HomeMy WebLinkAboutCUP 260E; PALOMAR TRANSFER STATION; Conditional Use Permit (CUP)APPLICATIONS APPLIED FOR: (CHECK BOXES)
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY)
D Coastal Development Permit (*) D Minor
I ✓ I Conditional Use Permit (*)
□Minor □Extension D Day Care (Large)
D Environmental Impact Assessment
D Habitat Management Permit □Minor
D Hillside Development Permit (*) □Minor
D Nonconforming Construction Permit D Planned Development Permit Qinor
□Residential □ Non-Residential D Planning Commission Determination
0 Site Development Plan □Minor
D Special Use Permit
D Tentative Parcel Map (Minor Subdivision)
D Tentative Tract Map (Major Subdivision)
D Variance □ Minor
C-ifPtlfOF
Qeneral Plan Amendment
□Local Coastal Program Amendment (*)
□Master Plan
□specific Plan
ozone Change (*)
Qmendment
□Amendment
D Zone Code Amendment
South Carlsbad Coastal Review Area Permits
~iewPermit
--udministrative Qinor □Major
Village Review Area Permits
~iewPermit
~dministrative □Minor
(*) = eligible for 25% discount
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M.
ASSESSOR PARCEL NO(S).: 209-050-25 ------------------------------------PROJECT NAME: Palomar Transfer Station -CUP Amendment
BRIEF DESCRIPTION OF PROJECT: Modification to condition #8 of CUP 260D to extend the timeframe to allow for the issuance of building permits
and a modification of Condition #3.b.iii of City Council Resolution No.2005-029 (CUP 260(C)) to change the public access hours to 7:00 a.m.-4:00 p.m., Mon.-Fri.
BRIEF LEGAL DESCRIPTION: A portion of lot A and B of Rancho Aqua Hedionda according to map 823 filed on November 16, 1986
LOCATION OF PROJECT: 5960 El Camino Real, Carlsbad, CA 92008
ON THE: East
(NORTH, SOUTH, EAST, WESn
BETWEEN Faraday Avenue
(NAME OF STREET)
P-1
STREET ADDRESS
SIDE OF Orion Street
(NAME OF STREET)
AND El Camino Real
(NAME OF STREET)
Page 1 of6 Revised 12/13
OWNER NAME
(Print):
•
County of San Diego
MAILING ADDRESS: 1960 Joe Crosson Drive
CITY, STATE, ZIP: .... E ... I C ... a...,jo_n...,,..;;CA...,..;;9 ... 2 __ 02_0 ________ _
TB.EPHONE: 619-956-4806 -------------EM A IL ADDRESS:
E EGAL OWNER AND THAT ALL THE ABOVE
Nl"t:)RIIIIA r.:.'.~~~E:1,.:.:.AN=.=D~ CORRECT TO THE BEST OF MY
IIJ-l'"IL/
DATE
•
APPLICANT NAME (Print): Palomar Transfer Station
MAILING ADDRESS 5960 El Camino Real
CITY, STATE, ZIP Carlsbad. CA 92008
TELEPHONE: 760-603-0152 -------------EM A IL ADDRESS:
I CERTIFY THAT l~M LEGAL REPRESENTATIVE OF THE OWNER
AND T ALL THE O INFORMATION IS TRUE AND CORRECT TO
T EST:;;Y OGE. f ✓:i(I<
Sl4{l.E'-" DAT9 t/
APPLICANT'S REPRESENTATIVE (Print)· Stan Weiler, Howes Weiler & Associates
MAILING ADDRESS· 2888 Loker Avenue East, Suite 217
CITY, STATE, ZIP: Car1sbad, CA 92010
TELEPHONE
EMAIL ADDRESS.
760-929-2288
stanweiler@hwplanning.com
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
APPLICANT ANO THAT ALL THE ABOVE INFORMATION IS TRUE AND
CORRECT TO THE BEST OF Y OWLEDGE.
