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HomeMy WebLinkAbout2025-06-24; City Council; 05; Declaration of Restrictive Covenants for the Hardline Habitat Preserve Areas within the Veterans Memorial Park ProjectCA Review CDS Meeting Date: June 24, 2025 To: Mayor and City Council From: Geoff Patnoe, City Manager Staff Contact: Nick Stupin, Parks Planning Manager nick.stupin@carlsbadca.gov or 442-339-2527 Subject: Declaration of Restrictive Covenants for the Hardline Habitat Preserve Areas within the Veterans Memorial Park Project District: All Recommended Action Adopt a resolution authorizing execution of a declaration of restrictive covenants for the hardline habitat preserve areas within the Veterans Memorial Park project. Executive Summary Veterans Memorial Park is a 93.7-acre park development project located southeast of the Agua Hedionda Lagoon. This new park will be the city’s largest community park. The design intent is to create a family-friendly park that offers a range of inclusive, multi-generational amenities, supporting both active recreation and more passive uses. In total, 49.8 acres of the 97.3-acre park site will be designated as hardline habitat preserve areas that are not to be developed. Hardline habitat preserve refers to a specific area designated and managed for its biological resources. The declaration of restrictive covenants is a recorded document that imposes restrictions on the use of the land to ensure the hardline habitat preserve areas within the park site remain in a natural state, in perpetuity. Property uses that would impair or interfere with the conservation value of the corresponding mitigation are prohibited under such a covenant. The city is required to provide permanent habitat management, maintenance and biological monitoring and to execute a declaration of restrictive covenants (Attachment A to Exhibit 1) to comply with the requirements defined by the permits issued for the park project, by the Carlsbad Habitat Management Plan and by the habitat management requirements in Carlsbad Municipal Code Section 21.210.050. In approving this declaration of restrictive covenants for the habitat preserve areas within Veterans Memorial Park, the city will fulfill the requirements of the environmental permitting for the project and comply with the Carlsbad Habitat Management Plan and the Carlsbad Municipal Code. June 24, 2025 Item #5 Page 1 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Execution of a declaration of restrictive covenants is within the city’s discretion, under California Government Code Section 37350. The City Council is being asked to authorize its execution because the Carlsbad Municipal Code does not delegate this authority to the City Manager. Explanation & Analysis On June 15, 2022, the Planning Commission adopted • Resolution No. 7453, approving a mitigated negative declaration of environmental impact and a mitigation monitoring and reporting program for Veterans Memorial Park • Resolution No. 7454, approving: o A conditional use permit for the park (CUP No. 2021-0014) o A coastal development permit (CDP No. 2021-0052) o A hillside development permit (HDP No. 2021-0006) o A habitat management plan permit (HMP No. 2021-0006) One condition of the coastal development permit requires that the Veterans Memorial Park project fully mitigate environmental impacts and minimize grading to the extent necessary to comply with policies to protect native habitat while providing public recreation uses. In addition, the hillside development permit requires boundary revisions to the park that result in a net increase of 9.5 acres of hardline habitat preserve areas. On July 26, 2022, the City Council adopted Resolution No. 2022-196, which adopted the final Veterans Memorial Park Master Plan and found that the project complied with the parks performance standard in the Citywide Facilities and Improvements Plan that is part of the city’s Growth Management Plan. Because improvements to the park will impact native vegetation within the hardline habitat preserve areas, the project must provide mitigation for losses or disturbances of these areas. The permits issued for this park project and the Carlsbad Habitat Management Plan require the permanent conservation of the project mitigation area and the existing hardline habitat within the boundary of the park through recording a conservation easement or similar protective instrument, such as a declaration of restrictive covenants. The proposed declaration of restrictive covenants was drafted by staff and was deemed acceptable by the applicable permitting resource agencies. This declaration of restrictive covenants memorializes the protection of all onsite project mitigation and the existing hardline habitat, to ensure a total of 49.8 acres of hardline habitat preserve areas remain in a natural condition in perpetuity. It outlines the allowed and prohibited uses within the hardline habitat preserve areas, as well as the long-term maintenance and monitoring provisions and enforcement requirements for these areas. Staff recommend that the City Council adopt the resolution authorizing execution of the declaration of restrictive covenants. June 24, 2025 Item #5 Page 2 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Fiscal Analysis There is no direct fiscal impact associated with the recommended action. The costs of the initial implementation and a five-year establishment period for the project mitigation area are estimated at $650,000. These costs have been accounted for in the Veterans Memorial Park project budget. There are sufficient funds within the park’s Capital Improvement Program project budget to address these costs. After the five-year establishment period, costs of the management and oversight of the project mitigation area are estimated to be $3,000 annually. Staff will include funding for this ongoing management and oversight in the future operating budget request for Veterans Memorial Park. Next Steps After the declaration of restrictive covenants is executed by the city, the document will be forwarded to the San Diego Office of the Recorder for official recording. Environmental Evaluation On June 15, 2022, the Planning Commission adopted Resolution No. 7453, approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and adopted Resolution No. 7454, approving Conditional Use Permit CUP 2021-0014, Coastal Development Permit CDP 2021-0052, Hillside Development Permit HDP 2021-0006 and Habitat Management Plan Permit HMP 2021-0006 for Veterans Memorial Park. Exhibits 1.City Council resolution June 24, 2025 Item #5 Page 3 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Exhibit 1 RESOLUTION NO. 2025-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF A DECLARATION OF RESTRICTIVE COVENANTS FOR THE HARDLINE HABITAT PRESERVE AREAS WITHIN THE VETERANS MEMORIAL PARK PROJECT WHEREAS, the City Council of the City of Carlsbad, California, has determined that it is necessary, desirable, and in the public interest to execute declarations of restrictive covenants for hardline habitat preserve areas; and WHEREAS, Veterans Memorial Park is a 93.7 park development project located southeast of the Agua Hedionda Lagoon. This new park will be the city’s largest community park; and WHEREAS, the design intent is for a family-oriented park with a variety of multi-generational and inclusive amenities incorporated into active and passive recreational elements; and WHEREAS, in total 49.8 acres of the 97.3-acre park site will be designated as hardline habitat preserve areas that are not to be developed; and WHEREAS, the declaration of restrictive covenants is a recorded document that imposes restrictions on the use of the land to ensure the hardline habitat preserve areas within the park site remain in a natural state, in perpetuity; and WHEREAS, property uses that would impair or interfere with the conservation value of the corresponding mitigation are prohibited under such a covenant; and WHEREAS, the city is required to execute a declaration of restrictive covenants to comply with the requirements defined by the permits issued for the park project, by the Carlsbad Habitat Management Plan and by Carlsbad Municipal Code Section 21.210.050; and WHEREAS, on June 15, 2022, the Planning Commission adopted Resolution No. 7453, approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and adopted Resolution No. 7454, approving a Conditional Use Permit - CUP No. 2021-0014, a Coastal Development Permit - CDP No. 2021-0052, a Hillside Development Permit - HDP No. 2021-0006, and a Habitat Management Plan Permit - HMP No. 2021-0006 for Veterans Memorial Park; and WHEREAS, condition No. 6 of CDP No. 2012-0052 requires that the Veterans Memorial Park project fully mitigate impacts and minimize grading to the extent necessary to comply with policies to protect native habitat while providing public recreation uses on the "Veterans Memorial Park Development Area;" and June 24, 2025 Item #5 Page 4 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 WHEREAS, HDP No. 2021-0006 requires hardline boundary revisions to the park that result in a net increase of 9.5 acres of hardline habitat preserve areas; and WHEREAS, on July 26, 2022, City Council adopted Council Resolution 2022-196, which adopted the final Veterans Memorial Park Master Plan and found that the project complied with the Growth Management Plan/Citywide Facilities and Improvements Plan Parks Performance Standard; and WHEREAS, because the improvements to the park will impact the native vegetation within the hardline habitat preserve areas, this project must provide mitigation for losses or disturbance of these areas; and WHEREAS, the permits issued for this park project and the Carlsbad Habitat Management Plan require the official recording of a conservation easement or similar protective instrument, such as a declaration of restrictive covenants; and WHEREAS, the declaration of restrictive covenants was drafted by staff and was deemed acceptable by the permitting agencies; and WHEREAS, this declaration of restrictive covenants memorializes the protection of all onsite project mitigation and the existing hardline habitat, to ensure a total of 49.8 acres of hardline habitat preserve areas remain in a natural condition in perpetuity; and WHEREAS, it outlines the allowed and prohibited uses within the hardline habitat preserve areas, as well as the long-term maintenance and monitoring provisions and enforcement requirements for these areas; and WHEREAS, there is no direct fiscal impact associated with this action. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That on June 15, 2022, the Planning Commission adopted Resolution No. 7453, approving a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program, and adopted Resolution No. 7454, approving Conditional Use Permit CUP 2021-0014, Coastal Development Permit CDP 2021-0052, Hillside Development Permit HDP 2021-0006, and Habitat Management Plan Permit HMP 2021-0006 for Veterans Memorial Park. June 24, 2025 Item #5 Page 5 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 3.That the Mayor is authorized and directed to execute the Declaration of Restrictive Covenants for the hardline habitat preserve areas within the Veterans Memorial Park project, which is attached hereto as Attachment A. 4.That the Office of the City Clerk is authorized to record the executed Declaration of Restrictive Covenants for the hardline habitat preserve areas within the Veterans Memorial Park project with the San Diego County Office of the Recorder. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 24th day of June, 2025, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. NAYS: None. ABSTAIN: None. ABSENT: None. ______________________________________ KEITH BLACKBURN, Mayor ______________________________________ SHERRY FREISINGER, City Clerk (SEAL) June 24, 2025 Item #5 Page 6 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 1 CA 09/24/13 RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) ) City Clerk ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, California 92008-1989 ) Space above this line for Recorder’s use Assessor’s Parcel Number 212-271-03-00 Project Number and Name CUP 2021-0014/ CDP 2021-0052/ HDP 2021-0003/ HMP 2021-0006, Veterans Memorial Park DECLARATION OF RESTRICTIVE COVENANTS This DECLARATION OF RESTRICTIVE COVENANTS (“Restrictive Covenant”) is made this ____ day of _________, 20 _ by the City of Carlsbad, a municipal corporation (hereinafter “Declarant”). R E C I T A L S A. Declarant is the developer of that certain real property in Carlsbad, County of San Diego, State of California, commonly referred to as Veterans Memorial Park, CUP 2021-0014/ CDP 2021-0052/ HDP 2021-0003/ HMP 2021-0006 (the “Project”). B. Declarant is the sole owner in fee simple of those open space portions of the Project located on APN 212-271-03-00 and as further described in legal descriptions attached hereto as Exhibit “A” and depicted on Exhibit “B” and attached hereto and incorporated by this reference (the “Restricted Property”), which consists of approximately 49.8 acres. C. This Restrictive Covenant provides mitigation for certain impacts of the Project, pursuant to requirements of Condition No. 16 and 17 of City of Carlsbad Planning Commission Resolution No. 7454, dated June 15, 2022 for the Project. This Restrictive Covenant is intended and shall be deemed to satisfy such requirement as to the Restricted Property. The amount of coastal sage scrub, southern maritime chaparral, riparian scrub and oak woodland to be preserved within the Restricted Property is 49.8 acres. D. The Restricted Property possesses wildlife and habitat values of great importance to the People of the State of California and currently is and will remain in a Natural Condition as defined herein and is intended to be preserved in its natural, scenic, open condition to maintain its ecological, historical, visual and educational values (collectively, “Conservation Values”). Attachment A June 24, 2025 Item #5 Page 7 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Assessor’s Parcel Number: 212-271-03-00 Project Number and Name: CUP 2021-0014/ CDP 2021-0052/ HDP 2021-0003/ HMP 2021-0006, Veterans Memorial Park 2 CA 