Loading...
HomeMy WebLinkAboutSDP 05-15; Rancho La Costa Building; Site Development Plan (SDP)CITY OF CARLSBAD LANP USE REVIEW APPLICATION UNO- APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT USE ONLY) /^/P^y^Ar DEPARTMENT / /i^ ^ _ USE ONLY) • Administrative Permit • Planned Industrial Permit l^J^^ Planning Commission Determination • Administrative Variance • Planned Industrial Permit l^J^^ Planning Commission Determination • Coastal Development Permit • Precise Development Plan • Conditional Use Permit • • Redevelopment Permit - • Condominium Permit Site Development Plan < • Environmental Impact Assessment • Special Use Permit • General Plan Amendment • Specific Plan • Hillside Development Permit • Tontativo Porool Map Obtain from Engineering Departmeni • Local Caastal Program Amendmeni • Tentative Tract Map • Master Plan • Variance • Non-Residential Planned Development • Zone Change • Planned Development Permit • List other applications not specified 2) 3) 4) ASSESSOR PARCEL NO(S).: PROJECT NAME: 2 2. "5 - 060- z.S BRIEF DESCRIPTION Of PROJECT: 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) | MAILING ADDRESS MAILING ADDRESS CITY AND STATE ZIP ^TELEPHONE CITY AND STATE ZIP TELEPHONE EMAIL ADDRESS: ~ii/^/l\i.\ p ^€fbCftlo^of'/DfT EMAIL ADDRESS: /?US5 ^ ft^eu^x^^sSdJ 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND Th«T ALL THE ABOVE INFORMATION |S TRUE AND CORRECT TO THE BEST OF^Y 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER At^CTH^J^ALLTHE ABCVE INFORMATION IS TRUE AND CORREC^^^fEB^yOF MY KNOWLEDGE, yZ^^TS^ /o/2o/oar Sl(iN/(Tl/RE '•' DATE SIGN/TL|RE 7 DATE 7) BRIEF LEGAL DESCRIPTION NOTE; A PROPQSED PROJECT BEQUIBING IflMLTlPL^ ARPMP'^'ONS BE FILEP, MUS1B| §U«^niS^ A PI30POSEO PROJECT RMUIPIWS ©NI^V QtJE^ 20 39yd QQ7/7DCQ C7 "TT cnn'T in-7 ^rn-t 8) LOCATION OF PROJECT: ON THE BETWEEN (NORTH, SOUTH, EAST, WEST) STREET ADDRESS SIDE OF (NAME OF STREET) AND (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 25) 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING (NAME OF STREET) 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24) HABITAT IMPACTS IF YES, ASSIGN HMP # Y/N IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT xertNTWYPibR THJJB PURPOSE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE RECEIVED FEE REQUIRED OCT 2 6 2005 CITY OF CARLSBAD PLANNING DEPT DATE STAMP APPLICATION RECEIVED RECEIVED BY: TOTAL FEE REQUIRED Form 14 Rev. 12/04 PAGE 2 OF 5 RECORDING REQUESTED BY '. ST-BWART..-.T-ITI^E COMPANY '""UfiEN RECORDED, MAIL TO' m SAN DIEGO DAON CORPORATION 1241 Elm Avenue Carlsbad, California ATTN: JIM GOFF RE: SE-15 Order No. 32352-1 closed 92008 I A 1 ?DS Y.CA. 1 RECORDED IN OFFICIAL RECORDS OF SAN DIEGO COUNTY,' 138? SEP 17 AM.<J26 L VERA L LYLE I COUNTY RECORDER DECLARATION RESERVING EASEMENT This DECLARATION RESERVING EASEMENT ("Declaration") thisc^^q day of/<7y^AS7 is made 1982, by DAON CORPORATION, a Delaware corporation ("Declarant"), with reference to the following facts: A. Declarant is the owner of certain real property located in the City of Carlsbad, Co\anty of San Diego, California, described on EXHIBIT A attached hereto and incorporated herein by this reference (the "Property"). B. Declarant desires to subdivide the Property into two legal parcels. Parcel 1 and Parcel 2 as shown on the Proposed Parcel Map attached hereto as EXHIBIT B and incorporated herein by this reference (the "Map"). C. The City of Carlsbad has conditioned approval of the subdivision on establishment of an easement for ingress and egress across Parcel 2 for the benefit of Parcel 1. D. Declarant desires to satisfy this condition by reserving for itself and its successors and assigns an easement for ingress, egress, and related purposes over Parcel 2 for the benefit of Parcel 1, in accordance with the City of Carlsbad's requirements. E. Declarant declares that the Property shall be held, transferred, encumbered, used, sold, conveyed, leased, and occupied subject to easement created xinder this Declaration. 1. Reservation of Easement. Declarant hereby reserves a nonexclusive easement appurtenant for ingress and egress, and the construction and mainten- ance of a driveway for the benefit of Parcel 1 over that portion of Parcel 2 shown on EXHIBIT B as "Proposed Access Easement to Parcel 1" (the "Easement Area"). Use of Easement. The Easement Area shall be used only for those purposes described in paragraph 1, and any other uses reasonably related thereto. No improvement, structure, land- scaping, planting, vegetaion, or other material shall be placed or permitted to remain in the Easement Area which may interfere with the intended use of the Easement Area. Maintenance and Repair of Easement Area. The Easement Area and all improvements and landscaping located in the Easement Area shall be maintained in a state of good and safe repair by the owner or owners of Parcel 1, except for those improvements and landscaping for which a public agency or public or private utility company may be responsible. The owners of Parcel 2 shall have the right to perfoirm such maintenance and repair if not performed by the Parcel 1 owners, and shall have the right to recover their costs of such maintenance and repair from the owners of Parcel 1. Indemni fication. The owners of Parcel 2 shall not be liable for any loss, damage or injury of any kind to any person or property arising out of or caused by use of the Easement Area by the owners of Parcel 1, their tenants, employees, and/or invitees. Declarant for itself and its successors and assigns agrees to indemnify and hold the owners of Parcel 2 harmless from all liability for any such claim, loss, damage, or injury and from all costs and expenses arising therefrom, including but not limited to reasonable attorneys' fees. Insurance. The owners of Parcel 1 shall, at their own cost, procure and maintain a policy of combined single limit public liability insurance in which both the owners of Parcel 1 and Parcel 2 are named as co-insureds and are indemnified against liability for property damage or personal injury (including death) resulting from use of the Easement Area by the ovmers of Parcel 1, or their respective successors, assigns, employees, agents or invitees. Such insurance policy shall have a liability limit of One Million Dollars ($1,000,000.00) and shall be stated to be primary and non- contributing with any insurance which may be carried by the owners of Parcel 2. 6. Term of Easement. The easement created'under tliis Declaration shall be perpetual. 7. Enforcement. Any record fee owner of the Property or the City of Carlsbad may bring an action at law or in equity to enforce the terms of this Declaration. 8. Attorneys' Fees. In any action at law or in equity to enforce or interpret the terms of this Declaration, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs of suit, both at trial and on appeal. Declarant has executed this Declaration the day and year first written above. rORP/)RATION, 3poration STATE OF CALIFORNIA Orange COUNTY OF.. On Rppt.pmhp-r 1 ^ 1 QR9 Title) before me, the undersigned, a Notary Public in and for Michael K. Ryan said State, personally appeared- L . . u .u V.P. Land„ . known to me to be the__- rPCKSt^I*' Sr. V.P,Lana W.A. Colton, III known to me to be the--SSaiaS?^ of the corporation that executed the within instrument. < and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. T y WITNESS my hand and ofTicial seal. E Signature /•3 Marcia A. Brown Namo (Tvnf^fi nr Printprl) OFFICIAL SEAL A^ARaA A BROWN NOTART PUBLIC - CAUFORNIA ORAmX COOlfTY My eenm. evSm OCT I, 198S fThis area for offictal notarial seal) re Aroney LEGAL DESCRIPTION A portion of fractional section 6, Township 13 South, Range 3 West, . San Bernardino Meridian and a portion of Section 31> Township 12 South, Range 3 West, San Berdardino Meridian, in the County of San Diego, State of California as shown on Map No. 7457, filed in the Office of the County Recorder of San Diego County on October 18, 1972, described as follows: Beginning at the most Southerly corner of Lot 249 as shown on said Map No. 7457; thence, along the boundary of said Map No. 7457 the following courses; south 65° 09' 37" East 35.34 feet to a point on the arc of a Non-tangent 1030.00 foot radius curve concave Southeasterly; a radial to said point bears North 63" 37' 20- West; thence. Northeasterly along the arc of said curve through a 'central angle of 2" 15' 09" a distance of 40.49 feet to the TRUE POINT OF BEGINNING; a radial to said true point of beginning bears North 61" 22' 11" West; thence continuing. Northeasterly along the arc of said curve through a central angle of 8" 11' 35" a^distance of 147.29 feet; thence tangent to said curve North 36° 49' 24" E^st 554.82 feet to the centerline of La Costa Avenue; thence leaving the boundary of said Map No. 7457 and along the centerline of said La Costa Avenue, South 51" 09' 57" East 608.75 feet; thence, leaving said center- line South 38" 50' 03- West 142.00 feet; thence South 77" 00' 00 West 665.00 feet; thence North 63" 37' 48" West 166.62 feet to the TRUE POINT OF BEGINNING. EXHIBIT A CONSENT TO RECORDATION OF DECLARATION AND SUBORDINATION AGREEMENT The Trustees of Central States, Southeast and Southwest Areas Pension Fund, as holder of a Deed of Trust encumbering the Property described in the foregoing Declaration, which Deed of Trust was recorded on March 10, 1981, as File No. 81-72862 in the San Diego County Recorder's office, hereby agree that its interest in the Property shall be subject and subordinate to the Declaration. Dated: August 26, 1982. THE TRUSTEES OF CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND By /^-IZVAA/ C^V--^ Julian Burke, as Executive"^' Vice/i'resident of Victor Palmieri and Company, Incorporated, acting pursuant to a resolution of said Trustees STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ) SS , ) On , 1982, before me, the un- dersigned, a Notary Public in and for said State, personally appeared JULIAN BURKE, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same on behalf of the Trustees of Central States, Southeast and Southwest Areas Pension Fund pursuant to a resolution of the said Trustees. WITNESS my hand and official seal. OFFICIAL SEAL MARK SCHAFFER NOTARY PUBLIC • CALIFORNIA LOa ANGELES COUNTY My comm. expires DEC 14, 1984 CONSENT TO RECORDATION OF DECLARATION AND SUBORDINATION AGREEMENT Rancho La Costa Trust in Dissolution, as holder of a Deed of Trust encumbering the Property described in the foregoing Declaration, which Deed of Trust was recorded on March 10, 1981, as File No. 81-72863 in the San Diego County Recorder's office, hereby agrees that its Deed of Trust shall be subject and subordinate to the Declaration. Dated: September 10 , 1982 RANCHO LA COSTA TRUST IN DISSOLUTION By: Allard Roen, Trustee STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ss. ) On September 10, 1982, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ALLARD ROEN, known to me to be the person who executed the within instriiment, and acknowledged to me that he executed the same. WITNESS my hand and official seal. MILDRED I. HOLMAN, Notary Public OFFICIAL SEAL MILDRED I HOLMAN NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expires AUG 13, EXHIBIT "C-l" LEGAL DESCRIPTION OF EASEMENTS XCCESS EASEMENT DEDIOTION XCCEEE lASEMSfT EEDlCtTIQN MJ, THM PORIIOiT OF PJkUCSL 2 Of WACEl. SO. IJSIS. Ii! TSE CITY OF CMULJSASi COUmr OF SU> DIECQ. STXTE 0? CUirORHlA., TTlfO IM TOE OFFICE OF THE CDOMTI RECOMEK OF SAM DISGO COOWTI, FEBRDXtli 2S, 1*63, W FIIX WO, B3.0tOS7e OF OFFICIM. RSCDRDS, BEIMO MORE rUTICITIJlU.T DE5CUBED iLS FOliLOHS! COMKEKCIHa XT TEE HOST HORTIOlESTEUiY CORHEH OF SXID (AftCEL i: TKE)>CS AXOWC titf |IOKTnSXSTEIU.y LSXC OT SiSD rJJtCZL a SOVTTH SmS'SI- EAST >L MStWJCE OP 50.00 rSEI TO TKE Ti.VS POItrr OF BEgnmiWOT TKENCe COKXimnNC XLOM? EMC klORTH£WTV«I.T LiMS SOVTU SVDS'ST EVFT X DISTXMCE Of 3S.03 *XSr) THEMCE LEXV1»C SXI6 NORTKCAJTCXJLT i.7Mr SOUTfl 3£'49'a«. UfesT X B:;STXMCE or 3.11.7. FEET: THEMCE SOUTH 32*32'3B- VEET X tlISTX>»CE OF S1.«S; ISEWCE soma afis'OS" WEST X DISTXMCB OF JT.SJ FECT; TJUUCS SOWTS 5f*t'14- WEST X DISTXtiCS OF it .ii FEET; TSENCE «ORT« S3"10'3<' WEST X pistxjjcs or si.it retT TO X POIKT ON THE ExflTDU.i( RICITT- OF.HXT tME OF RXKOIO SXbTTA FE HyO) IsS CO>rVE«0 TO TKE CITT OF CWa.»BXO «Y DEED SICOFDED '7^rx/e , XS FIUE 'SO. ^OO/ -jV»y/? OF DFFICtXi. RECOROS, EXIC t«IKT BEIKS OH X I.,«:3.00 FCCT RACIVS CURVE COSCXVS E01ITltEASTERI.lt, A^ KABIAL LIKE tO SAID WI« PEARS NORTH S«'4J'«J' ItST; THSJCE HORTHERLY XJ,0»C SXIH CUF.VE THrlOUCH X CEtnUXt of •l-3i'*D' X OlfXXMCI OP 35.«£ FiEI; THBICE LEAVIHS SAIII EASTERIT RXOTT-OF-WXT LINS SOOTl: S3*43'2<- EAST X CISTXMCE OP IS.40 FEET TO TKE BECINMIMO OF X 10.00 FOOT RACIOS CORVI COHCAVi! WORTWEMiYt TKEMCE EXSTERf: WWMC SXID CURVE TEKOUCH X CEiTRAI, AfCLE OF BS*37-12- X DISTANCE OF 1S.«1 FEETi Tai:»CE MORTH 3e><S'J«- CAST X BlETAWCE OF 5iO,S2 FEST 10 THS TRUE POINT OF BEGINKISGJ COKTAIKIMG e,370 SOUXRE FSET. MORE OR LESS. STIW: t-tXCi, >IC2 S1511 Ei? 3-31-05 STUART S»CI>1EEXIHC KCnoCeL^TXH DX, SUITE 3aB 5XN D!£C5, 921a« l6is) iss-icio ywciJiJ) 39e-sn£ XU THAT PORTIOH OF PARCEL J OP ?x.'.ca MAP »o. l!J8«, IS TSE CITY OP CARLSBAD, COUKTT OF SAW DIEM, STXTE OF Cil.IFOBlIIX, FILED IN TH£ OFFtCS OP TKI COUimr RSCOSBSii OF SAN DIECO COUMTT, FEBBUXRIC JS. isaa, xs FliE MO. Bi-0*057« OF OFFtclAI. RScoHPS, BEUIO «0»E VAKTICUXXRLY DESCSlBm AS FOLLOWS: COKHENCIHG XI TEZ MOST SASTEPXV COBNER OF SAID PXRCEL 2; THEMCE • AiOHO THE aQUTHEASTEHX.T tX»t OP SXI5 ' OXRCEl 2 SOUTH 3a'5D'03- WEST X BISTAHCS OF 10.00 FEET TO X FOIXT OH TBE SOUIMSJOiI lUCKT- o»-uxv OF IJ. COSTA x\naiox. AS cokivram TQ IHE CITY OP CARLSBAC vt PESO RECORDED ?/^-y/o/ AS FILE »0. -pSy^/^OF OPFICIXL RECORDS,- TKEJICI HESTEWirALONO EXID RIGHT'OF-MXTT LIME M0RT8 Sl'OS'ST WEST A DISTXHCE OF 2S.«B FEET TO Hffi TRUE POllfT OF BECimfaro.- IJBSCK SOTOJ «S*17'3T BEST X DISTANCE OF 3M1 FEET TO THE BECltiSlMG OF A 105.00 FOOT RADIUS CVHVE CQNCXVE NORTHWESTSHil; TKESCS SOtmWESTEKLT XUJBG SXID CURVE THROUGH X CENTSXl AWSLE OF ll'SO'Se" X DISTANCE OF 21. IB FEET; IBEMCE HORTIT 53-10-36- WEST X blSTAWa OF 332.32 FEET TO A PQIKI OM THE NORTHWEETbUiY LIKE OF SAID PARCEL 2; TSEKCE NORIH JB'SO'OJ' EAST ALOSe SAID KORTWESTEJULY LIKE X blSTAMCE OP <3.0} FBET; IKEKCE SOUTH je'lS'20- EXJST X DlSTAKCS OF .»J.73 PErT; THE3JCE SOUTH S3»1D-J£' ZAST X DISTANCE OF B4.00 rECIj THEKO: KOHTH 3r4j'2«' EXST X DlSTAkiaE OP 37.SO TEET TO A POINT ON EAID tiA COSTA A>'D<«E RICHT-OF-KAT LIKE; TKSHCE SOUTK S;"05-57- EAST XLOHC SAID RIGM- DF-MAt LIKE X DiSTXHCE OF 2*.01 YSVt; tKa«CE LIAVXVIC SAIB laCKT- OF-KAK-LIKE SOUTH 3r'4S-24- HBST A BISTAKCT OP 36.7S FEET; IXENCE SOCIB S3*10'3<' EAST A DISTANCE QF 143.61 FEET; WtEKCE NORTH 76-SS-Se' EAST A CISTASCE OF 10.44 FEET TD THE BEGIKltlDG OF A 10.00 FOOT RADIUS CURVE CONCAVE NORTHWESTHU.V; THEMCE ()0I>.TKEASTER1.T XLONO SAID . CORVs TKROOCH A CEJJTRAl. ANCLE OF 40*10-34' A 61STAKCE OF 7.01 FEET; THEKCE MORIK 3f*15'24' EWT A DISTAKCE 0? IS.S; FEET TO A POINT SAIB SOUTHERLV RIGHT.QF-WAl LIKE; TSSNCE SOUTE Sl'OS'57- EA5T AiQMG SAID RICHI-OF-HAI LIKE A DISTANCE OF 41.72 FEET TO TBS T7.UE POINT OF EEGINNUJC; COKTAJKINC 10,«5< SQUWE FEET. MORE OR LESS. STUA-tT PEACE. RCK 27J3S Wc> S.31-0£ STOARt IJaOISEERISC 7E2S MITP.aPOLITAU DR, SOJITE JOB Ul k EXHIBIT "C-l" TT/TT 3Dtfd c;>jTirr~iTna nci-aTf-t-iH'-> EXHIBIT "C" EASEMENTS IICEND i.p.a.s. POUT or CD/«£NaV£Wr - mc fciHT or eayurm; ASSESSOR'S PAKa NO, PARCZL 1 P.M. 12586 (TOSCO conf.) SSI'or sre saoa- •SSI-or sre H.K' use - XM£ iHtzcr PARCEL 2 V P.M. 12586 V (RANCHO LA COSTA MLLAOS) S 2i'ir 03'W j7.tS S M' 4r 2i' W 3^.H' STUMT PE4CE see fmn STUAlIT OKuSnilUC 7f2s mnopmrjui SWTT JM Kca. CJ tiios TH. tl9-}f6'IOJC fUL <rP-2«-M7< P.O.C - TOwr or c^uKKtuCKT rwART o/emesiiK 752S UnKOKUTAM OR. SIM: Jas ii/y D/ri», O K»OS 70- 6}9-2}«-IOW FAX M-19i-fZ7i PARCEL 132 P.M. 177H EXHIBIT "C" TT/RT -^nWr.! CiJTJfTnTno nri-7iTr-t-iH>^ RECORDING REQUeSTEO BY BRST AMERICAN TITLE C&l DEPARTMENT RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Cynthia Beli & Associates, Inc. 19 Castellina Drive Newport Beach, Califomia 92657 Attention: Cynthia Bell , aaOl-0676397 6054 DOC # 2001-0676897 JEP 20:. 200X 12:21 PH OFFICIftL RECORDS SAN mm mm RECoRe's OFFICE GREGORY J. SMITH, COIWY RECORDER FES: 52.00 (Space lAb'ove for ReaHffler's Use Only) GRANT OF EASEMENTS THIS GRANT OF EASEMENTS ("Agreement") is made as of the day of August, 2001 by and between RANCHO LA COSTA VILLAGE, LLC, a Califomia limited liability company ("RLCV"), and TOSCO CORPORATION, a Nevada Corporation ('TC"). RLCV and TC are individually referred to as a "Party" and collectively as the "Parties." RECITALS: A. RLCV is the fee owner of a parcel of property (the "RLCV Parcel") located in the City, County and State (as such terms are defmed in Article 1 below), as more particularly described in Exhibit "A" attached hereto. B. TC is the fee owner of a certain parcel of real property (the "TC Parcel") lying adj acent to the RLCV Parcel, as more particularly described in Exhibit "B" attached hereto. C. In order to provide for vehicular ingress, egress and access to the TC Parcel from the adjacent public street, the Parties desire to enter into this Agreement to (i) grant the easements necessary to pennit such access, and (ii) set forth the various obligations of the Parties in connection therewith. The easements, obligations and restrictions herein set forth shall run to the benefit of, and bind the respective Parcels, all as more particularly set for& hereinbelow. NOW, THEREFORE, in consideration of the foregoing, the covenants and agreements on the part of each Party to tfae other as hereinafier set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1 DEFINITIONS As used in this Agreement, the foUowing definitions and terms shall apply: (i) "City" is the City ofCarlsbad; "County" is the County of San Diego; "State" is the State of Califomia; (ii) "Grantee" is the Party owning the Parcel, or portion thereof, that is the dominant tenement and thus is benefited by an easement. The easements granted in this Agreement shall benefit only the dominant tenement and the Grantee with respect to its interest therein, except that the Grantee may permit its Permittees to use such easements, provided such permission shall in no way authorize use of the easements in excess of the permitted uses of such easements as set forth in this Agreement; (iii) "Grantor" is the Party granting an easement in this Agreement and owning the Parcel or portion thereof which is the servient tenement and thus is burdened with the easement; (iv) "Parcel" is the RLCV Parcel, or TC Parcel, as the context may requu-e, and any legal parcel of land into which the same has been or may hereafter be subdivided, together with all improvements existing from time to time thereon; and (v) "Permittee" is any partoer, officer, director, employee, agent, contractor, customer, vendor, supplier, visitor or invitee of a Party and its successors-in- interest with respect to a ParceL ARTICLE 2 EASEMENTS 6055 Section 2.1 Access Easements. RLCV (Grantor) hereby reserves to itself and its Permittees and grants to TC (Grantee) and its Permittees, for the benefit of, and appurtenant to, the TC Parcel, a non-exclusive easement over those specific areas generaUy depicted on Exhibit C hereto, and legally described on Exhibit C-l hereto, for vehicular ingress, egress and access to and from the TC Parcel and the adjacent public streets. Section 2.2 Term. The access easements specifically granted in Section 2.1 (the "Easements") shall continue in favor ofthe Grantee and its Permittees in perpetuity. Section 23 Use of Easements. RLCV agrees that it wiU not unreasonably restrict or o&erwise impair TC's use of the Basements. The Parties shall each exercise reasonable care in the use of the Easements and in exercising any of their respective rights hereunder. The Parties shall comply with all applicable laws, ordinances, rules, regulations and requirements of the City, County and State and any other govemmental authorities in connection with the Parties' and their respective Permittees' use of the Easements. The use of the Easements by TC and its Permitees, shall be limited solely to vehicular ingress and egress, and access over the estabUshed circulation elements on the Easements, as the same may be constmcted, estabUshed and mamtained by RLCV from time to time. The Easements, and the use and enjoyment thereof by TC and its Permitees does not create any rights in the parking areas ofthe RLCV Parcel, and shaU not unreasonably restrict fee use or development of the RLCV Parcel by RLCV. or any of tiie Permitees of RLCV. TC hereby expressly acknowledges that the Easements provided herein do not include any right for TC or its Permitees to park or store automobiles, tracks or any other objects whatsoever within the Easements, or anywhere else on the RLCV Parcel, and TC agrees at all times to use its best efforts to prevent the use of the Easements by any of its Permitees in a maimer which is in conflict with the foregoing, any reasonable, non-discriminatory mles and regulations established by RLCV for the RLCV Parcel, and as may otherwise be required by the City or any other appUcable legal requirements. Provided the same does not unreasonably interfere with the use and enjoyment of the Easements as provided herein by TC and its Permitees, RLCV shall have tfae right to relocate and modify curb cuts, landscaping, ^ecific access areas and establish circulation elements within and comprising the Easements. Section 2.4 Indemnity; Insurance. The fee owner of the TC Parcel and its successors and assigns ("Indemnitor") shall indemnify, defend, protect and hold the fee owner ofthe RLCV Parcel and its successors and assigns ("Indemnitee") harmless from and against any and aU claims, demands, damages, judgments, losses, costs, expenses and UabiUties including, without lunitation, reasonable attomeys' fees, expert witness or similar fees and court costs imposed upon, asserted against, or incurred by any Indemnitee arising f^om or relating to the use or enjoyment by Indemnitor ofthe Easements. Indemnitor shall at all times, and at its own cost, maintain commercially reasonable Uability insurance covering the use ofthe Easements as provided herein, by Indemnitor, including the indemnification obligations set forth in this Section 2.4. ARTICLE 3 NOTICES Any notice, demand, request, consent, approval, designation, or other communication that any Party is required or desires to give, make or commimicate to any other Party shall be given in writing by personal delivery, reliable ovemight courier, facsimile transmission (followed by first class United States mail), or United States certified mail, retum receipt requested, with postage fiilly prepaid to the foUowing addresses. Each Party may designate at any time a different address for its receipt of notices by giving at least ten (10) days' notice of such change of address to aU other Parties. 6056 ^ To TC: Tosco Coiporation 1500 North Priest Tempe, AZ 85281 P.O. Box 52085 Tempe, AZ 85072-2085 Attention: Real Estate To RLCV: Rancho La Costa Village, LLC c/o Cynthia BeU & Associates, Inc. 19 Castellina Drive Newport Beach, Califomia 92657 Attention: Cynthia Bell ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Method and Effect of Amendment. The Parties agree that the provisions of this Agreement may be modified or amended, in whole or in part, only by declaration in writing, executed and acknowledged by each of said Parties, and duly recorded in the Office of tiie Recorder in and for the County. Any amendment or modification hereof, whenever made, shall be superior to any and all Uens, to the same extent as if such amendment or modification had been executed concurrently with this Agreement Section 4.2 Cooperation. Tfae Easements granted hereunder shall exist by virtue ofthis Agreement, without the necessity of confirmation by any other document. However, upon the reasonable request of a Party hereto, the other Party shall execute and acknowledge a document memorializing the continued existence (including the location and any conditions thereon) of such Easements. The Parties also agree to take such additional actions and execute such additional documents as maybe reasonably necessary or appropriate to carry out the transactions contemplated by this Agreement. Section 4.3 Governing Laws. This Agreement shaU be constraed in accordance with the laws ofthe State. Section 4.4 Not a Public Dedication. Nothing in this Agreement shall be deemed to be a gift to the general public, or a dedication for any public purpose whatsoever, of any portion of the Parcels, it being the intention of the Parties that this Agreement shaU be strictly limited to and for fhe purposes herein expressed. Section 4.5 Attorneys' Fees. If any Party shaU institute any action or proceeding ("Suit") against any other Party relating to (a) any breach or alleged violation of any covenant, term or obligation ofthis Agreement, or (b) enforcement ofthe provisions hereof, the "PrevaiUng Party" shaU be entitled to recover from the nonprevailing Party, as part of the Prevailing Party's costs of Suit or its damages, said PrevaUing Party's reasonable costs and attorneys' fees incurred, including any and all costs incurred in enforcing, perfecting and executing any such judgment. The "PrevaiUng Party" shall be the Party which by law is entitled to recover its costs of Suit, whether or not the Suit proceeds to final judgment. Section 4.6 Exhibits. All Exhibits attached hereto are incorporated herein by this reference. Section 4.7 Severability. If any term, covenant, restriction or condition contained in this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such term, covenant, restriction or condition to persons or circumstances (other than those with respect to which it is invalid or unenforceable), shall not be affected thereby. Each term, covenant, restriction and condition of this Agreement shaU be valid and enforceable to the fiillest extent pennitted by law, except those terms, covenants, restrictions or conditions which are expressly subject to or conditioned up such invalid or unenforceable provisions. Section 4.8 Successors. The provisions of this Agreement shall mn with the land, both as respects benefits and burdens created herein. 