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION I/WE CONSENT TO ENTRY FOR THIS PURPOSE
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECO HIS PERTY IF CONDITIONED FOR THE APPLICANT NOTICE OF RESTRICTIONS RUN WITH
THE ~_..-, ESS SIN INTER ST
FOR CITY USE ONLY
NOV O 4 2014
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
P-1 Page 2 of 6 Revised 12113
·;,.· CITY OF
DISCLOSURE
STATEMENT
P-1(A)
.Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MY§I be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization. corporation, estate, trust. receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the appHcant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the CQMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person Palomar Transfer Station Corp/Part~----------
Title __________ _ Title ________ _
Address 5960 El Camino Real Address ----Carlsbad, CA 92008
2. OWNER (Not the owner's agent)
P-1(A)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership. include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person County of San Diego Corp/Part. ___________ _
Title O i 1te do .c rt:'. It, ~foil.~ Title ____________ _
Address 1960 Joe Crosson Drive Address _________ _
El Cajon, CA 92020
Page 1 of2 Revised 07/10
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non
profit organization or as trustee or beneficiary of the.
Non Profit/Trust_______ Non Profit!Trust'----------
Title____________ Title ____________ _
Address _________ _ Address ___________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes [x) No If yes, please indicate person(s):, __________ _
NOTE: Attach additional sheets if necessary
mu.-w.n'wledge~ ff2 h'iy•~
f e_ ~ ~ D I{ t~ 'i<. w ti..+et.-
Print or type name of owner Print or type name of applicant
~ --//·4·Za!f
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page2 of2 Revised 07/10
,,. .
PROJECT
DESCRIPTION
P-1(8)
PROJECT NAME: Palomar Transfer Station -CUP Amendment
APPLICANT NAME: Palomar Transfer Station
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
SEE ATTACHED PROJECT DESCRIPTION
P-1(8) Page 1 of 1 Revised 07110
PALOMAR TRANSFER STATION
CONDITIONAL USE PERMIT AMENDMENT -CUP 260 (E)
PROJECT DESCRIPTION
Palomar Transfer Station, Inc. is requesting a Conditional Use Permit Amendment to modify
Condition #3.b.iii of City Council Resolution No. 2005-029, which approved CUP 260 (C)
regarding the time for public access to the transfer station and Condition #8 of CUP 260 (D)
regarding the time frame for obtaining building permits for the approved expansion of the
green waste bay.
CUP 260 (C)-Condition 3.b.iii of City Council Resolution No. 2005-029
In February 2005, CUP 260 (C) and EIR 03-04 were approved by the City Council to allow for an
increase of Municipal Solid Waste tonnage, the addition of a transfer load out bay,
improvements to the interior circulation, and improvements to the adjacent roadway at the
Palomar Transfer Station located at 5960 El Camino Real in the City of carlsbad. The EIR
analyzed the traffic impacts for the project based on the increased tonnage amounts along with
the proposed Monday through Friday 7:00 am to 4:00 pm operational times for public access to
the project site. The traffic impact analysis resulted in a number of roadway improvements
adjacent to the project site. The Planning Commission recommended that the City Council
approve CUP 260 (C) and EIR 03-04 with the operational times as proposed and analyzed in the
EIR. However, the City Council approved a resolution that decreased the hours of public access
to the transfer station from Monday through Friday 7:00 am to 4:00 pm to 9:00 am to 4:00 pm.
The applicant accepted this change and the project was approved.
This currently proposed CUP Amendment requests an amendment to condition #3.b.iii of City
Council Resolution No. 2005-029 to allow for public access Monday through Friday from 7:00
am to 4:00 pm. Since EIR 03-04 examined traffic impacts based on the Monday through Friday
public access at a 7:00 a.m. -4:00 p.m. operating timeframe and the roadway improvements
that were completed by the applicant mitigated for impacts that occurred throughout that
timeframe, the applicant feels that the restricted hours are not necessary and actually may
confuse the public because the gates are open for commercial haulers at 7:00 am. Therefore,
the applicant requests a change to this condition to allow for public access Monday through
Friday between 7:00 am to 4:00 pm.
CUP 260 (D)-Condition 8
CUP 260 (D) approved a 10 year extension of the facility's original Conditional Use Permit, and
allowed for the expansion of the tipping bay structure for green waste and
construction/demolition material, the collection of universal waste, and the collection of home
generated sharps needles.
...
At this time, the applicant requests an amendment to Condition #8 of Planning Commission
Resolution 6907 for CUP 260 (D) to allow for an additional 24 months in order to obtain building
permits. The approved condition required building permits for the expansion to be issued by
November 6, 1014. Due to funding constraints, Palomar Transfer Station cannot move forward
with the building permit process until early 2015. The applicant requests that the condition be
amended to grant a 24 month extension thus requiring the issuance of building permits before
November 6, 2016.
CITY or
CARLSBAD
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www .carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962 5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
Ix] The development project and any alternatives proposed in this application ~ contained on the
lists compiled pursuant to Section 65962. 5 of the State Government Code.
0 The development project and any alternatives proposed in this appfication !!! contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: Palomar Transfer Station
Address: 5960 El Camino Real
Carlsbad, CA 92008
Phone Number. 760-603-0152
PROPERlY OWNER
Name: County of San Diego
Address: 1960 Joe Crosson Drive
El Cajon, CA 92020
Phone Number: 619-956-4806
Address of Site: 5960 El Camino Real, Carlsbad. CA 92008
Local Agency (City and County):_ City of Carlsbad, County of San Diego
Assessor's book, page, and parcel number:--=2"'-09::..·..,.0;.:;;5=0-=-2=5 _______________ _
Specify list{s) ______________________________ _
Regulatory Identification Number: ______________________ _
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of 2 Revised 02/13
~ \(t..,
~ CITY OF
CARLSBAD
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E}
PLEASE NOTE:
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Time limits on the processing of discretionary projects established by state law do not start until a
project application is deemed complete by the City. The City has 30 calendar days from the date of
application submittal to determine whether an application is complete or incomplete. Within 30 days of
submittal of this application you will receive a letter stating whether this application is complete or
incomplete. If it is incomplete, the letter will state what is needed to make this application complete.
When the application is complete, the processing period will start upon the date of the completion letter.
If you have any questions regarding application submittal requirements (i.e., clarification
regarding a specific requirement or wheth I requi nts are necessary for your particular
application) please call~-4610.
Applicant Signature:
Staff Signature:
Date:
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Revised 07/10
( City of
c:arlsbad
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
INSTRUCTIONS:
To address post-development pollutants that may be generated from development projects, the City requires that new development and
significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project
design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards
(Volume 4, Chapter 2).
Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision,
discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that
must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to
'Standard Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many
aspects of project site design are dependent upon the storm water standards applied to a project.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has
responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire
was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return
of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please
seek assistance from Land Development Engineering staff.
A separate completed and signed questionnaire must be submitted for each new development application submission. Only one
completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently.
In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits
for the project.
Please start by completing Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your
application to the city.
To determine if your project is a priority development project, please answer the following questions:
1. Is your project LIMITED TO constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet
the following criteria: (1) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or
other non-erodible permeable areas; OR (2) designed and constructed to be hydraulically disconnected from
paved streets or roads; OR (3) designed and constructed with permeable pavements or surfaces in
accordance with USEPA Green Streets uidance?
2. Is your project LIMITED TO retrofitting or redeveloping existing paved alleys, streets, or roads that are
designed and constructed in accordance with the USEPA Green Streets guidance?
YES NO
X
X
If you answered ·yes" to one or more of the above questions, then your project is NOT a priority development project and therefore is
NOT subject to the storm water criteria required for priority development projects. Go to step 4, mark the last box stating "my
project does not meet PDP requirements" and complete applicant information.
If ou answered ·no" to both uestions, then o to Step 2.
E-34 Page 1 of 3 Effective 6/27/13
( City of
__ rlsbad
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
To determine if your project is a priority development project, please answer the following questions:
1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively
over the entire project site? This includes commercial, industrial, residential, mixed-use, and public
develo ment ro ·ects on ublic or rivate land.
2. Is your project creating or replacing 5,000 square feet or more of impervious surface collectively over the entire
project site on an existing site of 10,000 square feet or more of impervious surface? This includes commercial,
industrial, residential, mixed-use, and ublic develo ment ro·ects on ublic or rivate land.
3. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared
foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared
foods and drinks for immediate consum tion.
4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a hillside development project? A hillside development
project includes development on any natural slope that is twenty-five percent or greater.
5. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a parking lot. A parking lot is a land area or facility for the
tem ora arkin or stora e of motor vehicles used ersonall for business or for commerce.
6. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface
collectively over the entire project site and supports a street, road, highway freeway or driveway? A street,
road, highway, freeway or driveway is any paved impervious surface used for the transportation of
automobiles, trucks, motorc cles, and other vehicles.
7. Is your project a new or redevelopment project that creates or replaces 2,500 square feet or more of
impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive
Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or less
from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the
ro·ect to the ESA i.e. not commin /es with flows from ad·acent lands.*
8. Is your project a new development that supports an automotive repair shop? An automotive repair shop is a
facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013,
5014, 5541, 7532-7534, or 7536-7539.
9. Is your project a new development that supports a retail gasoline outlet (RGO)? This category includes RGO's
that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of
100 or more vehicles er da .
1 O. ls your project a new or redevelopment project that results in the disturbance of one or more acres of land and
are expected to generate pollutants post construction?
11.ls your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of
YES NO
X
X
X
X
X
X
X
X
X
impervious surface or (2) increases impervious surface on the property by more than 10%? X
If you answered "yes" to one or more of the above questions, you ARE a priority development project and are therefore subject to
implementing structural Best Management Practices (BMP's) in addition to implementing Standard Storm Water Requirements such
as source control and low impact development BMP's. A Storm Water Management Plan (SWMP) must be submitted with your
application(s) for development. Go to step 3 for redevelopment projects. For new projects, go to step 4 at the end of this
questionnaire, check the "my project meets PDP requirements" box and complete applicant information.
If you answered "no" to all of the above questions, you ARE NOT a priority development project and are therefore subject to
implementing only Standard Storm Water Requirements such as source control and low impact development BMP's required for all
development projects. A Storm Water Management Plan (SWMP) is not required with your application(s) for development. Go to step
4 at the end of this questionnaire, check the "my project does not meet PDP requirements" box and complete applicant
information.
E-34 Page 2 of 3 Effective 6/27 /13
(city of
__ rlsbad
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than
50% of the surface area of the reviousl existin develo ment?
If you answered "yes," the structural BIVIP's required for Priority Development Projects apply only to the creation or replacement of
impervious surface and not the entire development. Go to step 4, check the "my project meets PDP requirements" box and
complete applicant information.
If you answered "no,· the structural BIVIP's required for Priority Development Projects apply to the entire development. Go to step 4,
check the "m ro·ect meets PDP uirements" box and com lete a licant information.
;,•.\,, J
.,-, __ _
□ My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater
criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application.
I understand flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details.
My project does not meet POP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per
the SUSMP. As part of these requirements, I will incorporate low impact development strategies throughout my project.
Applicant Information and Signature Box
Address: 5960 El Camino Real, Carlsbad, CA 92008 Accessor's Parcel Number(s): 209-050-25
Applicant Name:
Palomar Transfer Station
Applicant Title:-o,b.._ _
d<t:eAd"~ ~'7'/~
This Box for City Use Only
City Concurrence: 0
By: \)
Date:
Project ID: Cv
* Environmentally Sensitive Areas include but are not limited 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
quivalent 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 Coperrnittees.
E-34 Page 3 of 3 Effective 6/27/13
--Chicago Title Company
Builders Services Division
2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400
Title Department:
Chicago Title Company
Attn: Tom Votel/Ken Cyr
Email: votelt@ctt.com & ken.cyr@ctt.com
Phone: (619) 521-3553 & (619) 521-3555
Fax: (619) 521-3608
Order No.: 930022392-U50
Customer:
Howes Weiler & Associates
Attn: Stan Weiler
Email: ksteindlberger@hwplanning.com
Reference No.: 5960 El Camino RL
FIRST AMENDED PRELIMINARY REPORT
Property Address: 5960 El Camino Real, Carlsbad, CA
Dated as of: September 30, 2014 at 7:30 am
In response to the application for a policy of title insurance referenced herein, Chicago Title Company
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies
of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring
against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred
to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions
and Stipulations or Conditions of said Policy forms.
The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy
or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause.
When the Amount of Insurance is less than that se 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 Attachment One. Copies of the policy forms should be read. They are
available from the office which issued this report.
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.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in
Attachment One 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 he
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.
CALIFORNIA LAND TITLE ASSOCIATION ST AND ARD COVERAGE POLICY
CL TA Preliminary Report Form -Modified ( 11-17-06)
Page 1
Order No.: 930022392-050
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:
County of San Diego
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 (11-17-06)
Page2
-Order No.: 930022392-US0
LEGAL DESCRIPTION
THOSE PORTIONS OF LOTS A AND B OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT 14 OF SAID LOT BAS DESIGNATED ON SAID MAP NO. 823;
THENCE ALONG THE BOUNDARY OF SAID LOT B, SOUTH 89°54'00" EAST, 23.41 FEET TO
THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO NORTH COUNTY
INVESTMENTS, RECORDED JUNE 16, 1971 AS INSTRUMENT NO. 126673 OF OFFICIAL
RECORDS AND BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING ALONG
SAID BOUNDARY NORTH 89°54'00" WEST, 23.41 FEET TO SAID POINT 14 OF LOT B; THENCE
ALONG THE BOUNDARY OF SAID LAND OF NORTH COUNTY INVESTOR'S AS FOLLOWS:
SOUTH 54°15'33" WEST, 326.48 FEET; SOUTH 50°55'35" WEST, 1788.65 FEET, SOUTH 01 °28'24"
WEST, 787.30 FEET AND SOUTH 10°46'15" WEST, 2187.68 FEET TO THE MOST NORTHERLY
CORNER OF LAND DESCRIBED IN PARCEL 1 IN DEED TO CARLSBAD MUNICIPAL WATER
DISTRICT, RECORDED DECEMBER 27. 1961 AS INSTRUMENT NO. 222199, OF OFFICIAL
RECORDS, AND BEING A POINT HEREIN DESIGNATED AS POINT X; THENCE ALONG THE
BOUNDARY OF SAID WATER DISTRICT'S LAND AS FOLLOWS: SOUTH 73°43'45" EAST
232.43 FEET TO AN ANGLE POINT THEREIN, AND SOUTH 38°38'25" EAST, 341.96 FEET TO
THE MOST EASTERLY CORNER OF SAID LAND; THENCE SOUTH 38°38'25" EAST 100.00
FEET; THENCE SOUTH 51°21'35" WEST, 638.00 FEET TO THE NORTHEASTERLY LINE OF
COUNTY ROAD SURVEY NO. 682 (KNOWN AS EL CAMINO REAL) ACCORDING TO PLAT
THEREOF ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAN DIEGO COUNTY;
THENCE ALONG SAID NORTHEASTERLY LINE, NORTH 38°38'25" WEST (RECORD = NORTH
38°35'00" WEST), 50.00 FEET TO A POINT HEREIN DESIGNATED AS POINT Y; THENCE
CONTINUING NORTH 38°38'25" WEST, 150.00 FEET TO A LINE WHICH BEARS SOUTH
10°46'15" WEST FROM SAID POINT X; THENCE SOUTH 10°46'15" WEST, 39.50 FEET TO THE
CENTER LINE OF SAID COUNTY ROAD SURVEY NO. 682; THENCE ALONG SAID CENTER
LINE SOUTH 38°38'25" EAST, 1047.69 FEET TO THE WESTERLY PROLONGATION OF
COURSE NO. 3, IN THE SOUTHERLY BOUNDARY OF SAID LOT B AS SHOWN ON RECORD
OF SURVEY MAP NO. ill, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, OCTOBER 12, 1935; THENCE ALONG SAID PROLONGATION AND SAID
COURSE NO. 3, NORTH 84°34'38" EAST (RECORD= NORTH 84°38'00" EAST) 1892.91 FEET TO
A LINE WHICH BEARS SOUTH 03°05'08" EAST FROM THE TRUE POINT OF BEGINNING;
THENCE NORTH 03°05'08" WEST, 5593.11 FEET TO THE TRUE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF LOT B OF RANCHO AGUA HEDIONDA, IN THE
COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER
16, 1896, INCLUDED IN THAT CERTAIN 6.459 ACRE PARCEL OF LAND AS SHOWN ON
RECORD OF SURVEY MAP NO. 7845 ON FILE IN THE OFFICE OF THE COUNTY ENGINEER
OF SAID SAN DIEGO COUNTY, LYING EASTERLY OF THE WESTERLY LINE OF A STRIP OF
LAND 48.00 FEET IN WIDTH, THE SIDELINES OF SAID STRIP BEING 24.00 FEET ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID 6.459 ACRE PARCEL; THENCE
SOUTH 51°47'58" WEST ALONG THE SOUTHWESTERLY PROLONGATION O THE
SOUTHEASTERLY LINE OF SAID PARCEL, A DISTANCE OF 55.00 FEET TO THE CENTER
CJ,,;f A Preliminary Report Form -Modified (11-17-06)
Page3
-Order No.: 930022392-US0
LEGAL DESCRIPTION
( continued)
LINE OF ROAD SURVEY NO. 1800-1, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE
COUNTY ENGINEER OF SAID COUNTY; THENCE SOUTH 28°12'02" EAST, ALONG SAID
CENTERLINE 141.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEA YING SAID
CENTERLINE, NORTH 38°22'25" EAST, 480.00 FEET TO THE BEGINNING OF A TANGENT
350.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE
ARC OF SAID CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 81 °50'49" TO THE POINT OF TERMINUS, AS
CONVEYED TO THE COUNTY OF SAN DIEGO BY DEED RECORDED AUGUST 23, 1977 AS
INSTRUMENT NO. 77-345406 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF CARLSBAD IN
DEED RECORDED JUNE 30, 1982 AS INSTRUMENT NO. 82-201566 OF OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LOT B OF RANCHO AGUA DEDIONDA, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER
16, 1896, LYING WITHIN THE LAND DESCRIBED IN DEED TO SAID COUNTY OF SAN DIEGO,
RECORDED JANUARY 18, 1974 AS INSTRUMENT NO. 74-014190 OF OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID COUNTY OF SAN DIEGO
LAND; THENCE NORTH 89°54'00" WEST, 23.41 FEET TO A POINT 14 OF SAID LOT BAS
SHOWN ON SAID MAP 823; THENCE ALONG THE BOUNDARY OF SAID COUNTY LAND,
SOUTH 54°15'33" WEST, 326.48 FEET; THENCE SOUTH 50°55'35" WEST, 1788.65 FEET;
THENCE SOUTH 01 °28'24" WEST, 787.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID BOUNDARY, SOUTH 10°46'15" WEST 1337.68 FEET; THENCE
LEAVING SAID BOUNDARY, SOUTH 79°13'45" EAST, 703.35 FEET; THENCE NORTH 30°28'48"
EAST, 900.00 FEET; THENCE NORTH 30°31' 12" WEST, 800.00 FEET; THENCE SOUTH 87°45'29"
WEST, 491.59 FEET TO THE TRUE POINT OF BEGINNING.
APN: 209-050-25
END OF LEGAL DESCRIPTION
CLTA Preliminary Report Form -Modified (11-17-06)
Page4
Order No.: 930022392-US0
SCHEDULED
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:
1. Taxes not assessed.
2. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the
provisions of Part 0.5, Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing
with Section 75) of the Revenue and Taxation Code of the State of California as a result of the
transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new
construction occurring prior to date of policy.
3. The rights of the public in and to that portion of the herein described land lying within any publicly
dedicated street.
4. The right of James Kelly, Robert S. Kelly, Ellen K. Hall, Alice K. Morrison and Lillie Kelly
Ortega, and their respective successors and assigns, to sue all roads and rights of way now existing
or traveled over and across any portion of the property herein described, together with the right and
easement to install any poles, wires, pipes or similar utility structures over and along any or all of
such rights of way, as granted by deed dated March 26, 1936 and recorded July 29, 1936 in book
541, page 244 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:
San Diego Gas and Electric Company
public utilities, ingress, egress
January 18, 1937 in Book 613, page 126 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
6. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
County of San Diego
public road purposes
October 2, 1940 in Book 1068, page 496 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
Said instrument additionally contains the privilege and right to extend drainage structures and
excavation and embankment slopes beyond the limits where required for the construction and
maintenance thereof
7. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
County of San Diego
public road purposes
October 2, 1940 in Book 1075, page 403 of Official Records
CLTA Preliminary Report Form -Modified (11-17-06)
Page 5
Affects:
SCHEDULED
(continued)
Order No.: 930022392-US0
The route thereof affects a portion of said land and is more fully
described in said document.
Said instrument additionally contains the privilege and right to extend drainage structures and
excavation and embankment slopes beyond the limits where required for the construction and
maintenance thereof
8. 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
road and utility purposes and incidental thereto
December 27, 1961 as Instrument No. 222199 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
9. Any boundary discrepancies, rights or claims which may exist or arise as disclosed by a record of
survey
Record of Survey No.: 6493
10. 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
July 29, 1975 as Instrument No. 75-0197823 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
11 . 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 12, 1979 as Instrument No. 79-241682 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
12. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
The Pacific Telephone and Telegraph Company
public utilities, ingress, egress
August 21, 1979 as Instrument No. 79-350469 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
13. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To: Carlsbad Municipal Water District
CL TA Preliminary Report Form -Modified ( l l-l 7-06)
Page6
Purpose:
Recorded:
Affects:
SCHEDULED
(continued)
Order No.: 930022392-US0
for the installation, construction, operation, maintenance, repair,
replacement, and reconstruction of water lines
August 22, 1979 as Instrument No. 79-0352199 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
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
for a public highway
September 6, 1979 as Instrument No. 79-3 73667 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
15. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
Costa Real Municipal Water District (formerly Carlsbad Municipal
Water District)
for road purposes
September 23, 1980 as Instrument No. 80-308474 of Official
Records
The route thereof affects a portion of said land and is more fully
described in said document.
16. 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
road and utility purposes and for drainage facilities
June 30, 1982 as Instrument No. 82-201566 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
1 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
Kaiser Development Company
for slope and drainage rights including the rights of excavation and
embankment and the right to construct drainage structures
March 13, 1986 as Instrument No. 86-09793 7 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
18. An Agreement, and the terms and conditions as contained therein
Dated:
By and Between:
Recorded:
March 13, 1986
County of San Diego, a political subdivision of the State of
California, and the City of Carlsbad, a municipal corporation of the
State of California
June 27, 1986 as Instrument No. 86-0265572 of Official Records
CLTA Preliminary Report Form -Modified (11-17-06)
Page 7
Regarding:
SCHEDULED
( continued)
Order No.: 930022392-US0
Agreement between County of San Diego and the City of Carlsbad
for the payment of a public facilities fee
Reference is hereby made to said document for full particulars.
19. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
The City of Carlsbad, a municipal corporation
for storm drainage facilities and appurtenances
November 17, 1987 as Instrument No. 87-0642301 and re-recorded
Januarv 5, 1989 as Instrument No. 89-006599, both of Official
Records
The route thereof affects a portion of said land and is more fully
described in said document.
20. 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
for slopes and construction purposes
July 15, 1992 as Instrument No. 1992-0443331 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
21. 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
slope and construction purposes
July 15, 1992 as Instrument No. 1992-0443331 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
22. An Agreement, and the terms and conditions as contained therein
By and Between:
Recorded:
Regarding:
City of Carlsbad, California, a municipal corporation, Coast Waste
Management, Inc., a California corporation and the County of San
Diego, a political subdivision of the State of California
August 14, 1997 as Instrument No. 1997-0389855 of Official
Records
Settlement Agreement between the City of Carlsbad, the County of
San Diego and Coast Waste Management
Reference is hereby made to said document for full particulars.
23. Unrecorded lease and sublease and the terms, covenants, and conditions set forth therein as
evidenced by document entitled "Settlement agreement between the City of Carlsbad, the County of
San Diego, and Coast Waste Management", recorded August 14, 1997 as Instrument No. 1997-
0389855 of Official Records.
CLTA Preliminary Report Form -Modified (11-17-06)
Page 8
SCHEDULED
( continued)
Order No.: 930022392-US0
24. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
The City of Carlsbad, a municipal corporation
public street and public utility
January 12, 2000 as Instrument No. 2000-0018490 of Official
Records
The route thereof affects a portion of said land and is more fully
described in said document.
25. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
The City of Carlsbad, a municipal corporation
drainage
January 12, 2000 as Instrument No. 2000-0018491 of Official
Records
The route thereof affects a portion of said land and is more fully
described in said document.
26. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
MSGW California II, L. L. C.
access road and utility
January 12, 2000 as Instrument No. 2000-0018492 of Official
Records
The route thereof affects a portion of said land and is more fully
described in said document.
2 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
MSGW California II, L. L. C.
landscape
January 12, 2000 as Instrument No. 2000-0018493 of Official
Records
The route thereof affects a portion of said land and is more fully
described in said document.
28. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
The City of Carlsbad, a municipal corporation
road
July 27, 2000 as Instrument No. 2000-0397499 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
29. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To: San Diego Gas and Electric Company, a corporation
Purpose: public utilities, ingress, egress
CLTA Preliminary Report Form -Modified (11-17-06)
Page9
Recorded:
Affects:
SCHEDULEB
( continued)
Order No.: 930022392-US0
May 18, 2001 as Instrument No. 2001-0317562 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
30. An irrevocable offer to Dedicate a portion of said land for the purposes stated herein.
In Favor Of:
For:
Recorded:
Affects:
The County of San Diego
Public highway
June 18, 2001 as Instrument No. 2001-040660 I of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
Said offer was accepted for public use by a resolution.
Executed By: The County of San Diego
Recorded: June 18. 2001 as Instrument No. 2001-0406601 of Official Records
31. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
Buena Sanitation District
sewer lines
April 19, 2002 as Instrument No. 2002-0331024 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
32. 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
November 9, 2004 as Instrument No. 2004-01066306 of Official
Records
The route thereof affects a portion of said land and is more fully
described in said document.
Said instrument additionally contains the privilege and right to extend drainage structures and
excavation and embankment slopes beyond the limits where required for the construction and
maintenance thereof
33. 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
conservation easement deed
November 30. 2004 as Instrument No. 2004-01123441 of Official
Records
The route thereof affects a portion of said land and is more fully
described in said document.
CLTA Preliminary Report Form -Modified (11-17-06)
Page IO
SCHEDULED
( continued)
Order No.: 930022392-US0
34. 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, a corporation
public utilities, ingress, egress
April 5, 2007 as Instrument No. 2007-0228615 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
35. 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
August 22, 2007 as Instrument No. 2007-0558614 of Official
Records
The route thereof affects a portion of said land and is more fully
described in said document.
36. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
Buena Sanitation District
sewer lines
August 20, 2009 as Instrument No. 2009-0467820 of Official
Records
The route thereof affects a portion of said land and is more fully
described in said document.
37, 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.
3 8, 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.
39, Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted m a
document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
San Diego Gas and Electric Company
combined underground electrical system plus gas easement
August 10, 2012
2012-0475462 of Official Records
The route thereof affects a portion of said land and is more fully described in
said document.
CL TA Preliminary Report Form -Modified ( 11-17-06)
Page 11
SCHEDULED
( continued)
40. Matters contained in that certain document
Entitled:
Recording Date:
Recording No:
END OF SCHEDULE B
Notice of Restriction Real Property
January 16, 2013
2013-0033084 of Official Records
CL TA Preliminary Report Form -Modified ( 11-17-06)
Page 12
Order No.: 930022392-US0
Order No.: 930022392-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.
GP
CL TA Preliminary Report Form -Modified ( 11-17-06)
Page 13
INFORMATIONAL NOTES
( continued)
A TT AC HM ENT ONE
PRIVACY ST A TEMENT
IMPORTANT INFORMATION:
Order No.: 930022392-US0
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 14
1
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