The URL can be used to link to this page

Home My WebLink AboutCDP 2019-0032; LOVE RESIDENCE; Coastal Development Permit (CDP)~ ---·---------" c·cityof Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits ~ Coastal Development Permit D Conditional Use Permit D Minor D Extension D Day Care (Large) ~ Minor D Environmental Impact Assessment D Habitat Management Permit D Minor D Hillside Development Permit D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan D Special Use Permit D Minor D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor (FOR DEPT. USE ONLY) Legislative Permits CJ(),P'l,o ti,\ - 0~"2... D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change □Amendment □Amendment D Zone Code Amendment 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 (FOR DEPT. USE ONLY) B NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. 't' ASSESSOR PARCEL NO(S): LOCATl()N OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY *SAME DAY APPOINTMENTS ARE NOT AVAILABLE · 385-v:> -oc. 1:6 {5 (STREET ADDRESS) L o " \:. etss lDE ~ Cf. $ zco ()00 ESTIMATED COMPLETION DATE Development No. \?6.J 2,0\t.\-0\3} Lead Case No. C..Qf> '.Z0\4 -OQ l 2 P-1 Page 1 of6 Revised 03/17 • ► • r •' OWNER NAME (PLEASE PRINT) INDIVIDUAL NAME (ifapplicable): Cop;gy Lo\J.: COMPANY NAME I (if applicable): H/A - APPLICANT NAME INDIVIDUAL NAME (if applicable): COMPANY NAME (if applicable): MAILING ADDRESS: MAILING ADDRESS: ----!2.,_1us~G=--,.,_,lfl.l.¥u..J.'f~l?::1cP:.a., ..l!!o~=-.:...---- CITY, STATE, ZIP: {)c.gAt:,.,J,St'g:; / Q. j:2().§J' CITY, STATE, ZIP: TELEPHONE: C 1Gc.) 2-t 3 . 0 G 2~ TELEPHONE: EMAIL ADDRESS: r-r E,h,\h$D!?M-<o.. ':fAHAO~ ~I),/ EMAIL ADDRESS: (PLEASE PRINT) OCi;AN.sUJts I C,..qz_o5f ( 7t!b) .2.j:3. C 52-~ I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FO TH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURP ES OF. :J"HIS APPLICATION. APPLICANTS REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CER M THE NTATIVE OF THE APPLICANT FOR AND THAT ALL THE ABOVE CT TO THE BEST OF MY iocro' ''2 DAE ' 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. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED O THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND D Bl ANY SUCCESSORS IN INTEREST. OWNER SIGNATURE R1.: -.~ ,.-,. r' ,r:=o ~-t.. I +:-} ~- DEC 11 2019 CITY (Jr· C1-s;;LSBAD DATE , 1 ~!-.1 8,':£10.Ji Fm~EIVED RECEIVED BY: P-1 Page 2 of6 Revised 03/17 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 compliance with the subject approved permit. Signature N / Ii.. Date: _________ _ 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 displa ar permitted within the Village Review Area and the permittee remains in compliance with the subject apµ, ed ermit. f Date: 4 .QCf o ( o/ P-1 Page 3 of6 Revised 03/17 -, ~-"-. (-.. ~-C_i_cy_o_f __ _,~R._O_J_E_C_T_D_E_S_C_R_IP_T_IO_N_ Carlsbad P-1 <9 > PROJECT NAME: /_o~ c_; Tce .. .Se,)v,.u-<'_ APPLICANT NAME: {!p(-e_y LJBv-(__ I 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 adde7um sheet if necessary. Description/Explanation: S.e,-t, fJttt=..Ci-R.c P-1(8) Page 1 of 1 Revised 07/10 4615 Telescope Ave. Carlsbad. CA 92008 Property Description -Previous owner, John and Christine Safarik and its trust, bought 4615 Telescope lot from developer, Hecht and Solberg McDonald. 4615 Telescope Lot is adjacent to the Safarik families home located on Skyline Road. -At the time, 4615 Telescope Lot had been graded and was being prepared to be apart of Telescope Point Housing Development. -The Safarik family bought 4615 Telescope Lot in order to build their own home in the future for their family but they never completed it. They decided to sell the lot in late 2018. -4615 Telescope Lot was purchased by Corey and Hope Love in January 2019. -At this time, lot still has original graded pad, water meter, sewer lateral from the original developer, Hecht and Solberg McDonald who prepared the land for building a home but never built a home on it. -Lot has been vacant since original grading. -Please see attached pictures for most recent photos of 4615 Telescope Lot taken 11/5/2019. Ccityof 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): "'m 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: &-e-1 low__ I Address: LfGI 5' le/ oCo{(Q_ A,t-e._ Phone Number: 7 c; 0 d } ) 0 s a C: Address of Site: L/G I 5 JeJg_, \CO Pe, PROPERTY OWNER Name: d:,re1 l0 vic I Address: t.;<;;s Te1-e.s<o@?,, Al<, ~ ~ Pol {-c.clS'bc__d 0? 9:)olli? Phone Number: 7 ~O JI ) 0 SJ c; Local Agency (City and County): ..... C'""".__,<;;'-'-r--'-)_r-"£_c...-'-) __ {,"-'-A __ ~_,,J._oo_6 __________ _ Assessor's book, page, and parcel number: d()] · ) '? 5 · J. 0 ~ 00 Specify list(s): ____________________________ _ Regulatory Identification Number: ______________________ _ Date of List: 1 J /21 ho 17 7 7 L nt Signature/Date pe7f/ L~nalure/Dale 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 02/13 C 0 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://geotracker.waterboards.ca.gov/ 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 (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.gov/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 of 2 Revised 02/13 C'cicyof 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): D 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: MR, Co'3..f'.'( Lovg::, Address: Z.38G 1 V'-( "2.P. 0 C.2.Al--\5\r?~) CA, Phone Number: ( 7 6 a) 1-f 3 ... 0 5 ~~ PROPERTY OWNER :;::., M~·e:agiJt 1;~:~ Oe6'A:HS \'oe. CA Phone Number: Address of Site: __ 4~G_[ -5~_---+· l_.,,<2...,./~a.~~~~~-. __________ _ Local Agency (City and County):_....,C=-eA~g..'-=-'--'l.s=---l,7At)-~f _c ....... "~· _{_ ___ s_4_""---""D_•-"~-¾=o'-,,F"C_oo=~H-I ...... 'f--t-J Assessor's book, page, and parcel number: ___________________ _ 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 of 2 Revised 02/13 , ·~(Cicyof Carlsbad EIA INFORMATION FORM P-1{D) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form -Initial Study. P-1 (D) Page 1 of 4 Revised 07110 C 0 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: A~uST £,-\4-2.'3 l~ (To be completed by City) Application Number(s): p E. \J 2Q \ ~ , 0 153 General Information 1. Name of project: L c;VE. P,1;.s 1D,;t4<:t 2. Name of developer or project sponsor: _C....=.;o~g=-=e-+T-.... L ... o .... '1:w.=e.:.,__ ________ _ Address: _,._P.:....· o___;_ . .-5:._a-1,.x...:,..__., ...... '¾3=..a.{ _______________ _ City, State, Zip Code: C1tt,!.\SM,O, GA-fif. CJ2,00B Phone Number: ( 1,0) 2.(3 • 052.b 3. Name of person to be contacted concerning this project: c~\;.\I"'( LC'\le. 4. 5. 6. 7. 8. 9. Address: r .o. 1%,x 1,0 I City, State, Zip Code: C~\SSAD, CA. ,~ Phone Number: C 7,0) ZJ3. Of, 2. ~ Address of Project: 4Gl5 TEIEscq,e /t'Je., Uf,(s,Ml), 0.. · Assessor's Parcel Number: Z O 7 · 38 5 · 2.0 ·00 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: Existing General Plan Land Use Designation: RslDEIJT'LAI-/A,Cl{jc,(.j( furz.e, I ~ Existing zoning district: _...._R__,,_•_4_.:;... _________________ _ Existing land use(s): _ _____,V...,A"---'---C'--t>.._~_-_l _LP_'f~--------------- Proposed use of site (Project for which this form is filed): Co~Sf~~lPN Gf A St\filt FtM~L-+ lc£sc~r(Ce Project Description 10. 11. 12: 13. 14. P-1(0) Site size: 7. 865 )C, sq.fT. -----------''-'-------'------------- Proposed Building square footage: _2._,.:....:S~Z-""5-~_.S..:..'f-t--·.L.E....:T..:.._• ~tl ...... P0J..-"'~rvl...J~~Jz4{t:.=------- Number of floors of construction: _ _____;a=..:...N..:::.£:::...c.,4-( ...;.<N....;_:;§l2-:__._.LA...;.....JIIUS~=:..1:WIEN::,....._u::...::;t'-lf------ Amount of off-street parking provided: _ _,T.....,wc...;;_o ______________ _ Associated projects: ______ .....;No:........,.;;;'--'-N_e. _____________ _ Page 2 of 4 Revised 07/10 ,,. . 15. 16. 17. 18. 19. P-1(O) If residential, include the number of units and schedule of unit sizes: If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: _____________________ _ If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: Page 3 of4 Revised 07/10 C 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 Ill 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. □ □ □ □ □ □ □ 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: □ □ ~ iE I] lit! iJ 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 abi ·ty, and that the facts, statements, and information presented are true and correct to the best of my kno dge a d belief. Date: SEfT l41'4-1.0l~ ( P-1(D) Page4of4 Revised 07/10 .. . ... ~ a' ., ,, "• -~ 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 2-4 Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 ('cicyof Carlsbad. MINOR COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov P-6 A proposed project requiring application submittal must be submitted by appointment*. Please contact the appointment sp~cialist at (760) 602-2723 to schedule an appointment. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale .. (Use a scale no smaller than 1" = 40' .) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate. ⇒ New Residential Square Footage: J,,5"7L-squarefeetx$7t . .-/sq.ft.=$ 2ot?.~.~ ⇒ Residential Addition Square Footage: ____ __,;_squarefeetx$ ___ ....,/sq.ft.=$ _________ _ ⇒ Any Garage Square Footage: ______ square feet x $ ____ ./sq. ft.=$ _________ _ ⇒ Residential Conversion Square Footage: ______ square feet x $ ____ /sq. ft.=$ ________ _ ⇒ Please contact the City of Carlsbad Building Division for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) ______ square feet x $ __ /sq. ft. = $ __________ _ COST OF DEVELOPMENT ESTIMATE:$ ___________ _ B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) D 2. A Coastal Development Permit ($60,000 or more cost estimate)~ C. Street address of proposed development P-6 Page 1 of 7 Revised 08/19 C 0 D. Assessor's Parcel Number of proposed development )01 · 1i s~ Jo· OD E. Development Description: Briefly describe project:~h _ __,').~,_S_7_5 __ 5_o_J_"_fl.._(._oo.J __ s~;~1)~~'(_,"---'· ~-"'-1"')~·-·'1~- ~{,~ ', ~{,{\~ - F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: I ~bu> >;i fu.v-t.feR CV!,,.f)J. J.-J QA South: ~ East: ____________________________ _ West: ____ __._ ______________________ _ G. Is project located within a 100-year flood plain? 0Yes~No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? 0Yes~No If yes, please describe. B. Will any existing structure be removed/demolished? D Yes ti No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). Ill. LOT COVERAGE A. Existing and Proposed Existing ProQOSed Total Building Coverage ~ sq. ft. i cs,s sq. ft. "),,C,3,s sq. ft. n.J-% I Landscaped Area ~~ sq. ft. "',efJ sq. ft. "'{(J sq. ft. ] ll[O o/o Hardscape Area \ ~{) sq. ft. sq. ft. ~QC) sq. ft .. ~cc 'jo % Unimproved Area (Left Natural) ~sq.ft. sq. ft. Y,2UO sq. ft. t,\½'1o % P-6 Page 2 of7 Revised 08/19 P-6 B. Parking: Number of existing spaces ..,..J..,_:\-.... C_< .... t...,+ _______ _ Number of new spaces proposed .... r/ _____ _ Existing/Proposed TOTAL: _;I _______ _ Number of total spaces required ______ _ Number of covered spaces ---'--:J. ______ _ Number of uncovered spaces _______ _ Number of standard spaces Number of compact spaces Is tandem parking existing? Is tandem parking proposed? 0Yes#~No OYes#_~-□ No C. Grade Alteration: Is any grading proposed? B Yes D No If yes, please complete the following: 1. Amount of cut ___________________ cu. yds. 2. 3. 4. 