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HomeMy WebLinkAboutCT 2018-0002; AVIARA APARTMENTS; Tentative Map (CT)Ccicyof 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 00 Coastal Development Permit O Minor D Conditional Use Permit D Minor D Extension D Day Care (Large) f2..c..f1 Ar Environmental Impact AnessrnlRl't □ [!I Habitat Management Permit [Kl HIiiside Development Permit D Minor D Minor D Nonconforming Construction Permit D Planned Development Permit O Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation [Kl Site Development Plan D Minor D Special Use Permit D Tentative Parcel Map (Minor Subdivision) [!I Tentative Tract Map (Major Subdivision) D Variance D Minor (FOR DEPT. USE ONLY) Legl§latlve Permits cDP2-v1i-ooos f !.<l.20,~ -mv1.. \-\r1 Pto\ ~-Dool ~~~o\.2 ,OOO \ Sf;Pto \ t-00 u'l.. ::::.TU>\S-ooo'L. 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 VIiiage Review Area Permits D Review Permit D Administrative D Minor D Major (FOR DEPT. USE ONLY) 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. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): 212-040-56 ----------------------------------LO CAT 1O N OF PROJECT: 6145 Laurel Tree Lane, Carlsbad CA 92009 (STREET ADDRESS) NAME OF PROJECT: Aviara Apartments ""P-ro-p-os_ed_d .... e_ve....,l,....op_m_e_n"""t-o~fa__,,.32"""9~u-n..,.,it,...a_p_a"""rtm-en_,t_co_m_p,_le-x _o_n ..,..two__,l,...ots,.....,.loca-.,...ted--,-o-n"""th,....e_e_a-st'""a_n....,d,....we_s.,..t s_,id..,.e_s __ BRIEF DESCRIPTION OF of Aviara Parkway. The west lot consists of 247 market rate apartments and 12 affordable units and the PROJECT: east lot consists of 70 affordable units. PROJECT VALUE (SITE IMPROVEMENTS) $51,514,801 ESTIMATED COMPLETION DATE 11/30/2021 FOR CITY USE ONLY Development No. DE.\) io \ 1-0 IJ 3 3 Lead Case No. P-1 Page 1 of6 Revised 03/17 OWNER NAME INDIVIDUAL NAME (if applicable): COMPANY NAME (if applicable): (PLEASE PRINT) James Ukegawa MAILING ADDRESS: 6145 Laurel Tree Lane CITY, STATE, ZIP: Carlsbad, CA 92011 --------------TELEPHONE: 760-603-9608 EMAIL ADDRESS: jimmy@aviarafarmsinc.com APPLICANT NAME INDIVIDUAL NAME (if applicable): COMPANY NAME (PLEASE PRINT) (if applicable): SummerHill Apartment Communities Investments, LLC. MAILING ADDRESS: 3000 Executive Parkway #450 CITY, STATE, ZIP: San Ramon, CA 94583 TELEPHONE: 925-244-7500 EMAIL ADDRESS: jbiggs@shhousinggroup.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): Keven Doherty, Vice President of Development, SummerHill Apartment Communities MAILING ADDRESS: 2 Venture,, Suite 360 ------------------------------------CI TY, STATE, ZIP: Irvine, CA 92618 TELEPHONE: 949-537-3834 EMAIL ADDRESS: kdoherty@shhomes.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PU POSES OF THIS APPLICATION AND THAT ALL THE ABOVE IN RECT TO THE BEST OF MY K IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/\NE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE L D AND Bl1/{// SUCCESSORS IN INTEREST. PROPER NER SIGNATURE P-1 Page 2 of6 JAN 12 2018 CITY GF C, RL~Br .0 PLA1 Jf\L IS Dl\/1 _ r,f\l DATE ST AMP APPLICATION RECEIVED RECEIVED BY: Revised 03/17 C cicyof Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership friterests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person __________ _ Corp/Part SummerHill Apartment Communities Investments, LLC Title Title --------------------------Address __________ _ Address 2000 Executive Parkway, #450, San Ramon, CA 94583 2. OWNER (Not the owner's agent) P-1{A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person James Ukegawa Title Owner Address 6145 Laurel Tree Lane Carlsbad, CA 92011 Corp/Part. ___________ _ Title _____________ _ Address ------------- Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to ( 1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust ----------Non Profit/Trust, _________ _ Title ------------Title -------------- Address Address ---------------------- 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes I ✓ I No If yes, please indicate person(s ): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of applicant/date James Ukegawa Pri t or type name of owner Print or type name of applicant Signature of ~wnl. l~:i:~l~~te Keven Doherty Print or type name of owner/applicant's agent P-1{A) Page 2 of 2 Revised 07/10 AVIARA APARTMENTS Project Description August 2018 AUG 21 201~ CIT ( Or C.At L;:, ,AD P!...P.t Jt lit JS Dl'/1:.,J'] J This application is for a Site Development Plan, Coastal Development Permit, Tentative Map, Habitat Management Plan, and a Hillside Development Permit for a residential project. BACKGROUND The City of Carlsbad has a population of approximately 111,000. The city is located along the northern coast of San Diego County, thirty miles north of downtown San Diego. It is bordered to the north by the City of Oceanside, to the south by the City of Encinitas, and to the east by the cities of Vista and San Marcos and the County of San Diego. Carlsbad has a combination of industrial, commercial and residential development, including a large regional shopping center, an auto-retail center, a large industrial park area, the LEGOLAND California Educational/Recreational Park, and a regional airport. The city contains three lagoons, limited agricultural areas and large tracts of preserved open space. The total area of the city of Carlsbad is approximately 40 square miles. PROJECT LOCATION & DESCRIPTION The Aviara Apartments Project (Project) proposes to develop a multifamily apartment community on a centrally located parcel in the City of Carlsbad (City). The Project site is located approximately one mile east of Interstate 5, two miles west of El Camino Real and 0.1 miles south of Palomar Airport Road. The approximately 9.2-acre Project site is bisected by Aviara Parkway, resulting in an approximately 7-acre "West Parcel" and an approximately 2-acre "East Parcel." The West Parcel contains a 38,000 square-foot warehouse, a 10,000 square-foot loading dock with a 350 square- foot shed, a 50,000 square-foot concrete parking area and approximately 85,000 square feet of gravel roads and parking area. All development on the West Parcel will be removed. The East Parcel was previously graded, but it remains undeveloped. The General Plan designates the Project site as R-30, Residential (23-30 dwelling units/acre (du/ac)), the highest density concentration in the City. The Project site is within the City's Residential Density-Multiple (RD-M) zone, which allows for medium and high-density residential development. The site is entirely located within Local Facilities Management Zone (LFMZ) 5, with existing Habitat Management Plan (HMP) Hardline designations overlaying the Encinas Creek corridor along the northern boundary of the site and the slope areas in the western portion of the site. Aviara Apartments Project Description 1 August 2018 The Project would develop 259 apartment homes on the West Parcel and 70 apartment homes on the East Parcel for a total of 329 apartment homes on the Project Site. The West Parcel would contain 247 market-rate and 12 affordable rental homes in a four-story "wrap" configuration that would shield the parking structure from view. The Project proposes 184 one-bedroom and 75 two-bedroom homes on the West Parcel. Twelve one-bedroom homes would be set aside for residents with incomes that do not exceed 90% of the Area Median Income (AMI}. The West Parcel would include an approximately 480,000 square-foot residential structure with an on-site leasing office, pool/spa, club room, Wi-Fi cafe, fitness facility, outdoor courtyards and 428 parking spaces. The East Parcel would contain 70 affordable rental homes in a four-story approximately 82,000 square foot structure with some parking tucked underneath the building and the remainder in surface lots. The Project would include 14 studios, 24 one-bedroom, 26 two-bedroom and six three-bedroom homes. Seven homes would be set aside for residents with incomes that do not exceed 30% of the AMI, 62 homes would be reserved for residents with incomes that do not exceed 60% of the AMI, and one home would be the manager's unit. The East Parcel structure would contain a club room and atrium and the site would provide 106 parking spaces. The Project site would be landscaped with native plant material, including the SO-foot buffer established along the Project's northern border with Encinas Creek where native habitat does not currently exist. Pursuant to Section 21.53.120(8}(1} of the Carlsbad Municipal Code, the Project would be subject to less restrictive development standards than would otherwise be applicable in the RD-M zone. Specifically, the proposed density of the Project is 40 du/ac and the proposed building height is approximately SO feet, with some architectural features reaching approximately 60 feet. The Project seeks a waiver from the requirement in Section 21.24.080 that mandates an increase in applicable setbacks if a building exceeds 35 feet in height. In addition, the Project proposes a waiver of the Municipal Code's parking requirement and a three-foot reduction in the requisite parkway width on the north side of Laurel Tree Lane. The Project requests the application of less restrictive development standards pursuant to a site development plan and an Affordable Housing Agreement. The Project's increased density also requires an allocation of 104 excess dwelling units from the City's Excess Dwelling Units Bank. Aviara Apartments Project Description 2 August 2018 UNIT MIX· EAST PARCEL Unit Type Unit Am No. Units Per Floor (DU (net sn Level 1 Level2 Level3 Plan S1A 450 2 2 2 Plan S1B 445 0 2 2 Subtotal Studio Units Plan 1A 625 4 4 4 Plan 1B 606 0 4 4 SUbtota/ 1 Bedroom Units Plan2A 747 4 4 Plan2B 860 2 2 2 Plan2C 702 2 2 subtotal 2 Bedroom Units Plan3A 986 0 2 2 Subtotal 3 Bedroom Units TOTAL 8 22 22 UNIT MIX -WEST PARCEL Unit Type Unit Am No. Units Per Floor (DU) (net sf\ Level 1 Level2 Level 3 Plan 1A 711 14 16 17 Plan 1A-alt 785 4 Plan 1B 720 13 15 16 Plan 1C 774 14 14 14 Subtotal 1 Bedroom Units Plan2A 1135 13 18 20 Plan 2A-alt 1104 Plan2B 1 026 1 1 1 Plan 28-alt 1 009 Subtotal 2 Bedroom Units TOTAL 59 64 18 PARKIN MMARY Soaces R!Quired, ~r Zoni!Jg Code Studio Units 1.5 1 Bedroom Units 1.5 2 Bedroom Units 2 3 Bedroom Units 2 Guest Parki 0.25 TotalS R ulred Per zon Code Soaces Reauired, ~r Dens~ Bonus S1udlo Units 1 1 Bedroom Units 1 2 Bedroom Units 2 3 Bedroom Units 2 Total SMCM R1JDU/red. Per Denlllltv Bonus Parkilg Spaces Provided Standard Covered Spaces, Carport Standard Covered Spaces, Parking Structure Aviara Apartments Project Description Standard Uncovered Spaces Com Uncovered S 3 Level4 2 2 2 2 4 2 2 2 18 Level4 17 16 14 3 17 1 68 EAST 21 36 52 12 18 139 14 24 52 12 102 32 38 33 5 108 Total Total Area Unlts(DU) (netsft 8 3600 6 2670 14 14 8750 10 6060 24 12 8964 8 6880 6 4212 26 0 6 5916 6 70 47,052 Total Total Am Units (DU) (net sf\ 64 45504 4 3,140 60 43200 56 43344 184 54 61290 17 18768 3 3078 1 1 009 75 259 219,333 WEST 276 150 65 491 184 150 334 406 23 429 Unit Mix 20% 34% 37% 9% Unit Mix 71% 29% August 2018 C cicyo f 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): Iii 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 N SummerHill Apartment Communities Investments, LLC. ame: ______________ _ Address: 3000 Executive Parkway #450 San Ramon, CA 94583 Phone Number: 925-244-7500 AddressofSite:6145 Laurel Tree Road PROPERTY OWNER Name: James Ukegawa Address: 6145 Laurel Tree Lane Carlsbad, CA 92011 Phone Number: 760-603-4608 Local Agency (City and County):_C_i_ty_o_f_C_a_rl_s_b_a_d ______________ _ Assessor's book, page, and parcel number:_2_1_2_-_0_4_0_-5_6 _____________ _ Specify list(s):_N_A ___________________________ _ Regulatory Identification Number:_N_A _____________________ _ The Hazardous Waste and Substances Sites List (Cortese List) is used b the State, local agencies and developers to comply with the California Erfxironm nta ~ua~tOct requirements in providing information about the location of hazardous m!3t ffals release sites. P-1(C) Page 1 of2 JAN 12 2018 .... c~~ ~,...,"D CITY O,· ·"""· ~'-' .... r- p ~,~,. . . . '--' _:: . \ . _::. :, . Revised 02/13 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: -'~b_/_1-_,/~fq ________ (To be completed by City) Application Number(s): _C_--(~j.o_1<;_-_CJo~o_:J.. ___________________ _ General Information 1. Name of project: Aviara Apartments N f d I . t SummerHill Apartment Communities Investments, Inc. 2. ame o eve oper or proJec sponsor: __________________ _ 3. Address: 3000 Executuve Parkway #450 City, State, Zip Code: San Ramon CA 94583 Phone Number: 925-244-7500 Name of person to be contacted concerning this project: _K_e_v_i n_D_o_h_e_r_t_y _____ _ Address: 2 Venture, Suite 360 City, State, Zip Code: Irvine CA 92618 Phone Number: 949-537-3834 4. Address of Project: 6145 Laurel Tree Lane Assessor's Parcel Number: 212-040-56 ----------------------- 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Site Development Plan, Tentative Map, Coastal Development Permit, Hillside Development Permit, Habitat Management Plan Permit 6. Existing General Plan Land Use Designation: _R_3_0 ______________ _ 7. Existing zoning district: _R_D_-_M _____________________ _ 8. Existing land use(s ): _V_a_c_a_n_t,_I n_d_u_s_t_r_ia_l ______________ _ 9. Proposed use of site (Project for which this form is filed): Multi-Family Residential Project Description 10. Site size: _4_4_9_,9_3_3_s_f ___________________ _ 11. 12: 13. 14. P-1(0) Proposed Building square footage: 275,295 sf Number of floors of construction: _4 ___________________ _ Amount of off-street parking provided: _5_9_8 _________________ _ Associated projects: _N_/_A _______________________ _ Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: See attached· 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: NA 17. If industrial, indicate type, estimated employment per shift, and loading facilities: NA 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: NA 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: NA P-1(0) Page 3 of 4 Revised 07/10 Addendum to Environmental Information Form 20. Although much of the site is a previously graded pad, the project will be altering the contours of the site, specifically along the east and west sides adjacent to Aviara Parkway. 22. The project will change the character because the west site is occupied by a wholesale flower distribution business and the eastern site is vacant. 23. The project will generate significant amounts of waste compared to the wholesale flower distribution business which relatively does not generate a large amount of waste. 24. The construction of the project will temporarily generate dust. 26. There will be an increase in noise since vehicles will be driving and parking on a site that is currently vacant. 27. Slopes greater than 10% or more exist on the site and a Hillside Development Permit application is included in this submittal. 29. The project will generate change in demand for municipal services as it is currently vacant on the eastern site and the wholesale flower distribution businesses occupy the western site. 30. There will be an increase in fossil fuel consumption when compared to the existing wholesale flower distribution business. 32. Describe the proiect site as it exists before the proiect, 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. The project site is located just to the south of Palomar Airport Road and the intersection with Aviara Parkway. The entire site contains a total of 10.33 total acres and is bisected by Aviara Parkway thereby creating western and eastern lots and reducing the developable area to 8.22 acres. A majority of the western site is graded flat with the exception of slopes along the western boundary and northern boundary as well as slopes supporting two driveways from Aviara Parkway. An existing warehouse occupies the site and is currently utilized as a wholesale flower distribution business. The eastern site is vacant and graded flat with the exception of slopes along the western boundary supporting Aviara Parkway and slopes along the southern boundary supporting Laurel Tree Lane. A Slope Analysis was prepared for the project and a Hillside Development Permit is included as a part of the approval process. According to the geotechnical report prepared for the project site, surficial earth materials units at the site consist of undocumented artificial fill, roadway fill, underlain by alluvium, and in turn underlain by bedrock of the Santiago Formation. According to the Biological Resources report prepared, the project site supports six vegetation communities/habitat types, as classified in accordance with the Carlsbad HMP: southern willow scrub, Diegan coastal sage scrub (including disturbed), southern mixed Chaparral, non-native vegetation/ornamental, disturbed habitat, and developed land. 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. Surrounding land uses include open space and commercial to the north, open space to the east, and open space and two story single-family homes to the west, and two story multi-family residential to the south. Existing HMP Hard line designations overlaying the Encinas Creek corridor along the northern boundary of the site and slope areas in the extreme western portion of the site. EXISTING SITE PHOTOS Photo 1: West site from western side looking east. Photo 2: West Site from northern side looking south . Photo 3: West site from eastern side looking west. ,. -···+ .