HomeMy WebLinkAboutMP 10-01B; QUARRY CREEK MINOR MASTER PLAN AMENDMENT; Master Plan (MP){_ City of
Carlsbad
APPLICATIONS APPLIED FOR: (CHECK BOXES)
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Development Permfts (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY)
D Coastal Development Permit (') D Minor
D Conditional Use Permit (*)
0 Minor D Extension
D Day Care (Large)
D Environmental Impact Assessment
D Habitat Management Permit D Minor
D Hillside Development Permit (') D Minor
D Nonconforming Construction Permit
D Planned Development Permit D Minor
D Residential D Non-Residential
D Planning Commission Determination
D Reasonable Accommodation
D Site Development Plan
D Special Use Permit
D Minor
D Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
0 Variance D Minor
0 General Plan Amendment
0 Local Coastal Program Amendment (')
D Master Plan
0 Specific Plan
D Zone Change(')
[ii Amendment
0 Amendment
D Zone Coda Amendment
South Carlsbad Coastal Review Area Permits
D Review Permit
D Administrative D Minor O Major
Village Review Area Permits
D Review Permit
0 Administratlve D Minor D Major
(•J = eligible for 25% discount
1'&01r1
B
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST Bl: SUBMITTED PR!OR TO 4:00 P.M.
ASSESSOR PARCEL NO(S).. 167-040-11 & 167-040-21 --------------------------
PROJECT NAME: Quarry Creek Minor Master Plan Amendment
BRIEF DESCRIPTION OF PROJECT: Master Plan Amendment to modify certain development standards
BRIEF LEGAL DESCRIPTION· Lots 1 through 15 inclusive of Carlsbad Tract CT 11-04 in the City of Carlsbad according to Map No. 16038.
LOCATION OF PROJECT: 0N-'/'-A'------------~=====~------------STREET ADDRESS
ON THE: South
(NORTH, SOUTH, EAST, WEST)
BETWEEN College Blvd.
(NAME OF STREET)
P-1
SIDE OF Haymar
(NAME OF STREET)
AND El Camino Real
(NAME OF STREET}
Page 1 of6 Revised 07115
~lOOL\S
,
OWNER NAME
(Print): Presidio Cornerstone QC, LLC
MAILING ADDRESS: 4365 Executive Dr., Suite 600
CITY, STATE, ZIP: San Diego, CA 92121
TELEPHONE: (858) 458-9700 ~-------------EM A IL ADDRESS: jrobson@cornerstonecommunilies.com
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT Al.t THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOW Ji,DG~J CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS
SET F0!l1TI( ~EIN IS MY AUTHORIZED REPRESENTATIVE FOR
PURP SES v,_.,,, APPL!CATION.
SIGNATUm: DATE '
APPLICANT NAME (Print): Presidio Cornerstone QC, LLC
MAILING ADDRESS: 4365 Executive Dr., Suite 600
CITY, STATE, ZIP: San Diego, CA 92121
TELEPHONE: (858) 458-9700 -'-----'-------------EM A IL ADDRESS: jrobson@cornerstonecommunities.com
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT All THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE B ~T o;,.~!..;~_mwLEDGE
/) '
SIGNA
APPLICANT'S REPRESENTATIVE (Print): Paul J. Klukas; PLANNING SYSTEMS ------------------------------MA I LING ADDRESS: 1530 Faraday Ave. #100
CITY, STATE, ZIP: Carlsbad, CA 92008
TELEPHONE: (760) 931-0780 x104
EMAIL ADDRESS: pklukas@planningsystems.net
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE
INFO~ION IS TRUE AND CORRECT TO THE BEST OF MY
KNO u~ /DII/I.>
SIGNATlJR~ DATE '
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. INVE 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 APPUCANT. NOTICE OF RESTRICTIONS RUN WITH
THE LA AND BIND ANY SUCCESSORS IN INTEREST.
li,w'i')WVl-
PROPERTY OWNER SIGNATURE
FOR CITY USE ONLY
P-1 Page 2of 6
DAT
RECE!\/ED
OCT 2 0 2015
RECEIVED BY:
Revised 07115
EIVED
{ City of
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 Ure R. Kretowicz Corp/Part Presidio Cornerstone QC, LLC
Title Manager Title_O_w_nc.e:.;r ___________ _
Address 4365 Executive Dr., #600 Address 4365 Executive Dr., #600
San Diego, CA 92121 San Diego, CA 92121
OWNER (Not 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 Ure R. Kretiwicz
Title Manager
Address 4365 Executive Dr. #600
San Diego, CA 92121
corp/Part Presidio Cornerstone QC, LLC
Title Owner
Address 4365 Executive Dr., #600
San Diego, CA 92121
Page 1 of2 Revised 07/10
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non~
profit organization or as trustee or beneficiary of the.