09/24/2013 E. Declarant desires to preserve and protect the Restricted Property pursuant to the City of Carlsbad Preserves 2022-2026 Preserve Management Plan dated October, 2021 (“Management Plan”), an adaptive habitat management plan which may be revised from time to time and which is incorporated herein by this reference. F. The United States Fish and Wildlife Service (“USFWS”) has jurisdiction over the conservation, protection, restoration, enhancement and management of fish, wildlife and native plants and the habitats on which they depend under the Endangered Species Act, 16 U.S.C. Section 1531 et. seq., the Fish and Wildlife Coordination Act, 16 USC, Section 661-666c and other applicable federal laws. G. California Department of Fish and Wildlife (“CDFW”) has jurisdiction, pursuant to Fish and Game Code Section 1802, over the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of those species, and the Department of Fish and Game is authorized to hold easements for these purposes pursuant to Civil Code Section 815.3, Fish and Game Code Section 1348, and other provisions of California law. H. The City of Carlsbad (“City”) is a municipal corporation with a Habitat Management Plan for Natural Communities in the City of Carlsbad (“HMP”) adopted by its City Council in November 2004, with the overall goal of contributing to regional biodiversity and the viability of rare, unique or sensitive biological resources throughout the City and the larger region while allowing public and private development to occur consistent with the Carlsbad General Plan and Growth Management Plan. COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS NOW THEREFORE, Declarant hereby declares the Restricted Property shall be held, transferred, conveyed, leased, occupied or otherwise disposed of and used subject to the following restrictive covenants, which shall run with the land and be binding on Declarant’s heirs, successors in interest, administrators, assigns, lessees, or other occupiers and users of the Restricted Property or any portion of it. 1. Purpose. (a) The purpose of this Restrictive Covenant is to ensure the Restricted Property will be retained in perpetuity in a Natural Condition, defined below, and to prevent any use of the Restricted Property that will impair or interfere with the Conservation Values of the Restricted Property (the “Purpose”). Declarant intends that this Restrictive Covenant will confine the use of the Restricted Property to such activities, including without limitation, those involving the preservation and enhancement of native species and their habitat in a manner consistent with the habitat conservation purposes of this Restrictive Covenant. (b) The term “Natural Condition,” as referenced in the preceding paragraph and other portions of this Restrictive Covenant, shall mean the condition of the Restricted Property as it exists at the time this Restrictive Covenant is executed, as well as future enhancements or changes to the Restricted Property that occur directly as a result of the following activities: June 24, 2025 Item #5 Page 8 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Assessor’s Parcel Number: 212-271-03-00 Project Number and Name: CUP 2021-0014/ CDP 2021-0052/ HDP 2021-0003/ HMP 2021-0006, Veterans Memorial Park 3 CA 09/24/2013 (1) Habitat creation or restoration, including implementation, maintenance and monitoring activities, required by City of Carlsbad Planning Commission Resolution No. 7454, dated June 15, 2022 for the Project. (2) Compensatory mitigation measures, including implementation, maintenance and monitoring activities, as described in the Conceptual Mitigation Plan for the Veterans Memorial park Project prepared by RECON Environmental dated January, 2024 (“Mitigation Plan”), the cover page and Introduction of which are attached as Exhibit “E”; (3) In-perpetuity maintenance (“Long-Term Maintenance, Management, and Monitoring”), that occurs on the Restricted Property as described in the Management Plan and Section 6 herein; or (4) Activities described in Section 4 herein. (c) Declarant certifies to City, CDFW, and USFWS that, to Declarant’s actual knowledge, there are no structures or other man-made improvements existing on the Restricted Property, except for cement brow ditches, and structures within pre-existing easements. Declarant further certifies to City, CDFW, and USFWS that, to Declarant’s actual knowledge, there are no previously granted easements existing on the Restricted Property that interfere or conflict with the Purpose of this Restrictive Covenant as evidenced by the Title Report attached at Exhibit “C”. The current Natural Condition is evidenced in part by the depiction of the Restricted Property attached on Exhibit “D”, showing all relevant and plottable property lines, easements, dedications, improvements, boundaries and major, distinct natural features. Declarant has delivered further evidence of the Natural Condition to City, CDFW, and USFWS (1) a color aerial photograph of the Restricted Property at an appropriate scale taken as close in time as possible to the date this Restrictive Covenant is executed; (2) an overlay of the Restricted Property boundaries on that aerial photograph; and (3) on-site color photographs showing all natural features of the Restricted Property. (d) If a controversy arises with respect to the Natural Condition of the Restricted Property, City, CDFW, and/or USFWS shall not be foreclosed from utilizing any and all other relevant documents, surveys, photographs or other evidence or information to assist in the resolution of the controversy. (e) The term “Biological Monitor” shall mean an independent third-party consultant with knowledge of upland resources in the San Diego County area and expertise in the field of biology. 2. Declarant’s Duties. Declarant, its successors and assigns shall: (a) Undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities would be inconsistent with the Conservation Values and would violate the permitted uses of the Restricted Property set forth in this Restrictive Covenant; and June 24, 2025 Item #5 Page 9 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Assessor’s Parcel Number: 212-271-03-00 Project Number and Name: CUP 2021-0014/ CDP 2021-0052/ HDP 2021-0003/ HMP 2021-0006, Veterans Memorial Park 4 CA 09/24/2013 (b) Post and maintain signage in or adjacent to the boundary areas of the Restricted Property as described in Section 4(d); and (c) Comply with the terms of this Restrictive Covenant and cooperate with City, CDFW, and USFWS in the protection of the Conservation Values; and (d) Repair and restore damage to the Restrictive Property directly or indirectly caused by Declarant, Declarant’s guests, representatives or agents and third parties; provided, however, Declarant, its successors or assigns shall not engage in any repair or restoration work in the Restricted Property without first consulting with City, CDFW, and USFWS pursuant to Section 6; and (e) Undertake construction, maintenance and monitoring of mitigated areas pursuant to the Mitigation Plan until receipt of final approval of the success of the mitigation from City, CDFW, and USFWS (“City/CDFW/USFWS Final Approval”); and (f) Obtain any applicable governmental permits and approvals for any activity or use permitted by this Restrictive Covenant, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements; (g) Perform in-perpetuity Long-Term Maintenance, Management, and Monitoring set forth in Section 6 below; and (h) Perform an annual compliance inspection of the Restricted Property, prepare an inspection report and shall make reports available to City, CDFW, and USFWS upon request. 3. Prohibited Uses. Any activity on or use of the Restricted Property inconsistent with the Purpose of this Restrictive Covenant and not reserved as set forth in Section 4 hereof is prohibited. Without limiting the generality of the foregoing, the following uses by Declarant, and its respective guests, agents, assigns, employees, representatives, successors and third parties, are expressly prohibited, except as otherwise provided herein or unless specifically provided for in the Mitigation Plan, Management Plan and any easements and reservations of rights recorded in the chain of title to the Restricted Property at the time of this conveyance (as set forth in Exhibit C hereto): (a) Supplemental watering except for habitat enhancement activities described in Section 4(b); (b) Use of herbicides, pesticides, rodenticides, biocides, fertilizers, or other agricultural chemicals or weed abatement activities, except weed abatement activities necessary to control or remove invasive, exotic plant species conducted by a herbicide applicator licensed to work within habitat preserve areas; (c) Incompatible fire protection activities, except the fire prevention activities set forth in Section 4(f); June 24, 2025 Item #5 Page 10 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Assessor’s Parcel Number: 212-271-03-00 Project Number and Name: CUP 2021-0014/ CDP 2021-0052/ HDP 2021-0003/ HMP 2021-0006, Veterans Memorial Park 5 CA 09/24/2013 (d) Use of off-road vehicles and use of any other motorized vehicles except on existing roadways and as necessary to restore native plant communities consistent with Section 4. (e) Livestock grazing or other agricultural activity of any kind; (f) Recreational activities including, but not limited to, horseback riding, biking, hunting or fishing, except as allowed in the Management Plan and 2019 City of Carlsbad Trails Master Plan; (g) Residential, commercial, retail, institutional, or industrial uses; (h) Any legal or de facto division, subdivision or portioning of the Restricted Property, except transfers in accordance with Section 17 below; (i) Construction, reconstruction or placement of any building or other improvement, billboard, or signs except signs permitted in Section 2(b) and Section 4(d); (j) Depositing, dumping or accumulating soil, trash, ashes, refuse, waste, bio-solids or any other material; (k) Planting, introduction or dispersal of non-native or exotic plant or animal species; (l) Filling, dumping, excavating, draining, dredging, mining, drilling, removing or exploring for or extraction of minerals, loam, gravel, soil, rock, sand or other material on or below the surface of the Restricted Property; (m) Altering the general topography of the Restricted Property, including but not limited to expanding or building of new roads, trails, and flood control work; (n) Removing, destroying, or cutting of trees, shrubs or other vegetation, except as necessary for (1) emergency fire protection as required by fire safety officials as set forth in Section 4(f), (2) controlling invasive, exotic plants which threaten the integrity of the habitat, (3) preventing or treating disease, (4) completing the Mitigation Plan, (5) preventing vegetation from overtaking a formal, approved trail pursuant to the 2019 City of Carlsbad Trails Master Plan or (5) activities described in Section 2, Section 4 and Section 13; (o) Manipulating, impounding or altering any natural watercourse, body of water or water circulation on the Restricted Property, and activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub-surface waters; and (p) Fuel modification zones (defined as a strip of mowed land or the planting of vegetation possessing low combustibility for purposes of fire suppression). 4. Declarant’s Reserved Rights. Declarant reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Restricted Property, including the right to engage in or to permit or invite others to engage in all uses of the Restricted Property that are consistent with the Purpose of this Restrictive Covenant, including the following uses: June 24, 2025 Item #5 Page 11 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Assessor’s Parcel Number: 212-271-03-00 Project Number and Name: CUP 2021-0014/ CDP 2021-0052/ HDP 2021-0003/ HMP 2021-0006, Veterans Memorial Park 6 CA 09/24/2013 (a) Access. Reasonable access through the Restricted Property to adjacent land over existing roads, or to perform obligations or other activities permitted by this Restrictive Covenant. In addition, police and other public safety organizations and their personnel may enter the Restricted Property to address any legitimate public health or safety matter. (b) Habitat Enhancement Activities. Enhancement of native plant communities, including the right to plant trees and shrubs of the same type as currently existing on the Restricted Property, so long as such activities do not harm the native habitat. For purposes of preventing erosion and reestablishing native vegetation, the Declarant shall have the right to revegetate areas that may be damaged by the permitted activities under this Section 4, naturally occurring events or by the acts of persons wrongfully damaging the Natural Condition of the Restricted Property. Prior to any habitat enhancement activities, Declarant shall have its Biological Monitor submit detailed plans to City, CDFW, and USFWS for review and approval. Habitat enhancement activities shall not be in direct or potential conflict with the preservation of the Natural Condition of the Restricted Property or the Purpose of this Restrictive Covenant and shall be performed in compliance with all applicable laws, regulations, permitting requirements and Management Plan. (c) Vegetation, Debris, and Exotic Species Removal. Removal or trimming of vegetation downed or damaged due to natural disaster, removal of man-made debris, removal of parasitic vegetation (as it relates to the health of the host plant) and removal of non-native or exotic plant or animal species. Vegetation, debris, and exotic plant species removal shall not be in direct or potential conflict with the preservation of the Natural Condition of the Restricted Property or the Purpose of this Restrictive Covenant and shall be performed in compliance with all applicable laws, regulations, permitting requirements, and Management Plan. (d) Erection and Maintenance of Informative Signage. Erection and maintenance of signage and other notification features saying “Natural Area Open Space,” “Protected Natural Area,” or similar descriptions that inform persons of the nature and