• , "j~:·. Photo 5: East site from northwest corner looking southeast. Photo 6: East site from northeast corner looking west. J:.. ..• Photo 7: Aerial of vicinity looking southwest. Photo 8: Aerial of vicinity looking northwest. Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or 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, 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: Yes No 0 □ □ 0 0 □ 0 □ 0 □ □ 0 0 □ 0 □ □ 0 0 □ 0 □ □ 0 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: Signature: For: P-1(0) Page 4 of 4 Revised 07/10 C_cicyof 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 require e t or whether all requirements are necessary for your particular application) please call (760) 02-4610. Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application ..- JAN 12 2018 CIT ✓ C C. ,.._, ~ I) PL, ' I DI\/,_ P-1(E) Page 1 of 1 Revised 07/10 C cicyof Carlsbad V TENTATIVE PARCEL MAP WAIVER OF PROCESSING TIME LIMITS P-1{F) Development Services Planning Division 1635 Faraday Avenue 760-602-4610 www .carlsbadca.gov Proposed Minor Subdivision No.: ___________ _ Subdivision Map Act (SMA) Section 66452.1 sets a 50-day time limit for the Planning Division to process tentative parcel maps. Per SMA Section 66451 .1, this time limit may be extended by mutual consent of the applicant and the city to allow for concurrent processing of related approvals or an environmental review of the project. By accepting applications for tentative parcel maps concurrently with applications for other approvals that are prerequisites to the map (e.g., Environmental Information Form, Environmental Impact Report, Condominium Permit, Planned Unit Development), the 50-day time limit is often exceeded. For the city to process a tentative parcel map application concurrently, the property owner or applicant must sign this agreement. If this agreement is not signed, the city will accept the tentative parcel map application only after all prerequisites to the map have been processed and approved. The undersigned acknowledges the processing time required by the city is expected to exceed the 50-day time restriction and hereby waives such time restriction for city planner action. P-1 (F) j , J ~ner is (check one): 4-.~ l/1 (L. c._v°'-i l 1,..-I g ~Property Owner □Applicant Print Name Date .,. - JAN 12 2018 CITY pl," I• U ;__;,\ I Rev. 04/13 C cicy of Carlsbad TENTATIVE PARCEL MAP TENANT NOTIFICATION STATE EN.T Development Services _ _, (Statement of Compliance with Subdivision Map Act Sect. 66427.1) JAN 1 2 2018 P-1(G) Proposed Minor Subdivision No.: ___________ _ Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov I hereby certify that I have read Subdivision Map Act Section 66427.1 (provided below) and that I will make all notifications to the tenants required therein . L W ~ -~-,~--=~'-----"--'-'-u~~v -~ _ fjiature (f Print Name ~ 0Property Owner □Applicant ~ ..aO o oL C¾nature ~ {,/z . i'b Print Name Date □Property Owner ~pplicant Subdivision Map Act Section 66427 .1 (a) The legislative body shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project, unless it finds as follows: (1 ) Each tenant of the proposed condominium, community apartment project, or stock cooperative project, and each person applying for the rental of a unit in the residential real property, has received or will have received all applicable notices and rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 66451 ). (2) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received or will receive each of the following notices: (A) Written notification, pursuant to Section 66452.9, of intention to convert, provided at least 60 days prior to the filing of a tentative map pursuant to Section 66452. (B) Ten days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, that the period for each tenant's right to purchase begins with the issuance of the final public report, and that the report will be available on request. (C) Written notification that the subdivider has received the public report from the Department of Real Estate. This notice shall be provided within five days after the date that the subdivider receives the public report from the Department of Real Estate. (D) Written notification within 10 days after approval of a final map for the proposed conversion. (E) One hundred eighty days' written notice of intention to convert, provided prior to termination of tenancy due to the conversion or proposed conversion pursuant to Section 66452.11 , but not before the local authority has approved a tentative map for the conversion. The notice given pursuant to this paragraph shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent, or the obligations imposed by Sections 1941, 1941.1, and 1941 .2 of the Civil Code. (F) Notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant. The exclusive right to purchase shall commence on the date the subdivision public report is issued, as provided in Section 11018.2 of the Business and Professions Code, and shall run for a period of not less than 90 days, unless the tenant gives prior written notice of his or her intention not to exercise the right. (b) The written notices to tenants required by subparagraphs (A) and (B) of paragraph (2) of subdivision (a) shall be deemed satisfied if those notices comply with the legal requirements for service by mail. (c) This section shall not diminish, limit or expand, other than as provided in this section, the authority of any city, county, or city and county to approve or disapprove condominium projects. (d) If a rental agreement was negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean, all required written notices regarding the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project shall be issued in that language. P-1(G) Page 1 of 1 Revised 11/12 Y' (_ Cit y of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 I INSTRUCTIONS: 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 PROJECT NAME: Aviara Apartments (East) PROJECT ID: TBD ADDRESS: 1305 Aviara Parkway APN: 212-040-56-00 The project is (check one): [Z] New Development D Redevelopment The total proposed disturbed area is: 70,762 ft2 ( 1.62 ) acres The total proposed newly created and/or replaced impervious area is: 60,320 ft2 ( 1.38 ) 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 CT2018-0002 SWQMP#: N/A 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 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 □ [Z] 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): N/A 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 □ □ IZl □ IZl lf 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): N/A If ou answered "no" to the above uestions, our ro·ect is not exem t from PDP, go to Step 3. E-34 Page 2 of 4 REV 02/16 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, and ublic development ro ·ects on ublic or rivate 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 more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public develo ment ro ·ects on ublic or rivate 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 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 develo ment ro·ect includes develo ment on an natural slo e that is twent -five ercent or realer. 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 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 freeway or driveway? A street, road, highway, freeway or driveway is any paved impervious surface used for the trans ortation of automobiles, trucks, motorc cles, 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 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 pro ·ect to the ESA i.e. not commingled 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 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 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 er da . 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land 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 21,203.040 □ IZl □ Ill IZl □ □ □ Ill □ □ IZl □ Ill □ □ Ill IZl Ill □ !Zl 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 statin "M ro'ect is a 'STANDARD PROJECT' ... " and complete a licant information. E-34 Page 3 of 4 REV 02/16 STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY 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) = O sq. ft. □ [l] Total proposed newly created or replaced impervious area (B) = 60 ,320 sq. ft. Percent impervious area created or replaced (B/A)*100 = N/A % 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 statinq "My project is a PDP ... " and complete aoolicant information. STEP 5 CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION Ill 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. 0 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 REC Consultants Applicant Name: Jonathan Raab Rydeen, REC Con sultants Applicant Title: Project Manager Applicant Signature:.A ~ w~ Date: 7/1 7/18 C J () ,, . , • Environmentally Sens1t1ve Areas Include but are not hm1ted lo all Clean Water Act Secl\On 303(d) Impaired waler bodies; areas designated as Areas of Special Biological Significance by the Stale Waler Resources Control Board (Waler Quality Control Plan for the San Diego Basin (1994) and amendments); waler bodies designated with the RARE beneficial use by the Slate 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. This Box for Citv Use Onlv YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 02/16 ~ {_ Cit y of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 I INSTRUCTIONS: 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 PROJECT NAME: Aviara Apartments (West) PROJECT ID: TBD ADDRESS: 1205 Aviara Parkway APN: 212-040-56-00 The project is (check one): 0 New Development 1Z1 Redevelopment The total proposed disturbed area is: 239,339 ft2 ( 5.49 ) acres The total proposed newly created and/or re placed impervious area is: 209,259 ft2 ( 4.80 ) 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 CT2018-0002 SWQMP#: N/A 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 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 D !ZI 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): N/A ou answered "no" to the above uestion, the ro·ect is a 'development project', go to Ste ,,..,....~-~,.,,.--,-.,,.-,-,.......,,~-,-----,-,---,--:-,--.-----, ;;,·~}n:>]31f9.QJ~lt~1ft~:i~~;tEtfqf~i:bQeM~NT ettQJ.~9!§> 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 : YES NO 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; 0 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? D D !ZI [Z] 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): N/A If ou answered "no" to the above uestions, our ro·ect is not exem t from PDP, o to Step 3, E-34 Page 2 of 4 REV 02/16 To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )}: 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, and ubfic development ro ·eels on public or rivate 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 more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public devefo ment pro ·eels on ub/ic 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 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 develo ment ro·ect includes develo ment on an natural slo e that is twent -five ercent or realer. 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 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 freeway or driveway? A street, road, highway, freeway or driveway is any paved impervious surface used for the trans ortation of automobiles, trucks, motorc c/es, 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 200 feet or fess from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the pro·ect to the ESA (i.e. not commin led 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 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 RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic AD T of 100 or more vehicles er da . 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land 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 21.203.040 YES NO □ IZl IZl □ IZl D □ [Z] [Z] □ IZl □ □ [Z] □ [Z] □ [Z] [Z] □ □ IZl 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 statin "M ro·ect is a 'STANDARD PROJECT' ... " and com lete a licant information. E-34 Page 3 of 4 REV 02/16 STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY 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) = 155· 1 OO sq. ft. □ Total proposed newly created or replaced impervious area (B) = _2_0_9_•2_5_9 ________ sq. ft. Percent impervious area created or replaced (B/A)*100 = _1_3_4_·9 ___ % 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 BMP's required for PDP apply to the entire development. Go to step 5, check the check the first box statin "M ro·ect is a PDP ... " and com lete a licant information. STEP 5 CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION Ill 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. 0 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 REC Consultants Applicant Name: Jonathan Raab Ryd een, REC Consultants Applicant Title: Project Manager Date: 7/17/18 • Environmentally Sensitive Areas Include but are not lim, lo all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the Stale Water Resources Control Board (Waler 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 1•~thin the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been Identified by the Cily. This Box for City Use Only YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 02/16 • {. " Aviara Apartments Project Site Photos of Staked Limits of Development For the West Parcel e Fidelity National Title Company 1300 Dove Street, Suite 310, Newport Beach, CA 92660 Phone: (949) 622-5000• Fax: Issuing Policies of Fidelity National Title Insurance Company Title Officer: Curtis Taplin (MA) Escrow Officer: Bobbie Purdy TO: Anastasi Development Company 511 Torrance Blvd, Suite #101 Redondo Beach, CA 90277 ATTN: .Tom McDermott YOUR REFERENCE: PROPERTY ADDRESS: 6145 Laurel Tree Road, Carlsbad, CA AMENDED PRELIMINARY REPORT Order No.: 002-23080013-B-CTl In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed &ceptions and &clusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner 's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a California Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Countersigned by: Cl Authorized Signature CLTA Preliminary Report Form -Modified (11/17/06) Page 1 ,.._ '-' Fidelity National Title Company 1300 Dove Street, Suite 310, Newport Beach, CA 92660 Phone: (949) 622-5000• Fax: AMENDED PRELIMINARY REPORT EFFECTIVE DATE: July 13, 2016 at 7:30 a.m., Amended: July 28, 2016, Amendment No. B ORDER NO.: 002-23080013-B-CTl The form of policy or policies of title insurance contemplated by this report is: CLTA Standard Coverage Policy (04-08-14) 1. THE EST ATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee as to Parcel(s) 1 Easement(s) more fully described below as to Parcel(s) 2 2. TITLE TO SAID ESTA TE OR INTEREST AT THE DA TE HEREOF IS VESTED IN: JAMES S. UKEGA WA, a Married Man as his Sole and Separate Property 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CL TA Preliminary Report Form -Modified ( 11/17 /06) Page 2 PRELIMINARY REPORT Your Reference: EXHIBIT A LEGAL DESCRIPTION Fidelity National Title Company Order No.: 002-23080013-B-CTI THE LAND REFERRED TO HEREIN BELOW IS SITU A TED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: (ASSESSOR'S PARCEL NO: 212-040-56-00) THAT CERTAIN PORTION OF LOT "G" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER COMMON TO PARCELS "B" AND "C" OF PARCEL MAP NO. 2993, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL "C", NORTH 73°25'32" EAST, 218.15 FEET TO THE BEGINNING OF A TANGENT CURVE CONCA VE SOUTHERLY AND HA YING A RADIUS OF 800.00 FEET; THENCE LEA YING SAID SOUTHERLY LINE, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°52'27" AN ARC LENGTH OF 319.58 FEET; THENCE TANGENT TO SAID CURVE SOUTH 83°4201" EAST, 254.06 FEET; THENCE SOUTH 81 °37'46" EAST, 525.00 FEET TO A POINT IN THE SOUTHWESTERLY EXTENSION OF THE SOUTHEASTERLY LINE OF PARCEL "D", OF SAID PARCEL MAP NO. 2993; THENCE SOUTHWESTERLY ALONG SAID EXTENSION SOUTH 13°36'43" WEST, 114.38 FEET; THENCE SOUTH 71°35'51" WEST, 1165.74 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL "B"; THENCE NORTHWESTERLY ALONG THE NORTHEAST LINE OF SAID PARCEL "B" NORTH 18°24'09" WEST, 519.41 FEET TO THE POINT OF BEGINNING. PURSUANT TO CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS INSTRUMENT NO. 1985- 359769 OF OFFICIAL RECORDS. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES OVER ALL THAT PORTION OF PARCEL D OF PARCEL MAP 2993 AND A PORTION OF LOT "G" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY SAN DIEGO, STA TE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL "D"; THENCE SOUTH 13°36'43" WEST ALONG THE EASTERLY LINE THEREOF, 13.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 13°36'43" WEST ALONG SAID EASTERLY BOUNDARY AND THE SOUTHERLY PROLONGATION THEREOF, 531.99 FEET; THENCE NORTH 81°37'46" WEST 30.13 FEET; THENCE NORTH 13°36'43" EAST, 533.43 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL MAP; THENCE ALONG SAID NORTHERLY LINE, SOUTH 78°54'09" EAST 30.03 FEET TO THE TRUE POINT OF BEGINNING. CLTA Preliminary Report Form -Modified (I 1/17/06) Page 3 PRELIMINARY REPORT Your Reference: Fidelity National Title Company Order No.: 002-23080013-B-CTl EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2016-2017. B. INTENTIONALLY DELETED C. 