5. Amount of fill ___________________ cu. yds. Maximum height of fill slope feet Maximum height of cut slope feet Amount of import or export cu. yds. 6. Location of borrow or disposal site ________________ _ Page 3 of 7 Revised 08/19 C 0 The following ma~erials shall be submitted for each single family residence/minor coastal development permit application. 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) 602-4610. I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together, then folded to 9" x 12" with lower right-hand corner of plan visible.) P-6 A. SITE PLAN -Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a Single Family Coastal Development Permit on 24" x 36" sheet(s). Five (5) copies if landscape review is required. Each site plan shall contain the following information: 1. GENERAL INFORMATION Oa. Name, address, and phone number of ,registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps/plans. Ob. Location, size and use of all easements. De. Dimensions and locations of: access, both pedestrian and vehicular, showing service areas and points on ingress and egress, off-street parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. Od. Distance between buildings and/or structures. De. Building setba,cks (front, rear and sides). Of. Location, height and materials of walls,and fences. Og. Dimensions/location of ground-mounted signs. Oh. Indicate locatiori and layout of Photovoltaic (PV) systems as required per Ordinance No. CS-34 7. Show locations for roof mounted and ground mounted systems and include power (KWdc) of each separate PV system. Di. Indicate location and layout of Electric Vehicle parking spaces/charging stations. Callout EV Charging Stations, EV Ready, EV Capable as required per CMC Title 18.21.120-150. Oj. Indicate method (PV-heat punip, solar) that satisfies hot water heating requirements per Ordinance No. CS-347. Ok. A summary table of the following (if applicable to the application): 0(1) Street address and assessor's parcel number. 0(2) Site acreage. 0(3) Existing Land Use Designation and Zoning. 0(4) Proposed land use. 0(5) Total building coverage (in square feet and as a percent). '- 0(6) Percent of site to be landscaped. 0(7) Number of parking spaces required/provided. 0(8) Square Footage of open or recreational space (if applicable). 0(9) Cubic footage of storage space (if applicable). 0(10) Climate Action Plan (CAP) Compliance (results from Section I1.D below) (a) Consistent with existing General Plan Land Use and Zoning -yes/no i. GHG Study required? -yes/no (b) Energy Efficiency requirement -yes/no (c) Photovoltaic requirement-yes/no i. ___ KW-de roof mounted ii. ___ KW-de ground mounted iii. ___ KW-de total project (d) Electric Vehicle Charging requirement yes/no i. ____ # EV Chargers ii. ____ # EV Ready iii. ____ # EV Capable (e) Hot Water Heating requirement yes/no (f) Traffic Demand Management Required yes/no Page 4 of? Revised 08/19 ,. - 01. All applicable Fire Suppression Zones as required by the City's Landscape Manual. B. GRADING AND DRAINAGE PLANS: Grading and drainage plans must be included with this application. In certain areas, an engineering geology report must also be included. Please consult the Planning Division and Land Development Engineering Division representatives for a determination on any grading plan geotechnical requirements if the project is in an overlay zone. The following information shall be submitted at a minimum: 01. Approximate contours at 1' intervals for slopes less than 5%; 2' intervals for slopes between 5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100-foot perimeter of the boundaries of the site. Extend contours sufficiently out from the site to adequately show the adjacent floodplain (if applicable). 02. Earthwork volumes: cut, fill, import and export. 03. Spot elevations at the corners of each pad. 04. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 05. Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision; show location and approximate size of any proposed detention/retention basins. 06. Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. ' C. BUILDING ELEVATIONS AND FLOOR PLANS -Four (4) copies for a Minor Coastal Development Permit and four (4) copies a Single Family Coastal Development Permit prepared on 24" x 36" sheet(s). Each building elevation and floor plan shall include the following information: 01. Location and size of storage areas. 02. All buildings, structures, wall and/or fences, signs and exterior lights. 03. Existing and proposed construction. 04. Provide documentation demonstrating compliance with City Council Policy 44 - Neighborhood Architectural Design Guidelines (if applicable). 05. Building Heights of all structures (top of roof and top of roof projections) D. CONCEPTUAL LANDSCAPE PLANS -Five (5) copies of the site plan shall be submitted if applicable. To determine if a landscape plan is required, consult Chapter 1-Applicability in the Landscape Manual. COLORED SITE PLAN AND ELEVATION PLAN-Not required with first submittal. It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) set of colored elevations to the Planning Division by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS DA. A completed Land Use Review Application Form. 0B. Completed Coastal Development Permit Application. DC. Environmental Impact Assessment Part 1 with Coastal Development Permits. Check with Planning staff regarding Minor Coastal Development Permits and Single Family Coastal Development Permits for any environmental review requirements. 0D. Climate Action Plan (CAP) Checklist -See form P-30 -Complete form to demonstrate project compliance with the CAP. Applicable measures identified in checklist must be incorporated into P-6 project design features and data incorporated into the Summary Table. · 1. If project meets employee ADT thresholds per checklist, include 2 (two) copies of a Transportation Demand Management (TOM) Plan with submittal. Refer to http://carlsbadca.gov/services/buildinq/tdm.asp for information, guidelines and templates. Page 5 of 7 Revised 08/19 C 0 OE. Disclosure Statement. OF. Two (2) copies of the Preliminary Title Report (current within the last six (6) months). OG. Completed "Project Description/Explanation" sheet. OH. Two copies of a completed and signed "Storm Water Standards Questionnaire" (form E-34). This form can be found on the City's website. (Distribute copy to Land Development Engineering). 01. If, when completing the Storm Water Standards Questionnaire, the project is subject to "Standard Project," requirements, submit a completed and signed "Standard Project Requirement Checklist" (form E-36) in accordance with the City BMP Design Manual per the City of Carlsbad Engineering Standards, latest version. OJ. If, when completing the Storm Water Standards Questionnaire, the project is defined as a "Priority Development Project," submit a preliminary Storm Water Quality Management Plan (SWQMP) prepared in accordance with the City BMP Design Manual per the City of Carlsbad Engineering Standards, latest version. Refer to the city's SWQMP template (form E-35). OK. Property Owner's List and Addressed Labels: Minor Coastal Development Permit -required with application submittal 1. A typewritten list of the names and. addresses of all property owners within a 300' radius of the subject property (including the applicant and/or owner), all occupants within a 100' radius of the , subject property, and any applicable Homeowners/Property Owners Association (HOA/POA). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2. Two (2) separate sets of mailing labels of the property owners within a 300' radius of the subject property, all occupants within a 100' radius and the applicable HOA/POA. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single- family residence, an apartment, suite or building number must be included on a separate line -DO NOT include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Sample labels are as follows: UNACCEPTABLE Occupant 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Occupant 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE OCCUPANT APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 ACCEPTABLE MRS. JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 3. 300' Radius Map: A map to scale not less than 1"=200' showing each lot within 300' of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale, of the map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. P-6 Page 6 of? Revised 08/19 Coastal Development Permit-Single-Family Residence/Appealable Area -When the application is tentatively scheduled to be heard by the decision-making body, the project planner will contact the applicant and advise him to submit the radius map, two sets of the property owners list and labels. The applicant shall be required to sign a statement certifying that the information provided represents the latest equalized assessment rolls from the San Diego County Assessor's Office. The project Will not go forward until this information is received. 1. A typewritten list of the names and addresses of all property owners within a 600' radius of the subject property (including the applicant and/or owner), all occupants within a 100' radius of the subject property, and the applicable Homeowners Association (HOA). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject property, all occupants within a 100' radius and the applicable HOA. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single-family residence, an apartment, suite or building number must be included on a separate line. DO NOT include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Arial 10, Enterprise TM or Courier NEW (TT) no larger than 11 pt. Sample labels are as follows: UNACCEPTABLE Occupant 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith - 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Occupant 123 Magnolia Ave. Apt#3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE OCCUPANT APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 ACCEPTABLE MRS .. JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 3. 600' Radius Map: A map to scale not less than 1 "=200' showing each lot within 600' of exterior · boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. P-6 Page 7 of7 Revised 08/19 C c icyof Carlsbad PURPOSE CLIMATE ACTION PLAN . CONSISTENCY CHECK~IST P-30 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that are subject to discretionary review or require a building permit. · APPLICATION SUBMITTAL REQUIREMENTS A The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances. A If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. A The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. A Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Projects-found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric tons of CO2 equivalent (MTC02e) GHG will be subject to a project- specific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. Checklist Item (Check the appropriate box and provide an explanation and supporting documentation for your answer) A Is the proposed project consistent v.ith the existing General Plan land use and specifidmaster plan or zoning designations? OR, If the proposed project is not consistent v.ith the existing land use plan and zoning designations, does the project indude a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project when compared to the existing designations? Yes No □ If ''Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance Vvith the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan .. lf"No", proceed to Question 8. 8. The CAP established a screening threshold of 900 MTCOie/year for new development projects to assist in determining consistency v.ith the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. 'MIi the proposed land use change result in the construction of less than any one of the follov.ing? • Single-Family Housing: 50 dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square f~et • Retail Store: 11,000 square feet • Grocery Store: 6,300 square feet • Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine whether it is below the 900 MTCOie/year screening threshold. If "Yes", proceed to Step 2 of the checklist. □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance Vvith CEQA. Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance v.ith California Environmental Quality Act Guidelines Section 15091 . Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 7 Revised 04/19 .. • • City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. Project No./Name: Property Address/APN: Applicant Name/Co.: Applicant Address: Contact Phone: Contact information of person completing this checklist (if different than above): Name: Contact Phone: Company name/address: .300 CAEls~AD VUIAve ContactEmail: 11: f'.28 CmSBM , CA • ,;;;~ Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carl sbadca.gov. Estimated Building Permit Valuation (BPV): $ 2Cl0 occ - New construction I 2A, 3A and 4A □ Alterations: •. □ BPV :e:: $60,000 1A All residential alterations □ BPV::: $60,000 1A and 4A 1-2 family dwellings and townhouses with attached garages □ Electrical service panel upgrade 4A only Multi-family dwellings only where interior finishes are removed □ BPV :e:: $200,000 1A and 4A and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed D Nonresidential ~ New construction I1B, 2B, 3B, 4B and 5 □ Alterations: P-30 Page 3 of 7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist !Ir BPV;::: $200,000 or additions;::: 1,000 18, 5 square feet D BPV;::: $1,000,000 18, 28 and 5 Building alterations of;::: 75% existing gross floor area 0 ;::: 2,000 sq. ft. new roof addition 28 and 5 1 B also applies if BPV;::: $200,000 Please refer to Carlsbad Ordinance No. CS-347 and the California Green Building Standards Code (CALGreen) for more information 'Nhen completing this section. A D Residential addition or alteration 2!: $60,000 building pennit valuation. □ NIA. _________ _ See Ord. CS-347, Section 8. □ Exception: Home energy score ~ 7 a a ce ca on (Itch rtifi ti) ~ Year Built Single-family Requirements Multi-family Requirements □ Before 1978 -Select one: N/A □ Duct sealing · □ Attic insulation □ Coolroof □ Attic insulation Select one: tr □ 1978 and later □ Lighting package □ Water heating package ' / □ Between 1978 and 1990 Select one: ., □ Attic insulation □ Duct Sealing □ Cool roof □ 1991 and later Select one: □ Lighting package □ Water heating package B. D Nonresidential* new construction or alterations 2!: $200,000 building pennit valuation, or additions 2!: 1,000 square feel □ NIA See CALGreen Appendix A5, Discussion A5.2, as amended in CS-347, Section 3. A5.203.1.1.1 □ Outdoor lighting: .90 Allowed Outdoor Lighting Power □ NIA A5.203.1.1.2 □ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended) □ NIA AS.203.1.2.1 Choose one as applicable: □ .95 Energy budget □ .90 Energy budget □ NIA AS.211 .1.** □ On-stte renewable energy □ NIA A5.211.3** □ Green power Of offered by local utility provider, 50% minimum renewable sources) □ NIA A5.212.1 □ Elevators and escalators □ NIA / .21 .1 A5 3 )( □ Steel framing □ NIA P-30 Page 4 of 7 Revised 04/19 .. City of Carlsbad Climate Action Plan Consistency Checklist * lndudes hotels/motels and high-rise residential buildings ** For alterations ~ $1,000,000 BPV and affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California Energy Code section 120.10 instead. 2. Photovoltaic Systems A. D Residential new construction (for building pennit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.1(c) 14 for requirements. Note: if project includes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-348, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calculated kWdc* she_;ts if nrcessary) fj e d ~-' SJCJ (fj(J () -ff J-. JW flOfltl f,,., . • ✓ 1 >-I I OC)fJ ltt'oO ~/_ f< ,·;c_J,-{,J CJ 70 ;<:lo~h Total System Size: ):31 ;:fj (5 r-~ kWdc kWdc = (CF Ax.572) / 1,000 + (1 .15 x #d.u.) *Formula calculation where CFA = conditional floor area, #du = number ofd~llings per plan type If proposed system size is less than calculated size, please explain. Exception □ D D D 8. D Nonresidential new construction or alterations ~$1,000,000 BPV and affecting ~75% existing floor area, or addition that increases roof area by ~2,000 square feet Please refer to Carlsbad Ordinance CS-347, Section 6 when ·completing this section. Choose one of the following methods: □ Gross Floor Area (GFA) Method GFA: □ If< 1 O,OOOs.f. Enter: 5 kWdc Min. System Size: □If ;;,: 10,000s.f. calculate: 15 kWdc x (GFA/10,000) ** ___ kWdc **Round building size factor to nearest tenth, and round system size to nearest whole number. □ Time-Dependent Valuation Method Annual TDV Energy use:*** _____ _ x .80= Min. system size: ____ _ kWdc ***Attach calculation documentation using modeling software approved by the California Energy Commission. P-30 Page 5 of7 Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist 3. Water Heating A D Residential and hotel/motel new construction Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section. □ For systems serving individual dwelling units choose one: ~ Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) □ Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise residential hotel/motel) or 150.1 (c) 14 (for low-rise residential) □ Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification □ Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors □ Exception: □ For systems serving multiple dwelling units, install a central water-heating system with all of the following: □ Gas or propane water heating system □ Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential) □ Sdlar water heating system that is either: □ .60 solar savings fraction or 40 s.f. solar collectors □ .40 solar savings fraction, plus drain water heat recovery □ Exception: B. D Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. □ Water heating system derives at least 40% of its energy from one of the following (attach documentation): □ Solar-thermal □ Photovoltaics □ Recovered energy □ Water heating system is (choose one): □ Heat pump-water heater □ Electric resistance water heater(s) □ Solar water heating system with .40 solar savings fraction □ Exception: 4. Electric Vehicle Char in A Residential New construction and major alterations* Please refer to Carlsbad Ordinance CS-349 when completing this section. 'E"! One and two-family residential dwelling or townhouse with attached garage: □ One EVSE ready parking space required □ Exception : G □ Multi-family residential · □ Exception · Total Parking Spaces EVSE Spaces Proposed Capable I Ready I d. I I Calculations: Total EVSE spaces = .10 x Total parking (rounded up to nearest whole number) EVSE Installed = Total EVSE Spaces x .50 (rounded up to nearest whole number) EVSE other= Total EVSE spaces -EVSE Installed (EVSE other may be "Capable," "Ready" or "Installed.') P-30 Page 6 of 7 Installed I Total I Revised 04/19 City of Carlsbad Climate Action Plan Consistency Checklist *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation ;:;> $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit valuation;:;> $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. B D Nonresidential new construction (includes hotels/motels) □ Exception · Total Parking Spaces EVSE Spaces Proposed Capable Ready Installed Total Calculation: Refer to the table below: Total Number of Parking Spaces provided Number of required EV Spaces Number of required EVSE Installed Spaces □ 0-9 1 1 □ 10-25 • 2 1 □ 26-50 ., r r ,4 2 □ 51-75 l'-.1/1::»-3 □ 76-100 I I 9 5 □ 101-150 12 6 □ 151-200 17 9 □ 201 and over 10 percent of total 50 percent of Required EV Spaces 5. D Transportation Demand Management (TDM) A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee ADT/1,000 square feet is selected from the City of Carlsbad Employee ADT Table. Use GFA Employee ADT/1,000 S.F. Total Employee ADT , t:4-IL I Total If total employee ADT is greater than or equal to 110 employee ADT, a TOM plan is required. *NOTE: Notv.1thstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P .11 requires new development that adds vehide traffic to vehide LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult INith City of Carlsbad Land Development Engineering (LOE) staff to detennine whether this policy applies to your project. TOM plan required: Yes D No D LOE StaffVerification: · □. ______ (staff initials) P-30 Page 7 of7 Revised 04/19 ( City of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 I 1NSTRUCTION$: 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 (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). 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 PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. 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 completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. ~------· ~ PROJECT INFORMATION ·r.---, __ -.---· l!J" ----.· ' -·-.. PROJECT NAME: LOVE RESIDENCE PROJECT ID: ADDRESS: 4615 Telescope Avenue, Carlsbad, CA 92008 APN : 207-385-20 The project is (check one): D New Development Ill Redevelopment The total proposed disturbed area is: 6,192 ft2 ( 0.142 ) acres The total proposed newly created and/or replaced impervious area is: 3,509 ft2(0.081 ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID SWQMP#: Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 REV 02/16 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question: Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? YES NO □ Ill If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e .g. the project includes only interior remodels within an existing building): •STEP~ D FOR ALL D To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; b) Designed and constructed to be hydraulically disconnected from paved streets or roads; c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets uidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? YES NO □ □ Ill □ Ill If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP ... "and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): E-34 Page 2 of 4 REV 02/16 ~--·:·::;-;r~r=!::":"' :::-:-· '.::_~~:--.--::::.-. -:--:.--·;: .,---:-..=:::.'.7::":" ... : ~ ~,;.;,;:-... "'-.~-i<,.~( .. 1!.:l~!";.r~'i'.~l~ii~~i!-li:f!"1}r<'!t{i~1::{•,r,·-1:., ;? ·: · r-,vi_~· · ··-1 •1 l 1:' \' I ~ '• / ! . ' ,.. 1 To determine if your project is a PDP , please answer the following questions (MS4 Permit Provision E.3.b.(1)): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ Ill and public development projects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ Ill more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ Ill refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside □ Ill development project includes development on any natural slope that is twenty-five percent or greater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ Ill a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a street, road, highway □ Ill freeway or driveway? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of □ Ill 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not comminqled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ Ill shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ Ill RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per dav. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ Ill and are expected to generate pollutants post construction? 11 . Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ Ill 21 .203.040) If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box stating "My project is a 'STANDARD PROJECT' ... " and complete aoolicant information. E-34 Page 3 of 4 REV 02/16 STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONL'i Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = sq . ft. □ □ Total proposed newly created or replaced impervious area (B) = sq. ft. Percent impervious area created or replaced (B/A)*100 = % If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BM P's required for PDP apply to the entire development. Go to step 5, check the check the first box stating "My project is a PDP ... " and complete aoolicant information. "STEP 5 -. . CHECK THE APPROPRIATE BOX AND·COMPL.ETE APPl,:ICA~T INf.iORMATION D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. ll] My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: COREY LOVE Applicant Title: Applicant Signature: Date: * Environmentally Sens1t1ve Areas include but are not limited to all Clean Water Act Section 303(d) 1mpa1red water bodies; areas designated as Areas of Special 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; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. IS x or ,tv se nrv Th" Bo fi c· U O I YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 02/16 (_ City of Carlsbad .. ... ··---" Project Name: LOVE RESIDENCE Project ID: DWG No. or Building Permit No.: -! , ... - ·,-"" . ·• STANDARD PROJECT REQUIREMENT CHECKLIST E-36 .. , Project Information .•. .---" Source Control BMPs .. .. -· - Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov ... , .. -__ .,.. ·,,,. .r .. -~-.. _ .. , ..,,, .. .,,_ - All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible. See Chapter 4 and Appendix E.1 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement source control BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the Model BMP Design Manual. Discussion/justification is not required. • "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be provided. Source Control Requirement ... ,. .,, " Applied? -· ··-I SC-1 Prevention of Illicit Discharges into the MS4 ~ Yes I 0 No I □ N/A Discussion/justification if SC-1 not implemented: SC-2 Storm Drain Stenciling or Signage ~ Yes I 0 No I □ N/A Discussion/justification if SC-2 not implemented: SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind ~ Yes I □ No I □ N/A Dispersal Discussion/justification if SC-3 not implemented: E-36 Page 1 of 4 Revised 09/16 Source Control Reaulrement (cQntlnued) J, .. Aoolled? SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On, Runoff, and Iii Yes 0 No 0 N/A Wind Dispersal Discussion/justification if SC-4 not implemented: SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal Iii Yes D No D N/A Discussion/justification if SC-5 not implemented: SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and identify additional BMPs. (See Table in Appendix E.1 of BMP Manual for guidance). □ On-site storm drain inlets D Yes 0 No Iii N/A □ Interior floor drains and elevator shaft sump pumps D Yes D No Iii N/A D Interior parking garages D Yes D No Iii N/A D Need for future indoor & structural pest control Iii Yes 0 No 0 N/A D Landscape/Outdoor Pesticide Use Iii Yes 0 No 0 N/A D Pools, spas, ponds, decorative fountains, and other water features D Yes 0 No Iii N/A D Food service D Yes D No Iii N/A D Refuse areas Iii Yes 0 No 0 N/A □ Industrial processes D Yes D No Iii N/A D Outdoor storage of equipment or materials D Yes D No Iii N/A □ Vehicle and Equipment Cleaning D Yes 0 No Iii N/A D Vehicle/Equipment Repair and Maintenance D Yes D No Iii N/A D Fuel Dispensing Areas D Yes D No Iii N/A D Loading Docks D Yes D No Iii N/A D Fire Sprinkler Test Water Iii Yes 0 No 0 N/A D Miscellaneous Drain or Wash Water D Yes 0 No Iii N/A D Plazas, sidewalks, and oarkinq lots D Yes D No Iii N/A For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers. E-36 Page 2 of 4 Revised 09/16 ,_ .. ·*' Site Design BMPs All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement site design BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of the Model BMP Design Manual. Discussion / justification is not required. • "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMPs is not applicable at the project site because the project does not include the feature that is addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be provided. Site Design Requirement -.. .-·--,, I Applied? -,. -~ ..., ..,..,I!"'~- SD-1 Maintain Natural Drainage Pathways and Hydrologic Features I ~ Yes I □ No I □ N/A Discussion/justification if SD-1 not implemented: SD-2 Conserve Natural Areas, Soils, and Vegetation I ~ Yes I □ No I □ N/A Discussion/justification if SD-2 not implemented: SD-3 Minimize Impervious Area I ~ Yes I □ No I □ N/A Discussion/justification if SD-3 not implemented: SD-4 Minimize Soil Compaction I ~ Yes I □ No I □ N/A Discussion/justification if SD-4 not implemented: SD-5 Impervious Area Dispersion I ~ Yes I □ No I □ N/A Discussion/justification if SD-5 not implemented: E-36 Page 3 of 4 Revised 09/16 Site Deslan Reauirement (continued) .,.,~, ,,,.,~. I Aoolled? -' SD-6 Runoff Collection I ~ Yes I D No ID N/A Discussion/justification if SD-6 not implemented: SD-7 LandscapinQ with Native or DrouQht Tolerant Species I ~ Yes I D No I D N/A Discussion/justification if SD-7 not implemented: SD-8 HarvestinQ and UsinQ Precipitation I D Yes I D No I~ N/A Discussion/justification if SD-8 not implemented: E-36 Page 4 of 4 Revised 09/16 CHICAGO TITLE. Chicago Title -IE Title Officer: Dawn Allen Prelim Title Report Title Officer: Email: Title No.: 7101914564 Property Address : Introducing CI-IICAGO TITLE PreVIEW CHICAGO TITLE Powered by LiveLOOK LiveLOOK title document delivery system is designed to provide 24/7 real-time access to all information related to a title insurance transaction. Access title reports, exception documents, an easy-to-use summary page, and more, at your fingertips and your convenience. To view your new Chicago Title PreVIEW powered by LiveLOOK report. e:em&Zff'fliftt11fm~ C && itt! t '' =· ' i ;e trtt-tW ll:ZIII Click Here Effortless, Efficient, Compliant, and Accessible RECEIVED FEB 1 3 2020 CITY OF CARLSBAD PLA.NNING DIVISION CONDITION OF TITLE Guarantee Number: Issued By: CHICAGO TITLE INSURANCE COMPANY 7101914564 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE, CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A of this Guarantee against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A. Chicago Title Company 560 E. Hospitality Lane San Bernardino, CA 92408 Countersigned By: Authorized Officer or Agent Condition ofTitle Guarantee CLTA Guarantee Form No. 28 (06/05/2014) Chicago Title Insurance Company By: Attest: President Secretary Printed: 10.23.1 9@ 08:13 AM CA-CT-FWIN-02180.055713-SPS-1-19-7101914564 CHICAGO TITLE INSURANCE COMPANY ISSUING OFFICE: Title Officer: Dawn Allen Chicago Title Company 560 E. Hospitality Lane San Bernardino, CA 92408 Phone: (909)384-7867 Fax: (800)508-6710 Main Phone: (800)722-0824 Email: teamdawn@ctt.com SCHEDULE A Amount of Liability Fee $5,000.00 $500.00 Date of Guarantee: October 17, 2019 at 07:30 AM 1. Name of Assured: Hope Fluegge 2. The estate or interest in the Land which is covered by this Guarantee is: A Fee as to Parcel(s) 1 Easement(s) more fully described below as to Parcel(s) 2 3. The Land referred to in this Guarantee is described as follows: For APN/Parcel ID(s): 207-385-20-00 Parcel 1: GUARANTEE NO. 7101914564 Title Officer Dawn Allen Lot 6 Of Carlsbad Tract No. 82-5A, In The City Of Carlsbad, County Of San Diego, State Of California, According To Map There Of No. 10925, In The Office Of The County Recorder Of Said County. Parcel 2: A Non-Exclusive Easement On And Over The "Common Area" As Defined In The Declaration Of Covenants, Conditions And Restrictions To Which Reference Is Hereafter Made, For Access, Use, Occupancy, Enjoyment, Ingress And Egress Of The Amenities Located Thereon, Subject To The Terms And Provisions Of Said Declaration Of Covenants, Conditions And Restrictions. This Easement Is Appurtenant To Parcel 1 Above Described. The Common Area Is For The Use Of Owners Of Lots Which Are Subject To Said Declaration Of Covenants, Conditions And Restrictions And Is Not For The Use Of The General Public. 4. ASSURANCES: According to the Public Records as of the Date of Guarantee, a. Title to the estate or interest in the Land is vested in: Corey Love and Hope Love, husband and wife as community property b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not necessarily shown in the order of their priority. Condition of Title Guarantee CLTA Guarantee Form No. 28 (06/05/2014) END OF SCHEDULE A Printed: 10.23.19@08:12 AM CA-CT-FWIN-02180.055713-SPS-1-19-7101914564 CHICAGO TITLE INSURANCE COMPANY Condition of Title Guarantee CLTA Guarantee Form No. 28 (06/05/2014) SCHEDULE A (continued) GUARANTEE NO. 7101914564 Printed: 10.23.19@08:12 AM CA-CT-FWIN-02180.055713-SPS-1-19-7101914564 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 7101914564 SCHEDULE B A. OWNERSHIP OF THE INTEREST IS IN THE NAME OF: Corey Love and Hope Love, husband and wife as community property B. REAL ESTATE TAXES: 1. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: Penalty: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 207-385-20-00 2019-2020 $562.83, unpaid $56.28 (Due after December 10) $562.83, unpaid $66.28 (Due after April 10) $0.00 09000 2. Supplemental taxes, including any personal property taxes and any assessments collected with taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: Penalty: Delinquent: 2nd Installment: Penalty: Delinquent: Code Area: Supplemental Bill No.: 207-385-20-00 2019 $1,497.11, unpaid $149.71 December 10, 2019 $1,497.11, unpaid $159.71 April 10, 2020 09000 889-469-39-69 3. Supplemental taxes, including any personal property taxes and any assessments collected with taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: Penalty: Delinquent: 2nd Installment: Penalty: Delinquent: Code Area: Supplemental Bill No.: 207-385-20-00 2019 $633.06, unpaid $63.30 December 10, 2019 $633.06, unpaid $73.30 April 10, 2020 09000 889-469-39-78 4. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. Condition of Title Guarantee CLTA Guarantee Form No. 28 (06/05/2014) Printed: 10.23.19 @ 08: 12 AM CA-CT-FWIN-02180.055713-SPS-1-19-7101914564 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 7101914564 SCHEDULE B (continued) C. THE FOLLOWING DEFECTS, LIENS AND ENCUMBRANCES (WHICH ARE NOT NECESSARILY SHOWN IN THEIR ORDER OF PRIORITY) AGAINST THE INTEREST: 1. 2. Water rights, claims or title to water, whether or not disclosed by the public records. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: December 10, 1951 Recording No: Book 4316, Page 166, of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or trust deed made in good faith and for value. 3. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Purpose: Pipelines Recording Date: May 14, 1954 '-'R=e-=-co=r-=d=in""g'--'N""'"'o""'._,._: ----=-63=5=7-'-7, Book 5238, Page 180, of Official Records Affects: Said land 4. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose: Public utlities Affects: the Easterly 5 feet abutting street 5. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: May 31, 1984 Recording No: 84-204443, of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or trust deed made in good faith and for value. Condition of Title Guarantee CLTA Guarantee Form No. 28 (06/05/2014) Printed: 10.23.19@ 08:12 AM CA-CT -FWIN-02180 .055713-SPS-1-19-7101914564 ,,,....._ CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) GUARANTEE NO. 7101914564 The provisions of said covenants, conditions and restrictions were extended to include the herein described Land by an instrument Recording Date: July 13, 1984 Recording No.: 84-265214, of Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: December 18, 1995 Recording No.: 95-574842, of Official Records 6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: Affects: San Diego Gas and Electric Company Public utilities, ingress and Egress June 19, 1984 84-229217, of Official Records Said land 7. Matters contained in that certain document Entitled: Recording Date: Recording No.: A Common maintenance area easement March 25, 1985 85-98784, of Official Records Reference is hereby made to said document for full particulars. 8. The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves the right to require further evidence to confirm that the property is unencumbered, and further reserves the right to make additional requirements or add additional items or exceptions upon receipt of the requested evidence. 9. Due to the special requirements of SB 50 (California Public Resources Code Section 8560 et seq.), any transaction that includes the conveyance of title by an agency of the United States must be approved in advance by the Company's State Counsel, Regional Counsel, or one of their designees. 10. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (OTT) Affidavit may be required to be completed and submitted with each document when OTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. OTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 11. The Company is required by Federal law to collect additional information about certain transactions in specified geographic areas in accordance with the Bank Secrecy Act. If this transaction is required to be reported under a Geographic Targeting Order issued by FinCEN, the Company must be supplied with a completed ALT A Information Collection Form ("ICF") prior to insuring the transaction contemplated herein. Condition of Title Guarantee CLTA Guarantee Form No. 28 (06/05/2014) Printed: 10.23.19@08:12 AM CA-CT-FWIN-02180 .055713-SPS-1-19-7101914564 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) GUARANTEE NO. 7101914564 12. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. D. THE FOLLOWING MATTERS ARE DISCLOSED BY NAME ONLY AND THE COMPANY, WITHOUT ADDITIONAL INFORMATION, IS UNABLE TO DETERMINE WHETHER ANY OR ALL OF THESE MATTERS ARE DEFECTS, LIENS OR ENCUMBRANCES AGAINST THE INTEREST: None Condition of Title Guarantee CLTA Guarantee Form No. 28 (06/05/2014) END OF SCHEDULE B Printed: 10.23.19@08:12AM CA-CT-FWIN-02180 .055713-SPS-1-19-7101914564 CHICAGO TITLE INSURANCE COMPANY Condition of Title Guarantee CLTA Guarantee Form No. 28 (06/05/2014) GUARANTEE NO. 7101914564 Printed: 10.23.19@08:13AM CA-CT-FWIN-02180.055713-SPS-1-19-7101914564 CHICAGO TITLE INSURANCE COMPANY Condition of Title Guarantee CL TA Guarantee Form No. 28 (06/05/2014) GUARANTEE NO. 7101914564 Printed: 10.23.19@08:13 AM CA-CT-FWIN-02180.055713-SPS-1-19-7101914564 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 7101914564 EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the Land. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured. (c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records. (d) The identity of any party shown or referred to in any of the schedules of this Guarantee. (e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records. (g) (1) Un patented mining claims: (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof: (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the Public Records. GUARANTEE CONDITIONS 1. DEFINITION OF TERMS The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in Schedule A, or on a supplemental writing executed by the Company. (b) "Land": the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "Land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "Date of Guarantee": the Date of Guarantee set forth in Schedule A. (f) "Amount of Liability": the Amount of Liability as stated in Schedule A. 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED The Assured shall notify the Company promptly in writing in case knowledge shall come to the Assured of any assertion of facts, or claim of title or interest that is contrary to the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of the Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. NO DUTY TO DEFEND OR PROSECUTE The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED TO COOPERATE Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in Paragraph 4 (b), or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4 (a) the Company shall have the right to select counsel of its choice (subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. Condition of Title Guarantee CLTA Guarantee Form No. 28 (06/05/2014) Printed: 10.23.19 @ 08: 13 AM CA-CT-FWIN-02180.055713-SPS-1-19-7101914564 ,......_ CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 7101914564 (continued) 5. PROOF OF LOSS OR DAMAGE (a) In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To pay or tender payment of the Amount of Liability together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. (b) To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay; or (c) To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of this paragraph the Company's obligations to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, including any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7. LIMITATION OF LIABILITY (a) This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of this Guarantee. (b) If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien, or encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (c) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. (d) The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 8. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto. 9. PAYMENT OF LOSS (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be payable within thirty (30) days thereafter. 10. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company 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 the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. Condition of Title Guarantee CL TA Guarantee Form No. 28 (06/05/2014) Printed: 10.23.19@08:13AM CA-CT-FWIN-02180.055713-SPS-1-19-7101914564 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 7101914564 (continued) 11. ARBITRATION Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arbitrable matters when the amount of liability is Two Million And No/100 Dollars ($2,000,000) or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of Two Million And No/100 Dollars ($2,000,000) shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 12. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. SEVERABILITY In the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 14. CHOICE OF LAW; FORUM (a) Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 15. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at: Chicago Title Insurance Company P.O. Box45023 Jacksonville, FL 32232-5023 Attn: Claims Department Condition of Title Guarantee CLTA Guarantee Form No. 28 (06/05/2014) END OF CONDITIONS Printed: 10.23.19 @ 08: 13 AM CA-CT-FWIN-02180.055713-SPS-1-19-7101914564 This is neither a plat nor a survey. Chicago Tille Company makes no representation nor are we assuring any party as to the exact location of easements burdening the land shown hereon. This map is being furnished as a convenience to show the approximate location of said easements only and Chicago Tille Company assumes no liability by reason of reliance hereon. Should precise location of said easements be required, it is advised that parties contact a licensed surveyor direct. ~·--40' 1~80 N -. r~ ""li. Line Bearing Distance w-¢-• 0 40ft I N03°30'12'E 10.00' ~'"" I I '..¾ 0 2Sm Curve Delta Angle Rad.ius Arc :g ~ ~ ffe s "' Title Exceptions I 10°13'30" 325.00 /VJ~•,r;,,8"\\, l()t;,/16, I i1em#6 5' ' cu -I > Lot 6 11:c I ~ I (1.) item#8 s·--J I ' ~ -I u I I: (;'J ' (1.) -I (1.) S86"29'4S'E 100.00' 25' ,~ Note The location of Parcel 2 of the legal description cannot be determined. 58.00 5. An easement for pipelines recorded May 14, 1954 as inst. # 63577 in Book 5238 Page 180 of Official Records. The exact location of said easement is not disclosed of records. C -=i 6. An easement for public utilities as shown or as offered for dedication on Map No. 10925. r ~ 8. An easement for public utilities, ingress and egress recorded June 19, 1984 as inst.# 229217 [__ __J of Official Records. ~2018 9. An easement for common maintenance area recorded Mar. 25, 1985 as inst.# 98784 of Official Records. Said easement does not affect Parcel I but might affect Parcel 2. Title Order No. 7101817000, Prelim. Report dated as of 12/5/2018 issued by the Inland Metro Market Center, San Bernardino, Ca. Chicago Title Company Reference: 207-385-20-00 Regarding: Vacant Land-Telescope Avenue, Carlsbad, Ca. Drawing Date: 12/12/2018 Designed By: Steve Howes Data: Map No. 10925 Drawing Showing Easements Affecting Lot 6 of Carlsbad Tract No. 82-5A, in the City of Carlsbad, County of San Diego, State of California, according to map there of No. 10925, in the office of the County Recorder of said county. s Sheet 1 of 1 Archive# 01817000 \ , ' I Ordt:-r i'101817000 Doc CASAt~D 5238-00160 ....... t ___ .......... -... Tt:IJ A.GR:t~:t~T, iaadt aad 1n•~tr1d 1n\o t.h11 ~ . :;i_ da1 ot :.,arcl• 195~1 la7 aad b•ttt•• AU.All o. ULL.T ancl JtA1'1! .l!Itt:>1. lLLL.Y, hUlblllld and wire, htr.1naf't.ff d111cnat.1d al "1'1re\ Party•, md 1,, ~-C.&?JJ:OM. a 1111&11 inan, ,and I\U!L CCU ud MAODAl.UA &CKI, hualt•cl ud wile, hertinatt.11• aollt0th1l1 d111pat.t4 11 •se•on• PU'IY", W 1 T N I a O S T tit , . 111•.nt ad wat•r plpellnt wUch now oro1111 oenaia land• of 1irst ,arty located 1D th• ~,naho Agua fftdionda ln.~• CoWI.S1 ot su ns.e;i:o, eut• of ::altronla, •• per T'ertition ~.ap tbertoi Nuber tQ en t'llt 1A tba ,rn .. ot tht lttttrdtl' ot add SIil OitJ' r.0~11\J, Hid I lltr.HHl\ and r1cht c,t •1 b1in11 d1atrita1cl in I Hrllin C,&11 '- W, o. C&11nc•n r,oordt4 r,bruary 17, 19SI h, !Sook 4Jft, of Ottichl Ht1oorcl1 ot S•n Dhgo cou,,, caur,nta, ,, 1•.,· 532J ILl\d ~.m.a;-:As, in conaid.r•\1on ot ,he arutla~ et aaid uaelf44lnt. ~, ,1,.,, hny, tosethtr w1,11 \be rS&b\ 10 , aona\naot, w1\1P ~lp1ltu thtHia, ,trt\ Pan, fNtiN troa w. o •. cannon, 001 or tbt s,eoad Par11e1 her,,,, lht rlcht ,o hkt )0 aore•fttl of w1u• 11111 annwa .h-o• 1114 pipeline 01• to Nod n rrea aaid c,nn .. • aone, P•JMa• • 1 • Page 1 of 7 Requested 8y CTISBRNA P11nterJ 12/10/2018 2 55 PM ' '' ' Order· /101817000 Doc CASAlsO 5238,00180 •••h yeU' in ll•u thereof, all•• 11t. rort.b ta a oenaln Aue••nt 1nt1r1d 1nto bttVllll Allu o. 11117 and v. D, cannon dated Q,,-,.,t..,,." 1--:'r,,._I~ If., I 'l.s I I ud (; j • ·,;Ht:1l:AJ 1 S•cor.d l'art.1 11 now doil'Ou■ or ob\a1n- 1n1 a nn •••••nt and layiaa aa.o,-•r water pipe11•• · tbroua;b• ovtr and Hl'OH a ~rt.ion ot '11•, l'an1•• lnd•t 'ffllth llld ···••n\ ,. ,. bt ov1r and •1••· I fttw ... oU\U' ro1&1e t.o -• dul11attd •• 11111\14, ,, a,toad ,.,,, • uid route 'oein1 1••rall7 dtHrlHCl •• J'oll•wln1 t.he exla\iD& piptl:LD• or p1pel1n• ,u .. •t. ti-oa it,1 prHn\ i:,otn\ or ent.r, 111t.o Fint. ru,y• • laad1 c•n th• •••t•r11 lint thereot to a point. to bt d11lp1\1d,b7 3eoent rw,, 1n 1atd 1xi1tl•1 water pipe•• pipel1n• ••---'• whlu.. petnt t,, 1d3aoent to the btidp at the point or· tnt_.. 11t\lo11(~t \ht C~rllbad • !Ian Mart•• ,0111 11\d \ht ••••. tlo'f u..U ot \h•~· ~-· Medton~• Crffkl \htlllll '"'"••1r and we1tir11 thr, ch r1r1t rar,y•1 ntd :L••• aloac •• 1ou\h1i-lv eid• o Agua HediOAd.a · Cfltk an,i Ap.a Hedloa4- Laioon t~ the .. l,herly lin• of Flrat rart.1'• uid luda1 and . t ii . t , I I ~1}·;tlJfAL. ::::-,cond Pany 11 turt.bw duinu1 of · . rurch111n1 ans acqu1r1n1 tra• rt.ra, Panp \he r1p, of \he rtr,, Party to take the ■aid 10 aare•t••t ot vat,, P•• annu• rroia :,Htn4 1•1r11•• 1•rt1u11, t1h\hC .. ,., ,,,,ua, toc1th1r wlth Fir1t Party•• right to r•••l•• a money,,,. ~•nt ••ch year in l1•u tbereoti ... Page 2 of 7 Requested Bv CTISBR!sA Printed: 121!012018 2 55 PM · !DO?( 5238 'AGl 182 Order 71018~,7000 Doc CASl\!,D 523e-oo,so prt11it11, h williDS to 1ru\ 10 ,acb ••t \llt s,eoa,.,arth1, ,,, to wit.1 w. o. Cannon and ra\&l t1k1 altll •olhtP 11"111\ .. b•r•l••h•r d••icnated by Seeon4 P•r\1 1 \be ■ff•• r•l....,.d t.e rlp\ or we7 tor ,aid ntw wa\tr p1ptlial er Un•a • 11.'llEREMl, Firat l'art7 it will:L•g tq 11ll. and rellnquiah to v. o. Cannon any and all tbl1pt1on lo t'unhb Firat ?'arty t.ht 111d JO ure-t11tl of wat.ta-Nth 1Hr or '° uke money per••' tro• ••1•1 Ca.anon i• U.w thtr .. t, t(Q'4, 'X'HERF".ll't.RE, IT 1:J Hna:ar .AOlllll) •• tollowet Fir1t Party h•r•-1 &1••• and gral• \o Steencl hr\7 t.h• 1Med1at• ri&ht t.o entll' \lPOll bl• 1ud lad• tor \ha ~• of oenatruttiftl ul4 n•llf wa,v pS peU.H· or linta aoro11 J'ir■t Part1•• lode, t,,p\h• wi\b ,ht r11ht to oonat.ruet and lay wch pipeUut, \ht Nici pipe. lint or lint• 11n1rally to tollow a r•1,a dt1lp1t•• aad atlected by 3toond rarty u htN1nabOYll l'tfffNd Wt \bat. :;.,oond rarty will proqeed to baM a ftl:"'feJ ud• of HU p1ptl1n• 1n th11 pu•cr•Jlh reftrNd \e II tooa a1 NJ •• don. aft.er t.be exeou\ion ot lhia Acn••'• l\~d '111, •h•r the loaation ot Hid pipeline hu been d••N1.b1d ad a l•«•l de•orlptioA ot tb• aaae hae be• ooapl.Ced, 11..rel rarty will ght and grant , ..... ,. ot rtpt. ot w11 20 tHt in width, in tona pnaori-ff by Soeond Party aiul 1pprovtd br '1r1t. Party. \bt dt11rip'1oa t'J NDt.ala.\bt ., •• 1D whiob l&ld plptlin• ia i.eat.H •• ~ Hilb ••id Page 3 on Rfr,llJt?S!f:d Ry· CTISBRNA. Pnnte<J 12/1G/701d :.?."55 PM Qr,Jec 7101&17[WXJ Doc CASANO 5238-W180 .. . . .. . . · eo11152'J8 PM:£183 ••••••nt or ri&ht• ot way 1ball be 1n tbNt ••varat, laa\ft• aut.a, Heh or eaid inat.nmtn·H IO be Ua\lod lu t•na aDCl to contain the••-idutlcal de1ortpt1oa ot la.Dda t-•l-"•• t.htH1D ad tbl ... ta bt Uln\d 1n "'°' er ,1a. ,.11 ... 1111 naud 1rut.H11 l. w. D. CanAon, 2. Paul Eok• -· M.aad•l•n• lok•, ... J. sen Dheo ca, t. u .. trio Coap•J• • corporation. Thd Heh ot Hid sraateH to be n ... d in Mid ll"llllU ot Hetment or r11ht or wa1 lhall. tall• 11 a tenant 111 OG111Ua •1th the other crant••• who•• n••• art berataabev• 11, !ort.h • and each crant.H lball l:ln• a ri&b\ ot way ter tJae •••• ~urpo••• o,er, alone and aoro11 11ld 20 toot••••• --~ ot righ\ ot way. That cont•~poraneoualJ with \b• exen\1oa ot th11 Acr11m,nt, •• n,ar •• ■ay be, rtre\ Par\J 1ball, by an 1natnmtnt. in wriUnc, srn,, t.ru~at1r, aaa1• ••• ••t oYtr to ~,oond Pal"\J allot llrat Pan7•1 rtpi·-. re,t1Tt fro• 111d w. o. CannoD 1ald JO acni-t,,, ot wa\er Heh year• and P'iret. Party ••ll a\ t.b,1 ••• '1M aacl 1a and by Nid in1trua1at, r1lln~u11k and .-ate aald Cannon •nJ and all rir.M, t.o rH•1•• Ml,eJ _p.,._t, h'oa Cannon 1n lieu ot aeid water, 1, ~•in1 \h• 1nien, of t.hil AV••--n\ t.llal Ftr■, Part)'• a l'iib1 W ••••lfl Mill )O aor,-r .. , or water or any part, thtn,ot or anr IIOIIIJ v•ra•t. in 1111& ·thenot ahlll be r,11nc11&11h1d u, abu• dOlled •• afore1a1d, to aaid CIJ\.ftoo. -lt - Page 4 of 7 Requested By CTISBRqA Printed 12110/2018 c 55 PM .. J ~52'J8 fAH 184 Order 1101817000 Doc CASNID 5238-00180 A• a pan or th• cona1dvat1o-tor aa1d P'•i• •nd relinquiahment _, •aid r1rat Party, th• t.ooond Pany. 1hall pay to Firat. Party tb• aua of :10,0~0.001 •1~.,. to Moo• eta• aad payable i•~dla\elJ ao.-.a.e .... wuoa and d•llnrJ bf '1ra\ Jarty of tbe crant• of rlsht. •t wa1 an4 aa 1a1truaeat, 1n wriUa1 htretaabo .. nltt'Nd t.o •• \O DI tllt\l\td ,, r1r,, Par,,. ·rhat, Stoond Party ehall oonHJ t.o P'ir1\ Paf\7 .. aoon ••~•Yb• doD• atter tb• cosplnioa ed plaolzig lnlli operation ot Stoon4 !'arty•, new Wit.ff p1peli11• inatalla• t1a■, all of t1oond rartr•• ri&bl, t1tlt and 111,er•• ta &nd to the following d11orib1d pan or portion ot ~•o• I'art.y' • nov exhUn1 wit.er p1ptUn• oro11in1 alon1 UL4 ,;ve• nra, ran,•• lan4, tos•'-h•• with ,11, r,ol'lioa ot \he •••••n; OD or in wh1ob eaia pipt11Dt 1, l&1d, ,,a, 11 ,. uy, al.lot t.ha 1a,1anent. ot .righ\ ot WIJ witb tb• piptUM ~herein now b11a, ~••d by Seoond ran, exoept that pontoa ot the•••• between th• poinl ot oowietliwa th•rMt wl\b tb• n,w p1;el1n• to b• oon1tnacted or b•la1 OODltNcted by Second rart1, and the poia\ ot tll.tl'J et 1aid exia\ba or old pipeline at tb• 011ttrlJ boudar, 11.Dt ot lira, , art.y1a land. ln U,t •nnt. the 1toond l'art.y elMta .. \0 0011111n th• new pipeline lo ~••on• t1r,,•1 ext11la1 pipt11ae.al • point •••ttrly f:oo• the haN1nbeton deaoribed poi~\ of oonn,otion adj,01nt Lo th, bride• o,,r tho ~aJa now line of the Apt HtdioadA cr-.. kt Sttcmd Par\J· aball tvt.h• . ' - Page 5 of 7 Reqcested By CTISBRNA. Printed 1211012018 2 55 PM Order 7101817000 Doc CASAtJD 5238·00100 . I • . ' . oonY•1 to f1r1t rarty all rich\, tt,l• •d tnterea, tat.be portion ot Jeoond rarty'• exi1t.1n1 pSpe11D• loo•t•d \itt.-•Hrl Hid brld&I and t.ht ts.rat. 1\llvt" OIi \ht Clr11td • Sq Martoa l"Hd eaatvly m• •aS.d l,rlq• offl' ~• u&a · tlow line ot Agua !ledioada Cnek. Flrat r,ny lhall allow to reuia to pl••••• witlu,ut 1aurttrence ot tht ••• tor a ,-ri•d of t.av year1, t.hat ponion ot the now •xiat.111 W\11' piptl1n• here1naboTe agreed to~• aonYlftd "7 Satond PU'\7 \o Plrlt rarty and b411ns that portloa ot laid pipelln• betwt• th• ir.oat. eut.erl7 ttnr.inu1 ot th• pipel11,e to be conY..,.d \0 r1r11, i'arty and • po1n~ 1400 tHt, mc,re or ltas. vaatu-11 tro,n Hid brid1t, tbt l"ir1t Party bet·•~ •CNeiAI to ,..._ ,111, Saoon• f'art.y at. any t.iat htl'tat\4t1' N ,_.,, lldd portion ot aaid piptUnt eo to r1mai1, in plaot to the pirdsn, or the carllbad r,utua1 W1tt1• roa,eny•1 1aht111 CahnrH TIP • c.,rlt1bad pip1lia1 ancl to ~HOid 1'U'iY'• n,w pipelin• or linea to be oonatNot;•cl •• beNin lltfl .... tioned; ~:econd hrty to place propel' nlv•• on Hid ltnt and ,aid line to be uatd 1n •••• of •••r111107 onlJ, •• 1uoh t11erge1ey ur be ~•\tnined by 11t1oad f'ariy • 111d that l'Jth u,r,:enoy u .. ll\t\l in IO f.11\UH tO-'"""' to~• period ••o••dinc a t•t•l 1f ,.1 t10) da,J ta.,., oal.,.4•r yoar, int~l''l' \htt tMrpney UH u11t1Un1 \In ' daJt wtthtn any 01\tndar y11t aaf bt ptftli\ltd ~"°' r1r1\ ob\11n1n1 \ht prior oon11n, ot the Fir1\ PU'\JI that any rtpail'I \O laid llH 01' daan, .. ,. Ol°OPI of ,1rot tany that m1y b• oooa1loa1d b)' tbt ••r1ena1, UM Ptige 6 of 7 Request..:J By CTISBRNA. P11nle<1 1211012018 2 5~-PM .... . ,1 .--!-· .. ,-:-t~~ ·<. I 1 ·' ., ~ SOOKfJ238 rA~~ 1.86 ot t.bt s,cond ran1. •hall-• ., .... d b1· \ht SttOIUI Party. i1n.:cn:s th• hand• ot tht pant H hento tile day and year r1r1t heN1nalto•• written. Stall If GALH'lltNlA CmlJ af :.iAN Ill l·:oo l 11. l On March 5, .. .. , l?'JU , bdurr 11,r, 1hr u11<lcrngnrd, a Notary Public in Jh,I Im 1,1'1 Cuunty anti S1a1c, pcucnally appeared !:1fi': g~ ~~~Yh~t~f ~;n!_1}~A~--K~~::~: Magdalena l::cke _ ... . ..... ~llOWII to IIIC to he the person :I who1< name s are '"'"' 11l"J ltJ the within imlrumcnt an,J acknowlcd11cd d,a1 they executed the same. WITNESS my band and official 1eal. (Seal) '--1ikl~_,J Molar, Publlo ln 10d for 1&1d CoualJ Md at.a\l. M, Coaullll1ioa r,, uu lltc, fl, 1vu Order 7101617000 Coc. CASAt.JD 5238-QO·tBO 1 P1ut i~tl I' . ,, . Page? of7 Requested By. CTISBRNA Printed 1211012018 ~ 55 PM ... Recording Requested by SAN DIECO GAS~ ELECTRIC COMPANY When Recorded Mail to: SOO&E, P. 0, Box l831 San Diego, CA 92112 ATTN: Office Services, Room 611 1991 12781.1. EASEMENT 84-229217 R•CORn~o IN ~ f'ICJAL kcCC:r<e:s AN DIEGO COUN !Y, CA. 1984 JUN 19 AM IQ: 45 F & MANO ASSOCIATES, a joint venture comprised of PROVIDENT CAPITAL CORPORATION, a California corporation, and WESTANA BUILDERS/DEVELOPERS, a partnership, (r.rantor), for valu,ble consideration, grants to SAN DIEGO GAS & ELECTRIC CO!-fPANY, a corporation (Crantee), an easement and right of way in, upon, over, under and across the lands hereinafter described, to erect, construct, change the size o!, improve, reconstruct, relocate, repair, maintain and use facilities consisting of: l. Underground facilities and appurtenances for the transmission and distribution of electricity. 2. Pipelines and appurtenances for any and all purposes. 3. Communication facilities, and appurtenances. The above facilities will be installed at such location, and elevations upon, along, over and under the hereinafter described easement as Grantee may now or hereafter deem convenient or necessary. Grantee also has the right of ingress and egress, to, from and along this easement in, upon, over and across the hereinafter described lands. Crantee further has the right, but not the duty to clear and keep this easement clear from explosives, buildings, structures and materials. The property in which this easement and right of way is hereby granted is situated in the County of San Diego, State of California, described as follows: Lots l through 66, inclusive, together with Lots A, Band C, all of Carlsbad Tract No. 82-5A (Telescope Point), according to Map thereof No. 10925, filed in the office of the County Recorder of said County of s~n Diego. -1-81-0235-S 'I t I • I $ I ~ " \ ' \ ., ; ! f ~ ' -.... ' Pago 1 of 5 Requested By: CTISBRNA, Printed: 12110/2018 2 55 PM Order: 7101817000 Doc sD:1984 00229217 1992 The easement in the aforesaid lands shall be more particularly described in Parcels "A" and "B" below: PARCEL "A" All of said Lots A (West Point Drive), B (Sunset Hill Drive) and C (South View Drive). PARCEL "B" That certain strip of land 8.00 feet in width, lying within said Lots l through 66, inclusive, lying adjacent to and coincident with the exterior boundaries of said Parcel "A" and "HIGH RIDGE AVENUE", "SPYGLASS COURT" and "TELESCOPE AVENUE", as shown and delinuted on said Map No. 10925. Granter shall not erect, place or construct, nor permit to be er~cted, placed or constructed, any building or other structure, plant any tree, drill or dig any well, within this easement. Crantor shall not increase or decrease the ground surface elevations within this easement after installation of Grantee's facilities, without prior written consent of Grantee, which consent shall no~ unreasonably be withheld, Granter further grants to Grantee the right to assign any or all of the rights granted in this easement in whole or in part to The Paeitic Telephone and Telegraph Company and/or to other companies providing utility or communication facilities. Grantee shall have the right but not the duty, to trim or remove trees and brush along or adjacent to this easement and remove roots from within this easement whenever Grantee deems it necessary. Said right ·shall not relieve Grantor of the duty as owner to trim or remove trees and brush to prevent danger or hazard to property or persons. CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, AND PIPELINES MAY CARRY VOLATILE MATERIA~S. therefore Grantor shall not make or allow any excavation or fill to be made within this easement WITHOUT FIRST NOTIFYING SAN DIEGO GAS & ELECTRIC COMPANY AND OBTAINING PERMISSION. -2-81-0235-s Order. 7101817000 Requested By: CTISBRNA. Printed: 12110/2018 2:55 PM Doc: SD:1984 00229217 1993 This easement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, permittees, licensees, agents or assigns of Granter and Grantee. day of Executed IN WITNESS WHEREOF, t;;;.tor executed this instrument this ..2:?..a,/ fflav, , 19 • -----, ..) in the Presence of: Drawn Checked Sketch Date MOPAC Const. No. A,P. No. Witness Richards S/17/84 70262-01,02 2040080, 1347320 Pending -3- Fi MAND ASSOCIATES, a joint venture comprised of PROVIDENT CAPITAL CORPORATION, a California corporation, and WEST.ANA BUILDERS/DEVELOPERS, a partnership PROVIDENT CAPITAL CORPORATION, a California corporation -Joint Venturer By: D. R. McArthur, President .,, /.);.~ ~'::f 1v,,;__, atrfda.Hiraif Secretary WEST.ANA BUIU)ERS/DEVELOPERS, a California general partnership -Joint Venturer By: :n~rtn~ by--------- By: Mudge Corpora~ion/Partner : ~~it-· SIQNA'IIJMS MUST Ill NOT.u<ll.£0 NOTAIIIES us,; PIIOPEltFOHM 81-0235-S .. , • I ' l I ' ,? l ., ; I \ \ ~ ; ' ! l ·•·' Order: 7101817000 Page 3 of 5 Requested By: CTISBRNA Printed: 12/1012018 2 55 PM Doc S0:1984 00229217 1994 _.,.,..._., OF San Diego \,,Ul,M.,...... --------- 0.n CT\o~CIB<+:: , before ne, the undersigned., a Notaxy Public in and for £e, pers&iilly appeared William n. Fontana knCMn tone (or pxovi.ded to ne on the basa of sat1.sfaetory em.dence) to be the President of ~ ~00, the corporation that executed the within instrurrent ancl known to me to be the person who exeo.."ted. the wi:thin instrument on behalf of said corporation, SA.id CO%l)Oration being ~ to :me to be one of the partners of W'ESTANA, :ew:::J:)ERS/I)E\.'EWPER.S, the partnership that exec::uted the within instrument, and acknowledged to me that such corporation execu:te::l the sarre as such partner and that such partnership is one of the joint venturers of F & M AND ASSCCIM'ES, the joint venture that executed the within instrurrent. and acl<:nor,,:ledged to ne that they executed the san-e as joint venturers . of the joir.t ven.ture first ~e narred, · and that said joint venture executed the same as.a partner of F & .MANO ASSO:::~ and that said last named joint venture executed the same. wrmESS M:i H11ND ~ OFFICIAL SEAL STAXE OF CAtJ:FORNIA o:xlN'lY OF ~,)1);4::SP OFFTCTAL SEAL JUDY A CVR I' NO'TA~Y PUOLIC • CALIF'ORN:A SAN OltCO COUN1Y My_ coir.m. expire$ SEP s, m~ O.n (for-~:), \9N , before rre., the undersigned, a Notary Public in and or a State, personally appea:red Wesley :E. Mudge , kncwn to :me (or px:ovided to ne on the basis of satisfact:.ory evidence) to be the President of MOOGE ~00, the ooxporation that executed the 'Within :i.nstrunent a.~ known to me to be the pe::son w:ho executed. the within inst:rurlent on behalf of said corporation, said corporation being known to ue to be one of the partners of WESrANA, l3UIIDERS/t>E\7.EI.OPERS, the partnership that e.xecu.ted the with.in instxurrent, and acknowledged to m! that such co:.cporation execu:ted the same as such partner and that such partner-sh:i;> .is one of the joint venturers of F & M .1U'ID ASsccna.ES, the joint venture that exec::uted. tbe within instrument and ac:knowledged to me that they executed the sane as joint venturers of the joint venture first aDOYe nmned, and that said joint venture executed the same as a partner of F & M J\NO ASS:X:IAT£S and that said last Mm!d joint venture executed the same.,. WI'lNE.SS MY B1I.NO ANO OFFICIAt, SW, ., i ) I, l t i 1 ~000 Page 4 of 5 Requested Br CTISBRNA. Printed: 12/1{)/2018 255 PM Doc SD 1984 00229217 ·1 I \ I ~ ' ' . \ STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. 1995 On May 2.1 , 19 84, before me, the undersigned, a Notary Public in and for said County and State, personally appeared D. R. Mc:Arthur , known to me to be the ___ .,,.._President, and Patricia R. Hirai , known to me to be the --Secretary of PROVIDENT CAPITAL CORPORATION, the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation and acknowledged to me that auch corporation executed the within instrument pursuant to its :By-laws or a Resolution ot its Board of Directors; said corporation being known to me to be a joint venturer of_ F 8c M AND ASSOCIATES , a joint ventw-e, the joint venture that executed the within instrument, and acknowledged to me that such corporation executed the same individually and as such joint venturer and that such joint venture executed the same. WITNESS my hand and official seal. Notary Public: in and f .,a ·, i ' \ I i I I' i I ,Order: 7101817000 Page 5 of5 Requested By: CTISBRNA, Printed· 12110/2018 2·55 PM Doc SD:1984 00229217 85-098784 ~CORO£O Al THE REQUEST Of: SAFECO TITLE INSURANCE CO. RecordiAg Requested Bi ,&Re When Recorded Return To: McDONALD, HECH'r & SOLBERG Mr. Alex C. McDonald 1100 Financial Square 600 "B" street San Diego, California 92101 • fl. " 189 OOCUMENTARr 1'RANSflR 1M J.-.2..._ COMMON MAINTENANCE AREA EASEMENT ,-c/'·\:L:-t::~/:~.,, \'.''.1. i lS95 MAR 25 1:1 3 i? I v: i• .. \ .~.· ; r."••••"•• I ti. f, ,..u,,, . r, , . . -----·' THIS COMMON MAINTENANCE AREA EASEMENT is entered into at San Diego, California, as of December 27, 1984, between F & MAND ASSOCIATES, a joint venture ("Grantor"), and TELESCOPE POINT HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation ("Grantee"), with reference to the following RECITALS: A. Grantor is the ownur of that certain real property located in the City of Carlsbad, County of San Diego, California, more particularly described as: Lots 118 and 119 of CARLSBAD TRACT NO. 76-15 UNIT 3 according to Map thereof No. 10579 filed in the Office of the County Recorder of San Diego County, California, on January 31, 1983; and Lots 61 through 65, inclusive, of CARLSBAD TRACT NO. 82-SA according to Map thereof No. 10925 filed in the Office of the County Recorder of San Diego County, California, on May l, 1984, hereinafter called the "Servient Tenement." -1- ... ' . _;;:; ____ --- I 2 1 I ,-: I I .::) I t0 CX) ~ 00 °' -J I/ I 00 , .... t , ..... ,..-- \., .... .. ( .. J: Page 1 of 1~ Recuested By tnt'd1na v Prmted 1/2(2019 12 4;' PM ... . ..,,, t , I RECOl10EO ~T THE REQUEST OF: SN<eco TITLE INSURANCE CO. ~ When Recorded Return To: McDONALD, HECH'r & SOLBERG Mr. Alex c. McDonald 1100 Financial square 600 "B" Street San Diego, California 92101 85-098?84 " ..... 189 DOCUMENTARY TRANSFIR ,U .__<p_ __ _ COMMON MAINTENANCE AREA EASEMENT RF AR TLR MG TXPO - THIS COMMON MAINTENANCE AREA EASEMENT is entered into at San Diego, California, as of December 27, 1984, between F & MAND ASSOCIATES, a joint venture ("Granter"), and TELESCOPE POINT HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation ("Grantee"), with reference to the following RECITALS: A. Granter is the owner of that certain real property located in the City of Carlsbad, County of San Diego, California, more particularly described as: Lots 118 and 119 of CARLSBAD TRACT NO, 76-15 UNIT 3 according to Map thereof No. 10579 filed in the Office of the County Recorder of San Diego county, California, on January 31, 1983; and Lots 61 through 65, inclusive, of CARLSBAD TRACT NO, 82-SA according to Map thereof No. 10925 filed in the Office of the County Recorder of San Diego County, California, on May l, 1984, hereinafter called the "Servient Tenement," -1- .. ,,,, ....... w -.. = __ ....! ____ •+H I I I I I I J ' I I • -I . • I Page 2 of 1: Requested By rnedina v, Printed 11212019 12 4/ PM Doc SD.1085 00096784 • Non-Order &-arch Doc SD 1025 WO%784 ' .--190 B. Grantor has or intends to construct residential units on each of the lots contained within the Servient Tenement and to convey each to members of the public. c. Grantee has been formed as a property owners association composed of all owners of the Servient Tenement, together with the owners of other lots, and the owner of each lot is required to become a member of Grantee, which membership is appurtenant to each such lot. D. One of the purposes for which Grantee was formed ls to provide for the maintenance of certain areas located upon the I Servient Tenement ("Common Maintenance Area"), all as more par- ticularly set forth in that certain Declaration of Covenants, Conditions and Restrictions made by Grantor dated May 25, 1984 and recorded with the Office of the County Recorder of San Diego county, California, on May 31, 1984 as File/Page No. 84-204443, made applicable to the Servient Tenement by Declaration of Annexation recorded with the Office of the County Recorder of San Diego County, California on July 12, 1984 as File/Page No. 84-261394, and in the Bylaws of Grantee. Grantor and Grantee therefore agree as follows: 1. Grant of Easement. Granter hereby grants to Grantee an easement as hereinafter set forth. 2. Character of Easement. The easement granted herein is an easement in gross. = Page 3 of 12 -.. ... ' :--~----·--~- I I I I I I ~ r~ ---{ F~equestec By medina v. Print~d 1r212019 12 47 PM , Non-Or(Je1 Searct1 Goe SD 1985 OOOS'87B4 ... 191 3. Description of Easement. The easement granted herein is for landscape and drainage maintenance and for erosion control. 4. Location. The easement granted herein is located on, over and under that portion of the Servient Tenement which is contained within the description set forth on Exhibit "A" attached hereto and made a part hereof, 5, !!!.!!· The easement granted herein includes the following uses of the servient Tenement" 6. To plant, replant, water, weed, cultivate, grade and otherwise maintain, repair and replace the landscaping, irrigation and drainage facilities within the easement, all as more fully set forth in the Declaration, the terms of which are incor- porated herein by this reference as though set forth in full. Exclusiveness of Easement, The easement granted herein io not exclusive, 7. Secondary Rights. The easement granted herein includes the incidental rights of accesa on, over and under the servient Tenement as may be reasonably necessary to maintain the landscap- ing and drainage facilities located within the easement. 8. Obligation of Grantee. Grantee agrees to maintain or cause to be maintained the landscaping and drainage facilities within the easement in a neat, healthy and sightly condition as more fully set forth in the Declaration and Byldws of Grantee. 9. Attorney's Feea. In the event of any controversy, claim or dispute between the parties hereto relating to this instrument ... , = Page 4 of 1'2 . _::.:,: ___ •·•••·- I I J I I I ~ ..= tQ (lO I 00 01 • ~/ ;· Requested By rned1na v P11n\~d 11::r201$J 12 47 PM I 1 -=· Non•Orde1 Searctl Doc SD 1985 00098784 1 0 S2 • ,. · · 192 or the breach hereof, the prevailing party shall be entitled to costs of suit and such sum as the Court oeems reasonable for attorney's fees. The prevailing party shall be the party in whose favor a final judgment is entered. 10. Binding Effec~. This instrument shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date first horeinabove set forth. F & MANO ASSOCIATES, a joint venture BY: PROVIDENT CAPITAL CORPORATION, a California corporation By ,'(y!? }i'i-~C~-i-·1--~/~ D, R, McArthur, President \_' i ( I, I By r. r·u 1, ,t... ·::::-, .1 I, :t L. Patrlc:la R, Hlral,'Scc:retary BY: WES'rANA BUILDERS/DEVELOPERS, a California general partnership BY: BY: MUDGE CORPORATION, a California corporation -4- ,,I. , __ ;;;:;·_ --.... ¥ ¥- I 1 :z I ·-= I I ..:::) I c.o CX) ~ 00 OI ~I/ I ' .. ms; •: 11 r"".. ,,,..,..- ::---/ "I .. r Ji! Page 5 c.,f 12 Requested By rned1na v Printed 112C019 12 47 PM I t , ·--= Non-01f.le1 Sea1c11 Doc SD 1985 00098784 198 193 TELESCOPE POINT HOMEOWNERS ASSOCIATION STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. On this 3rd day of January , 19 85 , before me, Catherine B.Wii'iier , a Notary Pub~in and for said state, personally appeared D.R. McArthur , known. to me (or proved to me on the basis of satisfactory evidence) to be the President, and Patricia R, Hirai , known to me (or proved to me on the basis of satisfactory evidence) to be the.....,-,-..,......,..-,..,..-,.-Secretary of PROVIDENT CAPITAL CORPORATION, the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the joint venturers of F & MAND ASSOCIATES, the joint venture that executed the within instrument and acknowledged to me that such corporation executed the same as such joint venturer and that such joint venture executed the same. WITNESS my hand and official seal. NOTARY PUB-tIC-- OfflCIOL- • catheriM a. Wilder NOt~ ----~,.,,,.n.1!1116 IA, Comm -5- ·• ' --::::i-----p ... I z I I .. I I ...::, I ~ 0:, ~ 00 <.n -.J I 1· 00 =r;:s-·911 -tl ........ ... . l J: Reauested By medma v Prmte,.1 ~i~(.2019 12 Ad PM I -. f "! Mon•Orde1 Searctl Doc SD 1985 00098784 -··-···-'-"--· 194 STATE OF CALIFORNIA as. COUNTY OF SAN DIEGO On this ~ day of -.s,,01r1PCt!s , 19~, before me, g)qc)~ p. C rf , a Notary Public in and for said state, p rsona y appearecl Ll r.~\,oq;: '-t tOO:t<'Ofil , known to me (o~ proved to me on the basis o satis actory evidence) to be the t'(I' 5,q\,·11:\ of FONTANA CORPORATION, the corporation that exe- cuted the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of WESTANA BUILDERS/DEVELOPERS, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partner is one of the joint venturers of F & MAND ASSOCIATES, the joint venture that executed the within instrument and acknowledged to me that they corporation executed the same as such joint venturer of the joint venture first above named, and that said joint venture exe- cuted the same as a partner of F & MAND ASSOCIATES and that said last named joint venture executed the same. WITNESS my hand and official seal. ',<(.{L_.. (' -6- =- Page"! of 1'..; ·• •• =rt::::t . -,,;; , --· ·-·- ' I I I I I ~ .; ~ --- z Requested By med1na v. Printed 11.:r2u19 12-47 PM I I Non-OrdEf &:,drch Coe SD 1085, 000%784 195 STATE OF CALIFORNIA ss. COUNTY OF SAN DIEGO On this ..3.cd. day of -:-Yaow«Cj , 19 ,;::_,-, before me, :r;:,cl,~~ ( 'i5: a Notary Public in and for said state, 7 i:aon ly appeared '/Jr-+ le)? 11· 0)1/ ri,,,... , known to me Jor proved to me on the basis of sat s actory"\ivldence) to be the Y•t~effil of MUDGE CORPORATION, the corporation that exe-cuted t e within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of WESTANA BUILDERS/DEVELOPERS, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partner is one of the joint venturers of F & MAND ASSOCIATES, the joint venture that executed the within instrument and acknowledged to me that they corporation executed the same as such joint venturer of the joint venture first above named, and that said joint venture exe- cuted the same as a partner of F & MAND ASSOCIATES and that said last named joint venture executed the same. WITNESS my hand and official seal, ./. .. , ,d., : , . / . -t ,., ? ,. NOTA~Y PUBLIC / -7- Page 8 of 1~ __ ::::/ ______ _ I I I I I I ,1 ' z ,......, ,,,..-- f~equested By rnedina v. Pnnted 11212019 r:~ 47 Prv1 ,, 'T STATE OF CALIFORNIA COUNTY OF SAN DIEGO · .. 196 ss. 7Sc,o '-' c,I''-'\ , 19..Rs::_, before me, <. , -al Notary Public in and for said state, ersona ly appeared We~ l<'"''::l h· Q)y r~e , per-sonally known to me (or proved to me onlthe bas.1 of satisfactory ev;dei;cel to be the ---=--,----President, and ()..J, l) ,c.ro )::;, \-,·. o· l ;•<:)Q , personally known to me (or proved to me on the basis of satisfactory evidence) to be the ==.-..... .-----secre-tary of TELESCOPE POINT HOMEOWNERS ASSOCIATION, the corporation that executed the within instrument, known to me to be the per-sons who executed the within instrument on behalf of the cor- poration therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. / NOTARrj UBLl -a- . _;;;:/,.. ____ ,.~- : :z I '~ I I ,.::::, I C.0 (X) 1 00 Vt ·-=:.==:.=...==-:-:; .... =-~~=-====---J~ ~ 11 · 1, Ncn-Ortler Sea1ct1 Doc SD 1%5 f.J0098784 Re<::Ue!::ited By rnedma v P11nted 11.:r.::019 12"4;' ?M • I I 1 ,-_ 197 Coopr:&Assocl~tes 8369Vlckera Street,Sla.C,San Diego.CA 92111 • (!1191 277•0441 Legal Description of! f Easement over portions of Lots 111 thru 119 of Carlsbad Tract No. 7 -15 Unit No. 3 (Palisades Point) in the City of Carlsbad, County of San Diego, State of California, according to Map No. 10579 filed in the Office of the County Recorder of said County, described as a whole as follows: Beginning at the most Northerly corner of Lot 66 of Carlsbad Tract No. 82-5A (Telescope Point) according to Map No. 10925 on f11e in the Office of County Recorder of said County; said corner being a point in the Northeasterly line of Lot 119 of said Carlsbad Tract No. 76-15; thence South 57°25'11" West along the Northwesterly line of said Lot 66 a distance of 107,97 feet; thence North 21°09'08" West a distance of 76.69 feet; thence North 72°l?7'46" West 11 distance of 13.99 feet; thence North 21°47'32" West a distance of 58.56 feet; thence North 24°42'45" West a distance of 4,48 feet; thence North 23°21 '44" West a distance of 63.03 feet; thence North 26°03'22" We:.t a distance of 71.65 feet; thence North 32°51'42" West a distance of 24.30 feet; thence North 34°52'34" West a distance of 31.12 feet; thence North 38°01 '29" West a distance of 25.02 feet; thence North 42°01'09" West a distance of 25.40 feet; thence North 46°00'14" West a distance of 30.45 feet: thence North 52°31'54" West a distance of 20.89 feet; thence North 53°54'04" West a distance of 32.49 feet; thence North 56°15'21" West a distance of 36,49 feet; thence North 55°09'24" West a distance of 20.64 feet; thence North 58°58'46" West a distance of 14.84 feet; thence North 66°41 '35" West a distance of 55.43 feet; thence North 7°2°33'56" West II distance of 29.46 feet; thence North 72°57'10" West a distance of 26.07 feet; thence North 81°21'44" West a distance of 7.20 feet; thence South 68°33'48" West a distance of 8.62 feet; thence South 40°09'38" West a distance of 8.67 feet; thence South 4°29'00" West a distance of 1.70 feet; thence South 87°23'21" West a distance of 0.52 feet to a point on the Northwesterly line of High Ridge Avenue as shown on said Map No. 10579 being a point of compound curvature and the beginning of a 20,00 foot radius curve concave Southeasterly the center of which bears North 87°23'21" East from said point; thence Northerly and Easterly along the arc of said 20.00 foot radius curve thru a central angle of 101°03'56" a distance of 35.28 feet to a point of -:--:::/ ______ _ I 1 I I I I :z ..;j tO 0) ~c;;;-. ==== i 00 Vt ~1 ;' ~fon-01<.ier Sea1ch Doc SD 1985 00098784 Page 10011: ·-·-=--... ..,.=ill ~ ...., I ,-. ---/ l Recuested By rned1na v_ P11nted ~t:r.?019 12 4/ PM ' I 198 compound curvature, being a point on the Southwesterly line of Tamarack Avenue as shown on said Map No. 10579 and being the beginning of a 568.00 foot radius curve concave southwesterly the center of which bears South 8°27' 17" West from said point; thence Southeasterly along said Southwesterly line of Tamarack Avenue and the arc of said 568.00 foot radius curve thru a central angle of 48°57'54" a distance of 485.41 feet; thence tangent to safd curve along safd Southwesterly lfne South 32°34'49" East a distance of 199.64 feet to the point of beginning. EXHIBIT A -... __ ;:,1 _______ _ I I I I I I ~ ·---,;;;;;;;;; ~m;r = .:::> co 00 ..J 00 ..:,, .,..... ,,_. - I ~Jon,Oi1for Sear·ct1 Rt-QL;esle:j By mecJtna v. Print~d 1/2/2010 12 47 PM [JOC SC 106~1 00098784 I / · CooP«Associates 1'99 "'-== Non-Order Search Doc SD 1035 C{'i098784 8389Vlcker• StrHl,Ste.C,San Oleoo,CA 92111 • (819) 277•0441 ·-Legal Description of~••-11111 .. Easements over portions of Lots 61 thru 65 of Carlsbad Tract No. 8Z-5A (Telescope Point) 1n the City of Carlsbad, County of San Diego, State of California, according to Map No. 10925 filed in the Office of the County Recorder of said County, described as follows: A. Beginning at the most Easterly corner of said Lot 61, being a point on the boundary of said Map; thence South 29°17'54" West along said boundary and the South- easterly line of said Lot 61 a distance of 8.95 feet; thence North 54°21'23" West a distance of 17.19 feet; thence North 49°30'44" West a distance of 51.02 feet; thence North 83°29'27" West a distance of 13.68 feet; thence North 48°02'11" West a distance of 48.59 feet; thence North 82°19'10" West a distance of 19.54 feet; thence North 63°14'57" West a distance of 20.54 feet; thence North 42°59'01" West a distance of 43.85 feet; thence North 69°37'10" West a distance of 11.75 feet; thence North 30°15'25" West a distance of 59.49 feet to a point in the Northerly line of Lot 64 of said Tract; thence South 83°26'52" East along said Northerly line a distance of 7.43 feet to an angle point in boundary of said Lot 64; thence along the Northeasterly line of Lots 64 thru 61 the following bearings and distances; South 29°07 '42" East a distance of 52 ,00 feet; thence South 87°13' 18" East a distance of 24.61 feet; thence South 35°26'51" East a distance of 52.50 feet; thence North 84°40'33" East a distance of 24.61 feet; thence South 39°38'57" East a distance of 53.00 feet; thence North 77°59'24" East a distance of 24.61 feet; thence South 45°07'25" East a distance of 64.00 feet to the point of beginning. B. Beginning at the most Northerly corner of said Lot 65 being a point on the boundary of sa1d Map; thence South 77°28'41" East along the Northerly line of said Lot 65 a distance of 24.43 feet to the true point of beginning; thence continuing South 77°28'41" East a distance of 2.44 feet to an angle point in the boundary of said Lot 65; thence South 24°09'54" East along the Northeasterly line of said Lot 65 a distance of 50.05 feet; thence North 26°20'25" West a distance of 51.55 feet to the true point of beginning. FWB:dn 11-16-84 CIVIL ENGINEERING ••• PLANNING • , , LANO SURVEYING EX\UB\l A ~-:::f _____ _ I I J I I I ~ ' :z Page 12 of 1.: Requestec By tnedina v. P!!nt~d 1/212019 1~ 4i~ PM I