HomeMy WebLinkAboutMS 2023-0007; 1675 FARADAY AVENUE LOT SPLIT; Minor Subdivision (MS)DocuSign Envelope ID: 630182CB-3344-47411-B4C0-48B75FBEF8D3
IMPORTANT: A Grant Deed is required if the ownership does not match city records. Ownership on the
deed must correspond exactly with the ownership listed. If the owner noted on the Grant Deed does not
match the person signing as Property Owner, provide paperwork documenting the person signing is
authorized to sign as a Property Owner.
Whenever any excavation, fill, or other project-related improvement requires entry onto adjacent
property for any reason, the Land Use Review Application shall include the written consent or legal
easements or other property rights of the adjacent property owner or their authorized representative,
and shall include such consent with the application package. The application will not be deemed
complete unless and until all necessary consent documents are so filed. The consent shall be in a form
acceptable to the City Planner. 1f the proposed improvements on the adjacent property change the
nature of the property's development rights (or implied bundle of rights), the city might require
recordation of a Covenant and Agreement for Offsite Improvements and Release of Liability as a
condition of project approval.
Does the project's limits of disturbance encroach on property not owned by the Property Owner?
□ Yes IXl No If yes, attach adjacent owner authorization.
PART B. Owner Declarations (to be signed by Property Owner)
I/We hereby certify under penalty of perjury that I have read the information below and that:
1. I/We understand that it is the responsibility of the Applicant to substantiate the request through
the requirements of the application.
2. I/We understand that if there is a zoning violation on the property, application review may be
delayed. Any unpermitted structures or uses must either be removed or legalized at part of this
application.
3. I/We understand that if this application is approved, I/we may be required to record a covenant
with the County Recorder's Office, the form and content that is satisfactory to the City and its
City Attorney, to notify future owners of the project approval and restrictions.
4. If this Land Use Review Application is approved or conditionally approved, I/we hereby certify
that I/we will comply with all conditions attached to the approval action. I/We understand that
the failure to comply with any conditions shall constitute grounds for the revocation or
modification of the approval, permit, or other authorizations provided.
S. Prior to any use of the project site pursuant to the permit issued, all conditions of approval (if
any) will be completed or secured in the manner as stated or required. ,.-·--Property Owner Signature(s): \cl:'c'-tcc".'-:CC,_"'~"'':!="-s .. ='-----------------------
Name(s): Jason Anderson 9/25/2023
Date: ________ _
Page 2 of 6
P-1(A) Form Rev 6/2023
OocuSigf) Envelope 10: 630182CB-3344-474P-"14C0-48B75FBEF803
PART C. Project Team Information (complete all applicable fields)
Applicant: Ill Same as Owner □ Different from Owner
Name (if different from Owner): ________________________ _
Company or Firm: _____________________________ _
Contact Address: ______________________________ _
City: ____________ State: ____________ Zip Code: _____ _
Agent or Representative: □ Same as Applicant IXl Different from Applicant ON/A
Name (if different from Applicant): _L:.:•c:s ___ lie:...cR:ca.eg ___ a __ n ___ Pc:Ec_ ________________ _
Company or Firm: O'Day Consultants, Inc
Contact Address: 2710 Loker Avenue, Suite 100
City: Carlsbad State: California Zip Code: ---"'92e,Occ10cO __ _
Other (specify Architect, Engineer, CEQA Consultant, etc.): _______________ _
Name: _________________________________ _
Company or Firm: _____________________________ _
Contact Address: ______________________________ _
City: ____________ State: ____________ Zip Code: _____ _
NOTE: A letter of Authorization (LOA) from the Property Owner empowering a person or persons to act
on the behalf of the Property, is required if anyone other than the Property Owner signs the Land Use
Review Application as the Applicant or Agent. The authorized person (Applicant or Agent) on the LOA
must correspond with the name and signature, above.
PART D. Single "Point of Contact" Designation
A single "point of contact" is an individual that handles a/f communications with the city and its review
team for the purposes of sending and receiving application materials, information, reports, etc. The
point of contact is to be the single individual elected on the Land Use Review Application form for all
communications and to remain as the primary contact for a/f status updates relating to the land Use
Review Application.
Single Point of Contact: D Applicant D Property Owner Ill Agent D Other ________ _
Page 3 of 6
P-1 (A) Form Rev 612023
OocuSigr;i Envelope ID: 630182CB-3344-474P.-84C0-48B75FBEF8D3
PART E. Contribution Disclosure
Has the Property Owner, Applicant, or Agent had more than $900 worth of business transacted with any
member of city staff, Boards, Commissions, Committees and/or Council within the past 12 months?
NA □ Yes GI: No If yes, indicate person(s): ___________________ _
NOTE: Attach additional sheets if necessary.
PART F. Applicant Declarations (to be signed by Applicant)
I hereby certify under penalty of perjury that I have read the information below and that:
1. I have carefully reviewed and prepared the application and plans in accordance with the
instructions.
2. I understand that the specific information needed to initiate planning case processing
corresponds to those items listed in the application form's uMinimum Submittal Intake
Requirements Checklist." I also understand that even if the application is duly filed and
accepted for intake processing, each application submitted to the Planning Division is
required to have specified information included in the application packet before it is
determined to be complete. The specific information to determine completeness is in
"Completeness Determination Requirements Checklist."
3. The Planning Division has developed policies to help ensure that discretionary permit
applications are timely processed. The Permit Streamlining Act shot clock starts on the intake
date the Planning staff accepts a duly filed application.
4. I understand that once an application is determined to be complete, project or design changes
that will increase the number of units, add uses that were not previously listed, substantially
change the site plan, or other changes that trigger the need for additional discretionary
approvals will require a new application, or the filing of other application permit types, which
would restart the review "clock" and extend processing timelines.
5. I understand that upon city review, additional information, documents, reports, entitlements
and fees might be required, including any referral fees. I understand that alt fees and deposits
submitted with this application will be refunded only as provided for by the ordinances,
regulations, or policies in effect at the time of the application submittal.
6. I understand that it is my responsibility to ensure that statements are true, that discrepancies do
not exist between the project's description on the application, the architectural plans and the
structural plans. If discrepancies exist between the architectural plans and the structural plans,
the architectural plans shall take precedence. Ultimately, the scope of work, as described on the
permit that authorizes construction, takes precedence over the plans. If there is a discrepancy
between the plans and the description on the permit, the permit governs.
Page 4 of 6
P-1(A) Form Rev 612023
DocuSign Envelope ID: 630182CB-3344-474R-B4C0-48875FBEF8D3
7. I understand that all materials submitted in connection with this application might become
public record subject to inspection and copying by the public. I acknowledge and understand
that the public might inspect and copy these materials and that some or all of the materials
might be posted on the city website or elsewhere online, outside of the city's control.
8. l understand there are no assurances at any time, implicitly or otherwise, whether provided to
me in writing or by oral communications regarding final staff recommendations to the decision-
making body about this application or the determination of any decision-making body.
