HomeMy WebLinkAboutGPA 09-01; ROBERTSON RANCH PA 22; General Plan Amendment (GPA).. •
5. Non-Residential PUD
Non-Res. PUD to allow for 49 condominium units in the proposed Office
Building.
6. Site Development P1an
Site Development Plan for development of planning area as required by Master
Plan. SDP to allow for development of a 66,000 square foot office building (and
related parking lot and landscaping), and an RV storage lot for the use of
residents of Robertson Ranch.
7. Minor CUP
Minor CUP to allow for HOA-owned RV Storage lot as required by Master Plan.
Hazardous Waste and Substance Databases Reviewed in Support of
the PA 22 Hazardous Waste and Database Statement.
(Date of Review: 28 January 2009)
Federal Superfund Sites (NPL and CERCLIS)
State Response Sites (Calsites)
Hazardous Waste and Substance Sites (Cortese List)
California Voluntary Cleanup Sites
School Cleanup Sites
Liquid Underground Storage Tank Information System (LUSTIS)
California Permitted Underground Storage Tanks (UST)
State Permitted Hazardous Waste Facilities
State Corrective Action Sites
The subject property (Robertson Ranch Planning Area 22) is not listed on any of these county,
state and federal databases.
• • Order No.: 830015689-US0
SCHEDULE A
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee
2. Title to said estate or interest at the date hereof is vested in:
Calavera Hills II, LLC, a California limited liability company
3. The land referred to in this report is situated in the State of California, County of San Diego and is
described in the Legal Description, attached hereto:
END OF SCHEDULE A
CLTA Preliminary Report Form-Modified (I 1-17-06)
Page2
.. • • Order No.: 830015689-US0
LEGAL DESCRIPTION
PARCEL A: ( 168-050-55)
PARCEL 2 OF PARCEL MAP NO. 19804, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, AUGUST 3, 2005 AS INSTRUMENT NO. 2005-0659805 OF OFFICIAL
RECORDS.
PARCEL B: (168-360-03)
LOT 3 OF CARLSBAD NO. 03-16 ROBERTSON RANCH EAST VILLAGE, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 15608, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, SEPTEMBER 18, 2007.
END OF LEGAL DESCRIPTION
CLTA Preliminary Report Form -Modified (I 1-17-06)
Page3
.. • • Order No.: 830015689-050
SCHEDULER
At the date hereof, items to be considered and exceptions to coverage in addition to the printed
Exceptions and Exclusions in said policy form would be as follows:
THE FOLLOWING ITEMS AFFECT PARCEL A
1. Property taxes, including any assessments collected with taxes, for the fiscal year 2008 -2009
1st Installment:
Penalty:
2nd Installment:
Penalty and Cost:
Homeowners Exemption:
Code Area:
Assessors Parcel Number:
$11,453.65
$1,145.36 (Due after December 10)
$11,453.65
$1,155.36 (Due after April 10)
$None
09162
168-050-55
2. The lien of supplemental taxes, if any, assessed pursuant to the prov1s1ons of Chapter 3.5
( commencing with Section 75) of the revenue and taxation code of the State of California
• 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
Oceanside Mutual Water Company
pipeline and incidental purposes
July 11, 1930 in Book 1796 of Deed, page 142
The route thereof affects a portion of said land and is more fully
described in said document.
4. The privilege and right to extend drainage structures and excavation and embankment slopes
beyond the limits of Road Survey No. 682, where required for the construction and maintenance of
said road, as contained in the deed recorded June 12, 1936 in Book 521, page 230 of Official
Records.
5. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
William S. Kelly, also known as W. S. Kelly and Lavina J. Kelly,
husband and wife
utilities and incidental purposes
March 3 I, 1945 in Book 1843, page 398 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
6. 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:
Community Facilities District No. 1
Assessment District Boundary
CLTA Preliminary Report Fonn-Modified (11-17-06)
Page 4
•
Recorded:
SCHEDULEB
( continued)
• Order No.: 830015689-USO
December 19, 1990 as Instrument No. 1990-674118 of Official
Records
Notice of Special Tax Lien recorded May 20, 1991 as Instrument No. 1991-0236959 of Official
Records.
7. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
San Diego Gas and Electric Company
public utilities, ingress, egress
Public utilities and incidental purposes
The route thereof affects a portion of said land and is more fully
described in said document.
Quitclaim of easement recorded October 27, 2005 as Instmment No. 2005-0932010 of Official
Records eliminates a portion of said easement.
8. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
San Diego Gas and Electric Company
public utilities, ingress, egress
June 1, 1953 in Book 4874, page 143 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
9. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
-J.
Granted To:
Purpose:
Recorded:
Affects:
Various parties
road and incidental purposes
September 10, 1957 in Book 6740, page 102 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
Various parties
road and incidental purposes
April l, 1958 in Book 7016, page 536 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To: Carlsbad Municipal Water District
Purpose: ingress and egress and incidental purposes
Recorded: January 4, 1963 as Instrument No. 1852 of Official Records
CLTA Preliminary Report Form -Modified (11-17-06)
Page5
•
Affects:
SCHEDULEB
(continued)
• Order No.: 830015689-US0
The route thereof affects a portion of said land and is more fully
described in said document.
\12~) The privilege and right to extend drainage structures and excavation and embankment slopes
beyond the limits of Road Survey No. 1800-1, where required for the construction and maintenance
of said public highway and incidental purposes, as contained in the deed recorded March 12, 1970
as Instrument No. 70-44687 of Official Records.
'_it~ The terms and provisions contained in the document entitled "Carlsbad Islands Annexation"
recorded April 30, 1987 as Instrument No. 87-0236215 of Official Records.
14. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
City of Carlsbad and Carlsbad Municipal Water District
collecting, storing, transporting, pumping and treating all recycled
water and wastewater and incidental purposes
December 11, 1998 as Instrument No. 1998-0805493 of Official
Records
The route thereof affects a portion of said land and is more fully
described in said document.
y). An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
Carlsbad Municipal Water District, a public agency
wastewater pipeline and recycled water and incidental purposes
December 11, 1998 as Instrument No. 1998-0805494 of Official
Records
The route thereof affects a portion of said land and is more fully
described in said document.
16. A document entitled "Memorandum of Agreement regarding Conveyance of Easement",
executed by Everett T. Robertson and Virginia K. Robertson, trustee of the Robertson Family Trust
dated April 19, 1995; Virginia K. Robertson, Trustees of the Declaration of Trust dated October 8,
1976; Virginia K. Robertson as Trustee of the Elsie M. Kelly Irrevocable Trust dated June 19, 1989
and Calavera Hills II, LLC, a California limited liability company, subject to all the terms,
provisions and conditions therein contained, recorded November 30, 2001 as Instmment No. 2001-
0876730 of Official Records.
17. The terms and provisions contained in the document entitled "Hold Harmless Agreement for
Drainage" recorded April 21, 2003 as Instrument No. 2003-0458844 of Official Records.
18. The terms and provisions contained in the document entitled "Agreement for UncontroJled
Stockpile" recorded May 12, 2003 as Instrument No. 2003-0552048 of Official Records.
19. 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.
CLTA Preliminary Report Form-Modified (11-17-06)
Page6
•
Penalty and Cost:
Homeowners Exemption:
Code Area:
Assessors Parcel Number:
SCHEDULEB
( continued)
$163.09 (Due after April 10)
$None
09162
168-360-03
• Order No.: 830015689-US0
38. The lien of supplemental taxes, if any, assessed pursuant to the prov1s1ons of Chapter 3.5
(commencing with Section 75) of the revenue and taxation code of the State of California
39. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
Oceanside Mutual Water Company
pipeline and incidental purposes
July 11, 1930 in Book 1796 of Deed, page 142
The route thereof affects a portion of said land and is more fully
described in said document.
40. The privilege and right to extend drainage structures and excavation and embankment slopes
beyond the limits of Road Survey No. 682, where required for the construction and maintenance of
said road, as contained in the deed recorded June 12, 1936 in Book 521, page 230 of Official
Records.
41. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
William S. Kelly, also known as W. S. Kelly and Lavina J. Kelly,
husband and wife
utilities and incidental purposes
March 31, 1945 in Book 1843, page 398 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
42. 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:
Community Facilities District No. 1
Assessment District Boundary
December 19, 1990 as Instrument No. 1990-674118 of Official
Records
Notice of Special Tax Lien recorded May 20, 1991 as Instrument No. 1991-0236959 of Official
Records.
43. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
San Diego Gas and Electric Company
public utilities, ingress, egress
Public utilities and incidental purposes
CLTA Preliminary Report Form -Modified (11-17-06)
Page 10
. I
•
Affects:
SCHEDULEB
( continued)
• Order No.: 830015689-US0
The route thereof affects a portion of said land and is more fully
described in said document.
Quitclaim of easement recorded October 27, 2005 as Instmment No. 2005-0932010 of Official
Records eliminates a portion of said easement.
44. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
San Diego Gas and Electric Company
public utilities, ingress, egress
June 1, 1953 in Book 4874, page 143 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
45. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
Various parties
road and incidental purposes
September 10, 1957 in Book 67 40, page 102 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
46. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
Various parties
road and incidental purposes
April 1. 1958 in Book 7016, page 536 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
4 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
Carlsbad Municipal Water District
ingress and egress and incidental purposes
January 4, l 963 as Instrument No. l 852 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
48. The privilege and right to extend drainage stmctures and excavation and embankment slopes
beyond the limits of Road Survey No. 1800-1, where required for the construction and maintenance
of said public highway and incidental purposes, as contained in the deed recorded March 12, 1970
as Instrument No. 70-44687 of Official Records.
49. The terms and provisions contained in the document entitled "Carlsbad Islands Annexation"
recorded April 30, I 987 as Instrument No. 87-0236215 of Official Records.
50. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
CLTA Preliminary Report Form-Modified (11-17-06)
Page 11
i.. ..
•
Granted To:
Purpose:
Recorded:
Affects:
SCHEDULER
( continued)
• Order No.: 830015689-US0
City of Carlsbad and Carlsbad Municipal Water District
collecting, storing, transporting, pumping and treating all recycled
water and wastewater and incidental purposes
December 11, 1998 as Instrument No. 1998-0805493 of Official
Records
The route thereof affects a portion of said land and is more fully
described in said document.
51. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
Carlsbad Municipal Water District, a public agency
wastewater pipeline and recycled water and incidental purposes
December 1 I, 1998 as Instrument No. 1998-0805494 of Official
Records
The route thereof affects a portion of said land and is more fully
described in said document.
52. A document entitled "Memorandum of Agreement regarding Conveyance of Easement",
executed by Everett T. Robertson and Virginia K. Robertson, trustee of the Robertson Family Trust
dated April 19, 1995; Virginia K. Robertson, Trustees of the Declaration of Trust dated October 8,
1976; Virginia K. Robertson as Trustee of the Elsie M. Kelly Irrevocable Trust dated June 19, 1989
and Calavera Hills II, LLC, a California limited liability company, subject to all the terms,
provisions and conditions therein contained, recorded November 30, 2001 as Instrument No. 2001-
0876730 of Official Records.
53. The terms and provisions contained in the document entitled "Hold Harmless Agreement for
Drainage" recorded April 21, 2003 as Instrument No. 2003-0458844 of Official Records.
54. The terms and provisions contained in the document entitled "Agreement for Uncontrolled
Stockpile" recorded May 12. 2003 as Instrument No. 2003-0552048 of Official Records.
55. 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:
Assessment District No. 2003-01 (College Boulevard and Cannon
Road East
Assessment District Boundary
July 22. 2003 as Instrument No. 2003-0869386 of Official Records
and also recorded September 17. 2003 as Instrument No. 2003-
1140382 and recorded February 18. 2004 as Instrument No. 2004-
0124983 and recorded October 16. 2007 as Instrument No. 2007-
0664624, all of Official Records
Notice of Assessment Pursuant to the requirements of Section 3 I 14 of the Streets and Highways
Code of the State of California, recorded September 17, 2003 as Instrument No. 2003-1 140577 of
Official Records.
CLTA Preliminary Report Form-Modified (11-17-06)
Page 12
•
SCHEDULEB
( continued)
• Order No.: 830015689-US0
56. The terms and prov1s1ons contained in the document entitled "Special Assessment District
Disclosure Agreement" recorded October 6, 2003 as Instrument No. 2003-1229942 of Official
Records.
57. 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:
Annexation Map No. 8 to Boundaries of Community Facilities
District No. 3
Assessment District Boundary
November 13, 2003 as Instrument No. 2003-1369961 of Official
Records
Amendment to Notice of Special Tax Lien Pursuant to the requirements of Sections 3114.5 and
3117.5 of the Streets and Highways Code, recorded November 26, 2003 as Instrument No. 2003-
1418263 of Official Records.
58. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
City of Carlsbad, a municipal corporation
public street and public utility and incidental purposes
November 25, 2003 as Instrument No. 2003-01414299 of Official
Records
The route thereof affects a portion of said land and is more fully
described in said document.
59. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
City of Carlsbad, a municipal corporation
drainage and incidental purposes
November 25, 2003 as Instrument No. 2003-1414301 of Official
Records
The route thereof affects a portion of said land and is more fully
described in said document.
60. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
City of Carlsbad, a municipal corporation
drainage and incidental purposes
November 25, 2003 as Instrument No. 2003-1414303 of Official
Records
The route thereof affects a portion of said land and is more fully
described in said document.
61. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To: City of Carlsbad, a municipal corporation
Purpose: storm water inundation and incidental purposes
CLTA Preliminary Report Form• Modified (11-17-06)
Page 13
•
Recorded:
Affects:
SCHEDULEB
(continued)
• Order No.: 830015689-US0
June 23, 2004 as Instrument No. 2004-0586673 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
62. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
Rancho Carlsbad Owner's Association, Inc., a California corporation
maintenance, repair and replacement of landscaping and irrigation
facilities (if any) and for recreational and incidental purposes
January 11, 2005 as Instrument No. 2005-0027023 of Official
Records
The route thereof affects a portion of said land and is more fully
described in said document.
63. Abutter's rights of ingress and egress to or from Cannon Road except at approved access location
as shown on this map have been dedicated or relinquished on the filed map.
Affects Parcel Map No. 19804.
64. An easement for the purpose shown below and rights incidental thereto as shown or as offered for
dedication on the recorded Map shown below.
Map No.:
Easement
Purpose:
Affects:
Parcel Map No. 19804
public trail and incidental purposes
as shown on said map
A document entitled "Association Maintenance Area Easement Agreement Calavera Hills II,
Village X -Phase 9", dated, March 10, 2006, executed by Calavera Hills II, LLC, a California
limited liability company and Calavera Hills II Homeowners Association, a California nonprofit
mutual, subject to all the terms, provisions and conditions therein contained, recorded April 6, 2006
as Instrument No. 2006-0237345 of Official Records.
66. A Deed of Trust to secure an indebtedness in the original amount shown below.
Amount:
Dated:
Trustor:
Trustee:
Beneficiary:
Loan Number:
Recorded:
Affects:
$52,200,000.00
December 20, 2006
Calavera Hills II, LLC, a Delaware limited liability company
American Securities Company, a California corporation
Wells Fargo Bank, National Association
104065
December 26, 2006 as Instrument No. 2006-0911253 of Official
Records
The herein described land and other land.
An Agreement to modify the terms and provisions of said Deed of Trust as therein provided.
CLTA Preliminary Report Form• Modified (11-17-06)
Page 14
•
Executed by:
Recorded:
SCHEDULEB
( continued)
• Order No.: 830015689-US0
Wells Fargo Bank, National Association and Calavera Hill II, LLC, a
California limited liability company
August 12. 2008 as Instrument No. 2008-0431954 of Official
Records
67. A document entitled "Parkland Agreement for the Robertson Ranch Master Plan", dated,
October 27, 2006, executed by Calavera Hills II, LLC, a California limited liability company, et al,
subject to all the terms, provisions and conditions therein contained, recorded January 31, 2007 as
Instrument No. 2007-0066979 of Official Records.
68. A document entitled "City of Carlsbad Parkland Purchase Agreement of October 27, 2006",
dated, October 27, 2006, executed by Gary Robertson, et al, and the City of Carlsbad, subject to all
the terms, provisions and conditions therein contained, recorded January 31, 2007 as Instrument
No. 2007-0066990 of Official Records.
69. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
Center Natural Lands Management
conservation easement
Febmary 22. 2007 as Instrument No. 2007-0119540 of Official
Records and re-recorded March 1, 2007 as Instmment No. 2007-
0140005 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
Note: A document entitled "Amendment to Conservation Easement Deed", dated, February 20,
2008, executed by Calavera Hills II, LLC, a California limited liability company, subject to all the
terms, provisions and conditions therein contained, recorded February 22. 2008 as Instrument No.
2008-0093191 of Official Records.
70. A document entitled "Affordable Housing Agreement Imposing Restrictions on Real
Property", dated, February 26, 2007, executed by City of Carlsbad, a municipal corporation and
Calavera Hills II, LLC, a California limited liability company, subject to all the terms, provisions
and conditions therein contained, recorded March 27, 2007 as Instrument No. 2007-0205913 of
Official Records.
Note: A document entitled "First Amendment to Affordable Housing Agreement Imposing
Restrictions on Real Property", dated, June 17, 2008, executed by City of Carlsbad, a municipal
corporation and Calavera Hills II, LLC, a California limited liability company and CIC Glen Ridge,
L.P., a California limited partnership, subject to all the terms, provisions and conditions therein
contained, recorded July 11, 2008 as Instrument No. 2008-0373208 of Official Records.
71. A document entitled "Notice of Restriction on Real Property", executed by City of Carlsbad,
subject to all the terms, provisions and conditions therein contained, recorded March 27. 2007 as
Instrument No. 2007-0205918 of Official Records.
72. A document entitled "Notice of Restriction on Real Property", executed by City of Carlsbad,
subject to all the terms, provisions and conditions therein contained, recorded March 27. 2007 as
Instrument No. 2007-0205919 of Official Records.
CLTA Preliminary Report Form -Modified (11-17-06)
Page 15
•
Recorded:
Affects:
SCHEDULEB
( continued)
• Order No.: 830015689-USO
August 17. 2007 as Instrument No. 2007-0550118 of Official
Records
The exact location and extent of said easement is not disclosed of
records
81. Easement for the purpose shown below and rights incidental thereto as shown or as offered for
dedication on the recorded Map shown below.
Map of:
Purpose:
Affects:
Easement
Purpose:
Affects:
Easement
Purpose:
Affects:
Easement
Purpose:
Affects:
Easement
Purpose:
Affects:
Easement
Purpose:
Affects:
Easement
Purpose:
Affects:
15608
sewer
Lot 3 as shown on Map 15608
public trail
Lot 3 as shown on said map
public pedestrian access
Lot 3
public pedestrian access
Lot3
public utility
Lot 3
public storm drain
Lot 3
sight distance corridor
Lot 3
82. The fact that the ownership of said land does not include rights of access to or from the street,
highway, or freeway abutting said land, such rights having been relinquished by the Map of said
Tract.
Affects: Lot 3 adjacent to Cannon Road
Said land, however, abuts upon a public thoroughfare other than the road referred to above, over
which rights of vehicular ingress and egress have not been relinquished.
83. 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.
CL TA Preliminary Report Form -Modified ( 11-17-06)
Page 17
•
District:
Disclosed By:
Recorded:
SCHEDULEB
( continued)
• Order No.: 830015689-US0
Amended Assessment Diagram of Assessment District No. 2003-01
(College Boulevard and Cannon Road East)
Assessment District Diagram
October 16, 2007 as Instrument No. 2007-00664624 of Official
Records
And recorded November 3, 2008 as Instrument No. 2008-0573341 of Official Records.
84. A document entitled "Notice of Restriction on Real Property", executed by City of Carlsbad,
subject to all the terms, provisions and conditions therein contained, recorded December 19, 2007
as Instrument No. 2007-0781703 of Official Records.
85. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title
Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in
possession thereof.
This office must be notified at least 7 business days prior to the scheduled closing in order to
arrange for an inspection of the land; upon completion of this inspection you will be notified of the
removal of specific coverage exceptions and/or additional exceptions to coverage.
86. Any rights of parties in possession of said land, based on any unrecorded lease, or leases.
This Company will require a full copy of any unrecorded lease, together with all supplements,
assignments, and amendments for review.
END OF SCHEDULE B
CLTA Preliminary Report Form -Modified (11-17-06)
Page 18
• • Order No.: 830015689-US0
INFORMATIONAL NOTES
Note No. 1: The policy of title insurance will include an arbitration provision. The Company or the
insured may demand arbitration. Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the insured arising out of or relating to this policy,
any service of the Company in connection with its issuance or the breach of a policy provision or
other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued
if you wish to review the arbitration provisions and any other provisions pertaining to your Title
Insurance coverage.
Note No. 2: The policy to be issued may contain an arbitration clause. When the Amount of
Insurance is less than the amount, if any, 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.
Note No. 3: Your open order request indicates that a Limited Liability Company will be acquiring,
encumbering or conveying real property in your transaction. Under the provisions of "the
California Limited Liability Act, effective September 30, 1994" the following will be required:
l. A copy of the Articles of Organization (and all amendments, if any) that has been filed with
the Secretary of State.
2. The requirement that this Company be provided with a copy of the Operation Agreement.
The copy provided must be certified by the appropriate manager or member that it is a copy
of the current operating agreement.
3. If the Limited Liability Company is member-managed then this Company must be provided
with a current list of the member names.
Calavera Hills II, LLC, a California limited liability company
GP
CLTA Preliminary Report Form-Modified (I 1-17-06)
Page 19
• • Order No.: 830015689-US0
INFORMATIONAL NOTES
(continued)
ATTACHMENT ONE
PRIVACY STATEMENT
IMPORTANT INFORMATION:
For those of you receiving this report by electronic delivery the Privacy Statement and Exclusions
From Coverage are linked to this report. Please review this information by selecting the link. For
those of you who are receiving a hard copy of this report, a copy of this information has been
submitted for your review.
CLTA Preliminary Report Form-Modified (11-17-06)
Page 20
c&AGO TITLE INSURANCE COM:il-Y
Fidelity National Financial Group of Companies' Privacy Statement
July 1, 2001
We recognize and respect the privacy of today's consumers and the requirements of applicable federal and ·state privacy laws.
We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to
whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy
Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with
applicable privacy laws.
In the course of our business, we may collect Personal Information about you from the following sources:
• From applications or other forms we receive from you or your authorized representative;
• From your transactions with, or from the services being performed by, us, our affiliates or others;
• From our Internet web sites;
• From the public records maintained by government entities that we wither obtain directly from those entities, or
from our affiliates or others; and
• From consumer or other reporting agencies
Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information
We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or
intrusion. We limit access to the Personal Information only to those employees who need such access in connection with
providing products or services to you or for other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate
settlement service providers. We may also disclose your Personal Information:
• to agents, brokers or representatives to provide you with services you have requested;
• to third-party contractors or service providers who provide services or perform marketing or other functions on our
behalf; and
• to others with whom we enter into joint marketing agreements for products or services that we believe you may find
of interest.
In addition, we will disclose your Personal Information when your direct or give us permission, when we are required by law to
do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise
permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any
agreement, transaction or relationship with you.
One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such
documents may contain your Personal Information.
Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion
Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom
your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or
deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the
costs incurred in responding to such requests.
All requests must be made in writing to the following address:
Multiple Products or Services:
Privacy Compliance Officer
Fidelity National Financial, Inc.
601 Riverside Drive
Jacksonville, FL 32204
If we provide you with more than one financial product or service, you may receive more that one privacy notice from us. We
apologize for any inconvenience this may cause you.
Privacy Statement (10-21-03)
• ATTACHMENT ONE • 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:
I. 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
I 3 of Covered Title Risks.
2. The right to tdke the land by condemning it, unless:
a notice of exercising the right appears in the public records on
the Policy Date
the talcing happened prior to the Policy Date and is binding on
you if you bought the land without knowing of the taking
3.
4.
5.
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 linut
the labor and material lien coverage in Item 8 of Covered Title
Risks
Failure to pay value for your title.
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.
In addition to the Exclusions you are not insured against loss, costs, attorneys' fees, and the expenses resulting from:
1. Any right, interests, or claims of parties in possession of the land not 3. Any facts about the land which a correct survey would disclose and
2.
shown by the public records. which are not shown by the public records. This does not limit the
Any easements or liens not shown by the public records. This does not
limit the lien coverage in Item 8 of Covered Title Risks. 4.
forced removal coverage in Item 12 of Covered Title Risks.
Any water rights or claims or title to water in or under the land,
whether or not shown by the public records.
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:
(a) whether or not recorded in the public records at Date of Policy,
but created, suffered, assumed or agreed to by the insured
claimant;
I.
2.
3.
(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.
Rights of eminent domain unless notice of the exercise thereof has
been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date
of Policy which would be binding on the rights of a purchaser for
value without knowledge.
Defects. liens, encumbrances, adverse claims or other matters:
4.
5.
6.
(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 Joss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resultrng 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.
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.
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 ts based upon usury or any consumer credit
protection or truth in lending law.
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.
SCHEDULE B, PART I
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fee, or expenses) which arise by reason of:
I. Taxes or assessments which are not shown as existing liens by the 3. Easements. liens or encumbrances, or claims thereof which are not
2.
records of any taxing authority that levies taxes or assessments on real ,hown by the public records.
property or by the public records. Proceedings by a public agency 4_ Discrepancies, conflicts in boundary lines, shortage in area.
which may result in taxes or assessments, or notices of such encroachments, or any other facts which a correct survey would
proceedings, whether or not shown by the records of such agency or disclose, and which are not shown by the public records.
by the public records.
Any facts, nghts, interests, or claim, which are not shown by the
public records but which could be a,certarned by an rnspectton of the
land or which may be asserted by persons in possession thereof.
5. (a) Unpatented mining claims; (b) reservations or exception, rn
patents or rn Acts authorizing the issuance thereof; (c) water rights.
claims or title to water, whether or not the matters e~cepted under (a).
(b) or (c) are shown by the public records.
Attachment One (11-17-06)
Page 22
• ATTACHMENT ONE
(CONTINUED) •
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:
I.
2.
3.
(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.
Rights of eminent domain unless notice of the exercise thereof has
been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date
of Policy which would be binding on the rights of a purchaser for
value without knowledge.
Defects, liens, encumbrances, adverse claims or other matters:
(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
4.
5.
6.
7.
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 sustamed
if the insured claimant had paid value for the insured mortgage.
Unenforceability of the lien of the insured mortgage because of the
inabihty or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with
applicable doing business laws of the state in which the land is
situated.
Invalidity or unenforceability of the lien of the insured mortgage, or
claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit
protection or truth in lending law.
Any statutory lien for services, labor or materials ( or the claim of
priority of any statutory lien for services, labor or materials over the
lien of the insured mortgage) arising from an improvement or work
related to the land which is contracted for and commenced subsequent
to Date of Policy and is not financed in whole or in part by proceeds
of the indebtedness secured by the insured mortgage which at Date of
Policy the insured has advanced or is obligated to advance.
Any claim, which arises out of the transaction creating the interest of
the mortgagee insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws,
that is based on:
(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 in~ured 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 Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against Joss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
I.
2.
Taxes or assessments which are not shown as existing liens by the
records of any taxing authority that levies taxes or assessments on real
property or by the public records. 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.
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.
4.
5.
Ea~ements, liens or encumbrances, or claims thereof, which are not
shown by the public records.
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.
(a) Unpatented mining claims; (b) reservations or exceptions in
patent, 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:
I. (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.
Attachment One (11-17-06)
Page 23
2.
3.
(b) Any governmental police power. This Exclusion l(b) does not
modify or limit the coverage provided under Covered Risk 6.
Rights of eminent domain. This Exclusion does not modify or limit
the coverage provided under Covered Risk 7 or 8.
Defects, hens, 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 Record, at
Date of Policy, but Known to the Insured Claimant and not
dhclo,ed in writing to the Company by the Insured Claunant
prior to the date the Insured Claimant became an Insured under
this policy;
(c) re,ultmg in no loss or damage to the Insured Claimant:
(d) attaching or created subsequent to Date of Policy (however, this
does not modify or hmit the coverage provided under Covered
Ri,k 11, 13, or 14): or
ATTACHMENT ONE
(CONTINUED) •
4.
5.
(e) resulting in loss or damage that would not have been sustained if
the Insured Claimant had paid value for the Insured Mortgage.
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.
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.
7.
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.
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 Pubhc
Records. This Exclusion does not modify or limit the coverage
provided under Covered Risk 11 (b ).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions
from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
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:
I.
2.
(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.
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.
4.
5.
Easements, liens or encumbrances, or claims thereof, not shown by
the Public Records.
Any encroachment, encumbrance, vio]ation, 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.
(a) Unpatented mimng 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:
I. (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 dimens10ns
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 re;ulting 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 iecords 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.
4.
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
1f the insured claimant had paid value for the estate or mterest
insured by this policy.
Any claim, which arises out of the transaction vesting in the insured
the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights
laws, that is based on:
(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:
(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 followmg 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) which arise by rea;on of:
I.
2.
Taxes or assessments which are not shown as existing liens by the
records of any taxing authority that levies taxes or assessments on real
property or by the public records. Proceedings by a public agency
which may result in taxes or assessments, or notices of such
proceedmgs, whether or not shown by the records of such agency or
by the public records.
Any facts, rights, interests or claims which are not shown by the
public records but which could be a;certained by an inspection of the
land or which may be asserted by persons in possession thereof.
Attachment One (11-17-06)
Page 24
3.
4.
5.
Easements, liens or encumbmnces, or claims thereof. which are not
,hown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area.
~ncroachments, or any other fact; which a correct survey would
disclose, and which are not shown by the public records.
(a) Unpatented rmning 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),
(bJ or (c) are shown by the public records.
• ATTACHMENT ONE
(CONTINUED) •
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:
I. (a) Any law, ordinance, permit, or governmental regulation
2.
3.
(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 I (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.
Rights of eminent domain. This Exclusion does not modify or limit
the coverage provided under Covered Risk 7 or 8.
Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
4.
5.
(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 IO); or
(e) resulting in loss or damage that would not have been sustained if
the Insured Claimant had paid value for the Title.
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.
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
! .,,s pui1-1 Joe; not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
I.
2.
(a) ···.,xes or assessments that are not shown as existing liens by the
recods ofany taxing authority that levies taxes or assessments on real
"" or by the Public Records; (b) proceedings by a public agency
result in taxes or assessments, or notices of such
p1, ;s, whether or not shown by the records of such agency or
by the ~ ,.Jlic Records.
Any facts, rights, interests, or claims that are not shown in the Public
Fecords but that could be ascertained by an inspection of the Land or
thot may be asserted by persons in possession of the Land.
3.
4.
5.
Easements, liens or encumbrances, or claims thereof, not shown by
the Public Records.
Any encroachment, encumbrance, violation, variation, or adverse
circumstance affecting the Title that would be di.closed by an
accurate and complete land survey of the Land and that are not shown
by the Public Records.
(a) Unpatented mining claims; (b) reservations or exceptions rn
patents or in Acts authorizing the issuance thereof; (c) water rights,
clmms 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 (10-22-03)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
I. 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 di vision
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 Ri.k 14,
15, 16, 17 or 24.
2.
3.
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 1f notice of
the violation appears in the Public Records at the Policy Date.
The right to take the Land by condemning it, unles.:
Attachment One (11-17-06)
Page 25
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:
5.
6.
a. that are created, allowed, or agreed to by You. whether or not
they appear in the Pubhc 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. thdt result in no Jos. 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.
Failure to pay value for Your Title.
Lack of a right:
a. to any Land outside the area spec1fically described and referred to
in paragraph 3 of Schedule A; and
b. in .treets, alleys, or waterways that touch the Land.
This fac!u,10n does not limit the coverage de.cribed in Covered Risk 11 or
18.
• ATTACHMENT ONE
(CONTINUED)
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 I 6:
Covered Risk 18:
Your Deductible Amount
1.00% of Policy Amount or $ UQQ..QQ
(whichever is less)
1.00% of Policy Amount or $ 5,000 00
(whichever is less)
1.00% of Policy Amount or $ 5.000.00
(whichever is less)
.!JlQ.% of Policy Amount or $ 2,500.00
(whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000.00
$ 1UlQQJlQ
$25,000 00
$ 5 000.00
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01)
EXCLUSIONS FROM COVERAGE
The foUowing 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:
(d) attaching or created subsequent to Date of Policy (this paragraph
does not limit the coverage provided under Covered Risks 8, 16,
I 8, I 9, 20, 2 I, 22, 23, 24, 25 and 26); or
I.
2.
3.
(a) Any law, ordinance or governmental regulation (includmg 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 aUeged 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 I 2, 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 exerci;e 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, I 4, and I 6 of
this policy.
Rights of eminent domain unless notice of the exercise thereof has
been recorded in the Public Records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date
of Policy which would be binding on the rights of a purchaser for
value without Knowledge.
Defects. liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded m 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 lo~s or damage to the Insured Claimant;
Attachment One (11-17-06)
Page 26
(e) resulting in loss or damage which would not have been sustained
tf 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 m
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 hen
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. LJck of priority of the lien of the Insured Mortgage as to each and
every advance made after Date of Policy. and all mterest churged
thereon, over liens, encumbrances and other matters affecting the title.
the existence of which ure 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 mterest charged, 1f 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 butlding 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.
•
EXHIBIT "A"
LEGAL DESCRIPTION
ACCESS EASEMENT
CT 02-16
PR 06-126
• UN'2U
MARCH 1, 2007
J .N. : 011014
PAGE 1 OF 1
THOSE PORTIONS OF PARCELS 1 AND 2 OF PARCEL MAP 19804, RECORDED
AUGUST 3, 2005 AS FILE NO. 2005-0659805, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL 1 OF SAID MAP,
SAID POINT BEING ALONG A 1451. 00 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY, A RADIAL LINE TO WHICH BEARS NORTH 25°25'30n WEST;
THENCE ALONG THE NORTHERLY BOUNDARY OF PARCEL 1 AND EASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°52' 11" AN ARC
DISTANCE OF 123 .32 FEET; THENCE LEAVING SAID BOUNDARY SOUTH
49°28'00" WEST, 51.85 FEET; THENCE SOUTH 62°49'32" WEST, 57.10
FEET; THENCE SOUTH 76°16'10 11 WEST, 16.38 FEET TO A POINT ON THE
WESTERLY BOUNDARY OF PARCEL 1, SAID POINT ALSO BEING ON THE
EASTERLY BOUNDARY OF PARCEL 2 OF SAID MAP, THENCE LEAVING SAID
BOUNDARY SOUTH 7 6°16 I 10 /I WEST I 3 5. 0 6 FEET TO A POINT BEING THE
BEGINNING OF A NON-TANGENT 1451. 00 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY, A RADIAL LINE TO WHICH BEARS NORTH 24°04'09" WEST;
THENCE ALONG THE NORTHERLY BOUNDARY OF PARCEL 2 AND EASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF O 1 °21 ' 21" AN ARC
DISTANCE OF 34.34 FEET TO THE POINT OF BEGINNING.
AREA= 1,060 S.F. OR 0.02 ACRES MORE OR LESS
O:\Le9al.J)escriptions\011014\ACCESS-OFFSITE.lgl.doc
City of Carlsbad
Faraday Center
Faraday Cashiering 001
0933601-1 12/02/2009 32
Wed, Dec 02, 2009 08:14 AM
Receipt Ref Nbr: R0933601-1/0003
PERMITS -PERMITS
Tran Ref Nbr: 093360101 0003 0003
Trans/Rcpt#: R0077272
SET#: GPA09001
Amount:
Item Subtotal :
Item Tota 1:
ITEM(S) TOTAL:
Check (Chk# 001509)
Total Received:
Have a nice dav!
1@ $205.48
$205.48
$205.48
$205.48
$205.48
$205.48
City of Carlsbad
Faraday Center
Faraday Cashiering 001
0904901 ·-1 02/18/2009 75
Wed, Feb 18, 2009 11:50 AM
Receipt Ref Nbr: R0904901-1/0016
PERMITS -PERMITS
Tran Ref Nbr: 090490101 0015 0016
Trans/Rcpt#: R0073681
SET#: GPA09001
Amount:
Item Subtotal :
Item Total:
ITEM(S) TOTAL:
Check (Chk# 001265)
Total Received:
Have a nice dav!
1@ $362.88
$362.88
$362.88
$362.88
$362.88
$362.88
City of Carlsbad
Faraday Center
Faraday Cashiering 001
0904101-1 02/10/2009 75
Tue, Feb 10, 2009 01 :18 PM
Receipt Ref Nbr: R0904101-1/0043
PERMITS -PERMITS
Tran Ref Nbr: 090410101 0043 0047
Trans/Rcpt#: R0073583
SET#: CT090001
Amount:
Item Subtotal:
Item Total:
PERMITS -PERMifS
1@ $12,307.00
$12,307.00
$12,307.00
Tran Ref Nbr: 090410101 0043 0048
Trans/Rcpt#: R0073582
St. #: PUD09001
Amount:
Item Subtota 1 :
Item Tota 1 :
2 ITEM(S) TOTAL:
Check (Chk# 551206)
Total Received:
Have a nice day!
1 @ $4 , 961. 00
$4,961.00
$4,961.00
$17,268.00
$17,268.00
$17,268.00
• •
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Applicant: BROOKFIELD TAMARACK LLC
Description
CT090001
Receipt Number: R0073583
Transaction Date: 02/10/2009
Pay Type Method Description
Amount
12,307.00
Transaction ID: R0073583
Amount
Payment Check 551206 12,307.00
Transaction Amount: 12,307.00
L'.ny uf Car 1sudd
Faraday Center
Faraday Cashiering 001
0902001-? O'l/20/2009 75
Tue, Jan 20, 2009 01:10 PM
Receipt R ,f Nbr; R0902001 ·-2/0015
PERMITS -?ER~ITS
Tran Ref Nt·1r: 090200102 0015 0015
Trans/Rcpt;;:: R0073314
SET #: GPM;9001
Amount:
Item Subtot11 l :
Item Total:
ITEM(S) TCTAL:
Check (Chk# 00'.225)
Total Heceived:
H.,vi:i r1 nire rlaV!
1@ $264.60
$264.60
$264.60
$264.60
$264.60
$264.60
• ~Y\'---•
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
11111111111111111111111111111111111111111111111111111111111111111
Applicant: BROOKFIELD TAMARACK LLC
Description
GPA09001
Receipt Number: R0073314
Transaction Date: 01/20/2009
Amount
264.60
Transaction ID: R0073314
Pay Type Method Descr,iption .i .,, Amount
: ' ' . -. ;-i '.': , __ :,_ - - - -
Payment Check 1225 264.60
Transaction Amount: 264.60
t
City of (;arlsbau
Faraday Center
Faraday Cashiering 001
0901402-1 01/14/2009 32
Wed, Jan 14, 2009 11 :29 AM
Receipt Ref Nbr: R0901402-1/0006
PERMITS -PERMITS
Tran Ref Nbr: 090140201 0006 0006
Trans/Rcpt#: T000088525
SET#: S000002721
Amount:
Item Subtotal :
Item Tota 1:
ITEM(SJ TOTAL:
Cash
Check (ChKlt C1t11222)
Check (Chk/,! 550751)
Check (Chk# 550784)
Total Received:
Have a nice day:
1@ $26,583.25
$26,583.25
$26,583.25
$26,583.25
$2.00
$697.00
$1,894.00
$23,980.25
$26,583.25
•
ROBERTSON RANCH EAST VILLAGE
PA 22/0ption Parcel Land Use Studies
Summary Table
Land Use Alternative Pro
1. Courtyard Homes {20 du) • High value
• City Staff support
• Compatible use
2. Fire Station/RV Storage Lot • Moderate value
• City benefit
• Compatible use
• Resolves RV lot timing issue
3. Senior Housing -4-p!exes • High value
(38 du) • Compatible use
• Acceptable to RCMHP
4. Senior Housing -Continuing • High value
Care Facility • Compatible with RR land uses
• Acceptable to RCMHP
5. Fire Station/Undefined • Moderate value
Additional Use Areas • Compatible use
6. Church • Moderate value
• Acceptable to Clty Staff
• Compatible use
7. Fire Station/RV Storage Lot • Moderate value
Undefined Add!tlonal Use Areas • City benefit
• Compatlble use
• Resolves RV lot timing issue
8. Single Family Lots -5,000 SF • High value
{17 lots) • City Staff support
• Compatible use
9. Multi-Family Residential Apts. -• High value
Public street (20 du) • Compatible use
10. Office/RV Storage • Moderate value
• Acceptable to City Staff
• Acceptable to RCMHP
• Compatible use
• City fiscal benefit
Other discussed and rejected uses:
•
Con
• RCMHP oppose
• Rejected by Fire Chief
• Location rejected by Senior
Housing operators
• Location rejected by
Continuing Care operators
• Use areas unknown
• Rejected by Fire Chief
• RCMHP oppose
• Rejected by Fire Chief
• Takes more eucalyptus
• RCMHP oppose
• RCMHP oppose
• City Staff oppose
• Commercial (7-11 grocery store, restaurants)-Not compatible, traffic Issues, RCMHP oppose.
• Heavy industrial -Not compatible, RCMHP oppose, environmental issues.
• Moblle home park-Low value, RCMHP oppose.
•