Non ProfitrTrust________ Non ProfitfTrust _________ _
Title __________ _ Title ____________ _
Address __________ _ Address ____________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes I/I No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
all the above information is true and correct the best of my knowledge .
•
Signature of owner/date
Ure R. Kretowicz, Manager
Print or type name of owner
• Signature of applicant/date
Ure R. Kretowicz, Manager
Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page 2 of 2 Revised 07110
•
( City of
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
[ii The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
D The development project and any alternatives proposed in this application are contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name• Presidio Cornerstone QC, LLC
AddressA365 Executive Dr., Suite 600
San Diego, CA 92121
PROPERTY OWNER
N Presidio Cornerstone QC, LLC ame:. _________ _
Address: 365 Executive Dr., Suite 600
San Diego, CA 92121
Phone Nomber (858) 458-9700 Phone Number (858) 458-9700
Address of Site• Quarry Creek Master Plan property
Local Agency (City and County)c._C_i~ty~o_f_C_a_r_ls_b_a_d _____________ _
Assessor's book, page, aod parcel oumber• 167 -040-11 & 167 -040-21
Specify list(s)c Not identified on attached list
Regulatory Identification Number• _____________________ _
Oat f List: _______________ -.'~-----------
App Proper
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 inforrnatio11 about the location of hazardous materials release sites.
P-1(C) Page 1 of 2 Revised 02113
{ City of
Carlsbad
PROJECT DESCRIPTION
P-1 (B)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
PROJECT NAME Quarry Creek Minor Master Plan Amendment
APPLICANT NAME: Presidio Cornerstone QC, LLC
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet !f necessary.
Description/Explanation:
The proposed project involves application for approval of a Minor Master Plan Amendment to
revise text to accomplish the following:
1. Alf ow single family units on PA R-4 to no less than 3,100 sf;
2. Allow Community Wall option of slump block with slurry-coat;
3. Public parking for El Saito Falls alternative at Haymar and PA R-1 entry drive;
4. Indicate unit count changes on the Master Plan Unit Accounting Table.
P-1(B) Page 1 of 1 Revised 07/10
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed: ID { 'izO I I ':, (To be completed by City)
Application Number(s): M P I D -0 I (5 )
General Information
1.
2.
3.
4.
5.
6
7.
8.
9.
Name of project: Quarry Creek Minor Master Plan Amendment
Name of developer or project sponsor: Presidio Cornerstone QC, LLC
Address: 4365 Executive Dr., Suite 600
City, State, Zip Code: Carlsbad, CA 92121
Phone Number: (858} 458-9700
Paul Klukas Name of person to be contacted concerning this project: ___________ _
Address: 1530 Faraday Ave. #100
City, Stale, Zip Code: Carlsbad, CA 92008
Phone Number: (760} 931-0780
Address of Project: _N_o_n_e ___________________ _
Assessor's Parcel Number 167-040-11 & 167 -040-21
List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
Site development plan permits
Existing General Plan Land Use Designation: RH, RMH, CF & OS
Existing zoning district: _P_-_c ___________________ _
Existing land use(s): Vacant, mass graded
Proposed use of site (Project for which this form is filed): ___________ _
Planned community
Project Description
10. Site size: _1_5_6_a_c_r_e_S ____________________ _
11.
12:
13.
14.
P-1(0)
Proposed Building square footage: _N_/_A ________________ _
Number of floors of construction: _N_/_A ________ _ ------------
Amount of off-street parking provided: _N_/_A _______________ _
Associated projects: _N_/_A ____________________ _
Page 2 of 4 Revised 07110
15. If residential, include the number of units and schedule of unit sizes: _________ _
N/A. Master Plan Amendment only.
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: ____________________ _
N/A
17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _
N/A
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project _______ _
N/A
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: ___________________ _
None
P-1(0) Page3of4 Revised 07110
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or
roads.
22. Change in pattern, scale or character of general area of project.
23. Significant amounts of solid waste or litter.
24. Change in dust, ash, smoke, fumes or odors in vicinity.
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or
alteration of existing drainage patterns.
26, Substantial change in existing noise or vibration levels in the vicinity.
27. Site on filled land or on slope of 10 percent or more.
28. Use of disposal of potentially hazardous materials, such as toxic substances,
flammables or e~plosives.
29. Substantial change in demand for municipal services (police, fire, water, sewage,
etc.).
30. Substantially increase fossil fuel consumption (electricity, oll, natural gas, etc.).
31. Relationship to a larger project or series of projects.
Environmental Setting
Attach sheets that include a response to the following questions:
Yes No
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
□ 0
32. Describe the project site as lt exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted.
33. Describe the surrounding properties, including information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation lo the best of my ability, and that the facts, statemenls, and
information presented are true and correct to the best of my kniedge and belief.
