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Home My WebLink AboutMP 177H; AVIARA; Master Plan (MP)I -. CITY OF CARLSBAD LAND USE REVIEW APPLICATION FOR PAGE 1. OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT (FOLDEPT USE ONLY) USE ONLY) ICE Master Plan Amendment 0 Specific Plan 0 Precise Development Plan I 0 Tentative Tract Map' I 0 Planned Development Permit I 0 Non-Residendal Planned Development o Condominium Permit o Special Use Permit 0 Redevelopment Permit 0 Tentadve Parcel Map 0 Administrative Variance (7 7( o General Plan Amendment o Local Coastal Plan Amendment Q Site Development Plan O Zone Change O Conditional. Use Permit Hillside Development Permit Environmental Impact Assessment Variance Planned Industrial Permit Coastal Development Permit Planning Commission Determination 0 List any other applications not speci1ced 2) LOCATION OF PROJECT. ON THE I South SIDE OF I Alga Road - (NORTH, SOUTH EAST, WEST) (NAME OF STREET) BETWEEN Ambrosia J AND FBatiguitos Drive I (NAME OF STREET) (NAME OF STREET) I 3) BRIEF LEGAL DESCRIPTION: 4) ASSESSOR PARCEL NO(S). 1215-592-12-15 5) LOCAL FACILITIES I 19 I 6) EICISTING GENERAL PLAN I1 PROPOSED GENERAL PLAN f MANAGEMENT ZONE DESIGNATION N. OS DEIGNAT1ON. 8) EXISTING ZONING J PC j 9) PROPOSED ZONING I Same 110) GROSS SiTE 1i4. Sli. ACREAGE 11) PROPOSED NUMBER OF RESIDENTIAL UNITS NA I I 12) PROPOSED NUMBER OF LOTS N J 13) TYPE OF SUBDIVISION J _ (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS f NA IS) PROPOSED INDUSTRIAL 116) PROPOSED COMMERCIAL NA . OFFICE/SQUARE FOOTAGE . SQUARE FOOTAGE NO m "k-woroisov,.. FRM00016 8/3 CITY OF CARLSBAD .AND USE REVIEW APPLICATION FORM Ask 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE I I 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS I NA I 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC NA 20) PROJECT NAME I Aviara PAGE 20F2 11 21) BRIEF DESCRIPTION OF PROJECT: Alga Road and Batiqutos Drive 22) IN THE paq S APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING ['REVIEW BOARD MEMBERS, OR CCI? COUNCIL MEMBERS TO [NSPECr AND ENTER THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE General Manager 23) OWNER 24) APPLICANT NAME (PRINT OR TYPE) NAME (PRINT OR TYPE) AVIAR& LAND ASSOCIATES LIMITED PARTNERSHIP AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP MAILING ADDRESS MAILING ADDRESS 2011Ialomar Airport Road #206 2011 Palomar Airport Road #206 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Carlsbad, CA 92009 931-1190 Carlsbad, CA 92009 931-1190 ERflTY THAT t AM THE LECAL OWNER I CERWY11!AT THE =AL OWNER'S REIRMENTATME AND A40 THAT E ABOVE!NVORMATON -.. THAT ALL OQORMA1OH IS TRUE M4 ro i IS TRUE 10 ThE sr OF . BEST OF E. M?KNO E A DATE A DATE ******** J7**** TIVIMSMIT FOR CITY USE ONLY General Manager . General Manager FEE COMPUTATION: APPLICATION TYPE PEE REQUIRED / JOU 221992 _ CITY OF CALA •R7IY :.. TOTAL FEE REQUIRED I f 5-Soot) I DATE FEE PAID ( RECEIPT NO. 3 273 S H Ii City of Carl-s-b-'ad DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF 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. (Please Print) The following information must be disclosed: Applicant List the names and addresses of all persons having a financial-interest in the application. Aviara Land Associates Limited Partnership lUll Palomar Airport Rd. Suite ZOO !'W3bAI1I1! 2. Owner LIst the names and addresses of all persons having Aviara Land Compaiiy q Thlw are corporation 450 Newport' Center Drive Rilite 3 04 Newportl3eàcit, '-A-' 92660 any ownership interest in the property involved. Renublic Development Co.. a California' corporatiôm' 180 N. Rivervi-ew Drive Siiit 1fl Anaheim, CA -928-08' 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names - anc addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 1-henry i-Ti11 man 490 Newport renter Thrive- Suite 304 Newport Beach, CA 92660 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names anc addresas any, person serving as officer or director of the non-profit organization or as trustee - or beneficiary of the trust" N/A ' FRM00013 8/90 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 iet) Disclosure Statement Page 2 5. Have you had more than S250 worth of business transacted with any member of City staff, Boards Commissions, C9R'r1ittees and Council within the past twelve months? Yes - No jg If yes, please indicate person(s) Person is defined as: 'Any individual, firm, copartnership, loint venture, association, social club, fraternal or;anizatjon, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as a unit.' (NOTE: Attach additional pages as necessary.) Owner: Aviara Land Associates Limited Partnership, a Delaware limited partnership BY: _Ara LandfCohpany, a Delaware coroo (General Partner By: L-'/\ D. L. Clemens/Vice President By:'_) 4L. //iv Ted L. Hoover/Assistant Secretary Date: Applicant: Aviara Land Associates Limited Partnership, a Delaware limited partnership BY: Aviara Lan ompany, a Delae corporatio , General Partner D. L. s/Vice President By: _ Ted L. Hoover/Assistant Secretary Date: BY: Republic Development Co., a California co ation, al er D. L. Cl Vice President By: 94/. Ted L. Hoover/Assistant Secretary Date: 1,ghgJal -a_ BY: Republic Development Co., a California o ration, D. L. Clemens/Vice President By: 9 Ted L. Hoover/Assistant Secretary Date: (,QIc4g..S_._ mm STEWART TITLE COMPANY OF SAN DIEGO 7676 HAZARD CENTER DRIVE 7TH FLOOR SAN DIEGO, CALIFORNIA 92108 AP .1. 2 (619) 692-1600 '" %- (619) 436-3002 (619) 743-3821 March 16, 1992 LOEB AND LOEB 10100 SANTA MONICA LOS ANGELES, CA PRELIMINARY TITLE REPORT YOUR NO. BLVD. STE. 22000tJR NO. 10-118107 LOAN REF: McKELLAR RECEIVED JUN 221992 cm OF CAFLAD pummomra DEPT. ATTENTION: DEBORAH CLARK IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, STEWART TITLE COMPANY OF SAN DIEGO 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 BY STEWART TITLE GUARANTY COMPANY, 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 IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE ,POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF MARCH 06, 1992 AT 7:30 A.M. LO ETTA G GER/am TITLE OFFICER S . 10-118107 THE FORM OF THE POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY ( ) 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B ( ) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY ( ) 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY () SCHEDULE A 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: AVIARA-5, A CALIFORNIA LIMITED PARTNERSHIP 10-118107 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: LOTS 95, 96,-97 AND 98 OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 UNIT C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR -MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OF THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY. S . Slk 10-118107 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1992-93, A LIEN NOT YET PAYABLE. 1A. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF FIRST INSTALLMENT: $11,978.99 DLQ/PENALTY SECOND INSTALLMENT: $11,978.99 OPEN LAND: $306,000.00 CODE AREA: 09027 PARCEL NO. 215-592-12 SAID MATTER AFFECTS: LOT 95. lB. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF FIRST INSTALLMENT: $30,500.25 DLQ/PENALTY SECOND INSTALLMENT: $30,500.25 OPEN LAND: $2,550,000.00 CODE AREA: 09027 PARCEL NO. 215-592-13 SAID MATTER AFFECTS: LOT 96. 1C. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF FIRST INSTALLMENT: $27,760.24 DLQ/PENALTY SECOND INSTALLMENT: $27,760.24 OPEN LAND: $2,325,600.00 CODE AREA: 09027 PARCEL NO. 215-592-14 SAID MATTER AFFECTS: LOT 97. 1D. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF FIRST INSTALLMENT: $78,698.05 DLQ/PENALTY SECOND INSTALLMENT: $78,698.05 OPEN LAND: $6,548,400.00 CODE AREA: 09027 FOR THE FISCAL ANY $1,197.90 FOR THE FISCAL ANY. $3,050.03 FOR THE FISCAL ANY. $2,776.02 FOR THE FISCAL ANY. $7,869.81 -1- . . SCHEDULE B 10-118107 PARCEL NO. I 215-592-15 SAID MATTER AFFECTS: LOT 98. 1E. BOND/ASSESSMENT REPORT TO FOLLOW. iF. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 1G. THE FACT THAT SAID LAND LIES WITHIN THE BOUNDARIES OF A COMMUNITY FACILITIES ASSESSMENT/MELLO-ROOS DISTRICT, THE AMOUNT OF ASSESSMENT, IF ANY, ATTRIBUTABLE TO THIS PARCEL IS CURRENTLY OR WILL BE COLLECTED AS A PART OF THE TAX BILL. 2. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SUCH MATTERS ARE SHOWN BY THE PUBLIC RECORDS. 3. THE RIGHT OF THE PUBLIC TO USE AS A PUBLIC HIGHWAY THAT PORTION OF SECTION 26 HEREIN DESCRIBED THAT LIES WITHIN OLD SURVEY NO. 33, THAT PORTION OF SECTION 34 HEREIN DESCRIBED THAT LIES WITHIN ROAD SURVEY NO. 346 AND THAT PORTION OF SECTION 34 HEREIN DESCRIBED THAT LIES WITHIN OLD SURVEY NO. 62, ALL AS SHOWN UPON THE ORIGINAL RECORDS IN THE OFFICE OF THE COUNTY SURVEYOR OF SAN DIEGO COUNTY. 4. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PtJR] DOSES IN FAVOR OF: SAN DIEGO GAS AND ELECTRIC COMPANY FOR: TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND INCIDENTAL PURPOSES WITH THE RIGHT OF INGRESS AND EGRESS RECORDED: OCTOBER 16, 1956 IN BOOK 6301, PAGE 162 OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. BY QUITCLAIM-DEED RECORDED DECEMBER 26, 1973 AS FILE NO. 73-355049 OF OFFICIAL RECORDS, A PORTION OF SAID EASEMENT WAS ELIMINATED. A RIGHT OF WAY USE AGREEMENT DATED: JULY 9 1 1990 BY & BETWEEN: SAN DIEGO GAS & ELECTRIC COMPANY AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP RECORDED: JULY 25, 1990 AS FILE NO. 90-404682 OF OFFICIAL RECORDS -2- SCHEDULE B 10-118107 A RIGHT OF WAY U DATED: BY & BETWEEN: RECORDED: E AGREEMENT JULY 9, 1990 SAN DIEGO GAS & ELECTRIC COMPANY AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP JULY 25, 1990 AS FILE NO. 90-404683 OF OFFICIAL RECORDS A RIGHT OF WAY USE AGREEMENT DATED: JULY 9, 1990 BY & BETWEEN: SAN DIEGO GAS & ELECTRIC COMPANY AND AVIARA MASTER ASSOCIATES, A CALIFORNIA NON-PROFIT MUTUAL BENEFIT CORPORATION RECORDED: JULY 25, 1990 AS FILE NO. 90-404684 OF OFFICIAL RECORDS 5. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: JANUARY 10, 1989 BY AND BETWEEN: SAN DIEGO GAS AND ELECTRIC COMPANY, AND Regarding: Recorded: 5. An agreement particulars Dated: By and Between: Regarding: Recorded: PACIFIC RIM LAND ASSOCIATES, A CALIFORNIA. LIMITED PARTNERSHIP RIGHT OF WAY USE AGREEMENT AND RELATING TO THE EASEMENT RECORDED IN BOOK 6301, PAGE 162 OF OFFICIAL RECORDS JANUARY 10, 1989 AS FILE NO. 89-012389 OF OFFICIAL RECORDS to which reference is hereby made for full OCTOBER 16, 1987 W. H. HUNT AND N.B. HUNT AND THE CITY OF CARLSBAD PAYMENT OF PUBLIC FACILITY FEE NOVEMBER 19, 1987 AS FILE NO. 87-647735 of Official Records to which reference is hereby made for full JUNE 6, 1988 PACIFIC RIM LAND ASSOCIATES LIMITED PARTNERSHIP, THE STATE OF CALIFORNIA ACTING BY AND THROUGH THE STATE LANDS COMMISSION. TITLE SETTLEMENT AND EXCHANGE AGREEMENT JUNE 10, 1988 AS FILE NO. 88-278452 of Official Records 6. An agreement particulars Dated: By and Between: Regarding: Recorded: 8. THE FOLLOWING ITEMS AFFECT THAT PORTION OF SAID. LAND LYING WITHIN THE RESPECTIVE MAP NUMBERS. -3- . . SCHEDULE B 10-118.107 MAP NO. 12411. EASEMENTS AS SHOWN AND DEDICATED ON SAID MAPS FOR : GENERAL UTILITY ACCESS, SEWER, WATER, DRAINAGE, SITE CORRIDOR, OPEN SPACE AND FUTURE STREET. REFERENCE IS MADE TO SAID MAP FOR EXACT LOCATION 9. PROVISIONS OF THE DEDICATION STATEMENT ON THE MAP OF THE TRACT HEREINBELOW WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO.: 12411 STREET AFFECTED: ALGA ROAD AND BATIQUITOS DRIVE 10. AN INSTRUMENT ENTITLED DEED RESTRICTION (TRAIL) BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND CALIFORNIA COASTAL COMMISSION, WHICH AMONG OTHER THINGS, SET OUT GUIDELINES FOR LANDSCAPING, PUBLIC ACCESS, GRADING, FUTURE DEVELOPMENT AND PRESERVATION OF STEEP SLOPES. SAID INSTRUMENT RECORDED APRIL 14, 1989 AS FILE NO. 89-196178 OF OFFICIAL RECORDS. 