6057 IN WITNESS WHEREOF, this Agreement has been executed by tfie Parties as ofthe day and year first above written. 'M? Q J 2 4 ^ "TC" "RLCV" TOSCO CORPORATION, a Nevada Coiporation By; NanDA5 ATASrHMTDT Title: ASSISTANT SECRETARY RANCHO LA COSTA VILLAGE, LLC, a Califomia hmited liability company By: PACIFIC LA COSTA VILLAGE, LLC, a Califomia hmited liability company. Its MemibSlv^id-Manager STATE OF IW^7AM>aj COUNTYOF J ) ss. J 6058 On ARC 2001, before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Signature (seal) OfWOALSEM. ^ MEUSSAanEDM(WD MARICOWCOUMTY, STATE OF a XnAA^fSfK^.., ) 6059 COUNTY OF MVUtAcoa^OA-^ ) , 2001, before me, personally appeared Ar^LUT^.^CnrroSSj A^-t. Se.CC-el-AJriA personally known to me (or proved to me on the basis of satisfactory evidence) to be the persen(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Signature (seal) OFRciAL SEAL TONI JONES HOTAHY PUBLIC - STATE OF ARIZONA MARICOPA COUNTY My Cofnm Expires Sept. 19.2003 STATE OF COUNTY QE 2001, before me, personally appeared -=°/s \^.^f\z, ,/<SJ -S iVv-g "s. personally known to me {ox .pm::^sdJaijie-OH-fe6-basis-ef-satisfa^ to be the person0$vWhose name^j^^s/ate-subscribed to the within instrument and acknowledged to me that ^^^^tift'they executed the same in feg/hei/feetr authorized capacity(|^gii and that by Mi'her/their signature(^$^n the instrument the person(^or the entity upon behalf ofwhich the person^^-acted, executed the instrument. WITNESS my hand and official seal.' Notary Signature (seal) JIOBIN YSHEdr^ & . .M£.Sott Dfego ccsonvri^ f tIJtftkm(LBi(JkesMi4.2mf m m m w mp'v^'iit . 6060 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS ASuFOLLOWS: Name of the Notary: TV^^^W Commission Number: \7-M^^^^ Date Commission Expires: "^ig ^. tf*^ County Where Bond is Filed: Manufacturer or Vendor Number: (Located on both sides of the notary seal border) Signature:, Firm Nam^^^ applicable) Place of Execution: 'iu^ P^<^ Date: ^-"Lo-gt R90. Form #R10 (Rev. 7/96) EXHIBIT "A" 6O6I RLCVPARCEL PARCEL 2 OF PARCEL MAP NO. 12586, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED ON FEBRUARY 25, 1983 AS FILE NO. 83-^60578 OF OFHCIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. EXCEPTING THEREFROM, ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, PETROLEUM, PETROLEUM RIGHTS. OTHER HYDROCARBON SUBSTANCES, GEOTHERMAL STEAM, ALL UNDERGROUND WATER AND Aa PRODUCTS DERIVED FROM ANY OF THE FOREGOING, IN OR UNDER OR WHICH MAY BE PRODUCED FROM THE PROPERTY WHICH UNDERLIES A PLANK PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, iVilNING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY,- OIL, WATER OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR UMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN. REPAIR, DEEPEN AND OPERATE ANY WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DILL» MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY, AS RESERVED BY DAON CORPORATION IN DEED RECORDED MARCH 4, 1983 AS FILE NO. K5-070357 OF OFFICIAL RECORDS. EXHIBIT "A" EXHIBIT "C" EASEMENTS 6062 IIGSNO fZZC<2i P.O.C = T.!>.0.3. ASSESSOR'S PARCEL NO. 223-0SO~23 ' mcATts ACCESS SASESim PONT OF CCUUSXaOIT - R(/f PONT Of accmnnto PARCEL I P.M. 12586 (TOSCO CORP.) ssforsre saov y^-^s 5i'09-sre 2sor -trrK- simj DBiKAim SCALE iN.Fsr PARCEL 2 P.M. 12536 (RANCHO LA COSTA VILIAG£) • S M'i9'zr •!/}4.S< 54 JJ' STUART PEACE PCE fi7Z32 swApr s/Kttesm: 7S2S UETPOPOUTAH OR. SUHE X3 SAH OIECO, CA 92108 IEL il9-29i-IOtO FAX. il9-m-mi BIAlL sluertetMtwcldfltl LEGEND P.O.C - T.P.0.3. PARCEL 1 P.U. 12586 (TOSCO CORP.) I :HOICAlES ACCESS EASEMEur P<3Nr OF COM&CSMBIT •ME POINT SEONMHe ASSESSOR'S PARCEL NO. 22i-0eO-29 STVAPT PEACE PCE /27Z52 sniAPT snenssB'ie _ „ 7S2S SIEIPOPCUTAM OR, SVITE JOS SAM OIEOOL CA nica W. 619-296-tOta FAX 619-296-927} EUAIL stucnthtsttcMml PARCEL 152 P.U. 17744 EXHIBIT "C" EXHIBIT »B" TC PARCEL 6063 BaCHXBXT A (UECAL BSSCaXPTIOW} Parcel A: Parcei (s> 1 of Jaxeel Map Ko. X2S86, ia -che citry of Csirlsbad, Coxmty of San Diego, State of Califomia. filed ia the Office of th* Covuaty Recorder of Saa Diego Coviaty, February 25, 1983 as File/Page No. 83-0$0578 of dfficial Records. Excepting tJaerefrom all minerals, mineral rights, oil, oil rights, .•^nityraJ^a.g^_ni^CT^aJ ^gasi petroleuffi, petroleum riglitrs, otrher hydrocarbon substances, geothermal steam, all underground water, Qili.„ali.'products derived frow any of •the foregoing, ia or under or which may be producea~fron> the property which TsndeTlies- a plane parallel to and 500 feet helow the present surface of the property together with the perpetual right of drilling, miiving, easploxing aad operating t:herefor and storing in and removing the same from t:he property or any other laad, including the right whips tock or directionally drill aad mine from lands other than the property, oil, water, gas wells, tunnels, and shafts into, through or across the subsurface of the property, aad to bottom such whipscocked or directionally drilled wells, tunnels aad shafts under and beneath or beyond the exterior limits thereof, and"to redrill, ratuisael, equip, maiatain, repair, deepen and operate any wells or wines, without, however, the right to drill, (nine, store, explore aoid operate through the surface or the upper five hundred (500) feet of che stifasurface of the property as reserved by Daoa Corporation ia Deed recorded March 4, 1333 aa File/Page No. 83-070357 of Official Records. Parcel B: Aa eascineat aad right of way for road and public utility purposes over, under, along, and across that portion of said Parcel Map No. 12586, lying within the eu:ea delineated and designated thereon as "Proposed Access Basement to Parcel 1". END OF SCKSDUIiS A EXHIBIT "B" 6064 CERTIFICATION PURSUANTTO GOVERNWIENT CODE SECTION 27361.7 Place of Execution I certify under penalty of perjury that this material is a true copy of the original material contained in this document. Date Signature of Declarant 3 Type or Print Name 4/94 Rocordar Form #R9 EXHIBIT B 6O65 TC PARCEL (LEGAL DESCRIPTION) PARCEL A: PARCEL 1 OF PARCEL MAP NO. 12586, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED ON FEBRUARY 25, 1983 AS FILE NO. 83-060578 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. EXCEPTING THEREFROM, ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, PETROLEUM, PETROLEUM RIGHTS, OTHER HYDROCARBON SUBSTANCES. GEOTHERMAL STEAM, ALL UNDERGROUND WATER AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, IN OR UNDER OR WHICH MAY BE PRODUCED FROM THE PROPERTY WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY, OIL, WATER OR GAS WELLS. TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OFTHE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY, AS RESERVED BY DAON CORPORATION IN DEED RECORDED MARCH 4, 1983 AS FILE NO. 83-070357 OF OFFICIAL RECORDS. PARCEL B: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONG. AND ACROSS THAT PORTION OF SAID PARCEL MAP NO. 12586, LYING WITHIN THE AREA DELINEATED AND DESIGNATED THEREON AS "PROPOSED ACCESS EASEMENT TO PARCEL 1". EXHIBIT «C-1" LEGAL DESCRIPTION OF EASEMENTS B6B6 tEGW. DESCaiPTION ACCESS SASEKarr DtDlCMlOS ACCESS aAS2HH3.T DEOICMIOM ALL THAT romON OF PARCEL 2 OF PASCEL MAP SO. 12S8S, ZS TK3 CITY OF CABLSBAD. COONTY OF SAN OIEGO, STATB OF CALIfORMXA, FILSB IN THE OmCS OF TOE QOUtrCY RSCOSDER 07 SAS 0IS6O COUHTI, FSBRUARY 2S. 1983, AS Pits SO. »^-OS0S^a OF OFFICIAL RSCOEiOS, SEIiTO MORE PASTICULASLY OESCRIBEO AS FOLLOWS: COMMESCINO AT THE MOST NORTaWSSTERlV CORNER OF SAID PARCEL 2; THENCS ALONG THS HORTHSASTERLY LIKE OF SAI3 PARCEL 2 SOOTH SI'09'S7' EAST A DtSIAHCS OF SO.00 FEET TO THS TRUE POIMT OF SSGHWIHO, THSNCE CONTIilOIMO ALOSG SAID HORTK2ASTERLY USE SOOTK S1*0S'57' EAST A DISTANCE OF 25.02 FEET; THSNCg LavniG SAID NORTKEASTERLY LIDS SOUTH 3«'«9'24' WEST A DISTAKCE OF 171.7« FEET; THSKCS SOOTH 32*32'2a- WEST A DISTAMCS OF 31.SS; THEMCE SOOTH 2S'19'0S' MEST A DISTANCE OF 37.63 52BT; ~<SilCS SOOTH 3S'<S'2«' HEST A OlSTAMCS OF 3«.S4 FESTi TSSSCE MORTH S3»10'3S» HSST A DISTANCE OF S8.99 FEET TO A POINT ON THE EAST3RLY RIGKT- OF-HAY LIME OF RAMCHO SANTA FS ROAD AS COMVEYSQ 70 THE CITY OF (iARLSBAO BY BEED RECORDED y/lTx/o, AS FILE MO.^OfV -f.??^/? OF OFFICIAL RECORDS, SAID POINT BEINQ OH A 1,423.00 FOOT RADIUS CDRVS CONCAVE SOOTHEASTERLY, A, RADIAL LINE TO SAID POINT 3EA.1S NORTK 54*4S'43' WEST; TKSMCE NORTHERLY ALONG SAID CURVS TKROOGH A CENTRAL ANGLE OF 01*2S'4O- A DISTANCE OF J5.*« FSMi THENCS LEAVING SAID BASTSSLY RIGHT-OF-WAY LISS SOOTK S3*»3'2<' SAST A DISTANCE OF IS.40 FEET TO ISE BEGINNING OP A 10.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; TSSNCE EASTERLY ALONG SAID CuRVS THIODGK A CENTRAL ANGLE OF 99»27'12- A DISTANCE OF IS.SI F3ET; TSSNCE NORTH 3<*49'24' EAST A DISTANCE OF 230.22 FEET TO IHS TRUE POINT OF BEGINNING; COMTAIHING 8,370 SQUARE FEET, MORE OR LESS. STUART PEACE, RCS 27232 EX? 3-31-05 STUART ENGINEERING 7525 METROPOLITAM DR. SUITE 308 SAN OIEGO, CA 92108 (S19) 29«-10i0 -AX(619) 295-927« ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 12S8S, IN THE CITY OF CARLSBAD, COUNTY OF SAM DISGO, STATE OF CALIFORNIA, FILED IN THS OPTICS OF TSE COOKIY RSCORDSR OF SAN DISGO COUMTY, FSSRUAiW 2S, 1983, AS FILE HO. a3-0S0573 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TKS HOST EASTERLY CORNER OF SAID PARCEL 2; THENCE ALONG THS SOUTHEASTERLY LINE OF SAID PARCEL 2 SOUTH 38*5a-03- WEST A DISTAMCS OF 20.00 FEST TO A POINT ON TKE SOUTHERLY RIGHT- OF-WAY LINE OF LA COSTA AV^NIS. AS CONVEYED TO IKS CITY OF CARLSBAD BY DEED RECORDED p/^^-rfo/ AS FILE NO. ^tf^Af ~O!CtfyH^0t OFFICIAL RECORDS; THEMCE WESTSRLY' ALONG SAID RIGHT-OF-HAY' LINE NORTH S1''09'S7' HSST A OISTANCS OF 29.48 FEET TO THE TRUS POINT OF BEGIWUMG: THEMCE SOOTH 45«1T2T WEST A DISTANCE OF 34.81 FEET TO THS BSGIMMING OF A 105.00 FOOT RADIUS CURVE CONCAVE MORTHWESTSRLY; THENCE S0UIHWEST3RLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11*33'28' A DISTANCE OF 21.18 FSEI; THENCE NORTH' SS'IO'SS' W3ST A DISTANCE OF 332.32 FS2T TO A POINT ON THE NORTHWESTERLY LIME OF SAID PARCEL 2; TdSMCE NORTH 38*30'03' EAST ALONG SAID NORTHWESTERLY LINE A DISTANCE OF 43.03 FEST; THENCE SOOTH 2S*1S'20'' EAST A DISTANCE OF 42.72 FEET; THENCE SOOTH Si'lO'SS* EAST A DISTANCE OF 84.00 FEST; THEMCE NORTH 3S*49'24- EAST A DISTANCE OF 37.SO FEET TO A POINT OM SAID LA COSTA AVENUE RIGHT-OF-WAY LIME; TKENCS SOOTS S1*09'S7- EAST ALONG SAID RIGKI- OF-WAY LINE A DISTANCE OF 24.01 FSST; TKSMCE LEAVTSG SAID RIGKT- OF-WAX.LISE SOUTH 3S*49'24' WEST A DISTANCE OF 3«.7S FEET; THENCE SOUTH 53*10'3S' EAST A OISTAMCE OF 143.61 FEETi THENCE NORTH 76*59'S8' SAST A DISTAMCS O? 10.44 FSST TO TKE BEGINNING OF A 10.00 FOOT RADIUS CURV3 CONCAVE NORIHWESTSRLY; TKENCS M0RTKSAST3RLY ALONG SAID . CURVE IKROUCH A CENTRAL ANGLE OF 40*10'34- A DISTANCE OF 7.01 FSST; THENCE NORTH 3«*49'24' EAST A DISTANCE OF 16.95 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY LIME; TKENCS SOUTH S1*09'S7" SAST ALOMG SAID RIGHT-OF-WAY LIME A DISTANCE OF 41.72 FEET TO TSS TRUE POINT OF BEGINNING; CONTAINrHG 10.394 SQUAas FEET, MORE OR LESS. SrjA.'tr PEACE. RCS 27232 SX? 3-31 STOA.'CT ENGINEERING 7S2S MSTROPOLITAS DR. SUITE 308 EXHIBIT "C-r 6067 CERTIFICATION PURSUANT TO GOVERNMENT CODE SECTION 27361.7 Place of Execution I certify under penalty of perjury that this material is a true copy of the original material contained in this document. Date mature of Declarant Type or Print Name 4/94 Racordsr Form #R9 EXHIBIT "C-*!' LEGAL DESCRIPTION OF EASEMENTS LECM. DESCRIPTION ACCESS SASEMSNT DEDICATION Q QO LEGAL DBSC?.I?TrON ACCESS EASEM2X? DEDICAXIObf AU. THAT PORTIOH OF PARCEL 2 OF PARCEL MAP HO. 12586, lil TKE CITY OF CARLSBAD, COUNTV OF SAM DIEGO, STATE Of CALIFORNIA, FILED IN THE OFFICE OF THE COtTOTY RECORDER OF SAN DISGO COOHTT. FEBRUARY 25, 1983, AS FILE KO. 83-OS0S78 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHWESTERLY CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 2 SOUTH S1'09'S7- EAST A DISTANCE OF SQ.OO FEET TO THE TRUE POINT OF BEGINNING) THENCE CONTINUING ALONG SAID NORTKSASTERLY LINE SOOTH 51*09'57* EAST A DISTANCE OF 2S.02 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOOTH 36°49'24- MEST A DISTANCE OF 171.74 FEET; THENCE SOUTH 32'32'2B" HEST A DISTANCE OF .31.65; THENCE SOOTH 2S'19'0S' HEST A DISTANCE OF 37.63 FEET; THEMCE SOUTH 3S*46'24' WEST A DISTANCE OF 34.64 FEET; TKESCE NORTH S3»10'3S" WEST A DISTANCE OF S8.99 FEET TO A POINT ON THE EASTERLY RIGHT- OF-WAY LINE OF RANCHO SANTA TE ROAD AS CONVEYED TO THE CITY OF CARLSBAD BY DEED RECORDED , _AS FILE NO. ^GCi/ ^STX^y/f OF OFFICIAL RECORDS, SAID POINT BEING ON A 1,423.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A_ RADIAL LINE TO SAID POINT BEARS NORTH 54*45'43' WEST; TKSMCE NORTHERLY ALONC SAID CURVE THROUGH A CENTRAL ANGLE OF 01'2S'40" A DISTANCE OF 35.46 FSET; THENCE LEAVING SAID EASTERLY RIGOT-OF-HAY LINE SOUTH S3*43'24* EAST A DISTANCE OF IS.40 FEET TO THE BEGINNING OF A 10.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG.SAID CURVE TESOUGK A CENTRAL ANGLE OF 89*27'12' A DISTANCE OF 15.61 FSST; r-2NCE NORTH 36*49'24' EAST A DISTANCE OF 230.22 FEST TO THE TRUE POINT OF BEGINNING; CONTAINING 8,370 SQUARE FEET, KORS OR LESS. STUART PEACE, RCS 27232 EX? 3-31-OS STUART ENGINEERING 7525 METROPOLITAN DR, SUITS 308 SAS DISGO, CA 91108 (619) 296-lCiO ?AX(619) 296-9276 k AVpWE. l^/^Cr/oy AS FILE NO. jtiO/-Cff^/^OP rfeHLY' ALONG SAID RIGHT-OF-WAY' L'INE ALL THAT P0.1TI0N OF PARCEL 2 OF PARCEL MAP NO. 12586, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUKTY RECORDER OF SAN DISGO COUNTY, FEBRUARY 25, 1983, AS FILS HO. 83-060578 OF OFFICIAL RSCORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TKE MOST EASTERLY CORNER OF SAID PARCEL 2; THENCE ALONG TKE SOUTHEASTERLY LINE OF SAID PARCEL 2 SOUTH 38°S0'03" WEST A DISTANCE OF 20.00 FEET TO A POINT ON THE SOUTHERLY RIGHT- OF-WAY LINE OF LA COSTA AVJJW?. AS CONVEYED TO THE CITY OF CARLSBAO BY DEED RECORDED^ OFFICIAL RECORDS; THENCE WESTfe NORTH S1*09'S7- WEST A DISTAMCS OF 29.48 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOOTH 45*17'27- HEST A DISTANCE OF 34.81 FEET TO THE BEGINNING OF A 105.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; TKSHCE SOOTKHESTSRLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11*33'28" A DISTANCE OF 21.18 FSET; THENCE NORTH" 53*10'36- HSST A DISTANCE OF 332.32 FEET TO A POINT ON TKE NORTKWESTSRLY LINE OF SAID PARCEL 2; THENCE NORTH 38*S0'03' EAST ALONG SAID NORTHWESTERLY LINE A DISTANCE OF 43.03 FEST; THENCE SOOTH 28*15'20" EAST A DISTANCE OF 42.72 FEET; THENCE SOOTH 53°10'3S- SAST A DISTANCE OF 84.00 FEET; THENCE NORTH 36'49'24» EAST A DISTANCE OF 37,60 FSET TO A POINT ON SAID LA COSTA AVENUE RIGKI-OF-HAY LIN2; THENCE SOUTH S1»09'S7" EAST ALONG SAID RIGHT- OF-WAY LINE A DISTANCE OF 24.01 FSST; TKSNCE LEAVING SAID RIGHT- OF-WAY- LINE SOOTH 36*49'24- HSST A DISTANCE OF 36.75 FEET; THENCE SOCTK 53*10'36" EAST A DISTANCE OF 143.61 FEET; THENCE NORTH 76*S9'S8' SAST A DISTANCE OF 10.44 FEST TO TKE BEGINNING OF A 10.00 FOOT RADIUS CURVE CONCAVE MORTKWSSTERLY; THENCS NORTHEASTERLY ALONG SAID . CURVE THROUGH A CENTRAL ANGLE OF 40*10'34- A DISTANCE OF 7.01 FSET; TSSNCE NORTK 36'49'.24- EAST A DISTANCE OF 16.95 FSET TO A POINT ON SAID SOUTHERLY RIGKT-OF-HAY LINE; THSNCS SOUTH S1'09'S7- SAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 41.72 FSET TO THS TRUS POINT OF BEGINNING; CONTAINING 10,894 SQUARE FSST, MORE OR LESS. OCT.25.2005 9:2aPM PflCIFIC BONDING NO.585 P.l MIRA MOUNTAIN LIMITED FACSIMILE TRANSMITTAL SHEET MY! y FROM; DATE; PAX TOUXL NO. oe fACSeS IKCaCUDIKO COVER: SSKtSBVS SEFEIIENCB NUMBER: VOUH asnSRSNCB NUUBElti • URGBNT X FOR REVIEW • FLS^B COMMENT DFLEASS REPLY • PLEASE RECYCLE NoTfi5/C0MMEa(«B! 9484 BLACK MOUNTAIN ROAD, SUITE F SAN DIEGO, CA 92126 (858) 271-6701 FAX (858) 271-0752 OCT.25.2005 9:28fiM PfiCIFIC BONDING . NO,585 P.2 DOC # 2004-0159053 FEB 27, 2004 2:53 PM r.25.2005 RECORDING REQUESTED BY AND WHEN RECORDED MAIL OFFICIAL RECORDS THIS DEED AND MAIL TAX SM DIEBO COUNTY RECORDER'S OFFICE STATEMENTS TO: GRE60RY J. 8KI1H> COUKTY FEES: 1028.50 HARKIPAREKH OC: OC 9484 Black Mountain Road, Suite F (if 4 CORPORATION GRANT DEED (Special Warranty) THE UNDERSIGNED GRANTOR DECLARES DOCUMENTARY TRANSFER TAX IS %/^^^ Z computed on full value of pnsperty conveyed, or computed on full value less value of liens or encumbrances remaining at time of sale unincorporated area:, City of ?nn FrandgcOj and FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. CONOCOPHILLIPS COMPANY, a Delaware corporation, successor by merger to Tosco Corporation, a Nevada corporation ("Grantor"), hereby GRANTS to Santa Fe La Costa, LLC, a Califomia limited liability company ("Grantee"), that certain real property in the County of San Diego, State of Califomia described on Exhibit "A" attached hereto and by this reference made a part hereof, together with all rights, privileges, easements, hereditaments and appurtenances pertaining to such real property, including any and all improvements and fixtures cunently attached to and located thereon, but excluding aii gasoline storage tanks and gasoline dispensing equipment, (collectively, the "Property"). SUBJECT, HOWEVER, to the use restrictions described on Exhibit "B" attached hereto and by this reference made a part hereof. 0103 OCT. 25.2005 3--Z8m PfiCIFIC BONDING NO. P.3 26318 TO HAVE AND TO HOLD the Property, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the Grantee, its successors and assigns forever, and the Grantor does hereby bind itself, its successors and assigns, to wanrant and forever defend, all and singular, the Property unto the Grantee, its successors and assigns, against all acts of the Grantor and none other, and except as to those items to which this Corporation Grant Deed is above made subject. EXECUTED this I) ^ day of Febmary. 2004. CONOCOPHI COMPANY L. Bonina Attomey-in-Fact OCT. 25.2005 9:28fil1 PACIFIC BONDING NO.585 P. 4. 26319 CALIFOHNU ALL-PURPOSE ACKNOWLEDGEMENT State of Califomia County of Orange ) on_ardhM ) ss. before me Kathy M. Steininger. personally appeared Phillip L Bonina , 0pe personally known to me iNOTAIW PUBtK^CALinWIilAg ORMieECOUMTY 0 enMI«.e(P.AU6.1fl.WD*f NAME (S) OF SIGNER (5) •-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 in his authorized capacity, and that by his signature on the instrument ihe person, or the entity upon behalf of which the person acted, executed ttie instrument. WITNESS my hand and official seal. oflNotary Q Signature My Commission Expires. OPTIONAL Though the daia below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment ofthis form. CAPACITY CLAIMED BY SIGNER •INDIVIDUAL •COKPORATE OFFICER TITLE(S) •PARTNER(S) •LIMITED or GENERAL •ATTORNEY-IN-FACT •TRUSTEE(S) •GUARDIAN/CONSERVATOR •OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENnTY(IES) SIGNER(S) OTHER THAN NAMED ABOVE OCT.25.2005 9:28fiM PACIFIC BONDING NO.585 P.5' 26320 File No: 03202050 EXHIBIT ^A" Legal description (~The Property) Site No, 2787241 All that certain real property situated in the County of San Dlego, State of California, described as fbllows: PARCEL A: Parcel(s) 1 of Parcel Map No. 12586, in the City of Carlsbad, County of San Dlego, State of California, filed In the Office of the County Recorder of San Diego County, February 25, 1983 as File No. 83-060578 of Official Records. EXCEFnNG THEREFROM all minerals, mineral rights, oil, oil rights, natural gas, natural gas rights, petroleum, petroleum rights, other hydrocarbon substances, geothermai steam, all underground water, and all products derived from any of the foregoing In or under or which may be produced from the property which underiles a plane parallel to and 500 foet below the present surface of the property together with the perpetual right of drilling, mining, exploring and operating therefor and storing In and removing the same from the property or any other land, including the right to whipstock or directionally drill and mine from lands other than the property, oli, water, or gas, wells, tunnels and shafts into, through or across the subsurface ofthe property, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any wells or mines without however the right to drill, mine, store, explore and operate through the surface or the upper 500 feet of the subsurface of the property as reserved by Daon Corporation, in deed recorded March 4, 1983 as RIe No. 83-070357 of Official Records. PARCEL B: An easement and right of way for road and public utility purposes over, under, along and across that portion of said Parcel Map No. 12586, lying with the area delineated and designated thereon as ^Proposed Access Easement to Parcei 1." PARCEL C: A non-exclusive easement for vehicular, ingress, egress and access as conveyed in ""Grant of Easements" recorded September 20, 2001 as File No. 2001-0676897 of Official Records and more fully described as follows: Cl: All that portion of Parcel 2 of Parcel Map No. 12586, in tha City of Carisbad, County of San Dlego, State of California, filed in the Office of the County Recorder of San Diego County, February 25, 1983, as File No. 83-060578 of Official Records, being more particuiariy described as follows: Commencing at the most Northwesterly comer of said Parcel 2; thence along the Nori:heasterly line of said Parcel 2 South 51'09'57* East a distance of 50.00 feet to the True Point of Beginning; thence continuing along said Northeasterly line South 51'09'57* Page 3 OCT.25.2005 9-.29011 PACIFIC BONDING NO.585 P.6 36331 File No: 03202050 East a distance of 25.02 feet; thence leaving said Northeasteriy line South 36»49'24" West a distance of 171.74 feet; thence South 32''32'28' West a distance of 31.65; thence South 26»19'05'' West a distance of 37.63 feet; thence South 36«46'24'' West a distance of 34.64 feet; thence North SS^lO'se" West a distance of 58,99 feet to a point on the Easteriy right-of-way line of Rancho Santa Fe Road as conveyed to the City of Carisbad by Deed recorded July 27, 2001 as File No, 2001-0527919 of Official Records, said point being a 1,423.00 foot radius curye, concave Southeasteriy, a radial line to said point bears North 54»45'43* West; thence Northerly along said curve through a central angle of 0l»25'40'' a distance of 35.46 feet; thence leaving said Easteriy right-of-way line South 53«'43'24* East a distance of 15.40 feet to the beginning of a 10.00 foot radius curve, concave Northeriy; thence Easteriy along said curve through a central angle of 89«'27'12" a distance of 15.61 feet; thence North 36-49'24'' East a distance of 230.22 feet to the True Point of Beginning; containing a 8,370 square feet, more or less. C2: All that portion of Parcel 2 of Parcel Map No. 12586, in the City of Carisbad, County of San Diego, State of California, filed in the Office of the County Reconjer of San Diego County, Febrijary 25, 1983 as File No. 83-060578 of OfTicial Records, being more particuiariy described as follows: Commencing at the most Easterly comer of said Parcei 2; thence along the Southeasteriy line of said Parcel 2 South 38<>50'03'' West a distance of 20.00 feet to a point on the Southeriy right-of-way line of La Costa Avenue as conveyed to the City of Carisbad by Deed recorded July 27, 2001 as RIe No. 2001-0527919 Of Official Records; thence Westeriy along said right-of-way line North 51'09'57'' West a distance of 29.48 feet to ... ..the True Point of Beginning; thence South 45n7'27' West a distance of 34=81 feet to the beginning of a 105.00 foot radius curve, concave Northwesteriy; thence Southwesteriy along said curve through a central angle of ll'>33'28" a distance of 21.18 feet; thence North 53010'36'' West a distance of 332.32 feet to a point on the Northwesteriy line of said Parcel 2; thence North 38'»50'03'' East along said Northwesteriy line a distance of 43.03 feet; thence South 28»l5'20'' East a distance of 42.72 feet; thence South 53»10'36'' East a distance of 84.00 feet; thence North 36''49'24* East a distance of 37.60 feet to a point on said La Costa Avenue right-of-way line; thence South 51*09'57' East along said right-of-way line a distance of 24.01 feet; thence leaving said right-of-way line South 36»49'24" West a distance of 36.75 feet; thence South 53»10'36" East a distance of 143.61 feet; thence North 76«59'58" East a distance of 10.44 feet to the beginning of a 10.00 foot radius curve concave Northwesterly; thence Northeasteriy along said curve through a central angle of 40no'34'' a distance of 7,01 feet; thence North 36'*49'24'' East a distance of 16.95 feet to a point on said Southeriy right-of-way line; thence South 5i''09'S7'' East along said right-of-way line a distance of 41.72 feet to the True Point of Beginning; containing 10,894 square feet, more or less. Assessor's Pan»l Number: 2Z3-060-28 Page 4 OCT.25.2005 9:29AM PACIFIC BONDING ^ NO.585 P.7 26322 EXHIBIT B Site 2787241 (Use Restrictions) Grantee acknowledges that for a period of thirty (30) years after the recording of this instrument, neither Grantee, its successors, assigns, legai representatives, lessees, or sublessees shall use the Real Property for or allow the Real Property to be used for: • The storage or sale of motor vehicle fuels In the event these restrictions are violated. Grantor, its successors or assigns shali have the right to pursue any remedy available in law or equity against Grantee or its successors or assigns, specificallv including, the right to enjoin the offending use ofthe Real Property. These restrictions shall run with the land. 0103 9:29Pt1 "Ml CURRENT OWNER SPECIAL MESSACES (a77)TAX4SDC(82S-»732) ] f619)S31.60S6 I HflilM WWW.3DTREASTAX.COM ] SANTA FC LA COSTA LLC C/O HARKI PARlKH •484 BLACK MOUNTAIN RD 0r SAN DIEGO CA 92126 Fot Fiwal Year 8«fiinnlng July 1, 2005 and Ending June 30,200e PROPERTY AUDR6SS DESCRIPTION - SUBDIVISION OOOOO RANCHO SftNT« FE BD (EX ST) PAR 1 PARCEL MAP NQ 145BB i7l.f.MIUUiJ}t.l $ 93S30O 933300 ^.p.f.