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HomeMy WebLinkAboutCUP 2022-0015; GREY HAWK CT; Conditional Use Permit (CUP)15. 16. 17. 18. 19. P-1(D) If residential, include the number of units and schedule of unit sizes: _________ _ If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: _____________________ _ If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: ________ _ If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: Page 3 of 4 Revised 3122 Are the folfowing items applicable to the project or its effect.s? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D D alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D D roads. 22. Change in pattern, scale or character of general area of project. D D 23. Significant amounts of solid waste or litter. D D 24. Change in dust, ash, smoke, fumes or odors in vicinity. D D 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D D alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D D 27. Site on filled land or on slope of 10 percent or more. D D 28. Use of disposal of potentially hazardous materials, such as toxic substances, D D flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, D D etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D D 31. Relationship to a larger project or series of projects. D D Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification l hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: ___________ _ Signature: _______________ _ For: P-1{0) Page4of4 Revised 3122 Development Services Planning Division 1635 Faraday Avenue [442)339-2610 www.carlsbadca.gov PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 -• n ( City of Carlsbad ,,.J\.IV--'- In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP} that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. ln this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). * *City staff are currently not assessing the greenhouse gas impacts of California Environmental Quality Act projects by using the Climate Action Plan as a qualified GHG reduction plan under CEQA section 15183.S(b). Please consult with the Planning Department for further guidance. Additional information may be found on the Climate Action Plan Update and Vehicle Miles Traveled calculations staff report. This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that are subject to discretionary review or require a building permit. APPLICATION SUBMITTAL REQUIREMENTS • The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances. If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. • The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. • Details on CAP ordinance requirements are available on the city's website. P-30 • Page1of7 Revised 3122 City of Carlsbad Climate Ac , Plan Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. Project No./Name: Property Address/APN: Applicant Name/Co.: Applicant Address: Contact Phone: Appllcatlon Information Contact Email: Contact information of person completing this checklist (if different than above): Name: Company name/address: Contact Phone: Contact Email: 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. 1 /- Estimated Building Permit Valuation (8PV): $ pjk C6h tlt .f} d'h.'l( ~~ JQ Construction Type Complete Sedlon(s) Notes: 1 ~ D Residential D New construction 2A, 3A and 4A □ Alterations: □ BPV < $60,000 N/A All residential alterations □ BPV ~ $60,000 1A and 4A 1-2 family dwellings and townhouses with attached D Electrical service panel upgrade 4A garages only Multi-family dwellings only where interior finishes are □ BPV ~ $200,000 lA and 4A removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed I D Nonresidential I □ New construction I !B, 28, 38, 4B and □ Alterations: P-30 Page 3 of7 Revised 07/21 City of Carlsbad Climate Acl I Plan Consistency Checklist D N/A * Includes hotels/motels and high-rise residential buildings ** For alterations~ $1,000,000 BPV and affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California Energy Code section 120.10 instead. I 2. Phatovoltaic Systems A. D Residential new construction (for building permit applications submitted after 1/1/20). Refer to 2019 California Energy Code section 150.l(c) 14 for requirements. Note: if project indudes installation of an electric heat pump water heater pursuant to Carlsbad ordinance CS-348, increase system size by .3kWdc if PV offset option is selected. Floor Plan ID (use additional CFA #d.u. Calculated kWdc* sheets if necessary) Total System Size: kWdc" (CFAx.572) /1,000+ (1.15x #d.u.) *Formula calculation where CFA:: conditional floor area, #du= number of dwellings per plan type If proposed system size is less than calculated size, please explain. Exception D D □ D kWdc B. D Nonresidential new construction or alterations ~1,000,000 BPV and affecting :i!:75% existing floor area, or addition that increases roof area by 2:2,000 square feet. Please refer to Carlsbad Ordinance CS-347, Section 6 when completing this section. Choose one of the following methods: □ Gross Floor Area (GFA) Method GFA: □ If< 10,00Os.f. Enter: 5 kWdc Min. System Size: ___ kWdc 0 If 2: 1O,00Os.f. calculate: 15 kWdc x (GFA/10,00O) ** *"'Round building size factor to nearest tenth, and round system size to nearest whole number. □ Time-Dependent Valuation Method Annual TDV Energy use:••• x .80= Min. system size: ____ kWdc *** Attach calculation documentation using modeling software approved by the California Energy Commission. P-30 Page 5of7 Revised 07/21 City of Carlsbad Climate Ac . Plan Consistency Checklist t 3. Wat• Heating A. D Residential and hotel/motel new construction Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section. D For systems serving individual dwelling units choose one: D Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) D Heat pump water heater AND PV system .3 kWdc larger than required in CA Energy Code Section 120.10 (for high rise residential hotel/motel) or 150.l(c) 14 (for low-rise residential) D Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification D Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors □ Exception: □ For systems serving multiple dwelling units, install a central water-heating system with all of the following: □ Gas or propane water heating system D Recirculation system per CS-347 (high-rise residential, hotel/motel) or CS-348 (low-rise residential) □ Solar water heating system that is either: □ .60 solar savings fraction or 40 s.f. solar collectors □ .40 solar savings fraction, plus drain water heat recovery □ Exception: B. D Nonresidential new construction Please refer to Carlsbad Ordinance CS-347 when completing this section. □ Water heating system derives at least 40% of its energy from one of the following (attach documentation): □ Solar-thermal □ Photovoltaics □ Recovered energy □ Water heating system is (choose one): D Heat pump water heater □ Electric resistance water heater(s) □ Solar water heating system with .40 solar savings fraction D Exception: , 4. Eledrlc Vehide ChalJll'II A. D Residential New construction and major alterations"' Please refer to Carlsbad Ordinance CS-349 when completing this section. □ One and two-family residential dwelling or townhouse wit h attached garage: D One EVSE ready parking space required D Exception: D Multi-family residential· □ Exception • Total Parking Spaces EVSE Spaces Proposed capable Ready Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole numbed E\/SE Installed= Total EVSE Spaces x .SO (rounded up to nearest whole number) E\/SE other= Total EVSE spaces-E\/SE Installed (EVSE other may be •capable," "Ready" or "Installed.") Installed l I Total P-30 Page 6of7 Revised 07/21 STEP1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building ~ □ or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes" to the above question, provide justification below then go to Step 6, mark the box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered "no" to the above question, the project is a 'development project', go to Step 2. STEP2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; OR □ □ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; OR c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets ciuidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ □ accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ □ If you answered "yes" to one or more of the above questions, provide discussion[justification below, then go to Step 6, mark the second box stating "my project is EXEMPT from PDP ... " and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3. E-34 Page 2 of4 REV 02/22 0 STEP3 TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces □ □ collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or more of □ □ impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a □ □ facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious □ □ surface collectively over the entire project site and supports a hillside development project? A hillside development project includes development on any natural slope that is twenty-five percent or <1reater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is a □ □ land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ □ site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally □ □ Sensitive Area (ESA)? UDischarging Directly ton includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ □ shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ □ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ □ and are expected to generate pollutants post construction? 11 . Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of □ □ impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC 21 .203.040) If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 6, check the first box stating, "My project is a PDP ... " and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT'. Go to step 5, complete the trash capture questions .. .. • Environmentally Sensitive Areas 11clude but are not limited to all Clean Water Ad Section 303(d) Impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentaly sensitive areas which have been identified by the City. E-34 Page 3 d 4 REV 02/22 STEP4 ~ TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY ' Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = sq. ft. □ □ Total proposed newly created or replaced impervious area (B) = sq. ft. Percent impervious area created or replaced (B/A)*100 = % If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 6, check the first box stating, "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 6, check the first box statinQ, "Mv project is a PDP .. ." and complete aoolicant information. STEPS TO BE COMPLETED FOR STANDARD PROJECTS Complete the question below regarding your Standard Project (SDRWQCB Order No. 2017-0077): YES NO Is the Standard Project within any of the followil"}g Priority Land Use (PLU) categories? R-23 (15-23 du/ac), R-30 (23-30 du/ac), Pl (Planned Industrial), CF (Community Facilities), GC (General □ □ Commercial), L (Local Shopping Center), R (Regional Commercial), V-B (Village-Barrio), VC (Visitor Commercial), 0 (Office), VC/OS (Visitor Commercial/Open Space), Pl/O (Planned Industrial/Office), or Public Transportation Station If you answered "yes", the 'STANDARD PROJECT' is subject to TRASH CAPTURE REQUIREMENTS. Go to step 6, check the third box stating, "My project is a 'STANDARD PROJECT' subject to TRASH CAPTURE REQUIREMENTS ... " and complete applicant information. If you answered "no", your project is a 'ST AN DARO PROJECT. Go to step 6, check the second box stating, "My project is a 'STANDARD PROJECT' .. ." and complete aoolicant information. STEP6 CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION D My project is a PDP and must comply with PDP stonnwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) per E-35 template for submittal at time of application. 0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stonnwater requirements of the BMP Manual. As part of these requirements, I will submit a • Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. 0 My project is a 'STANDARD PROJECT' subject to TRASH CAPTURE REQUIREMENTS and must comply with TRASH CAPTURE REQUIREMENTS of the BMP Manual. I understand I must prepare a TRASH CAPTURE Storm Water Quality Management Plan (SWQMP) per E-35A template for submittal at time of application. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. J4 My project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box ~ Applicant Name: t,1/i 1 l , µu, !i>aJ{;J. Applicant Title: Own~ Applicant SignatureG 23; 2 ~ Date: I) tt l 2/ cJ-<J- E-34 Page 4 of 4 REV 02/22 ~ TICOR TITLE ORDER SHEET Date Ordered· 7/21/2022 . Ticor File#: 00914119-995-CY lime: 03:17:46 PM Date Opened: 0712112022 Est. COE: Date Needed By: Escrow Officer: San Diego OAC EO Opened By: Amor Llpumano. OD (Nj Ordered By: Amor Llpumano -Phone: (619) 260-11015 Location: 2275 Rio Bonito Way, Suite 160 Fax: (619) 692-9465 San Diena CA92108 Underwriter: ChiCago Tftfe rnsurance Company Title Officer: Cind"y Youngers Property Address: 3234 Grey Hawk Court, Carlsbad, CA 92010 County: San Diego Property Type: Single Family Residential Parcel ID: 221-015-07-09 Transaction Type: Other Sales Price: $0.00 Comments: THIS IS CONDITION TITLE GUARANTEE ASSURISD NAME-IS THIS Gl-TY Q; CARLSBM> LIABILITY $5,000.00 FEE $500.00 Subject To: Requirements 1: Requirements 2: Requirements 3: Requirements 4: Owner's Policy: Lender's Policy: Lender 2 Policy: litle Rate Code: 16 -Condition of Title Guarantee Marketing Rep #1: House Account Marketing Rep #3: Marketing Rep #2: Marketing Rep #4: Seller #1: of record Ref Number: Address: .. Home: Cell: Work: Fax: Email: NAF ID: Lender #1: . Loan Amount: $0.00 Attn To: Loan Number: Address: .. Ref Number: Home: Cell: Work: Fal!: Email: NAFID: BIii to Customer & Source of Business Other#1: Baron & Baroness Jewels, Inc. Attn To: Sonya Anson Address: 3234 Grey Hawk Court, , Carlsbad, CA 92010 Ref Number: Home: Cell: Work: (760) 807-1147 Fax: Email: accounting@luxusa.com NAF ID: 63459 TRANSMITTAL Number of Copies V.a Pre's CCR's Doc's ----E-Mail 1 1 0 Other Baron & Baroness Jewels, Inc. Sonya Anson Address: 3234 Grey H8wk Court, Carlsbad, CA 920'1"0 Phone: (760) 807-11.£_ Email: accounting@luxusa.com Totals: 1 1 0 AUG OS 20n TTLINS (11119/2020) ® TICOR TITLE~ MAIL TO: Baron & Baroness Jewels, Inc. Attn: Sonya Anson Your Ref: 3234 Grey Hawk Court #9 TITLE OFFICER: Cindy Youngers ORDER NO.: 00914119-995-SDT-CY DATE: July 29, 2022 12:26 PM TRANSMITTAL 2275 Rio Bonito Way, Suite 160 San Diego, CA 92108 Phone: (619) 260-0015 PHONE: (619) 260-0015 Ext. 521 B EMAIL: cindy.youngers@ticortitle.com FAX: (619) 692-9465 PROPERTY ADDRESS: 3234 GREY HAWK COURT, CARLSBAD, CA 9201 D BUYER/BORROWER: Enclosed please find your Policy of Title Insurance. Thank you -we appreciate your business! Order No. 00914119-gg5-sDT -CY Guarantee No. CA-FASD-IMP-72G2B-1•22-00914119 GUARANTEE EXCLUSIONS AND CONDITIONS (06-05-14) EXCLUSIONS FROM COVERAGE Except as expressly provided by th1:1 assurances in Schedull:I A, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the tIUe to any property beyond the lines of the Land. (b) Defects, Hens, encumbrances, adverse clalms or other matters, whether or nol shown by the Pubic Records (1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured. (c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records. (d) The identity of any party shown or referred to in any of the schedules of this Guarantee. (e) The validity, legal effect or prIonty of any matter shown or referred to in any of the schedules of this Guarantee. (f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings. whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records. (g) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or tiUe to water, whether or not the matters excluded under {1 ), (2) or (3) are shown by the Public Records. GUARANTEE CONDITIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured"· the party or parties named as the Assured In Schedule A, or on a supplemental writing executed by the Company. (b) "Land"· the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "Land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "Date of Guarantee": the Date of Guarantee set forth in Schedule A, (fl "Amount of Liability"· the Amount of Liability as stated in Schedule A. 2. Notice of Claim to be Given by A55ured. The Assured shall notify the Company promptly in writing in case knowledge shall come to the Assured of any assertion of facts, or claim of title or interest that is contrary lo the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of the Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the ertenl of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company"& Option to Defend or Prosecute Actions; Duty of Assured to Cooperate. Even though the Company has no duty lo defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, lo institute and prosecute any action or proceeding, interpose a defense, as limited in Paragraph 4 (b), or to do any other act which In its opinion rnay be necessary or desirable to establish the correctness of the assurances sel forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so dlllgently. (b) If the Company elects to exercise its options as slated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be ~able for and wlU not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to linal determination by a court of competent jurisdiction and expressly reserves the right, in lts sole discretion, lo appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured, at the company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, proseCLting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce toss or damage to the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loas or Damage. (a) In the event the Company is unable lo determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that constitutes the basis of toss or damage and shall stale, to the extent possible, the basis of calculating the amount of the loss or damage. (b) In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable limes and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, Inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disdosed to others unless, in the reasonable judgment of the Company, ii is necessary in the administration of lhe claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested CL TA Guarantee Exclusions and Conditions (06-05-14) Page 2 © Callfomie Land Title Association. All right• reserved. The use of this Form is restricted to CL TA subscribers In good standing as of the date of use. AH other uses are prohibited. Reprinted under license or express permission from the California Land Tille Association. Order No. 00914119-99S-SDT-CY information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph. unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Lllffllllty. !n case of a claim under this Guarantee, the Company shall have the following additional options: (a) To pay or tender payment of the Amount of liability together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of pa',fflent and that the Company is obligated to pay. (b) To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Assured that were authori-ied by the Company up to the time of payment or tender of payment and that that the Company is obligated lo pay; or (c) To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), \b) or (c) of this paragraph the Company's obligations to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, induding any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7. Limlta.tlon of Liability. (a) This Guarantee is a contract of Indemnity against actual monetary toss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A end only to lhe extent herein described, and subject to the Exclusions From Coverege of this Guarantee. (b) If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien or, encumbrance or cures any other matter assured against by this Guarantee in a reasonably di~gent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (c) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage unlil there has been a final determination by a court of competent jurisdiction, and disposition of ell appeals therefrom. (d) The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 8. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liabil!ty under this Guarantee pro tanto. 9. Payment of Loss, (a) No payment shall be made without producing this Guarantee for endon.ement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed In accordance with these Conditions, the loss or damage shall be payable within thirty (30) days thereafter. 10. Subrogation Upon Payment or SeWement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured. The Company shall be subrogated to and be entiUed to all rights and remedies which the Assured would have had against any person or Cl TA Guarantee Exclusions and Conditions (06-05-14) rantee NO. CA-FASD-IMP-nG28-1-22-00914119 property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to porfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the rrame otttfe Assurettin any transaction or IWgaUon involving these rights or remedies. If a payment on acoount of a claim does not fully cover the loss of the Assured the Company shaM be subrogated to all rights and remedias of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 11. Arbitration. Either the Company or the Assured may demand that the claim or controversy shall be submitted lo arbitration pursuant to the Title Insurance Arbitration Rules of the American land Trtle Association ("'Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not Nmited lo, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision, or to any other controversy or claim arisiny out of the transaction giviny rise to this Guarantee. All arbitrable matters when the amount of liabiHty is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability Is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 12, Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endofliements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company_ In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement lo this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistanl Secretary, or validating officer or authorized signatory of the Company. 13. Severablllty In the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to include that provision or such part held to be invalid, but all other provisions shell remain in fuD force and effect. 14. Choice of Law: Forum (a) Choice of Law: The Assured acknowledges the Company has unde,written the rlsKs covered by this Guarantee and determined the premium charged therefor 1n reliance upon the law affecting interests in real property and applicable to the interpretation, tights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where thtt Land is located to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a slate or federal court within the United Stales of America or its territories having appropriate jurisdiction. 15. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the numbef of this Guarantee and shall be addressed to the Company at Chicago Title Insurance Company, Attn: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023. Page3 © California Land Tith! Association. An rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. OrtlerNci .. 00914119-995-SDT -CY Guar1111tee No·.. CA-F ASD•IMP· 72G28-1-22·D0914119 CONDITION OF TITLE GUARANTEE SCHEDULE A Order No.: oog-14119-.g95-50T -CY Guarantee No.: CA-FASD-IMP•72G28-1-22-00914119 Date of Guarantee: July 20, 2022 at 8:00 AM 1. Name of Assured: The City of Carlsbad 2. The estate or interest in the Land which is covered by this Guarantee is: Amount of Liability: $5,000.00 Fee: $500.00 A Condominium, as defined In Section 783 and 4125 of the California Civil Code, in fee. 3. The Land referred to in this Guarantee is described as follows: See Exhibit A attached hereto and made a part hereof. 4. ASSURANCES: According to the Public Records as of the Date of Guarantee, a. Title to the estate or interest in the Land is vested in: William David Leavitt and Hannah Theresa Kelly-Leavitt, husband and wife as community property b. Title to the estate or interest is subject to defects, liens or encumbrances shown in Schedule B which are not necessarily shown in the order of their priority. 72G28 CL TA Gua/'llntee Forffl No. 28 (06-05-14) Condition of Title Guarantee © California Land Tltle Association. AH rights reserved. Page4 The use of this Form Is restricted to CL TA subscribers in good standing as of the dale of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Ortl!!(No. 00914119-995-SDT-CY EXHIBIT A LEGAL DESCRIPTION 1-'ollc'y No. CA-FASD-IMP-72G28-1-22-00914119 THE LANO REFERRED TO HEREIN BELOW IS SITUATED CARLSBAD, IN THE COUNTY OF SAN· D1EGO; STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: A CONDOMINIUM COMPRISED OF: PARCEL A: UNIT 9 AS SHOWN AND DEFINED IN THE CONOOMlNIUM PLAN FOR GREYHAWK BUSINESS PARK RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 10, 2006 AS INSTRUMENT NO. 2006-0719747, OF OFFICIAL RECORDS. PARCELS: AN UNDIVIDED 1128TH INTEREST AS A TENANT IN COMMON IN THE COMMON AREA LOCATED WITHIN LOT 5 OF CARLSBAD TRACT NO. 99-06, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14831, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 2004 AS SHOWN AND DEFINED IN THE CONDOMINIUM PLAN FOR GREYHAWK BUSINESS PARK RECORDED IN THE OFFICE OF THE COUNTY ON OCTOBER 10, 2006 AS INSTRUMENT NO. 2006-0719747, OF OFFICIAL RECORDS. PARCEL C: NON-EXCLUSIVE EASEMENTS FOR VEHICULAR AND PEDESTRIAN ACCESS, ENCROACHMENT, REPAIR, USE AND UTILITY PURPOSES, ALL AS SET FORTH AND DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR GREYHAWK BUSINESS CENTER RECORDED OCTOBER 10, 2006 AS INSTRUMENT NO. 2006-0719748, OF OFFICIAL RECORDS. PARCELD: A NON-EXCLUSIVE EASEMENT FOR DRIVEWAY PURPOSES INCLUDING INGRESS AND EGRESS ONLY WHICH, IN TURN, ARE INTENDED AS NON-EXCLUSIVE USES FOR AND BY MOVING VEHICULAR TRAFFIC FOR ANY PURPOSE CONNECTED WITH THE USE OF LOT 5 AND INCIDENTAL PURPOSES, OVER, UNDER, ALONG AND ACROSS A PORTION OF LOT 6 OF CARLSBAD TRACT NO. 99-06, ACCORDING TO MAP THEREOF NO. 14831, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALJFORN1A, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 29, 2004, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 6, SAID BEGINNING BEING ON THE NORTHERLY RIGHT-OF-WAY OF GRAY HAWK COURT, A POINT ON A 60-FOOT RADIUS CURVE, CONCAVE SOUTHERLY, THE-RADIAL LINE-TO SAID POINT BEARS NORTH 00° 13-' 02" 5AST; TH5NCE, WESTERLY ALONG SAID RIGHT-OF-WAY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17• 06' 07" AN ARC DISTANCE OF 17.91 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 73• 06' 56" WEST, 3.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, NORTH 09° 55' 15" WEST, 55.30 FEET; THENCE NORTH 79° 12' 53" EAST, 31.72 FEET TO THE EASTERLY PROPERTY LINE OF SAID LOT 6; THENCE ALONG SAID PROPERTY LINE SOUTH 01° 06' 36" WEST; 59.96 FEET TO THE POINT OF BEGINNING; AS CREATED BY RECIPROCAL EASEMENT AND MAINTENANCE AGREEMENT RECORDED OCTOBER 6, 2005 AS INSTRUMENT NO. 2005-0865774, OF OFFICIAL RECORDS. 72G28 Cl TA Guarantee Form No. 28 (06-05-14) Page 5 Condition of TIiie Guarantee @ California Land Title Aaaoclatlon. All rights reserved. The use of this Form Is restricted to Cl TA subscribers In good standing as of lhe date of use. All other uses are prohibited. Reprinted under license or express pem,ission from the Califomia land Tille Association. ome..-No. 00914119-995-SDT-CY PARCEL E: EXHIBIT A (Continued) Policy NO. CA-FASD-IMP-72G28-1-22-00914119 A NON-EXCLUSIVE EASEMENT FOR DRIVEWAY PURPOSES INCLUDING INGRESS AND EGRESS ONLY WHICH, IN TURN, ARE INTENDED AS NON-EXCLUSIVE USES FOR AND BY MOVING VEHICULAR TRAFFIC FOR ANY PURPOSE CONNECTED WITH THE USE OF LOT 5 AND INCIDENTAL PURPOSES OVER, UNDER, ALONG AND ACROSS A PORTION OF LOT 4 OF CARLSBAD TRACT NO. 99-06, ACCORDING TO MAP THEREOF NO. 14831, lN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 29, 2004, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 4, SAID BEGINNING BEING ON THE SOUTHERLY RIGHT-OF-WAY OF GRAY HAWK COURT, A POINT ON A 60-FOOT RADIUS CURVE, CONCAVE NORTl1cRL Y, THE RADIAL LINC TO SAID POINT BEARS SOUTtt 06° 52' 51" !=AST; THENCE, NON-TANGENT TO SAID CURVE, LEAVING SAID RIGHT-OF-WAY, SOUTHERLY ALONG THE EASTERLY PROPERTY LINE OF SAID LOT 4 SOUTH 20" 32' 40" EAST 71.05 FEET: THENCE LEAVING SAID PROPERTY LINE SOUTH 69° 27' 20" WEST 25.00 FEET; THENCE NORTH 20° 32' 40" WEST 72.10 FEET; THENCE NORTH 00° 23' 04" WEST 9.72 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF SAID GRAY HAWK COURT, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 60-FOOT RADIUS CURVE, CONCAVE NORTHERLY, THE RADIAL LINE TO SAID POINT BEARS SOUTH 16° 06' 56" WEST; THENCE ALONG SAID RIGHT-OF-WAY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22" 59' 47" AN ARC DISTANCE OF 24.08 FEET TO THE POINT OF BEGINNING: AS CREATED BY RECIPROCAL EASEMENT AND MAINTENANCE AGREEMENT RECORDED OCTOBER 6, 2005 AS INSTRUMENT NO. 2005-0865775, OF OFFICIAL RECORDS. APN: 221-015-07-09 72G28 CL TA Guarantee Form No. 28 (06-05-14) Condition of Title Guarantee Page6 © California Land Tltla Association. A!I rights reserved. The use of this Fonn is restricted to CLTA subscribers in good standing as of the dale of use. All other uses are prohibited. Reprinted under license or express pennission from the California Land Title Association. omerNCi. 00914119-995-SDT-CY Policy No. CA-FASD-IMP-72028-1-22-00914119 SCHEDULE B 1. Property ti!}(es, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2022 -2023. 2. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any tocal, City, Municipal or County Project or Special District. 3. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 4. The herein described property lies within the boundaries of a Mello-Roos Community Facilities District (CFO) as follows: CFO No: For: Disclosed by: Recording Date: Recording No.: 1 Community Facilities District No. 1 City of Carlsbad, County of SanDiego Assessment District Boundary March 14, 2003 2003-0289325 of Official Records This property, along with all other parcels in the CFO, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the City of Car1sbad, County of San Diego. The tax may not be prepaid. Amendment to Notice of Special Tax Lien (Notice of Annexation), recorded March 14, 2003 as instrument No. 2003-0289328 of Official Records 5. The herein described property lies within the boundaries of a Mello-Roos Community Facilities District (CFO) as follows: CFO No: 3 For: Community Facilities District No. 3 Disclosed by: Wavier and Consent to Creation of a Community Facilities District and agreement to pay faire share cost of CT 99-06 Recording Date: June 09, 2004 Recording No.: 2004-0538024 of Official Records This property, along with all other parcels in tile CFO, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the City of Car1sbad, County of San Diego. The tax may not be prepaid. Amendment No. 1 to Wavier and Consent to Creation of a Community Facilities District), recorded November 4, 2005 as instrument No. 2005-0964621 of Official Records 6. Water rights, claims or title to water, whether or not disclosed by the public records. 72G28 Cl TA Gutirarttee Form No. 28 (06-05-14) Condition of T1tle Guarantee Page 7 © California land TIiie Association, All rlghtti reserved. The use of this Form is restricted to Cl TA subscribers Jn good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. OrtlerNo. 00914119-995-SDT-CY Policy No. CA-FASD-IMP-72G28-1-22-00914119 SCHEDULE B (Continued) 7. Ndrr-exelusive easements dVer ancf ttrmugh ttte ccnmmm !D'e"cf tor i1Tg11$S, egress-, pul:Jlic utility, enjoyment, support and repair of the common area and each unit, as provided in the above mentioned declaration and as disclosed by various deeds of record. Affects: Common Area 8. Matters contained in that certain document Entitled: ~Notice of Waiver Concerning Proximity of the planned or Existing Transportation Corridor Case No. CT 99-06" Recording Date: October 18, 2002 Recording No: 2002-0913259 of Official Records Reference is hereby made to said document for full particulars. 9. Matters contained in that certain document Entitled: Recording Date: Recording No: uNotice of Restriction on Real Property" October 18, 2002 2002-0913314 of Official Records Reference is hereby made to said document for full particulars. 10. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: January 1 0, 2003 Recording No: 2003-0035144 of Official Records 11. Matters contained in that certain document EntiUed: Recording Date: Recording No: "Hold Harmless Agreement and Drainage" May 27, 2004 2004-0494022 of Official Records Reference is hereby made to said document for full particulars. 12. Matters contained in that certain document Entitled: Recording Date: Recording No: "Hold Harmless Agreement and Geological Failure· May 27, 2004 2004-0494023 of Official Records Reference is hereby made to said document for full particulars. 72G28 CL TA Guarantee Form No. 28 (06-05-14) CclrtdlllM ofTiUe Guani:r1tee Pages © California Land Title Association. All rights rasarvad. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. On:IM No. 00914119-995-SDT -CY SCHEDULE B (Continued) POiicy l'ild. CA-FASD-lMP-72G28-1-22-00914119 13. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by said map/plat. Affects: Grey Hawk Court and Palomar Airport Road, except designated access openings Said Land, however, abuts on a public thoroughfare, other than the one referred to above, over which the rights of vehicular access have not been relinquished. 14. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tracUplat; Purpose: Affects: Recording No: Site distance corridor as shown on said map Map No. 14831 15. Matters contained in that certain document Entitled: Recording Date: Recording No: "Reciprocal Easement and Maintenance Agreemenr October 06, 2006 2005-086577 4 of Official Records Reference is hereby made to said document for full particulars. 16. Matters contained in that certain document Entitled: Recording Date: Recording No: "Reciprocal Easement and Maintenance Agreemenr October 06, 2006 2005-0865775 of Official Records Reference is hereby made to said document for full particulars. 17. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Recording Date: Recording No: Affects: Avigation easement and ingress and egress October 28, 2005 2005-0938431 of Official Records as shown in said document 18. Matters contained in that certain document EntiUed: Recording Date: Recording No: "Hold Harmless Agreement and Drainage" December 7, 2005 2005-1 054381 of Official Records Reference is hereby made to said document for full particulars. 72G28 Cl TA Guanfntee Form No. 28 (06-05-14) Condition of Tille Guarantee Page9 © Callfornla land Title Association. All rights reserved. The use of this Form Is restricted to Cl TA subscribers In good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Tille Association. OrtlerNo. 00914119·995.SDT-CY SCHEDULE B (Continued) 19. Matters contained in that certain document Policy Na. CA-FASD-IMP•72G28-1-22-00914119 Entitled: Recording Date: "Hold Harmless Agreement and Geological Failure~ December 7, 2005 Recording No: 2005-1 054382 of Official Records Reference is hereby made to said document for full particulars. 20. Matters contained in that certain document Entitled: Recording Date: Recording No: "Notice of Restriction on Real Property" January 9, 2006 2006-0014496 of Official Records Reference is hereby made to said document for full particulars. 21. Matters contained in that certain document Entitled: Recording Date: Recording No: "Notice concerning Aircraft Environmental Impacts Case No. PIP 05-01" January 9, 2006 2006-0014639 of Official Records Reference is hereby made to said document for full particulars. 22. Matters contained in that certain document Entitled: Recording Date: Recording No: "Memorandum of Agreement and Grant of Easement for Telecommunication Facilities" May 11, 2006 2006-0332834 of Official Records Reference is hereby made to said document for full particulars. 23. Matters contained in that certain document Entitled: Recording Date: Recording No: "Notice of Restriction on Real Property" October 6, 2006 2006-0714467 of Official Records Reference is hereby made to said document for full particulars. 72G28 CL TA Gu;l:tlfnfee Fartn Na. 28 (06-05-14) Page 10 Condition of Title Guarantee © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers In goad standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Tille Association. DrlfiJl"N0. 00914119-995-SDT-CY SCHEDULE B (Continued) Policy No. CA-FASD-IMP-72G28-1-22-00914119 24. Ttle matters s-et fmtlT irT tne dacume11r strowrr below wlTicm, among oltfer ttrirTgs-, contains-Cir provides fCir. certain easements; liens and the subordination thereof; provisions relating ·to partition; restrictions on severability of component parts; and covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including, but not limited to those based upon age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Recording Date: October 10, 2006 Recording No: 2006-07197 48 of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value. 25. Matters contained in that certain document Entitled: Recording Date: Recording No: "Notice of Restriction on Real Property" October 23, 2006 2006-0750564 of Official Records Reference is hereby made to said document for full particulars. 26. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Purpose: Recording Date: Recording No: Affects: Access, Ingress, Egress and incidental purposes December 6, 2006 2006-0866092 of Official Records Said land The exact location and extent of said easement is not disclosed of record. 27. A deed of trust to secure an indebtedness in the amount shown below, Amount Dated: $836,500.00 March 3, 2021 Trustor/Grantor William David Leavitt and Hannah Theresa Kelly-Leavitt, husband and wife as community property Trustee: Hanmi Bank Beneficiary: Hanmi Bank Loan No.: 88145276 Recording Date: March 30, 2021 Recording No: 2021-0247327 of Official Records 72G28 CL TA Guarantee Form No. 28 (06-05-14) COndllllln 6fTl08 Guarantee Page 11 © California Land Title Aaaoclatlon. All rights reserved. The use of lhls Form is restricted to CL TA subscribers In good standing as of the date of use. All other uses are prohibited. Reprinted under lic;ense or express permission from the California Land Title Association. Ortlar-No. 00914119-995-SDT-CY SCHEDULE B (Continued) Polley No. CA-FASD-IMP-72G28-1-22-00914119 28. An assignment of all the moneys due, or to become due as rental, as additional security for the obligations secured by deed of trust shown as item no. 27 Assigned to: Recording Date: Recording No: Hanmi Bank March 30, 2021 2021-0247328 of Official Records 72G28 CL TA Guanrntee Forni Ne. 28 (06-05-14) Condition of Title Guarantee © California Land Tftla Association. All rights reserved. P.ige12 The use of lhls Fo1111 Is restricted to CL TA subscribers in good standing as of the date cf use. All other uses are prohibited. Reprinted under license or express pe1111ission from the California Land Title Association.