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
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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
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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
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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
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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
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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
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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
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SITE
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o fee
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4:
iq
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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