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Home My WebLink AboutPUD 06-17; ALEXANDER CONDOMINIUM CONVERSION; Planned Unit Development - Residential (PUD)• ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact/' or «Potentially Significant Impact Unless Mitigation Incorporated" as mdicated by the cbeckllst on 1he folloWlllg pages~ ) / ~ 0Aesthetics Oo.o!ogy/Soils 0Noise \\J/ fJ D Agricultural Resources O Haz.a:rds/Hazardous Materials O Population and Housing □ Air Quality D Biological Resources D Cultural Resources D Hydrology /Water Quality □ Land Use and Planning D Mineral Resources D Mandatozy Findings of Significance 2 D Public Services D Recreation D Transportation/Circulation 0 Utilities & Service Systems Rev. 07/26/02 ENVIRONMENTAL JMPACTS STATE CEQA GUIDElc,INES, 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 C~ with information to use as the basis for deciding whether to prepare an Environmental Impact Report (BIR), Negative Declaration, or to rely on a previously approved.BIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an infonnation 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 significantly adverse, 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 "I,.ess'Than Significant Impact." The developer must agree to the mitigation. and the City must descn"be 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 substan1ial evidence that an effect is significantly adverse. • • Based on an ''EIA-Part I", if a proposed project could have a potentially significant adverse effect on the environment, but J!!l potentially significant adverse effects (a) have been analyzed adequately in an earlier BIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to 1hat earlier ElR 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 ElR 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. , • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse 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 BIR. • 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 adverse effect on the environment. • • If there are one or more potentially significant adverse effects, the City may avoid preparing an BIR if there are mitigation measures to clearly reduce adverse 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. • 3 Rev. 07/26/02 • • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse 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 adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or ( 4) through the EIA-Part I 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 lVVJ\ e c;loes. n.cl eJi,.\S--\-. ON-} v~llY ~' 4 Rev. 07/26/02 Issues (and Supporting Information Sources). (Supplemental documents may be referred to and attached.) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pol1utant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES -Would the project a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural communit;)' identified in local or regional plans, policies, or regulations or by California Department offish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but J.10t limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migrato:iy fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? g) Impact tributary areas that are environmentally sensitive? 6 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ • Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ LessThan Significant Impact □ □ □ □ □ □ □ □ □ □ No Impact ~ CT( Rev. 07/26/02 • - Issues (and Supporting Infonnation Sources). Potentially (Supplemental documents may be referred to and attached.) Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) Have soils incapable of adequately supporting the □ □ □ ~-· use of septic tanks or alternative waste~ disposal systems where sewers are not available for the disposal of ·wastewater? VIL HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the □ □ □ ~ environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or □ □ □ ~- environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the envkonment? c) Emit hazardous emissions or handle hazardous or □ □ □ acutely hazardous materials. substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of □ □ □ ~, hazardous materials sites compiled pursuant to Government Code Section 65%2.5 and. as a result. would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or □ □ □ [:Y/ where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or wor.king in the project area? f) For a project within the vicinity of a private airstrip, □ □ □ w· would the project result in a safety hazard for people residing or working in 1he project area? ✓ g) Impair implementation of or physically interfere with □ □ □ an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of □ □ □ ~- loss, injuzy or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WAT.ER QUALITY -Would the project: a) Violate any water quality standards or waste □ □ □ ~/ discharge requirements? 8 Rev. 07/26/02 ,. • • Issues (and Supporting Infmmation Sources). Potentially (Supplemental documents may be referred to and attached.) Significant Potentially Unless LessThan Significant Mitigation Significant No Impact Incorporated Impact hnpact n) Changes to receiving water quality (marine, fresh or □ □ □ % wetland waters) during or following construction? o) Increase in any pollutant to an already impaired □ □ □ ~ water body as listed on the Clean Water Act Section 303( d) list? p) The exceedance of applicable surface or grmmdwater □ □ □ z receiving water quality objectives or degradation of beneficial uses? IX. LANDUSE AND PLANNING -Would the project: a) PhysicalJy divide an established community? □ □ □ fl b) Conflict with any applicable land use plan, policy, or □ □ □ y regulation of an· agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation □ □ □ ~ plan or natural community conservation plan? x. MINERAL RESOURCES· Would the prQject: a) 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? b) Result in the loss of availability of a locally □ □ □ ~ important mineral resource recovexy site delineated on a 1ocal general plan, specific plan, or other land use plan? XL NOISE -Would the project result in: a) Exposure of persons to or generation of noise levels □ □ □ ~ in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive □ □ □ _)Z( groundbourne vibration or groundboume noise levels? c) A substantial permanent increase in ambient noise □ □ □ ~ levels in the project vicinity above levels existing without the project? ' d) A substantial temporary or periodic increase in □ □ □ JZ] ambient noise levels in the project vicinity above levels existing without the project? Rev. 07/26/02 Issues (and Supporting Information Sources). (Supplemental docwnents may be referred to and attached.) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities. which might have an adverse physical effect on the environment? XV. TRANSPORTATIONtrRAFFIC -Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature ( e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? XVI. UTILITIES AND SERVICES SYSTEMS -Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities. the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 12 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ Less Than Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ No 4 rzf Rev. 07/26/02 DISCUSSION OF ENVIRONMENTAL EVALUATION AIR QUALITY-Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The project site is located in 1be San Diego Air Basin which is a federal and state non--attainment area for ozone (Os}, and a state non-attainment area for particulate matter less than or equal to 10 microns in diameter (PM10). The periodic violations of national Ambient Arr Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG}. A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This 1oca1 plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air qualily planning document These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project preswnably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of the State of California Environment Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for detennining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project areK! • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the growth assumptions of the City's General Plan and the RAQS. Therefore, the project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact. The closest air quality .monitoring station to the project site is in the City of Oceanside. Data available for this monitoring site through April, 2002 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone ( one day in both 2000 and 200 I) and one day in 2001 for the federal 8-hour average for ozone and one day for the 24-hour state standard for suspended particulates in 1996. No violations of any other air quality standards have been recorded recently. If there is grading associated with the project, the project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air qualily standard ( comprising only an incremental contnoution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? 14 Rev. 07/26/02 .. .. Less Than s;g,,J6cant ImpaAe Air Basin ls curreo1ly in a •-ent. ozone~ suspended fine particulates. The proposed project _would represent a contn"bution to a cwnulatively considellf le potential net increase in. emissions throughout the air basin. As described above, however, emissions asspciated with the proposed project would be minimal. Given the limited emissions potentially associated with the f.roposed project, air quality would be essentially ~e same whether or not the proposed project is implemented. ~ccording to the CEQA Guidelines Section 15130 (a)(4), the proposed project's contn"bution to the cumulative im~ is considered de minimus. Any impact is assessed as less than significant. • i EARLIER ANALYSIS USED AMl.SUP.PORTING INF.O~TION.SOJJRqES. Th~ following documents were used in the analysis of this project and are on file in the City of qartsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. j 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Updatb (MEIR 93-01). City of Carlsbad Planning Department March 1994. · I 15 Rev. 07/26/02 • • • LIST OF MITIGATING MEASURES QF APPLICABLE) ATTACH :MITIGATION MONITORING PROGRAM QF APPLICABLE) 16 Rev. 07 /26/02 I . NOV-06-2006 MON os:24 AM CITY OF CARLSBAD Senior Civil Engineer CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad.CA 92008 -FAX NO. 760 602 8559 - PROPOSED MINOR SUBDIVISION NO. fh S O ), '.i ~ P. 04 l{We), the undersigned owner(s), do hereby state that l(We) have read Section 66427.1 of the Subdivision Map Act and l(We) will make the notifications to the tenants required therein. //~/s--,, Date ~~ owner __________ .,,,._w"'l"•••-... -- Date Owner 66427.1 ESTABLISHES REQUIREMENTS FOR NOTICE TO TENANTS AND RIGHT OF TENANTS TO EXCLUSfVE CONTRACT FOR PURCHASE IN CONDOMINIUM, COMMUNITY APAR1MENT OR STOCK COOPERATIVE PROJECTS The legislative body shall not approve a final map for a subdlVlslon to be created from the conversion of residential real property into a condominium project, a community apartment project, or a slack cooperative profect unless it finds all of the following: (a} Each of the tenants of the proposed condominium, community apartment project or slock cooperative project has received, pursuant to Section 66452.9, written notification of intention to convert at least 60 days prior to the filing of a tentative map pursuant to Section 66452.9. There shall be a further finding that eaeh such tenant, and each person applying for the rental of a unit tn such residential real property, has, or will have, received all applicable notices and rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 66461 ). Jn addition, a finding shall be made that each tenant has received 10 days written nolificalion that an application for a public report wiff be, or has been. submitted to the Department of Real Estatet and that such report will be available on request. The written notices to tenants required by this subdivision shall be deemed satisfied if such notices oomply with the legal requirements for service by mail. (b) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given written notification Within 1 o days of approval of a final map for the proposed conversion, (c) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given 180 days written notice of Intention to convert prior to tennlnallon of tenancy due to the conversion or proposed conversion. The provisions or this subdivision shall not alter or abridge the rights or obligations of the parties in performance of their coy~oan,S • ...i.optuqiog, .~!JJ.not 1itrtj1~J~\'.. th_e,..PJ9.Yl~i~?.iM.!Yi_G~~--P..~xrne11~ ~f rent or tho obligation$ imposed by section· 1941. 1941, 1 and 1"941·;2 of the CiVil Code, (d) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been. or will be1 given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be Initially offered to the general public or terms more favorable to the tenants. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code. unless the tenant gives prior written notice of his or her intention not to exercise the right. (e) This section shall not diminlSh, limit or expand other than as provided herein, tne authoritY of any city, county, or city and county to approve or disapprove condominium projects. [Amended, Chapter 1128, Statutes of 1980] Wurd\DOC&\Mlmfllmll\Condo Con11Grr:lon Ur ~/111/00 NOV-06-2006 MON os:24 AM CITY OF CARLSBAD FAX NO. 760 602 8559 P. 03 -PLEASE NOTE: - • Time limits on the processing of discretionary projects established by state law do not start until a project application is de9med complete by the City. T~e City has 30 calen~~r days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application Is complete or incomplete. If it is incomplete, the letter will stnto what is needed to rnake this application complete. When the application Is complete1 tho procossing period will start upon the date of tho completion letter. Applicant Signature: .. d~--.-- Staff Signature: Dute: • To be st;,,pled with receipt to the application • Copy for file Form20 SCHEDULE A OrderNo: 53030732 U52 Your Ref: 5604-LM 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: R. JEROME STIRNKORB, AN UNMARRIED MAN ALSO KNOWN AS ROBERT J. STIRNKORB 3. The land referred to in this report is situated in the State of California, County of SAN DI EGO and is described as follows: LOT 321 OF LA COSTA MEADOWS UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6905 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 21, 1971. APN: 215-340-23 PREA -10/31/97bk SCHEDULE B Page 1 OrderNo: 53030732 U52 Your Ref: 5604-LM At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2006-2007 THAT ARE A LIEN NOT YET DUE. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2005-2006. 1ST INSTALLMENT: PENALTY: 2ND INSTALLMENT: PENALTY AND COST: HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $3,213.88 OPEN (DELINQUENT) $321.38 (DUE AFTER DECEMBER 10) $3,213.88 OPEN (DELINQUENT) $331.38 (DUE AFTER APRIL 10) NONE 09064 215-340-23 SUPPLEMENTAL OR ESCAPED TAXES FOR THE FISCAL YEAR 2005-2006 ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 1ST INSTALLMENT: PENALTY: DELINQUENT: 2ND INSTALLMENT: PENALTY: DELINQUENT: CODE AREA: ASSESSMENT NO. : $2,180.87 OPEN (DELINQUENT) $218.08 JANUARY 3, 2006 $2,180.87 OPEN (DELINQUENT) $228.08 MAY 1, 2006 09064 859-203-06-65 B 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. c 3. COVENANTS, CONDITIONS AND RESTRICTIONS BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, 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 RECORDED: MAY 6, 1971 AS FILE NO. 93263 OF OFFICIAL RECORDS D NOTE: IF YOU SHOULD REQUEST A COPY OF THE DOCUMENT REFERRED TO ABOVE, THE CALIFORNIA GOVERNMENT CODE SECTION 12956.1 REQUIRES THAT A COUNTY PRES ·10/31/97bk Page 2 SCHEDULE B (continued) Order No: 53 03 0732 U52 Your Ref: 5604-LM RECORDER, TITLE INSURANCE COMPANY, ESCROW COMPANY, REAL ESTATE BROKER, REAL ESTATE AGENT, OR ASSOCIATION THAT PROVIDES A COPY OF A DECLARATION, GOVERNING DOCUMENT, OR DEED TO ANY PERSON SHALL PLACE A COVER PAGE OR STAMP ON THE FIRST PAGE OF THE PREVIOUSLY RECORDED DOCUMENT OR DOCUMENTS STATING, IN AT LEAST 14-POINT BOLDFACE TYPE, THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. E 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. F 4. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: $406,000.00 JULY 2, 2003 MICHELLIE YVONNE JONES, A MARRIED WOMAN COMMONWEALTH LAND TITLE INSURANCE COMPANY SIB MORTGAGE CORP. JULY 22, 2003 AS FILE NO. 2003-0869810 OF OFFICIAL RECORDS NO RECONVEYANCE OR RELEASE OF THIS ITEM APPEARS OF RECORD; HOWEVER, WE HAVE REASON TO BELIEVE THAT IT MAY HAVE BEEN PAID AND WE WILL BE REQUESTING AN EXAMINATION OF PRIOR PROCEEDINGS BY THE APPROPRIATE ENTITY. IF WE ARE ABLE TO ELIMINATE THIS ITEM WE WILL ADVISE YOU BY WAY OF A SUPPLEMENT TO OUR REPORT. PLEASE BE ADVISED THAT IT IS NOT THE RESPONSIBILITY OP THIS COMPANY TO PROVIDE THE NECESSARY DOCUMENTATION TO DETERMINE THE VIABILITY OP THE ITEM AND NO ASSURANCE IS GIVEN THAT WE WILL BE ABLE TO ELIMINATE THIS ITEM. G 5. INTENTIONALLY OMITTED. o 6. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: DATED: TRUSTOR: PRELIMBC·9/23/93bk $800,000.00 JULY 8, 2005 R. JEROME STIRNKORB, AN UNMARRIED MAN ALSO KNOWN AS ROBERT J. STIRNKORB Page 3 SCHEDULE B ( continued) OrderNo: 53030732 U52 Your Ref: 5604-LM TRUSTEE: BENEFICIARY: RECORDED: ORIGINAL LOAN NUMBER: CHICAGO TITLE RJS INC, DBA WEST COAST MORTGAGE JULY 15, 2005 AS FILE NO. 2005-0600293, OFFICIAL RECORDS 6514361-1000412 AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WHICH NAMES AS ASSIGNEE: RECORDED: LONG BEACH MORTGAGE COMPANY OCTOBER 4, 2005 AS FILE NO. 2005-0858506, OFFICIAL RECORDS P 7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: ORIGINAL LOAN NUMBER: $200,000.00 JULY 11, 2005 R. JEROME STIRNKORB, AN UNMARRIED MAN ALSO KNOWN AS ROBERT J. STIRNKORB CHICAGO TITLE RJS INC, DBA WEST COAST MORTGAGE JULY 15, 2005 AS FILE NO. 2005-0600294, OFFICIAL RECORDS 65143 96-1000412 NO ASSURANCE IS MADE AS TO THE PRIORITY EXISTING BETWEEN SAID DEED OF TRUST AND THE DEED OF TRUST (OR DEEDS OF TRUST) RECORDED CONCURRENTLY THEREWITH. AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WHICH NAMES AS ASSIGNEE: RECORDED: LONG BEACH MORTGAGE COMPANY OCTOBER 4, 2005 AS FILE NO. 2005-0858505, OFFICIAL RECORDS H 8. RIGHTS OF PARTIES IN POSSESSION OF SAID LAND. MATTERS AFFECTING THE RIGHTS OF SAID PARTIES ARE NOT SHOWN HEREIN. r 9. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. J END OF SCHEDULE B L GP lAMEND/JRS PRELIMBC·9/23;93bk Page 4 OrderNo: 53030732 U52 2AMEND/JRS PRELIMBC·9/23/93bk SCHEDULE B ( continued) Your Ref: 5604-LM Notice You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company is required to determine if you qualify for a discount. AGN --11 /22/04 AA CHICAGO TITLE INSURANCE COMPANY Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy expectation of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: * From applications or other forms we receive from you or your authorized representative; * From your transactions with, or from the services being performed by, us, our affiliates, or others; * From our Internet web sites; * From the public records maintained by governmental entities that we either obtain directly from those entitles, or from our affiliates or others; and * From consumer or other reporting agencies. Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or Intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as Insurance companies, agents, and other real estate settlement service providers. We may also disclose your Personal Information: * to agents, brokers or representatives to provide you with services you have requested; * to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and * to others with whom we enter into joint marketing agreements for products or services that we believe you may find of Interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Multiple Products or Services: Privacy Compliance Officer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville, FL 32204 If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. PRIVACYT •• 10/21/03AA • • SCHEDULE A Order No: 4802654-2 POS Your Ref. 1. The estate or interest in the land hereinafter descnoed or referred to <:O"ered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: CYRIAC P. ALEXANDER AND ALICE C. ALEXANDER, HUSBAND AND WIFE 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: LOT-367 OF LA COSTA MEADOW UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY -OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6905, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ~~RI~ 2!, !~?i, PREA ·10/31/97bk • • SCHEDULE B Page 1 Order No: 48026542 P05 Your Ref: At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: s 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2004-2005 THAT ARE A LIEN NOT YET DUE. A 2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2004-2005. 1ST INSTALLMENT: PENALTY: 2ND INSTALLMENT: PENALTY AND COST: HOMEOWNER$ EXEMPTION: CODE AREA: ASSESSMENT NO: $3,285.26, OPEN $328.52 (DUE AFTER DECEMBER 10} $3,285.26, OPEN $338.52 (DUE AFTER APRIL 10) $NONE 09064 215-310-29 B 3. SUPPLEMENTAL OR ESCAPED TAXES FORT~ FIS~~ ~oo~-2005 ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 1ST INSTALLMENT: PENALTY: DELINQUENT: 2ND INSTALLMENT: PENALTY: DELINQUENT: CODE AREA: ASSESSMENT NO. : $1,662.12, OPEN $166.21 JANUARY 3, 2005 $1,662.12, OPEN $176.21 MAY 2, 2005 09064 849-470-42-94 c 4. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) 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. D 5. COVEN.ANTS, CONDITIONS AND RESTRICTIONS {BUT OMITTING THEREFROM ANY PREB -10/31/97bk COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN, IF ANY, UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS) AS SET FORTH IN THE DOCUMENT. RECORDED: MAY 6, 1971 AS FILE NO. 93263 OF OFFICIAL RECORDS • Page 2 SCHEDULE B ( continued) • • Order No: 48026542 · P05 Your Ref: E SAID CO\:'ENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF;SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FA~TH AND FOR VALUE. F . NOTE: ~F YOU SHOULD REQUEST A COPY OF THE DOCUMENT .REFERRED T.O ABOVE, THE CALIFO~IA GOVERNMENT CODE SECTION 12956.l REQUIRES THAT.A COUNTY RECORDER, TITLE I~SURANCE COMPANY, ESCROW COMPANY, REAL ESTATE BROKER, REAL ESTA~E AGENT, OR ASSOCIATION THAT PROVIDES A COPY OF A DECLARATION, GOVERNING DO~, OR DEED TO ANY PERSON SHALL PLACE A COVER PAGE OR STAMP ON THE FIRST PJ}.GE OF THE PREVIOUSLY RECORDED DOCUMENT OR DOCUMENTS STATING, IN AT L~T 14-POINT BOLDFACE TYPE, THE FOLLOWING: IF THIS\DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, F~ILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTR¥, THAT RESTRICTION VIQt.iAT~S S~~t~ ~ FEDERAL FAIR.HOUSING LAWS AND IS VOIDl AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE GOVERNMENT CODE. J!.AWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN .SENIOR HOUSING _QR HO.US.IJiG _F,Q_R O_L_D$2. .~J:1:.R.S.OJ.1.S .SJi~•L NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. G 6. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW \ AMOUNT:! DATED: l TRUSTORt i TRUSTEE~ BENEFICIARY: RECORDE~: $160,000.00 JULY 22, 2004 CYRIAC P. ALEXANDER AND ALICE C. ALEXANDER, HUS~ AND WIFE FIRST TRUSTEE SERVICES, INC., A MISSOURRI CORPORATION MO~TGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. JULY 30, 2004 AS FILB NO. 2004-718243, OFFICIAL RECORDS H 7 . A DEED 0F TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN 'PREUMBC-9/23/93bk BELOW I l AMOUNT: j DATED: ; TRUSTOR~ ' TRUSTEE~ BENEFIC:µRY: RECORDED: ORIGINAi, LOAN NUMBER:; $500,000.00. 08/26/2004 CYRIAC P. ALEXANDER AND ALICE C. ALEXANDER, HUSBAND AND WIFE AMERICAN SECURITIES COMPANY WELLS FARGO BANK, N.A. SEPTEMBER 9, 2004 AS FILE NO. 2004-0857348 OF OFFICIAL RECORDS NONE SHOWN • Page 3 OrderNo: 48026542 P05 SCHEDULE B ---(continued) Your Ref: r THE ABOVE DEED OF TRUST APPEARS TO SECURE A HOME EQUITY TYPE OF LOAN. IF THIS LOAN IS TO BE PAID OFF AND RECONVEYED THROUGH THIS TRANSACTION, CHICAGO TITLE WILL REQUIRE A WRITTEN STATEMENT FROM THE BENEFICIARY THAT A FREEZE IS IN EFFECT ON THE ACCOUNT AND THE DEMAND FOR PAY OFF MUST PROVIDE THAT A RECONVEYANCE WILL BE ISSUED UPON PAYMENT OF THE AMOUNTS SHOWN THEREIN. ,;r ENDOFSCHEDULEB x NOTE NO. 1 : THE LAND REFERRED TO IN THIS PRELIMINARY REPORT WAS IDENTIFIED IN THE ORDER APPLICATION ON!.!Y ~¥ S1~~~ APDRE~~ QR ASSESSOR'S PARCEL NUMBER. THIS LAND HAS BEEN LOCATED ON THE ATTACHED MAP. THE USE OF A STREE~ ADDRESS OR ASSESSOR'S PARCEL NUMBER CREATES AN UNCERTAINTY AS TO THE CORRECT LEGAL DESCRIPTION FOR THE LAND INVOLVED IN YO~ ~AA,NSACTION. PLEASE REVIEW THE MAP. IS THE CORRECT LAND LOCATED ON THE MAP? IF YOUR TRANSACTION INVOLVES OTHER LAND OR MORE LAND OR LESS LAND_ THAN THAT LOCATED ON THE ~p YOU SHOULD IMMEDIATELY ADVISE YOUR TITLE OFFICER OR ESCROW OFFICER.; L NOTE NO~ 2: MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. M NOTE NO~ 3: RIGHTS OF PARTIES IN POSSESSION. N NOTE NO., 4 : THE ONLY CONVEYANCES AFFECTING SAID LAND, WHICH RECORDED WITHIN TWENTYFOUR (24) MONTHS OF THE DATE OF THIS REPORT, ARE AS FOLLOWS: 0 p Q PREUMBG-9/23/93bk GRANTOR: GRANTEE~ RECORDED: S. LAWRENCE FERRO AS TRUSTEE OF THE S. LAWRENCE FERRO TRUST DATED MAY 3, 2004 CYRIAC P. ALEXANDER AND ALICE C. ALEXANDER, HUSBAND AND WIFE JULY 30, 2004 A-S FILE NO. 2004-0718241, OFFICIAL RECORDS NOTE NOi 5: THERE IS LOCATED ON SAID LAND A MULTIPLE FAMILY RESIDENCE KNOWN A~ 6722-24 CORINTIA STREET, CARLSBAD, CA. NOTE NO: 6: 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. I NOTE: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB-ESCROW ACCOUNTS. THE MANDATORY HOLD • • .. Notice You may be ~ntitle4 to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in Califoiinia between May 19, 1995 and November 1, .2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. ' If your previous trJisaction involved the same property that is the subject of your current transaction, you do not have .to .do anything; the Company will .provide the .discount, .provided you .are .paying for escrow .or title services in this transaction. ! I If your previous transaction involved property different from the property that is subject of your current transaction, you mtjst inform the Company of the earlier transaction, provide the address of the property involved in the previous tran4action, and the date or approximate date that the escrow closed to be eligible for the disco~t. I Unless you inform ~e Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company info~ation concerning a prior transaction, the Company is required to determine if you qualify for a discount. i • • f AGN -11 /2.2/04 AA • SCHEDULE A • Order No: 4802654.2 POS Your Ref: 1. The estate or interest in the land hereinafter described or referredto ~overed by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: CYRIAC P. ALEXANDER AND ALICE C. ALEXANDER, HUSBAND AND WIFE 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: • LOT 367 OF LA COSTA MEADOW UNIT NO. 2, IN THE CITY OF CARLSBAD, ·COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6905, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 21, 1971. PREA -10/31/97bk • SCHEDULE B Page 1 Order No: 48026542 P0S Your Ref: At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: s 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2004-2005 THAT ARE A LIEN NOT YET DUE. A 2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2004-2005. 1ST INSTALLMENT: PENALTY: 2ND INSTALLMENT: PENALTY AND COST: HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $3,285.26, OPEN $328.52 (DUE AFTER DECEMBER 10) $3,285.26, OPEN $338.52 (DUE AFTER APRIL 10) $NONE 09064 215-310-29 B 3. SUPPLEMENTAL OR ESCAPED TAXES FOR THE FISCAL YEAR 2004-2005 ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 1ST INSTALLMENT: PENALTY: DELINQUENT: 2ND INSTALLMENT: PENALTY: DELINQUENT: CODE AREA: ASSESSMENT NO. : $1,662.12, OPEN $166.21 JANUARY 3, 2005 $1,662.12, OPEN $176.21 MAY 2, 2005 09064 849-470-42-94 c 4. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) 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. D 5. COVENANTS, CONDITIONS AND RESTRICTIONS (BUT OMITTING THEREFROM ANY PREB -10/31/97bk COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN, IF ANY, UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS) AS SET FORTH IN THE DOCUMENT. RECORDED: MAY 6, 1971 AS FILE NO. 93263 OF OFFICIAL RECORDS • Page 2 SCHEDULE B ( continued) •· Order No: 48026542 P05 Your Ref: E 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. F NOTE: IF YOU SHOULD REQUEST A COPY OF THE DOCUMENT REFERRED TO ABOVE, THE CALIFORNIA GOVERNMENT CODE SECTION 12956.1 REQUIRES THAT A COUNTY RECORDER, TITLE INSURANCE COMPANY, ESCROW COMPANY, REAL ESTATE BROKER, REAL ESTATE AGENT, OR ASSOCIATION THAT PROVIDES A COPY OF A DECLARATION, GOVERNING DOCUMENT, OR DEED TO ANY PERSON SHALL PLACE A COVER PAGE OR STAMP ON THE FIRST PAGE OF THE PREVIOUSLY RECORDED DOCUMENT OR DOCUMENTS STATING, IN AT LEAST 14-POINT BOLDFACE TYPE, THE FOLLOWING: IF THIS DOCUMENT ~ONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. G 6. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: $160,000.00 JULY 22, 2004 CYRIAC P. ALEXANDER AND ALICE C. ALEXANDER, HUSBAND AND WIFE FIRST TRUSTEE SERVICES, INC., A'MISSOURRI CORPORATION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,.INC. JULY 30, 2004 AS FILE NO. 2004-71.82_43, OFFICIAL RECORDS H 7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN PRELIMBC·9/23/93bk BELOW AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: ORIGINAL LOAN NUMBER: $500,000.00 08/26/2004. CYRIAC P. ALEXANDER AND ALICE C. ALEXANDER, HUSBAND AND WIFE AMERICAN SECURITIES COMPANY WELLS FARGO BANK, N.A. SEPTEMBER 9, 2004 AS FILE NO. 2004-0857348 OF OFFICIAL RECORDS NONE SHOWN • Page 3 SCHEDULE B ( continued) • Order No: 48026542 P05 Your Ref: I THE ABOVE DEED OF TRUST APPEARS TO SECURE A HOME EQUITY TYPE OF LOAN. IF THIS LOAN IS TO BE PAID OFF AND RECONVEYED THROUGH THIS TRANSACTION, CHICAGO TITLE WILL REQUIRE A WRITTEN STATEMENT FROM THE BENEFICIARY THAT A FREEZE IS IN EFFECT ON THE ACCOUNT AND THE DEMAND FOR PAY OFF MUST PROVIDE THAT A RECONVEYANCE WILL BE ISSUED UPON PAYMENT OF THE AMOUNTS SHOWN THEREIN. J END OF SCHEDULE B K NOTE NO. 1 : THE LAND REFERRED TO IN THIS PRELIMINARY REPORT WAS IDENTIFIED IN THE ORDER APPLICATION ONLY BY STREET ADDRESS OR ASSESSOR'S PARCEL NUMBER. THIS LAND HAS BEEN LOCATED ON THE ATTACHED MAP. THE USE OF A STREET ADDRESS OR ASSESSOR'S PARCEL NUMBER CREATES AN UNCERTAINTY AS TO THE CORRECT LEGAL DESCRIPTION FOR THE LAND INVOLVED IN YOUR TRANSACTION. PLEASE REVIEW THE MAP. IS THE CORRECT LAND LOCATED ON THE MAP? IF YOUR TRANSACTION INVOLVES OTHER LAND OR MORE LAND OR LESS LAND THAN THAT LOCATED ON THE MAP YOU SHOULD IMMEDIATELY ADVISE YOUR TITLE OFFICER OR ESCROW OFFICER. L NOTE NO. 2: MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. M NOTE NO. 3: RIGHTS OF PARTIES IN POSSESSION. N NOTE NO. 4: THE ONLY CONVEYANCES AFFECTING SAID LAND, WHICH RECORDED WITHIN TWENTYFOUR (24) MONTHS OF THE DATE OF THIS REPORT, ARE AS FOLLOWS: GRANTOR: GRANTEE: RECORDED: S. LAWRENCE FERRO AS TRUSTEE OF THE S. LAWRENCE FERRO TRUST DATED MAY 3, 2004 CYRIAC P. ALEXANDER AND ALICE C. ALEXANDER, HUSBAND AND WIFE JULY 30, 2004 AS FILE NO. 2004-0718241, OFFICIAL RECORDS o NOTE NO. 5: THERE IS LOCATED ON SAID LAND A MULTIPLE FAMILY RESIDENCE KNOWN AS 6722-24 CORINTIA STREET, CARLSBAD, CA. p NOTE NO. 6: 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. a NOTE: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB-ESCROW ACCOUNTS. THE MANDATORY HOLD PRELIMBC·9/23/93bk • Page 4 SCHEDULE B ( continued) • Order No: 48026542 P05 Your Ref: PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. NOTE: ANY FUNDING WIRES TO CHICAGO TITLE COMPANY ARE TO BE DIRECTED AS . FOLLOWS: BANK OF AMERICA 1850 GATEWAY BOULEVARD CONCORD, CALIFORNIA ABA 121-000358 CREDIT TO CHICAGO TITLE DEPOSITORY ACCOUNT NO. 12351-50751 FURTHER CREDIT TO ORDER NO: 048026542 ATTN: SHEILA HOLLANDER TITLE OFFICER R CM PRELIMBC-9/23/93bk . . • • Notice You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company is required to determine if you qualify for a discount. AGN --11 /22/04 AA FROM PHONE NO. 5192598158 Dec. 03 2005 08:51AM P2 . . . ~ Sf/. A ~Sempr~ Ettergyutilliy· : ·.·.; ·\·· ... /', • Account Number 4817 755 538 5 .PATRICK PASEFIKA Ouestions? iPreguntas? 6722 CORJNTIA ST CB Date Mailed: .Tun.. 12, 2006 JSlcase Call: 1-800-411-SDGE(.7343) Por Favor Uatne: l-800-3ll-SDGE(7343) Web Address: www.sdge.com email: info@sdge.com Page 2 of 2 x Service/Ra ti: Mete,-# GAS/GRLI #00674816 ELEC/DRLI #01081514 Dates/ Meter Readingi1 Meter Therm Total Usage C4>nstant Multiplier os.,o I oa.os 6885 6912 1.000 1.014 27 Therms Bar.eline Allowance 15 Therms CARE Baseline Usage 15 Therms @ $.94441 CARE Non-Bas.elina Usage 12 Therms@$1.12773 SDG&e's Average CoJt Par Ther.m This Month $.69200 • Reflects a .CARE Discount Of $8.93 Total Gas Charges 05-10 I 06-09 23721 24448 I 727 kWh I Baseline Allowance 306 kWh CARE Baseline 306 kWh I $.04377 9/ 30 Days 101¾ ~ 130% CARE B-aseline 92 kWh .S.06394 9/ 30 Day$ 131 % • 200% CAR.E B~!!eli~ 214 kWh $.1593~ 9/ 30. Day{' 201% -300% CARE Baseline 115 kWh $.15939 9130 Days CARE Baseline 306 kWh@ $.06012 21/ 30 Days 101 % • 130% CARE Bar.eline 92 kWh @ S.08029 211 30· Days 131 % -200% CARE Baseline 214 kWh @ S.14072 21/ 30 D;1ys 201 •/4 -300% CARE Bas.eline 115 kWh @ $.14072 21130 Days Residential CARE Discount CARE Electric Energy Charge Baseline -306 kWh @ $.08490 91 30 Days 101•/o -130% of Baseline• 92 kWh! S.08490 91 30 Days 131% • 200% of Baseline-214 kWh S.08490 9/ 30 Days 201 % • 300% of Baseline -115 kWh S.08490 9/ 30 Days B;3seli~ • 306 kWh@ $.06855 21/ 30 Days 101% ~ 130% of 8aselj~~·~=.,,tkWh@S.06855 21130 Days 131% • 200% of _Baseline~,2-l~ kWh @$.06855 21/ 30 Days 201 % -300% of Baseline -·11~ kWh @ S.06855 21/ 30 Days • • Total Electric Charges The Total Electric Charges shown above include the following components. Please~ definitions on back of bill. Electric. En.ergy ...................... _. .............................. . Transm1ss1on ........................................................ . Distribution ........................................................... . Public Purpose Programs .. : ................................ . Nuclear Decommissioning .................................. . Trust Transfer Amount ....................................... . Com,>Gtition Transition Charge ......................... . Reliability Services ............................................. . 2006 Rate Design Settlement. ................ ~ .......... . 5J.~ 5.54 W.11 4.43 .33 4.73 3.68 7.92 -.61 Amount $27.70 27.70 $71.97 -25.74 7.79 2.34 5.45 2.93 14.68 4.41 10.27 5.52 9§.62 ••• --·--·-rorar1:1ectr:tc.Costs,w ..... ::::::::;-.::::::::::::-......... : .. : .... . .. '99.62 ---·------ OTHER ACCOUNT CHARGES Franchise Fees on Electric Energy Supplied by Others ............................................................ . State Surcharge Tax .00022fkWh ................................................................................................. . State Regulatory Fee .00076fTherm .00012/kWh. ....................................................................... . Public Purpose Program -Gas .02079/Therm ........................................................ : .................... . Total Of Current Charges .................................. ; ...... , .................................................................... . Lass -Credit Balance .................................................................... , ............................................... . TOTAL AMOUNT DUE •................. ·-······-·······-······ ........................................................................ . AU c:ustolSll!ts are required to pay a Competition Transition Charge as part of the charges 4bovc, including those who choose an t::ki.-tric service provider other than SDG&E. 0.25 0.16 0.11 0.56 128.40 -2.17 $125.63 Y 11ur c:lel!tric energy charges include charges for that portion of yolU' energy usage provided by the Department of Water Resources (DWR). SDG&E collL-cts chargu tor powef provided by DWR as an a~ent ofDWR. DWR iJ: collecting 8.142 cents for each kWh it provid11s. ~