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. D. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. 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 County Public road October 5, 1899 Book 280, Page 292, of Deeds A portion of said land as more particularly described in said document. 3. 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 & Electric Company Aerial and underground public utilities March 19, 1947 Instrument No. 30046, Book 2365, Page 175, Official Records A portion of said land as more particularly described in said document. 4. 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: Affects: San Diego Gas & Electric Company Aerial and underground public utilities August 14, 1957 Instrument No. 122214, Book 6706, Page 514, Official Records A portion of said land as more particularly described in said document. Parcels 1 and 2 5. INTENTIONALLY DELETED CL TA Preliminary Report Form -Modified ( l l /l 7 /06) Page4 PRELIMINARY REPORT Your Reference: Fidelity National Title Company Order No.: 002-23080013-B-CTI EXCEPTIONS (Continued) 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: Affects: Title Insurance and Trust Company, et al Roadway and utility February 2, 1961 Instrument No. 18947, Official Records A portion of said land as more particularly described in said document. Parcels 1 and 2 7. 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: Affects: Carlsbad Municipal Water District Water pipe line December 28, 1961 Instrument No. 223207, Official Records A portion of said land as more particularly described in said document. Parcels 1 and 2 8. INTENTIONALLY DELETED 9. Rights of the public to any portion of the Land lying within the area commonly known as Laurel Tree Road. Affects: Parcels 1 and 2 10. 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 & Electric Company Aerial and underground public utilities September 12, 1967 Instrument No. 138908, Official Records A portion of said land as more particularly described in said document. 11. 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 & Electric Company Aerial and underground public utilities August 22, 1968 Instrument No. 145015, Official Records A portion of said land as more particularly described in said document. 12. Certificate of Compliance Under (Section 11538.3 of the Business & Professions Code) Recording Date: September 27, 1985 Recording No: Instrument No. 1985-359769, Official Records Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form -Modified (11/17/06) Page 5 PRELIMINARY REPORT Your Reference: EXCEPTIONS (Continued) Fidelity National Title Company Order No.: 002-23080013-B-CTI 13. Matters contained in that certain document Entitled: Dated: Road and Utility Improvements November 15, 1988 Executed by: Frazee Properties Carlsbad, a California Limited Partnership and Richard C. Kelly and Robert Patrick Kelly as Trustees of the Kelly Family Trust UDT dated November 25, 1985 and Davidson Communities Inc., a California Corporation Recording Date: November 29, 1988 Recording No: Instrument No. 1988-608758, Official Records Reference is hereby made to said document for full particulars. Affects: Parcels 1 and 2 14. Following recital on Easement Deed from Richard C. Kelly and Robert Patrick Kelly, Trustees Under Declaration of Trust dated November 25, 1985 to Frazee Properties Carlsbad, a California Limited Partnership recorded December 10, 1992 as Instrument No. 1992-0793565 of Official Records. The herein granted easement shall terminate and be of no further effect at which time a permanent alternative to the property described herein is dedicated to public use and accepted by the City of Carlsbad. Affects: Parcel 2 15. INTENTIONALLY DELETED 16. A Notice Entitled: Recording Date: Recording No: Notice of Grading Violation May 2, 1996 Instrument No. 1996-0223872, Official Records Reference is hereby made to said document for full particulars. 17. 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 & Electric Company Aerial and underground public utilities June 18, 1997 Instrument No. 1997-0282713; Official Records A portion of said land as more particularly described in said document. 18. Matters contained in that certain document Entitled: Certified Copy of Resolution No. 97-528, Overruling and Denying Protests and Establishing Bridge and Thoroughfare District No. 2 (Aviara Parkway-Poinsettia Lane) to Finance the Costs of Major Public Improvements in said City Executed by: City of Carlsbad and current owner Recording Date: July 22, 1997 Recording No: Instrument No. 1997-0349124, Official Records Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form -Modified (11/17/06) Page 6 PRELIMINARY REPORT Your Reference: Fidelity National Title Company Order No.: 002-23080013-B-CTI EXCEPTIONS (Continued) 19. 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: City of Carlsbad, a municipal corporation Public street and public utilities March 10, 2000 Instrument No. 2000-0123723, Official Records A portion of said land as more particularly described in said document. 20. 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: City of Carlsbad, a municipal corporation Construction and maintenance of an embankment slope for roadway support March 10, 2000 Instrument No. 2000-0123724, Official Records A portion of said land as more particularly described in said document. Limitations on the use, by the owners of said Land, of the easement area as set forth in the easement document shown hereinabove. Reference is hereby made to said document for full particulars. 21. INTENTIONALLY DELETED 22. Easement(s) for the purpose(s) shown below and rights incidental thereto as condemned by an instrument, Entitled: Court: Case No.: Purpose: Recording Date: Recording No: Affects: Final Order of Condemnation Superior N73928-1 Street and public utilities, drainage, slope and construction April 10, 2000 Instrument No. 2000-0180600, Official Records A portion of said land as more particularly described in said document. 23. 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: City of Carlsbad, a municipal corporation Public street and public utility purposes September 21, 2001 Instrument No. 2001-0682746, Official Records A portion of said land as more particularly described in said document. 24. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor Trustee: $2,000,000.00 January 21, 2016 James S. Ukegawa, a married man as his sole and separate property Lawyers Title Company Beneficiary: Emerald Holdings Inc., a California Corporation as to an undivided 50% interest and Gail E. Mumma, Trustee of The Gemfinco Trust, date 2/22/1996, as to an undivided 50% interest, all as tenants in common Loan No.: 15-1639 Recording Date: January 27, 2016 Recording No: Instrument No. 2016-0036320, Official Records CL TA Preliminary Report Form -Modified ( 11/17 /06) Page 7 PRELIMINARY REPORT Your Reference: Fidelity National Title Company Order No.: 002-23080013-B-CTI EXCEPTIONS (Continued) 25. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 26. Matters which may be disclosed by an inspection and/or by a correct AL TA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 27. Any right, interest or claim that may exist, arise or be asserted against the Title under or pursuant to the Perishable Agricultural Commodities Act of 1930, as amended, 7 USC 499a et seq., the Packers and Stockyard Act of 1921, as amended, 7 USC 181 et seq., or any similar state laws. THE FOLLOWING ITEMS AFFECT PARCEL 2: 28. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on Map: Recording No: Record of Survey Map No. 5715 5715, of Record of Surveys 29. An easement for roadway and utility and incidental purposes as disclosed by Record of Survey Map No. 5715. 30. An irrevocable offer to dedicate an easement over a portion of said Land for Purpose(s): Recording Date: Recording No: Affects: Public right of way purposes July 25, 1974 Instrument No. 74-200025, Official Records Over and across the Northerly 13 feet 31. A "13' future street openings" and "42' future street opening (Kelly Dr.)" as shown on Parcel Map No. 2993. 32. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: Recording No: Purpose: Affects: Parcel Map No. 2993 2993, of Parcel Maps 30' Private road and utility easement As shown on said Map CLTA Preliminary Report Form -Modified (11/17/06) Page 8 PRELIMINARY REPORT Your Reference: EXCEPTIONS (Continued) 33. An instrument entitled "Future Improvement Agreement" Executed by: Carroll R. Kelly Fidelity National Title Company Order No.: 002-23080013-B-CTI In favor of: Recording Date: City of Carlsbad, a Municipal Corporation of the State of California August 23, 1974 Recording No: Instrument No. 74-230330, Official Records Which among other things provides: As provided therein. Reference is hereby made to said document for full particulars. This covenant and agreement provides that it shall be binding upon any future owners, encumbrancers, their successors or assigns, and shall continue in effect until the advisory agency approves termination. 34. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Agreement Between Developer-Owner and the City of Carlsbad for the Payment of a Public Facilities Fee October 25, 1982 Richard Carroll Kelly, Robert Patrick Kelly and the City of Carlsbad, a municipal corporation November 8, 1982 Instrument No. 82-343970, Official Records Reference is hereby made to said document for full particulars. 35. 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, source of income, gender, gender identity, gender expression, medical condition or genetic information, 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: July I 0, 1989 Recording No: Instrument No. 89-362401. Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 36. A Conditional Certificate of Compliance Recording Date: February 15, 1990 Recording No: Instrument No. 1990-085877, Official Records PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Report Form -Modified (11/17/06) Page 9 ~ ......I PRELIMINARY REPORT Your Reference: Fidelity National Title Company Order No.: 002-23080013-B-CT1 REQUIREMENTS SECTION 1. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s), Party(s): All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. 2. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. END OF REQUIREMENTS CLTA Preliminary Report Form -Modified (11/17/06) Page 10 PRELIMINARY REPORT Your Reference: - INFORMATIONAL NOTES SECTION Fidelity National Title Company Order No.: 002-23080013-B-CTl 1. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 2. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. 3. Note: Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Homeowners Exemption: Code Area: Curtis Taplin (MA)/en0 212-040-56-00 2015-2016 $9,612.89 $9,612.89 $0.00 09018 END OF INFORMATIONAL NOTES CLTA Preliminary Report Form -Modified (11/17/06) Page 11 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF", "our" or "we"), we value the privacy of our customers. This Privacy Notice explains how we collect, use, and protect your information and explains the choices you have regarding that information. A summary of our privacy practices is below. We also encourage you to read the complete Privacy Notice following the summary. Types of Information Collected. You may provide us with certain personal information, like your contact information, social security number (SSN), driver's license, other government ID numbers, and/or financial information. We may also receive information from your Internet browser, computer and/or mobile device. Use of Your Information. We may use your information to provide products and services to you ( or someone on your behalf), to improve our products and services, and to communicate with you about our products and services. We do not give or sell your personal information to parties outside of FNF for their use to market their products or services to you. Choices With Your Information. Your decision to submit personal information is entirely up to you. You can opt-out of certain disclosures or use of your information or choose to not provide any personal information to us. Information From Children. We do not knowingly collect information from children under the age of 13, and our websites are not intended to attract children. Access and Correction. If you desire to see the information collected about you and/or correct any inaccuracies, please contact us in the manner specified in this Privacy Notice. The California Online Privacy Protection Act. Certain FNF websites collect information on behalf of mortgage loan servicers. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through those websites. Your Consent To This Privacy Notice. By submitting information to us and using our websites, you are accepting and agreeing to the terms of this FNF Privacy Notice Effective: April I, 2016 How Information is Collected. We may collect personal information directly from you from applications, forms, or communications we receive from you, or from other sources on your behalf, in connection with our provision of products or services to you. We may also collect browsing information from your Internet browser, computer, mobile device or similar equipment. This browsing information 1s generic and reveals nothing personal about the user. Security Of Your Information. We utilize a combination of security technologies, procedures and safeguards to help protect your information from unauthorized access, use and/or disclosure. We communicate to our employees about the need to protect personal information. When We Share Information. We may disclose your information to third parties providing you products and services on our behalf, law enforcement agencies or governmental authorities, as required by law, and to parties with whom you authorize us to share your information. Privacy Outside the Website. We are not responsible for the privacy practices of third parties, even if our website links to those parties' websites. Do Not Track Disclosures. We do not recognize "do not track" requests from Internet browsers and similar devices. International Use. By providing us with your information, you consent to the transfer, processing and storage of such information outside your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. Contact FNF. If you have questions or wish to contact us regarding this Privacy Notice, please use the contact information provided at the end of this I Privacy Notice. FNF Privacy Notice Effective: April I, 2016 I Privacy Notice. FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE FNF respects and is committed to protecting your privacy. We pledge to take reasonable steps to protect your Personal Information (as defined herein) and to ensure your information is used in compliance with this Privacy Notice. This Privacy Notice is only in effect for information collected and/or owned by or on behalf of FNF, including collection through any FNF website or online services offered by FNF (collectively, the "Website"), as well as any information collected offiine (e.g., paper documents). The provision of this Privacy Notice to you does not create any express or implied relationship, nor create any express or implied duty or other obligation, between FNF and you. Types oflnformation Collected We may collect two types of information: Personal Information and Browsing Information. Personal Information. The types of personal information FNF collects may include, but are not limited to: contact information (e.g., name, address, phone number, email address); social security number (SSN), driver's license, and other government ID numbers; and financial account or loan information. Browsing Information. The types of browsing information FNF collects may include, but are not limited to: Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; browser language; browser type; domain name system requests; browsing history; number of clicks; hypertext transfer protocol headers; and application client and server banners. How Information is Collected In the course of our business, we may collect Personal Information about you from the following sources: applications or other forms we receive from you or your authorized representative, whether electronic or paper; communications to us from you or others; information about your transactions with, or services performed by, us, our affiliates or others; and information from consumer or other reporting agencies and public records that we either obtain directly from those entities, or from our affiliates or others. We may collect Browsing Information from you as follows: Browser Log Files. Our servers automatically log, collect and record certain Browsing Information about each visitor to the Website. The Browsing Information includes only generic information and reveals nothing personal about the user. Cookies. From time to time, FNF may send a "cookie" to your computer when you visit the Website. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. When you visit the Website again, the cookie allows the Website to recognize your computer, with the goal of providing an optimized user experience. Cookies may store user preferences and other information. You can choose not to accept cookies by changing the settings of your Internet browser. If you choose not to accept cookies, then some functions of the Website may not work as intended. FNF Privacy Notice Effective: April 1, 2016 Use of Collected Information Information collected by FNF is used for three main purposes: To provide products and services to you, or to one or more third party service providers who are performing services on your behalf or in connection with a transaction involving you; To improve our products and services; and To communicate with you and to inform you about FNF's products and services. When We Share Information We may share your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information with certain individuals and companies, as permitted by law, without first obtaining your authorization. Such disclosures may include, without limitation, the following: to agents, representatives, or others to provide you with services or products you have requested, and to enable us to detect or prevent criminal activity, fraud, or material misrepresentation or nondisclosure; to third-party contractors or service providers who provide services or perform other functions on our behalf; to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or to other parties authorized to receive the information in connection with services provided to you or a transaction involving you. We may disclose Personal Information and/or Browsing Information when required by law or in the good-faith belief that such disclosure is necessary to: comply with a legal process or applicable laws; enforce this Privacy Notice; investigate or respond to claims that any information provided by you violates the rights of a third party; or protect the rights, property or personal safety of FNF, its users or the public. We make efforts to ensure third party contractors and service providers who provide services or perform functions on our behalf protect your information. We limit use of your information to the purposes for which the information was provided. We do not give or sell your information to third parties for their own direct marketing use. We reserve the right to transfer your Personal Information, Browsing Information, as well as any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of this information in connection with any of the above-described proceedings. We cannot and will not be responsible for any breach of security by any third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit your information to FNF is entirely up to you. If you decide not to submit your information, FNF may not be able to provide certain products or services to you. You may choose to prevent FNF from using your information under certain circumstances ("opt out"). You may opt out of receiving communications from us about our products and/or services. Security And Retention Oflnformation FNF is committed to protecting the information you share with us and utilizes a combination of security technologies, procedures and safeguards to help protect it from unauthorized access, use and/or disclosure. FNF trains its employees on privacy practices and on FNF's privacy and information security policies. FNF works hard to retain information related to you only as long as reasonably necessary for business and/or legal purposes. Information From Children The Website is meant for adults. The Website is not intended or designed to attract children under the age of thirteen (13). We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. Privacy Outside the Website The Website may contain links to other websites, including links to websites of third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users Because FNF's headquarters is located in the United States, we may transfer your Personal Information and/or Browsing Information to the United States. By using our website and providing us with your Personal Information and/or Browsing Information, you understand and consent to the transfer, processing and storage of such information outside your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. Do Not Track Disclosures Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. The California Online Privacy Protection Act For some websites which FNF or one of its companies owns, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalfofthat mortgage loan servicer, including: first and last name; property address; user name and password; loan number; social security number -masked upon entry; email address; security questions and answers; and IP address. FNF Privacy Notice Effective: April I, 2016 The information you submit is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than those with which the mortgage loan servicer has contracted to interface with the CCN application. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled Choices with Your Information, and Access and Correction. If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, contact your mortgage loan servicer. Access and Correction To access your Personal Information in the possession of FNF and correct any inaccuracies, please contact us by email at privacy@fnf.com or by mail at: Fidelity National Financial, Inc. 601 Riverside A venue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of information by FNF in compliance with this Privacy Notice. We reserve the right to make changes to this Privacy Notice. If we change this Privacy Notice, we will post the revised version on the Website. ContactFNF Please send questions and/or comments related to this Privacy Notice by email at privacy@fnf.com or by mail at: Fidelity National Financial, Inc. 601 Riverside A venue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright© 2016. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF APRIL 1, 2016 C Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company FNTC -Fidelity National Title Company FNTCCA-Fidelity National Title Company of California Available Discounts FNF Underwriter FNTIC -Fidelity National Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (FNTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 or 36 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge. DISASTER LOANS (FNTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date ofa declaration ofa disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. CA Discount Notice Effective Date: 12/02/2014 ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; ( c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. 2. 3. 4. 5. 6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. Easements, liens or encumbrances, or claims thereof, not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALT A HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; Attachment One (4-2-15) CA & NV C d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; Attachment One (4-2-15) CA & NV (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Claimant; ( d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk l l(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B -Part II,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (PART I (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and IO); or Attachment One (4-2-15) CA & NV (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk l l(b) or 25. Attachment One (4-2-15) CA & NV 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (4-2-15) CA & NV 1:109 , ... '0 i ; I !I ii :, !'- 111 ~ O N ~ -If N I!! ~ II .. !lo ; • iii' :, ... ... II .., ~ !'- I:' ,li1 1· i ® il • ! i !lo ~ it • ;; !! il :, l! ;r • -l .. I!. .. :I I ~ I g_ I "1 I .. ii I"' ' @ SHT 2 _,¢! ~IECOR ~,o" ,~,. f.':.~-;'tff Of 017-:U5970 ....... ~41~,13'13'W DETAIL"C" SCALE: 1"-100' l! @ SHT 1 ~ /! A 881 ":14'01"E 0.01 rETAIL:S: l',()SCAl£ • ----• :--'!'"-~'!t'_ •• "-laio .. -----------15 1 15 115 1534 ---2,r---- SHT 1 -------I @ . ..__ .... .~~ --~'~,;·~ \ ~ ~\ '>"l r" ~ Q ~,\ y Qv ~ ~ SHT 4 .i.. 1 1• OPEN SPACE Z-PAR 2 0.7t5AC PER PM 3'"PAR3 0.75AC PER PM ◄'"NO ACCESS s•TRALESMT &• NO ACCESS Q.'10>~ s· ~ ;i =>' ~-~~ ! ~ ib 3 .. 0 • .i! [ii~ • <1> C: ii" Q. -a -fi-i.-:, a ii iii :, :, s- !Jt iii g.lQ ~i.-i[ Ill <1> -g.{l~i :,~Q.Q. ~ a & GI I"' i., : 3 ~ ~ ~ii[ 1 g_;.. s- !Jt C,:, ~ a"=~ Ill !l .... -QJ :, i' S' ,!~2.IQ .. ol .. s 0 <1> .. <II ~ i ~ : ?-i?.~ i ...... ~:, !~s! i'=" .. " ol S, ii"& .... ~ g_ 5ii-r; ! "'la s-<1>.r-CII ~ Q.:, a · i ~1~~ ... a <5" :, ,:, :, 0 -0 ; ~ QI ~ :~ a <1> s-il i?. 212-04 1·100. 11/1!0/13 IM.I. ✓ 'iJ (--iANC·F.S • i::an1 .. ..,, :IS ·ro .. , ,,_. ,I# -,_.,, -~ 14 ,., _,_, -_,_ -...... --, .... ... ... ., .... ,., .. -£• .,,,_ .. ,., .. J-,,i '"" is ~-,~ " 11<• fl ir.- .ff ,.,, ... " .. -Ill 1"11 ,, .,., '1 .. ,. II 11DI .. 11 naa: .. .. u 00 Oll4853 51 .. 22 .. . ,-.. IDOl11 .. ,,.,. __ 79 . , ,,v• .., . _., s ti 1513 41 _,.,, OD 11JD ., ... 2Z 00 111 .... 82-11100 11157 00 PC 23 01 1 .. ~• DI 4107 !le 't/fV 02 47'54 fi,' .. DZ. 2115 ..... ,,..,,.. 03 4701 G3-87 -70 04 ~ 88 II~ 4702 81 5m 00 1= "" 279 25 171 a72 08 112t I I @9 SAN DIEGO COUNTY ASSESSOR'S MAP BOOK 212 PG 04 SHT 1 OF 2 l~iwi~:!f~rkr!~stf:58~~:J!~I GI MAP 823 -RHO AGUA HEDIONDA-POR LOT G -MM514 ROS 5715,8846,13466,15061,17412 .. .. OWNER'S DECLARATION The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at b. further described as follows: See Preliminary Report/Commitment No. 23080013-002-RP-CTI for full legal description (the "Land"). Declarant is the of -------------------------------("Owner"), which is the owner or lessee, as the case may be, of certain premises located at -------------------------------------' further described as follows: See Preliminary Report/Commitment No. 23080013-002-RP-CTI for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with ___________________ upon the Land in the approximate total sum of $ ____ ~ but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: --------------------------------· Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Fidelity National Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy ( and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment. 5. The Land is currently in use as ___________ occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. This declaration is made with the intention that Fidelity National Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on __ at Signature: ___________ _ MISC0220.doc -Owner's Declaration (Rev. 05/05/15) I ' RECORDING REQUESTED BY: 16 ASARO, KEAGY, FREELAND & MCKINLEY r1 By: RICHARD R. FREELAND, ESQ. !}.If Fourth Floor, 3170 Fourth Avenue llS San Diego, CA 92103 Nr (619) 297-3170 I V AND WHEN RECORDED MAIL TO: ASARO, KEAGY, FREELAND & MCKINLEY By: RICHARD R. FREELAND,. ESQ. Fourth Floor, 3170 Fourth Avenue San Diego, CA 92103 (619) 297-3170 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2044 DOC~ 2000-0180600 APR 10, 2000 11:03 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE t:iElR\' J. SMITH, mtffi' RIDJRDER FEES: 0.00 11n11mmmr 2000·0180600 This Spac• for Recorder's Use Only Exempt From Filing Fees Per Gov. Code Sec. 6103 FINAL ORDER OF CONDEMNATION SAN DIEGO SUPERIOR COURT CASE NO. N73928-1 APR'3 0 2018 ClTY Oi 0 , ?L.,... D P:.../'_,J,,l,J~~ J, .J J;;~WPI) I ...-, 23000013 Doc, 2000-180000 REC AU. Page 1 ol 21 ,~ D CITY o;-r" _....., ·~ 0 r-I s ...), }.:,. -'• .. ~ .. "'' "'''"' o-eated Dy: Cindy Jett Printed: 4/20/2016 11:49:04 AM ~ t· 1 2 3 4 s 6 7 8 9 10 11 12 EXEMPT FR.OM FJLING FEES PER. GOVERNMENT CODE § 6103 MAR 31 2000 BY:S.KUSH IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO CITY OF CARLSBAD, Plaintiff, v. No. N 73928-1 FINAL ORDER OF CONDEMNATION Complaint Filed 'l/13/97 13 JAMES S. UKEGAWA, et al., ) ) ) ) ) ) ) ) ) Hon. Michael Anello, Dept. 26 Defendants. 14 15 16 _________________ ) It appearing to the Court that judgment in condemnation has been entered in the above- 17 entitled action on January 20, 2000, adjudging that Plaintiff is entitled to take by condemnation the 18 property described in the judgment on file herein and more fully described hereafter and in 19 accordance with this judgment, Plaintiff has paid the sum of money due; 20 NOWTIIEREFORE,ITISHEREBYORDERED,ADJUDGED,ANDDECREED that 21 the real property and real property interests situated in the County of San Diego, State of California, 22 and more particularly described in Exhibit "A" attached hereto and made a part hereof, be 23 condemned to Plaintiff for the purpose of the '' A viara Parkway Project" in the manner proposed by 24 Plaintiff in furtherance of public and general welfare. 25 Ill 26 /// 27 28 E:\nwl\CAJU.sBAl>\Uccpwa\FiDIIOrd.wpl 1 FINAL ORDER. OF CONDEMNATION Order: 2308Cll13 Doo: 2000-lllOftll] REC AU Page 2 of21 CraalBd By: Cindy Jatt _, 4/20/2016 11:49:~ AM 2046 • 1 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a certified copy of 2 this Order be recorded in the Office of the County Recorder of the County of San Diego, State of 3 California, and thereupon, title to said property described herein shall vest in Plaintiff. 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 O"dBr: 23080013 Doc: 2000-180600 REC All Dated: MAR 31 200tl E;'lmad\CARLSBAl:>\UkqawalfiaaJOnl,wpd 2 Judge of the Superior Court TI,$ for.:g!!lng instrument_ Is~ fut!, 1ru! end caneet coµy of r,ra origin&! en hie 111 ttus office. _a-~O~ -~iW-i i,&~Mi+~ . Ck:i~ Cif t'.;a ~!!Pl!rilJI Court of th~ State of Ca~rn,a, in and for tht: Cc:.nty of Szn Diego. BY.---=5~\p,,.4~&k~--Deputv FINAL ORDER OF CONDEMNATION Created By: Cindy Jett Printed: 4/20/2016 11:49:05 AM 2047 EXHIBIT A _ O"der: 23IBI013 Doc: 21JOO-UI06DIJ REC All Paga4nf21 D'aatad By: dndy Jatt Pnttad: 4/20/2016 11:49:05 AM -ANO WHEN ReCOROEO, • PU!ASe MAIL TO: , ,...... . , City Clerk City of car1sbad 1200 Carlsbad Village Or. Cartsbad, ca!ifomia 92008 2048 MAJL TAXSTATe.\tENTSTO: EXEMPT The undetSfgned grantor(s) dedare(s): Oocumentary transfer tax is $0.00 ( ) computed on fuD value of pnj"'"perty conveyed, or ( ) computed on full value less value of liens and encumtnnces remaining at time of sale. ( ) Unincorporated area: Qc) City of Carlsbad. and Spaca acove this line tar Reccrder's Use Assessor's Parcel No. 212..Q40..39 ~~..;.;..;;.;;;... ___ _ Project No. & Name CT 8-i-32(A) Cctlblestane Sea Viffage GRANT DEED OF EASEMENT FOR A VALUASLE C0NSICERATI0N, n:ceipt of whidl fs hereby adcncwfedged, James S. Ukegawa. a married man as bis sale and separate property. hereby GRANTS to City of calisbad, a Munidpal Cctpntion the fatlowing descnbed real property in the City of c.artsbad. County of San Oiego, state of callfomia: an easement for PU8Ue STRE::-r ANO PUeUC UTILlTY PURPOSES over, under. U~fl and 8c:'0$S $aid reat prcperty as described in~ •A• consiSdng of lwO (2) pages, attached hereto and made a part herecf. exhU •a-consi5ting of one page is attaehed far darily only. CATEO ------ STATE OF CAUFORNIA ) ) COUNTY OF SAN DIEGO · ) on _______ befantme._· ---- ~~--------------~en, insert name and tile of die afflcel). peaaoaay appeared -. personally lcnawn ta me (ar pnMd ta me aa die bass of satfsl;cta,y evidedce) to b6"ttl0 pc=on(s) whose name(s) islara sumailm to the wtil instrU- ment and adaro\r.ledged ta me tnaebelshellbey executed the same ill bisnllrJllleir'audlalized capacity(ies). and tbat by bislherJlbeir sigaat11,e(s) on the 1nstnanent 1be pessan(s). artne entilY upon benaif ot'Nhidl the~ acted. executed tho Jnstrument. WITNESS my hand and afflcial seal. Stgnature. _____________ _ By: (Slgnauue) Name:. JAMES S. UKEGAWA (T'ype or Prtnt) Tilfe: OWNER {T'ypeorPrfnt) Nam« ---~~-~-------(Tys,e or Print) (Type or Prtnt) HI'~ EXBiaI'r . "B'" ~: 23011111113 Doc: 21J00--18060II REC All "-5of21 ""'8h!d lly: lhly Jett Printed: 4/211/2016 11:49:05 AM t:AM I t:H I •. L LEGAL PES<;:RIPTION:W PR3.4.257 AVIARAPARKWAY 204·9 BEING A PORTION PAP.CEL 3 OF cemACATE OF COMPLIANce RECOROEO SEPTEMBER 27. 1SSS M FILE NO. BS-359769 OF OFFrCIAL RECORDS OF SAN 0IEGO COUNTY, IN THE CITY OF CARLSBAD, COUNlY OF SAN CIEGO, STA Te OF CALIFORNIA. BEING MORE PARTICUIJ\RLY OESCRJSED M FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL. 1 OF PARCa MAP NO. 15661, FILED IN iHE OFi=JCE OF THE COUNTY RECORDER OF SAJO SAN DIEGO COUNTY MAY 5, 1989, SAJO POINT BSNG THE BEGINNING OFA NON-TANGENT 1451.00 FOOT RADIUS CURVE CONCAVE EASrc:RL Y A RADIAL LINE TO SAIC POINT BEARS SOUTH ao·1s'2~ WEST; THENCE NORTHERLY ALONG THE ARC OF SAIC CURVE THROUGH A CENTRAL ANGLE OF 04•s1'0S-A DISTANCE OF 122.88 FEET: THENCE NORTH 04•s2'2r WEST, 38.46 rt::=i TO THE BEGINNING OF A TANGENT 1462..00 FOOT RAOIUS CURVE CONCAVE EASrcRLY: THENCE NORTHERLY ALONG THE ARC OF SAIC CURVE THROUGH A CENTRAl. ANGLE OF 0a•16'S4• A OISTANCE OF 211.32 Fe:1 TO A . . POINT ON THE NORTHERLY LINE OF PARCEL 3 OF SAIC CERTIFICATE OF COMPLIANCE RECORDED SEPacMSS.~ 27, 1985 AS FILE NO. 85-359769 OF Orr=ICIAL RECOROS; THENCE ALONG SAJD NORTHER!. Y LINE, SOUTH a3•41'35• EAST (RECORC= SOUTH a3•42•c11· EASi}, 61.33 FEET: THENCE CONTINUING ALONG SAIC NORTHERLY LINE. SOUTH 81-srt~ EAST (RECORD= SOUTH 81~46'" EAST). 46.97 FEET' TO THE SEGINNING OF A NON-TANGENT 1~:00 FOOT RADIUS CURVE CONCAVE Et\STERL Y. A RACIAL LINE TO SAJO POI_NT SEARS NORTH ~12·~ WEST, SAID CURVE BSNG CONCENTRIC WITH ANO 102.00 F=:r EASTERLY OF SA!O 1451.00 FOOT RADIUS CURVE: THENCE LEAVING SAIC NORniERLY LINE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13•s1'0S-A OISTANCe OF 326.12 FeIT TO A POINT ON THE NORTHERLY LINE OF PARCa 1 OF SAIC PARCEL MAP NO. 15661: THENCE ALONG SAJC NORTI-iERLY LINE. SOUTH 71~51• WEST, 103.27 FE::-Y-TO THE POINT OF BEGINNING. PAGE1 OF2 :OA M:V..:GALS\17!&\002Aa:t.D0C W017~8o2 12121!16 _ Order: 23090013 Doc: 200lr18Dl!IOO REC ALL Page8of21 c:n.ated Dy: Cindy Jett Pmled: 4/20/2016 11:49:05 AM ~ --~=~~ --. THE HEREINAsove ~cfiiseo PARCEL OF LANO coNTA~ o.a3s ACRE MORE OR-· · L:eSS. 205-0 -~.,A..,g,.:726: /Z.-2-'l~ JOHN W. HILL. JR. LS. 5o89 HUNSAKER & ASSOCJATES SAN OIEGO, INC. ;CA M:'.U:GALS\17«~ WO 17!&-% 1212191! 0-dlr: 23080013 Doc: 20CD-180600 REC ALL PAGE2.0F% Paga 7 of21 Created By: Chly Jett _, 4/20/21116 11:49:06 I\M ......... ·-----···-· .... -M -------- 2051 PREPARED BY: CITY OF CARLSBAD ~UNSAKER. STREET DEDICATION &. AYIAHA PARKWAY ASSOC I A TES P.J€ 3.4.2~ APN 212-f>/O•.J!J San Ct ego. Inc. cs t 9J ssa-+See . -~P-J~~ t-Z8-C,<. SHE:. I t OF t SHEET f J~.N \I. HILL JR. L. S. 5669 DA TE order: 231&11113 Doc: 2DJO-lBOliOD REC ALL Page 8 af 21 .,._ ey: IJndy Jett _, 4/211/21116 11:49:06..., ANU VVMCN l"U:~Ut-WED PL.SASS MAJL TO: Ctty Cterlc City of carl:sbad 1200 cartsbad Viffage er. Car1sbad, cantcmia 92008 20-52 MAJL TAX STATEMENTs TO: EXEMPT The under.signed grantar(s) dedare(s): Cccumentary transfer tax is $9am2 ( ) computed on full "3tue of property~. or ( ) computed on fUtl value less value-of lens and encumbrances remaining at Ume of sale. ( ) Unincorporated area: CX) Cly of Carlsbad. and Space at)()Ve this line far Recan:ter's Use ~r's Parcel No. 212-040-39 Praject No. & Name ~CT::::::-84-~32~(A~)---- Cobblestone sea Viffage GRANT OEEO OF EASYEN'f FOR A VALUABLE CONSIDERATION. receipt of wf1ld'I ts hereby .adcnowledged. James S. Ukegav,a. a married man as his sole and sepanate property. hereby GRANTS to City of cansbad, a Munidpal Corp«atlcn the fallcwing described real ~ in the City of carfsbad. County of San Diego, State of cautcmia: an easement fer ORAJNAGE PtJRP0SES over. under, uw,cn and across said real property together with the right to construct. gmde, inspect. operate, maintain, re;l8ir. reptaat and remove drainage fadlities and features within the bounds of aid easement as de:saibed In E.-chrbit •1ir9 CortSi:sting of two (2) pages. attached hereto and ~ a part taeof. Exhibit •a-consisting of one page Is attacned for clarity only. CATEC ------ STA TE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) on _______ beforeme, ___ _ ~------------Otent Insert name and tille of Ille officer). pessaaaDy appeared __________ _ perscnafly known ta me (GI' prowd to me on bt basis of satfstactDly evidenca) ID betbe paan(S) ~cse~~~W•sut,scribedta~wfthlntnsna- ment and adcnGwledged ta me thatbelshelllley executed thesame ra hi:fnretnheiraimorized capadty(Jes). and 1llat i,, llisl1wJllleir signaan(.s) an the ln:stlumenttho ~. attbe erdily upon behaJf of which lllepmsan(s) aaed, aeoded ttae instrument. WITNESS my hand and afflciat seal. S~nature'------------ ~ _ Order: 23090013 Doc: 2000-100600 REC ALL Page9of21 Sy: (Signature) Name: JAMES S. Ul<EGAWA (Type or Pnrlt) 'Tille: OWNER (Type ar Print) By: NIA (SGnaUue) CTYPt or Pnm) (T'yJ)e or Prim) l>'eated By: Cindy--• 4/20/20111 11:<9:06 AM iw 90:,...:n 9'IOZ:/OZ:/> =-»ac ~ :Aa P84880 - l~JOOl alied '-o-".I I u .. ,11 ,I LEGAL OESCRJPTION - PR 3.2.86 2053 TIY :Jlll OOIJOBl-(l](JZ'; ::JOQ ElOOIIOEZ :JBP.l(J BEING A PORTION PARCa. 3 OF CERTIFICATE OF COMPLIANCE RECORceo SE?TEMBeR 27, 1985 AS FILE NO. SS-359769 OF OFRClAL RECORDS OF SAN DIEGO . COUNTY, IN TI-fE CITY OF CARLSSAO. COUNTY OF SAN OIEGO, STATE OF CALIFORNIA. BEING MORE PARTICULARLY OESCRISED AS FOLLOWS~ BEING A 15.00 FOOT WIDE STRIP OF LANO LYING 7.SQ ;:eer ON eACH srce OF THE FOLi.OWiNG DESCRIBED CENTERLINE: COMMENCING AT THE MOST WESTERLY CORNEij OF PARca. 1 OF PARCet. MAP NO. 15661, FU.ED IN THE OFFICE OF THE SAID COUNTY RECORDER ON MAY 5, 1989 AS FILE NO. 89-239677, SAID POINT SSNG ON THE WESTcRLY S108.INE OF AN EXISTING 102.00 FOOT woe EASEMENT TO THE CITY OF CARLSSAD FOR STRE:1 PURPOSES AS SHOWN ANO OeDICATEO ON SAJO ?ARCE!.. MAP NO. 15Scn, SAJO POINT ALSO BEING A POINT ON A 1,451.00 FOOT RADIUS CURVE. CONCAVE EASTERLY, A RAOfAL LINE TO SAID POINT BEARS SOUTH so•1ens-WEST ; THENCE A!.ONG THE NORTHWESTe.~Y LINE OF SAIC PARC:!. 1. NORTH 11•3ss1· EAST, 103.T, FE::, TO THE EASTeRL Y SlOEUNE OF SAID 102.00 FOOT WIDE EASE}AENT. SAJO POINT BEING ON A NON-TANGENT 1.349.00 FOOT AAOIUS CURVE CONCAVE EASTERLY, A RACIAL LINE TO SAIC POINT SEARS SOUTH so·soor WEST SAlO POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF AvtARA P>.RJCNAY PER CITY OF CARLSBAD PROJECT NO. PR 3.4.257; THENCE LEAVING TiiE NORniWESTERl.Y LINE OF SAJO PARC9.. 1. NORTHERLY ALONG SAIC EASTERLY RJGHT-OF-WAY UNEANO THE ARC OF . SAIC CURVE THROUGH A CENTRAL ANGLE OF 1~1'21. AN ARC LENGTH OF 310.53 FeET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY RIGHT- OF-WAY UNE. SOUTH 49-0S'3T EAST, 35.06 i=ecaTO THE POINT OF-TERMINUS. :OA ~GAI..S\17!RXJ2At"'-CCC W0 179•2 14112191 .~ .._,,.: PAGE 1 OF2 ~ __, wv 911:~•n ,nuz:/uz:/• •-'"""Ap,'l:J •Au"""""° n JO n •• TIV :mi OU91111t--OODZ: "''"' EtOOIIOEl: ,__.., TJ;i= SIOSUNES OF sr•o...,15.00 F~U I 'IYILJC,.) I rur-\.W ,~"•1..,.~l;::'I..L. ci= 1.. ..... \.l I H=NEO OR SHORTeNE0 SO AS l ~INATE WESTERLY IN THE Ii-. • EAS1=RLY RIGHT-OF- WAY LINE OF AV1ARA PAA'JW/AY PER Cl'TY OF CARLSSAO PROJECT NO. PR 3.4.25i. 2054 ~ ~lk:?4-/Z-12-'l'to JoHN W. HILL. JR. L.S. 5669 HUNSA~cR &ASSOCIATES SAN 0IEGO. INC. :CA M:IUGAJ.S\175ftlm.A1A.J:IOC .1NQ 17:a.a 12112191 c~ PAGcZOF2 --I ---.r7//j JIUN~ Ir .4SSIJCIAZ'ZS SN JJIZCD. IJiC. Jlr.unnzt,; -8/lt:l11ZZ111110 -$Ult'ar1Jlt:. ,on, ltr/ZIINltlald ffZIVlt' -a,, am:zr, Cl m rsaJ u..-,eo -ru ,.,., u.-ut" DEDIC\ 11<»1 Pl.AT -CTI' ~ CAR1.SBAD PREPARED SY: _ PROJECT: ~A~<e~IL 1 IP>.fMI. ii®~i EXIST. 102· '1IOE EASEMENT FOR STRE: I PURPOSc:S PER P.M. 15661 A.P.N.: • APPLICANT: ~E HOMES 49:5 EAST RINc::cN- SUll'E t'TS LZ2~~~~~·~DRAINAGE EASEM 212-<M0-39 EXHIBIT 'S~ CCRCNA. CA 917T9 (909) 273,,,.g•o• Order: 23080013 Doc: 2000-180600 REC AU. EXP1R£S: 9/J0/99 . PR 3..2..86 ~ By: Clndy Jett Printed: 4/20/2016 11:49:07 AM ANO WHEN ReCORCE01 Pl.SASS ~IL TO: · · cay ctenc City of catlsbad 1200 carfsbad Village Or. cansbad, cautcmia 92008 - MAIL TAX STATEMENTS TO: EXEMPT 2056 The und~ned grantar(s) dedare(s): Space above thiS line fcrRecoff2er's USe Occumentary tramfertax is $0.00 .4'.SSesSOr's Pan:el No. ~21;;2~:-040-:~:;:3~9 _____ _ Prolect No. & Name CT 84-32(Al ( ) cam~uted on full value of property canve,ed, or { ) computed on full vaue less value of liens and encumbran~ remaining at time of sale. ( ) Unlnccrporated area: (x) City of cadsbat and Cobblestone Sa Village, GRANT OEED OF EASEMENT FOR A VALUASl.E CONSIDERATION. nafpt ofwhidl is hereby adcncwledged. JAMES S. Ul<EGAWA. a mamect man as Ids sole and separate property. hereby GRANTS to Ctty of Carlsbad. a Municipal CGlpnticn the fellowing described real property In the Cly of Cart$bad, COunty of San Cfego, state of ca11f0mJa: an easement for SlOPE AND CONSTRUCTION PURPOSES aver, under, upon and across said real property together with the right ta consuuct. grade, remove and dec,osit sail and construc:Uon materials, conduct operations related to the construdfan of adfacent fadJitles and features. dear, landscape, Inspect and maintain within the bounds af said easement as desail,ed in Exhibit •A· consisting of two (2) pages, attaehed hen:ta and ffi8!:!e a part beteef. &lti -a-~ of one page Is attached for darity only. OATEO ______ By: (Signature) Name: JAMESS.Ul<EGAWA (T~ or Print) STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) On _______ bebeme. ___ _ lilJe: OWNER :---------------~{blra insert name and tiUe ot the offlcel), pemaal1 (T'ypeorPnnt) a~nJd---------~--By: .Nt.;.;;;,;,,;;'A ______________ _ per.sonauy knawo to me (at proved ta me oa Ille (Signature) basis at satls1acmy evidence) ID be the peaon(s) whose name(s) is/ant subscribed to tbe willlill jmw. ment and adCnOwfedged to rne111athe/SbelVle1 executed the ane ia hislbealbeir authodzed =padty(les). and Ulatby hlsthdleil'slgnallae(s) • Tllfe: an tne instnunenttlle ~ ortlle eldily upan benatt at Whidl the pel$0~) acted. oec•1e4 uie instrument. WITNESS my band and. oflfcial seal S~natu"':------------ ~ o-dar: 23080013 Doc: :2000-180600 REC AU. Page 13 of21 (l'yptorPr1nl) (IypeorPnnt} 11,Mca,MIIS Creeled ey: Chly Jett _, ... , 4/20/2016 11:4'1:07 - ~ · 2057 EXHIBIT LEGAL DESCRIPTION PR 2..3.115 ~ w BEING A PORTION OF PARCEL 3 OF CERTIACATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359769 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 (SLOPE EAS~MENT) BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO. 15661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY MAYS, 1989, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 1451.00 FOOT RADIUS CURVE CONCAVE EASTERLY A RADIAL LINE TO SAID POINT BEARS SOUTH ao·1s•25• WEST; THENCE NORTHERLY :ALON~ THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04•51•oa· A DISTANCE OF 122.88 FEET; THENCE NORTH 04°52'27" WEST, 38.46 FEET TO THE BEGINNING OF A TANGENT 1462.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF oa·1s•54• A DISTANCE OF 211.32 FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL 3 OF SAJO CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359769 OF OFFICIAL RECOROS; THENCE ALONG SAID NORTHERLY LINE, NORTH 83°41'35" WEST (RECORD= NORTH 83°42°01• WEST), 20.00 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 16°16'17'' WEST, 76.21 FEET; THENCE SOUTH 45•43•00·· WEST, 83.45 Fe'l:.T; 'l"HFNCE SOUTH 24~55'00" EAST, 93.00 FEET; THENCE SOUTH 20°50'00" WEST, 92.31 FEET; THENCE SOUTH 08°49'00" EAST, 109.98 FEETTO A POINT ON THE NORTHERLY LINE OF DESCRIPTION NO. 4 OF RECORD OF SURVEY MAP NO. 5715 FILED IN THE OFFICE OF THE COUNTY RECORDER DECEMBER 19, 1960; THENCE ALONG SAID NORTHERLY LINE, NORTH 71•35•51• EAST, 107.83 FEETTOTHE POINT OF BEGINNING. PAGE 1 OF4 :DA M:\LEGALS\1758'002A15.DOC WO 1758-2 3120/97 Order: 23IBXl13 Doc: ~11DiOO REC All .._ 14of21 cn.ated By: Cnly Jett _, 4/211/2016 11:49:07 AM 2058 THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.700 ACRE MORE OR LESS. PARCEL 2 (SLOPE EASEMENT) COMMENCING AT THE MOST WESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO. 15661, FILED lN THE OFFICE OF THE SAID COUNTY RECORDER ON MAY 5, 1989 AS FILE NO. 89-2396TT, SAID POINT BEING ON THE WESTERLY SIDELINE OF AN EXISTING 102.00 FOOT WIDE EASEMENT TO THE CITY OF CARLSBAD FOR STREET PURPOSES AS SHOWN AND DEDICATED ON SAID PARCEL~ NO. 15661, SAID POINT ALSO BEING A POINT ON A 1,451.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 80°16'25" WEST; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 1, NORTH 71•35'5111 EAST, 279.27 FEET TO THETRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID NORTHWESTERLY LINE, SOUTH 71•35•51" WEST, 176.00 FEET TO A POINT ON THE EASTERLY SIDELINE OF SAID 102.00 FOOT WIDE EASEMENT, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 1,349.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 80°56'07" WEST; THENCE LEAVING THE NORTHWESTERLY LINE OF SAID PARCEL 1, NORTHERLY ALONG A CONTINUATION OF SAID EASTERLY SIDELINE OF SAID 102.00 FOOT WIDE EASEMENT AND 1HE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13•51•05• AN ARC LENGTH OF 326.12 FEET TO A POINT ON. THE NORTHERLY LINE OF PARCEL 3 OF SAID CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359769 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE, SOUTH a1•3r1a· EAST (RECORD= SOUTH s1•3r45• EAS11, 32.00 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 02°56'24• WEST, 28.18 FEET; THENCE SOUTH 03•34•0011 EAST, 204.29 FEET; THENCE NORTH aa•45•00" EAST, 124.14 FEET; THENCE SOUTH 1 s•SO'0O" EAST, 37.52 FEET; TO THE TRUE POINT OF BEGINNING. :OA M:\LeGALS\1758\D02A15.00C WO 175S.2 3/2<w7 Order: 23090013 Doc: 2000-lOOMO REC All PAGE2OF4 Page 1.5 of 21 Created Dy: Cindy Jett Pmted: 4/211/21116 11:49:07 AM 2059 THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.453 ACRE MORE 'OR · LESS. RCEL 3 (TEMPORARY CONSTRUCTION EASEMENT) G AT THE MOST \J\-1:STERLY CORNER OF PARCEL 1 OF PARCEL 15661, FILED THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIE MAY 5, 1989. S INT BEING ON THE WESTERLY SIDELINE OF AN FOOT WtDE EASE T TO THE CITY OF CARLSBAD FOR STRE ON SAID PARCEL MAP N0.15661, SAID R NT ALSO BEING A POINT ON A 11451.00 FPO CIUS CURVE, CONCAVE EASTE Y, A RADIAL LINE TO SAJD POINT BEARS SOUTH ALSO BEING ON THE NORTHERLY LINE OF DESCRIP FILED IN THE OFFICE OF THE CO • 4 OF RE SURVEY MAP NO. 5715 CEMBER 19, 1960; THENCE ALONG SAID NORTHERLY LINE, SO 1°35'5 ST, 107.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTI G ONG SAID NORTHERLY LINE SOUTH 71•35•51• WEST, 10.00 FEET; THENCE Ll"J!IRNG SAIC NORTHERLY LINE, NORTH 12°41131" WEST, 123.85 FEET; THENCE ~6'00" WEST, 154.38 FEET; THENCE NORTH 17°22'00. EAST, 149.01 FEET A POINT 3 OF SAID CERTIFICATE OF C IANCE RECORD E NORTHERLY LINE OF PARCEL SEPTEMBER 27, 1985 AS FILE SOUTH 83°41'35• EAST LEAVING SAID NORTHE ORD= SOUTH 23•42•01• T). 60.00 FEET; THENCE LINE, SOUTH 16.16'17" WEST, 7 1 FEET; THENCE SOUTH FEET; THENCE SOUTH 24°55'0011 EA SOUTH 2o·so·oo11 ST. 92.31 FEET; THENCE SOUTH oa•49'00" THE TRUE POI OF BEGINNING. INASOVE DESCRIBED PARCB. OF LANO CONTAINS 0.344 PARCEL 4 (TEMPORARY CONSTRUCTION EASEMENT) PAGe30F4 :CA M:\LEGALS\1758\002A15.00C WO 1758-2 3120197 Order: 23080013 Doc: 2000--180600 REC AU. Pago 1fiof21 Created lly: Cindy Jett _, 4/20/201fi 11:49:07 AM - ·. LEGEND: • ,()\ ~· "'~ QQ., ~~~"'·· •A 'o / HUNSAKER & ASSOCIATES SAN DIEGO, INC. PLANNING -ENGlNEEIUNC -SUBffflNG 10179 HUeNNUZNS S1'REl:'l' -sm DIECO, CA 92121 (619} ss,-.,soo -,u (619) SSB-1414 DEDICATION PLAT -ClY OF CARLSBAD T.P.0.8. PARCELS 2 &: 4 PAiflCl!IL '11 P .IMI. '111®®'11 EXIST. 102' WIDE EASEMENT FOR STREET PURPOSES PER P.M. 15681 APPLICANT: PREPARED BY: PROJECT: A.P.N.: 212-040-39 GREYSTONE HOMES, INC. 495 EAST RINCON SUITE 115 CORONA, CA 91719 (909) 273-9494 ..... _ ----·-- o-der: 23080013 Doc: 2000-180600 REC All ~ 1,1,,,/ft9'-1-lf-'17 i'a,~~ON OHN w. HILL. JR. L.S. ~66 EASEMENT EXHIBIT EXPIRES: 9 /30 /99 PR 2.3.115 Page 17 of 21 Created By: Cindy Jett -.ed: 4/20/2016 11:4'1:08 AM ANO WHEN ReCOROeD, ~LEASE ~L TO: Clycterk City of cartsbad 1200 Carlsbad Village Or. ~bad, CaHfomJa 92008 MAIL TAX STATEMENTS TO: EXEMPT The undersigned granmr(s) dedate(s}: Documentary transfer tax is SQ.gg_ ( ) computed on l'uU valt.le of property c:dnYeyed. er ( } computed on fuD VIW8 less valueaf liens and encumbrances remairii,g at tfme of safe. ( ) Unincorporated area: (x) City of Cadsbad. and 2061 Space above this line fat Recorder's Use Assessa's Parcei Na. 212.Q40-39 Project Na. & Name ~c=-=T=-84-~3~2;;-CA~>---- cebblestcne Sea Villaae GRANT OED OF EASEENT FOR A VALUABLE CONSICERATtON.receiptofwhic:h is hereby adcnowledged. JAMES S. Ul<EGAWA. a married man as his scle and sepa-ate prcpert'J. hereby GRANTS to City of Carlsbad, a Municipal Corpcratian the fellowing dacribed ml pn,pety fn the cay of cartsbad. county of San Diego, State of catifomia: an easement far TEMPORARY CONSTRUCTION PURPOSES over. upon and across said real property with the right to condUct cpaations related to the construction of adjacent f'adilfes and features, as described In Exhibit •A• consisting at ttvee (3) pages. attad'led hereto and made a part herecf. Exhibit "8" consisting of ane page is altilched far datity only. Said easement to expire on February 1. 1999 or at the end of canstructfcn. whichevet ccmes first. DATED ------ STATEOFCAUFORNJA ) ) COUNTY OF SAN OIEGO ) en _______ betorame, ___ _ (l'lere ':""'imselt---~n-am_e_and~tille~af~lhe--~.~.~,.-pa-rsa-ially-::--appeared __________ _ perscnaoy known to me (er~ ID me on the basis of sadstaday IMdeaca) to be 111e pemx,(s) Whose name(s) Want k.lb&:at.ed to ll1e wilhin instru- ment and~ tarne lhathe/shellhey exec:uted ttre.sne in hi.sllall'rei'audtaiZlld capacty(t~). and that by bisnlerllheit signalure(s) on the insirument 11ft pecscn(s). «1he entily upcn behalf of Which the per:san(s) aded. execurect ttze fnSU'Ument. WITNESS my hand and olldal seal. Sfgnature ___________ _ ~~ Order: 23080013 Doc: 2000--180600 REC AU. Page 18of21 By: ($ignab.lre) Name: JAMES S. Ut<EGAWA (Type or Print) Tilfe: OWNER (TypeorPrint) By: NIA (Slgr1atUnt) (Type or Prfnt) CT"tP• or Print) """'""' By: Cindy Jett _, 4/20/2016 11:49:111 AM : ·: • f;;Y.t:;: <t.: _e-sc r £a '1lfBED PORliifl Qf ; otm c~~ 6.450 Addi MoR;"~R -2062 PARC EL 3 (TEMPORARY CONSTRUCTION EASEMENT) COMMENCING AT THE MOST WESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO. 15661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY MAY 5, 1989, SAID POINT BEING ON THE WESTERLY SIDELINE OF AN EXISTING 102.00 FOOT wtoe EASEMENT TO TiiE CITY OF CARLSBAO FOR STREET PURPOSES AS SHOWN AND DEDICATED ON SAJD PARCEL MAP NO. 15661, SAJO POINT ALSO BEING A POINT ON A 1,451.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE TO SAIC POINT BEARS SOUTH so•1e'25" WEST. SAID POINT ALSO BEING ON THE NORTHERLY LINE OF DESCRIPTION NO. 4 OF RECORD OF SURVEY MAP NO. 5715 FILED IN THE OFFJCE OF THE COUN1Y RECORDER DECEMBER 19, 1960; THENCE ALONG SAID NO~ERLY LINE. SOUTH 71~51• WEST, 107.83 FEET TO TiiETRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 71•35•51• WEST, ·10.00 FEET; THENCE LEAVING SAID NORTHERLY LINE, NORTH 12•41'3111 WEST, 123.85 FEET; THENCE NORTH 02~6'00" WEST, 154.38 FEET; THENCE NORTH 17.22'00'" EAST, 149.01 FEET TO A POINT ON .THE NORTHERLY LINE OF PARCEL 3 OF SAID CERTIFICATE OF COMPLIANCE.RECORDED SEPTEMBER 27, 1985 AS FILE NO. 85-359769 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY· LINE, SOUTH a3•41'35" EAST (RECORD= SOUTH 83942'01• EAS1j, 60.00 FEET; THENCE LEAVING SAJD NORTHERLY LINE, soy-n-t 1S-16'1r WEST, 76.21 FEET; THENCE SOUTH 4a•43•00•• WEST, 83.45 FEET; THENCE SOUTH 24.55'00" EAST, 93.00 FEET; THENCE SOUTH 2o·so·oo-WEST, 92.31 FEET; THENCE SOUTH oa·49'00" EAST, 109.98 FEET TO THE TRUE POINT OF BEGINNING. THE HEREJNABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.344 ACRE MORE OR LESS. PARCEL 4 (TEMPORARY CONSTRUCTION EASEMENT) PAGE3OF4 :CA M:'1.EGALS\17S8\0Q2A15.COC WO 17!&,2 3/2.0/97 _ 01:ler: 230lll013 Doc: 2000-tBOllOO REC AU. Page 19of21 Created By: Clnly Jett _, 4/20/20111 11:49:1111 AM C. 2063 COMMENCING AT THE MOST WESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO. 15661, FILED IN n-tE OFFICE OF THE SAIC COUNTY RECORDER ON MAY 5, 1989 AS FILE NO. 89-239Sn, SAIC POINT BEING ON THE WESTERLY SIDELINE OF AN EXISTING 102.00 FOOT WIDE EASEMENT TO THE CITY OF CARLSBAD FOR STREET PURPOSES AS SHOWN ANO DEDICATED ON SAID PARCEL MAP NO. 15881, SAID POINT ALSO BEING A POINT ON A 1,451.00 FOOT RADIUS CURVE. CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 80°16'25" WEST; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 1, NORTH 11-sss1· EAST, 279.27 FEETTOTHETRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHWESTERLY LINE, NORTH 18°50'00" WEST, 37.52 FEET; THENCE SOUTH 88°46'00" WEST, 124.14 FEET: THENCE NORTH 03"34'00" WEST, 204.29 FEET; THENCE NORTH 02•56'24" EAST, 28.18 FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL 3 OF SAJD CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 27, 1985 AS ALE NO. 85-359769 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE. SOUTH a1•37•1a· EAST (RECORD= SOUTH 8193T~ EAST), 110.57 FEET; THENCE LEAVING SAJO NORTHERLY LINE, SOUTH 09•44•00• EAST, 148.16 FEET; THENCE SOUTH 14°44'00" EAST, 101.82 FEET TO A POINT ON THE NORTHWESTERLY LINE OF PARCEL 1 OF SAID PARCEL MAP NO. 15661; TH.ENCE ALONG SAID NOR"THWESTERLY LINE, ~OUTH 71°35'51• WEST, 13.54 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.644 ACRE MORE OR LESS. ~ &::/k ~ 3.z4.,,7 JOHN W. HILL, JR. LS. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. :DA M:\LEGALS\1758I002A15.00C WO 175S.2 3/20/97 • Order: 23DBIXl13 Doc: 2000-1806D0 REC AU. PAGE40F4 Page2Dof21 Creatal By: Cindy Jett -= 4/211/21116 11:<19:118 AM . . , LEGEND: 2064 HUNSAKER ~ ASSOCIATES SAN DIECO. INC. P£ANNINC -8Nt:INU1UNG -8UB'l8YING ,om HUENNnaN:r STREET' -SAN DIECtJ, CA !IZIII (819) 568-4600 -TAX (619) 568-UJ.f DEDICATION PLAT -C11Y OF CARLSBAD T.P.0.8. PARCELS 2 ac 4 (r) A~~{§lb 11 (p).~. 111®®11 EXIST. 102' WIDE EASEMENT FOR STREET PURPOSES PER P.M. 15661 APPLICANT: PREPARED BY: PROJECT: A.P .N.; 212-040-39 GRE'fSTONE HOMES. INC. 495 EAST RINCON SUITE 115 CORONA, CA 91719 (909) 273-9494 Ordar: 231BJ01:3 Doc: 2000-180600 REC All .. ~ '4.,/f..·9: ]-lf-f/7 ~~u°CTION OHN w. Hill. JR. LS. 566 EASEMENT EX H 18 IT EXPIRES: 9/:50/99 PR 2.3.115 .. Page 21 of 21 .....,led By: IJndy Jett Pmted: 4/20/21116 11:49:08 AM i, r .;, 5973 i~ , Kt RECORDINGREQUESTEDBY: ) .. 1 ASARO, KEAGY, FREELAND & MCKINLEY ~ \, By: RICHARD R. FREELAND, ESQ. ) ~ Fourth Floor, 3170 Fourth Avenue ) San Diego, CA 92103 ) (619) 297-3170 ) ~ANDWHENRECORDED MAILTO: ! City Clerk ) CITY OF CARLSBAD ) 200 Carlsbad Village Drive ) Carlsbad, CA 92008 ) ) ) DOC 2000-0123723 Mar 10, 2000 3:01 PM OFFICIAL K'ECORDS SAN DIEOO COliffY RIDJIDER '8 OFFICE GREGORY J. SMITH, COUNTY RE~ER FEES: 0.00 OC: NA ·1n11n111nr 2000-0123723 This Space for Recorder', Use Only Exempt From Filing Fees Per Gov. Code Sec. 6103 GRANT DEED OF EASEMENT &~ \l/l'I) . order: 23080013 Doc: 2000-123n3 EAS 03-1~2000 APR 3 0 2018 CIT I p_. Page lof7 CITY o:-Cr.KLS~r D ""' j . ,... I r: " 1 \,.r:: -'• ,...., . ..., . • ..J_r., •... ...__,, created ey: Cindy Jett Prtlted: 4/20/2016 11:18:28 AM RES:ORDlNG REQUESTED 13 . WHEN RECORDED MAIL TO: . City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. CARLSBAD, CA 92008 MAIL TAX STATEMENTS TO: EXEMPT DOCUMENT NO.: UKE001 The undersigned grantor(s) declare(s}: Documentary transfer tax Is $0.00 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale, ( ) Unincorporatecf-area: ( x) City of Carlsbad, and SPACE ABOVE THIS LINE FOR RECORDER'S USE NO RECORDING FEE REQUIRED: THIS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE Assessor's Parcel No.: APN 212-040-56 Project No. & PR 99-11 Name: -LAUREL TREE APARTMENTS GRANT. DEED OF EASEMENT FORA VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JAMES S. UKEGAWA, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY hereby GRANTS to the City of Carlsbad, a Municipal Corporation, an easement for public street and public utility purposes over, under, upon and across the following described real property which Is situated in the City of Carlsbad, County of San Diego, State of California, as described in Exhibit "A" consisting of two (2) pages, attached hereto and made a part hereof, and as shown on Exhibit "B" consisting of one (1) page is attached for clarity only. The Grantor understands that the present intention of the Grantee Is to construct and maintain a public highway on the easement hereby conveyed and the Granter, for the Grantor's successors and assigns, hereby waives any claim for any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. (As used above, the term "Grantor" shall include the plural as well as the singular number.) (JANMAC, INC., Expropriation Consultants) (MMC\GRANT DEED OF EASEMENT) 02/05/99 _ Order: 23080013 Doc: 2000-123723 EA8 03-10-2000 .....,lad By: Cindy Jett _, 4/20/2016 11:48:28 AM -., .. 'J ,-,- '-It 5975 • This document was executed this J-►NJ-dayof Jr/A/£ JAMES S. UKEGAWA, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY (NOTARY JURAT) STATE OF C/j4,./ HMt./lif COUNTY OF J 1\-J /h~Y } }ss. } } I 1999. On ,NJVf ;>..~ /'} &J'l before me, (the notary) AA,,(/~,_ g._hEJt.4,v; NNft,.Y/vdl/C,, personally appeared (Insert here the names of the parties who personally eppeared} :z:;f,,,tif'. -.,[. VI;~ .J9-1t!?I ___________ __,. ____________________ personally known to me (or proved • to me on the basis of satisfactory evidence) to be the person(,) whose name(•) ls/aie subscribed to the within tnstrument and acknowledged to me that he/SMll'th9y executed the same In hlaJhcllbalr authorized capaclty(leen-and that by h18/hw41:1.eir signature(~ on the Instrument the peraon~or the entity upon behalf of which the person<-et acted, executed the Instrument. a DANIB.K. HENEHAN i Comrnllllonl 1121M51 2 NolorY Publle-Ccilltomlo A ~ sen Otego C0unty ' A.. •• :~~:-~4:.~' ( This a,ea for official notarial nal) (MAAC\GRANT DEED OF EASEMENT) 02/05/99 (JANMAC, INC., ExproprfaUon Con$ultants) -O'der: 23DB0013 Doc: 2000-123723 EAS 03-10-2010 Pags3of 7 Created By: Cindy Jett ....,_, 4/211/21116 11:48:29 AM ... 5976 EXHIBIT "A" LEGAL DESCRIPTION UKEGAWA PR STREET "A" Being a portion of Lot "G" of RANCHO AGUA HEDIONDA, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, also being described a~ Parcel 3 of Certificate of Compliance recorded September 27, 1983 as File No. 83.359769 of Official Records, being described as follows: BEGINNING at the Northwest comer of Parcel 1 of Parcel Map No. 15661, filed in the Office of the County Recorder of San Diego, May S, 1989, also being on the Easterly right of way line of Aviara Park.way (formerly College Boulevard) as dedicated to the City of Carlsbad per said Parcel ~ap No. 15661 and on the arc of a 1349.00 foot radius curve, concave to the East, a radial to said point bears South 80°55'27'~ West; thence along the Northerly prolongation of- said Easterly right of way line, Northerly,. along said curve, through-a central angle of 01 °01 '33" an arc distance of 24.15 feet, to the beginning of a non-tangent 30.00 foot radius curve, concave to the North, a radial to said point bears South 34°14'13" West; thence leaving said Northerly prolongation, Easterly, along said CUIVe, through a central angle of 52 °38'22" an arc distance of 27.56 feet to a line parallel with and 12.00 feet Northerly from the Northerly line of said Parcel! of Parcel Map No.15661; thence along said parallel line, North 71 °3S'Sl" East, 262.76 feet to the beginning of a tangent 288.00 foot radius curve, concave to the Northwest; thence Northeasterly, along said curve, through a central angle of 47° 18'20" an arc distance of '137. 78 feet to the Northerly line of said Parcel 3; thence along said Northerly line, non•tangent to said curve, South 81 °37'18" East, 17.08 feet to the Northeast comer of said Parcel 3; thence along the Easterly line of said Parcel 3, South 13, 035'23'' West, 99.38 feet to the beginning of a Page 1 of 2 • order: 23080013 Doc: 2000-123723 EAS 03-U,..2000 Page4of 7 creeted By: Ch;ty Jett Printed: 1/20/2016 11:48:29 AM . . • I - .. 5977 EXHIBIT "A" LEGAL DESCRIPTION ~ UKEGAWA I non-tangent 336.00 foot radius curve, concave to the Northwest, a radial to said point bears South 49°38'41" East; thence leaving said Easterly line, Southwesterly, along said curve, through a central angle of 04 °28'36" an arc distance of 26.25 feet to the line common to said Parcel 3 and said Parcel 1 of Parcel Map No. 15661; thence along said common line, non-tangent to said curve, South 71 °35'51" West, 442.05 feet to the POINT OF BEGINNING. Containing: 0.245 Acres, more or less. Lonie K. Cyr ii: s.6929 Expiration: 9-30-2001 Date Page2 of 2 _ Order: 23080013 Doc: 2000-123723 EM 03-10-2000 Page5of7 Created By; Chly Jett Printed; 4/211/2016 11;48;29 l'M ~ . LEGEND (D © 5978 IN)ICATES PORTION Of" STREET. "A" DEDICATION (AREA: 0.245 ACRES) INDICATES AVIARA PARKWAY (FOffi.ERLY COLLEGE BLVD.) DEDICATED PER P.M. 15661 INDICATES PROPOSED AVIARA PARKWAY PER DOC. REC. 8/22/1997 Nii, FILE NO. 1997-<>408228, O.R. IN:>ICATES PARCEL .3 rF CERTIF'ICATE OF COMPLIANCE REC. 9/27/1985 AS FILE NO. 85-359769, 0,R. INDICATES 150' S.D.G.k E. EASEMENT PER DOC. REC. 8/14/1957 IN BOOK 6706. PAGE 514, 0.R. ~~ P.0.8. ..,..... tO tO 1..0 "T""' , ~ , 0... NW CORf\ER PCL 1. / I o.,· O.(i.~G'c C -=::::::::.._-1-..-,---.. eou'-c f' .M. 15661 I DATA TABLE -----·--r--------NO. BRNG/DELTA RADIUS LENGTH -------- 01 C2 C3 C4 01·01 • 33• 52•38·22· s13•35•23"w 04•2a•35• PREPARED BY: 1349.00' 30.00' -.- 336.00' 24.15' 27.56' 114.39' 26.25' _ Na1 • s-r,_oo"E(R) __ sao·ss__:_21'"w(R} _/ / CITY CF CARLSBAD S11££1 DEDICATICN STREET "A II EXHIBIT •9• ROBERT BEIN, 1fll,1/4'11 FROST _-P.R. A.P.N. 212-040-39 & ASSOCIATES SAN DIEGO, CA (619) 614-5000 SI-EET 1 OF 1 Sf-EET _ Order: 23080013 Doc: 20011-123723 EA6 IQ-10-2000 FLS 6929 .,. SOt205-3 t205edm.ctwg · m/al• Pagefiof 7 D'eatad By, Cindy Jett -: ◄/20/2016 11:48:29 Ml 5979 • CERTIFICATION FOR ACCEPTANCE OF PEED This is to certify that the interest in real property conveyed by the Grant Deed of Easement, dated June 22, 1999 from JAMES S. UKEGAWA, a married man as his sole and separate property, to the CITY OF CARLSBAD, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City of Carlsbad, California, pursuant ~o authority conferred by Ordinance No. NS-422 of the City of Carlsbad adopted on September 9, 1997, and the grantee consents to recordatlon thereof by Its duly authorized officer. DATED: October 7, 1999 ~ l ~ !;n;-~ ~ ALETHA L. RAUTENKRANZ;·C.lty Clerk \ : : .. .r . ~ ... · ... b Order: 231BJ013 Dot: 2000-123723 EA8 03-10-2000 Created By; lhly Jett Printed; 4/20/2016 11;18;29 AM .,. RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: DALE & LLOYD 9404 Genesee Avenue suite 300 La Jolla, California 92037 Attn1 Richard L. Moskitis, Esq. ) ) ) ) ) ) ) ) ) ) ) 67 . ~ ~#:~ .. ·-~/:..,.-----·-"-· · 88 608758 · ~ R'""OROl'"O IN~ OF'F~iAL ,,.-CORDS 0.-SAii .,J!.t;) C:i..'IUY,CA 88NOV 29 A" g: 30 I VtRA L. LYL~-I L-':_O!JIHf RC CORO~ (Space above for Recorder's Use only) AGRBBMBN'l' BBTWBBH LUDOWIIERS This Agreement is dated as of this 15""' day of ~OQ(mber , 1988, by and between FRAZEE PROPERTIES CARLSBAD, a California limited partnership (•Frazee•) and RICHARD c. KELLY and ROBERT PATRIC!( KELLY as Trustees of the Relly Family Trust UDT dated November 25, 1985 ("'Kelly•), and DAVIDSON COMMUNITIES, INC., a California corporation (•Davidson"'). RECITALS A. Davidson is the owner of that certain unimproved real property in the city of Carlsbad, state of California legally described as sat forth on Exhibits "'A• and •a• attached hereto and incorporated herein by this reference (the •Davidson Property•). B. Frazee is the owner of that certain unimproved real property in the County of san Diego, State of California, legally described as set forth on Exhibit "C• attached hereto and incorporated herein by this reference (the •Frazee Property•). C. Kelly is the owner of that certain unimproved real property in the County of San Diego, State of California, legally described as set forth on Exhibit •D• attached hereto and incorporated herein by this reference (the •Kelly Property•). o. In developing the Davidson Property, the Frazee Property and the Kelly Property, certain roadway and related improvements are required over the Frazee Property and the Kelly Property (hereinafter more particularly defined as the I order: 23080013 om::: 1988-6087'8 REC All APR 3 0 2018 CITY Gr PLA, 1\1 Page 1 of 19 CITY o:= CARL E' "D ~ I ,-I j _., p_,, "'·"•"'··'"------'· ·-·-· Deeted By: cirdv Jett Pr1nted: "/20/20:lfl 11:40:57 AM - ·, I C ~-· ---.:.·,.· .. 68 •Improvements•), A plat ahowing the proposed location ot the Improvement■ and the propo■ed areas to be dedicated to the City or Carlsbad or other appropriate public a9enay (co11eotively, tha •city"') in connection with the lmprov•ants, together with the respective acreage designationa involved, is attached hereto as Exhibit •E• and incorporated herein by this reference. The parties intend that the Improvements will be constructed in accordance with Exhibit •B,• (the •Approved configuration•). The parties reserve the right to approve any material changes or variations fro• Exhibit •B•. In addition, Kelly reserves the right to approve the final oonfiguration of where the proposed street commonly known as •A• street intersects the Improvements. B. Davidson and Frazee and Kelly wish to provide that Frazee and Kelly will permit Davidson to construct the Improvements on the Frazee Property and the Kelly Property in accordance with the Approved Configuration and wil1 permit oavid■on acaass, together with all other easeaents reasonably neaesaary or appropriate, for construction and maintenance of the Improvem.enta. Frazee and Kelly shall dedicate to the City that land reasonably necessary or appropriate for the Improvements. F. Zn consideration of the access, eaaanenta and dedications by Frazee and Kally set rorth herein, Davidson shall, at its own cost, design and construct the Improvements. The •Improvement.I• shall mean College Boulevard (as set forth in the Approved configuration) constructed in accordance with the Approved confipration. The •zmprovaments• are more particularly defined in Section 1 of this Agreement. NOW, THEREFORE, incorporating the foregoing recitals and in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. Improvements. :rn consideration of the access, easements and dedications by Frazee and Kelly set forth herein, Davidson shall construct the following on the Frazee Property and the Kelly Property, which shall be defined as the •improvements": 1.1 CQJ.leqe BoulBYJIJ31. Those portions of College Boulevard lying on the Frazee Property and the Kelly Property in accordance with the Approved Configuration and in accordance with plans and specifioations approved by the City, together with other inproveaents required by the City in connection therewith, currently including grading, curbs and gutters, sidewalks, paving, street lighting and aigns, boulevard islands, storm drain (36• RCP), sewer main ca• PVC), and water main (12• ACP), but subject to change as required or approved by the city. No deletions ot the above referenced items ahall be made without the prior written consent of Frazee and Kelly, which consent shall not be unreasonably withheld. i on,,,;: 230D0013 Doc: llJIIIHi087511 REC All Page2ofl9 c:reeted av= CJndV Jett Prtnted: 4/2012016 u:e57 M I j I • ...,,,,,,,, •~ I"• •"":'". .......... I . '- "69 1.2 Pacilitiea. Those sewer facilities, utility stub-outs and fire hydrant• required by the City as a condition to construction o~ Collaga Boulevard aa set forth in section 1.1 hereof in accordance with plans and specifications approved by the city (the WFacilitiesw). The Facilities shall be situated in substantial accordance with the Approved configuration, or as otherwise required by the City, and shall be built in accordance with all applicable Cit1 standards. 2. construction and Maintenance of Improvgants. 2. 1 cooperation re Dedication, Plans. The parties shall use their reasonable efforts to obtain a collllllitment from the City to accept dedication of the Improvements for maintenance purposes upon completion of the Improvements and, subsequently, to cause the city to fully accept dedication of the Improvements. Bach party agrees to fully cooperate with Land space Engineering, or such other engineer retained by Davidson in connection with the Improvements (the wEngineerw) and to provide the Engineer with such information as may be reasonably required for the Engineer to complete plans and specifications tor each element of the I•provements. Notwithstanding anything contained elsewhere in this Agreement, Kelly reserves the right to approve the final configuration of where the proposed street known as MA" Street intersects the Improvements. 2.2 Bonding. Davidson shall, during construction of the Improvements, secure, renew, increase and reduce as necessary, a construction bond in favor of the city as required by the city with respect to the Im~rovements which will be constructed on the Frazee Property and the Kelly Property. No party hereto shal1 be obligated to dedicate any property to the city unless and until a construction bond in an amount equal to the full cost of the Improvements is in place. 2.3 xnsurancg. Davidson shall, at all times and until construction of the Improvements la completed and the City has accepted dedication of the Improvements, maintain or cause to be maintained with respect to the Improvenents on the Frazee Property and the Kelly Property and the real property required in connection therewith a policy or policies of insurance written by one (1) or more responsible insurance carriers licensed to do business in the State of California, which shall insure against liability for injury to and/or death and/or damage to property of any parson or persons, with 1:he combined limit coverage of not laaa than Two Million Dollars ($2,000,000.00) per occurrence. Davidson •hall furnish to Frazee and Kelly, prior to COllllllencement of the work to be performed hereunder, a certificate stating that -3 - .I .I I P.age3Dfl111 Cf'Nltlld By: thlv Jett Prtttal: 4/:Z0/2016 11:48:37 AM I Dnllr:23DIOOu Doc:1~:MJRa::N.1. .-- -70 such insurance is in tull force and effect, that the pre•iuaa therefor have been paid and that Frazee and Xelly have been named as an additional insured thereunder. 2.4 Cgn■trggtion. Davidson shall bond and comllence construction of the Improvements on or before August 1, 1990, and construction shall thereafter be pursued with reasonable diligence. If aonatruction of the Improvements has not comnenced on or before August 1, 1990, this Agreement shall expire of its own terms, and thereafter shall have no force or effect. In such event Davidson agree■ to execute such documents as may be requested by Frazee or Kelly or a title insurance company, including, but not limited to a quitclaim deed, to evidence the expiration of this Agreement. 2.5 uotice ot cow@o9Nl@ot oc construction .. At least thirty (30) days prior to comnencement of construction of the Improvaents, Davidson shall give written notice to Frazee and Kelly ot its intent to commence construction to permit Frazee and Kelly to post a notice of non-responsibility with reapect to work to be performed on the Praz-Property and the Kelly Property. 2.& Engineering Testa, Drawings. surve~ pata. ~ All engineering plans and drawings, technical tests and data prepared by Davidson wi~..h respect to the Improvements shall be available to Frazee and Kelly, at no coat. Without limiting the foregoing, Davidson shall provide to Frazee and Kally, at no cost, slope soil testing data, if any, required by the City to prove slopes are properly engineered and meet all government standards. 2. 7 Maintenance. until the maintenance responsibility for the Improvements is accepted by the City, Davidson agrees to maintain the Improvement■• Frazee and Kelly hereby grant to Davidson an eaaemant appurtenant to the Davidson Property over the Fralllee Property and the J<elly Property tor Davidson to perform any and all maintenance activities reasonably necessary or appropriate in connection with the Iniprovements. Nothing herein shall be deemed to limit or eliminate the responsibility of Frazee and Kelly to repair the Improvements, or portion(s) thereof, damaged by Frazee and Kelly. 2.s Allocation and Payment of costs. Davidson shall be responsible for the entire cost of construction of the Improvements together with all costs of engineering, surveying and permits associated therewith, and Frazee and Kelly shall not be responsible for any direct or indirect cost■ related thereto. Notwithstanding the foregoing, Prazee and Kelly and Davidson shall be responsible for a11 their cnm costa incurred in preparation and review of this Agreement • ..... .:.:..i;,. ...... . I Drdlr: 23DIDOl3 Dot: 1~'8 NC Ml. Page◄of19 O'Nt8d 8v: c:nt,, J.tt Pmtad: 4/20/2016 11:41:57 AM . ' .... ~ I - -·~~-~: ·-...... ~~ ........ ~"'"'~"' ~ .. ~-; :"4 :t ..... ~";:~~~··('··· ~~-~=~ 71 2.a.1 B@iJDbUrsamant Through Aaaeaamant Layi••. In the avant the City or any other governmental or quasi-governmental entity levies or imposes a fee or reimbursament program upon Frazee or the Frazee Property and Kelly or the Kelly Property for the purpose of reimbursing Davidson for the costs of the Improvements, then Davidson shall reimburse Frazee or the then owner of the Frazee Property and Kelly or the then owner of the Kally Property for the fees or levies so charged. 3. IA•enenta. Frazee and Kelly hereby authorize construction of the Improvements on the Frazee Property and the Kelly Property by Davidson in aaaoJ:dance with plans and specifications approved by the City and in accordance with the Approved Configuration, so long as all appropriate governmental permits as to such Improvements have been obtained. The parties agree to cooperate in obtaining such permit(s). Frazee and Kelly hereby grant an easement to Davidson appurtenant to the Davidson Property over the Frazee Property and the l(ally Property tor Davidson and ite deaigneea (a) to perform any and all construction activities reasonably necessary or appropriate in connection with construction of the blprovements, including, but not limited to, an eas•ent for ingress and egress across the Frazee Property and the gelly Property so as to enable Davidson reasonable access to the job site upon which Improvements are being constructed, the right to perform excavations and other construction work, and the riqht to store construction materials and (b) to use the Xmprovaments for their reasonable, intended purposes. 3.1 grading. In addition, Frazee and Kelly hereby grant an easement to Davidson appurtenant to the Davidson Property over the Frazee Property and the Kelly Property tor Davidson to conduct grading on the Frazaa Property and the Kelly Property reasonably necessary or appropriate for installation of the Zmprovements, torether with all rights-of-way reasonably necessary in connaot on therewith, so long as such grading plans have been approved by the City and meet all applicable requirements of the City. 4. Qadica1:ion. Frazee and Kelly hereby irrevocably agree to execute any and all instruments necessary or appropriate to dedicate to the City that land reasonably necessary for construction of the Improvements. Said dedication shall be in conformance with the Approved Configuration. Notwithstanding anything contained elsewhere in this Agreeaent, Frazee and Rally shall not be obligated to dedicate any land to the City until the construction bond required by Section 2.2 above is in place. -5 - ■ Qrdllr: 2308001] Doc: l'iHHi08758 REC AU Paga5ofl9 o-t:N av,: lhly llltt Pml:.c:I: 4/20/2016 11:48:58 AM r . 72 !5. Mi,m111onem&1• 5.1 Indemnity. Bach party agr••• to defend, protect, indemnity, and aave hanlaaa the other party from and against all lo■a, liability, claina, damages, and lawsuits, including attorneys' tees and other coats and expenses, arising out ot or in any way oonnectod wit:h the r.a9ligent or willtul act or omission ~Y such indemnitying party of the obligations or privileges granted by thi■ Agre•ent. 5. 2 Arbitrat;ign. Any dispute between the parties ariaing out or or in connection with this Agreement shall be determined by arbitration conducted pursuant to the rules ot the American Arbitration A1111ooiation a■ then in etfeotr provided, however, that (a) one (1) arbitrator only shall be appointed who shall be a retired judge ot the California superior court:, (b) the arbitrator ■hall be appointed within tive (5) buaineas days after co111Nncement ot arbitration by mutual consent of the parties, provided., however, that if the parties cannot ao agree, -oh party shall appoint an arbitrator (who need not be a retired judge) within said five (5) busin••• day period, who shall act, within five (5) business days, solely to select the arbitrator hereunder (which progas11 ■hall be rapeatecl if neceaaary), (c) the arbitrator so selected llhall achedule the arbitration hearing no later than airty (60) days after appointaent and shall render his decision no more than ten (10) day• following conclusion of the arbitration hearing, and (d) the proviaions of the ca1ifomia Code or civil Procedure regarding discovery in arbitration proceedings shall be applicable to such arbitration, provided, however, that in no event shall such discovery delay the arbitration. The decision• of such. arbitrator shall be binding on the parties and may be enforced in accordance with applicable law. 5.3 Attorney's Pees. In the event either party commences an arbitration or judicial proceeding for the interpretation, enforcement, termination, cancellation or raaoiaaion hereof, or for damages tor the breach hereof, including appeals, the prevailing party shall be entitled to an awarcl or judgment against the other for an amount equal to reasonable attorneys' fees and court and other costs incurred. The •prevailing party• shall be the party which moat nearly prevails as determined by the tribunal and shall not necessarily be the party in whose favor an award or judgment is given. 5.4 Notices. Unless otherwise specificallr provided herein, all notices, demands, or other co111DUnicat ans given hereunder shall be -n writing and shall ba daaaed. to have been duly delivered upon personal delivery as of the next business day atter deposit with an overnight delivery service, or i Ordar: ·;XIIOD13 EM: 1981-G08758 R£C AU. ~6of19 er..tad &v: Clndv Jatt Prtnt8d: 4/2G/201G 11:48:'9 NII r t . ·' f· •l · . . . . -~ ......... . ·.. ..... -.. 73 ft■ ot the third busineaa day if mailed by unitod states mail, poataQa prepaid, addre■aad aa followaz It to Frazee, to: Frazee Properties Carlsbad 6145 Laurel Traa Road Carlsbad, CA 920011'9 Attn: Mr. Jiuaes Frazee It to Kelly, to: The Kally Family Trust 2770 sunny creek Road Carlsbad, CA 92008 Attn: Mr. Patrick R. Kelly and Mr. Richard Kelly If to Davidson, toa Davidson Communities, Inc. 12520 High Bluff Drive suite 300 San Diego, CA 92130 Attna Mr. William A. Davidson or to such other address or to such other person as any party shall designate to the other for such purpoae in the manner hereinabove set forth. B. s Mgrtgagea. (a) A breach of any of the terms, conditions, covenants, or restrictions of this Agreement shall not defeat or impair the lien of any mortgage or deed of trust made in good faith and for value: but such terms, covenants, conditionc, and restrictions shall be binding on and effective against any party whose title to its parcel, or any part or portion thereof, is acquired by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise, and those claiming under them. (b) Davidson and Frazee and Kelly represent and warrant that they have identified the holder of each mortgage or deed of trust on their respective properties and have caused each to execute in recordable form the Consent Agreement att~ched hereto as Exhibit •p• and incorporated herein • .a....r •• .,..,.. ,. ' "-• I r.:.....a............. . Paglt7oflV CnNlt8d By: Cindy Jett Printed: 4/:20/2016 11: .. :'8 AM ,-ordal': 2JOB0013 Doc: 1988..ae7'8 R1C ALL ---- '74 5.6 Gender. '1'he uae berein of (a) the neuter 9ender includes tha masculine and the feminine and (b) tha aingul.ar number include• the plural , whenever the context so requires. 5.7 Caption■. Captions in this Agreeaant are inserted for convenience of reference only and do not define, describe, or 1 imi t the scope or intent or this Agreemant or any of the terms hereof. 5.B Bntira Agraamant;. Thia Agreaent contains the_entira agreement between the parti•• relating to the transactions contemplated hereby, and all prior or oontamporaneous agreements, understandings, representations, and statements, oral or written, are merged herein. 5.9 Mgdification. No modification, waiver, amandllent, discharge, or change of this Agreement shall be valid unless the same i■ in writing and signed by the party against which the enforcement of such modification, waiver, amendment, discharge, or change is or may be sought. 5.10 tronsterabilU;y. The rights and pt'ivileges hereunder shall be tranaferab1e only in connection wi1:h a transfer of the parcel to which they are appurtenant. Subject to the foregoing, all tena ot this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, and against, the parties hereto and their respective legal representatives, successors and assigns. s.11 Additiona1 Actions and Documents. The parties eaoh agree to take such additional actions and execute such additional documents as shall be necessary or proper to carry out tha transactions contemplated by this Agreement. s.12 Seyerability. In the event any tam, covenant, condition, provision, or agreement herein contained is held to be invalid, void, or otherwise unenforceable by any court of competent jurisdiction, the fact that such term, covenant, condition, provision, or agreement is invalid, void, or otherwise unenforceable shall in no way affect the validity and enforceability of any other term, covenant, condition, provision, or agreement herein contained. s. 13 No Third-Porty Beneficiaries. No person shall have any enforceable rights under this Agreement other than the parties hereto and their respective successors and assigns, notwithstandin9 the provisions hereof by which other persons may exercise certain rights or privileges. -8 - ---------■■9j5iu:Srii-illllill'CINP-· --·•· ,,_. " •· " • ' ,·. -~·· ,... , ..... . ' ~ . ~. 2311D)13 Doc: 1988-il0875B Rn; All Pege8of 19 Deatl!ld ei,: Chty J8tt Prtlted: 4/20/2011111:48::59 Ntl ·:· !1 ~ .... ... _ ,,,..,.. ... , • 75 5 .14 No Waiya;t. No waiver of any default by either party shall be implied ~rom any omission by the other party to take any action in respect of such default if such default continues or is repeated. No exprau waiver of any default shall affect any default or cover any period of time other than the default and period of time specified in such express waiver. one or more waivers or any default in the performance of any term, provision, or covenant contained in this Agreement shall not be deemed to be a waiver of any sUbaacauent dsfaul t in the performance of the same term, provision, or covenant or any other term, provision, or covenant contained in this Agreement. The consent or approvai br any party to or of any act or request of the other party raqu ring consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of anI subsequent similar acts or requests. The rights and remed ea given to any party by this Agreement shall be deemed to be cwaulative, and no one of such rights and remedies shall be exclusive of any of the others, or of any other right or remedy at law or in equity which such party might otherwise have by virtue of a default under thia Agreement, and the exercise of one such right or renedy by any such party shall not impair such party's standing to exercise any other right or remedy. 5.15 BQUitable Relief. Notwithstanding any other provisions of this ACjt'eement, in the event of any violation or threatened violation by any party hereto, or by the successors or assigns of any party hereto of any of the terms, restrictions, covenants, and conditions of thia Agreement, then the other party or its auccasaors to or assigns will each have, in addition to the right to collect damages, the right to sue for specific performance of this Agreoent or to enjoin such violation or threatened violation in any court of competent jurisdiction. s.16 Eatoppel Certificates. Each party hereto covenants that upon written re«sueat of any other party, it shall, within fourteen (14) days after receipt ot such request, give to such other party, or person specified by such requesting party, an estoppel certificate stating (a) whether the party to whom the request has been directed knows of any default under this Agreement, and if there are known defauits, &L)ecifying the nature thereof, (b) whether to its knowledge this Agreement has been assigned, modified, or amended in any way (or if it has, then stating the nature thereof), (c) that to the party's knowledge, this Agreement as of the data of the estoppal certiticate is in full foroe and effect, and (d) any other 1nfot'111at1on reasonably required by the requesting party. 5.17 B!!as.9nable construoti.9n. No rule of strict construction shall apply to this Agreement. This Agreement shall be given a reasonable construction so that the intention of the CrNtad By: Chiv llltt Pmtact 4/20/2016 11:48:51 AM Dnlllr: 23080013 Due: 198B-G08758 REC ALL Paga9af 1D l1v~ ... ... ~,k.1· C 76 parti•• to oonrer a u■able right or privile9a ot enjoyment on the 9rantaa ot any easement or license 9iven hereunder is carried out, con•iatent with the reserved ri9hta ot the grantor. 5.18 5:Ali.;Cornia Lax• This Agreement shall be construed and enforced in accordance with the law■ of the State of California. !5.19 BMRoODble eon■enta. Whenever a party's concurrence or con■ent is required by the terms of this Agreement as to any aation of the other party, unless otherwise expressly provided herein, such consent or concurrence aha1l not be unreasonably withheld. s. 20 Ragordation of Aqraam.ent. Thia Agreement shall ba recorded by the parties in the Official Records, county ot San Diego. 'l'be recorded document shall be removed troa title by the parties hereto upon satisfaction of all tarns and condition• to this Agreement no later than fifteen (15) days ~ollowing written request therefor by any party hereto. 6. coyanant■ That Run with tha Land, Release ot Liab;l,1 ity • (a) The obligations and benefits contained herein are covenants that run with the land and shall bind the auccea■ora, heir■ or assigns in interest of the parties hereto as to tbeir reepective parcels. Without limiting the generality of the foregoing, t:be parties intend this Agreement to conply with all relevant provisions of California law regarding covenants that run with the land including, but not limited to, California civil Code section 1468. (b) The parties further agree that if Davidson transfers any maintenance obli9ations hereunder to the City or to a homeowners aaaooiation pursuant to recorded dec1aration or other appropriate instrument, it shall have no further responsibility ror maintenance except as expressly provided to the contrary. (o) Upon a sale or other transfer of either the Davidson Property or the Frazee Property and the I<elly Property, and upon a written assumption by the transferee o~ the obligations set forth herein, the transferring owner shall be relaaaed from any further liability hereunder for amounts or obligations accruing after the date of transfer, and such suooessor shall be liable therefor so long as he is an owner of aucb property. Notwithstanding any provision to the contrary herein (except as aat forth in Section 7(b) above), a transfer of tba Davidson Property, or part thereot, to an indi. vidual homeowner or homeowners association shall not act to release -10 - FPFF n ·rm: r ,,,._ ·· • ..... • ···· I I I Drdar: 231111D013 Doc: 1--608758 REC ALL Paga10of19 Or-.atad By: Chiv l.tt Mlla:I: 4/31/201611:48:51 AM -"/ 77 Davidson rrom any financial obligations to Fraze• and Kelly sat forth in this Agreement, IN WITNESS WHEREOF, thi■ Agreement is executed as of the date first above written, IWl21-0 utzet■• a, • FRAZEE PROPERTIES CARISBAD THE KELLY FAMILY TRUST UrYrt:JJ/1;( NOVEMBER ~J1985 ll(}( tee By~~ berttrickllY,as Trustee DAVIDSON COMMUNITIES, INC,, a California corporation By: ~l" £\ CJ\. - W o/am A, Davidson, President By:.....,...T'T ___ ::..,L:..,._J_. -~...;::;lvU--~----- -11 - t \ ~ f • r t • ' ( I\ ~. "' ? , \ , .4 I -~ '.1 ■ Ordlr:2lmm013 Doc:1IN&608751BRECAl.l Page Uof UI Created By; Chly Jatt PR1ted: 4/20/'20UI 11:48:!IO AM I tee I 78 ~ me, the uncle11111ned. 1 NOllfY PullllC III and for ~&< ... _~ --... - peqonllly knowtl to me1or .,_d lo me on the ballll ol tllll· flCIOI)' evlde O Ill IM n 1h11 uecutld the wtt11k1 ~ --f>Ji--llllrtllelfll. )~~-- ----·-, the pertnershtp IO Mt lhll Ille 1111nne,ehlp (Thll 1111 for offlGIII notarlal .... peraonally known lo me ,or ,,_d IO ... on 1M bas• 01111tt-----~~----:,.:"..~.~-~;i,.~,:.-::J factory ev,cience)to be the perao~I wt1o1e 111111aca1-,1re 1111>-, '..l" !'. n , F l-, ; , •: 4 !;ON IClobed lo the WIChrll 11181r,Jffl811t llld ICknowtedged to me thll C!a..-:S~::::: \ • ...__. .-: • -··, helahe/!.')8J e1ec:uled the ume WITNE STATE OF CALIFORNIA COUNTYOf -San Diego ' ' !SI ~--""·;•-• -1,1'• (T"'8 area for offk:lel notartel eeaO on _ Ngvember 15, 1988 bolore me, lhe 11ndlr1,vned, • Not.,y Public ,n encl tor William A. Davidson and • pelSOll8~ known lo mt co, proved lo me on lh■ 11M11 of Nl•sf•ctorv 0Vld811C91 to be 1118 pe,son1 who e1ecut~ the wothtn inetrument H _ Prn1C1en11111C1 • Vice Pres. ~behelfol. Qavidson Communities, Inc. lh■ co,poretion tharem named, ■rid acknowledged to me thal IUChCOtl)Ot8IIOn e1ecuted the Mihm Nlllrument .... , .... n, to,,. I Drdar: 2:JIBIU13 ooc: 1VIIIHIOll758 RB: ALL • LSltAI, £LIZABETH J. SPEER NOTNl'/PUIIUI;. CALl'OANIII SAN IJl[llOCOUl'f,.. .. ,c-.,_, .... ,12 1910 (This area lor official nolar,al -11 ' I Cf"Nted By: Chiv Jatt Prlntad: 4/211/2016 11:49:00 Not ' I ,- 79 EXHIBIT A • LBGAL DESCRIPTION THB LAND REFERRED TO IN THIS ESCROW IS SITUATBD IN THB STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DBSCRIBBD AS FOLLOWS: PARCEL 11 ALL THAT PARCEL OF LAND DBSIGNAT~D AS "bBSCRIPTION HO.,, 1O3.S4 ACRES", AS SIIOVN AND DBLIHEATBD OH RICORD OF SURVBY HAP HO. 571S, FILED IN TBB OFFICE OF COUNTY RBCORDU OF SAN DIBGO COUNTY, DBCBHBBR 19, 1960, BIING A PORTION OP LOT "G" OF TUB RANCHO AGUA HBDIONDA, IN TBB COUNTY OF SAH DIEGO, STATE OF CALIFORNIA, ACCORDING TO HAP TBBRBOP NO. 823, FILED IR TRB OFFICE OF COUNTY RECORDER OF SAN DIBGO COUNTY, HOVBHBBR 16, 1896. EXCBPTING TUBRBFROM THAT PORTION TBBRBOF BEGINNING AT TUB HORTUVBSTBRLY CORNER OF SAID DESCRIPTION HO. S, SAID POINT BBIRG THE INTERSECTION OF LAUREL TRBB ROAD AHD THB HORTUBRLY LIMB OF SAID DESCRIPTION NO. S; THENCE ALONG-8Ain HORTHBRLY LIMB, HORTH 83•40'44" EAST, 584.96 FBBT; THBNC& SOUTH 45~31 149" BAST, 1129.51 FEET; THENCE SOUTH 70•09•so" VBST, 17 .26 FBBT TO THE BBGIKHIHG OF A TANGBHT CURV.B, COHCAVB SOUTHlU.S'ttmLT, HAVING A RADIOS OF 300.00 FEIT; TBBNCB SOUTHWBSTBRLY ALONG SAID CURVE, 51.13 FEET THROUGH A CENTRAL ANGLE OF 9•4s•ss": TRBHCB TAHGBHT TO SAID CURVE, SOUTH 60•23•ss" WBST, 115.S8 FBB'l':"TKBNCB SOUTH 57•18145" WEST. 328.58 FEET TO THE BEGINNING OF A TAHGBNT CURVE, CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE FROM SAID POINT BBARS SOUTH 57•03•32" WEST; 'l'HBNCB NORTHWESTERLY ALONG SAID CURVE, 334 .6S FBBT THROUGH A CENTRAL ANGLE OF 3a•201 s4"; THENCE TANGENT TO SAID CURVE, HORTH 11 •17•2211 VEST, 336.40 FBBT TO TUB BBGIHHIHG OF A TAffGEHT CU.RVS, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 570.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, 844.63 FEET THROUGH A CEN'l'RAL ANGLE OF 84•54'OS"r THBUCB TANGENT TO SAID CURVE, HORTH 13°36 1 43" EAST, 5.13 FEET TO THE POINT OF BEGINNING, COMPRISIKG APPROXIMATELY 18.1115 ACRES. PARCEL 2: BASEHBNTS FOR ROADWAY AND UTILITY PURPOSES OVBR TBOSE CBRT.AIH STRIPS OF LAND DESIGNATED AS "60 FOOT BASEMENT AND 66 FOOT EASEMENT RESERVED FOR ROADWAY AND UTILITY PURPOSES", AS SHOWN ON SAID RECORD OF SURVEY HAP NO. 5715. EXCEPTING FROM SAID 60 FOOT STRIP, THAT PORTION WHICH LIES WITHIN PARCEL NO. 1 ABOVE. THE EASEMENTS HEREIN DESCRIBED ARE HEREBY l>ECLARED TO BE APPURTENANT TO ALD FOR THE USE AND BENEFIT OF THE PRESENT AND FUTURE OWNERS OF ALL OR ANY PORTION OF "DESCRIPTION NO. S, 103.54 ACRES', AS SHOWN AND DELINEATED ON SAID RECORD OF SURVEY HAP NO. 5715. 1·ii..;;.....13 Doc: 1988-6087.WRECAU. Page 13 of19 D'eated9':(hiyJett Prlnted:4/20/201011:49:0DMI -80 EXHIBI'l' 11 B11 DAVIDSON PROPERTY LEGAL DESCRIPTION -OPEN SPACE LO'l' 89 A PORTION OF DBSCRIP'l'ION NO. 5 ACCORDING 'I'O RECORD OP SURVEY MAP 5715, FILED IN THE OFPICE OF THE COUNTY RBCORDBR OF SAN DIEGO COUNTY, DBCBMBBR 19, 1960, BBIHO A PORTION OP L0'1' 'O' OP RANCHO AGUA HEDIOIJDA, IN 'THE COUB'l'Y OP SAN DIBOO, STATE OF CALIFORNIA, ACCORDING TO MAP 'l'HBRBOF NO. 823, PILBD IR THE OPPICE OF 'l'HB COUN'l'Y RBCORDBR OP SAN DIEGO COUNTY, NOVEMBER 16, 1896, HORB PARTICULARLY .DBSCRJ:BBD NI FOLLOWS t BEGINNING AT 'rHB MOST BAS'l'BRLY CORNBR OP SAID DESCRIPTION NO. Sr THENCE, ALONG THB WIS'l'BRLY BOUNDARY THBRBOF, NORTH 43 • 13 '3 3" WEST 460 • 57 FRET ( RECORD NORTH 43 • 11 1 43" WEST 460. 37 PBB'I': THENCE NORTH 39•32 1 47" WBS'l' 887.15 l'BET (RBCORD NORTH 35•35•1011 WEST 896.88) r fflBNCE NOR'ftl 79•19•35" WBST 377.70 PEET (RBCORD NORTH 75 °23 '21" WEST 377.94 PBl!CT) TO 'l'HB TRUE POINT OF BEGINNING, THBNCB, CONTINUING ALOHG SAID WESTERLY BOUNDARY, NOR"DI 41•28 1 45 11 WEST 1896. 35 PRE'l' (RECORD NORTH 41•21 1 46" WEST 1086. 50 FEET) r THENCE NOR'l'H 57• 11 • 35•• WBST S02.22 FEET (RECORD NORTH 57•12 '36" WEST) TO THE NOR'rHBAST CORNER OP SAID DBSCRIPTION NO. Sr THENCB, ALoNG THB NORTHERLY BOUNDARY THBRBOF, SOUTH 83 • 41 '45" WEST ( RECORD SOUTH 83 • 40 • 44 • WEST) 931 • 38 FEET TO THE NORTHWEST CORNER OF LAND COltVBYBD TO CARLSBAD LANDS INVESTORS BY DBBD RECORDED DECEMBER 30, 1987 AS PILB/PAGE 87-713698 OP OFFICIAL RECORDS: THBNCB, ALONG THE WBSTBRLY LINB OP SAID CARLSBAD INVESTORS LAND, SOUTH 45 • 32 1 5 7 • WIST ( RBCORD SOUTH 45 • 31 '49 '' BAST) 104 7 • 51 FBBT TO A POINT IN A NON-TANGENT 316.00-POOT RADIUS CURVE, CONCAVE NORTHWESTERLY (A RADIAL ro SAID POINT BEARS SOUTH 48°01 '44" BAST) r 'l'HENCB NORTBBABTBRL'Y ALONG THE ARC OP SAID CURVB THROUGH A CENTRAL ANGLE OP 14-•09 116" A DIS'l'ANCB OP 77. 97 FEET TO THB BEGINNING OF A TA&GIN'l' so.OO-FOOT RADIUS COMPOUND CURVE, CONCAVE NORTHWESTERLY (A RADIAL 'l'O SAID POINT BBARB SOUTH 63 °10 '01 '' EAST) : TBENCB NORTHBA STBRLY ALONG THE ARC OF SA 1D CURVE TB ROUGH A CENTRAL ANGLE OF 35•19 15211 A DISTANCE OF 30.83 FEB'l' TO THE BBOINNIJICJ OP A 'l'AHQBNT so.oo-POOT RADlUS REVERSE CURVE, CONCAVE SOU'l'HBRLY (A RADIAL TO SAID POINT BEARS SOUTH 82°30'07" WEST) 1 THENCE HOR'l'HBAS'l'IRLY, BASTBRLY AND SOJTHEASTERLY ALONG 'l'HE ARC OF SAID CURVE TBROUOB A CENTRAL ANGLE OP 122°31'13" A DISTANCE OP 106. 92 FBBT: THBJIICB, RADIAL TO SAID CURVE, NOR'Di 25•01' 20° EAST 220. 00 PBl!:T r 'l'BBNCE SOUTH 57 • 4 7 ' 06" BAST 41 7 • 93 PEET: 'l'RBNCB SOUTH 42•41•14• BAST 567.17 PBB'l'r THENCE NORTH 83°40'12" EAST 371.48 FBBT TO THI TRUB POINT OF BBOINHING. --------·--·-··· _ ..... .. + •< ···,.~. t ~ .. . .• ~:3 !: 1~91 Rte AU. P-e-14of19 CrNud By: Chty i.tt Prhmd: 4/20/21116 11:41:00 AM 81 EXHIBIT "C" FRAZEE PROPERTY In the City of carl•ba.S, County of San Die,o, Sta~• of C.U.fomia, being • po~tion of. Lot "G" of Rancho Agua Ha411on4a, according to the Map thereof No. 823, 11\0l'e particularly deeodbed •• follows, Beginning at the moat Ba■terly comer common to Parcel• •a• and •c" of Parcel Map No. 2993, filed in the office of the Count;y Recorder of aaid San Diego county, thence Baaterly along the southerly Une of aald Parcel •c•, North 73•25•32• East, 218,15 feet to ~h• beqlnnln9 of a tan9ent curve concave Southerly an4 having a racliue of 800.00 feet, thence leaving eaid Southerly line, Ba■torly along eal4 curve through a central angle of 22•52•27• an arc len9th of 319.39 feet, thence tan9ent to aai4 ourva south 83°43 101" Ra■t. 254.06 fee~, thenaa south 81°37•46" Baat, 525.00 fee~ to a point in the Southve■terly exten■ion of the southeaa~erly line of Parcel 0 o• of aald Paraal Map RO, 29931 thence Southweaterly alon9 said extenalon South 13•3&••3• Weat, 114.38 faet, thence south ?1•35•51• weat, 11,s.74 feet to the Southea■t corner of aaid Parcel •a", thonoe Northwesterly along ~he Northoaat line of ■aid Parcel••• North 18•24'09" wait, S19.tl feet to the POINT OP BBOIHHINO, : it • . ,, ' .,.,.: ~ containln9 10. 331 Acree, I I ' r ~: ~13 ~: UIIIB-6011758 REC AU. Paga 15of 19 O'aatad 9\': Cindy Jett ........ : ◄/20/2016 1h49:CIO AM ,---. ··-. :-· .. -- . .,...,..,..,,. ..... EXHIBIT 110• KELLY PROPERTY PARCIL,! In the Cltf ot C•rl@ad, County of San 1>1,o, St.ate of California, beln9 Paroel •c of Parcel Hap Ho. 2993, fllecl n the Offioe of the count.y Reoorder of •aid San Diego county together with a po:ttion of Lot "G• of llanoho A9ua Hediondia, aooo~dln1 to Map th11reof No. 823, •• a whole deeorlbed •• followea Be9lnnin1 at the Northweat corner of aald Parcel •c•, ••1« point bolng ln the Southerly Right-of•W•Y lin• of Palomar Airport Road a■ ehown on ■aid Parcel Map No. 39931 thenoe along eaid Ri9ht•ot-w•y line, Baeterly alon9 the Northerly line of aa.ld Parcel •c• • North 10•12 •3711 Baat:, 675. 53 foot to the beginning of a tangent. curve concave southerly an4 having a ra4J.ue of 1450. Ol' feat, thence Ba■tedy along •aid curve throu9h a central an9le of 25•,n •so• an aro len9th of 650. 33 feet; thence leavtn1 ■aid Right-of-Way, Southea■terly along the North•••tarly • boundarr of Hid Parcel •c• and i:he extenalon ~hereof South 28°55 • 39" Baat, 7 6.91 feet, thence North 11•37••&• W.■t, 305.26 fee~, thence North &3•42•01.• Weat, 254. 06 feet to the be9innlng of a tan9ent ourve conoave southerly an4 havin9 a radiu• of aoo.oo feat, thence weatarly alon9 ■aid curve thro119h • central angle of 2a•s2•27• an arc len9th of 319.39 feet to a point in the South line of aald Parcel "C", thence tangent to Hld curve along aai4 south line south 73•25 • 32" Waat, 764. 33 feet to the southweat corner of aald Paroel •c-. aaict comer beln9 in the aro of a non•tangeat curve concave westerly and havin9 a radiu• of 800.00 feet, a radial line through •ai4 point bear• SOutb • 76•32'17" B••t1 tbenoe Northerly along the Heat line of ■aid Parcel •c• 1 along the arc of aald curve through a central angle of' 2:,•151 06" an arc len9th of 32•. 66 feet: thence t11119ent to aal4 curve Honh 9•47•23• We■t, 115.23 feet: to the POINT OP BBClHNlNG. COntalnint 17.115 Acre■• PARCJL? In the City of carleba4, count.y of San Di,o, State of CAlifomia, bein9 Parcel •o• of Parcel Map No. 2993, filed n the ortice of tho county Recorder of aald San Dle90 county, together with a portion of Lot "G" of Rancho Agua He4ionaa, accord n9 to Map thereof No. 823, aa a whole deeorlbe4 a■ follows, Beginning at the Northwe■t corner of said Parael •o•, aa14 point being in d\e southerly Right-of•Nay line of Palomar Airport Road as shown on ••id Parcel Map 110. 2993, ■aic1 p0i.nt. aleo being ln the arc of a non-tangent ourve concave Southerly and havincJ a racliua of 1450.00 feet, a radial llne through said point bear• Noi:th 5•54•21• Bast, thence a.1terly alon9 ■aid Right-of-Way line an4 curve through~ a•ntral angle oi s•11•24• an arc lon9th of 131. :U feet., thence tangent to aa14 curve south 7&•54 109" Baet,573.30 feet to the Northeast corner of eald Parcel ~o•, thence leavin9 aald Ritht•of•Way line, southerly along ~he Baster1Y line of ■aid Parcel •o• and the southerly extension thereof south 13•3&'43" west, 545.00 feet, thence North 81•31'46" West, 219,74 foet to ~he southeaaterly extan•ion of the SouthwaatetlY line of eaid Parcel wo•, thence along aa14 e~tenaion an4 along aaid south- ve•torly line Horth 2a•s5•391t wa■t, 716.91 feet to the POINT OF 8BGIN- NINCI. containing S.882 Acree. P.aga 16of19 w; _ , ; . -- ~ ~ \ ' ' . . · : ' . w ~\ .' . : , • · . . ;,; , " ' • : .. ·· ~ ... ,: , - : . . . -c - · )r . •. ... . · .. ,:: - - . , . . _ - _- . ~ ~ .· . : 'I• • 'A t : ' J , : - . . .. "t W " i ~ '.:" ~ 08 8 - 0 0 8 7 5 1 8 RE C All P. . , a 1 7 o f 1 9 ~- - - - - - - - - - - - - I. t I 1 h fl • 1 ' I t 1 \4 ' ~ J ◄ ~: • Cr e a t e d By : Ch i v Ja t t Pri n t e d : 4/ 2 0 / 2 0 1 6 11 : 4 9 : 0 1 AM • 84 BXRIBI'f •p• RECORDINO UQVISTID BY ) AND WHN UCORDll:D, NAIL TOI ) , , , , ) > , ) (Space above for aacorder'• ue only) CQIIRD' AGBIIIIU 'l'h• undenivnecl, -------------~ ...... -~__.._, • c-Roider1), holder of that aertaln -----------elated _____ ,..__ ...... _, 1, , ln tile -.-1111-o'""t-,:::::::::::::-,-payable upon th• tiiii and conclitlon• de■aribecl herein, ••cnand by 1:hat certain _______ _ , dated _________ , 19 , nooiclici ln Elie -o-11-1-o-1-.-1-11eao--rc1-. o~ aan 61990 county on -, 11 , •• I1111truaent: Bo. ____ (the •ortcJ•fJe*) h•ribi agree• •• to11ov•1 1. Th• KORCJ&CJe, together Vitia all renewal• and extenaion• thereof, l•, ulCI at all tiaa■ benin aba11 naaln, prior and •uperJ.or to the A9nnent Between Landovnen attac:hed b•reto a• IXbibit •&• (tile •Agr•••nt•) with reapeot to that certain real property aor• particularly cleacribm in Exbiltit ••• taer•u (tu •l'rOpeztr•> • a. lfotvltllatan41JICJ 1:h• torqoi.119, Holder beNby ~on•ent• to ncordatlon ot t:11• A9re ... nt on tb• Property and a9reea •• follcnras •. n i• tb• expn•• intent of the r.rtiu hent:o that: a foreclo1un or ~• Nonpge, t:ha exero •• of tlle power ot •1• or th• axerclN ot •llf otller r...slu provided ~rein, or provi4ed in any other in•truaena aecnari119 tbe indebt:edn ... eeoured by tbe Nonqate, or t.be delivery of a deed to the Protenr 111 1h11 ot ~onclonn, uall not, o~ itHlf, re■ult ln the tenination of or MbenriN affeft the &greaent, 07/01/11 e1oc.211 t--------------~-. ~ ,, ' ... . .. ~-.. 1: •. ~-lti,I;,!'-~-· .. 3 Doc: 1988-«JB7!JIIRECAU hgel8of19 D'8lll8d av: i::hdy Jett Printed: 4/20/2016 11:49:01 AM ,----·-.... ., 85 but Holder and any purcb•••r or other 9rant•• upon torecloeure of Nld Non9a9• or c:onveyance in U•u of th• toreclo•ur• ehall thereby au~atloally •ucceed to th• po■ition of ______ _ under th• ~•r••••nt. -b. lf, by di ■poa••••ion, torealo•ure, exerci•• of the power of ••le, or othervi•e, Holder, iu auec•••or■ or •••ign■, or any purch•••r at I for•alo•ure aale, or ot:hervi•• ■hall coae into po•■eaaion of or becoae tb• owner of the Property, a11ch peraon ■hall •uoceecl to the lnten■t of under tta. Atr••••nt, and if no default then -.-1 ... -t ... ■---u ... nd...,,..•-r-th=• una, condition• and proviaion• of the At)naent, the Avr .... nt ahall naain in etfeft, ~~•r vi~ all of the r.l9ht11 And prlv11•9•• therein contained, betv••n ■uch peraona and --.-.--...... --for the balance or 1:be ten of the Agr .... nt. ioiair, 1£• nc:o•••or■ or •••iP•, or any purcba■er at a foreoloaun or tru•te•'• ■al• or othervl•• vlJ.1 be bound by all of t:be obll9ationa iapo■ed by tile Atn ... nt upon , provided, bovever, 1:bat Bolder or any purolla■•r -..... ,-•___,f_o_re_c.,..10-■-u-n-or truatee'• ••1• or otherwi•• aball not: be (1) liable for any•= or oale•lon of I prior owner, (ii) eubjec:t to any offaeta or dafen••• Vhlab al9ht have a9alnat any prior ovner, or (111) INMiiicl _ __,_...,by._.,..•n--~-- •9naent or aodifioatlon in the A9re-nt aade vit:bout t.11• c:onaent of Bolder. 07/01/11 A5106.211 ----------------· ·--------------- trNtad By: dndv llltt Prlntad: 4/20/2016 11:49:01 AM •• .;,.,: ZDIJll13 Doc: 198B-tlOll758 REC ALL Pag819af1V --..,..,__... ,'!f, • • ~ 1 "'II .-. 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