic Deylopment Co., a D. L. Clitei/Vice President By: 0 4 z , Ted L. Hoover/Assistant Secretary Date: 11/16/93 Applicant: Aviara Land Associates Limited Partnership, a Delaware limited partnership BY: Aviara LanAINmpany, a Delaware ratio General Partner By: P. L. C cmexis/Vice President By: )J~ ~ , — Ted L. Hoover/Assistant Secretary Date: 11/16/93 BY: Republic Development Co., a '----,Qad1fbrnia4rp ation, G*eP er v. D. L. Clemens/Vice President By: Q// Ted L. Hoover/Assistant Secretary Date: 11/16/93 PRM00013 8/90 I JU5rUICAflON FOR VARIANCE By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully and explain how the proposed project meets each of these facts. Use additional sheets if necessary. 1. Explain why there are exceptional or extiaordinary circumstances or conditions applicable to the property or to the intended use that do nor apply generally to the other property or class of use in the same vicinity and zone: Exceptional or extraordinary circumstances exist applicable tn thic p -rnj- prQject atmptd ll PA 13 lets without the allowable temporary sales office allowed by Section 21.53.090, was unsuccessful, and now wishes to place the orary office, however, it is now beyond the timeframe stipulated in the Section. 2. Explain why such variance is necessary for the preservation and enjoyment of a substantial property tight possessed by other property in the same vicinity and zone but which is denied to the property in question: The variance is necessary because the PA 13 project has not yet taken advantage of the right to a temporary sales trailer as allowed to all Carlsbad developmnt The pplir i'w wishes to take advantage of this right. 3. Explain why the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located: The proposed sales office will be treated architecturally and temporarily landscaped so no detriment to the public welfare will occur. Sufficient parking along thia prian1t ct -ret frontage is provided. 4. Explain why the granting of such variance will not adversely affect the comprehensive plan: The proposed use is temporary itLnature. Any ti -rm hiynnr1 one year will require additional Planning Commission findings. FRM0004 10/92 e 40 JUSTIFICATION FOR VARIANCE By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully and explain how the proposed project meets each of these facts. Use additional sheets if necessary. 1. Explain why there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone: There exists an exceptional circumstance in the continual use of the Avii -rj Point ciles trailer heriiice the Master Plan development and lot sales are on a significantly longer time scale than a typical subdivision. 2. Explain why such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question: The continued use of the sales trailer is necessary to compete in the existing market, both locally and regionally. Since the trailer opened in May 1994, sales have substantially improved. The applicant wishes to continue to take advantage of the right to a temporary sales triler.. 3. Explain why the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located: The sales trailer is not materially or aesthetically detrimental to public welfare since the temporary sales office is placed on private property, it is a skirted trailer, completely landscaped, complemented with atrollis entry and is accessible to the phically challenged. The sales trailer is located 25 feet from the private sidewalk and Street and therefore, is not injuriqüs toproperty and/or improvements. 4. Explain why the granting of such variance will not adversefy attect the comprehensive plan: The proposed use is temporary in nature. Any term beyond one iear will require additional Planning Commissiciii findings.-- DEC 2 1 1994 FRM0004 10/92 CITY OF PLA*%NG DEPT- -- RECEIVED DEC 2 11994 CITY OF CARLSBAD CrIY OF CARLSBAD PLANNING FT. APPLICATION REQUIREMENTS FOR ADMINISTRATIVE VARIANCE VARIANCE A variance application is required whenever an applicant desires a variance from the requirements of the zoning code. A variance may be approved as an administrative act by either the Planning Commission or the Planning Director. A variance which can be approved by the Planning Director is known as an Administrative variance and is limited to the following: 1. Modification of distance or area regulations, provided such modification does not exceed seventy-five percent of required front, side or rear yards nor exceed ten percent of maximum lot coverage regulations; 2. Modification of the minimum lot width regulation, provided such modification does not result in a lot width less than fifty (50) feet; 3. Walls or fences to exceed heights permitted by the zoning regulations; 4. Modifications to the sign area regulations, provided such modification does not exceed ten percent of the maximum allowed sign area; S. Modifications to the sign height regulations, provided such modification does not exceed ten percent of the maximum allowed sign height. The following materials are required to be submitted with the application except as noted on #7 and8. 