Date: IO(>-/ i r Signature: CVv-, 1 ~
For: Planning Systems; Agent tor Presidio Cornerstone QC, LLC
P-1{D) Page 4 or 4 Revised 07110
ATTACHMENT TO CORNERSTONE QUARRY CREEK MPA EIA~PART I
32. Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site.
The subject site is a previously-graded site, graded in accordance with the approved Quarry
Creek Master Plan and approved subdivision. The soil is considered stable. No substantive
vegetation growth occurs on the developable portions of the property. Open space areas are
characterized by primarily coastal sage scrub and riparian habitats (Buena Vista Creek) Ultimate
development of the site in accordance with the Quarry Creek Master Plan (as amended) will
avoid any development within the open space areas. No cultural, historical or scenic features
exist on the developable portion of the site.
33. Describe the surrounding properties, including information on plonts and animols and any
cultural historical or scenic aspects. Indicate the type of /ond use (residential, commercial, etc.},
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.
The subject property is located south of Haymar Drive, generally between College Blvd. and El
Camino Real. Property to the north is developed with existing Hwy 78. Property to the east is
developed with the existing Quarry Creek shopping center. To the south is the Calavera Hills
development of single family and multi-family homes. To the west is permanent open space.
{_ City of
Carlsbad
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1 (E)
PLEASE NOTE:
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Time limits on the processing of discretionary projects established by state law do not start until a
project application is deemed complete by the City. The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete. Within 30 days of
submittal of this application you will receive a letter stating whether this application is complete or
incomplete. If it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion letter.
If you have any questions reg rding application submittal requirements (i.e., clarification
regarding a specific requiremen br w er all requirements are necessary for your particular
application) please call (760) 60 461...___..,.
•
Applicant Signature:
Staff Signature:
Date:
(\
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Revised 07/10
Cl TA Preliminary Report Form
(Rev. 11/06)
Order Number: U-4768557 (06)
Page Number: 1
Update #3 (amended
8-3-2015)
First American Title
First American Title Company
Customer Reference:
Order Number:
litle Officer:
Phone:
Fax No.:
E-Mail:
Escrow Officer:
Phone:
Fax No.:
E-Mail:
E-Mail Loan Documents to:
Buyer:
Borrower:
4380 La Jolla Village Dr, Suite 200
San Diego, CA 92122
Quarry Creek
U-4768557 (06)
Dianne Livingston
(858)410-1303
(714)913-6750
dslivingston@firstam.com
Karen Hagen
(858)202-5675
(888)302-8627
khagen@firstam.com
Ivyedocs2.ca@firstam.com
Presidio Cornerstone QC, LLC
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 Insur;mce describing the land and the estate or Interest therein
hereinatter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance l"Klt 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 roverage 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 clause. When the Amount of Insurance is fess than that set forth in the
arbitration da1.1Se, all arbltrabfe matters shall be arbitrated at the option of either the Cmnpany or the Insured as the exc/llSive remedy of the
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies ofTrtle Insurance which establish a Deductible
Amount and a Maximum Dollar Limit of Liability for certain roverages 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 ;md 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 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.
Ai-st Amen'cim Tlt/e
Order Number: LJ-4768557 (06)
Page Number: 2
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 i"ability t>e assumed prior to the issuance of a policy of title insurance, a
Binder or Commitment should be requested.
A"rst Amen"can Tltle
Dated as of 7-16-2015 at 7:30 A.M.
Order Number: LJ-4768557 (06)
Page Number: 3
Toe form of Policy of title insurance contemplated by this report is:
TO BE DETERMINED
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:
PRESIDIO CORNERSTONE QC, LLC, A DELAWARE LIMITED LIABILI1Y COMPANY
Toe estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
Toe Land referred to herein is described as follows:
(See attadled 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 2015-2016, a lien not yet due or
payable.
2. Toe land lies within the boundaries of proposed community facilities District No. 1, as disclosed
by a map filed June 24, 2013 in Instrument No. 2013-0394404 of maps of assessment and
community facilities districts.
Document(s) declaring modifications thereof recorded June 24, 2013 as Instrument No. 2013-
0394405 of Official Records.
3. Toe lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
4. An easement for public road and incidental purposes, recorded February 17, 1897 in Book 257,
Page 247 of Deeds.
In Favor of: Toe County of San Diego
Affects: As described therein
Toe location of the easement cannot be detennined from record formation.
5. An easement for either or both pole lines, underground conduits and incidental purposes,
recorded February 11, 1911 in Book 511, Page 235 of Deeds.
In Favor of: Pacific Telephone and Telegraph Company
First American 77tle
Affects: As described therein
Order Number: LJ-4768557 (06)
Page Number: 4
The location of the easement cannot be determined from record infonnation.
6. An easement for poles and incidental purposes, recorded March 4, 1911 in Book 509, Page 267
of Deeds.
In Favor of: Toe Pacific Telephone and Telegraph Company
Affects: As described therein
Toe location of the easement cannot be determined from record information.
7. An easement for either or both pole lines, underground conduits and incidental purposes,
recorded May 11, 1949 as Book 3200 Page 449 of Official Records.
In Favor of: San Diego Gas and Electric Company
Affects: Portions of Lot 2 and 13
8. An easement for a line of poles with wires and all necessary and proper guys, anchorage,
crossanns, braces and other fixtures for use in connection therewith and incidental purposes,
recorded July 18, 1960 as Instrument No. 144668 of Official Records.
In Favor of: San Diego Gas and Electric Company
Affects: Portion of Lot 2
A portion of the above easement was quitclaimed by instrument recorded April 20, 2015
as Instrument No. 2015-0188099 of Official Records.
9. An easement for sewer pipe line and incidental purposes, recorded April 20, 1961 as Instrument
No. 68841 of Official Records.
In Favor of: Toe City of Oceanside
Affects: Portion of Lot 1 and 13
10. Abutter's rights of ingress and egress to or from the highway, adjacent thereto have been
relinquished in the document recorded November 13, 1964 as Instrument No. 206558 of Official
Records.
Affects a portion of Lot 6
11. Abutter's rights of ingress and egress to or from the highway, adjacent thereto have been
relinquished in the document recorded March 29, 1968 as Instrument No. 53001 of Official
Records.
12. An easement for landscape and drainage maintenance and for slope stabilization, including but
not limited to erosion control and incidental purposes, recorded March 7, 1986 as Instrument No.
86-090570 of Official Records.
In Favor of: Treetops Unlimited, a joint venture
Affects: Portion oflot 13
Ai-st Amen'can 77tle
Order Number: LJ-4768557 (06)
Page Number: 5
13. An easement for street and incidental purposes, recorded March 25, 1986 as Instrument No. 86-
114088 of Official Records.
In Favor of: City of Carlsbad
Affects: Portion of Lot 15
14. The terms and provisions contained in the document entitled "Grant of Perpetual Slope Easement
and Temporary Construction Easement" recorded June 23, 2003 as Instrument No. 2003-
0739971 of Official Records.
The location of the easement cannot be determined from record information.
15. Covenants, conditions, restrictions and easements in the document recorded March 14, 2011
as Instrument No. 2011-0135700 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, sexual orientation, familial status, disability,
handicap, national origin, genetic information, gender, gender identity, gender expression, source
of income (as defined in California Government Code § 12955 (p)) or ancestry, to the extent such
covenants, conditions or restrictions violate 42 U.S.C. § 3604(c), or California Government Code§
12955. 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.
16. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded April 4, 2011 as Instrument No. 2011-0172077 of Official Records.
17. The terms and provisions contained in the document entitled "Permanent Stormwater Quality
Best Management Practice Maintenance Agreement" recorded July 7, 2011 as Instrument No.
2011-0344518 of Official Records.
18. The terms and provisions contained in the document entitled "Hold Harmless Agreement
(Geological Failure)" recorded July 21, 2011 as Instrument No. 2011-0371076 of Official Records.
19. The terms and provisions contained in the document entitled "Hold Harmless Agreement
(Drainage)" recorded July 21, 2011 as Instrument No. 2011-0371077 of Official Records.
20. The terms and provisions contained in the document entitled "Levee Maintenance Agreement"
recorded July 21, 2011 as Instrument No. 2011-0371083 of Official Records.
21. Toe terms and provisions contained in the document entitled "Encroachment Removal Agreement
(Proposed Encroachment on Right-of-Way)" recorded July 27, 2011 as Instrument No. 2011-
0382141 of Official Records.
The location of the easement cannot be determined from record information.
First Amen'can Tlt/e
Order Number: LJ-4768557 (06)
Page Number: 6
22. Covenants, conditions, restrictions and easements in the document recorded August 25, 2011
as Instrument No. 2011-0439455 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, sexual orientation, familial status, disability,
handicap, national origin, genetic information, gender, gender identity, gender expression, source
of income (as defined in California Government Code § 12955 (p)) or ancestry, to the extent such
covenants, conditions or restrictions violate 42 U.S.C. § 3604(c), or california Government Code§
12955. 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.
23. A Deed of Trust to secure an original indebtedness of $28,000,000.00 recorded March 30,
2015 as Instrument No. 2015-0150823 of Official Records.
Dated: March 24, 2015
Trustor:
Trustee:
Beneficiary:
Presidio Cornerstone QC, LLC, a Delaware limited liability
company
Farmers and Merchants Trust Company of long Beach
Farmers & Merchants Bank of Long Beach, a California
corporation
The above deed of trust states that it is a construction deed of trust.
A document entitled "Absolute Assignment of leases, Lease Guaranties, Rents, Issues and
Profits" recorded March 30, 2015 as Instrument No. 2015-0150824 of Official Records, as
additional security for the payment of the indebtedness secured by the deed of trust
recorded March 30, 2015 as Instrument No. 2015-0150823 of Official Records.