^JIHIl>J.WJJ OS/17704 LAND IMPROVEMENTS TOTAL L&I PERSONAL PROPERTY EXEMPTIONS HOMEOWNERS S aitlER, .- NET TAXABLE VALUE 833300 OWNER MESSAGES SANTA FE LA COSTA LLC Z92126 027O7S 1S308 1/1 RETAIN THIS PORTION FOR YOUR RECOROS ^ rAHCt-L NO ^® IAX KAIL AKEA^ '(DCORTAC NO"' I IRST INSIAl.l.MENT ^(EStCONlj INSTALLMENT T T(J, TOTAL out ^ 223-010-28-00 1 0904S 4919.67 l+l 4919.67 |~| 9S39.34 1 YOUR TAX DISTRIBUTION tJASE kATE TAXA^/IOUMT TAX BILL TO PAY avJ INSTALLMENT SEND THIS STUB WnW YOUR PAWINT wnta y^r Parctl No. on your dwck. PLEASE SEPARATE AUtl INCLUDE BOTH STUBS IF RAYING BOTH INSTALLMENTS SAN DIEGO COUNTY 2005 - 2006 SECURED PROPERTY TAX For Fiscal Year Baginning July 1,2005 and Ending June 30,2006 'to PARCEL NO ^(D TAX KAfL AULA coRiAC NO^ai riuroATr DfLINQULNI DAIL '3l TO PAY EOTM INS lALLMfcNI S BV DEC. 1u 223 oao 21 00 1 0B041 1 1 02-01-06 1 04-10-06 9639.34 ST23 SANTA FE LA COSTA LLC C/O HABKI PAREKH S4S4 BLACK MOUNTAIN RD ifF SAN DIEGO CA 92126 San Dleso County Tteas«irer.Tax Conector Pay Onllna WWW.SDTREASTAX.COM $ 5421.63 MaKe check, wyaUe to: SAN DIEQO COUNTY TREASURER-TAX COLLECTOR P.O. BOX12SQ09 San Dia$o, CaH»»|« 32112 Second Installmant ivuwme>ir*«tw>° ONORiEFCME APRIL 10,2006 4919.67 FAY THIS AMOUNT OSDOOH'=il'=ih7SS3DbG2aaDSDD04inb7S230b02flDD31 HH TO PAY 1« INSTALLMENT SEW TMIS STUB WITH YOUR PAYMENT Write your Parcel No. on your liiecfc. PLEASE SEPARATE ANO INCLUOE BOTH sruoi IF BAYING HOTH INSTALLMENTS SAN DIEGO COUNTY 2005 -2006 SECURED PROPERTY TAX For Rscal Year Beginning July 1,200S and Ending Juns 30,2006 'to PARCEL NO "'(D TAX RATE AREA "'fijjCORTAC N0,"'5l Cut UATE ^Ji DELINQUENT DATE "''® 10 I'AY BOTH INSTALLMENTS BY DtC ICM 223 OQO SB 00 ]09045j111-01-05 1 12-10-05] 9839.34 n ST23 SANTA FE LA COSTA LLC C/D HARKI PAREKH 9484 BLACK MOUNTAIN RD «F SAN DIESO CA 92126 Snn Diego County TrofUuror'Tax CollOCtor Pmy Onlina WWW.SDTREASTAX.COM 5411.S3 MiKe onedo payelile to: SfiN DIEGO COUNTY TREASURER-TAX COLLECTOR P.O. BOX 129009 Sm D\Bff>, CaMsmle 02112 FTrct Installment AuMVaeKTWiIWI MOABGFMB DECEMBER 10,2009 0 4919.67 BAYTHIS AMOUNT QlDDD411'ib72S30bQSaa01D0DHinL7523DbDEfi0D31 riri •Stewart m-zio-oz I •title of California u STEWART TITLE OF CALIFORNIA, INC., SAN DIEGO DIVISION 7675 MISSION VALLEY RD. SAN DIEGO, CA. 92108 (619) 692-1600 ww.stewartsd.com MEMBER CALIFORNIA LAND TITLE ASSOCIATION PRELIMINARY REPORT RUSSELL STOUT & ASSOCIATES 4635 CASS STREET SAN DIEGO, CA 92109 Attn: MR. RUSS STOUT Order Number: 01-0264605 Your Reference: 223-060-28 In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc. hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referenced to as an Exception on Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forms. The printed exceptions and exclusions from the coverage of said policy or policies are set forth in the attached list. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance a binder or commitment should be requested. Dated as of September 14, 2006 at 7:30 A.M. Print date: September 22, 2006 FIRST SUPERSEDING FRANK GREEN, Title Officer (619) 692-1600 Fax: (619) 398-8149 01-0264605 PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report is: SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE AS TO PARCEL A; AN EASEMENT AS TO PARCEL B. Title to said estate or interest at the date hereof is vested in: SANTA FE LA COSTA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 01-0264605 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of SAN DIEGO, and is described as follows. PARCEL A: PARCEL 1 OF PARCEL MAP NO. 12586, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 25, 1983 AS FILE NO. 83-060578 OF OFFICIAL RECORDS. EXCEPTING THEREFROM ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, PETROLEUM RIGHTS, OTHER HYDROCARBON SUBSTANCES, GEOTHERMAL STEAM, ALL UNDERGROUND WATER, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING IN OR UNDER OR WHICH MAY BE PRODUCED FROM THE PROPERTY WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE DRILLING, MINING, IN AND REMOVING PROPERTY TOGETHER WITH THE PERPETUAL RIGHT OF EXPLORING AND OPERATING THEREFOR AND STORING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY, OIL, WATER, OR GAS, WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY WELLS OR MINES WITHOUT HOWEVER THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY AS RESERVED BY DAON CORPORATION, IN DEED RECORDED MARCH 4, 1983 AS FILE NO. 83-070357 OF OFFICIAL RECORDS. PARCEL B: A NON-EXCLUSIVE EASEMENT FOR VEHICULAR, INGRESS, EGRESS AND ACCESS AS CONVEYED IN "GRANT OF EASEMENTS" RECORDED SEPTEMBER 20, 2001 AS FILE NO. 2001-0676897 OF OFFICIAL RECORDS AND MORE FULLY DESCRIBED AS FOLLOWS: PARCEL Bl: ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 12 5 86, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 25, 1983 AS FILE NO. 83-060578 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 01-0264605 COMMENCING AT THE MOST NORTHWESTERLY CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 2 SOUTH 51°09'57" EAST A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE SOUTH 51°09'57" EAST A DISTANCE OF 25.02 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 36°49'24" WEST A DISTANCE OF 171.74 FEET; THENCE SOUTH 32°32'28" WEST A DISTANCE OF 31.65; THENCE SOUTH 26°19'05" WEST A DISTANCE OF 37.63 FEET; THENCE SOUTH 36°46'24" WEST A DISTANCE OF 34.64 FEET; THENCE NORTH 53°10'36" WEST A DISTANCE OF 58.99 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF RANCHO SANTA FE ROAD AS CONVEYED TO THE CITY OF CARLSBAD BY DEED RECORDED JULY 27, 2001 AS FILE NO. 2001-0527919 OF OFFICIAL RECORDS, SAID POINT BEING A 1,423.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 54°45'43" WEST; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF01°25'40" A DISTANCE OF 3 5.46 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 53°43'24" EAST A DISTANCE OF 15.40 FEET TO THE BEGINNING OF A 10.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°27'12" A DISTANCE OF 15.61 FEET; THENCE NORTH 36°49'24" EAST A DISTANCE OF 230.22 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING A 8.370 SQUARE FEET, MORE OR LESS. PARCEL B2: ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 12586, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 25, 1983 AS FILE NO. 83-060578 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF SAID PARCEL 2; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 2 SOUTH 38°50'03" WEST A DISTANCE OF 20.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF LA COSTA AVENUE AS CONVEYED TO THE CITY OF CARLSBAD BY DEED RECORDED JULY 27, 2001 AS FILE NO. 2001-0527919 OF OFFICIAL RECORDS; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY LINE NORTH 51°09'57" WEST A DISTANCE OF 29.48 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45°17'27" WEST A DISTANCE OF 34.81 FEET TO THE BEGINNING OF A 105.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°33'28" A DISTANCE OF 21.18 FEET; THENCE NORTH 53°10'36" WEST A DISTANCE OF 332.32 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID PARCEL 2; THENCE NORTH 38°50'03" EAST ALONG SAID NORTHWESTERLY LINE A DISTANCE OF 43.04 FEET; THENCE SOUTH 28°15'20" EAST A DISTANCE OF 42.72 FEET; THENCE SOUTH 53°10'36" EAST A DISTANCE OF 84.00 FEET; THENCE NORTH 36°49'24" EAST A DISTANCE OF 37.60 FEET TO A POINT ON SAID LA COSTA AVENUE RIGHT-OF-WAY LINE; THENCE SOUTH 01-0264605 51°09'57" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 24.01 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 36°49'24" WEST A DISTANCE OF 36.75 FEET; THENCE SOUTH 53°10'36" EAST A DISTANCE OF 143.61 FEET; THENCE NORTH 76°59'58" EAST A DISTANCE OF 10.44 FEET TO THE BEGINNING OF A 10.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40°10'34" A DISTANCE OF 7.01 FEET; THENCE NORTH 36°49'24" EAST A DISTANCE OF 16.95 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE SOUTH 51°09'57" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 41.72 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 10,894 SQUARE FEET, MORE OR LESS. End of Legal Description -4- 01-0264605 SCHEDULE B At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows: 1. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 2006-2007, A LIEN NOT YET PAYABLE. lA. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 2005-2006 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: SECOND INSTALLMENT: LAND: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO. $4,919.67 PAID $4,919.67 PAID $933,300.00 $0 . 00 $0.00 09045 223-060-28-00 IB. AN ASSESSMENT BY THE IMPROVEMENT DISTRICT SHOWN BELOW ASSESSMENT OOOO 96-1 MBIA MUNI FINANCIAL OLIVENHAIN WATER STORAGE PROJECT OCTOBER 4, 1996 (OR BOND) NO: SERIES: DISTRICT: FOR: BOND ISSUED: ORIGINAL AMOUNT: $2,149.02 SAID ASSESSMENT IS COLLECTED WITH THE COUNTY/CITY PROPERTY TAXES. IC. 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. 2. EASEMENTS AND RIGHTS OF WAY FOR ROAD AND PUBLIC UTILITIES AND INCIDENTAL PURPOSES, OVER, UNDER, ALONG AND ACROSS THOSE EASEMENT PARCELS HEREIN DESCRIBED, AS CONVEYED AND RESERVED BY VARIOUS DEEDS OF RECORD. 3. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: FOR: THE COUNTY OF SAN DIEGO THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT OF -5- 01-0264605 RECORDED: WAY GRANTED THEREIN WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE FEBRUARY 16, 1967 AS FILE NO. 21427, OF OFFICIAL RECORDS LOCATION OF SAID EASEMENT CANNOT BE PLOTTED FROM RECORD. 4. AN EASEMENT AFFECTING SAID HEREIN AND INCIDENTAL PURPOSES LAND FOR THE PURPOSES STATED IN FAVOR OF; FOR: RECORDED: THE CITY OF CARLSBAD THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT OF WAY GRANTED THEREIN WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE JULY 19, 1977 AS FILE NO. 77-281161, OF OFFICIAL RECORDS LOCATION OF SAID EASEMENT CANNOT BE PLOTTED FROM RECORD. 5. AN AGREEMENT PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: TO WHICH REFERENCE IS HEREBY MADE FOR FULL NOT SHOWN DEVELOPER-OWNER AND THE CITY OF CARLSBAD PAYMENT OF A PUBLIC FACILITIES FEE APRIL 14, 1982 AS FILE NO. 82-102776, OF OFFICIAL RECORDS AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: NOT SHOWN DEVELOPER-OWNER AND THE CITY OF CARLSBAD PAYMENT OF A PUBLIC FACILITIES FEE JUNE 16, 1982 AS FILE NO. 82-185683, OF OFFICIAL RECORDS 7. PROVISIONS OF THE DEDICATION STATEMENT ON THE MAP OF THE TRACT SHOWN BELOW WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME PARCEL MAP NO.: STREET AFFECTED; 12586 THAT PORTION OF PARCEL A ADJACENT TO RANCHO SANTA FE ROAD AND LA COSTA AVENUE 8. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES FOR; TRANSMISSION LINES, CABLES, CONDUITS, MANHOLES, MARKERS AND OTHER FACILITIES, FOR A COMMUNITY ANTENNA TELEVISION SYSTEM AND THE RIGHT TO ENTER THEREON TO SERVICE, MAINTAIN, REPAIR, -6- 01-0264605 RECORDED: RECONSTRUCT, IMPROVE AND REPLACE SUCH FACILITIES MARCH 4, 1983 AS FILE NO. 83-070357, OF OFFICIAL RECORDS LOCATION OF SAID EASEMENT CANNOT BE PLOTTED FROM RECORD. 9. THE FOLLOWING RECITAL AS CONTAINED IN DEED RECORDED MARCH 4, 1983 AS FILE NO. 83-070357 OF OFFICIAL RECORDS. "GRANTEE HEREBY COVENANTS AND AGREES BY THE RECORDING OF THIS DEED THAT THE COVENANTS AND CONDITIONS OF GRANTEE BE PERFORMED AFTER RECORDATION OF THIS DEED UNDER THAT CERTAIN PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS DATED APRIL 7, 1982 ("PURCHASE AGREEMENT"), AND ALL AMENDMENTS THERETO, BETWEEN GRANTOR AND GRANTEE, INCLUDING, WITHOUT LIMITATIONS THE COVENANTS AND CONDITIONS UNDER EXHIBIT "G" (GENERAL CONDITIONS) TO THE PURCHASE AGREEMENT, SHALL BE CONSTRUED TO BE COVENANTS RUNNING WITH THE LAND, AND THE WORD "BUYER" IN THOSE COVENANTS AND CONDITIONS SHALL ALSO INCLUDE ANY SUCCESSORS IN INTEREST OF GRANTEE IN THE PROPERTY OR ANY PORTION THEREOF. UPON THE FULL PERFORMANCE OF THESE COVENANTS, GRANTOR AGREES TO SIGN A RELEASE OF THE COVENANTS RUNNING WITH THE LAND AS EACH PHASE OF GRANTEE'S DEVELOPMENT OF THE PROPERTY HAS BEEN SOLD BY GRANTEE." 10. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: MARCH 26, 1998 BY AND BETWEEN: DANIELS CABLEVISION, INC., A DELAWARE CORPORATION AND LA COSTA VILLAGE, INC., A CORPORATION REGARDING: COMMERCIAL RIGHT OF ENTRY AGREEMENT RECORDED: MAY 21, 1998 AS FILE NO. 1998-0299761, OF OFFICIAL RECORDS 11. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED DECEMBER 28, 1998 AS FILE NO. 1998-0849878 OF OFFICIAL RECORDS BUT OMITTING ANY COVENANT, CONDITIONS AND RESTRICTION, IF ANY, BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN, SEXUAL ORIENTATION, MARITAL STATUS, ANCESTRY, DISABILITY OR SOURCE OF INCOME UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT, CONDITIONS AND RESTRICTION (A) IS EXEMPT UNDER TITLE 42 OF THE UNITED STATES CODE, OR (B) RELATES TO HANDICAP, BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTIONS BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID. ANY -7- 01-0264605 PERSON HOLDING AN INTEREST IN THIS PROPERTY MAY REQUEST THAT THE COUNTY RECORDER REMOVE THE RESTRICTIVE LANGUAGE PURSUANT TO SUBDIVISION (C) OF SECTION 12956.1 OF THE GOVERNMENT CODE. 12. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: FOR: RECORDED: CITY OF CARLSBAD, A MUNICIPAL CORPORATION PUBLIC STREET AND PUBLIC UTILITY PURPOSES SEPTEMBER 13, 2001 AS FILE NO. 2001-0658897, OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 13. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF; FOR: RECORDED: CITY OF CARLSBAD, A MUNICIPAL CORPORATION SLOPE PURPOSES SEPTEMBER 13, 2001 AS FILE NO. 2001-0658898, OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 14. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF; FOR: RECORDED: CITY OF CARLSBAD, A MUNICIPAL CORPORATION SLOPE CONSTRUCTION PURPOSES SEPTEMBER 13, 2001 AS FILE NO. 2001-0658899, OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 15. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: AUGUST 1, 2001 RANCHO LA COSTA VILLAGE LLC AND TOSCO CORPORATION EASEMENT AGREEMENT SEPTEMBER 20, 2001 AS FILE NO. 2001-0676897 OF OFFICIAL RECORDS 16. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: AUGUST 1, 2 001 RANCHO LA COSTA VILLAGE, LLC, A CALIFORNIA •8- 01-0264605 REGARDING; RECORDED: LIMITED LIABILITY COMPANY AND TOSCO CORPORATION, A NEVADA CORPORATION RESTRICTIVE COVENANTS, RECIPROCAL EASEMENTS AND MAINTENANCE AGREEMENT SEPTEMBER 20, 2001 AS FILE NO. 2001-0676898, OF OFFICIAL RECORDS 17. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED FEBRUARY 27, 2004 AS FILE NO. 2004-0159053 OF OFFICIAL RECORDS BUT OMITTING ANY COVENANT, CONDITIONS AND RESTRICTION, IF ANY, BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN, SEXUAL ORIENTATION, MARITAL STATUS, ANCESTRY, DISABILITY OR SOURCE OF INCOME UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT, CONDITIONS AND RESTRICTION (A) IS EXEMPT UNDER TITLE 42 OF T'HE UNITED STATES CODE, OR (B) RELATES TO HANDICAP, BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTIONS BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID. ANY PERSON HOLDING AN INTEREST IN THIS PROPERTY MAY REQUEST THAT THE COUNTY RECORDER REMOVE THE RESTRICTIVE liANGUAGE PURSUANT TO SUBDIVISION (C) OF SECTION 12956.1 OF THE GOVERNMENT CODE. END OF EXCEPTIONS Typist Initials: FG Print date: September 22, 2006 -9- STEWART TITLE OF CALIFORNIA, INC., SANDIEGO DIVISION 7675 MISSION VALLEY ROAD SANDIEGO, CA 92108 PHONE (619) 692-1600 FAX (619) 398-8149 PLEASE NOTE OUR NEW ADDRESS ABOVE. THE MAIN PHONE # IS STILL THE SAME. RUSSELL STOUT & ASSOCIATES 4635 CASS STREET SANDIEGO, CA92109 Attn. Mr. Russ Stout ORDERNO. 01-0264605 DATE: December 30, 2005 REF.: 223-060-28 We are sending you the items checked below X Copy of Item(s) _\_ per your request. Policy of Title Insurance per your request. X Preliminary Title Report dated as of December 13, 2005 X Plat Map Conformed Documents Endorsement Invoice Justin Wolter -for Frank Green Commercial Title Officer S0 STEWART TITLE OF CALIFORNIA, INC., SAN DIEGO DIVISION 7675 MISSION VALLEY RD. SAN DIEGO, CA. 92108 (619) 692-1600 www.stewartsd.com MEMBER CALIFORNIA LAND TITLE ASSOCIATION PRELIMINARY REPORT RUSSELL STOUT & ASSOCIATES 4635 CASS STREET SAN DIEGO, CA 92109 Attn: MR. RUSS STOUT Order Number: 01-0264605 Your Reference: 223-060-28 In response to the above referenced application for a Policy of Title Insurance, Stewart Title of Califomia, Inc. hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referenced to as an Exception on Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forms. The printed exceptions and exclusions from the coverage of said policy or policies are set forth in the attached list. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating'the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance a binder or commitment should be requested. Dated as of December 13, 2005 at 7:30 A.M. Print date: December 22, 2005 FRANK GREEN, Tide Officer (619) 692-1600 Fax: (619) 398-8149 01-0264605 PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report is: SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE AS TO PARCEL A; AN EASEMENT AS TO PARCEL B. Title to said estate or interest at the date hereof is vested in SANTA FE LA COSTA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY -1- 01-0264605 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of SAN DIEGO, and is described as follows. PARCEL A: PARCEL 1 OF PARCEL MAP NO. 12 58 6, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 25, 1983 AS FILE NO. 83-060578 OF OFFICIAL RECORDS. EXCEPTING THEREFROM ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, PETROLEUM RIGHTS, OTHER HYDROCARBON SUBSTANCES, GEOTHERMAL STEAM, ALL UNDERGROUND WATER, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING IN OR UNDER OR WHICH MAY BE PRODUCED FROM THE PROPERTY WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE PROPERTY TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY, OIL, WATER, OR GAS, WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY WELLS OR MINES WITHOUT HOWEVER THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY AS RESERVED BY DAON CORPORATION, IN DEED RECORDED MARCH 4, 1983 AS FILE NO. 83-070357 OF OFFICIAL RECORDS. PARCEL B: A NON-EXCLUSIVE EASEMENT FOR VEHICULAR, INGRESS, EGRESS AND ACCESS AS CONVEYED IN "GRANT OF EASEMENTS" RECORDED SEPTEMBER 20, 2001 AS FILE NO. 2001-0676897 OF OFFICIAL RECORDS AND MORE FULLY DESCRIBED AS FOLLOWS : . ;• PARCEL Bl: ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 12 586, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 25, 1983 AS FILE NO. 83-060578 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: -2 01-0264605 COMMENCING AT THE MOST NORTHWESTERLY CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 2 SOUTH 51°09'57" EAST A DISTANCE OF 50.0 0 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE SOUTH 51°09'57" EAST A DISTANCE OF 2 5.02 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 36°49'24" WEST A DISTANCE OF 171.74 FEET; THENCE SOUTH 32°32'28" WEST A DISTANCE OF 31.65; THENCE SOUTH 26°19'05" WEST A DISTANCE OF 37.63 FEET; THENCE SOUTH 3 6°46'24" WEST A DISTANCE OF 34.64 FEET; THENCE'NORTH 53°10'36" WEST A DISTANCE OF 58.99 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF RANCHO SANTA FE ROAD AS CONVEYED TO THE CITY OF CARLSBAD BY DEED RECORDED JULY 27, 2001 AS FILE NO. 2001-0527919 OF OFFICIAL RECORDS, SAID POINT BEING A 1,423.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL BEARS NORTH 54°45'43" WEST; NORTHERLY ALONG CENTRAL ANGLE OF 01°25'40" A DISTANCE OF LEAVING SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 15.4 0 FEET TO THE BEGINNING RADIUS CURVE, CONCAVE NORTHERLY; THENCE CURVE THROUGH A CENTRAL ANGLE OF 89°27'12" A LINE TO SAID POINT SAID CURVE THROUGH A 3 5.46 FEET; THENCE SOUTH 53°43'24" EAST OF A 10.00 FOOT EASTERLY ALONG SAID DISTANCE OF 15.61 FEET; THENCE NORTH 36°49'24" EAST A DISTANCE OF 230.22 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING A 8.370 SQUARE FEET, MORE OR LESS. PARCEL B2: ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 12 586, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 25, 1983 AS FILE NO. 83-060578 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF SAID PARCEL 2; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 2 SOUTH 38°50'03" WEST A DISTANCE OF 20.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF LA COSTA AVENUE AS CONVEYED TO THE CITY OF CARLSBAD BY DEED RECORDED JULY 27, 2 001 AS FILE NO. 2001-0527919 OF OFFICIAL RECORDS; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY LINE NORTH 51°09'57" WEST A DISTANCE OF 29.48 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45°17'27" WEST A DISTANCE OF 34.81 FEET TO THE BEGINNING OF A 105.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°33'28" A DISTANCE OF.;21.18 FEET; THENCE NORTH 53°10'36" WEST A DISTANCE OF 3 32.32 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID PARCEL 2; THENCE NORTH 38°50'03" EAST ALONG SAID NORTHWESTERLY LINE A DISTANCE OF 4 3.04 FEET; THENCE SOUTH 28°15'20" EAST A DISTANCE OF 42.72 FEET; THENCE SOUTH 53°10'36" EAST A DISTANCE OF 84.00 FEET; THENCE NORTH 36°49'24" EAST A DISTANCE OF 37.60 FEET TO A POINT ON SAID LA COSTA AVENUE RIGHT-OF-WAY LINE; THENCE SOUTH 01-0264605 51°09'57" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 24.01 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 36°49.,',24" WEST A DISTANCE OF 3 6.75 FEET; THENCE SOUTH 53°10'36" EAST A DISTANCE OF 14 3.61 FEET; THENCE NORTH 76°59'58" EAST A DISTANCE OF 10.44 FEET TO THE BEGINNING OF A 10.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40°10'34" A DISTANCE OF 7.01 FEET; THENCE NORTH 36°49'24" EAST A DISTANCE OF 16.95 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE SOUTH 51°09'57" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 41.72 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 10,894 SQUARE FEET, MORE OR LESS. End of Legal Description 01-0264605 SCHEDULE B At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows: 1. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 2005-2006 INCLUDING PERSONAL PROPERTY TAX, IF ANY. FIRST INSTALLMENT: SECOND INSTALLMENT: LAND: IMPROVEMENTS : EXEMPT: CODE AREA: PARCEL NO. $4,919.67 DELINQUENT $491.97 PENALTY $4,919.67 OPEN $933,300.00 $0.00 $0 . 00 09045 223-060-28-00 SUBJECT TO THE CONDITION THAT AT THE TIME OF CLOSING, PROOF OF PAYMENT MUST BE SUBMITTED TO THIS COMPANY. ANY DELINQUENCY OR SUPPLEMENTAL TAXES OR FUNDS WILL BE HELD FOR A PERIOD OF SIXTY (60) DAYS FROM THE DATE OF PAYMENT. lA. AN ASSESSMENT ASSESSMENT BY THE IMPROVEMENT DISTRICT SHOWN BELOW (OR BOND) NO; SERIES: DISTRICT: FOR: BOND ISSUED: ORIGINAL AMOUNT: OOOO 96-1 MBIA MUNI FINANCIAL OLIVENHAIN WATER STORAGE PROJECT OCTOBER 4, 1996 $2,149 . 02 SAID ASSESSMENT IS COLLECTED WITH THE COUNTY/CITY PROPERTY TAXES. IB. 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. 2. EASEMENTS AND RIGHTS OF WAY FOR ROAD AND PUBLIC UTILITIES AND INCIDENTAL PURPOSES, OVER, UNDER, ALONG AND ACROSS THOSE EASEMENT PARCELS HEREIN DESCRIBED, AS CONVEYED AND RESERVED BY VARIOUS DEEDS OF RECORD. 3. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: FOR: THE COUNTY OF SAN DIEGO THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE -5- 01-0264505 RECORDED: STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT OF., WAY GRANTED THEREIN WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE FEBRUARY 16, 1967 AS FILE NO. 21427, OF OFFICIAL RECORDS LOCATION OF SAID EASEMENT CANNOT BE PLOTTED FROM RECORD, 4. AN EASEMENT AFFECTING SAID HEREIN AND INCIDENTAL PURPOSES LAND FOR THE PURPOSES STATED IN FAVOR OF: FOR: RECORDED: THE CITY OF CARLSBAD THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT OF WAY GRANTED THEREIN WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE JULY 19, 1977 AS FILE NO. 77-281161, OF OFFICIAL RECORDS LOCATION OF SAID EASEMENT CANNOT BE PLOTTED FROM RECORD. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: NOT SHOWN DEVELOPER-OWNER AND THE CITY OF CARLSBAD PAYMENT OF A PUBLIC FACILITIES FEE APRIL 14, 1982 AS FILE NO. 82-102776, OF OFFICIAL RECORDS 6 . AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: NOT SHOWN DEVELOPER-OWNER AND THE CITY OF CARLSBAD PAYMENT OF A PUBLIC FACILITIES FEE JUNE 16, 1982 AS FILE NO. 82-185683, OF OFFICIAL RECORDS 7. PROVISIONS OF THE DEDICATION STATEMENT ON THE MAP OF THE TRACT SHOWN BELOW WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AMD EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME PARCEL MAP NO. : STREET AFFECTED: 12586 .;• THAT PORTION OF PARCEL A ADJACENT TO RANCHO SANTA FE ROAD AND LA COSTA AVENUE 8, AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES FOR: TRANSMISSION LINES, CABLES, CONDUITS, MANHOLES, MARKERS AND OTHER FACILITIES, FOR A COMMUNITY -6- 01-0264605 RECORDED: ANTENNA TELEVISION SYSTEM AND THE RIGHT TO ENTER THEREON TO SERVICE, MAINTAIN, REPAIR, RECONSTRUCT, IMPROVE AND REPLACE SUCH FACILITIES MARCH 4, 1983 AS FILE NO. 83-070357, OF OFFICIAL RECORDS LOCATION OF SAID EASEMENT CANNOT BE PLOTTED FROM RECORD. 