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HomeMy WebLinkAboutRP 85-19A; SEA HORSE INVESTMENTS; Redevelopment Permits (RP) (3)2075 LAS PALMAS DRIVE • z>fgC^ j • TELEPHONE CARLSBAD, CA 92009-4859 Wrf^JfM (619) 438-1161 (Eita 0f (EarlHbab PLANNING DEPARTMENT November 1, 1988 Charles F. Rowe, President California Builders PO Box 142 Carlsbad, CA 92008 SUBJECT: RP 85-19 (A) Preliminary Staff Report The preliminary staff report for the above referenced project will be available for you to pick up on Friday, November 4, 1988, after 8 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on Monday, November 7, 1988. A twenty (20) minute appointment has been set aside for you at 9:00 a.m. If you have any questions concerning your project, you should attend the D.C.C. meeting. It is necessary that you bring your required colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact the Planning Department at 438-1161. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Planning Director By : —- Planning Department AL:MJH\lh A:\DCC\RP8519A.DCC PETER J. LONGANBACH ATTORNEY AT LAW POST OFFICE BOX 8193 RANCHO SANTA FE. CALIFORNIA 92067 TELEPHONE (619) 756-428^ October 5, 1988 Mr. Ron Ball Asst. City Attorney City Attorney's Office City of Carlsbad 120 0 Elm Avenue Carlsbad, CA 92008 RE: Parcel 2 - Carlsbad Boulevard Hotel Dear Ron: Pursuant to your request I am enclosing a current Preliminary Title Report dated October 3, 1988 eliminating, as an exception, the agreement dated May 29, 1980 between Blankenship Development Company and Charles R. Eymann and Alice May Eymann, husband and wife. I am also enclosing a Certificate of Death for John Eymann. If you need any further information, don't hesitate to contact me. Very trilly yours, P^terXjJ. Longanbach PJL:dj cc: Adrienne Landers tiJ IJ H- O o STATE FILE NUMDER CERTIFICATE OF DEATH STATE OF CALiFORNIA LOCAL HEQISTRATION DISTHICT AND CEflTIFlCATE NUMBER on IA. NAME OF DECEDENT FIRST I IB. MiDOLfi John 1 : Eyman September 8,1988 1 1720 3. SEX Male 4. RACE/ETHNICITY 5. SPANISH/HISPANIC NO 6. DATE OF BIRTH August 30, 1897 7. AGE 9 1 YEARS IP IINDER 1 YEAR MONTHS j DAYS IP UNDER 24 HOURS HOURS 1 MINUTES f— 8. BIRTHPLACE OF DECEDENT 00 (STATE OR FOREIGN COUNTRY) . CO t 'IIA. CITIZEN OF V WHAT COUNTRY •USA 9. NAME AND BIRTHPLACE OF FATHER Edward Eyman - IL IIB. IF DECEASED WAS EVER IN MILTTARY GIVE LIATES OF SERVICE. 19 J._a. TO 19_L^ O , 1 S. PRIMARY OCCUPATION ;0^-mer 12. SOCIAL SECURITY NUMBER 553-10-7769 1 6. NUMDER OF YEARS THIS OCCUPATION 40 13. MARITAL STATUS Divorced 17. EMPLOYER (IP SELF-EMPLOYED, SO STATE) Self-employed , 19A. USUAL RESIDENCE STREET ADDRESS (STREET ANO NUMBER OR LOCATION) ' 19B. <C • I 327 Beech Avenue ! 190. COUhfTY UJ San Diego 21 A. PLACE OF DEATH At Home 21C. STREET ADDRESS (STREET ANO NUMBER OR LOCATION) 327 Beech Ave. 19E. STATE California 2IB. COUNTY San Diego 2ID. CITY OR TOWN Carlsbad 2A. DATE OF DEATH (MONTH, DAY. YEAR) I 2B. HOUR I lo. BIRTH NAMH AND BIRTHPLACE OP MOTHER Freda Ortwein - Germany 14. NAME OF SURVIVING SPOUSE OP WIFE. ENTER BIRTH NAME) 18. KiNO OP INDUSTRY OR BUSINESS Onyx and Marble Novelties tse. CITY OR TOWN Carlsbad 20. NAME AND ADDRESS OF INFORMANT—RELATIONSHIP Charles Eyman - Brother 4140 Skyline Road Carlsbad, CA 92008 22. DEATH WAS CAUSED BY: IMMEDIATE CAUSE (ENTER ONLY ONE CAUSE PER LINE FOR A. B, AND C) iJ 'X U UJ o o O oo IJJ a. LJ IjJ o to o u. Q^j^ CONDITIONS, IF ANY, Z' I WHICH GAVE RISE TO j THE IMMEDIATE CAUSE, Q_j STATING THE UNDER- LYING CAUSE LAST. GO I Q '-->'••<:.': n: o on CD r) •—• CTr O OL. — oo 1 DUE TO, OR AS A CONSEQUENCE OF (B) DUE TO, OR AS A CONSEQUENCE OF (C) 23. OTHER SIGNIFICANT CONDITIONS CONTRIBUTING TO DEATH BUT NOT RELATED TO CAUSE GIVEN IN 22A 1^ APPROXI- MATE INTERVAL BETWEEN ONSET AND DEATH 24. WAS DEATH REPORTED TO CORONER? eg> 9-150 25. VOSO) B!0;'SY PERFORMED? nn 26. WAS AUTOPSY PERFORMED? 27. WAS OPERATION PERFORMED FOR ANY CONDITION IN ITEMS 22 OR 237 TYPE OF OPERATION DATE no 28A. I CERTIFY THAT DEATH OCCURRED AT THE HOUR, DATE AND PLACE STATED FROM THE CAUSES STATED. 1 ATTENDED DECEDENT SINCE I 1 LAST SAW DECEDENT ALIVE (ENTER MO. OA. YR.) I (ENTER MO. OA. YR.) Ju-ne 10. iqiM!5LLne."\0. 1S68 29. SPECIFY ACCIDENT, SUICIDE, ETC. URE ANO DEGREE OR TITLE S NAME Afjp ADDRESS 2 2.1 0 M.Q \ I 28C. OATE SIGNED I 280. PHYSICIAN'S UCENSE NUMBER I ^ I Ragsdale, MD sa Dr. #2 Oceanside, CA 92054 30. PLACE OF INJURY 33. LOCATION (STREET AND NUMBER OR LOCATION AND CITY OR TOWN) 31. INJURY AT WORK 32A. DATE OF INJURY MONTH. DAY, YEAR I 32B. HOUR I 34. DESCRIBE HOW INJURY OCCURRED (EVENTS WHtCH RESULTED IN INJURY) 35A. I CERTIFY THAT DEATH OCCURRED AT THE HOUR. DATE AND PLACE STATED FROM 3SB. CORONER SIGNATURE ANO DEGREE OR TTTLE THE CAUSES STATED, AS REQUIRED BY LAW I HAVE HELD AN (INQUEST-INVESTIGATION) ' SSC. DATE SIGNED 36. DISPOSITION Cremation 37. DATE MONTH, DAY. YEAR Sept. 12, 1988 38. NAME AND ADDRESS OF CEMETERT OR CREMATORY 1999 El Camino Real Eternal Hills Crematory, Oceanside, CA 39. EMBALMER'S LICENSE NUMBER ANO SIGNATURE Not Embalmed 40A, NAME OF FUNERAL DIRECTOR (OR PERSON ACTING AS SUCH) Oceanside Mortuary 40B. LICENSE NO, 253 41. ""^^ 42. DATE ACCEPTEO BY LOCAL REGISTRAR SEPO 91988 STATE REGISTRAR A. B. c. D. E. F. Transajj|erica Title Insurance C^^pany 3033 FIFTH AVENUE SAN DIEGO, CALIFORNIA 92103 (619) 296-2000 DATE OCTOBER 3, 1983 ORDER NO, 6003526 CALIFORNIA BUILDERS 2910 JEFFERSON STREET #202 CARLSBAD, CALIFORNIA ATTN: CHARLES ROWE YOUR NO, EYMANN PRELIMINARY REPORT IN RESPONSE TO THE ABQVE REFERENCED APPLICATIQN FQR A PQLICY QF TITLE INSURANCE, TRANSAMERICA TITLE INSURANCE HEREBY REPORTS THAT IT IS PREPARED TQ ISSUE, OR CAUSE TQ BE ISSUED, AS OF THE DATE HEREOF, A POLICY QR POLICIES OF TiTLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS KHICH HAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUHBRANCE NOT SHQ»N OR REFERRED TO A3 AN EXCEPTION BELOM QR NOT EXCLUDED FROft COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORM. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROH THE COVERAGE QF SAID POLICY QR POLICIES ARE SET FORTH IN EXHIBIT -A' ATTACHED. COPIES OF THE POLICY FORHS SHQULD BE READ. THEY ARE AVAILABLE FROH THE OFFICE mm ISSUED THIS REPQRT. THIS REPORT (AND ANY SUPPLEHENTS OR AHENDHENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE GF FACILITATING THE ISSUANCE QF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUHED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUHED PRIOR TO THE ISSUANCE OF A PQLICY QF TiTLE INSURANCE, A BINDER OR CQHHITHENT SHOULD BE REQUESTED. DATED AS OF 30 A.M. SEPTEMBER 26, 19aG LORETTA GRpiNGtR (TITLE'OFFICER) Transai^rica Title Insurance Q#npany THE FORM OR FORMS OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS AN OPTION TO PURCHASE ESTATE CREATED BY THAT CERTAIN OPTION, DATED MAY 29, 1980 AND EXECUTED BY AND BETWEEN CHARLES R. EYMANN AND ALICE MAY EYMANN, HUSBAND AND WIFE AS OPTIONERS, AND BLANKENSHIP DEVELOPMENT CO., A CALIFORNIA CORPORATION, AS OPTIONEE, UPON THE SAME TERMS AND CONDITIONS CONTAINED THEREIN, RECORDED JUNE 12, 1930 A3 FILE NO. 30-137297 OF OFFICIAL RECORDS. THE INTEREST OF SUSAN J. BLANKENSHIP, ALSO KNOWN AS SUSAN J. BECKMAN SUCCESSOR TRUSTEE OF TRUST "A" CREATED UDT JANUARY 26, 1931 WAS ASSIGNED TO PETER J. LONGANBACH AND CHARLES F. ROWE, BY A MEMORANDUM OF ASSIGNMENT OF OPTION AGREEMENT DATED FEBRUARY 26, 1933 AND RECORDED MARCH 4, 1933 AS FILE NO. 83-101040 OF OFFICIAL RECORDS„ SAID OPTION IS SUBJECT TO A LIFE ESTATE RESERVED FOR THE BENEFIT OF JOHN EYMANN. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN; PETER J. LONGANBACH AND CHARLES F. ROWE. PAGE 2 6003526 Transa^rica Title Insurance cShnpany THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, CITY OF CARLSBAD, AND IS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF BLOCK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO AMENDED MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, FEBRUARY 15, 1394, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID BLOCK 5; THENCE NORTH 55°23='25" EAST 115.