24. Any statutory lien for labor or materials arising by reason of a work of improvement, as disclosed
by a document recorded March 30, 2015 as Instrument No. 2015-0150823 of Official Records.
25. A financing statement recorded March 30, 2015 as Instrument No. 2015-0150825 of Official
Records.
Debtor: Presidio Cornerstone QC, llC
Secured party: Farmers & Merchants Bank of long Beach
26. The terms and provisions contained in the doOJment entitled Affordable Housing Agreement
Imposing Restrictions on Real Property recorded May 11, 2015 as Instrument No. 2015-0233607
of Official Records.
27. Covenants, conditions, restrictions and easements in the document recorded April 17,
2015 as Instrument No. 2015-0185520 of Official Records, but deleting 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, source of income (as defined in californla
Government Code § 12955 (p)) or ancestry, to the extent such covenants, conditions or
restrictions violate 42 U.S.C. § 3604(c), or California Government Code§ 12955. 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.
First Amedcan ntle
Order Number: LJ-4768557 (06)
Page Number: 7
28. Toe terms and provisions contained in the document entitled Hold Harmless Agreement Drainage
recorded May 20, 2015 as Instrument No. 2015-0257114 of Official Records.
29. The terms and provisions contained in the document entitled Permanent Stormwater Quality Best
Management Practice Maintenance Agreement recorded May 20, 2015 as Instrument No. 2015-
0257115 of Official Records.
30. Toe terms and provisions contained in the document entitled Hold Harmless Agreement
Geological Failure recorded May 20, 2015 as Instrument No. 2015-0257116 of Official Records.
31. The terms and provisions contained in the document entitled Local Improvement District
Agreement recorded May 20, 2015 as Instrument No. 2015-0257117 of Official Records.
32. Any and all offers of dedication, conditions, restrictions, easements, fenceline/boundary
discrepancies, notes and/or provisions shown or disclosed by the filed or recorded map referred
to in the legal description.
33. An easement shown or dedicated on the Map as referred to in the legal description
For: Cross-Lot drainage of Lot 2 for the benefit of Lot 1 and
incidental purposes.
34. A Private easement shown or dedicated on the Map as referred to in the legal description
For: Tribal Access and incidental purposes.
35. An easement shown or dedicated on the Map as referred to in the legal description
For: Levee Maintenance over portions of Lots 1, 2 and 12 for the
benefit of the HOA and incidental purposes.
36. An easement shown or dedicated on the Map as referred to in the legal description
For: Maintenance of landscaping, storm water BMP facilities over
portions of Lot 1, 2 and 7 for the benefit of the HOA and
incidental purposes.
37. An easement shown or dedicated on the Map as referred to in the legal description
For: General Utitlity and access over portions of Lots 1, 2, 14 and
15 and incidental purposes.
38. An easement shown or dedicated on the Map as referred to in the legal description
For: General Utility and emergency access over a portion of Lot
4 and incidental purposes.
39. An easement shown or dedicated on the Map as referred to in the legal description
For: Maintenance Easement of portions of Lots 12 and 13 and
incidental purposes.
40. An easement shown or dedicated on the Map as referred to in the legal description
For: Storm drain easements over portion of Lots 6, 8, 9 and 14 and
incidental purposes.
Rrst Amentan Title
Order Number: U-4768557 (06)
Page Number: 8
41. An easement shown or dedicated on the Map as referred to in the legal description
For: Sewer easement over a portion of Lot 5 and incidental purposes.
42. An easement shown or dedicated on the Map as referred to in the legal description
For: to the Carlsbad Municipal Water District, water easements over
portions of Lot 1 and 14 and incidental purposes.
43. An easement shown or dedicated on the Map as referred to in the legal description
For: Sight Visability over portions of Lots 2, 5, 8 and 9 and incidental
purposes.
44. An easement shown or dedicated on the Map as referred to in the legal description
For: Pedestrian Trail over portions of Lots 1, 2, 3, 9, 11, 14 and
15 and incidental purposes.
45. An easement shown or dedicated on the Map as referred to in the legal description
For: Pedestrian and vehicular access over a portion of Lot 10 to the
City of Carlsbad and incidental purposes.
46. An easement shown or dedicated on the Map as referred to in the legal description
For: Open Space over, upon, across and under all of Lots 5, 8, 9, 10,
11, 12, 13 and 14 and a portion of Lot 15 in favor of the City of
carlsbad and incidental purposes.
47. An easement for Flood control and levee access and incidental purposes, recorded July 7, 2015
as Instrument No. 20150354040 of Official Records.
In Favor of: City of carlsbad, a municipal Corporation
Affects: as shown therein
48. The terms and provisions contained in the document entitled Street Maintenance Agreement
executed by and between Presidio Cornerstone QC, LLC, a Delaware Limited Liability
company and City of Carlsbad recorded July 7, 2015 as 20150354041 of Official Records.
49. Rights of parties in possession.
Prior to the issuance of any policy of title insurance, the Company will require:
First Amen'can Tttle
Order Number: U-4768557 (06)
Page Number: 9
50. With respect to Presidio Cornerstone QC, llC, a Delaware limited liability company:
a. A copy of its operating agreement and any amendments thereto;
b. If it is a California limited liability company, that 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) be recorded in the public records;
c. If it is a foreign limited liability company, that a certified copy of its application for registration
(LLC-5) be recorded in the public records;
d. 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, that such document or instrument 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 document must be executed by at
least two duly elected or appointed officers, as follows: the chairman of the board, tile president
or any vice president, and any secretary, assistant secretary, the chief financial officer or any
assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly 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.
e. other requirements which the Company may impose following its review of the material
required herein and otiler information which the Company may require
A'rst Amen'can 77tle
Order Number: U-4768557 (06)
Page Number: 10
INFORMATIONAL NOTES ---
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable 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. If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
1. No known matters otherwise appropriate to be shown have been deleted from this report, which
is not a policy of title insurance but a report to facilitate the issuance of a policy of title insurance.
For purposes of policy issuance, items (none) may be eliminated on the basis of an indemnity
agreement or other agreement satisfactory to the Company as insurer.
2. General and special taxes and assessments for the fiscal year 2014-2015.
Rrst Installment: $3,489.49, PAID WITH PENALTY
Penalty: $348.95
Second Installment: $3,489.49, PAID WITH PENALTY
Penalty: $358. 95
Tax Rate Area:
A. P. No.:
09014
167-040-11-00
3. Supplemental taxes for the year 2014-2015 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the california Revenue and Taxation Code.
First Installment: $18,521.58, OPEN
Penalty: $1,852.16
Second Installment: $18,521.58, OPEN
Penalty: $1,852.16
Tax Rate Area:
A. P. No.:
09014
167-040-11-00
4. General and special taxes and assessments for the fiscal year 2014-2015.
First Installment: $9,054.78, PAID WITH PENALTY
Penalty: $905.48
Second Installment: $9,054.78, PAID WITH PENALTY
Penalty: $915.48
Tax Rate Area: 09014
A. P. No.: 167-040-21-00
5. Supplemental taxes for the year 2014-2015 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the california Revenue and Taxation Code.
First Installment: $119,575.60, OPEN
Penalty: $11,957.56
Second Installment: $119,575.60, OPEN
A'rst Amen'can Tltle
Penalty:
Tax Rate Area:
A. P. No.:
$11,957.56
09014
167-040-21-00
6. The property covered by this report is vacant land.
Order Number: U-4768557 (06)
Page Number: 11
7. 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:
None
8. It appears that a work of improvement is in progress or recently completed on the land. The
Company will require various documents and infonnation, including but not limited to a
completed mechanics' lien risk analysis, construction contract(s), lien waivers, loan agreement,
disbursement information, executed indemnity agreement and current financial information from
proposed indemnitors, in order to determine whether mechanics' lien insurance can be issued.
Other requirements may be made following the review of such documents and information.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
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.
A'rst AmenCan ntte
Order Number: U-4768557 (06)
Page Number: 12
LEGAL DESCRIPTION
Real property in the City of carlsbad, County of San Diego, State of California, described as
follows:
LOTS 1 THROUGH 15, INCLUSIVE OF THE CARLSBAD lRACT CT 11-04, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCODRDING TO MAP THEREOF
NO. 16038, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, JULY 10,
2015.
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance
company, undeiwritten 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 cashier's checks or certified checks, funds may be disbursed the next day
after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
Ai'st Amedcan Title
EXHIBIT A
Order Number: U-4768557 (06)
Page Number: 13
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
CL TA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)
EXCLUSIONS
In addition to the Exceptions in Sctiedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the exlstl:!nce or violation of those portions of any law or government regulation concerning:
(a) building;
(b) ioning;
(c) land use;
(d) improvements on the Land;
(e) land division; and
(f) environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion
does not limit the coverage described in covered Risk 14 or 15.
3. The right to take the Land by condemning It. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
(c) that result in no loss to You; or
(d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
(a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
(bl in streets, alleys, or waterways that touct, the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the TrUe 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.
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.
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)
Oyr Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000,00
ALTA RESIDENTIAL TITLE INSURANCE POUCY (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 law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
(a) ~nd use
(b) improvements on the land
(c) and division
(d) environmental protection
This exclusion does not apply to vioratIons or the enforcement of these matters which appear in the public records at Policy Date.
First Amentan Title
Order Number: U-4768557 (06)
Page Number: 14
This exdusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to t;ike the land by condemning it, unless:
(a) a notice of exercising the rigtt appears in the public records on the Policy Date
(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. Title Risks:
(<1) that are created, allowed, or ;igreed to by you
(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 arid material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
(a) to any land outside the are;i specifically described and referred to in Item 3 of Schedule A OR
(b) in streets, alleys, or waterways that touch your land
This exdusion does not limit the access coverage in Item 5 of covered Title Risks.
2006AlTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the cover;ige of this policy, and the Company will not pay loss or dam;ige, costs, attorneys'
fees, or expenses that arise by re;ison of:
1. (a) Any law, ordinance, permit, or governmental regul;ition (including those relating to building and zoning) restricting, regulating,
protiibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the ch;iracter, 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 governmerital 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 cmerage 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 Oairnant;
(b) not Known to the company, not recorded in the Public Records at D<lte of Policy, but Known to the Insured O;iimant and not disclosed
in writing to t:he Company by the Insured Claimant prior to the date t:he Insured Claimant became an Insured under this policy;
(c) resulting in no loss or d;image to the Insured Claim;int;
(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 dam;ige that would not have been sustained if the Insured Oaimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the in;ibility or failure of an Insured to comply with applicable doing-
business laws of t:t,e state where the Land is situated.
5. Invalidity or unenforceabll1ty in whole or 1n part of the lien of the Insured Mortgage that anses out of the tranSc1ction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the tranSc1ction creating
the lien of the Insured Mortgage, is
(a) a fraudu~nt conveyance or fraudulent transfer, or
(b) a preferenti;il 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 ;issessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the Insured Mortg;ige In the Public Records. This Exclusion does not modify or limit the cover;ige
provided under Covered Risk 11(b).
The above policy form may be issued to ;ifford either Standard Coverage or Extended Coverage. In addition to the above Exdusions from
Coveri!ge, the Exceptions from Coverage in ;i Standard Coverage policy will also include the following Exceptions from coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (;ind the Company will not p;iy cost5, <lttorneys' 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 ;iuthonty th;it levies taxes or assessments on real
property or by the Public Records; (bl proceedinqs by a public agency that may result in taxes or assessments, or notices of such
Aist AmenCan Title
Order Number: U-4768557 (06)
Page Number: 15
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, vatiation, or adverse circumstance affecting the Tltle that would be discOsed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reserv<1tions or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, daims
or tiUe to water, whether or not the matters excepted under (a), (bl, 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 POU CY (06-17·06)
EXCLUSIONS FROM COVERAGE
Toe 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 relatil)Q to bulkling and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(11) 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 RJsk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. RJghts of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered RJsk 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 0<1imant became an Insured under this policy;
(c) resulting in no loss or d<1mage to the Insured Claimant;
(d) attiching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered RJsk 9 or
10); or
(e) resulting in loss or damage that woukl not have been sustained if the Insured Claimant had paid value for the lltle.
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 Sd7edule 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 fonn 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 tnat 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; (bl proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, wtiether or not shown by the records of such agency or by the Public Records.
2.. Any facts, rights, interests, or daims 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 enrumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts autholizing the issuance thereof; (c) water rights, claims
or title to water, whether or not the matters excepted under (a), (bl, 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.
Ai-st Amencan 77tle
AL TA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The foliowing 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, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c),
13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Polley, but Known to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,
16, 17, 18, 19, 20, 21, 22, 23, Z4, 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. Un enforceability of the lien of the Insured Mortgage because of the Inability or f;iilure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortg;ige 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 daim 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
Exdusion 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 Exdusion 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 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 b;inkruptcy, state insolvency, or similar creditors' rights laws, that the tran!x!ction 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.
First American Title
~¥7 l FirstAmcricaa Title
Prtvacy Information
We Are Committed to S..fegllilrdlng Customer lnlormation
In <>rder to better serve your needs now and in the future, we may ask you to provide us wtth certain Information. We underst!nd that you may be cC>r1cemed atlout what we will do with such
Information -particularly any personal or finandal information, We agree that you have a right to know how we w,11 utilize the personal Information you provide to us. Therefore, together wtth our
subsid,aries we ha,e adopted thk< Pnvacy Policy to g<lllern the use and handling of your personal 1nforma~on.
Applicability
This Privacy Policy governs our use of the information that you prOYicle to us. It does not gov,:m the manner in which we may use Information we have obtained from any other source, such as
1nforma1km obtained from a publK record or from another person or entity. First American has also adopted broader guidelines that go,ern our use of personal information regardless of Its source.
First American calis these gulclellnes ,ts Fair Information Valc,es.
Types of Information
Depe,ding upon which of our seniices you are utilizing, the types or nonpublic personal Information that we may collect include:
• InformatKJn we receive from you on appllcal,ons, forms and In other communications to us, whelller in writing, In person, by telephone or any other means;
• InformaliOn about your transactions wtth us, our aff>liated companies, or others; and
• Information we receive from a ccwisumer reporting agency.
Use of Infonnatlon
We request information from you for ou, own legitimate business purl)OSes and not for the 1>mern of any nonaflillated party. Therefore, we will not release your Information to nonatf,llated parties
e,cept: (I) 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, irdud1ng the period after which any customer relationship has ceased Sucti lnfDrmation may be used for any internal purpose, such as quality control efforts or customer analysis. We may also prov,de all of the types of
nonpublic personal information listed above to one or more of our atfiliated compan;es. Such affiliated companies include financial service provicler;, such as Utle insurers, property and casualty
Insurers, and trust and investment advisory companies, or companies involved In real estate services, such as appraisal companies, home warranty cornpanlffi and escrow companies. FurtheITTIDl"e,
we may also p,ovide all the information we col~, as de>scnbed above, to companies that perform marketing services on our behalf, oo behalf of our affiliated companies or to other finanDal
ilstitubons w~h whorn we or our atfillated companies have Joint marketing agreements.
Former Custon1ers
Even If you are no longer our customer, our Privacy Policy will continue to apply to you.
Conndentiality and Security
We will use our best efforts to ensure that no unauthorized pa riles have access lo any or you, Information. We restrict access to nonpublic personal lnfocmatoo about you to IIKlse 1ndividllais and
entities who need to know that lnformatjon to provide products or seni,ces to you. We will use our best efforts lo train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance wth this Privacy Policy and First Amerk:an's fair Information Values. We currently maintain pt,yslcal, electronic, and procedural safeguards that compty with
federal regulations to guard your nonpwlic personal information.
Information Obtained ThrO<Jgh Our Web Site
first American FInanc1al CorporaHon " sensijwe to privacy issue< on the Internet. We believe II is ,mportanl yoo kriow how we treat the information about you we receiv<l on the Internet.
In general, you can v,st First American or ;t,; affiliates· Web siteS on the WDrid Wide Web wllhout telling us Who you are or revealing any lnfocmation about yourself. Our Web servers collect the
domain names, not the e-mail addresses, o( visttors. This information is aggregated to measure the number of vis<ls, averoge time spent on the site, pages viewed and similar lnlormatioo. First
American uses this Information to measure the use of our site and to clevelop ideas to improv,: the content of our Sile.
There are t,mes, however, when we may need information from you, s...:h as your name and email a:ldre<s. When Information Is needed, we will use oor best efforts to let you know at the time of
collection how we will use the personal Information. Usllally, the personal Information we collect is used only by us to respond to your inquiry, process an order CM" allow yoo to access specffic
accoun!/prolile information. If you choose to share any personal information with us, we will only use t ,n accorclance wtth the policies outined above.
Business Relationships
First American Financial Corporation·, site and its affiliates' S<tes may contain I11ks lo other Web sttes. While we try to link only to sites that share our high standards and respect for privacy, we are
not respansible for the content or the prr;acy practices employed by other s~e~
Cookies
Some of First American's Web ;~es may make use of "cookie" technology to measure stte activity and to customize informatI00 to your personal tastes. A cool<ie is an element of data that a Web stte
can send to your browser, which may then store the cookie on your hard d~ve.
FiriMm com us"" stored o,o1<Ies. TlJe goal of thos technology Is to better senie yoo when vis~lng our site, save you ~me when you are hen, and lo provide you with a more meaningful and
productive Web site e,perience.
Fair Jnfonnalion Values
Falrneos We consider consumer expectations at,:,lll their privacy In all our businesses. We only offer products and services lllat assure a favorable t>alance between consumer benefits and consumer
privacy.
Public Rec:ord We believe that an cµ,n public record creates significant value for society, enhances C011sumer choice and creates consumer opportunity. We actively support an open public record
and emphas~e ~s importance and contrIbut•m to our economy.
U5e We believe we should behave responsibly -.,!,en we use ,nformabon about a consumer In our bu,ar>ess. We will obey the law, governing the collectoo, use and dissemination of clata.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use aod disseminate. Where possible, we will take reasonable steps to CO<recl Inaccurate Information.
When, as with the public record, we cannot correct inaccurate lnformaticwi, we w,1I take all reasonable steps to assist consumers ,n ident,'fy1ng the source or the erroneous data so that the consumer
can secure the required correclions. Education We endeavDr to educate the users of our products and <ervices, our employees and others in our industry about the ;mportance of consumer privacy, We will instruct our employee< on
our fair lnforrnal;iOn values and on the responsible collection and use of data. We wii encourage othe""' our industry to collect and use lnformabOn in a rffiponsIble manner.
Security We wil maintm appropriate faciltties and systems to protect against unauthorized acc"5S to and corruption or the data we maintain.
Form 50-PRlVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporabon)