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Home My WebLink AboutSDP 92-06E; SEASIDE ESTATES; Site Development Plan (SDP), Form No. 1068-1 (Rev. 10/17/92) Exhib'it A to Preliminary Report • Preliminary Report First American Title Insurance Company ~'1ll~~~ ~i-#.---2 ORDER NO. 1182800-15 "~,-.y,Pif;'~ /_/4 - ==· ·:3 ... , ~,,_AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED OCTOBER 18, 1982, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: RECORDED: DECEMBER 6, RECORDS. 1982 SUNBELT PLANNING COMPANY, LTD. , FORMERLY KNOWN AS NIPPON K.T.S., INC., A CALIFORNIA CORPORATION AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. AS FILE NO. 82-373118 OF OFFICIAL 4. THE FACT THAT SAID LAND LIES WITHIN THE NOTICE OF SPECIAL TAX LIEN, AS DISCLOSED BY INSTRUMENT RECORDED MAY 20, 1991 AS FILE NO. 91-0236959 OF OFFICIAL RECORDS. 5 . REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACI~:TIES FEE, DATED FEBRUARY 12, 1992, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: TOYOHARA AMERICA, INC. (DBA) SUNBELT PLANFING CO. , A CORPORATION AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. RECORDED: JULY 9, RECORDS. 1992 AS FILE NO. 1992-0430220 OF OFFICIAL REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 6. THE FACT THAT SAID LAND LIES WITHIN THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2 CARLSBAD UNIFIED SCHOOL DIST. , AS DISCLOSED BY INSTRUMENT RECORDED OCTOBER 7, 19 92 AS FILE NO. 1992-0637693 OF OFFICIAL RECORDS. 7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $7,650,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED NOVEMBER 29, 1994 AS FILE NO. 1994-068214 OF OFFICIAL RECORDS. DATED: NOVEMBER 29, 1994 TRUSTOR: SAMBI SEASIDE HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: COMMONWEALTH LAND TITLE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: THE ASAHI BANK, LTD., A JAPANESE BANKING CORPORATION PAGE 3 ~~~ -::.:,.:;,;,;_,~ ORDER NO. 1182800-15 ':\. '>. -,,,;.if'/4'EW7 /. t / _2; ----~~-·;' • ,., .. -:.~SAID DEED OF TRUST IS SUBORDINATE TO THE DEED RESTRICTION RECORDED SEPTEMBER 8, 1995 AS FILE NO. 1995-0401091 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION AGREEMENT RECORDED SEPTEMBER 8, 1995 AS FILE NO. 1995-0401092 OF OFFICIAL RECORDS. 8. THE FACT THAT SAID LAND LIES WITHIN THE COMMUNITY FACILITIES DISTRICT NO. 3 OF CARLSBAD UNIFIED SCHOOL DISTRICT, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DISCLOSED BY INSTRUMENT RECORDED MAY 16, 1995 AS FILE NO. 1995-0205176 AND AMENDED JUNE 16, 1995 AS FILE NO. 1995-0250437, BOTH OF OFFICIAL RECORDS. 9 . AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN ANNEXATION NO. 1 TO COMMUNITY FACILITIES DISTRICT NO. 3 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT RECORDED JULY 27, 1995 AS FILE NO. 1995-0322359 OF OFFICIAL RECORDS. AN AGREEMENT REGARDING PETITION, WAIVER, AND CONSENT TO CREATION OF A FACILITY IMPACT FEE PROGRAM AND AGREEMENT TO PAY FAIR SHARE COST OF ALGA ROAD AND POINSETTIA LANE ("AGREEMENT"), DATED (NOT SHOWN) , UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE CITY OF CARLSBA!J AND SAMBI SEASIDE HEIGHTS, LLC. RECORDED: SEPTEMBER 5, 1995 AS FILE NO. 1995-0392214 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 10. DEED RESTRICTION DATED JULY 26, 1995 EXECUTED BY SAMBI SEASIDE HEIGHTS, L.L.C., A CALIFORNIA LIMITED LIABILITY COMPANY AND THE CALIFORNIA COASTAL COMMISSION SUBJECTED TO THE TERMS AND CONDITIONS CONTAINED THEREIN RECORDED SEPTEMBER 8, 1995 AS FILE NO. 1995-0401091 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AMENDED DEED RESTRICTION UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN, EXECUTED BY AND BETWEEN SAMBI SEASIDE HEIGHTS, L. L. C., A CALIFORNIA LIMITED LIABILITY COMPANY AND THE CALIFORNIA COASTAL COMMISSION, RECORDED NOVEMBER 5, 1996 AS FILE NO. 1996- 0558207 OF OFFICIAL RECORDS. PAGE 4 ~~~~ -::,,,,,~,:ii• ORDER NO. 1182800-15 ~ '\.,,1#A{-~\-t /.,,1 /.~ ---=-· ''.11·': ...::~A REIMBURSEMENT AGREEMENT DATED SEPTEMBER 13, 1995, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. 12. 