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HomeMy WebLinkAboutMS 05-26; ISLAND @ CARLSBAD; Engineering ApplicationCITY OF CARLSBAD - ENGINEERING DEPARTMENT APPLICATION ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. PROJECT NAME: 77(6 IS C-A/JC C4b DATE: PROJECT DESCRIPTION:f/CW1' O'76- Ca7_ 'fl70 fo/. fW2CS PROJECT ADDRESS: 3 ,c O51 5O 15'O2 5'/Z 1/A/el /jiV WAy, C44/ LOT NO(S).: 73 MAP NO.: 1181/ APN(S).: 2/Z -/Z NUMBER OF LOTS: / NUMBER OF ACRES: OWNER: i -&s'e .APPLKANT: Mailing Address: 30 (Dc' Mailing Address: P( t4vy -1 Phone Number: CL'l?--1 —e0o Phone Number: eq 4tj)a,.)- Fax Number: ('i'i) P- (e 1- 1 Oct 4O Fax Number: 'LC€fl 4( O, E-Mail: lee-, E-Mail: ôw' I certify that 1'a egal-ewn a that all the above my knowledge.Si gnature: Signa re: Date: L10 ~ t 2AS '7 SA—_ CIVIL EN l$/?VT C. MOO/E SOILS ENGINEER: FIRM: ?4(ZT?VIERS 5A A65 AJee7ettV'G FIRM: Mailing Address: /?73il ôG7eA/4R,0o Cf& Mailing Address: V(J05 v7O3 ?2,' Phone Number: j') 376 Phone Number: Fax Number: (eJ') 376 - Fax Number: E-Mail: 'o,n E-Mail: State Registration Number: State State Registration Number: ADDITIONAL COMMENTS: IMPROVEMENT VALUATION What water district is the proposed project located in? (check one) Carlsbad Municipal Water District DOlivenhain UVallecitos If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ GRADING QUANTITIES cut cy fill _______ cy remedial _______ cy import _______ cy export _______ cy SEE REVERSE SIDE HJDEVELOPMENT SERVICES/MASTERS/Application for Engineering Plan Check Revised 1/14/02 Mc OD— CIF CARLSBAD - ENGINEERING DEPA•ENT APPLICATION ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. FOR CITY USE ONLY APPLICATION FOR PROJECT I DRAWING I DEPOSIT/FEES COMMENTS (1 all that apply) I.D. NUMBER PAID Adjustment Plat (AD)) O Certificate of Compliance (CE) O Dedication of Easement (PR) Type:__________________ Type:_________________ Type:__________________ O Encorachment Permit (PR) Final Map (FM) Grading Plancheck (DWG) O provement Plancheck (DWG) fl'parcel Map (PM) O Quitclaim- of Easement (PR) Type:__________________ Type:__________________ Type:_________________ J Reversion to Acreage (RA) Street Vacation (STy) O Tentative Parcel Map (MS) O Certificate of Correction (CCOR) O Covenant of Easement (PR) 0 Substantial Conformance Exhibit (SCE) O Other APPLICATION ACCEPTED BY: DATE STAMP APPLICATON RECEIVED H:/DEVELOPMENT SERVICES/MASTERS/Application for Engineering Plan Check Page 2 Revised 1114102 CITE CARLSBAD - ENGINEERING DEPARGNT APPLICATION ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. PROJECT NAME: Tl4 TcLAI (gLc19p DATE: -z '-o PROJECT DESCRIPTION: TEN 1,4 T v& P,4 (L I L_ M. 9 TOI PLAfX6ç or to T S/'/. I T (gTO (0.jfZ (t) PROJECT ADDRESS: 02 - ILl V44 J4LLi 'AY LOT NO(S).: 7 3 MAP NO.: IN LI APN(S).: 2.12 -12 1- 0t.J 00 NUMBER OF LOTS: 4 NUMBER OF ACRES: OWNER: t.0 APPLICANT: /S/€.,,,cl' 'i,,4, / 4'rS ta; Mailing Address: __________________________ Mailing Address: e,'- a / 1r.'e'nJ , Phone Number: 9y9_ pj— Phone Number: 9'/9- 3 I— /7-00 Fax Number: 9y9 - 3c Fax Number: 94'9- 7P/ - /g30 E-Mail: E-Mail: I certify that I am the legal owner and that all the above information is true !!es of my knowledge. Signatur . te: -65 Signaturey' —_Date: CIVILENEi3RENT C. A'l0pE SOILS FIRM: PApJI"EP. 'LAMN1NC- L &lwL&lj& FIRM: Mailing Address: 1c939 BEM4ROO CNTI OR Mailing Address: DIc-o (A 71127 Phone Number: Phone Number: Fax Number: - '6 - Fax Number: E-Mail: E-Mail: State Registration Number: r'7L2J State Registration Number: ADDITIONAL COMMENTS: IMPROVEMENT VALUATION What water district is the proposed project located in? (check one) Carlsbad, Municipal Water District UOlivenhain UVallecitos If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ U GRADING QUANTITIES cut 0 cy fill () cy remedial 0 cy import C) cy export 0 cy SEE REVERSE SIDE H:/DEVELOPMENT SERVICES/MASTERS/Application for Engineering Plan Check Revised 1/14/02 CITY OF CARLSBAD - ENGINEERING DEPARTMENT O APPLICATION ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. FOR CITY USE ONLY APPLICATION FOR PROJECT DRAWING DEPOSIT/FEES COMMENTS (v' all that apply) I.D. NUMBER PAID LI Adjustment Plat (AD]) Certificate of Compliance (CE) Fj Dedication of Easement (PR) Type: Type: Type: Encorachment Permit (PR) fl Final Map (FM) Grading Plancheck (DWG) LI Plancheck (DWG) Parcel Map (PM) 4 2.(o 3 At-r- -- Fj Quitclaim of Easement (PR) Type:__________________ Type:__________________ Type:__________________ fl Reversion to Acreage (RA) Street Vacation (STy) Tentative Parcel Map (MS) LI Certificate of Correction (CCOR) fl Covenant of Easement (PR) Substantial Conformance Exhibit (SCE) [ Other APPLICATION ACCEPTED BY: 7/??a i /11-, DATE STAMP APPLICATON RECEIVED H:/DEVELOPMENT SERVICES/MASTERS/Application for Engineering Plan Check Page 2 Revised 1/14/02 Parcel Map Guarantee RECE WED Fee: $ 400.00 AUG 14 2006 No.: 01-0264164 Parcel Map Reference: CARLSBAD CROSSROADS ENGINEERING Tentative Map No. DEPARTMENT PARCEL MAP GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, STEWART TITLE GUARANTY COMPANY a corporation, herein called "the Company", GUARANTEES (San Diego and any city within which the land is located), herein called the Assured, against loss not exceeding $1,000, which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records on the date stated below, The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; and Had said Parcel Map been recorded in the office of the County Recorder of said county, such map would be sufficient for use as a primary reference in legal descriptions of the parcels within its boundaries. STEWART TITLE GUARANTY COMPANY by its Agent, STEWART TITLE OF CALIFORNIA, INC. By: Frank Green, Advisory Title Officer Dated: August 14, 2006 S . S GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this Guarantee mean: "land": the land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real property; "public records": those records which impart constructive notice of matters relating to said land; "date": the effective date; "the Assured": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; "mortgage": mortgage, deed of trust, trust deed, or other security instrument. 2. EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE The Company assumes no liability for loss or damage by reason of the following: 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. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Title to any property beyond the lines of the land expressly described in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured. 3. PROSECUTION OF ACTIONS The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein guaranteed; and the Company may take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision thereof. In all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. .. S NOTICE OF LOSS - LIMITATION OF ACTION A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. OPTION TO PAY, SETTLE OR COMPROMISE CLAIMS The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. LIMITATION OF LIABILITY -- PAYMENT OF LOSS The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated on the face page hereof. The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorneys' fees in litigation carried on by the Assured with the written authorization of the Company. No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having received notice of an alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. All payments under this Guarantee, except for Attorneys' fees as provided for in paragraph 6 (b) hereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for endorsement of such payment unless the Guarantee be lost or destroyed, in which case proof of such toss or destruction shall be furnished to the satisfaction of the Company. When liability has been definitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. The Assured if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. GUARANTEE ENTIRE CONTRACT Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it, (to be completed by each Company to fill its own needs). THE FEE SPECIFIED ON THE FACE OF THIS GUARANTEE IS THE TOTAL FEE FOR TITLE SEARCH AND EXAMINATION AND FOR THIS GUARANTEE. S 5 01-0264164 PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report is: SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: TORRANCE CROSSROADS INVESTMENTS I, LLC, A DELAWARE LIMITED LIABILITY COMPANY, VISIONARY PARTNERS I, LLC, A DELAWARE LIMITED LIABILITY COMPANY, BRYANT POWER PARTNERS I, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND ISLAND PROPERTY PARTNERS, LLC, A DELAWARE LIMITED LIABILITY COMPANY., AND TORRANCE CROSSROADS INVESTMENTS II, LLC, A DELAWARE LIMITED LIABILITY COMPANY, VISIONARY PARTNERS II, LLC, A DELAWARE LIMITED LIABILITY COMPANY, BRYANT POWER PARTNERS II, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND ISLAND PROPERTY PARTNERS II, LLC, A DELAWARE LIMITED LIABILITY COMPANY -1- 01-0264164 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of SAN DIEGO, and is described as follows. LOT 73 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11811, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19, 1987. -2- 01-0264164 SCHEDULE B At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows: 1. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 2006-2007, A LIEN NOT YET PAYABLE. 1A. GENERAL AND SPECIAL YEAR 2005-2006 INCLUDING FIRST INSTALLMENT: SECOND INSTALLMENT: LAND: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO. COUNTY AND/OR CITY TAXES FOR THE P'ISCAL PERSONAL PROPERTY TAX, IF ANY. $73,791.41 PAID $73,791.41 PAID $4,104,862.00 $9,228,023.00 $0 09094 212-120-04-00 lB. AN ASSESSMENT BY THE IMPROVEMENT DISTRICT SHOWN BELOW ASSESSMENT (OR BOND) NO SERIES: DISTRICT: FOR: BOND ISSUED: ORIGINAL _____ AMOUNT: _____ SAID ASSESSMENT IS COLLECTED WITH THE COUNTY/CITY PROPERTY TAXES. THE FACT THAT SAID LAND LIES WITHIN THE BOUNDARIES OF A MELLO-ROOS DISTRICT, THE AMOUNT OF ASSESSMENT, IF ANY, ATTRIBUTABLE TO THIS PARCEL IS CURRENTLY OR WILL BE COLLECTED AS A PART OF THE TAX BILL. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 2. AN EASEMENT AFFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CITY OF CARLSBAD FOR: PUBLIC UTILITY PURPOSES/STORM DRAIN RECORDED: JANUARY 22, 1985 AS FILE NO. 85-021198 OF OFFICIAL RECORDS -3- 0000 85-2 CITY OF CARLSBAD COLLEGE BLVD. MARCH 25, 1986 IIWSIS] 01-0264164 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS BY AND BETWEEN: CARLSBAD RESEARCH CENTER AND THE CITY OF CARLSBAD REGARDING: HOLD HARMLESS AGREEMENT FOR DRAINAGE RECORDED: NOVEMBER 3, 1986 AS FILE NO. 86-501526 OF OFFICIAL RECORDS THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM COLLEGE BOULEVARD ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP TOi-r8ll - = AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED BY MAP NO.: 11811 FOR: DRAINAGE AFFECTS: I LOT 73 AS SHOWN ON SAID MAP THE FACT THAT SAID LAND LIES WITHIN THE COMMUNITY FACILITIES DISTRICT NO. 1, AS DISCLOSED BY INSTRUMENT RECORDED DECEMBER 19, 1990 AS FILE NO. 90-0674118 OF OFFICIAL RECORDS. A NOTICE OF SPECIAL TAX LIEN, WHICH RECORDED MAY 20, 1991 AS FILE NO. 1991-0236959 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: AUGUST 27, 1999 BY AND BETWEEN: THE CITY OF CARLSBAD AND 11 ISLAND@CARLSBAD" REGARDING: PAYMENT OF A LOCAL FACILITIES MANAGEMENT RECORDED: SEPTEMBER 16, 1999 AS FILE NO. 1999-0636522 OF OFFICIAL RECORDS AN EASEMENT 2 FFECTING SAID LAND FOR THE PURPOSES STATED HEREIN AND INCI]JI NTAL PURPOSES IN FAVOR OF: SAN DIEGO GAS & ELECTRIC FOR: UNDERGROUND ELECTRIC FACILITIES AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY UNDERGROUND COMMUNICATION FACILITIES AND APPURTENANCES AND PIPELINES AND APPURTENANCES RECORDED: JANUARY 18, 2000 AS FILE NO. 2000-0025197 OF OFFICIAL RECORDS AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE -4- 01-0264164 PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: CARLSBAD MUNICIPAL WATER DISTRICT FOR: WATER FACILITIES RECORDED: MAY 31, 2000 AS FILE NO. 2000-0283922 OF OFFICIAL RECORDS AFFECTS: AS DESCRIBED IN SAID DOCUMENT AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: THE CITY OF CARLSBAD FOR: PUBLIC STREET AND PUBLIC UTILITY RECORDED: JUNE 5, 2000 AS FILE NO. 2000-0293359 OF OFFICIAL RECORDS AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: JUNE 10, 2001 BY AND BETWEEN: I CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND REGARDING: RECORDED: THE 'ISLAND@CARLSBAD" LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF THE FARADAY AVE/VAN ALLEN WAY TRAFFIC SIGNAL FOR THE ISLAND © CARLSBAD DEVELOPMENT AND TRAFFIC SIGNAL IMPROVEMENT DRAWING 383-5C JUNE 20, 2001 AS FILE NO. 2001-0415716, OF OFFICIAL RECORDS AN UNRECORDI D LEASE WITH CERTAIN TERMS, COVENANTS AND PROVISIONS SET F( )RTH THEREIN. LESSOR: CARL KARCHER ENTERPRISES, INC., A CALIFORNIA CORPORATION LESSEE: M & N FOODS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY DISCLOSED BY: MEMORANDUM OF SUBLEASE RECORDED: OCTOBER 10, 2000 AS FILE NO. 2000-0542341, OF OFFICIAL RECORDS. SAID MATTER AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. AN UNRECORDED LEASE WITH CERTAIN TERMS, COVENANTS AND PROVISIONS SET FORTH THEREIN. LESSOR: THE ISLAND@CARLSBAD, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY LESSEE: CARL KARCHER ENTERPRISES, INC., -5- 01-0264164 A CALIFORNIA CORPORATION DISCLOSED BY: MEMORANDUM OF SHOPPING CENTER LEASE RECORDED: DECEMBER 7, 2000 AS FILE NO. 2000-0666038, OF OFFICIAL RECORDS. SAID MATTER AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. 14. AN UNRECORDED LEASE WITH CERTAIN TERMS, COVENANTS AND PROVISIONS SET FORTH THEREIN. - I my yr 1 C' T \ ?1r AM C M 71 fl - I .1 (1 A CALIFORNIA LIMITED LIABILITY COMPANY LESSEE: 7-ELEVEN, INC., A TEXAS CORPORATION DISCLOSED BY: MEMORANDUM OF LEASE RECORDED: APRIL 17, 2001 AS FILE NO. 2001-0236624, OF OFFICIAL RECORDS. SAID MATTER AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. AN INSTRUMENT ENTITLED "CORRECTION MEMORANDUM OF LEASE", RECORDED JUNE 20, 2001 AS FILE NO. 2001-0415645 OF OFFICIAL RECORDS. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: JUNE 10, 2001 BY AND BETWEEN: I CITY OF CARLSBAD, A MUNICIPAL CORPORATION AND REGARDING: RECORDED THE "ISLAND@CARLSBAD" LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF THE FARADAY AVE/VAN ALLEN WAY TRAFFIC SIGNAL FOR THE ISLAND @ CARLSBAD DEVELOPMENT AND TRAFFIC SIGNAL IMPROVEMENT DRAWING 383-5C JUNE 20, 2001 AS FILE NO. 2001-0415716, OF OFFICIAL RECORDS MATTERS IN AN INSTRUMENT WHICH, AMONG OTHER THINGS, CONTAINS OR PROVIDES FOR ASSESSMENTS, LIENS AND THE SUBORDINATION THEREOF, PROVISIONS RELATING TO THE PARTITION, RESTRICTIONS OR SEVERABILITY OF COMPONENT INTERESTS, COVENANTS, CONDITIONS AND RESTRICTIONS, PROVIDES FOR USE OF COMMON AREAS, CERTAIN EASEMENTS, AND A PROVISION THAT ANY VIOLATION THEREOF 01-0264164 SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF A MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT OMITTING ANY COVENANT, CONDITIONS AND RESTRICTION, IF ANY, BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN, SEXUAL ORIENTATION, MARITAL STATUS, ANCESTRY, DISABILITY OR UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT, CONDITIONS AND RESTRICTION (A) IS EXEMPT UNDER TITLE 42 OF THE UNITED STATES CODE, OR (B) RELATES TO HANDICAP, BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. RECORDED: SEPTEMBER 18, 2001 AS FILE NO 2001-0671492, OF OFFICIAL RECORDS. MQTP. . 1 P. THE. OVBRENT CODE ,PROVIDESTHE.. FOLLOWING: IF THIS DOCUMENT CONTA'I ETRTCTION'SUSEDON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS 'VOID. ANY PERSON HOLDING AN INTEREST IN THIS PROPERTY MAY REQUEST THAT THE COUNTY RECORDER REMOVE THE RESTRICTIVE LANGUAGE PURSUANT TO SUBDIVISION (C) OF SECTION 12956.1 OF THE GOVERNMENT CODE. AN UNRECORDED LEASE WITH CERTAIN TERMS, COVENANTS AND PROVISIONS SET FORTH THEREIN. LESSOR: I THE ISLAND©CARLSBAD, LLC, LESSEE: DISCLOSED BY: RECORDED: A CALIFORNIA LIMITED LIABILITY COMPANY CINGULAR WIRELESS LLC, A DELAWARE LIMITED LIABILITY COMPANY, ON BEHALF OF PACIFIC BELL WIRELESS, LLC, A NEVADA LIMITED LIABILITY COMPANY, D/B/A CINGULAR. WIRELESS MEMORANDUM OF LEASE DECEMBER 18, 2001 AS FILE NO. 2001-0930691, OF OFFICIAL RECORDS. THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER SHOWING DEBTOR: TORRANCE CROSSROADS INVESTMENTS I, LLC AND VISIONARY PARTNERS 1, LLC SECURED PARTY: WELLS FARGO BANK MINNESOTA, N.A., TRUSTEE OF THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-CP4 RECORDED: JUNE 30, 2005 AS FILE NO. 2005-0552357, OF OFFICIAL RECORDS PROPERTY -7- 9 0 01-0264164 COVERED: I AS SHOWN IN SAID DOCUMENT A DOCUMENT ENTITLED "MEMORANDUM OF AGREEMENT BETWEEN TENANTS IN COMMON" DATED JUNE 1, 2005 EXECUTED BY DANIELSON D.S.S. LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS TO AN UNDIVIDED 28.3914% TENANCY IN COMMON INTEREST, AND THE ISLAND@CARLSBAD LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS TO. AN UNDIVIDED 71.6086% TENANCY IN COMMON INTEREST, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JULY 22, 2005 AS FILE NO. 2005-0620428, OF OFFICIAL RECORDS. AN AGREE 'lENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL DATED: BY AND BETWEEN: REGARDING: RECORDED: OCTOBER 27, 2005 TORRANCE CROSSROADS INVESTMENTS I, LLC, VISIONARY PARTNERS I, LLC, BRYANT POWER PARTNERS I, LLC, AND ISLAND PROPERTY PARTNERS, LLC RECIPROCAL EASEMENT AGREEMENT OCTOBER 27, 2005 AS FILE NO. 2005-0934587 OF OFFICIAL RECORDS A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF DATED: OCTOBER 27, 2005 AMOUNT: $14,280,000.00 TRUSTOR: TORRANCE CROSSROADS INVESTMENTS I, LLC VISIONARY PARTNERS I, LLC, BRYANT POWER PARTNERS I, LLC, AND ISLAND PROPERTY PARTNERS, LLC TRUSTEE: STEWART TITLE OF CALIFORNIA, INC. BENEFICIARY: MORGAN STANLEY MORTGAGE CAPITAL INC. RECORDED: OCTOBER 27, 2005 AS FILE NO. 2005-0934589 OF OFFICIAL RECORDS. SAID DEED OF TRUST WAS RE-RECORDED NOVEMBER 10, 2005 AS FILE NO. 2005-0979881 OF OFFICIAL RECORDS TO CORRECT THE AMOUNT SHOWN THEREIN. THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED TO: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MORGAN STANLEY CAPITAL I INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HQ8 RECORDED: JUNE 8, 2006 AS FILE NO. 2006-0405553 OF OFFICIAL RECORDS AN ASSIGNMENT OF ALL THE MONEYS DUE, OR TO BECOME DUE AS RENTAL, AS ADDITIONAL SECURITY FOR THE OBLIGATIONS SECURED BY -8- 0 0 01-0264164 DEED OF TRUST RECORDED: OCTOBER 27, 2005 AS FILE NO. 2005-0934589 OF OFFICIAL RECORDS. ASSIGNED TO: MORGAN STANLEY MORTGAGE CAPITAL INC. RECORDED: OCTOBER 27, 2005 AS FILE NO. 2005-0934590 OF OFFICIAL RECORDS. SAID DOCUMENT WAS RE-RECORDED DECEMBER 19, 2005 AS FILE NO. 2005-1084561 OF OFFICIAL RECORDS TO CORRECT THE AMOUNT SHOWN THEREIN. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS ____I rmY7. BY AND BETWEEN: REGARDING: VISIONARY I C NT POWER PARTNERS I, LLC, ISLAND PROPRTY PARTNERS, LLC, TORRANCE CROSSROADS INVESTMENTS II, LLC, VISIONARY PARTNERS I, LLC, BRYANT POWER PARTNERS II, LLC, ISLAND PROPERTY PARTNERS II, LLC, AND MORGAN STANLEY MORTGAGE CAPITAL INC., A NEW YORK CORPORATION CRPSS-GUARANTY, CROSS-DEFAULT, CROSS- COLLATERALIZATION AND CONTRIBUTION AGREEMENT OCTOBER 27, 2005 AS FILE NO., 2005-0934591 OF OFFICIAL RECORDS AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL' PARTICULARS DATED: OCTOBER 27, 2005 BY AND BETWEEN: I TORRANCE CROSSROADS INVESTMENTS I,' LLC, REGARDING: RECORDED: VISIONARY PARTNERS I, LLC, BRYANT POWER PARTNERS I, LLC, AND ISLAND PROPERTY PARTNERS, LLC TENANTS IN COMMON AGREEMENT OCTOBER 27, 2005 AS FILE NO. 2005-0934592 OF OFFICIAL RECORDS A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS. THEREOF DATED: OCTOBER 27, 2005 AMOUNT: $2,750,000.00 TRUSTOR: TORRANCE CROSSROADS INVESTMENTS II, LLC, TRUSTEE: BENEFICIARY RECORDED: VISIONARY PARTNERS II, LLC, BRYANT POWER PARTNERS II, LLC, AND ISLAND PROPERTY PARTNERS II, LLC STEWART TITLE OF CALIFORNIA, INC. MORGAN STANLEY MORTGAGE CAPITAL INC. OCTOBER 27, 2005 AS FILE NO. 2005-0934593 OF OFFICIAL RECORDS. 01-0264164 THE BENEFICIAL II TO: RECORDED: TEREST UNDER SAID DEED OF TRUST WAS ASSIGNED U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR MORGAN STANLEY CAPITAL I INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HO 8 JUNE 8, 2006 AS FILE NO. 2006-0405549 OF OFFICIAL RECORDS AN ASSIGNMENT OF ALL THE MONEYS DUE, OR TO BECOME DUE AS RENTAL, AS ADDITIONAL SECURITY FOR THE OBLIGATIONS SECURED BY DEED OF TRUST RECORDED: OCTOBER 27, 2005 AS FILE NO. 2005-0934593 OF OFFICIAL RECORDS. RECORDED: OCTOBER 27, 2005 AS FILE NO. 2005- OF OFFICIAL RECORDS. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: OCTOBER 27, 2005 BY AND BETWEEN: I TORRANCE CROSSROADS INVESTMENTS II, LLC, REGARDING: RECORDED: VISIONARY PARTNERS II, LLC, BRYANT POWER PARTNERS II, LLC, AND ISLAND PROPERTY PARTNERS II, LLC TENANTS IN COMMON AGREEMENT -OCTOBER 27, 2005 AS FILE NO. 2005-0934595 OF OFFICIAL RECORDS AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED: OCTOBER 27, 2005 BY AND BETWEEN: I TORRANCE CROSSROADS INVESTMENTS I, LLC, REGARDING: RECORDED: VISIONARY PARTNERS I, LLC, BRYANT POWER PARTNERS I, LLC, ISLAND PROPRTY PARTNERS, LLC, TORRANCE CROSSROADS INVESTMENTS II, LLC, VISIONARY PARTNERS I, LLC, BRYANT POWER PARTNERS II, LLC, ISLAND PROPERTY PARTNERS II, LLC, AND MORGAN STANLEY MORTGAGE CAPITAL INC., A NEW YORK CORPORATION CRPSS-GUARANTY, CROSS-DEFAULT, CROSS- COLLATERALIZATION AND CONTRIBUTION AGREEMENT MARCH 23, 2006 AS FILE NO. 2006-0201238 OF OFFICIAL RECORDS A NOTICE OF RESTRICTION ON REAL PROPERTY EXECUTED BY THE CITY OF CARLSBAD AND ISLAND PROPERTY PARTNERS, LLC, BRYANT POWER PARTNERS I, LLC, VISIONARY PARTNERS I, LLC, AND TORRANCE CROSSROADS INVESTMENTS I, LLC, AND RECORDED JULY 14, 2006 AS FILE NO. 2006-0498074 THROUGH 2006-0498077 OF OFFICIAL RECORDS. -10- S 01-0264164 REFERENCE IS MADE TO SAID DOCUMENT(S) FOR FULL PARTICULARS. ANY MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OF SAID LAND. ANY RIGHT OR INTEREST OF PARTIES IN POSSESSION OF SAID LAND BY REASON OF UNRECORDED LEASE, LEASES,' OR TENANT AGREEMENTS. KINDLY FORWARD A COPY OF A CERTIFIED CURRENT RENT ROLL FOR DISCLOSURE OF INDIVIDUAL PARTIES. END OF EXCEPTIONS Print date: August 14, 2006 -11-