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Home My WebLink AboutPUD 02-11A; LA COSTA GREENS RECREATION CENTER; Planned Unit Development - Non-Residential (PUD)CITY OF CARLSBAD J LAND USE REVIEW APPLICATIO~ J 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) {FOR DEPARTMENT {FOR DEPARTMENT USE ONLY) USE ONLY) D Administrative Permit -2nd D Planned Industrial Permit Dwelling Unit D Administrative Variance D Planning Commission Determination D Coastal Development Permit D Precise Development Plan ~ Conditional Use Permit ,, D Redevopment Permit '• --·--D Condominium Permit D Site Development Plan D Environmental Impact D Specific Use Permit Assessment D General Plan Amendment D Specific Plan D Hillside Development D =FeAtefr,;e PeFeel Mef:1 Permit Obtain from Engineering Department D Local Coastal Plan Amendment D Tentative Tract Map D Master Plan D Variance D Non-Residential Planned D Zone Change ', Development D Planned Development Permit P ilO DJ.-// rt,) D List other applications·not soecified 2) 3) 4) ~ ASSESSOR PARCEL NO(S).: ;): ( 5 " o, ( , c) q (o{Pr PROJECT NAME: Village§ of La Costa , Community Recreation Cenret L Pr txre.etJS Rec. _.. C.~"- BRIEF DESCRIPTION OF PROJECT: 4,477 square foot Community Recreation Center located within the La Costa Greens Village of the Villages of La Costa Master Plan 5) OWNER NAME (Print or Type) 5) APPLICANT NAME (Print ofType) Real Estate Collateral Management Company Morrow Development ____ _ ·---------, MAILING ADDRESS MAILING ADDRESS 1903 Wright Place, Suite 180 1903 Wright Place, Suite 180 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92008 (760) 929,2701 Carlsbad, CA 92008 GAL OWNER AND THAT ALL THE ABOVE D CORRECT TO THE BEST OF MY I ERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE 0 NE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND President f Morrow Development 7) BRIEF LEGAL DESCRIPTION ~ft~~Orj E BEST OF MY KNOWLEDGE . DATE F d M Arbuckle, DATE President of Morrow Development Lot 4 7 of Map No. CT 99,03, La Costa Greens -Map No. 14543 filed on February 12, 2003 NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITIED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITIED PRIOR TO 4:00 P.M. Form 16 PAGE 1 OF 2 LOCATION OF PROJECT: • None assigned yet. • ~~-=-===-==-=====--'--'=-=-~-S-T-RE-ETAOD_R_E-SS~~~~~~~~~~~ ON THE South SIDE OF Lapis Road (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN Alicante Road AND Amber Lane (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10 10) PROPOSED NUMBER OF LOTS GJ 11) NUMBER OF EXISTING 0 12) PROPOSED NUMBER OF 0 RESIDENTIAL UNITS RESIDENTIAL UNITS · 13) TYPE OF SUBDIVISION I NIA 114) PROPOSED IND OFFICE/ I NIA I 15) PROPOSED COMM I NIAi SQUARE FOOTAGE SQUARE FOOTAGE 1"6) PERCENTAGE OF PROPOSED 'Appro117) PROPOSED INCREASE 0 18) PROPOSED SEWER D PROJECT IN OPEN SPACE INADT USAGE IN EDU 19) GROSS SITE ACREAGE D20) EXISTING GENERAL /RLMI 21) PROPOSED GENERAL I NIAi PLAN PLAN DESIGNATION 22) EXISTING ZONING ~23) PROPOSED ZONING I NIA' 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BECOME NECESSARY FOR MEMBERS OF CITY S FF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS T IN P CT. ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT T IS PURPOSE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED TOTAL FEE REQUIRED DATE FEE PAID Form 16 RECEIVED MAY 2 9 2003 CITY OF CARLSBAD PLANNING DEPT. DATE STAMP APPLICATION RECEIVED ~--~ RECEIPT number PAGE 1 OF 2 ... _~ ...... ~.;.._,_.,. . ' . -" 'I CITY OF CARLSBAD • LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT (FOR DEPARTMENT USE ONLY) USE ONLY) D Administrative Permit -2nd D Planned Industrial Permit Dwelling Unit D Administrative Variance D Planning Commission Determination D Coastal Development Permit D Precise Development Plan [Z] Conditional Use Permit Cu{ Do 3 Olh D Redevopment Permit D Condominium Permit D Site Development Plan D Environmental Impact D Specific Use Permit Assessment D General Plan Amendment D Specific Plan D Hillside Development D =Fe1,~sti11e PsFeel Ms~ Permit Obtain from Engineering Department D Local Coastal Plan Amendment D Tentative Tract Map D Master Plan D Variance D Non-Residential Planned D Zone Change Development D Planned Development Permit D List other applications not ~ specified 2) 3) 4) ASSESSOR PARCEL NO(S).: ef ( 5 " o, f -0 Cf (oJr PROJECT NAME: Villages of La Costa -Commuuit¥:-Becreation Cerifcr LPr &~w.5 Rec. -·· c.