9. THE FOLLOWING RECITAL AS CONTAINED IN DEED RECORDED MARCH 4, 1983 AS FILE NO. 83-070357 OF OFFICIAL RECORDS. "GRANTEE HEREBY COVENANTS AND AGREES BY THE RECORDING OF THIS DEED THAT THE COVENANTS AND CONDITIONS OF GRANTEE BE PERFORMED AFTER RECORDATION OF THIS DEED UNDER THAT CERTAIN PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS DATED APRIL 7, 1982 ("PURCHASE AGREEMENT"), AND ALL AMENDMENTS THERETO, BETWEEN GRANTOR AND GRANTEE, INCLUDING, WITHOUT LIMITATIONS THE COVENANTS AND CONDITIONS UNDER EXHIBIT "G" (GENERAL CONDITIONS) TO THE PURCHASE AGREEMENT, SHALL BE CONSTRUED TO BE COVENANTS RUNNING WITH THE LAND, AND THE WORD "BUYER" IN THOSE COVENANTS AND CONDITIONS SHALL ALSO INCLUDE ANY SUCCESSORS IN INTEREST OF GRANTEE IN THE PROPERTY OR ANY PORTION THEREOF. UPON THE FULL PERFORMANCE OF THESE COVENANTS, GRANTOR AGREES TO SIGN A RELEASE OF THE COVENANTS RUNNING WITH THE LAND AS EACH PHASE OF GRANTEE'S DEVELOPMENT OF THE PROPERTY HAS BEEN SOLD BY GRANTEE." 10. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: MARCH 26, 1998 BY AND BETWEEN: DANIELS CABLEVISION, INC., A DELAWARE CORPORATION AND LA COSTA VILLAGE, INC., A CORPORATION REGARDING: COMMERCIAL RIGHT OF ENTRY AGREEMENT RECORDED: MAY 21, 1998 AS FILE NO. 1998-0299761, OF OFFICIAL RECORDS 11. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED DECEMBER 28, 1998 AS FILE NO. 1998-0849878 OF OFFICIAL RECORDS BUT OMITTING ANY COVENANT, CONDITIONS AND RESTRICTION, IF ANY, BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN, SEXUAL ORIENTATION, MARITAL STATUS, ANCESTRY, DISABILITY OR SOURCE OF INCOME UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT, CONDITIONS AND RESTRICTION •;(A) IS EXEMPT UNDER TITLE 42 OF THE UNITED STATES CODE, OR (B) RELATES TO HANDICAP, BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTIONS BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, •7- 01-0264605 DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID..,, ANY PERSON HOLDING AN INTEREST IN THIS PROPERTY MAY REQUEST THAT THE COUNTY RECORDER REMOVE THE RESTRICTIVE LANGUAGE PURSUANT TO SUBDIVISION (C) OF SECTION 12956.1 OF THE GOVERNMENT CODE. 12. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF FOR: RECORDED: CITY OF CARLSBAD, A MUNICIPAL CORPORATION PUBLIC STREET AND PUBLIC UTILITY PURPOSES SEPTEMBER 13, 2001 AS FILE NO. 2001-0658897, OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 13. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: FOR: RECORDED: CITY OF CARLSBAD, A MUNICIPAL CORPORATION SLOPE PURPOSES SEPTEMBER 13, 2001 AS FILE NO. 2 0 01-0658898, OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 14. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: FOR: RECORDED: CITY OF CARLSBAD, A MUNICIPAL CORPORATION SLOPE CONSTRUCTION PURPOSES SEPTEMBER 13, 2001 AS FILE NO. 2001-0658899, OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 15. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS AUGUST 1, 2 001 •;• RANCHO LA COSTA VILLAGE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND TOSCO CORPORATION, A NEVADA CORPORATION RESTRICTIVE COVENANTS, RECIPROCAL EASEMENTS AND MAINTENANCE AGREEMENT SEPTEMBER 20, 2001 AS FILE NO. 2 0 01-0676898, OF OFFICIAL RECORDS DATED: BY AND BETWEEN REGARDING: RECORDED: 01-0264605 16. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED FEBRUARY 27, 2004 AS FILE NO. 2004-0159053 OF OFFICIAL RECORDS BUT OMITTING ANY COVENANT, CONDITIONS AND RESTRICTION, IF ANY, BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN, SEXUAL ORIENTATION, MARITAL STATUS, ANCESTRY, DISABILITY OR SOURCE OF INCOME UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT, CONDITIONS AND RESTRICTION (A) IS EXEMPT UNDER TITLE 42 OF THE UNITED STATES CODE, OR (B) RELATES TO HANDICAP, BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTIONS BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID. ANY PERSON HOLDING AN INTEREST IN THIS PROPERTY MAY REQUEST THAT THE COUNTY RECORDER REMOVE THE RESTRICTIVE LANGUAGE PURSUANT TO SUBDIVISION (C) OF SECTION 12956.1 OF THE GOVERNMENT CODE. END OF EXCEPTIONS Typist Initials: JW2 Print date: December 22, 2005 01-0264605 NOTES None •lO- 01-0264605 CALIFORNIA "GOOD FUNDS" LAW California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available prior to disbursement. Funds received by Stewart Title of California, Inc. (Stewart Title) via wire transfer may be disbursed upon receipt. Funds received via cashier's checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit. If funds are received by any other means, recording and/or disbursement may be delayed, and you should contact your title or escrow officer. All escrow and sub-escrow funds received will be deposited with other escrow funds in one or more non-interest bearing escrow accounts in a financial institution selected by Stewart Title. Stewart Title may recieve certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and Stewart Title shall have no obligation to account to the depositing party in any manner for the value of, or pay to such party, any benefit received by Stewart Title. Such benefits shall be deemed additional compensation to Stewart Title for its services in connection with the escrow or sub-escrow. WIRING INSTRUCTIONS 1. Union Bank of California 530 "B" Street San Diego, CA 92101 2. ABA #122-000-496 3. Credit: Stewart Title of California, Inc. San Diego Division 4. Account #9120054632 5. Reference Title Officer: FRANK GREEN and Order Number: 01-0264605 • ;• NOTE: If this Company is to payoff a Deed of Trust securing a Line of Credit, Additional Advance, Construction Loan or "any other type of loan with future advance capabilities, we require that these accounts be frozen at least 48 hours prior to closing. Failure to freeze such accounts may delay closing and payoff disbursements. If we are to payoff a Deed of Trust which contains any type of Foreclosure Costs, please advise your Title Dept. as these must be verified prior -11- 01-0264605 to closing. If you have any questions regarding payoffs please contact the Title Unit or the Payoff Dept. "For Information regarding the Stability and Financial Statistics for Stewart Title of California, Inc. San Diego Division, please contact: Loretta Granger-Medrano, (619) 692-1600 Frank Green, Manager/Advisory Title Officer. . . (619) 398-8035 Danette Starling, Commercial Title Officer . . . (619) 398-8034 Laura Heath, Commercial Title Assistant (619) 398-8033 Or Facsimile Number (619) 398-8149 •12- 01-0264605 REQUIREMENTS A. IT IS OUR COMPANY POLICY THAT ALL TITLE FEES DUE ARE DEDUCTED FROM AVAILABLE PROCEEDS. IN ADDITION, ALL TITLE CHARGES ARE DUE AND PAYABLE AT THE TIME OF RECORDING. B. ALL FUNDS NECESSARY TO FULFILL PAYOFF REQUIREMENTS, INCLUDING OF TAXES, MUST BE RECEIVED AND AVAILABLE FOR DISBURSEMENT AT THE TIME OF CLOSING. C. PRIOR TO THE ISSUANCE OF ANY POLICY OF TITLE INSURANCE, THE COMPANY WILL REQUIRE THE FOLLOWING WITH RESPECT TO SANTA FE LA COSTA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY: 1. A COPY OF ITS OPERATING AGREEMENT AND ANY AMENDMENTS THERETO MUST BE SUBMITTED TO THE COMPANY FOR REVIEW. 2. A CERTIFIED COPY OF ITS ARTICLES OF ORGANIZATION (LLC-1), ANY CERTIFICATE OF CORRECTION (LLC-11), CERTIFICATE OF AMENDMENT (LLC-2), OR RESTATEMENT OF ARTICLES OF ORGANIZATION (LLC-10) MUST BE SUBMITTED TO THE COMPANY FOR REVIEW. 3. WITH RESPECT TO ANY DEED, DEED OF TRUST, LEASE, SUBORDINATION AGREEMENT OR OTHER DOCUMENT OR INSTRUMENT EXECUTED BY SUCH LIMITED LIABILITY COMPANY AND PRESENTED TO THE COMPANY FOR RECORDING OR UPON WHICH THE COMPANY IS ASKED TO RELY, SUCH DOCUMENT OR INSTRUMENT MUST BE EXECUTED IN ACCORDANCE WITH THE FOLLOWING: A. IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES THROUGH OFFICERS APPOINTED OR ELECTED PURSUANT TO THE TERMS OF THE WRITTEN OPERATING AGREEMENT, SUCH DOCUMENT OR INSTRUMENT MUST BE EXECUTED BY AT LEAST TWO DULY ELECTED OR APPOINTED OFFICERS AS FOLLOWS: THE CHAIRMAN OF THE BOARD, THE PRESIDENT, VICE PRESIDENT, AND ANY SECRETARY, ASSISTANT SECRETARY, THE CHIEF FINANCIAL OFFICER OR ANY ASSISTANT TREASURER. B. IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES THROUGH A MANAGER OR MANAGERS IDENTIFIED IN THE ARTICLES OF ORGANIZATION AND/OR DULY ELECTED PURSUANT TO THE TERMS OF A WRITTEN OPERATING AGREEMENT, SUCH DOCUMENT OR INSTRUMENT MUST BE EXECUTED BY AT LEAST TWO SUCH MANAGERS OR BY ONE MANAGER IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES WITH THE EXISTENCE OF ONLY ONE MANAGER. 4. OTHER REQUIREMENTS WHICH THE COMPANY MAY IMPOSE FOLLOWING ITS REVIEW OF THE MATERIAL REQUIRED HEREIN AND OTHER INFORMATION WHICH THE COMPANY MAY REQUIRE. 01-0264605 SCHEDULE B - Continued CLTA PRELIMINARY REPoi<T FORM EXHIBIT A CLTA PRELIMINARY REPORT FORM LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS SCHEDULE B 1. 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 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 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 OR POLICY. (B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTEND THAT A NOTICE OF THE EXERCISE THEREOF OR 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 FOR THE INSURED MORTGAGE OR FOR THE ESTATE OR INTEREST INSURED BY THIS POLICY. 4. UNENFORCEABLILITY 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 OR INDEBTEDNESS, TO COMPLY WITH THE APPLICABLE DOING BUSINESS LAWS, OF THE STATE IN WHICH THE LAND IS SITUATED. 5. IN-VALIDITY 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 CLAIM, WHICH ARISES OUT OF THE TRANSACTION VESTING IN THE INSURED THE ESTATE OR INTEREST INSURED BY THIS POLICY OR THE TRANSACTION CRE.ATING THE INTEREST OF THE INSURED LENDER, BY REASON OF THE OPERATION OF FEDERAL BANK.RUPTCY, STATE INSOLVENCY OR SIMILAR CREDITORS' RIGHTS LAWS. 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 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 IMDER (A), (B) OR (C) ARE SHOWN BY THE PUBLIC RECORDS. (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 1 OF 6 CLTA PRELIMINARY REP^xT FORM 2. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INStJRANCE 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 GOVERNMENTAL 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 T.HE 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 TH_AT TOUCH YOUR LAND THIS EXCLUSION DOES NOT LIMIT THE ACCESS COVERAGE IN ITEM 5 OF COVERED TITLE RISKS. 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. ANY RIG.HTS, 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 OR CLAIMS OR TITLE TO WATER IN OR UNDER THE LAND, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 2 OF 6 CLTA PRELIMINARY REPORT FORM 3. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS AND COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COSTS, ATTORNEY'S 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 L.AND; (III) A SEPARATION IN OWNERSHIP OR A CHANGE IN THB 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 TKE 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 T.HE INSURED CLAIMANT BECAME AN INSURED UNDER THIS POLICY; (C) RESULTING IN NO LOSS OR DAMAGE TO THE INSURED CLAIM.WT; (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 THE 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. INWALIDITY 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 OF 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 OR 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 RECORDED THE INSTRUMENT OF TRANSFER; OR (B) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) REV. 1999 STEWART TITLE GUARANTY COMPANY P.AGE 3 OF S CLTA PRELIMINARY REP^'^T FORM 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 INCLUDE THE FOLLOWING GENERAL EXCEPTIONS: EXCEPTIONS FROM COVERAGE THIS POLICY DOES WOT 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 RECO.RDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS. 2. ANY FACTS, RIGHTS, INTERESTS OR CALIMS 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 ENCUMMBRANCES, 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. 4. 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 F.ROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COST, 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 EMINE.NT 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, ENCu-MBRANCES, 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 INSL'RED 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 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. (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) REV. 19 99 STEWART TITLE GUARANTY COMPANY PAGE 4 OF 6 CLTA PRELIMINARY REP T FORM 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 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 LIE.NS 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, CONFLIICTS 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. 5. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6-2-98) ALTA HOMEOWNER'S POLICY OF TITLE INStHlANCE (10-17-98) 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 B. ZONING C. LAND USE D. IMPROVEMENTS ON LAND E. LAND DIVISION F. 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, IS, 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. 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; B. 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, 8.D, 22, 23, 24 OR 25. 5. FAILURE TO PAY VALUE FOR YOUR TITLE. 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 TOUCH THE LAND. THIS EXCLUSION DOES NOT LIMIT THE COVERAGE DESCRIBED IN COVERED RISK 11 OR IB. REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 5 OF 6 "GOLD" COMPREHENSIVE PROTECT!'^"' LOAN POLICY OF TITLE INSURANCi EXCLUSIONS FROM COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COST, 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. THIS EXCLUSION FROM COVERAGE 1(A) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 14, 15, 16, 17, 34, AND 41. (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. THIS EXCLUSION FROM COVERAGE 1(A) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 14, 15, 15, 17, 34, AND 41. 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 (THIS EXCLUSION FROM COVERAGE 3 (D) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 7, 8, 15, IS, IB, 21, 22, 24, 25, 26, 28, 29, 30, 32, 33, 34, 35 , 38 , 39 , AND 40) ; (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 UNENFORCE.ABILITY OF THE LIEN OF THE INSURED MORTGAGE, OR CLAIM THEREOF, WHICH ARISES OUT OF THE TR.ANSACTION EVIDENCED BY THE INSURED MORTGAGE AND IS BASED UPON ANY CONSUMER CREDIT PROTECTION OR TRUTH-IN-LENDING LAW. 6. 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: (A) THE TRANSACTION CREATING THE ESTATE OF THE INSURED MORTGAGEE BEING DEEMED A EPJiUDULENT CONVEYANCE OR FRAUDULENT TRANSFER; OR (B) THE SUBORDINATION OF THE INTEREST OF THE INSURED MORTGAGEE AS A RESULT OF THE APPLICATION OF THE DOCTRINE OF EQUITABLE SUBORDINATION; OR (C) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE; (I) TO TIMELY RECORD THE INSTRUMENT OF TRANSFER; OR (II) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. 7. TAXES, ASSESSMENTS, COSTS, CHARGES, DAMAGES AND OTHER OBLIGATIONS TO THE GOVERNMENT SECURED BY STATUTORY LIENS THAT BECOME A LIEN ON THE LAND SUBSEQUE.NT TO DATE OF POLICY, BUT THIS EXCLUSION 7 DOES NOT LIMIT THE COVERAGE OF INSURING PROVISION 34. REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 6 OF 6 Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Titie of California, Inc. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V ofthe Gramm-Leach-BIiley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title of Califomia, Inc. We may collect nonpublic personal information about you from the following sources: * Information we receive from you, such as on applications or other forms. * Infonnation about your transactions we secure from our files, or from our affiliates or others. * Information we receive from a consumer reporting agency. * Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliates third parties permitted by law. We also may disclose this information about our customers or former customers to companies that perform services on our behalf as permitted by law. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. t*OFEN SPACE 2«NO ACCESS 223-06 l"=^800' 11/19A»1 JES CHANGES BLK OLDI NEW YR CUT 0^>l 78 ftooU e(,o ays? 8? 2o92 OU 01.0-75 OtoO <?!-' I& 060 29 5T V 02 +706 060 28 ST OP 02 4740 - £S SAN OIEGO COUNTY ASSESSOR'S MAf BK 223 PG 06 THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO L!ABIL(rr 5 ASSLWEO FOR THE ACCURACY Of THE DATA SHOWN. ASSESSOR S PARCELS MAY NOT C0MP1.Y WITH LOCAL SUBOP/ISON OR ButOffC ORDINANCES MAP848-RANCHO LAS ENCINITAS POR SEC 6 - TI3S-R3W POR SEC 31 - T12S-R3Vi ROS 12607,12915,13655.16881 1 .•t • I Coord 334-1699 Ro.d Survey Number. .^54-66.., Parcel Number 66399 GRANT DEED ...Littc...l.aii!l...Coap.an>;j....a...par.i'ncrsliip.. ...fo.r.,.o,.,v.nJ,uab,l.c;.,.c.ons.to'ejra.tioii !!.o.?.S....\'..9.r.?.?'y... GRA."- ilo AK COUNTY OF SAN OIEGO jll dut rwl property in dir County of iin Chejo, Si.i:c of Oliforni.i. de.,crili„d .i< follows; Tlial portion of the of Section 31, t.Vl S., R.3 W., S.D.B.iiM., lying wifhin a .striii of land 60 foot widi?, feet on each iitlc of tin: following described center Jino: BEGINNING AT A POINT on the soiifli line of .said S(^ction 31, tlisfont S.39''44'W. 94?.10 ft'ot from the southei'ly qtiavtcr cornwr of said Section, said point bcin^ also on the center line of Road Svirvcy 454, a |)]at of which is on fils in the Offiei.' of the County Entiineer of said County; thence alon^ said center ]ini:', N.36°20'i:. o.i.1.45 feel to Eniiinnur's Station ias+Sil.36 P.O.T. and the bcjlinning of a tant!ent curve to ih« riij.ht havin'^; a radius of 1200 feet; thence leavin-; said .Renter ]ine aZor.f said curve throiii,'h a central anjcle of 39°1S' a distance! of i'13:10 feet to i:n|:ineer'.=; Station •.;2.S+38 .52 P.O.T. on the; center line of Road Si:rvey d.M. The sidclintHS of said strip of land shall Iw prolonged .'or .shortened as necessary, so as to tertiinato in .=iaid south lino of said Section 31. ALSO Granting to the County of San Diego the ri^ht to extend drainatie structures and f?xcuvotion and embankment slopes beyond the limits of the hoircinabo\e dcscribetl parcul whero required for the construction and inaintenaiice of the public hii^hway. .S7 • o cc •n; Description; San Diego,CA Document-ITear.DocXD 1967.21427 Page: 1 Order: 1 Comment; of 2 I 1) '• ]l ! -. • I •4 -.3 •J •J I 2 1 I TSe graniof further und««Mf\cb that the present intenrion of ihf gnntce U to coiucruct .ind m.iintain a puWic hlghwiy on the Ian<i4 hereby conveyed m fee and the grantor, for hini-^elf, his .^uccewor* nnd a.wigns. hereby walvei any eiAm> for .my and aJI djmages to panior*!- rcnuming property contiguouji to die property hcntby conveyed hy reason of the location, conitruaion. Und- scap'mg or m.iintenancc of said higi)way. (Aa li.'^ Aivvf, iW imii 'Vrjntur" thuU include iKr .IS 4» (lie «ntful.ir nUmU'r anj tfk' wwdj "himj.rir anJ •'hii" ikitl incliidc rhr fi-ntininc jtmdcr .11 the <At^ mjy IH-.} OMcdthis ^ j?5^i.t; d'y of-. Signed and delivered in die presence of .-J.a.n.V.a.ry Lux Land Company, a .P..?,?-1'!.'.!:'^.?.'.'.?.P.... ST.\TK or CAI.IKOHNIA COUMY OK. .- .lSE?£i»i On 30,..1.9.y_ UUr mc. ill.- iin.ler.;i:tir.(. a X«lary I'liWic in »m( f." '-li'-' l '"i"'l.> liml Si.il'. |..-rs.Miiill>- al'IifarciL E. C. Ruth?.rford • ./..I. . 1. ^„ on.* nf ihi- intrlpicr. .ll III.. i..irliii-i.li!i' thill rirruii..! the williiii ininriinieiil, iinil iii-V.ii.».l.-.lti-.l lu tti'- lli;il i.ut*li piinnernhip eieiNyeJ the Mimr. FOR NOTARV SEAL OH STAMP RUTH M. COX fe"! '•3''-i-' ••C.-.ilfCIMlA I., ••••.•fi. ,:.>UE IN CO. r^r Of 'ui-'CRiAL Siiiniiluri- -w- . 7^ RUTH M. COX _Mv.-Coco=iiiii*a£xfjircj-Ap^iUl.Sfc WTO Num.- lT> |-...l ..1- l*r..,l.-.l I .N'.iljrv rilliiii- in mill fi't ^ni'l Ciiiimi imil >' ll'- This is lu certify thiii li.e iiiieresi in rcil properiv .IIIWTOI bf the forcsoin): ijc^ ingrjot injlw^Ciiiimr ul S-in OiCKu, a puliiical corponii.in, i.^ hereby jcccpieil by otjer of the Bwitil I'f Siilx-ryiMifN nn A— VC./ „ n.l said O'MIt cotiscnlj lo n-cotjulion llienvf by its July .niUiorl<v\l officer, PORTER D. CREMANS D,,^ .:S././..i/./.^..y... lt>^K.^MH3.\•Sl)Ull)^^XiI»dt^iMitM^l£S^ CIcrl.- ..f llie B.urJ of .•:up<-r.i>..r. ^ B, <.tIUit-^..f.....dl.C,.../ki,i.<^(Lji^. Ucl-iiiv FOR CLERK OP THE BOARD FOR COUNTY SURVEYOR AND COUNTY COt INSE. APPROVED FEB 9 I96T ti. K. ifktX^ CO WGiNEU v^tSca T • l.-i I ni,-M. •• .I.S. Jl,-. l-m RfCORDGR 21427 riU'Tf.;.£i;i REI^CI'n-i'J -" • "' County Board ol Supervisors FES 15 iiu7f.li'B7 SA^'SMr'coiM'i:--.!^.-A S. CR*r,flK0R'j;t(; NO rES 2: CC I Description; San Diego,CA Document-lTear.DocID 1967.21427 Page: 2 of 2 Order: 1 Comment: . ; . c. •-• i NICOnOINa RCOUKSTCO CV city of Carlsbad NM» MAIi. vo City of Cariabad 1200 Elm Avenue j^Carlabad, California "1 92008^ r. ..II l.l ll.tlMfMTl to City of Carlsbad i:iOO Elm Avenue 1 carlsbad, California 92008 L J rlL£/P/SCt HO BOOK 1977 RECOftOED REQUEST Hi ^ORESstE JuiN 9oo«H'(( OFfi'^tAI. HCCQti'S j/i.SLiir.Clir-JU.S';,: *;.ir. '\t.r.:..'.^l K::i.')d,M r.--(;,jaCi£S NO FEf SrACK AHOVK THIS LINE FOR MtCOROIU'C U(C Grant Deed TMIS FOMM ruKNtlHlO BV TITLI IMIUNAHCK ANO THUfT COM Thf uiiJi'rMj:nciI printori-i) dcclarei?') :• > D.X'uinrnUry tf«n.-»fcr tox i.i ' nj 1 , ( I rompulcd on full value ol proport) convi'vcil. or ' I c>*mpulcd on futt value vuluf of Iicri.-< ;itiH cncumbrahcc:' remaining st time of »te. ' I tnincorportlrd area: t Xl Cily ot ^!;ArjLaii.a.<i , md KDIl .V V.M.i;.\BLE CONSIDERATION, rccclpi of y,W>ch it hereby .cknowlttljcd. The Trustees of Central States, Southeast and Southwest Areas Pension Fund hrrrly CMANTiSi lo the City of Carlsbad^an easement for public road and slope right purposes, ihi- (ollowiiif dr^criUd r<»l (itopcrly in the City of CarlSbad Coofii. San Di«go , 3i«tr of C«liforni«: Portion of Assessor's Parcel No. 223-060-08 See Exhibit "A" for Legal Description All aa shown for convenience sake on Attachment "A" attached hereto and made a part hereof. 00 / I,,,„.,, Jv^yjl, 1977 -T.M K iiK i: \l.in ill.M.l • n Ml t» Diego •?.ulX 1.1/..197?_ The Trustoas of Central Statos, Southeast and Southwest areas Ponai(jn_.F.und . . By;. . . . III.Inn- iiir. llll- iimli-r. .'.ii'-.|. 4 Ni.liicv I'ul.li.; iiv (lint liir ^LII.I SUI--. i..-i«.iMilli- ;iiii»-;u-i! Neil D. GoBoon ttorney - In - Fact o- I.- ill.- j.-i...n... wliii... IIIIIIII-.. , ill-inOlirhl lll.il «. l,||,.,^r.l lli-ll_ UITV»- III, li.i.il ir^i.l/lfii-i.il ..-iiL, . tti.n.(i tl. m .i.l,.. lil..-.| ll, llll- .illii ....... ,11. -1 lUi- ...llll rii.i.it.-., X^-fi/ .^.'^y/^^'CT. ftoiy O'BryiSt .NjIM. .•ti)....( or t'liiili-ill ofeiciAi. wv. ROSY O'BRYANT HOMiir wjoi.n;. cAiifONtti* PiiKciHi oitiit. oiiio Co. ctiii. My Commhikxi Ut- OK. t/, l'/< SVNi%VV.VN\VWVW,".V>ANSW,VW Till., llnli-i Vl, f:..rriii»' nr l,.iiiii .\ii,.,. MAIL TAX STATEMENTS AS DllltCTED ASOVt Description; San Diego,CA Document-rear.DocXD 1977.281161 Page: 1 of 6_ Order: 1 Comment: I ll -— I: 1 '. i f ' i i i! f! I, ; RKCORDINa NKQUCtTIO CY City of Carlsbad r City of Carlsbad 1200 Elm Ayenuo garlsbad, California 92008^ K«ii t.i ii.niiiMit 10 City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 1 J rll.£/UCE Ml im IS77 RECOSOED REQUEST vi JyiN 9 00 ftM' n nf riti.ttBCC'jP'.iS i:ru:!'r-ji.iH'..: i: ••- r.ci-.'HD:;: NO FEE • PACE AaOVK THIO LINE rOB BtCOROER-g USE Grant Deed TMU ront. ^UHNIIHCO TITLt IN«U«*HCC AND T»U«T CQU»A*<T Th>'umk'r.<ifncit ):rinli>ri>i de('lari;i>i: Dfx-tiiiUTit.'iry irunyler ta.x i. S.... nil . . ;. inc*» rtrmnininj; AI time of •i.di'i' _— , . tnd CEPTiriCATE OF ACCrPTA.VCr ;/ii5 is to certify tftat t/ie interest in rt.-d2 firopcrty conveyed iiy t/:e deed or :j3iithwestA''ea!; pension Furid ^ • to the City or Carlsbad, California, 4 political corporation and/or 7<-v'c rrmcn t J J agoncij, is hereby accepted ii t:)v anderaijncd officer or agent bt.lialf of the Cif.j Council of the fJty of Carlsbad, California, pursuant to a'jthority conferred by Resolution fli37 of the City of Carlsbad adopted cn Ju.'y J, 1$$S, and the grantee cons'-rtj. to.'.ff^e. recordjtion thereof .by ;Ct iui^i/- fottiorixad officer^ • utAorizcd officer^ ^[^cil!0T^t^^^^^(city ••.^frc;-._'juV,_;);3yi477, erk 1 hereby «clinowled(eiI. The Trustees of ;8t Areas Pension Fund .n easement for public road and :arlsbad ^iifornii; No. 223-060-08 •cription saXe on Attachment "A" art hereof. The Trustees ot Central States, _ areas (TO _ - I M I. I ll I \l ll-iiK.M t , ,,i ..-ll ,,|- San Diego July 11, ,19,77 1,1-1.-11-11.,-, ll.,-i,i„l,i .itiiiil.,I .\„iji, l-olilo-i„ 4,1,1 i„r ..ill Si.ir. , .,11, I, , , Nell D. Gascon HfF'TOfH^lt't^' '"'-iili.rtilir.l I., III.- -ill.iii li,.ltilni.-iil. ». Ihr J i'!?tr! "!?i.irf,.i CEI^rRAL STATES, SOWHEAST AND SOUTHWEST AREAS PEKSICN ,FUND ANn SOmMffiET AREAS ''•" PENSION FUND. I - Fact his ,.»ii , .1, \ii.„„.) .1,1 -iuM >N 1,1) i,y,(W,„i ,.ni,-,,iL.,,-..i, orrtclAL IfAk ROSY O'BRYANT NOTAUr PUtLIC - CAIIICPMIA RD»y,0'Bryant N ITiiiiil 1,1 I'li.ii.ili ' 5 VjBjf' H»C<lliiiiiiIli(W [!». I)>c. 17. IS/li - o . to 00 y ) Till.. DriliT . . K-HT'tW or l.tKIM NM. „,,.,.. , ^ . .. . MAIl TAX STATfAAtNTS AS DIRICTtO ASOVE • 11 Description; San Diego, CA Document-rear. DocID 1977.281161 Page: 2 of 6.L. Order: 1 Comment: r mCN ENUiNEERING COMPANY I exff,^ 3088 PIO P)CO OR. TELEPHONE SUITE 202 • CARLSBAD, CA 92008 AREA CODE 714 • 729-4987 \f. j iio»i at »c<ii»T)tiM ta«; • " ».rr -' Mitr D9.t5-ll ! ROAO EASEMENT CNK'D. 6/14/77 1 -J- 3 ,1 All casement for roadway purposes over, under, along and across that portion of-Section 31, Township 12 South, Rani^e 3 West, San L,ernardino Meridian, that portion of Section 6, Township 13 South, Range 3 West, San Hcrnaraino Meridian, and that portion of Lots 4,5,8 and 9 of the F.iincho l,?is Encinitas, according to Map thereof Ho. 848, in the City of Corlsbad, County of San Diego, state of California described as follows: CO,M.'-li;'NCINC at the Southeast corner of Carlsbad Tract No. 73-2, according CO MAP thereof No.8059, on file in the Office of the County Recorder ot." said County; thence luctvlny uhe boundary of said Map No.80i39 South 70' S'l'. 