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SDP 2019-0014; CARLSBAD OAKS NORTH LOT 2; Site Development Plan (SDP)
Ccityof Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits 0 Coastal Development Permit O Minor D Conditional Use Permit i;zJ Minor O Extension D Day Care (Large) 0 Environmental Impact Assessment D Habitat Management Permit 0 Hillside Development Permit D Minor D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan 0 Special Use Permit i;z] Minor D Tentative Parcel Map (Minor Subdivision) 0 Tentative Tract Map (Major Subdivision) D Variance 0Minor (FOR DEPT. USE ONLY) Legislative Permits C. (,\ f'Z-0-'\-003, > ~pP2-o\t{-00\'\- D General Plan Amendment D Local Coastal Program Amendment 0 Master Plan D Specific Plan D Zone Change □Amendment D Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor O Major Village Review Area Permits D Review Permit D Administrative D Minor O Major (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): 209-121-01-00 LOCATION OF PROJECT: Southwest corner of Faraday Ave & El Fuerte Street NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY Carlsbad Oaks North Lot 2 Please see attached $4.0 million Development No. OB}?,O\<'.\-0 2 ~ 3 P-1 (STREET ADDRESS) ESTIMATED COMPLETION DATE 11/1/20 Lead Case No. snew G\ -OD\<-\ Page 1 of 6 Revised 03/17 JNOtVIOUAL NAMI: (lf-cabfe): ---~-·-· ------- i=~:)!NAME: Car.l~ad ,Qak$ Noflh,Venture$A LP MAIM~G At>l,')RIESS:t . $$7?$ ~nyqrr St.r~ ¥ ij1:$ ~Q' : ~:~gtfrNA~ ¢,9~~1 ~f Meridian Properti~ Re$1~tattt, ln<t, Clf~r:L .. ,. l -----· ...-····..,· ..,.,...,..,,.._ ____ _ . MAILINGAUORES:S:~1 ~hliltd:D~-STE '100 :crrv.~. STA:1'£, ZIP: . .. . . San f1.iegO. ;tAS~'l 10 . ' ~itr\'lfAte. :ztP:t .Qwl~ g;~,Q8.. m~BP~ 61~223-166.S: --------------EMA I l AO O AES. 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PEU)PE:~TV CMINS~ ACkl\l~\M.;E,'t>$~S AN~ ~$8N.T$ TO ,A ~QJ!t~& ·Qf Rlii.$TRIATtON •~e~N~ ~QQ~DS> ON :rae: TtTI.lE TO HIS PRGPSRTY'IF' :COttGtflOfJSP' 'F-Oll ;T'f(g APf>W¢AITT; NPT1¢E OF fffi*-TRIC1lQN$ RUN: WITH THS LANO AND. amo Al'iY'StlCOESS()~$ ltt fft'n:RJ£$1'; . . . . . . . . . FOROITY USE ONLY P-'1 Rf:'.r:FiVED Df:C O 4 2019 I ~yd\ V~le\i\<c."4°' · l R~Eld~11 • ••••· ,_, " •T ••••••-•-- Oedlficatkm $tattfment: I Certify that I llrn: th~. Legat BolbJess Ownet.oMh~ ~u.bJI\Jot, bl.l$in~n: and th-.t ~U ~Hhe above information ts true :~~-==c~~e:1/:~=~fffl;:,:p1l:l!r ;1::aa~t=\,v h~~s::::~tn~ ~~:. Oarl$bad and. its.~~. e_nd, ~pie!)~ from :all cla.rnj"damage Ql'-lf,~iijty t(1:p•t$QO~ -or pro~rty .aria~. ftom Qr cao8~ diteotl! ot 1ind1re¢tl~ bf :th• in$.m,l~Wl Qr pt1ceme;ot of .tb~ ~ub~,~ on; th~ ~tlbltc .sideWatk• ~nd/or the op$1'a.t.ltm ~tfJle.$1lbJeat busine$$o:n fhe.publi<>$f~~watk purs.u~nt to,ffl p,ermltonless.tht da,mrg_e ,or ffabi.lfty w,as o,aU$ed· by t~ -101&-tcfive -~Ug$rt<le-0f'the Glty .o.tOarl~· or ~ offl~ra Qr ~mP.k:>¥~8$. I h-ave. iubmftt$d a Certificate oflnsuratlQ$: tq. ~ Oi\y,of· ParJ$l>t'd' in the-~nnour,t ofont rrulllon d.oltars-ioued by. a: ec:>mp:any Which: h"as .1:\. r~t1n9 Jn·• the. fat(tSt 118-l"J ,R,tlngJ)lJ,fd~"-of"A .. " at ~tte.r ,and ~ 1Jnan•t $ize of:$50~$100 (qurr~tttoless,VtO Pr better :Which. lists-t~~ City _~f ga~~iif $ 11acklitiOn$l,ln$uredr'· and prQWI~· .prtm~rv QQV~rqe t<>· the ,City.. I alsQ agree: to notify th:t ·eny :9fC.$dsba'd.~lttyd~-• prJQrto,~J':lY• cen~llitk»l tr-~p.Jrat101l ofthelp,o1f.~y. Th.e .A.otloe $haA be. deliver~ tp; City 1Pltanner O~pf 0.M$QiJd 1631 :P.araa,~y.,Avttooe Carlt&ad· the .fnsutanQ.$ $"'fl r,mmn .!fl ~·ftr a1 lQOQ ia.$tfi\t prppe;trty 1·s ptaoed on tha ,pub:Uc $idQWafk, or :th:e .b0$iness iS Qperated ~rrthe p,ublic•'Sldew.alk, Thl$: ~~ent l$ .a~~lfioh dtihe l$auance Qtithi$ ac;frnioffl~'Ve P'fmft !Pr tfJe: &ubje(rt of thls pennlt ,o" the pobUc $'1dE3walk~ l un~e~(Uhat ~napprQV~ tlldminlsttativ. pertnlt,sheU. l'errulln" in effect for,~$ l9Q.9: J$ outdoor iji$.P.:I~~ •re permi~ Within tht Vllf-e · ReVie.w A• ahd lht i)$trh:ltt$e ·temalns in ®mpftanc'e 'With lbe$UbJ'$ct approved_pern,:lf. Signature, _______ -_______ _ · Ce""lfio:""1"""' ·Oh._" m. -t: . 1 {I . ~~!,of ~~J~ .. Y.H \ Date:_· _______ _ I C~rtJfy th.at. I ,am the L,eftl;Pgmeg.y ownerfor'.the .$Objea'tbUSltless location ••cUb~t 'iU Qf ttie ab~ve ·fbtormatton Is true .and cortEK~ftcrthe. be$f,ef mt1kll<aWlet!f;f; I, i$1/1JP<i!rt ~e app1ic_Emt'$ requ~stfo.r ~ pen:ttlt tQ'. p(a~ th~ $~]~ proptftY cm th~ pijt);~; si~alki I tmderstand ·ttiatan:·,AArmtsc:t ~~trtitti$.tta\ive J>ermit $hall r'.$tnairi tn ~~ tor·;as IQn_g :a$ outfoor ~l~pta.y,i _are, P.tmiitted WI.thin. the, Vll!Mt. 1.~vi$W Are,a ~nd the permit.tee remain$, in c<:>,mp11$o~ with the s.ubJ~(rt a,pprovec:t P•mlt~ Signature _____ --_---·c___··--_ _J}_..;c._Q;:...,;;·.._·-... -.--<Z___·~-~ ... ,.........,.._ Date::_' _ro_·/_1 _,;;,.ct_/,_.:( __ Re~ect 03117 MERIDIAN PROPERTIES Real Estate, Inc. December 4, 2019 City of Carlsbad Planning & Engineering Departments 1635 Faraday Ave Carlsbad CA 92009 Re: Southwest Comer of Faraday A venue & El Fuerte Street Carlsbad Oaks North Lot 2 Minor Conditional Use and Site Development Plan Submittal Please find enclosed the following documents: • Seven (7) sets of Site Plans Cl-C3, Landscape Plans Sheets 1-7, Site Lighting Plan Sheet 1 and Site Lighting Cut Sheets. • One copy of signed Land Use Review Application Form P-1 • One copy of signed Disclosure Statement Form P-1 (A) • One copy of Project Description Form P-1 (B) with Attachment • One copy of signed Hazardous Waste and Substance Statement Form P-l(C) • One copy of signed Environmental Impact Assessment Information Form P-l(D) with Attachment • One copy of signed Time Limits on Discretionary Projects Form P-1 (E) • Four copies of Climate Action Plan Checklist and Consistency Study as per Form P-30. Prepared by Recon and dated November 25, 2019 • Two copies of Preliminary Title Report and Underlying Documents prepared by First American Title Company and dated November 14, 2019 • Traffic Study to follow as per 11/27/19 email from David Rick • Two copies of Updated Geotechnical Report prepared by Geocon and dated November 1, 2019 (note -cut/fill does not exceed five feet) • One copy of Preliminary Hydrology Study prepared by Excel Engineering • Two copies of signed Storm Water Standards Questionnaire Form E-34 • One copy of Preliminary Storm Water Quality Management Plan Form E-36 prepared by Excel Engineering • Noise Study not required as per 11/14/19 email from Paul Dan • Development Project Public Involvement Package Form P-21 not required as per 11/14/19 email from Paul Dan (mailing labels to follow) • One copy of Property Photographs taken one site from the north, south, east and west • One copy of Property Photographs taken from across El Fuerte St. and Faraday Ave. Sincerely, ~){c__ Mike Kalscheur President 3405 Highland Drive, Suite 100 :--i Carlsbad, CA 92008 7 760.525.8834 7 mkalscheur@mpre-inc.com ,• C cityof Carlsbad DISCLOSURE STATEMENT P-1 (A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of 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. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm , co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in 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." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Michael Kalscheur C /P rt Meridian Properties Real Estate, Inc. Person____________ orp a Title 100% owner Title President 3405 Highland Drive -STE 100 Address Carlsbad CA 92008 ---------------3405 Highland Drive -STE 100 Address Carlsbad CA 92008 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ___________ _ Title ------------- Address ----------- Carlsbad Oaks North Ventures LP. A California Limited Corp/Part._P_a_rtn_ers_hi_P ---------- Title --------------- Address 3575 Kenyon Street -STE 200 San Diego CA 92110 Page 1 of 2 Revised 07/10 ,.. 3. NQN;,PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a noogar:oflt organization or a trust, list the names and addresses of ~ person serving as' an officer ·or direotor of the. non- pr-oflt :organization or as trustee ·or benefloiary-of the;· Non Proflt/Trus . Non Profit/Trost. ________ _ Title. Title_ .. ______________ _ Address __________ _ Address .... __________ _ 4. Havejyou had more than $'500 worth .ofbusin~sstransacted· with any member of City staff, Boards, Commissions. Committees arid/or Co.t:lncll Within the .past twelve (12) montns7 · · D '(es IV!No If yes, pl~eJndicatft person{s);,_ ________ _ NOTE: Attach additional sheets if necessary. I certify that ~II the above Information is true andoorrectto the best of my knowledge. -. C; . _Q ~;? 1dl'tla1 _ _ .F . ·.· . • ····. -· Slgrnature ofowoer/~ate .1gnature .of a.pp cant/date C&J--~tuJl&"k~ Y~~~~LP oh---f(JGHML ~~; ~$ ~IJ:6µf"oF e-i · -rr 6 ie... r: ttG,. 1e~ rat fa"''~ Hi.1!£WnLZ t~as, Jef~ .$r'd:a£ 1JJG, Pri~~r~~~~~ Pe~~r Prlhtortypenameof'tppJloant ----------------·· Signature of owner/applicant'$ agent if applicable/df!te Print or'type name of owner/applicant'$ ~gent P-1(A} Page2of-2 Revised 07/10 ( Cicyof Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: CARLSBAD OAKS NORTH -LOT 2 APPLICANT NAME: MERIDIAN PROPERTIES REAL ESTATE, INC. Please describe fully the proposed project by application type. 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: P-1(B) Page 1 of 1 Revised 07/10 ----·---,,...-~ ... ,,_, ____ _ PROJECT DESCRIPTION FORM P-l(B) The Carlsbad Oaks North Lot 2 project is located at the southwest corner of Faraday Avenue and El Fuerte Street within the Carlsbad Oaks North business park. We are proposing to develop a 7 .5-acre vacant site to create vehicle storage for Amazon, Inc. that is lacking at nearby distributions buildings. The land use designation in the general plan for this site is Planned Industrial (Pl) and the zoning is Planned Industrial (P-M). Our project's use was deemed to be Vehicle Storage during a pre-submittal meeting with the city of Carlsbad planning and engineering departments. Vehicle Storage is an approved use within the Carlsbad Oaks North specific plan and Planned Industrial zoning; however, it does require an administrative minor conditional use permit. In addition to the CUP, we are seeking approval for a minor site development plan. Carlsbad Oaks North is a 404-acre master planned industrial park that includes approximately 220 acres of open space and 194 acres of planned industrial uses. The business park was subject to an extensive approval process that included an environmental impact report and the creation of the Carlsbad Oaks North specific plan. Having been rough graded as part of the business park development, the site is landscaped along Faraday Avenue and El Fuerte Street but otherwise has very little vegetation or wildlife. Amazon would occupy the entire site on a long-term lease with Meridian Properties Real Estate. Amazon recently signed a separate long-term lease to occupy 220,000 square feet of existing space in a building located at the northeast corner of Palomar Airport Road and Business Park Drive in the city of Vista. Like almost every existing distribution building, this one lacks adequate parking for the number of delivery vans required in a "last mile" operation. Our project would provide a nearby location for approximately 340 delivery vans that are not able to be located on site. Amazon also currently occupies a building located at 2777 Loker Avenue West. While that building does have on-site parking, this project would provide overflow parking in the event more spaces are required. Delivery drivers would arrive at our location in their personal vehicles or by alternative modes of transportation where they would pick up a delivery van and drive to the nearby distribution building. Once there, the van is loaded with orders that are then delivered in the surrounding area. At the end of their shift, drivers would return the delivery van to our site before returning home. They do not come and go from our site through-out the day, nor do they load or unload packages, have semi-trucks on site, maintain vehicles or undertake any other operational efforts there. It's solely a place to pick up and return delivery vans, and as such does not require any on site amenities or services. Amazon's logistical process is very advanced and designed in a way that the distribution building employees are able to keep up with the loading of the delivery vans. To do this, they will have approximately 30 drivers arrive at our site and then leave for the distribution building beginning at 7:30 am. Another 30 drivers would arrive a half-hour later and this process would continue until 9:30 for a total of 150 employees. An additional three groups of 30 drivers will do the same thing beginning at noon and ending at 1 :00 pm, resulting in another 90 employees and ,., ... •--,.,,., a total of 240 utilizing the site. The first group of drivers will return to the lot every half hour in ~roups of about 30 beginning at 4:00 pm and ending at 6:00 pm with the second group returning to the site beginning at around 8:00 pm. While we need to maintain the flexibility to access the site on a 24-hour basis, the operations are only expected to occur between 7:00 am and 10:00 pm. When the Carlsbad Oaks North project was approved, the traffic assumptions were based on our site being used for specialty retail. Our project will result in significantly less traffic than specialty retail would have generated. Further, the staggered nature of personal vehicles and delivery vans arriving and departing from the site will help to spread out the traffic impacts of our project and mitigate the amount of traffic added at the peak of rush hour. We are currently in discussions with the city of Carlsbad engineering department to establish the parameters for a traffic analysis that's specific to our use. We are not proposing to use the access point on Faraday that was planned for with the Carlsbad Oaks North approval. Instead, that access point would be for emergency vehicles only. It's imperative that we have full access for left and right turns into and out of the site since we will only have one point of ingress and egress. We understand the need to meet Carlsbad's Traffic Demand Management plan and are showing infrastructure measures on our site plan that will make it easier for delivery drivers to bike to our site as well as carpool or take other forms of alternative transportation, including the Carlsbad Connector. However, we are still working with Amazon on how to best meet the non- infrastructure requirements of the TOM and would like to supplement our application with that information at a later date. Our site plan and landscape plans have been prepared in an effort to meet all the requirements to the Carlsbad Oaks North specific plan and Planned Industrial zoning. We have included far more trees than what is required by code to soften the appearance of our parking lot and add shade within the parking area. The specific plan and zoning code require one tree for every four parking stalls. We have exceeded that ratio by a total of 34 trees and are using a ratio of one tree for every 2.9 stalls. Our site is effectively screened from view by the existing grades along Faraday Avenue, but we've added an attractive landscape barrier along El Fuerte to properly screen the lot from view. Additional landscaping will be added along Faraday as well. All site lighting is directed down and towards the middle of the site to limit the amount of spillover of lighting along the property lines. Our use is consistent with the city's general plan, and as such is consistent with the growth projections used in Carlsbad's Climate Action Plan. The CAP checklist is included in our application and shows that we are making the entire site EV Ready as opposed to just the 10% that's required. This represents an investment of several million dollars. Amazon has made an extreme commitment to reducing its impact on the environment. It was the first company to commit to a "climate pledge" of achieving net zero carbon emissions by the year 2040, a full ten years earlier than the Paris Accord. In addition, Amazon has pledged to use 80% renewable energy by the year 2024 and 100% renewable energy by the year 2030. Part of that commitment includes an order for 100,000 electric delivery vans, which will essentially double the number of electric delivery vans in existence today. The vans will start being placed into service in 2021, which is the reason our site will be 100% EV Ready. While it's impossible to quantify, the ability to locate their last-mile operations as close to the final delivery point as possible results in a reduction of carbon emissions as well. Without this . . , .. project, vans would have to drive from further away and come into and out of Carlsbad from the surrounding area which would add to traffic congestion and emissions. In short, we believe our proposed project is consistent with all applicable land use regulations, is well designed and enhances community at large by locating a service that most Carlsbad residents use within the city. We've tried to make our application as complete as possible and will quickly address any and all discrepancies. We look forward to working with the city on this application. (cicyof Carlsbad HAZARDOUS WASTE ANO SU;BSTANCES STA 'JE,M,E'NT Development Services Planning Division 1635 Faraday Avenue (160) eoi-4510 www;carlsbadca.gov p .. 1(C) Consultation of lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have cons1,1lted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (c~eok one): Ii] The development projectand any alternatives,proposed in this application :are not contained on the lists compiled pursuant to Section 65982.5 of. the State Government Code. ·· · · ·· ·· · D The development project and ~ny alternatives prop,e>sed in this application.!!:! contained on the. lists compiled pursuant to Section 65962.5 of the State GovemmentCode. APPLICANT Meriqian Pro.perties Bea~ Estate, Jnc. Name: ___________ __, __ 3405 Highlal'.ld Drive -STE 100 Address: .· . Carlsbad CA 92008 760~525-8834 Phone Number: · · ------------ PROPERTY OWNER Carlst>ad Oaks North Ventures, LP Name:. _________ _ 3575 Kenyon Street -STE 200 Address=----------- San Diego CA 92.1.10 619-223-1663 Phone Number:_. --------- Southwest corner of Far~iY Ave & El Fuerte Street Address. of Site: · CltyofCarlstiad;-san Diego County . . Local Agency (City and County): . . . .· · · ---.,-,,,...i:.o""'t2,.,..o"""fC,,...arl=J1ba-d=J=.rac-..,tNo,... . ...,._9,...7.=13-..,.,.1,..-:M,-.-ap...,.14"""926,..,.. .. ,...,·A"""~N~2=09....,.1""21"""'-o,.,..1~00=---- Assessor's book, page, and parcel number: _________________ _ NA . Specify list(s): ____________________________ _ NA Regulatory lcientificatlon Number:_· ----------------------NA Date of List:_·--------------------------- ~·_etbate '~(J -~, \ . . : . t'. • It lq l 't Property Owner .Slgnature/D~te The Hazardous Waste and Substances Sites Li$t (Cortese List) is used by the State, local age11cies and developers. tQ; -~mply with th.e California E:nvironmentatQµality A~ requirements in providing information abolit the ,location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 02/13 Per· the California Environmental' Proteotion Agency's website, "While Government Code Section 6596.2.& [referr.ed to iil$ the Corte$e Li$t] makes reference to. the preparation of a_ "list," many changes have occurred related to web .. based information acce$s sirtce [the amended statute's effeethte date in] 1992 aad this infQrri,at!on is now,largely available on the lntemet sites of the resp.orisfble orgarlizatlot1S~ Ttiose req,uesting a, ~opy ofthe, Cotte$e' ilJitW' are now referred directly to tt1e appropriate •ir,tform~tion resources cont~ned on the Jnt,met web sites '.of the boards or departl11ents that are referenced irrtn:e statute.11 Below is a list of agencies thcat ,majntain information regarding hazardous wa&te and $µbstances sites. Department:ot Toxic $Ub$taoc;e-. CQl'llrol www.calepa;ca.gov/sitedeanup/CorteseUstfdefaUlt::htm www,calepa.ca.govJdatabase/oalSites . . . . . - www.envirostor.dtsc.ca~gov/ptibfic . EhviroStor Help DEii$k,.(9t$f323 .. 3400 State Water ,Re•ources Control Bc>ard http://geotracker.waterboards.ca.govi· C()u.n_ty ()f s,.n DJego Department 9f,Environmental HeaJtl'l.Services www.co.s@A~':'Qlego.ca,us/deb Hazardous M,teriaf• Division Wwy;.§dgounty;c@.gov/deli/bazmat/hazmat permits.html Mailing Addre$s: -· · · · · ·· · · · · · · C.ounty otSan Diego O~partment:-<>f En.viron111eotal Health P.O. BQx 12$261 .... . S,an Oi~go, CA 92112-9261 Call Duty Specialist for technical questions at (85ij)., 505~aaoi fax (858,) 50Q ... S8f38 ,(fax} Env1ron1r,1en~I Protecrtion,-Agtncy National Prioritie$ Sites (''Sur:,erfund" or ••eeRCLIS") www;ep@.gQv/supetfund/sites/cursites (aoo}424-9346 or c102> 284-8214 · · National Priorities List Sites in the United States www.epa.gov/suoetfund/sites/npl/npl.htm P-1(C) Page2 of2 Revised 02113 ,-..:.--------------; -------------- Ccicyof Carlsbad EIA INFORMATION FORM P-1(0) "'~ INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form -Initial Study. P-1(0) Page 1 of 4 Revised 07 /10 '-'· .,,,,, ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ___________ (To be completed by City) Application Number(s): ________________________ _ General Information 1. Name of project: Carlsbad Oaks North -Lot 2 2. Name of developer or project sponsor: Meridian Properties Real Estate, Inc. 3. Address: 3405 Highland Drive -STE 100 City, State, Zip Code: Carlsbad CA 92008 Phone Number: 760-525-8834 Mike Kalscheur Name of person to be contacted concerning this project: ___________ _ Address: 3405 Highland Drive -STE 100 City, State, Zip Code: Carlsbad CA 92008 Phone Number: 760-525-8834 Add f P . t Lot 2 -Carlsbad Oaks North (southwest corner of Faraday Ave & El Fuerte Street) 4. ress o roJec: _______________________ _ Assessor's Parcel Number: 209-121 -01-00 --------------------- 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Minor conditional use permit -minor site development permit 6. Existing General Plan Land Use Designation: Planned Industrial (Pl) 7. Existing zoning district: Planned Industrial (P-M) 8. Existing land use(s): _V_a_c_a_n_t_lU_n_d_e_v_e_lo_p_e_d _____________ _ 9. Proposed use of site (Project for which this form is filed): Vehicle Storage Project Description 10_ Site size: 7.52 acres/327,571 square feet 11. 12: 13. 14. P-1(D) Proposed Building square footage: _N_A _________________ _ Number of floors of construction: _N_A __________________ _ Amount of off-street parking provided: approximately 347 stalls Associated projects: _N_A _____________________ _ Page 2 of 4 Revised 07/10 . . 15. If residential, include the number of units and schedule of unit sizes: _N_A _________ _ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: NA 1 If · d t · I · d" t · d I h"ft d I d. f .1. . Project does not 7. m us na, m Ica e type, estimate emp oyment per s 1 , an oa mg acIItIes: include a building. Consists only of parking stalls. Delivery vans will be parked on site. Employees will arrive at the site at the begining of a shift, pick up a delivery van and drive to a nearby distribution building for loading. Employees will will return the van at the end of a shift. Approximately 240 employees between the hours of 7:00 am and 10:00 pm. 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: NA 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: The use is an allowed use within the P-M zoning, but subject to an administrative conditional use permit. P-1 (D) Page 3 of 4 Revised 07/10 t Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or □ 0 roads. 22. Change in pattern, scale or character of general area of project. □ 0 23. Significant amounts of solid waste or litter. □ 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ 0 27. Site on filled land or on slope of 10 percent or more. □ 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ 0 31. Relationship to a larger project or series of projects. □ 0 Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, stat ments, and information presented are true and correct to the best of my knowledge and belief. Date: f 1 -~ ~ -I f For: P-1(D) Page 4 of 4 Revised 07/10 EIA INFORMATION FORM P-l(D) 32. The project site is a triangular shaped 7 .52-acre vacant site located at the southwest corner of Faraday Avenue and El Fuerte Street. The site is located within the Carlsbad Oaks North business park, and as such was subject to an environmental impact report. The site has been rough graded as part of the business park development, it gently sloping from west to east and south to north. A temporary sediment basin exists in the northeastern corner of the site. The Faraday Avenue and El Fuerte frontages have been landscaped and are irrigated and maintained by the Carlsbad Oaks North owner's association. The southern and western property lines abut permanent open space that was established as part of Carlsbad Oaks North. The open space to the south includes a fairly steep grade that rises approximately thirty-five feet and abuts five buildings located on Loker Avenue West. Having been rough graded, the soils are stable with very little in way of current plant or animal life. Cultural, historic and scenic aspects of the site were addressed as part of the Carlsbad Oaks North approval process and not found to be significant. (see photos on attached sheets) 33. The surrounding properties include the rest of Carlsbad Oaks North, which are single-story industrial buildings (some with high levels of office build-out and others more warehouse in nature), vacant land zoned for additional industrial and a planned but not yet developed senior housing project immediately across Faraday Avenue. Other uses include the open space and public trails within Carlsbad Oaks North and the industrial buildings located to the south in Carlsbad Oaks along Loker Avenue West. The plants, animals, cultural, historical and scenic aspects of the surrounding area were addressed in detail in the Carlsbad Oaks North environmental impact report and specific plan (approved in 2002 and amended in 2016). Carlsbad Oaks North consists of approximately 194 acres of planned industrial uses and 220 acres of open space. The overall project represents an agreement between the landowner, city of Carlsbad, state of California and federal wildlife agencies to establish a Habitat Management Plan. The extensive amount of open space maintains a habitat of diverse wildlife and plant types. (see photos on attached sheets) ,, .. --------------: Ccityof Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-461 o. ~~ j Applicant Signature: -::>7""'"'-~;......-=:::...=:::;;__ ____ ~--'~'---=-..-V'---~~-=----====-=--- Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 RECON November 25, 2019 Mr. Mike Kalscheur Meridian Properties An Employee-Owned Company 3405 Highland Drive, Suite 100 Carlsbad, CA 92008 Reference: Carlsbad Oaks North Lot 2 Parking Lot Climate Action Plan Consistency (RECON Number 9586) Dear Mr. Kalscheur: The proposed Carlsbad Oaks North Lot 2 Parking Lot project is located at the intersection of Faraday A venue and El Fuerte Street in the city of Carlsbad, California. The project would construct an approximate 350-space parking lot on a currently undeveloped 7.5-acre site (Attachment 1). The parking lot would serve as overflow parking for an existing distribution building located approximately two miles east of the project site at the corner of Business Park and Palomar Airport Road within the city of Vista. Operations would involve employees driving their personal vehicles to the parking lot, exchanging their vehicles for a delivery van, and driving the van to the distribution center. In September 2015, the City of Carlsbad (City) adopted a Climate Action Plan (CAP) that outlines actions that the City will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions (City of Carlsbad 2015). The CAP is a plan for the reduction of GHG emissions in accordance with California Environmental Quality Act (CEQA) Guidelines Section 15183.5. Pursuant to CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b), a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP. The purpose of this letter is to demonstrate the project's consistency with the City's CAP. The CAP Consistency Checklist is provided in Attachment 2. The following is supporting documentation for the responses provided in the CAP Consistency Checklist. CAP Consistency Checklist Step 1 -Land Use Consistency Step 1 of the CAP Consistency Checklist is to determine if the project is consistent with the growth projections used in development of the CAP. If a project is consistent with the existing General Plan land use and specific/master plan or zoning designations, then the project would be consistent with the growth projections used in the CAP. The project site is designated and zoned as Planned Industrial. The project would be consistent with this designation. CAP Consistency Checklist Step 2 -CAP Ordinance Compliance Requirements Step 2 of the CAP Consistency Checklist documents a projects compliance with the City's CAP ordinances. In March 2019, the City Council adopted several ordinances aimed at reducing GHG in new construction and alterations to existing buildings. Projects requiring building permits will be subject to these ordinances, which address the following: • Energy efficiency (Ord. No. CS-34 7) • Solar photovoltaic systems (Ord. No. CS-347) 1927 Fifth Avenue, San Diego, CA 92101 I 619.308.9333 I reconenvironmental.com SAN DIEGO I BAY AREA I TUCSON Mr. Mike Kalscheur Page 2 November 25, 2019 • Water heating systems using renewable energy (Ord. Nos. CS-347 and CS-348) • Electric vehicle charging (Ord. No. CS-349) • Transportation demand management (Ord. No. CS-350) As stated in the CAP Consistency Checklist, these CAP ordinances are applicable to development projects that require a building permit (i.e., new building construction or alterations) (City of Carlsbad 2015, 2019). The project is a proposed parking lot and does not propose construction of any new buildings or structures. Therefore, the CAP ordinances are not applicable to the project. However, the project would implement certain measures related to the CAP ordinances, as follows: • Energy Efficiency -All lighting installed on the project site would be energy-efficient light-emitting- diode (LED) lighting. • Solar photovoltaic systems -This ordinance is not applicable to the project. • Water heating systems -The project would not include any water heating systems. This ordinance is not applicable to the project. • Electric vehicle charging -For the project, the CAP and ordinance number CS-349 requires that 10 percent of the parking spaces (for a total of 36 parking spaces) be equipped with the necessary wiring to be electric vehicle (EV) capable, and that 50 percent of those (18 parking spaces) be equipped with the necessary EV charging equipment. The applicant would significantly exceed the minimum number of required EV charging stations and EV ready parking spaces. The applicant has recently agreed to purchase 100,000 electric delivery vans as a part of its Climate Pledge to achieve net zero carbon emissions by year 2040. This will double the amount of electric delivery vans in the world, and these vans will begin being placed into service in 2021. In order to accommodate the new electric delivery fleet, 100 percent of the proposed parking spaces would be EV capable and, as required by the CAP, 18 would be equipped with EV charging equipment. • Transportation demand management -A transportation demand management plan is currently being prepared for the project. In conclusion, because the project would be consistent with the existing land use and zoning designations, and because the project would implement all applicable CAP ordinances, it can be concluded that the project would be consistent with the City's CAP. Sincerely, ~~ Jessica Fleming a Air Quality Specialist JLF:jg Attachments References Cited Carlsbad, City of 2015 Climate Action Plan. September 2015. 2019 Guidance to Demonstrating Consistency with the Climate Action Plan For Discretionary Projects Subject to CEQA. Updated April 2019. ----------·"------··-··. ATTACHMENTS ---------- ATTACHMENT 1 Site Plan ATTACHMENT 2 City of Carlsbad Climate Action Plan Consistency Checklist -- C cicyof Carlsbad PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that are subject to discretionary review or require a building permit. APPLICATION SUBMITTAL REQUIREMENTS A The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances. A If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. A The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. A Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency .for. discretionary development is to assess the project's consistency with the growth projections used in t~e development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric tons of CO2 equivalent (MTCO2e) GHG will be subject to a project- specific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. Checklist Item (Check the appropriate box c11d provide ell explanation and supporting documentation for your answer) A Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project indude a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project when compared to the existing designations? Yes No □ If "Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance lo Demonstrating Consistency with the Climate Action Plan. If "No", proceed to Question B. B. The CAP established a screening threshold of 900 MTCCne/year for new development projects to assist in determining consistency with the CAP. The types and sizes oftypical projects listed below have been determined to correspond to the CAP screening threshold. WII the proposed lahd use change result in the construction of less than any one of the following? • Single-Family Housing: 50 dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet • Retail Store: 11,000 square feet • Grocery Store: 6,300 square feet • Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine whether it is below the 900 MTC020/year screening threshold. If "Yes", proceed to Step 2 of the checklist. □ □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section 15091 . Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2-of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQUl~EMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. Project No./Name: Carlsbad Oaks Lot 2 Parking Lot Property Address/APN: APN 2091210100 Applicant Name/Co.: Mike Kalscheur/Meridian Properties Applicant Address: 3405 Highland Drive Suite 100, Carlsbad, CA 92008 Contact Phone: 760-525-8834 Contact Email: mkalscheur@mpre-inc.com Contact information of person completing this checklist (if different than above): Name: Jessica Fleming Contact Phone: 619-308-9333 x177 Company name/address: 1927 Fifth Avenue Contact Email: jfleming@reconenvironmental.com San Diego, CA 92101 Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov. Estimated Building Permit Valuation (BPV): $ _N_/A ______ _ Construc:llon Type Complete Sectlon(I') Notes: D Residential □ New construction I 2A, 3A and 4A □ Alterations: □ BPV ~ $60,000 1A All residential alterations □ BPV ~ $60,000 1A and 4A 1-2 family dwellings and townhouses with attached garages □ Electrical service panel upgrade 4A only Multi-family dwellings only where interior finishes are removed □ BPV ~ $200,000 1A and 4A and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed D Nonresidential □ New construction I 1s, 2B, 3B, 4B and 5 □ Alterations: P-30 Page 3 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist □ BPV <!: $200,000 or additions <!: 1,000 18, 5 square feet □ BPV <!: $1 ,000,000 18, 28 and 5 Building alterations of<!: 75% existing gross floor area □ <!: 2,000 sq. ft. new roof addition 28 and 5 1 B also applies if BPV <!: $200,000 Checkllst Item Check the appropriate boxes, explan al not~ and excep6on lams, aw! pRNide ~ calculations nt docanentaloo as necesaay. 1. Energy Efficiency Please refer to Carlsbad Ordinance No. CS-34 7 and the California Green Building Standards Code (CAL Green) for more information when completing this section. A. D Residential addition or alteration ~ $60,000 building pennit valuation. See Ord. CS-347, Section 8. Year Built Single-family Requirements D Before 1978 Select one: D Duct sealing D Attic insulation D Cool roof D 1978 and later Select one: D Lighting package D Water heating package D Between 1978 and 1990 D 1991 and later li!!f N/A Not residential project D Exception: Home energy score <!: 7 (attach certification) Multi-family Requirements D Attic insulation Select one: D Attic insulation D Duct Sealing D Cool roof Select one: D Lighting package D Water heating package B. D Nonresidential* new construction or alterations~ $200,000 building pennit valuation, or additions~ 1,000 square feet li!!f N/A No building permits required See CALGreen Appendix AS, Discussion A5.2, as amended in CS-347, Section 3. A5.203.1.1.1 D Outdoor lighting: .90 Allowed Outdoor Lighting Power □ N/A A5.203.1.1.2 D Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) D N/A A5.203.1 .2.1 Choose one as applicable: D .95 Energy budget D .90 Energy budget D N/A A5.211.1 ... D On-site renewable energy D N/A A5.211 .3 .. D Green power (if offered by local utility provider, 50% minimum renewable sources) D N/A A5.212.1 D Elevators and escalators D N/A A5.213.1 D Steel framing D N/A P-30 Page 4 of 7 Revised 04/19 ,. City of Carlsbad Climate Action Plan Consistency Checklist * lndudes hotels/motels and high-rise residential buildings ** For alterations~ $1 ,000,000 BPV and affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addifion: comply with California Energy Code section 120.10 instead. 2. Photovoltaic Systems A. D Residential new construction (for building pennit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.1 (c) 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-348, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calculated kWdc* sheets if necessary) Total System Size: kV\ldc = (CFAx.572) / 1,000 + (1 .15 x #d.u.) *Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type If proposed system size is less than calculated size, please explain. Exception □ □ □ □ kWdc B. D Nonresidential new construction or alterations <!:$1,000,000 BPV and affecting <!:75% existing floor area, or addition that increases roof area by <!:2,000 square feet Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section. Choose one of the following methods: □ Gross Floor Area (GFA) Method GFA: □If< 10,000s.f. Enter: 5 kWdc Min. System Size: □ If.! 1 O,OOOs.f. calculate: 15 kWdc x (GFA/10,000) ~• ___ kWdc **Round building size factor to nearest tenth, and round system size to nearest whole number. □ Time-Dependent Valuation Method Annual TDV Energy use:*** _____ _ x .80= Min. system size: ____ _ kWdc ***Attach calculation documentation using modeling software approved by the California Energy Commission. P-30 Page 5 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist 3. Water Heating A. D Residential and hoteUmotel new construction Please refer to Car1sbad Ordinance CS-347 and CS-348 when completing this section. □ For systems serving individual dwelling units choose one: □ Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) □ Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise residential hotel/motel) or 150.1 (c) 14 (for low-rise residential) □ Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification □ Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors □ Exception: □ For systems serving multiple dwelling units, install a central water-heating system with all of the following: □ Gas or propane water heating system □ Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential) □ Solar water heating system that is either: □ .60 solar savings fraction or 40 s.f. solar collectors □ .40 solar savings fraction, plus drain water heat recovery □ Exception: B. D Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. □ Water heating system derives at least 40% of its energy from one of the following (attach documentation): □ Solar-thermal □ Photovoltaics □ Recovered energy □ Water heating system is (choose one): □ Heat pump water heater □ Electric resistance water heater(s) □ Solar water heating system with .40 solar savings fraction ~ Exception: No water heating systems will be installed 4. Electric Vehicle Charging A D Residential New construction and major alterations* Please refer to Carlsbad Ordinance CS-349 when completing this section. □ One and two-family residential dwelling or townhouse with attached garage: □ One EVSE ready parking space required □ Exception : □ Multi-family residential· □ Exception · Total Parking Spaces EVSE Spaces Proposed Capable I Ready I I I Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number) EVSE Installed= Total EVSE Spaces x .50 (rounded up to nearest whole number) EVSE other= Total EVSE spaces -EVSE Installed (EVSE other may be "Capable," "Ready'' or "Installed.') P-30 Page 6 of 7 Installed I Total I Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation :?: $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit valuation :?: $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. B D Nonresidential new construction (includes hotels/motels) □ Exception · Total Parking Spaces EVSE Spaces Proposed Capable Readv Installed Total Calculation : Refer to the table below: Total Number of Parking Spaces provided Number of required 8/ Spaces Number of required 8/SE Installed Spaces □ 0-9 1 1 □ 10-25 2 1 □ 26-50 4 2 □ 51-75 6 3 □ 76-100 9 5 □ 101-150 12 6 □ 151-200 17 9 ~ 201 and over I 10 percent of total 50 percent of Required EV Spaces 5. D Transportation Demand Management (TOM) A List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee ADT/1 ,000 square feet is selected from the City of Carlsbad Employee ADT Table. Use GFA Employee ADT/1,000 S.F. Total Employee ADT Total 952 If total employee ADT is greater than or equal to 110 employee ADT, a TOM plan is required. *NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P .11 requires new development that adds vehide traffic to vehide LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LOE) staff to determine whether this policy applies to your project. TOM plan required: Yes ~ No □ LOE Staff Verification: □ _____ (staff initials) P-30 Page 7 of 7 Revised 04/19 Site from EF 1 Site from EF 3 Site from E F 2 Site from EF 4 Carlsbad Oaks North Lot 2 Looking West from Across El Fuerte Site from EF 5 Site from EF 6 Site from EF 7 Site from EF 8 Site from EF 9 Site from EF 10 Site from EF 11 Site from EF 12 Site from Faraday 1 Site from Faraday 3 Site from Faraday 2 Site from Faraday 4 Carlsbad Oaks North Lot 2 Looking South From Across Faraday Site from Faraday 5 Site from Faraday 6 Site from Faraday 7 Site from Faraday 8 Site from Faraday 9 Site from Faraday 10 Site from Faraday 11 north to south 1.jpeg north to south 2.jpeg north to south 3.jpeg north to south 4.jpeg Carlsbad Oaks North Lot 2 Site Photos north to south 5.jpeg South to North 1 South to North 2 South to North 3 South to North 4 South to North 5 South to North 6 South to North 7 West to East 1 West to East 2 West to East 3 South to North 8 East to West 1 East to West 2 East to West 3 East to West 4 East to West 5 -., Order Number: NHSC-6045834 (06) Page Number: 2 Revised 11-14-2019 First American Title First American Title Company 4380 La Jolla Village Dr, Suite 200 San Diego, CA 92122 First American Title Insurance Company 4380 La Jolla Village Dr, Suite 110 San Diego, CA 92122 Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Buyer: NCS-980006-SD NHSC-6045834 (06) Dianne Livingston (858)410-1303 (714)913-6750 dslivingston@firstam.com PRELIMINARY REPORT In response to the above 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 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 and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration dause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and AL TA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. 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. First American Title C Dated as of September 06, 2019 at 7:30 A.M. 0 Order Number: NHSC-6045834 (06) Page Number: 3 The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: CARLSBAD OAKS NORTH VENTURES LP., A CALIFORNIA LIMITED PARTNERSHIP The estate or interest in the land hereinafter described or referred to covered by this Report is: A 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 in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2019-2020, a lien not yet due or payable. 2. Assessment liens, if applicable, collected with the general and special taxes, including but not limited to those disclosed by the reflection of the following on the tax roll: Community Facilities District Carlsbad CFD #3 IMP 2. 3. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 1, as disclosed by Notice of Special Tax Lien recorded May 20, 1991 as Instrument No. 1991-0236959 of Official Records. Document(s) declaring modifications thereof recorded June 29, 2004 as Instrument No. 2004- 0606773 of Official Records. 4. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First American Title . --•-·· -·----------- 5. Intentionally Deleted 6. Intentionally Deleted ' ., Order Number: NHSC-6045834 (06) Page Number: 4 7. An offer of dedication for slopes and temporary construction and incidental purposes, recorded February 11, 2004 as Instrument No. 2004-0109582 of Official Records. To: The City of Carlsbad, Municipal Corporation Said document further recites: The Granter, for himself, his successors and assigns, hereby waives any claims for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said street and utilities. 8. The terms and provisions contained in the document entitled Notice of Restriction on Real Property recorded November 9, 2004 as Instrument No. 2004-1066056 of Official Records. 9. The terms and provisions contained in the document entitled Notice and Waiver Concerning Proximity of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation Corridors Case No: CT 97-13 recorded November 9, 2004 as Instrument No. 2004-1066058 of Official Records. 10. Abutter's rights of ingress and egress to or from Faraday Avenue and El Fuerte Street, have been dedicated or relinquished on the filed Map, except at those certain access openings as shown on said map. 11. An easement shown or dedicated on the Map as referred to in the legal description For: Proposed private drainage, sewer and incidental purposes. 12. The following matters shown or disclosed by the filed or recorded map referred to in the legal description: Non-Mapping Notes 13. The terms and provisions contained in the document entitled Hold Harmless Agreement Drainage recorded December 15, 2004 as Instrument No. 2004-1180067 of Official Records. 14. The terms and provisions contained in the document entitled Hold Harmless Agreement Geological Failure recorded December 15, 2004 as Instrument No. 2004-1180068 of Official Records. 15. The terms and provisions contained in the document entitled Waiver and Consent to Creation of a Community Fs;1cilities District and Agreement to Pay Share Cost of CT 97-13 recorded December 15, 2004 as Instrument No. 2004-1180069 of Official Records. 16. Intentionally Deleted 17. Intentionally Deleted First American Title 0 Order Number: NHSC-6045834 (06) Page Number: 5 18. The terms and provisions contained in the document entitled Agreement Between Developer/Owner and the City of Carlsbad for the Payment of a Local Drainage Area Fee recorded December 21, 2004 as Instrument No. 2004-1201221 of Official Records. 19. Intentionally Deleted 20. Intentionally Deleted 21. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded February 5, 2007 as Instrument No. 2007-0081082 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code§ 12955 (p)) or ancestry, to the extent such covenants, conditions or restrictions violate 42 U.S.C. § 3604(c), or California Government Code § 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Note: You may wish to contact the homeowners association referred to in the above document for information regarding assessments, transfer requirements or other matters. Document(s) declaring modifications thereof recorded March 20, 2013 as Instrument No. 2013- 0175873 of Official Records. 22. A deed of trust to secure the performance of an agreement or other obligation, recorded August 28, 2012 as Instrument No. 2012-0513984 of Official Records. Dated: August 6, 2012 Trustor: Carlsbad Oaks North Ventures LP., a California Limited Partnership Trustee: SureTec Information Systems, Inc. Beneficiary: SureTec Insurance Company Notes: a. If this deed of trust is to be eliminated in the policy or policies contemplated by this report/commitment, we will require all of the following prior to the recordation of any documents or the issuance of any policy of title insurance: i. Original note and deed of trust. ii. Payoff demand statement signed by all present beneficiaries. iii. Request for reconveyance signed by all present beneficiaries. b. If the payoff demand statement or the request for reconveyance is to be signed by a servicer, we will also require a full copy of the loan servicing agreement executed by all present beneficiaries. c. If any of the beneficial interest is presently held by trustees under a trust agreement, we will require a certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company 23. Water rights, claims or title to water, whether or not shown by the public records. 24. Rights of parties in possession. First American Title . .,,,, Order Number: NHSC-6045834 (06) Page Number: 6 Prior to the issuance of any policy of title insurance, the Company will require: 25. With respect to carlsbad Oaks North Ventures LP., a california limited partnership: a. That a certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) be recorded in the public records; b. A full copy of the partnership agreement and any amendments; c. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; d. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. First American Title -:') Order Number: NHSC-6045834 (06) Page Number: 7 INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. General and special taxes and assessments for the fiscal year 2018-2019. First Installment: Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: $31,253.48, PAID $0.00 $31,253.48, PAID $0.00 09013 209-121-01-00 2. The property covered by this report is vacant land. 3. According to the public records, there has been no conveyance of the land within a period of twenty- four months prior to the date of this report, except as follows: None The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Order Number: NHSC-6045834 (06) Page Number: 8 WIRE INSTRUCTIONS for First American Title Company 1250 Corona Pointe Court, Suite 200 Corona, CA 92879 (951 )256-5880 Fax -(909)476-2401 First American Title Company, Demand/Draft Sub-Escrow Deposits Riverside County, California First American Trust, FSB 5 First American Way Santa Ana, CA 92707 Banking Services: (877) 600-9473 ABA 122241255 Credit to First American Title Company Account No. 3097840000 Reference Title Order Number 6045834 and Title Officer Dianne Livingston Please wire the day before recording. First American Title - LEGAL DESCRIPTION ,.-.. ",..,I Order Number: NHSC-6045834 (06) Page Number: 9 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 2 OF CARLSBAD TRACT NO. 97-13-1, CARLSBAD OAKS NORTH PHASE I, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14926, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 15, 2004. APN: 209-121-01-00 First American Title ~ ~ ::i::. ~ ~ i:)· ~ ~ (l)" 1, 09 I !l I ; I i Ii i j I I ~ ~ I!, I ~ II! I ,. I i g I ~ I ~ II! ; ; ! t § i I : ~ g SHT 1 @ 6 ~UC-~~• -~~~-T. ~~111 Y~~)_. _ • c,\".•" ' .... /'~:-·· OPEN SPACE ? 1~4 - ~ SHT 2 · .. -·-r· ? APPROX. C/1. OF ,, , ' PUBLIC TRAIL ( EASEMENT ·• (WOTH VARIES) ·-. ._) ~ SHT 3 Wfil '29 SHT 2 SIN IEGO Cllfj1\' ASIBSll'S Mlf t 209-12 SHT 2 OF 2 1· = 400' 04/04/05 MO J -·-IIO ,_ ... H,-NI ., ;:-, ·-"" ,,,,,,,, """" 111 . ..., .. .. ,~ NOTE, ACCESS RIGHTS HAVE B€£N RELJNQUISHED ALONG FAIRMJAY AVEac 8. FUERTE ST EXCEPT '1111ERE NOTED BB.OW: 1• APPROX. LOC. 46' -YLl>E ACCESS 2• SlREET ACCESS, ENllRE LOT 9 FRONTAGE 3' APPROX. LOC 40'-IIDE ACCESS am @ SHT 1 MAP 14926-CARLSBAD TCT NO 97-13-01 CARLSBAD OAKS NORTH PHASE 1 _J ( ' -cO DJ .... IC C. (I) !!l zz C: C: 5-5-' (I) (I) J :'? :1 ._.z O::r: (/) () I °' 0 -'=' U1 00 w -'=' ,......, 0 °' ._.. NOTICE ~ ",..,,,I Order Number: NHSC-6045834 (06) Page Number: 11 Section 12413.1 of the california Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub- escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. First American Title - EXHIBIT A Order Number: NHSC-6045834 (06) Page Number: 12 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (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 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. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public, records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, 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 lien or right to a lien for services, labor or material not shown by the public records. First American Title ,...... ... ,,,,,I Order Number: NHSC-6045834 (06) Page Number: 13 CLTA/ ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1 % of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1% of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000 $25,000 $25,000 $5,000 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 that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; First American Title ,-, Order Number: NHSC-6045834 (06) Page Number: 14 (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l{a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l{b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 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 Oaimant 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 (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that 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 an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll{b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE [Except as provided in Schedule B -Part II,[ t[or T]his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [PART I [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that 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; (b) proceedings by a public agency that 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 that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and 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 lien or right to a lien for services, labor or material not shown by the public records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:] 2006 ALTA OWNER'S POLICY (06-17-06} EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to First American Title ,..___ ··._,.,J Order Number: NHSC-6045834 (06) Page Number: 15 (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 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 Oaimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. Toe above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that 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; (b) proceedings by a public agency that 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 that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and 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 lien or right to a lien for services, labor or material not shown by the Public Records. 7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.] ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), First American Title • 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 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 Oaimant 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 (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that 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 an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that 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. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the lltle for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25. 8. Toe failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. First American Title - I Rrst American Title Privacy Information We Are Committed to Safeguarding CuslDmer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, induding the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marlceting services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marlceting agreements. Former Custnmers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. we restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. we currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet In general, you can visit First American or its affiliates' Web sites on the Worid Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy, Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and conuption of the data we maintain. Form SO-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) ----------··-···· .. f. ;, 'i 1545a-DOC# 2004-0109582 . RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: ·• . .., CityClerk C1TY OF CARLSBAD 1200 Cal1sbad Village Dr. Carlsbad, CA 92008 The undersigned grantor(s) declare(s): Documentary transfer tax is $~/# ( ) computed on full value of property conveyed, or ( ) computed on fuH value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and FEB 11. 2004 3:59 IJFICJ(L ~ SAN DIEGO cmm' RmlRDER'S !fFIII amlRV J. SMITH, crufTY RmlllR FEES: 0.00 DC: NA Assessor's Parcel No. 209-050-21 thru 24 Project No. & Name _C'"""T.;.......97_-.;..13 ____ _ Carlsbad Oaks, Faraday Avenue PR 03-94 thN PR 03-97 CONDITONAL IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, cartsbad Oaks North Partners, L.P., a California limited partnership hereinafter designated Grantor, represents that they are the owners of the hereinafter described real property in the City of car1sbad, County of San Diego, State of California, and for a valuable consideration, hereby makes an Irrevocable Offer of Dedication to the City of Carlsbad, Municipal Corporation hereinafter designated Grantee, its successors and assigns, an easement and right-of-way upon, through, under, over and across the hereinafter described real property for the following purpose: AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILllY PURPOSES FOR THE EXTENSION OF FARADAY AVENUE The real property referred to above is situated in the City of Carlsbad, County of San Diego, State of Califomia and is described in Exhibit "A" consisting of fifteen (15) page(s), attached hereto and made a part hereof. Exhibit •e· consisting of nineteen (19) page(s) is attached for clarity only. The Grantor hereby further offers to the City of Carlsbad the privilege and right to extend and access drainage structures, excavation and embankment slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said street and utilities in accordance with the approved Improvement plans. Access rights for drainage structures shall extend a minimum of seven feet (7 .0') on either side of pipe outside diameter or outerwalls of box structures and ten feet (10') beyond all inlet and outlet structures, Including rip rap fields. RESERVING unto Grantor of the above described parcel of land, his successors, or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when In the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing l>Y said Engineer. ---~--------- PM 0 The Granter, for hlmself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said street and utilities. This Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State of California and may only be accepted by resolution of the City Council of the City of Carlsbad following satisfaction of the following conditions precedent. Said acceptance shall not occur prior to the receipt of all environmental Resource Agency permits that are final and non-appealable or subject to judicial challenge required for CT 97-13 In substantial conformance with the approvals, including the mitigation requirements, set forth in City Council Resolution No. 2002-298 adopted October 8, 2002 or any subsequent amendments acceptable to Granter and approved by City Council. Grantee shall notify Grantor in writing at least 60 days prior to the date Grantee Intends to accept said offer. If Granter disagrees with Grantee that the condition precedent has been satisfied, Granter shall notify Grantee in writing within 15 days and the two shall meet and confer in good faith to resolve their differences before Grantee shall proceed to accept the offer. Nothing herein shall prevent either Granter or Grantee from seeking any remedy at law or equity if no common agreement is reached on the matter. This Offer of Dedication may be terminated and the right to accept the offer may be abandoned in accordance with the summary vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. The termination and abandonment may be made by the City Council of the City of Carlsbad. This Offer of Dedication shall be irrevocable for a period of fifteen (15) years and shall be binding on the Grantor, its heirs, executors, administrators, successors and assigns. It Wi~ Whereof, the Grantor has caused this Irrevocable Offer of Dedication to be executed this ____ dayof August ,2003 . Carlsbad Oaks North Partners, L.P. BY: Sun Tech Investments Corp., General Partner -By. --~-t---nW"i~~-:-------ture) Name: _Pa_u_l--K_. _T_c_h_an,..,s,... • ..,.._Pr_e_s_i_de_n_t __ {Type or Print) By: -----.(""'Si,...g-na ... t-ur-e ... ) ____ _ Name: ---=(-r:--yp_e_o_r-P'""'"rin--:t..-) ----- CERTIFICATION FOR ACCEPTANCE OF DEED OFFER TO DEDICATE REAL PROPERTY This is to certify that the interest in real property conveyed by the Irrevocable Offer to Dedicate Real Property dated Augur;" 54;}), 20 c.a.__, from cvl~had Qakr.; t10r-;b Par .. ;u•r~c:to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the rec;:o,ation thereof by its duly authorized officer. Date: .2:/ 3)1l'f ·•.. .. ., --•"' ------·------ 15460 State of C&lifomia ) ) County of San Diego ) On August 5, 2003 before me, _K;.;;i;;,;;m;;.:.b.:.e.:.;rl...:y_L_. _-A_e_r_ia_;';.....N_ot_a_r.;.y_P_u_b_l_i_c ____ _, (Date) (Name, Title of Officer) personally appeared _P_a_u_l_K_._T_cha___,,n..:g;....."""!""':--:~--=--::----------- (Name[s] of Signer{s]) , ll personally known to me -OR • a proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behaH of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (Seal) tt.l0evelcpmont S.~Grant Deeds-Easeman1Slbrewocable Offllr ID Dedlc:ate Real Propeny for Pub~ S11181 & Plillic Ulilily Plll)OSN6flm .. ,,~~~~·-·~---·---------------- EXHIBIT '"'A" LEGAL DESCRIPTION STREET RIGHT-OF-WAY 15461 JUNE 16, 2003 J.N. 961005 PAGE 1 OF 3 A PORTION OF THAT PORTION OF LOT •B" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF LOT 5 OF MAP 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1982; THENCE NORTH 02°37'29" WEST 557.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 02°37'29" WEST 96.21 FEET TO THE BEGINNING OF A NON-TANGENT 842-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 30°09'58" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°56'45" A DISTANCE OF 57.99 FEET; THENCE NORTH 63°46'47" EAST 194.95 FEET TO THE BEGINNING OF A TANGENT 658-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°34'59" A DISTANCE OF 133.02 FEET; THENCE NORTH 52°11'48'" EAST 245.98 FEET TO THE BEGINNING OF A TANGENT 1292-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CEN'l'RAL ANGLE OF 26°15'41" A DISTANCE OF 592.19 FEET; THENCE NORTH 78°27'29" EAST 554.89 FEET TO THE BEGINNING OF A TANGENT 712-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°52'17" A DISTANCE OF 333.92 FEET; THENCE SOUTH 74°40'14• EAST 104.48 FEET TO THE BEGINNING OF A TANGENT 628-FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°52'17" A DISTANCE OF 184.92 FEET; THENCE NORTH 88°27'29• EAST 733.26 FEET TO THE BEGINNING OF A TANGENT 628-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF·SAID CURVE THROUGH A CENTRAL ANGLE OF 28°27'50• A DISTANCE OF 311.98 FEET; THENCE NORTH 59°59'39" EAST 103.00 FEET TO THE BEGINNING OF A TANGENT 712-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°25'17" A DISTANCE OF 216.49 FEET; THENCE NORTH 77°24'56" EAST 209 .18 FEET TO THE BEGINNING OF A TANGENT 628-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC --------·-·-·--•· BXHIBI"r "A" 15462, JUNE 16, 2003 J.N. 961005 PAGE 2 OF 3 OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°15'50n A DISTANCE OF 287.87 FEET; THENCE NORTH 51°09'06• EAST 100.00 FEET TO THE BEGINNING OF A TANGENT 712-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36°11'42" AN ARC DISTANCE OF 449.79 FEET; THENCE NORTH 87°20'48" EAST 33.49 FEET TO THE WEST LINE OF PARCEL MAP 15493, FILED IN THE OFFICE OF THE COUNTY RECORDER DECEMBER 13, 1988; THENCE, ALONG SAID WEST LINE, SOUTH 02°39'12" EAST 42. 00 FEET TO THE WESTERLY TE~INUS OF THE CENTERLINE OF FARADAY ROAD PER SAID PARCEL MAP 15493; THENCE, CONTINUING ALONG SAID WEST LINE, SOUTH 02°39'12" EAST 42.00 FEET; THENCE, LEAVING SAID WEST LINE, SOUTH 87°20'48" WEST 33.49 FEET TO THE BEGINNING OF A TANGENT 628-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36°11'4i9 A DISTANCE OF 396.72 FEET; THENCE SOUTH 51°09'06" WEST 100. 00 FEET TO THE BEGINNING OF A TANGENT 712-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°15'50• A DISTANCE OF 326.37 FEET; THENCE SOUTH 77°24'56" WEST 209.18 .FEET TO THE BEGINNING OF A TANGENT 628-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°25' 17" A DISTANCE OF 190. 95 FEET; THENCE SOUTH 59°59 '39" WEST 103. 00 FEET TO THE BEGINNING OF A TANGENT 712-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°27'50" A DISTANCE OF 353.71 FEET; THENCE SOUTH 88°27'29" WEST 733. 26 FEET TO THE BEGINNING OF A TANGENT 712-FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°52' l 7 • A DISTANCE OF 209. 66 FEET; THENCE NORTH 74°40'14• WEST 104.48 FEET TO THE BEGINNING OF A TANGENT 628-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE_ THROUGH A CENTRAL ANGLE OF 26°52'17" A DISTANCE OF 294.53 FEET; THENCE SOUTH 78°27'29" WEST 554,89 FEET TO THE BEGINNING OF A TANGENT 1208-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°15'41" A DISTANCE OF 553.68 FEET; THENCE TANGENT SOUTH 52°11'48" WEST 245.98 _FEET TO THE BEGINNING OF A TANGENT 742-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°34'59•_ A DISTANCE OF 150.00 FEE'!'; ----------------- I - EXHIBIT "A" 15463 JUNE 16, 2003 J.N. 961005 PAGE 3 OF 3 THENCE SOUTH 63°46'47" WEST 194.95 FEET TO THE BEGINNING OF A TANGENT 758-FOOT RADIUS CURVB CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7°18'37" A DISTANCE OF 96.71 FEET TO THE TRUE POINT OF BEGINNING. AREA= 9.35 ACRES W:\MSOFl"ICB\WilftiORD\96-100S\030129 LotB.lgl.doc DATA (No) DELTA/BEARING 1 N 02'JT29" W 2 N 02'J729· W J 6 = 0J'S6'45· 4 N 6J'46 '47" E 5 6 = 11-;4'59· 6 N 52'11 '48. E 1 t::. = 2675'4r 8 N 18'27'29. E 9 t::. = 26'5217" 10 s 1no1r, 11 t::. = 16'52'17" 12 N 88'21'29" E 13 t::. = 28'21'50" 14 N 59'59'39" E 15 6 = 17"25'17" 16 N 17'24'56" E 11 t::. = 2675'50" 18 N 51'09'06_ E 19 t::. = 3671'42" 20 N 87'20'48" E VICINITY MAP •#NI ~ --=-co....,,O,.....N,,,_~~U -~.,,T~---S - l .3 2710 Loker Avenue 760-931-7700 Suite 100 Fax: i Carlsbod, CA 760-931 -8680 <.J 92008 ·-..., ,. TABLE DATA TABLE {CONT.) RADIUS LENGTH --557.51' --96.21' 842.00' 57.99' --194.95' 658.00' 13102' --245.98' 1292.00' 592.19' --554.89' 112.00· JJJ.92' --/04.48' 628.00 184.92' --lJJ.26 628.00 ]11.98' --10J.OO' 112.00' 216.49 --209.18 628.00' 287.87 -100.00 712.00' 449.19 --JJ.49 (N~ DELTA/BEARING RADIUS 21 S 021912" £ -- 22 S 02J9'12" E -- 2] S 87'20'48" W -- 24 t::. = J671'42" 628.00 25 S 51'09'06_ W -- 26 I::.• 2675'50-712.00' 27 , S 17'24'56_ W -- 28 t::. = 17'25'17" 628.00' 29 · S 59'59'J9. W -- JO t::. : 28'27'5IF 712.00' JT S 88'21"29" W -.J2 · 6 = 16'52'17" 112.00' .JJ N 74'40'/r W -34 6 = 26'5217" 628.00' 35 S 78'2729" W -- J6 A= 2675'41" 1208.00' Jl . S 5271 '48-W -- J8 t::. = 11'J4'5r 742.00' Jg S 63'46'47" W -- 40 A= 0778'J7" 758.00' OEDIC4TION AREA = 9.J5 AC. IJ4SIS Of B£AR(N(iS: THE BASIS OF B£ARfNCS IS THE #CST IJNE OF MAP NO. 10J72 /.£ N 02'.1729• W [£CAI, QESC8IPTION.· LENGTH 42.00' 42.00 JJ.49' 396.12' 100.00· J26.Jl 209.18 190.95' 10J.OO JSJ.11' lJJ.26 209.66' 104.48' 294.53' 554.89' 55l68' 245.98 150.00 194.95' 96.71' A PORTION OF LOT "B. OF RANCHO AQ/A HE1JIONDA, IN TH£ arr OF CMlSBA~ COt/NTY OF SAN ~ STA TE OF CALJFORMA, ACCORDING TO MAP THEHEOF Na 82J flJ.D) IN THE OFF1CC OF TH£ COI/NTY R£C(R)£R OF SAN Dl£&0 COUNTY, NO~ 16. 1896. fA&fDAY Al'fNUE STR££T DEDICATION PLAT I I \ RAJVCHO AGUA HEDIDNDA MAP No, 828 POR, Lor B 154-65·· . RANCHO AGUA HEDIDNDA MAP No, 828 PDF/, LOT B EXISllNC 15' DRAINAGE £ASDl£NT ~fi 'L so· · p· arr OF CAHLSBAO W 100· f/N 82-1715-#1 1 / SCALE: 1 • • 200' /q ,·, I I -------------- LECENQ: ~ _.....,,p,...,a ........ Jo-=s....,,u"'"'~--=-r .... ,,..,,_,,r~s=-- ~ AREA OF DEDICATION ] 2710 Loker A•enue Suilo 100 ~ <Al rlsbod. CA A 92008 760-931-7700 Fax: 760-931-8680 ··--·--·---·-···· .... --~-------- - o· 50' 200· w ' 100' SCALE: 1 • = 200' ~ --C.-t?~:-~-U~L-T_A_,__T_S __ c: 2710 Loker Avenue .S Suite 100 ii Cortsbod, CA § 920011 760-9J 1 -7700 Fax: 760-931-8680 15466· RANCHO AGUA HEDIDNDA Jv/AP No, 828 PDR. Lor B RANCHO AGUA HEDIONDA MAP No,. 828 POR.. Lor B l,ECEND: ~ AREA OF OED/CATION ~ --\,----'-@-'--- - '\ ,.,. RANCHO AGUA HEDIONDA MAP No, 823 PDR Lor B ffi ~~~~~~~~~ ~~~~~~e- o· .Ji9.' 200' .... -1001 SCALE: ,. • 200' ~ __ Co_D_N_~~U-L-T _A.,__,T-S - ] 2710 Loker Avenue "S Suite 1 00 in Cor11t1<1d, CA c§ 92008 760-931-1700 Fox: 760-931-8680 RANC'f-/0 AGUA HEDIOIYDA MAP No, 828 POFl Lor B LECEN4· ~ AREA OF {)(/)/CATION 1546'7 SCALE: 1 • = 200' 2710 Loiter Avenue 760-9J1-7700 Suite 1 00 f'o.: Corlsbael. CA 760-931-8680 92008 -· RANCHO AGUA HEDIONDA MAP No, 828 POR Lor B I I RANCHO AGUA HEDIDNDA \ MAP No, 828 1 PQr" I or R "~ EXISTTNC 12" S./J.C.~"t tA'St:MtllT ~/#" I S.0.G.4 £. _.,~,;-' I F /N lJ-256727 ~, 1 ' LECEND; ~ AR£4 OF OED/CATION I I I I .. _,· .. , I I P,/y/, 15493 I / I / ,; I / I /, \ /Ii I f/ I ,_, \ ,1 \ r;✓ I ,1 17 EXHIBIT "A" LEGAL DESCRIPTION - 15469 JANUARY 30,2003 J.N. 961005 PAGE 1 OF 5 SLOPES AND TEMPORARY CONSTRUCTION EASEMENT PARCEL 1 (SLOPE EASEMENT) PORTIONS OF THAT PORTION OF LOT. "B" OF RANCHO AGUA HEOIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF LOT 5 OF MAP 10372 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1982; THENCE NORTH 02°37' 29" WEST 557. 51 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING DESIGNATED AS POINT 'A', SAID POINT ALSO BEING A POINT ON A' NON-TANGENT 758-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 33°31'50" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°18' 37" AN ARC DISTANCE OF 96. 71 FEET; THENCE NORTH 63°46'47" EAST 194.95 FEET TO THE BEGINNING OF A TANGENT 742-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 °34' 59" AN ARC DISTANCE OF 150. 00 FEET; THENCE NORTH 52°11' 4 8" EAST 245.98 FEET TO THE BEGINNING OF A TANGENT 1208-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26°15' 41" AN ARC DISTANCE OF 553. 68 FEET; THENCE NORTH 78°27' 29" EAST 554. 89 FEET TO THE BEGINNING OF A TANGENT 628-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26°52'17" AN ARC DISTANCE OF 294.53 FEET; THENCE SOUTH 74°40'14" EAST 104. 48 FEET TO THE BEGINNING OF A TANGENT 712-FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°52' 17" AN ARC DISTANCE OF 209. 66 FEET; THENCE NORTH 88°27' 29" EAST 733.26 FEET TO THE BEGINNING or A TANGENT 712-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28°27'50" AN ARC DISTANCE OF 353.71 FEET; THENCE NORTH 59°59'39" EAST 103. 00 FEET TO THE BEGINNING OF A TANGENT 628-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°25' 17" AN ARC DISTANCE OF 190. 95 FEET; THENCE NORTH 77°24' 56" EAST 209.18 FEET TO THE BEGINNING OF A TANGENT 712-FOOT RADIUS CURVE CONCAVE -· . EXHIBIT "A" 15470 JANUARY 30,2003 J.N. 961005 · PAGE 2 OF 5 NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26°15'50" AN ARC DISTANCE OF 326.37 FEET; THENCE NORTH 51°09'06" EAST 100.00 FEET TO THE BEGINNING OF A TANGENT 628-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°11'42" AN ARC DISTANCE OF 396.72 FEET; THENCE NORTH 87°20'48" EAST 33.49 FEET; THENCE SOUTH 02°39'12" EAST 113.20 FEET; THENCE SOUTH 66°10'47" WEST 273.05 FEET; THENCE NORTH 47°14'24" WEST 133. 81 FEET; THENCE SOUTH 81 °11' 06" WEST 27. 43 FEET; THENCE SOUTH 43°47'26" WEST 236.15 FEET; THENCE SOUTH 61°42'34" WEST 127.04 FEET; THENCE SOUTH 70°47'05" WEST 201.99 FEET; THENCE SOUTH 79°54'05" WEST 55.09 FEET; THENCE SOUTH 88°31'23" WEST 125.37 FEET TO THE BEGINNING OF A NON-TANGENT 60-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 70°12' 31'' EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 69°14' 21" AN ARC DISTANCE OF 72. 51 FEET; THENCE SOUTH 89°01' 5 0" WEST 32. 14 FEET; THENCE SOUTH 75°33' 20" WEST 21. 51 FEET; THENCE SOUTH 53°37' 14" WEST 151. 97 FEET; THENCE SOUTH 56°20' 40" WEST 77. 74 FEET; THENCE SOUTH 63°29'55" WEST 77.71 FEET; THENCE SOUTH 84°09'26" WEST 223.05 FEET; THENCE NORTH 89°50'13" WEST 499.08 FEET; THENCE SOUTH 85°27'13" WEST 188.42 FEET; THENCE NORTH 78°14'19" WEST 177.83 FEET; THENCE NORTH 71°26' 11" WEST 67. 67 FEET; THENCE NORTH 68°24' 26" WEST 168. 93 FEET; THENCE NORTH 78°16' 38" WEST 87. 53 FEET; THENCE SOUTH 83°34'01" WEST 134.55 FEET; THENCE SOUTH 52°49'16" EAST 229.32 FEET; THENCE SOUTH 23°49'12" WEST 160.84 FEET; THENCE NORTH 53°17'19" WEST 318.37 FEET; THENCE NORTH 14°56'05" EAST 69.76 FEET; THENCE SOUTH 78°16'21" WEST 136.76 FEET; THENCE SOUTH 51°00'02" WEST 95.13 FEET; THENCE SOUTH 74°38' 13" WEST 50. 94 FEET; THENCE SOVTH 83°44' 40" WEST 75. 32 FEET; THENCE SOUTH 7 6°06' 11" WEST 110. 8 9 FEET; THENCE SOUTH 18°56'59" WEST 13.01 FEET; THENCE SOUTH 73°02'26" WEST 121.18 FEET; THENCE SOUTH 83°43'15" WEST 126.49 FEET; THENCE NORTH 79°42'10" WEST 16.87 FEET; THE:NCE SOUTH 66°36'48" WEST 142.47 FEET; THENCE SOUTH 59°45'01" WEST 115.29 FEET; THENCE SOUTH 46°46'31" WEST 318.39 FEET; THENCE ·SO_UTH 62°25'30" WEST 104.58 FEET; THENCE SOUTH 72°53'55" WEST 74.53 FEET; THENCE SOUTH - EXHIBIT "A" 15471 JANUARY 30,2003 J.N. 961005 PAGE 3 OF 5 60°56'32" WEST 202.73 FEET THEN'CE NORTH 02°37'29" WEST, 31.60 FEET TO THE TRUE POINT OF BEGI~NJNG. AREA• 7.02 ACRES PARCEL 2 (SLOPE EASEMENT) BEGINNING AT POINT 'A' AS DESCRIBED IN .PARCEL 1 ABOVE; THENCE NORTH 02°37' 29" WEST 96.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 02°37'29'' WEST 19;49 FEET; THENCE NORTH 59°56'28" EAST 212.68 FEET; THENCE NORTH 64°54'37" EAST 121.14 FEET; THENCE NORTH 56°28' 42" EAST 254. 7 4 FEET; THENCE NORTH 4 4°4 9' 38" EAST 142.72 FEET; THENCE NORTH 52°58'58" EAST 151.98 FEET; THENCE NORTH 74°16'37" EAST 42.24 FEET; THENCE NORTH 67°23'28" EAS~ 158.73 FEET; THENCE NORTH 24°53'01" EAST 40.31 FEET; THENCE NORTH 80°59'08" EAST 136.72 FEET; THENCE SOUTH 71°04'57" EAST 58.05 FEET; THENCE NORTH 77°30'3~' EAST 48.81 FEET; THENCE NORTH 50°54' 08" EAST 56. 70 FEET; THENCE NORTH 87°25' 30" EAST 26. 36 FEET; THENCE SOUTH 68°46'45" EAST 29.91 FEET; THENCE SOUTH 82°10'23" EAST 78.89 FEET; THENCE NORTH 78°21'08" EAST 173.28 FEET; THENCE NORTH 82°44'17" EAST 265.42 FEET; THENCE SOUTH 79°12'45" EAST 213.94 FEET; THENCE SOUTH 68°35'44" EAST 70.29 FEET; THENCE SOUTH 85°11'36" EAST 96.55 FEET TO A POINT DESIGNATED AS POINT 'B'; THENCE SOUTH 85°11'36" EAST 42.39 FEET; THENCE NORTH 68°28'13" EAST 77.07 FEET; THENCE SOUTH 76°58'47" EAST 52.13 FEET; THENCE NORTH 86°56'5~" EAST 56.23 FEET; THENCE SOUTH 80°39'05" EAST 129.65 FEET; THENCE NORTH 78°51'23" EAST 165.54 FEET; THENCE SOUTH 55°21'28" EAST 46.00 FEET; THENCE NORTH 69°41'09" EAST 68.60 FEET; THENCE SOUTH 80°08'20" EAST 111.97 FEET; THENCE NORTH 78°12'04" EAST 123.17 FEET; THENCE NORTH 62°43' 10" EAST 36. 64 FEET; THENCE SOUTH 89°21' 29" EAST 56. 50 FEET; THENCE NORTH 66°36'57" EAST 45.27 FEET; THENCE NORTH 87°31'55" EAST 23.40 FEET; THENCE NORTH 73°26'02" EAST 90.95 FEET; THENCE NORTH 64°08' 03" EAST 97. 95 FEET; THENCE NORTH 61°08'15" EAST 95.86 FEET; THENCE NORTH 65°41'40" EAST 97.59 FEET; THENCE NORTH 49°32'40" EAST 52.85 FEET; THENCE NORTH 69°39'25" EAST 26.89 FEET; THENCE SOUTH 86°49'53" EAST 26.20 FEET; THENCE NORTH 78°02'56" EAST 74.28 FEET; THENCE NORTH ------------·· ...•.. - - EXHIBIT "A .. JANUARY 30,2003 J.N. 961005 PAGE 4 OF 5 59°39' 39" EAST 26.39 FEET; THENCE NORTH 83°23' 57" EAST so.es FEET; THENCE SOUTH 89°52'01" EAST 47.69 FEET; THENCE NORTH 73°40'20" EAST 96.27 FEET; THENCE NORTH 59°47'12" EAST 178.56 FEET; THENCE NORTH 57°36'03" EAST 75.46 FEET; THENCE NORTH 51°06' 01" EAST BO. 34 FEET; THENCE NORTH 64°42' 25" EAST 189. 35 FEET; THENCE NORTH B0°31'15" EAST .132.33 FEET; THENCE NORTH 83°07'00" EAST 83.49 FEET; THENCE SOUTH 02°39'12" EAST 8.53 FEET; THENCE SOUTH 87°20' 48" WEST 33. 49 FEET TO THE BEGINNING OF A TANGENT 712-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°11' 42" AN ARC DISTANCE OF 449. 79 FEET; THENCE SOUTH 51°09' 06" WEST 100.00 FEET TO THE BEGINNING OF A TANGENT 628-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26°15' 50" AN ARC DISTANCE OF 287.87 FEET; THENCE SOUTH 77°24'56" WEST 209.18 FEET TO THE BEGINNING OF A TANGENT 712-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°25'17" AN ARC DISTANCE OF 216.49 FEET; THENCE SOUTH 59°59' 39" WEST 103. 00 FEET TO THE BEGINNING OF A TANGENT 628-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28°27' 50" AN ARC DISTANCE OF 311. 98 FEET; THENCE SOUTH 88°27' 29" WEST 733. 26 FEET TO THE BEGINNING OF A TANGENT 62B-FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°52' 17" AN ARC DISTANCE OF 184. 92 FEET; THENCE NORTH 74°40' 14" WEST 104. 4B FEET TO THE BEGINNING OF A TANGENT 712-FOOT _RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26°52'17" AN ARC DISTANCE OF 333.92 FEET; THENCE SOUTH 78°27'29" WEST 554.89 FEET TO THE BEGINNING OF A TANGENT 1292-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26°15' 41"· AN ARC DISTANCE OF 592.19 FEET; THENCE SOUTH 52°11'48" WEST 245.98 °FEET TO THE BEGINNING OF A TANGENT 658-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°34'59" AN ARC DISTANCE OF 133.02 FEET; THENCE SOUTH 63°46'47" WEST 194. 95 FEET TO THE BEGINNING OF A TANGENT B42-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3°56' 45" AN ARC DISTANCE OF 57.99 FEET TO THE TRUE eOINT OF BEGINNING. EXHIBIT "A" AREA= 2.22 ACRES PARCEL 3 (TEMPORARY CONSTRUCTION EASEMENT) 16473' .. JANUARY 30,2003 J.N. 961005 PAGE 5 OF 5 A 10-FOOT STRIP OF LAND LYING SOUTHERLY OF AND ADJACENT TO THE SLOPE EASEMENT DESCRIBED IN PARCEL l ABOVE. AREA• 1.29 ACRES PARCEL 4 (TEMPORARY CONSTRUCTION EASEMENT) A 10-FOOT STRIP OF LAND LYING NORTHERLY OF AND ADJACENT TO THE SLOPE EASEMENT DESCRIBED IN PARCEL 2 ABOVE. AREA= 1.13 ACRES N:\MSOFFlCE\NlNWOIU>\96-1005\030129 Slopes and Conatruction.lgl,doc l(No) 1 2 J 4 5 6 7 8 9 10 11 12 IJ 14 15 16 17 18 19 20 - DATA TABLE DATA TABLE {CONT.} DaTA/BEARING N 02'J7'29. W N 02'37'29. W 6 = 0J'56'45. N 6JWJ'4r £ 6 = ff".J4'59" N 52'11'48" £ 6 = 26'15'./.1" N 78'2T29• E 6= 26"521r S 74'.1()1,I." £ 6 = 16"52·1r N 88'27'29· £ 6 = 28'27'50" N 59'59'J9. £ 6 = 1 ns·1 r N 71'24'56_ £ 6 = 26'15'5o" N 51'09'06• £ 6 = J611'4r N 87'20 '48. £ VICINITY MAP -- RADIUS ---- 842.00' -- 658.00 -- 1292.00' -- 112.00· -- 628.00' -- 628.00 -- 71200' -- 628.00' -- 112.00· -- LENGTH (NO) oaTA/BEARING RADIUS LENGTH 557.51 21· S 02'J912" £ --42.00' 96.21 22 S 02'39'12•·£ --42.00' 57.99• 2J S87'20'48· w --J.J.49 1!14.95' 24 6-= J671'42" 628.00' J96.72 IJJ.02' 25. S 51'09'06" W --100.00 245.98' 26 6 = 2675'50" 712.00' J26.JJ' 592.19' 27 S 77'24'56_ W --209.18 55,_99· 28 6 = 17'25'/T 628.00' 190.95 J.JJ.92' ·29 S 59'59'J9-W --IOJ.00 104.48' JO 6. = 2a'21"str 712.00 J5J.71 181.92' JI S 88'27"29" W --JJJ.26 lJJ.26' .J2 6. = 16'52'17" 712.00' 209.66' J11.98 JJ N 1no1r w --10!48' 10100· J4 6 = 26'52'1r 628.00' 294.53 216.49 .J5 S 78'27'29" W --554.89' 209.18 J6 6 = 2675'41" 1208.00' 55J.68' 28l87 .Jl S 52"11'48_ W --245.98' 100.00' J8 6 = 11:14'59. 142.00' ,saoo· 449.19 Jg S 63°46'47" W --194.95' J.J.49 40 6. = 0178'J7" 758.00' 96.71' SLOPE /JE/rATION AHE4 = 17.62 Aa CONSTRIJCTION D£DICAT/ON M£4 = 2.42 AC. BASIS Of BFABJNCS: 111£ BASIS OF l£ARNSS IS n£ #EST L1N£ OF IIAP NO. 10172 /.£. N orJ7'29• W L.EGM, QESCBJPllQN: A PORTION OF LOT '?i. OF RANCHO AGUA HEDKNJA, IN THE arr OF ~ COIJNTY OF SAN OE~ STA Tc OF CAJ.FORNfA. ACCOHDING TO NAP THEREOF NO. 82~ F1lED IN THE UFlC£ OF THE COUNTY RECORDER OF SAN DIECO COUNTY, N01,£11/J£R 16, 1896. -----------· ... l 5 t/7 S DATA TABLE (CONT.} DATA TABLE (CONT.) (NQ) DELTA/BEARING 41 S 02',]912" £ ,f.2 S6670',1.r W ,f.3 N 117•#'2,t-W 44 S 8171'06 W 45 S 43"47'26" W 46 s 6t'42'Jr w 47 S 70"tl7'05" W 48 S 79'54'05" W 49 S 8571'36-W 50 I::!.= 69U'2r 51 s B9'01'5tr w 52 s 75'JJ'2o-w 5.J S 5J'J1U" W 54 S 56'20'40" W 55 S 63'29'55" W 56 S 8-1 '09 "26" W 57 N 89"50 IJ" W 58 S 85'27'1J" W 59 N 187419" W 60 N 71'261r W 61 N 68'24'26" W 62 N 7876'J8" W 6J s 8J'J4'0r w 6f. S 52'4916" E 65 S 23'-1912" W 66 N 5J7T19" W 67 N 1-1'56'05-£ 68 S 7876'21" W 69 S51'00'0r W 70 S 7-l'J81J" W 71 S 8J"4,t',1.0" W 72 S 76'()671" W 73 S 18'56'59" W 1-1 S 73'02"26" W 75 S 8J'-015 W 76 N 79'/.210" W 77 S 66'J6'48" W 78 S 59"45'01" W u .s --=--c:-,-,--=-,..,......,....-=-,=--..,.......,--- .!I _§ 2710 Loker Avenue 760-931-7700 Suite 100 Fox: ~ Ccrlsbod, CA 760-931-8680 c§ 92008 c8 . APPLICAN : b CARLSBAD OAKS N. PART., l.P. "> P.a BOX 8oo.J6 8 SAN OIECO, C4 !J21J8 19 PH. '619. 223-1663 c;.,..111.,.,..om,.vrMSLP--..WG 04-11-2ea;i ni:i.•v en DUS-•105.ASnl; •eAMMI'; NDISAN RADIUS LENGTH (NQ) DELTA/BEARING --113.20· 79 s "6¥B'Jr w --273.05' 80 S 62'25'JO" W --1JJ.81" 81 S 72'5J'55" W --27.43" 82 s 60'56'Jr w --2J6.15' 8J N 02'JT29" W -127.0I' . 84 N 02'Jl"29" W --201.99' 85 N 59"56'28" £ --55.09 86 N 6-1'5·1".JF £ -125.37 87 N 56'28.,,2" £ 6QOO' 12.51 88 N 4-1"49'J8-£ -321,1 89 N 52'58'5tr £ --21.51 90 N l-176'JF £ --151.97 91 N 61'2J"28" £ --77.1-1 92 N 24'5.J'or £ --11.11 93 N 80'59 'fJtr £ --223.05 94 S lTTJ.#'51" £ ---199.08 95 N ll'JO:JO" £ --188.-12 96 N 50'54'(}/J" £ --177.BJ' 97 N 87'25'JO-£ -67.67 98 S 68'-16 "-15" £ -168.9J 99 S 8270'2.J' £ --87.5.J 100 N 78'2/ '(}8' £ --134.55' 101 N82'44'11"£ --229.J2 102 S 1972'-15" E --16a8,r 10J S 68'.J5U" £ --318.37 104 S 8571'.J6" £ --69.16" 105 S 8571'36-£ --1J6.76' 106 N 68'28'1.J" £ -95. /.J' 107 S 76'58'.11" £ -50.g.f' 108 N 86"56:51" £ --75.32' 109 S 80'.J9'05" £ --11a99· 110 N 78'51'2.J" £ -13.01 /11 S 55'21'28" £ --121.18' 112 N 69"41'()!}" £ --126.49 113 S 80TJIJ"20" £ --16.81 114 N 1872'04" £ --142.47' 115 N 62'4.J'IO" £ --115.29-. 116 S 89'21'29_ £ 117 N 66'J6'51" £ 118 N 8T.Jf'55-£ 119 N 13'26'02" £ 120 N 64"08'().J" £ SLOP£ AND CONSTRUCTION CASEMENT DEDICAUON PLAT RADIUS LENGTH --318.39 --10-1.58" --lt53" --202.13· --i' 31.60 --19.48' --212.68' --121. 