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Home My WebLink AboutCUP 94-09x2A; McDonald's Restaurant; Conditional Use Permit (CUP) (5)"£ «~~' ~ CITY OF CARLSBAD APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits D Administrative Permit D Coastal Development Permit (*) D Minor D Conditional Use Permit (*) D Minor D Extension D Environmental Impact Assessment D Habitat Management Permit D Minor D Hillside Development Permit (*) D Planned Development Permit D Residential D Non-Residential D Planned Industrial Permit D Planning Commission Determination D Site Development Plan D Special Use Permit D Tentative Tract Map D Variance D Administrative LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov D General Plan Amendment D Local Coastal Program Amendment (*) D Master Plan D Amendment D Specific Plan D Amendment D Zone Change (*) D Zone Code Amendment (FOR DEPT. USE ONLY) South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPUCATIONS MUST BE SUBMITIED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITIED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: 210-170-06-00 ---------------------------------------------------------------------PROJECT NAME: McDonald's Restaurant ---------------------------------------------------------------------BRIEF DESCRIPTION OF PROJECT: This proposal is to incorporate the unused area of the building into the building footprint, as the increase in parking now justifies doing so BRIEF LEGAL DESCRIPTION: Parcel 1 and 2 of Parcel Map No. 13937, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, Sept .3, 1985, as file no. 85-321661 . LOCATION OF PROJECT: 5990 Avenida Encinas ON THE: BETWEEN P-1 east (NORTH, SOUTH, EAST, WEST) Interstate 5 (NAME OF STREET) SIDE OF AND STREET ADDRESS A venida Encinas (NAME OF STREET) Palomar Airport Road (NAME OF STREET) Pa~:~e 1 of6 Revised 06/12 OWNER NAME (Print): Vogei-Geljean Trust (c/o Walter Beljean) APPLICANT NAME (Print): McDonald's USA. LLC MAILING ADDRESS: 6415 Edna Road MAILING ADDRESS: 3800 Kilroy Airport Drive, Suite 200 CITY, STATE, ZIP: San Luis Obispo, CA 93401 CITY, STATE, ZIP: Long Beach, CA 90806 TELEPHONE: 805.541.4664 TELEPHONE: 562.753.2037 EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. , ----------------------------EMAIL ADDRESS: randy.kimoto@us.mcd.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MyV~GE. . I Lt)a!tif1&~ •. IVL ~ III-JA-;_ I..A-f-.~f--L-J<..>o..-----1 SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): Bickel Underwood Architecture ~~~~~~~~~~~----------------------------------- MAILING ADDRESS: 3600 Birch Street, Suite 120 CITY, STATE, ZIP: Newport Beach, CA 92660 TELEPHONE: 949.757.0411 EMAIL ADDRESS: ron@infinitydevelopmentservices.com, jsteiner@bickelunderwood.com IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. [;)a ~0= SIGNATURE FOR CITY USE ONLY P-1 Page 2 of 6 RE JAN 1 0 2013 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 06/12 • Indemnification and Insurance Requirement for Village Area Administrative Permit Certification Statement: I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees. I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (currently class VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk. This agreement is a condition of the issuance of this administrative permit for the subject of this permit on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in com iance with e s bject approved permit. Signature ---~.;..,...a:.·.:....~;:::::;.:.-.L....;:=-c::;~+----------- Certification Statement: I Certify that I am the Legal Property Owner for the subject business location and that all of the above information is true and correct to the best of my knowledge. I support the applicant's request for a permit to place the subject property on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the subject approved permit. P-1 Page 3 of6 Date: /l/7 /;2 I I Revised 06/12 «~ ~ CITY OF DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 1 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Ron I Jnderwood Corp/Part. ___________ _ Title Bickel Underwood Architecture Title ____________ _ Address 3600 Birch St. Ste 120 Address. ___________ _ 2 OWNER Netwoort Begch, CA 92660 . (Not tne owner s agent) P-1(A) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Walter Beijean Title Vogei-Beliean Trust Address 6415 Edna Rd San I ujs Obispo CA 93401 Corp/Part. ___________ _ Title _____________ _ Address ____________ _ Page 1 of2 Revised 07/10 • 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust n/a Non Profit/Trust. _________ _ Title. ___________ _ Title. _____________ _ Address. _________ _ Address. ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve ( 12) months? DYes [i] No If yes, please indicate person(s):----"n~L~a:::.._ _______ _ NOTE: Attach additional sheets if necessary. Walter Beijean Ron Underwood Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 07/10 <<~ ~ CITY OF CARLSBAD PROJECT DESCRIPTION P-1(8) PROJECT NAME: McDonald's. 5990 Ayenjdq Encinas APPLICANT NAME: Bickel Underwood Architecture Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: The subject McDonald's restaurant currently has 575 sf of unused space. However, the current parking count allows for 400 sf of that unused space to be utilized. Consequently, this application is for the utilization of 400 sf of that 575 sf void to be incorporated into the building for use, while the remaining 175 sf will remain an unused void. P-1(B) Page 1 of 1 Revised 07/10 January 9, 2013 Planning Department UNDERWO~ JAMES S. BICKEL A CALIFORNIA JR. ARCHITECT CORPORATION Attn: Greg Fisher, Assistant Planner 1635 Farraday Avenue Carlsbad, CA 92008 Re: McDonald's 004-1210, 5990 Avenida Encinas Dear Greg, This memo stands to serve as a statement of agreement to waive tentative parcel map time limits as the subject project requires concurrent processing of planning applications. 3 6 0 0 BIRCH STREET • SUITE 120 . NEWPORT BEACH, CA 92660 PHONE 949. 757-0411 FAX 949. 757-0511 <<~ ~ CITY OF CARLSBAD TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-0. Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/1 0 , , f <_(~ ~ CITY OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): bJ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application !!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Bickel Underwood Architecture Address: 3600 Birch St. Ste 120 Newport Beqch. CA 92660 Phone Number: 949.757.0411 Address of Site: 5990 Ayenjdq Encinas PROPERTY OWNER Name: Voqei-Beliean Trust Address: 6415 Edna Rd San Luis Obispo. CA 93401 Phone Number: 805.541 .4664 Local Agency (City and County): Carlsbad. Son Diego County Assessor's book, page, and parcel number:....:A~P.:...N::....;2~1 0::;..-....:.1~7..:::0.....:-0:;.:6:;;.._ ___________ _ Specify list(s):__._~L---------------------------- Regulatory Identification Number:_n.....;;/_a ____________________ _ Date of List:.....:n'-'L...:a=----------------------------- The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 07/10 • ,J ( ~ CITY OF ~<? CARLSBAD~ HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Per the California Environmental Protection Agency's website, "While Government Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in] 1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.gov/sitecleanup/Corteselist/default.htm www.calepa.ca.gov/database/calsites www.envirostor.dtsc.ca.gov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http:/ /qeotracker. waterboards. ca.qov/ County of San Diego Department of Environmental Health Services www.co.san-diego.ca.us/deh Hazardous Materials Division www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (619) 338-2231, fax (619) 338-2377 Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCUS") www .epa .qov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm P-1(C) Page 2 of2 Revised 07/10 -------------------- , ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: 1/' 0 ) \ ~ (To be completed by City) ~~~~nNum~~s>:~~~~u+p~q~~-·_O_q~~-L~(_A_~~~-~~D~P~I_l_-_0_~~~~~ General Information 1. Name of project: ___:_;M:...:.c=D~o:..:..n.:..::a:::!l.:::::d~'s~------------------- 2. Name of developer or project sponsor: ..~..M~c"""D'-loo.u.n..Lla..t.JI~d~..o'sl.-'UioLS..uA~. J.JLLI..lC _________ _ Address: 3800 Kilroy Airport Way. Suite 200 City, State, Zip Code: Long Beach, CA 90806 Phone Number: 562 753.2037 3. Name of person to be contacted concerning this project: Ran llnderwood, lessica Steiner Address: 3600 Birch St. Suite 120 City, State, Zip Code: Newport Beach. CA 92660 Phone Number: _.9:...::4u9 ....... .Zw5.t..~.Z;.... . .lo£04:::r..J...1 .~....1 ------------------~ 4. Address of Project: 5990 A venida Encinas Assessor's Parcel Number: ........ 2..!..1.lo£0-....J1uZ..l.O'--OloL6lo!..-________________ _ 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: n/a 6. Existing General Plan Land Use Designation: ~C~o~mw....!.!.m.!....!..l:o::e~rc""'i~a!.LI _________ ~ 7. Existing zoning district: Commercial, Coastal Overlay 8. Existing land use(s): McDonald's restaruant with drive-thru 9. Proposed use of site (Project for which this form is filed): McDonald's restaurant with drive-thru Project Description 10. Site size: ...:3:::.:2:.!'.::.8:::.59.:....::.Sf:...._ _____________________ _ 11. Proposed Building square footage: _4..;.;':.::2:.;;;0..;;0...:s:...:..f _______________ _ 12: Number of floors of construction: --~...IJ....ll:..__ ________________ ~ 13. Amount of off-street parking provided: __:4..::.6...:s.,;,.ta=lls~-------------~ P-1(0) Page 2 of4 Revised 07/1 0 15. If residential, include the number of units and schedule of unit sizes: ...;.n...:./...;.a:..:...._ ______ _ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: this project caters to both locals and those visiting the area or traveling thro1 1gh 17. If industrial, indicate type, estimated employment per shift, and loading facilities: .....:....;nL../a=---- 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: _ _,_n.:.L/..,.a,__ ____ _ 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: the proposed proJect is applying for a conditional use permit to enclose 400 sf of unused area P-1(0} Page 3 of4 Revised 07/10 ' Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D IX] alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D roads. 22. Change in pattern, scale or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slope of 10 percent or more. 28. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. D D D D D D D 29. Substantial change in demand for municipal services (police, fire, water, sewage, D etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: D D 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and infonnation presented are true and correct to the best of ~L ~ Date: 1r~U Signature: \l. 4E For: P-1(0) Page 4 of4 Revised 07/10 «~· ~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2) at www.carlsbadca.gov/standards. Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits for the project. Please start by completing Section 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. Examples: single family homes, multi-family homes, Automotive reoair shop. A facility categorized in any one of Standard Industrial Classification (SIC) codes 5013, 5014, 5541, 7532-7534, and 7536-7539 Restaurants. Any facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the land area for development is greater than 5,000 square feet. Restaurants where land development is less than 5,000 square feet shall meet al~ SUSMP requirements except for structural treatment BMP and numeric sizing criteria rements. YES E-34 Page 1 of3 REV 1/14/11 NO X X X X X 6. 7. 8. 9. «~ ~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Hillside development. Any development that creates more than 5,000 square feet of impervious surface and is located in an area with known erosive soil conditions, where the development will grade on any natural slope that is X twenty-five percent (25%) or greater. Environmentallv Sensitive Area (ESA( All development located within or directly adjacent2 to or discharging directly3 to an ESA (where discharges from the development or redevelopment will enter receiving waters within the X ESA), which either creates 2,500 square feet or more of impervious surface on a proposed project site or increases the area of imperviousness of a proposed project site 10% or more of its naturally occurring condition. Parking lot. Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban X runoff Streets. roads. highways. and freeways. Any paved surface that is 5,000 square feet or greater used for the transportation of automobiles, trucks, motorcycles, and other vehicles X 10. Retail Gasoline Outlets. Serving more than 100 vehicles per day and greater than 5,000 square feet X 11. Coastal Development Zone. Any project located within 200 feet of the Pacific Ocean and (1) creates more than X 2500 square feet of impervious surface or (2) increases impervious surface on property by more than 10%. 12. More than 1-acre of disturbance. Project results in the disturbance of 1-acre or more of land and is considered a X Pollutant-generating Development Project4• .. . . 1 Environmentally SenSitive Areas 1nclude but are not llm1ted to all Clean Water Act Sect1on 303(d) 1mpa1red water bod1es. areas des1gnated as Areas of Spec1al Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. 2 "Directly adjacent• means situated within 200 feet of the Environmentally Sensitive Area. 3 "Discharging direcUy to" means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and not commingled with flow from adjacent lands. 4 Pollutant-generating Development Projects are those projects that generate pollutants at levels greater than background levels. In general, these include all projects that contribute to an exceedance to an impaired water body or which create new impervious surfaces greater than 5000 square feet and/or introduce new landscaping areas that require routine use of fertilizers and pesticides. In most cases linear pathway projects that are for infrequent vehicle use, such as emergency or maintenance access, or for pedestrian or bicycle use, are not considered Pollutant-generating Development Projects if they are built with pervious surfaces or if they sheet flow to surrounding pervious surfaces. INSTRUCTIONS: Section 1 Results: If you answered YES to ANY of the questions above, your project is subject to Priority Development Project requirements. Skip Section 2 and please proceed to Section 3. Check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3. Additional storm water requirements will apply per the SUSMP. If you answered NO to ALL of the questions above, then please proceed to Section 2 and follow the instructions. E-34 Page 2 of3 REV 1/14/11 ~ «~' ~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov I secl'IQN.~ .. ,~-,i,;'d··· !• i".<--.-" -':..l~~ . ~ •• 0 ·J' ;::_:,;;: ·D , . .. INSTRUCTIONS: Complete the questions below regarding your project YES NO 1. Project results in the disturbance of 1-acre or more of land and is considered a Pollutant-generating Development X Project*? INSTRUCTIONS: If you answered NO, please proceed to question 2. If you answered YES, then you ARE a significant redevelopment and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. 2. Is the project redeveloping an existing priority project type? (Priority projects are defined in Section 1) X INSTRUCTIONS: If you answered YES, please proceed to question 3. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. 3. Is the work limited to trenching and resurfacing associated with utility work; resurfacing and reconfiguring surface parking lots and existing roadways; new sidewalk; bike lane on existing road and/or routine maintenance of damaged n/a pavement such as pothole repair? Resurfacing/reconfiguring parking lots is where the work does not expose underlying soil during construction. INSTRUCTIONS: If you answered NO, then proceed to question 4. If you answered YES, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. 4. Will your redevelopment project create, replace, or add at least 5,000 square feet of impervious surfaces on existing developed property or will your project be located within 200 feet of the Pacific Ocean and (1) create 2500 square feet or n/a more of impervious surface or (2) increases impervious surface on the property by more than 1 0%? Replacement of existing impervious surfaces includes any activity that is not part of routine maintenance where impervious material(s) are removed, exposing underlying soil during construction. INSTRUCTIONS: If you answered YES, you ARE a significant redevelopment, and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. Review SUSMP to find out if SUSMP requirements apply to your project envelope or the entire project site. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below . . . *for defin1t1on see Footnote 4 on page 2 SECTION3 1:1 My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application. I understand flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details. My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As of these I will low Applicant Information and Signature Box This Box for City Use Only Address: Assessor's Parcel Number(s): 210-170-06 City Concurrence: I YES I NO I I 5990 A venida Encinas Applicant Name: Applicant Title: By: Ron Underwood Representative Date: Date: Project ID: E-34 Page 3 of 3 REV 1/14/11 Form No. 1068-2 ALTA Plain Language Commitment Comm6Jt No.: NCS-550963-0Rl Pa-mber:l First American Title Insurance Company National Commercial Services 200 SW Market street, Suite 250 Portland, OR 97201 July 10, 2012 Nicholas Liaromatis McDonald's USA, LLC, Southern california Region 3800 Kilroy Airport Way, Ste 200 Long Beach, CA 90806 Phone: (562)753-2024 Customer Reference: L/C: 004-1210 Title Officer: Connie Haan Title Assistant: Phone: (503)790-7852 Phone: Order Number: Escrow Officer: Phone: Email: NCS-550963-0R1 Connie Haan (503)790-7852 chaan@firstam.com Krista Griffin (503)795-7606 Property: 5990 Avenida Encinas and Vacant Land, Carlsbad, CA Attached please find the following item(s): Commitment Thank You for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: Customer First! First American Title Insurance Company Form No. 1068-2 - ALTA Plain Language Commitment First American Title INFORMATION C<ament No.: NCS-550963-0Rl ~eNumber:2 The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. This information is not part of the title insurance commitment. TABLE OF CONTENTS Agreement to Issue Policy Schedule A 1. 2. 3. 4. Commitment Date Policies to be Issued, Amounts and Proposed Insured Interest in the Land and Owner Description of the Land Schedule B-1 -Requirements Schedule B-2-Exceptions Conditions YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. Page 3 4 4 4 4 1 - ·' ---------------------------------- Form No. 1068-2 ALTA Plain Language Commitment CommA,t No.: NCS-550963-0Rl PaAmber:3 COMMITMENT FOR TITLE INSURANCE Issued by First American Title Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions. This Commitment is not valid without Schedule A and Sections 1 and 2 of Schedule B. Form No. 1068-2 e ALTA Plain Language Commitment ecA:ment No.: NCS-550963-0Rl ~eNumber:4 SCHEDULE A 1. Commitment Date: July 2, 2012 at 7:30 A.M. 2. Policy or Policies to be issued: Amount (A) ALTA Owner's Policy $750,000.00 To Be Determined Proposed Insured: McDonald's USA, LLC (B) ALTA Loan Policy $To Be Determined To Be Determined Proposed Insured: To Be Determined 3. (A) The estate or interest in the land described in this Commitment is: Fee (B) Title to said estate or interest at the date hereof is vested in: Walter Beljean, Trustee of the Vogei-Beljean Trust 4. The land referred to in this Commitment is situated in the City of carlsbad, County of San Diego, State of california, and is described as follows: PARCELS 1 AND 2 OF PARCEL MAP NO. 13937, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 3, 1985, AS FILE NO. 85-321661 OF OFFIOAL RECORDS. APN: 210-170-06-00 and 210-170-07-00 Form No. 1068-2 ALTA Plain Language Commitment Comm&t No.: NCS-550963-0Rl Pagllrumber: 5 The following requirements must be met: SCHEDULE B SECTION ONE REQUIREMENTS (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releases(s) or Reconveyance(s) of Item(s): None (F) Other: None (G) You must give us the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: With respect to the trust referred to in the vesting: a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. The following additional requirements, as indicated by "X", must be met: [X] (H) Provide information regarding any off-record matters, which may include, but are not limited to: leases, recent works of improvement, or commitment statements in effect under the Environmental Responsibility Acceptance Act, Civil Code Section 850, et seq. The Company's Owner's Affidavit form( as provided by company) must be completed and submitted prior to close in order to satisfy this requirement. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary. [] (I) An AL TN ACSM survey of recent date, which complies with the current minimum standard detail requirements for ALTA/ACSM land title surveys, must be submitted to the Company for review. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary. Form No. 1068-2 - ALTA Plain Language Commitment [] (J) The following LLC documentation is required: (i) a copy of the Articles of Organization (ii) a copy of the Operating Agreement, if applicable ccAtment No.: NCS-550963-0Rl ~eNumber:6 (iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iv) express Company Consent to the current transaction [] (K) The following partnership documentation is required : (i) a copy of the partnership agreement, including all applicable amendments thereto (ii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iii) express Partnership Consent to the current transaction [] (L) The following corporation documentation is required: (i) a copy of the Articles of Incorporation (ii) a copy of the Bylaws, including all applicable Amendments thereto (iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iv) express Corporate Resolution consenting to the current transaction [] (M) Based upon the Company's review of that certain partnership/operating agreement dated Not disclosed for the proposed insured herein, the following requirements must be met: Any further amendments to said agreement must be submitted to the Company, together with an affidavit from one of the general partners or members stating that it is a true copy, that said partnership or limited liability company is in full force and effect, and that there have been no further amendments to the agreement. This Commitment will then be subject to such further requirements as may be deemed necessary. [] (N) A copy of the complete lease, as referenced in Schedule A, #3 herein, together with any amendments and/or assignments thereto, must be submitted to the Company for review, along with an affidavit executed by the present lessee stating that it is a true copy, that the lease is in full force and effect, and that there have been no further amendments to the lease. This Commitment will then be subject to such further requirements as may be deemed necessary. [X] (0) Approval from the Company's Underwriting Department must be obtained for issuance of the policy contemplated herein and any endorsements requested thereunder. This Commitment will then be subject to such further requirements as may be required to obtain such approval. [] (P) Potential additional requirements, if ALTA Extended coverage is contemplated hereunder, and work on the land has commenced prior to close, some or all of the following requirements, and any other requirements which may be deemed necessary, may need to be met: [] (Q) The Company's "Mechanic's Lien Risk Addendum" form must be completed by a Company employee, based upon information furnished by the appropriate parties involved. [] (R) The Company's "Indemnity Agreement I" must be executed by the appropriate parties. [] (S) Financial statements from the appropriate parties must be submitted to the Company for review. [] (T) A copy of the construction contract must be submitted to the Company for review. Form No. 1068-2 ALTA Plain Language Commitment CommiAt No.: NCS-550963-0Rl Pag~mber:7 [] (U) An inspection of the land must be performed by the Company for verification of the phase of construction. Form No. 1068-2 e ALTA Plain Language Commitment SCHEDULE B SECTION TWO EXCEPTIONS ccAtment No.: NCS-550963-0Rl "'9e Number: 8 Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are set forth in Exhibit A attached. Copies of the policy forms should be read. They are available from the office which issued this Commitment. 1. General and special taxes and assessments for the fiscal year 2012-2013, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. Water rights, claims or title to water, whether or not shown by the public records. 4. Abutter's rights of ingress and egress to or from San Diego Freeway I-5 and Portion of Palomar Airport Road have been relinquished in the document recorded June 18, 1965 as Instrument No. 108756 of Official Records. Terms and provisions contained in the above document. 5. A waiver of any claims for damages by reason of the location, construction, landscaping or maintenance of a contiguous freeway, highway, roadway or transit facility as contained in the document recorded June 18, 1965 as Instrument No. 108756 of Official Records. 6. An easement for public utilities and incidental purposes, recorded July 14, 1967 as Instrument No. 102931 of Official Records. In Favor of: Affects: The Pacific Telephone and Telegraph Company as described therein Terms and provisions contained in the above document. 7. The terms, provisions and easement(s) contained in the document entitled "Grant of Easements and Declaration of Covenants and Restrictions" recorded April 25, 1985 as Instrument No. 85- 142950 of Official Records. 8. Terms and provisions of an unrecorded lease dated Aprilll, 1984, by and between Vogei- BeiJean Trust as lessor and McDonald's Corporation DBA Delaware McDonald's Corporation as lessee, as disclosed by a Memorandum of Lease recorded June 21, 1985 as Instrument No. 85- 221991 of Official Records. Revised Memorandum of Lease recorded December 9, 1986, as Instrument No. 86-574125 of Official Records. Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records are not shown herein. Form No. 1068-2 ALTA Plain Language Commitment ------------------------------ Comrr&t No.: NCS-550963-0Rl Pa9'ifumber: 9 9. Abutter's rights of ingress and egress to or from Portion of Palomar Airport Road have been dedicated or relinquished on the filed Map. 10. The terms and provisions contained in the document entitled "Agreement between Developer- Owner and the City of carlsbad for the Payment of a Public Facilities Fee for Outside the Boundaries of Community Facilities District #1" recorded July 20, 1994 as Instrument No. 1994- 449966 of Official Records. 11. Rights of parties in possession. Form No. 1068-2 e ALTA Plain Language Commitment INFORMATIONAL NOTES oAtment No.: NCS-550963-0Rl ~e Number: 10 1. Taxes for proration purposes only for the fiscal year 2011-2012. First Installment: $4,832.99, PAID Second Installment: $4,832.99, PAID Tax Rate Area: 09000 APN: 210-170-06-00 (Affects Parcel 1 of Parcel Map No. 13937) 2. Taxes for proration purposes only for the fiscal year 2011-2012. First Installment: $2,961.54, PAID Second Installment: $2,961.54, PAID Tax Rate Area: 09000 APN: 210-170-07-00 (Affects Parcel 2 of Parcel Map No. 13937) 3. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 5990 Avenida Encinas, Carlsbad, California. (Affects Parcel 1 of Parcel Map No. 13937) 4. The property covered by this report is vacant land. (Affects Parcel 2 of Parcel Map No. 13937) 5. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 6. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. *****To obtain wire instrudions for deposit of funds to your escrow file please contad your Escrow Officer.***** Form No. 1068-2 ALTA Plain Language Commitment 1. DEFINITIONS CONDITIONS Com mAt No.: NCS-550963-0Rl PagWumber: 11 (a)"Mortgage" means mortgage, deed of trust or other security instrument. (b)"Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B -Section Two may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B-Section One are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. UMITATION OF OUR UABIUTY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B -Section One or eliminate with our written consent any Exceptions shown in Schedule B -Section Two. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. Form No. 1068-2 e ALTA Plain Language Commitment ¥ 1 First American ntle Privacy Information We Are Comlllltted to Safeguarding Customer Information ccA:ment No.: NCS-550963-0R1 'Wge Number: 12 In order to better serve your needs now and In the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such Information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Polley to govern the use and handling of your personal information. Applicability This Privacy POlley governs our use of the infonnation that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as Information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personallnfonnation regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personallnfonnation that we may collect lndude: • Information we receive from you on applicatiOns, forms and In other communications to us, whether In writing, In person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of lnforlllation We request Information from you for our own legitimate buSiness purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as pennitted by law. We may, however, store such Information Indefinitely, Including the period after which any customer relationship has ceased. Such informatiOn may be used for any Internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpubllc personal Information listed above to one or more of our affiliated companies. Such affiliated companies lndude finandal service providers, such as title Insurers, property and casualty Insurers, and trust and Investment advisory companies, or companies involved In real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the Information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other finandal Institutions with whom we or our affiliated companies have joint marketing agreements. Former Customen Even If you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your Information. We restrict access to nonpublic personal information about you to those individuals and entitles who need to know that lnfonnatlon to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and In accordance with this Privacy Polley and Arst American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Tbrough Our Web Site First American Anancial Corporation Is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the informatiOn about you we receive on the Internet. In general, you can visit First American or Its affiliates' Web sites on the Worid Wide Web without telling us who you are or revealing any Information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This InformatiOn is aggregated to measure the number of viSits, average time spent on the Site, pages viewed and similar Information. First American uses this Information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need Information from you, such as your name and email address. When Information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect Is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personallnfonnation with us, we will only use It In accordance with the policies outlined above. Business Relationships First American Flnandal Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web Sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie Is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FirstAm.corn uses stored cookies. The goal of this technology is to better serve you when visiting our Site, save you time when you are here and to provide you with a more meaningful and productive Web Site experience. Fair lnformadon Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its Importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer In our business. We will obey the laws governing the collectiOn, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct Inaccurate Information. When, as with the public record, we cannot correct Inaccurate information, we wiH take all reasonable steps to assist consumers in Identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair Information values and on the responsible collection and use of data. We will encourage others in our Industry to collect and use lnfonnation in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY (8/1/09) Page 1 ofl Privacy Information (2001-2010 First American Financial Corporation) Form No. 1068-2 ALTA Plain Language Commitment CommAt No.: NCS-550963-0Rl Pag~mber: 13 EXHIBIT A UST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POUCY TYPE) 1. CAUFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POUCY-1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exerdse thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY FORM B -1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY FORM B -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB Form No. 1068-2 e AlTA Plain Language Commitment cAtment No.: NCS-550963-0R1 ~e Number: 14 This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. 2. 3. 4. 5. 6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN lAND lYTLE ASSOCIATION LOAN POUCY -1970 WITH A.L T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN lAND lYTLE ASSOCIATION LOAN POUCY -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. 2. 3. 4. 5. 6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN lAND lYTLE ASSOCIATION LOAN POUCY -1992 WITH A.L T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exerdse thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Form No. 1068-2 ALTA Plain Language Commitment CommAt No.: NCS-550963-0R1 PagWumber: 15 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TlTLE ASSOCIATION LOAN POUCY-1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULES This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepandes, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TlTLE ASSOCIATION OWNER'S POUCY-1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or Form No. 1068-2 e ALTA Plain Language Commitment aAtment No.: NCS-550963-0R1 ,.,ge Number: 16 (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real 2. 3. 4. 5. 6. property or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. ALTA RESIDENTIAL TITLE INSURANCE POUCY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: (a) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date--unless they appeared in the public records (c) that result in no loss to you (d) that first affect your title after the Policy Date--this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that toudl your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POUCY CLTA HOMEOWNER'S POUCY OF TITLE INSURANCE -1998 ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE -1998 Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability Form No. 1068-2 ALTA Plain Language Commitment EXCLUSIONS CommAt No.: NCS-550963-0R1 Pag~mber: 17 In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area spedfically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. THIRD GENERA nON EAGLE LOAN POUCY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (1/01/08) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or(iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Oaimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY -2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to Form No. 1068-2 e ALTA Plain Language Commitment (i) the occupancy, use, or enjoyment of the Land; oAtment No.: NCS-550963-0R1 ~e Number: 18 (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Oaimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). 14. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY-2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 13 above are used and the following exceptions to coverage appear in the policy. SCHEDULES This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 15. AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY -2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. Form No. 1068-2 ALTA Plain Language Commitment Comm&t No.: NCS-550963-0R1 Pag~mber: 19 (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Oaimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 16. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 15 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. e--------- 1 ------e ORfGfN.At 1.0S"15C "•.l ·-·--- ,. ~."\ ~ .. ~: n: ~ 1 :.::.:; .:.: •••. ~; ;:: .;;r ~n. ., ,r .... :. ~ ...... ; ~u~ ..-.. :.,· ·us , I .. . . · .. ~ f. . •• ~l!!ILS 1.o BrJOX 190) OHICII\:,. ltWJH:JS SAN OltGO co;;r, TY, Cl\llf. 6. S. GRAY, I<(COROlR NO FEE ,-/l''l' i\C.:i ~ ~.:rtf-.:~ I 0 s T'l r••u· 'IQ'J''•I' Qi4'(~..,..: .;1,. • .l ..... ; :· ~\J'. 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Jn..·,.ilv~ .n: Tho$e port.ion~ of .R.sncho Agua Hediondn 3ccorcling tc. l'Llrtiti,'ln ~a.~ thereof No. 823 filed in the ~ffic~ ~{ the Recorder oi ~•id c~~nty s ... ·.·~=-~(\:-:!.~. ! sra :=... .O~F-:=.::: ~ :--~~ ~:. :· .... : ~ :-..~~: Bc~innir-...:: at th\!' S.:-u~hl':-ly tt:""::-::i:-n.t~ ~: Coor>'• ~~ • .3$ ~:-c,,,,.::·::hC"·~ ~~c!c! et' t~~ St.,:-~.' ... -.: CJ!i:-v:--:~! .. '1 ::-.. ~ r~~s: !:..:-~tt .t':'1d ~..t~~c!.l:t'~ .. -: ~:::;_,~~ :· •. ,·. : .. • ·-...~1~· :.~. l::)SJ ~~:·~'-=~W:~:~: X ... "'.~.::::-~~ .. .::"~!~.: :..n 5-:&~ ~-;.;,.:._, ~'~ ..;..~'-.• C':'t'.:.-::.4: Rec~":-~~·' ~= ~.r;-.= ; ..... :.:.:::'· •$. ::..r:i.:c•.:! ~,. -1 :. .!~~~ ~~· 0:: :.~~ -: .. ~~~~:-.,.:~ ~ ........ -. -· u-~~....... ... ... ..._._..;.;,_t~ .. _ \t :..; " .-..--: ..! .... ~"' .. ... .... .X • • • , ...... ~.:: ..... . . -.. --t' .... •'111.:-~ ..... ~ & ........ "" ................... ~~ .·~ ........ ~ -·· ........ , ..... -.. -•• ~ ...... • • ~--""" t ~-!~ .... :-:.:e d:.:a-::..' ~.A!..: .:c\;:~.: ~'""'' ~;.. ~ ...... :~· .... .:·.:.~"·E .... \s.J•"s•:'r.., ..... ;'~-r ..... ;~ .:.,"'~· =·l:.-;:. ff'ct :c-a pcin: ir: ,'1. n.:on-t.1r.gjp~t: ~-u.t"".·• co~•v• to th* $-.)';tCh'"· .. .~or. !•·.-..· l '!'S.dius of 650 feet I a rAdial line-tc Sftici curv• at· •ai-d ~int ~cJn•;, ; .. ~5')33'36"£. 1 thence N~rth'IJcsterly along said curve tht"Cl\.&~h o~~n .·m~1·~ •'l !9°4-8'47" a distance of 3JR.22 ff'&!t t" a. point in • non ... t;mAtont llnc.·: :.iJ.:n •. • llc.•ng said lineN. 72"58'06"W. I l91.46 fecti thrnce N.67.28'"51''l.; •• lOl), ·; •. ~cct; thence N.Sl0 09'3S''W., 1JJ.5n feet to a point bt r.h~& NorlhfiM;Jtor.>: 'oundary 'line of chat parct!l c.1i land dP.:-scribed in d~••d to th• St•t" o( :,'l}i fornfa recorded AuguHt 30, 1935 in Book 432 • paJ!;• 60 o( 0£(1 C: ln 1 ltttC"• ~ did poinc being in a cur.vc concnve to the Northeaat. having a rnclh.u •. •! 54~.87 !.:!~f:, a r:1dial to ~;.Jid curve (ror:t blt!.rt point b•ars ~:.S~"51'3,..'"t:.. h"•ncc. Southeasterly alonr. :u\ id curv<!' thrnn~h an M\~.lr O{ l ~ 3A' 57" ,\ ~h :'\\.••··\ , R/w 9704 u .. so .. s .. 46.5 . l"ui'M 11/W•I/o ll•ftlt ••• II 111111 ..... I olt ~·~ .... --- 2- - • • -----------------------------.................. ~~~------- . ) .., c-t 102.18 feet, and continuing along laid boundary S.J4°47'21HE., 304.95 fe~t l~ the Northerly terminus of course 36 as de1cribed in first mentioned dt.ed t.n t.h&: St;ate above, t:henc• ,.lons 1Udd ~our•• 36. S.54°23'5l"E .• S2G.09 f·~r.t t (• t.lr~ point of beginning. Beginning st the Northerly terminus of Couraa 10 •• deacribed in ~a!d first mentioned Deed to the State of California ~rom Paul Ecke, et ux, •~ ~~rked by a 6 inch by 6 inch1concrete mon~nt bein& at coordinate• Y·=349,859.64 feet and x .. l,670.414.53 feet, thetaee S.47.28'23"E.!. l8S.23 ftoet; then::e S. 5~0 32 1 55"E,, 142.76: feet; thence S .65°49'21''!.., 28. ll teet to thto t,!esterly line of the 100 foo1:' right of way of tha At~hiaon, Topeka and s~nta Fe Railway Company as aescribed in deed to the C•ltfornia South~rn Railroad, filed March 10, 1881 in the Office of the Recorder dE said County in Book 38, pafe 171 of Deeds, thence continuin& S.6S•49'2l"E., 352.t9 feet; thenee 5.73°39 04''E., 287.96 feet; thence S.84°2l'l2"E., 96.4.5 feet; thenc~ r.45 13 l65'59"E., 68.4'1 fe.et; thence N.1~45,2S"E., 565.88 feet; thence. ~:.13°45'3311\Jq 255.98 feet; thence N.21°29'2l''W., 551;84 feet; thence. ~:.Z6"10'00''W., 1450.00 feet to a point being at coordinates Y•352.082.18 f"c:. .:..:1!.1 X•l16i'0,550.47 feet; thence N.34°41'49''W:.A._l01.12 feet; thence ~ .. 26°46 ll''W., 950.05 feet; thenee.N.35°37'5;t;"W., 309.SS. f~et; thence ~:.39°57'39";.T., 504.90 feet; thence S.83°J7'10."W., 1S3.33 feet; thenc:~ t:.Z2°28'20"ll., 10 •. 00 feet to a point 30 fflet Southerlv measured pe~encficutHrly fi:-00 the North line of tha!: parcel of lAnd de•~Ccibed !..n deed to Paul Ec'ke . r~corded A~ril 29, 1948 under File No. 43669 in BoOk 2778, page 348 of 0fficiRl Records; thenee parallel to and 30 feat Southerly oF. said Northerly lin~ N.67"'J1'40"E., 107.5.00 feet to a line 'lh1ch baara N.22''28'20''W. from :1 p1:>int being at coordinates Y•354,036.7 6 feet and X•l.670,405.20 feet; thence along last said line S.22°28'20"E., 20.00 feet to l•st coordinated point; t::1~nc:e S. 55 °16 '34 "~1. , 268. 78 feet; thence S. 02°15 '42 ''W. , 271.66 fee:t; thenc:P S.l7°28'07"E., 296.14 feet; tht!nee S.21°17'20''E., 548.69 feet; thence S.26°10'0011 E .. , 1850.00 'feet; thence S.25°l2142"E. • 300.04 feet; t.her.ce S. 26°49' 12"E., 90'0. 06 feet; thence S. 33°45'41"E., 151.33 feet; thence 5.41°3'2'36"!., 207.42 feet; ·chence S.45°41'18uE., 583.55 feet; thence' S.74°0S'l9"E., 169.57 feet to the No't'th line of the Right: of Way o! Palom.Rr Airport Road ss described in d~ed to the City of C•rlsbad filed in the officr of the Recorder of said County December 7, 1959 as Docuoent No. 251738 in Book 8030, page 216 of Official Records and also on plAt of Road Survey 1534 on file in the offic6 of the Surveyor of said County; thence 5.02°09'3711\o.'., 100.00 feet to the Southerly line ~f last aaid light of Way; thenc~ · 5.73°05'57'~.! 1SS.57 feet to a point beinft at coordint~es·Y•349,200.02 feet and X•l 672,4)1.25 feet; thence S.02°25.02 E. 136.57 feet; thence S.l2°40fl5"E., 257.10 feet; thence S.22°S3'46"'E., 46.80 feet to the North . line of that parcel of land described in deed to P. A. Hortor,, et ux record~d ~n ~3id Office of the R•eo~dar of a•id County. March 10. 1944 under Recorder's F;1le No. 17399 in !ook 1641 at.pago ·437 of Official Records; thence along s;n. id North line .N. 89 11 26 1 41 ''W. , 465. 23 feet to a line which beers S:.34°17'48"E., from a point being at coordinates Y·348 930.63 feet and i:ftl,671,959.67 feet; thence along said line N.34°l7'48~w., 189.43 fe .. t to ~ast coordinated point; thence N .. 46°18'10'~. 319.53 f•e~; thence . N.62°06'32''W., 247.0.3 feet; thence N.84°28'34''W., 304.<.1 feet; thence S .11°19 1 09'tw. , 228.86 feet; thence S. OS 0 36' 29"E., 114.01 feet; thence S.l9;06'15 .. E., 186.45 feet to· the boundary of said parcel of land conveyed to P. A. Horton, et ux; thence along aa.id boundary K.89°26'4l"W., 78.18 ft-ct: tjo the Easterly ~.ine of the right' of way pf the Atchiaon. Topeka and S:mta Fe - ---- ---- -- ==- ------ --··~ - I R/W 9704 ;; ·A ll·SD-5-46·.5 · .. (cant'o) . .. •) R:: ~ l·.~·~ ,. Co. as conve\·~d b..-craed co thP. Ca li:t'ornia Sout~e:rr. Railr~ad £i lc.: !. ':':. ::he office of :he Recorder o:. said County March 10, 1881 in Book JS of i1J.;aJs tit; p:!!gc 171; thence alon~ said Easterly line N.22'~30'29 11lJ., 616.62 fee:: tc a l~r.r. \o.l'hich bears 5.66°14 37"E., from a point bein1~ .at eoordin.ttes \"•34~,t..92.4::. ::'t..'~:.: and X•l,670,602.65 feet; thence .along said l:l'L".e N.66°l41 37'tw., 347.10 ~cc: to last coordinate~ point; thence 5.11~49'19 1~., 68.46 feet to th~ So~:herly terminus of course (9) as described in said first mentioned dc~c :o ~he State of California and as markecl by a £ound iiix 1.nch by six int:h cc.ncrctc ::!.~ht of way m\lnumcnt being at coordinates Y•349,·+25.42 f~et and Y..-1,67C1 .5S~. :·>·1.~70,5SS.63 fee:.; che-nce along :.he bound..~ry of State l~n~ as desc:ril.Jed by s.zi.c deec, ~.13c2i~33'",..· .• .2S4.54 feer;; and s.34,24'44' .. .J., :~0.90 !ee: ~t:~ :::~~ ~~i~: of ~eginning. :'c§e:he:-t..·i:h and .in acd:ition: Begin..-,ing at said Scu::~e~ly tc:r::.i~u!t ..... ~ ~.:--;;=s~ . in i:::rst ::en:ior.ed deed t:o t:he State •b::.ve. t.her.ce a.:..~~;:: ::he bctt.:~c:~.-•· .... • ~r.~ ... , ... c.~ las .. de·c-~,..e.J a'-'"'v ........ l, .. ,~'lo••':' o·s ~-6 .::e,.t· ..... ~ ..,_ .... .a.:: ..,~ .. t!. ... ~ :. .. _:,; t.,; ..,,. ~ .,'1J,. .. fi.l.7 ~ ..... •. •"' -c.:: , ~ •• w .J.~o··::.~'37";;., 185_9':" feet to said North line or I•aloma= Air-por: zt..:.l!d ":":.._..~~· ·1:: w.:y: thence:: along said North line N.lH";o~.ZJ''t~ .. , 17S.Jl fc~:r:. to !I ::'·'~lH' :.i~ Course 8 f.n said first mentionad deed to the .Sto~tc; t:hC~'lcc 'tlon;-. sn 1.-! • C·~UrSf2 a' N. 81 Cl49 ~ lO''W .• 9 .15 feet to the point C•i: beginning. ~ EXCEPTING from Parcels 1 and 2 abo"e any 'f)Ort:ion th~reof c~.mtrd n•·~l ;d thil" the parcel of land conveyed to the Stat ~Po of Cn!. i. (orni.;J from !';;u l Ec:\v· artd Magdalena Ecke by said <leed recorded as Document No. 8311S on .;un•r. 11!. ~r1r,·, i~ Book 4894. page 494 of Official Records. · Reserving, however, unto tl1e grantor, his S\IC:cessors, And asr.lgn~. L~w right to install, replace, repair, rcmo"c and maintain wac~r nnd s~~cr ~ipeli.nes transversely under the State hi~h\'78>' at Engineer's St.:::! rion~ ~ 1859+07 and 1869+63, all said Stations be ins on the 11 Cbc1" Line of the Sta'te Departmer,t of Public WorkJ' Survey of !963 for .'1 fr:c·l~nv in San Diego County. These underground iaciliti.e.s shall be: ~nstall<!d he.-· ncttth the surface of the highway within conduits to be constr-.1cte::d, c"'rn~r!. nnd maintair.ed by the grante~ transversely across the Sta~e hi~h~~y ~t ~nt ! Engineer's Stations 1859+07 nnd 1869~~3. · The r:1gbt8 res~rverJ by ch~ grur.t:cr sha ~ l be subject :o the follc ...... u~r provisl.ons: ·· l'hc gr&~n~ort s ::-::l.ght to repair h~s fac1l1tias cxietin; \rlit.htn t:l",,• ~t..n.,•· .owned right ot way iS limited to ptertorming such roair.:-:~no:1ct:o nnr.l rt-pllil"' ~ o;<.l!; outside the highwAy l:'i.ght of wny. In no in~tencfl t'hal'i tht! F;rantC\r lMvc· ·: •' right to trtverse ox l.r.Se the. highway right of wa~· .for maint:ennncP. Ot' ~t:p .• ! •· · 'of his facilities without aec:uring the is~u•nc:e ·c,f • pe::nd.t from thr. ~~tnt f:'. which apprcn,al shal·l not be unreasonably withheld. · Said Parcels 1 and 2 cor:tain 45.34 acrea, mor• or les!i, ttl nddit:i.on rr.o the nr~a within Palomar Airport Road aa deacribecl in said dt>ed to the c:;:. •• of Carlsbad by deed !iled December 7, 19)9 as Doc\,men,. No. 251738 in Bo:.i ... •.·n"~. page 2l6.etf Official Records, and also tnc r~rea withia 8•id Atchi:son,!O':!tJ~L· .•rr:. Santn. Fe Ruilway COlnpony right ~f way "& conveyed by docc."Dcnt in B:)ol; ~~ ,! Dee:df· 11t Page 171, records of said County. . ... ·~; R/W 9704 . 11-SD-5-46.5 f;t/t. ~·~ • ·-·-- ------ == --· iiiiiiiiiiiiiii - ---iiiiiiii ----- 1:his conveyance as to Parcels 1 nnd 2 above 11 ude for the P~\-cpose of a ~rcr·wwy ond connecting roads .ond the grantor hereby release!; and relinquilSht",; ::er the~ grantee snr and all abutter Is right:s' including ace~S!l rights t :.ppur•· :.t?,,"ml; to gr•ntor s Tem~sining propez:ty, in and to aaid ft•eewsy, ·and aaid ~~~n~cting roads. 'F~;:CEP"rJNG and Reserving however. unto grantor, his suceessors or ll081gtlto, :! .. ,_, r.'tght of access to soic (reew.ay 11ncl connt»cting roada over and i'C;"OI't.~ the (~llow1ng dc~cribed lines: Thn c.-:tstcrly 352.2,9 fe<:t of th~: cours~ described abovt.· wj th 11 length l)f 'l.~.r>. JO fect~the we·~terly 277.96 feet of the course w1th a· le-ngth of 287 .~)(> ~~7.9~ feet; the westerly 25.00 feet of the course with a 1--ngth o£ 153.32 :~·~· ·:. ~ the courses "-'ith l~ngths cr 10.00 feet:, 1075.00 feet and 20.00 feet·~ ":"'.~· l!::ln~~rloy 135.00 fe-et of the course "Wit:h a length of 268.79 fe~t~ th~-' '~!.;-t(:rly 20.01j fe(!t of the course ~itb .e lengt.h of 169.57 fer.t; the <:our~(· '·d!'h ;1 l~n~th of 100.00 fC!et~ the CIHiterl)' 20.0() fel!t Of ~h~ COUrSe "'ith A .. ~·~gt:h of 165.57 feet; the course with 4 length of 465.23 feet; the v~r.t~rly lJ:.} .1'):1 feet of the course with a length of 304.41 feet; and the cours~.!l with l~n~~t:h~ of ?.28.86 t"eet, 114.01 fpet, 186.4S feet. ?8.18 fee·t ... 616.62 fe~t. 'i4l.lli fc~t. 175.31 fe-er:, 9.15 feet, 284.54 feet and 190.90 reet. ?A:V:F.!.. 3: ----- comn,Qneing at the Northeast corner of that pa~cel of 14nd conv~y~d t~ C.:Jr1.;,hnd lndust:t'illl Development by deec:l recorded O.c@Ulb~l:' 4, 1956 in Bonk 6J(,,, fl·'lt;r.: 11•1 of Official Records as autt'ked by a 3/4 inch iron ~ipe wf.c:h ta~ ~t~rn?edR.E. 9822 being at coordinates Y-348,772.09 feet and X•l,672,277.1(, [c(·t, thence along the Northerly line of that percel of land deserihed in dc• ... d r,l') P. A. Korton recorded in Book 1641, page 437 of Official Rr~orti~ ~;. H9" 26' 4l"E .• 654.59 feet: to the Point of Beginning; thencP. N. 2"09' 37'1E .• t,.;r~. CJ2 f\:~t to the South line of said righr of way for Pa lOI'I\ar Air:'T'ort T:m:Jt.J ·,~; •:onvey~d to the Ci.ty of Carlsbad; thence along t:laid Souch line o,; • ..;~")()' .?3~'w., · 60.00 feet~ thence ~aJ:4ll.el to and distttnt 60.00 feet: w,~l'"tcd~. fn'l·n ::l·a(.~ course descrtbed above with a length of "'•69. 92 feet" S. 2°1)9' 37"i~ .. ·, n. f.O C.:-ct to said N(')rtherly line of Horton land; thence along said Nort:h·:-~ I ~i~l'~ S.83'.26'4l".e:., 6C.02 feet to the po:int of beginning. Sstd Pnrccl 3 contains 0.65 or an acre, more or less. l.r.. to ~.!!reel 3 described above, the grantor further und.el"stands that th• .. ;.!'J •• r:n: ion of. the g-rnntcc is to c:oru;truct and maintain a -public higlmay on ~he lf1r!r.l~ hf:reby convcyea in f._.e and the grantor, for himself, his suc::cCBsor:; nnd •\'l~d {',ns. hereby waives any claims for any and all damages t.o granto1:'' s rcmtdl"'- .: ng J>ropcrty contiguous to the prope"J:"ty hereby conveyed b>· reason of the !"<~,,tion, construction, landsc:.ap~ng or maintenance ~f s~~d highw.ay* (A~ used above~ th~ term ·•grantor'' st\sll 1rn.:l-ude t.he plur.ol as we!.l lls ::la.: :; t~wt .. l,,·r nurnbcr and the words 'himself" and "his" shall includ£ the femiq.ir.e ~~f;'r,•lr·r ns ·the CAse may be~) ' '-{'!lit, R/W 9704 ll·SD·S-46.5 . 1-p,.t,.w ( Conr: 'ti'- --. =- • --------- -- ----- -- ------- 5 - PARCEL 4: IN ADDITION, the Grantor further grants to the grantee an easement for dro inollgf· purposes over and across that -portion of aaid Rancho Agua Redio·.nda within l1 strip of land 46.00 feet in wldeh, 23.00 feet each eide of a line describi!d as ·follows: Beginning at a point in the boundary of Parcel 2 described above. diHtant :;.26°lO'OC"W., 800.00 feet, along said boundary from the Southerly terminus •:!.[ tha::· course deacTibed with a length of 1450.00 feet; thence S.73~47*24"W., ~,60 .. 36 !feet; thence s.6711 29'3l''W., 88.32 feet to a point in the Ea~t line of the> ·lOC' foot right or way of the Atchison, Topeka and Sant• Fe Railway being t.>Ppot.'it~e Engineer's Station 2200+03.4 on tbl: centerline of $aid right of wa: ... The side lines of ssid strip shal~ be prolonged or shortened to ~erminnte -~ Lh~ ~o~ndary of Parcel 2 deseribed above and ~he Eaat line of said 100 toot 1:.1 i lw~y right of way. li.XCEPTING from said stt:'ip ~he portion within the ~arcel o.C lend rl-P-sc. rited iil clci:d to the State of California filed June 18, 1953 •• Docume"lt No. 83116 in Book 4894 at page 494 of Official Records of said County. :5aid Parcel 4 contains 0.32 of an acre, more or less, in addition t:> t.lw pvrtion of Parcel 1 desc-ribed in deed to the State recorded as !'•ocument No. 83115, filed June 18, 1953 in Book 4894, Page 490 of Official ~~cords of said County. :-.:: e =-·~.£:-:...-:.;:~.. ci.r.::anc:es and coordinates usecl herein •re on the ... , : !.:·.:-~--:: i.:f ;.:':~:-~;~-':". i:: ~=e:. z.:o~ ~. ~..:lt.:!.ply said dis~anr.es by 1. 0000370 · ..... :· ... ·:Jr:.~ ~:-~~ . .: -C'\"t!.r. .:::s:at:!...:f$. The d~te or po~5e~s1on by ~r~tee ot ~h~ herein cescr!bed p~o~~!y s e·lther April 3C:• 1'!65. or the reeordA'tiOn date ot thln deed (wh!ehever ~ccu:r" t'1rat). ! It. l~: mutur.r.ll:,r und~r-utot;>ct :tnd ag:-'Joed thr1t gr1tntot'1 3 :••.!m:lln!.nJ.o~ ;.>:•o'Pt!-rty ~~nv.:rly ()f' the: rlgnr. or w·a.:r of the A t:chl son, Topektt, and $unt~ :-·~ r~:11J way :ompany ~..1.t1d adJ~oor .. mt 1.rJ th~ prope::-t;; C1ccc::-tb~a hP.t-einabo,,.: n~ ?at-c~.l 2, 1::-. <:. .. ndlockf.:ct, :1.nd wl t.hout ~ny d1r~ct accce~ to th'! t·r~cway or t.o nny rmbllc ::,r tri't~O.t.~ :-oad, and g ... anr.or:; hr!::O•~by r~l1cvn gr-unt~~ or <.1ny llnb~llty to provloc .c~r~~~c tv thr.: l"cm;-~.1n1r.g lan<llockcd property. ' · R/W 9704 ll-SD-5-4~.S (Revised 5/6/65) " ,I 1 ... - ------- ORfGfN.AI_ ., " •• • .,,1 . . ~ .... ,, . . ··'l·•'-'' .. ·e----- / ·-·-----·~-. ~ .. ";: t!:: I :.;:.:: .:.:", .~; ;:; .;;(CO . • .r ~-:. : .... 'J :IJ:J .';:.· 'GS ~llfll:-i v BIJOX l9G!> OHICit.:.. ltWJI<!JS SAN OiHiO co;;r, TY, Cl\liF • A. S. GRAY, i<CCOiWUt NO FEE .n'l''!• J\C.:i ~ ,. .·· .... ~~·' · · ·:~11; :· ~·r.~ · • 51"ACC AUOVI: THill J.JNE 1"0" RICOftDEit'• U!tE -·---·--·-.,..·-··----·---· GRANT .DEED ROUTE SKTIOII JIUNIQ -· ll SD 5 P./~ R/"r: '"""' ~ j ..:,6 • .; ~;-~-l ---loo IU.''-L .L ---··-----·-··•-•·-••• l:!~~b.~l!!.Ci...~\A!!:i. . ..JeL.;i ~·I·~·---·w• .. _...,. "' ,._ '' .,.,.,,,,,,,, • _______ _..._, ·---~-·---......... ·-··· ··-------_______ ....__ ________ _ ------··-·-----·-· -···· . -· __ ....... ,_, ___ .._ • • _L_ Ci tv o £ 5:=-n Dic~o. GR.AST to EM STAT£ OP CALlfOR::-..: lA .&11 tlut rt.&.l rrc•ptttf m UJC. • ·-.. ..:.-• • • -~.. • • ... • Count:r t:l(. ·-···------~.'1~--D~~~-~ .. _ ---·-· .. -·-• ~:a:r tli Ca.!:famia. Jn,·rihr,£ .a~: Tho$e portlons of Rancho Agua HediC'nda :~ccorcling tc. P'~rtit:i.,·m ~.a.;> thereof No. 823 filed in the offic~ ~{ the Recorder oi ~•id C~J~t~ ~ ..... ~t"t:r.~C':-:!.~. !SO!-.. .:if':=.::~::.~.: ~:. :-,:.:~;9..:-~: rARCEL 1: ------ Be~innif' ..... ~ at Ch~ S.:-u::h('::-ly tt.':-::~n·:.s~ ~f C~r:l• ~-'· .j:) .J:o-c,• ... .::·:~"('•~ . ,• , -1 -~ ,_\...., ~fl> ..,..,. ~ ~·-1".• :.-" .... ,.: ··r t',., • t""-." .....J \1 ~~-' ...... ~ ....... ~ ••, • • .... ~c.:c .... " ""''1"-.. ~.,,ea; ,. "'-"A ..... '-••···• •• ,1: .... a .. _,...,,~ .t':"1Y.:...t~~-~ ••• -~. •. .._,_,.,. ........ .. .. •..,;:-lt: :~. l~~J .~~:·A'-=~-=~=~: ~'-.... ~~~ ::-~~o~.:. {= !~~ :..n 3..:.~ -:..,..-;.-._.., ~..:.e ... ~"' .• ,., •• .: ..... ..: • • ~,..,. • .., .... .: .:' ""; • "" .: .: .... "" .... .. • • - -t. -"' • ..;, •"' ... -.... "' • ..:. • .. ' -... ... ...... .. \. ........ a. :'L~~·~·--ioi; .... :-... ..-"' ............ ~~~.,.a ............. ~ ·fl.., .... a.;.:;e: .. :' ~ .. ':").; ....... ~.,. ... ,..~ :-.~·:.=t .. ~~ ~:~,..,.a:..:~ .. ·':""~:.::~~:~$ ~fl ..... ~:-.. "'.;.'·:..~~: ... ,:.-::~ .x-:. • .e-·: .. :· .... ·~ f .. , .. :.' :-:~ .... :~.:e .a:-='::..':;._.!~ -:c-.;:s~C x ... ..,. 1~. ~ ....... : .. ·~J·.:.~"·!: .. ,\s.l•t.:'s*:-r."·-... ;' .. ·:-..... l:..! ._:a."'.· .. 1"' "' f . . h. ' ~· -··~ t'Ct :C" 11 f'C'lnt 1r:. .'1 n"n·t1r.g~r:t: ;."t.t~·• concav• to t • S..r.lt.t"'· ... ~ot !•·•" 1 '!'Sdius of 650 feet, a rAdial linf.' t¢ SRicl curv• at· •aid r-.,>int ~<:Jn·:. ; .. ~5"33'36"£., thence N~rchwc:;t~rly along •aid curve thro'.a~h An .'ll\~1·~ .•: ~qolj.8'47" a distance of 33R.22 r,..~t t(') a. point !n a non•t:mAt-nt 1 tnc.·: :.il.:n ... • Jlc.•ng said line N.72°58'06"W., l9L46 feet; throne• N.6r26'"51'"t.;., lOv.·; .. ~cct; thence N.Sl0 09'35''W., 133.5n feet to a point ~.n r:h• .NorLht~M:,r.or.~·: 'oundary 'line of chat parct!l ~.,,£ land dP.~cribed in d~••d to th• SUitt" o( :.'lliforn:l4 recorded August 30, 1935 i!'l Book 432, pall;• 60 oC O!rtc:1nl Rflc:'' !' Jid poinl; being in a cur.vc conc11Ve to the Northealt. having 11 rndh'l• ,,( ')4C? .87 f.-!~t, a l."tldi4l to ~.Jld curve (t'OI:t ,,w~.•i pCI!.nt b•ar.s ~L S~"51' ]~">'''!.:.. h\.•ncc .Southenr.terly alonr. :utid cvrv<" thrnu~h on A'l'\fl.lr O{ l"JFl' 57" ,, ~.!):'\\.~~"'•, 1~/w 9 704 u ... so .. s .. 46.5 ........... •t ........ ·~ .... --- === ., - • • ____________________ _. .......................... ~~·~! ____ ___ e· . ) ..., cot 102.18 feet, and continuing along 1aid boundary S.34°47'2l"E., 304.95 fe~t t~ the Northerly terminus of courae 36 aa deacribed in first mentioned dt.ed t.n Lh&: State above, thence along saf.d courae 36. S.54.23'5l"E., 526.09 f·~f!t t .-:. t.~.c point of beginning. Beginning •t the Northerly terminus of Courae 10 •• deacribed in ~aid f~rst mentioned Deed to the State of California ~ram Paul Ecke, et ux, •~ ::-&Rrked by a 6 inch by 6 inch 1concrete mon'UIUnt beiftl at c:oordia.te• Y·=349,859.64 feet and x .. l,67~).414.53 feet, thence S.47.28'23uE.~, 185.23 feoet; then::e S.5~0 32 1 55"E., 142.76:~eet; thence 5.6!5°49'21''!., 28.11 teet to the ~!esterly line of t:he 100 foo1: right of way of tba At~hiaon, Topeka and s~nta Fe Railway Company as aescribed in deed to the C•lifornia South~rn ~ailroad, filed March 10, 1881 in the Office of the Recorder d. aaid Cou·nty in Book 38, pafe 171 of Deeds, thence eontinuin& S.6.5.49'Zl"I., 352.1.9 feet; th~nee 5.73°39 04''E., 287.96 feet; thence S.84°21'32"E .• 96.45 feet; thenc4!' r.45~45'59"E., 68.4'1 fe.et; thence N.l~45'2S"E., 565.88 feet; thence. r:.l3°45'33.,W.~ 255.98 feet:; thence N.21°29'2l"W., 551;84 feet; thence. ~:.Z6°10'00"W., 1450.00 feet to a point being at coordinates Y-352,082.18 fee: .::Hl x-1,670,550.47 feet; thence N.34°41'49''W:.,.__l01.12 fel't; thence ~.-26°46 ll''W., 950.05 feet; thence.N.35°37' S;c·w., 309..55. faet; thence ~~.39"57 139";.,., 504.90 feet; thence S.83°37'10 ... W., 153.33 feet; thenc~ ~:. Z 2 o 28' 20"~. , 10 •. 00 feet to a point 30 feet Southerly measured perpendicu br ly fi:-.00 the North line of tha!: parcel of lrmd de•~Ccibed. in deed to Paul Ecke!! . r~cord~d April 29, 1948 under File No. 43669 in BoOk 2778, page 348 of 0fficiRl Records; thence parallel to and 30 feet Southerly of. said North~rly line N.67nJ1 '40"E., 107.5.00 feet to a line 'lhich beara N.22 11 28'20"W. frOCI :1 p•::11nt being at coordinates Y•354,036.7 6 feet and X·1~670,405.20 feet; thence along last said line S.22°281 20"E., 20.00 feet to l•st coordinated point; t::-t~nC:P. 5.55°16'34"~1., 268.78 feet; thence 5.02°15 1 42 7'\l., 271.66 fet:t; thtnCP S.l7°28'01"E., 296.14 feet; thanc:e S.21°l7'20"'E., 548.69 feet; thence S.25°lO'OO"E., 1850.00 i:eet; thence 5.25°1214:!"£ .• 300.04 feet; t.her.ce S. 26°49' 12"E., 90.0. 06 feet; thence S. 33°45' 4l"E., 151.33 feet; thence. 5 • 41° 3'2' 3611!. , 207. 42 feet; ·chence S. 45 ° 41' 18"E. , 583. 55 f~et; thence S .. 74°05'19"E., 169.57 feet to the No-eth line of the Right of Way of' Palomar Airport Road as described in d~ed to the City of Carlsbad filed in the ofricr of the Recorder of said County December 7, 1959 as Docuoent No. 251738 in Book 8030, page 216 of Official Record& and also on p1~t of Road Survey 1534 on file in the offic6 of the Surveyor of said County; thence S.02°09'3711W., 100.00 feet to the Southerly line ~f last daid Right of Way; thenc~ · 5.73°05'57'~.1 lSS.57 feet to a point beinft at coordinltes·Y•349,200.02 feet and X•l 672,4,1.25 feee; thence S.02°2S.02 E. 136.57 feet; thence S.l2°40,1S"E., 257.10 feet; thence S.22.53'46itE., 46.80 feet to the North . !ine of that parcel of land described in deed to P. A. Hortor,. et ux record~d in. ~ftid Office of the R•co~der o£ s8id County. March 10. 1944 under Recorder's F;1-le No. 17399 in Book 1641 &t_paJo ·437 of Official Records; thence along S,:lid North line .N. 89 ° 26' 4l''W., 465. 23 feet to a line which beers S.34°l7'48"E., from a point being at coordin•tes Y•348 930.63 feet anc i; .. l, 671,959.67 feet; thence along said l:l.ne N. 34°17' 481'".1., 189.43 feet· to ~ast coordinated point; thence N.46°18'10'~. 319.53 f•et: thence . ~~.62°06'32''W., 247.03 feet; thence N.84°28'34''W., 304.<.1 feet; thence S.11°19'09''W., 228.86 feet; thence 8.05°36'29"1., 114.01 feet; thence S.l9;06.15"E., 186.45 feet to· the boundary of aaid parcel of land conveyed to P. A. Horton, et ux; thence along aa.id boundary 1.89°26' 41''W., 78.18 f .. cr tlo the Easterly ~.ine of the right' of way ~f the Atchiaon. Topeka and S3nta Fe --· ---- --- -- --·- (cent '6) ~:: ~ l·.~·.:i \' C:1. a~ cor.\·e~·t?d oy c~ed co thP. Ca li!ornia Sout:,ern Railr='ad file.: ~ ':": ::he Office of the Recorder o:. said County Ma~:ch 10. 1881 in Book JS of' il~t:"ds rtt p-=1gc 171; thent"e alon~ said Easterly line N.22'~30'29"1J., 616.62 fee:: tc a l:r.r. M.·hich bears s.66°l4 37"E .. , from a point beinl~ at coordinates \'.,.34~,t.92.4;. ::l.·~:: and X•l,670,602.65 feet; thence along said l:l'L".s N.66°l4'37'\7., 347.10 icc: to last coordinated point; thence 5.11~49'19 1~ •• 68.46 fc~t to th~ Sow::herly terminus of course (9) as described in •said first mentioned dc~c.! :o ::he State of California and as markecl by a £ound i~ix 1.nch by six inch cc:.ncrctc =I~ht of way m~numcnt being at coordinates Y•349,425.42 feet and Y.~l,67Ct.5S~. :·:··l.j'?0,5SS.63 fee:.j che-:-:ce along :.he bound.~ry of State land as descriLed b~· ,:;zi.~ ceec, ~.13~2i~33'" ... · .. .284.54 feet; and ~.34,24'44' .. wJ., :90.90 !ee: ~tl ~::.~ ~~i~: of beginning. :'c2e::her 1o·i:h an.: in acd.icion: Be.gin...,ing at said Scu:ht.?:-ly tc~r::ii\u!> .. '! ;;.:--;;::-se: ~ in ii=st ::en::::!..or.ed c:eed t:o ~he State •b:),,•c. t.her.ce a:.~~;:: :he b~~c.:~.--.· ... • .... ~ ....... c ,1 1 ~s .. de~c ... ~""e.J a'-""v ........ l, .. ,_!'l'lO'':-;.s 46 .:e=-..... ~d· ...,_ ,..:.&.: ..,-ra .. t: .... _..,.. • !t ""'-WI (.; .,,. ~ ·"• • •1•7 " ••• 1 ,Y' • -c::,_., C1•• 2.~6'"~4.'\.37"£ .• 185.9:" feet to Solid North line of I•aloma~ Airpor: n~.~d '!"':.. ... ~~· .,;: w.:y: thence along said North line N.lH"50r.ZJ"I-I •. ~ 17S.Jl fcc:r. to 3 :=t·'!JH' :.i~ Course 8 in said first mentioned deed to the .State; 'ChN,ce ~tlon;'. sn r .. ~ ·c·~1 •• trSf1 a, N.8P49'10"W. • 9.15 feet to the point of beginning. ~ EXCEPTING from Parcels 1 and 2 abo'\le sny portion th~reo£ Cc.lntn1n,• .. l ~:ithi.., the parcel of land conveyed to the StBtll?. of. ca:i.fo:rni.:z from !';iul Ed(l• artd Magdalena Ec:ke by said deed recorded as Document No. 83115 on .;unc~ 1~. ~r~~·. i-:1 Book 4394, page 494 of Official Records. · Reserving, however, unto the grantor, his S\U:cessors, and osr.lgnN. Llw right to install, re~lace, repair, remo"c and maint~in wac~r nnd sP.Wcr '{Ji:peli.nes transversely under the State hi~h\·1&)' at Engin~er' s St.;ll:ion~, 1859+07 and 1869+63, all said Stations bcin8 on Lhc "Cbd" Line of the State Departmet"lt of Public WorkJ' Surll'ey of :963 !or a fr:c•t:\oln\' in San Diego County. These underground iBciliti.e.s shall b.:: ~nstall<:cl hc..-· ncllth the surfac:e of the highway within conduits ·r:o be eonstructe::d, ~-nl.'r!. and maintair.ed by the ~rante~ transversely aeros~ the Sta~e hi~h~~y ~t ~n!! Engineer's Stations 1859+07 nnd 1869~~3. 'l'h€! rigl&t:s res.!rved by the gra~tcr sha ~ l be subject :o the follc"":u~r. provisl.ons: · l'hc grc1ntort s ::-::tght to repair his iac1l1ti~s exie~ing "'it.ht:'\ tl".'• ;")l.H.,·- .owncd :right of way .18 limited c:o perrorn,1ng such Mair.:~e-nlmc~:> nnd reop1dr ~ -;~, .. ~; outside the highwAy l:'i.ght of wny. In no i.n~tancfl r~hal'i th~: F;rat\tC'Il,* h11vc· ·: •• right to treverse o:r l.Se the. highway right of we~· £or maint:ennncP. o-r :ot:p .• .! •· • 'of hie facilities without securing the is~u•nce ·c,f • pe:m:!.t from the :Ot.nt co, which .appro\1al sha~:l not be unre .. son4bly withheld .. · Snid Parcels 1 and 2 contain 45.34 acres, mor• or less, 1n nddition t~ the nrea wi~hin Palomar Airport Road as deacribecl in said deed to tho C:~:. •• of Carlsbad b>: deed !iled Deeember 7, 19!J9 liS Doc\,menr No. 251738 in Sod, ·.·n"~. p~ge 216. c1f Official Records, and also the rn:·P.a \1Pith1n aaid Atchison, !CJ~tA:(.. .• r.-;. Santa Fe Ruilway COlnpsny right ~f way ~& conveyed by docc:uc:t'lt in Bool: ,;~ ,! Dc:ec:lf. at Psge 171, records of said County. . .... ~.: R/W 9704 . 11-SD-5 .. 46.5 fi/t. ~·~ (Cont'd) -- == . ·--- ------ ---------------- == --· =.-==: ----- ------------- ---·- ---- ------·r••••···-•• •· 1:his conveyance as t:o Parcels l nnd 2 above ia m.de for. the p~,_'t"Pose of • ~rcr·wwy and connecting roads .ond the grantor hereby rele•se,; nnd relinquiaht"f; ::o tht~ grantee snr and all abutter Is rights' including ac:ceS!i rights. :1pJ)u1··· :.P.r1:mr: to grantor a Tem~tining propez::ty, in and to eaid f1·eeway, ·and said ~~nn~cting roads. 'F;>-:CEP"rJNG and Rese-rving however I unto grantor, his suceessors or 11na 1.gtlll' • .-! .. ,_. r.'tght of access to s~ic freeway ~tnc:l conn~c:ting roads over ~tnd «c:-o .... ~ the tr. llcn"1n~:. dcscr·ibed 1 ines: Thf! c.'lstcrly 352.19 feet of tht: cours~ described above wjth P. length.l)f: "l,~.(). JO ff!l!t ~the we~terly Z77. 96 feet of the course w1th a· l~ngr:h of 287. 9b ~~7.9~ fe~t; the westerly 25.00 feet of the course with a length Q( 153.32 :~· .. ·:~ the courses "'ith l~ngths c( 10.00 feet, 1075.00 feet and 20.00 fccr~ ':: ... ~. t;::l'l~~:-1)' 135.00 feet of the course wit:h a length of 268.79 fee-t; t.ht.:. 1::;• t~~.rl1 20.00 feet of the course ...,ith .a length ·of 169.57 fer.t; the <:our~<· •.:irh .~. l~n~th of 100.00 fC!et~ the cM!fterly 20.00 fee-t of t:hf: course with" .~~~ch of 165.57 feet; the course with a length of 465.23 feet; th~ W~6t~rly 1.7:.),1):1 faec of the course with a length of 304.41 feet; and the cou-r!u~~ wirh l!'n~~r:h~ of ?.28.86 £eer, 114.01 fpt-t, 186.45 feet. 78.18 fe.;·t~o 616.62 fc~t. ·~4/.liJ feet, 175.31 fe-et, 9.15 feet, 284.54 feet and 190.90 reet. ~ '1. ':"J('I:"'f '). ~~..!~· Comn•nneing at the Northeasr co~ner of that parcel of land conv~yP.d t~ Carlshnd Industrial Development by deeo reco~ded n.e~ber 4. 1956 in Book 6J6,, p.:Jgr.: 11•1. of Official Records as auu:ked by a 'J/4 inch iron ~ipe wtcn ta~ st~rn?ed-R..E. 9822 being at coordinates "'i•348,772.09 feet and X•l,672,277.1fl LN·t, thence along the Northerly line of t:hat parcel of land descrihed in dc.-.d tQ l). A. Korton recorded in "Soo'k. 1641, page 437 of Official R~c:ord~ ~i.H9"26'41"E., 654.59 fecc to the Point of Beginning; thence l'\.2"09'37'1E., /,.;~. !J2 t'...:~t to the South line of said right of way for: Pa lornar Airport. r:oD-.J :1s •.:ooveyP-d co the Ci.'ty of Carlsbad; chcnce .along 1:1aid Souch U.nc "~-~7"50"?'3''w.,·6o.oo feet~ thence paJ:allel to and distant 60.00 feet w,~!l"tcrl~. frl')·n t·h(.~ courso described above with a length of "'•69.92 feet" s.2.,•)9'37"i.J .. ·.n .. r-.n (.:oct to said N<"»rt:herly line of Horton land; thence along snid Nor::h.:-r-1 ~ i ~l'~ S. 83 '. 26' 411 ' E. , 6C. 02 feet to the po:i nt of beginning. Satd P~rccl 3 contains 0.65 or an acre, more or less. :\r; to l?llrcel 3 described nbove, the grantor further undL-rstnnds that th ... ;.n .. r.m: ion of the g-rllntcc is to construct and maintain a public highway on ~he I fHV:I~ hf:reby convcyea in f._.e and the grantor 1 £or himself 7 hi:; succc8sor~ nnd •l')~i! /•,ns. her~ by waives any claims for any and all d•mages to grantor's rcrnr. 1 ~ .! n~; J>-roporty contiguous to the pl'operty hereby conveyed by reason of the !'>Ct1t:ion, con&tr\lction, landsc:aping or maintenance i>f said highwsy • (As used nbovc~ th~ term ·•grantor" :; 1 ~w., .. l n·r number .and the words 'himself" ~wr,·lr·r ns ·the cAse may be~) . . st\sll inc.:l~de t.he plu.~.ol as we!.l lls ::lu.: and "his" shall includ£ the femi'l).ir.c .. - {"It it, . ' (;l-1.. R/W 9704 ll .. SD·S-46.5 (Cont'~'. --. -- =- • ----·---- -- ----- --- --· --·------------------------------------------------~--~~~-=~~===========~-·~~== ---·------ 5 - PARCEL 4: IN ADDITION, the Grantor further grants to the grantee an easement for dro in.:1gt· purposes over .tnd across that portion of •aid Rancho Agua Hedio·ntta -within l1 btrip of land 46.00 feet in width, 23.00 feet each side cf a line describi~d as ·follows: Beginning at a point in the boundary of Pareel 2 described above. dist~nt :; . 26 o 10' OC"W. , SOO. 00 feet, a long said boundary from the Southerly terminu9 •:Jf thaZ:· course described with a length of 1450.00 feet; thence S. 73"47 1 24''\o.'., Fr60.,36!feet; thence s.6711 29'3l''W., 88.32 feet to a point in the Ea!;t. 1.1ne of tht> ·lOC' foot right o£ way of the Atchison, Topeka and Sant• Fe Railway being 0Ppor; i t;e Engineer's Station 2200+03. 4 on thu centerline of eaid right of way. The side lines of ssid strip sbal~ be prolonge~ or shortened to ~erminhte ·-; l h~ b.o.-.1ndary of Parcel 2 described •bove and the East line of said 100 foot 1:., i.1way right of 1ttay. !i.XCEPTING from said strip ~he portion within ebe l)arcel o! lend rl-esc.ril:ed ; n c.lc.:~d to the State of California filed June 18, 1953 a a Docurne"lt No. 83116 in Book 4894 at page 494 of Official Records of said County. :5aid Parcel 4 contains 0.32 of an acre, more or lessJ in addition t:) t.lw pvrtion of Parcel 1 desc-ribed in deed to the State recorded as !'•ocument No. 83115, filed June 18, 1953 in Book 4894, Page 490 of Official ~~~ords of said Countv. ~ :-.:a ~·f'.A::-~-:,.:_$.. .:!is::.cmc:eti .and coordinates use(! herein are on the .· .l: :..:·.:-~""=:i.:t ;.:.:.::-·~:.r .... :". i:~ ~=e:e:. z.:oe-5. M-.:lt.:!.ply s•id distanr.es by 1. 0000370 ·.~ .:·;·:Jt!.~ f_:-~~.-: -~'"'t:!.;. -:::.s:.ar::....:t$. The d~te or po~5e~s1on by ~r~~ee ot th~ herein cescr!bec p~o~~:y s e'lther April 3C:. l'Jl:6, or the reeordAtior, date of thln ~eed (wh~ehever ~ccu_'rlll f'lrst). ! It. .tr: mutuo.ll :1 und~r-:J tood. :tnd aP,;r''!ed thf1 t gr;:m~or' :l :••1m:.t1:1.1n~o~ ;:>:•(ll)t~rty ~~nt.t.:rly f')f thr.: rlgnt. or w·~:r of the Atchlson, TOJl(!ka, and $unt:L ~·.t:-r~:tUway :ompany r"-nd adJo.-:~r.t 1.(j th~ propc::-t:; C1ecc.t·1b~d h'"'l"ein"-bo..,,: n:::;. Pa.::-ct::'.l 2, 1::. c~.ndlockr..!CI, ::t.nd wl t.hout nny direct acc~t:l to th,~ 1'-r~cway or to •1ny rmbllc ~r 1ri 1t~nt.~ ::-oad, and g ... ~nt.or:; hrH···~by r~l1cvn g!"'ant"!~ or <.Lny llnb,,llty to _provttsc .c~~eta.: tv tho:! t'oma1n1r:g lanolock~d property. R/W 9704 ll-SD~5-4?.S (Revised 5/6/65) " ·" ' .. - -·----- t 1: u ! ,!!UL BCU and MAGDALBNA JCU, husband aru.t wife. o:klel hereby pat to THE PActnC T!lJPI«)N! AND TmCJ\APH COMPANY, a COJPDntloD, lt:l IIUCce-.a ad aaips• an , ... meat CD aJD~t~UC:t,placc,operace, iaupecc, ttudQ&ala, tepdr, naplaCl• aDd .. mew• JUCh UDdefiiVUad c:onunUDlcatioa ltNc N:l ., Cratee may born tim• CD lime requlna, coa.Utiq of cablu, CODdult:s, m~Jea, maakea, pedutaiJ aad ueceaauy ft.xtuJes aDd appurteDa.DCCa, lD, UDder, ad upoD that cerula real p.operty in the Cau:aty of San Dicao --------• State of Callfl)mia duerlbed aa: That portion of Lot .. H" of llancho Apa Hedionda, a.ecordins to Map No. 823 filed for record on the 16 day of Nov~er, 1896, as described in deed recorded ia Book 2778, Pase 348 of Official aecorda, 1yinc Baaterly of that portion of 1an4 deeded to the State of California, recorded in Book 4894, Pase 494 of Official Records. aad Baaterly of the 100 foot right of way of the Atchisoo, Topeka and Santa Pe Railway Company, u described in der.d recorded in Book 38, Page 171 of Deeds, and Northerly and We1terly of that portion of land conveyed to the State of Californik descri~ed in deed recorded at Pile 108756 on the 18 day of June, 1965, all lying North of the North Line of Palomar Airport Road, as said Road is described in deed recorded in Book 8030, Page 216 of Official Records, all in the Office of the County Recorder of San Diego County. 'lhc above deecribed eaaement 8ha11 be located on a atrip of land five (5) fettt ia w.idtii.-J.n aa:id proper'ty, the c:en'ter line CJf wbicb il!l cle•c::l:'ibe4 a• fo11~•:' ··, , Beginnini'at the most Northerly corner of said property; thence South 26.10'00" East, 1450 feet; thence South 21 .• 29'21'' Eaat, .5.51.84 feet; thence South 13.45'33'' .East, 255.98 feet; thettce South 1•4.5'2.5" West, 471.38 feet; thence North 78.07'26'' Weat, 280.96 feet to the true point of beginning; thence South 78-o7'26" .Bast, sixt.Y (60) feet to a point in a non-tangent curve concave to the West havina a radius of 482 feet, a Eadial line o'f 'aid curve tb:roup saiCl point bearins North 78"'o7 'Zf)'' west; thence Northerly alons said curve 226 feet; thence South 85.16'34'• West, 430 feet to the point of termination. -.. --~ . - any. which ia no__,o dedicated and accrpted. property by reuoa of (Actorncy in Fa") STATE OF CALIFORNIA ) COUNTY OF LOS P.NC:ELES ) SS. On .)unv 26, 1967 bc•fo1.·c· llll-:t :.he unclcrfl1nn.:.!d, a Nol:.'lry Public in and for soid State personally appeared C. P. VON HERZEN kno~vn to me to be the person ~·1hose name is subscribed to the wit:hin i.nstrucmcnt, ns t:.hc Att:orncy-in-rnct: of Nagd.:1lena Eckc and Paul Eckc and aclmoHledgc to me th.at: he subscribed the nnmcs o.t ~1agdalcno Eckc nnd Paul Ecl'c there to :~.s principals and his rn·:n name as At:t:orn~y-in Fact. v1ITNESS my hand and official seal. SignatL:rc r. •• o;.;,ClAL SEAL~ : MARY LYNCH } . NOTARY .. UBI.IC • C~LifORNM I PRII'ICIPAI. OI'FIC[ IIi -L ................................... ~ .. :.~.?.~~~~ .. ~~~~~~.r::. ........ .J [ I r Ret:al ding I eqaet.e~WaJ' ane l_E!IU:~ l ., .-.~., \.;; ~ L! when recorded re•;u rn to: J3F J ~ PALOMAR & CO. AR /~ ,;;~·.! 5850 Avenid4 Enctnas. Ste. A TLR ~ r Carlsbad, CA 92008 • ., Nifm.IAXI. ~ .3 1 :·· ----7~.~loc.u~-y-·~;:;•:'~~~:E: AND oEa:;m~ ---~-----'~; ~ 1 ; ~ID _1 ?Ci _0 1 v o d,. OF COVENANTS AND RESTRICTIONS TXPD ,..,-l :;·! THIS GRANT AND DECLARt\TION is •ade as of this ~-J' .day of &.~~t'!fPl}f£;1 984, l ( , .. by and between PALOMAR & co •• a general partnership {hereinafter referred to as l t 110eve1 oper .. )and VOGEL-BELJEAN TRUST (hereinafter referred to as the "Trust•). l 'i~· ·C This document is, for convenience, hereinafter referred to as the "Easement Agreement". ~~~~' .. _:·:·::1 RECITALS: ~ t 1. Oevel oper is the owner in fee of certain real propert_y situate t n the City of Carlsbad, County of San Diego, State of Ca11forn1a, more particularly described in Exhibit A, attached hereto and incorporated herein by th1s reference and labeled as the "Developer Parcel• on the plan attached hereto as Exhibit C, and incorporated herein by this reference. Sa1d property ts hereinafter referred to as the ''Developer Parcel'\ 2. The Trust 1s the owner in fee of certain real property situate in the City of Carlsbad, County of San Diego, State of California, more particularly described in Exh1bit B attached hereto and incorporated herein by thts reference, and shown labeled as the "Trust Parcel• on said Exhibit C. Said property ts hereinafter referred to as the •rrust Parcel•. ~.J ~i r. ri Ll It .f. c l. neve1 oper and the Trust are developing the Developer and the Trust i ·( Parcels as a fast food, di n1ng, enterta1 nment. hotel and office complex, , j.C 4. The part f es hereto des f re. effectf ve upon the date t.hts Eas•ent ! t' ·C ------Agreement .1s .. retor.ded.-tn the Offh:.e. oL.the._Coun.ty .Re.c.or.der _gf SliLDtego_c.ount.v---~-........ -~ Ulll to subject each and e>~ery portion of the Developer and the Trust Parcels to the 'lll covenants and restr1c~;ons hereinafter set forth, and tn establish the appurtenant [,: ~ easements here1nafter described pursuant to the intent of the parties hereto to ·11 ut111ze the Developer Parcel and the Tr'-lst Parcel as a c011111ercial CCMtplex, and '·:•-' for the mutual benef1t of the owners of the Developer Parcel, the Trust Parcel, and thetr respective heirs, successors, assigns, grantee$, mortgagee$. tenants and subtenants. 5. The parties ~ereto do hereby establish and grant the easements hereinafter described, and do hereby establish the restrictions hereinafter set forth: Section 1. Definitions. (a) Building Area. Those areas within the Developer Parcel ar.d the Trust Parcel to be utilized for construction of butldtngs and improvements intended for commercial or related uses, together w1th appurtenant loadtng docks, refuse pads. transf!tnner pad~, truck tunnels. ramps and walls. Any enlargement of or addtiion to t~e Building Area, either by development of and constr·uct1on of butltJtngs and ;mprovements on areas design:.t.ed as ••future B•Jilding Area .. , 5ha11 be included 1n the def1n1t1on of 8u11d1ng Area for purposes of this Easement Agreement. (b) Co.mon Area~ A11 areas wtthfn the Developer Parcel and the Trust Parcel other than Bundfng Area and building canopies, pilosters, over-hangs and footings projecting into the Common Area located on any portton of the Parcels, including without 11m1tat1on all those fui11t1es within or upon the Parcels for the nonexclusive use hy the parties, ~nd other occupants and users in common, including but not 11m1ted to, roadways. deltvery areAs, l~ndscaped areas ' 1 r I . I ~1' i J:.-·;:£ ~~ !.:;~~·;:l.~~e=~•A~~~t~1 n~~~u-1 d1~9s --~~" ~t;~~tU;;S -~Sed ··1;;-coni* ion with the-':''·:t·1·-· .. _. maintenance of the c~non Area, public restrooms located in~ Common Area, areas co~tain1ng signs or structures advertising common name(s). together with the s1 gns and structures constructed thereon, common corridors, public restroOAs -------·-•• !.J accessfble from periestrian passagew~ys not within the leased or leasable space --·--·-orany oceupafft:"",amt'"""!lrlfl""clJS" de1 ylf!l!d It! "futot .,.~"' AP~ll!f 1ft laNg K= used as Common Area. Any enlargement of or addition to the Common Area as provided ~erefn shall be included in the definition of the Common Area for if~..- purposes of this Easement Agreement. Common area does not include the parking area c\lnta1ned within the boundary of Parcel 5 on Exhibit C. Section 11. Nonexclusive Easer.tents for Automobile Puking and lnc1dei1tal Uses. Developer and the Trust each hereby grants to the other. for their respecttve use, and for the use of their respective heirs, successors. assigns. grantees, mortgagees, tenants, subtenants. licensees, penmittees and guests, i~ common with all others entitled to use same, nonexclusive easements over the Common Area of its respective Parcel, for ingress to and egress from such respP.ct1ve Parcel, for the passage and parking of vehicles, and for passage tnd atcommodat1on of pedestrians, on sur.h respective portions of such Common Area as are set aside maintained and authorized for such use, and for the doing of such other things as are author~zed or required to he done on such Common. Area pursvant to this Easement Agreement. Oeve 1 oper ar.d the Trust each further reserves to itself the right to grant such easements over the Common Area of its respective Parcel , for the purposes here1 nt.bove enumerated. to such other persons or entities as may from t1me to time be entitled thereto~ Developer and the Trust each hereby reserves the right to eject or cause the ejection from the Conmon Area of its Parcel any persort or persons not authorized, enpowered or privileged to use the Connon Area loLated on such Parcel. Notwithstanding the foregoing. Developer and the Trust each hereby r~serves u"to itself the right. to close off the Common Area of its Parcel for such reasonable period or periods of time as may be legally necessary to prevent ________ t!l!! _i!~qutsJ~io~--~f_P.~e~c_r.~_p~i!e !tghts by any~ne; provided, however. that prior to c1 os i ng olf any porff on of tfie Counon AM!a·. thl! Party 1 ntend1 ng --srt-·to -do-------··--· shall gtve written notice to the other P~rty of 1ts intention so to do, and shall coordinate such closing with such other party so th~t no unreasonable interference with the operation of the Developer and The Trust shall occur. Secti~n II!· 00tt1nant. a_!1d Servient Estates. Each easement granted pursuant to the provisions of this Easement Agr.-•ement B expressly for the benefit of the Parc4!l llf tl'\8 gr.ant'l'lt and the Parcel so benefitted shall be the dominant estate, and the Parcel upon which such easement 1s located shall be the servient estate, but where only a portion thQreof 1s bound or burdened, or benefitted by any particular easement. Qnly that portion so bound and burdened and ben~fitted. ts the case may be~ shall be deemed to be the sen1ent or domtnant tenement, as the elise snay be. Any easenent grant4'tl pursuC1nt to the provisions of this Easement Agreement m:ty be abandoned or terminated by eKetution of an agreement so abandon1ng or terminating the same by the owners of the dominant and servient estates. Section IV. Prohibition Aga.1nst ~alls, Fences or Barriers .• Developer and the Trust expressely agree that no walls, fences or barr1ers of any sort or kind sha11 be constructad or erected on the Deve16per Parcel or the Trust Parcel, or any portion thereof. by anyone, which shall prevent Section v. Duration of Easements. The easements granted in Section 1 hereof shall te~inate and expire on December 31, 2070, unless sooner terminated as provided herein. ~ion VI. Parking Ar~a Reltrictions The Trust shall not reduce the number of parking spaces on 1ts parcel below those shown on Exhfbit C by more than three (3) spaces wfthout the express written consent of Developer and Developer shall not reduce the number of parking spaces on its parcel below tnose shown on Exhibit C by more than 10 spaces without the express written consent of the Trust. Provided, howeverp 1f the use of a building were to change or the size of a building change which would allow a reduced parking requ1~ement under the ordinances of the City of Carlsbad, parking ~ay be reduced in accordance wtth such ordinance. Section VII. Damage or Destruction: Condemnation. The Parties hereto expressly agree that in the event that there shall occur Qn either the Trust Parcel or the Developer P~rcel , any damage or destruction, or a taking by public authority (M'ondemnation") which results 1n there remaining on such Parcel less parking than that required in Section VJ of this Agreement, that such Party shall immediately thereafter use 1ts reasonable best effort3 to provide substitute parking so as to provide therefter, as soon as ~ossible, the parking ratio required pursuant to Section VI of this Agreement. · ~------tn thl!·mrent· thlt· the-·Party·whtm!"·ParC"el--t!· ~u-·atfectl!d·-ts'lt1l1~ntly-pur-sa1n!r· ----~~-~ Guch restoration of parking area or a rA.asonabls substitute therefor. this Easement Ag~e~nent shall remain in full force and effect; provided, however, that in the ~vent that as a result of such damage. destruction or condemnation, the parking 1s reduced below that allowed by Section VI, and provided further that sur.h parking has not been restored or replaced within twenty-four (24) montns of the date of actual loss thereof, then the Party on Whose Parcel the parkfng ratfo has not been affected shall hava the rfght to tenn1nate this Agre~ment by g1v1ng thirty (30) days' not1ce to the other Party, and upon the filing in the Office of the County Recorder in San D1ego County of a Declaration tenninat1ng this Easement Agreement. Section VIII. Common Maintenance and Operation. 1. Maintenance by Devel£Pf1• Developer shall operatP. and maintain the COfJI/flon Area,"lncludfng but ·no m1ted to Parking Area, roads 1 sidewalks. lands~aping. drainage, public utilities, and lighting f4t111t1es. Oeveloper ~hall ensure that the Common Area 1s ma1nt41ned and operated in a f1rst-~lass condition. All Common Area improvements repaired or replaced by Oe~eloper under this Section Vtll shall be re~a1red or replaced l'ffth materials, apparatus,. and facilities of qual tty at least equal to the quality of'the m~tertals, appartus. and fact11t1es repaired or replaced and so as to maintain the architectural and a est hat i c. h&nnony 11nd integrat f on of the C0111p 1 ox as a who 1 e. D~vf' 1 oper • s obltg~tlon io maintain and operate shall Include but not be limited to the f o 11 ow1 ng: · .. J .. ~h;l ri·~~l-ud~·:~wfth~ut'il:f't;t1 0~ :--~l~a~1~9: ··;w;;r;1~;: v~C!=--~t ~g :";;~;;·~ti~;~,. repairing, and resurfa~ of the Parking Area and curbs.~ng surfacing material of a quality equa1 or superior to the ori~~inal surfacing material, (b) Oebris and Refuse. Removal of all papers, debris. filth, ·-----1"!1uStr;~;-~~~!'mt·"!W!!1"flf9 ttnr -emmmn ~1\re"l'"'tlJ"'t!f! extent n!t!nary t6------·--·~ k~ep the Common Area to a first-class. clean, and orderly condition; provided. however, that each Party shall install, operate, and properly mainta,n, or cause to be so installed, operated, and maintained, on tts Parcel, without cost or expense to the other Parties and so as not to be visible to the general public shOJ•p1ng at the Complex. sufficient trash compactors, bailers, and enclosed trash bins, for use in connection with storage of all trash. refuse. and.waste materials of the Occupants of such Party's Parcel and each Party shall take, or cause to be taken, all necessary measures to keep the Parcels frea from all debris and rl:hbish caused by or emanat1 ng fron such fac111t 1es, and no amount of tne cost therefor shall be included 1n the cost of maintaining the Commo~ Area under thfs Section V[II. All sweepin9 shall be at appropriate intervals during such times as no stores in the Complex are open for business to the pub 11 c except for those store~ that al"e open for more than eighteen ( 18) hours in any une day. (c) s19nals and Markers. Placing, kettping in repair. replacing. and repainting any appropriate directional signs, markers, and lines. (d) Parking Area L1ght1ni• Operating, keeping in repafr, cleaning. and replacing when nece~sary such Common Area lighting facilities as may be reasonably required, including all lighting necessary or appropriate for Common Area security and exterior lights ettached to buildings 1ocated on Building Areas wh1ch are intended to illum1nate the Common Area, If such lighting fs not separately metered from the other lighting servicing 'uch Building Area, the cost thereof shall be pro-rated and charged as a Common Area cost hereunder based on the proportion of use devoted to 111um1nat1on of Common Area as herefn specified. -------., .. ----· ~---·car ·lan<rscapea·AreCis; ·~1eanfn~~i""and"marnhr;iin{f-a1r·ta·nascapeir---- areas, including landscaping and planters adjacent to exterior walls of bui1dings. repairing automatic sprinkler systell'tS or water lines in the Common Area. weecl1ng pruning. fert111zing9 and making replacement of shrubs and other landscaping as necessary• provided, however. that if any Occupant of Building Areas or Future 8u1111ng Areas require or install "special" landscaping other than that normal and consistent with the landscaping requirements of the remair.der of the Compl~x. th~ maintenance and cost thereof shall be borne solely by ~uch Occupant without facilities, and no amount of the cost therefor shall be included 1n the cost of maintaining the Common Areas hereunder. (f) Utilities. Maintaining. cleaning, and repa1r1ng any and all c01nmor• storm drains, 11tility lines. ~ewers, and other ut1l1ty syste11ts and services located tn the Common Area which are necessary for the operation of the Common Area and the Building Area, and any buildings and improvements there1n wft~in the Complex. · (g) Obstructions. Keeping C~on Area free from obstructions not required or permitted hereunder. (h) Coll)ple,!._P)!lOn SigJ'!!. Maintaining and repairing any monuw~nt or py1on sfgns n the Common Area whfch adverttso the ComplP.~ by fts name. The enttr& cost of 1nsta111ng, mafntafning. and operat1~g (including powor) any portion of sue~ signs which advertise the pre!.ence of the business or- ~~-,~ ~ Ill . . . ' Li J ~: . !t:. ::a ~ . ' -~-:,*·' ~. ·-.·· .. , .... . ~ --..(,. I I !·c r . :-.-, ~· ....... ;.,i:_, . ;.. ..... ~ . .. -. "=". i :··· l .;_ .·-.: malntenance OT l;fle Sl':Jn '51:rll~--e, Slldll Ut! UUI"Ilt: U:J ,Ul.ll f'GII.:J lii."J\o\..UJIUII" without cost or expense to t ther Parties, and s ha 11 not be f•udttd i., the cost of maintalntng the Como Area hereunder. If arty utility for the operation of such si•)n is not separ~t~ly met~red fr0111 utilities serving one or more 8u1ld1ng Areas, tne CIJSt of such utilities shall be appropriately apportioned and charged -------~9.SQ!!IJ.!tQ!LP!rea_c;Q.s_~ _ _Q_~J!l_the_,~ar_9_ or_~~cupant based on use of the sign as herein speciffed. --~----~----·-···-·-----------·----------- {i) Rest Areas. Mafntafnfng and keeping in a sanitary condition public restrooms, if iiny,---ailO"othP.r cOfllllon use facilities. (j) Rental of Space. Rental of space outside the boundaries of the Complex as reasonably nP.eded for use of storage and/or maintenance of equipment, supplie~, and other items used in connection with maintenance and operation of the Co~on Area. (k) Sidewalks. Cl~aning {tnclud1ng washing and/or steam cleaning), maintenance, and repair of all sidewalks, including perimeter sidewalks adjacent and contiguous to buildings located on Building Areas, and those situated on the perimeter or outside the boundaries of th~ Complex. (1) Go•:ernmental Requirements. Conplyfnq with all applicable requirements of governmental agencies pertah1fng to the Connon Area, including without 11~1tation any alterations or additions requ1red to b& made to, or saf~ty appliances and devices required to be maintained 1n or about the Common Area under any laws, ordinances, rules, regulations. or orders now or hereafter adopted, enacted, or made and applicable to the Common Area. (m) Security and Traffic. Provision of g~ards and other personnel to ensure adequate security M1 thin the Comnon Araa, and superv1s f on of t ra ffi c at entrances and exits to the C~plex as conditions reasonably require in order to tna1nta1n or.ierly and proper traffic flow and tngress and egress to the CompleK. ( o) Personne 1 • Ernp 1 oyment of such personne 1 , contractors • -~----subcontr.actor.s .•. Jnani9er_s_, Md. f!~~P,r .. P-~r..s_o.!:t.S. r:e~sgna~ Jy_ nec:~sSC!f,Y. for ope rat 1 on and maintenance of the C011111on Area, including without limitation) ·emp1 oyment-of·---------- persons required to regulate and administer etRployee pa..king regulat1ons, to provide for secority in the Common Area, Developer to pay as a Common Area maintenance cost all Socfal Security. Work&r-c;' Compensation, State Ohabfl ity Insurance, and other payments required to be mdJ~ in connection wfth any suc.h employment or for the benefft of tts employees and contractors. 2. Insurance. (a) Public liab111tX Insurance. Subject to the provisions here1n contained, Developer shall maintain pu6t1c 11abi11ty insurance for the Common Area against th~ risks of bodtly injury, property damage, and personal injury ltab111ty wfth a limit of not less than $5tDOOsGOO,OQ (or such greater amounts as may from time to time be specified by the Parties) for each uccurrence, coverage to be 1n a comprehensive ge,teral liability form with at least the following endorsements: (1) deleting any employee exclusioP on perso~al injury coverage; (i1) including e~ployees as additional insureds; (111) providing for blanket contractual coverage, broad form property damage coverage. and products completed operations coverage; (iv) deleting any liquor liability exclus;ons; aod (v) providing for coverage of employer's automobile non-ownership liability. Developer shall furnish each other Party with a duplicate copy of such policy of insurance or a certificate of the insurer evidencing the same. Such 1nsurance shall name each other Party as additional insureds, shall be pri1nary. and shall not require contr1bution from any insurers under any public liAbflfty 1n~urance carried by any Party or Occupant. Each Party sha 11 also have the right to require that such insurance name any other Persons as additional insurQds, prov;ded that any increase -5- •• ~ ... .. - ¥J ·~ ......... -.,--... -. ··.;. . ---," operation and ma1ntenance.the C01t1mon Area undP-r this SectiltVIII. Developer shall also provide Worker~Ccxnpensation 1n~urance as require y law covering .,11 employ~as used or hired 1n connf!cticn with the ma~l\tr~nance and o~eration of the CO!trnon Area. Each Policy of insurance nereunder shaH provide that 1t shall not be subject to cancellation or modification except on ttt1rty (30) days prior -----,.,.ftt!lf-notfet! ·to-·~ffdt-tn~ P@r~M. --------·-··----·-------·--·~---~ -·-·---·---·-·-···-· (b) Ri ~hts of Parties. At any time and from time to time. each Party shall have the rig t, wit)1filltssole arbitrar-y discret1ort, upon ten (10) days prior written notice to the ot~er Parties, to insure that portion of the COIII',on Ar-ea located on its Parcel at its own cost and e)(pense under th~ policy of insurance carried by such Party in which case nevel.3per shall tont1 nue to maintain the insurance hereunder on the balance of the Common Area or the whole thereof at the sole discretion of Oeveloper 1f 1t appears impractical to cover rmly a portion of the Common Area. Th~ Party effecting insurance on the Common Area on its Parcel may at any time thereafter. within 1ts sole arbitrary disc:-etton, upon ten (10) days prior written not1:.e to the other Parties t;ause Oevel9per to insure the Common Area on such Part)'S Parcel in accordance with thts Sectton VI1I.2. The assumption of or retransfer to Developer by a Party of the responsibility fnr insurance of the CORJIIon Area under this Section VIII.2. shall not constitute a waher of any future right to reassume or retransfer such respons1bi1 ity by a Party, and the Party's rights under this Section VI 11.2. may be fnvoked or reinvoked from time to time and at any t1me without limitation • . _3. R~hts of Parties ~o Assume Developer's Ma1ntena~ and Oeerating Res pons 1tnl..!..t.t... (a) Assumption .!lig_h_!!. As set forth above, the responsibility Jf operating and ~~~aintaining the Loiinon Areas shall be that of th~ Developer. · The OPveloper and any Party with the responsfb11ity of operating and maintaining the C~on Area shall hereinafter 1n tbis Section VIII.3. be refnrred to as the 110p~rat1ng Pa•·ty•. Any Party, here1oafter in this Section VIII.J. refP.rred to as the "Comphil"ing Party'', may remove the Operating Party on the followi-tg terms and condft ion~: .. ---·-~------------~----------.----.--..... ---~--------~----....--.------_...,......_....,.... ______ _ ._,. __ ..._..,._ -----T' (1) The Complaining Party, at such Party's sole artftrary discretion. ~ay detenmine that the Operating Party is not performing its obligations in accordance with thts Agreement. The Complair.1ng Party shall then notify the then Operating Party, in wrfting, of the reasons the Complaining Party is d1sut1sfied. Upon receiving such a nottce, the Operat1ng Party shall, within fifteen (15) days, either turn over the operat 1 on and ma1 ntanance of the Common Area to the Complaining Party, or respond to the complaints ~ith a stat~lent of how each complaint will be sattsf1ed and the length of thae onttctpated to sattsfy each complaint. The Complaining Party may then either accept the Operating Party's response and allow the Operatfng Party to remain Jls tite Operating Party, or demand in wr1t1ng that the operation and maintenance be turned over to it in wh1th event. the operation and maintenance shall be turned over by the Operating Party to the C0111plain1ng Party wtthin fifteen (15} days thereafter. In the event the CMplaininq Party allows the Operating Party to proceed with its plan of r.orrectlon, the Operating Party shall continue to be the Operating Party for at least the length of period outlined in the Operating Party's statement of intent. Silould the Complaining Party, at the ~nd of the Operat!ng Party ss correction period. :,till remat11 dissatisfied, then upon written notice of such dtssat1sfaction, the Operating Party shall, within fifteen (15) days. turn over the operat~ng and maintenance respOr1Sibi11t1es to the Complain1ng Party who shall thereafter becOffle the Operat t ng Party. (2) Tne Complaining Party must assume the responsibi 11ty of operating and matntaining for at least twelve (12) months. -6- J' ! ' ;·. l i ~ ~ 1· r .• [] • . ·-1 I {4) ~Complaining Party ~o h~s assuJIItthe responsibility and managemP.nt of the Common Area may return the re~ponstb11ity to the DP.veloper at any t1me after the one (1) year period. The Developer shall at all times hav~ the ob119at1on to assume the responsibility of becoming the Operating Party after ·--~-·-··-..the-CampLl.tAi.ng....P.uta-.. has....been-the Jlpe.r.ating_.2a.t.tt-foa:...ttce.l.v.e...-U.2). . .montns-AJUL _____________ _ may, 1f required by tile Complaining Party, agree to accept the re!'pons1b11ity earlier than one (1) year at its sole discrati9n. (5) If a Comp:ain1ng Party takes over the maintenance and operation of the Common Area, the applicable previsions of this Section VIII 5hall apply to the Complaining Party 1n the sam~ manner as they would otherwise apply to l)eve 1 aper. ivt· ,, ·' (b) Transfer Records and Equipment. Upon assumption by the Complaining Party of t'he maintenance and operation of the C01m1on Area under this Section Vltt.3. the previous Operating Party shall transfer all applicable books and records relating to the operation and maintenance of the Common Area to the Compldinfng Party and provtdP. any and_ all other fnfonmatfon and doc~entatton to effectuate the transfer of responsibility hereunder, including without limitation, notific.atton to insurers and transfer of insurance policy. The Operating Par·ty shall also transfer to the com9laining Party any and all equipment and machinery used by the Managing Party in connection with the op@rat1on and maintenance of the C~~on Area hereunder. (c) Retransfer of Maintenance Duties. Any Party who is the r.··~ then Operating Party~ if it is other than the Developer, at any time, after t ~ the one (1) year period set forth in Section VIII.3(a)(2) or earlier with the ~ ·G consent of Developer, by written notice to Developer and other Partfes, if any, tiC requ1rP. Oevel(tper to reassume responsibility for maintenance and operation of the i: ··. entfre COI1Jllon Area. such reassumptfon by Develope' shall be effective within ,-'-.. ~· th1 rty (30} days of the giving of notice thereof, and the reti r1ng Ope rat 1ng . Party shall transfer all applicable books and records relating to and equipment r. ·· and machinery •Jsed in connection with the operation and maintenance of the COP.IIIIon l. ----·---Area-and~provfde-ill-1-·other-necessary· ·1nfof'llkltion-and dOGumentat.ton-to effectuate----------.. ~~ and transfer the responstb11tty back to the Developer. Developer snall thereupon ' • r·eassume all responsibility for the operation and maintenance of the COI!IIion Area ' • ~ .. ~ ~.- ~pecified in this Section V!tl. -. (d) No Waiver. The assumption of or rett•ansfer to Developer by tha then Operat1 ng Party of the responsibility for operation and maintenance of t~e Common Area 1n accordance the provisions of this Section Vlii.J shall not constitute a waiver of any future right to reassume or retransfer such responsibility, and the Pa?t1es' r1ghts under this Section •111.3 may b~ invoked and rainvoked from time to time at any time without limitation. (e) Reimbursement of Costs and Expenses. The Parties, in their respective Proportionate Share, shall reimburse the Operatiog Party for maintaining and operating the Common Area hereundP.r fer all costs and expenses i~curred by Operating Party 1 n connect 1 on wt th such operation and maintenance together with a fee equal to ten percent (lOS) uf the amount of all such costs and expense• provided, however, any single capital. improvement 1n the amount of $10,000.00 or more shall ~~ excluded in calculating said ten percent (10~). The Operating Party shall submit a statement to the Parties of all such costs and expenses e1ther monthly or quarterly (at Operating rar\.y's sole dtscretiCJn) on the tenth day of each month or quarter or next succeeding that to which the statement appl1es. All amounts due from the Parties as shown thereon shall be paid by the Partie~ with1n fifteen (15) days of the date of the statement. The Operating .. ]- .... ---···· ---· · __ .., ... ------~ .. --· .. r-••..., ........... ,~ ., •• ,.. .,.v._,_u1 ... niVYtl'-~U·~ UC,IIYUU\.ICI U~ t.t;~ Operating P.:trty during stfyur, setting forti' any amounts A:red1ts due from or til each Party. If the amount pa1d by the Parties for the ~lendar year to which the statement applies is less than that shown to be due by the statement, the Parties shall, within fifteen (15) days of the date of the statement, pay the difference due the Operating Party as s~own on such statement. If the amount --·--r"rht·by tht! "h~~"ttn!-t'!tmnr.tryg~·T6""1ml'~Rr-applfes t s ·-----~------ greater than that s~own to be due by the statement, the Parties shall receive a credft for the excess Gmount against payments due for the current calendar year. 4. Operating A9reement. Notwithstand;ng any provision to the contrary contained i~ this Article 4, thP. Parties may enter into an agreement with a third party operating entity for the complete operation and maintenance of the C~n Area in accordance with the provision of this Arti~le 4. Each Party sha11 pay Its Proportionate Share of the expenses of the operating agreement. Any Party may tenminate the operating agreement upon thirty (30) days written not1c~ to all other Parties, in which event Developer (or Complaining Party if thP. Complaining Party 1s so dP.s1gnated in its notice hereunder) shall assu~e the re~pons1b111ty flr operation and ~afntenance of the Common Area 1n accordance with the provisions ~f this Article 4. 5. Oama9e or ,Destruction to C01m1on Area. (a) ~epair of Dama~e. In the event of any damage or destruction to the C011111on Area durlng-the tenn o this Agreement from any cause (whether or not covered under i11surance req\J1 red to be carried by any Party under this Agreement), Developer shall, promptly after the occurrence of the event of damage or destruction, restore, repa1 r, or rebuild such da11age or dest.royed Conaon Area to a condition equal to or better than the condition existing prior to the event of damage or destruction. to the same general appearance as existed 1mmed1dlely prior to such damage or destruction and tn accordance with the applicable standards of this Agreement for an integrated Complex pursuant to a uniform general plan. /my plans or specifications for SiACh work of repair and restoration and the c:ost of the work pursuant thareto shall be subject to the prior writt~n approval of the Parties. Developer shall undertake s~ch work in a 111anner which w11i cause as -·---,nne alsn.rptron or··and Tn"terfereiica wttll· tne· u·ie ar·ttu!--remafrider-·of tile -common·---·-- Area and Building Areas as reasonably possible tr. accordance with the applicable requirements of thts Agreement. Oevelop&r shall use all due d111gence to complete restoration and repair of the Common Area hereunder as expeditiously as possible so that the same may be av&1lable for use and operatigg as part of the Complex with as little delay and as little disruption as circumstances will penm1t. Any contractor retained by Developer to undertake such work of repair and restoration of the Common Area and any contract w1tb such contractor shall be subject to the prior written approval of the Parties. (b) Payment of Costs. Any 1nsura~ce proce~ds paid to any ~arty on account of such damage or destruction. and not attributable to damage or destruct1on of tny building in the Complex own~d or occupied by such Party. shall be ~~de available to Developer for use 1n rPconstruct1on and repair of the Common Area hereun~"'"• ln the event that such amounts are 1nsufftttent to cover the cost of the work hereunder, the Parties shall each bear their respective Proportionate Share of the costs which exceed such amounts. The amount of any available 1nsurance proceeds and eaeh Party's Proportionate Share of any extess amount shall be made ava11ab1P. by the Parties to Developer on a progress payments basis during the work of repair and restoration of the Common Area hereunder. 6. Liens. Oeveloper shall keep the Par(els free from any and all liens arising out-oT'iny work perform~~. materials furnished to or obligations c~~~ CAr;~ :~d;; vthi s I Se~t··-vvili' :· "oe;~;: o;;~··;h~l;·:cwi~h1~·-;i;" (io) "rt;ys after the date of the imposition o ant such lien. pay the lien claim~ full. unless Developer desires to contest any such lien clatm, in which ease Developer shall, within such thirty (30) day period and as a condition prec:edent to Developer's rtght so to contP.st. recnrd a bond of a responsible corporate surety in such ~----·-am-ounrarTnaYQ(fr~qufrea-!OTeTean···ure-··ne-n· m:n·ne-amcrea·l'arc~ 1 s. ----·--·-~--~·- section IX. !,_nfO.'=£~Rt. In the event that suit is brought for the enforcement of this Easement Agreement or as the result of any alleged breach thereof, the prevailing party or parties to such suit shall be entitled to be paid reasonable attorneys' fees by the losi~g party or parties. and any judgMent or decree ren~ered shall include an award therP.of. Section X. Rul!s and Regulations. (a) Pr~nulgation. The Parties may, from time to time, adopt rules and regulations pertaining to the use of all C~n Areas by Occupants and·Users; provided, however, that all such rules and regulations and other matters affecting Occupants and Users shall apply eqully and without discr1•1nation. As part of Developer's obligation to operate and maintain the Common Area under Sectfon VIII hereof, Developer shall be responsible for enforcing the rules and regulations adopted hereunder against all Occupa"ts of the Complex in a reasonable and nor1d t scremi natory manner .. "' --~··· tc t; (b) Park1!!i_~rea Levill• No Party or Occupant shall impose or attempt • G to impose any charge, servlce fee or exact any other consideration in exchange f - for the d'l!ht of a User to enter or depart from or park a nmtor vehicle in the '-C Cotnpl ex or Parking Area in connection w1th use of the Connon Area for purpcses t'· · ·· contemplated herein unless sur.h charges are ~awfully orderad by appropriate ·_ governmental authority having jurisd1ct1on over the COCiplex. To the extent · - permitted by such governmental authority, any such charge Shdll be patd for by '. · .. ___ ~Y~lQPI!!:..~~-.~.JO!!!l)on Ar~~-ma!_~~~!l,~~~!L._e~n...~!!.~!!d~r-~~f~~-~~-JhiU -~~!'-~of,6~~.t_ 1-~-~---··---__ ·~-L the governmental authority does not permit sucn treatment 01 t e cnarge, ut . ·, · requires that it be collected direct1y frail Users for the pr1v11ege of using the ~-11!1! CGmplex and/or Parking Area. therw Oeveluper shdll collect such charge and :ra11 ,_ ··· credit the amoumt received, less collection expenses and llfliOunts requir-ed to be ,'.:_ pa1d to the gover~mental authority, against Common Area maintenance expQnses under Section VIII. ~ct ion XI. Caet1 ons. The c~ptions heading the various sections of this Easement AgreemGnt are for convenience and identification only, and shall not b~ d~emed to Jimit or define the contents of their respe,tive S!Ctions. Section XI-A. Breach will not. defeat Mortgag!• A breach of ahy of the tenns, condition~, covenants. or restrictions of thts Easement Agreement will not defeat or render invalfd the lten of any institutional first mortgage or institutional first deed of trust, made 1n good faith and for value, but such term. condition, covenant, or restriction will be b1nd1ng on and effective against any of the parties Whose t1tl~ to the property ot• any portion of such is acquired by foreclosure, trustee's sale, or otherwfse. -9- lr··-· ,'I .. l• !·~ c-Section XII. ~Miscellaneous. -------~ The provisions of this Easement Agreement shall not be deemed to constitute a dedication for public use nor to create any rtghts in the g~neral pub11c. This Grant of Easements ~nd Declaration of Covenants and Restrictions may be modified and/or tenninated in tts entirety at any ttme upon the written agre•ent of the Oe~el opar and the Trust. IN WtTHESS W"EREOF • this GRANT ~~ASEM£MTS AND DECLARATION OF COVENANTS AND RESTRICTIONS fs executed as of the J..o -auy of·~ 1984. PALOMAR & co. By~/(/,~ ussew:GrOsse, a general partner 1 CAT. NO. NNOCXJ!IO ro :n946 c.A u-a31 (Pannmhip) STATE OFCAI.IFORNJA · } ss. VOGEL·BELJEAH TRUST J ~---,j Bv: : ·f-Uf .;.-'A~ . .f...t . " -. a.-< Paul Ecke, Sr. • II TICOR TITlE INSURANCE COUNTY Or ,.£Mft1 £,~,0 t On Ae t" 4&sJ -'I. I :z ry I b'!fdl1! me, the undersiJned, l Norary Publie in and for _ .... _ ~d,s~:uc.~~-n~!r.~ppc:~~~~~~=s:c ·-. q.~~ Hill( Hl .. ,JA'!l.:~lf('" , . 1 , , l , ~rson.tly known to 1m or -- ~ provl!cJ to me: on the-buis of satisfactol')' c:vidc:ncc: lc !Je ' lhe penon who exrcuted the: "·ithin inJtrumenr u ti _ 'd' .g -~ -of the partners of rhe pannership 1 that exe.:ured the within insuument, tnd ackno'll'ledstd i to me that su.:h pannc:rship .executed the same. WITNESS my hand and official ~al. .............. _ ...... !aTATEOltCAI.IFORNIA , \ SS. COUNTY OF ___ ~ {.U~~~--___ _f (This &rea for offldd notarid waJJ -MU IH\r.:ll ·--· On.__ ... __ ,_lf;..e-u~!.'-~---?.:!;/Z..I"o/'' .beforr me, the uadenigned, a hoiary Pub!ic itt aft\~ tor r.ald t ~~· ~~~~ty ~p--~~=---~~. ~~ .<_ ~ '"'-_. - -.. ~ - -- ---. -~----~·-:--.-.. -.. I ----.---------··-------· w X i :. l ·------. ki\0\\'P to~ ~he fJCf10".--:;·hose name--~-. ~btcribed In the wllhin blstrumenl and ~knowledttd lhaL~ necul.:d the arne. WtrNESS my lland and ufticlal seal. .T~o.:. •-• I ....... --... ..... 1 A. ..... ,.,, ,__,\ ~r ---------~ ·-----~------· ·---·-----~--··--------··--------_______ .. __________ -----·---------... ----------··---------~- THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA. COUNTY OF SAN OIEGO, ANO IS DESCRIBED AS rOLLOYS: PARCELS A AND B Of PARCEL MAP NO. 642, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DiEGO. STATE OF CALl~URNIA, A COPY OF WHICH WAS RECORDED OCTOBER 12, 1971, AS RECORDER'S FILE NO. 234454 OF OFFIClAL RECORDS, SAN Ol£GO COUNTY. . -·-----·----·--···-------------. -----...... -------··-~------___ ..,.. _______ .. _____ .,.._~---~ ---------- _:1. . .. . , ,--.. ~ I .~ .c • ~ 1"!-·1 ---·-···-···-··---·----·-------------····-----· ·----------------.. --··-·-----------------------···-··---------~ -----------·-----.... THE LAND RErE~RfD TO HEREIN IS SITUATED IN THE STATE OF CALifORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS fOLLOWS: THAT PORTION OF LOT wH• OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF THE 100.00 FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY. AS DESCRIBED IN DEED TO THE CALIFORNIA SOUTHERN RAILROAD, FILED MARCH 10, 1881 IN BOOK 38, PAGE t71 OF DEEDS WITH THE NORTHERLY LINE OF PARCEL 2 OF THE LAND DESCRIBED IN DE£0 TO THE STATE OF CALIFORNIA, RECORDED JUNE 18, 1985 AS DOCUMENT NO. 108756 OF OFFICIAL RECORDS; THENCS --ALONG--SA J D·--BOUNDAR-Y·-L-lN&-DF -lHE---s-T A·TE--Of-CAL-1-FORNI k I;AND ,· ··SOUTH --~-65049'21" EAST TO AN ANGLE POINT; THENCE SOUTH 73°39'04" EAST 287.96 FEET TO AN ANGLE POINT, BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 84°21'32" EAST 96.45 FEET; TtiENCE NORTH 45°45'59 .. EAST 68.41 FEET: THENCE NORTH 1°45'25" ·EAST 92.00 FEET; THENCE NORTH 78°0~'26" WEST 2t7.96 FEET; THENCE SOUTH 11°52'3~~ ~~ST t3t.50 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS ~~VE CONCAVE NORTHEASTERLY: THENCE SOUTHEASTERLY ALONG SAID CUR'E 28.85 FEET THROUGH AN AHvlE OF 85°31'38" TO A POINT OF TANGENCY WITH THAT COURSE DESCRIBED ABOVE WHICH IEARS SOUTH 73•39'04" EAST; THENCE SOUTH 73°39'04" EAST 81.91 FEET TO THE TRUE POINT OF BEGINNING. _-;~I '· ---- '· · ... ' ' ... ·. ·. "~ ........ \ ' \ ·· .. \ i j I ! i i .. • t • 1 ; . . l ·... t ·, . . . ) t -I 'l 4 -----~-·---- "· :·.-: •' .. • .. \. . . " ' l ', --------·-------. .. ,. ... 19 85 , is between (the ''LESSOR""). whose address is P. 0. Box 607 Encinitas. CA 92024 , and McDONALD'S CORPORATION dba Delaware McDonald's Corooration • (the "LESSEE"I. whose principal place of 'business is located at One McDonald's Plua. Oak Brook. JWnois. 60521. LESSOR hereby leases to LESSEE the demised premises with improvements and appurtenant easements. if any, in the City of Carlsbad • County of San Diego State of CA • described in Exhibit A attached and made a part of this Memorandum of Lease. 1. TERM: TO HAVE AND TO HOLD for a term of twtnty years, commeaciDI on December 6. 1984 and endiq twenty years from the date when a McDonald's Restaurant constructed on the demised pmDise8 opens for bllliness. 2. OPTION TO EXTEND: LESSOR grants to LESSEE the option to eztend the tenn of the lease at the upiration of the original term for successive periods aaresatiDB 20 yean. JXXJRrleJD(DJXRIJI(JD8II:XXLBJSJIIXIK«<l*CX«*IIJM-.XUifllxtcKlRR4Q!IICRe &RIY~ IX!li8IXItiBIUUXXIDIJCXI¥111iCBIDJSBiltii~HMUIXHUIUQKB cliUIWHIDM1ftiiMXXXX 5. MEMORANDUM: The rentals to be paid by LESSEE and all of the obllptions and rights of LESSOR and LESSEE are set forth in the ___ .,:G:=.ro.:.:u:.:;n:.:d ________ _ Lease dated April 11, 1984 uec:utecl by the parties. This instrument is merely a memorandum of that Lease and is subject to all of its terms, conditions aDd provisions. In the event of any inconsistency between the terme of the Leue and this instrument. the terms of the Leaae shall prevail as between the parties. This memorandum is bindins upon and shall inure to the benefit of the heirs. suc:ceuors. assigns, ueeutors and administrators of the parties. Tc indkate their ~t to i.be above. the parties or dleir authorized repreaentatives or officers have Biped this doewneDt. LESSOR: Yoge 1-Be 1 Jean Trust •:J c /) ./? ~:t.J. (.,G.IU .4.. Ita: Ita: Leuor•a Federal I.D. I or Social Seeurfty I 1556-54-7365 WITNESS: LFBSEE: ~-. ~15· ... .1~ ICJC'f I &221981 ·-. ... . I .. r . : . . -· . . ..;-.. JD :.31> r;:P.C Jll'' -; 1 ~~~ • ,. ': 1., • J ..... ... 4 1 • • "" • .CKNOWUDCEMENT) STATE OF IlliNOIS COUNTY OF Du P"GE SS: I. Kfm Kluetsch . a Notary Public in and for the county and state aforesaid, DO HEREBY CERTIFY that SnmourGreenllldn Vice President. and Machael J. S•se. Director, Real Estate Leul Department. of McDonald's Corporation~I.JIII~ ««~in who are personally known to me to be the same persons whose names are subscribed to the foregoing inscrument as such V1ce President. and, Director. Real Estate Legal Department, respectively, appeared be-fore me this day in person and acknowledsed that they sisned. sealed and dehvered the satd instrument as their free and voluntary aa as such Vice President and Oirec· tor, Real Estate lepl Department. respectively. and as the free and voluntary act of said corpora· uon for the uses and purposes therein set forth. I Civen under my hand and notarial seal. this 24tY. 'day Qt._....,. __ "¥~~ / * dba Delaware MeDon a 1 d • s Corporation (ACKNOWLEDGEMENT-INDIVIDUAL) My Commission Expires September 27. 1986. STATE OF COUNTY OF san Diego SS: I. Barbara .I. Precht a Notary Public in and for the county and state aioresa•d. DO HEREBY CERTIFY thai Paul Ecke, Sr, and, ________ _ of Vocel -Bel Jean TnJSt who (Is) (are) personall)• known to me to be the same peors.ontsJ whose namecs, (Is, careJ subscribed to the foregoing instrument appeared before me thss dav in pPrson and acknowledged that (hf) rthey) signed. sealed and delhrered the said instrument as (h ) (theu» iree and voluntary act tor the uses and purposes there1n set forth. STATE OF COUNTY OF ss. 6th day of Ma)E I 19.81.. s;:?;pe, « .~~ ~f= Notary Pubhc 1. ______________ ,. a Notary Public in and for the county and state c~fore1oasd DO HERER\· CERTIFl thar • Pres1dPn1. and ------------Als•stant Secretary of a _______ ,corporauon. who are personally known to me to be the persons wh~e name!. are subscribed to thto foregoing cnstrument a!-such President and Ass•stant Secrtttarv. rpspecttvelv. appeared before me th1s day tn person and acknowledged that the\ se~ned ~aiPd and dell\'tort"d tJ.tfo !oa•d •nstrument as thetr free and volunfaf\' act and a~ sue., . Pres•denr and AsSistant Secretar~·. respectively. and as the free and voluntary act of sa•d corporat•on ior the ur.e~ and purpose!. there•n set fonh. Given undPr m~ hand and notareal St>al. rh•!o, ______ day ot ______ . 19_. -.. .. c " I.J ' r • ~ i . " 1" ... THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT •H• OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP NO. 823, FILED JN THE OFFICE OF THE COUNTY RECORDER OF SAJD COUNTY. NOVEMBER 16, t896, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF THE 100.00 FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, AS DESCRIBED IN DEED TO THE CALIFORNIA SOUTHERN RAILROAD, FILED MARCH 10, 1881 lN BOOK 38, PAGE 171 OF DEEDS WITH THE NORTHERLY LINE OF PARCEL 2 OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED ~UNE 18, 1965 AS DOCUMENT NO. 108756 OF OFFICIAL RECORDS; THENCE ALONG SAID BOUNDARY LINE OF THE STATE OF CALIFORNIA LAND, SOUTH 65°49'21" EAST TO AN ANGLE POINT; THENCE SOUTH 73°39'04" EAST 287.96 FEET TO AN ANGLE POINT, BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 84°21'32" EAST 96.45 FEET; THENCE NORTH 45°45'59 .. EAST 68.41 FEET; THENCE NORTH 1°45'25" EAST 92.00 FEET; THENCE NORTH 78°07'26M WEST 217.96 FEET; THENCE SOUTH 11°52'34• WEST 131.50 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE 29.85 FEET THROUGH AN ANGLE OF 85°31'38w TO A POINT OF TANGENCY WITH THAT COURSE DESCRIBED ABOVE WHICH BEARS SOUTH 73°39'04• EAST: THENCE SOUTH 73°39'04" EAST 8t.91 FEET TO THE TRUE POINT OF BEGINNING • . '. c : .. ., ·1 p 5 .. ·~ r c :::. E t• :c. , ·:II ~. c: .. -~ .i-trt t: ·j c I i~ i: c -· ~· G I2 I.-... ReED M910RANDlM OF ~!11.~ ~C :S~ fr•: 1100. (Center ) 1~ ro.... 'R-f' 1 vr:R,-\ L L'~t.r l ltHS MEMORAMHM OF LEASE, dated thfs 9th da;.Jj'~l;.~::i~a6'; P~s~between VOGEt.-8ELJEAN TRUST (the "LANDLORD"), whose address is Post Office Box 607, Encfnita'5, California 92024, and r-t:DONALO'S CORPORATION, <ha Delaware Mcll>nal d's Corporation (the "lENNIT"}. whose principal place t\f business is located at a.e rt:Dona1d 's Plaza, Oak Brook, Il~ fnois 60521. LANDLORD hereby 1 eases tl 'f!NANT the demised premi::;es with improvements and appurtenant easements. if any, fn the City of Carlsbaci, County of San Diego, State of California, described in Exhibit A attached and mde a part of thfs Memorandum of Lease. 1 • TERM: TO HAVE AND TO 001.0 for a term of twen"Qt years. ce,~mencbg on March 25, 1985 and ending twenty (20) years from the date when a rt:Donald 's Restc:.urant constructed on the demised pre111fses opens for business. 2. OPTION TG EXT£Ml: LANDLORD grants to TEHMT the nptfon to extend the term of thf: Lease at the expfrat1on of the origina1 term for successive periods a~gregating twenty years. 3. COM.'40N AREA EASEM~T: LANDLORD grants to lENANT and TENANT1 S invitees • 11 cense""S. ass1 gns. subtenants and patrons, during the term of the LE'ase and any extensions. a nan..excl usive ingress/egress and parking easea~ent to use all of those portions of the property described in Exhibit 8 lthe "Center") desig- nated as parking areas and driveways. 4. UTILITY EASW.ENT: LANDLORD grants to lENANT, during the term of the L~ase and any extensions, a Non-Exclusive Easement to use portions of the Shopping Center as may reasonably be required nC7ff or fn the future by the TENANT for the fnstallatfon. maintenance and repair of sanitary sewer • water, gas and electric util fey 1 fnes and related facil f ties. 5, STOlfi SafER EASB4ENT: LAN>LORD grants to TENANT, during tt\e term of the lease and any extensions, a ten-Exclusive £asenent to connect to and use the storm sewer line and related facilities located in the Shopping Center and/nr to surface drain over the Shonping Center. 6. MEMORAti>UM: The rentals to be paid by TENANT and all of the obl1 ga- tions and r1ghts of LANDLORD and lENANT are set forth 1n the Ground Lease dated April 11, 1984 executed hy ttte parties. This instrument fs merely a Memoranwm of tne Lease and is swject to all of its terms, conditions and provisions. t.1 the event of any in ... onsfstency be'tWeen the ter• of the Lease and this instrument. the ter~ of the Lease shall prevail as be'bteen the parties. This mem~randum is t,inding •~ pon and shall inure to the benefl t of the ile1rs, suc- cessors, assf~s. executors and acinfnfstrators of the parties. To fndi cat:e their a.greea1ent to the above, ttni parties or their authorfzed representatives or officers have signed tll1s document. LANDLORD: VOCEL-BELJEAN TRUST By: ----wPa~u~1-p~~k~e-.~s~r~.-.-r~r~u~s!e~e~-- TENANT: fet:OONALD'S CORPORATION, d>a Del ware ~lbnal d' Corporation WilNESS: G " "j • c 5 r • f ( c • -c c ... ·§ • .. c • I c ~ c • .. • • ... ~-' • ·5 r ' l • r.rcae aennr.ll ,. a RV\CirJ ruu 1 u; 1 i1 an.ur {.ltV ~uun lJ auu ·state a¥o,esat'd, ·oo HEREs ERTIFY that seymour· Greenman,-e .. Presfdent, and Mfebael J. Sfs~, Assistant Secretary of Mcrtona1d •s Corporation, a Delaware corporation, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Vice-President and Assistant Secretarty, respectively, appeared before me this day in person and acknowledged that th~ signed, sealed and deltvered the said instrument as thafr free and voluntary act as such Vice-P~esident and Assistant Secretary. rttspec:tively, and at the free and voluntary act of safd corporation for the uses an~ purposes therein set forth. Gfven under my hand and notarial seal, this 29th day of Septf!ldNtr 19 86 • "1Y eonaission expires __ Ju_l_y 11. 1990 • (ACKNOWLEDGMENT -INDtYlDUAL) SS: .. C&f~~!tll !.£!t i'":~~~ DEI\WlCK l!l.AU i'.h lC ;;lilt Vf tLUIIMS K~ C~MM. r,P. JULY 11. 1~0 • I, ~¥4..'/. E. ~~...v~;E. • a Notar,y Pub1 fc fn and for th9 county and state aforesaid;oo HEREBY CERflfT that/AVe. ~tt, S.e. a.tnl!llll::~'="="=:---,;e....,s~ of "6-e'-&~,..,:;~&r-Who Us HiiiJ per .. "='so'!!!":n:o.:a:-.1..-1 y~k~n~o .. ~~to~llll!~to· be the same person fliJ WHose name M C f s) ("111!15) subscribed to the furegofng instrument appeared before me thfs day in person and aekn~1· edged that ( he)(ita~J&.) signed, sealed and delfvered the said fnstrwaent as (h•s )(lbD'r) free and voluntary act for the Jses and purposes tnerefn set forth. "G;ven under my hand and notarial seal. this ~ t::L day of ~ 19 ,{p • MY commission expires ~Tt~TE OF COUNTY OF SS: I, , a Notary Publ fc fn and for the cou11zy and 5tate aforesaid, no HEREBY C£PTifY that , President. and , Secretary of , a(n) -P'~~~~~· ... • _-·corporation. Who are personally known to 111e to be Bie persons whose names are subscribed to the foregoing ~nstrument as such PresfdPnt and Secretary, respectively, appeared before me this day fn person and acknowledged that they signed. sealed and delivered the safd instrument as their free and voluntary aet as such President and Secretary, respectively, and as the f~ee and voluntary Jet of said corporation for the uses and purposes therein set forttt. Given under my hand ~nd notarial se~1. this day of , ----------------19 __ • ~ 5 ' • f c c • -c c • ·! • .. ~ • r c c c c c Iii IIIII • • . .. .. ' • 5 r • I • ·I .• !HE LAND REFERRED TO HEREIN JS SJTbATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTIOW OF LOT •H• OF RtNCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DlfGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER Of SAID COUNTY, NOVEMBER 16, 1896, DE~CRIBED AS FOLLOWS: BEGINNING Ai lHE POINT OF IHTERSECTION OF THE EASTERLY LINE OF THE tOO.OO FOOT RIGHT OF ~lY OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, AS DESCRIBED IN DEED TO THE CAliFORNIA SOUTHERN RAILROAD. FILED MARCH tO, 1881 IN BOOK 38, PAGE 171 OF uEEDS WITH THE NORTHERLY LINE OF PARCEL 2 bF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED ~UNE 18, 1965 AS DOCUMENT NO. 108756 OF OFFICIAL RECORDS; THENCE ALONG SAID BOUNDARY LINE OF THE STATE OF CALIFORNIA LAND, SOUTH 65°49'21• EAST TO AN ANGLE POINT: THENCE SOUTH 73•3e•o•• EAST :&7.96 FEET TO AN ANGlE POINT, BEING THE TRUE POINT OF BEGINNtNG; THENCE SOUTH 84'21'32• EAST 96.45 FEET; THENCE NORTH 45°45'59* EAST 68.41 FEET; THENCE NORTH 1°45'25• ·EAST 92.00 FEET: THENCE NORTH 78°07'2&• WEST 2t7.96 FEET; THENCE SOUTH 11°52'34• WEST t3t.SO FEET TO THE BEGINNlNG OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEAST~RLY ALONG SAID CURVE 29.85 FEET THROUGH AN ANGLE CF 85°31'38~ TO A POINT OF TANGENCY WITH THAT COURSE DESCRIBED ABOVt •HICH BEARS SOUTH 73•3~'04• EAST; THENCE SOUTH 73~39'04• EAST 81.9t FEET TO THE TRUE POJNT OF BEGINNING. c -" G c (! c c :; -.. • ~· THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF r.ALtFORHtA, COUNTY OF SAN OtEGO. ~ IS DESCRIBED AS FOLLOWS: PARCELS A AND t OF PARCEL MAP NO. 642, IN THE CITY OF CARLSBAD. IN THE COUNTY OF SAN DIEGO, STATE OF C~llFORMtA. A COPY OF WHICK ~AS RECORD~D OCTOBER ll, 1971, AS RECORDER'S FILE NO. 23.454 OF OFFICIAL RECORDS, SAN DIEGO COUNTY. EXHIBIT B -• .. • .. .... ·-·~~ .......... ~,. b ... --·· ... -·· ....... '-·~ ,_ .... _ ...... ' r , .. • . · .RECOADING REQUESTED BY AND ) ) ) DOC I 1994-0449966 •: WHEN RECOROED MAIL TO: 20-JUL-1994 12:18 PM IJFICIAL R£-SAH DIEGO CIUfTY RECIIDER'S lfFICE City Clerk CITY OF CARLSBAD . ) . GREGORY SIIITH • COUMTY REtOOl~ 1200 Cerllbad Vllllgl Drive CIJisbad. Cdom1a IIDD8o1889 ~728 ) RFr 10.00 FEES: 16.'!1 AF• 15.00 nr: 1.00 Space above this Rna for Recordefe use Parcel No. r::;J.Jo -170-a; AGREEMENT BE1WEEN DEVELOPER-0\NNEA AND THE CRY OF CARlSBAD FOR THE PAYMENT OF A PUBUC FACILrrJES FEE FOR OUTSIDE THE BOUNDARIES OF COMMUNRY FACILITIES DISTRICT NO. 1 THIS AGREEMENT II entered Into this I day of rl ~ J y' , 18!j) by end between ~-'.J 5'~NJI/ 1.'1. ~~AL'-:$ E4 rf'~c ~A' (name of developer-owner) a corporation • hereinafter referred to 11 -oevetoper whoee address (corporation, partnership. etc.) 11 5t:f9ZJ /9VJ!;""N/t:}4 F,_.,<.,~/0.$ (etreet) (city, state, zfp coda) and the cnv OF CAF\t.SBAD, a municipal corporauon of the State of California, hereinafter refened to • -aty-, whose address Is ~200 Cartebad VIllage Drive, Carlsbad, California. 92008- 1989. WITNESSETH: WHEREAS, Developtr 18 the owner of the real property described on Exhibit •A•, 8Uached hereto and made a pelt of thlt agreement, hereinafter referred to as -property"; and WHEREAS, the Property Del within the boundaries of City; and WHEREAS, Developer PtOJ)OI8Cia davelopment proJect as follows: ----- .PIZIVB -~.a~ r10c.~tt..~ ,Y p on said Ptoporty, which davefopment oarrfel the proDOIId nama of , t • .. ~-.. 1 • .. •• _.,._ • w.,,_.,......,.,..,. '"' ·-.e ••'lllllth'i' I I • .nella hertdtr llfwred to • -oevaaopmena-: and 1727 WH&REAS. DMIOI* tlltd on 1he _L_ day or ~"' ti Y . 1eff ; $/;-;1 J)IIV',n.P~~ ;'~gAo-' /9-1'1~~~ --------------------------------·~ ~ ~ . "Requesr; and WHEREAS, the Public Facllltlel Element of U. City Otneral Plan requtr• that 1he City Council tlnd that all pubiJoflciiJtleanac:t~~ary toteM a development wiJI be available concurrent with need or IUCh dev8Jopment ehaD not be apptOWd (said eJement Is on tile wllh the City Clerk and II Jncorpotated by this reference); and WHEREAS, Developer and City recognize the C0R1Ctne1t of Council PoUcy No. 17, dated Juty 2. 1111' on ftle wHh .. City Clerk nlncorporated by this reference, and that the cnv·· pubDo facllltfe8 and I8IVfcea .... at capacity and will not be available to accommodate the 8ddWoniJ nMd for pubUo faollltlee end eentcel r8IUIIIng frOm 1h8 propoeed Development; and WHEREAS. DewiOper baa asked the C1tJ to find that public fdltlel MCIIIMcll wll be available to "*' tht future needs of the Development u It r. priUnlly propouct: but the Devalopet 11 aware that the City cannot and will not be able to make any IUCh tlndlng Without tnlndll811111tance to pa, for IUCh teMcel and flcllltlae: and therefOre, Devalopat propoaM to help l8tJsfy the General Plln D lmplementld bV Council PoiiC'f Na. 17 bJ payment of a public faciiJifes fee. NOW,1H&REFORI.In consldendlan or the recitals and the covenant~ contlfned herein, 1he para. qr~~a followl: 1. 1hG Devefopet 8hall par to lhl City • pubic fac:ltlel .... In Ill amount not to exceed 3.516 of the building permit valudon of the buUcllng or ltiUOIUreS to be conatruct.d In the Dlvalopment pursuant to the ReqUIIt. 'Thlfee ehll be paid ptiOr to the l8luanot ofbuftdJng --_.._ __ ------•--··- J . i I , . ' l I. ' . , . J t ~ t J i I I , f . . . 1728 to 111111 18, 20 or 21 of the Cltlebad Municipal Code. DevelOper thd pay a fee for converalon of .-ung building ot atructurellnto condomlnluml In .. amount not to IXCGid 3A of the bulldfnO permit Vlluatlon at the time of convaralon. 'n1e fee tor a oondomlnlum canve111on shall be pilei prior" the Issuance of a condominium convatiiOn permit aa prcMdtd In Chapter 21.47 ot the Cerlsbad MunJclpal Cod•. Condominium 8haD InClude community apartment or stock coopera11vt. The terms •Oihef construction perrnilr, "'Ohar construc11on permit" and -.ntHiament tot use-u used In 1hll agreement. except In reference to mobllehoma sites or pt'OJ8CII, 8h8l not reflr to grading perm111 or other permits for the construction or undergraund or 11reet lmproYtmtnt8 un1e11 no ather pennlt Is necessary prior to the UH or occupancy for which the developmlnt IS Intended. Developer shall pay the ettv a public faclfUee fee In the sum of $1,150 for aach mobllehome apace to be conttruc:ted pureuant to lhe Rlqualt. lbl fat ehall be paid prior to the ISsuance of buiJdfng or alher conllrUOIIon perrnll8 for thl Cfavelopment 11118 fee 8hall be In addition to any feel, d8dJcatlonl or lmprcwementl requfrad according to l1Ues 18, 20 or 21 of the Clrtsbad Munfclpal COde. 2. The Developer may otrer to donate a efta or eitel for pubOc facllltJelln lieu of aD Of pert of 1h8 finlnc:lal obUgallon agreed upon In Pngraph 1 above. If Developer off8ra to donate a lite or IJtea for public facll1lle8, the City lhd c:onsldlr, but II not obllglted to accept 1ht ofrtr. 1M time for donaUOn and amount of credit 19111111 the fellh&Q be clatennlned by City prtot to the Issuance of any building or Olber pennHa. Such dllamdnaiiOn, when made, thaD be- come a part of thll agreement. 8ftel donated under thll paragraph shall not Include lrnprCN8IIltntl f'lqUirld pureusnt to 11llas 18 or 20 of the Clrlsbad MunJclpal Code. 3. 1llll agreement and thl te. paJd purauant hereto n requlrecl to ensure 11\e ~of the DevelOpment wHh fie CJty'e Gentrll Plan. lr 1111 fee II not paid a prcwlded htrtJn, the City will not have the fundi to provide public flaiDIIII and eervlcel, and 1he . I l i I I f I l . . . .. be ..... unlll1118 publiC faciDUel "" required by llllllgl'elmtnt .. paid. 1 '12 9 ... car .-to dlpollt~~»,... paid pureuantto thllagreementtn. publcfaciUtlea fund for the ftn8nclng of public faciDUel when 1hl City Council detenntnellhe need .... to provide tht facUitl88 and 8Uftlclent fundi tam Ole payment of1hfl and t1m11ar public facllllll8 fees J r f ~ . f l .. avalllbll. ~ e. City agrees to provide upon requ111 reaonabla auurances to enable Developer to comply wan any requlrementa of other pub!lc agenclel ae evidence of adequate public facl8tJia and llrvlcelaufllclent to ICCOIMIOdate the needt of 1M Davalopment herein dacrlbed. 8. AU oblfgallons hereunder ehaiJ terminate In the event lhl Request made b'f Developer II not approved. 7. Ant notice tom one party to thl other 8haJI be In wrftfng, anclehall be dated and Signed by the party gMng IUCh notice or by a dutt 8UihOrlzed repreaentallvl Of 8UCh party. Ant IUCh nouce lhd not be declive for any purpose Whlt80ev8r unr ... served In one of the following mannet8: 7.1 If notice II given to the City of peraonal delivery thereof to the City or by depoaiUng tame In the UnJted 8tatet MaD, addrelled to the City at the addra8 let forth herein, enclosed In a sealed envelope, addttiiiCI to the City for auent1on of lhe City Manager, postage prepaid and cerUtled. 7.2 If noUca II giVen to Developer by pnonal dellverf thttlof to Developer or by depositing the fNiftll In the United Stat8l MID, enclasaclln a 188Jed envelope, addressed to Developer It thl8ddr• 11 many have been deslgnatad, postage prepaid and Clltllled. B. Thl8 agr8lmlnt lhall be binding upon and ehllllnure to the benetll of, and 8haQ apply to, the respective IUCCIIIOrl and ISIIgnl or Developer ltld aty, and reference~ to Developer or City herein lhd be deemed to be a rererence to and InClude their reepeciiY8 . . I . i . I j i I f l I l I .. .. -~---. ··--·---~ ~-. -·-------. !730 tlmdnata: proWMd, hOWMt ..... ..., IUCOIIIOt to 0Mioplr'8 lnlnlt In b properly lhd have1ht ....... In wrllfng the DMIOpe(t Obllgdont ........ a. Thfl agrMmlftt shill be ..corded but shill na1 cna~~auen or IICUrlly !ldlrllt In 1hl Property. wtwn ... Gblfgallonl or t111t agreemen~ ... ...,.. lidded, car shill recorc~ • . . . ... . . . . . . . . . . . . a t . ' . . ,.,.,.... ____ ...... ----___ ... ·--.-..--~--.-.......---~ ----.. ---... ---·--... ·--··· • 1'731 IN WITNE88 WHEREOF, 1hlt ~ IIIX8CUIId fn San Diego County. CaUfomla .. of the dirt ... wrHten abow. DEVEI.OPEA-OWNEA ---~--~-------(ll;naturf) (tlllt) APPROVED Nl TO FORM: RONALD A. BALL, City All1tttWi Itt ~9Jd~~ CITY OF CARLSSAD, a munlcfpal corporatiOnoltha Stall of Califomla f I .e I •,;.,.,...:t:-';,\.;:::>b .. p ·-~ ........ __.. _______ , "• ~~~-.............,_..._......__ __ ~-·--•-••-- . . . • . 'r . . STATE OF W.IFORIIA I coum OF SAN DIEGO 1'132 On /L~.w_ I 19 .,.j_, blfort•, I OJ.J.t~t! WyLt t: • ~ta..,~uc:, i'rsonali'r appeartd 11: r< Sc HtJL 2 --------------• Ptrsonallr mo. to • (or proved to • on the basts of sattsfaetOI"J IYidtnee) to bl the PlrMn(S) tdlose n-(1) ts/art subscribed to the within instru.nt and aclcnowlldgld to • that ht/she/thtr executed the •-fn hts/lllr/tlletr authorized capacttr(tes), ud that br hfs/htr/tltetr sfgnature(s) an the fnst....ut the person(s), or the enttty UPOn behalf of tlhtcft the person(s) acted, executed thl tnst..-nt. Vttness ., ltaftd ud offtcfal seal. ~~~ EXHIBIT "Aa 1733 GIDD JIO. 1100721•2 LBGAL DBSCRIPTIOJI 'l'BI LAID RIPBRRBD to RBRBD IS SITOA'l'BD DT '1'BB &TATS OP CALIWIJIIA, COUlftY 01' IWI DJ:BGO, »m %8 DISCJllBBD AS FOLLOWS a .. ·~ ........ ~.. •:-14~ • PAICBI.S 1 MID 2 or PDCBL MU m. 13937, D TBB crrr OJ' CARL881D, OOtlll'1'r Of SAil DIBGO, STAB OP caLIPODD, J':tLBD Df 'IBB OI'J':tCB OP mB COUil'1'l IICOIDIIl OP SD DIBOO COUB.tr, BBPTIIIBBR 3, 1sas u PILl ao. c.s- 321&&1 OP OWIC!AL UCOJU)S. . PAltC'!IL a, A 110!1-BICLUSIVB BUIIIII'l' POR mGRSBS, BGRB88 A1ID PARKDG OVBR MD ACitOSS moaB POR'l'IORS OP THB fOLLOWIHCJ DBSCRIBBD PROPDna DJlC8L8 A AKD 8 OP PUCBL MAP BO. 642, IR 'l'liB cr.rr OP CARLSBAD, aJt1J1n OP SAil DIEGO, ftA'I'I OP CALIPODIA, FILBD Df 1'BB Ol'PIC:S OP '1'BB C!OOITl 1tBC0RDBR Ot aNI DJIGO COtDift, OC'lOBBR 12, 1971 AS PlLB lfO. 23CC54 OP Ol'fiCDII IBCORDS, AS 8BT PORTS AND DIPDJBD m tHAT C'BRTAD RBYISBD ICID10RUDUK OP LRMB DCORDBD DBCBMBBR J, 1986 AS P!LB 110. 86•57.125 OP OPP%t:JAL RBCORDS. ~ ~ DETAIL ·a l"•loo' ~~Ul~l~ Ill~ ~~t,gU 1 I~ ~ 1~ ,~,,, .. 1 .. , .. , .. ,!!! IU I~ l~li I!! ~ ~~ [i==~~~~:~T~&1.~~ •. ·J1 w tcr. tal\!wlliiiacJ,.'"MMrJj CR 111.0111 ·--·----------·----·----· ~ •oo COUIITf ._....., ""' ... "1 N l. ,!----.---~-·--··:-----.... ® ~-' r • __ ,.. •.. ··-·---------------- u-so-s OLD HWV 101 MAP 823 -RHO AllJA HEOIONOA ROS 180f. 687:!. 7050 ........... -... -----~·· ~ . ...... 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AMEPT£1> A.t HINT ON C£NTE.9LIIII' 'r 6 AY4"NibA GNCINAJ'. V Pi.ASTIC CAP .IT.IMP£0 I.S .1~,.1, f.l PfNKT 4-?.IJ() rFET W'I.Y ar NV' r~.oA iiNt'/NAJ' Ar RKIIff ANGLG FOUND /(" IRON P/1£ NO r.1S At!ffPT£D AS POINT ON N'£Y RIGHr IF WAY LIN£ IF PA£1JMAR AIRPORT ROAD· PER Mll "37) INC. 0.10' __ .,.__ Nll•sz::s~t•£ ~--~-~·-W~IJI _...,I I Ur# £.1& 1 IUI..;..___--;\..;..10_~ I li.F. J I NO .rCAL.£ 5' WID£ £ASCME/ff FOR fJNIJl/IIJIIIJUNO C~MUNH:ATION .triiiJI!rHRE.l PER F/P 116. IIUJ/ RltfJIIIJUl Jll'f 14.!!J6'1. Pf:R LEGEND I PM tit42. . .... .-..... -'-C.Io:I~IVIJ = INiiiCATl'l FININJ) /" llftJ, 8TAMNIJ •mY. OF NWYI" .a-rATE OF CAL/FIJIINIA ; WAY MAPS 1.0-3'11'1 ~ R.IJF.J. MAP NO. GI?J • /NDICAT£1 FIJVNIJ MO.+ 0 IND/CAT£8 8£r.&"~lf.·IRD 3TAMP£D /.$ Ul9 IN Til£ £VENT 771£ AS04 1/ME.Nr CAIINDr II£ 61 $£EN C/RCUM:JTANC£8, ED LS ++!9 WILL B~ CRETE l_3_TON£ I WOOl) Gl TRUE PDS/riON CALLED (3£E DCFDIMIJ MOIIUMEI M6'Nr IN rH£ .Sl/NV£YG ON IHEET ONG.) i WJ)ICATES CENT£1/l/N£. '"'"' INNCATES ACC£'.11 NISI. 77J JTATE OF CALIFORNII 1087S(, I RECORD£/) .tU. xxvxxx INDit.ArEI A8UT1TII:t 1111 IN ANIJ TIJ PALOMA/I .. RELINQU/81-/ED AND WAIV TO THE ClrY OF CARl. DD, INDICATES INFORMA Tl~ RCCORD£0 APRIL Zl, I! 8'l-113001t-O.R. ( ) INDICATES INFORMAT/0, NOTED • ...WT£: A H~I.PRIJC,U. .A&'IJGI8 AHIJ .R4h'lr &ANKETI/Itl PIIHCEL 2 WAS -".!f!I)H/>4"b l)fXUMENT Na 85 -1/#1!950 0 • ...9. .... ~ .... DETAIL '8 l"·loo' .~ ~!~! li ~~1~1 I~ 1111 ~ ~~~ ll I~ ~ 1,,~, .. 1 ... 1 .. , .. !! fil~ ~li I~ IZ ~~ [i::t~mt:rr~~.~aiii&\~~ .J, 1A'1 1C11 CIIIRY '111111 tacit''bliiiiilii Cll IM.DIIJ CftllfiiCfl ~ --··----·---. ,"!----.---~--·-··:----- @) ~.tr 1 . ·-·---------., ST.II.T!.. H N" ! u-so-s A. N. 7ll'llt:J7"t. 4.50 8. N. 15°40'23'W. 111.00 c; ••. 7<t'l'i'J7"W. 4.:.0 D. N. IS"4t'l3"W. ~.20 OLD HWY 101 --. NAP B23 -RHO AWA HEDIONOA ROS 180£.. 68'72. 1050 . ............. _______ ,.,.., ...,., .. . ...... •.. .·· / Gl: I II •1 ~'96 .. -~ : ~i' i' ~. ~ ::t..:. 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OF NWYJ" .trAT£' OF CALIFORNIA ~ WAY MAN 1.0-:J?'I " R.OF3. MAP NO. GI?J • INDICAT£1 FOIINIJ MOh 0 INDIC'AT£'1 .SEr.l•rH•IHO 3TAMP£D L$ .f.+l9 IN THE li'V4'NT Til£ A80j i/ME.NT CANNOT II£ SG'l $£EN CllCUM3TANCE8 I ED LS 4-+29 WILL BE' CR£T£ 1 _ ~TONG, WOOl) Gl THU£ PCJSiriON CALLED (3££ DCF£'11/IED MOKUN£1 M£Nr IN TN£ .SUHV£YG ONIHEEr ONE.) C WDICATG.r CENT£1/l/NL', II/ Ill/ INIJICATES ACCE,JJ IIISJ. 7?J .JTATE OF CALIF0/1~ /()87S' I HECOHD£1) .!U. YXYY:XX /ND/f.AT£1 ABUTrEMIIA IN AND TIJ PALOMAR .. RELINQI/1811£0 AND WAIV T1J TilE CITY OF CARl DD1 INOJCA TE.S INFORMATU R£CORD£D APRIL Zl, I! Bt -1/.JOOfr. O.R. ( ) INDICATES INFORMATIOJ NOTED. JWT£: A Ht'/PmJt:N. .llt:GR8 AH/J .91/i'lf BI.ANKET/1111 P.INCEJ. 2 WAS H.!I!Pii'bEb DOCUMENT Ala 85 -1,29S(J O.H. - ---· .. -~n-te:. ,..,..,~"'c: e'~.es", AVG..V/.04 ..sw'G'~ Ao:i ~# ~...iN .-.MJ WNW' 10 ntW CRY t:J;E" VVTr4~ ....... Nr.S ~ A~ APIPVI• ,-~ Z /.V AN41' Tb ~UJM.te ....,,..-...,. TTED ~V.I$/c:Kf'S OIC" SMICT/ON ~.!Itt. ft)(l) '/ Atfo4P AC..;-7*N6 -"X.cDWI"....,. ~4.M4· aM/rnTC~ ,_,.,.,.-/N~IIR"' m IUe# ,...AE:N' A'W'2:) A~te :r~£ .AN'D &•vo .NtV A<IEIIPU"'AT.SD 8V TNI G#:IV~· o.cr..V/A, H~ at:" R'-'Nn. ~ I.S P"'4"'~ ~. /tfri?S'4 /N a.&le'.l-~, · ~~"' ~os, ..,.~D R,_.,.,rs • olf4h'2) A .c'JIUI, ~A<rrm...v, N~ ff»' &4.seM.svr .,.,.-.tN As ..c"/~A4cM' .Vt:?. /~4/ M/ ~"? _.-.:1'....-'.C/A' ~DS1 S.VD NVaT' N.t..c:w;v ~ 4 ~- ~G. INC. NOT£ 7W.cs ~iS A•"'G)4iii:J611'D ~ 7'NIT ~-~AMI ?MMr at¥40/N'iS ,llff/ffJ9Mn;s lfH'-~ N4F 86 /.:Nfe.fiiD ~ a!rVI~MCUr ~ TTriiF wcr ~Rw tNV~o..a 7'11(6 ~nv ~ ~ ...._...:nH!Il ~ At64Nt:'/6f; DIIF~JV6 ~r ««WIR ~'Y .I.S AVt1411.;/1el.l; AT~ rAMI" 41'" .. ~~T'.IOV ..,. .llt:N ArR_,,_ AND WU.t. a::MI'r.INVI nJ 4!16 AVA.,~A~ _,., ~ t:N" Cc:ICuP~JoC ~-·-.... -......... - -.. ---r ~$ FROtof RIJI:'IRENC:/1 ~ IWAY. AMr 8111 Mil' rE ...... 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At:t:£PTFb A.1 HINT OAI CFNrrHt.INE ")FE AYIFN/,{)A liNCINAtl'. V PJ..ASTIC t:.IP .ITAMP£0 /..f -'"J• t.t PtJWr ""?.()() 17£T W'I.Y at:"NU r~t>A £N~INA.! A7" HM/ff ANIU.I' FOUND /(" IRON PIPE" NO r.u At!Cf"PT£D A.S POINT ON N'Lr RIGHT IJF WAY LIN£ fiF f'AUJMAR AIRPORT ROAD- PER IM8 G3'1) INC. -... 1 ... 5-Wf 1<, I I UIY £1& I IUL. __ -7\.;_10_.:1 ( fi.F. ) I NO J't:'Al.£ S' WID£ E.AS£.MENT FOR VNMIISINJUNIJ C~MVNICA TION .rrRIJI!.TURE.l PER F/P NO. MUll Rlr/J/1/J{Jj JllY 14oi!J6'1. PE"R LEGEND I PM ll04t. ........... -.. -'-C. 1.7 .::. IV £J = INDICAT£1 FIJIJNJ) I" IAtJ, 3TAMNIJ •IJIY. OF HWYS •· .trArE OF CALIFOHNIA ~ WAY MAPS 1..0-J?rz " R. OF .1. MAP NO. Gl?.l • INDICAT£1 FOIIND MOAt 0 INDICATEI 8£r.l•z,.•IHIJ 3TANIP£D LS UZ9 IN Til£ .!VENT Til£ A80; IJMf.N T CANN()T 8£ SG1 SEEN C/RCVM3rANCE8 • ED LS +•29 WILl. BE ~~~f£ /to~f~~~~~f~ot; (3£E DCFERIIEQ MO/IUM£1 M£Nr IN THE SUHY£YfJ ON IHEET ONG.) C JNJ}/CATES C£Nrl'Hl1N£, '""11 INJ)It:ATES AUE.13 /1/Sit TlJ JTA TE OF CALIF Oil Nil 108?S', RECORDED .tU. xxvxxx 11/Dif.ATEI ABUTTTMRA II( ANIJ TO PAI..OMA/1 .. RELINQU/81-/ED AND WAIV TO TilE CITY OF CARl DD1 INDICATES INFORMAT/t R£&0RD£D APRIL Zl ~ I! 8l.-lf.1001,. O.R. ( ) INDICATES INFORMATIO~ NOTED. IWT£: A Ht'/PHtJt:.U. .At:t:GI8 .4114) 19419/r &ANKFTNfl P!IIIC£1. 2 WM A'G(!tMt!Jeb IJOCUMENT Na liS -llt29S<7 O.h'. Recording Aequeeted by and When Reccxdad Mall to: 1492 90APR20 MID 10 ·-~·~ lrt~.!!-1 DECLARATION OF SUCCESSOR TRUSI EE I. WAL.'TER BSLJI!AH declele ae IOUowa: 1. nl8t PAUL ECKI!. SR. wea named aa the Initial Tnatae of U. VOGEL-BEUEAN TRUST dated May 15. 1881. 2. That on February 14. 1880 PAUl. EC1<E. SR •• rvlllgned as the Truatae of eaJd Trua.t. 3. That ARTICLE VI of lhe Tnlat ~-~: '"1. If PAUL ECKE, SA. ...... for 8nV ,...on be U1llble to ccnllnue 01' c:eeae to eat u Truetee. then WALTER BEL.JEAN ...... .-nw -Truattle. In 1h8 ~WALTER BEWEAN le WM!IIble or d ...... not to..,._ then MAG- DALENA RlJTH AB·FAN 8hel •rve -T......._ at tiWe ia no nen'MK:f StiCCI81or Truellltt • .ny time who Ia able or wang to ..ve. ttw then acUng Trut*le • .,.. nominate .,. next Suoa•••or Tru.tee.• Slate of Cellomla ) )88 Co\.ntr of s.n Diego ) On Apt11-'.£t_. 1980 bel'ont me. the unc:lenllgned. • Nol8ry Public In end for .. ld County ..:1 State. PW801 Milly ep-,pe..-.c:l WALTER BELJEAN ..,.ona~y 11cnoWn to me (or pr'CMtCI to me on the baela or eatlllfactCWY NCI8nae) to be.,..,....., who8e n~~me 1e eubiiOrlbld to u. wltr*l 1ne1rum1nt . and ckl10nledged ti"MMt tw ~ 1he ~ SAN DIEGO, CA Document:DL 1990.215057 Printed on:7/10/l012 9:48AM Page:l oft -ldCOiaiiNG MOUn~~ 605 White & Robinson A Professional Corporation AND -.r.~la.e~.li&D AND. u....-cmtiR W ... ·~~--· MAR. TAX nATII-Ta To. -'White & Robinson I ~ A Professional Corporation on. 600 •s• Street, Suite 2050 "::san Diego, California 92101 L ..J Title Order No. Escrow No. GRANT DEED The andeniped c1ec1ares 1hat the documenlary trusler 1ax is s .. -::l!=. ... .o.fQ ... C9.!ai.W.Itir2nL--. aaclia 0 computed 1111 the fyU value of the int-I or property coaYeJed, or il (] computed on the lull value leo: the nlue of lieu or encumbrancu remalnboc lhaecm at lhe lime of ale. The lud. te-or realty islocstocl ia 0 uain<Orporatocl area ll!l city of .. ...c.a.rl.abad.-................... ______ ............... -.......... ucl FOR A VAWAB!.E CONSIDERATION, receip& of wlaich Ia hereby acbowloclpcl, PAUL ECKE, SR. and MAGDALENA ECKE, husband and wife hereby GRANT($) 1a PAUL ECKE, SR., Trustee of the VOGEL-BELJEAN TRUST Dated May 15, 1981 lhe followlns deocribecl real property In the ~yof San Diego SEE EXHIBIT • A" ATTACHED HERETO Daw June 17, l9Bl PAUL ECKE, SR. I'OR NOTAIIY SIAL OIIIIITAMP ---- ,. ,. li ''i ·-· ...... I I J \ " l Pu 1-\i I~ ~:I ~ ,:it ,I :• ••• f 0 ·I I I :..._.· ,. J I r .... I!:XHIIII'r "A" LEOAL DESCRIPTION Tha.t portion of Lot 11H11 of Ra.ncho Ap Hed1.on4a, in the City o£ Carllbad, Co~anty of San Dle&o, State of Califomla., a.ccol'lllD& to Partition Map No, 813, Filed in the Oflice of the County Reoordn o£ •&I.e! County, Nov•mb•:r 16, 1896, cleeol'ibn a.a lollcnu1 !oeginning at the point of intoraoctlon of the E:a.eterly line of tbe 100, oo foot. richt of wa.y of tbo Atcbleon, Topeka ancl Santa. J'e Ra.Uroad Compa~~y, aa deecdbe4 ln Deed to the California Sollthen Ra.Ur*, fU•d Ma.:rch 10, 1881, in Book 38, Pa1e 171, of Deed• with the Southuly line ol Paroel Z o! the land deaoribe4 ln Deed to the State of Ca1i£ornla, reoorded June 18, 1965, u Documeat No. 108756 ol OUlcial Recorda; Thence alone Rid boundery line of the State of Callfornla l&nd., South 65°49'21" li:&•t to an 1.ngle point; Thenco South 73°3910411 Ea1t 2.87, 96 feet to a~a anale point, beb111 the true point of becitmlng: Thenu S011.th 8402.\'31" Eut 96.4S feet; Tbenco North 45045'59" E&at 68,41 feet; 'l'hlllce North 1°45115" Eaat 92.00 feet; Thenu North 78°07•2611 Weat 217,96 feet; 'l'honce South 11° 52'3411 w .. t 131.50 feet ~0 the bepnnina ola tana•nt zo. 00 foot nclhae curve ooncave northeaaterly; Thence Southeaaterly alon1 ••.ld ourve 29, 85 feet through an angle of 85031138" to a polnc of tangency with that courae deacrlbed above wbloh bea:re South '73039'04" Eaet: Thence SOUth '73°3910411 Eaet 81,91 f!l•t to the true point ol'boplns. STATE OF CAUFORNIA } 'i!! COUNTY 01' San Diego SS. .: ~/7-9/ w ....... tloc .-......., a Nourr rllhlk I• aod lor Nld c-., .. ~ Stato, .... -.n, --_..P.a~ k_.,. .. ,.Lc,.. __ ,....._. is __ ......,ribN 10 doe orilllla Ia..,_,.,, " ,.. Ana...,._ Ia fan of _..Jia9dalenn Bcke ..... "'_,.,.....,. .. , ... be ..........,, .. __ _ of Magdalena Ec!to ...,., ... oorioci""L..... a..r_bia._ owa ..,.,_ u Au.....,_ Ia foci. ~~ P'Oit NOI"AitY IKAI. Olt BTAMI' l ! !:f ..... ,,.. i .... ,,, !!o " ~ ~ 1 2 'Y;_' f 1 -.. /. I t !• -l.!.=.·------------.........-:i ... ··~ _,, ~·: .• -~ Deacription: SIU1 Diego,CA Document-Year.DociD 1982.113004 Page: 2 of 2 r -.:,. ,...,~G/C: e>A::aScs, AVE..V/44 c$VC,.O~ A.,:s ~AI' ~ .......... -ACAQ WA"W" i'l1 :nt1tr Ch"J' t::hl'" ruJ""rln ~NnS ar ~ ~~~~~ Z /..V A.V'-' 7ZJ Af~M.c.! """•A~Mr ~ws,a.vs ~ s.::r,t:JN ~~"' tt:)t') "/ AMP ~ rAW "'*4:DW'.r.W S...4..VA· ONI/~1 ,.,.,..,R /.;V.r$91.S7" AI 1UCN ....-AE:N' AV-'2::1 ~ Th%-E ANQ &410 ....._.. 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IM6 ~.(NOS U7J J'llt?IYJ' #. "Plo.f' P/P£ ~~~-)~~TFIJ A.t N.W. ~NEH OF "''7~ AN.h .J.I .~.r-.. ~~ ~~~ ~::.r 'T /I.IIIHT ANIJ.G TQ J>Aib t"E.AIT.Df"LING. AI:I:EPTFI> A.t HINT (MI t:FNTE.91./N£ "JF 6 AVGNIOA G'N()INAtf. 'I Pi.AITIIJ flAP ./T.IM~£0 /..! J'~,1, 1.1 PtMf!T 4?.tJtJ fl"£T W'J.Y 1¥ Ni.Y riJIIDA EN~INAJ' Ar RKI/ff ANII.G p INC. I I t1J --.. , OJ5.11JIId, 1 un 6JI:. I IIIL. \ /O,j I S.F. J -1-T-NO J't:'lfl.£ WID£ £ASCMENT FOR f/IJIJEit&IIOIIIIIJ C~MUHICA TION .lriiiii!TURE.J PER F/1' IHJ. Mf'-SI R£UJ/11Jlll JILYI4o196'1. ----------' LEG CIVIl PM lli42. .......... -... -'-c. &.:1 t:. IV IJ Cl INAICAT£S F'«<ND I"IAtJ, 3TAMN/J •IJIY. OF HWYI'' .r-rATE OF CALIFIJI9NIA J WAY MAPS t0·3?rt 4 R. OF 3. MAP Nil. 41'1'.1 • INDICAT£1 FIJVNIJ MON 0 IND/t:AT£8 4Er.l.•x••mo 3TANIP£D J.S UlS IN Til£ EY#"NT TJI£ A8D' i/ME.N T CANNOT 8£ SS"1 $£EN C/RCIIM3TANCES • ED L8 ++!9 WILL BE" ~"~f£ k~f~fl ~ff~otJ (3££ DCFDIMIJ MOIIUMEJ M~Nr IN rH£ SVHV£Yt:. ON IHEET ONG.) C WJ)/CAT£.1 CENT£Hl/NL'. ""'" INIJ/CAT£1 ACCE.II IIIGit 711 .ITATG OF &ALIFORM IIJ87S', RECORDED .td. n·oxx INDif.ATEI ABUTrE'M RA IN ANIJ TO PALIJMAk .. RELINQU/81/£/) AND WAIV TO THE ClrY OF CARl. DD, IN/JJCA TES JNFORMA Tit. RC£0RD£D APRil. Zl, I! Bl.-1/.JOOI,. O.R. ( ) INDICATES INFORMATIO~ NOTED. IWT£; A .IEt'I.MtJC,41.. .lt't:R8 ,,ilt) 194.9/r BI.ANKETIIIQ AIHCfl. 2 WAS /IGC"I'H0.£b DfXUM£Nr Na 85 -N,I!9S<7 O.N. D RECORD OF SURVEY D STATE HIGHWAY 0 MISCELLANIOUS D ASSESSMENT DISTRICT BOUNDARY D ASSESSMENT DISTRICT DIAGRAM MAP NO. i/:3'!1.3? ~ '- "OAM713-m OWNER OR NAME t:P.tL~ 0 ~~~ I, j. j,_u .~ ~~ ~ 11-'1 ~. I/A-m1 -~~~: ..... tu~J u (/ ~7q VERA L. LYLE. RECORDER SAN DIEGO COUNTY By,~A4-fbJ~:.,k FILii/PAGE NUMBER 85-321.661 Deputy FE IE '1.?~/:F liJifl,r I I I :I~ .. : .. ,:, .. •• ... I ., ·r .. .F ... ~ ... DETAIL 'a l"·loo' X I' I Iii I I '.'11' I I I I I I I~ I I II 1: II~ II I I II I I ~I I I III;;;J:·~-~·;; -~-~-;·J·--······~~~~-~~-~-.. .l ® ~.tr • . ·-···-----------· ~ Hdi lllllli I'~~~ I~§ ~· Ill ~ ~ Ml ~ I~ I" 1"11 .. , ... i .. l'l I~ @ :\NI 11100 couwn ,......, MAl' ... "" "' z. I~ r ~ OLD .~---.. ---. --··:----- HWY 101 MAP 823 -RHO AlliA HEDIONOA ROS IBOf. 68"/J. 7050 .................... -~·· 210-17 / .·· Gl! I II •\ ~'96 . . . ...... ·~ ....... ~ .... 1?.. .... I' I II I I I '',I I' I II I I I~ I I II I I II~ II I I I I I I~ ;~~;l·l·l-; J:~;·;;·I·I·;J----·-···~~~~-~~-~-.. .l ~ ~ DETAIL '8 l"·loo' ~:~; I~ I~!",.. 1 .. 1 .. lu 1~ l I~ I~ Ill:! ~- ~~~ [ia:"i~~~~.iu:ii&\•\·JI ""' 1o: t:Ciln 111111 tactt'~ Cil lii.DNJ l'diiNlfl ·--------· --·---.... -· :\All MIOII C:OUIIn .._...., -I«."" PI L ,-:----.-----·--··.--.. _ .... _,. . ...-··· .. ......./"' . ·---·--------------- 11-so-s A. H, 74"1J':J7't. 4.50 e."· ~~·4o'23'w. 1~.oo c. s. 71/'13'3'fw. ... ~ D. N. 15"41'l3"W. ».20 OLD HWY 101 --. MAP 823 • RHO lllJA HEDIONOA ROS IBOf. 687:!. 7050 ................... __ _,....., ZI0-11 •.. •.. Gl: I II ·1 1\.'96 .. =AST SEARCH, FSA, 100. 6/20/2012 06:47PM OPEX ;AN DIEGO 2011-12 TAX ROLL >RDER: 0550963 t-ITERED APN: 210-170-06-00 APN: 210-170-06-00 TRA: 09000 -CITY OF CARLSBAD LEGAL: PM13937 PAR 1 SITUS: 5990 AVENID.A ENCIN.AS ORDER SEARCH RESULTS TOF:CH PAYMENTS AS OF 06/1112012 SEARCH PARAMETERS ACQ DATE: 06/21/1991 SAN DIEGO·; C PAGE 1 OF· DOC#: 1991- 0907770 MAIL: ClO SCHULZ MGMT 1351 DISTRIBUTION WAY #1 0 VISTA CA 92081 ASSESSED OWNER(S) 2011-12 ASSESSED VALUE ECKE P.AUL SR TR (DCSD) 2011-12 TAXES STATUS PA.Yr ... 1ENT DATE INSTALLMENT PENALTY BALANCE DUE LI\ND IMPROVEMENTS TAXABLE 1ST INST PAID 11!03/2011 4.832.99 483.30 .00 WARNINGS AND/OR COMMENTS 2NDINST P.AID 04102l2012 4.832.99 493.30 .00 **NO BONDS OR PRIOR YEAR DELQ TAXES •• ASSESSMENT DETAIL FUND TYPE AMOUNT DESCRIPTION OF ASSESSMENT(S) 6010-01 LIGHTING 6727-48 WATER 6754-48 WATER 6010-09 LIGHTING 5119-11 VECTOR 5119-14 VECTOR 40.66 11.50 10.00 8.34 3.00 2.92 76.42 GARLSB.AD LIGHTING DIST #1 MWD W.ATER STANDBY CHARGE CVVA \1VATER AVAILABILITY STREET LIGHTING & LANDSCAPE ZONE rv1 CO r1110SOUITOJRAT CONTROL MOSQUITO/DISEASE CTR TOTAL OF SPECI.AL ASSESSMENTS CONDITIONS, DISCLAIMERS AND EXCLUSIONS 189.0 703.2 892,2 TOTAL T~ 9.665. 976. his Tax Certificate/Tax Order Report does not constitute a report on or certification of: ('1) mineral (productive andJor on-productive) taxes or leases: (2} personal property taxes: or (3} other non ad valorem taxes (such as paving liens tand-by charges or maintenance assessments). 1ata Trace Information Services LLC ("'Data Trace .. ) rna~ have warranted the accurac~· of this Tax CertificateJTax Orde :eport to Its customer (the .. Data Trace Customer") pursuant to the terms and conditions of a written tax service greement between Data Trace and said Data Trace Customer (the 'Tax Service Agreement"). Any such warranty 1erelnafter, "Data Trace customer Warranty") does not: (a) extend to a third party bearer of this Tax Certificate/Tax •rder Report; (b) cover any changes made to the records of the taxing authority· after the "payments as of." "paid," or )ayment" dates delineated above: and (c) cover any Invalid tax Information shown on the records of the taxing uthoritf or resulting from an error by the Data Trace Customer (including, without limitation. submission of incorrect roperty· information by· said Data Trace Customer). DATA TRACE MAKES NO WARRANTIES (EXPRESS OR IMPLIEC liTH RESPECT TO THIS TAX CERTIFICATEIT.AX ORDER REPORT OTHER THAN (\'VHERE APPLICABLE) THE OAT RACE CUSTOMER WARRANTY. Any and all claims under a Data Trace Customer '•'\'arrant}'· must be submmed to 1ata Trace by the corresponding Data Trace Customer and are subject to the terms and conditions set forth in the ertlnent Tax Service Agreement (Including. Vvithout limitation. the filing deadlines applicable to such claims). In som Jrisdictions Data Trace's validation of a Tax CertificateJTax Order Report is required to activate a Data Trace Custom larranty·. END OF SEARCH City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 111111111 ~Ill~ llll~llllllllllllllllllll~llllllllli m 1111 Applicant: MCDONALDS/KIMOTO RANDY Description Amount CDP13002 729.00 5990 AVENIDA ENCINAS CBAD Receipt Number: R0093070 Transaction ID: R0093070 Transaction Date: 01/10/2013 Pay Type Method Description Amount Payment Check 729.00 Transaction Amount: 729.00 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 llllllllllllllllllll!ll~ IIIII 1111111111111111~1111111111111 Applicant: MCDONALDS/KIMOTO RANDY Description Amount CUP9409X2A 2,649.00 5990 AVENIDA ENCINAS CBAD Receipt Number: R0093071 Transaction ID: R0093071 Transaction Date: 01/10/2013 Pay Type Method Description Amount Payment Check 2,649.00 Transaction Amount: 2,649.00 r City of Carlsbad Faraday Center Faraday Cashiering 001 1301002-2 01/10/2013 98 Thu, Jan 10, 2013 03:00 PM Receipt Ref Nbr: R1301002-2/0058 PERMITS -PERMITS Tran Ref Nbr: 130100202 0058 0065 Trans/Rcpt#: R0093071 SET #: CUP9409X2A Amount: Item Subtota 1 : Item Total: PERMITS -PERMITS 1 @ $2,649.00 $2,649.00 $2,649.00 Tran Ref Nbr: 130100202 0058 0066 Trans/Rcpt#: R0093070 SET #: CDP13002 Amount: Item Subtota 1 : Item Tot a 1: 2 ITEM(S) TOTAL: 1 @ $729.00 $729.00 $729.00 $3,378.00 l.lil:!Ck (Chk# 0000001039) Credit Card (Auth# 04531C) Total Received: $2 ' 815 I 00 -~~.' $563.00 $3,378.00 Have a nice day! **************CUSTOMER COPY************* PROOF OF PUBLICATION ( 2010 & 2011 c.'-frl"""rf--"""'="'=-=., OF CARLSBAD STATE OF CALIFORNIA County of San Diego MAY 07 2013 PLANNING DEPAFn M I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: May 03rd, 2013 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On T · 03rd, day May, 2013 Jane Allshouse NORTH COUNTY TIMES Legal Advertising The protect Is exe~pt fr;Qt11 th~ Califor~ia e~viml:. tmanta1 ty Act. . · . -This prolect Js not loeCJh.ld~"wlthln .,_ _p~tGbte. qre(l of the- Calfornia Ci;la_ stat CommlssiOn. ·.~,"~-~ \~\~-"' \\ ~ ET~ \ \\\ \~ ~~}=~·-~"\ .· 2) CUP oi~'I~1(A} • ~NtiS,SORI ARTS ~ND ·SCI.ENCES SCKQOL • ReRuesf for Gl'l'lmitndme11t to Condlt1011al· ~;.,. Petsr-mlt CUP Ol-.UXl to Inc~ .,. max•mum,jlu~.~··ltittn 0 allo~ tre"" 36 to 49 an<t:fi((:ll)J!rove the pr..,ectsa· ·L-l i tton_·4.tfe'foll'the Monteaothtd'tl.and SCienCleS . ,,_..,~.a 3016 H}ftdand Drive, Car3bad CA In Local Foci . _ . · Monoge- I'J'I8ntZone1. · -. · · ,. · (' \ Jff lW·;c;tw:IIIMee these .PJ~ in covrt, 'f9l' nw·~4'N~ 1b-o 1rcimh9 oi'lt'f_~ Iss~ ·yoiJ or someone else tolillif:l.!ftfie PU lJ hearJnv described in this notice or In wrlften.~ndence :~livered· to the Cltv of CarlSbad at -or prior to the-tMJrtflc hear- 'tng: - ---·-··---------l r-=1 --------------! Cl Retum 'ecuipt Fee Cl (Endorsam< 11 R"qu1•ed) Cl -------------! Restncted >elivery Fee 0 (Endorsam< 11 Requo-·ed) ·..,-c;*:l{;;lftl;-iii;'Pf'HIGF ::r O.lP CJLFr: -• fntif ed ·=ee Postmark Here S-J-13 ...o Total Post1gr California Coastal Commission r-=1 ru entTa--Attn: Kanani Brown 8 sir"eei. A,OI r-ia: 1"-or PO Box No. crt}--;siaie:ztii Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 . . . . .. ..... FILE COPY 5·1·13 J~A_ CITY OF ~FCARLSBAD Community & Economic Development www.carlsbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, May 15, 2013, to consider a request for the following: CASE NAME: CUP 94-09x2(A)/ COP 13-02-McDonald's Restaurant PUBliSH DATE: May 3, 2013 DESCRIPTION: Request for a recommendation of approval of a Conditional Use Permit Amendment and Coastal Development Permit to allow for a 400 square foot expansion to an existing 3,800 square foot commercial restaurant (McDonald's) building on a 0.75-acre parcel generally located on the north side of Palomar Airport Road, between Interstate 5 and Avenida Encinas, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.carlsbadca.gov/cityhall/meetings/Pages/meeting-videos.aspx on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Greg Fisher in the Planning Division at (760) 602-4629, Monday through Thursday 7:30a.m. to 5:30 p.m., Friday 8:00a.m. to 5:00p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. o Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. o Coastal Commission Appealable Project: [ZJ [ZJ This site is not located within the Coastal Zone Appealable Area. Application deemed complete: 01/30/2013 Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 92108-4402. CITY OF CARLSBAD PLANNING DIVISION I I .-=t i ~ 1 '~ 61]'.iJ,~eJ\U. ";~II ~~~~ .. ~~ I . I CJ L' 111'11' ~"~,·~···1!1'"' ~,,,.,,l'~' I .-=t ---.-.. ·-.-.... ---~--r--~-~~~-_j I ..ll 'c·;· ·~te I~ I I rn I CJ R.:tum i•cC•>~PI ~oe (Endor·•>m< ti~,,QtJi·ed) ........ "--·---1 Postmark Here I· <1'1· /.?> I :5 Restrded •e!i\·nry =oe I (Endor•,am<· ·I I~·•Q>Wed} / I CJ CllPq-f-O'rxOIC ,eP.N tG'P : ~ Total Pos"'J' California Coastal Commission 1 ru santT.> Attn: Kanani Brown i .-=t Suite 103 1 .-:10 sfreei .. APT'Na: 7575 Metropolitan Drive orPOBoxNo. II"'-ci,Y;siaie:z115. San Diego, CA 92108-4402 (t~ CITY Of ~CARLSBAD FILE COPY /·C)CJ·/3 Community & Economic Development www.carlsbadca.gov I EARLY PUBLIC NOTICE PROJECT NAME: McDonalds Restaurant PROJECT NUMBER: CUP 94-09x2(A)/ COP 13-01 This early public notice is to let you know that a development application for a Conditional Use Permit Amendment and Coastal Development Permit project within your neighborhood has been submitted to the City of Carlsbad on January 10, 2013. The project application is undergoing its initial review by the City. LOCATION: 5990 Avenida Encinas PROJECT DESCRIPTION: Request for a recommendation of approval of a Conditional Use Permit Amendment and Coastal Development Permit to allow for a 400 square foot expansion to an existing 3,800 square foot restaurant on a 0.75-acre parcel generally located on the north side of Palomar Airport Road, between Interstate 5 and Avenida Encinas, Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments proposed project please contact Greg Fisher, Assistant greg.fisher@carlsbadca.gov, 760-602-4629, City of Carlsbad Planning Faraday Avenue, Carlsbad, CA 92008. regarding this Planner at Division, 1635 I · · · .. Planning Division ~~-~~~---------------------------------------------------;:1:~ · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® Planning Division February 6, 2013 Bickel Underwood Architecture 3600 Birch Street, Suite 120 Newport Beach, CA 92660 • DFILE www.carlsbadca.gov SUBJECT: CUP 94-09x2(A)/CDP 13-02-MCDONALD'S RESTAURANT-CALIFORNIA ENVIRONMENTAl QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is exempt from the provisions of CEQA, pursuant to CEQA Categorical Exemption Section 15301(e)-Existing facilities. No environmental review is required for the project. A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. The check should be submitted approximately one week prior to the Planning Commission hearing decision date. For additional information related to this CEQA applicability/process determination, please contact the project planner, Greg Fisher, at (760) 602-4629 or greg.fisher@carlsbadca.gov. DON NEU, AICP City Planner DN:GF:sm c: Vogei-Geljean Trust, 6415 Edna Road, San Luis Obispo, CA 93401 Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 CITY OF CARLSBAD PLANNING DEPARTMENT REQUEST FOR CONDITIONS DATE: FEBRUARY28,2013 FINAL REVISED PLANS INCLUDED ~ TO: C8J LAND DEVELOPMENT ENGINEERING-JEREMY RIDDLE D POLICE DEPARTMENT-J. SASWAY ~FIRE DEPARTMENT-GREG RYAN D BUILDING DEPARTMENT-WILL FOSS D RECREATION-MARK STEYAERT 0 LANDSCAPE PLANCHECK CONSULTANT-PELA D PARKS/TRAILS-LIZ KETABIAN D M & 0 -CMWD -STEVE PLYLER *ALWAYS SEND EXHIBITS FRO M : PLANNING DE PARTMENT REQUEST FOR CONDITIONS ON PROJECT NO{S}: CUP 94-09x2{A}/CDP 13-02 :J PROJECT TITLE: MCDONALD'S RESTAURANT APPLICANT: BICKEL UNDERWOOD ARCHITECTURE/J. STEINER PROPOSAL: CONVERT UNUSED AREA TO BUILDING AREA Pl ease review and subm it written condit ions t o the PLANNING TRACKING DESK in t he Planning Division at 1635 Faraday Aven ue, by 3/14/13. If you have "No Conditions", please so st ate. Please note that time is of the essence, as the staff report preparation has begun. If you have any q uestions, please contact GREG FISHER, at 4629. c: File Request for Conditions 3/10 Greg Fisher From: Sent: To: Subject: Greg, Cynthia Wong Tuesday, January 22, 2013 1:36 PM Greg Fisher CUP 94-09x2(A) -MCDONALDS In regards to the above CUP, the furniture shall show for both new and insisting areas. A means of egress plan shall be provided as well. This will address diagonal distance thus determining separation of the (2) required exits. Emergency lighting is required for egress purposes when two exits are required. Any other requirements will be addressed when the tenant improvement plans for this currently approved unconditioned space. This includes the aforementioned items, including but not limited to, duct detection if required by new air handling units. Last, if the area on the southwest corner is non-conditioned, then it shall not need to be accessible as the current area. No door or access to this unless for some reason it will be used for storage. If that is the plan, it will need to be declared and approved as such. If any questions should arise, please feel free to stop by anytime. Thank you Cindy 1 • CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: JANUARY 10, 2013 PROJECT NO(S): CUP 94-09x2(A)/CDP 13-02 PROJECT TITLE: MCDONALD'S RESTAURANT APPLICANT: BICKEL UNDERWOOD ARCHITECTURE/J. STEINER TO: [gj land Development Engineering-Jeremy Riddle [gj Police Department-J. Sa sway W Fire Department-Greg Ryan [gj Building Department-Will Foss D Recreation -Mark Steyaert D Public Works Department (Streets)-Nick Roque REVIEW NO: 1 - D Water/Sewer District [gj landscape PlanGheck Consultant -PELA D School District D North County Transit District-Planning Department D Sempra Energy-land Management D Caltrans (Send anything adjacent to 1-5) D Parks/Trails-liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION Please review and submit written comments and/or conditions in the Planning Division at 1635 Faraday Avenue, by.iiJiilji.ijpiy~o~u~h~av~e~'~'N~o~C~o~m~m~e~n~t~s,~p~ea~s-e so state. If you determine that there are ite"'s that Rl!ed to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. _4~_A CITY OF VcARLSBAD Community & Economic Development PLANNING COMMISSION NOTICE OF DECISION · May 16, 2013 Bickel Underwood Attn: Jessica Steiner 3600 Birch Street, Suite 120 Newport Beach, CA 92660 SUBJECT: CUP 94-09x2(A)/CDP 13-02-McDONALD'S RESTAURANT ~d 6f,~r~ FILE COPY www.carlsbadca.gov At the May 15, 2013 Planning Commission meeting, your application was considered. The Commission voted 6-0 to recommend approval of your request. The decision of the Planning Commission is advisory and will be forwarded to the City Council. If you have any questions regarding the final dispositions of your application, please contact your project planner Greg Fisher at (760) 602-4629 or greg.fisher@carlsbadca.gov. Sincerely, ~~ DON NEU, AICP City Planner DN:GF:bd c: Data Entry File enc: Planning Commission Resolutions No. 6973 and 6974 Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ' · · • m~rt~-af~}JS e _.Jf~.A,_ CITY OF VcARLSBAD Planning Division March 26, 2013 Bickel Underwood Architecture 3600 Birch Street, Suite 120 Newport Beach, CA 92660 SUBJECT: CUP 94-09x2(A)/CDP 13-02-MCDONALD'S RESTAURANT LJFILE www.carlsbadca.gov Your application has been tentatively scheduled for a hearing by the Planning Commission on May 15, 2013. However, for this to occur, you must submit the additional items listed below. Please submit the following documents by_ April 25, 2013. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. Please submit the following plans: A) 10 copies of your (site plan, building elevations, floor plans, etc.) on 24" x 36" sheets of paper, stapled in complete sets folded into 8Yz' x 11" size. B) One 8Yz" x 11" copy of your reduced site plan, building elevation, floor plans, etc. These copies must be of a quality which is photographically reproducible. Only essential data should be included on plans. These can be sent as a PDF or similar format. C) 1 Copy of your building elevations (front, rear and sides) in color on 24" x 36" sheets of paper. This should be the photo simulation/elevation exhibits for the project. D) PDF or similar format of the site plan/color photo simulation elevations, etc., emailed to greg.fisher@carlsbadca.gov for the power point presentation. Please call if you have any questions. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized· assessment rolls. B) 100' Occupant List-(Coastal Development Permits Only) a typewritten list of names and addresses of all occupants within a 100 foot radius of the subject property, including the applicant and/or owner. T 760-602-4600 F 760-602-8559 • ! e e CUP 94-09x2(A)/CDP 13-02 -MCDONALD'S RESTAURANT Marc~ 26, 2013 Page 2 C) Mailing Labels -two (2) separate sets of mailing labels of the property owners within a 600 foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address "other than a single family residence, an apartment or suite number must be included but the Apartment, Suite and/or Building Number must NOT appear in the street address line. DO NOT type assessor's parcel number on labels. DO NOT provide addressed envelopes -PBOYIDE LABELS ONLY. Acceptable fonts are: Arialll pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 MRS JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 D) Radius Map - a map to scale, not less than 1" = 200', shpwing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. E) Fee-a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, ~~ GREG FISHER Assistant Planner GF:sm c: File Attachment ... ~ Community & Economic Development April 23, 2013 Bickel Underwood Attn: Jessica Steiner 3600 Birch Street, Suite 120 Newport Beach, CA 92660 SUBJECT: CUP 94-09x2(A)/CDP 13-02-MCDONALD'S RESTAURANT LJ FILE www.carlsbadca.gov The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, May 1, 2013, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on May 6, 2013. A twenty (20) minute appointment has been set aside for you at 9:00AM. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring the following required information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations; and 2. A PDF of your colored site plan and elevations. The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will . be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Greg Fisher at (760) 602-4629. g:m~ DON NEU, AICP City Planner DN:GF:sm c: File Copy Jeremy Riddle, Project Engineer Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 MCUP ~UP ANNUAL REVWV SHEET t LE CL~-.1 INSTRUCTIONS 1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY. 2. DOWNLOAD (DMS) RESOLUTIONS AND REVIEW ALL CONDITIONS AND APPROVED PLANS (COORDINATE WITH OTHER DEPARTMENTS). 3. REVIEW CODE COMPLAINT HISTORY (CODE ENFORCEMENT, POLICE, FIRE, ETC.). 4. CONTACT APPLICANT (OR OWNER) AND SCHEDULE AN APPOINTMENT FOR THE REVIEW. 5. COMPLETE REVIEW INFORMATION SECTION DURING REVIEW. 6. HAVE SENIOR PLANNER REVIEW AND SIGN. 7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE (ADMIN WILL FILE). -=~====================================--=-~ PROJECT INFORMATION CASE NAME: McD=on=a=ld='=s-==-D=r=iv-==e~T=h=ru=----------------- CASE NUMBER(S): ~C=U_;:;_P~9-=-4-...:::..09=x=2 ________________ _ APPROVING RESO NO(S). =58::..:...7..;;:_0 ________________ _ PLANNER COMPLETING REVIEW: =G=re~g~F'""""'is=h=e=-r ------------ PROJECT HISTORY Does project have a code complaint history? ~Yes 0 No If yes, check those that apply and explain below. ~ Code Enforcement 0 Police 0 Fire Prevention Comments (include corrective actions taken and date compliance obtained): 12/2/1993 7/14/1994 8/23/1995 4/30/1997 7/26/2007 4/10/2008 All of the past violations have been closed. There are no open violations on the property per permits plus. Q:'-CED'-PLANNING'-ADMIN'-TEMPLATES'-MCUPANNUALREVIEWSHEET 03/13 e REVIEWINFORMATION- Has the permit expired? DYes IZ! No Permit expires: No ExEiration date Date of review: AEril19, 2013 Name: Amanda Preze D Applicant D Owner IZ! Other If other, state title: Assistant Office Manager for KR Schulz (Management firm for McDonalds} *CURRENT APPLICANT INFORMATION: Name: KR Schulz Phone: 760-597-8780 Contact name (if different): KRSchulz Address: 1351 Distribution Way_1 #101 Vista1 CA 92081 Mailing (if different): E-mail: (optional) *CURRENT OWNER INFORMATION: Name: PaulEcke Phone: 760-597-8780 Contact name (if different): Address: 1351 Distribution Way_1 #101 Vista1 CA 92081 Mailing (if different): E-mail: (optional) Does project comply with conditions of resolution(s) and approved plans? ~Yes D No If no, list below the condition(s) and/ or plan aspects the project is not in compliance with per resolution number or exhibit. Corrective action(s) to be taken: N!A Date pla~_coJl)pleted f~-up review and confirmed project compliance: ~~ ,_~-l).LywvL-yV1p~ Planner Signature Senior Planner *Applicant and owner information must be updated for annual review to be complete. Q:"\CEO"\PLANNING"\ADMIN"\ TEMPLATES"\MCUPANNUALREVIEWSHEET 03/13 Planning Division January 30, 2013 Bickel Underwood Architecture 3600 Birch Street, Suite 120 Newport Beach, CA 92660 SUBJECT: 1st REVIEW FOR CUP 94-09x2(A)/CDP 13-02 RESTAURANT oFILE www.carlsbadca.gov MCDONALD'S Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Conditional Use Permit Amendment and Coastal Development Permit, application nos. CUP 94-09x2(A)/CDP 13-02, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Division will begin processing your application as of the date of this communication. At this time, the City asks that you provide 4 complete sets of the development plans so that the project can continue to be-reviewed. The City will complete the review of your resubmittal within 25 days. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Greg Fisher, at (760) 602-4629, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Jeremy Riddle, Associate Engineer, at (760) 602-2737. • Fire Department: Cynthia Wong, Fire Inspections, at (760) 602-4662. Sincerely, ~;> [£~ CHRIS DeCERBO Principal Planner CD:GF:sm c: Vogei-Geljean Trust, 6415 Edna Road, San Luis Obispo, CA 93401 Don Neu, City Planner Jeremy Riddle, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 CUP 94-09x2(A)/CDP 13,2 -MCDONALD'S RESTAURANT e January 30, 2013 Page 2 ISSUES OF CONCERN Planning: 1. Please include the City assigned project numbers on the upper-right hand portion of the plans. 2. Consistent with the City's Early Public Notice requirements, please post a sign at the site. Information regarding the sign can be viewed at the City's website under Early Public Notice Package. 3. The floor plan submitted is inadequate. Please provide a detailed floor plan of both the existing and proposed restaurant space: Engineering: 1. Please provide a detailed floor plan of the existing and proposed restaurant space including the number of proposed chairs and tables so that sewer and traffic fees can be accurately calculated. Fire: 1. The furniture shall be shown for both new and existing areas. A means of egress plan shall also be provided. This will address diagonal distance thus determining separation of the (2) required exits. Emergency lighting is required for egress purposes when two exits are required. Any other requirements will be addressed when the tenant improvement plans for this currently approved unconditioned space. This includes the aforementioned items, including but not limited to, duct detection if required by new air handling units. If the area on the southwest corner is non-conditioned, then it shall not need to be accessible. There shall be no door or access to this area unless it is to be used for storage. If that is the plan, it will need to be declared and approved as such. Planning Division December 3, 2012 Bickel Underwood Architecture 3600 Birch Street, Suite 120 Newport Beach, CA 92660 SUBJECT: PRE 12-29-MCDONALD'S RESTAURANT APN: 210-170-06 LJ FILE www.carlsbadca.gov Thank you for submitting a preliminary review regarding proposed modifications to the existing McDonalds Restaurant located at 5990 Avenida Encinas. The modifications include converting the open atrium area (approximately 575 SF) to restaurant and office space as identified on the proposed floor plan. In response to your application, the Planning Division has prepared this comment letter. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. This preliminary review does not represent an in-depth analysis of your project. It is intended to give you feedback on critical issues based upon the information provided in your submittal. This review is based upon the plans, policies, and standards in effect as of the date of this review. Please be aware that at the time of a formal application submittal, new plans. policies, and standards may be in effect and additional issues of concern mav be raised through a more specific and detailed review. Planning: General 1. General Plan and zoning designations for the property are as follows: a. General Plan: T -R (Travel/Recreational Commercial} b. Zoning: C-T-Q (Chapter 21.29 of the CMC) c. CommerciaiNisitor-Serving Overlay Zone (Chapter 21.208 of the CMC) d. Coastal Zone-Mello II Segment of the Local Coastal Program 2. The project requires the following permits: a. Coastal Development Permit b. Conditional Use Permit Amendment c. Building Permits 3. The restaurant is an existing permitted use located within the C-T-Q Zone. The restaurant is also located within the boundaries of the CommerciaiNisitor-Serving Overlay Zone (Chapter 21.208 of the C.M.C.) and subject to the provisions contained therein. According to Section 21.208.130 of the CommerciaiNisitor-Serving Overlay Zone, if a higher parking standard, or more than two hundred square feet of increased square footage is involved, the new, or intensified, portion of the existing use shall be subject to all of the procedures, standards, and conditional use permit requirements of this chapter. Accordingly, the proposal to convert the atrium area to building square footage requires a conditional use permit amendment. 4. Some of the parking calculations and information provided on the proposed site plan are incorrect. The existing 3,800 square foot restaurant requires 38 parking spaces. All new building square footage in excess of 3,800 $F including the proposed office must be parked at a ratio of one parking space per 50 square feet of gross floor area pursuant to Section 21.208.100(A)4 of the C.M.C. Therefore, the proposal to convert the atrium area consisting 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 PRE 12-29-MCDONALI RESTAURANT December 3, 2012 Page 2 of a total of 575 square feet to restaurant space requires 12 additional parking spaces for a total of 50 parking spaces. Based on the number of proposed onsite parking stalls (46), a maximum of 400 square feet, requiring 8 additional spaces, could be converted to building area without providing additional parking stalls onsite. 5. Staff does not support any reductions and/or variances to the parking standards for this site. However, the parking layout may be reconfigured in such a way so as . to increase the number of onsite parking stalls. Please review Section 21.44.050 (Table B) of the CMC for general requirements that apply to all standard and compact parking spaces. 6. As a reminder, the owner's name identified on the preliminary review application should be the property owner and not the owner of the restaurant. The Conditional Use Permit Amendment application will require the property owner's signature. Per City records, the property owner is the Paul Ecke Trust. All necessary application forms, submittal requirements, and fee information are available at the Planning counter located in the Faraday Building at 1635 Faraday Avenue or on line at www.carlsbadca.gov. You may also access the General Plan Land Use Element and the Zoning Ordinance online at the website address shown; select Department Listing; select Planning Home Page. Please review all information carefully before submitting. Land Development Engineering: 1. Please prepare and submit the necessary information so staff can estimate the potential development impact fees associated with this project. See the attached fee estimate (city form B-40). For this building expansion, provide the number of new patron seats and additional building square footage that will be added to the existing structure. 2. Prepare and submit a storm water standards questionnaire (city form E-34) for this building expansion. This will help determine the type of storm water standards that apply to this project. We have attached the form for your convenience. If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Greg Fisher at the number below. You may also contact each department individually as follows: • Planning Division: Greg Fisher, Assistant Planner, at (760) 602-4629. • Land Development Engineering: Jeremy Riddle, Project Engineer, at (760) 602-2737 • Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4663 r.~:;~ ~ ~~~~CERBO Principal Planner CD:GF:sm Attachments c: Vogei-Geljean Trust, 6415 Edna Road, San Luis Obispo, CA 93401 Chris DeCerbo, Principal Planner Jeremy Riddle, Project Engineer Greg Ryan, Fire Prevention Bill Plummer, Utilities -Engineering File Copy Data Entry ·""' ' f J~A,_ C I T Y 0 F ·{'-'\CL\.0-Ll ~c 1 \&I \1..-- VcARLSBAD LJ FILE Planning Division www.carlsbadca.gov October 12, 2012 Ron Underwood 12832 Valley View Street, Suite 207 Garden Grove, CA 92845 SUBJECT: CD 12-07-McDONALD'S RESTAURANT REMODEL REPLACES PREVIOUS APPROVAL LETTER DATED SEPTEMBER 26, 2012 The City Planner has completed a review of your application for a consistency determination regarding the remodel of the existing McDonald's restaurant, (APN: 210-170-06-00) located at 5990 Avenida Encinas. The proposed modifications include: • Remodel the building's fa~ade materials from white stucco siding with a red tile roof to a beige stucco siding with stacked stone decorative elements and a brown toned tile roof; • Rework the drive-thru order areas; • Convert the entire open atrium area (568 SF) to non-:building area; • Reduce the size of the outdoor seating area; • Add new parking stalls and striping; and • Relocate and upgrade ADA parking to meet current codes. In order for a Discretionary Permit Consistency Determination to be approved, all of the following findings must be made: 1} No project condition, feature, facility or amenity is changed or deleted that hod been considered essential to the project's design, quality, safety or function. 2} The request represents an upgrade in overall design features and or materials and improves upon the project's compatibility with the surrounding neighborhood. 3) The proposed revision does not change the density or boundary of the subject property. 4} The proposed revision does not involve the addition of a new land use not shown on the original permit. , 5} The proposed revision does not rearrange the major land uses within the development. 6} The proposed revision does not create changes of greater than ten percent provided that compliance will be maintained with the applicable development standards of the Carlsbad Municipal Code. 7) The proposed change will not result in any significant environmental impact, and/or require additional mitigation. 8} The proposed change would not result in any health, safety or welfare impacts. 9} There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change. 10} The proposed change would not be readily discernable to the decision makers as being substantially different from the project as originally approved. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® ""'J,'''{ (·0 Aft~r careful co'nsideration of the circumstances surrounding this request, the City Planner has determined that the application qualifies for a consistency determination with the approved permit and therefore, approves the changes to the project based on Planning Division Administrative Policy No. 35. Unless otherwise specified herein, all conditions shall be satisfied prior to the initiation of project construction. 1. Please submit two (2} blueline copies (24" X 36") of all applicable exhibits for the project file and a reproducible 24" X 36" mylar copy of the amended site plan. The mylar must be submitted, stamped "Consistency Determination," and signed by the City Planner prior to issuance of any building permits for the project. The Consistency Determination Title Block stamp, and other Title Block stamps, can be downloaded from the City's website at http://wwvy.carlsbadca.gov/services/departments/planning/Pages/applications.aspx. The Title Block (stamp) is located under "Resources" on the right side of the page. CITY OF CARLSBAD ~~ DON NEU, AICP City Planner DN:GF:bd c: Vogei-Beljean Trust, 6415 Edna Road, San luis Obispo, CA 93401 Principal Planner, Chris DeCerbo Project Engineer, Jeremy Riddle File Copy Data Entry