9. If the project is approved or conditionally approved, the approved plan set of project drawings,
civil plans/grading, sections, site plans, floor plans, architectural elevations, and landscape plans
shall not be altered without express authorization by the City Planner. Once a permit has been
issued, the Applicant may request permit modifications. "Minor" modifications might be granted
if found by the City Planner to be in substantial conformity with the approved plan set, including
all exhibits and permit conditions. Modifications beyond the scope described in the approved
plan set might require submittal of an amendment to the permit and approval by the authorized
review body.
10. Should any proponent of the project fail to file a timely and valid appeal of the permit within the
applicable appeal period, such inaction shall be deemed to constitute acceptance of the permit
by the Applicant; and agreement by the Applicant to be bound by, to comply with, and to do all
things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of
the issued permit or other approval.
11. As part of this application, the Applicant hereby agrees to defend, indemnify, and hold harmless
the City of Carlsbad, its Council, boards and commissions, officers, employees, volunteers, and
agents from any claim, action, or proceeding against the City of Carlsbad, its Council, boards and
commissions, officers, employees, volunteers and agents, to attack, set aside, void or annul an
approval of the application or related decision, including environmental documents, or to
challenge a denial of the application or related decisions. This indemnification shall include, but
not be limited to, damages awarded against the city, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by Applicant, city, and/or the parties initiating or bringing such
proceeding. The Applicant sha11 indemnify the city for all of the city's costs, attorneys' fees, and
damages that the city incurs in enforcing the indemnification provisions set forth herein. The
Applicant shall pay to the city upon demand any amount owed to the city pursuant to the
indemnification requirements prescribed.
Page 5 of 6
P-1(A) Form Rev6l2023
DocuSi9n Envelope ID: 630182CB-3344-4748-B4C0-48B75FBEF803
PART A. Project Summary Information
NAME OF PROJECT: 1675 Faraday Avenue -Lot Split
APPLICATION PERMIT TYPES REQUESTED: __ T_e_nt_a_ti_ve_P_a_rc_e_l_M_a~p ___________ _
ACCESSOR PARCEL NUMBERS: _2_1_2_-1_3~0~-~52~·~0~0 __________________ _
PROPERTY ADDRESS: 1675 Faraday Avenue, Carlsbad, CA 92008-7314
CONTACT: □ Applicant □ Property Owner IXI Agent
Signature: ________________________________ _
Name: Leslie Ragan PE, O'Day Consultants, Inc Date: October 4, 2023 -====~~----"-'-===-=-=-----
Fully describe the proposed project by application type. Include any details necessary to adequately explain the
scope and/or operation of the proposed project. You may also include any background information and
supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet
if necessary.
Property owner would like to restore original map Lots 107 and 108. Carlsbad Tract No. 85-24 Unit 5 Carlsbad
Research Center established Lots 107 and 108, recorded in San Diego County May 16, 1991. On December 14,
2001, per Document 2001-0922023 Certificate of Compliance for Adjustment Plan removed the single lot line
separating Lot 107 from Lot 108, effectively merging the lots. Current Project Application is to re-establish the
lot line between original Lots 107 and 108 in its original location.
Page2of4
P-1(8) Form Rev 612023
DocuSiQn Envelope !D: 630182CB-3344-4743-B4C0-48B75FBEF8D3
PART B. Supplemental Information
Denote whether the following items are applicable to the project or if any portion of the property located within any of the
following? Use an addendum sheet to further describe all items marked "yes" in this list (attach additional sheets as
necessary).
1. A very high fire hazard severity zone, as determined by the Department of Forestry
and Fire Protection pursuant to Government Code§ 51178 for State Responsibility
Areas; or any official local maps published pursuant to Government Code§ 51178
for local Responsibility Areas.
2. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part
660 FW 2 (June 21, 1993).
3. A hazardous waste site that is listed pursuant to Government Code§ 65962.5 or a
hazardous waste site designated by the Department of Toxic Substances Control
pursuant to Health and Safety Code§ 25356 of the Health and Safety Code.
NOTE: Certification of compliance required on Form P-l(C).
4. A special flood hazard area subject to inundation by the 1 percent annual chance
flood (100-year flood) as determined by the Federal Emergency Management
Agency in any official maps published by the Federal Emergency Management
Agency.
5. A delineated earthquake fault zone as determined by the State Geologist in any
official maps published by the State Geologist.
6. Any historic or cultural resources known to exist on the property.
7. The project requires any approvals under the Subdivision Map Act, such as a parcel
map, a tentative map, or a condominium map.
NOTE: If "yes," you may need ta complete Form P-l(E) and Farm P-l(F).
8. The project require a Density Bonus Approval.
NOTE: If "yes," you must complete Forms P-1 (H).
9. The project site located within the Coastal Zone.
NOTE: If "yes," you may need to complete Form P-6 and/or Form P-7.
a. If "yes," does any portion of the property contain wetlands, as defined in Title
14 of the California Code of Regulations§ 13577.
Yes No
□ 00
□ 00
□ 00
□ 00
□ 00
□ 00
00 □
□ 00
□ 00
0 NIA □
Page 3 of4
p. I (B) Fonn Rev 6/2023
DocuSign Envelope ID: 630182CB-3344--4' .4CQ.48B75FBEF8D3
Community Development Department-Planning Division DISTRICT CASHIER'S USE ONL V
( City of
Carlsbad Project Facility Availability-Water Org/Account _____ _
Date/Amount: _____ _
(Form P-99W; Refer to Info-Bulletin 1B-116 for processing instructions) Approved By: ____ _
APPLICANT & PROJECl lr-.:FORMATION (COMPLETFD BY APPLICANT)
1675 Faraday Ave -Lot Split
Project Name
APN: 212-130-52--00 1675 Faraday Avenue, Carlsbad, CA 92008-7314
Project Address and Assessor Parcel Number(s)
A. Project scopa (Respond to all sevt:n Items)
1. Is a draft site plan attached to this Project F.dlty Availability Form: 1J Yes D No
2. Project type (select all that apply}: Ministerial Action only, no building planned at this time.
□ Single-family ( __ total units) □ Multi-family ( __ total units) □ Office ( ______ total square footage)
□ Commercial ( ______ total square footage) □ Industrial ( _______ total square footage)
□ Yes D No 3.
4.
5.
Is the project proposing use of reclaimed/recycled water?
Property is served by the following water district: ~ Carlsbad Municipal D Olivenhain Municipal
location of nearest existing public water main: b It A;(. o±: f'ltxe\ 5 f\i-\:: D Vallecitos €3 l(~i..r ;l<
Water main size: _g_ inches
6. Proposed connection point(s) to existing water main: ___________________________ _
7. Was a water study prepared for this project? 0 Yes 1J No (If yes, attach a copy of the report)
What was the estimated maximum day demand? ________ What was the peak hour demand? _______ _
8. Was a copy of the completed & signed P-99F form attached? Ill Yes D No (District will nor pror;ess P..99Wwlthout a P-99F attached}
B. Dedaratlon
By signing below, the applicant acknowledges that the information provided is accurate and acknowledges that any significant modification of the
proposed project may result in changes to the CFD's draft conditions/ovoilobi/ity to serve.
~
~"':L Jason Anderson
~ at-.AS.... ---------------
Ii. I1cam,,19nature Applicant Name Date
9/25/2023
janderson@modempostcard.com 1675 Faraday Avenue, Carlsbad, CA 92008
Phone Number Email Address Mailing Address
Once complfltsd and signed, present /tis bm 10 the ser.,ng water district lbr processmg
FACILITY AVAILABILITY (COr-.tPU:TED BY SERVING WATER DISTRICT)
The information below is based on a cursory review of the information provided on this form (pre-filing of o formal land use development
application). Changes or modification in use, construction type or site design may impact water requirements., The applicant is encouraged to
process an updated form if the project chi&r· I Di5fr'tc.f ' Wa+,cr District Name· O:ulsi:X«i. 1,)tJl'C-100
)I[ I OCT 2 6 2023 1 ProJect Is entirely within the d1stnct
D Project is not entlrely within the district, and a potential boundary issue exists with the following district:
D Project is not in the district, but within the sphere of influence boundary (owner must apply for annexi1tion)
D Project is not in the district and not within the sphere of influence boundary
2 li{ Facilities to service the proposed project ~RE D ARE NOT reasonably expected to be available within the next five years
If not available, reason:
3. D Project conditions not required
D Draft district conditions for the project attached. Total number of sheets attached:
"" Conditions will be provided after the project has been submitted and deemed complete by the Planning Division
• 'i(1f checked, the Planning Division is instructed to route submitted application/plans to district for further review.
4. □ Applicant will be required to prepare a water system analysis: □ Yes li{No
(Note: Upsizing may be required based on flow, velocity, and pressure requirements)
This Project Foc//lty AWJllobJJity Form Is valid unt/1 final discretionary action Is token pursuant to the application for the proposed project unless o
shorter expiration date Is otherwise. noted. This dpcumfnt Is not~commJtmentofseakt or facllltlu of Che Dlltdct• The completed form Is to be
submitted to the.Comm1JJ1ity Development Deportment (1635 FOi'-ayA~nue.) as part of the discretionary permit appllcatlon.
,/,,, D,f//_ ,1'/a/42 /11ul,v/e.-Ld/12/_2D"L",
Dl'strict Stfff Signature District Staff Name (Printed) D~€
UlrJ.:-bi2 4kx,i(jk ~' 111l(1Vl'-L",.,'Vl~nrle ~-/lil_y1~r,J4t,~l'• (ij]?'/1-ZJ,7,'L.
Title
___ ,11A>r
Email Phone number
PFA Form WateT_P-99W_Jan. 2023
OocuSign Envelope ID: 630182CB-3344-474R-R4~C~0~-4='="'~'~'=·=·'~'=D=3-~-------
{ City of
Carlsbad
TENTATIVE PARCEL MAP
WAIVER OF PROCESSING
TIME LIMITS
P-1 (F)
[IT] APPLICATION AND WAIVER INFORMATION
Development Services
Planning Division
1635 Faraday Avenue
442-339-2600
www.carlsbadca.gov
Subdivision Map Act (SMA) § 664S2.1 sets a fifty-day time limit for the Planning Division to process tentative parcel
maps. Per SMA § 664S1.l, this time limit may be extended by mutual consent of the applicant and the city to allow for
concurrent processing of related approvals or an environmental review of the project.
By accepting applications for tentative parcel maps concurrently with applications for other approvals that are
prerequisites to the map (e.g., Environmental Information Form, Environmental Impact Report, Condominium Permit,
Planned Unit Development), the fifty-day time limit is often exceeded. For the city to process a tentative parcel map
application concurrently, the Applicant, Property Owner, or Agent must sign this agreement. If this agreement is not
signed, the city will accept the tentative parcel map application only after all prerequisites to the map have been
processed and approved.
The undersigned acknowledges the processing time required by the city is expected to exceed the fifty-day time
restriction and hereby waives such time restriction for City Planner, Planning Commission, or City Council action.
NAME OF PROJECT, 1675 Faraday Avenue -Lot Split
BRIEF SUMMARY OF PROJECT: Re-establish lot split, re-creating developable lot in Carlsbad Research Center
LOCATION,_~1=67~5~F•='=•=d•~yLA~v~eLn=u=eL,C=•=r~l•=b=•d='LC=A~9=2=0=08=-~7=3~14~--------------
CONTACT, D Applicant IXI Property Owner □ Agent
~
-··-· Signature:~~ i~ .... ,.,.,, .. ., ...
Jason Anderson 9/25/2023 Name: Date: -----------------------
To be stapled/attached with receipt to the application and shall be effective until replaced or revoked in writing.
Page 1 of 1
P-l(F) Form Rev 6/2023
DocuSign Envelope ID: 630182CB-3344-474fUHC0-48875FBEF8D3
' ' " --------------
{ City of
Carlsbad
FINANCIALLY
RESPONSIBLE PARTY
STATEMENT P-1(J)
Development Services
Planning Division
1635 Faraday Avenue
(442-339-2600
www.carlsbadca.gov
§ APPLICATION INFORMATION
This submittal form is to be completed as part of your application with the City of Carlsbad. Your project
cannot be reviewed until Part A is completed. Part B is to be completed only when there is a change in
assignment and there is a new Financially Responsible Party.
PART A. Assignment
It is the policy of the City of Carlsbad to recover the actual cost of processing Land Use Review
Applications, including all time spent by city staff to review, refer, and coordinate land development
applications. The fee amounts are set by ordinance or resolution to cover the estimated costs of
processing the application package. Actual costs may vary substantially due to project location,
environmental issues, planning constraints, appeals or code/ordinance compliance.
The Property Owner, Applicant, or Agent is required to submit proof of payment for the required intake
fee amount for each application permit type. The amount due and to be received by the city must be
based on the Master Fee Schedule in effect at the time of payment, regardless of the original estimate
or costs paid to process prior projects. The person named as Financially Responsible Party in this
document is person or persons responsible for depositing, transferring, or has previously sent funds to
process the following application.
PROJECT NAME: 1675 Faraday Avenue -Lot Split
BRIEF PROJECT SUMMARY: Re-establish lot split, re-creating developable lot in Carlsbad Research Center
PROJECT LOCATION: 1675 Faraday Avenue, Carlsbad, CA 92008-7314
Said fees or deposits and any subsequent fees or deposits are made on behalf of the person, corporation
or partnership named below as the "Financially Responsible Party." With reference to said application
and fees or deposits, the Financially Responsible Party hereby acknowledges and agrees as follows:
1. Said initial payment, deposit, and any subsequent payments or deposits shall be held by the city
in an account under the name of the project and/or Financially Responsible Party, and the funds
remaining in said account at the completion of work or withdrawal of the application shall be
refunded to the Financially Responsible Party at the address below. In the case that the
Financially Responsible Party transfers ownership of the subject property and wishes to transfer
responsibility of the Deposit Account to the new owner, a Change of Financial Responsibility
Form must be completed to authorize transfer of ownership of funds in said account (Section 3
of this document). The Financially Responsible Party may contact the assigned planner to
request a new form.
Pagelof3
P-1(J) Form Rev 712023
DocuSigi;i Envelope ID: 630182CB-3344-474-'"-~C0-48B75FBEFBD3
2. All costs incurred by the city in processing said application, including overhead, whether within
or over the is the Financially Responsible Party's personal obligation and shall not be affected by
sale or transfer of the property subject to the application, changes in Financially Responsible
Party's business organization, or any other reason. "Costs incurred by the city" as identified in
this paragraph may include costs for the services of an outside contractor for third party review,
including environmental evaluation. Where the City Planner determines it is necessary to
engage the services of an outside contractor to assist with application processing, costs for such
services are to be paid by the Financially Responsible Party in the same manner identified
above.
3. If the Financially Responsible Party withdraws an application, the City Planner will cease
processing of the application within one day and will proceed with the case closure process. The
Financially Responsible Party is responsible for all case closure costs. Case closure costs will be
minimized to the maximum extent practicable.
The Financially Responsible Party is a (check one):
□ Applicant IXt Property Owner □ Agent □ Other: ____________ _
Financially Responsible Party's Legal Name: 1675 Faraday Avenue, Carlsbad, CA 92008-7314
Address: 1675 Faraday Avenue Carlsbad
City: __ C_a_rl_s_ba_d __________ State: CA Zip Codec 92008-7314
Phone: -~(7_6_0~)_5_3_5_-4_7_6_3 ______ Cell Phone: __________ _
Email: janderson@modernpostcard.com
By signing below, I/We have read this form and agree to all terms and limitations provided for
application intake and processing. I understand and agree that as the Financially Responsible Party, I/We
are responsible for payment of all fees associated with this project including all hourly or other fees
which might accrue during the review and/or post-issuance whether the permit issued or whether the
application is canceled or denied before the permit is issued.
Financially Responsible Party Signature: G,;].~ 9/25/2023 Date: _____ _
P . t N Jason Anderson rm ame: ______________________________ _
The information about the Financially Responsible Party provided above must be 100% accurate. If there
is a refund, the check will be mailed to the name and address stated below. If the information stated on
this form is inconsistent with our system, the Financially Responsible Party must clarify and correct
before the application can be deemed complete. Also, a Letter of Authorization (LOA) is required if the
Financially Responsible Party is a "company", stating that the Agent has the authority to complete and
sign this form.
Page 2 of 3
P-1(J) Form Rev 7/2023
DocuSIgn Envelope ID: 630162CB-3344-474P ~4C0-46B75FBEF6D3 . . .
PART B. Change in Assignment (New Responsible Party)
This portion of the submittal form is to be completed when the Financially Responsible Person changes
during the course of processing the application with the City of Carlsbad.
Transferring from (to be completed by current Financially Responsible Party):
I,-----------------~ hereby assign and transfer all rights and financial
responsibilities for the following application:
PROJECT NAME: _________________________ _
BRIEF PROJECT SUMMARY: ____________________ _
PROJECT LOCATION: ________________________ _
PLANNING CASE NOS.: _______________________ _
Current Financially Responsible Party Signature: ________________ _
Print Name: ___________________ Date: _______ _
Acceptance of Transfer (to be completed by the new Financial Responsible Party):
I,------------~ hereby accept financial responsibility for the above-mentioned
project from ___________ (FRP, Part A.), effective date _____ _
New Financially Responsible Party's Legal Name: _______________ _
Address: _____________________________ _
City: _______________ State: ____ Zip Code: _______ _
Phone: _____________ Cell Phone: ____________ _
Email: ______________________________ _
New Financially Responsible Party Signature: _________________ _
To be stapled/attached with receipt to the application and shall be effective until replaced or revoked in
writing.
Page 3 of 3
P-1\J) Form Rev 712023
DocuSign Envelope ID: 630182CB-3344-474~.-.64~C~0~-4~8~B~7~5F~8~E~F~8~D~3 _________ _
( City of
Carlsbad
TENTATIVE PARCEL MAP TENANT
NOTIFICATION STATEMENT
(Statement of Comptiance with
Subdivision Map Act Sect. 66427.1)
P-1(G)
Proposed Minor Subdivision No.: ____________ _
Development Services
Planning Division
1635 Faraday Avenue
(442) 339-2610
www.carlsbadca.gov
I hereby certify that I have read Subdivision Map Act Section 66427.1 (provided below) and that I will make all
notifications to the tenants required therein. G-~···
S
~::.fa.~ Jason Anderson 9/25/2023
Igna ure Print Name Date
[Z]Property Owner
Signature
□Property Owner
□Applicant
□Applicant
Subdivision Map Act Section 66427.1
Print Name Date
(a) The legislative body shall not approve a final map for a subdivision to be created from the conversion of residential real
property into a condominium project, a community apartment project, or a stock cooperative project, unless it finds as follows:
(1) Each tenant of the proposed condominium, community apartment project, or stock cooperative project, and each person
applying for the rental of a unit in the residential real property, has received or will have received all applicable notices and
rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 66451).
(2) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has
received or will receive each of the following notices:
(A) Written notification, pursuant to Section 66452.9, of intention to convert, provided at least 60 days prior to the filing of a
tentative map pursuant to Section 66452.
(B) Ten days' written notification that an application for a public report will be, or has been, submitted to the Department of
Real Estate, that the period for each tenant's right to purchase begins with the issuance of the final public report, and that the
report will be available on request.
{C) Written notification that the subdivider has received the public report from the Department of Real Estate. This notice
shall be provided within five days after the date that the subdivider receives the public report from the Department of Real
Estate.
(0) Written notification within 10 days after approval of a final map for the proposed conversion.
{E) One hundred eighty days' written notice of intention to convert, provided prior to termination of tenancy due to the
conversion or proposed conversion pursuant to Section 66452.11, but not before the local authority has approved a tentative
map for the conversion. The notice given pursuant to this paragraph shall not alter or abridge the rights or obligations of the
parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent, or the
obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code.
(F) Notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions
that the unit will be initially offered to the general public or terms more favorable to the tenant. The exclusive right to purchase
shall commence on the date the subdivision public report is issued, as provided in Section 11018.2 of the Business and
Professions Code, and shall run for a period of not less than 90 days, unless the tenant gives prior written notice of his or her
intention not to exercise the right.
(b) The written notices to tenants required by subparagraphs (A) and (B) of paragraph (2) of subdivision {a) shall be deemed
satisfied if those notices comply with the legal requirements for service by mail.
{c) This section shall not diminish, limit or expand, other than as provided in this section, the authority of any city, county, or
city and county to approve or disapprove condominium projects.
(d) If a rental agreement was negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean, all required written notices
regarding the conversion of residential real property into a condominium project, a community apartment project, or a stock
cooperative project shall be issued in that language.
P-1(G) Page 1 of 1 Revised 3/22
DocuSign Envelope ID: 630182CB-3344-4748-B4C0-48B75FBEF8O3
I
, City of Carlsbad Climate /S. on Plan Consistency Checklist
STEP 1: LAND USE CONSISTENCY
The first step in determining CAP consistency for discretionary development is to assess the project's consistency
with the growth projections used in the development of the CAP. This section allows the city to determine a
project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the
CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric
tons of CO2 equivalent (MTCO2e) GHG will be subject to a project-specific analysis of GHG emissions' impact on the
environment in accordance with the requirements of the California Environmental Quality Act (CEQA). This may
result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance
with the CAP ordinance requirements identified in Step 2 of this checklist.
fmp1 Land Use Consistency
Checklist Item
(Check the appropriate box and provide an explanation and supporting documentation for your answer)
A. Is the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations?
OR,
If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a
land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less
GHG-intensive project when compared to the existing designations?
Yes No
00 □
If "Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and
proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the
Climate Action Plan.
If ~No", proceed to Question B.
B. The CAP established a screening threshold of 900 MTCO2e/year for new development projects to assist in determining
consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP
screening threshold. Will the proposed land use change result in the construction of less than any one of the following?
• Single-Family Housing: 50 dwelling units
Multi-Family Housing: 70 dwelling units
Office: 35,000 square feet
Retail Store: 11,000 square feet
• Grocery Store: 6,300 square feet
• Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to
determine whether it is below the 900 MTCOie/year screening threshold.
If ''Ye!/', proceed to Step 2 of the checklist.
□ □
If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. Applicant must prepare a Self-developed GHG emissions
reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset
the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative
GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section
15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed
and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist.
P-30 Page 2 of 8 Revised 06/22
I
DocuSign Envelope ID: 630182CB-3344-4748-B4C0-48B75FBEF8D3
' Cit~ of Carlsbad Climate C on Plan Consistency Checklist
STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS
Completion of t his checklist will document a project's compliance w ith CAP ordinances, and in turn, demonstrate
consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply
to development projects that require a building permit. All other development projects shall implement all
emissions-related mitigation measures from the General Plan Update EIR.
Project No./Name:
Property
Address/APN:
Applicant Name/Co.:
Applicant Address:
Applc:atianlnformatlon
1675 Faraday Avenue -Lot Split
APN: 212-130-52-00 1675 Faraday Avenue, Carlsbad, CA 92008-7314
The Faraday Corporate Office LLC
1675 Faraday Avenue, Carlsbad, CA 92008
Contact Phone: (760) 535-4763 Contact Email: janderson@modernpostcard .com
Contact information of person completing this checklist (if different than above):
Name: Leslie Ragan PE Contact Phone: (760) 931-7700 ext 322
Company
name/address: O'Day Consultants, Inc Contact Email: leslier@odayconsultants.com
2710 Loker Ave, St 100, Carlsbad, CA 92010
Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If
your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for
assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov.
Estimated Building Permit Valuation (BPV): $ Ministerial Action only, Climate Action Plan compliance not applicable.
1 Construction Type
D Residential
I Complete Secllon(s) I Notes:
□ New construction 2A, 3Aand 4A
□ Alterations:
□ BPV < $60,000 N/A All residential alterations
□ BPV 2 $60,000 lA and 4A 1-2 family dwellings and townhouses with attached
□ Electrical service panel upgrade 4A garages only
Multi-family dwellings only where interior finishes are
lA and 4A removed and significant site work and upgrades to □ BPV 2 $200,000 structural and mechanical, electrical, and/or plumbing
systems are proposed
BPV 2 $1,000,000 2B Multi-family dwellings only where .:$1,000,000 BPV AND
affecting 275% existing floor area I D Nonresidential
□ New construction 1B, 2B, 3B, 4B and
5
P-30 Page 3 of 8 Revised 06/22
I
DocuSign Envelope ID: 630182CB-3344-4748-B4C0-48875FBEF8D3
. Cit~ of Carlsbad Climate C on Plan Consistency Checklist
D Alterations:
D 8PV ~ $200,000 or additions ~ 18,5 1,000 square feet
D BPV ~ $1,000,000 18, 28 and 5 Building alterations of~ 75% existing gross floor area
D ~ 2,000 sq. ft. new roof addition 28 and 5 18 also applies if BPV.:: $200,000
CAP Ordinance Compliance
Cheddlstbm
Oleclc the appropriate boxes, explain all not applicable and exception Items, and provide supporting calculations and documentation as
necessary. I L Enerav Effldwy
Please refer to Carlsbad Ordinance No. CS-437 for more information when completing this section.
A. 0 Residential addition or alteration~ $60,000 building permit valuation.
See Ord. CS-437.
Year Built Single-family Requirements
□ Before 1978 Select one:
□ Duct sea ling □ Attic insulation □ Cool roof
D 1978 and later Select one:
D Lighting package □ Water heating package
D Between 1978 and 1990
□ 1991 and later
8. 0 Nonresidential' new construction or alterations~ $200,000 building permit valuation,
or additions~ 1,000 square feet.
See CALGreen Appendix AS, as amended in CS-437.
AS.203.1.1.l
D Outdoor lighting: .90 Allowed Outdoor Lighting Power
AS.203.1.1.2
□ Restaurant service water heating (comply with California Energy Code Section 140.5, as amended)
AS.203.1.2.l
Choose one as applicable: D .95 Energy budget D .90 Energy budget
AS.211.1. 0
D On-site renewable energy
AS.211.3**
D Green power Of offered by local utility provider, 50% minimum renewable sources)
AS.212.1
D Elevators and escalators
0 N/A ________ _
D Exception: Home energy score~ 7
(attach certification)
Multi-family Requirements
□ Attic insulation
Select one:
□ Attic insulation D Duct Sealing □Cool roof
Select one:
D Lighting package D Water heating package
□ N/A _________ _
0 N/A
□ N/A
D N/A
D N/A
□ N/A
□ N/A
P-30 Page 4 of 8 Revised 06/22
Do~uSign Envelope ID: 630182CB-3344-4748-84C0-48875FBEF8O3
. City of Carlsbad Climate Action Plan Consistency Checklist
I 3, Water Heating
A. D Residential new construction
Please refer to Carlsbad Ordinance CS-437 when completing this section.
D For systems serving individual dwelling units and achieving 60% of energy needed from on-site solar or recovered energy,
choose one:
D Single 240-volt heat pump water heater AND compact hot water distribution AND Drain water heat recovery (low-
rise residential only)
D Single 240-volt heat pump water heater AND PV system .3 kWdc larger than required.
D Heat pump water heater meeting NEEA Advanced Water Heating Specification Tier 3 or higher.
D Solar water heating system with electric backup that is either .60 solar savings fraction of 40 s.f. solar collectors.
□ Gas or propane system with a solar water heating system and recirculation system
D Exception:
□ For systems serving multiple dwelling units and achieving 60% of energy needed from on-site solar or recovered energy,
install a central water-heating system with all of the following:
D Recirculation system
□ Solar water heating system that is either:
D .20 solar savings fraction
□ .15 solar savings fraction, plus drain water heat recovery
□ Exception:
B. D Nonresidential new construction
Please refer to Carlsbad Ordinance CS-437 when completing this section.
D Water heating system derives at least 40% of its energy from one of the following (attach documentation):
D Solar-thermal D Photovoltaics
D Water heating system is (choose one):
□ Heat pump water heater
D Electric resistance water heater(s)
D Solar water heating system with .40 solar savings fraction
D Exception:
P-30 Page 6 of 8
□ Recovered energy
Revised 06/22
DocuSign Envelope ID: 630182CB-3344-4748-84C0-48B75FBEF8O3
. Cit~ of Carlsbad Climate 'don Plan Consistency Checklist
I 4. Electr1c Vehicle °'8IJl!!C
A. 0 Residential -New construction and major alterations*
Please refer to Carlsbad Ordinance CS-437 when completing this section.
□ One and two-family residential dwelling alterations with no electrical panel upgrade (No EV space required)
D ADU (no EV space required when no additional parking facilities are added)
□ One and two-family residential dwelling or townhouse with attached garage:
□ One EVSE ready parking space required D Exception :
D Multi-family residential· D Exception •
Total Parking Spaces EVSESoaces
Proposed for New Capable Ready
Construction (10% of prooosedl 125% of oronnsedl
Total Proposed or Altered capable -
Spaces (Major (10% of proposed)
Alterations)**
calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number)
EVSE Installed= Total EVSE Spaces x .50 (rounded up to nearest whole number)
EVSE other= Total EVSE spaces-EVSE Installed
(EVSE other may be "capable," "Ready'' or "Installed.")
Installed Total
15% of oronnsedl
-Total
*Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation~ $60,000 or
include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit
valuation~ $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems
are proposed.
**When new parking facilities are added, or electrical systems or lighting to existing parking facilities are added or altered and the work requires a building
permit, 10% of the total number of parking spaces or altered shall be EV capable. This is NOT a CAP checklist requirement, but is included to coordinate CEC
compliance early in the planning process
B O Nonresidential new construction (includes hotels/motels) D Exception •
Total Parking Spaces EVSE Spaces
Proposed Capable Ready Installed Total
Calculation· Refer to the table below·
Total Number of Parkinl! Soaces orovided Number of reauired EV Soaces (capable) Number of reauired EVSE Installed Spaces
D 0-9 1 1
D 10-25 4 1
D 26-50 8 2
D 51-75 13 3
D 76-100 17 5
□ 101-150 25 6
□ 151-200 35 9
□ 201 and over 20 percent of total 25 percent of EV Capable
P-30 Page 7 of 8 Revised 06/22
DocuSign Envelope ID: 630182CB-3344-4748-B4C0-48875FBEF8D3
.. City of Carlsbad Climate /\ction Plan Consistency Checklist
I s. □ Transportation Demand Manapment (TOM)
A. List each proposed nonresidential use and gross floor area (GFA) allocated to each use.
8. Employee ADT/1,000 square feet is selected from the City of c.arlsbad Employee ADTTable.
Use GFA Employee ADT/1,000 S.F. Total Employee ADT
Total
If total employee ADT is greater than or equal to 110 employee ADT, a TOM plan is required.
*NOTE: Notwithstanding the 110 employee ADT threshold above, General Plan Mobility Element Policy 3-P.11 requires new development that adds vehicle traffic
to vehicle LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of c.arlsbad Land Development
Engineering (LOE) staff to determine whether this policy applies to your project.
TOM plan required: Yes D No D
LOE Staff Verification: □. _____ (staff initials)
P-30 Page 8 of 8 Revised 06/22
DocuSign Envelope ID; 630182CB-3344-4748-B4C0-48B75FBEF803
{_ City of
Carlsbad
Certificate of Accuracy
P-37
Qev<glopment Servi(_e_J__
Planning Division
1635 Faraday Avenue
, l (442) 339-2610
www.carlsbadca.gov
OCT 2 6 2023
Project Name 1675 Faraday Avenue -Lot Split
Type of permit(s) applying for Tentative Parcel Map
P-37
CITY OF CARLSBAD -PLANNING DIVISION
CERTIFICATE OF ACCURACY
I certify all documents and plans clearly and accurately show all existing and
all proposed buildings, structures, access roads, and utilities/utility
easements. All proposed land use activities, improvements to land, and/or
building modifications or additions are clearly labeled on the site plan of the
approved plan set. I understand that any potentially existing detail within
these plans inconsistent with the site plan are not approved and may be
required to be altered or removed. The submitted documents and plans show
the correct dimensions of the property, the buildings, and structures and their
setbacks from property lines and from one another, access roads/easements,
and utilities. The existing and proposed use of land and of each building as
stated is true and correct. Further, all improvements existing on the property
were completed in accordance with all regulations in existence at the time of
their construction, unless otherwise noted. All easements and other
encumbrances to development have been accurately shown and labeled as
well as all on-site grading/site preparation.
Applicant: Leslie Ragan PE Date: October 4, 2023
Page 1 of 1 Rev. 2/2022
i /t. M ~ II t
',i..'° ('.-,
~ =
Order Number: NCS-1187143-0NTl
Page Number: 1
First American Title Insurance Company
National Commercial Seivices
Jason Anderson
Iris Group DBA Modern Postcard
1675 Faraday Avenue
Carlsbad, CA 92008
Customer Reference:
Title Officer:
Phone:
Email:
Property:
11175 Azusa Court, #100
Rancho Cucamonga, CA 91730
Parcel Map -1675 Faraday Avenue -Carlsbad, CA
Kimberly Delpolito
(909)510-6202
kdelpolito@firstam.com
1675 Faraday Avenue, Carlsbad, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to
issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or
interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not
shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said Policy forms.
The printed Exceptions and Exdusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in
Exhibit A attached. The policy to be issued may contain an arbitration dause. 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
exdusive remedy of the parties. Limitations on Covered Risks applicable to the CL TA and AL TA 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 A. 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 in Exhibit A 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 pollcy and should be carefully considered.
It Is Important to note that this prellmlnary report is not a written represent.ation as to the condition of title and
may not 11st 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 facilitating the issuance of a policy of
title insurance and no liability is assumed hereby. If it is desired that liability De assumed prior to the issuance of a pol icy of title
insurance, a Binder or Commitment should be requested.
First American Title Insurance Company
Dated as of July 26, 2023 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
Subdivision Guarantee
Order Number: NCS-1187143-0NTl
Page Number: 2
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Faraday Corporate Office, LLC, a California limited partnership
The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee Simple
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2023-2024, a lien not yet due or
payable.
(Pursuant to Government Code 66493 of the State of California the Subdivision Map Act requires that
during the period from January 1 through October 1 when real property taxes are an assessed lien not yet
due and payable that a tax bond be filed with the clerk of the board of supervisors to secure payment of
said taxes. A tax bond estimate should be requested from this office at least two months prior to the date
scheduled for recordation of the map.)
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75
of the California Revenue and Taxation COde.
3. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
california Government Code for Community Facilities District No.1, as disclosed by Notice of Special
Tax Lien recorded May 20, 1991 as Instrument No. 1991-0236959 of Official Records.
Document(s) declaring modifications thereof recorded January 03, 1994 as Instrument No. 1994-
0002008 of Official Records.
4. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No.3, as disclosed by Notice of Special
Tax Lien recorded April 26, 1994 as Instrument No. 1994-0277976 of Official Records.
First American n'tle Insurance Company
Order Number: NCS-1187143-0NTl
Page Number: 3
Document(s) declaring modifications thereof recorded July 27, 1995 as Instrument No. 1995·
0322359 of Official Records.
5. The terms and provisions contained in the document entitled "certificate of Consent" recorded June
30, 1980 as Instrument No. 80-206227 of Official Records.
(Affects Both Lots)
6. The terms and provisions contained in the document entitled "Agreement Regar(lng Payment of a
Public Fadities Fee" recorded July 10, 1985 as Instrument No. 85-246091 of Official Records.
( Affects Both Lots)
7. The terms and provisions contained in the document entitled "Hold Harmless Agreement Regarding
Drainage" recorded November 03, 1986 as Instrument No. 86-501526 of Official Records.
(Affects Both Lots)
8. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in
the document recorded June 29, 1988 as Instrument No. 88-313420 of Official Records, which
provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or
deed of trust made in good faith and for value, but deleting any covenant, condition or restriction
indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status, national origin, sexual orientation, marital status, ancestry, source of income or
disability, to the extent such covenants, conditions or restrictions violate Title 42, section 3604(c), of
the United States Codes. 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.
(Affects Both Lots)
A declaration of annexation recorded December 08, 1992 as Instrument No. 1992-0786590 of Official
Records.
Document(s) declaring modifications thereof recorded September 18, 2001 as Instrument No. 2001-
0671492 of Official Records.
Document(s) declaring modifications thereof recorded February 08, 2012 as Instrument No. 2012-
0073464 of Official Records.
Document(s) declaring modifications thereof recorded August 14, 2014 as Instrument No. 2014-
0349821 of Official Records.
9. The terms and provisions contained in the document entitled "Hold Harmless Agreement Regarding
Drainage" recorded May 06, 1991 as Instrument No. 91-0208521 of Official Records.
(Affects Both Lots)
10. The terms and provisions contained in the document entitled "Agreement to Pay Bridge and
Thoroughfare Fees" recorded May 06, 1991 as Instrument No. 91-0208522 of Official Records.
First American Title Insurance Company
(Affects Both Lots)
Order Number: NCS-1187143-0NTl
Page Number: 4
11. The terms and provisions contained in the document entitled "Agreement to Pay Drainage Fees"
recorded May 06, 1991 as Instrument No. 91-0208523 of Official Records.
(Affects Both Lots)
12. The terms, provisions and easement(s) contained in the document entitled "Reciprocal Easement
Agreement'' recorded November 15, 1996 as Instrument No. 1996-0580423 of Official Records.
(Affects Lot 108)
13. The terms, provisions and easement(s) contained in the document entitled "Reciprocal Easement
Agreement'' recorded December 20, 1996 as Instrument No. 1996-0637776 of Official Records.
(Affects Lot 107)
Document(s) declaring modifications thereof recorded May 19, 1998 as Instrument No. 1998-294750
of Official Records.
14. An easement for construction, operation, repair, reconstruction and all activities necessary to
construct, reconstruct, operate, maintain and repair facilities and incidental purposes, recorded July
03, 1997 as Instrument No. 1997-0316232 of Official Records.
In Favor of: Carlsbad Municipal Water District, a public agency
Affects: As described therein
(Affects Both Lots)
15. An easement for water line and incidental purposes, recorded May 10, 2002 as Instrument No. 2002-
0400068 of Official Records.
In Favor of:
Affects:
( Affects Lot 10 7)
Carlsbad Municipal Water District, a public agency
As described therein
16. The terms and provisions contained in the document entitled "Memorandum of Agreement"
recorded April 28, 2004 as Instrument No. 2004-0376393 of Official Records.
(Affects Both Lots)
17. A Deed of Trust to secure an original indebtedness of $13,400,000.00 recorded September 26,
2022 as 2022-0375370 of Official Records.
Dated:
Truster:
Trustee:
Beneficiary:
(Affects Both Lots)
September 21, 2022
FARADAY CORPORATE OFFICE, LLC, a California limited liability
First American Title Insurance Company
JPMorgan Chase Bank, N.A.
First American Title Insurance Company
Order Number: NCS-1187143-0NTl
Page Number: 5
18. Terms and provisions of an unrecorded lease dated July 161 1998, by and between Faraday
Corporate Office, LLC, a (alifornia limited liability as lessor and The Iris Group, Inc., a (alifomia
corporation as lessee, as disclosed by a Subordination, Non-Disturbance and Attornment Agreement
recorded October 14, 2022 as 2022-0399635 of Official Records.
Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown
by the public records are not shown herein.
(Affects Both Lots)
19. Water rights, daims or title to water, whether or not shown bythe public records.
20. Rights of parties in possession.
21. This report is preparatory to the issuance of a subdivision guarantee and is intended solely for the
use of those parties directly involved in the preparation and checking of said map.
Note: Prior to issuing a subdivision guarantee, we require that a copy of the final map be provided to our
office for review at least one month prior to scheduled approval by the governing body.
A"rst American Title Insurance Company
INFORMATIONAL NOTES
Order Number: NCS-1187143-0NTl
Page Number: 6
ALERT-CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of
recording on certain transactions effective January 1, 2018. Please contact your First
American Title representative for more information on how this may affect your closing.
t. Taxes for proration purposes only for the fiscal year 2022-2023.
first Installment: $55,980.22, PAID
Second Installment: $5!5,980.22, PAID
Tax Rate Area: 091194
APN: 212-130-52-00
(Portion of Community Facilities District included)
2. According to the latest available equalized assessment roll in the office of the county tax assessor,
there is located on the land a(n) Commercial Structure known as 1675 Faraday
Avenue, Carlsbad, California.
3. According to the public records, there has been no conveyance of the land within a period of twenty
four months prior to the date of this report, except as follows:
A document recorded August 22, 2022 as Instrument No. 2022-0336489 of Official Records.
From: Stephen Hoffman Living Trust dated January 12, 2005
To: Faraday Corporate Office LLC, a California limited partnership
4. This preliminary report/commitment was prepared based upon an application for a policy of title
insurance that identified land by street address or assessor's parcel number only. It is the
responsibility of the applicant to determine whether the land referred to herein is in fact the land that
is to be described in the policy or policies to be issued.
5. Should this report be used to facilitate your transaction, we must be provided with the following prior
to the issuance of the policy:
A. WITH RESPECT TO A LIMITED LIABILITY COMPANY:
1. A copy of its operating agreement and any amendments thereto;
2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1)
and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
articles of organization (LLC-10) to be recorded in the public records;
3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5)
to be recorded in the public records;
4. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, such document or instrument must be
executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such documents must be executed by
at least two duly elected or appointed officers, as follows: the chairman of the board, the
president or any vice president, and any secretary, assistant secretary, the chief financial
officer or any assistant treasurer;
First AmenCan Title Insurance Company
Order Number: NCS-1187143-0NTl
Page Number: 7
(ii) If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duty elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one
manager if the limited liability company properly operates with the existence of only one
manager.
5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
6. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title
Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on
this map except to the extent coverage for such loss or damage is expressly provided by the terms and
provisions of the title insurance policy, if any, to which this map is attached.
First American Title Insurance Company
LEGAL DESCRIPTION
Order Number: NCS-1187143-0NTl
Page Number: 8
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
TENTAlNE PARCEL MAP NO. (TO FOLLOW), BEING A SUBDIVISION OF THE FOLLOWING:
PARCEL A:
LOTS 107 AND lllll OF CARLSBAD TRACT NO. 85-24 UNIT 5 CARLSBAD RESEARCH CENIBR, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO NAP THEREOF
NO. 12815, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 16, 1991.
THE LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A CERTIFICATE OF
COMPLIANCE FOR ADJUSTMENT PLAT, RECORDED DECEMBER 14, 2001 AS INSTRUMENT NO. 2001-
0922023 OF OFFICIAL RECORDS.
PARCEL B:
A NON-EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN ACCESS, INGRESS AND EGRESS,
OVER, ALONG AND ACROSS THE EASTERLY 200.00 FEET OF THE SOUTHERLY 15.00 FEET OF LOT 106
OF CARLSBAD TRACT NO. 85-24 UNIT 5 CARLSBAD RESEARCH CENTER, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12815, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 16, 1991.
APN: 121-130-52-00 (for informational purposes only)
First American Title Insurance Company
NOTICE
Order Number: NCS-1187143-0NTl
Page Number: 9
Section 12413.1 of the california Insurance Cocle, effective January 1, 1990, requires that any title insurance company, underwritten title company, or
controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording
any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day
as deposit. In the case of cashiers checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid urmecessary delays of
three to seven days, or more, please use wire transfer, cashier·s checks, or certified checks whenever possible.
lf you have any questions about the effect of this new law, please contact your local First American Office for more details.
Ai-st American Title Insurance Company
Privacy Policy
We Are Committed to Safeguarding Customer Information
Order Number: NCS-1187143-ONTl
Page Number: 10
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information -
particularly any personal or financial information. We agree that you have a right to know how we will
utilize the personal information you provide to us. Therefore, together with our parent company, The
First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your
personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the
manner in which we may use information we have obtained from any other source, such as information
obtained from a public record or from another person or entity. First American has also adopted broader
guidelines that govern our use of personal information regardless of its source. First American calls these
guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that
we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether
in writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested of us; or (2) as permitted by law.
We may, however, store such information indefinitely, including the period after which any customer
relationship has ceased. Such information may be used for any internal purpose, such as quality control
efforts or customer analysis. We may also provide all of the types of nonpublic personal information
listed above to one or more of our affiliated companies. Such affiliated companies include financial
service providers, such as title insurers, property and casualty insurers, and trust and investment advisory
companies, or companies involved in real estate services, such as appraisal companies, home warranty
companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above, to companies that perform marketing services on our behalf, on behalf of our affiliated
companies, or to other financial institutions with whom we or our affiliated companies have joint
marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and security
We will use our best efforts to ensure that no unauthorized parties have access to any of your
information. We restrict access to nonpublic personal information about you to those individuals and
entities who need to know that information to provide products or services to you. We will use our best
efforts to train and oversee our employees and agents to ensure that your information will be handled
responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We
currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to
guard your nonpublic personal information.
Hrst American Title Insurance Company
Order Number: NCS-1187143-0NTl
Page Number: 11
CL TA/ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building; (d) impmvements on the Land;
(b) zoning; (e) ~ division; and
{c) land use; (f) erwironmental protection.
Th~ Exclusion does not Hmit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part: of them, to be constructed in accordaOO? with applicable building rodes. This
Exclusion does not limit the coverage described1n Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
(c) that result in no loss to You; or
(d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
(a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
(b) in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the lltle to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal
bankruptcy, state insolvency, or similar creditors' rights laws.
UMJTATIONS 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.
Your Deductible Amount
Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less)
Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less)
Our Maximum Dollar
Limit Qf Llablllty
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any \aw or government regulation. This includes building and
zoning ordinances and also laws and regulations concerning:
(a) and use
(b) improvements on the land
(c) and division
(d) environmental protection
This exclusion does not apply to violations or the enforcement of ttiese matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described 1n Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
(a) a notice of exercising the right appears in the public records on the Policy Dat.e
(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Tttle Risks:
(a) that are created, allowed, or agreed to by you
First American Title Insurance Company
Order Number: NCS-1187143-0NTl
Page Number: 12
(b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
(c) that result in no loss to you
(d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered
ntle Risks
4. Failure to pay value for your title.
5. Lack of a right:
(a) to any land outside the area specificaHy described and referred to in Item 3 of Schedule A OR
(b) in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
2006 ALTA LOAN POUCY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay-loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or
limit the coverage provided under Covered Risk 5.
b. Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Oaimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 13, or 14); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceabi!ity in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insotvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exdusion does not modify or limit 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
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason
of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments,
or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the
Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and not shown by the Public Records.
A"rst American Title Insurance Company
Order Number: NCS-1187143-0NTl
Page Number: 13
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including thoge relating to building and zoning) restricting_, regulating,
prohibiting, or relating to
1. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or
limit the coverage provided under Covered Risk 5.
b.Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse daims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Oaimant and not
disclosed in writing to the Company by the Insured Oaimant prior to the date the Insured Oaimant 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 10); or
e. resulting in loss or damage that would not have been sustained 1f the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
a. a fraudulent conveyance or fraudulent transfer; or
b. a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown
in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason
of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments,
or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the
Land or that may be asserted by persons in possession of the Land.
3. Easements, Bens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatentecl mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
First American Title Insurance Company
Order Number: NCS-1187143-0NTl
Page Number: 14
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or locatmn of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of ,these laws, ordinances, or governmental regulations. This Exclusion l{a) does not modffr or
limit the coverage provided u!Uler Covered Risk 5, 6, 13(c), 13(d), 14 or lti.
b. Any govemmental police powttr. Tllis Exclusion l(b) does not modify or limtt the coverage provided under Covered R~ 5, 6,
13(c), 13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the o:iverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
a. created, suffered, assumed, or agreed to by the Insured Claimant;
b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Oaimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
c. resulting in no loss or damage to the Insured Oaimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceab1lity in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not
modify or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made
after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by
this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent
to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk U(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in
accordance with applicable building codes. This Exclusion does not modify or limit the coverage proVided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, st.ate insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
a. a fraudulent conveyance or fraudulent transfer, or
b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
A'"rst American Title Insurance Company