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Home My WebLink AboutCT 93-08; CARILLO RANCH VILLAGE "O"; Tentative Map (CT)l".C _ -I ,-' ( orr OF CARLSBAD lAND USE REVIEW APPUCATION FOR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) cr 13 --()g - (FOR DEPT USE ONLy) plJD q:??-tJ#1 (FOR DEPT USE ONLy) 0 Master plan 0 General Plan Amendment 0 Specific Plan 0 Local Coastal Plan Amendment 0 Precise Development Plan 0 Site Development Plan ~entarive T~act Map er q3~'6 0 Zone Change []..--planned Development Permit IWD1j{)"g 0 Conditional Use Permit 0 Non-Residential Planned Development 0 Hillside Development Permit 0 Condominium Permit 0 Environmental Impact Assessment 0 Special Use Permit 0 Variance 0 Redevelopment Permit 0 Planned Industrial Permit 0 Tentative Parcel Map 0 Coastal Development Permit- 0 Administrative Variance 0 Planning Commission Determination 0 List any other applications not specificed 2) LOCATION OF PROJECT: ON THE I West ) SIDE OF I MelrQ~~ I2l:j~e i (NORTH, SOu-rn EAST, WEST) (NAME OF STREET) BE1VVEEN I Carrillo Way I AND I Alga Road I -(NAME OF STREET) (NAME OF STREET) 3) BRlEF LEGAL DESCRlPTION: I Portion of Section 19 T12 R3W 4) ASSESSOR-PARCEL NO(S). I 222-010-Q2 (Y'Dl2-J I - 5) LOCAL FACIUTIES I IS' 16) EXISTING GENERAL PLAN I RLM I 7) PROPOSED GENERAL PLAN I RLM I MANAGEMENT ZONE DESIGNATION , DESIGNATION - 8) EXISTING ZONING I PC 19) PROPOSED ZONING I PC 110) GROSS SITE 118-31 . -ACREAGE 11) PROPOSED NUMBER OF o 12) PROPOSED NUMBER 'G 13) mE OF SUBDMSION ,~ RESIDENTIAL UNITS OF LOTS , (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDEN11AL UNITS I 0 , 15) PROPOSED INDUSTRIAL I N/A /16) PROPOSED COMMERCIAL I N/A I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE - NOTE: "PROP05BD PROJECr REQUIRING lliAT MUL'11Pfil RPUCAnONS BE FILPJ) JdIlST BE SOSMtT1E) PRKll to, 3:30 P.K. A PROPOSfD I'ROJECT REQUtRlNG lHAT':,0Nl.Y ONE APP1JCAn~ Biqln.8l),~_~,~ PRIOR ro .. ~:oo P.M.' " '" ' ", .....• ... FRMOOO168/90 - -, I I I I I I I I '. .e " . . ':, ~ , '" CITY OF CARLSBAD . LAND USE REVIEW APPUCATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJEcr IN OPEN SPACE 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELUNG UNITS 51 19) PROPOSED INCREASE IN AVERAGE DAlLY TRAfFIC 510 20) PROJEcr NAME: Carrillo Ranch Village 0 21) BRlEF DESCRlPTION OF PROJEcr: I 51 single family homes and a planned development permit for lots of less than 7500 square feet. --22) IN TIlE PROCESS OF REVIEWING TIllS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF cm STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS, OR cm COUNCIL ME,MBERS TO INSPEcr AND ENTER TIlE THE TIllS n!ls PURPOSE 23) OWNER 24) APPUCANT NAME (PRlNT OR ITPE) NAME (PRlNT OR ITPE) Rancho Carrillo L&W Investments Jnc., dba Continental Homes --------------------------+---------------------------------------~ MNUNG ADDRESS MAIUNG ADDRESS 12636 High Bluff Drive, Suite 300 12636 High Bluff Drive, Suite 300 cm AND STATE ZIP San Die 0, California 92130 1 CERTIFY TIiAT I AM mE LEGAl. OWNER AND TIiAT AU. THE ABOVE INFORMATION IS TRUE AND OJRRECT TO 11i£ BES!' OF MY KNOWWXiE. FOR cm USE ONLY FEE COMPUTATION: APPUCATION TIPS FEE REQUIRED TELEPHONE CITY AND STATE ZIP TELEPHONE 793-2580 San Die 0 Califo 1 CERTIFY TIiAT I AM nn:: LEGAl. OWNER', REPRESENTATIVE AND TIiAT AU. mE AW:NF. INFORMATION IS TRUE AND COR.RECr TO THE BES!' OF MY KNOWUIX;£' -T 5'2.5 . 00 JUL 1 It 1993 RECEIVED BY: TOTAL FEE REQUIRED DATE FEE PAlO . RECEIPT NO. , , . Form N'o. 1068-1 (Rev. 1/92) Exhibit A to Preliminary Report _. ~.'. .~.;.~" .. 'I' ,." eo ':t~_ •• t· r "It-~~'.:--.; \, I .., i ,..." , Preliminary Report / First American Title Insurance Company C'~.::'7.v'~r~ '/~o?,?C-S #a:J.3" ~e /zdH :: , ,. .' , 0 .' = ORDER NO. 1043792-6 FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 921.01 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 NOVEMBER 6, 1992 CONTINENTAL HOMES 12760 HIGH BLUFF DRIVE, SUITE 380 SAN DIEGO, CALIFORNIA, ATTN: CHRISTOPHER CHAMBERS OUR ORDER NO. 1043792-6 IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION HEREIN 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 NOVEMBER 3, 1992 AT 7:30 A.M. DIANNE DIRECT PAGE 1 OFFICER ... .:. /. , .: ORDER NO. 1043792-6 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: TO BE DETERMINED TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: RANCHO CARRILLO, INC., A DELAWARE CORPORATION THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) i AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1992-93, ALIEN, NOT YET PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. 4. RIGHTS OF THE PUBLIC IN AND TO ANY PORTION OF THE HEREIN DESCRIBED PROPERTY LYING WITHIN ROADS, STREETS OR HIGHWAYS. 5. AN EASEMENT FOR GAS PIPE LINES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED JANUARY 18, 1937 IN BOOK 615, PAGE 65 OF OFFICIAL RECORDS, WHICH AFFECTS SECTION 18 DESCRIBED AS FOLLOWS: PAGE 2 .... ~I t I( I (" -1 .7 I '--;'.:::'~ ... :" -~ . ... /. ORDER NO. 1043792-6 BEGINNING AT A POINT ON THE WEST LINE OF SECTION 18, DISTANT THEREON 2900.18 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE FROM SAID POINT OF BEGINNING, NORTH 87°21' EAST 4476.0 FEET; THENCE SOUTH 89°21' EAST TO THE EAST LINE. OF SAID ABOVE MENTIONED NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18. IT IS UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT SAID GAS PIPE SHALL IN ALL CASES BE BURIED IN THE GROUND AT A SUFFICIENT DEPTH AS NOT TO INTERFERE WITH AGRICULTURAL DEVELOPMENT. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 1. 6. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED FEBRUARY 24, 1938 IN BOOK 759, PAGE 6 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF THE SAID NORTHEAST QUARTER OF SOUTHWEST QUARTER OF SECTION 19, DISTANT THEREON 245.3 FEET EASTERLY FROM THE SOUTHWEST CORNER THEREOF; THENCE FROM SAID POINT OF BEGINNING, NORTH 2°54' EAST 1245.9 FEET; THENCE NORTH 15°45' EAST 440 FEET; THENCE NORTH 36°55' WEST 210.4 FEET. SAID EASEMENT AFFECTS A PORTION OF SECTION 19 HEREIN DESCRIBED. AFFECTS PARCEL 1. 7. AN EASEMENT AND RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER AND ACROSS ROAD SURVEY NO. 757 ACCORDING TO MAP ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR AND AS GRANTED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED OCTOBER 2, 1940 IN BOOK 1068, PAGE 496 OF OFFICIAL RECORDS. SAID INSTRUMENT ALSO GRANTS THE PRIVILEGE AND RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE· LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 1. PAGE 3 8. ~a. .1 -.., e····· ORDER NO. 1043792-6 AN EASEMENT FOR ELECTRIC TRANSMISSION LINES TO ERECT, CONSTRUCT, RECONSTRUCT, REPLACE, REPAIR, MAINTAIN AND USE FROM TIME TO TIME, FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND FOR TELEPHONE PURPOSES, A LINE OR LINES OF WOOD POLES OR STEEL TOWERS OR POLES, AND WIRES OR CABLES SUSPENDED THEREON, AND SUPPORTED THEREBY, INCLUDING WIRES FOR TELEPHONE PURPOSES AND ALL NECESSARY AND CONVENIENT FOUNDATIONS, CROSS-ARMS AND BRACES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO CONSOLIDATED GAS AND ELECTRIC COMPANY, RECORDED OCTOBER 11, 1940 IN BOOK 1078, PAGE 247 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: SAID EASEMENT OF RIGHT OF WAY BEING 150 FEET IN WIDTH, THE SOUTHWESTERLY AND NORTHEASTERLY BOUNDARY LINES OF WHICH ARE PARALLEL WITH AND 50 FEET SOUTHWESTERLY AND 100 FEET NORTHEASTERLY, RESPECTIVELY, FROM A LINE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SECTION 18, DISTANT THEREON 327.86 FEET WESTERLY FROM THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 28°50'13" WEST, 2044.26 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER OF SOUTHEAST QUARTER OF SECTION 18, WHICH POINT IS THE TRUE POINT OF BEGINNING CONTINUING NORTH 28°50'13" WEST, A DISTANCE OF 905.3 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID NORTHWEST QUARTER OF SOUTHEAST QUARTER OF SECTION 18. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 1. 9. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED NOVEMBER 21, 1951 IN BOOK 4297, PAGE 314 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF NORTHWEST QUARTER OF SECTION 19; DISTANT THEREON 550.23 FEET NORTHERLY FROM THE SOUTHWEST CORNER THEREOF; THENCE FROM SAID POINT OF BEGINNING NORTH 84°24' EAST 0.56 FEET; THENCE SOUTH 67°03'15" EAST 505.28 FEET. ALSO: FROM THE ABOVE DESCRIBED POINT OF BEGINNING; THENCE SOUTH 84°24' WEST 1471.83 FEET; THENCE NORTH 58°37' WEST 240.00 FEET. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 1. PAGE 4 ."\ .-\ ~I t II. I ~'=' C , ./ • , ./ = ORDER NO. 1043792-6 10. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 6416, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. AFFECTS PARCEL 1. 11. AN EASEMENT FOR SEWER LINE AND INCIDENTAL PURPOSES IN FAVOR OF SAN MARCOS COUNTY WATER DISTRICT, RECORDED OCTOBER 1, 1968 AS FILE NO. 170268 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: AFFECTS A STRIP OF LAND 20.00 FEET WIDE IN THE EAST HALF OF THE NORTHWEST QUARTER AND THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 19, THE CENTER LINE OF SAID 20.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SAID SECTIONS 19 AND 24 WHICH IS DISTANT THEREON NORTH. 0 ° 03' 05" WEST 551.11 FEET FROM THE QUARTER CORNER COMMON TO SAID SECTION 19 AND 24, BEING POINT "A" OF THIS DESCRIPTION; THENCE SOUTH 72°32'47" WEST 144.96 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE 81.62 FEET THROUGH AN ANGLE OF 9°21'11" TO A POINT ON SAID EASTERLY LINE OF RANCHO AGUA HEDIONDA, DISTANT NORTH 2°38'10" WEST 690.82 FEET FROM CORNER NO. 5 OF SAID RANCHO, BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING EASTERLY TO SAID POINT "A"; THENCE NORTH 72°32'47" EAST 425.99 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 138.00 FEET THROUGH AN ANGLE OF 150 48'48"; THElfCE TANGENT TO SAID CURVE NORTH 56°43' 59" EAST 48.56 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 134.26 FEET THROUGH AN ANGLE OF 38°27'41"; THENCE TANGENT TO SAID CURVE SOUTH 84°48'20" EAST 381.08 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 236.89 FEET THROUGH AN ANGLE OF 67 ° 51' 51"; THENCE TANGENT TO SAID CURVE NORTH 27°19'49" EAST 70.07 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 123.96 FEET THROUGH AN ANGLE OF 28°24'31"; THENCE TANGENT TO SAID CURVE NORTH 55°44;20" EAST 53.12 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 100.41 FEET THROUGH AN ANGLE OF 14°23'; THENCE TANGENT TO SAID CURVE NORTH 41°21'20" EAST 40.78 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 253.62 FEET THROUGH AN ANGLE OF 36 0 19'42"; THENCE TANGENT TO SAID CURVE NORTH 77°41'02" EAST 606.59 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 43.21 FEET THROUGH AN ANGLE OF 9 ° 54' 13"; THENCE TANGENT TO SAID CURVE NORTH 87°35'15" EAST 387.03 FEET TO THE BEGINNING OF A TANGENT PAGE 5 .----w - ORDER NO. 1043792-6 250.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 84.60 FEET THROUGH AN ANGLE OF 190 23'20"; THENCE TANGENT TO SAID CURVE NORTH 68 ° 11' 55" EAST 2 05.33 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 95.13 FEET THROUGH AN ANGLE OF 210 48'05"; THENCE TANGENT TO SAID CURVE EAST 102.42 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 107.19 FEET THROUGH AN ANGLE OF 24 0 34'02"; THENCE TANGENT TO SAID CURVE SOUTH 65°25'58" EAST 263.37 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 130.98 FEET THROUGH AN ANGLE OF 30°01' 08"; THENCE TANGENT TO SAID CURVE SOUTH 35°24'50" EAST 208.31 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 93.61 FEET THROUGH AN ANGLE OF 21 0 27'14"; THENCE TANGENT TO SAID CURVE SOUTH 56°52'04" EAST 351.49 FEET; THENCE SOUTH 60°50'13" EAST 152.27 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 140.07 FEET THROUGH AN ANGLE OF 32°06'08" TO A POINT ON THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, DISTANT NORTH 0°08'43" EAST 744.12 FEET FROM THE SOUTHEAST CORNER i OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, SAID 20.00 FOOT STRIP BEGINS IN THE EASTERLY LINE OF RANCHO AGUA HEDIONDA AND ENDS IN THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19. ALSO: A TEMPORARY 50 FOOT WIDE EASEMENT AND SLOPE RIGHT FOR CONSTRUCTION OF AN ACCESS AND CONSTRUCTION ROAD AS REQUIRED FOR THE CONSTRUCTIONS OF A SEWER PIPELINE IN THE EAST HALF OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, THE CENTER LINE OF SAID 50 FOOT WIDE TEMPORARY EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SECTIONS 19 AND 24 OF SAID TOWNSHIP 12 -SOUTH WHICH POINT IS DISTANT THEREON NORTH 0 ° 03' 05" WEST, 555.11 FEET FROM THE QUARTER CORNER COMMON TO SAID SECTIONS 19 AND 24; THENCE NORTH 72°32'47" EAST, 425.99 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 138.00 FEET THROUGH AN ANGLE OF 150 48'48"; THENCE TANGENT TO SAID CURVE NORTH 56 0 43'59" EAST, 48.56 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE, 134.26 FEET THROUGH AN ANGLE OF 38 0 27'41"; THENCE TANGENT TO SAID CURVE SOUTH 84°48'20" EAST 381.08 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 236.89 FEET THROUGH AN ANGLE OF 67 0 51'51"; THENCE TANGENT TO SAID CURVE NORTH 27°19'49" EAST, 70.07 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID PAGE 6 , .. , p , " , • ORDER NO. 1043792-6 CURVE 123.96 FEET THROUGH AN ANGLE OF 28 ° 2 4' 31"; THENCE TANGENT TO SAID CURVE NORTH 55°44'20 EAST, 53.12 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 100.41 FEET THROUGH AN ANGLE OF 14°23'00"; THENCE TANGENT TO SAID CURVE NORTH 41°21'20" EAST, 40.78 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 253.62 FEET THROUGH AN ANGLE OF 360 19'42"; THENCE TANGENT TO SAID CURVE NORTH 77°41'02" EAST, 606.59 FEET TO THE TRUE POINT OF BEGINNING OF SAID 50 FOOT WIDE TEMPORARY EASEMENT, SAID POINT BEING THE BEGINNING OF A 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE" EASTERLY ALONG SAID CURVE 43.21 FEET THROUGH AN ANGLE OF 9 0 54'13"; THENCE TANGENT TO SAID CURVE NORTH 87°35'15" EAST, 387.03 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 84.60 FEET THROUGH AN ANGLE OF 190 23'20"; THENCE TANGENT TO SAID CURVE NORTH 68°11'55" EAST, 205.33 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 95.13 FEET THROUGH AN ANGLE OF 21 °48' 05"; THENCE TANGENT TO SAID CURVE EAST 102.42 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 107.19 IFEET THROUGH AN ANGLE OF 24 0 34'02"; THENCE TANGENT TO SAID CURVE SOUTH 65°25'58" EAST, 263.37 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 130.98 FEET THROUGH AN ANGLE OF 300 01'08"; THENCE TANGENT TO SAID CURVE SOUTH 35°24'50" EAST, 208.31 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 93.61 FEET THROUGH AN ANGLE OF 210 27'14"; THENCE TANGENT TO SAID CURVE SOUTH 56°52'04" EAST, 351.49 FEET; THENCE SOUTH 60°50'13" EAST, 152.27 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 140.07 FEET THROUGH AN ANGLE OF 32°06'08" TO A POINT ON THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, DISTANT NORTH 0°08'43" EAST, 744.12 FEET FROM THE SOUTHEAST CORNER OF SAID WEST HALF OF THE NORTHEAST QUARTER OF SECTION 18, SAID 20.00 FOOT STRIP BEGINS IN THE EASTERLY LINE OF RANCHO AGUA HEDIONDA AND ENDS IN THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 1. PAGE 7 .. 1: .... ~I l:: R I ~-(" " -, -e -a----W - " ,-;-:'-I = ORDER NO. 1043792-6 12. AN EASEMENT FOR THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, REPLACEMENT, RECONSTRUCTION AND INSPECTION OF A DRAINAGE CHANNEL AND FOR THE FLOWAGE OF ANY WATER AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO FLOOD CONTROL DISTRICT ZONE I, RECORDED JUNE 22, 1971 AS FILE NO. 132730 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: LYING WITHIN A 12 FOOT STRIP OF LAND SIX FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 24; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SECTION NORTH 0°52' 06" EAST, A DISTANCE OF 1122.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE, NORTH 83°00'00" WEST, A DISTANCE OF 200.00 FEET. THE SIDE LINE OF SAID 12 FOOT STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE IN THE EAST LINE OF SAID SECTION 24. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 3. / 13. AN EASEMENT FOR INGRESS AND EGRESS AND INCIDENTAL PURPOSES IN FAVOR OF THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1, RECORDED DECEMBER 22, 1976 AS FILE NO. 76-430334 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 553 OF LA COSTA MEADOWS, UNIT NO.3, MAP NO. 7076 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE WESTERLY LINE OF SAID LOT 553, SOUTH 00°52'06" WEST, 79.62 FEET TO A POINT IN A 858.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 15°47'52" WEST, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 01 0 02'08", A DISTANCE OF 15.51 FEET; THENCE TANGENT TO SAID CURVE, NORTH 73°10'00" WEST, 120.00 FEET TO THE BEGINNING OF A TANGENT 858.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 42 0 55'00", A DISTANCE OF 642.67 FEET; THENCE TANGENT TO SAID CURVE, NORTH 30°15'00" WEST, 672.77 FEET; THENCE NORTH 59 ° 45' 00" EAST, 78 .76 FEET; THENCE NORTH 38°30'00" WEST, 354.47 FEET; THENCE SOUTH 59°45'00" WEST, 112.00 FEET; THENCE 30°15'00" EAST, 1,022.27 FEET TO THE BEGINNING OF A TANGENT 942.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13 0 23'00", A DISTANCE OF 220.03 FEET TO A POINT IN THE BOUNDARY OF THAT LAND CONVEYED TO CARRILLO RANCHO PARTNERSHIP BY DEED RECORDED SEPTEMBER 1, 1976 AS FILE NO. 76-287140 OF OFFICIAL RECORDS I IN SAID RECORDER'S OFFICE AS SAID POINT BEING NORTH 46°20'00" EAST, 40.83 FEET FROM THE BEGINNING OF THAT CERTAIN PAGE 8 ~ S '\ .\ \1 E I{ I (" " -I • -.' " I :: ORDER NO. 1043792-6 COURSE NORTH 46°20'00" EAST, 82.83 FEET IN SAID DEED; THENCE ALONG SAID BOUNDARY NORTH 46 ° 2 0' 00" EAST, 42 • 00 FEET TO THE BEGINNING OF A NON-TANGENT 900.00 FOOT RADIUS 'CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID CURVE BEARS SOUTH 46°22'00" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29 0 32'00", A DISTANCE OF 463.91 FEET; THENCE SOUTH 73°10'00" EAST, 120.00 FEET TO THE BEGINNING OF A TANGENT 900.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1 0 44'50", A DISTANCE OF 27.45 FEET TO THE BOUNDARY OF SAID MAP NO. 7076; THENCE ALONG SAID BOUNDARY, NORTH 00°52'06" EAST, 43.38 FEET TO THE TRUE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 3. 14. AN EASEMENT FOR THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, REPLACEMENT, RECONSTRUCTION AND INSPECTION OF AN ENCLOSED OR UNENCLOSED FLOOD DRAINAGE CHANNEL AND INCIDENTAL.PURPOSES IN FAVOR OF THE SAN DIEGO FLOOD CONTROL DISTRICT ZONE 1, RECORDED DECEMBER 22, 1976 AS F~LE NO. 76-430335 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PARCEL A: A STRIP OF LAND 10.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF LOT 553 OF LA COSTA MEADOWS UNIT NO.3, ACCORDING TO MAP THEREOF NO. 7076, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE ALONG THE WESTERLY LINE OF SAID LOT 553, SOUTH 00°52'06" WEST, 79.62 FEET TO A POINT IN AN 858.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 15°47'52" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 01°02'08" A DISTANCE OF 15.51 FEET; THENCE TANGENT TO SAID CURVE NORTH 73°10'00" WEST, 61.65 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; . THENCE NORTH 09 ° 4 2 ' 3 0" EAST, 50. 00 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING SOUTH 09°42'30" WEST, 92.33 FEET TO THE BOUNDARY OF THAT LAND CONVEYED TO CARRILLO RANCHO PARTNERSHIP BY DEED RECORDED SEPTEMBER 1, 1976 AS FILE NO. 76-287140 OF OFFICIAL RECORDS OF SAID RECORDER'S OFFICE. SAID STRIP TO TERMINATE SOUTHERLY IN SAID BOUNDARY. PAGE 9 ~ .;. '\ .... \1 [ I{ / (. , ./ •• "e " I = ORDER NO. 1043792-6 PARCEL B: A STRIP OF LAND 10.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT AFOREDESCRIBED POINT "A"; THENCE NORTH 73 ° 10' 00" WEST, 58.35 FEET TO THE BEGINNING OF A TANGENT 858.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 42 0 55'00", A DISTANCE OF 642.67 FEET; THENCE TANGENT TO SAID CURVE NORTH 30° 15' 00" WEST, 29.27 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE NORTH 52°32'25" EAST, 20.16 FEET TO THE TRUE POINT OF BEGINNING THENCE RETRACING SOUTH 52 ° 32 ' 25" WEST, 20 . 16 FEET; THENCE SOUTH 59°45'00" WEST, 88.04 FEET TO THE BEGINNING OF A TANGENT 180.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 53 0 30'00", A DISTANCE OF 168.08 FEET; THENCE TANGENT TO SAID CURVE SOUTH 06°15'00" WEST, 83.45 FEET TO SAID CARRILLO RANCHO PARTNERSHIP BOUNDARY. THE SIDELIN~S OF SAID STRIP SHALL BE LENGTHENED AND/OR SHORTENED SO AS TO TERMINATE NORTHERLY IN A LINE THAT BEARS NORTH 30°15'0011 WEST THROUGH THE TRUE POINT OF BEGINNING, AND SOUTHERLY IN SAID CARRILLO RANCHO PARTNERSHIP BOUNDARY. PARCEL C: COMMENCING AT AFOREDESCRIBED POINT "B", THENCE NORTH 30°15'00" WEST, 643.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 30°15'00" EAST, 77.55 FEET; THENCE NORTH 59°45'00" EAST, 20.00 FEET; THENCE 30°15'00" EAST, 594.72 FEET TO THE BEGINNING OF A TANGENT 838.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15 0 35'35", A DISTANCE OF 228.06 FEET; THENCE ALONG A NON-TANGENT LINE SOUTH 72°00'00" EAST, 320.78 FEET; THENCE NORTH 18°00'00" EAST, 53.85 FEET; THENCE NORTH 72°00'00" WEST, 294.33 FEET TO THE BEGINNING OF A NON-TANGENT 778.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH 44°09'25" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 150 35'35 11 , A DISTANCE OF 211.73 FEET; THENCE TANGENT TO SAID CURVE NORTH 300 15 ' 00" WEST, 549. 72 FEET; THENCE NORTH 59°45'00" EAST, 10.00 FEET; THENCE NORTH 38°30'00" WEST, 78.36 FEET; THENCE SOUTH 59°45'00" WEST, 78.76 FEET TO THE TRUE POINT OF BEGINNING. PAGE 10 '. ... §. .,-. e" = ORDER NO. 1043792-6 PARCEL D: A STRIP OF LAND 10.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT AFOREDESCRIBED POINT "B"; THENCE SOUTH 59°45'00" WEST, 84.00 FEET; THENCE NORTH 30°15'00" WEST, 588.72 FEET; TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE SOUTH 43°50'00" WEST, 417.74 FEET TO SAID CARRILLO RANCHO PARTNERSHIP BOUNDARY AND THE TRUE POINT OF BEGINNING; THENCE RETRACING NORTH 43°50'00" EAST, 426.06 FEET; THENCE NORTH 59°45'00" EAST, 76.00 FEET TO THE SOUTHERLY LINE OF AFOREDESCRIBED PARCEL C. SAID STRIP SHALL TERMINATE NORTHEASTERLY IN SAID SOUTHERLY LINE OF PARCEL C AND TERMINATE SOUTHWESTERLY IN SAID CARRILLO RANCHO PARTNERSHIP BOUNDARY. PARCEL E: A STRIP OF LAND 12.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP BEING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT AFOREDESCRIBED POINT "C"; THENCE NORTH 30°15'00" WEST, 387.61 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 86°15'00" EAST, 140.66 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED AND/OR SHORTENED SO AS TO TERMINATE SOUTHWESTERLY IN A LINE THAT BEARS NORTH 30°15'00" WEST THROUGH THE TRUE POINT OF BEGINNING. PARCEL F: COMMENCING AT AFOREDESCRIBED POINT "C"; THENCE NORTH 30°15'00" WEST, 404.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 30°15'00" WEST, 35.00 FEET; THENCE SOUTH 59 °45' 00" WEST, 40.00 FEET; THENCE SOUTH 30° 15' 00" EAST, 80.00 FEET; THENCE NORTH 59 0 45' 00" EAST, 40. 00 FEET; THENCE NORTH 30°15'00" WEST, 45.00 FEET TO THE TRUE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 3. 15. AN IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC RIGHT OF WAY PURPOSES, DATED DECEMBER 30, 1976 IN FAVOR OF THE CITY OF CARLSBAD UPON THE TERMS AND CONDITIONS CONTAINED THEREIN, RECORDED JANUARY 31, 1977 AS FILE NO. 77-036527 OF OFFICIAL RECORDS. PAGE 11 .. ~ •• e :: ORDER NO. 1043792-6 THE ROUTE THEREOF IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 553 OF. SAID MAP NO. 7076; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 24, SOUTH 00°52'06" WEST, 79.62 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF EL FUERTE STREET AS DEDICATED ON SAID MAP NO. 7076, SAID POINT ALSO BEING ON THE ARC OF A 858 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 15°47'52" WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID CURVE A DISTANCE OF 15.51 FEET THROUGH A CENTRAL OF 010 03'08"; THENCE TANGENT TO SAID CURVE NORTH 73°10'00" WEST, 120.00 FEET TO THE BEGINNING OF A TANGENT 858 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE A DISTANCE OF 642.67 FEET THROUGH A CENTRAL ANGLE OF 42 0 55'00"; THENCE TANGENT TO SAID CURVE, NORTH 30°15'00" WEST, A DISTANCE OF 1281.47 FEET TO A POINT ON THE BOUNDARY OF RANCHO AGUA HEDIONDA ACCORDING TO MAP THEREOF NO. 823 FILED IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 89°26'46" WEST ALONG SAID BOUNDARY A DISTANCE OF 97.55 FEET TO A POINT ON THE ARC OF A NON-TANGENT 942.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 60 ° 57' 41" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01 ° 12' 41" A DISTANCE OF 19.92 FEET; THENCE TANGENT TO SAID CURVE SOUTH 30°15'00" EAST A DISTANCE OF 1311.51 FEET TO THE BEGINNING OF A TANGENT 942.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 220.03 FEET THROUGH A CENTRAL ANGLE OF 13°23'00" TO A POINT, A RADIAL LINE TO SAID POINT BEARS SOUTH 46°22'00" WEST; THENCE ALONG SAID RADIAL LINE NORTH 46°22' 00" EAST, 42.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT 900.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, SAID CURVE BEING CONCENTRIC WITH THE LAST MENTIONED 942.00 FOOT RADIUS CURVE; THENCE EASTERLY ALONG SAID 900.00 FOOT RADIUS CURVE A DISTANCE OF 463.91 FEET THROUGH A CENTRAL ANGLE OF 29°32'00"; THENCE TANGENT TO SAID CURVE SOUTH 73°10'00" EAST, 120.00 FEET TO THE BEGINNING OF A TANGENT 900.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 27.45 FEET THROUGH A CENTRAL ANGLE OF 01 °44'50" TO A POINT ON THE WESTERLY LINE OF SAID LOT 553, A RADIAL LINE TO SAID POINT BEARS SOUTH 15°05'10" WEST; THENCE LEAVING SAID CURVE NORTH 00°52'06" EAST, 43.38 FEET TO THE TRUE POINT OF BEGINNING. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 3. PAGE 12 .... :-'1 [ R I (" : ~"' ... ", . -I .f. ORDER NO. 1043792-6 16. AN EASEMENT FOR PUBLIC ROAD AND INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD, RECORDED FEBRUARY 24, 1977 AS FILE NO. 77-068082 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: A STRIP OF LAND 60.00 FEET IN WIDTH, FOR ROAD PURPOSES LYING WITHIN PORTIONS OF THE NORTH HALF OF SECTION 19 AND THE SOUTH HALF OF SECTION 18, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER OF SAID,SECTION 19, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 19 BEARS NORTH 89°39'01" WEST; THENCE NORTH 86°11'20" WEST 329.50 FEET; THENCE SOUTH 15°16'35" WEST 1410.75 FEET; THENCE SOUTH 24°54'09" WEST 59.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING THE LAST MENTIONED COURSE NORTH 24 °54' 09" EAST 59.00 FEET; THENCE NORTH 21°31'51" WEST 238.97 FEET; THENCE NORTH 18°07'34" EAST 1486.58 FEET; THENCE NORTH 15°06'41" WEST 541.75 FEET; THENCE NORTH 14°36'45" EAST 733.41 FEET; THENCE NORTH 08°16'44" WEST 369.00 FEET, MORE OR LESS, TO A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF PALOMAR AIRPORT ROAD. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 17. A CERTIFICATE OF COMPLIANCE AFFECTING PARCEL 1 HEREIN DESCRIBED HAS BEEN RECORDED JUNE 29, 1978 AS FILE NO. 78-272812 OF OFFICIAL RECORDS. 18. AN AGREEMENT REGARDING LICENSE TO ALLOW GRADING, DATED NOVEMBER 7, 1980, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIn. EXECUTED BY AND BETWEEN: THE DAON CORPORATION, A DELAWARE CORPORATION AND THE AND EN GROUP, A GENERAL PARTNERSHIP. RECORDED: NOVEMBER 26, 1980 AS FILE NO. 80-400932 OF OFFICIAL RECORDS. 19. AN EASEMENT FOR POLES, WIRES, CABLES, UNDERGROUND FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, PIPELINES, COMMUNICATION FACILITIES, OVERHEAD AND/OR UNDERGROUND APPURTENANCES AND GRANTEE ALSO HAS THE RIGHT OF INGRESS AND EGRESS, TO, FROM AND ALONG THIS EASEMENT AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION, RECORDED AUGUST 13, 1981 AS FILE NO. 81-258011 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PAGE 13 ~ -;. \ ... \1 t I< I ( " ., •• ~ I ORDER NO. 1043792-6 SAID EASEMENT SHALL BE 8.00 FEET IN WIDTH, BEING 4.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE NORTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO. 10179, FILED JUNE 27, 1980 AS FILE NO. 80-204502 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, SAID CORNER BEARS NORTH 89°46'50" WEST, 1248.83 FEET FROM AN ANGLE POINT IN THE NORTHERLY BOUNDARY THEREOF; THENCE LEAVING SAID NORTHWEST CORNER SOUTH 11 ° 19' 38" WEST 4.09 FEET; THENCE SOUTH 89°46'50" EAST 164.58 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING NORTH 63°26'37" EAST 17.61 FEET. SAID INSTRUMENT FURTHER RECITES: "IT IS . UNDERSTOOD BY THE PARTIES HERETO THAT THE GRANTEE MAY PLACE, ERECT AND MAINTAIN ON THE LANDS OF THE GRANTOR ADJACENT TO THE ABOVE DESCRIBED RIGHT OF WAY SUCH ANCHORAGE AS MAY BE NECESSARY TO PROPERLY GUY THE POWER LINE ERECTED OVER SAID RIGHT OF WAY." REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS PARCEL 1. 20. AN AGREEMENT REGARDING PUBLIC FACILITIES FEES, DATED AUGUST 13, 1981, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: RECORDED: SEPTEMBER 25, 1981 RECORDS. DAON CORPORATION, A DELAWARE CORPORATION AND THE CITY OF CARLSBAD. AS FILE NO. 81-305685 OF OFFICIAL 21. NOTE: A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY WAS RECORDED JULY 20, 1982 AS FILE NO. 82-221295 OF OFFICIAL RECORDS. 22. THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NOS. 9112 AND 9461, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. 23. AN AGREEMENT REGARDING THE RIGHT OF ENTRY TO INSTALL THEREIN EFFLUENT TRANSMISSION LINES FROM THE DISTRICT FACILITIES TO THE ENCINA FACILITIES, DATED FEBRUARY 8, 1984, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: SAN MARCOS COUNTY WATER DISTRICT AND CARRILLO RANCHO PARTNERSHIP, A GENERAL PARTNERSHIP. RECORDED: FEBRUARY 14, 1984 AS FILE NO. 84-055590 OF OFFICIAL RECORDS. PAGE 14 \ '" \ \'- \ \1 I Ii I ( -.--e---·- I I ORDER NO. 1043792-6 REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER P~TICULARS. AFFECTS PARCEL 1. 24. AN EASEMENT TO ERECT, CONSTRUCT, RECONSTRUCT I REPLACE, REPAIR, MAINTAIN AND USE A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES, TOGETHER WITH THEIR NECESSARY FIXTURES AND APPURTENANCES INCLUDING BUT NOT LIMITED TO CONDUITS AND CABLES FOR POWER TRANSMISSION AND COMMUNICATION PURPOSES, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM AND INCIDENTAL PURPOSES IN FAVOR OF SAN MARCOS COUNTY WATER DISTRICT, RECORDED FEBRUARY 13, 1987 AS FILE NO. 86-058612 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PARCEL 1: A STRIP OF LAND 20.00 FEET IN WIDTH THE CENTER LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: / PAGE 15 = "e e"" . ': = ORDER NO. 1043792-6 COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18 AS SHOWN ON RECORD OF SURVEY MAP NO. 9112, RECORDED AUGUST 5, 1982 AS FILE NO. 82-241289 OF OFFICIAL RECORDS IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; THENCE NORTH 0°38'45" EAST (RECORD -NORTH 0°39'50" EAST) ALONG THE EAST LINE OF THE WEST ONE HALF OF SAID SOUTHEAST QUARTER OF SECTION 18, A DISTANCE OF 1, 147.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE NORTH" 90°00'00" WEST, A DISTANCE OF 292.90 FEET; THENCE SOUTH 14°41'50" WEST 126.13 FEET; THENCE SOUTH 62 ° 01' 14" WEST A DISTANCE OF 3 62.35 FEET; THENCE SOUTH 75 ° 24' 53" WEST A DISTANCE OF 2 02.53 FEET; THENCE SOUTH 54°27'44" WEST A DISTANCE OF 77.42 FEET; THENCE SOUTH 33°03'43" WEST A DISTANCE OF 126. 48 FEET; THENCE SOUTH 45 ° 16' 41" WEST A DISTANCE OF 173.52 FEET TO THE BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22 ° 13' 06" A DISTANCE OF 232.67 FEET; THENCE TANGENT TO SAID CURVE SOUTH 67°29'47" WEST A DISTANCE OF 33.72 FEET; THENCE SOUTH 07°50'47" WEST A DISTANCE OF 160.29 FEET TO THE BEGINNING OF A TANGENT 600.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23 ° 3 6' 24" A DISTANCE OF 217. 21 FEET; THENCE TANGENT TO SAID CURVE SOUTH 31°27'11" WEST A DISTANCE OF 65.58 FEET TO THE BEGINNING OF A TANGENT 2500.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°22'08" A DISTANCE OF 539.69 FEET; THENCE TANGENT TO SAID CURVE SOUTH 43°49'19" WEST A DISTANCE OF 90.04 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41°28'30" A DISTANCE OF 361.94 FEET; THENCE TANGENT TO SAID CURVE SOUTH 02°20'49" WEST A DISTANCE OF 357.49 FEET TO A POINT IN THE NORTHERLY LINE OF AN EASEMENT, 20.00 FEET IN WIDTH, GRANTED TO THE SAN MARCOS COUNTY WATER DISTRICT AND DESCRIBED IN DOCUMENT RECORDED OCTOBER 1, 1968 AS FILE NO. 170268 OF OFFICIAL RECORDS, OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. THE SIDELINES OF SAID STRIP SHALL BE LENGTHENED OR FORESHORTENED SO AS TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF SAID EASEMENT TO THE" SAN MARCOS COUNTY WATER DISTRICT AND SO AS TO TERMINATE EASTERLY IN THE AFOREMENTIONED EAST LINE OF THE WEST ONE HALF OF THE SOUTHEAST QUARTER OF SECTION 18. PARCEL 2: A STRIP OF LAND 10.00 FEET IN WIDTH, THE SOUTHERLY LINE OF SAID STRIP BEING THE NORTHERLY LINE OF THAT PORTION OF AN EASEMENT, 20. 00 FEET IN WIDTH, GRANTED TO THE SAN MARCOS COUNTY WATER DISTRICT AND DESCRIBED IN DOCUMENT RECORDED OCTOBER 1, 1968 AS FILE NO. 170268 OF OFFICIAL RECORDS, OF THE COUNTY OF SAN DIEGO, PAGE 16 I I = ORDER NO. 1043792-6 STATE OF CALIFORNIA, THE CENTERLINE OF SAID 20.00 FOOT EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE COMMON BOUNDARY BETWEEN SECTION 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, AND SECTION 24, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ALL IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DISTANT THEREON NORTH 0°03'05" WEST 551.11 FEET FROM THE QUARTER CORNER TO SAID SECTIONS 19 AND 24, BEING POINT "A" OF THIS DESCRIPTION. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 25. AN EASEMENT FOR TEMPORARY WORKING STRIP OF LAND, TO USE AND OCCUPY SAID TEMPORARY WORKING STRIP FOR THE PURPOSE OF CONSTRUCTING A PIPELINE AND INCIDENTAL PURPOSES IN FAVOR OF SAN MARCOS COUNTY WATER DISTRICT, RECORDED FEBRUARY 13, 1986 AS FILE NO. 86-058612 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: ONE STRIP OF LAND 15.00 FEET OF EVEN WIDTH, SAID 15.00 FOOT STRIP OF LAND LYING NORTHERLY OF EASEMENT OF RIGHT OF WAY AS DESCRIBED IN PARCEL 2 ABOVE AND TWO STRIPS OF LAND 10.00 FEET OF EVEN WIDTH, SAID 10.'00 STRIPS OF LAND LYING ON EACH SIDE OF THE EASEMENT OF RIGHT OF WAY AS DESCRIBED IN PARCEL 1 ABOVE; THENCE SOUTH 72°32'47" WEST 144.96 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE 81.62 FEET THROUGH AN ANGLE OF 09°21'11" TO A POINT ON THE EASTERLY LINE OF RANCHO AGUA HEDIONDA AS SAID RANCHO LINE IS SHOWN ON UNITED STATES GOVERNMENT SURVEY OF TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, APPROVED SEPTEMBER 17, 1915, DISTANT NORTH 02°38'10" WEST 690.82 FEET FROM CORNER NO. 5 OF SAID RANCHO, BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING EASTERLY TO SAID POINT "A"; THENCE NORTH 72°32'47" EAST 425.99 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 138.00 FEET THROUGH AN ANGLE OF 150 48'48"; THENCE TANGENT TO SAID CURVE NORTH 56°43'59" EAST 48.56 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE 134.26 FEET THROUGH AN ANGLE OF 33 0 17'41"; THENCE TANGENT TO. SAID CURVE SOUTH 84°48'20" EAST 381.08 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 236.89 FEET THROUGH AN ANGLE OF 67°51'51"; THENCE TANGENT TO SAID CURVE NORTH 27°19'49" EAST 70.07 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 123.96 FEET THROUGH AN ANGLE OF 38°24'31"; THENCE TANGENT TO SAID CURVE NORTH 55°44' 20" EAST 53.12 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 100.41 FEET THROUGH AN ANGLE OF 140 23'00"; THENCE TANGENT TO SAID CURVE NORTH PAGE 17 _ -r _\ \1 t k I ~ .,. (- e- , -/ , I = 1991-1992 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09029 222-010-02 $31,597.83 PAID $31,597.83 PAID $6,058,800.00 $-0- $-0- AFFECTS PARCELS 1 AND 2. CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: AFFECTS PARCEL 1. CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: AFFECTS PARCEL 1. CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: AFFECTS PARCEL 1. 09025 222-011-06 $20,636.76 PAID $20,636.76 PAID $3,794,400.00 $-0- $-0- 09029 222-012-01 $14,416.97 PAID $14,416.97 PAID $2,738,700.00 $-0- $-0- 09029 222-012-02 $10,581.51 PAID $10,581. 51 PAID $2,019,600.00 $-0- $-0- PAGE 20 -e ORDER NO. 1043792-6 , \: I .U I = 1991-1992 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: AFFECTS PARCEL 1. CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: AFFECTS PARCEL 1. CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: AFFECTS PARCEL 3. CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: AFFECTS PARCEL 3. 09025 221-012-08 $3,493.90 PAID $3,493.90 PAID $652,800.00 $-0- $-0- 09029 221-010-18 $18,068.91 PAID $18,068.91 PAID $3,488,400.00 $-0- $-0- 09027 215-031-04 $13,431.76 PAID $13,431.76 PAID $2,499,000.00 $-0- $-0- 09037 215-030-09 $1,505.31 PAID $1,505.31 PAID $290,700.00 $-0- $-0- PAGE 21 ·e· ORDER NO. 1043792-6 " -\ -\ \1 I k I , '\'-~ LEGAL DESCRIPTION • -- ORDER NO. 1043792-6 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 SECTION 18 AND 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 2 INCH IRON PIPE WITH A DISC MARKED "RCE 9416", ACCEPTED AS THE NORTHWESTERLY CORNER OF LA COSTA MEADOWS UNIT NO.3, ACCORDING TO SAID MAP NO. 7076; THENCE NORTH 0°52'06" EAST ALONG THE WEST LINE OF SAID SECTION 19, A DISTANCE OF 1337.52 FEET; THENCE NORTH 0°03'46" WEST A DISTANCE OF 565.88 FEET TO A POINT IN THE ARC OF A NONTANGENT 2000.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 8°39'55" EAST; THENCE LEAVING SAID WESTERLY LINE OF SECTION 19, EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°29'25" A DISTANCE OF 575.62 FEET; THENCE NORTH 64°50'40" EAST 1165.58 FEET TO THE BEGINNING OF A TANGENT 2000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21 ° 00' 00" A DISTANCE OF 733.04 FEET; THENCE NORTH 85°50'40" EAST 92.05 FEET; THENCE NORTH 4°09'20" WEST 688.38 FEET; THENCE NORTH 85°50'40" EAST A DISTANCE OF 749.94 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH 0 ° 2 0' 4 6" EAST ALONG SAID EAST LINE A DISTANCE OF 498.91 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 18; THENCE NORTH 0°42'37" WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER A DI STANCE OF 291. 42 FEET; THENCE LEAVING SAID EAST LIEN NORTH 16°13'00" WEST A DISTANCE OF 1640.18 FEET TO THE CENTERLINE OF ROAD SURVEY NO. 757, PALOMAR AIRPORT ROAD; THENCE NORTH 68°33'29" EAST ALONG SAID CENTERLINE A DISTANCE OF 802.54 FEET TO THE BEGINNING OF A TANGENT 6000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°39'05" A DISTANCE OF 591.81 FEET; THENCE NORTH 74°12'34" EAST A DISTANCE OF 454.40 FEET TO THE BEGINNING OF A TANGENT 3000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0 ° 52' 58" A DISTANCE OF 46.22 FEET TO THE EAST LIEN OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 18; THENCE SOUTH 0°39' 40" WEST ALONG SAID EAST LINE A DISTANCE OF 2492.52 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE SOUTH 0°08'36" WEST ALONG THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER A DISTANCE OF 2670.01 FEET TO A 2 INCH IRON PIPE MARKED ACP 1927 ACCEPTED AS THE SOUTHEAST CORNER OF THE WESTERLY PAGE 22 , .; I /. • • ORDER NO. 1043792-6 HALF OF THE NORTHEAST QUARTER OF SECTION 19; THENCE NORTH 89°45'16" WEST ALONG THE SOUTH LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER A DISTANCE OF 1308.48 FEET TO THE NORTH-SOUTH CENTERLINE OF SECTION 19; THENCE SOUTH 0°20' 46" WEST ALONG SAID NORTH-SOUTH CENTERLINE A DISTANCE OF 1336.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH 89°46'50" WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER TO AND ALONG THE NORTH BOUNDARY OF SAID LA COSTA MEADOWS UNIT NO.3, MAP NO. 7076, A DISTANCE OF 3097.45 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION GRANTED TO THE CITY OF CARLSBAD BY DEED RECORDED FEBRUARY 24, 1977 AS FILE NO. 77-068081 OF OFFICIAL RECORDS. PARCEL 2: THE NORTHWEST QUARTER OF THE TOWNSHIP 12 SOUTH, RANGE 3 WEST, THE COUNTY OF SAN DIEGO, STATE STATE GOVERNMENT SURVEY THEREOF. PARCEL 3: SOUTHEAST QUARTER OF SECTION 19, SAN BERNARDINO BASE AND MERIDIAN, IN OF CALIFORNIA, ACCORDING TO UNITED I ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN,'IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING NORTHERLY; NORTHWESTERLY AND NORTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 24; THENCE NORTH 89°37'47" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2635.50 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 0°42'05" EAST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2277.33 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE LEAVING SAID WEST LINE SOUTH 89°17'44" EAST A DISTANCE OF 480.00 FEET TO THE BEGINNING OF A TANGENT 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57 ° 17 I 44" A DISTANCE OF 750.00 FEET; THENCE SOUTH 32°00'00" EAST A DISTANCE OF 425.00 FEET TO THE BEGINNING OF A TANGENT 700.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; . THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°20'00" A DISTANCE OF 236.20 FEET; THENCE SOUTH 51°20'00" EAST A DISTANCE OF 440.25 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 82°18'00" A DISTANCE OF 215.46 FEET; THENCE NORTH 46°20'00" EAST A DISTANCE OF 82.83 FEET TO THE BEGINNING OF A NON-TANGENT 900.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29°32'00" A DISTANCE OF 463.91 FEET; THENCE SOUTH 73°10'00" EAST A DISTANCE OF 120.00 FEET TO THE BEGINNING OF A TANGENT 900.00 FOOT RADIUS CURVE, CONCAVE PAGE 23 . " '" i I .. , -• -•...... ORDER NO. 1043792-6 NORTHERLY SAID CURVE BEING THE PROLONGATION OF A 900.00 FOOT CENTERLINE RADIUS OF EL FUERTE DRIVE AS SHOWN ON MAP NO. 7076, LA COSTA MEADOWS UNIT NO.3; THENCE EASTERLY ALONG THE ARC OF SAID 900.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 1 0 44' 50" A DISTANCE OF 27.45 FEET TO A POINT IN THE BOUNDARY OF SAID MAP NO. 7076, SAID BOUNDARY BEING ALSO THE EAST LINE OF THE AFOREMENTIONED SOUTHEAST QUARTER OF SECTION 24. PAGE 24 C i~,""ii t)lj,,16tl'b .~ CITY OF CARLSBAD '.6 . . f \ 1 I 1200 CARLSBA~LLAGE DRIVE ..'CARLSBAD, 1!l'LIFORNIA 92008 434·2867 REC'D FROM I : 1(1 i-f' 11 ~/t1 r r Ll J!U1' i , ..... DATE ,I ........ 0 t (t V " ...... T ...... ..... 1 ~~ ... ~ .... / , !.. ,.' f I ''--' ~ 17l1!~ ~.lr l ~~til ':1';~ IJVV.1. t}.!. V;:' ACCOUNT NO. DESCRIPTION C-PF.:MAMOUN·E)'l. J,',. (j ---Il)~ JJ PIA J .., (I.:.J l) tt II I .1. f: /;} .,:1 /1 ('4 j..j ..... , -. -.. . . 1,. • . -, . .... /tf) rll4 i r d9J ~.t.. " -.1 :r 'v . ~1-·q~-/1/ /Jr) f1-q il.w, /) '"; .... f.';r 4 ~ ... /J""" tJ /JA (/ I-I'" ~ .... . -.e ; i .. .~ , .... ... f/JP 9("./-/) / ..... " -< f ,. I RECEIPT NO. 1 NOT VALID UNLESS VALIDATED BY TOTAL )(/1 I I......, I ,/ . 15_47 <1) Printed on ~yc1ed paper. :;.7 •. /,' /'~I CASH REGISTER • • ... ...•• ...... "."...... ...... .... • ... " ..•..•. ' ....... ~""'.~ .. ~.,-,-,. '..L' .......:-'""'---"-• .....:.., .. ------... ....... " __ • ~~---.... ......... .... -.." 'or' • _",.., //)("~ 5"-/ J.2.. .. CITY OF CARLSBAD "- ' . \ '1200 CARLSBA~ILLAGE DRIVE . CARLSBAD, IFORNIA 92008 438-5621 31313 07/14/93 0001 01 02 ACCOUNT NO. DESCRIPTION C-'PR11TAM OU'N,IQ .. {)o L ... " I / :',/1(, j( It, If Cr9? -/tP' 7.) ;Z r :~(1 ., f ..... (. ~ I Pt)O q 7-/f7 /1 I tfJ J..:<' :(76 , ..... .~ , £IA 1 $!.t1 :t{./) . I PFJ.-:5/"1(1/1 ;«4 I //;;rr £:. /1.A k-0/') ") I ( -, L;C:f (It! lJlr -101 d. lJ 7ViJ~ . .1-I /hl I'l .t '1 J 1'1""1 -' ...... , 'J ;'; ; -1I.¥ ,1.1./ //I/..tl." ... / , -"£IIr~;;7 tf!k'!fzoo I071fL.; ~7()2-0. 00 I I , e)-, I ~ RECEIPT NO. 1397 TOTAL '1 l ~~:...{". \ ® Pnnted on recycled paper, a&L~- • '.' •.• ' . ,-_ .• ~_~. -'='''~' .~~~"--'-'--'¥7"'-l--';;,'"'"'-. ~-,-( ___ ) ___ I (-,--,? __ U_-J • PLEASE NOTE: 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 st rt upon the date of the completion letter. Applicant Signature: Date: I~ Er73 Staff Signa~tr :. ~aPled with receipt to Copy for fi 1 e , ... application . ,,;1 . , • .' • City of Carlsbad _ iI fi i ,i , ii, t •• -14 · G j • ; ; .t4 ;S • 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 COMMnTEE. (Please Print) :! The followtng information must be discloseg,:_ i-1. l" i,; r: 'ii' 2 I, • 'U' I, '/ Applicant U::t the names and addresses of all persons having a financial interest in the application. T.&W Inyestmenfs -Inc • dha Continental Homes 12636 High Bluff Drive Suite 300 San Diego, CA 92130 Owner List the names and addresses of all persons having any ownership interest in the property involved. Rancho Carrillp. Jnc. 12636 High Bluff Drive Suite 300 San Diego, CA 92130 , . .. : .. I. " ., :, " '/: i ; I: .J: r : ~ fI' " :i,' 'I' , 3. .If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4, c If any pers9n identified pursuant to (11 or (2} above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. - FRMOOO13 8/90 2075 Las Palmas Drive • Carlsbad, California 92009-4859 .' (6.19) 438-1161 ,! '') , i i.I :1 , I , , i I • ,'.: :1 ~_" I / I, I' ,I (Over) Disclosure Statement Page 2 5. Have you had more than 5250 worth 'of business transacted with any member of City staff, Boare Commissions, Committees and Council within the past twelve months? Yes -..:. No -K.. If yes, please indicate person(s) _________________ -l ~ is d.fined u: 'Arrt individual. lirm. copartnership. jointv.rrture. auociatlon. 5Q(;ial club. fratemal org-anization. corporation •• state. trust . r~.lVer. syndic.ate. lhi. and any otrl.r county. crt( and county. crt( municIpality, distnc:t or other political subdivision. or any otrl.r grouc or combination acting u a unit" ' 011,&: ~~~~=t-Jil. OSignar.ure of n I ~Alt,h H.e¥ J. c.A~ ~ > Rancho Carrillo Inc. Print or type name at owner FRM 13 4/91 :::~Vf S;~dat. . .tlA "r~hl'" e..,,' J. t,t, % hoe r) L&W Investments -inc, ::'aba:".:Continenata1li.:Hemes Pnnt or type name of applicant Page 2 of2 o ee PROJECT oeSCRIPTION/EXPLANATION PROJECT NAME: Corr;//o ~()/)c.h ",-/Ioae Q APPLICANT NAME: __ C.;....;o;....;;.II.:.....-f=-..:/-=.·;}..:;..e"';.....-h=o ....... I_..:..:fA'--o-'-"".-;;e'-'s _____________ _ Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. /' Rev. 4111 ProjOHC.frm \ ee ee 15. VILLAGE 0 a. Description Village 0 is located south and west of Melrose A venue with Village N to the south and Rancho Carrillo Park located on the western boundary. Village 0 has a gross area of 18.3 acres and a net developable area of 13.0 acres. This village will offer views into the valley, Rancho Carrillo Park and towards the west. b. Use Allocation General Plan Land Use RLM (0-4 dulac). Growth Management allows 41 units, however, per Section E.l of Chapter 2 of this Master Plan, Village 0 may be developed with up to 51 dwelling units at a density of 3.9 dulac which is within the density range of the RLM General Plan designation. c. Product Type Single Family d. Special Design Criteria All community-wide design standards described in the Community Development Standards section of this Master Plan shall be implemented in this planning area. The following specific guidelines shall be included in this planning area: • • .--- • • Whenever possible units should be designed to take advantage of the views offered by this village. All units within this village shall maintain a minimum 50 foot setback from Melrose Avenue. The noise generated from Melrose A venue shall be mitigated per current City of Carlsbad Noise Ordinance or Policy. Development in the northern portion of this village shall be designed to be compatible with the Rancho Carrillo Park. Portions of Village 0 will be designed in conformance with the requirements of the Special Park Design District. 159 -------~-===='---- I , .... - -••. _-l '0 ........ ' . STATE.l.,IENT OF AGREE.\iENT T E ~ T A Tr V E SUS 0 I V I S ION \i A P CITY OF CARLSBAD The Subdivision .\fap Ac: and the Carlsbad \~unici.cal Coce set~ a fifty (501 day time restriction on Plannlna Commission processing of Ten"!atiYe .\faps and a Jhirty (3D) day time limrt for City Ccu.ncil ac!ion. These time limits can! only be extend?d by the mutual concurrence of the applicant and the City. By accepting applications for Tentative ,'.1aps cOf!currently .'r'iith applications {or other approvals which are .crerequisi~es to the map; I.e., ErtvironmentaJ Assessment. Environmental Impact Report, Conccminium Plan, Planned Unit Oeve!ccment, etc., the fifty {SO} cay time limit~ and the thirty (30) day time u'r.:it~ are often exceeded. If ycu wish to have -your.application processed concurrently, this agre-emen~ must ce signed by the applicant or his asent. If you choose not to sign the state!T!e.'1t, th~ City will not rccept your application for the Tentative .'r1ap until all prIor necessary etltitlemen ts have ceen processed and approved. T~e undersigned understands that the praces~ing tim7 required by the City may exceed the time limits, therefore the· underSIgned agrees to e;x~end the time I(mits for Planning Commission and City Coun'cil action and fully ~ancurs with any extensions of time up to one year from the date the application was accepted as compJe·tc to prap'erly review all of the applications. ~ ~Y.lII(),J~ ~~.' .. .,: . . tiP-. Signature ~- Chris Chambers Nam~ (Print) FORM: PLANNING 37. REVISED 3180 . ' Owner Rela tionship to Applica tion (Property Ow ner-Asen t) -. '4 •• .:". .. • APPUCATION REQUIREMENTS FORe TENTA1WE TRAer MAPS (AND REVISIONS) TENTA'I1VE PAReR!: MAPS CONDOMINIUM PQMITS PLANNRD DRYBIPPMEN'r PERMITS (FOR RESIDEN11AL PROJECI'S ONLY) o 1. Ten (10) copies of the tentative map/condominium site plan prepared on a 24" x 36" sheet(s) and folded into 81h x 11" size. .mmt~tt.1:_ of the tentative tract map/condominium site plan shall be submitted by die applicant upon request of the project planner prior to project approval. Each tentative map shall contain the following information: L GENERAL INFORMATION: o o o FRM003 A. B. C. D. E. F. H. I. J. 10/92 Name and address of owner whose property is proposed to be subdivided; and the name and address of the subdivider; Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps; North arrow; Scale; vicinity map; Date of preparation/revisions; Classification of lots as to intended residential, commercial, industrial or other uses; Tentative Map number in upper right hand comer (City to provide number at time of application). Number of units to be constructed when a condominium or community ~~ involved; Total number of lots proposed. Name of sewer and water district providing service to the project. Average Daily Traffic generated by the project broken down by separate uses. Page 1 of 8 K. N efSch 10" 'din ' .• , ame 0 00 lStnct proVl g servu:e to tfie project. 1.. Proposed density in lots or dwelling units per acre. M. Existing Zone and General Plan Designation. N. Site acreage, IT. SITE INFORMATION: o o o o o o o o o o o o FRMOO3 A. General 1) Approximate location of existing and proposed building and permanent structures; 2) Location of all major vegetation, showing size and type; 3) Location of railroads; 4) Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data); 5) Lot lines and approximate dimensions and number of each lot; 6) Lot area for each proposed lot. 7) Setback dimensions for the required front, rear and side yard setbacks for all structures; 8) Indicate top and bottom elevations for all fences, walls, and retaining walls. Show these elevations at each end of the wall and in the middle. Also show the worst condition elevation. 9) Show site details for all recreation lots or areas (when applicable). 10) Total building coverage for lots with proposed structures. B.. Streets and Utilities '~-t"'':: .-1) -.--' 2) 10/92 The location, width and proposed names of all streets within and adjacent to the proposed subdivision, show proposed street grades and centerline radii. Provide separate profile for all streets with grades in excess of 7%. Streets should be in conformance with City Standards and Engineering Department Policies. (Especially Policy Numbers 1 and 22) Name, location and width of existing adjacent streets and alleys. Page 2 of 8 o o o o o o o o o o o o o o d . 2. FRMOO3 3) • Typical street section for all adjacent lets and streets within the project. 4) Width and location of all existing or proposed public or private easements. 5) Public and private streets and utilities clearly identified. 6) Show distance between all intersections and medium and high use driveways. 7) Clearly show parking stall and isle dimensions and truck turning radii for all parking areas. 8) Show access points to adjacent undeveloped lands. 9) Show all existing and proposed street lights and utilities (sewer, water, major gas and fuel lines, major electric and telephone facilities) within and adjacent to the project. 10) Show all fire hydrants located within 300 feet of the site. C. Grading and Drainage 1) 2) 3) 4) S) Approximate contourS at l' intervals for slopes less than 5%, 2'- intervals for. slopes between 5% and 10%, and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100 foot perimeter of the boundaries of the site. Existing onsite trees; those to be removed and those to be saved. Earthwork volumes: cut, fill, import and export. Spot elevations at the comers of each pad. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. Location, width and! or size of all watercourses and drainage fadlities within and adjacent to the proposed subdivision; show location and approximate size of any proposed detention/retention basins. 6) Clearly show and label the 100 year flood line ,for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. One (1) copy of 81/2· x 11" reduced site plan and building elevations • 10/92 Page 3 of 8 · ..' .. o 3. One (1) copy of 8 1/2-X 11" location map (suggesteJllllrale 200" -vicinity maps on the site plan are not acce.ptable). o ~\~ Environmental Impact Assessment Fonn (separate fee required). Required for fP.'jJ'f) tentative parcel maps only where significant grading is proposed. Check with /'f /l \ \~ Planning staff to determine if required for your application. ~ S. I,Puq1;iC Facility Agreement: Two (2) copies: One (1) notarized original and one(l) 1D fY5~v~~~odUCed copy. (Separate fee required). o 6. Disclosure Statement. (Not required for tentative parcel maps.) 7. Property Owners' Ust and Addressed Labels TO BE HEARD BY THE DECISION MAKING BODY, THE PROJECI' PLANNER WILL CONTACI' THE APPU~ AND ADVISE HIM TO SUBMIT THE RADIUS MAP. 'tWO SETS OF TIlE PROPERlY OWNERS UST AND LABELS. TIlE APPUCANT SHAll. BE REQUIRED TO SIGN A STATHMENT CER1'lFYING 1HAT nIB INFORMATION PROVIDED REPRESENTS nIB lATEST EQUAIJZED ASSESSMENT ROllS FROM nIB SAN DffiGO COUNIY ASSESSOR'S OFFICE. THE PROJECI' WILL NOT GO FORWARD UNTIL THIS INFORMATION IS RECEIVED. -A typewritten list of names and addresses of all property owners within a 600 foot radius of subject property (including the applicant and/or owner) except for all Tentative Parcel Maps which shall submit a list utilizing a 300 foot radius pursuant to Section 20.24.115 of Title 20. The list shall include the San Diego County Assessors parcel number from the latest assessment rolls. -Two (2) separate sets of mailing labels of the property owners within a 600 foot radius of subject property except for Tentative Parcel Maps which shall utilize a 300 foot radius. For any address other th.an single family residence. apartment or suite number must be included. 00 NOT lYPE ASSESSOR'S PARCEL NUMBER ON LABELS. 8 •. 600 Foot Radius Map (300 foot ra~us for Tentative Parcel Maps) A map to scale not less than 1" = 200' showing each lot within 600 feet of the 2 1aoundaries of the subject property. Each of these lots shall be consecutively n_ ~. and. correspond with the property owner's list. The scale of the map may be r -aced-to • scale acceptable to the Planning Director if the required scale is impracik:.l~ For Tentative Parcel Maps, a map to scale on an 8 1/2 1: 11 inch sheet, showing each lot within 300 feet of the exterior boundaries of the subject project. 9. Preliiniruuy Hydrology map and calculations for lots exceeding one acre. Show before and after discharges to each including drainage basin. FRMOO3 10/92 Page 4 of 8 10. 11. o 12. o 13. d". 14. d 15. 0 0 0 0 0 0 0 0 0 0 0 0 FRMOO3 • • Three (3) copies of the Preliminary Title Report (current within the last six (6) monthS). Proof of availability of sewer if located in the Leucadia County Water District or the Vallecitos Water District. School District letter indicating that school facilities will be available to the project. Colored Site Plan and Elevation Plan (Not required with first submittal and not required for tentative parcel maps). -It is the Applicant's responsibility to bmg one (1) copy of a colored site plan and one (1) copy of a colored elevation to the Planning Department by Noon eight (8) days prior to the Planning Commimon meeting. Do not mount exhibits. Statement of agreement to waive tentative subdivision map time limits. Required for tentative maps only when project requires concurrent processing of planning application, or environmental review. Constraints Map At the same scale as other exlubit (ie., Tentative maps, Site Plan, etc.). (24" x 36") folded to 8 1/2" x 11" shall include the following information: (Note: this information is not required for previously gmded sites and the conversion of existing structures.) If the constraint does not apply to the property, list it on the map as not applicable. (1) Major ridge lines (2) Distant views (3) Internal views (4) Riparian or woodlands (5) Intermittent drainage course (6) 25 -40% slopes (7) Slopes 40% and above (If: Major rock outcroppings (9) Easements (10) Floodplains (11) Archaeological sites (12) Special planning areas -type of special planning area 10/92 Page 5 of 8 o o o o o o o ~ 16. Ail FRMOO3 (13) (14) (15)- (16) (17) (18) Bio~ Habitats. lndicate the location of c~ sage scrub and chaparral plant communities existing on the site Beaches Permanent bodies' of water Wetlands Land subject to major power transmission easements Railroad track beds. All projects must evaluate their potential impacts on the regional transportation system, including the costs of mitigating the associated impacts, as required by the SANDAG Congestion Management Program (CMP). For projects with an average daily traffic (ADT) generation rate greater than 500 vehicles per day Q! 200 or more peak-hour vehicle trips: Submit two (2) copies of a Circulation Impact Analysis for the project. The analysis must be prepared by a Registered Traffic Engineer or Registered Civil Engineer. The analysis must show project impacts to all intersections and road segments identified as impacted within the included Local Facilities Management Plan or as otherwise determined in discussions with staff. The following minimum information- should be included with the study: a) 8 1/2" x 11" or 8 1/2" x 14" plats showing zone impacted roads, background and project AM and PM peak hour impacts and traffic distribution. b) Project traffic generation rates and traffic assignment. c) Necessary calculations and! or analysis to determine intersection and road segment levels of service. d) Any proposed mitigation requirements to maintain the public facility standards. e) On Collector streets and above, an analysis of the need for a traffic signal , will be required. ....... projects: Any project which, upon its completion will be expected to generate either an equivalent of 2,400 or more average daily vehicle trips Q[ 200 or more peak-hour vehicle trips, including large projects that may have already been reviewed under CEQA but require additional local discretionary actions, is defined . as a "large project under the SANDAG Congestion Management Program (CMP) and will be subject to enhanced CEQA review as specified in the CMP. Depending upon the complexity of the project, the City of Carlsbad reserves the right to require a traffic study on any project. 10/92 Page 6 of 8 o 17. o 18. o 19. o 20. o 21. o 22. Noise Study tnsistent with the PlamUng Dep~~trative Policy No. 17 when applicable. (See Policy #17). Two copies of preliminary soils/geologic report for all project with cut or fill depths exceeding 5 feet. For all condominium conversions, a signed statement by the owner stating Section 66427.1 of the State Map Al:.t will be complied with.. For all condominium conversions, a letter from San Diego Gas and Electric company stating that plans to convert the gas and electric system to separate systems have been submitted and are acceptable. For all condominium conversions, one copy of a compliance inspection perfonned by the Building Department. (Separate fee required.) For all condominium and planned development projects, ten (10) copies of a preliminary landscape plan (four (4) copies for projects with four or fewer units) on a 24" x 36" sheet(s) folde~ to 8 1/2" x 11". size. :.!m~;J.I?=li$eetl of the landscape plans shall be subIIlltted by the applicant upon request ot tne project planner prior to approval of the project. The scale should be consistent with all other exhibits. Each landscape plan shall include the following information: a. Landscape zones per the City of Carlsbad Landscape Manual. b. Typical plant species, quantity of each species, and their size for each planting zone in a legend (Use symbols). c. An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. d. Landscape maintenance responsibility (private or common) for all areas •. e. Percent of site used for landscaping. f. Water Conservation Plan. o 23. iac 111 condominium and planned deVelopment projects, ten (10) copies of the ~, elevations and floor plans (four (4) copies for projects with 4 or fewer ~l on a 24" x 36" sheet(s) folded to 8 1/2" x II" size. __ of the bldldtn. elevations and floor plans shall be submitted by the applicant upon request of the project planner prior to project approval. Each building elevation and floor plan shall include the following information: . a. Floor plans with square footage included. b. Location and size of storage areas. FRMOO3 10/92 Page 7 of 8 o o o d 24. 25. 26. 27. 28. 29. 30. FRMOO3 c. d. e. All Ags, structures,,,walls and/or fences,~ and exterior lights. Include a scale on all floor plans and building elevations. Indicate on all building elevations, compliance with Carlsbad Height Ordinance 21.04.065. SUBMIT ARCHITEcruRAL GUIDEUNE COMPLIANCE SUMMARY IF APPUCABLE (SEE COUNCIL POUCY NO. 44 FOR TIlE DEVELOPMENT OF SMALL LOTS, AS ATfACHED.) Photographs of the property taken from the north, south, east and west. Construction materials board and color samples (ie., roofing, exterior walls, pavement, glass, wood etc.) Pursuant to Section 21.45.040(6) of Title 21 applications for planned developments on properties designated or zoned for single family development shall be accompanied by a preliminary tentative map. This map shall illustrate how many standard lots conforming to applicable zoning and subdivision standards served by public streets could fit on the site. The design of this preliminary tentative map shall comply with all applicable City Ordinances and Standards except for the design standards of the Planned Development Ordinance. The applicant shall also submit maps, diagrams, plans and a report showing that the proposed planned development will result in superior residential development consistent with the purpose and intent of the Planned Development Ordinance. The density on the developed- portion of the planned development site shall be similar to and compattble with surrounding development. Signed "Notice of Time Limits on Discretionary Applications". Completed "Project Description/Explanation" sheet. Deposit for Publication Notices -See Fee Schedule for amount. ~--. .2!...:> • "ft IP.t-.... ~ 10/92 Page 8 of 8 • APPUCATION REQUIR.EMEN1'S FOR tit TENTA1lVE TRAer MAPS (AND REVISIONS) TENTATIVE PARCEL MAPS CONDOMINIUM PERMITS. PLANNED DEVELOPMENT ·PERMITS (FOR RESIDENTIAL PROJECfS ONLy) o 1. Ten (10) copies of the tentative map/c.ondominium site plan prepared on a 24" x 36" sheet(s) and folded into 81h x 11" size. Dillelll of the tentative tract map/condominium site plan shall be submitted by the applicant upon request of the project planner prior to project approval. Each tentative map shall contain the following information: I. GENERAL INFORMATION: ci FRM003 A. Name and address of owner whose property is proposed to be subdivided,. and the name and address of the subdivider; B. Name and addreSs of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps; C. North arrow; D. Scale; vicinity map; E. Date of preparation/revisions; F. Classification of lots as to intended residential, commercial, industrial or other uses; G..; Tentative Map number in upper right hand comer (City to provide number at time of application). H. Number of units to be constructed when a condominium or community apartment project is involved; Total number of lots proposed. I. J. 10/92 Name of sewer and water district providing service to the project. Average Daily Traffic generated by the project broken down by separate uses. Page 1 of 8 • K. Name of School District providing service to the project. I... Proposed density in lots or dwelling units per acre. ~,CJ dv./(?j(;. per-~~ Pl.:w\, M. Existing Zone and General Plan Designation. N. Site acreage. n. SITE INFORMATION: o o FRMOO3 A. General 1) Approximate location of existing and proposed building and permanent structures; 2) Location of all major vegetation, showing size and type; 3) Location of railroads; 4) Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data); 5) Lot lines and approximate dimensions and number of each lot; 6) Lot area for each proposed lot. 7) Setback dimensions for the required front, rear and side yard setbacks for all structures; 8) Indicate top and bottom elevations for all fences, walls, and retaining walls. Show these elevations at each end of the wall and in the middle. Also show the worst condition elevation. 9) Show site details for all recreation lots or areas (when applicable). 10) Total building coverage for lots with proposed snurtures. B. Streets and Utilities 10/92 1) The location, width and proposed names of all streets within and adjacent to the proposed subdivision, show proposed street grades and centerline radii. Provide 5epaxate profile for all streets with pdes in excess of 7%; Streets should be in conformance with City Standards and Engineering Department Policies. (Especlal1y Policy Numbers 1 and 22) t 0 -5 1 ~'O t 0 -c' 2) Name, location and width of existing adjacent streets and alleys. Page' 2 of 8 g @ o o 2. FRM003 • e 3) Typical street section for all adjacent streets and streets within the project. 4) Width and location of all existing or proposed public or private easements. 5) Public and private streets and utilities clearly identified. 6) Show distance between all intersections and medium and high use driveways. 7) Clearly show parking stall and isle dimensions and truck turning radii for all parking areas. 8) Show access points to adjacent undeveloped lands. 9) Show all existing and proposed street lights and utilities (sewer, water, major gas and fuel lines, major electric and telephone facilities) within and adjacent to the project. 10) . Show all fire hydrants located within 300 feet of the site. C. Grading and Drainage 1) Approximate contours at l' intervals for slopes less than 5%, 2'- intervals for slopes between 5% and 10%, and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100 foot perimeter of the boundaries of the site. Existing onsite trees; those to be removed and those to be saved. 2) 3) 4) 5) 6) Earthwork volumes: cut, fill, import and export. Spot elevations at the comers of each pad. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. Location, width and! or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision; show location and approximate size of any proposed detentioIV'retention basins. Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. One (1) copy of 81/2-x lr reduced site plan and building elevations. 10/92 Page 3 of 8 CITY OF CARLSBAD -ENGINE~NG DEPARTMENT ;LAND USE REVIEW DIVISION INITIAL REVIEW AND ASSESSMENT CHECKLIST .; ..; ./ ./ ,; ./ '10 0 ../ ,/ 'T .;-" NA NA- HA AA ~ t¥- . ../ ../ ..; j J TRAFFIC AND CIRCULATION Inadequate traffic projection provided Street level of serVice problems Intersection level of service problems Driveway problems Comer sight distance problems Non standard street improvements proposed Pedestrian circulation problems Offsite street improvements needed Street parking problems Intersection distance problems Cul-de-sac length problems ?11.S Parking aisles lack turnarounds Parking lot dimension inadequate Truck access inadequate Parking lot adequate circulation Private street widths not to code End space needs 5' side backup area Adjacent property access not considered Surrounding circulation conflicts exist Inadequate street/parking lot lighting Growth management circulation requirements not met Handicap ramps Other (list) LUROO20.APP 08/29/91 Third EXPLANATION 5\ \Jt-.l\T~ -610 ADT BSO ADT PRDJECrED A-r: It--tT. Of" 'o-A' ... 'Q--C' ~ ~ O~'(. LOT: W-lD DW'i ~'lCO"'(' -:,'ff%ef'~:tf 'O\~f:T" \.., L.Ot~ I~ -~\. !-IO\' '~'rJ'"l. S\Oi:WAUL REG'P , .... AZD}.l.."f CF -ocrr LeT ~\ u,O Wk() eeiVVeEw M~ ~ ~'G--:t' Sri. ')04 ~N ~WklVPstt'( ~ CN GDf~~ I~ -r.M. ~er wwr~ cot-.l51~1aJ,-r W / MAST6R.. PUMJ C.\R.CUIA"TIOfo-l. (£)~S\5"TelJ.'T W /MA5\6f! PLMl ~\. \...\bf.\'T to4EEVCD Pet 'D-~ CUV De. -Sp..c. {\:?t..o;f-.l~ECt:. '~ii PAGE: 7 , .j ,f ..; 10 ~ ..j I \ v ..; V 10 1(1 / ./ I ~ J ~ NA NA 'r---.. ./ / ./ J J SEWERAGE~ Easement widths not to standard Gravity flow not maintained All weather access not J..Iluvidt:d Offsite sewer UllP.UV' I~ntc: required Non-standard facilities lJiUIJU:;t:U Facilities not in compliance with sewer master plan Growth mana' It requiremem:; not met Other (list) ,. WATER FACIUTIES Fire hydrants not PIUpt:rly shown or located Water meter access problems Water line conflict with sewer line Water easements inadequate Offsite water facilities required Other (list) DRAINAGE Plupu;>cu desiltation controls inadequate Improper discharge of drainage into sewer system Erosion problems at p1vl-'v .... d outlets Overland flow exceeds City standard Excessive or nuisance flow at cross K\lueJ:S T d" f drainage .. llll!.i1Upt:l lverSlOn 0 prupu:;t:u Ribbon gutter propu:;t:d in parking lot Parking lot drains across sidewalk Inadequate site or lot drainage Inadequate drainage behind retainim!' wall Proposed drainage too close to strUcture Lot drainage not to street or ctpp.uved drainage course Excessive use of curb drains Narrow sideyard requires special design LUROO20.APP 08{29/91 W;;=TION '5' w'oe of..! LDt SS I~~~~.I ~~;';l.~ 'Qr ~u.o ~) W~( 5110W CD~IJEC\\OI-.t To E.:)(.l~ll~ 5eWE~ . EXPLANATION WA"Te~ e-~Et-I\~,. REG'!) 6'{ u::rr \ ~ 'Z.. ~~1'::,-( F'~~~A-~~ 1~~~ME~lS EXPLANATION L leeD' IG~ eo1'"'(61't.. tssr Ii'll. 0( '6"'e,..' -4-' &..-c , ~\\l \'fPl CA-\., U)"'[ \.?f2A1~,A-6G:. ~TA{\..I OJ~ DAAlt-.\S Pl?~60 O~ 1YTLe ~ee7 1''lf1(Al,.. to\' Y('-A (!J,&66 ~W? 5' MI~. f:j..retAV-D (N ~e17 L.e"('l8Z--~fJ\ 'bOILb ~&l~a=srz.,) PAGE: 8 ./ .,/ I J .; ./ ./ ./ ./ j ,/ J I ../ .j ./ J ./ ./ J ,j .; J d If 1 " ...) ./ Pad sites not }lLu}lu;)",d to surface • All weather access not provided to facilities Offsite drainage irnpru required Facilities not in rnmn1i:mrp with master drainage plan Easement widths not to standard Inadequate facilities proposed to handle upstre<j.m flows Encroachment into flood hazard area Failsafe over-flow not provided at sumps Growth management requirements-not met Urban Pollutant Mitigation Required Within Mello II -Onsite Retention Required Other (list) SOILS AND GEOLOGY Soils report inadequate for scope of work Site requires geologic review Geolo2'ic hazards not P1upcrly mitiCT::ttPci Excessive grading }lLu!-'u;)",d for site Onsite spoil/tul1uVV site nrnhlpm~ Cut and/or fill height problems Pl. 'Y ,~ .~ slopes exceed 2:1 standard In::tdeouate slope setbacks from site boundary Slope ~tahi1itv nrnhlpm~ exist Retaining or cribwall height problems Other (list) CONSTRUCTION. Offsite grading L"''-l.'';'l.",,, easement Site lacks adeouate construction ~ta<Ting area Construction Phasing l'!'oject~hasirL~ problems Offsite haula2'e into sensitive neighnc 'Inncl p1 Construction access problems Other (list) LUROO20.APP 08(29/91 ... ~Itb C.\-\EClL!/A+I\ 5\e1JC.-l\J~ES \15' ~MB-\i 5EH-'t--l\/ l.1JT 59 ~O WI'I\P5 EXPLANATION 16EO~ \CA-\" ~Ef"Otl.-l OA\'et/ PEe>. lb, \99~ ~D5UVe M\-r\(::;A--rIO~ AOO~!/ DIFACUL-1' -"(0 leu.. W JMA.?lfi~ ~ EXI-\1B>ITq, EXPLANATION t-lO u-r;:A(~ 6/ZAl7ll-lb Y~ .h • .".."" W\\..t..~vO-i:r eIP ~'5,"1a? c..'f !:See-'~1rl f?Y7 PAGE: 9 .tJ.Y j ./ j ~I\ J V J J 0 LAND1TILEW Utility easement conflicts exist Notice of violation on ~1 V~<::l.J Unpaid liens or taxes exist Assessment district lCC1~~V1L1V1Uu~nt lcy.ullcd Access to public resources not plvvidt:d Facilities reimbursement agrcculcllt exists Tide ReIJort hnllntl.~ry conflicts with site 2lan hn mrl:J.ry Other Gist) ~ ·FIElD CONDmONS Site £~an conflicts with field conditions ~til1ll1.!~!ic facilities dama~ed or inadequate Existing overhead facilities to be addressed lJti!ity conflicts with proposed impi.vvclucUL Major utility relocations required Other (list) GENERAL LOT REQUIREMENTS Lot width not per Code~quirements Lot area is less than required p~r L.V1UH~ Lot not fronting on dedicated public street 0; easement . Panhandle lot not to code Lot depth to width exceed 3:1 Lot~ep~ less than 90 feet MAPPING Recording in units Remainder Parcel Subdivision boundary bearings and distances Other (li~) LUROO20.APP 08/29191 ~ EXPLANATION EXPLANATION NO PAf\.I\.\-MJ Ol£'7 EXPLANATION l--\O"le -,....'/E~ A-PI--i'So i~ I.F:~ Vl= IGtVTlof-..b A1'l..g I~~T f'AlZ.-"t o~ 'T!kl5PeDJac,T- PAGE: 10 RECORDING REOUESTE.f AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 . J ) ) ) ) ) ) • Space above this line for Recorder's use Parcel No. 222-010-02 AGREEMENT BElWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBUC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 -- THIS AGREEMENT is entered into this 13th day of _~J.lCul:!o.l~~ __ "":"" __ ' 19~ by and between· L & W Investments dba Continentai Homes (name of developer-owner) a California Corporation. ,hereinafter referred to as "Developer" whose address (corporation, partnership, etc.) is 12636 High Bluff Drive, Suite 300 . San Diego, Caljfornja 92130 (street) (city, state, zip code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008- 1989. WIT N E SSE T H: WHEREAS, Developer is the owner of the real property described on Exhibit "AN, attached hereto and made a part of this agreement, hereinafter referred to as HProperty"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposed a developmenf project as follows: A tentative subdivision map and Planned Development for 51 lots on said Property, which development carries the proposed name of Carrillo Ranch Village 0 Form Approved By City Council July 2, 1991 Reso :/I 91-194/KJH 1 . and is hereafter. referred tce "Development"; and • WHEREAS; Developer filed on the ___ day of __________ , 19_, with the City a request for Tentative Map and Planned Development permit _____ --------------------hereinafter referred to as ·~equest"; and -WHEREAS, the Public Facilities Element of the City General Plan requires that the City . . Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 2, 1991, on file with the City Clerk and incorporated by this reference, and that th~ City's. public facilities and services. are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisD' the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. " NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 1.82% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant Form Approved By City Council July 2. '991 Reao # 91-194/KJH 2 '. "'." to Titles 18, 20 or 21 of the Carlsbad Municipal Code~ Developer shall pay' a fee for conversion of existing building or structures into condominiums in an amount not to exceed 1.82% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominiu~ conversion permit as provided in Chapter 21',47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock ,. : . ~ cooperative. The terms "other construction. permits·, "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, shall not refe,r t? grading permits or other p_ermits for the construction of underground or street improvements unless no other permit is necessary prior t~ the use or occupancy for which the , d~vel~~me~t is inte~ded. Developer shall pay the City a public facilities fee in ~e_ sum of $598 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad ~unicipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If D,eveloper offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer.' The time for donation and amount of credit a9ainst the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, ,when made, shall become a part of this agreement. Sites donated under this paragraph ,shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the D~velopment with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Form Approved By city CouncU July 2, 1991 Reao # 91-194JK.JH 3 Development shall be VO, No bundi~g or other construction pela or entitlement for use shan be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the fi~ancing of public facilities when the City Council determines the need exists to -provide the facilities and sufficient funds from the payment of this and similar public facilities fees . are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to .comply ,!"ith any. requirements of other public agencies as evidence of adequate public . . facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder· shall terminate in the event the Request made by Developer is not approved. 7. Any notic~ 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 eff~ctive for any purpose whatsoever unless served in one of the following mariners: 7.1 If notice is given to the City of personal delivery thereof. to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified". /' 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to -Developer at the address as many have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and City, and references to Developer or City herein shall be deemed to be a reference to and include their respective Form Approved By City Council July 2, 1991 Reso # 9.'-194/KJH 4 . . 'succ~sso,s and assigns lout specific mention 01. ~uch succes'rs: ;"'dassigns. K Develope,'" • 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. 9. This agreement shall be recorded but shall not create a lien or security interest in .. the Property. When the obligations of this agreement have been satisfied, City shall record a release. ." .. Form Approved By CIty CouncU July 2, 19;1 Reao # 91-194JKJH . . = ;.. 5 IN WITNESS WHEREt.thiS agreement Is execut9d In San .90 'County, California as of the date first written above. DEVELOPER-OWNER: ~ Wr;/Ib ,Ju... . BY~~VP Chris Chambers (print name) -. ,'.', = , (title) ,By ______________ _ , (signature) (print name) (title) ATTEST: ALETHA L RAUTENKRANZ, City Clerk APPROVED AS TO FORM: RONALD R. BAll, City Attorney By ____ ----------------Deputy City Attorney CITY OF CARLSBAD,' a municipal corporation of the State of California By __ ~ ________ ~~ __ MARTIN ORENYAK for City Manager (Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) Form Approved " By CIty Council July 2, 1991 Reao # 91-194/KJH 6 .' . . IN wiTNESS WHERI.this agreement is executed in sA ego County. California as of the date first written above. DEVELOPER-OWNER: ~Uvrr;l/b ,J.~. BY~~VP CITY OF CARLSBAD,' a municipal corporation of the State of California Chris Chambers (print name) .'. = (title) By ____________ ~~-- MARTIN ORENYAK for City Manager .By----------- . Jsignature) (print name) C~~~~~~~IA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 ;,... .c_:--,,~~:SSS;S:SSC:~--==""===-·~~~:::::S-3:O;:::33SS23S:""::;;S3SSSS2-C::SSSSSSS::--=:-::;S3SSS-:::-::--::-· State of Ca' \-90 rYJ\ Cl. } -OPTIONAL SEC~--f CAPACITY CLAIMED BY SIGNER Ii County of San D\ef1O Thf'l ~ugh stadtute does not require the Notary to .J I I In the ata below, doing so may prove On 1-\3·C13 beforeme Deb(a.~· 30nnWn nQtar~ pg \~v;luabletopersOnSreIYingOnthedocument. DATE <!"i' NAME, TITLE OF OFFICER -E.G., "JANE DO~, NOTARY PUBLIC: 0 INDIVIDUAL personally appeared 'Ei t 'nn: s -top ne..r"" :I. Q.harn ber-s [21' COR PO.,.. ~ OFFICER(S) NAME(S) OF SIGNER(S) )Z1 personally known to me -OR -0 proved to me on the basis of satisfactory evidence to be the person~ whose namey0 is/tlfe . subscribed to the within instrument and ac- 1·······OO*c···1 • • .-:. '. DEBRA A. JOHNSON :( l COMM. #962763 z i i. -,,; Notary Public -Californio ~ l' SAN DIEGO COUNTY .... .. • My Comm. Expires APR 01.1CX'~ 1 .............. knowledged to me that he/she/they executed the same in his/fler/tfl-e1r authorized capacity(tes], and that by his/A.er/tlieil signature~ on the instrument the person~, or the entity upon behalf of which the personfa1 acted, executed the instrument. WITNESS my hand and official seal. TITLE(S) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: ______ _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Sancho Car-yi} lOIIne, )~~~~R~~ --------------OPTIONAL SECTlrqON ---/ ... I"\-_---.. ~---.... ;lI!!n. THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENTMA-, ,-=ucve \oOif Dwnex'" e.., ~m, THE DOCUMENT DESCRIBED AT RIGHT: f/ ~ L' 't NUMBER OF PAGES 4 DATE OF DOCUMENT rJ -/ -53 !hough the data requested here is not required by law, It could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE _______________ _ -:::::-:-=:5.3:~=~~<;;:------'----::::<:;:~:.::iS~;:o.--~·-c:;ss:'3SSS:-'SSSSSSS;S22S~'---'--::-:::-~~-::'-:::~ ©1993 NATIONAL NOTARY ASSOCIATION· 8236 Remmet Ave., P.O. Box 7184' Canoga Park, CA 9130;7184 · .. .... ", .. Form ApprovtKt By City Council July 2, 1991 Reao # 91-194/KJH ./ •• : EXHIBIT -A· LEGAL DESCRIPTION 7 " ,', ·.I·RECORDING REQUESTED. AND ~ WHEN RECORDED MAIL TO: nne· * 199'7-1' 7/ C'il ,1'/9 • . if J 0 lkHL ) ) ) ) ) ) ) o iOU-1993 10=59 AM City Clerk 1235 OFFICIAL RECORDS SAN DIEGO COUNTY RECOF:OER'S OFFICE AHHETrE El'AriS, COUNH RE(O~'DER CITY OF QARLSBAb 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 RF: 12.00 FEES: 32.00 AF: . 19.00 tlF: 1. 00 Space above this line for Recorder's use Parcel No. 222-010-02 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO.1 THIS AGREEMENT is entered into this 13th day of_J_u_l_y _______ , 1993, byandbetween __ R_a_n_c_h_o_C_a_r_r_il_l_o~,_In_c_. ___________________ ___ (name of developer-owner) a California Corporation , hereinafter referred to as "Developer" whose address (corporation, partnership, etc.) is 12636 High Bluff Drive, Suite. 300 San Diego, California 92130 (street) (city, state, zip code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008- 1989. WIT N E SSE T 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 City; and WHEREAS, Developer proposed a development project as follows: _A_t_e_n_ta_t_i_v_e_ subdivision map and Planned Development for 51 lots on said Property, which development carries the proposed name of Carrillo Ranch Village 0 Form Approved By City .Council July 2, 1991 Raso II 91-194/KJH 1 CoT q3 -oCO . fuDct3 -07 '7 \ , I I f: i . ra and is hereafter referred to ~evelopment"; and WHEREAS, Developer filed on the /~day of _J_v--'-""'1-t-______ , 191:3, with the City a request for Tentative Map and Planned DevelQpment permit _:--__ -.,... _________________ .hereinafter referred to as '. "Request"; and . ; WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 2, 1991, on file with the City Clerk and incorporated by this reference, and that the City's. public facilities and services .are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satiSfY the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. /" NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to . exceed 1.82% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant Form Approved By City Council July 2. 1991' . ~so # 91·194!K.1H . 2 , . • • to Trtles 18, 20 or 21 of the Carlsbad Municipal Code; Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 1.82% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21',47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock ,:" :: :~ .. : cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobile home sites or projects, shall not .. refer t~' grading permits or other p_ermits for the construction of underground or street improvements unless no other permit is necessary prior t~ the use or occupancy for which the ,de.~el~pment Is inte~ded: Developer shall pay the City a public facilities fee in the_sum of $598 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid . prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad ~unicipal Code. 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If D.eveloper offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer.' The time for donation and amount of credit asainst the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph .shall not include . improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the D.evelopment with the City's General Plan. If the fee is .not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Form Approv&d By city Council July 2, 1991 Reao # 91-194/KJH 3 Development shall be VOid:! buildi~g or other i:on~truction per~ ·entitlement for us~ shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the fi!1ancing of public facilities when the City Council determines the need exists to -pr~vide the facilities and sufficient funds from the payment of this and similar public facilities fees , are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public " -, , . facilities and services sufficient t~ accommodate the needs of the Development herein described. 6. All obligations hereunder· shall terminate in the event the Request made by Developer is not approved. 7. Any notic~ 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 eft,ective for any purpose whatsoever unless served in one of the following mariners: 7.1 : If notice is given to the 'City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certifiect /' 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the a~dress as many have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefrt 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 Form Approved By City Council July 2, 1991 Aoao " 9.1-194!KJH 4 (jiIIa, }., . -" ' ,"wr" su~cessors and assigns withC?ut specific mention of, ~uch successors and assigns. If Developer' ' , , , $hould cease, to have any interest in the Property. all obligations of Developer hereunder shall terminate; provided. however. that any successor to Developer's interest i,n the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create, a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. Form Approv.d By CIty Council July 2, 1991 Reso # 91-194/K.JH = 5 CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT / State of Co.' 'forY)\a... County of 55.n D\90 } On 1~13-~3 before me bra... ~. 3oD'()Wn ~' NAME, TITLE OF OFFICER· E.G., "JANE DO ,NOTARY PUBLIC" DATE personally appeared ---,-g"",,---,,~::::...n!......!...Yl.~·.::::s:::....m=~F-n!.....!,-;er'~~:r~.~CJrJ~:...!fun~=-.!....be~~("~S~ __ _ NAME(S) OF SIGNER(S) rlJ perspnally known to me -OR -0 proved to me on the basis of satisfactory evidence /. to be the person0. whose name},s,) islar13 subscribed to the within instrument and ac-r·e ..... "" ... ~C:,·1 .. DEBRA A. JOHNSON ... ... .~ COMM. #%2763 i -: "': . 0 Notary Public -Colifomlo ~ . • SAN DIEGO COUNlY -L .. ' , My Comm. Expires APR 01.19;'.:.1 ........ 0 • ..,.0 •• MY! +964; knowledged to me that he/sRe/they executed the same in. his/her/the-ir authorized capacity(tes7, and that by his/l:tMftheir signaturefs7 on the instrument the person{s-), qr the entity upon behalf of which the person~ acted, executed the instrument. WITNESS my hand and official seal. No. 5193 -OPTIONAL SECTION -~ CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove \ ~Iuable to persons relying on the document. o INDIVIDUAL [21' CORPORATJ;...OFFICER(S) v·l~ TITLE(S) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: ______ _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RanC'nD Cary{) )OIInc. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT-,-,,,-+,~,-,-!....-l='-.L>-~:::::...!.~=-::"~-+~~l.!..-:..~---.~ NUMBEROFPAGES ___ :I~ _____ DATEOFDOCUMENT __ ~~~ __ 2=L-______ __ Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ________________________________ _ ©1993 NATIONAL NOTARY ASSOCIATION· 8236 RemmetAve., P.O. Box 7184· Canoga Park, CA 91309-7184 . " '. ,'. ' " " " ~:' :, ce'" ' ',', ':'~'" ': " .:, , ' ' IN WiT:N¢SS WHEREOF, 'this agre~ment is ex~cuted in San Diego County, California' as of the date first written above. DEVELOPER-OWNER: ~"Wr;l/b ,JIlL. ..... BY,~~Vp Chris Chambers (print name) '." : ..... , (title) ,~y ------------, (signature) (print name) (title) ArrEST: ~,~ ALETHA L RAUTENKRANZ, City Clerk APPROVED AS TO FORM: RONALD R. BAll, City Attorney BY·~ne~ I~~ CITY OF CARLSBAD,'a municipal corporation of the State of California MARTIN NYAK for City Man ger (Notarial acknowledgement of execution of DEVELOPER-OWNER must be attached.) Fonn Approved , By City Council July 2, 1991 Aeso # 91-194!KJH 6 '. .... .', , .. .: •...... . '. ". LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS.SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL ~: ALL THAT PORTION OF SECTION-18 AND 19, TOWNSHIP 12 SOUTH,' RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 2 INCH IRON PIPE WITH A DISC MARKED "RCE 9416", ACCEPTED AS THE NORTHWESTERLY CORNER OF LA COSTA MEADOWS UNIT NO.3, ACCORDING TO SAID MAP NO. 7076; THENCE NORTH 0°52'06" EAST ALONG THE l'lEST LINE OF SAID SECTION 19, A DISTANCE OF 1337.52 FEET; THENCE NORTH 0°03'46" WEST A DISTANCE OF 565.88 FEET TO A POINT IN THE ARC OF A NONTANGENT 2000.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL iLINE TO SAID POINT BEARS SOUTH 8 ° 3 9' 5.5" EAST; THENCE LEAVING SAID WESTERLY LINE OF SECTION 19, EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°29'25" A DISTANCE OF 575.62 FEET; THENCE NORTH 64°50'40" EAST 1165.58 FE~T TO THE BEGINNING OF A TANGENT 2000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21 ° 00' 00" A DISTANCE OF 733.04 FEET; THENCE NORTH 85°50'40" EAST 92.05 FEET; THENCE NORTH 4°09'20" WEST 688.38 FEET; THENCE NORTH 85°50'40" EAST A DISTANCE OF 749.94 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH 0 ° 2 0' 4 6" EAST ALONG SAID EAST LINE A DISTANCE OF 498.91 FEET TO THE SOUTHEAST CORNER OF THE SOUTHHEST QUARTER OF SAID SECTION 18; THENCE NORTH 0°42'37 11 WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER A DI STANCE OF 291.42 FEET; THENCE LEAVING SAID EAST LIEN NORTH 16°13'00" WEST A DISTANCE OF 1640.18 FEET TO THE CENTERLINE OF ROAD SURVEY NO. 757, PALOMAR AIRPORT ROAD; THENCE NORTH 68°33'29" EAST ALONG SAID 'CENTERLINJ;: A DISTANCE OF 802.54 FEET TO THE BEGINNING OF A TANGENT 6000.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL.ANGLE OF 5°39'05" A DISTANCE OF 591.81 FEET; THENCE NORTH 74°12'34" EAST A DISTANCE OF 454.40 FEET TO THE BEGINNING OF A TANGENT 3000.00 FOOT RADIUS CURVE CONCAVE SOUT~ERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0 ° 5 2 ( 58 11 A DISTANCE OF 46.22 FEET TO THE EAST LIEN OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 18; THENCE SOUTH 0 ° 39' 4011 \.;JEST ALONG SAID EAST LINE A DISTANCE OF 2492.52 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE SOUTH 0 ° 08' 3 611 WEST ALONG THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER A DISTANCE OF 2670.01 FEET TO A 2 INCH IRON PIPE }1ARKED ACP 1927 ACCEPTED AS THE SOUTHEAST CORNER OF THE WESTERLY Form Approv&d By City C<>uncll July 2, 1991 R8~ 11 91·1 94!KJH 7 .' I \, • \ ': I / .. ••• J • •• = ORDER NO. 1043792-6 HALF OF THE NORTHEAST QUARTER OF SECTION 19; THENCE NORTH 89 °45'16" WEST ALONG THE SOUTH LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER A DISTANCE OF 1308."48 FEET TO THE NORTH-SOUTH CENTERLINE OF SECTION 19; THENCE SOUTH 0°20'46" WEST ALONG SAID NORTH-SOUTH CENTERLINE A DISTANCE OF 1336.03 FEET TO THE SOUTHEAST CORNER OF' THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH 89°46'50" WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER TO AND ALONG THE NORTH BOUNDARY OF· SAID LA COSTA MEADOWS UNIT NO.3, MAP NO. 7076, A DISTANCE OF 3097.45 FEET TO THE POINT OF BEGINNING, ; EXCEPTING THEREFROM THAT PORTION GRANTED TO THE CITY OF CARLSBAD BY DEED RECORDED FEBRUARY 24, 1977 AS FILE NO. 77-068081 OF OFFICIAL RECORDS. PARCEL 2: THE NORTHWEST QUARTER OF THE TOWNSHIP 12 SOUTH, RANGE 3 WEST, THE COUNTY OF SAN DIEGO, STATE STATE GOVERNMENT SURVEY THEREOF. PARCEL 3: SOUTHEAST QUARTER OF SECTION 19, SAN BERNARDINO BASE AND MERIDIAN, IN OF CALIFORNIA, ACCORDING TO UNITED ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, "IN·THE COUNTY OF SAN DIEGO~ STATE OF CALIFORNIA, LYING NORTHERLY; NORTHWESTERLY AND NORTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 24; THENCE NORTH 89°37'47" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2635.50 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 0°42'05" EAST ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2277.33 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE LEAVING SAID WEST LINE SOUTH 89 ° 17' 44" EAST A DISTANCE OF 4 8 0.00 FEET TO THE BEGINNING OF A TANGENT 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57°17'44" A DISTANCE OF 750.00 FEET; ... THENCE SOUTH 32°00'00" EAST A DISTANCE OF 425.00 FEET TO THE BEGINNING OF A TANGENT 700.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; . THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19 ° 2 0' 00" A DI STANCE OF 236.20 FEET; THENCE SOUTH 51°20'00" EAST A DISTANCE OF 440.25 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 82 ° 18' 00" A DISTANCE OF 215.-46 FEET; THENCE NORTH 46 ° 20' 00" EAST A DISTANCE OF 82.83 FEET TO THE BEGINNING OF A NON-TANGENT 900.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29°32'00" A DISTANCE OF 463.91 FEET; THENCE SOUTH 73°10'00" EAST A DISTANCE OF 120.00 FEET TO THE BEGINNING OF A TANGENT 900.00 FOOT RADIUS CURVE, CONCAVE PAGE 23 I ! I I I ! I j t , , '. ':- ... '.. ; /. , , , • ••• • -, ORDER NO. 1043792-6 NORTHERLY SAID CURVE BEING THE PROLONGATION OF A 900.00 FOOT CENTERLINE RADIUS OF EL FUERTE DRIVE AS SHOWN ON MAP NO. 7076, LA COSTA MEADOWS UNIT NO.3; THENCE EASTERLY ALONG TBE ARC OF SAID 900.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE .OF 1 0 44'50" A DISTANCE OF 27.45 FEET TO A POINT IN THE BOUNDARY OF SAID MAP NO. 7076, SAID .. BOUNDARY BEING ALSO THE EAST. LINE OF THE AFOREMENTIONED SOUTHEAST QUARTER OF SECTION 24. PAGE 24 DATE: May 16, 1997 • City of Carlsbad Planning Department Document Recordation Transmittal TO: CITY CLERK FROM: Teresa Woods ASSISTANT PLANNING DIRECTOR -L17J~,---ttf! __ _ VIA: REQUEST TO PROCESS DOCUMENTS FOR RECORDATION PROJECT ID NO(s). =C-",-T~9:::.-3-~08=/=--PU=D~9:::.-3--,,-07-,----_____________ _ PROJECT NAME Carrillo Ranch Village "0" INSTRUCTIONS: Please obtain City Attorney signature on the attached agreement(s) and process for recordation. Recording fees are to be charged to the City in accordance with the standard letter agreement with the Recorder's Office. Please return a copy of the recorded document(s) to this office for our records. SPECIAL INSTRUCTIONS: ATTACHMENTS: [gI NOTICE OF RESTRICTION D OTHER: _____________________ _ cc: File MAY-15-97 12,21 FROM,CONTINENTAL HOMES 10,6197932575 CERTIFICATE 0'1 CORPORATB RESOLUTIOlf OF CONTI.NENTAL RANCH, INC. PAGE I, Julie E. Collins, secretary of CONTINENTAL RANCH, INC., a Delaware corporation ("Corporation"), do hereby certify that I am a duly elected, qualified and acting officer of the Corporation and, as such, I am familiar with the books, minutes and records of the Corporation; that no provision of the Articl'es of Incorporation or Bylaws of the Corporation requires that any action or signature of the Corporation be attested by a corporate officer; that there is no provision in the Articles of Incorporation or Bylaws of the Corporation 1~itin9 the power of the Board of Directors to adopt the hereinafter stated resolutions; that the following is a true and accurate copy of resolutions duly adopted by the Board of Directors of the Corporation, on october 14, 1996 either at a duly held meeting of the Board of Directors or by unanimous written consent of all members of the Board of Directors of the corporation; and that said resolutions have not been modified, rescinded or revoked and are now in full force and effect: RESOLVED, that one signature from the President or any of the Vice Presidents of the Corporation listed below is required for any and all documents related to planning, engineering, mapping, development or construction associated with property owned by Continental Ranch, Inc.; includinq but not limited to maps, easements, agreements, permits, dedications, etc.; and RESOLVED, the following persons are the duly e1ected President and Vice Presidents of the corporation: Chris Chambers Donald R. Loback W. Thomas Hick,cox Donald W. MacKay David Lother President Vice President Vice President Vice President Vice President RESOLVED FURTHER, that one signature from the President or any of the above-designated. Vice Presidents is sufficient by itself to bind the corporation in furtherance of these Resolutions. WITNESS my hand on this 14th day of October, 1996. CONTINENTAL RANCH, INC., a Delaware corporation 2/2 . ! " { 358 ,~L " lY~(-U,~jI16 ~MAY-1997 02=45 PM OFFICIAL RECORDS SAN DIEGO COUHTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER RF: 7.00 FEES: 13.00 AF: 5.00 MF: 1. 00 RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD ) ) ) 1 200 Carlsbad Village Drive ) Carlsbad, California 92008-1989 ) Space above this line for Recorder's use /\ssessor's Parcel Number 222-010-02 (Portion) ----------------~----~ Project Number and Name CT 93-08/PUD 93-07 Rancho Carrillo Village "0" 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: Portion of Section 24, Township 12 south, range 4 west, and a portion of Sections 18 and 19, Township 12 south, range 3 west, San Bernardino Meridian, City of Carlsbad, County of San Diego, State of California. is restricted by a Tentative Tract Map and Planned Development Permit No(s). CT 93-08/PUD 93-07 issued by the City of Carlsbad on April 4, 1995. A copy is on file at the City of Carlsbad Planning Depaitment. The obiigations and restrictions imposed are binding on all present or future interest holders or estate holders of the property. Rev. 06/04/96 OWNER: CITY OF CARLSBAD (!£;/L/T/N£Nr;f-t:-. ~(!#l rA/<::. , MI~ Owner's Name Planning Director 5/2,0 /q-::r Signature Date • Print name and title ATTEST: 'Signature ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: Print name and title RONALD R. BALL, City Attorney Dat~ • Depu CIty Attorney (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice president AND secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation) Rev. 06/04/96 • STATE OF CALIFORNIA COUNTY OF SAN DIEGO On 1d4df!3/ fCi91 before me, /lkLu~ A. A/MUG) Notary Public, personally appeared ~)jA.J,Jr"r:;L -:4 viotfL£Z.. a-V-t£ OwXJOltCV'ncDtvv, ~ personally known to me -or-B--proved to me on the basis of satisfactory evideRGe to be the perso~ whose namec§D ;£18 subscribed to the within instrument and acknowledged to me that ~/stfe/~ executed the same in hrihfe authorized capacity~, and that by ~h/r/~ signatur~ on the instrument the person@) or the entity upon behalf of which the perso~ acted, executed the instrument. WITNESS my hand and official seal. Rev. 06/04/96 DATE: May 16, 1997 • City of Carlsbad Planning Department Document Recordation Transmittal TO: CITY CLERK FROM: Teresa Woods VIA: . ASSISTANT PLANNING DIRECTOR _-@;~_' tJ--,-_ REQUEST TO PROCESS DOCUMENTS FOR RECORDATION PROJECT ID NO(s). =C-=T...:::...9=-3--,,-O~4 __________________ _ PROJECT NAME Carrillo Ranch Village "L, M, N, Q, Rand T" INSTRUCTIONS: Please obtain City Attorney signature on the attached agreement(s) and process for recordation. Recording fees are to be charged to the City in accordance with the standard letter agreement with the Recorder's Office. Please return a copy of the recorded document(s) to this office for our records. SPECIAL INSTRUCTIONS: ATTACHMENTS: [8J NOTICE OF RESTRICTION D OTHER: _____________________ _ cc: File MAY-15-97 12,21 FROM,CONTINENTAL HOMES ID,6197932575 • CBRTIF:ICATB OP eoRPORATB RESOLUTION OF CONTDENTAL RANCH, DIe. PAGE I, Julie E. Collins, Secretary of CONTINENTAL RANCH, mc., a Delaware corporation ("Corporation"), do hereby certify that I am a duly elected, qualified and acting officer of the Corporation and, as such, I am. familiar with the bookS, minutes and records of the Corporation; that no proviSion of the Articles of Incorporation or Bylaws of the Corporation requires that any action or signature of the Corporation be attested by a corporate officer; that there is no provision in the Articles of Incorporation or Bylaws of the Corporation l~itinq the power of the Board of Directors to adopt the hereinafter stated resolutions; that the following is a true and accurate copy of resolutions duly adopted by the Board of Directors of the Corporation, on october 14, 1996 either at a duly held meeting of the Board of Directors or by unanimous written consent of all members of the Board of Directors of the corporation; and that said resolutions have not been modified, rescinded or revoked and are now in full force and effect: RESOLVED, that one signature from the President or any of the Vice Presidents of the Corporation listed below is required for any and all documents related to planning, engineering, mapping, development or construction associated with property owned by Continental Ranch, Inc.; including but not limited to maps, easements, agreements, permits, dedications, etc.; and RESOLVED, the following persons are the duly elected President and Vice Presidents of the corporation: Chris Chambers Donald R. Loback W. Thomas Hickcox Donald W. MacKay David Lother President Vice President Vice President Vice President "Vice President RESOLVED FURTHER, that one signature from the President or any of the above-designated. Vice Presidents is sufficient by itself to bind the corporation in furtherance of these Resolutions. WITNESS my hand on this 14th day of october, 1996. CONTINENTAL RANCH, INC., a Delaware corporation By~n~.//JI/""P ~~~~~'. ~Ollins secretary 2/2 ,\ RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) ) City Clerk ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, California 92008-1989 ) 361 4IOc U 1997-0253117 30-MAY-1997 02=45 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUHTY RECORDER RF: 7.00 FEES: 13.00 AF: 5.00 MF: 1. 00 Space above this line for Recorder's use Assessor's Parcel Number 215-030-09,215-031-04,222-012-01, 222-012-02, 222-011-06, 222-010-02 (Portion) Project Number and Name CT 93-04 -Rancho Carrillo Villages ilL", 11M", liN", "Q", IIR" and liT" 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: Portion of Sections 18 and 19, Township 12 south, range 3 west, San Bernardino Meridian Base according to official Plat thereof, City of Carlsbad, County of San Diego, State of California. is restricted by a Tentative Tract Map No(s). CT 93-04 issued by the City of Carlsbad on April 4, '1995. 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 " • OWNER: CoA/T/N2-NT/H-~~/1 ...TNt:!, Owner's Name ~~.~ Signature Print name and title Signature Print name and title Date ( t. CITY OF CARLSBAD Planning Director 5(wjC1'1- Date ATTEST: ALETHA L. RAUTENKRANZ, City Cler APPROVED AS TO FORM: RONALD R. BALL, City Attorney Dep~ City Attorney (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice president AND secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secrdtary under corporate seal empowering that officer to bind the corporation) Rev. 06/04/96 • STATE OF CALIFORNIA COUNTY OF SAN DIEGO On YOij 11/ /191 before me, K~ tZ . j(j...&X.f~< Notary Public, personally appeared \JaAlid.-A. cLLz)~ ril'_ /{/0;:1. LbMXl ~y~ ~ personally known to me -Of a pFOvcd to me on tR-e-s.asi-s-of satisfaGt-Qry evidence to be the person@ whose name@ fiG subscribed to the within instrument and acknowledged to me that 'l'/sfe/~Y executed the same in h~/hfrl~ authorized capacity6Y, and that by h/s/ryer/~ signatur~on the instrument the person@ or the entity upon behalf of which the perso~acted, executed the instrument. WITNESS my hand and official seal. Rev. 06/04/96 CT 93-(jg .. DO~ 1998-0803511 1620 DEC 10, 1998 3:21 IJFICIAl REaJRDS Brfl DIE60 CWfTV REcmIIR IS IfFICE £i1E6l1Y J. SHITH, ~TV RECORDER FEES: 17.00 ~QQRDJNG REQ~8'F:EB Bll Alff> ) 1111111111111 lUI ~IO WHEN RECORDED MAIL TO: ) City Clerk ) ) ) ) ) 1998·0803511 CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Space 'above 'this line for Recorder's use Par~,elNo. 222-010-02 (Portion) NOTICE AND WAIVER CONCERNING PRQ:XIMITY OF THE PLANNEP OR EXISTING CARRILLO RANcH COMMUNITY PARK CASE NO: CT 93-081PtJD 93-07 This Notice and Waiver Concerning Environmental Impacts ("Notice and Waiver") is made by Continental Ranch, Inc., a Delaware corporation, hereinafter referred to as the "Owner". Owner is the master developer of Rancho Carrillo, a master planned tesidential community situated in the· City of Carlsbad ("City"), County of San Diego, State of Califorrti.a. RECITALS A. The purpose of this Notice and Waiver is to disclose to the fullest extent possible present and futt.ite potential impacts of noise and other environmental.im.pacts generated by use of Carrillo Ranch Cotnmunity Park. B. Owner is the master developer of a sub4ivision within Rancho Carrillo more fully described as; Lots 1-52 according to Final Map No. 13553which are in the City of Carlsbad, County of San Diego, State of California and recorded with the Office of the County Recorder of the County of San Diego on March 31 , 1998 ("Property"). C. The Property is located adjacent to the Carrillo Ranch Community Park (hereafter described as "Park") on which users will engage in generally passive recreational activities. Park is being planned by the City as a passive park with associated cultural activities, 'such as, without limitation, demonstration rodeos, horseshoes, and weddings and wedding receptions. D. Owner has no control over the operations of the Park, including, but not limited to, the types of recreational activities engaged in or planned for the Park or the hours of Noise Fonn #1 , {~ j. . Mod. 07/01197 ,>,;'~l ~ ". ~: t'S PM operation of the Park. E. It is the desire of City and Owner to give notice to any potential purchaser of the Property of its proximity to the Park and the fact that the Property may be subject to the impacts of use of the Park. NOW, THEREFORE, in light of the Recitals above, Owner does, for itself, and its successors and assigns, give the following Notice and makes the following [W]aiver: 1. Owner has and shall develop the Property in accordance with Carlsbad Tract CT 93-08 approved by the City, which approval includes the requirement of the City, that the development of the Property is consistent with the Land Use, Noise, Open Space and Conservation, and Parks and Recreation Elements of the General Plan of the City. In that regard, this Notice and Waiver satisfies Condition 9 ofCT 93-08. 2. That Owner has no responsibility or control over the operation of the Park, including without liIpitation, the types of recreational activities conducted or the number of people using the Park. The Park is being planned by the City as a generally passive Park with associated cultUral activities, as set forth in Recital C, above. 3. That the users of the Park 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, sound, light and glare of Park facilities and activities. 4. The Property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Notice and Waiver. This Notice and Waiver shall run with the Property and shall be binding upon all parties having or acquiring any right, title or interest in the Prop.erty. 5. The purpose of this Notice and Waiver is to disclose to the fullest extent possible present and future potential impacts of noise, light and glare generated by all manner of the herein referenced Park activities, facilities and users which may generate noise and other environmental impacts. Owner has reviewed City's proposed plans, to the extent they have been developed, for the Park and acknowledges these existing and future impacts and forever waives any and all causes of action, and hereby covenants not to sue the City, its agents, servants or employees as to any damages or injuries resulting from the operation of the Park pursuant to the III III III III Noise Form #1 2 Mod. 07/01197 proposed plans. However, such waiver does not include a waiver of Owner's right to comment or object to the Park project's review process, if any, required by the California Environmental Quality Act or other applicable rules and regulations. Signed this day of_-'-It1..:-IItU-'-'--_#-'--____ , 1998. OWNER: CONTINENTAL RANCH, INC., a Delaware corporation By: ~#,~ (sign here) (print name here) (title and organization of signatory) By: (sign here) (print name her~) (title and organization of signatory) (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice president AND secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation) Noise Form #1 3 Mod. 07/01197 • STATE OF CALIFORNIA COUNTY OF SAN DIEGO On J/dtvJ ~ 2.) I q1e before me, fJft;U¥ A . N~c- Notary Public, personally appeared ~; d---A. .:I-.tJ~ , t:>tpersonally known to me -OF{ ~ proved to me on the basis of satisfactory. evideB£e to be the personcjJ whose namecf @a(e subscribed to the within instrument and acknowledged to me that&s~e/¥Y executed the same in@lhf/th{ir authorized capacity(iis), and that bY@lhfr/thfir signature0 on the instrument the person(p, or the entity upon behalf of which the versonf> acted, executed the instrument. WITNESS my hand and official seal. Noise Form #1 4 Mod. 07/01197 " CERTIFICATE OF CORPORATE RESOLUTION OF CONTINENTAL RANCH, INC. I, Susan M. Gaupel , Assistant secretary of CONTINENTAL RANCH, INC., a Delaware corporation ("Corporation"), do hereby certify that I am a duly elected, qualified and acting officer of the corporation and, as such, I am familiar with the books, minutes and records of the Corporation; that no provision of the Articles of Incorporation or Bylaws of the Corporation requires that any action or signature of the Corporation be attested by a corporate officer; that there is no provision in the Articles of Incorporation or Bylaws of the Corporation limiting the power of the Board of Directors t9 adopt the hereinafter stated resolutions; that the following is a true and accurate copy of resolutions duly adopted by the Board of Directors of the corporation, on October 20, 1997 ei ther at a duly held meeting of the Board of Directors or by unanimous written consent of all members of the Board of Directors of the corporation; and that said resolutions have not been modified, rescinded or revoked and are now in full force and effect: RESOLVED, that one signature from the President or any of the Vice Presidents of the Corporation listed below is required for any and all documents related to planning, engineering, mapping, development or construction associated with property owned by continental Ranch, Inc.; including but not limited to maps, easements, agreements, permits, dedications, etc.; and RESOLVED, the following persons are the duly elected President and Vice Presidents of the corporation: Chris Chambers w. Thomas Hickcox Donald W. MacKay David Lother Greg Hastings President Vice President Vice President Vice President Vice President RESOLVED FURTHER, that one signature from the President or any of the above-designated Vice Presidents is sufficient by itself to bind the Corporation in furtherance of these Resolutions. WITNESS my hand on this 20th day of October, 1997. CONTINENTAL RANCH, INC., a Delaware corporation By ~f:~!:a~/~ Assistant Secretary ) ,_~ 2 . =-. dl rontiner-tr.,y,." , ... ,. 'r·;" 1",'rtr"il1J'nt flhd for recor· JY" b' ..•. , ~rI .n ', .. • \ .. " 1.'. v ". I 1 not "en ex?.. ..~ .... ,., itS en accon1l)c!ation only. }: las n the tit1~' its execution or as to its l:f1ect upo • 161'5 DEC 10, 1998 3:21 lfFICIAl. RE~DS li{;;.WiiUiNG. REQUESTED BY LAWYERS TiTLE SAN DI£60 CIIffl'V RECORIIR I S OFFICE ti£6lRY J. SHITH, CfDITV RECOROCR FEES: 20.00 ~CORDING REQBE:5'fED D¥ M~ ) WHEN RECORDED MAIL TO: ) ) ) ) ) ) 11111~1111111I1~ I 1998·0803510 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Space above this line for Recorder's use "2.3' 3 f.LI -0,5. Parcel No. 222-011-06/222-012-02i222-010-02 (Portion of) NOTICE AND W A1VER CONCERNING PROXIMITY OF THE PLANNED OR EXISTING MELROSE DRIVE TRANSPORTATION CORRIDOR CASE NO: CT 93-08 This Notice Concerning Environmental Impacts is made by Continental Ranch. Inc., a Delaware Corporation, 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 genetate no~se and other environmental impacts. Purchaser acknowledges and accepts these existing and future impacts and forever waives any and all causes of action 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 ofthe title to certain real property in the City of Carlsbad, County of San Diego, California, more fully described as: Lots /-62.. according to Final Map No. /.3553 which are in the City of Carlsbad, County of San Diego, State of California and recorded with the Office of the County Recorder of the County of San Diego on MM~:3 / . , 1998 ("Property"). ) C. The property is located adjacent to the Melrose Drive Transportation Corridor (hereafter described as corridor) on which transportation vehicles such as automobiles, trucks, motorcycles and/or vehicles for rail and transit are proposed to travel. Noise Form #1 Rev. 03/27/95 \ FORM: NOISE 1: 2 OF 3 D. The property has been developed in compliance with City and State Noise criteria which may include mitigation in the fonn of 'setbacks, earthen benns, masonry walls and/or structure upgrades. E. Owner has no control over the operations of the corridor including the types of vehicles, trips and traffic, nor the frequency ofthe 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 (CT93-08) 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 number of vehicles operating on the corridor. 3. 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 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 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. 03/27/95 FORM: NOISE 1: 3 OF 3 Executed this //)711 dayof Nov~ ,19 98' * OWNER: ~~ft.I"It~~/.R~. Tk-C... (Name of Owner) 7 By: ~t1. ~ (sign here) ~IIVIt> A. L.oi#E,e. (print name here) (title and organization of signatory) By: (sign here) (print name here) (title and organization of signatory) (Proper notarial aCknowledgment of execution by Contractor must be attached.) (President or vice president AND secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation). (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). APPROVED AS TO FORM: RONALD R. BALL, City Attorney B: ~}(~.t ... -~JJ p<:" "". Assistant City Attar Noise Form #1 Rev. 03/27/95 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On /Vov~/o, 1m before me, AJa.u0lA. AJ...&??fL~ Notary Public, personally appeared Ja.uitf0 A. c;{j-IIu.A-' :WersOnallY known to me -6£ [ ] p£oy~d to me on the basis of satisfactory evidence to be the pers~ni4 whose name0 fjafe subscribed to the within instrument and acknowledged to me that8sfelt~Y executed the same in@nlr/thrpr authorized capacity(i(s), and that by@I{r/thpr signature}4 on the instrument the personcp, or the entity upon behalf of which the persony5 acted, executed the instrument. WITNESS my hand and official seal. Noise Form #1 Rev. 03127/95 , . , . FRO!," GqtH .. IHEH~RL 'HOMES 602 991 1682 .05.22.1998 . ,',' ·····e lin .. ' .. 11111.1'. iHIHlii .. ~jdl :il' .. H'If'I~li'JI· ';1;'1 ""Ii 1 C.~:rI':rOAH 'OJ". couoaan UIOLW%OII or.' :': .~' ... ~.' :." :.':. ; . .':': ... ':. ' :-.: ::":: .: .. ~·~·-'::<;i: ... ~~:.:: <'. · '" ". .•.. . .' . '.' .....: . .~ .... ;~, ·i·.,c·.",.:·;·,~·:::j·;;}-·~f;;;:.;'·'; · '.' . I·, su •• ~ M. : Gaupal . I. . Aflsi.tant Seoretary 'o( eoN'J.'INBNT~. ·~CH,<.· .. : :.~':~."':'-:'~:-<J~:::{"''':;':: ... X~C. i." a. Del.wat. corporation.· .. ("co~ration"r," 'dQ ···.her.~ .. ··:~i.fy;<~/?>'L>:(:o/;.\:. · .tIia=:t iI ·am.·a du~y .1Ctotad, czualiti~', and 'aotinq' oft.io"r·: ot::·:t,h.·~ ... ·>.:r·.~~~:,:;.:.·./:·.\·i·.: . ·.Co . .~l~n and, : a., .uch,: I .. familiar with ti:l~ book •. , .1nu~ •. and :.r ..... :,.: ... ;: ... '>:, : "'.:'. : :. reoo of! tJta ¢orporatlon, that no. prov:i.1on 'of the'~ Art10.~~.~·: ~t :".: :/' .:::.:' .... '. . . Inco~ratlon' or: Bylaw. of. the Corporation. requir .... , th,.t. any .• ot~pn,·." / :.: ':>,' .:.:....:. .' .... . ' or .l~-ture of the. 'Corporation be attasted 'by " aorp9rata· of~.1~,. .:;.:.·!:.-J:·.::·/S:·. ~' . .';':',' . that 1 there ~. ~o prov1.ion in. the Article •. Qt . InQOrpo.ration;:~Ot .. :··.~j';f~"·:-:/'-;::.>;. '~'.:."" · . Bylaw..· of the ~otpor.tlon .1~mitinC1 'the poWer· . ot. ":~ .. :~:,.~a:~ < .. ~~;:::': ;.~!l:J~/i'~ .:.{.:":;~ .. ..:;: . . Dlre~~r. to:" a49pt ·:th .. -h.r.1~fter····.tated ~r •• o.lu~~~n.,:, ;:~atf'1'~":::.:'.,\,.:·.·\~":"~.::-;,·" . . follo.win9 18 .•. 1;rue an4: accurate. copy ,Qf! r •• olutlb~. ·dul)".; a~t;Jpt~.:,::·~·.:.·.:~· ::'~.<':'-:''-:'" . ..... "by.'~. ~r". ot l?ir •. otor8. of ; .. ~e. c~rporation, ·.·.~n .y. :!.~~.I, : .. : ~~':'>.{:.}i.:.::.,::,.:.:; :::;';';>.: '. ..1th~r.: .t· a dul.y .. hel;cf 'meeting of ·the· ·Board.· :~t·. Dir.oto~~.'·:;q~':·::);Y.~:·.::~·,;:;)!.:::~:.:.:·~·"···.·:" · . :.un~ni~.· ~~tt."· ~n •• nt. o~:' al~ :_eaber. :ot .. the ·,BO~~4.:0~··.~;t.~~~::t:·:;~::·.;.:i~:~;;::,;':·: .. \·<:.· . .: .. ~f •. Qorpor.~ionl an~. that· ~aid: :~allolut:.t9n •. ·:;. b.~v~':'.; nQ~·,:·.:.';:~~.··.e:.;'::~:J!.:.\<·(>;,:·· .. '.:~! ~~, rl!80iI)dador r.VQk~ <and~. nov intql:~'~0l:!5:ir;;;,j;i,2:j~;;}<:r:: . . ' . RESOLVEb, that ona aiqnatura. trom the Pr •• i4.nt.: or ,any. 'of . ·th .... :./-.. :.;'. . ~: .. :'. :;' ..... :: . . . . . Vice ;Pr •• ideJ)t. O.f the Corpot:at1on ·li.ted .below i. ·:.r~~~.d· tor: )ant..:: '~'.; ::':?<~: X~ :'::" and. 1_.1.1 do<mmeh-t.·· relat.t to 'plannin'l,' ~in.arl~9,··· .. :~PP~.~ .• , .::;:~ .. \ .,.: .... ::. '.' : ... . d.v.~opunt ; o~ ! oo~.truotion ••• oaiated.· .with ; prpperty' ·,o~~' ".:)~Y:· .. ··(;·~·;·.l:";:.':"·: :,.; ... . " . con.t~nantal '.! Ran!'h,' Inc.; In~lUd1n9' . but.· .. not ': :11~~t..~ .. ::, .t:~'/}~~~~·,i,·:>.':!·;~:i;·';A~.:~\/.:·:.:., .' . . ea •• ~t., .. a9r .... nta~ permit.,· aedicat~on., e~~ • ..1 ...• nd ......... ..: .'. :.:".:.~.:! ·.:.: .. ::.«d:'.:;;::;(· .. ' .. :" · '. .: : ,'! . '. . .. '. :. ': : ' (' "" .. ' ~':.,,:' ,: <; .. ·.-::·.:"·:!· .. ::.;::·i·d~ ... :: .. (.~ '.'.':. I . .:. RBSOLVBD~ tlia fpllowinw pet:f!lon. are ~h. duly ·.le~~.d. ~p'.~i~.ri~.'~:·'.:::.\:".j.;>:. <~:.:.< :::'. i · and Vice .. Pr •• idanta ot the corp~rationl '.' ..... ' .: :::: ,"'1,.".' " :".~: >::, :'. : ·¢hri.topher J. Chumars. ~.~·iC$.nt·:· .: ... : ........ :: .. : .... : ':. ;.";'.';."::>:'1.':::.'::. '.'1 . M. Thoma. Hiokcox . V· i . u.."';'8id",,,,40 . ": .. :',.: .... : ':; ..... :if'..'· ' .. , .. i " : c. oE',,"" .... "'.: ". .' ...... ' .. ' ...... ":': : '. I . ~nal.d w. NadKay Viae p*, •• 1dent·· .:;: > .. '.:.:'.~.> . :;-:;.;: .. :{ .... ;,: .::.~'.:"'. I . I)avid Lather. : '. . Vice pt •• id.nt .' .. ; .' .. :' . .', ... :.: .: ..... : ';: ;."1.:;';-:,:.:.,.:': ..... · . ; . : . ~r.g . Ha.~~nq. ':.' v~oe·~'·'~~·f~~~~:····:.:.·:;·. ;:·"::·: .. :·;h'.<::··;:~?<~~:~·t:}~~.::.\::., .. ::·:··::;>:~:. · 'p80LVm) .~BR, .. 'that one ··.'ignat~ •. ~I:'~ ~·th •. ~~.1~e,rtt:J~r: ... nt.~~.'("·:::i::::.:··( .. ·:'-:': . of ~e· above-de.icp'lated ,V:ic. Pr •• ·lclent.· i. :.ut~1c,,~~~ .~·,':·~~ •. ~.;t.::~·'~:':::'<'){~:,:;.">i·:.\·. :.' b1~d .. ~ •. ~~~ra~1on . in t~.;~noa· .:O.f . ~.~~ . ~ •• ~~~t.~~~.~ .... : :':::.:.',:: ::.'~~::~.:.:::. ·:'.~~~.,<::~:~;·;y> ~';";:,/::':<:.'. · .' . . .: :.' .', ", . : '. . ... _: ", . .: .... ' "', -',:', ",,' /:I:'~ ... t:'~,:' •• " ... _J::.:!:~:~).:~':.,;.:' .. :~.: .. .:,' . . . WITH.ES~ 'lAy h~.·on ~h1. ~2n4 day .of. ~a)'~: 1..~9~· .• ,,: ~'.:, ; .... : ...... ;:~' .. :;/.,,: .. :'<:_;.:: .. \;~):;~";.":'~<" .' cONTI~AL lWie$ t' :INC~' :.' .. :. :':: .':. -:':., ~:~ ... <.,~::~ . :.'i·· :~~·~~~,:;.:·.~~;i~;;):>< .. ·:;'~.·.~···. :.; a ot.lawara ootporation" ............ :--... '. :". :'.:.' r::.·· ., .. . . ", .... '. . .:. ".: .. :.' .': ..... : .:,,';';::"~' .. "::. :.::::.:":'.:.' : .. " . ' .... . ' .;.' . . .. :-. .' • ,.' •• ,' t ,", • -~-. -~ I J ~ :~ ;r.:i~ri}n!"':nt fi.l::d for record by Contint~ta La!.~'y:;r': 'fiU.: r l 8n DCC0:11oC:aiion only. It has not been C'...:a:nined <lS to iw ~;(ecution or as to its effect upon the title. ~COHOlNG REQUESTED BY LAWYERS mlE RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) 1624 C-T 'i"3 -CJ ~-'u "'''! DOCti 1998-0803512 DEC 10, 1998 3:21 PM OFFIClft. fltIRDS SAN DIEGO fnfiTY R£C£R1n'S IFFlCE IlimRV J. SHITH, Cflt4TV RECtEER FEES: 20.00 ~II" III 1111111 Space above this line for Recorder's use PARCEL NO. 222-011-06/222-01.2-02/222-010-02 (Portion of) NOTICE AND WAIVER CQNCERNING AIRCRAFT ENVIRONMENTAL IMPACTS CASE NO: CT 93-08 This Notice and Waiver Concerning Aircraft Environmental Impacts is made by Continental Ranch, Inc., a Delaware Corporation, hereinafter referred to as the "Owner!' Owner is the master developer of Rancho Carrillo, a master planned residential community situated in the City of Carlsbad ("City"), County of San Diego, State of California. RECITALS A. The purpose of this Notice and Waiver is to disclose to the fullest extent possible present and future potential airport impacts by all manner of aircraft which will generate noise and other environmental impacts associated with the operation of McClellan-Palomar Airport located in the City ("Airport"). B. Owner is the master developer of a subdivision within Rancho Carrillo more fully described as: . Lots 1-52 according to Final Map NO.13553 which are in the City of Carlsbad, County of San Diego, State of California and recorded with the Office of the County Recorder of the County of San Diego on March 31 , 1998 ("Property"). C. The Property is located approximately 1.5 miles from the Airport. The Airport is operated by the County of San Diego. The Airport operation results in aircraft and helicopter noise in the area surrounding the Airport, including the Property. D. Neither City or Owner has any responsibility or control over the operations of the Airport, including, without limitation, the types or number of flight operations, types of aircraft Noise Fonn #2 Mod. 07/01/97 FORM: NOISE 2: 2 OF 3 (including jet aircraft and helicopters), timing of flight operations, location of flight patterns or frequency of the flights. E. It is the desire of City and Owner to give notice to any potential purchaser of the real property of the air flight operation and the fact that purchasers may be subject to overflight, sight and sound of aircraft operating to or from the Airport. Furthermore, this Notice and Waiver is for the purpose of disclosing the potential of future impacts of noise and other environmental impacts resulting from all manner of aircraft, including public, private, military and helicopters. NOW, THEREFORE, in light of the Recitals above, 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 Carlsbad'Tract CT 93-08 approved by the City, which approval includes the requirement of the City that the development of the Property i~ consistent with the Land Use Element and Noise Elements of the General Plan of the City. An Environmental Impact Report ("EIR") has been certified by the City and the Owner's development is consistent with the findings of the EIR. 2. The flight operations associated with the Airport may create significant aircraft environmental impacts affecting the purchasers, tenants and occupants of the Property. Furthermore, such purchasers, tenants and occupants of the Property reside there subject to such overflight, sight and sound impacts. 3. The Property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Notice and Waiver. This Notice and Waiver shall run with the Property and shall be binding upon all parties having or acquiring any right, title or interest in the Property. III III III III III III III III Noise Form #2 2 Mod. 07/01197 .. FORM: NOISE 2: 3 OF 3 4. Owner acknowledges and accepts these existing and future impacts referenced herein and forever waives any and all causes of action and covenants not to sue the City, its agents, servants or employees as to any damages or injuries resulting from said impacts. However, such waiver by Owner shall not be deemed to include any waiver of impacts associated with ~ort operations if City should assume control of the Airport in the future. Signed this 2-day of J!,t~ .,1998. OWNER: ~N r /A/ £AI Tlf'L "e,tJl (! If I :eN c! • (Name of owner) . BY:~tIf-. ~ (sign here) (print name here) (title and orgariization of signatory) By: (sign here) (print name here) (title and organization of signatory) (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice president AND secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation) APPROVED AS TO FORM: RONALD R. BALL, City Attorney B ...-oeputg City Attorne ___ ___ Ix> \. Noise Form #2 3 Mod. 07101/97 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On )daAe1-';:?, /Cf9'J' before me, ~1 A. ALl.rg L- Notary Public, perso~a11Y appeared ~= = h ~ , fx1 personally known to me -ori ] prov@d tg me on the basis gf satisfa~tory €I'lidenee to be the person0 whose narne0&afe subscribed to the within instrument and acknowledged to me that@sfeltfey executed the same m@h~/thfir authorized capacity(its), and that by~r/tl~"rr signature¢) on the instrument the person~, or the entity upon behalf of which the personf acted, executed the instrument. WITNESS my hand and official seal. ~d.~ (Slgnature Notary) Noise Form #2 4 Mod. 07101/97 1 • CERTIFICATE OF CORPORATE RESOLUTION OF CONTINENTAL RANCH, INC. I, -Susan M. Gaupel , Assistant Secretary of CONTINENTAL RANCH, INC., a Delaware corporation ("Corporation"), do hereby certify that I am a duly elected, qualified and acting officer of the Corporation and, as such, I am familiar with the books, minutes and records of the Corporation; that no provision of the Articles of Incorporation or Bylaws of the Corporation requires that any action or signature of the Corporation be attested by a corporate officer; that there is no provision in the Articles of Incorporation or Bylaws of the Corporation limiting the power of the Board of Directors to adopt the hereinafter stated resolutions; that the following is a true and accurate copy of resolutions duly adopted by the Board of Directors of the corporation, on October 20, 1997 either at a duly held meeting of the Board of Directors or by unanimous written consent of all members of the Board of Directors of the Corporation; and that said resolutions have not been modified, rescinded or revoked and are now in full force and effect: RESOLVED, that one signature from the President or any of the Vice Presidents of the Corporation listed below is required for any and all documents related to planning, engineering, mapping, development or construction associated with property owned by continental Ranch, Inc.; including but not limited to maps, easements, agreements, permits, dedications, etc.; and RESOLV~D, the following persons are the duly elected President and Vice Presidents of the corporation: Chris Chambers W. Thomas Hickcox Donald W. MacKay David Lother Greg Hastings President Vice President Vice President Vice President Vice President RESOLVED FURTHER, that one signature from the President or any of the above-designated Vice Presidents is sufficient by itself to bind the corporation in furtherance of these Resolutions. WITNESS my hand on this 20th day of October, 1997. CONTINENTAL RANCH, INC., a Delaware corporation By ~~I!A~¢ Assistant Secretary Land Use: RLM Product: SFD Max. Yield: 51 ~1' VIllage Entry • ~ w!lfonumentAt/on ~ Solid Wall • ," 0;''''' F""c. ~ ~ Recreation ~ Resource F""ce '0' Facility · ?::l ••• Distant •• Trail View n ~ Strfl6tscape U Trail head ~. View \~ II RAN C H 0 ~ Design Criteria D ~ r aRRIIJ (\ !lmM no scal. Village 0 ~ ./ • e 0' SO' 100' -..-. 200' .... 10/05/93 300' a VillAGE '0' 12004C \ -- , ' City of Carlsbad CARRILLO RANCH VILLAGE "L" "M" "N" "0" "R" "T" , , , , , CT 93-04