1. Completed Variance Justification Form. 2. Eight (8) copies (four (4) copies for Administrative Variance) of a site plan prepared on a 24" x 36" sheet(s) folded to 8 1/2" x 11". The site plan shall include the following information: O A. Name and address of applicant, engineer and/or architect, etc. 0 B. Location, size and use of all easements. O C. Dimensions's and locations of: access, both pedestrian and vehicular, showing service areas and points of ingress and egress, offstreet parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. O D. Distance between buildings and/or structures. O E. Building setbacks (front, rear and sides). O F. Location, height, and materials of walls and fences. FRM0004 10/92 a 40 El G. Location of freestanding signs. H. A summary table indicating the following information (if applicable to the variance): 0 1. site acreage El 2. existing zone and land use El 3. proposed land use O 4. total building coverage O 5. building square footage O 6. percent landscaping O 7. number of parking spaces O 8. square footage of open/recreational space (if applicable) 0 9. cubic footage of storage space (if applicable). ~IZI Eight (8) copies (four [4] copies for Administrative Variances) of the building and N, e(?t floor plans prepared on 24" x 36" sheets folded to 8 1/2" x 11" size. The building 4. and floor plans shall include the following: A. Location and size of storage areas (if applicable) B. All buildings, structure, walls and/or fences, signs and exterior lights. One (1) copy of 8 1/2" x 11" site plan. (Not required for administrative variance.) 5. One (1) copy of 81/2" x 11" location map (suggested scale 200" - vicinity maps on the site plan are not acceptable). Disclosure Statement. Completed "Project Desctiption/Elanation" sheet. FRM0004 10/92 so 40 NOTE: WHEN THE APPLICATION IS TENTATIVELY SCHEDULED TO BE HEARD BY THE DECISION MAKING BODY, THE PROJECT PLANNER WILL CONTACT THE APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP, TWO SETS OF THE PROPERTY OWNERS UST AND LABELS. THE APPLICANT SHALL BE REQUIRED TO SIGN A STATEMENT CERTIFYING THAT THE INFORMATION PROVIDED REPRESENTS THE LATEST EQUALTZ1D ASSESSMENT ROLLS FROM THE SAN DIEGO COUNTY ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD UNTIL THIS INFORMATION IS RECEIVED. 8. Property Owners' List and Addressed Labels A typewritten list of names and addresses of all property owners within a 300 foot radius of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. Two (2) separate sets of mailing labels of the property owners within a 300 foot radius of subject property. For any address other than single family residence, apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. 9. 300 Foot Radius Map A map to scale not less than 1" = 200' showing each lot within 300 feet of the exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. 10. Three (3) copies of the Preliminary Title Report (current within the last six [6] months). Q O'll. Colored Site Plan and Elevation Plan (Not required with first submittal or with Administrative Variances.) It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one(1) copy of a colored elevation to the Planning - Department by Noon eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. 12. Deposit for Publication of Notices - See Fee Schedule for amount. FRM0004 10/92 I Lii IER OF TRANSMITTAL DATE: April 12, 1996 TO: Mike Grim FROM: Pam Whftcomb Hillman Properties West, Inc. 2011 Palomar Airport Road Suite 206 Carlsbad, CA 92009 SUBJECT: Aviara API?1 '2 199 ' WE ARE SENDING: X Enclosed VIA: Mail X Messenger Pick-Up Fax Under Separate Cover FOR: X Your Use Your Review/Comment Your Files Your Information Your Approval DESCRIPTION: 1.) Aviara Point Sales Trailer - PCD Request REMARKS: SIGNED: PLW CC: 2011 PALOMAR AIRPORT ROAD, SUITE 206 CARLSBAD, CALIFORNIA 92009 (619) 931-1190 FAX: (619) 931-7950 AWARA POINT SALES TRAILER V 94-02 çEC- SITE PLAN 4. 233 301 dot 245 287 291 2 292 293 298 297 13, Sly v 268 T TP not 262 2133 204 : 250 21\252.25 ?}?fl? I Ri 1 I 1 9 9 M \ \289 \ 283 282 281 280 279 278 277 270274 273 272 271 270 de N. ;•, . N n :.,. I! 270 89\\ Lot Number Lot Dimensions SITE PLAN IDENTIFICATION KEY PALOMAR AIRPORT Project Site Boundary .AIga Road VIAR /- LA COST, PACIFIC OCEAN BatiquitOS LagO La Costa Ave LEUCACIA LOCATION MAP 00,00 PAtOAfAF#­,*- AFPQR1' iI!"tIII11 • 0 S • • a • • • U • S • • a • • $1! ISIUHI : 0 I I q\ I 1:IuuuuI: SITE L11 10 o fee j a—i 4: iq H Ctt!HQf: skd AVIARA POINT SALE -; - ' H AIRPORT / rT( , *\ BATIQUITO8 LAGOON LA OO8TA DINT SALES TRAILER PCD 93O3xi.•• SITE PLAN +ORTH 268 267 72' 265 Be' 264 13 22 249 Do :6228 A R A so' 269 283 282 281 280 2:9 :78 :77 274 273 272 271 270 233 I ,. / 4 /-' 302 & EM 240\' 77 ft 291 292 293 294 298 297 296 295 17. 77 - • .0 Ile 5270\ Lot Number 1\v'i/\ LoL Dimensions POINT SITE PLAN IDENTIFICATION KEY AVIARA P01 ij: L ES TE ILER 0 9;O3x2 PALOMAR AIRPORT Project Site Boundary t I r Alga \Road Ca IC.) LA COSTA PACIFIC OCEAN Batiquitos Lago La Costa Ave LEUCADIA LOCATION MAP