HomeMy WebLinkAboutV 2020-0001; PREVOST CONSTUCTION MONUMENT SIGN; Variance (V){"city of
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)
Deye(opmept Pennits (FOR DEPT. USE ONLY) Legi'slatlye Perm/ts (FOR DEPT. USE ONLY)
D Coastal Development Permit
D Conditional Use Pennlt
D Minor D Extension
D Day Care (Large)
0 Minor
D Environmental Impact Assessment
D Habitat Management Permit
0 Hillside Development Permit
0Minor
D Minor
D Nonconforming Construction Permit
D Planned Development Pennlt D Minor
D Residential D Non-Residential
0 Planning Commission Oetennlnation
D Reasonable Accommodation
D Site Development Plan 0Minor
D Special Use Permit
0 Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
Jil... Variance ~inor
f--------1
f--------1
'------'
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
Pennits
D Review Permit
0 Administrative O Minor D Major
VIiiage Review Area Pennits
0 Review Permit
0 Administrative D Minor O Major
NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT'. PLEASE CONTACTfflE APPOINTMENT SPECIALIST
AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT.
ASSESSOR PARCEL NO(S):
LOCATION OF PROJECT:
NAME OF PROJECT:
BRIEF DESCRIPTION OF
PROJECT:
PROJECT VALUE
(SITE IMPROVEMENTS)
FOR CITY USE ONLY
Development No. Di;: I/ 2JJ LQ -D 6 f 1
P-1
"SAME DAY APPOINTMENTS ARE NOT AVAILABLE
(STREET ADDRESS)
ESTIMATED COMPLETION DATE
Lead Case No.
Page 1 of6 Revised 03/17
OWNER NAME
INDIVIDUAL NAME
(if applicable):
COMPANY NAME
{if applicable):
MAILING ADDRESS:
CITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
(PLEASE PRINT)
A/A
2,32> I GM,t:,ez._p sSL
0.8:L.S 13AP , CA;: ;l2.
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL n-tE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE. l CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS
SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR
'c>"e~OF THI LIGATION.
APPLICANT NAME {PLEASE PRINT)
INDIVIDUAL NAME I _ ,;,.
(' appllmblo)< Ch 0. \" u;S ':-1(), \'1:'.3
COMPANY NAME . ,
(if applicable): r I Q§
MAJLINGADDRESS:~1!~3.Llf.l.led~'Q,ilk_ __ _
CITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
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.
APPLICANT'S REPRESENTATIVE (Pant), ~ho.rt~ qa~i,'
MAILING ADDREss \5:w3 to.l\ e., Rjct E:.nc , ±iiii,. C
CITY,STATE,ZIP, J:_N'e/1\J JJA:S,i C4:: 5z.o2-4:=
TELEPHONE 7{,zO _ <a I 3 -9 I 52---:
EMAIL ADDRESS: • •
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF ll-tlS APPLICATION AND THAT ALL THE ABOVE
INFOR rs UE AND CORRECT TO THE BEST OF MY
KN EDGE.
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LA N ANY SUCCESSORS IN INTEREST.
ERTY OWNER SIGNATURE
JAN 2 f 1010
DATE St /IMP APPLICATION RECEIVED
RECEIVED BY,
P-1 Page 2 of6 Revised 03/17
JUSTIFICATION FOR VARIANCE
By law a Varianc~ may be approved only if certain facts are found to exist, Please read these requirements carefully
and explain how .the proposed project meets each of these facts. Use additional sheets if necessary.
1, Explain wha~ special circumstances are applicable to the subject property, including size, shape, topography,
lo?~tion or ~urroundings, whereby the strict application of the zoning ordinance deprives such property of
pr1vtleges enjoyed by other property in the vicinity and under identical zoning classification:
' .$a::A7'!Jtd/eP RtrPL.Y
2. Explain why \he granting of the variance coes not constitute a grant of special privileges 1ncor:sistent with the
lirr.1tations upon other properties in the vicinity and z:one in which tr>e sub;ect property 1s located and 1s suojec\
to any conditions necessary to assure compliance with this finding:
r\
3. Explain why the granting of the variance does not authorize a use or activity which is not otherwise expressly
authorized bY the zone regulation governing the subject property:
II
4, Explain why the granting of the variance is consistent with the general purpose and intent of the General Plan
and any applicable specific or Master Plans:
ii I I
5. If located within the coastal zone, explain why the variance is consistent with and implements the requirements
of the certified \ocal coastal program and that the variance does not reduce or in any manner adversely affect
the protection of coastal resources.
I I II
Page 4 of 4 Rev1:;tacl 03117
GANG
Engineering
January 28, 2020
#1802.01 James Greenhouse;
Request for Side Yard Setback Variance
3931 Garfield Street, Carlsbad, California
{Project Reference Permit #CBR2019-3167)
Justification For Variance
( 1802. D 1. Va ria nee.Justification. 2020. O 1. 28)
Engineering
Structural/Civil
Forensic
Construction Defect
Property&Premises
1.) The special circumstance(s) unique to this property include the potential imminent
damage to the sensitive tree root system present in the rear yard area of this property.
The said tree, a Quercus Agrifolia (Live Oak), is recognized and designated as an approved
specie in the City of Carlsbad "Community Forest Management Plan" (and by many other
Coastal California City, State and Federal governing jurisdictions).
The property owner started the foundation excavation and concrete placement before
seeking a permit based on the earlier incorrect information, as provided by the City of
Carlsbad Building Department, informing the owner that a permit was not required for a
non-habitable small accessory structure herein noted as the 'greenhouse' or plant storage
building.
Subsequently, the owner was informed that a permit is required for the said 368 SF
accessory structure.
Currently the required side yard setback is 5 feet; however, the previously placed concrete
foundations and structure are currently located at 3 feet from the north property line.
Admittedly, the erroneous information provided to the owner by the City of Carlsbad,
regarding the 'no permit' requirement, contributed to creating this non-compliant issue.
Regardless, the owner has willingly pursued the required permit approvals. To date all
approvals have been granted excepting for this request for a side yard setback variance.
The problem is, the required structurally large isolated concrete pad footings have already
compromised the tree's root system. And, moving the structure 2 feet to the south will
require all new foundations. There are now already 12 footings in place averaging 2.5 feet
in diameter and 5 foot in depth.
The relocation of new footings doubles the footing total to 24, increasing the foundation
intrusion into the tree roots by 200%. Likely, this intrusion will stress the 50+ year old tree
beyond its reasonable expectation to survive the construction disturbance.
2.) Granting the approval of this requested variance does not create a 'special privilege'.
Any private property with similar circumstances should be granted this privilege for the
sake of the Community Forest Canopy. The tree provides many recognized benefits (see
City of Carlsbad 2019 "Community Forest Management Plan" (CFMP).
Gang Engineering
7606139152
1563 Calle Ryan, Encinitas, CA 92024
engineering24x7@gmail com
2
3.) At this time there is no other recognized procedure or regulation to address this issue
other then a requested variance. But this request is not un-common, trees are often in
need of protection in construction, sometimes afforded by tree protection regulations; or,
in the absence of said regulations, by this method of approval by variance.
4.) Granting this variance approval is consistent with the "Community Forest Management
Plan" goals of saving the Forest Canopy in Carlsbad, which specifically states, "It is the goal
of the plan to replace any tree removed with two new trees".
In addition it is critical consistent with City recognized environmental goals, including
native specie preservation, as well as being an active preventive measure against climate
change negative effects.
5.) This proposed variance request is consistent and compliant with the requirements of
the certified local coastal program and as submitted was approved for an exemption of
further review based on the merits of the approved plans as submitted. In now way does
the requested variance negate or otherwise affect that previous approval/exemption as
previously granted.
**PLEASE HELP SAVE THIS IMPORTANT RECOGNIZED NATIVE LIVE OAK TREE**
(Please do not deny this reasonable request or the abandonment of the already paid for
and pre-fabricated steel and glass greenhouse now located on site ready for completion
upon your approval.)
Gang Engineering,
7606139152
1563 Calle Ryan, Encinitas, CA 92024
engineering24x7@gmail.com
3
References:
1.) 2019 Approved "Community Forest Management Plan"; Street Tree Specie List, Large.
.,.
~aru,,, e(7<11ttrJ
0/ctos d~cd~,a
Cin~~<'r'O
C"1j,mb.c <,!,.<¾lbr,;,
/idf()k(I
0$41'UJ.1Kl ""00
fli¢tWJIIUw ,o~is
htu,',·r;w:, 1frwq1&,
f"rzythw, uNU, 'Mvje,wt ile<J.,/:,'
ClhNUiJ (r"l'!Utm e&t. /,1,a,mi>
Gt'faJ!t'¢ mt,.,w
11,·, "1<lt "'"'"' n¾,t{t,:~,.,~
\t>,\,ro
t,quuWmoo, ,r~rot,fWo
lllldiflfi,«1,h
" .,/Jr.I 1,emo.,1i, 'N~Wi1t'
CJ~""< 091,fM'"
"" 0,1,:~x
Q,.,,._.,.,, ,uMf
O>lerwi \W~o
S:p<>ll'iMN ~~mr,urui¾tra
Ufl\1Wtl}on,,ftllro
im,b,•!,u1~,,~ 1¢1/f!Nr,,i,i
Garig Engirieering,
7606139152
"""n<eDldM
Riw,N~
0000m c~do,
C""11pher 1r .. e
ee,11un «tnt~d tur,
lle~g g11nt
I ",di.in Ru-uod
IIJWrt/:djlU/1'\
~,;<I 11cr<1!:;Jd,
MljOMli<: ik;,#rlj' "'1'
!krnles, k-· ~-. ,;.~. " l,ill.0.1<
\.lu,11~, ' ·,~,.
i!.1.t,~ .. 1Jil
AmeritA,1 \,wee,gun,
~rn~
(:aj~t,~
l;okor,,bia lQMleil !>latl"
C-•l ,1IJ11dµ,r1,
1Uli¥1 Swm, ,lrt<I:
ro,,~Vll'""
WMtw,n'I CUIIQUW<'Wd
(OM\t ;,_, cs,<
Holl·~"':,
cu, I.,,,.~
5"ls>lh,i,H\{M G.lk
Al1k"'1 Tulip T<i-te
Clnn~" ,;J,n 'Ali«'
(_;l1MffllN ,OL>d
-....
"'"'--.. H, ,~
h~re'"~~ S0•7U , .. ' ""' l.e<rm-n '"" £•erwun .,.,
!•~,weer. W-80 .. _, H--0
Dt"<tds-4';-60
he!K«'"~ 45-1!i(I•
;:,~ri;,,,~r j()-90
Du,ou.ois. "'" (kc,,L CC/-0:,0
h.-,,,t~n ,..,
<,~, •Kt!/0 4\ ,:,o
Oe.:I"-"""' O~cidwal 60-~(I
["i!flliU~ .,.,.
hergreen """ ·-.,.,
!,<",~reen "'"' (~t! '" -lvmt"'~n 4C-SD
Chi0th,ou~ "" ,, .. ,~,"~" ¼NP ..... , '~"" 4050
he,g•~"" 40-60
t.-etpeeM .,..,
c.,,e,g,un ~(HS ,_ U-5~
1.,,,.,;,,,,,,, l()Ul
Ed/J 9Cw ,,., Mod .,.,., SO•
50<0 -'"., f,>,1
15-00 Moo. ,,., -!OS -lD·O<' r ~,\
'""' l't,l
J[N(j HH
]~<IC ,.,
h >C r .. ,i
'""' "" -·~ ,,.., ....
io-i~ Mod -'"' '"'' fd!,! ... ., ""' '"' r ,,.1
"' '" 'i,T(;;) !,!,.,tr
"'"' Mu~.
~a .,,,:; Slaw .,.., '"' 20-W f;,;,:
""' -Ul-U) •;,c1w
Mod.
"""
MO,:/
""' M°'
" C<l'N
M<>d -MOJ ,~.
Mu,J.
M~.
""'
""' "' ,<'.w
M<l<l,
""' "' Mad. ,i,gn -""'
1563 Calle Ryan, Encmitas, CA 92024
engineenng24x7@9ma11.com
2,) 2019 Approved City of Carlbad, "Community Forest Management Plan"
News Updates
ement Plan Approved
Carlsbad City COIJ(ICtl has approved an update lo the CpmmuO!JY Forest
anagement Plan. a doeument 1h31 describes hor'N the city cares for i!s e.1ustmg
and wffl increase: rts owmll iorest canopy.'
approved plan wtik.h .s avai!abtefor reVffl'W on lhe atys websllle. nol onty
scnbestlow the city will care for 1ts trees. bu! a!So prOVfdes a list of the spe(;te5
he cily can plant in areas !Kflaeaol. to pobbc s1raets The updated plan also sels a
goal of 1ncreas1ng IN overall number of trees on city c,wned or conlrol:led properties, wtuch \WI uitim&lefy
increase ttie capture of greenhOuse gase-s
Tr,e.as provides such benefits as.
Shado and energy consorvation
Habitat for wdd animafs
lmprovod air qual11y
Reduced soil erosion and runoff
Neighbortiood beaotificaijon
fhe street tree species l,st includes !>pfK.1e!> tha1 are drought tolemnl and speoes tnat cff-er habt!a1 and
om1ronmeintal value
As part of Uw updated plan, lhe crfy has lie1 a goal of plant1rrg two trues for every t«w that ne8<t$ to ba
removed, The updated plan also 1neludes a goal of adding an average of 500 uoos pet' year to city owt100 0t
controlled properties mrougti 2025.
Tho ortgOOl plan was adoptoo by the c.ty fn 2003 Since llwn. the standards n1 tree care have evo!Vffli nno
ros-oarch has highlighted the roi-,. trees play in the ruwironrnont
The city cuaently mamtaina abOut 2B,000 fnventoried trees on Cll)l owned or controlled pt0pet1iea, ll'ldudt09
parks. street parkways, str-Oet mediamt and around crty buridings. lndu<le<l m the city"s. trM UW8fltoly are trees
With natable histone interest or of an un,.iooal speoes or saa. considered lo be heritaoe spec1ment1 The plan
oolllnM special cart!' 10 be given to !tw::w,e-IT(rns
A final p,ece or the plan ,s encouraQmg residents aoa businesses efl Gattsbad I» Pf~e trees on ttiOO'
properi1as and to plt1nt rmw ones Tho uty hosts an an11uat Ari;lOI' Day lrll6-pl;mt1rnJ eveirn to tailStt ;rw-areness
of !he lmponant role troos p~y 1rt Ca11sti.rct
Next Stepa
Staff will tak.o sli&ps 10 implomont tht1 updated plan, wh1ch 1ncl\tde the re,cr,.i1lf001'11 of two part time stat! ana
raqt.msung proPosa!s for contractod ~-0rv1,;;im lo add ano mainta,f' add,1ron,11 tretir.
Moro Information
Sept. 24 :uaJl.ai:QQ:G
Kyle Lancasl-,:r, parks & rutfflollon drroctor. J\>16 lfflrMltlt@cartstu,riq1 ga:i-: or 760,434·294 1
4
Gang Engineering,
760 613 9152
1563 Calle Ryan, Encinitas, CA 92024
eng 1neering24 x7@gmail.com
3.) City of LA, "Protected Tree Code"
What is a Protected Tree?
As c-urrently defined 1n the Los Angeles Mun«;ipal CodP. (LAMCJ. a Protected Tree
is any of the following Southern CaUfomia nalive tree species that measures four
inches or more in cumulatrve diameter. four and one-half feet above the ground
level at the base of the tree.
• Oak, ll'idudlng Valley Oak and Cahfornia Uve 0.Jk. ot any other tree of the
oak genus tridigenous to Cahlornia but eicfuding the Scrub Oak
• Southern Californ.a Black Walnut
• Western Sycamore
• Cahrorma Buy
These trees are SUbJeCl to the provistOM of the LAMC that regulate relocaLon.
removal, and replacement for Protected Treas
The Cily first adopted regulations to prote<;t oatrve trees in 1980. The 0091na1
ordinance only pr0litded protecl.ions for Oak trees (as d&fmed abOve). lfl 2006. m
orde, to slow lhe decline of additional natwe trees. lhe proviSt(;{')$ were updated to
revise the regul..itions and lo expand the deflmlioo of Protected Tree to include the
Southern California Black Walnut Wesl@rn Sycamore, and Cahfomia Bay trees
What would tho proposed Protected Tree Code Amendment do?
Tho Protected Ttoo Code amendment proposes to expand the definition of
Protected Tree lo include the Mexican Elderberry (Sambucus ~) and
Tayan (Heteromeles arbutifotia) shrubs The nllmber of protected native trees
would increase from four to six
The proposed Code amendment would broaden lhe range or trees subject to the
Protected Tree regulations. but would 001 modrfy any of tho regulaltons
lhemsetves.
Please see the attactH.><l drafl ord1na1"t00 to review th~ language of the proposed
Code amendment
Why expand the number of Protoeled Trees?
Thero are cu«enli11 only four trees classlfred as Protected Trees When a protected
tree tS removed, it must 00 repla(;od with a tree from lhe lrSt of protoc.ted trMs,
unless lhe Bureau of Public W()(ks grants permmsoo fot an alternate troo 10 bti
planle<.I, In recent years. mo<e and more of the protecied trees, especially oai«.
and Western S)'!Camores, have boeri infested wtth di~s that sicken the trees
5
Gang Engineering.
7606139152
1563 Calle Ryan, Encinitas, CA 92024
eng1neering24x7@gmail.com
and lead to devastauon, especialty when there is a mooocutture (large n!Jfflbe1's of
the same tree located in close proximity to each other)-
Spectes diversity is key to preventing monOC1.1!tures and to protectirlQ the health of
trees. An expanded protected tree list 1s needed to 'hiden the palate fOt
replacement trees and to help promote tree health and resiliency. The expanded
llSt will also allow for fewer deviations from the list and potentially lessen revtew by
the Bureau of Putriic Works for the plarmng of alternate trees.
Why are the Mexican Elderberry and Toyon proposed to become Prote<;ted Trees?
The "-"'exican Eklertierry and Toyon have been proposed to be dassif1ed as
Protected Trees because they are nattve species, they promote native wildlife and
habitats, they can grow to a variety of sizes, and they are species that are important
to the history and identity of Los Angeles.
The Mexican Elderberry and T oyon are native 10 California and require very little
water. Both species produce berries, attract butterflies. birds, and other wildlife.
and are important to maintaining nah.lral habitats. When one of these trees i's
removed, the impacls go far beyond aestheties and effect entire ecosystems.
Additionally, the Toyon tree is said to have inspired the name for HoliywOOd and i's
the official City Native Plant.
How would this Code amendment effect my property or my project?
The Code amendmeot would expand lhe defirnt10n of Protected Tree to include the
Mexican Elderberry and Toyon, and lhe trees -would lhoo be subJeci to lhe
Protected Tree provisions of the Cooe. Mexjcan Elderberry or Toyon trees
proposed for relocation or removal after the effective dale of tho Code amendment
would be subject lo the Protected T rea prov1S1ons of the Code
What are the nut steps? How can I get moN information or share my Input?
The Planning Oepartrnenl will give a presentation, answer quesbons. and conduct
a public heanng on the proposed Code amendment at 10 a.m. on January 20.
2017 at C\ly Hali in Room 1050 (200 N. Spting Street, Los Angeles, CA 90012}.
The public heanng w,11 be held lo obtain testimony from affected and/Qr 1nle<eslod
persons regarding this project The hearing wd1 be conducted by a Hearing Officer
wtlo will consider oral testimony and arry written communication received regarding
this proposed Code aroendrnent. as well as the merits ol the draft ordinance as 11
relates toexistn1g land use regulations. After 1ne hearing. a recommendation report
will be prepared for consideration by 1he City P1anmng Comrrnssmn
The City Planmng Commission will consider the Code amendment at a pub!,c
meeting tentatively scheduled for March 9, 2017. and will make a recommendation
CAA I Pmtectee Tree Code A111t11'\drrnw1
6
Garig Erigineeririg,
760 613 9152
1563 Calle Ryan, Encinitas, CA 92024
engineenrig24x7@gmail.com
Gang Engineering,
760 613 9152
to lhe City Council. The Code amendment will then b4il considered by the City
Council's Planning and Land Use Mariagement (PLUM) Committee, folloWed by
the full City Counol.
Please submit comments or questions to: Shannon Ryan at
Shannon.Ryan@lac1ty.org, {213) 978-3304. In order lo be considered m !he report
to the City Planning Commission, written comments shOold be received by January
31, 2017. Comments recewed after January 31. 2017 should be addressed to the
City Planning Commission at CPC@facity org for its consideratron.
7
1563 Calle Ryan, Encinitas, CA 92024
engi11eering24x7@gmail.com
i
I
:i
-
-
-
-
f
-• 3
, ' !
•
0
;
i
0
2
•
I I
8
"
~
{cityof
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 interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1.
2.
P-1(A)
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 CJ\.t'?C¢s qg113 G<i,~rart GA,J~ '1W6tN~/~
Title E~ Title c,w,,/9 LtfN~II/EER..
Addres;,gd,3ji,UJE i,# iludres~7'. :½:!rl.C •
t:},JC,IN(~,..C,4'-
OWNER (Nol the owner's agent)
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 J<>'1'(.e .JJ>.Me:5 Corp/Part, _________ _
Title t> \/J t-J El"'--Title, ___________ _
Address :3q 3 \ Ga,'tl ~ \d :::sf. Address, _________ _
&r-1266d , CA uooB
Page 1 of 2 Revised 07110
' 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 ~No If yes, please indicate person(s).: ____________ _
NOTE: Attach additional sheets if necessary.
r type Mme'ot owner
e of owner/applica nt if applicable/date
Print or type name of owner/app ant's agent
Page 2 of 2 Revised 07/10
{city of
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov P-1 (C)
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, l have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
it3-The dev0Jopment 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 are contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name Cho.v::"16, Gico'\.~
Address I l;i'~3 C 4e\ lz Bv 4v\
..-:''-/ ="Ci f\ iLCW:: • (Jlc--7
Phone Number: 1~0 · t,,( '3 -.91:52....
PROPERTY OWNER
Name joy C: e, ,Jq_ m,e S
Address 3 'i 3 I Q~ ~"41 e.Jd Si ,
Lay-lsbaJ cA 92006
Phone Number 7t V 7,2 '1 -(9 0-0 t I '
Address of Site 313 I G:a cfie.lJ S-+,J ea v:!5 ~a.d./CA 'fZ.OC>~
Local Agency (City and County): Ca r [ .g l::ia cl ) Sa Vl Dr e6'°
Assessor's book, page, and parcel number: ;l ~ b -0 / / --) 2 -C> 0
Specify list(s).:~ ____________________________ _
Regulatory Identification Number: ______________________ _
Date of List: ____________________________ _
ure/Date
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location 6f hazardous materials release sites.
P-1(C) Page 1 of2 Revised 02113
National Title Company
, Wilh>1on frnaoctal (lrnup comp•n;·
PRELIMINARY REPORT
WFG National Title Company of California
9665 Granite Ridge Drive Suite 430
San Diego, CA 92123
Tltle Contact Information:
WFG National Title Company of California
9665 Granite Ridge Drive Suite 430
San Diego, CA 92123
Phone: (858) 805--0990
E-mail: SOTitleTeam@wfgtltleco.com
Title Officer: Marie Castillo I LeeAnn Hoyle
Order No.: 20-110980
Property Address:
3931 Garfield Street
Carlsbad, CA 92008-4036
APN: 206--011-12--00
In response to the above referenced application for a policy of title insurance, WFG National Title Insurance 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 of
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 below or not excluded from coverage
pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or polIcIes are set
forth In Exhibit One attached. 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 Exhibit One. Copies of the policy forms should be read. They are available from the
office which issued this report
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth ln Exhibit 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. This report (and any supplements or amendments hereto) Is
issued solely for the purpose of fac1l1tating the issuance of a policy of lltle insurance and no l1ab1l1ty 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 form of policy or policies of title insurance contemplated by th,s report is/are
AL TA® HomeOwner's Policy (12-02-13)
AL TA® Ext Loan Polley (06-17-06)
Issued by WFG National Title Insurance Company
Dated as of: January 22, 2020 at 7:30 am
The estate or interest In the land hereinafter described or referred lo covered by this Report is
A Fee
Title to said estate or interest at the date hereof is vested in
Joyce Ann James, as Trustee of that certain trust dated November 3, 1987 a Living Trust and to the successor
trustees thereof
view image
The land referred tom this report is situated in the State of California, County of San Diego, and is described as follows:
SEE ATTACHED EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
WFG Fann No. 3151600 CL TA Preliminary Report Form (06-05-14)
Page 1 of 12
Order No. 20-110980
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
LOT 12 IN BLOCK "H" OF PALISADES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1747, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, FEBRUARY 5, 1923.
APN: 206-011-12-00
WFG Form No 3151600 CL TA Preliminary Report Fonn (06-05-14)
Page 2 of 12
Order No. 20-110980
At the date hereof exception to coverage In addition to the printed Exceptions and Exclusions In said policy form
would be as follows:
1 a. General and special taxes and assessments for the fiscal year 2020 -2021, a lien not yet due or
payable.
1 b. General and County taxes, including any personal property taxes and any assessments collected with
taxes, for the fiscal year 2019 -2020:
1st Installment:
2nd Installment:
Penalty:
APN No.:
Code Area:
$909.75 Paid
$909.75 Open
$100.97, due after April 1 0, 2020
206-011-12-00 View Taxes_
09000
The above includes a homeowner's exemption.
1 c. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of
the California Revenue and Taxation Code.
1d. Assessments, for community facility districts, if any, affecting said land which may exist by virtue of
assessment maps or notices filed by said districts.
2. Water rights, claims or title to water, whether or not shown by the public records.
3. An easement for public utilities and rights incidental thereto, as set forth in a document recorded on July
10, 1923, in (book) 961 (page) 3, of Deeds.
Reference is hereby made to said document for full particulars.
4. An easement for public utilities and rights incidental thereto, as set forth in a document recorded on
December 15, 1938, in (book) 858 (page) 65, of Official Records.
The location of the easement cannot be determined from record information.
5. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured
thereby:
Amount:
Dated:
Trustor:
Trustee:
Beneficiary:
Lender:
Recorded:
Jnstrument No.:
$670,000.00
December 17, 2014
Joyce Ann James, as Trustee of that Certain trust dated November
3, 1987 a living trust, and to the successor trustees thereof
T.D. Service Company, a California Corporation
Mortgage Electronic Registration Systems, Inc., as nominee for
Mission Federal Credit Union, a Federally Charted Credit Union.
December 24, 2014
2014-0568627 of Official Records
6 A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured
thereby:
Amount:
Dated:
Trustor:
Trustee:
Beneficiary:
Recorded:
Instrument No.:
WFG Form No. 3151600
$300,000.00
November 15, 2017
Joyce Ann James, as Trustee of that Certain trust dated November
3, 1987 a living trust, and to the successor trustees thereof
First American Title Insurance Company
Mission Federal Credit Union, a Federal Credit Union,
November 20, 2017
2017-0541500 of Official Records
CL TA Preliminary Report Fonn (06-05-14)
Page 3 of 12
)
Order No. 20-110980
The above deed of trust is reflected as an equity line loan or a revolving line of credit. Prior to
final payoff we will require a written statement from the beneficiary that the account has been frozen.
Note: Said account must be closed at time of payoff.
END OF EXCEPTIONS
WFG Form No 3151600 Cl TA Preliminary Report Form (06-05-14)
Page4of12
Req. No. 1.
Req. No. 2.
Req. No. 3.
REQUIREMENTS
Statements of information from all parties to the transaction
With respect to the following entity:
Order No 20-110980
Joyce Ann James, as Trustee of that Certain trust dated November 3, 1987 a living trust, and to
the successor trustees thereof
lf the title is to be insured in the trustee(s) of a trust or their act is to be insured, we will require
the following:
1. A certification pursuant to Section 18100.5 of the California Probate Code in a form
satisfactory to the Company.
2. Copies of those excerpts from the original trust documents and amendments thereto which
designate the trustee and confer upon the trustee the power to act in the pending transaction.
3. Other requirements which the Company may impose following its review of the material
required herein and other information which the Company may require.
Determination of whether reporting is required under any applicable U.S. Department of
Treasury FINCEN Geographic Targeting Order (GTO) and, if reporting under the GTO is
required, providing to the Company the information and identity documents required to comply
with the GTO and complete the report.
WFG Form No. 3151600 CL TA Preliminary Report Form (06-05--14)
Page5of12
\,.
NOTES
' ' ,
Order No 20-110980
This report does not reflect requests for notice of default, requests for notice of delinquency, subsequent
transfers of easements, and similar matters not germane to the issuance of the policy of title insurance
anticipated hereunder.
Note 1: If this company is requested to disburse funds in connection with this transaction, Chapter 598 of
1989 Mandates of the California Insurance Code requires hold periods for checks deposited to
escrow or sub-escrow accounts. Such periods vary depending upon the type of check and anticipated
methods of deposit should be discussed with the escrow officer.
Note 2 No endorsement issued in connection with the policy and relating to covenants, conditions or
restrictions provides coverage for environmental protection.
Note 3: Special recordings: Due to a severe budget shortfall, many county recorders have announced that
severe limitations will be placed on the acceptance of "special recordings."
Note 4: Homeowners association: if the property herein described is subject to membership in a homeowners
association, it will become necessary that we be furnished a written statement from the said
homeowners association of which said property is a member, which provides that all liens, charges
and/or assessments levied on said land have been paid. Said statement should provide clearance up
to and including the time of closing. In order to avoid unnecessary delays at the time of closing, we
ask that you obtain and forward said statement at your earliest convenience.
Note 5: Demands: This Company requires that all beneficiary demands be current at the time of closing. If the
demand has expired and a current demand cannot be obtained it may be necessary to hold money
whether payoff is made based on verbal figures or an expired demand.
Note 6: Line of credit payoffs: If any deed of trust herein secures a line of credit, we will require that the
account be frozen and closed and no additional advances be made to the borrower. If the beneficiary
is unwilling to freeze the account, we will require you submit to us all unused checks, debit vouchers,
and/or credit cards associated with the loan along with a letter {affidavit) signed by the trustor stating
that no additional advances will be made under the credit line. If neither of the above is possible, it will
be necessary to hold any difference between the demand balance and the maximum available credit
Note 7: Maps: The map attached hereto may or may not be a survey of the land depicted thereon. You should
not rely upon it for any purpose other than orientation to the general location of the parcel or parcels
depicted. WFG National Title Company of California expressly disclaims any liability for alleged loss
or damages which may result from reliance upon this map.
Note 8: In the event of cancellation or if the transaction has not closed within 90 days from the date hereof,
the rate imposed and collectable shall be a minimum of $360.00, pursuant to Section 12404 of tile
Insurance code, unless other provisions are made.
Note 9 A Preliminary Change of Ownership Report {PCOR) must be filed with each conveyance in the
County Recorder's office for the county where the property is located. If a document evidencing a
change in ownership is presented to the Recorder for recordation without the concurrent filing of a
PCOR, the Recorder may charge an additional recording fee of twenty dollars {$20). State law also
provides for a penalty of be levied if the Change of Ownership Report is not returned to the Assessor
within a timely filing period. The penalty for failure to file a Change in Ownership Statement is $100 or
10% of the new tax bill, whichever is greater, but not to exceed $2,500.
Note 10: As to any and all covenants and restrictions set forth herein, the following is added: ubut omitting any
covenant, condition or restriction indicating a preference, limitation or discrimination based on race,
color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic
information, gender, gender identity, gender expression, marital status, source of income {as defined
in subdivision {p) of Section 12955), or ancestry, that restriction violates state and federal fair housing
laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code, to the
extent such covenants, conditions or restrictions violate Title 42, Section 3604{c), of the United States
Codes or Section 12955 of the California Government Code. Lawful restrictions under state and
federal law on the age of occupants in senior housing or housing for older persons shall not be
construed as restrictions based on familial status."
WFG Form No. 3151600 CLTA Preliminary Report Fom1 (06-05-14)
Page6of12
Order No .. 20-110980
Note 11: Due to current conflicts or potential conflicts between state and federal law, which conflicts may
extend to local law, regarding marijuana, if the transaction to be insured involves property which is
currently used or is to be used in connection with a marijuana enterprise, including but not limited to
the cultivation, storage, distribution, transport, manufacture, or sale of marijuana and/or products
containing marijuana, the Company declines to close or insure the transaction, and this Preliminary
Title Report shall automatically be considered null and void and of no force and effect.
Note 12: This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact
which would preclude the issuance of the policy with Cl TA Endorsement forms 1 00, 116 or 116.01
and if applicable, 115 and 116.02 attached.
When issued, the CLTA endorsement form 116, 116.01 or 116.02, if applicable will reference
Single Family Residence
known as
3931 Garfield Street, City of Carlsbad, County of San Diego, California
Note 13: The only conveyances affecting said land which recorded within twenty-four {24) months of the date
of this report are:
None of Record
WFG Fenn No. 3151600 CL TA Preliminary Report Form (06-05-14)
Page?o/12
Exhibit One (Rev. 06-15-14)
CLTA STANDARD COVERAGE POLICY-1990 (4-8-14)
EXCLUSIONS FROM COVERAGE
Order No. 20-110980
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 anse by reason of:
(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, (1i) 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)
envrronmental protection, or the effect of any v1olat1on of these laws, ordinances or governmental regulations, except to
the extent that a notice of the enrorcement 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 a! 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 v1olat1on or alleged v1olat1on 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 al 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 dale 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 whrch 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 Dale of Policy, or the InabI1ily
or failure of any subsequent owner of the indebtedness, to comply wrth the applicable doing business laws of the state in which the
land Is situated.
5 lnvahd1ty or unenforceab1l1ly 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 credrt 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'
nghts 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:
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
2. Any facts, rights, interests, or claims which are not shown by the publrc records but which could be ascertained by an inspection of
the land which may be asserted by persons in possession thereof.
3 Easements, liens or encumbrances, or claims thereof. which are not shown by the public records.
4. Discrepancies, conMicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions In patents or In Acts authorizing the issuance thereof; (c) water
rights. claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records
6. Any lien or right to a lien for setvices, labor or material not shown by the public records.
WFG Form No. 3151600 CLTA Preliminary Report Form (06-05-14)
Page8of12
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)
EXCLUSIONS
Order No 20-110980
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building,
(b) zoning; ,,, land use:
(d) improvements on the Land: ,,, land division: and
'" 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 ol 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 light 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 Dale -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 Tille.
6 Lack of a light: (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 limrt 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 la\/1/S.
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 follo\/1/S:
Covered Risk 16:
Covered Risk 18:
Covered Risk 19:
Covered Risk 21:
~
1% of Policy Amount Shown in Schedule A or $2,500
(whichever is less)
1 % of Policy Amount Shown in Schedule A or $5,000
(whichever Is less)
1 % of Policy Amount Shown in Schedule A or $5,000
(whichever is less)
1 % of Policy Amount Shown in Schedule A of $2,500
(whichever is less}
Our Maximum
Dollarlimit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
2006 AL TA LOAN 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 which arise by reason of·
(a) Any law, ordinance or governmental regulation {inclJding those relating to building and zoning) restncting, regulating,
prohibiting or relating lo
{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
{1v) environmental protection,
or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1 (a) does not modify
or limit the coverage provided under Covered Risk 5
WFG Form No 3151600 CLTA Preliminary Report Fann (06-05-14)
Page9of12
)
Order No.-20-110980
(b) Any governmental police power This Exclusion 1 (b) does not modify or l1rn1t 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 lo the date the Insured Claimant became an
insured under this policy;
(cl 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 the Insured to comply with applicable
doing-business laws of the state in which 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 m 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 tor 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 hm~ the
coverage provided under covered Risk 11(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, this policy does not insure against loss or damage (and the Company
will not pay costs, attorneys' fees or expenses) which arise by reason of:
PART 1
(a) Taxes or assessments that are not i,hown 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 rei,ult in taxes or assei,sments, 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 ofthe Land.
3. Easements, liens or encumbrances. or claims thereof, not shown by the Public Recordi,
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 mming 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 matter.:i 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 hen 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 which arise by reason of·
(a) Any law, ordinance or governmental regulation (including those relating to building and zoning) restricting_ regulating,
prohibrting or relating to
(i) the occupancy, use, or enjoyment of the land;
{ii) the character, dimensions or location of any improvement erected on the land;
(iii) the subdivision of land; or
{iv) environmental protection;
or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1 (a) does not modify
or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk
6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created. suffered, assumed or agreed to by the Insured Claimant;
WFG Fenn No. 3151600 CL TA Preliminary Report Fonn (06-05-14)
Page 10of12
Order No. 20-110980
b) not Known to the Company, not recorded in the public records at Date or Policy, but Known to the Insured Claimant and
not disclosed In writing to the Company by the Insured Claimant pnor 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 1 O): or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Tille.
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 WIii not pay costs, attorneys' fees or expenses which arise by reason of-
(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 ihe 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 Tille 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: (bl 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.
WFG Form No 3151600 CL TA Preliminary Report Form (06-05-14)
Page11of12
,
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13)
EXCLUSIONS FROM COVERAGE
OrderNo. 20-110980
The followir)Q 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:
(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
{i) the occupancy, use, or enjoyment of the Land,
(ii) the character, dimensions, or location of any improvement erected on the Land,
(Iii) the subdivision of land; or
(iv) environmental protection,
or the effect of any violation of these laws, ordinances, or governmental regulations This Exclusion 1 (a) does not modify or limit
the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(bl Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk
5, 6, 13(c), 13{d), 14or 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 clamis, 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 dale 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 or28); or
(e) resulting ,n loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured
Mortgage.
4. Unenforceab1lily of the hen 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 unenforceab1l1ty ,n whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and Is based upon usury, or any consumer credit protection or truth-in-lending law This Exclusion does not
modify or limit the coverage provided in Covered Risk 26.
6 Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made
after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by
this policy. This Exclusion does not modify or limit the coverage provided In Covered Risk 11
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent
to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11 (b) or 25.
8. The failure of the residential structure, or any portion or~. lo 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 m 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 ofthe Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(bl a preferential transfer for any reason not staled in Covered Risk 27(b) of this policy.
10. Contamination, e~plosion, fire, fiooding, 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
WFG Form No. 3151600 CL TA Preliminary Report Form (06-05-14)
Page 12of12
STATEMENT OF INFORMATION
CONFIDENTIAL -TO BE USED ONLY IN CONNECTION WITH ORDER NO: 20-110980, ESCROW NO.: 20-110980ANO
PROPERTY ADDRESS: 3931 GARFIELD STREET, CARLSBAD, CA 92008-4036
1. IMPROVEMENTS: 0 NONENACANT LAND 0 SINGLE RESIDENCE 0 MULTIPLE RESIDENCE □ COMMERICAL
2. OCCUPIED BY: □OWNER 0 TENANTS
3. CONSTRUCTION WITHIN LAST 6 MONTHS? □YES □NO
IF YES, INDICATE WORK DONE:
PARTY 1 PARTY 2
FIRST MIDDLE 0 NONE LAST FIRST MIDDLE 0 NONE LAST
FORMER LAST NAME(S). IF ANY FORMER LAST NAME($), IF ANY
BIRTHPLACE BIRTH DATE BIRTHPLACE BIRTH DATE
SOCIAL SECURITY NUMBER DRIVER'S LICENSE SOCIAL SECURITY NUMBER DRIVER'S LICENSE
NAME OF FORMER SPOUSE/REGISTERED DOMESTIC PARTNER NAME OF FORMER SPOUSE/REGISTERED DOMESTIC PARTNER
MARRIAGE
0 SINGLE 0 MARRIED 0 UNMARRIED DATE OF MARRIAGE/DIVORCE
PARTY 1
RESIDENCES FOR LAST 10 YEARS
ADDRESS c,,y STATE FROM (DATE) TO (DATE)
ADDRESS CITY STATE FROM (DATE) TO (DATE)
ADDRESS CITY STATE FROM (DATE) TO (DATE)
OCCUPATIONS FOR LAST 10 YEARS
OCCUPATION FIRM NAME ADDRESS NUMBER OF YEARS
OCCUPATION FIRM NAME ADDRESS NUMBER OF YEARS
PARTY 2
RESIDENCES FOR LAST 10 YEARS
ADDRESS CITY STATE FROM (DA TE) TO (DA TE)
ADDRESS CITY STATE FROM (DA TE) TO (DA TE)
... ADDRESS CITY
-.--.---.-STATE FROM (DA TE) TO (DA TE)
OCCUPATIONS FOR LAST 10 YEARS
OCCUPATION FIRM NAME ADDRESS NUMBER OF YEARS
OCCUPATION FIRM NAME ADDRESS NUMBER OF YEARS
THE UNDERSIGNED DECLARE, UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT.
EXECUTED ON ___________ (DATE), AT __ .. __________________ (CITY).
BY _________________ _ BY __________________ _
HOME TELEPHONE: ______________ _ HOME TELEPHONE ______________ _
BUSINESS TELEPHONE _______________ _ BUSINESS TELEPHONE ______________ _
EMAIL ____________________ _ EMAIL __________________ _
Disclosure to Consumer of Available Discounts
Pursuant to California Code of Regulations Section 2355.3
In compliance with Section 2355.3 of the California Code of Regulations, if the current transaction involves an
improved, one~to-four family, residential dwelling, the proposed insured may be entitled to certain cost
reductions and/or discounts in their tltle insurance premiums and/or settlement service charges, pursuant to the
programs listed below, and as further described in the Company's current Schedule of Rates and Rules for the
State of California, currently on file with the California Deparbnent of Insurance. The reductions and/or discounts
available are:
Electronic Commerce
Group Title Discount Program
First Time Buyer(s)
Senior Citizen Rate
U.S. Military Rate
Consumer Direct Rates
Disaster Loans
Expedited/Electronic Refinance Rates
Lender Special Rates 1, 2, 3
Limited Escrow Rates
Home Equity Escrow Rate
RED Escrow Rate
Group Rate Escrow Discount
Application of the Reductions and/or Discounts listed above shall be governed by the rules and requirements set
forth in the Schedule of Rates and Rules on file in the office of the California Insurance Commissioner. Multiple
programs may or may not be applied. Pursuant to the above referenced California Code of Regulations Section,
neither provision nor acceptance of this form shall constitute a waiver of the consumer's right to be charged the
filed rate.
With the receipt of the Preliminary Report to which this Disclosure Fonn is attached, the proposed insured
acknowledges that they have been notified that they may be entitled to certain cost reductions and/or discounts,
as listed above and as more particularly described in the Company's Schedule of Rates and Rules, currently on
file in the office of the Insurance Commissioner of the State of California.
~ston Financial Group
Plain English Privacy Statement
for Appraisal, Title & Escrow Customers
WFG believes it is important to protect your privacy and confidences. We recognize and respect the privacy expectations
of our customers. We believe that making you aware of how we collect information about you, how we use that
information, and who we share that information will form the basis for a relationship of trust between us. This Privacy
Policy provides that explanation. We reserve the right to change this Privacy Policy from time to time.
Williston Financial Group, LLC, WFG National Title Insurance Co. and each of the affiliates listed below (collectively
"WFG" or the 'WFG Family") are obligated to comply with Federal and state privacy laws. VVhile there are some common
requirements to those laws, the definitions and duties differ significantly from law-to-law and state-to-state. A privacy
statement drafted to comply with all of the applicable privacy laws and their differing definitions would likely be confusing.
Therefore, in an attempt to better communicate our privacy policies, WFG designed this "Plain English" explanation,
followed by the Gramm-Leach-Bliley Act model form and State-Specific Privacy Notices in order to provide you with the
complete, legal privacy notices and disclosures required under Federal and applicable State Laws
WFG's primary business is providing appraisal, title insurance and, escrow services for the sale or refinance of real
property. This can be a complicated process, involving multiple parties, many of whom have been selected by our
customers, each filling a specialized role. In part, you have hired WFG to coordinate and smooth the passage of the
information necessary for an efficient settlement or closing.
In the course of this process, WFG collects a significant amount of personal and identifying information about the parties
to a transaction, including sensitive items that include but are not limited to: your contact information including email
addresses, Social Security numbers, driver's license and, other identification numbers and information; financial, bank
and insurance information; information about past and proposed mortgages and loans; about properties you currently or
previously owned; your mortgage application package; and the cookie, IP address, and other information captured
automatically by computer systems.
Much of this information is gathered from searches of public land records, tax, court and credit records to make certain
that any liens, challenges, or title defects are addressed properly. Some of the information that is collected is provided by
you, or the computer systems you use. We also may receive information from real estate brokers and agents, mortgage
brokers and, others working to facilitate your transaction. We also may receive information from public, private or
governmental databases including credit bureaus, 'no-fly' lists, and terrorist 'watch lists', as well as from your lenders and
credit bureaus.
What Information is Shared?
WFG DOES NOT SELL any of your information to non-affiliated companies for marketing or any other purpose.
However, some of the same information does get shared with persons inside and outside the WFG Family in order to
facilitate and complete your transaction.
For example:
• Information, draft documents, and closing costs will pass back and forth between WFG and your mortgage broker
and lender to facilitate your transaction.
• Information, including purchase agreements and amendments, will pass back and forth between WFG and the
real estate agents and brokers, the mortgage brokers and lenders, your lawyers and accountants, and others
involved in facilitating the transaction.
• WFG may order property searches and examinations from title searchers, abstractors and title plants.
• WFG may use third parties to obtain tax information, lien information, payoff information, condominium and,
homeowners' association information and payoff information.
• Third parties may be engaged to prepare documents in connection with your transaction.
• Surveys, appraisals and, inspections may be ordered.
• Within the WFG Family of companies, we may divide up the work to handle each closing in the most efficient and
compliant manner possible and to meet specific legal and licensing requirements. Certain parts of your closing
(for example a search or disbursement) may be handled by another division or company within the WFG family.
• When it is time for signatures, your complete closing package may be sent to a notary, remote online notary, or
notary service company who will arrange to meet with you to sign documents. The notary will, in turn, send
signed copies back to us along with copies of your driver's license or other identity documents usually by mail,
UPS, Federal Express or another courier service.
• Your deed, mortgage and other documents required to perfect title will be recorded with the local recorder of
deeds.
• In some cases, we use an outside service to coordinate the recording or electronic-recording of those
instruments, and they will receive copies of your deeds, mortgages and other recordable documents to process,
scan and send on to the recording office.
• Various government agencies get involved. The law requires us to provide certain information to the IRS, the US
Treasury, local and state tax authorities and other governmental agencies.
You have a choice in the selection of a mortgage broker, lender, real estate broker or agent and others that make up your
'transaction team.' Information flows to and from the members of the transaction team you have selected to facilitate an
efficient transaction for you.
When WFG selects and engages a third-party provider, we limit the scope of the information shared with that third party to
the information reasonably necessary for that service provider to provide the requested services. With most, we have
entered into express agreements in which they expressly commit to maintain a WFG customer's information in strict
confidence and use the information only for purposes of providing the requested services, clearing title, preventing fraud
and addressing claims under our title insurance policies.
How does WFG use your Information?
We may use your personal information in a variety of ways, including but not limited to:
• Provide the products, services and title insurance you have requested and to close and facilitate your transaction.
• Coordinate and manage the appraisal process.
• Handle a claim or provide other services relating to your title insurance policies.
• Create and manage your account.
• Operate and improve WFG's applications and websites, including WFG MyHome WFG's secure communication
and transaction portal. Your information is used for access management, payment processing, site
administration, internal operations, troubleshooting, data analysis, testing, research, and for statistical purposes.
• Respond to your requests, feedback, or inquiries.
• Comply with laws, regulations, and other legal requirements.
• Comply with relevant industry standards and our policies, including managing WFG's risk profile through
reinsurance.
• Protect and enforce your rights and the rights of other users against unlawful activity, including identity theft and
fraud.
• Protect and enforce our collective rights arising under any agreements entered into between WFG and you or any
other third party;
• Protect the integrity and maintain security of our applications, websites, and products;
• Operate, evaluate, and improve our business; and
• Provide you with information about products, services, and promotions, from WFG or third parties that may
interest you.
How Do We Store and Protect Your Personal Information?
Although no system can guarantee the complete security of your personal information, we will use our best efforts to
maintain commercially reasonable technical, organizational, and physical safeguards, consistent with applicable law, to
protect your personal information and our systems and sites from malicious intrusions or hacking.
How Long Do We Keep Your Personal Information?
We keep your personal information for as long as necessary to comply with the purpose for which it was collected, our
business needs, and our legal and regulatory obligations. We may store some personal information indefinitely. If we
dispose of your personal information, we will do so in a way that is secure and appropriate to the nature of the information
subject to disposal.
Computer Information
When you access a WFG website, or communicate with us by e-mail. we may automatically collect and store more
information than you are expressly providing when you fill out a sU1vey or send an email This may include:
• Your IP Address.
• Your email address, your alias and, social media handles.
• (Internet Protocol Address) and domain name.
• The type of browser and operating system you use.
• The time of your visit.
• The pages of our site you visit.
• Cookies.
ln order to provide you with customized service, we make use of Web browser cookies. Cookies are files that help us
identify your computer and personalize your online experience. You may disable cookies on your computer. but you may
not be able to download online documents or access certain sites unless cookies are enabled.
The technical information we collect is used for administrative and technical purposes and to prevent fraud and provide
identity verification. For instance, we may use it to count the number of visitors to our site and determine the most popular
pages. We may a/so use it to review types of technology you are using, determine which link brought you to our Web site,
assess how our advertisements on other sites are working, help with maintenance, and improve our customers'
experience.
We may compare information gathered on previous visits to verify that we are interacting with the same parties and not a
potential imposter.
If we ask you to fill out any forms or surveys, we will use the information we receive only for the specific purposes
indicated in those forms or surveys.
The information you and your transaction team send us in emails or attached to an email, or provide through any of our
online tools, is used for purposes of providing title, escrow and appraisal management services and used for the purposes
described above.
Links to Third Party Sites
Our Applications and Websites may contain links to third-party websites and services. Please note that these links are
provided for your convenience and information, and the websites and services may operate independently from us and
have their own privacy policies or notices, which we strongly suggest you review. This Privacy Notice applies to WFG's
applications and websites only.
Do Not Track
Because there is not an industry-standard process or defined criteria to permit a user to opt-out of tracking their online
activities (Do Not Track or ONT), our websites do not currently change the way they operate based upon detection of a
"Do Not Track" or similar signal. Likewise, we cannot assure that third parties are not able to collect information about
your on1ine activities on WFG websites or applications.
Social Media Integration
Our applications, websites, and products contain links to and from social media platforms. You may choose to connect to
us through a social media platform, such as Facebook, Twitter, Google, etc. When you do, we may collect additional
information from or about you, such as your screen names, profile picture, contact information, contact list, and the profile
pictures of your contacts, through the social media platform. The social media platforms may also collect information from
you.
When you click on a social plug-in, such as Facebook's "Like" button, Twitter's ''tweet" button or the Google+, that
particular social network's plugin will be activated and your browser will directly connect to that provider's servers. Your
action in clicking on the social plug-in causes information to be passed to the social media platform.
We do not have control over the collection, use and sharing practices of social media platforms. We, therefore, encourage
you to review their usage and disclosure policies and practices. including their data security practices, before using social
media platforms.
-
How Can You "Opt-Out?"
We do not sell your information; therefore there is no need to opt-out of such reselling. Under various laws, you can opt-
out of the sharing of your information for more narrow purposes. For additional detail, consult the Links under the "Legal"
Notices attached below.
The "Legal" Notices
To comply with various federal and state laws, we are required to provide more complete legal notices and disclosures. In
reviewing these, you will find that these notices incorporate the definitions and terminology used in the respective privacy
laws which can often be somewhat convoluted and may even seem inconsistent with the descriptions above. The state-
specific statutes may also give residents of those states additional rights and remedies.
How to Contact Us
If you have any questions about WFG's privacy policy or how we protect your information, please contact WFG:
By email: Consumerprivacy@willistonfinancial.com
By telephone: 833-451-5718
By fax: 503-974-9596
By mait: 12909 SW 68th Pkwy, Suite 350, Portland, OR 97223
In-person: 12909 SW 68th Pkwy, Suite 350, Portland, OR 97223
WFG FAMILY
WILLISTON FINANCIAL GROUP LLC
WFG NATIONAL TITLE INSURANCE COMPANY
WFG LENDER SERVICES, LLC
WFGLS TITLE AGENCY OF UTAH, LLC
WFG NATIONAL TITLE COMPANY OF WASHINGTON, LLC
WFG NATIONAL TITLE COMPANY OF CALIFORNIA
WFG NATIONAL TITLE COMPANY OF TEXAS, LLC 0/8/A WFG NATIONAL TITLE COMPANY
UNIVERSAL TITLE PARTNERS, LLC
VALUTRUST SOLUTIONS, LLC
WILLISTON ENTERPRISE SOLUTIONS & TECHNOLOGY, LLC
WFG NATIONAL TITLE COMPANY OF CLARK COUNTY, WA, LLC D/8/A WFG NATIONAL TITLE
FACTS
Why?
What?
How?
~~~===~===~~=~==~====~--------------"''''"-' 12/2019 WHAT DOES WILLISTON FINANCIAL GROUP DO
WITH YOUR PERSONAL INFORMATION?
Financial companies choose how they share your personal information Federal law gives consumers
the right to l1m1t some but not all sharing Federal law also requires us to tell you how we collect,
share, and protect your personal information. Please read this notice carefully to understand what we
do.
The types of personal information we collect and share depend on the product or service you have
with us. This information can include:
• Social Security number and other government 1dentiftcat1on information
• Your name, address, phone, and email
• Information about the property, any liens and restrictions
• Financial Information including credit history and other debt
• Financial account information includin wire transfer instructions.
All financial companies need to share customers' personal information to run their everyday business.
In the section below, we list the reasons financial companies can share their customers' personal
informal1on; the reasons Williston Financial Group chooses to share, and whether you can limit this
sharm
Reasons we can share your personal information Does Williston Financial Group
share?
Can you limit this
sharing?
For our everyday business purposes-
such as to process your transactions, maintain your
account(s), respond to court orders and legal
invesli ations or re ort to credit bureaus
For our marketing purposes-
to offer our roducts and services to ou
For omt marketm wrth other financial com anies
For our affiliates' everyday business purposes-
information about our transactions and ex eriences
For our affiliates' everyday business purposes-
Informabon about our creditworthiness
For our affiliates to market to ou
Yes
No
Yes
No
No
For nonaffiliates to market to ou No
No
No
We don't share
No
We don't share
We don't share
We don't share
To limit • Call 833-451-5718----our menu will prompt you through your choice(s)
our sharing
Questions?
Mail-In Form
If you have a joint
policy, your choices
will apply to
everyone on your
account.
• Visit us online: http //bit ly/\lVF:GsConsumerPrivacytnformationReguestPage or e-mailing us at
consumerprivacy@w1ll1stonfinanc1al com
Mail the form below
Please note:
If you are a new customer, we can begin sharing your information [30] days from the date we sent this i notice. When you are no longer our customer, we continue to share your information as described in
' this notice.
: However ou can contact us at an time to limit our sharin
1 Call 833-451-5718 or Email consumer riv c ·1 1 nancial com
Mark any/all you want t o limit
[ ] Do not share inform
business purposes
alien about my creditworthiness with your affiliates for their everyday
ffilIates to use my personal information to market to me. [ ] Do not allow your a
[] Do not share my p
me.
ersonal information with nonaffiliates to market their products and services to
Name
Address
City, State, Zip
File Number
Mail to:
Williston Financial Group
PRIVACY DEPT
12909 SW 68th Pkwy, #350
Portland, OR 97223
How does Williston Financial Group protect my
personal mformat1on?
How does Williston Financial Group collect my
personal information?
Williston Financial Group, LLC and its affiliates and subsidiaries as listed
below
To protect your personal information from unauthorized access and use,
we use security measures that comply with federal law. These measures
include computer safeguards and secured files and buildings We limit
access to your information to employees that need to use the information
to process or protect transaction We take industry standard (IPSEC)
measures to protect against malicious intrusions or hacking
We collect your personal information, for example, when you
• Apply for insurance
• Engage us to provide appraisal, title and escrow services
• Give us your contact information
• Provide your mortgage information
• Show your driver's license
We also collect your personal information from others, such as real
estate agents and brokers, mortgage brokers, lenders, credit bureaus,
affiliates, and others
Why can't I limit all sharing? Federal law gives you the right to limit only
• sharing for affiliates' everyday business purposes-information
about your creditworthiness
• affiliates from using your information to market to you
• sharing for nonaffiliates to market to you
State laws and 1nd1v1dual companies may give you additional rights to
limit sharin See below for more on our n hts under state law.
What happens when I limit sharing for an account Your choices will apply to everyone on your policy.
I hold ·ointl with someone else?
Nonaffiliates
Joint marketing
•
Companies related by common ownership or control. They can be
financial and nonfinanc1al companies.
Our affiliates include companies with a common corporate identity,
includin those listed below.
Companies not related by common ownership or control. They can be
financial and nonfinancial companies
Nonaffill1ates we share with can include real estate agents and brokers,
mortgage brokers, lenders, appraisers, abstractors and title searchers
and others as appropriate to facilitate your transaction.
A formal agreement between nonaffiliated financial companies that
together market financial products or services to you .
As a resident or citizen of certain states, we may have to provide additional state-specific privacy notices and you may have
rights other than as set forth above. The privacy notices below will provide state-specific information:
PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Statement
of WFG NATIONAL TITLE INSURANCE COMPANY and its parent, subsidiaries and affiliates {collectively, "WFG" ''we,"
"us," or "our") and applies solely to customers, parties to real estate transactions, visitors, users, and others who reside in
the State of California ("consumer" or "you"). We have adopted this notice to comply with the California Consumer Privacy
Act of 2018 {"CCPA") and other California privacy laws. Any terms defined in the CCPA have the same meaning when
used In this notice.
Your Rights as a California Consumer
Under California Law, you have the right to request that WFG disclose what personal information we collect, use,
disclose, and sell. You have the right to opt-out of a sale of your personal information, and you may request the deletion of
your personal information. You will not receive discriminatory treatment by WFG if you exercise any of your privacy rights
under CCPA.
You may also designate an authorized agent to make a request under the CCPA on your behalf.
These are not absolute rights, they are subject to exceptions and limitations which we are happy to discuss as they may
apply to your particular circumstances and the services you have engaged WFG to supply.
If you would like to exercise any of these rights or to designate an authorized agent, you may start the process by:
• Emailing us at consumerprivacy@willistonfinancial.com
• Going to http://bit.ly/WFGsConsumerPrivacylnformationRequestPage
• Calling us at: 833-451-5718; or
• Going into any WFG office and making the request in person.
!n exercising any of these rights, we must make absolutely certain we are dealing with you or your authorized agent. So
depending on how you submit your request, we will be asking you to confirm your identity, which may include providing
additional documentation or information to verify it is really you, and we may send a notary or other person to meet with
you in person or require you to come into a WFG office to verify your identity. Some of the identification process may be
handled through an online portal and may include knowledge-based identification questions.
Information We Collect
WFG's primary business is providing appraisal, title and escrow services for the sale or refinance of real estate. This can
be a complicated and legalistic process. In part, you have hired WFG to centralize and smooth the passage of all the
information necessary for your real estate transaction and to have us coordinate a smooth and efficient closing. In the
course of providing those services to you, we collect a significant amount of personal information.
We do not knowingly collect, maintain or use personal information from children under the age of 18 and no part of our
Services are directed or targeted to children. If you become aware that a child under the age of 18 has provided WFG with
personal information in violation of this Privacy Policy, please alert us at Consumerprivacy@willistonfinancial.com.
The CCPA requires us to list the statutory categories of consumers' personal information that we have collected about any
consumers in the preceding 12 months. Much of this information is gathered from our searches of the land, tax, court and
credit records to make certain that any liens, challenges, or title defects are addressed properly. Some of it is provided by
you, or your computer systems. Some come from real estate agents and brokers, mortgage brokers and others working
to facilitate your transaction, and some are provided by your lenders and credit bureaus. Here's how it breaks down.
ategory and Examples !From where do we get this Purpose Collected 3rd Parties with
Information? lwhom shared
Identifiers. Such as your name, You, your family and agents Each Category of See Below
!spouse's name, maiden names, Your computer, tablet and cell information will be used in "Disclosure of
amily member's names, aliases, phone !various combinations for the Personal
postal address, unique personal Real estate agents and brokers following purposes: Information for a
dentifier, online identifiers, Internet involved in the transaction • To provide the services Business
Protocol address, email address, Mortgage brokers, lenders and and products requested, Purpose"
iaccount name, Social Security credit bureaus including title and
riumber, driver's license number, Surveyors, appraisers, settlement services,
~assport number, or other similar abstractors, title plants, title evaluating the state of
dentifiers searchers title of a property and
Lien searchers and clearance identifying the liens and
companies encumbrances affecting
ll=ersonal information categories listed You, your family and agents that property, to close See Below
in Cal. Civ. Code§ 1798.B0(e) such as Your computer, tablet and cell loans, to record your "Disclosure of
our name, signature, Social Security phone deeds, mortgages and Personal
number, physical characteristics or other instruments Information for a
!description, address, telephone Real estate agents and brokers affecting title, make filings Business
riumber. passport number, driver's involved in the transaction with government Purpose"
icense or state IdentifIcatIon card Mortgage brokers, lenders and agencies, clearing title
,-iumber, insurance policy number, credit bureaus defects, to provide
teducation. employment, employment customer support to you
istory, bank account number, credit Surveyors, appraisers, abstractors, and others involved in
Icard number, debit card number, oc title plants, title searchers your transaction.
iany other financial information Lien searchers and clearance • To prevent fraud in
companies transactions, to find,
prevent and respond to
Protected classification characteristics You, your family and agents online and offline security See Below
iunder California or federal law issues, and for purposes 'Disclosure of
ncluding your age, race, color, marital Real estate agents and brokers of Identity verification Personal
talus, sex, physical disability, and involved in the transaction • For Government and Information for a
N'eteran or military status as such regulatory compliance Business
information appears in driver license Mortgage brokers, lenders and and reporting, to comply Purpose"
nd other identity documents and in credit bureaus with relevant industry
loan applIcatIon materials. standards and best
practices and WFG
You, your family and agents policies. See Below
Your computer, tablet and cell • To maintain and "Disclosure of
phone supplement title plants, Personal
~ornmercial information mostly in the databases of prior policies, Information for a Real estate agents and brokers subdivision master Business !form of real property records, involved in the transaction searches and other Purpose" l'nortgage records and lien records. Mortgage brokers, lenders and resources which may
credit bureaus expedite future
transactions affecting your
Surveyors, appraisers, abstractors, property
title plants, title searchers • To use and optimize our
Lien searchers and clearance computer systems.
companies understand how you use
our onllne an web
Iometric information as contained in You, your family and agents resources and improve ou See Below
ictrivers licenses and identity websites and apps and 'Disclosure of
ictocuments, captured on security Notaries and others handling present their contents to Personal
!cameras in our offices; and as closing and signing functions you; while maintaining the Information for a
equired for notarization and e-integrity and security of our Business Your computer, tablet and cell applications, websites and ,-iotarization in some states phone products Purpose"
Internet or other similar network You, your family and agents • To provide you with ematl, See Below
lactivity such as information on how text and video alerts, event "Disclosure of
Wou interact with and use our Your computer, tablet and cell registrations and other Personal
Websites, applications. emails, texts phone notices concerning our Information for a
land other electronic resources products or services, or Business
events or news, that may Purpose"
iGeolocation data. primarily in the form
be of interest to you.
You, your family and agents • To carry out our obligations See Below
of the location of your property and Real estate agents and brokers and enforce our rights "Disclosure of
when and where someone may be involved in the transaction arising from the contracts Personal
meeting you for signatures, etc. entered into between you Information for a
Mortgage brokers, lenders and and us. and with others, Business
credit bureaus including for billing and Purpose"
Surveyors, appraisers, abstractors,
collections and handling of
claims under a title policy.
title plants, title searchers • For testing, research,
Lien searchers and clearance analysis and product
companies development.
• As necessary or
Notaries and those handling closing appropriate to protect the
and signing rights, property or safety of
Your computer, tablet and cell us, insureds, our
customers, and others phone • To respond to law
V\ud10, electronic, visual, thermal, You, your family and agents enforcement, regulatory, See Below
!olfactory, or similar information. and lender requests and 'Disclosure of
Your computer, tablet and cell as required by applicable Personal law, court order, or !should you choose to interact with us phone governmental regulations. Information for a
by phone, video link or come into our • As described to you when Business
bffices your voice or images may be collecting your personal Purpose"
recorded information or as otherwise
Professional or employment-related You, your family and agents set forth in the CCPA and See Below
·ntormation. the Gramm-Leach-Bliley "Disclosure of
Current or past job history 1s often a
Mortgage brokers, lenders and Act Personal
credit bureaus • To evaluate or conduct a Information for a
nart of loan applications and merger, divestiture, Business
!statements of information. restructuring,
reorganization, d1ssolut1on,
Purpose"
Inferences drawn from other personal You, your family and agents or other sale or transfer of See Below
·ntormation. Your computer, tablet and cell some or all of our assets, 'Disclosure of
whether as a going Personal phone concern or as part of Information for a
Real estate agents and brokers bankruptcy, liquidation, or Business
involved 1n the transaction similar proceeding. in Purpose" which personal information
Mortgage brokers, lenders and held by us is among the
credit bureaus assets transferred
Surveyors, appraisers, abstractors,
title plants, title searchers
Lien searchers and clearance
companies
Disclosure of Personal Information for a Business Purpose
WFG DOES NOT SELL your information for monetary or other valuable consideration for marketing or any other
purpose.
However, some of your information does get shared, and within the last 12 months has been shared with persons
outside of the WFG family of companies in order to better facilitate and complete your transactions and for other business
and commercial purposes.
For example:
• WFG may order property searches and examinations from title searchers, abstractors and title plants.
• WFG may use third parties to obtain tax information, lien information, mortgage payoff information, condominium,
and homeowners' association information and payoff information.
• WFG may engage third parties to prepare documents in connection with your transaction.
• WFG may order surveys, appraisals, and inspections and/or communicate with those service providers.
Those services can't be ordered without providing basic information about the property involved, the parties, and/or the
liens to those service providers.
• Within the WFG family of companies, we divide up the work to handle each closing most efficiently and to meet
specific legal and licensing requirements. So certain parts of your closing {for example a search or disbursement)
may be handled by another division or company within the WFG family.
• When it is time for signatures, your complete closing package may be sent to a mobile notary, remote online
notary, or notary service company who will arrange to meet with you to sign documents. The notary will, in turn,
send signed copies back to us along with copies of your driver's license or other identity documents usually by
mail, UPS, Federal Express or other courier service and sometimes by email or another electronic transmission.
• Your deed, mortgage and other documents required to perfect or clarify title will be recorded with the local
recorder of deeds.
• We may use an outside service to coordinate the recording or e-recording of those instruments, and they will
receive copies of deeds, mortgages and other recordable documents to process, scan and send on to the
recording office.
• Information and draft documents will pass back and forth between WFG and the lenders and mortgage brokers to
facilitate your transaction.
• Information, including purchase agreements and amendments, will pass back and forth between WFG and the
Real estate agents and brokers, lenders, the mortgage brokers and others facilitating the transaction; and
• Various government agencies get involved. The law requires us to provide certain information to the IRS, the US
Treasury, local and state tax authorities, recorders of deeds and other governmental agencies.
• tn resolving claims and mitigating losses, we may engage outside counsel and other service providers {such as
surveyors and appraisers) to assist in resolving the claim.
• From time to time, we are required to respond to law enforcement, regulatory, and lender requests and as
required by applicable law, court order, or governmental regulations.
Contact for More Information
If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use
your personal information, your choices and rights regarding such use, or wish to exercise your rights under California
law, please do not hesitate to contact us at:
• Emailing us at consumerprivacy@willistonfinancial.com
• Going to http://bit.ly/WFGsConsumerPrivacylnformationRequestPage
• Calling us at: 833-451-5718; or
• Going into any WFG office and making the request in person.
The business is not subject to requirements set forth section 999.317{9) of the California Consumer Privacy Act
Regulations
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this
privacy notice, we will notify you by email or through a notice on our website homepage.
Privacy Notice for Oregon Residents
We may not disclose personal or privileged information about you unless we provide you with a disclosure authorization
form that is executed by you or your representative and otherwise complies with certain statutory requirements. Any such
authorization is not valid for more than 24 months and may be revoked by you at any time, subject to the rights of anyone
who relied on the authorization prior to your notice of revocation.
In addition, if your personal or privileged information was collected or received by us in connection with a title insurance
transaction. we cannot disclose such information if the disclosure authorization form that you executed is more than one
year old or if the requested disclosure is for a purpose other than a purpose expressly permitted by statute.
You have the right at any time to request in writing access to recorded personal information about you that is reasonably
described by you and reasonably available to us. Within 30 days of the date of our receipt of any such written request
from you, we will inform you of the nature and substance of any such information, permit you to see and copy that
information or obtain a copy by mail, disclose the identity, if recorded, of the persons to whom we have disclosed such
information during the previous two years, and provide you with a summary of the procedures by which you may request
that such information be corrected, amended or deleted.
• Emailing us at consumerprivacy@willistonfinandal.com
• Calling us at: 833-451-5718; or
• Going into any WFG office and making the request in person.
Revised 12/31 /19
~G N~;!~~~!i,t!~"~"~?'pany
Borrower's Instruction to Suspend and Close Equity Line of Credit
Date: January 27, 2020
Lender:
Re: Escrow No .. 20-110980
Borrower(s): Joyce A. James Trust
Account Number of the Equity Line of Credit:
Encumbered Property Address: 3931 Garfield Street, Carlsbad, CA 92008-4036
Escrow or Settlement Agent: WFG National Title Company of California
In connection with a sale or refinance of the above-referenced property, my Escrow Agent or Settlement Agent has
requested a payoff demand statement for the above-described equity line of credit.
I understand my ability to use this equity line of credit will be suspended for at least 30 days to accommodate this pending
transaction. I further understand that I cannot use any credit cards, debit cards, checks associated with this equity line of
credit, or in any other manner of draw against the equity line of credit while it is suspended and all amounts will be due
and payable upon close of escrow.
I also understand that when payment is made in accordance with the payoff demand statement, my equity line of credit
will be closed. If any amounts remain due after the payment is made, I acknowledge that I will remain personally liable for
those amounts even if the equity line of credit has been closed and the property released.
This is my written authorization and instruction that you are to close my equity line of credit and cause the secured lien
against this property to be released when you are in receipt of both this instruction and payment in accordance with your
payoff demand statement.
Joyce A. James Trust
C1
l
0
I
'
8
(/
)
1 '-
~
~-
~
.1
,
~
,.
~
~
&
~!
j
j
"'
<@
w
••
"
'
-:
~
~
I~
~
••
~~
-
•
"'
!•
~
~
.
. '
,,
,
I•
I
"
"
I~
·,
•
'
1~
~
1
~.
'
-
~
s.
.
• ~
,.
e
''
u.
~
'
i?
.
.
;
~
~~
N
'
N
"
"
"
"
0
0
;,;
C
0
0
0
'
""
,.
CB
G
~
. .
0
~
J 0-
,o
-
z
CB
~
'
CB
..
~
~\
d)GJ
~1), \\:Y .®
'%i \ / (ci'i?)
,--.,,.
\I.J,;JJI
<o
',ON Ol[C:0 COUNII
~SS[SSO•C Mir
"'>
3980& 3982 GARFIELD STREET
DOC91-603531
PAR I, PM 16203
ASSESSMENT PAR NO
206-012-10 SU3 ID @i]-~
l'U• Z06P!~[ 01 SHT. 2
0
"1
('5'
~ <l
t 'o
""·
r)"--
STRATFORD SQUARE
DOC73-98187
;•BLKHi LOT7
ASSESSMENT PAR NO
206-0i!-07SU!:: ID @D-@3
i•ll~ITS UNIT 7
THIRD FLOOR
(§)
SHORES AT CARLSBAD
DOC 88-232019
3• LOT I
ASSESSMENT PAR. NO.
206-0)3-Z0SUB. ID.~-~
CONDOMINIUM
206-01
SHT2 J
NO SCALE
tjl /. 1-13-92..
,c'c,
/ I"~·
~(,t-
-J-~~
~!'
c;,. t ~ "o
\ ~ \ 'o
\\
@
®
ASSESSMENT PAR NO.
206-011-21 SUB. ID.@]-@]
TAMARACK \.
DOC 85-210317 \
2•LOT I
\\,
o'~ "~c;i~
\
NOTE: EACH SUB. ID. INCLUDES AN U~D. INT.
a.MAP 11316-CARLSBAD TCT84-18
"MAP 10872-CARLSBAD TCT 81-44
,. MAP 1747 -PALISADES IN ITS RESPECTIVE COMMON AREA
(
/