~~ BRIEF DESCRIPTION OF PROJECT: 4,477 square foot Community Recreation Center located within the La Costa Greens Village of the Villages of La Costa Master Plan 5) OWNER NAME (PrintorType) Real Estate Collateral Management Company 5) APPLICANT NAME (Print ofType) Morrow Development MAILING ADDRESS MAILING ADDRESS 1903 Wright Place, Suite 180 1903 Wright Place, Suite 180 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92008 (760) 929-2701 Carlsbad, CA 92008 (760) 929-2 701 GAL OWNER AND THAT ALL THE ABOVE I ERTi FY THAT I AM THE LEGAL REPRESENTATIVE OF THE D CORRECT TO THE BEST OF MY O NE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND President f Morrow Development 7) BRIEF LEGAL DESCRIPTION ~ffi~/10 E BEST OF MY KNOWLEDGE DATE DATE President of Morrow Development Lot 47 of Map No. CT 99-03, La Costa Greens-Map No. 14543 filed on February 12, 2003 NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1 OF 2 ' l ~ . , 8) LOCATION OF PROJECT: e None assigned yet. -STREET ADDRESS ON THE South SIDE OF Lapis Road (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN Alicante Road AND Amber Lane (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10 10) PROPOSED NUMBER OF LOTS ~11) NUMBER OF EXISTING 0 12) PROPOSED NUMBER OF 0 RESIDENTIAL UNITS RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION I NIA J 14) PROPOSED IND OFFICE/ J NIA J 15) PROPOSED COMM I NIAj SQUARE FOOTAGE SQUARE FOOTAGE 16) PERCENTAGE OF PROPOSED 1Appro4 17) PROPOSED INCREASE 0 18) PROPOSED SEWER D PROJECT IN OPEN SPACE INADT USAGE IN EDU 19) GROSS SITE ACREAGE D20) EXISTING GENERAL JRLMI 21) PROPOSED GENERAL I NIAi PLAN PLAN DESIGNATION 22) EXISTING ZONING ~23) PROPOSED ZONING I NIA I 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BECOME NECESSARY FOR MEMBERS OF CITY S FF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS T IN P CT. ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT T IS PURPOSE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED TOTAL FEE REQUIRED DATE FEE PAID RECEIVED MAY 2 9 2003 CITY OF CARLSBAD PLANNING DEPT. DATE STAMP APPLICATION RECEIVED RECEIPT number Form 16 PAGE 1 OF 2 e • CHICAGO TITLE COMPANY PRELIMINARY REPORT Reference: GREENS REC CENTER Dated as of: April 23, 2003 Order No.: 33040502-U50 at 7:30AM CHICAGO TITLE 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 in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to In Schedule B and the exceptions and exclusions set forth In the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title Insurance policy and should be carefully considered. It is important to note that this preliminary report Is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS 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. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Visit Us On The Web: westerndivision. ctt.com Title Department: CHICAGO TITLE COMPANY 925 "B" STREET SAN DIEGO, CA92101 (619)544-6233 fax: (619)544-6279 Tom Votel / Ken Cyr TITLE OFFICER PFP ··08/05/99bk ®----- SCHEDULE A Order No: 33040502 USO Your Ref: GREENS REC CENTER 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A DELAWARE CORPORATION 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: LOT 47 OF CARLSBAD TRACT NO. 99-03 LA COSTA GREENS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14543, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 12, 2003. PREA ·10/31/97bk SCHEDULE B Page 1 OrderNo: 33040502 USO Your Ref: GREENS REC CENTER At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: T 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2003-2004 THAT ARE A LIEN NOT YET DUE. A 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. B 3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: SAN DIEGO CONSOLIDATED GAS AND ELECTRIC COMPANY, A CORPORATION AN EASEMENT FOR POLES AND CROSS-ARMS THEREON, AND OF STRINGING AND PLACING UPON SUCH POLES AND CROSS-ARMS WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT AND INCIDENTAL PURPOSES FEBRUARY 16, 1920 BOCK 798, PAGE 241 OF DEEDS LOT 47, AS SHOWN ON MAP NO. 14543 c 4 . AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: RECORDED: REGARDING: JUNE 9, 1983 THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND DAON CORPORATION JULY 29, 1983 AS FILE NO. 83-263566 OF OFFICIAL RECORDS REIMBURSEMENT FOR PUBLIC IMPROVEMENTS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. D 5. AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN PRES -10/31/97bk DATED: BY AND BETWEEN: RECORDED: REGARDING: JULY 20, 1984 THE CITY OF CARLSBAD, A MUNICIPAL CORORATION AND DAON CORPORATION AUGUST 13, 1984 AS FILE NO. 84-307193 OF OFFICIAL RECORDS CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. Page 2 OrderNo: 33040502 USO SCHEDULE B ( continued) Your Ref: GREENS REC CENTER E 6 . AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: RECORDED: REGARDING: JULY 30, 1985 LA COSTA HOTEL AND SPA, A CALIFORNIA GENERAL PARTNERSHIP AND DAON CORPORATION, A DELAWARE CORPORATION SEPTEMBER 12, 1985 AS FILE NO. 85-335690 AND RE-RECORDED FEBRUARY 28, 1986 AS FILE NO. 86-078338, BOTH OF OFFICIAL RECORDS EASEMENT SAID MATTERS PERTAINS TO AN APPURTENANT EASEMENT. F 7 . A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: $150,000,000.00 NOVEMBER 5, 1988 FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP FIRST AMERICAN TITLE INSURANCE COMPANY CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, A NATIONAL BANKING ASSOCIATION NOVEMBER 17, 1988 AS FILE NO. 88-592631 OF OFFICIAL RECORDS H AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WHICH NAMES AS ASSIGNEE: RECORDED: HFC COMMERCIAL REALTY, INC., A DELAWARE CORPORATION ("ASSIGNEE") DECEMBER 6, 1999 AS FILE NO. 1999-0794424 OF OFFICIAL RECORDS r AN AGREEMENT TO MODIFY THE TERMS AND PROVISIONS OF SAID DEED OF TRUST AS THEREIN PROVIDED EXECUTED BY: RECORDED: CONTINENTAL BANK N.A., A NATIONAL BANKING ASSOCIATION AND FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP FEBRUARY 19, 1992 AS FILE NO. 1992-0087549 OF OFFICIAL RECORDS J A SUBSTITUTION OF TRUSTEE UNDER SAID DEED OF TRUST WHICH NAMES AS THE SUBSTITUTED TRUSTEE, THE FOLLOWING PRELIMBC-B/23/B3bk Page 3 SCHEDULE B ( continued) Order No: 33040502 USO Your Ref: GREENS REC CENTER TRUSTEE: RECORDED: AFFECTS: CHICAGO TITLE COMPANY, A CALIFORNIA CORPORATION OCTOBER 3, 2001 AS FILE NO. 2001-0715474 OF OFFICIAL RECORDS THE HEREIN DESCRIBED LAND AND OTHER LAND. BY PARTIAL RECONVEYANCE RECORDED FEBRUARY 14, 2003 AS FILE NO. 2003-0175319 OF OFFICIAL RECORDS, LOT 5 WAS RECONVEYED. x 8 . AN AGREEMENT, AND THE TERMS AND CONDITIONS AS CONTAINED THEREIN DATED: BY AND BETWEEN: RECORDED: JUNE 4, 1993 FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION SEPTEMBER 13, 1993 AS FILE NO. 1993-0599440 OF OFFICIAL RECORDS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. L 9. THE FACT THAT SAID LAND LIES WITHIN THE COMMUNITIES FACILITIES DISTRICT NO. PRELIMBC-9/23/93bk 1, AS DISCLOSED BY INSTRUMENT RECORDED JANUARY 16, 1996 AS FILE NO. 1996-0020168 OF OFFICIAL RECORDS. A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND. DISTRICT: DISCLOSED BY: RECORDED: ASSESSMENT DISTRICT DIAGRAM ANNEXATION AREA NO. 01/20-01, COMMUNITY FACILITIES DISTRICT NO. 1 JUNE 28, 2002 AS FILE NO. 2002-0547701 OF OFFICIAL RECORDS A NOTICE OF SPECIAL TAX LIEN PURSUANT TO SECTIONS 3114.5 OF THE STREETS AND HIGHWAY CODE AND SECTION 53328.3 OF THE GOVERNMENT CODE IMPOSING A CONTINUING LIEN. EXECUTED BY: DATED: PURPOSE: RECORDED: CITY OF CARLSBAD JUNE 26, 2002 COMMUNITY FACILITIES DISTRICT NO. 1 JUNE 28, 2002 AS FILE NO. 2002-0547779 OF OFFICIAL RECORDS Page 4 SCHEDULE B ( continued) Order No: 33040502 USO Your Ref: GREENS REC CENTER M 10. A DOCUMENT ENTITLED "A 1996 PARK AGREEMENT", DATED FEBRUARY 3, 1997 EXECUTED BY CITY OF CARLSBAD, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA AND REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A DELAWARE CORPORATION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MARCH 20, 1998 AS FILE NO. 1998-0152412 OF OFFICIAL RECORDS. N 11. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION AN EASEMENT FOR TO ERECT, CONSTRUCT, RECONSTRUCT, REPLACE, REPAIR, MAINTAIN AND USE SUSPENDED WIRES AND/OR CABLES WITH ALL NECESSARY APPURTENANCES FOR USE IN CONNECTION THEREWITH AS GRANTEE MAY NOW OR HEREAFTER DEEM CONVENIENT OR NECESSARY, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS TO, FROM AND ALONG THIS EASEMENT AND INCIDENTAL PURPOSES JUNE 16, 1998 AS FILE NO. 1998-0366138 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. o THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. P 12. THE FACT THAT SAID LAND LIES IN COMMUNITY FACILITIES DISTRICT NO. 3 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT, PURSUANT TO AMENDMENT TO NOTICE OF SPECIAL TAX LIEN RECORDED OCTOBER 19, 2001 AS FILE NO. 2002-0758808 OF OFFICIAL RECORDS. Q 13. A DOCUMENT ENTITLED "INITIAL AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY", DATED JANUARY 11, 2002 EXECUTED BY CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A DELAWARE CORPORATION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MARCH 1, 2002 AS FILE NO. 2002-0176734 OF OFFICIAL RECORDS. R 14. A NOTICE OF RESTRICTION ON REAL PROPERTY, RECORDED FEBRUARY 12, 2003 AS FILE NO. 2003-0164453 OF OFFICIAL RECORDS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. s 15. THE FACT THAT MAP NO. 14543 DESIGNATES CERTAIN LOTS AS FOLLOWS: PRELIMBC·9/23/93bk LOT 1 AS INDUSTRIAL LOT LOT 2 AS COMMUNITY FACILITY LOT LOT 5 AS PUBLIC PARK Page 5 SCHEDULE B ( continued) OrderNo: 33040502 USO Your Ref: GREENS REC CENTER LOTS 20, 23, 25, 28, 30, 32, 33, 35, 37, 40, 42, 43 AND 45 AS OPEN SPACE HABITAT CONSERVATION PLAN LOTS LOTS 46, ·,4 .. 'i,, 48 AND 49 AS RECREATION LOTS u 16. A DOCUMENT ENTITLED "HOLD HARMLESS AGREEMENT DRAINAGE", DATED DECEMBER 10, 2002 EXECUTED BY REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A DELAWARE CORPORATION, IN FAVOR OF CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MARCH 11, 2003 AS FILE NO. 2003-0270073 OF OFFICIAL RECORDS. v 17. A DOCUMENT ENTITLED "HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE", DATED DECEMBER 10, 2002 EXECUTED BY REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A DELAWARE CORPORATION, IN FAVOR OF CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MARCH 11, 2003 AS FILE NO. 2003-0270074 OF OFFICIAL RECORDS. w 18. A DOCUMENT ENTITLED "HOLD HARMLESS AGREEMENT DRAINAGE", DATED DECEMBER 10, 2002 EXECUTED BY REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A DELAWARE CORPORATION, IN FAVOR OF CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MARCH 11, 2003 AS FILE NO. 2003-0270077 OF OFFICIAL RECORDS. x 19. A DOCUMENT ENTITLED "HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE", DATED DECEMBER 10, 2002 EXECUTED BY REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A DELAWARE CORPORATION, IN FAVOR OF CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MARCH 11, 2003 AS FILE NO. 2003-0270078 OF OFFICIAL RECORDS. Y 20. A DOCUMENT ENTITLED "HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE", DATED DECEMBER 10, 2002 EXECUTED BY REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A DELAWARE CORPORATION, IN FAVOR OF CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED APRIL 1, 2003 AS FILE NO. 2003-0362099 OF OFFICIAL RECORDS. z 21. A DOCUMENT ENTITLED "HOLD HARMLESS AGREEMENT DRAINAGE", DATED DECEMBER 10, 2002 EXECUTED BY REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A DELAWARE CORPORATION, IN FAVOR OF CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED APRIL 1, 2003 AS FILE NO. 2003-0362100 OF OFFICIAL RECORDS. AA 22. ANY CLAIMS FOR MECHANICS' LIENS ON SAID LAND THAT MAY BE RECORDED, BY REASON OF A WORK OF IMPROVEMENT THAT IS DISCLOSED BY A NOTICE OF COMPLETION RECORDED: APRIL 9, 2003 AS FILE NO. 2003-0401453 OF OFFICIAL RECORDS AB 23. A LIEN FOR UNSECURED PROPERTY TAXES FILED BY THE TAX COLLECTOR OF THE COUNTY SHOWN, FOR THE AMOUNT SET FORTH, AND ANY OTHER AMOUNTS DUE. PRELIMBC-9/23/93bk Page 6 SCHEDULE B ( continued) Order No: 33040502 USO Your Ref: GREENS REC CENTER COUNTY: FISCAL YEAR: TAXPAYER: COUNTY IDENTIFICATION SAN DIEGO 2002 REAL ESTATE COLLATERAL MGMT CO NUMBER: 763164 AMOUNT: $908.22 RECORDED: MARCH 21, 2003 AS FILE NO. 2003-0317533 OF OFFICIAL RECORDS Ac 24. A LIEN FOR UNSECURED PROPERTY TAXES FILED BY THE TAX COLLECTOR OF THE COUNTY SHOWN, FOR THE AMOUNT SET FORTH, AND ANY OTHER AMOUNTS DUE. COUNTY: FISCAL YEAR: SAN DIEGO 2002 TAXPAYER: REAL ESTATE COLLATERAL MGMT CO COUNTY IDENTIFICATION NUMBER: AMOUNT: RECORDED: 763165 $94.80 MARCH 21, 2003 AS FILE NO. 2003-0317534 OF OFFICIAL RECORDS AD 25. RIGHTS OF PARTIES IN POSSESSION OF SAID LAND. MATTERS AFFECTING THE RIGHTS OF SAID PARTIES ARE NOT SHOWN HEREIN. AE 26. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. AF END OF SCHEDULE B AG NOTE NO. 1: PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW ARE PAID. FOR INFORMATION PURPOSES THE AMOUNTS ARE: FISCAL YEAR: 1ST INSTALLMENT: 2ND INSTALLMENT: EXEMPTION: CODE AREA: ASSESSMENT NO: 2002-2003 $36,288.53 $36,288.53 $NONE 09070 215-061-09 AR NOTE NO. 2: THIS COMPANY WILL REQUIRE THE FOLLOWING IN ORDER TO INSURE TITLE IN, OR A CONVEYANCE FROM, THE ENTITY NAMED BELOW. PRELIMB0·9/23/93bk NAME: REAL ESTATE MANAGEMENT COMPANY, A DELAWARE CORPORATION A COPY OF THE RESOLUTION OF THE CORPORATION APPROVING THE PRESENT TRANSACTION AND IDENTIFYING THE SUBJECT LAND. Page 7 OrderNo: 33040502 USO AI JP PREUMBC·9/23/93bk SCHEDULE B ( continued) Your Ref: GREENS REC CENTER LOT 12 O'DAY CONSULTANTS, INC. "'This plat iS to: fOIU' aid w ICX*ttng yew fand wfth reference to streets and other ,a.r.. oels,, 'W1rlle thls plat 1s oeueved to be cc,r.. root, the Company usnmes no uabiJjty fer Ut. '"1111 Of.('nrtn11 bv Muo11 ol retiance thereon_•~ CARLSBAD TRACT· No. LA COSTA GREENS lOT .12 N«rJl~-r· 1111.11• MAP No. 6800 LA COSTA MEAOOWS UNIT No. t 99-03 MAP N0. 145·43' SHEET 21 OF 23 SHEETS q· 15' 100' ;;; 200' ,,.· Sff SHffT 17 FOR LOT DATA SCAI!: 1·. 100' CALIFORNIA COORDINATE INDEX NUMBER 338-1689 TENTATIVE MAP C.T. 99-03 CHICAGO TITLE INSURANCE COMPANY Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy expectation of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: * From applications or other forms we receive from you or your authorized representative; * From your transactions with, or from the services being performed by, us, our affiliates, or others; * From our internet web sites; * From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and * From consumer or other reporting agencies. Our Policies Regarding The Protection Of The Confldentlallty And Security Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We may also disclose your Personal Information: * to agents, brokers or representatives to provide you with services you have requested; * to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and * to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right To Access Your Personal Information And Ablllty To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Multiple Products or Services: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. PRIVACYT -06/29/01bk LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) 2. 3. (a) (b) (c) (d) (e) 4. 5. 6. Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, hen or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims or other matters: wh<:>ther or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; resulting in no loss or damage to the insured claimant; attaching or created subsequent to Date of Policy; or resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the lanu or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Reorder Form No. 12699 AMERICAN LAND TITLE ASSOCIATION RESIDENTI_AL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorney's fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to the violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date -unless they appeared in the p1.1blic records • that result in no loss to you • that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. EXCEPTIONS FROM COVERAGE In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Someone claiming an interest in your land by reason of: A. Easements not shown in the public records B. Boundary disputes not shown in the public records C. Improvements owned by your neighbor placed on your land. 2. If, in addition to a single family residence, your existing structure consists of one or more Additional Dwelling Units, Item 12 of Covered Title Risks does not insure you against loss, costs, attorneys' fees, and expenses resulting from: A. The forced removal of any Additional Dwelling Unit, or, B. The forced conversion of any Additional Dwelling Unit back to its original use. if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government regulation. CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE (5/98) EXCLUSIONS In addition to the Exceptions in Schedule.B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building c. Land use e. Land division b. zoning d. improvements on. the Land I. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and Is binding on You If You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; I:!, that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, B.d, 22, 23, 24 or 25. 5. Failure to pay value forYourTitle. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that t. the Land. • Thil Exclusion does not limit the coverag scribed in Covered Risk 11 or 18. .• • AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH AL TA ENDORSEMENT -FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH AL TA ENDORSEMENT -FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a riotice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on th~ rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claima.nt and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustaihed if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above pollcy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not s11own by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. /· , May 29, 2003 · Community Development City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 'ck Henthorn & Associa& 5365 Avenida Encinas, Suite A Carlsbad, California 92008 (760) 438-4090 Fax (760) 438-0981 Subject: La Costa Greens -Community Recreation Center Condition Use Permit Submittal Package Dear Planner: Attached please find the enclosed application and supplemental documentation for a Conditional Use Permit for the development of a Community Recreation Center within the La Costa Greens Village of the Villages of La Costa Master Plan. The 7.7~acre project site consists of two parcels, Lots 34 and 47 of Carlsbad Tract CT 99- 03, Villages of La Costa -La Costa Greens, located at the southwest comer of Lapis Road and Amber Lane. Residential neighborhoods, La Costa Greens Neighborhoods 1.9 and 1.12, are to the north and south of the proposed project, respectively, with Open Space Area l.F immediately to the west.· The enclosed application requests the approval for a 4,477 square foot recreation center. The center will include such amenities as an outdoor events area, workout room, assembly room, barbeque/picnic area and a pool/spa area. The project design follows the standards and guidelines set forth in the Villages of La Costa Master Plan for the La Costa Greens for site design, landscaping and architecture. The proposal is for a pedestrian based community recreation center that will serve the La Costa Greens Village. The proposed facility will meet the common recreation area requirement for Neighborhood 1.9. Due to the centralized location of the recreation center within La Costa Greens Village, the majority of the center's patrons will arrive on foot. In the event that residents choose to drive to the center, on-street parking has been provided along the project's frontage on Lapis Road and Amber Lane. Since the proposed recreation center is satisfying the requirement for Neighborhood 1.9, the parking standards for recreation facilities found in Chapter 4 require that 4 spaces be provided. The current site plan shows 8 parking spaces along Lapis Road and Amber Lane. We have included 5 sets of the site plan, landscape plan and architectural plans for your review along with all the supporting documentation. We have also included for reference the acoustical analysis reports for La Costa Greens Neighborhoods 1.9 and 1.12. -1- , The proposed recreation center does not constitute any significant impacts on the environment that were not previously examined and evaluated in the 'Final Program Environmental Impact Report for the Villages of La Costa Master Plan (2000) MP 98,01 (SCH #1999 011023) certified by City Council October 23, 2001. As a result, the Environmental Impact Assessment Part 1 form has not been included within the enclosed submittal package. As the subject community recreation center is a specifically authorized use in its proposed location under the Villages of La Costa Master Plan (2000) MP 98,01 subject to issuance of a conditional use permit, the environmental analysis required by the California Environmental Quality Act has been satisfied through the prior Certified FPEIR. No material change in the project, significant changed ~ircumstances or material new facts have been identified which would require any further supplemental or subsequent environmental impact report as the Certified FPEIR evaluated the r;mge qf potential impacts for the entire Master Plan project and the City adopted the required Mitigation Monitoring and Reporting Program to assure all impact mitigations will be implemented. If you have any questions or nee·d any additional information, please feel free to contact myself at (760) 438,4090 extension 104 or e,mail me at bennett~i)jhenthorn.com. Sincerely, f)t/- Bry D. Bennett Associate Planner encl. Conditional Use Permit Submittal Package cc: Fred Arbuckle, Morrow Development Lex William, Hunsaker & Associates Glen Brouwer, Burton & Associates file -2- ]HA/BOB/Greens -Rec Ctr • PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: La Costa Greens -Community Recreation Center APPLICANT NAME: Morrow Development 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: The proposed project consists of a Conditional Use Permit to allow the development of a Recreation Center within La Costa Greens of the Villages of La Costa Master Plan. The 7. 7 ~acre project site consists of two parcels, Lots 34 and 4 7 of Carlsbad Tract CT 99~03, Villages of La Costa -La Costa Greens, located at the southwest corner of Lapis Road and Amber Lane. Residential neighborhoods, La Costa Greens Neighborhoods 1.9 and 1.12, are to the north and south of the proposed project, respectively, with Open Space Area 1.F immediately to the west. The enclosed application requests the approval for a 4,477 square foot recreation center. The center will include such amenities as an outdoor events area, workout room, assembly room, barbeque/picnic area and a pool/spa area. The project design follows the standards and guidelines set forth in the Villages of La Costa Master Plan for the La Costa Greens for site design, landscaping and architecture. Please see the attached letter for a further description of the proposed project. Rev. 4191 ProjDesc.fim •city of c!arlsbad I :.j Fi,i ,h ,i·I •J§ ·tia I I ,t§ el I HAZARDOUS WASTE AND SUBSTANCES STATEMENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Wastes and Substances Sites List compiled by the California Enviro~ental Protection Agency and hereby certify that (check one): · [gl The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Morrow Development Address: 1903 Wright Place. Suite 180 Carlsbad, CA 92008 Phone Number: (760) 929~2701 PROPERTY OWNER Name: Real Estate Collateral Management Company Address: 1903 Wright Place, Suite 180 Carlsbad, CA 92008 Phone Number: (760) 929~2701 Address of Site: Southwest Comer of Lapis Road and Amber Lane Local Agency (City and County): City of Carlsbad, County of San Diego Assessor's book, page, and parcel number: _____________________ _ Specify list(s):_N-'-/A __________________________ _ Regulatory Identification Number:_N_/_A ______________________ _ Pr ident of Morrow Development Admin/Cow11er/HazWas1e Pr perty Owner Signature/Date Agent for RECM; Fred M Arbuckle, President of Morrow Development II 1635 Faraday Avenue• Carlsbad, CA· 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ~ 1.1 ----. ~ ~- 1.2~] I. CAMINO VIDA ROBLE .;·I·. ,.. ';, 1.3~' "'.J' I ... CAS~IA RD '1 ,, ,\ ,. ,, /v-- -~/t \ '• ',. \ .. >''). \ \\ . \ ;\ '' 'l \\ . i 1.17 : 1.15 ' :b1.l OPEN SPACE I I I L.....------ 1.7 ,A -· ,,} /· L __ _ VILLAGES OF LACOSTA \ ·. ,'t'lll',r'tr ;, :, ,'I NORTH NOTTO SCALE LA COSTA GREENS -COMMUNITY RECREATION CENTER LOCATION MAP & ASSOCIATES, INC. Prof,uional. '.Il!am1 for CompZ.S Projcr:u July 17, 2001 Mr. Timothy O'Grady Morrow Development E. e. P'' • ng,neermg, ,ann,ng, Environmental Sciences and Management Services 6965 El Camino Real, Suite 105 Carlsbad, CA 92009 Corporate Office: 605 Third Street Encinitas, California 92024 760.942.5147 Fax 760.632.0164 2647-00 Re: Leucadia County Water District (LCJVD) Response to Morrow Development Request For Sewer Availability for The Greens Carlsbad Tentative Parcel CT 99- 03 Dear :rvfr. O'Grady: This letter is an updated sewer availability letter for the subject development, Villages of La Costa, The Greens. This letter supercedes prior correspondence regarding sewer availability for The Greens. The existing LCWD sewer service area is shown on the attached Exhibit A. Sewer service is immediately available for up to 180 Equivalent Dwelling Units (ED Us) associated with the proposed low income housing of neighborhood 1.15 within the existing LCWD sewer service area. p' Sewer service is also inunediately available for up to twenty (20) additio'nal EDUs within any of the other neighborhood areas also currently within the existing LCWD sewer service area and having a completed and accepted sewer system. All LCWD sewers shall be planned, designed, and constructed in accordance with the October, 1999 LCWD Standard Specifications, or most current edition at the time of the activity. · Tentative and Final Maps, Grading Plans, and Improvement Plans must be submitted to the District for review. Tentative map funds have already been deposited to LCWD. Any unused tentative map funds will become available towards additional plan check and inspection deposits and costs required. Following plan check, the developer must enter into a development agreement with the District and make deposits for field inspection and television inspection of all new sewer work. Actual costs may vary depending on the issues encountered during the map review, plan checking, and construction inspection process. Connection fees must be paid after acceptance of sewer construction and prior to house connection. The District assesses connection fees of $3,950 for each EDU within the development. A single Mr. Timothy O'Grady Sewer Availabi/i-tyfor The Greens July 17, 2001 Page2 o/3 family house, condominium, or apartment is one EDU. Please note that connection fees are adjusted on a District-wide basis from .time to time. The District als9 ~sesses an annual sewer service fee last adjusted (reduced) on July 1, 1999 to $155 per residential unit per year;· Annual sewer service charges are also adjusted from time to time by LCWD. Toe project will inc~ease District maintenance requirements. Annual sewer service fees paid by the new residents will cover the additional cost of this increased maintenance including pumping, transmission, treatment, and disposal. LCWD will provide sewer service for up to 410 additional EDUs contingent on the following requirements. 1) Compliance with the same requirements~ as noted above for the first 200 units. 2) Toe LCWD La Costa Greens Trunk Sewer Project (LCGTSP) will have been designed and constructed by LCWD prior to new connections in excess of the 200 connections allowed above. The LCGTSP is currently planned for final design byLCWD before July 1, 2002 and is currently planned for completion of construction prior to July 1, 2003. This project will be financed by existing and future LCWD sewer connection fees. There is no separate required financing of the project by the developer(s). 3) Toe Boundary Adjustment of the City of Carlsbad I LCWD sewer service area, shown in Exhibit B attached hereto, shall be approved by LCWD, the City of Carlsbad, and LAFCO. Any payments for adjustment to future services shall be resolved as part of, or prior to, the LAFCO approval. Toe developer shall be responsible for all processing costs and fees associated with the sewer service area boundary adjustment. 4) The gravity sewer system in Neighborhood 1.12, shown on Exhibit B attached, shall include the offsite re-routing to the new gravity sewer system of flows now tributary to the existing LCWD La Costa Meadows Pump Station No. 1. Other LCWD plan check requirements regarding this item shall apply. 5) Preliminary developer planning of the sewer system for The Greens includes three separate connections to the existing LCWD system. The proposed final connection located about 1 400 feet east of El Camino Real on Alga Road shall be coordinated with LCWD and the ' . final design of the LCWD LCGTSP. The developer shall construct the crossing of Alga Road and the tie-in to the new LCGTSP, as required_ by the LCWD plan check of the sewer improvement plans to be submitted by the developer for LCWD review and approval. Mr. Timothy O'Grady Sewer Availabilityfor The Greens July 17, 2001 Page3 of3 In summary, LCWD is committed to providing sewer service to The Greens in accordance with the above conditions. Please call, if you have any questions. Very truly yours, DUDEK & Associates, fuc. ,#41(/)~'r /Steve Deering, P. E. LCWD District Engineer cc: Mr. Mike Bardin, LCWD General Manager Mr. Frank Reynaga, LCWD Customer Service Ms. Susanne Lockhart, Dudek, Plan Checking Mr. Dexter Wilson, Dexter Wilson Engineering Mr. Clyde Wickham, City of Carlsbad <Che (9reem 0!Jwim (yfub At "Che Orli!!d5cs ef ~ f?os/tf \ cifd/mdll <f2.'50HJ I , Cftmwtk6'M~ s 6a'ttQ7mu fl DOUG L .0. S MAN$ f IE L D ~RCHITE.CT TI 'Che (9reens GtJwim 6>lub At 'Che Willngt;s if ef?.tt 6'11sltt ef?.15/rtin5 eR."!fmd -$-~JJ.ml~girt -e--~ Oi;u,m~ + e?m,fi:l§llfrl!§ 0St.rll5e ,5.r," 6'lllculation bc.r §I 336 C0c:f b., il2 /JS C0c:f ... ?.W #S 2-13 Ci:Jct· 1• O'ti',tl/,,,JtJ1Cl,t,r~f'A.=1I <!!JCCllJ'tillCJJ 6'hsty/c,rt1t111 .:J.-3, 63, G,;2 6'011stntc/1on '0,Wc '<41" W. ~. cfu!/p OS,,vudad R 1> 0 U OLA!, M ,IN 5 PI Is L D An CH IT Et T r r-t -i. +-1--i. + r----1-t---t <--i--~"'*-'--~t___,,u~~'-----l-~~~~?~t~~-~~~~~~;i'~----4~-~-.I * .j. ------- rr:;/ze (9reens 0!Jwim t?lub .&.I 'VittJ Q:l,fhftJ! o/ ef2.tr e7tJJ/t( n, DOU O L, A 1!1 HANSFIELD A a C II IT EC T -1:.!M ,.:~":" .. C-: .. 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SIUICE' rl ~ S,,W,-lO IOflltl.. SUflOS0 Fl.a.I .s-a,..2000 !f. ClMtUE) INTrlNM.S: 1°/!f' 1£Er • JWU'ACnffl) Sl.Q"f' fVrTIOS 9t,u, ti£ VNflla.E (2: J /illlX), 7. F'IHISl£D®teltll£N'fflf»t/lMTCCN.YND5t8.£C'Tn> OioW% AT FINAL to/CH, C08/S1Dfr #11H »£ CITY'S !MJSrNl11JL a,rcewa; CV/Cll.11£$ 8, SOILS l/£r.RIATICN MS CSTAJ..al F'ROl 11£ l'tfl.1111/W./fr 50/lS RCPafT PR£PNCJ 8Y: ct:rx:t:H, 0,4,m-~. ISIH 9, t..NCISCM'IHC ND 711a' Pt • .wm,r; ~ BC l'E1t N CW,.SIMD t..AJDSCAPC .w.t.tW. A>D 71£ Vlf.J.AG:ES tFLA CUSTA JMSWtl'LM. (scr .IMSrot ~ l'f.M Fat nc aEDtS) ID, AU. S1R£ET OCS/CH SWJ. t»Falll Tl> n£ CITY (F ~ CC/CH STN0¥im NZ, AS R£W/fl!D 11'1' »£ CITY ENW*Dr, U, AU.PROl'0$1JIJT'/LIT/t:sSJ¥iU.BCl.f£OICRaH). E:ASDl'.H1$.9W.LI£ ffl0¥/a:t>, R£IOf£D at ll!U:C.OZD AS 1£Aj/116) ll'f 7>I: CITY EH:/IES, Pt..fJI.IC UTIL/T/£:s )H) n£/R N'f'Ra'tfJATr D1S11I/ICTS. LEGftl. DESCRIPTION LA CllS'l'A VIUACE'.S I. ,Z (CT ff.all) UlTS"7•.Mrl'»£C/'NrTCAII.SM>JM:TC,~V/UJ,C(3rl'LA CDS'TA-UcmTll1ttINJIH11£Cl1Yrl'CMI.SMD, CD.Hr'f(FSJ# 0/(l;o, SW£ rf CM..lfaWI', Atl:aOl/oC TOW' H'J 14Sf:J F'ltm IH 11£ '"It:£ rl' 'n£ SW DlcrtJ aun'f Mn,a,t lit l1JlllM,'1 1:1. 2IXll. PUBUC UTILITIES AND DISTRICTS CAS NZI OJX:11tlC •••••••• , ••, SMI 0/Er:O QI$ NG .Q..Q:11f/C CO#'IWI' Tfl.£1'f0£., •••••••••••• , ••••• f'ltCIF'ICEL 1ElE1'la,£ •.t7Zl't ...................... CVk.SSUI WMICll"AI. •um o,m,cr S£'1tOt .. ,, •••• ,,., •••••••••• ,.l.£LCl,O/ACCtNfYlM1DtOJST1t/CT STD'WWIH ................. c,rrc,~ Fa.la:, •• ,.,.,.,.,.,,,, ••• ,. CITYCFCNl.S8"l> SO£Q.S., ••••,,. ••,. ... .. .. S4H MtRa1$ SCHXI. DISTRICT CA8L£ •••.................. N)i)J'H/A OWNER 1l£J/tl.. £STA1£ CCUA1t1Plit. IDIT, CD., A a:t.4M'lt COll"Ot47UW fgQlllf/CHt'Pt.N::£ SUIT£ lllO CW,.SalOCA.'JUJCII (7110)~V'OI APPUCANT """"'-""""" 1PO.Jr/f/Q{Tl'U,CC SU1TC1ll0 CNI.S84DC4.~ (780)Y.S-2701 DATE BY LA COSTA GREENS OMMUNITY RECREATION CENTER VILLAGES OF LA COSTA (LOTS 47 & 34 OF MAP 14543) C1 Of Carlsbad California SHEET OF 3 PLANNING AREA NEIGHBORHOOD 1.9 CUP#XX BOUNDARY DATA ,, ~~·P>IC scr,,_ f'!}l t>l/' Nlff'iM> '41-1 PLANNING AREA NEIGHBORHOOD 1. 12 SEE TENTATIVE MAP NO. CT 02-21 ,d :/ ,-;:r·· -----~ ~: -. ---.. N ,,,,.. .. -.. .,..,,.., " """"" .. .. . " ~.,,. u ,.,,,,. " ..-. PREPARED BY· 11111 HUNSAKER lmJ ~~9f~TE5 LA COSTA GREENS COMMUNl1Y RECREATION CENTER VILLAGES OF LA COSTA (LOTS 47 & 34 OF MAP 14543) c· Of Carlsbad California ~ -,,.,,. ..,, n.,. - nw .,.. 2 OF 3 I~ PREPARED BY IDI HUNSAKER -~~~~:ES -----... -e. .... --- -= -,.,,, ,,,,... ~ - ~ """""' " -'""' ~"' li" ---... u """"' '" SHEET LA COSTA GREENS 3 COMMUNITY RECREATION CENTER OF VILLAGES OF LA COSTA (LOTS 47 & 34 OF MAP 14543) 3 Ci Of Carlsbad California i!o\OJ7&\vt,,\SIP$>,t~i,71,...,-a,-i!OQJ,IJ,~8