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Home My WebLink AboutMCUP 09-16; AT&T NS0022-01 FOUR SEASONS; Minor Conditional Use Permit (MCUP)Telecommunications Project Management November 30, 2009 NS0022-01 City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 RE: AT&T proposed project Four Seasons Resort, 7045 Osprey Terrace Sent Via Hand Delivery Please find attached an application for a Use Permit for AT&T. The proposed project is located at 7045 Osprey Terrace. The project is located within the Four Seasons Resort and the parcel is zoned PC (Planned Community). The proposed project consists of four antennas mounted inside a new faux chimney and two antennas shall be mounted inside a chimney extension. The associated equipment will be located inside a new 10'-10" x 20'-6". This site was chosen because it is located within the intended coverage area and it provided collocation opportunities. Please review the attached drawings and provide us with some feedback on the viability of this design. Photosimulations have been provided for your use. If you should have any questions or additional comments, please contact me at (760) 715-8703. PlanCom, Inc. Contractor Representative for AT&T 302 STATE PLACE ESCONDIDO, CA 92029 760-715-8703 760-735-4913 FAX j -I' • Part B: Determine Standard Permanent Storm Water ReQuirements. Does the project propose: Yes No 1. New impervious areas, such as roof tops, roads, parking lots, driveways, paths and [Z1 □ sidewalks? 2. New pervious landscape areas and irrigation systems? □ [Z1 3. Permanent structures within 100 feet of any natural water body? □ [Z1 4. Trash storage areas? □ [Z1 5. Liquid or solid material loading and unloading areas? □ [Z1 6. Vehicle or equipment fueling, washing, or maintenance areas? □ [Z1 7. Require a General NP DES Permit for Storm Water Discharges Associated with Industrial □ [Z1 Activities (Except construction)?* 8. Commercial or industrial waste handling or storage, excluding typical office or household □ [Z1 waste? 9. Any grading or ground disturbance during con struction? [Z1 □ 10. Any new storm drains, or alteration to existing storm drains? □ [Z1 *To find out if your project is required to obtain an individual General NPDES Permit for Storm Water Discharges Associated with Industrial Activities, visit the State Water Resources Control Board web site at, www.swrcb.ca.i:iov/stormwtr/industrial.htm I Section 2. Construction Storm Water BMP Requirements: If the answer to question 1 of Part C is answered "Yes," your project is subject to Section IV, "Construction Storm Water BMP Performance Standards," and must prepare a Storm Water Pollution Prevention Plan (SWPPP). If the answer to question 1 is "No," but the answer to any of the remaining questions is "Yes," your project is subject to Section IV, "Construction Storm Water BMP Performance Standards," and must prepare a Water Pollution Control Plan (WPCP). If every question in Part C is answered "No," your project is exempt from any construction storm water BMP requirements. If any of the answers to the questions in Part Care "Yes," complete the construction site prioritization in Part D, below. Part C: Determine Construction Phase Storm Water Reauirements. Would the project meet any of these criteria during construction? Yes No 1. Is the project subject to California's statewide General NPDES Permit for Storm Water □ [Z1 Discharges Associated With Construction Activities? 2. Does the project propose grading or soil disturbance? [Z1 □ 3. Would storm water or urban runoff have the potential to contact any portion of the [Z1 □ construction area, including washing and staging areas? 4. Would the project use any construction materials that could negatively affect water quality [Z1 □ if discharged from the site (such as, paints, solvents, concrete, and stucco)? ~ ~ CITY OF CARLSBAD !SECTION 1 PRIORITY PROJECT TYPE STORM WATER STANDARDS QUESTIONNAIRE E-34 NEW DEVELOPMENT Does you project meet one or more of the following criteria: Development Services Engineering Department 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov YES NO 1. Housing_ subdivisions of 10 or more dwelling_ units. Examples: single family homes, multi-family homes, ,<. / condominium and apartments • 2. Commercial -g_reater than 1-acre. Any development other than heavy industry or residential. Examples: hospitals; laboratories and other medical facilities; educational institutions; recreational facilities; municipal facilities; commercial X nurseries; multi-apartment buildings; car wash facilities; mini-malls and other business complexes; shopping malls; hotels; office buildinas; oublic warehouses; automotive dealerships; airfields; and other light industrial facilities. 3. Heavy Industrial I Industry-greater than 1 acre. Examples: manufacturing plants, food processing plants, metal ~ working facilities, printing plants, and fleet storage areas (bus, truck, etc.). 4. Automotive repair shop. A facility categorized in any one of Standard Industrial Classification (SIC) codes 5013, l( 5014, 5541, 7532-7534, and 7536-7539 / 5. Restaurants. Any facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the '/ land area for development is greater than 5,000 square feet. Restaurants where land development is less than 5,000 square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric sizing criteria reauirements and hvdromodification reauirements. 6. Hillside development. Any development that creates 5,000 square feet of impervious surface and is located in an )( area with known erosive soil conditions, where the development will grade on any natural slope that is twenty-five percent (25%) or Qreater. 7. Environmentally Sensitive Area (ESA>1. All development located within or directly adjacent2 to or discharging directly3 to an ESA (where discharges from the development or redevelopment will enter receiving waters within the ESA), which either creates 2,500 square feet of impervious surface on a proposed project site or increases the area )( ./ of imoerviousness of a Proposed Proiect site to 10% or more of its naturally occurring condition. 8. Parking lot. Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban X runoff .,-· 9. Streets. roads. highways, and freeways. Any paved surface that is 5,000 square feet or greater used for the )( transportation of automobiles, trucks, motorcycles, and other vehicles 10. Retail Gasoline Outlets. Serving more than 100 vehicles per day and greater than 5,000 square feet V 11. Coastal Development Zone. Any project located within 200 feet of the Pacific Ocean and (1) creates more than .,~ 2500 square feet of impermeable surface or (2) increases impermeable surface on property by more than 10%. 12. More than 1-acre of disturbance. Project results in the disturbance of more-tl:!ar.i 1-acre or more of land and is ~--considered a Pollutant-generating Development Project4 . .. . . 1 Environmentally SensttIve Areas include but are not lImrted to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. 2 "Directly adjacent" means situated within 200 feet of the Environmentally Sensitive Area. 3 "Discharging directly to" means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and not commingled wtth flow from adjacent lands. 4 Pollutant-generating Development Projects are those projects that generate pollutants at levels greater than background levels. In general, these include all projects that contribute to an exceedance to an impaired water body or which create new impervious surfaces greater than 5000 square feet and/or introduce new landscaping areas that require routine use of fertilizers and pesticides. In most cases linear pathway projects that are for infrequent vehicle use, such as emergency or maintenance access, or for pedestrian or bicycle use, are not considered Pollutant-generating Development Projects if they are built wtth pervious surfaces or if they sheet flow to surroundin ervious surfaces. Section 1 Results: .If you answered YES to ANY of the questions above your project is subject to Priority Development Project requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3. A Storm Water Management Plan, prepared in accordance with City Storm Water Standards, must be submitted at time of application. If you answered NO to ALL of the questions above, then your project is subject to Standard Stormwater Requirements. Please check the "does not meet PDP requirements" box in Section 3. E-34 Page 2 of3 REV 3/23/10 • ~ f!t L~vYJ~rs Title -,>TM INSURANCE CORPORATION PLANCOM, INC. 302 STATE PLACE 2ND FLOOR ESCONDIDO, CA 92029 Attn: Rodney Philhower • Lawyers Title Company 5898 Copley Drive, 3rd Floor San Diego, CA 92111 Phone: (858)650-3900 Fax: (858) 458-0546 Title Officer: Rosie Sierra-LT email: tu38@ltic.com Phone No.: (858) 650-3900 Fax No.: (858) 650-3991 File No.: 310380154 RECEIVED MAY 2 a ?010. CITY OF CARLSBAD PLANNING DEPT Your Reference No: Vacant Land, 7045 Osprey Terrace, Carls Property Address: City of Carlsbad, California PRELIMINARY REPORT Dated as of January 26, 2010 at 7:30 a.m. In response to the above referenced application for a policy of title insurance, Lawyers Title -SD 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 all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. • • File No: 310380154 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 Title to said estate or interest at the date hereof is vested in: Aviara Resort Club Owner's Association, a California Non-Profit Mutual Benefit Corporation as to Parcel 1; and any and all Owners of Record of the Condominium Fee Estate, being the undivided 104/104ths his interest in and to the land described in Parcel 2 Schedule A herein 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: 310380154 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: Parcel 1: Lots 22 and 23 of City of Carlsbad Tract No. 95-02, Unit 2, planning areas portion of 2A and 2B, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13398, filed in the Office of the County Recorder of San Diego County, January 31, 1997. Parcel 2: Lot 17 of City of Carlsbad Tract No. 95-02, Unit 2, planning areas portion of 2A and 2B, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13398, filed in the Office of the County Recorder of San Diego County, January 31, 1997. APN: 215-811-10 & 11 Page 3 • • File No: 310380154 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 4 • • File No: 310380154 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 2010 -2011 which are a lien not yet payable. B. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year 2009 -2010. 1st Installment: 2nd Installment: Exemption: Code Area: Assessment No.: $0.00 (No Taxes Due) $0.00 (No Taxes Due) $-0- 09027 215-811-10 C. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year 2009 -2010. 1st Installment: 2nd Installment: Exemption: Code Area: Assessment No.: $0.00 (No Taxes Due) $0.00 (No Taxes Due) $-0- 09027 215-811-11 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. The effect of any and all Property Taxes, Liens, Judgments, Mortgages and/or Deeds of Trust that may appear of Record affecting the individual undivided fee interest mentioned in the Vesting shown in Schedule A. 3. Easement, for ingress, egress, pipeline, or public utilities, and incidental purposes, as disclosed by instruments of record, affecting only the "Common Area." 4. The fact said land lies within a "Bridge and Through Fare District No. 1" established by Resolution No. 8744 by the City of Carlsbad a certified copy of which was recorded August 19, 1986, Recorder's File No. 86-356638. Page 5 • • File No: 310380154 5. An agreement to which reference is hereby made for full particulars, Dated: By and between: Regarding: Recorded: June 6, 1988 The State of California, acting by and through the State Lands Commission, with the concurrence of the California Attorney General and Pacific Rim Land Associates Limited Partnership, a Delaware limited partnership Title Settlement and Exchange Agreement and Conveyance of Public Access Easement (Lagoon North Shore Trail) June 10, 1988 as Instrument No. 88-278452 of Official Records Reference is made to said document for full particulars. 6. The matters contained in a document entitled "Deed Restriction (Open Space)" recorded April 14, 1989 as Instrument No. 89-196176 and as amended by Instrument recorded February 7, 1996 as Instrument No. 1996-0063237 both of Official Records. Reference is made to said document for full particulars. A release of Deed Restriction (Open Space) recorded July 9, 1990 as Instrument No. 90-369910 of Official Records. A release of Deed Restriction (Open Space) recorded July 3, 1991 as Instrument No. 91-0327679 of Official Records. A release of Deed Restriction (Open Space) recorded February 4, 1992 as Instrument No. 1992- 0059246 of Official Records. 7. An agreement to which reference is hereby made for full particulars, Dated: By and between: Regarding: Recorded: March 13, 1989 Aviara Land Associates Limited Partnership, a Delaware Corporation and the California Coastal Commission Deed Restriction (Lagoon North Shore Trail) April 14, 1989 as Instrument No. 89-196178 of Official Records Reference is made to said document for full particulars. 8. The matters contained in a document entitled "Irrevocable Offer to Dedicate Open-Space Easement and Declaration of Restrictions" recorded April 14, 1989 as Instrument No. 89-196180 of Official Records. Reference is made to said document for full particulars. 9. An agreement to which reference is hereby made for full particulars, Dated: By and between: Regarding: Recorded: March 31, 1989 Aviara Land Associates, a Limited Partnership and the City of Carlsbad The Payment of a Public Facilities Fee June 5, 1989 as Instrument No. 89-296176 of Official Records Reference is made to said document for full particulars. Page 6 • • File No: 310380154 10. An agreement to which reference is hereby made for full particulars, Dated: By and between: Regarding: Recorded: June 28, 1989 Aviara Land Associates Limited Partnership, a Delaware limited partnership and City of Carlsbad Desiltation Basin/Storm Drainage Maintenance Agreement June 29, 1989 as Instrument No. 89-345771 of Official Records Reference is made to said document for full particulars. 11. A declaration of covenants, conditions and restrictions which, among other things, may contain or provide for easements; assessments, liens and the subordination thereof; 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. Recorded: July 5, 1989 as Instrument No. 89-354659 of Official Records NOTE: This exception omits any covenant, condition or restriction bases on race, color, religion, sex, handicap, familial status or nation origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state of 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 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. Said Instrument also provides that all Liens created by this Declaration of Restriction, including, but not limited to, any regular or special assessments for the payment of money, shall be subordinate to the Lien created by any First Deed of Trust of First Mortgage. First amended and restated Master Declaration of Covenants, Conditions and Restrictions for Aviara, recorded July 31, 1990 as Instrument No. 90-418521 of Official Records. Second amended and restated Master Declaration of Covenants, Conditions and Restrictions for Aviara, recorded February 8, 1992 as Instrument No. 91-0057543 and re-recorded March 15, 1991 as Instrument No. 91-0114756, both of Official Records. Third amended and restated Master Declaration of Covenants, Conditions and Restrictions for Aviara, recorded September 16, 1991 as Instrument No. 91-0475307 of Official Records. First amended and fully restated Assignment of Declarant's Rights under Master Declaration of Covenants, Conditions and Restrictions for the Aviara Country Club and Resort, dated June 22, 1992, upon the Terms, Covenants, and Conditions contained therein executed by and between Aviara Land Associates Limited Partnership, a Delaware limited partnership and First Interstate Bank of California, a California Corporation, recorded June 29, 1992 as Instrument No. 1992- 0406653 of Official Records. A Declaration of Deannexation of a portion of Aviara from that certain third amended and restated Master Declaration of Covenants, Conditions and Restrictions for Aviara recorded September 16, 1991 as Instrument No. 1991-0475307, recorded April 11, 1997 as Instrument No. 1997-0167474. A supplementary Reannexation Declaration and time share/resort administrative modification of Declaration for that certain third amended and restated Master Declaration of Covenants, Conditions and Restrictions for Aviara recorded September 16, 1991 as Instrument No. 1991- 0475307, recorded April 11, 1997 as Instrument No. 1997-0167475. Page 7 • • File No: 310380154 12. An agreement to which reference is hereby made for full particulars, Dated: By and between: Regarding: Recorded: February 14, 1990 Aviara Land Associates Limited Partnership, a Delaware limited partnership and Aviara Resort Associates Limited Partnership, a California Limited Partnership Sewer Line Easement February 22, 1990 as Instrument No. 90-094977 of Official Records Reference is made to said document for full particulars. 13. An agreement to which reference is hereby made for full particulars, Dated: By and between: Regarding: Recorded: March 7, 1990 Aviara Land Associates Limited Partnership, a Delaware limited partnership and Western National Homes Limited, a California Limited Partnership Certain Improvements and Easements March 22, 1990 as Instrument No. 90-153235 of Official Records Reference is made to said document for full particulars. 14. An agreement to which reference is hereby made for full particulars, Dated: By and between: Regarding: Recorded: February 20, 1990 Aviara Land Associates Limited Partnership, a Delaware limited partnership; Davidson Coscan Partners, a California General Partnership; Lyon Communities Inc., a California Corporation; RDC Devco II Limited Partnership, a Delaware limited partnership; A-M Homes, a California Limited Partnership and Bramalea California Inc., a California Corporation Unity of Control April 16, 1990 as Instrument No. 90-204778 of Official Records Reference is made to said document for full particulars. 15. An easement and covenant regarding CATV Service, dated April 17, 1990, upon the Terms, Covenants and Conditions contained therein, executed by and between Aviara Land Associates Limited Partnership, a Delaware Limited Partnership and Daniels Cablevision, Inc., a Delaware Corporation, recorded June 1, 1990 as Instrument No. 90-298175 of Official Records. The matters contained in a document entitled "Assumption and Easement Agreement" recorded June 1, 1990 as Instrument No. 90-298179 of Official Records. Reference is made to said document for full particulars. A portion of said land was released from said instrument by Corporation Quitclaim Deed, dated March 26, 1991, executed by Daniels Cablevision, Inc., a Delaware Corporation, recorded April 15, 1991 as Instrument No. 91-0168675 of Official Records. First Amendment to Easement and Covenant regarding CATV Service, recorded April 15, 1991 as Instrument No. 91-0168678 of Official Records. Page 8 • • File No: 310380154 16. An agreement to which reference is hereby made for full particulars, Dated: By and between: Regarding: Recorded: April 17, 1990 Daniels Cablevision, Inc., a Delaware Corporation and Aviara Resort Associates Limited Partnership, a California Limited Partnership Assumption and Easement June 1, 1990 as Instrument No. 90-298181 of Official Records Reference is made to said document for full particulars. 17. The matters contained in a document entitled "Deed Restriction Open Space" recorded July 19, 1990 as Instrument No. 90-392418 of Official Records. Reference is made to said document for full particulars. 18. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas Electric Company Purpose: public utilities Recorded: August 28, 1990 as Instrument No. 90-469522 of Official Records The exact location and/or extent of said easement is not disclosed in the public records. Reference is made to said document for full particulars. 19. An agreement to which reference is hereby made for full particulars, Dated: By and between: Regarding: Recorded: March 1, 1990 MC Kellar Communities, a Corporation, Aviara-9, Inc., a Corp., and the City of Carlsbad The payment of a Public Facilities Fee September 10, 1990 as Instrument No. 90-492474 of Official Records Reference is made to said document for full particulars. 20. An agreement to which reference is hereby made for full particulars, Dated: By and between: Regarding: Recorded: July 3, 1990 City of Carlsbad, a Municipal Corporation and Aviara-9 Special Assessment District Pass-Through Authorization October 31, 1990 as Instrument No. 90-590739 of Official Records Reference is made to said document for full particulars. 21. An agreement to which reference is hereby made for full particulars, Dated: By and between: Regarding: Recorded: April 5, 1991 Aviara Resort Associates Limited Partnership, a California Limited Partnership and Aviara-9 Inc., a California Corporation Easement and Grant Deed April 15, 1991 as Instrument No. 91-0168128 of Official Records Reference is made to said document for full particulars. 22. The matters contained in a document entitled "Hold Harmless Agreement" recorded July 10, 1991 as Instrument No. 91-0337923 of Official Records. Reference is made to said document for full particulars. Page 9 • • File No: 310380154 23. A declaration of covenants, conditions and restrictions which, among other things, may contain or provide for easements; assessments, liens and the subordination thereof; 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. Recorded: November 9, 1992 as Instrument No. 1992-0715209 of Official Records NOTE: This exception omits any covenant, condition or restriction bases on race, color, religion, sex, handicap, familial status or nation origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state of 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 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. Said instrument also provides that all Liens created by this Declaration of Restrictions, including, but not limited to, any regular or special assessments for the payment of money, shall be subordinate to the Lien created by any First Deed of Trust or First Mortgage. Modification(s) of said covenants, conditions and restrictions Recorded: November 9, 1992 as Instrument No. 1992-0715209; and February 20, 1997 as Instrument No. 1997-0076693 of Official Records 24. A Notice of Concerning Aircraft Environmental Impacts, recorded February 16, 1994 as Instrument No. 1994-0106040 of Official Records. Reference is made to said document for full particulars. 25. The matters contained in a document entitled "Hold Harmless Agreement Regarding Geological Failure" recorded June 25, 1996 as Instrument No. 1996-0318918 of Official Records. Reference is made to said document for full particulars. 26. The matters contained in a document entitled "Hold Harmless Agreement Regarding Drainage" recorded June 25, 1996 as Instrument No. 1996-0318919 of Official Records. Reference is made to said document for full particulars. 27. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby. Amount: Dated: Truster: Trustee: Beneficiary: Recorded: Loan No.: $14,000,000.00 December 6, 1996 Aviara FSRC Associates Limited Partnership, a California Limited Partnership First American Title Insurance Company, a California Corporation Textron Financial Corporation, a Delaware Corporation December 24, 1996 as Instrument No. 1996-0643345 of Official Records Not Set Out Affects the herein-described land and other land. Page 10 • • File No: 310380154 An agreement to modify the terms and provisions of said deed of trust as therein provided Executed by: Aviara FSRC Associates Limited Partnership and Textron Financial Corporation Recorded: May 3, 1999 as Instrument No. 1999-0294597 of Official Records An agreement to modify the terms and provisions of said deed of trust as therein provided Executed by: Aviara FSRC Associates Limited Partnership, a California Limited Partnership Recorded: July 6, 2000 as Instrument No. 2000-0355554 of Official Records An agreement to modify the terms and provisions of said deed of trust as therein provided Executed by: Aviara FSRC Associates Limited Partnership and Heller Financial, Inc. Recorded: March 11, 2003 as Instrument No. 2003-0271159 of Official Records An agreement to modify the terms and provisions of said deed of trust as therein provided Executed by: Aviara FSRC Associates Limited Partnership and Textron Financial Corporation Recorded: November 14, 2008 as Instrument No. 2008-0592384 of Official Records And re-recorded: December 2, 2008 as Instrument No. 2008-0616545 of Official Records 28. An assignment of all the monies due or to become due as rental, as additional security for the obligations secured by deed of trust Recorded: December 6, 1996 as Instrument No. 1996-0643345 of Official Records Assigned to: By Assignment Recorded: Textron Financial Corporation, a Delaware Corporation December 24, 1996 as Instrument No. 1996-0643346 of Official Records Affects the herein-described land and other land. 29. A financing statement filed in the office of the County Recorder, showing: Debtor: Secured Party: Date: Recorded: Property Covered: Aviara FSRC Associates Limited Partnership Textron Financial Corporation Not Set Out December 26, 1996 as Instrument No. 1996-0645816 of Official Records Fixture Filing Affects the herein-described land and other land. 30. An easement for the purposes shown below and rights incidental thereto as shown or as offered for dedication on the recorded map of said tract. Purpose: general utility, access Affects: All of Lots 22 and 23 31. An easement for general utility and access (private) in favor of Aviara Resort Associates as delineated and designated on map 13398. Affects: All of Lots 22 and 23 and those potions of Lot 17, as shown on said map Page 11 • • File No: 310380154 32. A declaration of covenants, conditions and restrictions which, among other things, may contain or provide for easements; assessments, liens and the subordination thereof; 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. Recorded: February 20, 1997 as Instrument No. 1997-0076692 of Official Records NOTE: This exception omits any covenant, condition or restriction bases on race, color, religion, sex, handicap, familial status or nation origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state of 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 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. Said Instrument also provides that all Liens created by this Declaration of Restrictions, including, but not limited to, any regular or special assessments for the payment of money, shall be subordinate to the Lien created by any First Deed of Trust or First Mortgage. Modification(s) of said covenants, conditions and restrictions Recorded: March 14, 1997 as Instrument No. 1997-0115583 of Official Records Modification(s) of said covenants, conditions and restrictions Recorded: July 9, 1997 as Instrument No. 1997-0322667 of Official Records Modification(s) of said covenants, conditions and restrictions Recorded: July 29, 1997 as Instrument No. 1997-0361373 of Official Records The provisions of said covenants, conditions and restrictions were extended to include the herein- described land by an instrument Recorded: November 4, 1997 as Instrument No. 1997-0552870 of Official Records Modification(s) of said covenants, conditions and restrictions Recorded: November 4, 1997 as Instrument No. 1997-0552871 of Official Records Modification(s) of said covenants, conditions and restrictions Recorded: December 5, 1997 as Instrument No. 1997-0615454 of Official Records 33. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Diego Gas & Electric Company Purpose: public utilities Recorded: February 20, 1997 as Instrument No. 1997-0076755 of Official Records The exact location and/or extent of said easement is not disclosed in the public records. Reference is made to said document for full particulars. 34. The matters contained in a document entitled "Hold Harmless Agreement Regarding Drainage" recorded March 5, 1997 as Instrument No. 1997-0097856 of Official Records. Reference is made to said document for full particulars. Page 12 • • File No: 310380154 35. The effect of the "Timeshare" Condominium Plan disclosed by the Instrument recorded November 4, 1997 as Instrument No. 1997-0552870 of Official Records. 36. The matters contained in a document entitled "Tennis Court Use Agreement (Four Seasons Resort Club Aviara)" recorded December 5, 1997 as Instrument No. 1997-0615455 of Official Records. Reference is made to said document for full particulars. The matters contained in a document entitled "Second Amendment to Tennis Court Use Agreement (Four Seasons Resort Club Aviara)" recorded June 15, 2000 as Instrument No. 2000-0316212 of Official Records. Reference is made to said document for full particulars. 37. The matters contained in a document entitled "Irrevocable License (Four Seasons Resort Club Aviara)" recorded December 5, 1997 as Instrument No. 1997-0615456 of Official Records. Reference is made to said document for full particulars. The matters contained in a document entitled "Second Amendment to Irrevocable License (Four Seasons Resort Club Aviara)" recorded June 15, 2000 as Instrument No. 2000-0316213 of Official Records. Reference is made to said document for full particulars. The matters contained in a document entitled "First Amendment to First Amended and Restated Irrevocable License (Four Seasons Resort Club Aviara)" recorded March 22, 2002 as Instrument No. 2002-0244189 of Official Records. Reference is made to said document for full particulars. 38. A declaration of covenants, conditions and restrictions which, among other things, may contain or provide for easements; assessments, liens and the subordination thereof; 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. Recorded: April 13, 2001 as Instrument No. 2001-0229327 of Official Records NOTE: This exception omits any covenant, condition or restriction bases on race, color, religion, sex, handicap, familial status or nation origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state of 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 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. And re-recorded: June 12, 2001 as Instrument No. 2001-0393127 of Official Records The provisions of said covenants, conditions and restrictions were extended to include the herein- described land by an instrument Recorded: April 13, 2001 as Instrument No. 2001-0229328 of Official Records The provisions of said covenants, conditions and restrictions were extended to include the herein- described land by an instrument Recorded: April 13, 2001 as Instrument No. 2001-0229329 of Official Records Modification(s) of said covenants, conditions and restrictions Recorded: March 22, 2002 as Instrument No. 2002-0244187 of Official Records Page 13 • • File No: 310380154 39. 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. 40. 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. 41. 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. 42. 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 14 • • File No: 310380154 REQUIREMENTS SECTION: Req. No. 1: The Company will require a statement of information from the parties named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. Parties: Buyers and/or Sellers Page 15 • • File No: 310380154 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: Union Bank 1980 Saturn Street, V03-012 Monterey Park, CA 91755 (800) 849-6466 ABA # 122000496 CREDIT TO: Lawyers Title -SD ACCOUNT #: 9101081355 RE: 310380154 PLEASE INDICATE Lawyers Title -SD 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 16 • • File No: 310380154 Note No. 4: THIS COMPANY REQUIRES CURRENT BENEFICIARY DEMANDS PRIOR TO CLOSING. Processor: jf 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). Date Typed: February 4, 2010 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 Jaws 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) AL TA 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. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This • • File No: 310380154 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 1 % of Policy Amount or $2,500 (whichever is less) 1 % of Policy Amount or $5,000 (whichever is less) 1% of Policy Amount or $5,000 (whichever is less) 1% of Policy Amount or $2,500 (whichever is less) Our Maximum Dollar Limit of Liability $10,000 $25,000 $25,000 $5,000 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 character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or • • File No: 310380154 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. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. • • File No: 310380154 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 (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: • • File No: 310380154 (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: 310380154 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. • t~ ~~WY~J;~ 1Jtle ',, __ " N INSURANCE CORPORATION • Lawyers Title Company 5898 Copley Drive, 3rd Floor San Diego, CA 92111 Phone: (858) 650-3900 Fax: (858) 458-0546 Order No. 310380154 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company LTC -Lawyers Title Company Available Discounts FNF Underwriter LTIC -Lawyers Title Insurance Corp. FEE REDUCTION SETTLEMENT PROGRAM (L TC and L TIC) Eligible customers shall receive a $20.00 reduction in their title and/or escrow fees charged by the Company for each eligible transaction in accordance with the terms of the Final Judgments entered in The People of the State of California. DISASTER LOANS (L TIC) 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. SHORT TERM RATE (LTIC) If there is an insured owner and an order for title insurance is placed within sixty (60) months 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 (LTC and LTIC) 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' bona fide 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. • f ~ La~ers ljtle , ·;,., INSURANCE CORPORATION • Lawyers Title Company 5898 Copley Drive, 3rd Floor San Diego, CA 92111 Phone: (858) 650-3900 Fax: (858) 458-0546 Order No: 310380154-LTSD "Notice to Customers" (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: ... . > • MCUP 09-16/CDP 10-07 -NS0022-01 FOUR SEASONS April 26, 2010 Pa e2 Planning: None Engineering: None Planning: None Engineering: LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION ISSUES OF CONCERN • 1. On Sheet T-1 of the site plan, indicate grading quantities in cubic yards regardless of how small the quantity. 2. Submit the title report referenced on sheet C-1 dated January 26, 20'!0. The report submitted is dated September 16, 2008. 3. Show how the project will comply with the "Standard Stormwater Requirements," Section 1 of the city's Standard Urban Storm Water Management Plan (SLJSMP). Compliance may be shown by providing notes and/or illustration, preferably on Sheet A-0. An example would be to add a note stating that roof drainage from the new 200 :square foot equipment shelter shall flow through the adjacent landscape area prior to entering the storm drain.