15" East, 30.00 feet to .in intersection with the Centerline of County of San Diego Roaa Survey No.454 on file in the Office of the County Engineer of said County; thence along the Centerline of said P-o;id Survey South 19° 05' 45" West, 125.26 feet; thence leaving said li Centerline South 75° 06' 07" East, 30.03 feet to the TRUE POINT OF li BHOIKNING; thence North 19" 05' 45" East, 43.30 feet to a point in the |; iirc of a 25 . 00 foot" rcic'.ius curve concave Northeasterly, a-radial line ii to said point bears South 32° 37* 08" v;est; thence Southeasterly along li the arc nf said curve through'a central angle of 17" 43' 15", a distance OL 7.73 feet! thence tangent to said curve South 75° 06' 07" East, 198. 23;: );i.nM. to the beginning of a tangent 1,042.00 foot radius curve con.cave Southijcstcrly,- thence Southeasterly along the arc of said curve throu<jh j i a .i'ontral angle of 07" 36' 07", a distance of 138.25 feet; thence tangenti', to K,3id curve South G7" 30' 00" t'jst, 1000.00 feet to the beginning of j, o tangent 958.00 foot radius ,curvc concave Northerly; thence Southeasterly Easterly and Northeasterly along the arc of said curve through a central i arrjle of 60° 50,' 00", a dista'nce of 1,017.15 feet; thence tangent to I said curve North 51° 40' 00",' East, 208.38 feet to the beginning of a j i tangent 958.00 foot rndiuo cu'rvo concave Northwesterly; thence North j : easterly along the arc of said curve through a central angle of 36' 40' ' , 00", cl distance of 613.08 feet; thence tangent to said curve North 15° | '. 00' 00" East, 400.00 feet to the beginning of a tangent 858.00 foot j! radius curve concave .Southwesterly; thonce Northeasterly, Northerly, and | X'orthwesterly along the arc of said curve through a central angle of 50" I 00' 00" a distance of 748. 75,feet to a point of compound curvature with 'i ;i 25 . 00 foot radius curve concave Southerly, a radial line to said point!| ,• boars North 35^ 00' 00" East; thence Northwesterly, Westerly and South i; , WcT.torly along the arc of said curve through a central angle of 90° 00' ••' • 00" a distance of 39.27 feet; thence tangent to said curve South 55° 00' ,; ; 00" West, 133.00 feet to thejbeginning of a tangent 1042.00 foot radius :.j curve concave Northerly; thence Southwesterly, Westerly.and Northwesterlyj olong thr- arc of said curve through a central angle of 73° 50' 03" a ,;' i. di.-^tariCG of 1342 . 77 fuct; thence tangent to said curve North 51" 09' 57"!," West, 694.00 feet to the beginning of ta tangent 25.00 foot radius curve, j concave Southeasterly; thence Northwesterly, Westerly and Southwesterly-y! ; along the arc of said curve through a central angle of 90° 00' 00" a dis,- , tance oJ: 39.27 feet; thence tangent to said curve South 38° 50' 02" West.,', j 67.51 foot; .thoncp North 36° 49' 24" East, 171.36 feet to the beginning !; ; ; of a tangent 1 170. 00 foot radius curve concave Southeasterly; _tht;in;i; |i j :Jor t.hca.s terly along the arc of said curve through a central angle of 01°:i . I 111 I • :6 7T^' •1: 4; Description; San Diego,CA Document-Vear.DocID I977.28II6I Page- 3 of 6 urder; J. Comment; r 1 RICK EN^..4EERING COMPANY 3088 PIO PICO DR.'' .'• SUITE Z02 • CARLSBAD. CA 92008 TELEPHONE . AREA COOE 714 • 729-4987 1,9.15-jl ROAD E,A3EMENT Fwr 6/14/77 2„, 28' 54", a distance of 30.26 feet to a point in the arc of said curve tc which a radial line bears North 51° 41' 42" West, thence leaving said curve south"51° 09' 57" East, 6.68 feet to a point.in the aro of a 25,00 root radius curve concave Northeasterly, a radial line to said point bears north 51° 09' 57" West; thence Southwesterly, Southerly, and Southeasterly alonq the arc of said curve through a central angle of 90" 00' 00'', a ^ distance of 39.27 feet; thence tangent to said curve South 51° 09' 57 uv-st, 694.00 feet to the beginning of a tangent 958.00 foot radius curve concave Northerly; thence Southeasterly, Easterly, and Northeasterly along the arc of said curve through a central angle of 73° 50' 03", a distance ot" 1134 , 53 feet; thence tangent to sa:'.d curve North 55" 00' 00" East, 267.00 feet; thence South 35° 00' 00" East, 84.00 feet to a point m the- arc of n 25.00 foot radius curve concave Northeasterly; thence South Wo^-.t'Tly, Southerly and Southeasterly along the arc of :sald curve through a central angle of 90° 00' 00",' a distance'of 39.27 feet to a point of rovcrso ci-rvature with a 942.00 foot radius curve concave South-.csteriy •;, radial line to said point bears North 55° 00' 00" East, thence South '"a-^tL-rlv along the arc ot said curve through a cuiiural angle ot 24 ii 38", a distance of 400.51 feet'to a point in the arc of said curve to •.-hich a rodial line bears North 79° 21' 38" E:.st; thence leaving said curve along said radial line South 79° 21' 38" West, 42.00 feet to a poi'tt in the arc of a 900.00 foot r=id.ius curve concave Southwesterly, a'rkdial line to said point bears North 79° 21' 38" East, thence South [--a---rfr\v, Southerly, and Southwesterly along the arc of said curve through a c-ntra1 anale of 25" 36' 22"-a distance of 402.74 feet; thence tangent • to s-.'d curve South 15° 00' 00" West, 400.00 feet to tho beginning of a ta:uicnt 1000.00 foot .radius curve concave Northwesterly, thence South v;c?icrly alona the arc of said'curve through a central angle of 36 40 00 J d<-stance of' 639 . 95 feet; thence tangent to said curve South 51 40 uu v-:e'=t 208.38 feet to the beginning of a tangent 1000.00 foot radius curve co'ic,v/o Northerly; thence Southwesterly, W<:sterly, and Northwesterly alontj th- arc of saidrcurve through -3 central angle of 42° 14' 43" a distance of 7 37 .32 fc-o*- to a point in the arc of said curve to which a radial line boars .=-,outh 03° 54' 43" West, thence leaving said curve along the proicnga- tion of .•said radial line South: 03' 54' 43" West, 42.00 feet to a point in 'ho arc of a 1042.00 foot radius curve concave Northerly, a radial Une to ^aici'pomt bears south 03° 5i»' 43" Kcat; thence Northwoetorlv along the arc o' said curve through a central angle of 18" 35' 17" a distance of 338.05 f.-M-.c; thoncn tangent to said curve North 67° 30' 00" West, 1000.00 feet to tlie beginning of a tanqont 958i.00 foot radius curve concave Southwesterly; thence Northwesterly along the. arc of said curve through a-central angle of 07° 36' 07" a distance of 127.11 feet; thonce tangent to said curve North 75° 06' 07" West, 198.23' feet to the beginning of a tangent 25.00 foot radius curve concave Southeasterly; thence Southwesterly along the arc of said curve through a central angle of 34° 34' 19" a distance of 15 tect to a point in the arc of said curve to which a radial line bears North 19" 40' 2G" West; thence North 19'^ 05' 45" East, 46 . 54 feet to the TRUE POINT OF BEGINMIIJC. i foot r *, arc of I fee • • North JL~: 1 •f't^lNC os: ^ 1 1 0*Tt ;••! *'' ..•il !J i I I J3L.,.f CO QO >• • TT • ..I '•• !•- •'VI ''t'l Description; San Diego,CA Document-rear.DocID 1977.281161 Page: Order: 1 Comment: 4 of 6 6 9 3 C RICK ENbiNEERING COMPANY 3088 PIO PICO DR. • SUITE 202 • CARLSBAD, CA 92008 *-.i.JO TELEPHONE • ::AREA.CODE 714 -1! I ;'.'>AU EASEMENT 729-4987 FWF t«n •"— 6/14/77 T-tTi; 3 3 The grantor hereby further grants to the City of Carlsbad the privilege and riqht to extend excavation,and banking slopes beyond the limits of the herein describee riyht-of-woy, where rccjuired for tha construrition and maintenance of said City Highway. Reserving unto grantor of the above described parcel of land his successors or assigns, the right to eliminate such slopes of portions thereof when in the written opinion of the Engineer of grantee, the necessity therefor is ror.iovcd by sub stitutintj other protection, support, provided such substitution if first approved: in writing by said Engineer. * I I-! I t • ! !, ' I i \ Description: San Diego,CA Document-rear.DocID 1977.281161 Page: 5 of 6^ Order: 1 Comment: 281161 --T- I 1 Rick PLAT TO ILLUSTRATE THE LCCAL DESCRIPTION OF IV^OPOSED ROAfta^SEMENTS t • «» . twit r o tji Ol oo CM a o a li <« o 1 o g. 4) a'. « q w g R 0 0 u •H Q O > WOOtoiNG REQUESMLi) BY .fter'rfecor'ding return to: ;ity of. CarTsbad \m Elm Ave. :arlsbad, CA 92008 230 . 82-102775 |0fSAll':^i*rk''iCC)l5ps AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES. FEE • SAH iJicoo CCWJy.CA. TO APR 14 A« a-26 I VERA L.l Vif , [_C0U1IIY f,c:;;,;.>£i^ THIS AGREEMEKT is entered into this 25 day of March 19 82 , by and between Daon Corporation NO FEE (name of develope)r-owner) Corporation (hereinafter referred to as (Corporation, p-irtnership, etc.) "Developer", whoss address is 3200 Park Center Dr., Suite 1400 , (street) Costa Mesa, CA 92626 , and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of ^the State of California, hereinafter refei-red to as - "City", whose address is 1200 Elm Avenue, Carlsbad.- California, 92008. - . ' ' • • '.WITNESSETH: WHERr;AS, Developer is the owner of the real property described on Exhibit "A", attached hereto cmd made a part of this agreement, hereinafter referred to as "Property"; and . WHEREAS, the Property lies within the bouniSaries of City; and WHEREAS, Doveloper proposes a deve-lopmenf project as follows: CommeirCial Development -•H;J I Description; San Diego,CA Document-rear.DocID 1982.102776 Page: 1 of 9 Order: 1 Commen t: ] on said Property, which development carries the proposed name of ^ • and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 25 day of March 19 82 , with the City a request for Tentative Parcel Map Approval (hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public , facilities necessary to serve a development will be availcible concurrent with need or such development shall not be approved • (said element is on file with the City Clerk and is incorporated by this refe::ence; and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and Incorporated by this reference, and that the City's public facilities and services are at ca^^ac.ity and will not be civailable to accommodate the .additional need for public facilities and services resulting from the proposed Development; and V?HEREA.3, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and, therefore. Developer proposes 2. • JV-;:7SjK'---I«ST,5«zjri»c.i.."E..TCa?a«.'-«..^s:^ •o o N5 OS V-,; Ji -a Description; San Diego,CA Document-rear.DocID 1982.102776 Page: 2 of 9 Order: 1 Comment; II L- ' '. " 232 :> • • to help satisfy the General Plan as implemented by Council Policy •No. 17 by payment of a public facilities fee. NOW, THE:REF0RE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in" an amount not to exceed 2% of the building permit valuation of the buildings or structures to be constructed in the Development .pursuant to the Request. The fee shall be paid prior to the . issuance of building or other construction permits for the develop-, ment and shall be based on the valuation at that time. This fee shall be in a.ddition to any fees, dedications or improvements required pur.=:uant to Titles 18,' 20 or 21 of the Carlsbad Municipal Code. A credit toward such fee shall be given-for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. Developer sh.a.11 pay a fee for conversion of existing buildings cr structures i;:\to condominiums in an amount not to exceed 2% of the building per.nit valuation at the time- of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit .as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used in thii- agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of'underground or street improvements unless no other permit is necessary prior to the use br occupancy for v;hich 3. Description; San Diego,CA Document-Year.DocXD 1982.102776 Page: 3 of 9 Order: 1 Comment: I "1 II J 233 the development is intended. Developer shall pay to City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Munici.pal Code. A credit toward such fee shall he given •for land which has been dedicated for park purposes or for any fees paid in lieu tiiereof pursuant to Chapter 2 0.44 of the Carlsbad Municipal Code. . 2. The Developer may offer to donate a site or sites for pioblic facilities in lieu of all or part of the financial obligation 'agreed upon in Paragraph 1. above. If Developer offers .to., donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the- offer. The time for donation and lamount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agree- • itient. Sites donated under this paragraph shall not include improvements reguired pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the city's General Plan. If the fee is not' paid as provided herein, the City wi.M not have the funds to provide public facilities and services, and the Development will not be consistent with the General Plan and any approval or permit for the Development shall 4. • • ' • ' .. Description: San Diego,CA Document-rear.DocID 1982.102776 Page: 4 of 9 Order: 1 Comment: J L_ 234 be void. No building or other construction permit o:c entitlement for use shall be issued until the public facilities fee required by this.agreement is paid. 4. City agrees to deposit the fees paid pursu.ant to this agreement in a public facilities fund for the financing of public facilities when the City Cou;-icil determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City cigrees to provide upon request reasonable assurances to encible Developer to comply with any requirements of other public agencies-as evidence of adequate public facilities and services .sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests mads by Developer are not approved. 7. Any notice from one party to the other shc.ll be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such noti.ce shall not be effective for any purpose vthatsoever ' unless served in one of the following manners: 7.1 If notice is given to tha City by personal delivery thereof to' the City or by deipositing same in the United States •Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager,' postage prepaid and certified. 7.2 If notice is given tu Developer by personal delivery thereof -co Developer or by depositing the same in the United States 5. ' -..-T-..,, --••'i--.---fir;.- T-i»-ijK.-4.-irrtT.s.KS.a=-»..^ Description; San Diego,CA Document-rear.DocID 1982.102776 Page: Order: 1 Comment: 5 of 9 235 Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Develope:: and the City, and references to Developer or City herein shall be deemed to be reference to and include their respective successo:rs and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the Projierty shall have first assumed in writing "the Developer's obligat:Lons hereunder. 9. This agre(>ment shall be recorded but shall not create a lien or security interest oa the Property. When the obligations of this agreement h;ive been satisfied. City shall record a release. /// /// ///.' /// . . . /// . ' . - /// - . • ' . /// • ' ' /// • . /// • /// / 6. ' •- • Description; San Diego,CA Document-rear.DocID 1982.102776 Page: 6 of 9 Order: 1 Comment: 236 IN'WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. •• r DEVELOPER-OWNER 0 AON-CORPORATIO CITY OF CARLSBAD, a municipal corporation of the State of California City Manager Senior-Vice President-Land (Title) ATTEST: AL~£THA L. RAUTEWKRANZ, City^-eierlt APPROVED, AS T0M/0RM:/'i''''F'-0~>'-° VINCESp'^ BIONDO, JR.., City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached;) 7. .? I o NS •S Description; San Diego,CR Document-Year.DocID 1982.102776 Page: 7 of 9 Order: 1 Comment: 1 236 IN'WITNESS WHEREOF, this agreement is executed in San Diego County, Californici as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California City Mcinager -n T StAtE Of CALIfOBNlA COltNTY Of Tl ORANGE _};.. 237 March 4, 1982 .... P.,.o„.ii, .p ~.ZZ jZATojUonrni''' * ""'•'^ ~ 1. ™ 1.-Sc-vio.^ .'gn^ievr-^—— > i™ lo bt lh. vj.i;e iT^s. / KcSivit , , . -SCtSKV o( 111. co,p«„i;„„ lh., „„„,.J ,.„,„„^„ l".ir»mc„i on bch.K „| ih, Inowlcdgcd lo ih.i ,„h .o,po-'.,ioi, „cc„lcJ llic wlillin <J„cuo.,. '-...u ana o'lici.l le.l. Connie Berttund N,mc (Typed 0, IVinledJ City nt.uui.iicj OFFICIAL SEAL CONNIE 8ERGLUND NOTAKf PuailC - CALIFORNIA ORANGE COOmY , cormn. upJtn OCT 25, 1982 i (Itiil .,(. tor oir<l.l n (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attacheiJ;) V 5: •o M. O ' •-..ii '\ Description: San Diego,CA Document-Year.DocID 1982.102776 Page: 8 of 9 Order: 1 Comment: ] 1 I 1 238 EXHIBIT "A" LEGAL DESCRIPTION A portion of fractional section 6, Township 13 South, Range 3 West, San Bernardino Meridian and a portion of Section 31, Township 12 South, P.ange 3 West, San Be;.-dardino Meridian, in the County of San Diego, State of California as shown on Map No. 7457, filed in the Office of the County Recorder of San Diego County on October 18, 1972, described as follows: Beginning at the most Southerly corner of Lot 249 as shown on said Map No. 7457; thence, along the boundary of said Hap No. 7457 the following courses; South 65° 09' 37" Ea:3t 35.34 feet to a point on the arc of a Non-tangent 1030.00 foot radius curve concave Southeasterly; a radial to said point bears North 63° 37' 20" West; thence. Northeasterly along the arc of said curve through a central angle of 2° 15' 09" a distance of 40.49 feet to the TRUE POINT OF BEGINNING; a radial to said true point of beginning bears North 61° 22' 11" West; thence continuing Northeasterly along the arc of said curve through a central angle of 8° 11' 35" a distance of 147.29 feet; thence tangent to said curve North 36° 49' 24" East 554.82 feet to the danterline of La Costa Avenue; thence leaving the boundary of said Map No. 7457 and along the centerline of said La Costa Avenue, South 51° 09' 57" East 608.75 feet; thence, leaving said center- line South 38° 50' 03" West 142.00 feet; thence South 77° 00' 00" West 665.00 feet; thence North 63° 37' 48" West 166.62 feet to the TRUE POINT OF BEGINNING. 1_ Description; San Diego,CA Document-rear.DocID 1982.102776 Page: Order: 1 Comment: 9 of 9 1 RECORDING REQUESTED BY AND WHEN RECORDED HAIL TO: ) ) ) CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, California 92008 ) 175 Space above this line Documentary/ fc'ransfer tax: 82ria5SS3 ISSUUN 16 PI! 2:uj 1 Vcf-'A ' ' II •I iidlts jse No fee NO FEE Signature of declarant decerminLng tax-firm name City of Carlsbad Parcel No. 223-060-25 fi 255-031-07 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD POR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this Istd ay of June Daon Corporation 1982 by and between (n ame of developer-owner) Corporation hereinafter referred to as (Corporation,partnership,etc.) "Developer" whose address is Costa Mesa, CA 92626 3200 Park Center Drive, Suite 1400 (s treet) • and THE CITY OF (city, G t a t e , zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A:, attached hereto and made a part of th's agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follow's: General Plan Amendment REV 4-2-82 /mi L_ Description; San Diego,CA Document-rear.DocID 1982.185683 Page: Order: 1 Comment: c I of S :'4l '••~'"' ^ ^ 176 on said Property, which development carries the proposed name of and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 1st day of June 19 82 , with the City a request for General Plan Amen(3ment hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is oa file with the City Clerk and ie incorporated by this- reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated April 2, 1982, in file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer- is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. -2- REV 4-2-82 5^ 00 cn cn 00 w <» it > 3 Description; San Diego,CA Document-Year.DocID 1982.185683 Page: 2-of 8 Order: 1 Comment; "177 NOW, THEREFORE, in consideration of the recitals, and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed- 2Z of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in" addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion o £ existing building or structiures into condominiums in an amount, not to exceed ZX of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and ."entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer shall pay to City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 13, 20 or 21 of the Carlsbad Municipal Code. -3- REV 4-2-82 Description; San Diego,CA Document-rear.DocID 1982.185683 Page: 3 of 8 Order: 1 Comment: 178 2. The Developer may o££er to donate a aite or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above, l£ Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of;,.^.thi8 agreement. Sites donated under tbis paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. Ko building or other construction permit or entitlement for use shall be issued until the public facilxtie9 fee required by this agreement is paid. 4. city agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public •facilities when the City Council determinus the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to ac c ommod at e the needs of the Develo pmen t herein described. Ul! -4- •o oe CJl 00 CO Description: San Diego,CA Document-Year.DocID 1982.185683 Page: 4 of 8~ Order: 1 Commenfc; Sif 179 6. All obligations hereunder shall terminate in the event the -Requests made by Developer are not approved, 7. Any notice from one party to the other shall be in writing, and shall be dated and signed b,y the party giving such notice or by a duly authorized representative of such party..' Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof Co Developer or by depositing che same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply Co, the respective successors and assigns of Developer and the City, and references to Developer or City herein shall be deemed to be reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall bv; recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied. City shall record a release. -5- REV 4-2-82 f Description; San Diego,CA Document-rear.DocID 1982.185683 Page: 5 of 8 Order: 1 Comment: 1/ 180 IN WITNESS WHEREOF, this agreement is executed in San Dlego County, California as of the date first written above. DEVELOPER-OWNER: Senior Vice Presidpnt-T.anH HA^T. CITY OF CARLSBAD, a municipal- corporation of the State of California City Manager (Title •LETHA L. RAU'TE'NKRANZ, i|ftPPROVED AS TO J^M iVSD AS /IlNCEMT F VINCENT F. BIONDO, JR., :ity Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) REV 4-2-82 -6- QO OO I Description: San Diego,CA Document-rear.DocID 1982.185683 Page: 6 of 8 Order: 1 Comment: 180 IN WITNESS WHEREOF, this agreement is executed in San Diego bounty, California as of the date first written above. DEVELOPER-OWNER: S^lSXapIllSDt W.A.^OlKon, III , Senior Vice President-T.^int^ n^v. (Title) CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager STATE OF CALIFORNIA COUNTY OF Or an go June 1. -|Q«a J- ••' 181 »«id Sui«. personally aop^»,^ri Mlchael K. Ryftfl before me, (he under»igned, » NoUry Public in and for known lo ine la&^lva Land -RstUbx-. ^'A. ColtoQ. Ill .nd kn»«n .o m. ,o b, ,h, p<=r«r,» who —cvred fh. wirhln in.lrum«nt on beh»lf o( corporation (herein named, *nd ao knowledg.d la me (h»f juch corporation executed the within iniirun.er»t pursuant IO iti bylaw* Of a rciolution of iit board of y*^ dtrecton. WIFNESS my Kand and olT.cial *«al. Signature OFKiaAL SEAL MAJiOA A BROWN I MOTW "UStlC - eHJfOSUOA osAaeE coowr Mam-;? fl, Rrnwn N«m« (Typed at Printed) trtiit are, for oind.l noiari.l ,e.l) (Notarial acknowledgement of execution by DEVELO'PER-0WNE"R must be attached.) REV 4-2-82 Lnnwi- Description; San Diego,CA Document-rear.DocID 1982.185683 Page: 7 of 8 Order: 1 Comment; 182 EXHIBIT "A" LERAL DESCRIPTION A parcel of land being portions of Lots 4 i 9 of Rancho Las Encinitas per Map No. 848 on file in the Office of the County Recorder of San. Diego County, State of California, boundeti as follows: All that land bounded on the West by Road Survey 454 on file in the Office of the County Engineer of San Diego County; bounded on the North by the centerline of Mision Estancia, an 84.00 foot road easement, per Document No. 77-281161 recorded 7-14-77 O.R. ; and bounded on -the East, Southeast and South by a portion of Parcel 3 of minor Subdivision No. 541 per Document No. 81-213344 recorded 7-7-81 O.R. i2? •o Y 00 A Ol u Co 93 u Co oo CO • Description; San Diego,CA Document-rear.DocID 1982.185683 Page: 8 of Order: 1 Comment: PARCEL MAP NO. ^2586 STJTE Of C«LIFU«fl«; T OilNCE CN miSi^MY OP-Af»/)»r . 1982, «rO(£ HE. 1\C IMQtSfCMS, CIOIIAT ilD CauTT M ST«IE. rosoHiur im«ED u£f, mWHOIC feK-SQIIOR VICE-PfCSIKMr WD lajdl, MOM ID IC TO K vnx-mMoon v sy. .'SK;!!