13. EXECUTED BY AND BETWEEN: CHRISTA M. MCREYNOLDS AND ALAN A. MCREYNOLDS AS TRUSTEES OF THE MCREYNOLDS FAMILY TRUST UNDER DECLARATION OF TRUST· DATED FEBRUARY 21, 1989 (HEREINAFTER REFERRED TO AS "MCREYNOLDS"), ROBERT P. KELLY AND RICHARD C. KELLY AS TRUSTEES OF THE KELLY FAMILY TRUST UNDER DECLARATION OF TRUST DATED AUGUST 31, 1982 (HEREINAFTER REFERRED TO AS "KELLY"), MSP CALIFORNIA L.L.C., A COLORADO LIMITED LIABILITY COMPANY (HEREINAFTER "MSP, ", DAVID M. BENTLEY AND MARCUS S. PALKOWITSH, MANAGERS) AND SAMBI SEASIDE HEIGHTS, A CALIFORNIA LIMITED LIABILITY COMPANY RECORDED: SEPTEMBER 14, 1995 AS FILE NO. 1995-0410925 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AN AGREEMENT REGARDING HOLD (NOT SHOWN), UPON THE TERMS, THEREIN. HARMLESS AGREEMENT DRAINAGE, DATED COVENANTS, AND CONDITIONS CONTAINED EXECUTED BY AND BETWEEN: RECORDED: OCTOBER 13, 1995 AS RECORDS. THE CITY OF CARLSBAD AND SAMBI SEASIDE HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS OWNER. FILE NO. 1995-0464528 OF OFFICIAL REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1, DATED NOVEMBER 28, 1995, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: RECORDED: JANUARY 22, 1996 AS RECORDS. SAMBI SEASIDE HEIGHTS, L.L.C., A LIMITED LIABILITY CORPORATION AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION. FILE NO. 1996-0030261 OF OFFICIAL REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. PAGE 5 f' ~~~.:. ,.(.~~\~ ~--~ ..... -'{j,"-:::,-S =~ '.:-'-,,4g]/) 11/_;;:: ORDER NO. 1182800-15 '":,;;.,·=~ .... ~ ;/ •. "'·~., •. ,,,.';<-=- 21. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM PLUM TREE ROAD ADJACENT THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 13378. AFFECTS LOTS 1, 11 AND 12. 22. RECITALS AS SHOWN UNDER "GENE~AL NOTES" ON THAT CERTAIN MAP RECORDED DECEMBER 9, 1996, FILE NO. 1996-0613541 OF OFFICIAL RECORDS, WHICH, AMONG OTHER THINGS STATES: 23. "THE FOLLOWING LOTS HAVE SIGHT DISTANCE CORRIDORS WHICH RESTRICT THE HEIGHT OF LANDSCAPING AND STRUCTURES TO 30" ABOVE THE STREET: LOTS 1, 6, 7, 112, 119 AND REMAINDER PARCEL. THE MAINTENANCE OF THESE SIGHT CORRIDORS SHALL BE THE RESPONSIBILITY OF THE INDIVIDUAL PROPERTY OWNER." AN AGREEMENT REGARDING AFFORDABLE HOUSING, DATED NOVEMBER 18, 1996, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE CITY OF CARLSBAD AND SAMBI SEASIDE HEIGHTS, L.L.C. RECORDED: FEBRUARY 3, 1997 AS FILE NO. 1997-004~122 OF OFFICIAL RECORDS. REFERENCE rs MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AN ASSIGNMENT AND ASSUMPTION OF AFFORDABLE HOUSING AGREEMENT EXECUTED BY AND BETWEEN SAMBI SEASIDE HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND PLUM TREE WALK, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, RECORDED JANUARY 9, 1998 AS FILE NO. 1998-0012043 OF OFFICIAL RECORDS. 24. AN EASEMENT FOR UNDERGROUND ELECTRIC FACILITIES, AND APPURTENANCES FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, UNDERGROUND COMMUNICATION FACILITIES, AND APPURTENANCES, TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION, RECORDED AUGUST 26, 1997 AS FILE NO. 1997-0412848 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF LAND 8.00 FEET IN WIDTH LYING WITHIN SAID LOTS 14 AND 20, SAID STRIP LYING ADJACENT TO AND COINCIDENT WITH THE EXTERIOR BOUNDARY OF "AVIARA PARKWAY" (STREET), AS SAID STREET IS SHOWN AND DELINEATED ON SAID MAP NO. 13378. REFERENCE rs MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 25. AN EASEMENT FOR WATER LINE AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY, RECORDED OCTOBER 30, 1997 AS FILE NO. 1997-0544152 OF OFFICIAL RECORDS. PAGE 7 , ~¾~~ ,, "%:,?:5-;P ORDER NO. 1182 80 0-15 :~'\-,,,,~Ji'=:·~?' /,//.~ ----~~ .[, . ~.~., .:..:=-- THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AFFECTS LOT 34. 26. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $166,766.61, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED APRIL 14, 1998 AS FILE NO. 1998-0207567 OF OFFICIAL RECORDS. DATED: APRIL 13, 1998 TRUSTOR: SEASIDE ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: FIDELITY NATIONAL TI1LE COMPANY BENEFICIARY: SAMBI SEASIDE HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AFFECTS LOT 1. 27. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $179,934.87, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED APRIL 14, 1998 AS FILE NO. 1998·-0207568 OF OFFICIAL RECORDS. DATED: APRIL 13, 1998 TRUSTOR: SEASIDE ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: FIDELITY NATIONAL TITLE COMPANY BENEFICIARY: SAMBI SEASIDE HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AFFECTS LOT 2. 28. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $176,360.63, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED APRIL 14~ 1998 AS FILE NO. 1998-0207569 OF OFFICIAL RECORDS. DATED: APRIL 13, 1998 TRUSTOR: SEASIDE ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: FIDELITY NATIONAL TITLE COMPANY BENEFICIARY: SAMBI SEASIDE HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AFFECTS LOT 3. PAGE 8 ~~-'~ -,::;, ORDER NO. 1182800-15 '::.,_\--....·.,.,if.il • /..1/.¼ --...... ~ __ • :;! "'\,, ..;,.~-=:-> --·ig. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $181,721.99, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED APRIL 14, 1998 AS FILE NO. 1998-0207570 OF OFFICIAL RECORDS. DATED: APRIL 13, 1998 TRUSTOR: SEASIDE ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: BENEFICIARY: AFFECTS LOT 4. FIDELITY NATIONAL TITLE COMPANY SAMBI SEASIDE HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 3 0. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $178,523.99, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED APRIL 14, 1998 AS FILE NO. 1998-0207571 OF OFFICIAL RECORDS. DATED: APRIL 13, 1998 TRUSTOR: SEASIDE ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: FIDELITY NATIONAL TITLE COMPANY BENEFICIARY: SAMBI SEASIDE HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AFFECTS LOT 5. 31. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $168,177.50, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED APRIL 14, 1998 AS FILE NO. 1998-0207572 OF OFFICIAL RECORDS. DATED: APRIL 13, 1998 TRUSTOR: SEASIDE ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: FIDELITY NATIONAL TITLE COMPANY BENEFICIARY: SAMBI SEASIDE HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AFFECTS LOT 6. 3 2. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $276,909.70, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED APRIL 14, 1998 AS FILE NO. 1998-0207573 OF OFFICIAL RECORDS. DATED: APRIL 13, 1998 TRUSTOR: SEASIDE ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY· TRUSTEE: FIDELITY NATIONAL TITLE COMPANY BENEFICIARY: SAMBI SEASIDE HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY PAGE 9 : --~~; .... ~ .. .:-, .. ~ ~~-t4 -"~~~ , _.1£?: _. 1. ORDER NO. 1182800-15 -~----s-ifAf'"''::. //!% ~ •• • .'..3 r/. -=-A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $346,607.42, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED APRIL 14, 1998 AS FILE NO. 1998-0207577 OF OFFICIAL RECORDS. DATED: APRIL 13, 1998 TRUSTOR: SEASIDE ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPATY TRUSTEE: FIDELITY NATIONAL TITLE COMPANY BENEFICIARY: SAMBI SEASIDE HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AFFECTS LOT 11. 37. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $214,830.76, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED APRIL 14, 1998 AS FILE NO. 1998-0207578 OF OFFICIAL RECORDS. DATED: APRIL 13, 1998 TRUSTOR: SEASIDE ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: FIDELITY NATIONAL TITLE COMPANY BENEFICIARY: SAMBI SEASIDE HEIGHTS, LLC, A CrtLIFORNIA LIMITED LIABILITY COMPANY AFFECTS LOT 12. 38. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $175,420.04, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED APRIL 14, 1998 AS FILE NO. 1998-0207579 OF OFFICIAL RECORDS. DATED: APRIL 13, 1998 TRUSTOR: SEASIDE ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: FIDELITY NATIONAL TITLE COMPANY BENEFICIARY: SAMBI SEASIDE HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AFFECTS LOT 13. 39. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $172,786.39, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED APRIL 14, 1998 AS FILE NO. 1998-0207580 OF OFFICIAL RECORDS. DATED: APRIL 13, 1998 TRUSTOR: SEASIDE ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: FIDELITY NATIONAL TITLE COMPANY BENEFICIARY: SAMBI SEASIDE HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY PAGE 11 ~ ~ ORDER NO. 1182800-15 ~,·.,.;-0:_ ., ,.,. . _% -=:,,.· .;• • ,., --AFFECTS LOT 21 . 47. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $324,691.67, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED APRIL 14, 1998 AS FILE NO. 1998-0207588 OF OFFICIAL RECORDS. DATED: APRIL 13, 1998 TRUSTOR: SEASIDE ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: FIDELITY NATIONAL TITLE COMPANY BENEFICIARY: SAMBI SEASIDE HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AFFECTS LOT 22. 48. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $268,632.51, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, R:~CORDED APRIL 14, 1998 AS FILE NO. 1998-0207589 OF OFFICIAL RECORDS. DATED: APRIL 13, 1998 TRUSTOR: SEASIDE ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: FIDELITY NATIONAL TITLE COMPANY BENEFICIARY: SAMBI SEASIDE HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AFFECTS LOT 23. 4 9. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $272,206.75, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED APRIL 14, 1998 AS FILE NO. 1998-0207590 OF OFFICIAL RECORDS. DATED: APRIL 13, 1998 TRUSTOR: SEASIDE ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: FIDELITY NATIONAL TITLE COMPANY BENEFICIARY: SAMBI SEASIDE HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AFFECTS LOT 24. PAGE 14 .-.~~,J~'.~ ~~g::;.,~ °'½:-?.~ ORDER NO. 1182 800-15 :~,·-~,if~i_:-'{:..{f" /.//~ ---::c.,· /s·t/ . .,:-=A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $354,414.32, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED APRIL 14, 1998 AS FILE NO. 1998-0207591 OF OFFICIAL RECORDS. DATED: APRIL 13, 1998 TRUSTOR: SEASIDE ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPAITY TRUSTEE: FIDELITY NATIONAL TITLE COMPANY BENEFICIARY: SAMBI SEASIDE HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AFFECTS LOT 25. 51. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $334,850.04, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED APRIL 14, 1998 AS FILE NO. 1998-0207592 OF OFFICIAL RECORDS. DATED: APRIL 13, 1998 TRUSTOR: SEASIDE ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: FIDELITY NATIONAL TITLE COMPANY BENEFICIARY:· SAMBI SEASIDE HEIGHTS, LLC, A c.,~_LIFORNIA LIMITED LIABILITY COMPANY AFFECTS LOT 26. 52. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $318,860.01, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED APRIL 14, 1998 AS FILE NO. 1998-0207593 OF OFFICIAL RECORDS. DATED: APRIL 13, 1998 TRUSTOR: SEASIDE ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: FIDELITY NATIONAL TITLE COMPANY BENEFICIARY: SAMBI SEASIDE HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AFFECTS LOT 27. 53. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $257,345.43, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED APRIL 14, 1998 AS FILE NO. 1998-0207594 OF OFFICIAL RECORDS. DATED: APRIL 13, 1998 TRUSTOR: SEASIDE ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: FIDELITY NATIONAL TITLE COMPANY BENEFICIARY: SAMBI SEASIDE HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY PAGE 15 ~v~ "'ff~-j,i-,,1? ORDER NO. 1182800-15 ~--\'vijliji.:-~~fY ,/J'/ .£ --.--,,._.,.-,;: ~-~ .. ..:.:---=-- • 5·7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $201,280.32, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED APRIL 14, 1998 AS FILE NO. 1998-0207598 OF OFFICIAL RECORDS. DATED: APRIL 13, 1998 TRUSTOR: SEASIDE ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: FIDELITY NATIONAL TITLE COMPANY BENEFICIARY: SAMBI SEASIDE HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AFFECTS LOT 32. 58. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $164,321.08, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED APRIL 14, 1998 AS FILE NO. 1998-0207599 OF OFFICIAL RECORDS. DATED: APRIL 13, 1998 TRUSTOR: SEASIDE ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: FIDELITY NATIONAL TITLE COMPANY BENEFICIARY:· SAMBI SEASIDE HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AFFECTS LOT 33. 5 9. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $180,781.40, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED APRIL 14, 1998 AS FILE NO. 1998-0207600 OF OFFICIAL RECORDS. DATED: APRIL 13, 1998 TRUSTOR: SEASIDE ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: FIDELITY NATIONAL TITLE COMPANY BENEFICIARY: SAMBI SEASIDE HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AFFECTS LOT 34. 60. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $173,726.98, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED APRIL 14, 1998 AS FILE NO. 1998-0207601 OF OFFICIAL RECORDS. DATED: APRIL 13, 1998 TRUSTOR: SEASIDE ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY TRUSTEE: FIDELITY NATIONAL TITLE COMPANY BENEFICIARY: SAMBI SEASIDE HEIGHTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY PAGE 17 CODE AREA: PARCEL NO.: 1ST INSTALLMENT' : 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE,:: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09157 214-540-01-00 $302.95 PAID $302.95 PAID $29,864.00 $-0- $-0- 09157 214-540-02-00 $286.70 PAID $286.70 PAID $29,864.00 $-0- $-0- 09157 214-540-03-00 $283.35 PAID $283.35 PAID $29,864.00 $-0- $-0- 09157 214-540-04-00 $283.35 PAID $283.35 PAID $29,864.00 $-0- $-0- 09157 214-541-01-00 $284.31 PAID $284.31 PAID $29,864.00 $-0- $-0- 09157 214-541-02-00 $285.26 PAID $285.26 PAID $29,864.00 $-0- $-0- PAGE 21 ORDER NO. 1182800-15 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: • PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09157 214-540-10-00 $248.70 PAID $248.70 PAID $29,864.00 $-0- $-0- 09157 214-540-11-00 $244.42 PAID $244.42 PAID $29,864.00 $-0- $-0- 09157 214-540-12-00 $242.71 PAID $242.71 PAID $29,864.00 $-0- $-0- 09157 214-541-04-00 $242.42 PAID $242.42 PAID $29,864.00 $-0- $-0- 09157 214-541-05-00 $242.42 PAID $242.42 PAID $29,864.00 $-0- $-0- 09157 214-541-06-00 $243.85 PAID $243.85 PAID $29,864.00 $-0- $-0- PAGE 23 ORDER NO. 1182800-15 CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09157 214-541-19-00 $337.36 PAID $337.36 PAID $29,864.00 $-0- $-0- 09157 214-541-20-00 $386.12 PAID $386.12 PAID $29,864.00 $-0- $-0- 09157 214-541-21-00 $286.22 PAID $286.22 PAID $29,864.00 $-0-, $-0- 09157 214-541-22-00 $283.83 PAID $283.83 PAID $29,864.00 $-0- $-0- 09157 214-541-23-00 $283.83 PAID $283.83 PAID $29,864.00 $-0- $-0- 09157 214-541-24-00 $283.83 PAID $283.83 PAID $29,864.00 $-0- $-0- PAGE 26 ORDER NO. 1182800-15 CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09157 214-541-30-00 $284.31 PAID $284.31 PAID $29,864.00 $-0- $-0- 09157 214-541-31-00 $283.35 PAID $283.35 PAID $29,864.00 $-0- $-0- 09157 214-541-32-00 $289.09 PAID $289.09 PAID $29,864.00 $-0- $-0- 09157 214-541-33-00 $284.31 PAID $284.31 PAID $29,864.00 $-0- $-0- 09157 214-540-19-00 $284.31 PAID $284.31 PAID $29,864.00 $-0- $-0- 09157 214-540-20-00 $298.65 PAID $298.65 PAID $29,864.00 $-0- $-0- PAGE 27 ORDER NO. 1182800-15 ORDER NO. 1182800-15 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 1 THROUGH 36 AND 112 THROUGH 119 OF CARLSBAD TRACT NO. 92-02, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13378, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1996. T:05/19/98 08·27:15 V: / / CF 00 PAGE 29 ~ A EXHIBIT A - LIST OF PRlrfED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY· 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE 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 notice 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, which are 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. 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 and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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 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. 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 or interest insured by their 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. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B • 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder: (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 estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B • 1970 WITH REGIONAL EXCEPTIONS When the American Land TIiie Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in lhe policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following· Part One: 1. 2. 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. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCl,9iflON LOAN POLICY -1970 • A.LT.A. ENDORSEMENT FORM 1 COVERAGE A HEDULE OF EXCLUSIONS FROM COVERAGE ., 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character. dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police powerunless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting m no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following. Part One: 1. 2 Taxes or assessments which are not shown as existing liens by the records of any taxing authonty that levies taxes or assessments on real property or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3 Easements, claims of easement or encumbrances which are 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 public records. 5 Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE 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 and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enfoyment 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. 2 3 4. 5. 6. 7. (b) (a) (b) (c) (d) (e) (i) (ii) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise 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 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. Defects, liens, encumbrances, adverse claims or other matters: created, suffered, assumed or agreed to by the insured claimant. 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; resulting in no loss or damage to the insured claimant; attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements_ under construction or completed at date of policy); or resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. Unenforceabil1ty 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 applicable "doing business" laws of the state in which the land is situated. 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. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. that is based on: the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B 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 lhe 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 said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 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 and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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 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. 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) 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 estate or interest insured by this policy. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (1) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (Ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (arid the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. 2. 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. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered TIiie Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. litle Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date -unless they appeared in the public records • that result in no loss to you • that first affect your title alter the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered litle Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in llem 3 of Schedule A, or • in streets, alleys, or waterways th.ii touch your land This exclusion does not limit the access coverage in Item 5 of Covered litle Risks. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. • Based on an "EIA-Part II", if a proposed project could have a potentially significant effect on the environment, but all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 2 Rev. 03/28/96 • • If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and -the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the BIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 3 Rev. 03/28/96 Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) I. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): ( ) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (. ) c) Be incompatible with existing land use in the vicinity? ( ) d) Affect agricultural resources or operations ( e.g. impacts to soils or farmlands, or impacts from incompatible land uses? ( ) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? ( ) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ( ) b) Induce substantial growth in an area either directly or indirectly ( e.g. through projects in an undeveloped area or extension of major infrastructure)? ( ) c) Displace existing housing? ( housing, especially affordable ) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) b) Seismic ground shaking? ( ) c) Seismic ground failure, including liquefaction? ( ) d) Seiche, tsunami, or volcanic hazard? ( ) e) Landslides or mudflows? ( f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? ( ) g) Subsidence of the land? ( h) Expansive soils? ( ) i) Uniq~e geologic or physical features? ( ) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? ( ) b) Exposure of people or property to water related hazards such as flooding? ( ) 4 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Less Than Significan t Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ No Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Rev. 03/28/96 Issues (and Supporting Information Sources): (Supplemental documents may be r.eferred to and-attached)_ c) Discharge into surface waters or other alteration of surface water quality ( e.g. temperature, dissolved oxygen or turbidity)? ( ) d) Changes in the amount of surface water in any water body? ( ) e) Changes in currents, or the course or direction of water movements? ( ) f) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ( ) g) Altered direction or rate of flow of groundwater? ( ) h) Impacts to groundwater quality? ( ) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? ( ) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ( ) b) Expose sensitive receptors to pollutants? ( ) c) Alter air movement, moisture, or temperature, or cause any change in climate? ( ) d) Creat~ objectionable odors? ( ) VJ. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ( ) b) Hazards to safety from design features ( e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? ( ) c) Inadequate emergency access or access to nearby uses? ( ) d) Insufficient parking capacity on-site or off-site? ( ) e) Hazards or_ barriers for pedestrians or bicyclists? ( ) f) Conflicts with adopted policies supporting alternative transportation_ (e.g. bus turnouts, bicycle racks)? ( ) g) Rail, waterborne or air traffic impacts? ( ) 5 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ -□ □ □ □ □ □ Less Than Significan t Impact □ □ □ 0 □ □ □ □ □ □ □ □ □ □ □ □ □ □ No Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Rev. 03/28/96 Issues (and Supporting Infonnation Sources): (Supplemental documents may be referred to and attached) VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? ( ) b) Locally designated species (e.g. heritage trees)? ( ) c) Locally designated natural communities ( e.g. oak forest, coastal habitat, etc.)? ( ) d) Wetland habitat (e.g. marsh, riparian and vernal pool)? ( ) e) Wildlife dispersal or migration corridors? ( ) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? ( ) b) Use non-renewable resources in a wasteful and inefficient manner? ( ) c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? ( ) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? ( ) b) Possible interference with an emergency response plan or emergency evacuation plan?· ( ) c) The creation of any health hazard or potential health hazards? ( ) d) Exposure of people to existing soutces of potential health hazards? ( ) e) Increase fire hazard in areas with flammable brush, grass, or trees? ( ) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ( ) b) Exposure of people to severe noise levels? ( ) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( ) b) Police protection? ( ) c) Schools? ( ) 6 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Less Than No Significan Impact t Impact □ □ tl □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Rev. 03/28/96 r • -• d Issues (and Supporting Information Sources): Potentially Potentially Less Than No (Supplemental documents may be referred to and attached) Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated d) Maintenance of public facilities, including roads? □ □ □ □ ( ) e) Other governmental services? ( ) □ □ □ □ XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? ( ) □ □ □ □ b) Communications systems? ( ) □ □ □ □ c) Local or regional water treatment or distribution □ □ □ □ facilities? ( ) d) Sewer or septic tanks? ( ) □ □ □ □ e) _Storm water drainage? ( ) □ □ □ □ t) Solid waste disposal? ( ) . □ □ □ □ g) Local or regional water supplies? ( ) □ □ □ □ XIII. AESTH:ETICS. Would the proposal: · a) Affect a scenic or vista or scenic highway? □ □ □ □ ( ) b) Have a demonstrate negative aesthetic effect? □ □ □ □ ( ) c) Create light or glare? ( ) □ □ □ □ XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ( ) □ □ □ □ b) Disturb archaeological resources? ( ) □ □ □ □ c) Affect historical resources? ( ) □ □ □ □ d) Have the potential to cause a physical change which □ □ □ □ would affect unique ethnic cultural values? ( ) e) Restrict existing religious or sacred 1,1ses within .the □ □ □ □ potential impact area? ( ) XV.RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional □ □ □ □ parks or other recreational facilities? ( ) b) Affect existing recreational opportunities? □ □ □ □ ( ) 7 Rev. 03/28/96 \ • 1 --Issues (and Supporting Information Sources): Potentially Potentially Less Than No (Supplemental documents may be referred to and attached) Significant Significant Significan Impact XVI. a) b) c) XVII. Impact Unless t Impact Mitigation Incorporated MANDATORY FINDINGS OF SIGNIFICANCE. Does the project have the potential to degrade the □ □ □ □ quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually □ □ □ □ limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when • viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Does the project have environmental effects which will □ □ □ □ cause the substantial adverse effects on human beings, either directly or indirectly? EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA pro~ess, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 8 Rev. 03/28/96 • • DISCUSSION OF ENVIRONMENTAL EVALUATION Please use this area to discuss any of the environmental factors that were checked "No impact" yet lack any information citations and any factors that were checked "Potentially Significant Impact" or "Potentially Significant Impact Unless Mitigation Incorporated." The City has adopted a "Statement of Overriding Consideration" with regard to air quality and circulation impacts resulting from the normal buildout according to the General Plan. The following sample text is intended to guide your discussion of the impacts to these environmental factors. AIR QUALITY: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a "non-attainment basin", any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a "non-attainment basin", therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of ru:i EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air quality impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. CIRCULATION: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be s~verely impac{ed by regional through-traffic over which the• City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections 9 Rev. 03/28/96