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 55«23-25" EAST 20.00 FEET; THENCE SOUTH 34«'33-25" EAST 120.00 FEET, THENCE NORTH 55-23^25" EAST 135.00 FEET, THENCE SOUTH 34«33='25" EAST 30.26; THENCE SOUTH 55«26'53" WEST 150.00 FEET; THENCE NORTH 34«33-'"25" WEST 200.10 FEET TO THE TRUE POINT OF BEGINNING. F'AGE 3 6009526 Transar^rica Title Insurance C#npany ON THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSiONS CONTAINED IN SAID POLICY OR POLICIES WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES, a Lien, not yet due and payable. For Fiscal Year: 1933-89 2. GENERAL AND SPECIAL TAXES, as -foi lows: For Fisi-cai Year : 1937-88 First Installment : $152.29 PAID Second Installment: $152.29 PAID Land Value ; $27,376.00 Account No. : 203-172-21 Code Area No. : 09093 3. "THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5, REVENUE AND TAXATION CODE, SECTIONS 75 ET SEQ. 4. EASEMENT, and incidents thereto, In Favor o-f : SAN DIEGO GAS AND ELECTRIC COMPANY Recorded, Official Records: AUGUST 30, 1939 Book/Reel : 949 Pacje/'Image : i~S Purpose : AERIAL AND UNDERGROUND PUBLIC UTILITIES AND PURPOSES INCIDENTAL THERETO Affects : THE ROUTE THEREOF ACROSS SAID LAND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID BLOCK 5, DISTANT THEREON 249 FEET NORTHERLY FROM THE SOUTHWEST CORNER THEREOF; THENCE FROM SAID POINT OF BEGINNING NORTH 55n3- 15" EAST 121.0 FEET TO A POINT HEREINAFTER DESIGNATED AS POINT "A", WHICH POINT IS ALSO THE TRUE POINT OF BEGINNING; THENCE FROM SAID POINT "A" NORTH 55n3-15" EAST, 130 FEET. ALSO FROM SAID POINT "A" SOUTH 23«25-45" EAST TO THE SOUTH LINE OF THE ABOVE DESCRIBED PROPERTY. 5. EASEMENT, and incidents thereto. In Favor of : SAN DIEGO GAS AND ELECTRIC COMPANY Recorded, Official Records: JUNE 5, 1940 B oo k/Reel : 1031 Rage/Image : 385 Purpose : AERIAL AND UNDERGROUND PUBLIC UTILITIES AND PURPOSES INCINDENTAL THERETO Affects : THE ROUTE THEREOF ACROSS SAID LAND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID BLOCK 5 DISTANT THEREON 101 FEET NORTHEASTERLY PAGE 4 6008526 Transajj|erica Title Insurance C^|pnpany FROM THE NORTHEASTERLY RIGHT OF WAY LINE OF THE CALIFORNIA STATE HIGHWAY; THENCE FROM SAID POINT OF BEGINNING SOUTH 34«4iM5" EAST, A DISTANCE OF 152 FEET. 6. AGREEMENT on the terms and canditions contained therein. Purpose : LOT SPLIT IMPROVEMENT AGREEMENT Dated : APRIL 29, 1967 E>:ecuted by: CHARLES R. EYMANN AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION Recorded, Officiai Records: MAY 2, 1969 Series/Instrument No.: 77225 1. EASEMENT, and incidents thereto, In Favor of : RICHARD I. JONES AND LILLIAN J. JONES Recorded, Official Records: MAY 7, 1969 Series/Instrument No.: 79563 Purpose : ROAD AND PUBLIC UTILITIES AND APPURTENANCES THERETO Affects : A STRIP OF LAND 15 FEET IN WIDTH LYING WITHIN BLOCK 5, OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO AMENDED MAP THEREOF NO, 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894, THE NORTHEASTERLY LINE OF SAID 15 FOOT STRIP BEING THE SOUTHWESTERLY LINE OF THAT CERTAIN LAND, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID BLOCK 5, DISTANT THEREON 140 FEET NORTHEASTERLY FROM THE MOST WESTERLY CORNER OF BLOCK 5; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE 60 FEET TO THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN DEED TO CHARLES R. EYMANN, ET UX, RECORDED AUGUST 13, 1963, AS FILE NO. 142211, THENCE SOUTHEASTERLY AL.ONG THE NORTHEASTERLY LiNE OF SAID EYMANN^'::J LAND PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID BLOCK 5, A DISTANCE OF 120 FEET TG T"HE Mf'ST EASTERLY CORNER OF SAID LAND; THEf-U:E S0liT!-ikiE3TERLY ALONG THE SOUTHEASTERLY LINE QF SAJD EYMANN'3 LAND AND THE SOUTHWESTERLY PROLGNGATIGN THEREOi-- PARALLEL WITH THE NORTHWESTERLY LINE OF SAID BLOCK A DISTANCE OF 65 FEET TO A LINE DRAWN FARALLEL tvITH AND 5 FEET SOUTHWESTERLY MEASURED AT RIGHT ANG'.ES TO THE SOUTHWESTERLY LINE 0- EYM^'NN^ S LAND; VHENCE NORTHWESTERLY ALONG SAID PARALLEL LiiNE PARALLEL WITH THE SOUTHWESTLRi./- LINE 0.-- '^AID BLGCK 5, A DISTANCE OF i:,:0 FEE-T TC; -h-iL i^CRTHUE^^TERLY LINE OF SAiD BLO::'^: 5; THENCE NCRT-irA3"ERLV ALONG SAiD NORTH-WESTERLY LlNi: 5 FEET TO THE POINT OF BEGINNING. SAID EASEME rr- ii\ \i>Hm'\Cb AND CCHVE-ED BY VARIOUS DEEDc QF RECORD. ,008526 Transai|^rica Title Insurance C^pany 3- EASEMENT, and incidents thereto. In Favor of : JEFFREY BLANKENSHIP R^GCorded, Official Records: MAY 19, 1980 SJeri es/Instrument No,'. 30-163747 Purpose : ROAD AND PUBLIC UTILITIES AND APPURTENANCES THERETO Affects : ALL THAT PORTION OF BLOCK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUi^iTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO AMENDED MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1394, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID BLOCK 5, THEr-'iCE NORTH 55«23='25" EAST 115.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 55*'23-25" EAST 20.00 FEET; THENCE SOUTH 34«33-35" EAST 120.00 FEET; THENCE SOUTH 55=* 23-'25" WEST 20.00 FEET; THENCE NORTH 34«33--35" WEST 120.00 FEET TO THE TRUE POINT OF BEGINNING. 9. EASEMET'iT, and incidents thereto. In Favor of : SAN DIEGO GAS S< ELECTRIC COMPANY Recorded, Official Records: AUGUST 5, 1932 Ser i es/In str ument No.: 32-240300 Purpose : 1. POLES, WIRES, CABLES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF EL.ECTRICITY 2. COMMUNICATION FACILITIES, AND APPURTENANCES. Affects : THE EASEMENT IN THE AFORESAID LANDS SHALL BE 12.00 FEET IN WIDTH, BEING6.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE MOST WESTERLY CORNER OF THE LAND SURVEYED AND SHOWN ON RECORD OF SURVEY MAP NO. 8648, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, SAID CORNER BEARS SOUTH 55" 18-39" WEST, 95.00 FEET FROM THE MOST NORTHERLY CORNER THEREOF; THENCE LEAVING SAID MOST WESTERLY CORNER SOUTH 60«'22^39" EAST, 221.10 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING NORTH 2S«38-16" WEST, 49.20 FEET. ALSO: BEGINNING AT SAID TRUE POINT OF BEGINNir^iG; THENCE SOUTH 28«33^6" EAST, 2.00 FEET. GRANTOR GRANTS TO GRANTEE THE RIGHT TO ERECT AND MAINTAIN ON GRANTOR^S PROPERTY ADJACENT TO THIS EASEMENT SUCH ANCHORAGE AS MAY BE NECESSARY FOR GRANTEE"S PURPOSES. PAGE 6 6003526 Transa^j^rica Title Insurance Cjjpnpany 10. EASEMENT, and incidents thereto, In Favor of : SEAHORSE ir-'iVESTMENTS, ' A CALIFORNIA GEhiERAL PARTNERSHIP Recorded, Official Records: JULY 9, 1986 Ser i es/ I nst r ument No. : 86-.2S32961 Purpose : ir«iGRESS, EGRESS, RIGHT OF WAY AND UTILITIES Affects : ALL THAT PORTION OF BEECH STREET ADJACENT TO THE NORTHWESTERLY LINE OF BLOCK 5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO AMENDED MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1394, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID BLOCK 5; THENCE NORTH 55019-43" EAST 115.03 FEET ALONG BEECH STREET TO THE TRUE POINT OF BEGINNIhiG. THENCE CONTir^UING NORTH 55«19='4a" EAST, 20.00 FEET; THENCE SOUTHEASTERLY AND AT RIGHT ANGLES WITH SAID BEECH STREET, 20.00 FEET; THEhiCE SOUTHWESTERLY, PARALLEL, AND 20.00 FEET SOUTHERLY OF THE BEECH STREET RIGHT OF WAY, 20.00 FEET; THENCE NORTH 34*'40-12" WEST 20.00 FEET TO THE TRUE POINT OF BEGINNING. 11. EASEMENT, and incidents thereto. In Favor of : SAN DIEGO GAS S< ELECTRIC COMPANY Recorded, Official Records: JUNE 21, 1988 Series/Instrument No.: 83-296533 Purpose : 1. UNDERGROUND FACILITIES AhiD APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY 2. COMMUNICATION FACILITIES, AND APPPURTENANCES. Affects : A STRIP OF LAND, INCLUDING ALL OF THE AREA LYING BETWEEN THE EXTERIOR SIDELINES, WHICH SIDELINES SHALL BE THREE (3) FEET, MEASURED AT RIGHT AhiGLES, ON EACH EXTERIOR SIDE OF EACH AND EVERY FACILITY INSTALLED WITHIN SAID PROPERTY ON OR BEFORE JUNE 6, 1990. 12. THE REQUIREMENT THAT THE FOLLOWING INFORMATION BE SUBMITTED TO THIS COMPANY FOR EXAMINATION BEFORE TITLE INSURANCE CAN BE ISSUED. 