11. AN INSTRUMENT ENTITLED IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS DATED MARCH 13, 1989 BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND RECORDED APRIL 14, 1989 AS FILE NO. 89-196180 OF OFFICIAL RECORDS. 12. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: MARCH 31, 1989 BY AND BETWEEN: I AVIARA LAND ASSOCIATES, LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE RECORDED: JUNE 5, 1989 AS FILE NO. 89-296176 OF OFFICIAL RECORDS 13. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CITY OF CARLSBAD FOR: PUBLIC STREET PURPOSES, DRAINAGE PURPOSES AND FOR SIDEWALK PURPOSES RECORDED: JUNE 29, 1989 AS FILE NO. 89345765 OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 14. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL -4- . . SCHEDULE B 10-118107 PARTICULARS DATED: BY AND BETWEEN: REGARDING: RECORDED: JUNE 28, 1989 AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD BASIN MAINTENANCE JUNE 29, 1989 AS FILE NO. 89-345770 OF OFFICIAL RECORDS 15. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: JUNE 28, 1989 BY AND BETWEEN: IAVIARA LAND ASSOCIATES LIMITED REGARDING: RECORDED: PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD DESILTATION BASIN/STORM DRAINAGE MAINTENANCE JUNE 29,1989 AS FILE NO. 89-345771 OF OFFICIAL RECORDS 16. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED JULY 5, 1989 AS FILE NO. 89-354659 OF OFFICIAL RECORDS. RESTRICTIONS, IF ANY BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. - THE ABOVE-MENTIONED COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT THE ASSESSMENT LIENS PROVIDED FOR THEREIN SHALL BE SUBORDINATED TO THE LIEN OF ANY FIRST MORTGAGE UPON ANY CONDOMINIUM. FIRST AMENDMENT AND RESTATEMENT RECORDED JULY 31, 1990 AS FILE NO. 90-418521 OF OFFICIAL RECORDS. 17. AN EASEMENT AFFECTIN( ; SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURl OSES IN FAVOR OF: SAN DIEGO GAS & ELECTRIC COMPANY FOR: UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, AND COMMUNICATION FACILITIES, AND APPURTENANCES RECORDED: FEBRUARY 20, 1990 AS FILE NO. 90-090371 OF OFFICIAL RECORDS SAID MATTER AFFECTS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. -5- . . SCHEDULE B 10-118107 18. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED FEBRUARY 27, 1990 AS FILE NO. 90-103250 OF OFFICIAL RECORDS. RESTRICTIONS, IF ANY BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. 19. AN INSTRUMENT ENTITLED OPTION TO REPURCHASE DATED FEBRUARY 21, 1990 BY AVIARA-5 A CALIFORNIA LIMITED PARTNERSHIP, IN FAVOR OF AVIAR.A LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND RECORDED FEBRUARY 27, 1990 AS FILE NO. 90-103251 OF OFFICIAL RECORDS. S 20. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF DATED FEBRUARY 21, 1990 AMOUNT NONE SHOWN TRUSTOR AVIARA-5, A CALIFORNIA LIMITED PARTNERSHIP TRUSTEE TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, BENEFICIARY RECORDED A CALIFORNIA CORPORATION AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FEBRUARY 27, 1990 AS FILE NO. 90-103252 OF OFFICIAL RECORDS 21. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF DATED FEBRUARY 21, 1990 AMOUNT $8,625,000.00 TRUSTOR AVIARA-5, A CALIFORNIA LIMITED PARTNERSHIP TRUSTEE TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, BENEFICIARY Recorded A CALIFORNIA CORPORATION AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP FEBRUARY 27, 1990 AS FILE NO. 90-103253 OF OFFICIAL RECORDS THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO FIRST INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA CORPORATION S BY INSTRUMENT RECORDED FEBRUARY 27, 1990 AS FILE NO. 90-103254 OF OFFICIAL RECORDS 22. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: FEBRUARY 20, 1990 BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, IA DELAWARE LIMITED PARTNERSHIP; DAVIDSON S . S SCHEDULE B 10-118107 COSCAN PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP; LYON COMMUNITIES,INC., A CALIFORNIA CORPORATION; RDC DEVCO II LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP; A-M. HOMES, A CALIFORNIA LIMITED PARTNERSHIP; AND BRAMALEA CALIFORNIA, INC., A CALIFORNIA CORPORATION REGARDING: UNITY OF CONTROL RECORDED: APRIL 16, 1990 AS FILE NO. 90-204778 OF OFFICIAL RECORDS AN ASSUMPTION AGREEMENT BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND AVIARA-5, A CALIFORNIA LIMITED PARTNERSHIP, RECORDED NOVEMBER 9, 1990 AS FILE NO. 90-609963 OF OFFICIAL RECORDS. 23. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: MAY 16, 1990 BY AND BETWEEN: IAVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, REGARDING: RECORDED: AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD AN UNCONTROLLED STOCKPILE MAY 22, 1990 AS FILE NO. 90-279302 OF OFFICIAL RECORDS 24. AN AGREEMENT TO WHICH REFERENCE PARTICULARS DATED: JAPRIL 17, 1990 BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, REGARDING: RECORDED: A DELAWARE LIMITED PARTNERSHIP AND DANIELS CABLEVISION, INC., A DELAWARE CORPORATION EASEMENT AND COVENANT REGARDING CATV SERVICE JUNE 1 1 1990 AS FILE NO. 90-298175 OF OFFICIAL RECORDS 25. AN AGREEMENT TO WHICH REFERENCE 1$ HEREBY MADE FOR FULL PARTICULARS DATED: APRIL 17, 1990 BY AND BETWEEN: DANIELS CABLEVISION, INC., A DELAWARE CORPORATION AND AVIARA-5, A CALIFORNIA LIMITED PARTNERSHIP REGARDING: ASSUMPTION AND EASEMENT RECORDED: JUNE 1 1 1990 AS FILE NO. 90-298182 OF OFFICIAL RECORDS 26. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: JULY 3, 1990 BY AND BETWEEN: CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND AVIARA- 5 IS HEREBY MADE FOR FULL -7- . . SCHEDULE B 10-118107 REGARDING: SPECIAL ASSESSMENT DISTRICT PASS-THROUGH AUTHORIZATION AGREEMENT RECORDED: OCTOBER 31, 1990 AS FILE NO. 90-590738 OF OFFICIAL RECORDS 27. ANY CLAIMS OF LIEN THAT MAY BE FILED AGAINST SAID LAND WITHIN THE TIME PROVIDED BY LAW BY REASON OF IMPROVEMENTS THEREON AS DISCLOSED BY A NOTICE OF COMPLETION RECORDED JULY 12, 1991 AS FILE NO. 1991-0343326 OF OFFICIAL RECORDS. 28. AN EASEMEW AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED LEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION FOR: UNDERGROUND FACILITIES AND APPURTENANCES' FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY; COMMUNICATION FACILITIES, AND APPURTENANCES RECORDED: AUGUST 6, 1991 AS FILE NO. 1991-0393208 OF OFFICIAL RECORDS AFFECTS: LOT 97 SAID DEED DOES NOT CONTAIN THE LOCATION OF SAID EASEMENT. 29. A CLAIM OF LIEN BY: HUNSAKER & ASSOC. SAN DIEGO, INC., A CALIFORNIA CORPORATION AMOUNT CLAIMED: $251,910.18 RECORDED: AUGUST 21, 1991 AS FILE NO. 1991-0427911 OF OFFICIAL RECORDS A LIEN EXTENSION OF SAID MECHANICS LIEN RECORDED NOVEMBER 19, 1991 AS FILE NO. 1991-598186 AND FEBRUARY 13, 1992 AS FILE NO. 1992-0082146, BOTH OF OFFICIAL RECORDS. 30. A CLAIM OF LIEN BY: THE MCKINLEY ASSOCIATES, INC. AMOUNT CLAIMED: $85,178.25 RECORDED: SEPTEMBER 25, 1991 AS FILE NO. 1991-0494077 OF OFFICIAL RECORDS AN ACTION IN THE SUPERIOR COURT ENTITLED:' THE McKINLEY ASSOCIATES, INC., PLAINTIFF, V. AVIARA-5, A CALIFORNIA LIMITED PARTNERSHIP, AVIARA-5, INC., LEIGHTON PACIFIC DEVELOPMENTS, INC., McKELLAR COMMUNITIES, INC., McKELLAR DEVELOPMENT OF LA JOLLA AND DOES 1 THROUGH 50, INCLUSIVE CASE NO.: 647740 NATURE OF ACTION: BREACH OF CONTRACT AND OTHER CAUSES OF ACTION AND FORECLOSURE OF PLAINTIFF'S . . SCHEDULE B 10-118107 DESIGN PROFESSIONALS' LIEN AFFECTS: HEREIN DESCRIBED PROPERTY NOTICE OF PENDENCY OF SAID ACTION WAS RECORDED FEBRUARY 27, 1992 AS FILE NO. 1992-0106944 OF OFFICIAL RECORDS 31. ANY CLAIMS OF LIEN THAT MAY BE FILED AGAINST SAID LAND WITHIN THE TIME PROVIDED BY LAW BY REASON OF IMPROVEMENT.S THEREON AS DISCLOSED BY A NOTICE OF COMPLETION RECORDED OCTOBER 22, 1991 AS FILE NO. 1991-545821 OF OFFICIAL RECORDS 32. A CLAIM OF LIEN BY: HYDRO-ALTERNATIVES (GERALD W. BUSHREE) AMOUNT CLAIMED: $4,603.00 RECORDED: OCTOBER 22, 1991 AS FILE NO. 1991-0545871 OF OFFICIAL RECORDS 33. ANY CLAIMS OF LIEN THAT MAY BE FILED AGAINST SAID LAND WITHIN THE TIME PROVIDED BY LAW BY REASON OF IMPROVEMENTS THEREON AS DISCLOSED BY A NOTICE OF COMPLETION RECORDED NOVEMBER 22, 1991 AS FILE NO. 1991-0606781 OF OFFICIAL RECORDS 34. ANY CLAIMS OF LIEN THAT MAY BE FILED AGAINST SAID LAND WITHIN THE TIME PROVIDED BY LAW BY REASON OF IMPROVEMENTS THEREON AS DISCLOSED BY A NOTICE OF COMPLETION RECORDED NOVEMBER 22, 1991 AS FILE NO. 1991-0606782 OF OFFICIAL RECORDS 35. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COPY OF THE PARTNERSHIP AGREEMENT OF AVIARA-5, A CALIFORNIA LIMITED PARTNERSHIP AND ANY AMENDMENTS THERETO 36. ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE ADDED TO SAID REPORT WHEN THE FOLLOWING INFORMATION IS FURNISHED. 1. FORM OF POLICY REQUESTED. 2. INTENDED PURCHASER. cm I [ nil STEWART TITLE COMPANY OF SAN DIEGO 7676 HAZARD CENTER DRIVE 7TH FLOOR SAN DIEGO, CA, 92108 (619) 692-1600 NOTE: EFFECTIVE WEDNESDAY, OCTOBER 24, 1990, OUR WIRING INSTRUCTIONS WILL BE AS FOLLOWS: 1. GROSSMONT BANK 667 SAN RODOLFO DRIVE SOLANA BEACH, CA. 92075 2. ABA #122232109 3. FOR CREDIT TO STEWART TITLE ACCOUNT ACCOUNT # 11002412-01 4. REFERENCE: TITLE OFFICER AND/OR TITLE #. TITLE. DEPARTMENT FAX NUMBER: (619) 297-1715 CLTA Preliminary Report Form . CLTA PRELIMINARY REPORT FORM LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS SCHEDULE B 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1,990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or-regulations) restricting, regulating, prohibiting or relating to (i)the occupancy, use, or enjoyment of the land; (ii)the character, dimensions or location of any improvement now or hereafter erected on the land; (iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part: or (iv)environmental -protection, or the effect of-any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice- of a defect, lien or encumbrance resulting from a violation or alleged violation effecting the land han recorded in the public records at Date of Policy. - - - (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resultihg from a 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 hot 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 or 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 -or interest of the insured lender,-by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. - - EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by - reason of: - - - - - 1. Taxes or assessments which are not shown as existing- liens by the records of any taxing authority that levies taxes or assessments - on real property or by the public records. - Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not Shown - by the records of such agency or by the .publ ic records. - 2. Any facts-,rights, interests or claims which are not shown by the public records but which could-be ascertained by an-inspection- of the land or which may be asserted by persons in possession thereof. - - - - - 3. .Easements, liens or encumbrances, or claims thereof, which are not shown by the public e'ords. - 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. (List of Printed Exceptions and Exclusions Continued on Next Page) REV. 1990 STEWART TITLE I Page lof4 GUARANTY COMPANY 1 r CLTA Preliminary Report FormS 2. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1.87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or governmental regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy-Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date .. unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date . this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 3. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (4-6-90) WITH ALTA ENDORSEMENT— FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (4-6-90) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS AND COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regu- lations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, di- mensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental proteCtion, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights ofa purchaser for value without knowledge. (List of Printed Exceptions and Exclusions Continued on Next Page) 21o 94U STEWART TITLE Page GUARANTY COMPANY CITA Preliminary Report Form 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein the as to assessments for street improvements under construction or completed at Date of Policy); or (e-) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 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 statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. - - The above policy forms may be issued to afford either- Standard Coverage or Extended Coverage. In- addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: - EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise - by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes orassess- ments 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 inspec- tion of the land or by making inquiry of persons in possession thereof. - 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey- would disclose, and which are not shown by the public records. - - 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (4-6-90) and - AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4-6-90) EXCLUSIONS FROM COVERAGE - - The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which, arise by reason of: - - - 1. (a) Any law, ordinance or governmental regulation (-including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (-ii) the char- acter, 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 protec tion, 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 aefect,-Iien or encumbrance resulting from a violation or alleged violation affect- ing the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been re- corded in the public records at Date of Policy. (List of Printed Exceptions and Exclusions Continued on Next Page) REV 1990 STEWART TITL Page 3of4 GUARANTY COMPANY CLIA Preliminary Report Form - 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against toss or damage (and ihe 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 assess. ments 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 inspec- tion of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. • 4. Discrepancies, 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 Acs 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. REV, 1990 STEWART TITLI Page 4of 4 GUARANTY COMPANY I --Zr zoo ... ' ' 'N • • 4 •.aa . ' - - - - ' • • -' vi-% - • v--'-' - - -. - r - - - ,,-o,vN - •- -- • - ..' - -_ '•* - -.-- - • I - - -'. '--'-'---- -. - .-• I —• -'S • •''9..-t?.!i/ I / 1'r , • - - _C_ r---' -,. -'F .' 7 ---:-... -t - - .-J _5,. - .-.,., -.•_, 95 \ s44 / - ' - ' • - - *•' • -• I 17. AP N; — • 'i- CI T Y OF CA HL SBA D TRA C T 85-35 SHEET I 0 OF 1 1 SHEETS coi..vrr SAN DIEGO, STATE t'P' CALIFORNIA -, —TT-- —___ _--------___ Ili- 93, 96 AAV 90 IN - - -- c;7(.J4s;4 \,r-' :.. . 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