~*i2tv * WJMK aniNMiioi, DC coniMTioN m»i exavrcD INE Mmm iHsnotm w MMI IS K TO ec nc KDSONS IW ESOITES nc s«c ON sew/ CF UIO commTKN: m taaauita ia HE n«t s«ig amnnioN EXCUIES THE S*C, nAsuwt TO ITS Btuts on «ii£s>- LUTION CF ITS RUW OF DUSCTDDS. IH VII1ICSS UCIEOF, I WIVE HEIIBHR) SET W HWO Ml tFFIXED Mr NOTWIIL SEA., nc UT ANO VEM IK THIS CEtTIFIClIE FIRST MOVE unnEN. Hf COMSSim E»I«E$ OfnOALtlu. •>, HAKUAMOSW, 1 n 1. t>-j 1 1 CK THIS A^'MT'OF 'iW. STATE OF CALIFOMIA) « .... „, , „ aunr OF SAH oicon tErwE K. DC uNDOSiaco, > WUMI puLic IH M) Fni.siio anNTr AW STATE, pasoMar mHiai Cl. fruw . nan TO IC TO ec ASSISTAHT vicc-ncsioon AND 1 T m»... (HMI TO IC TO BE tSSISIHHI SCCRETMH <t TITU INSUItWE ANO TWST COTANV, t CALIRKNIA COmMTKM. TIC CtmMATION THAT EXECUIEO THE UITHIN INiTHItlENT AS mSTEC, AN) tHoM TO NE TO OE TK rOSONS VW ESECWIS THE SAK (M KXAU ff 9UD tWMIIATION AND AONMillGEO TO IC MAT SAID OOlVOIUTION EXmjIED IIC SAME AS TmSTH, FUGUMT TO ITS OIUUS ON * AESOUIIION OF IIS KWS Of DIRCCIOaS. IN uincss ucscor. i HAVE ttmm sn m HW AND AFFIXED MT NaTASIIL SEAL, DC DM AND TEM IH THIS CEXTIFItATE FIRST AtOW m mwjgiomi'iRES ^/.riY A\ i'"' HOTwrllSriii i . SAID aUITT AND STATE If. ne moeiaioio). BEINC «U. nc PARTIES HAVING m mm TIIIE IKTEAEST IN THE LAM) COVEdOl ST TMIS HW, tO ICREST OHSCn TO THE PKrNUIIOH AW RECOROAIION or THIS m> AS stout MIHIN nc PANca MAP eoufwnr. wo ic ICAEBT DEDICATE TO TIC lULIC A PORTKM OF RANCHO SANTA FE ROAO AH) A POR-TION OF LA OKTt AVENUE FCR USE AS STREfTS, DC VC VERCm RaiMUISH AM) VUK «1 ABUnERS' RICHTS OF ACCESS APPURfENUNT 10 PARCEU I AH) 2 IN AH) TO RMH) SANTA FE ROAD M) U C^« AVEME, EXCEPT INg THEREFWH TIC RELINCUISHCMT OF TIC ABUTTERS' RI«KTS OF AOESi APPurtoAn TO THOSE POR-TIONS OF PARCa 2 OESIGMTEI -MCESS OPENING NO. 1> 'ACCESS OPENING NO. V, AW "ACCESS OPEMNG NO. 3r, AU AS SHOIN ON THIS HAP. OAOI QXrOtATION, A OElAunC CORPORATION, VH) LAW COrW, AN laiNOlS CORfORAIlOH, ' IRED TITU AS U COSTA BTJQWUOA SENiPR VICE-ltCSlOO Tini INSTANCE AW TRUST CWPANT, A CALIFORNIA CORPORATICN. AS TRUSTEE UOR DEEDS OF TRUST RCCCniCD AUGUST IS, Vm AS Fll£/?KE HD. BD-21>12S2, eo« 1900 OF OFricm. Rcconis, HAROI IO, I9DI AS FIUE/PAOE HD. v\-fsnsa. BOOK I9SI OF OFFICIAI RECOROS, AW HWCH 10, 1901 AS FILE/PACE W. St-072aS3, BOaC 1901 IT OFT.ICIAL RECOIIIS-. ASSISTANT VIS-FRESIOENT ASSISTANT SECRftiRT THE SICMiniiE OF TIC CITT OF CARUBW, HOLDER OF W EASEMENT AS DISCLOSES BY DEED RECORDED jar IA. 1977 AS FILE/PACE W. 77-2B11M. BOOK 1977 OF OFFICIAL RECOROS, HAS BEEN (HITTO) (ACER TIC PWVISICMS OF SE0ltH Ui<l%, SUBSECTION (c-1), OF nC SUBOIVISIW HAP ACT, THEIR INTEICST ISiUCH THAt IT CAHOT RIPEN INTO A FEE TITLE Ml SAID SitNATLRE IS NOT REOUIREO Br TIC CCMIHIW; BOOT. TI1LE REPORT PREPARES BT: STEHIRI Tlllf CIH>l»r OF SAN DIECO OmSI H): 323S2-I SHEET 1 OF 3 SHEETS M.S. NO. 574 LECAL DESCmPTIOH BEING A DIVISION OF A PORTItM tf FRAaiWM. SECTION TOUNSHIP 13 SOUn, RANGE 3 VEST, SiM BERNAROW KRIDIAN, AW i FORTICN OF SECTION SI, TOMSHIP 12 SOUIH, RMjE ) V£ST. SW eEiWKIINO MERIDIAN, IK THE CITT OF CAMiBAO.C0Unil OF SAH dEO), STATE OF CALIFOI»|IA,.AS SHOUW ON HAP NO. 7«7. FILES IN nC OFFICE OF TIC COLHTY REOOROER OF SAN OIEIO (OUnY 01 OCTOOER 18, 1972. HJPBER OF ACRES: JLSSa. HICER OF PARCELS:. SURVErOli' S CEKTIFIOTE mis MAP VRS PREPARED BY IC OR IHCR MY DIRECTION (W IS BASES VKA A Fiai) SWVCY IH COWOfMWCE UI1H nC REWIICMEHTS OF TIC SUKHVISKM HAP KT AW LOC«L ORDINAMIE AT THE REOlEST OF DAON COmRATION IH JU.Y, 19S2. I ICRESY STATE THAT WIS PARCa HW SUBSTANTIAUY COfOMS TO nc APPROVED OR CONOITICMIILT APPROVED TENTATIVE MP, IF ANV. ^r/A- TOE RICK tN«IHCI«INO eOHPANT HH lliilf H«t. Ul llin, MUAMU Mill HM rM ,M» MITI, UHIUA, AUIfMIIA HM« mis SUODIVISION CONTAINS A REMIWHI PAACa. HD BUILOING PERMIT SHALL BC ISSICD FOR TIC RmiNDER POICa UNTIL IT IS FUtllCR SEBOIVIDCD PUISUANT TO nc PROHISIOHS QF TITLE 20 OF TIC CAH-SBW HHICIPAL COOE. THIS PROJEH IS APPROVED UPON THE EJPRESS COWtllOH IMAI BUIlfilHG POWIIS UIU NOI BE ISSUED FOR OEVEIOIWNT OF nC SlBJEa PRCABirr UUSS TOE CITT ENGINEER DEIESHIHES niAI StMll CAPACITY IS AVAILABLE AI nC TIHE OF APPLI-CATION FOR StOI PEIHITS AW UIU: OMTIHUE: TD SC SVAIUISU UNTIL TIIC Of OCCUPANCY. CITY ENGINEEB'S CEBTIflCATE THIS HHP coNFone uiiH nc REQUIREICNTS OF ne SISOIVISICN HAP KT AW TIE cm Of CARLSBAD SlSOIVrSION ORDINANCE. THIS HAP MES WT APPEAR TO ec A HAP Of A MUOR SWIVISION FOR WICH A FINAL WP IS RCOUIRCD PURSUANT TO SEOICW UA2S OF DC SUBOIVISIDN WP ACT. I HERESY ACCEPT ON BOVLF CF DC lULIC nC PORTKM OF RANCH) SANTA FC RDM), nC POR-TION OF U COSTA AVEMC. AW Aa AOUTTCRS' RICHTS OF ACCESS APIUtTE-KAHI n) PARCELS I AW 2 IN AW IS RANOO SAHTA FE ROAO AW U COSTA AVEIIC, EXCEPTING TICREFRIM nC ACTEPIAHCE OF DC ABUTTERS' RKHTS OF ACCESS APPUtlEHMF TO THOSE PORTIONS OF PARCa 2 OESIQUTED -ACCESS OPENING m. I", "ACCESS OFEXIHG W. 2". AW "ACCESS CPSNINC TO. 3", NX AS SOO W THIS IW. BY; REC0RBE8'5 CE8TIFIUT6 FILED nilS.AI10AY rt jS!XXI/.tAf IN BCOX OF PARCa HAPS AT PAGE C. LAOUIG. 198/. ATjai;o'aoc«.AH., AT nc REOUEST OF IIOBESI VERA L. LYLE cniNTy RECOROCR FEE; t9.M DCTUTY piioj«eritft_i2KB_ to a) THIS MAP SHOULD BE USED FOR REFERENCE PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. q p o U •H -U I-H u u 0 (U OJ -a Q O PARCEL MAPNO. mcs wt smcr mu/mcMr m KUTATTHC mUSfCIIOH Cf m (Of/IS iMtm m (VU cosa AYC. ivffH mp m mtHMmTBtcii msmiee jirnt rmeof mamim or ms PAKCI MHP KUAimUl MPCU More I mDtmMjtemuuujiPAiicu Kc'o ii-h-it'j(a>rmm ^jFurURB BAD MNCHO SHEET 2 OF 3 SHEETS MINOR SUBDIVISION NQ 574 BASIS OF BEARINGS 7M? BAsa Of OEA/rmee FOR ruia MAP /S A PORTKM OF TUB CASTE/fLY OOUMOAIiY OF MAP 74B7 ADJACEMT 70 LOT Z49 VICINITY MAP A07E - KANCUO AAMTA FE ROAO, LA COSTA AIKNUE AfWmsi une OF XCTltN 81 HAVE EeBM ESTABUSHED FKOM A COmiMATIOH CF INFORHATION SHOWN OU MAP 7467. MAP aOSO AMD FIELD MEASUn&^EfTTa. IMLEMOTUBIPVlie HOTED ALL BeMaN6& ANO DISlANCe. aUOVN HEPeoU ARE MEASURED ANO RECORD PER TUBOE MAPS VUERE APPLICABLE. SCALE I'-ijOO' -JHOKATea FOUND f IRON PIP6 WITU OI6C HARKED RCE. 94/e PCR HAP NO. 74or UNceas oms/fmas NOTED jNotcATEa acr -Vt' x ta' IRON PIPE WITU nMTlC CM> MARKED jSe ^.MOKATES FOUND 3^' IRON PIPE mv Diac MARKED R.CS. PER MAP NO. 7437. RADIAL BEARINO INDICATESt ACCESS Rl&Ura RELINOUIBHEO ANO MM/VED UEKEON '/JCMO EASEMENT TO •< p§imc.^77'^° ""^ moicms/nsKToFmruNC \REC-0 7-»-77, BOOK 1^77 OJt. PORTION OF LA COSTA imNUE DaxATED m me CITY OF CARL6BAO HEREON St. MCOR. sec 31 FOUND ¥l' IRON PIN pok MAP aoeo t R.& 464 men mpaomoAHi fWKEL I. amss UDCCLI.Ma fAKEL t.eHOSS FAUCCLI.MCT m( ,lt Miff. UHIM*. lllifMttA •HM.mlMMttmOlM Wt s.nsAC O.UJAC. 0.44? AT. 3.ISI AC. 4.XS4C to m THIS MAP SHOULD BE USED FOR REFERENCE PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. c p O O •H +) H PARCEL MAP NO. 15586 THIS MAP SHOULD BE USED FOR REFERENCE PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. to HI a p 0 o •H •U H Ot •• u u O 0) 10 t) Ql U Q Q Escrow No. Loan No, rtgcORDWG REQUESTEO BY ETEWART TITIE COMPANY WHEN RECORDED MAIL TO: Theodore Aroney 7220 Arenal Lane Carlsbad, CA 92008 83-07035? 1 CS UF TXPO /i.'D SPACE ABOVE THIS LINE FQR RECORDEtl-S USE MAIL TAX STATEMENTS TO: Theodore Aroney 7220 Arenal Lane Carlsbad, CA 92008 DOCajMENTARY TRANSFER TAX S... .. CompuTtd on Itie considafstion or valut ol ptopertv conveyBd; OR >. CofnputwJ on tht coniidiraticin or value ia«E litnt or ancumbrancai rtmaining at tima ol sala. Tl• - ^ StflnatJua^f Oaclcrant or Agant daiarmlnlng t«M — ^ir 'a? 7~c'*v,yi: y- i t /• t A.P.N. •2, -i. i ' o t o CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipl of which is hereby acknowledged, DAON CORPORATION ("Grantor"), who acquired title as LA COSTA LAND COMPANY, a corporation organized under the laws of The Stale of Delaware GRANT to THEODORE ARONEY, an unmarried man ("Grantee"), does hereby the real property in Ihe City of Carlsbad , Countyof San Oiego Slate of CaUfornia. described as set forth on Exhibit A attached hereto and incorporated herein by this reference. COVENANTS OF GRANTOR ARE SUBJECT TO ALL MATTERS OF RECORD AND ALL MATTERS KNOTO TO GRANTEE AS OF THE DATE THIS DEED IS RECORDED. Dated. February 24, 1983 STATE OF CALIFORNIA COUNTY OFQRANGE February 24, 1983 oeforf nta.' the undersigned, a Notary Public in and for said State, personally appeared personally appeared Michael K. Kyan V.P. Land known to nie lo b«_ihe , , W.A. CTolton, iii . °-""--firi. and Wnown to me to be the Sr . VP TRHH F of lh» corporaiioi. that executed the within instrument, and known to me to b« tht pet»ns who SKecutcd the wiihin instiument on behalf of .(he corporalion therein named, and acknowledged to me that wch corporation axecuted iho within iosirument pureuini to Its t)/-l»ws Of a resolution of iu board of directors. WiTNESi-rov hand and official seal. Signature . • Brown' Hareia A. DAOtI CORPORATION a Delatrfare corporation OTFICIM SEM KADCU/LBIIOini HoUty Put* - ClWllttw My Conumaon tipees Ocl 1, IMS t-OHt MAIL TAX STATEMENTS AS DIRECTED ABOVE Descxiption: San Diego,CA Document-Year.DocID 1983.70357 Page: 1 of Order: 1 Comment: r 1 .'-1637 13-HHH-(37)012583 EXHIBIT A Legal Description That certain real property ("Property") described as recorded on follows: Parcels 1 and 2 of Parcel Hap No. /...^ 5 ^ Co /- p, ( C/ ;g 1/ .$>. o , 1983 as Document No. in the Office of the San Diego County Recocdec. RESERVING THEREFROM, all minecals, mineral eights, oil, oil fights, natural gas, natural gas rights, petroleum, petroleum eights, other hydrocarbon substances, geotherraal steam, all underground water, and ali products derivet3 from any of the fore- going, in or under or which may be produced from the Property which underlies a plane parallel to and 500 feet below the present surface of the Property together with the perpetual right of drilling, mining, exploring and operating therefor and storing In and removing the same from the Property or any other land, including the rignt to whipstock or directionally drill and mine from lands other than the Property, oil, water, or gas wells, tunnels and shafts into, through or across the subsurface of the Property, and to bottom such whipstocked or directionally drilled wells, tunnels, and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, main- tain, repair, deepen, and operate any wells or mines, without, however, the right to drill, mine, store, explore, and operate through the surface or the upper five hundred (500) feet of the subsurface of the Property. FURTHER RESERVING THEREFROM, an easement-in-gross, together with the exclusive right to eraplace on, under and across the Property, transmission lines, cables, conduits, manholes, markers and other facilities for a community antenna television system and necessary fixtures and appurtenances, and the right to enter thereon to setvice, maintain, repair, reconstruct, improve and replace such facilities; ptovided, however, that the exercise of ths tights does not unreasonably interfere with Grantee's reasonable use and enjoyment of the Property. GRANTEE HEREBY COVENANTS AND AGREES by the recording of thia Deed that the covenants and conditions of Grantee to be performed after recordation of this Deed under that certain Purchase Agreement and Escrow Instructions dated April 7, 1982 ("Purchase Agreement") and all amendments thereto, between Grantor and Grantee including, without limitation, the covenants and conditions under Exhibit G (General Conditions) to the Purchase Agreement, shall be construed to be covenants running with the land, and the word "Buyer" in those covenants and conditions shall also include any successors-in-intei:est of EXHIBIT 1 TO GRANT DEED COUNTY OI=ORANGE February 24, 1983 . I On . before me, the uoderiiflned. a Notary Public in and lor laid State, personally anpearitd — , Michael K. Hyan ^TPT Land known 10 me to be the W.A. Colton, 111 .and known lo me to be the t^ r V P T.nnfj iCmale,, of the corpbtatiiMi that executed the within injtrumeni, and known to me to be the pertont who executed the within inttrumant on behalf ol the corporation therein named, end acknowledged lo me that »jch corporation executed the within imtnjment punuini to (t5 by-livrs or a resolution ol its board ol diteclors. Wl'. Ness.^y hand and ollicial teal. Signa,u,e'^>r^1 1^ (L 1^1 ^TAJVI Marcia A. Brown CO ( CO CO MAIL TAX STATEMENTS AS DIRECTED ABOVE ; FORM KB Description: San Diego,CA Document-rear.DocID 1983.70357 Page: 2 of 3 Order: 1 Comment: \ r 1638 perfo::anc"e'of the^L'^'o^^.^f Of the covenants runninq Cuh ^hf'f'S" ^^'"^ ^° ^^^n a release aeveiopment of the Prope^^r^as^en^-fo?! T/lfntlt.°' -a / CO OJ EXHIBIT 1 TO GRANT DF.F.n COUNTY OFoRANGE February 24, 1983 . I before me. the undersigned, a Notary Public in and for said State, personally appeared . _ Micnael K. Kyan iJ.T.'VtSitds— rrr known IO ma to be the -Sr. V ^ , T.n n ti . _ . _ '•4<-YOf the corporation that -executed the within imtrumfint. arWi known to me to be ths persont iwho «K«cutKl th« within instrument on behalf of Ihe corporation therein named, and acknowledged to me that uich corpccation executed the within instrument pureudm to its bvl»ws or a resolution of its boerd of directors. WlTNESa-«y Hand and official saai. SignaiufB ilarcia A. Brown (Thli araa ror orticlal notarial taat) MAIL TAX STATEMENTS As DIRECTED ABOVE Descr-iption; San Diego, CA Document-year. DocID 1983.70357 Page: 3 of 3 Order: 1 Comment: • • :q.U3mmoo x .'JspJO » 5 JO r :eBsd T9L66Z'366X ai^oC ^^^X-^^^^^OC VD' c>3ara_}i^S ; uor^drjrosaa UUU H- 1770~\JL77 {Ql RECORDiNQ REQUESTEO BY ANO 1245 J WHEN RECXDRDEO MAIL TO: I DANIELS CABLEVISION. INC. ATTN: Corporate Contracts 5720 El Camino Raal Z Cartsbad, CA 92008 DOCUMENTARY TRANSFER TAX $ 0 Daniels Cablevision, Inc. BY: V ^ MAY 21, 19^8 11:02 AM OrFlCIHREECRK 7^-0Zf^7^ m m mm mm'i omcE GfifGOF;Y J. m, COfOY RECTO FEES: 25.00 I FOR COUNTY USE ONLY COMMERQAL RIGHT OF ENTRY AGREEMENT ^Ao, JTifJl^^^^ ^ °^ MARCH 26. 1992, by and between DANIELS CAB^SION. INC.. a Delaware corporation, whose address is 5720 B Camino Real. Carlsbad CA • 92008. COpontof), and LA COSTA V1LLAGF IN^ a Corporation, whose address is c/oBveorGenafal Contmctors. 6867 Nancv Rldoe Hrive. Sufta A. San Dieoo. CA 9?191 {•QmeC). RECITALS ' A. Owner owns a commereial £BQJ£CI known as LA COSTA VlLLAQg whQ.-^fl «ririr«^.i k U Costa Avenue and Rancho Sanm pn consisting of BUILDING 'A' f31.000 sauare foot Rph^ii)- BVILPINQ "B' f4.QQ0 square foot Restaurants 2.600 souflra foot future fast food: 2.800 square foot QM station: and future ATf^ fCj^sk, plus any units added or constnjcted In the future (the •CompleaO, th« legal description of which Is attached hereto as Exhibit A. B. Operator owns and operates a cable television system {the 'System") in CAHLSBAO. CA (tfw •Commifilty^, pursuant to a franchise agreement or permit with the Community (the 'Frenchlse"). C. Owner desirw to obtain and Operator is willing to provide cable television and other senncet (tbe "Seoflce^ to the Complex upon the terms and conditions contained herein. AGREEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree as fbllows: 1. ISM. The tenn of this Agreement shall commence on the: date hereof and shall end upon the expiration of the Franchise, unless sooner temiinated as provided herein. If the Franchise ttTBoewed or extended, this Agreement shall automatically renew for the duration of such renewal or lodenskyi, unless sooner terminated as provided in Section 8. amt ' :q.u3umoo T : ^sp^O • . 6 Z -s-e^J 19L66Z-8661 ai^oa'-i^sX-^i^^^=>oa YD'o6exa_u5S :llO^:^dTX^s^a 2. INSTALIATTON. OWNERSHIP AND MAINTENANCE OF SYSTEM. (a) Operator shali install in the Complex all facilities and electronic equipment (the 'Equipment^ necessary to provide the Service to all commercial units therein (the 'Units'); such installation to commence as soon as reasonably possible upon execution of this Agreement Such installation shall be performed in accordance with the Franchise and Operator's constnjction and service specifications. Owner shall provide, wnthout charge, adequate space and tilectricity for the Equipment (b) Operator, af ail times, shall retain exclusive title to and control of the Equipment All Equipment so installed shall not be considered as fixtures to the Complex, but is the personal property of Operator. Upon temnination of this Agreement, Operator, at its option, may either remove any or all of ttie Equipment from the Complex, render any or all Equipment inoperable or leave any or all of it in place. Operator shall repair, replace and maintain all Equipment at its ovm expense. (c) Any property damage to the Complex proximaJety caused by Operator as a result of its installation, repair, maintenance or removal of the Equipment shall be timely and reasonably repaired by the Operator Owner shall take reasonable precautions to notify its contractors, agents and empkiyees of the location of the Equipment and shall promptly notify Operator of any underground constaiction in the vicinity of the Complex. Owner shall promptly repair or cause to be repaired, to the reasonable satisfaction of Operator, any damage to tha Equipment caused by Owner. (d) Operator shall have the right to use any existing unused or partiaily used conduit or openings passing through the building core or horizontally above the ceilings and hallways where .space is available, including any existing unused or partially used vertical risers and cable vault, and upon prior consent of Owner, which consent shall not be unreasonably withheld, Operator shall have the right to penetrate and bore through tha floors and walls of the building in conformance with the building engineer's instructions, In tha vertical riser space, mechanlcEil, electrical and telephone Closets, to install, maintain, operate, repair, replace and remove coaxial and fiber cables, wires and conduits. Owner or its authorized manager agrees to assist Operator in locating and accessing riser space in the property, including entry to and exit from the building at the street or alley vault. 3. GRANT OF EASEMENT AND RIGHTS. Owner hereby grants and conveys to Operator and its successors and assigns an unrestricted easement in gross on, over, under, vrithin and through ttie Complex as is necessary to install, maintain, repair, replace and remove the Equipment and the System. Such easement shall oin vwth the land until the end of the term of this Agreement and thereafter during any period allowed for removal of the Equipment Such grant shall indude a right of reasonable access wthin the Complex to sell and market the Service; to connect, disconnect, and change Sendee to ttie Units; to install and remove Equipment vwthin the Units; and, as necessary, to repair, maintain, relocate or replace Equipment. Ali such repair, .-nantenance, relocation or replacement shall be the responsibility of Operator. 4. TENANTS' ACCOUNTS. Unless bulk billing to Owner or other special provisions are provided fbr by an exhibit to this Agreement (i) all transactions for the acquisition of the Sen/ice shall be directty between Operator and tenants: (ii) ttia tenants rather than Owner shall be responsible for the installation charges and monthly subscription rates, Equipment deposits or other charges for the Service; and (iii) Operator assumes sole responsibility for collection of charges, billing, accounting and other related services. On request, Owner agrees to pnijvide to Operator any forwarding addresses Moil kednigr ^ ^ J. ;?uannnoo x -JepJO . . 5 ;o c .-afiej l9L66Z e66l aiooQ'^^s^-:iU3xmxooa VD'oBazaji^S :uo•c:^dxxosaa \ of former tenants and other such information available to Owner in order to facilitate collection of I delinquent accounts. Owner agrees to accompany, or cause one of its representatives to accompany, agents or employees of Operator into any unattended Unit Z 5. BULK BILUNG ARRANGEMENT. During the term Of this Agreement. Owner and Operator may negotiate ttiat ttie Sen/ice shall be provided in accordance with a bulk billing anrangement i between Owner and Operator At such time. Owner and Operator shall enter into a Bulk Billing • Agreemenl The termination of the Bulk Silling Agreement during the term of this Agreement shall not - affect any of the rights granted Operator under this Agreement. 6. COVENANTS OF OWNER. As of tha data hereof and during the term of this Agrasmflnf * (a) Owner warrants ttiat it has title to ttie property on which ttie Complex Is located = and is auttwrizad to enter into ttiis Agreement, or, if ttie execution of ttiis Agreement is not by Owner, ttie signatory is ttie auttwrized agent of Owner. This Agreement constitutes ttie legal, valid and binding obligation of Owner. ; (b) Ovffier agrees to use its reasonable efforts to provide in writing to Operator ttie name of ttie manager of ttie Complex, ttie name of any tenant terminating his/her lease, and ttie names of all new tenants. Owner will use reasonable efforts to attempt to retain any Equipment of Operator ttiat is in the possession of tenants who have terminated their leases. i (c) As an inducement to Operator to make tho capital expenditure required to install ttie Service in the Complex, Owner represents that it has not granted and will not grant any other easements or rights which will interfere viritti ttie operation wittiin ttie Complex of Operator's Senflce or Equipment (d) Owner and/or its managers shall notify Operator of any damage to the Equipment of which ttiey become av«re. 7. INDEMNIFICATION. Operator shall hold harmless and indemnify Owner and its principals, partners, affiliates, officers, directors, agents and employees from and against any and all damage or claims for damage asserted by reason of Operator's installation and maintenance of ttie Equipment in ttie Complex (except loss or damage arising from any negligent or willful act or omission of Owner, its agents or employees) or ttie material breach of any representation, warranty or covenant made by Operator in this Agreement. Owner shall hold hannless and indemnify Operator and its principals, partners, affiliates, officers, directors, agents and employees from and against any and all damage or daims for damage ttiat may be asserted by reason of ttie ovmership, use or occupancy of tfie Complex by Owner, its agents or emptoyees (except toss or damage arising from any negligent or willful act or omission ot Operator, its agents or employees) or the material breach of any representatkjn, wa.'ranty or covenant made by Owner in ttiis Agreement. If eittier party is obligated to incur costs In order to enforce any provisions of this Agreement the prevailing party shall be entitled to reimbursement for all reasonable costs so incurred, including reasonable attorneys' fees and costs. 8. TERMINATION. (a) This Agreement may be terminated by either party if ttie ottier party violates any provision of ttiis Agreement provided, however, ttiat the defaulting party shall be given notice of ttie daoii • 6 3^° , :.5.s I9L66Z-866I ai.oa--A-.-o^-a .O'of>.,aj,^S :^o,^^osea default and shall have ttiirty (30) days from receipt of such notice in which to cure or commence to cure ttie default If tiie defaulting party has not cured or commenced to cure such default by the end of such 30-day period, ttiis Agreement shall terminate on ttie date stated in the notice. (b) Operator may terminate ttiis Agreement upon sixty (60) days' written notice (or sxh shorter period as may be required by law) to Ovimer if Operator is unable to continue ttie distribution of ttie Senrice due to any govemmental taw, rule, regulation, judgment of any court, contract vntti a ttiird party, force majeure or any ottier reason beyond the reasonable control of Operator, or if ttie Franchise is assigned, terminated, sunendered or revoked for any reason. 9. SERVICE INTERRUPTION. In ttie »,ent ttiat during the temi of this Agreement, the Senflce is intamjpted or discontinued because of some occurrence beyond ttie reasonable control of Operator, such discontinuance or intermption shall not be considered to be a breach of this Agreement 10. FRANCHISE OBLIGATIONS. The parties acknowledge that Operator is subject to ttie provisions of ttie Franchise and to ttie provisions of applicable federal and state laws and regulations. Any duty or promise of Operator under ttiis Agreement which conflicts vwtti any proviston of ttie Franchise, or witti applicable federal or state lav« or regulations, is to ttiat extent void. Notwittistanding, ttie terms of ttiis Agreement are considered severable and in the event that any term . is rendered unenforceable due to any such conflict, ttiis Agreement shall remain in full force and effect, except for such term. 11. GENERAL TERMS. (a) The easement granted herein shall run wiUi ttia iand and shal! sun/ive any sale, assignment or transfer of ttie Complex. This Agreement may be assigned by either party and upon such assignment, ttie covenanis and agreements contained in ttie grant herein shall apply to, inure to ttie benefit of, and be binding upon ttie parties hereto and ttieir respective heirs, successors and assigns. Owner agrees to give Operator no less ttian ttiirty (30) days' prior written notice of any sale, assignment or transfer of Owner's interest in ttie Complex, including the name and address of ttie pnjspective purchaser, and agrees to provide a copy of this Agreement to any such prospective purchaser of ttie Complex. (b) This Agreement, including ttie exhibits hereto, constitutes the entire agreement between ttie parties and supersedes any and all previous agreements of whatever nature between the parties with respect to ttie subject matter. This Agreement shall not be changed, amended or supplemented except by an agreement in writing signed by both parties. 12. NOTICE. All notices to be given by eittier party to ttiis Agreement to ttie other party shall be in writing, by certified mail to tiie addresses indicated in ttie first section, of ttiis Agreement Eittier party may designate a different place or places of notice by delivering written notice ttiereof to ttie ottier party in accordance witti ttiis section. 5 JO s :eBBj l9L66Z'e66T ai^oQ • x^a^-^usmnooa VD^o^eja ci^S ; uor^cfTjosecr written The parties have executed friis Commercial Right of Entry Agreement as of ttie date first above OPERATOR: DANIELS CABLEVISION, INC. \J6^ Odum. President OWNER: LA COSTS VlLLAGg INC Name: /r;?'c 4.t,r/ ^. Titie: -Jf^^^/^A,, .•^uammo.^ j .-jrepjO » .5 J° 5 .-efipj 19L66Z' 8661 ai^oa' ^^^X-^Lis-ainooa VD'oSaja^^S : VOJ:^dz:r^s^a !T A ABKhcd to and made a part of ttiat Commercial Right of Entry Agreement dated MARCH 28 1998 betwat DANIELS CABLEVISION, INC.. (^^peratoH and \A^mm^!S^^ ^ Legai Description Pareela 1 and 2 of parcel map 12588 In ttie City of Carlsbad. County of San Diego, State of Califbmia. assasaors parcel nutttbera 22306028 and 22936029. v^' Mtit .•^uannnoo x : ^apsro ''6 J° 8 :s6e£ 19L66Z'866X aiooa • :ieex-^tiomnooa 'o5eTa__uPs tiOT^eJTjrosecr Stata Of f^vADA ][251 — Countyof. CLARK — On J5flil^[^_i998 data Pmonally appMT^. .baforama, ^ Notary Public Hichael E. Luce Name, Tltla of Officer xx«-~«„wK, i~ Name of Signerts) ~ — WITNESS my hand and official seal. signature of ffotary ? Stata of ( ^i, County of Q On date P««pnaHy appaarad Name, TiUe of Officer yy.