14' --25-1.7-1' -14272' -151.98' --42.2,f.' --158.lJ --40.JI --1J6.72 --58.05 ---18.81 --56.70 --26.J6. --29.91' --18.89 --17128 --265.42 --21.J.9-I" --10.29' -96.55 --42..]9' -77.0T --52.IJ --56.23 -120.65 --165.5". --46.00 --68.60 -111.!JT -12111· --J6.64 --56.50' --45.27' --21.((J' --90.95' --97.95 SHT.2 "'~ PR A.P.N. 209-050-(H, 21,22,23,2,1 - DATA TABLE (CONT.}. ·I 5:</7G (No) DELTA/BEARING RADIUS LENGTH 121 N 61V815" £ --95.86 122 N 65'-11'-IO. £ --97.59 12J N 49'J2'40. £ --52.85' 124 N 69'J9'25. £ --26.89' 125 s 86"19's.r £ --26.20 126 N 78V2"5f;-£ --74.28 121 N 59'J9'Jr £ --26.]9 128 N 83"2J'5r £ --saas 129 S 89"52'0,. £ --47.69 I.JO N 7JWJ20" £ --96.27 111 N 59'47'12" [ --178.56 132 N 51'.J6'0J" £ --75.-16 133 N 51Vfi'OI £ --8aJ4 134 N 6,1"-12"25. £ --189.]5 135 N 80'.3115" £ --1J2.JJ' 1J6 N BJ'Ol'oo" £ --83.49 131 S 02'3912" [ --8.5J u c~s .5 ,n -SLOP£ AND CONSTRUCTION C 271 0 Loker Avenue 760-9J1-7700 0 -Suite 100 f-°oKe a Corlsbod, CA 760-931-8680 EAS£JlfNl fl({Jl.~noN e.l.A.T 8 92008 ~ APPLICANT: EXHIBIT "B,. ·✓ SHT . .J OF ,J ~ CARl.SBAD OAKS N. PART., l.P. .-~ . ~ ~~M il~l/. PR~" P.O. BOX 800J6 ,~ lf/1 I I,;~ SAN OIEGO. Of 921.JB TINOTHY O. CAHHOll. L1a1w 11. HUBBS / .~n A.P.N. 209-050-(H, PH. (619) 223-1663 l.S. 7100 EXP. 17/.Jf/04 H.C.f. 23889 £XP.12/Jl /a5 21,22,23,24 P.QB. I I \ RANC'HO AGUA HEDIONDA JV/AP No, 828 POR Lor B £.K/SllNG 20' SEU £AS£11£NT Bl/ENA SAN/TA llON 01ST. F/N 229636, REC. 12-21-65 . PAHCEL. 4 PAHCEl.2 ~ ..., -·~P..<li'HJ .,,. .,,. / , , LDT 5 RANCHO AGUA J-/EDIONDA MAP No, 828 POR Lor B t aeo• EX/SllNC 15' ORA/NAG£ £ASEIIENT CITY OF CAHI.SBAO SCALE: 1• =-200' F,/N 82-171517 ----------- i _·'"""co:-:□=-=-N/..,.~--:-U:--:~c-:-T --=-A-,,-,T=-=-s - .!§ SLOPE AND CONS[IUCUON CASEMENT DCOICAUQN PLAT .§ 2710 Loker Avenue 760-931-7700 Suite 100 Fox: i Corlsbcd, CA 760-931 -8680 c§ 92008 {ti: I r I I, I /J' '1! ,,, ft/ ,I/ -- RANCHO AGUA HEDJONDA MAP No, 823 POR. Lor B {S lf?t' ~ ~:;;::~3::-~-~-f~-~~-~ y· 200' 100° SCAl£: , • = 200' .; .s ---::--:~-:-'-:-,--,-=-:-~=-=- .,; j 2710 Laker Aver,ue 760-931-7700 -· Suite 100 Fax: l Carlsbad, CA 760-931-8680 8 92008 RANCHO AGUA HEDIONDA MAP No, 828 POR. LOT B I.EGENO: ~"""\_""I AR£4 OF SLOP£ ~ ~~ EASEMENT l{EOICATION ~~ "'l AREA OF. CONSTRIJCTlON ~ ~ EASEMENT DEDICATION SLOP£ AND CQNSTRUCUON EASEMENT D£D/CAUON PLAT ~ 209-050-04, 21,22,23,24 le) .·• RANCHO AGUA HEDIDIVDA 1/JAP !Vo, 823 PDR Lor B PARCEi. 4 PARCEi. 2 .. · 1547-9 i~~~tm~00 ~~....-.::::s.==,== s l •ii ~)I •j\ 1/ 4 -0,01-:Y o' 50' kti 100· SCALE: 1• = 200' RANCHO AGUA HEDIDNDA MAP No, 823 PDF/, Lor B I.ECEN4; ~-~LnON ~ Atf&'fofflifl&W SLOP£ AND CQNSTBVCUQN EASEMENT-D£DICAUQN PLAT SHT. 6 O~~~~A, PR-'KK'--IW'~ A.P.N. 209-050-0I, 21,22,23,24 ·-------·----·-·-··-•------•···•--•··-•··~· . ttf' 'If' 100· SCALE: 1 • = 200' RANCHO AeUA f/EDIDNDA MAP No, 828 PDF/, Lor B PARCEL 2 LECEND,· ~ AHf/slfelf °tf/;/CATION ~ A'lf4sl1fof?NSoJJl&W SLOP£ AND CONSTRUCTION £AS£11£NT DEDICATION PLAT 15480 15498 "'- . -.. !2fl-l-.·· RAIVCHO AGUA HEDIONDA JIJ/AP No. 828 POR. LOT B SCALE: ,. = 100' u .5 -~=-"'"'"....,,....,..,...,......=-,-..,,_.,.......,,-_ .:i c 2710 Loker Avenue 760-931-7700 .E Suite 100 F"ox: l C<lrtsbad, CA 760-9J1-8680 ~ 920Cl8 -------···--···' DETAIL J1: LECENO.· f°"'\..-~ AREA OF SLOPE ~ ~ £.4SEJIENT OED/CATION ~"" ANF.A OF_ ctJNSlRUCllON ~.'~ ... "'2J EASEMENT O(l)ICATION SLOPE AND CONSTINJCUON EASEMENT DEDICATION PLAT .... ·.:· 15481 JANUARY 30,2003 J.N. 961005 PAGE 1 OF 1 EXHIBIT "A" LEGAL DESCRIPTION DRAINAGE EASEMENT PORTIONS OF THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, BEING MORE PARTICULARLY DESCRIBED AS E'OLLOWS: PARCEL 1 BEGINNING AT THE MOST NORTHWESTERLY CORNER OF LOT 5 OF MAP 10372 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1982; THENCE NORTH 02°37' 29" WEST 606. 01 FEET TO THE BEGINNING OF A NON-TANGENT 800-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 31°44' 41" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°31' 34" AN ARC DISTANCE OF 11 .16 FEET; THENCE NORTH 63°4 6' 4 7" EAST 194. 95 FEET TO THE BEGINNING OF A TANGENT 700-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°34' 59" AN ARC DISTANCE OF 141.51 FEET; THENCE NORTH 52°11'48" EAST 245.98 FEET TO THE BEGINNING OF A TANGENT 1250-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ,ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21 "41' 52" AN ARC DISTANCE OF 4 7 3. 37 FEET TO A POINT BEING DESIGNATED AS POINT 'A'; THENCE SOUTH 16°06' 20" EAST 42. 00 FEET TO THE TRUE POINT OF BEGINN,ING, SAID POINT BEING ON A NON-TANGENT 1208-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, ,A RADIAL LINE TO SAID POINT BEARS NORTH 16°06' 20" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°56'55" AN ARC DISTANCE OF 20.00 FEET; THENCE, NON-TANGENT TO SAID CURVE, SOUTH 16°13'43" EAST 8.8.68 FEET; THENCE SOUTH 73°46'17" WEST 20.00 FEET; THENCE NORTH 16°13'43" WEST 88.88 FEET TO THE TRUE POINT OF BEGINNING. AREA~ 1775 SQ. FT. EXH:IBIT "A• PARCEL 2 15483 JANUARY 30,2003 J.N. 961005 PAGE 2 OF 7 BEGINNING AT POINT 'A' AS DESCRI.BED IN PARCEL 1 ABOVE, SAID POINT BEING ON A 1250-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THE RADIAL TO SAID POINT BEARS NORTH 16°06' 20" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°21' 51" AN ARC DISTANCE OF 7. 94 FEET TO A POINT DESIGNATED AS POINT 'B'; THENCE, NON-TANGENT TO SAID CURVE, NORTH 15°4 4' 30" WEST 42. 00 FEET TO THE TRUE PO.INT OF BEGINNING; THENCE NORTH 35°55'10" WEST 88.33 F~ET; THENCE NORTH 54°04'50" EAST 30.00 FEET; THENCE SOUTH 35°55' 10" EAST 99. 78 FEET TO THE BEGINNING OF A NON-TANGENT 1292-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 14°19' 03" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 °25' 27" AN ARC DISTANCE OF 32 .11 FEET TO THE TRUE POINT OF BEGINNING. AREA= 2819 SQ. FT. PARCEL 3 BEGINNING AT POINT 'B' AS DESCRIBED IN PARCEL 2 ABOVE, SAID POINT BEING ON A 1250-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THE RADIAL TO SAID POINT BEARS . NORTH 15°44' 30" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°28'16" AN ARC DISTANCE OF 32.09 FEET TO A POINT DESIGNATED AS POINT 'C'; THENCE, NON-TANGENT TO SAID CURVE, SOUTH 14°16' 13" EAST 42.00 FEET TO THE TRUE.POINT OF BEGINNING, SAID POINT BEING ON A NON-TANGENT 1208-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT .BEARS NORTH 14°16' 13" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°32' 21" AN ARC DISTANCE OF 32. 45 FEET; THENCE NON-TANGENT TO SAID CURVE SOUTH 35°55'10" EAST 76.17 FEET; THENCE SOUTH 54°07'34" WEST 30.00 FEET; THENCE NORTH 35°55'10" WEST 88.53 FEET TO THE TRUE POINT OF BEGINNING. AREA= 2473 SQ. FT. EXHIBIT "A" PARCEL 4 ' ~· 15484 JANUARY 30,2003 J.N. 961005 PAGE 3 OF 7 BEGINNING AT POINT 'C' AS DESCRIBED IN PARCEL 3 ABOVE, SAlD POINT BEING ON A 1250-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THE RADIAL TO SAID CURVE BEARS 'NORTH 14°16' 13" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°43' 42" AN ARC DISTANCE OF 59. 53 FEET; THENCE NORTH 78°27' 29" EAST 189.81 FEET TO A POINT DESIGNATED AS POINT 'D'; THENCE SOUTH 11°32'31" EAST 42.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 78°27'29" EAST 26.54 FEET TO THE BEGINNING OF A NON- TANGENT 170-FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 57°35' 06" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30°41' 17" AN ARC DISTANCE OF 91.05 FEET; THENCE NON-TANGENT TO 'SAID CURVE NORTH 88°16'23" WEST 20.00 FEET TO THE BEGINNING OF A NON-TANGENT 190-FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE ·TO SAID POINT BEARS NORTH 88°16' 23" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25°07' 27" AN ARC DISTANCE OF 83. 31 FEET TO THE TRUE POINT OF BEGINNING. AREA= 1741 SQ. FT. PARCEL 5 BEGINNING AT POINT 'D' AS DESCRIBED IN PARCEL 4 ABOVE; THENCE NORTH 78°27' 29" EAST 294 .18 FEET TO A· POINT DESIGNATED AS POINT 'E'; THENCE SOUTH 11 °32' 31" EAST 42 ._00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 78°27' 29" EAS'I 20. 00 FEET; THENCE SOUTH 11°45'41" EAST 33.25 FEET; THENCE SOUTH 78°14'19" WEST 20.00 FEET; THENCE NORTH 11°45'41" WEST 33.32 FEET TO THE TRUE POINT OF BEGINNING. AREA= 666 SQ. FT. PARCEL 6 BEGINNING AT POINT 'E' AS DESCRIBED IN PARCEL 5 ABOVE; THENCE NORTH 78°27' 29" EAST 70. 90 FEET TO TijE BEGINNING OF A TANGENT 670-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26°52' 17" AN ARC DISTANCE EXHIBIT "A" 15485·· JANUARY 30,2003 J.N. 961005 PAGE 4 OF 7 OF 314.23 FEET; THENCE SOUTH 74°40'14" EAST 104.48 FEET TO THE BEGINNING OF A TANGENT 670-FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID GURVE THROUGH A CENTRAL ANGLE OF 16°52'17" AN ARC DISTANCE OF 1_97.29 FEET; THENCE NORTH 88°27'29" EAST 40. 60 FEET TO POINT 'F'; TH&NCE NORTH 01°32' 31" WEST 42. 00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 01°32' 31" WEST 54. 45 FEET; THENCE NORTH 88°27' 29" EAST 20. 00 FEET; THENCE SOUTH 01°32'31" EAST 54.45 FEET; THENCE SOUTH 88°27'29" WEST 20.00 FEET TO THE TRUE POINT OF BEGINNING. AREA= 1089 SQ. FT. PARCEL 7 BEGINNING AT POINT 'F' AS DESCRIBED IN PARCEL 6 ABOVE; THENCE NORTH 88°27'29" EAST 483.24 FEET TO A POINT DESIGNATED AS POINT 'G'; THENCE NORTH 01°32'31" WEST -42.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 01°32' 31" WEST 39. 90 FEET; THENCE NORTH 88°27'29" EAST 20.00 FEET; THENCE SOUTH 01°32'31" EAST 39.90 FEET; THENCE SOUTH 88°27'29" WEST 20.00 FEET TO THE TRUE POINT OF '• '. BEGINNING. AREA= 798 SQ. FT. PARCEL 8 BEGINNING AT POINT 'G' AS DESCRIBED IN PARCEL 7 ABOVE; THENCE NORTH 88°27'29" EAST 209.42 FEET TO THE BEGINNING OF A TANGENT 670-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07°03' 18" AN ARC DISTANCE OF 82.50 FEET TO A POINT DESIGNATED AS POINT 'H'; THENCE, NON-TANGENT TO SAID CURVE, NORTH 08°35'49'' WEST 42.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 09°30' 34" WEST 52.01 FEET; THENCE NORTH 80°29'26" EAST 20.00 FEET; THENCE SOUTH 09°30' 34" EAST 52. 01 FEET TO THE BEGINNING OF A NON-TANGENT 628- FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 10°25' 18" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°49' 29" AN ARC DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT "A" AREA• 1041 SQ. FT. PARCEL 9 -~ :15486· JANUARY 30,2003 J.N. 961005 PAGE 5 OF 7 BEGINNING AT POINT 'H' AS DESCRIBED IN PARCEL 8 ABOVE, SAID POINT BEING ON A 670-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THE RADIAL TO SAID 1POINT BEARS SOUTH 8°35' 49" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21°24'32" AN ARC DISTANCE OF 250.35 FEET; THENCE NQRTH 59°59'39" EAST 103.00 FEET TO THE BEGINNING OF A TANGENT 670-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°39' 42" AN ARC DISTANCE OF 171. 45 FEET TO A POINT DESIGNATED ,AS POINT 'I'; THENCE, NON- TANGENT TO SAID CURVE, SOUTH 15°20' 39;, EAST 42. 00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON A NON-TANGENT 628- FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 15°20' 39" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°51' 41" AN ARC DISTANCE OF 20.40 FEET; THENCE, NON-TANGENT TO SAID CURVE, SOUTH 03°00' 34" EAST 59. 37 FEET; THENCE SOUTH 86°59' 26" WEST 20. 00 FEET; THENCE NORTH 03°00' 34" WEST 55. 34 FEET TO THE TRUE POINT OF BEGINNING. AREA= 1148 SQ. FT. PARCEL 10 BEGINNING AT POINT 'I' AS DESCRIBED .. IN PARCEL 9 ABOVE, SAID POINT BEING ON THE ARC OF A 670-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THE RADIAL TO SAID POINT BEARS NORTH 15°20' 39" WEST; THENCE NORTHEASTERLY ALONG SA.ID 670-FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 2°30'20" AN ARC DISTANCE OF 29.30 FEET TO A POINT DESIGNATED AS POINT 'J'; THENCE, NON-TANGENT TO SAID CURVE, NORTH 12°50'20" WEST 42.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 20°00' 21" WEST 57. 27 FEET; THENCE NORTH 69°59'39" EAST 20.00 FEET; THENCE SOUTH 20°00'21" EAST 59.87 FEET; THENCE SOUTH 77°24' 56" WEST 17. 01 FEET TO THE BEGINNING OF A TANGENT 712-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THRO.UGH A CENTRAL ANGLE OF EXHIBIT "A" 1548'7 JANUARY 30,2003 J.N. 961005 PAGE 6 OF 7 0°15' 16" AN ARC DISTANCE OF 3 ,·16 FEET TO THE TRUE POINT OF BEGINNING. AREA c 1171 SQ. FT. PARCEL 11 BEGINNING AT POINT 'J' AS DESCRIBED IN PARCEL 10 ABOVE, SAID POINT BEING ON THE ARC OF -A 670-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THE RADIAL TO. SAID POINT BEARS NORTH 12°50' 20" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°15'15" AN ARC DISTANCE OF 2.97 FEET; THENCE NORTH 77°24'56" EAST 209.18 FEET TO THE BEGINNING OF A TANGENT 670-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26°15' 50" AN ARC DISTANCE OF 307.12 FEET; THENCE NORTH 51°09'06" EAST 100.00 FEET TO THE BEGINNING OF A TANGENT 670-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°2 4' 55" AN ARC DISTANCE OF 51. 63 FEET TO A POINT DESIGNATED AS POINT 'K'; THENCE, NON-TANGENT TO SAID CURVE, SOUTH 34°25' 59" EAST 42. 00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON A NON-TANGENT 628-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 34°25' 59" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°16'07" AN ARC DISTANCE OF 24.87 FEET; THENCE NON- TANGENT TO SAID CURVE SOUTH 03°08'51" WEST 46.33 FEET; THENCE NORTH 86°51'09" WEST 20.00 FEET; THENCE NORTH 03°08'51" EAST 31.56 FEET TO THE TRUE POINT OF BEGINNING. AREA= 781 SQ. FT. PARCEL 12 BEGINNING AT POINT 'K' AS DESCRIBED IN PARCEL 11 ABOVE, SAID POINT BEING ON THE ARC OF A 670-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THE RADIAL TO SAID POINT BEARS NORTH 34°25' 59'' WEST; THENCE NORTHEASTERLY ALONG SJ\ID CURVE THROUGH A CENTRAL ANGLE OF 3°56' 54" AN ARC DISTANCE OF 46.17 FEET TO A POINT DESIGNATED AS POINT 'L'; THENCE, NON-TANGENT TO SAID CURVE, SOUTH 30°29' 05" EAST 42, 00 FEET TO THE TRUE POINT OF BEGINNING, SAID ---------------------- EXHIBIT "An 15488 JANUARY 30,2003 J.N. 961005 PAGE 1 OF 7 POINT BEING ON A NON-TANGENT 628-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 30°29' 05" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°49'32" AN ARC DISTANCE OF 20.01 FEET; THENCE, NON- TANGENT TO SAID CURVE, SOUTH 30°54' 4 6" EAST 38. 35 FEET; THENCE SOUTH 59°05'14" WEST 20.00 FEET; THENCE NORTH 30°54'46" WEST 38.82 FEET TO THE TRUE POINT OF BEGINNING. AREA= 773 SQ. FT. PARCEL 13 BEGINNING AT POINT 'L' AS DESCRIBE-D IN PARCEL 12 ABOVE SAID POINT BEING ON THE ARC OF A 670-FdoT RADIUS CURVE CONCAVE SOUTHEASTERLY, THE RADIAL TO SAID POINT BEARS NORTH 30°2 9' 0 5" WEST; THENCE NORTHEASTERLY ALONG SAID 670-FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 27°49' 53" AN ARC DISTANCE OF 325. 45 FEET; THENCE NORTH 87°20'48" EAST 13.49 FEET; THENCE NORTH 02°39' 12" WEST 42. 00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 02°39'12" WEST 20.00 FEET; THENCE NORTH 87°20'48" EAST 20. 00 FEET; THENCE SOUTH 02°39' 12" EAST 20. 00 FEET; THENCE SOUTH 87°20' 48" WEST 20. 00 FEET TO THE TRUE POINT OF BEGINNING. AREA= 400 SQ. FT. W:\HSOFFICE\WINWORD\96-lOOS\030129 Dr•inage,lgl,doc ---•,•· 15489 DATA TABLE DATA TABLE (CONT.) ~o) DELTA/BEARING 1 N 02'J1'29-W 2 6 = 05'Jl'J1· J N 6J"l6'4r£ 4 6 = 11'31'59. 5 N 5271'18• £ 6 A= 21'11'5r 1 I:::. = 00'21'51. 8 6 • 01'2816. g A = 02"1J'lr 10 N 18'21'29. £ 11 N 18'2729" E 12 N 78'2729. £ IJ Ac 26'52'/r ,,, s 1no1r£ 15 A= 16'521r 16 N 88"21'29_ E 11 N 88'27'29_ £ 18 N 88'2729. E 19 A • 07YJ.J'18" 20 A= 21'21'JJ9 VICINITY MAP ,,,_ i --c~c-:a~N -~_,.u,...,~--=-1 .... A---=1=--s - .:1 Ji 2710 Loker Avenue 760-931-7700 Suite 100 Fax: i Carlsbad, ~ 760-931-8680 8 92008 RADIUS LENGTH --606.0r 800.00' 11.16. --191.95' 100.00' 141.51' --215.98' 1250.00 llJ.JT 125aoo l.94· 12saoo· J2.09. 1250.00' 59.5.J --189.81 --29-1.18 --1a90· 67QOO' J11.2J --104.18 s1aoo· 191.29 --40.60' --"8.J.21 . --209.42' 67QOO' 82.50' 670.00' 25o.J5' (NO) DELTA/BEARING RADrus LENGTH 21 N 59'59'.J9. E --fOJ.00 22 6 = u:19~r 670.00' 171.45' 2J A = 02'J0'2fr 67QOO 29..JO' 24 6,. 007575· 61aoo 2.97' 25 N 77'24'56. E --209.18' 26 6 • 2675'50" 670.00' J01.12' 27 N 51YJ9'06" E --100.00 28 A• 04'24'55. 670.00' 51.6.J' 29 6 z 0J'56'5r 610.00 -16.17' .JO 6= 21-,,g•s.r 670.00' J25.-15 JI N 87'20 ·ur £ --IJ.49' J2 N 81"2fUtr £ --2aoo .JJ S 16'06'20" £(HJ --12.00' .JI A= 00'56'55" 1208.00' 20.00 35 s 1s1J..,,.r £ --88.68 .J6 s 1.Jw;1r w -2aoo· J7 N 167J'.f.J" W -88.88 J8 N 15,,,l'JO" ff(H) --42.00' Jg N J5'5510" W --88.JJ' 40 N 54'fJl'50" E --.J0.00' 0/WNACE DEDICATION ARE4 • 0..18 AC. BASIS Of B£AHJNCS,· TIE IMSlS (F IJ£NilNCS IS TH£ HCST I.INC (F MAP NO. TOJ12 I.£. N 02"J7'29• W m;Al QESCBJPTION.· A PORTlaf OF £OT 421• OF RANQIO AtiVA HEDIONOA, IN THE QTY OF CARL.571AA COUNTY OF SAN DIE'CO, STA TE Of' CAURJRNIA. ACCOHDINC TO IIAP TH£REOF' NO. 82J FILED IN THE OFF/CC OF 1H£ COIINTY R£cafDER OF SAN DIEGO CWNTY, NO&BER 18, 1896, CXC£PTING THEREFROII All THAT PORTlaf £ YING SWTHERI. Y Of' 11IE NORTHEHI.. Y l/N£ OF CARJ.SBAIJ Tl?ACT NO 74-21, ACCORDING TO IIAP NO. TOJ72, FILED IN THE OFFTC£ OF THE COUNTY R£COfNJ£R OF SAN OICCO I I lS-<jqo DATA TABLE (CONT.} DATA TABLE (CONT.) (No) DELTA/BEARING 41 S 35'5510· £ 42 o. = 01'2s'2r 4J S 1476'1,r £(NJ 44 6. = 01'32'21· 45 S J5'55'10· £ 46 s 51'07'.Jr w 41 N J5'55'10" W m s 11'J2:Jr £ 49 N 78"21'29. E 50 6. :r .J0'41'17" 51 N 8816'2J" W 52 6. = 25V7'27" 5.J S trJ2"J1" E 54 N 78'21'2S-£ 55 s l1"45'4r £ 56 s 18u19· w 57 N tr45'41" W 58 N 01".J2'Jr W 59 N 01'J2"Jr W 60 N 88'2T29. E 61 S 01':J2'Jr E 62 S 88"27'29· W 6.J N 01".J2'Jr W 64 N 01'J2'.JT" W 65 N 88'27'29" £ 66 S Ol 'J2'JI" £ 67 S 88'27'29" W 68 N 08'35 'tf.S-WfR, 69 N 09'30·.1,r W 70 N 80°29'26. £ 71 S 09 'JO 'J4" E 72 6..,. 01"49'29_ 1.J N 15"20:J9. EIR) '' 6. = 01'51'41" 75 S OJ'OO'J.I. £ 76 S 86'59"26" W 11 N O.JTJO'J4. W i --==c0~□;:;--:;-:.~......,U,.,...,...L-=T,...,A~-;:T-,Sr--.!!f _§ 2710 Loker Avenue 760-931-7700 Suite 100 Fax: ii Carlsbad. CA 760-931-8680 ~ 92008 RADIUS LENGTH ~o) DELTA/BF.ARING --99.78' 78 N 12'50'20" #fH) 1292.00' J2.1!' 79 N 20'00'21" W --42.00' 80 N 69'59 'J!F £ 1208.00' J2.45" 81 s 20'00'2r £ --16.17' 82 s m4·srr w --.1aoo· 8J 6.= 001516" --88.5.J 84 S .J4"25'59. EfRJ --42.00 85 6. = 0216'0r --26.54 86 s O.JV8'5r w 11aoo· 91.05 87 N 86"5l'o9w W --20.00 88 N O.J"08"5r £ 1gaoo· 8.J.31' 89 S J0'29'05. £(HJ --42.00 90 6. = 01"49'32" --20.00· 91 S J0'54 '46-£ --JJ.25 .92 S 59'051-r W --2aoo· 9J N 30"54 '46. W --33.32" 94 N 02'J91Z-W --42.00 95 N 02'.191Z-W --54.45 96 N 81"20'#1. £ --2aoo 91 S 02'J912· £ --54.45' 98 S 87"20 '48. W --20.00' --42.00 --39.90 --20.00· --39.90· --20.00 --,1-2.00 --52.01 --20.00 --52.01 628.00' 2().00 --42.00' 628.0()' 20.40" --59.JT --moo· --55.J4 DRAINAGE fASDIENT DEDICATION PLAT RADIUS LENGTH --42.00 --51.27 --20.00 --59.87 --11.01 112.00' l/6 --42.00" 628.00' 2-1.87" --46.JJ" --20.00' --Jl.56' --42.00 628.00' 20.01 --.J8.J5 --2aoo --.JB.82 -42.00 -2aoo· --20.00· -.-2aoo· --2aoo· \ I I \ RANCHO AGUA HEDIOJVDA. P.ae. ------·····-~-•" MAP No. 828 PDFl LDT B EXIST/NC 20' S£MR EASEMENT IJIJ(NA SAN/TA TlON 01ST. F/N 2296.16 5 ltEC. 12-21-65 RAJVCJ./0 AGUA HEDID!VDA MAP No; 828 POFl LOT B ,i (t,; ~ 1 u· 100· EXISTING 15' OHAINACE {ASEMENT~~' CITY OF CAHlSIJAD r11 F/N 82-111541 1/ LOT 5 SCAl£: 1 • • 200' ------------. - LfCENQ,.: ~, ~-AREA OF OHAINAGE L...~~ FASDIENT 0£lJICATlON ~ N ,, -- ------•-.................. ---· .................... . y· ;o· 100· SCALE: 1 • • 200' 760-931-7700 f'ax: 760-9J1-B6B0 RANCHO AGUA HEDIONDA MAP No, 828 PDF/, Lor B RANCHO AGUA HEDIDND/J MAP No. 823 PDfl LOT B LE(iENO: R'\..' ~ AREA OF ORA/NACE I:.,.~~ E:AS£11£NT !)£!)/CATION DRAINACf fASEIENT D£DICAUQN PUT 15492 . I PARCEl. 1 "'" RANCHO AGUA HEDIDNDA PARCEL IO MAP No, 8_23 PDR. Lor B ~=---=-_ _-:-_~-·~~~~~~_noi ~ Cf 50' ii 100' Sr.ALE: , • = 200' RANCHO AGUA HEDIDNDA MAP No, 823 ·POFl Lor B LECENQ: .. · "'-."-. ~-AR£A OF ORA/NA~[ L'\...~ fASEAl£NT 0£!JICATION 154-93 ,· RANCHO ABUA HEDIONDA MAP No, 823 POR LOT B 'fu 50' 2f>' 100' SCALE: 1 • = 200' 3 ' I 1 PAHCEl 12 \ I I \ RANCHO AGUA HEDIONDA 1 MAP No, 828 1 POR, LDT B ,,%P1 ,..,,.. EX/SUNG 12• S.O.G..t £ EASEMENT--..,,___..,~#" I ~i,G.tt£ ~~ I ~ .. lJ-256127 . \ LECENQ: ~ __ C_o_C -:-~-U-~~T-A---T-S-- 111 ""-.°"'-. ~ ARFA OF ORA/NACE ~"-.~ £.ASEll£NT !)£0/CATION j 2710 Loker Avenue Suite 100 i Carlsbad. CA 8 92008 760-9J 1-7700 Fax: 760-931-8680 DIIAINAGE EASEMENT DEDICAUON PUT I I I I I I P,M, 15498 I I I \ 1: \/ :/,1 \ f/ I ,I I 1/' I ,7 \Y t_, \C-0\;CORDING REQUESTED BY AND l WHEN RECORDED MAIL TO: l City Clerk CITY OF CARLSBAD ) ) ) 1 200 Carlsbad Village Drive } Carlsbad, California 92008-1989 ) DOC # 2004-1 066056 11111m 1111111111111111111111111111111111111111m 111111m111111111 NOV09, 2004 4:44 PM OFFIOAL RECORDS SAN DIEGO COUNTYAECOROEA'S DFACE GAEGOR'I' J. SMITH, COUNTY RECORDER FEES: 13.00 PAGES: 3 lllfflllllllllllllllmlllllllll~IBI 2004-1066056 Space above this line for Recorder's use Assessor's Parcel Number 209-050-04; -21; -22; -23; - 24 Project Number and Name SP 211/CT 97-13/HDP 97- 10/PIP 02-02/SUP 97-07 Carlsbad Oaks North Business Park NOTICE OF RESTRICTION• ON REAL PROPERTY The real property located in the City of Carlsbad, County of San Diego, State of California described as follows: That ponion of Lot "B" of Rancho Agua Hedionda, in the County of San Diego, State of California. according to partition map thereof no. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896 is restricted by a Specific Plan, Tentative Tract Map, Hillside Development Permit, Planned Industrial Permit, and Flood Plain Special Use Permit, No(s). SP 211, CT 97-13, HOP 97-10, PIP 02-02, and SUP 97-07, issued by the City of Carlsbad on October 8, 2002. A copy is on file at the City of Carlsbad Planning Department. The obligations and restrictions imposed are binding on all present or future interest holders or estate holders of the property. Rev. 06/04/96 ,, C OWNER: CARLSBAD OAKS NORTH PAR.TNERS,L.P. By: Sun Tech InveatmentatCog,., Hanag1ng Genera~ ~ar ner Signature Paul K. Tcbang, President Print name and title Signature Theodore Tchang, Vice President, CFO Print name an.d title October 15, 2004 Date 0 95040. CITY OF CARLSBAD MICHAEL /i~fR, Planning D~eror II I 0+ Date APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: ~' (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). Rev. 06/04/96 -·- 25041 ST A TE OF CALIFORNIA COUNTY OF SAN DIEGO On October 15 1 2004 before me, Susan E. Eubank. Notary Public Notary Public, personally appeared Paul K, Tchang and Theodore Tchang [] personally known to me ~ or O proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Rev. 06/04/96 ., ... 25045 DOC# 2004-1 066068 I 1111111111111111111111111111111 IIEI 111111111111111111\ IIII IH 1111 ~r> CORDING REQUESTED BY AND ) ~WHEN RECORDED MAIL TO: ) NOV09, 2004 4:44 PM OFACIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GAEGOflV J. SMITH. COUNTY RECORDER FEES: 23.00 WAYS: 2 PAGES: 4 11111110111111111 City Clerk ClTY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) Space above this line for Recorder's use Paroel No. 209-050--04; -21; -22; -23;-24 Project Number and Name: CT 97-13 Carlsbad Oaks North Business Parle NOTICE AND WAIVER CONCERNING PROXIMITY OF mE PLANNED OR EXISTING PALOMAR AIRPORT ROAD AND MELROSE DRIVE TRANSPORTATION CORRIDORS CASENO: CT97-13 This Notice Concerning Environmental Impacts is made by (name of legal owner} Carlsbad Oaks North Partners, L.P. , hereinafter referred to as the "Owner" is developer of certain real property situated in the City of Carlsbad, County of San Diego, State of California RECITALS A. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of vehicles including public and private vehicles which will generate noise and other environmental impacts. Purchaser acknowledges and accepts these existing and future impacts and forever waives any and all causes of action against the City of Carlsbad, and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. B. The Owner is the developer and/or holder of the title to certain real property in the City of Carlsbad, County of San Diego, California, more fully descn"bed as: That portion of Lot "B" of Ran.cbo Agua Hedionda, In the County of San Dieg~ State of CaUfornla. according to partition map thereof no. 823, filed In tbe Office of the County Recorder of San Diego County, November 16, 1896 C. The property is located adjacent to the Faraday Avenue Transportation Corridors (hereafter described as corridors) on which transportation vehicles such as automobiles, trucks, motorcycles and/or vehicles for rail and transit are proposed to travel. D. The property has been developed in compliance with City and State Noise criteria which may include mitigation in the form of setbacks, earthen benns, masonry walls and/or Noise Form #1 Rev. 02/02/99 ., C 0 25048 FORM: NOISE l: 2 OF 3 structure upgrades. E. Owner has no control over the operations of the corridor including the types of vehicles, trips and traffic, nor the frequency of the trips. F. It is the desire of Owner to give notice to any potential purchaser of the real property of its proximity to the corridor and the fact that purchases may be subject to the impacts of said proposed transportation corridor. NOW, THEREFORE, in light of the above Recitals, owner does, for itself, and its successors and assigns, give the following notice and makes the following waiver: 1. Owner has and shall develop the property in accordance with a Subdivision Tract Map (CT 97-13) approved by the City of Carlsbad, which approval includes the requirement of the City of Carlsbad, that the development of the property is consistent with the Land Use & Noise Element of the General Plan of the City of Carlsbad. 2. That Owner has no responsibility or control over the operation of the corridor, including without limitation, the types or numb.er of vehicles operating on the corridor. l. That the vehicle operations on the corridor may create significant impacts affecting the purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the property reside there subject to sight and sound of vehicle operation. 4. The property shall be held, conveyed, hypothecated. encumbered, leased, rented, used, occupied and improved subject to this Notice. This Notice shall run with the property and shall be binding upon all parties having or acquiring any right, title or interest in the property. 5. The pwpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by al) manner of vehicles including public and private vehicles which will generate noise and other environmental impacts. Purchaser acknowledges and accepts these existing and future impacts and forever waives any and all causes of action against the City of Carlsbad, and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts. Noise Fonn #1 Rev. 02/02/99 ✓ 2504'1 FORM: NOISE 1: 3 OF 3 Executed this 1 5 tb day of October , 20...,n..,4 __ •OWNER: CARLSBAD OAKS HORTH PARTNERS, L,JI. By: Sun Tech Investments Corp,. Managing General Partner Paul K. Tchang, President (print name h~re) President (title and organization of signatory) By. ---z___p ~ (sign here) ~ Theodore Tchang, Vice President, CFO (print name here) Vice President, CFO (title and organization of signatory) (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. OthelWise, the corporation must attach a resolution certified by the secretary or assistaht secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner. the partnership must attach a statement of partnership authorizing the partner to execute this instrument). APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: ~"· ~ City Attorney II-~ Noise Fonn #1 Rev. 02/02/99 , 25048 STATE OF CAUFORNIA COUNTY OF SAN DIEGO On Cctoher 15, 2004 before me, Susan E Eubank, Hntaq P.uhlic Notary Public, personally appeared Paul K. Tchang and Theodore Tcha:ng • (XJ personally known to me -or ( J proved to me on the basis of satisfactory evidence to be the person(s) whose namc(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~~ Noise Fonn #I SUSAN E. BUBANKI COMM. I 1394222 ~ /tJT IWtlC-CALIPOINI., SAN DIEOO COUN'IY 0 COMM.I00'.1'1!8.13,2007"' Rev. 02/02/99 ________ ,_, _________ ,.,. """ 1 ~ '-., ~) \ ~ ~ ~ ~ MAP NO. 14926 CARLSBAD TRACT No. 97-13-01 CARLSBAD OAKS NORTH SHEET or 1• SHEETS t PA1RICK N. ozwr. A RCQSTEREIJ a.i. ENQNEER (F TIE STAIC (T CAl.f1.IIW,I. JEREBY STATC THAT THE stJRtEY (T T1IS Sll/DttSION 111S IIAl)f BY IE tR INJ£R IIY OIRE'CTTON ON #If; THE~ /EMC AU PAR1ES HAIIW:' ANY li£CORI) Rn.£ OF NTEREST N 1H£ LMfJ COtERE1J BY 11#$ .tt-4P. DO IEJifBY catSENT ro 1H£ A'iO'ARATJa/ AMJ ~TIO/ OF TIIS MAP AS SHOIM,,,,., 1H£ SlJIJOl'lfSIOI BOIJNIJARY JJI£ re IEREBY 0£1JICA1E n, 1H£ QTY OF~ FMAtMY AIEM,£ a ROT£ SIREET, CM/BOIJ COIRT ANO tJHPTAL LOOP FOR l'tBJC STR££T ANO PIJBtJC UTIJTY PUtJ'05£S AU. AS SHOIIN OH 1115 MAP. IE ALSO OE1JICATC m 11E arr OF CAR/..SBAI) 1H£ PIJBtJC fJIWNA(E EASBENTS AQli'Gt5:S' LOTS 11 NI) fl. AS SNOIIN OH 1HS MAP. WE Off£lf m D£/JICATE TO THE arr OF CARLS&W 1H£ SfllER CASBENT Aaet:l5S LOT 2. THE SEIER E'ASEJENT AQl'OSS LOT 11, 1H£ 11PAl. £ASDIENT AOMS:5' LOT 11 ANO 1H£ RB.JC Aa:l"SS £A!BENT AalOSS' LOT 1, AS SHOIIN ON T1IS MAP. .--4£.,50 OBIICATE 1D TIE arr OF CA.tS5CO ENTRY RIGHTS OtER LOTS 14 ff AMJ 12 10affATE ANO 1/MiTAli IJIWNA(E BASWS SEia IIA1ER AMJ ORMiAG£ FAClJTES. IIC HEREBY REl.llQUSH AM) WN~ All AIIVT1ERS RJ/iHTS OF Aa:D:S' FRO/I LOTS 1, 2 ,1 I AM) 8 NANO RJ FARA/JAY AlfM,£ fROli LOT 2 NANO Tr) B. RERTC STREET, fROli lOTSJ 4, 4 4 7Ni08NAND 10 ,,,.TAI. l(J(JPANOfRatllOTS4, ,1 ANOIN AMJ TrJ CM/BOIJ caRT otaPT AS P£RJIT7ED IEREa( AU AS SHOIIN OH 1115 IMP. 1£ CWS&40 aMS" NORTH PAR11ERS LP,. A CAl#OWA lMTED PARTNERSHr (l'OtMElt"J HOUY GRANT TD TIE arr OF~ (THE ,,,,....) AN OPlN sPAa EA!BENT (TIE ~T? OIBe ~ Aaet25:S ANO IHJ£R LOTS 14 II ANO 12.IT1£ "sl.B.Er:T I.AMJ' 1H£ £ASBEJIT IS FOR 1H£ nuo,w; Pfllfl05ES (,) A PDlPC7WJ. CASEJIDIT RlR OPEN SPACC Ola t.flO'( Aao:s:5' ANO uaJf 1H£ SIJBECT LWJ. Dtr:'£PTNG ~y PI.BJC UTIJTY LIE$. 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ANO Dllfr:TOH tT PUBLIC tl!CRKS fF .S4C) ctXMTY, IEREIJY aRTIFY THAT TH£R£ MC NO IH'A/0 ft'aAl AS5£SSIJ£NTS tR IKNJS ll«JI .M4Y IE PAID N FW. SHO#N Br 11£ BOa<S (F aJR OFF1C£S AGAIIST 1HE 1RACT a, SUDWSION tR ANY PART 1HER£(F SHOIIN al TIE AHNEJ8) MAP ANO fJ£SCll/8ED N TIE CAPTION THERf.'OF. /MN l/CAUJSTER ctUITY 1R£A51JR£R -TAX COU£C1'1f s"'-,IJ. ,;., t ~L ..: 0£PUTY ::::-OrM 1.., I :Zoo't DAIC > t-«HI L SNWJlR DIIECTD/i <FPUIJLIC tl!CRKS BY: Ku, ACK r,◄r D£PUT)' ~ DATC t ~ II. STANTm. QTY TREASURER (F THE QTY (T 04Rl'..SBAa STAIC fF G4tlllW,(. HtROIY aRTFY THAT 1HOlC All£ NO LENS FOR IN'AIO arr TAE' Olf l#AIO IKNJS ISSIJ£D IJNO£R ANY JWIROWJENT ACT OH JWIROtEJIENT IKH) ACT tT 1HE STA IC (F CAJ.FaiMA SHO#M; ON 1IE BOOKS OF 11IS a:F1CE. or:£PT TAlfl' NOT 1ET PAYAIIE AfJANST TIE IRACT tR S1JIJDMSl(lf tR ANY PART TIER£(T, SHO#N ON TIE ANNOfED IMP ANO O£SCR/BCD N TIE CAPRON 'f1ERCOF'. N #ITNCSSd:1-°1' NAIC IERtlA!m !ET IIY NANO 111S.::;is-'f1, IJAYG>" ,u~ ~ JAJES II. STAN,r:,,t BY: 71!. 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J.OOPANOFROIIJ.OTS( ,i AN06NANO ,r'JCARIIJOl,JCOI.IITAS REUKJtl5HED ANO IWl,ED ON 11IS MAP, ANO HAS Aea1'1ED TIE rP£N sPAt'.l' EASEJENT 01« lf'l'l'( A{R(JSS ANO IJNO£R J.OTS 10. fl ANO 12, ANO HAS RCEC'TED al B£HAlF OF THC aTY OF OIRl.5840 THE SCJIER EASEJIENT Aai'OSS' J.OT 2 AS SHOIIN ON 1IIS I/AP. NOT£· SEC110N 66477.2 (F TIE (}(}',,cRNIIENT COO£ OF THE STA 1F (T G4Ll1.li!l'l'A PROIC6 THAT A HE.ECTED OFFCR SHAI.J. IIDIAN (l'EN ANO SI.B.ECT 1D FIJTllflC ACCD'TANfE Br TH£ CITY. N •TN£SS tllER£CT .SW ClXMX HAS CAUSED H.3'£ PRESENTS TO BE ~':,B&:; arr '!§:,!{5 ~ DAY <F /' >. 4,.,; < C-n _:?oz-£ _ 11.~ arraIRK .U. r, totJf AHD SAD 51.RtEY IS lRIE ANO COlftETC AS SHOllt THAT TIE IIONLIENTS (T THC QIARACTER IOCATED HA~ /EEN SET OR FaRJ AT 11E 51JIDW90N BOINJARY ~ ANO I #U SCT A/.1 OTHER lltNMENTS tT TJE awtAC'IER AT 1HE POS1110NS IIOCATED BY THE LEGEND If 1IIS MAP.,,.,.» DAl'S AFTER TIE COIJPI.ITKM (T 1HE RCOIJREI) M'f/OtEJEJITS AND 1'ER Aca.prANC£ Br TIE aTY (T CMl.5B4D AND AU. StJCH IKMJIIEJITS ARC a, Ill IE SIFFICENT ,rJ £JWJlE 1HE 5lRl£Y TO B£ RC1RAaJJ {SE£ l£GERJ ON 5HEET Na ~ PATRICK N.~:7214 - llrREQSTRATION Df/llRfS .r.11-05 tq',,/.., DATC t UOWJ B. IUJIIS. Dli£ClrR (T PUtJUC OKS OF TJE aTY OF C4RL.S!M4 Oll#DIWA, HE1iEllr COfTTY THAT I HAtC lXMINlD TH[ ANIEJfED IMP (F T1IS SUJOIW!Jal TO IE KNDtlN AS CMl..SIMO TIMCT NO. 97-t.rm. CARl'..sBAO OAKS NORTH. PHASE 1, CONS1S1NG OF 14 SIEFTS AK) IJ£SCRIBED N TIE CAPTION 1IE1i£OF', ANO HAI£ FaRJ THAT TIE O£!IQ( IS SI.JtlSTAH11AU.Y 11£ S4.llf' AS IT APPCAR£D CW TH£ TENTAH~ MAP MfJ ANY AffWOlG Al~TIONS 1H£RCOF; THAT A/.1 PROWSIONS (T TH£ SUJOMSKJN I/AP ACT OF TJ£ STAIC fF OO#D'MM, ANO ANY loc,J. ORDINANCES OF 5411 arr APPUCA/II AT TIE TIM[ <T THE~ tT THE 1DITAR'E IIAP HAVC BEEN COIIPt.E1J •TH. All) I Ml S4TISFED THAT 11IS MAP IS TCCINCA/.1.YCORRCCT. :::~fN6'f J.l0'if)B. 77- DIIECTDI? tT PUJI.JC #Def($ DPlllES l2/.Yl/1'J5 & IIKRAEJ. J. 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SlllH. ctUfTY R£CORDER or TIE COJNTY OF SAN IJ£~ STAIC OF 04tl09WA, IEREIJY CETITTY THAT I HAtC ACCEP1ED RJR ,ffl;l',R1ATION 1MSJIAPAT 1HERBJIESTOFPA111CXN. 02'AY ~OFt'#t bcC .Jl2.!,AT ~ otloot....EII. li1!Ei;o,r J SIIITH B" '.RflWI,, ~ ctUITYRrnJf/lJEN FCE.•.aY-1.00 ~ (;1, no, olOO~-\IIOOC.S CALIFORNIA COORDINATE INDEX NUMBER 199"-6252 TENTATIVE MAP C.T. 97-13 0 0 MAP NO. 14926 CARLSBAD TRACT No. 97-13-01 CARLSBAD OAKS NORTH SHEET 2 Of' 1-4 SHEETS """°'"""""' COIJNTY(TSWOEriO ON Ct~\~1.001: IJERJRCIE;TIE""""""'11A fi.~STAR;/1fR5lMJ.Y~ ,!''41!'1,J...,.~!Ye'I== (/lfRSIJNf,IJ.l'llNOl#t 10 IE) (PffttMD m IE a, 11E Of' IOIETIE""""l\;IIIID5£-ro 4/Mf"~'ID11Ell11IIINS11iUEllfMOACKNIJ#UIJID'fDIE ~::::o~==-(}lf~ 11E ~ Off omrr IPON IIDMU tT 11«:H 11E PEll50N(S) AG'1Elt OB:lle1IEl611itMNl. ~~ia 1/Y-IU:£&/JIJSRSSISNTIE ~~•l!j i,Yidl ~ MJTIIIT /VII,& If MO R1H SiM1 SWC S1A1CrTQllffllNI CtJIIRY OF SAN l)Er}(J °"~=--~~~~~--8£RJIIE,W; TIEIIClf1lSIIQIO,A M11Mr PUJlJC II MD RJR stO Sliflt /IEll5tMU.1 AfflE' ~-=o,=«=TISl.=Ol:~ ... =,=-==~=~=TDIEON l1C ,¢/.MiFJUIR;)IIEl1D11ElflllllNS1RtM/lf'MOK:lfNDIII.BJGEDRJIE THATIE,/SIE/IIE'fDmJ1(1)11ES41Ell~AIITHDRIZOJ MD 1NU /If~ SIGIWtllE(S,) ON 11E N511iUIE1ir I 0/i Olf1Tr l.l'ON IIDMU OF INCH 11E ~ ~ -'111ESSIIYIWG -IIY Rll'tCfkt: PIK:£ Of' IUSIESS JS II 11E ~=-==--::::::_-::::::::_-::--=- NOTMY PUJlJC II !NJ R1H SCI.I SWE SWCOf'- COURr OF SAN OEriO "'11ESSIIYIWG -IIYFIINCffLPIK:COFBIJ5IESSISN11E ~=.;-=,--_-:_-_-:_-:_-_-:_-:_-:_-_-:___- NOTMY NBJC II NIJ F7JR S40 $TA1C O'DAY CONSULTANTS, INC. ~~-11$1 ... PHASE I CALJF'ORNIA COORDINATE INDEX NUMBER 1994-6252 TENTATIVE MAP C.T. 97-13 ( ) ) t CARLSBAD TRACT No. 97-13-01 CARLSBAD OAKS NORTH PHASE I INDEX MAP SHEET I .---------------L-------- I MAP NO. 14926 SHEET 3 or 1 -4 SHEETS ~ iii /:f' ! i @ ~--------··7 , ---------........ / --,: ( ____ _,,,--,,;;;:::=~=----~ SCALE:,. -1500' VICINITY MAP O'DAY CONSULTANTS, INC. ~~~~- NOSCAlE SITE .... t I i I i I I \ I~ I I : I I Ii \. r,;;m.--14------I " ... ___ __.n-__ ,._ • \ :I',, @ ----------....... ' --• '\, l i -~ I SHEET II IND£X l,(AP SCA/I: 1••IOO' SUIVEYQH:S: NOTE: ~~~:a:~~ :1,¼2'f1 ~°';~~':la~~ l}%(:ff fJ'Ra'ERTY llE AM} lH£ £ASIE1f.Y l.K IS TH£ £AST /.IN£ Of RANCHO AQIA H[(1(NM PfH MAP 8lJ. M SlRlf"Y ESTAILISIES TH£ £AST lH rT /?ANOfO AQJA /£aOlll)A (F(R PtJRPOSES ()f lSTASJSHINC THE IICSTDlY SUIDWSKI' BaHMRY) SY ACCEPING TH£ TIIQ fl)(N) M<NNENTS AS SHO#N BEl.OW. 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NO. 517{EtYlMlOTB)--......._..:'-'i ~ ·= ~ ,-Fil,.,.,""'"-l~i;; 1 / ACCEPTEOASN. !IE , • fl} 2"lP. ffRLEClJK)~ CTIIAPNO. 10372 :~~ ;cc:/:ffDmf~~T2UfE C! ' \ FO. J/4" lP. fP£N -ACCEP"!ED AS PT. j Na 1, £OT~ MAP 82J. Al.SO ACCEP"IED AS 3/4" lP. W/QSC MAliKCD 1S 1161" P£I? ROS 5456, PM 118/J, PII 176J JIAP 10371 OlTAtl SHOWfNG 0£1£lil/lNA TION Of' WCST£Nl Y SlJ8DMSION IJOIJNDARY J}filJJ, NOT 1DSCAIE CALIFORNIA COORDINATE INDEX NUMBER 1994-6252 TENTATIVE MAP C.T. 97-13 C ( .l ·flJ. J/1" RON Pff W/ OIS1: ltW® lS .Mr NO REcai'O FD. REBAR ti Pf.{I(; -11.lEGIB.£ NTA!l '8' Sff SH£ET No. 5 ({N89'59'20"1f,l(i1J81'R2)) ~'2TO(w_ llfJ.JJ' KT/ FD. J/4" ID/ Pff W/ PUIG NO/lffiRJ!iCf ROS 6./78 ti ROS 9167 / ~ ~ .• ((l#IU1' NJ)) ((891.97',R2)) .:..---/Ul.!19' --~ 891.1' --:::e: ♦ I ♦• ~~'f:~ i ·•■• Q18'N1YfFl~ 1' @ / --,,,,, II !I i~ ~~, ~~ ~~,, ~I. ►t e~ Si\ ~~ ~ I lit~ i , .. --..... _, I '---....__,/ \! 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S£IICR SrsTFM--Ai.lCRNAR'E '1--arr ¥ASTFR SEIICR Pl.AN AL'ICRNAO',£ Ct:WSTHUCT!CW CY TH£ ,s· CRAWTY-now SE1ICR fROII SAHi liEACH 8 TO SAHi REACH 0. THE CANit:W ROAD PtAIP STATl(W, FOl?C£ MAIN AND CRAWTY !IN£ It/UST BE CQIPI.ETFO AND fl"ERAllONAI. PR/CW TO TH£ ISSI.IANC£ OF 8tlll.lJfNC PEINITS FON THIS PHO.ECT. SEIIEfi SYSTDI--ALTET(NARI,£ p--Pf.AIP STA1/all/ PflOP(JNENT AJ.fERNAOlf" IFFOHENIIRCWM£NTAl R£AXWSOR ACCNCYREQIJIROEN~ AJ.!fRNAOI£ '1 CANNOT DE 111Pt.Dl£NTCD, THEN Ai. TFRNA RI£ p 5HAJ.1. BE IXWSTRtlCTED AS Fa.LOWS: TH£ CONSTHIJCT!CW OF A FfRCC MAIN SEIICH IN FARA/JAY A ITT.'££ Tr) El CAMINO HEAL. THEN N<RTH TO CONNECT TO THE SAH ll£ACH F AND ~TJNI./£ TO TIE CANNCW ROAO PfA/P STATl(;N. TH£CAMKWROAD PUIIPSTATICW; flRCE JIAINANO CRAWTYUNC AIUST BE COMPJ..ETED ANO aoc!IATIONAI. Pfi10R TO TH£ ISSUANC£ (T 8t/ll1JINC P0/1,1,S FOR THIS PHO.Eel. £ BlllWfNC PON/TS lflll NOT 8£ ISS1J£0 FOR TH£ PHO.ECT tJNI.ESS THE LOCAL ACiENCY PROWANC WATFR AM} S£JIER SER'«CS TO THE Pli(),£CT PROWJES IIRITTEN CERrn:AllON TO THE arr THAT A0£QUAT£ WATEH SER'tfCE ANO SE#CH FAC/LITCS, R£SP£Cm£l. r. ARE AVALA&£ ro 7H£ PRO.£CT AT TH£ RM£ (T TH£ APPUCAllal Fai TH£ BUil/JiNG P£Rlllr, ANO THAT WATFR ANO SEIICR CAPAOTY ANO FACJUTIES ltll.l CONllNUE TO B£ AVAit.ABI.E UNTIi. 1H£ 1111£ (Y OCCUPANCY. CALIFORNIA COORDINATE INDEX NUMBER 1994-6252 TENTATIVE MAP C.T. 97-13 ·:, RECORDED REQUEST OF First American Title SUBDIVISION MAPPING DEPT. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Car1sbad Village Dr. Car1sbad,CA 92008 DOC# 2004-1180067 · I 111111111111111111111111111111111111111111111111111111111111111111111 DEC 15, 2004 3:52 PM OFFIOAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 000 PAGES: 3 11nm 1111 nm 1111111111111011101110111 um 011111110111 nm111101 2004-1180067 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NOS: 209-050-21 209-050-22 209-050-23 209-050-24 PROJECT NO. & NAME: CT 97-13 CARLSBAD OAKS NORTH _______ _ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 415·9A) for development to occur on property described as a portion of Lot "B" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896. I/We, Carlsbad Oaks North Partners, L.P ., a California Limited Partnership, the owners of said property promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees harmless from liability for injuries to persons, or damage to or taking of property, directly or indirectly caused by the diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the approved plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the approved plans. Approval of the plans by the City shall not constitute an assumption by the City of any responsibility for such damage or taking. City shall not be an insurer or surety for the design or 1 H:/0evaltl11ff'8111 Services/MaslO<IIBonds & Agraeem,ts/Hcld Hanri-~t Drain---1- C 0 construction of the improvements pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. It is further agreed that the above owner(s) will maintain all drainage systems to insure a free flow to a satisfactory point of discharge unless said systems are accepted as public facilities. It is_ further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. IN WITNESS WHEREOF, the undersigned has executed this instrument this Ir.~ day of O cfa kr , 20.Q:f.. PROPERTY OWNERS Carlsbad Oaks North Partners, LP., a California Limited Partnership Paul K. Tchang, President (Print Name and Title) · Date: By: ______ .....,....___,,..,,__,,_... ______ _ (Sign Here) (Print Name and Title) Date: (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By.~m~ 2 H:/llevel0pn1n1Servlcas/Masl.-.is & Ag1Namt11Hok1Harml ... ~Dralnage RIIY. 12/CMla ~ . 1'741.8 State of California ) ) County of San Diego ) On Oct. 18, 2004 before me, Kimberly L. Aeria, Notary Public {Date) {Name, Title of Officer) personally appeared _........:P~a""'u""l'"""K::.:...· -=T~c~h=-an::,g,.__ _____________ _ {Name[s] of Signer{s)) __________________ __., Q!I personally known to me •OR• D (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal ~Hlif\l~~ Sinature of Not KIMBERLY L AERIA , COMM.# 1311,S, a. A1ff PUBUCCAUl'OIHIA Gt SAN DIEGO COLINIY 0 COMM. EXP. JUl Y 1. 2005 ~ (This area for official notary seal) Title or Type of Document Bald Barro] ess Agreement -Drainage Date Document of 10/18/04 Signer(s) other than named above 3 H~-1 SeMcas/Mas111$1'Bonds & Agl-1s/Hokl Hlffllless ~ Drainage No. of Pages 3 Rev. 12J08198 t .. ' . ·-~. r,: :. , . DOC # 2004~ l l 80068 RECORDED REQUEST OF First America11 Title I 111111111111111111111 lllll 1111111111111111111111111111111111111111111 SUBDIVISION MAPPING DEPT. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr . . Carlsbad, CA. 92008 DEC 15, 2004 3:52 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: 3 11011111111111011111111nm 111101111mom 111101111111nm 111101 2004-1180068 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NOS. PROJECT NO. & NAME: CARLSBAD OAKS NORTH HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE 209-050-21 209-050-22 209-050-23 209-050-24 CT97-13 In consideration of the City's approval of a grading plan (DWG 415·9A) and improvement plans (DWG 415-9) for development to occur on property described as a portion of Lot "B" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, and other good and valuable consideration, receipt of which is hereby acknowledged, 1/(We) Carlsbad Oaks North Partners, L.P., a California limited partnership, the owner(s) of said property promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees harmless from liability for injuries to any persons, or damage to or taking of any property including public property, directly or indirectly caused by the geological failure of any nature, type or cause or any subsequent damage that may occur on or adjacent to this subdivision due to its construction, operation or maintenance. Approval of the plans or permits, or inspection of any work done pursuant to those plans or permits by the City shall not constitute an assumption by the City of any responsi~ility for any damage or taking referenced in this agreement. City shall not be responsible in any manner whatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or improvements made or done pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. The entire risk of any loss resulting from or caused by any geolog·ical failure is assumed by and shall be borne by the owner. 1 H:lllewlopmanl SeM:ios/Maslera/BOndS & Agreements/Hold Hllllllless Agl Geologlcal Failure Rev. 12/08198 0 ., 17420 It is agreed that the above owners will maintain all slopes and landscaping in a manner to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any damage to public improvements caused by any geological failure referred to in this agreement to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which the City Engineer determines may fail and cause damage to public improvements. It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. IN WITNESS WHEREOF, the undersigned has executed this instrument this 1'6-ft., day of Cb+ober , 2~. APPROVED AS TO FORM: RONALD R. BALL City Attorney By:~ eputyCityAorney PROPERTY OWNERS Carlsbad Oaks North Partners, LP., a California Limited Partnership By: Date: By: Date: Sun Tech Investments Corp., a California Corporation, u...n,,.,•sal Partner Paul K. Tchang, President (print name and title) (sign here) (print name and title) (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) 2 H:lllovelopment Seni<inlMasteJI/Bonds & Agteernanla/Hold Harmeu Agt Geological Falture Rev.12108198 ..... State of California County of San Diego 17421 On Oct. 18, 2004 before me, Kimberly L. Aeria, Notary Public (Date) (Name, Title of Officer) personally appeared _ __.P""'a...,u=-1-=Ka:.,•:.....=T.::.ch..,a ... n..,g...,_ _____ __,,..,....-.,..-....,....,,......-~~ (Name[s) of Signer[s)) __________________ ...., Kl personally known to me -OR -o (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal KIMBERLY L AERIA I COMM. f 1311689 An pu81JC,CAIJFOIIN1An $ANDltGOCOIIN1Y ~ COMM.EXP.J\A.Yl,2005 . (This area for official notary seal) Title or Type of Document Hold Harmless Agreement -Geological Failure Date Document of 10/18/04 Signer(s) other than named above No. of Pages 3 3 H:/DeYlllopmant S.M:les/Masl-& Ag-old --Ag! Geological Failure ReY.12/08/98 5 RECORDED REQUEST OF First American Tit/~ SUHOIVISION MAl'PIN~ DE~l. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Carlsbad City Clerk's Office 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC # 2004-11 80069 I 111111111111111111111 lllll lllll 11111111111111111111111111111111111111 DEC 15, 2004 3:52 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0.00 PAGES: 15 11111111111111111 2004-1180069 Space Above Line for Recorder's Use Only W AIYER AND CONSENT TO CREATION OF A COMMUNITY FACILITIES DISTRICT AND AGREEMENT TO PAY FAIR SHARE COST OF CT 97-13 ("AGREEMENT") WHEREAS, the undersigned Property Owner is processing for development with the City of Carlsbad (hereinafter referred to as "City") a development project known and identified as Tentative Trace Map CT 97-13 (hereinafter referred to as the "Project"); and WHEREAS, the legal description for the property included in the Project (the ''Property") is shown on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, City has detennined this Project is located within the boundaries of a proposed Community Facilities District known as Community Facilities District No. 3 (Faraday Ave. and Melrose Drive) (hereinafter referred to as the "District"); and WHEREAS, the District is intended to be formed to finance those impl'6vements generally described in Section 1 herein; and WHEREAS, Property Owner desires to obtain City approval of a final subdivision map for the Project prior to the formation of District; and Waiver and Consenl t 6466-3n008291 .2 10/19/04 0 17423, WHEREAS, a condition of approval of Tentative Tract Map CT 97-13 states: "Prior to recordation of a final map or issuance of a grading permit, whichever occurs first, a financial guarantee for the construction of Melrose Drive shall be approved by the Carlsbad City Council. The project shall be responsible for a proportionate share of the cost of construction of Melrose Drive." (the "Tentative Map Condition"); and WHEREAS, the compliance with tentative map conditions is a condition of approval for the final map for the Project; and WHEREAS, the City and Property owner desire to agree to an alternative method of financing the improvement of Melrose Drive as described in Section 1 herein that will allow Property Owner to discharge its fair share obligation for said improvement in lieu of, or in anticipation of, participation in District; and WHEREAS, the City Council agrees that Property Owner, upon entering into and complying with the terms of this Agreement including, without limitation, the terms for payment of the fair share described herein, has met the requirement set forth in the Tentative Map Condition, to provide a financial guarantee for the construction of the improvement of Melrose Drive described in Section 1 below; and WHEREAS, the Property Owner voluntarily enters into this Agreement with respect to the Project; and WHEREAS, the City Council has detennined that in consideration of the improvement phasing program described below, there will be no major impact on the circulation system at the present time if development of the Project is allowed to proceed with sufficient financial guarantees for future construction of Property Owner's fair share of Melrose Drive; Waiver and Consent l 6466-3/2008291.2 2 10/19/04 1'1424 NOW, THEREFORE, in consideration of proceeding with the processing of the Project, the undersigned Property Owner and City hereby agree and certify to the following: 1. Property Owner has previously petitioned the City for the initiation of the proceedings for the formation of District which will cause the construction and installation and/or financing of the following improvements, among others (hereinafter "Improvements"), which are generally described as follows: (a) El Fuerte from northerly terminus to the future extension of Faraday A venue ("El Fuerte"); (b) Faraday Ave. from Orion St. to Melrose Dr. ("Faraday Avenue"); (c) Melrose Dr. from Palomar Airport Rd. to the Vista City limits ("Melrose Drive"); (d) Palomar Airport Road Widening from West of Melrose Drive Intersection to the Vista City Limits; (e) Melrose Drive construction of right turn lane south of Palomar Airport Road. 2. The cost of construction, engineering, environmental mitigation, legal and other incidental expenses of the Improvements will be funded by the District if and when formed. 3. Property Owner acknowledges its rights to notice of and participation in all phases of formation under the "Mello-Roos Community Facilities Act of 1982," and hereby expressly waives the proceedings required and all limitations contained in Title 5, Division 2, Chapter 2.5 of the California Government Code and nonetheless with full knowledge of such rights, completely and forever waives such rights. Specifically, Property Owner hereby consents to the proceedings and waives any right to protest the formation of the District and the ordering Waiver and Consent 16466-3/2008291 .2 3 10/19/04 of the Improvements under applicable California statutes and consents to and supports formation of said District with respect to the Project. 4. (a) Property Owner agrees to pay to City, or provide its fair share of the costs of the Melrose Drive improvements ("Fair Share") as set forth below. (b) Property Owner's payment of its Fair Share, initially estimated to be in the amount of $2,066,223, shall be secured by the posting of cash or a letter of credit, in a form and from a financial institution acceptable to the City Finance Director, prior to the earlier of (i) transfer of a fee simple interest in all or any portion of the Property or (ii) issuance of a building permit for the first commercial structure to be constructed within the Project. If any portion of the Project is transferred without the posting of the required security, both the succeeding property owner and Property Owner shall be jointly and severally responsible for providing the required security. (c) The Property Owner's Fair Share will be conclusively determined by the City Council in the manner described in Exhibit "B" attached hereto and incorporated herein by reference based upon (i) the actual costs of Melrose Drive or such other alternative improvements found by the City Council to be functionally equivalent to Melrose Drive ("Functionally Equivalent Improvements"), if the District is not formed, or (ii) according to the methodology used to establish the spread of special taxes of the District, if the District is formed. (d) Any funds paid to the City shall be held in an interest-bearing account and disbursed only for use in the construction of Melrose Drive or the Functionally Equivalent Improvements. Waiver and Consent I 6466-3/2008291.2 4 -----------·-. ······· 10/19/04 17426 (e) Alternatively, if the District is formed and the Project is included within it, Property Owner's obligation to pay its Fair Share pursuant to this Agreement shall be satisfied upon formation of the District through the issuance of bonds and levy of special truces of the District. In addition, within a reasonable time after formation of the District all funds held by the City provided by the Property Owner pursuant to this Agreement that have not been previously expended for Faraday A venue or Functionally Equivalent Improvements will be returned to the Property Owner or any letter of credit provided on behalf of the Property Owner pursuant to this Agreement will be released. For purposes of this Section 4(e), "formation of the District" shall mean (i) the District has been established and authorized to finance the Melrose Drive improvements, among others, (ii) the qualified electors of the District have authorized the special taxes and bonded indebtedness of the District and (iii) the limitations period has expired for challenging such election. (f) Property owner agrees to construct Faraday Avenue and El Fuerte in accordance with its conditions of approval and the applicable Subdivision Improvement(s) Agreements for CT 97-13. 5. Property Owner acknowledges that this Agreement to pay its Fair Share and participate in the financing of the Melrose Drive improvements is voluntary and that without this Agreement, Property Owner would be precluded from obtaining final map approvals or building and other development pennits under the provisions of the General Plan, Chapter 21.90 of the Carlsbad Municipal Code, applicable zone plan, financing plans and related documents until a satisfactory financing program has been developed to fund the Faraday Avenue improvements. 6. Property Owner hereby waives its right to challenge the amount, establishment or imposition of said Fair Share and further waives any rights to pay said Fair Share under protest. Waiver and Consent 16466-3/2008291 .2 5 10/19/04 7. This Agreement does not affect, in any way whatsoever, the obligation of Property Owner to pay any other fees or assessments associated with Property Owner's development and/or to post improvement bonds as required by the City Engineer. Nor does this Agreement relieve Property owner from providing other public facilities required under conditions placed upon the Property by the applicable Tentative Tract Map CT 97-13 by the City. 8. Property Owner agrees that payment of its Fair Share is not a fee and waives any and all rights to notice of or challenges to the establishment or imposition of said Fair Share as a fee under provisions of Government Code Section 66000, et. Seq. or ay successor or related statutes. 9. (a) In the event no District is formed, funds on deposit will be utilized only as a fair share of costs to otherwise complete Melrose Drive or Functionally Equivalent Improvements. (b) If the actual Fair Share obligation is lower than the amount previously deposited or provided by Property Owner to City, City shall refund any excess, in the manner described in this Section 9 and in Section 10 below. (c) Any refund shall be made from funds available within District upon District formation or the completion of construction of Melrose Drive or the Functionally Equivalent Improvements and shall not be an obligation of City's General fund or other revenue sources. Waiver and Consent I 6466-3/2008291.2 --------·------ 6 10/19/04 17428: (d) No reimbursement is required unless and until the City Council determines that sufficient funds are available to complete construction of Melrose Drive or the Functionally Equivalent Improvements. 10. (a) Upon completion of Melrose Drive or the Functionally Equivalent Improvements, and recording of the Notice of Completion for the final phase of the construction, the City Engineer shall determine the total cost of all construction and all related work ("Costs"), and the Finance Director shall determine the total amount of revenue including fees, taxes, interest earned on funds received by the City dedicated to paying for such construction ("Revenues"). The Finance Director shall then compare the amount of Costs and Revenues to determine if there are any excess Revenues in an amount and in the manner described below. If excess Revenues are equal to, or less than $10,000, the City shall retain these funds in a special fund to be used to finance street repair, maintenance, and landscaping of the Improvements. (b) The total amount of excess Revenue shall be determined by deducting the amount of the Costs from the available Revenues. Total project Costs shall include all costs to plan, design, construct, mitigate environmental impacts, inspect, and otherwise complete the project to the satisfaction of the City Engineer, including applicable charges for City staff services. Total Revenues shall include all monies held by the City dedicated exclusively to the construction of Melrose Drive or the Functionally Equivalent Improvements including any fee revenues earmarked on restricted funds as determined by the Finance Director. (c) The amount of the refund due to Property Owner shall be based on its proportionate share of the Costs and Revenues as determined in accordance with Exhibit B. Waiver and Consent 16466-3/2008291.2 7 10/19/04 ( d) In order to share in the refund of any portion of the excess Revenues, the eligible party must request to be included in the distribution of funds. Such request must be made within 90 days after the City Council's acceptance of the Notice of completion for the final phase of construction. Each request must be accompanied by documents indicating clear title to the refund unless the request is being made by the party who originally paid the funds to the City pursuant to this Agreement. As a courtesy to all interested parties, the City will maintain a file of those individuals or companies entitled to a refund, and will mail notices ofrefund availability to the names and addresses in this file following the City Council's acceptance of the final Notice of Completion. It is the eligible party's responsibility to notify the City if the right to any refunds under this section is assigned to another party, or if there is a change in name or address for the eligible party. The City talces no responsibility for the accuracy of the information included in this file, and is under no obligation to locate persons or entities who are entitled to refunds. Failure to notify any party of the availability of excess Revenues shall not obligate the City in any way to extend or modify the above refund procedures. (e) The Finance Director shall compute the amount of the refund due the Property Owner as described above. Funds may be reimbursed to the Property Owner following City Council approval of such reimbursement. 11. Compliance with this Agreement will be accepted by City as the financial guarantee for Melrose Drive required by the Tentative Map Condition. 12. This Agreement does not require City to issue building permits or other development permits or grant approvals or relieve Property Owner of the obligation to comply with all applicable provisions of law, including but not limited to Carlsbad Municipal Code Titles 18, 19, 20 and 21. Waiver and Consent 16466-3/2008291.2 8 ... _, ___________ _ 10/19/04 17430 13. Compliance with the provisions of this Agreement is a condition of all future discretionary approval for the Project. If Property Owner does not comply with the provisions of this Agreeme:11t, approval of the Project will not be consistent with the General Plan, the Growth Management Program, and the Local Facilities Management Plan, all subsequent discretionary approvals and permits for the Project may be withheld by the City. 14. In addition, the City will not approve any pending final maps, issue grading, building or other development permits or take any discretionary action until the Property Owner has complied with the terms of this Agreement due to be satisfied at the time such approval is required. 15. The City may, at its discretion, elect to pursue any remedy, legal or equitable against Property Owner and Property Owner's successors, heirs, assigns, and transferees of the Project to secure compliance with this Agreement. 16. City shall not, nor shall any officer or employee of the City, be liable or responsible for any loss or damage incurred by Property Owner or any successor or assign of Property Owner, or by any occupant in Property Owner's buildings, as a result of the exercise of any remedies provided by the City in this Agreement. Property Owner agrees to indemnify City for any liabilities incurred by City as a result of City's exercise of these remedies. 17. This Agreement and the covenants contained herein shall be binding upon and inure to the benefit of the successors, heirs, assigns and transferees of Property Owner with respect to the Property only and City, and shall run with the Property and create an equitable servitude upon the Property. 18. All notices provided for under this Agreement shall be in writing and shall be delivered in person or served by certified mail postage prepaid. Delivery of notice to Property Waiver and Consent I 6466-3/2008291.2 9 10/19/04 17431 Owner shall be presumed to have been made on the date of mailing regardless of receipt by Property Owner. Notices required to be given to Property Owner and/or City shall be addressed as follows: Notices to the City shall be delivered to the: Finance Director City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Notices to Property Owner shall be delivered to: Carlsbad Oaks North Partners, L.P. Attn: Ted Tchang Mailing: P.O. Box 80036 San Diego, CA 92138 Street: 3575 Kenyon Street San Diego, CA 92110 Each party shall notify the other of any change that would requiem any notice delivered hereunder to be directed to another party. 19. This Agreement shall be recorded but shall not create a lien or security interest in the Project. Waiver and Consent 16466-3/2008291.2 10 10/19/04 W:.iver and Consent l 6466-3/2008291.2 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 11 1'1432 10/19/04 20. The undersigned Property Owner further states, under penalty of perjury, that he is owner of the property as described in Exhibit "A", or an authorized agent of the Property Owner, and has the authority to execute this document, including the biding authorization herein. Executed thisl9thday of November ATTEST: ~i:~ APPROVED AS TO FORM: Nwne:-Title:~f-~ Waiver and Consent I 6466-3/2008291.2 12 2004. CARLSBAD OAKS NORTH PARTNERS L.P., a California limited partnership By: SUN TECH INVESTMENTS CORP., a California corporation, Its: Gen;,!~! i~ By: :I • Name: Paui'C cang Title: President By: Name: _________ _ Title: CITY OF CARLSBAD, a municipal corporation of the tate of California B. Its: 10/19/04 THE STATE OF California- COUNTY OF San Diego ) ) ) 17434 On November I 9 , 2004, before me, Susan E Enbank (name of Notary Public), a Notary Public in and for said State, duly commissioned and sworn, personally appeared Paul K. Tchang , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. My commission expires: (NOTARIAL SEAL) THE STATE OF ______ ) COUNTY OF _____ _ ) ) On _________ _, 2004, before me, _________ (name of Notary Public), a Notary Public in and for said State, duly commissioned and sworn, personally appeared----------~ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. My commission expires: (NOTARIAL SEAL) Waiver and Consent l 6466-312008291.2 Notary Public in and for State of _____ _ 13 10/19/04 17435 EXHIBIT "A" DESCRJPTION OF PROPERTY LEGAL DESCRIPTION Real property fn the Oty of carlsbad, County of San Diego, State of califomla, described as follows: carlsbad Tract No. 97-13, carlsbad Oaks North being a Subdivision of That portion of Lot "B" of Rancho Agua Hedionda, in the City of carlsbad, County of San Diego, State of califomla, according to Map thereof No. 823, filed in the office of the County recorder of San Diego County, November 16, 1896. Waiver and Consent I 6466-312008291.2 14 10/19/04 ,, .. 0 z J . J 111 ~, !J~ Waiver and Consent I 6466-312008291.2 I I i .. 11 I I • j I lr I ~ ' j i Ii I • EXHIBIT "B" METHODOLOGY OF COST ALLOCATION ~, ....... 18 ~ ;g J ~~ ui :;i:;;i lilt iii iii ~"': l l -f.! :; ;; ~ ~ i!U I'.! IQ ~!'ifi ..,,.. ;; .;; SI l f.lU ! :;,~ !ii§ ... mu ~ ~~ii ! Ii-.l I 11 i I l .I ! . .,, Ii 1! I i '8 .! t ii I 15 17436 "' '8 ... f i ... .. l 10/19/04 RECORDING REQUESTED BY ANO ) WHEN RECORDED MAIL TO: ) City CJerk CITY OF CARLSBAD ----------,.----· DOC# 2004-1201221 \ \llft\\1111 \\I\\ Ill\\ II\\\ 1111\ \\1\1 \\I\\ 11\11 \\1\1 \\1\1111\\ \II\ \Ill DEC21, 2004 4:57 PM OFFICIAL RECORDS SAN DIEGO COUNlY RECORDER'S OFf\CE GREGORY J SMITH. COUNlY RECORDER FEES: 32.00 PAGES: 9 IIIIHllllllllllllfilll ) ) ) ) ) 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Space abovo """' ... ..., 11,11 n~raers use 2004-1201221 AGREEMENT BETWEEN DEVELOPER/OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A" LOCAL DRAINAGE AREA FEE Assessor Parcel Nos. 209-050-04 209-0S0-21 209-050-22 20H50-23 209-050-24 THIS AGREEMENT is entered into this "I.~ day ot N o.r--.-"'-· , 2004, by and between Carlsbad Oaks North Partners, LP., a California Limited Partnership, as "Developer" whose address Is 3575 Kenyon Street, San Diego, CA 92110, and the CITY OF CARLSBAD, a municipal corporation of the State of C&lifornia, hereinafter referred to as "City", whose address Is 1200 Carlsbad Village Drive, Carlsbad, California, 92008-1989. W I T N E S S ET H: 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 Local Facilities Management Plan (LFMP) Zone 16 within City; and WHEREAS, Developer proposed a dev~lopment project as follows: planned industrial development containing 23 industrial lots, three open space rots, and one sewer pump station lot on said Property, which development carries the proposed name of Cartsbad Oaks North and Is hereafter referred to as "Developmenr: and WHEREAS, Developer filed a request for City approval of a final map for Carlsbad Tract 97-13 (CT 97-13) over the proposed Development; and C 26824. WHEREAS, the conditions of approval for CT 97-13, pursuant to Planning Commission Resolution No. 5249, require Developer to agree to abide by any fee increase (or decrease) adopted for the Local Drainage Area fee by City Council prior to payment or credit for payment of the Local Drainage Area fee for Development; and, WHEREAS, Developer's payment and/or credit for payment of the Local Drainage Area fee is required prior to City approval of the final map for Development; and, WHEREAS, it has been determined that certain drainage facilities located downs1ream of Development do not meet the facility performance standards unless certain mitigating flood control improvements are Installed and/or the financing of such flood control improvements are guaranteed for construction in accordance with the City's adopted Growth Management Ordinance; and. WHEREAS, City is currently in the process of revising the City's Local Drainage Area fee program to provide the required financial guarantee for said flood control improvements; and, WHEREAS, Developer desires to proceed with Development In advance of the adoption by City of the new Local Drainage Area fees; and, WHEREAS, Developer agrees to abide by any fee Increase (or decrease) In the Local Drainage Area fee as may subsequently be adopted by City Council after City approval of the final map for Development. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay and/or receive credits for payment to the City for the Local Drainage Area fee In the amount establlshed by City Council as of the effective date of this Agreement tor the local drainage area(s) Into which the Development drains. The fee shall be paid by, and/or credits will be awarded by City to Developer against payment of the fee tor constructed Master Drainage Plan facilities, prior to City approval of the final map for CT 97-13. 2 Notwithstanding the forgoing, said fee is subject to adjustment, based upon the amount of the Local Drainage Area fee ultimately adopted by the City Council after approval of the Developer's final map. If said fee has not been paid by Developer prior to final Council action formally adopting such fee, the Developer's fee shall automatically be adjusted to be the same as the Council-approved fee. If the Developer has paid this fee prior to such Council final action, then this fee will again automatically be adjusted, and Developer shall, within thirty (30) days of written notice thereof by City pay any shortfall; or City shall within thirty (30) days of such determination, refund any overage. This 1ee shall be in addition to any other taxes, fees, dedications or Improvements required pursuant to Titles 18, 20, or 21 of the C&rlsbad Munk;ipal C~de. 2. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan and Growth Management Ordinance. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan. The Developer therefore agrees that If Developer does not satisfy the terms and conditions of this agreement that any approval or pennit for the Development Issued after the effective date of this agreement shall be void. Thirty (30) days after City's written notification to Developer, pursuant to Paragraph 1 above, no building or other construction permit shall be Issued for the Development until the Local Drainage Area fee required by this agreement Is paid In full. 3. All obligations to pay the aforementioned Local Drainage Area fee relative to the approval of CT 97-13 shall tennlnate In the event the final map for CT 97-13 is not apprQVed by the Carlsbad City Council. In the event of such termination, the Developer Is still obligated to pay the City's Local Drainage Area fee for any subsequent final map or maps approved for the Property in accordance with the Local Drainage Area fee requirements in effect at the time such map or maps are approved by the City Council. 3 2682·6 4. 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 fo.r any purpose whatsoever unless served in one of_ the following manners: 4.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States mail, enclosed In a sealed envelope addressed to the Clty Manager of the City at the address set forth herein, postage prepaid and certified. 4.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States mall, enclosed in a sealed envelope, addressed to Developer at the address designated herein, postage prepaid and certified. 5. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and City and references to Developer or City herein shall be deemed to be a reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor to Developer's Interest In the property shall have first assumed In writing the Developer's obligations hereunder. 6. This agreement shall be recorded, but shall not create a Hen or security Interest in the Property, When the obligations of this agreement have been satisfied, City shall record a release. Ill fl/ Ill Ill Ill 4 26827 7. If, for any reason, the Local Drainage Area Fee has not been revised by the City Council within three years of the effective date of this agreement, the amount paid by the Developer, including any credits granted against payment of the Local Drainage Area fee, shall be deemed to represent the Developer's fair share contribution to the City's Master Drainage Improvement Program and no further payment will be due from or reimbursement due to Developer. IN WITNESS WHEREOF, this agreement Is executed In San Diego County, Califomia, as of the date first written aboVe. DEVELOPER-OWNER: Carlsbad Oaks Norlh Partners, L.P., a California Limited Partnership Sun Tech Investments Corp., a Callfomia corporation, Its General Partner (Name of Develop By:/ (signature) Paul K. Tchang (print name) President (title) By: (signature) (print name) (title) LORRAl EM.W ..... ., APPROVED AS TO FORM: ~~~-utyCityAttoey (Notarial acknowledgment of execution of DEVELOPER and OWNER must be attachad). (Preskkmt or viee president AND secretary or assistant secretary must sign for corporations. If only ans officer signs, the corporation must attach a resolution csrtllied by th8 S8Cl&lary or assistant secrerary undet corporate seal empowering that officer to bind the corporation). {If signed by an Individual partner, the partnership must attach s statement of partnership authorizing the partner to execute this Instrument). s .. ------------ 26828 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On October 18. 2004 before me, _______ K=im=b=•=rl_.y_L=-~Ae=r=i __ a _______ .Notary Public, personally appeared __ P._.a ... u.,J -K ......... 1 ..... c-ba .... 0,..1----------• [x] personally known to me • or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s} acted, executed the Instrument. WITNESS my hand and official seal. 6 26B29 EXHIBIT"A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFRCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT •e• OF SAID RANCHO AGUA HEDIONDA, AS SHOWN ON RECORD OF SURVEY NO. 517, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1935; THENCE ALONG THE BOUNDARY OF SAID LOT AS SHOWN ON SAID MAP NO. 517, SOUTH 89°45' EAST 5173.00 FEET TO THE SOUTHEAST CORNER OF LOT "D" OF SAID RANCHO AGUA HEDIONDA; THENCE CONTINUING ALONG THE BOUNDARY OF SAID LOT "B", SOUTH 89°53' EAST 2666.00 FEET AND SOUTH 0°17'57" EAST 2657.96 FEET -RECORD SOUTH 0°32'00" EAST 2655.2 FEET -TO POINT 14 OF SAID LOT "B" OF SAID POINT 14 IS DESIGNATED ON SAID MAP NO. 823; THENCE ALONG THE BOUNDARY OF SAID LOT "B", SOUTH 89°54'00" EAST 2362.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 89°54'00" EAST 1109.57 FEET; THENCE SOUTH 3°05'08" EAST 5839.45 FEET TO THE SOUTHERLY BOUNDARY OF SAID LOT "B"; THENCE ALONG SAID SOUTHERLY BOUNDARY, SOUTH 79°09'09" WEST -RECORD SOUTH 79°12' WEST -645.60 FEET TO AN ANGLE POINT THEREIN; AND NORTH 73°54'02" WEST -RECORD NORTH 73°50' WEST -495.70 FEET TO AN INTERSECTION WITH A LINE WHICH BEARS SOUTH 3°05'08" EAST FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE, NORTH 3°05'08" WEST, A DISTANCE OF 5825.40 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION LYING SOUTHEAL Y OF THE NORTHERLY LINE OF CARLSBAD TRACT NO. 74-21, ACCORDING TO MAP NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1982. PARCEL 2: ALL THAT PORTION OF LOT •e• OF RANCHO AGUA HEOIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, BOUNDED AND DESCRIBED AS FOLLOWS: PAGE 1 COMMENCING AT THE NORTHWEST CORNER OF LOT "B" OF SAID RANCHO AGUA HED,ONDA AS SHOWN ON RECORD OF SURVEY NO. 517, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1935; THENCE ALONG THE BOUNDARY OF SAID LOT AS SHOWN ON SAID MAP NO. 517, SOUTH 89°45' EAST 5173.00 FEET TO THE SOUTHEAST CORNER OF LOT "D" OF SAID RANCHO AGUA HEDIONDA; THENCE CONTINUING ALONG THE BOUNDARY OF SAID LOT "B• SOUTH 89°53' EAST 2666.00 FEET AND SOUTH 0°17'57" EAST 2657.96 FEET-RECORD SOUTH 0°32'00" EAST 2655.2 FEET -TO POINT 14 OF SAID LOT "B" AS SAID POINT 14 IS DESIGNATED ON SAID MAP NO. 823; THENCE ALONG THE BOUNDARY OF SAID LOT "B•, SOUTH 89°54'00" EAST 1205.46 FEET TO THE. TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 89°54'00' EAST 1156.90 FEET; THENCE SOUTH 3°05'08' EAST 5825.40 FEET TO THE SOUTHERL y BOUNDARY, NORTH 73°54'02" WEST -RECORD NORTH 73°50' WEST -A DISTANCE OF 1233.04 FEET TO AN INTERSECTION WITH A LINE WHICH BEARS SOUTH 3°05'08" EAST FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE, NORTH 3°051081 WEST A DISTANCE OF 5487.77 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION LYING SOUTHERLY OF THE NORTHERLY LINE OF CARLSBAD TRACT NO. 74-21, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1982. PARCEL 3: ALL THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFACE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, BOUN_DED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNEA OF LOT •e• OF SAID RANCHO AGUA HEDIONDA AS SHOWN ON RECORD OF SURVEY NO. 517 FILED IN THE OFACE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1935; THENCE ALONG THE BOUNDARY OF SAID LOT AS SHOWN ON SAID MAP NO. 517, SOUTH 89°45' EAST 5173.00 FEET TO THE SOUTHEAST CORNER OF LOT "D" OF SAID RANCHO AGUA HEOIONDA; THENCE CONTINUING ALONG THE BOUNDARY OF SAID LOT "B" SOUTH 89°53' EAST 2666.00 FEET AND SOUTH 0°17'57" EAST 2657.96 FEET-RECORD SOUTH 0°32'00" EAST 2655.2 FEET -TO POINT 14 OF SAID LOT "B" AS SAID POINT 14 IS DESIGNATED ON SAID MAP NO. 823; THENCE ALONG THE BOUNDARY OF SAID LOT •e•, SOUTH 89°54'00• EAST 3471.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY, SOUTH 89°54'00" EAST, 1142.07 FEET TO POINT 15 OF SAID LOT "B1 AS SAID POINT 15IS DESIGNATED ON SAID MAP NO. 823; THENCE ALONG THE EASTERLY BOUNDARY OF SAID LOT SOUTH 3°05'08" EAST 5620.55 FEET - RECORD SOUTH 3°3' EAST 5621.2 FEET -TO THE SOUTHEAST CORNER THEREOF; THENCE ALONG THE SOUTHEAL Y BOUNDARY OF SAID LOT •s• SOUTH 79°09'09• WEST -RECORD SOUTH 79"12' WEST -1150.85 FEET TO AN INTERSECTION WITH A LINE WHlCH BEARS SOUTH 3°05'08" EAST FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE, NORTH 3°05'08" WEST, A DISTANCE OF 5839.45 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION LYING SOUTHERLY OF THE NORTHERLY LINE OF CARLSBAD TRACT NO. 74-21, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1982. PAGE2 ... 26'831 PARCEL 4: AU THAT PORTION OF LOT •e• OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 11B• OF SAID RANCHO AGUA HEDIONDA AS SHOWN ON RECORD OF SURVEY NO. 517, FILED IN THE OFRCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1935; THENCE ALONG THE BOUNDARY OF SAID LOT AS SHOWN ON SAID MAP NO. 517, SOUTH 89°45' EAST 5173.00 FEET TO THE SOUTHEAST CORNER OF LOT "D" OF SAID RANCHO AGUA HEDIONDA; THENCE CONTINUING 89°53' EAST 2666.00 FEET AND SOUTH 0°17'57" EAST 2657.96 FEET -RECORD SOUTH 0°32'00" EAST 2655.2 FEET -TO POINT 14 OF SAID LOT "B" AS SAID POINT 14 IS DESIGNATED ON SAID MAP NO. 823; THENCE ALONG THE BOUNDARY OF SAID LOT "B" SOUTH 89°54'00" EAST 23.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE BOUNDARY OF SAID LOT, SOUTH 89°54'00" EAST 1182.05 FEET; THENCE SOUTH 3°05'08" EAST 5487.n FEET TO THE SOUTHERLY BOUNDARY OF SAID LOT "B"; THENCE ALONG SAID SOUTHERLY BOUNDARY NORTH 73°54'02" WEST -RECORD NORTH 73°50'00" WEST -23.20 FEET TO AN ANGLE POINT THEREIN AND SOUTH 84°34'38" WEST-RECORD SOUTH 84°38' WEST -1159.28 FEET TO AN INTERSECTION WITH A LINE WHICH BEARS SOUTH 3°05'08" EAST FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE, NORTH 3°05'08" WEST, A DISTANCE OF 5593.11 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION LYING SOUTHERLY OF THE NORTHERLY LINE OF CARLSBAD TRACT NO. 7~21, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1982. PAGE3 F ·• . ' • . . ~ -·--· --------------. -·-·. I • , • .. ,. ► l'/0 Te~hbilt Construction Corp. I' l) · P.O. Box 80036 ----~-------------. ,,---.. ··-~-------~- OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 184.00 PAGES: 60 /,.op San Diego, CA 92138 VJ Attn: Ted Tchang !IIIIIUIIIIIUIHII 2007-0081082 -(Space Abov'e For·Recorc1er'S:Use) 600000.11 /SD T8483-006/l-3 l-07/ebs/slt DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CARLSBAD OAKS NORTH BUSINESS PARK ,. -, ARTICLE I I.I 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 I.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 1.40 1.41 1.42 0 12230 TABLE OF CONTENTS DEFINlTIONS ................................................................................................. I "Annexation Property" ................... : .................................................................. I "Annex.ed Property" .......................................................................................... 2 "Architectural Committee" ...... , ......................................................................... 2 "Applicant" ....................................................................................................... 2 "Architectural and Landscape Standards" .......................................................... 2 "Articles" .......................................................................................................... 2 "Assessment" .................................................................................................... 2 "Association" ............................................. · ....................................................... 2 "BMPs" ............................................................................................................ 2 "Board" ............................................................................................................. 2 "Budget" ........................................................................................................... 2 "Building" ......................................................................................................... 2 "Business Park" ................................................................................................ 2 "Bylaws" .......................................................................................................... 2 "Certificate of Payment" ................................................................................... 2 "City" ............................................................................................................... 2 "CNLM" .......................................................................................................... 3 "Common Area Lot 9" ..................................................................................... 3 "Common Areas" .............................................................................................. 3 "Common Expenses" ........................................................................................ 4 "Construction Drawings" .................................................................................. 4 "County" .......................................... : ................................................................ 4 "Davis-Stirling Common Interest Development Act" ....................................... 4 "Declarant" ....................................................................................................... 4 "Declaration" .................................................................................................... 5 "Declaration of Annexation" ............................................................................. 5 "Events of Foreclosure" .................................................................................... 5 "Final Map" ...................................................................................................... 5 "Governing Documents" ................................................................................... 5 "Hazardous Materials'! ...................................................................................... 5 "Improvements" ................................................................................................ 5 "Invasive Plants" ............................................................................................... 5 "Kilroy" ........................................................................................................... 5 "Kilroy Lots" .................................................................................. : ................ 5 "Kilroy Purchase Agreement" .......................................................................... 5 "Landscaping Maintenance District" ................................................................. 5 "Landscape Setback Expenses" ......................................................................... 6 "Laws" .............................................................................................................. 6 "Lessee" ............................................................................................................ 6 "Lot" ........................................................... : ..................................................... 6 "Maintenance and Operation Account" ............................................................. 6 "Member" ......................................................................................................... 6 600000.11 /SD 11413-0061J. J6-07/cbslslt (i) ----------··•--~·· 122.31 1.43 "Mortgage" ........................................................................................................ 6 1.44 "Mortgagee" ..................................................................................................... 6 1.45 "NetAcreage" ................................................................................................... 6 1.46 "Occupant" ....................................................................................................... 6 1.47 "Open Space Preserve Grant of Easements" ..................................................... 6 1.48 "Open Space Preserve Lots" ....................................... .-..................................... 6 1.49 "Owner" ............................................................................................................. 6 1.50 "Person" .......... : ................................................................................................. 7 1.51 "Plans" .............................................................................................................. 7 1.52 "Preliminary Plan" ............................................................................................ 7 1.53 "Project Approvals" .......................................................................................... 7 1.54 "Property" ......................................................................................................... 7 1.55 "Record" ........................................................................................................... 7 1.56 "Regular Assessment" ....................................................................................... 7 1.57 "Required Landscape Setback Area" ................................................................. 7 1.58 "Reserve Account" ............................................................................................ 7 1.59 "Rules and Regulations" ................................................................................... 7 1.60 "Special Assessment" ........................................................................................ 7 1.61 "Specific Plan" .................................................................................................. 7 1.62 "Settlement Monuments" .................................................................................. 7 1.63 "Supplemental Declaration" ............................................................................. 8 1.64 "SWPPP" .......................................................................................................... 8 1.65 "Tentative Map" ............................................................................................... 8 1.66 "Tentative Map Property" ................................................................................ : 8 AR TI CLE 2 Tlffi ASSOCIATION ....................................................................................... 8 2.1 Organization ..................................................................................................... 8 2.2 Duties of Association ....... : ................................................................................ 8 2.2. l Assessments .......................................................................................... 8 2.2.2 Common Areas ..................................................................................... 8 2.2.3 Discharge of Liens ................................................................................ 8 2.2.4 Insurance ............................................................................................... 8 2.2.5 Payment ofExpenses ............................................................................. 9 2.3 Powers ofAssociation ....................................................................................... 9 2.3. I Acquisition of Property ......................................................................... 9 2.3 .2 Assessments; Liens .............................................. : ................................ 9 2.3.3 Borrowing ............................................................................................. 9 2.3 .4 Contracts ............................................................................................. :. 9 2.3.5 Delegation ............................................................................................. 9 2.3.6 Enforcement. ......................................................................................... 9 2.3.7 Manager ........... · ........................................ ~ .......................................... 10 2.3.8 Security Services ................................................................................. 10 2.3.9 Rules and Regulations ......................................................................... 10 2.3.10 Variances ............................................................................................ 10 2.4 Board of Directors .......................................................................................... 10 2.4.1 InitialBoard ........................................................................................ 10 600000.11/SD 11483-006/1·1~7/cbs/sk (ii) 2.5 2.6 2.7 2.8 ARTICLE3 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.,9 3.10 3.11 3.12 12232 2.4.2 Subsequent Board ................................................................................ 10 2.4.3 Administration ................................................................. ; .................. 11 Association Membership ................................................................................. 11 2.5.1 Appurtenant to Lot Ownership ............................................................ 11 2.5.2 Transfer of Association Membership ................................................... I I Voting Rights ................................................................................................. 11 2.6.1 Sole Voting Rights of Declarant... ....................................................... I I 2.6.2 Voting Rights of Members .................................................................. 11 2.6.3 Approvals and Consents ...................................................................... 12 Annual Membership Meetings ........................................................................ 12 Personal Liability ............................................................................................ 12 IMPROVEMENT ST AND ARDS AND RESTRICTIONS .............................. 13 General ........................................................................................................... 13 Architectural and Landscape Standards ........................................................... 13 Net Acreage Determination ............................................................................. 13 Maintenance of Lots ....................................................................................... 14 Undergrounding of Utility Lines ..................................................................... 14 Maintenance of Drainage Facilities ................................................................. 14 Subdivision of Lots ......................................................................................... 14 Landscaping Maintenance District .................................................................. 14 Participation of Owners in Required Programs ................................................ IS Outdoor Storage.............................................................................................. 15 Sight Distance Corridors ................................................................................. 15 Invasive Plants ................................................................................................ 15 ARTICLE 4 ARCIDTECTURAL REVIEW ...................................................................... : 15 4.1 Architectural Committee ................................................................................. IS 4.1. I Organization; Members ....................................................................... 15 4.1.2 Duties .................................................................................................. 16 4.2 Approval Required .......................................................................................... 16 4.3 Basis for Disapproval. ..................................................................................... 16 4.4 Approval Procedure ........................................................................................ 18 4.4.1 Submission of Preliminary Plan ................................... ; ....................... 18 4.4.2 Approval of Preliminary Plan .............................................................. 18 4.4.3 Submission of Construction Drawings ................................................. 18 4.4.4 Approval of Construction Drawings .................................................... 19 4.4.5 Fees ..................................................................................................... 19 4.5 Proceeding With Work ................................................................................... 19 4.5.1 Commencement oflmprovements ....................................................... 19 4.5.2 Completion ......................................................................................... 19 4.6 Approval Certificate ....................................................................................... 20 4. 7 Failure to Obtain Approval ............................................................................. 20 4.8 Nonliability for Approval of Plans .................................................................. 20 4.9 Waiver of Approvals and Conflict of Interest .................................................. 21 4.10 Appeal ............................................................................................................ 21 600000.11/SD TB483-00611-1~7/obs/slt (iii) 4.11 4.12 ARTICLE 5 5.1 5.2 5.3 5.4 ARTICLE6 6.1 6.2 6.3 6.4 6.5 6.6 6.7 ARTICLE 7 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 12233 Submission of Plans to City or Government .................................................... 22 Compliance With Governmental Regulations .................................................. 22 REGULATION OF USES .............................................................................. 22 Permitted Uses ................................................................................................ 22 Prohibited Uses ............................................................................................... 22 Settlement Monitoring Equipment Program and Easements ............................ 23 Hazardous Materials ....................................................................................... 23 5.4. l General and Specific Prohibitions ........................................................ 23 5.4.2 Duty To Notify: ................................................................................... 24 5.4.3 Compliance with Hazardous Materials Laws ....................................... 24 MAINTENANCE AND USE OF COMMON AREAS ................................... 24 Maintenance Responsibilities of Association .................................................. 24 6.1.1 General ............................................................................................... 24 6.1.2 Maintenance Activities ........................................................................ 24 6.1.3 Maintenance of Drainage and Pollution Control Facilities ................... 25 Maintenance by Lot Owners ........................................................................... 25· 6.2. l Extraordinary Maintenance or Repair ...................... : ........................... 25 6.2.2 Required Landscape Setback Areas: .................................................... 26 6.2.3 Compliance With SWPPP ................................................................... 26 Authority to Contract ......................................................... ; ............................ 26 Permitted Transfers of Common Areas ........................................................... 26 6.4.1 To the City or Other Public Agency ..................................................... 26 6.4.2 To the Association ............................................................................... 26 Destruction, Restoration .................................................................................. 26 City Requirements .......................................................................................... 27 6.6. l General Enforcement by the City ......................................................... 27 6.6.2 Notice and Amendment ....................................................................... 27 6.6.3 Failure of Association to Maintain Common Areas ............................. 27 6.6.4 Special Assessments Levied by the City ..................... : ........................ 27 6.6.5 Compliance with Specific Plan ............................................................ 28 6.6.6 Landscape Maintenance Responsibilities ............................................. 28 6.6. 7 Environmental Mitigation .................................................................... 28 Open Space Preserve Grant of Easements ....................................................... 28 EASEMENTS ................................................................................................. 29 Easements Over Common Areas ..................................................................... 29 , Reservation of Easement Over Lots and Common Area ............................. : .... 29 Entry on Common Areas ................................................................................. 29 Utility Easement ...................................................................................... .' ...... 30 Reservation of Easement Over Lots ................................................................ 31 Drainage Easement ......................................................................................... 31 Emergency Vehicle Access ............................................................................. 31 Signage Easements ......................................................................................... 31 Dominant and Servient Estates ................................................................... : .... 31 600000.11 /SD TS483-006/1-16-07/obs/slt (iv) ARTICLES 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 ARTICLE9 9.1 9.2 9.3 122:3·4 ~ FUNDS AND ASSESSI\ffiNTS ...................................................................... 31 Creation of the Lien and Personal Obligation of Assessments ......................... 3 I No Exemptions ............................................................................................... 32 Purpose of Assessments .................................................................................. 32 Regular Assessments ...................................................................................... 32 8.4. 1 Establishment ............................................. : ........................................ 32 8.4.2 Failure to Fix ....................................................................................... 32 8.4.3 Revised Regular Assessment.. ............................................................. 33 8.4.4 Allocation .......... .' ................................................................................ 33 8.4.5 Commencement of Regular Assessments ............................................ 33 Special Assessments ....................................................................................... 33 8.5.1 Types .................................................................................................. 33 8.5.2 Establishment .................. _. ................................................................... 33 8.5.3 Allocation ............................................................................ · ............... 33 Certificate of Payment .................................................................................... 34 Due Dates; No Offsets .................................................................................... 34 Delinquen.t Assessments; Liens ...................................................................... ·. 34 Deposit of Funds ........................................... : ................................................. 34 Transfer ofLot. ............................................................................................... 34 OWNER'S INSURANCE ............................................................................... 35 Right and Duty of Owners to Insure ............................. : .................................. 35 Notice of Expiration ........................................................................................ 35 Destruction of Owner's Building or Other Structures ....................................... 35 ARTICLE 10 ENFORCEMENT ........................................................................................... 35 IO.I Violation a Nuisance ....................................................................................... 35 10.2 General Remedies ........................................................................................... 35 10.2. l Right to Enforce .................................................................................. 35 10.2.2 Inspection; Abatement by Declarant, Association ................................ 36 10.2.3 Owner's Remedies ..................................................................... · .......... 36 10.3 Collection of Assessments; Liens .................................................................... 36 10.3.1 Right to Enforce .................................................................................. 36 10.3.2 Creation ofLien .................................................................................. 37 10.3.3 Notice of Default; Foreclosure ............................................................. 37 10.3.4 Subordination of the Lien to First Mortgages ....................................... 37 10.4 Interest. ........................................................................................................... 37 10.5 Attorneys' Fees ..... : ......................................................................................... 37 10.6 Cumulative Remedies; No Waiver .................................................................. 38 10.7 Effect of Foreclosure ...................................................................................... 38 ARTICLE l J TERM; AMENDI\ffiNTS ............................................................................... 38 I I.I Term ............................................................................................................... 38 11.2 Amendments ................................................................................................... 38 ARTICLE 12 ANNEXATION OF ADDITIONAL PROPERTY .......................................... 39 600000.11/SD Tl48.l406/1 • 16-4l7/cbs/slt (v) r-· --- 12:235 12.1 Right to Annex ............................................................................................... 39 12.2 Effect of Annexation ....................................................................................... 39 12.2.1 Rights of Owners ................................................................................ 39 12.2.2 Assessments ........................................................................................ 39 12.2.3 Supplemental Restrictions ................................................................... 40 12.3 Declarations of Annexation ............................................................................. 40 ARTICLE 13 GENERAL PROVISIONS .............................................................................. 40 13 .1 Assignment of Declarant's Rights and Duties .................................................. 40 13.2 Common Interest Subdivision ......................................................................... 41 13.3 Constructive Notice and Acceptance ............................................................... 41 13. 4 Counterparts ................................................................................................... 41 13. 5 Declarant's Reserved Rights ............................................................................ 41 13.6 Dedications ..................................................................................................... 42 13.7 Exhibits .......................................................................................................... 42 13.8 Governing Law ............................................................................................... 42 13.9 Heai:lings ......................................................................................................... 42 13.10 Mortgage Protection ....................................................................................... 42 13.11 Mutuality, Reciprocity; Runs With Land ......................................................... 42 13.12 Notices ........................................................................................................... 42 13.13 Notification of Sale ......................................................................................... 43 13.14 Severability ..................................................................................................... 43 EXHIBITS: EXHIBIT A Legal Description of Property EXHIBIT B Map of Tentative Map Property EXHIBIT C Map of Initial Common Areas EXHIBIT D Net Acreage Schedule EXHIBIT E Invasive Plant List 600000.11 /SD TI483-006/l -l6-07/cbs/slt (vi) '' -, 12236 DECLARATION OF COVENANTS, CONDITTONS AND RESTRICTIONS FOR CARLSBAD OAKS NORm BUSINESS PARK THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CARLSBAD OAKS NORTH BUSINESS PARK ("Declaration") is made as of January 10, 2007, by TECHBILT CONSTRUCTION CORP., a California corporation ("Declarant"), with reference to the following facts: A. Declarant is the fee owner of certain real property ("Property") located in the City of Carlsbad, County of San Diego, State of California, more particularly described in Exhibit A attached to this Declaration. . B. The Property is the first phase of a larger tract of real property which Declarant intends to develop as a planned industrial development, to be known as "Carlsbad Oaks North Business Park" ("Business Park"). The Business Park, including the current configuration of Lots, is depicted on the map attached to this Declaration as Exhibit B. C. By this Declaration, Declarant intends to establish certain covenants, conditions and restrictions upon the Property and each and every portion thereof, which will constitute a general plan for the management and development of the Property. DECLARATION NOW, THEREFORE, Declarant hereby declares that the Property and each portion thereof is and shall be owned, conveyed, mortgaged, encumbered, leased, developed, improved, used and occupied subject to this Declaration and the limitations, covenants, conditions, restrictions, easements, liens and charges set forth herein, all of which are equitable servitudes and shall run with the title to the land and shall be binding upon and inure to the benefit of all parties having or acquiring any right, title or interest in the Property or any portion thereof an4 their respective heirs, successors and assigns. The purpose of this Declaration is to enhance and protect, and provide a means of controlling and maintaining, the value, desirability and attractiveness of the Property and every portion thereof, for the benefit of Declarant and every Owner, in accordance with a general plan of subdivision, development and improvement. ARTICLE I DEFJNITIONS I. 1 '' Annexation Property" is defined as Lots 20 through 27 of the Tentative Map. The Property and the Annexation Property comprise the portion of the Tentative Map Property which is proposed for planned industrial development pursuant to the Specific Plan. 600000.1 \ISD TS483-006/1 •3 l .07/ebs/slt 12237 1.2 "Annexed Property" means all or any portion of the Annexation Property which is annexed to this Declaration pursuant to Article 12. Upon Recordation of a Declaration of Annexation with respect to any Annexed Property, the Annexed Property shall be included as part of the Property subject to this Declaration. 1.3 "Architectural Committee" means the Architectural Committee created pursuant to Section 4.1. 1.4 "Applicant" is defined in Section 4.4.1. 1.5 "Architectural and Landscape Standards" means the architectural and landscape standards set forth in the Specific Plan, as supplemented by standards adopted from time to time by the Board pursuant to Section 3.2. 1.6 "Articles" means the Articles of Incorporation of the Association which are or shall be flied in the Office of the California Secretary of State, as amended and supplemented from time to time. I . 7 "Assessment" means certain costs of the Association to be paid by the Owners, as determined by the Board pursuant to Article 8, including Regular Assessments and Special Assessments. 1.8 "Association" means the CARLSBAD OAKS NORTH BUSINESS PARK OWNERS ASSOCIATION, a California nonprofit mutual benefit corporation, its successors and assigns, or if such name is unavailable, under such other name as shall be selected by Declarant at the time of the Association's incorporation. 1.9 "BMPs" is defined in Section 6.1.3. I. IO "lli2fil:d" or "Board of Directors" means the Board of Directors of the Association, as the same may be constituted from time to time. 1.11 "Budget" is·defined in Section 8.4. l. 1.12 "Building" means any structural improvement on any Lot which is enclosed by exterior walls, floor and roof and is designed for human occupancy and/or the conduct within of activities and business. I. 13 "Business Park" means the portion.of the Tentative Map Property other than the Open Space Lots, as developed pursuant to the Specific Plan from time to time. 1.14 "Bylaws" means the Bylaws of the Association, as amended and supplemented from time to time. I. I 5 "Certificate of Payment" is defined in Section 8.6. 1.16 "City" means the City of Carlsbad, California. 600000. II/SD T8413~1-31-07/ebs/slt -2- 12238 1.17 "CNLM" is defined in Section 6.1. I. 18 "Common Area Lot 9" means Lot 9 of Final Map No. I 4926, which will be improved for use as a sewer pump station and a passive park and maintained as Common Area. I . 19 "Common Areas" means the following areas, except to the extent maintained by the Landscaping Maintenance District: {a) Any open-space, slope and/or landscaped areas, and access routes thereto, which are subject to use restrictions as open-space or slope areas pursuant to the Tentative or Final Map; (b) Perimeter manufactured slope banks, to the extent that temporary irrigation and maintenance is required by the City after _slope construction, for the period of such required irrigation and maintenance; ( c) The Required Landscape Setback Areas; (d) Areas set aside for any entry monuments or signage installed by Declarant for the Business Park, including the signs, landscaping, walls, lighting and other Improvements located thereon; (e) Storm drains, sewer lines, storm water pollution prevention facilities and access routes thereto, excluding those maintained by any other governmental entity or public or private utility agency; (f) Mini-park sites identified on the Tentative Map, including a site within Common Area Lot 9 and a site within Open Space Preserve Lot 1 I; (g) A public pedestrian trail located within public street rights-of-way and Lot I I of the Tentative Map, as required by the Specific Plan, except to the extent such trail is maintained by the City; (h) Any other Improvements or areas, whether located within the Property or off-site, which the City or any other governmental authority may require Declarant or the Owners to maintain as a condition to development of the Property; and (i) Any other Improvements or areas, whether located within the Property or off-site, over which all Owners and/or the Association have rights or obligations of use, beneficial enjoyment or maintenance pursuant to the terms of this Declaration. The location of the initial Common Areas is identified on Exhibit C. Certain Common Areas (and Improvements thereon) will be located within the Open Space Preserve Lots, as provided for and subject to the provisions of the Open Space Preserve Grant of Easements. The Common Areas indicated on Exhibit C may be modified from time to time, by Recordation of a Supplemental Declaration executed by Declarant, to change the·location or configuration of the 600000.l llSD n413.00611-16-071cba/slt -3- 12239 Common Areas shown thereon or to add Common Areas to reflect the requirements of the City or other governmental authorities; provided, however, that once an Owner has constructed Improvements on a Lot, the Common Areas within such Lot may not be modified in a manner that materially, adversely affects the Improvements or the use of such Lot by the Owner. The Common Areas shown on Exhibit C may also be supplemented, from time to time, by a Declaration of Annexatjon recorded by Declarant pursuant to Article 12. ..... · 1.20 "Common Expenses" means the actual or estimated costs of: (a) Maintaining, managing and operating the Association, including, but not limited to, accounting, legal and other professional fees; (b) Maintaining, managing, operating and/or repairing the Common Areas and the Improvements located thereon, including, but not limited to, the cost of repair, operation, maintenance or reconstruction oflmprovements and the cost of utilities, irrigation, gardening and other services; (c) Exercising.the Association's rights and performing its obligations under.the Open Space Preserve Grant of Easements; (d) Maintaining the insurance required or permitted to be maintained by the Association pursuant to this Declaration; (e) Real property taxes and assessments.attrib~table to real property owned by_the Association, if any; (f) Exercising the powers and p~rfonning the duties of the Association and the Board under this Declaration and the other Governing Documents; · (g) Maintaining any reasonable reserves for such purposes as may be determined by the Board; and (h) Any other amounts identified in this Declaration as "Common Expenses." 1.21 "Construction Drawings" is defined in Section 4.4.3. 1.22 ".c.mm.ty" means the County of San Diego, California. 1.23 "DaviS:Stirlin~ Common Interest Development Act" means California Civil Code Section 1350 ~-, as amended from time to time. 1.24 "Declarant" means Techbilt Construction Corp., a California corporation, and successors and assigns of Techbilt Construction Corp. or a successor Declarant if: (a) such successors and assigns hold or-acquire record fee title to all or any portion of the Property; and (b) Techbilt Construction Corp1or a successor Declarant executes and Records a document which expressly names such party as a successor Declarant and assigns the rights and duties of Declarant hereunder. 600000. IIISD T8483-006/l-16-07/ebs/sll -4- 12240 1.25 "Declaration" means this Declaration of Covenants, Conditions, Covenants and Restrictions for Carlsbad Oaks North Business Park, as amended or supplemented from time to time. 1.26 "Declaration of Annexation" is defined in Section 12.3. 1.27 "Events of Foreclosure" is defined in Section 10.7 hereof. 1.28 "Final Map" means one or more final subdivision maps for Carlsbad Oaks North Business Park which are based on the Tentative Map and filed in the Office of the County Recorder, including all conditions of City approval thereof. As of the date ofRecordation of this Declaration the following Final Map has been recorded: Final Map No. 14926, recorded on December 15, 2004, Final Map No. I 5505, recorded January 23, 2007. 1.29 . "Goveming Documents" means this Declaration, including the Exhibits attached hereto, the Articles, the Bylaws, and the Rules and Regulations, all as amended and supplemented from time to time. I .30 "Hazardous Materials" means any hazardous or toxic substances, materials or wastes which are or become regulated by or subject to any local, state or federal governmental authority, including, without limitation, any materials or substances which are (a) defined as "hazardous wastes," "extremely hazardous wastes, "restricted hazardous wastes," "hazardous substances," "hazardous materials," atomic materials" or "atomic substances" under any Laws, (b) petroleum and any petroleum by-products, (c) asbestos, (d) urea formaldehyde foam insulation, or (e) polychlorinated byphenals. 1.31 "lmprovements" means Buildings, accessory structures, underground installations, slope and grade alterations, roads, curbs, cµ-iveways, gu~rs, parking areas, loading areas, sidewalks, walkways, utilities, fences, walls and barriers, stairs, decks, poles, signs, hedges, plantings, planted trees and shrubs, water lines, sewers, irrigation systems, electrical, gas and other utility facilities, storm drains, drainage facilities, exterior lighting facilities and all other structures or landscaping improvements of any kind, whether above or below the land surface. 1.32 "lnyasiye Plants" is defined in Section 3. I 2. 1.33 "Kilroy" means Kilroy Realty Finance Partnership, L.P., a Delaware limited partnership. 1.34 ''Kilroy Lots" means the Lots to be required by Kilroy pursuant to the Kilroy Purchase Agreement, which are depicted on Exhibit B attached hereto as Lots 4,5, 7 and 8 and comprise approximately 25 acres. 1.3 5 "Kilroy Purchase A1,,treement11 means the agreement between Declarant ( or Seller) and Kilroy (as Buyer) dated August 12, 2005, providing for the acquisition by Kilroy of the Kilroy Lots, as amended from time to time. 1.36 "Landscaping Maintenance District'' is defined in Section 3.8. 600000.11/SD Til483.()06n-31.07/cbs/sll -5- . ··~ / 12241 1.37 "Landscape Setback Expenses" is defined in Section 8.4.4(a). 1.38 "L.aM" means, collectively, all laws, statutes, ordinances, rules, regulations, requirements, pennits, approvals, or certificates of occupancy promulgated by any federal, state or local governmental entity with jurisdiction over the Property or any business, use or operation thereon, whether now in effect or subsequently enacted, as amended and supplemented from time to time. 1.39 "~" means the owner of a leasehold interest in all or a portion of the Business Park. 1.40 "Lot" means each separate legal lot included within the Property, as subdivided or adjusted from time to time by any Recorded subdivision map, parcel map or lot line adjustment, excluding the Open Space Preserve Lots and Common Area Lot 9. The Lots included in the Property as of the date ofRecordation of this Declaration are legally described on Exhibit A and depicted on Exhibit B. 1.41 "Maintenance and Operation Account" means an account into which the Board shall deposit funds for maintenance and operation assessments, as described in Section 8.9. 1.42 "Member" means every Owner who is a Member of the Association pursuant to Section 2.5. 1.43 ".Mortgage" means any duly Recorded mortgage or deed of trust encumbering a Lot. A "First Mortgage" means a Mortgage that has priority over any other Mortgage encumbering a Lot. 1.44 ''Mortgagee" means the mortgagee or.beneficiary under any Mortgage. A "First Mortgaaee" means the holder of a First Mortgage. 1.45 "Net Acreage" means, with respect to each Lot included in the Property initially subject to this Declaration, the area identified as Net Acreage on Exhibit D, subject to modification upon resubdivision as described in Section 3.3. The Net Acreage of each Lot included in any Annexed Property shall be set forth in the Declaration of Annexation for such Annexed Property. 1.46 "Occupant" means any Person who has the legal right to occupy a portion of the Property and is not an Owner or Lessee. 1.4 7 "Open Space Preserve Grant of Easements" is defined in Section 6. 7. 1.48 "Qpen Space Preserve Lots" means Lots IO, 11 and 12 of Final Map No. 14926, which will be improved, used, managed and maintained as described in Section 6.7 and the Open Space Preserve Grant of Easements. 1.49 "Owner" means one or more Persons who alone or collectively are the Record owner of fee simple title to a Lot, whether one or more Persons, including Declarant, but 600000. I I /SD 1'8483-006/1-1~7/cbs/sll -6- 12242 excluding those having or holding any such interest merely as security for the performance of an obligation. In the event that the ownership of any Building or Improvements on any Lot shall be severed from the land included in such Lot, whether by lease or by deed, the owner(s) of the interest in the land and not the Building or Improvements shall be deemed the Owner of the Lot. If a Lot is leased, the Owner of the fee title and not the Lessee of such Lot shall be deemed the Owner regardless of the term of the lease. 1.50 "Person" means a natural person, a corporation, a partnership, a trustee, or other legal entity. 1.51 "Plans" is defined in Section 4.8. 1.52 "Preliminary Plan" is defined in Section 4.4.1. 1.53 "P[Qject A11provals" is defined in Section 6.6.5. 1.54 "Property" means the real property legally described in Exhibit A. including all facilities and Improvements located thereon, which is hereby subjected to this Declaration, as supplemented from time to time by any Annexed Property added to the Property by annexation pursuant to Article 12. 1.55 "Record" or "Recordation" means, with respect to any document, the filing and recordation of said document in the Official Records of the Office of the County Recorder of the County of San Diego, California. 1.56 "Regular Assessment" _is defined in Section 8.4. 1.57 "Reguired Landscape Setback Area" means the landscaped, parking and slope areas identified on Exhibit C, which shall be maintained by the Association as part of the Common Areas, except as provided in Section 6.2.2. 1.58 "Reserve Account" means an account into which the Board shall deposit funds for contingencies, repairs and replacements, _as described in Section 8. 9. 1.59 "Rules and Regulations" means those Rules and Regulations prepared by Declarant to regulate the use, operation, management and maintenance of the Property, as further described in Section 2.3.9, as amended and supplemented by the Board. 1.60 "Special Assessment" is defined in Section 8.6. 1.61 "Specific Plan" means the Carlsbad Oaks North Specific Plan, SP 211, approved by the City on August 21, 2002, pursuant to Planning Commission Resolution No. 5247, as amended from time to time, which covers approximately 414 acres consisting of approximately 194.5 acres designated for Planned Industrial development (including roadways) and approximately 219.5 acres designated for open space. 1.62 "Settlement Monuments" is defined in Section 5.3. 600000.11/SD 1"8483-006/1. 16-07/ebs/slt -7- I 12243 1.63 "Supplemental Dedaratjon" means a supplement.to this Declaration as pennitted under this Declaration, which; when Recorded, shall have the same force and effect as the tenns of this Declaration. 1.64 "SWPPP" is defined in Section 6.1.3. 1.65 "Tentative Map" means the tentative tract map for Carlsbad Oaks North, Tract No. CT 97-13, as approved by the City on August 21, 2002, pursuant to Planning Commission Resolution No. 5249. The Tentative Map covers the Tentative Map Property, including the Property. The Final Map for the Property is based upon the Tentative Map. 1.66 "Tentative Map Property" means the land covered by the Tentative Map, including the Property and the Annexation Property as depicted on Exhibit B. 1.67 "Unayojdabie Events" is defined in Section 4.5.3. ARTICLE 2 THE ASSOCIATION 2.1 Organization. The Association shall be formed as a California nonprofit mutual benefit corporation. 2.2 Duties of Association. The Association shall have the duties set forth in the Articles, the Bylaws and this Declaration, including, but not limited to, ·the following: 2.2.1 Assessments. The Association shall fix, levy, collect and e~force Assessments as further described in Article 8. . , 2.2.2 Common Areas. The Association shall maintain, repair, replace, restore, operate, control and manage the Common Areas and all facilities and Improvements located thereon, as further described in Article 6, except to the extent such maintenance has been assumed by the Landscaping Maintenance District, the City, or other governmental agency or public or private utility. The Association's rights and obligations relating to the Open Space Preserve Lots, including the Common Areas located therein, are subject to the provisions of the Open Space Preserve Grant of Easements. 2.2.3 Discharge of Liens. The Association shall discharge, by payment if necessary, any lien against the Common Areas or any portion thereof, and, if such lien is a result of the action of an Owner or Owners, the Association shall assess the cost thereof as a Special Assessment (as described in Section 8.5) to the Owner or Owners responsible therefor; provided, however, that such Owner or Owners shall be given notice of the lien and the proposed discharge at least fifteen (15) days prior to discharge by the Association, and the opportunity to be heard by the Association, either orally or in writing, at least five (S) days prior to the proposed · discharge and before a decision to discharge is made. 2.2.4 Insurance. The Association shall maintain such policy or policies of insurance as it deems necessary, to the extent available at a reasonable cost, including, but not limited to: (a) all risk insurance covering all or any appropriate portion of the Common Areas; 600000.11/SD T84S3-00611-16-07/ebs/sll -8- -------------------., .... - . I 12244 (b) commercial general liability insurance in the amount ofat least One Million Dollars ($1,000,000) per occurrence, insuring Declarant, the Association, the Board, the Architectural Committee and the Owners against all liability arising out of the ownership, use and maintenance of the Common Areas; (c) worker's compensation insurance, as required by law; (d) directors' and officers' errors and omissions policies, in form and amount determined by the Board; and (e) insurance against any other risk which the Board considers appropriate. 2.2.5 Payment of Expenses. The Association shall pay all expenses and obligations incurred by the Association iri the conduct of its business, in accordance with the Budget, including, without limitation, all licenses, taxes or governmental charges levied or imposed against the property of the Association. 2.3 Powers of Association. The Association shall have the following powers, rights and duties, in addition to those provided elsewhere in this Declaration, the Articles and the Bylaws and those powers granted to a nonprofit mutual benefit corporation pursuant to the California Corporations Code: 2.3. I Acgyisition of Property. The Association shall have the power to acquire (by gift, purchase or otherwise), own, hold, improve, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association. 2.3.2 Assessments: Liens. The Association shall have the power to levy . ·and collect assessments pursuant to Article 8 and to perfect and enforce liens in accordance with the provisions of Article 10. 2.3.3 Borrowing. The Association shall have the power to borrow funds to pay costs of operation, secured by assessment revenues due for succ~eding years or by assignment or pledge of rights against delinquent Owners; provided, however, that the affirmative vote of a majority of the voting power of the Owners shall be required to borrow, during any calendar year, in excess of an amount equal to Ten Thousand Dollars ($10,000) multiplied by the number of Lots included in the Property from time to time. Such borrowing may be from Declarant if Declarant agrees to advance funds; and, in such event, Declarant shall receive, as interest, no more than the published Wall Street Journal Prime Rate plus one percent (1%) as interest. 2.3.4 Contracts. The Association shall have the power to contract for goods and/or services for the Common Areas or for the performance of any power or duty of the Association, subject to limitations set forth elsewhere in this Declaration, the Articles or the Bylaws. The Association's power to contract shall include, but is not limited to, the right to enter into agreements with one or more other owners' associations for the purposes described in this Section. 2.3.S Deleaation. The Association shall have the power to delegate its authority and powers to committees, officers or employees of the Association. 2.3.6 Enforcement. The Association shall have the power to enforce this Declaration pursuant to Article 10. 600000.11/SD Tl483.006n-16-07/ebe/slt -9- --------------··--------·-• 12245 2.3.7 Manager. The Association shall have the power to employ a. manager or other Person and to contract with independent contractors or managing agents to perform all or any portion of the duties and responsibilities of the Association, provided that the term of any contract with a manager or managing agent shall not exceed one (I) year and may provide for the right of the Association to terminate the contract immediately for cause and otherwise on thirty (30) days' written notice. The Association may contract with Declarant or an affiliate ofDeclarant pursuant to this Section. The initial manager shall be Spectrum Property Management. 2.3.8 Security Services. The Association shall have the power to provide, or to contract for the provision of, security patrols or other security measures, or both, as the Board deems necessary. 2.3.9 Rules and Regulations. The Board shall also have the power to amend and/or supplement the Rules and Regulations as it deems reasonable, provided such amended or supplemental rules and regulations are not inconsistent with the Governing Documents. The Rules and Regulations, as amended and supplemented from time to time, shall be binding upon Owners and other Occupants of the Lots. The Rules and Regulations may · include guidelines interpreting the Architectural and Landscape Standards. 2.3.10 Variances. The Board, acting for the Association, shall have the power to grant reasonable variances from the improvement standards and restrictions set forth in Article 3 of this Declaration from time to time, as the Board may deem appropriate, in its sole discretion, in order to overcome practical difficulties and to prevent unnecessary hardship in the application of the provisions to one or more Lots; provided, however, that: (a) a variance shall not materially injure any of the Lots or Improvements on the Property; and (b) the Owner seeking the variance shall otherwise be subject to and conform with all applicable Laws. Any variance granted pursuant to this Section shall be limited to the matters specifically covered thereby and shall not constitute a waiver of any other provision of this Declaration as applied to any PerSOJl or property. 2.4 Board of Directors. 2.4.1 Initial Board. The initial Board of Directors of the Association shall consist of three (3) directors, who shall be appointed by Declarant upon the incorporation of the Association; provided, however, that if Kilroy acquires the Kilroy Lots pursuant to the Kilroy Purchase Agreement, Kilroy shall have the right to appoint one (1) of the three (3) initial directors. The initial directors appointed as described above shall hold office until the first annual meeting of Members pursuant.to Section 2.7. 2.4.2 Subsequent Board. At the first annual meeting of Members, a subsequent Board consisting of five (5) directors shall be elected, and such Board shall serve until the next annual meeting, however, as long as Declarant and Kilroy are the only Owners, the Board shall remain at three (3) members, and Kilroy shall have the right to appoint one (1) board member. At each subsequent annual meeting, except as may be otherwise provided by the Bylaws, the Members shall elect a Board who shall serve until the next annual meeting. 600000. I IISD TI483--00611-31--071cbslslt -IO- ' .... ' -1224·6 I 2.4.3 Administration. Except as to matters requiring the approval of Members as set forth in this Declaration, the Bylaws or the Articles, the affairs of the Business Park shall be administered by the Association, acting through its Board, officers and agents in accordance with the provisions of this Declaration, the Bylaws and the Articles. · 2.5 Association Membership. 2.5.1 Appurtenant to Lot Ownership. Upon becoming the Record Owner of a Lot, an Owner shall automatically become a Member of the Association and shall remain a Member until such time as he ceases to be an Owner for any reason, at which time his membership in the Association shall automatically cease. Such membership shall be appurtenant to and pass with the ownership of the Lot. There shall be only one membership attributable to each Lot. Members 'shall be subject to the provisions of this Declaration, the Articles and the. Bylaws. Notwithstanding that membership in the Association shall be held by an Owner, this Declaration is binding upon Lessees and Occupants. 2.5.2 Transfer of Association Membership. Membership in the· Association shall not be transferred, pledged or alienated in any way, ·except a transfer upon conveyance of a Lot to a new Owner; provided, however, an Owner, upon giving written notice to the Association, may grant to a Lessee who leases an entire Lot, for a lease term in excess of five (5) years, a power coupled with an interest to act as the Owner's agent and proxy in all matters relating to the Association, which power and proxy shall automatically terminate upon the Association's receipt of a written revocation of such proxy signed by the Owner of the Lot or upon termination of the Lessee's tenancy for any reason, whichever occurs first. Any attempt to transfer a membership, except as provided in this Section, shall be void and shall not be reflected upon the Association's books and records. If the Owner of any Lot fails to transfer the membership appurtenant thereto upon any transfer of the Lot, whether voluntary or involun~. the Association shall have the right to record the transfer upon its books and thereupon the membership outstanding in the name of the prior Owner shall be null and void. The Association shall have the right to impose a reasonable fee to cover the cost of documentation and clerical services incurred with respect to the transfer of membership interests on the books and records of the Association. 2.6 Voting Rights. 2.6.1 Sole Voting Rights ofDeclarant. So long as Declarant is the Owner of Lots containing at least twenty-five percent (25%) of the total Net Acreage within the Property, Declarant shall be the only Member entitled to vote; provided that: (a) if Kilroy acquires the Kilroy Lots pursuant to the Kilroy Purchase Agreement, Kilroy shall be entitled to vote as a Class A Member, as described in Section 2.6.2(a) below, for each Lot owned by Kilroy during the period of such ownership; and (b) Declarant may elect to authorize voting on the part of all Members prior to expiration of such period by delivering a written notice of such election to all of the Members. 2.6.2 Voting Rights of Members. Except during the period when Declarant is the sole voting Member pursuant to Section 2.6.1, the Association shall have two (2) classes of voting membership: 600000.11/SD 11483-006/1-16-07/cbs/slt -11- 12247 (a) Each Owner, but excluding Declarant for so long as the Class B Membership is in effect, shall be a Class A Member and shall have one (1) vote for each Net Acre included in the Net Acreage (rounded to the nearest tenth) owned by such Owner. (b) Declarant shall be the sole Class B Member and shall have ten (10) votes for each Net Acre included in the Net Acreage rounded to the nearest tenth) owned by Declarant. Declarant's Class B Membership shall terminate ten (IO) years after the later of (i) the date of Recordation of this Declaration, or the date of Recordation of the latest Declaration of Annexation pursuant to Article 12. Upon termination of the Class B Membership, Declarant, if it is then an Owner, shall be a Class A Member with the votes described in subsection (a) above. Such voting rights shall be adjusted to conform to any revisions to the Net Acreages, as described in Section 3.3. When more than one Person owns a Lot, all such Persons collectively shall be the Member for such Lot and the vote(s) for such Lot shall be exercised as they among themselves determine; provided that, in no event shall more votes be cast with respect to such Lot than could be cast if such Lot were owned by only one Person. If any such Person casts a vote representing the M~mbership of the Lot, it will therea.f):er be conclusively presumed for all purposes that he was acting with the authority and consent of all Persons constituting the Member for such Lot. Any votes cast in violation of this provision shall be null and void. All voting rights, whether exercisable by Declarant or by the Members, as the case may be, shall be subject to the restrictions and limitations proviqed herein and the other Governing Documents. 2.6.3 Approvals and Consents. Any provision of the Governing Documents which requires the vote or written consent of the Members shall be satisfied by the vote or written consent of a simple majority of the voting power of Members entitled to vote on such matter, unless a different percentage is specifically provided for in this Declaration or the Bylaws. The vote of a majority or specified percentage of the voting power of the Association shall be deemed satisfied by either the vote of the specified percentage at a meeting duly called and noticed pursuant tq the provisions of the Governing Documents or written consents signed by the specified percentage of Members, all as provided in the Bylaws. 2.7 Annual Membership Meetings. The Board may call the first annual meeting of Members at any time, but in no event later than si_xty ( 60) days after the earlier of: (a) Kilroy's acquisition of the Kilroy Lots pursuant to the Kilroy Purchase Agreement; or (b) the. conveyance of fifty-one percent_(51%) of the Lots initially subject to this Declaration by Declarant to Owners other then Declarant. Thereafter, the Association shall hold an annual meeting of the Members in accordance with the Bylaws. 2.8 Personal Liability. No member of the Board or the Architectural Committee, or of any committee of the Association, or any officer of the Association, or any manager, or Declarant or any agent of Declarant, shall be personally liable to any Owner, or to any other Person, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence of any such Person made in good faith and reasonably believed to be within the scope of their duties. 600000.11/SD Tll483-006/1-16-07/cbslslt -12- 1224'8 ARTICLE3 fMPROVEMENT ST AN DAROS AND RESTRICTIONS 3.1 General. There shall be constructed and maintained on each Lot only Improvements which: (a) are in compliance with the standards and restrictions contained in this Article 3 and the Specific Plan; (b) are in harmony with the surrounding buildings and structures; and (c) have received the prior written approval of the Architectural Committee, to the extent required pursuant to Article 4. 3.2 Architectural and Landscape Standards. The initial Architectural and Landscape Standards for the Property are set forth in the Specific Plan. The Architectural and Landscape Standards shall be used by the Architectural Committee in reviewing proposed Buildings and Improvements pursuant to Article 4. From time to time, the Board shall have the right to adopt changes or additions to the Architectural and Landscape Standards, subject to the following: (a) such standards shall not conflict with the architectural and landscaping requirements of the Specific Pian·but may include supplemental or more restrictive requirements than the Specific Plan; (b) notwithstanding any other provision of this Declaration to the contrary, for so long as Declarant is the Owner of any Net Acreage within the Property, the Architectural and Landscape Standards may not be amended or supplemented without the prior written consent ofDeclarant, which consent it may withhold in its sole and absolute, yet good faith discretion; and (c) if Kilroy acquires the Kilroy Lots pursuant to the Kilroy Purchase Agreement, then, for as long as Kilroy owns at least fifty percent (50%) of the total Net Acreage of the Kilroy Lots, the Architectural and Landscape Standards may not be amended or supplemented without the prior written consent ofKilroy, which consent shall not be unreasonably withheld or delayed. . 3.3 Net Acreage Determination. The Net Acreages set forth in Exhibit D have been determined by Declarant and its engineer by deducting from the gross area of each Lot the estimated area of slopes in excess of five feet (5') in height, except to the extent such slope areas could be credited to satisfy City setback requirements, based upon currently existing conditions and City requirements, and adding driveway areas in excess of the setback requirements. The Net Acreage for each Lot included in any Annexed Property shall be similarly estimated by Declarant and its engineer, ba~d upon conditions and City requirements existing as of the date of annexation, and set forth in the applicable Declaration of Annexation. The Net Acreage determination for each Lot, and the percentage of the Net Acreage of each Lot in proportion to the Net Acreage of all Lots within the Property, as shown on Exhibit Dor any Declaration of Annexation, are conclusive on each Owner and shall not be re-determined as a result of any subsequent grading or development or the grant or reservation of easements across such Lot or the conveyance, dedication, offer of dedication, taking by eminent domain or deed in lieu of such taking of all or any portion of such Lot. If any Lots are merged under applicable subdivision laws and regulations, the Net Acreage of the Lot after such merger shall be the aggregate Net Acreage of the merged Lots prior to such merger. If any Lot or Lots are further subdivided by a lot line adjustment or parcel or subdivision map, the Owners of the affected Lot(s) shall agree in writing upon the allocation of the Net Acreage of the original Lot(s) (without reduction) to or among the resulting subdivided Lots and deliver a copy of such allocation agreement to Declarant and the Association. If the Owners fail to deliver such allocation agreement within thirty (30) days after the resubdivision, then: (a) Declarant (or, at Declarant's option, the Board) 600000.11/SD T8483.006/J .31 .07/cbs/slt -13- ··-------------- 12249 shall reasonably allocate the Net Acreage to or among the resubdivided Lots; (b) such allocation shall be conclusive on each Owner; and (c) the Owners of the affected Lots shall pay the costs incurred by Declarant (or the Board) in connection with such allocation as a Special Assessment, in proportion to the respective Net Acreages of the resubdivided Lots. Declarant or the Board may Record from time to time a supplement to this Declaration to set forth the Net Acreages of the Lots as then in effect. Notwithstanding the provisions of Section 11.2 below, any such supplement to this Declaration intended solely to reflect the Net Acreages shall be effective when executed by Declarant or the Board and Recorded. 3.4 Maintenance of Lots. The exterior of all Buildings and other structures, and all exterior lighting, exterior signs, walks, driveways, lawns and landscaping on each Lot shall be maintained by the Lot Owner in good order, repair and condition and in accordance with the architectural, landscape and other standards set forth in the Specific Plan and other applicable City requirements, except to the extent that the maintenance of any portion of any Lot is the responsibility of the Association pursuant to this Declaration. All exterior painted surfaces shall be maintained by each Owner in a first-class condition and shall be repainted as needed in order to maintain such condition. 3.5 Undergrounding of Utility Lines. All electrical, telephone, cable and any other public or private utility lines within the Property shall be placed underground. 3.6 Maintenance of Drainage Facilities. The Owner of each Lot upon which any drainage facilities or Improvements are located shall repair and maintain the same in a reasonable operating condition according to their design, purpose and/or function, including, but not limited to, the removal of all obstructions which. may cause redirection or impedance of drainage flow, regardless of the source or cause of such obstruction or impedance. No Owner shall modify the grade or drainage of any lot or interfere with or obstruct the established surface drainage pattern over any Lot, unless adequate alternative provision is made for proper drainage and is first approved in writing by the Architectural Committee and the City. As used herein, "established drainage" is defined as the drainage which exists at the time the overall grading of a Lot is completed by Declarant. Water from any Lot may drain into adjacent streets, but shall not drain onto adjacent Lots unless an easement for such purpose is granted herein or on the Final Map. . 3. 7 Subdivision of Lots. In the event of a merger, resubdivision, merger, or lot line adjustment affecting one or more Lots: (a) each of the Lots created thereby shall be subject to this Declaration and the other Governing Documents; and (b) the Net Acreage of the Lot(s) prior to such resubdivision, merger or lot line adjustment shall be re-allocated as described in Section 3.3. above. 3.8 Landscapiny Maintenance District. Each Owner shall take title to its Lot subject to any and all assessments arising from City of Carlsbad Street Lighting and Landscaping No. I ("Landscaping Maintenance District"). The Landscaping Maintenance.District was fonned to finance the maintenance and/or replacement of certain landscape areas located within or benefiting the Property and other real property. The Association may pay any assessment or charge levied by the Landscaping Maintenance District against a Lot if the Lot Owner refuses or fails to make such payment, and the Association may levy a Special Assessment against such Lot 600000.11/SD T3433-006/1-314l7/ebs11ll -14- 12250 and Owner to reimburse the Association for such payment and its costs associated with such payment. 3.9 Participation of Owners in Reguired Programs. Declarant and/or the Association are authorized to create and/or coordinate the implementation or activities of any of the following programs which may be required pursuant to the Specific Plan or any other Project Approvals, appHcable Laws, or by the City or other governmental entity: (a) programs to encourage usage of buses, carpools and vanpools and to provide incentives for car-pooling, flex- time, shortened work weeks, telecommuting and other means of reducing vehicular miles traveled or other traffic management system; (b) employer incentive programs to encourage the placement of strategic bicycle storage lockers and the construction of safe and convenient bicycle facilities; (c) a crime prevention program; and (d) a hazardous materials disclosure and control program. Each Owner of a Lot within the Property shall participate in and/or cooperate with the above programs, at such Owner's expense, if the Board, in its sole and absolute yet good faith discretion, sha11 deem such Owner's participation or cooperation to be necessary or appropriate, or if such participation or cooperation by such Owner is required by any applicable Law or governmental entity. 3. JO Outdoor Storage. No outdoor storage of materials, except as allowed by the Specific Plan, shall be permitted unless required by the City's Fire Chief. When so required, the Owner shall submit and obtain the approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 3.11 Sight Distance Corridors. Pursuant to City requirements, no structure, fence, wall, tree, shrub, sign or other object over thirty (30) inches above the street level may be placed or pennitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. Each Owner shall maintain this condition on its Lot. 3 .12 Invasive Plants. No Invasive Plants shall be pennitted on any Lot. "Invasive Plants" means those species listed in the CalEPPC List of Exotic Pest Plants of Greatest Ecological Concern in California, as amended from time to time. A copy of the current list of Invasive Plants, dated February, 2006, is attached hereto as Exhibit E. Each Owner: (a) shall keep its Lot free of Invasive Plants; (b) shall pay the costs of removing Invasive Plants from its Lot and any Invasive Plants which have propagated and spread from its Lot to adjacent property, including but not limited to the Open Space Preseive Lots; and (c) shall pay all costs (including, but not limited to, attorneys' fees and court costs) incurred by the Association and/or any other Owner in enforcing this prohibition in the event of a violation by such Owner. 4.1 ARTICLE4 ARCHITECTURAL REVIEW Architectural Committee. 4.1.1 Organization: Members. An Architectural Committee consisting of not less than three (3) Persons ("Committee Members") shall be established to conduct architectural review pursuant to this Article 4. Until such time as the Association is formed, 600000.11/SD '1'1413~1-1~7/cbs/slt -15- _________ , ----•---------- -... 12251 Declarant shall have the right to appoint and replace all Committee Members and upon formation of the Association, the Board shall have the right to appoint all Committee Members; provided, however, that if Kilroy acquires the Kilroy Lots pursuant to the Kilroy Purchase Agreement, then Kilroy shall have the right to appoint and replace one (1) of the three (3) for so long as Kilroy owns at least fifty percent (50%) of the total Net Acreage of the Kilroy Lots. The term of the Committee Members shall be one (1) year. Any Committee Member may resign from the Committee, at any time, upon written notice to the Board. Any new Committee Member appointed to replace a Committee Member who has resigned or been removed shall serve for such Committee Member's unexpired term. Committee Members whose terms have expired may be reappointed or reelected. A majority of the Committee may designate a representative to act for it. The Committee may hire and pay consultants, architects 9r others to review plans, specifications or other documents submitted pursuant to this Article 4. duties: 4. l .2 Duties. The Architectural Committee shall have the following (a) To con~ider and approve, conditionally approve or disapprove Preliminary Plans, Construction Drawings and other documents required to be submitted to the Architectural Committee pursuant to Article 4; (b) In reviewing plans, specifications and other documents submitted pursuant to this Article 4, to apply and enforce the standards and restrictions set forth in this Declaration, including the Architectural and Landscape Standards; and (c) this Declaration. To perform all other duties delegated to and imposed upon it by 4.2 Approval Required. Unless and until plans and specifications have been submitted to and approved in writing by the Architectural Committee pursuant to Section 4.4 below: (a) no Improvement, including any Building, fence, sign, wall or other structure or landscaping, or any above, below or at grade tank, sump, pit, pond, lagoon or other device used for the storage or treatment of any Hazardous Materials, shall be commenced, erected, installed or maintained upon any Lot; (b) no exterior addition to or alteration of any Building or Improvement shall be made; (c) no Lot(s) be subdivided, merged or lot line adjusted; and (d) no grading or drainage on a Lot shall be modified; and (e) no modification shall be made by any Owner to the Required Landscape Setback Areas on such Owner's Lot. The Board shall have the exclusive right to grant variances from the restrictions set forth in this Declaration, including the Architectural and Landscape Standards, so long as any such variances would not, in the good faith estimation of the Board, detrimentally affect the development scheme and quality of Improvements within the Property. Declarant and Declarant' s affiliated companies shall comply with these CC&Rs and any Architectural and Landscape Standards but shall not be required to submit it's building projects to the Architectural Committee for approval. Declarant's affiliated companies shall be any entities which Declarant in writing designates as affiliates from time to time. 4.3 Basis for Disapproval. The Architectural Committee may disapprove any and all plans and specifications submitted hereunder based upon any of the following: 600000.11/SO Tll-483.oo61l-li5-07/cbs/slt -16- 122,5'2 (a) Failure to comply with any of the provisions of this Declaration, including the Architectural and Landscape Standards; (b) Failure to comply with the Specific Plan or any other Project Approvals or City development standards and regulations applicable to the Property; (c) Objection to the color scheme, finished proportions, style of architecture, height, bulk or appropriateness of any proposed Improvement in relation to the Lot or other Lots, or in relation to other Improvements which are existing or proposed and approved by the Committee; (d) Incompatibility of exterior design or materials with existing structures and the topography and scenic resources of the area; (e) Objection to the landscape plan, including conformity of landscape design or materials with street landscaping, existing or proposed landscaping approved by the Architectural Committee for other Lots, or the Architectural and Landscape Standards; (f) Visual or aesthetic impact; (g) The effect of the location and use of the Improvements on neighboring sites an~ the operations and uses thereon; (h) Objection to the finished grading plan for any Lot, including the final ground elevation of the site and the design, facing and height of the Building elevations in relation to nearby streets and adjacent sites; (i) Failure to adequately screen trash areas and mechanical equipment from view from adjacent streets and properties; (j) Inadequacy of off-street parking or obJection to the design and location of.the parking areas; and (k) Any other matter which, in the reasonable judgment of the Committee (which shall be applied in a non-discriminatory manner), would render the proposed Improvements or use inharmonious with the general plan for improvement of the Business Park or with Improvements then existing or proposed and approved by the Architectural Committee for other Lots within the Business Park. In reviewing or approving any submittal, the Committee shall not be responsible for determining compliance with any governmental land use or building construction ordinances or requirements. In the event of any inconsistency between the requirements of the Specific Plan and the · requirements of this Declaration or the Architectural and Landscaping Standards, the more restrictive of such restrictions and/or requirements shall control. The Architectural Committee shall be solely responsible for interpreting any such inconsistencies. 600000. I IISD 11483-006/1-16--07/cbt/sl! -17- . ""' ________ ----- 4.4 Approval Procedure. 4.4.1 Submission of Preliminary Plan. Each Owner or its authorized agent (" Applicant") shall deliver to the Architectural Committee preliminary plans or schematic drawings ("Preliminary Plan"), in such form and containing such information as may be required by the Architectural Committee, prior to the commencement of any matter which requires approval pursuant-to Section 4.2. The Preliminary Plan shall consist of not less than two (2) sets of scaled drawings, labeled with the Applicant's name, address and telephone number. All architectural renderings and schematic drawings shall be signed and dated by the Applicant. The Preliminary Plan shall include, but is not limited to, the following elements: (a) A site development plan showing the nature, shape, height, design and location of proposed Improvements or exterior additions to Improvements, including, but not limited to, existing and proposed building areas, setbacks, driveways, parking · areas, walkways, landscaped areas, storage areas, and refuse areas; (b) A drainage and grading plan; (c) A sign plan; (d) A landscaping plan; (e) A lighting plan; (f) Architectural elevations and exterior materials, colors and finishes; and (g) Detailed plans and specifications for any device, inclusive of monitoring and spill or leak control systems, to be used for the storage or treatment of Hazardous Materials. 4.4. 2 Approval of Preliminazy Plan. The Architectural Committee shall approve or disapprove the Preliminary Plan, in writing, within fifteen (15) business days after the acknowledged receipt by the Architectural Committee of the complete Preliminary Plan. The Architectural Committee shall have the right to request from any Applicant such supplementary materials as the Architectural Committee reasonably requires to complete its review of the Preliminary Plan, and the 15-business-day approval period shall be extended to allow for the receipt and review of such supplementary materials by the Architectural Committee. If the Architectural Committee fails to approve or disapprove the Preliminary Plan during the required period, it shall be conclusively presumed that the Architectural Committee has approved the Preliminary Plan: The Architectural Committee's approval shall designate any portions of the Required Landscape Setback Areas which must be maintained by the Lot Owner, pursuant to Section 6.2.2. 4.4.3 Submission of Construction Drawings. After approval of the Preliminary Plan, and prior to the commencement of any activity which requires approval pursuant to Section 4.2, and concurrently with, or prior to, the submission of such drawings to the City or any other governmental agency, the Applicant shall deliver to the Architectural 600000.11 /SD 1'1483-006/1-16~7/ebs/slt -18- 12254 Committee detailed construction drawings ("Construction Drawings") consistent with the approved Preliminary Plan. The Construction Drawings shall include the Building Area of the Improvements measured in the same manner as, and in no event greater than, the Maximum Building Area for such Lot. 4.4.4 Approval of Construction Drawings. The Architectural Committee shall approve or disapprove the Construction Drawings, in writing, within fifteen (15) business days after the acknowledged receipt by the Architectural Committee of the complete Construction Drawings, including, but not limited to, any changes to the Construction Drawings required by the City. The Architectural Committee shall have the right to request from any Applicant such supplementary materials as the Architectural Committee reasonably requires to complete its review of the Construction Drawings. The IS-business-day approval period shall be accordingly extended to allow for the receipt and review of such supplementary materials by the Architectural Committee. If the Architectural Committee fails to approve or disapprove the Construction Drawings during the required period, it shall be conclusively presumed that the Architectural Committee approves the Construction Drawings. 4.4.5 Fees. The Architectural Committee may establish comm·ercially reasonable and non-discriminatory fees for the revision of any Preliminary Plan, Construction Drawing, approval certificate or other matter subject to the Architectural Committee's approval. Such fees shall be nonrefundable and paid by the Applicant concurrently with submittal of the matter to be approved. The fees shall be in amounts set by the Architectural Committee, in its commercially reasonable discretion, to cover anticipated architectural and engineering review fees and other third-party costs of approval, and such amounts may be modified or waived from time to time by the Architectural Committee, in its discretion. 4.5 Proceeding With Work. 4.5.1 Commencement of Improvements. Upon receipt of approval of the Construction Drawings from the Architectural Committee, the Applicant shall, as soon as practicable, satisfy all conditions thereof and diligently proceed with the commencement and completion of the Improvements in accordance with the approved Construction Drawings. If work is not commenced within one (I) year after the date of such approval ( or such later date which may be submitted by the Applicant and approved by the Architectural Committee as part of the Construction Drawings, as such commencement deadline may be extended as a result of Unavoidable Delays pursuant to Section 4.5.3 below), then the approval given shall be deemed revoked, unless the Architectural Committee, upo~ written request by the Applicant made prior to the commencement deadline, extends the time for commencing work, in writing. Such extension shall not be unreasonably withheld by the Architectural Committee. 4.5.2 Completion. Improvements approved by the Architectural Committee shall be completed within one (1) year following the commencement of construction, as su~h completion deadline may be extended as a result of Unavoidable Delays pursuant to Section 4.5.3 below, or as may be extended by the Architectural Committee, in writing, pursuant to request made by the Applicant prior to the completion deadline. 600000.11/SD T8483.()06/l-1~7/d>s/sll -19- 12255 4.5.3 Unayojdable Events. If an Owner's performance is delayed or impeded by Unavoidable Events, the deadlines for commencement and for completion of work described in Sections 4.5.1 and 4.5.2 above shall be extended for the additional time reasonably required as a result of such Unavoidable Events, but not to exceed an additional period of one ( 1) year. As used herein, "Unavoidable Events" means fire, casualty or other acts of God; strikes, lock-outs, or labor disputes; inability to procure materials or services or reasonable substitutes therefor; failure of power or other utilities; governmental actions or restrictions; war, civil commotion or acts of terrorism; prolonged rain or other unusual weather conditions; and other similar events beyond the reasonable control of the Owner obligated to perform, but excluding financial inability or general economic conditions. 4.6 Approyal Certificate. Within fifteen (15) business days after delivery of a written request therefor and provided any fee required pursuant Section 4.4.5 has been paid, the Architectural Committee shall deliver a certificate stating as of the date thereof whether any Preliminary Plan and/or Construction Drawings submitted to the Architectural Committee have been approved. At any Owner's request, and upon payment of a reasonable fee to be determined by the Architectural Committee, the Architectural Committee shall make an inspection of any completed Improvements and deliver to such Owner a certificate stating whether such Improvements comply with the provisions of this Declaration, including the Architectural and Landscape Standards. 4.7 Failure to Obtain Approval. Any Improvements located on any Lot for which the Owner has failed to obtain the approval of the Architectural Committee, if required, and to which the Architectural Committee fails to object by sending written notice to such Owner on or before one (1) year after completion of such Improvements, shall be deemed approved. If the Architectural Committee delivers timely notice of objection to such Improvements to the Owner of the Lot, the Owner shall imm~diately provide the Architectural Committee with complete as-built plans for the Improvements, together with the fees required pursuant to Section 4.4.5. The Architectural Committee shall then review and either approve or disapprove the submitted as-built plans in accordance with the provisions of Section 4.4.4 above. In the event of disapproval of the as-built plans, the Architectural Committee shall provide the Owner with written notice of such disapproval, together with a description of the reasonable remedial measures which must be taken by such Owner to obtain the approval of the Architectural Committee for the completed Improvements. The Owner shall then use commercially reasonable efforts to comply with the remedial measures to secure the approval of the Architectural Committee for the completed Improvements. The Association shall have the right to commence legal proceedings to enjoin any work commenced on any Improvements which have not been approved in advance by the Architectural Committee as required by this Declaration. The Owners hereby agree to waive, to the fullest extent permitted by applicable law, any and all requirements that the Association post a bond or other security, monetary or otherwise, as a condition to maintaining such action to enjoin work commenced upon any Improvements without having obtained the prior approval of the Architectural Committee. 4.8 Nonliability for Approval of Plans. Declarant, the Association, the Board, the Architectural Committee and/or the Committee Members shall not be liable in damages or otherwise by reason of any mistake in judgment, negligence, or nonfeasance arising out of or in connection with: (a) the approval or disapproval or failure to approve or disapprove any 600000.11/SD 1'1483-006/1-16-07/cbs/all -20· 12256 Preliminary Plan, Construction Drawings, or other plans, specifications, drawings or documents (collectively, "Plans") submitted for approval pursuant to this Article 4, which approval or disapproval is given or withheld in accordance with the tenns and conditions of this Declaration; (b) the construction or perfonnance of any work or Improvement by an Owner pursuant t~ Plans, ... whether or not approved pursuant to this Article 4; (c) any defects in any Plans or any work, whether or not pursuant to approved Plans; ( d) the development of any Lot within the Property or the perfonnance of any work pursuant to approved Plans; or (e) the execution and filing ofa certificate pursuant to Section 4.6, whether or not the facts therein are correct, provided that the Architectural Committee has acted in good faith in issuing such certificate on the basis of such inforntation as it may possess. Each Owner, Lessee, Occupant or other Person who submits Plans or other documents to the Committee shall indemnify, protect, hold harntless and defend Declarant, the Association, the Board, the Architectural Committee, the Committee Members, and the agents of each such party, from and against a!] liabilities, losses, claims, damages, costs or expenses (including reasonable attorneys' fees) suffered or claimed by any Person on account of any of the matters described-above in this Section. Each Per~on who submits Plans agrees, by submission of such Plans, and every Owner agrees by acquiring tit.le to his Lot, that he will not bring any action or suit against any such parties based on the matters described above. In reviewing, approving and/or disapproving Plans pursuant to this Declaration, the decisions of the Architectural Committee may be based solely on aesthetic grounds, and the Architectural Committee and/or the Committee Members shall not be deemed to have made any representation or warranty regarding the suitability, adequacy or completeness of such Plans. No approval or comment shall be considered an approval of the Plans from an engineering perspective or a detennination that the Plans are suitable to meet building, environment or engineering design· standards or that the Improvements have been built in accordance with such Plans, drawings and/or specifications. The Architectural Committee need not be comprised, in whole or in part, of licensed engineers and/or architects. 4.9 Waiver of Approvals and Conflict oflnterest. Notwithstanding any other provision of this Declaration, Declarant shall not be required to submit any Plans to the Architechlral Committee for approval. The Committee Members may be appointed by, affiliated with or employed by Declarant. Neither Declarant nor any Committee Member shall have any liability to any Owner or other Person by reason of decisions which may benefit Declarant rendered in good faith by the Architectural Committee or any Committee Member while such relationship exists, and each Owner hereby waives any claim of liability against Declarant, the Architectural Committee or any Committee Member based on any conflict of interest based upon such relationship. 4. IO Appeal. In the event the Preliminary Plan or the Construction Drawings submitted to the Architectural Committee for approval are disapproved, the Applicant may appeal in writing to the Board, by delivering· a written request for appeal to the Board no later than thirty (30) days following the final decision of the Architectural Committee. Upon receipt, the Board shall submit' such request to the Architectural Committee for review, and the Architectural Committee's written recommendations regarding the appeal shall be submitted to the Board. Within forty-five ( 45) days following receipt of the request for appeal, the Board shall render.its written decision. The failure of the Board to render a decision within said 45-day period shall be deemed a decision to uphold the Architectural Committee's decision. 600000.11/SD TI483-006/l -16-07/cbo/all -21- 12257 4.11 Submission of Plans to Cicy or Government Plans shall be submitted to · the Architectural Committee pursuant to this Article prior to or concurrently with submittal of the Plans or related applications to the City for approval. If Plan.s approved by the Architectural Committee are subsequently modified by the City or other governmental action, the modifications must be submitted to and approved by the Committee in writing, pursuant to the procedures specified in this Article. Upon City or other governmental approval of any such Plans, whether or not they have been modified, one complete approved set shall be provided to the Architectural Committee: 4.12 Compliance With Governmental Regulations. Nothing herein contained shall be deemed to constitute approval of any use which is inconsistent with the Specific Plan, the Project Approvals or any applicable Laws, and compliance with the standards or requirements of the Specific Plan shall not constitute compliance with the standards or requirements of this Declaration if such standards or requirements differ. Each Owner of each Lot shall have the sole responsibility for obtaining and/or renewing any and all permits, licenses, certificates and other approvals which may be required by any governmental entity with respect to such Owner's development and/or use of such Owner's Lot. Each Owner hereby agrees to indemnify, protect, hold harmless and defend, with counsel satisfactory to Declarant, Declarant from any and all liability, cost or expense it may incur in connection with or as a result of such Owner's failure to comply with the Specific Plan or applicable Laws, or with any of the restrictions or covenants. contained in this Declaration, or arising out of such Owner's activities on the Property. ARTICLE 5 REGULATION OF USES 5.1 Permitted Uses. Each Lot shall be used only for uses in conformity with the Specific Plan and all applicable zoning and use ordinances, regulations and requirements. Any other use shall require the approval of the City and the prior written consent of the Board. The Board shall not be liable for any damage, loss or prejudice suffered or claimed by any Person on account of the granting or withholding of its consent to any use pursuant to this Section 5.1, provided the Board has acted in good faith on the basis of such information as it may possess. . 5.2 Prohibited Uses. The following uses shall not be permitted: residential uses, trailer courts, mobile home parks, or recreational vehicle campgrounds; junk yards; commercial mining or quarry operations; commercial excavation of building or construction materials (except in the usual course of construction of improvements); dumping, disposal, incineration or reduction of garbage, sewage; offal, dead animals or refuse; stockyards and slaughter of animals; refining of petroleum or of its prodµcts; smelting of iron, tin, zinc or other ores; cemeteries; jails and honor farms; labor camps and migrant workenamps; petroleum storage yards or any activity which results in the release, disposal or discharge of Hazardous Materials on the Property; and/or any use which would be offensive by reason of odor, fumes, dust, smoke, noise or pollution or hazardous by reason of excessive danger of fire or explosion. In addition, no portion of the Property shall be used for the outdoor storage of any materials, equjpment, machinery, products or other property, except as permitted under Section 3.10. 600000.11 /SD T8413-006/1-l6-07/cbslslt -22- 12258 5.3 Settlement Monjtorin.: Equipment Proiram and Easements. One or more surface settlement monuments ("Settlement Monuments") have been or may be installed on one or more Lots within the Property for purposes of monitoring the settlement of fill. The affected Lots and the specific location of the Settlement Monuments thereon shall be determined by Declarant prior to or concurrently with the first sale of the affected Lot by Declarant to an Owner. Declarant hereby reserves to itself, together with the right to grant and transfer the same to the Association, an exclusive easement for the placement of Settlement Monuments on one or more Lots as determined by Declarant prior to such first sale, and a nonexclusive easement for ingress and egress to and from each Settlement Monument for the purpose of monitoring and maintaining the same. No Owner, Lessee or Occupant of a Lot on which a Settlement Monument is located shall do anything which impairs the integrity of or access to the Settlement Monuments; provided, however, subject to such reasonable requirements as Declarant may impose, the Owner of a Lot on which one or more Settlement Monuments are located may move such Settlement Monument(s) to another location on its Lot reasonably approved by the City. 5 .4 Hazardous Materials. 5.4.1 General and Specific Prohibitions. (a) No Owner, Lessee or Occupant of a Lot shall: (i) generate, use, release, store, transport or handle any Hazardous Material within any portion of the Property except on that Owner's, Lessee's or Occupant's Lot and in accordance with all applicable Laws; (ii) dispose of any Hazardous Material within any portion of the Property or, unless permitted pursuant to Section 5.1, operate a Hazardous Materials treatment facility within the Property; or (iii) install, opera~e or maintain any above, below or at grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on or about its Lot unless Plans therefor have been submitted to and approved by the Architectural Committee pursuant to Article 4. · (b) No project facilities located within 1,000 feet of any residential dwelling unit shall store, handle, or use toxic or highly toxic gases as defined in the most currently adopted fire code at quantities that exceed the exempt amount as defined in the most currently adopted fire code. (c) Facilities that store, handle, or use regulated substances as defined in the California Health and Safety Code 25532(g) in excess of threshold quantities shall · prepare risk management plans for determination of risks to the community. (d) Facilities that store, handle, or use any quantity of a toxic or highly toxic gas as defined in the most currently adopted fire code, which are also regulated substances as defined in the California Health and Safety Code 25532(g) shall prepare an offsite consequence analysis ("OCA"). The analysis shall be performed in accordance with Title 19 of the California Code of Regulation 2750.2 through 2750.3. If the OCA show the release could impact the residential community, the facility will not store, handle or use the material in those quantities. If a decrease in the quantity of material reduces the distance to toxic endpoint to where the community is not impacted, the facility shall be able to utilize the material in that quantity. 600000.11/SD · T14B3-00611·16-07/ebs/slt -23- -···-----------------~~-------- - 12259 5.4.2 Duty To Notify. Each Owner shall immediately notify the Board of any of the following with respect to such Owner's Lot: (a) any notices of violation or potential or alleged violation of any Laws which the Owner shall have received from any governmental agency concerning the use, storage, release and/or disposal of Hazardous Materials; (b) any and all inquiry, investigation, enforcement, cleanup, removal or other governmental or regulatory actions instituted or threatened with respect to Hazardous Materials relating to such Lot; (c) all claims made or threatened by any third party relating to any Hazardous Materials relating to such Lot; and (d) any release of Hazardous Materials on or about the Lot which such Owner or the Lessee or Occupant of such Owner's Lot knows of or reasonably believes may have occurred. No duty of any ,kind on the part of the Board shall be implied or imputed as a result of the Board's receipt of such information. 5.4.3 Compliance with Hazardous Materials Laws. Each Owner shall:, (a) be responsible for the cleanup, removal, remediation and investigation of any Hazardous Materials contamination of any portion of the Property which arises in connection with the use, handling, storage, generation, release, disposal or transport of Hazardous Materials by such Owner or any Lessee or Occupant of such Owner's Lot; (b) use its good faith diligent efforts to comply with all orders, directives and requests of applicable governmental agencies with respect to the cleanup, removal, remediation and/or investigation of such contamination; (c) comply with the provisions of the Specific Plan restricting the use of Hazardous Materials; and (d) comply with all Laws governing the use, handling, storage, generation treatment, transport, release or disposal of Hazardous Materials. ARTICLE6 MAINTENANCE AND USE OF COMMON AREAS 6.1 Maintenance Responsjbilities of Association. 6.1.1 General. The administration of this Declaration and the management of the Common Areas shall be vested in the Association, subject to delegation of specific maintenance obligations pursuant to this Article 6. Subject to the obligation of each Owner to pay Assessments as provi~ed in Article 8 and subject to the terms of this Article 6, the Association shall operate, manage, maintain, repair, restore and reconstruct the Common Areas and all facilities and Improvements located thereon in a condition and state of repair comparable to other first-class business parks located in San Diego County, California. The Association may commence maintenance of the Common Areas in phases, as Improvements to portions thereof are completed. Maintenance by the Association of any portion shall commence upon completion of the Improvements (if any) to such portion, as evidenced by a written notice from Declarant to the Association together with a copy of any applicable notice of completion; provided, however, Declarant shall continue to maintain any Common Areas or Improvements located thereon to the extent they are covered by a maintenance or warranty bond in favor of the City. All Owners shall be responsible for a proportionate share of the costs incurred by the Board pursuant to this Article, through Assessments levied in accordance with Article 8. 6.1.2 Maintenance Activities. The Association's maintenance function with respect to the Common Areas, except as otherwise delegated pursuant to this Article 6, includes, but is not limited to, the following: 600000.1 I/SD 11483~. 16-07/ebs/slt -24- ~, 12260 (a) The maintenance of all Common Areas in accordance with the Specific Plan, the conditions of approval 9fthe Tentative and Final Map, other applicable governmental requirements, the Open Space Preserve Grant of Easements, and Recorded restrictions; (b) The maintenance and replacement, when necessary, of trees, shrubs, ground cover and other landscape plantings or improvements installed on the Common Areas by Declarant or its successors pursuant to landscape plans submitted to and approved by the City; (c) Clearing, grubbing and other maintenance of slopes and areas, as required by the City or other governmental authorities, or as considered appropriate by the Board; (d) Removing all trash and refuse from the Common Areas; (e) Cleaning, repairing and·replacing all driveways and signs within the Common Areas (other than signs installed by an Owner as permitted hereunder); and (f) Maintaining, repairing and replacing all utility facilities within the Common Areas, to the extent such work is not performed by a public or private utility company, agency or distfict. 6.1.3 Maintenance of Drainage and Pollution Control Facilities. The Association shall maintain the storm drainage, storm water pollution control facilities, detention basins and related access easements and improvements included in the Common Areas, as defined in Section 1.19. The initial Common Areas are shown on Exhibit C. The Association shall comply with the Storm Water Pollution Prevention Plan ("SWPPP") for the Property, including the use of best management practices ("BMPs") in accordance with City regulations to reduce surface pollutant.$ to an acceptable level prior to discharge to sensitive areas. Each Lot will include structural BMPs to remove anticipated pollutants from storm water runoff; and the Lot Owner shall maintain such BMPs until such time as the City may decide to assume maintenance responsibility. 6.2 Maintenance by Lot Owners. 6.2. I Extraordinao,: Maintenance or Repair. If the Board detennines that extraordinary maintenance or repair of any Common Area is being caused by a particular Owner or its Lessee or· Occupant, the Board may, in its sole and absolute yet good faith judgment, levy a Special Assessment against such Owner and its Lot to defray the costs attributable to such extraordinary maintenance or repairs. If activities on any Lot involving Hazardous Materials result in contamination of the soil or groundwater in, under or around such Lot, the Board may, at its election, cause such contamination to be investigated, mitigated, cleaned up, removed and/or remediated if the Board determines, in its sole and absolute yet good faith judgment, that (a) the Owner is failing to use diligent efforts to mitigate, remove or remediate such contamination in accordance with the requirements of the applicable governmental agencies; and (b) such contamination has spread or threatens to spread from such Lot to any other Lot or any . Common Area. All costs and expenses of the Association, including attorneys' and consultants' 600000.11/SD T8433~1 • 16-07/cbs/lit -25- 12261 fees, incurred in connection with the Board's investigation, mitigation, clean-up, removal or remediation of such contamination may be charged against such Owner and its Lot as a Special Assessment and.shall be paid by such Owner. 6.2.2 Required Landscape Setback Areas. Each Owner shall have a right to modify the Required Landscape Setback Areas located on such Owner's Lot in order to construct driveways and related Improvements or to utilize all or portions of such areas for stormwater pollution control facilities, subject to the following conditions: (a) Plans for any such modification shall be subject to approval by the Architectural Committee pursuant to Article 4:· (b) such Owner shall repair or replace, at its cost, all Common Area landscaping, irrigation and drainage facilities damaged in connection with such construction or install modified landscaping irrigation and drainage facilities pursuant to the approved Plans; and (c) the Association shall not be obligated to maintain any driveways, modified landscaping or other Improvements installed by an Owner, which shall be the responsibility of the Owner of the applicable Lot. 6.2.3 Compliance With SWPPP. All Owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. Toxic chemicals or hydrocarbon ·compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet federal, state, county and City requirements as prescribed in their respective containers. BMPs shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 6.3 Authority to Contract. The Association is hereby authorized to contract with, in its discretion, any responsible Person to perform all or any portion of the Association's management and maintenance responsibilities hereunder. · 6.4 Permitted Transfers of Common Areas. 6.4. I To the City or Other Public Agency. Declarant shall have the right to dedicate or transfer all or any portion of the Common Areas owned by Declarant to the City or any other public agency, authority or utility for public park, public easement or utility easement purposes. Declarant shall have the right to convey the Open Space Preserve Lots to CNLM, subject to the provisions of the Open Space Preserve _Grant of Easements. 6.4.2 To the Association. Declarant may convey any or all of the Common Areas owned by Declarant to th~ Association. 6.5 Destruction. Restoration. As soon as practicable after the damage or destruction of all or any portion of the Common Areas, the Board shall: ( a) obtain bids from at least two (2) reputable contractors, licensed in California, which bids shall set forth in detail the work required to repair, reconstruct and restore the damaged areas to substantially the same condition as existed prior to such damage and the itemized cost of such work; and (b) determine 600000. I IISD T8483-006/l-l6-07/cbo/olt -26- 1226·2 the amount of all insurance proceeds available to the Association for the purpose of effecting such repair, reconstruction and restoration. If the insurance proceeds available to the Association are sufficient to effect the total repair, reconstruction and restoration of the damaged or destroyed areas, then the Association shall cause such to be repaired, reconstructed and restored to substantially the same condition as existed prior to such damage. If the proceeds of insurance available to the Association are insufficient to cover the cost of repair, reconstruction and restoration, the Board shall levy a Special Assessment for all additional funds needed to comply with the obligation of the Association to maintain the Common Areas in accordance with this Article 6. 6.6 City Requirements. The following provisions are included in this Declaration for the benefit of the City, as required by the conditions of City approval of the Tentative Map: 6.6. I General Enforcement by the City. The City shall have the right, but not the obligation, to enforce the provisions of this Section 6.6. 6.6.2 Notice and Amendment. A copy of any proposed amendment to this Declaration shall be provided to the City in advance. If the proposed amendment affects the City, the City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to the City within thirty (30) days for the official record. · 6.6.3 Failure of Association to Maintain Common Areas. In the event that the Association fails to maintain the Common Areas as provided in Article 6, Section 6.1, the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to each Owner of a Lot within the Property, setting fqrth with particularity the maintenance which the City finds to be required and requesting that the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Areas within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. 6.6.4 Special Assessments Levied by the City. In the event the City has performed the necessary maintenance of any Common Areas, the City ·shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Areas. The City shall provide a copy of such invoice to each Owner, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount the invoice. Thereafter, the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Property for a share of the invoice, plus the late charge, which shall be allocated among the Owners in proportion to the 600000.11/SD T8483-006/l-16-07icbs/slt -27- - 12263 Net Acreage of each Owner's Lot. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Property hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot, and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article 10 of this Declaration. ' 6.6.5 Compliance with Specific Plan. All development within the Business Park shall be entirely consistent with all requirements of the Specific Plan, which is incorporated by reference into this Declaration. The Property is also subject to other applicable City permits, approvals and regulations, including the Zone 16 Local Facilities Management Plan, the Tentative Map, the Final Map, Hillside Development Permit 97-10, Planned Industrial Permit 02-02, and Special Use Permit 97-07, as approved by the City. The "Project Approvals" means, collectively, the Specific Plan and all other City permits, approvals and regulations applicable to the Property. 6.6.6 Landscape Maintenance Responsibilities. The Association and individual Lot Owner landscape maintenance responsibilities shall be as set forth by the approved landscape plan on file at the City of Carlsbad Planning Department. The Association's maintenance responsibility shall include the passive recreation areas on Common Area Lot 9 and north of Faraday Avenue, which shall serve employees of the Business Park. 6.6. 7 Environmental Miti~ation. All development within the Property shall comply with environmental mitigation measures set forth in Planning Commission Resolution 5244, Exhibit EIR-B, dated August 21, 2002. 6. 7 Open Space Presetve Grant of Easements. The (?pen Space Preserve Lots are required to be improved, used and maintained for certain conservation and open space purposes, pursuant to the Specific Plan and other Project Approvals. Fee title to the Open Space Preserve Lots will be conveyed by Declarant to the Center for Natural Lands Management, Inc., a California nonprofit corporation ("CNLM"), subject to the Carlsbad Oaks North Business Park Preserve, Grant of Easements for Open Space Preserve Lots ("Open Space Preserve Grant of Easements") which will be recorded subsequent to the recordation of these CC&Rs. The Open Space Preserve Grant of Easements sets forth the respective rights and obligations ofDeclarant, the Association and CNLM relating to the improvement, use, management and maintenance of the Open Space Preserve Lots. The Open Space Preserve Grant of Easements provides certain easement rights, for the benefit of Declarant and/or the Association, relating to access, use, improvement and/or maintenance of the Common Areas (and Improvements thereon) and other facilities located within the Open Space Preserve Lots. The Open Space Preserve Grant of Easements also provides for the improvement, use, management and maintenance of the Open Space Preserve Lots. The rights and obligations of the Association set forth in the Grant of Easements For Open Space Lots are incorporated into this Declaration by this reference: Additionally, the Association shall at all times be bound by and shall comply with the Project Approvals and the rules and regulations of the CNLM when exercising its rights and obligations with regard to the Open Space Preserve Lots. 600000. I I /SD • T8483-006/J-31.07/ebsislt -28- ARTICLE7 EASEMENTS 122·64 7.1 Easements Over Common Areas. The Common Areas are subject to the following easements: (a) There is hereby reserved to .Oeclarant an easement over the Common Areas for the purpose of grading and installation of utilities, landscaping, irrigation and drainage facilities, and other facilities and Improvements, as necessary or appropriate to complete the improvement of such Common Areas pursuant to the conditions of approval of the Final Map and other applicable governmental regulations and requirements. (b) There is hereby reserved, for the benefit of Declarant and the Association, and their employees, agents and contractors, an easement over all Common Areas for the purpose of ingress, egress, operation, maintenance, repair, restoration, reconstruction and landscaping, and as necessary to exercise the rights and to perform the duties set forth in this Declaration. (c) There is hereby reserved over those Common Areas outside the public rights-of-way, for the benefit of Declarant, the Association and all Owners: (i) an easement for pedestrian ingress and egress over those Common Areas which are improved from time to time for pedestrian ingress and egress; and (ii) an easement adjacent to the main e_ntry to the Business Park for monument signs, landscaping, walls and other Improvements identifying the entry. (d) There is hereby reserved over the Common Areas, for the benefit of Declarant and each Owner, an easement to the extent necessary as a result of and for purposes of complying with any brush management requirements related to the Improvements located on such Owner's Lot. The Open Space Preserve Grant of Easements provides for certain easements over the Open Space Preserve Lots for access, improvement, use and maintenance of the Common Areas located thereon, for the benefit of Declarant and/or the Association. The Common Areas, including all areas subject to the easements granted herein, shall be maintained as further described in Article 6. All easements granted herein to Owners shall be appurtenant to and shall pass with title to each such Owner's Lot and may be used by the Owners, Lessees and Occupants of each such Owner's Lot, and their respective guests, subject to the Rules and Regulations and the other restrictions set forth in Article 6. 7.2 Reservation of Easement Over Lots and Common Area. There is hereby reserved, for the benefit of the City and its employees, agents and contractors, an easement over the stormwater pollution prevention basins located on the Common Areas and the Lots for the purpose of inspection for compliance with the approved SWPPPs for the Property. 7.3 Entzy on Common Areas. The Association shall maintain the insurance described in Section 2.2.4(b) in connection with any entry on Common Areas in the performance of any rights or obligations of the Association. The Association shall maintain the insurance IS00000.11/SD 11413--006/1-16-07/ebs/slt -29- --------------.,._., __ , ___ ...... - 1226S required under the Open Space Preserve Grant of Easements in connection with ·maintenance of the Common Areas located within the Open Space Preserve Lots. hi connection with any entry by an Owner (including Declarant) onto any Common Areas for purposes of performing any work in connection with the easements granted to such Owner pursuant to Section 7.1, or otherwise permitted under this Declaration, such Owner shall, at its expense: (a) Maintain at all times during such period of entry commercial general liability insurance, with a combined single limit per occurrence of at least $2,000,000, naming the Association (and the fee owner of such Common Afeas if other than the Association) as additional insureds, and providing that such coverage shall noi be terminated or modified without at least thirty (30) days' prior written notice to the Board; (b) Deliver to the Board a certificate evidencing that such insurance is in full force and effect prior to en~ onto such Common Areas; (c) Perform all work in a safe manner, insure that no.hazardous· condition remains on such Common Areas, and repair any damage thereto; ( d) Keep such <:;ommon Areas free and clear of all mechanics' or materialmen's liens arising out of such Owner's activities; (e) Comply with all applicable Laws in connection with such work; and (f) Indemnify, protect, hold harmless and defend the Declarant, the Association, the Board and the fee owner of such Common Areas from and against all liabilities, losses, liens, claims, damages, costs and expenses (including attorneys' fees and court costs) for labor or services performed or materials furnished to or for such Owner, or for bodily injury or property damage, arising out of such Owner's entry or breach of the provisions of this Section 7.3. 7.4 Utility Easement. Declarant hereby grants to the Association, together with the right to grant and transfer the same to the City and/or any public or private utility, assessment district or municipal finance district, and to the successors and assigns of the Association, non-exclusive easements over, across and under the Property for purposes of constructing, installing, removing, repairing, replacing and maintaining any water, electric, telephone, private or public communications, cable television, gas, sanitary sewer, storm water retention and drainage facilities as may now or hereafter be needed to service all or any portion of the Property; provided, however, such easements shall, to the extent practicable, be li_mited to the perimeter areas of Lots and shall not unreasonably interfere with the use and enjoyment by the Owners of their Lots and any Improveme~ts located thereon. If the Association damages the surface of any Lot in connection with the repair, maintenance, removal or replacement of such utilities, including any Improvements located thereon, the Association shall restore the damaged property substantially to the same condition that existed immediately prior to such damage, and any costs incurred by or at the direction of the Association shall be allocated on an equitable · 600000.11 /SD 1"1483-00611-16-07/cbs/alt -30- basis as reasonably determined by the Board among the Owners whose Lots are benefited by such utilities as a Special Assessment. 7 .5 Reservation of Easement Over Lots. There is hereby reserved, for the benefit of Declarant, the Association, and their employees, agents and contractors, a nonexclusive easement for ingress, egress, construction, maintenance and repair purposes over each Lot, and any Building, facility or other Improvements located on such Lot, as may be reasonably necessary to inspect the Buildings or other structures or Improvements to insure compliance with the Architectural and Landscape Standards and to enjoy its rights as herein created and to discharge its obligation~ as described in this Declaration. 7.6 Drainage Easement. There is hereby reserved, for the benefit ofDeclarant and successor Owners, non-exclusive easements for surface drainage over the Property through the drainage patterns and systems as are established from time to time upon the Property. Nothing herein shall prevent an Owner of a Lot from relocating the drainage patterns established upon such Owner's Lot provided such relocation does not unreasonably interfere with the drainage of other Lots within the Property nor interfere with the.orderly discharge of water by means of same. 7. 7 Emergency Vehicle Access. There is hereby reserved, for the benefit of Declarant, the Association and all Owners, a non-exclusive easement for public emergency vehicles and personnel acting in a public emergency over all portions of each Owner's Lot designed for vehicular or pedestrian traffic. 7.8 Signage Easements. There is hereby reserved, for the benefit of Declarant and the Association, an exclusive easement for such signs as Declarant and/or the Association reasonably determine are necessary to identify the Property, direct traffic or provide information as to facilities of the Business Park, all in a location and of a size and type determined by Declarant or the Association; provided, however, to the extent practicable, such easements and signs shall not unreasonably interfere with the use and enjoyment by the Owners of their Lots and any Improvements located thereon. 7.9 Dominant and Servjent Estates. Each appurtenant easement reserved pursuant to the provisions hereof is expressly for the benefit of each Lot and the Lot so benefited shall be the dominant estate and the Lot upon which each such appurtenant easement is located shall be the servient estate; and each such easement shall run with the land and shall inure to the benefit of and be binding upon the successors and assigns ofDeclarant. ARTJCLE8 . FUNDS AND ASSESSMENTS 8.1 Creation of the Lien and Personal Obligation of Assessments. Declarant, for each Lot owned by it within the Property, covenants and agrees to pay, and each Owner by acceptance of a deed or other conveyance therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association, for each Lot owned, any and all Assessments levied against such Owner's Lot. Such Assessments are to be fixed, established and collected from time to time as provided in this Declaration. Any 600000.1 I/SD T841.3--006/J-16-07/cbs/slt -31- ----------·----~. -·- 12267 and all Assessments, together with interest, costs and attorneys' fees as provided in this Declaration, shall be: (a) a continuing lien upon the Lot against which each such Assessment is made, which lien shall be effective upon Recordation of a notice pursuant to Section 10.3; and also (b) the personal obligation of the Owner of such Lot at the time when the Assessment falls due. The personal obligation for any delinquent Assessments shall not pass to successors in tide of an Owner unless expressly assumed by such successors, but any lien created hereunder shall remain a charge against the Lot except as to bona fide purchasers or encumbrancers for value without notice as described in Section 13.10. If more than one person or entity is the Owner, the personal obligation to pay Assessments respecting such Owner's Lot shall be both joint and several. 8.2 No Exemptions. No Owner may exempt itselffrom payment of Assessments duly levied pursuant to this Declaration, or release the Lot owned by such Owner from the liens and charges thereof, by waiver of the use or enjoyment of, or abandonment of, such Lot or otherwise. 8.3 Purpose of Assessments. The Assessments levied by the Association shall be used for: (a) administering and enforcing this Declaration; (b) collecting and disbursing funds pursuant to this Declaration; (c) the improvement, repair, maintenance and reconstruction of the Common Areas and the Improvements and facilities located thereon; {d) to reimburse the Association for the costs incurred in bringing an Owner into compliance with the Project Documents; (e) to pay any other Common Expenses as defined in this Declaration; and/or (f) the furtherance of any other duty or power of the Association. 8.4 Regular Assessments. 8.4. 1 Establishment. A "Regular Assessment" means the amount which is to be paid by each Owner to the Association for Common Expenses. A.t least thirty (30) days prior to the date for commencement of Regular Assessments pursuant to Section 8.4.5, and at least thirty (30) days prior to each calendar year thereafter, the Board shall prepare or cause to be prepared and distribute to all Members of the Association a pro fonna operating budget ("Budget") for such first or successive calendar year setting forth the estimated revenue and expenses on an accrual basis. The Association shall deliver, together with the Budget: (a) notice of the Members' right to obtain copies of minutes of Board meetings, to the extent required under California Civil Code Section 1363.05; and (b) any other infonnation required to be delivered with the Budget pursuant to applicable provisions of the Davis-Stirling Common Interest Development Act. The Regular Assessments may include reasonable amounts as detennined by the Board to be r~quired as reserves for the future repair, improvement or replacement of Improvements located within the Common Areas or for any other purposes detennined by the Board in its good faith discretion. 8.4.2 Failure to Fix. The failure of the Board to timely fix the Regular Assessments under this Declaration shall not constitute a waiver by the Board of its rights under this Declaration to fix the Regular Assessments or a release of any Owner from the obligation to pay Assessments required by this Declaration, and the Regular Assessments for the prior calendar year shall be deemed the Regular Assessments for the new calendar year until such time as the Regular Assessments for such new calendar year are established. 600000.11/SD T8483-006/l -16-07/ebs/slt -32- 12268 8.4.3 Revised Regular Assessment. If the Board determines, in its sole and absolute, yet good faith discretion that the estimated Budget for the applicable calendar year is, or will become, insufficient to meet all Common Expenses , or that such Budget over-estimates Common Expenses, it may detennine the approximate amount of such variance, issue a supplemental estimated Budget, and determine the revised amount of the Regular . Assessments for each Owner and the date or dates payment on which such revised Regular Assessments are due. If, at the end of the calendar year, the Assessments collected exceed the Common Expenses, the Board may either return excess Assessments to the Owners on the same basis as such Assessments are paid or apply such excess towards the Assessments next becoming due until all such excess Assessments have been used for the payment of Common Expenses. 8.4.4 Allocation. An Owner's share of the Regular Assessments shall be calculated by a fraction, the numerator of which shall be the Net Acreage of such Owner's Lot, as adjusted pursuant to Section 3.3, and the denominator of which shall be the aggregate Net Acreage of all Lots included in the Property, as adjusted from time to time as a result of annexation pursuant to Article 12. 8.4.5 Commencement of Regular Assessments. Regular Assessments shall commence, as to all Lots within the Property initially subject to this Declaration, on the first (1st) day of the month following the conveyance of the first Lot by Declarant to an Owner other than Declarant; provided, however, that Declarant may, at its option, delay the start of Regular Assessments so long as Declarant performs all maintenance and other obligations of the Association at its sole cost and expense. Regular Assessments for any Annexed Property shall commence as provided in Section 12.2.2. The first Regular Assessments, for the Property or any Annexed Property, shall be adjusted according to the number of months remaining in the calendar year and shall be prorated for any partial month. 8.5 Special Assessments. 8.5.1 Tul2§. A "Special Assessment" shall include the following: (a) an Assessment against a particular Owner and such Owner's Lot, directly attributable to the Owner, to reimburse the Board and Association (i) for costs incurred in bringing the Owner and such Owner's Lot into compliance with the provisions of this Declaration, or (ii) to defray the costs of any extraordinary maintenance or repair to the Common Areas attributable to the excessive use of such Common Areas by the Owner or the Occupant of such Owner's Lot, including attorneys' fees, interest and other charges payable by such Owner pursuant to the provisions of this Declaration; or (iii) for costs incurred by Declarant or the Board in allocating Net Acreage after: (a) resubdivision pursuant to Section 3.3; and (b) an Assessment against each Owner and such Owner's Lot, representing a portion of the cost for the reconstruction of any capital improvements located within the Common Areas . . 8.5.2 Establishment. At least thirty (30) days prior to commencement of any Special Assessment, the Board shall deliver to each Owner written notice of the amount of the Special Assessment and the due date(s). 8.5.3 Allocation. The amount of any Special Assessment established pursuant to Section 8.5. I shall be detennined and allocated by the Board in its sole and absolute !500000.11/SD T848J-006/l-16-07/ebs/1lt -33- - 12269- yet good-faith discretion. Any Special Assessment pursuant to Section 8.5. I(b) shall be allocated among all Owners, with each Owner share determined by a proration, the numerator of ·· which shall be the Net Average of such Owner's Lot and the denominator of which shall be the Net Acreage of all Lots. 8.6 Certificate of Payment. The Board shall, upon written demand, furnish to any Owner liable for any Assessment, a certificate ("Certificate of Payment"), setting forth whether the Regular Assessments and Special Assessments on that Owner's Lot have been paid, and the amount of any delinquency. A reasonable charge may be required by the Board for issuance of a Certificate of Payment. The Certificate of Payment shall be conclusive evidence that any Assessment specified as having been paid has, in fact, been paid. · 8. 7 Due Dates· No Offsets. Regular Assessments shall be due and payable in equal monthly installments on the first business day of each month unless the Board adopts some other method for payment. Special Assessments shall be due and payable in such installments and on or before such due date(s) as the Board, in its sole discretion, shall designate in the Assessment notice. All Assessments shall be payable in the amount specified by the particular Assessment, and no effect or deduction against such amount shall be permitted for any reason, including, but not limited to, any claim that the Association is not properly exercising its duties on maintenance, operati~n or enforcement. 8.8 Delinquent Assessments: Liens. Assessments, including Assessments payable in installments, shall become delinquent if payment is not received by the Association within fifteen (I 5) days after the applicable due date. If any Assessment is not paid within_ thirty (30) days after the due date, the Association shall have the right to collect a late charge of Ten Dollars ($10.00) or ten percent (10%) of the delinquent amount, whichever is greater. A late charge may not be imposed more than once on any delinquent payment and shall not eliminate or supersede any charges imposed on prior delinquent payments. In addition, interest shall accrue on the delinquent amount as provided in Section 10.4. Any and all Assessments, together with interest thereon, late charges, reasonable attorneys' fees and court costs, and the other costs of collection, as provided in this Declaration, shall be a continuing lien upon the Lot against which such Assessment is made and may be enforced as permitted in Article 10. 8.9 · Deposit of Funds. The Assessments collected by the Association shall be properly deposited into two (2) separate accounts with a federally-insured bank or other institution whose deposits are insured by the federal government, as selected by the Board, which accounts shall be clearly designated as the Maintenance and Operation Account and the Reserve Account, respectively. Funds collected by the Association shall be deposited into the appropriate accounts and said accounts shall be separately maintained by the Association. In the event the Board retains a professional management agent, the Board may, to l;he extent pennitted by law, delegate the authority to deposit or withdraw funds to responsible representatives of the professional management agent so retained. Said professional management agent may additionally be authorized to establish a common trustee account for deposit of the Assessments as collected. 8. 10 Transfer of Lot. Upon the sale or transfer of any Lot by any Owner, the Owner's interest in the accounts referred to in Section 8.9 shall be deemed automatically l500000. I I /SD T8483.oo611-16-07/obs/alt .34. 12270 transferred to the successor Owner of such Lot. After the transfer of any Lot within the Property, the transferring Owner shall not be liable for any Assessments levied on such Lot after the date such transfer of ownership is Recorded and written notice of such transfer is delivered to the Board. The transfening Owner shall remain personally liable for all Assessments and charges levied on such Lot prior to any such transfer, unless such Assessments and charges are expressly assumed by the successor Owner and written evidence of such assignment is delivered to the Association. · ARTICLE9 OWNER'S INSURANCE 9. I Right and Duty of Owners to Insure. Each Owner shall maintain or cause to be maintained: (a) all risk property insurance for the Building(s) on such Owner's Lot; and (b) commercial general liability insurance for damage to persons or property occuning upon such Owner's Lot arising out of the use of such Owner's Lot, in an amount not less than One Million Dollars ($1,000,000), in the aggregate. The Board may modify or supplement the foregoing by establishing reasonable standards for the types of insurance coverage_ and liability limits applicable to all Owners, from time to time. 9.2 Notice of Expiration. Each policy of insurance required to be maintained or caused to be maintained by the Owners shall contmn a provision that it shall not be canceled or terminated without thirty (30) days prior written notice to the Association. 9.3 Destruction of Owner's Building or Other Structures. If any Building or other structure located on an Owner's Lot is destroyed by any casualty, the Owner of such Lot shall elect within ninety (90) days after the casualty, either: (a) to proceed, with commercially reasonable effort and diligence, to restore such Building or other structure at such Owner's sole cost, to its original condition, or such modified Improvements as the Owner may propose, subject to approval of the Architectural Committee pursuant to Article 4; or (b) not to restore, in which event the Owner shall promptly raze such damaged or destroyed Building or other structure and shall promptly grade, pave, and/or landscape the area on which such Building or other structure was located·in_a safe and sightly condition. ARTICLE 10 ENFORCEMENT I 0.1 Violation a Nuisance. The result of every act or omission whereby any provision of this Declaration is violated in whole or in part is hereby declared to be a nuisance, and every remedy allowed by law or equity against an Owner, Lessee or Occupant for nuisance, either public or private, shall be available to and may be exercised by Declarant, the Association, or any Owner. I 0.2 General Remedies. 10.2.1 Right to Enforce. The Declarant or the Association shall have the right to enforce, by all appropriate legal and equitable proceedings, all conditions, covenants, restrictions, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. It is hereby agreed that money damages are an inadequate remedy for breach of any 600000.11/SD 11483--006/1-1 ~7/cbs/sk -35- --.. , 12271 of the conditions, covenants and restrictions contained herein, other than a default in the payment of any Assessment when due. Every Owner, Lessee and Occupant of a Lot subject to these restrictions expressly waives the benefit of California Code of Civil Procedure Section 73 la and any other comparable statute or rule, and agrees that such violation or breach may be enjoined whether or not monetary damages may be provided or provable. Prior to commencing litigation, the applicable requirements of the Davis-Stirling Common Interest Development Act relating to alternative dispute resolution shall be satisfied. 10.2.2 Inspection; Abatement by Declarant, Association. During reasonable hours, Declarant or the Association, or their duly authorized agents, shall have the right to enter upon and inspect ariy Lot and the Improvements located thereon for the purpose of ascertaining whether or not the provisions of this Declaration have been or are being complied with, and shall not be deemed guilty of trespass by reason of such entry. Declarant shall give at least twenty-four (24) hours prior notice of such entry (except in the case of an emergency, when no advance notice shall be required), unless the party in possession consents at the time of entry. Declarant and/or the Association or their duly authorized agents shall have the right, upon violation or breach of any restriction set forth herein which affects the Common Areas, if such violation or breach continues for a period of thirty (30) days after written notice thereof, to enter upon such Common Areas, and summarily to take such action as may be necessary to correct such violation or breach, at the expense of the Owner, Lessee or Occupant causing the violation or breach. Declarant and/or the Association, or their duly authorized agents, shall have the additional right, at any time and from time to time following violation or breach of this Declaration, to prosecute a proceeding at law or in equity against the Person or Persons who have violated or are attempting to violate any of the provisions of this Declaration, to enjoin or prevent them from doing so, to cause said violation to be remedied, and to recover damages for said violation. · 10.2.3 Owner's Remedies. After written request to the Association to prevent any violation of this Declaration, and failure to act by Declarant or the Association within fifteen (15) days after receipt of such request, any Owner shall additionally have all enforcement rights provided for in this Declaration. In addition, any other party to whose benefit this Declaration inures shall have the right, in the event of violation or ~reach of this Declaration, to prosecute a proceeding at law or in equity against the Person or Persons who have violated or are attempting to violate this Declaration, to enjoin or prevent them from doing so, to cause said violation to be remedied and to recover damages for said violation. I 0.3 Collection of Assessments: Liens. IO .3. 1 Right to Enforce. The right to collect and enforce Assessments is vested in the Board acting for and on behalf of the Association. The Board or its authorized representative, can enforce the obligations of the Owners to pay Assessments provided for in this Declaration by commencement and maintenance of a suit at law or in equity, or the Board may perfect a lien as described in Section 10.3.2 and foreclose such lien by judicial proceedings or through the exercise of the power of sale as described in Section 10.3.3. Suit. to recover a money judgment for unpaid Assessments may be maintained without foreclosing or waiving the lien rights. 600000.11/SD T8483-006/l-16.07/obl/slt -36- 12272 10.3.2 Creation ofLjen. ff there is a failure to pay any Assessment within thirty (30) days after the due date, the delinquent amounts, together with late charges, interest, costs and attorneys' fees incurred by the Board or its authorized representatives in the collection of said delinquent amounts, shall be a lien against such Lot upon the Recordation of a notice of delinquent assessment as provided in California Civil Code Section 1367. The notice of delinquent assessment shall not be Recorded unless: (a) the Board or its authorized representative has delivered to the delinquent Owner(s), at least fifteen (15) days prior to Recordation of the notice, a written notice of default and demand for payment; and (b) the delinquency has not been cured within said 15-day period. 10.3.3 Notice of Default: Foreclosure. After at least fifteen (15) days after Recordation of the notice of delinquent assessment, the Board or its authorized representative may Record a notice of default and can cause the Lot, with respect to which a notice of default has been Recorded, to be sold in the same manner as a sale is conducted under California Civil Code Sections 2924, 2924b and 2924c applicable to the exercise of powers of sale in deeds of trust, or through judicial foreclosure, or in any other manner permitted by law. However, as a condition precedent to the holding of any such sale under Section ·2924c, appropriate publication shall be made. In connection with any sale under Section 2924c, the Board is authorized to appoint its attorney, any officer or director, or any title insurance company authorized to do business in California as trustee for purposes of conducting the sale. If a delinquency is cured before sale, or before completing a judicial foreclosure, the Board or its authorized representative shall cause to be Recorded a certificate setting forth the satisfaction of such claim and release of such lien upon payment of actual expenses incurred, including reasonable attorneys' fees by the delinquent Owner. The Association, acting on behalf of the Owners; shall have the power to bid upon the Lot at the foreclosure sale and to acquire, hold, lease, Mortgage and convey the Lot. Io .3 .4 Subordination of the Lien to First Mortgages. The lien of any Assessment shall be subordinate and subject only to the lien of any First Mortgage now or hereafter placed upon any Lot subject to assessment which has been made in good faith and for value and Recorded prior to the Recordation of any such assessed lien, and the sale or transfer of any Lot pursuant to judicial or non-judicial foreclosure of such a prior First Mortgage shall extinguish the lien of such Assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from lien rights for any Assessments thereafter becoming due nor from the lien of any subsequent Assessment. Where the First Mortgagee or other purchaser of a Lot obtains title to the same as a result of forecJosure, such purchaser and his successors or assigns shall not be liable for Assessments chargeable to such Lot which became due prior to the acquisition of title to such Lot by such purchaser. I 0.4 Interest. All Assessments and other monetary amounts which are not paid when due hereunder shall bear interest at the rate of twelve percent (12%) per annum, commencing thirty (30) days after the assessment or other monetary amount becomes due until paid in full. I 0.5 Attorneys' Fees. In the event any legal or equitable proceeding is commenced to enforce or to restrain the violation of this Declaration or any restrictions or 600000.11/SD T1483-00611-J6.o7/obs/1l1 -37- -.. 12273 provision hereof, the losing party shall pay the attorneys' fees and court costs of the prevailing party in such amount as may be fixed by the arbitrator or the court in such proceedings. IQ.6 Cumulative Remedies; No Waiver. The remedies herein provided to enforce this Declaration shall be cumulative, and no such remedy is exclusive. No delay or failure by Declarant, the Board, Association or any Owner to exercise any such remedy shall, under any circumstance, constitute a waiver of the right to enforce such covenant thereafter. 10. 7 Effect of Foreclosure. If any Lot subject to a lien created by any provision hereof shall also be subject to the lien of a bona fide Mortgage: (a) the foreclosure of any lien created hereunder shall not operate to affect or impair the lien of such Mortgage; and (b) the foreclosure of the lien of such Mortgage, the acceptance of a deed in lieu of foreclosure of such Mortgage or a sale under a power of sale included in such Mortgage (such events being hereinafter referred to as "Events of Foreclosure") shall not operate to affect or impair the lien hereof, except that any person (including the Mortgagee) who obtains an interest through any of the Events of Foreclosure, and his successors in interest, shall take title free of the lien and personal obligation for such charges as shall have accrued up.to the time of the applicable Event of Foreclosure; provided however, the Lot(s) affected by the Event of Foreclosure subject to the lien hereof and the person taking title to the Lot(s) shall be personally liable for all charges hereunder that shall accrue during such Person's ownership of any Lot commencing with the applicable Event of Foreclosure. Nothing in this Section shall be construed to release any Owner from his personal obligation to pay any Asse_ssment levied pursuant to this Declaration. ARTICLE 11 TERM; AMENDMENTS 11. I Tenn. The covenants, conditions and restriction~ of this Declaration shall run with and bind the Property and shall inure to the benefit of the individual Owner of the Property and shall be enforceable for a term commencing on the date hereof and continuing for thirty (30) years thereafter; provided, however, the term of this Declaration shall automatically and without further notice continue in full force and effect for successive terms of ten (I 0) years each unless, within one (I) year prior to the expiration of such thirty (30)-year term or any such ten (10)-year extension, there shall be Recorded an instrument conforming to the provisions of Section 11.2 below, and consented to in writing by the City, terminating this Declaration. 11.2 Amendments. Prior to first sale of a Lot to an Owner other than Declarant, Declarant shail have the right to amend this Declaration by Recordation of an amendment executed by Declarant, subject to the rights of the City pursuant to Section 6.6. After such first sale, this Declaration may be amended, subject to the rights of the City pursuant to Section 6.6, by Recordation of an amendment approved by the affirmative vote (in person or by proxy) or written consent of: .(a) the Owners (including Declarant) of more than fifty percent (50%) of the Net Acreage of all Lots within the Property; (b) Declarant, until such time as all of the Annexation Property has been annexed to this Declaration pursuant to Article 12; and (c) a majority vote of the First Mortgagees of more than fifty percent (50%) of the Net Acreage of all Lots within the Property; provided, however, that solely for purposes of this Section 11.2, the term "First Mortgagees" shall be deemed to include only those First Mortgagees who have delivered a written notice to the Association via certified mail stating that such Mortgagee is the 600000.11/SD T8483-006/l•l6-07/ebs/slt -38- holder of a First Mortgage a Mortgage that has priority over any other Mortgage encumbering the Lot Any First Mortgagee who receives a written request to consent to additions or amendments to this Declaration which require consent under this Section 11.2' and who does not deliver a negative response to the Association within thirty (30) days after such receipt shall be deemed to have consented to such request. An amendment shall be effective after written certification of the approval by the requisite percentage of Owners and First Mortgagees has been executed and acknowledged by a duly authorized officer of the Association, and Recorded. If any Mortgagees have filed a written request with the Association to receive a copy of such amendments, the Association shall deliver a copy of such amendments to such Mortgagees at the address specified in their request. Notwithstanding anything to the contrary set forth above, no amendment to or modification of this Declaration which materially affects the public interest shall be effective unless consented to in writing by the City prior to Recordation of the amendment. ARTICLE 12 ANNEXATION OF ADDITIONAL PROPERTY 12.1 Right to Annex. The real property described in Exhibit A is hereby made subject to this Declaration and constitutes.the initial Property. Declarant shall have the right, but shall not be obligated, to annex to this Declaration and the Property all or any portion of the Annexation Property. Such annexation of additional property shall be effective, without the approval, consent or vote of the Owners, or the Association, upon the Recordation of a Declaration of Annexation, in accordance with Section 12.3. The Property constitutes the first phase of development of the Business Park pursuant to the Specific Plan. The Specific Plan requires the annexation of subsequent phases of the Business Park as such phases are developed. Declarant intends to annex each subsequent phase prior to or concurrently with Recordation of a Final Map (based on the Tentative Map) for such phase. 12.2 Effect of Annexation. Upon Recordation of a Declaration of Annexation, the Annexed Property described therein will be subject to the provisions of this Declaration and to the jurisdiction of the Board in the same manner as if it were part of the Property described in Exhibit A which is initially subject hereto, except as specifically modified or amended in accordance with Section 12.2.3. 12.2. I Rights of Owners. The rights, powers and responsibilities of Declarant and Owners, Lessees and Occupants of Lots within the Annexed Property shall be the same as in the case of the Property initially subject hereto, except as specifically modified or amended in accordance with Section 12.2.3. All Owners of Property subject to this Declaration shall have the non-exclusive easements granted to all Owners over designated Common Areas pursuant to Section 7.1, including designated Common· Areas described in the Declaration of Annexation. 12.2.2 Assessments. After each annexation, the Annexed Property shall be subject to Asse~sments on the same basis as other Property subject to this Declaration. The Net Acreage of each Lot included in the Annexed Property shall be determined by Declarant and its engineer and set forth in the Declaration of Annexation, which determination shall be conclusive except in the case of a resubdivision as described in Section 3.3. Regular 600000.11/SD T8483~-I 6-07/cbs/slt -39- _12275 Assessments with respect to each Annexed Property shall commence on the first (1st) day of the calendar month following recordation of a Declaration of Annexation app_licable to such Annexed Property; provided, however, that Declarant may, at its option, delay the start of Regular Assessments so long as Declarant maintains all Common Areas added by such Declaration of Annexation. 12.2.3 Sui;2plemental Restrictions. A Declaration of Annexation may specify such modifications of and complementary additions to the covenants, conditions and restrictions contained in this Declaration, as Declarant, in its discretion, shall specify as affecting the Annexed Property to reflect the different use, development or character, if any, of the Annexed Property described therein; provided, however, that no Declaration of Annexation shall undermine the general plan of this Declaration. 12.3 Declarations of Annexation. Any annexation pursuant to this Article 12 shall be effective upon the Recordation of a written instrument executed and acknowledged by Declarant ("Declaration of Annexation"). The Declaration of Annexation shall extend the plan of this Declaration to the Annexed Property and shall include: (a) A legal description of the Annexed Property; (b) A reference to this Declaration stating the date of Recordation and the page/file number of the Official Records of San Diego County, California where this Declaration is recorded; (c) A statement that the Annexed Property is annexed pursuant to and subject to the provision of this Declaration; (d) Such additions or modifications to the covenants, conditions and restrictions contained in this Declaration as Declarant shall specify as applicable to the Annexed Property, pursuant to Section 12.2.3; (e) A designation of all Common Areas within or associated with the Annexed Property; (f) An exhibit identifying the Net Acreage of each Lot included in the Annexed Property; and (g) Any Final Map which applies to the Annexed Property. ARTICLE 13 GENERAL PROVISIONS 13. I Assignment of Declarant's Rights and Duties. The rights; powers and reservations of Declarant set forth herein may be assigned, in whole or in part, to any Person, provided such assignee agrees in writing to accept such assignment and to assume the duties of Declarant pertaining thereto. An assignee may succeed to all of the rights, powers and reservations of Declarant, as a successor Declarant, provided: (a) such assignee holds or acquires record title to all or any portion of the Property; and (b) Declarant (or a successor 600000.11 /SD T848]-006/1.]6.07/cbs/1lt -40. 12276 Declarant) and such assignee execute and Record a document which expressly names such party as successor Declarant and includes an assignment of the rights and an assumption by the Assignee of the duties ofDecJarant hereunder. Notwithstanding any provision of this Declaration to the contrary, Declarant may, at any time, relieve itself of its rights and obligations under this Declaration by Recording a notice stating that Declarant has surrendered said rights and obligations; and, upon Recordation of such notice, even ifit is not specified therein, said powers and obligations shall immediately vest in the Association. If at any time Declarant ceases to exist and has not made such an assignment, the rights and obligations of Declarant shall automatically vest 1n the Association. 13 .2 Common Interest Subdjvision. It is intended that the Davis-Stirling Common Interest Development Act apply to this Declaration and the Business Park to the extent required by law. To the extent California Civil Code Section 1351 ~-is applicable, the Business Park shall be a planned development type of common interest subdivision. 13.3 Constructive Notice and Acceptance. Each Owner, Lessee and Occupant, and every other person who now or hereafter owns or acquires any right, title, estate or interest in or to any portion of the Property, by acceptance of a deed, lease or other interest therein, shall be conclusively deemed to have consented and agreed to hold such title, leasehold or interest subject to and to comply with every covenant, condition and restriction contained herein and to the rights ofDecJarant hereunder, whether or not any reference to this Declaration is contained in the deed, lease or other instrument by which such person acquired said interest in the Property. Every provision of this Declaration, regardless of its characterization herein, shall be deemed a covenant, condition, restriction, reservation, easement or servitude, as the circumstances may require to pennit the enforcement thereof and to carry out the intent of this Declaration. l 3 .4 Counterparts. This Declaration may be executed in any number of counterparts, each of which shall be deemed an original, but all such counterparts together shall constitute one agreement. l 3 .5 Declarant's Reserved Rights. Wherever it appears in this Declaration that the Declarant has the right to waive compliance with certain provisions, the right to approve or. deny certain matters or the right to exercise its discretion in various areas, these rights of the Declarant are expressly reserved or retained by the Declarant, and all of the provisions of this Declaration are subject to such retained and reserved rights. Nothing in this Declaration shall limit the right of Declarant to alter the Lots owned by Declarant, or to construct such additional Improvements as Declarant deems necessary or advisable. Such right shall include but shall not be limited to erecting, constructing and maintaining on the Property such structures and displays as may be reasonably necessary for the conduct of the business of completing all Improvements required by the Specific Plan and the City, and all Lots owned by Declarant and disposing of the same by sale, lease or otherwise. This Declaration shall not limit the right ofDeclarant at any time to establish on the Property additional licenses, reservations and rights-of-way to itself, to utility companies, or to others as may from time to time be reasonably necessary for the proper development and disposal of the Property, provided that no such additional licenses, reservations or rights-of-way shall unreasonably interfere with the use and enjoyment of any Owner's Lot. Declarant reserves the right to alter its construction plans and designs as it deems appropriate in its discretion. · 600000.11/SD l1483.00611-16-071ebs/slt -41- 13.6 Dedications. The provisions of this Agreement shall not be deemed to constitute a dedication for public use nor create any rights to the general public. 13. 7 Exhibits. All exhibits referred to herein are attached hereto and incorporated by reference. 13 .8 Governing Law. This Declaration shall be governed, construed and enforced in accordance with the laws of the State of California. 13.9 Headings. The captions and paragraph headings used in this Declaration are inserted for convenience of reference only and are not intended to define, limit or affect the interpretation or construction of any provision hereof. 13. IO Mortgage Protection. No breach of this Declaration shall defeat or render invalid the lien of any Mortgage now or hereafter executed upon any part of the Business Park except as provided in Section I 0.3 above. However, if any portion of the Property is sold under a foreclosure of any Mortgage or is conveyed in lieu of foreclosure, any purchaser at such sale, and his successors and assigns, shall hold any and all property so acquired subject to all of the restrictions and other provisions of this Declaration. Such a purchaser shall not be obligated to cure any preexisting breach of this Declaration which is non-curable by payment of money or of a type which is not practical or feasible to cure. Any loan to facilitate the resale of any portion of the Property after a foreclosure sale or deed in lieu of foreclosure is a loan made in good faith and for value. If a Mortgagee delivers written notice of its Mortgage to the Board together with a request for notices of default with respect to the Lot or Lots encumbered by the Mortgage, the Association shall deliver copies of all such notices of default concurrently with delivery to the Owner or Owners, and such Mortgagee shall be permitted to cure any default of the Owner of any Lot or Lots encumbered by the Mortgagee within the time period for cure provided to the Owner under the terms of this Declaration. 13.11 Mutuality, Reciprocity: Runs With Land. All covenants, conditions, restrictions, reservations, easements and servitudes contained herein are made for the direct, mutual and reciprocal benefit of each and every portion of the Property; shall create mutual, equitable servitudes upon each Lot in favor of every other Lot; shall create reciprocal rights and obligations between the respective Owners of any portion of the Property, their heirs, successors, and assigns; and shall, as to the Owner of each Lot, his heirs, successors and assigns, operate as covenants run!ling with the land, for the benefit of all other Lots. 13.12 Notices. (a) Notice to the Association, the Board or Architectural Committee shall be deemed to have been properly delivered when delivered personally or sent by certified mail, postage prepaid, return receipt requested to the appropriate person at the following address: Association: Techbilt Construction Corp. 3575 Kenyon Street, Suite 200 San Diego, California 92110 Attention: Mr. Ted Tchang 600000. 1 1/SD Tll483-00611-31-07/ebs/slt -42- Architectural Committee: (iffonned) Techbilt Construction Corp. 3S7S Kenyon Street 1 ~ .. l'n!, -Z.oc) San Diego, California 921 IO Attention: Mr. Ted Tchang 122'18 or as changed by notice properly delivered in accordance with this Section. (b) Notice to an Owner or a Mortgagee shall be deemed to have been properly delivered when delivered personally or placed in the first class United States mail, postage prepaid to the most recent address furnished by such Owner or Mortgagee in writing to the Association for the purpose of giving notice, or if no such address shall have been furnished, then to the street address of such Owner's Lot. Any notice so deposited in the mail within the County in which the Property is located, shall be deemed delivered forty-eight (48) hours after such deposit. 13.13 Notification of Sale. Concurrently with the consummation of a sale or transfer of any Lot or portion thereof whereby the transferee becomes a Record title owner, or within five (5) business days thereafter, the transferee shall notify the Board of such sale in writing. Such notification shall set forth the name of the transferee and the transferor, the location of the Lot, the nature of the interest transferred, the transferee's mailing address, and the date of sale. Prior to receipt of such notification, any and all communications required or permitted to be given by the Board or the Association shall be deemed to be duly given to the transferee if duly and timely given to said transferee's transferor. 13.14 Severabiljty. If any provision of this Declaration, or the application thereof to any Person or any circumstance, shall be held by a court of competent jurisdiction to be invalid, void or illegal, the remaining provisions hereof and the application of such provision to any Person and any circumstance other than those as to which it is held to be invalid, void or illegal, shall nevertheless remain in full force and effect to the maximum extent permitted by law and not be affected thereby. IN WITNESS WHEREOF, Declarant has executed this Declaration on the date first herein above written. Declarant: 600000. I I/SD T8413--006/l-16-M/ebs/slt ------------·----. TECHBIL T CONSTRUCTION CORP., a CaJifomia co -43- -------------······-·--·-••" 12279 ST A TE OF Ca1ifornia ) ) ss .. COUNTYOF_sa_n_D_i_eg_o ___ _,) On January 17. 2007 before me, Paula Barmer a Notary Public in and for said state, personally appeared PanJ K tcbeng ff personally known to me ( or proved to me on the basis of -------------satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they. executed the same in their authorized capacities, and that by their signatures on the instrument, the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESSmyhandandofficial~~ . , . ~ ~~~-Notary Public in and~r~ Stat 600000.11/SD 111483-006/1-16-07/cba/slt -44- REC'D .JAN 1 7 2007 LENDER'S CONSENT 12280 The undersigned, City National Banlc ("Lender"), beneficiary under that certain · Deed of Trust recorded April 21, 2005, as Instrument No. 2005-0331210 of the Official Records of San Diego County, California ("Deed of Trust"), hereby consents to the within Declaration of Covenants, Conditions and Restrictions for Carlsbad Oaks North Business Park, and hereby subordinates the lien of said Deed of Trust to the provisions contained herein. Notwithstanding anything to the contrary contained in the Declaration, the Declaration shall not be amended without the prior written consent of Lender so long as the Property is encumbered by the Deed of Trust referred to above. Dated this J.kn.. day of-::J;i.NyA,f ~ , ;l.. ~ 7. 600000.11/SD T84!J-006/I-IS-07/eb&lslt 45- -..... 12281 STATE OF ~~ ) I ~ ) ss. COUNTY OF W$ ~ On l :Joo1 before me, ~.1;:.h l . ~ Notary Public in onally appeared Fl vw, L &\. 1HatH1t1d~----- ------------' personally known to me (er pra¥ed \9 me 9R the basis of ~to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the persons, or the entity upon behalf of which the persons acted, executed the instrument. 600000.11/SD TB483-006/I-I S-07/ebslslt -44- . ---·---------------------- EXHIRITA LEGAL DESCRIPTION OF PROPERTY LOTS: Lots 1 through 8 inclusive of Carlsbad Tract No. CT 97-13-J,, in the City of Carlsbad, County of San Diego, State of California according to Map thereof No. 14926, recorded in the Official Records of San Diego County, California on December 15, 2004, as document no.2004-1180065. Lots 13 through 19 inclusive of Carlsbad Tract No. 97-13-2, in the City of Carlsbad, County of San Diego, State of California according to Map thereof No. J 5505, recorded in the Office of the County Recorder of San Diego County, California on January 23, 2007, as document no. 2007-0047589. COMMON AREA LOT: Lot 9 of Carlsbad Tract No. CT 97-13-1, in the City of Carlsbad, County of San Diego, State of California according to Map thereof No. 14926, recorded in the Office of the County Recorder of San Diego County, California on December 15, 2004, as document no. 2004-1180065. 600000.11/SD 1'1483-006/1-24-07/ebs/sll -1- 12282 -------------·--··--··-·-•-·--·---· ·• ... fiXHJBITB MAP QF TENTATIVE MAP PROPERTY ® '-, ,, -----~ SPAfE .---.... .... , .. .. ,. LOT $UMAIAR';' Noris· . . .. .. ' A. SETBACKS AR£ BAS£D ON THE: CARLSBAD GMKS NORTH Bt/SIN£SS PARK SPCCIF'IC PLAN: i. 50 RXJT F1iONT YAHO AND SIDE S1REFt YMl:i SETB4Ck AL.ONC SECONDARY ARTFRIAJ. ST'Ht:ETS .. {FMfDfr Al£. ,t El. RJEHT£), 2: .J5 f'OOT FRONT YARD AND SID£ STR£ET YARli SETBA(;i( . ALONG INDUSTRIAL. STHmS {STHCETS :.t; :9; t'; ,t V1 D'C£P1" LOTS 15, 16, 18-21, AND 27 WHICH Hill£ 25 f'OOT STREET rARtJ S£TBACKS. . J. 10 FOOT SIOE rARtJ {INTE1il()H) SETB4CK. "-20 /:rJOf R£AH YARD SETBACK. 12283 NO SCALE s: S£TBACK AREAS AR£ TH£ SI.OPE AR£AS. WITHIN mE stTilAcks. . . . im-=:=005~ ....... ....,,-----......:=SH~!!o.!.-..!-:ia.....l!::..I C. NU AR£A IS £0U4l TO PAD AHEA Pt.llS S£11JACl(AR£A. ~-· ~ D. DO£S NOT INClUD£ FIRE $UPPRESSION ZONE. ; ~ CARLSBAD OAKS NORTH 9=== ¥..!.! BUSINESS PARK -=.-: 5=- <C>2000 o• · Coi19uttonta, inc. 600000.11/SD T8413.()C)6.II. 16-07/obo/sll EX1-118IT 8 -1- - ,__,_ .. ..... , ............. _ 12284 EXHIBIJC MAPOFJNITIALCQMMONAREAS Carlsbad Oaks North Business Park Association maintained Common Areas FRONT YARD AND SLOPE COMMON AREA LANDSCAPING I) Along Whi ptail Loop, Caribou Court, Gazelle Court: Landscaped area from face of curb to 35 feet back OR: • At up slope areas facing street: From face of curb to top of slope. • At down slope areas facing away from street, from face of curb to IO feet back. 2) Along Faraday Ave.: •From edge of right of way (10 feet back from face of curb) to 50 feet back OR: • At upslope areas facing street: From edge of right of way (IO feet from face of curb) to top of slope. · 3) Along El Fuerte St. • From edge of right of way (JO feet back from face of curb) to 50 feet back OR: •At upslope areas facing street: From edge of right of way (JO feet from face of curb) to top of slope. , NPDES WATER QUALITY BASINS 4) Three water quality/pollution prevention basins. Two basins are adjacent to the south side of Faraday Ave. east of El Fuerte St. and one basin is adjacent to El Fuerte St. south of the passive park area. .The Association's maintenance obligation for any water quality/pollution prevention basin shall cease if the City of Carlsbad assumes maintenance responsibilities. PASSIVE PARK AREAS 5) Passive parks at Lot 9 adjacent to sewer pump station and at Lot 12 adjacent to Faraday Ave. and Lot I. ENTRY MONUMENTS 6) Entry Monuments at l)EI Fuerte St. north of Loker Ave. East, 2) Faraday Ave. at southwest project boundary on Lot 2, 3) Faraday Ave. at eastern project boundary on Lot 8 600000.1 I/SD T8483--006/I •24-07/ebs/1h EXHIBIT C -1 • ,,.. "EXHIBIT C," \----@-. -------------, OPEN SPACE ,..~> -t --,-,-... -...,. -~ I ~ .. ~ ~~ ~- PA-.,-S ~=i;..!f,?-f.) GARll!OJ GT. 6.-ZELLE GT. I ~PWNT 't'~ ,._..i:, !:>LQf'f:!> \ NP::>E!> l'<ATER GUA.l.lT't' BASINS 0 !"AS!>IVE PA-Aqv.e, 0 MIMAFt"r" ENTRY' MOl'«Jt-'EN,-S. No-re, ~Xt-llBIT t)c,e:!t NOT INGLUDE ,.._,REAS Rf:Gl.llR.ING, TeMPORA.RY /9,T ,._,BLISH!"leNT MA1NTENANGE: ~ ----; ASSOCIATION MAINTAINED COMMON AREAS CARLSBAD OAKS NORTH BUSINESS PARK 0 'ii.G07ii-"f-,.v~. --------- \ G OPEN SPACE I --~,,~ tifj7 ~ ... ~ 1" 00 C11 -----= ASIOQlrtS== ~~ ~~-~ "'-=----- .. , ) ; ' ;- ""'·· 12286 EXB1BITD NET ACREAGE SCHEDULE Net acreage is ·defined as the pad area, City required setback, and any driveways in excess of the 600000.11/SD T8483-00611-3 ! .07/el>s/slt ------------· .. · setbacks 2 3 4 5 6 7 8 Net Acreage 6.0 7.5 4.6 4.3 4.2 9.3 6.0 11.3 * As shown on Final Map No. 14926. ~ 13 14 15 16 17 18 19 * As shown on Final Map No. 15505. EXHIBITD -1- Net Acreage l l.8 10.4 4.0 3.9 1.5 '4.9 4.0 • 12287 EXHJBITE INVASIVE PLANT LIST Carlsbad Hydrologic Unit Invasive Species List (as of February, 2006), which is subject to further revision from time to time. Acacia species Agrostis avonacea Agristis stolonifera Ailanthus altissima Anagallis arvensis Aptenia cordifolia Asparagus asparagoides Atriplex semibaccala Arundo donax Brassies nigra Carprobrotus edulis Carprobrotus chilensis Centarea solstitialis Cirsium vulgare Cortaderia jubata Cortaderia selloana Cynara cardunculus Cynodon dactylon Cyperus involucratus Cytisus striatus Delairea odorata Eucalyptus globules and other species Foenictilum volgare Genistamon spessulana Hedera helix Hedera canariensis Lepidium latifolium Lonicera japonica Myoporum laetum Nictiana giauca Pennisetum clandestinum I 600000.11/SD TB483-006/1-16.07/cbs/sll Acacia, wattle, etc Pacific bent grass Pacific bent grass Tree of Heaven Scarlet pinpernel Red apple ice plant Asparagus fern Australian salt bush Giant reed Black mustard Ice Plant Ice Plant Yellow star thistle Bull thistle Andean pampas grass Pampas grass Artichoke thistle Bermuda grass African umbrella plant Broom Cape Ivy Eucalyptus, gum tree, etc. Fennel Broom English Ivy Algerian Ivy Perennial pepper weed Japanese honeysuckle Myoporum Tree tobacco Kikuyo grass F.Xl-11131T E -1- ·----------~--·---, Pennisetum setacaum Polypogon monspeliensis Pueraia montana Retama monosperma Ricinis communalis Schinus molle Schinus terebinthifolius Spartinum junceum Tamarix species Vinca major Washingtonia fillerifa Washintonia robusta Xanthium strurnarium I 600000.11 /SD T8483.()06/J-16-07/ebs/slt ~ ... 12288 Fountain grass Annual bear grass/rabbit's foot Kudzu Broom Castor bean Peruvian or California pepper Brazilian pepper Broom Tamarisk, salt cedar · Vinca, Perriwinkle California fan palm Mexican fan palm Cocklebur EXHIBIT E -2- • w