restrictions on the Restricted Property. Prior to erection of such signage, the Declarant shall submit detailed plans showing the location of such signs to City, CDFW, and USFWS for review and approval. The erection and maintenance of informative signage shall not be in direct or potential conflict with the preservation of the Natural Condition of the Restricted Property or the Purpose of this Restrictive Covenant and shall be performed in compliance with all applicable laws, regulations, and permitting requirements. (e) No Interference with Development of Adjoining Property. Notwithstanding anything set forth herein to the contrary, nothing in this Restrictive Covenant is intended nor shall be applied to in any way limit Declarant or any of Declarant’s successors and assigns from (1) constructing, placing, installing, and/or erecting any improvements upon the portions of the Project not constituting the Restricted Property, (2) installing and/or maintaining the subsurface infrastructure improvements, utility lines, landscaping (including irrigation and runoff), landscape mitigation, and/or similar non-structural improvements within the Restricted Property, and/or (3) developing adjoining property for any purposes, except as limited by any local, state or federal permit requirements for such development and provided that for all of the above clauses (1), (2), and (3) neither such activity nor any effect resulting from such activity amounts to a use of the Restricted Property, or has an impact upon the Restricted Property, that is prohibited by Section 3 above. June 24, 2025 Item #5 Page 12 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Assessor’s Parcel Number: 212-271-03-00 Project Number and Name: CUP 2021-0014/ CDP 2021-0052/ HDP 2021-0003/ HMP 2021-0006, Veterans Memorial Park 7 CA 09/24/2013 (f) Fire Protection. The right, in an emergency situation only, to maintain firebreaks (defined as a strip of plowed or cleared land made to check the spread of a fire), trim or remove brush, otherwise perform preventative measures required by the fire department to protect structures and other improvements from encroaching fire. All other brush management activities shall be limited to areas outside the Restricted Property. 5. Access. This Restrictive Covenant does not convey a general right of access to the public or a general right of access to the Restricted Property. In accordance with Section 4(d), Declarant shall install signage at all likely points of entry informing persons of the nature and restrictions on the Restricted Property. This Restrictive Covenant will allow for access to the Restricted Property by City, CDFW, USFWS and third-party easement holders of record at the time of this conveyance at locations designated in easements and reservations of rights recorded in the chain of title to the Restricted Property at the time of this conveyance 6. Long-Term Maintenance, Management, and Monitoring. In addition to the other terms contained herein, Declarant, its successor or assign shall be responsible for the maintenance/repair of the Restricted Property in perpetuity. Such long-term maintenance shall consist of the following activities: (a) annual removal, by hand, of trash or man- made debris, (b) annual maintenance of signage and other notification features or similar descriptions that inform persons of the nature and restrictions on the Restricted Property pursuant to Section 2(b), (c) implement its responsibilities under the Management Plan and any amendments thereto, and (d) annual restoration of the Restricted Property damaged by any activities prohibited by Section 3 herein. Declarant, its successors and assigns shall prepare a monitoring and maintenance report documenting activities performed under subsections (a) through (c) above, and shall make reports available to City/CDFW/USFWS upon request. When activities are performed pursuant to subsection (d) above, Declarant shall retain a qualified Biological Monitor to prepare a Restoration Plan and to oversee/monitor such restoration activities. Declarant shall have its Biological Monitor submit a draft Restoration Plan to City/CDFW/USFWS for review and approval prior to its implementation. Upon completion of restoration as specified in the City/CDFW/USFWS -approved Restoration Plan, Declarant shall have its Biological Monitor prepare a detailed monitoring report, and Declarant shall make the report available to City/CDFW/USFWS within thirty (30) days of completion of restoration activities. Declarant, its successors or assigns and the Biological Monitor shall sign the monitoring report, and the report shall document the Biological Monitor’s name and affiliation, dates Biological Monitor was present on-site, activities observed and their location, Biological Monitor’s observations regarding the adequacy of restoration performance by the Declarant, its successors or assigns, or its contractor in accordance with the City/CDFW/USFWS -approved Restoration Plan, corrections recommended and implemented. 7. Funding Declarant shall be responsible for funding of all long-term maintenance, monitoring, and ongoing management on the Restricted Property pursuant to the Management Plan and Section 6, herein. June 24, 2025 Item #5 Page 13 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Assessor’s Parcel Number: 212-271-03-00 Project Number and Name: CUP 2021-0014/ CDP 2021-0052/ HDP 2021-0003/ HMP 2021-0006, Veterans Memorial Park 8 CA 09/24/2013 8. City, CDFW, USFWS Rights. To accomplish the Purpose of this Restrictive Covenant, Declarant hereby grants and conveys the following rights to City, CDFW, USFWS (but without obligation of the City, CDFW, USFWS): (a) A non-exclusive easement on and over the Restricted Property to preserve and protect the Conservation Values of the Restricted Property; and (b) A non-exclusive easement on and over the Restricted Property to enter upon the Restricted Property to monitor Declarant’s compliance with and to otherwise enforce the terms of this Restrictive Covenant; and (c) A non-exclusive easement on and over the Restricted Property to prevent any activity on or use of the Restricted Property that is inconsistent with the Purpose of this Restrictive Covenant and to require the restoration of such areas or features of the Restricted Property that may be damaged by any act, failure to act, or any use that is inconsistent with the Purpose of this Restrictive Covenant; and (d) All present and future development rights allocated, implied, reserved or inherent in the Property; such rights are hereby terminated and extinguished, and may not be used on or transferred to any portion of the Property, nor any other property adjacent or otherwise; and (e) The right to enforce by means, including, without limitation, injunctive relief, the terms and conditions of this Restrictive Covenant. 9. Enforcement. (a) Right to Enforce. Declarant, its successors and assigns, grant to City, CDFW, USFWS, Department of Justice, and the State Attorney General a discretionary right to enforce these restrictive covenants in a judicial or administrative action against any person(s) or other entity(ies) violating or attempting to violate these restrictive covenants; provided, however, that no violation of these restrictive covenants shall result in a forfeiture or reversion of title. The rights under this Section are in addition to, and do not limit rights conferred in Section 8 above. (b) Notice. (1) If City, CDFW, and/or USFWS determines Declarant is in violation of the terms of this Restrictive Covenant or that a violation is threatened, City/CDFW/USFWS may demand the cure of such violation. In such a case, City/CDFW/USFWS shall issue a written notice to Declarant (hereinafter “Notice of Violation”) informing Declarant of the violation and demanding cure of such violation. (2) Declarant shall cure the noticed violation within fifteen (15) days of receipt of said written notice from City, CDFW, and/or USFWS. If said cure reasonably requires more than fifteen (15) days, Declarant shall, within the fifteen (15) day June 24, 2025 Item #5 Page 14 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Assessor’s Parcel Number: 212-271-03-00 Project Number and Name: CUP 2021-0014/ CDP 2021-0052/ HDP 2021-0003/ HMP 2021-0006, Veterans Memorial Park 9 CA 09/24/2013 period submit to City/CDFW/USFWS for review and approval a plan and time schedule to diligently complete a cure. Declarant shall complete such cure in accordance with the approved plan. If Declarant disputes the Notice of Violation, it shall issue a written notice of such dispute (hereinafter “Notice of Dispute”) to the City/CDFW/USFWS within fifteen (15) days of receipt of written notice of violation. (3) If Declarant fails to cure the noticed violation(s) within the time period(s) described in Section 9(b)(2) above, or Section 9(c) below, City/CDFW/USFWS may bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by Declarant with the terms of this Restrictive Covenant. In such action, the City/CDFW/USFW may (i) enjoin the violation, ex parte if necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies, or (ii) pursue other equitable relief, including, but not limited to, the restoration of the Restricted Property to the condition in which it existed prior to any such violation or injury. City/CDFW/USFWS may not recover any damages to which they may be entitled for violation by Declarant of the terms of this Restrictive Covenant, and any party enforcing compliance with the terms of this Restrictive Covenant does so at their own cost and expense. (4) If Declarant provides City/CDFW/USFWS with a notice of dispute, as provided herein, City/CDFW/USFWS shall meet and confer with Declarant at a mutually agreeable place and time, not to exceed thirty (30) days from the date that City/CDFW/USFWS receives the notice of dispute. City/CDFW/USFWS shall consider all relevant information concerning the disputed violation provided by Declarant and shall determine whether a violation has in fact occurred and, if so, whether the notice of violation and demand for cure issued by City/CDFW/USFWS is appropriate in light of the violation. (5) If, after reviewing Declarant’s notice of dispute, conferring with Declarant, and considering all relevant information related to the violation, City/CDFW/ and/or USFWS determines that a violation has occurred, City/CDFW/USFWS shall give Declarant notice of such determination in writing. Upon receipt of such determination, Declarant shall have fifteen (15) days to cure the violation. If said cure reasonably requires more than fifteen (15) days, Declarant shall, within the fifteen (15) day period submit to City/CDFW/USFWS/ for review and approval a plan and time schedule to diligently complete a cure. Declarant shall complete such cure in accordance with the approved plan. (c) Immediate Action. If City/CDFW/USFWS, in its reasonable discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Restricted Property, City/CDFW/USFWS may immediately pursue all available remedies, including injunctive relief, available pursuant to both this Restrictive Covenant and state and federal law after giving Declarant at least twenty four (24) hours’ written notice before pursuing such remedies. So long as such twenty four (24) hours’ notice is given, City/CDFW/USFWS may immediately pursue all available remedies without waiting for the expiration of the time periods provided for cure or notice of dispute as described in Section 9(b)(2). June 24, 2025 Item #5 Page 15 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Assessor’s Parcel Number: 212-271-03-00 Project Number and Name: CUP 2021-0014/ CDP 2021-0052/ HDP 2021-0003/ HMP 2021-0006, Veterans Memorial Park 10 CA 09/24/2013 The written notice pursuant to this paragraph may be transmitted to Declarant by facsimile. The rights of City/CDFW/USFWS under this paragraph apply equally to actual or threatened violations of the terms of this Restrictive Covenant. Declarant agrees that the remedies at law for City/CDFW/USFWS for any violation of the terms of this Restrictive Covenant are inadequate and that City/CDFW/USFWS shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which City/CDFW/USFWS may be entitled, including specific performance of the terms of this Restrictive Covenant, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies described in this Section 9(c) shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. (d) Costs of Enforcement. Any costs incurred by City/CDFW/USFWS in enforcing the terms of this Restrictive Covenant against Declarant including, but not limited to, costs of suit and, any costs of restoration necessitated by Declarant’s violation or negligence under the terms of this Restrictive Covenant shall be borne by Declarant, subject to California Civil Code section 815. (e) Enforcement Discretion. Enforcement of the terms of this Restrictive Covenant shall be at the discretion of City/CDFW/USFWS. Any forbearance by City/CDFW/USFWS to exercise rights under this Restrictive Covenant in the event of any breach of any term of this Restrictive Covenant by Declarant shall not be deemed or construed to be a waiver by City/CDFW/USFWS of such term or of any subsequent breach of the same or any other term of this Restrictive Covenant or of any of the rights of City/CDFW/USFWS under this Restrictive Covenant. No delay or omission by City/CDFW/USFWS in the exercise of any right or remedy upon any breach by Declarant shall impair such right or remedy or be construed as a waiver. (f) Acts Beyond Declarant’s Control. Nothing contained in this Restrictive Covenant shall be construed to entitle City/CDFW/USFWS to bring any action against Declarant for any injury to or change in the Restricted Property resulting from: (1) Any natural cause beyond Declarant’s control, including without limitation, fire, flood, storm, and earth movement; or (2) Any prudent action taken by Declarant under emergency conditions to prevent, abate, or mitigate significant injury to persons and/or the Restricted Property resulting from such causes. 10. Costs and Liabilities. Declarant, or its successor or assign retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Restricted Property. Declarant agrees City, CDFW, and USFWS shall not have any duty or responsibility for the operation, upkeep, or maintenance of the Restricted Property, the monitoring of hazardous conditions thereon, or the protection of Declarant, the public or any third parties from risks relating to conditions on the Restricted Property. Declarant, its successor or assign remains solely responsible for obtaining any applicable governmental permits and approvals for any activity or use permitted by this Restrictive Covenant, and any activity or use shall be undertaken June 24, 2025 Item #5 Page 16 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Assessor’s Parcel Number: 212-271-03-00 Project Number and Name: CUP 2021-0014/ CDP 2021-0052/ HDP 2021-0003/ HMP 2021-0006, Veterans Memorial Park 11 CA 09/24/2013 in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders and requirements. 11. Taxes. Declarant, its successors or assigns shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Restricted Property by competent authority, including any taxes imposed upon, or incurred as a result of, this Restrictive Covenant, and agrees to furnish City, CDFW, and USFWS with satisfactory evidence of payment upon request. 12. No Hazardous Materials Liability. (a) Declarant represents and warrants that it has no knowledge of any release or threatened release of Hazardous Materials (defined below) in, on, under, about or affecting the Restricted Property. (b) Despite any contrary provision of this Restrictive Covenant, the parties do not intend this Restrictive Covenant to be, and this Restrictive Covenant shall not be, construed such that it creates in or gives City, CDFW, and USFWS any of the following: (1) The obligations or liabilities of an “owner” or “operator,” as those terms are defined and used in Environmental Laws (defined below), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 et seq.; hereinafter, “CERCLA”); or (2) The obligations or liabilities of a person described in 42 U.S.C. Section 9607(a)(3) or (4); or (3) The obligations of a responsible person under any applicable Environmental Laws; or (4) The right to investigate and remediate any Hazardous Materials associated with the Restricted Property; or (5) Any control over Declarant's ability to investigate, remove, remediate or otherwise clean up any Hazardous Materials associated with the Restricted Property. (c) The term “Hazardous Materials” includes, without limitation, (a) material that is flammable, explosive or radioactive; (b) petroleum products, including by-products and fractions thereof; and (c) hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in CERCLA, the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. Section 5101 et seq.); the Hazardous Waste Control Law (California Health & Safety Code Section 25100 et seq.); the Hazardous Substance Account Act (California Health & Safety Code Section 25300 et seq.), and in the regulations adopted and publications promulgated pursuant to them, or any other applicable June 24, 2025 Item #5 Page 17 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Assessor’s Parcel Number: 212-271-03-00 Project Number and Name: CUP 2021-0014/ CDP 2021-0052/ HDP 2021-0003/ HMP 2021-0006, Veterans Memorial Park 12 CA 09/24/2013 federal, state or local laws, ordinances, rules, regulations or orders now in effect or enacted after the date of this Restrictive Covenant. (d) The term “Environmental Laws” includes, without limitation, any federal, state, local or administrative agency statute, ordinance, rule, regulation, order or requirement relating to pollution, protection of human health or safety, the environment or Hazardous Materials. Declarant represents, warrants and covenants to City, CDFW, and USFWS that activities upon and use of the Restricted Property by Declarant, its agents, employees, invitees and contractors will comply with all Environmental Laws. 13. Additional Easements. Declarant shall not grant any additional easements, rights of way or other interests in the surface or subsurface of the Restricted Property (other than a security interest that is subordinate to this Restrictive Covenant), or grant or otherwise abandon or relinquish any water rights relating to the Restricted Property, without first obtaining the written consent of City, CDFW, and USFWS. City, CDFW, and/or USFWS may withhold such consent if it determines that the proposed interest or transfer is inconsistent with the Purpose of this Restrictive Covenant or will impair or interfere with the Conservation Values of the Restricted Property. This Section shall not prohibit transfer of a fee or leasehold interest in the Restricted Property that is subject to this Restrictive Covenant and complies with Section 17 below. Declarant, its successors and assigns shall record any additional easements or other interests in the Restricted Property approved by the City, CDFW, and USFWS in the official records of San Diego County, California and provide a copy of the recorded document to the City, CDFW, and USFWS. 14. [Intentionally Omitted] 15. Amendment. Declarant may amend this Restrictive Covenant only after written concurrence by City, CDFW, and USFWS. Any such amendment shall be consistent with the Purpose of this Restrictive Covenant and shall not affect its perpetual duration. Declarant shall record any amendments to this Restrictive Covenant approved by City, CDFW, and USFWS in the official records of San Diego County, California, and shall provide a copy of the recorded document to City, CDFW, and USFWS. 16. Recordation. Declarant, its successor or assign shall promptly record this instrument in the official records of San Diego County, California, and provide a copy of the recorded document to City, CDFW, and USFWS. 17. Assignment and Subsequent Transfers. (a) Declarant agrees to incorporate the terms of this Restrictive Covenant in any deed or other legal instrument by which Declarant divests itself of any interest in all or a portion of the Restricted Property. Declarant, its successor or assign agrees to (i) incorporate by reference to the title of and the recording information for this Restrictive Covenant in any deed or other legal June 24, 2025 Item #5 Page 18 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Assessor’s Parcel Number: 212-271-03-00 Project Number and Name: CUP 2021-0014/ CDP 2021-0052/ HDP 2021-0003/ HMP 2021-0006, Veterans Memorial Park 13 CA 09/24/2013 instrument by which each divests itself of any interest in all or a portion of the Restricted Property, including, without limitation, a leasehold interest and (ii) give actual notice to any such transferee or lessee of the existence of this Restrictive Covenant. Declarant, its successor or assign agrees to give written notice to City, CDFW, and USFWS of the intent to transfer any interest at least thirty (30) days prior to the date of such transfer. Any subsequent transferee shall be deemed to have assumed the obligations of this Restrictive Covenant and to have accepted the restrictions contained herein. The failure of Declarant, its successor or assign to perform any act provided in this Section shall not impair the validity of this Restrictive Covenant or limit its enforceability in any way. Additionally, any successors or assigns will be required to hold harmless, protect and indemnify City and its, officials, directors, employees, agents, contractors, and representatives from and against any and all liabilities, penalties, costs, losses, damages, expenses (including, without limitation, reasonable attorneys' fees and experts' fees), causes of action, claims, demands, orders, liens or judgments arising from or in any way connected with: injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property. (b) From and after the date of any transfer of all or any portion of the Restricted Property by Declarant and each transfer thereafter, (i) the transferee shall be deemed to have assumed all of the obligations of Declarant as to the portion transferred, as set forth in this Restrictive Covenant, (ii) the transferee shall be deemed to have accepted the restrictions contained herein as to the portion transferred, (iii) the transferor, as applicable, shall have no further obligations hereunder except for the obligations set forth above in this paragraph and pursuant to Section 24, and (iv) all references to Declarant in this Restrictive Covenant shall thereafter be deemed to refer to such transferee. 18. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and be served personally or sent by first class mail, postage prepaid, addressed as follows: To Declarant: City of Carlsbad c/o City Manager 1635 Faraday Avenue Carlsbad, CA 92008 To: California Dept. of Fish and Wildlife, Region 5 3883 Ruffin Road San Diego, CA 92123 US Fish and Wildlife Service 2177 Salk Avenue, Suite 250 Carlsbad, CA 92008 or to such other address as either party shall designate by written notice to the other. Notice shall be deemed effective upon delivery in the case of personal delivery or, in the case of delivery by first class mail, five (5) days after deposit into the United States mail. June 24, 2025 Item #5 Page 19 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Assessor’s Parcel Number: 212-271-03-00 Project Number and Name: CUP 2021-0014/ CDP 2021-0052/ HDP 2021-0003/ HMP 2021-0006, Veterans Memorial Park 14 CA 09/24/2013 19. Controlling Law and Venue. The laws of the United States and the State of California shall govern the interpretation and performance of this Restrictive Covenant. Any action at law or in equity brought for the purpose of enforcing a right or rights provided for by this Restrictive Covenant will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 20. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Restrictive Covenant shall be liberally construed in favor of the deed to effect the purpose of this Restrictive Covenant and the policy and purpose California Civil Code Section 815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Restrictive Covenant that would render the provision valid shall be favored over any interpretation that would render it invalid. 21. Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Restrictive Covenant, such action shall not affect the remainder of this Restrictive Covenant. If a court of competent jurisdiction voids or invalidates the application of any provision of this Restrictive Covenant to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. 22. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Declarant’s title in any respect. 23. Successors. The covenants, terms, conditions, and restrictions of this Restrictive Covenant shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Restricted Property. 24. Termination of Rights and Obligations. A party’s rights and obligations under this Restrictive Covenant terminate upon transfer of the party’s interest in the Restrictive Covenant or Restricted Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 25. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 26. City, CDFW, and USFWS Benefited Parties June 24, 2025 Item #5 Page 20 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 June 24, 2025 Item #5 Page 21 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Assessor’s Parcel Number: Project Number and Name: 16 CA 02/04/13 EXHIBIT A – LEGAL DESCRIPTION June 24, 2025 Item #5 Page 22 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Page 1 of 12 EXHIBIT A LEGAL DESCRIPTION VESTING: CITY OF CARLSBAD ASSESSOR PARCEL NUMBER: 212-271-03 PARCEL 1 THAT PORTION OF LOT 10, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP 15902 RECORDED MARCH 4, 2013 AS FILE NO. 2013-0139681 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 10; THENCE ALONG THE NORTH LINE OF SAID LOT 10 NORTH 86°50’44” WEST 1365.66 FEET; THENCE LEAVING SAID NORTH LINE OF LOT 10 SOUTH 00°11’12” EAST 24.60 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°01’00” AN ARC LENGTH OF 4.54 FEET; THENCE SOUTH 13°12’12” EAST 3.26 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 200.00 FEET, A RADIAL LINE TO WHICH BEARS SOUTH 12°03’51” WEST; THENCE EASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 5°06’44” AN ARC LENGTH OF 17.85 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 47.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35°05’13” AN ARC LENGTH OF 28.78 FEET; THENCE SOUTH 47°57’40” EAST 99.47 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 120.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8°28’49” AN ARC LENGTH OF 17.76 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 90.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°03’56” AN ARC LENGTH OF 26.81 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 113.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48°46’42” AN ARC LENGTH OF 96.20 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32°39’45” AN ARC LENGTH OF 28.50 FEET; THENCE SOUTH 40°25’50” EAST 31.53 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 160.00 FEET; June 24, 2025 Item #5 Page 23 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Page 2 of 12 THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°49’25” AN ARC LENGTH OF 55.36 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 13.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°46’15” AN ARC LENGTH OF 5.39 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 70.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42°21’28” AN ARC LENGTH OF 51.75 FEET; THENCE SOUTH 33°33’29” EAST 20.85 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 33°37’53” WEST; THENCE EASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 31°49’20” AN ARC LENGTH OF 11.11 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 60.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28°37’25” AN ARC LENGTH OF 29.97 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 370.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°15’52” AN ARC LENGTH OF 59.83 FEET; THENCE NORTH 72°27’00” EAST 27.14 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 130.00 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 27°06’46” WEST; THENCE EASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 22°15’51” AN ARC LENGTH OF 50.52 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 452.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°22’24” AN ARC LENGTH OF 184.39 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 65.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°35’10” AN ARC LENGTH OF 16.55 FEET; THENCE SOUTH 56°53’21” EAST 12.74 FEET; THENCE SOUTH 82°34’39” EAST 20.95 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 560.00 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 11°36’12” WEST; THENCE EASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 17°15’01” AN ARC LENGTH OF 168.60 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 475.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°36’31” AN ARC LENGTH OF 63.08 FEET TO THE SOUTHERLY LINE OF PARCEL A DESCRIBED IN THAT DECLARATION OF RESTRICTIVE COVENANTS RECORDED APRIL 25, 2019 AS DOCUMENT NO.: 2019-0151961 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID June 24, 2025 Item #5 Page 24 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Page 3 of 12 COUNTY, BEING A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1100.64 FEET, A RADIAL LINE TO WHICH BEARS NORTH 22°02’26” EAST; THENCE ALONG SAID PARCEL A THE FOLLOWING COURSES: WESTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 6°28’31” AN ARC LENGTH OF 124.39 FEET TO AN ANGLE POINT IN SAID PARCEL A BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 120.00 FEET, A RADIAL LINE TO WHICH BEARS NORTH 74°27’41” WEST; THENCE NORTH AND EAST ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 73°52’37” AN ARC LENGTH OF 154.73 FEET; THENCE NORTH 89°24’55” EAST 117.13 FEET; THENCE SOUTH 56°18’37” EAST 14.72 FEET; THENCE NORTH 62°13’38” EAST 169.96 FEET; THENCE SOUTH 61°02’33” EAST 27.89 FEET; THENCE SOUTH 47°19’05” EAST 16.30 FEET; THENCE SOUTH 37°06’27” EAST 29.64 FEET; THENCE LEAVING SAID PARCEL A SOUTH 34°14’18” EAST 5.09 FEET TO THE TRUE POINT OF BEGINNING OF PARCEL B OF SAID DECLARATION OF RESTRICTIVE COVENANTS; THENCE ALONG SAID PARCEL B THE FOLLOWING COURSES: SOUTH 16°06’52” EAST 16.30 FEET; THENCE SOUTH 03°28’54” WEST 21.24 FEET; THENCE SOUTH 16°52’03” WEST 21.71 FEET; THENCE SOUTH 14°08’58” WEST 36.68 FEET; THENCE SOUTH 37°37’26” WEST 20.14 FEET; THENCE SOUTH 03°22’17” WEST 51.28 FEET; THENCE SOUTH 07°15’35” EAST 64.56 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 300.00 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 74°59’22” EAST; THENCE SOUTHERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 17°33’23” AN ARC LENGTH OF 91.92 FEET; THENCE SOUTH 08°19’37” WEST 60.44 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 315.24 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 57°20’12” WEST; June 24, 2025 Item #5 Page 25 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Page 4 of 12 THENCE SOUTHERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 34°40’42” AN ARC LENGTH OF 190.80 FEET; THENCE SOUTH 16°41’48” WEST 68.62 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 200.00 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 53°07’50” EAST; THENCE SOUTH AND WEST ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 33°02’18” AN ARC LENGTH OF 115.33 FEET; THENCE NORTH 87°28’37” WEST 10.03 FEET; THENCE SOUTH 73°38’32” WEST 16.11 FEET; THENCE SOUTH 88°20’00” WEST 12.04 FEET TO A POINT HEREIN DESIGNATED POINT A; THENCE SOUTH 75°22’55” WEST 12.76 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 165.00 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 83°42’34” WEST; THENCE LEAVING SAID PARCEL B SOUTHERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 30°15’53” AN ARC LENGTH OF 87.16 FEET; THENCE SOUTH 23°58’27” EAST 26.48 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 115.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39°48’07” AN ARC LENGTH OF 79.89 FEET; THENCE SOUTH 15°49’40” WEST 99.07 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 500.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6°26’14” AN ARC LENGTH OF 56.18 FEET; THENCE SOUTH 09°23’26” WEST 68.30 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 33.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°35’08” AN ARC LENGTH OF 18.19 FEET; THENCE SOUTH 38°22’53” EAST 8.43 FEET; THENCE NORTH 90°00’00” EAST 24.31 FEET; THENCE NORTH 67°14’59” EAST 23.34 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 160.00 FEET, A RADIAL LINE TO WHICH BEARS NORTH 33°47’42” WEST; THENCE NORTHEASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 15°06’07” AN ARC LENGTH OF 42.17 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 25.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43°08’26” AN ARC LENGTH OF 18.82 FEET; June 24, 2025 Item #5 Page 26 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Page 5 of 12 THENCE NORTH 57°38’04” EAST 9.34 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 32.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25°17’44” AN ARC LENGTH OF 14.13 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 120.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°03’26” AN ARC LENGTH OF 21.06 FEET; THENCE NORTH 75°28’20” EAST 24.07 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 125.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°37’08” AN ARC LENGTH OF 31.89 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 93.00 FEET, A RADIAL LINE TO WHICH BEARS NORTH 42°42’58” WEST; THENCE NORTHEASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 39°11’05” AN ARC LENGTH OF 63.60 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 275.00 FEET, A RADIAL LINE TO WHICH BEARS NORTH 03°31’12” WEST; THENCE EASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 15°25’01” AN ARC LENGTH OF 74.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 700.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°12’51” AN ARC LENGTH OF 39.27 FEET; THENCE SOUTH 61°54’44” EAST 29.27 FEET; THENCE SOUTH 55°42’47” EAST 23.11 FEET; THENCE SOUTH 30°04’07” EAST 19.06 FEET; THENCE SOUTH 22°14’56” EAST 20.63 FEET; THENCE SOUTH 09°05’25” EAST 21.88 FEET; THENCE SOUTH 05°02’14” EAST 79.30 FEET; THENCE SOUTH 11°53’43” EAST 181.10 FEET; THENCE SOUTH 09°27’44” EAST 37.00 FEET; THENCE SOUTH 03°38’59” WEST 34.53 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 33.00 FEET, A RADIAL LINE TO WHICH BEARS NORTH 12°14’48” EAST; THENCE SOUTHEASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 99°57’22” AN ARC LENGTH OF 57.57 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 38.00 FEET; June 24, 2025 Item #5 Page 27 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Page 6 of 12 THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 67°19’18” AN ARC LENGTH OF 44.65 FEET; THENCE SOUTH 89°31’28” WEST 39.32 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 42.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°04’47” AN ARC LENGTH OF 26.45 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 255.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34°36’45” AN ARC LENGTH OF 154.05 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 90.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°51’27” AN ARC LENGTH OF 46.90 FEET; THENCE SOUTH 11°01’31” EAST 62.27 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 120.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30°41’16” AN ARC LENGTH OF 64.27 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 110.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°25’41” AN ARC LENGTH OF 44.98 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 35.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59°04’41” AN ARC LENGTH OF 36.09 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1165.00 FEET, A RADIAL LINE TO WHICH BEARS SOUTH 10°03’21” WEST; THENCE EASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 10°00’45” AN ARC LENGTH OF 203.59 FEET; THENCE NORTH 72°54’32” EAST 8.51 FEET; THENCE NORTH 64°03’30” EAST 7.41 FEET; THENCE NORTH 71°56’51” EAST 93.52 FEET; THENCE NORTH 69°34’27” EAST 24.23 FEET; THENCE NORTH 64°52’38” EAST 48.78 FEET; THENCE NORTH 44°47’33” EAST 28.27 FEET; THENCE NORTH 62°03’55” EAST 47.22 FEET; THENCE NORTH 69°29’41” EAST 22.63 FEET; THENCE SOUTH 83°58’04” EAST 23.97 FEET; THENCE SOUTH 53°37’31” EAST 36.95 FEET; June 24, 2025 Item #5 Page 28 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Page 7 of 12 THENCE NORTH 17°16’03” EAST 41.01 FEET; THENCE NORTH 35°15’35” EAST 53.91 FEET; THENCE NORTH 54°33’03” EAST 19.11 FEET; THENCE SOUTH 37°51’27” EAST 80.57 FEET; THENCE SOUTH 83°01’23” EAST 26.13 FEET; THENCE NORTH 85°20’58” EAST 24.51 FEET; THENCE NORTH 46°13’44” EAST 30.90 FEET; THENCE NORTH 24°37’43” EAST 30.65 FEET; THENCE NORTH 05°19’19” EAST 43.30 FEET; THENCE NORTH 34°35’22” EAST 27.69 FEET; THENCE NORTH 78°36’38” EAST 26.37 FEET; THENCE SOUTH 71°34’04” EAST 37.64 FEET; THENCE NORTH 84°11’55” EAST 54.00 FEET; THENCE NORTH 67°49’56” EAST 23.88 FEET; THENCE NORTH 34°28’01” EAST 25.59 FEET; THENCE NORTH 25°07’13” EAST 27.25 FEET; THENCE NORTH 46°48’04” EAST 23.34 FEET; THENCE NORTH 62°40’24” EAST 23.35 FEET; THENCE NORTH 75°49’29” EAST 25.22 FEET; THENCE SOUTH 89°08’50” EAST 41.88 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1130.00 FEET, A RADIAL LINE TO WHICH BEARS SOUTH 41°22’51” EAST; THENCE NORTHEASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 35°23’26” AN ARC LENGTH OF 697.98 FEET; THENCE NORTH 13°13’43” EAST 101.03 FEET TO THE EASTERLY LINE OF SAID LOT 10; THENCE ALONG SAID EASTERLY LINE OF LOT 10, NORTH 10°25’34” WEST 270.97 FEET TO AN ANGLE POINT IN SAID LOT 10; THENCE CONTINUING ALONG SAID LOT 10, NORTH 86°50’41” WEST 1378.73 FEET TO AN ANGLE POINT IN SAID LOT 10; June 24, 2025 Item #5 Page 29 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Page 8 of 12 THENCE CONTINUING ALONG SAID LOT 10, NORTH 03°09’04” EAST 739.93 FEET TO THE POINT OF BEGINNING. CONTAINING 44.98 ACRES MORE OR LESS. PARCEL 2 THAT PORTION OF LOT 10, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP 15902 RECORDED MARCH 4, 2013 AS FILE NO. 2013-0139681 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT DESIGNATED POINT A IN THE HEREIN ABOVE DESCRIBED PARCEL 1, BEING THE WESTERLY END OF A COURSE HAVING A BEARING OF SOUTH 88°20’00” WEST AND A DISTANCE OF 12.04 FEET DESCRIBED IN PARCEL B OF THAT DECLARATION OF RESTRICTIVE COVENANTS RECORDED APRIL 25, 2019 AS DOCUMENT NO.: 2019-0151961 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID PARCEL 1 AND PARCEL B SOUTH 75°22’55” WEST 12.76 FEET THENCE LEAVING SAID PARCEL 1 AND PARCEL B SOUTH 38°00’19” WEST 33.78 FEET TO THE TRUE POINT OF BEGINNING BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 185.00 FEET, A RADIAL LINE TO WHICH BEARS SOUTH 87°21’22” WEST; THENCE SOUTHERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 21°19’49” AN ARC LENGTH OF 68.87 FEET; THENCE SOUTH 23°58’27” EAST 26.48 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 95.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39°48’07” AN ARC LENGTH OF 65.99 FEET; THENCE SOUTH 15°49’40” WEST 99.07 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 520.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6°26’14” AN ARC LENGTH OF 58.42 FEET; THENCE SOUTH 09°23’26” WEST 68.30 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 53.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33°10’59” AN ARC LENGTH OF 30.70 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 40.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87°16’29” AN ARC LENGTH OF 60.93 FEET; THENCE NORTH 68°55’58” EAST 33.39 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 35.00 FEET, A RADIAL LINE TO WHICH BEARS SOUTH 56°12’45” EAST; June 24, 2025 Item #5 Page 30 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Page 9 of 12 THENCE SOUTHWESTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 32°17’00” AN ARC LENGTH OF 19.72 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 280.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°14’41” AN ARC LENGTH OF 35.40 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 75.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°44’07” AN ARC LENGTH OF 25.83 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 150.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°25’30” AN ARC LENGTH OF 40.38 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 20.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33°17’22” AN ARC LENGTH OF 11.62 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 65.00 FEET, A RADIAL LINE TO WHICH BEARS SOUTH 29°22’57” WEST; THENCE NORTHWESTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 15°53’45” AN ARC LENGTH OF 18.03 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 35.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64°11’30” AN ARC LENGTH OF 39.21 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE TO WHICH BEARS NORTH 04°23’22” EAST; THENCE WESTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 16°24’10” AN ARC LENGTH OF 42.94 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 410.00 FEET, A RADIAL LINE TO WHICH BEARS SOUTH 06°59’32” WEST; THENCE WESTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 8°37’05” AN ARC LENGTH OF 61.67 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 640.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°32’47” AN ARC LENGTH OF 73.12 FEET; THENCE NORTH 01°58’51” WEST 34.58 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 45.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 61°19’11” AN ARC LENGTH OF 48.16 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 110.00 FEET, A RADIAL LINE TO WHICH BEARS SOUTH 54°43’49” EAST; THENCE NORTHERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 33°24’26” AN ARC LENGTH OF 64.14 FEET; THENCE NORTH 01°51’45” EAST 56.91 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 62.00 FEET; June 24, 2025 Item #5 Page 31 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Page 10 of 12 THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35°51’27” AN ARC LENGTH OF 38.80 FEET; THENCE NORTH 33°59’42” WEST 17.42 FEET; THENCE NORTH 02°16’39” EAST 37.83 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 270.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°23’28” AN ARC LENGTH OF 34.83 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 1165.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°56’15” AN ARC LENGTH OF 80.06 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 455.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°17’00” AN ARC LENGTH OF 41.96 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 500.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°58’41” AN ARC LENGTH OF 139.43 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 200.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21°41’38” AN ARC LENGTH OF 75.73 FEET; THENCE NORTH 31°12’45” EAST 27.08 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 30.00 FEET, A RADIAL LINE TO WHICH BEARS NORTH 37°11’32” WEST; THENCE EASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 46°28’28” AN ARC LENGTH OF 24.33 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 85.00 FEET, A RADIAL LINE TO WHICH BEARS NORTH 01°47’59” EAST; THENCE EASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 31°23’09” AN ARC LENGTH OF 46.56 FEET; THENCE SOUTH 56°48’52” EAST 55.12 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 135.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°51’23” AN ARC LENGTH OF 56.21 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°42’56” AN ARC LENGTH OF 10.32 FEET; THENCE SOUTH 13°14’33” EAST 55.16 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 340.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°15’40” AN ARC LENGTH OF 37.15 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 200.00 FEET; June 24, 2025 Item #5 Page 32 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Page 11 of 12 THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°46’28” AN ARC LENGTH OF 58.55 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 105.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37°08’16” AN ARC LENGTH OF 68.06 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 40.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47°31’10” AN ARC LENGTH OF 33.17 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4.20 ACRES MORE OR LESS. PARCEL 3 THAT PORTION OF LOT 10, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP 15902 RECORDED MARCH 4, 2013 AS FILE NO. 2013-0139681 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT DESIGNATED POINT A IN THE HEREIN ABOVE DESCRIBED PARCEL 1, BEING THE WESTERLY END OF A COURSE HAVING A BEARING OF SOUTH 88°20’00” WEST AND A DISTANCE OF 12.04 FEET DESCRIBED IN PARCEL B OF THAT DECLARATION OF RESTRICTIVE COVENANTS RECORDED APRIL 25, 2019 AS DOCUMENT NO.: 2019-0151961 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID PARCEL 1 AND PARCEL B SOUTH 75°22’55” WEST 12.76 FEET THENCE LEAVING SAID PARCEL 1 AND PARCEL B SOUTH 76°29’12” WEST 485.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00°00’00” EAST 12.86 FEET; THENCE SOUTH 03°47’03” WEST 68.73 FEET; THENCE SOUTH 00°00’30” WEST 31.79 FEET; THENCE SOUTH 04°31’31” EAST 56.90 FEET; THENCE SOUTH 07°47’22” EAST 35.05 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 60.00 FEET, A RADIAL LINE TO WHICH BEARS NORTH 82°12’45” WEST; THENCE SOUTHERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 35°13’22” AN ARC LENGTH OF 36.89 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE TO WHICH BEARS SOUTH 83°33’28” WEST; THENCE SOUTHERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 27°23’39” AN ARC LENGTH OF 23.91 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 160.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°34’33” AN ARC LENGTH OF 49.08 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE TO WHICH BEARS NORTH 88°23’06” EAST; June 24, 2025 Item #5 Page 33 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Page 12 of 12 THENCE SOUTHERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 2657’31” AN ARC LENGTH OF 23.53 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 140.00 FEET, A RADIAL LINE TO WHICH BEARS SOUTH 0332’25” WEST; THENCE WESTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 0642’44” AN ARC LENGTH OF 16.40 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 670.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0628’46” AN ARC LENGTH OF 75.77 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 300.00 FEET, A RADIAL LINE TO WHICH BEARS SOUTH 3937’55” WEST; THENCE NORTHWESTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 1401’17” AN ARC LENGTH OF 73.42 FEET; THENCE NORTH 0409’00” WEST 54.89 FEET; THENCE NORTH 0309’29” WEST 64.03 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 700.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0427’57” AN ARC LENGTH OF 54.56 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 130.00 FEET, A RADIAL LINE TO WHICH BEARS NORTH 6542’46” WEST; THENCE NORTHEASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 5804’18” AN ARC LENGTH OF 131.76 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.66 ACRES MORE OR LESS. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. ______________________________________ MICHAEL L. SCHLUMPBERGER, PLS 7790 MAY 12, 2023_____________________ DATE June 24, 2025 Item #5 Page 34 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Assessor’s Parcel Number: Project Number and Name: 17 CA 02/04/13 EXHIBIT B – PLAT MAP June 24, 2025 Item #5 Page 35 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 June 24, 2025 Item #5 Page 36 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 June 24, 2025 Item #5 Page 37 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 June 24, 2025 Item #5 Page 38 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 June 24, 2025 Item #5 Page 39 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 June 24, 2025 Item #5 Page 40 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 June 24, 2025 Item #5 Page 41 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 June 24, 2025 Item #5 Page 42 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 June 24, 2025 Item #5 Page 43 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 June 24, 2025 Item #5 Page 44 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 June 24, 2025 Item #5 Page 45 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 June 24, 2025 Item #5 Page 46 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 June 24, 2025 Item #5 Page 47 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 June 24, 2025 Item #5 Page 48 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 June 24, 2025 Item #5 Page 49 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 June 24, 2025 Item #5 Page 50 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 June 24, 2025 Item #5 Page 51 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 June 24, 2025 Item #5 Page 52 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Assessor’s Parcel Number: Project Number and Name: 18 CA 02/04/13 EXHIBIT C – TITLE REPORT June 24, 2025 Item #5 Page 53 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Commonwealth Land Title - California 4100 Newport Place Dr., Suite 120 Newport Beach, CA 92660 Title Report City of Carlsbad 3096 Harding Street Carlsbad, CA 92008 Attn: Curtis Jackson File No.: 92020035 Property Address: Lot 10, Carlsbad, CA Introducing LiveLOOK LiveLOOK title document delivery system is designed to provide 24/7 real-time access to all information related to a title insurance transaction. Access title reports, exception documents, an easy-to-use summary page, and more, at your fingertips and your convenience. To view your new Commonwealth Land Title LiveLOOK report, Click Here Effortless, Efficient, Compliant, and Accessible June 24, 2025 Item #5 Page 54 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Commonwealth Land Title Company 4100 Newport Place Dr., Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3170 City of Carlsbad 3096 Harding Street Carlsbad, CA 92008 Attn: Curtis Jackson Your Reference No: 212-271-03 Our File No: 92020035 Title Officer: Chris Maziar e-mail: TeamMaziar@cltic.com Phone: (949) 724-3170 Fax: (949) 258-5740 Property Address: Lot 10, Carlsbad, CA PRELIMINARY REPORT Dated as of February 16, 2023 at 7:30 a.m. In response to the application for a policy of title insurance referenced herein, Commonwealth Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitation on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. June 24, 2025 Item #5 Page 55 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Order No: 92020035-920-CMM-CM8 SCHEDULE A The form of policy of title insurance contemplated by this report is: CLTA Standard Coverage Policy of Title Insurance (4-8-14) The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: The City of Carlsbad, a municipal corporation The land referred to herein is situated in the County of SAN DIEGO, State of California, and is described as follows: SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF June 24, 2025 Item #5 Page 56 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Order No: 92020035-920-CMM-CM8 EXHIBIT “A” ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 10 OF CITY OF CARLSBAD CT 09-03, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15902, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 4, 2013 AS FILE NO. 2013-139681 OF OFFICIAL RECORDS. Assessor’s Parcel Number:212-271-03 PLOTTED EASEMENTS June 24, 2025 Item #5 Page 57 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Order No: 92020035-920-CMM-CM8 SCHEDULE B – Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. June 24, 2025 Item #5 Page 58 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Order No: 92020035-920-CMM-CM8 SCHEDULE B – Section B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2023-2024. B.Tax Identification No.: 212-271-03-00 appear as “NO TAXES DUE” on the current County Assessor Tax Rolls. No county taxes appear to be due or payable at this time. C. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. D. 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. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of:San Diego County Purpose: Public road and incidental purposes Recording Date: October 5, 1899 Recording No: Book 280, Page 292 of Official Records Affects:A portion of said land The exact location and extent of said easement is not disclosed of record. 3. Intentionally Deleted. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of:Carlsbad Airport Centre Owners Association Purpose: Common area Recording Date: October 31, 1986 Recording No: 86-497819 of Official Records Affects:A portion of said land The exact location and extent of said easement is not disclosed of record. 5. 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:June 10, 1960 Recording No: 118922 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. June 24, 2025 Item #5 Page 59 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Order No: 92020035-920-CMM-CM8 6. Matters contained in that certain document Entitled:Agreement and Mutual Easement Agreement Dated: October 1963 Executed by: Investment Securities Corporation, a California corporation, et al Recording Date: March 26, 1964 Recording No: 55458 of Official Records Reference is hereby made to said document for full particulars. 7. Matters contained in that certain document Entitled:Indemnity Agreement Dated:April 8, 1986 Executed by:San Diego Gas & Electric Company, a California corporation Recording Date: April 16, 1986 Recording No: 86-146730 of Official Records Reference is hereby made to said document for full particulars. 8. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on Map:Record of Survey No. 16781 9. Intentionally Deleted. 10. Intentionally Deleted. 11. Intentionally Deleted. 12. Intentionally Deleted. 13. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Archstone-Smith Operating Trust, a Maryland real estate investment trust Purpose:Slope, construction and incidental purposes Recording Date: February 15, 2002 Recording No: 2002-135146 of Official Records Affects:A portion of said land 14. Matters contained in that certain document Entitled:Map Tax Clearance Certificate Executed by:County of San Diego Recording Date: March 4, 2013 Recording No: 2013-139059 of Official Records Reference is hereby made to said document for full particulars. 15. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:The San Diego County Water Authority Purpose:Transporting and distributing water, together with related appurtenant facilities Recording Date: March 18, 2014 Recording No: 2014-105138 of Official Records Affects:A portion of said land June 24, 2025 Item #5 Page 60 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Order No: 92020035-920-CMM-CM8 16. Matters contained in that certain document Entitled:Declaration of Restrictive Covenants Dated:March 27, 2019 Executed by:The City of Carlsbad, a California municipal corporation of the State of California and Lennar Homes of California, Inc., a California corporation Recording Date: April 25, 2019 Recording No: 2019-151961 of Official Records Reference is hereby made to said document for full particulars. 17. A lien for unsecured property taxes filed by the tax collector of the county shown, for the amount set forth, and any other amounts due. County:San Diego Fiscal Year:2020-2021 Taxpayer:City of Carlsbad Amount:$1,099.00 Recording Date:November 17, 2022 Recording No:2022-441176 of Official Records 18. A lien for unsecured property taxes filed by the tax collector of the county shown, for the amount set forth, and any other amounts due. County:San Diego Fiscal Year:2020-2021 Taxpayer:City of Carlsbad Amount:$1,089.00 Recording Date:November 17, 2022 Recording No:2022-441177 of Official Records 19. A lien for unsecured property taxes filed by the tax collector of the county shown, for the amount set forth, and any other amounts due. County:San Diego Fiscal Year:2020-2021 Taxpayer:City of Carlsbad Amount:$1,089.00 Recording Date:November 17, 2022 Recording No:2022-441178 of Official Records 20. A lien for unsecured property taxes filed by the tax collector of the county shown, for the amount set forth, and any other amounts due. County:San Diego Fiscal Year:2020-2021 Taxpayer:City of Carlsbad Amount:$680.79 Recording Date:November 17, 2022 Recording No:2022-441179 of Official Records June 24, 2025 Item #5 Page 61 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Order No: 92020035-920-CMM-CM8 21. A lien for unsecured property taxes filed by the tax collector of the county shown, for the amount set forth, and any other amounts due. County:San Diego Fiscal Year:2020-2021 Taxpayer:City of Carlsbad Amount:$557.80 Recording Date:November 17, 2022 Recording No:2022-441182 of Official Records 22. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 23. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 24. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters which a correct survey would disclose and which are not shown by the public records. 25. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 26. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE “NOTES AND REQUIREMENTS SECTION” WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION June 24, 2025 Item #5 Page 62 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Order No: 92020035-920-CMM-CM8 REQUIREMENTS SECTION: 1. This Company will require evidence of compliance with the statutory limitations incident to the governmental agency named below, with reference to any conveyance of an interest in the Land this Company will be asked to record and/or rely upon in the issuance of any form of title insurance. Governmental agency: The City of Carlsbad, a municipal corporation 2. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s), Party(s):All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. 3. Unrecorded matters which may be disclosed by an Owner’s Affidavit or Declaration. A form of the Owner’s Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. June 24, 2025 Item #5 Page 63 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Order No: 92020035-920-CMM-CM8 INFORMATIONAL NOTES SECTION 1. The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. 2. For wiring Instructions please contact your Title Officer or Title Company Escrow officer. 3. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 4. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 5. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 6. The following Exclusion(s) are added to preliminary reports, commitments and will be included as an endorsement in the following policies: A. 2006 ALTA Owner’s Policy (06-17-06). 6. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. B. 2006 ALTA Loan Policy (06-17-06). 8. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 9. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe’s law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. C. ALTA Homeowner’s Policy of Title Insurance (12-02-13) and CLTA Homeowner's Policy of Title Insurance (12-02-13). 10. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. D. ALTA Expanded Coverage Residential Loan Policy - Assessments Priority (04-02-15). 12. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 13. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe’s law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. June 24, 2025 Item #5 Page 64 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Order No: 92020035-920-CMM-CM8 E. CLTA Standard Coverage Policy 1990 (11-09-18). 7. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the public records but that would be disclosed by an examination of any records maintained by or on behalf of a tribe or on behalf of its members. 8. Any claim of invalidity, unenforceability, or lack of priority of the lien of the insured mortgage based on the application of a tribe’s law resulting from the failure of the insured mortgage to specify state law as the governing law with respect to the lien of the insured mortgage. 7. Note: None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an ALTA Loan Policy, when issued. 8. Note: The following information will be included in the CLTA Form 116 or ALTA Form 22-06 Endorsement to be issued pursuant to this order: There is located on said Land: a Vacant Land Known as:Lot 10, City of Carlsbad, County of San Diego, CA 9. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. 10. Note: The Company requires current beneficiary demands prior to closing. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: a) If the Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. b) If the Company cannot obtain a verbal update on the demand, we will either pay off the expired demand or wait for the amended demand, at our discretion. c) All payoff figures are verified at closing. If the customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure the check has cleared the bank (unless a copy of the cancelled check is provided, in which case there will be no hold). 11. Due to the special requirements of SB 50 (California Public Resources Code Section 8560 et seq.), any transaction that includes the conveyance of title by an agency of the United States must be approved in advance by the Company’s State Counsel, Regional Counsel, or one of their designees. Typist: 0sa Date Typed: February 22, 2023 June 24, 2025 Item #5 Page 65 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Wire Fraud Alert Page 1 Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non‐exclusive self‐protection strategies are recommended to minimize exposure to possible wire fraud. NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire‐fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation:Internet Crime Complaint Center: http://www.fbi.gov http://www.ic3.gov June 24, 2025 Item #5 Page 66 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Commonwealth Land Title Company 4100 Newport Place Dr., Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3170 Notice of Available Discounts (Rev. 01-15-20)Last Saved: February 27, 2023 by 0SA MISC0164 (DSI Rev. 03/12/20)Escrow No.: 92020035-920-CMM-CM8 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Company Underwritten by FNF Underwriters CTC – Chicago Title company CTIC – Chicago Title Insurance Company CLTC – Commonwealth Land Title Company CLTIC - Commonwealth Land Title Insurance Company FNTC – Fidelity National Title Company of California FNTIC – Fidelity National Title Insurance Company FNTCCA - Fidelity National Title Company of California FNTIC - Fidelity National Title Insurance Company TICOR – Ticor Title Company of California CTIC – Chicago Title Insurance Company LTC – Lawyer’s Title Company CLTIC – Commonwealth Land Title Insurance Company SLTC – ServiceLink Title Company CTIC – Chicago Title Insurance Company Available Discounts DISASTER LOANS (CTIC, CLTIC, FNTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected. June 24, 2025 Item #5 Page 67 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 FNF Privacy Statement (Eff. January 1, 2023)Copyright © 2023. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 01/16/20213)Page 1 Order No. 92020035-920-CMM-CM8 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective January 1, 2023 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, “FNF,” “our,” or “we”) respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary’s website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g. Social Security Number, driver’s license, passport, or other government ID number); • financial account information (e.g. loan or bank account information); and • other personal information necessary to provide products or services to you. We may collect Personal Information about you from: • information we receive from you or your agent; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an “FNF Website”) from your Internet browser, computer, and/or device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a “cookie” may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer’s hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to “Do Not Track” features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates’, and others’ products and services, jointly or independently. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to affiliated or nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; June 24, 2025 Item #5 Page 68 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 FNF Privacy Statement (Eff. January 1, 2023)Copyright © 2023. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 01/16/20213)Page 2 Order No. 92020035-920-CMM-CM8 • to affiliated or nonaffiliated third parties with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the “California Privacy” link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748. For Nevada Residents: We are providing this notice pursuant to state law. You may be placed on our internal Do Not Call List by calling FNF Privacy at (888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. For further information concerning Nevada’s telephone solicitation law, you may contact: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: aginquiries@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. For Virginia Residents: For additional information about your Virginia privacy rights, please email privacy@fnf.com or call (888) 714- 2710. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF’s headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the “Service Websites”). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender’s privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender’s privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice’s effective date will show the June 24, 2025 Item #5 Page 69 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 FNF Privacy Statement (Eff. January 1, 2023)Copyright © 2023. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 01/16/20213)Page 3 Order No. 92020035-920-CMM-CM8 last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information; Contact Us If you have questions or would like to correct your Personal Information, visit FNF’s Privacy Inquiry Website or contact us by phone at (888) 714-2710, by email at privacy@fnf.com, or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer June 24, 2025 Item #5 Page 70 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Attachment One – CA (Rev. 05-06-16)Page 1 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA 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. ATTACHMENT ONE (Revised 05-06-16) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY – 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; 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; June 24, 2025 Item #5 Page 71 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Attachment One – CA (Rev. 05-06-16)Page 2 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA 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. c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows:For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16:1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $ 10,000.00 Covered Risk 18:1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $ 25,000.00 Covered Risk 19:1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $ 25,000.00 Covered Risk 21:1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $ 5,000.00 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses 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 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is(a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b).The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE {Except as provided in Schedule B - Part II,{ t{or T}his policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of: June 24, 2025 Item #5 Page 72 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Attachment One – CA (Rev. 05-06-16)Page 3 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA 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. {PART I {The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records.} PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:} 2006 ALTA OWNER’S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of: {The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. } 7. {Variable exceptions such as taxes, easements, CC&R’s, etc. shown here.} June 24, 2025 Item #5 Page 73 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Attachment One – CA (Rev. 05-06-16)Page 4 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA 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. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY – ASSESSMENTS PRIORITY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys’ fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 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 bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. June 24, 2025 Item #5 Page 74 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 June 24, 2025 Item #5 Page 75 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Owner’s Declaration MISC0220 (DSI Rev. 6/23/16) OWNER'S DECLARATION The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at ___________________________________________________________________________________________, further described as follows: See Preliminary Report/Commitment No. 92020035-920-CMM-CM8 for full legal description (the "Land"). b. Declarant is the ____________________________ of ______________________________________ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at ___________________________________________________________________________________________, further described as follows: See Preliminary Report/Commitment No. 92020035-920-CMM-CM8 for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with upon the Land in the approximate total sum of $ , but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: . Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Commonwealth Land Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. 5. The Land is currently in use as ; occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. 8. There are no material violations of any current, enforceable covenant affecting the Property and the Undersigned has received no written notice from any third party claiming that there is a present violation of any current, enforceable covenant affecting the Property. June 24, 2025 Item #5 Page 76 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Owner’s Declaration MISC0220 (DSI Rev. 6/23/16) This declaration is made with the intention that Commonwealth Land Title Company and Commonwealth Land Title Insurance Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on at . Signature: Signature: June 24, 2025 Item #5 Page 77 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Assessor’s Parcel Number: Project Number and Name: 19 CA 02/04/13 EXHIBIT D – EASEMENT PLOT EXHIBIT June 24, 2025 Item #5 Page 78 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 N Plat Showing the Lot 10 of City of Carlsbad ct 09-03, in the City of Carlsbad, County of San Diego, State of California, according to Map Thereof No. 15902, Filed in the Office of the County Recorder of San Diego County. 