^ V n.r.iv«ik,i«^ K«me of Slgner(s) lf±i!oSrj^^ to be ^^"^^ ""^""^'"t «lcno!rt2SaJto me hS>SSS^^^!lJ;.^* m^erAhdr authorized capacfty(laa), and that by f " •- - Camiaanl)' t%Carm(xMil«rl.lXS ^aa»#w»»wa'»r WITNESS my hand and official seal. aimt NOTICE [This notice is required by California Government Code Section 12955] If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in Subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 ofthe Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 1388 DOC ft 1998-0849871 DEC 28=. I'^S'S 2:22 OFFICIAL RECORDS SAN DIEGO COUNiy RECORDER'S OFFICE GREGORY J. SHITH, COUNTY RECORDER FEES: 13.00 PM IIIII lliiilllllllll llll lililll iiiiilii 1998-0B49B78 Space above this line for Recorder's use Assessor's Parcel fvlumber Project Number and Name 223-060-28, -29 SDP 86-03(A) NOTICE OF RESTRICTION ON REAL PROPERTY The real property located in the City of Carlsbad, County of San Diego, State of California described as follows: Parcels 1 and 2 of Parcel Map No. 12585, in the City of Carlsbad, County of San Diego, State of California, recorded on February 25, 1983 as file/page No. 83-060578 of official records in the office of the County Recorder of San Diego County. is restricted by a Site Development Plan No(s). _SDP 86-03(A) issued by the City of Carlsbad on _April 3, 1996. A copy is on file at the City of Carlsbad Planning Department. The obligations and restrictions imposed are binding on all present or future interest holders or estate holders of the property. Rev. 06/04/96 Description; San Diego,CA Dociiment-rear.DocID 1998.849878 Page: 1 of 3 Order: 1 Comment: 1389 OWNER: LA COSTA VILLAGE, INC. Owner's Name Signature CITY OF CARLSBAD MICHAEL J. H LZMlLLER, Planning Director Date William T. Walters, Pres.ident Print name and title Michael E. Luce, Secretary Print name and title February 10, 1998 Date ATTEST: ALETHA L. RAUTENKRANZ, City Cl.crkA APPROVED AS TO FORM: RONALD R. BALL, City Attorney (Proper notarial acknov^ledgment of execution by Owner must be attached.) (President or vice president AND secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation). (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). Rev. 06/04/96 Description; San Diego,CA Document-rear.DocID 1998.849878 Page: 2 of 3~ Order: 1 Comment: NEVADA STATE OF)SM>IM)Wf^A CLARK COUNTY OF amtlMBQ© On February 10, 1998 before me, ^-•-AzA.^AiOus^ (PA^:^^'^.^ William T. Walters, President ot La Costa village, Inc. Notary Public, personally appeared AND Mirhael E, Luce. Secretary of La Costa V,illage, Inc. ^ personally known to me - or • proved to me on the basis of satisfactory evidence to be the person(s) whose name{s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s}, or the entity upon behalf of whrich the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary) BARBARA J. CROSS MOTWY PUBLIC-8TATE Of KEVM» 9^0488-1 tt«to8ttolr«*y»bfWirgT.tW Rev. 06/04/96 Description; San Diego,CA Document-Vear.DocJD 1998.849878 Page: 3 of 3 Order: I Comment: DDC t 2001-0658897 EP 13. :ooi Ol PM RECORDING REQUESTED BY: , WHEN RECORDED MAIL TO: City Clerk GITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad. CA 92008 MMLIAX EXEMPT STATEMENTS TO: EXEMPT 11161 QFFICIfiL RECORDS SAN DIEGO COUHTY RECORDER'S OFFICE GfSGORV J. SHITH, COUNIY RECORDER FEES: 0.00 OC: 'HA 2001-0658897 SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 /ij^yz>^ ( ) computed on full value of proper^onveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and Assessor's Parcel No.: Project No. & Name: Rancho La Costa Village 223-060-28 SDP 99-07 PR 01-21 - Tosco 2787241 GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of whicti is hereby acknowledged, Tosco Corporation, a Nevada Corporation hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of Califomia: an easement for PUBLIC STREET AND PUBLIC UTILITY PURPOSES, over, under, upon and across said real property as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. Exhibit "B" consisting of one (1) page is attached for clarity only. DATED ^ /gs^ SJ 202> / STATE OF-eAWORNiA Av'25v>:^ ) COUNTY OF .§AN-Bt6ee-^W'a>f^ ) On Sg^miogi^ 5i2X0l before me. rvMrorl (here insert name and title of the officer), personally appeared -Oc^\) ^<^ \,VJQ.I/d5<r>fv\idU , personally known to me (or proved to me on the basis of satisfactory evidence) to tie the p€rson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument . .. Tosco Corporation, A Nevada Corporation ] - (Name of Company) (Signature) Name: J>4//"</ W^idsck^idi- (Type or Print) (Type or Print) Title: By: Name: WITNESS my hand and ofUcial seal. Signature: OFFICIAL SEAL MEUSSAD.-flliSSMONO KOTWW PUBLlC-STA-re OF ARee«*-MARICOPA COUNTY My Comm. Expires May 8,2003 (Signature) (Type or Print) (Type or Print) WorcN^sla^FoonsVGranl De«d ol Eas^msnl - Cli/ Description; San Diego,CA Document-year.DocID 2001.658897 Page: 1 of 4 Order: 1 Comment: EXHIBIT "A" PR 01-21 PARCEL ^^A" LEGAL DESCRIPTION STREET DEDICATION A.P.N. 223-060-28 11162 THAT PORTION OF PARCEL 1, PARCEL MAP NO. 12586, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 1, SAID POINT BEING ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF RANCHO SANTA FE ROAD AS SHOWN ON SAID PARCEL MAP NO. 12586; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 36°49'24" EAST, 81.54 FEET; THENCE NORTH 38°50'03" EAST, 67.51 FEET TO ' THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY WHOSE RADIUS POINT BEARS SOUTH 51°09'57" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00", 39.27 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF LA COSTA AVENUE AS SHOWN ON SAID PARCEL MAP NO. 12586; THENCE ALONG SAID RIGHT- OF-WAY LINE SOUTH 51°09'57" EAST, 149.00 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTHEAST LINE OF SAID PARCEL 1, SOUTH 3 8°50'03" WEST, 6.00 FEET; THENCE NORTH 51°09'57" WEST, 128.00 FEET; THENCE SOUTH 83°50'03" WEST, 35.36 FEET; THENCE SOUTH 38°50'03" WEST, 143.00 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 51°Q9'57" WEST, 18.14 FEET TO THE POINT OF BEGINNING. (CONTAINS 0.1064 ACRES MORE OR LESS) STUART PEACE, RCE 27232 EXP 3-31-05 STUART ENGINEERING 752 5 METROPOLITAN DR, SUITE 3 08 SAN DIEGO, CA 92108 (619) 296-1010 FAX(619) 296-9276 PAGE 1 OF 1 121-00-01 08/23/2001 P,\ADMIN\121\ld484.doc Description; San Diego,CA Document-year.DocID 2001.658897 Page: 2 of 4 Order: 1 Comment: ^ UNE TABLE Ho. BEARING LENGTH Ll 50' 03" W 35.36 L2 N38<* 50' 03" E 6.00 L3 $08° 08' 10"E 19.11 L4 S240 w 15.35 L5 S830 50' 03' W 18.63 L6 N830 50' 03" E 16.72 L7 S38«> 50' 03' W 12.79 L8 N57» 58' 35' W 67.14 L9 N51M5' 14'W 10.84 LIO N45°3r 52" W 18.49 Lll N21o4r00" W 8.05 L12 S51»09' 57" E 102.92 L13 NST'og' sr w 25.08 „_™ ^^^^^ y///////7\ INDICATES STREET DEDICATION INDICATES ACCESS RIGHTS RELINQUISHED AND WAIVED SHEET 1 OF 1 DEDICATION PLAT - CITY OF CARLSBAD APPLICANT' RANO10 LA COSTA V1LLA(£, LLC ,C/0 SIMAC CONSTRUCTION ! 15938 BERNARDO CENTER DRIVE ;S.^ DiE(30. CA 92127 ; C553) 674-9880 PREPAREDLY; STUART PEACE. RCE 27232 EXPIRES: 3/31/05 PROJECT: SDP 99-07 STREET DEDICATION APN.: 223-060-28 PR 01-21 EXHIBIT "B" Description; San Diego,CA Document-year.DocID 2001. 658897 Page: 3 Order: 1 Comment: of 4 11164 CERTIFICATION FOR ACCEPTANCE OF GRANT DEED OF EASEMENT This is to certify that the intere§t...in peal>|)r<D.perty conveyed by the grant deed of easement dated September's, 2001 from Tosco Corpdration, a Nevada Corporation, to ,^ "/• '"'•i^: Si* ''^'^ •,• "."i ••-•;''.:^':- the City of Carlsbad, a Munidpal Corporation is hereby accepted By the City Council of the City of Carisbad; California; pursuant to Ordinance No:;vNSr422,^adopted on September 16,; 19.97, andithe grantee consents to the recordation thereof by its duly authorized officer ' ' ' ^ '•X " -'^ •••• •• ,:•.-:•;;:•.•-:•••: 'v. A fi-) ••• Ai;--x^-^^ S .,-;"T.- ^r.''-:-"^''•' *-: .• 'n',"" .•'ivV-- t ,.-';";" ::rv;>vi4^ "''--.J:{ .'i ^•••. l-yyi :'• .••siv'y'''^',;^.; S-i DATED: September 13, 2001 Ja^ce'Breitenfeld.-Deputy City Clerk Description; San Diego,CA Document-year.DocID 2001.658897 Page: 4 of 4 Order: 1 Comment: RECORDING REQUESTED BY: , i WHEN RECORDED MAIL TO: Cily Clerk CITYOF CARLSBAD 1200 Carisbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT nnn if nnni _n/:i::aQqQ uuu -H- ZuU±~U0vJQ070 SEP 13, 2001 3:01 PM OFFICIAL RECORDS SfiH DIEGO COUNTY RECORDER'S OFFICE . ^ ^ _ ^GREGORY J. SHITH, COUHTY RECORDER 11165 FEES: 0.00 DC: Hft 2001-0556898 SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Documentary transfer tax is SO.OO/'^/^g^ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and Assessor's Parcel No.: 223-060-28 Project No. & Name: SDP 99-07 Rancho La Gosta Village PR 01-85 - Tosco 27 8 Ttt^- GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, Tosco Corporation, a Nevada Corporation hereby GRANTS to City of Carisbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State o1 Califomia: an easement for SLOPE PURPOSES, over, under, upon and across said real property together with the right to construct, grade, remove and deposit soil and construction materials, conduct /// /// /// /// /// /// /// /// /// /// /// /// • :• /// /// /// /// /// /// /// /// /// /// /// /// /// Wt>(*Ma=lofS\FomK\Ganl Dood ol Easemwt - CWy 6/1/00 Description; San Diego,CA Document-Year.DocID 2001. 658898 Page: 1 of 6 Order: 1 Conment; 11166 operations related to the construction of adjacent facilities and features, clear, landscape, inspect, and maintain within the bounds of said easement as described in Exhibit "A" consisting of tirb (2) pages, attached hereto and made a part hereof. Exhibit "6° consisting of one (1) page is attached for clarity only. Upon application by the property owner, this slope easement may be quit claimed by the City of Carlsbad after a site pian is approved on the property affected thereby and the City Engineer determines that the slope easemer^t is no longer / 3 7 2 4 I required by the City. DATEDy-^V^T^X STATE QF^AUrORWA ) COUNTY OF•SA^f-etEel©•V^v^'^<') On •SgP^l^jpe*^ S,2-C6l . before me. (here insert name and title ofthe officer). personally appeared JjOiv\c^ Vml/l^dowiAA', personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herrtheir authorized capacily(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Tosco Corporafion, A Nevada Corporation • (Name of Compar^) (SignatQre) r.-; Name: J)/iW^UscXki/'ol.i (Type or Print) (Type or Print) Title: WITNESS my hand and official seal. By: Name: Title: (Signature) (Type or Print) Signature; MEUSSA D. REDMOND '«^P^C-STATE OF ARIZONA wy comm. Expires May 8,20O3 (Type or Print) 1 Won3SMa$tB/sy=orms\Grani Dood ol Eascmanl. City Description; San Diego,CA Document-Year.DocID 2001.658898 Page: 2 of 6 Order: 1 Comment: " 11167 EXHIBIT "A" PR 01-85 PARCEL "B" LEGAL DESCRIPTION SLOPE EASEMENT ALONG RANCHO SANTA FE ROAD A.P.N. 223-060-28 THAT PORTION OF PARCEL 1, PARCEL MAP NO. 12 586, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 1, SAID POINT BEING ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF RANCHO SANTA FE ROAD AS SHOWN ON SAID PARCEL MAP NO. 12586; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 1, SOUTH 51°09'57" EAST, 18.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 38°50'03" EAST, 143.00 FEET; THENCE NORTH 83°50'03" EAST, 18.63 FEET; THENCE SOUTH 24°46'00" WEST, 15.35 FEET; THENCE SOUTH 34°53'32" WEST 128.55 FEET; THENCE SOUTH 08°08'10" EAST, 19.11 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 5l°09'51" WEST, 39.71 FEET TO THE TRUE POINT OF BEGINNING. (CONTAINS 0.0757 ACRES MORE OR LESS) STUART PEACE, RCE 27232 EXP 3-31-05 STUART ENGINEERING 7525 METROPOLITAN DR, SUITE 308 SAN DIEGO, CA 92108 (619) 296-1010 FAX(619) 296-9276 PAGE 1 OF 2 121-00-01 08/23/2001 F.\Ar*H[)\121\lcH«4 .doc Descriptio.T; San Diego,CA Document-year. DocID 2001.658898 Page: 3 of 6 Order: 1 Comment: EXHIBIT "A" PR 01-85 PARCEL "C" LEGAL DESCRIPTION SLOPE EASEMENT ALONG LA COSTA AVENUE A.P.N. 223-060-28 1116S THAT PORTION OF PARCEL 1, PARCEL MAP NO. 12586, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 1, SAID POINT BEING ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF RANCHO SANTA FE ROAD AS SHOWN ON SAID PARCEL MAP NO. 12586; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 1, SOUTH 51°09'57" EAST, 18.14 FEET; THENCE NORTH 38^50'03" EAST, 143.00 FEET; THENCE NORTH 83°50'03" EAST, 35.36 FEET; THENCE SOUTH 51°09'57" EAST, 25.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 51°09'57" EAST, 102.92 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 3 8''50'03" WEST, 10.49 FEET; THENCE NORTH 21°47'00" WEST, 8.05 FEET; THENCE NORTH 45°31'52" WEST, 18.49 FEET; THENCE NORTH 51°45'14" WEST, 10.84 FEET; THENCE NORTH 57°58'35" WEST, 67.14 FEET; THENCE NORTH 38°50'03" EAST, 12.79 FEET TO THE TRUE POINT OF BEGINNING. (CONTAINS 0.0184 ACRES MORE OR LESS) STUART PEACE, RCE 27232 EXP 3-31-05 STUART ENGINEERING 7525 METROPOLITAN DR, SUITE 308 SAN DIEGO, CA 92108 (619) 296-1010 PAX(619) 296-9276 PAGE 2 OF 2 121-00-01 08/23/2001 Fi\AD«IN\121\ld48«.doc Description; San Diego,CA Document-Year.DocID 2001.658893 Page: 4 of 6 Order; I Comment; UNE TABLE NO. r BEARING LENGTHl Ll 1 S83° 50' 03' W 35.36" L2 1 N380 50' 03' E 6.00 L3 1 S08° 08'10'E 19.11 L4 1 S24« 46' 00" W 15.35 L5 1 S83«5d'03"W 18.63 L6 1 NSS'^SiD'OrE " "16.72 L7 i S38' 50' 03' W 12.79 L3 1 N5> 58'35"''W "' 67.14 L9 1 N51«45"'14'^ 10.84 LIOl N45»"31' '5'2" 18".49 L11 1 N21«'4r 00'W 8.05 L12 j SSI*'09'57" E 102.92 L13I N5P09'5flV 25.08 ^ 11169 SHEEI_1 kVOC^V^^ INDICATES SLOPE EASEMENT OF 1 STUART ENGINEERING 7525 METROPOLITAN DRIVE STE JOB SAN DIEGO. CA 92108 (619) 296-1010 FAX (619) 296-9276 EMAIL: stuart@inetworld.net DEDICATION PLAT - CITY OF CARLSBAD APPLICANT: -"• LA COSTA V1LLA(£, LLC :/0 SIMAC CONSTRUCTION i5938 BERNARDO CENTER DRIVE r-j^f DIEGO. CA 92127 $74-9880 PREPARED STUART PEACE, RCE 27232 EXPIRES: 3/31/05 PROJECT: SDP 99-07 SLOPE EASEMENT APN.: 223-060-28 PR 01-85 EXHIBIT "B" Description; San Diego,CA Document-rear.DocID 2001. 658898 Page: 5 of 6 Order: 1 Comment: 11170 CERTIFICATION FOR ACCEPTANCE OF GRANT DEED OF EASEMENT This IS to certify that the interest iri.re^alprQperty conveyed by the grant deed of i ^ easement dated September 5, 2001 from Tosco •Corporation, a Nevada Corporation, to the City of Carlsbad, a Municipal Corporation is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Ordinance No NS-4Z2, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer DATED: September 13. 2001 x ,< Ja.i^i^ 6reitenfeIdDeputy:^^ity Clerk Description; San Diego,CA Document-Year.DocID 2001.658898 Page: 6 of 6 Order: 1 Comment: DOC # 2001-0658899 RECORDING REQUESTED BYT , SEP WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 11171 1200 Cartsbad Village Drive Carisbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT !001 OX PM OFFICIftL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ]RY J. SHITH, COUNTY RECORDER FEES: 0.00 OC: 2001-0658899 SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s}: Documentary transfer tax is $0.00/^^:'^^ ( ) connputed on full value of propeKy conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. { ) Unincorporated area: (x) City of Carlsbad, and Assessor's Parcel No.: 223-060-23 Project No. & Name: SDP 99-07 Rancho La Cosla Village PR 01-86 - Tosco 278 7241 GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Tosco Corporation, a Nevada Corporation hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of California; an easement for SLOPE CONSTRUCTION PURPOSES over, under, upon and across said real property together with the right to construct, grade, remove and deposit soil and construction materials, conduct operations related to the construction of adjacent facilities and features, clear, landscape, inspect, and maintain with the bounds of said easement as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. Exhibit "B" consisting of one (1) page is attached for clarity only. This easement shall extinguish upon recordation of the Notice of Completion for the Public Street Improvements as shown on City ol Carlsbad Drawing No. 393-3 for Project No. SDP 99-07. DMBoSri^->7( l>p^ ^ 2^S/ STATE OF OALirOnf'ltA/^W^r^ ) COUNTY OF SAN-eteOe fYYvVvaJp^^ before me, (here insert name and title of the officer), personally appeared Oa.Si\c\ \Pa.Td5chmidA, . personally known to me (or proved to me.on the basis of satisfactory evidence) to be the person{s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/herAheir authorized capacity (ies), and that by hIs/her/theIr signature(s) on the instrument the person{s), or the entity upon behalf of which the person($) acted, executed the instmment. Tosco Corporation, A Nevada Corporation ^ (Name of Company) - - (Signature) fType or Print) (Type or Print) Name: Title: By: Name: (Signature) (Type or Print) WITNESS my hand and official seal. Signature: Wo^^cJ^Maao^:^Forms\GIa^l Deed ol Eas^mem • Cfty OFFICWuSeAL MEUSSA D.TEDMeNa- NOTARY PUBUC-STATt OF ARIZONA MARICOPA COUNTC My Comm. Expires May 8.2003 Fype or Print) Description; San Diego,CA Document-rear.DocID 2001.658899 Page: Order: 1 Comment: 1 of 4 EXHIBIT "A" PR 01-86 PARCEL "D" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A.P.N. 223-060-28 11172 THAT PORTION OF PARCEL 1, PARCEL MAP NO. 12586, IN THE CITY' OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 1, SAID POINT BEING ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF RANCHO SANTA FE ROAD AS SHOWN ON SAID PARCEL MAP NO. 12586; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 1, SOUTH 51°09'57" EAST, 57.85 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY LINE, NORTH 08°08'10" WEST, 19.11 FEET; THENCE NORTH 34°53'32" EAST, 128.55 FEET; THENCE NORTH 24°46'00" EAST, 15.35 FEET; THENCE NORTH 83°50'03" EAST, 16.72 FEET; THENCE SOUTH 51°09'57" EAST, 25.08 FEET; THENCE SOUTH 38°50'03" WEST, 12.79 FEET; THENCE SOUTH 57°58'35" EAST, 67.14 FEET; THENCE SOUTH 51°45'14" EAST, 10.84 FEET; THENCE SOUTH 45°31'52" EAST, 18.49 FEET; THENCE SOUTH 21°47'00" EAST, 8.05 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID PARCEL 1, DISTANT THEREON SOUTH 38°50'03" WEST, 16.49 FEET FROM THE MOST EASTERLY CORNER OF SAID PARCEL 1; THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 38*50'03" WEST, 16.58 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE, NORTH 55°13'39" WEST, 111.44 FEET; THENCE SOUTH 31°37'19" WEST, 134.10 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 51°09'57 WEST, 18.96 FEET TO THE TRUE POINT OF BEGINNING. (CONTAINS 0.1649 ACRES MORE OR LESS) 6^ STUART PEACE, RCE 27232 EXP 3-31-05 STUART ENGINEERING 752 5 METROPOLITAN DR, SUITE 308 SAN DIEGO, CA 92108 (619) 296-1010 FAX(619) 296-9276 PAGE 1 OF 1 121-00-01 08/23/2001 Fi\ADMIM\121\lll48«.cl0C Description; San Diego,CA Document-rear.DocID 2001.658899 Page: 2 of 4 Order: 1 Comment; UNE TABLE DEDICATION PLAT - CITY OF CARLSBAD APPLICANT: LA COSTA 'MILAGE, LLC :/0 SIMAC CONSTRUCTION i593o BERNARDO CENTER DRIVE DiEGO, CA 92127 674-9680 PREWED STUART PEACE, RCE 27232 EXPIRES: 3/31/05 PROJECT: SDP 99-07 TEMPORARY CONSTRUCTION EASEMENT APN.: 223-060-28 PR 01-86 EXHIBIT "B" Description; San Diego,CA Document-rear.DocID 2001.658899 Page: 3 of 4 Order: 1 Comment: 11174 CERTIFICATION FOR ACCEPTANCE OF GRANT DEED OF EASEMENT This is to certify that the interest, in Teal property conveyed by the grant deed of ,.<-.;;.'!?::;.:•'.•'••.*•;./;:•.>',;:,;"^.K^'; • •^•^V'':^:•^v'•^^„ easement dated September'5, 2001 from Tbscq;;Corp6ratidn^, ,a Nevada Corporation, to the City of Carlsbad, a MunicipaJ Corppration is j^^^ City Council of the City of Carlsbad, ^California, pursuant to Ordinance No.;NS^22,..adopted on September 16, 1997, andsthe grantee consents to the recordation.thereof. by its duly authorized officer. DATED: September 13, 2001, " JadiCe':Bre)tenfeldi^D:e'putyieity Clerk Description; San Diego,CA Document-rear.DocID 2001.658899 Page: 4 of 4 Order: 1 Comment: NOTICE [This notice is required by California Government Code Section 12955] If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in Subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. f2 RECORDING REQUESTED 8Y FIRST AMERICAN TITLE C&lDEPARTMENT RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Cynthia Bell & Associates, Inc. 19 Castellina Drive Newport Beach, CA 92657 Attn: Cynthia Bell 6069 DOC # 2001-0676898 )EP 20:. 2001 12:21 PM OFFICIAL RECORDS SAN DIE6Q COUNTY RECORDER'S OFFICE GREGORY J. SHITH, COUNTY RECORDER FES: UAY: 57.00 2001-0576698 RESTRICTIVE COVENANTS. RECIPROCAL EASEMENTS AND MAINTENANCE AGREEMENT This Restrictive Covenants, Reciprocal Easements and Maintenance Agreement ("Agreement") is made as of the l" day of August, 2001, by and between RANCHO LA COSTA VILLAGE, LLC, a Califomia limited liability company ("RLCV"), and TOSCO CORPORATION, a Nevada Corporation ("TC"). EECITALS: A. RLCV is the fee owner of that certain real property more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "RLCV Parcel"). TC is the fee owner of that certain real property adjacent to the RLCV Parcel, described in Exhibit "B" attached hereto and incorporated herein by this reference (the "TC Parcel"). The TC Parcel and the RLCV Parcel are sometimes hereinafter collectively referred to as the "Property," or separately as a respective party's "parcel." B. RLCV and TC will hereafter hold and convey title to all and every portion of the Property subject to the covenants, conditions and restrictions herein set forth in accordance with Califomia Civil Code Section 1468, it being the intention of RLCV and TC that the provisions of this Agreement shall run with the land and bind and benefit the Property, RLCV and TC as the current fee owners of the Property, each and every successor owner thereof, and every portion thereof, and each person having an interest in the Property, and every portion thereof, derived through any such ov»Tier. AGREEMENT: NOW, THEREFORE, RLCV and TC hereby covenant and declare that the Property is now held and shall hereafter be held, transferred, sold, leased, conveyed and occupied subject to the covenants, conditions and restrictions hereinafier set forth. • :' 1. Temporarv Construction Easement. TC hereby grants to RLCV a right, easement and license to enter upon the TC Parcel for the purpose of grading a portion of the TC Parcel for the purpose of eliminating the necessity for the retaining walls along and adjacent to the RLCV Parcel (the "Retaining Wali Work"), and as further set forth in that certain Planning Commission Resolution No. 4809 approving Site Development Plan 99-07 in connection with the RLCV Parcel (the "SDP"). The contractor used by PXCV for the Retaining Wall Work shall maintain commercially reasonable general liability insurance in connection with the Retaining Wall Work, which insurance shall name TC as an additional insured, and which shall be maintained until the Description; San Diego,CA Document-Jfear.DocID 2001. 676898 Page: 1 of 12 Order: 1 Comment; 6070 Retaining Wall Work is complete. Prior to commencement of the Retaining Wall Work TC shall be provided reasonable evidence that the foregoing insurance is in effect. The Retaining Wall Work shall be completed in compliance with all applicable Building Code requirements and upon completion of the Retaining Wall Work RLCV shall leave the TC Parcel in a generally clean condition with no added debris or stockpiling remaining on the TC Parcel. TC agrees that it will not hinder or interfere with the Retaining Wall Work, and will reasonably cooperate with RLCV, at no out-of-pocket cost to TC, with RLCV in connection with the Retaining Wall Work. The foregoing right, easement and license shall expire upon the date that RLCV completes the Retaining Wall Work. 2. Pre-Development Maintenance of TC Parcel. Prior to the TC Development Date (as that term is defined herein), RLCV shall, at its sole cost, apply and maintain hydroseed, or such other similar landscaping as reasonably determined by RLCV, upon the TC Parcel (the "Temporary Hydroseed"). For purposes of this Section 2 only, the term "TC Development Date" shall be deemed to be the earlier of (i) the date that TC, or any employee, agent or contractor of TC enters the TC Parcel and physically commences any work of improvement thereon (i.e., moves or removes any soil on or firom the TC Parcel, other than soil that must be taken as borings in preparation to move soil), and (ii) the date that RLCV is no longer required by the City to perform the Temporary Hydroseed. Commencing on the TC Development Date, RLCV shall thereafter have no obligation to perfonn, or pay for, the Temporary Hydroseed, and all such obligations shall thereafter be the sole responsibility of TC as provided below, and as otherwise required under this Agreement and by applicable law. TC hereby grants to RLCV a right, easement and license to enter upon the TC Parcel for the purpose of undertaking the Temporary Hydroseed as described herein, which right, easement and license shall expire upon the TC Development Date. 3. Maintenance of Improvements. Each party hereto will maintain and repair, or cause to be maintained and repaired, their respective parcels, and keep the same in good condition and repair, clean, free of rubbish and other hazards, and landscaped (in accordance with the requirements of any goveming authority). 4. Insurance: Indemnification. Each party shall, at its own cost and expense, pay for and keep or cause to be kept in full force and effect a policy of commercial general liability insurance with a combined single limit of not less than two million dollars ($2,000,000.00) insuring against any and all liabihty of the insuring party with respect to the insuring party's parcel or arising out of the use of a party of any easements which may be granted to such party over the parcel of the other party. Either party shall, within twenty (20) days of written request therefor by the other party, deliver to such other party a certificate evidencing that such insurance is then in effect as provided herein. The parties agree to maintain such increased amounts of the foregoing liability insurance as would be deemed to be commercially reasonable for prudent owners of similar properties, with similar business operations, located in the City of Carlsbad. Notwithstanding the foregoing, TC and any corporation that hereafter merges with, acquires or purchases substantially all of TC's assets, and those entities alone and no other entities, may self- insure or assume the risk of loss and liability on many risks, either through deductibles on commercial policies or straight self-insurance (collectively, "self-insurance"). So long as TC's self-insurance is maintained in a manner that is customary for similar locations in TC's risk management program and at the level herein provided, TC may comply with this provision through self-insurance. TC will disclose the terms and conditions of its self-insurance to RLCV, if so requested. At least one (1) time every ten (10) years, the parties shall confer with one another regarding the amount of liability insurance carried by the respective parties, and make such increases to their respective insurance coverage amounts as are commercially reasonable. Each Description; San Diego,CA Document-rear.DocID 2001. 676898 Page: 2 of 12 Order: 1 Commen t; 6071 party shall cause the other party to be named as an additional insured on its respective liability insurance policy maintained under this Section 4. Each party hereby agrees to indemnify, defend, protect and hold the other party harmless from and against any and all claims, demands, damages, judgments, losses, liabilities, costs and expenses, including, without limitation, reasonable attomey's fees, expert witness or similar fees and court costs imposed upon, asserted against, or incurred by the indemnified party arising from or related to the use or enjoyment by the indemnifying party of the parcel of the respective indemnified party, unless caused by the active or passive negligence or willful misconduct of the indemnified party. 5. Access Easements Maintenance Costs. The parties acknowledge that certain access easements over the RLCV Parcel have been granted for the benefit of TC pursuant to that certain Grant of Easement of even date herewith, entered into by RLCV and TC and recorded in the official records of the County of San Diego (the access easements legally described therein are referred to herein as the "Access Easements"). TC shall be responsible for reimbursing RLCV for one-half of all costs associated with maintaining and repairing the pavement only within the Access Easements (collectively, "Access Easements Maintenance Costs"), which Access Easements are equal to 28% of the total pavement areas reflected on the grading plans prepared by Stuart Engineering, dated March 9, 2001. TC shall submit payment to RLCV within ninety (90) days of receipt of an itemized invoice for Access Easements Maintenance Costs from RLCV. In the event payment required hereunder is not received by RLCV within ninety (90) days after delivery of RLCV's itemized invoice, TC shall pay to RLCV (i) a late charge equal to five percent (5%) of such sum and (ii) interest at a rate equal to fifteen percent (15%) per annum, but in no event greater than the maximum lawful rate. At the option of TC, TC may opt to pay the Access Easements Maintenance Costs to RLCV in monthly, or other periodic, estimated payments, in which instance, RLCV shall estimate the payment amount in the good faith and reasonable discretion of RLCV based upon the anticipated Access Easement Maintenance Costs for a forthcoming year, and RLCV shall reconcile said payments promptly after the end of each calendar year. Notwithstanding the foregoing, TC shall have no obligation to pay, nor shall the Access Easements Maintenance Costs hereinabove described be chargeable to or payable by TC, until the date that TC, or any employee, agent or contractor of TC enters the TC Parcel and physically commences any work of improvement thereon (i.e., moves or removes any soil on or from the TC Parcel, other than soil that must be taken as borings in preparation to move soil). 6. Hazardous Materials Indemnity. TC agrees that any business conducted on the TC Parcel shall be undertaken in compliance with all applicable govemmental laws, ordinances, regulations and requirements with respect to the storage and sale of motor vehicle fuels and other toxic or hazardous substances typically used in service station operations ("Hazardous materials"). TC shall indemnify and defend RLCV from and against any claims of government agencies or third parties arising out of any release of Hazardous Materials from the TC Parcel by TC, or any agent, employee or contractor of TC, so long as such release is of a quantity required to be reported, assessed and/or remediated under applicable environmental laws, ordinances or regulations or the order of an environmental agency. TC shall be responsible for the remediation of any soil or groundwater Hazardous Materials contamination released from the TC Parcel (including any such contamination which migrates to the RLCV Parcel) in accordance with environmental agency guidelines and timetables, all at TC's sole expense. TC shall provide RLCV with copies of correspondence and reports relating to any soil or groundwater Hazardous Materials contamination which has migrated from the TC Parcel to the RLCV Parcel, as required by law. Description; San Diego,CA Document-year.DocID 2001.676898 Page: 3 of 12 Order: 1 Comment: 6072 7. Miscellaneous Provisions. 7.1 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by certified mail, postage prepaid, return receipt requested, to the addresses set forth below, and shall be deemed received upon the earher of: (i) if personally delivered, the date of delivery to the address of the person to receive such notice; or (ii) if mailed, three (3) business days after the date of posting by the United States Post Office: To TC: Tosco Corporation 1500 North Priest Tempe, AZ 85281 P.O. Box 52085 Tempe, AZ 85072-2085 Attention: Real Estate To RLCV: Rancho La Costa Village, LLC c/o Cynthia Bell & Associates, Inc. 19 Castellina Drive Newport Beach, Califomia 92657 Attention: Cynthia Bell Notice of change of address shall be given by written notice in the manner specified in this Paragraph. 7.2 Partial Invalidity. If any portion of this Agreement shall be declared by any court of competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed from this Agreement and the balance hereof shall remain in full force and effect, as fully as though such invalid, illegal or unenforceable provision had never been part of this Agreement. 7.3 Attorneys' Fees: Costs. In the event of the bringing of any action or suit by either party hereto against the other party hereunder arising out of this Agreement, then, in that event, the prevailing party in such action or dispute, whether by final judgment or out of court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit (including reasonable attorneys' fees) and costs of any appeal. 7.4 Califomia Law. This Agreement shall be govemed by and construed in accordance with the laws ofthe State of Califomia. 7.5 Modification. This Agreement may not be modified in any riianner or rescinded except by an instrument in writing duly executed and acknowledged by both RLCV and TC and properly recorded in the Official Records of San Diego County. 7.6 Covenants Rurming with the Land. This Agreement shall bind and inure to the benefit of RLCV, TC and each successive owner of the TC Parcel and the RLCV Parcel, or any portion thereof; provided, however, each owner of a portion of the TC Parcel and the RLCV Parcel, including RLCV and TC, shall only be bound by the provisions of this Agreement accruing during such owner's period of ownership. Except Description; San Diego,CA Document-Year.DocID 2001.676898 Page; 4 of 12 Order: 1 Comment: 6073 as otherwise provided herein, the easem.ents and covenants granted in this Agreement shall continue in perpetuity. 7.7 No Implied Easements. No easements, except those expressly described in Sections 1, 2 and 5 shall be implied by this Agreement, in that regard, and without limiting the foregoing, no easements for parking, signage, drainage or utilities are granted or implied. RLCV agrees to reasonably cooperate with TC, at no cost to RLCV, in connection with TC's development of the TC Parcel, including, but not limited to, those obligations imposed on TC by the City ofCarlsbad in cormection with TC's development ofthe TC Parcel. 7.8 Mediation/Binding Arbitration. If a dispute arises from or relates to this Agreement or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to arbitration. Any unresolved controversy or claim arising from or relating to this Agreement or breach thereof shall be resolved by a binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in the Superior Court for the State of Califomia in and for the County of San Diego, or such other court as may have personal jurisdiction over the party against whom the award was rendered. If the parties agree, a mediator involved in the parties' mediation may be asked to also serve as the arbitrator. Each party shall bear their own costs in the mediation and/or arbitration and shall split equally the fees and costs of the mediator and/or arbitrator. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. "TC" "RLCV" TOSCO CORPORATION, a Nevada Corporation RANCHO LA COSTA VILLAGE, LLC, a Califomia limited liability company N^mP^^^^^^^^^^^^^ // By: PACIFIC LA COSTA VILLAGE, LLC, Title: A^a^^ ^ A^;:<fc.L,Kii 1 AK Y^^" a Califomia limited liability company. Its Memb5j:_aijd Manager By: Name: Title: ^ ASSISTANT SECRETARY Ri^>h^54^.mis, 5 7 0 7 2 '*' Its Manager Description; San Diego,CA Document-rear.DocID 2001. 676898 Page: 5 of 12 Order: 1 Comment: STATE OF 6074 COUNTY OF rV\ana}p^ ^ On ./Hcfu^i 2£> .) ) ss. 2001, before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instmment. WITNESS my hand and official seal. Notary Signature (seal) OfFKMLSEAL MEUSSA D.REOMONO NOTMY puBuc-mE OF Anzom MARICOPA COUNIY My Convn. E)ipire$ May 8,2003 Description; San Diego,CA Document-Year.DocID 2001.676898 Page: Order: 1 Comment: 6 of 12 6075 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS^FOLLOWS: Name of the Notary: Commission Number: Date Commission Expires: ^ ^ ^ ^ County Where Bond is Filed:_ Manufacturer or Vendor Number: (Located on both sides of the notary seal border) Signature;, FifhrfJame (if applicable) Place of Execution: "S^^^^ 0 ' Date: Roc. Form (PR10 (Rev. 7/96) Description; San Diego,CA Document-Year.DocID 2001.676898 Page: 7 of 12 Order: 1 Comment: STATE OF 6076 ) ss. COUNTY OF ''-/YUAtCyd . On , 2001, before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidenbe) to be the person(s) whose name(s) is/are subscribed to the within instmment and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf ofwhich the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Signature (seal) OFFICIAL SEAL TONI JONES mm PUBUC - STATE Of AREOH* MARICOPA COUNTY My Comm. Exjires Sept. 19,2003 STATE OF COUNTY 2001, before me. personally appeared personally known to me (et-pFeved-to-me-on-the-basis-of^atisfaGtoiy-^dence) to be the person(^whose name(^ ,^afe subscribed to the within instmment and acknowledged to me that <J@she/th€y executed the same in t^gShef/their authorized capacity(jIb4X and that by ^/her/their signature^ on the instrument the person(^ or the entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official stol. Notary Signature (seal) ROBIN KaiEY ' commission #1249^ 5cm Dlego Co^ Description; San Diego,CA Document-Year.DocID 2001.676898 Page: 8 of 12 Order: 1 Commen t; 6077 EXHIBIT "A" RLCV PARCEL PARCEL 2 OF PARCEL MAP NO. 125S6, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED ON FEBRUARY 25, 1983 AS FILE NO. 83-060578 OF OFFICIAL RECORDS IN THE OFHCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. EXCEPTING THEREFROM, ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, PETROLEUM, PETHOLEUM RIGHTS. OTHER HYDROCARBON SUBSTANCES, GEOTHERMAL STEAM, ALL UNDERGROUND WATER AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, IN OR UNDER OR WHICH MAY BE PRODUCED FROM THE PROPERTY WHICH UNDERLIES A PLANE, PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY. OIL. WATER OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DILL, MINE. STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY. AS RESERVED BY DAON CORPORATION IN DEED RECORDED MARCH 4, 1983 AS FILE NO. 83-070357 OF OFFICLU, RECORDS. EXHIBIT "A" Description; San Diego,CA Document-Year.DocID 2001.676898 Page: 9 of 12 Order: 1 Comment: EXHIBIT "B" TC PARCEL 6078 Parcel A; Parcei (s) 1 of Parcel Map No. 1258S, in che City of Ceurlsbad, Coimty of San Diego, State Of CsLlifornia, filed in the Office of the County Recorder of Saoi Diego Coianty, February 25, 1933 as File/Page No. 83-060578 of dfficial Records. Excepting therefrom all minerals, mineral rights, oil, oil rights, ^.v^t}3xa.).^^g^,_jis,tA^:r£^ gas; petroletun, petroleum^righta, other hydrocarboa suhstances, geothermai steam, all "unidergxound water,'Call"alj'products derived fro» any of the foregoing, in or under or which may be produceH~frora the property which underlies' a plane parallel to and 500 feet below the present surface of the property together with the perpetual right of drilling, tnining, eaqaloring and operating therefor and storing in and removing the same from tho property or any other land, including the right whipstocJc or directionally drill and mine from lando otiier than th« property, oil. water, gaa wells, tunnels, and shafts into, thrt>ugh or across the subsurface of the property, and to bottom such whipstocJted or directionally drilled w«lls, tunnels and shafts under and beneath or beyond the ejcterior limits thereof, and"to redrill, retunnel, equip, maintain, repair, deepen and operate any wells or mines, without, however, the right to drill, mine, store, explore and operate through the surface or the upper five hundred (5001 feet of the subsurface of the property as reserved by Daon Corporation in Deed recorded March 4, 1383 ag File/Page No. 83-070357 of Official Records. Parcei B: An easement and right of way for road and public utility purposes over, under, along, and across Chat portion of said Poxcel Map No. 12536, lying witbin the area delineated and designated thereon as "Proposed Access Easement to Piurcel 1". END OF SCSEDtrCS A Description; San Diego,CA Document-rear.DocJD 2001.676398 Page: 10 of l: Order: I Commen t; 6079 CERTIFICATION PURSUANT TO GOVERNMENT CODE SECTION 27361.7 Place of Execution I certify under penalty of perjury that this materiai is a true copy of the original material contained in this document. Date 4/94 Raoordar Form #R9 Type or Print Name Description; San Diego,CA Document-year.DocID 2001.676898 Page: 11 of 12 Order: 1 Comment: 6080 EXHIBIT B TC PARCEL (LEGAL DESCRIPTIO/N/) PARCEL A: PARCEL I OF PARCEL MAP NO. 12586, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED ON FEBRUARY 25, 1983 AS FILE NO. 83-060578 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. EXCEPTING THEREFROM, ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, PETROLEUM, PETROLEUM RIGHTS, OTHER HYDROCARBON SUBSTANCES, GEOTHERMAL STEAM, ALL UNDERGROUND WATER AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, JN OR UNDER OR WHICH MAY BE PRODUCED FROM THE PROPERTY WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY, OIL, WATER OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN. REPAIR, DEEPEN AND OPERATE ANY WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY, AS RESERVED BY DAON CORPORATION IN DEED RECORDED MARCH 4, 1983 AS FILE NO. 83-070357 OF OFFICIAL RECORDS. PARCEL B: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES OVER, UNDER, ALONC, AND ACROSS THAT PORTION OF SAID PARCEL MAP NO. 12586, LYING WITHIN THE AREA DELINEATED AND DESIGNATED THEREON AS "PROPOSED ACCESS EASEMENT TO PARCEL 1". Description; San Diego,CA Document-rear.DocID 2001.676898 Page: 12 of 12 Order: 1 Comment: 26317 RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND MAIL TAX STATEMENTS TO: HARKI PAREKH 9484 Black Mountain Road, Suite F San Diego, CA 92126 DOC # 2004-0159053 FEB 27, 2004 2=53 PM OFFICIftL RECORDS m DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SHITH, COUKTY RECORDER FES: 1028.50 OC: OC 2004-0159053 CORPOFIATION GRANT DEED (Special Warranty) THE UNDERSIGNED GRANTOR DECLARES DOCUMENTARY TRANSFER TAX IS %/^6s>?S^ {/ computed on full value of property conveyed, or computed on full value less value of liens or encumbrances remaining at time of sale unincorporated area: City of San Francisco, and FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CONOCOPHILLIPS COMPANY, a Delaware corporation, successor by merger to Tosco Corporation, a Nevada corporation ("Grantor"), hereby GRANTS to Santa Fe La Costa, LLC, a California limited liability company ("Grantee"), that certain real property in the County of San Diego, State of California described on Exhibit "A" attached hereto and by this reference made a part hereof, together with all rights, privileges, easements, hereditaments and appurtenances pertaining to such real property, including any and all improvements and fixtures currently attached to and located thereon, but excluding all gasoline storage tanks and gasoline dispensing equipment, (collectively, the "Property"). SUBJECT. HOWEVER, to the use restrictions described on Exhibit "B" attached hereto and by this reference made a part hereof. 0103 Description; San Diego,CA Document-rear.DocID 2004.159053 Page: 1 of 6 Order: 1 Comment: 36318 TO HAVE AND TO HOLD the Property, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the Grantee, its successors and assigns forever; and the Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend, all and singular, the Property unto the Grantee, its successors and assigns, against all acts of the Grantor and none other, and except as to those items to which this Corporation Grant Deed is above made subject. EXECUTED this ^ day of February, 2004. CONOCOPHI By:. COMPANY Nafw^: Phitfip L. Bonina It^ Attorney-in-Fact Description; San Diego,CA Document-rear.DocID 2004.159053 Page; 2 of Order; I Comment; 26319 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) ss. County of Orange ) On before me Kathy Phillip L. Bonina M. Steininger, personally appeared Qp'e personally known to me IUTWM. STEININGER 5 HOTARf PUBUC-C*LIF0RH1A0 ORMWE COUMTY 0 ^7 COMM. EXP. AUG. I* NAME (S) OF SIGNER (S) O-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 in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of t^otary My Commission Expires OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER •rNDIVIDUAL •CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE(S) •PARTNER(S) •LIMITED or GENERAL •ATTORNEY-IN-FACT •TRUSTEE(S) •GUARDIAN/CONSERVATOR •OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE Description; San Diego,CA Document-rear.DocID 2004.159053 Page; 3 Order: I Comment; of 6 File No: 03202050 26320 EXHIBIT Legal description ("The Property") Site No. 2787241 All that certain real property situated in the County of San Diego, State of California, described as follows; PARCEL A: Parcel(s) 1 of Parcel Map No. 12586, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, February 25, 1983 as File No. 83-060578 of Official Records. EXCEPTING THEREFROM all minerals, mineral rights, oil, oil rights, natural gas, natural gas rights, petroleum, petroleum rights, other hydrocarbon substances, geothermai steam, all underground water, and all products derived from any of the foregoing in or under or which may be produced from the property which underlies a plane parallel to and 500 feet below the present surface of the property together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the same from the property or any other land. Including the right to whipstock or directionally drill and mine from lands other than the property, oil, water, or gas, wells, tunnels and shafts into, through or across the subsurface of the property, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any wells or mines without however the right to drill, mine, store, explore and operate through the surface or the upper 500 feet of the subsurface of the property as reserved by Daon Corporation, In deed recorded March 4, 1983 as File No. 83-070357 of Official Records. PARCEL 8: An easement and right of way for road and public utility purposes over, under, along and across that portion of said Parcel Map No. 12586, lying with the area delineated and designated thereon as "Proposed Access Easement to Parcel 1." PARCEL C: A non-exclusive easement for vehicular, ingress, egress and access as conveyed in "Grant of Easements" recorded September 20, 2001 as File No. 2001-0676897 of Official Records and more fully described as follows: Cl: , All that portion of Parcel 2 of Parcel Map No. 12586, In the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, February 25, 1983, as File No. 83-060578 of Official Records, being more particularly described as follows: Commencing at the most Northwesterly corner of said Parcel 2; thence along the Northeasterly line of said Parcel 2 South 5l"'09'57" East a distance of 50.00 feet to the True Point of Beginning; thence continuing along said Northeasterly line South 51''09'57" Page 3 Description; San Diego,CA Document-Year.DocID 2004.159053 Page: 4 of 6 Order: 1 Comment: 26321 File No: 03202050 ^^f^ .M. East a distance of 25.02 feet; thence leaving said Northeasterly line South 36M9'24" West a distance of 171.74 feet; thence South 32''32'28" West a distance of 31.65; thence South 26''19'05" West a distance of 37.63 feet; thence South 36°46'24" West a distance of 34.64 feet; thence North 53''10'36" West a distance of 58.99 feet to a point on the Easterly right-of-way line of Rancho Santa Fe Road as conveyed to the City of Carlsbad by Deed recorded July 27, 2001 as File No. 2001-0527919 of Official Records, said point being a 1,423.00 foot radius curye, concave Southeasterly, a radial line to said point bears North 54°45'43" West; thence Northerly along said curve through a central angle of 01°25'40" a distance of 35.46 feet; thence leaving said Easterly right-of-way line South 53''43'24" East a distance of 15.40 feet to the beginning of a 10.00 foot radius curve, concave Northerly; thence Easterly along said curve through a central angle of 89''27'12" a distance of 15.61 feet; thence North 36'>49'24" East a distance of 230.22 feet to the True Point of Beginning; containing a 8,370 square feet, more or less. C2: All that portion of Parcel 2 of Parcel Map No. 12586, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, February 25, 1983 as File No. 83-060578 of Official Records, being more particularly described as follows: Commencing at the most Easterly corner of said Parcel 2; thence along the Southeasterly line of said Parcel 2 South 38''50'03" West a distance of 20.00 feet to a point on the Southeriy right-of-way line of La Costa Avenue as conveyed to the City of Carisbad by Deed recorded July 27, 2001 as File No. 2001-0527919 of Official Records; thence Westerly along said right-of-way line Nori:h 51°09'57" West a distance of 29.48 feet to the True Point of Beginning; thence South 45''17'27" West a distance of 34.81 feet to the beginning of a 105.00 foot radius curve, concave Northwesteriy; thence Southwesteriy along said curve through a central angle of 11°33'28" a distance of 21.18 feet; thence North 53"'10'36" West a distance of 332.32 feet to a point on the Northwesteriy line of said Parcel 2; thence North 38°50'03" East along said Northwesteriy line a distance of 43.03 feet; thence South 28"'15'20" East a distance of 42.72 feet; thence South 53''10'36" East a distance of 84.00 feet; thence North 36"'49'24" East a distance of 37.60 feet to a point on said La Costa Avenue right-of-way line; thence South 51''09'57" East along said right-of-way line a distance of 24.01 feet; thence leaving said right-of-way line South 36''49'24" West a distance of 36.75 feet; thence South 53''10'36" East a distance of 143.61 feet; thence North 76°59'58" East a distance of 10.44 feet to the beginning of a 10.00 foot radius curve concave Northwesteriy; thence Northeasteriy along said curve through a central angle of 40"'10'34" a distance of 7.01 feet; thence North 36°49'24" East a distance of 16.95 feet to a point on said Southeriy right-of-way line; thence South 5l''09'57" East along said right-of-way line a distance of 41.72 feet to the True Point of Beginning; containing 10,894 square feet, more or less. Assessor's Parcel Number: 223-060-28 Page 4 Description; San Diego,CA Document-rear.DocID 2004.159053 Page: 5 of 6 Order: 1 Comment: - - — 26322 EXHIBIT B Site 2787241 (Use Restrictions) Grantee acknowledges that for a period of thirty (30) years after the recording of this instrument, neither Grantee, its successors, assigns, legal representatives, lessees, or sublessees shall use the Real Property for or allow the Real Property to be used for: • The storage or sale of motor vehicle fuels In the event these restrictions are violated, Grantor, its successors or assigns shall have the right to pursue any remedy available in law or equity against Grantee or its successors or assigns, specifically including, the right to enjoin the offending use of the Real Property. These restrictions shall run with the land. 0103 Description; San Diego,CA Document-rear.DocID 2004.159053 Page; 6 of 6 Order: 1 Comment: