HomeMy WebLinkAboutSDP 97-01; BELLA LAGO; Site Development Plan (SDP)CITY OF CARLSBAD I
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LAND USE REVIEW APPLICATION
1 APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPARTMENT
USE ONLY)
D Administrative Permit - 2nd I I LI Planned Industrial Permit
LI Administrative Variance - Planning Commission / ft(' Coastal Development Permit )D
Determination
Precise Development Plan (L1I
J
Conditional Use Permit
CondominIii1rmit-
/ L
Redevelopment Permit
Site Development Plan -
0 Environmental Impact 0 Special Use Permit
Assessment
J General Plan Amendment 0 Specific Plan
o Hillside Development Permit Tentative Parcel Map
Obtain from Engineering Department
Coastal Plan Amendment Tentative Tract Map k Local
(v Master Plan
" (Ce-c
0 Variance
LI Non-Residentiallanned 0 Zone Change
Development
Planned Development Permit 0 List other applications not
specified
(FOR DEPARTMENT
USE ONLY)
2) ASSESSOR PARCEL NO(S).: S-(o4--C4
3) ::BE LJ_A LA 6z 0
4) C BRIEF DESCRIPTION OF PROJ
2:1 t-CT-- F5AM 1 04 TACHb
265chT10kL D)c0Y2v.Ekrn
5) OWNER NAME (Prin/ or Type) 6) APPLICANT NAME (Print or Type)
BROOKFIELD 9'ARLSBAD INC. Same as Owner
MAILING ADDRESS / MAILING ADDRESS
12865 Pt. Eel Mar, Ste. 200
fl1 Mir, r4 g7n14 481-8500
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
INFORMATION IS TftUE 4JD CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
KNOWLED . -' Ii CORRECT TO TH BES OF MY KNOWLEDGE.
V. P z -s- 7 v.P -57
SIGNATURE ( DATE SIGNATU DATE
7) BRIEF LEGAL DESCRIPTION 12.
NOTE: iA PROPOS PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M.
A PROPOSED PROJEóTEQtJLRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M.
Form 16 1 PAGE 1 OF 2
rc c rn
4
1 AIL
LOCATION OF PROJECT:
ON THE I 3ooTi.-I I
(NORTH, SOUTH, EAST, WEST)
BETWEEN I 1R& I
(NAME OF STREET)
0
STREET ADDRESS
SIDE OF I BATIQULTO I
(NAME OF STREET)
AND
(NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE I I
10) PROPOSED NUMBER OF LOTS ( 11) NUMBER OF EXISTING 12) PROPOSED NUMBER OF
RESIDENTIAL UNITS 0 RESIDENTIAL UNITS
13) TYPE OF SUBDIVISION 14) PROPOSED IND OFFICE! 15) PROPOSED COMM
SQUARE FOOTAGE SQUARE FOOTAGE
16) PERCENTAGE OF PROPOSED
PROJECT IN OPEN SPACE
17) PROPOSED INCREASE IN
ADT
18) PROPOSED SEWER
USAGE IN EDU
19) GROSS SITE ACREAGE AA 20) EXISTING GENERAL
PLAN
F77- 21)
177
PROPOSED GENERAL
PLAN DESIGNATION
22) EXISTING ZONING 23) PROPOSED ZONING
24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS
TO INSPECT AND ENTEFj.,THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT
TO ENTRY FOR THIS P1(IP0SE -4
SIGNATURE
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE FEE REQUIRED
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
TOTAL FEE REQUIRED I 17co.]
DATE FEE PAID RECEIPT NO. I
Form 16 PAGE 2OF2
I CITY OF CARLSBAD I
LAND USE REVIEW APPLICATION
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPARTMENT S Oo (FOR DEPARTMENT
USE ONLY) USE ONLY)
Administrative Permit - 2nd Planned Industrial Permit
Dwelling Unit
Administrative Variance Planning Commission
Determination
Coastal Development Permit Precise Development Plan
Conditional Use Permit D Redevelopment Permit
E Condominium Permit Site Development Plan
Environmental Impact El Special Use Permit
Assessment
D General Plan Amendment D Specific Plan
O Hillside Development Permit Tcntativc Parcel Map
Obtain from Engineering Department,
0 Local Coastal Plan Amendment Tentative Tract Map
0 Master Plan 0 Variance
O Non-Residential Planned Zone Change
Development
Planned Development Permit 0 List other applications not
specified
2) ASSESSOR PARCEL NO(S).:
3) PROJECT NAME:
4) BRIEF DESCRIPTION OF PROJEC1
5) OWNER NAME (Print orTyp ) 6) APPLICANT NAME (Print or Type)
MAILING ADDRESS MAILING ADDRESS
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
/Ayf
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
KNOWLEDGE. CORRECT TO THE BEST OF MY KNOWLEDGE.
SIGNATURE DATE SIGNATURE DATE
7) BRIEF LEGAL DESCRIPTION
7r - L2üM-07, I
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M.
A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M.
Form 16 PAGE 1 OF 2
0 8) LOCATION OF PROJECT:
STREET ADDRESS
ON THE I I SIDE OF I 6vJo.sfSvs '-' I
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN I k*4 ( AND (7/h i7 I
'(NAME OF STREET) (NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE I
10) PROPOSED NUMBER OF LOTS 11) NUMBER OF EXISTING 12)
RESIDENTIAL UNITS
PROPOSED NUMBER OF
RESIDENTIAL UNITS
13) TYPE OF SUBDIVISION c' 14) PROPOSED IND OFFICE! _ 15)
SQUARE FOOTAGE
PROPOSED COMM
SQUARE FOOTAGE :
16) PERCENTAGE OF PROPOSED 17) PROPOSED INCREASE IN 18) PROPOSED SEWER 7' j
PROJECT IN OPEN SPACE ADT USAGE IN EDU
19) GROSS SITE ACREAGE 20) EXISTING GENERAL ,, 21)
PLAN
PROPOSED GENERAL
PLAN DESIGNATION
22) EXISTING ZONING 23) PROPOSED ZONING
24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS 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
SIGNATURE
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE FEE REQUIRED
RECEIVED BY:
TOTAL FEE REQUIRED
FoR
DATE FEE PAID RECEIPT NO.
Form l6 PAGE 2OF2
S
AV NO. 1126342-15
FIRST AMERICAN TITLE INSURANCE COMPANY
411 IVY STREET, SAN DIEGO, CALIFORNIA 92101
P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776
SEPTEMBER 20, 1996
FIRST AMERICAN TITLE INSURANCE COMPANY
411 IVY STREET
SAN DIEGO, CA.
ATTN: PAT PIPHER
ESCROW NO.: 96-1613P
OUR ORDER NO. 1126342-15
IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE
INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE,
OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF
TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN
HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY
REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS
OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES,
CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY
OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD
BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE
EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT
CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU
WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE
TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN
REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL
LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED
THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED AS OF SEPTEMBER 18, 1996 AT 7:30 A.M.
GREG SPNIOL - T OFFICER
DIRECT DIAL PHONE 23'1-4656
PAGE 1
ORDER NO. 1126342-15
THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
TO BE DETERMINED
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
FEE
THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
(SEE ATTACHED LEGAL DESCRIPTION)
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS
FOLLOWS:
1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1996-97, A LIEN,
NOT YET PAYABLE.
2. A BOND ISSUED UNDER THE 1915 ACT FOR ALGA ROAD, ASSESSMENT NO.
0000, DISTRICT 88-1, WHICH IS CURRENTLY OR WILL BE COLLECTED ON
THE TAX ROLL. PRINCIPAL BALANCE IS: $500,362.26, PROVIDED
CURRENT TAXES ARE PAID.
THIS IS NOT A PAY-OFF AMOUNT.
IF PAY-OFF IS REQUIRED, THERE WILL BE ADDED FEES, INTEREST AND A
PRE-PAY AMOUNT. A DATE OF PAY-OFF WILL HAVE TO BE PROVIDED BY
YOU; AS INTEREST IS COMPOUNDED DAILY.
PLEASE ALLOW 15 WORKING DAYS, AS A REPORT WILL HAVE TO BE ORDERED
FROM AGENCY CONCERNED.
PAGE 2
.
S
ORDER NO. 1126342-15
3. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED
PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE
CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE
STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE.
4. SUPPLEMENTAL TAXES:
THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL
SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN
DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW.
5. AN EASEMENT FOR WATER SYSTEM, SEWERAGE, DRAINAGE, POWER LINE,
EXCAVATION, AND/OR EMBANKMENT FACILITIES AND INCIDENTAL PURPOSES
IN FAVOR OF THE CITY OF CARLSBAD, RECORDED MARCH 11, 1976 AS FILE
NO. 76-071622 OF OFFICIAL RECORDS, LOCATED WITHIN LOT 7 AS SHOWN
ON MAP NO. 12967.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
A PORTION OF SAID EASEMENT WAS ELIMINATED BY CORPORATION
QUITCLAIM DEED OF EASEMENT RECORDED MAY 31, 1990 AS FILE NO. 90-
296040 OF OFFICIAL RECORDS.
G. THE FACT SAID LAND LIES WITHIN A ABRIDGE AND THOROUGHFARE
DISTRICT NO. ill 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.
7. AN AGREEMENT REGARDING TITLE SETTLEMENT AND EXCHANGE AGREEMENT
AND CONVEYANCE OF PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE
TRAIL), DATED JUNE 6, 1988, UPON THE TERMS, COVENANTS, AND
CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: THE STATE OF CALIFORNIA, ACTING BY
AND THROUGH THE STATE LANDS
COMMISSION, WITH THE CONCURRENCE
OF THE CALIFORNIA ATTORNEY GENERAL
AND PACIFIC RIM LAND ASSOCIATES
LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP.
RECORDED: JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 3
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C
ORDER NO. 1126342-15
8. AN EASEMENT FOR PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE TRAIL)
AND INCIDENTAL PURPOSES IN FAVOR OF STATE OF CALIFORNIA ACTING BY
AND THROUGH THE STATE LANDS COMMISSION, RECORDED JUNE 10, 1988 AS
FILE NO. 88-278452 OF OFFICIAL RECORDS, LOCATED WITHIN LOT 7 AS
SHOWN ON MAP NO. 12967.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
9. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL
PRINCIPAL SUM OF $125,000,000.00, AND ANY OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY, RECORDED DECEMBER 23, 1988 AS FILE
NO. 88-661636 OF OFFICIAL RECORDS.
DATED: DECEMBER 20, 1988
TRUSTOR: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
TRUSTEE: FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION
BENEFICIARY: FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION
AFFECTS THE PROPERTY HEREIN DESCRIBED WITH OTHER PROPERTY.
SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION (OPEN
SPACE) RECORDED APRIL 14, 1989 AS FILE NO. 89-196176 OF OFFICIAL
RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL
14, 1989 AS FILE NO. 89-196177 OF OFFICIAL RECORDS.
SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION (TRAIL)
RECORDED APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL
RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED APRIL
14, 1989 AS FILE NO. 89-196179 OF OFFICIAL RECORDS.
SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT RECORDED JUNE
29, 1989 AS FILE NO. 89-345755 OF OFFICIAL RECORDS, BY THE TERMS
OF A SUBORDINATION AGREEMENT RECORDED JUNE 29, 1989 AS FILE NO.
89-345756 OF OFFICIAL RECORDS.
SAID DEED OF TRUST IS SUBORDINATE TO THE MASTER DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED JULY 5, 1989 AS
FILE NO. 89-354659 OF OFFICIAL RECORDS, BY THE TERMS OF A
SUBORDINATION AGREEMENT RECORDED JULY 24, 1989 AS FILE NO. 89-
388407 OF OFFICIAL RECORDS.
SAID DEED OF TRUST IS SUBORDINATE TO THE EASEMENT AND COVENANT
REGARDING CATV SERVICE RECORDED JUNE 1, 1990 AS FILE NO. 90-
298175 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION
AGREEMENT RECORDED JUNE 1, 1990 AS FILE NO. 90-298174 OF OFFICIAL
RECORDS.
PAGE 4
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ORDER NO. 1126342-15
SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION
RECORDED SEPTEMBER 25, 1991 AS FILE NO. 91-0493746 OF OFFICIAL
RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED
SEPTEMBER 25, 1991 AS FILE NO. 91-0493747 OF OFFICIAL RECORDS.
SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION
RECORDED DECEMBER 5, 1991 AS FILE NO. 91-0626216 OF OFFICIAL
RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED
DECEMBER 5, 1991 AS FILE NO. 91-0626217 OF OFFICIAL RECORDS.
AN INSTRUMENT DATED JUNE 22, 1992, RECORDED JUNE 29, 1992 AS FILE
NO. 1992-0406651 OF OFFICIAL RECORDS, EXECUTED AVIARA LAND
ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP
AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION
PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN
PROVIDED.
SAID DEED OF TRUST IS SUBORDINATE TO THE AMENDED AND RESTATED
DEED RESTRICTION RECORDED NOVEMBER 17, 1992 AS FILE NO. 1992-
0734638 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION
AGREEMENT RECORDED NOVEMBER 17, 1992 AS FILE NO. 1992-0734639 OF
OFFICIAL RECORDS.
AN INSTRUMENT DATED AUGUST 31, 1994, RECORDED SEPTEMBER 22, 1994
AS FILE NO. 1994-0563996 OF OFFICIAL RECORDS, EXECUTED BY AVIARA
LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION PURPORTS TO MODIFY THE TERMS OF THE NOTE SECURED BY
SAID DEED OF TRUST AS THEREIN PROVIDED.
SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION
RECORDED SEPTEMBER 18, 1996 AS FILE NO. 1996-0475191 OF OFFICIAL
RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED
SEPTEMBER 18, 1996 AS FILE NO. 1996-0475192 OF OFFICIAL RECORDS.
SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION
RECORDED SEPTEMBER 18,1 996 AS FILE NO. 1996-0475193 OF OFFICIAL
RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED
SEPTEMBER 18, 1996 AS FILE NO. 1996-0475194 OF OFFICIAL RECORDS.
SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION
RECORDED SEPTEMBER 18, 1996 AS FILE NO. 1996-0475195 OF OFFICIAL
RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED
SEPTEMBER 18, 1996 AS FILE NO. 1996-0475196 OF OFFICIAL RECORDS.
PAGE 5
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ORDER NO. 1126342-15
10. 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
11. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER
SHOWING:
DEBTOR: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP
SECURED PARTY: FIRST INTERSTATE BANK OF CALIFORNIA
RECORDED:
DECEMBER 23, 1988 AS FILE NO. 88-661638 OF
OFFICIAL RECORDS.
PROPERTY COVERED: AS SET FORTH THEREIN
AN AMENDMENT TO SAID INSTRUMENT RECORDED JUNE 29, 1992 AS FILE
NO. 1992-0406652 AND JULY 15, 1993 AS FILE NO. 1993-0453042, BOTH
OF OFFICIAL RECORDS.
AN AMENDMENT TO SAID FINANCING STATEMENT WHICH RECORDED SEPTEMBER
22, 1994 AS FILE 1994-0563997 OF OFFICIAL RECORDS.
12. THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CARLSBAD UNIFIED
SCHOOL DISTRICT, AS DISCLOSED BY INSTRUMENT RECORDED MARCH 14,
1989 AS FILE NO. 89-242769 OF OFFICIAL RECORDS.
A NOTICE OF SPECIAL TAX LIEN RECORDED APRIL 9, 1990 AS FILE NO.
90-189679 OF OFFICIAL RECORDS.
13. AN INSTRUMENT ENTITLED "DEED RESTRICTION (OPEN SPACE)", DATED
MARCH 22, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS AND
RESTRICTIONS CONTAINED THEREIN EXECUTED BY AND BETWEEN AVIARA.
LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND
THE CALIFORNIA COASTAL COMMISSION, RECORDED APRIL 14, 1989, AS
FILE NO. 89-196176 OF OFFICIAL RECORDS.
A RELEASE OF DEED RESTRICTION (OPEN SPACE) RECORDED JULY 3, 1991
AS FILE NO. 91-0327679 OF OFFICIAL RECORDS.
14. AN AGREEMENT REGARDING DEED RESTRICTION (LAGOON NORTH SHORE
TRAIL), DATED MARCH 13, 1989, UPON THE TERMS, COVENANTS, AND
CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE
CORPORATION AND THE CALIFORNIA
COASTAL COMMISSION.
PAGE 6
ORDER NO. 1126342-15
RECORDED: APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
15. AN EASEMENT FOR AN OPEN-SPACE EASEMENT IN GROSS AND PERPETUITY
FOR LIGHT, AIR, VIEW, AND FOR THE PRESERVATION OF SCENIC
QUALITIES (LAGOON NORTH SHORE 100' BUFFER) AND INCIDENTAL
PURPOSES IN FAVOR OF THE STATE OF CALIFORNIA, A POLITICAL
SUBDIVISION, RECORDED APRIL 14, 1989 AS FILE NO. 89-196180 OF
OFFICIAL RECORDS, LOCATED WITHIN LOT 7 AS SHOWN ON MAP NO. 12967.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
16. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE,
DATED MARCH 31, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES, LIMITED
PARTNERSHIP, A LIMITED PARTNERSHIP
AND THE CITY OF CARLSBAD.
RECORDED: JUNE 5, 1989 AS FILE NO. 89-296176 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
17. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES IN FAVOR OF CITY
OF CARLSBAD, RECORDED JUNE 29, 1989 AS FILE NO. 89-345755 OF
OFFICIAL RECORDS, LOCATED WITHIN LOT 7 AS SHOWN ON MAP NO. 12967.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
18. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS,
RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS
AND CHARGES, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION
INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON
RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR
NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR
RESTRICTIONS VIOLATE 42 USC. 3604(C) AS CONTAINED IN THE
DECLARATION OF RESTRICTIONS RECORDED JULY 5, 1989 AS FILE NO. 89-
354659 OF OFFICIAL RECORDS.
SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THIS
DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ANY
REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE
SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR
FIRST MORTGAGE.
SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER
DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF
TRUST MADE FOR VALUE.
PAGE 7
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ORDER NO. 1126342-15
FIRST AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED JULY 31, 1990 AS
FILE NO. 90-418521 OF OFFICIAL RECORDS.
SECOND AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED FEBRUARY 8,1991
AS FILE NO. 91-0057543 AND RE-RECORDED MARCH 15, 1991 AS FILE NO.
91-0114756, BOTH OF OFFICIAL RECORDS.
THIRD AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED SEPTEMBER 16,
1991 AS FILE NO. 91-0475307 OF OFFICIAL RECORDS.
FIRST AMENDED AND FULLY RESTATED ASSIGNMENT OF DECLARANT'S RIGHTS
UNDER MASTER DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE AVIARA COUNTRY CLUB AND RESORT, DATED JUNE
22, 1992, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED
THEREIN EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE
BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, RECORDED JUNE 29,
1992 AS FILE NO. 1992-0406653 OF OFFICIAL RECORDS.
A RESTATED SUPPLEMENTARY ANNEXATION FOR PHASE II AND
ADMINISTRATIVE MODIFICATION OF DECLARATION RECORDED FEBRUARY
24, 1994 AS FILE NO. 1994-0124630 OF OFFICIAL RECORDS.
19. AN AGREEMENT REGARDING UNITY OF CONTROL, DATED FEBRUARY 20, 1990,
UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP; DAVIDSON COSCAN
PARTNERS, A CALIFORNIA GENERAL
PARTNERSHIP; LYON COMMUNITIES,
INC., A CALIFORNIA CORPORATION;
RDC DEVCO II LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP; A-
M HOMES, A CALIFORNIA LIMITED
PARTNERSHIP AND BRAMALEA
CALIFORNIA INC., A CALIFORNIA
CORPORATION.
RECORDED: APRIL 16, 1990 AS FILE NO. 90-204778 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 8
. .
ORDER NO. 1126342-15
20. AN EASEMENT AND COVENANT REGARDING CATV SERVICE, DATED APRIL 17,
1990, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN,
EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND DANIELS
CABLEVISION, INC., A DELAWARE CORPORATION, RECORDED JUNE 1, 1990
AS FILE NO. 90-298175 OF OFFICIAL RECORDS.
AN ASSUMPTION AND EASEMENT AGREEMENT DATED APRIL 17, 1990, UPON
THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: DANIELS CABLEVISION, INC., A
DELAWARE CORPORATION AND A-M
HOMES, A CALIFORNIA LIMITED
PARTNERSHIP.
RECORDED: JUNE 1, 1990 AS FILE NO. 90-298179 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
FIRST AMENDMENT TO EASEMENT AND COVENANT REGARDING CATV SERVICE,
RECORDED APRIL 15, 1991 AS FILE NO. 91-0168678 OF OFFICIAL
RECORDS.
21. THE FACT THAT SAID LAND LIES WITHIN THE ASSESSMENT DISTRICT NO.
88-1 (ALGA ROAD), AS DISCLOSED BY INSTRUMENT RECORDED OCTOBER 31,
1990 AS FILE NO. 90-590739 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
22. THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 1, AS DISCLOSED BY INSTRUMENT
RECORDED DECEMBER 19, 1990 AS FILE NO. 90-0674118 OF OFFICIAL
RECORDS.
NOTICE OF SPECIAL TAX LIEN RECORDED MAY 20, 1991 AS FILE NO. 1-
0236959 OF OFFICIAL RECORDS.
23. A HOLD HARMLESS AGREEMENT DATED FEBRUARY 20, 1991, UPON THE
TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP AND CITY OF CARLSBAD.
RECORDED: MARCH 22, 1991 AS FILE NO. 91-0127324 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 9
. .
ORDER NO. 1126342-15
24. A HOLD HARMLESS AGREEMENT DATED JUNE 18, 1991, UPON THE TERMS,
COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP AND THE' CITY OF
CARLSBAD.
RECORDED: JULY 10, 1991 AS FILE NO. 91-0337923 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
25. AN UNRECORDED AGREEMENT DATED JULY 23, 1991, UPON THE TERMS,
COVENANTS, AND CONDITIONS CONTAINED THEREIN, AS DISCLOSED BY
MEMORANDUM OF AGREEMENT, EXECUTED BY AND BETWEEN ODMARK & THELAN
AND THE DAVIDSON COMPANIES PARTNERSHIP, A CALIFORNIA GENERAL
PARTNERSHIP, AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP, RECORDED SEPTEMBER 4, 1991 AS FILE
NO. 91-0453555 OF OFFICIAL RECORDS.
26. AN INSTRUMENT ENTITLED "DEED RESTRICTION", DATED SEPTEMBER 4,
1991, UPON THE TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS
CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVIARA. MASTER
ASSOCIATION, A CALIFORNIA NON-PROFIT MUTUAL BENEFIT CORPORATION,
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND THE CALIFORNIA COASTAL COMMISSION, RECORDED
SEPTEMBER 25, 1991 AS FILE NO. 91-0493746 OF OFFICIAL RECORDS.
27. AN INSTRUMENT ENTITLED "DEED RESTRICTION", DATED NOVEMBER 15,
1991, UPON THE TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS
CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES
LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE
CALIFORNIA COASTAL COMMISSION, RECORDED DECEMBER 5, 1991 AS FILE
NO. 91-0626216 OF OFFICIAL RECORDS.
28. THE FOLLOWING RECITAL AS SHOWN ON MAP NO. 12967:
THE OWNER OF THIS PROPERTY ON BEHALF OF ITSELF AND ALL OF ITS
SUCCESSORS IN INTEREST HAS AGREED TO HOLD HARMLESS AND INDEMNIFY
THE CITY OF CARLSBAD FROM ANY ACTION THAT MAY ARISE THROUGH ANY
GEOLOGICAL FAILURE, GROUND WATER SEEPAGE OR LAND SUBSIDENCE AND
SUBSEQUENT DAMAGE THAT MAY OCCUR ON OR ADJACENT TO, THIS
SUBDIVISION DUE TO ITS CONSTRUCTION, OPERATION OR MAINTENANCE.
29. THE SUBDIVISION MAP REFERRED TO IN THE LEGAL DESCRIPTION HEREIN
CONTAIN VARIOUS RESTRICTIONS IN IMPROVING OR DEVELOPING THE
PROPERTY HEREIN DESCRIBED. REFERENCE IS MADE TO SAID MAP FOR
FURTHER PARTICULARS.
PAGE 10
ORDER NO. 1126342-15
30. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY
RIGHTS OF INGRESS OR EGRESS TO OR FROM BATIQUITOS DRIVE EXCEPT
THOSE PORTIONS NOTED AS "ACCESS OPENINGS" ADJACENT THERETO, SAID
RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 12967.
31. AN EASEMENT FOR SEWER AND INCIDENTAL PURPOSES AS DELINEATED AND
DESIGNATED ON MAP NO. 12967, SUBJECT TO ANY TERMS AND CONDITIONS
CONTAINED THEREIN.
AFFECTS: LOT 7 AS SHOWN ON SAID MAP.
32. AN EASEMENT FOR 20' SEWER AND INCIDENTAL PURPOSES AS DELINEATED
AND DESIGNATED ON MAP NO. 12967, SUBJECT TO ANY TERMS AND
CONDITIONS CONTAINED THEREIN.
AFFECTS: LOT 7 AS SHOWN ON SAID MAP.
33. AN EASEMENT FOR SEWER AND DRAINAGE AND INCIDENTAL PURPOSES AS
DELINEATED AND DESIGNATED ON MAP NO. 12967, SUBJECT TO ANY TERMS
AND CONDITIONS CONTAINED THEREIN.
AFFECTS: LOT 7 AS SHOWN ON SAID MAP.
34. AN EASEMENT FOR DRAINAGE AND ACCESS FOR DETENTION BASIN PURPOSES
AND INCIDENTAL PURPOSES AS DELINEATED AND DESIGNATED ON MAP NO.
12967, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN.
AFFECTS: LOT 7 AS SHOWN ON SAID MAP.
35. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES AS DELINEATED
AND DESIGNATED ON MAP NO. 12967, SUBJECT TO ANY TERMS AND
CONDITIONS CONTAINED THEREIN.
AFFECTS: LOT 7 AS SHOWN ON SAID MAP.
36. AN INSTRUMENT ENTITLED "AMENDED AND RESTATED DEED RESTRICTION",
DATED MAY 8, 1992 UPON THE TERMS, COVENANTS, CONDITIONS AND
RESTRICTIONS CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVIARA
LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND THE CALIFORNIA COASTAL COMMISSION, RECORDED
NOVEMBER 17, 1992 AS FILE NO. 1992-0734638 OF OFFICIAL RECORDS.
PAGE 11
.
ORDER NO. 1126342-15
37. AN AFFORDABLE HOUSING DEVELOPMENT AGREEMENT DATED JULY 29, 1993,
UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND THE CITY OF
CARLSBAD, A MUNICIPAL CORPORATION.
RECORDED: AUGUST 25, 1993 AS FILE NO. 1993-0554264 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
38. AN EASEMENT TO ERECT, CONSTRUCT, CHANGE THE SIZE OF, IMPROVE,
RECONSTRUCT, RELOCATE, REPAIR, MAINTAIN AND USE FACILITIES
CONSISTING OF: UNDERGROUND FACILITIES AND APPURTENANCES FOR THE
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATION
FACILITIES AND APPURTENANCES. THE ABOVE FACILITIES WILL BE
INSTALLED AT SUCH LOCATIONS AND ELEVATIONS UPON, ALONG, OVER AND
UNDER THE HEREINAFTER DESCRIBED EASEMENT AS GRANTEE MAY NOW OR
HEREAFTER DEEM CONVENIENT OR NECESSARY. GRANTEE ALSO HAS THE
RIGHT OF INGRESS AND EGRESS, TO, FROM AND ALONG THIS EASEMENT AND
INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY,
RECORDED AUGUST 10, 1994 AS FILE NO. 1994-0486017 OF OFFICIAL
RECORDS.
THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM
THE RECORD.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
SAID INSTRUMENT FURTHER RECITES:
GRANTOR GRANTS TO GRANTEE THE RIGHT TO ERECT AND MAINTAIN ON
GRANTOR'S PROPERTY IMMEDIATELY ADJACENT TO THIS EASEMENT
RETAINING WALLS AND/OR PROTECTIVE BARRICADES AS MAY BE
NECESSARY FOR GRANTEE'S PURPOSES.
39. AN INSTRUMENT ENTITLED "DEED RESTRICTION", DATED SEPTEMBER 9,
1996, UPON THE TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS
CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES
LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE
CALIFORNIA COASTAL COMMISSION, RECORDED SEPTEMBER 18, 1996 AS
FILE NO. 1996-0475191 OF OFFICIAL RECORDS.
40. AN INSTRUMENT ENTITLED "DEED RESTRICTION", DATED SEPTEMBER 9,
1996, UPON THE TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS
CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES
LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE
CALIFORNIA COASTAL COMMISSION, RECORDED SEPTEMBER 18, 1996 AS
FILE NO. 1996-0475193 OF OFFICIAL RECORDS.
PAGE 12
[]
ORDER NO. 1126342-15
41. AN INSTRUMENT ENTITLED "DEED RESTRICTION", DATED SEPTEMBER 9,
1996, UPON THE TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS
CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES
LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE
CALIFORNIA COASTAL COMMISSION, RECORDED SEPTEMBER 18, 1996 AS
FILE NO. 1996-0475195 OF OFFICIAL RECORDS.
42. THE TERMS, COVENANTS, AND PROVISIONS OF THE PARTNERSHIP REFERRED
TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY
WITH SUCH TERMS, COVENANTS AND PROVISIONS.
1995-1996 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
09132
215-644-04-00
$61,536.20 PAID
$61,536.20 PAID
$2,440,000.00
$_o_
PAGE 13
S .
ORDER NO. 1126342-15
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOT 7 OF CITY OF CARLSBAD TRACT NO. 89-37, AVIARA PHASE II, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MP THEREOF NO. 12967, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, SEPTEMBER 16, 1992.
PAGE 14 T:11/30/95 08:48:36 V: / / : SC 00
O. ER NO. 1145589-22
FIRST AMERICAN TITLE INSURANCE COMPANY
411 IVY STREET, SAN DIEGO, CALIFORNIA 92101
P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776
FEBRUARY 5, 1997
BROOKFIELD -DAVIDSON
12865 POINTE DEL MAR #200
DEL MAR, CA
ATTN: CAROL FORD
YOUR REF: PA 28
OUR ORDER NO. 1145589-22
IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE
INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE,
OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF
TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN
HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY
REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS
OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES,
CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY
OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD
BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE
EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT
CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU
WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE
TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN
REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL
LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF
TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED
THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE
INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
DATED AS OF FEBRUARY 3, 1997 AT 7:30 A.M.
,q"A "'_ &a~- - -
MATINE CARDIN-ALLEN - TITLE OFFICER
D'RECT DIAL PHONE 231-4664
FAX NO. 231-4647
PAGE 1
ii
. .
ORDER NO. 1145589-22
THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
TO BE DETERMINED
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
BROOKFIELD CARLSBAD INC., A CALIFORNIA CORPORATION
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
FEE
THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
(SEE ATTACHED LEGAL DESCRIPTION)
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS
FOLLOWS:
1. A BOND ISSUED UNDER THE 1915 ACT FOR IMPROVEMENT OF ALGA ROAD,
ASSESSMENT NO. 0000, DISTRICT 88-1, WHICH IS CURRENTLY OR WILL BE
COLLECTED ON THE TAX ROLL. PRINCIPAL BALANCE IS: $500,362.26,
PROVIDED CURRENT TAXES ARE PAID.
THIS IS NOT A PAY-OFF AMOUNT.
IF PAY-OFF IS REQUIRED, THERE WILL BE ADDED FEES, INTEREST AND A
PRE-PAY AMOUNT. A DATE OF PAY-OFF WILL HAVE TO BE PROVIDED BY
YOU; AS INTEREST IS COMPOUNDED DAILY.
PLEASE ALLOW 15 WORKING DAYS, AS A REPORT WILL HAVE TO BE ORDERED
FROM AGENCY CONCERNED.
2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED
PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE
CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE
STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE.
PAGE 2
.
C
ORDER NO. 1145589-22
3. SUPPLEMENTAL TAXES:
THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL
SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN
DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW.
4. THE FACT SAID LAND LIES WITHIN A "BRIDGE AND THOROUGHFARE
DISTRICT NO. 111 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.
5. AN AGREEMENT REGARDING TITLE SETTLEMENT AND EXCHANGE AGREEMENT
AND CONVEYANCE OF PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE
TRAIL), DATED JUNE 6, 1988, UPON THE TERMS, COVENANTS, AND
CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: THE STATE OF CALIFORNIA, ACTING BY
AND THROUGH THE STATE LANDS
COMMISSION, WITH THE CONCURRENCE
OF THE CALIFORNIA ATTORNEY GENERAL
AND PACIFIC RIM LAND ASSOCIATES
LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP.
RECORDED: JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
6. AN EASEMENT FOR PUBLIC ACCESS EASEMENT (LAGOON NORTH SHORE TRAIL)
AND INCIDENTAL PURPOSES IN FAVOR OF STATE OF CALIFORNIA ACTING BY
AND THROUGH THE STATE LANDS COMMISSION, RECORDED JUNE 10, 1988 AS
FILE NO. 88-278452 OF OFFICIAL RECORDS, LOCATED WITHIN LOT 7 AS
SHOWN ON MAP NO. 12967.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 3
. .
ORDER NO. 1145589-22
7. THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CARLSBAD UNIFIED
SCHOOL DISTRICT, AS DISCLOSED BY INSTRUMENT RECORDED MARCH 14,
1989 AS FILE NO. 89-242769 OF OFFICIAL RECORDS.
A NOTICE OF SPECIAL TAX LIEN RECORDED APRIL 9, 1990 AS FILE NO.
90-189679 OF OFFICIAL RECORDS.
8. AN INSTRUMENT ENTITLED 'DEED RESTRICTION (OPEN SPACE)', DATED
MARCH 22, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS AND
RESTRICTIONS CONTAINED THEREIN EXECUTED BY AND BETWEEN AVIARA
LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND
THE CALIFORNIA COASTAL COMMISSION, RECORDED APRIL 14, 1989, AS
FILE NO. 89-196176 OF OFFICIAL RECORDS.
A RELEASE OF DEED RESTRICTION (OPEN SPACE) RECORDED JULY 3, 1991
AS FILE NO. 91-0327679 OF OFFICIAL RECORDS.
9. AN AGREEMENT REGARDING DEED RESTRICTION (LAGOON NORTH SHORE
TRAIL), DATED MARCH 13, 1989, UPON THE TERMS, COVENANTS, AND
CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE
CORPORATION AND THE CALIFORNIA
COASTAL COMMISSION.
RECORDED: APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
10. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE,
DATED MARCH 31, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES, LIMITED
PARTNERSHIP, A LIMITED PARTNERSHIP
AND THE CITY OF CARLSBAD.
RECORDED: JUNE 5, 1989 AS FILE NO. 89-296176 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
11. THE LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS,
RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS
AND CHARGES, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION
INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON
RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR
NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR
RESTRICTIONS VIOLATE 42 USC 3604(C) AS CONTAINED IN THE
DECLARATION OF RESTRICTIONS RECORDED JULY 5, 1989 AS FILE NO. 89-
354659 OF OFFICIAL RECORDS.
PAGE 4
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.
ORDER NO. 1145589-22
SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THIS
DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ANY
REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE
SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR
FIRST MORTGAGE.
SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER
DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF
TRUST MADE FOR VALUE.
FIRST AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED JULY 31, 1990 AS
FILE NO. 90-418521 OF OFFICIAL RECORDS.
SECOND AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED FEBRUARY 8,1991
AS FILE NO. 91-0057543 AND RE-RECORDED MARCH 15, 1991 AS FILE NO.
91-0114756, BOTH OF OFFICIAL RECORDS.
THIRD AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED SEPTEMBER 16,
1991 AS FILE NO. 91-0475307 OF OFFICIAL RECORDS.
FIRST AMENDED AND FULLY RESTATED ASSIGNMENT OF DECLARANT'S RIGHTS
UNDER MASTER DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE AVIARA COUNTRY CLUB AND RESORT, DATED JUNE
22, 1992, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED
THEREIN EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE
BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, RECORDED JUNE 29,
1992 AS FILE NO. 1992-0406653 OF OFFICIAL RECORDS.
A RESTATED SUPPLEMENTARY ANNEXATION FOR PHASE II AND
ADMINISTRATIVE MODIFICATION OF DECLARATION RECORDED FEBRUARY
24, 1994 AS FILE NO. 1994-0124630 OF OFFICIAL RECORDS.
12. AN AGREEMENT REGARDING UNITY OF CONTROL, DATED FEBRUARY 20, 1990,
UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP; DAVIDSON COSCAN
PARTNERS, A CALIFORNIA GENERAL
PARTNERSHIP; LYON COMMUNITIES,
INC., A CALIFORNIA CORPORATION;
RDC DEVCO II LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP; A-
M HOMES, A CALIFORNIA LIMITED
PARTNERSHIP AND BRAMALEA
PAGE 5
.
RECORDED: APRIL 16,
RECORDS.
ORDER NO. 1145589-22
CALIFORNIA INC., A CALIFORNIA
CORPORATION.
1990 AS FILE NO. 90-204778 OF OFFICIAL
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
A UNITY CONTROL ASSUMPTION AGREEMENT DATED NOVEMBER 1, 1996, UPON
THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND BROOKFIELD CARLSBAD
INC., A CALIFORNIA CORPORATION
RECORDED: NOVEMBER 12, 1996 AS FILE NO. 1996-0572563 OF OFFICIAL
RECORDS.
13. AN EASEMENT AND COVENANT REGARDING CATV SERVICE, DATED APRIL 17,
1990, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN,
EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND DANIELS
CABLEVISION, INC., A DELAWARE CORPORATION, RECORDED JUNE 1, 1990
AS FILE NO. 90-298175 OF OFFICIAL RECORDS.
AN ASSUMPTION AND EASEMENT AGREEMENT DATED APRIL 17., 1990, UPON
THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: DANIELS CABLEVISION, INC., A
DELAWARE CORPORATION AND A-M
HOMES, A CALIFORNIA LIMITED
PARTNERSHIP.
RECORDED: JUNE 1, 1990 AS FILE NO. 90-298179 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS..
FIRST AMENDMENT TO EASEMENT AND COVENANT REGARDING CATV SERVICE,
RECORDED APRIL 15, 1991 AS FILE NO. 91-0168678 OF OFFICIAL
RECORDS.
AN ASSUMPTION AND EASEMENT AGREEMENT DATED NOVEMBER 6, 1996, UPON
THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: DANIELS CABLEVISION, INC., A DELAWARE
CORPORATION AND BROOKFIELD CARLSBAD
INC., A CALIFORNIA CORPORATION
RECORDED: NOVEMBER 12, 1996 AS FILE NO. 1996-0572562 OF OFFICIAL
RECORDS.
14. THE FACT THAT SAID LAND LIES WITHIN THE ASSESSMENT DISTRICT NO.
88-1 (ALGA ROAD), AS DISCLOSED BY INSTRUMENT RECORDED OCTOBER 31,
1990 AS FILE NO. 90-590739 OF OFFICIAL RECORDS.
PAGE 6
I .
ORDER NO. 1145589-22
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
15. THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 1, AS DISCLOSED BY INSTRUMENT
RECORDED DECEMBER 19, 1990 AS FILE NO. 90-0674118 OF OFFICIAL
RECORDS.
NOTICE OF SPECIAL TAX LIEN RECORDED MAY 20, 1991 AS FILE NO. 91-
0236959 OF OFFICIAL RECORDS.
16. A HOLD HARMLESS AGREEMENT DATED FEBRUARY 20, 1991, UPON THE
TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP AND CITY OF CARLSBAD.
RECORDED: MARCH 22, 1991 AS FILE NO. 91-0127324 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
17. A HOLD HARMLESS AGREEMENT DATED JUNE 18, 1991, UPON THE TERMS,
COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP AND THE CITY OF
CARLSBAD.
RECORDED: JULY 10, 1991 AS FILE NO. 91-0337923 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
18. AN UNRECORDED AGREEMENT DATED JULY 23, 1991, UPON THE TERMS,
COVENANTS, AND CONDITIONS CONTAINED THEREIN, AS DISCLOSED BY
MEMORANDUM OF AGREEMENT, EXECUTED BY AND BETWEEN ODMARK & THLAN
AND THE DAVIDSON COMPANIES PARTNERSHIP, A CALIFORNIA GENERAL
PARTNERSHIP, AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP, RECORDED SEPTEMBER 4, 1991 AS FILE
NO. 91-0453555 OF OFFICIAL RECORDS.
19. AN INSTRUMENT ENTITLED 'DEED RESTRICTION", DATED SEPTEMBER 4,
1991, UPON THE TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS
CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVIARA MASTER
ASSOCIATION, A CALIFORNIA NON-PROFIT MUTUAL BENEFIT CORPORATION,
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND THE CALIFORNIA COASTAL COMMISSION, RECORDED
SEPTEMBER 25, 1991 AS FILE NO. 91-0493746 C' OFFICIAL RECORDS.
20. AN INSTRUMENT ENTITLED "DEED RESTRICTION", DATED NOVEMBER 15,
1991, UPON THE TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS
CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES
LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE
PAGE 7
S
.
ORDER NO. 1145589-22
CALIFORNIA COASTAL COMMISSION, RECORDED DECEMBER 5, 1991 AS FILE
NO. 91-0625216 OF OFFICIAL RECORDS.
21. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY
RIGHTS OF INGRESS OR EGRESS TO OR FROM BATIQUITOS DRIVE EXCEPT
THOSE PORTIONS NOTED AS "ACCESS OPENINGS" ADJACENT THERETO, SAID
RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 12967.
22. AN INSTRUMENT ENTITLED "AMENDED AND RESTATED DEED RESTRICTION",
DATED MAY 8, 1992 UPON THE TERMS, COVENANTS, CONDITIONS AND
RESTRICTIONS CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVIARA
LAND ASSOCIATES LIMITED PARTNERSHIP, A DEI?WARE LIMITED
PARTNERSHIP AND THE CALIFORNIA COASTAi COMMISSION, RECORDED
NOVEMBER 17, 1992 AS FILE NO. 1992-0734638 OF OFFICIAL RECORDS.
23. AN AFFORDABLE HOUSING DEVELOPMENT AGREEMENT DATED JULY 29, 1993,
UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND THE CITY OF
CARLSBAD, A MUNICIPAL CORPORATION.
RECORDED: AUGUST 25, 1993 AS FILE NO. 1993-0554264 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
24. AN EASEMENT TO ERECT, CONSTRUCT, CHANGE THE SIZE OF, IMPROVE,
RECONSTRUCT, RELOCATE, REPAIR, MAINTAIN AND USE FACILITIES
CONSISTING OF: UNDERGROUND FACILITIES AND APPURTENANCES FOR THE
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATION
FACILITIES AND APPURTENANCES. THE ABOVE FACILITIES WILL BE
INSTALLED AT SUCH LOCATIONS AND ELEVATIONS UPON, ALONG, OVER AND
UNDER THE HEREINAFTER DESCRIBED EASEMENT AS GRANTEE MAY NOW OR
HEREAFTER DEEM CONVENIENT OR NECESSARY. GRANTEE ALSO HAS THE
RIGHT OF INGRESS AND EGRESS, TO, FROM AND ALONG THIS EASEMENT AND
INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY,
RECORDED AUGUST 10, 1994 AS FILE NO. 1994-0486017 OF OFFICIAL
RECORDS.
THE ROUTE OR LOCATION OF SAID EASEMENT CANNOT BE DETERMINED FROM
THE RECORD.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
SAID INSTRUMENT FURTHER RECITES:
PAGE 8
S
.
ORDER NO. 1145589-22
GRANTOR GRANTS TO GRANTEE THE RIGHT TO ERECT AND MAINTAIN ON
GRANTOR'S PROPERTY IMMEDIATELY ADJACENT TO THIS EASEMENT
RETAINING WALLS AND/OR PROTECTIVE BARRICADES AS MAY BE
NECESSARY FOR GRANTEE'S PURPOSES.
25. AN INSTRUMENT ENTITLED "DEED RESTRICTION", DATED SEPTEMBER 9,
1996, UPON THE TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS
CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES
LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE
CALIFORNIA COASTAL COMMISSION, RECORDED SEPTEMBER 18, 1996 AS
FILE NO. 1996-0475191 OF OFFICIAL RECORDS.
26. AN INSTRUMENT ENTITLED "DEED RESTRICTION", DATED SEPTEMBER 9,
1996, UPON THE TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS
CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES
LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE
CALIFORNIA COASTAL COMMISSION, RECORDED SEPTEMBER 18, 1996 AS
FILE NO. 1996-0475193 OF OFFICIAL RECORDS.
27. AN INSTRUMENT ENTITLED "DEED RESTRICTION", DATED SEPTEMBER 9,
1996, UPON THE TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS
CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES
LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE
CALIFORNIA COASTAL COMMISSION, RECORDED SEPTEMBER 18, 1996 AS
FILE NO. 1996-0475195 OF OFFICIAL RECORDS.
28. A PERPETUAL EASEMENT FOR OPEN SPACE AS DEDICATED ON THE MAP OF
SAID TRACT WHICH PROVIDES AMONG OTHER THINGS, THAT THE FOLLOWING
SHALL BE PERFORMED ONLY AS PERMITTED BY A SPECIAL USE PERMIT:
EXCAVATION, GRADING OR FILLING OF SAID LAND; CONSTRUCTION OF
BUILDINGS, STRUCTURES OR OTHER THINGS WHATSOEVER UPON SAID LlND;
USE OF SAID LAND FOR OTHER THAN OPEN SPACE AND PARK OR
RECREATIONAL PURPOSES.
AFFECTS: LOTS 17 THROUGH 24 OF PARCEL A.
29. A GENERAL UTILITY AND ACCESS EASEMENT TO THE CITY OF CARLSBAD
OVER ALL OF LOT 34 AS DELINEATED AND DESIGNATED ON MAP 13368.
AFFECTS: PARCEL A.
30. A SIGHT DISTANCE CORRIDOR AREA AS DELINEATED AND DESIGNATED ON
MAP 13368, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED THEREIN.
AFFECTS: LOTS 1 AND 7 OF PARCEL A.
PAGE 9
I •
ORDER NO. 1145589-22
31. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES AS DELINEATED
AND DESIGNATED ON MAP 13368, SUBJECT TO ANY TERMS AND CONDITIONS
CONTAINED THEREIN.
AFFECTS: LOT 29 OF PARCEL A.
32. AN EASEMENT FOR SEWER, DRAINAGE AND INCIDENTAL PURPOSES AS
DELINEATED AND DESIGNATED ON MAP 13368, SUBJECT TO ANY TERMS AND
CONDITIONS CONTAINED THEREIN.
AFFECTS: LOT 21.
33. THE SUBDIVISION MAPS REFERRED TO IN THE LEGAL DESCRIPTION HEREIN
CONTAINS VARIOUS RESTRICTIONS IN IMPROVING OR DEVELOPING THE
PROPERTY HEREIN DESCRIBED. REFERENCE IS MADE TO SAID MAP FOR
FURTHER PARTICULARS.
AFFECTS: PARCELS A AND B.
34. A PERPETUAL EASEMENT FOR OPEN SPACE AS DEDICATED ON THE MAP OF
SAID TRACT WHICH PROVIDES AMONG OTHER THINGS, THAT THE FOLLOWING
SHALL BE PERFORMED ONLY AS PERMITTED BY A SPECIAL USE PERMIT:
EXCAVATION, GRADING OR FILLING OF SAID LAND; CONSTRUCTION OF
BUILDINGS, STRUCTURES OR OTHER THINGS WHATSOEVER UPON SAID LAND;
USE OF SAID LAND FOR OTHER THAN OPEN SPACE AND PARK OR
RECREATIONAL PURPOSES.
AFFECTS: LOTS 56 THROUGH 63 OF PARCEL B.
35. A GENERAL UTILITY AND ACCESS EASEMENT TO THE CITY OF CARLSBAD
OVER ALL OF LOT 65 AS DELINEATED AND DESIGNATED ON MAP 13369
AFFECTS: PARCEL B.
36. A SIGHT DISTANCE CORRIDOR AREA AS DELINEATED AND DESIGNATED ON
MAP 13369, SUBJECT TO ANY TERMS AND CONDITIONS CONTAINED
THEREIN.
AFFECTS: LOTS 35, 38, 48 AND 55 OF PARCEL B.
37. AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES AS DELINEATED
AND DESIGNATED ON MAP 13369, SUBJECT TO ANY TERMS AND CONDITIONS
CONTAINED THEREIN.
AFFECTS: LOT 53 OF PARCEL B.
PAGE 10
4
. .
ORDER NO. 1145589-22
38. CONDITIONS TO GRANT AS CONTAINED IN THE GRANT DEED FROM AVIABA
LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP TO BROOKFIELD CARLSBAD INC., A CALIFORNIA
CORPORATION, RECORDED NOVEMBER 12, 1996 AS FILE NO. 1996-0572554
OF OFFICIAL RECORDS.
SAID CONDITIONS ARE SUBORDINATE TO THE DEEDS OF TRUST RECORDED
NOVEMBER 12, 1996 AS FILE NOS. 1996-0572556 AND 1996-0572557,
BOTH OF OFFICIAL RECORDS.
39. AN OPTION TO REPURCHASE, DATED NOVEMBER 1, 1996, UPON THE TERMS,
COVENANTS AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: BROOKFIELD CARLSBAD INC., A CALIFORNIA
CORPORATION AND AVIARA LAND ASSOCIATES
LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP
RECORDED: NOVEMBER 12, 1996 AS FILE NO. 1996-0572555 OF OFFICIAL
RECORDS.
SAID OPTION TO REPURCHASE IS SUBORDINATE TO THE DEEDS OF TRUST
RECORDED NOVEMBER 12, 1996 AS FILE NOS. 1996-0572556 AND 1996-
0572557, BOTH OF OFFICIAL RECORDS, BY THE TERMS OF A
SUBORDINATION AGREEMENT RECORDED NOVEMBER 12, 1996 AS FILE NO.
1996-0572559 OF OFFICIAL RECORDS.
40. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL
PRINCIPAL SUM OF $15,124,000.00, AND ANY OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY, RECORDED NOVEMBER 12, 1996 AS FILE
NO. 1996-0572556 OF OFFICIAL RECORDS.
DATED: OCTOBER 17, 1996
TRUSTOR: BROOKFIELD CARLSBAD INC., A CALIFORNIA
CORPORATION
TRUSTEE: EQUITABLE DEED COMPANY, A CALIFORNIA CORPORATION
BENEFICiARY: BANK OF AMERICA NATIONAL TRUST AND SAVINGS
ASSOCIATION, A NATIONAL BANKING ASSOCIATION
AFFECTS LOTS 4, 5 AND 8 THROUGH 30 OF PARCEL A, AND LOTS 56
THROUGH 63 OF PARCEL B.
41. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORICINAL
PRINCIPAL SUM OF $3,731,000.00, AND ANY OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY, RECORDED NOVEMBER 12, 1996 AS FILE
NO. 1996-0572557 OF OFFICIAL RECORDS.
DATED: OCTOBER 17, 1996
TRUSTOR: BROOKFIELD CARLSBAD INC., A CALIFORNIA
CORPORATION
TRUSTEE: EQUITABLE DEED COMPANY, A CALIFORNIA CORPORATION
BENEFICIARY: BANK OF AMERICA NATIONAL TRUST AND SAVINGS
ASSOCIATION, A NATIONAL BANKING ASSOCIATION
PAGE 11
. .
ORDER NO. 1145589-22
AFFECTS LOTS 1, 2, 3, 6, 7, 31 AND 32 OF PARCEL A, AND LOTS 35
THROUGH 55 OF PARCEL B.
42. A DEED OF TRUST FOR THE PURPOSE OF SECURING PERFORMANCE OF THAT
CERTAIN AGREEMENT DATED NOVEMBER 1, 1996, RECORDED NOVEMBER 12,
1996 AS FILE NO. 1996-0572560 OF OFFICIAL RECORDS.
DATED: NOVEMBER 1, 1996
TRUSTOR: BROOKFIELD CARLSBAD INC., A CALIFORNIA
CORPORATION
TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY
BENEFICIARY: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
SAID DEED OF TRUST IS SUBORDINATE TO THE DEEDS OF TRUST RECORDED
NOVEMBER 12, 1996 AS FILE NOS. 1996-0572556 AND 1996-0572557,
BOTH OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION
AGREEMENT RECORDED NOVEMBER 12, 1996 AS FILE NO. 1996-0572561 OF
OFFICIAL RECORDS.
DRE NOTE I:
NO KNOWN MATTERS OTHERWISE APPROPRIATE TO BE SHOWN HAVE BEEN DELETED
FROM THIS REPORT, WHICH IS NOT A POLICY OF TITLE INSURANCE, BUT A
REPORT TO FACILITATE THE ISSUANCE OF A POLICY OF TITLE INSURANCE.
FOR PURPOSES OF POLICY ISSUANCE, THERE ARE NO ITEMS TO BE ELIMINATED
ON THE BASIS OF AN INDEMNITY AGREEMENT OR OTHER AGREEMENT SATISFACTORY
TO THE COMPANY AS INSURER.
1996-1997 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
09132
215-644-04-00
$36,868.69 PAID
$36,868.69 PAID
$2,440,000.00 $-o-
$-o-
PAGE 12
. S
ORDER NO. 1145589-22
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
LOTS 1 THROUGH 32 AND 34 OF CITY OF CARLSBAD TRACT NO. 90-31 AVIARA
PLANNING AREA 28 UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13368, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 8, 1996.
PARCEL B:
LOTS 35 THROUGH 63 AND 65 OF CITY OF CARLSBAD TRACT NO. 90-31 AVIARA
PLANNING AREA 28 UNIT 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13369, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 8, 1996.
EXCEPTING FROM PARCELS A AND B ABOVE 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 WAG 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
THE EXTERIOR LIMITER THEREOF, AND TO REDRILL, RETUNNEL, EQUIP,
MAINTAIN, REPAIR,, DEEPEN AND OPERATE 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.
PAGE 13
T:12/17/96 09:01:32 V: / / MF 00
V
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008
4342867
REC'D FROM tiULIL (/: j6474 J)i - DATE
ACCOUNT NO. DESCRIPTION AMOUNT
CP:d- IiWi 1 .L) i'IUi I, 7y)
_v''07/23/97 000101. 02
RECEIPT NO. 41415 NOT VALID UNLESS VALIDATED BY TOTAL
Printed on recycled paper. CASH REGISTER
CITY OF CARLSBAD
1200 ARLSBADLLAGE DRIVE CARLSBAD, AIFORNIA 92008
434-2867
REC'D FROM Li DATE _-O 41
ACCOUNT NO. DESCRIPTION AMOUNT
Pf ( f in.,
Q7 /it /
2319 O2/O/9? 0001 01 02
PIT
RECEIPT NO. 37066 NOT VALID UNLESS VALIDATED BY TOTAL 3€.'?) &
®printed on recycled paper. CASH REGISTER
. .
City of Carlsbad
DISCLOSURE STATEMENT
APPLICANT'S STATEMENT OF DISCLOSURE OR CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY
APPOINTED BOARD, COMMISSION OR COMMITTEE
(Please Print)
The following information must be disclosed:
1. Applicant
List the names and addresses of all persons having a financial interest in the application.
BROOKFIELD CARLSBAD INC.
12865 Pointe Del Mar, Ste. 200
Del Mar, CA 92014
2. Owner
List the names and addressees of all person having any ownership interest in the property involved.
BROOKFIELD CARSLBAD INC.
12865 Pointe Del Mar, Ste. 200
Del Mar, CA, 92014
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names
and addresses of all individuals owning more than 10% of the shares in the corporation or owning
any partnership interest in the partnership.
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the
names and addresses of any person serving as officer or director of the non-profit organization or
as trustee or beneficiary of the trust.
DISCLOS.FRM 2/96 PAGE 1 of 2
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161
0
(Over)
Disclosure Statement Page 2
5. Have you had more than $250.00 worth of business transacted with any member of City staff.
Boards, Commissions, Committees and Council within the past twelve months?
Yes No X If yes, please indicate person(s)
Person is defined as "Any individual, firm, copartnership, joint venture, association, social club, fraternal organization,
corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other
political subdivision or any other group or combination acting as a unit."
(NOTE: Attach additional pages as necessary)
BROOKFIELD CARLSBAD INC. BROOKFIELD CARLSBAD INC.
Signature of Owi 'r/date Signature of applicant/date
E. Dale Gleed - Vice President Elizabeth Zepeda - Secretary
Print or type name of owner Print or type name of applicant
DISCLOS.FRM 2/96 PAGE 1 of 2
CERTIFIED TRUE COPY OF CORPORATE RESOLUTION
(Brookfield Carlsbad Inc.)
AUTHORITY FOR EXECUTION OF CONTRACTS
RESOLVED, that except when otherwise authorized or directed by the Board of
Directors, the Bylaws of the Corporation, or by law, the President, any Vice-
President, the Chief Financial Officer (Treasurer) and the Secretary, or any
Assistant Treasurer or any Assistant Secretary of the Corporation, are authorized
officers to execute and deliver contracts, agreements, documents, certificates and
instruments of the Corporation in the ordinary course of its business which bind
the Corporation, by which the Corporation purports to act, and contracts on behalf
of the Corporation.
RESOLVED FURTHER, that no contract or obligation involving the transfer of
a substantial right in any major asset of the Corporation shall be signed without
prior approval of the Board of Directors or any committee thereof duly authorized
to give such approval.
This is to certify that the foregoing is a true copy of a resolution adopted by the Board of
Directors of Brookfield Carlsbad Inc., a California corporation, on the 5th day of August, 1996,
and that such resolution is still in full force and effect unamended.
In witness whereof, I have hereunto signed my name as Secretary of Brookfield Carlsbad Inc.,
this t ay of January , 1997.
Elizabeth Zepeda, Secretary
[Corporate Seal]
CERTIFICATE OF INCUMBENCY
OF
BROOKFIELD CARLSBAD INC.,
a California Corporation
I, Elizabeth Zepeda, do hereby certify that I am the duly elected, qualified and acting
Secretary of BROOKFIELD CARLSBAD INC., a California corporation (the "corporation"), and
that as such, I am authorized to execute this Certificate on behalf of the Corporation, and I further
certify that:
The following persons have been duly elected to, are duly qualified for, are acting in, and
on the date hereof do hold, the offices of the Corporation set forth opposite their respective names
below:
Name Office
Stephen P. Doyle President
Sandra E. Moore Chief Financial Officer/Vice President
E. Dale Gleed Vice President
R. Casey Scimoor Vice President
Elizabeth Zepeda Secretary
William B. Seith Assistant Secretary
Michael Zessner Assistant Secretary
IN WITNESS WHEREOF, the undersigned has executed this Certificate as of this 15th day
of January, 1997.
Elizabeth Zepeda, Secretary
. I
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: BELLALAGO CT 90-31
APPLICANT NAME: BROOKFIELD CARLSBAD INC.
Please describe fully the proposed project. Include any details necessary to adequately
explain the scope and/or operation of the proposed project. You may also include any
background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
THE PROPOSED PROJECT CONSISTS OF 61.SCENIC, CUSTOM, SINGLE
FAMILY HOMES.
Rev. 4/91 ProjDesc.frm
e
HHDOKFIRII
I-I 0 M E S
TRANSMITTAL
DATE: February 5, 1997
TO: Mike Grimm
FROM: Carol Ford
Direct phone: 794-6172
Fax #: 793-2395
RE: PA 28- SITE DEVELOPMENT PERMIT
Transmitting:
Check in the amount of $6,300
Completed application
Authorized Signatures via Corporation Resolution
3 copies of Preliminary Title Report dated Sept. 20, 1996
2 copies of soils report dated November 7, 1996
600 ft. radius map
List of all property owners within the 600 ft. radius
2 sets of mailing labels for property owners
10 copies of architectural plans (elevations and floorplans) folded to 8-1/2 X 11
1 copy of reduced architectural plans
1 copy of reduced site plan
10 copies of site plan folded to 8-1/2 X 11
1 location map
I oC-O. ?OAQD
Comments:
M1M4I W11ME C
:i '[
PLAN
/ MlASI I
Ma J
PLAN 2
HOUSE lIVES:
I III - ai•
NOTES
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A. Ma toll. SMall 0150 MaNSHA AS 540115 ON Mg TICMa 10141150MPMW VI P 1115130141111 044400 PA. 11 Ma 5054115 44 Sly 54A1540 NA. 340-34.
S 0451 5 A50UCMI6 USSISTO "MM 12114004101 (4 140. 1311250ML 01*. CIOPQIIA 10114- MIMM (III) 41-1375
A. 145 M*4ICCTUIIL 0(344 1141 1013050507 011140MS 0? 1101 CAM Map.
4. (OWL 11144 - 0(4*00 TRACT NI P0-3 14550 lASH N 13315
A. *110 045040 - 44.007 l (PIll HIP NI 15511 5 13010)
7. 111 001101.3 M (0101504011* Will 10 4031114 400W51 (018504011* Mall Ma NI 340-1. 51013 I 14.
424 !vww=4a- -a-
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