1. A COMPLETE COPY OF THE ASSIGNNEr'iT OF OPTION AGREEMENT DATED FEBRUARY 26, 1933 AND MADE R.EFERENCE TO I I'i MEhiORANDUM THEREOF RECORDED MARCH 4, 1938 FILE/PAGE NO. SS-10i')40. 2. A COMPLETE COPY OF THE TRUST AGREEMENT DATiiiD JANUARY 26, 1931 AS DISCLOSED BY MEMORANDl.]rl OF ASSIGNMEN r OF- OPTION AGREEMENT RECORDED MARCH 4, 1938 FJLE/PAGE 3 ?'io 1040. IHAT THE INTEREST OF BLANKENSHIP -jl^.VELOPi'ltrNT A CALIFORNIA F^ACTE 7 6008526 Transaij^rica Title Insurance C^pany CORORATION HAS BEEN PROPERLY TRANSFERED AND/OR PASSED TQ SUSAN J. BLANKENSHIP, SUCCESSOR TRUSTEE OF TRUST "A" UDT JANUARY 26, 1931. 13. INTEREST OF THE SPOUSE, if any, who has or had a codimunity interest because of marriage to: Name: CF-^ARLES F. ROWE 14. INTEREST OF THE SPOUSE, interest because of Name: PETER J. LONGANBACH if any, who has or had a commLinit marriage to: 15. THE EFFECT of instruments, proceedings, liens, decrees or other matters which do not specificaliy describe the property but which may affect the title. The name search and report cannot be completed until we receive a statement of identity From: CHARLES F. ROWE PAGE 3 6003526 _L<£fV\-frDl CHANGES CUT N :» IN V |X 1 i r CHANGES -4 'O 1 CHANGES 1 \ IM'' o r» '\ UJ 3. CHANGES a 6 ^^' CHANGES K V. SAN OIEGO^.««dHTY ASSESSOR'S MAP BK 203 fG 17 MAPPro fOB *SSfSSMFNT PURPOCfS ONIY MAP 1661 - CARLSBAD LANDS - TCTS 96 & 98 MAP 775(3r 535) - TOWN OF CARLSBAD AMENDED - BLKS H. 5 & 10 PRELIMINARY REPORT EXHIBIT A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1988 SCHEDULE B 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: PARTI 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 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 dis-close, 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. 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 or 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 dimen-sions 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) whether or not recorded in the public records at Date of Policy but 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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value forthe insured mortgage or for the estate or interest insured by this policy. 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 the 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. (Continued on Reverse Side) EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOCIATION OWNER S POLICY (6-1-87) AMENDED 10-21-87 and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER S POUCY (6-1-87) AMENDED 10-21-87 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 Dateof 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 arKi not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured urider 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 sustained if the insured claimant had paid value for the estate or interest insured by this policy. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (6-1-87) AMENDED 10-21-87 WITH ALTA ENDORSEMENT-FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (6-1-87) AMENDED 10-21-87 WITH ALTA 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 ttie 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 ttie 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 ttie 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 asto 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. Form No. CA-AG-730 Rev. 8-1-88 PRELIMINARY REPORT EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) 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 building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to 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 public 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. SCHEDULE B EXCEPTIONS In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. 4. Any water rights, claims or title to water in or under the land. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 (AMENDED 10-17-70) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (incliiamg but not iimited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of tne land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy 3. Defects, liens, encumbrances, adverse clainns, or other matters ia) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Compariy and nol shown by the public records but known to the insured claimant either at Date of Policy or at the date such ciaimarit aca-.iired an estate or interest insured bv th;ji policy and not disclosed in writing by the insured claimant to the Company oi io'' to the date such insured claimatit became an insured hereunder, (c) resulting in no loss or damage to the ir'f.i.red c a.ir.ant; (d) attaching or created .subieciLen*^ to Date of Policy; or (e) resulting in loss or damage which wou'd h.ave boon sustained if the insured claimant had paid value for the estate or interest insured by this oolicy Form No 730 7 Rev 5-1-88 Preliminary Report Supplement EXHIBIT A (CONTINUED; AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L TA. EfJDORSEMENT FORM t COVERAGE .AMENDED 10-17-70) EXCLUSIONS FROM COVERAGE """he followirg matte's arn e>;pre;?s'>' axclJzUi'J i'orr the coverage of this policy: 1. Any law, cidiHOprtj or gc\/?'-.r,enta! ' igu'aticn (including but not limi^-od to buildi'ir and zooinc ordinances) rest'ictmg or reguiatioy cr [ifohibitin;; rhe occjpa^: / use or enjoyment of the Sand, or rec;i.i'ating the ciaracter, dimensions c cation ol jpy imoroyemen': oo r/ nereafte'' erected on the land, c prohibiting s ot.'paration in ownership or a reduction .n the dirisnsion.s cr a-ea of thc ianc. or tpe effect of any violation of any such laordinance or governmental regulation. 2. Rights of eminer t donain c: c,: /ernmentj; rights of police power unless notiC'f- • the exercise of such rights appears ir the public records at Date of P. cy 3. Defects liens, ancumbran: ,"3. adverse claims, or other matters (a) C''e: red. suffered, assumed or agreed to by the insureo claimant: (b) r .': known tc the Company and not shown by thf, oublic records but known to the insured ciairrdnt e'ther at Date of Policy or at the date such claimant acquired an esicte or interest insured by this policy or acqiiire'ne insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such injured c ,.=.imar,t became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or macerial or to the extent insurance is afforded herein as to assessments for street improvements under eonstrue- tien or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to compiy with applicable "doing business" laws of the state in which the land is situated. PETER J. LONGANBACH ATTORNEY AT LAW POST OFFICE BOX 8193 RANCHO SANTA FE, CAUFORNIA 92067 TELEPHONE (619) 756-42B4 September 6, 1988 Mr. Charles Grimm Asst. Planning Director City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 RE: Parcel 2 (legal description attached) Dear Mr. Grimm: Pursuant to your request, please find enclosed the following documents: 1. Option to Purchase dated May 29, 1980; 2. Assignment of Option dated February 26, 1988; 3. Memorandum of Assignment of Option Agreement recorded March 4, 1988; and 4. Grant of Easement dated July 11, 1988. If you have any questions regarding the documents, don't hesitate to contact me. Very truly yours. PetLer J. Longanbach End. PJL:dj i U7a RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: PETER J. LONGANBACH P. O. Box 8193 117150 Camino Acampo Rancho Santa Fe, CA 92067 8# 1010^0 I VERAL.l-ViJ-, I MEMORANDUM OF ASSIGNMENT OF OPTION AGREEMENT This is to memorialize that ona>it1jary 2(:> . 1988, SUSAN J. BLANKENSHIP, also known as SUSAN J\ BECKMAN, as Assignor, and PETER J. LONGANBACH and CHARLES F. ROWE, as Assignee, entered into that certain Assignment of Option Agreement, whereby Assignor assigned to Assignee the option to purchase the real property described on Exhibit "A" hereto pursuant to an Option Agreement recorded as Instrument No. 80-187297, records of the San Diego County Recorder, on the terms and subject to the conditions set forth therein. Reference is made to that agreement for further part icul ars.y, . DATED: JaatTary Zip . 1988 "ASSIGNOR": AN J>s.,BpaTKENSH: also known as SUSANS. BECKMAN Successor Trustee of Trust "A" created UDT dated January 26, 1981 "ASSIGNEE": CHARLES F. ROWE 154AGMEM 1179 State of California County of San Diego ) ) ss: ) On February 11, 1988 ^ 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared SUSAN J. BLANKENSHIP, personally know to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. (SealJ WITNESS MY HAND AND OFFICIAL SEAL. OFFICIAL SEAL t „ , MARY K. MACKIN : '^^^^^^ ''UBLIC-CALIFORNIA * " - jy NOTARY BOND FILED IN * SAN DIEGO COUNTY * My Commission Expires August 20 1991 * Notary State of California County of San Diego ) ) ss: ) On February 26. 1988 ^ 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared PETER J. LONGANBACH personally know to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. WITNESS MY HAND AND OFFICIAL SEAL.. (Seal)i OFFICIAL SEAL Vv_...,. '^'-^irtRY BOND FILED IN SAN DIEGO COUNTY State of California County of San Diego ) ) ss ) On February 26, 1988 ^ i988, before me, the undersigned, a Notary Public in and for said State, personally appeared CHARLES F. ROWE personally know to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is ' subscribed to the within instrument and acknowledged to me that he executed the same. WITNESS MY HAND AND OFFICIAL SEAL. (Seal) OFFICIAL SEAL i f%'-J ">!^ MARY K. iVlACKIN >'QrARY PUGLIC-CALirOK^NIA •y tiOlf^RY [iOMO FILED IN Kliij^^V SAN DIECO COUNTY Wy Commiisinn Expi-es Ai.'gust 20. 1991 *****H=* + .1:*.t****!)c***:jrt.*.^*M-:(c*.-)c#;f: ****** 1180 w m LEGAL DESCRIPTIOiN PARCEL 2: ALL THAT PORTION OF BLOCK 5 OF CARLSRAD. m THE CITY OF CARLSBAD, COLRN^TY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO AMENDED MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, FEERUARY 15, 1894, DESCRIBED AS FOLLOWS: COMMENCING AT TliE MOST WESTERLY CORNER OF SAID BLOCK 5; THENCE NORTH 55° 23' 25" EAST 115.00 FEET TO THE TRUE POLNT OF BEGINNING; THENCE CONTINUING NORTH 55° 23' 25" EAST 20.00 FEET; THENCE SOUTH 34° 33' 25" EAST 120.00 FEET. THENCE NORTH 55° 23' 25" EAST 135.00 FEET, THENCE SOUTH 34° 33' 25'' EAST 80.26'; THENCE SOUTH 55° 26' 58" WEST 150.00 FEET; THENCE NORTH 34° 33' 25" V/EST 200.10 FEET TO THE TRUE POINT OF BEGINT^ING. ASSIGNMENT OF OPTION THIS ASSIGNMENT ("Assignment") is made effective as of , 1988, by SUSAN J. BLANKENSHIP also known as SUSAN J. BECKMAN, Successor Trustee of Trust "A" created UDT dated January 26, 1981, (hereinafter referred to as ("Assignor"), to PETER J. LONGANBACH, an individual, and CHARLES F. ROWE INVESTMENT CORPORATION, a California corporation (hereinafter collectively referred to as "Assignee"), and is made with reference to the following facts, which are a material part hereof: RECITALS A. On or about May 29, 1980, CHARLES R. EYMANN and ALICE MAY EYMANN as Optionor granted an option (the "Option") to BLANKENSHIP DEVELOPMENT CO., INC., a California corporation as Optionee, to purchase real property located in the City of Carlsbad, County of San Diego, State of California as per Exhibit "A" attached hereto and made a part hereof. B. The Option was assigned to SAN DIEGO TRUST AND SAVINGS BANK, as Successor Trustee for Trust No. 138-6164, by Assignment of Option dated October 8, 1984. C. The Option was further assigned to SUSAN J. BLANKENSHIP, Successor Trustee, by Assignment of Option, dated September 8, 1986. D. Assignor desires to assign all her rights, title and interest in said Option to Assignee. E. Optionor has agreed to consent to the proposed assignment on the conditions set forth in this agreement. THEREFORE, it is agreed by and between the parties as follows: TERMS AND CONDITIONS 1. Transfer. In consideration of the sum of Thirty Thousand Dollars ($30,000.00) ("Purchase Price"), Assignor hereby grants, transfers and assigns to Assignee all of Assignor's right, title and interest in and to the Option. The Purchase Price shall be payable as follows: Ten Thousand Dollars ($10,000.00) cash upon execution of this agreement; and the balance pursuant to the terms and conditions of a promissory note in the form and content of Exhibit "B" hereto. Concurrently with the execution of this agreemenf. Assign^ shall execute and deliver such note to Assigned, kJ^ 154AGASP M (l-^/l -1- 2. Further Consideration; Indemnification. As further consideration for the transfer of the Option, as described in Paragraph 1 above. Assignee agrees to indemnify and hold Assignor harmless of and from any and all claims, demands, actions, causes of action, of any kind or nature whatsoever, arising out of or in any way relating to any claim to the Option or to the property that is the subject of the Option that may be asserted by that certain individual known as DAVID DOMINGUEZ. 3. Successors and Assiqns; Construction. This Assignment applies to, inures to the benefit of and binds all parties hereto, their heirs, legatees, devisees, administra- tors, executors, successors and assigns. In this Assignment, whenever the context so requires, the masculine gender includes the feminine or neuter, and singular number includes the plural, and conversely. 4. Approvals and Notices. Any approval, disapproval, demand, document or other notice ("notice") which either party may desire to give to the other party must be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested, to the party to whom the notice is directed at the address of the party set forth below, or at any other address as the parties may later designate: To Assignor: SUSAN J. BLANKENSHIP 3372 Donna Drive Carlsbad, CA 92 008 To Optionor: CHARLES R. AND ALICE MAY EYMANN To Assignee: PETER J. LONGANBACH P. O. Box 8193 Rancho Santa Fe, CA 92067 To: CHARLES F. ROWE INVESTMENT CORPORATION P. 0. Box 14 Carlsbad, CA 92009 Attn: Charles F. Rowe Any notice given under this paragraph, whether personally or by mail, shall be deemed received only upon actual receipt by the intended party. 154AGASP -2- 5. Severability. In case any one or more of the provisions contained in this Assignment shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision hereof, and this Assignment shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6. Reversion of Option, In the event that Assignee fails to exercise the Option, the right to exercise the Option shall automatically revert to Assignor who shall have the right to exercise the Option within the stated option period. 7. Acceptance of Assignment. The undersigned hereby accepts the foregoing Assignment. 8. Consent to Assignment. Optionor consents to the assignment and waives any and all restrictions concerning further assignment. ASSIGNOR: S AN^O BLANKENS^I P, '"^I SUSAN J. BECKMAN Successor Trustee of Trust "A" created UDT dated January 26, 1981 ASSIGNEE: ETER \J. LONGANSACH CONSENT OF OPTIONOR; CHARLES R. EYMA! KN ALICE MAY E BlANN CHARLES F. ROWE INVESTMENT CORPORATION, a California ^corporation CHARLES F. ROWE, President 154AGASP -3- LEGAL DESCRIPTION PARCEL 2: ALL THAT PORTION OF BLOCK 5 OF CARLSBAD. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNLA, ACCORDING TO AMENDED MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, FEBRUARY 15, 1894, DESCRIBED AS FOLLOWS: COMMENCING AT TliE MOST WESTERLY CORNER OF SAID BLOCK 5; THENCE NORTH 55° 23' 25" EAST 115.00 FEET TO THE TRUE POLNT OF BEGINNING; THENCE CONTINUING NORTH 55° 23' 25" EAST 20.00 FEET; THENCE SOUTH 34° 33' 25" EAST 120.00 FEET, THENCE NORTH 55° 23' 25" EAST 135.00 FEET, THENCE SOUTH 34° 33' 25" EAST 8o'.26'; THENCE SOUTH 55° 26' 58" WEST 150.00 FEET; THENCE NORTH 34° 33' 25" WEST 200.10 FEET TO THE TRUE POINT OF BEGINNING. NON-NEGOTIABLE PURCHASE MONEY PROMISSORY NOTE Principal Sum: $20,000 Carlsbad, California , 1988 1. Promise to Pay. For value received, the undersigned ("Maker") promises to pay to SUSAN J. BLANKENSHIP, also known as SUSAN J. BECKMAN, Successor Trustee of Trust "A" created UDT dated January 26, 1981, ("Holder"), at 3372 Donna Drive, Carlsbad, California 92008, or such other place as Holder may from time to time designate in writing, the principal sum of Twenty Thousand Dollars ($20,000.00), with interest on the unpaid principal balance of this Note at the rate of ten percent (10%) per annum. 2. Terms of Pavment. Interest only will be payable quarterly, commencing on April 1, 1988, and continuing on the first day of every July, October, and January thereafter. On the third anniversary of the date of this Note, the entire unpaid balance of this Note shall be due and payable. 3. Default. At the option of Holder, without notice, and regardless of any prior forbearance, all sums remaining unpaid under this Note shall become immediately due and payable upon the occurrence of a default by Maker under this Note. The occurrence of any of the following events shall constitute a default by Maker under this Note: (a) Maker's failure to make any payment when due under the terms of this Note; (b) the filing of a petition in bankruptcy by, or the initiation of any proceeding under any bankruptcy or insolvency law against the Maker; or (c) the making of a general assignment for the benefit of creditors by Maker. All rights and remedies of Holder provided for in this Note are cumulative and shall be in addition to all other rights and remedies provided by law or equity. 4. Prepayment. Maker reserves the right to repay this Note at any time, in ' whole or in part, without penalty. 5. Costs and Attorneys' Fees. If this Note is not paid when due, or any default described in Paragraph 3 above shall occur, or any dispute arises regarding the 154LOPNT -1- interpretation of this Note, Maker hereby promises to pay all costs of collection, including, but not limited to, reasonable attorneys' fees, incurred by Holder to enforce the terms and conditions of this Note. 6. Successors; Joint and Several Liabilitv; Captions; Miscellaneous. The covenants and agreement contained in this Note shall bind, and the rights under this Note shall benefit the respective successors and assigns of Holder and Maker. Diligence, demand, presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors and endorsers of this Note. This Note shall be the joint and several obligation of all makers, sureties, guarantors, and endorsers, and shall be binding upon them and their heirs, personal representatives, successors and assigns. The captions and headings of the paragraphs of this Note are for convenience only and are not to be used to interpret or define the provisions of this Note. This Note shall be governed by and construed in accordance with the laws of the State of California. 1• Severability. If any provision or provisions of this Note are held to be invalid, illegal or unenforceable in any respect, this Note shall be construed as not containing such provision or provisions and all other provisions under this Note shall remain in full force and effect, and to this end the provisions of this Note are declared to be severable. 8. Notices. Any notice to Maker provided for in this Note shall be deemed given when mailed by regular mail addressed to Maker at the address stated below, or to such other address as may then appear for Maker on the records of Holder. Any notice to Holder shall be given by mailing such notice by certified mail, return receipt requested, to Holder at the address stated in the first paragraph of this Note, or at such other address as may have been designated by written notice to Maker. 9. Purchase Money Note; Acceleration; Cancellation. This Note represents a portion of the consideration paid by Maker to Holder for the assignment by Holder to Maker of Holder's rights to an option to purchase certain real property located in I Carlsbad, California (the "Option"). Notwithstanding anything contained in this Note to the contrary, the entire unpaid balance of this Note, including any accrued and unpaid interest, shall be due and payable when Maker exercises the Option. In the event Maker elects not to exercise 154LOPNT -2- the Option and Holder exercises the Option pursuant to its rights under the Assignment of Option, Holder shall immediately surrender this Note to Maker and this Note shall be cancelled. Address for Notice: P. O. Box 8193 Rancho Santa Fe, CA 92067 PETER I LONGANBACH Address for Notice: P. 0. Box 14 Carlsbad, CA 92008 CHARLES F. ROWE INVESTMENT CORPORATION, a California corporation CHARLES F. ROWE, President CHARLES F. RQsi:, Individually 154LOPNT -3- 1110 JUL 0 9 1980 Recording requested by: When recorded, mail to JEFFRT^ BLAtlCTSHIP P.O. Box 1307 Carlsbad, CA 92003 /)^c o yrf 0O/9 r/OA/ OPTION 80-187297 BOOK 1980 RECORDED REQUEST 06 mf\m TITLE ca JUN 12 8:00 AM'80 OFRCiM: RECORDS SAN DiEGO COUNTY, CAUC yERAtLLTLfi>y RECORDER/Vf^ THIS AGREEMENT, made this 29th day of May, 1980 1980, by and between BLANKENSHIP DEVELOPMENT CO., a California Corporation, hereinafter referred to as "BLANKENSHIP", and CHARLES R. EYMANN and ALICE MAY EYMANN, husband and wife, here- inafter referred to as "EYMANNS". RECITALS : A. EYMANNS, as community property, own certain real pro- perty situated in the City of Carlsbad, County of San Diego, State of California, more particularly described in Exhibit "A" which is attached hereto and hereby incorporated by reference. B. BLANKENSHIP has examined such real property and, being acquainted therewith, hereby desires to obtain from EYMANNS the right, option and privilege to purchase the real property upon the terms and conditions provided herein. C. EYMANNS desire that Mr. Charles R. Eymann's brother, JOHN EYMANN, have the right to reside on the property for the remainder of his natural life, or for such time as he may desire to reside on the property, should that be for a shorter period of time. - 1 - nil NOW, THEREFORE, the parties hereto agree as follows: 1. For and in consideration of the sum of One Hundred Dollars ($100.00) paid by BLANKENSHIP to EYMANNS, receipt of which is hereby acknowledged by EYMANNS, EYMANNS hereby grant to BLANKENSHIP the right, option and privilege to purchase the real property for a period of ninety (90) days commencing on the date that EYMANNS notify BLANKENSHIP in writing that one of the following events has occurred: (a) That JOHN EYMANN has died; or (b) That JOHN EYMANN has vacated the property and does not intend to return. 2. The purchase price shall be the sum of Twenty Thousand Dollars ($20,000.00), payable in cash. The parties agree to open an escrow at a mutually acceptable escrow company and said escrow shall run for a period not to exceed sixty (60) days. Escrow shall be opened within ten (10) days of the date that BLANKENSHIP notifies EYMANNS of its intent to exercise the option to purchase herein. BLANKENSHIP's notification must take place in writing within ninety (90) days of the date of notification by EYMANNS that JOHN EYMANN has died or has vacated the property and does not intend to return. I 3. Exercise of Option. In the event BLANKENSHIP desires to exercise this option, BLANKENSHIP shall do so by giving signed, written notice to EYMANNS on or before the expiration date of the term of this option (ninety days from the notifica- tion by EYMANNS of the date or vacation of the property by JOHN EYMANN). - 2 - 1112 4. This agreement shall inure to the benefit of both par- ties, their heirs, executors, administrators or other personal representatives of his estate, and this agreement and the obliga- tions herein shall be binding on the principal parties and their heirs, executors, administrators or other personal represen- tatives of their estates. 5. If any legal action is brought for the enforcement of this option, or because of .an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this option, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. IN WITNESS WHEREOF, the parties hereto have executed this option on the day and year first above written. - cn .... * BLANKENSHIP DEVELOPMENT Cpf^' c\'^V:f A California Corporationc^" ALICE YMAN 3 - 1113 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) On , before me, the undersigned, a Notary Public in and for said County and State, per- sonally appeared JEFFREY BLANKENSHIP known to me to be the President of the corporation that executed the within Instrument, known to me to be the person who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its Bylaws or a resolution of its Board of Directors. OFFICIALr^.EAL JAMES L. CLAiJGON ( NOTARY PUBLIC - CALIFORNIA ^ SAN DIEGO COUNTY \ My comm. expiras CCF 3, 1280 C tary Public in and for said County and State STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss On , before me, the undersigned, a Notary Public in and for said County and State, per- sonally appeared CHARLES R. EYMANN and ALICE MAY EYMANN , known to me to be the persons who executed the within instrument, and acknov/ledged to me that they executed the same. OFFICIAL SEAL JAMES L. CLAUSON NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expires OCT 3, 1980 ry Public in a.n^ for said County and State - 4 _ 1114 .'"^ LEGAL DESCRIPTION PARCEL 1: ALL THAT PORTION OF BLOGK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNLA, ACCORDING TO AMENDED MAP THEREOF NO. 775. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, FEBRUARY 15, 1894, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID BLOCK 5, THENCE NORTH 55° 23' 25" E 20.00 ALONG BEECH AVENUE TO THE TRUE POINT OF BEGINNING; THENCE CONTIMUING NORTH 55° 23'.25" EAST 95.00 FEET; THENCE SOUTH 34° 33' 25" EAST 200.10 FEET; THENCE NORTH 55° 26' 58" EAST 100 FEET MORE OR LESS TO THE NORTHWEST CORNER OF THE PORTION OF SAID BLOCK 5 CONVEYED BY C. B. BRENNERMAN TO HELEN R. KNOWLES BY DEED DATED FEBRUARY 17, 1899 AND RECORDED IN BOOK 276, PAGE 200; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LAND : CONVEYED TO KNOWLES FOR A DISTANCE OF 200 FEET TO THE SOUTHEASTERLY LINE OF SAID BLOCK 5; THENCE SOUTHWESTERLY ALONG SAID SOUTHESTERLY LINE 100 FEET; THENCE NORTHWESTERLY AT RIGHT ANGLES TO SAID SOUTHEASTERLY LINE 100 FEET;- THENCE SOUTHWESTERLY 115 FEET MORE OR LESS TO A POINT ON THE SOUTHWESTERLY LINE OF SAID BLOCK 5 WHICH IS 100 FEET NORTHWESTERLY FROM THE MOST SOUTHERLY CORNER OF SAID BLOCK 5; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE 100 FEET; THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID SOUTHWESTERLY LINE 20 FEET TO THE MOST SOUTHERLY CORNER OF PARCEL NUMBER 2 OF CITY'OF CARLSBAD LOT SPLIT MAP NUMBER 71 , RECORDED FEBRUARY 20, 1969 AS DOCUIvIENT NUMBER 3364; THENCE NORTH 34° 33' 00" WEST 200.00 FEET TO THE TRUB POINT OF BEGINNING. LEGAL DESCRIPTION PARCEL 2: ALL THAT PORTION OF BLOCK 5 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNLA, ACCORDING TO AMENDED MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, FEBRUARY 15, 1894, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID BLOCK 5; THENCE NORTH ' 55° 23' 25" EAST 115.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 55° 23' 25" EAST 20.00 FEET; THENCE SOUTH 34° 33' 25" EAST 120.00 FEET. THENCE NORTH 55° 23' 25" EAST 135.00 FEET, THENCE SOUTH 34° 33' 25" EAST 80.26'; THENCE SOUTH 55° 26' 58" WEST 150.00 FEET; THENCE NORTH 34° 33* 25" WEST 200.10 FEET TO THE TRUE POINT OF BEGINNING. 1115 —aA5/5 OF BBARitiQS BmriNB PRIVATE 8CAO^ UnLCTY BASB^BNTS/^ V) r/4X iAss^s5o;?'s PARCELS ASSESSOR'S PARCBL 2^^/7^-/9- moSKYLlNBRO. CARL9BADjQA.92oo8 729-0^7 ASSBSSOR'S PARCifL 2Pe>'P7Z'l3 JBFFRSy BLANKBNSHIP RO.Box/307 CARLSaAI>^CA. 92ooa 424''I05I WILUAM DAVID DOMlNeUBZ 2.755J£F^BRSON sr. CARLSBAD^ CA, 92oo8 729-0936 CEDAR AVE. LEGAL DESCRIPTION A PORTION OF BLOCK ^ OP CARLSBAP^ /NT^BCITY CFCARL^^AO, COUNT/ OFSAN DiBQO, STATB OF CALIFOPNIA/ ACCORDiyJG TO AMBNDBD MAP TUBRBOF NO. 775^ FILBO IN THB OFFICE OF TNE COUNTY LEGEND NEW PROPBRTY UNI Ey^iSTINQ PROPBRTY UNS EX.lSriNG STREET ^ ES/STING BUILPIMO RECORDER OF SAID BAN DIEGO CCUNT/^ PEBRUARY (3^ (894 FOUND MONUMBNT BASIS OF BEARINGS VL LINE OF PARCEL i OF LOT SPUT MAF NO. 7/ I.E. N34'33'2e"W ADJUSTMBNr PLAT- C/TV OP CAPLSBAD MO. ADJ 179 REQUESTED BV: . 7 (j( ^J-fREY BLANKBNSI^IP \ P.O.BOX 1^7 434'i05l PREPARED BY- FRSPSRICK M 2f90CA<^'^B. aie^o.^cA, 'J3'0488 APPROVBD BY'- OTY BNQINEER REG. NO, 5--^-g^CACT/A/(S) DATE '"'y.O. DRAWING REFERENCE NO. ^ sr/?5£^r___: SEiVER WATER RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: PETER J. LONGANBACH P.O. Box 8193 17150 Camino Acampo Rancho Santa Fe, CA 92 067 GRANT OF EASEMENT CHARLES R. EYMANN (referred to hereinafter as "GRANTOR"), the owner of certain real property described on Exhibit "A" hereto ("GRANTOR'S PROPERTY"), hereby grants to PETER J. LONGANBACH, an individual, and CHARLES F. ROWE INVESTMENT CORPORATION, a California corporation (collectively referred to hereinafter as "GRANTEE"), its successors and assigns, an easement for the following purposes: 1. PARKING EASEMENT An easement for the construction, maintenance and exclusive use of each and all of the parking spaces on GRANTOR'S PROPERTY, which parking spaces shall be indicated by striping or shall be otherwise marked. GRANTEE'S rights to construct and maintain parking spaces hereunder shall be effective immediately. Notwithstanding the foregoing, no actual use of the easement for purposes of parking shall be instituted by GRANTEE or its assigns unless and until the Carlsbad Boulevard Hotel, located adjacent to GRANTOR'S property, has received a Certificate of Occupancy. 2. EASEMENT FOR INGRESS AND EGRESS AND TRAFFIC CIRCULATION A perpetual and nonexclusive easement for ingress and egress over and upon the designated traffic circulation patterns as established from time to time upon GRANTOR'S PROPERTY for the sole purposes of vehicular and pedestrian ingress and egress and traffic circulation to and throughout GRANTOR'S PROPERTY. ' 3. DISCHARGE OF RIGHTS AND OBLIGATIONS An easement over GRANTOR'S PROPERTY for the purpose of permitting the GRANTEE and others to discharge their rights and obligations as described in this Grant of Easement. GRANTEE and its successors and assigns and agents and employees, shall have 154AGEAS -1- the right of ingress to and egress from said easements and every part thereof, at all times, for the purpose of exercising the rights herein granted and shall have the right to remove such growth as may endanger or interfere with the use of said easement. Such rights shall be reasonably exercised and the GRANTEE shall be liable to GRANTOR for any damage negligently done by it to GRANTOR'S PROPERTY. |4. SERVIENT ESTATE Each easement granted or reserved pursuant to the provisions hereof is expressly for the benefit of GRANTEE and the GRANTOR'S PROPERTY shall be a servient estate and each such easement shall run with the land and shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. Said easements are more fully described on Exhibit "B" attached hereto and by this reference made a part hereof. 5. ASSIGNABILITY OF RIGHTS GRANTEE shall have the right, but not the obligation, to assign all or any portion of its rights under this Grant of Easement to third parties, including, without limitation, the owner of the land adjacent to the GRANTOR'S PROPERTY. 6. INDEMNIFICATION GRANTEE shall indemnify, defend and hold GRANTOR harmless from and against all claims, loss, liability, damage or expense (including, without limitation, attorneys' fees) arising from or relating to GRANTEE'S use of the easements and/or entry onto GRANTOR'S PROPERTY. IN WITNESS WHEREOF, the parties have executed this instrument this // day of CfuU/ , 1988. GRANTOR: ^HARLFS R. EYMANN/ CHARLES R. EYMANN GRANTEE: ^ PETER^O LONGANBACl CH L CHARLES^F. ROWE INVESTMENT CORPOiyi^rpN^ , a Caaifprni^^'fc^ By: CHARLES F. ROWE, President 154AGEAS -2- LEGAL DESCRIPTIOiN PARCEL 2: ALL THAT PORTION OF BLCCK 5 OF CARLSE^D. IN THE CITY OF CARLSE^D, COUNTS' OF SAN DIEGO, STATE OF CALIFORNLA, ACCORDING TO AMENDED iMAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, FEBRUARY 15, 1894, DESCRIBED AS FOLLOWS: COMMENCING AT TOE MOST WESTERLY CORNER OF SAID BLOCK 5; TOENCE NORTH 55° 23' 25" EAST 115.00 FEET TO TOE TRUE POLNT OF BEGINNING; TOENCE CONTINUING NORTH 55° 23' 25" EAST 20.00 FEET; TOENCE SOUTH 34° 33' 25" EAST 120.00 FEET. THENCE NORTH 55° 23' 25" EAST 135.00 FEET. TOENCE SOUTH 34° 33' 25" EAST 8o!26'; THENCE SOUTH 55° 26' 58" WEST 150.00 FEET; THENCE NORTH 34° 33' 25" WEST 200 10 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT "B" EASEMENTS (To Be Attached) state of California County of On / tU^uX^ ) ) ss: ) 1988, before me, the undersigned, a Notary Public in arid for said State, personally appeared CHARLES R. EYMANN personally know to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. WITNESS MY HAND AND OFFICIAL SEAL. Notary Public (Seal) state of California County of S/l/^ ^i^0c^ ) ) ss: On /I 1988, before me, the undersigned, a Notary Public in ahd for said State, personally appeared PETER J. LONGANBACH personally know to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. WITNESS MY HAND AND OFFICIAL SEAL. (Seal) ?*****••**•*••*•••••••••**»**••»**•» OFFICIAL SEAL BARBARA j. THOMPSON NOTARY PUBLIC-CALIFORNIA NOTARY BOND FILED IN SAN DIEGO COUNTY My Commission Expires October 23 IS89 m Notary Publi State of California County of <^p97J^ie^<c) ) ) ss: ) On _//_, 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared CHARLES F. ROWE personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as President and Secretary, on behalf of CHARLES F. ROWE INVESTMENT CORPORATION, a California corporation, the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS MY HAND AND OFFICIAL SEAL. (Seal) \ BARBARA J. THOMPSON X feS^^ NOTARY PUBUC-CAL FORNIA • • • * * NOTARY BOND FILED IN SAN DIEGO COUNTY * • * * Notary Public 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009-4859 June 10, 1988 Charles Rowe California Builders P.O. Box 142 Carlsbad, CA 92008 TELEPHONE (619) 438-116 QlitQ of (UntlBbnh PLANNING DEPARTMENT Dear Mr. Rowe: With reference to our letter of May 10, we need the information on the attached list in order to complete your application submittal. Until this information is received your application cannot be processed. If you have any questions, please call me at 438-1161. Sincerely, MURRAY FULFORD ' Assistant Planner MF/af c: Chris Salomone LIST OF ITEMS NEEDED TO COMPLETE APPLICATION: An amendment to an existing plan requires a complete submittal for review. To make this submittal complete, please supply 15 copies of the following: a) Site plan, including additional parking area. b) Elevations, showing requested changes to window treatments, and existing grade elevations. c) Revised underground parking area with spaces marked. To avoid a confusion of plans, please submit this material in a complete plan set which includes revised floor plans. Issues 1. Required Parkinq: a) Original plan was approved with parking ratio of 1.2 spaces per room. (See attached). b) New parking required as follows: 88 rooms @ 1.2:1 105.6 Commercial @ 1:300 sq. ft. (9198.3 sq. ft.) 30.6 Total Required = 137 2. New Parkinq Lot: a) Additional parking area to provide the required spaces must be secured by a lease in perpetuity or an easement that runs with the land. b) It appears from plan that current owner cannot use his garage, which makes the house non-conforming. Parking area must allow clear access to the garage. c) Parking spaces may not back into access driveway. d) If additional parking area is for guests, it must be integrated with existing parking and access to hotel, and shown on plan. If it is for employees only, signage must be included. 3. Elevations Elevations should reflect changes to window treatment as previously requested and approved. RP 85-19(A) (Continued) 5. Enqineerinq Department Show all revisions to drive and underground parking, per conversation Dave Hauser/Charlie Rowe May 5. Note: Proposed amendment project, as well as approved project, must conform to City standards regarding off-street parking and building height requirements in order to qualify for a Coastal Development Permit. MF:af -2- 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009-4859 TELEPHONE (619) 438-1161 (EttQ of (EarlHbaii PLANNING DEPARTIVIENT May 10, 1988 C. Rowe, President Carlsbad Boulevard Hotel General Partnership P.O. Box 142 Carlsbad, CA 92008 The Planning Department of the City of Carlsbad has reviewed your Amendment to Redevelopment Permit, application no. RP 85-19(A), as to its completeness for processing. The subject application is incomplete, as submitted. Attached is a list of information which must be provided to complete your application. You should be aware that no processing of your application can occur until it is determined to be complete. Please contact Murray Fulford, at (619) 438-1161, if you have questions or wish to obtain additional information. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:MF/af c: Charlie Grimm Gary Wayne Chris Salomone Dave Hauser LIST OF ITEMS NEEDED TO COMPLETE APPLICATION; An amendment to an existing plan requires a complete submittal for review. To make this submittal complete, please supply 15 copies of the following: a) Site plan, including additional parking area. b) Elevations, showing requested changes to window treatments, and existing grade elevations. c) Revised underground parking area with spaces marked. To avoid a confusion of plans, please submit this material in a complete plan set which includes revised floor plans. Issues Required Parkinq: a) Original plan was approved with parking ratio of 1.2 spaces per room. (See attached). b) New parking required as follows: 88 rooms § 1.2:1 105.6 Commercial @ 1:300 sq. ft. (9198.3 sq. ft.) 30.6 Total Required = 137 New Parkinq Lot: a) Additional parking area to provide the required spaces must be secured by a lease in perpetuity or an easement that runs with the land. b) It appears from plan that current owner cannot use his garage, which makes the house non-conforming. Parking area must allow clear access to the garage. c) Parking spaces may not back into access driveway. d) If additional parking area is for guests, it must be integrated with existing parking and access to hotel, and shown on plan. If it is for employees only, signage must be included. Elevations Elevations should reflect changes to window treatment as previously requested and approved. RP 85-19(A) (Continued) 4. Heiqht To show conformance with the City's building height limit, the existinq grade must be shown on the building elevations. (See attached excerpt from zoning code.) Please include on plans cross-sections of building at highest and lowest existing elevations to graphically show how building height is measured 5. Enqineerinq Department Show all revisions to drive and underground parking, per conversation Dave Hauser/Charlie Rowe May 5. Note: Proposed amendment project, as well as approved project, must conform to City standards regarding off-street parking and building height requirements in order to qualify for a Coastal Development Permit. MF:af -2- SP. ZONING SUMMARY LOT SIZE EXISTING ZONE EXISTING G.P. BUILDING HEIGHT BUILDING COVERAGE PAVING LANDSCAPING 1.15 ACRES = 50,530 S.F. C.T. C.B.D. . ' 35 V. 31,680 S.F. = 63% 1,240 S.F.^= 2.5% 17,433 S,F. = 34.5% BUILDING AREAS BASEMENT LOBBY RETAIL HOTEL ROOF SUN DECK TOTAL PARKING RETAIL: HOTEL : TOTAL : MINIMUM 9,620 S.F. @ 1 CAR/300 S.F. 70 ROOMS @ 1.2 CARS/ROOM 32 CARS 84 CARS 116 CARS PROPOSED 36 CARS 84 CARS 120 CARS Ml 2L04.056 engaged in the on-premises sale of alcoholic bev- erages. The interior area shall include only those portions of the establishment devoted to regular use by the public; (6) A minimum of twenty percent of the gross floor area of the establishment shall be used solely for food storage, preparation, mainte- nance and storage of eating utensils, dishes and glassware and shall inciude refrigeration, cook- ing, warming and dishwashing equipment, and any other equipment necessary for a fully equipped restaurant kitchen; (7) During the above specified minimum hours for restaurant services, there shall be not less than one employee per two hundred and fifty square feet of floor area devoted to food service use. Said employee or employees shall be on the job during the specified minimum hours for the restaurant service as described in subsection (2) of this section. The city council may waive the above require- ments relating to hours, menus, alcoholic bev- erage area, kitchen area, employees and equipment if they find a proposed restaurant will provide equivalencies, meets the other require- ments of this section and will, in fact, be operated as a bona fide restaurant. Uses not specifically named in this section but which are of substantially the same general type and character and are within the intent and pur- pose of this section may be permitted; provided, however, that the burden of proving the same shall rest with the person seeking to establish that use. (Ord. 9527 § 2 (part), 1979) 21.04.057 Bowling alley. "Bowling alley" means any structure in which a ball or balls are rolled on a green or down an alley or lane at any object or group of objects. (Ord. 9527 § 2 (part), 1979) 21.04.060 Building. "Building" means any structure having a roof, including all forms of inhabitable vehicles even though immobilized. Where this title requires, or where special authority granted pursuant to this title requires that a use shall be entirely enclosed within a building, this definition shall be qualified by adding "and enclosed on all sides." (Ord. 9060 §211) 21.04.06|^^jiu!iniEii! (a) The height of a building shail be measured as follows: (1) When the highest existing grade elevation within a five-foot horizontal distance of the building is equal to or less than ten feet above the lowest existing grade elevation, then the building height shall be measured from the highest exist- ing grade elevation to the highest point of a flat roof or the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. (2) When the highest existing grade elevation within a five-foot horizontal distance of the building is rtj^ii^^^^^^^^^^^l^^^t existing gi^e eieil^t^^ the building height shall be measured from a point ten feet above the lowest existing grade elevation to the highest point of a flat roof or the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. (b) "Existing grade" means the ground level eievation which existed prior to any grading or other site preparation related to, orto be incorpo- rated into, a proposed new development or alteration of existing developments unless a dis- cretionary permit for such developments or alterations is approved by the planning commis- sion or city council. In that case, existing grade shall mean the grade after the property is devel- oped or improved in accordance with the grading plans for the approved discretionary permit. In cases where retaining walls, fill or other grading are utilized to create finished grade higher in elevation than existing grade as defined above, then existing grade shall be used in the determin- ation of building height. (Ord. 9667, 1983: Ord. 9498 § I, 1978: Ord. 9141 § I: Ord. 9060 § 212) 545 HOUSING AND REDEVELOPMENT APRIL 1, 1987 CALIFORNIA BUILDERS 2910 JEFFERSON ST. SUITE 202 CARLSBAD, CA 92008 Citp of Carlibab REDEVELOPMENT OFFICE 2965 Roosevelt Street Suite B Carlsbad, CA 92008 (619) 438-5593 RE: COASTAL PERMIT APPROVAL RP 85-19 Dear Mr. Rowe: Per our conversation of April 1, 1987, this is to confirm that a Coastal permit will be made available upon issuance of building permits for RP 85-19. If there are any further questions, please do not hesitate to call. Sincerely, CHRIS SALOMONE Community Redevelopment Manager CS:al PETER J. LONGANBACH ATTORNEY AT LAW POST OFFICE BOX 8193 RANCHO SANTA FE. CALIFORNIA 92067 TELEPHONE (619) 756-4284 September 28, 1988 Mr. Ron Ball Asst. City Attorney City Attorney's Office City of Carlsbad 12 0 0 Elm Avenue Carlsbad, CA 92008 RE: Parcel 2 - Carlsbad Boulevard Hotel Dear Mr. Ball: This letter will confirm our conversation wherein I informed you that the condition of the option dated May 29, 1980 has occurred. Mr. John Eymann .is deceased. I will send you a copy of the death certificate as soon as I receive it. Pursuant to the terms of the option, Mr. Charles Rowe and myself will exercise the option to purchase the property. Pursuant to your request, I am sending a copy of this letter to Adrienne Landers so that the hearing on October 5, 1988 can go forward as scheduled. hank you for your courtesy and cooperation. yours, Longanbach PJL:dj cc: Adrienne Landers -7, CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 VINCENT F. BIONDO, JR. (619) 434-2891 CITY ATTORNEY RONALD R. BALL ASSISTANT CITY ATTORNEY September 19, 1988 Peter J. Longanbach Attorney at Law P. O. Box 8193 Rancho Santa Fe, California 92067 RE: PARCEL 2 - CARLSBAD BOULEVARD HOTEL Dear Mr. Longanbach: Thank you for your letters of September 6, 1988 and September 15, 1988 enclosing, among other things, the grant of easement and title report to the above referenced parcel. The preliminary title report dated August 21, 1987 should be brought current showing title vested in your client as of the date of approval of the proposed permit. The agreement dated May 29, 1980 between Blankenship Development Company and Charles R. Eymann and Alice May Eymann, husband and wife, should be eliminated. The community interest of the spouse of the vestee of Charles R. Eymann should be quit claimed. You must plot the easements existing over parcel 2 including the easement in favor of Sea Horse Investments, a California general partnership recorded July 9, 1986. The parking easement should indicate the number and location of all parking spaces. In that regard, there was no Exhibit "B" attached to the grant of easement. You must delete paragraph 5 Assignability of Riqhts from the easement deed. The City desires the parking spaces to benefit parcel 1 and no one else. You may assign the excess parking rights if you wish. Should you have any questions regarding the above, please do not hesitate to contact me. Vei;y->$ruly yours. RONALD R. BALL Assistant City Attorney rmh c: Assistant Planning Director' 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009-4859 (EttQ 0f (Earlabad PLANNING DEPARTMENT EPHONE 438-1161 June 10, 1988 Charles Rowe California Builders P.O. Box 142 Carlsbad, CA 92008 Dear Mr. Rowe: With reference to our letter of May 10, we need the information on the attached list in order to complete your application submittal. Until this information is received your application cannot be processed. If you have any questions, please call me at 438-1161. Sincerely, MURRAY FULFORD Assistant Planner MF/af c: Chris Salomone -2- MEMORANDUM DATE: MARCH 5, 1986 TO: DESIGN REVIEW BOARD FROM: EJrfiCNinm DEPARTMENT SUBJECT;! RP ^5-zV^- CALIFORNIA BUILDERS - Request for approval of \t-HP€Qevelopment permit to construct a 70 unit hotel complex above a commercial area with underground parking at the southeast corner of Carlsbad Boulevard and Beech Street in Sub-area 5 of the V-R zone. Prior to issuance of tJie building permit, developer shall redesign the truck loading bay to conform to the requirements of the City Engineer. Should the design require the utilization of the adjacent property, the developer shall secure the appropriate easements to the satisfaction of the City Engineer. AML:ad 3/5/86 LOADtNG ACCESS RP as-19 PROPOSED ACCESS LOADING EXISTING WAY. FOR TRUCK' USING DRIVE 7 PROPOSED^ DRWEWAt I Et. ---Mr PROPOSED BUILDING SIOEWAIK 37 CARISBAD BLVD.