4100 Newport Place Dr., Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3170 This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, location of easements, acreage or other matters shown thereon. Property: Lot 10, Carlsbad, CA Commonwealth Land Title Company 2023c Title Order No. 92020035, Preliminary Report Dated as of February 16, 2023 Reference : 212-271-03 Data : Sheet 1 of 1 Archive # Assessor's Parcel No. : Drawing Date: February 25, 2023 9300465 Scale 1 inch = 465 Feet 212-271-03 Fee, Property in Question LEGEND Item No. 2 -Easement for public road and incidental purposes 10/05/1899, Book 280, Page 292, of Official Records Affects said land Said Easement is not specifically delineated and is un-locatable Item No. 4 -Easement for common area 10/31/1986, Instrument No. 86-497819, of Official Records Affects said land Said Easement is not specifically delineated and is un-locatable Item No. 6 -Easement 03/26/1964, Instrument No. 55458, of Official Records Affects said land Said Easement is not specifically delineated and is un-locatable Item No. 13 -Easement for slope, construction and incidental purposes 02/15/2002, Instrument No. 2002-135146, of Official Records Affects as described therein Item No. 15 -Easement for transporting and distributing water, together with related appurtenant facilities 03/18/2014, Instrument No. 2014-105138, of Official Records Affects as described therein June 24, 2025 Item #5 Page 79 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Assessor’s Parcel Number: Project Number and Name: 20 CA 02/04/13 EXHIBIT E –MITIGATION PLAN June 24, 2025 Item #5 Page 80 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Conceptual Mitigation Plan for the Veterans Memorial Park Project Carlsbad, California Prepared for City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Contact: Rosanne Humphrey, Senior Program Manager Habitat Management Division Prepared by RECON Environmental, Inc. 3111 Camino del Rio North, Suite 600 San Diego, CA 92108 P 619.308.9333 RECON Number 10259 January 9, 2024 Katy Chappaz, Restoration Ecologist June 24, 2025 Item #5 Page 81 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Conceptual Mitigation Plan Veterans Memorial Park Project i TABLE OF CONTENTS Acronyms and Abbreviations ................................................................................................................ iii 1.0 Project Description and Background .......................................................................................1 1.1 Project Location ................................................................................................................................... 1 1.2 Site Overview ....................................................................................................................................... 5 1.3 Project Mitigation ............................................................................................................................... 5 2.0 Restoration Purpose and Goals ................................................................................................ 6 2.1 Restoration Goals ............................................................................................................................... 6 2.2 Suitability of the Mitigation Areas ................................................................................................ 7 3.0 Roles and Responsibilities.......................................................................................................... 9 3.1 Project Proponent and Financially Responsible Party ............................................................ 9 3.2 Responsible Agencies ..................................................................................................................... 10 3.3 Restoration Specialist ...................................................................................................................... 10 3.4 Installation/Maintenance Contractor ......................................................................................... 10 3.5 Native Plant Nursery ........................................................................................................................ 11 4.0 Implementation Plan .................................................................................................................. 11 4.1 Existing Conditions of the Mitigation Areas ............................................................................. 11 4.2 Implementation Activities .............................................................................................................. 12 4.3 Avoidance and Mitigation Measures ......................................................................................... 19 4.4 As-Built Reporting ............................................................................................................................ 20 5.0 Maintenance Plan ...................................................................................................................... 20 5.1 120-day PEP ....................................................................................................................................... 21 5.2 Weed Control .................................................................................................................................... 21 5.3 Watering ............................................................................................................................................. 22 5.4 Supplemental Planting and Seeding ......................................................................................... 22 5.5 Erosion Control ................................................................................................................................. 23 5.6 Trash Removal and Barrier/Sign Maintenance ....................................................................... 23 5.7 Footpath Decompaction and Seeding ...................................................................................... 23 5.8 Optional Habitat Enhancement ................................................................................................... 23 6.0 Monitoring Requirements ....................................................................................................... 24 6.1 Qualitative Monitoring ................................................................................................................... 26 6.2 Quantitative Monitoring ................................................................................................................ 26 6.3 Reporting ............................................................................................................................................ 26 June 24, 2025 Item #5 Page 82 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Conceptual Mitigation Plan Veterans Memorial Park Project ii TABLE OF CONTENTS (cont.) 7.0 Performance Standards ............................................................................................................ 27 7.1 Vegetation Cover and Species Richness Performance Standards ................................... 28 7.2 Non-native Weed Cover Performance Standards ................................................................. 28 7.3 Self-sustaining Performance Standard...................................................................................... 28 7.4 Photographic Documentation ..................................................................................................... 29 8.0 Completion of 5-year Program .............................................................................................. 29 8.1 Notification of Completion ........................................................................................................... 29 8.2 Adaptive Management Approach .............................................................................................. 29 8.3 Long-term Management ............................................................................................................... 30 9.0 References Cited ........................................................................................................................ 30 FIGURES 1: Regional Location ............................................................................................................................................. 2 2: Project Location on USGS Map .................................................................................................................... 3 3: Project Location on Aerial Photograph ..................................................................................................... 4 4: Mitigation Sites and Existing Biological Resources ................................................................................ 8 5: Mitigation Sites Soil Map .............................................................................................................................. 13 6: Recommended Enhancement Areas ....................................................................................................... 25 TABLES 1: Components of the Veterans Park Property ............................................................................................ 5 2: On-site Mitigation Requirements for Impacts to Diegan Coastal Sage Scrub and Southern Maritime Chaparral at Veterans Memorial Park ...................................................... 6 3: Implementation Schedule ............................................................................................................................ 14 4a: Seed Mix for the Diegan Coastal Sage Scrub Mitigation Areas (2.13 acres) .............................. 16 4b: Seed Mix for the Southern Maritime Chaparral Mitigation Area (0.04 acre) .............................. 16 4c: Seed Mix for the Buffer Areas (2.64 acres) ............................................................................................. 17 5a: Container Stock for the Diegan Coastal Sage Scrub Mitigation (2.13 acres) ............................. 17 5b: Container Stock for the Southern Maritime Chaparral Mitigation Areas (0.04 acre) ............... 18 5c: Container Stock for the Buffer Areas (2.64 acres) ............................................................................... 18 6: Maintenance Schedule ................................................................................................................................. 20 7: Monitoring Schedule .................................................................................................................................... 24 8: Diegan Coastal Sage Scrub Mitigation and Buffer Areas Performance Standards ................... 27 9: Southern Maritime Chaparral Mitigation Areas Performance Standards .................................... 28 June 24, 2025 Item #5 Page 83 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Conceptual Mitigation Plan Veterans Memorial Park Project iii Acronyms and Abbreviations Cal-IPC California Invasive Plant Council City City of Carlsbad DCSS Diegan coastal sage scrub HMP Habitat Management Plan IPM Integrated Pest Management PEP Plant Establishment Period plan Conceptual Mitigation Plan project Veterans Memorial Park Project SMC southern maritime chaparral June 24, 2025 Item #5 Page 84 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Conceptual Mitigation Plan Veterans Memorial Park Project Page 1 1.0 Project Description and Background The Carlsbad Veterans Memorial Park Project (project) is in the city of Carlsbad in San Diego County, California. The project consists of developing a public park within 38.82 acres of a 93.62-acre parcel. The park will include a Veterans memorial plaza, playgrounds, a bike park, picnic areas, exercise areas, open turf, and multi-use trails adjacent to the City of Carlsbad (City’s) Habitat Management Plan (HMP) hardline preserve. This conceptual mitigation plan (plan) details the process of on-site mitigating for project impacts to two sensitive vegetation communities: Diegan coastal sage scrub (DCSS) and southern maritime chaparral (SMC). Information regarding the planting of required buffer areas is also included. This plan was prepared and shall be implemented consistent with the Multiple Habitat Conservation Program, Appendix C (Revegetation Guidelines), and Volume III; Habitat Management Plan for Natural Communities in the City of Carlsbad (City of Carlsbad 2004, pp. F-8 to F-11); and Components of a Conceptual Mitigation/Restoration Plan (City of Carlsbad 2018). This plan shall be reviewed and approved by the City in consultation with the U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, and the California Coastal Commission. All final specifications and topographic-based planting and irrigation plans for the mitigation site shall be submitted to the City and Agencies for review and approval. 1.1 Project Location The project site is located in the city of Carlsbad, California, approximately 1.4 miles east of Interstate 5, 0.5 mile southeast of the Agua Hedionda Lagoon, at the intersection of Whitman Road and Faraday Avenue (Figures 1 through 3). The proposed mitigation is composed of mitigation and buffer areas, all of which are located within the project site. The project site is depicted on the San Luis Rey, California 7.5-minute series of the U.S. Geological Survey topographic maps, Township 12s/Range 04W, within the Agua Hedionda Land Grant (see Figure 2). The project site lies entirely within assessor parcel number 2122710300. The elevation ranges from approximately 52 to 326 feet above mean sea level. June 24, 2025 Item #5 Page 85 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777 Conceptual Mitigation Plan Veterans Memorial Park Project The remainder of this document may be requested from the City of Carlsbad June 24, 2025 Item #5 Page 86 of 86 Docusign Envelope ID: 0EDD441C-B453-4717-9821-7E708FB4C777