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HomeMy WebLinkAboutSDP 86-02A; AVIARA; Site Development Plan (SDP)• CITY OF CARLSBAD 'LAND USE REVIEW APPLICATION FORM I ... , :r-"If) PA 1, PA2, PA ~ PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For. De~t. Use On y) (For De~t. Use On y) 0 Master Plan ............... 0 General Plan Amendment ...... 0 Specific Plan ............. [i] Site Development Plan ....... ~b-4k 0 0 Amendment ~ Precise Development Plan ... Zo-ne Ch ange ................. 0 Tentative Tract Map ........ 0 Conditional Use Permit ...... 0 Planned Development Permit 0 Hillside Development Permit. 0 Non-Residential Planned 0 Environmental Impact Development Permit ........ Assessment. ............... 0 Condominium Permit ......... D Variance .................... 0 Special Use Permit ......... D Planned Industrial Permit ... 0 Redevelopment Permit ....... D Coastal Development Permit .. 0 Tentative Parcel Map ....... D Planning Commission Deter ... 0 Administrative Variance .... 2) LOCATION OF PROJECT: ON THE I North 1 SIDE OF I Batiquitos Lagoon I (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN I El Camino Real 1 AND / Interstate 5 I (NAME OF STREET) (NAME OF STREET) JTnat: port:lon or ..lot: L., a..l..l or ..lot:s ::>,0/,00 ana t 3) BRIEF LEGAL DESCRIPTION: eity of Carlsbad Tract ·85-35 Phase I in the Cit, 9, l of Carlsbad according to map no. 12409 filed in the office of the County Recorder June 29. 1989. 4) ASSESSOR PARCEL NO(S)·I 215-040-16, 216-111-01, 216-111-03 ~ I 5) LOCAL FACILITIES~ MANAGEMENT ZONE 6) EXISTING GENERALI!~M'NRMosI7~ PROPOSED GENERAL/same PLAN DESIGNATION • r LAN DESIGNATION I 8) EXISTING ZONINGI PC 19) PROPOSED ZONING/ Same 110) GROSS SITE/198 2 ACREAGE . 1 11) PROPOSED NUMBER OF/ N/A 112) PROPOSED NUMBER/ N/A 113) TYPE OF 1 N/A I RESIDENTIAL UNITS OF LOTS. SUBDIVISION 14) NUMBER OF EXISTING RESIDENTIAL UNITSI I (RESIDENTIAL NONE COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL IN/A' OFFICE/SQUARE FOOTAGE I 166 PROPOSED COMMERCIAL SQ ARE FOOTAGE I 380,000 I (j) .aO~MIVVHLnY A/9g ~--------.----------~.~---------CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM 17) PERCENTAGE OF PROPOSED PROJECT. IN OPEN SPACE ~1_9_0_% __ -----I1 19) PAGE 2 OF 2 PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC I None 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS I 560 I 20) PROJECT NAME: I Aviara ~------------------------------------------------~ 21)BRIEF DESCRIPTION OF PROJECT: ISite Development Plan Amendment to revise use description and square footage allocations of Aviara golf clubhous4~, Hotel, and Sports Complex. 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE) tr~f~:dL~~~t~~;~~i NAME (PRINT OR TYPE) SAME MAILING ADDRESS 2011 Palomar Airport RAILING ADDRESS SAME Suite 206 CITY AND STATE ZIP TELEPHONE CITY AND STATE Carlsbad, CA 92009 619/931-1190 ZIP TELEPHONE I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE-ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST OF MY NOWLEDGE. INFORMATION IS UE AND CORRECT TO ..r.L"".v-\TURE DATE r. BEST OF MY K OWLEDGE. SIGNA DATE 1/15/90 { IS 9tJ ************************************************************************************** FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED TOTAL FE~ REQUIREDL-I_...:.-.. ___ ----I DATE STAMP APPLICATION RECEIVED RECEIVED BY: DATE FEE PAIDL-I ____ ---' RECEIPT NO. L-I ___ ----l IIOt"MN)(\Q flU A I ~ r--~ TICOR Tlfle tNsuRANce~------ " . • I TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 925 "B" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081 AVIARA LAND ASSOCIATES ATTN: SCOTT MEDANSKY PRELIMINARY REPORT 2011 PALOMAR AIRPORT RD SUITE 206 CARLSBAD, CALIFORNIA 92009 YOUR REFERENCE: AVIARA -MASTER OUR ORDER NO.: 1177466 AUGUST 21, 1989 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO 'BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW 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 ON THE ATTACHED COVER. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AT 7:30 A.M. AS OF AUGUST 17, 1989 TITLE OFFICER: TOM VOTEL KEN CYR TEL 619 544-6234 TEL 619 544-6236 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ( ) ALTA RESIDENTIAL TITLE INSURANCE POLICY -(6-1-87) ( ) ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE (/1 CLTA STANDARD COVERAGE POLICY -1988 ( ) ALTA OWNER'S POLICY (10-21-87) 1177466 PAGE 1 ~ (9J TICOR TI~E t'NS>URANCE--::::!!!!e~---_- • ~ THE ESTATE OR INTEREST IN THE LAND HEREINAFTER TO COVERED BY THIS REPORT DESCRIBED OR REFERRED IS: A FEE THE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, AS TO PARCELS A, B, 0, F, I AND J; DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP, AS TO PARCELS C AND K; LYON COMMUNITIES INC., A CALIFORNIA CORPORATION, AS TO PARCEL E; RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, AS TO PARCELS G, H; CITY OF CARLSBAD, A MUNICIPAL CORPORATION AS TO PARCEL L; AND CARLSBAD UNIFIED SCHOOL DISTRICT, A LOCAL PUBLIC AGENCY AS TO PARCEL M AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR : 1989-90 INCLUDING PERSONAL PROPERTY TAX, IF ANY, A LIEN NOT YET PAYABLE. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE TAXATION CODE OF THE STATE OF CALIFORNIA. 2. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY FOR TRANSMISSION AND DISTRIBUTION OF ELECTRICITY RECORDED APRIL 16, 1954 IN BOOK 5207, PAGE 161 OF OFFICIAL RECORDS AFFECTS PARCEL A AS SET FORTH THEREIN 3. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY RECORDED OCTOBER 16, 1956 IN BOOK 6301, PAGE 162 OF OFFICIAL 1177466 PAGE 2 [-~ TICOR Tilfe INSURANce , RECORDS AFFECTS PARCEL A AS SET FORTH THEREIN; PARCEL D AS FOLLOWS: LOTS 90 AND 91 AS SHOWN ON MAP 12410: PARCEL E AS FOLLOWS: LOT 92 AS SHOWN ON MAP 12411; PARCEL F AS FOLLOWS: LOTS 95, 98, 99 AND 100 AS SHOWN ON MAP 12411 . BY QUITCLAIM DEED RECORDED DECEMBER 26, 1973 AS FILE NO. 73-355049 OF OFFICIAL RECORDS THE FOLLOWING PORTION OF SAID EASEMENT WAS ELIMINATED: THAT CERTAIN 20.00 FOOT STRIP OF LAND LYING WITHIN THE SOUTH HALF OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND BEING 10.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT A POINT ON THE SOUTHERLY LINE OF SAID SECTION 26, DISTANT THEREON 1977.99 FEET EASTERLY FROM THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE NORTH 24°59'39" WEST, A DISTANCE OF 756.26 FEET; THENCE NORTH 53°06'06" EAST, 25.00 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE OF THE STRIP OF LAND BEING QUITCLAIMED HEREIN; THENCE FROM SAID TRUE POINT OF BEGINNING AND CONTINUING NORTH 53°06'06" EAST, 135.00 FEET. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED JANUARY 10, 1989 BY AND BETWEEN SAN DIEGO GAS & ELECTRIC COMPANY AND PACIFIC RIM LAND ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP REGARDING RIGHT OF WAY USE AGREEMENT RECORDED JANUARY 10, 1989, RECORDER1S FILE NO. 89-012389 NOTE: SAID AGREEMENT REFERS TO THE EASEMENT ABOVE DESCRIBED. 4. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR ELECTRICAL TRANSMISSION AND DISTRIBUTION FACILITIES, TELEPHONE, SIGNAL AND COMMUNICATION PURPOSES, INGRESS AND EGRESS RECORDED APRIL 26, 1957, DOCUMENT NO. 61923 IN BOOK 6553 PAGE 334 OF OFFICIAL RECORDS AFFECTS PARCEL A AS SET FORTH THEREIN; PARCEL D AS FOLLOWS; LOTS 90 AND 91 AS SHOWN ON MAP 12410 SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES GRANTOR AGREES THAT NO OTHER EASEMENT OR EASEMENTS SHALL BE GRANTED ON, UNDER OR OVER SAID STRIP OF LAND BY GRANTOR, WITHOUT THE PREVIOUS WRITTEN CONSENT OF GRANTEE. 5. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR A LINE OR LINES OF POLES AND/OR STEEL TOWERS AND WIRES AND/OR CABLES, UNDERGROUND CONDUITS, CABLES, VAULTS AND MANHOLES, TELEPHONE SIGNAL AND COMMUNICATION 1177466 PAGE 3 r-lfiJ TICOR TI~E jNSURANCE---------~-- ~ PURPOSES AND PIPE LINES RECORDED FEBRUARY 7, 1958 IN BOOK 6941, PAGE 234 OF OFFICIAL RECORDS AFFECTS PARCEL A AS SET FORTH THEREIN; PARCEL D AS FOLLOWS: LOTS 90 AND 91 AS SHOWN ON MAP 12410 6. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT FOR PIPE LINE RECORDED JULY 21, 1958, DOCUMENT NO. 116505 AFFECTS PARCEL A AND L AS SET FORTH THEREIN 7. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT FOR PIPE LINE RECORDED DECEMBER 4, 1959, DOCUMENT NO. 250359 AFFECTS PARCEL A AS SET FORTH THEREIN • 8. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER FOR RECORDED AFFECTS DISTRICT PIPELINE FEBRUARY 27, 1962, RECORDER'S FILE NO. 33068 PARCEL B AS FOLLOWS: LOTS 46, 47 & 48 AS SHOWN ON MAP 12409; PARCEL E AS SHOWN ON MAP 12411; PARCEL F AS FOLLOWS: LOT 97 AS SHOWN ON MAP 12411 9. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT C~EATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT FOR PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES AND CONDUITS AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES RECORDED SEPTEMBER 27, 1966, RECORDER'S FILE NO. 156084 AFFECTS PARCEL E AS SHOWN ON MAP 12411; PARCEL F AS FOLLOWS: LOT 92 AS SHOWN ON MAP 12411; PARCEL M AS SET FORTH THEREIN. 10. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY FOR POLES, WIRES AND ANCHORS FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY RECORDED AUGUST 9, 1968 RECORDER'S FILE NO. 136472 AFFECTS PARCEL F AS FOLLOWS: LOT 99 AS SHOWN ON MAP 12411; PARCEL H AS FOLLOWS: LOTS 120, 121 AND 122 AS SHOWN ON MAP 12411 BY QUIT CLAIM DEED RECORDED NOVEMBER 26, 1969 UNDER RECORDER'S FILE 1177466 PAGE 4 r-~ TICOR TI~e INS'URANCe ~ NO. 216504, THE FOLLOWING PORTION OF EASEMENT WAS ELIMINATED: THE SOUTHERLY 25.00 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION ~6, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN. 11. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD FOR WATER SYSTEM, SEWERAGE, DRAINAGE, POWER LINE, EXCAVATION, AND/OR EMBANKMENT FACILITIES RECORDED MARCH 11, 1976, RECORDER'S FILE NO. 76-071622 AFFECTS PARCEL A AS SET FORTH THEREIN; PARCEL B AS FOLLOWS: LOTS 2 AND 3 AS SHOWN ON MAP 12409 12. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1 FOR AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL RECORDED MAY 26, 1976 RECORDER'S FILE NO. 76-159954 AFFECTS PARCEL A AS SET FORTH THEREIN; PARCEL F AS FOLLOWS: LOT 100 AS SHOWN ON MAP 12411 13. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1 FOR AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL RECORDED NOVEMBER 22, 1976 RECORDER'S FILE NO. 76-391112 AFFECTS PARCEL A AS SET FORTH THEREIN 14. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID tASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, UNDERGROUND FACILITIES CONSISTING OF CONDUITS, MANHOLES, HANHOLES AND JUNCTION BOXES WITH WIRES AND CABLES PLAED THEREIN AND ABOVEGROUND STRUCTURES CONSISTING OF PADS, TRANSFORMERS, AND OTHER ABOVEGROUND STRUCTURES, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM RECORDED MAY 10, 1977, RECORDER'S FILE NO. 77-177430 AFFECTS PARCEL A AS SET FORTH THEREIN 15. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS SEPTEMBER 7, 1983 N.B. HUNT AND W.H. HUNT AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE OCTOBER 20, 1983, RECORDER'S FILE NO. 83-378945 16. THE FACT THAT SAID LAND LIES WITHIN THE HPI REORGANIZATION, AS DISCLOSED BY SAN DIEGO COUNTY LOCAL AGENCY FORMATION COMMISSION 1177466 PAGE 5 · (!1J TICOR Tllfe INSURANCE---'-e,,------ , ~ CERTIFICATE OF COMPLETION, RECORDED FEBRUARY 85-051430 OF OFFICIAL RECORDS. 14, 1985 AS FILE NO. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 17. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE DISTRICT NO.1" ESTABLISHED BY RESOLUTION NO. 8744 BY THE CITY OF CARLSBAD A CERTIFIED COpy OF WHICH WAS RECORDED AUGUST 19, 1986, RECORDER'S FILE NO. 86-356638. SAID INSTRUMENT, AMONG OTHER THINGS, PROVIDES FUNDS FOR THE CONSTRUCTION OF THE BRIDGE FACILITIES WILL BE GENERATED BY FEES COLLECTED AS BUILDING PERMITS ARE ISSUED FOR DEVELOPMENT WITHIN THE BOUNDARIES OF THE DISTRICT. 18. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED 19. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED 20. AN AGREEMENT DATED : BY AND BETWEEN : REGARDING RECORDED TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS AUGUST 29, 1986 W.H. HUNT AND N.B. HUNT AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE NOVEMBER 6, 1986, RECORDER'S FILE NO. 86-509319 TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS OCTOBER 16, 1987 W. H. HUNT AND N. B. HUNT AND THE CITY OF CARLSBAD PAYMENT OF A PUBLIC FACILITIES FEE NOVEMBER 19, 1987, RECORDER'S FILE NO. 87-647735 TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS JUNE 6, 1988 THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE STATE LANDS COMMISSION, WITH THE CONCURRENCE OF THE CALIFORNIA ATTORNEY GENERAL; AND PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, A DELWARE LIMITED PARTNERSHIP TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT JUNE 10, 1988, RECORDER'S FI~E NO. 88-278452 21. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF STATE OF CALIFORNIA ACTING BY AND THROUGH THE STATE FOR RECORDED AFFECTS 22. A DEED OF STATED HEREIN DATED AMOUNT TRUSTOR 1177466 LANDS COMMISSION PUBLIC ACCESS EASEMENT JUNE 10, 1988, RECORDER I S FILE NO. 88 -278452 PARCEL A; PARCEL B AS FOLLOWS: LOTS 2 AND 3 AS SHOWN ON MAP 12409; PARCEL J AS FOLLOWS: LOT 309 AS SHOWN ON MAP 12413 TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT DECEMBER 20, 1988 $125,000,000.00 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP PAGE 6 I I @ · (gJ TICOR TI~E I'NSURANCE--=e"---------~ TRUSTEE : FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661636 SAID MATTER AFFECTS: PARCELS A, B, 0, F, I AND J SAID DEED OF REFERRED TO IN DATED EXECUTED·BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED 1177466 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT MARCH 23, 1989 FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION APRIL 14, 1989, RECORDER'S FILE NO. 89-196177 DEED RESTRICTION (OPEN SPACE) APRIL 14, 1989, RECORDER'S FILE NO. 89-196176 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT MARCH 13, 1989 FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION APRIL 14, 1989, RECORDER'S FILE NO. 89-196179 DEED RESTRICTION (TRAIL) APRIL 14, 1989, RECORDER'S FILE NO. 89-196178 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT MARCH 13, 1989 FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION APRIL 14, 1989, RECORDER'S FILE NO. 89-196181 IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS APRIL 14, 1989, RECIJRDER'S FILE NO. 89-196180 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT JUNE 7, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, ·A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1989, RECORDER'S FILE NO. 89-345754 EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. '89-345753 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT JUNE 7, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1989, RECORDER'S FILE NO. 89-345756 PAGE 7 -(fjJ TI CO R TIT!e IN SU R ANC E ----"""e~ ____ _ ~ SUBORDINATED TO : EASEMENT RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345755 SAID DEED OF TRUST HAS BEEN -SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED MAY 22, 1989 EXECUTED BY . AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1989, RECORDER'S FILE NO. 89-345758 EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345757 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT JUNE 14, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1989, RECORDER'S FILE NO. 89-345760 EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345759 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT APRIL 22, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1989, RECORDER'S FILE NO. 89-345762 EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345761 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT JUNE 15, 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1989, RECORDER'S FILE NO. 89-345766 EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345765 TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT MAY 22,' 1989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUNE 29, 1989, RECORDER'S FILE NO. 89-346186 EASEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-346185 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT DATED JUNE 3D, 1989 EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A 1177466 PAGE 8 i I i i I I i I .---{ID TICOR TI~E INSURANCE---=~-----'II RECORDED SUBORDINATED TO RECORDED DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION JUL Y 24, 1989, RECORDER'S FILE NO. 89 -388407 MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS JULY 5,1989, RECORDER'S FILE NO. 89-354659 23. AN ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT WAS EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TO FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION RECORDED DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661637 24. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SHOWING DEBTOR : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP SECURED PARTY FIRST INTERSTATE BANK OF CALIFORNIA RECORDED DECEMBER 23, 1988, RECORDER'S FILE NO. 88-661638 PROPERTY COVERED AS SET FORTH THEREIN SAID MATTER AFFECTS: PARCELS A, B, 0, F, I, & J 25. ANY ASSESSMENTS WHICH MAY BE LEVIED AGAINST THE HEREIN DESCRIBED PROPERTY, AS DISCLOSED BY A FILED MAP OF THE ASSESSMENT DISTRICT; PLAT NO.: PROPOSED BOUNDARIES OF COMMUNITY ·FACILITIES DISTRICT NO.1 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT CITY OF: CARLSBAD RECORDED: MARCH 14, 1989, RECORDER'S FILE NO. 89-130025 AND AS AMENDED MAY 8, 1989, RECORDER'S FILE NO. 89-242769. NOTICE OF SPECIAL TAX LIEN RECORDED JULY 28, 1989, RECORDER'S FILE NO. 89-400726. 26. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED 27. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS MARCH 22, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND THE CALIFORNIA COASTAL COMMISSION DEED RESTRICTION (OPEN SPACE) APRIL 14, 1989, RECORDER'S FILE NO. 89-196176 . TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS MARCH 13, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION AND THE CALIFORNIA COASTAL COMMISSION DEED RESTRICTION (TRAIL) APRIL 14, 1989, RECORDER'S FILE NO. 89-196178 28. A DOCUMENT ENTITLED "IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS" DATED MARCH 13, 1989, EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, RECORDED APRIL 14, 1989, 1177466 PAGE 9 , (!jJ TICOR TllfE IN5LJRANCE--='--------~ RECORDER'S FILE NO. 8;-196180. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 29. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF THE STATE OF CALIFORNIA, A POLITICAL SUBDIVISION FOR AN OPEN-SPACE EASEMENT IN GROSS AND IN PERPETUITY FOR LIGHT, AIR, VIEW, AND FOR THE PRESERVATION OF SCENIC QUALITIES RECORDED APRIL 14, 1989, RECORDER'S FILE NO. 89-196180 AFFECTS PARCEL A AS SET FORTH THEREIN; PARCEL B AS FOLLOWS: LOTS 2 AND 3 OF MAP 12409; PARCEL J AS FOLLOWS: LOT 309 AS SHOWN ON MAP 12413 30. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS MA R CH 3 1, 1 989 AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP, A LIMITED PARTNERSHIP AND CITY OF CARLSBAD AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE JUNE 5, 1989, RECORDER'S FILE NO. 89-296176 31. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD FOR WATERLINE PURPOSES AND APPURTENANCES RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345753 AFFECTS PARCEL A, AS DESCRIBED IN SAID DOCUMENT 32. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID ~ASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD FOR DRAINAGE RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345755 AFFECTS PARCEL A, AS DESCRIBED IN SAID DOCUMENT 33. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD FOR GENERAL UTILITY AND ACCESS RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345757 AFFECTS PARCEL A, AS DESCRIBED IN SAID DOCUMENT 34. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD FOR SEWER AND DRAINAGE RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345759 AFFECTS PARCEL A, AS DESCRIBED IN SAID DOCUMENT 35. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING 1177466 PAGE 10 · ~ TICOR TI~E I·NSURANCE----=e~--------: ~ SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD FOR GENERAL UTILITY AND ACCESS RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345761 AFFECTS PARCEL A, AS DESCRIBED IN SAID DOCUMENT 36._ AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD FOR PUBLIC STREET PURPOSES, AN EASEMENT FOR DRAINAGE PURPOSES, AN EASEMENT FOR SIDEWALK PURPOSES AND AN EASEMENT OF RELINQUISHMENT AND WAIVER OF ABUTTER'S RIGHT OF ACCESS RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-345765 AFFECTS PARCELS A, B, 0 AND F, AS DESCRIBED IN SAID DOCUMENT 37. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS JUNE 28, 1989 THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP DESILTATION BASIN MAINTENANCE AGREEMENT JUNE 29, 1989, RECORDER'S FILE NO. 89-345770 SAID MATTER AFFECTS: PARCEL A AS SET FORTH THEREIN AND PARCEL G AS FOLLOWS: LOTS 123 THROUGH 127 INCLUSIVE OF MAP 12411 38. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS JUNE 28, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND CITY OF CARLSBAD DESILTATION .BASIN/STORM DRAINAGE MAINTENANCE AGREEMENT -JUNE 29, 1989, RECORDER'S FILE NO. 89-345771 SAID MATTER AFFECTS: PARCELS B, 0, I AND J AS SET FORTH THEREIN 39. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FOR CONSTRUCTING, REPAIRING, IMPROVING AND MAINTAINING CERTAIN SLOPES, LANDSCAPING AND INCIDENTAL IMPROVEMENTS ALONG ALGA ROAD AND AMBROSIA RECORDED JUNE 29, 1989, RECORDER'S FILE NO. 89-346183 AFFECTS PARCEL M AS SET FORTH THEREIN 40. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : CITY OF CARLSBAD FOR AN EASEMENT FOR DRAINAGE 1177466 PAGE 11 r-~ TICOR TlftE iN5URANCE------- 1 RECORDED AFFECTS JUNE 29, 1989, RECORDER'S FILE NO. 89-346185 PARCEL M AS SET FORTH THEREIN -41. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP OF THE SUBDIVISION SHOWN BELOW MAP NO. 12409 PROVISIONS AS FOLLOWS: BUILDING PERMITS WILL NOT BE ISSUED FOR LOTS 12 THRU 83 UNTIL PUD PLANS ARE APPROVED BY THE PLANNING COMMISSION. THE OWNER ACCEPTS RESPONSIBILITY FOR DRAINAGE OVERLAND AND ACKNOWLEDGES MAINTENANCE RESPONSIBLITY (IN PERPETUITY). THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE SALE, LEASE, OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS SUBDIVISION, A WRITTEN AGREEMENT PURSUANT TO CARLSBAD MUNICIPAL CODE SECTION 21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY. PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE PARK IN LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF CARLSBAD PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR PRIOR TO SALE OF THE SUBDIVISION PROPERTY WHICHEVER OCCURS FIRST. THE . SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF FEES SHALL BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR SALE. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19 LOCAL FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN CONFORMANCE WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED ON DECEMBER 8, 1987, AND ANY AMENDMENTS THERETO. THE BUILDING PERMITS WHEN ISSUED WILL BE SUBJECT TO ANY FEES, OTHER CONDITIONS OR REQUIREMENTS IMPOSED AS A PART OF THAT PLAN. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE SALE OR DEVELOPMENT OF ANY PROPERTY OR BUILDING PERMITS, A PARKING AND DRAINAGE AGREEMENT SHALL BE ESTABLISHED FOR LOTS 1, 2 & 10 BY THE SUBDIVIDER AND APPROVED BY THE CITY OF CARLSBAD. 42. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION 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 MAP NO. 12409 STREET AFFECTED ALGA ROAD ADJACENT AND CONTIGUOUS TO LOT 9, EXCEPTING THEREFROM ACCESS OPENING NO. 1 43. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE 1177466 PAGE 12 ~ · ~ TICOR TI~E I'NS'URANCE--------~ GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. 12409 STREET AFFECTED BATIQUTIOS DRIVE ADJACENT AND CONTIGUOUS TO LOTS 1, 2, 3, 10, 12, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 63, 64, 65, 66, 74, 75, 76, 77, 78 AND 83 EXCEPTING THEREFROM ACCESS OPENINGS 2 AND 3 44. AN STATED MAP FOR AFFECTS 45. AN STATED MAP FOR AFFECTS 46. AN STATED MAP FOR AFFECTS 47. AN STATED MAP FOR AFFECTS 48. AN STATED MAP FOR AFFECTS 49. AN STATED MAP FOR AFFECTS 50. AN STATED MAP FOR AFFECTS 51. AN STATED MAP FOR AFFECTS EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12409 UTILITY LOTS 1, 2 AND 10 EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12409 ACCESS AND GENERAL UTILITY LOTS 5, 7, 8 AND 9 EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12409 SEWER LOT 9 EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12409 WATERLINE LOTS 3, 5, 7, 8 AND 9 EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12409 DRAINAGE LOTS 4, 5, 6, 7, 8 AND 9 EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12409 SIGHT CORRIDOR LOTS 10, 12, 77, 78 AND 83 EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12409 OPEN SPACE LOTS 3,11,21,37,51 AND 83 EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12409 ACCESS LOTS 2 AND 3 52. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES 1177466 PAGE 13 ~ ~(9J TICOR TIft.E IN5URANCE------- I STATED MAP FOR AFFECTS HEREIN, AND INCIDENTAL 12409 PRIVATE ROAD LOTS 5 AND 7 PURPOSES, SHOWN OR DEDICATED ON 53. AN OFFER OF DEDICATION TO PUBLIC USE OF A PORTION OF SAID LAND. SAID OFFER WAS REJECTED ON SAID MAP, BUT IS SUBJECT TO FUTURE ACCEPTANCE UNDER THE PROVISIONS OF SECTION NUMBER 66477.2 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. DESIGNATED ON MAP NO.: 12409 AS PORTION OF LOT 3 RESERVED FOR FUTURE STREET 54. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP OF THE SUBDIVISION SHOWN BELOW MAP NO. 12410 PROVISIONS AS FOLLOWS: THIS PROJECT IS APPOVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE SALE, LEASE, OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS SUBDIVISION, A WRITTEN AGREEMENT PURSUANT TO THE CARLSBAD MUNICIPAL CODE SECTION 21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED. THE OWNER ACCEPTS RESPONSIBILITY FOR DRAINAGE OVERLAND AND ACKNOWLEDGES MAINTENANCE RESPONSIBILITY (IN PERPETUITY). THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUJECT PROPERTY UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY. PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE PARK IN LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF CARLSBAD PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR PRIOR TO SALE OF THE SUBDIVISION PROPERTY WHICH EVER OCCURS FIRST. THE SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF FEES SHALL BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR SALE. THIS SUBDIVIS:ON CONTAINS A REMAINDER PARCEL PURSUANT TO SECTION 20.04.120 OF THE CARLSBAD MUNICIPAL CODE, BUILDING PERMITS SHALL NOT BE ISSUED FOR SUCH PARCEL UNTIL IT IS FURTHER SUBDIVIDED. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19 . LOCAL FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN CONFORMANCE WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED ON DECEMBER 8, 1987, AND ANY AMENDMENTS THERETO. THE BUILDING PERMITS WHEN ISSUED WILL BE SUJECT TO ANY FEES, OTHER CONDITIONS OR REQUIREMENTS IMPOSED AS A PART OF THAT PLAN. THIS PROJECT IS APPROVED ON THE EXPRESS CONDITION THAT PRIOR TO THE SALE OR DEVELOPMENT OF ANY PROPERTY OR BUILDING PERMIT, PARKING AND DRAINAGE AGREEMENT SHALL BE ESTABLISHED FOR LOTS 87 THROUGH 91 BY THE SUBDIVIDER AND APPROVED BY THE CITY OF CARLSBAD. 55. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO 1177466 PAGE 14 @ ~(f1J TICOR TI""E IN5URANCE------- THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. 12410_ STREET AFFECTED ALGA ROAD ADJACENT & CONTIGUOUS TO LOTS 87, 89, 90 AND 91 EXCEPTING THEREFROM ACCESS OPENINGS NO. 1 AND NO. 2 56. AN STATED MAP FOR AFFECTS 57. AN STATED MAP FC1 AFFECTS 58. AN STATED MAP FOR AFFECTS 59. AN STATED MAP FOR AFFECTS EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12410 GENERAL UTILITY AND ACCESS LOTS 87, 90 AND 91 EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12410 25' SEWER LOTS 87 AND 89 EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12410 15' SEWER LOT 90 EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12410 WATER LOT 87 60. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP 12410 FOR 15' DRAINAGE AFFECTS LOT 87 61. AN STATED MAP FOR AFFECTS 62. AN STATED MAP FOR AFFECTS 63. AN STATED MAP FOR AFFECTS EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12410 SIGHT CORRIDOR LOTS 87 AND 89 EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12410 OPEN SPACE LOTS 88 AND 89 EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12410 PRIVATE ROAD LOT 87 64. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP OF THE SUBDIVISION SHOWN BELOW 1177466 PAGE 15 ..----fliJ TICOR Tlfte iNSURANCe--------- MAP NO. PROVISIONS 12411 AS FOLLOWS: -THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE SALE, LEASE OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS SUBDIVISION A WRITTEN AGREEMENT PURSUANT TO CARLSBAD MUNICIPAL CODE SECTION 21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED. THE OWNER ACCEPTS RESPONSIBILITY FOR OVERLAND DRAINAGE AND ACKNOWLEDGES MAINTENANCE RESPONSIBILITY (IN PERPETUITY). THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY. PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE PARK-IN-LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF CARLSBAD PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR PRIOR TO SALE OF THE SUBDIVIDED PROPERTY WHICHEVER OCCURS FIRST. THE SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF THE FEES SHALL BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR SALE. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19 LOCAL FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN CONFORMANCE WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED DECEMBER 22, 1987, AND ANY AMENDMENTS THERETO. THE BUILDING PERMITS WHEN ISSUED WILL BE SUBJECT TO ANY FEES, OTHER CONDITIONS OR REQUIREMENTS IMPOSED AS A PART OF THAT PLAN. 65. AN STATED MAP FOR AFFECTS 66. AN STATED MAP FOR AFFECTS EASEMENT AFFECTING A PORTION OF SAlD LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12411 DRAINAGE LOTS 92, 93, 96, 97, 98, 99, 100, AND 200 EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR 12411 SEWER LOT 100 THE PURPOSES DEDICATED ON 67. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION 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 MAP NO. 12411 STREET AFFECTED LOTS 92, 93, 95, 96, 98, 227 AND 228 EXCEPT THOSE PORTIONS SHOWN AS "ACCESS OPENINGS", ADJACENT & CONTIGUOUS TO ALGA ROAD 68. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION 1177466 PAGE 16 @ ~(!iJ TI CO R Tilte 1 NSiJ RANC e ---""""e~ ____ _ 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 MAP NO. 12411-STREET AFFECTED LOTS 96 AND 97 ADJACENT AND CONTIGUOUS TO BATIQUITOS DRIVE 69. AN STATED MAP FOR AFFECTS 70. AN STATED MAP FOR AFFECTS EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12411 OPEN SPACE LOTS 95, 99, 100, 155, 200, 227, 228, 229, 142, 143, 144 AND 145 EASEMENT AFFECTING A PORTION OF SAID LAND AND HEREIN, AND INCIDENTAL PURPOSES, SHOWN 12411 SIGHT CORRIDOR LOTS 92 AND 227 FOR THE PURPOSES OR DEDICATED ON 71. AN OFFER OF DEDICATION TO PUBLIC USE OF A PORTION OF SAID LAND. SAID OFFER WAS REJECTED ON SAID MAP, BUT IS SUBJECT TO FUTURE ACCEPTANCE UNDER THE PROVISIONS OF SECTION NUMBER 66477.2 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. DESIGNATED ON MAP NO.: 12411 AS PORTION OF LOT 97 DEDICATED HEREON TO THE PUBLIC FOR STREET PURPOSES AFFECTS LOT 97 AS SHOWN IN SAID MAP 72. AN STATED MAP FOR AFFECTS 73. AN STATED MAP FOR AFFECTS 74. AN STATED MAP FOR AFFECTS 75. AN STATED MAP FOR AFFECTS EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12411 GENERAL UTILITY AND ACCESS EASEMENT LOT 97 EASEMENT AFFECTING A PORTION OF SAID LAND AND HEREIN, AND INCIDENTAL PURPOSES, SHOWN 12411 45' SEWER AND DRAINAGE EASEMENT LOTS 100, 106 AND 107 FOR THE PURPOSES OR DEDICATED ON EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12411 CLEAR SPACE AND SIGHT DISTANCE LOT 126 EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12411 DRAINAGE, GENERAL UTILITY AND ACCESS EASEMENT FOR SEWER PUMP STATION AND DETENTION BASIN PURPOSES LOTS 123 THROUGH 127 INCLUSIVE 76. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP 12411 1177466 PAGE 17 lfm TICOR TI~E IN5URANCE------- FOR AFFECTS PRIVATE OPEN SPACE LOT LOTS 94 AND 176 -77. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP OF THE SUBDIVISION SHOWN BELOW MAP NO. . 12411 PROVISIONS BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE PUD PLANS FOR PLANNING AREAS 4, 8 AND 14 ARE APPROVED BY THE CITY PLANNING COMMISSION. THIS EFFECTS LOTS 128 THROUGH 226 INCLUSIVE. 78. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP OF THE SUBDIVISION SHOWN BELOW MAP NO. 12412 PROVISIONS AS FOLLOWS: THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE SALE, LEASE OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS SUBDIVISION A WRITTEN AGREEMENT PURSUANT TO CARLSBAD MUNICIPAL CODE SECTION 21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED. THE OWNER ACCEPTS RESPONSIBILITY FOR DRAINAGE OVERLAND AND ACKNOWLEDGES MAINTENANCE RESPONSIBILITY (IN PERPETUITY). THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND WILL CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY. PURSUANT TO SECTION 20.44.050 OF THE CARLSBAD MUNICIPAL CODE PARK-IN-LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF CARLSBAD PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR PRIOR TO SALE OF THE SUBDIVIDED PROPERTY WHICHEVER OCCURS FIRST. THE SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF THE FEES SHALL BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR SALE. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19 LOCAL FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN CONFORMANCE WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED ON DECEMBER 22, 1987, AND ANY AMENDMENTS THERETO. . THE BUILDING PERMITS WHEN ISSUED WILL BE SUBJECT TO ANY FEES, OTHER CONDITIONS OR REQUIREMENTS IMPOSED AS A PART OF THAT PLAN. 79. AN STATED MAP FOR AFFECTS EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12412 4' GENERAL UTILITY LOTS 233 THROUGH 302 INCLUSIVE 80. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP 12412 1177466 PAGE 18 FOR AFFECTS GENERAL UTILITY AND ACCESS LOT 303 81. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION 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 MAP NO. 12412 STREET AFFECTED ALGA ROAD ADJACENT AND CONTIGUOUS TO LOT 230 82. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION 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 MAP NO. 12412 STREET AFFECTED BATIQUITOS DRIVE ADJACENT AND CONTIGUOUS TO LOT 229 83. AN STATED MAP FOR AFFECTS EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR 12412 OPEN SPACE LOTS 231 AND 232 THE PURPOSES DEDICATED ON 84. AN STATED MAP EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON FOR AFFECTS 12412 PRIVATE STREET LOT 303 85. AN STATED MAP EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON FOR AFFECTS 12412 DRAINAGE AND ACCESS LOTS 229 AND 232 86. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP OF THE SUBDIVISION SHOWN BELOW MAP NO. 12413 PROVISIONS AS FOLLOWS: BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE PUD PLANS FOR PLANNING AREAS 4, 8 AND 14 ARE APPROVED BY THE CITY PLANNING COMMISSION. THIS EFFECTS LOTS 310 THROUGH 361 INCLUSIVE. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT PRIOR TO THE SALE, LEASE OR FINANCE OF ANY PARCEL OR LOT WITHIN THIS SUBDIVISION A WRITTEN AGREEMENT PURSUANT TO CARLSBAD MUNICIPAL CODE SECTION 21.38.030 APPROVED BY THE CITY ATTORNEY SHALL BE EXECUTED. THE OWNER ACCEPTS RESPONSIBILITY FOR OVERLAND DRAINAGE AND ACKNOWLEDGES MAINTENANCE RESPONSIBILITY (IN PERPETUITY). THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITIONS THAT BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY UNLESS THE CITY ENGINEER DETERMINES THAT SEWER FACILITIES ARE AVAILABLE AT THE TIME OF APPLICATION FOR SUCH SEWER PERMITS AND WILL 1177466 PAGE 19 .----(!iJ TICOR TI~E INSURANCE------- CONTINUE TO BE AVAILABLE UNTIL TIME OF OCCUPANCY. PURSUANT TO SECTION 20.44.050 OF .THE CARLSBAD MUNICIPAL CODE PARK-IN-LIEU FEES FOR THIS SUBDIVISION MUST BE PAID TO THE CITY OF CARLSBAD PRIOR TO ISSUANCE OF BUILDING PERMITS FOR THE SUBDIVISION OR PRIOR TO SALE OF THE SUBDIVIDED PROPERTY WHICHEVER OCCURS FIRST. THE SUBDIVIDER HAS ENTERED INTO A SECURED AGREEMENT WITH THE CITY OF CARLSBAD TO GUARANTEE PAYMENT OF THESE FEES. THE AMOUNT OF THE FEES SHALL BE DETERMINED AT THE TIME OF THE BUILDING PERMIT ISSUANCE OR SALE. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING PERMITS WILL NOT BE ISSUED UNTIL THE REQUIREMENTS OF THE ZONE 19 LOCAL FACILITIES PLAN HAVE BEEN MET. THE PROJECT MUST BE IN CONFORMANCE WITH COUNCIL RESOLUTION NUMBER 9322, APPROVED DECEMBER 22, 1987, AND ANY AMENDMENTS THERETO. THE BUILDING PERMITS WHEN ISSUED WILL BE SUBJECT TO ANY FEES, OTHER CONDITIONS OR REQUIREMENTS IMPOSED AS A PART OF THAT PLAN. 87. AN STATED MAP FOR AFFECTS 88. AN STATED MAP FOR AFFECTS 89. AN STATED MAP FOR AFFECTS 90. AN STATED MAP FOR AFFECTS EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12413 DRAINAGE AND ACCESS LOT 304 EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12413 SEWER LOTS 304, 305, 308 AND 309 EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12413 WATER LOT 307 EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12413 GENERAL UTILITIES AND ACCESS LOTS 305, 306 AND 308 91. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION 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 MAP NO. 12413 STREET AFFECTED ALGA ROAD ADJACENT AND CONTIGUOUS TO LOT 304 92. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION 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 MAP NO. 12413 STREET AFFECTED BATIQUITOS DRIVE ADJACENT AND CONTIGUOUS TO LOTS 1177466 PAGE 20 ...---ffiJ TI COR TI1!e IN SU RANCE ---"",-",--' ----- 310, 353, 354, 355, 356, 357, 358, 359, 360 AND 361 93. PROVISIONS OF THE DEDICATION-STATEMENT ON MAP OF THE SUBDIVISION 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 MAP NO. 12413 STREET AFFECTED AVIARA DRIVE (PRIVATE) ADJACENT AND CONTIGUOUS TO LOTS 324 AND 325 94. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION 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 MAP NO. 12413 STREET AFFECTED AVIARA DRIVE ADJACENT AND CONTIGUOUS TO LOTS 325, 326, 350, 351, 352 AND 353 95. AN STATED MAP FOR AFFECTS 96. AN STATED MAP FOR AFFECTS 97. AN STATED MAP FOR AFFECTS 98. AN STATED MAP FOR AFFECTS 99. AN STATED MAP FOR AFFECTS EASEMENT AFFECTING A PORTION OF SAID LAND AND HEREIN, AND INCIDENTAL PURPOSES, SHOWN 12413 OPEN SPACE LOTS 306 AND 307 FOR THE PURPOSES OR DEDICATED ON EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES H~REIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12413 SIGHT CORRIDOR LOTS 304 AND 310 EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12413 PRIVATE OPEN SPACE LOT LOT 316 EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 12413 CLEAR SPACE AND SIGHT DISTANCE LOTS 330, 334, 335, 341, 343 AND 361 EASEMENT AFFECTING A PORTION OF SAID LAND AND HEREIN, AND INCIDENTAL PURPOSES, SHOWN 12413 DRAINAGE LOTS 305 AND 308 FOR THE PURPOSES OR DEDICATED ON 100. COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION OF RESTRICTIONS EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP RECORDED JULY 5, 1989, RECORDER'S FILE NO. 89-354659 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. 1177466 PAGE 21 .----~ TICOR TI,fE INSURANCE------- IT ALSO PROVIDES THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. THE RIGHT TO LEVY CERTAIN CHARGES OR ASSESSMENTS AGAINST SAID LAND WHICH SHALL BECOME A LIEN IF NOT PAID, AS THEREIN SET FORTH, CONFERRED UPON AVIARA MASTER ASSOCIATION, A CALIFORNIA NON-PROFIT MUTUTAL BENEFIT CORPORATION THE ABOVE MENTIONED COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT THE ASSESSMENT LIENS PROVIDED FOR THEREIN SHALL BE SUBORDINATE TO THE LIEN OF ANY FIRST MORTGAGE UPON ANY LOT. 101. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DEED EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP RECORDED JULY 25, 1989, RECORDER'S FILE NO. 89-390102 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. SAID MATTER AFFECTS: PARCEL G 102. AN AGREEMENT D.ATED BY AND BETWEEN REGARDING RECORDED TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS JUNE 30, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, AND ROC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP OPTION TO REPURCHASE JULY 25, 1989, RECORDER'S FILE NO. 89-390103 SAID MATTER AFFECTS: PARCEL G SAID AGREEMENT HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT RECORDED : JULY 25, 1989, RECORDER'S FILE NO. 89-390108 SUBORDINATED TO: OPTION AGREEMENT AND CONDITIONS TO GRANT RECORDED JULY 25, 1989, RECORDER'S FILE NO. 89-390103 103. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY OTHER OBLIGATIONS THEREIN CONTA.INED. DEED OF TRUST DATED JUNE 30, 1989 TRUSTOR ROC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TRUSTEE TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP RECORDED JULY 25, 1989, RECORDER'S FILE NO. 89-390104 SAID MATTER AFFECTS: PARCEL G 1177466 PAGE 22 SAID DEED OF REFERRED TO IN DATED EXECUTED BY RECORDED SUBORDINATED TO RECORDED 104. A DEED OF STATED HEREIN DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT JUNE 29, 1989 RDC DEVCO Ii LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, AND CITICORP REAL ESTATE, INC., A DELAWARE CORPORATION JULY 25, 1989, RECORDER'S FILE NO. 89-390107 MARKETING AGREEMENT AND DEED OF TRUST JULY 25,1989, RECORDER'S FILE NO. 89-390104 TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT JUNE 29, 1989 $27,100,000.00 RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION CITICORP REAL ESTATE, INC., A DELAWARE CORPORATION JULY 25, 1989, RECORDER'S FILE NO. 89-390105 SAID MATTER AFFECTS: PARCEL G AN ASSIGNMENT OF SALES CONTRACTS AND DEPOSITS, AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY THE DEED OF TRUST INSURED HEREIN, WHICH ASSIGNMENT WAS EXECUTED BY ROC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TO CITICORP REAL ESTATE, INC., A DELAWARE CORPORATION RECORDED JULY 25, 1989, RECORDER'S FILE NO. 89-390106 105. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DEED EXECUTED BY : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP RECORDED JU~Y 25, 1989, RECORDER'S FILE NO. 89-390111 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. 106. AN AGREEMENT DATED BY AND BETWEEN REGARDING RECORDED TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS JUNE 30, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND ROC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP OPTION TO REPURCHASE JULY 25, 1989, RECORDER'S FILE NO. 89-390112 SAID MATTER AFFECTS: PARCEL H 107. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED JUNE 30, 1989 1177466 PAGE 23 • 1'--' -grJ TICOR TIr!E INSURANCE------- AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED $2,250,000.00 RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP JULY 25, 1989, RECORDER'S FILE NO. 89-390113 SAID MATTER AFFECTS: PARCEL H THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION BY ASSIGNMENT DATED: JULY 24, 1989 RECORDED JULY 25, 1989, RECORDER'S FILE NO. 89-390115 108. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY OTHER OBLIGATIONS THEREIN CONTAINED. DEED OF TRUST DATED JUNE 30, 1989 TRUSTOR RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP TRUSTEE TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP RECORDED JULY 25, 1989, RECORDER'S FILE NO. 89-390114 SAID MATTER AFFECTS: PARCEL H 109. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FOR (A) TO CONSTRUCT, INSTALL, MAINTAIN AND REPAIR IN THE DEDICATED PROPERTY TRAILS, PICNIC BENCHES, SLOPES, WALLS, FENCES, EROSION CONTROL DEVICES AND SUCH OTHER FACILITIES AS ARE CONSISTENT WITH THE USE OF THE DEDICATED PROPERTY AS OPEN SPACE LAND. 1177466 (B) TO INSTALL LANDSCAPING AND DRAINAGE AND IRRIGATION FACILITIES IN THE DEDICATED PROPERTY AND ENTER UPON THE DEDICATED PROPERTY FOR THE PURPOSE OF MAINTAINING, RESTORING AND REPLACING SUCH LANDSCAPING AND DRAINAGE AND IRRIGATION FACILITIES. (C) TO ENTER UPON THE DEDICATED PROPERTY TO TRIM AND MAINTAIN TREES. (D) TO ENTER UPON THE DEDICATED PROPERTY TO THIN AND REMOVE VEGETATION AND UNDERBRUSH. (E) TO DEDICATE EASEMENTS OVER THE DEDICATED PROPERTY PAGE 24 , 1~(gJ TICOR TI~E I'NSURANCE------- RECORDED AFFECTS FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF PUBLIC UTILITIES. -(F) TO ENTER UPON THE DEDICATED PROPERTY FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF PUBLIC UTILITIES JULY 28, 1989, RECORDER'S FILE NO. 89-399349 PARCEL C AS SET FORTH IN SAID DOCUMENT 110. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DEED EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP RECORDED JULY 28, 1989, RECORDER'S FILE NO. 89-399349 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. SAID MATTER AFFECTS: PARCEL C 111. AN AGREEMENT DATED TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS JUNE 30, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP OPTION TO REPURCHASE BY AND BETWEEN REGARDING RECORDED JULY 28, 1989, RECORDER'S FILE NO. 89-399350 SAID MATTER AFFECTS: PARCEL C 112. A DEED OF STATED HEREIN DATED· AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT JUNE 30, 1989 $8,160,000.00 DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP JULY 28, 1989, RECORDER'S FILE NO. 89-399351 SAID MATTER AFFECTS: PARCEL C THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION BY ASSIGNMENT DATED: JULY 1989 RECORDED JULY 28, 1989, RECORDER'S FILE NO. 89-399353 113. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY OTHER OBLIGATIONS THEREIN CONTAINED. DEED OF TRUST DATED JUNE 30, 1989 TRUSTOR DAVIDSON COS CAN PARTNERS, A CALIFORNIA 1177466 PAGE 25 ,....--~ TICOR Tll!e INSURANCe---=~----­, r TRUSTEE BENEr.CIARY RECORDED GENERAL PARTNERSHIP TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP JULY 28, 1989, RECORDER'S FILE NO. 89-399352 SAID MATTER AFFECTS: PARCEL C 114. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DEED EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARn,r:RSHIP, A DELAWARE LIMITED PARTNERSHIP RECORDED JULY 28, 1989, RECORDER'S FILE NO. 89-399356 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. SAID MATTER AFFECTS: PARCEL K 115. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FOR (A) TO CONSTRUCT, INSTALL, MAINTAIN AND REPAIR IN THE DEDICATED PROPERTY TRAILS, PICNIC BENCHES, SLOPES, WALLS, FENCES, EROSION CONTROL DEVICES AND SUCH OTHER FACILITIES AS ARE CONSISTENT WITH THE USE OF THE DEDICATED PROPERTY AS OPEN SPACE LAND. RECORDED AFFECTS (B) TO INSTALL LANDSCAPING AND DRAINAGE AND IRRIGATION FACILITIES IN THE DEDICATED PROPERTY AND ENTER UPON THE DEDICATED PROPERTY FOR THE PURPOSE OF MAINTAINING, RESTORING AND REPLACING SUCH LANDSCAPING AND DRAINAGE AND IRRIGATION FACILITIES. (C) TO ENTER UPON THE DEDICATED PROPERTY TO TRIM AND MAINTAIN TREES. (D) TO ENTER UPON THE DEDICATED PROPERTY TO THIN AND REMOVE VEGETATION AND UNDERBRUSH. (E) TO DEDICATE EASEMENTS OVER THE DEDICATED PROPERTY FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF PUBLIC UTILITIES. (F) TO ENTER UPON THE DEDICATED PROPERTY FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF PUBLIC UTILITIES JULY 28, 1989, RECORDER'S FILE NO. 89-399356 PARCEL K AS SET FORTH THEREIN 116. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED JUNE 30, 1989 BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A 1177466 PAGE 26 ,[ I'-~ TlCOR T'~E "NSURANCE------- REGARDING RECORDED DELAWARE LIMITED PARTNERSHIP AND DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP OPTION TO REPURCHASE JULY 28, 1989, RECORDER'S FILE NO. 89-399357 SAID MATTER AFFECTS: PARCEL K 117. A DEED OF STATED HEREIN DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT JUNE 30, 1989 $6,311,250.00 DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP JULY 28, 1989, RECORDER'S FILE NO. 89-399358 SAID MATTER AFFECTS: PARCEL K THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION B~ ASSIGNMENT DATED: JULY 1989 RECORDED JULY 28, 1989, RECORDER'S FILE NO. 89-399360 118. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY OTHER OBLIGATIONS THEREIN CONTAINED. DEED OF TRUST DATED JUNE 30, 1989 TRUSTOR DAVIDSON COSCAN PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP TRUSTEE TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP RECORDED JULY 28, 1989, RECORDER'S FILE NO. 89-399359 SAID MATTER AFFECTS: PARCEL K 119. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY ORGANIZED IN THE STATE OF CALIFORNIA, ITS SUCCESSORS AND ASSIGNS . FOR THE CONSTRUCTION, OPERATION, REPAIR, RECONSTRUCTION AND ALL ACTIVITIES NECESSARY TO CONSTRUCT, RECONSTRUCT, OPERATE, MAINTAIN AND REPAIR FACILITIES DESIGNED FOR THE GENERAL PURPOSE OF COLLECTING, STORING, TRANSPORTING, PUMPING AND TREATING ALL WATER, INCLUDING SURFACE WATER, STREAM WATER, FLOOD WATER AND GROUND WATER FLOWING INTO SAID FACILITIES, AND ALL 1177466 PAGE 27 .-'-(f1J TICOR TlrPE IN5URANCE-=-------- NATURAL AND ARTIFICIAL DRAINAGE DITCHES AND STRUCTURES OF ANY KIND, WHETHER ABOVE OR BELOW THE SURFACE OF THE GROUND. _ RECORDED AUGUST 7, 1989, RECORDER'S FILE NO. 89-419898 AFFECTS PARCEL A AS SET FORTH THEREIN 120. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DEED EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP RECORDED AUGUST 17, 1989, RECORDER'S FILE NO. 89-440103 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. SAID MATTER AFFECTS: PARCEL E 121. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FOR (A) TO CONSTRUCT, INSTALL, MAINTAIN AND REPAIR IN THE DEDICATED PROPERTY TRAILS, PICNIC BENCHES, SLOPES, WALLS, FENCES, EROSION CONTROL DEVICES AND SUCH OTHER FACILITIES AS ARE CONSISTENT WITH THE USE OF THE DEDICATED PROPERTY AS OPEN SPACE LAND. RECORDED AFFECTS (B) TO INSTALL LANDSCAPING AND DRAINAGE AND IRRIGATION FACILITIES IN THE DEDICATED PROPERTY AND ENTER UPON THE DEDICATED PROPERTY FOR THE PURPOSE OF MAINTAINING, RESTORING AND REPLACING SUCH LANDSCAPING AND DRAINAGE AND IRRIGATION FACILITIES. (C) TO ENTER UPON THE DEDICATED PROPERTY TO TRIM AND MAINTAIN TREES. (D) TO ENTER UPON THE DEDICATED PROPERTY TO THIN AND REMOVE VEGETATION AND UNDERBRUSH. (E) TO DEDICATE EASEMENTS OVER THE DEDICATED PROPERTY FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF PUBLIC UTILITIES. (F) TO ENTER UPON THE DEDICATED PROPERTY FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF PUBLIC UTILITIES AUGUST 17, 1989, RECORDER'S FILE NO. 89-440103 PARCEL E AS SET FORTH THEREIN 122. AN AGREEMENT DATED TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS AUGUST 10, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND LYON COMMUNITIES INC., A CALIFORNIA CORPORATION BY AND BETWEEN REGARDING RECORDED 1177466 OPTION TO REPURCHASE AUGUST 17, 1989, RECORDER'S FILE NO. 89-440104 PAGE 28 -,,---g;) TICOR TI~E INS'URANCE------- SAID MATTER AFFECTS: PARCEL E 123. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY OTHER OBLIGATIONS THEREIN CONTAINED. DEED OF TRUST DATED AUGUST 10, 1989 TRUSTOR LYON COMMUNITIES INC., A CALIFORNIA CORPORATION TRUSTEE TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP RECORDED AUGUST 17, 1989, RECORDER'S FILE NO. 89-440105 SAID MATTER AFFECTS: PARCEL E 124. A DEED OF STATED HEREIN DATED AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT AUGUST 10, 1989 $8,700,000.00 LYON COMMUNITIES INC., A CALIFORNIA CORPORATION TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AUGUST 17, 1989, RECORDER'S FILE NO. 89-440106 SAID MATTER AFFECTS: PARCEL E THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION BY ASSIGNMENT DATED: AUGUST 10, 1989 RECORDED AUGUST 17, 1989, RECORDER'S FILE NO. 89-440107 A. CODE AREA PARCEL NO. 1177466 NOTES 09133 214-170-51, 215-040-02-01, 215-040-02-02 215-040-15, 215-040-16, 215-050-14 215-051-10, 215-070-05-01, 215-070-05-02 215-080-02, 216-111-01, 216-111-03 216-111-04, 216-150-06, 216-150-07 PAGE 29 ~(gJ TICOR TlrfE INSURANCE------- THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THOSE PORTIONS OF SECTIONS 22, 26, 27, 28, 33, AND 34 ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 34 AS SHOWN ON RECORD OF SURVEY MAP NO. 10774 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 30, 1986 AS FILE NO. 86-494180; THENCE ALONG THE EASTERLY LINE OF SAID SECTION, SOUTH 00°32'01" WEST 426.75 FEET; THENCE LEAVING SAID EASTERLY LINE, THE FOLLOWING COURSES: NORTH 83°55'00" WEST 164.81 FEET; SOUTH 51°22'00" WEST 518.00 FEET; SOUTH 67°22'00" WEST 140.00 FEET; SOUTH 60°44'00" WEST 295.00 FEET; SOUTH 39°25'00" EAST 163.00 FEET; SOUTH 21°11'00" WEST 214.00 FEET; SOUTH 49°15'00" WEST 119.00 FEET; NORTH 89°45'00" WEST 186.00 FEET; NORTH 58°00'00" WEST 132.00 FEET; NORTH 72°30'00" WEST 187.00 FEET; NORTH 05°14'00" EAST 201.00 FEET; NORTH 51°53'00" WEST 63.00 FEET; NORTH 74°45'00" WEST 193.00 FEET; NORTH 89°42'00" WEST 218.00 FEET; SOUTH 59°00'00" WEST 156.00 FEET; NORTH 75°10'00" WEST 113.00 FEET; SOUTH 22°30 1 00" WEST 88.00 FEET; SOUTH 81°22'00" WEST 57.00 FEET; SOUTH 61°54 1 00 WEST 195.00 FEET; NORTH 82°00 1 00" WEST 114.00 FEET; NORTH 89°00 1 00 WEST 120.00 FEET; SOUTH 01°00'00 EAST 36.00 FEET; SOUTH 62°50'00 WEST 318.00 FEET; SOUTH 28°00 1 00 EAST 35.00 FEET; SOUTH 54°10'00 WEST 148.00 FEET; SOUTH 79°35'00 WEST 155.00 FEET; NORTH 54°10'00 WEST 370.00 FEET; NORTH 74°30'00 WEST 86.00 FEET; NORTH 35°30'00 WEST 141.00 FEET; NORTH 11°10'00 EAST 110.00 FEET; NORTH 20°30 1 00" WEST 128.00 FEET; NORTH 85°00 1 00 WEST 71.00 FEET; SOUTH .25°30'00" WEST 223.00 FEET; SOUTH 10°45'00" EAST 53.00 FEET; SOUTH 33°30 1 00" WEST 146.00 FEET; SOUTH 55°30'00" WEST 52.00 FEET; SOUTH 77°30'00" WEST 358.00 FEET; SOUTH 55°10'00" WEST 167.00 FEET; SOUTH 75°58'00" WEST 42.00 FEET; NORTH 83°56'00" WEST 117.00 FEET; NORTH 73°50'00" WEST 99.00 FEET; NORTH 79°50'00" WEST 147.00 FEET; NORTH 74°10'00" WEST 190.00 FEET; NORTH 68°56'02" WEST 346.00 FEET; NORTH 73°16'26" WEST 174.03 FEET; NORTH 84°00'00" WEST 124.00 FEET; SOUTH 78°00'00" WEST 447.00 FEET; NORTH 83°00'00" WEST 123.73 FEET TO THE BOUNDARY LINE OF SAID RECORD OF SURVEY MAP; THENCE ALONG SAID BOUNDARY LINE, THE FOLLOWING COURSES: NORTH 32°17'46" WEST 561.66 FEET; NORTH 69°15'21" WEST 228.23 FEET; NORTH 00°43'21" WEST 788.21 FEET; NORTH 00°30'45" EAST 1357.73 FEET; SOUTH 89°08'32" EAST 1358.19 FEET; NORTH 23°18'51" EAST 156.92 FEET; SOUTH 83°50'41" EAST 182.99 FEET; NORTH 63°51'06" EAST 118.55 FEET; NORTH 46°13'35" EAST 66.99 FEET; NORTH 21°20'05" EAST 79.07 FEET; NORTH 14°41'15" WEST 271.95 FEET; NORTH 26°25'20" WEST 112.93 FEET; NORTH 44°11'08" WEST 189.02 FEET; NORTH 36°54'21" WEST 80.99 FEET; NORTH 17°22'08" WEST 96.53 FEET; NORTH 07°57'57" WEST 108.47 FEET; NORTH 03°51'41" EAST 180.95 FEET; NORTH 35°35'33" WEST 142.04 FEET; NORTH 00°34'18" EAST 2716.14 FEET; SOUTH 86°58'38" EAST 1318.67 FEET; NORTH 01°49'19" WEST 331.07 FEET; SOUTH 86°57'12" EAST 660.57 FEET; SOUTH 01°36 1 47" EAST 330.69 FEET; SOUTH 00°06 1 50" WEST 1340 .. 75 FEET; SOUTH 87°30'08" EAST 662.65 FEET; SOUTH 87°32'14" EAST 662.56 FEET; 1177466 PAGE 30 • rm TICOR TI~E I'NS'URANCE NORTH 00°12'09" WEST 1328.52 FEET; SOUTH 86°58'17" EAST 659.12 FEET; NORTH 00°41'54" WEST 2434.07 FEET; SOUTH 89°28'30" EAST 1370.33 FEET; SOUTH 00°33'25" WEST 2491.10 FEEt; SOUTH 00°42'22" EAST 2294.99 FEET; SOUTH 89°19'14" EAST 1334.44 FEET; SOUTH 00°21'21" EAST 328.99 FEET; SOUTH 89°16'26" EAST 252.98 FEET; SOUTH 00°43'19" WEST 392.93 FEET; SOUTH 89°16'42" EAST 299.95 FEET; SOUTH 25°48'10" EAST 163.03 FEET; SOUTH 44°39'44" WEST 109.07 FEET; SOUTH 40°51'44" WEST 501 .68 FEE T ; SOUTH 38°15'14" WEST 136.45 FEET; SOUTH 08°46'19" WEST 168.00 FEET; SOUTH 24°07'12" WEST 174.68 FEET; SOUTH 15°13'16" EAST 128.95 FEET; SOUTH 48°19'47" EAST 507.55 FEET; SOUTH 24°29'17" EAST 825.89 FEET; NORTH 88° 48' 10" WEST 770.87 FEET; NORTH 00°22'48" WEST 658.36 FEET; NORTH 88°55'25" WEST 1321.10 FEET; AND SOUTH 00°42'22" EAST 655.68 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 -UNIT "A" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12409 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989; ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 -UNIT liB" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12410 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989; ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 UNIT "C", IN THE CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989; ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I -UNIT "0", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12412, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989; ALSO EXCEPTING THEREFROM ALL OF CITY OF CARLSBAD TRACT 85-35 PHASE 1 -UNIT liE" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989; ALSO EXCEPTING THEREFROM THAT PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF AS SHOWN ON RECORD OF SURVEY NO. 10774, RECORDED OCTOBER 30, 1986 AS FILE NO. 86-494180, BEING MORE PARTICULARLY " DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE ALONG THE EASTERLY LINE OF SAID SECTION 22, NORTH 00°33'25" EAST, 1634.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE, SOUTH 89°46'56" WEST, 678.27 FEET; THENCE SOUTH 44°18'06" WEST, 124.45 FEET; THENCE SOUTH 89°18'06" WEST, 566.00 FEET; THENCE NORTH 19°52'40" EAST, 92.87 FEET; THENCE NORTH 45°10'21" WEST, 54.44 FEET; THENCE NORTH 13°28'04" EAST, 60.92 FEET; THENCE NORTH 00°22'40" WEST, 320.06 FEET; THENCE NORTH 12°18'08" WEST, 92.73 FEET; THENCE NORTH 50°59'09" EAST, 201.72 FEET; THENCE NORTH 14°03'08" WEST, 251.61 FEET TO A POINT ON THE NORTHERLY LINE OF SAID RECORD OF SURVEY NO. 10774; THENCE SOUTH" 89°28'30" EAST, 322.59 FEET; THENCE LEAVING SAID 1177466 PAGE 31 r-!ID TICOR TITfe IN5URANCE~e,.----_- .. NORTHERLY LINE SOUTH 00°43'00" EAST, 121.77 FEET; THENCE SOUTH 49°41'33" WEST, 50.16 FEET; THENCE SOUTH 10°13'08" WEST, 45.76 FEET; THENCE SOUTH 34°30'47" EAST, 34.62 FEET; THENCE SOUTH 62°22'17" EAST, 25.68 FEET; THENCE SOUTH 19°35'24" WEST, 109.22 FEET; THENCE NORTH 75°32'32" EAST, 110.78 FEET; THENCE NORTH 35°50'10" EAST, 100.96 FEET; THENCE SOUTH 82°53'54" EAST, 31.50 FEET; THENCE NORTH 56°01'44" EAST, 225.45 FEET; THENCE NORTH 43°54'35" EAST, 93.91 FEET; THENCE NORTH 73°18'15" EAST, 133.63 FEET TO A POINT ON THE NORTHERLY LINE OF SAID RECORD OF SURVEY NO. 10774, THENCE ALONG SAID NORTHERLY LINE, SOUTH 89°28'30" EAST, 135.92 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 52°45'54" EAST, 325.96 FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION 22; THENCE ALONG SAID EASTERLY LINE, SOUTH 00°33'25" WEST, 661.79 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THOSE PORTIONS OF THE SOUTH ONE HALF OF THE SOUTH ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOGETHER WITH A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH ONE HALF OF THE SOUTH ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE ALONG THE EASTERLY LINE THEREOF, SOUTH 00°21'21" EAST 293.56 FEET TO A POINT ON A NON-TANGENT 1151.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 04°10'50" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39°32'20" A DISTANCE OF 794.28 FEET TO THE BEGINNING OF A REVERSE 20.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE BEARS SOUTH 43°43'10" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87°33'10" A DISTANCE OF 30.56 FEET; THENCE TANGENT TO SAID CURVE, NORTH 46°10'00" WEST 95.89 FEET TO THE BEGINNING OF A TANGENT 430.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°46'00" A DISTANCE OF 73.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 55°56'00" WEST 416.30 FEET TO THE BEGINNING OF A TANGENT 320.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55°13'38" A DISTANCE OF 308.45 FEET; THENCE TANGENT ·TO SAID CURVE, NORTH 00°42'22" WEST 18.83 FEET TO THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE TO AND ALONG SAID NORTHERLY LINE, SOUTH 89°19'14" EAST 1349.44 FEET TO THE POINT OF BEGINNING. PARCEL B: LOTS 1 THROUGH 11 INCLUSIVE OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 -UNIT A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12409, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989. PARCEL C: LOTS 12 THROUGH 83 INCLUSIVE, OF CITY OF CARLSBAD TRACT 85-35, AVIARA 1177466 PAGE 32 (gJ TICOR TIT~ INSURANCE-------. i PHASE 1 -UNIT A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12409, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER 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 AND 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 SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY. PARCEL D: LOTS 87 THROUGH 91 INCLUSIVE, OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 -UNIT B, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA" ACCORDING TO MAP THEREOF NO. 12410, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. PARCEL E: LOTS 92 AND 93 OF THE CITY OF CARLSBAD TRACT 85-35 AVIARA PHASE I UNIT C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER 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 AND 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 SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY. PARCEL F: 1177466 PAGE 33 :l . , J !fD TICOR TlTtEINSURANCE--------, LOTS 94 THROUGH 100 INCLUSIVE, LOTS 115, 116, 123 THROUGH 127 INCLUSIVE, LOTS 227, 228 AND 229 OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I UNIT C, IN THE CIT~ OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. PARCEL G: LOTS 128 THROUGH 226 INCLUSIVE, OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I-UNIT C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER 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 AND 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 SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY, AS RESERVED BY DOCUMENT RECORDED JULY 25, 1989, RECORDER'S FILE NO. 89-390102. PARCEL H: LOTS 101 THROUGH 114 INCLUSIVE AND LOTS 117 THROUGH 122 INCLUSIVE, OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I UNIT C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF'THE FOREGOING, THAT MAY BE WITHIN OR UNDER 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 AND 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 SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY. 1177466 PAGE 34 .. .\ . -(!1J TICOR TITte INSURANCe-e------ PARCEL I: LOTS 229 THROUGH 303 INCLUSIVE OF CITY OF CARLSBAD TRACT B5-35, AVIARA PHASE I -UNIT "0", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12412, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. PARCEL J: LOTS 304 THRUOGH 309 INCLUSIVE, OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I UNIT "E", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989 . . PARCEL K: LOTS 310 THROUGH 361, INCLUSIVE, OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 UNIT "E", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12413, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER 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 T·HE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY OIL AND 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 SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY. PARCEL L: THAT PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF AS SHOWN ON RECORD OF SURVEY NO. 10774, RECORDED OCTOBER 30, 1986 AS FILE NO. 86-494180, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE ALONG THE EASTERLY LINE OF SAID SECTION 22, NORTH 00 033'25" EAST, 1634.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE, SOUTH 89 046'56" WEST, 678.27 FEET; THENCE SOUTH 44018'06" WEST, 124.45 FEET; THENCE SOUTH 89 018'06" WEST, 566.00 FEET; THENCE NORTH 19 052'40" EAST, 92.87 FEET; THENCE NORTH 45 010'21" WEST, 54.44 FEET; 1177466 PAGE 35 t---~ TICOR Tilfe INS·URANCe-·""'!'!~----- 1 THENCE NORTH 13°28'04" EAST, 60.92 FEET; THENCE NORTH 00°22'40" WEST, 320.06 FEET; THENCE NORTH 12°18'08" WEST, 92.73 FEET; THENCE NORTH 50°59'09" EAST, 201.72 FEET; THENCE NORTH 14°03'08" WEST, 251.61 FEET TO A POINT ON THE NORTHERLY LINE OF SAID RECORD OF SURVEY NO. 10774; THENCE SOUTH 89°28'30" EAST, 322.59 FEET; THENCE LEAVING SAID NORTHERL Y LINE SOUTH 00 ° 43' 00" EAS T, 121. 77 FEE T; THENCE SOUTH 49°41'33" WEST, 50.16 FEET; THENCE SOUTH 10°13'08" WEST, 45.76 FEET; THENCE SOUTH 34°30'47" EAST, 34.62 FEET; THENCE SOUTH 62°22'17" EAST, 25.68 FEET; THENCE SOUTH 19°35'24" WEST, 109.22 FEET; THENCE NORTH 75°32'32" EAST, 110.78 FEET; THENCE NORTH 35°50'10" EAST, 100.96 FEET; THENCE SOUTH 82°53'54" EAST, 31.50 FEET; THENCE NORTH 56°01'44" EAST, 225.45 FEET; THENCE NORTH 43°54'35" EAST, 93.91 FEET; THENCE NORTH 73°18'15" EAST, 133.63 FEET TO A POINT ON THE NORTHERLY LINE OF SAID RECORD OF SURVEY NO. 10774, THENCE ALONG SAID NORTHERLY LINE, SOUTH 89°28'30" EAST, 135.92 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 52°45'54" EAST, 325.96 FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION 22; THENCE ALONG SAID EASTERLY LINE, SOUTH 00°33'25" WEST, 661.79 FEET TO THE TRUE POINT OF BEGINNING. PARCEL M: THOSE PORTIONS OF THE SOUTH ONE HALF OF THE SOUTH ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOGETHER WITH A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH ONE HALF OF THE SOUTH ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE ALONG THE EASTERLY LINE THEREOF, SOUTH 00°21'21" EAST 293.56 FEET TO A POINT ON A NON-TANGENT 1151.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 04°10'50" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF ; 39°32'20" A DISTANCE OF 794.28 FEET TO THE BEGINNING OF A REVERSE ! ~~;~gl~g9TE:~~~U~H~~~~E~E~~~~t~EA~g~~H~:~~'CeR~~D~~~0~~~EAB~~~~R~rUTH Ii ANGLE OF 87°33 110" A DISTANCE OF 30.56 FEET; THENCE TANGENT TO SAID CURVE, NORTH 46°10 100" WESt 95.89 FEET TO THE BEGINNING OF A TANGENT 430.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°46 100" A DISTANCE OF 73.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 55°56'00" WEST 416.30 FEET TO THE BEGINNING OF A TANGENT 320.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55°13 138" A DISTANCE OF 308.45 FEET; THENCE TANGENT TO SAID CURVE, NORTH 00°42122" WEST 18.83 FEET TO THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE TO AND ALONG SAID NORTHERLY LINE, SOUTH 89°19 114" EAST 1349.44 FEET TO THE POINT OF BEGINNING. 1177466 PAGE 36 ~--(jD TICOR TITe: IN5URANCE--------------- EXHIBIT A Printed Policy Exceptions and Exclusions ALTA RESI DENTIAL POLICY (6-1-87) The Exclusions and the Exceptions of the ALTA Residential Policy form recite that you are not insured against loss. costs. attorneys' fees. and expenses resultong from: Exclusions 1 Governmental police power. and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning • land use improvements on the lanp land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2 The right to take the land by condemning it. unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3 Title Risks: • that are. created. allowed. or agreed to by you • that are known to you. but not to us, on the Policy Date--unless they appeared in the public records -that result in no loss to you • that first affect your title after the Policy Date·-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4 Failure to pay value for your title. S Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A . or • in streets. alleys. or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Stand a rd Exceptions (a) Any rights. interests or claims of parties in possession of the land not shown by the public records. (b) Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of the Covered Title Risks. (c) 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. (d) Any water rights, claims or title to water on or under the land. ALTA LOAN POLICY (10-21-87) WITH ALTA INDORSEMENT FORM 1 COVERAGE The Exclusions from Coverage of the ALTA Loan Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage. costs. attorneys' fees or expenses which arise by reason of: 1 (a) Any law. ordinance· or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating. prohibiting or relating to (i)the occupancy, use, or enjoyment of the land: (ii)the character. dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection. or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged Violation affecting the land has been recorded In the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy. but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3 Defects, liens, encumbrances, adverse claims or other matters: (a) created. suffered, assumed or agreed to by the insured claimant; (b) not known tQ the Company. not recorded in the public records at Date of Policy. but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) reSUlting in no loss or damage to the insured claimant; . (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material, or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy. or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. S Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6 Any statutory lien for services, labor or materials (or the claim 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. 1177466 PAGE 37 (continued on next page) ~-~ TICOR TIT!e IN5URANCe~.~----- ~. .' CL TA STANDARD COVERAGE POLICY ·1988 ~ Tit", Exclusions from Coverage of the CLTA Standard Coverage Policy form recites that 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 whlch.anse 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 locallon o.f any improvement now or hereafter erected on the land: (iii) a separation in ownership or a change In the dimensIOns or area of the land or any parcel of which the land is or was a part: or (iv) environmental protection. or the effect of any violation of these laws. ordinances or governmental regulations. except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy. but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. -3. Defects. liens. encumbrances. adverse claims or other matters: (a) 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. Unenforceabllity of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy. or the inability or failure of any subsequent owner of the indebtedness. to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or un enforceability 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. Schedule B of the CLTA Standard Coverage Policy form recites that 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: Part I 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 under (a).(b) or (c) are shown by the public records. 6. Any facts. rights. interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 7. The effect of any failure to comply with the terms. covenants and conditions of the lease or leases described or referred to in Schedule A. ALTA OWNER'S POLICY (10-21·87) The Exclusions from Coverage of the ALTA Owner's Policy form recites that the following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage. costs. attorneys' fees or expenses which arise by reason of: 1. (a) Any law. ordinance or governmental regulation (Including but not limited to building and zoning laws. ordinances, or regulations) restricting. regulating. prohibiting or relating to (i) the occupancy. use. or enjoyment of the land; (ii) the character. dimensions or location of any Improvement now or hereafter erected on the land; (Iii) a separation in ownerShip or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection. or the effect of any violation of these laws. ordinances or governmental regulations. except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not eXCluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy. but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects. liens. encumbrances. adverse claims or other matters: (a) created. SUffered. assumed or agreed to by the insured claimant; (b) not known to the Company. not recorded in the public records at Date of PoliCy. but known to the insured 'claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; 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. Principal Office: 6300 Wilshire Boulevard. P.O. Box 92792. Los Angeles. California 90009 1177466 PAGE 38 POOR QUALITY ORIGINAL (5) --=1 CITY OF CARLSBAD - 1200 ELM;...,. .. ENUE 'CARLSBAD, CALlFO ... ,/IA 92008 438·5621 " REC'D FROM_.....:.-/-=-,l-=--I){~Il/_· 'uJ-=--?C-.; _________ DATE /-o?LJ-9u ACCOUNT NO. RECEIPT NO. 2863 01/24/90 0001 01 02 DESCRIPTION ./ ,<: ;_.·b j~/Aj-' {:J Ja F\ (2P,U/((}!dLI'/{ I- PFF TOTAL AMOUNT I IOO(): -- I dUO:- II 11 I II 7 (1;J.O: -I' • • DISCLOSURE FORM APPLICANT: Aviara Land Associates Limited Partnership AGENT: MEMBERS: Name (individual, partn~rship, joint venture, corporation, syndication) 2011 Palomar Airport Road, Suite 206, Car1svad, CA 92009 Business Address . 619/93l-l190 Telephone Number Aviara Land Associates Limited Partnerhip Name 2011 Palomar Airport Road, Suite 206, Carlsbad, CA 92009 Business Address 619/931-1190 Telephone Numb~r Name (individual, partner, joint venture, corporation, syndication) Business Address Telephone Number Name Business Address Telephone Number Home Address Telephone Number Home Address Telephone Number (Attach more sheets if necessary) I/We understand that if this project is located in the Coastal Zone, I/we will apply for Coastal Commission Approval prior to devp.Jopment. IIWe acknowledge that 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. I/We consent to entry for this purpose. I/We declare under penalty of perjury that the information contained in this oisclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. D.L. Clemens /Vice President Mas4lf Plan Amendment RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorder's use Parcel No. ____________ _ AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into thi s 17 day of January ........--.. by and between Aviara Land Associates Limited Partnership (Name of Developer-Owner) 19 90 a-::--_P_a_r_t-:-n:-e_r_s~h=-i..:;;p-:--_-:-:-_---:----: __ , her e ina ft e r re f erred to as" De vel 0 per" (Corporation, Partnership, etc.) whose address is 2011 Palomar Airport Road, Suite 206, Carlsbad, CA 92009 (Street) (City, State, Zip Code) and the CITY OF 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 this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: REV 3-1-88 (j) • • on said Property, which development carries the proposed name of ------ Aviara and is hereinafter referred as "Development"; and WHEREAS, Developer fi 1 ed on the 17th day of January , 19 9 0 , with the City a request for A Master Plan Amendment to revise use descriptions of Aviara golf clubhouse, sports complex and hotel 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 deve 1 opment wi 11 be avail ab 1 e concurrent wi th need or such development shall not be approved (said element is on· file with the City Clerk and js incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 28, 1987, on 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 acconvnodate 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 ~il1 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 publ;' facil ities fee. REV 3-1-88 2 • 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 3.5% 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 of existing building or structures into condominiums in an amount not to exceed 3.5% 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 Chapt~r 21.47 of the Carlsbad Municipal Code. Condominium shall include conrnunity apartment or stock cooperative. The terms "other construction permits", "other construction permit" and entitlement of use" as used in this agreement, e~cept in reference to mobile home 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 of occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $1,150 for each mobile home space to be constructed pursuant to the request. The fee shall be paid pri or 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 Municipal Code. REV 3-1-88 3 • 2. The Developer may offer to donate a site or sites for public 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 pub 1 i c 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 this agreement. Sites donated under this 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 wi~h the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or 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 pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facil ities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provi de upon request reasonable assurances to en~b 1 e Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and service sufficient to accommodate the needs -'" to the Development herein described. REV 3-1-88 4 -~ • 6. All obl igations hereunder shall terminate in the event the Requests made by Developers are not approved. 7. Any notice from one party to the other shall 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 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 by 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 attention of the City Manager, postage prepaid and certified. 7.2 I f not ice gi ven to Developer by personal deli very thereof to Developer or by depositing the 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 ensure to the benefit of, and shall apply to the respective successors and assigns of Developer and the City, and references to Developer City herein shall be deemed to be references 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. Th is agreement shall be recorded but shall not create ali en or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. REV 3-1-88 5 • IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Aviara Land Associates Limited Part erhip (na e) By: (Ti tl e) Vice President/General Manager By: (Titl e) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney CITY OF CARLSBAD, a municipal corporation of the State of Cal Hornia By: MARTIN ORENYAK For City Manager (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) REV 3-1-88 6 • • STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On , b~day of J'o.vwt\{1' 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared D. L. Clemens, personally know to me to be the person who executed the within instrument as the Vice President of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. e-. OFFICiAl SEAL • DEBORAH POWELL NOTARY PUBUc.eAUFORNIA PRINCIPAL 0Ff1C£ Iii SAN DIEGO COIIItlY lIJ CoIMliulaa Up. ,..... .. 1m ~bmb. Vk0 clf1 OTARY PUBLIC • • LEGAL DESCRIPTION THE~LAND REFeRRED TO HEREIN IS SITUATEQ IN THE STATE OF CALIFORNIA. COUNTY OF SAN DIEGO. AND IS DESCRIBED AS FOLLOWS: THOSE PORTIONS OF SECTIONS 22, 26. 27, 28. 33. AND 34 ALL IN TOWNSHIP 12 SOUTH. RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCOROING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 34 AS SHOWN ON RECORD OF SURVEY MAP NO. 10774 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 30, 1986 AS FILE NO. 86-494180; THENCE ALONG THE EASTERLY LINE OF SAID SECTION, SOUTH 00°32'01" WEST 426.75 FEET; THENCE LEAVING SAID EASTERLY LINE, THE FOLLOWING COURSES: NORTH 83°55'00" WEST 164.81 FEET; SOUTH 51°22'00" WEST 518.00 FEET; SOUTH 67°22'00" WEST 140.00 FEET; SOUTH 60°44'00" WEST 295.00 FEET; SOUTH 39°25'00" EAST 163.00 FEET; SOUTH 21°11'00" WEST 214.00 FEET; SOUTH 49°15'00" WEST 119.00 FEET; NORTH 89°45'00" WEST 186.00 FEET; NORTH ,58°00'00" WEST 132.00 FEET; NORTH 72°30'00" WEST 187.00 FEET; NORTH 05°14'00" EAST 201.00 FEET; NORTH 51°53'00" WEST 63.00 FEET; NORTH 74°45'00" WEst 193.00 FEET; NORTH 89°42'00" WEST 218.00 FEET; SOUTH 59°00'00" WEST 156.00 FEET; NORTH 75°10'00" WEST 113.00 FEET; SOUTH 22°30'00" WEST 88.00 FEET; SOUTH 81°22'00" WEST 57.00 FEET; SOUTH 61°54'00" WEST 195.00 FEET; NORTH 82°00'00" WEST 114.00 FEET; NORTH 89°00'00" WEST 120.00 FEET; SOUTH 01°00'00" EAST 36.00 FEET; SOUTH 62°50'00" W'EST 318.00 FEET; SOUTH 28°00'00" EAST 35.00 FEET; SOUTH 54°10'00" WEST 148.00 FEET; SOUTH 79°35'00" WEST 155.00 FEET; NORTH 54°10'00" WEST 370.00 FEET; NORTH 74°30'00" WEST 86.00 FEET; NORTH 35°30'00" WEST 141.00 FEET; NORTH 11°10'00" EAST 110.00 FEET; NORTH 20°30'00" WEST 128.00 FEET; NORTH 85°00'00" WEST 71.00 FEET; SOUTH 25°30'00" WEST 223.00 FEET; SOUTH 10°45'00" EAST 53.00 FEET; SOUTH 33°30'00" WEST 146.00 FEET; SOUTH 55°30'00" WEST 52.00 FEET; SOUTH 77°30'00" WEST 358.00 FEET; SOUTH 55°10'00" WEST 167.00 FEET; SOUTH 75°58'00" WEST 42.00 FEET; NORTH 83°5~'OO" WEST 117.00 FEET; NORTH 73°50'00" WEST 99.00 FEET; NORTH 79°50'00" WEST 147.00 FEET; NORTH 74°10'00" WEST 190.00 FEET; NORTH 68°56'02" WEST 346.00 FEET; NORTH 73°16'26" WEST 174.03 FEET; NORTH 84°00'00" WEST 124.00 FEET; SOUTH 78°00'00" WEST 447.00 FEET; NORTH 83°00'00" WEST 123.73 FEET TO THE BOUNDARY LINE OF SAID RECORD OF SURVEY MAP; THENCE ALONG SAID BOUNDARY LINE, THE FOLLOWING COURSES: NORTH 32°17'46" WEST 561.66 FEET; NORTH 69°15'21" WEST 228.23 FEET; NORTH 00°43'21" WEST 788.21 FEET; NORTH 00°30'45" EAST 1357.73 FEET; SOUTH 89°08'32" EAST 1358.19 FEET; NORTH 23°18'51" EAST 156.92 FEET; SOUTH 83°50'41" EAST 182.99 FEET; NORTH 63°51'06" EAST 118.55 FEET; NORTH 46°13'35" EAST 66.99 FEET; NORTH 21°20'05" EAST 79.07 FEET; NORTH 14°41'15" WEST 271.95 FEET; NORTH 26°25'20" WEST 112.93 FEET; NORTH 44°11'08" WEST 189.02 FEET; NORTH 36°54'21" WEST 80.99 FEET; NORTH 17°22'08" WEST 96.53 FEET; NORTH 07°57'57" WEST 108.47 FEET; NORTH 03°51'41" EAST 180.95 FEET; NORTH 35°35'33" WEST 142.04 FEET; NORTH 00°34'18" EAST 2716.14 FEET; SOUTH 86°58'38" EAST 1318.67 FEET; NORTH 01°49'19" WEST 331.07 FEET; SOUTH 86°57'12" EAST 660.57 FEET; SOUTH 01°36'47" EAST 330.69 FEET; SOUTH 00°06'50" WEST 1340.75 FEET; SOUTH 87°30'08" EAST 662.65 FEET; SOUTH 87°32'14" EAST 662.56 FEET; NORTH 00°12'09" WEST 1328.52 FEET; SOUTH 86°58'17" EAST 659.12 FEET; NORTH 00°41'54" WEST 2434.07 FEET; SOUTH 89°28'30" EAST 1370.33 FEET; REV 3-1-88 7 EXHIBIT "A" LEGAL DESCRIPTION -Continued SOUTH 00°33'25" WEST 2491.10 FEET; SOUTH 00°42'22" EAST 2294.99 FEET; SOUTH 89°19'14" EAST 1334.44 FEET; SOUTH 00°21'21" EAST 328.99 FEET; SOUTH 89°16'26" EAST 252.98 FEET; SOUTH 00°43'19" WEST 392.93 FEET; SOUTH 89°16'42" EAST 299.95 FEET; SOUTH 25°48'10" EAST 163.03 FEET; SOUTH 44°39'44" WEST 109.07 FEET; SOUTH 40°51'44" WEST 501.68 FEET; SOUTH 38°15'14" WEST 136.45 FEET; SOUTH 08°46'19" WEST 168.00 FEET; SOUTH 24°07'12" WEST 174.68 FEET; SOUTH 15°13'1S" EAST 128.95 FEET; SOUTH 48°19'47" EAST 507.55 FEET; SOUTH 24°29'17" EAST 825.89 FEET; NORTH 88°48'10" WEST 770.87 FEET; NORTH 00°22'48" WEST 658.36 FEET; NORTH 88°55'25" WEST 1321.10 FEET; AND SOUTH 00°42'22" EAST 655.68 FEET TO THE POINT OF BEGINNING • . . .... " . ,', .. " ',' 8 .' 0 t; ... , ., <'; " FOUR SEASONS Av.rAH?l.J~}~H!.lllt t ... '.:.~, .. t.'!JU.StlAn, .,r~A.L~(FORNIA DESIGN BRl.m:" ... i\N D" III Jr ltNt~EQ,..;.~!itt.hHJ~A. All areas are net:. Mill OJH,).I.'Ud(~ circ\.l.I.f,~tion _______ , __ .J~.l'lll:· ~~ _".',... ._"" .. " .... __ NOVEMD18~ ... ~, 19 B 9 (J) ,', \ ,~ '. \~ , SECTION 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. FOUR SEASONS Avr~R~, .. UI;;pnr~,1~', :':·" .. .£.?LRf.,Sl~~~.f ".J~~rFORNIA DES IGN Bl~1:I~,t, .. !VB' t!.l.l 1'11H~.~r~mfL£lt:rJ$. Rll\ t J N Il!,~ ~~, ..III m.Wt' SECTION INTRODUCTION HOTEL AND GARDEN WING ACCESS' GUESTROOMS VERTICAL TRANSPCHt'tl\tr.ON PUBLIC FOOD AND BEVERAGE AREAS CONFERENCE, ME:E'I'TNQ & BANQUET AREAS RETAIL PAGE t 1 2 3 13 13 18 22 HEALTH, FITNESS AND RECREATION FACILITIES 22 CHILDREN'S ACTIVITIES 24 LOBBY, FRONT DESK AND RELATED AREAS 25 ADMINISTRATION 27 ACCOUNTING 28 FOOD AND BEVERAGE BACK OF HOUSE 29 TRUCK DOCK AREA 34 HOUSEKEEPING 34 PERSONNEL 35 SECURITY 36 STAFF FACILITIES 36 REPAIRS AND MAIN'J1BNl\NCE 37 CONFERENCE/BANQUWr !lACK OF HOUSE) 37 GARDEN WING Sl~lW rf:/ll nl.lILDING 38 " ; ( 2 ) 2. HOTEL AND GARDEN WING A<;_~ a) The hotel vehicular arrival area must be completely separate from that of the other parts of the develop- ment in order to preserve the quiet and exclusivity of a luxury hotel and resort. The driveway should be at least twenty five feet wide, and include a porte cochere at least forty feet long covering at least two traffic lanes. b) The sidewalk should be at least fifteen feet wide at the main entrance doors and not less than ten feet wide elsewhere, with direct access to the luggage store, service elevators and valet parking office c) A substantial number of parking spaces will be required to suit the requirements of the banquet and food and beverage facilities and week-end guests from Los Angeles and San Diego. Valet parking will be available. Fast valet access and exit from the parking area -both with and without cars -is mandatory in order to provide an acceptable speed of service d) 40 Car holding spaces will be required adjacent to the main entrance for valet parkers at peak hours. Space for two hotel airport buses is also necessary e) Electric carts will be used to transport guests and their luggage from the main lobby to the cottages. An area of 400 sq.ft. should be provided near the port cochere for parking/charging. It should be concealed from the view of arriving guests f) Truck receiving facilities for two trucks. Truck access should be completely separate from guest access and concealed from guest view. Garbage pick-up will be adjacent to the truck dock and concealed from guest view and hearing (I) 3. GUESTROOMS a) Main Building (i) General (a) Each guestroom floor should include one ice disp- ensing machino pn r 24 rooms. 'rhe ice machine should be in a !Hlpfij::'i,lte room (approximate size 4'0" x 8'0") with direct access from the guest corridor. (b) Each gues troom floor should include one maids' room of approximately 150 sq.ft. directly off the service elevator. lobby (c) Maids' carts will not be used, except small carts for turndown sorvice. Therefore, additional maids' storage cloSots of approximately 75sq.ft. will be required on each floor on the basis of one closet per 24 rooms or less (d) Service elevator lobby must be not less than 8' 0" wide and must contain a janitor's sink and access to the laundry chute (e) Corridors should be 5' 6" wide with one foot recess at guestroom entrances, to create foyers 7' 6" wide. Corridor design will include arches or similar to holp create foye'):"s and break-up apparent length or dorridors (f) Passenger elevator foyers should be ten feet wide. (g) Dirty linen holding room at bottom of linen chute -200 sq.ft. (ii) Bedrooms (a) The typical bedroom will have fl clear width of 14' 4" and a CIOl'll: :I.~ngth of not J,.ess than 19' 2" from exterior wll.11 t.o bathroom YlE~J.~ •• (4 ) 3. GUESTROOMS a) Main Building (ii) Bedrooms (continued) (b) Closet 7' 0" long (with three two feet wide doors) containing 2' 0" wide shelving unit with four shelves and built-in safe (c) T.V. to be concealed in armoire, have hand held remote control nnd be able to receive as many channels as ponoLble. Consideration must be given to instulll.r\(J a satellite dish to ensure excellent reception and channel selection if cable T.V. is not available. VCR to be connected to T.V. Videos available from concierge (d) Telephones to be located at desk/activity table and night table (e) Central guestroom sound system to be provided wi th volume cOllt~:()l and channel selection switches adjacent to the night table and a high quality speaker cuncealed in tho room (f) Twice-daily maid Aorvice (g) Dressing areas W .lI:h Hltlke~'up counter are required in all Four Seanona rooms and au i te master bed- rooms (h) Ceiling height. w Ill. ~Jf3 a' 6" with a' 0" in foyers and bathroOTlln til N':Ji.H::nt\moqate tnUtnbing and air- conditionin~1 vnfll(lid. l:an coil qh:tt. (i) Sliding dom: .1.1'1 (\ 1.1 tnnms (j) Mini bar, oompl'lllll'1t/ built ... iIi llJt:rigerator with ice maker, count",. r.l1l~'l stora9c uholves above (k) Additional tel.opllnlHl t)U t1et for ~:(\Cs imi1e machine or PC at desk (un i t;fl Ilvailab1e J:i:om concierge) (1) Illuminated door brdl ( 5 ) 3. GUESTROOMS a) ~ain Building (ii) Bedrooms (continued) (m) Double beds arc ~~H wide x 80" long. It is essential that wllnn dnsignl.ng rc)orns with two double beds (DO) tho bedroom layout does not create the imprssoion of being uall bed". Creative room layouts will therefore be required which must be connldered when dasigning the architectur/ll ()f. Illtl /I\.lilding. :1:1: a typical layout of room \.11 1"(Hli.d.red by tJ'H:i building archi tecturo t .. \ t ,,/, .. 11 l"\~ec1 to h1l 1;(1\ a clear length of not leSB Lllflll J I. . 1.)'1 ~rdm d~\:f.)l'.I.ot· wall to bathroom wall (n) Gas burning flrof1lnona should bo included in the living room of n.\ I t'i"Q!:lidential and upper floor Four Seasono Hu 1.1. n II (0) All rooms will hl'IVI) ~lJ.iding, opElt'a.ble louvre panels in lieu of d':'fll?es to emphasise the Southern Californ.tMI, resort imago of the property (p) The special suite nnd other suites should, where possible, be locn I:nr.l t:o obtain the benef it of the finest views (q) One bedroom Buito Llving room to include powder room with we, vanity and shower, a built-in wet bar and a clothes closet (r) Two bedroom suite nod special suite living rooms to include pOWc101~ ,'I)Ort\ with we, shower and vanity, clothes OlOf:H:d:, built-in wet bar and pantry with refrignrator and sink. Pantry to have direct accas" f~om guestroom corridor (s) 34 sets connecting doors including Club floor to connect: t. " 3. GUESTROOMS a) Main Building (ii) Bedrooms (continued) 20 -20 sets of standard bedrooms (total 40 rooms) 15 king to king, n king to DD 5 -living room of OIiU J..)C)droom suite to superior king bedroom 7 -one bedroom suite to handicap room 2.-handicap room to handicap room (t) Provide sofa bed 11"\ 20% of standard rooms, 50% of Four Seasons rooms nnd ~ll one bedroom suite living rooms (iii) Bathrooms (a) Bathrooms will be large (approximately 130 sq. ft.) and must include soaking tub, we in separate room, separate glazed shower stall and large vanity with two basins (b) There should be adequate space for towels (4 bath and 2 hand) and guests I cosmetics and toiletries etc. (shelves, if noa~osary) (c) Hair dryer and TV outlet (d) Excellent lighting and mirrors for shaving and make-up. Vanity mirror and full length mirror (on door) to be arranged so that guests can see their backs. (e) Illuminated make-up mirror (f) Amenities will inclIHi(-:\ shampoo, skin lotion, bath gal, Q-tips, suntan lotion (g) .Terry bathrobe (h) Telephone in we room hair conditioner, cotton balls and (J). I. '" ( ., ) 3. GUESTROOMS a) Main Building (continued) (iv) Lanais Qty. 257 43 11 2 1 1 Each guestroom should have a private lanai not less than 6' 0" wide. All guestrooms at ground level should have 12'0" wide, private, landscaped terraces. Each lanai and terrace should include n duplex outlet. Sui te lanais should also include a tel~phone jack. (v) Room Mix' Guestrooms in Main Building including Club Floor Type of Room Standard bedroom (193 kiny 64 DO) Four Seasons room comprialll\,) king bedroom separat:ed frol\'l small living room by PUil: oL doors One bedroom suite comprising king bedroom separatod f,."!)iU large living room by J?n.l.r fIt doors Two bedroom su i te (101'1'1;)'1: I tI I t1~j two king bedrooms connool IIIU to one, two module livinu Il)1l1Jl Two bedroom suite cOlllpri1.1il\~1 1:)£ one king and one DO badrclI'.1I11j connecting to one, two modqlo livingroom Special suite comprising king master bedroom, three module living and dining room and DO second bedroom connected \.11 another king bedroom Modules Per ROOOl ~"",- 1 1 l/~ 2 4 4 6 Total Total Modules Keys 257 257 64 1/2 43 22 11 8 4 8 4 6 3 , . ~ !. , ( 8 ) 3. GUESTROOMS a) Main Building 1 (v)' Room Mix (continued) Type of Room Club floor guest lounOA Qnd pantry. Modules Per Roo!!! Total Total Modules Keys 3 364 1/2 320 (vi) Four Seasons Club ~:~gJ~ Ud.IJhest guetll'.n)om floor) (a) General A number of hotolll nllW offer spe(~ial or concierge floors. It is mOH" :1.lhportant that the Four Seasons' Club lounga ~nd floor is better designed and able to offer better services than these others to truly make our Club Floor an especially memorable experienco and really justify the room rate premiums. Design criteria (01: hYPlcal guestroom floors apply equally to the Cl ul.. l~i.1QQr with the addition of the following: (i) Room quantities are includeq in Main Building Room Mix (ii) Due to the quantity of roomS required they may have to bo located on more than one floor (iii) 10 sets connol)ting doors included in Main Building total to connect: 7 -Standard room to standard room (5 king to king, 2 king to DD) 2 -Living room of one bedroom suite to standard king bedroom 1 -Standard room to handicap room I' " (9 ) 3. GUESTROOMS '1 a) Main Building (vi) ~our Seasons Club Floor (a) General (continuod) (iv) Upgraded ~Ul\t')1I1.1~:ll:;!s will be provided in the guest bathrOCHIII:i (v) Provide CD Player & Audio Cassette Player in armoire in addition to VCR (b) Lounge (i) The lounge ohould be designed as a quiet residential utyle lounge where Club floor guests may enjoy the following complimentary services: (a) Continental breakfast (b) Evening cocktails and hors d'oeuvres (c) Pre-registered check-in and check-out (ii) The followinq I.Wa:tgn features are required as a minimum: (a) Pantry, with direct access from guestroom corridor and lounge, to include large refrigerator, dishwasher, domestic stove, microwave, ice maker, sink, counter space and cabinots.Approximately 200 sq.ft. (b) Reception f.\~oa with reoeption desk for full-time attendant with computer capacity 'fClt' check-in and check-out of pre-reg is t:nr,':)(:l guests. Outlet for fax machine. ... (c) Decorativu ulorage/dispiay unit for sel- ection of international magazines and newspaperfJ (d) Seating for 15 to 20 people ,. '/ (10 ) 3. GUESTROOMS a) Main Building (vi) Four Seasons Club Floor (b) Lounge (continued) (e) 26" T.V. with VCR (f) Telescope with tripod (g) Fireplace (gas) (h) Powder room with WC and vanity (i) Extra large Lanais (j) Ceiling fans (k) Small upright piano (e) Club Floor R~Lt1J It: I Guest Loun£F~ 60 Standard bOllul(1I1\ (541<, 6DD) 13 Four Seasol'w I:O( 1111 comprising kin~l IItH!I'" room separa tod r I 11111 small livingroClJII IIy pair of door.o . 4 One bedroom suito comprising king lH1Ci'" room separated from large livingroom by pair of doors Modules Per Room 1.5. 2 Total Total Modules Keys 3 60 60 19 1/2 13 8 4 90 1/2 77 3. GUESTROOMS (continued) b) Garden Wing (i) General (11 ) (a) One hundred and t:.hirty guestrooms will be arranged in two 111111 1',l)ree storey buildings on the tableland of t llil 1":1 dge f adjacif~('lt to the main ,~otel buildinq. 1<'ldl'\ huilding nhQqld be designed In a way I hI''' hrr.LUdQ$ j:\ (ltllet, private courtyard. '1'110 1IIII.IdJngs should be located on ~he east of: thn t I dqn t.o tukQ r.:I!;\vantage of the best views. A nw 11111111110 pool 01:011 with restaurant and bar shoul(] /)11 dUl,ioloped at, obput the centre of the ridgo fno 1111,t tHlst: with I'lvoctacular views of the golf COlli I~W and qist/irlt hills. The restaurant build.i 11\1 w,lll includo a back of house service area for I:hr) garden bl.lildings and the restaurant kitcholl \'1/1.11 also provtde room service to these buildingu (b) Design criteria for typical guestroom floors will apply equaly to tho Garden buildings. (c) Each building should include: (i) One passengor elovator -25QO lbs x 150 ft. per minute. (ii) One service elevator -2500 lbs x 150 ft. per minute. (iii) Service elova tor foyer with laundry chute, janitors sink ond maid's room of approximat- ely 100 sq.ft. Ground floor service elevator foyer will hetv':l dirty linen holding room of approximately 75 sq.ft. and separate entrance from the exterior. (iv) Ice machine adjacent to ground floor passeng- er elevator foyer. (v) Private landscaped courtyard with large whir- lpool and chaise lounge area. Whirlpool to be designed with separated seating areas for two and thron people. Small, residential round whirlpools would not be acceptable. ". 3. GUESTROOMS " b) Garden Wing (i) General (continued) (d) 10 sets of conm·)ct..t ng doors to connect: 7 -Standard room to standard room (4 King to DD, 3 King to King) 1 -One bedroom au.! l~ll living room to king bedroom 2 . -Two bedroom su I t:e to DD bedroom (e) Gas burning fireplaces should be included in upper level living rooms of all Four Seasons rooms and suites. (f) Landscaping is a key ingredient in the design of the Garden wing and must be used extensively for privacy and to create interesting walkways between the cottages and the main hotel building. Light- ing must be particularly well designed. (g) The swimming pool ohtluld be approximately 1800 sq.ft. with a largo adjacent whirlpool. The criteria for the design of this pool area will be the same as for the main hotel pool. (h) For the design criteria for the restaurant & bar and service building, see items 5(h), 13(i) and 21. .. • . -~ , (13 ) 3. GUESTROOMS b) Garden Wing (continued) (ii) Garden Wing Room Mix 98 'Standard room (78 KK, 20 DD) 17 Four Seasons room comprising king bedroom 'connected to small living room by pair of doors 6 ; One bedroom suite comprising king bedroom connected to ono '. module living room by pair of . doors 3 . Two bedroom suite comprising two king bedrooms connected to one, two module living room 1 Special cottage comprising kj IItl master bedroom, three moduli! living and dining room with pantry, wet bar, powd~r ['(Will and "break-out" room, king second bedroom and a th i 17d king bedroom Modules Total Total Per room Modules Keys 1 98 98 1.5 25 1/2 17 2 12 6 4 12 6 8 8 5 153 1/2 130 ':"-'tH._\0.1 .. ' •.• ,....' ____ _ , , 'j. (l~ ) 4. VERTICAL TRANSPORTATION a) Three passenger elevatoro ilL :3,500 Ibs ;t 400 fpm serving all public floors. l\c:coss to tho Four Seasons Clu? floor will be by key only. b) If the public areas arc nrt.'i.H1ged on more l::han one level, they should be connectorl II\" n ~-1rand $taie, The staircase should be centrally lONI! 11.:1., t:!J.cal':j,y v:ll;q,ble to guests, and attractively deAl(/nt'ld I'f un()ourage ~JtII::tHl: use. c) Two service eleval:.<:>l:."1.l 11t: 11,1.1111.1 :iba ~ 4<J1I rpm serving all floors with service {WOO/Hl 11"1/11 main anLj:tHltlEJ driveway for guest luggage. If tll.lll fll)('!IHls 1.13 not: available an additional luggage olcvnl:or w.l.~.1. b~ requl ri:)rl d) One service elevator at 4 j UOO J,bs x 12~ ~:pm serving the main back of house levols lIlt:!.Y e) Grand stair between main PlJld . .l.r.: floors f) Exit stairs must be designed to permit convenient staff access between all levels to minimise the use of elevators g) Elevator requirements to ho reviewed by consultant to ensure they comply wi th FOllr :3pasons' stqndards 5. PUBLIC FOOD AND BEVERAGE AREAS a) General (i) The speciality reotDucant with 12-seat private dining room will be located in the Garden Wing, serving three meals a day. (ii) The main dining room with 12-seat private dining room will serve dinner only. A concept will be created that sets the dining room apart from other hotel dining rooms, while offering the highest quality of food and beverage service, and gives it a recognised identity of its own. (iii) The cafe will serve breakfast, lunch and dinner featuring an impressive, but quick, buffet breakfast and lunch Monday through Friday, and a spectacular brunch on Sundays to Bot lafy the requiraments of groups and the resort market (iv) All food and beverage areas must be oriented to maximise views of the gardens and lagoon , (is) 5. PUBLIC FOOD AND BEVERAGE AREAS a) General (continued) (v) Outdoor seating arean must have created by windscreens landscaping and adequate shade. Shade is preferable to umbrellas (vi) Provide 120 sq.ft. storer.oom/closet at entrance to dining room and cafe for limited coat check, storage and restaurant manager's work area. (vii) Washrooms should be very elegently designed. WC partitions will be full height drywall. Fixture count should be' minimum requ ired by Code. Women's washroom should include separate groom~ng area at entrance. Provide small janitor's closet (30 sq.ft.) at each group of washrooms (viii) Provide coat check as required by local climate (ix) Provide private telephone cubicle adjacent 'to dining rooms b) Main Dining Room 130 seats One private dining rooms each to seat 12 Predominantly plate service Fruit/dessert display cart in addition to a 1a carte dessert menu Fireplace More formal of the two dining rooms Capacity Sg.ft. 142 5,050 " ....... (16 ) 5. PUBLIC FOOD AND BEVERAGE AREAS (continued) c) Cafe Capacity Sg.ft. 140 Seats indoors, 40 outdoors 180 Informal dining Major buffet featured for breakfast and lunch (permanent buffet units, including refrigeration) d} Bar All outdoor seating to be shaded with awning or .landscapl.11g Special dinner menu as oh exciting, casual, altornative to speciality dining rooM Display kitchen 50 Seats Stand up area for 14 Stool bar for 6 Pantry of appro". ]!Hl "'I' f I.. 1 Large screen TV Shuffleboard Two pool tables, c1ar.ts, tll;.t!. A "fun" bar similar to tho Gqme Bar in the Four Seasons HotoL A Resort in Dallas _e) Lounge Bar 80 Seats Small stool bar wi th J III:.Dc)ls and one waitress pick-u~ station Pantry (350 sq.ft.) "Cocktail/drinking" stylI! s('tating Adjacent to lobby with spectacular sunset view Grand piano 83 70 4,200 (indoor) 800 (outdoor) '3OS'r/~ l/~~il.t O'L . 3,500 .,;---11) ~-;r'5OfT 2,750 (17 ) 5. PUBLIC FOOD AND BEVERAGE AREAS (cont.inued) ~al?~Fity S9·ft • f) Pool Bar 63 Seats Stool bar with 12 i:ltr.I(lIu Pantry/service bl.\l:'/ldLI11Ifln 400 sq.ft. Display cooking clonrly ~is1ble to guests to incr(~af.l() H\liltd~£1neous food sales. Outdoor bLlI:btlr,tue if permitted by local Coc1nl\~ Stage for outdoor entertainment (cocktail hour, sunset etc.) Emphasis on speciality (1t':I.ilks and fast service Windscreen if required Shade created by landscaping - low palms in lieu of umbrellas The location to be cal:oJ':\lJ..l~j chosen to maXlmlse visibility from pool area and viewn of sun- set g) Garden Wing Specialty Restaurant 70 seats indoors, 30 outdoors One private diningroom to seat 12 Informal dining Reception area Small stool bar with 3 stools and one waitress pick-up station 112 750 (under cover) 2, 250 ..::-10 ':.. '3'2 '$9" (indoor) ~~ 750 (outdoor) 70 .)., (18) 5. PUBLIC FOOD AND BEVERAGE ABEAn (oontinued) ..;....;;.~--'---'--~~~::;.;:;.;;=:::.-==-•. ,- 6. f) Garden Wing Specialty Restaurant -All outdoor seating to 1'10 sheltered and provided with windscreens -Outdoor fireplace to create special ambience for dinner. Banters and windscreen to be provided if necessary. -Located at pool area with both pool view and lagoon view. The restaurant is principally to serve the guests in the garden wing but it must also offer an interesting alternative to the reot(\llr.~nts in the main building, and attract res- idents from the surrounding areas. The kitchen and kitchen service bar will be used to provide food and beverage service to the pool area and room service to the Garden Wing. Provide minimal washrooms as required by code. CONFERENCE, MEETING AND BANQUE1' Al~NN3 ~~----:..--------....:::--.,~ .................... -- a) General ( i) The meeting/con£EI1~I.'Il'lnu ;1 r(iaS will providing the highof:ll.. IIi ."11 uf; s~rviQ~ art audio-visual r.f.wll.11. I.t'lll ~9t tho level meeting or coni:OI:'f//lI'f:I. Capacity Sq.ft. (indoor) 17,750 specialise in ~1I'ld state of the iHII1J.or executive (19 ) 6. CONFERENCE, MEETING AND BANQUET AREAS a) General (continued) (ii) The outdoor food and beverage activities are most important and every effort must be made to create landscaped areas to offer spaces for exceptional functions. Competition for these functions is a major consideration in resortD and it is very important that these are particularly wall designed at Four Seasons to take full advantage or the pool area, landscaping, lagoon view, etc. (iii) The meeting/banquet rooml:l will also offer the highest level of food and bOWl r.~ l;jC:~ service. to establish the hotel as the location 1:1 II" :1 rwentive gt'oqps and special functions Banquet style decor Predominantly French "nrulee for banquets with flexible menus Different tabl.e oot:.! 111'H I ;ttnpres$i\n~1 I.locor (flowers, mirrol:J:l, 11\.ld H.I.L,i'ba Iflv~dlnhl.e Personalised touch eOI 1.11 ~ SOCl.~lJ. ;E"ll'ltlt~i,ons ( i v) The deck area in tho v I iJ 1 n tty of the pool is an ex- cellent location for Coni.\ f:'lllr:\ beveragc) /leti vi ties such as cocktail parties, pd.vll\:{} f.unctions ~H~c. and must be designed to suit those I:Ht:\l,j l.rements intd,uding lighting, wind protection, adjelOlillL storage etc. A permanent outdoor barbeque is most ds"irable if permitted by local Codes (v) Special emphasis on inconl".i.ve group and resort activi- ties e.g. theme partieD, Hluat..ts" etc. (vi) Rear service access requ I'; (3d to all rooms where possible (vii) Provide windows and private terraces to meeting rooms where possible. Try and locate ballroom foyer so that it can be opened to the gardens -outdoor weddings, parties, dinners etc. '\ ... ' j 6. ( 2 () ) a) General (continued) (viii) Washrooms and COq\:. 0110,11, l'i5"il't\(I':;) to p~ t:!15I'lVeniently loc- ated to each area I l'I'II'/ldu f.3ep{lt"llte !]l~(.)oming area in women's washroom. PI:'()vltll'I ,1f1nitor's o.1.tmot (30 sq.ft.) at each group of WIlUllI:UtlIIlH (ix) Adequate foyer space fo~ 11trival, CQcktqil reception,co- ffee breaks etc. roqu i rod h II;' a,11 tooms t~nd amphi-thea t- reo Built in "coffoo 1I11.1t:.tons" should be provided in each main break out arOD. (x) Built-in T.V. monitoro wU:I. be used to advise guests on locations of meetings etc. (xi) Provide pay and house tolephones, in private cubicles where possible (xii) A separate meeting co-ord:t till tori service centre will be provided near the meetlll~1 rCHJmS to provide assistance to groups and arrange special requirements e.g. copying, labels, paper supplies, etc. It will be combined wi th the hotel business center. b) Conference/Meeting/Banqqot,~p~~~ -Ballroom with two operable partitions to divide room into halves and thirds. Ballroom foyer with built-in service bars (2) -Conference room with operable partition to divide room into halves. Adjacent to ballroom foyer. Foyer to have built- 'in service bar. -Conference room with aporable partition to divide room into halvos -Conference room of 2,300 sq. ft. with rear projection room -Conference room -Conference room 2 @ 1,500 Sg.ft. 12,000 4,600 4,000 2,500 2,300 1,800 3,000 , " (21) 6", CONFERENCE, MEETING AND BANQt1HT j\ftI~AS -.. I ......... -,.,'~ .... r- '. b) Conference/MeetingtD.i~.0!l~,'.Ht_J~ooms (continued) -Conference room -Conference room 5 @ 500 Permanen't boardroom to seat 16, with private foyer Amphitheatre of 2,000 sq.ft. with rear projection, front projection and A/V control room c) Business Centre/Meeting Co-ordinator's Service Centre i) There will be a privaLn business centre for the exclusive use oE registered hotel guests, particularly groups using the conference/meeting/banquet space. It will not only act as a service centre for busi- ness clientelle, but will also act as a base/work area for co-ordinators of major groups. ii) It should be located adjacent to the main area of meeting rooms !:l)r cO,nvenience of meeting planners and participants. The Centre will be open Mondav -Friday from 9: 00 am -5: 00 pm (or hll Igl~r as requir:ed by demand), and will of'j'~H':' t.he following services: -use of P.C. -mail -typing/transcription IHH'viqes -photocopying -courier -telex/facs ifni 1(1 I,) \' ['II -,equipment rent,d ,Iu, l'f;I,llntar phomll.ll dictaphones, few'J Lilli Iii inljl~hii1~'HJI at!.:". Sg.ft. 800 2,500 900 2,000 36,400 ,'. • t I • (22) 6. CONFERENCE, MEETING AND BANQUET AREAS c) Business Centre/Meeting Co-·ordinator's Service Centre (continued) iii) Storage/bookcase with business publications and periodicals, dictionaries, etc. iv) Small meeting room foe up to five people entered from the Bumlnoas Centre. v) The emphasis will bo on fast, efficient, accurate and courta0ud oervice. Sg.ft. 400 7. RETAIL Sundries and gift shop Unisex Beauty Salon 8. HEALTH, FITNESS AND RECREATION_>_~Jl~ll~ITIES (a) General 5,700 600 6,300 The master development incorporates a major health and fitness club for the use of local residents and their families. All adult hot:nl guests and ohildren will be pe.rmitted to use all tho o.1ub facilities. Due to the proximity to and abiU.tj' t() use this major facility, the hotel main builcHIl!,J will only include limited additional health facilitlus. 8. HEALTH, FITNESS AND RECREA'rIOf!)!'ACILITIES (continued) (b) Recreational Fac:i.~l.i~~Jpl! . Male: Lockers (30) Sauna Showers (2) and halt: dl Y:\IH1 Washrooms (WC's and ul.'ll1r.ll.I3) Lavs and grooming Massage Steam Room Circulation Female: Lockers (25) Sauna Showers (2) and hair drying Washrooms Lavs and grooming Massage Steam Room . Circulation Male and Female: Exercise Room Life Cycle Reception Sg.ft • 2 tn l:.H) 1!)0 150 '713 120 1 ~O 250 1,145 175 120 100 100 80 120 120 250 1,055 500 350 150 3,200 .; .. 8. HEALTH, FITNESS AND RE~~F.N!~l,;nL.FACILITIES (continued) (c) External Facilities(adjacent to pool) Sq.ft. Janitor's closet General Storeroom Washrooms -Mens -1 \~C f c) Outdoor· 2 urinal & 2 lays. -Womens - 3 we, & 2 lave 50 100 200 200 Sq.ft. 150 400 550 (i) Swimming pool of irr()ljular shape with an approximate area of 3,200 sq. ft. Children's shallow play pool with an area of approximately 800 sq.ft. (ii) Whirlpool of irregular shape with an approximate area of 250 sq. ft. (iii) The swimming pool shol.l1.<:l be unusual in shape and des- ign but also sui tabln ~or swimming laps. Underwater lighting and fountainn o~ waterfalls should be incorp- orated to provide tloqsational areas by both day and night. The children's play pool should be a fun area for younger children with slides, ~tc., and separate from the main pool oro.~t sO as not to disturb the other adult guests. (iv) See Section 6 regarc1in~'J design of pool deck area for food and beverage activlties. (v) A large deck ar()/1 l/1 r.'Qqu ired ar.<:ltlnd the pool for chaise lounges. AppPi~ tll1at.el,y 200 required. Deck areas should bo in 1;f.H; npaced wi 1: I'l landscaping for privacy. 1:)1.l:l:ul rill\ 1.1:)"010 a.r.o toost desirable, especially what'(l 1.11I·l V \.IIII:J I';pva the \J'll~!W of the lagoon. Some chaise lounqn!;\ Idll"lll.1.d be in lih';:ic~ed areas created with trellises, (lnnVtlll lHtn:lnga, eto. Provide glass or landscape windncrOflll(J .1f req~i. )~I;~d e' The pool attendant's pavill:lonF.! ~1hould hav() ample space for storage of clean llnd IH r. ty towels. A central towel storage room (100 flrll:H,~) will be l.:equired with easy access for electric antt,a from the laundry. Allow for twenty phone jacks i" tilt:! chaise lOllll'Je areas. , . 8. (25) HEALTH, FITNESS AND RECRENJ10N FACILITIES ==~-=--...:;;...;;;;..:.;;..;;=::...;:;......;:,;;;;:..=.-.;:;.;;;;;...;;;~ ___ ~ '" _..: ... _.,~::..;:.:.;c~~~ c) Outdoor (continued) (vi) Twenty private canvas cabanas are required, each with it's own telephone jack. (vii) The total development includes two tennis courts and two paddle tennis cour~o situated at the hotel together with a Sports Centre \~l.t.h twelve tmlOis courts and an Arnold Palmer, eightooll hole golf course. Preferential status and the ability to guarantee court time and golf tee times, months in a{1vance, must: be available for hotel guests, espocintl.1 when hotel sales people are selling to incentive qn.ll.i];)$. (viii) The landscape layout nhol.ll.d include such recreational activities as a croquoh groen, shuffleboards (2), and volleyball court. d) Landscaping ( i) The hotel ground!) 11111/.1 I 1m I.))ctena i vol V· l aOdscaped, uni- que and superb. J,,~\I\iII\l'tlplng TIH:lst: I'H~ llsed to create qu iet sitting aronn, pI: I \i £'\I:Q party flt)lI0aS (see Section 6), walks, etc. Tho lltlllnet:\(lnce of sup~~rb, lush, "diff- erent" landscaping cllluml:, l)c over""'ei)lphasized. This is another area where tho Il'nqr Seasons fJf:U1 be substantial- ly better than exlst..lll\j Southern California coastal resort properties. (ii) Particular care must be given to the design of the landscaping and building lighting with a preference for concealed plant and wnlkway lighting and moon lighting in the major trees. (iii) Grassed sitting and i.I/i./.d.se lounge areas, some shaded, should be created t:hr.:OiHJhout the property. (iv) Storage area for chaise lounges, etc~ 9. CHILDREN'S ACTIVITIES A full children's programm(} w1.ll be developed as an added at traction for couples with young famil ies to increase both mid-week and week-end OCCUPflI'ICY. The programme will include both indoor and outdoor orgunised activities with full time, professionally qualified staff. . ! ';'" ... ( I. 0 ) 9. CHILDREN'S ACTIVITIES (continuod) Children's. Playroom [q.ft. Recreation room with sl:ntOti/ '"cn, 600 T.V., games, toys, proJunLiI.111 screen, storage shelvin~J, nnd cupboards and tables, and !.Ioul-Iml for twelve and enclosed ou tdl III t..' pl/:4'y area Washrooms with vani ty and we 1'11.1:: II direct access from recrcClt.loll n.lf)rfl Pantry with cabinets, cupboanl B ( sink and undercounter refrigerator. rantry to have direct access from both rec- reation room and service corridor 10.' LOBBY, FRONT DESK AND RE~l]P .. AUJJM a) Lobby 30 50 680 The lobby must have a drnmatic view of the lagoon, ocean ana sunset, to immedial:o'\y e{'ltablish the resort image of the property on entoril1~1 from the porte cochere. It must be large and spacimw with plenty of "holding" and circulation space to handle group arrivals and depart- ures, while still provicl.tnQ a more private area at the front desk out of the main circulation route. Some quiet sitting and waiting areas are also essential. b) Reception and check-out ( i) The reception area at the ground level must be im- pressive and welcoming. There will be a stand-up reception and cashier.'s desk with four staff positions and it will be staffed 24 hours a day. Arriving guests will IH:i \olclcomed a,l1d their luggage taken by bell staff. V.I.P.'s and return guests will be escorted to their rooms, if they wish, by the Assistant Manager (ii) Adjacent to the cashiers' desk will be a private safety deposit box room with separate room for guests to review their box contents in complete privacy • 'j' (27) lO. LOBBY, FRONT DESK AND RELA'1'~~J t hHr~AS b) Reception and Check-out (continued) (iii) Computers will be used for room stat~s, back and front . accounting, point-of··nnlo (including guestroom tele- phones), guest history, huusekeeping, maintenance and reservations c) Luggage Luggage will be taken from the guests at the porte cochere and transferred directly to their hotel room or cottage by bellmen via separate service elevator or enclosed luggage cart. There will be a luggage holding room adjacent to the main entrance for luggage and temporary storage of golf clubs. d) Concierge 24 hours per day. dining and travel by the concierge. attitude and re- checked to ensure hotel's standards (i) Concierge desk will be staffed Messages, parcels, guest paging, arrangements etc. will be handled Staff will be selected for their commended outside services will be that they are commensurt\t~ with the (ii) The concierge will hove direct lines to limo/taxi companies to ensure thni:. there is al\<f(lYs an excellent transportation service available e) Parking f) Valet and self-park ing w U J. be available. A cashier's key kiosk should be situated close to the main entrance. A wai ting 1:U(,')/11 will be available for the car jockeys as close to tho main entrance as possible. Lobby, Front Desk ... ~.n.~Lf.lJ~ t t H~(l.t Reception lobby (trw.l ut'lllHJ l,j 11:'J:t\,ilqt.:l.oI)) Two private telephollr.J ('nIh lit I lUI Registration and cash lOt-' '" i.!f.lf.l)t 5q.ft. 6,000 35 200 , f I (2S) 10. LOBBY, FRONT DESK AND RELATED AREAS f) Lobby, Front Desk and Offices (continued) Guest safety deposit box room Concierge desk (120 sq.ft. included in lobby area) Concierge store Luggage and temporary golf (11 !.jb storage Telephone 'operators' (3) t:III)lH Front office manager Reservations manager Rooms division manager Open area for: a) lUI/wI. \i .11 I nIH] ¢letks (:j) b) O()OI.'Oiltl"V (l) Parking valet waiting r.oom/I.lIll.l.l.nlan' s stor.() (convenient for main (H)tl~lllll'r~) Parking cashier's kiosk (at porte cochere) 11. ADMINISTRATION General Manager Resident Manager Director of Marketing Director of Sales Sales Representatives (4) Food and Beverage Manager Assistant Food and Beverage Manager ] ] ] Sg.Ft. so 150 600 150 100 100 100 350 150 40 S,055 200 150 150 150 400 120 100 ., ., ,,. 11. ADMINISTRATION (contiO\J,~d) Director of Catering Assistant Director of Catod.JH.1 Catering Representatives (2) Conference co-ordinators (2) Reservation Book Room Boardroom Reception Secretaries - Administrative (6) , Research (1) , Mail and copying Beverage area Washrooms (2) 12. ACCOUNTING Controller Assistant Controller Head Cashier Staff cash work area and safety deposit boxes safety deposit boxes Food and Beverage Controller Assistant Food and Beverage controller Payroll Manager Sq.ft. 200 100 200 200 80 200 400 850 170 30 70 3,770 150 100 100 75 100 100 100 , '. 12. ACCOUNTING (continued) Credit Manager Open" area for: (a) Clerko (b) Secre I.l\ t:y (c) Filing Computer room Computer Manager Note (4 ) ) (1) ) ) Sq.ft~ 100 600 200 120 1,745 (i) Areas 10, 11 and 12 should be located together if possible for maximum efficiency of operation and staffing (ii) Include coat closets aa required by climate (iii) Include sufficient atotnga closets for general paper supplies etc. 13. FOOD AND BEVERAGE BACK OU!q\J.t-~J.~, 1t~l:.!~ Sq.ft. a) Main kitchen to service Cftf;(), Main Dining Room, Banquet ProVlit'/ltion and Room Service ~-"--""";;;"'-'-----'-""";;;"'------Y~ •• ~-·---- Chef's office Restaurant Managert~ (;)f~l: tun \ Garde manger and bu t.ctHH.' I "I liP I lid 'I. ng walk-in refrigerators & froa~dt. Service bar Tea, coffee, dairy station Ice :~BO 1 1 75 ] ] 1000 ] ] ] :uo ] ] 120 ] ] 140 ] . " • I. 13. FOOD AND BEVERAGE BACK OF BOUSE ~w_ a) Main kitchen to servico Cafe, Main Dining Room, Banquet propflrntion and Room Service (continued) Production, pick-up and ciroul~tion Washrooms (2) Dry store Walk-in refrigerator (2) Silver store Dishwash area Potwash area Steward's office Detergent store and janitor'~ "~nk b) Room Service this is a key service for Lhe hotel 24 hours/day, 7 days a week table set-up offered in the room room service order-taker to have guestroom number and 11<:1I1\/l display on telephone and computol Order delivery to cOt.taOHH Will be by electric cart or. ILl \~ycle cart, so cart storage and cart paths must be designed accordingly. Cart parking/charging will be at the truck dock Room service holding and se'~ Up Room service cashier Room service manager's work area Sg.ft. 2500 ] ] 40 ] ] 50 ] ] 150 ] ] ,sO ] ] bl)O ] ] 1.~lO ] ] ,to ] ] i?5 ] 700 ] ] 50 J ] 50 ] Sg.ft. 5,200 800 -. '{ (n} 13. FOOD AND BEVERAGE Bl\~JS_nY_ .. lloIJJ.Hl c) ~akery d) -Bread, (from proper bl~HI1i:1 oven), including breakfast bronrl~, pastries, chocolates, ice cream .''Hle\ Ijorbets will be produced in the bakolYi Bakery Baker's office Refrigerator & freezer Finishing room Banguet Pantries Where a number of meet::ln~J tooms are distant or on a different level from the banquet kitchen thoy will require a food holding and servioe pantry with electrical outlets for" food carts, sink, counter, sholving and coffee station 850 ] ] 80 ] ] 175-] ] 100 ] Assume 3 required 3 @ 250 ] Sg.ft. 1,205 750 e) Butcher's Shop (locate in garde manger, if possible) Preparation area Butcher's refrigerator' freezer f) Food and Beverage store Dry goods store- General refrigerators & fr.ee~ers Beverage stores including refrig- era tors and mini bar GUpp li as storage Compressor room with diront, access from service corridor 220 ] ] 250 ) 1,000 ] ] 600 ] ] It OOO ] ) ) 150 ] ] 470 2,750 ,.' ) (33 ) 13. FOOD AND BEVERAGE BACK 01" nO!JSg , ...... 1._. __ •. Sq.ft. g) General Stores China, glass and silver bulk storage h) Banquet Finishing Kitchen -Chef's Office -Tea, 'Coffee and Dairy -Ice Production, Pick-up, and Circulation -Washrooms (2) -Dry Store -Walk-in Refrigerator « ~reezer -Silver Store -Dishwash area -Pot Wash -Detergent and Janitor's Store, etc. 100 100 100 900 40 50 300 120 BSO 100 50 ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] ] i) Garden Wing Specialt:v nUf~t:.I'\H;'ant K;itchtHl f:lpd Room Service Area ... ~xecutive Chef's OCltuQ Garde Manger including wAlk~in refrigerator and frotlzclI' Service bar Tea, Coffee, and Dairy OLBtton Ice Production, Pick-up, and Circulation U l1 ] ] :;!50 ] ] ] :150 ] ] 50 ] ] 50 ] ] 700 ] Sg.ft. 1,000 2,710 I .t'. (34 ) 13. FOOD AND BEVERAGE BACK OF ~.~~~U§I·: S9.ft. Sg.ft. 14. i) Garden Wing Specialty Rostaurant Kitchen and Room Service Arc~ (e)ntinued) Nashrooms (2) Dry Store Walk-in refrigerator Silver Store Dishwash Area Pot Wash Steward's Office Detergent and Janitor'" 8toce Room Service Holding (llld Hi-1t-up Room Service Cashier j) Main Building Room Scrv1.uo Kitchen (Breakfast only) -locl,t,.Hd adjacent to guestroom service el:..~.Y_~J.~!Xll Kitchen for breakfast food preparation TRUCK OOCK AREA Truck docks (2 ) excluding driveway Holding Room Purchasing Office and Secretary Receiving Office 50 ] ] 50 ] ] 100 ] ] 80 ] ] 300 ] ] 80 ] ] 80 ] ] 30 ] ] 400 ] ] 30 ] ] 400 ] ] 100 ] ] 200 ] ] 100 ] ] 2,480 1,100 18,465 'j ( Iii ) 14. TRUCK DOCK AREA (continuod) Garbage compactor and contaln~t (refrigerated) Can wash Empty bottle storage Parking/6harging area for oj~otric and bicycle carts (room sorvLca, housekeeping, maintenanoo) 15. HOUSEKEEPING a) Laundry 11g.4h Sg.ft. 600 ] ] ] 70 ] ] .120 ] ] 300 ] ] ] 1,890 1,890 (i) An in-house laundry and valet shop for the hotel together with the golf and sports clubs shall be provided and will include dry cleaning and pressing of guests I clothes and staff uniforms. The valet shop will also have a domestic size washer and dryer and ironing facilities to handle emergency requirements. (ii) One hour pressing will be offered 7: 00 a.m. to 8:00 p.m. daily. Overnight ptessing will be offered nightly (iii) Same day full laundry and dry cleaning service will be offered 7 days per week (iv) Emphasis will be placed on quality service and presentation of garments (v) Complimentary overn f.ght shoeshino will be offered b) Area Requirements Laundry inc1ud ing 1 inon clint t:o termination and launch:v III Ii !,\nl:J er 's office (100 sq.ft.) Valet Dirt laundry holding ronl!\ . ~ Sg.ft 6,750 700 200 1 "' 15. HOUSEKEEPING b) Area Requirements (continued) ·Housekeeping, linen and uniforms, day stores, seamstress, lost and found and issuing Housekeeper's office Assistant Housekeeper's office Bulk storage -housekeeping supplies Dead storage Stationery and paper goods store Flower workshop including refrigerator and sink Night cleaners closet (with direct access from service cC)J~I.~id6r) 16. PERSONNEL (adjacent to security) Sg.ft. 1,400 100 100 800 600 200 300 150 11,300 Great attention will be pai~ to the attraction and retention of staff. To this end thu 1111 p)tJl1oel off iCI'H1-, training room, staff locker rooms, ShOWf:lrn IHH.) staff dininu room will be of a higher standard than tll'1l'fllfi It,' foqnd in ol'.liHr hotels Personnel Manager Assistant Personnel Managor Reception and Secretary Training Manager Training Room Children's day care centra Sg.ft. 150 100 200 100 450 1,000 2,000 " (38) 19. REPAIRS AND MAINTENANCE Maintenance and storage aron Maintenance engineer's office and secretary Secured storage room Carpentry shop Paint shop Landscape equipment mc:d. n \:':11111 q(JH area and spare part~~ tI\·.l'Jl'llW! ·1-·II.~lh\ Landscape maintenance equ'l j.l111i1l1 i'. and engineering and houfJolU1I:'1d tlU I electric cart storage llnd ,,"ubi.l t~ lng area Note Sg.ft. 1,000 :ZOO 100 300 150 400 2,000 4,150 (i) Telephone equipment room (200 sq.ft.) to be located adjacent to computer r.OQ)11t if possiblo, with separate room for UPS system ( ii) The above limdscape mnlll t,t>1llanCe areas could be located in a separate building al thoUgh cart stot'age and charging must stay at the main hotel building 20. CONFERENCE/BANQUET BACK Ol~ HDJ.1r&H Storage Banquet party prop's storago Banquet beverage store including refrigeration (2) Conference/Banquet maitre d' and head houseman Audio visual storage 59·ft• 3,800 300 300 200 250 4,850 ( J'I ) ., 17. SECURITY (located at porsolllHl). ontrance) security office Secured key storage/cutting room 18. STAFF FACILITIES (adjacent "1'1 p~rsonnel entranco) (a) Male Locker Room Locker room -360 half lockers Washrooms, showers (2) and vanity , (b) Female Locker Room Locker room -220 half lockers Washrooms, showers (2) and vanity Janitor's closet (accessed from service corridor) (e) Staff dining Dining room seating (130) Food preparation and pick-up Dishwash Vending machines/pay telephonoH (direqt access from service corridor) .4 ,~g.ft. 1,450 600 880 600 30 1,950 450 150 70 Sg.ft. 150 50 200 2,050 1,510 2,620 6,180 r' ..... ~. ' ......... 4,t. ,l-~ ~ (H) ) 21. GARDEN WING SERVICE BUIr~DING These space requirements should be included in the building containing the Bistro and Kitchen. The additional service require- ments are as follows: General Storeroom Enclosed parking/charging area for delivery bicycles and carts and receiving area for supplies delivered from main building. October 25, 1989 R~:jg Sg.ft. 400 400 800 • • • r· • Linscott, Law & Greenspan, Inc., Engineers APPENDIX A RESORT FIELD STUDIES HYATT ON HILTON HEAD ISLAND, SOUTH CAROLINA In conjunction with the environmental documentation for the proposed Hyatt Resort in Santa Barbara County, field studies were made of a comparable destination resort operated by Hyatt on Hilton Head Island in South Carolina. These studies included traffic counts, parking demand surveys, vehicle occupancy observations, employee profiles, and investigation of eating/drinking/banquet usage patterns of that established facility. During the study of the Hyatt on Hilton Head Island, the guest rooms and meeting/ banquet space were at essentially fully committed levels. By way of introduction, Hilton Head is a barrier island at the southern tip of the Carolinas. The largest of several islands in this delta area, it measures approximately 14 miles in length and varies up to 5 miles in width. The climate is subtropical, with average winter day time temperatures in the mid-60's • The island developed with a few plantations in the American colonial period, and functioned as a garrison for up to 50,000 federal troops during the Civ~l War. It remained in relative obscurity until 1957 when a bridge extended u.S. Route 278 onto the island. That route has since become the backbone of the island's circulation system, serving the subsequent resort development that emerged on the sites of the former plantations. The island now features six oceanfront resort hotels with varying conference capabilities. Recreational amenities include 18 existing golf courses with four more in the developmental stage, 175 tennis courts, 12 miles of beach, boating, surf and dee-p sea fishing, extensive bike path and nature trail opportunities, sightseeing, shopping and fine dining/entertainment. Off island activities include tours of historic Savannah, Charleston, Beaufort and the Carolina low country. The island itself is one of the most highly acclaimed golf centers in the world, and plays host to three professional tournaments annually. In terms of access, the island is approximately 40 miles from an Interstate Highway (95) via a U.S. highway and/or various State routes. Savannah, Georgia is approximately 31 miles away, and has the most proximate airport served by multiple commercial airlines (Delta, Eastern, Continental). A small general aviation airport exists on the island with connecting commuter service to A-I (j) • • linscott, Law & Greenspan, Inc., Engineers Atlanta, the major airline hub of the southeast, and to Charlotte, North Carolina. Air service into and out of the Hilton Head Island airport is typically infrequent (only a few round trips daily to either connection) and involves aircraft with only 10-20 passenger seating capability. Limousine service and car rentals are available in both Savannah and on the island. There is no local taxi or bus service, but a local shuttle system loops key destinations on the island four times daily. Thus, even though the study site draws from a broad geographic area and involves a potentially significant portion of airline travelling guests, connecting service to the hotel is largely by automobile (private or rental). In access terms, then, the Hilton Head situation is believed to closely resemble that anticipated for the Hyatt site in Santa Barbara County. The Hyatt on Hilton Head Island, as it is known, is one component of a total complex known as the Palmetto Dunes resort which is a complete resort and residential community. It consists of residential neighborhoods, rental (multi-key) villas and homes, the oceanfront Hyatt facility, two 18-hole golf courses, and the Rod Laver Tennis Center (25 courts). The Hyatt itself sits astride a 3 mile long stretch of sandy beach and, in addition to its on-site facilities (restaurant, lounges, nightclub, poolside bar and restaurant, meeting/banquet space and shops), rental villas, the tennis center, and an 18-hole golf course are immediately adjacent off-site, or in very close proximity. Table A-l summaries the development tabulation. It is significant to note that with 359 rooms and 331 spaces, the hotel is parked at less than one space per room. ,/ Thus, in terms of locational aspects, access characteristics (air travel and ground transportation), amenity, and operational format/capability, the Hilton Head experience is believed to be a highly comparable site from which to derive data for the purpose of evaluating the proposed Hyatt resort facility in santa Barbara County. The study of the Hilton Head facility was initiated with late evening field inventories and spot counts on Sunday, October 23, 1983 and concluded with the final parking survey rounds in the early morning hours of Wednesday, October 26. In the intervening period, numerous studies were performed as part of this analysis, as will be described. The Hilton Head studies were performed during the latter stages of its "vacation season", which extends from March 16 through November 22. Guest room occupancies during the survey period are presented in Table A-2, which also identifies the split of room registrations between attendees of meetings/ conferences (groups) in the hotel as well as other guests. The total number of hotel A-2 • • • Linscott, Law & Greenspan, Inc., Engineers TABLE A-I DEVELOPMENT SUMMARY COMPARABLE STUDY SITE Hyatt on Hilton Head Island COMPONENT DESCRIPTION Hygtt; Eac:i.ltt;y Guest Rooms Restaurant (interior) Lounge (interior with balcony) Nightclub Poolside Restaurant Poolside Bar Meeting/Banquet & Prefunction Retail/Convenience Cornrnerical 1 Contiguous Parking Qff-site Villa Rentals Tennis Center Robert Trent Jones Golf Course Iplus random seating around pool. 359 Rooms 225 Seats 110 Seats 240 Seats 60 Seats 1 20 Plus/Minus 12,210 SF 3,800 SF 331 Spaces 25 Courts 18 Holes Seats 2Includes Men's/Ladies shops, gift shops, art gallery, beauty shop, realty office, and game room • A-3 • • • Linscott, Law & Greenspan, Inc., Engineers TABLE A-2 GUEST ROOM OCCUPANCY CHARACTERISTICS FIELD STUDY PERIOD EVENING OF: Sunday, October 23, 1983 Monday, October 24, 1983 Tuesday, October 25, 1983 Hyatt on Hilton Head Island QCCU~I~R GUEST ROOMS GROUPS OTHER TOTAL 329 321 287 30 359 38 359 13 310 lEased on 359 total guest rooms • / A-4 PERCENT TOTAL OCCUPANCY 1 GUESTS 100 522 100 510 86.4 484 • • Linscott, Law & Greenspan, Inc., Engineers guests are indicated as well. For the purposes of this analysis, the term occupied room will refer to a room registered to a guest of the hotel, although the guest was obviously not physically in the room continuously during the survey period. As indicated in Table A-2, the hotel was fully or nearly fully committed in terms of guest rooms during the field study. Further, those rooms were largely committed to groups who were using the hotel's meeting/conference facilities (roughly 90 percent) versus those guests not part of an organized group. Discussions with hotel staff indicated that this is typically the case, and that, conversely, roughly 90 percent of the meetinglbanquet space commitments are for guest usage. Dividing the total number of registered guests by the number of occupied rooms yields an average of 1.4 to roughly 1.6 guests per room. This is consistent with past LL&G studies which indicate a composite average of about 1.6 persons per room. A key characteristic influencing total hotel traffic generation potential and parking demand is the use of meeting/banquet (conference) space by both guests and non-guests of the hotel. As suggested by the Table A-2 data, resort guest rooms and conference space are typically marketed to groups who make use of both continuously during their stay. As such, the combined parking needs of the guest rooms and conference space are not described by the simple summation of peak demand levels for two free-standing uses without consjderation of a overlap in demand between them. To further explore and confirm this relationship at Hilton Head as it might be applied to the proposed facility in santa Barbara County, a review was made of May 1983 and May 1984 Convention Forecast data. The data identified the number of rooms blocked out in support of committed conference space in the hotel on a day-by-day basis. May data were selected because that month is typically the most active month at the resort. May, 1983 has obviously come and gone so that the forecast is an actual indicator of the conference-related guest room bookings in that time period. May 1984 was six months away from the time of the survey but the strength of the conference bookings that far in advance further supports this key guest room-conference relationship. Most groups, particularly those of significant size, need to reserve well in advance to ensure adequate facilities (guest rooms, meeting room space, exhibit areas, banquet space, etc.). Bookings one to two years in advance are not unusual. Table A-3 presents these data. As can be determined from the Table, room commitments for conferences approached or exceeded A-5 • • Linscott, Law & Greenspan, Inc., Engineers TABLE A-3 CONVENTION-RELATED ROOM BOOKINGS 1 PEAK MONTH Hyatt on Hilton Head Island ---11ALl~Q8~3:--~_. MAY 1984 FQEECbSI GROUP NUMBER OF DATE GUEST ROOMS GROUPS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 376* 2 363* 363* 310 352 352 373* 257 250 250 251 482* 501* 506* 332 331 297 386* 365* 308 324 340 340 282 307 290 290 351 281 285 261 Average 3 318 Capacity 359 3 3 3 5 5 5 8 6 5 5 7 7 6 5 4 6 6 6 3 6 9 6 6 6 8 4 4 3 2 3 3 .I GROUP NUMBER OF GUEST ROOMS GROUPS 239 140 385* 385* 411* 290 320 370* 191 345 247 260 375* 375* 399* 325 338 282 266 385* 385* 385* 235 170 329 320 300 300 300 375* 175 301 359 2 3 3 3 4 3 3 3 3 3 3 4 2 2 4 6 4 3 3 2 2 2 2 2 3 3 1 1 1 2 2 lSource: Convention Forecast summary -Hyatt on Hilton Head Island. 2Asterisk identifies over-booked days. 30ver-booked days counted at maximum capacity of 359 rooms • A-6 • • • Linscott, Law & Greenspan, Inc., Engineers the hotel's 359 guest room capacity on many days of the two periods. (Excess demand is typically accommodated in nearby villas, or at other area resort hotels). In May 1983 as well in May, 1984, convention commitments equal or exceeded 300 rooms (83.5 percent occupancy) for 20 days in both months. The average of total daily conference bookings (limited by 359 room capacity) in May 1983 was 318 rooms, and as of October, 1983, stood at 301 rooms for May 1984. Added to these bookings would be those of non-group guests of the hotel which would typically bring the total to a full house. Thus, as actual data indicate, transient use of a resort hotel such as by tourists or businessmen is incidental to its prevalent role as a total setting in which to stay, confer in group sessions, hold related banquet and exhibit functions, and take advantage of on-site or other area off-site recreational amenities over a multi-day period. Tourist and businessman's use of the hotel for overnight accommodations is possible with only a limited number of rooms not previously committed in blocks to conferee groups. As it happened, the Sunday evening into Wednesday AM survey period at the Hilton Head Resort coincided with two days of distinctly different conference activities which provide the basis for evaluating design parking demand needs for the different conditions of such a facility. The major conference commitment was to a national management association and its various sub-groups, representin~ approximately 360 conferees and roughly 110 spouses. In addition, two smaller groups of roughly 20 conferees each utilized space in the hotel. Sunday evening activities consisted of the initial opening of the major group's exhibit space which remained set-up until Tuesday afternoon. Also on Sunday evening, a reception for 400 guests was held from 6:30 PM to 8:00 PM,· after which some conferees moved to the hotel's restaurant, while others went off-site for dinner, as there was no catered dinner function. The general session of the major conference began early Monday morning with concurrent smaller group sessions occurring in the late morning and throughout the afternoon, until about 5 PM. There was no formal lunchtime activity for the conference itself, but an affiliate group sponsored a luncheon for delegates and spouses totaling 250 persons, while other conferees used either on-site or off-site restaurants, as did the two small conference groups who had meeting space reserved throughout the two survey days for both morning and afternoon sessions. In the afternoon, there was an off-island tour of Savannah by roughly 45 spouses, with transportation provided by an interstate carrier bus. There were no dinner functions for any of the groups on Monday, and A-7 • • • Linscott, Law & Greenspan, Inc., Engineers conferees were free to organize their own dinner/evening activities. Tuesday saw the continuation of the two small groups throughout the day, and concurrent morning sessions of the major group which consolidated to a general session just before lunchtime. There was no scheduled luncheon activity on Tuesday, and the conference was recessed for the afternoon hours for several tournaments organized for conferees including golf, tennis, and deep sea fishing. Seven IS-passenger vans (essentially full) were observed leaving the site with conferees for the golf and deep sea fishing activities, while a beach party was held at the hotel itself. Participation in these tournaments was elective and involved a cost to the participant, in addition to the basic conference fee (package price typically involved transportation, box lunch, and related tennis/greens/charter fees). Obviously, conferees could also plan their own activities for this period. The exhibit space (roughly 5100 square feet) was broken down Tuesday afternoon and evening. Tuesday evening, there was a poolside reception for the major group attendees and subsequent dinner for 350 on an outside dining deck (6000 square feet) from a PH to 11 PM. In terms of banquet/meeting space utilization, a review of daily function sheets of the resort hotel indicate that literally all of the interior conference space (almost 13,500 square feet) was blocked out (committed) continuously during the course of the field studies, either as continqing exhibit space, a set-up as continuing general session or concurrent session meeting/banquet space, or commitment to the two small conference groups, whether the space was physically occupied or not. In general terms, the large conference group space commitments totalled almost 12,150 square feet for the 360 conferees, with additional mid-day use of the hotel's 2750 square foot nightclub, which is closed during that period, for coffee service •. In addition, the 6000 foot outside patio was used for the Tuesday evening banquet, and space was not available within hotel for the banquet unless the exhibit space could be broken down in time, or unless one or more of the session spaces were broken down and reset as a banquet space, with subsequent resetting after the banquet in time for the early Wednesday morning sessions. This illustrates an important operational aspect where time for set up and break down of space is required in addition to the basic function period. Further, a single space is not typically reset into all the configurations (i.e., theatre, conference or banquet style) needed by a continuing group. Rather, two or more spaces are used, each individually capable of holding all conferees in the required configuration. These operational characteristics echo those findings of other hotel studies by LL&G and illustrate an important point in A-a • • • Linscott, Law & Greenspan, Inc., Engineers evaluating the parking and traffic aspects of the proposed resort. All conference space will not be simultaneously occupied to its legal capacity due to the multiple use of several spaces, typically in sequence, by a single group. Further, no one space is typically occupied to its maximum capacity at anyone point in time, as allocation of space to a single event is a step-wise process based on the divisibility, by partition, of contiguous meeting/ banquet areas. This is particularly true of relatively small groups as the two small conferences (20 persons each) at the resort were allocated a 530 square foot and 820 square foot space, indicating an occupancy ratio of 26.5 and 41 square feet per person, respectively. The legal minimum, based on fire code, is typically 15 square feet per person. As for the large group, the minimum simultaneous space allocation was 33.75 square feet per conferee (12,150 square feet divided by 360 conferees). In reality the actual allocation was probably more since all conferees do not attend every session. Observations of the usage of the resort hotel's restaurant, lounge and nightclub uses indicates that they are utilized largely by guests with relatively small usage by outsiders. The possible exception to this was the Club Indigo Nightclub which features live entertainment and appears to have developed a local following. . Table A-4 summarizes the occupancy in each of these spaces for various periods during the traffic and parking field studies at the Hyatt on Hilton Head Island. Review of the Table and contrasting with the conference activities seems to verify this guest-related orientation on a relative basis. The hotel's interior restaurant is divided into two parts with one serving basically breakfast/lunch patrons (roughly 100 seats) and the other serving the dinner trade (roughly 125 seats). Comparison of the Monday-Tuesday restaurant occupancy to these component capacities and to each other indicates relatively light usage (perhaps because of the weekday, late season, period of the field study), but more importantly a trade off with in-house banquet usage. Monday dinner usage was heavier than Tuesday. There was no Monday conference banquet for the major group but there was one on Tuesday. Although not specifically counted mid-day on Monday, the noontime restaurant patronage on that day, which coincided with a noontime banquet for the major group conferees, appeared lighter than that of the actual Tuesday mid-day counts. Interestingly enough, restaurant usage appeared, on a relative basis, greatest on Sunday evening, which coincided with the arrival day for most attendees of the large in-house conference. Following the reception that evening, many conferees appeared to move tot h e hot e 1 's res tau ran t, rat her t han 0 f f -sit e • A-9 • • • TIME Mongay, 8:00 PH 9:00 PM 10:00 PH 11:00 PM Tuesday. 12:30 Ml 11:00 AH 12 NOON 1:00 PH 2:00 PH 3:00 PH 4:00 PH 5:00 PH 6:00 PM 7:00 PH 8:00 PM 9:00 PM 10:00 PM 11:00 PM Linscott, Law & Greenspan, Inc., Engineers TABLE A-4 RESTAURANT/LOUNGE/NIGHTCLUB OCCUPANCY FIELD STUDY PERIOD Hyatt on Hilton Head Island OCCUElr;o S~S BESTAURANJ: WUNGr;-a8R. , INTERIOR POOLS IDE INTERIOR POOLS IDE (225 SEATS) (60 SEATS) (110 SEATS) (20 SEATS) OctoQlir ,4, J,983 42 Closed 14 Closed 26 n 6 n 14 n 19 n Closed n 26 n OctoQer 25, lQ83 n Closed Closed Closed 24 Opened Closed 6 7 0 n 16 34 6 n 15 24 3 n 12 3 0 i n 6 " Closed 0 Opened 19 n 0 11 Closed II Closed 13 II 5 n 20 n 11 n 13 n 17 n 2 n 8 n 23 n Closed n 13 n Wednesday, OctoQlir 26, J,983 12:30 AM Closed Closed Closed Closed 2:00 AH n n n n A-I 0 NIGHTCUUL (240 SEATS) Closed Opened 70 95 105 Closed n n n II n II n n n Opened 100 160 110 Closed • • • Linscott, Law & Greenspan, Inc., Engineers "Exploring" of off-site restaurants and drinking establishments appears to occur on subsequent evenings after initial check-in, suggesting most conferees try the hotel's restaurant(s) for dinner first as a matter of convenience and interest, then try off-site locations as they become familiar with other eating/drinking opportunities in the area. Like the restaurant situation, the resort hotel's lounge and nightclub patronage are largely influenced by organized guest functions. The lounge and bar activity appeared to be almost exclusively guest related, while the night club attracts a significant percentage from the outside, estimated at roughly 50 percent based on collected parking profile data. Further, both lounge and night club occupancy were greatest following the Tuesday banquet, indicating that conferees often adjourn to the lounge or nightclub following a banquet function. Another important characteristic suggested by Table A-4 is that' multiple eating and drinking spaces in a resort hotel function as alternative rather than additive spaces. More specifically, all restaurant or lounge public area is not functional at the same time. The restaurant has two dining areas, one basically for breakfast and lunch, and another for dinner so that, in parking terms, the parking demand of one public area is traded off, time-wise, for that of another. Maximum occupancy in both areas, i.e., of all 225 seats of the restaurant, would be an extremely unlikely occurrence since all areas are not open simultaneously. Similarly, lounge/bar space is operated in sequence with the poolside bar open during the ~fternoon hours only, and the interior bar opening in the late afternoon and serving throughout the evening. TJW'FIC COUNTS Counts of entering and exiting traffic at the Hyatt on Hilton Head Island were made on Monday and Tuesday, October 24 and 25, 1983, for the purpose of deriving composite traffic generation factors on a per guest room basis for use in assessing the impact potential of the proposed Hyatt in Santa Barbara County. The counts extended from 6 AM until midnight on both days. Midnight to 6 AM volumes were estimated and infilled to arrive at a daily volume. The counts were stratified as to private autos (total of owned and rented, visitor/guest and employee), hotel shuttle, other shuttles, tour bus, and trucks/service vehicles. Exhibit A-I plots in bar graph form the raw hourly volume data for the Monday survey, by even hour increment, and indicates the relative distribution of traffic throughout the day. The contiguous four IS-minute periods of total maximum hotel traffic volume are also indicated. Because of smaller peaks within individual hours, the maximum volume period may not necessarily be the 60-minute period commencing at the top of the hour. Exhibit A-2 presents a profile of Tuesday's raw count data. A-II @ • • Cl Z ::J 0"--" CO :r: I-0.. ::J >-0--- E:] AM OR PM PEAK HOUR OF HOTEL TRAFFIC TOTAL TIW-WAY DAllY TRAFFIC OF 2374 VEHICLES FOR 359 OCCUPIED ROOMS MONDAY EVENING ""--'r I, I, ---'---T""-'''' ! i ( I : 250 I--+-j -+--r-. i --.. ~.! '-f--+:. --l-+---+-.-+----+-+--4---'i~..J..-·-+: ---.. ..... -.-~-j-...!...-.-I-~---1f--.... --1--"+--+--+----+_'--0 .-.. -4---l---I----I--~...i---I----i--~ j . ! : ---·-.... ·:i.·-!---+--I---+-~·-+-4--+' ---'~'+-~--l-----l' .-.. . " .... ·-t,... ~.t-Lt-+,! ..... --... -1---+---+--+--1--_~_f-""_-"·+r·_·""......;.T_l-i! -j...-t-t-t:-±-.>--+---I----I--~-+--~ .. -.. ---.-. 200 .. · .. -t--J..-"'-!---t-, -+--'+'-'-f'--~ I -., 1PM ·IPEJl;k,-+ .. ~-··~~+---:-+-+---t--+--+--t.::'- I---+i -f..-+; ... -.-L .. ·-l .. -+---+-.i....! ---1-: -... L._ ......... : . I ~~ -'-" --+--+--+-!~+--I ! i . I i ~~~, .... ·--i--+----+-L--..;..-~ -+--+.-.-.... -.--l----i---+--+--+---(-I-~_F==t__+_+_+_+--.f__+__l 1--+--+---, .. -....... -... I ! i j--.'t-t-.. f--..... -T ...... -:--·-i AM! PEAK ~I ~"H:-::.+t-! --+-I---+-~--+--+---l~ 150 . +----t-+-~-+--l-+-+--t 50 ... -.. -.. _ .. '---+---+--+--1 iL-- I +--+--+~-+-.4.--.-- -!--+--4-... J-' ~l:. .... i . . / :.F. ... ~ ! --f........I...''+'-l--f--......-. ~ .L .. -t--+--J-+--+--+-'--~''''--.;. •.. i I ! -~-l--J...I!. • ....:t •• +---.--... i .. ,,-.-.~--.. .,.....~-t--i--t ., •• : i~ 4-~-+~~+--'-+ -~~~ - of-,,:,. --•• - " ,; ; I· ; ... ; .~---+--+---+-+---+--+---- :q=i~:·· !-C~ .. ri'IJ)·i. :~l~ ·~l~~~r-h---l +-~I-: _-'.+-: i --j-.. _ ..... -++_. -t i !! i 1; ·.i. i :.. jl o ' !: f! i .·r· ; i ~ .. 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 MID AM NOON HME PM A-12 10 11 12 MID A-1 ~ Linscott, Law & Greenspan, Inc., Engineers HOURLY TRAFFIC VOLUME PROFILE MONDAY 10-24-83 HYATT ON HILTON HEAD ISLAND ~ • • • (-:-:J AM OR PM PEAK HOUR OF HOTEL TRAFFIC TOTAL TWO-WAY DAILY TRAFFIC OF 2332 VEHICLES ....,.---.---,-----,-_F....:,O.;.:-R ,....::31 0 OCC U P I ED ROOMS TU ES DA Y EV ENFl N-=,G_ .... I"'''''' · .. · .... ·r·-p~_ PE~K t--:~' , .. --1, I,_+---+l!--t---;._'~·---+i'---f 250 ---t:.',. -.... .. ~--+-I I 1 I , I i -f--+--+--t---.-.-.... ,.,., .. -.-+--+--t--+, ---1-,+-.-·--t---·I' -.-- . I r--+---!----if----t---+----+-+---t--+--+--!--f-'-...:.t---+--!---+--.. ~-+--_+__t___I_-.i__~ -1----1 , ii 1. • ~ i-+--+---+-----!-, -I---+--.·:-·: .... --t--+----I--+--+--+-f.----;--+-~ ~l ----·-t"---+-+l ---I,I----;---+---·r t 200 I-----i----+--+---.... -.-.. L ........ ·f·-.. -....... ~ •. : •. "---r-,'",' t---+---+----r--,.i, -.. -·~-.. -.. ·1-_t_-f___f ~::J ;.,: ',I '.' : i l o .--.. ----,--I--'-"r-: _I_-i---t---t--.L:::.; --. -• • . '-'~:.;. ·-If--4--+--_I_-+---+--f---f co :r: ,1.~ :.: Li i . f-c... .. ..-... L.--+-----!--t---+---t----. .::.:: _..J __ I __ +-' --t-t---t---t---+-I----+--i ~ : r-.-~.!"' ......... : .... __ ..... ,: .,--+-+-1 -+-' -f--.-... -.. --....... _... . . i-= __ J .......... 1--+---+---+---+-+--.;....-.. ~5 I I ~' ! I :r: f .................... ~.: ... ·-.. l AM PEAK ~ ... ::.~: ~ ~:" ~ ... -.... ·1-.. -·--·+; ---1-+,---1 ~ 0:: 150 i--.. __ .. ~_. __ . ,i ......... .. . ~--+---lf_+-----ii'--+--+----+-+---i 25 ~ --r---.. ..:. 1 1 I §2 c.n , " ... ,; .... --,1 .... -·- " i --. i :.~-: .~~.:~. --+-+ ......... ·---'-,.1, .-f----+--_t__--I ....... w I! , ..... .... I 1 _ t..L-d :...-............ _-..... _ .. .J-. -+-·--of··· ... --. , .. _-' .;._._----~ ~ !! ...... J .............. ·· .. t .. ·-.. ' j .. --. ~ :~:~ .~~ ~-~-).---.. --.... ~......... j ~ ... -... + ....... ..;.-: '. _.+-............ ,) :::~: ::;: __ .. ..1.,:" .. _._ .. --! 1 -t.-._ .... I .. -·--t- L-: I : l, .,1 i I r-I : i 1 00 I-~-.... -,-.~ ... :!.I:' ... -.... -.... -+ .... t-.. I ......... :il.·.~.·._ ... -•• ·.·.·, ••••••.••• ,:.1 .... ·.·.·.·.· .... · ...... , .. :,.·.·.·.·.·.·.·.·.·.;::1 •.• , .. _· ............. L ....... L t=, .-... -.. :~~~ ~:.~.: ........... L ... _'_ r-'r'-" : · ........ t·---· ____ .. m .. __ ~_mm. -.L , .' • r i I '----+--r: \. i ---l--t---:~~i it-Ft=~~--+---t--.+-.-L. . ~".' -.. ---.-+.-j. .;:.'--------... ~~ '.: ' .-..... J----..... l,: ......... '.' t.· --......... __ . __ .;.: .. __ . __ . ~ .. : .. : : .. : .: . __ .! _ ...... rl.--.1.: _ .. _-+-----+. -l----t:=:;::J 1--, ~--.--. _ ..... -- ! ..; . ; I •• • • ii, : --'f---+i_+---f 50 -1---+--+---+----........... -.. -.-L.-~ o 12 1 2 3 4 5 6 7 8 9 10 11 12 . 1 2 3 4 5 6 MID NOON 78.910'1112 MID AM TIME A-13 ~ Linscott, Law & Greenspan, Inc., Engineers PM A-2 HOURLY TRAFFIC VOLUME PROFILE TUESDAY 10-25-83 HYATT ON HILTON HEAD ISLAND@ • • Linscott, Law & Greenspan, Inc., Engineers Review of both exhibits indicates that the traffic characteristics of a resort hotel are largely complementary to on-street traffic in that the maximum hours of hotel generation do not usually coincide with the traditional 7-9 AM and 4-6 PM commuter peaks. Rather, resort hotel traffic peaks mid-day and through the early and mid-afternoon hours. The Monday data reflect 2374 vehicle trips starting or ending at the Hyatt Hotel, as defined in Table A-I, and as will be recalled from the conference discussion, describe a situation of day long conference sessions and no organized evening banquet function. In contrast, the Tuesday data, representing 2332 vehicle trips describe a situation of morning conference sessions with a break at noon and afternoon recreational activities, either on or off-site, in organized groups or on an individual basis. This accounts in large part for the pronounced noon peak and slightly increased traffic levels in the early afternoon on Tuesday, as conferees depart the site for various purposes, then return in time to prepare for the evening banquet function. Monday evening traffic is greater than Tuesday's, however, and can be related to the fact that there was no Monday evening banquet function and many conferees leave the hotel for dinner elsewhere. In terms of vehicle count, autos accounted for roughly 84 percent of the hotel's total traffic, and service vehicles roughly 10 percent, with the remaining 6 percent attributable to hotel shuttles (2 percent), other shuttles including airport service (2-3 percent), and tour services, typically by 15 passenger van (1-2 percent). ./ TlW'FIC GENERATIQN FACTOBS Analysis of the raw count data collected in the two day field study and adjustment to reflect room occupancy yields the composite traffic generation factors summarized in Table A-5 for a resort hotel/conference complex with supporting restaurant/lounge/night club uses. A two day average is also shown together with a recommended design value. The rates can be used to estimate the generation potential of similar resort hotel complexes by assuming 100 percent room occupancy and multiplying the total number of guest rooms by the appropriate factor for each analysis period (peak hour or daily). As indicated, daily rates are on the order of 7 trips per room, which are significantly less than the Institute of Transportation Engineers (ITE) reported rate of 10.2 trips per room developed at a single resort in Hawaii.l lResort Hotel, ~~iD_~gDg~stigD=_An_lntg~IDgtigngl_E~Dg~t, Institute of Transportation Engineers, Washington, D.C., Revision 1983. A-14 • • • Linscott, Law & Greenspan, Inc., Engineers TABLE A-5 WEEKDAY TRIP GENERATION SUMMARY Hyatt on Hilton Head Island Field Studies GENERATION RATEt VEHICLE TBI~ ENDS E~R QCCQEI~R EOOM MONDAY TUESDAY AVERAGE DESIGN DESCRIPTION 10/24/83 10/25/83 VALUE VALUE Daily (Enter + Exit) 6.6 7.2 6.9 7.2 E~gk Hour Qf Adjgc~nt .str~et .syst~m; AM (between 7 and 9) Enter 0.22 0.17 0.20 0.22 Exit Jhl.Q 1L..Q1 .Q..J22 1h.l.Q Total 0.32 0.24 0.29 0.32 PM (between 4 and 6) Enter 0.23 0.28 0.25 0.25 Exit .Q..,2] lh2.Q Jh2A ~ Total 0.50 0.48 0.49 0.50 l?eak HOUl; of Hyatt . . AM (roughly 11 AM-Noon) Enter 0.18 ,0.18 0.18 0.18 Exit ~ /~ .Q..,2.2 .Q..,2.2 Total 0.42 0.43 0.43 0.43 PM (early/mid afternoon) Enter 0.25 0.35 0.30 0.32 Exit .Q..,2~ .Q..d.2 JL.Jl .Q..dl Total 0.54 0.80 0.67 0.75 A-IS ~TJ;;Lmn • • Linscott, Law & Greenspan, Inc., Engineers The Hyatt-derived rates for the traditional peak hours of commuter tra~fic are significantly less than those developed by ITE (0.85 tr1ps per room for AM peak hour, 0.73 trips per room for the PM peak hour), which in our opinion can be attributed to the special character of the Hilton Head Facility and that envisioned for santa Barbara County. The design rates indicated in Table A-5 are typically based on the greater of the Monday-Tuesday calculated values. Where there is a significant spread between these individual values, an interpolated value has been recommended which weighs the greater rate more heavily. On that basis, two-way design rates of 7.2, 0.32 and 0.50 trips per room (assuming 100 percent occupancy) have been identified for daily, AM street (commuter peak) hour, and PM street (commuter hour), respectively. It should be noted that these design values, by virtue of the way in which they were derived, describe the total generation potential of all guest and non-guest hotel components, including guest room activity, design day conferencelbanquet activity, use of restaurant/lounge space and other amenity space (pool, retail space, etc.). Further, they have been derived on the basis of occupied room, and are intended to be applied to the total room count, presuming 100 percent occupancy as a design condition. EMP1J)YEl;: TRAVEL SURVEY A survey was made of Hyatt employees to determine their relative travel modes to and from work on both survey days. The questionnaire was distr ibute'd to employees by depar tment supervisors. All department~ appeared represented in the responses, which are summarized/in Table A-6. It should be noted that transit service, per se, is generally not available on the Island, and employee travel is largely by private automobile as a lone driver or in a multiple occupant configuration. Most of the line staff lives off island, some as far away as Savannah, and 5 buses make a single trip from off-island locations in the morning to deliver employees to the various work locations. A single return trip by each is made around 5 PM. Boardings at the Hyatt totaled roughly 10 people each day. Review of Table A-6 and evaluation of auto driver and auto passenger data suggest an actual employee automobile occupancy of 1.2 persons per car (36/30; 39/33). On a composite basis, the implied average after adding in other modes is around 1.5 employees per vehicle, or conversely stated, there is roughly one vehicle on-site for every 1.5 employees. This is an important relationship in evaluating employee parking demand, and is consistent with the findings of LL&G for a similar study in Monterey, which indicated a composite value of 1.58 employees per car (actual occupancy average for lone drivers and car pools of 1.25 persons per car).l -----,--, lMemorandum, Doubletree Inn Employee Travel Survey, LL&G, February 8, 1982. A-16 • • • TRAVEL MODE Auto Driver Auto Passenger Dropped ff Bus Walked Bicycle Total Linscott, Law & Greenspan, Inc., Engineers TABLE A-6 EMPLOYEE TRAVEL SURVEYl Hyatt on Hilton Head Island MONDAX r OCT 2L- RESPONSES PERCENT TRESDAY, OCr 25 RESPONSES PERCENT 30 6 2 8 46 66 13 4 17 100 33 6 3 5 47 70 13 6 11 100 lSource: Sampling of Hyatt on Hilton Head Island employees by Hotel Management. / A-17 • • .' Linscott, Law & Greenspan, Inc., Engineers Field studies of auto occupancy were made betwe,en the hours of 11 AM and 6 PM on Tuesday, October 25. Based on over 800 observations, an overall average of 1.75 persons per car was calculated, which is a composite value for guest, visitor, service and employee traffic. After separating out employees and service trips, the average occupancy for hotel guests during this period is estimated at slightly over i.g. persons per car for all trip types. Based on past LL&G studies, non-guest usage of hotel restaurants and bar space would typically average 2.5 persons per vehicle, and non-guest conferees 3.0 persons per vehicle. Because of limited use of Hyatt facilities by non-guests during our field studies, a strict investigation of these specific occupancy averages was not entirely possible. However, examination of the late night parking demand presented in the following section and comparison to guest room occupancy, estimated employee loadings, and lounge and nightclub occupancy counts suggests average auto occupancies of non-guests for these uses in excess of 3 per car. ~ ~ FIELD STUDIES Field studies of actual parking demand at the Hyatt on Hilton Head Island were conducted for the periods of roughly 11 AM until after midnight on both Monday and Tuesday, October 24 and 25, 1983. Experience at other hotels indicates that such a study duration will isolate all of the periods of potential peak parking demand, such as mid-da~', evening, and late evening time frames. In addition, a spot count was made of parked vehicles at 10 PH on Sunday, October 23. The parking demand studies were performed by field personnel who circulated through the hotel's entire parking area, generally at the start of every hour, keeping tract of the total number of parked cars by component area. License data were also compiled so as to permit a relative assessment of parking duration patterns and place (State) of trip origin. Table A-7 summarizes the parking demand data compiled during these survey rounds and calculates a composite demand factor on a per occupied room basis. Looking at Table A-7, it can be seen that the peak demand in terms of total cars parked occurred at 11 AM and again at 2 PM on Monday, with peak accumulation again at 11 AM on Tuesday. In terms of composite ratios, parking peaked at 0.80 spaces per occupied room on Monday, at 0.83 spaces per occupied room mid-day on Tuesday, and at 0.84 spaces per occupied room at 8 PH on Tuesday. The guest room occupancy shift from 100 percent on Honday to 86.4 percent on Tuesday, assumed effective at the noon check-out time, results in a slight variation in the hour of maximum observed cars parked versus calculated ratio on the basis of occupied room. In any event, this composite ratio of approximately o.so to 0.S5 spaces per room is consistent with A-1S • • • • • Linscott, Law & Greenspan, Inc., Engineers TABLE A-7 PARKING COUNT SUMMARY Hyatt on Hilton Head Island Sunday -Wednesday, October 23-26, 1983 SfJNf¥\X OCT 23 MONDAy CCJ.' 24 TUESOOX 0C".l;' 25 WEPNESOOY CCJ;' 2.Q CARS SP/ccaJPIED CARS SP/CCCUPIED CARS SP/CCCUPIED CARS SP/OCCUPIED TIME PARKED RCXM 1 PARKED Rcx:M 1 PARKED Rca1 1 PARKED RCXM 1 12:30 AM -206 0.57 221 2:00 AM -211 11:00 AM -288 2 0.80 292 0.81 12 NXJN 276 0.77 258 0.83 1:00 IM -282 0.79 234 0.75 2:00 IM -288 0.80 227 0.73 3:00 IM -267 0.74 209 0.67 4:00 IM -256 0.71 205 0.66 5:00 IM -231 0.64 216 0.70 6:00 IM -224 0.62 243 0.78 7:00 IM -196 0.55 250 0.81 8:00 IM -171 0.48 261 0.84 , / 9:00 IM -189 0.53 238 0.77 10:00 IM 190 0.53 213 0.59 229 0.74 11:00 :EM -235 0.65 241 0.78 lReported occupancy was 359 rooms (100 percent) Sunday and Monday evenings, and 310 rooms on Tuesday evening. Factor based on raw count, divided by 359 for the period 10 PM Sunday through 11 AM Tuesday. Factor based on raw count divided by 310 for period 12 noon Tuesday through close of survey. 2Maximum observed demand level and/or calculated space/occupied room factor on key survery days indicated in bold face • A-19 0.71 0.68 • • • • Linscott, Law & Greenspan, Inc., Engineers past LL&G studies of composite mid-day demand at full service hotels in Southern California. 1 Comparison of the Monday and Tuesday data indicates a relatively consistent demand between days at mid-day and throughout the afternoon. Tuesday evening data are significantly greater than those of Monday evening, which can be attributed to Tuesday's on-site banquet for conferees. Monday evening had no banquet function and most guests dined off-site, accounting for its lesser componte parking demand. The late evening composite values exceed those of roughly 0.5 to 0.6 spaces per room derived at the Doubletree Inn in Monterey at full guest room occupancy and conference space commitment. 2 Those data were used to evaluate the parking needs of a new downtown hotel in Monterey, and coincided with the condition of a regional sales meeting (300 conferees) of a company headquartered in Southern California. In any event the Table A-7 data clearly indicate that the mid-day (approximately noon) with conference and evening (roughly 8 PM) with banquet periods are defintely those of maximum total on-site parking demand and should be the targeted periods of demand calculation for the proposed facility in order to ensure adequate parking for the maximum condition. Review of the variation in demand ratio throughout the day and comparison to the scheduled events at the hotel, as well as the usage of eating/ drinking/ nightclub activities, provides a basis for isolating hotel parking demand into the basic components of guest room parking demand, use of public space parking demand, and employee parking demand. Review of the very late evening (early morning) parking demand ratios provides a relative insight into the percentage of guests with vehicles, and thus the background parking demand level for guests throughout the day. The vehicle license plate data suggest very limited turnover of guest vehicles, probably due to the self contained resort character of the facility and continuing conferee events in its meeting/banquet facilities. Off-site travel is often organized into groups, or involves pooling by several conferees. For all of these reasons, and as supported by related traffic generation data, guest vehicles once parked appear seldom used and thus are on-site most of the guest's stay. lLL&G studies of the Marriott-Newport Center, Sheraton-Newport Beach, and Airporter Hotel at John Wayne Airport, 1982 • 2Parking Needs Study, San Carlos Hotel, Linscott, Law & Greenspan, 1981. A-20 • , • Linscott, Law & Greenspan, Inc., Engineers The Sunday evening spot count, while made at 10 PM versus late night/early.morning,.is also a good indicator of the percentage of guests wlth a vehlcle. The serving of alcohol is prohibited in South Carolina on Sundays, and, as such, all bars, lounges, and nightclubs are closed. At 10 PM, the restaurant trade both on and off-site has tapered off, and most guests are in the hotel. Hotel staffing is at or near its minimum, as only a small crew of front desk, housekeeping and residual restaurant personnel are on site. On that basis, the Sunday evening demand ratio of 0.53 spaces per room, at 100 percent occupancy, suggests that approximately half of the hotel guests have a car on site. Adjustments to the very early morning data on Tuesday and Wednesday to remove estimated staff and non-guest nightclub usage (all other uses are closed) confirms this basic relationship. At a maximum, the Wednesday 0.68 and 0.71 space per occupied room composite ratios reflect an isolated guest only demand of 0.60 spaces per room (suggesting that up to 60 percent of the guests have a car on site). The Tuesday data indicate a composite demand of less than that value, and the observed ratio of 0.57 spaces per room can be translated to a guest only demand of roughly 0.54 spaces per room. The parking demand for employees can be estimated using the estimated employees per shift and the composite average of 1 car for every 1.5 on-site employees derived earlier in this Appendix. Because of limited outside use of the hotel's restaurants and lounges, the parking equation during the field studies at the Hyatt on Hilton Head Island resolves itself into basically guest room and employee components only. As such, a guest room demand at 0.60 spaces per room plus employee demand of 0.22 spaces per room, estimated using typical industry staffing patterns and Hilton Head employee survey data,l produces a total composite ratio which virtually reproduces that derived from the parking counts for the peak period (0.60 + 0.22 = 0.82 spaces per room). For design purposes, outside (non-guest) use of restaurant/lounge space should be anticipated as part of the total parking demand calculation. Such demand would be an additive component to guest room and employee demand described above based on estimated non-guest occupancy percentages and auto occupancies. Outside conferee use should also be included based on total guest room-conference space relationships, the residual conference space available to non-guests after fulfilling inhouse commitments, typical usage patterns and auto occupancy averages. lStaffing as follows: 7 days), with 5/7 per for every 1.5 on-site employee. 0.80 total employees per room (all shifts: day, mid-day staff at 60 percent, and 1 car employees; 0.80 x 5/7 x 0.60 + 1.5 = 0.22 A-2l