HomeMy WebLinkAboutMCUP 09-15; SPRINT SD55XC014 - 2200 FARADAY AVENUE; Minor Conditional Use Permit (MCUP),,,
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«~?> ~ CITY OF
DISCLOSURE
STATEMENT
P-1(A)
Development Services
Planning Department
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1.
2.
P-1(A)
APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person________ Corp/Part 5~(\~t Ne'L¾\
Title____________ Title _____________ _
Address________ Address S7lol Co(?\fltl 0Y,
OWNER (Not the owner's agent) Sa,n vt~o CA q2u I
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person -----------Title ___________ _
Address _________ _
Corp/Part ..J2k. f!gy_tJ.d.a.M , L-· p,
Title c/f?~ /,.o/tl~~et-~you~
Address 5405 m oce,h PM 5< Dk:-S+e.. :,-z..o
3M To'e!j2 cA q 2-l 2-I
Page 1 of 2 Revised 04/09
«~;)
~ CITY OF
CARLSBAD
•
PROJECT
DESCRIPTION
P-1(8)
PROJECT NAME: ('JD00X.CO IL\-
APPLICANT NAME: £vy:, nt-\"-)..eXW
Development Services
Planning Department
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description;:;~ Jb CUP ~ e,,tl/:)1''3 ~f(i11,t-~e_~W
,ia.cJ i h4,. Si iJ2 w I LI be, mo&i 61 d tu
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CClY.J\'~? t--3 SVVlPt,l[ -2J~ AVLter?nutS vl/lD~
(A ~ ~ ~ ~ f YY\Jl,ef Qilbnrts.
All rs vYiounhd c,n ~ , o1 .Af1.J_ sereeru,J
~-h'V'l d n~ par~+-
Page 1 of 1 Revised 04/09
15. If residential, include the number of units and schedule of unit sizes: _ ...... VIJ.ll"-'0--"--'='-------
16. If commercial, indicate the type, whether neighbor ood, city or regionally oriented, square footage
17.
18.
19.
P-1(0)
of sales area, and loading facilities: ______ .....,_.""'-le,,----------------
If industrial, indicate type, estimated employment per shift, and loading facilities: __ h-,-{~Dl""'....,=--
If institutional, indicate the major function, estimated employment per shift, estimated o{cupancy,
loading facilities, and community benefits to be derived from the project: vt 0, ,
If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: ___________________ _
1),v., vo,ed: t S Ce1jAt'v--e& iv £?ro\) ~ ck <:J: m.cu,A~cu'n
7p <~ 0-\-Nt-x. W -\-c ltf Vlom Y)./ J 1' C,L, to ~ ~
/;;J'v<Jf ( 0 u,V\_J.t~ 1k, s rti
Page 3 of 4 Revised 04/09
.. •
,. La~ers Title
' INSURANCE CORPORATION
DePratti, Inc.
13948 Calle Bueno Ganar
Jamul, CA 91935
Attn: Debra Gardner
Your Reference No: SD055XC014
Lawyers Title
4100 Newport Place Drive
Suite 120
Newport Beach, CA 92660
Phone: (949) 724-3170
Our File No: 11727510 -10
Title Officer: Chris Maziar
e-mail: unit10@ltic.com
Phone: (949) 724-3170
Fax: (949) 258-5740
Property Address: 2200 Faraday Avenue, City of Carlsbad, California
PRELIMINARY REPORT
Dated as of September 1, 2009 at 7:30 a.m.
In response to the above referenced application for a policy of title insurance, Lawyers Title Company
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or
Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,
insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown
or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said
Policy or Policies are set forth in Exhibit B attached. The policy to be issued may contain an arbitration
clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all
arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the
exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA
Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar
Limit of Liability for certain coverages are also set forth in Exhibit B. Copies of the Policy forms should
be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions
set forth in Exhibit B of this report carefully. The exceptions and exclusions are meant to
provide you with notice of matters which are not covered under the terms of the title
insurance policy and should be carefully considered. It is important to note that this
preliminary report is not a written representation as to the condition of title and may not
list al/ liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of
facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired
that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment
should be requested.
CLTA Preliminary Report (Revised 11-17-06)
Page 1
• File No: 11727510
SCHEDULE A
The form of policy of title insurance contemplated by this report is:
A Preliminary Report Only
The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE as to Parcel 1-A;
AN EASEMENT more fully described below as to Parcels 1-B & 1-C
Title to said estate or interest at the date hereof is vested in:
DL Faraday, LP., a Delaware limited partnership
The land referred to herein is situated in the County of San Diego, State of California, and is
described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Page 2
File No: 11727510
EXHIBIT "A"
All that certain real property situated in the County of San Diego, State of
California, described as follows:
Parcel 1-A:
All that portion of Lots 44 and 45 of Carlsbad Tract No. 85-24, in the City
of Carlsbad, County of San Diego, State of California, according to Map
thereof No. 11810, filed in the Office of the County Recorder of San Diego
County, May 19, 1987, being also a portion of that parcel of land
described in Certificate of Compliance (CE 04-10) recorded October 6,
2004 as Instrument No. 2004-0948730, of Official Records as Instrument
No. 2004-0948731 as Instrument No. 2004-948732 and as Instrument
No. 2004-0948733 and also Parcel 1 of New Certificate of Compliance
recorded April 5, 2005 as Instrument No. 2005-0275880, all of Official
Records, described as follows:
Beginning at the Southwest corner of said Lot 45, said point being on the
arc of a non-tangent 1158.00 foot radius curve concave to the North, a
radial to said point bears South 05° 27' 55" East;
Thence along the Southerly line of said Lots 44 and 45 the following four
( 4) courses; Easterly, along said curve, through a central angle of 01 ° 19'
04" an arc distance of 26.63 feet;
Thence North 83° 13' 01" East 123.82 feet to the beginning of a tangent
742.00 foot radius curve, concave to the South;
Thence Easterly, along said curve, through a central angle of 27° 45' 24"
an arc distance of 359.46 feet;
Thence South 69° 01' 35" East, 144.83 feet;
Thence leaving said Southerly line, North 19° 58' 42" East, 159.15 feet;
Thence South 70° 01' 18" East, 24.88 feet;
Thence North 19° 58' 42" East 79.30 feet;
Thence North 00° 00' 00" East 362.94 feet;
Thence North 90° 00' 00" West, 85.87 feet;
Thence North 00° 00' 00" East 221.46 feet;
Thence North 42° 27' 39" East 5.56 feet;
Thence South 47° 32' 21" East, 102.02 feet;
Thence South 90° 00' 00" East 22. 70 feet;
Thence North 00° 00' 00" East, 5.68 feet;
Thence North 42° 26' 00" East 20. 96 feet to the Northerly corner common
to said Lots 44 and 45;
Thence along the Northeasterly, Northerly and Westerly lines of said Lot
45 the following three (3) courses; North 47° 31' 46" West, 263.27 feet;
Page 3
File No: 11727510
Thence North 89° 19' 21" West, 568.38 feet;
Thence South 00° 40' 39" West 862.58 feet to the point of beginning.
Excepting therefrom all oil, gas and other hydrocarbon substances and
minerals, including rights incidental to such ownership, now or at any time
hereafter situated in and under the hereinafter described land and lying
below a depth of 500 feet measured from the surface of said land but
without any right to enter upon the surface for extraction or removal of
such oil, gas or other hydrocarbon substances, or minerals, and without
any right to penetrate or to pass through the 500 foot space immediately
below said surface for purposes of such extraction or removal, as granted
or reserved in various instruments of record on file in the Office of the
County Recorder of San Diego County, California.
Parcel 1-B:
A Declaration and Reservation of Reciprocal Access Easement Agreement
regarding reciprocal access easement, drainage easements, parking
easements and utility easements such that each lot has reciprocal rights
to access and maintain the routes and utilities serving each lot recorded
October 6, 2004 as File No. 2004-0948728 and First Amendment to
Declaration Establishing Reciprocal Easements and Covenants Running
with the Land for Faraday Corporate Center recorded March 1, 2005 as
Document No. 2005-0164804, of Official Records over Parcel C shown
below and a Second Amendment to Declaration Establishing Reciprocal
Easements and Covenants Running with the Land for Faraday Corporate
Center recorded April 5, 2005, as Document No. 2005-0275885, Official
Records.
Parcel 1-C:
Easements for reciprocal access, over, under, along and across Parcels 2,
3 and 4 as shown on City of Carlsbad Certificate of Compliance No. CE-04-
10, CE-04-22 and CE-04-23 in the City of Carlsbad, County of San Diego,
State of California, recorded in the Office of the County Recorder of said
County October 6, 2004 as File Nos. 2004-0948730, 2004-0948732, and
2004-0948733, all of Official Records and contained in Certificate of
Compliance recorded April 5, 2005 as File Nos. 2005-0275881, 2005-
0275882 and 2005-0275883, all of Official Records.
Assessor's Parcel Number: 212-120-41
Page 4
File No: 11727510
SCHEDULE B -Section A
The following exceptions will appear in policies when providing standard coverage as outlined
below:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the Public Records; (b)
proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests or claims that are not shown by the Public Records but that could
be ascertained by an inspection of the Land or that may asserted by persons in possession of
the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the
Title that would be disclosed by an accurate and complete land survey of the Land and not
shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing
the issuance thereof; (c) water rights, claims or title to water, whether or not the matters
excepted under (a), (b) or (c) are shown by the Public Records.
Page 5
File No: 11727510
SCHEDULE B -Section B
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in
said policy form would be as follows:
A. Property taxes, including general and special taxes, personal property taxes, if any, and any
assessments collected with taxes, to be levied for the fiscal year 2009 -2010 which are a lien
not yet payable.
B. Supplemental Taxes due to the County of San Diego which may be levied by virtue of:
Notice of Completion
C. A pending assessment for the District shown below. When notice of the assessment is
recorded with the County Recorder the assessment shall become a lien on said land.
District:
Disclosed by:
Recorded:
Reassessment Diagram of Reassessment District No. 97-1 (Alga
Road and College Boulevard) City of Carlsbad County of San Diego,
State of California
Assessment District Diagram
December 18, 1997 as Instrument No. 1997-0643902 of Official
Records
D. The lien of any special assessment or tax resulting from the inclusion of the property in a
special assessment district or Mello-Roos Community Facilities District, which may exist by
virtue of assessment maps or notices filed and/or recorded by any such district. Assessments,
if any, arising from such assessment districts may be collected with the regular real property
taxes.
E. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the
Revenue and Taxation Code of the State of California.
1. Water rights, claims or title to water, whether or not shown by the public records.
2. An easement for the
document
Granted to:
Purpose:
Recorded:
Affects:
purpose shown below and rights incidental thereto as set forth in a
Carlsbad Municipal Water District
water facilities
May 16, 1990 as Instrument No. 1990-268768 of Official Records
said land more particularly described therein.
Page 6
• File No: 11727510
3. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Hold Harmless Agreement Drainage
Dated: October 18, 1996
By and between: Puritan-Bennett, the owner(s) and the City of Carlsbad
Recorded: January 30, 1997 as Instrument No. 1997-0040539 of Official
Records
Reference is made to said document for full particulars.
Said matter affects Parcels 1-A, 1-B & 1-C
4. An easement for the
document
Granted to:
Purpose:
Recorded:
purpose shown below and rights incidental thereto as set forth in a
San Diego Gas & Electric Company, a corporation
public utilities, ingress and egress
February 12, 1997 as Instrument No. 1997-0065562 of Official
Records
The exact location and/or extent of said easement is not disclosed in the public records.
Said matter affects Parcel 1-C
5. Covenants, conditions and restrictions as set forth in the document
Recorded: September 18, 2001 as Instrument No. 2001-0671492 of Official
Records
This exception omits any covenant, condition or restriction based on race, color, religion, sex,
handicap, familial status or national origin, unless and only to the extent that the covenant,
condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42
U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped
people.
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.
Among other things, said document provides for assessments, liens and easements.
6. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Memorandum of Agreement
Dated: November 13, 2002
By and between: EQBP-1, L.L.C., a Delaware limited liability company and Sprint PCS
Assets, L.L.C., a Delaware limited liability company
Recorded: November 26, 2002 as Instrument No. 2002-1066977 of Official
Records
Reference is made to said document for full particulars.
Page 7
• File No: 11727510
7. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Notice of Restriction on Real Property
Dated: September 10, 2003
Executed by: City of Carlsbad
Recorded: October 6, 2003 as Instrument No. 2003-01229934 of Official
Records
Said matter affects Parcels 1-A, 1-B & lC
8. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Declaration Establishing Reciprocal Easements and Covenants
Dated:
Executed by:
Recorded:
Running with the Land
September 20, 2004
EQBP-1, L.L.C., a Delaware limited liability company
October 6, 2004 as Instrument No. 2004-0948728 of Official
Records
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the
lien of any mortgage or deed of trust made in good faith and for value.
Said instrument also provides for the levy of assessments, the liens of which are stated to be
subordinate to the lien of a first mortgage or first deed of trust made in good faith and for
value.
Modification(s) of said covenants, conditions and restrictions
Recorded: March 1, 2005 as Instrument No. 2005-0164804 of Official Records
Modification(s) of said covenants, conditions and restrictions
Recorded: April 5, 2005 as Instrument No. 2005-0275885 of Official Records
9. The fact that the ownership of said land does not include rights of access to or from the street
or highway known as Faraday Avenue, abutting said land, such rights having been severed
from said land by the document
Recorded: October 6, 2004 as Instrument No. 2004-0948729 of Official
Records
Said matter affects Parcel 1-A
10. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Hold Harmless Agreement Drainage
Dated: September 17, 2004
Executed by: City of Carlsbad and EQBP-1, LLC
Recorded: October 15, 2004 as Instrument No. 2004-0980133 of Official
Records
Said matter affects Parcels 1-A, 1-B & 1-C
Page 8
• File No: 11727510
11. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Hold Harmless Agreement Panhandle Lots
Dated: September 17, 2004
Executed by: City of Carlsbad and EQBP-1, LLC
Recorded: October 15, 2004 as Instrument No. 2004-0980134 of Official
Records
Said matter affects Parcel 1-C the panhandle lot
12. Covenants, conditions and restrictions as set forth in the document
Recorded: February 1, 2005 as Instrument No. 2005-0086312 of Official
Records
This exception omits any covenant, condition or restriction based on race, color, religion, sex,
handicap, familial status or national origin, unless and only to the extent that the covenant,
condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42
U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped
people.
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the
lien of any mortgage or deed of trust made in good faith and for value.
Said instrument also provides for the levy of assessments, the liens of which are stated to be
subordinate to the lien of a first mortgage or first deed of trust made in good faith and for
value.
Modification(s) of said covenants, conditions and restrictions
Recorded: April 5, 2005 as Instrument No. 2005-0275886 of Official Records
Said matter affects Parcels 1-A, 1-B & 1-C
13. The effect of a conditional certificate of compliance
Dated: March 31, 2005
Executed by: Faraday Spectrum, LLC, a California limited liability company
Compliance No.: ADJ 04-12
Recorded: April 5, 2005 as Instrument No. 2005-0275880 of Official Records
Affects: reference is made to said document for full particulars
Conditions: as follows:
1. Building permits will not be issued for Parcels 3 and 4, unless the City of Carlsbad
determines that sewer and water facilities are available for connection and will be until the
time of connection.
2. A Declaration and Reservation of Reciprocal Access Easement Agreement is required of this
approval to address reciprocal access easements, drainage easements, parking easements
and utility easements such that each lot has reciprocal rights to access and maintain these
routes and utilities serving each lot.
3. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities area available.
Page 9
• File No: 11727510
14. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Dated:
Executed by:
Recorded:
Deed Restriction
March 30, 2005
EQBP-1, L.L.C., a Delaware limited liability company
April 5, 2005 as Instrument No. 2005-0275888 of Official Records
Said matter affects Parcel 1-B
15. An easement for the
document
Granted to:
Purpose:
Recorded:
purpose shown below and rights incidental thereto as set forth in a
Pacific Bell Telephone Company, a California corporation
public utilities, ingress and egress
April 14, 2005 as Instrument No. 2005-0309923 of Official Records
The exact location and/or extent of said easement is not disclosed in the public records.
Said matter affects Parcels 1-B & 1-C
16. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Hold Harmless Agreement Drainage
By and between: EQBP-1, L.L.C., a Delaware limited liability company and City of
Carlsbad
Recorded: July 25, 2005 as Instrument No. 2005-0624277 of Official Records
Reference is made to said document for full particulars.
17. A deed of trust to secure an indebtedness in the amount shown below, and any other
obligations secured thereby.
Amount:
Dated:
Trustor:
Trustee:
Beneficiary:
Recorded:
Loan No.:
$33,600,000.00
January 25, 2007
DL Faraday, L.P., a Delaware limited partnership
American Securities Company, a California corporation
Wells Fargo Bank, National Association
January 26, 2007 as Instrument No. 2007-0057792 of Official
Records
104154
An agreement to modify the terms and provisions of said deed of trust as therein provided
Recorded: March 2, 2009 as Instrument No. 2009-0100828 of Official Records
18. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein.
Lessor:
Lessee:
Disclosed by:
Recorded:
DL Faraday, L.P., a Delaware limited partnership
Dot Hill Systems Corporation, a Delaware corporation
Subordination Agreement; Acknowledgment of Lease Assignment,
Attornment and Non-Disturbance Agreement
March 12, 2007 as Instrument No. 2007-0167165 of Official
Records
The present ownership of the leasehold created by said lease and other matters affecting the
interest of the lessee are not shown herein.
Page 10
• File No: 11727510
An agreement upon the provrsrons contained therein, which states that said lease is
subordinate to the agreement entitled:
Deed of Trust
Recorded:
By Agreement
Recorded:
January 26, 2007 as Instrument No. 2007-0057792 of Official
Records
March 12, 2007 as Instrument No. 2007-0167165 of Official
Records
19. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein.
Lessor:
Lessee:
Disclosed by:
Recorded:
DL Faraday, L.P., a Delaware limited partnership
Angel Studios, Inc., a Virginia corporation, dba Rockstar San Diego
Subordination Agreement; Acknowledgment of Lease Assignment,
Attornment and Non-Disturbance Agreement
March 12, 2007 as Instrument No. 2007-0167166 of Official
Records
The present ownership of the leasehold created by said lease and other matters affecting the
interest of the lessee are not shown herein.
An agreement upon the provisions contained therein, which states that said lease is
subordinate to the agreement entitled:
Deed of Trust
Recorded:
By Agreement
Recorded:
January 26, 2007 as Instrument No. 2007-0057792 of Official
Records
March 12, 2007 as Instrument No. 2007-0167166 of Official
Records
20. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein.
Lessor:
Lessee:
Disclosed by:
Recorded:
DL Faraday Limited Partnership and Landmark Asset Management
Group
Catalina Restaurant
Notice of Non-Responsibility
February 19, 2008 as Instrument No. 2008-0082220 of Official
Records
The present ownership of the leasehold created by said lease and other matters affecting the
interest of the lessee are not shown herein.
21. An easement for the
document
Granted to:
Purpose:
Recorded:
Affects:
purpose shown below and rights incidental thereto as set forth in a
San Diego Gas & Electric Company, a corporation
underground electric facilities, and appurtenances for the
transmission and distribution of electricity, together with the right
of ingress thereto and egress therefrom
October 3, 2008 as Instrument No. 2008-0523528 of Official
Records
said land more particularly described therein.
Said easement contains restrictions on the use, by the owners of said land, of the easement
area as set out in said easement document.
Page 11
• File No: 11727510
22. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein.
Lessor:
Lessee:
Disclosed by:
Recorded:
DL Faraday, L.P., a Delaware limited partnership
Catalina Restaurant Group, Inc., a Delaware corporation
Subordination Agreement; Acknowledgment of Lease Assignment,
Attornment and Non-Disturbance Agreement
March 27, 2009 as Instrument No. 2009-0154268 of Official
Records
The present ownership of the leasehold created by said lease and other matters affecting the
interest of the lessee are not shown herein.
An agreement upon the provisions contained therein, which states that said lease is
subordinate to the agreement entitled:
Deed of Trust
Recorded:
By Agreement
Recorded:
January 26, 2007 as Instrument No. 2007-0057792 of Official
Records
March 27, 2009 as Instrument No. 2009-0154268 of Official
Records
23. Any claims for mechanic's liens on said land that may be recorded by reason of a work of
improvement that is disclosed by a Notice of Completion
Recorded: April 22, 2009 as Instrument No. 2009-0206450 of Official Records
24. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein.
Lessor:
Lessee:
Disclosed by:
Recorded:
DL Faraday, LP., a Delaware limited partnership
Sierra Wireless America, Inc., a Delaware corporation
Subordination Agreement; Acknowledgment of Lease Assignment,
Attornment and Non-Disturbance Agreement
April 24, 2009 as Instrument No. 2009-0211509 of Official Records
The present ownership of the leasehold created by said lease and other matters affecting the
interest of the lessee are not shown herein.
An agreement upon the provisions contained therein, which states that said lease is
subordinate to the agreement entitled:
Deed of Trust
Recorded:
By Agreement
Recorded:
January 26, 2007 as Instrument No. 2007-0057792 of Official
Records
April 24, 2009 as Instrument No. 2009-0211509 of Official Records
25. Any claims for mechanic's liens on said land that may be recorded by reason of a work of
improvement that is disclosed by a Notice of Completion
Recorded: June 3, 2009 as Instrument No. 2009-0299709 of Official Records
Page 12
• File No: 11727510
26. Any claims for mechanic's liens on said land that may be recorded by reason of a work of
improvement that is disclosed by a Notice of Completion
Recorded: June 3, 2009 as Instrument No. 2009-0299710 of Official Records
27. Any other claims for mechanics' lien that may be recorded by reason of a work of improvement
that is disclosed by the mechanic's lien shown in the last above-numbered item.
28. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory
to this Company, or by inquiry of the parties in possession thereof.
29. Any rights, interests or claims of the parties in possession of said land, including but not limited
to those based on an unrecorded agreement, contract or lease.
This Company will require that a full copy of any unrecorded agreement, contract or lease be
submitted to us, together with all supplements, assignments and amendments, before any
policy of title insurance will be issued.
30. Any easements not disclosed by those public records which impart constructive notice and
which are not visible and apparent from an inspection of the surface of said land.
31. 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.
END OF SCHEDULE B EXCEPTIONS
PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH
FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION
Page 13
• File No: 11727510
REQUIREMENTS SECTION:
REQ NO.1: The Company will require a certified copy of Form LPl or LPS, whichever is
applicable, filed with the office of the Secretary of State, pursuant to the California Revised Limited
Partnership Act, Corporations Code Sections 15611 through 15723 by the following limited
partnership:
Limited Partnership: DL Faraday, L.P., a Delaware limited partnership
REQ NO.2: The Company will require that there be filed in the office of the Secretary of State a
certificate of limited partnership in compliance with the provisions of The California Revised Limited
Partnership Act, Section 15611, et seq., Corporations Code and that a Certified Copy thereof be
recorded.
Vestee: DL Faraday, L.P., a Delaware limited partnership
REQ NO.3: The Company will require that it be provided with a full copy of the partnership
agreement of the partnership named below, together with all supplements or amendments thereto,
before issuing any policy of title insurance.
Partnership: DL Faraday, L.P., a Delaware limited partnership
REQ NO.4: The Company will require a certified copy of the Resolution of the Board of
Directors of the following corporation authorizing the transaction for which this Preliminary Report
was ordered.
Corporation: G&I V Investment Faraday Corp., a Delaware corporation
REQ NO.5: The Company will require that the attached "Owner's Information Statement" be
completed by the owner of the estate described or referred to in Schedule A immediately prior to
the close of this transaction and be returned to us.
The purposes of the Owner's Information Statement is to provide the Company with certain
information that cannot necessarily be ascertained by making a physical inspection of the land.
REQ NO.6: The Company will require that, upon completion of the improvements under
construction on the land, a Notice of Completion be recorded in the office of the County Recorder.
Page 14
File No: 11727510
INFORMATIONAL NOTES SECTION
NOTE NO. 1: The information on the attached plat is provided for your convenience as a guide to
the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a
part of any policy, report or guarantee to which it may be attached.
NOTE NO. 2: California insurance code section 12413.1 regulates the disbursement of escrow
and sub-escrow funds by title companies. The law requires that funds be deposited in the title
company escrow account and available for withdrawal prior to disbursement. Funds deposited with
the company by wire transfer may be disbursed upon receipt. Funds deposited with the company
via cashier's check or teller's check drawn on a California based bank may be disbursed on the next
business day after the day of deposit. If funds are deposited with the company by other methods,
recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the
company will be deposited with other escrow funds in one or more non-interest bearing escrow
accounts of the company in a financial institution selected by the company. The company may
receive certain direct or indirect benefits from the financial institution by reason of the deposit of
such funds or the maintenance of such accounts with such financial institution, and the company
shall have no obligation to account to the depositing party in any manner for the value of, or to pay
to such party, any benefit received by the company. Those benefits may include, without limitation,
credits allowed by such financial institution on loans to the company or its parent company and
earnings on investments made with the proceeds of such loans, accounting, reporting and other
services and products of such financial institution. Such benefits shall be deemed additional
compensation of the company for its services in connection with the escrow or sub-escrow.
WIRING INSTRUCTIONS FOR THIS OFFICE ARE:
Comerica Bank
2321 Rosecrans Avenue, 5th Floor
El Segundo, CA 90245-4903
Phone: (800) 376-0430
ABA #121-137-522
Credit To: Lawyers Title Company -Orange County
Account #1891986547
RE: 11727510 903 -CMC
PLEASE INDICATE LAWYERS TITLE COMPANY ESCROW OR TITLE ORDER NUMBER
NOTE NO. 3: The charges which the company will make for next day messenger services (i.e.
Federal Express, UPS, DHL, Airborne, Express mail, etc.) Are $15.00 per letter, standard overnight
service, and $25.00 for larger size packages and/or priority delivery services. Such charges
include the cost of such messenger service and the company's expenses for arranging such
messenger service and its overhead and profit. Special messenger services will be billed at the
cost of such services. There will be no additional charge for pick-up or delivery of packages via the
company's regularly scheduled messenger runs.
Page 15
File No: 11727510
NOTE NO. 4 THIS COMPANY REQUIRES CURRENT BENEFICIARY DEMANDS PRIOR TO CLOSING.
If the demand is expired and a current demand cannot be obtained, our requirements will be as
follows:
(a) If this Company accepts a verbal update on the demand, we may hold an amount equal to
one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may
have stipulated.
(b) If this Company cannot obtain a verbal update on the demand, we will either pay off the
expired demand, or wait for the amended demand, at our discretion.
(c) All payoff figures are verified at closing. If the customer's last payment was made within 15
days of closing, our Payoff Department may hold one month's payment to insure check has cleared
the bank (unless a copy of the cancelled check is provided, in which case there will be no hold).
NOTE NO. 5: Property taxes, including general and special taxes, personal property taxes, if any,
and any assessments collected with taxes, for the fiscal year shown below, are paid. For proration
purposes the amounts are:
Fiscal year
1st Installment:
2nd Installment:
Land Value
Improvement Value:
Exemption:
Code Area:
Assessment No.:
2008 -2009
$220,687.53 (Paid)
$220,687.53 (Paid)
$12,240,000.00
$30,090,000.00
$-0-
09013
212-120-41
NOTE NO. 6: Supplemental taxes, assessed pursuant to the provisions of Chapter 3.5
(commencing with Section 75) of the Revenue and Taxation Code, of the State of California, for the
fiscal year shown below, are paid. For proration purposes the amounts are:
Fiscal year
1st Installment:
2nd Installment:
Supplemental Bill No.:
2008 -2009
$31,021.88 (Paid)
$31,021.88 (Paid)
8790633837
NOTE NO. 7: Supplemental taxes, assessed pursuant to the provisions of Chapter 3.5
( commencing with Section 75) of the Revenue and Taxation Code, of the State of California, for the
fiscal year shown below, are paid. For proration purposes the amounts are:
Fiscal year
1st Installment:
2nd Installment:
Supplemental Bill No.:
2008 -2009
$3,741.40 (Paid)
$3,741.40 (Paid)
8891411768
NOTE NO. 8: Any claim of lien that may be filed against said land by reason of the work of
improvement thereon, as disclosed by an inspection.
We may require the recording of a notice of completion and expiration of the appropriate lien
period prior to the issuance of title insurance.
If you wish to record prior to the expiration of the appropriate lien period, an indemnity must be
arranged with this Company.
Page 16
File No: 11727510
NOTE NO. 9: The ALTA Loan policy to be issued after completion of improvements will include
Cl TA No. 100 endorsement, provided there then exists no violation of covenants, conditions or
restrictions, and no encroachments of improvements onto easements or otherwise, but only insofar
as such endorsements relate to matters shown in this report.
Typist: jf2
Date Typed: September 11, 2009
Page 17
Exhibit B (Revised 11-17-06)
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY-1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the
character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership
or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a
notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in
the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a
purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under
this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured
mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in
which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced
by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction
creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors'
rights laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection
of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, 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.
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/22/03)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws
and regulations concerning:
a. building
b. zoning
c. Land use
d. improvements on the Land
e. Land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in
the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
File No: 11727510
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This
Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 14:
Covered Risk 15:
Covered Risk 16:
Covered Risk 18:
Your Deductible Amount Our Maximum Dollar
Limit of Liability
1% of Policy Amount or $2,500 $10,000
(whichever is less)
1 % of Policy Amount or $5,000 $25,000
(whichever is less)
1% of Policy Amount or $5,000 $25,000
(whichever is less)
1 % of Policy Amount or $2,500 $5,000
(whichever is less)
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6·1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
• land use
• improvements on the land
• land division
• 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 Title 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. Title 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 after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered
Title 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 Item 3 of Schedule A
OR
• in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH ALTA 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 enjoyment of the land; (ii) the
File No: 11727510
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 (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 to the extent insurance is afforded herein as to
assessments for street improvements under construction or completed at 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.
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 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 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.
7. 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:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;
or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or 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.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions:
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 notices of such proceedings, whether or not shown
by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of
the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, 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.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or
limit the coverage provided under Covered Risk 5.
File No: 11727510
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under
this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under
Covered Risk 11, 13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured
Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the
coverage provided under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from
Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by
reason of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or
assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of
the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
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.
4. 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:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent
transfer; or
File No: 11727510
(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.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following General Exceptions:
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 notices of such proceedings, whether or not shown
by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of
the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, 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.
2006 ALTA OWNER'S POLICY {06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or
limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under
this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under
Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown
in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from
Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by
reason of:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or
assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of
the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records.
File No: 11727510
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01)
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 areas 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 s
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. This exclusion does not limit the coverage
provided under Covered Risks 12, 13, 14, and 16 of this 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. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and
16 of this 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 (this paragraph does not limit the coverage provided under Covered Risks 8,
16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured
Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of 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.
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, except as provided in Covered Risk 27, or any consumer credit protection or
truth in lending law.
6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy.
This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26.
7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications
made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest
covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8.
8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest
charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured
at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate
of Interest is greater as a result of the modification than it would have been before the modification. This exclusion does not
limit the coverage provided in Covered Risk 8.
9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in
accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation
appears in the Public Records at Date of Policy.
DISASTER LOANS {CTIC, CL TIC, FNTIC, L TIC, SUTIC, TTIC,
TTIFL)
The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or
refinancing by an owner of record, within 24 months of the date of a declaration of a
disaster area by the government of the United States or the State of California on any land
located in said area, which was partially or totally destroyed in the disaster, will be
50% of the appropriate title insurance rate.
CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS
{CTIC, FNTIC, TTIC, TTIFL)
On properties used as a church or for charitable purposes within the scope of the
normal activities of such entities, provided said charge is normally the church's
obligation the charge for an owner's policy shall be 50% to 70% of the appropriate
title insurance rate, depending on the type of coverage selected. The charge for a
lender's policy shall be 32% to 50% of the appropriate title insurance rate,
depending on the type of coverage selected.
CHURCHES OR CHARITABLE NON-PROFITABLE
ORGANIZATIONS {SUTIC)
Where established custom dictates that charges for owners and/or lenders
insurance be paid for by churches, charitable or like eleemosynary non-profit
organizations on property dedicated to church or charitable use, the following
charge may be applied: 50% of the Basic Insurance Rate Table, applicable for the
type of coverage requested.
SHORT TERM RATE {SUTIC)
Unless expressly excluded herein, the Short Term Rate applies on orders placed
within sixty (60) months of the date of prior CLTA or ALTA policy. Short Term Rate is
applicable to policies of title insurance only and not to any other charges contained
herein. The Short Term Rate may be applied to increased liability charges provided
the reissued policy is issued within sixty (60) months. The short term rate is 64%
to 100% of the appropriate title insurance rate depending on the type of coverage
selected.
SHORT TERM RATE {CTIC, TTIC, TTIFL)
The Short Term Rate is a reduction of the charges shown in the Insurance Tables
which is allowable only when the current order is placed within 60 months from the
date of issuance of a prior CLTA or ALTA Form of Policy of any qualified title insurer and
provided further that the granter, borrower, lender, lessor or assignor is insured by
or under the terms of a prior policy, or is the vested owner of the interest insured by
said policy. The short term rate is 64% to 92% of the appropriate title insurance
rate depending on the type of coverage selected.
SHORT TERM RATE {CL TIC, FNTIC, L TIC)
If there is an insured owner and an order for title insurance is placed within 5 years
following the effective date of any prior policy of any title insurer, the charge will be
80% of the appropriate title insurance rate.
EMPLOYEE RATE (CTC, CTIC, CL TC, CL TIC, FNTC, FNTCCA,
FNTIC,LTC,LTIC,SUTIC,TTCC,TTIC)
No charge shall be made to employees (including employees on approved
retirement) of the Company or its underwritten, subsidiary or affiliated title
companies for policies or escrow services in connection with financing, refinancing,
sale or purchase of the employees' bonafide home property. Waiver of such charges
is authorized only in connection with those costs which the employee would be
obligated to pay, by established custom, as a party to the transaction.
CA Discount Notice Page 2 Effective Date: 9/3/2009
, • La:wY-ers Title !. INSURANCE CORPORATION
"Notice to Customers"
Lawyers Title
4100 Newport Place Drive
Suite 120
Newport Beach, CA 92660
Phone: (949) 724-3170
Order No: 11727510
(Involves Residential Real Property in California ONLY)
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 no 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 -prior to the close of the current transaction -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 if 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 quality for a discount which is subject to other terms and conditions.
Name:
Address:
Telephone No:
•
STATE OF CALIFORNIA
COUNTY OF
OWNER'S INFORMATION STATEMENT
} ss
To: Lawyers Title Company
Re: Title Order 11727510
The undersigned, first being duly sworn, deposes and says:
1). That I/we are the owner(s) of that certain real property located in the County of San Diego described in the
report referenced above:
That the land is improved by a:
□ Single Family residence: D one to four family residence
D Apartment building
□ Office building
□ Commercial building
D Combination office and commercial building
□ Industrial building
□ -----------------------
2). That there have been no repairs, work of improvement or materials furnished to the premises within the last
12 months, except
That the work of improvement or repairs, if any:
□ Started on -----------□ Was completed on _______ _
D Will be completed on ______ _
3). There are no unpaid bills for labor of material because of any improvements or repairs made to the above
premises; except
4). That there is no one in possession of or has access to the premises other than:
D the undersigned
D tenants based only on month-to-month rental agreements
□ lessees based upon existing leases, copies of which are attached hereto*
□ ------------------------------------
5). That no person(s) other those mentioned above have any rights, easements, licenses, or agreements allowing
them to use, encroach on, or travel over said real property except ______________ _
( enter "none" if such is true)
6). That the undersigned has not received any supplemental tax bill which is unpaid.
7). That this declaration is given for the purpose of inducing Lawyers Title Company
and Lawyers Title Insurance Corporation to issue its policy(ies) of title insurance under the above referenced
title order which may provide coverage as to the items mentioned above and that the statements made herein
are true and correct of my/our knowledge.
Owner's Information Statement
(11/02)
•
*Declarant(s), please remember to attach copies.
Executed under penalty of perjury on the ____ day of _________ , 2 __ .
Signature
Owner's Information Statement
(11/02)
Signature
•
LETTER OF AUTHORIZATION
SD55XC014 Faraday
APPLICATION FOR ZONING/USE PERMIT ~ ":7
t2_.A.Lnd:,,c AiJ:X ~CU.a. <-f..&> 0 J° ,., / ..,.,,--· -_ )' # 1,JaadAUJ.tfl,ut.1llt!,~ltJ~ tl.,a,i , Owners of e below-descnbed property, do
hereby appoint sprintxt mygent for the purpose of consummating any building or use
permit applications necessary to insure Sprint Nextel 's ability to use the property for the
purpose of constructing and operating a communications facility. I understand that this
application may be denied, modified or approved with conditions and that such conditions or
modifications must be complied with prior to issuance of building permits.
Property Address: 2200 Faraday Ave
Assessor's Parcel Number. 212-120-34
Signatureofl'roj,erty Owner: ~¾-1.:fr.::_ ~
// 10 . .-, OR OWNER'S 7\.GENT] h ~ ~ ,,,~1',MUA-IJ
Date: /{) ' / · tJ CJ ;ex._tt.-?._d~C. ~ # /Ui.A'~
(
Authorized Agent: DePratti, Inc. consultant to Sprint Nextel
Sprint Nextel SDSSXC014 Faraday
Additional Site Information Required for Telecommunication facility:
1.a. Site Selection Process: This site is on-air. This application is for renewal of the CUP. The site is
located on the roof of a office building and completely concealed. There were no alternates reviewed.
b. please see attached coverage maps
c. Sprint Nextel provides cellular phone service which includes voice, text, video and data transmission.
d. Please see attached RF Compliance report
e.Please see photos of existing facility